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02-19-08 Agenda Reg
City of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, February 19, 2008 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, Regular Meeting 6:00 p.m. public comments, Commission discussion and official action. City Public Hearings 7:00 p.m. Commission meetings are business meetings and the right to limit Delray Beach City Hall discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. 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. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign- in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and Phone: (561) 243-7000 enjoy the benefits of a service, program, or activity conducted Fax: (561) 243-3774 by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. January 30, 2008 -Annual Citizen's Roundtable Meeting B. February 5, 2008 -Regular Meeting C. February 12, 2008 - Special/Workshop Meeting 6. PROCLAMATIONS: A. Water For Our Children Day -March 7, 2008 7. PRESENTATIONS: A. NONE 8. CONSENT AGENDA: City Manager Recommends Approval A. CONTRACT ADDITION (C.O. 11/RANDOLPH & DEWDNEY CONSTRUCTION. INC.: Approve a Contract Addition (C.O. No. 1) in the amount of $39,227.86 to Randolph & Dewdney Construction, Inc. for additional renovation work to the Pompev Park Community Center Proiect. Funding is available from 380-4250-572-62.62 (2004 G.O. Bond/Buildings/Pompev Park Expansion). B. SERVICE AUTHORIZATION N0.04-10/CH2M HILL. INC.: Approve Service Authorization No. 04-10 in the amount of $63,597.00 to CH2M Hill, Inc. for professional engineering services in conducting Groundwater Modeling and for preparation of the Water Use Permit Application. Funding is available from 441-5122-536-31.30 (Water/Sewer Fund/Engineering/Architect~ C. RESOLUTION N0.05-08/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/ROADWAY TRANSFER AGREEMENT: Approve and adopt Resolution No. 05-08 authorizing execution of a Roadway Transfer Agreement with the Florida Department of Transportation (FDOT) to transfer Depot Road from FDOT to the Cites D. RESOLUTION N0.07-08/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/.TOINT PARTICIPATION AGREEMENT: Approve and adopt Resolution No. 07-08 authorizing execution of a .Toint Participation Agreement (.TPA) with the Florida Department of Transportation (FDOT) to accept funding in the amount of $180,180.00 over the next three ~) vears for the expansion of the Downtown Roundabout Shuttle System. E. RENEWAL/SEA TURTLE MONITORING CONTRACT WITH DR..TOHN FLETEMEYER: Approve and authorize the renewal of an agreement with Dr..Tohn Fletemeyer for the sea turtle monitoring program for three ~) vears (through October 31, 2010) at a yearly rate of $38,750.00. Funding is available from 332-4164-572-34.90 (Beach Restoration Fund). The cost is partially reimbursed by federal and state appropriations. AMENDMENT NO. 1/NAMING RIGHTS CONTRACT/FUTBOLMASTERS, INC.: Approve Amendment No. 1 to the Naming Rights Contract between the City and FutbolMasters, Inc. extending the contract for six ~) months. G. SPECIAL EVENT RE~UEST/BIG SHOT VOLLEYBALL TOURNAMENT: Approve a request from East End Volleyball for the Big Shot Volleyball Tournament to be held at the municipal beach on March 29 and 30, 2008. H. SPECIAL EVENT RE~UEST/EASTER SUNRISE SERVICE: Approve a request for an Easter Sunrise Service to be held on March 23, 2008, granting a temporary use permit per LDR Section 2.4.6(F~ for the closure of South Ocean Boulevard from Atlantic Avenue to Miramar from 6:00 a.m. to 7:30 a.m., grant the use of the pavilion, authorize staff support for traffic control, barricading and EMS presence. L REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 4, 2008 through February 15, 2008. J. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Dell in the amount of $16,547.84 for a server for the in-car video system for the Police Department. Funding is available from 334-2111-521-64.90 (General Construction Fund/Other Machinery/Equipment). 2. Purchase award to Fortis SE Document Management System through PMI Imaging Systems in the amount of $25,235.00 for upgrades to the Canofile System at the Police Department. Funding is available from 001-2111-521-66.10 (General Fund/Software). 3. Purchase award to Hector Turf in the amount $21,584.38 for the purchase of one ~) Toro Groundmaster 3100 with 11 blade cutting units and wiehle rollers for the Delray Beach Golf Course. Funding is available from 445-4761-572.64.90 (Delray Beach Municipal Golf Course Fund/Other Machinery/Equipment). 4. Purchase award to Metron-Farnier, LLC in the amount of $37,689.00 for the purchase of 33 large water meters to continue the Large Water Replacement Program. Funding is available from 442-5178-536-61.81 (Water/Sewer Renewal & Replacement Fund/Water Meter Replacement Program). 5. Approve a contract award to .lade Communications, Inc. in the amount of $60,845 (County Contract #05193) for the cabling and equipment move to the new Information Technology building and a contract award to APC Systems in the amount of $302,610 (State Term Contract) for the air conditioning rack system, fire suppression systems, and the UPS battery backup systems. Funding is available from 334-6112-519-62.85 (General Construction Fund/Capital Outlay/City Hall Expansion/IT Building). The award to APC system is recommended contingent upon the City Attorney's Office and vendor reaching agreement on the terms of the contract. 9. REGULAR AGENDA: A. AMENDMENT NO. 1 TO THE AGREEMENT/WIFI SERVICES/DELRAY BEACH WI-FI, INC.: Consider approval of Amendment No. 1 to the Wireless Broadband Agreement between the City and Delray Beach WI-FI, Inc.; and Consent to Assignment with a-Path Communications of Delray Beach, Inc. regarding the Wi-Fi system throughout the entire City or provide direction regarding termination of the agreement. B. AGREEMENT/ATC INTERNATIONAL, INC.: Consider approval of an agreement between the City and ATC International, Inc. for the construction and installation of eleven (11) retractable towers at various points throughout the City. Funding is available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims). C. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT AND MEMORANDUM OF UNDERSTANDING/SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU)/FLORIDA PUBLIC SERVICES UNION, CTW, CLC: Approve and ratify the Collective Bargaining Agreement and Memorandum of Understanding between the City and the Service Employees International Union (SEIU)/Florida Public Services Union, CTW, CLC [formerly National Conference of Firemen and Oilers (NCF&O~], for a three ~) vear period from October 1, 2007 through September 30, 2010. D. CHANGE TO CITY'S GROUP BENEFITS BROKER: Consider approval to change the City's Group Benefits Broker from the Gehring Group to Benefit Management Group (BMG~, a division of Gallagher Benefit Services. E. HISTORICAL MARKER/SR AlA: Consider approval of the placement of a historical marker on the east side of SR AlA at the intersection of Bay Street and SR AlA. F. APPOINTMENTS TO THE BOARD OF AD.TUSTMENT: Appoint two ~) regular members and two ~) alternate members to the Board of Adjustment to serve two ~) vear terms ending August 31, 2009. Based upon the rotation system, the appointments will be made by Commissioner Montague (Seat #4~, Mayor Ellis (Seat #5~, Commissioner Eliopoulos (Seat #1~, and Commissioner McDuffie (Seat #3). G. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one ~) alternate member to the Civil Service Board to serve an unexpired term ending .Tuly 1, 2008. Based upon the rotation svstem, the appointment will be made by Commissioner Eliopoulos (Seat #1). H. APPOINTMENT TO THE KIDS AND COPS COMMITTEE: Appoint one ~) At Large Representative to the Kids and Cops Committee to serve a partial term ending on November 30, 2009. Based upon the rotation system, the appointment will be made by Commissioner McDuffie Seat #3 . L APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one ~) regular member from Zone 5 to the Neighborhood Advisory Council to serve an unexpired term ending October 31, 2008. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). 10. PUBLIC HEARINGS: A. RESOLUTION NO. 03-08/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/COMMUNITY REDEVELOPMENT AGENCY/TRI-PARTY INTERLOCAL AGREEMENT: Consider approval of Resolution No. 03-08 authorizing the City to sell certain real property located behind the Old Delray Beach Library, for the redevelopment of the old library site, and approve a Tri-Party and Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) which will allow the transfer/sale of Lots 14, 15, 16, 17 and 18 of Block 101 to the CRA to facilitate the ultimate transfer by the CRA of the entire old library site to the Developer selected by the CRA for redevelopment of the site. B. PURCHASE AND SALE AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA) AND DEVELOPER: Consider approval of the Purchase and Sale agreement between the Community Redevelopment Agency (CRA) and the Developer in the amount of $3,000,000.00 for the redevelopment of the entire old library site, with the City as a third party beneficiary. C. DELRAY BEACHCHAMBER OF COMMERCE RELOCATION AND PUBLIC PARKING AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA) Consider approval of the Relocation and Public Parking Space Agreement between the City, the Community Redevelopment Agency (CRA) and the Delray Beach Chamber of Commerce for the relocation of the Chamber of Commerce to the Old School Square Parking Garage. D.ORDINANCE NO. 31-07 (SECOND READING/SECOND PUBLIC HEARING): Privately initiated amendment to the Land Development Regulations (LDR) amending Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(B~ "Principal Uses and Structures", to include an additional property that is allowed the permitted uses of the Central Business District (CBD) Zoning District, amending Subsection 4.4.240, "Development Standards", to include an additional property in the Old School Square Historic Arts District (OSSHAD) that is subject to the standards of the Central Business District (CBD) Zoning District. (THE APPLICANT HAS REQUESTED POSTPONEMENT UNTIL MAY 6, 2008 REGULAR COMMISSION MEETING) E. ORDINANCE NO. 02-08: City initiated amendment to the Land Development Regulations (LDR) Sections 4.4.13(C) and 4.6.90(4), to apply minimum property vacancy period requirements for mechanical parking lifts, in-lieu of parking fees, and public parking fees for in-fill developments within the Central Business District (CBD) and also to Appendix "A", Definitions, to amend the definition of In-Fill Development. F. ORDINANCE NO. 05-08: Consideration of a rezoning from Special Activities District (SAD) to Open Space and Recreation (OSR) fora 0.72 acre City owned parcel, located east of the recently approved Midtown Delray mixed-use development (f.k.a. Bloods Hammock Grove) and west of Orchard View Park. G. ORDINANCE NO. 07-08: City initiated amendment to the Land Development Regulations (LDR) Section 2.4.3, "Submission Requirements", Subsection 2.4.3(K~, "Fees", Subsection 2.4.3(K~(1), "Development Applications", to provide for an increase in certain development application fees. H. ORDINANCE NO. 10-08: An ordinance creating Chapter 94, "Municipal Cemetery", of the Code of Ordinances by enacting Section 94.01, "Authority", to provide for rules and fees for the municipal cemetery. L RESOLUTION NO. 06-08: Consider approval of Resolution No. 06-08 adopting the rules, regulations and fees for the Delray Beach Memorial Gardens Municipal Cemetery 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquires. B. From the Public. 12. FIRST READINGS: A. NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission ANNUAL CITIZEN'S ROUNDTABLE JANUARY 30, 2008 The Annual Citizen's Roundtable Meeting of the CitS~ Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Crest Theatre at Old School Square at 7:00 p.m., on Wednesday, January 30, 2008. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Brenda B. Montague Mayor Rita Ellis Also present were - David T. Harden, City Manager Susan Ruby, City Attorney Chevelle D. Nubin, CitS~ Clerk Mayor Ellis called the meeting to order and welcomed the public. He introduced City staff and gave a brief speech regarding government and the new format for the meeting. ROUNDTABLE AGENDA 1. Land Use Issues and Trends -Comprehensive Plan Report -Paul Zacks, Planning and Zoning Board Chairperson Paul Zacks, Chairman of the Planning and Zoning Board and fellow board members: Joe Pike, Deborah Dowd, John Miller, Francisco Perez-Azua and Chuck Halberg were present. Mr. Zacks presented the Planning and Zoning Board's annual report and stated the goals of the board and the Planning and Zoning Department are to implement the objectives, goals and policies of the Comprehensive Plan. He stated the plan was created through the collected input of the citizens and contains the communities' priorities. The board reviews proposals for new development to insure that they are consistent with the CitS~'s goals and objectives; and also reviews updates to the Comprehensive Plan to make sure that it is keeping pace with the changes in the City. Two major amendments to the Comprehensive Plan were adopted in 2007 which included initiatives for redevelopment of the Congress Avenue Corridor and the Four Corners area, additional opportunities for the provision of Workforce Housing in the City and expansion of the Central Business District northward to George Bush Boulevard. Mr. Zacks stated this has been a dynamic and exciting year for the City and significant progress has been made towards achieving the goals and objectives outlined in Comprehensive Plan. He gave an overview of the projects that were accomplished; and those projects planned for 2008. 2. Communit<~ Redevelopment Agency Status Report -Frank Wheat. CRA Chairperson Frank Wheat, Chairman of the Community Redevelopment Agency (CRA) Board, thanked the public for being in attendance. In addition, he recognized the members of the CRA Board and the CRA staff. Mr. Wheat stated it was an exciting year of progress, so many exciting things happened in 2007, and the CRA is excited about sharing them. Regarding the 2007 Year-in-Review, he stated it was a challenging year for the CRA. With a total budget of just over X14.2 million for Fiscal Year 2007, the CRA continue to focus on development and beautification projects identified in the Community Redevelopment Plan and the Downtown Master Plan; as well as those included in neighborhood and area plans. A great deal of emphasis was placed on affordable and workforce housing initiatives; as well as aiding businesses and community organizations with funding assistance. He reviewed the major accomplishments of the Community Redevelopment Agency for 2007 and discussed the goals (projects) for 2008. 3. State of the City Report -David T. Harden_ City Manager David T. Harden, City Manager, thanked the public for being in attendance and stated before the roundtable discussion, he wants to review the City's vision, 2007 accomplishments and some future plans. The vision 15 years from now as developed by successive Commissions remains that Delray Beach will be a charming village by the sea, with a great world class beach, a vibrant downtown, a community of quality neighborhoods and schools, recreational and cultural opportunities abound, people embrace cultural diversity, and the city government provides exceptional city services. The Commission set goals for 2012 and targets for the next year. Our previous goals were reaffirmed but reprioritized. He listed the 2012 goals. In addition, he informed the public that they can inquire about or make utility payments online, apply for building permits, schedule and track construction inspections over the Internet or by interactive voice response. The city's Code of Ordinances and Land Development Regulations are available online as well as City Commission minutes, agendas, and backup materials. He stated the public may subscribe to have these documents emailed to them. In addition, Mr. Harden discussed the 2007 budget in reference to the tax mandates placed on local governments by the state and its impact on the City, goals and various accomplishments in detail along with upcoming 2008 goals and projects. 4. Annual Citizen's Roundtable & Infrastructure Public Hearing The Annual Citizen's Roundtable & Infrastructure Public Hearing was held in the Old School Square Gymnasium. The participants were presented with four questions regarding major issues in the city, suggestions to help improve issues in the city, infrastructure and ways to deliver city programs and services. The responses are attached hereto and made an official part of the record. 2 JANUARY 30, 2008 Mayor Ellis adjourned the Roundtable at 10:00 p.m. CitS~ Clerk ATTEST: MAYOR The undersigned is the CitS~ Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the CitS~ Commission held on Tuesday, January 30, 2008, which Minutes were formally approved and adopted by the City Commission on CitS~ Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 3 JANUARY 30, 2008 1. Identify and list major issues facing the City and select the top five most important issues (as determined by each table). The top five issues will be reported to the main group. (Please note that there are issues affecting the City that the City does not control, but feel free to include these on the list) (10 minutes) Table 1 Question 1) Table 2 Question 1) • Budgets Cuts • Tax Cuts/Living with reduced revenues • Crime • Economic Sustainability • Economy -Small businesses • Job creation • Litter/Stalled Development & Vacant Lots • Crime/Perception • Attracting High Paying Jobs • Water Consumption/concurrency for new development Table 3 Question 1) Table 4 Question 1) • Crime/Escalation • Reduction in revenue • Too much focus on downtown; not enough • Rights of pedestrians/Bicyclist safety focus on other areas • Crime • Increased density and how to handle traffic • Blending different segments of the community flow • Code enforcement of vacant properties • Traffic in residential neighborhoods • Noise on East Atlantic Avenue Table 5 Question 1) Table 6 Question 1) • Development -Overdone • Recycle construction demolition debris • Water Management • Expand shuttle routes • Create aclothing-optional beach • Economic Growth/sustainability • Attracting small business • Improve pedestrian circulation • Traffic slow on East Atlantic & George Bush • Increase police surveillance Boulevard -Site Distance Visibilit Table 7 Question 1) Table 8 Question 1) • Public Safety/Crime • Public Safety • Population Growth/Growth Management • Response to tax cuts • Change parking meters/problem parking @ • Encouragement to develop distribution reclaim beach water • Schools/Education • Affordable housing • Recove communities -transient • Code Enforcement Table 11 • Bring business to MROC (Congress Corridor) • Involve youth in community • How to deal with budget • Customers to West Atlantic Avenue (west of Swinton to I-95 • Crime -How to reduce 2. From the major issues identified in question 1 (from any of the tables), select one or two issues and provide suggestions of ways to help address the issue s) (10 minutes) Table 1 Question 2) Table 2 Question 2) Issue #1 -Crime Issue #1 -Tax Cuts • Encourage people to report crime -citizens • Charge for parking and businesses • Increase sales tax/promote retailers • Information on crime should be disseminated • Utilize more grants/monies as soon as possible/Crime reduction • Too much transients housing -taxing City services • Information disseminated on ways to create a safe environment • Cameras/technology -better tools for public safety officials Issue #2 -Better Jobs/High Paying Issue #2 -Economic Sustainability • Modernize/Technology enhancements • Promote Congress Avenue/4 Corners • Incentives -monetary/grants, quick permitting • West Atlantic Redevelopment/Pedestrian and land use approvals Friendly • Create a volunteer business recruitment board • Economic Business Recruiter/Randy • Partner with Business Development Council - Palm Beach County and Chamber • Focus on public relations as a "Green" city - create engine • Encourage Green Businesses • Partner/Court with university assets • Tar et and court the com anies we want Table 3 Question 2) Table 4 Question 2) Issue #1 -Crime Issue #1 -Code Enforcement • Train/Empower citizens to help deter crime - • Enforce restaurant sidewalk cafe/restaurant have neighbors keep eye on things restrictions (partition off tables and chairs) • Downtown residents association/Partner with • Enforcement of properly maintained vacant merchants lots • Neighborhood alert system • Rental property enforcement • Put Police Department service to help initiate • Shopping carts left in neighborhoods neighborhood watches in water bills and • Increasing aggressiveness of code enforcement Hometown Connection • Zoning violations/Q-Alert -need code officer contact on weekends Table 5 Question 2) Table 6 Question 2) Issue #1 -Clothing Optional Beach Issue #1 -Recycling • European/Family style • Private companies will pay City Franchise fees to recycle • South of Beach Access Road • South of George Bush Boulevard -1/8 mile - North end of public beach • Designated signage • Educate City on benefits (economic) Issue #2 -Traffic Issue #2 -Green Development • US 1/Dixie intersection • Attract manufacturer of green products/services • Dangerous sites -identify • LEED certification • Survey citizens critical locations (hot spots) • MROC District -Green Zone • Police statistics • Pedestrian friendly alternatives • Blinkin Li hts later -education Table 7 (Question 2) Table 8 (Question 2) Issue #1 -Redevelopment Issue #1 -Reclaimed Water • Movie Theater and other upscale facilities west • Water conservation encouragement of Swinton • Crime watch especially in neighborhoods Issue #2 -Water Issue #2 -Public Safety • Save water by restaurants not providing except • Video cameras in all parking garages upon request • Current statistics on website -three day maximum for neighborhood police reports Table 11 Question 2) Issue # 1 -Budget • Assess essential services vs. non-essential services • Attract new business -identify responsible party to do this • Involve City Commission more -provide incentives • Cut costs -events, personnel • Involve more volunteers • Offer business and builder/developer incentives Issue #2 -Crime • Increase visibility of police 3. Infrastructure questions (15 minutes total) a). Are there any infrastructure deficiencies in your neighborhood or at your business location within the City that you would like to have addressed? These would include, but not be limited to, sidewalks, drainage issues, sewer or water main related items, street lighting, street repairs, street resurfacing, public street signage etc. b). Are there any infrastructure deficiencies or needs you are aware of elsewhere in the City? Table 1 (Question 3) Table 2 (Question 3) a). Infrastructure deficiencies -business/neighborhood a). Infrastructure deficiencies -business/neighborhood • Lighting -North and South of Atlantic and • Lighting on West Atlantic Avenue (Swinton/I- alleyways -universal lighting code 95) • Sidewalks need to connect • Sidewalks • Litter receptacles/recycling • Shared drainage for Congress Avenue Corridor • Lack of city landscaping maintenance • Streets/Southwest neighborhood • Reporting method for problems • Unpaved alley -Southwest neighborhood • Make developers/maintain vacant lots • Traffic signals -One way pairs • Need better/more comfortable, more attractive • Lift station upgrades for new benches everywhere development/generator back-ups b). Infrastructure deficiencies -elsewhere in City b). Infrastructure deficiencies -elsewhere in City • Bicycle Lanes -East and West • Sidewalk In-Lieu fee • Make "Green" city infrastructure • Sidewalk master plan Table 3 Question 3) Table 4 Question 3) a). Infrastructure deficiencies -business/neighborhood a). Infrastructure deficiencies -business/neighborhood • Access road to Vinings • Bexley Park Traffic circle/Fenton Drive - traffic is making illegal turns in wrong lanes • Traffic calming on Lindell -delayed implementation of engineering plan for Lindell • Pedestrian Crossing along A-1-A (need to reduce j aywalking) • Tropic Isle -need sidewalk along w/s Federal Highway to allow access to mall • Sidewalks needed for Spanish Trail • East Atlantic needs defined pedestrian crossings b). Infrastructure deficiencies -elsewhere in City b). Infrastructure deficiencies -elsewhere in City • Congestion (lack of signal toning) around • Identify crosswalks on A-1-A USl/Linton/Dixie Boulevard • Seacrest needs resurfacing • No window access to George Bush Boulevard • Continue NW/SW neighborhood infrastructure when Intracoastal Waterway Bridge is open improvements and St. Vincent Ferrer empties out • Neighborhood entrance barriers narrowing • Need to reclaim water (gray water) • Pedestrian Friendly West Atlantic • Bike path needed on Old Dixie Highway • Geometry/Lack of Alignment -Linton, Dixie Hi hwa and US 1. Table 5 Question 3) Table 6 Question 3) a). Infrastructure deficiencies -business/neighborhood a). Infrastructure deficiencies -business/neighborhood • Swinton Avenue swale not being irrigated - • Xeriscape usage even though resident is assessed • More reclaimed water • Palm Trail -flooding and vacant building sites • More dog parks (create a nuisance & visual blight for long • More sidewalks/swale/apron improvements periods of time) • Traffic calming • Beach Access Erosion • Lack of parking at the beach b). Infrastructure deficiencies -elsewhere in City b). Infrastructure deficiencies -elsewhere in City • Drainage -Citywide • Drainage in neighborhoods - Rainberry Woods • Public restrooms at the beach • Water fountains at the beach • ADA Compliance/beach area Table 7 Question 3) Table 8 Question 3) a). Infrastructure deficiencies -business/neighborhood a). Infrastructure deficiencies -business/neighborhood • Lighting on East Atlantic Avenue -dull, • Water pressure (Tropic Isle and Tropic Bay) discolored (near Rustica) -too dark at night • Pot Holes (Tropic Isle) • Railroad tracks @ Lake Ida just east of • Not enough street lights Congress -bad! Same with Atlantic tracks. • Westbound on East Atlantic Avenue west of Intracoastal bridge not safe (2 lanes to 1 lane) • Eastbound Atlantic Avenue just west of Swinton - 2 lanes to 1 lane not safe • Barwick Road school traffic b). Infrastructure deficiencies -elsewhere in City b). Infrastructure deficiencies -elsewhere in City • Atlantic Avenue -traffic lights that are for • Street light dim physically challenged (bells, countdown • Timed traffic signals numbers, etc.) • Not enough restroom by beach (facelift for • Barwick Park @ dark -not safe @ twilight. restroom that are there) Groups hanging out, etc. • Extend beautification • West of I-95 on Atlantic Avenue • Add crosswalks -Atlantic Avenue west of Swinton and crossed Old School Square Table 11 (Question 31 a). Infrastructure deficiencies -business/neighborhood • North Federal Highway - signage for traffic (Knowles Park) • Pavers -cleaner - Starbucks • Atlantic Businesses need to paint b). Infrastructure deficiencies -elsewhere in City • Atlantic to Swinton (west) no left turn coming east - "No Truck Signs" • Brick pavers - 2nd street -level them • Railroad Crossings -make smoother and no "whistles" • Signage and grand opening for parking garages 4. Provide suggestions for: a). Programs, services, or topics you would like to see additional information communicated about. b). Improving City programs and services. c). How the City could provide services for less cost. d). What services could be cut back or eliminated. (15 minutes total -respond to all parts) Table 1 Question 4) Table 2 Question 4) • High speed network between government, • How to access existing information business and residents -communications • Get better utilization of parking garage • Information on budget history - in summary • More input at meetings/like the Roundtable for last several years • Green programs/recycling • Want to learn about other entities i.e. CRA, • Pay to ride shuttle service CLT, TED Center, etc. • Reduction in brochures • Communication regarding all boards -includes • Business sponsorship of events minutes for CRA and DDA • Promote more volunteers • Need to privatize landscaping/maintenance • Paid turtle monitoring • Get corporate sponsorships • Reduce overtime in Fire Department • Remote water meter reading • Allow staff • Remote FPL meter reading • Technology enhancements in building department permitting • Identify revenue sources • Make events pay all costs • Municipal provision of Internet services • Privatize free shuttle Table 3 Question 4) Table 4 Question 4) • Tailored information on specific • More information on volunteer programs neighborhoods, directed only to those specific including "Paint-Up Delray" residents • Permanent electronic signage @ Tennis Center • Night at the library to educate residents on city to inform public of special events website and how to navigate • Increase electronic services • How to get folks involved who otherwise do • Consider contracting certain services, i.e. not participate in civic issues special event support services • New resident handbook • Eliminate shuttle bus • More police patrols late night (12 am - 4 am) • Parking garage changes • Seven day code enforcement • Charge for non-resident parking • More regulation of rehabilitation facilities • More signage/information of roundabout • Get more corporate sponsors • More water reclamation • More for environment (Green) • Cut summer programs when disproportionate population Table 5 Question 4) Table 6 Question 4) • Use pay TV for customer service • Pretty good already announcements • Young adult activities • Free Theatre/Art programs (cultural arts) • Recycling efforts for construction waste • Continue Palm Tran route down A-1-A • Green initiatives (communication needs) • Intellectual recreation programs • Creating a clothing optional section/beach • Finish projects in a timely basis • Better training for volunteer parking tickets • More program choice for all ages staff (rude, inconsiderate) -better recruitment • Cut down energy costs and selection • Hybrid vehicles -sub contract • More volunteers (trained) • Outsource • Use community service offenders for some • Encourage local contractors services • Create a "beach ambassador" programs inform customers on rules, etc. • Stop harassing residents for victimless issues/violations • Staff pay cuts (no raises) • Park and Recreation maintenance staff - eliminate waste/increase roductivit Table 7 Question 4) Table 8 Question 4) • Crime watch and Police Department Volunteer • Live Commission meeting on cable Programs, especially to younger communities • Public information on growth • More about Hometown Connection • More user friendly website • Parks and Recreation Programs -workout • Roundabout stop/drops increased activities, recreation opportunities in Delray, • Code enforcement especially in evening for working people • City contract executed within a set time line • Promote website stronger; coming off of I-95 • Mandatory recycling for Delray citizens • Signs/flags i.e. Jazz on Avenue further out into • Hybrid cars communities • Volunteers to help out • Programs are good -need programs for • Improve Data processing working citizens after 6:00 p.m. • Partnerships with businesses • Use website instead of hard copy letters, use e- mail • Sign up with city with email address about advance notice re: events -1 weekly email with all events in the City • Sponsorship i.e. habitat for Jazz on Avenue - combine social service aspect with these activities • Eliminate parking chalk officer (people avoid area) -stiff Table 11 (Question 4) • Additional information on services • Live Webcast of Planning and Zoning, Historic Preservation and Site Plan and Review Board meetings • Put questions about Roundtable on the web in advance • Improve services -trash pickup for recycle, bulk and household on one day • Use more volunteers • Open up contract for construction dumpsters - roll-offs • Park maintenance • Contract out services • Keep Blue Ribbon task force • Eliminate one day a week household trash FEBRUARY 5, 2008 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:03 p.m., Tuesday, February 5, 2008. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred Fetzer Commissioner Woodie McDuffie Commissioner Brenda Montague Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Nancy Norman with Unity Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Eliopoulos requested that Item 8.D., Contract Addition (C.O. No. 1)BSA Corporation/City Hall Interior Renovations Proiect/IT Remote Building Proiect, be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. Mayor Ellis stated there is a Board Order on the dais for Item 9.F., Appeal of Waiver DenialBru's Room. Mr. McDuffie stated staff requested that Item 7.B., "Spotlight on Education" - Mariorie Waldo, Principal, Delray Youth Vocational Charter School be removed from the Agenda. Mr. McDuffie moved to approve the Agenda as amended, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Fetzer moved to approve the Minutes of the Regular Meeting of January 3, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mrs. Montague moved to approve the Minutes of the Regular Meeting of January 15, 2008, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mr. McDuffie moved to approve the Minutes of the Special Meeting of January 22, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to approve the Minutes of the Special Meeting of January 23, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague - Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Recognizing and Commending the Delray Rocks Football and Cheerleading Squads Mayor Ellis read and presented a proclamation to Ben Leonard hereby proclaiming the Delray Rocks Football and Cheerleaders participants to be "Champions Among Champions and Ambassadors of Good Will and Sportsmanship for the City of Delray Beach, Florida". Mr. Leonard came forward to accept the proclamation and gave a few brief comments. 6.B. The Arc of Palm Beach County 50t'' Anniversary -February 7, 2008 Mayor Ellis stated she will be attending a luncheon and read this proclamation to the Arc of Palm Beach County at that time. Therefore, Mayor Ellis noted that the proclamation will be mailed. 7.A. PRESENTATIONS: 7.A. "Spotlight on Neighborhoods" - Joseph Kamarata, Chair of Neighborhood Advisory Council Joseph Kamarata, Chair Neighborhood Advisory Council (NAC), stated their slogan is improving Delray Beach neighborhood by neighborhood and their mission is enhancing the quality of life in Delray Beach by educating, assisting and -2- 02/05/08 communicating with community associations to improve their neighborhoods with the aid of available city services and resources. He stated NAC was formed in October 2003 as a liaison body to our City Commissioners the NAC has been conducting monthly meetings on the third Monday in the City Hall First Floor Conference Room at 5:30 p.m. for the past year. Mr. Kamarata stated 15 volunteers and members of the NAC appointed by the City Commission have been busy getting to know the neighborhoods and what they can do to help improve our neighborhoods. He stated with the support of City staff members NAC has accomplished a full agenda of goals in its third year. He stated at NAC meetings they heard several presentations from several neighborhood representatives each with different desires and priorities for improvements. One of NAC's top priorities is to help with communication and in order to be better communicators, it is to clearly understand the programs and policies in place at the City. Mr. Kamarata stated nine presentations were given to NAC including traffic calming policies and procedures, landscape beautification, the Community Land Trust (CLT), Litter Prevention, Delray Beach Housing Authority, the Neighborhood Resource Center, Prosperity Center, Coalition for Community Renewal, and they hosted a citizen participation process for Federal and State grant programs. He stated for the third year in a row NAC hosted a potluck dinner for Rainbow Homes and Windycreek. Mr. Kamarata stated the NAC recently awarded three neighborhood pride grants at $6,000.00 each for improvements to their neighborhoods. The grants were awarded to Paradise Heights, Woods of Southridge and Delray Estates. Mr. Kamarata stated NAC is looking forward to working with Jennifer Costello, the new Neighborhood Planner. He stated one of the goals this year is to help develop and promote workshops at the Neighborhood Resource Center which would include a homeowner's association leadership series among others. This spring NAC will be launching another annual round of Neighborhood Pride Grants, looking forward to their Annual Association President's Dinner and the neighborhood bus tours. Mr. Kamarata invited everyone to attend one of NAC's meetings and they welcome neighborhood presentations. He recognized Janet Meeks, Education Coordinator, for being such a great mentor. Mayor Ellis stated NAC is a big asset to the community and the Commission appreciates all of its efforts. 7.B. "Spotlight on Education" - Mariorie Waldo, Principal, Delrav Youth Vocational Charter School This item has been removed from the Agenda per staff request. 7.C. Zion Study Circle Map Proiect -Susan Ruby Shelly Weil, 925 Greensward Lane, Delrav Beach (Proiect Chair of the Zion Study Circle Map Proiect), stated they initiated a series of study circles when former Mayor Perlman was here. He stated there were three groups and the Zion Study Circle was one of the three groups and it was series of nine weeks for the purpose of continuing with R.A.C.E. Relations in the City of Delray Beach. He stated it started by an organization called "Toward a More Perfect Union" for enhancing R.A.C.E. Relations. Mr. Weil stated their first meeting was August 24, 2006 at St. Paul's Episcopal Church -3- 02/05/08 and at that time there were 12 members. Mr. Weil stated even though the session had ended the group decided to stay together and the City approved of their first mission on March 20th. The topic was discrepancies in the literature and films regarding improper history of Delray Beach. At that time, the City Commission approved of the changes and the changes were made and thanked Lori and Charlotte Durante for their assistance. Mr. Weil recognized the members of the Zion Study Circle. Susan Ruby, City Attorney, stated that the early history was undertaken in collaboration with the Delray Beach Historical Society and the Spady Museum. She stated also with them this evening as part of their new project is Daisy Fulton on behalf of the Spady Museum and also EPOCH. The City Attorney also recognized Dottie Patterson of the Delray Beach Historical Society. Mr. Weil stated the first Post Office in Delray Beach was actually called Zion which means "a special place of Utopia" and thus how the study circle came up with their name. Mr. Weil briefly discussed their new map project and stated this project was done to determine of the 65,000 people in Delray Beach where everyone came from. He stated the Zion Study Circle will be talking to people and on a voluntary basis people will be asked to give their name and where they were born. He stated it will then be posted on the map and they will keep the map updated every month. Mr. Weil stated at the top of the map will be the phrase "A World of Diversity and the City of Harmony". Mr. Weil stated besides the map they talked about having a shelf under it with some pictures and some history of Delray Beach and if they do not catch everyone in all the ways they can there will be a little roster in front of the big map, each person can fill out a form and drop it in the box and each person will be added. Mr. Weil stated they are hopeful to get the funds to complete the project. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. 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 Quarterly Annual Meeting of January 17, 2008. 8.B. REQUEST FOR SIDEWALK DEFERRAL/302 VENETIAN DRIVE: Approve a request to defer the installation of a sidewalk in front of 302 Venetian Drive. 8.C. REQUEST FOR SIDEWALK DEFERRAL/333 PALM TRAIL: Approve a request to defer the installation of a sidewalk in front of 333 Palm Trail. 8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. -4- 02/05/08 8.E. CONTRACT CLOSEOUT/FINAL PAYMENTBRIGGS GOLF CONSTRUCTION, INC.: Approve a Contract Closeout and final payment in the amount of $9,678.00 to Briggs Golf Construction, Inc. for completion of the Pompey Park Major League Field Sod Replacement Project. There are no changes to the original contract amount. 8.F. CONTRACT CLOSEOUT/FINAL PAYMENT/CHAZ EQUIPMENT COMPANY, INC.: Approve a Contract Closeout and final payment in the amount of $47,332.70 to Chaz Equipment Company, Inc. for completion of the S.E./N.E. 1st Street One Way Pair Project. Funding is available from 448-5461-538-65.88 (Storm Water Utility Fund/Other Improvements/SE/NE 1st St. One Way Pair) and 334-3162-541-65.88 (General Construction Fund/Capital Outlay/SE/NE 1st Street One Way Pair). 8.G. SERVICE AUTHORIZATION NO. 04-08.3/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 04-08.3 in the amount of $30,582.00 to Mathews Consulting, Inc. for performing construction administration; specialty, substantial, and final inspections; review of as-built drawings; and coordination of Lake Worth Drainage District (LWDD) and Palm Beach County (PBC) certifications for the Area 4 Reclaimed Water System Project. Funding is available from 441-5181- 536-65.96 (Water & Sewer Fund/Other Improvements/Reclaimed Water Transmission). 8.H. SERVICE AUTHORIZATION NO. 04-09/CH2M HILL, INC.: Approve Service Authorization No. 04-09 in the amount of $89,309.00 to CH2M Hill, Inc. for professional engineering services in the design of a new 40 foot diameter lime sludge thickener unit and associated civil site improvements required in accommodating this new unit. Funding is available from 441-5161-536-68.43 (Water & Sewer Fund/Improvements Other/Sludge Thickener). 8_I. CASH BOND/PALM BEACH COUNTY/AREA 4 RECLAIMED WATER SYSTEM PROJECT: Approve and authorize the execution of a Cash Bond Form and related funding in the amount of $99,017.00 with Palm Beach County for satisfying the County's permitting requirement on the Area 4 Reclaimed Water System Project. Funding is available from 441-5181-536-65.96 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission). 8.J. CONSTRUCTION CONTRACT/CHAZ EQUIPMENT COMPANY, INC./WEST ATLANTIC WATER MAIN PROJECT: Approve and authorize the execution of a construction contract in the amount of $309,110.00 for the West Atlantic Water Main Project. Funding is available from 441-5161-536-65.24 (Water/Sewer Fund/Other Improvements/W. Atlantic Avenue Phase III). 8.K AGREEMENTS/FLORIDA PUBLIC UTILITIES/FIRE STATION NO. 4: Approve the Improvement or Relocation of Existing Facilities Agreement and the Property Owner's Consent Form with Florida Public Utilities Company (FPUC) in the amount of $34,495.00 to allow the installation of a natural gas line to supply Fire Station No. 4 at the corner of Barwick and Lake Ida Road. -5- 02/05/08 8.L. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve an Interlocal Agreement between the City and Palm Beach County for the installation of the trombone mast arms at the intersection S.W. 2"d Avenue and West Atlantic Avenue. Palm Beach County will reimburse the City in the amount of $132,101.00 for the cost associated with this project. 8.M. US 1 CORRIDOR IMPLEMENTATION OF TEMPORARY MODIFICATION PROJECT/GULF INDUSTRIES, INC./CHAZ EQUIPMENT: Approve and authorize the purchase of temporary curbing in the amount of $125,169.00 to Gulf Industries, Inc.; and hire Chaz Equipment in the amount of $325,998.70 for the installation of the temporary improvements along S.E./N.E. 5th Avenue and S.E./N.E. 6th Avenue between S.E. 10th Street and George Bush Boulevard. Funding is available from 334-4141-572-65.99 (General Construction Fund/Capital Outlay/S.E./N.E. 5th & 6th Avenue/S.E. 4th) 8.N. INITIATION OF ANNEXATION/FAIR OAKS CENTER: Initiation of annexation, via the provisions of the executed water service agreements and consent to annexation, with initial zoning of Community Facilities (CF) of the Fair Oaks Center, located on the south side of Linton Boulevard, approximately 1,240 feet west of Military Trail. 8.0. CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENT/ DELRAY YOUTH VOCATIONAL CHARTER SCHOOL: Approve and authorize the execution of a funding agreement in the amount of $25,542.00 with sub-recipient, Delray Youth Vocational Charter School, under the Weed & Seed Program (now known as the Coalition for Community Renewal). Funding is available from 115-2126-521-83.01 (Special Projects Fund/Weed and Seed Grants/Other Grants/Aid). 8.P. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of the funding agreement with one (1) sub-recipient (Fair Housing Center of the Greater Palm Beaches, Inc.) under the Community Development Block Grant (CDBG) program for FY 2007-2008 Annual Action Plan, with the total funding in the amount of $5,000.00. Funding is available from 118-1966-554-82.12 (Community Development Fund/Aid to Private Organization/Fair Housing Center). 8~. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of the funding agreement with The Center for Technology, Enterprise and Development, Inc. (T.E.D. Center) under the Community Development Block Grant (CDBG) program for FY 2007-2008 in partnership with the Community Redevelopment Agency (CRA), with the total funding in the amount of $55,000.00. Funding is available from 118-1966-554- 83.01 (Community Development Fund/Other Grants and Aids). -6- 02/05/08 8.R. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve one (1) Housing Rehabilitation grant/contract award through the Community Development Division in the amount of $22,855.35 to Brian Rega, Inc. (313 N.W. 4th Avenue). Funding is available from 118-1963-554-49.19 (Community Development Fund/Housing Rehabilitation). 8.5. MODIFICATION/2006-2007 STATE HOMELAND SECURITY GRANT PROGRAM SUB-RECIPIENT AGREEMENT/FLORIDA DEPARTMENT OF FINANCIAL SERVICES: Approve a request to authorize a Modification of the 2006 - 2007 State Homeland Security Grant Program Sub-Recipient Agreement, Office of Domestic Preparedness through the State of Florida, Department of Financial Services Division. The Modification is to extend the grant expiration period from January 31, 2008 to May 31, 2008. 8.T. SPECIAL EVENT REQUEST/FASHION SHOW: Approve a special event request to allow a Fashion Show sponsored by the Downtown Marketing Cooperative, to be held on March 7, 2008 from 7:00 p.m. to approximately 9:00 p.m., to grant a temporary use permit per LDR Section 2.4.6.(F) for the closure of Atlantic Avenue between N.E./S.E. 5th Avenue and N.E./S.E. 6th Avenue from approximately 4:00 p.m. to 10:00 p.m., and to provide staff assistance for security, traffic control and barricading; contingent upon receipt of a certificate of general liability insurance. 8.U. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 14, 2008 through February 1, 2008. 8.V. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Atlantic Refrigeration Corporation in the amount of $16,097.00 for the emergency replacement of an air conditioning unit at the Police Department Holding Facility. Funding is available from 334-6112-519-46.10 (General Construction Fund/Repair & Maintenance ServicesBuilding Maintenance). 2. Contract award to JCI Jade Communications, Inc. in the amount of $18,570.55 for the installation of telephone and data communication (low voltage wiring) for the Pompey Park Community Center Improvements Project. Funding is available from 380-4150-572-62.61 (2004 G.O. Bond/Buildings/Pompey Park-Expansion). 3. Bid Award to Expertech Network in the amount of $1,384,333.34 for construction of the Area 4 Reclaimed Water System Project. Funding is available from 441-5181-536-65.96 (Water/Sewer Fund/Other Improvement/Reclaimed Water Transmission). -7- 02/05/08 4. Bid award to Pro Courts in the amount of $19,987.00 for resurfacing seven (7) hard courts at the Delray Beach Tennis Center. Funding is available from 001-4215-575-46.90 (General Fund/Other Repair/Maintenance Costs). 5. Purchase award to Ti Training Corp in the amount $142,997.00 for a firearms simulator for the Police Department. Funding is available from 334-2111-521-64.90 (General Construction Fund/Other Machinery/Equipment). Mr. McDuffie moved to approve the Consent Agenda as amended, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. CONTRACT ADDITION (C.O. NO. 1)BSA CORPORATION/CITY HALL INTERIOR RENOVATIONS PROJECT/IT REMOTE BUILDING PROJECT: Approve Contract Addition (C.O. No. 1) in the amount of $684,783.00 to BSA Corporation for the City Hall Interior Renovation Phase I Project/Information Technology (IT) Remote Building Project. Funding is available from 334-6112-519- 62.85 (General Construction Fund/Capital Outlay/City Hall Exp-IT Building). Richard Hasko, Director of Environmental Services, stated this is to propose the award of the IT Building Construction as a Contract Addition to BSA Corporation for the North wing remodeling and trying to take advantage of economies for the current construction market. Staff asked for BSA proposals based on the plans that they had done for the IT Building. Mr. Hasko stated staff had them split it out a number of different ways because staff was initially working with the Royal Concrete Concepts firm for the modular structure. He stated as the numbers came in it was somewhat less expensive to do the turn key operation for the entire project. Mr. Hasko stated BSA Corporation came in for a total price of $684,783.00 for the turn key operation, construction of the building, the site work and the utility connections. Mr. Eliopoulos asked if David Miller revised the drawings to conventional construction or are these based on assumptions. In response, Mr. Hasko stated David Miller's drawings were for that type of construction from the inception and it was actually the people from RCC that had to take David Miller's drawings and take them to their in-house engineering staff to modify them for their process. Mr. McDuffie asked what we are actually housing. In response, Mr. Hasko stated this is for IT only. -8- 02/05/08 Mrs. Montague moved to approve the Contract Addition (C.O. No. 1) in the amount of $684,783.00 to BSA Corporation for the City Hall Interior Renovation Phase I Proj ect/Information Technology (IT) Remote Building Project, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.A. WAIVER REQUESTS/CONDITIONAL USE REQUEST/HUNTER CRANE: Consider a request for two (2) waivers and a conditional use request to allow the establishment of storage and rental of construction equipment that does not exceed 100 feet long, 14 feet wide and 15 feet high for Hunter Crane, located approximately 140 feet north of West Atlantic Avenue and west of Congress Avenue within the MIC (Mixed Industrial and Commercial) District. (Quasi-Judicial Hearing) Mayor Ellis read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department project file #2008-076 into the record. Mr. Dorling stated this is a 5.61 acre site that was annexed into the City in 1988. He stated the site was occupied by Shaw Trucking for storage of their vehicles and in 2003 the operation ceased. Hunter Crane has been operating on the site without an occupational license. City records show that they were cited through the Code Enforcement process. Mr. Dorling stated they did come forward to process an LDR text amendment to add a category called "heavy construction equipment storage" to the MIC (Mixed Industrial and Commercial) district and this was approved by the City Commission on August 16, 2005. At this point, Mr. Dorling stated they are now coming in to establish the LDR change allotted only as a conditional use and then they will follow that up through the Site Plan Review and Appearance Board. The application involves a perimeter landscape buffer and some hardening of the soils in which they want to store the cranes. One of the conditions is that this really needs to be a crushed asphalt surface where the storage is taking place so that there is not a lot of dust associated with this use. The two waivers actually include a required berm which was to be six feet in height and they have proposed three feet in height. Mr. Dorling stated there is some additional area that is required by the Lake Worth Drainage District so they had some constraints along the west property line. He stated they are proposing the three foot high berm but they are providing increased height of plant material to achieve the same buffer from the school which is directly to the west. The -9- 02/05/08 second waiver involves a relief from the required ten foot landscape perimeter buffer in an area of 90 feet. At its meeting of January 28, 2008, the Planning and Zoning Board recommended approval of the conditional use with a 5 to 0 vote subject to the following four conditions: (1) the area where the cranes are going to be stored is a crushed asphalt to reduce dust to a minimum, (2) that the approved site plan be submitted consistent with the Master Plan, (3) that a note be placed on the plan that the equipment shall not exceed the heights and widths that are in the Code, and (4) that all cranes be stored in a down position. David Hawke, Hawke & Associates (Architects), 121 Heather Lane, Delrav Beach, FL (Representing Hunter Crane a/Wa Delrav Land Holdings, LLC), stated this site was owned by Shaw Trucking for the past 20 plus years and the site was used for a dumping ground for concrete, concrete spoils, asphalt and commercial building components along the Lake Worth Drainage end of the property and the western boundary. He stated his client has purchased additional parcels besides the main four acre parcels. Mr. Hawke stated his firm was hired with other design professionals to get their arms around the problem and meet the intent of the LDR requirements. He stated the Planning and Zoning Board, Jasmin Allen and Paul Dorling have been working with them to come up with what they deem as appropriate waivers. NIr. Hawke stated the hold-up is that Hunter Crane could not get an occupational license because the site fell short of the land development code and did not have the perimeter landscaping and the amount of dust control and the number of parking spaces. He stated his client would have paid for the occupational license but could not until he came into compliance. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order (approving the waivers and the conditional use request) as presented, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; NIr. Eliopoulos -Yes; Mr. Fetzer -Yes; NIr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.B. WAIVER REQUEST/COMMUNITY LAND TRUST, INC.: Consider a request for waiver of Land Development Regulations (LDR) Section 4.1.4(D), "Use of Lots of Record," and Section 4.7.12, "Other Incentives", governing the use of non- conforming lots under the Workforce Housing Ordinance for one (1) 45.20 feet wide lot submitted for permitting by Habitat for Humanity in partnership with the Community Land Trust, Inc. The property is located at 303 S.W. 2"d Street. (Quasi-Judicial Hearing) -10- 02/05/08 Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Lula Butler, Director of Community Improvement, stated the item before the Commission is a waiver to Section 4.1.4(D) and 4.7.12 of incentives governing the use of non-conforming lots under the workforce ordinance for one lot that is 45.2 feet wide submitted for permitting by Habitat for Humanities in partnership with the Community Land Trust (CLT). The property address is 303 S.W. 2"d Street. Mrs. Butler stated the workforce ordinance adopted in 2006 requires certain types of units that need to be constructed and provides for certain design guidelines. She stated the house that has been submitted for permitting does not meet either of those and the CLT has determined the units that are designed specified within the ordinance do cost more than what the typical homeowner can afford. Mrs. Butler stated staff has been revisiting that section of the ordinance and will bring something back to the Commission so that staff will not have to bring the waivers to the Commission in the future. Mrs. Butler stated LDR Section 2.4.7(B)(5) allows the Commission to consider the waiver request with a finding of fact that the granting of relief does not diminish the practical application of the affected (requirement) and that by granting such relief a superior development product will result. Staff recommends that the City Commission waive Section 4.1.4(D) and Section 4.7.12 of the Land Development Regulations governing the use of non- conforming lots associated with workforce units with a finding of fact pursuant to Section 2.4.7(B)(5). Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. McDuffie moved to approve the Board Order as presented (approving the waivers) seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; NIr. Eliopoulos -Yes; NIr. Fetzer -Yes; NIr. McDuffie - Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 9.C. PUBLIC PARKING FEE SPACES/36 FIRST: Consider approval of a request from 36 First to purchase four (4) public parking fee spaces in the amount of $72,000.00 to accommodate the construction of a 2-story structure containing 5,355 square feet of office space, located at 36 S.E. 1st Avenue. (Quasi-Judicial Hearing) -11- 02/05/08 Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated 36 First is located at 36 S.E. 1st Avenue in the Old School Square Historic Arts District. Parking requirements for the Old School Square Historic Arts District are one space per 300 square feet of use. The development proposal is a 5,355 square foot office building which will require 18 parking spaces. The proposal is a two-story building and the first floor is going to have parking underneath the building and it is going to have 14 spaces including one ADA compliant handicapped space. The applicant is requesting the purchase of four (4) public parking fee spaces in accordance with LDR Section 4.6.9(E)(4) of the Land Development Regulations which is $18,000.00 per area for a total of $72,000.00. Mr. Aronson stated the Code has several stringent requirements one within 600 feet of a public parking facility and the site is located within 100 feet within the Federspiel Garage on S.E. 1st Avenue. No more than 25% of the required parking can be allocated to public parking fees and in this case it does not exceed that 25%. No more than 25% of the facility in its capacity can be sold at the Parking Fee Program (up to eight parking spaces). He stated only four parking spaces have been sold and that was for the Block 69 office building which is right next door to the proposed site. Mr. Aronson stated it also asks that where right-of--way exists that on-street parking be constructed. The proposal proposes one new constructed space in front of the development on S.E. 1st Avenue which will be used by the general public at all times not reserved for the use. Being that the spaces are office use, the spaces in the garage would be predominantly used in the daytime when there is more availability in the garage. Policy C-4.2 of the Delray Beach Comprehensive Plan supports the Downtown Delray Beach Master Plan which speaks of shared parking concepts and structured parking facilities and infill development. At its meeting of January 24, 2008, the Community Redevelopment Agency (CRA) recommended approval of the applicant's request; at its meeting of January 29, 2008, the Parking Management Advisory Board (PMAB) recommended approval of the applicant's request. Staff recommends approval of the request. Francisco Perez-Azua, Architect, stated he is present for any questions the Commission may have. There was no cross-examination or rebuttal. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the public parking fee spaces, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the public parking fee spaces, the public hearing was closed. -12- 02/05/08 The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mrs. Montague moved to adopt the Board Order as presented, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -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 Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 38-07 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendments to the Land Development Regulations (LDR) which intend to clarify the current regulations, provide parameters, and define compatible development within the City's five (5) historic districts and individually designated properties. The caption of Ordinance No. 38-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS", SUBSECTION 2.4.6(H), "CERTIFICATE OF APPROPRIATENESS FOR HISTORIC STRUCTURES, SITES, AND IN HISTORIC DISTRICTS", PROVIDING CLARIFICATION OF THE REQUIREMENTS AND PROCEDURES FOR OBTAINING A CERTIFICATE OF APPROPRIATENESS; AMENDING SECTION 3.2.4, "STANDARDS FOR SPECIFIC AREAS OR PURPOSES", SUBSECTION 3.2.4(E), "HISTORIC DISTRICTS AND SITES", PROVIDING FOR AND INCORPORATING THE DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES AND THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION; AMENDING SECTION 4.1.4, "USE OF LOTS OF RECORD", TO PROVIDE FOR VARIANCES; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION 4.3.3(Q), "GUEST COTTAGE", TO PROVIDE THAT HEIGHT SHALL NOT EXCEED THAT OF THE MAIN STRUCTURE IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTIONS 4.4.17(A), "PURPOSE AND INTENT", AND 4.4.17(G), -13- 02/05/08 "SUPPLEMENTAL DISTRICT REGULATIONS", PROVIDING PARKING REQUIREMENTS FOR CONVERSION OF RESIDENTIAL STRUCTURES INTO OFFICE USE IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTIONS 4.4.24(D), "CONDITIONAL USES AND STRUCTURES ALLOWED" AND 4.4.24(H), "SPECIAL DISTRICT REGULATIONS", CLARIFYING THAT PARKING LOTS NOT ASSOCIATED WITH A USE MUST BE PUBLIC AND CLARIFYING SPECIAL DISTRICT REGULATIONS; AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTIONS 4.51(B), "CRITERIA FOR DESIGNATION OF HISTORIC SITES OR DISTRICTS", 4.51(E), "DEVELOPMENT STANDARDS", AND 4.51(L), "DESIGNATION OF HISTORIC DISTRICTS", BY CLARIFYING THE APPLICATION OF DEVELOPMENT STANDARDS WITH RESPECT TO USE, ZONING DISTRICT AND HISTORIC CLASSIFICATION; AND AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE A NEW DEFINITION FOR "HARDSCAPE", AND TO PROVIDE AMENDED DEFINITIONS RELATED TO HISTORIC PRESERVATION; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 38-07 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 this is to clarify the intent of existing regulations and guidelines to objectively evaluate the compatibility of proposed new development in both historic and non-historic development within the five districts. On January 3, 2008, the Commission considered this on first reading and continued it with direction that the visible compatibility standards be amended to eliminate the lot coverage and the number of stories section of the Code. Mr. Dorling stated staff amended the Code and it came back to the Commission at the second meeting in January and the City Commission approved it on first reading. He stated this ordinance gives some regulatory tools to clearly define what is considered visually compatible and includes a few tools including mandatory off-sets in the front facades, a building height plane which provides the setting back of the second stories, requires off- sets on the side facades, and a definition of a "First Floor Maximum Height". It also includes two visual compatible incentives: (1) allows you to have a greater building -14- 02/05/08 height plane, allowing you to encroach if you provide certain features along the front of the building more particularly porches, balconies and overlooks and (2) allows an additional 25% to extend within this building height plane if you have at least 25% of the building allocated to be one-story. It also adds language that all development proposals are consistent with one architectural style. At its meeting of December 10, 2007, the Downtown Development Authority (DDA) reviewed the amendments and recommended approval; at its meeting of December 12, 2007, the West Atlantic Redevelopment Coalition (WARC) reviewed the amendments and recommended approval; at its meeting of December 13, 2007, the Community Redevelopment Agency (CRA) reviewed the amendments and recommended approval; at its meeting of December 3, 2007, the Planning and Zoning Board considered the amendments and continued the item. On December 17, 2007, the Planning and Zoning Board unanimously recommended approval (5 to 0) of Ordinance No. 38-07. At its meeting of December 6, 2007, the Historic Preservation Board (HPB) considered the amendments and continued the item. The Historic Preservation Board (HPB) recommended approval of the Ordinance by a 4 to 1 vote on December 19, 2007. Staff recommends approval. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 38-07, the public hearing was closed. Mr. Fetzer stated there was discussion of removing the 300 block out of the Marina District and asked the City Attorney where the City stands with this particular issue that is not covered by this ordinance. The City Attorney stated this is still being worked on. Mr. Fetzer stated the Commission had discussed possibly placing this issue on the Workshop Agenda. It was confirmed that this issue will be placed on the Workshop Agenda of February 12, 2008. Mr. McDuffie asked if there has been any progress made toward the grant procedure for the studies to be performed on the districts. In response, Mr. Dorling stated staff will not be hearing back until mid-February. Mr. Dorling stated staff has submitted the applications and they are in review. Mr. McDuffie reiterated his stance that he would very much like to see these studies and if they cannot get them done through the grant process, he would like to find some budget funds to get them done. Mrs. Montague stated as a follow-up to Commissioner McDuffie's comments, she asked if staff could make calls and find out if we can get some estimates for those dates because the budget discussions will be coming up very quickly. The City Manager stated we will do that out of this year's budget. Mr. Dorling stated those dates have been fixed. Mayor Ellis asked if this survey and the volunteers that have been doing this just involves the copying of documents related to those properties. Mr. Dorling stated for the majority of this it entails documenting the additions and the original -15- 02/05/08 construction date of the structures and taking pictures. He stated it is really just gathering data. Mayor Ellis asked for a reason as to why we want professionals to do that versus volunteers. Mr. Dorling stated there have been concerns expressed that the findings would be bias in one way or another. Mr. Dorling stated what the Commission has suggested is that we make the future person that will be doing the surveys aware that this data has been collected and if they feel it is not sufficient then they can ask for additional money to collect it or correct it or they can just accept the data and we would see the corresponding reduction in their bid. Mayor Ellis asked the Commission why they would not want to entertain the use of volunteers for the collection of this data. Mr. Eliopoulos stated he was assuming that the State has certain regulations that they look at when doing this type of a survey and the fact that you need more information than this building was done in 1936 but what style is it and how it is a contributing structure and a professional opinion is going to reinforce that. Mr. Dorling stated what the volunteers have done is collect the data that would then go to Ellen who is a historic preservation professional and she would analyze the data and put it through the state process. He stated Ellen works for a firm that collects the data and she is very familiar with the information that is necessary to come to her conclusions. Mr. McDuffie stated there have been numerous comments throughout this process that in many cases we have used professionals as we should have and involve them in the process. He stated it was his assumption to begin with that the surveys would be done by people who are professionals in the historic business and would be very well versed in doing the surveys. Mr. McDuffie stated he suggested that this be put out to bid and allow the professional people who do this to elect to accept or reject what has already been gathered. He stated the professionals will be able to tell if they meet the guidelines and will have to sign their names to it. Therefore, Mr. McDuffie stated it would be appropriate to give them the choice to accept or reject what has been gathered by laypersons. Mr. Eliopoulos stated if you review the minutes from the Planning and Zoning meetings and the Historic Preservation Board meetings, the biggest issue has been why the City has been consulting historic preservation planners throughout this process. He stated there was even some criticism that the City is only using local professionals and that we are not going to the preservationists that are planners. Mayor Ellis stated if the work that has been gathered is sufficient, and it appeared to her that it was just a collection of factual data. The Commission had talked about saving a significant amount of money. Mr. Fetzer stated Commissioner McDuffie's suggestion made a lot of sense in that we are not going to just throw the data away but that we are going to have a professional review that data and either accept it or reject it. Mr. Fetzer stated he feels -16- 02/05/08 this is a very good suggestion. Mayor Ellis stated she agrees but asked what if the data turns out to be perfectly acceptable would we not consider volunteers collecting the data any further. Mr. McDuffie stated if the City is going to retain someone he feels it would be their decision as to whether to accept it or rej ect it. Mayor Ellis asked if the data is proven to be sufficient would the City consider using volunteers to collect it and turn it over to someone we have hired to sign their name to it. Mr. McDuffie stated he does not think we are going to know that until we engage someone to look at it. Mr. Eliopoulos stated in his field they do have to review something before they are willing to take it and noted that there is some liability. Mayor Ellis stated this is something the Commission can consider at a later time. Mr. Eliopoulos moved to adopt Ordinance No. 38-07 on Second and FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 10.B. RESOLUTION NO. 03-08/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/COMMUNITY REDEVELOPMENT AGENCY/TRI-PARTY AND INTERLOCAL AGREEMENT: Consider approval of Resolution No. 03-08 authorizing the City to sell certain real property located behind the Old Delray Beach Library, for the development of the old library site; and approve a Contract for Sale and Purchase between the City and the Community Redevelopment Agency (CRA); and approve a Tri-Party and Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) which will allow the transfer/sale of Lots 14, 15, 16, 17 and 18 of Block 101 to the CRA to facilitate the ultimate transfer by the CRA of the entire old library site to the Developer selected by the CRA for development of the entire site. (THIS' ITEM IS POSTPONED DUE TO NEWSPAPER ERROR IN ADVERTISING) The caption of Resolution No. 03-08 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, LOCATED BEHIND THE OLD LIBRARY, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. -17- 02/05/08 office.) (The official copy of Resolution No. 03-08 is on file in the City Clerk's The City Attorney stated this is a resolution for adopting a contract for sale and purchase and a tri-party agreement for the old library site. Due to an advertising issue, the City Attorney suggested that the Commission postpone Resolution No. 03-08 to a date certain of February 19, 2008. Mr. Eliopoulos moved to postpone Resolution No. 03-08 to a date certain of February 19, 2008, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 04-08/CONTRACT FOR SALE AND PERTY/RICHARD LICASTRI CURRAN/126 N.W. 21V1 AVENUE - 136 N.W. 21~" AVENUE: Consider approval of Resolution No. 04-08 authorizing the City to purchase property located at 126 N.W. 2"d Avenue through 136 N.W. 2"d Avenue for future expansion of the municipal complex; and approve a Contract for Sale and Purchase between the City and Richard Licastri and Rosemary Curran in the amount of $675,000.00 for the property located at 126 N.W. 2"d Avenue through 136 N.W. 2"d Avenue. The caption of Resolution No. 04-08 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 04-08 is on file in the City Clerk's Brian Shutt, Assistant City Attorney, stated this resolution is for the purchase of 126-136 N.W. 2"d Avenue located behind City Hall. He stated there are approximately six duplex units and five of them have tenants in them and the City would be purchasing the property and allowing the tenants to stay in the property. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 04-08, the public hearing was closed. -18- 02/05/08 Mrs. Montague asked if the City is going to be inspecting the properties and making any upgrades that would be necessary for the tenants. The City Manager stated the City has inspected the properties and have determined what should be done to them. The City Manager stated there are six units and one is vacant. Two of the units are in worse shape than the other four. The City Manager stated he and Mrs. Butler discussed that as soon as we have a vacancy occur to keep those four units and demolish the one building with the two worse units in it. The City Manager stated in the meantime, the City will do what needs to be done minimally to keep it in a safe and secure condition. Mr. Eliopoulos inquired about whether an appraisal was done on this property. In response, the City Attorney stated the City did an appraisal of this property and the appraisal gave no value to the buildings but it was $650,000.00 and noted that there is some value to the buildings. Mrs. Montague moved to approve Resolution No. 04-08, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -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. With regard to Lois Brezinski's concerns about crime in her neighborhood, the City Manager stated she reported hearing gunshots on occasions within the last three weeks. The City's records reveal one call of gunshots which was received from Ms. Brezinski two weeks after she spoke at the City Commission Meeting. The City Manager stated the City has no other record of anyone calling to report that. There was a robbery three blocks from the residence on Christmas Eve and in that case the victims were approached by two of the suspects as they exited their vehicle and demanded their property. It appears the suspects followed the victims and approached them as they exited their vehicle and detectives are actively investigating this case. The City Manager stated Ms. Brezinski also raised a concern about an alarming number of break-ins and suspicious incidences. During the same time and location search there were no burglaries. There have been several thefts and suspicious incidences but no burglaries. With regard to the number of suspicious incidents, the City expects this number to be increased because people are encouraged to call when they see something suspicious in the community. The City has said this many times to residents and merchants and has emphasized it at association meetings and it has proven to lead to preventing and solving crime. As far as Ms. Brezinski's assertion that there was gunfire at night and it is partially a result of gang violence in the neighborhood, the lack of calls does not appear to support her claim. The City's records show no indication of gangs or gang activity in that neighborhood. The City will continue with proactive controls throughout the neighborhood and we will be sending beat officers for that area to -19- 02/05/08 introduce themselves and discuss with Ms. Brezinski her concerns and share with her our efforts in protecting her community. 11.B. From the Public. None. At this point, the time being 7:23 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 02-08: City initiated amendment to the Land Development Regulations (LDR) Sections 4.4.13(C), and 4.6.9(E)(4), to apply minimum property vacancy period requirements for mechanical parking lifts, in-lieu of parking fees, and public parking fees for in-fill developments within the Central Business District (CBD) and also to Appendix "A", Definitions, to amend the definition of In-Fill Development. If passed, a public hearing will be scheduled for February 19, 2008. The caption of Ordinance No. 02-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(C), "ACCESSORY USES AND STRUCTURES PERMITTED" TO PROVIDE THAT MECHANICAL PARKING LIFTS ARE A PERMITTED USE FOR AN IN-FILL DEVELOPMENT PROJECT THAT HAS BEEN VACANT FOR A MINIMUM PERIOD OF ONE YEAR; AMENDING SECTION 4.6.9, "OFF- STREET PARKING REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION OF PARKING SPACES", SUB- SUBSECTIONS 4.6.9(E)(3), "IN-LIEU FEE", AND 4.6.9(E)(4), "PUBLIC PARKING FEE", TO PROVIDE THAT IN-LIEU FEES AND PUBLIC PARKING FEES ARE AVAILABLE FOR IN-FILL DEVELOPMENTS THAT HAVE BEEN VACANT FOR A PERIOD OF FIVE YEARS OR LONGER; AMENDING APPENDIX "A" TO PROVIDE A REVISED DEFINITION FOR IN-FILL DEVELOPMENT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -20- 02/05/08 office.) (The official copy of Ordinance No. 02-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this was before the Commission last month and it was continued over some concerns about how to amend the infill definition. This revision addresses those concerns and applies a minimum property vacancy period requirement for options like mechanical parking lifts and in-lieu fees. The City Commission recently added the single level mechanical lifts as an allowed use in the CBD (Central Business District). The current definition for in-fill would restrict the using of those two properties which were vacant for more than five years. This amendment will establish a one year period over which the parcel must remain vacant before it can utilize the mechanical lift option. Mr. Dorling stated it does continue to retain the five year vacancy requirement for the utilization of in-lieu fees and public parking fees. Staff believes this meets the intent and addresses the concerns that the City Commission had initially. At its meeting of November 19, 2007, the Planning and Zoning Board considered the text amendment and recommended approval with a 6 to 0 vote. Mr. Dorling stated although staff has amended the ordinance since then, the ordinance still meets the same intent. Staff recommends approval. Mr. Fetzer moved to approve Ordinance No. 02-08 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 05-08: Consideration of a rezoning from Special Activities District (SAD) to Open Space and Recreation (OSR) fora 0.72 acre City owned parcel, located east of the recently approved Midtown Delray mixed-use development (F.K.A. Bloods Hammock Grove) and west of Orchard View Park. If passed, a public hearing will be scheduled for February 19, 2008. The caption of Ordinance No. OS-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY zoNED sAD ~sPECrAL ACTIVITIES DISTRICTS To OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING A PARCEL LOCATED EAST OF MIDTOWN DELRAY (FKA BLOOD'S HAMMOCK GROVES) AND WEST OF ORCHARD VIEW PARK, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, -21 - 02/OS/08 FLORIDA, APRIL 2007"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. OS-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling Director of Planning and Zoning, stated this is a rezoning from SAD to Open Space OSR fora 0.72 acre City owned parcel located east of the recently approved Mid-Town Delray Mixed Use Development formerly known as Blood's Grove and west of the existing Orchard View Park. During that approval for Mid-Town it was discovered that this parcel which was originally part of the larger SAD (Special Activities District) was now separated by a road. He stated it is appropriate to change the zoning from SAD (Special Activities District) to the OSR (Open Space and Recreation). At its meeting of January 28, 2008, the Planning and Zoning Board considered the zoning request and the Board recommended approval with a 6 to 0 vote. Mr. McDuffie moved to approve Ordinance No. OS-08 on FIRST Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 07-08: City initiated amendment to the Land Development Regulations (LDR) Section 2.4.3, "Submission Requirements", Subsection 2.4.3(K), "Fees", Subsection 2.4.3(K)(1), "Development Applications", to provide for an increase in certain development application fees. If passed, a public hearing will be scheduled for February 19, 2008. The caption of Ordinance No. 07-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUB SECTION 2.4.3 (K), "FEES", SUB-SUBSECTION 2.4.3(K)(1), "DEVELOPMENT APPLICATIONS", TO PROVIDE FOR AN INCREASE IN CERTAIN DEVELOPMENT APPLICATION FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -22- 02/05/08 office.) (The official copy of Ordinance No. 07-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is limited to two specific land use fees. The first relates to extension requests for previously approved projects which have both a conditional use and site plan approval associated with it. The second is the fee charge for review of single family homes in the north beach and the Seagate Overlay Districts. The first change will require a separate fee for both the conditional use and the site plan. Those extension requests require separate review, preparation reports to two separate Boards, and staff preparation before each of those Boards. Mr. Dorling stated it appears appropriate to charge a fee for each action. The second change includes an increase in the overlay fees commensurate with the concept plan fee (a review process). The fee that is charged is really a pass through to Urban Design Studios and there is no fee that the City collects for any of neither its review nor its transmittal of those plans by FedEx to Urban Design Studios. Staff is proposing to add the concept plan fee to the fee that is passed through Urban Design Studios. At its meeting of January 28, 2008, the Planning and Zoning Board considered the text amendment and recommended approval with a 6 to 0 vote. Mr. Eliopoulos moved to approve Ordinance No. 07-08 on FIRST Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 12.D. ORDINANCE NO. 10-08: An ordinance creating Chapter 94, "Municipal Cemetery", of the Code of Ordinances by enacting Section 94.01, "Authority", to provide for rules and fees for the municipal cemetery. If passed, a public hearing will be scheduled for February 19, 2008. The caption of Ordinance No. 10-08 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CREATING CHAPTER 94, "MUNICIPAL CEMETERY" OF THE CODE OF ORDINANCES BY ENACTING SECTION 94.01, "AUTHORITY", TO PROVIDE FOR RULES AND FEES FOR THE MUNICIPAL CEMETERY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 10-08 is on file in the City Clerk's - 23 - 02/OS/08 The City Attorney read the caption of the ordinance. Brian Shutt, Assistant City Attorney, stated since the City of Delray Beach recently took over the management of the cemetery. Staff looked at the rules that were in effect and realized that we needed to do a maj or overhaul on those. Mr. Shutt stated we needed an enforcement mechanism from the City saying these are the rules and regulations that are in place and that govern the cemetery. Mr. Shutt stated the City Commission can change those rules and regulations by resolution from time to time. In addition, he stated this would also govern fees as well Mr. Shutt stated staff is also working on the rules and regulations and those will be available on February 19, 2008 when this ordinance is considered on second reading. Mrs. Montague moved to approve Ordinance No. 10-08 on First Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 9.D., of the Regular Agenda. 9.D. SPECIAL EVENT REQUEST/ASIAN FOOD FAIR AND CULTURAL SHOW: Approve a special event request to allow the St Annual Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida, to be held on April 19-20, 2008 from 10:00 a.m. until 10:00 p.m. on the grounds of Old School Square and in the Old School Square surface parking lot, granting a temporary use permit per LDR Section 2.4.6(F) for street closure and use of the Old School Square surface parking lot and City Hall parking lots; authorize staff support for security and traffic control, site clean up and trash removal, barricading, EMS assistance and event signage; contingent upon receipt of a certificate of general liability insurance, state inspection certificate, and a hold harmless agreement. The applicant is requesting a reduction in City costs. Robert A. Barcinski, Assistant City Manager, stated this is for the City Commission to consider approval of the 5th Asian Food Fair and Cultural Show proposed to be held on April 19-20, 2008 10:00 a.m.-10:00 p.m. on the grounds at Old School Square and the surface lot of the Old School Square parking lot, provide assistance as requested for traffic control and security, site clean up, EMS assistance and event signage. The event producer also has requested consideration of a reduction of payment of the City costs. The permit with all the backup material which included the site plan, a revised budget based on the City's actual costs, and a Certificate of Insurance were included. He stated there will be no alcoholic beverages. The estimated overtime costs for the event are $13,635.00 with an estimated additional costs for signage $250.00 and $210.00 for trash boxes. Per the City's event procedures and policies, this is anon-profit but not incorporated in the City of Delray Beach and they are required to pay 100% of the costs. Staff recommends that we do not reduce those costs and that we uphold the policies and procedures because of the precedent it may set. Staff recommends approval -24- 02/05/08 of the event and the staff support with the conditions: (1) the City is to be provided with a Certificate of Liability Insurance from the amusement ride company, (2) copy of the State Inspection Certificate for the amusement rides prior to operating the rides. (3) The City Hold Harmless Agreement and (4) payment of 100% of the City costs. Mrs. Montague moved to approve the Special Event Request per staff recommendations, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.E. AMENDMENT NO. 1 TO THE AGREEMENT/WIFI SERVICES/DELRAY BEACH WI-FI, INC.: Consider approval of Amendment No. 1 to the Wireless Broadband Agreement between the City and Delray Beach WI-FI, Inc.; and Consent to Assignment with e-Path Communications of Delray Beach, Inc. regarding the wi-fi system through out the entire City. Brian Shutt, Assistant City Attorney, stated the Commission may have received copies of emails he sent them earlier today regarding some conversations he had. In speaking with Mr. Joseph Tortoretti, President and CEO of e-PATH Communications, Inc. a few minutes ago he believes they would be willing to execute the amendment as it is presented before the Commission tonight. Mr. Shutt stated this amendment relates to the Wi-Fi Agreement that the City had originally signed in May 2007. During that time, the City had an initial timeframe that they would need to get free service up and running along Atlantic Avenue and that would need to be completed by around mid-November 2007 and that was not done. Mr. Shutt stated they are requesting that the City give them until April 4, 2008 to have the free service up along Atlantic Avenue. Mr. Shutt stated in the backup material there is a map that shows a little boot area and this is why this maybe did not go quite as quickly as what the City thought it would. He stated Mr. Tortoretti had to get consent from FPL in order to put their antennas on their poles. He stated FPL is replacing some of the poles in that area and they do not have the okay from FPL to do that. They are anticipating that sometime in 2009 FPL will have that completed but this is not definite. Mr. Shutt stated they believe in that boot area that covers Atlantic Avenue they will not be able to go the three blocks north or the three blocks south but they can probably hit the paved area of Atlantic Avenue just from coverage through other antennas in that area without using the FPL poles and they would have to have that completed by April 7, 2008. After they get the pre-service area up then they would have 90 days to complete the Wi-Fi service area east of I-95 excluding the area that is shaded and 90 days after that they would be able to complete the area west of I-95. He stated they will be providing the City of Delray Beach with 100 free computers and 200 families will receive free Wi-Fi service. When the Wi- Fi service became available in those areas the City had pinpointed people who would receive the computers. Staff has amended this language that once the City gives them the names as far as the people the City wants to receive the computers, within ten (10) days then they will provide the free computers. The other provision is that the free computers will also be upgraded from 512 to 1 gigabit of Mb RAM and the upgrade network provision has been amended to have some language that if there are other wireless - 25 - 02/OS/08 networks up then we would try and keep this comparable to other areas that are out there so as to not fall behind technology wise. Delray Beach Wi-Fi is also requesting an assignment from the Delray Beach Wi-Fi, LLC to e-PATH Communications, Inc., and in order to do this staff would request that one of the previous managing entities of Delray Beach Wi-Fi, LLC sign a Consent to Assignment Form. The City Attorney stated one of the concerns is unless all parties sign the Consent to Assignment then staff could not recommend to the Commission to approve at this time and noted that this is an issue that needs to be clarified. The City Attorney stated Mr. Shutt talked to Mr. Tortoretti who indicated that he is okay with this agreement; however, the City needs to make sure that the Consent to Assignment is agreed to by all parties. Vincent Mento, CEO for ATC International and Managing Partner of the Delray Beach Wi-Fi, stated they are still working with e-PATH Communications, Inc. and the road blocks that they ran into had nothing to with City of Delray Beach but rather with FPL and they have experienced this in other cities. He stated the only reason he has not signed this agreement to transfer it over is not because he has any objections but rather there are certain legal documents that needed to be prepared and those have not been prepared. Joseph A. Tortoretti, President and CEO of e-PATH Communications, Inc., thanked the City Commission for the opportunity to speak this evening regarding the request to increase the time to construct the network. He briefly explained the reasoning behind the delay and apologized if this put any pressure on the City that they did not anticipate when they started. Mr. Tortoretti stated BelAir is a company that was actively involved with Wi-Fi and Wi-Max Development for wireless applications and they are currently the world leader in that technology and they are based in Ottawa. Mr. Tortoretti stated they have networks and operation in several countries and the benefits of BelAir Technology gives them the ability to provide multiple frequencies and the ability to provide bandwidth and upgrades with much more flexibility than most vendors. Mr. Tortoretti stated the technology is better suited for e-PATH applications and stated BelAir is one of their vendors and they use their equipment for access devices. Kevin Tyler, BelAir, stated BelAir has been around for approximately four years and is number one in the sales of access points throughout the world. He stated his company does not just specialize in video but specializes in voice and data as well. The City Attorney stated this agreement is strictly Wi-Fi for the public in a free zone through the middle of the City of Delray Beach and it has nothing to do with City services nor was the Request for Proposal (RFP) for City services. Brief discussion between Mr. Tortoretti and staff continued. -26- 02/05/08 The City Attorney stated this amendment does not tie the City into any services for the Police Department or anything else. She stated there has been a big push via emails for meetings to determine what the needs of the Police Department may be or not. The City Attorney stated that is not part of this agreement and noted that the Police Department needs to really investigate whether anything like this would be appropriate for them because they have sensitive data and needs a network that responds immediately when they are on the road stopping people and have that public safety responsibility. The City Attorney suggested that the Commission not approve this agreement or the Consent to Assignment until the City of Delray Beach has a signed Consent to Assignment that is appropriately signed with corporate resolution indicating that they have the power to bind their corporation. She also suggested that there be a rationale meeting to discuss this. The City Attorney suggested that the Commission postpone this until February 19, 2008 and this will give staff a week to meet again and work out those issues on training and include some digital inclusion language and give the opportunity for the Police Department to speak with them and get an idea of what they are asking. The City Attorney stated the City had an agreement where timelines were not met and this amendment would extend those time limits. After a lengthy discussion, it was the consensus of Commission to postpone this item to a date certain of Tuesday, February 19, 2008. 9.F. APPEAL OF WAIVER DENIALBRU'S ROOM: Consider an appeal received from Mr. Brudzinski regarding the City Manager's denial of his request to expand his business license premise to allow the consumption of alcoholic beverages on the Ocean City Lumber Parking lot property on March 15, 2008 from 11:00 a.m. to 11:59 p.m. for the St. Patrick's Day Parade. Staff recommends denial of the appeal (Quasi- Judicial Hearing) This item was made aQuasi-Judicial Hearing. Robert A. Barcinski, Assistant City Manager, stated this item is for the City Commission to consider an appeal received from Mr. Brudzinski on behalf of Bru's Room to the City Manager's denial of his request to expand his business license premise to allow the consumption of alcoholic beverages on the Ocean City Lumber Parking lot property on March 15, 2008 from 11:00 a.m. until almost midnight. Per Section ll3.02(B) of the Code of Ordinances, Mr. Brudzinski has appealed this decision. The denial was based on three things: (1) We are not approving the expansion of business license area for any private businesses, (2) This year the event producer has been approved for a similar set up on the Old School Square surface parking lot from 11:00 a.m. to 7:30 p.m. where they will be selling food, entertainment to help them raise money to off-set their costs and build their scholarship fund, (3) we received numerous complaints from our Police Department. Mrs. Montague inquired as to what happened last year. -27- 02/05/08 Officer Tom Mitchell, Police Department, stated Bru's Room applied for a permit and his understanding is it was approved to have an outdoor venue. Mr. Mitchell stated it was supposed to be contained to their area and the street was closed off on N.E. 3rd Avenue. He stated the crowd got too large for their staff to handle and he spoke to management on several occasions and they assured Officer Mitchell that they would control their establishment and they never did. Officer Mitchell stated they started to have alcohol go onto the railroad tracks and proceed east and this became a public safety issue not only with the train crossing but then people stumbling into the roadway. He stated they were inadequately staffed while physical altercations occurred and finally through one of the manager's cooperation of this local Bru's Room with himself they were able to remove the amplified music and the outdoor bar and then gain control to the point where Officer Mitchell stated he had to close the entire road and shut down all of the outside activity. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). It was the consensus of the City Commission to deny the appeal. Mr. Eliopoulos moved to adopt Board Order as presented, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion to approve the Board Order (denying the appeal) passed with a 5 to 0 vote. At this point, Mr. Brudzinski stated the day the St. Patrick's Day Parade is held is the biggest sales day for Bru's Room for the whole year. He stated they held the event on the east side of the building and they would like to move it to the north side of the building and fence it in and they would like to put an extra port-a-potty trailer there (although there are already restrooms) and have security. Mr. Brudzinksi stated they would keep the railroad avenue clear because it would be all fenced in. He stated they have a site plan and Meisner Electric has given them permission and stated this is a very important day for Bru's Room. Brief discussion continued between Mr. Brudzinski and the Commission. After brief discussion, it was the consensus of the Commission to leave the motion and their decision as is. 9.G. MULTIPLE AWARDS/AUTOMOTIVE PARTS ANNUAL CONTRACT: Consider approval of multiple awards to bidders in an estimated annual cost of $75,000.00 for the purchase of automotive parts stocked in the Purchasing Warehouse. Funding is available from various departments operating budgets. The City Manager stated this is on the Regular Agenda because some of the items are not to the bidder and each one is explained in the backup material. - 28 - 02/OS/08 Mrs. Montague moved to approve the multiple awards to bidders in an estimated annual cost of $75,000.00 for the purchase of automotive parts stocked in the Purchasing Warehouse, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.H. AUTHORIZATION TO HIRE OUTSIDE COUNSEL/CITY OF DELRAY BEACH V. MARGUENE ST. JUSTE: Consider authorizing the City to hire Kara Rockenbach, Esquire to handle the Oral Argument in the Appellate Case of the City of Delray Beach v. Marguene St. Juste at the rate of $225.00 per hour. In June 2007, the Trial Court found the City of Delray Beach 60% negligent in a dog bite case entitled Marguene St. Juste v. Keli Nowling and the City of Delray Beach. The City Attorney stated this is a request to hire outside counsel for the Oral Argument in the Marguene St. Juste dog bite case. The City Attorney requested the appointment of Kara Rockenbach, appellate lawyer with the office of Gaunt, Radford, Methe and Rockenbach. Mr. McDuffie moved to approve authorization for the City of Delray Beach to hire Kara Rockenbach, Esquire to handle the Oral Argument in the Appellate Case of the City of Delray Beach v. Marguene St. Juste, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9_I. BID AWARD/ACCURATE EVENT SERVICES: Consider approval of a bid award to Accurate Event Services in the amount of $39,702.91 for private security services for the International Tennis Tournament. Funding is available from 001-4210-575-55.40 (General Fund/Tennis Tournament). Robert A. Barcinski, Assistant City Manager, stated this is a request for the City Commission to approve a bid award for private security to Accurate Event Services for the International Tennis Tournament (ITT). Mr. Barcinski stated private security services will go from February 4-18, 2008. Mr. Fetzer moved to approve the bid award to Accurate Event Services in the amount of $39,702.91, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.J. PROPOSED INCREASE IN PAVILION, FIELD AND FACILITY RENTALS FEES: Consider approval of a proposed increase in Pavilion, Field and Facility Rentals Fees and implementing a charge for the use of fields. -29- 02/05/08 Tim Simmons, Acting Director of Parks and Recreation, stated after some research staff discovered that these fees have not been increased for park pavilions and facilities in approximately 12 years. He stated the City of Delray Beach does not currently charge on the ball fields. After brief discussion, Mr. Simmons clarified that the increase in fees for park pavilions and facilities have not been increased in 12 years but the fees will be nominal. In addition, he stated there will now be a fee charged for use of the ball fields where in the past no fee was charged. Mr. Eliopoulos moved to approve the proposed increase in Pavilion, Field and Facility Rental Fees and implementing a charge for the use of fields as submitted, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; NIr. Eliopoulos -Yes; Mr. Fetzer -Yes; NIr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:31 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated last week the City received the Housing Leadership Council Award with Palm Beach County for workforce housing in Delray Beach. He stated the Housing Leadership Council has developed a scoring system and they scored Palm Beach County a point higher than Delray Beach and the City of Boynton Beach scored approximately 10-12 points below Delray Beach. The Housing Leadership Council gave a special award to the Palm Beach County School District for their down payment assistance they are giving for teachers. Secondly, the City Manager stated he had his last interview today with the Parks and Recreation Director candidates and a decision will be made within the next week. Lastly, he stated he will be going to the Florida Manager's Winter Institute in St. Augustine. The City Manager stated he will be leaving tomorrow and will be back on Friday evening. He noted that he will be available by cell phone if the Commission needs him for anything. 13.B. City Attorney The City Attorney stated the King's Market has decided not to have a market at the Old School Square Garage retail space. She stated they have an alternate proposal that would operate in a manner similar to Panera Bread or other kinds of establishments where you order the food and they bring it to you and you pay for it. The -30- 02/05/08 City Attorney stated that the City has been trying to negotiate a contract on the King's Market and suggested that this be placed on the February 12, 2008 Workshop Meeting as a special item to discuss how the Commission would like to proceed in this case. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated he believes at the February 12, 2008 Workshop Meeting the Commission talked about having some discussion on economic development and noted there is a new Committee or Task Force with the Chamber of Commerce. He stated he would really like to see the Chamber kept in the loop and work closely with the City of Delray Beach on this. It was the consensus of the Commission to give a special invitation to the Chamber of Commerce people who are working on this issue and that they be part of this discussion. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated he would like to send his thoughts and prayers out to Perry DonFrancisco's mother who passed away and also John Miller, Sr. passed away. Secondly, he stated the Town Hall Meeting was great. Lastly, Mr. Eliopoulos congratulated the Miami Dolphins and the New York Giants and noted they must be very happy. However, he stated New England fans are not very happy. 13.C.3. Mr. McDuffie Mr. McDuffie stated he and the City Manager attended a meeting during the multi-meeting week and the School Board of Palm Beach County awarded the City of Delray Beach for receiving the Sunspra Leading Light Award for the collaboration effort for the Construction Academy at Atlantic High School. Secondly, he stated the S.D. Spady Chorus is requesting support from the City of Delray Beach and commented that the City of Delray Beach has supported the S.D. Spady Chorus in the past for students participating in the National Honor Choir. Mr. McDuffie discussed the Delray Beach National and the Delray Beach American League and the progress that is going on. He respectfully requested that staff do no more press releases regarding this because it was not properly worded and there were errors in it and that staff speaks to him before releasing anything. Mr. McDuffie stated there are youth sports leagues that are stepping on each other and because there are so many different sports going on in so many different places and we have children who -31- 02/05/08 would like to play multiple sports, we have lots of overlapping. Mr. McDuffie suggested having somebody oversee the facilities and that the League Presidents meet with a representative from the City in scheduling all of these facilities. He stated there are some conflicts that are causing some problems with seasons. Mr. McDuffie stated he has an offer fora $20,000.00 grant and noted he will write a letter this week. He stated he spoke to both Boards regarding the signage and it was decided that 32 feet would be the acceptable maximum feet for signage. Mr. McDuffie stated there is a potential donor who offered to assist with the gap in the funding at Miller Park. He stated that a City run T-Ball program was started this year and if this is successful he would like to see this sucked into these Little League Programs; however, if there is any City funding that goes into it the Little League will take the Charter away from them. Mr. McDuffie stated it would be a boost to both those programs to take the T-Ball group from the City and funnel them through the Little League. The City Manager stated the T-Ball group is designed to dovetail with the American League and it should not be a problem. Lastly, he stated he had a great time at the Roundtable Meeting and his table was vibrant and they had some exciting ideas. Mr. McDuffie stated Jayne King's idea last year was to get rid of the ocean outfall and this will happen in the spring of 2009. He stated although that one suggestion did not make the top ten it will actually be done. 13.C.4. Mrs. Montague Mrs. Montague requested that the Roundtable responses be emailed to her. Secondly, she stated last Saturday (February 2, 2008) she and Mayor Ellis had the pleasure of meeting and having a brief breakfast with the Housing and Urban Development (HUD) Secretary Alphonso Jackson. Mrs. Montague stated the City of Delray Beach in partnership with Auburn Group, the Delray Beach Housing Authority, and the Community Redevelopment Agency (CRA), the Community Land Trust (CLT) are finalists as far as the HOPE VI Grant is concerned ($20 million grant). She stated this grant is for "The Villages" which is going to be placed on the Carver Estates site. Lastly, Mrs. Montague announced that there will be a Ribbon Cutting Ceremony on February 23, 2008 at 3:00 p.m. at Donnie's Place and she hopes to see everyone there. 13.C.5. Mayor Ellis Mayor Ellis echoed comments expressed by Commissioner Montague regarding the meeting with HUD Secretary Alphonso Jackson. Secondly, she stated she is pleased with how the Town Hall Meeting went and noted that there were great suggestions and ideas. -32- 02/05/08 She stated Commissioner McDuffie provided her with the figure of $2.5 million that the additional homestead will cost the City of Delray Beach in this year's budget (fiscal year 2008/2009). Mayor Ellis congratulated Commissioner Fetzer and Commissioner Montague for having their petitions in. There being no further business, Mayor Ellis declared the meeting adjourned at 9:07 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 February 5, 2008, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. - 33 - 02/OS/08 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE AND WAIVER REQUEST FOR HUNTER CRANE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use and waiver requests has come before the City Commission on February 5, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use and waiver requests for Hunter Crane. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I, 11 and III. I. COMPREHENSIVE PLAN a. Com rehensi~e Plan -Future Land Use and Ma : Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Yes X No b. Concurrence: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respec# to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes X No Item 9. A. II. LDR REQUIREMENTS: LDR Section 2.4.5E Re uired Findin s: Conditional Ilse : Pursuant to Section 2.4.5{E){5}, in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will Section 2,4.5(E)(5} be met? Yes X No III. WAIVERS: Pursuant to LDR Section 4.4.19(D){2)(g)(ii) property that is used for the storage and rental of construction equipment mus# be buffered by a 6' high wall or berm. The applicant has requested a waiver from this requirement to allow a 3' high berm. Pursuant to LDR Section 4.4.19(D)(2)(g)(iii) property that is used for the storage and rental of construction equipment mus# have a 10' minimum landscape buffer around the perimeter of the property. The applicant has requested a waiver of this requirement along a 90' portion of the east property line Pursuant to LDR Section 2.4.7(B)(5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: {a) Shall not adversely affect the neighboring area; {b} Shall not significantly diminish the provision of public facilities; (c} Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 4.4.19(D}(2)(g)(ii) to reduce the berm requirement from 6' to 3' for the property comply with the requirements of 2.4.7(B){5)? Yes X No Would the waiver of Section 4.4.19{D)(2}(g){iii) to waive the 10' landscape buffer requirement along a 90' portion of the east property line of the property comply with the requirements of 2.4.7(B)(5)? Yes X No 2 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use and waiver requests were submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves X denies the conditional use request and waivers set forth above subject to the Conditions set forth in Exhibit A and Technical Items set forth in Exhibit B, attached hereto and made a part hereof, and hereby adopts this Order this 5th day of February, 2008, by a vote of 5 in favor of denial and 0 opposed. '~' ` , ~ ~ ~ _ s -: Rita s, Mayor ATTEST: ,,l •. ~, :-.,~,~. ~~ _ Chevq~C~ tbin& e~~;~ .,~,_~t . n;.~:.._. City ~livrE,c _..x ~ ~ .~ ~. r{.,:.:~. ,~ .tea 3' ~ M f 3 EXHIBIT A TO THE CONDITIONAL USE AND WAIVER REQUEST FOR HUNTER CRANE CONDITIONS 1. That the si#e plan and landscape plan be modified to specifically illustrate that the storage and parking areas for the equipment will be treated with crushed asphalt which will be maintained at adequate levels of compaction to reduce dust. In addition, that the area not designated as storage and parking areas will be landscaped with permanent plant materials not requiring permanent irrigation such as Bahia Sod. 2. Approval of a site plan by the Site Plan Review and Appearance Board that is in general conformance to the submitted site plan accompanying this conditional use request and that addresses Exhibit "A" -Technical Items and conditions of approval attached in the staff report; 3. That the site plan be revised to note that the equipment to be stored shall not exceed 1 QO feet long, 14 feet wide and 15 feet high. 4. That all cranes must be stored in the down position. 1 of i EXHIBIT B TO THE CONDITIONAL USE AND WAIVER RE VEST FOR HUNTER CRANE TECHNICAL ITEMS 1. Revise the boundary survey and canal cross-section to be tied to Tracts 38 and 39, of the plat of Model Land Company Section 18146143, PB fi page 51. 2. On the landscape plan dimension the landscape buffer along the north property line. 3. Revise the site plan to accurately reflect the property boundaries. The depicted property line is not consistent with the survey along the east property line. 4. Revise the site plan and engineering plan to be consistent with the landscape plan to show the landscape islands within the parking tier located south of the modular building. 5. Revise the landscape plan and site plan sheets to show the limits of the dry retention area at the northwest corner of the site to be consistent with the paving and drainage plan. 6. Provide wheel stops and a landscape island at the end of the parking tier located on the east side of the access drive. 7. Restripe and dimension of the parking spaces located south of the modular building to conform to the standard parking stall dimension of 18' x 9'. 8. Revise the photometric plan to show a detail of the light fixtures with cut-off luminaries and to provide a summary table indicating the number of luminaries proposed as well as the average and maximum foot candles. 9. Per the survey, a 20' easement exists along the north property line. Please provide a copy of the easement deed in order to determine that there will be no conflicts with respect to the proposed landscape buffer. 10. Pursuant to LDR Section 4.3.4(K} the minimum open space in the MIC district if 25% that can only include landscaped areas. Revise the site data table to indicate the proposed open space calculation reflects only landscape areas. 11. That all plans are to be signed and sealed by the appropriate professionals. 1 of 2 .~ . !N THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 303 SW 2N° STREET ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests have come before the City Commission on February 5, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the workforce housing lot located at 303 SW 2"d Street. A!I of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 4.1.4(D) workforce housing units with forty (40) feet of frontage must meet the typical designs represented by the sketches set forth in Section 4.7.12; must include rear access via an alley, if available; and must also contain design features such as, but not limited to, front porches, eyebrows, outriggers, gables, dormers, arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco finishes, undulating facades and other such appropriate architectural features. The applicant has requested a waiver from these requirements. Pursuant to LDR Section 4.7.12 lots of record that have at least 40 feet of frontage may be used for workforce housing, as long as the workforce housing unit meets the typical designs represented by the sketches set forth in this section and the additional requirements of 4.1.4(D). The applicant has requested a waiver from this section. Pursuant to LDR Section 2.4.7(8)(5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a} Shall not adversely affect the neighboring area; (b} Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver request to Section 4.1.4(D} tropical designs meet all the requirements of 2.4.7(8)(5)? Yes X No 1 ~~un Q Does the waiver request to Section 4.7.12 meet all the requirements of 2.4.7(B}(5)? Yes X No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consisten# with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the waiver requests to LDR Sections 4.1.4(D} and 4.7.12. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5`h day of February, 2008, by a vote of 5 in favor and 0 opposed. ~wV ! J.<, < ~ - ~+' fs ~.. •r ~~T ~, ~. ' ~~'~~ ...,.v..........~,,..., ..,..j... ~ ~_ :" :~, ~ ; R a Ellis, Mayor 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA PUBLIC PARKING FEE REQUEST FOR 36 FIRST OFFICE BUILDING ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This public parking fee request has come before the City Commission on February 5, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the public parking fee request for 4 public parking fee spaces in the amount of $72,UOO.OQ for the 36 First Office Building. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. PUBLIC PARKING FEE: Pursuant to LDR Section 4.6.9(E)(4), when parking requirements are applied to new development, in-fill development, from a change of use, or adding floor space to an existing building; the City Commission may approve the payment of a fee towards the construction of a public parking structure in-lieu of providing such required parking on- site. Does the Public Parking Fee request for four spaces at a cost of $72,000 to be paid to the City, in full upon building permit issuance to meet the requirements of LDR Sec#ion 4.fi.9(E}(4} and the conditions, if any, listed below? Yes 5 No 0 3. The City Commission hereby finds that the Public Parking Fee Request meets the requirements of 4.fi.9(E}(4) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. I~~k q c r~ 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the public parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of February, 2008, by a vote of 5 in favor and 0 opposed. _;. "~ .,; ~~~ . , - ~~ ATTEST: ~ ~ ~1 . ' ` - Chevelie Nubin, City .~.. _ .; ~2 Rit Ellis, Mayor 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA APPEAL OF ADMINISTRATIVE DETERMINATION REGARDING BRU'S ROOM ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the denial of an administrative waiver request to allow the consumption of alcoholic beverages on property outside Bru's Room Restaurant, from 11:00 a.m. to 11:59 p.m. on March 15, 2008, pursuant to Ordinance Section 193.02(6) has come before the City Commission on February 5, 2008. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the denial of an administrative waiver request to allow the consume#ion of alcoholic beverages on property outside his business pursuant to Ordinance Section 113.02(6). All of the evidence is part of the record in this case. 3. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 4. Based on the entire record before it, the City Commission approves denies X the appeal and hereby adopts this Order this 5th day of February, 2008, by a vote of 5 in favor and 0 oppo i I" i ~~ ~:~ Rita E lis, Mayor ATTES~F:: ~ ~-. ~ .~.. . r~ .~ ~',, ;~ Chevelle. Nubiri R"" City Clerk": - _...,. ~r ~,. S~ y~R~'2~ Lei '~~ ~+lq_ ... ~~r. ~:.0 R ~ .~„ .. . -F M11 i+~ q.F SPECIAL/WORKSHOP MEETING FEBRUARY 12, 2048 A Special/Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Training Room at Environmental Services Department Building at 6:00 p.m., on Tuesday, February 12, 2008. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie (6:18 p.m.) Commissioner Brenda B. Montague Mayor Rita Ellis Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Douglas Smith, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk Mayor Ellis called the special meeting to order and announced that it had been called for the purpose of considering the following Item: SPECIAL MEETING AGENDA OLD SCHOOLS UARE GARAGE RETAIL SPACE: Provide direction regarding the type of retail uses} and how to proceed in obtaining the use(s) desired for the Old School Square Garage retail space. City Attorney, Susan Ruby presented this item. She explained to Commission that she needed direction as to the type of retail use(s) desired and how to proceed in obtaining the uses} desired. Mxs. Ruby discussed several alternatives including going out fox a Request for Proposal (RFP) or Request for Qualifications (RFQ). Mr. Eliopoulos questioned what restrictions are guided by zoning. Mrs. Montague asked if there was an Economic Developer. William "Bill" Woods, President and CEO the Delray Chamber of Commerce advised there is a Business Development Board. He suggested Commission keep this particular area at the garage as a retail spot. The City Manager suggested that the Commission goes out fox an RFQ to obtain a broker. Mrs. Ruby advised she will pursue options that the City has and let the Commission know in two (2) weeks. Mayox Ellis advised that she hoped Commission would give staff direction on these options tonight. Mr. Fetzer concurred with staffs recommendation to go out for an RFQ and obtain a Broker. Mr. Fetzer moved to go out for a RFQ {Request for Qualifications) to obtain brokers, seconded by Mrs. Montague. Upon roU call, the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Said motion passed 4-0. IVIs. Montague motioned to reject the offer from King's, seconded by Mr. Eliopoulos. Upon roll call, the Commission voted as follows: Mr. Fetzer Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Said motion passed 4-0. Mayor Ellis adjourned the Special Meeting at G:25 p.m. WORKSHOP AGENDA 1. Presentation re ardin Economic Trends -Kell Smallrid e from Palm Beach Coun Business Development Board Kelly Smallridge, President and CEO of the Business Development Board of Palm Beach County, presented this item. She explained some of the projects that the Business Development Board helped to facilitate. Ms. Smallridge also discussed that they are the Governor's Resource for Palm Beach County, a one stop comprehensive resource. She talked about various facets of the prospect package such as magazines, DVDs and Guidance Information packets. Andrew Duffell, Senior-Vice President of Recruitment of the Business Development Board of Palm Beach County, discussed the recruitment process. He explained the leads are generated from a myriad of resources regarding wealth generation and innovation. Mr. Duffel explained he has a small staff of fifteen {15} that uses Economic Florida to get the message out to other countries. He has worked on pxojects like SCRIPPS Florida. Becky McCaw, Vice President of Business Retention and Expansion of the Business Development Board of Palm Beach County talked about how she travels throughout Palm Beach County visiting companies. She explained that they use volunteers from the membership and other business leaders to assist. Ms. McCaw displayed a list of Delray Beach properties used to show to prospective businesses. Mr. Gary Hines, Senior Vice-President of Administration discussed haw consultant firms maintain international sites. Mr. Hines invited Mayor Ellis to speak with site selectors to showcase Dekay Beach. 2 February 12, 200$ Ms. Smallridge stated it is beneficial for municipalities to have some flexibility in the process of bringing in new businesses such as the waiving of certain fees and a one stop type of permitting process. She explained Mr. Francisco Perez-Azua is a director on the Board. Mr. Fetzer advised he met with Mrs. Smallridge a few weeks prior and thought this was a tremendous opportunity especially for the Congress Avenue Corridor. Mayor Ellis inquired about regional cooperation and asked fox examples of how these types of partnerships have worked in other cities. Mrs. Montague asked if cities created incentives for those companies that are interested in coming to that city. Mr. Eliapoulos mentioned the ABC Carpets "bidding war." Ms. Smallridge acknowledged that ABC Carpets' coming to Delray Beach was largely due to farmer Mayor Tom Lynch's efforts. Mr. McDuffie asked if the negatives within a particular city axe curable issues. He asked Ms. Smallridge if they study negative curable issue information. Ms. Smallridge explained that the study is only anecdotal. 2. Congress Avenue Corridor Development Update David T. Harden, City Manager, presented this item. He discussed action items for the city council Mr. Harden explained that the City needs to think about their level of involvement in Palm Beach County's Request for Proposal (RFP}. He advised that Ms. Wolf will be at the City Commission Meeting on March 1$, 2008. He suggested Commission let him know if they have questions or issues. Mr. Fetzer asked about the financial impact an the City. Mr. Eliopoulos stated that he feels this is a catalyst for the area. He would like to have more information. He explained he does not want to jump into the project without numbers. Mr. Eliopoulos would like more information on the costs. He encouraged Commission to think "green," but he definitely supports the idea. Mr. McDuffie concurred with Mr. Eliopoulos that he would like to know the City's obligations regarding this project. 3. Sin le Stream Re clip Presentation from Waste Mana ement Butch Carter, Governmental Affairs Manager for Waste Management, and Larry Dalia Betts. from Recycle America, gave an overview of single stream facilities. Mx. Dalla Betts showed a DVD of the Elkridge Facility to the Commission. 3 February 12, 2008 Mr. Dalla Betts stated there are certain detractors and informed Commission of a new website thinkgreen.com. In addition, he provided a handout on recycling information to the Commission. Mr. Carter stated single stream recycling would be no cost to residents ox the City; however it would xequite staff time. He stated Collier and Martin County are doing the single stream program at this time. Mrs. Montague asked when the program would be implemented. Mr. Dalla Betts explained Recycle America had been implemented in Orlando for two {2) years; and in Pembroke Pines since April 1, 2007. Mr. Carter mentioned the timeframe for changing out collection equipment. Dalla Betts discussed the single stream operation in Stuart, Florida. Mayor Ellis asked how the City is doing with recycling at this time. Mr. Carter stated the City is doing well with recycling. Mr. Eliopoulos asked how is this reviewed, and is the Ciry's recyclables going down to Pembroke Pines. Mx. Dalla Betts advised currently the City's recyclables are going down to Pembroke Pines. The City Manager stated the Waste Management contract will expire this fiscal year. Mrs. Montague asked if staff had been to one of the sites. Mr. Harden advised staff had not been to any of the sites. Mr. Harden asked what type of collection method Stuart is using. Ms. Dalla Betts. explained that Stuart is fully automated. Mayor Ellis suggested to Mr. Harden to have the new Gxeen Task Force review this information. 4. Direction re rdin the South Federal Corridor and Linton Boulevard Redevelo ment Plans Paul Dorling, Director of Planning and Zoning presented this item. He handed out aerial views of South Federal Highway and Linton Boulevard. He gave an overview of uses in these areas and asked for direction from Commission for next steps fox both areas. Mrs. Montague expressed concern that the City had not come up with a plan, she stated she would like to see this planned out and she also discussed the Commission goal setting session held in April of last year. 4 February 12, 2008 Mr. Dorling stated he needed direction from Commission for the South Federal and Colton Boulevard Redevelopment Plans. Mr. Harden discussed current plans far the South Federal Corridor. He advised he needed direction from Commission. Mr. Fetzer discussed the townhouses and South Federal Plan. He expressed his disappointment the Ralph Buick did not go through. Mr. Doxling recommended amixed-use residential area. On the west side, he proposed commercial-use. Mr. Fetzer requested the area be reviewed again because of different zonings. Mayor Ellis asked what is the proposal for the Costco site. Mrs. Montague asked if there could possibly be a hotel on Linton Boulevard. She recommended an outside source be brought in to look at the potential for these sites. Mayor Ellis recommended Treasure Coast Regional Planning Council review the site. Mr. Eliopoulos discussed Ocean Properties. He recommended that someone review the area as a potential hotel site. Mayor Ellis discussed automobile dealerships. 5. Old School Square Park Expansion Preliminary„ Master Site Plan Richard Hasko, Directar of Environmental Services introduced the consultants for this project, Glatting Jackson Kercher Anglin, Inc. Mike Sobczak, Consultant for Glatting Jackson Kercher Anglin, Inc.., thought this would 6e an incredible opportunity to work on Downtown Delray Beach. He suggested Commission input and direction for completing the master plan. Mr. Eliopoulos discussed the Charette and advised he would have to review the plans a little more. He advised the parts are interchangeable at this Old School Square site and events people will be offering input. He also mentioned he does not want a restroom along Pineapple Grove. Mr. Fetzer asked if the project is in compliance with the requirements of grants. He does not want to review only the park but the entire Old School Square complex. He concurs with Mr. Eliopoulos to build additional phases later. Commission agreed to do this in phases due to budget constraints. David T. .Harden, City Manager, mentioned Florida Recreation Development Assistance Program (FRDAP) Grants. 5 February 12, 2008 Mayor Ellis discussed the nice features, but was concerned about the Christmas tree. She asked Marjorie Ferrer, Executive Director for the Downtown Marketing Cooperative to comment on the placement of the Christmas tree and on the economic business and the construction aspect. Mr. Sobczak stated that atwenty-five (25} foot parameter was provided around the Christmas tree. Mrs. Montague questioned the location of the restrooms. She stated there is dead space when walking Atlantic Avenue to Swinton Avenue. She suggested more lighting installed before the second phase of the project because it is very dark. Mr. McDuffie questioned the water feature. He is curious if the design is similar to Clematis Street, and would the feature be used as a public bath? Mr. Eliopoulos encouraged the scale to remain the way it is. He suggested a refrigerated dumpster to control the garbage smell. Mr. McDuffie questioned how the park will be broken up for shows and special events. Mr. Sobczak suggested a retractable system or a chain link fence. Mayor Ellis advised the Christmas tree is not the only event in the area that would result in re-sodding. It would cost the City to move the Christmas tree back. Mr. Harden suggested the Christmas tree remain where it is situated for Phase I. ~. Discussion regarding_possible expansion of the,shuttle service Scott Aaronson, Parking Management Specialist, presented this item. He discussed adding another bus to the existing route from the Marriott Hotel to Tri-Rail. He expressed his desire to break-up the bus routes in the interest of businesses. Mr. Aaronson stated the estimated cost is $30,000, and that the Community Redevelopment Agency (CRA) would contribute to this project. He explained what grants would have been available October 1, 2007. He explained the date was extended three (3) months due to the tax reform issue. Mr. Aaronson discussed the success of the shuttle and acknowledged the shuttle service had less than thirty (30) complaints over the course of a year. The City Manager explained how ridership increased over the year and suggested the $30,000 to continue the program would be warranted. Mr. Eliopoulos explained he has never been a big supporter of the shuttle program, however, ridership is encouraging and he supports the idea. It was the consensus of the Commission to expand the shuttle service. Mr. Harden suggested he would place the expansion of the shuttle service on the February 19, 2008 Commission Meeting. 6 February 12, 2008 7. Proposed ordinance regarding criteria for removal of Historic Designations David T. Hatden, City Manager, presented this item. He advised Commission this item has to go before Historic Preservation Board (HPB) and the Planning & Zoning Board (P & Z). He suggested he does not want these Boards to feel constrained. Mr. Eliopoulos declared a conflict of interest and left the dais. Terrill Pyburn, Assistant Ciry Attorney, stated that Warren Adams from the Historic Preservation Board {HPB) is available for questions. She highlighted the difference between Ordinance No. 09-0$ initially presented for this workshop, and the alternative Ordinance No. 09-08 submitted for the Workshop Meeting on February 12, 2008. Mr. McDuffie asked if the City ox HPB would bear the cost. He would like the responsible party regarding the surveys clarified in the Ordinance. Mr. Fetzer warned he would proceed cautiously with this decision because it could set a precedent. He stated this would have to go before HPB fox their review, but he would like to have the issue resolved as expeditiously as possible. He recommended those that brought the issue forward be heard and the City comes up with valid reasons fox what it does. He is concerned with super majority and stated he would like to give a fair hearing. Mrs. Montague asked if the City is having the surveys continued before deciding. Susan Ruby, City Attorney, advised this Ordinance is not predicated on all surveys being done. Warren Adams briefly discussed the surveys. Mr. Fetzer asked what is the timeframe and costs to have the surveys completed far the Marina Historic District. Mr. Adams advised the cost would be $10,000 and the projected completion time would be two (2) months. Mr. McDuffie stated that if the City does not get grants from the State, the City needs to find funds and the Marina District needs to be first priority. Mrs. Montague asked when Commission would get input from HPB and P&Z. Ms. Pyburn advised it would be after HPB and P&Z's next meeting. Mr. Harden advised there, are advertising requirements for Advisory Boards. Paul Dorling, Director of Planning & Zoning, advised P&Z would meet in March and HPB would meet sometime later this month. Mrs. Montague asked Mr. Harden to walk her through the process. 7 February 12, 2008 Mr. Harden explained the process which would be about two (2) months. It was the Consensus of the Commission to go with the alternative Ordinance No. 09-08 presented on February 12, 2008. Mayor Ellis adjourned the Workshop Meeting at 9:35 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on Tuesday, February 12, 2008, which Minutes were formally approved and adopted by the City Commission on _ City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 8 February 12, 200$ WHEREAS, a ready supply of affordable, potable water is essential to our quality of life; and WHEREAS, the Everglades provides a critical source of fresh water to many South Floridians because it recharges the aquifer from which we draw drinking water; and WHEREAS, the Everglades has come under threat from pollution, development, South Florida's fast-growing population, the introduction of exotic species and, more recently, record-setting droughts; and WHEREAS, these circumstances could lead to water shortages that would limit the access of future generations of Floridians to an adequate supply of potable, affordable water; and WHEREAS, creative, real-world solutions are needed to combat this trend; and, WHEREAS, Betsy Damon, founder of Keepers of the Waters, is a world-renown Eco-artist whose work has long been praised for providing innovative, comprehensive water-use solutions; and WHEREAS, Betsy Damon is scheduled to visit the Palm Beach area on Friday, March 7, 2008, where she will be the Keynote Speaker at the Arthur R. Marshall Foundation's Ninth Annual Luncheon. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, and all of the citizens of Delray Beach do hereby recognize Friday, March 7, 2008 as "Water for our Children Day" in the City of Delray Beach and call upon the residents to observe this day by practicing water conservation in homes and businesses, on both a large and small scale. 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 day of February 2008. RITA ELLIS MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager THROUGH: David T. Harden, City Manager Richard C. Hasko, Environmental Services Director DATE: February 12, 2008 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 CONTRACT ADDITION (CHANGE ORDER NO. 1)/RANDOLPH & DEWDNEY CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Addition (Change Order No.l) in the amount of $39,227.86 to Randolph &Dewdney Construction, Inc. for additional renovation work regarding the Pompey Park Community Center Project #2004-052. BACKGROUND At the request of the Parks and Recreation Department, Randolph &Dewdney Construction, Inc. provided a proposal expanding the renovations currently underway at Pompey Park. The additional scope of work will include the following: two pairs of steel doors, frame, and hardware that lead into the indoor basketball court; replacement of all ceiling grid, tile, and light fixtures in the lobby leading westward towards the kitchen/game room/gym area; and pressure cleaning, caulking/waterproofing, and painting of the entire Pompey Park Administration/Gymnasium Building. FUNDING SOURCE Funding is proposed from account #001-4127-572-64.90 (General Fund/Parks & Recreation/Other Machinery/Equipment) and #001-4127-572-46.10 (General Fund/Parks & Recreation/Repair & Maintenance). RECOMMENDATION Staff recommends approval of a Contract Addition (Change Order No.l) in the amount of $39,227.86 to Randolph &Dewdney Construction, Inc. for additional renovation work regarding the Pompey Park Community Center Project. CITY OF DIJLRAY BEACH CFIANGE ORDER TO ORIGINAL C®NTRACT CHANGE NO. 1 Contract Addition PRDJECT NO. 2004-052 DATE: PROJECT" TITLE: Pompey Park Community Center Improvements TO CONTRACTOR: Randoppi- & Dewdney Construction, Ine. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AI~'D TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. NSTIFICATION: Additional renovations as requested by the Parks & Department per the attached Exhibit "A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADNSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ I , I66,884.b0 $ ©.d0 $ ] ;166,884.60 $ 39,227.86 $1,206,112.4b CERTIFIED STATEMEN'T': I hereby certify that the supporting cost data included is, in my considered opinion, accn~-ate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Randolph & Dewdney Construction, Inc. (Contractor to sign & seal} TO BE FILLED OUT BY DEPARTMENT` INITIATING CHANGE. ORDER Funding is available from account: DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACI-I, FLORIDA by its City Commission RECOMMEND: Environmental Services APPROVED: City Attorney By: Mayor ATTEST: B y: City Clerk S:~~ggAdminlProjects12004~2004-052\OFFICIAT..ICO 1 Randolph ffi Dewdney.doc "'~ ~~~i~lp~ ~ ~e~dx~e~ a~as#r~€etio~ ~~ca 1791 ~. Federal Highway Defray Belch, F~. 33483 (569) 2T9-4585 ~' FAX: (5fi1) 279-4885 PROPOSAL SUE3fvi$~'t'~p Tt~: ~rlon~~ X561 } ~4~3-7356 bATlr 2/1 X108 ~3evid dicks, Site Supervisor ~ornpey Park Cel~~ter 1 '~ 0'i ~11/~12r~d Street C3eiray Such, ~°~. 33~ JQl3 NAE~EII_oCATIDI~# 1 "~ d'i NV1i 2nd Avenue L?eir~y ieech, ~~. 33444 _. specifications and estimates for the fol€awing: 1. Pr©v€ds Necessary €abor ar~d/or materials kc~ prepare, prime anc€ pa€nt the exterior to inc$ude pressure c$eaNirtg, cau$king (-nrindows, doers & trim}, malls ~starsdard prearatlcsNlprime coat topctsat~, fascia (~rsard preparatiorrdpril>'ie coat ~ topcoat) aNd doors frarr~es gpr4me coat ~ topcoat}. . ~emo~e, discard aNd rep€ace o pair of -f3 x ~~ rv~eta$ doolrs to the 9yrNnasiurn with assc~ciat+ed herd rare, gout fras~es scCid with cr~NCrete, stktcct3 patch the lrtt~rior side ~~ ~~1oC frarr~es as Needed, patch repair arld paint e~'ected areas of ~t~rk area ot~€~. ~uper~isal~ and geN~ra€ l~ditioras included. 3. $~errtc~e end replace aEE cei$iNC~ ~$ies, dame aNd disease of e~itirs cei$ir~g ~ri~s arld ti$d~s $n corri(~CBr ~ 1 ~ ~rHt~ 'l ~~, l~e~V~ ~Ctd replace all e~l~$fr~ light fixtures, sNtol~elheat detectol~~ a!c gri$les, etc. E~rye~a€! patch ~ 9' ~ C ~ ~'~~3& ~[@" c`~~E d~i~'1r'~e~ ~ t ' ~ ~ ~ #1 ~ $3'l ~ d$C $ ~ ~ " IC~ $ t $ ~ ~ ~] ~rt9~ ~ ~E 3 F ~ r c°~ l~ ~ e~dEl, $ .q g~ /q ,~J ,.g ° J py /9 ' y ~ w 6 e3~ ~y p ~ y po q ~ ~y ~ y ~ w y ~ g ~ y y 9 p ~ p ~g SI i,74GE $$ ~}4~ ~i$a~s 91 fq it nggyoV 6Aa'9Li1,iO1$ [+~r~$~~ irk piltt~ 6'F1186o~. Grid rB~ '9$' 6 ` Gm'S ! F~C E"" CIiE"ecti~r?~$ 'l~ssllred ~~ edge tiles to the exiting calf ng heights j~ carric$or ~. $~ep$a axis€il~ " ~ ~" light fi~ct~ares Frith ~~~ new ~~ X ~s` €ayirl €i~ht ~lxtures il°t carridor ,'~ '$ at~d "$ ~~ 9f3 $ieli o~ rep$acir°~g the old e~St atE~l ~Xtt.lres. ~ubtdtal $38,5385.34 fond C7o~errlar~ $~rerr~iur~ {3°r6~ ~ 142.56 'l"C~'~1~1", X39,227.86 fit' ~!l°+C~~9~~~* cotxaplete in accordance with the above specifications, for the sure of: °~'hi~.y~r~i'~e Tht~~asall~e~ 1"~v~ H~rlcired T~et~ty-seven ®c~llalM~ ~ S~#9QC1 .............. ........... (~39,~~27.86). ~a~'mers'ts to ~e made a~ ~t~l~vvirs Due Upon Comp€etton Atl material is guaranteed to be as specified. Ali work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above spaci~cations involving extra costs, will lie execu#ed only upon written orders, and will becorr~e an extra charge over and above the estimate. All agreements contlrigent open strikes, accidents or delays beyond cur control. l"hls proposal subject to acceptance: within 3© and is void rt t~h~: option of the undersigned. Dway ant€olph .~ili~-i~ ~~! ~° the above pB'ic, 5pecificatlons arrd cC3rFd$tit3l"$~ sre here~3y ~~C~~ted. ~o~ are authored tc~ do the work as specified. l~ayrr~ent will be made as ot~tliner3 above. CBate of Acceptance: ~ Signature MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: February 8, 2008 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 SERVICE AUTHORIZATION N0.04-10/CH2M HILL INC. ITEM BEFORE COMMISSION The item before the Commission is Service Authorization #04-10 to CH2M Hill, Inc. in the amount of $63,579.00 for professional engineering services in conducting Groundwater Modeling and preparation of the Water Use Permit application. The modeling will aid in determining whether the City can pursue additional water withdrawals from the Surficial Aquifer System (SAS) to meet future water demands by evaluating the impact of such additional withdrawals on South Florida Water Management District's (SFWMD) regional canal system. BACKGROUND The City's Water Use Permit (WUP) issued by the SFWMD will expire in year 2010. Regulations recently enacted by the SFWMD will likely restrict the City's water withdrawal from the Surficial Aquifer System to 18.65 million gallons per day (mgd). This amount is considered as the Base Condition, defined by SFWMD as the maximum amount of water withdrawn during any consecutive 12-month period during the 5 years prior to April 2006. With the City's water demand for year 2030 projected at 23.65 mgd average-day basis, the City could experience a shortfall 5 mgd. The City could address this shortfall by considering costly alternative water sources such as tapping the Floridian Aquifer (requiring reverse-osmosis treatment) or seawater desalination. A more cost effective option could be to secure additional allocations from the Surficial Aquifer System, however, the City would need to evaluate and demonstrate that at the requested higher allocation (greater than 18.65) the impact to the SFWMD's regional canal system would not be greater than that experienced under the Base Condition withdrawal of 18.65 mgd. To consider this as an option will require the use of a SFWMD's Lower East Coast Region groundwater flow model. Once the model is obtained, it would require calibration and setup to account for drought periods, average day demands, and rainfalls conditions. Finally, SFWMD will need to approve the use of the calibrated model in the WUP application process. Evaluations of options can be made by running various simulations under the model, and if proved viable, the model will be used as supporting documentation for the City's WUP application modification/renewal. Also considered under this evaluation is the ground water impact of potentially using the existing Aquifer Storage Recovery well (ASR) as a production well. Services under this authorization include Task 1 -Model Suitability, including Calibration and Setup ($10,543); Task 2 -running Predictive Simulations ($25,692); Task 3 -Water Use Permit Application Preparation ($8,954); Task 4 -Floridian Aquifer Groudwater Modeling ($8,306); and Task 5 - Responses to Request for Information from SFWMD regarding the WUP ($10,084). Total cost for Service Authorization #04-10 is $63,579.00. FUNDING SOURCE Funding is available from account #441-5122-536-31.30, Water & Sewer Fund/Engineering and Architectural Services, after a budget transfer. RECOMMENDATION Staff recommends approval of Service Authorization #04-10 to CH2M Hill, Inc. in the amount of $63,579.00 for professional services relating to Groundwater Modeling and preparation of the Water Use Permit application. Service Authorization 04-10 to the Agreement to Furnish Professional Services Dated April 28, 2004, Between the City of Delray Beach, Florida and CH2M HILL, Inc. City P.O. Number: City Project Number: Title: Groundwater Modeling and Water Use Permitting Category of Work: Professional Engineering Services General This SERVICE AUTHORIZATION shall modify the professional service agreement referenced above and shall become part of that AGREEMENT as if written there in full. Changes in the indicated Scope of Services will be subject to renegotiation and implemented through an amendment to this agreement. Introduction The City of Delray Beach's (City's) Water Use Permit (WUP) issued by the South Florida Water Management District (SFWMD) expires in 2010. Recent regulations enacted by the SFWMD will likely restrict the City's future Surficial Aquifer System (SAS) withdrawals so that its impact to the SFWMD's regional canal system is less than or equal to that which occurred under Base Conditions (defined by the SFWMD as the maximum amount of water withdrawn during any consecutive 12-month period during the 5 years prior to Apri12006). For the City of Delray Beach, this is equal to 18.65 million gallons per day (mgd). The City's 2030 demand projection is 23.65 mgd on an average-day basis; leaving a difference of 5 mgd. This 5 mgd differential can be met through alternative sources (such as reverse-osmosis of water from the Floridan aquifer); however it maybe more cost-effective for the City to attempt to secure an additional allocation from the SAS. This could be accomplished by demonstrating (through groundwater modeling) that the impact on the SFWMD's regional canal system at the City's requested higher allocation is not any greater than that occurred under Base Conditions. Impacts on the SFWMD's canal system could be reduced by providing water to existing users who themselves impact the SFWMD's canal system; by increasing aquifer recharge; or some combination of these two methods. While the ultimate decision on the amount of water allocated to the City cannot be guaranteed outside of the context of a WUP modification application; groundwater modeling conducted in accordance with SFWMD WUP criteria could help the City decide whether or not pursuing a greater SAS allocation is a viable option. If the modeling results are favorable for the City, they could be used to support the City's WUP renewal application. The SFWMD has developed a groundwater flow model for the Lower East Coast (LEC) of Florida that includes canals and other components of the SFWMD's regional water supply system. This model was developed by the SFWMD's planning department, not its permitting department; therefore the City must demonstrate to the SFWMD permitting staff that the model meets their permitting criteria in the Delray Beach area. If the model is found to be acceptable by SFWMD permitting staff, then its use would save the City the significant expense of developing a calibrated groundwater flow model solely for the purpose of renewing its WUP. Scope of Services The following scope of services is proposed to assist the CITY in conducting groundwater modeling using the SFWMD's LECsR model. Task 1 - LECsR Suitability CH2M HILL will obtain a copy of the SFWMD's LECsR groundwater flow model via a public-records request. The model provided by the SFWMD in response to this request will be used for all simulations outlined in this SERVICE AUTHORIZATION. It is the City's intent to apply for a modification to its WUP in 2009, therefore the modeling done under this Work Authorization will be performed in accordance with the modeling criteria outlined in Section 1.7.5.2 of the SFWMD's BOR (October 2007) so that it can be used to support the City's WUP modification and renewal application. Section 1.7.5.2 of the SFWMD's BOR requires that a groundwater flow model used for impact evaluation meet the following criteria: • The model must be documented and peer-reviewed; • The model must be calibrated to within ± 1 foot at three randomly-selected monitor wells; • The calibration hme period must be a minimum of 18 months; • The predictive run must include three months of average demand and rainfall conditions, twelve months of 1:10-year drought demand and rainfall conditions, and six months of average demand and rainfall conditions; and • The model must be a cumulative model that includes all permitted users within the City's area of influence. The time period simulated by the LECsR model is 1986 through 2001; therefore only a portion of the simulation period will be used for impact evaluation. Task 1.1 -Calibration and 1:10-Year Drought Verification CH2M HILL will review the LECsR calibration statistics to determine whether or not the LECsR model meets the SFWMD permitting criteria in the Delray Beach area. CH2M HILL will also obtain data from rainfall stations located in Palm Beach and Broward County. The data will be analyzed to identify any 12-month periods where the recorded rainfall in South Florida meets the SFWMD's criteria for 1:10-year drought conditions. This time period will be used for evaluation of the predictive simulations described in this Work Authorization. Task 1.2 -Model Setup The LECsR model input and output files require several hundred GB of disk space. Customized pre-processing tools will be developed to edit the input files so that the City's PAGE 2 OF 8 projected pumpage can be simulated with the model. The tools will also allow for withdrawals from adjacent users to be changed in the input files. The evaluation of impacts to the SFWMD's canals within the City's area of influence will be conducted using the SFWMD's mass-balance post-processing program MULTIBUD; this task includes the development of MULTIBUD configuration files. Additional work included in this task includes the development of batch files for model execution. Task 1.3 -Meeting with SFWMD CH2M HILL will meet with SFWMD staff to review the model calibration and 1:10-year drought verification results. The purpose of this meeting is to gain endorsement from the SFWMD regarding the use of the LECsR model for the City of Delray Beach's water use permit. Deliverable The deliverable for Task 1 will consist of a technical memorandum that: • documents the LECsR model's calibration statistics in the Delray Beach area, and • identifies the proposed 18-month simulation period within the 15-year period of record of the LECsR model. Task 2.0 -Predictive Simulations Task 2.1 -Base Case Impact Analysis If the results of Task 1 indicate that the LECsR model meets the SFWMD calibration criteria and a suitable 18-month simulation period exists, the model will be run to evaluate impacts under the City's 18.65 mgd Base Case withdrawal rate. Three model runs will be required. The LECsR model will be run without any groundwater withdrawals. This run is required to obtain a baseline so that the City's area of influence can be identified. The output from this simulation will be post-processed using the MULTIBUD input files developed in Task 1 to quantify the baseline flux between the SAS and the SFWMD's canal system prior to any pumpage associated with the City of Delray Beach is included in the model. 2. The LECsR model will be run to simulate 18.65 mgd from the City's wellfields. The City's area of influence will be calculated as the difference in model-simulated water levels at the end of the 12-month 1:10-year drought period between the no-pumping run and the Base Case run. The area of influence is defined by the SFWMD as the area encompassed by the 0.1-ft drawdown contour. All existing permitted users with wells or pumps within the 0.1-ft drawdown contour will be added to the model at their permitted rates. The model will be run again to include these users and the City's Base Condition pumping rates (July 2003 to June 2004 withdrawals). The output from this simulation will be post-processed using the MULTIBUD input files developed in Task 1 to quantify the simulated canal/aquifer flux. These results will be subtracted from the canal/aquifer flux calculated in Step 1 to yield the City's cumulative impact to the SFWMD's canal system under Base Conditions. PAGE 3 OF 8 Task 2.2 - 2013 and 2030 Scenarios Many golf courses and homeowner associations irrigate with water from SAS wells or surface water pumps, and these withdrawals have an impact on the SFWMD's canal system. If the City provided these users with reclaimed water and they no longer withdrew water from the SAS or the SFWMD's canals; then their impact on the SFWMD's regional system would be eliminated and City may be able to increase its allocation of SAS water such that there is no net increase in the impact to the SFWMD's regional canal system. Two model scenarios will be developed to evaluate changes in the impacts to the SFWMD's regional canal system if large users are provided with reclaimed water. The first scenario "Scenario B" will simulate impacts in 2013, the end of the five-year allocation that the City would receive were it to receive a WUP in 2008. Although the City's permit does not expire unti12010, if the permit is renewed or modified, the five-year period will start from permit re-issuance (assumed in 2008). The second scenario "Scenario C" will be used to simulate impacts in 2030. The individual users that will be provided with reclaimed water will be determined in consultation with the City. Their pumpage will then be removed from the model. The output from each scenario will be post-processed using the SFWMD's MULTIBUD post- processor and changes in canal/aquifer flux will be quantified relative to those established for Base Conditions. Deliverable The deliverable for Task 2 will consist of a technical memorandum documenting the simulated impact to the SFWMD's canal system under Base Conditions and impacts to the SFWMD's regional canal system relative to Base Case conditions for Scenarios B and C. The technical memorandum will also include an assessment of drawdown impacts to wetlands, saltwater intrusion, contaminated sites, existing off-site land uses, and other users. The impact assessment will be performed using publicly-available geographic information system (GIS) data. Task 3.0 Water Use Permit Application Preparation If authorized by the City, CH2M HILL will prepare an application to renew and modify the City's water use permit. The application process will require the City to evaluate the potential impacts associated with the Floridan aquifer for water supply if such use is proposed. CH2M HILL will prepare an application to renew and modify the City's Water Use Permit with the SFWMD. The application will be prepared in accordance with the SFWMD's Basis of Review (BOR) for WUPs (September, 200'x. The application package will consist of the components listed in Exhibit 1, below. EXHIBIT 1 WATER USE PERMIT APPLICATION COMPONENTS Application Comments Component Main application Prepared by CH2M HILL form Site and location Prepared by CH2M HILL maps PAGE 4 OF 8 Aerial photo Prepared by CH2M HILL Table A Prepared by CH2M HILL based on information from previous WUP Table F (Past Water Population projections will be based on previous WUP application and SFWMD LEC Use) plan Table G (Projected Population projections will be based on previous WUP application and SFWMD LEC Water Use) plan Table I (Treatment Prepared by CH2M HILL based on data provided by the City. Methods and Losses) Table K Prepared by CH2M HILL based on data provided by the City. (Interconnections) Water conservation To be provided by the City plan Saline water To be provided by the City monitoring plan Impact Evaluation Prepared by CH2M HILL (Task 2 of this Service Authorization) (Surficial Aquifer) Impact Evaluation Prepared by CH2M HILL (Task 4 of this Service Authorization) (Floridan Aquifer) Calibration Reports To be provided by the City for Well Flowmeters Application fee Paid by the City ($8,500) The deliverable for Task 3 will consist of a water use permit application. Four copies will be submitted to the SFWMD. Task 4 -Floridan Aquifer Impact Evaluation The City would like to secure the ability to use its existing Floridan aquifer well for blending. Under SFWMD permitting guidelines, an impact evaluation (groundwater modeling) must be conducted. CH2M HILL will develop an analytical groundwater flow model using Aquifer Win32 to simulate the impact of pumping the City's existing Floridan aquifer well at a rate of 1.5 million gallons per day (mgd) for 90 days. Any other permitted or proposed Floridan aquifer users within the simulated 1-ft drawdown contour will be included in the model at their allocated rates as part of a cumulative impact evaluation. The deliverable for Task 4 will consist of a technical memorandum documenting the development and results of the groundwater flow model. Task 5 - Response to SFWMD Requests for Information (RFIs) (Allowance) While reviewing the City's WUP application, the SFWMD may request additional information from the City. These types of requests may include questions about population and demand projections, groundwater model scenarios, and the implementation of reclaimed water offsets. Task 5 is established as an allowance to cover potential RFIs from the SFWMD regarding the City's WUP application. No work will be performed under Task 5 without authorization from the City. Scope of work and deliverables will be identified as required. PAGE 5 OF 8 Schedule CH2M HILL will commence work on the Scope of Services described herein upon receipt of a fully executed copy of this Specific Authorization from the CITY, which will serve as the notice to proceed. Exhibit 2 summarizes the proposed schedule. EXHIBIT 2 Proposed Project Schedule Task Time of Completion Start Duration Task 1 - LECsR Suitability Upon Notice to Proceed from the City 6 weeks Task 2 -Predictive Simulations Upon completion of Task 1 8 weeks Task 3 -Water Use Permit Application Preparation Upon authorization and receipt of necessary data from the City 2 weeks Task 4 -Floridan Aquifer Modeling Upon authorization from the City 2 weeks Task 5 - RFI Responses Upon authorization from the City To be defined as necessary Assumptions If the SFWMD does not approve the use of the LECsR model for Delray Beach's Water Use Permit, the development of another model is not included in this scope of services. The LECsR model is considered to be a draft model and is still being updated by the SFWMD. The model was used by Miami-Dade County Water and Sewer Department for their water use permit renewal, so there is a precedent for the SFWMD to accept its use in the WUP process, provided that all the BOR requirements are met. The model simulations described in this scope of work will be performed one time, using the model files received from the SFWMD via apublic-records request made at the start of the project. CH2M HILL will contact the model developers at the SFWMD to determine if they are aware of any issues with the model that would preclude its use as described in this Service Authorization. If the SFWMD makes any subsequent changes to the model, or features of the LECsR model are found to be deficient at a later date; an amendment to this SERVICE AUTHORIZATION will be required. • The LECsR model is assumed to be calibrated in the vicinity of Delray Beach. Should Task 1.1 indicate otherwise, additional calibration will be required. Such calibration is not included in this scope of services and will require an amendment to this SERVICE AUTHORIZATION. • The simulation of additional scenarios other than those listed in this scope of services not included and will require an amendment to this SERVICE AUTHORIZATION. • The development of avariable-density or solute transport groundwater model is not included in this scope of services. • Participation in additional meetings with the SFWMD besides the meeting in Task 1.3 is not included in this Service Authorization. PAGE 6 OF 8 • Hydraulic properties used in groundwater modeling shall be obtained from the literature or previously-conducted tests. Additional testing or data collection is not included in this service authorization. Site visits, wetland delineation, or other field work is not included in this service authorization. This service authorization does not include responses to requests for additional information (RAIs) from the SFWMD. Compensation to the CONSULTANT Compensation for the work described in Tasks 1 through 4 of this Service Authorization shall be on a lump-sum basis in accordance with Section VILA.1 of the Agreement. A summary of the fees for each task is shown in Exhibit 2, with a break down of the labor hours and expenses shown in Attachment A to the Service Authorization. Compensation for Task 5 shall be on a time and materials basis in accordance with the hourly rates shown in Exhibit A. The total compensation authorized by this Service Authorization is $63,579.00. EXHIBIT 2 CH2M HILL Payment Schedule Task Fee Task 1 - LECsR Suitability $10,543 Task 2 -Predictive Simulations $25,692 Task 3 -Water Use Permit Application Preparation $8,954 Task 4 -Floridan Aquifer Groundwater Modeling $8,306 SUBTOTAL $53,495 Task 5 - RFI Responses (Allowance) $10,084 TOTAL $63, 579 Invoicing shall be monthly, and shall be broken down as a percent complete. 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 will commence work on any service authorization approved by the CITY to be included as part of the contract without a further notice to proceed. PAGE 7 OF 8 Approved by: CITY OF DELRAY BEACH: Rita Ellis Mayor Attest: CH2M HILL ,INC. (Corporate Seal) (date) Rick Morales (date) Vice President and Area Manager Approved as to Legal Sufficiency and Form Witness (date) Witness (date) STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this day of February 2008, by Rick Morales, Vice President and Area Manager, CH2M HILL, Inc., a Florida corporation, on behalf of the corporation. She is personally known to me and (did/did not) take an oath. 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Harden City Manager DATE: February 13, 2008 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 RESOLUTION OS-08 -ROADWAY TRANSFER AGREEMENT WITH FDOT FOR DEPOT ROAD ITEM BEFORE COMMISSION The item before the City Commission is approval of a Roadway Transfer Agreement with the Florida Department of Transportation (FDOT) that will transfer jurisdiction of Depot Road to the City. BACKGROUND Historic Depot Square is a mixed use development consisting of 296 dwelling units and 90,135 square feet of office floor area. The development proposal includes the relocation of Depot Road from its current location along Interstate 95 to the west side of the property along the CSX railroad right-of- way. This relocation will first require the conveyance of Depot Road from FDOT to the City. After the conveyance, the City will abandon the roadway as part of the development approval and accept a realigned roadway replacement by plat dedication. The City Commission previously approved a Draft of the Transfer Agreement at the June 4, 2007 meeting. The final agreement is now before the Commission for approval. RECOMMENDATION Staff recommends approval. RESOLUTION NO. 05-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A ROADWAY TRANSFER AGREEMENT FOR DEPOT ROAD FROM NW 2ND AVENUE TO LAKE IDA ROAD FROM FDOT TO THE CITY AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, the Florida Department of Transportation shall transfer that portion of Depot Road from NW 2"d Avenue to Lake Ida Road to the City and the City accepts all responsibility for the operation and maintenance of the road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recital set forth above is incorporated as if fully set forth herein. Section 2. The City Commission of the City of Delray Beach authorizes the entry into the Roadway Transfer Agreement to transfer Depot Road from NW 2"d Avenue to Lake Ida Road from the Florida Department of Transportation to the City and authorizes the execution thereof. Section 3. The Florida Department of Transportation shall transfer that portion of Depot Road from NW 2"d Avenue to Lake Ida Road to the City and the City accepts all responsibility for the operation and maintenance of the road. PASSED AND ADOPTED in regular session on this the day of , 2008. MAYOR ATTEST: City Clerk FDOT/CITY OF DELRAY BEACH ROADWAY TRANSFER AGREEMENT (DEPARTMENT TO CITY) Depot Road from NW 2°d Avenue to Lake Ida Road (©.461 Miles) THIS AGREEMENT, made and entered into this day of , 2408 by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the DEPARTMENT, and the City of Delray Beach, hereinafter called the CITY; WITNESSETH WHEREAS, Depot Road in Palm Beach County lies within the City of Delray Beach and is currently on the State Highway System; and WHEREAS, the CITY, has requested the transfer of a portion of Depot Road to the CITY Road System, and this transfer is mutually agreed upon, between the CITY and the DEPARTMENT and, NOW, THEREFORE, THIS INDENTURE WITNESSETH: in consideration of the mutual covenants and promises herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CITY and the DEPARTMENT agree as set forth below: This Agreement sets forth the terms and conditions under which the CITY and the DEPARTMENT will abide, conunencing on the date of approval by the DEPARTMENT Secretary. (a} The CITY accepts all responsibility for operation and maintenance ofDepot Road from NW 2°'' Avenue to Lake Ida Road (0.461 Miles) as depicted on the Sketch and Legal Description attached hereto as Exhibit A. In addition to the roadbed, this agreement includes all curbs, culverts, bridges, and drainage structures within the Depot Road right-of--way at the time of transfer. This includes the existing cross drains below Depot Road, as well as the Swale area adjacent to the roadway, which City specifically agrees to continuously operate and maintain. It is understood that the Swale area and cross drains are currently accepting drainage flow from a portion of I-95 roadway and that these facilities will be maintained to continue to accept the flow. The City agrees that any modifications to the Swale area or cross drains must accommodate the existing drainage from I-95. (b) The DEPARTMENT gives up all right to the roadway, except as maybe specified in this agreement. • The DEPARTMENT retains the right to I-95 drainage flow into the existing Swale area and cross drains. (c) Notwithstanding the drainage restrictions in 1 (a} and (b) above, it is understood that the Department's drainage requirements maybe satisfied by incorporation into the plat of the area. It is further understood and agreed that upon the official approval and recordation of the plat containing the Department's drainage requirements, then the retained drainage rights in Paragraphs 1(a) and 1(b} herein shall be automatically terminated and the Transfer Agreement shall be free and clear of such drainage obligations with respect to the transferred roadway and all such road rights shall be deemed to be transferred to the City. (d) The DEPARTMENT will retain ownership of all Right of Way associated with the I-95 corridor as further defined in the attached Exhibit A. Transfer Agreement Depot Road City of Delray Beach Page 2 of 3 {e) It is agreed that all obligations of the DEPARTMENT, under any maintenance, ar utility agreement or other such agreement, relating to the road to be transferred, as listed below, shall be transferred, at the same time and in the same manner as jurisdictional responsibility. • No agreements found (f) The transfer of jurisdiction of the road shall be effective following approval of the DEPARTMENT Secretary and the right-of--way map reflecting the transfer shall be recorded in the Public Records of Palm Beach County, Florida. 2. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 3. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communication, representation, or agreements, either verbal or written, between the parties hereto. 4. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 5. For conununication purposes, the parties may be reached at the following addresses and phone numbers. FIorida Department of Transportation J. Douglas O'Hara District 4 Planning & Environmental Office 3400 West Comtnercial Blvd. Fort Lauderdale, Florida 33309 Telephone: (954)777-4601 Fax: (954) 777-4671 City of Delray Beach City Manager, David T. Harden 100 N.W. 15~ Avenue Delray Beach, Florida 33444 Telephone (561) 243-7010 Fax (561) 243-7199 With a copy to: Susan A. Ruby City Attorney City of Delray Beach 200 NW 15t Avenue Delray Beach, Florida 33444 Telephone {561)243-7090 Fax (561)278-4755 6. Each party is an independent contractor and is not an agent of the other party. Nothing contained in this Agreement shall be construed to create any fiduciary relationship between the parties, during or after the Transfer Agreement Depot Road City of Delray Beach Page 3 of 3 performance of this Agreement. Neither party shall have the authority to bind the other party to any obligation whatsoever to any third party without the express specific written consent of the other. 7. No modification, amendment, or alteration in the terms of conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. If any part of the Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of the Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF CITY OF DELRAY BEACH BY: Rita Ellis., Mayor Board of City Commissioners APPROVED AS TO FORM Susan A. Ruby, Esq. City Attorney ATTEST: BY: APPROVED AS TO FORM Laurice Mayes, Esq. 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Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: February 13, 2008 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 RESOLUTION N0.07-08/FDOT/JPA/SHUTTLE EXPANSION ITEM BEFORE COMMISSION The item before the City Commission is that of approving a Joint Participation Agreement with the Florida Department of Transportation (FDOT) to accept grant funding in the amount of $180,180 over the next three (3) years to fund the expansion of the Downtown Roundabout Shuttle System. BACKGROUND At the City Commission workshop of February 12, 2008 staff was directed to proceed with finalizing a grant from the FDOT in the amount of $180,180 over a three (3) year period to expand the Downtown Roundabout Shuttle Service. The proposed expansion is to add a third bus to augment Route 1 between Tri Rail and the Beach. The grant is a 50%-50% matching funds grant, totaling $180,180.00 for a three (3) year period ($60,060.00 per year). The proposed expanded schedule, Monday through Friday, 7:00 AM to 7:00 PM, at the current cost of $38.50 per hour, would cost a total of $120,120.00 per year (60 hrs. per week @ $38.50 = $2,310 x 52 weeks = $120,120.00 per year). The following is the annual funding for the expansion: -FDOT: $60,060 per year -CRA: $30,030 per year -City: $30,030 per year Attached for your review is the Joint Participation Agreement that must be ratified in order to receive the grant funding. The City Attorney's office has reviewed the document and attests to it's legal sufficcciency. REVIEW BY OTHERS The CRA, at its meeting of January 10, 2008, confirmed its commitment to contribute to funding the proposed expansion of service. FUNDING SOURCE The shuttle service is currently funded through account # 001-3151-545-34.90. RECOMMENDATION By motion, approve the Joint Participation Agreement, accepting the grant from the Florida Department of Transportation in the amount of $180,180 over the next three (3) years to expand the Downtown Roundabout Shuttle System. RESOLUTION NO. 07-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORATION FOR FUNDING OF THE TRI-RAIL SHUTTLE SERVICE EXPANSION AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, THE City of Delray Beach, Florida desires to approve the Joint Participation Agreement for funding of the Tri Rail shuttle service expansion; and WHEREAS, the City Commission authorizes the execution of the Agreement. NOW, THEREFORE, SE IT RESOLVED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitals set forth above are incorporated as if fully set forth herein. Section 2. The City Commission of the City of Delray Beach authorizes the entry into the Joint Participation Agreement between the City and the Florida Departmealt of Transportation and authorizes the execution thereof. PASSED AND ADOPTED in regular session on this the day of , 2008. MAYO R ATTEST: City Clerk sr~~ ~ Ana ra~err ~ ~w~zarx~ ~ PEI~LIC TRANSF~}RTATIClIPi '''~"~`~"~"°" /~yy J+~ ~y y p+~ n q~ y~~1 x ~w~,q y~ +y~ o~o-r ~Lll\ E If"l'SES t {~~T~ f iiLJ3i f"AiiEti~ERI~i~ i f~a 1 aE 1~{ Fir-enpal Protect NQ.: F~ncl: DDR FLAiR Approp~: 08877! 42273 t 18~ii3T 1=urwctinn: 215 FtAiR C~j.: 712 "'' -c ~°'"~ ~ederai No.: NIA Org. Code: 5504201029 Contract No.: DUNS Nc~.: NfA Vendor No.: P59500o3i38028 CFDf1 Number: NJA CSFA Number: 58.012 THIS AGR1 EM~NT, rn artd erwter`ed i~wtfl g'tis dgy of by arwd t~atuveen the STAl'l~ C}F FLt~RIflA ©EP'AFtI"l~l~hiT dF TRANSPCIRTATIQN, an agency ref the Ste#e ref Fiorrcts, hereinafter referred to as the i)epartrrwerwt, rend City r~# Delray ~ 434 S. Swin#c~n Avens.~ f:?eiray Beach, l~brCtfa 344 hereinafter referred to es Agency. The peparttx~ent and Agency agree ttwet sail terms of this Agreerr>ent will be carrwg~etsd on or before 12/3 T t2DtI9 end this Agreemerwt vuill expire unless a tune extens~sn is provided in ac~'dar~c:e wraith S~i~n 'I$_t?(}_ WITNESSBTN: 1a•M~REAS, the Agency has the authority to enter into Agxeernerwt ar~i th ur~terkaicee p~ hereirweftsr , and the Department has been granitrci ~ euth€ariry io funct~n adequately irw ali anew of ~propri:~ts jur~dictiors irtcludirrg the implementa#ion of an integrated erwd balanced trans~rtation syster-w end is autharrzed under 341 Florida S#a#utes, to enter into this Agreer~t~lt. NC?W, THEREFC3f:l~, in consider~ticxw flf the mutual covenants, proftrfsses srtd representations herein, the parties agree as follows: 1.t}t# Purpc of Ag~errter~: The purpose of th~ Agreerrwen# i~ fib provide funding to the City of betray t'3eaeh #~ Tr"€-Pfeil stwuitle se~rwric~a e~naacrn. arwd ag further deacribed in Iwxhibit~s~ A,B,C,D aEtwr3d hereto and day this reference made a parf hereof, har~inafter referred tta r3€S the prot~' ec#`"~ en~to prov~ep~rbrT~erwiai hrstCial sistar~e~r to the Ancy and stater the terms and rxsnditions upon vrh~h 5trch assistanrae wip be pro~ded and the understdings as to ~ rwtenner ir} wh%h prt~jeGt wit! be undertaken d cvr~w~letsd, ~~. s.ac ~wn~isrr~,na~ r~s~a. 2.tlf3 AGCOrt-piiahrs~ent of Px~ect ' 2.10 ~anet`al R+~ulren~: The Agency Shah rorrsmenaa, and tx~'rsp~te tl~e project as descritaed in ~acisibit "A" attached hereto and by this reference rra a part hereof this Agr~ment, with all pracfiCai dispatch, irr a scaund, econorraical, an~3 efficien# manner, and in accaordan witfa the provisions herein, art ali eppticatale laws_ 2.~t1 Pursuan# to I"ecfaerat, ate, arsd t_ocai i~aaw; in the avant that ar~y atactson, referendurrr, approvaal, pem~it, notice, or ottser proceeding car ac~#torla<atiran is r~uisite un~r ~apitcable lsnn+ to enabie the Agency to enter into this Agreement or to undertake the pa~oject hereunder, or fo observe, assurr~s gr carry out any ~ the prov~icans of the Agreerraent. the Agency vvili ini#~ke and consaamrste, as provided by l~rv, ai! actions nesaessaay s~+itis respec# #o any such matters so requisite. 2.30 Faenda ttf the Agerr~r: The Agency stsatl initiate and proaecuie #ta txarr~leta ail proce~lings rsessary including federal aid requirements to amble fire A~ncy tca provide ttre nary fun€is fear cxarnpls of Ose project. 2.40 Submisaion cai` Proddings, Contrpct+s arm Either i'~umer~: The Agency shad submit to the ~partrrsettt such data, reports, cords, ccan~ts and other dements rela#ing to ~e project as the l~partrnent may require a$ listed in ~aehibit "C" attaclsa~i hereto and fay this reference made a past hereof. 3.QQ Prxsject Cwt: The rota! estimated txs~t of ttre proj is ~ 3~~,~~-~ ,'T'his ameaunt is based upon the estimate Surnrnarized irs ~achibit "$" attached heretsa and fay this reference made a part herf ibis Agreement. The Agency agrees to bear all eans~ in ext of the tai estirrta#~ c:osst of prcaject and aa'!y ciefurts involved. 4.00 C?apartmsM Part3t:ipmi#lon; Ttse C3eparttnen# agrees to rrraximum partiCipn, iracludirsg t~ntirrgencieS, in the pr£aject in the amount of ~ 'l t3fl, ~ SO.Off as detaiied in xhibi# "B", tar in an ame3urat equal to the per~cetstage(s) of iotai project cast shosrun in ~chlbit "t3'", whichever iS X5.5• 4.10 Prsaject Cost ~liigibillty ; Prrsjsct Costs eligible for State participation wiil be ailowed tansy frtarrs the effective date of this agreemea~a#. It is understood #itat Skate partici~tfon in eligible project casts ~ sulajed taa: {a) legislative approval of the Cpartrrsent's r~pprt~rlatir~n requesi ~ the wc~ic program year that the project iS schedulacl to k're aprrrrrtiti~i; ~bj Availability of funds as Stat~zd in win 17.t~ of this Agnomen#~ {c) Approvai of ali plans, spermcations, cc~'str,ts or other t~~gatir~ documents and atli other term$ of this Agreee~nf; ~d) i7efaartaraent approval rff the prcajeCt a and budget (Each~~aits A & Bj 2~t time appropi°iation authoriiy tomes availabie, +t.20 Pront End Fundlssg : Front ersd Banding ~ is ~* iS ript applicable. If applicable, rise C~~rtrnent may initially pay 1 t#Q°~ of the total allowataie incurred project txasts up io an ars~ount equal tca its tcatsl share of peripatican ag shown in paragraph 4.i#i3. ~.t7Cf Ftetainage : Retainage ~ is Q is not ;5pplicalrsle. If applicable, T~IlA psrCen# taf tine Caepartmen#'s total sharar of participation as shown in paragn~ph 4.~3 is io tae held in retainage tta be disbursed, et the Cfepartra~nt's discretitrts, can or taefare the crsmpletitan of tlse Bnai project audit. rasu.:~e ~ ar,i 6.Q#3 Project Budget and Payme~-t Prxtrri+sions: 6.1 p The projrgct Budgr~t: A prc~ect budget shall be prepared by the Agency and approved by ttr~ E~partr~ernt The Agency shall maintain said budget, carry out the prajec't and shall recur obligations against and rr~ke disburs~merrts of project funds only ire cssnfgrity vaittr the latest apprd budget fqr the project. Ncs budget increase or dace shall be effective unless h cctmplir?s with fund partic~Pation requirem8nts established in SeCtitan 4_~1 of this Agrttrerrt and is approved by ttre [3epattrrrent Corrrptrolier, 6.2ft Pay~rnent P~isians: Unless o~'wise allowed under Section 4.2ti, payrrrent will t't~irr in the year the project or project phase is sc~redufed in the r~rork progran'r as of the date of the agteerrrent. Payrrrent will be anode #sar ~tual costs incurr~t as of ttre data the invssice is subrraitted with the final Payer due upon ript cif a .fina# invoice. 7.C?A Accctun#ing R~oatis: 7.1tt ~tahiishment ancf Ill~rirrtenance stf Accounting ReCe~rt'1s: Tt~'~ shelf establish far the prs~ect, in carrfarmity with requirements established ty Uspartment`s program gukielinesJProcedures and "Prir~iples ~ Stafte acrd Lava! Governments", separ'ats accounts trs be maintained within ~s eatisting at~oun~ng system or establish indeperrderrt ateaunts. Such acccsunts are referred t© herein sxrlie[~ively as the "pt~aject account". f~urn+::rrtatic~rr of ate projet:t as~outrt shall be rnadr: available to the i~~rtrrtent upon request any time during the period of the Areerraerrt and ft~' thr~ years otter final payment is rrrade. '~.~ Funde Received Qr' Nilade Avaiia#afe far The t~rrsject: T#~e Agency shall apprapriate#y retard in the praJect account, and deposit in a bank ar trust cxtmpany wtrich is a rnsmber of the F~era# Depose insurance ~ztaoration, all faayrrrents received by it from the G3epartrrrent ptrrstrant try this Agr~nt and ail ether funds provided fs~, accruing tcs, crr° othenovi5e received on account of the prr~ss~, vuhictr i~partrrreM Payments and other funds are here~e collective#y referred tea 85 "project funds". The Agency shall require depositcsries ref proj~t funds tp secure Cdntinupusly arcd fully elf project funds in excess of the amounts insured under federal plans, or under State purrs which have bin apprraved for the deposit of project funds by the Departrnerrt, by the depositor setting aside of ~llateraf of ttre types arrd in the rrranner as Prescribed tsy State Law far the security of public funds, or as approva~f by the bepartrs~±nt. T.~O Costs incurred for the Project: The Agency shall ehar~ to tyre progect aeccnaant elf eligible firsts of the project. t;osts in exc of tthe latest approved budget ar attributable eta actksns whic3r have not received the required approval of the E?epartrrrerrt shah asst tae aonsis~n~ eligible casts. 7A0 C~ncumer~rtitsrr of Projr3ct Coate: Alf casts charged ~ th8 project, inclr~rting any approved services s~ntributed by the Agency or others, shalt be supported by properly executed payrolls. tirrrs reronds, invoices, contracts, or vouchers evidencing in proper detail the r~ture and praprir tsf the ctrar~s. 7.5t1 Checird, ©rrt+arn, and Vpucfrers: Any t~reCiz car strder drawwn by the Agen~r wi#tr re5~ct tts any iterv which i~ ar will be chargeable against the project asxxstrrrt will be drsrwrr only in accordance yrrith a pra#~iy signed vouctrer t#~rsn on fife in the office of the Agency stating in profser detaiE tine purpose for whidt sus~r chefs or order is drawn. All acs, payrolls, invoit~s, cxsrrtracts, vouchers, orders, nr othcrr accounting doc,~rmerrts perCalrrlrrs~ irr what ar in Part to the project shall ~ clearly identified, readily accessible, anti, to tare extent feibfe, kept rparete and apart from ail ether' such documents 7.6fl Aadit Rapa€ta: lrr additktra tea the requirements beksw, the Agency agrees to c~~tpiy and with any monitoring procedureslProcesses darned ~propriat+e by the f~spertrvrent, including but riot litrrrited eta sib vomits and limited stx~ audits. The Agency further agr'eres to txtrrrP#y acrd cooperate ueith any ins}~sr.:tiaets, rt3Yielhr~, investiga#iprrs, qr audits deserved necessary by the State Comptrcaller' or Auditor Getaeral. The Agency shah retain sr,rfflcisrtt retards demonstrating its comPiiance wittr the tetras of thix Agnrrresat for a Pentad of three yeah frarrr the dam the audit report i5 issued, and shall al#ornr the Departrrrent mess tts such reeaords arrd v~carking papers urn request. The followins~ rectrairemen#s do nest limit the authority of the t~aar6rrsnt tat condus~ or arrange liar' the cxxndtsct ref addifiorra6 audits or evaluations of state financial assistance tar lirtrit the authority of airy ate agencytrrsPec#tar general, the Auditor General, or any other state official. Thy A~nc~ sh~il t:~mp~ wj~t III ~tidjt end ~udjt f~3pi:iftll'~ r~uirem~rl~s ~s sGi~i#~ in x~lj~ "~" ~d hf3cf~l~ ~ffd ~Y this reference made g Part hereof this Agreement. r~ pug g~.~r,,^nc~+ tsar +or ~a 7.61 Monitaring. In addi#lon to r~aviews of svdits cxanducted in ~rxardarace with t~8 Circufa~r A-133 and Section 215.97. Fkarida Statutes, >ise+a$ "Audits`` taelow), rnanitc~ing procedures may include, but not t limited to, tan-site visits. by l~epartmerat staff, limited s~pe audits as defined fay C}MH Circular A-133, andlor o#tter proiures. The Agency agrees to saomply anti Cooperxate fully with any n3onitoring prosdureslproossses deemed appropriate by tfte ~pastrraen#. In event the l~epattment determines that a limited scope audit of ttre Agency is appropriate, tl~e Agency agrees to c~arraply with any additiosaal instructions provided fay the 13epartrnent staet tra the Agmtcy tegardirag such audit. The Agency further agrees tq cornpiy and cxaoperete with any insptionS, rG'vieV~+S, irtivestigatlts, or audits deerried rseessary by F~7T's C3ffice of Inspector General (~1Gj and Fkarida's Chief Financial C7ft"+ces' ~~i=(7) ar Auditsar General. 7Pt3i2 Atrdita: Part 1 f"et9erafly Fonder!: if the A~}ency is a state, bcai gtaverstrraerrt, or non-profit organizat~rans as det~ned in OMf3 CirGUlar A-133 and a n3Gipient taf federal funds9 the following annum 2ttadit criteria will apply: 1. In the event that the ree.~aient expendr~ 0,£7t3t) or more in Federal awards in fiscal year, the recip~nt must have a single car program-specific audit >^arandud~l in acGOrdar-ce with the prO+rins of (iM~ Circular A~133, as revised. Fxhitait "D" to this agreement indicat65 Faders! restaurGes awarded tfarough the 13epartnaent fay this agtaerrrant, In determining the Federal awards exper~ted in its fsstAal year, the recipient shad consider all strurces of Federal av~rards, including Federal resaurcas received frorra the D~artsa~aent. The determination of amoursts taf Federal awards expended should fie in atx;ordanc~ wit#a the guidelines estatalisfaed by C)MB Clrcaalar A 133, as revisert. Aar acsdit of the reGip~rat conducted by the Autlitflr General ire accordance with the provisions r;JM13 Circular A-133, as revised, will meet the requir~nts of this mod. 2. In ~nnectaon with the autl3t requirements addressed in Part i, Paragraph 1., the rsient sfrali fulfill the requirements restive tta guditee rtbspons~ilities as primed in Sutapart C taf C3M~3 Girc~slar A-133. 3. ff the recipient expends less then the an~aount in ~d 'I, Paragraph 1 „ an audit conducted in accordance with the provisions of <3M13 Circular A 133, is not required, ff the recipient elects tra conduct suc#~ era audit, the cost of the audit must be paic9 frcarra resources obtained fror» ottaer than Federal entities. d. Federal awards are tq lee identified aasirag the Catait~ of Federal Mastic Assistance ~CI"4~A} title and nurraber, evrard number and year, and Harris of the awarding #~leral agency, :Part ff $ta#+~ Funded: ff the Agena:y is a ntanstate entity as defined by Serstican 215,97`(2}{m), Florida Statutes, and a s~ecipiertt of state funds, the ftal~awing annul audit triter will apply: 1. I n the event that the recip'sen# expends a total amousrt of smote finar-Gial assistance equal to or in eac~ caf $, 4CItl in any €asral year, the rpient Hauer have a Mate single nr project-speaf audit for such fiscal year in at~rdant:e with Section 215.37, Florida Statutes; applicable rules taf the i~pastnraerrt of Finant~al Servers acrd the CI"d; and Ch~atess 1(1.55(3 (local governmental entit~s) or 1 f#.€c5i3 (rrr3nprrat'it and firer-presgt orgart~tions}, i~aales saf the Actdittsr General. Eadaibit "R" tca this a~gresment indicates state ~anaracaal assistance awarded throcah the C~epartrrtent fey this agreerraent. In deterrraining the state financial assistaax~ expended in its fssGal year, the reaient shall consider all sotaroes of state financial assistance, including state finanl assistance ret:eived from the I]epar#rraent, other state agencies, Arad otfaer nonstate entities. State fi»ancial assistance dc~s not include Federal direct or l~~ ihrougf3 awards asrcl resourca~s r~eived by a nranstate entity foe Federal program matching requirerr~nts. 2. Ire cgnnection with the audit requirements mddresd ire Past 11, Paragraph 1., rip~nt shall erasure ti'tat ttte audit vompkies with fire requirnts crf Section 215.97'{7), Florrda Statutes. Then includes sufxraissitm caf a tinaraceal reporting paclc~e as defined by S~tion 2'15.97{2?(e}, Florida Statutes, anti Chapter iQ.55f1(local gcaverrbrnentalantities} or 1 U~6S0 (nnnprtafit and for-profit organizations, Rules taf the Auditor general. 3, if the recipient expends less than the amount in mart ll, Paragrapft °l., such audit is not required. lg the recipient elects to induct such an audit, the crest of the audit nit t~ paid frram the recipient's re€srtaes ottained ~ r-canstate entities. 4 State awarda are tta t~ idgrttified using the Ca~log €af State Financial Assistance (CSFA} and numfa+er, avaard r9umtaer and year, and nartte of the state agency awarding it" ~s P(~4tG 3'f,'R&5f'btal~Ar"4YN~1 p&I)7 4~1.i Ipart 111 C3ther Audit iFte~quirerrrer~ 1. The Agency sfralt #olk~ww-€~p arrd ~~ c:orrective action on edit #indir~s. F're~ratipn of a sarrsrr~rary sclretie~~ of prior year audit findings, iroole~ting cprrective act and t~.rrrerrt stag ~# fire audit finditrgs is required. Current year audit findings rewire corrective anon ~rnd 5t8t pf ~indirags. ~. Recesrds related to unresotved audit findings, appe~sts, air litigation she!! be retained unfit ttre n is exampleted 4r the dispute is resnlveei. Acmes tp profit re~rds and a€sdit rsrcrric papeis €~trall be given to tt~ 13epartrrrerrt, tare [7epartrnent Comptralier, arrd tk~ Auditor General. This sectitan does rtc~t lirrrit the authority of the ~lepartrrrent to cpnduct csr arrange for ttre conduct of a[lditis~'ra! audits €rr evaluations pf state finarrl assistance or limit the auth®rity of argy other stags o##icial_ Fart 11l Re~rt Sutsrrrion Copies of reporting paclcagss #csr audits ~rAtlucied ire atrdan~ wi#r UMB Gircviar A-133, revised, aril requir~i by Se~ion 7.522 Fart l t~f this agreement steal! subrrritted, rvlrerr required by S1ic7r4.32€3 (d}, 4~-S Clrc~lar A-1 ~. tay ~ sin behalf cif the rerapient dirsectly fc each c~# #ptlpwing: A. Tire Departrraen9 at ear pf tare #csllcrwing address: Fltrrida l~per4ment caf Transp~tati~t Q~ice of Modal Caevrr~nt 34itf3 West Cr~rrrner~ial 13lvti Fort t.auderdale, Fkxida 33~ ~. Ttre nursaber of espies required by is .32{3 {d){1) and (2~, i~AA Circ~,alar A-133, sutarrtittecl tv tta~r follsswing address: FrdC Audit Clearing#rcause ~n~u t># ire Census 12131 East 19th Street ,3affer~nville, IN X7132 C (7ttrer Faders! agencies and passr-3trrpugta entities in ac~prdanC-e with Sections .320 (e) and (f}, Of+~B Ocular A-133. 2. to the ant tfrat a crapy a# tfre reporting package for an aaadit rega~iresd by Swan 7.fi2 Part f ca# this Agms3rst and caraducted ire accordance wi~r {)MB Circular #~-133 is npt required rtes be sa~brrsita~ tcs f:#ae t~p-arttr'aent #s~r r~~,urs pursuant to sectiprr .3217 {e)~2), CMl3 Cir~,alar A-133. ire reciipient shalt subanit ~ required women nptification paarsusnt to Secti~rr °3213 (e)(2) and a t~py tsf the recipient's audited schedule cif expendures cif Federal av++a€rds dir~tly to each of the #:ottcrvrin: Flc>ridra Department of 7rsnspnrtatie>n t7ffice of Mods C?ev~r~sarEerat 3~0 Wes! ~mmerCi~rl ~ 1=4rt La~ierdate. FIc 3331:39 !n addition, pursuant tD faction .320 ~#~, ~B C#rcu#ar A-133, as nevise€1. thr: rerint strap sutif a soptr c7f ttse rrt3p~rrg pa~Icage descrit~d in Sec#iQn .3203 ~C}. ~AA#3 ~rcutar A-133, and arry rrraraagerrrent letter's sued by the a3uditor, to #lre C~~aar#rraent at each a# the ft~lloyxing addressee: Fltxida DepertmeM of Tran~ortatiz~ C)t(ire of Made C3e+~elc~xner~ 34fX11Nie~t Ct~nmen~a! 8fivd Fwt ta~ularz3ale, Fiari~a 33,'9 naa ~~~ `rr~sr~SM~ar.~r~ o~u~t a~r~ 3_ Copies of financial rspcrtirsg p~sages required ~y motion 7.62 earl Il of flats Agreement sl~ll ~ 5ubmd by s~- behalf ~ the recipient directly to each of the ft~lirag: A. The ~epaant at eat;h of the following address+ss: Florida De~rtrraerrt of Trar~s~artatlnn Ott of Mtad~ 13evmerat 3A()t31lVtest Gar€anaert~ao ~vd Fnrt tra~ierda[e, Fl~ida 33~J 8e The Audit~ar General`s mice at flee fr~li~nrirag address: Auditor' Generals °are Rtx~ 41'1, per Bu~ikiirag 111 West Madison Street Tallahassee, 1=tea 3239)-146CI 4. Ctpi~ of reports or the rraanac3era~aent letter mired bl+ Seut 7.62 Part 111 ~ this Agre~merat mall be sutxaaittect lay rtr on behalf of the recipient diret~ly tca: A. The C3epartment at each rsf the f©tlt~aring addresses: Fforit3a Lk~partrr~rst nf'Trpt~rtati~ O of AAntia! t)eveloprrat ~4t~ West ~omrra+~rcial ~1i{3 Fvri Lauderd~e, I^ltarida 333f39 5. Any reports, r»ana~rrasrat fetter, ~r r~tlaer infcarrraat°ton required ~ be sut3mitted to the rtment :piurrsuuarat t+a this Agreerr+ent staall be subn'aitted tirraely ire ara~cstdanc~ a,~ith CMS Cia~cul;~r A 133, S~tinn 21 x:37, ?a~rida Statutes, and Chapter 1 ~.5 st7 (Icl gt~vemrnentai entities) or 1 p.~5~ (nonprafst and fcrr-prc~fst nrganitinr3s~. F~ulc~s at' the Aod~r Ggraeral, as applicable. 6. Recipients, a~rhen submitting firaaracial reportiratf pacttages tca the C~partrrserat f€sr audits dram in sc>cardarac~ wi1~a ClM~ Circular A4-'133 or C?~apters 1 td. s5n {lci go~err-a~'ttal titles} nr 1 ~o6~i~ {n~r~pt grad fic~ prctit t~nganlzati)> Mules ta# this Audittar Cenerst, si'a4uld indicate the data that the repr~rting paLlca~ was deli3rered ttt the Agency in tx~rrespgndenre accompanying #ba reporting pkage. 7".B3 I~eco+rd Ratentl~t~: Tkae Agency sl~ll retain su##~ient records dera'a~nstratir~ its ctamptiarat~ wi#h the terms of this Agreement for a paricad csf at fast fia~ years frorra the da#e ~e audit n~rt is issued, and staalk alkovw the pepartment, or its designee, the C Fn or Auditor General alas to such record upoa~a request. The Aganr:y shall ensure that itae iradependerat audit working papers are made aorailab~a to the C3epartra~rat, car its d8sigra~, the CFC?, cr Auditrar General upon request for a peritxl taf at least hie years firara~ the dais ~e audit rept>r't is ~~aed, unless exterat3FSd In writing by the t~epartment, 7"<#i4 Sher Requir+emgnts; tt an audit discltases any signi~carat audit fir~di7ags related to any ward, Iratlatdin rraaterial noncompliance v~ith lndi+ridual project coratptiaras,~ requirements or reportable t~raditioras in ~at~arraal ~ra#rc31r~ of tae Agency, the Agency shall submit as part cf the audit pat~ca~ to ittie went a plan for t~7rra3Cti4~ acn to elirrainate such audit fandings or a statement describing the reascans that ctgrret~ acticrrr is not r„essary. ~'he Agency staall eke timely arad approgariate corrective anion tca a~ay audit fandings~ t~eccammersdatinns, and rr~Ctave >~ctiAn ptans. T.6a irasur~aance: Execution of this Joirrt articilxation Agreement ctiarastttttrtes a certihc~c~n #aat the Agen+Gy has and will maintain the ability to repair or replace any project equiprraerat rrr facitit in the event of loss ter dame due to any at~ldent ur casualty itsr the useful fife of such equipment ar facilities. kn the event me loss ref such equiprraerat or facilities, the Agency shall either replace the equiprraerat qr facilities nr reibur. t#te f~epartrnent tt> it7e extent taf interest in the Iasi equipment or facility. in the event this Agreement is tcar purt:hazae crf land tar tear flee construt~n t~# irafr~astrarcturaa such as airport runways the 113epartmei-at rraay waive ter modify this secticsra_ ~2aa~e ~~~~ez 8.t~ R~aquisitiorts arsd faay~rranbs: 8.'t~ Activn by tfae Ag~ancy: in prder tra t~atain any I3epartment Bands, the Ancy steak! ~Sle v~rittt the ~rtrrat raf'Cranspartation, l3istrirt 4 Public Transportation ice 34t?g ~t Cora~rnerrl i3lvd ~# l~aaaderdaie . ~'~., 333Q9 _ its requi~ti°tiott fln a farat F qr fiorrras presGrib~d by the tartn~r~t, arsci ar~y vth~er ~ ~rtai~ing tea lea l3rtajeCt 4unt (sae defined in Paragraph ~'.'! t~ herec~ tt~ jtafy and s~p~icast ttae payrr~*r~t r~uisitions. ~.~ t Invaires for rsr other cxrr~aensateon for servir.,~ car expens~as shawl srabrrtitt~i in detail suifrcierst for a proper preaudit anr~ ptastaudit thsretaf. 8.7 2 lnvs~ices for any travek expenses staakl ~ sutxraitted in acxordan~ with Chapter 172.1)61, i=.S. The i3epartment rosy es#ablish rates ~r than ttae rr~a~imurrr preavid~:i in Chapter t 12,1, F.~. 8.78 pear real prop®rty acquired, submit; {a~ ttse date the Agency acquitted the res! proprgr#y, {b) a s~tes~nt by the Agency ceitafyirr~g tha# the Agency has acquired said real prtrty, arm ar~iial considatit~n paid far real property. {c) a statement by ttt+rs .Agency ~rtifyirrg that the atapraisal end at~u~iti caf the real P~Pe~y tcagether with arty attendant rel~can of cupanls was a~plist~d in cotrtlaliant~ with a~ federal laws, tales and pnac~iures required by atsy i~leral oraerht ancy and with all state laws, rules end prescediares that may apfaly tea the Ancy acgaaittng the reel prc5perty. 8.2ti The [Ieg~~€nant'a t3#~iigatidras: Subject to other pr~sit>ns hereof the t)eparfsr~ent iil hanor such requisitions in amounts anti at tines deemed by the t~partrr~ent tta be prrr to ensure ttae t~rtyirag out of tt~ 01~ and payment of the eligible oasts. ~lowever, notwithstanding arsy other presvision caf this l~greernerst. ttae l~par#rrterat n~aay elect lay notate in writir4g neat tta eke a payrtaent on the profit if: 8.2°1 Mlasr,eprntwtion: 7"he Agency shall have rr~ade misre~esentatian of a rs~terial nature in its appli~ti(xt, or any supplement thereto car amendrr~ent thea'eof, ®r itr or with res~+ect tta any dca~tnertt or data featnished thereavith or pursuarr# hereto; 8.2Z Litigation: "Char's is then Pending litigatican with resp~ to fife petforman~ by the Agency of waxy of i~ duties car r~l3gat~ns whim rreay jeopardize tar advsrseiy affect the prrrjt, the Agrmentr car payrants trs ~s pr~ajeGt; 8.23 Appr9tavat by Department; The Agency shell have talcerE any actic~t Pertaining tc9 t#se project vshir..h, under this agreement, requires the aCapmval t~f the pepartment tar has made related expenditures car incurred relat~l abligatiorts without having beery advised by the Qepartm+er!rt that sarr~ are ep~srcaved; 8.24 Corrttioll of Intents: There tees been any viol~rtion of the oonftict of irat~arest pr~ais~rsns c:®ntairted t~rein; or 8.26 Cleiauit: The A~ncy has b determined bI' the k~epattment to kae ira default utter any caf the ~visiaons of the Agreement. 8.25 Fealerai t'arl~ici~aation ~ff,>wpplioablej: Arsy :federal agsrs~ prr~viding faders! frnanctial assistance to the Caroject suspends pr terrrrinates feci>eral ~ancial assistance to ttae pro3ect. In tha evarri of suspension a5r termirraticari of federal finanrwia! assistance, fife Agency will reim~rse tt~ l~partrrsent fear ail d"rsaki~,ved rta.5~> itx~udig arty ar3d all federal Financial assistanre as driled in ~xhirait "B." 8.3Q 1)~alio~rred fiats: In tleterrrsinittg ~e amount caf the taayrtaent, the Cepartment wiit ea<ckude all progects t~StS incurred by the Agrrtacy priest to the effective date of this Agnaemettt, oasts which ire treat provided for in the latest agprtaved budget far the project, and oasts attributable tea gcrtads or services r~eived under a otar~tract or other arrangements which have not ~ approved in writing fay the k~epartrnent. r~ f~.iL'd.~ 1RA#t~t7RTA7'K?N (fyv/ pYgp $d 9# 8.4q Peymerrt Off"~et: tf, after ~rro ctantpleDon, arty i~akrs is farads by #te ~rtment r~aserfting fratYt an audit or for work ctr services perfarrned pursuan# to this agreement, the t3epartrttennt rttay oft sutt~t amcsurtt fr+earn payrrsetrts due for work css services done under any public trarsspt~artation joust participafion agreesttertt which it rtes urith the Agency owing suds amount if, urn demand, payment of the amextrttrs not t~nade within sixty ~~) d to the Ir3eparnt. t~ffsett~g amounts shall rtt3t t-e conskiered a breach of contract by th8 C~partrrtentn 9.00 Termination or ~uspensicn of Project: 9.10 Tarrrttnation sr Sus'peetaiot~ t3arteratty: if the Agency ~aneforts ar, byre cx3mpln, frnaily disaccsntineses the prciject: nr it, by r~son of any of the avertts or conditions ~ in aet~icsns 8.21 to 8.28 irx~usiene, or for arty after reason, the carrtrrsersc+errterst, pros~ution, or tkrtety completiart cat the project by the Agency is rendered im~bat~le, infeasittte, impossible, or illegal, the i~eppartirtent will, by written nt~ticae th t AgertcY, suspend arty ar all of its obligatic~ts under this Agre~nent unfit sut:h tin-ie a5 the event or ccant3itiart ruhing irs such suspsnsian has used or been txtrrected, ar the bepartnt may terminate any or atl of ifs obligations urxler this Agreerttent. 9.11 Aatlan Sul~egtt~ent to t~fotlce of Ternntnabton ttir ;3uptpeneion. Upan receipt cal any ~€rtal terminaticxt oe' sus~rtsion rttstice under this ~r~raph, the At~enoy shad prtacd prc>rrrtptly tc- carry cwt this amens r~uir~ therein which rt~tay include any or all ~' the following: ~1) necessary action tst terminate or sus~nd, as ~ may kae, prctjtset activities anti contracts and suds rather action as rrtay bra re~uirrad or desirable to ~ io the mirtirpturn dte upcut that basis of ttahich the financing is tts tae ~rrrput~f; {2) furnish a statetat~at ttf the profit activities and ctanf~s, and other' undertakings the cast ctf which are otherwise irscludable as projec# cents; arsd ~~~ remit to Cher I~partrnent sex:lt porn of the f~nartcirsg and a~ advance payment previously received as is determined by the aepa~rtrr~nt tea be due under ttte pravisitxts of Hte Ags-~nt. The terr'rtination or suspenskan shall be carried pert in cdanfot~t`tity with the latest schedule, pin, and budget as a{aproved ray the t~partent ar upon the basis tsf farms and conttitiarss impasaed by the Repertrrtertt open the failure cal the Agency to furnish the schedule:, plan, and budget withirs a reastxtattle: tirrta. TMe appr9raval taf a remittance by ttte Agency ar the ding out cif feral ~tnana~+i partitapn in the project shall not cxsrrstitsate a waiver eat any r~airrt which the Qeparb~rtant may catherwise have arising out of this Agreement. 5.12 The, t~epartrnent recerves tt'se right to u~nirally e~ncaal this Aerrter±t far refusal by the c~antrtectc~ ar Agency to alksw public atarass to alt documersts, paperg> letters, rgr other rrscrterial subjet;t tct the proviskans ctf Char 115, ~,5, and m or rived in cxanjunct~n with this Agroemertt. 10.00 Rerrtton air Project Account Upon Corrs~tio~ taf Prctj~t` t3pon r~rrrpln ~ the project, anct after payrner~-t, provisiian far payment, t>r reimbursement. pf a~ praject exacts payable from the pr+o~ct acc~suM is rrsade, the Agerncy shall remi# to the ~n# its share of arty une>rpesx~tt taalanc9e in the projee~ arrotartt. 11.00 Aejdtt and lrtapec~an: The Age shall per4rtit, anti shah require :~ contracttats tca ~rsnit< the t7eparta~tent`s authorized representatives tct inspect alt worts, materials, payrolls, r~xtrds; anti to audit the bales, record artd ac:caunts pertaining to the firtancint7 and devek~st taf the project. 12»00 Contrao'fa Hof tyre A~~y: 12.10 Thtrd Party A~r+eerttente. Excerpt as otherwise authorix~ci in sr~r8ir~ b1'the Clepartrr~nt, the Ager~y i3hall not execute arty cantract ar ablate i~elf in any mattrrer rraquirfrsg the disbursetrrssrst of ©epa~rlrrtent joint partit~atiion fursds, int~utting consultant, rcrnsfructiran car purt~sase of cnrtvrtibes axantracts or etrdmants therstra, wiftt mrty third party with respect to the prraject vsiithout the tivritten approval ctf the t7epartsatertt. 1=enure to gbtain such apprtval shall be suffit~ent cause for neanpayment by the ©epartrnent ~ provided in Berrien 8.23. The C?rtrt~nt speclftcaity reserr/ess urstn itself the right fa review the qualific~tians ~ any cansui~nt ar cxtntractor and to appreave yr disapprove ttte errtplayment of the same. ~~ .~ ~c~rra7~cx~ tr~or ~~,.+ 12.2t1 t:anpilancar with Co~uita~ta` p~etJiJttve lgego~la~ipn Art: it is ur~erstood send agreed by the ps~rties hereto that participat~n by the i~partrrserst in a ~oject with an Agency, wl~:re said project is~svolves a cxas'ssultarst corstract for engineering, arcisitec#ure or ~rveying services, is contingent on the A~enry implying ~ fs.sll with prravisions of Chapter 287, F.S., Ca~nsuliants' Copefitive Negtatiatitsn Act.. At the discretion Hf the C~artment, the Agency will invsatve the C3epartrrsent in the Ccarssuttars# Selection pracess for alt contra. In alt cases, ~ Agency's Aticrney shall tertifil tca the C~epartinent that seiectiors tsar been arnp#ished in cxarrsplianc~ with Ctansultant~ Ctxrspetitive h€~otiatrt Act. 12.3#1 Diaadv~sntaged Business En#srpri~e fLtBir~ Policy ~snd abi€~aticxs: 12.31 pl?t~ Palicy. It ~ ttse pcatic;y of the t~tixartment txs>at dis~c3uantaged bus~sess enterprises as de~sned in 49 CPR Part 2S, as amended, shall have the rtsaximurrs opportunity to ~rti'~pate ire the perforrr~rsce of Contracts t"inarsced Ire whole or irs part with t~epaatrr~nt funds under this AgreerneM. Ttse C}I31= requirerssents of 49 CFR Part 26, as amended, apply tcs this A+greer'nent 12.32 DAB C3bli~et3on. The .Agency and i~ c~ntrasrtors agree tra ensure that Distvantagaad Bcrsir~ass Enterps°ises as defused in 49 CFR Part 28, >~ arrser3d~i, have the rrsaximrrs opportunity tca partas;,~aate in #tte per#Hnrsance of contracts and this Agreement. In this regard, ~I reclpiersts, and oontractcars shall ia€ke alt ne~sry and reasHnssib~ steps in a€xordanca wins 49 CFR mart 2fi, as arYSeru~d, to ensure that the pisadvantaged Business Jnterprises issue the srsaximusn appHrtunity tta corrspetc for and perform contr~ts. Cr°acstees, recipiersts, and itteir contraCtcars sht~lt sxat discriminate Hn the basis ~ rare, colHr, naticarsral origgin car sex in the award and perfor'nsant~ of 13epartr'nent assisted txantrads. 12.411 The A~ncy agrees tta s'~xart ars~+ reusable causes notir~ of rsorscorrspli'ance taaseci oca 49 CFR Part 28 tsled under this section tH tree pepartrnent within 3{3 days crf i~ by tlse Agen~r. 13.0!1 Restrir~ons, Pnohibitlcans, Conttro~, and I..abor Pr+avie~lorse: 13.18 Equal Em{~loyrnarst t3pposrt~rriEy: In connecctiHn wins the carrlring out Hf any prccajed, #ise l~en~r ~tsall not discr~tsinate against arsy ~arrs~sioyee or app3icgnt for empkayrxsent because of race, age, need, cxalrar; sex or natiorsal origin. Tice Agerscy will talcs af~srsvsative a~ctian te> ensscre treat appliCacsts are employed, and tha# ertsployeFZS are treated during exrsptoyent, without regard to their races, age, Creed, , seat, csr rsaticxssal origin. Sins ac'don shall incJud~s, but not be limited to, the follovuing F..~rrsptoyrrserst upgrading, derrwtion, or tr;:snsfer; recruih~nt or rs'~crs~ibrserst advertising; layoff csr terrrsinatiurs; rates of pay or o#iter corms ref rtvrspess~tion; a~ srsitan for krasinlr~#, including apprentissip. The Agency Shall insert the fcaregHing provis~n rncuiifiecf only kca show t3se particular contractual reJat€orsship ire all its cacntracts in cc,nnection with the develapcrserst qr csperation of the prtaject, exceep# cxantraCts for Standard ccirrsrrserc~l supplies or rain rrsaterials, and shall require ail such ccanctoss tcs irsssrt a sirs~~ar provision in alt subc.+~stracts, except subr.~ontracts fear standard cxarrsmercial sufspliea or raw mat+srials. Vlttsers the pr'ojeet invohr+ isls~liatian, construs:tiors, demolition, removal, site insprovement, to similar work, the Agency shall past, in conspicuous places availatale to ers^~alpyee5 and applicants #or ernpkayment for project wcark, notices to be prcavided tsy the [3epartrners# setting fcartl`s the provis~cxts of the nondis~mination cBeuse. 13.20 'title Vi - Civil 3+G~tsts Act of i~4: ~cecution Hf the ,!Hirst Par€€cipat~an Agr~ss°ssent constitutes c;ertifrc~tion that the ~+scY will cxamp~r wit#'s all the requirements imposed by T'~ vl a#th~ Civil f2igtsts Act of 34 (~2 U.S.C. 2f~3Ltci, et. seq.}, khe Regulations cs# the Federal rtrnent of Tr~nsprsrtsat~aan rued reuncier, asx3 the assurance by the Agency pursuant ttseretca. 13.3(3 Titre Vlll - Gill Flights Aet ott 19i~: Executkan of this Joust Participa~in Agreement caonstitutes ~s certifi~tion that the Agency will comply with sli the requlres°nents €mpasecf by Title Vli l of # Civil Flights Act ca# 1968, 4Z USC 3f~f11,et seq., whic;tss errsrarsg other things, prt~titaits discrinsinati~s in housir~ on tts+r3 basis ca€ race, rotor, national origin, creed, sex, end age> 13.40 Arrsericene with t~~&tailities Act ss41g90 (ADA): Exescuiion ~thks Joust Pertiapation Agreement constitutes a cert~`is;atican treat the Agency well «srrsply with ~rll the requiterrsents impcasESd ~ the ADA (42 D.S.C_ 121{?2, et; .), the s~gu~tinns of t3se federal goverrsrs~nt issued thereunder, and the a~ssuranre by the Agency pursuant thereto. 72tF6 f~,l TRA~1~gifTA7~t,N1 0607' p~91(F tX li 13.50 Prr~hiblteti Inter~artts: T~ Agerscy shaft neat enter into ra asntract or arrangers~t'st in conrtec~on with the proj+sc# or any property inductesi or ptann~i to 'be included in the project, with eny ot'ficaESr, direr or employee of the Agency, err eny business entity of which the crffit~r, director err empfgyee or the affcc~r's, dir~tor`s or employee`s sptxrse err child is an ofrrcer, partner. director, tar proprietcx` err in which sut~r officer, director sir employee or the officer's, director's or ersrployee's spouse or drill, or any t~mbinatian of tfrem, has a rrs~~t~srial interest. "Ma#erial Interes#" means direct or indirect auurrership of more #han 5 percent ~ the total assets or capital stmt ~ any Csusin~s entity. Ttre Agency shall not enter inter any syantract err arrangerrrent in conrsectlort rvitts the prc~ct or any property irlucled ~ planned to kse included in thr3 proect. with eny persosr or entity whrr rues r+aresented before Agetrcy by any perstsrs who at any tune during t#re immediately preying iwa years was an otfir~r, director or errspfoyee taf tts+e Agency. The provisions of this sut~ect~ion shed nest tae applile to any agres~rrsesrt between the Agetrrey and its frl tl~ps~tories, any agreerrrent for utility ss3rvit:es the rates for which are ~ or cxantra3l~d tsy the government, or any agreement be#ween ttse Agency and sn agency of state goverrsrsrent. 13.6!) Interest of tlAerrrlf~rs af, err t~elag to, Congr: t~ rrserxsber or demote tcs fife Congress of #3nited States shall tae adrn"rtted ics any share or part of the Agreemerst or any befit ar%~ng therefrt~rs. 1+i.ilg Mlscettaneoc~ Prc~visle~rts: 14..10 EnrtlrorrmertEal Potlutaion: motion of this ,toisrt Part~pa#iors Agr~rrtent oonsti#u#es a c~srtifi~tiort by the Agency tha# the presject wi11 be carried out in «farance with af! ;r~fic~b~ ersvironnientaf regulatisarts ludirtg the securing of any applicable permits, Th®f~~ncy will !~ lely resporssible for any tiability in the event of non-cosnpliiartce with applicatle environmental regulatiarss, including the securing t>f any applicat>!e {aerrnits, and will reimburse the Department for any loss irst~rreci in rorrnecficsn therervi#tt. 14.~t# I~?rsparirnsrtt t+ttst C7btigat~l ics Third Rard~: Ttte t'3epartmeart shall nest tae obti~ted or liable hereur~r its any party other titan the Agency. 14.30 Wtfan Righte~ arrd Rert'rodi~ Nsrt ~4tafraed: In nt- event shelf the rrrs3king by the lrtrrsent serf eny . payrrsent to the:~g+ancy t~rsstitute tx be ccsnsirueci as a waiver byttre T~+spartment csf arty breeach s3f t~verrarst or any default wtrich may titan exist, on the part of dse Agency, and the making csf sects payrrtent toy the Uepartrtserrt sn~'sile any such breach or default sisal[ exist shall in nts +~ay irrspair syr prejud any right or rerrsedy available fti the C3epartrrsent with respect to sects breadr or defaul#. 14..41) Ht~sr~r Agr~eemant fs Aif~cted by Prov~l;syet~a B~efng Held invalid: if any presvisian of this Agreemesat ~ held invaf~l, ttae rers'salnder of this Agreement shad rust tae afted. In sects an instar~ ttse rerrrairtder r~xsuld then corstlrsusA to canlorsn to terms and raqulremenis of appllcab~ law.. 14.S1f ~csnus car Csarrtrtrlan: By executirrrs of Agreerrsent the Age~scy r~7pre~nts O'sat it tsgas nest paid and, also, agrees nc7t to pay, any ~snsas tar ~Ysrmiszaion fear the putpasa of obtaining errs approver! of its appiicatican for fire ~insrrcing hereunder. 14.t~0 State sir Terrrtttssrlat E.;itvw. No#tritrg in the Agreerr~nt shalt require the Agency to abserr~ or errfcsrs:e ra~rsptlance with any provision ttsereof, perftsrrn arty tsttrer' act or t#o arty ott'~r thisrg in r,~sntraventiorr c-f any appl~t~ State law: Provided, that if any of fire provisitsns ~ the Agrrerrtesnt vio~te any applicable S~tsrs law, the A~ncy will a~# rsotlfy the L7epartment in wri#ing in order that appr~r~te t;hanges and moditica#ians rsray tae m by fihe [rtrrtent and the Agency its ttse end that the Agency may wed as sdaon ss psrssthle watts fire project, Pia 'lRAN~Pt3RTATitl~F A[1i01 pwgr111 d 14 14.7Q t.l~a arsd ~alrrtee~rrca ta# Proj~t Faciiiittes acrd ~uiiprrt: The Ancy age that the pt~ect fattiities and equipment will iris used by the A~ncy tca prcavide tr support publ~ transportat~rs for tkre perked of that useful Hfe ~ such facilities end equipment as determined in ard~sca smith nerai act~untirag prtrrapls~s and aA hY Departrrsertt. Ft~ Agency further agr tca rrsaintain the prcaject fiascilitiss and equipment ire g~ working carder far the usefiu! life of said fat~liti~ qr ~uipmsnt. 14.71 Pncaperty ~ecoEds: The Agency agrees to maintain property retoords, conduct physi~l inventraraas and develop cantro! systems as requir~i by ~8 GFR Part 1 ~, when apple. 14.819 I~spcasal of i'~trt l~eclltti~s or ~quipra~r~t: if the Ager~r dirgposes of any project faccility ar equiprr~nt during its useful life far any purps~se except its replacement with Bice facility ter egs,riprttent far publ~ trarsxpartatian use, the Agency will camphj with the terms ~ 4g CF`F2 Part t 8 relating to prcrpesrty management st~artdards. ' Agency agrees ~ rerrsit to the Department a prtaportianal am~,srrt of tithe fra+rrs the diaposa£ of the faallity ar equipment. Said proportional amount shall be detenttineti tars tt~e teasels of the ratios mf the Deparirrterrt financing of the facility crr equipment as prtaerieled in this Agreement. 14.90 Cantrsctual indemnity: To the eactent provided by law, the Agency shati indemnifyY defend, and htald harmless the Department and alt ofi its tafifit~rs, age, and srrrpltay~s from rany claim, bass, darttage, caxt, try. err expense arising out ref any act, error, c~missiort, ar negligent act by the Ancy, its agents, or empkay, during the performance of the Agreernerrfi, ext.,spt that nelttt+er the Agency, its amts, or its empli~yees wil9 be l~bte under this paragraph far any claim, lass, dama~, cast, charge, or eacpense arising out taf arty , errtar, qmn, or nsgl~snt by the Department or any afi its afticers, agents, or smp~s during ttse ~rfc~mance oaf the Agreerstent. VVhsn ti'se Department receives a notice cafi t:lairrs far damagets that mrsy have bean ~ by Agsnctl in the parformancs ©f servers required unbar this Agreement, the Departrrtent wilt imrrtediately forward the cia~rt to the Agency. The Agency and the C)epartrrtrritt will evalu the c~~rrr and mart their ~Sndtitgs to each tatite:r' uvithin fourteen {14) working days and will jaindy discuss vfaticar in deferx3ing the clakrs. After revieersrirrg the c~irtr, the t'?eparnt detsrrrtirse whether to rsc;uire the participat~n of the A~ncy in fife defense oaf the c~irtt or tra require that the A~ncy defend ttss C~efiaartnterrt in sets claim as describ~i in this motion. The trtment s failurra to pn~tsptly notify tl~ A~jerscy taf a claim shall net act as a waiver of Gray right herein tta require the pari'icipsatisan in or defersss ofi the Haim by Agentye The Depa~tm~:nt and the A~ar~y will each pay ~ awn expenses for the evalua#ittn, s+~lernent ne~tiations, asui trial, any. Mt~rever, if only one party pauticipates in tits defense of the claim at tr~l, that party is respansi3~ for all expsetses st trial. 1 t~.00 Plans and Specifx~tiane: In the ant tha# this Agrsernertt. involves the purc~ttasing of napital ~uiprnent ar tits constructing and quipping of faralit~s, the Agency shall subrrmit to the Departrztant for apprr~val alt appropriate plans and ~cifir,atiana ~v€tring the prcaject. Ttte Qeparhrsent wilt rav~vv all plans and spcatiuns and will issue to the Agency written approval with any approved portions ref the prcajecct and c:orrsmertts car raamrrtendatkans ~nc~rrsing any remainder of ttre project deemed appropriate.. After rr~soiutiai't of these tbrrsrrtents and recorxsrrsendatians to tits Department's satisfaction, the .EAepattrr~nt will issue to the A~ncy wcitters apprtas~l witir s~'€ti rerrsainder of the proj~rct. Failure to obtain this written approval shad t~ sufhr„ierst cause far nonpayment by the r7epartmertt as provided in 8.23. 18.00 PraJ~+ct Cnptationr Agency t~ert9ficatiian: The Agency vsriil c~rtily in arritir~ an tar attachsrl to the firrak invair~, that the prraject wars ccuttp~trad in ~anc~ with applir~~ pins and trans, is in fialace ar's the Agerrc}t fia~ility, that adequate title in the Agency and that tine pnaject is atxept~t by the A~n~i as suitable far the intended pu• 17.00 Appropi'lation rrE f+unda: 17'.10 The State of Fkar~`s performanr~ and at~gatitan to pay under fists ~reemertt is t~ntingerst upon an annual ,sppratariatkan by the %egistature. ~~~ ~r+~rtta~ v ~aa,{ 17'.20 iYtutti•Y~rr Cornrr-iltant• 1rr ttae ~zvent Phis Agreement in eatc~s ~ ~~,OOfJ and has a terra fta' a pares! 0+f rratlre than Carle ~@~r, th8 ~3rC7Yi~r13 q~ ~11~~7t~' ~~.'~ ~~~~(£9~, ~.~.. ~li'i~ ~]srF3~ lnC:()1'[~(?r~: "{8~ h#3 ~~t, during any fisz;aE year, sh~slf rant eat~nd rrataney> irscrar any fiaf~ifity, rsr enter into any coat which, fay its terrrts involves the expenditure of rrraccaney ire excess ta# the acnraur~s b as avaifatafe fior exper-it3iture during h fiscal yr~ar. + contract, vert~f rar written, made in violation of this suta~n is Huff and von, Arad no n~aney rr~y tae paid ora such contrail. The faar~rrent shalt require a statement #ronn ttne rxoptrofler ref the l~partment tha# funds ors availatale pr~r tta entering into arty such contrast rar otfaer birsding crammitmsn# ref funds. Cdrattaing heroin cxantair~d sttr~ll prevent tf~ mafcirag of ct>n#racts for l~ eatreeding 1 year, lxit as~y r~ntract ~ made shad be execratory ranfy ftfr the value of the services to tae rendered or at~rsed to be paki frar in sur~iing fiscal years; and ~ paa~graph shelf be incaarporaterf v®rbatirn in all ~ ref ~e t~rtrr~nt vataich are for an ara~eaunt in eaccess of ~59C~,1t} dollars and whh have a term for a period of more than '! year." rses to txxtt~i~e prr>~sat ora or before 1$,!130 F-arplr~~~ran of Agr: Thar A~ncy ag 12131 ~t)Og if the Agency deaes rxat c~a'ap~tea the prr~~t withirn #la~s tnras perms, this Agreearrf wt1f aagaire unless en eactension ref tf~e time period is requested by tf~ Agency and granted in wttting toy the Clir~bar of Trans nation f:3eve nt ! xpiratiran of flzis t~rrraF:nt wit bs considered tea7rnnination ref the project and ttae prr>cerfure rtablisheti ire Section 9,i>0 cat ttais Aement shaft bs ini#iated. 114.10 Final Invoice: 'I^he A~ncy rrausi sufamit the final invfl on tf~is project tri tt~ Departrnsrat within 1211 days after the expira#ion of this Agreement. lnvoit sutamitted after the t20 day #ime period still nrat ~ pain. 99,tf0 A,gr+aa~rrrrt For'trtat: Aft words used herein in the singul~forrra etas!! eatter'rd to and induda ttme plural. Alt wflrds u in the aural form sf'aafl extend ~ and iracfax~ singular. A~ weds used in aa~ayy gender shelf ex#ea'ad to a~ ira~ude aft gend~:ras. 20.OC! E.xecuttnn trf Agrseent: Thrs Agrearrttsnt may tae sirnultsr~usfy exerted in a min~aum t~f two txaunt~arparts, each t-f whicta so eacec~ated s t'a~a daerraed to tae an rarigiraal, and such rx~nterparts trager stxalf consttitute fine to the sae instrUrrlent. ~'~.~ fi~8s14r'tC'~igi18 On t.aotat~rlr~; 24.10 Federal; The Agsncgr ag!'ees #hat no faders! ag~arapr'aated funds 1t taaert paid tar v+dfl tee grid 1~+ rar rxa brahat# cal the Agency, to any peason for influencing or attempting to ~flr~ any offer or arrrployes of any fa~ra! agency, a fiAernkaer of C~agress, an ofFr or empk~tee of ~rangr, ~' err errsptrayee raft a f#Asrrataer of congress in connectirara with the awarding of any federal t9oratract, the maftirag ref any faders! grant, the making sf any federal bran, the entering into cal any cr)operafive agrearraent, artd ttttcs extensifln, rx'intirru~can, renewal. amsndrra+~nt or tratadif'acatitan of any federal txaratract, grant, lean or Operative agreenaen#, tf aray funds father than Brat appropriated funds have fen paid fay # Ag+~racy tra gray ~ for irafiuencing or atterrapting tra inf~uerace gn tafftr:er ar ernpl~e of any federal sgenr;y, a flAerrrbar of Ctar~r, era offer or employee ~ ~tangress, or an etnpbyee of a fUterrat~sr of tataragreas In cgnnectiora with this ,!Dint PartiGipatton Agreerraerat, the unders~ned shall txx'nplste and sutarrrit Standard Ftarrrr-f.t.L, "C3isura f" tarrra to f~epflrt L.ratstaying," ira r+dance with ids irastrrac:tions. The Agency shelf require that the fangua~ ~ thig swan bs incfuti,i in the award dt~amerats for ali s~bawarr~ at all tier's {in+clttding sutacoratra~ts, subgran#s, end txantrat~ under gram, loans and cflrapar~ ~reetraents~ end tf'aat off sufuripienta sfaafl cerkify Arad died rsrdingfy. 21.2tt `3tata: lVra funds received pursur~rat 1za #his contract rraay be ea~aended for hying the lwegisfettare or a state agency. ~zss ~~~ ascr~ e~s,a a Y, 22.t)~ Yandors R~hts: Venders (in this dacurr~nt idarrfibad as ~genCY} pravidirdg goods atx! services tcs ~e Qepartrxdent shautd be eKtare of #allt~u'ing time fraardes. Upon receipt, lbe i~epartrrden# has f (b) skorkirdg days to inspect and approve the gs~s and cervices un~as the hld spe~f' dcat~ns, purchase order csr contract sp~ifies athermvd~e. Tide i'7epartment has 2fl days ~ deliver ~€ request fret pabyment (vpucha~r'} to the E3epa€~nt ref ~irdanGial ~ervic~s. 'the 2~ days ar~3 measured frad~ the lait~.*r taf the date the ~tvaire is receivec1 or the gacads gar res~ived, inslaect~;ci and droved. if a payment is not avai~blie wi#hin 4p days alter rapt of the invaiz~ ancE rece~dt, ~'tsp~tiCsn anci appmvai of gtx~ls and services, a separate int~eresf penally in ec~oreEardce with scan 2'ta.~#22i;3?Eb), F,S, wiil be due end payable, in addition tt~ the invoice amaunt to the Agency. The interest penalty pravird applies a 3b day tirn® p~rriad fits healttd Dare pravid~srs, as dr~fnecd by rubs. lnteres# pena~s of ass than orxe {1) dr~la€r will n~ be enft~rc~d tfrdless the ~ requests paytttent. lnvo~es which have to bde returned ~ Agerdcy Pause al'v~srdrlcsr prepaticrn errors wiEl result in a daisy in the payment, The invoice payrrderst recluiremenfs da not sfert unf'si a properly c.~rnpleted irtvtsice:s prtsvirrded t~3 the l~spartrrdent. A Vendor Ombudsman has beard established within t t7epartment of i~inardcial Wis. ~'he duties ~ this individual id'~lude wing as :sn advocate for Agentaes tetra may be experiencing problems in oEstainir~ timely paynrdent(s) frsarn the l~partrrden#. The Vender C3rmbudstns~n may be c~rttacted a# (851J) 41 t?-87~~ ar by ~Il~g #t-e E~~rtrneet ~ i=inanc;ial ~r-rices Hotline, 1-80U-&t&3792_ 2:i.i~ 1'uk~lic E~rd#lty Orlrne; A perm or affil~te vvha has been pared an conned +r+edsdar list folbwing e c~trnv7ct~n for a public erdti#y crime may not submi# a bid prd a contr~t ~ provide ardy goads tar s~drvls #o a public entity, may not submit a bid an a rx~trac:t with a public tity for the oonstruc°~ord ar rerpaar of a pubic building csr public araric, may net submit bids on ~ of real firaperty tc, a public entity, may root be awarded or petfC`rtrt -4c as a c~n#raclt'sr, supplier, subc~ntrectat, ~ taardsultardt udder a rxxstrmect with any ptsb~c entity< and may net transecl business w~ any public entity in excess of the threahaid errd~fnt prflvttied in s. ~87.t}t ~, E".5. for GATi~Gfl~Y TiPdIC} for a perit~3 of 3i:, menthe from the date of being ptaced mn the cr3nvicted velar list. ~4.tM 1~#scrixrrlnatlon: f~ entity ar alfillate wht3 has been pla~i an fhe distxtminstnry vender tilt magi not submit a bid on a cardfr~t la prtsvide erdy gorsds ar services to a pubic entity, may root subm a bid and a r~ntract +~ith a public entity for the cxsnstructlsn or repair of a public build~tg or ~blic work, may not sutxrd~ bids on ~asas of reef pr~ty ~ a public entity, r~nay not be awarded r~r perfarrrd vwortc as a crardtc~2ar, suppler, su~ntractar, air txyrdstaitarrt undue a -act with adly public entity, and may not trat7sact busddaeas with ardy publio entity. ~~ 7RAP11'ArK~e~e oa~xr 1414 f`enar~ Prr~+e~tt~o_ 422731°1~i ~cxttrt Pte. Agre~rrt 1N iMTNSS WH~a~C}~, tt~e parries ttti ham c~us~ theme! prra#s be exrt~i, the end year ~ir~i above ~ar~t~'t. AGENCY C` o€ Clete E3e$ch gGEr~v r~,un~ 51Caf~4A fQRY (F~21NTE.C1 OR TYP~p4 ~~v shed Ec~xabrantae Fc~rrn for date csf Furxiing ApprrKraE 13Y ptrol{er ~c~ REW t~ARTM~Il' OFTRANR"~'A7kflRi TiECiNA PURE ARTIVP~I3T OF TR9eNS~OR7'ATIOPi iJirector of Trar~ Lleve nt ~i ~'M N£a. 42~7~ Z -1 ~-t31 CONTRACT At{~. E~IiI3IT ,:A-* PROJEC"T"" I)ESCRIFTTON i~1NI) RESPUNSI~II..ITIES 1 hip exhi~3t forms az~ iz~te~ pert flftat taert~i~r~ 3oint ~'rticiion ~.g,~eexr~e~t t~tw t State of Florida, .Department of Trattspartatic~zt and. C of De ~h dated PItC1JECT Lt~CATTON; Palm Beach Ce-tanty, Fis~rida PRUJ'~:CT 13ESCRtI'"I'ION: The purpase pf this A~reeme~r~t !S to provide fimdin~ tp the City of Defy ~e~ch ~or'~°ri-Bait shettle service ex`t~ansion. SPECIAL CONSIDEItA`[`IONS BY AGENCY. 'T'he audit r~: pc7rt(s) wired in paragraph '1.~0 ofthe Agm~xt shall include ~ schedule of prt~jeet assistance that will re£lec;t the Department's at~ntraet numlaer, i"'incial Project Nil and tlae i"ederal Identif cation number, where applicable, and the arrt4urYt ofstate fimdi~g tuetic~n {receipt ~ disburserrfent of fiords} ~d any federal ax local funding; action and ~e funding actirs~ ~~m any czther source with xcspect to the project. SPE+C'IAL CONSIDERATIONS I3Y DEI'ARTMEN7`s The D~epartnnent ha.~ 10 working days to reviav+r invoa~s after re+~ipt of voice page ~t corresponding progress repc3rt. s:~s3o r~;n~i~. rnn ~n~'A ~~. PM l~l(l, X22731-l~~-t1 CC3~N`"1'RACT NQ. EXRIBIT -.~~+ l'R(1~E~' lE3UlI1~FT This exljibit foxxns an iirxt~ral part of that certain Joitxt Partieipatian agreement bet~re.~n the State of l~°lflrida, Department of Transpcsrtatio~a and City., of Delra;~ _ 13ea~cla1 dated I. PRQ~ECT COST: 5360,36(1.4Q expenses relnted to Tri-Rail. service expansion. u. PAR.TIC1PATiON: Maximum l~edez~al Partiei~tioz~ FTA, FAA ( °la) LTi ~ Agency Participati€an Iz~MRind ~ ~ af~~ ~ ~ Cash ~ 5U °la} or ~ 1.8Q, t 8i1.~ Other ( 4 afo} ~ Maximuur~ De~iment Partici~tion, Fri mart' (DS} (DDR) (DiM~PORT~T4P} { 5~'~} ar ~ 1$U,18{1.t30 Federal Reimbursable ~l3U~CM~D:I~TA} ~ °/u) or $ Local Reimbursable (171:,) ( °d~} ar $ TC)'I".A,L PROJECT IC~DST S 3(i{l,3.1~ F11~ Nth. 422'~3l--~?i-~~ C~NTRA~T NC7. PACrE l of 22 1~~B~T ~~~,~ GENERAL - vYitla Safes Rcq~tireme~t~) This exhi`hit forms integral part ofthat cextain Joint Participation Agreerner~t hetr~ ~e State of Florida, l3~partent of Transportation and the Ci of l~lra Bch dated __~...~~ referenced by the wave Financial Proj~t N~amt~r. l<tefrre~ce statntea as ap~licsble. Mark tl~e rege~isred Safety submittal or ~rroviei~rus fnr the agmeut if appl~c~ble. Safety Requiremeata X Bus Transit S stem - ~ a~a~c~ with Flnri,;da Statute 34X.t~l, and. Rule Chapter 1~- 90, Florida Adrninistra~tive Code, the Agency shall submit, and the l~epartxnent shall have on file, an an~aual safety €:entification that the Age~y has .adopted and is eo~alyir~g with its adopted System Safety l'rograun Plan laursuaxrt to Rule Chapter 14-9Q and has performed annual ~t3' inspe+ctinns of all buses operated. l~ixet3 Guidewa S tern ~ (established) In accordance with Florida Statute 3A~l.l, the Agency shall submit, and the l~ac#tnent shall have nn :file, annual rertifi~tiori by tl~ Agency of cc~rrtplia~are with its System. Safety Prcagrarx~ Plan, pursuant to Rule Chapter l~- 55. Fixed Guideway_Systern - (new) In scxnrdance with. Florida Statute 341.1, the-Agency shall sutsrnit a certilicatiran altesti:tlg to the adtsptican ol's System Safety ~ Plan pursuant tcj Rule Chaptea~ l'~55. Prior tea heginnix~g passenger sexvice vperatYnns, the Agency shall submit a c~rtificatitan to the l~epart~rrtent that. the system is safe for ~g~' service. ~`1~1 Nt3. 422'2$-I-~B~-(il CG~iTCT NO. PACE 2 of 2 E7~H~BIT "C~' This exhibit fnrtns an integral pars n~'that certain Joint l'articipatiazt Agxent ~L°vy+~en ~ State nF Flnrirla, went of '~"ran~pnrf~a~ax~ a~ Ci of Kira ash elated; Reference s~#ues as applicahl~. Chapter 341 D-(}CUMENTS REQfTIREH TO ~~ l~iJB~~TTEH 'f'O THE- f1-E,~'A~tTMENT ~Y THE AGENCY IN .r~,CC(?RDANCE V~ITH THE TER.~tS Off' THIS AG~tEEMENT: l . All propnsals, plans, specifcatio~ns, anti 3'~ parr contests cc~vcrin tie prnj~t fnr I)ep~tmental approval. 2. Copies of all cnr~rendca+ce ~eelstnd to this ixroject. 3. Audit R,cpnrts as des+eribed in Section ?.~ o~'this Jl'A. 4. ;~wrteri Prv R ~ rr~v~'ded wit~rirai ~ ~ a tyre end g tke ~~~ S. Three {3) original invoice Surrnnaries and backup infornr~ation i~;l~lin~ a process report must be subritte~l to the TJistzict t~fee when reques~in~ l~Y~ent. ~`in. Arc~j.l~laa:_ ~~2731-%-~-()_~~. Cgtstxact ioisa.: Agre~rr-etsc Uate:_.~.._...T.__ _.,-.._ EXHIBTI' D pR~l CI' A[11)IT RQUIREMIIN't'S 'The ~sinists~stinn of resources awazded by the l~cpartraertt tct City of dray h may be sesbject tc- wits andlnr mnnitcmng b3' the bepastmertt, as descn~ed in this aectinn, ~~ In addition to reviews of audits rondsxcted in accordance wit#t OI-~B Ocular A-133 8ssd ~ectaon 2.15.'9'1, F.S,, ~ revisetf (see "AUT}1t'S' flow), moni~rist~ procedures snay ixsclude, but not ~ linsited b0, on-site visits by I)eparEnser~t ataff, limited scope audits as defined by OMB Circular A-1.33, as revised, astdlnr o ~[~edures. By entering into this agreement, the recipient awes to s:n3mply and coop fully with any mitca°irtg proceduresf~ncesses de~ned appa'c~riate by the I3epaa'tme~, Ist the eve7nt the Uepaattnerrt det~ines that a limited scoff audit af' the recipient is apprapraate, the recipient agr to cc~ply with any additinnal instructinras prpvided by tt~ ~esst staff W City n#° Delray .Beach regarditsg suds audit. City of C3elray Beach fasrther ~s to cermply and ccwpCr'ate with any icssp~tiotts, reviews, investigatiinsas, t-r audits deemed necessary by the ~UO"i"s Office of Instar Crenerat {C11G) and pinrida's Chie#' Financial Ufticer (CI:#3) or Atulitar Generai_ ~~~ PA~'iT I: F~:PER.ALI:.Y ~iJiVl(~ILD Recipiexsts of fedes~l funds ji.e. state, tnc~l gnverrtmesst, ~ non-profit nr~;aniz~acros as defsn~i ita O~ Circular A~133, as revised) are to have audits dntte annua]Iy using the fallorvin~ criteria: 1. 1n the everst tlsat the recipient exp~xsds ~5i)O,t}(1I1 or n in I;~rsl awl in :its fiscal yearr, the r~ipier-t must have a single nr prt~ram-spexifsc audit cctrsducted in accnrdazsce with the provisions of OMB Circrilaar A-133, revised. EXN1.13I"1' 1 ~ ibis amesst indicates .Fedes~l resattres~ awarded thrnugh tl~e f3cpartztaent by this agreement. in determining the Federal awards expended ist its fiscal year, ~ recipient shall cortsi hlt soairces of i±ederal awards, incltsdirs$ 1?ederal rescsur+ces received front the I3epas~tent. 3'he deterrninatiozt of amounts of Federal awards expended shcsuld Ire in accordance with tine gstidelines established by OMB Ci~uEar A-1:33, as revised. An audit a#' the r~;cipiettt conducted by fire Auditor Geral in as:cnrdancc with t}ke provisions OMIT, Circular A-1.33, as revised, will street the re~.is^er9tertts of this part. 2. In cnatrtectian with. t}se audit rcguir+ements addressed ixt Fart I, paragraph l., ~ recipient shall. fttl~li the raquiretnents relative to auditee r+espnnsibitities as provided its Subpart C of OI~IB Circular A-133, as revised. 3. [f the r~ipient expends less ~5i}O,UflA in pederal awards in its fiscdt yr, art audit conducted in ~e with dse previsions ttff~MB Circular A-133, as revised, is not raqutred. I°Iowevear, tf the ipieaat elm to Isave ann alit cnnducted in accnrdanc+s r~ritlt the prmvisions of Q11atB Circular A-133, as revised, the cost of ~ audit must be paid fi~ntrs tsun-Federal nesorsrces (i.c., the cast of xuch an audit must be paid fr€sm recipient resnssrces obtained. i`rorn outer than: ~'rclertsl +entities}. 4. Federal awards are tat ~ identified using the Catalog of Fede~xtl IJostnestic Assistance (Cf`I3A) title and number, a,tnrard number and year, and name of tlse awssrriirsg federal agency. 3csint I~articiphtlnn Agreerrsr~t {JP'A)1~x~,iii D Pam 1 af5 ~'in. Pre,}. idcr.: 42~7~]-I-AI_ __-- Cacatract.'I~lo.: Agee~ent ate: PART I.I: S'i'AT~ FU(-1U~U Recipients o#'staie funds {i..e. a nonstate errti~.y as defz,~d by Sectivtz 215.9?~2){~, Fltxida Sh#artes) are to have audits Jana atttrually using the follorwing criteria: 1. lie the event that the recipient expends a total amount ~fstate fmsncial assia~aace er#ual to ~ sty exce~ rtfS5Qf1,{l(ltt itt any fiscal year. the ~ciplent mast have a Mate siaagl€ ar pra,~~t sp~if'~c audit far se~h fiscal year in ac~rdaaace with Section 2l 5.9?, Irlarida Statutes; appli<le rules ol` the 1.7epartt r3f Fia:citrl Ser~+ic~ the CFC3; and Chalrlazs 8(3.55(1 {loyal gcrvea~zzneer~l esttstiec) ar 1tY.65t) (rranpraflt acrd fcrr-prrcfit organi~iitxss), 'fi,arles of the Auditor General. IWXHIF3IT I to this agt~ettkerat indicates state financial assystaasce awaxded through the I~partrrtent by this agreement. In detertrrinirsg the state financial assistance ezlaen~3ed i~ itos fiscal year, the recipient shall catasider all sources of state f~ial assistance, icicludiiag; state fuiancial s-ssist~ received f ~e bepaxtmcrat, other state agencies, and ~ nr~strte entities. State frr~ial assislarree dam include Federal direct ar pass-tlrrougli uwarcis aiad resources received by a nanstate astity far Federal program matchixag requirerxicnis. 2. 1n csrtrnection with the awdit re~usrerrretcts ist P~srt Il, Paragraph I, the rec'rpierit sl~ll erasure that the audit complies with the requireccter~ts crf'SUsan 2L5,9?{T}, Florida Statutes. This stachades subtni~ crfa fxrcial reporting package as defined hY "tiara 215.3?{2~d), F`lari~la Statutes, acid Chapters 1t3.5S0 (local gav~nnental entities) ar 1 fl.6St8 {nonprofit and for-profit argacaixations), Rules af'tlte Auditor General. 3. 1f the recipient expends is than $5t3i8,t~3 in state ftctacrcial assistactce scs its fiscal year, audit cand~cted in xecordance with. the provisions of Section 215.9`7, Flarsda Statistcs, is uat regtrit+ecl.. However, if the recilai~rt elects W have an audit conducted in accordance with. the Provisions of Section 215.9?, Florida Stahrtec, the cost of the audit mast ~ paid frorrr the nonstate entity's resa~ {i.e., the Lost of sar~r err audit must be paid froth the recipient's resources obtained from ether the State entities). 4. State awards are to ~ identified. rasing ttte Catalog of State Financiatl Assistaiace <L'S)~A) title and nu;nbei', award number and year, and name of the state agotrcy awarding it. PA1tT Imo: OTHER A"iJi?~T RIvQIT[8~1V[~,NTS The recipient shall ~Ilow np anci take carrectivc actioti ore audit ftnclis. Preparation ccf a sumrraary scltr~lule of pricer year audit findings, includixag carrex.~tive action arad ci7rr~nt status of the audit findings is reclnit~exl. Current year audit f'uxlings require correetive actiwra and a~ of firiding,s. Records related to uttresalvcd audit fuadings, app~lx, ar liti$ats~r staall be retaitzed until the acri+~i is cora~slet~l cir the dispute is resolved. access to project cards anti audit w~ p~exrs shall be givetr to the FIST, the I~epartnaent of Financial Services, and five Auditor General. This tiara. d trot lirtait the authoriityy of tl~ 1~partrnent t,€a conduct. or ar-ange far flee candract ofadditicrnal audits ar cvaluaticrzis of"state financial assistance or limit the authority of any c}tlaer state official. Jniut ~rticsfsatiaa A~icctt (3l'}1~ l~atlaiiast D page 2 of S Fib. Pxoj. Na.:~, 422731-I-1 fl l Ctrnit l'+ia.: W Ament llat~.~.._.. ~ __ PART CY: R~P'ORT ~13B14~>CSSI©N 1. Capies aC reporting, pacla for araclits enr~xctcrl in accordance with Old Citaular ~,-133, as revised, and required by PART I of this a~reexrsent smell be submi€teci, urban xer{uired by motion .3211 {d), OMI3 Circular' A- 133, as reSrised, 6y ~ on bellf of the recipient directly to e~h of the falloevizt~: A. Ilse Oepartznent at each of tfte follawi~ng ~dresscs: Florida l3epartx~ni vI"I't^~:tsportati+on Office of 11A~1 pevclnpnt 3~ Wei Cu~naercial Bnt-levard Fart Lauderdale, Florida 3333-3421 B. Ilse Federal Audit CLearinghtru clesiguated in i7IVt"~ Circular A=t33, as r~vi~ {tom ~ab~° of cnpies requi€ed by 5ectivns .3211 {del) and {2), t7MI3 Circular A-133, as revised, slxruld be sulmtitted tc~ the Federal Audit Clearinghouse}, at tlse #'ollc~wit~ address: Federal Audit C leariughotasc Bureau of the Ceruxus 12b 1 ~ 1 b~ street Jefl'erson.ville, III~I 4X32 C. Other Federal agencies and p-throu,~ entities ir- dance with ~cctiax~s .32#l (e} and {~, t3MB C~rcu rt.-133, as revised. 2. In €he event that a copy of the xe~rting llca~e for an audit xequir~I by PART I of tljis ~tneftt ar~d t;onducted in accaxdance with OMB Circular ,~-.133, as rev'cl, is not requit~t to be subrcutted to the but for x~snn,~ pursuant to sectian .324 (e}(2~, ©MB Circular A-133, as r+~vvised, €he recipient shall submit requireel written natificati~ pursuant tv Seotinn _320 (e~2) and a cc~y of the recipieni's audited schedule of expenditures cat' Federal awards ci,_'uectl tc~ each of ~e faltawing: Florida Oepatta~rtt of Tratrspartaticm Offt~ vfMnd~sl IJe*v>rtcrlatnent 34~ West Commercial Boulevard Fort Lauderdale, Florida 333{39-3421 In additinu, puxsuartt tv St~tian .324 {f), Ol+r1B Circular A-133, r0vis~1, fhe r~ipier~t shall submit a eopy of the reparting package n°bed in Section ,3211 {c~, OI~IB Circular ti-133, as xevis~, :aud y axezn~i~t l~tE~rs isseted by the auditax, to the I~rttnent at each ral'tt-e fal.lc~wing addresses: F'lctrida l:~~rtt~nt ctf Traspnxtatiim Office of Modal I~evel~srnent 340t1 Wit C,cnrt'cial .Boulevard fort Lauderdale, Florida 33349-3421 Faint I'axticipart~n ,A,g~nt (~f'A) Exhibit l] Prime 3 oI' S Cantxst+ct i~o.: Agreerceett~l lvlatec Copies of finarzcini reportieg ~clr~ges required by PART Il of dais $greement sleall ~ submitt~f by qr nn behalf of t}ae r~ipit ~ar~t~v. t© r~c~ a~f tk~ ~~r~~+avrir~g; A. The Department at cede q~tl~' following des: Florida C3epar#ment taf Tras~spoetaticm office of Mcl Ue:velc~ener~t 3400 West Commercial 13oulevarrl Fort Lauderdale, Flari<~ 333[19-3421 B. The Auditor Geral's t'?fl'ice at flee followiieg add-~es~s; Atulittn t;"ieneral's f)fl"ice Rggne 401,1'epper building 1 i i West Maclisnn street Tallahassee, ~'loriclie 32399-1450 4. Copies of reports qr flee teaaoag~nent lr r~uired by PARS' 111 of ~~ a$reemt shah be sub~rsitte€1 by or om behalf' of the reCipier~ dyi°ea,~y to: A. Tlee ~partrnent at exile of ~~e fol~aw~in~ addresses: Florida 1}e~rterie~ o~'F'ratespo~rtati0n tr3ffice of Modal t7evelopnt 3} West Cgrrirnercial Boulevard Fart l.auderdaie, Florida 333t~3421 §. Aeey reprsrts, mar~agernent letter, ar odeer informaticm requii"exl m bs seebinitted m the Ue~nt pursuant to this agreement shall be submitted namely in acxoi'dance with OMB Circular A~133, Florida Bates, ared C;haptei^s lit.550 (lgt~l gov+~riunra~ttal c~etitirs~ or 1{I.a5~0 (raeaapmfit artd ~-profit cx°ganiratiaris~, Rules of the Auditor Geieeral, as tipplicable. 6, Recipients, v++ben subnaittia~ag fiaeancial reporting pmclca~es tti flee l~epaa7tteeaet far audits d in. ace~e with ©Ml3 Circular ,t~-133 or Ctaapters 10.S5t} (local govemaeitntal entities) or 10.650 a<atprgfit and ~°-profit grg8ra17,8tiOn5~, Rules of the Auditor C,eaaeral, 5hietild indicate flee date that the reporting package was delivered td ~e recipient in correspondence accompsaeying repcirtingpa~kage. PART Y: RF.CORi) R)~'~'~t"fI~N 1`lae t~cipieni shall aretaiie saialfacierat reels drtstrating its co~npliaaec~ with. the teams of dais agreeiiient fceaf a period of at least five yeaas from the date the audit report i~ isd, aaad sh>ili allow the ~~t, or its desigraee~, CFO, qr Autiitgr Geanc-:~i access to sc~h records ~ request. ~"be reeipi:srit ill eaestare that audit woi~Cirag Wipers . are ~e available m the f3eparteaat, or its design, CFD, or Ateclitvr Gil op~ requc~t for a pea~iod of a# least five years from doe dataa the audit report is issued, Mess extended in weitiatg by flee l~paamneiet. Jceiant ~,rtieipstion Ag>~ruedt (,ll'~-) Eedtibit 1] lc4of~ ~i~. Pr~j. Na.. A~.. ~2731Y,w,1»84-Q1__--- ~cantat No.: -- A~~tnent Date: EXHIBi"~ -1 FEDi~RAL RURC~S ~~~~,~r~~~Y C..~; ~a~,~ ~rf F~~1 ~mcstic ~~ssi~t~ i~.~ fiitle Antau~t Ti1A NIA ~£}.flf3 'ectiv 1. 2. 3. STATE RE, Ut±wCE Mate sncv a i f F' Assis ' ~ ~urri apt a~' Ti ra~spc~rtati< 5.012 Pubiic Transit Scrv~e L7ovelrent i~gr~~n $1 g(f,t ~0 C)biectves 1. 7'0 ~rovicis funding #~' prfljects ir~walving tip afnew thnol~3giss, services, routcs, or v~hicie ~~cies; f©r ptir+c~rses of s{~cial t~ra~n~pcrrtatina services a~i akher tect~iq~s for ink s~rvir~e #~ the riding tic a~ are appiicxbis to specific .ic~alities anii trsit user grc~up5; and fcsr ~rojccts invaiving tip ap~ltiori crf x~wv technaicrgaes or tneti~acloi©gies far icr~praving csperatipns, rnait~tena-xce, a~ marisetirEg in pubiie transit systcrns. Nt)'t'E; Sectiaa .~#(N)(ti) of UM$ Cir+ce~far A-133, ss re^vissd, sod 5eetion ~~5.97~SXa~, Fk-rida Ststtatt~, ~,egair+e tk~xt the information about i* ~ierai t'rograms and Star .i?rs~je~ets incl+aded in :Exhibit 1 ~ ptt~vided to th+e rerip~ea~tw 7oi~ Parti~c~ Agc~meM {~'Aj ~xt~~it ~ . Page ~ of S ~~oridc~ De~ctrtr~aen~vo f ~'ransport~tion .r~s susx OFFICE OF MODAL DEVELOPMENT nErtv~x,r. s~rux~~tt,, ~1z. oovFltNOx 3400 West Commercial Boulevard s~cR~TARY Fort Lauderdale, FL 33309-3421 Phone: (954} 777-4490 Fax: (954) b77-7892 November 30, 2006 Mr. ,Scott Aronson Parking Management Specialist City of Delray Beach 100 NW 1 ~t Avenue Delray Beach, FL 33444 Mr. Aronson: Subject: FY 2 0 0 7120 0 8 FDOT Service Development Discretionary Grant Request The Florida Department of Transportation Office of Modal Development received nearly $2,000,000 in requests for FY 2007/2008 Service Development Grants. The District however, was awarded $1,300,000 and therefore will fund your grant request as follows: Shuttle Expansion to Tri-Rail Station - $180,180 state funds/$180,1801ocal matching funds Please note that funds will not be available until July 2007. A Joint Participation Agreement will be sent to your attention in Spring 2007. Keep in mind that this project cannot begin until the Joint Participation Agreement is signed by both parties. If you have any questions, you may contact me at {9S4} 777-43b5. Sincerely, ~~ Lisa Peterson Transit Planning Coordinator cc. Larry Merritt, FDOT Paula Scott, FDOT File: S¢1Q11~fD14830.64 ServiceDevelopmentlService Development DiscretionarylFY 07-08 '' r srvww.dot,state.fl.us OFFICE OP 610DAL DBV ELOPIIENT RIDERSHIP DATA Rte 1 Rte 2 Avg Avg. Avg. See Week Riders Avg Cost Riders Riders Notes on Ending Route 1 Route 2 Total Per Hour Pe r Rider Per Hour Per Hour page 2 1 /28/07 171 201 372 2.4 $ 15.83 2.0 3.1 2/4/07 188 252 440 2.9 $ 13.39 2.2 3.9 2/11/07 198 269 467 3.1 $ 12.61 2.3 4.1 2/18/07 210 259 469 3.1 $ 12.56 2.5 4.0 2/25/07 195 283 478 3.1 $ 12.32 2.3 4.4 3/4/07 197 276 473 3.1 $ 12.45 2.3 4.2 3/11/07 200 294 494 3.2 $ 11.92 2.4 4.5 3/18/07 235 335 570 3.7 $ 10.33 2.8 5.2 3/25/07 199 271 470 3.1 $ 12.53 2.3 4.2 4/1/07 186 281 467 3.0 $ 12.65 2.2 4.3 4/8/07 213 329 542 3.5 $ 10.90 2.5 5.1 4/15/07 465 569 1034 6.7 $ 5.72 5.4 8.8 ** 4/22/07 206 328 534 3.5 $ 11.07 2.4 5.0 4/29/07 181 235 416 2.7 $ 14.21 2.1 3.6 5/6/07 241 315 556 3.6 $ 10.63 2.8 4.8 5/13/07 223 311 534 3.5 $ 11.07 2.6 4.8 5/20/07 230 410 640 4.2 $ 9.23 2.7 6.3 5/27/07 218 422 640 4.2 $ 9.23 2.5 6.5 6/3/07 202 371 573 3.7 $ 10.31 2.4 5.7 6/10/07 211 316 527 3.4 $ 11.21 2.5 4.9 6/17/07 271 486 757 4.9 $ 7.81 3.2 7.5 6/24/07 269 429 698 4.5 $ 8.47 3.1 6.6 7/1/07 284 422 706 4.6 $ 8.37 3.3 6.5 7/8/07 275 521 796 5.2 $ 7.42 3.2 8.0 7/15/07 258 430 688 4.5 $ 8.59 3.0 6.6 7/22/07 292 464 756 4.9 $ 7.82 3.4 7.1 7/29/07 268 511 779 5.1 $ 7.59 3.1 7.9 8/5/07 299 456 755 4.9 $ 7.83 3.5 7.0 8/12/07 273 403 676 4.4 $ 8.74 3.2 6.2 8/19/07 332 456 788 5.1 $ 7.50 3.9 7.0 8/26/07 293 334 627 4.1 $ 9.43 3.4 5.1 9/2/07 313 535 848 5.5 $ 6.97 3.7 8.2 9/9/07 298 367 665 4.3 $ 8.89 3.5 5.6 9/16/07 324 463 787 5.1 $ 7.51 3.8 7.1 9/23/07 362 404 766 5.0 $ 7.72 4.2 6.2 9/30/07 324 409 733 4.8 $ 8.06 3.8 6.3 10/7/2007 310 417 727 4.8 $ 8.13 3.6 6.4 10/14/2007 375 474 849 5.5 $ 6.96 4.4 7.3 10/21/2007 384 352 736 4.8 $ 8.03 4.5 5.4 10/28/2007 391 436 827 5.4 $ 7.15 4.6 6.7 11 /4/2007 382 378 760 5.0 $ 7.78 4.5 5.8 11/11/2007 373 438 811 5.3 $ 7.29 4.4 6.7 11/18/2007 283 451 734 4.8 $ 8.05 3.3 6.9 11/25/2007 387 495 882 5.8 $ 6.70 4.6 7.6 12/2/2007 427 539 966 6.3 $ 6.12 5.0 8.3 Rte 1 Rte 2 Avg Avg. Avg. See Week Riders Avg Cost Riders Riders Notes on Ending Route 1 Route 2 Total Per Hour Per Rider Per Hour Per Hour page 2 12/9/2007 420 413 833 5.4 $ 7.09 4.9 6.4 12/16/2007 487 483 970 6.3 $ 6.09 5.7 7.4 12/23/2007 469 522 991 6.5 $ 5.96 5.5 8.0 12/30/2007 472 590 1062 6.9 $ 5.56 5.6 9.1 1/6/2008 516 691 1207 7.9 $ 4.90 6.1 10.6 *** 1/13/2008 481 470 951 6.2 $ 6.21 5.7 7.2 1 /20/2008 556 513 1069 7.0 $ 5.53 6.5 7.9 1 /27/2008 516 502 1018 6.7 $ 5.81 6.1 7.7 TOTALS 16,333 21,581 37,914 NOTES: * Calculated without expanded 1/2 hour for Route 1 to Leave Tri Rail at 8:00 PM with passengers. ** Conference at Marriott *** First Night 12/31/2007 -After hours service to 1:00 AM -Route 1 = 110 additional passengers Route 2 = 256 additional passengers MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: February 13, 2008 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 RENEWEL/SEA TURTLE MONITORING CONTRACT WITH DR. JOHN FLETEMEYER ITEM BEFORE COMMISSION The action requested of City Commission is to authorize a three year contract with Dr. John Fletemeyer for sea turtle monitoring through October 31, 2010 for a yearly rate of $38,750.00. BACKGROUND In June, 1994 the City Commission approved an amendment to the letter agreement with Dr. John Fletemeyer for the sea turtle conservation project. The agreement was for four years at an annual cost of $9,844.20. On March 4, 1997 this agreement was amended to include an additional six weeks of monitoring as required by Florida Department of Environmental Protection. This amendment extended the current turtle monitoring contract through October of 2000 at an annual cost of $13,444.20. Monitoring commences each year from March 1st and continues until the end of the sea turtle hatching season (October 31st). A request was received and approved by the City Commission on February 25, 2000 for a contract extension at no increase in costs. The extension permitted some long range planning and the continuation of the program at its current level of commitment until the end of the year 2004. As part of the 4th beach renourishment project, the cost associated with sea turtle monitoring increased to $27,304.20. The City Commission approved the increase in the cost of the monitoring at its meeting of March 5, 2002. The intent of this action was to approve the annual cost increase to the sea turtle monitoring program through the 2004 season as approved by the City Commission in February 2000. However, due to a misinterpretation the contract was approved for the 2002 season only. At its meeting of January 22, 2004, the City Commission approved the increase to the monitoring rate of $27,304.20 through the 2004 turtle season. At its meeting of March 1, 2005, the City Commission approved the authorization to proceed with an expanded sea turtle monitoring contract at an annual cost of $38,750.00 through the year 2007. These expanded tasks required by the Florida Department of Environmental Protection included inspection and excavation of nests in the City as well as 1,000 feet north and south of the City to determine nesting success and mortality. This increased scope of work was required to be conducted through the year 2007. While the request for 2008 - 2010 does not include these expanded tasks, additional tasks have been added to comply with new initiatives of the U.S. Fish and Wildlife Service. The related Agreement is now before the City Commission for execution. FUNDING SOURCE The funds are available in the Beach Restoration Fund (Account No. 332-4164-572-34.90) and are partially reimbursable from Federal sources. RECOMMENDATION Recommend approval of the Sea Turtle Monitoring Agreement with Dr. John Fletemeyer through the 2010 turtle nesting season not to exceed $38,750.00 annually. Attachments: Turtle Monitoring Agreement with Dr. John Fletemeyer Request for Contract Extension Dated July 16, 2007 from Dr. John Fletemeyer AGREEMENT THIS AGREEMENT is made this day of , 2008, by and between the CITY OF DELRAY BEACH, FLORIDA (the "City") and DR. JOHN R. FLETEMEYER (the "Investigator") WITNESSETH: WHEREAS, the City desires to engage Investigator's services to monitor the beach for sea turtle nesting activity; and WHEREAS, Investigator will provide those services over the next three (3) nesting seasons. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: 1. Term. This Agreement shall be effective for a period of three (3) years from March 1, 2008 until October 31, 2010 unless terminated as herein provided. 2. Services to be Performed. Investigator's duties shall include, but not be limited to the following: a. For the years 2008, 2009 and 2010, Investigator's duties include: i. Obtain all necessary permits. ii. Monitor the beach every morning between March 1 and October 30 for sea turtle nesting activity and Identify all nests with a minimum of one stake and an information sign. iii. Submit special "take" reports involving any lighting incidents responsible for a hatchling disorientation event. iv. Reports summarizing the nesting should be submitted to the City of Delray Beach. Data for nesting activity should include numbers of nests lost to erosion or washed out. v. Conduct monthly night lighting survey between March and October and work with staff to solve lighting issues proactively. vi. Help City electrical personnel address City owned street lighting issues. vii. Submit monthly status reports to the City's Planning and Zoning Director or his/her designee. viii. Submit a final report annually to the City's Planning and Zoning Director or his/her designee and the U.S. Fish and Wildlife Service as well as to the State of Florida. ix. Provide all necessary materials and supplies. x. Provide all necessary labor. xi. Provide all ancillary services necessary to accomplish the services outlined herein. 3. Fees. The City shall pay the Investigator $38,750.00 per year for three (3) years (2008, 2009 and 2010). The Investigator shall be paid within thirty (30) days after the final report is submitted, reviewed and approved by the City's Planning and Zoning Director or his/her designee. 4. Indemnity; Sovereign Immunity. Investigator shall indemnify and hold harmless and defend the City, its officers, employees and agents from any and all claims or causes of action that may arise out of the services to be performed by Investigator, including but not limited to attorney's fees and costs the City incurs at the trial or appellate levels. The parties understand that the City does not waive its sovereign immunity under Fla. Stat. ~ 768.28. 2 5. Insurance. Investigator shall provide the City with Comprehensive General Liability Insurance in the amount of $500,000.00, Automobile Liability Insurance in the amount of $500,000.00 combined single limit and Worker's Compensation Insurance as required by State Statutes. Investigator shall name the City as an additional insured on the Insurance Certificate. 6. Independent Contractor. Investigator is an independent contractor. Investigator or its employees are not employees of the City. Investigator, as an independent contractor, is solely responsible for its inspectors and shall be responsible for all terms and conditions of their employment including the payment of taxes as required by law. 7. Transportation. Investigator shall provide all transportation and pay all costs associated therewith. 8. Termination. Either party may terminate this agreement upon thirty (30) days written notice to the other for any or no reason, provided however the indemnification and insurance provisions shall remain in effect after the termination of the contract for a period of one (1) year. If a claim is made within the one-year period, then the indemnification and hold harmless provision and insurance provisions shall continue until the claim is resolved. 9. Notices. Any notice or communication under this agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage 3 prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: City: Paul Dorling, Director of Planning and Zoning City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Investigator: Dr. John R. Fletemeyer 1744 S.E. 9t" Street Fort Lauderdale, FL 33316 10. Venue; Laws. This Agreement shall be construed under the laws of the State of Florida with venue in Palm Beach County, Florida. 11. Modification. Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 12. Entire Agreement. This is the entire Agreement of parties and modifications must be in writing and executed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: By: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor Approved as to legal sufficiency and form: 4 By: City Attorney WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH Dr. John R. Fletemeyer By: The foregoing instrument was acknowledged before me this day of 2008, by He/She is personally known to me or has produced of identification) as identification. (type Notary Public -State of Florida 5 Aquatic Research, C®nservati®n, and Safety 4l 1 North New River Drive East • Suite 30Z Fort Lauderdale, Florida 33301 Phone (954) 463-9000 @ Fax (954) 463-9060 E-mail: Jfletemeyer@aol.com July 16, 2007 Mr. Paul Dorling Departmental Director / Delray Beach Planning and Zoning 100 N.W. 1 sc Ave. Delray Beach, Florida 33444 Re: Request for Contract Extension Dear Mr. Dorling, REC~I~JED J~~ ~ ~ ~~ PLA~~l ~ ~®~V~NC~ I'm writing to request a three year contract extension for my sea turtle monitoring contract at the current funding level. This will include seasons 2008, 2009 and 2010. I feel justified in requesting that this program be maintained at the current funding level for the following reasons. 1, The cost of gas has more than doubled in the last five years. 2. The cost of leasing an ATV has tripled. 3. The cast of insurance has doubled and it's only because I've had the same insurance underwriter for the past 24 years and because I have never made a claim. 4. The cost of labor has signif cantly increased. 5. Other related operating costs have similarly dramatically increased. 6. The Florida FWC is insisting on conducting a much more labor intensive sea turtle Iighting disorientation program. This has become a requirement for future beach nourishment programs. Regarding the lighting program, on some days the time that is spent on the beach documenting and addressing disorientation events signif cantly exceeds all other associated monitoring tasks and activities including the analysis of individual nests for hatchling success. On July 12 for example, there were five separate disorientation events that resulted in spending an additional four hours on the beach and an additional hour completing disorientation documentation forms (enclosed}. When evaluating my request, please consider that I have been conducting this program for the past 24 years and during this time I (including my workers) have not missed a single day of monitoring, even during days involving hurricanes and when everyone except emergency personnel evaluated the beach. Also please consider that in the interest of turtle conservation, I have added a number of tasks that are not listed in my current cantxact including conducting a monthly night lighting survey and working with Mr. Pape and members of the code enforcement program to solve lighting issues proactively. I have also helped your lighting engineer address the problem of street lighting, As you know light issues have become a major issue with the U.S. Fish and Wildlife Service and the Florida FWC and consequently, it has become crucial to keep a handle on this problem to avoid personnel from these two departments focusing their enforcement energy on Delray Beach. Sinc ly, Dr. 3 R. Fleteme Enclosures MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: February 13, 2008 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 AMENDMENT NO. 1/NAMING RIGHTS CONTRACT/FUTBOLMASTERS INC. ITEM BEFORE COMMISSION City Commission is requested to approve Amendment No. 1 extending the Naming Rights Contract dated September 5, 2007 between the City and Futbol Masters Ltd for six (6) months. BACKGROUND Attached is a letter I received from Mr. Steve Leighton, Managing Director of Futbol Masters Ltd, requesting a six (6) month extension. It appears Mr. Leighton has a few promising prospects; one of which he is meeting with on February 19, 2008 and needs additional time to pursue this prospect. The existing contract expires March 5, 2008. Attached is Amendment No. 1 prepared by our City Attorney's Office. Since Futbol Masters Ltd does not get paid unless they sell Naming Rights, I support this request. RECOMMENDATION Staff recommends approval of Amendment No. 1 to the Naming Rights Contract between the City and Futbol Masters Ltd for a six (6) month extension. F U T B Q L 2200 N. Federal Nlphwpy. Suke 228 • 8oce Rahn, FLt33481 - Phone: 854.832.8087 - Fuc: 581-368832 .. ~ -. ! February 31`", 2048 Mr. Robert Barcinski Assistant City Manager City of Delray Beach l00 N.W. 1" Avenue Delray Beach, Florida 33444 Dear Bob, As per our Naming Rights Consulting Contract between FutbolMasters Inc. and the City of I}elray Beach, I have beets woticing diligently to secure a Naming Rights strategic alliance with an appropriate corporate partner for the City of Delray Beach. Utilizing all of the resources at my disposal, I have had the opportunity to present what I consider to be a unique and one of a kind situation to several potentia! partners that are representative of category sponsorship that could significantly benefit from this platform of marketing and brand awareness. As you are aware, 1 have been in daily contact with Sharon Painter, CEO of JCD Sports Group and have kept her abreast of all activity, correspondence and evolving strategies to accomplish this ob,)ective. The following is a Gat of the Companies that we hope made presentations to: Nlke, Adidas-Reebok, Puma, Under Armour, Miznno, IvCL -Norwegian Craise Lines, Spirit Airlines, Sol Melia, ?-merican Airlines, LAN Airlines, GEICO, AIG, HSBC, Olti0i3 Bank, JP Morgan Chase, Coca Cola, Pepsi, Google, HBO, Microsoft, The VIRGIN Group, Jet Blue, SuperClubs, Dubai Investment Group, T-Mobiic, Yahoo, Western Union, Nonage, Ebay, PayPal, Priceliae.com As you can imagine, signifcant resources and time have been spent to sift through the layers of oorporate beaurocracy in order to establish a relationship with the correct individuals from al! the respective potential corporate partners- I believe that we have made significant strides in our efforts and that we are virtually on the brink of identifying and establishing the eortect alliance. The strategy bas been "tweaked" and has evolved over. the course of our presentations and it is now quite evident as to how to justify a substantial investment by the sponsor/partner.. On February 19~, 2448, I will travel for second stage meetings with the Global Branding, Afarketing and Social Respaonsibility Directors of one of the Companies that I have listed above. This meeting is a coordinated effort that is a result of ongoing talks and communications over the last five {S) months. [believe that we will be in an interesting position and ready to negotiate a strategic alliancelpartnership, shortly. There are many factors that will ntalce this a reality and I will be happy to share this with you at-the appropriate time. Bob, in light of the position that we are is at the moment and of the "ongoing talks and cotnmunic~" with all of the above potential partners, I am formally requesting a six (6) month 'extension to our Naming Rights Consulting Cw+tact, which will expire on March 5`b, 2008. It has taken the initial five (SJ months to establish a significant "buzz" and interest and to also identify and develop relationships with the parties that can "pull the trigger" on this deal. It is imperative that we have a "clear path forward" without the interference or confusion of any third parties getting "into the mix". [ look forward to my~ing with you and moving forward in the most powerful and constructive way possible. Steve Steve Leighton Managing Director FutbolMasters Ltd. Tel: (954) b32-9065 Email: steve~futbolmastets.com r AMENDMENT NO. 1 TO THE AGREEMENT WITH FUTBOLMASTERS, INC. DATED 9/5/07 THIS AMENDMENT NO. 1 to the Agreement is entered ~ into this day of 2008, by and between the City of Delray Beach, Florida, a Florida municipal corporation ("City") and FutbolMasters, Inc. (FutbolMasters). WITNESSETH: WHEREAS, the Agreement between the parties, is amended to grant a six month extension. NOW, THEREFORE, in consideration of the promises and covenants set forth herein, and the good and valuable consideration as provided for herein, the parties agree as follows: 1. Recitations. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Amendment. The Agreement is hereby amended to grant a six month extension to the original term of the Agreement. The extension shall begin on March 5, 2008 and extend to September 5, 2008. 3. Full Force and Effect. All other terms and conditions of the Agreement not expressly modified by this Amendment No. 1 thereto remain in full force and effect. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Approved as to Form: By: Rita Ellis, Mayor City Attorney WITNESS: FUTBOLMASTERS INC. (print or type name) By: By: Name Printed: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me thi 2008 by , a behalf of the corporation. He/She is personally known to (as identification). me/or corporation, on has produced Signature of Notary Public s day of of 2 NAMING RIGHTS CONSULTING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND FUTBOLMASTEnnRS, INC. This Agreement entered into on the day of J 2007 by and between the City of Delray Beach, Florida ("Delray Beach") and FutbolMasters, Inc., an Florida corporation {"FutbolMasters"), under the following circumstances: WHEREAS, the parties desire to enter into this Agreement for FutbolMasters to provide Delray Beach a marketing assessment of the naming rights for the Delray Beach Tennis Center. NOW, THEREFORE, the parties agree as follows: '!. Marketing Relationship a) During the term of this Agreement, FutbolMasters shall be the exclusive marketing representative of Delray Beach relating to the sale of the corporate naming rights for the Tennis Center. FutbolMasters shall work with the representatives of Delray Beach in order to complete this objective in a workmanlike and timely manner. b) Delray Beach shall use reasonable efforts to cooperate with and assist FutbolMasters in the .performance of its du#ies hereunder and shall commit no act, or omit to commit an act, which could have the effect of unduly hindering FutbolMasters in the performance of its duties hereunder. FutbolMasters shall give Delray Beach written notice of any breach and Delray Beach shall have 30 days to cure said breach upon receipt of written notice from Futbol Masters. c) FutbolMasters and Delray Beach will mutually agree upon the fis# of Futbol Masters' potential corporate naming rights prospects. The City Manager or his designee shall have -the authority to agree to the prospects list. Any agreement between the City and a corporate naming rights sponsor must be approved by the City Commission. 2. Scone of Work a) FutbolMasters shall conduct all aspects of the actual safes efforts relating to corporate naming rights as provided herein. b) FutbolMasters shall consult with the City Manager or his designee on a market assessment, pricing and contract preparation. c) FutbolMasters shall explore the community and its corporate support for naming rights, sponsorship potential and partnership elements through primary research. Written results will cover value assessment, package elements, media values, and identity of target prospects. Included will be an historical overview of comparable tennis center and stadium Naming Rights. d) FutbolMasters shall develop commercial terms for the naming rights opportunities, including pricing and length of term for naming rights agreements. e) FutbolMasters shall develop the communication plan and materials that reflect the interest of the naming rights customers. f) FutbolMasters shall coordinate with the City staff for the sale of the actual naming rights or philanthropic donations. g) In addition to the above, FutbolMasters shall: 1. Estimate annual value of naming rights of the Tennis Center and Stadium. 2. Present documentation to support the estimated value. 3. ldentify the various issues associated with the procurement of a sponsor. 4. Evaluate and recommend how the Tennis Center and Stadium can improve its value. 5. Identify best categories that should be marketed for Warning rights. 6. Present proposed milestone strategy for securing the best proposal for naming rights or philanthropic donations. 7. Identify and solicit firms willing to serve as a naming rights sponsor and determine the fee they are willing to pay Delray Beach. 8. Make presentations as directed by Delray Beach as may be required. 9. Negotiate contract with sponsor for the sale of the naming rights or philanthropic donations of the Tennis Center and Stadium. FutbolMasters shall make monthly progress reports to the City Manager or his designee during the term hereof. 3. Comaensation a) The compensation to FutbolMasters pursuant to this Agreement shall be payable as follows: 1) If FutbolMasters secures a naming rights sponsor and Delray Beach enters into an agreement with such sponsor, Delray Beach will pay Futbol Masters a commission on the naming rights for the Tennis Center of 20%. The payment shall be made annually throughout the entire term of the Naming Rights Agreement. The above referenced amount shall be paid to FutbolMasters within 30 days upon receipt of naming rights payment. If Delray Beach fails to receive a payment or 2 only receives a percentage of the annual payment, then a like percentage shall only be due to FutbolMasters. The aforementioned commissions shall be payable to FutbolMasters regardless of the form of payment received by Delray Beach, whether in the form of cash, trade, in-kind service, products or any other form. FutbolMasters' commission is earned upon execution and delivery of a written agreement signed by the purchaser of the Naming Rights and approved by the City Commission. Delray Beach will pay said commission under the same terms and conditions provided for in a naming rights agreement. b) In addition to the foregoing, FutbolMasters shall be reimbursed for certain expenses in connection with this Agreement. Anticipated expenses will be paid by Delray Beach only with prior authorization prior to expenditure, which authorization shall not be unreasonably withheld or delayed. Agreed upon expenditures Include: 1 } Reasonable travel, lodging, meals, entertainment, and other expenses outside of the Delray Beach area will be paid by Delray .Beach when mutually agreed upan by Delray Beach and FutbolMasters. 4. Term and Termination a} This Agreement shall be for a period of six (6} months commencing on the date of execution, unless sooner terminated as provided herein. b) Delray Beach shalt have the right to terminate this Agreement for cause. For purposes of this Agreement, termination will be deemed to be "for cause" if based upon the commission by FutbolMasters of an act that, in the reasonable judgment and good faith of Delray Beach has materially and adversely affected the good reputation of Delray Beach; FutbolMasters' misappropriation of Delray Beach's funds or property; FutbolMasters' failure to comply with a reasonable directive established from time to time by Delray Beach and such failure continues for a period of at least thirty {30) days after FutbolMasters receives written notice from Delray Beach of such failure which describes such failure with reasonable particularity. Further, Delray Beach shall have the right to terminate this agreement for performance deficiencies. For purposes of this Agreement, termination for performance deficiencies may be made on 30 days' written notice if FutbolMasters has not met mutually agreed upon objectives. Delray` Beach agrees that any initial determination of "for cause" will be made only in good faith and not arbitrarily or capriciously. In the event Delray Beach exercises its right pursuant to this section 4{b), FutbolMasters agrees that Delray Beach will not be responsible for any further payment, except as provided herein. c) Upon the early termination of this Agreement pursuant to Section 4(b), Defray Beach shall pay to FutbolMasters all commissions due as of the date of such termination. d) FutbolMasters may terminate this Agreement upon Delray Beach's breach of this Agreement, which breach remains uncured for a period of at least thirty (30} days after Delray Beach's receipt of written notice. This right includes, without limitation, Delray Beach`s failure to provide prompt payment when due. e) Notwithstanding anything stated above, Futbo[Masters and Delray Beach agree that they will mutually evaluate FutbolMasters' progress and performance every sixty (60) days. Following fi0 days from the effective date of this Agreement, Delray Beach retains the right in its sole discretion to terminate this Agreement with or without cause upon thirty (30) days notice. f) FutbolMasters shall be entitled to receive its commission for any sale of Naming Rights, which occurs within twelve ('12} months after the termination of this Agreement for any individual, business, or entity which received a personal contact by FutbolMasters during the term of .this Agreement. For this subsection {f) to be effective, FutbolMasters shall, wi#hin thirty (30} days of contact made by FutbolMasters, furnish a list of contacts to Delray Beach which mus# be approved by the City Manager or his designee. g) Upan the execution of a Corporate Naming Rights Agreement, the AGREEMENT between the City of Delray Beach and FutbolMasters will be amended to coincide with the life of the Naming Rights Agreement. 5. General Provisions a} No part of this Agreement or any of the rights or obligations of Futbol Masters hereunder shall be assignable without the written consent of Delray Beach. This Agreement shall be assignable by Delray Beach to any affiliate or successor to Delray Beach's obligations and rights relative to, without any requirement to obtain FutbolMasters' consent. b) No party to this Agreement may waive any term, covenant or condition by his or its conduct, except in writing signed by such party, this Agreement constitutes the entire agreement between the parties, and shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Palm Beach County, Florida for any lawsuit or claim arising under or in any way connected to this Agreement. c) During the term of this Agreement and thereafter, each party shall keep secret and inviolate, to the extent permitted by law, {i} all knowledge and information of a confidential nature which FutbolMasters or Delray Beach may now know or hereafter come to know with respect to the other as a result of the engagement hereunder. d} The parties are and shall remain independent contractors to one another. Nothing herein is intended to create an employment relationship between the parties. 4 City Attorney WITNESSES: ~o A ~x~e~ tN9~ (Name printed or typed} Sh ~~~t at+~:~ u~ti-~ (Name printed or typed) STATE OF ~~ ~ ~' ~ ~' COUNTY OF d +'-'t ~a By: U v Stephen Le' h on, anaging Director FEI No. 04-3688471 instrument was acknowledged before me this ~ day of I The forego~n S~ 1~rn~cr, 200 , b S~ ear ~ ~ ~ , as , y {name of officer or agent, title of officer agent), of 1 ~ ~}re c ~u o ash, ~~• (name of corporation acknowledging), a (state or face of incorporation) corporation, on behalf of the corporation. He1She is personally known to me or has produced ~f r; ~ (.+c~~ (type of identification) as identification. . ig re of Person Taking Acknowledgment Name Typed, Printed or Stamped ~N~~pA p, GASKfNS ~,""~",•~ Pufol9a -State of f:lor9da =+o~~`'` °pe~., Natary tes Jtm 5, 2009 .y f,Ily Co,amtss3on # pD 433063 n. Comm~srot~ %~~;„~~'~ Goaded By Natioaaf Notary Ass e} The parties will take any and al! actions and execute any and afl documents necessary to implement or effectuate the terms of this Agreement. f) This Agreement shall be binding upon and inure to the benefit of the parties and their respective shareholders, officers, directors, elected officials, agencies, employees, agents, successors, and assigns. g) This Agreement supersedes all prior and contemporaneous understandings and represents the entire agreement between the parties. h} Any notice or communication under this agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given. and received when deposited in the United States Mail, properly addressed, with postage prepaid. if given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: City: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 FutbolMasters, Inc.: The FutbolMasters Group, Inc. 2200 N. Federal Highway, Suite 228 Boca Raton, FL 33431 Either party may at any time by giving ten (10) days written notice designate any other person. or entity or any other address in substitution of the foregoing to which the notice or communication shall be given. i) Nothing in this Agreement sha[I be contrary to any provision of any agreement the City currently has regarding the Tennis Center or Stadium. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials on the day and year first above written. A EST: By: V~- City Clerk CI F AY B a FLORIDA Rita Ellis, Mayor Approved as to Form: 13y: R MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Interim Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: February 11, 2008 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 SPECIAL EVENT REQUEST/BIG SHOT VOLLEYBALL TOURNAMENT ITEM BEFORE COMMISSION Approve a special event request for East End Volleyball to hold a volleyball tournament on the beach adjacent to Sandoway Park on March 29 and 30, 2008. BACKGROUND Richard Heiles of East End Volleyball has requested to hold a volleyball tournament on our beach on March 29 and 30, 2008. The tournament will be for men, women and coed doubles teams held on 20 courts. East End Volleyball is requesting the following: 1. Set up of 20 courts, one center court, and six 10' x 10' canopies on Friday, March 28th and break down on Sunday, March 30th on the beach adjacent to Sandoway Park. 2. One metered parking space for equipment van on AlA across from Sandoway Park. 3. A $5.00 parking fee per car per day with restricted parking at Sandoway Park for players. Our Ocean Rescue staff collects this money and deposits it in their competition fund. 4. Announce event from a PA system in the canopied registration area. 5. They have eight sponsors and request signage 30" high by 8' long to be located on the beach. Some of the signs will be hung up on the six 10' x 10' canopies around the center court. 6. All cleanup during and after the event will be provided by their staff. 7. They have provided us with a certificate of insurance, naming the City of Delray Beach as an additional insured. 8. They will donate $1,000.00 to the Ocean Rescue Lifeguard competition fund. We have had successful volleyball tournaments on our beach with East End Volleyball the last four years. RECOMMENDATION I recommend approval for this annual volleyball special event. Ewst End ~ Vo//eyba// s~~-gas-~~s7 ij=ax~ ~~~-~a8-978 ee~~~t a~®o.~m wwvw.e~vb.nelt January 17, 2C}{}8 Jae Weldon Parks and Recreation Department 5Q NW 1st Ave. Delray Beach, FL 33444 Dear Mr. Weldon, East End Volleyball would like to request permission to hold our annual beach volleyball tournament at Delray Beach on Saturday & Sunday, March 29-30, 2008 Here are the details far the volleyball tournament: 1. The requested site is the beach just south of the S-3 Lifeguard Tower. 2. EEVB staff will clean up the beach during and at the conclusion of the tournament. 3. We do not need access to the beach ar overnight parking for any vehicles. 4. Players will be charged a $5 parking fee if they use the Sandaway parking lot. The parking will be overseen by Ocean Rescue 5. The tournament will be for men, women and coed doubles teams held an 2Q courts. ~. Tournament set up will be on Friday, March ~8 and broken down Sunday March 3Q. 7. The following companies will sponsor the event: a. Caribbean Tourism Organization b. Wilson Sparking Goods c. Native Eyewear d_ Venus Swimwear e. Sixpak Volleygear f. Park & Sun Sporks g. Spike Nashbar h. Rider Sandals All of these sponsors will have same signs at the event. The signs will mostly be 30" high by 8` long with a PVC pipe frame. They will be hammered into the sand and also serve as ball stops between the courts. Some of the signs will be bung up on the six 1d' x 10 canopies around center court. EEVB will donate $1,0©0 to Ocean Rescue in exchange for using the beach. Please feel free to contact me if you have any other questions or need any additional information. Sincerely, ~~~ ~~ Richard Heiles East End ~ Vo/%yba// spa-728-®397 ~~~~ 2oaa.corn F~,xa 83~-728-678 vreevb.ne~ ©ecember 17. 2007 Big 5h®~ ipolleyball Tourna~ne~~ Description: Delray Beach Date March 29-30, 2008 SPECIAI-. EVENT TYPE Beach Volleyball Series Event • 2008 marks EEVB's 3151 season running beach volleyball tournaments • 100 teams (200 players} are expected to participate over 2 days. PRODUCER East End Volleyball 31 year history running beach volleyball events 500+ tournaments produced in FL, GA, SC, Rf, CT, NY, ~IJ, VA, & Puerto Rico since 1977 Schedule . EEVB set-up/breakdown dates - Friday, March 28 • EEVB staff arrives at beach at 9:00 am ^ Setup 20 courts, 6 10 x 10 canopies ^ Secure site for the night Saturday, March 29 ^ EEVB staff arrives at beach at 6:OOam to finish hanging sponsor signs • Teams check-in, 8:00 am ~ 8.30 am ^ Play begins 9:OOam ^ Play ends between S:OOpm and 7:OOpm ^ EEVB staff secures site, assigns security personae! forthe night ^ Player's Parley approximately 8:OOpm Sunday, March 30 ^ EEVB staff arrives at beach at B:ODam ^ Teams sign-in, 9 am - 9:30 am ^ Play begins 9:30am • Play ends between S:OOpm and 6:OOpm ^ EEVB staff will be breaking down the site (unused courts} throughout the day ^ All courts, tents, staging broken down by 7:OOpm ^ Gear packed in truck by 9:QOpm ^ Beach cleaned throughout tournament. Final check after all equipment is off beach ~.®CATI®N Beach across from Sandaway Park • Courts ^ 20 courts on beach including 1 center court. • Six 10' x10, "Pop-tJp" Tents ^ Are included in center court arena to house Sponsor Display & Player "Aid" stations, water, officials, and other event related personnel/materials ^ Tents will be secured by metal stakes 1=vent Stereo/PA System ^ EEVB will play do event annnuncinglPA from the canopied registration area ATHLETE PARKING • In Sandaway parking Iot EVENT GARBAGE & TRA511•I MANAGEMENT • Event does not generate much garbage EEVB staff will place any garbage in receptacles on beach or along street side parking area. • EEVB will conduct a complete beach walK-through & final clean up Sunday evening. • EEVB respects the beaches we visit and wilt do all we can to help Keep them clean. EEVB looks forward to bringing a fun beach volleyball event tc Delray Beach. please do not hesitate to call me with any questionsl Sincerely, ~~ U~. Rich Heiler A RD CERTIFICATE OF LIABILITY INSURANCE oiio7jioo$' PRODUCER (386)672-4260 FAX (386)672-4630 Rand Sports & Entertainment Insurance, Inc. 400 South Atlantic Avenue THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 101 Ormond Beach, FL 32176-7142 INSURERS AFFORDING COVERAGE NAIC # INSURED AVP Pro Beach Volleyball Tour, InC. INSURER A: Praetorian Insurance Co DBA: AVP Next INSURER B: Everest National Ins Co Suite 900 INSURER C: AIG Life Ins Co 6100 Center Drive INSURER D: Los Angeles , CA 90045 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY P0030CP000803-00 10/2 5/2007 10/2 5/2008 EACH OCCURRENCE $ 1, 000 , 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100 ~ 00 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ Excluded A X Participant Legal PERSONAL & ADV INJURY $ 1 ~ 000 ~ 000 X HOSt Liquor Ll ab . GENERAL AGGREGATE $ 2 ~ 000 ~ 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 1 ~ UUU ~ UUU POLICY PRO- LOC JECT AUT OMOBILE LIABILITY P0030CA000283-00 10/25/2007 10/25/2008 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1 ~ 000 ~ 000 ALL OWNED AUTOS BODILY INJURY A X SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ X Phys Dmg Ded-$1000 PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY P0030EX000299-00 10/2 5/2007 10/2 5/2008 EACH OCCURRENCE $ 4 , 000 , 000 X OCCUR ~ CLAIMS MADE AGGREGATE $ 4 , OOO ,UUU A $ DEDUCTIBLE $ X RETENTION $ $ WORKERS COMPENSATION AND 7000000081-071 10/2 5/2007 10/2 5/2008 WC sTATU- OTH- B EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1 ,UUU ,UUU OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ 1 ,UUU ,UUU If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1 ,UUU ,UUU OTHER. SRG0009102263 10/25/2007 10/25/2008 $25,000 Excess Med/$10,000AD&D Participant Accident C Equipment P0030PF000316-00 10/25/2007 10/25/2008 $575,000 limit/$1,500 ded. DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS he certificate holder & promoter are included as additional insureds for all event dates at all ocations and including all AVPNext event promoters. CFRTIFICATF HOI I~FR CANCFI I ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Del ray Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Att • Parks and Recreation Department BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 50 NW 1st Avenue OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Del ray Beach , FL AUTHORIZED REPRESENTATIVE r T John Rand/LYNN ACORD 25 (2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) POLICY NUMBER: P0030CP000803-00 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City of Delray Beach is listed as additional insured. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG2026 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: February 13, 2008 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 SPECIAL EVENT REQUEST/EASTER SUNRISE SERVICE ITEM BEFORE COMMISSION City Commission is requested to endorse the Easter Sunrise Service to be held on March 23, 2008, to grant a temporary use permit per the LDR's Section 2.4.6(F) for the closure of South Ocean Boulevard from Atlantic Avenue to Miramar from 6:00 a.m. to 7:30 a.m., grant the use of the pavilion, authorize staff support for traffic control, barricading and EMS presence. BACKGROUND Attached is an event permit request and letter received from Reverend Kathleen P. Gannon on behalf of the Delray Beach Clergy Association along with a site plan and budget for the service. Commission is requested to endorse the Easter Sunrise Service, to authorize the use of the beach pavilion, closure of South Ocean Boulevard and to provide staff support as listed. The service will start at 6:30 a.m., and end approximately at 7:30 a.m. No staff overtime costs will be incurred. Police and EMS assistance will be provided with on-duty personnel. Police officers with the assistance of volunteers will put up and take down the barricades. Although this is a minor event and there are no charges for City services, City Commission approval is needed to obtain an FDOT permit for the closure of South Ocean Boulevard. RECOMMENDATION Staff recommends approval of the event, the temporary use permit for the street closure, use of the pavilion and to provide staff support as requested. City of Defray Beach Special Event Permit Application PLEASE TYPE OR PR~TT DELRAY BEACH i 993 zoos EventName/Title: 0~5~~` ~u~r+S~ ~~-'~J~C'C-- ~a Event Date{s): ~.~ Lh a;~ t Z~o_cL Times: (p ~~¢-~Y( ` ~ ily-'1 Event Sponsor/Producer: ~e ~ e-~~c~U 1~e0.C.~l Gl~..~ Qu /9SSaC.~afi (~ ~~rr Event Contact/Coordinator: ~ ~\ C~~~E C rn ~: ~Ct ~~~Cl~ri __ 9 Name: C'~D S~ ~ ~ ~ S ~ ~fS t~ (~C+..~ ~~~~.ti~_L. ~1 Address: f ?~ 1~ /~ e l ~~ ~ ~ tl-~f ~f Telephone Number: a ~~ -Ys~f f . Cellular Number: - -s E-mail Address: tee ka~?`h ~e_e~_~~ ~~c~iu:l~?~elr'cx-c~, ~~~i Event Descriptioxa/Purpose: o~ ~- i CAL aI Brief History of Event (If applicable): ~e.~t.~ Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, garrxes, other programs}: ex's, ~ ~v i C.p, ~ S r~ ~ f'Ylu-SL L Number of Individuals Served Previous Year (if applicable): ~~dU(7' a2r ~~~ Describe the targeted population and expected attendance: Ce 1 1 P~ ri('i (` l3. f't C~ fl !1'1(3_.~.t.i \Ln C 19~Y.2 ~ ~ ~ S ~ ~ ~ !S!%7~-C~.. 6/ ~1 Q _ /70. 2 C L~ C9-~ ~f 1'K~~ S C@.h 1 4 , r Describe how the. rogram or project addresses. community needs: 1 n ~~A { i t a rs `~~ n V t~ u ~ ~ ' s ~ Cv ~ l Describe your Marketirzg/Prozxxotions Program (How will you market/promote, z.e. TV, radio, posters,~flyers, web sites: other): ~ l Sponsor Category {please check} .City ^ Non-ProfitlCharitable ~1 Private ^ Co-Sponsor -Nan-I'rofitlPrivate. ca (If Non profit attach proof of SOlc(3), c(4), c(6), C(10), or c(.l9) or (d) Event Location (Describe area boundaries of event/location}: PrJ~~ [,[5~S ~,t.o ~rn4ll Ddv[1r[.a~_ ~ Site plan attached: yes no^ (Site plan required for entire event site. Include locations of tents, stage, portalets, duinpsters, portable lighting, and barricade location if applicable,.} Rental of Old School Square: yes no~_ (If yes, attach proof of approval} Private Property Use: yes, no (If yes, attach letter giving authorization from property owner) Event budget attached: yes~~ no (Required for all events) Previous year Revenue/Expense summary attached: yes no X (Required for all events} Do you have cash sponsors for the event: .yes no x ___ (Indicated on budget) Do you have inkind sponsors for the event: yes no {Indicated on budget) L}:IwwdatalCreative City Co!labrative CommitteelSpecia! Event Permit Application Final 4.6.07.doc ~. ~ .. Serving or selling alcoholic beverages: yes no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: (Waiver required} yes !~ no Will there be entertainment: yes no {If yes, attached list of Performers andlor D3's} If yes? sponsor agrees all entertainment will be family oriented and contain no obscenities: yes ' no Requesting Police assistance: yes ~ no (traffic controUsecurity} Will supplement with private security: yes no~~ (If yes, need plan attached} Requesting .Emergency Medical assistance: yes ~ no Requesting barricade assistance: yes_~ no (If no, how are you handling?} Requesting trash removaUclean up assistance: yes ~ no (Will be billed to sponsor) Requesting trash boxes/containers and liners: yes~_ no Requesting stage use: yes no (If yes, check type) Large stage (14' x 3G'} ^ Small stage (16' x 21') ^ HaIf small stage (S' x 21') ^ .Requesting signage: yes no~ Type: 4'x4'Event sign Parking Signs Banner hanging .. Indicate dates required (Waiver required if more than one (1) week prior to event) Requesting City Portable Generator: yes ~ no {If yes, size & power) Food and beverage vendors: If yes, approximate number (Health Department approval required) yes nom no X U:IwwdatalCreativc City Collabrativc Committeelspecial 1~vent Pemnit Application Fina19.6.07.doc . ~ Other vendors: {Indicate type) yes no~_ Tents: yes If yes, How many What size or size required (If yes, tent permits and fire inspections may be needed) Will the event include amusement rides: yes no X (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: yes na X (Show on-site map) Will there be a charge for the event: yes na x (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no~X (If yes, contact Fire Marshal to obtain and complete permit application) ViWill there be cooking with compressed gas: yes no~ (If yes, contact Fire Marshal for inspections) Will you be providing port-a-lets for the event: yes no (If yes, locate an site map. If no, indicate how you will handle restroam needs) is reserved parking requested: yes no (If yes, indicate locations and purpose for use) Event Permit Attachments: x.__Revenue/Expense Budget Revenue/Expense Recap Last Years Event Site Plan ~ Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages ~__.Proof ofNon-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement Submittal Date Requirements: l/• Minor Event .45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event U:lrvwdatalspecial Event Requestlspecia! Event Permit Application FINAL 9.b.67.doc no X i ~ ~ -. 1[ Event Contractor/Coordinator Dat Please print: Re.~7~a't~1eQ,~~ ~9-c~~v`9~n Please enclose the appropriate non-refundable application. fee payable to the City of Delray Beach, 100 N.W. l5t Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Qnly Date Received Application fee received $ U:IwwdatalCreative City Co![abrative CommitteelSpecial Event Permit Application Fina] 9.6.07.doc Delray Beach Clergy Association Easter Sunrise Service March 23, 2005 Estimated budget )<tem Provided b Estimated Cost Permit Fee $50.00 Music The Larry Mellone Ensemble donated by St. Paul's E isco al Church Sound S stem Marathon Music in kind donation Sound S stem set u mazathon Music $200.00 Van/E ui rnent trans ort DBCA member in: kind Pro ams Printin Plus donated b Tinter City Services Delray Beach As per city's special event olic Advertising press releases bulletins in local chwches Delray Beach Clergy Association none Usherin Bo Scouts and I{iwanis Total l~nown costs $250.00 Income offerin $5,000 1~V~ r- ~~ ~ R ~,~`Lc p ~d~ G~Cri',S e~ s-~r~f fa41 ,t1aW 1~t~i~t .~-~-~ric~ a -~- ~ '~~~ .h pa yr h~ . ,~11~~ ~ ~~Yt ~"ti Sit 1~ ,~~t.,Mf~~ i~~ ~ ~ 3 t~ c.,,-„ ., ,~. C-r~jr~ 6~in~ ~; 3~,~r~ ~ . ~-~1~~ ~~. ~~ ~`~ ~' ~~ a~~'r~'~ r d~~a,~r o.,'~ ~ ~~~e~r~7.3~ Z00(~J $~IrI3U SIIS:}VI~'~ rLI.I~ ~BBItCYZi85 Y~3 ZZ:OL ~oArinzirn REC~lV~D FEB 4 ~~ 90A8 ~~ .Adtsy~ Qagy bias Co-pNmr~d(~ Tlut lieverreod Aos~a Cason MetLo~t Chanch ndrey Reach RabSd nr. ana~ t. weeder Tempit Saaai C1cJray Eeach V1ixArauidant Tl~e Revetrnd ffathleen P. [3annan St Pag1's F.psieopal C:khwrh ndray Beach ~,~ ®derMgjorRet~ius s~. rahn Primitive Bapt~t C~uirh nay Beach CITY MANAGER damuary 3l, 2t)d8 City of Delray Reach 1D0 NW First Avenue Delray Beach, FL 33445 Attn: David Harden, City Managerr Re: Special Evert Easter Sunriffie Service Sunday, March 23, 2d0~8 at 6:30 a.m. - 7:30 a.m. Noise Waver Request Dear Mr. Harden: On bef~alf of the members of the Delray Beach Cler~+ Association, I resp~tfiilly submit a Noise Waiver Request as required under Policies and Procedures/Special Everrts for the Easter Sum~ise Service, Sunday, March 23, 2DD8. I have also attached a Dopy of the Application for Special Event, which incl~ides all pertinent information about the evaxt for your review. Should you furthtr information, pleas contact me at (5b 1) 276-4541. Thank you for every consideration. Shy= i- The erend Kathleeao P. Gannoa St. Paul's Episcopal Church Vice President, Iklray Beach Clergy Association MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: February 13, 2008 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY 4, 2008 THROUGH FEBRUARY 15, 2008 ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of February 4, 2008 through February 15, 2008. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Historic Preservation Board -Meeting of February 7, 2008 A. Approved with conditions (6 to 0, Roger Cope absent), a request for a Certificate of Appropriateness for the installation of accordion shutters and a Bahama shutter on anon-contributing building located at 110 NE 5th Street. B. Continued (6 to 0), a request for a Certificate of Appropriateness associated with the replacement of windows and the installation of a fence on anon-contributing structure at 418 NE 2nd Avenue. The Board requested that the applicant be present to address, if the windows are impact resistant or if shutter protection is to be provided and to provide plans showing which windows have been replaced and which windows are original. RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map N HPB A. 110 NE 5TH STREET 8. 41 ~ NE 2ND AI/ENUE ~~~-~~-~~- CITY LIMITS ~~~~~~-~~- ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT FEBRUARY 2008 MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\2-19-OS --DIGITAL BASE MAPSYSTEiLI-- MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph L. Schroeder, Chief of Police Sharon L'Herrou, Administrative Officer THROUGH: David T. Harden, City Manager DATE: February 10, 2008 SUBJECT: AGENDA ITEM 8.J.1 -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 PURCHASE AWARD/DELL/POLICE SERVER- IN-CAR VIDEO SYSTEM ITEM BEFORE COMMISSION The Delray Beach Police Department seeks approval to purchase a server for $16,547.84 from Dell through state contract # 250-000-03-1. This server is a necessary component of the in-car video system approved in the CIP Budget. BACKGROUND The Delray Beach Police Department is currently working on a multi-year project to install in-car video systems in all Department patrol vehicles. This type of technology is already being utilized by many local law enforcement agencies and is considered necessary for meeting safety standards and avoiding liability. This server is necessary to the functioning of the in-car video system. The City's LT. Department researched the required equipment and has recommended this server for its ability to expand and for its cost effectiveness. FUNDING SOURCE Funding is available in the CIP Budget, #334-2111-521-64.90. RECOMMENDATION The Police Department recommends approval. file:///C~/Documents and Settings/smithd/Local Settings/Temporary Internet Files/OLK662/Quote_406523261.html DELL QUOTATION QUOTE #: Customer #: Contract #: CustomerAgreement #: Quote Date: Date: 1/2/08 2:14:59 PM Customer Name: 406523261 1015934 90231 250-000-03-1 1 /2/08 CITY OF DELRAY BEACH ase nit: ua ore eon 54 5 rocessor x ac e, z, 1 z 1 5 -4 54 rocessor: n ormation, o econ rocessor 11-11 emory: 7 z 4 51 ing a an e s 11- 15 ey oar o ey oar a ecte i eo ar roa com ua ort / na a icroso t n y 4 -14 7 i eo emory: iser wit a ots or ower ge 1 5 -4 4 ar rive: 7 15 eria - ttac ps .5-in of ug ar rive 41- ar rive ontro er: i ontro er x4 onnectors, nt, e 5 ace 41-57 1 perating ystem: in ows erver tan ar ition, nc u es 5 s 4 -57 Ouse: Ouse ption one 1 - 4 ua m e e roa com et treme 57 iga it t ernet 4 -17 or rive: 4 / rive or ower ge ervers, 1 - 1 oun ar eze or 1 5 1 - 7 pea ers: 1x ac pane or .5-inc ar rives 11-7 5 ocumentation is ette: ectronic ocumentation an pen anage it, 1 5 1 -7 itiona torage ro ucts: 7 15 eria - ttac ps .5-in of ug ar rive 41- ontro er ption: 5/e ontro er, x4 onnectors, xterna , e 41- eature ntegrate / 1 /i ntegrate / /i 41-577 eature i ing api / ersa ai s an a e anagement rm, niversa 41- ervice: remier nterprise upport ervice o e come etter 1 - 7 5 Service: nterprise upport: 4 our 7x 4 nsite ervice wit (960-7442) mergency ispatc xt Service: nterprise upport: 7x 4 sca anon anager, w/ w Enterprise Com mand Center, 3Yr (960-7862) ec one upport, Service: nterprise upport: 4 our 7x 4 nsite ervice wit (970-3530) mergency ispatc ,nit ervice: a ar ware arranty us nsite ervice nitia 4-151 ervice: a ar ware arranty, xten a 4-15 nsta anon: n- ite nsta anon ec ine 7 Misc: Redundant Power Supply with Y-Cord (310-9929) file:///C~/Documents and Settings/smithd/Local Se...porary Internet Files/OLK662/Quote_406523261.html (1 of 3) [2/13/2008 4:11:47 PM] file:///C~/Documents and Settings/smithd/Local Settings/Temporary Internet Files/OLK662/Quote_406523261.html Base Unit: ower au t ac Bezel (222-2299) ay xterna torage rray wit oc ing ar rive: 1 7. niversa ps .5-in of ug ar rive 41-5 ar rive ontro er: wo nc osure anagement o u es, ower au t 1 / 4 - a e: a e, eter, x 1 -7 itiona torage ro ucts: 1 7. niversa ps .5-in of ug ar rive 41-5 ontro er ption: ustomer a rea y as a 5/ ontro er ar equire to operate 1 41- 154 eature api ai s or e , or of er quare o e ac s, xx 1 -7 Service: ype ontract - ame Extended (981-1052) ay 4- our 7x 4 arts an a or nsite esponse, ear Service: o nterprise upport: Year (981-6082) nterprise xpert enter, nterprise omman enter Service: ype ontract - ame (981-6590) ay 4- our 7x 4 arts an a or nsite esponse, nitia ear ervice: a ar ware arranty us nsite ervice nitia ear 5-7 17 ervice: a ar ware arranty us nsite ervice xten a ear 5-75 ervice: remier nterprise o n eman ngineer ispatc everity 1 ree ears 1- 15 Service: remier nterprise o upport- om p ex Pack-Exp. 3 Y ears (981-6112) eso utions w/ vance o tware upport- nsta anon: n- ite nsta anon ec ine 7 isc: 1 7. niversa ps .5-in of ug ar rive 41-5 isc: 1 7. niversa ps .5-in of ug ar rive 41-5 isc: 1 7. niversa ps .5-in of ug ar rive 41-5 isc: 1 7. niversa ps .5-in of ug ar rive 41-5 isc: 1 7. niversa ps .5-in of ug ar rive 41-5 isc: a e, eter, x 1 -7 isc: 1 7. niversa ps .5-in of ug ar rive 41-5 1 7. niversa ps .5-in of ug ar rive 41-5 1 7. niversa ps .5-in of ug ar rive 41-5 1 7. niversa ps .5-in of ug ar rive 41-5 1 7. niversa ps .5-in of ug ar rive 41-5 1 7. niversa ps .5-in of ug ar rive 41-5 1 7. niversa ps .5-in of ug ar rive 41-5 1TB 7.2K RPM Universal SATA 3Gbps 3.5-in HotPlug Hard Drive (341-5889) eremy erz 1800-981-3355 mai ress: jeremy_merz a .com one xt: 723-1433 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. Orders may be faxed to the attention of your sales representative to 1-866-607-6914. You may also place your order online at www.dell.com/qto Unless you have a separate agreement with Dell, the terms and conditions found at http://ftpbox.us.dell. com/slg/resellers/resellertcs.htm shall govern the sale and resale of the Products and Services referenced in this quotation. Prices and tax rates are valid in the U.S. only and are subject to change. '"'"Sales/use tax is a destination charge, i.e. based on the "ship to"address on your purchase order. Please indicate your taxability status on your PO. If exempt, please fax exemption certificate to Dell Tax Department at 888-863-8778, referencing your customer number. If you have any questions regarding tax please call 800-433-9019 or email Tax Department~a dell.com. '"'" All product and pricing information is based on latest information available. Subject to change without notice or obligation. file:///C~/Documents and Settings/smithd/Local Se...porary Internet Files/OLK662/Quote_406523261.html (2 of 3) [2/13/2008 4:11:47 PM] file:///C~/Documents and Settings/smithd/Local Settings/Temporary Internet Files/OLK662/Quote_406523261.html LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal options at US_Dell_ARS_Requests@dell.com. Minimum quantities may apply. Shipments to California: For certain products, a State Environmental Fee Of Up to $10 per item may be applied to your invoice as early as Jan 1, 2005. Prices in your cart do not reflect this fee. More Info: or refer to URL www.dell.com/environmentalfee file:///C~/Documents and Settings/smithd/Local Se...porary Internet Files/OLK662/Quote_406523261.html (3 of 3) [2/13/2008 4:11:47 PM] MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph L. Schroeder, Chief of Police Sharon L'Herrou, Administrative Officer THROUGH: David T. Harden, City Manager DATE: February 10, 2008 SUBJECT: AGENDA ITEM 8.J.2 -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 PURCHASE AWARD/FORTIS SE DOCUMENT MANAGEMENT SYSTEM/ POLICE DEPT. CANOFILE UPGRADE ITEM BEFORE COMMISSION The Police Department requests approval to purchase the Fortis SE Document Management System through PMI Imaging Systems for $25,235. This is an upgrade of our current Canofile system which is obsolete and no longer supported by the manufacturer. BACKGROUND The Delray Beach Police Department currently utilizes the Canofile system to manage records and in- house documents. However, that system is outdated and no longer supported by the manufacturer. Therefore, the Department seeks approval to move to a more appropriate system. The Fortis SE Document Management System is able to capture, index and retrieve any type of document generated in-house or received externally (via fax). It will be utilized primarily by the records unit, but will enable all police personnel to retrieve reports via the network. PMI is the vendor for our current Canofile system and would therefore be responsible for completing the upgrade. FUNDING SOURCE Funding is available within the Police Department's approved budget in account number: 001-2111- 521-66.10. RECOMMENDATION The Police Department recommends approval. From: Gary Tobiczyk [mailto:GTobiczyk@pmifla.com] Sent: Thursday, February 14, 2008 8:19 PM To: Delaney, Dawn Subject: RE: Fortis Upgrade Hi Dawn, In effect it is an "upgarde" to the Canofile. Canon is no longer making the Canonfile software, you already are using the upgraded scanners and this is the recomended replacement. It is recomended by most Canon dealers as the next logical step. We are the largest Canon dealer in the U.S. and this is what we are upgarding everyone too. We would migate the data as well. We have already gotten the software in our facility and are standing ready to "upgarde". Thanks, Gary From: Delaney, Dawn [delaney@ci.delray-beach.fl.us] Sent: Thursday, February 14, 2008 3:31 PM To: Gary Tobiczyk Subject: Fortis Upgrade Gary, 1 was asked to clarify that this proposal is an upgrade to the current Canofile and not an entire new system. If it is then 1 was asked to find out if there are other vendors that have comparable systems. (It's a city purchasing requirement) Thanks in advance. Dawn Delaney Supervisor, Police Information Services Delray Beach Police Department 561-243-7834 PMI Imaging Systems of Florida, Inc. 2100 Park Central Blvd. North Suite 300 Pompano Beach Florida, 33064 Table of Contents Diverse Solutions .................................................................................................................. 2 System Summary ........................................................................................................................ 2 Free Features and New Features recently added to Fortis SE .................................................... 3 Fortis SE 10 Concurrent Users ................................................................................................... 5 Software Pricing ................................................................................................................... 5 Hardware Pricing .................................................................................................................. 5 Professional Services .......................................................................................................... 6 Software Assurance ............................................................................................................. 6 System Totals ....................................................................................................................... 6 CanoFile Document Management System Conversion .............................................................. 7 Delray Beach Police Document Imaging Proposal We~lnes~lay, February 13, 2008 1 Diverse Solutions Our document management system literally puts information at your fingertips, delivering data, text, images, and other information to your workstation. From mainframes, minicomputers, and network based servers; our system delivers all the information necessary to process a business transaction -immediately and reliably. You can improve the quality, and profitability of your operations by reducing processing time, data entry errors, and physical storage space. PMI delivers products on an industry-standard, client-server architecture making the PMI solution flexible enough to accommodate work environments ranging from work groups, to departments, to an entire enterprise. Our solutions include a logical growth path without jeopardizing your investment in applications and systems software. You can choose from a variety of popular platforms and products, personal computers, printers, and scanners. PMI is bringing productivity solutions to such general business applications as underwriting, loan servicing, claims processing, litigation support, accounts payable and receivable, and human resource management. Applications are flexible enough to serve all industries -legal, health care, manufacturing, hotel, banking, transportation, insurance, education, and government to name a few. System Summary PMI Imaging Systems has carefully considered the objectives and requirements of Delray Beach Police document details, the associated products, and configuration and costs. The proposed system is based on the Fortis SE network version of Westbrook Technologies flagship Fortis product with a total seat population of 10 concurrent users (with all users having access). It will be able to capture, index and retrieve any type of document generated in-house or received externally (via fax), either as a source or electronic document. Fortis SE is designed with 32-bit architecture. This system can be upgraded and expanded to other departments (human resources. etc). Other upgrades include modules for Internet access (PowerWeb), Image Enabling legacy systems (EnableIT), ERM Cold applications and workflow applications (INFLO). It can also be upgraded to a more robust Microsoft SQL database (Sequel Server) if volume increases significantly. The cost of the software license, hardware and professional services and support are detailed in the cost profile section. All prices are held true for a period of thirty (30) days as of the date of this proposal. Delray Beach Police Document Imaging Proposal We~lnes~lay, February 13, 2008 2 Free Features and New Features recently added to Fortis SE ^ Field and File Level Security provide additional granularity in securing what users can do at an index level therefore protecting the integrity of the index. ^ Group Feature Access allows administrators to assign users to groups with a set of defined feature access permissions. This enables the control of example who may print, fax, email, annotate and many others. ^ Export to XML provides for the transfer of index data and images for import to another system that has an XML import facility. This is a standard way of sharing information between different type hardware and software technologies. ^ Picklist support for PowerWeb. For those customers with the PowerWeb option Edit station users have the ability to pick from a predefined list. ^ Picklist length increased to 128 characters. ^ Document Bursting. You can burst pages in a document so that you separate a single document file consisting of multiple pages into multiple documents. For example, you can capture ten invoices into a single Fortis document and with the burst feature, separate the first three invoices in that file into a new document. ^ Multi value fields. Fortis supports multi-value index fields for improved entering and editing of index data. Amulti-value field lets you enter more than one value into that field, and each value you enter is a separate row in the index field. For example, you might enter PO-0101 in one row and PO-0132 in another row of the Purchase Order field. ^ TWAIN scanner support. This additional scanner technology supports allows customers to add inexpensive TWAIN to the desktops for low volume scanning. ^ Document versioning. Document versioning insures that a history of modifications is recorded by keeping a trail of modified documents. Each alteration creates a new copy. ^ Document Check In and Check Out. Document Check In and Check Out provides for the ability to control multiple alterations of a document at the same time. A user who initially checks out the document with proper permissions can alter the document while others can only view the document. ^ Versioning works with the Check In and Check Out feature. When versioning is enabled for a Document Type, Fortis maintains version information for documents assigned to this Document Type, thereby creating multiple versions of the file. Delray Beach Police Document Imaging Proposal We~lnes~lay, February 13, 2008 3 ^ Fortis Office. Fortis Office provides users of Microsoft Office the ability to directly index and archive office documents into Fortis SE. This feature supports Word, Excel, Power Point and Microsoft Outlook email. This provides for a secure centralized storage of office documents for all users on Fortis SE. ^ Audit Trail. Audit Trial provides administrators the ability to track events that occur when users access documents. Audit Trail basically tracks events such as who, what, when and where while users are using the system. This provides for a history as to the events that occurred. Audit Trail provides reports that can be used to audit activity. ^ Quick Find. Quick Find is a utility that sits on the desktop that is used to access documents using pre-defined searches without having to be in a Fortis client such as Scan, Edit or View. ^ Barcode and OCR. Barcode and OCR are used to automate the indexing of documents when the documents lend themselves. Barcode can also be used to separate documents into independent documents when a stack of different documents are placed on the scanner. They can then be indexed separately. ^ Full Text Search. When documents lend themselves to the OCR feature Full Text Search can be enabled. This allows users to perform a variety of intelligent searches on the text version of the image file. Delray Beach Police Document Imaging Proposal We~lnes~lay, February 13, 2008 4 Fortis SE 10 Concurrent Users Software Pricing Fortis SE 10 User S stem $15,000.00 $15,000.00 Annotations for view clients NC NC Audit Trail NC NC Auto Lo off NC NC Barcode En ine NC NC Full Text Search En ine NC NC Ima e Enhancement NC NC LDAP NC NC O tical Character Reco nition NC NC Office Irate ration Module NC NC uickFind NC NC Fortis SE Shared Client NC NC Software Total $15,000.00 $15,000.00 Hardware Pricing ~ ~ < <i' A lication Server Customer to Provide Pentium III 800 MHz or Greater Windows 2000 Server/Windows Server 2003 512MB Ram or Greater Ultra ATA 100 EIDE/ SCSI Ultra 160/WHQL Certified RAID Scan Station Pentium III 800 MHz or Customer to Provide Greater Windows 2000, XP Pro, Mouse, Network Adapter, 17" + SVGA Monitor Delray Beach Police Document Imaging Proposal We~lnes~lay, February 13, 2008 Professional Services Fortis SE Ima in S stem Installation and Im lementation $4,990.00 Trainin (End Users and Admin $1,495.00 Professional Services Total: $6,485.00 Software Assurance Fortis SE Annual Software Assurance $3,750.00 Software Assurance Total: $3,750.00 System Totals Software Total $15,000.00 Professional Services Total $6,485.00 Annual Software Assurance Total $3,750.00 S~~stem Total: $25,235.00 By signing below Delray Beach Police is accepting this proposal as a binding agreement for the purchase of the products and services listed above by PMI Imaging Systems. When this document is received back with signature, PMI Imaging Systems will provide Delray Beach Police with an Invoice and or Lease Agreement for the products and services listed above. Delray Beach Police Representative: Date: Delray Beach Police Document Imaging Proposal We~lnes~lay, February 13, 2008 CanoFile Document Management System Conversion Presently the Delray Beach Police Records department is using a CanoFile document management system. The CanoFile system is no longer supported by the manufacturer. PMI Imaging Systems proposes that the indexes and document images on the CanoFile disks be exported and imported into the Fortis SE document management system. There are approximately sixty disks with images and data. To reduce the cost of conversion from CanoFile to Fortis SE, the Delray Beach Police Records department may choose to have PMI Imaging Systems train Records department staff to perform the conversion. As an option though PMI Imaging Systems can perform the conversion at a unit cost of $250.00 per disk. This includes export from CanoFile, and import into Fortis SE. Delray Beach Police Document Imaging Proposal We~lnes~lay, February 13, 2008 '] MEMORANDUM TO: Mayor and City Commissioners FROM: Patsy Nadal, Purchasing Manager Joseph Safford, Finance Director THROUGH: David T. Harden, City Manager DATE: February 12, 2008 SUBJECT: AGENDA ITEM 8.J.3 -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 PURCHASE AWARD TO HECTOR TURF ITEM BEFORE COMMISSION City Commission is requested to approve award to Hector Turf for the purchase of one (1) Toro Groundmaster 3100 with 11 blade cutting units and wiehle rollers for the Delray Beach Golf Course in the total amount of $21,584.38 per quote dated 01/07/2008 via the Florida State Contract #515-630-06- 1, effective 05/17/2006 through 05/16/2009. BACKGROUND This mower will be a replacement for the existing greens and tee mower at Delray Golf Course that is used also to service the Lakeview Golf Course. The existing mower will be relocated to the Lakeview Golf Course and serve as a backup mower and for replacement parts. FUNDING SOURCE Funding from account code: 445-4761-572.64-90. RECOMMENDATION Purchasing staff recommends the award to Hector Turf for the purchase of one (1) Toro Groundmaster 3100 replacement green and tee mower including attachments for the total amount of $21,584.38 per quote dated January 07, 2008 via the Florida State Contract #515-630-06-1, effective 05/17/2006 through 05/16/2009. Feb 12 OS 09:16a JANE CRI7CHLOW r: . S -- `i .Tauuary 7, 2008 954-725-6701 p.1 1309 N.1^I. THIRd STREET. DEERFIi=LD BEACH, FL 33442 'j'EL. (9541 429-3240 • FAX: (954) 36Q-7fi57 Mr. Steve Bureau Fax 561 243 7386 Golf Course Superintendent City of Delray Beach Municipal Golf Course 220fl Highland Avenue Delray Beach, FL 33445 Dear Mx. Bureau: ~~e are pleased to offer the fallowing quotation for your considEration.. Model # Descri tion Lrst Price 1 ea 0435& Taro Greensrnaster 31Q0 wI 1 I Blade Cutting Units ar~d Wiehle Rollers $21,554,38 1 ea 08705 Toro Sand Pro 5040 $13.125.60 Pricing per Florida State C©ntzact ~` 515-630-D6-1 Effective: 5117/D6 - S116lQ9 The aiao~~e quotation is based upon your acceptance within thirty (30) days from the date of this Ietter and is subject to manufacturer's availability and 1~lorida State Sales Tax (if applicable). Our texxn.s of sale are Cash on Delivery or upon credit approval, Net 10 Days. Thank you for the opportunity to provide you a quotation. If you ha~.~e any questions or require additional information, please contact me at (954) 429-32011, Extension 345. Vl%e appreciate your interest and look forward to doing business ~vith you. Sincerely, HECTOR Tt~ / ~ ~ ~~ ~l I ~~ G ~ r y-~~-~~~ ~, Michael J. Leising Senior Account Representative CommereiallCtr'igation Products MJL jac MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: February 8, 2008 SUBJECT: AGENDA ITEM 8.J.4 -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 PURCHASE AWARD/METRON-FARNIER, LLC ITEM BEFORE COMMISSION Request to approve a purchase award to Metron-Farnier, L.L.C. in the amount of $37,689.00 for the purchase of large water meters. The request is for refurbished water meters of the following quantities; 20 - 3" Spectrum 175 water meters at a unit cost of $963.00 each, 12 - 4" meters at $1,345.00, and 1 - 6" water meter at $2,289.00. All applicable warranties would apply as if purchased new. BACKGROUND The Public Utilities Department requested funding for the Large Water Meter Replacement program with current year's budget allocation at $40,000 for replacement of various large size meters (3" and larger). This is the third year of a four year program which was developed to replace most of the aging large water meters throughout the City. Most of the large meters in place today are approaching 10 years of service and greater. Due to their age, the inside components have deteriorated to the point at which maintenance and service is no longer an option. Since their metering accuracy has diminished, there is also a potential loss in revenue. Under the City's current vendor for water meters, Sensus Metering Systems, a new equivalent 3" Compound meter would cost $1,360.00 (line item #27), a 4" at 2,260.90 (item #18), and a 6" meter at would cost $3,420.19 (item #20) for a total cost of $57,750.99 for the same quantities reflected in the Metron quote. However, to replace these meters with Sensus models would require reconfiguration (fittings and considerable labor) of the existing assembly, including the meter vault. The refurbished Metron meters would be an exact fit replacement. These refurbished meters will have all applicable warranties as if new. The potential savings in material alone would be $20,061.99. FUNDING SOURCE Funding is available from account account #442-5178-536-61.81, Water and Sewer Renewal & Replacement Fund/ Water Meter Replacement Program. RECOMMENDATION Staff recommends an award to Metron-Farnier, L.L.C. in the amount of $37,689.00 for the purchase of 331arge water meters to continue the Large Water Meter Replacement program. Metron-Farnier, LLC. 5665 Airport Blvd. Suite 105 Boulder, CO 80301 Customer No.: DELRAY BEACH Quote No.: 5068 Quote To: City of Delray Beach Attn: Accounts Payable 100 NW 1st Ave. Delray Beach, FL 33444 Quote Ship To: City of Delray Beach Attn: Scott Soloman 434 S. Swinton Ave. Delray Beach, FL 33444 20 MF-RFB-175G Warranty MPIII-65G 963.00 19260.00 3" meter 12 MF-RFB-260G Warranty MPIII-80G 1345.00 16140.00 4" meter 1 MF-RFB-2000G Warranty MPIII 150 LFFG 2289.00 2289.00 6" meter 33 MF-AMR-TPP Touchpad - Pitmount 0.00 0.00 Program encoder in 1000's Ga Quote subtotal 37689.00 Quote total 37689.00 Thank You From: SENSUS NIETERlNG SYST To: 5612437301 SCOTT SOLLMAN fv3sg#a95fi77.0.1 02!05/2038 15:03:06 Paga 4 of 7 Page 3 ~~~~ V ,~ METERIiVG SYSTEMS 15p1 Ardmore boulevard Sth Floor Pliisburgh Pennsylvania 15221 tJ5A TOLL FREE HOTLINE 1-800-141ETEFt-IT 1-B00.63d-3748 Line Description 14 Part#: 51.91.496131017 METER 3"125W FIRE HYDRANT DR GALLON, W/BRONZE COUPLINGS L/SCREEN 15 Part#: 5191496031004 METER 3" 125W FIRE HYDRANT DR GALLON, L/COUPLINGS 16 Part#: 5191490571923A METER 3" W350S TURBO TRPL 1000 GALLON, 5 WHEEL 4A W/INTEGRAL STRAINER W/20' WIRE, SENSOR & HOCTSING 17 Part#: 5191690671904A METER 4" W1000 TURBO TRPL 1000 GALLON, 6 WHEEL 3A W/20' WIRE, SENSOR & HOUSING - 18 ': Part#: 5731690471902B METER 4" SRH COMPOUND TRPL 10,000 GALLON, 4 WHEEL 5B ROCKSYN CEIAMBER W/20' WIRE, SENSOR & HOUSING 19 Part#: 5191890671902A METER 6" W2000 TURBO TRPL 1000 GALLON, 6 WHEEL 3A L/STRAINER W/20' WIRE, SENSOR & HOUSING 20 Part#: 5737.8904719028 METER 6" SRH COMPOUND TRPL 10,000 GALLON, 4 WHEEL 5B ROCKSYN CHAMBER W/20' WIRE, SENSOR & HOUSING 21 Part#: 7171890307001 STRAINER 6" BRONZE QUOTATION Your Quate Number: 7127 US Dollar Quantity U/M Unit Price 1 EA 51.0.850 1 EA 374.230 1 EA 810.000 1 EA 1,373.570 1 EA 2,260.900 1 EA 2,066.020 1 EA 3,420.190 1 EA 723.310 This Quotation is an oftsr to sell wh~h aicl~des and is subject t4 the 5ensus Metering Systems Terms of Sale avallahta fur viewing and dormioadirrg at hltp:llvuwwaenaus.comRc t'lease mrnact Customer Service at i=800,538-9798 if you are unable 1o access 1h15 site and require a pri~rted copy of the Terms of Safe From: SENSUS hfiETERING SYST To: 5612437301 SCOTT SOLLNfAN N€sg#l445677.t}.1 02/E7512008 15:9:06 Page 5 of 7 Page 4 T QUOTATION ~~~~ V MITERING SYSTEMS Your Quote Number: 7127 45{11 AcdmareBoulevard US Do11ar 6th Floor PIt[shufgh Pennsylvania 15221 USA TOLL PEWEE H4TLiNE 1-$flD-fufETER.R t-8g[7-G3~374e Line Description Quantity U/M Uni.t Price 22 Part#: 5171890000067 1 EA 557.650 STRAINER 6" DUCTILE IRON W/CAPSCREWS & GASKETS 23 Part#: 5191990031001 1 EA 2,856.390 METER 8" W3500 7."C7R.B0 DR GALLON, L/STRAINER 24 Part#: 5191990031051 1 EA 3,782.490 METER 8"' W3500 TURBO DR GALLON W/DUCTILE IRON STRAINER 25 Part#: 5192090031051 1 EA 5,121.020 METER 1.0" W5500 TURBO DR GALLON W/DUCTILE IRON STRAINER 26 Part#: 5192090031001 ~. EA 4,382.930 METER 10" W5500 TURBO DR GALLON, L/STRAINER • 27 '' Part#: 57314904719028 1 EA 1,360.400 METER 3" SRH COMPOUND TRPL 1000 GALLON, 4 WHEEL 58 ROCKSYN CHAMBER W/20' WIRE, SENSOR & HOUSING 28 Part#: 5171490000061 1 EA 270.000 STRAINER 3" BRONZE, W/CAPSCREWS & GASKETS 29 Part#: 5390653710028 1 EA 989.840 ACTPAK 1100I~ E-SRS TOTALIZER & FLOW INDICATOR 30 Part#: 5103 1 EA 264.140 TURBO/SRH/PROPELLER HIGH SPEED PICK UP ADS ON TO METER PRICE Thia quotation Es an offer to sell which emludes sod is subject to the 5ensus Meieri[[g Systems Tams of Beale avaltetsle for v'sewarg eRd dcwrr[loading at ht~rJlwmv,sanaus.con[ltc ;'lease ~nract Customer 3e[vica at i-$oo~6363748 if you are unabie to access this site and require a primed copy of the. Temps of Sale MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph M. Safford, Finance Director THROUGH: David T. Harden, City Manager DATE: February 11, 2008 SUBJECT: AGENDA ITEM 8.J.5 -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 CONTRACT AWARD/,TADE COMMUNICATIONS, INC./IT SPECIALTY EQUIPMENT CONTRACT ITEM BEFORE COMMISSION The City Commission is requested to approve the specialty equipment detailed in the attached correspondence from Jim Sinopoli, P.E. for the Information Technology building. This specialty equipment consists of rack air-coinditioning systems, clean agent fire suppression systems, universal power supply battery backup systems, cabling and the actual movement of equipment from the present building to the new building. BACKGROUND The City Commission previously approved the retention of Jim Sinopoli, Professional Engineer, whose specialty is Information Technolgy buildings. He has been working with David Miller, Architect, in the development of the new IT building adjacent to City Hall. His equipment recommendations are attached. All equipment is either on State Contract or County Contract. FUNDING SOURCE Funding is available in account number 334-6112-519-62.85 after a budget transfer of $105,000 from 334-6112-522-62.88 (Fire Station No. 4). Total equipment cost is $363,455 without contingency funds. RECOMMENDATION Staff would recommend approval of a contract to Jade Communications, Inc. for $60,845 (County Contract #05193) for the cabling and the equipment move to the new building and a contract to APC Systems for $302,610 (State Term Contract) for the air conditioning rack system, fire suppression systems, and the UPS battery backup systems. The award to APC system is recommended contingent upon the City Attorney's Office and vendor reaching agreement on the terms of the contract. only with power distribution but also with a UPS system that would be capable of sustaining the equipment in the event the emergency generator power comes online. The IT industry has addressed these increased cooling and power demands by bringing to the market equipment rack systems that incorporate the electrical and cooling components directly into the racks. This approach provides multiple benefits such as directing the cooling on the equipment instead of the entire data center; providing a modular solution that allows for maximum scalability and growth; maximizing the number of racks in a data center; and providing a customized and efficient power distribution and UPS system. Such a system is being recommended for the new IT Facility. We also recommend a dry fire suppression system to protect the equipment in the data center. Unlike a regular wet fire suppression system, a dry system utilizes no water to prevent or extinguish fires, which means that equipment is not ruined and can continue to operate during the event. Not only is the equipment in the Computer Room extremely valuable on its own, the equipment downtime as a result of a wet fire suppression system (even if no fire damage occurs) could potentially be more problematic for the City than the replacing the equipment itself. The system recommended is a "clean agent system" because it does not leave any residue after discharge. Remaining Building Space The remaining portion of the new building is typical office space with meeting areas and support space. These spaces have "normal" technology needs of new construction such as: • Cabling within the facility for voice and data networks • Cable pathways (i.e. cable tray) for routing of the cable • Cable to interconnect the new IT Facility to City Hall • Access control devices into the Computer Room • Video Surveillance cameras for security We are recommending one contractor for installation of the technology materials and equipment in this portion of the building. Estimated Costs and Procurement We are recommending two contractors for the technology infrastructure, one for the Computer Room and one for the remaining portion of the building. The cost for the Data Center is from the manufacturer, APC Systems, under a State of Florida Term Contract. This contract would include UPSs, racks, enclosures, power distribution, cooling components, management system, electrical and mechanical installation, fire suppression system, and a detection control and releasing system. The cost for the remaining building space is from Jade Communications, under County Contract #05193. Please note that Jade Communications has completed other similar work for the City. (see attachments from both contractors) ITEM COST Data Center $302,610 Remaining Portion of the Building $60,845 TOTAL $363,455 STANDARD FORM OF AGREEMENT BETWEEN CITY AND VENDOR THIS AGREEMENT made this day of 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called VENDOR). WITN ESSETH: The CITY and the VENDOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned VENDOR hereby represents that he has carefully examined all documents attached hereto, and will perform all requirements, pursuant to all covenants and conditions, as provided by this Agreement and any attachments. 2. The VENDOR, as evidenced by the execution of this Agreement, acknowledges that it has examined all specifications and requirements of this bid. The VENDOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of all requirements provided by this Agreement. 3. The Agreement between the CITY and the VENDOR include the following documents which are attached hereto and incorporated herein by reference of the following: AGREEMENT DOCUMENT (S) Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Specifications State Contract PAGE NUMBERS 6 Addenda numbers to inclusive, and any modifications delivered after execution of this Agreement. 4. The term of this Agreement shall commence on the date written above. VENDOR agrees to initiate the work within 30 days of receiving a notice to proceed from the CITY and shall complete such work, as described in this Agreement, within 30 days of such initiation. 5. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to VENDOR: 7. The VENDOR shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement and, specifically, the VENDOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the VENDOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, conditions and obligations contained in the Agreement. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the VENDOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the VENDOR and any persons employed or utilized by the VENDOR in the performance of this Agreement. VENDOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. VENDOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the VENDOR, its agents, servants or employees. VENDOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the VENDOR to defend at its own expense or to provide for such defense, at the CITY'S option, for any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Agreement performed by the VENDOR, its agents or employees. This indemnification g includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the VENDOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the VENDOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the VENDOR and the CITY. 11. This Agreement and the documents attached hereto and listed above constitute the entire agreement between the CITY and the VENDOR and may only be altered, amended or repealed by a duly executed written instrument. 12. Both parties agree that the terms and conditions of the Palm Beach County contract # 05193 shall govern to the extent that they are not in conflict with the terms and conditions of this Agreement. In the event of a conflict between this Agreement and the County contract, the terms and conditions of this Agreement shall prevail. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Mayor WITNESSES: VENDOR: 9 By: (please type or print name) (please type or print name) (please type or print name) CORPORATE ACKNOWLEDGMENT 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 (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her identification. (type of identification) as Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped io CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on , 20_, the following resolution was duly passed and adopted: "RESOLVED", that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20 ,between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20_ (Secretary) (Seal) ii Date: 28 AUGUST 2007 PROPOSAL NO: 082807M0 SUBMITTED TO: Jim Sino oli Company Name & Address: Job Location: City of Delray Beach Delray Beach 100 NW 1St Avenue New IT Facility Delra Beach, FL Cell Number: 512 293-2843 Office Number: 512 215-4701 We hereby submit specifications and estimates for: supply and install 142 CAT 6 plenum cables in 45 outlets per print. We will also provide and install 15" cable tray per print in new IT computer room with all appropriate hardware per manufacturer. One 25-pair PE-89 telephone cable will be installed in conduit provided and installed by others. One 12-strand MM I/O tight buffer fiber optic cable will be installed between phone room in existing bldg and new IT closet, and one 12-strand SM I/O tight buffer fiber optic cable will be installed between existing bldg IT room and new IT closet. Two Handkey II geometric readers will be installed with appropriate Ethernet cards. Two dome cameras will be installed with Dedicated Micros 4 channel DVR with 160 gb hard-drive for recording and network/internet access as approved. All fiber optics and cables installed will be tested upon completion of terminations. Test results and as-builts will be provided upon completion of job. We hereby propose to furnish labor and materials-complete in accordance with the above specifications, for the sum of: $60,844.69 SIXTY THOUSAND EIGHT HUNDRED FORTY-FOUR DOLLARS & 69/100'S Balance due upon receipt of invoice. All material is guaranteed to be as specified. All work above to be completed in a skillful manner according to standard practices. Any alteration or deviation from above specifications involving extra cost, will be executed only upon written orders, and will become a "T & M" extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. No permit fee's or bonding is included in this quotation. This proposal is subject to acceptance within thirty days and is void hereafter at the option of the undersigned. Florida License ES0000112 AUTHORIZED SIGNATURE Date ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. ACCEPTED: Signature Date VENDOR # 3108 COUNTY CONTRACT # 05193 6610 E. ROGERS CIRCLE ° BOCA BATON, FLORIDA 33487 ° (561) 997-8552 ° FAX (561) 997-5935 STANDARD FORM OF AGREEMENT BETWEEN CITY AND VENDOR THIS AGREEMENT made this day of 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called VENDOR). WITN ESSETH: The CITY and the VENDOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned VENDOR hereby represents that he has carefully examined all documents attached hereto, and will perform all requirements, pursuant to all covenants and conditions, as provided by this Agreement and any attachments. 2. The VENDOR, as evidenced by the execution of this Agreement, acknowledges that it has examined all specifications and requirements of this bid. The VENDOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of all requirements provided by this Agreement. 3. The Agreement between the CITY and the VENDOR include the following documents which are attached hereto and incorporated herein by reference of the following: AGREEMENT DOCUMENT (S) Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Specifications State Contract PAGE NUMBERS 6 Addenda numbers to inclusive, and any modifications delivered after execution of this Agreement. 4. The term of this Agreement shall commence on the date written above. VENDOR agrees to initiate the work within 30 days of receiving a notice to proceed from the CITY and shall complete such work, as described in this Agreement, within 60 days of such initiation. 5. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to VENDOR: 7. The VENDOR shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement and, specifically, the VENDOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the VENDOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, conditions and obligations contained in the Agreement. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the VENDOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the VENDOR and any persons employed or utilized by the VENDOR in the performance of this Agreement. VENDOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. VENDOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the VENDOR, its agents, servants or employees. VENDOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the VENDOR to defend at its own expense or to provide for such defense, at the CITY'S option, for any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Agreement performed by the VENDOR, its agents or employees. This indemnification g includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the VENDOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the VENDOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the VENDOR and the CITY. 11. This Agreement and the documents attached hereto and listed above constitute the entire agreement between the CITY and the VENDOR and may only be altered, amended or repealed by a duly executed written instrument. 12. Both parties agree that the terms and conditions of the Florida State contract # 250-000-03-1 shall govern to the extent that they are not in conflict with the terms and conditions of this Agreement. In the event of a conflict between this Agreement and the State contract, the terms and conditions of this Agreement shall prevail. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Mayor WITNESSES: VENDOR: 9 By: (please type or print name) (please type or print name) (please type or print name) CORPORATE ACKNOWLEDGMENT 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 (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her identification. (type of identification) as Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped io CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on , 20_, the following resolution was duly passed and adopted: "RESOLVED", that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20 ,between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20_ (Secretary) (Seal) ii APC Design Portal _. q~s Y Detailed Quote Report Solution Name: City of Delray Beach 208V 5/24/07 To receive an actual U.S. or Canadian standard ISX freight quote based off of this design, email . Please provide the ISX number (with revision) and the ship-to location. We will respond with a freight quote on the same business day (prior to 3pm EST) that will be honored when your PO is received. Please specify any custom delivery requirements at time of request; union or additional labor, flat bed, crane, rigging, and non-standard business hour deliveries. Allow 2 business days for custom freight quotes. InTouch Opportunity (ID): 1 Today's Date: 08 Feb 2008 Current Status: Approved Date Current Status Set: 08 Feb 2008 Last Save Date: 08 Feb 2008 Bill to address: City of Delray Beach Ship to address: City of Delray Beach Delray Beach, FL 33444-2612 Delray Beach, FL 33444-2612 US US Phone:. Phone: . Area Area 1 messages: ~ NOTICE: To include Start Up and Installation Services for NetBotz products, please send a Special Request to the Configuration Team when submitting the solution for Review Area 2 Installation of ISX 40 kVA UPS, 208 volt input 1 Feeder from commercial panel to UPS input (50') 1 Furnish and install feeder breaker 1 Install APC provided EPO -wired to APC UPS and (2) APC Inrow RP's See Notes Below Custom Area Terms and Conditions: - Estimated Lead Time for custom area is 6 weeks ARO. - Custom Area Fricing valid until March 31, 2008. - 100% Restocking on all Custom Items. Area 3 ~ Installation of (2) InRow RP DX 7.5 ton unit 2 208 volt circuit for RP series ton indoor unit (50') 2 208 volt circuit for RP series 1 EC condenser (100') 2 Refrigeration piping, includes leak test (100') 2 Evacuate piping system 2 Uncrate RP series unit and set in place 2 Condensate drain piping (50') 2 Install domestic water supply for humidifier (50') Condensing unit it to be mounted on customer-installed pad INSTALLATION ASSUMPTIONS * Installation of equipment to occur during normal business hours. * Equipment installed on ground floor or elevator rated for weight capacity of equipment, and standard dock access. * If union labor or Davis Bacon wage scale is required extra labor charges will apply. * Adequate space is available to complete the work required. * All work to be installed as per NEC, State, and local codes and manufacturers specifications. * Adequate ampacity and circuit breaker space available in existing panel to supply input feeder Page 1 of 7 APC Design Portal Y * Modifications to correct existing code/building violations or upgrade of electrical systems to comply with State or City codes expressly excluded. NOT INCLUDED UNLESS SPECIFIED * Cable Tray * Improvement to building grounding system * Concrete/asphalt cutting or patching * Structural X-ray * Architecture or Engineer design or consulting fees * Floor loading calculations or reinforcement * Engineered stamped drawings * Bonds * Cutting, patching, painting * Handling or disposal of any hazardous materials * Fire Suppression Systems work * Demolition and/or construction of walls, doors, ceilings, windows, etc. See Notes Below Custom Area Terms and Conditions: - Estimated Lead Time for custom area is 6 weeks ARO. - Custom Area Fricing valid until March 31, 2008. - 100% Restocking on all Custom Items. Area 5 ~ See Notes Below Custom Area Terms and Conditions: - Estimated Lead Time for custom area is 6 weeks ARO. - Custom Area Fricing valid until March 31, 2008. - 100% Restocking on all Custom Items. Shipping Method: Standard Shipping Freight Carrier: United Van Lines Total System Weight: 10699 1b Freight Estimate: $4,037.70 USD Qty Item Description Item price Price Area name: Area 1 InfraStruXure Designer Equipment 1 SY40K40F Symmetry PX 40kW Scalable to 40kW N+1, 208V 40,800.00 40,800.00 1 SYPM10KF Symmetry PX 10kW Power Module, 208V 4,850.00 4,850.00 1 PSX-PDU120V 120 V TYPE PDU 1 ELECTRICAL SYSTEM 120V ELECTRICAL SYSTEM 120V -- -- 1 OG-PD40F6FK1-M TYPE B PDU INCL. 208V ISOLATION TRANSFORMER - - - - & MBP 1 DISTRIBUTION BREAKERS 120V TYPE & AMP OF DISTRIBUTION CKT BRKS - - - - 9 OM-4264 3-POLE, 20A BOLT-ON SQUARE DBREAKER - - - - 5% OM-0218 S/A BLANK PNL 1 P CKTBRK NAM PSX-PDU - - - - 1 DISTRIBUTION CORDSETS 120V OVERHEAD DISTRIBUTION CORDSETS -- -- 1 OM-5350-009 TC 5WIRE W/L21-20 9FOOT -- -- 1 OM-5350-011 TC 5WIRE W/L21-20 11 FOOT - - - - 1 OM-5350-013 TC 5WIRE W/L21-20 13FOOT -- -- 1 OM-5350-015 TC 5WIRE W/L21-20 15FOOT -- -- 1 OM-5350-019 TC 5WIRE W/L21-20 19FOOT -- -- 1 OM-5350-021 TC 5WIRE W/L21-20 21 FOOT - - - - 1_ OM-5350-025 __________ ____ TC5WIREW/L21-2025FOOT____ _ __ Page 2 of 7 APC Design Portal Y 1 OM-5350-027 TC 5WIRE W/L21-20 27FOOT - - - - 1 OM-5350-029 TC 5WIRE W/L21-20 29FOOT - - - - 1 INSTRUMENTATION 120V INSTRUMENTATION OPTIONS - - - - 1 AR8108BLK 1 U Airflow Management Blanking Panel Kit (Qty 2) Black - - - - 1 OPTIONS & ACCESSORIES 120V OPTIONS AND ACCESSORIES - - - - 1 OG-PSX-B-UM-EN USER MANL ASSY PSX B - - - - 1 RACK COLOR RACK COLOR - - - - 1 OM-1292 KIT PSX-PDU BLACK EXTERIOR - - - - [PSX-PDU120V] Total: 19,846.23 2 ACRP100 InRow RP DX Air Cooled 200-240V 50/60Hz 24,000.00 48,000.00 2 ACCD%5201 Condenser 1 EC Fan 8.8 MBH/1 F TD 200-240V/3/6 %,250.00 14,500.00 2 ACAC%5004 FM FLOODED RECEIVER 39LBS 6 5/8" DIA 38" L 1,%50.00 3,500.00 4 NBPD0121 APC NetBotz Camera Pod 120 with brkt and USB cable - 489.00 1,956.00 16ft/5 m 4 NBAC0211 P APC NetBotz USB Cable, Plenum-rated - 16ft/5m 49.99 199.96 16 NBAC0209P APC NetBotz USB Extender Repeater Cable, Plenum - 89.99 1,439.84 16ft/5 m 6 AR3100 NetShelter SX 42U 600mm Wide x 1070mm Deep Enclosure 1,250.00 %,500.00 3 AR3150 NetShelter SX 42U 750mm Wide x 1070mm Deep Enclosure 1,525.00 4,575.00 9 AP7862 Rack PDU, Metered, Zero U, 5.7kW, 120V, (42)5-20 479.00 4,311.00 9 NBPD0122 APC NetBotz Sensor Pod 120 with brkt end USB cable - 269.99 2,429.91 16ft/5 m 27 NBTS0100 APC NetBotz External Temperature Sensor 89.99 2,429.73 1 NBWL0500N APC NetBotz 500 Wall Appliance 2,400.00 2,400.00 4 19500SG-1G APC USB 2.0 4 PORT HUB WITH 6 FT USB A/B DEVICE 59.99 239.96 CABLE WITH POWER ADAPTER 2 NBRK0420E APC NetBotz 420 Rack Appliance 1,4%5.00 2,950.00 2 EPW9 Emergency Power Off (EPO) 709.00 1,418.00 2 AR8164ABLK Cable Ladder 6" (15cm) Wide w/Ladder Attachment Kit 189.99 379.98 (AR8166ABLK) 2 AR8165ABLK Cable Ladder 12" (30cm) Wide w/Ladder Attachment Kit 209.99 419.98 (AR8166ABLK) 2 AR8176BLK Cable Ladder Attachment Kit, 750mm Wide, Power Cable %9.99 159.98 Troughs 2 AR8177BLK Cable Ladder Attachment Kit, 750mm Wide, Data Cable 79.99 159.98 Partitions 1 AR8160ABLK Power Cable Trough, InfraStruXure PDU, 600mm Wide %9.99 %9.99 AR8161ABLK Power Cable Trough, NetShelter, 600mm Wide %9.99 559.93 3 AR8171 BLK Power Cable Trough, NetShelter, 750mm Wide 109.99 329.97 2 ACAC10002 InRow Bridge Trough, Power Cable Shield 600 MM 1%9.99 359.98 AR8162ABLK Data Cable Partition, NetShelter, 600mm Wide 44.99 314.93 9 AR8163ABLK Data Cable Partition, NetShelter, 600mm Wide, pass-through 44.99 404.91 2 AR8172BLK Data Cable Partition, NetShelter, 750mm Wide %9.99 159.98 4 AR8173BLK Data Cable Partition, NetShelter, 750mm Wide, pass-through 79.99 319.96 Page 3 of 7 APC Design Portal Y 2 ACAC10010 InRow Bridge Partition, Data Cable 600 MM 249.99 499.98 1 Baying Kit for 42U SX to VX or VS - 24 inch centers 69.99 69.99 1 AP9490 InfraStruXure Central Standard and InfraStruXure Manager 8,000.00 8,000.00 Bundle 1 3827GY-5 APC CATEGORY 5 UTP 568B PATCH CABLE, GREY, 8.75 8.75 RJ45M/RJ45M 4 3827GY-10 APC CATEGORY 5 UTP 568B PATCH CABLE, GREY, 10.75 43.00 RJ45M/RJ45M 5 3827GY-15 APC CATEGORY 5 UTP 568B PATCH CABLE, GREY, 13.25 66.25 RJ45M/RJ45M 3 3827GY-20 APC CATEGORY 5 UTP 568B PATCH CABLE, GREY, 9.75 29.25 RJ45M/RJ45M 2 3827GY-25 APC CATEGORY 5 UTP 568B PATCH CABLE, GREY, 10.99 21.98 RJ45M/RJ45M 2 3827GY-30 APC CATEGORY 5 UTP 568B PATCH CABLE, GREY, 21.99 43.98 RJ45M/RJ45M 4 47136WH APC CAT 5 INLINE COUPLER, RJ45 FEMALE TO 11.75 47.00 FEMALE, STRAIGHT THROUGH, WHITE 1 AP9224110 APC 24 Port 10/100 Ethernet Switch 299.99 299.99 1 AR8429 Horizontal Cable Organizer 1 U w/brush strip 34.99 34.99 Equipment Total: 1 %6,160.36 Service 2 WSTRTUP%X24-AX-41 Start-Up Service %X24 1,525.00 3,050.00 1 WSTRTUP7X24-CM-10 Start-Up Service for (1) InfraStruXure Central 1,525.00 1,525.00 1 WASSEMUPS-PX-21 Scheduled Assembly Service for Symmetry PX 20/40KW 1,175.00 1,1%5.00 UPS and/or PDU 3 WASSEM1-3R-PX-10 InfraStruXure®AssemblyServices 409.00 1,227.00 2 WASSEM-AX-41 Scheduled Air Assembly Service for InRow RP DX units 989.00 1,978.00 1 WUPG4HR-PX-00 1 Year 4HR On-Site Service Response Upgrade to Existing 1,250.00 1,250.00 On-Site Service Warranty 2 WUPG4HR-AX-00 1 Year 4HR On-Site Service Response Upgrade to Existing 699.00 1,398.00 On-Site Service Warranty 1 WSITECOORD Site Coordination Service 3,650.00 3,650.00 2 NBSP3141 APC NetBotz Three-Year Extended Warranty - 3xx/4xx 479.00 958.00 models -Single-Appliance Pack 1 NBSP3241 APC NetBotz Three-Year Extended Warranty - 500 models - 669.00 669.00 Single-Appliance Pack 1 WMS1YRSTD 1 Year InfraStruXure Central Standard Software Support 299.99 299.99 Contract 1 WITG Software Integration Service 3,450.00 3,450.00 1 WNCT075201 Orientation & Training 1 WNCT075213 Organized Manual Set - - - - 1 WNCT075214 Organized Manual Set Customized Content - - - - 1 WNCT075211 Orientation & Training Base Service - - - - 1 WNCT075212 Base Training Item - - - - 1 WNCT075220 Orientation & Training -Power - - - - 1 WNCT075221 Orientation & Training -Solutions Management - - - - 1 WNCT075222 Orientation & Training -Cooling - - - - [WNCT075201]Total: 6,410.00 Service Total: 27.039.99 Page 4 of 7 APC Design Portal _. q~s Y Area (Area 1) Total: 203,200.35 Area name: Area 4 Additional Parts and Accessories Equipment 1 AR%203 Roof Match Kit for SX to VX, 600mm 219.99 219.99 1 AR%202 Roof Match Kit for SX to VX, %50mm 259.99 259.99 Equipment Total: 4%9.98 Area (Area 4) Total: 4%9.98 Area name: Area 2 Custom Solution Equipment 1 QWINSTALL-MISC QKD38%%4-00 Installation of ISX 40 kVA UPS, 208 volt input 12,410.55 12,410.55 Equipment Total: 12,410.55 Area (Area 2) Total: 12,410.55 Area name: Area 3 Custom Solution Equipment 1 QWINSTALL-MISC QKD2046-00 Installation of (2) InRow RP DX %.5 ton unit 31,006.80 31,006.80 Equipment Total: 31,006.80 Area (Area 3) Total: 31,006.80 Area name: Area 5 Custom Solution Equipment 1 QWINSTALL-MISC+QKD86442-00 Fire Suppression System installation ISX455409-012 City of Delray Beach 208V 5/24/07 Equipment Total: Area (Area 5) Total Total ERP Solution Price: 55,513.25 55,513.25 55,513.25 55,513.25 302,610.93 For information on financing options available with the acquisition of solutions, contact your APC representative or email . All financing options are subject to eligibility. Report Created By: Jose Sarraga NOTES: • Please make sure your solution has been approved before a PO is sent in. If the solution has not been submitted for review and approved, or the solution revision number on your PO is not the same as the revision number APC has approved, then APC will NOT be able to process your PO. • Quote pricing locked on 08 February 2008 . • Quote will expire on 08 May 2008 • Prices are in USD . • ERP Price List used: NAM ESTIMATED RESALE PRICE USD. • Freight Estimate is NOT included in Total ERP Solution price. • * =Unreleased part number or the part number is being phased out. See the Part Number Status report for details about all SKUs in this solution. • See the Lead Time report for Solution and individual part details. Terms and Conditions: Page 5 of 7 APC Design Portal _. q~s Y Nothing contained in this Quote will be deemed to grant either directly or by implication, estoppel, or otherwise, any intellectual property rights, patents, copyrights, trademarks or any ownership rights whatsoever in the Program, Solution ID or configuration herein. All such rights in the Program, Solution number and configuration remain with APC. Any quotes, including but not limited to any quote for price, availability, or shipping dates, are estimates only and do not include any applicable taxes, duties or other similar fees. You acknowledge and agree that your use of the Program in no way binds APC to any given price, product or service availability or any other terms of sale not expressly accepted and approved by APC. All prices are valid for 90 days from the date of approval of the quote, provided that the price may be revised if the reason for a change in price is due to a change or inaccuracies in the data provided to APC for the configuration (a misconfiguration.)RPC reserves the right to reject any or all parts of the quote after 90 days from the date of approval. The terms and conditions below represent the terms and conditions under which American Power Conversion, or any of its affiliates that you may be doing business with (hereinafter either collectively or individually referred to as "APC"), shall sell any and all APC products ("Products"), non-APC, third party equipment ("Equipment"), and services (including installation) included on this quote. Unless a master purchase agreement or similar contract has been executed by you with APC, in which case such contract or agreement shall govern any sale of any products or services by APC, but only to the extent the terms of that agreement do not conflict with the terms below, APC's sale of any and all products and services and any and all bona fide purchase orders submitted to APC or a trading partner of APC are expressly conditioned upon and subject to the following terms and conditions. Any and all conflicting terms, including those on any existing agreement between the parties or on any purchase order, shall be considered null and void and APC expressly rejects and disclaims any and all such supplied terms, conditions representations, warranties, guarantees or such other obligations. Unless a Site Delivery Form is provided by you and accepted by APC, All shipments from APC will be made EXW (Ex Works) as per Incoterms 2000, from APC's shipping docks to such destinations as you may state in a Purchase Order. All payments to APC for anything whatsoever are due net 30 days. APC shall not be liable for any, differing, subsurface, latent or concealed conditions encountered in the performance of any services or provision of any products. The existence of such differing, latent or concealed conditions shall constitute a "Change." "Change" means any alteration to a Purchaser Order or any extra work, or any delay, or other circumstance which adversely impacts the cost, delivery schedule or results in an adjustment to any of the cost, delivery schedule, and/or any other affected provision of a Purchase Order. Should any Change cause an increase or decrease in the cost of or time required for performance or otherwise affect any provision of a Purchase Order, a product solution, product, services, or project, an equitable adjustment will be made to any of the cost, on a Purchase Order as affected. Some Purchase Orders for APC products services and product solutions are not cancelable. Please check with your APC representative prior to placing any Purchase Order. APC warrants that APC hardware products will be free from defects in workmanship and materials under normal use for the length of time outlined in the hardware Product manual for the relevant hardware Product. The length of a warranty on a given product may differ depending on the country that you are located in. Conditions to any warranties are contained in the applicable product manual. APC HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, NONINFRINGEMENTRND FITNESS FOR A PARTICULAR PURPOSE. THE APPLICABLE WARRANTIES FOR ANY PRODUCTS ARE STATED ON THE LIMITED WARRANTY CARD OR PRODUCT MANUAL ACCOMPANYING EACH PRODUCT. APC NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS. IN NO EVENT, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY SHALL APC, ITS OFFICERS, DIRECTORS, AFFILIATES OR EMPLOYEES BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, USE, PERFORMANCE, FAILURE OR INTERRUPTION OF THE PRODUCTS PURCHASED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF APC FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID TO APC UNDER A PURCHASE ORDER. SOME COUNTRIES, TERRITORIES, LOCALITIES OR STATES, AS APPLICABLE, DO NOT ALLOW LIMITATIONS ON HOW LONG A WARRANTY LASTS, IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IT IS APC'S INTENT TO MAKE SUCH LIMITATIONS AND EXCLUSIONS IN THESE TERMS AND CONDITIONS TO THE FULLEST EXTEND ALLOWED UNDER ANY APPLICABLE LAW. THE RIGHTS AND OBLIGATIONS OF THE PARTIES SHALL NOT BE GOVERNED BY THE PROVISIONS OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. Page 6 of 7 APC Design Portal _. q~s Y Any and all disputes, claims, controversy or causes of action arising from or related to these terms and conditions ('Dispute") which the parties are unable to resolve for any reason, shall be completely and finally settled by submission of any such Dispute to arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") if in North America, or the Rules of the International Chamber of Commerce ("ICC") outside of North America, then in effect. All arbitration proceedings hereunder shall be conducted in English. The laws of the Commonwealth of Massachusetts, USA [or State of New York, USA] shall govern the validity, interpretation, construction, performance, and enforcement of this Purchase Order, provided that any provision of such law invalidating any provision of the terms of this Appendix A or modifying the intent of the Parties as expressed in the terms of this Agreement shall not apply. Page 7 of 7 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: February 12, 2008 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 AMENDMENT NO. 1 TO THE AGREEMENT/WIFI SERVICES/DELRAY BEACH WIFI, LLC ITEM BEFORE COMMISSION Delray Beach WiFi, LLC has requested an amendment to the Wireless Broadband Agreement, dated May 11, 2007, between the parties and the assignment of that agreement to e-Path Communications of Delray Beach, Inc. If the Commission fails to approve this amendment, I would request the Commission direct staff to start the process of termination of the agreement. BACKGROUND The agreement between the City and Delray Beach WIFI, LLC (DBWF) was executed on May 14, 2007. The agreement provided for free internet service, through wifi, to the Atlantic Avenue corridor, and internet service to the rest of the City over a phased in plan. Once the internet service was available to the entire City, DBWF would donate approximately 100 computers to families, as determined by the City, and provide 200 households with free internet service, also as determined by the City in order to bridge the digital divide. The agreement also provides that DBWF shall furnish ongoing training to the people receiving free computers. The ongoing training shall consist of an introductory class conducted in the City within 10 days of installation of the computer, followed by at least 1 class per year and 24/7 phone support. Also additional training shall be provided upon reasonable request of the City. The agreement does not provide for any payment by the City to DBWF, only the use of City owned assets that may be utilized for the network. Under the terms of the agreement if the free service network area (Atlantic Ave.) was not operational within 180 days the City has the option to terminate the agreement (that date was November 14, 2007). DBWF failed to meet this deadline. DBWF has requested an extension of time, due to prolonged negotiations with FPL regarding the use of FPL poles by DBWF. DBWF has proposed that they can complete the free service zone, and have it operational, by April 18, 2008. They would also like a period 90 days (agreement currently provides for 60 days) to complete the rest of the City on the east side of I-95 and then 90 days (agreement currently provides for 60 days) thereafter to complete the west side of I-95. These revised time frames would not apply to the shaded area as shown on Exhibit "A", attached to the agreement, as DBWF is not allowed to place its equipment on FPL poles in this area until FPL completes its pole replacement program. DBWF has been informed that it would be sometime in 2009 before FPL finishes its work. An amendment to this Agreement was brought before you at your February 5, 2008 City Commission meeting that provided not only for the extension of time, but, also modified the terms regarding the free computers where they would be delivered to the City within 10 days of the City providing a list of the eligible residents as well as an upgrade for the computers. The previous amendment also included additional language regarding the upgrading of the wireless network. The amendment now before you only has the request for an extension of time with no other changes or modifications at the request of e-Path Communications as shown in the attached email It has also been requested that this agreement be assigned to another entity. e-Path Communications has asserted that the senior personnel are the same, (see attached email) only the name of the company is changing. RECOMMENDATION Commission discretion. I ~' . r~ ~ 1 _ ~ ~ --,~„ -- ~- . . ~- .~ - ,_ ^ ^ e ~ ~ _ ;~ - ~»,- I1 ..~ .~ ~~ ~~ - _ ~ r. r r ii i ~i i i 1 ~. ..~. ~' + ;, ~~ e~ ii -. MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: February 13, 2008 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 AGREEMENT/ATC INTERNATIONAL, INC./ RETRACTABLE TOWER INSTALLATION ITEM BEFORE COMMISSION The attached agreement is between the City and ATC International, Inc. regarding the construction and installation of 11 retractable towers at various points throughout the City. BACKGROUND The City had originally entered into an agreement with JBE Technology for the construction of 11 retractable towers to be used as a wireless backup system in case the City's fiber network was unavailable (the system will also be available for field staff to connect to the City computer network when they are in range of the wireless access points). The City originally had radios placed on buildings as part of the backup system, however, hurricanes knocked the radios off of the buildings. The City then worked with FEMA to "hurricane harden" the backup system with FEMA providing approximately 80% of the funding. The amount of the contract is $169,711.82. JBE Technology was subsequently acquired by ATC International, Inc. (ATCI) prior to the completion of the work. A portion of the work has been completed and payment has been made for that work. This Agreement describes the remaining work to be completed and the amount still owed by the City. ATCI has agreed to complete the work by Apri125, 2008. FUNDING SOURCE 551-1575-591-45.50 RECOMMENDATION Approve the attached agreement. AGREEMENT THIS AGREEMENT is made and entered into this day of , 200 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (City), and ATC INTERNATIONAL, INC. (ATCI). WITNES SETH: WHEREAS, the City has a contract with 7BE Technology Inc. that provides for the installation of a wireless solution to replace the existing hurricane damaged wireless network; and WHEREAS, the City acknowledges that material and equipment has been installed, however, none has been formally accepted by the City; and WHEREAS, 7BE Technology, Inc. has been bought by ATCI and ATCI agrees to fulfill the terms and conditions of the contract as set forth below and at the same cost as the original agreement. NOW THEREFORE, this Agreement is made and accepted upon the following terms, covenants and conditions: 1. Recitals. The recitals set forth above are incorporated as if fully set forth herein. 2. Term. The term shall commence upon the date provided above and shall extend until April 25, 2008. All warranties and agreements to indemnify shall survive the termination of this Agreement. 3. Statement of Work. ATCI will present engineering services for the installation of a wireless solution to replace the existing hurricane damaged wireless network ATCI has provided radios in a two channel version, but not formally accepted by the City. To distribute signal and achieve better coverage ATCI has installed eleven SOft Retractable Towers (towers are installed but not accepted as of this date by the City) rated at 140 Mph (in the nested or retracted position) at each of 11 sites, as determined by the City. ATCI will provide a turnkey solution based on the equipment and task listed below. Wireless Distribution will be achieved via 5.8 GHz (802.11 a) backhauled to two central locations with fiber connectivity back to City Hall. Access to city staff will be achieved via 2.4GHz (802.1 lb/g) with a backend radius server providing secure access to the users. This network will be encrypted and the network keys will be distributed based on MAC address. Towers used in this solution will withstand winds of 140 Mph (in the nested or retracted position). Tasks & Part Requirements: 1. ATCI will build tower and anchor point foundation (installed but not accepted as of this date) 2. ATCI will install 11 Retractable 50 ft Towers (installed but not accepted as of this date) 3 . ATCI will install 11 radio sites to include a 5.8GHz Backhaul and WiFi (802.11 b/g) for user access (Dual Channel Radios) 4. ATCI will install software to allow Proxim Layer II protocol to automatically convert from Fiber Connections to Wireless 5. ATCI will install a radius and certificate server to provide secure network access 6. ATCI will document the installation and provide a deliverables, such as O&M manuals and as builts at time of completion 7. ATCI will perform all requirements in order to obtain a permit as required by the City Material No. Description Qty HKH2414- 120NF 14dbi Antenna Cluster includes: 2 x 180 Degree Sector Antennas 1 x 2 way Signal Splitter w/N-Female Connectors 3 x 2 ft. WBC400 Jumper Cables N-Male to N-Male 1 x Antenna Array 12 Proxim Dual Channel Radio 802.1 la & 802.1 lb/ 14 ROXDCR Retractable Tower 50 FT 140 Mph (in the nested position) 11 TOWFOIJND Tower Foundation 11 WLOSU-GX- 1 Watt Am lifter w/ ower su 1 and DC in~ector 14 HG5824D 5.8GHz 24 dBi ISWUNII Band Solid Parabolic Dish Wireless 14 Software to allow automatic switching from Fiber-Wireless 13 RADSERV Radius Access Server 1 CERTSERV Securit Certificate Server 1 HELIAXI/2 HELIAX Si nal Cable Bulk as re uired 1 Note: There are three radios as spares in this price. These are to be housed in City Hall or new IT facility for use in the event of a failure. The damaged radio will be replaced if under warranty or repaired if possible and cost associated will be billed at actual cost incurred plus labor. Price Includes Installation labor and the first three month's maintenance. ATCI will not be responsible for Landscaping around tower base. Also, the sector antennas shall be installed in such a way as to provide coverage in a full circle, 360 degrees, around each antenna cluster. Warranty: All parts installed by ATCI will be guaranteed as follows: Equipment will be guaranteed for a period of 3 months. In the event of a failure ATCI will replace defective/malfunctioning equipment within 72 hours. Negligence, Vandalism, and acts of God are not covered under this warranty. ATCI shall be responsible for all theft, loss or damage, including acts of God, to the equipment until the system has been turned over and accepted by the City. 4. Requirements for the System. ATCI will provide the City with a turnkey wireless solution (which ATCI asserts and agrees will work in this system) with security that will work correctly to route data traffic between each tower location. This will include that each tower location be able to route data to at least one other tower location and back to City Hall when a fiber remote optic cable is disconnected. In addition, each tower location will have a minimum of 450 feet of wireless connectivity. Once ATCI has completed the work and before written acceptance by the City, testing by the City Staff and ATCI must be conducted and concluded by both parties that it is a working and deliverable system. The tests will include: • Disconnection of the fiber at each tower location. Test results must route data from disconnection location to another tower location back to City Hall. Microsoft and IBM iSeries applications will be used as data connectivity using a current in house wired PC at each remote location. • Two laptops from IT Division will be used within 450 feet of each tower location to test wireless connectivity to the tower and back to City Hall. Microsoft applications and IBM iSeries applications will be used as data connectivity. Laptops will test at different locations around the tower. The City agrees to perform such testing with 24 hours of receiving notice from ATCI and to complete such testing within a 12 hour period. The testing period is included in the term of this Agreement and it must also be completed prior to Apri125, 2008. ATCI agrees to abide by the requirements and requests of the building department, of which one is to provide a letter from an engineer that stipulates to the structural integrity of the towers, antennas and bases. ATCI also agrees and shall construct the system to provide that all radios shall be "isolated" from the tower that they are placed upon. 5. Payment. ATCI acknowledges that the City has already paid ATCI or its predecessor $127,283.86 to date and that the only amount remaining to be paid (the original cost was $169,711.82) is $42,427.96. If ATCI delivers the system, as described above, in accordance with the City's requirements, as stated in this agreement, the City shall pay ATCI $42,427.96 within 10 days of the acceptance of the system by the City and the submission of an appropriate invoice. However, if ATCI fails to deliver a complete system, as determined by the City, in its sole and absolute discretion, by April 25, 2008, this Agreement may be terminated immediately by the City and the City shall not be required to make payment of any funds to ATCI, no matter how much work or equipment ATCI has delivered to the City. ATCI shall also provide a bill of sale to the City transferring ownership of the equipment to the City. 6. Transfer of Agreement from JBE Technolo~y Inc. By entering into this Agreement ATCI is representing that it is the successor entity to 7BE Technology, Inc. and that it 3 has assumed the agreement between the City and 7BE for the construction of the wireless system and that 7BE has consented to such transfer and that ATCI shall provide written documentation to the City attesting to such approval. 7. Insurance. ATCI shall carry and pay for all insurance including, but not limited to, liability regarding the terms of this Agreement and shall name the City as an additional insured. The insurance shall be in such an amount and form acceptable to the City. 8. Indemnification. ATCI shall indemnify, hold harmless and defend the City, its officers, agents and employees from and against all loss, liability or expense that may be incurred as a result of this Agreement, including, but not limited to, attorney's fees and costs at trial and appellate levels. 9. Termination. If ATCI has not completed all of the work to deliver a complete working system as set forth in this Agreement by April 25, 2008, the City may immediately terminate this Agreement. Upon termination the City shall not owe any funds to ATCI and all such equipment and/or material delivered to the City for this project shall become the property of the City and ATCI shall make no claim on the equipment or attempt to remove any of the equipment. ATCI shall further hold the City harmless from any claims or actions, by anyone, regarding the ownership or monies owed for the equipment. 10. Assignment. This Agreement may be assigned by ATCI only upon the City's written consent. 11. Adherence to Laws. The parties to this Agreement shall adhere to all laws, ordinances, rules and regulations applicable to this Agreement. 12. Venue. In the event of any claim or dispute arising from this Agreement, the dispute shall be resolved in a court of competent jurisdiction with venue in Palm Beach County, Florida. 13. Waiver. Failure to enforce any provision, condition, or term of this Agreement shall not be deemed a waiver of any provision, condition or term of this lease. 14. Entire Agreement. This Agreement supersedes any previous agreement and amendments, and is substituted therefore in its entirety. No other promise(s) condition(s) or term(s) not set forth in this Agreement are binding on either party. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officials on the day and year first above written. 4 ATTEST: By: City Clerk Approved as to Form By: City Attorney WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor ATC INTERNATIONAL, INC. By: Print Name: Title: The foregoing instrument was acknowledged before me this day of , 200_, by title of officer or agent), of acknowledging), a of the corporation. as (name of officer or agent, (name of corporation (state or place of incorporation) corporation, on behalf He/She is personally known to me or has produced (type of identification) as identification. Notary Public -State of Florida 5 MEMORANDUM TO: Mayor and City Commissioners FROM: Bruce Koeser, Human Resources Director THROUGH: David T. Harden, City Manager DATE: February 13, 2008 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 SEIU COLLECTIVE BARGAINING AGREEMENT ITEM BEFORE COMMISSION The item before the Commission is ratification of the Collective Bargaining Agreement and Memorandum of Understanding with the Service Employees International Union (SEIU). BACKGROUND The attached three-year labor agreement and Memorandum of Understand have been ratified by the SEIU. This agreement duration is from October 1, 2007 through September 30, 2010, and provides major changes in the following areas: Working Out of Classification Allows the employee to be compensated for working in a higher classification once the employee works five (5) consecutive working days in the higher classification (moved from ten (10) days). Wages Individual performance increase in the range of 0% through 3% effective the date of contract ratification; individual performance increase in the range of 0% through 5% effective fiscal year 2008- 09; and a wage re-opener in the third year of contract. Sick and Vacation Pay-Out Accruals Eliminated contribution to the 401H and Vantage Care Retirement Savings Plan at retirement The separate Memorandum of Understanding provides for aone-time salary adjustment of 2% effective the first full payroll period after January 1, 2008; continuation of the voluntary stand-by pay of $0.65 per hour; and a lump sum performance bonus for employees who were at the maximum of the salary range between October 1, 2007 and January 1, 2008. In addition, the City will discontinue the 1% match to the employees 457 plan, effective the date of contract ratification. RECOMMENDATION Staff recommends ratification of the Collective Bargaining Agreement and Memorandum of Understanding with the Service Employees International Union (SEIU). COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND SERVICE EMPLOYEES INTERNATIONAL UNION FLORIDA PUBLIC SERVICES UNION, CTW, CLC October 1, 2007 - September 30, 2010 2007-2010 DELRAY BEACH/SEIU TABLE OF CONTENTS PAGE PREAMBLE 1 ARTICLE 1 RECOGNITION 2 ARTICLE 2 DUES CHECK OFF 4 NOTICE TO EMPLOYER AND UNION AUTHORIZATION FOR DEDUCTION/ DISCONTINUATION OF UNION DUES 5 ARTICLE 3 UNION REPRESENTATION 6 ARTICLE 4 UNION BUSINESS 8 ARTICLE 5 BULLETIN BOARDS 10 ARTICLE 6 DISCRIMINATION 11 ARTICLE 7 SOLICITATION OF OR BY EMPLOYEES 12 ARTICLE 8 CITY'S MANAGEMENT RIGHTS 14 ARTICLE 9 HOURS OF WORK AND OVERTIME 19 ARTICLE 10 WORKING OUT OF CLASSIFICATION 22 ARTICLE 11 WAGES 23 ARTICLE 12 HEALTH INSURANCE 28 ARTICLE 13 PENSION PLAN MATTERS 30 ARTICLE 14 HOLIDAYS 32 ARTICLE 15 VACATION 34 ARTICLE 16 SICK LEAVE 37 ARTICLE 17 LEAVES OF ABSENCE WITH PAY 41 ARTICLE 18 LEAVES OF ABSENCE WITHOUT PAY 43 ARTICLE 19 BEREAVEMENT LEAVE 45 ARTICLE 20 MISCELLANEOUS CONSIDERATIONS 46 2007-201 0 DELRA Y BEACH/SEIU 2 ARTICLE 21 ARTICLE 22 ARTICLE 23 ARTICLE 24 ARTICLE 25 ARTICLE 26 ARTICLE 27 ARTICLE 28 ARTICLE 29 ARTICLE 30 ARTICLE 31 ARTICLE 32 ARTICLE 33 ARTICLE 34 ARTICLE 35 ARTICLE 36 ARTICLE 37 ARTICLE 38 ARTICLE 39 ARTICLE 40 ARTICLE 41 ARTICLE 42 COMPLIANCE WITH NON-DISCRIMINATION POLICIES 48 NEPOTISM 49 SAFETY AND HEALTH 51 PROBATIONARY PERIOD - NEW & PROMOTED EMPLOYEES 52 SENIORITY 54 PROMOTIONAL PROCEDURE 56 PHYSICAL FITNESS 57 OUTSIDE EMPLOYMENT RESIGNATION NO STRIKE DISCIPLINE GRIEVANCE PROCEDURES COMPREHENSIVE DRUG AND ALCOHOL ABUSE POLICY AND PROCEDURES DAMAGE TO CITY PROPERTY ABSENCE WITHOUT LEAVE AMENDMENTS SEVERABILITY AND WAIVER EMERGENCY PAY POLICY SICK AND VACATION PAY-OUT ACCRUALS CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES DURATION, MODIFICATION, AND TERMINATION EXECUTION OF AGREEMENT APPENDIX A CITY OF DELRAY BEACH NCF&0 JOB TITLES 2007-2010 DELRAY BEACH/SEIU 3 59 61 62 65 70 79 97 98 99 100 101 103 104 105 106 108 This Agreement is entered into by the Employer, the City of Delray Beach, Florida, a Florida municipal corporation, hereafter referred to as "City," and the Service Employees International Union/Florida Public Services Union, CTW, CLC, hereinafter referred to as the "Union," for the purpose of promoting harmonious relations between the City and the Bargaining Unit represented by the Union, hereafter referred to as "members" or "employees," to establish an orderly and peaceful procedure for settling differences which might arise and to set forth the basis and full agreement between the parties concerning rates of pay, wages, hours of work, and other conditions of employment. The terms, provisions, and conditions of this Agreement shall have no retroactive effect, but shall only commence upon the effective date of this Agreement unless a specific article or provision of this Agreement provides otherwise. 2007-2010 DELRAY BEACH/SEIU 4 ARTICLE 1 RECOGNITION Section 1 The City of Delray Beach recognizes that the Service Employees International Union/Florida Public Services Union, CTW, CLC, hereinafter referred to as the "Union", as the Certified Bargaining Agent of the employees in the Bargaining Unit for the purpose of representing the members of the Bargaining Unit as set forth herein for all matters relating to wages, hours and terms and conditions of employment, as provided for by order of the City of Delray Beach Public Employee Relations Commission in its Order dated July 15, 1985, directed to the City Manager of the City of Delray Beach and the Union. The Bargaining Unit represented by the Union is comprised of full-time and regular part-time employees in those classifications specified in the July 15, 1985 certification order of the City of Delray Beach Public Employee Relations Commission, as amended. The City will notify the Union in writing of all changes in job classifications in the Bargaining Unit. 2007-2010 DELRAY BEACH/SEIU 5 Specifically Excluded from this Agreement: All other City employees not specifically included in the Bargaining Unit as certified by the City of Delray Beach Public Employee Relations Commission, including confidential employees, managerial employees, professional employees, and supervisory employees who possess a conflict of interest; temporary, casual, seasonal employees, and employees of any other Bargaining Unit. 2007-2010 DELRAY BEACH/SEIU 6 ARTICLE 2 DUES CHECK OFF Employees of the Bargaining Unit or their representatives may make arrangements with the City for a payroll deduction of Union dues and uniform assessments. Upon receiving a proper request from the employee, the City will deduct such dues and uniform assessments from the subject employee's compensation and remit the amount deducted to the Union. The Union agrees to indemnify, defend, and hold the City harmless from and against all claims, costs, demands, expenses, judgments or other liabilities on account of dues or uniform assessments erroneously collected by the City and/or remitted to the Union. The Union further agrees to refund to the City any amounts paid to the Union in error upon presentation of proper evidence thereof. 2007-2010 DELRAY BEACH/SEIU 7 NOTICE TO EMPLOYER AND UNION AUTHORIZATION FOR DEDUCTION/DISCONTINUATION OF UNION DUES I hereby authorize my Employer to deduct from my salary each pay period my Union dues, as certified to the Employer by the Union, and to transmit this amount to the Treasurer of the Union. I understand that this authorization is voluntary and I may revoke it at any time by giving my Employer and the Union thirty (30) days advance notice in writing. Date Job Title Deduction start date Deduction stop date Signature Name Printed Employee No. Dept. Div./Activity/Payroll No. Bargaining Unit Annual amount of dues (broken down by pay period) 2007-2010 DELRAY BEACH/SEIU g Article 3 UNION REPRESENTATION Section 1 The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in all matters governed by the provisions of Chapter 35 of the Code of Ordinances of the City of Delray Beach, Florida. The Union agrees to notify the City of the names of such authorized representatives as of the execution of this Agreement and replacement therefore during the term of this Agreement. Section 2 The Union likewise agrees that during the term of this Agreement, the Union and the employees covered hereunder shall deal only with the City Manager or his/her representative(s) in all matters governed by the provisions of Chapter 35 of the Code of Ordinances of the City of Delray Beach, Florida. The Union shall designate, in writing to the Director of Human Resources, five (5) general representatives and one (1) chief representative, in addition to its attorney whose right it shall be to represent the employees in the Bargaining Unit, for the purpose of collective negotiation and the administration of grievances 2007-2010 DELRAY BEACH/SEIU 9 arising thereunder for the duration of this Agreement. Notice by the City to the chief representative or his/her designee in his/her absence shall be notice to all representatives, c/o the Union business address. An employee shall, upon request, be entitled to have a representative present whenever the employee is questioned concerning misconduct, which may result in disciplinary action. If the employee requests a Union representative, the City agrees to provide at least one (1) working day notice of a scheduled disciplinary hearing (except in cases involving on the job substance abuse issues, a positive drug or alcohol test or any case that the City determines to investigate immediately) in which case the disciplinary meeting shall be held within twenty-four (24) hours. The employees shall retain the option of proceeding individually or being represented by a person of their own choosing, in which case the Union may not interfere with this right in any manner; provided, however, that only the Union may request arbitration of a grievance pursuant to Article 32 of this Agreement. 2007-2010 DELRAY BEACH/SEIU 10 ARTICLE 4 UNION BUSINESS Section 1 The Union, as representative of the employees in the bargaining unit covered by this Agreement, shall have the right to present its views to management on matters of concern either orally or in writing. Section 2 Officials for the Union, as designated in Article 3 Section 3, may, with proper authorization, which will not be unreasonably withheld, be admitted on City property, in areas reasonably designated by the City. Officials for the Union shall be able to talk with employees before or after regular working hours or during lunch of said employees on the City's property in designated areas that are reasonable by the Employer. Section 3 Stewards shall be allowed reasonable time-off without loss of pay during their regular shift hours for investigating grievances and/or contract negotiations; however, each will first obtain oral permission from his/her immediate supervisor or in his/her absence, the next level of supervision. Permission will not be unreasonably withheld by the supervisor. 2007-2010 DELRAY BEACH/SEIU II Union Time Pool: A SEIU Bargaining Unit Time Pool shall be established. All such time pooling shall be purely voluntary on the employee's part and shall be solely for the employee's benefit and not for the City; therefore, no overtime shall be paid as a result of such time pooling. The City agrees that the employees can donate not less than one (1) hour of annual leave, but not more than five (5) hours to the Union Time Pool. Only authorized chief steward or union stewards may withdraw time from the Time Pool to remain in a paid status while on approved leave in order to attend union conferences, training sessions, or other related union business. All requests for the use of the Bargaining Unit Time Pool shall be submitted by the union's chief representative or his/her designate to the Department Head or his authorized designate at least five (5) calendar days in advance of the requested time off. However, this shall not preclude management from granting leave with less than five (5) days notice. 2007-2010 DELRAY BEACH/SEIU I2, ARTICLE 5 BULLETIN BOARDS The City shall provide the Union space on six (6) serviceable, bulletin boards in the City of 2' x 2', at locations to be approved in advance by the City Manager or his/her designee for use by the Union in posting notices of Union business and activities. All materials posted must be signed by chief steward, union steward or an officer of the Union, who shall be held responsible for the content of such materials. A copy of all such materials shall be provided to the Department Head or his/her designee in advance of such posting. The bulletins, notices or materials posted shall contain nothing of a political nature (excluding political material relating to Union elections) and nothing of a derogatory nature toward the City, its elected officials, its officers or employees, as determined by the City. 2007-2010 DELRAY BEACH/SEIU I3 ARTICLE 6 DISCRIMINATION All Bargaining Unit employees shall have the right to form, join and participate in, or to refrain from forming, joining or participating in any employee organization of their own choosing, including the Union. Neither the City nor the Union shall interfere with, restrain or coerce the public employees in the exercise of any rights guaranteed them under Florida Statute 447 and Chapter 35 Subsections 35.030 - 35.055 of the Delray Beach Code of Ordinances or the provisions of this Agreement. 2007-2010 DELRAY BEACH/SEIU I4 ARTICLE 7 SOLICITATION OF OR BY EMPLOYEES Section 1 Unless specifically authorized by the City Manager, all solicitations among City employees during working hours for commercial, charitable or Union purposes and selling of tickets, magazines and other merchandise, is prohibited. Section 2 Employee organizations, their members, agents or representatives, or any persons acting on their behalf are hereby prohibited from and shall not be required to: A. Solicit public employees during working hours of any employee who is involved in the solicitation. B. Distribute literature during working hours in areas where the actual work of public employees is performed, such as offices, warehouses, schools, police stations, fire stations, and any similar public installations. This section shall not be construed to prohibit the distribution of literature during the employee's lunch hour or in such areas not specifically devoted to the performance of the employee's official duties. 2007-2010 DELRAY BEACH/SEIU IS C. Solicit for commercial, charitable, or Union purposes and sell tickets, magazines or other merchandise while in City uniform or attire, or while using City vehicles or equipment. 2007-2010 DELRAY BEACH/SEIU I6 ARTICLE 8 CITY'S MANAGEMENT RIGHTS Section 1 The City of Delray Beach shall have the right, subject only to express restrictions in this Agreement, to exercise its own discretion unilaterally on all of the following matters, whatever may be the effect on employment, when in its sole discretion it may determine it advisable to do any or all of the following: A. To manage and administer the affairs of the City generally. B. To decide the purpose of each of its constituent agencies. C. To set standards of service to be offered to the public. D. To exercise control and discretion over its organization and operation. E. To direct its employees. F. To take disciplinary action and discharge employees for just cause as to both non- probationary and probationary promoted employees, and to take disciplinary action and discharge with or without cause as to new probationary employees. 2007-2010 DELRAY BEACH/SEIU 17 G. To relieve its employees from duty because of lack of work and other legitimate reasons, to remove a promoted probationary employee from the position to which he/she was promoted with or without cause. In the event a promoted probationary employee is removed without cause he/she shall be returned to the position from which he/she was promoted (and this shall not be construed as a limitation upon or a waiver of the City's right to discharge or discipline such a promoted probationary employee for proper cause pursuant to subsection F, above), and to likewise remove other promoted probationary employees which may be necessary because of the return of this employee to his/her former position. To relieve other probationary employees from duty for any reason, with or without cause. H. To determine and redetermine work schedules. I. To maintain order and efficiency in its operations. J. To determine and redetermine starting and quitting times, in which case the City shall provide to the affected employees four (4) weeks notice in advance of any changes in such starting and 2007-2010 DELRAY BEACH/SEIU 18 quitting times, except that no such advance notice shall be required in cases of emergency as determined by the City. K. To determine and redetermine the number of hours to be worked, in which case the City shall provide to the affected employees four (4) weeks notice in advance of any changes in such number of hours to be worked, except that no such advance notice shall be required in cases of emergency as determined by the City, as long as there is no violation of Article 9 Section 2. L. To require employees to submit to a medical examination by a physician designated by the City. M. To promulgate rules and regulations for its employees not in conflict with the provisions of this Agreement. N. To set the standards and procedures for application, testing, selection procedures and appointment to all positions in the City. 0. Under reasonable circumstances, to dismiss or otherwise relieve from duty employees who have contracted or developed some mental or physical ailment or defect which incapacitates him/her for duty in the City service. 2007-2010 DELRAY BEACH/SEIU I9 P. To determine employees' skills, knowledge and abilities to perform their duties through job- related testing and other reasonable evaluation methods. Q. To hire, assign, direct, layoff or recall employees. R. To determine the size and composition of its work force. S. To determine the number and types of equipment, materials, products and supplies to be used. T. To institute and establish new training methods. U. To determine the types of work to be performed by employees. V. To open new facilities and transfer its operations or any part thereof to such new facilities, and to transfer or assign employees to new facilities. W. To discontinue conduct of its mission or operations in whole or in part. In addition to the Management Rights enumerated in Section 1 the City of Delray Beach shall have all other rights and prerogatives which in the past it has lawfully exercised or could have lawfully exercised unilaterally subject only to express 2007-2010 DELRAY BEACH/SEIU 20 restrictions Agreement. on such rights, if any, as are provided in this 2007-2010 DELRAY BEACH/SEIU ZI ARTICLE 9 HOURS OF WORK AND OVERTIME Section 1 The normal working hours per one-week work cycle for regular full-time employees shall be forty (40) hours, which shall exclude meal periods. The hours of work scheduled per day shall be as required and set by the Department Head and approved by the City Manager. It is recognized and understood that deviations from the foregoing normal schedules of work will be necessary and will unavoidably result from several causes, such as but not limited to: rotation of shifts, vacation, leaves of absence, weekend and holiday duty, absenteeism, employee requests, temporary shortage of personnel and emergencies. No such deviation shall be considered a violation of this Contract. However, the City shall not adjust an employee's work shift to avoid the payment of overtime. For all employees the scheduled workday shall be broken down into fifteen (15) minute segments. An employee shall be noted as late for work if he/she does not report ready for work at his/her workstation at his/her starting time. If an employee 2007-2010 DELRAY BEACH/SEIU 2,2, reports for work late, eight (8) minutes or more after the scheduled time, he/she shall be docked in major segments of one- quarter (1/4) of an hour. The City agrees to pay overtime at the rate of time-and-a- half based on a (7) day (forty-hour) work cycle. In the computation of such overtime compensation, employees shall receive credited hours for vacation days and holidays, which may occur within the pay cycle/work cycle. If regular full time employees are required to work on an actual holiday itself, because of the needs of the City, they shall be compensated at the overtime rate, if applicable. Credit towards overtime shall not be accrued until an employee has worked eight (8) or more minutes beyond the forty (40) hours per 7-day work cycle. Once that eight (8) or more minutes has been worked, he/she shall accrue overtime credit for that fifteen (15) minute segment and subsequently for any additional fifteen (15) minute segments, computed in a like manner. Employees may request compensatory time in lieu of overtime pay. An employee shall accrue compensatory time at a rate of one and one-half times his regularly hourly rate of pay. Employees may 2007-2010 DELRAY BEACH/SEIU 23 only accrue unused compensatory time up to a maximum of 40 hours. If an employee accrues the maximum permissible compensatory time, the employee shall be paid for all overtime hours in excess of the maximum at the rate of one and one-half times the employee's current straight time rate of pay. Compensatory time shall be taken upon written request approved by the employee's Department Head. Payment for accrued compensatory time upon termination of employment shall be calculated at the straight time rate of pay on the date of payment, and paid at time and one-half. M. _.L. .- 7 If an employee on "standby" status (thus receiving "call- out" pay) is called-out to work outside his/her normal working hours, he/she shall receive a minimum of two (2) hours' credit, payable at his/her overtime rate, if applicable. However, if an employee on "standby" is already working in overtime status, the employee will receive only overtime pay or hours actually worked, in-lieu of the minimum two (2) hours credit, but not both. Section 8 The City agrees to make records of overtime available to appropriate Union officials. 2007-2010 DELRAY BEACH/SEIU 2,4 c~~~:~~ n The City will continue to use the existing program for the assignment of overtime based upon a seniority rotation system by position classification and specialty. Section 10 The current practice of work breaks shall be continued for the duration of the agreement. 2007-2010 DELRAY BEACH/SEIU 2S ARTICLE 10 WORKING OUT OF CLASSIFICATION An employee who is temporarily and continuously assigned in writing to perform the duties of a higher classification for more than five (5) working days, will be compensated for the time spent in the higher classification from the 1St day in the higher classification once the employee works five (5) consecutive working days in the higher classification at a rate which is five percent (50) above his/her regular base salary. Employees who work less then five (5) consecutive working days in a higher classification shall not receive five percent (50) above his/her base salary. Notwithstanding the above an employee shall not be precluded from receiving the 5o increase if management requires the employee to temporarily and continuously perform for 5 working days or more duties of a higher classification, but fails to make the assignment in writing. Assignments shall not be unreasonably applied to in order to avoid payment. 2007-2010 DELRAY BEACH/SEIU 2,E) ARTICLE 11 WAGE S Effective, upon the adoption of this Agreement by the Delray Beach City Commission the following salary schedules shall apply for the duration of this Agreement: 07/08 08/09 09/10 Grade Minimum Maximum Minimum Maximum Minimum Maximum BOl 22,424 33,197 22,424 33,197 22,424 33,197 B02 23,538 34,861 23,538 34,861 23,538 34,861 B03 24,772 36,525 24,772 36,525 24,772 36,525 B04 26,004 38,376 26,004 38,376 26,004 38,376 B05 27,296 40,290 27,296 40,290 27,296 40,290 B06 28,588 42,328 28,588 42,328 28,588 42,328 B07 30,087 44,450 30,087 44,450 30,087 44,450 B08 31, 581 46, 634 31, 581 46, 634 31, 581 46, 634 B09 33,166 49,067 33,166 49,067 33,166 49,067 B10 34,839 51,501 34,839 51,501 34,839 51,501 B11 36,571 54,080 36,571 54,080 36,571 54,080 B12 38,401 56,784 38,401 56,784 38,401 56,784 B13 39,147 57,866 39,147 57,866 39,147 57,866 2007-2010 DELRAY BEACH/SEIU 27 All union job titles are referenced in Appendix A, with corresponding grade levels. The salary schedule for fiscal year 2007-08 shall be effective as of January 1, 2008. The salary schedule for fiscal years 2008-09 shall be effective on October 1, 2008. The salary schedule for fiscal year 2009-10 shall be effective on October 1, 2009. A. Effective the date of contract ratification by both parties, for fiscal year 2007-08, regular full time employees shall be eligible to receive an individual performance increase, in the range of 0o through 3o inclusive. Effective for fiscal year 2008- 09, regular full time employees shall be eligible to receive an individual performance increase, in the range of 0o through 50 inclusive. Such individual performance increases shall be received on the same City-wide terms, conditions, and subject to the limitations applicable to other City employees excepting: 2007-2010 DELRAY BEACH/SEIU 2g Said individual performance increases shall be granted pursuant to the Employee Performance Evaluation criteria and forms as determined by the City. B. In order to be considered for a lump sum bonus, an employee must have had an average or above average performance. Additionally, the employee shall not have had any sustained discipline resulting in disciplinary suspension imposed upon them during the evaluation year for which the bonus would be paid, and shall not have had any at fault accidents in excess of the current deductible currently observed by the City. C. The bonus paid to qualifying employees shall be paid for the fiscal years only covered by this agreement. Absent any future agreement of the parties, employees shall not be entitled to a lump sum bonus beyond September 30, 2010. D. Either party may re-open Article 11, by notifying the other party no later than May 1, 2009. The City recognizes the need for and mutual benefit to the City and employee of automobile mechanic certification. The City agrees to pay expenses related to the certification testing but limited to training materials and testing fees as approved by the Department Head and the Human Resources Department. 2007-2010 DELRAY BEACH/SEIU 2,9 Any Fleet mechanic having received three (3) Automotive Service Council certifications during the term of this contract shall receive a bonus of five percent (50) of gross pay per pay period. Upon the receipt of a total of six (6) Automotive Service Council certifications a mechanic shall receive a total bonus of ten percent (100) of gross pay per pay period. Such bonuses shall be reflected in the first paycheck received by a Fleet mechanic after receipt of proof of the certifications by the City. Any Fleet mechanic having received a total of ten (10) Automotive Service Council certifications shall receive a bonus of fifteen percent (150) in gross pay per pay period. Such bonus shall be reflected in the first paycheck received by a Fleet mechanic after receipt of proof of the certifications by the City. In order to be eligible for these bonuses the employee (Fleet mechanic) must maintain such certifications current throughout the entire pay period in order to receive the bonus for that pay period. Section 5 The City reserves the right to reallocate positions where appropriate, during the life of this agreement, in consultation with the Union. 2007-2010 DELRAY BEACH/SEIU 30 Section 6 Effect of Promotion on Wages and Performance Evaluation Date A. When an employee is promoted into a higher classification, the employee's wages shall be increased to the minimum salary of the new classification or to five percent (50) more than the employee earned prior to the promotion, whichever is higher. B. If an employee's wages are increased more than ten percent 100) as a result of a promotion, the employee's performance evaluation date will be changed to the date of the promotion. C. Notwithstanding the language of paragraph (a), above, Plant Operators will continue to receive a ten percent (100) increase when they are promoted based on obtaining a higher rated state license. 2007-2010 DELRAY BEACH/SEIU 3I ARTICLE 12 HEALTH INSURANCE Section 1 The City agrees to pay the total medical and hospitalization HMO insurance premium for all regular, full-time employees for the coverage that is in effect for general employees. The City may change such coverage, provided that the change in coverage is in conjunction with a change in coverage for a substantial portion of the general employees of the City, and that after such change, the City will pay the total medical and hospitalization HMO insurance premium for all regular, full-time employees under the new coverage. All regular, full-time employees shall pay the total medical and hospitalization insurance premiums for any dependent coverage which they may elect. The parties agree that state or federally mandated health insurance plans may impact the parties rights and obligations. The parties agree that if there are such mandates during the duration of this contract, the impact thereof shall be subject to bargaining. 2007-2010 DELRAY BEACH/SEIU 32, The City reserves the right to change the medical and hospitalization insurance carrier, but the level of deductible and insurance benefits provided to bargaining unit employees shall not be reduced during the term of this Agreement. Section 4 The City will maintain an insurance committee to discuss and review the City's insurance program, and to make recommendations to the City Manager regarding the City's insurance program(s). The insurance committee will be composed of one representative from each of the bargaining units in the City, appointed by the union representing that unit, a representative of the non-bargaining unit employees of the City, and management representatives. The City Manager will select the management members of the insurance committee. 2007-2010 DELRAY BEACH/SEIU 33 ARTICLE 13 PENSION PLAN MATTERS Section 1 The City shall continue to provide the employees represented by this agreement the current general employee's Pension Plan. The Union and the employees agree that the City may during this Contract period adopt amendments to Chapter 35 of the Code of Ordinances in order to add provisions specifying that the General Employee's Pension Board may utilize the services of an outside agency or business (experienced in insurance claims review, disabilities claims, or other related areas) to provide solely advisory opinions to the Board of Trustees with regard to the granting or not granting of any disability retirement requests pending or submitted during the term of this Agreement. Employees shall contribute 2.50 of their gross pay to the City's defined benefit pension plan, unless the actuary determines that additional contributions or no contributions to the plan are required. If the actuary determines that additional contributions are required, and the City increases the participant contribution for non-bargaining unit employees above 2.50, or if the actuary determines that no contributions are required, and the City reduces 2007-2010 DELRAY BEACH/SEIU 34 the participant contribution for non-bargaining unit employees below 2.50, the participant contribution for bargaining unit employees shall be revised to the same level as non-bargaining unit employees. However, in no event shall employees contribute more than 4.50 of their gross pay, unless the Union and the City mutually agree to a greater percentage. 2007-2010 DELRAY BEACH/SEIU 3S ARTICLE 14 The following days shall be holidays for all regular, full- time employees: New Year's Day Martin Luther King's Birthday Presidents' Day Memorial Day Independence Day One Personal Holiday (selected by employee with approval) Labor Day Thanksgiving Day Thanksgiving Friday Christmas Eve Christmas Day Employees shall also receive any other day declared by the City Commission to be a legal holiday. The Personal Holiday will be granted on a date selected by the employee, and can be used for any other holiday other than the ones designated above, provided the employee has six (6) consecutive months of regular full-time service with the City. The date selected must be approved by the Department Head, or the City Manager. A. Non-shift personnel - All regular, full-time, non- shift personnel on the above days shall be off duty with pay subject, however, to being called in for work on such days if required by their supervisor, Department Head and/or City Manager. B. Shift personnel - Shift personnel shall work their normal shift whether on a holiday or not. 2007-2010 DELRAY BEACH/SEIU 36 For non-shift personnel, when legal holidays occur within the vacation period of an employee, the number of such days that are legal holidays shall be added to the normal number of vacation days allowed. Section 4 Employees who are on leave without pay on the day preceding and the day following a holiday or who are absent without leave on the day preceding or the day following a holiday shall be considered as absent without pay on the holiday and shall not be compensated for the holiday. If an unauthorized absence occurs on an immediate work day preceding or following a designated City holiday, the employee shall provide a note from a physician certifying to the actual illness/injury of the employee in order to be compensated for the holiday and the absence. For non-shift personnel, in the event any of the aforementioned days fall on Saturday, the preceding Friday shall be considered a holiday, and in the event any of the aforementioned days fall on Sunday, the following Monday shall be considered a holiday. 2007-2010 DELRAY BEACH/SEIU 37 Section 6 For non-shift personnel, in the event that one of the holidays named in Section 1 occurs while an employee is on sick leave, the employee shall receive holiday pay and shall not be charged sick leave pay for that day. 2007-2010 DELRAY BEACH/SEIU 3g ARTICLE 15 VACATION Section 1 Regular, full-time Bargaining Unit members shall receive annual vacations, which may be accumulated from year to year, pursuant to the provisions set forth in Section 6, below. Section 2 A. Annual vacation time shall be granted according to the following schedule: Years of continuous service Vacation hours earned Over, But Less than 0 years 3 years 3 years 7 years 7 years 11 years 11 years 8.00 per month 9.33 per month 10.66 per month 12.00 per month B. A member of the Bargaining Unit shall not be eligible to take any vacation time in the first year of continuous service. An employee shall be considered as earning vacation time in the first year of continuous service, however such vacation time shall actually be taken in the second year of continuous service. Employees may utilize vacation time as 2007-2010 DELRAY BEACH/SEIU 39 earned after the first year of continuous service, plus any accumulation permitted under Section 6. Section 3 Continuous service shall be considered any service in which there has been no interruption by resignation, absence without leave, or by involuntary separation or lay-off in excess of one year. Absence due to military service, injury in the line of duty, or sick leave with pay shall not serve to interrupt continuous service unless the employee was employed by another employer during such period of absence. Absence due to leave without pay shall not be construed as an interruption of continuous service, but vacation benefits shall not be accrued during such leave. When legal holidays occur within the vacation period of an employee, the number of such days that are legal holidays shall be added to the normal number of vacation days allowed. An employee resigning from the service of the City in good standing shall be paid for any vacation credit accumulated prior to resignation, provided: A. He/she has completed one year of continuous service. 2007-2010 DELRAY BEACH/SEIU 40 B. He/She gives at least two weeks' written notice of his intent to resign and the written notice or copy of same is filed with the City Manager's office at least two weeks prior to the effective date. Vacation time is subject to the following requirements: That each bargaining unit member must actually take time off from work in a year equal to one-half of their actual eligible vacation time for that year, and the member can then accumulate the remaining unused time for that year. The maximum accumulation will not exceed two hundred eighty-eight hours. All vacations, including those periods made mandatory above, including the timing of such vacation and the actual number of days taken, are made expressly subject to the approval of the Department Head and City Manager. 2007-2010 DELRAY BEACH/SEIU 4I ARTICLE 16 SICK LEAVE Section 1 The Union recognizes that sick leave is not a privilege which an employee may use at his discretion and it shall be allowed only for the following: 1. Employee's injury, illness or quarantine due to exposure to contagious disease. 2. Actual illness of a member of an employee's immediate household (wife, husband, child, or parent) where care by the employee is required. 3. Medical, dental, vision appointments. All regular, full-time employees may be given sick leave with pay at the rate of one (1) working day for each calendar month of continuous service during which there were no absences without leave, provided: 1. Sick leave credits shall accrue during the first six (6) months of service, but shall not be granted until completion of six (6) months of continuous service. 2007-2010 DELRAY BEACH/SEIU 42, 2. If employment begins on or before the fifteenth day of the month sick leave credit shall be given for the entire month. If employment begins after the fifteenth day of the month sick leave will not be credited until the first day of the following month. 3. If an employee works less than half the normal workdays during a month for reasons other than paid leave, sick leave shall not be credited for that month. 4. Sick leave credits shall be available for use on the first day of the month following the month in which earned. The maximum sick leave accumulation that may be accrued is one hundred forty (140) days or 1,120 hours. The employee may bank all unused sick leave each year until the one hundred forty (140) days maximum is reached. Upon resignation in good standing, employees who provide the City with a two (2) weeks written notice, shall be paid at their then regular hourly rate for the portion of their accrued sick leave as stated below, not to exceed the maximum payment of five hundred sixty (560) hours. When it is determined to be in 2007-2010 DELRAY BEACH/SEIU 43 the best interests of the City, the City Manager may waive the requirement for two weeks notice. YEARS OF SERVICE 0 - 5 5 - 10 10 - 15 15 - 20 20 or more $ OF ACCRUED PAID SICK LEAVE -0- 250 of up to 560 hours 500 of up to 560 hours 750 of up to 560 hours 1000 of up to 560 hours Employees who retire from the City, after twenty (20) or more years of service and are vested under the City of Delray Beach General Employees Retirement Plan or a deferred compensation retirement system, shall receive pay at their then regular hourly rate for their total amount of accrued sick leave not to exceed the maximum allowed accrual of 1,120 hours. Sick leave accrued shall be forfeited if the employee is discharged or is not in good standing at the time of termination. Members reporting in sick or unable to report for duty must do so no later than thirty (30) minutes after the starting time for which they are scheduled, except in cases of emergency as determined by the Department Head. Members are to contact their immediate supervisor or the supervisor's designee, otherwise they shall be considered as absent without leave. Messages are not to 2007-2010 DELRAY BEACH/SEIU 44 be left with the front office personnel or with associates. The Department Head or his designee may investigate such absences to determine their validity. When absence is for three or more working days, the Department Head may require the employee to (and when the absence is for more than five (5) working days, the employee shall) provide a certificate from a physician, certifying to the actual disability of the employee, or may require a letter from the employee explaining the reasons for such absence. Section 5 - Sick Leave Donation The current City policy in the Administrative Policies and Procedures Manual PER-2, Revision 6, dated July 1, 2007, shall be maintained for the duration of this Agreement. Section 6 - Family and Medical Leave Act Policy The current City policy in the Administrative Policies and Procedures Manual, EB-16, Revision 2, dated April 13, 2007 shall be maintained for the duration of this Agreement. In case of death of an employee, payment for unused sick leave pursuant to Section 3 shall be made to the employee's beneficiary, estate, or as otherwise provided by law. 2007-2010 DELRAY BEACH/SEIU 4S ARTICLE 17 LEAVES OF ABSENCE WITH PAY Employees may be granted leaves of absence with pay upon approval of the Department Head and the City Manager for the following: A. If an employee receives a subpoena as a trial witness or to give a deposition regarding matters which arose in the scope and course of City employment, the employee should notify the City Attorney for further direction. The employee will be granted leave with pay. Any witness fees (and mileage received, if travel was by City vehicle) will be endorsed to the City and deposited into the City General Fund. If an employee is summoned for jury service or receives a subpoena as a trial witness or to give a deposition in a matter which is not job related, the employee will be granted leave with pay. Any fees received will be retained by the employee. B. Official training courses such as conferences, conventions, workshops or similar meetings approved by the City. C. Such other matters, as the City Manager may deem appropriate. 2007-2010 DELRAY BEACH/SEIU 4E) D. Employees, who are members of the organized reserves of any branch of the armed forces of the United States as required by law. Under these provisions, no overtime pay will be considered. Leaves of absence with pay will not be considered as hours actually worked in the computation of time-and-a-half payment of overtime at the end of the work cycle during which they occurred unless such leaves are directly concerned with City business and the employee was directed by the Department Head to use such leave in order to conduct City business. Provided, however, that in the case of any leave of absence with pay which may be granted to attend training sessions which are required by the City, such time shall be considered as hours worked for purposes of calculations under the provisions, where applicable, of the Fair Labor Standards Act. 2007-2010 DELRAY BEACH/SEIU 47 ARTICLE 18 LEAVES OF ABSENCE WITHOUT PAY Section 1 Leave without pay, not to exceed one year, may be granted by the City Manager to any employee who has entered upon a course of training or study for the purposes of improving the quality of his service to the City or fitting himself for promotion. Upon written request of an employee, the City Manager may grant a leave of absence without pay for personal or medical reasons, when it will not result in undue prejudice to the interests of the City, as determined solely by the City Manager. Any month in which an employee, while on leave of absence without pay, works less than half of the normal work days will not be considered for the purpose of computing sick leave, vacation, or other fringe benefits based on continuous service. Employees who are on leave of absence without pay on the day preceding and the day following a holiday shall not be compensated for the holiday. 2007-2010 DELRAY BEACH/SEIU 48 Section 4 While on leave of absence without pay (except under the Family and Medical Leave Act), the monthly insurance premium for the employee's medical/life insurance must be paid by the employee after any month in which he does not work at least half of the normal work days, on the first day of the following month. Leave without pay for military service (military leave) will be granted in accordance with applicable statutes and City Policies. 2007-2010 DELRAY BEACH/SEIU 49 ARTICLE 19 BEREAVEMENT LEAVE The City agrees that when a death occurs in the family of a regular, full-time employee (family being herein defined as follows: father, mother, brother, sister, spouse, domestic partner, child, father-in-law, mother-in-law, son-in-law, and/or daughter-in-law, brother-in-law, sister-in-law, grandparents or foster parents, foster child, grandchild, stepmother, stepfather or stepchild; no other persons shall be contained within the definition of family except as specifically set forth herein) of an employee, the employee may be allowed three (3) working days bereavement leave with pay for in state (Florida) deaths and five (5) working days bereavement leave with pay for out of state deaths. Section 2 The City agrees that the above-stated bereavement leave will not be charged against sick leave, vacation, or holiday time. Additional time for bereavement leave may be requested by the employee, and if granted, by Department Head and City Manager, shall be charged to one of the foregoing categories. 2007-2010 DELRAY BEACH/SEIU 50 Section 3 The employee may be required by the Department Head to furnish evidence of the facts justifying the use of bereavement leave. 2007-2010 DELRAY BEACH/SEIU S1 ARTICLE 20 MISCELLANEOUS CONSIDERATIONS Workers' Compensation benefits will continue to be provided in accordance with applicable laws and City policies. Section 2 Employees who are off duty shall have the right, during regular business hours of the City, to examine their own personnel files. Section 3 On a yearly basis, the City will furnish to the union, upon written request, an updated City seniority list. Nothing in this Agreement shall be deemed to limit the rights of any employee to consult on any matter not grievable with any supervisory or managerial official via the appropriate chain of command provided such consultations shall in no way interrupt, delay or otherwise interfere with effective, proper and superior service to the City and the community. In this regard, the employee may be represented by a person of his choice 2007-2010 DELRAY BEACH/SEIU S2 provided, however, if such person is a union representative, such representation shall be in accordance with the provisions of Article 2 hereof. The City will provide forty-five (45) copies of this Agreement to the Union. Section 6 The City hereby agrees to pay the costs of City maintenance service for uniforms for Union employees, when such uniforms are deemed appropriate by the City and are approved and supplied by the City, all in accordance with current City practices. 2007-2010 DELRAY BEACH/SEIU S3 ARTICLE 21 COMPLIANCE WITH NON-DISCRIMINATION POLICIES The Union does hereby recognize and acknowledge that the City, in accordance with the 1983 amendments to the Federal Revenue Sharing Program, is not permitted to nor does it discriminate on the basis of handicapped status in the admission or access to, or treatment or employment in, its programs or activities. Furthermore, the City of Delray Beach during the course of this contract may take whatever steps are necessary in order to comply with the non-discrimination requirements contained in Section 51.55 of the Federal Revenue Sharing Regulations and make the same applicable to or have an effect upon members of the Bargaining Unit. 2007-2010 DELRAY BEACH/SEIU S4 ARTICLE 22 No individual shall hereafter be hired or placed as a regular full-time City employee or as a temporary part-time City employee in the same Department or division of a Department with another person who is a relative of that individual without the express prior approval of the City Manager. No City official or employee in a managerial or supervisory capacity may be appointed, employed, promoted, or advanced in or to a position in any other department where that person would exercise regulation or control over any individual who is a relative of the City official or employee. A person who is a relative of a City official or employee may not be appointed, employed, promoted or advanced in or to a position in any Department if the related City official or employee is, or would be, the person's supervisor or who would exercise any dominion or control over or otherwise regulate the duties and responsibilities of the person, or if the person would supervise or exercise any dominion or control over or otherwise regulate the duties and responsibilities of the related City official or employee. "Relative", as used herein, means a person who is related by blood, marriage or adoption as father, mother, son, daughter, 2007-2010 DELRAY BEACH/SEIU SS brother, sister, grandparent, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, brother-in- law, sister-in-law, stepfather, stepdaughter, stepbrother, stepsister, sister. stepmother, half brother, stepson, or half 2007-2010 DELRAY BEACH/SEIU S6 ARTICLE 23 SAFETY AND HEALTH Section 1 The City will endeavor to provide and maintain safe working conditions. The City will provide such safety apparel and equipment, as it deems appropriate for the performance of an employee's assigned duties. The City will provide and replace safety shoes as necessary. The City shall make available immunization shots for tetanus, hepatits and diptherea for members of the bargaining unit as requested on a case by case basis and as determined by the City and at no cost to the employees. Employees are required to bring potentially hazardous working conditions to the attention of their immediate supervisors as soon as they become aware of the conditions. 2007-2010 DELRAY BEACH/SEIU 57 Section 5 The City encourages employees and the Union to make recommendations regarding improvements in workplace safety to appropriate City officials. The Union President shall select one (1) Bargaining Unit employee to serve on the Accident Review Board. 2007-2010 DELRAY BEACH/SEIU 5g ARTICLE 24 PROBATIONARY PERIOD -- NEW EMPLOYEES The probationary period for all new employees covered by this Agreement shall be one (1) year. The Department Head, at his/her sole discretion may extend the probationary period for a period not to exceed 60-calendar days, provided prior notice and reasons therefore are provided to the Union. New probationary employees shall have no right to utilize the Grievance/Arbitration procedure contained in this Agreement or any other internal City policy or procedure for any matter concerning discharge, suspension or other discipline. PROBATIONARY PERIOD -- PROMOTED EMPLOYEES There shall be a probationary period of one year for each employee in the Bargaining Unit who is promoted (with a pay increase consistent with the pattern of pay increases applicable to general employees who are in a probationary promoted status) to a higher classification within the Bargaining Unit. This probationary period shall commence from the employee's initial regular assignment to the higher classification. During the one year probationary period, the City Manager or his/her designee shall have the right to remove the probationary employee from the position to which he/she was promoted with or without cause. Any 2007-2010 DELRAY BEACH/SEIU S9 probationary employee so removed shall have no right to appeal said action under the provisions of this Agreement, or any other policy or procedure, unless the removal is stated, by the City, to be for disciplinary reasons. A probationary promoted employee who is removed from the position to which he/she was promoted, shall return to the position from which he/she was promoted (however, this shall not be construed as a limitation on or a waiver of the City' s right to dismiss or discipline such a probationary promoted employee for proper cause). Other probationary promoted employees may also be removed and returned to their former positions if made necessary because of the return of such a probationary promoted employee to his former position. In this event, none of the employees moved back to their former positions will have a right to appeal said action under the provisions and restrictions of this Agreement. 2007-2010 DELRAY BEACH/SEIU 60 ARTICLE 25 The City agrees that City seniority shall consist of continuous accumulation of paid service with the City. It shall be computed from the date of employment with the City. Seniority shall accumulate during all paid leaves of absence and during all unpaid approved leaves of absence of thirty (30) days or less and during approved leaves of absence of less than one (1) year when such leaves are due to job related illness or injury. Classification seniority shall mean the length of time the employee has spent in his/her current classification. In the event of layoff for any reason, the employees shall be laid off in the inverse order of City seniority in their classification only. If two employees share the same seniority date, the employees shall be laid off according to his/her most recent employee performance evaluation rating. The employee with the lowest rating will be laid off. Employees who are affected by a layoff shall, with approval of the Department Head and City Manager, have the opportunity to bump within the Department if same are qualified for the proposed position. Employees shall be recalled from layoff in the inverse order of layoff (last out, first back) if said employees to be recalled are physically 2007-2010 DELRAY BEACH/SEIU 6I qualified to perform the work available at the time of recall. The City further agrees that no new employees in a particular classification will be hired for one (1) year or until all employees in that particular classification on layoff have been given the opportunity to return to work, whichever comes first, in accordance with the provisions of this Article. "Recall" from layoff shall mean notifying a laid off employee to return to work by registered mail (return receipt requested) to the last address listed with the Department as his/her home address or by giving a laid off employee personal notice to return to work. It is incumbent upon the employee to inform the City of his/her current mailing address. If the affected employee has not responded to recall within ten (10) work days of the return receipt date on the recall notice or if the recall notice is returned by the Post Office to the City due to inability to locate the addressee, or the affected employee has not responded to personal notice recall within ten (10) work days, then that employee shall be considered to have refused recall and shall have no further recall rights. 2007-2010 DELRAY BEACH/SEIU 62 ARTICLE 26 PROMOTIONAL PROCEDURE The City will announce promotional examinations in advance. Whenever a vacancy in the Bargaining Unit is to be filled, job announcements for that vacancy will be advertised internally and, as the City deems appropriate, externally. All job announcements shall be posted on bulletin boards in the City for at least five (5) working days. Applicants from the City desiring to fill such a vacancy shall apply in writing by filling out a City job application. All promotional vacancies shall be filled in accordance with criteria established by the City's Human Resources Department. Applicants from within the City making application that meet all the criteria will be given an interview; those who do not meet all the criteria will be so informed. Seniority shall be one of the considerations in offering the position. The employees or the Union may offer suggestions to the City as to changes in the criteria to be used for filling promotional vacancies. 2007-2010 DELRAY BEACH/SEIU 63 ARTICLE 27 PHYSICAL FITNESS Both parties acknowledge that during the contract period, the City shall be investigating the implementation of a permanent physical fitness program for Bargaining Unit employees. Should the City elect to implement such a program, the Union shall have the opportunity, upon notice in advance, to bargain the content of and the standards for such physical fitness program. However, once agreed upon by the parties, or determined through the impasse procedure, all employees of the Bargaining Unit shall be required to participate in the program unless determined medically unable to do so by the City's physician. Employees who refuse or fail to participate in this physical fitness program (unless determined medically unable to do so by the City physician), shall be subject to disciplinary action; however, employees who fail to meet the standard of the program shall not be subject to disciplinary action, although the results of their participation shall be kept by the City for statistical purposes. The Union agrees that during the contract period the City may initiate annual physicals including drug and alcohol screening for all employees of the Bargaining Unit, the details of which shall be negotiated prior to implementation. Such annual physicals shall occur within the calendar quarter in which 2007-2010 DELRAY BEACH/SEIU 64 the employee's anniversary date occurs. All costs for any such annual physicals shall be borne by the City. 2007-2010 DELRAY BEACH/SEIU 6S ARTICLE 28 OUTSIDE EMPLOYMENT No member of the Bargaining Unit may hold outside employment unless the employee's written request for approval of such employment is recommended for approval by the Department Head and reviewed by Human Resources. The granting of such approval is expressly contingent upon the following: A. Assurance that the employee's City position is of primary importance; B. Consideration of the effect the outside employment may have upon the efficiency of the requesting employee; and C. Determination as to the compatibility of the outside employment with City employment. Application forms for outside endeavors shall be provided to the employee by the City annually and approval of such shall be for a maximum period of twelve (12) months, renewable annually on January first of each year. Outside employment shall be deemed to include ownership or part ownership of a business (but not including ownership of less than a controlling interest of stock of a publicly held corporation), as well as independent contracts by employees to provide labor, services or materials. 2007-2010 DELRAY BEACH/SEIU 66 No member of the Bargaining Unit may work at any previously approved outside employment, nor at any future outside employment, while said member is on injury leave or restricted duty for a workers' compensation injury, unless additional express approval for such outside employment is obtained by the member from the Department Head and the Human Resources Director, who shall take into consideration the recommendation(s) from the employee's physician and/or from the City's physician. 2007-2010 DELRAY BEACH/SEIU 67 ARTICLE 29 RESIGNATION Any employee who wishes to resign in good standing shall give the Department Head a written notice of his or her intention at least two (2) weeks prior to the date said resignation is to become effective, or shorter notice, with the approval of the Department Head. Notice of resignation shall be immediately forwarded to Human Resources together with said employee's termination forms. If any employee resigns without giving the required notice, this fact shall be entered into the employee's personnel records, and the failure to give such required notice of resignation may be considered sufficient reason for rejection of any future application of said employee to reenter City service. However, a "good standing" notation into the personnel records of an employee may be made if it is determined by the City that there were extenuating circumstances to the employee's failure to give the required two (2) weeks' notice. 2007-2010 DELRAY BEACH/SEIU 6g ARTICLE 30 A "strike" shall be defined as the concerted failure to report for duty, a concerted absence of members of the Bargaining Unit from their positions, a concerted stoppage of work, a concerted submission of resignations, a concerted abstinence in whole or in part by members of the Bargaining Unit from the full and faithful performance of their duties of employment with the City of Delray Beach, or participating in a deliberate or concerted course of conduct which adversely affects the services of the City of Delray Beach, the concerted failure to report for work after the expiration of a collective bargaining agreement, and picketing in furtherance of a work stoppage. The term "strike" shall also mean any overt preparation, including, but not limited to, the establishment of strike funds with regard to the above-listed activities. No member of the Bargaining Unit may participate in a strike. Any violation of this provision shall subject the member of the Bargaining Unit or the Union or both to the penalties under Chapter 447 of the Florida Statutes and Chapter 30 of the City of Delray Beach Code of Ordinances. 2007-2010 DELRAY BEACH/SEIU 69 Section 3 That in the event of a breach of the provisions of this Article, the City of Delray Beach shall be entitled to suspend or terminate the provisions of this contract and recover from the Union and any employee in the Bargaining Unit participating in the strike, jointly and severally, full compensatory damages, punitive damages, costs and attorney's fees incurred in any and all proceedings involving said strike. Section 4 The City of Delray Beach shall have the right to unilaterally terminate the employment of any employee engaging in the strike. The only issue which shall be grievable with reference to the termination is whether or not the employee was in fact engaged in a strike. In the event of a strike, the City shall transmit written notification to the chief agent or his designee, of the Union, and the Union shall take direct and immediate action to the fullest extent of its power and influence to bring about a cessation of such activity. Among other actions the Union will notify the employees of the Bargaining Unit and inform them that a strike is illegal under Florida Law, of the sanctions which may be imposed against the Union and participating employees for a 2007-2010 DELRAY BEACH/SEIU 70 strike, and further instruct striking employees to immediately return to work. The Union agrees that the notification will be in writing and will be made in good faith effort to get the employees to return to work. Conduct by the Union in accord with the provisions of this section shall exonerate it from all penalties, financial or otherwise which may be imposed under this Agreement, but this notwithstanding, the City does not waive any rights it may have to declare this Contract to be null and void upon the occurrence of a strike. Section 6 Any action taken by the City under the provisions of this Article must be factually based. 2007-2010 DELRAY BEACH/SEIU 71 ARTICLE 31 DISCIPLINE The City Manager may at any time dismiss or otherwise discipline any employee for proper cause which he considers will promote the efficiency of the City's service. Further, the City Manager or his designee, may, at any time, discipline or dismiss any probationary new employee with or without cause. The following may be considered grounds for dismissal, or other lesser discipline, including but not limited to demotion, suspension, or reprimand based on the City Manager's determination of the gravity of the offense; however, dismissal or other discipline may be imposed for causes other than those enumerated. An employee may be disciplined or dismissed if he/she: A. Has been found guilty in a court of competent jurisdiction of a felony and/or of a misdemeanor involving moral turpitude or which is related to his/her City job function. 2007-2010 DELRAY BEACH/SEIU 72 B. Fails to notify his/her department head in writing within two (2) working days of an arrest for a felony, misdemeanor or a DUI while in on-duty or off- duty status. C. Fails to notify his/her department head of the revocation or suspension of a driver's license when employment involves driving. Notification must be before the beginning of the next shift or assignment. The City agrees to keep the matters covered in Sections B and C confidential. D. Has violated any of the provisions of the City ordinances related to personnel matters, or policies, or this Agreement, or has attempted to, or does commit an act or acts intended to nullify any of the provisions thereof. E. Has violated any lawful or reasonable order, or failed to obey any reasonable or lawful direction by a superior. F. Has reported for duty, or is actually on duty, while under the influence of intoxicating beverages or drugs. G. Has been guilty of acts which amount to insubordination; or has been guilty of disgraceful conduct while on duty, or disgraceful conduct while 2007-2010 DELRAY BEACH/SE N 73 off duty when it reflects unfavorably on the City or interferes with the operations of the City. H. Has been wantonly offensive in his conduct or language toward the public or any other City employee or official. I. Has been incompetent, negligent or inefficient to such an extent that his performance falls below the minimum prescribed standard. J. Is careless or negligent of the property of the City of Delray Beach, or steals, or loses because of negligence, or misuses any equipment, materials, property or other things of value belonging to the City. K. Has used, or threatened to use, his position for personal gain or advantage, or attempted to use political influence in securing promotion, leave of absence, transfer, classification change, pay increase or change in character of work. L. Has taken any fee, gift or other valuable thing in the course of his work or in connection therewith for his personal use from any firm, corporation or individual when such fee, gift or other valuable consideration is accepted with the understanding that 2007-2010 DELRAY BEACH/SEIU 74 the donor shall receive favors and service therefore not customarily accorded the general public. M. Has falsified time records, other official City records or failed to report absences from duty to his superiors in accordance with prescribed procedure. N. Has been absent from duty without proper leave of absence, or otherwise contrary to prescribed procedures; or has failed to report for duty after a leave of absence has expired. 0. Has been excessively absent from work; has been repeatedly absent from work without notifying his immediate supervisor or has repeatedly reported late for work. P. Has abused sick leave or other authorized leave of absence by claiming false reasons for such leave. Q. Is antagonistic in his attitude toward his superiors or fellow employees; continually criticizes orders or rules issued or adopted by his superiors; or conducts himself in such a way that it interferes with the proper coordination of the work effort in his department to the detriment of efficient public service. 2007-2010 DELRAY BEACH/SEIU 75 R. Who, upon the expiration of earned sick leave, fails to report to work or report his/her inability to work if such is the case. S. Has been convicted of the unlawful possession, use, dispensing or sale of any narcotic, barbiturate, mood ameliorating, tranquilizing or hallucinogenic drug, or conspiracy to do same, while either on or off duty. T. Has made a significant omission on his application for employment or has falsified it in any way. U. Has been found guilty by courts of competent jurisdiction of a felony criminal offense, or has been repeatedly found guilty of misdemeanor criminal offenses. V. Has been found to have utilized anabolic steroids, with or without prescription, solely for the purposes of enhanced muscle training or body building functions. Disciplinary action shall be taken only as provided pursuant to Article 32. The City Manager shall furnish the nonprobationary employee and the promoted probationary employee whom he dismisses from the City service, with a written statement outlining in detail reasons for the removal and the date and time such removal becomes effective. 2007-2010 DELRAY BEACH/SEIU 76 Section 3 If criminal charges have been formally instituted against an employee, the City Manager may place said employee on leave of absence with or without pay. During such leave of absence, the City may investigate and take appropriate disciplinary action against the employee. However, if the employee is subsequently found not guilty by a trial court of all the criminal charges which had been instituted against the employee, and if no notice of potential disciplinary action has been given, the employee shall be reinstated and awarded back pay for the period of said leave of absence. Section 4 Disciplinary documents that are placed in the employee's Human Resources' file shall be presented to the employee. Employees shall have the right to review their personnel file during work hours with division head's approval. Any other provisions of this Agreement to the contrary not withstanding, oral or written reprimands may not be grieved beyond Step 4 of Section 2 of Article 32 of this Agreement. The employer shall not assign an employee duties outside of his/her current classification solely for the purpose of discipline. 2007-2010 DELRAY BEACH/SE N ~~ ARTICLE 32 GRIEVANCE PROCEDURES Section 1 A. The grievance procedures as described in Sections 2, 3 and 4, below, shall be used for the settlement of disputes between the City and an aggrieved employee or group of employees involving the interpretation or application of this Collective Bargaining Agreement, as well as for the appeal of recommendations of disciplinary matters. In the case of such recommended discipline, the appeal process and the grievance process shall be simultaneously processed. Only non-probationary full- time and regular part-time employees in the Bargaining Unit are entitled to utilize the procedures of this Article. B. Performance evaluations may be grieved if the overall rating is "marginal" or "unsatisfactory" and the employee alleges that the overall rating is arbitrary or capricious. Any such grievance may be taken to Step 4 of this procedure, but not beyond. Other performance evaluations may not be grieved. 2007-2010 DELRAY BEACH/SEIU 7g Section 2 Grievances shall be processed in accordance with the following procedures: Step 1 The aggrieved employee, or a Union representative on his or her behalf, shall submit a grievance in writing and it shall be discussed with the aggrieved employee's immediate supervisors/ within ten (10) working days of the occurrence (or discovery thereof) which gave rise to the grievance. For the purpose of this Article, working days shall mean Monday through Friday, excluding City Holidays and weekends. A Union grievance representative may be present to represent the employee, if the employee desires him or her present. The supervisor shall attempt to adjust the matter and/or respond to the employee within five (5) working days. s/ Provided, however, that if the immediate supervisor is a bargaining unit employee, the grievance shall be submitted and discussed with the next level supervisor who is not a member of the bargaining unit. 2007-2010 DELRAY BEACH/SEIU 79 Step 2 If the grievance has not been satisfactorily resolved in Step 1, the aggrieved employee and the Union representative, if the employee wishes his or her assistance, shall present the written grievance to the employee's Division Head or such other supervisory level employee as shall be designated in advance by the Department Head within five (5) working days from the time the supervisor's response was due in Step 1. The Division Head or such other supervisory level employee as shall be designated in advance by the Department Head shall meet with the employee and the Union representative, if the employee wishes him or her present, within three (3) working days. The Division Head or such other supervisory level employee as shall be designated in advance by the Department Head shall respond in writing within five (5) working days from the day of the meeting. Step 3 If the grievance has not been satisfactorily resolved in Step 2, the aggrieved employee and the Union representative, if the employee wishes his or her assistance, shall present the written grievance to the employee's Department Head within five (5) working days 2007-2010 DELRAY BEACH/SEIU g0 from the time the supervisor's response was due in Step 2. The Department Head, or his or her designee shall meet with the employee and the Union representative, if the employee wishes him or her present, within three (3) working days. The Department Head, or his or her designee, shall respond in writing within five (5) working days from the day of the meeting. Where a grievance is general in nature, in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 3 of this grievance procedure, within the time limits for the submission of a grievance in Step 2, and shall be signed by the aggrieved employees, and/or a Union representative on the employees' behalf. Grievances of a general nature shall be processed within the time limits hereinabove provided unless extended by mutual agreement in writing. Step 4 If the grievance has not been satisfactorily resolved in Step 3, the employee, or the Union if the employee elects Union assistance, may present a written appeal to the City Manager within seven (7) working days from the time the response was due from the Department Head in Step 3. The City Manager, or his or her designee, shall meet with the employee (and the 2007-2010 DELRAY BEACH/SEIU gl Union representative, if the employee wishes him present), within five (5) working days. The City Manager or his designee shall respond in writing within seven (7) working days from the date of the meeting. Any grievance not processed in accordance with the time limits provided above shall be considered conclusively abandoned. Any grievance not answered by management in the time limits provided above shall be determined to be denied and may be advanced to the next higher step of the grievance procedure, subject to any restrictions set forth in this Agreement. Step 5 If a grievance, excluding any grievance involving a written or oral reprimand or an employee evaluation, has not been satisfactorily resolved within the grievance procedure, the Union may request arbitration in writing to the office of the City Manager no later than fifteen (15) working days after the City Manager's response is due in Step 4 of the grievance procedure. The parties to this Agreement then will mutually agree, or attempt to, on an independent arbitrator within fifteen (15) working days. The parties may also, by mutual agreement, select a panel of arbitrators to be used during the term of this Agreement. If this cannot 2007-2010 DELRAY BEACH/SEIU g2 be done, an arbitrator will be selected in accordance with the assistance selection procedures of and using the lists of five (5) supplied by the Federal Mediation and Conciliation Service in effect at the time of the signing of this Agreement; the sole function of that body being to assist in the selection of the arbitrator. A. The arbitration shall be conducted under the procedural rules of the Federal Mediation and Conciliation Service unless in conflict with any provisions set forth in this Agreement or unless otherwise agreed to or provided for by the parties in writing. Subject to the following, the arbitrator shall have the jurisdiction and authority to decide a grievance as defined in this Article and to enforce compliance with the term and conditions of the Agreement. The arbitrator shall not substitute his/her judgment as to the wisdom or the degree of severity of any disciplinary action imposed on any employee by the City. The arbitration inquiry shall be limited to whether the City possessed evidence of misconduct before imposing discipline ultimately imposed. 2007-2010 DELRAY BEACH/SEIU g3 B. However, the arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. C. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to the arbitration, which is not specifically covered by this Agreement. D. The arbitrator may not issue declaratory or advisory opinions and the arbitrator shall be confined exclusively to the question which is present, which question must be actual and existing. E. Copies of the award of the arbitrator, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to both parties in writing within thirty (30) days of the hearing and shall be final and binding upon both parties. F. It is contemplated that the City and the employee shall mutually agree in writing as to the statement of the matter to be arbitrated prior to a hearing, and if this is done, the arbitrator shall confine his decision to the particular matter thus specified. In the event of the failure of the parties to so agree on a statement of issue to be submitted, both the 2007-2010 DELRAY BEACH/SEIU 84 Union and the City shall submit a written statement of the grievance and the arbitrator shall confine his consideration to the written statement or statements submitted. This clause, however, shall not be construed to permit either party to present issues through their written statements that would not otherwise be subject to the grievance and arbitration provisions of this Agreement. G. Each party to arbitration shall bear the expense of its own witnesses and its own representatives. The arbitrator's fees and expenses shall be borne equally by the parties. 2007-2010 DELRAY BEACH/SEIU gs ARTICLE 33 COMPREHENSIVE DRUG AND ALCOHOL POLICY AND PROCEDURE The City recognizes that City Employees are not immune from the problems which face society in general. The problem of drug and alcohol abuse have become widespread throughout our community and nation. As part of our commitment to safeguard the health of our employees, to provide a safe environment for our employees to work and to promote a drug free community, we have established this policy dealing with the problem of drug and alcohol abuse. This policy is intended to be corrective, rather than punitive, in application. I. Definitions For purposes of this policy, the following definitions apply: A. "Alcohol" means ethyl alcohol (ethanol.) References to use of alcohol include use of a beverage, mixture or preparation containing ethyl alcohol. B. "Alcohol Abuse" means the use or being under the influence of alcohol or alcoholic beverages on the job by City Employees is strictly prohibited. C. "Drugs" are any controlled substance as defined in Section 893.03, Florida Statutes any prescription medication/drug, and over the counter medications/drugs. 2007-2010 DELRAY BEACH/SEIU g6 D. "Drug abuse" is the use of any controlled substance which includes the commission of any act prohibited by Chapter 893, Florida Statutes, when not possessed or taken in accordance with a lawful prescription, provided, however, drug abuse shall also include the misuse of prescription and over the counter medication/drugs which have an adverse affect on employee performance. E. "Initial Drug Test" means a sensitive, rapid and reliable procedure to identify negative and presumptive positive specimen, usually during a chemical procedure or a more accurate scientifically accepted method approved by The United States Food and Drug Administration or The Agency for Health Care Administration. F. "Collection Site" means a place where employees present themselves for the purpose of providing a specimen to be analyzed for the presence of drugs. The collection site will be a separate and independent entity from the laboratory and/or the medical review offices. G. "Confirmation Drug Test" means a second analytical procedure run on a sample that was positive on the initial screening test. The second analytical procedure must be used to identify the presence of a specific drug or metabolite in a specimen. The confirmation method must be capable of providing requisite specificity and 2007-2010 DELRAY BEACH/SEIU g7 quantitative accuracy. The confirmation test for alcohol will be gas chromatography and the confirmation test for all the drugs will be gas chromatography/mass spectrometry. H. ~~Medical Review Officer" or MRO means a licensed physician, contracted by the City, who is responsible for receiving and reviewing all confirmation results from a laboratory. The MRO is responsible for contacting all positively tested employees to inquire about possible causes for a positive test result. The MRO must have knowledge of substance abuse disorders, and have the appropriate medical training to interpret and evaluate a positive test result with prescriptive or other relevant medical information. The choice of a qualified MRO shall be determined by the City, providing that no conflict of interest exists with current medical/physical practices. The MRO selected by the City shall be a separate and independent entity from the authorized collection site and/or the laboratory. The City shall give thirty days notice for change of MRO selection except in cases of emergency as determined by the City Manager. The MRO shall maintain the qualifications as established in Chapter 59A-24.008 (I) 2007-2010 DELRAY BEACH/SEIU 88 (a) - (e), Florida Administrative Code and insure testing and analysis compliance in accordance with Chapter 59A- 24.006, Florida Administrative Code (R.1996.) I. "Laboratory" means a facility licensed by the Agency for Health Care Administration in accordance with Chapter 59A-24, Florida Administrative Code (R. 1996) and shall be selected by the City. The laboratory will be a separate and independent entity from the authorized collection site and/or the MRO. The City shall give thirty days notice of a change of laboratory selection except in cases of emergency as determined by the City Manager. J. "Prescription Medication" means a drug or medication obtained pursuant to a prescription as defined by Section 893.02 (19) . K. "MRO Contact" The City Human Resources Director shall be designated as the contact person for receiving communication from the MRO reporting positive and/or negative test results. The Human Resources Director shall comply with employee protection and confidentiality provisions as established in this article, and to the extent provided by law. L. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is using drugs or 2007-2010 DELRAY BEACH/SEIU g9 alcohol in violation of the City policy determined from specific and articulable facts and reasonable inferences drawn from those facts. It is an opinion which a reasonable person would form based upon observation and/or testimony from credible sources. Observation includes but is not limited to, sensory facts (what a person saw, heard, smelled, tested or touched). Reasonable suspicion must be based upon the observation of two corroborating witnesses whenever reasonably possible and reported in writing to the Department Head or his/her designee. A copy of this documentation shall be given to the employee prior to testing. The written document shall include the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant testing. M. "Prohibited Actions" - The following actions are prohibited and will subject an employee to disciplinary action up to and including termination. The use or being under the influence of, or possession of alcohol, on the job by City Employees is strictly prohibited. Drug abuse on the job by City Employees is strictly prohibited. The use of illegal drugs on or off duty by employees of the City is strictly prohibited. Employees are also subject to discipline or discharge when they engage in alcohol or 2007-2010 DELRAY BEACH/SEIU 90 drug abuse and the abuse occurs off duty and the City Manager or designee determines that the abuse may adversely affect his/her job performance or represents a threat to the safety of the employer, his/her coworkers, or the public, or the off duty conduct is unbecoming to public employment. II. Testing 1. Authority to test - The City has the authority to require employees to submit to testing for purpose of implementing this policy against alcohol and drug abuse. 2. Types of Tests - The City may conduct the following types of tests to maintain a drug free workplace program. (a) Annual Physical - Alcohol and drug testing are components of the annual scheduled medical physical. (b) Reasonable Suspicion - The City may require an employee to submit to reasonable suspicion drug testing. The definition of "Reasonable Suspicion Drug Testing" as established in this Article will be the basis for determining whether reasonable suspicion exists to test an employee. (c) Post Accident Testing - If an employee is involved in an accident in which the employee was driving, and anyone of the following occurs: 2007-2010 DELRAY BEACH/SEIU 9I An individual dies, and individual suffers a bodily injury and immediately receives medical treatment away from the accident scene, one or more vehicles incurs disabling damage as a result of the occurrence and is transported away from the scene by tow truck or other vehicle. Disabling damage does not include damages that could be remedied temporarily at the scene of occurrence without special tools or parts; tire disablement without further damage if no spare tire is available; or damage to headlights, taillights, turn signals, horns, or windshield wipers. (d) Follow Up Testing - An employee who is returned to work upon successful completion of a rehabilitation program shall be placed on evaluation status for one (1) year following his/her return to City employment. During the one year evaluation period, the City may require the employee to take up to a maximum of four unannounced blood or urine tests for the presence of drugs or alcohol. If at any time during the evaluation period the employees blood or urine is found to contain the presence of alcohol or drugs, the employee shall be subject to disciplinary action, up to and including dismissal. 2007-2010 DELRAY BEACH/SEIU 92 3. Refusal to Test - An employee that refuses to submit to alcohol and drug testing as established in this Article may be subject to disciplinary action up to and including termination. III. COLLECTION SITE, COLLECTION PROCEDURES AND LABORATORIES PROCEDURES 1. Collection Site and Specimen Collection Procedures including the Designation of Collection Sites, Chain of Custody Form and Procedures, Security Procedures and Specimen Collection (access to authorized personnel only, privacy, and integrity and identity of specimen) shall be in accordance with Chapter 59A-24.005, Florida Administrative Code (R.1996) The attached Chain of Custody Form will be used for each employee tested. (A CHAIN OF CUSTODY FORM NEEDS TO BE PROVIDED.) 2. Collection Site Personnel - a specimen for drug test may be taken or collected pursuant to Section 59.A-24.006, Florida Administrative Code. 3. Prior to any collection of specimen, the Employer shall provide a form for the employee to provide any information he or she considers relevant to the drug test, including identification of currently or recently used prescription or non-prescription medication or other 2007-2010 DELRAY BEACH/SEIU 93 relevant medical information. Such form shall provide notice of the most common medication by brand name or common name as applicable, as well as chemical name, which may alter or affect a drug test. The information provided shall be reviewed by the medical review office (MRO) in interpreting any positive confirmed results. The attached Medical Information Form will be used for each employee tested. (THE MEDICAL INFORMATION FORM NEEDS TO BE PROVIDED.) 4. Drug Testing Laboratories shall be licensed by the Agency for Health Care Administration in accordance with Chapter 59A-24.006, Florida Administrative Code (R.1996) in order to collect or analyze specimens for the City's drug testing policy and shall comply with the provisions of Chapter 483, Part I, Florida Statutes. The City shall provide employees with the name, address and telephone number of the laboratory contracted by the City to perform drug testing. Drug Testing Laboratories policy and procedure including laboratory personnel, training of laboratory personnel, laboratory personnel files, and specimen security and analysis procedures shall be in accordance with Chapter 59A-24.006, Florida Administrative Code (R.1996). 2007-2010 DELRAY BEACH/SEIU 94 5. Laboratory Assistance - The approved laboratory shall provide technical assistance to the MRO and the employee for the purpose of interpreting any positive confirmed test results. 6. Initial Test - The initial screen for all drugs shall be in immunoassay except that the initial test for alcohol shall be an enzyme oxidation methodology. 7. Confirmation Test - All specimens identified as presumptively positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MSO), except alcohol will be confirmed using gas chromatography. The City shall comply with confirmation drug testing parameters as established in chapter 59A- 24.006(4)(f); Florida Administrative Code (R.1996) as may be amended from time to time for the controlled substances listed therein. The City shall comply with initial drug testing parameters as in Chapter 59A-24.006 (4) (e) i, Florida Administrative Code (R 1966), as may be amended from time to time for the controlled substances listed therein. IV. RELEASE OF RESULTS 1. The laboratory shall report test results to the MRO within reasonable time after receipt of the specimen by the laboratory. 2007-2010 DELRAY BEACH/SEIU 9S 2. The laboratory shall report as negative to the MRO all specimens, which are negative for controlled substances on the initial test or are negative for controlled substances on the confirmation test. The laboratory will not administer a confirmation test if the initial test is negative for controlled substances. Only specimens, which are confirmed as positive for controlled substances on the confirmation test, shall be reported to an MRO only for the specific drug involved. Provided however, in the case of reasonable suspicion testing, regardless of whether the initial or confirmation test reflects the presence of controlled substances in excess of the thresholds established in Chapter 59A-24.006, Florida Administrative Code, the laboratory shall report to the MRO the presence of any prescription medication/drug or the presence of over the counter medications/drugs in the initial or confirmation test. 3. The MRO, the City's MRO contact, an/or the tested employee may request from the laboratory, and the laboratory shall provide, a detailed quantification of the initial and confirmation test results. The records are, to the extent permitted by law, to be considered medical records subject to Federal Law and the laws of the State of Florida. 2007-2010 DELRAY BEACH/SEIU 96 4. The laboratory shall transmit results to the MRO in a manner designed to insure confidentiality of the information. The laboratory and MRO must insure the security of the data transmission, storage, and retrieval system to only those authorized under Chapter 59A-24, Florida Administrative Code, to obtain such information. 5. The MRO will also verify that positive and negative test results were properly analyzed and handled. The MRO will have knowledge of substance abuse disorders and shall also be knowledgeable in the medical use of prescription drugs and in the pharmacology and toxicology of illicit drugs. The MRO shall evaluate the drug test results by checking the chain of custody form that the specimen was collected, transported and analyzed under proper procedures as set forth in this policy. 6. The MRO will initially notify the employee of a confirmed positive test result within a reasonable period of time of the test result from the laboratory and determine if any alternate medical explanations caused a positive test result. 7. If the alternate medical explanation for a positive test result is accepted by the MRO, the test result will be reported to the designated representative as negative. 2007-2010 DELRAY BEACH/SEIU 97 8. The MRO will communicate and provide a copy of the test results of an employee to the City's MRO contact, Human Resources and to the employee. The test results shall be communicated only after the MRO has verified that the positive and/or negative test results were properly handled and analyzed. In the case of a positive test result, the MRO shall provide opportunity for the employee to discuss the positive test results and to submit documentation of any information relevant to the positive test results. In the case of reasonable suspicion testing, the MRO shall report to the City's MRO contact as a positive test result not only the presence of scheduled controlled substances in excess of the established thresholds, but the presence of prescription medication/drugs or over the counter medication/drugs when, in the judgment of the MRO, the quantity of such substances present would likely result in the behavior forming the basis for ordering the reasonable suspicion test. V. CHALLENGES TO TEST RESULTS 1. After receipt by the City of a positive confirmed test result from the MRO, the City must notify the employee in writing of its final decision, which is subject to Article 32, Grievance Procedure of the agreement. 2007-2010 DELRAY BEACH/SEIU 9g 2. An employee/Union may challenge violations of the Drug Testing Policy through the grievance procedures contained within this agreement and the grievance process shall begin as soon as the City notifies the employee in writing of the City's' final decision regarding the tested employee. 3. When an employee challenges the results of testing, it shall be the employees responsibility to notify the laboratory in writing of such challenge. Upon such notification the laboratory shall be required to retain the sample indefinitely until the challenge is settled. Further, the laboratory shall retain all positive confirmed specimens for at least one (1) year from the date of initial testing. 4. Nothing in this drug testing policy shall be construed to eliminate or diminish any right provided to the employee, the Union and/or the City by the collective bargaining process and the resulting collective bargaining agreement thereof. VI. EMPLOYEE PROTECTION AND REHABILITATION 1. All employees may, upon request, have a Union representative present during the testing procedure, provided the test will not delayed more than thirty minutes while waiting for such representation. 2007-2010 DELRAY BEACH/SEIU 99 2. The City may place employees who are tested for fitness for duty, reasonable suspicion, post accident drug testing, or whose drug test results are confirmed positive as part of their annual physical examination in a non-safety sensitive position, or on administrative leave with pay until a final decision is made on the tested employee by the City. 3. If the employee fails to enter or complete a rehabilitation program, the employee may be subject to discipline up to and including termination. 4. Probationary employees whose blood or urine is found to contain the presence of illegal drugs, or who have been found to have used or been under the influence of drugs or alcohol while on duty, shall be dismissed. 5. Any non-probationary employee who has tested positive through the confirmation testing process may be placed on a leave of absence without pay for a period of up to sixty (60) days. The employee may use accumulated leave during the leave of absence. The leave of absence is to give the employee an opportunity to rehabilitate him or herself from abusing alcohol and/or drug abuse. The City may assist the employee in locating an appropriate program of rehabilitation. Upon the successful completion of the rehabilitation program as certified by 2007-2010 DELRAY BEACH/SEIU 100 the program administrator designated by the City, the employee shall be subject to the requirements below. The employee shall be returned to City employment in the same or similar position (same schedule as to shift or non- shift) to the one which the employee occupied before his or her leave of absence at the same rate of pay as if the employee did not take such leave of absence. Prior to resuming employment with the City, the employee shall be subject to a blood or urine test for the presence of alcohol and/or drugs. 6. After receipt by the City of a positive confirmed test result from the MRO, the employee may request a retest of the original specimen at another laboratory mutually selected by the City and the employee. Provided however, an employee's request for a retest shall be processed only if the request is in writing and is received by the City no later than ten (10) days after the employee's receipt of the City's final decision. The requesting employee shall be required to pay for the costs of the retest, including handling and shipping expenses. Upon notice from the City that the employee has timely requested a retest, the MRO shall contact the original testing laboratory to initiate the retest. The laboratory performing the retest shall comply with the 2007-2010 DELRAY BEACH/SEIU 101 drug testing parameters set forth in Section III above, and shall report the test results to the MRO within a reasonable time after receipt of the specimen from the original laboratory. If the retest results are negative, the City will accept the results and will reimburse the employee for the costs of the retest, including handling and shipping expense. 7. All documents and records with regard to the drug testing of an employee will be expunged from an employee's file if the employee is cleared through an administrative or legal challenge, and/or reasonable suspicion drug testing or split sample testing, if the employee's test results are negative. 8. The City will not discharge, discipline, or discriminate against an employee upon the employee voluntarily seeking treatments which under the employment of the City, for an alcohol/drug related problem. VII. EDUCATION 1. The City must inform employees about any employee assistance programs that the City may have available. The City shall have a contact person who will be responsible for providing the names, addresses and telephone number of an employee assistance program available to employees. 2007-2010 DELRAY BEACH/SEIU 102 2. The City must provide information for its employees to assist them in identifying personal and emotional problems which may result in the misuse of alcohol or drugs. 3. The City must provide training to all supervisors, which will enhance their knowledge and skills in interpreting and administering the provisions of this Article. VIII. CONFLICT WITH OTHER LAWS AND/OR COLLECTIVE BARGAINING AGREEMENT 1. The parties agree that all specific references in this policy to Chapter 59A-24, Florida Administrative Code (R.1996), as may be amended from time to time, have been collectively bargained and contractually agreed to by both parties to the extent that the above Administrative Code is applicable and not in conflict with other provisions of this policy or Federal or State Law. 2007-2010 DELRAY BEACH/SEIU 103 ARTICLE 34 DAMAGE TO CITY PROPERTY A. Each employee shall exercise due caution in the care and handling of all tools and equipment which may come into his custody, or over which he may have a degree of control. Any employee who loses, misuses, or damages through his carelessness, negligence and/or intentional misconduct such tools or equipment provided by the City shall be subject to discipline. When in the judgment of the City a tool or piece of equipment is no longer safe or effective, due to normal wear and tear, the defective item shall be turned in to the City for replacement. No defective tool or piece of equipment shall be replaced by the City until the defective item is presented by the employee. All tools and equipment issued to an employee by the City shall be returned to the City prior to the employee leaving City employment in the same condition as same was issued (normal wear and tear excepted). 2007-2010 DELRAY BEACH/SEIU 104 ARTICLE 35 ABSENCE WITHOUT LEAVE Section 1 An absence of an employee from duty, including any absence for a single day and failure of an employee to report at the expiration of a leave of absence (including a leave of absence due to a work-related injury) or vacation, that is not authorized by a specific grant of leave of absence under the provisions of this Agreement, shall be deemed to be an absence without leave. Any such absence shall be without pay and the employee may be subject to disciplinary action, including suspension, demotion or dismissal. Any employee who is absent from duty for three (3) consecutive days without notifying the immediate supervisor of the reasons for such absence and the time he/she expects to return, and without securing leave, may be considered to have resigned without notice. For purposes of this Article, three (3) consecutive days shall mean three (3) work days of the employee. 2007-2010 DELRAY BEACH/SEIU 105 ARTICLE 36 AMENDMENTS This Agreement may be amended at any time on mutual consent of both parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed by both parties hereto. 2007-2010 DELRAY BEACH/SEIU 106 ARTICLE 37 SEVERABILITY AND WAIVER Section 1 Should any section or provision of this Agreement or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be unlawful and unenforceable, such decision of the Court shall apply only to the specific section or provision or portion thereof, directly specified in the decision and shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be unlawful and unenforceable. Upon the issuance of a final decision, the parties agree to immediately negotiate a substitute, if possible, for the invalidated section or portion thereof. The exercise or non-exercise of the rights covered by this Agreement by the City or the Union except as to the notice provisions of Article 39, concerning duration, modification, and termination, shall not be deemed to waive any such right or the right to exercise them in the future. 2007-2010 DELRAY BEACH/SEIU 107 ARTICLE 38 EMERGENCY PAY POLICY Section 1 Whenever the City Manger declares that an emergency condition exists, and the City Manager calls for preparedness actions to take place either before, during or after the emergency, the City Manager may suspend the provisions of this Agreement as long as the provisions regarding pay and benefits shall remain in effect. The parties agree that all hours actually worked by bargaining unit employees shall be recorded as regular hours and shall be paid to the employee at the employees' appropriate rate of pay as provided herein. Employees who are offered the option of not reporting to work shall be allowed to use vacation time to remain in pay status. If the employee has no accrued vacation, the City shall grant vacation leave in advance to be repaid to the City once the vacation time is accrued. Employees who are on approved vacation leave, leave with pay or sick leave during the emergency shall receive vacation, regular or sick leave pay as previously approved. Shift personnel who are scheduled off during the emergency shall receive no pay unless they are called in to work. In this 2007-2010 DELRAY BEACH/SEIU log event, they shall receive their appropriate rate of pay for all hours worked during the emergency. Shift personnel who are scheduled on during the emergency shall receive their appropriate rate of pay for all hours worked during the emergency. Premium pay shall be paid at time and one-half when appropriate. 2007-2010 DELRAY BEACH/SEIU 109 ARTICLE 39 SICK AND VACATION PAY-OUT ACCRUALS The City shall make changes to the sick and vacation pay accruals policy by providing the following two (2) options: A. Provide a lump sum pay-out as currently exists. B. Enable employees who properly notify the City with the intent to retire, at least three years prior to Retirement date, the ability to have above noted accruals paid in payments of not more than one-third per year of amount available at date of designation of retirement. 2007-2010 DELRAY BEACH/SEIU 110 ARTICLE 40 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES The parties acknowledge and agree that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining with respect to any subject matter referred to or matter covered in this Agreement or considered by the parties during collective bargaining negotiations resulting in this Agreement, subject to impact bargaining, if any be lawfully required. This Agreement contains the entire contract, understanding, undertaking, and agreement of collective bargaining for and during its term. 2007-2010 DELRAY BEACH/SEIU 111 ARTICLE 41 DURATION, MODIFICATION, AND TERMINATION Except as otherwise provided in this Agreement, this Agreement shall be effective from October 1, 2007, and continue through September 30, 2010. If the parties have not executed a written agreement by the expiration date hereof, i.e., September 30, 2010, then the terms and conditions of this Contract shall nonetheless continue in effect, except as modified herein. Negotiations for a successor agreement shall commence not later than May 1, 2010. 2007-2010 DELRAY BEACH/SEIU 112 ARTICLE 42 EXECUTION OF AGREEMENT In executing this Agreement, the President of the Service Employees International Union, Florida Public Services Union, CTW, CLC, represents that he/she has made the Bargaining Unit Employees aware of their responsibilities individually and collectively under this Agreement at a regularly scheduled meeting of the Organization and that by an affirmative vote of a majority of the membership present and voting, the individuals executing this Agreement have been authorized by the membership to take such action. Dated this day of February, 2008. ATTEST: CITY OF DELRAY BEACH, FLORIDA Chevelle Nubin, City Clerk By: Approved as to form and legal sufficiency: Susan Ruby, City Attorney David T. Harden, City Manager 2007-2010 DELRAY BEACH/SEIU 113 Dated this day of February, 2008. Service Employees International Union, Florida Public Services Union ATTEST: By: Ed Burke, President By: Michael Stanley, Chief Negotiator By: Brian Jones, Chief Union Steward 2007-2010 DELRAY BEACH/SEIU 114 APPENDIX A CITY OF DELRAY BEACH SEIU JOB TITLES JOB BASE GRADE TITLE NUMBER HOURS LEVEL Animal Control Officer 296 80 B09 Building Maintenance Worker 344 80 B05 Carpenter 322 80 B09 Crew Leader I 291 80 B05 Crew Leader II 293 80 B08 Crew Leader III 723 80 B10 Equipment Operator I 306 80 B05 Equipment Operator II 307 80 B07 Equipment Operator III 724 80 B09 Equipment Technician I 537 80 B07 Equipment Technician/Lawn 628 80 B08 Fleet Mechanic 611 80 B08 General Maintenance Worker 601 80 B02 Instrumentation Technician 684 80 B12 Instrumentation Technician, Senior 662 80 B13 Inventory Control Clerk 741 80 B08 2007-2010 DELRAY BEACH/SEIU 115 TITLE Irrigation Maintenance Supervisor Irrigation Maintenance Worker Journeyman Electrician Master Electrician Master Electrician Sr. Master Fleet Technician Mechanical-Electrical Technician Meter Maintenance Technician Motor/Pump Technician Neighborhood Improvement Worker Park Ranger Parking Meter Technician Parts Expediter Pipelayer Senior Fleet Technician Senior Master Fleet Technician Street Maintenance Worker II Street Maintenance Worker III Traffic Maintenance Worker Traffic Maintenance Worker Sr. JOB BASE GRADE NUMBER HOURS LEVEL 584 80 B10 603 80 B03 340 80 B11 373 80 B12 554 80 B13 675 80 B12 700 80 B11 718 80 B06 756 80 B12 667 80 BOl 323 80 B02 192 80 B04 743 80 B08 722 80 B05 674 80 B11 762 80 B13 362 80 B03 363 80 B05 604 80 B03 608 80 B05 2007-2010 DELRAY BEACH/SEIU 116 JOB BASE GRADE TITLE NUMBER HOURS LEVEL Treatment Plant Operator "A" 618 80 B12 Treatment Plant Operator "A" -Reports/ 736 80 B13 Permits Specialist Treatment Plant Operator "A" -Trainer 630 80 B13 Treatment Plant Operator "B" 617 80 B10 Treatment Plant Operator "B" -Reports/ 750 80 B11 Permits Specialist Treatment Plant Operator "C" 616 80 B08 Treatment Plant Operator Trainee 546 80 B04 Tree Trimmer 318 80 B04 TV Truck Specialist 734 80 B07 Utility Mechanic 612 80 B09 Utility Mechanic Sr. 613 80 B11 Utility Building Maintenance Worker II 779 80 B07 Utility Service Worker "A" 492 80 B07 Utility Service Worker "B" 319 80 B06 Utility Service Worker "C" 493 80 B05 Water Meter Reader 348 80 B04 Well Maintenance Technician 776 80 B07 2007-2010 DELRAY BEACH/SEIU 117 MEMORANDUM OF UNDERSTANDING The City of Delray Beach, Florida and the Service Employees International Union/Florida Public Services Union (the parties) agree as follows: 1. Purpose of Agreement -Article 11, Section 3 of the collective bargaining agreement between the parties that was in effect until September 30, 2007 provided for lump sum bonuses to be paid to certain eligible employees who reached the maximum of their salary ranges. It is the intent of the parties to continue to provide for such bonuses during the interim period between October 1, 2007 and January 1, 2008. The parties have entered into this Memorandum of Understanding in order to provide for the lump sum bonuses during the interim period, on the terms listed below. 2. Lump Sum Bonus -Eligible employees who reached or were at the maximum amount of the salary range between October 1, 2007 and January 1, 2008 and who received only a portion of the recommended Performance Increase shall receive a lump sum bonus. (a) Amount of Bonus -- The amount of the bonus awarded shall be the amount of the performance evaluation recommended and not received. Example: Employee was recommended to receive a 3.5% performance increase, but only received a 2% increase. The employee will be entitled to a bonus of 1.5% of the base annual salary that he/she earned as of September 30, 2007. (b) Eligibility - In order to be eligible to receive the lump sum bonus, all of the following requirements must be met: 1. The employee must have had an average or above average performance evaluation. 2. The employee shall not have had any sustained discipline resulting in disciplinary suspension imposed upon them during the evaluation year and shall not have had any at-fault accidents in excess of the current deductible observed by the City. 3. Salary Adjustments -Employees on the payroll on January 1, 2008 shall receive a one-time salary adjustment of 2% of current base rate of pay effective the first full payroll period after January 1, 2008. 4. Voluntary Stand-by Program -Employees who voluntarily participate in the stand- by program shall receive an hourly rate supplement of $.65 for all hours worked by participating employees. 5. Labor Management Committee - Both parties agree to form a Labor Management Committee which will meet prior to March 31, 2008 to discuss the following four (4) issues: 1. Participation in the voluntary stand-by program for Water Treatment Plant Operators. 2. Fleet mechanics receiving additional compensation for participating in the voluntary stand-by program. 3. License/Certification pay for Journeymen Electricians. 4. Certification pay and promotional procedures for Water Treatment Plant Operators. 6. Effective Date of Agreement -This memorandum of understanding will become effective on the date that the successor collective bargaining agreement is ratified by both parties. Dated this day of 2008. Attest City Clerk Approved as to Form City Attorney City of Delray Beach, FL By: City Manager Service Employees International Union/ Florida Public Services Union By: SEIU President MEMORANDUM TO: Mayor and City Commissioners FROM: Bruce Koeser, Human Resources Director THROUGH: David T. Harden, City Manager DATE: February 14, 2008 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 CHANGE TO CITY'S GROUP BENEFITS BROKER ITEM BEFORE COMMISSION This item is before the Commission for approval to change the City's Group Benefits Broker from the Gehring Group to BMG/Gallagher Benefit Services. BACKGROUND We have met with Benefit Management Group (BMG), a division of Gallagher Benefit Services, to discuss the possibility of using BMG as the City's Broker of Record. After reviewing proposals submitted by our current broker, Gehring Group, and BMG/Gallagher, and comparing overall service capabilities, we have determined that BMG/Gallagher would better serve the needs of the City. They are a larger organization with a greater reserve of resources, and a bigger client base than Gehring. Additionally, their references have been excellent. The cost for BMG's service will be approximately $17,000.00/yr less than the Gehring Group's annual average commission ($107,000/yr average), and their resources are considerably greater. RECOMMENDATION Staff recommends using Benefits Management Services (BMG) as our Agent of Record for Group Benefits, effective April 1, 2008. Detailed Proposed Services for City of Delray Beach Standard Services Included in Standard Services Proposal Fee Structure Explanation $90,000 Consulting Fee Services included in the consulting fee Rate Negotiations for All Vendors Q Employee Contribution Modeling Q Benefit Analysis Q Benefit Modeling Q Benefits Budget Plan Q Creation of Strategic Plan for Benefits Q Attendance and Participation at all Benefit Committee Meetings Q Included with appropriate notice Attendance and Participation at Board Meetings as Required Q Included with appropriate notice Executive Interviews Q Notification of Rate Changes to COBRA Administrator Q Carrier Site Visits Q Excessive Travel expense may apply Carrier /Vendor Contractual Review Q Carrier /Vendor contractual language negotiations Q Electronic Employee Surveys (2 per year) Q Standard Benefit Benchmarking Q Problematic Claims Resolution Q Special Project Initial Discussion Q Initial discussion and evaluation of project included. Charges may apply rla a rl' n n n'art acnu ra P.P.fIC ERISA Clinical Appeals Q Included two reviews per year ~ ~ ~~~ ~~ Detailed Proposed Services for City of Delray Beach Standard Services Standard Services Included in Proposal Fee Structure Explanation Compliance Checklist Covered by Plan Consultant Q Review of SPDs and Plan Documents Q Development of 5500 Forms Q HIPAA Compliant Posting Tool Q Privacy Training Q Charges may apply for excessive travel or meeting schedule or present of legal counsel Security Training Q Charges may apply for excessive travel or meeting schedule or present of legal counsel Privacy Notice Review Q Review of Business Agreements Q HIPAA Policy Review Q Basic Compliance Questions Q HIPAA Privacy and Policy Statement and Policies Q Sample Model Notices (USERRA, HIPAA, FMLA, ERISA, Medicare D, etc) Q Recent and Proposed Regulations, Notices, and Search Engines Q Technical Bulletins and Compliance Information Q Medicare D Counsel by Plan Consultant Q Medicare D-Employee Communication Campaign Q 2 ~ ~~~ ~~ Detailed Proposed Services for City of Delray Beach Standard Services Standard Services Included in Proposal Fee Structure Explanation Articles for Company Newsletter Q Customized Logo for Benefits Program Q Layout and Artwork of Enrollment Materials Q Write Open Enrollment Materials (kit) Q Managing Printer (of choice) Deliverables Q Provide Black and White Photo Copied Materials Q Printing Cost is additional Include Annual Notices in Enrollment Materials Q Write and Develop Payroll Stuffers Q Write and Develop Informational Posters Q Color Posters Per Topic (limited to three per location per topic) Q Printing Cost is additional Transition of Care Management During Open Enrollment Q Development of Electronic Benefit Booklets Q Enrollment Presentations Q I-Enroller (electronic open enrollment) Q Additional cost applies Presentation of Enrollment Meetings Q We will be available to conduct up to 12 meetings for the city. Additional meetings will charge time and travel cost (to be agreed upon in advance) Train the Trainer for Open Enrollment Process Q Employer Benefits Website Q Collection of All Materials for Benefits Website Q Loading All Materials in Benefits Website Q 3 ~ ~~~ ~~ Detailed Proposed Services for City of Delray Beach Standard Services Standard Services Included in Proposal Fee Structure Explanation Disease Management Vendor RFP Q Medical RFP Q Dental RFP Q Disability Plans RFP Q Vision Plans RFP Q Spending Account RFP Q COBRA Administration Review and Vendor Recommendations Q Vendor Proposal Evaluations Q Provider Disruption Analysis for Possible New Networks Q Charges may apply for detailed physician disruption analysis by member PBM RFP Q Negotiating Provider Performance Guarantees Q Evaluate Provider Performance Achievements Q 4 ~ ~~~ ~~ Detailed Proposed Services for City of Delray Beach Standard Services Included in Standard Services Proposal Fee Structure Explanation Actuarial Quarterly Claims and Utilization Reviews Q Assume that data can be received from Carrier in claim files Annual Renewal Independent Underwriting Q Disease Management Program Review Q Monthly Experience Summary Reports Q Trend and Lag Studies Q Carrier Service Standards vs. Actual Reporting Q Quarterly Cost Projections for renewal Q Human Resources' access to BMG Online Client Community Q SmartBen Educator Q Hresource Q Educational Webinars Q Researching Contracted Vendors and Preferred Providers for Wellness Onsite Programs Q Wellness Program Organization Q Wellness Program Promotions (posters and fliers) Q Researching Contracted Vendors and Preferred Providers for Wellness Programs Available at the Members' Homes Q Health Fair Vendor Coordination and Scheduling Q 5 ~ ~~~ ~~ Detailed Proposed Services for City of Delray Beach Value Added Services Included in Value Added Services Proposal Fee Structure Explanation Additional Fees Apply Costs to be Determined Eligibility Audits ^ Additional Fees Apply PBM Audit ^ Additional Fees Apply Formulary Analysis ^ Additional Fees Apply Extensive /Custom Benchmarking ^ Additional Fees May Apply Medical Management Data Reporting Tool (Integrated Medical, Pharmacy, and Episode Predictive Modeling) ^ Charges apply dependent upon tool utilized. Examples includes D2 Financial Claim Audits ^ Additional Fees May Apply Disease and Claims Data Mining Tools ^ Additional Fees May Apply Pharm D Annual Consultative Services ^ Additional Fees May Apply Medical Director Consult ^ Additional Fees May Apply Writing SPD or Plan Documents ^ Additional Fees Apply Valuation of Medicare D Subsidy ^ Additional Fees Apply Multi-Media Enrollment CD ^ Additional Fees Apply I-Enroller (ongoing enrollment maintenance) ^ Additional Fees Apply Color or Premium Printing of Enrollment Materials ^ Additional Fees May Apply SmartBen -Enrollment Tool ^ Additional Fees Apply - to be determined SmartBen -Total Compensation Benefit Statements ^ Additional Fees Apply - to be determined SmartBen Educator ^ Additional Fees Apply - to be determined I,-,°~E F~~~~ stir ~ irr~ a ;rr ' ~,~r rri~, ^ F ..r~ ! ~gr~rn~iii ' -,; ~B'~ .'J~~ ~ -,,,, r; Integration of Wellness and Disease Management Programs ^ Costs may apply depending on systems /vendors used 6 ~ ~~~ ~~ c a C c a> L a> a> Q D ~ O O U v a' O a> O m X X X X X X X X ~ _ ~ cv a ~ ~ Q ~ ~ a> ~ c p 00 ~' O ,~ O O ~ O ~ ~ A ~ _ ~ U ~ ~ ~ N a> cOn -a> ~ ~ ~ ~_ _ ~ c ~ ~ N U O O N ~ C ~ ~ U N U ~ ~ ~ ~ ~ o m ~ O 0 O ~ o m ~ ~ a> . Y N X ~ O c ~ ~ ~ ~ ~ ~ N ~ O - o ~ N ~ ~ ~ a> ~' o c c E ~ ~ v i ~ °~ ~ N a _ , c y i ~ _ > ~"' N N fB ~ ~ O N U ~ ~ N N i cv N U ~ ~ O _ m Q ~ Q Q i -~ _ m ~ Q ~ U U - - ~ cn ~ ~ ~ ~ ~ ~ ~ o Y O -~ c g ~ cv cv ~ cn -~ O O m m O ~ Ur U U ~ ~ ~ ~ m U ~ m 'O N c c c c O U ~ U i O Q Q- `~ U C E Q fB fB ~ -_ N N ~ ~ ~ ~ fB ~ fB N ~ N ~ >, ~ ~ ~ ~ >, O N ~ O) ~ O O ~ ~ (B ~ ~ ~ - i ~ U ~ -_ C ~ ~ ~ ~ ~ ~ '~ N fB ~ U' O U' ~ U' fB O -'~ ~ U N _A ~ _A ~ ~ m U m° m C~ U Z ~ m U °O o 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 N N N N N N N N N 67 67 67 67 67 67 67 67 N N N N N N N N N c a c c N i N N Q 0 O ~' ~ O U v a> O a> 0 m X a> ~_ _o a> c a> ~ ~ ~ >, c U N a> ~ N _N ~ fa ~ i N ' ~ ~ ~ N A ~ N N C o ~ ~ ~ fa .~ ~ ~ N Q Q '~ C N fa N O ~ a> ~ ~ ~ ~ ~ ~., ~ ~ ~ ~ ~ ~ _ ~ ~ ~ > ~ ~ .o N ~ c ~ ~ O U fB ~ ~ ~ N C ~ N ~ ~ A C ~ ~ 'i ~ ~ L.L m o `~ ~ ~ ~ cn ~ ~ ~ °-~ o Q ~ ~ _ o -~ °> o c ~ ~ ~, O ~ U ~ ~ ~ ~~ ~ ~ a> a> cv cv ~ cv o ~ N ~ 0 ~ ~ ~ U ~ m m ~ m 0 0 0 0 0 N 0 N 0 N 0 N O N O N N N N N N N N N X 01 C cn N i .~ ~ N ~ ~ . ~ O ~ O ~ ~ U ~ N ~ ~ O >, U m ~O C -~ O ~ ~ i ,~ ~ -~ cn _ ~ N ~ ~ ~ o U ~ c N E ~ ~ ~ c O O cn o - ~ ~ °~ ~ ~ o ~ ~ a> cn a> ~ ~ -~ ~ -~ c E ~ ~ ~ ~O cn fa N ~ ~ c ~ O ~ C ~ cn ~ ~ ~ ~ 'i C O U ~ c O N i (~ :~ ~ c N ~ E ~ O c fB N C - ~ ~ O ~ ~ a> c ~ a> ~ ~ a> ~ ~ a> ~ ~ ~ o a> ~ a> ~ a> ~ a> ~ a> ~ w ~ ~ ~ ~ ~ c ~ ~ ~ ~ ~ ~ C~ C~ C~ C~ C~ p ~ ~ ~ ~ ~ ~ m m m m m ii 0 0 0 0 0 0 N N N N N N N ~!") ~!") ti 67 67 N N N N N N N N N N N N c a c 0 c a> L - a> a> Q D ~ o - ~~ o U v a' O a> 0 m X X X X X X X X X X X X X X X a ~ ~ c ~ 0 0 N iv o ~ - ~ ~ ~ ~-, ~ E ~ a ~ ~ ~ N ~ ~ ~ ~' U ~ o ~ _ c O _~ U C O ~ a> O ~ U ~ O N U i ~ ~ m o ~ ~> ¢ 0 U ~ ~ ~ ~ Q o > ~ ~ O _~ in -~ ~ Q ~ c ~ ~ O U N ~, E W ~ ~> Z ~ D 000 ~ ~ ~ ~ ~ ~ 0 0 0 0 0 N N N N N M M M M M M M M M M z S S C c C C f u Z f i c z c f C .c c c C > ~ 0 N N N 2 ~ >, o > ~ ~ ~ ~ ~ ~ O i 1 C ~ ~ O 0 ~ U U S "~ O s ~ ~ n ~ ~ U ~ N = >, 0 i ~ -~ 2 E a> l W ~ > o0 00 > 0 0 J N N > M M > M M a c C c r r .; J i C a C C N i - N N Q D ~ 0 ~_ ~ O U v O 0 m X X X X X X X X ~ .--. ~ N ~ ~ N U ~ ~ N O cn ~ j ~ C O ~ U ~ U o °~ U i i '~ O ~ ,O O ~ ~ >, ~ _ _ C N ~ ~ C ~ ~ ~ ~ .U ~ ' ~ p ` fa N _ ~' cB ~ U ~ Q ~ ~ ~ ~ Y N N ~ ~ U ~ N U ~ ~ c o ~ cn O >, a> cn - a> ~ iv U c ~ ~ ~ -~ i N E ~ ~ ~ ~ ~ o - ~ a> o ~ o ~ ~ >, ' ~ ~ O) ~ O) Y N ~ p U U E O ~--~ N > Q _~ U ~ Q N N p ~ N _ fa ~ Cn ~ C ~ >, p N U N Q 'O p ~ ~ N p ~ Q ~ N C ~ fB _ ~ _ fB U C ~ ~ ~ ~ N ~ C ~ C ~ ~ ~ ° o ~ c -~ ~ cn U C cn a> O U ~~ ~ U ~ o - o -~ ~~ U y N ~ C N ~ ~ N l ~ u U ~ u.l ~ ~ ~ :~ . N ~ cNi> ~ .~ ~ ~ ~ o ° c U ~ ~ U O (~ ~ ~ ' ~ ~ 0~ 0~ D ii U m m 0 0 0 0 0 0 °O 0 N 0 N 0 N 0 N 0 N 0 N o N O O N ~ ti ti ~ ~ M ~ M ~ M ~ M ~ M ~ M ~ c a c 0 c a> L - a> a> Q D ~ o - ~~ o U v a' O L L m X X X X X X X X C O U N ~O N N N C N fa .~ 0 0 N c 0 .N U _N 0 _U .~ a> iy N C O U c a> N (B C fa N N (B N _N 0 0 N X X X a> .~ a> c cv c O .N N ~ _N ~ D C O) O _o U _N ~ _ ~ ~ U N ~ 0 N ~ U i U 01 U ~ ~ (a ~ ~ ~ ~ a> = a> U N U O ~ ~ cn i (a N ~ N ~' i _ fa N Q ~ > Q O U C~ U ~ ~ ~ ~ 0 0 0 0 0 0 N N N ~ ~ ~ ~ ~ ~ c 0 .N N U _~ 0 a c N m (a _U N N .~ 0 0 N c a c 0 c a> L - a> a> Q D ~ o - ~~ o U v a' 0 L M~ W X X X X X w Q O c 0 U O C O O CV O M X N (a i ~O C .i O N X w Q N .~ O O CV O M .~ N .~ C (B N .~ U cv N N O O CV M X _U N >+ U ~~ L N .~ fa ~_ N U .~ N N X w Q N C N O O CV O M i O Q N N .~ U X W Q a c O ~_ LL 0 m H X X C O .N U N C (a N .~ N a> a (a 2 CV O O CV MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, PE, LEED AP Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: February 14, 2008 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 HISTORICAL MARKER ON SR AlA ITEM BEFORE COMMISSION This item is before the Commission to approve the placement of a historical marker on the east side of SR AlA at the intersection of Bay Street and SR AlA. BACKGROUND The attached letter from Dorothy Paterson, Archivist, Delray Beach Historical Society, dated 30 Jan 2008 is requesting approval to place a bronze marker on the east side of sidewalk at the intersection of SR AlA and Bay Street. The marker will contain the wording that can be found on the "proposed wording" attachment and will be made from bronze mounted on coral rock. RECOMMENDATION Staff recommends approval. January 30, 200$ Mr. David I-Iarden: Delray Beach pity Manager 100 NW First Avenue Delray Beach, Florida 33444 RE: IZ.equest to DSMC~ far beach, area historic marker Dear Mr. Harden: Thank you for considering the marker pertaining to Delray's Municipal Beach origins. Mr. Robert Neff of Delray Beach approached the Delray Beach Historical Society about donating funds to place a marker on the beach property directly east of the intersection of South ®cean Boulevard and Bay Street. Mr, Neff was an officer in the [7nited States Navy during World War II, Fie is in. charge of a family foundation with a mission of placing historic markers. The Neff family spent vacations for approximately 30 years at Sea Fields, which is across the street from the proposed marker location. I have discussed with Mr. Neff the DSMG's decisions regarding the marker. IIe is willing to place the type of marker preferred by the city, which is a 199 word bronze plaque mounted on coral rockrn the grass area immediately east of the sidewalk that will be similar to the existing marker just north of Atlantic Avenue on AIA. (I photographed the marker and sent a copy to Mr. Neff.) Tirrj Simmons of Parks & Recreation gave me a couple of leads for obtaining the coral rock and a company to make the bronze plaque, mount it on the rock, and install it. I have requested and received cost estimates. In response to the suggestion for simplification of language, i have studied the text and have made changes shown in red on the attached copy. please consider this letter a formal request for placement of a marker with the wording submitted to the DSMG or the simplified version enclosed.. Sincerely, Dorothy Patterson Archivist, Delray Beach Historical Society 3 NE First Street ~ Delray Beach, Florida 33444 ~ phone 561,243.2577 (fix 561.243.6884 dbhsCC~bellsauth.r~et ~ www.delraybeachhistoricalsociery.org Sara Gleason., Belle G. Dimick Reese and Ella M. Dimick Potter dedicated this beach to the public in 1899. In 1895 Sarah Gleason and her husband's business partner, W.H. Hunt, sold a parcel. of land containing the beach area to William S. Linton for about $10.00 an acre except for a small portion then occupied by the Orange Grove House of Refuge {see marker north of Atlantic Avenue). A mortgage from William Linton, U.S. Congressman from Michigan wl~o was promoting a town here called Linton, secured $3,000 ofthe purchase price. At the end of 1895, Civil engineer E. Burslem Thomson drew a plat describing the Town of Linton. The plat filed by Williarra Linton and the Model Land Company during 1896 contained the first dedication for public use of what is now this mile-long municipal beach. When William Linton defaulted, the mortgage was foreclosed, half to Sara Gleason and half to the heirs of W.H. Hunt, his granddaughters Belle Reese and Ella Potter. These three women filed a replat dedicating the area east of the acear~ beach lots and "Ocean Road" to the public in 1899. Delray Seach Historical Society and the Robert Neff Family 198 words Version with reduced word count submitted for DSMG meeting. ~~ U O J C~ U .L O =a a° ~= ~ M r' Y° _ OHO ~~ ~- oLL .~ a. 0 0 N r N MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: February 14, 2008 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 APPOINTMENTS TO THE BOARD OF ADJUSTMENT ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Board of Adjustment. BACKGROUND At the direction of the City Commission, by virtue of Ordinance No. 47-07, the Board of Construction Appeals and the Board of Adjustment have been combined. The Board of Construction Appeals was disbanded and their duties added to the Board of Adjustment. Regular member Mr. Sigurdur Hardester, alternate member Mr. Bernard Federgreen and alternate member Mr. Jess Sowards have served unexpired terms, are eligible and would like to be considered for reappointment. Ms. Lisa Shaheen has served one (1) full term and would not like to be considered for reappointment. Thus, there is a need to appoint two (2) regular members to serve a two (2) year term ending August 31, 2009. Mr. Federgreen and Mr. Sowards would like to be considered as regular members. The Board of Adjustment shall consist of five (5) regular members. In addition, there shall be two (2) alternate members. To qualify for appointment, a person shall be either a resident of or own property in the City, and/or own a business within the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made as follows: Expiration Date Commissioner/Mayor to Appoint August 31, 2009 (two year term-regular member) Commissioner Montague (Seat #4) August 31, 2009 (two year term-regular member) Commissioner Mayor Ellis (Seat #5) August 31, 2009 (two year term-alternate member) Commissioner Eliopoulos (Seat #1) August 31, 2009 (two year term-alternate member) Commissioner McDuffie (Seat #3) RECOMMENDATION Recommend appointment of two (2) regular member and (2) alternate members to the Board of Adjustment to serve two (2) year terms ending August 31, 2009. BOARD OF ADJUSTMENT EXHIBIT "A" Bernard Federgreen Incumbent Sigurdur Hardester Incumbent James Houck (was a regular member on the Board of Construction Appeals) Patricia Neyra (was a regular member on the Board of Construction Appeals) Jess Sowards Incumbent 02/ 08 BOARD OF ADJUSTMENT TERM EXPIRES REGULAR MEMBERS OCCUPATION 08 /31 /2007 Sigurdur Hardester Manager Appt 10/05/04 tmexp alt Re-appt 08/16/05 alt Re-a t 02/06/07 tm re 08 /31 /2008 Mel Pollack, Qiair Director-Security Alt Appt 08/19/03 Reg appt 01 /06/04 Unexp Reappt 08/03/04 Re t 08/15/06 08 /31 /2008 Clifton NTiller Retired G eneral Unexp Appt 10/05/04 alt Contractor Unexp Appt 04/05/05 reg Reappt 08/31/06 08 /31 /2008 Harvey Stariry Vice Qiair Realtor Alt appt 01/13/04 RegAppt 08/03/04 Reappt 08/31/06 08 /31 /2009 Lisa Shaheen Marketing/Public Unexp Appt 03/01 /05 Relations Re-appt 08/16/05 ALTERNATES 08 /31 /2007 Semard Federgreen Director of Unexp Appt 02/20/07 Ol7erat10nS 08 /31 /2007 Jess Sowards Architect Unexp Appt 05/01/07 Contact: Venice Cobb x-7056 Send Agenda to: Al Berg, Brian Shutt & Donna Quinlan Fax final Board Order to Chair Person for signature Copy of approved minutes to Donna Quinlan & Al Berg. S/City Clerk/Board 08/Board of Adjustment MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: February 12, 2008 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 APPOINTMENT TO THE CIVIL SERVICE BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Civil Service Board. BACKGROUND At the City Commission meeting of December 4, 2007, Ms. Diane Franco was appointed to the Downtown Development Authority. This creates a vacancy for an alternate member to serve an unexpired term ending July 1, 2008. According to the Civil Service Act, there are to be five (5) regular members on the Civil Service Board; three (3) of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise and appointed by the City Commission. Eligible City employees elect two (2) regular members. In addition, there are two (2) alternate members. The appointee need not be a resident, property owner or business owner within the City. The following individuals have submitted applications and would like to be considered for appointment: Name Background Elaine Calabrese Retired-Principal Clerk/Typist Sidney Grossman Retired-Civil Service Employees Association/Law Enforcement (currently serving on the Public Employees Relations Commission) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1) for one (1) alternate member to serve an unexpired term ending July 1, 2008. RECOMMENDATION Recommend appointment of one (1) alternate member to the Civil Service Board to serve an unexpired term ending July 1, 2008. CIVIL SERVICE BOARD 02/08 TERM EXPIRES REGULAR MEMBERS CURRENT OCCUPATION 07/01/2008 Unexp Appt 06/21 /05 Reappt 06/20/06 Emil Dobarc~ Chief Examiner Educator 04/30/2008 Executive Elected 04/26/07 ASS1Stant/Agenda Lanelda Gaskins, Vice rson Coordinator 07/01/2008 Appt 06/08/04 Reappt 06/20/06 Knstln C1111StenSen Vice President-Sales 04/30/2008 Elected 04/27/05 Re-elected 04/26/06 Re-elected o4/z6/m Jennifer Reynolds, QZairperson Network Engineer 04/01 /2009 Unexp Appt 10/25/05 alt Reappt 07/11/06 alt Appt 03/20/07 reg Eric Lockman Attorne ALTERNATES 07/01/2008 Vacant 04/30/2008 Elected 04/26/06 reg Re-elected 04/26/07 alt Parking Management Scott Aronson S ialist Contact: Venice Cobb 243-7056 S/City Clerk/Board 07/Civil Service MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: February 12, 2008 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 APPOINTMENT TO THE KIDS AND COPS COMMITTEE ITEM BEFORE COMMISSION This item is before Commission for appointment to the Kids & Cops Committee. BACKGROUND Due to the recent Ordinance change, three (3) At Large Representatives for the Kids and Cops Committee are required. Currently, there are two At Large Representatives serving on the Committee. An additional representative is needed to serve a partial term ending on November 30, 2009. The Kids and Cops Committee was established as an advisory board to the City Commission in May, 1994 with the adoption of Ordinance No. 20-94. Its primary goal is to strengthen the relationship between the local youth of our community and members of the Delray Beach Police Department through various programs and activities. It is composed of representatives from the City's Police and Parks and Recreation Departments, as well as, representatives from the Delray Beach public schools. Over the years, membership has evolved to include "At-Large Representatives" which has provided the opportunity for interested residents to participate in the program. The City Commission directly appoints members to fill the "Citizen at Large" and "At-Large Representative" categories. The other appointments are made by the various groups involved and presented to the Commission for ratification. The following individuals have submitted applications and would like to be considered for appointment: Ellen Major-Hanna Kathy Shackman Phyllis Willingham (also applying for the Neighborhood Advisory Council) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner McDuffie (Seat #3) for one (1) At Large Representative to serve a partial term ending on November 30, 2009. RECOMMENDATION Recommend appointment of one (1) At Large Representative to serve a partial term ending on November 30, 2009. 12/07 KIDS AND COPS TERM REGULAR MEMBERS ORGANIZATION EXPIRES REPRESENTED Vacant Atlantic High 11 /30 /2009 William J. Fay, Jr. (Principal) Banyan Creek Ratified 02/07/06 Reappt 11/07/07 Ratified 12/11/07 11 /30 /2009 Yvonne Odom Carver Middle Ratified 02/07/06 PBC SC11001 District Reappt 11/07/07 Ratified 12/11/07 11 /30 /2009 Cheryl McKeever Crosspointe E lementary Unexp Appt 09/06/06 Ratified 11/17/06 Reappt 11/07/07 Ratified 12/11/07 11 /30 /2009 Paul DeDomenico Village Academy Reappt 11/07/07 Ratified 12/11/07 11 /30 /2009 Vacant Pine Grove E lementary 11 /30 /2009 Shirley Santiago Plumosa E lementary Unexp Appt 09/06/06 Ratified 1 /2/07 Reappt 11/7/07 Ratified 12/11/07 11 /30 /2009 Maxx Berm S.D. Spady E lementary Unexp Appt 09/06/06 Ratified 11/17/06 Reappt 11/07/07 Ratified 12/11/07 11 /30 /2009 Cory Cassidy Citizen at Large Ratified 02/07/06 Representative Reappt 12/11/07 11 /30 /2009 Danielle Beardsley Parks and Recreation Ratified 02/07/06 Reappt 11/07/07 Ratified 12/11/07 11 /30 /2009 Jeffrey Messer, Chair Police Departrrlent Orig Appt 1997 Ratified 02/07/06 Reappt 11/07/07 Ratified 12/11/07 11 /30 /2009 Edward Smith Police Departrrlent Ratified 02/07/06 Reappt 11/07/07 Ratified 11/11/07 11/30/2009 Jennifer Buce, Vice Chair At Large Representative OrgAppt 04/97 Reappt 02/07/06 Re t 12/11/07 11 /30 /2009 Francis Moschette At Large Representative Reappt 02/07/06 Reappt 12/11/07 11 /30 /09 Vacant At Large Representative MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: February 12, 2008 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Neighborhood Advisory Council. BACKGROUND Regular member, Ms. L'Tanya Allen (Zone 5), submitted her resignation from the Neighborhood Advisory Council effective January 22, 2008. The resignation letter is attached for your review. This creates a vacancy for a regular member to serve an unexpired term ending October 31, 2008. The Neighborhood Advisory Council was established for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. A map of the appointment zones is included for your review. The following individuals have submitted applications and would like to be considered for appointment. (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Montague (Seat #4) for one (1) regular member from Zone 5 to serve an unexpired term ending October 31, 2008. RECOMMENDATION Recommend appointment of one (1) regular member from Zone 5 to serve an unexpired term ending October 31, 2008. 12/07 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS 10/31/10 Zone 1 Gaston Joseph, Vice Chair Unexp Apppt 08/21 /07 Re t 10/16/07 10/31/10 Zone 2 Jennifer Witt Appt 10/16/07 10 /31 /10 Zone 3 Linda Leib Unexp Appt 10/17/06 Re t 10/16/07 10 /31 /10 Zone 4 Harold Van Arnem Appt 10/16/07 10 /31 /08 Zone 5 Vacant 10 /31 /08 Zone 6 Linda Prior Unexp Appt 02/20/07 10/31 /08 Zone 1 Ria Santos Unexp Appt 12/11 /07 10/31/08 Zone 2 Bonnie Raycroft Amt 11/15/05 10/31 /09 Zone 3 Shirl Fields Appt 10/17/06 10 /31 /09 Zone 4 Claudia Flores Appt 10/17/06 10/31 /09 Zone 5 Matthew Hartley Appt 10/17/06 10/31 /09 Zone 6 Joseph Kamarata, Chair Appt 10/17/06 10 /31 /10 At Large Pamela Williairs Unexp Appt 03/21 /06 Representative Re t 11/06/07 10 /31 /08 At Large Patricia Westall Unexp Appt 04/19/05 Representative Re t 10/25/05 10 /31 /09 At Large Charles Stravino Amt 11/04/03 Representative Re t 10/17/06 10 /31 /08 Vacant Student 10 /31 /08 Vacant Student S/City Clerk/Board 08 /Neighborhood Advisory Cotmcil NEIGHBORHOOD ADVISORY COUNCIL EXHIBIT "A" Applicant Zone 5 Evelyn Dobson Pearl Markfield Elrod Gail-Lee McDermott Samuel Resnick Phyllis Willingham Subdivision Town of Delray Town of Delray Osceola Park Pines of Delray Rosemont Park CITY OF DELRAY BEACH, FLORIDA IVeigh,borhood Advisory Council -Appointment Zones ...~ ~~ CITY CtF DFZRAY 8EAC1{ FL ALADO~IAYG 6 ZONYNG DEPAATMIBIVI' MARCH 2006 „- _, . ~ ONE MILE ~ CRY LIMB •~~~~~~~~~~~~ -•OIGR'ALBA9EliMPSYSTAf-- GRAPHlC SCALE --- --- # -AREA IV[AMBER Page 1 of 1 Cobb, Venice From: Meeks, Janet SenE: Wednesday, January 23, 2008 8:32 AM To; Cobb, Venice Subject: FW: Regretfully... Please see note below from t_'Tanya From: Allen, LTanya J. [rnailto:AllenU@pbso.arg] Sent: Tuesday, January 2Z, X008 11:30 AM To: Meeks, 7anet Cc: Butker, Lula Subject: tegretfully... ...I must resign my seat on the Neighborhood Advisory Council. My work hours have changed and !don't get off until 6:30 pm. I have enjoyed being a part of a city `func#ion' and will miss our meetings. I will continue to `monitor` the `goings-on' of Delray and am grateful to have met and interacted with all of you. ~.~.~,~, ~~ ~ ~~ Palm beach County Sheriff's office Human ftesaurces Hivision 561.688.4394 561.688.3559 fax *** e5afe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 1 l~l'1 1.1 Il l1l1 MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: January 24, 2008 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 RESOLUTION N0.03-08/CRA/TRIPARTY INTERLOCAL AGREEMENT ITEM BEFORE COMMISSION Our office seeks approval of the above-referenced agreement which would allow the transfer/sale of Lots 14, 15, 16, 17, and 18 of Block 101 to the CRA to facilitate the ultimate transfer by the CRA of the entire Old Library Site to the Developer selected by the CRA for development of the entire site. BACKGROUND The City and the CRA have jointly promoted and sought the redevelopment of the property known as the Old Library Site. The Delray Beach Community Redevelopment Agency ("CRA") issued a Request for Proposals ("RFP") for the redevelopment of the property known as the Old Library Site. The City of Delray Beach ("CITY") owns several parcels of land located within the Old Library Site (the "City Parcels"). The Greater Delray Beach Chamber of Commerce ("CHAMBER") currently leases a building located on one of the City Parcels included in the Old Library Site. The City and the CRA previously entered into a Tripartite and Interlocal Agreement dated July 1, 2003, in which the parties acknowledged the CRA's intention to develop the Old Library Site as part of the CRA's redevelopment efforts. In order to facilitate the development of the Old Library Site, the CITY and the CRA are desirous of entering into this Agreement in order to provide for the conveyance of the City Parcels to the CRA for the purposes of the CRA conveying the City Parcels to a Developer. The CRA intends to enter into an Agreement with the Development Group, for the development of the Old Library Site and the City Parcels, with the intention of constructing a Hotel as well as office retail, commercial, residential, and public parking areas. In conjunction with the development of the Old Library Site, pursuant to the agreement between the CRA and the Developer, the Developer will construct public parking on the Old Library Site that will serve to replace the public parking that will be eliminated on the Property. As part of the redevelopment of the Old Library Site, the Developer has elected to relocate the Chamber to the City owned Old School Square Parking Garage retail space pursuant to an agreement entitled the Chamber Relocation and Public Parking Space Agreement ("Chamber Relocation Agreement"). In accordance with the terms set forth herein, the City shall convey the City Parcels to the CRA and as a result, the City shall assign to the CRA, and the CRA shall assume the existing Chamber Lease, until such time as the CRA conveys the City Parcels to the Developer, at which time the Developer shall assume the Chamber Lease. Pursuant to the previous Interlocal and Tripartite Agreement between the City, the CRA, and the Delray Beach Public Library, as amended, the CRA is entitled to retain $1,700,000.00 realized upon the sale of the Old Library Property to the Developer, and the City is entitled to receive all funds above the net sum of $1,700,000.00. In addition, on September 20, 2007, the CRA agreed to pay to the City at closing the sum of $315,450.00 which represents the difference between the total of the City's costs of constructing the relocation space plus the Developer's cost of building out the interior (both of which are to be paid by the Developer), and the market value of the relocation space as determined in the appraisal completed by Anderson & Carr, Inc. dated July 18, 2007. In further consideration, the CRA shall pay the City's share of the common area maintenance and other costs attributable to the public parking facility at the Old Library Site which the City is obligated to pay pursuant to the Parking Facility Easement Agreement, which is referenced in the Chamber Agreement and which will be worked out between the parties prior to closing. RECOMMENDATION The City Attorney's office recommends approval of this agreement and adoption of the attached resolution. II ' .•; ;rR. i3~. ~ ~~ L ~~vS ~ ~u:S~ ~a.~•~.6..:..~ ;3L.3 ~z =.=~~'r.-v-~r: .:a~rus:~4_ . ,~:. '=~ RESOLUTION NO. 03-08 A RESOLUTION OF "I-HE CITY CONIMISSIOIV OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING -fHE CITY SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, LOCATED BEHIND THE OLD LIBRARY, AS DESCRIBED HEREIN, HEREBY INCORPORAI"ING AND ACCEPTING "fHE CON"TRACT STA-I"ING THE TERMS AND CONDI~"IONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. WHI=REAS, the City of Delray Beach, Florida, wishes to sell certain property located behind the old library and which is legally described below; and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to sell to the CRA, as Buyer, for which the City will receive all proceeds in excess of 1.7 rreillion dollars received by 'the CRA for the transfers of the property described herein as well as additional lands previously transferred by the City pursuant to the Interlocal Agreement dated July 1, 2003, as amended and the CRA in further consideration agrees to pay maintenance and costs related to a public parking facility agreement for public parking to be located at the old library site. The property being transferred at this time is more particularly described as follows: (Legal and Exhibit "A") Section 2. "that the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated herein as Exhibit "B". PASSED AND ADOPTED in regular session on the day of ATTEST: 2008. MAYOR City Clerk EXHIBI'T' "A" PARCEL 3 (Ci Parking f,ot~: Lots 14, 15 and 16, Block 101 of TOWN OF LINTON (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. t Property Control No. 12-43-46-17-01-101-0140 PARCEL 4 (City Parking Loth: Lot 17, LESS South 52 feet, Block 101 of 'T'OWN OF LINTON (now Delray Beach), accordin tg o the Plat thereof as recorded in Plat Book 1, Pa e 3 of the Public Records of Palm Beach County, Florida. Property Control No. 12-43-46-16-01-101-0171 PARCEL 5 (Chamber of Commerce): South 52 feet of Lot 17 and Lot 18 LESS East 10 feet Road Right of Way, Block 101 of TOWN OF LINTON (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Pale 3 of the Public Records of Palm Beach County, Florida. Property Control No. 12-43-46-16-01-101-0172 ExxzBZT "B" REVISED 01/23/08 TRIPARTY INTERLOCAL AGREEMENT FOR THE CONVEYANCE OF REAL PROPERTY RELATIVE TO THE OLD LIBRARY SITE This Tri-Party and Interlocal Agreement for the Conveyance of Real Property located within the Old Library Site (the "Agreement") is made and entered into this day of 2008, by and between the City of Delray Beach, a Florida municipal corporation, (the "CITY"), the Delray Beach Community Redevelopment Agency, a body corporate and politic, created pursuant to Chapter 1G3, Florida Statutes, (the "CRA"), and the Greater Delray Beach Chamber of Commerce, Inc., a Florida non-profet corporation (the "CHAMBER"). WITNESSETH: WHEREAS, the CITY and the CRA have jointly promoted and sought the redevelopment of the property known as the Old Library Site; and WHEREAS, the Delray Beach Community Redevelopment Agency ("CRA") issued a Request for Proposals {"RFP") for the redevelopment of the property known as the Old Library Site; and WHEREAS, the City of Delray Beach ("CITY") owns several parcels of land located within the Oid Library Site {the "City Parcels"}; and WHEREAS, the Greater Delray Beach Chamber of Commerce ("CHAMBER") currently leases a building located on one of the City Parcels included in the Old Library Site; and WHEREAS, the CITY and the CRA previously entered unto a Tripartite and Interlocal Agreement dated July 1, 2003, in which the parties acknowledged the CRA's intention to develop the Old Library Site as part of the CRA's redevelopment efforts; and WHEREAS, in order to facilitate the development of the Old Library Site, the CITY and the CRA are desirous of entering into this Agreement in order to provide for the conveyance of the City Parcels to the CRA for the purposes of conveying the City Parcels to a Developer for the development of a hotel facility on the Old Library Site including the City Parcels; and WHEREAS, the CRA intends to enter into an Agreement with the Development Group, for the development of the Old Library Site and the City Parcels, with the intention of constructing a Hotel as well as office retail, commercial, residential, and public parking azeas; and WHEREAS, in conjunction with the development of the Old Library Site, pursuant to the agreement between the CRA and the Developer, the Developer will construct public parking on the Old Library Site that will serve to replace the public parking that will be eliminated on the Property; and WHEREAS, as part of the redevelopment of the Old Library Site, the Developer has elected to relocate the Chamber to the City owned Old School Square Parking Garage retail space pursuant to an agreement entitled the Chamber Relocation and Public Parking Space Agreement ("Chamber ReIocatian Agreement"); and WHEREAS, in accordance with the terms set forth herein, the City shall convey the City Parcels to the CRA and as a result, the City shall assign to the CRA, and the CRA shall assume the existing Chamber Lease, until such time as the CRA conveys the City Parcels to the Developer, at which time the Developer shall assume the Chamber Lease; and WHEREAS, pursuant to the Interlocal and Tripartite Agreement between the City, the CRA, and the Delray Beach Public Library, as amended, the CRA is entitled to retain $1,704,000 2 realized upon the sale of the Old Library Property to the Developer, and the City is entitled to receive all funds above the net sum of $1,700,000; and WHEREAS, on September 20, 2007 the CR.A agreed to pay to the City at closing the sum of $315,450.00 which represents the difference between the total of the City's costs of constructing the relocation space plus the Developer's cost of building out the interior (both of which are to be paid by the Developer), and the market value of the relocation space as determined in the appraisal completed by Anderson & Carr, Inc. dated July 18, 2007; and WHEREAS, in further consideration, the CRA shall pay the City's share of the common area maintenance and other costs attributable to the public parking facility at the Old Library Site which the City is obligated to pay pursuant to the Parking Facility Easement Agreement, which is referenced in the Chamber Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. T'he above recitals are hereby incorporated as if fully set forth herein and they shall survive closing, together with any other term, condition, restriction, or covenant contained in this Agreement which is intended to be performed after Closing. 2. DEFINITIONS. The following terms when used in this Agreement for Conveyance shall have the following meanings: 2.1 City Parcels. That certain real property located in Palm Beach County, Florida and more particularly described in Exhibit "A", attached hereto and made a part hereof. 2.2 Closing. The delivery of a Special Warranty Deed to CRA, that is consistent with the terms of this Agreement. A copy of the Special Warranty Deed is attached hereto as Exhibit °B", and is incorporated herein by reference. 3 2.3 Closing Date. The date upon which the closing occurs. The Closing Date shall be no later than thirty (30) days subsequent to the date on which the City executes this Agreement. 2.4 Deed. A Special Warranty Deed, which shall convey the City Parcels from CITY to CRA. 2.5 Developer. Old Library Development, LLC, a Florida a Florida limited liability company, as permitted Assignee of the successful proposer under the RFP. 2.6 Purchase and Sale Agreement. That certain Purchase and Sale Agreement entered into between the CRA and the Developer for the development of the City Parcels and the Old Library Site. 2.7 Request for Proposal. That Request for Proposal ("RFP") of the Old Library Site dated February 1, 2005 and amended on April 13, 2006, presented by Developer to the CRA and approved by the CRA on October 12, 2006 and by the CITY on October 10, 2006. 2.8 CRA's Address. The Delray Beach Community Redevelopment Agency's address is 20 North Swinton Avenue, Delray Beach, Florida 33444, with copy to Donald J. Doody, Esquire, of GOREN, CHEROF, DOODY AND EZROL, P.A. at 3099 East Commercial Boulevard, Suite 200, Fort Lauderdale, Florida 33308. 2.9 CITY's Address. The City of Delray Beach's address is 100 N.W. 1S` Avenue, Delray Beach, Florida 33444, with copy to Susan Ruby, City Attorney, 200 N.W. 15t Avenue, Delray Beach, Florida 33444. 2.10 CHAMBER'S Address: The Greater Delray Beach Chamber of Commerce's address is 54 S.E. 5~' Avenue, Delray Beach, Florida 33444. 4 2.11 Other Definitions. The terms defined in any part of this Agreement shall have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend either or both of the other genders. As used in this Agreement, the terms "herein", "hereof' and the like refer to this Agreement in its entirety and not to any specific section or subsection. 3. CONVEYANCE OF CITY PARCELS. 3.1. Subject to the provisions of this Agreement, the CITY hereby agrees to convey to the CRA, and CRA hereby agrees to accept from CITY, the City Parcels previously identified in Exhibit "A" in return for the mutually agreed upon consideration, and upon and subject to the terms and conditions set forth herein. 3.2. On the Closing Date, the CITY shall convey to the CRA by Deed, fee simple title to the City Parcels identified in Exhibit "A", in its then "as is" condition. However, notwithstanding the conveyance of the property in "as is" condition, the title of the property conveyed by the City to the CRA shall be marketable and be free and clear of all liens, claims, interests and possible liens claims, interests or encumbrances of whatsoever kind, type, nature, description or characterization that exist as a matter of record. Prior to Closing, CRA shall have the right to examine title at its sale cost and expense. In the event there is a defect in title, CRA shall either accept title "as is" and close, or the CRA may cancel this Agreement no later than the Closing. 3.3. On the Closing Date, the CITY shall assign the existing Lease with the CHAMBER to the CRA, as provided herein, and the CRA shall assume the Lease with the CHAMBER upon assignment by the CITY. Upan the assignment of the Lease to the CRA, the 5 CHAMBER shall execute an estoppel certificate indicating that on the date of the assignment of the Lease to the CRA that the CITY is in compliance with all terms and conditions of the Lease. A similar estoppel letter shall be provided by the CHAMBER at such time as the Lease is re- assigned to the CITY following the relocation of the CHAMBER to the Old School Square Public Parking Garage. 3.4. In addition to the mutual promises and covenants contained herein, and in consideration of the conveyance of the City Parcels identified in Exhibit "A" to the CRA, pursuant to the Purchase and Sale Agreement, the Developer is required to construct public pazking spaces on the 41d Library Site. In accordance with the terms of an Agreement to be known as the Parking Facility Easement Agreement to be entered into between the City and the Development subsequent to the execution of this Agreement, the CRA shall reimburse the City for costs associated with common area maintenance and other related costs. 3.5. The conveyance includes: 3.5.1 All buildings and improvements located on the City Parcels; 3.5.2 All right-of--ways, alleys, waters, privileges, easements and appurtenances which are within the City Parcels, unless specifically excluded from the conveyance; 3.5.3 The conveyance also includes any right of CITY to any unpaid award to which CITY may be entitled: (1) due to taking by condemnation of any right, title or interest of CITY and (2) for any damage to the City Parcels due to change of grade of any street or highway. CITY will deliver to CRA at closing, or thereafter on demand, proper instruments for the conveyance of title and the assignment and collection of award and damages; 6 3.5.4 All fixtures and articles of personal property attached to or used in connection with the City Parcels, if any. CITY and CHAMBER represent that such fixtures and articles are paid for anal are owned by CITY or CHAMBER free and clear of any lien or encumbrance. CTI'Y and CHAiVIBER are to provide a list of Personal Property to CRA within ten {10} days following the effective date of the Agreement; and 3.5.5 To the extent transferable, all licenses, permits, contracts and leases, if applicable, with respect to the City Parcels, if any. 3.5.6 The conveyance shall be subject to a right of reverter in favor of the CITY in the event the CRA does not convey the property known as the Old Library Site to the Developer, pursuant to the Agreement for Purchase and Sale between the CRA and the Developer. In the event the CRA exercises its right of repurchase as provided for in the Purchase and Sale Agreement entered into between the CRA and the Developer, and receives fee simple title to the Property originally sold to the Developer, then in that event, the CRA will convey back to the CITY the Property described in Exhibit "A", subject only to the Permitted Exceptions other than the reverter and right of repurchase. In consideration of the CRA conveying the Property to the CITY, the CITY shall pay to the CRA at the time of conveyance the sum of money representing the sum of all monies the CITY received from the sale of Property to the Developer. CITY shall evidence the release of the right of reverter upon the closing of the transaction between the CRA and the Developer. 4. PERMITTED EXCEPTIONS: 7 4.1. The right of post closing occupancy by the CHAMBER upon the terms and conditions set forth in that certain Amended and Restated Lease dated- February 7, 1997, subject to the Consent to and Assignment of Lease to be executed by the CRA, CITY, CHAMBER, at closing. 4.2. The right of reverter and repurchase described in Section 3.5.6 of this Agreement. 4.3. The right of the CRA to re-assign the CHAMBER Iease to the CITY, and the acknowledgement from the CITY to accept the re-assignment in the event the CRA does not convey the property lrnown as the Old Library Site, pursuant to the Agreement for Purchase and Sale between the CRA and the Developer. 4.4. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of Town of Delray Beach, Florida (f,/k/a Linton), as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida. 4.5. Taxes for the year of the effective date of the policy and taxes and/or special assessments which are not shown as existing liens by the public records. 5. The CRA, its agents or representatives shall, have the reasonable right of access to the City Parcels for purposes of conducting such reasonable inspections and investigations of the City Parcels for the suitability and acceptability of the City Parcels for the CRA. In the event the results of such investigations and study shall render the City Parcels unacceptable in such party's full discretion, the CRA may cancel this Agreement by delivering written notice to the CITY within such time. The CRA, its agents, or representatives shall not be entitled to perform any work or cause any work to be done to the CITY's property which could result in a lien being 8 paid therefore, and the CRA agrees, to the extent permitted by law to indemnify and hold the CITY harmless for any and all work being so performed. 6. The CITY, CRA, and CHAMBER have the full power and authority to enter into this Agreement and to assume and perform its obligations hereunder. No action by any federal, state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the CITY in accordance with its terms. 7. CITY shall convey the City Parcels to the CRA at closing, by delivery of a Special Warranty Deed, a copy of which is attached hereto as Exhibit "B", and incorporated herein by reference. 8. The closing will take place at a mutually agreed time and place. In the absence of an agreement, the closing will take place in the offices of Goren, Cherof, Doody & Ezrol, P.A. located at 76 NE Fifth Avenue, Delray Beach, Florida 33483. 9. The CITY and CHAMBER shall maintain the City Parcels, as identified in Exhibit "A", which is the subject of this Agreement, in the same condition as the City Parcels exist on the date of this Agreement, ordinary wear and tear excepted. Each parry shall bear the risk of loss relative to their respective properties prior to closing, and CHAMBER shall maintain appropriate insurance to the extent of the full insurable value thereof. The CITY's and CHAMBER'S responsibility to maintain the City Parcels shall continue post-closing and until the CRA transfers title to the Developer. i 0. At closing, the CRA, CITY, and CHAMBER, shall enter into the Consent to and Assignment of the Amended and Restated Lease dated February 7, 1997 from the CITY to the CRA {"Assignment"}, for the property on which the CHAMBER is located. A copy of the 9 Consent to and Assignment of the Amended and Restated Lease dated February 7, 1997 from the CITY to the CRA, is attached hereto as Exhibit "C", and incorporated herein by reference. In conjunction with the Assignment, and in consideration of the relocation of the CHAMBER's business, as provided in the Purchase and Sale Agreement between the CRA and the Developer, the CITY and the CHAMBER will enter into an Amendment to the Amended and Restated Lease to provide for the termination of the existing lease at the CHAMBER's current business location, and the relocation of the CHAMBER to another property. This provision shall survive the closing of the conveyance of the City Parcels from the CITY to the CRA. 11. The CRA agrees that it shall not close the transaction with the Developer for the conveyance of the Old Lzbrary Site and the City Parcels unless all the conditions contained in the Agreement for Purchase and Sale with the Developer, and paragraph I3 as set forth in the Chamber Relocation Agreement, have been fully satisfied. 12. PARKING RIGHTS. Upon conveyance by the CITY to the CRA of the City Parcels, the CITY shall continue to have the right to use the City Parcels for public parking until the Closing, or such later date as provided in the Purchase and Sale Agreement. 13. COSTS. All expenses incurred which may include documentary stamps to be affixed to the deed and the recording of the deed shall be home by CRA, its successors and assigns. 14. NOTICE. All written notices shall be deemed effective if sent to the following places: CRA: Delray Beach Community Redevelopment Agency Diane Colonna, Executive Director 20 N. Swinton Avenue Delray Beach, FL 33444 10 With a Copy to: Donald J. Doody, Esq. Goren, Cherof, Doody and Ezrol, P.A. 3099 East Conunercial Boulevard, #200 Fort Lauderdale, Florida 33308 CITY: City of Delray Beach David T. Harden, City Manager 100 NW lst Avenue Delray Beach, FL 33444 With a Copy to: Susan Ruby, City Attorney 200 NW 15` Avenue Delray Beach, FL 33444 Steve Rubin, Esq. 980 N Federal Hwy Ste 434 Boca Raton Florida 334322712 CHAMBER: Greater Delray Beach Chamber of Commerce, Inc. Bill Wood, President 64 S.E. 5~' Avenue Delray Beach, FL 33444 15. EFFECTIVE DATE. This Agreement shall be deemed effective as of the last date that the document is executed by either all of the parties. 16. DEFAULT. 16.1 In the event the CITY fails to convey title to the CRA in accordance with the terms and provisions set forth herein, then in that event, the CRA may elect to terminate this Agreement or it may proceed to seek equitable relief, which shall include specific performance. 16.2 In the event the CRA fails to perform in accordance with the terms and provisions set forth herein, than in that event the CITY shall have the right to terminate this Agreement or proceed to pursue ail available remedies available to it pursuant to Florida law. 17. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida. 11 1 S. ENTIRE AGREEMENT. All prior understandings and agreements between the parties are merged in this Agreement. This Agreement completely expresses their full agreement. 19. ENFORCEABILITY. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal ar unenforceable, such illegality ar unenforceability shall not affect any other provision of this agreement. 20. NO MERGER. All warranties, representations, covenants, terms and conditions herein contained shall survive the delivery and recording of the deed for a period of nine months. 21. NO ORAL CHANGE. This Agreement may not be changed or amended orally. 22. SUCCESSORS. This Agreement shall apply to and bind the distributors, executors, administrators, successors and assigns of CRA, CITY, and CHAMBER. 23. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall be and shall be taken to be an original and all collectively deemed one instrument. 24. The parties hereto agree that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals 25. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient duantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 12 26. RECORDATION: Upon full execution of this Agreement, this Agreement (less attachments) shall be recorded in the public records of Palm Beach County, Florida. 27. POST CLOSING: It is the intent of the parties to this Agreement that the terms and provisions set forth herein shall survive the closing between the CITY and the CRA. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated below: ATTEST: Chevelle Nubin, CMC, City Clerk CITY OF DELRAY BEACH, FLORIDA By: ,Mayor Approved as to Form: City Attorney ATTEST: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Secretary ATTEST: Secretary By: Frank Wheat, Chair GREATER DELRAY BEACH CHAMBER OF COMMERCE, INC. By: William J. Wood, President 13 EXHIIBIT A Lego[ Description of the City Parcels PARCEL 3 Ci Parkin Lot Lots 14, I S and 16, Block 101 of TOWN OF LINTON (now Delray Beach}, according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. Property Control No. 12-43-46-17-01-101-0140 PARCEL 4 (City Parkizig Low: Lot 17, LESS South 52 feet, Block 101 of TOWN OF LINTON (now Delray Beach}, according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. Property Control No. I2-43-46-16-01-101-0171 PARCEL 5 Chamber of Commerce South 52 feet of Lot 17 and Lot I$ LESS East IO feet Road Right of Way, Block 101 of TOWN Oh LINTON (now Delray Beach}, according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. Property Control No. 12-43-46-i6-01-101-0172 14 EXHIBIT B Special Warranty Deed Form This Instrument Prepared by and Return to: Donald J. Doody, Esquire GOREN, CHEROF, DOODY & R7ROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 P1N:12-43-46-I7-O1-101-0140 12-43-46-16-01-101-0171 12-43-46-16-01-101-0172 SPECIAL WARRANTY DEED THIS INDENTURE, made this day of , 2008 by and between the City of Delray Beach, a Florida municipal corporation; hereinafter referred to as "Grantor" and the Delray Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S, whose post office address is 20 North Swinton Avenue, Delray Beach, Florida 33444, hereinafter referred to as "Grantee." WITNESSETH: That said Grantor, for and in consideration of the sum of TEN {$10.00) DOLLARS, and other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's successors and assigns forever, the following described Iand, situate, lying and being in PALM BEACH County, Florida, to wit: SEE ATTACHED EXHIBIT A SUBJECT T0: This conveyance is subject to a Right of Reverter in favor of the Grantor (City) in the event the Grantee (CRA) does not convey the property known as the Old Library Site to the Developer, pursuant to the Agreement for Purchase and Sale between the CRA and Developer SUBJECT TO: Zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easement of record; taxes for current yeaz and subsequent years. And the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under said Grantor but against none other. [SIGNATURE CLAUSE FOLLOWS] 15 written. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hands the day and yeaz first above Signed, sealed and delivered in our presence: (Print or Type Name) (Print or Type Name) STATE OF FLORIDA COUNTY OF PALM BEACH City of Delray Beach, a Florida municipal corporation sy: _ Title: The foregoing instrument was acknowledged before me this day of ~ 2008 by _ , as of the City of Delray Beach, a Florida municipal corporation, on behalf of the City, who is personally known to me or has produced a Florida driver's license as identification. NOTARY PUBLIC I6 EXHIB)<T C Consent and Assignment Form CONSENT TO AND ASSIGNMENT 01~ AMENDED AND RESTATED LEASE DATED FEBRUARY 7, 1997 THIS CONSENT AND ASSIGNMENT OF THE AMENDED AND RESTATED LEASE is made an this day of , 2007 by and between the City of Delray Beach, a Florida municipal corporation, hereinafter the "Assignor" and Delray Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 153.356, hereinafter the "Assignee." WITNESSETH: WHEREAS, on June 20, 1967, the City of Delray Beach (Assignor) entered into a Lease with the Greater Delray Beach Chamber of Commexce, Inc. (the "Lessee"} with respect to certain premises located at 64 SE 5~` Avenue, Delray Beach, Florida, as subsequently amended in January 23, 1968; July 9, 1968 and January 9, 1996 (the "Lease Agreement"). WHEREAS, on February 7, 1997, the City of Delray Beach {Assignor) and the Chamber of Commerce amended and restated the lease dated January 9, 1996 (the "Amended and Restated Lease Agreement"} to include additional property located at 76 SE S~' Avenue, Delray Beach, Florida, more particularly described in Exhibit A, attached hereto and made a part herein {the "Premises'. The term of the Amended and Restated Lease Agreement ends on January 31, 2060. WHEREAS, City of Delray Beach and the Delray Beach CRA previously entered into an Interlocal Agreement to acknowledge the Delray Beach CRA's intention to develop the Old Library site as part of the CRA's redevelopment efforts; WHEREAS, the Delray Beach CRA has entered into an Agreement with a DeveIaper for the development of the Old Library Site which includes the Premises owned by the City of Deh-ay; WHEREAS, the City of Delray Beach (Assignor) desires to assign its interest in the Amended and Restated Lease Agreement to the Delray Beach CRA (Assignee); and WHEREAS, the Chamber of Commerce (Lessee} does not have any objection to the assignment of the Amended and Restated Lease Agreemem to the Delray Beach CRA; THEREFORE, in consideration of the covenants, conditions and agreements contained in the above-referenced documents and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. That the foregoing recitals are true and correct and incorporated herein as if set forth in full. 2. The City of Delray Beach (Assignor) hereby grants, transfers and assigns unto the Delray Beach CRA (Assignee), its successors and assigns, any and all of the City's rights, title, interests, privileges and powers in, to, under and with respect to the Amended and Restated Lease Agreement. 3. The Assignee hereby undertakes the monthly rent payments due to the City of Delray as Landlord and any other obligations as acquired by and in accordance with the terms of the Lease 17 Agreement. 4. This Assignment shall be binding and inure to the benefit of the parties hereto and their respective successors and/or assigns. 5. In the event that the transaction contemplated in the Purchase Agreement by and between the Delray Beach CRA and the Old Library Development, LLC is not conc„rrtmated, the Delray Beach CRA shall assign back to the City and the City shall accept the assignment of the Amended and Restated Lease Agreement. 6. This Assignment may be separately executed by each of the parties hereto upon a separate copy in which event all such copies together Shall Constitute a single Counterpart of this Assignment. 7. This Assignment shall be governed and construed in all respects by the laws of the State of Florida. 1N WITNESS WHEREOF, the parties hereto have executed this Assignment of Lease Agreement on the date first written above. ASSi~101': CITY OF DELRAY BEACH By: Title: Assfgnee: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: _ Title: CONSENT BY: Lessee: GREATER DELRAY CHAMBER OF COMMERCE, INC. By:_ Title: Signed on H:120061060045108-01-23 interlocal Agreement -clean copy.doc 18 MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: February 13, 2008 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 PURCHASE AND SALE AGREEMENT BETWEEN THE CRA AND DEVELOPER ITEM BEFORE COMMISSION The City, as a third party beneficiary, needs to approve the Purchase and Sale Agreement Between the CRA and Developer. BACKGROUND Item l0A above is the Triparty Agreement wherein the City transfers lands to the CRA. This Item lOB is a Purchase and Sale Agreement between the CRA and the Developer. The City is the third party beneficiary. (The Chamber Relocation and Public Parking Agreement is Item lOC). This Purchase and Sale Agreement conveys all the old library lands from the CRA to the Developer for the development of retail and office space, a hotel and parking. The purchase price is $3,000,000.00. (The City receives all funds over $1.7 million per the Interlocal/Triparty Agreement referenced in l0A above). The closing date is no later than 30 calendar days after the permit date. The permit date is the date that all required permits are issued and any appeal periods have run. There is a termination date of 913 days from the effective date (the effective date is where the last person signs the Purchase and Sale Agreement). The Developer must file an application for site plan and conditional use on or before 180 days from the effective date. The Purchase and Sale Agreement provides for a right of repurchase which is subordinate to any acquisition, development and/or construction loan and mortgage on the property. The City however will have its irrevocable letter of credit to draw upon if the parking is not built. RECOMMENDATION Approval of Purchase and Sale Agreement between the CRA and Developer by the City as a Third Party Beneficiary. ^ ^ ^ I i • 9 1 ~.; •. .. f..._..~ .h 1 1 ^ I 1 1 1 ^ ^ PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (hereinafter the "Agreement") is made on this day of February, 2Q08 and entered into by and between the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a Florida public body corporate and politic created pursuant to Section 163.356 F.S (hereinafter the "SELLER") and the OLD LIBRARY DEVELOPMENT LLC, a Florida limited liability company, successor in interest of The Development Group (hereinafter the "PURCHASER"). In consideration of the mutual agreements and upon and subject to the terms and conditions herein contained, the parties hereto agree as follows: I. DEFINI__TIONS. The following terms when used in this Agreement shall have the following meanings: I.1 Appro_v_al Date means that date on which the last one ofthe Site Pian approval and conditional use approval, necessary for the development and construction of the Project, is issued to the PURCHASER by the applicable governmental authority and any appeal period (which shall run ifno appeal is filed within thirty (30) days) with respect to such issuance has expired or, if appealed, such issuance to the PURCHASER is conf rmed on appeal such that both the Site Plan approval and conditional use approval necessary far the development and construction of the Project are final and not appealable. 1.2 Chamber of Commerce means the Greater Delray Beach Chamber of Commerce, Inc., a Florida not-for-profit corporation. 1.3 C~ means the City of Delray Beach, a Florida municipal COrpOCatlan. 1.4 Closing means the consummation of the transaction contemplated by this Agreement. 1.5 Closing Date means that date which is thirty (3U) days from and after the Permit Date, or such earlier date, if any, as is specified by written notice furnished by the PURCHASER to SELLER provided that such notice shall be furnished, if at all, not fewer than ten (10} days prior to the earlier date selected by the PURCHASER. 1.6 Deed means the special warranty deed approved by the PURCHASER which shall convey the Property from SELLER to PURCHASER. 1.7 Development Group means a joint venture consisting of Coastal Design and Development Group, LLC, a Florida limited liability company, and Blackfriars Investment Limited. 1.8 Earnest _Money means the sum of Fifly Thousand and OO/100 ($50,000.00) Dollars, which sum shall be delivered from PURCHASER to Escrow Agent pursuant to Section 2.lof this Agreement. l .9 Effective Date means the date when the last one of the SELLER and PURCHASER executes this Agreement and delivers an unaltered counterpart hereof to the other party. 1.10 Escrow Agent means Garen, Cherof, Doody, & Ezrol, P.A. with offices at 3099 East Commercial Boulevard, Fort Lauderdale, Florida 33308; and 75 N.E. S'" Avenue, Delray Beach, Florida 33483. l.ll Hotel means a public lodging establishment with a minimum of sixty (60} guest roams to be rented to guests in transient occupancy, which establishment contains accessory retail and service establishments. The Hotel shall, at a minimum, have a central switchboard, provide daily roam cleaning service, provide in•room food service and, shall have a regularly staffed concierge service and/or porter service and valet parking. The Hotel structure shall provide elevator service to all hotel guest room floors above grade. The PURCHASER shall cause the Hotel to be constructed upon the Property in a manner not inconsistent with the requirements set forth in Section 18 of this Agreement. 1.12 Inaction Period means the period of ninety (90} calendar days which commences on the Effective Date. 1.13 Parking_Facilit~! means the parking facility to be constructed on the Property providing parking for the Project, which parking facility shall, at a minimum, provide sufficient parking to meet the City's requirements for the anticipated uses of the 2 Project and a minimum of ninety (90) additional parking spaces which shall be available to the public for public use within the Project. However, the City and PURCHASER may agree to an alternate site or may satisfy the minimum requirement in part or in whole by a payment to reduce the obligation of providing the required ninety (90) spaces. The City and the PURCHASER, no later than thirty {30} days after the Si#e Plan Approval, shall enter into a Parking Facility Easement Agreement ("PFEA") which shall provide, inter olio, for: (a} the operation and management of the parking facility by the PURCHASER or its affiliate and which contains commercially reasonable terms and provisions which shall address, among other things, the use and maintenance of those of the parking spaces made available to the public; (b) that the cost of maintaining, operating, and providing security with respect to the parking facility shall be shared by the City {or SELLER} and PURCHASER pro-rata based upon the proportion that the number of parking spaces made available to the public bears to the total number of parking spaces in the parking facility; and (c) the creation of an easement in favor of the City for the parking spaces made available to the public and for ingress and egress to the public parking spaces. 1. l4 Pcrmit Date means that date on which the last one of any and all required permits (including but not limited to demolition permits, site development permits, utility permits, mechanical, plumbing, electrical and such necessary permits, authorizations and approvals as are necessary to commence construction of the physical buildings within the Project} issued by all applicable governmental authorities in connection with the construction of the Project is issued to the PURCHASER and any appeal period with respect to such issuance has expired or, if appealed, such issuance to the PURCHASER is confirmed on appeal such that all such required permits are final and not appealable. i.15 Project means the comprehensive redevelopment pro}ect dated June 30, 2006 submitted by the Development Group (hereinafter the "RFP Submittal") in respanse to the Request for Praposai (hereinafter the "RFP") presented by the SELLER, as may be subsequently amended by mutual agreement of the SELLER and PURCHASER. 1t is understood and agreed that all of the rights of the Development Group in and to the RFP Submittal, of whatsoever kind, type, nature, description or characterixatian, have been 3 assigned, transferred and set over unto the PURCHASER. Notwithstanding the components detailed and specifically set out in the RFF Submittal, the Project shall at a minimum include the following components: a) a minimum of 15,000 Square feet of retail space, which may include up to 2,D00 square feet for the relocated offices of the Chamber of Commerce, either within the Project or off site; b) a minimum of 30,000 square feet of office space which shall include up to 7,000 square feet for the relocated offices of the Charriber of Commerce or a lesser amount of square footage if agreed to by the Chamber of Commerce, either within the Project or off site; c) The Hotel; d) areas incorporated into the Site Plan which are common areas with the public which constitute, in the aggregate, not fewer than 13,OD0 square feet and are subject to such restrictions as may be agreed upon by the parties which may include restrictions which relate to hours of public use, temporary closing and security, which terms shall be embodied in an agreement between PURCHASER and the SELLER (the "Plaza Agreement" which shall be entered into by the Permit Date); and e) the Parking Facility. 1.1 b P~Ope~ is a collective term which includes those certain parcels of real property situate, lying and being in Palm Beach County, Florida, more particularly described in EXHXBIIT A attached hereto and made a part hereof, together with all improvements thereon, together with all of the right, title and interest of the SELLER in and to any site plans, site plan approvals, development plans, specifications, engineering drawings, impact fee credits, if any, and all other related matters and things owned by the SELLER which relate to said Fraperty; it being the intent of the SELLER to sell, transfer, set over unto and convey to the PURCHASER all interests of the SELLER of whatsoever kind, type, nature, description or characterization in and to the Property, free and clear of all liens, claims, interests, and encumbrances ar possible liens, claims, interests, ar encumbrances of whatsoever kind, type, nature, description ar characterization, including, 4 without limitation, the fallowing, to-wit: a) All buildings and improvements located on the Propertyy; b) All right-of ways, alleys, privileges, easements and appurtenances which are on or benefit all the Property; c) All right, title and interest, if any, of SELLER in any property lying in the bed of any public or private street or highway, opened or proposed, in front any of the adjoining property to the center line thereof; d) To the extent transferable, all licenses, permits, approvals, and other governmental authorizations relating to the operation use or occupancy of the Property (including those all licenses, permits, approvals, and other governmental authorizations obtained by PURCHASER hereunder) and in effect as of the Closing Date and ail contracts and leases, if applicable, with respect to the Property. e) The conveyance also includes any right to any unpaid award relative to the Property to which the SELLER may be entitled: (1) due to taking by condemnation of any right, title or interest of the SELLER and, (2) far any damage to the Property due ro change of grade of any street or highway. SELLER shall deliver to PURCHASER at closing, or thereafter on demand, proper instruments for the conveyance of title and the assignment and collection of award and damages. 1.17 Site Plan means an illustrative site plan which includes, as a minimum, the location of the proposed building(s) and Hotel which constitute the Project and the public streets surrounding the Property and which illustrates the proposed parking, sidewalks and major landscape features. 1, l & Termination Date means that date which is nine hundred thirteen (913) days subsequent from the Effective Date. 1.19 Tr~~er Date means that date which is ninety {90) calendar days from and after the expiration of the Inspection Period. 1.20 Tripartite and Interlocal Agreement means that Tripartite and Interlocal Agreement for the Conveyance of Real Property Located Adjacent to the Old 5 Library Site to be entered into by the City, PURCHASER and the Chamber of Commerce. 1.21 Other Definitions. The terms defined in this Agreement shall have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend either or both of the other genders. As used in this Agreement, the terms "herein", "hereof' and the like refer to this Agreement in its entirety and not to any specific section or subsection. 2. PURCHASE PRICE. Subject to the provisions of this Agreement, SELLER hereby agrees to sell the Property to PURCHASER, and PURCHASER hereby agrees to purchase the Property from SELLER for the total purchase price of Three Million gnd 00/100 {g3,000,000A0) Dollars, upon and subject to the terms and conditions set forth herein. 2.1 Earnest Maney. PURCHASER, concurrently with the execution and delivery of this Agreement, shall deposit the Earnest Money with GOREN, CHEROF, DOODY AND EZROL, P.A. (hereinafter the "Escrow Agent"}, which Earnest Money shall be placed in an interest bearing escrow account by the Escrow Agent. Upon the deposit of the Earnest Money, SELLER shall immediately refund to the Development Group all sums previously deposited by the Development Group pursuant to the RFP, which sums total $154,000.44. At Closing, a copy of the closing statement signed by the SELLER and the PURCHASER shall be conclusive evidence of the SELLER'S right to receive the Earnest Money. Except in the event of PURCHASER'S default hereunder, the interest on the Earnest Money shall inure to the benefit of PURCHASER. 2.2 Balance of Purchase Price. PURCHASER shall pay the balance of the Purchase Price to SELLER at Closing by readily negotiable funds drawn on a local f nancial institution pursuant to the terms of this Agreement ar by wire transfer to an account identified in writing by SELLER. 3. INSPECTIONS. PURCHASER shall, during the Inspection Period, determine {a} whether or not the Property is satisfactory for PURCHASER'S purposes, and (b} whether or not the Property 6 has adequate services available and that all federal, state, county and local laws, rules and regulations have been and are currently being complied with relative to the Property. During the [nspection Period, it shall be the responsibility of the PURCHASER to determine that utility services including, water, waste water, electric, telephone and all other utilities are available in the proper size and capacity to serve the Property and installed to the Property lines. Furthermore, it sha}l be the responsibility of the PURCHASER to determine whether or not the existing zoning classification of the Property will permit PURCHASER to construct, develop and utilize the Property as a mixed-use development Project with the Hotel and the Parking Facility, as identified in the Response to the RFF issued by the SELLER, At all times during the Inspection Period, PURCHASER and its agents shall be provided with reasonable access during normal business hours to the Property for purposes of an-site inspections. The scope of the inspections shall be determined by the PURCHASER as deemed appropriate under the circumstances. !n the event that any inspections and any review of documents conducted by the PURCHASER relative to the Property during the lnspectian Period prove unsatisfactory to the PURCHASER, at its sole discretion, PURCHASER shall bs entitled to terminate this Agreement by providing written notice by mail, overnight delivery service, or by facsimile to SELLER and/or SELLER'S counsel, at any time prior to 5:00 p.m. Florida time on that date which is the second business day next following the expiration of the Inspection Period and receive an immediate refund of the Earnest Money plus interest earned thereon. In the event that PURCHASER fails to provide a timely notice of termination, this Agreement shall not terminate and the PURCHASER and SELLER shall proceed to Closing as set faith herein. PURCHASER does hereby agree to hold SELLER harmless during inspections conducted on the Property. During the Inspection Period, SELLER shall provide to PURCHASER reasonable access to any appraisals, environmental reports (Phase 1 and Phase Il, if any), surveys, abstracts and title policies and all other studies SELLER may have in its possession or is subject to its control relating to the Property and SELLER shall, without additional consideration, consent to an assignment of such items to PURCHASER or PURCHASER'S Fending institution and shall provide true and correct copies of all leases 7 in effect with respect to the Property. PURCHASER's right to inspect and enter onto the Property during the Inspection Period is expressly conditioned upon PURCHASER'S covenant to protect SELLER from the filing of any liens against the Property. In the event that any claims of lien are filed against the Property as a result of work performed nr requested by PURCHASER, the PURCHASER shall either pay the sum claimed by the lienor or bond such claim of lien in the manner permitted by law within five (5} business days aRer PURCHASER receives written notice of the existence of the lien. All inspections conducted by PURCHASER shall oat materially interfere with the ongoing business activities of the Chamber of Commerce. Except as otherwise provided herein, all inspections shall be conducted and completed during the Inspection Period. 4. SELLER'S REPRESENTATIONS. To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of its knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be true an the Closing Date: 4.1 At all times prior to Closing, SELLER shall keep the Property free and clear of any construction, mechanic's or materialmen's liens far work or materials furnished to or contracted for, by ar on behalf of SELLER prior to the Closing. 4.2 SELLER has no actual knowledge of pending ar contemplated condemnation proceedings affecting the Property ar any part thereof. Q.3 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action ar proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency ar other entity which would affect the use, occupancy ar value of the Property or any part thereof or which would otherwise relate to the Property. 4.4 Other than the Chamber of Gammerce, na individual, general or limited partnership, limited liability partnership or company, corporation, trust, estate, real estate investment trust, association or any other entity has or is entitled to possession of any part of the Property. 8 4.5 No tenant or other occupant, no licensor or franchisor and no other person, firm, corporation, or other entity has any right or option to acquire the Property or any portion thereof. PURCHASER has the exclusive right to purchase the Property and SELLER shall not engage in any negotiations with or solicit offers from any other party relating to the sale of the Property. 4.6 No transfer of development rights (TDR), within the meaning of Section 4.5.20 of the Land Development Regulations as set forth in the Delray Beach Cade of Ordinances, with respect to the Property have been assigned, transferred, leased or encumbered in any manner whatsoever. 4.6.1 Contracts. SELLER is not a party to any unrecorded contracts, restrictions, easements, leases, option contracts, rights of first refusal or contracts with respect to the Property, nor shall SELLER enter into any of the foregoing from and after the date of execution of this Agreement without the written consent of PURCHASER. 4.6.2 Violations. To the best of SELLER's knowledge, SELLER has not received any written notice claiming that the Property or any method of operation of the Froperty is in violation {"Violation"} of any applicable law, ordinance, code, rule, order, regulation or requirement of any governmental authority, the requirements of any local board of fire underwriters (or other body exercising similar functions) and SELLER further represents that the Property shall be delivered free of any Violation at Closing. 4.6.3 Moratoriums. To the best of the SELLER'S knowledge, as of the Effective Date of this Agreement, there are no moratoriums contemplated or pending against development or the Project contemplated by PURCHASER which may affect the Project ar the development contemplated by the Project. SELLER shall comply with all of the obligations of SELLER under al] leases relating to the Property, the service agreements and all other agreements and contractual arrangements by which SELLER and/or the Property are bound. SELLER shall maintain all existing insurance coverage in full force and effect through Closing and shall pay all required premiums and other charges. 4.7 REAL PROPERTY SOLD AS [S, WHERE IS, RELEASE: Except as otherwise provided herein, SELLER makes and shall make no warranty regarding the 9 title to the Property except as to any warranties which will be contained in the Deed and in the other instruments to be delivered by SELLER at Closing in accordance with this Agreement, and SELLER makes and shall make no representation ar warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition, operability, safety, ftness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Property. PURCHASER specifically acknowledges and agrees that SELLER shall sell and PURCHASER shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except far the SELLER'S representations and warranties set forth in this Agreement, PURCHASER is not relying on any representations or warranties of any kind whatsoever, express or implied, from SELLER, its agents, officers, or employees, as to any matter concerning the Property including, without limitation, any matter relating to (i) the quality, nature, adequacy, or physical condition of the Property; (ii) the quality, nature, adequacy or physical condition of sails, fill, geology, or any groundwater; (iii} the existence, quality, nature, adequacy or physical condition of utilities serving the Property; {iv} the development potential, income potential, expenses of the Property; (v} the Property's value, use, habitability, or merchantability; {vi) the fitness, suitability, ar adequacy of the Property far any particular use or purpose; (vii) the zoning or other legal status of the Property; {viii) the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi- governmental entity or of any other person or entity, including without limitation, environmental person ar entity, environmental laws; {ix) the presence of Hazardous Materials, as defined herein, or any other hazardous or toxic matter on, under ar about the Property or adjoining ar neighboring property; {x) the freedom of the Property from latent or apparent defects; (xi} peaceable possession of the Property; (xii) environmental matters of any kind ar nature whatsoever relating to the Property; {xiii) any development order or agreement, or {xiv) any other matter or matters of any nature or kind whatsoever relating to the Property. to As used herein, the term "Hazardous Materials" means (i) those substances included within the definitions of "hazardous substances," "hazardous materials," "toxic substances" or "solid waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. § 1801 et seq., or the Clean Water Act, 33 U.S.C. §1321 et seq., as amended, and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States Department of Transportation Table (49 CFR § 172.101) or by the Environmental Protection Agency as "hazardous substances," (' '} "hazardous materials," "toxic substances" or "solid waste", ~i~ such other substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable local, state or federal laws, ordinances ar regulations; and any material, waste or substance which is petroleum, asbestos, polychlorinated, biphenyls, flamrnablc explosives ar radioactive materials. Notwithstanding the foregoing, from and after the Effective Date, SELLIrR shall operate and maintain the Property and shall cause the Property to be operated and maintained in a manner generally consistent with past practices and in a manner fully compliant with applicable law and the SELLER shall reasonably endeavor to prevent the introduction of any Hazardous Materials onto the Property and the SELLER shall reasonably endeavor to prevent the release of any Hazardous Materials onto the Property, and the PURCHASER shall have and is hereby granted the right to enter upon the Property to confine the compliance of the SELLER with the foregoing duties and obligations. 4.8 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder. 4.9 SELLER warrants that it will not, between the Effective Date and the Closing, without PURCHASER'S prior written consent, create by its consent any encumbrances on the Property. For purposes of this provision, the tcrm "encumbrances" sha11 mean any liens, claims, options, or other encumbrances, encroachments, rights-af--way or leases. 4.10 All of the representations, warranties, and covenants of SELLER contained in this Agreement or in any other document delivered to PURCHASER in connection with the transaction contemplated herein shall be true and correct in all material respects and not in default at the time of Closing, just as though they were made on the Closing Date. 4.11 SELLER shall indemnify, hold harmless and defend PURCHASER against all claims, demands, losses, liabilities, costs and expenses, including attorney's Fees, imposed upon or accruing against PURCHASER as a result of the representations contained 'tn this section 4 being incorrect. 5. EV[DENCE OF TITLE. 5.1 Title to the Pravertv. SELLER shall convey the Property, including all easements and restrictions of record with the exception of the encroachment(s), if any, to PURCHASER at Closing by delivery of the Deed. PURCHASER shall, during the Inspection Period, secure a title insurance commitment issued by a title insurance underwriter insuring PURCHASER's title to the Property. The costs and expenses relative to the issuance of a title commitment and an owner's title policy shall be borne by the PURCHASER. PURCHASER shall have thirty {30} days from the date of receiving the title commitment to examine said commitment. if PURCHASER objects to any exception to title as shown in the title commitment, PURCHASER shall, within thirty {30) days of receipt of said commitment, notify SELLER in writing specifying the specific exception(s) to which it objects. Any objection{s) of which PURCHASER has so notified SELLER, shall be cured by SELLER so as to enable the removal of said objection{s} from the title commitment within two hundred seventy {270} days after PURCHASER has provided notice to SELLER. Within twenty (20} days after the expiration of SELLER'S time to cure any objection, SELLER shall send to PURCHASER a notice in writing (the "Cure Notice"} stating either (i) that the objection has been cured and, in such case, enclosing evidence of such cure, or {ii) that SELLER is unable to cure such objection dcspite the good faith efforts of the SELLER to effectuate the cure. If SELLER is unable to cure all objections within the tune period set forth in the preceding sentence despite the good faith efforts of the SELLER, then PURCHASER may (a) terminate this Agreement by written 12 notice to the SELLER within thirty (30) days after receipt of a Cure Notice specifying an uncured objection, in which event all instruments and ironies held by the Escrow Agent, together with interest thereon, shall be immediately returned to PURCHASER; or (b} subject to the provisions set forth below, proceed to close the transaction contemplated herein despite the uncured objection. Notwithstanding anything to the contrary herein, if any of the objections (a} consist of delinquent taxes, mortgages, deeds of trust, security agreements, construction or mechanics' liens, tax liens or other liens or charges in a fixed sum ar capable of computation as a fixed sum, and (b) were caused, assumed, created ar permitted to be created by SELLER, then, to that extent, SELLER shall be obligated to pay and discharge any such objections and Escrow Agent is authorized to pay and discharge at Closing such objections. S.2 Survey and Legal Description. During the Inspection Period, PURCHASER shall order: (i) a current survey ("current" is defined to be certified within ninety (90) days of the Effective Date), prepared by a registered land surveyor or engineer licensed in the State of i+lorida showing the boundaries of the Property, and the location of any easements and other matters as reflected an Schedule B lI of the title commitment thereon and certifying the number of acres (to the nearest one thousandth acre) of land contained in the Property, all buildings, improvements and encroachments; and (ii) a correct legal description of the Property which, upon approval thereof by PURCHASER and SELLER (not to be unreasonably withheld, conditioned or delayed), shall be the legal description used in the Deed. The survey shall be certified to SELLER, PURCHASER and the title insurance company issuing the title insurance. In the event the survey shows any material encroachments, strips, gores, or any portion of the land non-contiguous to any other portion of the Property or any other matter materially affecting the intended use of the Property or marketability of title to the Property (any such matter is herein called a "Survey Objection" and treated as a title defect}, PURCHASER shall have a period of thirty {30}days after receipt of the survey by PURCHASER within which to approve ar disapprove any survey Objection and to give notice to SELLER of any disapproval thereof indicating in reasonable detail the nature and reasons for PURCHASER's abjection. In the event PURCHASER provides a notice of 13 disapproval of a survey objection to SELLER, the rights and obligations of the parties respecting such objections shall be governed by Section S.l hereof such that the parties shall have the same rights and objections as though such survey objection objected to was a new exception to title which was discovered and objected to within the contemplation of Section 5.1. 6. RISK OF LOSS. Risk of loss or damage from fire, other casualty, or both, is assumed by SELLER until the Deed is delivered by SELLER to PURCHASER. In the event any portion of the Property is destroyed by fire or other casualty then the following shall apply: a) If the damage, as determined by the insurance adjuster, is not more than Five Hundred Thousand ($500,000.00} Dollars: (i) PURCH.ASER shall proceed to close the transaction contemplated herein and all insurance proceeds relating to the improvements damaged by such casualty shall be paid to the PURCHASER, and (ii) SELLER shall pay to PURCHASER on the Closing Date the full amount of any deductible under SELLER'S fire and extended coverage insurance policy applicable to said damage; ar b) If the damage, as detertrtined by the insurance adjuster, is more than Five Hundred Thousand ($500,000.00) Dollars, PURCHASER shall have the option to {i) proceed to close the transaction contemplated herein and collect all available insurance proceeds relating to the improvements damaged by such casualty, in which case SELLER shall pay to PURCHASER on the Closing Date the full amount of any deductible under SELLER'S f re and extended coverage insurance policy, or (ii) terminate this Agreement and receive a refund of the Earnest Money and interest earned thereon. SELLER warrants that it shall maintain until the Closing Date adequate "All Risk" property insurance. 7. TRANSFER OF TITLE SUBJECT TO. Except as otherwise set forth, the Property shall be conveyed subject only to water lines, sanitary sewer, drainage, gas distribution, electrical and telephone easements of record. It shall be the sole and exclusive responsibility of the PURCHASER to relocate any 14 utilities and any such relocation casts and expenses shall be borne by the PURCHASER. PURCHASER shall, in the event of any relocation of the utilities, provide to the City or the appropriate service provider, easements for the relocated utilities. &. ADJUSTMENTS AT CLOSING. The fallowing are to be apportioned pro-rata to the Closing Date: All utilities, security deposits, rental payments, electric, non-delinquent taxes and assessments (real property and personal property}, and water and sewer charges. 9. CLOSING DATE AND PLACE. The Closing shall occur no later than that date which is thirty (3©} calendar days from and after the Permit Date and the Closing shall be held in the offices of the PURCHASER'S attorney. Notwithstanding the provision set Earth herein, if the Closing does nat occur on ar before the Termination Date, the SELLER shall have the right to terminate this Agreement and return the deposit to the PURCHASER, and each shall be released from any and all liability to one another. 30. DEFAULT 13Y PURCHASER. The PURCHASER shall be deemed to be in default hereunder only upon the occurrence of any of the following events, to-wit: (a} In the event that PURCHASER fails to file with the City, on or before the Trigger Date, an application far Site Plan approval with the necessary documentation required by the City, and an application for conditional use approval necessary for the development and construction of the Project; it being specifically understood and agreed that the time for performance by the PURCHASER with respect to this subsection (a) shall be deemed tolled daring any delay attributable to Force Majeure and/or attributable to any appeal process; (b) In the event that the Purchaser fails to file with the City, on or before that date which is one hundred eighty (180} calendar days from and after the Approval Datc, an application for the issuance to the PURCHASER of all permits as are necessary to commence construction of the permanent buildings within the Project; it being specifically understood and agreed that the time for performance by the PURCHASER with respect tv LS this subsection (b} shall be deemed tolled during any delay attributable to Force Majeure and/or attributable to any appeal process; (c) in the event that the PURCHASER fails to close the transaction on the Closing Date and such failure to close is not otherwise attributable to a default by SELLER; {d) In the event that the PURCHASER fails, subject, however, to extensions for delays attributable to Force Majeure, to commence construction of the Project nn or before that date which is forty-Eve (45} days from and after the Closing Date (the term "commence construction of the Project" means {i} the initiation by PURCHASER of site preparation work for the Project which shall, for purposes of this Section, include excavation, fencing of the site, installation of the construction trailer, clearing and relocation ofutilities on the Project}. If PURCHASER defaults in the performance of any of the performances to which reference is made in the immediately preceding subsections (a} through (d}, both inclusive, and PURCHASER fails to remedy such default within sixty (60} days after written notice by SELLER to PURCHASER of such default(s) (the "Default Notice"), SELLER shall have, as its sole and exclusive remedies for such default the option to: (a) demand the payment of the Earnest Money and all interest earned thereon as agreed upon liquidated damages, and upon the receipt thereof, this Agreement shall become null and void, and neither party shall have any claims of whatsoever kind, type, nature or description against the other party, or (b) pursue an action against the PURCHASER for specific performance of this Agreement. 11. DEFAULT BY SELLER. if the SEL1rER shall fail or refuse to consummate the transaction in accordance with the terms and provisions of this Agreement, PURCHASER shall have, as its sole and exclusive remedies for such default the option to: (a) demand the payment of the Earnest Money and all interest earned thereon, and upon the receipt thereof, this Agreement shall become null and void, and neither party shall have any claims of whatsoever kind, type, nature or description against the other party, or (b) pursue an aciian against the SELLER for specific performance of this Agreement. 16 12. BROKER. a) SELLER represents that it has not listed the Property for sale or otherwise entered into any agreement for the payment of a real estate brokerage commission regarding the sale of the Property with any broker ar any other person entitled to be paid a brokerage commission in accordance with Florida faw. b) PURCHASER represents that it has not employed, or otherwise used, any broker or any other person entitled to be paid a brokerage commission in accordance with Florida law in conjunction with Purchaser`s interest in purchasing the Property. 13. CLOSING COSTS. Upon Closing, PURCHASER shall be responsible for the costs and expenses related to the recording of the Decd. SELLER shall pay for documentary stamps affixed to the Deed. PURCHASER, at its own expense, may conduct and obtain an Environmental Site Assessment Phase 1 and Phase 11 (if so mandated by the Phase 1) of the Property. All casts and expenses related to financing the acquisition and development of the Property shall be borne by PURCHASER. 14. PURCHASER`S WARRANTIES. PURCHASER hereby acknowledges and warrants to the best of its knowledge that all of the following are true and correct as of Closing: (a) PURCHASER has full power and authority to enter into this Agreement and to assume and perform all of its obligations hereunder. (b} The execution and delivery of this Agreement and the performance by PURCHASER of the obligations hereunder have been duly authorized by the PURCHASER as may be required, and na further action ar approval is required in-order to constitute this Agreement as a binding obligation of the PURCHASER. (c} The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the PURCHASER do not and will not violate the organi-ratianal documents of PURCHASER and do not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge ar encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture, 17 instrument or judgment to which PURCHASER is a party. All of the representations, warranties and covenants of PUKCHASER contained in this Agreement shall be true and correct in all material respects and not in default at the time of Closing, just as though they were made an the Closing Date. PURCHASER shall indemnify, hold harmless and defend SELLER against all claims, demands, losses, liabilities, costs and expenses, including attorney's fees, imposed upon or accruing against SELLER as a result of the representations contained in Chis Section 14 not being true and correct in all material respects. 15. RIGHT TO REPURCHASE. SELLER expressly reserves the right at its sole option and election, to repwchase the Property for the same Purchase Price as paid by PURCHASER to SELLER hereunder, in the event the PURCHASER shall a) fail to commence construction of the Project, as certified by PURCHA$ER's architect, within forty-fve {45) days next following the later to occur of the Closing, or the Permit Date, subject however, to extensions for delays attributable to Force Majeure, or b) fail to commence the installation of the concrete foundation for at least one of the structures to be constructed within the Project within one hundred eighty { 180) days next following the later to occur of (i) the commencement of construction to which reference is made in subsection (a) above, and (ii) the issuance of the building permit(s) requisite to performing foundation work. The term "commence construction" means the initiation by PURCHASER of site preparation work far the Project which shall, for purposes of this Section I5, include excavation, fencing of the site, installation of the construction trailer, clearing and any required rebcaiion of utilities at the site. The SELLER's right to repwchase and its terms and conditions herein shall be incorporated in a Memorandum of Agreement executed by the parties prior to Closing and shall survive the Closing. Notwithstanding the foregoing provisions, the commencement dates provided above and al! other times for the commencement ar completion of all performances 18 required herein by the PURCHASER shall be extended on a day for day basis for delays occasioned by acts of God; catastrophe; pandemic or other health related occurrence; terrorism; inclement weather which is in excess of those days normally forecasted by the National Weather Service far the given month in South Florida, which interfere with construction; unforeseen physical conditions on the site; unavailability of water, gas, utilities sewerage and/or telephone or the site is rendered unsafe for health and safety purposes not otherwise caused by PURCHASER; unavailability or shortages of material or labor; labor disputes; governmental approvals or restrictions and any appeals thereof; claims or lawsuits by any third party (whether individual or otherwise) threatened or instituted to prevent the issuance of any approvals or permits, the commencement of construction or otherwise stop construction of the development after commencement; or other matters beyond the reasonable control of PURCHASER {collectively "Force Majeure"}. By the tenth (10) business day of each of month, PURCHASER shall deliver or cause to be delivered to SELLER a list of the days during each proceeding month as to which PURCHASER believes the Force Majeure provisions apply and the reasons therefor. SELLER shall, within ten (10} business days after receipt of any such list, provide notice to PURCHASER as to whether SELLER disputes that any of the days set forth on that list would give rise to an extension of time for PURCHASER's performance based on Force Majeure. Any days claimed to be subject to the foregoing Force Majeure provision by PURCHASER which are not so disputed by SELLER within said time period shall be deemed approved by SELLER. In the event of a dispute between SELLER and PURCHASER as to whether there has been a commencement of construction as provided in this Section ar whether a claim For decay is valid or otherwise in cannectian with this Agreement and the transactions contemplated thereby shall be resolved and settled by mediation using a mutually acceptable third-party mediator. Such mediator shall be appointed upon the written demand of either party. Upon such appointment, the mediation shall be held within fifteen (15) days at a mutually agreeable site in Palm Beach County, Florida. The fees and expenses of such mediator shall be born equally by the parties hereto. In the event of the failure of the parties to settle the dispute by mediation, either party may bring the dispute for legal redress before the Circuit Court in and for Palm 19 Beach County, Florida. This Section I S shall survive Closing. Notwithstanding the foregoing, any repurchase rights granted herein shall be subject to and subordinate to any acquisition, development and/or construction loan and mortgage on the Property. l 6. I~NFORCEABILITY. If any term, covenant or condition of this Agreement, or the application thereof to any person or circumstance, shall be determined to be unenforceable by a court of competent jurisdiction (the "Offending Provision"), then the remainder of this Agreement, or the application of such term, covenant or condition to persons, entities or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby and each term, covenant and condition of this Agreement shall be valid and enforced to the fullest extent permitted by law; provided however, that the parties affected by the Offending Provision snail endeavor in good faith, within sixty (6fl) days after the date such determination is made, to agree upon alternative provisions which shall have the same practical effect as the Offending Provision and upon any agreement being reached, the new provision shall 6e incorporated into and farm a part of this Agreement. i 7. HOTEL. The Hotel shall be built in accordance with the requirements of all applicable governmental authorities and shall provide, at a minimum, the following: {a) all guest rooms shall be accessed from the interior of the Hotel buildings. (b) the fallowing accessary uses may be located within the structure of the primary Hotel structure: bar, meeting or conference facilities, office center, and sundry or gift shop. Other accessory uses, whether required ar optional, may be located within acccssory structures, except for swimming pools and outdoor bars to serve swimming pool guests, which accessory use may be located outdoors and contiguous to either the primary Hotel structure ar an ancillary structure. {c) a full service restaurant, or total of all full service restaurants which shall provide breakfast, lunch and dinner to both Hotel guests and members of the general 20 public. I8. NO MERGER. Al] warranties, representations, covenants, terms and conditions herein captained shall survive the delivery and recording of the Deed for a period of nine (9) months. 19. CONDITIONS PRECEDENT TO CLOSING AND CONTINGENCIES. 19.1 Conditions Precedent_to_Closi~: SELLER's obligation to close the subject transaction is contingent upon the satisfaction afthe fallowing conditions: (a) Financial Commitment. PURCHASER shall provide no later Chan sixty (60} days prior to Closing, documentation certifying to SELLER, PURCHASER'S receipt of a financial commitment letter from a United States financial lending institution ("Financial Commitment") for the lending of funds in an amount not less than seventy percent (70%} of estimated acquisition, development and construction costs required to complete the Project; the Financial Commitment shall be utilized to acquire the Property and to construct and develop the Project, as generally described in PURCHASER'S response to the RFP issued by the SELLER, which response was accepted by the SELLER, and as otherwise specified in this Agreement, unless, however, a lesser amount of financing is determined by PURCHASER in PURCHASER'S sole and absolute discretion to be satisfactory upon terms acceptable to the PURCHASER. PURCHASER shall deliver to SELLER those pertinent provisions of the Financial Commitment evidencing PURCHASER'S acknowledgment and the fnancial institution's agreement to finance the Project in accordance with the Financial Commitment. In addition, PURCHASER shall provide to SELLER, prior to the end of the Inspection Period, a letter from PURCHASER'S lender indicating that PURCHASER has the ability to undertake a project similar to the scope of the Project. (b} PURCHASER'S delivery to SELLER, prior to Closing, of a letter of credit issued by a fnancial institution reasonably satisfactory to SELLER or a completion guarantee. The letter of credit, if used, must be in a form and amount reasonably satisfactory to SELLER yr if a completion guarantee, such completion guarantee must be in a form reasonably satisfactory to SELLER. The letter of credit or completion guarantee 21 shall serve to guarantee completion of construction of the Project in accordance with the approved Site Plan and this Agreement. The letter of credit or completion guarantee shall also guaranty payment of all costs incurred in the constructian of the Parking Facility as hereinabove referenced. The letter of credit, if used, shall be specifically callable by SELLER in the event of the PURCHASER'S failure to construct the Arojeet in accordance with the provisions of this Agreement and the Site Plan approved by the City. The Ietter of credit shall be in an amount equal to one hundred ten (1 l0%} percent of the budgeted costs for the construction of the Project, in accordance with the Site Plan, design plan, and approved plans and specifications of the Project. Not later than the time the letter of credit or completion guarantee is required to be delivered to SELLER, PURCHASER shall also cause ro be delivered to SELLER an agreement of the architects and engineers who prepared the plans for the Project which provides that if SELLER calls the letter of credit, in accordance with the terms of this Agreement, SELLER shall have the right to utilize said plans to construct the Project, as to its respective interest in said plans, Notwithstanding the forgoing, PURCHASER shall provide to Gity at Closing a letter of credit for the public parking spaces and Parking Facility as set forth in the Chamber of Commerce Relocation and Public Parking Space Agreement between PURCHASER and City. Ta the extent this letter of credit is provided to City far the public parking spaces and Parking Facility, PURCHASER shad not be obligated to also provide a completion guarantee to the SELLER for the Parking Facility. (c) The RFP requires PURCHASER to provide a minimum of seven thousand (7,000) square feet. of office space (ar such lesser number of square feet as is agreed to by the Chamber of Commerce) as a leasehold premises for the Chamber of Commerce: {a) within the Project, or (b) at a location outside the Project acceptable to the Chamber of Commerce. The PURCHASER hereby elects to provide the Chamber of Commerce with the office space at a location outside the Project (i.e. at the Delray Beach Old School Square Garage) in accordance with the terms and conditions contained in the Chamber Relocation and Public Parking Space Agreement which executed by the City and PURCHASER simultaneously herewith. In addition, if it is necessary to relocate the offices of the Chamber of Commerce during construction of the Project, the PURCHASER 22 shall provide temporary office space in a Iocation and at terms acceptable to the Chamber of Commerce and shall endeavor to make parking spaces available to the public during the construction period. {d) The SELLER reserves unto itself and PURCHASER acknowledges and agrees that SELLER shall have the right to approve the architectural design and specifics of the Site Plan for the Project, which approval shall not be unreasonably withheld, conditioned or delayed, which approval by the SELLER shall be required notwithstanding the requirement that PURCHASER is obtaining the required approvals from the City far the Site Pian and the architectural design of the Project; it being specifically understood and agreed that the time far performance by the PURCHASER hereunder shall be deemed tolled during any delay attributable to the aforementioned approval process. (e) PURCHASER shall obtain and provide to SELLER, no later than one hundred eighty (18U) days prior to the Closing Date, a written contract with a hotel operator to own, operate, and manage the Hotel. 19.2 Contingencies: The SELLER'S obligation to close the transaction is contingent upon the following: a} PURCHASER shall, at Closing, execute and provide for recording a unity of title with respect to the Property and/or replat the Property, if required by the City; b) PURCHASER shall submit an application for the abandonment of alleyways, if necessary; c) Execution of the Plaza Agreement between PURCHASER and SELLER; d) The Parking Facility Easement Agreement between the City and the PURCHASER shall be executed no later than thirty (30) days after Site Plan Approval. e) Execution of the Triparty and Interlocal Agreement for the Conveyance of Real Property located adjacent to the Old Library Site by the City, the SELLER and the Chamber of Commerce. 23 20. NOTICE. Except as otherwise provided herein, all written notices shall be effective upon the actual receipt or first refusal of the addressee to accept delivery after having been sent by reputable overnight delivery service or by certified mail, pnstage prepaid, return receipt requested, to the following addressees: SELLER: Delray Beach Community Redevelopment Agency 20 North Swinton Avenue Delray Beach, Florida 33444 Attn: Diane Colonna, Executive Director With Copy to: Donald J. Doody, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone: {954) 771-4500 Fax: (954} 77 I-4923 PURCHASER: Old Library Development, LLC c/o Coastal Design & Development Group Arin: Louis J. Carbone 90 SE 4~' Avenue, Suite I Delray Beach, Florida 33483 Telephone: (561 } 272-0282 Fax: (561) 272-6013 With a Cnpy to: Michael 1. Kotler, Esquire Schwartz, Gold, Cohen, Zakarin and Katier, P.A. 54 SW Boca Ratan Bnulevard Boca Raton, Florida 33432 Telephone: (551} 361-9600 Fax: (561) 361-9770 With a Copy to: Richard H. Critehfeld, Esquire 1001 E Atlantic Avenue, Suite 201 Delray Beach, Florida 33483 Telephone: (551) 279-0322 Fax:(55l)279-0334 ESCROW AGENT: GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 24 Fort Lauderdale, Florida 33308 Telephone: (954) 771-4500 Fax: (954)771-4923 2 ] . EFFECTIVE DATE. This Agreement shall be deemed effective as of the Effective Date. 22. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida. 23. ENTIRE. AGREEMENT. All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreement. This Agreement completely expresses their full agreement. 24. NO ORAL CHANGE. This Agreement may not be changed or amended orally. 25. SUCCESSORS. This Agreement shall apply to and bind the successors and assigns of SELLER and PURCHASER. 26. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall be and shall be taken to be an original and all collectively deemed ane instrument. The parties hereto agree that a facsimile copy hereof and any signatures thereon shall be considered far all purposes as originals 27. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient cluantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in h'lorida. Additional information regarding radon and radon testing may be obtained from your county health unit. 25 28. ATTORNEYS' FEES. If far any reason a party initiates any legal or equitable action to secure, protect or enforce its rights under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs and expenses incurred by it, including, without limitation, reasonable arbitration, paralegals', attorneys' and experts' fees and expenses, whether incurred without the commencement of a suit, in any suit, arbitration, or administrative proceeding, or in any appellate or bankruptcy proceeding. 29. COOPERATION. SELLER shall reasonably cooperate with PURCHASER, its agents and professional advisors, in connection with the filing of applications and the obtaining of all required permits and approvals {including but not limited to demolition permits, site development permits, utility permits, landscaping, mechanical, plumbing, electrical and all necessary permits, authorizations and approvals to commence immediate improvements for the Project) and any necessary utility access agreements, and shall sign any application reasonably made by PURCHASER that is required in order to obtain such permits and approvals and utility access agreements and shall provide PURCHASER with any information and/or documentation not otherwise reasonably available to PURCHASER {if available to SELLER) which is necessary to procure such permits and approvals and utility access agreements. Any such aceornmodation by SELLER shall be without prejudice to, and shall not constitute a limit on, impairment or waiver of, or otherwise affect SELLER's rights to exercise its discretion in connection with its governmental or quasi-governmental functions. 3Q. TH1RD PARTY BENFICIARY. Although not a signatory to this Agreement, the parties hereto acknowledge that the City is a third party beneficiary of certain provisions of this Agreement. This Agreement is not intended to create, nor be interpreted or construed in any way to create any third party benef ciary rights in any person or entity not a party hereto unless otherwise expressly provided herein. 2b [N WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated below: WITNESS: PURCHASER: OLD LIBRARY DEVELOPMENT LLC, a Florida limited liability company Wifiess $y: . Title: Witness Date: , 200$. SELLER: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: _ Title: Date: _, 2008. ESCROW AGENT: GOREN, CHEROF, DOODY & EZROL, P.A. BY~ Title: Date: __ _ , 2008. 27 EXHIBIT A LE D PARG1/L t (I,ibrt~r ui 'n Lot 7, LESS the Werth 16.0 feet and the west 8.17 feet and Lacs 8 and 9, LESS the west 8.17 feet, all of Block i01, TOWN OF LIIVTON (now Delray $each), according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. PARCE 2 (Library ui The Narth 20 feet of l..ot 10, LESS the west 8.17 feet thereof, Black l O1, TOWN OF LINTON (low Delray Beach), according to the Plat thereof as recorded in Plat Baok 1, Page 3 of the Public Records of Palm Beach County, Florida. PARC L 3 (City Parkinst Loth Lots 14, l5 and 16, LESS the east 10 feet thereof for road right-of--way, al! of Block 101, TOWN OF LYNTON (new Delray Beach), according to the Plat thereof as recorded in Plat Baok 1, Page 3 of the Public Records of Palms Beach Cowsry, Florida. P C 4 i 'n Lot 17, LESS the south 32 feat and LESS the east 30 feet thereof for road right-of-way, Block 141, TOWN OF LII~TON (new Delray Beach), accarding to the Plat thuoof as recorded us Plat Book 1. Page 3 of the Public Records of Palm Seach County, Florida. PARCEL 5 (Chamber of C~m~t er~s~ The south 52 felt of Lot 17 and Lat 1 S, LESS the east ] 0 feet ilsereof for road right-af--way, all of Block 101, TOWN OF LINTON (now Dal[ay Beath), according to the Piat thereof as [ecorded in Plat Baok 1, Page 3 of the Puhiic Records of Palm Beach County, Florida. MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: February 13, 2008 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 DELRAY BEACH CHAMBER OF COMMERCE RELOCATION AND PUBLIC PARKING SPACE AGREEMENT/CRA ITEM BEFORE COMMISSION This Item lOC is related to Items l0A and lOB. This Chamber of Commerce Relocation and Public Parking Space Agreement (Relocation Agreement) is between the CRA, the Chamber and the City and concerns the relocation of the Chamber to the Old School Square Garage. BACKGROUND The Relocation Agreement provides that upon execution by Developer of the Purchase and Sale Agreement between the Developer and the CRA (referenced in lOC) that the Developer irrevocably elects to relocate the Chamber to the Old School Square Garage space facing N.E. 2nd Avenue. The space is depicted as Unit 2 on Exhibit "A" to the Agreement and contains 6,039 square feet. If Unit 1 is available, the Chamber may elect to relocate to Unit 1 and have available to it 6,309 square feet in Unit 1, if it exercises this right 60 days or more prior to the Developer and the CRA closing on the Purchase and Sale Agreement for the old library site. The Agreement calls for the City to be reimbursed $90.00 per square foot or $567,810.00 at the closing on the old library site. The developer shall build out the space for the Chamber in the amount of $473,175.00 (or $75.00 per square foot) and any excess will be paid by the Chamber. The Developer's contractor shall secure insurance and receive substantial completion 120 days after commencement of work which shall commence within 45 days of the closing on the old library site property. The CRA will pay to the City $315,450.00 upon the closing of the old library site (which represents the difference between the fair market value of $215.00 a square foot and the $90.00 per square foot paid by Developer to the City and the $75.00 paid by the Developer to build out the site per Paragraph 9). The Developer will also provide the City 70 parking spaces at the old library site, in light of the relocation to the Old School Square Garage. In addition, the Developer will pay the City for the 20 spaces it need not build at the old library site for a total of $312,000.00 payable to the City. The Developer will pay to the Chamber up to $7,500.00 for their moving expenses. In addition, the Developer will provide a irrevocable letter of credit for $1,960,000.00 to provide assurance to the City in the event the 70 spaces are not built. In addition to the foregoing, at least 30 days after site plan approval, the City and Developer will enter into a Public Parking Easement Agreement to cover the details of the management and costs of the 70 space parking facility at the old library site. The CRA Summary is attached as well for your information. RECOMMENDATION City Commission approval. ,~ i e L "~• ri ^ ~ oas ~' r rs ~ ~ ~ ~ ~ ~ ~` u ~:< ~~ 5~ lriif ~8 dS £F3 ~ K ~ 3# ~ ~ BFI li~i i `.& .'2 !l «211 IX !a 5 ~Y~ ~".I SF C~~--~..w.,-:.cFIS";.'~x:.'i.`.:e~.*' ~..'^~ 1 ~:~-~.6?Y.S ':~'t:;~:~~ :S :' "~: : e-`-.F.:-n~i ~:t~C^%~:::~ :..ts_a "~,. ~~-~~z 1 ~F=~~:;i ~: ~I ..... ~.. y ..~ ~; ~~ 3, _~f~-. salt s,~ ~ ~~ ~ ~ ~ ~ ~ ~ +~ ~ I~ ... ~~-r ~ z?~N p :'s.~ u _ a ~ ~; n ^ ~.~~ ... ' r~ MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 14, 2008 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 ORDINANCE N0.31-07 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This item before the Commission is for second reading and second public hearing for a privately initiated amendment to LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD), Subsections (B) Permitted Uses and (F) Development Standards. The proposed amendment is to add Lots 16, 17, and 18, less the South 75' thereof, Block 69, Town of Delray, to the list of lots within the OSSHAD zoning district that can be developed pursuant to the uses and development standards of the CBD (Central Business District) zoning district. BACKGROUND The City Commission considered this item on October 2, 2007 for First Reading/First Public Hearing and voted to approve the proposal by a vote of 4-0. On October 16, 2007 for Second Reading/Second Public Hearing, the City Commission voted 4-0 to postpone to a date certain of November 20, 2007. On November 20, 2007 for Second Reading/Second Public Hearing, the City Commission voted 4-0 to postpone to a date certain of February 19, 2008. The City received a letter from Michael Weiner dated November 19, 2007 requesting that the item be postponed for 90 days. The City received a letter from Michael Weinder dated February 15, 2008 requesting that the item be postponed to the May 6, 2008 Regular Commission Meeting. RECOMMENDATION Commission discretion. WEINER, ARONSON & MANKOFF, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-266fi Telecopier: (561} 272-6831 E-mail: mweiner@zonelaw.com MICHAEL 5. WEINER CAROLE J. ARONSON JASON S. MANKOFF February 15, 2008 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: OSSHAD Text Amendment Our File No.: ZENJ006 Dear Paul: KERRY D. SAFIER STEPHEN B. GEBELOFF Via Hand Delivery RECEIVED FER 1 5 2008 CITY CLERK Please consider this letter a formal request on behalf of the applicant to table the request for a Text Amendment applying the CBD Development Regulations to 36 SE 1s` Avenue, from February 19, 2008 to May 6, 2008. We understand that we must appear on February 19, 2008 for the postponement to be granted. As you know, the subject property is being reviewed by the Planning & Zoning Department with respect to a development that would not require this particular Text Amendment. This is the reason for our request for a tabling of this matter. If you s~iould need anything further from me, do not hesitate to contact me. Very MSW:jck J ner cc: Mr. Jim Zengage (Via email} Mr. Francisco Perez (Via email) 0:1Zt:NJ0061Letterto Paul l]orling re 05SHAD 02.15.08.doc ORDINANCE NO. 31-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CTI'Y OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.424, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.424(B), "PRINCIPAL USES AND STRUCTURES" TO INCLUDE AN ADDITIONAL PROPERTY THAT IS ALLOWED THE PERMITTID USES OF THE CBD ZONING DISTRICT; AlV1II~IDING SUBSECTION 4.424(F), "DEVELOPMENT STANDARDS", TO INCLUDE AN ADDITIONAL PROPERTY IN THE OSSHAD DISTRICT THAT IS SUBJECT TO THE STANDARDS OF THE CBD ZONING DISTRICT; 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 September 17, 2007, and voted 6 to 0 to recommend that the changes be denied; 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 not consistent with and does not further the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is not consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(B), "Principal Uses and Structures" of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (B) Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. -1- (3) Business, Professional, Medical and Governmental Offices. (4) Retail sales through specialty shops (single purpose businesses) such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and drug stores. (5) Arts related businesses such as craft shops, galleries, and studios within which is conducted the preparation of, display of, and/or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. (6) Educational and/or Instructional activities including training, vocational, or craft schools, the arts, personal development, and libraries, museums, and social and philanthropic institutions. (7) Restaurants of a sit down nature such as a cafe, snack shop, full service dining but excluding any drive-in and/or drive-through facilities or features. (8) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists. (9) Bed and Breakfast Inns. (10) Catering services not associated with a restaurant, subject to the special regulations of Section 4.4.24(H). (ll) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (12) Within the following described areas, the uses allowed as permitted uses in Section 4.4.13(B) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13 -16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7 and 19-24, and Lots 16 - 18, less the south 75 feet thereof, Block 69 (d) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (e) Lots 1- 6, Block 76 Section 3. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(F), "Development Standards", of the Code of Ordinances of the Land Development Regulations 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 -2- District, in Section 4.3.4 apply, except for as modified below: (1) The following locations shall be subject to the development standards of the Commercial Core (CC) area of the CBD Zone District, excluding exceptions to height limitations provided in Section 4.3.4(J)(4): (a) Lots 1- 7 and 19-24, and Lots 16 - 18, less the south 75 feet thereof, Block 69 (b) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (c) Lots 1- 6, Block 76 (2) The following locations shall be subject to the development standards of the West Atlantic Neighborhood (WAN) area of the CBD Zone District: (a) Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 (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. (4) Except for properties identified in Sections 4.4.24(F)(1) and (2) and the Old School Square Cultural Arts Complex, the maximum width of a building fronting a street shall be limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a development site that contains more than one structure. (5) The floor area for the third floor shall be limited to 50% of the second floor area and the building setbacks or planes of the facade are offset and varied to provide visual relief. (6) Notwithstanding the provisions of Section 4.424(F)(4), or elsewhere in this code, residential-type inn developments, shall be permitted to: (a) Connect adjacent on-site buildings using all-weather, covered walkways, that are constructed of not less than 70% vertical transparent glass or similar material. Said walkways shall be on the ground floor only, shall be located not closer than 15 feet from the front building face, and may be joined to elevators, lobbies, or accessory use facilities permitted herein: Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. -3- Section 6. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of _ 2007. MAYOR ATTEST: City Clerk First Reading Second Reading -4- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~~ THROUGH: CITY MANAGER DATE: OCTOBER 11, 2007 SUBJECT: AGENDA ITEM # ~ ~ ~ ~ - REGULAR MEETING -OCTOBER 16, 2007 CONSIDERATION OF A PRIVATELY INITIATED AMENDMENT TO LDR SECTIONS 4.4.24{B)(12}{c} AND 4.4.24(F)(1){a) TO ADD LOTS 16-18, LESS SOUTH 75 FEET THEREOF BLOCK 69 TO THOSE PROPERTIES ZONED OSSHAD {OLD SCHOOL SQUARE HISTORIC ARTS DISTRICTI WHICH ARE SUBJECT TO THE PERMITTED USES OF 4.4.13 B AND DEVELOPMENT STANDARDS OF 4.3.4{J}{4}, CENTRAL BUSINESS DISTRICT ZONING DISTRICT. EXCLUDING EXCEPTIONS TO HEIGHT LIMITATIONS PROVIDED ITEM BEFORE COMMISSION The item before the City Commission is a privately initiated amendment to LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD), subsections (B) Permitted Uses and (F} Development Standards. The proposed amendment is to add Lots 16, 17, and 18, less the South 75' thereof, Block 69, Town of Delray, to the list of lots within the OSSHAD zoning district that can be developed pursuant to the uses and development standards of the CBD (Central Business District) zoning district. BACKGROUND The City Commission considered this item on first reading and voted to approve the proposal by a vote of 4-0. The City Commission also directed the applicant to meet with Staff before second reading to discuss possible alternatives. The applicant met with Staff and will seek relief to the current regulations of the OSSHAD zoning district with respect to setbacks and lot coverage rather than pursue the current LDR modification. Therefore, the applicant is requesting a postponement of a Second Reading for the proposed LDR Amendment until further notice. RECOMMENDATION By motion, postpone a second reading of Ordinance No. 31-07, to amend Land Development Regulations (LDRs) Sections 4.4.24{B)(12} and 4.4.24(F)(1)(a) to allow the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 thru 18, Less the South 75', Block 69 until further notice. Attachments: • Ordinance No. 31-07 ^ Ppstppnement Request Letter e ~ ~``' °-J~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING _... (J THROUGH: CITY MANAGER ~i~- C/V1 (~- DATE: SEPTEMBER 27, 2007 SUBJECT: AGENDA ITEM # t O ~ ~'C - REGULAR MEETING -OCTOBER 2 2007 CONSIDERATION OF A PRIVATELY INITIATED AMENDMENT TO LDR SECTIONS 4.4.24(B1(121(c] AND 4.4.24(F1(1)(a1 TO ADD LOTS 16-18, LESS SOUTH 75 FEET THEREOF. BLOCK 69 TO THOSE PROPERTIES ZONED OSSHAD OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT WHICH ARE SUBJECT TO THE PERMITTED USES OF 4.4.13(B} AND DEVELOPMENT STANDARDS OF 4.3.4 J 4 CENTRAL BUSINESS DISTRICT ZONING DISTRICT, EXCLUDING EXCEPTIONS TO HEIGHT LIMITATIONS PROVIDED ITEM BEFORE COMMISSION The item before the City Commission is a privately initiated amendment to LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD), subsections {B) Permitted Uses and (F) Development Standards. The proposed amendment is to add Lots 16, 17, and 18, less the South 75' thereof, Block 69, Town of Delray, to the list of lots within the OSSHAD zoning district that can be developed pursuant to the uses and development standards of the CBD {Central Business District} zoning district. BACKGROUND The subject LDR Amendment is privately-initiated to accommodate a new office building. The subject property is located on the west side of SE 1$~ Avenue, approximately seventy-five feet (75'} north of SE 15t Street, and contains a contributing structure within the Old School Square Historic District. The frame vernacular structure, which is still maintained as asingle-family residence, was constructed in 1938 and would be relocated to an unidentified location. The effect of the proposed amendment would be to add Lots 16, 17, and 18, less the South 75' of each, Block 69, to the list of properties that can be developed pursuant to the CBD uses and development standards. The proposed changes would increase the types of permitted uses #hat could be established in the OSSHAD zoning district allowing for a wider range of retail, service, and office uses, mare dense multi-family residential, and greater and mare intense development given more liberal setbacks and height {see Development Standards comparison chart in attached Planning and Zoning Board Memorandum Staff Report.). The properties to the west of the subject property are contributing structures within the Old School Square Historic District, and will be affected by the proposed amendment. The properties to the north are located within the Old School Square Historic District and are subject to the CBD uses and design standards. The east-west alleyway just north of the subject City Commission Documentation, Meeting of October 2, 2007 Privately-initiated Amendment to the LDRs RE: CBD Overlay within OSSHAD property serves as a physical boundary between properties currently subject to CBD regulations and the subject property. In the applicant`s justification for the changes, they utilize the assumed impact of development outside of the designated historic district to justify the intensification (i.e., Worthing Place located across SE 1St Avenue). If development outside of the his#oric districts justifies changing regulations within the historic district, then the same rationale could be applied to Block 70, located just to the south of the subject property and within the Old School Square Historic District. Staff believes this sets forth an inappropriate precedent. The justif;cation for the request centers on the desire to build an office building. However, Office is an allowed use in the OSSHAD zoning district and if site specific adjustments or relief are necessary ar are desired for these lots, it would appear more appropriate to request relief from the OSSHAD zoning regulations rather than apply CBD regulations. The OSSHAD district is typified as a low intensity mixed use district that allows single family residential, professional offices, boutiques, etc., and is consistent with the current development request. Introduction of the more intense principal permitted uses of the CBD on the subject property, along with the associated more liberal development standards such as setbacks and height, is incompatible with the historic district. REVIEW BY OTHERS The Historic Preservation Board (HPB) considered the subject LDR Amendments at its meeting of September 5, 2007. A recommendation to deny the amendment was made by a vote of 4-1. The Community Redevelopment Agency (CRA} considered the subject LDR Amendments at its meeting of September 6, 2007. A recommendation to deny the amendment was made by a vote of 5-0. The Planning and Zoning Board considered the subject LDR Amendments at its meeting of September 17, 2007. A recommendation to deny the amendment was made by a vote of fi-0 (Perez stepped down from the item.}. RECOMMENDATION sy motion, deny on first reading Ordinance No. 31-07, to amend Land Development Regulations (LDRs) Sections 4.4.24(6}(12) and 4.4.24(F}(1)(a) to allow the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 thru 18, Less the South 75', Block 69 by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not mee# the criteria set forth in LDR Section 2.4.5(M). Attachments: ^ Ordinance No. 31-07 ^ Planning and Zoning Staff Report of September t 7, 2007 2 PLANNCNG ANQ' ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: SEPTEMBER 17, 2007 AGENDA ITEM: IV. D AGENDA ITEM: PRIVATELY INITIATED AMENDMENT TO LDR SECTIONS 4.4.24(8)(12}{c) AND 4.4.24(F)(1)(a) TO ADD LOTS 16-18, LESS SOUTH 75 FEET THEREOF, BLOCK 69 TO THOSE PROPERTIES ZONED OSSHAD (OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT) WH1CH ARE SUBJECT TO THE PERMITTED USES OF 4.4.13(B} AND DEVELOPMENT STANDARDS OF 4.3.4(J){4), CENTRAL BUSINESS DISTRICT ZONING DISTRICT, EXCLUDING EXCEPTIONS TO HEIGHT LIMITATIONS PROVIDED IN 4.3.4(.1}{4). ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation #o the City Commission regarding a privately initiated amendment to LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD), subsections (B) Permitted Uses and {F} Development Standards. The proposed amendment is to add Lots 16, 17, and 18, less the South 75' thereof, Black 69, Tawn of Delray, to the list of lots within the OSSHAD zoning district that can be developed pursuant to the development standards and uses of the CBD {Central Business District} zoning district, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. '~ACKGROUNDILDR AMENDMENT QESCRIPTtON The subject LDR Amendment has been privately-initiated to accommodate a new office building. The subject property is located on the west side of SE 1$' Avenue, approximately seventy-five feet {75') north of SE 15` Street, and contains a contributing structure within the Old School Square Historic District. The frame vernacular structure, which is still maintained as a single-family residence, was constructed in 1938 and would be relocated to an unidentified location. Should the relocation consist of a location outside of any of the city's five {5) historic districts, the Historic Preservation Board should consider a requirement that the structure be individually designated to ensure its protection. This issue will be further discussed and analyzed during the site plan approval process. In 1990, with the citywide rezonings, the OSSHAD (Old School Square Historic Arts District} zoning district was created and applied to properties located within the historic district including all of Black 69. All lots wi#hin Block 69 were rezoned from GC (General Commercial) to OSSHAD. There are other lots in the immediate vicinity located within the OSSHAD zoning district that may be developed in accordance with the permitted uses and development standards of the CBD. Those lots, which are identified in Exhibit B, are located immediately to the north and across the eastlwest alley from the subject property and include a surface parking lot, the City parking garage, and a recently constructed mixed-use building. Those three lots were included in one text amendment adapted on January 4, 2040 (Ordinance 47-99) which provided for the expansion of the CBD overlay district {uses and development standards), for the primary purpose of constructing the Block 69 parking garage. Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(B}(12), 4.4.24{F)(1}{a) Pursuant to LDR Section 2.4.5(M){1}, amendments to the Land Development Regulations may be ini#iated by the City Commission, Planning and Zoning Board or City Administration; or an individual. The proposed amendment is aprivately-initiated text amendment to the Land Development Regulations. The effect of the proposed amendment would be to add Lots 16, 17, and 18, less the South 75' of each, Block fig, to the list of properties that can be developed pursuant to the noted CBD standards and regulations. The CBD development standards would permit a maximum height of forty-eight feet (4$'}, versus athirty-five foot {35'} maximum height permitted within OSSHAD. In the OSSHAD zoning district, the required setbacks are twenty-five feet (25'} for the front, seven feet, six inches (7'6"} for the side interior, and ten feet {10'} for the rear whereas the CBD setbacks are as follows: Front setback may vary from fve feet to ten feet {5'-10'} far 70%-90% of the front elevation depending upon the proposed use on the ground floor and at least fifteen feet {15') for 10%-30% of the front elevation. These setbacks are required up to a height of thirty-seven feet {3T). The remainder of the building could contain up to 70% with a fifteen foot {15'} setback, with up to thirty percent (30%) containing a setback of five feet to ten feet (5'-10'}; Side setbacks may be zero (0) if there is vehicular access to the rear. Otherwise, one side must be setback at least ten feet (10'); Rear setbacks are ten feet {10') up to thirty-seven feet (37'} in height while the elevation over thirty-seven feet (37') must be setback twenty-two feet {22') as the subject property abuts a zoning district with a maximum height requirement of thirty-five feet (35'}. The proposed changes would also increase the types of permitted and permitted conditional uses that could be established in the OSSHAD zoning district to allow for a wider range of retail, service, and office uses, as well as more dense multi-family residential. A chart containing the above noted information has been provided on pages five and six of this report. W~~ LDR YEXT AME~bI{~EI~T'ANALYSIS W... REQUIRED FINDINGS LDR Section 2.4.5(M}(5) {Findings): 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 objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: FUTURE LAND USE ELEMENT: GOAL AREA "A" LAND WITHlN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. Future Land Use Element Objective A-1 -Property shall be developed or redeveloped in a manner so That the future use and intensity is appropriate and complies in terms of sail, 2 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24{B)(12), 4.4.24{F}{1)(a) fopographic, and other applicable physical conslderafions, is complimentary to adjacent land uses, and fulfills remaining land use needs. Future Land Use Element OlJiective A-4 The redevelopmenf of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policy A-4.1 Prior fo approval or recommending approval of any land use or development application for property locafed within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consisfent wifh the provisions of Section 4.5.9 of the Land Development Regulations (see below) relating to historic sites and districts and the "Delray Beach Design Guidelines': Pursuant to LDR Section 4.5.1(A), Historic Preservation Sites and Districts: !n recognition of findings as set forth in the original enacfinenf of Ordinance 13-87, passed March 9Q, 1987, this Section is created in order to provide for the identification, preservation, protection, enhancement, perpetuation, and fhe use of districfs, archeological sites, buildings, structures, lmprovemenfs, and appurtenances that are reminders of pasf eras, events, and persons important in local, state, and national history; that provide significant examples of architectural styles of fhe pasf; that are unique and irreplaceable assets fo the Cify and its neighborhoods; or fhaf provide this and future generations with examples of fhe physical surroundings in which past generations lived; and other purposes. Future Land Use Policy A-4.2 !n order fo protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historrca!!y significant buildings, structures, archaeological sites, or districts. The City shall conducf periodic neighborhood surveys to identify and evaluate potential historic resources. Objective A-1 noted above requires that development be complimentary to adjacent land uses. The proposed amendment would allow for the subject property to be developed in a manner complimentary to bath those properties located across SE 1ST Avenue, outside of the historic district and zoned CBD, or those located in the historic district but recently developed under the CBD Overlay. The amendment would not provide for complimentary development with the historic properties within the subject historic district and would allow for the incursion of more intense development with reduced setback requirements and the potential for greater height. The OSSHAD zoning regulations were established as a mixed use district with less intensity with respect to uses, density, and scale and massing than these allowed in the CBD. The adjacent properties to the west and south are also zoned OSSHAD and consist of either contributing single-family residences or non-contributing mixed-use development (contributing per 2005 Old School Square Historic District resurvey). The proposal is not consistent with Objective A-4 which requires that the amendment provide for the preservation of historic resources through the redevelopment of land and buildings. Further, Policy A-4.1 requires that the Historic Preservation Board make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations. The provisions of the Section are to provide for the preservation of districts, buildings, and structures. The proposed amendment not only does not provide far the preservation of the subject structure, the potential intensification of future development does not encourage preservation of the historic structures located immediately to the west of and abutting the subject property. Therefore, positive findings cannot be made as the ro osed LDR text amendment is not consistent with and do not further the Goofs Ob~ectives and Policies of the Comarehensive Plan Future Land Use Element. 3 Pianning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(B){12), 4.4.24{F){1}{a} HOUSING ELEMENT: GOAL AREA "A" TO MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING BY PRESERVING EXISTING STABLE NEIGHBORHOODS, STABILIZING AND ENHANCING NEIGHBORHOODS THAT ARE iN TRANSITION, AND RESTORING AND REHABILITATING NEIGHBORHOODS THAT HAVE DECLINED. Housing Element Objective A-1 Q The City shall support the conservation and rehabilitation of hisforically significanf housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housing Element Policy A-10.1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.9 of the Land Development Regulations, Historic Preservation Sites and Districts. Housing Element Policy A-10.2 The Cify will promote the use of historic designations as a revifalizafion fool in ifs preparation of Neighborhood Plans for those areas which have a significant inventory of historic structures. Housing Element Objective A-12 To assist residents of the City in maintaining and enhancing their neighborhood environment, the Cify shall fake sfeps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Houslnq Element Policy A-12.3: In evaluating proposals far new development or redevelopment, the Cify shall consider the effect fhaf the proposal will have on the sfabilify of nearby neighborhoods. Factors such as noise, odors, dusf, traffrc volumes and circulation patferns shall 6e reviewed in terms of their potential to negatively impacf fhe safety, habifabilify and sfabilify of residential areas. !f if is determined fhaf a proposed development will resulf in a degradation of any neighborhood, fhe projecf shall be modified accordingly or denied. Housing Element Policy A-12.4: The City will provide planning and fechnica! assistance to implement neighborhood-supported initiatives aimed of preserving the character of existing residential areas. Such assistance may involve the formulation of regulations fhaf would limit fhe size and scale of new homes to be consistent with existing sfructures wifhin a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. The increase of density within this historically designated area will increase the traffic volumes and with this particular amendment proposal could negatively modify circulation patterns. Further, i# will allow development inconsistent with the desired development pattern of the OSSHAD district. This desired development pattern is explained in the "Purpose and Intent" section of the LDRs and calls for encouraging the restoration or preservation of historic structures and, maintaining and enhancing the historic and pedestrian scale of the area. Uses and development densities that are currently allowed in the OSSHAD promote the preservation and adaptive reuse of all structures within the District. Increase in the intensity of use of the property available under the CBD will have an adverse impact on the stability of this historic area and allow development inconsistent with the scale of the remainder of the historic district. Additionally, the proposed amendment has the potential to negatively affect the historic neighborhood environment of the Old School Square Historic District by impacting the safety, habitability, and stability of the residential area. The properties to the west continue to be single- family residences (although vacant}, as are the majority of the properties along the west side of 4 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24{B}(12), 4.4.24{F}(1)(a) SE 1bt Avenue, within Block 70, located to the south. Therefore, positive findings cannot be made as the proposed LDR text amendment is Hat consistent with and do not further the Goals, Objectives and Policies of the Comprehensive Plan Housing Element. ANALYSIS As previously noted, the property is currently regulated by the OSSHAD which is a mixed use zoning district intended to: 1. Provide for mixed uses of residential, office, and commercial activi#ies, with an emphasis an 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; 2. Stimulate greater awareness and pride in the City's architectural heritage, and create an atmosphere and feeling of "Old Delray Beach"; 3. lmprave the environmental quality and overall livability of this Historic District and stabilize and improve property value therein, and; 4. Allow uses which promote preservation and adaptive reuse of all structures within the District. The CBD was "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. The regulations within the Centro! Core, within which the subject property lies, are "intended to result in development that preserves the downtown's historic moderate scale, while promoting a balanced mix of uses that will help the area evolve into a traditional, self-sufficient downtown. Further, "residential development is permitted at higher densities in this area than any other part of the city, in order to foster compact, pedestrian oriented growth that will support downtown businesses." There are clear differences between the purposes and intents of the OSSHAD and CBD zoning districts. Overall, the CBD does not note the preservation of historic structures. CBD strives to protect historic aspects of the downtown, such as the scale, which is low-scale, particularly when looking to the surrounding municipalities and their larger height maximums. However, when compared with the historic districts, the CBD scale is not compatible in that it is taller and permits more scale and massing. Therefore, the OSSHAD intent is mare appropriate as are its development requirements with the intentions to maintain the historic development pattern of the original Town of Delray neighborhood. As previously Hated, the proposed amendment will allow the incursion of a more intense development having reduced setback requirements and a potential for greater height into an historic district having zoning regulations that established a mixed use district with a less intensity of uses, density, and scale and massing. The chart below gives a comparison of the development standards applicable to the proposed amendment and conditions of the subject property: OSSHAD CBD - Centrat Core Difference Hel ht* 35' 48' +13' Lot Covera a 40% --- Cannot determine difference O en S ace 25% 10% -15% Lot Size S,opO s uare feet 0 --- Lot Width 80' a --- Lot De th 100' a --- 5 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to I_DR Sections 4.4.24(8)(12}, 4.4.24(F){1}{a} OSSHAD CBD -Central Core Difference Lot Fronta a 80' 0 --- Setbacks** 15` & 2"d Stories Up to 25' 5'-10', depending on 70%-90%=15'-20' Front 25' ground floor use' ' ' closer; 70%-90% = 5 -10 max.• ' 10%-30%=10' closer; min. 10%-30% = 15 Side-Interior T6" 0' 7'6" closer 5'-10', depending on 70%-90%=5'-10' Side-Street 15' ground floor use; closer; 70%-90% = 5'-10' max. 10%-30%=No 10%-30% = 15' min. difference Rear 10' 10' No Difference 3`~ Story-Over 25'-48' The floor area for the At least 70% W 15' min ; Front third floor shall be . ° Up to 30% = 5'-10' min . Cannot determine limited to 50% of the , Side-Interior second floor area and 0 or 10 {depending on vehicular difference. the building setbacks access to rear of ro ert or planes of the facade Side-Street are offset and varied to See Front {above} Rear provide visual relief. 10' 4"' Story -Over 37' Front At least 70% = 15' min.; Up to 30% = 5'-10' min. NIA 0' or 10' Side-Interior {OSSHAD height limit (depending on vehicular OSSHAD height limit ' is 35') access to rear of ro ert is 35 Side-Street See Front {above} Rear 22'*** `Additional height exceptions would not apply *" See LDR Section 4.4.13 "* Pursuant to LDR Section 4.8.4(A){1)(a)(ii). Otherwise, rear setback is 10'. See Appendix A for a comparison of the permitted uses within bath the OSSHAD and CBD zoning district. The following statement was submitted in justification of the subject amendment: "The applicant is seeking to build an affrce building, which is much more in the character of the surrounding area. The development pattern surrounding this property is more typical to the CBD development regulations than the OSSNAD zoning regulations. To the north of the property is the Bob Federspiel Parking Garage which is subject to fhe CBD development regulafions, as are all the lots to the north of the garage, to Lot 24. Ta fhe east of the property is the proposed Worthing Place project, which is located in the CBD zoning district." As stated in the narrative, the applicant notes that the development of an office building is desired, which is in character with the surrounding area. The surrounding area includes the CBD zoning district (located both within, as an overlay, and outside of the Old School Square 6 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(B)(12}, 4.4.24{P}{1 }(a} Historic District) and the Old School Square Historic District (properties zoned OSSHAD). The properties to the west of the property are contributing structures within the subject historic district, and will be the most affected by the proposed amendment. This is of concern as those properties that have not yet benefited from redevelopment could be further hindered as there would be less incentive for the rehabilitation and adaptive reuse of those properties. The properties to the north are located within the Old School Square Historic District and subject to the CBD uses and design standards. However, the east-west alleyway serves as a physical boundary between those properties and the subject property. further, it appears that development outside of the designated historic district is being used to justify inappropriate regulations within the historic district such as the Worthing Place develapment located across SE 15' Avenue. If development outside of the historic districts justifies changing regulations within the historic district, then the same rationale could be applied to Block 70, located just to the south of the subject property and within the Old School Square Historic District. 'ASSESSMENT AND 'GC?NCLUStON The desire is "to build an office building, which is mare in character of the surrounding area." It is noteworthy that a historic structure is located on the property, and that the subject property is located within a designated historic district. The justification centers around the desire to build an office building. However, office is a use allowed in the OSSHAD zoning district. While the develapment pattern surrounding this property is of CBD, the lots to the east (across SE 1~` Avenue) are not in a designated historic district. While the lots to the north are located in a designated historic district, they contain a physical boundary (alleyway} between the adjacent properties within the Old 5choal Square Historic District. It should be noted that it was made clear during the review for the amendment to the north that providing CBD overlay of permitted uses and development standards for those properties would not be precedent setting. The justification statement for the subject request illustrates the opposite. The OSSHAD district is typified as a low intensity mixed use district that allows single family residential, professional offices, boutiques, etc. The intensity allowed as principal uses as well as the more liberal development standards in the CBD zoning district, such as setbacks and height, for the subject property is incompatible with the historic distric#. Consequently, a positive finding cannot be made with respect to LDR Section 2.4.5(M){5}. The Comprehensive Plan calls for the preservation of historic resources, which is not achieved by the proposed amendment. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. _ -- . REVEEW BY OTHERS The Historic Preservation Board (HPB) considered the subject LDR Amendments at its meeting of September 5, 2007. A recommendation to deny the amendment was made by a vote of 4-1. The Community Redevelopment Agency {CRA) considered the subject LDR Amendments at its meeting of September 6, 2007. A recommendation to deny the amendment was made by a vote of 5-0. Public Notice Since the proposed LDR text amendment is site specific, a public notice has been provided to property owners within a 500' radius of the subject property. 7 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24{B}(12}, 4.4.24{F}(1)(a) Letters of objection and support, if any, will be presented at the meeting. _ ALTERNiAT1VE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulation Section 4.4.24(6}(12} and 4.4.24(F}(1 }(a), Ordinance 31-07, allowing the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 thru 18, Less the South 75', Block 69 by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5{M}. C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulation Section 4.4.24{B)(12} and 4.4.24{F}(1)(a), Ordinance 31-07, allowing the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 thru 18, Less the South 75', Block 69 by adopting the frndings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). ,. _ RICOMMENDEfJ ACTION Recommend denia! to the City Commission of the amendment to Land Development Regulation Section 4.4.24{B}(12) and 4.4.24(F)(1)(a), Ordinance 31-07, allowing the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 thru 18, Less the South 75', Block 69 by adopting the findings of fact and law contained in the staff report, and fnding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). Attachments: • Appendix A - Char# of Permitted Uses within OSSHAD and CBD • Exhibit "A" [Proposed Amendment] ^ Exhibit "B" [Context Map] ^ Location Map ^ Justification Statement 8 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(6)(12}, 4.4.24(F}(1)(a) ,_ .. APPEi~dlKA~ OSSHAD CBD -Central Core Permitted Uses Single family and duplex dwellings X --- Business, Professional, Medical and X Governmental Offices X (Except Government Offices} Retail sales through specialty shops (single purpose businesses) X X Restaurants of a sit down nature X X Arts related businesses X X Educational andlor Instructional activities (including training, vocational, or craft schools, the X X arts, personal development, and libraries, museums, and social and philanthropic institutions) Libraries and museums X X Personal services (barbershops, beauty shops, salons, cosmetologists) X X Catering services X (not associated with a restaurant) X Bed and breakfast inns X X Group Home, Type 1 X General retail ___ X Business and professional office X X Services and facilities (See 4.4.13{B){3)} ___ X Mufti-family --- (As aconditional use in a X mixed-use structure Hotels, motels, bed and breakfast inns, and X residential-type inns (Bed & Breakfast Inn ONy) X Permitted Conditional Uses Multi-family dwellings in a mixed-use structure --- X (Allowed as combination of ermitted uses Outdoor dining X X Adult Congregate Living Facilities, Residential Licensed Service Provider Facilities, Child Care, Adult Day Care, Continuing Care, Convalescent X X Homes, and Nursing Homes Parking lots not associated with a use (i.e. public parking) X --- Residential-type inns X --- As a ermitted use Group Home X X Group Home, Type 2, and Community Residential Homes --- X OSSHAD CBD -Central Core Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to I_DR Sections 4.4.24(8){12}, 4.4.24{1=)(1)(a) Permitted Conditional Uses Multi-family dwelling units, excluding duplexes, at a density greater than thirty (3Q) units per acre, on property located south of N.E. 2nd Street and "' X north of S.E. 2nd Street Wash establishment, with automatic/mechanical systems only, far vehicles _"' X Flea markets, bazaars, merchandise marts, and similar retail uses --- X Playhouses, dinner thea#ers, and places of assembly for commercial en#ertainment purposes _"" X Movie theaters ___ X Veterinary clinics ___ X Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf ___ X courses, skating rinks Gasoline sta#ions or the dispensing of gasoline directly into vehicles --- X Funeral homes including accessory uses ___ X Financial institutions ___ X Child care and adult day care ___ X Amusement game facilities ___ X Residential licensed service provider X Adult congregate living facilities X 10 ~YUrsrr~r t~ .,F Q CITY ~;~~~~ '~~ ~ 1 ~~, Q HALL ~-;:~:: ~ r ~~ ~~'`~~~ iST sr. ~ r ~} y ~.,~-. " F .w ~ COMMON! T Y ~ "~`~ ~` _~ ~ ~ ._ -~, CENTER ~~, ' `° ° F j ~, .'~y ~ ~ ~ ~ C_i ,ry ~.j c ~ , ~ ~,,. ,, n ~ < 7ENNlS _ STADIUM fir, = s'~ CND OC ' ~=S~C1A~E I~; "4 ; ~t, emu;. _ Z A T L A N T I C ~f'~: , i 3A 1l '~~ -~'N ,,~.1 C: .x t ~~~' "~ "` i ~ ~ ~ ' MIXED-USE \~ -. ~ ~~ r v. " `` ` ~ ~~. POLICE SOUTH ~ r (NEWDEV.) COMPLEX COUNTY ', ~ .s ~ , ~7c~~~ i lJl1l[Fl COURT ~~ n'~ ~ ~ `~" ~ o ~ '~>^ ° (NEW DEV.) MOUSE ~ ~ ~ ``` '~~'~" ' '~~ ~' ~' ~ ' ~ ~ ~ PARKING LO~ W - 1- x - i t ) ,~ 'a ~ x`x t ~:t5, ~ ~ ~ ' ~ ~ ,'~` (NEW DEV.) ~ . . :t~,y ~: ::'~ ;n S. 1ST ~'~.~ ~" ~ _' 1ST ST. ` r---I ~~~~ F ~ ~ ~ SUBJECT °~ ~ Y i"' ~``'~' '"' PROPERTY W ~ ., ~ ~ ~~ Y o ~~ ,' ~- n Z ~ .: r J ` ~ CV .. p ` `+. S. W. 2ND ST. S.E. 5 Q vi czv ti ~ w Lci ~ vi N PROPOSED LDR AMENDMENT CBD OVERLAY ~'~"` IN OSSHAD ON LOTS 16, 17, 18 (LESS S. 75'} BLOCK 69 an a= oELRAr eEAGH. ~ PLANNING h ZGNING DEPARTMENT LOCATION MAP - 1-STORY 2-STORY SUNDY HOUSE CBD ZONING OVERLAY OLD SCHOOL SQUARE CONTRIBUTING NON-CONTRIBUTING CONTRIBUTING NON-OONTRIBUTING EXPANSkON PROPERTIES DISTRICT $OVNDARIES ~ O ^ ^ --- DIGITAL BrI.SE MAP SYSTEM --- O MAP REF. 5:\Planning k Zoning\DBMS\PROdECTS\HIST DISTRFCTS\Propoaed LDR-Amendment N OSSHAD LOTS SUBJECT TO C.B.D. REGULATIONS ~~ ^,. ~ ~ ~ ~ ~ OLD SCHOOL 5Ql1ARE HISTORIC ARTS DISTRICT (OSSHAD) QTY OT pELRAY BEACH, R PlA-MIINC k ZWRNG pEPARTMEM7 - ®-EY15ilNG LOTS ®-PROPOSED JOTS ~ ~ BLOCK NVAIBER s -LOT NUMBER -- pQ'TAL 64S£ apP 513TEAf -- MAP REf: LM~412? JUSTIFICATION STATEMENT SUBMITTED BY APPLICANT "Justif cation" This text amendment is to allow the permitted uses and development standards in the CBD to apply to the following property located within OSSHAD: Lots 16, 17 aad 1$, ~s~the South 75 feet thereof, SUBDNISION OF BLOCK 69, DELRAY EA H, according to the plat thereof, as recorded !n Plat Book Z, Page(s) 43, o~~ublic Records of Palm Beach County, Fgorida The applicant is seeking to build an office building, which is much more in the character of the surrounding area. The development pattern surrounding this property is more typical to the CBD development regulations than the OSSHAD zoning regulations. To the north of the property is the Bob Federspiel Parking Garage which is subject to the CBD development regulations, as are all the lots to the north of the garage; to Lot 24. To tie east of the property is the proposed Worthing Place project, which is located in the CBD zoning district... Moreover, there are several sections of the. Comprehensive Plan that support the proposed text amendment including but not limited to the following: Future Land Use Element Objective A-7 -Property shall be developed or redeveloped in a manner so fhaf the future use and intensity is appropriate and complies in Perms of soil, topographic, and other applicable physical considerations, is complimentary fo adjacent land uses and fulfrlls remaining land use needs. Housing Objective A-72 - To assist residents of the City in maintaining and enhancing fheir neighborhood environment, the City shall take sfeps fo ensure fhaf modifications in and around the neighborhood do not lead to ifs decline. Any increase in the intensity associated wi#h this property will be negligible. Pursuant to LDR Section 2.4.5{M){5), the text amendment is consistent with and furthers the goals, objectives, and policies of the Comprehensive Plan. WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: {561 } 272-6831 E-mail: mweiner@zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON November 19, 2007 Susan Ruby, Esquire City Attorney's Office 200 N.W. 1S Avenue Delray Beach, Florida 33444 Ms. Chevelle Nubin City Clerk The City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Ordinance No. 31-07 Our File No.: ZENG006 Dear Susan, Chevelle and Paul: ~~~~~~ ~if~~ ~~~ We respectfully request a ninety (90) day postponement for Item 10.C. on November 20, 2007 City Commission Agenda regarding Ordinance No. 31-07. If you have any questions, please contact me. Thank you very much for your consideration. Very tr ours, Mich S. ei er MSW: ek Cc: Mr. Jim Zengage Mr. Francisco Perez Ms. Ashlee L. Vargo Via Hand Delivery JASON S. MANKOFF KERRY D. SAFIER Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 O:IZEN10061Letter to City re postponement Nov 19.2007.doc MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 8, 2008 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 ORDINANCE N0.02-08 -SECOND READING ITEM BEFORE COMMISSION This ordinance is before the Commission for a City initiated amendment to the Land Development Regulations (LDR) Sections 4.4.13(C) and 4.6.9(E)(4), to apply minimum property vacancy period requirements for mechanical parking lifts, in-lieu of parking fees, and public parking fees for in-fill developments within the Central Business District (CBD) and also to Appendix "A", Definitions, to amend the definition of In-Fill Development. BACKGROUND At the first reading on February 5, 2008, the Commission passed Ordinance No. 02-08. RECOMMENDATION Recommend approval of Ordinance No. 02-08 on second and final reading. ORDINANCE NO. 02-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(C), "ACCESSORY USES AND STRUCTURES PERMITTED" TO PROVIDE THAT MECHANICAL PARKING LIFTS ARE A PERMITTED USE FOR AN IN-FILL DEVELOPMENT PROJECT THAT HAS BEEN VACANT FOR A MINIMUM PERIOD OF ONE YEAR; AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION OF PARKING SPACES", SUB-SUBSECTIONS 4.6.9(E)(3), "IN-LIEU FEE", AND 4.6.9(E)(4), "PUBLIC PARKING FEE", TO PROVIDE THAT IN-LIEU FEES AND PUBLIC PARKING FEES ARE AVAILABLE FOR IN-FILL DEVELOPMENTS THAT HAVE BEEN VACANT FOR A PERIOD OF FIVE YEARS OR LONGER; AMENDING APPENDIX "A" TO PROVIDE A REVISED DEFINITION FOR IN-FILL DEVELOPMENT; 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 November 19, 2007 and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach fords the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(C), "Accessory Uses and Structures Permitted" 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: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots. (2) Refuse and service areas. (3) Provision of services and repair of items incidental to the principal use. (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (5) A single family residence, either separate or within a structure housing a nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (6) Recreational facilities attendant to amulti-family residential development, such as tennis courts, swimming pools, exercise areas, and meeting rooms. (7) Single level mechanical parking lifts for in-fill development projects that have been vacant for a minimum period of one (1) year, pursuant to the requirements of Sections 4.6.9(D)(11) and 4.6.9(F)(4). Section 3. That Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E), "Location of Parking Spaces", Sub-subsection 4.6.9(E)(3), "In-Lieu Fee" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (3) In-Lieu Fee: When a requirement for additional parking results from in-fill development, which has been vacant for five (5) years or longer, e~ from a change in use, or adding floor space to an existing building; the City Commission may approve the payment of a fee in-lieu of providing such required parking. Before granting such approval, the City Commission must find that it is impossible or inappropriate to provide the required number of on-site or off-street parking spaces and that, in the case of building additions, no existing parking spaces will be eliminated. Payment of a fee in-lieu of providing required parking is not permitted for new development. Furthermore, the in-lieu fee option will not be available in the event of a change in use or addition of floor space if either occurs within two years of the granting of the Certificate of Occupancy (C.O.) for a new development. The fee in-lieu option will be available two years after the date of the granting of the C.O. Payment of a fee in-lieu of required parking shall be pursuant to the following provisions. (a) The in-lieu fee is authorized only in the CBD, CBD-RC, and OSSHAD Zoning Districts, in compliance with the Supplemental District Regulations provisions therein. (b) Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. The fee amount shall be based upon the location of the property for which in-lieu fees are being sought. Area descriptions and corresponding fee amounts are hereby established as follows: (See page 4.6 - 52 for corresponding map). (1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD - $18,200 per space. (2) Area 2: Parcels located west of the Intracoastal Waterway which are zoned CBD or CBD-RC and which are not included within the Pineapple Grove Main Street area, West Atlantic Neighborhood or Block 69 located in the Old School Square Historic Arts District (OSSHAD) - $15,600 per space. (3) Area 3: Parcels located within the OSSHAD zoning district, except for Block 69 as noted in Area 2; and parcels located within the Pineapple Grove Main Street area which are zoned CBD or CBD-RC - $7,800 per space. (4) Area 4: Parcels located within the West Atlantic Neighborhood which are zoned CBD - $4,000 per space. 2 ORD. NO. 02-08 3 ORD. NO. 02-08 (c) All proceeds from such a fee shall be used for parking purposes. (d) For property owners opting to pay in full, or lessees of properties, payment of the in-lieu fee is due upon issuance of a building permit. The in-lieu fee may be paid in full upon issuance of a building permit or in installments. Applicants for an in-lieu fee which is not paid in full at time of permit, must enter into an In-Lieu of Parking Fee Agreement with the City. Such agreement shall be recorded with the Public_Records Office of Palm Beach County, Florida. The obligations imposed by such an In-Lieu of Parking Fee Agreement constitute a restrictive covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in-lieu parking fees including attorneys' fees and costs. In-Lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the subject property. If an In-Lieu of Parking Fee Agreement is entered into, installment payments shall be made over athree- year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the third anniversary date of the signing of the agreement. There shall be no interest due under this payment schedule. (e) In addition to in-lieu fees due, where adequate right-of--way exists adjacent to a proposed project for which an in-lieu parking fee has been approved, the applicant must construct additional on-street parking, not to exceed the total amount of spaces subject to in-lieu fees unless authorized by the City Commission. The applicant will be credited up to one-half of a parking space for each full parking space constructed within public right-of--way. (For example, the applicant requests to pay the in-lieu fee on 4 spaces; the applicant constructs 4 spaces in the right-of--way; the applicant must only pay the in-lieu fee for 2 spaces). Crediting of spaces constructed in the right-of--way resulting in a fraction shall be rounded down. Credit may not be taken for those parking spaces constructed in the public right-of--way which are required to meet the performance standards for. new developments. (f) Requests to allow in-lieu fee payments that are not associated with a site plan or a site plan modification shall expire two years after such request is approved. The fee charged shall be the fee that is set forth in the Land Development Regulations at the time payment is made for spaces required to accommodate the associated site plan or site plan modification. 4 ORD. NO. 02-08 Section 4. That Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E), "Location of Parking Spaces", Sub-subsection 4.6.9(E)(4), "Public Parking Fee" 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) Public Parking Fee: When parking requirements are applied to new development, in-fill development, which has been vacant for five (5) years or loner, from a change of use, or adding floor space to an existing building; the City Commission may approve the payment of a fee towards the construction of a public parking structure in-lieu of providing such required parking on-site. This option cannot be utilized in conjunction with the In-Lieu Fee provisions of subsection 4.6.9(E)(3) or Section 4.6.9(B)(4), where private land is acquired by a governmental entity for parking or park purposes. (a) For properties located within 600' of a programmed public parking facility, excluding property zoned CBD and/or CBD-RC, an alternative to providing all the required parking on-site is to contribute towards the construction of the parking facility. The cost per space shall be based upon the location of the property for which the public parking fee is being sought. Area descriptions and corresponding fee amounts are hereby established as follows: If for whatever reason the public parking does not get built the City shall retain the fee to provide parking or parking maintenance in the quadrant of the City where the development is located. (1) Area 1: Parcels located east of Swinton Avenue and South Dixie Highway - $18,000 per space. (2) Area 2: Parcels located west of the Swinton Avenue and South Dixie Highway - $16,000 per space. (b) The Public Parking Fee is limited to no more than 25% of the total required parking of a development not to exceed 10% of the total number of parking spaces associated with the Programmed Public Parking Facility. Within a Programmed Public Parking Facility, a maximum of 25% of the total number of parking spaces provided within the Facility are available to the Public Parking Fee Program. (c) When a programmed public parking facility is not anticipated to be constructed within three (3) years of site plan approval of the proposed development, a building permit will not be issued unless the proposed development constructs additional on-street parking within the right-of--way adjacent to the 5 ORD. NO. 02-08 development equating to 75% of the total number of spaces subject to the Public Parking Fee. (d) Where adequate right-of--way exists adjacent to the proposed project for which the fee has been approved, the applicant must construct additional on-street parking, not to exceed the total amount of spaces subject to the fee unless authorized by the City Commission. The applicant will be credited up to one- half of a parking space for each full parking space constructed within public right-of--way. (For example, the applicant requests to pay the public parking fee on 4 spaces; the applicant constructs 4 spaces in the right-of--way; the applicant must only pay the public parking fee for 2 spaces). Crediting of spaces constructed in the right-of--way resulting in a fraction shall be rounded down. (e) All required residential and guest parking spaces associated with a development and required guest room parking for hotels, motels, residential- type inns, bed and breakfasts, and similar uses must be provided on-site. (f) The public parking fee must be paid in full upon issuance of a building permit. (g) The Director of Planning and Zoning or designee shall maintain a record of the developments that utilize the Public Parking Fee Program and the number of spaces allocated to the program for each Programmed Public Parking Facility. (h) The operating hours of the Programmed Public Parking Facility are at the sole discretion of the governmental entity that owns the facility, and shall not be affected by parking spaces intended for commercial tenants of the development. (i) The Public Parking Fee amount shall be reviewed at a minimum every two (2) years and the fee adjusted as warranted. (j) Requests to allow public parking fee payments that are not associated with a site plan or a site plan modification shall expire two years after such request is approved. The fee charged shall be the fee that is set forth in the Land Development Regulations at the time payment is made for spaces required to accommodate the associated site plan or site plan modification. Section 5. That Appendix "A" 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: 6 ORD. NO. 02-08 IN-FILL DEVELOPMENT: The development of a single parcel having frontage on one street or two streets for a corner parcel, ^ra .1,~,;^''''^°'^°°r . r* ~ r ~Tr° «' ~ ° r'^r~-°r and is surrounded by buildings on two or more sides. Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. 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 , 200 ATTEST City Clerk First Reading Second Reading MAYOR 7 ORD. NO. 02-08 ~;ozzsiste~x with the t;~rnpre~iez~s~ve~ 1'laai az}c~°tnce~s cFi~er~a set ~ort}z.;it~ ,1ee~ion ~.~~L'~~: ~f t-~e aza~, e~~efi~pzxzen,t ~e~z~~at3t~ns. ~r~Kcz~~_~~,N~.n~~~E~~r 3y i~~otf~n, a~pr©~.~e ari first ~e~~i~~,a f~ri~na~t~c;e Nty. ~1~-~8 foc -~ Etty~~nitiat~tl azx~eriti~met?t` etc the ~;aflcl, ;~ce[c~~rt~etat dZe~~atazzs ~eeti~ins 4_x.1>(C.,}, ~:Ei.9(~;l(3). ~.f.9{L~(~j, azl~1 ;4~.~pe~-~cli~ ``zA" 1~efit~tiott5, "~~_~ad~~itial~ tie f~raui~zbs c,~ 1:aat a~i~ ~a~~~' cotztaztzecl zz the staff'.c-epo~t <iz~ct Eitz~iz~~ ghat t~ze amezzclriaetit iS ~~~t~s~sCent ~;.ith t~~e C;c~nl~zehc:z~si~-~ Flan. anc~ meets, criteria set fciz-th.~z~, S~c~ion 4.4:S~1V1~ o.~ the ~,ane~ ~.evekopzent I~e~i~~ati~ans. PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: NOVEMBER 19, 2007 AGENDA NO: IV.D. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING APPENDIX A, DEFINITIONS, TO REDUCE THE DURATION OVER WHICH A SINGLE PARCEL MUST BE VACANT FOR ITS DEVELOPMENT TO QUALIFY AS IN-FILL DEVELOPMENT. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) to reduce the duration over which a single parcel must be vacant for its development to qualify as in-fill development. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS The current definition of In-Fill Development requires that a single parcel on one street (or two streets for a corner property), be vacant for five (5) or more years, and be surrounded by buildings on two or more sides in order for development of the parcel to meet the definition of In-fill Development. The proposed definition reduces the duration over which a subject parcel must be vacant to one (1) year. When this definition was added to the LDRs in January, 2005, the restriction of five (5) or more years was to prevent someone from tearing down a structure, and immediately rebuilding under the category of in-fill development. The in-fill category, along with changes of use and additions to existing buildings, can utilize the in-lieu of parking option, while new construction can not. Recent LDR changes have allowed single level mechanical parking lifts in the CBD for infill development projects [Section 4.4.13(C)(7)]. The in-fill development definition would allow the accessory use only if the parcel had been vacant for five (5) or more years. This innovative parking technique is appropriate for in-fill development and to require a vacancy for five (5) years is excessive. The amendment to reduce it to one (1) year will continue to provide the necessary safeguards while making the option more available. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following objective was identified: Planning and Zoning Board Meeting, November 19, 2007 LDR Amendment -Definition of In-Fill Development Objective A-5 states that "[t]he City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide streamlining of processes and to accommodate planned unit developments (PUD), mixed-use developments, and other innovative development practices." The proposed amendment furthers this objective and is therefore consistent. REVIEW BY OTHERS The following advisory boards reviewed and made the following recommendations: Pineapple Grove Main Street reviewed the amendment at their November 7, 2007 meeting and recommended the duration be reduced to two (2) years instead of one (1) year as proposed. The Community Redevelopment Agency reviewed the amendment at their November 8, 2007 meeting and recommended approval of a duration of one (1) year. The Downtown Development Authority reviewed the amendment at their November 12, 2007 meeting and recommended approval. The West Atlantic Redevelopment Coalition reviewed the amendment at their November 14, 2007 meeting and recommended approval. Notices: A courtesy notice was provided to the following organization: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The purpose of this city-initiated LDR text amendment is to amend the definition of "in-fill development" to reduce the duration that a parcel must be vacant in order for its development to qualify as in-fill development. Recent LDR changes have allowed single level mechanical parking lifts in the CBD for infill development projects. However, use of this innovative parking technique is limited by the restriction that parcels be vacant for a minimum of five (5) years. The amendment to reduce it to one (1) year will continue to provide the necessary safeguards while making the option more available. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Appendix A, Definitions, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Appendix A, Definitions, by adopting the findings of fact and law 2 Planning and Zoning Board Meeting, November 19, 2007 LDR Amendment -Definition of In-Fill Development contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Appendix A, Definitions, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ^ Proposed Ordinance 3 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 8, 2008 SUBJECT: AGENDA ITEM 10.F. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 ORDINANCE NO.OS-08 -SECOND READING ITEM BEFORE COMMISSION This item is before Commission for consideration of a rezoning from Special Activities District (SAD) to Open Space and Recreation (OSR) fora 0.72 acre City owned parcel, located east of the recently approved Midtown Delray mixed-use development (f.k.a. Bloods Hammock Grove) and west of Orchard View Park. BACKGROUND At the first reading on February 5, 2008, the Commission passed Ordinance No. OS-08. RECOMMENDATION Recommend approval of Ordinance No. OS-08 on second and final reading. ORDINANCE NO. OS-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING A PARCEL LOCATED EAST OF MIDTOWN DELRAY (FKA BLOOD'S HAMMOCK GROVES) AND WEST OF ORCHARD VIEW PARK, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2007"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2007, as being zoned SAD (Special Activities District); and WHEREAS, at its meeting of January 28, 2008, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of OSR (Open Space and Recreation) District for the following described property: That part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Commence at the Northwest corner of the Plat of Foxe Chase, according to the Plat thereof as recorded in Plat Book 38, Pages 1 and 2 of the Public Records of Palm Beach County, Florida; thence S 1 ° 07'33"E, along the West line of said Plat of Foxe Chase, a distance of 707.79 feet; thence S 88 ° 52'27"W, a distance of 500.00 feet to the point of beginning; thence continue S 88 ° 52' 27"W, a distance of 100.00 feet; thence N 1 ° 07' 33"W, a distance of 116.72 feet to a point on a curve concave to the East and having a central angle of 45 ° 00' 00" and a radius of 3 80.00 feet; thence northeasterly along the arc of said curve, a distance of 298.45 feet; thence N 43 ° 52' 27" E, a distance of 196.15 feet; thence S 1 ° 07'33"E, a distance of 14.12 feet; thence S 43 ° 52'27" W, a distance of 212.13 feet; thence S 1 ° 07'33" E, a distance of 360.00 feet to the point of beginning. Containing 31,424 square feet or 0.7214 acres, more or less. Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_. ATTEST City Clerk MAYOR ORD NO. OS-08 First Readi Second Reading ORD NO. OS-08 ~ar~d "a}~}~~oval ~the~~c>a#.`~is' c»isist~nt, ti~=tth the (~c~tt~~,re~er~ive fit~i~ and;~e~ts }~c ~r~deF ;dart .t"pans 2.~, ~)(` ~~ ~; ~~.: t d ~2evelq~~rne n~ REg~~x~i~, PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -~-STAFF REPORT-- MEETING DATE: January 28, 2008 AGENDA ITEM: Iv. A. ITEM : Rezoning from SAD (Special Activities District} to OSR {Open Space and Recreation) for the city-owned parcel lying west of Orchard View Park GENERAL DATA: OwnerlApplicant ....................... City of Delray Beach Location ...................................... Park Access Road right-of--way located between Bloods Hammock Grove and Orchard View Park Property Size .............................. Existing FLUM ........................... Proposed 1=LUM ....................•--.. Current Zoning....--• ....:................ Proposed Zoning ........................ Adjacent Zoning ................North: 0.7214 acres TRN (Transitional) No Change SAD (Special Activities District) - formerly Bloods Hammock Grove OSR (Open Space and Recreation) SAD (Special Activities District) - Midtown Delray East: OSR (Open Space Reserve) - Orchard View Park South: CF (Community Facilities) - Orchard View Elementary School West: SAD (Special Activities District) - Midtown Delray Existing Land Use ...................... Park Access Road right-of-way and park Proposed Land Use .................... No Change Water Service ......................... Nat Applicable Sewer Service ........................ Not Applicable ITEM BEFQRE THE BOARD The action before the Board is making a recommendation to the City Commission on a city- initiated rezoning from SAD (Special Activities District} to OSR {Open Space and Recreation), pursuant to LDR Section 2.4.5(D). The subject parcel is located east of the recently approved Midtown Delray mixed-use development {f.k.a. Bloods Hammock Grove} and west of Orchard Park and measures 0.7214 acres. Pursuant to Section 2.2.2 {E} (6} of the Land Development Regulations, the Planning and Zoning Board shall review and make a recammendation to the City Commission with respect to the rezoning of any property within the City. BAGKGROU`ND~_ANALYSIS _ _,_ J The annexation and initial zonings to accommodate a 10 acre elementary school and a 6 acre municipal park [CF (Community Facilities) for the school and OSR (Open Space and Recreation) far the park] were approved by the City Commission on March 22, 1994. On April 5, 1994, the City Commission approved a Condi#ional Use request for the school. The school (Orchard View Elementary} has been developed and the access road to the school bordered the west perimeter of the City's future park site to the north. On September 19, 1995, the City Commission approved on second reading Ordinance 51-95 which annexed and established an initia! zoning classification of SAD (Special, Activities District) for the 10.27 acre Blood's Grove Orchard directly to the west of the school- and future park, and included the subject property. On May 12, 1999, the Site Plan Review and Appearance Board approved a site plan for the 6 acre Orchard View Park. On December 11, 2007, the City Commission approved the Midtown Delray SAD rezoning which modified the original SAD ordinance to incorporate a new mixed-use developmen# containing 116 townhouse units and 29,571 square feet of medical .offices. During this review, it was discovered that a portion of the original SAD zoned properly {subject property} was being utilized for the access road to the park and school and as part of the established Orchard View Park. Now before the Board far action is a rezoning of the subject parcel from SAD to OSR to reflect the current uses. _ _ _ REQU RE.D FINDINGS _ _ ~ SECTION 2.4.5(D](5) -REZONING FINDINGS: Pursuant to LDR Section 2.4.5(D)(5), in addition to provisions of Chapter 3, the City Cammission must make findings that the rezoning fulfils at least one of the reasons listed: • The rezoning had previously been changed, or was originally established in error, Planning & Zaning Board Staff Red ` -Meeting of January 28, 2048 City-owned parcel lying west of Orc:,.ard Park -- Rezoning from SAD to OSR Page 2 • There has been a change in circumstances which makes the current zoning inappropriate; • The requested zoning is of similar intensi#y as allowed under the Future Land Use Map and is more appropriate for the property based upon circumstances particular to the site andlor neighborhood. The basis for which the rezoning should be granted relates to the second bullet paint above, as there has been a change in circumstances which makes the current zoning inappropriate. The subject parcel was created and separated from similarly zoned praperty to the west with the creation of the school and park access road in 1994. This change in circumstances makes the praposed zoning more appropriate as the parcel is now contiguous with the OSR site to the east. LAND DEVELOPMENT REGULATIONS CHAPTER 3 -PERFORMANCE STANDARDS: Pursuan# to LDR Section 3.1.1, prior to approval of Land Use applications, certain fndings must be made in a form which is part of the official record. This .may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall ~be made by the body which has the authority to approve or deny the development application. These findings relate to the Fu#ure Land Use Map (PLUM), Concurrdncy, Comprehensive Plan:: C9nsistency, and Compliance with the Land Development Regulations. ^ Future Land Use Ma :The resulting use of land or structures mus# 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. Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated, and said zoning must be consistent with the land use designation as shown on the Future Land Use Map (PLUM}. The subject property has a Future Land Use Map (PLUM) designation of TRN (Transitions!} and a proposed zoning designation of OSR (Open Space and Recreation) which are consistent with one another. The uses, activities, and characteristics of OSR are to be consistent with the Comprehensive Plan, suitable and comps#ible with surrounding existing developments, and with the proposed character of the area. The proposed use (park and school access roadway and park area) is consistent with the. adjacent development pattern of contiguous property to the east. Thus, positive findings can be made with respect to PLUM consistency. This standard has been met. ^ Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted Concurrency standards. No further development of the site is currently being proposed. The site will remain both an access tract and park area. Thus, a finding of Concurrency is not applicable. Planning & Zoning Board Staff Red ' -Meeting of January 28, 2008 City-owned parcel lying west of Orc,,,drd Park -Rezoning from SAa to OSR Page 3 © Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The proposed change will not have a negative influence on the stability of the surrounding area and is consistent with the development pattern of adjacent and contiguous properties. This change is not inconsistent with any objectives within the Comprehensive Plan. ^ Compliance with LDRs: Development under the requested designation will comply with the provisions and requirements of the Land Development Regula#ions. Whenever an item is identified elsewhere in these Land Development Regulations {LDRs}, it shall specifically be addressed by the body taking final action on a land development application/request. Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district regulations. At this time, no physical improvements are proposed. If and when improvements are made, a site plan review will be required. No concerns meeting the LDR requirements are anticipated. ^ Compatibility: The requested designation will be compatible with the existing and future land uses of the surrounding area. As discussed in the "Rezoning Analysis" section of this report, the adjacent properties include the proposed Midtown Delray development to the north and west, Orchard View Park to the east and Orchard View Elementary School to the south. The existing use {open space and recreation) is compatible with these uses. REZONING ANALYSIS Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR were previously discussed under the "Required Findings" section of this report. Compliance with the Land Development Regulations with respect to "Standards for Rezoning Actions and Rezoning Findings" are discussed below. Section 3.2.2 Standards for Rezonin Actions :Standards "B", "C", and "E" are not applicable with respect to this rezoning request. An evaluation of the applicable standards is discussed below: Standard "A" requires thaf fhe most restrictive residential zoning district That is applicable given existing development pafferns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a .different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied Planning & Zoning Board Staff Red ~ -Meeting of January 28, 2008 City-owned parcel tying west of Orc,~ ,drd Park -Rezoning from SAD to OSR Page 4 The subject parcel proposed for development is identified as "stable" on the Residential Neighborhood Categorization Map. The current zoning is SAD and the request before the Board is to change the zoning category to one identified in this standard. Further, the proposed zoning is more appropriate given its use and adjacent zoning categories. Standard "D" requires that the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following table identifies the zoning designations and land uses that are adjacent to the subject property: Adjacent Zonin Adjacent Land Uses: North SAD {Special Activities District) Midtown Delray West SAD {Special Activities District} Midtown Delray Easf OSR {Open Space and Recreation) Orchard View Park South CF Communit Facilities Orchard View Elementa School The zoning change will not hinder development or redevelopment of nearby properties. The existing adjacent land uses will not be negatively impacted by the proposed rezoning and it will not have a significantly detrimental effect upon the stability of the neighborhood, nor hinder development or redevelopment of nearby properties. As demonstrated above, this request does not result in an incompatible land use, thus, the proposed zoning request can be found to be in compliance with LDR Section 3.2.2(D}. REVIEW BY OTHERS The develapment proposal is not within a geographical area requiring review by the DDA {Downtown Development Authority) or CRA (Community Redevelopment Agency). Courtesy No#ices: A special courtesy notice was provided to the following homeowners andlor civic organizations: Neighborhood Advisory Council Rabbit Hollow • Verona Woods • Fox Chase • Shady Woods Andover • Spanish Wells • Oakmont Public Notices: Formal public notice has been provided to property owners within a 50a' radius of the subject property. Letters of objection andlor support, if any, will be presented at the Planning and Zoning Board meeting. Planning & Zoning Board Staff Rer ~ -Meeting of January 28, 2008 City-owned parcel lying west of Orc,,,drd Park -Rezoning from SAD to OSR Page 5 'ASSESSMENT AND' CONCLUSION Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings}, LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D){5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, rezoning the subjec# property from SAD {Special Ac#ivities District) to OSR (Open Space and Recreation} is recommended for approval, based upon the findings outlined herein. RECO'MMENDE~ ACTIONS' A. Move a recommendation of approval to the City Commission for the rezoning from SAD (Special Activities District) to OSR (Open Space and Recreation), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria -set forth in LDR Sections 2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land Development Regulations. B. Move a recommendation of .denial to the City Commission for the rezoning from SAD {Special Activities District) to OSR (Open Space and Recrea#ion}, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Sections 2.4.5{D){5), 3.1.1, and 3,2.2 of the Land Development Regulations. C. Move to postpone and continue the request to rezone the SAD (Special- Activities District} to OSR {Open Space and Recreation} with direction. _ _ _ STAFF RECQMi'ViENDATI4N Recommend approval to the City Commission of the rezoning from SAD (Special Activities District) to OSR (Open Space and Recreation), by adopting the findings of fact and law contained in the staff report- and finding that the request and approval thereof is consistenf with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Report prepared by: Candi N. Jefferson, Senior Planner Attachments: ^ Legal Description and Sketch ^ Zoning District Map • Location Map cNRrsr THE KING MONASTERY LAKEVIEW OF GOLF COURSE ST. CLARE VY LAKEVIEW DRIVE L PALM FOREST DRIVE NORTH ARELIA NORTH 4RIVE SHADYW000 RAY pRIVE GENTER S FORE53 F DRIVE SOUTH ARELtA ~ DR1VE SOU '^ r a o # w o: L I N TON B Q U L E V A R p o CANAL L-36 n SqN B ~~D ~Re~ AD!'~O TEMPLE DRIVE STA. GERM gNT~~'194I . ~ #5 R~q p 6L0550M DR. a z rn D PARK z n D LAKELAND DRIVE U o ORCHARD VIEW ~ ELEMENTARY ~ ~ SCHOOL ~ a o 0 VA HAFAMOCK ~ J t~Clq pR~~` n r a z N CITY OWNED PARCEL LYING WEST OF _'~'_ SUB~E~T ORCHARD VIEW PARK PROPEr~TY PLANNING DEPARTFAEN7 CFTY OF pELRAY BEACH, FL LOCATION MAP -- DlCITi4L 845E MAA SYSTF"M -- MAP REF: S:\Plonning do Zoning\DBMS\File-Cab\Z-t.hf 1001--1500\t.M105h_City Owned Porcel_West of Orch¢rd Pork Ch1RlST THE KING MONASTERY OF LAKE4AEW sr. CLARE GOLF COURSE O 4SR R-1~AA E L R-1-A A P ~ RAY O ~ CENTER PALM FORESF 4R1~ NORTH ARELIA pRl~ NORTH SHADYWOO ~ DRIVE FOREST DRIVE SOUTH ARELIA ~ OR1VE SOUTH k N~ O N ~ W K 4 4 ~ # W O ~ 4 B O U L E VAR b a CANAL L-3B Sq _ N g o OC~ OR~ M~Oj I ~E NO P ~ TEM PLE DR IVE SAD ~~ _ ~'~RM'~NT ~~ #5 R pgO BL OSSOM DR. ~ w R ` i; v < n z m m PARK CF z n b L AKEL AND D RIVE C ~'" v 1 ORCNARI3 1QEW ~ ELEMENTARY O A A SCNDOL ~ ~ v o 0 `~ ~A~C HAM MOCK J NCI pRti A ~ -1 r n z N CITY OWNED PARCEL LY[NG VILEST OF _'""~_ S~B~E~~ ORCHARD VIEW PARK PROPERFY PLANNENG 11E?ARTMENT ZONING MAP CITY OF DELRAY F3EACFE, fL -- O!GlTAC BASF MAP SYSTEM -- MAP REF: 5:\Planning &Zoning\DBMS\iile-Cab\7-LAi 1001--1500\LA11054_City Owned Parcel_West of Orchard ?ark ~~ ti C7'BR(Ehl, 5i.3~TER & C3'BRIE~i, ~ lNC. Land Surveyors 768i N, iFFp[RAL RiGN~'tAY pEfRhY dEaCN. fIORIRJ4 ~3~~3 DESCRIPTION; , ~1fiv ~ ~~.~v s"3 s iv ~{ aei~Ar r~~~so: 60YNiOr`[ ~32~7I?'9 'I`f1AT>F QF SECTION 2S, TOWNSHIP 4G SaU'I'F-I, RANGE dZ IrAST, P~1I..M I3EAC: f i CQY, RI:QA, DESCRIBED AS FpLLOVPS: ~-- CU A~ THE NORTHWEST CORNER OF THE PLAT pF Ff}~E CHASE, AGCY ~ . a THE PLAT THEREQF AS RIiCORUF.D IN PLAT SOC1K 38, PAGES ] AND 2 a~~tJBL~c RECORDS of PALM BEACH COUNTY FLORIDA; T~IENrE S.1°x7'33"I~~~NG'FNE WEST LINE GF SAII3 PLAT' OF F4.'CE TRACE= A DISTANCE QF 707.74 FI;I;T~ CE 5.88°52'2T'~l„ A DISTANCE OF SEJQ.(7C1 FEET T4 TFiE PaIN1' OF BEG ,, NCE CONIIlSUE S.88°52'27"W, A DISTANCE OF 24E3.40 FEET; Tf IENCE N.I°t)7~ ~ • ., A DISTANCE QF 116.72 FEET TQ A PAINT QN A LURVE C©NCAVE `~[? TAB SST AM3 HAVING A CENTRAL ANGLE CAF ~5°04~'(IA" AND A RArJIUS aF 380. f THENGE NORTHEASTERLY ALGNCx THE ARC QF SAID CURVE, A DISTAN ~ 98.5 FEET; THENCE N.43°52'2T'E., A DIS'€A~ICE OF t 4b. ! 5 FEE~';'HiENCE S.I 4~",.~'f A DISTANCE OF 14.12 FEET; THENCE 5.43°52'Z7"W., A IISTANCE QF 212. i3~~r~~NCE .5.1°07'33"E., A DISTANCE OF 36f1.Ot3 FEET Tip THE FDINT C3F BEG CONTAIIdiNG 31,424 SQLJ-A~~T QR 0.7214 ACRES MflItE QR LESS { ~~ ~~`r'° i {r` ~~ ~:~~~~ ~.~ ti ~~~~~~ SHEET • 1 a~ z n>lrtirr~ ~~ri nY '~`~"~""' ...4' • • ~ ~ ~ . VLW ^~ ~•T. tiI ~~ ~ ti._ti (~~ y~~ u LVV1'1t 1 7 4 L GGRR ~[ ~ ~Jr ~~ ~ r~ ~ ~~~ ~~ y ~A~~~Z ~~ . ~' ~~ ~~, !VD FES: ,ry ~ FNfS !S NOT A SEJI?V~'Y ?"HE WEST LINE C1F PLA 7' aF ' ~ ~ FQXE TRAG~' !S ASSUhlEfJ ?'O w, ;~ ~ ~,~~ - BEAR S.1°47'33 ~. rpRThWE"S7' CORNER f1F PLRT Off' F'UX~ I'RetCE ,.--~. .•,~' ~; J ti4 4 . ~ sf<Erc~ o~ aE.~c~~~r~oN ~. ~ ~~_ ~ . r .~v rs stsrFx a'r~eur ~t'.i+!uu~t,~. YEYDR ~ a1AAPfR f i31{ ' S-BB'S227~IY. roo.a~ ccwrxxx~r lsvrs aa3faG SLt1tR ~ 0~t7i 1rG ?7~~!'_ MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 8, 2008 SUBJECT: AGENDA ITEM 10.G. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 ORDINANCE N0.07-08 -SECOND READING ITEM BEFORE COMMISSION This item is before the Commission for a City initiated amendment to the Land Development Regulations (LDR) Section 2.4.3, "Submission Requirements", Subsection 2.4.3(K), "Fees", Subsection 2.4.3(K)(1), "Development Applications", to provide for an increase in certain development application fees. BACKGROUND At the first reading on February 5, 2008, the Commission passed Ordinance No. 07-08. RECOMMENDATION Recommend approval of Ordinance No. 07-08 on second and final reading. ORDINANCE NO. 07-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(K), "FEES", SUB-SUBSECTION 2.4.3(K)(1), "DEVELOPMENT APPLICATIONS", TO PROVIDE FOR AN INCREASE IN CERTAIN DEVELOPMENT APPLICATION FEES; 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 January 28, 2008, and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(K), "Fees", Sub-subsection 2.4.3(K)(1), "Development Applications", 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: (1)Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. (a) Comprehensive Plan Amendment $ 2,500 (b) Review of a ADA/DRI $ 3,640 Modification of a DRI $ 1,215 (c) Voluntary Annexation with Zoning $ 1,105 (4) (d) Rezoning of Land $ 2,000 (e) Modification of a SAD Ordinance to add a use or uses $ 2,000 (fJ Conditional Uses, New Application $ 1,500 Modification requiring Board Review $ 610 (g) Master Plans $ 1,215 (1) Master Plan Modification (5) (h) Formal review of a Sketch Plan [Section 2.4.1(B)] $ 610 (i) Similarity of Use $ 305 (j) Site Plan Review: Class I (Non-Impacting Modification) $ 110 Class II (Non-Impacting with Board Review) $ 225 Class III (Minor Modification) $ 550 (1) Class IV (Major Modification) $ 915 (1) Class V (New Submission) $ 1,215 (1) (k) Extension requests for a previously approved $ 610 conditional use or site plan {e~two e~fees~are required if both items are being extended for one project) (1) Plats Minor Subdivision Major Subdivision Plat Recording Fee (m) Abandonments Right-of--way General Easements $ 915 (1) $ 1,825 (1) (3) $ 750 $ 370 2 ORD. NO. 07-08 Specific Easements $ 185 (n) Master Sign Program $ 150 (o) Variances Board of Adjustment $ 500 Historic Preservation Board $ 250 (p) Formal interpretation by the Board of Adjustment $ 60 (per item) $ 60 (c~ Certificate of Appropriateness by Board Alterations and/or Repairs $ 60 (2) New Construction and Additions $ 555 (1) Demolition and Relocation $ 555 (r) Certificate of Appropriateness by Administrator $ 0 (s) Request for Historic Designation $ 60 (t) Hearing before the Board of Adjustment $ 60 (per item) $ 60 (u) Temporary Use Request involving City Commission $ 130 Action (v) Water Service Agreement Request - - without concurrent site plan $ 130 - - with concurrent site plan $ 0 (w) Land Development Regulations Text Change $ 1,500 (x) Waivers and Internal Adjustments $ 130 per request (6) $ 250 per request (7) (y) Appeals by Applicant $ 335 (8) (z) Advertising (9) (aa) Zoning Verification Letter $ 120 3 ORD. NO. 07-08 (bb) Single Family Overlay District Site Plan Review $ X58 1460 (1) (cc) Application Fee for In-Lieu Of and Public Parking Fee $ 225 (10) Requests NOTES: (1) Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, up to a maximum of $3,000 per project. (2) This fee shall be credited against any other processing fee which may be applicable to the request. (3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from time to time by Palm Beach County, payable to Palm Beach County. (4) Fee maybe waived by the City Manager, for properties that have already been developed, or for sites under one (1) acre in size. (5) Same fee that would apply for site plan modification. (6) For requests made during the site plan /master plan review process. (7) For requests made subsequent to the site plan /master plan review process. (8) Includes appeals of both administrative decisions and Board actions. (9) The Applicant shall be responsible for all advertising fees including newspaper publications. The applicant shall provide pre-addressed envelopes with the required postage for mailed notices. If the required advertising fees are not paid at least four days (4) prior to the hearing, the presiding body, shall postpone action on the application until such fees are paid. In the event such postponement results in additional mailing or publication costs, the applicant shall be responsible for the additional fees. (10)If approved, this fee will be credited toward the associated site plan modification. (ll) Recording fees of any documents shall be paid by the Applicant. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 4 ORD. NO. 07-08 Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200 ATTEST City Clerk First Reading Second Reading MAYOR ORD. NO. 07-08 ley rz~otio~, ~~}?rQ~e o~. fzzst zeac~z~~~?x~xt~~n~e ~~ ~7-t~3 for a C~~-xttated. atr~~~nt t~ ~ sand ~e~'eYo~it~~~~ he~~;u~atic~ns `~Cti~n 2.~.~flK?(~? re~arci~in~ increases a~ ~p~;ritic ~,a~d- 1~~~~e~op~ent a~~p~ict~t7eori,~ec~ t~y~ r3~c~ptir~g the ~t~Zfin~s .~f fact ~d la~~> cc~~ta~ined itz ~l~e sr.~f~ ~-c~o~t and it~ai~g teat °t3~e an~il~~rrt~rtf is ~~}i~zst~rit ~~~a1'~i "€i~e C:iz~tl~3reh~1? .~~~~ Matt anti .ti~zet~ c1'itexta 'mot fort~t~~i;i fieeti~in ~~~.5 (M~~~~~z~'S~in~~L7ev~to~xxiertf Re~ula~tio~~, PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JANUARY 28, 2008 AGENDA NO: IV. D. AGENDA ITEM: AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.3(K)(1) TO INCREASE SPECIFIC DEVELOPMENT APPLICATION FEES. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations (LDRs) to increase specific land development application fees pursuant to LDR Section 2.4.5(M). 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. BACKGROUND AND ANALYSIS During the process to change the fee schedule in 2003, the City Commission directed staff to process changes as needed every two years. In 2005, and again in 2007 LDR amendments were processed that increased the development application fees by 5%. In addition, the proposals, included significant adjustments for processes that were undervalued such as requests for zoning verification letters and included a new fee for a Certificate of Appropriateness (COA) as it related to demolitions, new construction and additions in historic districts that required Board review. In 2007 larger increases were also adopted for Amendments to the Comprehensive Plan, Rezoning, Amendments to the Land Development Regulations, Conditional Uses, Abandonment of rights-of-way and Variances. The proposed changes also included a new fee for advertising costs that required the applicant to pay for all the advertising costs, including newspaper publications, and to provide self-addressed envelopes with the required postage for mailed notices prior to the hearing before a Board or the City Commission. This is a common requirement of other municipalities. In 2007 an increase from $750.00 to $850.00 for review of single family homes within the North Beach/Seagate and Ocean Neighborhood Overlay Districts was also proposed to reflect increases proposed in the renewal contract agreement between the City and Urban Design Studio. This fee is directly passed through to Urban Design Studio and the City retains no fees for their review. This proposed amendment is to Section 2.4.3 (K)(1) which outlines the current fee schedules for "Development Applications" and is limited to two specific fees, the first relates to extension requests for previously approved projects which have both a conditional use and site plan approval and the second is to fees charged for review of single family homes in the North Beach and Seagate overlay districts. The first change would require a separate fee for both the Conditional Use extension request and Site plan extension request when associated with a single project. These extension requests require separate review, preparation of reports to two Planning and Zoning Board Memorandum Staff Report -January 28, 2008 LDR Text Amendment -Land Development Application Fees separate Boards, and staff preparation and presentation before each Board. Given this level of processing it appears appropriate to change a fee for each action. The second change increases the overlay fee commensurate with the addition of a concept plan fee. The current fee only covers what Urban Design Studio charges the City. No fees are submitted for City staff review, or transmittal of plans by Fed Ex to Urban Design Studio. The level of review and work is consistent with the concept plan review and this proposed change will increase the current fee by that amount. 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. RECOMMENDED ACTION By motion, recommend to the City Commission approval of the amendments to the Land Development Regulations Section 2.4.3(K)(1) regarding specific increases specific Land Development Application Fees, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: ^ Proposed Text PROPOSED TEXT AMENDMENT Section 2.4.2 Notice Requirements: The City Commission, the Planning and Zoning Board, and other Boards which are involved with the implementation of these Land Development Regulations shall conduct meetings and shall provide public notice of their tentative actions pursuant to this Section. All costs incurred by the City for advertising, providing notice and recording of any documents shall be paid by the Applicant. Section 2.4.3 (K) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. [Amd. Ord. 46-95 9/5/95] (1) Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. Fees amended by Ord. 47-07 10-16-07]; Ord. 44-07 9/18/07]; Ord. 25-07 8/21/07]; Ord. 49- 05 8/16/05]; Ord. 68-04 1/4/05]; Ord. 13-03 6/17/03]; Ord. 50-97 11/18/97]; Ord. 46-95 9/5/95] (a) Comprehensive Plan Amendment $ 2,500 (b) Review of a ADA/DRI $ 3,640 Modification of a DRI $ 1,215 (c) Voluntary Annexation with Zoning $ 1,105 (d) Rezoning of Land $ 2,000 (e) Modification of a SAD Ordinance to add a use or uses $ 2,000 (f) Conditional Uses, New Application $ 1,500 Modification requiring Board Review $ 610 (g) Master Plans $ 1,215 Master Plan Modification (h) Formal review of a Sketch Plan [Section 2.4.1(B)] $ 610 (i) Similarity of Use $ 305 (j) Site Plan Review: Class I (Non-Impacting Modification) $ 110 Class II (Non-Impacting with Board Review) $ 225 Class III (Minor Modification) $ 550 Class IV (Major Modification) $ 915 Class V (New Submission) $ 1,215 (k) Extension requests for a previously approved $ 610 conditional use or site plan {~~two eee-fees+s-are required if both items are being extended for one project) (I) Plats Minor Subdivision $ 915 Major Subdivision $ 1,825 Plat Recording Fee (m) Abandonments Right-of-way $ 750 General Easements $ 370 Specific Easements $ 185 (n) Master Sign Program $ 150 (o) Variances Board of Adjustment $ 500 (4) (1) (5) (1) (1) (1) (1) (1) (3) Planning and Zoning Board Memorandum Staff Report LDR Text Amendment -Land Development Application Fees Historic Preservation Board $ 250 (p) Formal interpretation by the Board of Adjustment $ 60 (per item) $ 60 (q) Certificate of Appropriateness by Board Alterations and/or Repairs $ 60 (2) New Construction and Additions $ 555 (1) Demolition and Relocation $ 555 (r) Certificate of Appropriateness by Administrator $ 0 (s) Request for Historic Designation $ 60 (t) Hearing before the Board of Adjustment $ 60 (per item) $ 60 (u) Temporary Use Request involving City Commission $ 130 Action (v) Water Service Agreement Request - - without concurrent site plan $ 130 - - with concurrent site plan $ 0 (w) Land Development Regulations Text Change $ 1,500 (x) Waivers and Internal Adjustments $ 130 per request (6) $ 250 per request (7) (y) Appeals by Applicant $ 335 (8) (z) Advertising (9) (aa) Zoning Verification Letter $ 120 (bb) Single Family Overlay District Site Plan Review $ ~a9 1460 (1) (cc) Application Fee for In-Lieu Of and Public Parking Fee $ 225 (10) Requests [Amd. Ord. 80-06 1/2/07 NOTES: (1) Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, up to a maximum of $3,000 per project. [Amd. Ord. 50-97 11/18/97]; [Amd. Ord. 46-95 9/5/95] (2) This fee shall be credited against any other processing fee which may be applicable to the request. (3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from time to time by Palm Beach County, payable to Palm Beach County. [Amd. Ord. 46-95 9/5/95] (4) Fee may be waived by the City Manager, for properties that have already been developed, or for sites under one (1) acre in size. [Amd. Ord. 50-97 11/18/97] (5) Same fee that would apply for site plan modification. [Amd. Ord. 50-97 11/18/97] (6) For requests made during the site plan /master plan review process. [Amd. Ord. 50-97 11 /18/97] (7) For requests made subsequent to the site plan /master plan review process. [Amd. Ord. 50- 97 11 /18/97] (8) Includes appeals of both administrative decisions and Board actions. [Amd. Ord. 50-97 11 /18/97] (9) The Applicant shall be responsible for all advertising fees including newspaper publications. The applicant shall provide pre-addressed envelopes with the required postage for mailed notices. If the required advertising fees are not paid at least four days (4) prior to the hearing, the presiding body, shall postpone action on the application until such fees are paid. In the event such postponement results in additional mailing or publication costs, the applicant shall be responsible for the additional fees. [Ord. 44-07 9/18/07]; [Amd. Ord. 25-07 08/21/07]; 2 Planning and Zoning Board Memorandum Staff Report LDR Text Amendment -Land Development Application Fees [Amd. Ord. 50-97 11 /18/97] (10) If approved, this fee will be credited toward the associated site plan modification. [Amd. Ord. 80-06 1 /2/07] (11) Recording fees of any documents shall be paid by the Applicant. [Amd. Ord. 25-07 08/21 /07] January 24, 2008 3 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 8, 2008 SUBJECT: AGENDA ITEM 10.H. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 ORDINANCE NO. 10-08 -SECOND READING ITEM BEFORE COMMISSION This ordinance is before the Commission to create Chapter 94, "Municipal Cemetery", of the Code of Ordinances by enacting Section 94.01, "Authority", to provide for rules and fees for the municipal cemetery. BACKGROUND At the first reading on February 5, 2008, the Commission passed Ordinance No. 10-08. RECOMMENDATION Recommend approval of Ordinance No. 10-08 on second and final reading. ORDINANCE NO. 10-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CREATING CHAPTER 94, "MUNICIPAL CEMETERY" OF THE CODE OF ORDINANCES BY ENACTING SECTION 94.01, "AUTHORITY", TO PROVIDE FOR RULES AND FEES FOR THE MUNICIPAL CEMETERY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City wishes to adopt rules and fees regarding the Delray Beach Memorial Gardens Municipal Cemetery. NOW, THEREFORE, SE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 94, "Municipal Cemetery', of the Code of Ordinances is created by enacting section 94.01, "Authority', to read as follows: CHAPTER 94. MUNICIPAL CEMETERY Sec. 94.01 AUTHORITY The City Commission shall adopt, by resolution, rules and fees providing for the regulation of the Delray Beach Memorial Gardens Municipal Cemetery Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or Ord be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon pas,sage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST: MAYO R City Clerk First Reading Second Reading ORD. N0.30-07 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: February 13, 2008 SUBJECT: AGENDA ITEM 10.I. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 RESOLUTION 06-08 -ADOPTING CEMETERY RULES, REGULATIONS AND FEES ITEM BEFORE COMMISSION Approval of the attached Resolution 06-08, which adopts rules, regulations and fees for the Delray Beach Memorial Gardens Municipal Cemetery. BACKGROUND The City has recently taken over the management of the cemetery and in that process, staff has determined that some of the rules, regulations and fees were out of date or not applicable. The attached rules, regulations and fees clarify the way the cemetery shall be operated as well as the fees charged. Certain provisions were added, such as restricting the sale of interment rights to individuals who, at time of sale, reside in the City, or are purchasing for a deceased resident of the City, or at the time of sale, are immediate family members of the resident to be interred; providing for the repurchase of burial rights by the City; providing for a presumption of abandonment after a period of 30 years with no contact from the owner; and providing for an extra fee if services extend beyond 4:00 p.m. Regarding the mausoleum, prices are dependent on the levels. The levels that are closest to the ground cost more. This is due to persons being able to actually reach or touch the crypts/niches of their loved ones. Staff is proposing changes to the price schedules for cemetery plots, opening and closing services and mausoleum crypts and niches. Surveys of area cemetery prices are also attached. If Commission agrees to change the prices, the price list in the proposed Rules and Regulations will be updated accordingly. RECOMMENDATION Approve Resolution 06-08. RESOLUTION NO. 06-08 A RESOLUTION OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE ATTACHED RULES, REGULATIONS AND FEES FOR THE DELRAY BEACH MEMORIAL GARDENS MUNICIPAL CEMETERY. WHEREAS, the City Commission of the City of Delray Beach, Florida, approves the attached rules, regulations and fees for the Delray Beach Memorial Gardens Municipal Cemetery. NOW, THEREFORE, SE IT RESOLVED SY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission hereby approves the rules, regulations and fees as set forth in the attached documents, see Exhibit "A", and dated February 19, 2008. PASSED AND ADOPTED in regular session on the day of , 2008. MAYOR Attest: City Clerk DELRAY BEACH MEMORIAL GARDENS MUNICIPAL CEMETERY RULES AND REGULATIONS 2/19/08 I II. General Provisions 1. Purpose and application 2. Definitions 3. Enforcement by Cemetery Manager 4. Admission to cemetery 5. Supervisory responsibilities of manager and funeral director 6. Control of work by City 7. Gratuities not to be accepted by employees 8. Disclaimer of liability 9. Amendments Interments and Disinterments 1. Application of governmental requirements 2. Interments on Sundays or holidays 3. Notice and application to manager required 4. Outer burial container 5. Instructions regarding location of spaces; orders given by telephone 6. Errors made by City may be corrected 7. Delays caused by protests 8. Manager not responsible for permits, embalming, or identity 9. Interment conditioned upon payment for lot 10. Interment of more than one body in grave 11. Interment of cremated remains 12. Interment in infants section 13. Disinterments and removals 14. Payment of service charges III. Ownership 1. Sale of Internment Rights 2. Cemetery prices 3. Rights of owners 4. Inalienability of cemetery lots 5. Transfers, assignments and repurchase 6. Change of address of owner 7. Presumption of Abandonment 8. Memorials, monuments, and markers IV. Cemetery Regulations and Rules of Conduct 1. Time grounds open 2. Decorum 3. Persons permitted 4. Use of walks required 5. Prohibitions 6. Traffic regulations 7. Decoration of cemetery plots and mausoleum I. GENERAL PROVISIONS 1. PURPOSE AND APPLICATION. For the mutual protection of all purchasers, and for the preservation of all lots, plots, crypts, and niches in the City of Delray Beach Memorial Gardens Municipal Cemetery, (hereinafter referred to as "Cemetery") these rules and regulations shall govern the ownership, use, and control of all lots, plots, crypts, and niches. Reference to these rules and regulations in the certificate of ownership or deed, or in the recorded plot shall have the same force and effect as if these rules and amendments were set out therein in full. The title to all land shown on the official plats of the Delray Beach Memorial Gardens Municipal Cemetery, recorded in Plat Book 1, page 34 as Delray Pine Ridge Cemetery, in Plat Book 24, page 77 as Delray Beach Cemetery of the public records of Palm Beach County, Florida, is vested in and shall remain vested in the City, a municipal corporation of the State of Florida. 2. DEFINITIONS. For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. "CASKET" A rigid container that is designed for the encasement of human remains and this is usually constructed of wood or metal, ornamented and lined with fabric. "CEMETERY" The City of Delray Beach Memorial Gardens Municipal Cemetery. "CEMETERY MANAGER" The City Parks and Recreation Director or his/her designee for cemetery on-site matters. "CEMETERY ARRANGEMENTS MANAGER" The City Clerk or his/her designee for sales, records, and research. "CERTIFICATE OF OWNERSHIP" The original conveyance given by the City to the original purchaser. 2 "COLUMBARIUM" A structure or building that is substantially exposed above the ground and that is intended to be used for the inurnment of cremated remains. "CREMATION" Any mechanical or thermal process whereby a deceased human body is reduced to ashes and bone fragments. "CRYPT~~ A space of sufficient size to accommodate at least one entombment in an above ground vault. "CRYPT -BELOW GROUND" Interment space in preplaced chambers, either side by side or multiple depth, covered by earth and sod and known also as "lawn crypts", "WeStffi1nSterS", Or "turf top" crypts. "ENTOMBMENT" The permanent disposition of a deceased person in a crypt, columbarium, sarcophagus, or niche within a mausoleum. "FUNERAL" or "FUNERAL SERVICE" The observances, services, or ceremonies held to commemorate the life of a special deceased human being and at which the human remains are present. "GRAVE SPACE" A space of ground in the cemetery intended to be used for the interment in the ground of human remains. "INTERMENT~~ The permanent disposition of the remains or cremains of a deceased person in earth burial. "LEGAL HOLIDAYS~~ Those annual holidays which are given by the City to its employees. "LOT" A numbered division as shown on the cemetery map, which consists of more than one plot. "LOT MARKER~~ A device made of concrete or suitable material, used by the City to locate corners of the lot or plot. "MANAGER ~ The City Parks and Recreation Director or his/her designee. "MARKER A memorial which does not extend above the ground. "MAUSOLEUM~~ A building or structure above ground for entombment in vaults, crypts, niches, columbariums, sarcophagi, or a combination of any one or more than one thereof. "MEMORIAL~~ A monument, marker, tablet, headstone, private mausoleum or tomb for family or individual use, tombstone, coping, lot enclosure, and surface burial vault, urn, crypt, and niche plates or bronze lettering on crypts or niches. 3 "MONUMENT~~ A tombstone or memorial of granite, which shall extend above the surface of the ground, used to identify a grave site and cemetery memorials of all types, including monuments, markers and vases. "NICHE" A compartment or cubicle for the memorialization or permanent placement of a container or urn containing cremated remains. "PLOT" A space of sufficient size to accommodate one interment in earth burial. "RESIDENT~~ A natural person having his or her place of residence within the City and having the intention to continue residing in the City for an indefinite period of time. "URN" A receptacle designed to permanently encase cremated remains. 3. ENFORCEMENT BY CEMETERY MANAGER. The Cemetery Manager shall enforce these rules and regulations, and may exclude from the Cemetery any person whose actions are not in compliance with these rules and regulations. The Cemetery Manager shall be in charge of the grounds and buildings, including the conduct of funerals, traffic, employees, plot owners and visitors, and shall supervise and control all operations of the Cemetery. 4. ADMISSION TO CEMETERY. The City reserves the right to compel all persons driving motor vehicles into the Cemetery to bring their vehicles to a full stop at the entrance and further reserves the right to refuse admission to the Cemetery grounds, and to refuse the use of any of the Cemetery or mausoleum facilities at any time to any person whom the Cemetery Manager determines is unwilling or incapable of abiding by these rules or the rules of general decorum. 5. SUPERVISORY RESPONSIBILITIES OF CEMETERY MANAGER AND FUNERAL DIRECTOR. (a) All funeral processions, on entering the Cemetery grounds, shall be under the direct control and supervision of the Cemetery Manager, providing that the funeral director of the funeral shall be present to conduct the burial services in accordance with the applicable Florida Statutes and these rules and regulations. (b) Once a casket containing a body is transported into the Cemetery, a funeral director or his embalmer, assistant, employee, or agent, is prohibited from opening the casket without the consent of the legal representatives of the deceased, or without a court order, or without a valid disinterment permit. 4 (c) All funeral directors, their representatives, and aides shall be responsible for transporting the remains of a deceased person from the funeral coach containing the deceased's remains to the grave or crypt. At least one person from the funeral director's staff shall be in attendance as a witness during interment or entombment of the deceased's remains. (d) Upon receiving an order from the owner of record to disinter human remains from a cemetery plot, the Cemetery Manager will direct the removal and final disposition of said human remains in the presence of a licensed funeral director. The Cemetery Manager or cemetery staff shall not perform removal or transfer of human remains in the absence of a licensed funeral director unless under order of the court. 6. CONTROL OF WORK BY CITY. (a) All grading, landscaping work and improvements of any kind, the care of plots, lots, crypts, and niches, all planting, trimming, cutting, and removal of trees, shrubs, and herbage, all openings and closings of plots, lots, crypts, and niches, and all interments, entombments, disinterments, and removals shall be performed by the City or a designated contractor under the supervision of the Cemetery Manager. (b) All improvements or alterations of lots, plots, crypts, and niches in the Cemetery shall be performed under the supervision of the Cemetery Manager. If any improvements and alterations are made without his/her written consent, he/she may remove, alter, or change the improvements or alterations at the expense o f the owner. The Cemetery Manager may also remove or change any improvements or alterations, at the owner's expense, if at any time, in his/her judgment, they become unsightly. 7. GRATUITIES NOT TO BE ACCEPTED BY EMPLOYEES. No person, while employed by the City, shall receive any fee, gratuity, or commission, except from the City, either directly or indirectly. 8. DISCLAIMER OF LIABILITY. The City shall take reasonable precaution to protect owners and the burial rights of owners within the Cemetery from loss or damage; but it expressly disclaims all liability for any loss or damage from causes beyond its control, damages caused by weather, an act of God, common enemy, thieves, vandals, strikers, intentional malicious action, explosions, invasions, insurrections, riots, civil disturbances, or order of any military, civil, or judicial authority. 9. AMENDMENTS. The City may exercise, and it hereby expressly reserves, the right at any time, or times, to adopt new rules and regulations or to amend, alter, or repeal any rule, regulation, section, paragraph, or sentence in these rules and regulations. 5 II. INTERMENTS AND DISINTERMENTS 1. APPLICATION OF GOVERNMENTAL, REQUIREMENTS. In addition to these rules and regulations, all interments, entombments, disinterments, and removals are made subject to the orders and laws of the applicable governmental authority. 2. INTERMENTS ON SUNDAYS OR HOLIDAYS. No interments, entombments, disinterments, removals, or interment services shall be permitted on Sunday or on any legal holiday except as permitted by the Cemetery Manager and upon the payment of applicable charges. 3. NOTICE AND APPLICATION TO CEMETERY MANAGER REQUIRED. (a) The Cemetery Manager shall be notified at least 24 hours prior to any interment or entombment and at least one week prior to any disinterment or removal except in case of emergency or court order. The Cemetery Manager may refuse to make an interment until a more expedient time if the remains arrive at the cemetery gate after 4:00 p.m., or if too many funerals arrive at the same hour. (b) The Cemetery Manager reserves the right to refuse interment or entombment in any plot, niche, or crypt and to refuse to open any burial or entombment space for any purpose if a written application by a qualified plot, crypt, or niche owner of record is not submitted to the Cemetery Manager. 4. OUTER BURIAL CONTAINER. Every earth interment shall be made enclosed in a concrete box, or in an outer wall of stone, concrete, or steel. An outer vault or box shall be of a type approved by the Cemetery Manager. 5. INSTRUCTIONS REGARDING LOCATION OF SPACES; ORDERS GIVEN BY TELEPHONE. (a) When instructions regarding the location of an interment space in a lot cannot be obtained, or are indefinite, or when the interment space cannot be opened where specified, the Cemetery Manager may at his/her discretion open it in such location of the lot as he/she deems best and proper, so as not to delay the funeral. (b) The Cemetery Manager shall not be held responsible for any order given by telephone, or for any error resulting from imprecise or improper instructions regarding the particular space, size, location, and memorialization in a lot, crypt, or niche where interment or entombment is desired. 6 6. ERRORS MADE BY CITY MAY BE CORRECTED. The City may correct any error made by it in making interment, disinterment, or removal, or in the description, transfer, or conveyance of any interment property, by cancelling such conveyance and substituting and conveying in lieu thereof other interment property of equal value and similar location as selected by the Cemetery Manager, or by refunding the amount of money paid on account of said purchase. If the error involves the interment of the remains of any person in a different location, the Cemetery Manager shall have the right to remove or transfer such remains so interred to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof. The Cemetery Manager shall also have the right to correct any errors made by placing an improper inscription, including an incorrect name or date, either on the memorial, marker, crypt, niche, or on the container for cremated remains. 7. DELAYS CAUSED BY PROTESTS. The City shall not be liable for any delay in the interment of a body resulting from a protest against the interment or from noncompliance with these rules and regulations. Under such circumstances, the Cemetery Manager has the right to place the body in a receiving vault until full rights have been determined. The Cemetery Manager shall be under no duty to recognize any protests of interments or entombments unless accompanied by supporting documentation, including, where applicable, a court order. 8. CEMETERY MANAGER NOT RESPONSIBLE FOR PERMITS, EMBALMING, OR IDENTITY. The Cemetery Manager shall not be responsible for obtaining interment or entombment permits or for the identity of the person sought to be interred, or the embalming of the body. 9. INTERMENT CONDITIONED UPON PAYMENT. No interment shall be permitted on or memorial placed in or on, any lot or plot in the Cemetery where the purchase price thereof has not been paid in full. 10. INTERMENT OF MORE THAN ONE BODY IN GRAVE. Not more than one body, or the remains of more than one body, shall be interred in any one grave or single crypt, except in the case of a mother and her infant, unless the grave has been purchased with the written agreement that more than one body or the remains of more than one body shall be interred therein; provided that proper identification is made of such interment or interments on one regulation marker. The space required for the interment of cremated remains shall be the standard plot size; however, the remains of two cremated decedents or one body with one cremated decedent may be interred in one plot. 7 11. INTERMENT OF CREMATED REMAINS. (a) The Cemetery Manager shall designate an appropriate section of the Cemetery for interment of cremated remains. Plots within this section shall be of appropriate size, and the cremated remains of only one deceased person may be interred in each plot. (b) Cremated remains of a deceased person must be contained in a metal, concrete, stone, marble, or granite container for earth burial If the cremated remains are in a container of wood, plastic, or other perishable material, the container shall be encased inside a concrete or metal vault for earth burial. 12. INTERMENT IN INFANTS SECTION. The Cemetery Manager shall designate an appropriate section of the Cemetery for interment of infant remains. Plots within the reserved section shall be of appropriate size to permit the interment of one infant less than one year of age. 13. DISINTERMENTS AND REMOVALS. (a) A body or cremated remains may be removed from its original lot or plot to a larger or better lot or plot, crypt, or niche in the Cemetery or mausoleum, where there has been an exchange or purchase for that purpose and where all fees and additional charges have been paid in full. (b) The Cemetery Manager shall exercise reasonable care in making a removal, but assumes no liability for damage to any casket, burial case, or urn incurred in making the removal. 14. PAYMENT OF SERVICE CHARGES. The charges for services in connection with an interment must be paid to the Cemetery Arrangements Manager a minimum of 72 hours prior to the closing of the grave. Charges for disinterments or removal must be paid at the time of issuance of the order for same. III. OWNERSHIP 1. SALE OF INTERNMENT RIGHTS (a) The sale of interment rights shall be restricted to individuals who, at time of sale, reside in the City, or are purchasing for a deceased resident of the city, or at the time of sale, are immediate family members of the resident to be interred. (b) Anon-resident with an already interred immediate family member is eligible to purchase a cemetery space for personal interment. Immediate family members are limited to spouse, children, grandchildren, mother, father, brother, sister, grandfather or grandmother, lawful guardian or dependent, of a person already interred. 8 (c) Any non-resident may purchase Mausoleum niches and crypt spaces. 2. CEMETERY PRICES. The prices for the Delray Beach Memorial Gardens Municipal Cemetery are set forth in Exhibit "A", attached hereto. 3. RIGHTS OF OWNERS. (a) Right of interment under owner's certificate of ownership or deed. At the time of purchase of a lot or plot, and at any time thereafter during the purchaser's lifetime, an owner shall execute a declaration of reservation specifically designating the persons entitled to be buried in the plot or in any or all of the plots in a lot, or vesting the right of designation for unreserved plots in a named person. Upon application by any person for interment of a body in a given burial space, the burden of proof as to the identity of the person to be interred rests upon the applicant. The Cemetery Manager is authorized to rely on the representations as provided in the application. (b) Right of interment in absence of owner's declaration of reservation. In the absence of a declaration of reservation, the order of interment shall be: (i) One burial space shall be forever reserved for the owner and for the owner's surviving spouse, if any. (ii) Lineal descendants of the owner, or owners, and their respective spouses. (iii) Parents of the owner, or owners. (c) Vested rights of owners. The burial rights of any owner shall be presumed to be the sole and separate property of the person named as grantee in the certificate of ownership or deed; provided, however, that the spouse of an owner shall have a vested right of interment of his/her body in any burial space conveyed to the other spouse, provided that such person shall remain the spouse of the owner or shall be the spouse at the time of the owner's demise. No conveyance or transfer of a lot or plot shall be made by a married owner without the joinder of the spouse. 4. INALIENABILITY OF CEMETERY LOTS. All lots, the use of which has been conveyed in a certificate of ownership or deed, are indivisible. Whenever an interment of the remains of a member, or of a relative of a member of the family of the record owner, or of the record owner, is made in a lot, the lot thereby becomes inalienable, and shall be held as set forth in the declaration of reservation. 9 5. TRANSFERS, ASSIGNMENTS AND REPURCHASE (a) Cemetery lots, plots, crypts and niches may be transferred and assigned providing that, upon such transfer, the City shall be paid the difference between the original charge for the lot, plot, crypt or niche and the current charge for such lot, plot, crypt or niche. (b) No transfer or assignment of any lot, plot, crypt or niche or interest therein shall be valid without the consent in writing of the City Manager. Transfer or assignment must be made upon forms provided by the City for this purpose. The original certificate or deed must be presented at the time application for transfer is made. (c) A fee of $50.00 shall be charged for a transfer of ownership in lots, plots, crypts and niches, which shall be paid prior to the City granting approval of the transfer. (d) An owner of a lot, plot, crypt or niche may only sell such lot, plot, crypt or niche to the City. If the City purchases the lot, which decision shall be in the City's sole discretion, the City shall pay to the owner the cost originally paid by the owner. The original certificate or deed shall be required for the repurchase. 6. CHANGE OF ADDRESS OF OWNER. It shall be the duty of the lot, plot, niche, or crypt owner to notify the Cemetery Arrangements Manager of any change in his/her post office address. Notice sent to a lot, plot, niche, or crypt owner at the last address on file in the office of the Cemetery Arrangements Manager shall be deemed sufficient legal notice. 7. PRESUMPTION OF ABANDONMENT. (a) There is hereby created a presumption that burial rights in the Cemetery have been abandoned when an owner of unused burial rights has failed to provide the Cemetery with a current residence address for a period of 30 consecutive years and the Cemetery is unable to communicate by certified letter with said owner of unused burial rights for lack of address. No such presumption of abandonment shall exist for burial rights held in common ownership which are adjoining, whether in a grave space, plot, mausoleum, columbarium, or other place of interment, if any such burial rights have been used within such common ownership. (b) Upon the occurrence of a presumption of abandonment, the City shall publish notice in a newspaper of general circulation in the County which shall provide the name of the owner and burial rights under the presumption of abandonment. If the owner or heir (who can prove ownership interest) fails to come forward within 30 days of such notice, the burial rights shall be presumed to be abandoned and the City may resell such burial rights. In the event the City sells such burial rights and the owner or heir then makes claim, the owner or heir shall only be entitled to a refund of the monies that were paid initially for the purchase of the burial rights. 10 8. MEMORIALS, MONUMENTS, AND MARKERS. (a) The placement, location, erection, and construction of all memorials, monuments, and markers within the Cemetery grounds shall be done subject to the approval and under the supervision of the Cemetery Manager. Whenever possible, all new memorials shall be located in line with those previously established, and all placements shall conform to the size of the plot or lot for which it is intended. (b) No memorials or monuments shall be permitted above ground in any section of the Cemetery grounds. IV. CEMETERY REGULATIONS AND RULES OF CONDUCT 1. TIME GROUNDS OPEN. The Cemetery grounds shall be open during the hours of 7:00 a.m. to 6:00 p.m. Monday through Sunday and such hours as may be extended at the discretion of the Cemetery Manager. 2. DECORUM. Strict decorum shall be observed at all times within the Cemetery grounds, whether set forth in these rules or not. 3. PERSONS PERMITTED. (a) Only authorized personnel and visitors, owners, and relatives shall be permitted in the cemetery and mausoleum grounds. (b) Children under 15 years shall not be permitted within the cemetery or its buildings unless accompanied by an adult. 4. USE OF WALKS REQUIRED. Persons within the cemetery and mausoleum grounds shall use only the avenues, walks, alleys, and roads. 5. PROHIBITIONS. (a) Interfering with plants or wildlife. All persons are prohibited from gathering flowers, either wild or cultivated, or disturbing trees, shrubbery, or plants, or feeding or disturbing the wildlife within the Cemetery or mausoleum grounds. (b) Refreshments. No person shall be permitted to bring food or refreshments within the Cemetery or mausoleum grounds. (c) Lounging on grounds. No one shall be permitted to sit or lounge on any of the grounds, graves, or monuments in the Cemetery or mausoleum. 11 (d) Littering. Littering is expressly prohibited anywhere within the Cemetery and its buildings. (e) Peddling or soliciting. Peddling of flowers or plants or soliciting the sale of any item is prohibited within the boundaries of the Cemetery. (~ Firearms. Possession of firearms is prohibited within the Cemetery except by duly authorized law enforcement agencies. (g) Notices and advertisements. No signs, notices, or advertisements of any kind shall be allowed in the Cemetery unless placed by the City. (h) Pets. Pets shall not be allowed on the Cemetery grounds. 6. TRAFFIC REGULATIONS. (a) No person shall drive any motor vehicle within the Cemetery grounds at a speed greater than is reasonable in light of any activity when occurring within the Cemetery, provided that no motor vehicle shall be operated at a speed greater than ten miles per hour. All motor vehicles shall be driven on the right side of the Cemetery roadway, and shall at all times remain on the paved portions of such roadways which are specifically provided for motor vehicle usage. No motor vehicles shall be parked or driven on or upon any pedestrian paths, walkways, or unpaved areas, nor parked or stopped adjacent to any open grave except in attendance for the services in connection therewith. (b) No bicycles or motorcycles shall be admitted to the Cemetery except such as maybe in attendance at funerals or on official business. 7. DECORATION OF CEMETERY PLOTS AND MAUSOLEUM. (a) No flower receptacles may be placed on any plot unless of approved material, size, and design. The Cemetery Manager shall have the authority to remove all floral designs, flowers, weeds, trees, shrubs, plants, or herbage of any kind, from the Cemetery or mausoleum as soon as, in the judgment of the Cemetery Manager, they become unsightly, dangerous, detrimental, or diseased, or when they do not conform to the standard maintained. The City shall not be liable for floral pieces, baskets, or frames in which, or to which, such floral pieces are attached, beyond the acceptance of such floral pieces for funeral services held in the Cemetery or mausoleum. The Cemetery Manager shall not be responsible for frozen plants, or herbage of any kind, or for plantings, damages by the elements, thieves, vandals, or by other causes beyond his control. The Cemetery Manager reserves the right to regulate the method of decorating plots so that a uniform beauty may be maintained. The Cemetery Manager reserves the right to prevent the removal of any flowers, floral designs, trees, shrubs, plants, or herbage of any kind, unless consent is given. (b) The placing of boxes, shells, toys, metal designed ornaments, chairs, settees, glass, wood, or iron cases, and similar articles upon plots shall not be permitted, and if so placed the Cemetery Manager reserves the right to remove same. 12 (c) No artificial flowers are permitted in or around mausoleum buildings. No flowers or attachment for same can appear on front of crypts or niches. All remembrances (flowers) must be placed in front of or near a particular crypt or niche and can remain for a maximum period of three days. After the third day, said flowers will be removed and disposed of. (d) No potted plants containing soil, perlite, or other loose materials are permitted in chapels or walkways in the mausoleum except for the holidays of Easter, Mother's Day, Father's Day, and Christmas. In those instances, the potted plants shall be removed within 48 hours after the holiday. 13 EXHIBIT "A" PLOTS Resident Non-Resident Infant Resident Infant Non-Resident OPENING & CLOSING~~ Resident Tues-Fri Non-Resident Tues-Fri Infant Resident Tues-Fri Infant Non-Resident Tues-Fri Resident Saturday Non-Resident Saturday Infant Resident Saturday Infant Non-Resident Saturday Cremains (no set up) Tues-Fri Cremains (with set-up) Tues-Fri Cremains (no set-up) Saturday Cremains (with set-up) Saturday PRICE $550.00 $850.00 $50.00 $ioo.oo $500.00 $500.00 $30.00 $60.00 $600.00 $600.00 $i3o.oo $i6o.oo $40.00 $ioo.oo $i4o.oo $200.00 ~~ Opening and Closing includes set-up with tent and or chairs, unless otherwise Indicated. If funeral services start or extend beyond 4:00 p.m., a fee of 100.00 per hour shall be charged until such service is concluded. Such fee shall be paid either prior to the funeral service (if scheduled to start or conclude beyond 4:00 p.m.) or within 10 days of receiving an invoice from the City. 14 MAUSOLEUM PRICE LIST SIDE BY SIDE LEVEL PRICE Sixth $3,640.00 Fifth $3,640.00 Fourth $4,040.00 Third $4340.00 Second $4340.00 First $4,040.00 TRUE COMPANION Sixth $3440.00 Fifth $3,440.00 Fourth $3,840.00 Third $4,i4o.oo Second $4,i4o.oo First $3,840.00 NICHES Twelfth $595.00 Eleventh $595.00 Tenth $595.00 Ninth $595.00 Eight $595.00 Seventh $795.00 Sixth $795.00 Fifth $795.00 Fourth $795.00 Third $795.00 Second $695.00 First $ 695.00 15 City of Delray Memorial Gardens Cemetery Price Proposal Plots Von-Resident Von-Resident Price % of existing price Proposed Price change change Adult $850.00 $935.00 $85.00 10% Infant $100.00 $110.00 $10.00 10% Resident Resident Price % of existing price Proposed Price change change Adult $550.00 $575.00 $25.00 5% Infant $50.00 $52.50 $2.50 5% Opening & Closing Adults Von-Resident Von-Resident Price % of existing price Proposed Price change change Weekdays (Tues.-Fri.) $500.00 $550.00 $50.00 10% Weekends (Saturday) $600.00 $660.00 $60.00 10% Tucsdav - S~rturd~iv $550.00 Vlond~iv $660.00 Adults Resident Resident Price % of existing price Proposed Price change change Weekdays (Tues.-Fri.) $500.00 $525.00 $25.00 5% Weekends (Saturday) $600.00 $630.00 $30.00 5% Tucsdav - S~rturd~iv $525.00 Vlond~iv $630.00 Infants Von-Resident Von-Resident Price % of existing price Proposed Price change change Weekdays ('Tues.-Tn.) ~bU.UU ~lUU.UU ~4U.UU 67% Weekends (Saturday) $160.00 $150.00 ($10.00) -6% Tucsdav - S~iturd~iv $100.00 Vlondav $150.00 Infants Resident Resident Price % of existing price Proposed Price change change Weekdays (Tues.-Fri.) $30.00 $50.00 $20.00 67% Weekends (Saturday) $130.00 $125.00 ($5.00) -4% Tucsd~iy - S~rturdav $50.00 Vlondav $125.00 remains on- esu ent on- esu ent rice o 0 existing price Proposed Price change change Weekdays (n setup) $40.00 $100.00 $60.00 150% Weekdays (with set-up) $100.00 $150.00 $50.00 50% Weekends (no setup) $140.00 $175.00 $35.00 25% Weekends (with set-up) $200.00 $200.00 $0.00 0% remains esi en esl en - - - rice o 0 existing price Proposed Price change change Weekdays (n setup) $40.00 $75.00 $35.00 88% Weekdays (with set-up) $100.00 $125.00 $25.00 25% Weekends (no setup) $140.00 $150.00 $10.00 7% Weekends (with set-up) $200.00 $225.00 $25.00 13% The newly proposed days/schedule with corresponding proposed fees (Mondays, and Tuesday through Friday) is highlighted in yellow. Openings and closings include set-up with tent. unless otherwise indicated. Miscellaneous -Markers and enbraved plates Charges are included in plot and mausoleum fees Mausoleum Price List Side by Side (double) Levels Sixth Fifth Fourth Third Second First Existing Prices Existing Prices At Need Preneed 4,660 3,640 4,660 3,640 5,050 4,040 5,425 4,340 5,425 4,340 5,050 4,040 Proposed change Proposed Change At Need to Non-Resident Preneed to Residential 4,660 3,640 4,660 3,640 5,425 4,340 5,425 4,340 5,050 4,040 5,050 4,040 True Comuanion (double - elon<~ated Levels Existing Prices Existing Prices At Need Preneed Sixth 4,300 3,440 Fifth 4,300 3,440 Fourth 4,800 3,840 Third 5,175 4,140 Second 5,175 4,140 First 4,800 3,840 Proposed change Proposed Change At Need to Non-Resident Preneed to Residential 4,300 3,440 4,300 3,440 5,175 4,140 5,175 4,140 4,800 3,840 4,800 3,840 Cremation Niches Existing Prices Existing Prices Proposed change Proposed Change Levels At Need Preneed At Need to Non-Resident Preneed to Residential Twelfth 714 595 714 595 Eleventh 714 595 714 595 Tenth 714 595 714 595 Ninth 714 595 714 595 Eighth 714 595 714 595 Seventh 714 795 714 795 Sixth 954 795 954 795 Fifth 954 795 954 795 Fourth 954 795 954 795 Third 954 795 954 795 Second 834 695 834 695 First 834 695 834 695 a~ a~ a~ a~ a~ a~ a~ a~ a~ a~ a~ a~ a~ a~ a~ a~ m m m m m m m m m m m m m m m m ~ rr L L L L L L ~ ~ ~ ~ ~ ~ L L L L L L L L L L i > > > > > > 0 ~ ~ ~ ~ ~ ~ U 0 0 0 0 0 0 - - - - - - O - O - O - O - O - O - O - O - O - O - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ M M M M M M W W W W W W M W M W M W M W M W M W M W M W M W MM W ~~ .NJ ~-I r^' ~1 ~ .~ ~ .. 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