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08-05-08 Agenda Reg
ëØÖÈÑÜË úÎÐÐÔÊÊÔÎÏ ðØØÉÔÏÖ ëèñøê ÷îë íèûñôú íüëéôúôíüéôîï éÈØÊÙÜÄ üÈÖÈÊÉ íèûñôú úîððøïé éÕØ ÍÈÛÑÔÚ ÔÊ ØÏÚÎÈËÜÖØÙ ÉÎ Î××ØË ÚÎÐÐØÏÉÊ ÆÔÉÕ ÉÕØ ÎËÙØË Î× ÍËØÊØÏÉÜÉÔÎÏ ÛØÔÏÖ ÜÊ ×ÎÑÑÎÆÊ úÔÉÄ êÉÜ×× ëØÖÈÑÜË ðØØÉÔÏÖ ÍÐ ÍÈÛÑÔÚ ÚÎÐÐØÏÉÊ úÎÐÐÔÊÊÔÎÏ ÙÔÊÚÈÊÊÔÎÏ ÜÏÙ Î××ÔÚÔÜÑ ÜÚÉÔÎÏ úÔÉÄ íÈÛÑÔÚ õØÜËÔÏÖÊ ÍÐ úÎÐÐÔÊÊÔÎÏ ÐØØÉÔÏÖÊ ÜËØ ÛÈÊÔÏØÊÊ ÐØØÉÔÏÖÊ ÜÏÙ ÉÕØ ËÔÖÕÉ ÉÎ ÑÔÐÔÉ ùØÑËÜÄ ûØÜÚÕ úÔÉÄ õÜÑÑöØÏØËÜÑÑÄ ËØÐÜËÒÊ ÛÄ ÜÏ ÙÔÊÚÈÊÊÔÎÏ ËØÊÉÊ ÆÔÉÕ ÉÕØ úÎÐÐÔÊÊÔÎÏ ÔÏÙÔÇÔÙÈÜÑ ÆÔÑÑ ÛØ ÑÔÐÔÉØÙ ÉÎ ÉÕËØØ ÐÔÏÈÉØÊ ÎË ÑØÊÊ éÕØ ðÜÄÎË ÎË ÍËØÊÔÙÔÏÖ Î××ÔÚØË ÕÜÊ ÙÔÊÚËØÉÔÎÏ ÉÎ ÜÙÓÈÊÉ ÉÕØ ÜÐÎÈÏÉ Î× ÉÔÐØ ÜÑÑÎÚÜÉØÙ ü íÈÛÑÔÚ õØÜËÔÏÖÊ üÏÄ ÚÔÉÔÃØÏ ÔÊ ØÏÉÔÉÑØÙ ÉÎ ÊÍØÜÒ ÎÏ ÔÉØÐÊ ÈÏÙØË ÉÕÔÊ ÊØÚÉÔÎÏ û úÎÐÐØÏÉÊ ÜÏÙ ôÏÌÈÔËÔØÊ ÎÏ ïÎÏüÖØÏÙÜ ôÉØÐÊ ×ËÎÐ ÉÕØ íÈÛÑÔÚ üÏÄ ÚÔÉÔÃØÏ ÔÊ ØÏÉÔÉÑØÙ ÉÎ ÛØ ÕØÜËÙ ÚÎÏÚØËÏÔÏÖ ÜÏÄ ÐÜÉÉØË ÆÔÉÕÔÏ ÉÕØ ÊÚÎÍØ Î× ÓÈËÔÊÙÔÚÉÔÎÏ Î× ÉÕØ úÎÐÐÔÊÊÔÎÏ ÈÏÙØË ÉÕÔÊ ÊØÚÉÔÎÏ éÕØ úÎÐÐÔÊÊÔÎÏ ÐÜÄ ÆÔÉÕÕÎÑÙ ÚÎÐÐØÏÉ ÎË ÙÔËØÚÉ ÉÕØ úÔÉÄ ðÜÏÜÖØË ÉÎ ÉÜÒØ ÜÚÉÔÎÏ ÎÏ ËØÌÈØÊÉÊ ÎË ÚÎÐÐØÏÉÊ ú ëØÖÈÑÜË üÖØÏÙÜ ÜÏÙ ÷ÔËÊÉ ëØÜÙÔÏÖ ôÉØÐÊ íÈÛÑÔÚ ÔÏÍÈÉ ÎÏ ÜÖØÏÙÜØÙ ÔÉØÐÊ ÎÉÕØË ÉÕÜÏ ÉÕÎÊØ ÉÕÜÉ ÜËØ ÊÍØÚÔ×ÔÚÜÑÑÄ ÊØÉ ×ÎË Ü ×ÎËÐÜÑ ÍÈÛÑÔÚ ÕØÜËÔÏÖ ÊÕÜÑÑ ÛØ ÜÑÑÎÆØÙ ÆÕØÏ ÜÖËØØÙ ÛÄ ÚÎÏÊØÏÊÈÊ Î× ÉÕØ úÔÉÄ úÎÐÐÔÊÊÔÎÏ êôöï ôï êõøøé íËÔÎË ÉÎ ÉÕØ ÊÉÜËÉ Î× ÉÕØ úÎÐÐÔÊÊÔÎÏ ðØØÉÔÏÖ ÔÏÙÔÇÔÙÈÜÑÊ ÆÔÊÕÔÏÖ ÉÎ ÜÙÙËØÊÊ ÍÈÛÑÔÚ ÕØÜËÔÏÖ ÎË ÏÎÏÜÖØÏÙÜØÙ ÔÉØÐÊ ÊÕÎÈÑÙ ÊÔÖÏ ÔÏ ÎÏ ÉÕØ ÊÕØØÉ ÑÎÚÜÉØÙ ÎÏ ÉÕØ ËÔÖÕÉ ÊÔÙØ Î× ÉÕØ ÙÜÔÊ ô× ÄÎÈ ÜËØ ÏÎÉ ÜÛÑØ ÉÎ ÙÎ ÊÎ ÍËÔÎË ÉÎ ÉÕØ ÊÉÜËÉ Î× ÉÕØ ÐØØÉÔÏÖ ÄÎÈ ÐÜÄ ÊÉÔÑÑ ÜÙÙËØÊÊ ÉÕØ úÎÐÐÔÊÊÔÎÏ ÎÏ ÜÏ ÜÍÍËÎÍËÔÜÉØ ÔÉØÐ éÕØ ÍËÔÐÜËÄ ÍÈËÍÎÊØ Î× ÉÕØ ÊÔÖÏÔÏ ÊÕØØÉ ÔÊ ÉÎ ÜÊÊÔÊÉ ÊÉÜ×× ÆÔÉÕ ËØÚÎËÙ ÒØØÍÔÏÖ éÕØËØ×ÎËØ ÆÕØÏ ÄÎÈ ÚÎÐØ ÈÍ ÉÎ ÉÕØ ÍÎÙÔÈÐ ÉÎ ÊÍØÜÒ ÍÑØÜÊØ ÚÎÐÍÑØÉØ ÉÕØ ÊÔÖÏ ÔÏ ÊÕØØÉ Ô× ÄÎÈ ÕÜÇØ ÏÎÉ ÜÑËØÜÙÄ ÙÎÏØ ÊÎ üùùëøêêôïö éõø úîððôêêôîï üÉ ÉÕØ ÜÍÍËÎÍËÔÜÉØ ÉÔÐØ ÍÑØÜÊØ ÊÉØÍ ÈÍ ÉÎ ÉÕØ ÍÎÙÔÈÐ ÜÏÙ ÊÉÜÉØ ÄÎÈË ÏÜÐØ ÜÏÙ ÜÙÙËØÊÊ ×ÎË ÉÕØ ËØÚÎËÙ üÑÑ ÚÎÐÐØÏÉÊ ÐÈÊÉ ÛØ ÜÙÙËØÊÊØÙ ÉÎ ÉÕØ úÎÐÐÔÊÊÔÎÏ ÜÊ Ü ÛÎÙÄ ÜÏÙ ÏÎÉ ÉÎ ÔÏÙÔÇÔÙÈÜÑÊ üÏÄ ÍØËÊÎÏ ÐÜÒÔÏÖ ÔÐÍØËÉÔÏØÏÉ ÎË ÊÑÜÏÙØËÎÈÊ ËØÐÜËÒÊ ÎË ÆÕÎ ÛØÚÎÐØÊ ÛÎÔÊÉØËÎÈÊ ÆÕÔÑØ ÜÙÙËØÊÊÔÏÖ ÉÕØ úÎÐÐÔÊÊÔÎÏ ÊÕÜÑÑ ÛØ ÛÜËËØÙ ÛÄ 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services to ex- offenders returning to targeted neighborhoods within the City of Delray Beach. M. MOTOROLA SERVICE AGREEMENT: Approve a service agreement between the City and Motorola in the amount of $122,960.88 providing that Motorola will service the City's portable radios and the equipment used for the City's dispatch system for FY 2009. Funding is available from various FY 2008-09departmental budgets. N. RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify reappointment of Mr. Peter Arts, Community Redevelopment Agency Representative (alternate member) and Mr. David Cook, Chamber of Commerce Representative (regular member) to the Parking Management Advisory Board for terms ending July 31, 2010. O. RESOLUTION NO. 30-08: Approve Resolution No. 30-08 assessing costs for abatement action required for the demolition of an unsafe structure located at 509 Curlew Road. INTERLOCAL AGREEMENT/PALM BEACH COUNTY:Approve an Interlocal Agreement between the City and Palm Beach Countyfor increased patrol of the waterways for manatee protection. Palm Beach County will reimburse the City in the amount of $82.50 per hour of patrolling for this project. Q. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a request for increased funding in the amount of $605.75 for a total of $37,130.00 for a housing rehabilitation project located at 712 S.W. 8th Court. Funding is available from 118-1924-554-49.20 (Neighborhood Services/Other Current Charges/Homeowner Subsidy). R. AMENDMENT NO. 2 TO INTERLOCAL AGREEMENT/PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM:Approve Amendment No. 2 to the Interlocal Agreement creating the Palm Beach County Workforce Development Consortium, allowing the consortium to provide direct services. S. AMENDMENT NO. 1 TO MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT/B.TCE, INC.: Approve Amendment No. 1 to the Municipal Golf Club and Lakeview Golf Club management agreement between the City and B.TCE, Inc. dated October 1, 2004 extending the contract to September 30, 2012. T. AMENDMENT NO. 1 TO THE TENNIS CENTER MANAGEMENT AGREEMENT/DUBIN AND ASSOCIATES: Approve Amendment No. 1 for the Delray Beach Municipal Tennis Center and Delray Swim and Tennis Club management agreement between the City and Dubin and Associates, Inc. dated October 1, 2004, extending the contract to September 30, 2012. U. PARKING LICENSE AGREEMENT/THE AVENUE BAR & GRILL d/b/a 32 EAST: Consider approval of a parking license agreement with The Avenue Bar & Grill d/b/a 32 East which amends the language in Paragraph 16, "Assignment" to provide that the agreement may be assigned with the express written consent of the City Manager or his/her designee; and also combines the agreements entered into on April 1, 2007 and April 1, 2008 to provide for one complete agreement V. LETTER OF AGREEMENT WITH THE ANTI-DEFAMATION LEAGUE (ADL)/DIVERSITY MAP PROTECT: Approve a letter of agreement with the Anti-Defamation League (ADL) for funding in the amount of $5,000.00 in order to proceed with the Diversity Map Project. W SPECIAL EVENT REQUEST/14TH ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: Approve a special event reauest to endorse the 14th Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held October 11-12, 2008 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F~ for the closure and use of N.E. 2nd Avenue from the alley iust north of Atlantic Avenue to approximately 400 feet north of NE 3rd Street, to utilize City Hall parking lot for vendor parking, to authorize staff support for traffic control and security contingent on the receipt of a hold harmless agreement and the certificate of liability insurance. X• SPECIAL EVENT REQUEST/9TH ANNUAL DOWNTOWN DELRAY BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a special event request for the 9th Annual Downtown Delray Beach Thanksgiving Weekend Art Festival to be held on November 29, 2008 through November 30, 2008 from 10:00 a.m. unti15:00 p.m., to grant a temporary use permit per LDR Section 2.4.60 for the use of N.E. 2nd Avenue from the alley iust north of Atlantic Avenue to approximately 400 feet north of N.E. 3rd Street, to utilize the City Hall parking lot for vendor parking, and to authorize staff support for traffic control, barricading, security, and Fire Inspector with the sponsor paying all overtime costs, contingent upon receipt of an executed hold harmless agreement and certificate of liability insurance. Y. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period .Tuly 14, 2008 through August 1, 2008. Z. AWARD OF BIDS AND CONTRACTS: 1. Bid award to BSA Corporation in the amount of $25,000.00 for the replacement of 5,400 1" x 1/4" bolts at the Tennis Stadium with stainless steel bolts. Funding is available from 334-4145- 572-46.90 (General Construction Fund/ Other Repair /Maintenance Costs). 2. Contract Award to .T.W. Chetham, LLC. in the amount of $215,396.00 for construction of the Environmental Services Department new entrance. Funding is available from 441-5161-536- 68.24 (Water & Sewer Fund/ESD-Access Rd/Property Ln). 3. Purchase award to Agilent Technologies in the amount of $17,950.50 for the purchase of a Gas Chromatography Mass Spectrophotometer Analytical Instrument Upgrade for the Water Treatment Plant's Compliance Lab. Funding is available from 442-5178-536-64.90 (Water & Sewer Renewal & Replacement Fund/Other Machinery and Equipment). 4. Purchase award to Digital Patroller in the amount of $48,625.00 for ten (10) digital in-car audio/visual recording systems for the Police Department. Funding is available from 334- 2111-521-64.90 (General Construction Fund/Other Machinery/Equipment). 5. Purchase award to Florida Bullet in the amount of $32,026.10 for the purchase of ammunition in preparation for next year's training and firearms qualifications for the Police Department. Funding is available from 001-2111-521-52.20 (General Fund/General Operating Supplies). 6. Purchase award to Mainline Supply Company in the amount of $42,767.20 for various piping materials to be installed by the City's in-house construction crew for the Palm Trail Neighborhood Water Main Improvement Project. Funding is available from 442-5178-536- 65.73 (Water & Sewer Renewal & Replacement Fund/Other Improvements/Palm Trail Neighborhood). 7. Purchase award to Fluid Conservation Systems in the amount of $21,630.00 for water main leak detection equipment. Funding is available from 442-5178-536-65.73 (Water & Sewer Renewal & Replacement Fund/Repair & Maintenance Service/Other Repair/Maintenance Cost . REGULAR AGENDA: A. WAIVER REQUEST/CEMEX/RINKER:Consider a waiver request for Cemex/Rinker, located at 1700 West Atlantic Avenue, from Code of Ordinances Section 54.06 ~)(2), which requires that total above ground fuel storage shall be less than 40,000 gallons and that no one above ground fuel tank be larger than 6,000 gallons at a site (15,000 gallons ~ro~osed). (Quasi-Judicial Hearing B. REQUEST FOR IN-LIEU PARKING SPACES/HAMMAD SHOPPES: Consider a request from Hammad Shoppes for the purchase of four ~) in-lieu parking spaces in the amount of $16,000.00 to accommodate the construction of additional interior floor area. Hammad Shoppes is located at 139 N.W. 5th Avenue. (Quasi-Judicial Hearing) C. CONDITIONAL USE REQUEST/CHURCH OF GOD OF DELRAY BEACH:Consider a conditional use request to allow the conversion of a two-story duplex residence to accommodate eight ~) meeting rooms for the Church of God of Delray Beach, located at 410 S.W. 2"a Street. (Quasi-Judicial Hearing) D. REVISIONS TO RISK MANAGEMENT POLICY: Consider approval of a revision to the Risk Management Policy regarding Bodily Injury, Property Damage & Worker's Compensation Claims and Litigation and Settlement Authority E. APPOINTMENT OF PERSON TO FILL UNEXPIRED TERM OF COMMISSIONER MONTAGUE: Appoint a person to fill the unexpired term of Commissioner Montague (Seat #4) until the March 10, 2009 Municipal Election. F. REQUEST TO ADVANCE COUNTY FUNDING/ROOTS CULTURAL FESTIVAL, INC.: Consider approval of an agreement between the City and Palm Beach County to provide advance funding in the amount of $10,000 for Roots Cultural Festival, Inc. which will be reimbursed to the City through a Palm Beach County grant. Funding is available from 001-1111-511-48.10 (General Fund/Special Events). G. APPOINTMENTS TO THE PLANNING & ZONING BOARD: Appoint four ~) regular members to the Planning & Zoning Board to serve a two ~) vear term ending August 31, 2010. Based upon the rotation system, the appointments will be made by Mayor Ellis (Seat #5), Commissioner Eliopoulos (Seat #1~, Commissioner Fetzer (Seat #2~, and Commissioner McDuffie Seat #3 . H. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint five ~) regular members to the Historic Preservation Board. Based upon the rotation system, the appointments will be made by Mayor Ellis (Seat #5~, Commissioner Eliopoulos (Seat #1~, Commissioner Fetzer (Seat #2~, Commissioner McDuffie (Seat #3) and Mayor Ellis (Seat #5~ L APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority (DDA) to serve a three ~) vear term ending .Tuly 1, 2011. Based upon the rotation system, the appointment will be made by Commissioner McDuffie (Seat #3). J. APPOINTMENT TO THE EDUCATION BOARD: Appoint one ~) regular member to the Education Board to serve an unexpired term ending .Tuly 31, 2009. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #11 K. APPOINTMENT TO THE BUDGET TASK FORCE: Appoint one ~) regular member to the Budget Task Force. Based upon the rotation system, the appointment will be made by Mayor Ellis Seat #5 . L. APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION:Appoint one (1) alternate member to the Public Employees Relations Commission to serve an unexpired term ending August 31, 2010. Based upon the rotation system, the appointment will be made by Commissioner McDuffie (Seat #3). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 28-08: Privately initiated amendment to the Land Development Regulations (LDR, by amending Section 2.2.6(D~, "Duties, Powers, And Responsibilities", Section 4.5.1(,1), "Historic Preservation Board To Act On Variance Requests", to provide that appeals of decisions of the Historic Preservation Board regarding variances shall be to the City Commission. B. ORDINANCE N0.31-08: An ordinance amending Chapter 51, "Garbage and Trash" of the Code of Ordinances by amending Section 51.01, "Definitions", Section 51.16, "Exceptions in Certain Areas and for Certain Types of Collection Services", Section 51.19, "Industrial and Hazardous Waste Disposal", Section 51.20, "Building Materials", Section 51.35, "Containers Required for Residential and Commercial Sites", Section 51.37, "Use of Other Units and Containers", to clarify certain definitions and terms regarding recycling and roll-off containers to provide that they are consistent with State Law and the City's Franchise Agreement; amending Section 51.45, "Construction and Demolition Sites", to provide for the Non-Exclusive Collection Of Construction and Demolition Debris and to provide for regulations governing such collection. C. ORDINANCE NO. 36-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) by amending Section 1.3.8 "Reconstruction Necessitated by an Act of God", Subsection (A) to provide for the ability to rebuild the pre-existing square footage as an additional circumstance in the event of destruction by an act of God. If passed, a second public hearing will be held on August 19, 2008. D. ORDINANCE N0.33-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) Section 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A~, "Defined" and Article 4.7 "Family/Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(p.), "Southwest Neighborhood Overlay District," to modify the description and provide for expansion of the Southwest Neighborhood Overlay District. If passed, a second public hearing will be held on August 19, 2008. E. ORDINANCE N0.32-08: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending Section 35.097, "Retirement Income, Basis, Amount and Payment",providing up to one ~) additional year of credited service for certain employees who elect to terminate City employment and retire on or before September 30, 2008. F. ORDINANCE NO. 34-08 (FIRST READING/FIRST PUBLIC HEARING):City initiated amendment to the Land Development Regulations (LDR) amending Section 4.6.7, "Signs", Subsection (H~, "Exempt Signs", Sub-subsection (10~, "Temporary Signs", to clarify when temporary non-commercial signs placed on the public right-of-way or on private property reduire the owner's permission. If passed, a second public hearing will be held on August 19, 2008 G RESOLUTION NO. 27-08/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/COMMUNITY LAND TRUST: Consider approval of Resolution No. 27-08 authorizing the City to transfer/sell City owned property, located at 315 S.W. 3rd Avenue, to be utilized for affordable housing~urposes, and approve Contract for Sale and Purchase between the City and the Delray Beach Community Land Trust, Inc. in the amount of $10.00. H. ORDINANCE NO. 35-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) amending Appendix "A", "Definitions", to provide clarification of the regulation pertaining to "Tree Trust Fund." If passed, a second public hearing will be held on August 19, 2008. (ALTHOUGH THIS ORDINANCE HAS BEEN ADVERTISED, IT HAS BEEN WITHDRAWN) 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 JULY 15, 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 6:00 p.m., Tuesday, July 15, 2008. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Brenda B. Montague Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Terrill Pyburn, Assistant City Attorney Lanelda D. Gaskins, Acting Deputy City Clerk 2. The opening prayer was delivered by Reverend Dan Hecker with Church of the Palms. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis stated Item 8.A., Acceptance of Water Easement Deed/N.E. 5t'' Avenue and Item 8.F, Ratification of Appointments to the Parking Management Advisory Board of the Consent Agenda have been removed from the Agenda. She noted the addition of Item 9.L., Change Order No. 2/BSA Corporation/City Hall Interior Renovations Proiect/IT Remote Building Proiect to the Regular Agenda by addendum. Mayor Ellis stated Item 9.M., Reconsideration of Appointment to the Downtown Development Authority has been moved to Item 9.H.H. of the Regular Agenda. Mayor Ellis stated Item 10.A., Development Agreement/Vista Del Mar, L.L.C., was removed from the Agenda. The City Attorney requested that Item 8.N., Review of Appealable Land Development Board Actions of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. 07/15/08 Mr. Fetzer moved to approve the Agenda as amended, 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. 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Workshop Meeting of July 8, 2008, 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. Mr. McDuffie moved to approve the Minutes of the Regular Meeting of July 1, 2008, seconded by Mrs. Montague. 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. 6. PROCLAMATIONS: 6.A. Recognizing and commending Carole R. Shetler for 34 years of dedicated service at the School District of Palm Beach County and her many contributions to the Delray Beach Community Mayor Ellis read and presented a proclamation hereby extending our heartfelt thanks and appreciation to Carole R. Shetler upon her retirement from the School District of Palm Beach County. Carole Shetler came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. Reco~nizin~ Lula Butler for her participation as a case study presenter in the Transforming Local Government Conference Lula Butler, Director of Community Improvement, stated her teammates who did the presentation were Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA) and Paul Dorling, Director of Planning and Zoning and they travel as a team. Mrs. Butler stated on an annual basis they write their best practices and submit them to the Innovation Group for consideration for presentations because they believe they are always on the cutting edge and this year they were successful in getting them to allow them to present on the Community Land Trust (CLT) initiative because they believe the partnership between the City, the CRA, and the CLT is a win-win and is a good example of how cities and non-profits can come together to do what is right in the City for its residents. -2- 07/15/08 7.B. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation The City of Delray Beach implemented the S.P.LR.LT. Quarterly Award Program in April 2006. The S.P.I.R.I.T. Program's main objective is to award the efforts of employees who provide outstanding quality service to the City of Delray Beach. Al Berg, Assistant Director of Community Improvement, presented a S.P.LR.LT. Award to Al Angulo, Code Enforcement Officer; Dot Bast presented a S.P.LR.LT. Award to Officer Jim Finley of the Police Department; and Amy Alvarez, Historic Preservation Planner, presented a S.P.LR.LT. Award to Michael Vinci, Assistant Planner. 7.C. RESOLUTION NO. 29-08: Approve Resolution No. 29-08 recognizing and commending Commissioner Brenda Montague for her dedicated public service to the City of Delray Beach. The caption of Resolution No. 29-08 is as follows: office). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA RECOGNIZING AND COMMENDING COMMISSIONER BRENDA B. MONTAGUE FOR HAVING SERVED THE CITY OF DELRAY BEACH WITH DISTINCTION AND DEDICATION. (The official copy of Resolution No. 29-08 is on file in the City Clerk's Mr. McDuffie moved to approve Resolution 29-08, 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. Mayor Ellis read and presented a resolution recognizing and commending Commissioner Brenda Montague for her excellent record of dedicated and faithful public service and extends the sincere thanks and appreciation of the citizens of Delray Beach for a job well done. Commissioner Montague gave a few brief comments and accepted her resolution. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.B. CONTRACT CLOSEOUT (C.O. NO. 7/FINAL)/CHAZ EQUIPMENT COMPANY, INCBLOCK 64 WATER MAIN IMPROVEMENTS PROJECT: Approve a Contract Closeout (C.O. No. 7/Final) in the amount of a -3- 07/15/08 $9,668.50 decrease and final payment in the amount of $11,314.57 to Chaz Equipment Company, Inc. for the completion of the Block 64 Water Main Improvements Project. Funding is available from 442-5178-536-65.33 (Water/Sewer Renewal and Replacement Fund/Other ImprovementsBlock 64). 8.C. CONTRACT CLOSEOUT (C.O. NO. HINAL)/RANDOLPH AND DEWDNEY CONSTRUCTION, INC./POMPEY PARK IMPROVEMENTS PROJECT: Approve a Contract Closeout (C.O. No. 2/Final) in the amount of a $462.62 decrease and final payment in the amount of $60,291.99 to Randolph & Dewdney Constructions, Inc. for the completion of the Pompey Park Community Center Improvements Project. Funding is available from 380-4150-572-62.61 (2004 G.O. BondBuildings/Pompey Park Expansion). 8.D. SUPPLEMENT NO. 3 TO SERVICE AUTHORIZATION NO. 2/CH2M HILL/POMPEY PARK BUILDING IMPROVEMENTS PROJECT: Approve Supplement No. 3 to Service Authorization No. 2 in the amount of $3,000.00 to CH2M Hill regarding the Pompey Park Building Improvements. Funding is available from 380-4150-572-62.61 (Parks & Recreation/Pompey Park Expansion). 8.E. AMENDMENT NO. 1 TO THE DISASTER RECOVERY INITIATIVE AGREEMENT/PALM BEACH COUNTY: Approve Amendment No. 1 to the agreement between the City and Palm Beach County for Disaster Recovery Initiative (DRI) funding of the extension of Mango Road/S.W. 7th Avenue project extending the deadline for completion to December 31, 2008. 8.F. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.G. RESOLUTION NO. 26-08: Approve and adopt Resolution No. 26-08 providing that the City of Delray Beach will apply to be designated as a Preserve America Community. The caption of Resolution No. 26-08 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING THAT THE CITY OF DELRAY BEACH WILL APPLY TO BE DESIGNATED AS A PRESERVE AMERICA COMMUNITY. (The official copy of Resolution No. 26-08 is on file in the City Clerk's 8.H. APPLICATION/COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM (CEDAP): Approve and authorize submission of an application to the Department of Homeland Security, Urban Area Security Initiative (UASI) for the "dTective Forensic Video Evidence Enhancement Clarification and Analysis System in an estimated value of $10,000.00 for the Police Department. Funding is available from 001-2115-521-46.20 (General Fund/Equipment Maintenance). -4- 07/15/08 8.I. LEASE AGREEMENT/T-MOBILE/TELECOMMUNICATIONS TOWER AT BARWICK PARK: Approve a lease agreement between the City and T- Mobile providing T-Mobile will pay the City a monthly rental fee of $1,800.00 with a 3% annual increase in the rental fee, plus 30% of the gross monthly rent received by T- Mobilefor each subtenant co-locating on the tower; and the City shall lease an area not to exceed 800 square feet to allow T-Mobile to construct a 90 foot stealth flagpole communications tower (monopole) at Barwick Park. 8_J. FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT/DELRAY BEACH FAMILY RECREATION AND FITNESS CENTER: Approve an agreement between the City and the Florida Department of Environmental Protection for a reimbursable grant from the Florida Recreation Development Assistance Program (FRDAP) in the amount of $61,025.00 and the City match of $20,342.00 for construction of the playground area at the Delray Beach Family Recreation and Fitness Center. Funding is available from 334-4148-572-68.44 (General Construction Fund/Other Improvements/Family Recreation Playground Area). 8.K SPECIAL EVENT REQUEST/10th ANNUAL GARLIC FESTIVAL: Approve a special event request for the lOt Annual Garlic Festival to be held on the grounds of Old School Square on February 13 -15, 2009, and to grant a temporary use permit per LDR's Section 2.4.6(F) for use of City rights-of--way to include NE 1st Avenue from Atlantic to the grass area at Old School Square, Swinton Avenue from Atlantic to NE 1st Street, the southwest section of the Old School Square parking lot, from 6:00 a.m., February 12 through midnight, February 15, 2009 and use of the Old School Square Parking Garage, CRA parking lots in Block 60, the City Attorney lot and the County Parking Garage and Library lots for event parking and authorize staff support for traffic control and security, EMS assistance, barricading banner hanging signage preparation and installation, site clean up and trash removal, City generator use, and waiver of the two (2) hour parking limit in the downtown area during the event; subject to the conditions outlined in the staff report. 8.L. SPECIAL EVENT REQUEST/5TH ANNUAL FAMILY FUN DAY AT POMPEY PARK: Approve a special event request for the St Annual Family Fun Day at Pompey Park co-produced by the Parks and Recreation Department and Roots Cultural Festival Inc. proposed to be held August 2, 2008 at Pompey Park from 4:00 p.m. to 11:00 p.m. and authorize staff support for security, trash removal and clean up assistance, trash boxes, use of the large City stage, City generator use, preparation and installation of event signage, and EMS assistance, if required by the Fire Department. 8.M. SPECIAL EVENT REQUEST/SAINT PATRICK'S DAY PARADE: Approve a special event request to conduct the 41st Annual Saint Patrick's Day Parade proposed to be held on Saturday, March 14, 2009 beginning with set up at 11:00 a.m., parade starting at 1:00 p.m. and ending at approximately 3:00 p.m. and event at Old School Square from 11:00 a.m. to 7:30 p.m., and to grant a temporary use permit per LDR's Section 2.4.6(F) for the use of Atlantic Avenue from Venetian Drive to NW 1st Avenue for the parade and Venetian Drive and Gleason Street for staging of parade entries; and to approve staff support for traffic control and security, barricading, trash -5- 07/15/08 removal, EMS assistance, use of a City generator, use of the small stage, assistance in obtaining the FDOT permit and to allow event signage to be put up 10 days prior to the event; subject to the conditions listed in the staff report. 8.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 30, 2008 through July 11, 2008. 8.0. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Berg Demolition, Inc. in the amount of $20,025.00 for the demolition of four (4) structures, subject to execution of the City's standard agreement and approval by the City Attorney. Funding is available from 118-1965-554-34.35 (Community Development/Other Contractual Services/LJnsafe Buildings/Structures). 2. Purchase award to Dell Corporation in the amount of $37,417.45 through Florida State Contract #250-000-03-1 for the purchase of additional disk storage space for the Storage Area Network (SANS). Funding is available from 334-6112-519-64.11 (General Construction Fund/Professional Services/Other Professional Services) and 441-5161-563-64.11 (Water and Sewer Fund/Professional Services/Other Professional Services). Mrs. Montague moved to approve the Consent Agenda as amended, 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. 9. REGULAR AGENDA: 9.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 30, 2008 through July 11, 2008. Mr. Eliopoulos declared a conflict of interest and stepped down from the dais. Mrs. Montague moved to approve and file the report, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. -6- 07/15/08 9.A. WAIVER REQUEST/ALOHA CLEANERS: Consider a waiver request to Land Development Regulations (LDR) Section 4.3.4(H)(6)(b)(2), "Special Landscape Setbacks", which requires a 10 foot landscape setback along Federal Highway in association with the Aloha Cleaners Development Proposal. Aloha Cleaners is located at 501 N.E. 2"d Street. (Quasi-Judicial Hearing) Mayor Ellis read the City of Delray Beach procedures for aQuasi-Judicial Hearing into the record for this item and all subsequent Quasi-Judicial items. Lanelda Gaskins, Acting Deputy 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 #2008-157 into the record. Mr. Dorling stated this waiver request is to LDR Section 4.3.4(H)(6)(b)(2) which requires a ten foot landscape strip along Federal Highway. The applicant came to the City with a modification to add a 1,243 square foot second story addition to Aloha Cleaners that would go directly above the first floor structure. He stated in the review of that development proposal this item was noted as anon-conforming situation and they requested a waiver. At its meeting of June 25, 2008, the waiver was considered by the Site Plan Review and Appearance Board (SPRAB) and they recommended approval of the addition as well as the waiver on a 4 to 0 vote. Mr. Dorling stated the required findings are made in the staff report and those are to LDR Section 2.4.7(B)(5). At this point, Commissioner Montague left the dais briefly. Francisco Perez-Azua, Applicant, stated he is present this evening to answer any questions the Commission may have regarding the project. 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. Pauline Moody, 609 S.W. 8t'' Avenue, Delray Beach, inquired about the ten foot landscaping and asked how this is set up. There being no one else from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. Mr. Dorling stated this is a waiver and the existing two foot landscape strip and any landscaping that exists within it he believes there is a hedge but there is no -7- 07/15/08 additional landscaping proposed at this point. He reiterated that this is a waiver to the ten foot width. Mr. Perez-Azua stated they plant and maintain the trees on that strip and there is a hedge as well. 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. McDuffie - Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.B. WAIVER REQUEST/WAL-MART: Consider a waiver request to Land Development Regulations (LDR) Section 4.6.9(D)(3)(a), "Point of Access to the Street System", which allows for a maximum driveway width of up to 36 feet (48 feet proposed) for Wal-Mart, located at 16205 South Military Trail (Quasi-Judicial Hearing) Lanelda Gaskins, Acting Deputy 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 #2007-368 into the record. Mr. Dorling stated this is a waiver request associated with a Class III site plan modification for the Wal-Mart project on Military Trail just south of Linton Boulevard. This is a waiver to LDR Section 4.6.9(D)(3)(a) that allows a maximum driveway width of 36 feet and the proposal is for 48 feet to accommodate four lanes. Mr. Dorling stated this configuration would allow for an exclusive right turn lane southbound, two left turn northbound and one right turn in and that requires the 48 feet. He stated this was to accommodate appropriate traffic circulation on site. At its meeting of March 26, 2008, the Site Plan Review and Appearance Board (SPRAB) approved the Class III site plan modification fora 2,843 square foot building addition which includes a new vestibule and enclosed loading dock to the existing facility. The applicant is proposing this improvement as well as some significant landscape improvements and lighting improvements associated with the Class III site plan modification. The required findings are made in the staff report and staff recommends approval at this time. -8- 07/15/08 Susan Motley, 200 E. Broward Boulevard, Fort Lauderdale (Attorney representing Wal-Mart), introduced the Project Engineer and the Traffic Engineer with Kimley-Horn. She made the staff report part of the record and reiterated that SPRAB did recommend approval of this. She stated this is the last approval for the renovations to the store to make it into a super center and hopes the community will be as pleased with it as Wal-Mart wants them to be. Ms. Motley stated they believe that this waiver for the driveway meets the City's code requirements for such a waiver and asked the Commission to approve it. 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. Fetzer moved to adopt the Board Order as presented, 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.C. WAIVER REQUEST/La CIGALE RESTAURANT: Consider a request for waiver of Land Development Regulations (LDR) Sections 4.6.7 (E)(3)(c)(2), "Allowed Totally in Standard Setback", governing the size and placements of signs related to the La Cigale Restaurant, located at 253 S.E. 5th Avenue. (Quasi-Judicial Hearing) Lanelda Gaskins, Acting Deputy 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. Mr. McDuffie stated he had a brief conversation with Michael Weiner regarding the makeup and the construction of the sign. Mrs. Montague stated she too had a brief conversation with Michael Weiner regarding the makeup and the construction of the sign. Mayor Ellis stated she received a voice mail from Michael Weiner and she was unable to return it. Mr. Eliopoulos stated he received a telephone call from Michael Weiner but did not talk to him and then they ran into each other in the lobby this evening. Lula Butler, Director of Community Improvement, entered the file into the record. She stated the item before the Commission this evening is consideration of a waiver to LDR Section 4.6.7(E)(3)(c)(2) governing the size and placement of signs as requested by the Agent representing La Cigale Restaurant. This restaurant is located on -9- 07/15/08 South Federal Highway and it has two entrances between the two Federal Highway pairs. Mrs. Butler stated there is an approved freestanding sign at each entrance and they are approved within regulations. On June 25, 2008, the applicant requested SPRAB's consideration to a waiver to the same section of the City code governing setback requirements which states that free standing signs may be located within the setback if the sign area is less than 20 square feet. The applicant is now requesting a waiver to increase the size of that sign to 28 square feet. The applicant's position is that the proposed sign change blends in aesthetically with the existing sign design and provides pertinent information to the customers of La Cigale. SPRAB supported the waiver request to the Commission by a vote of 5 to 0. Mrs. Butler stated generally with these types of waivers staff has to look at the sign and if the sign is redesigned could it come into compliance with the LDR's. She stated staff's opinion is that although it is a costly item for the applicant they could redesign the sign and come into compliance. Mrs. Butler stated LDR Section 2.4.7(B)(5) of the Land Development Regulations allows the Commission to grant waivers of this code, which governs signs, providing the Commission shall make a finding of fact based on one of the following: (1) the granting of a waiver shall not adversely affect the neighboring area, (2) shall not significantly diminish the provision of public facilities, (3) shall not create an unsafe situation, and (4) does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Staff recommends that the Commission deny this request because they believe that the sign could be redesigned to meet the Land Development Regulation requirements. Michael Weiner, 10 S.E. 1st Avenue, Delray Beach (Attorney with Weiner and Aronson, P.A.), noted in staff's presentation they told the Commission about the four requirements for waivers but it is not what is in the ordinances. He stated they have a policy that if someone could come up with a design then you do not deserve the waiver and this is not what the City's ordinances say. NIr. Weiner stated the applicant meets the four points (requirements for the waiver) and the City did not put his alternative design in the sign code. Mr. Weiner stated he understands this is a policy of staff but the applicant has been going through this before SPRAB and on numerous occasions staff has tried to convince them that this policy is not correct and that they should not go forward with it. NIr. Weiner stated staff wishes to stick with their policy and he respects that opinion but this is not what the City ordinances say. Mr. Weiner stated if the Commission would like to have a discussion with respect to the eleven letters they are adding to the sign he is more than happy to walk through the same presentation that they made before SPRAB. He stated they believe, under these circumstances, since this has just been a problem of the policy of staff and not what our ordinances really say that they meet the requirements for a waiver and therefore they should not reverse it. Mayor Ellis requested to here the presentation. -10- 07/15/08 Mr. Weiner stated the sign was before SPRAB on numerous occasions and they made comments on the sign. He stated they have made changes to the sign and this was their first proposal and they found that there was just too much information and they wanted a cleaner look. He stated they had a second proposal and found out it was too large and the third proposal is the one SPRAB approved with conditions that they agreed to having to do with the 253 on the side and cleaning it up even more. Mr. Weiner stated under the City's code sign regulations should be an effective means of communication and should be a way to attract sources of economic development and growth and should have fair enforcement (LDR Section 4.6.7). He stated it is not that you have to put in the smallest possible sign that you can design but to the contrary the City code says that they want you to effectively communicate and assist with economic growth and development and have fair and consistent enforcement. He stated there have been proposals for decreasing the right-of--way of the Federal Highway corridor. Mr. Weiner stated if the permanent improvements are made the setback for the sign will end up being much farther from the road than other commercial signs usually are in our area. He stated if the permanent improvements are not made then we are still faced with the problem that we have this wide roadway in terms of the substantial speeds of the traffic down this corridor. Mr. Weiner stated sign ordinances are designed to allow waivers and waivers are placed in the code to give some flexibility. He stated in some circumstances where there is a one-way road and maybe the street is going to become smaller or even if it remains the same size there are difficulties making that turn into the restaurant because of its design. 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. Pauline Moody, 609 S.W. 8t'' Avenue, Delray Beach, stated the restaurant is neat, clean and kept up and would like to know what is holding up the waiver. She stated the sign looks fine and does not understand what the problem is with the sign. Ms. Moody stated she agrees with Mr. Weiner regarding the theory of his sign and supports the waiver. There being no one else from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. There was no cross-examination. The following individuals gave a brief rebuttal. Lula Butler, Director of Community Improvement, stated the City's code provides that a sign can be located within the setback but it has to be under 20 square feet or lower. She stated the way the signs are measured is that staff squares off the copy and by adding the additional line of copy it actually makes the sign 28 square feet because they square it off. Mrs. Butler stated the location of the sign itself is fine; however, staff is concerned about the area of copy. -11- 07/15/08 The City Manager stated the agenda backup points out that the problem is really that we are granting a special privilege in this instance if this were to be approved and that the City would grant it in similar circumstances which all deals with the ten foot setback. The City Attorney stated this really has to do with where the sign is and if the sign is within that ten foot setback then the sign has to be 20 square feet. She stated if it was in back of that 10 foot setback it could be 28 square feet. the three flags. Mr. Eliopoulos stated this is the one that already had a waiver because of The following individual gave a brief rebuttal: Mr. Weiner stated Mrs. Butler's argument proves the argument that he made previously. He stated while they would like to see signs smaller they in fact allow waivers to get the signs larger. Mr. Weiner stated he respects the City Attorney but the words "special privilege" does not mean you have to find a precise sign that in fact was at this location in this place. He stated what you have to prove is that you use your waiver ordinance in order to give waivers two signs and that this would not be out of the ordinary. NIr. Weiner stated you could not grant a first one if everyone had to be exactly on point. Therefore, what you are talking about is whether or not there have been waivers granted for unique circumstances for signs. NIr. Weiner stated there is a unique circumstance in that the City is presently working on that road to either make it larger or at least to place it back in the position that it was. Mr. Weiner stated the Commission complained about the road because there is either traffic going too fast down it in which case they cannot recognize the signs or will be far more than the setback requirements from the street once the permanent improvements are put in. He stated logic dictates in his direction and stated (1) it is not in the ordinances to say it has to be the smallest sign, and (2) with respect to special privileges it is not that it has to be precisely on one that has to do with a setback on Federal Highway only that the Commission give sign waivers similar. The City Attorney corrected NIr. Weiner and stated that it is the same waiver not similar waivers. Mrs. Montague asked if this is the only request for this type of thing. Mrs. Butler stated this is the only establishment that has come forward with this at this time. The City Manager asked Mrs. Butler if she is aware of any other businesses up or down Federal Highway that have been granted size waivers to put in a larger sign in this setback. In response, Mrs. Butler stated she would have to research and noted that generally staff is able to work these things out and try to keep these things from coming to the Commission because they work with the applicant in redesigning these signs. The City Attorney stated the requirement is not so much that it would not result in a special privilege because the same waiver would be granted in that particular area which is really what the criteria is. The City Attorney stated if the Commission grants this waiver then they need to be prepared to grant other waivers of this type (i.e. -12- 07/15/08 bigger signs and setbacks) under similar circumstances on that corridor. She stated what this is really about and is not really about so much as what has been done in the past. Mayor Ellis stated the sign is difficult to see and if we do what we really hope and narrow Federal Highway down the sign will be even further back. Mayor Ellis stated she is in favor of the waiver for the sign. Mrs. Montague stated this could be an issue in the future and as we go through this twelve month period she suggested that staff look at language to modify this. She stated it is not just a matter of difficult economic times but it is a business surviving on Federal Highway and attracting business. Mrs. Montague stated she too will support this. Mr. McDuffie stated he would assume by these measurements that we exclude the street number and the street name from the sign. 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 adopt the Board Order as presented, seconded by Mrs. Montague. 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. At this point, the time being 7:21 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. DEVELOPMENT AGREEMENT/VISTA DEL MAR, L.L.C.: Consider a development agreement with Vista Del Mar, L.L.C. and associated Class V Site Plan for the property located at 64 South Ocean Boulevard. (Quasi-Judicial Hearing) The City Attorney stated this was an advertised public hearing and the development agreement for Vista Del Mar, L.L.C. will come back at a later time and will be re-advertised. 10.B. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (FY 2008 - 2009): Consider approval of the Community Development Block Grant (CDBG) Annual Action Plan required by the United States Housing & Urban Development Department (HUD) for utilization of federal grant funds. Lula Butler, Director of Community Improvement, stated this is the Annual Plan recommending the City's proposed use of funds for the Annual Community -13- 07/15/08 Development Block Grant Program. The public hearing is to be a requirement under the Federal regulations and it requires that the City hold two public hearings. One meeting is referred to as a Citizens Meeting held on June 16, 2008 hosted by the Neighborhood Advisory Council (NAC). Mrs. Butler stated at that time we invited all of the HOA's within the Community Development Block Grant (CDBG) target area and invited the non-profit partners to come and consider our proposed use of funds. She stated approximately 16 people came to the Neighborhood Advisory Committee Meeting to hear the proposed use of funds and there are no recommendations for changes other than what staff has proposed. The allocation this year is proposed at $576,634.00. Mrs. Butler stated staff is disappointed that the grant keeps being reduced every year and will be reduced again this year for the third consecutive year. Staff is limited to spending 20% of the grant for administration of their programs and this year staff proposes that $104,000.00 of that amount be used for administration. She stated they continue to support making sure that they have safe existing housing by allocating dollars for housing rehabilitation and their new program is their Neighborhood Enhancement Program where they provide for Neighborhood Pride Grants and other enhancements. Mrs. Butler stated this year they are going to bring back the "Paint up Delray" Program; they are allocatin~u $100,000.00 for new sidewalks in the Southwest neighborhood in support of the SW 12t Avenue improvements and MLK Drive; they will also shutter the second building at the Neighborhood Resource Center and they have put aside $25,000.00 for economic development and they may contract again with the TED Center or use it for some other business that comes before them for help; staff is limited to 15% of their grant for public service and this year that amount is $86,500.00. Mrs. Butler stated their agreements for public service will come back to the Commission under separate cover as separate items to be approved. Staff continues to want to support the Beacon Center and Mrs. Butler states she believes that it has a lot to do with the success that the City has received at Village Academy this year. Staff also supports the Urban League and Fair Housing. Mrs. Butler stated the proposed use of funds ($576,634.00) was advertised in a local newspaper and the public comment period was June 13-July 15, 2008 and staff has received no comments. Staff also posted the Annual Plan at the Delray Beach Library and at the Delray Beach Housing Authority. Mrs. Montague inquired about the budget total for fiscal year 2007/2008. In response, Mrs. Butler stated the budget was approximately$587,000.00 and the budget for fiscal year 2008/2009 has been reduced by 10%. Mayor Ellis declared the public hearing open. Pauline Moody, 609 S.W. 8t'' Avenue, Delray Beach, asked Mayor Ellis to repeat the Item number. Mayor Ellis stated the Item number is 10.B. There being no one else from the public who wished to address the Commission regarding the CDBG Annual Action Plan (FY 2008/2009), the public hearing was closed. -14- 07/15/08 Mr. Fetzer moved to approve the Community Development Block Grant (CDBG) Annual Action Plan (FY 2008-2009), seconded by NIr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; NIr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 17-08 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2008-1): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2008-1 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2008-1 includes: A. Text Amendments: Update Introduction and support data throughout all the Elements of the Comprehensive Plan as appropriate to reflect current conditions; update all maps as appropriate to reflect current city boundaries; update all maps and tables as appropriate; and, update the Goals, Objectives and Policies as required to modify partially completed or eliminate completed initiatives and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. ii. Future Land Use Element -Update existing land use and population data, including supporting maps and tables. a. Future Land Use Element -Update vacant land analysis. b. Future Land Use Element-Update Redevelopment Analysis section to reflect completion of all Redevelopment Plans. c. Future Land Use Element -Update descriptions for all land use categories to include intensities and densities. d. Future Land Use Element -Add new policies to achieve an appropriate mix of uses, direct resources to infrastructure improvements downtown, and explore additional downtown open space opportunities. e. Future Land Use Element -Add policies to affirm the City's continued commitment to workforce housing. £ Future Land Use Element -Add policies to develop design guidelines for the North Federal Highway area and evaluate -15- 07/15/08 the need for guidelines in the Congress Avenue Corridor and Four Corners Area. g. Future Land Use Element -Amendment to the Land Use Designation/Zoning Matrix table to add SAD, OS and OSR zoning districts to be consistent with additional Future Land Use categories. h. Transportation Element -Add new policy to designate the railroad parking lot, north of East Atlantic Avenue as a potential railroad stop for future passenger service on the FEC Railroad. i. Housing Element -Update Affordable Housing section to reflect new City initiatives. Housing Element-Add new policies to affirm the City's continued commitment to workforce housing. k Public Schools Facilities Element -Update element to reflect changes related to the second amendment to the Interlocal Agreement. B. Future Land Use Amendments Mab: City initiated Future Land Use Map amendment from County INST/18 (Institutional, with an underlying High Residential 18 units per acre) to City CF (Community Facilities) for Fair Oaks Center, located approximately 650 feet south of Linton Boulevard, and on the east side of LWDD E-3 Canal. The caption of Ordinance No. 17-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2008-1, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSNE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSNE PLAN AMENDMENT 2008-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A -16- 07/15/08 GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 17-08 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. Ron Hoggard, AICP, Principal Planner, entered the Planning and Zoning Department project file #2008-092 and #2008-091 into the record. Mr. Hoggard stated this is the Comprehensive Plan Amendment and mostly this is the EAR-based amendments from the Evaluation Appraisal Report that was done approximately 18 months ago adopted in December 2006. It includes all the changes that have happened since the last Evaluation Appraisal Report which was in 1996. Mr. Hoggard stated the Goals, Objectives, and Policies were reviewed during the EAR process. Also, the Planning and Zoning Board reviewed the Goals, Objectives, and Policies at a Workshop Meeting, and then there was a Regular Meeting and then the recommended adoption of the Plan transmittal last night. Mr. Hoggard briefly reviewed the proposed text changes to the Future Land Use Element, the Transportation Element, the Housing Element, the Public Facilities Element, the Coastal Management Element, the Conservation Element, the Open Space and Recreation Element, and the Public Schools Facilities Element. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Comprehensive Plan Amendment 2008-1, the public hearing was closed. Mr. Eliopoulos moved to approve Ordinance No. 17-08 (First Reading/Transmittal Hearing for Comprehensive Plan Amendment 2008-1), 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. 10.D. RESOLUTION NO. 25-08: Approve Resolution No. 25-08 establishing a budget for the Stormwater Utility Stormwater Management Assessments, Assessment Roll. System, establishing the rates for FY 2009 and certifying and adopting the Stormwater The caption of Resolution No. 25-08 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE -17- 07/15/08 STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITTED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 25-08 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Richard Hasko, Director of Environmental Services, stated there are no rate increases proposed for the stormwater utility budget. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 25-08, the public hearing was closed. Mr. Fetzer moved to adopt Resolution No. 25-08, 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.E. ORDINANCE NO. 28-08: Privately initiated amendments to the Land Development Regulations (LDR), by amending Section 2.2.6(D), "Duties, Powers, And Responsibilities"; Section 4.51(J), "Historic Preservation Board To Act On Variance Requests", to provide that appeals of decisions of the Historic Preservation Board regarding variances shall be to the City Commission. (REQUEST POSTPONEMENT TO A UG UST 5, 2008 D UE TO NEED FOR FURTHER AD VERTISING) The caption of Ordinance No. 28-08 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 2.2.6(D), "DUTIES, POWERS, AND RESPONSIBILITIES"; SECTION 4.51(J), "HISTORIC PRESERVATION BOARD TO ACT ON -18- 07/15/08 VARIANCE REQUESTS", TO PROVIDE THAT APPEALS OF DECISIONS OF THE HISTORIC PRESERVATION BOARD REGARDING VARIANCES SHALL BE TO THE CITY COMMISSION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 28-08 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. The City Attorney stated this was scheduled for a public hearing at this time but is being postponed to August 5, 2008 in the City Commission Chambers. Mr. Eliopoulos moved to postpone Ordinance No. 28-08 to August 5, 2008, seconded by NIr. 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. 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. inquiries. 11. The City Manager had no response to prior public comments and From the Public. ll.B.l. Mike McCleary, Fire-Rescue Department, read a brief statement into the record about what it is like to be a professional firefighter. He stated labor and management are forming a committee to look at some cost saving ideas and they have also worked very hard over the years to be competitive in their pay and benefits to attract and retain the very best firefighters they can. NIr. McCleary stated as everyone looks at ways to cut costs it is very important to remember that the main responsibility of all governments (Federal, State, and Local) should always be to protect its citizens and provide essential services before anything else. Mr. McCleary thanked Commissioner Montague for her service to the Commission and stated she has done a great job while she has been in office and will be missed. -19- 07/15/08 11.B.2. Cram Gerlach 4687 Holly Drive, Palm Beach Gardens, briefly spoke about the risks of being a firefighter and urged the Commission to work together to come up with ways to cut costs without cutting the firefighters' pension benefits. + 11.B.3. Susan Nelson, 13 N.E. 13th Street, Delrav Beach, expressed concern about the future of the Fire Department and stated she read in the newspaper that there are problems with the budget and the City is considering either cutting their pension or cutting back on training or maybe having the firefighters increase the payment that they make into the firefighters health insurance in some kind of way. She stated she feels it is very important to have the best trained and most qualified firefighters and paramedics that we can get. Ms. Nelson stated the City of Delray Beach will hire firefighters here and they will get trained and then find out that after they have been working for a while that they can do better by leaving and going to work somewhere else. She does not believe this is to the City's best interest and does not feel we should cut any pay and benefits from the firefighters so that the City of Delray Beach can keep the best firefighters here. 11.B.4. Alice Finst, 707 Place Tavant, Delrav Beach, stated in recently listening to the budget reviews this past month and recent discussions on the downtown shuttle she decided to ride the shuttle downtown from the tri-rail station to the beach. She stated they sat for 15 minutes waiting for the library beach shuttle to pass by to pick up people waiting at the Marriott Hotel across the street. In her opinion, Mrs. Finst stated it makes no sense that the bus goes down the same route as the existing bus. She stated there are two bus routes in the same place at the same time doing the same thing. Mrs. Finst stated her driver drives back and waits back at the tri-rail and it seems that he is driving 15 minutes on and 15 minutes off. She stated she does not understand why there is an additional route to the beach when there is already a route to the beach. Mrs. Finst suggested eliminating this library route because it would help in the budget process. She stated other ways the City could improve the shuttle service is through the literature and noted that the literature is totally unrelated to the shuttle. Mrs. Finst stated a better way would be to number the stops and number the things at the stops. She stated an item which would add to promoting the bus would be to have adequate marking on Congress Avenue into the shuttle area and at the tri-rail station. Mrs. Finst stated there is a sign there that reads "bus" but it does not read "shuttle". She stated another addition that would be nice and bring a lot of different groups together would be to have an audio tape running on the PA system in the bus directing riders to what is adjacent to the stops as well as what businesses and historic items are in the area. For example, Mrs. Finst stated that no one knows where Pineapple Grove is. Mrs. Finst stated by adding the details to the downtown part of the shuttle sign which might be "downtown shop and have fun shuttle" or something clever that would make people know that it was not just a shuttle but a shuttle where something was really happening she feels the shuttle could be made a destination place in Delray Beach. 11.B.5. Ilene Rose, 3315 Spanish Wells Drive `B", Delrav Beach, stated the other day she volunteered her time to take blood pressures and pulses of everyone that was going to be joining the fitness group spearheaded by Dot Bast. She stated while she -20- 07/15/08 was waiting for people to come in and get their blood pressure checked she stepped into the lobby of City Hall and was talking with Danielle Beardsley and noticed "SPIRIT" recognition letters and four of the letters are from residents saying how great the Fire Department is and approximately seven letters saying how great the Police Department is and one or two talking about how great a ribbon cutting ceremony was. She stated this is just a small example of letters the City has received from residents that have called 911 for Police or Fire and believes that the Police and Fire Pension should be saved. 11.B.6. Joe Liguori, Boynton Beach (Firefighter for the City of Delray Beach), stated there are firefighters present not just from Delray Beach and the reason everyone is here is to support the firefighters because they are a community and a family and they are here to say whatever you do to us you do to them. In his opinion, Mr. Liguori stated this would be a bad precedent to send the rest of the County. He stated if the City of Delray Beach is even considering cutting benefits or pensions from the firefighters then it will be thought about doing somewhere else. Mr. Liguori stated this is not a precedent they want to set. He stated when he attended the Hometown Meeting approximately 3-4 months ago 12 speakers got up and 10 out of those twelve asked the Commission not to cut benefits for Police and Firefighters and he feels it is pretty significant when 80% of people ask the Commission not to cut their benefits. At this point, the time being 8:04 p.m. the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 32-08: An ordinance amending Chapter 3 5, "Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending Section 35.097, "Retirement Income; Basis, Amount and Payment", providing up to one (1) additional year of credited service for certain employees who elect to terminate City employment and retire on or before September 30, 2008. If passed, a public hearing will be scheduled for August 5, 2008. The caption of Ordinance No. 32-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT", PROVIDING UP TO ONE ADDITIONAL YEAR OF CREDITED SERVICE FOR CERTAIN EMPLOYEES WHO ELECT TO TERMINATE CITY EMPLOYMENT AND RETIRE ON OR BEFORE SEPTEMBER 30, 2008; PROVIDING A GENERAL REPEALER CLAUSE; A -21 - 07/15/08 VALIDITY CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 32-08 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated the ordinance has changed slightly from what the Commission may have seen previously. The changes are that staff left in what was in there for the last year because there are people who are retired under the 2007 credited one year. Staff added additional language that says effective 2008 and once in every year thereafter the City Commission may allow a 60 day period of availability at the Commission's sole discretion for one year of additional credited service. She stated this way the ordinance does not have to be changed every year for those employees that are in the union. The City Manager stated as he mentioned in his cover memo the City did this last year and there were a number of employees that took advantage of it. He stated some positions the City did not replace and other positions the City replaced with employees at a lower salary. The City Manager stated this is a way of saving the City money and urged the Commission to approve this ordinance so that the City can offer it again this year to help the City in cutting its budget. Mayor Ellis asked if employees have until September 30, 2008 if they want to notify the City or does that have to be their retirement date. In response, the City Attorney stated the Commission really needs to set the window which is the 60 day period. The City Manager suggested that those employees who elect to retire early must do so no later than September 30, 2008. Mrs. Montague asked if this automatically takes places without the approval of the Commission every year. The City Manager stated the Commission would have to vote to open the window each year. Mr. Fetzer asked who would be eligible for this. The City Attorney stated no more than 30 years of service and employees can be 58 years of age (normal retirement age is 60) because if someone has 30 years of service it is not aged based. The City Attorney stated an employee cannot be in the Deferred Retirement Option Plan (DROP) Plan because you are already retired for pension purposes so you cannot get an additional credited service. The City Manager stated for the most part it is for people who are between the ages of 58-60 that can get the full retirement and not have it actuarially reduced and they have enough service for qualifications. Mr. Fetzer stated he supports the ordinance; however, philosophically he has a problem in offering the early retirement incentive to employees then planning to backfill that position. He stated he understands that we need this as a budget initiative to help us reduce some of the salary costs but he does not agree with backfilling positions. Mr. Eliopoulos stated the City's logic is that someone would be hired at a lower salary. The City Manager stated we are under great financial restraints this coming year as we were last year and it is much more likely that the position would be left open. -22- 07/15/08 The City Manager stated he would like to have the flexibility that some positions are pretty critical and it would be difficult to delete them but we do need to create some more vacant positions right now. Mr. Fetzer stated it should be targeted and should be managements' decision as to who gets the package. NIr. Fetzer stated in his opinion management ought to be able to target which positions we are not going to backfill and those should be the people that the City gives the early retirement incentive to. Mr. McDuffie asked if this covers all classes of employees. The City Manager stated it covers bargaining unit employees as well but it does not cover Police and Fire because they are in a separate pension plan and they have their own early retirement plan and they can get two years of credit. The City Attorney stated we need to bargain the impact of this with the general employees union before it affects them. Mayor Ellis stated she will support the ordinance as is. NIr. Fetzer stated he too will support the ordinance as well Mr. Eliopoulos stated he will support it and would like to see staff look into the different ways of looking at this because he feels it has to be common practice in the business world. NIr. Eliopoulos asked if the City being a governmental entity makes it prohibitive to do that. The City Attorney stated this is a governmental scenario so everything related to the pension (including any revisions) is done by ordinance. She explained this is not just developing a program as an incentive but this is a pension ordinance and has to apply to all of those that are covered under the pension plan. The City Attorney stated that does not mean that as a policy the City is not going to fill any of the positions that may become vacant but it needs to be applied equally. Mrs. Montague stated she would prefer to move this forward as a one year ordinance and have it brought back and examined next year. Mrs. Montague stated she objects to the language in the ordinance which states "once each year thereafter" and would like to see it brought back. The City Attorney stated the new language in subsection 4 states "effective in 2008 and once each year thereafter the City Commission may determine and may allow in their sole discretion a 60 day period of availability." Mrs. Montague stated she does not know where we are going in terms of this economy and she would approve it for another year but for year 3 she would like to take a look at it more closely. Therefore, she will support the ordinance but only effective in year 2008. The City Attorney stated if that is the case staff can add a different paragraph and basically state "effective September 1, 2008 through September 30, 2008 any eligible employee who elects the early retirement incentive and any employee age 58 or older who elects to terminate City employment and retire on or before September 30, 2008 shall receive up to one additional year of credited service at no cost to the employee for the purpose of calculating the employees normal retirement income providing that in no event shall any employees credited service exceed 30 years." Mrs. Montague stated this language she will support. - 23 - 07/15/08 It was the consensus of the Commission to support the new language. The City Attorney stated the language will be added to the ordinance. Mr. McDuffie moved to approve Ordinance No. 32-08 as amended, seconded by Mrs. Montague. 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. 31-08: An ordinance amending Chapter 51, "Garbage and Trash" of the Code of Ordinances by amending Section 51.01, "Definitions", Section 51.16, "Exceptions in Certain Areas and for Certain Types of Collection Services", Section 51.19, "Industrial and Hazardous Waste Disposal", Section 51.20, "Building Materials", Section 51.35, "Containers Required for Residential and Commercial Sites", Section 51.37, "Use of Other Units and Containers", to clarify certain definitions and terms regarding recycling and roll-off containers to provide that they are consistent with State Law and the City's Franchise Agreement; amending Section 51.45, "Construction and Demolition Sites", to provide for the Non-Exclusive Collection Of Construction and Demolition Debris and to provide for regulations governing such collection. If passed, a public hearing will be scheduled for August 5, 2008. The caption of Ordinance No. 31-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH" OF THE CODE OF ORDINANCES BY AMENDING SECTION 51.01, "DEFINITIONS", SECTION 51.15, "REFUSE COLLECTION RESERVED EXCLUSNELY IN CITY OR ITS CONTRACTORS", SECTION 51.16, "EXCEPTIONS IN CERTAIN AREAS AND FOR CERTAIN TYPES OF COLLECTION SERVICES", SECTION 51.19, "INDUSTRIAL AND HAZARDOUS WASTE DISPOSAL", SECTION 51.20, "BUILDING MATERIALS", SECTION 51.35, "CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL SITES", SECTION 51.37, "USE OF OTHER UNITS AND CONTAINERS", TO CLARIFY CERTAIN DEFINITIONS AND TERMS REGARDING RECYCLING AND ROLL-OFF CONTAINERS TO PROVIDE THAT THEY ARE CONSISTENT WITH STATE LAW AND THE CITY'S FRANCHISE AGREEMENT; AMENDING SECTION 51.45, "CONSTRUCTION AND DEMOLITION SITES", TO PROVIDE FOR THE NON-EXCLUSNE COLLECTION OF CONSTRUCTION AND DEMOLITION DEBRIS AND TO PROVIDE FOR REGULATIONS GOVERNING SUCH COLLECTION; PROVIDING A SAVING -24- 07/15/08 CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-08 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Lula Butler, Director of Community Improvement, stated staff has developed for the Commission's consideration as part of this ordinance the requirements for non-exclusive participation in the City of Delray Beach for Construction and Demolition Debris (C&D) roll-off services. Staff has provided for an application process, standards of performance, insurance requirements, etc. and all those things come into having the non-exclusive contract. Mr. Eliopoulos asked if this is modeled after other cities. In response, Mrs. Butler stated staff looked at the City of Hollywood, the City of West Palm Beach, Wellington and the City of Boca Raton. She stated most of this is similar to what Boca Raton has offered. Mrs. Montague asked if the fees are comparable. In response, Mrs. Butler stated the fees are comparable. Mr. Fetzer asked if staff feels that the fees established here will make the non-exclusive part of the C&D part of the contract where it will not impact our residential and commercial rates. He stated we are now going to add some fees to these non-exclusive providers and inquired if that will offset so that we do not have to impact the rates for our residential and commercial customers. Al Berg, Assistant Director of Community Improvement, stated it will not impact it and what staff has done is really open it up so that if you think you can get a better buy with someone else and if it is okay and they have a good reputation the City will go ahead and give it to them. Mr. Berg stated staff is asking fora $15,000.00 letter of credit so that everyone keeps within line and does not do any damage to the property. He stated with regard to residential they should get as good of a rate as they can with the competition. The City Manager stated based on the City of Boca Raton the revenue from this will more than offset the increase. Mrs. Butler stated staff expects a little more revenue this way and they expect to have four major companies participating and the City does not regulate their rates so they will compete on their own. Mr. Fetzer stated this is what they are trying to accomplish (non-exclusive but not drive the rates up for our other residential and commercial customers). Mr. McDuffie asked if there is any wording or language regarding the Green Task Force's concerns that they brought to the Commission about the Construction and Demolition (C&D) roll-off services being recycled and would like to make certain that these haulers are going to deliver to a facility that will recycle. Mrs. Butler stated staff did not mandate this in the ordinance; however, they can look into this. - 25 - 07/15/08 Mr. Eliopoulos stated he would like to caution the Commission about mandating something like that but would definitely strongly encourage it. Mrs. Montague suggested that the Commission put language in the ordinance "strongly encourage". Mayor Ellis stated this is a good thing and competition is the American way and the neighboring cities that have done this have found that the consumers tend to be the beneficiaries for these types of things. Mr. Fetzer moved to approve Ordinance No. 31-08 on FIRST Reading as amended to encourage Construction and Demolition (C&D) recycling, 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. At this point, the Commission moved back to Item 9.D. of the Regular Agenda. 9.D. PARHING LICENSE AGREEMENT/GAFFE LUNA ROSA, INC.: Consider approval of a parking license agreement with Gaffe Luna Rosa which amends the language in Paragraph 16, "Assignment" to provide that the agreement may be assigned with the express written consent of the City Manager or his/her designee; and also combines the agreements entered into on April 1, 2007 and April 1, 2008 to provide for one complete agreement. Terrill Pyburn, Assistant City Attorney, stated staff combined the agreement from April 1, 2007 with the amendment from April 1, 2008 and changed paragraph 16 to provide that the City Manager may expressly permit the owner to assign the contract in the event the restaurant changes ownership without the agreement coming back before the City Commission. Mr. Eliopoulos moved to approve the Parking License Agreement with Gaffe Luna Rosa, 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. 9.E. RESOLUTION NO. 28-08: Consider approval of Resolution No. 28-08 amending Resolution No. 67-07 which created the Green Task Force in order to provide an extension of time to November 27, 2008. The caption of Resolution No. 28-08 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION 67-07, WHICH CREATED THE GREEN TASK FORCE IN ORDER TO PROVIDE FOR AN -26- 07/15/08 EXTENSION OF TIME; PROVIDING AN EFFECTNE DATE. (The official copy of Resolution No. 28-08 is on file in the City Clerk's office.) Richard Hasko, Director of Environmental Services, stated members of the Green Task Force are requesting the extension of time for the Task Force to November 27, 2008. Mr. Hasko stated the Task Force spent an inordinate amount of time early on reviewing the single stream versus dual stream recycling issues to make that individual recommendation. Within the last month, the Green Task Force has lost a member and a new member has been appointed and there are issues that they feel are very important to accomplish in terms of some public input to come to a conclusion and finalize the recommendations that they are going to bring forward to the Commission. Mrs. Montague moved to approve Resolution No. 28-08, 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. 9.F. SPONSORSHIP REQUEST/FLORIDA TRUST FOR HISTORIC PRSERVATION 2009 CONFERENCE: Consider a request for funding a sponsorship of the Florida Trust for Historic Preservation 2009 State Conference to be held in Palm Beach County. Funding is available from 001-1111-511-34.90 (General Fund/Other Contractual Services). Paul Dorling, Director of Planning and Zoning, stated this is for consideration of funding to sponsor the Florida Trust for Historic Preservation 2009 State Conference to be held in Palm Beach County. Mr. Dorling stated this is the 31st Annual State Conference and Palm Beach County was chosen for 2009 in celebration of the County's centennial. He stated the City of Delray Beach along with other cities within the County as well as the County has been asked to consider supporting the Florida Trust by sponsoring the conference. In 2004, the subject conference was held in Delray Beach and the City donated $10,000.00. Staff recognizes the budget conditions have changed from 2004 and staff recommends a funding level of $5,000.00 which is a platinum sponsor. The City of West Palm Beach has sponsored at the level of $10,000.00 ($5,000.00 cash and $5,000.00 in-kind services) and the Palm Beach County Board of County Commissioners has donated $15,000.00. Mr. Dorling stated there is an option to split the sponsorship with in-kind services and a cash contribution if that is the desire of the Commission. Mayor Ellis asked what type of in-kind services they are using. Mr. Dorling stated West Palm Beach is not committed to the specific in-kind services. As a recommendation, we could utilize the shuttle service for some sort of in-town local tour(s). Mr. Dorling stated the City could provide printing assistance for maps and brochures that sponsor and promote the City or it could be a combination of those (i.e. presentation assistance with equipment for any of the facilities that eventually end up in the City or in West Palm Beach at the County level). Staff has not finalized that nor has -27- 07/15/08 West Palm Beach. Mrs. Montague stated with the City's commitment to historic preservation she would like to see the City participate. However, she would recommend $2,500.00 in cash and $2,500.00 for in-kind services. She states she realizes we are in difficult economic times but some things we still need to pursue. Mr. Eliopoulos stated he agrees with the in-kind services and the $2,500.00. Mr. McDuffie stated he too feels the City should participate but contribute a lesser amount. Mr. McDuffie moved to approve the sponsorship request for the Florida Trust for Historic Preservation 2009 State Conference to be held in Palm Beach County with $2,500 in cash and $2,500 for in-kind services, seconded by Mrs. Montague. 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.G. FILLING UNEXPIRED TERM OF COMMISSIONER MONTAGUE: Provide direction regarding the process for filling the unexpired term of Commissioner Brenda Montague. Mayor Ellis stated in looking at how this has been handled in the past and what our options are she is recommending that as of today we make it known that anyone who is interested in being appointed to this position send us a letter of interest along with a resume that be directed to the City Manager's office where copies will be made and distributed to the City Commission and that the letters of interest and resumes should be in the City Manager's office by the close of business on July 22, 2008. Mayor Ellis stated there will be a Workshop Meeting for the Budget on July 22, 2008 and she proposes that the City Commission do due diligence and can talk or interview with any of the applicants that the Commission receives interest from and be prepared for a Special Meeting on Tuesday, July 29, 2008 to have ranked the top three choices for the appointment to disposition. Mayor Ellis stated this will be a special item on the Agenda and these will be forwarded to the City Attorney who will tally the votes and hopefully there will be a consensus. If there is not a consensus, the Commission would have the option to discuss it and would also have the opportunity to postpone it to the next regular City Commission Meeting of August 5, 2008. Mr. Fetzer stated as he understands the Charter the City Commission has to have an appointment finalized by August 19, 2008 without a Special Election. He stated he feels the goal of the Commission should be to get this done without a Special Election the City does not need the extra cost with all the budget issues right now. Also, if the Commission appoints someone to this office they would have to run for re-election in March 2009 for the remaining one year on that term. The City Attorney stated whoever runs it will be for the remaining one year on that term. Mr. Fetzer expressed concern that July 22, 2008 is one week from tonight and he is not sure if this is adequate - 28 - 07/15/08 time to receive applications. He stated his preference is to allow two weeks to receive applications because he feels this would allow the Commission time to review the applications and talk to these people and act on it August 5, 2008. Mayor Ellis stated everyone knows that Mrs. Montague is leaving and those who are interested have probably already expressed that interest. She stated the Commission has a lot of work to do and prolonging it is not in the best interest of the Commission or the citizens' best interest. Mayor Ellis stated she is not expecting a flood of applications; however, if this should turn out to be the case then on July 29, 2008 if the Commission decides to they can postpone it until August 5, 2008. Mayor Ellis stated this will be publicized with a press release. She stated it has been done like this in the past and feels this is sufficient time. Mr. Eliopoulos stated it will be difficult for him because he will be out on vacation while the applications are coming in. He stated he would support placing this item on Tuesday, July 29, 2008 because he will be back from vacation then and then make a decision at the meeting of August 5, 2008. Mr. Fetzer stated he would support having the letters of interest and resumes due to the City Manager by July 29, 2008 and this will actually be discussed and decided at the August 5, 2008 meeting. NIr. McDuffie stated because Commissioner Eliopoulos will be out on vacation he feels more comfortable with this timeframe as well. Mayor Ellis stated she would like to make sure that it is made clear that all of the applications must go through the City Manager's office so that they can be logged in and get distributed to the Commission properly. The City Attorney stated at the meeting each Commissioner will have a piece of paper with the applicants and they will rank them (top three choices) and this will become part of the public record that night and the appointment will also be decided that night. Mr. McDuffie stated that nothing will be considered that has not gone through the City Manager's office. Mayor Ellis stated everything has to go through the City Manager's office because that is the only way to be certain that everyone receives the same information. Mr. McDuffie asked that the applications and resumes be scanned to PDF format and emailed to the Commission. It was the consensus of the Commission to support having the letters of interest and resumes due to the City Manager by July 29, 2008 and that the filling of the unexpired term of Commissioner Montague will be discussed and decided at the August 5, 2008 meeting. -29- 07/15/08 9.H. BID AWARD/SPORTS TURF ONE, INC.: Consider a bid award to Sports Turf One, Inc., second low bidder, in the total annual cost of $56,400.00 for landscape maintenance of approximately 8.7 acres of property at the Seacrest Soccer Complex. Funding is available from 001-4131-572-34.90 (General Fund/Other Contractual Services). Linda Karch, Director of Parks and Recreation, stated this item is before the Commission to consider awarding a bid to Sports Turf One, Inc. (second low bidder) in the amount of $56,400.00 for landscape maintenance for the property at the Seacrest Soccer Complex. Sports Turf One, Inc. is the City's current vendor for other sports related fields and has been servicing the City of Delray Beach contracts to the satisfaction of the department within all the guidelines of the contract specifications. The low bidder, Harry Maxime Landscaping, LLC is also a current landscape contractor for medians but has had little or no experience with the care of Bermuda sod and the maintenance requirements for sports fields and is deficient in having the proper equipment required to perform the work as outlined in the specifications of this bid package. Mr. McDuffie moved to approve the bid award to Sports Turf One, Inc., for the Seacrest Soccer Complex, 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. 9.H.H. RECONSIDERATION OF APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Reconsideration of a board Authority (DDA) made by member appointment to the Downtown Development Commissioner McDuffie on July 1, 2008. (ADDENDUM) The City Attorney placed this on the Agenda at the request of Commissioner McDuffie and this is for a reconsideration of the appointment of Harold Van Arnem that was made to the Downtown Development Authority (DDA) on July 1, 2008. She explained that attached to the backup materials is Section 32.08 -Length of Terms, Subsection "E" and it talks about serving on two boards except in certain circumstances that are delineated in that section. The City Attorney stated at the current time Mr. Van Arnem is the Vice Chair of the Education Board and is up for reappointment. The City Attorney stated if the Commission is going to consider a reconsideration it had to be at this next meeting under Robert's Rules that we have adopted. The City Attorney stated if the Commission votes to reconsider then tonight the Commission can vote to rescind the appointment but the reappointment of someone else would not occur until the next regular meeting. Prior to the vote, Mr. Fetzer stated we are in the process of losing some very valuable people on the Education Board. Mr. Fetzer moved to reconsider the appointment to the Downtown Development Authority (DDA) by Commissioner McDuffie from the July 1st meeting, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. -30- 07/15/08 Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. Mr. McDuffie moved to rescind the appointment, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: NIr. 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. APPOINTMENTS TO THE EDUCATION BOARD: Appoint five (5) regular members to the Education Board for two (2) year terms ending July 31, 2010. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3), Commissioner Montague (Seat #4) and Mayor Ellis (Seat #5). Mr. Eliopoulos moved to appoint Kenneth Zeno as a regular member to the Education Board for a two (2) year term ending July 31, 2010, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; NIr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to reappoint Harold Van Arnem as a regular member to the Education Board for a two (2) year term ending July 31, 2010, 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. Mr. McDuffie moved to appoint Gerald Crocilla as a regular member to the Education Board for a two (2) year term ending July 31, 2010, 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. Mrs. Montague moved to appoint Derline Pierre-Louis as a regular member to the Education Board for a two (2) year term ending July 31, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos - Yes; NIr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. Mayor Ellis stated she wished to appoint Sandra Weatherspoon as a regular member to the Education Board for a two (2) year term ending July 31, 2010. Mrs. Montague so moved, seconded by NIr. McDuffie. Upon roll call the Commission voted as follows: NIr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. -31- 07/15/08 9.J. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint three (3) regular members to the Public Art Advisory Board to serve two (2) year terms ending July 31, 2010. Based upon the rotation system, the appointments will be made by Mayor Ellis (Seat #5), Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2). Mayor Ellis stated she wished to appoint Richard McGloin as a regular member to the Public Art Advisory Board to serve two (2) year terms ending July 31, 2010. NIr. Eliopoulos so moved, 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. Mr. Eliopoulos moved to appoint Dana Donaty as a regular member to the Public Art Advisory Board to serve a two (2) year term ending July 31, 2010, 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. Mr. Fetzer moved to appoint Michiko Kurisu as a regular member to the Public Art Advisory Board to serve a two (2) year term ending July 31, 2010, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; NIr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.K APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one (1) regular member to the Public Employees Relations Commission to serve an unexpired term ending August 1, 2012. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to reappoint Edward Desmond as a regular member to the Public Employees Relations Commission to serve an unexpired term ending August 1, 2012, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; NIr. Eliopoulos -Yes; NIr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 9.L. CHANGE ORDER NO. 2BSA CORPORATION/CITY HALL INTERIOR RENOVATIONS PROJECT/IT REMOTE BUILDING PROJECT: Consider approval of Change Order No. 2 in the amount of $39,909.00 to BSA Corporation regarding the new 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) and 334-6112-519-62.86 (General Construction Fund/City Hall-North Wing). (ADDENDUM) Richard Hasko, Director of Environmental Services, stated this item is a request for approval of Change Order No. 2 to the contract with BSA Corporation for the north wing improvement which includes the IT Building. He stated these items relate -32- 07/15/08 directly to the IT Building and the total amount of the change order as submitted is $39,909.00. Mr. Hasko stated most of the line items that the change order consists of are either unforeseen conditions or SPRAB approval requirements. He stated there were some walls moved and some requests for additional outlets (both electrical and communication, etc.) which was approximately $6,600.00. Mr. Hasko stated they started out with a $31,000.00 credit because they originally had a flat roof on the building which they changed to a normal roof. He stated they ended up needing about $8,500.00 versus $31,000.00 was a layer of 5/8" drywall to segregate the attic space from the actual area above the acoustical ceiling so that turned into a code requirement. Mr. Hasko stated this was a fast track project and once staff did get moving on it they made some assumptions that they were going to verify when they got to construction about the soilest conditions. Staff did not have reason to believe that they were going to have any dilatory soilest conditions being as close to City Hall as it was. He stated staff thought they were just going to go in there and compact a subgrade and build a slab and bring the building up from there as you would normally expect. Mr. Hasko stated once the soil work was done staff received recommendations from the geotechnical engineer to do some undercutting and some back filling to replace some soils. He stated this represents a little over $9,000.00 of the change order. Regarding lighting fixtures on the south side of the building in the area between the new building and City Hall, there were some underground conflicts that they ran into with roof drains. Some electrical light conduits and some very old underground junction boxes that staff did not realize were there added some to the cost. Mr. Hasko stated there was a little less than $3,700.00 in additional costs of electrical service because staff knew generally where the FPL drop was going to be but you never really know exactly where it is until they actually finish their engineering and put the post in the ground. It turned out to be another 30 feet to get to the service drop. Mr. Hasko stated one item that the City Manager caught was the location of the generator. Originally staff sited the generator in one of the parking spaces adjacent to the building and the idea was to put it in close proximity to the building. He stated staff knew the size of the generator based on the capacity that the building needed; however, staff did not know the dimensional criteria for the generator which dictated the size of the enclosure until they received the approved drawings from the sub-contractor. He stated because of the physical size of the generator and the dimensions, the enclosure grew and now it was starting to take up 1 '/z - 2 parking spaces. Mr. Hasko stated at that time staff felt they were starting to impact the available parking close to City Hall and the decision was made to relocate the generator and associated enclosure in the green space. He stated much of the $13,600.00 has to do with the generator relocation. Mr. Hasko stated $5,200.00 was needed for a handicapped access ramp and staff anticipated having a level entrance but discovered that there was too much of a grade brake there to not have an Americans with Disability Act (ADA) compliant ramp. Mr. Hasko stated another major item on the change order was a requirement for part of the Site Plan Review and Appearance Board (SPRAB) approval to put a series of trellises between the new IT building and City Hall and make it more appealing as a walkway. Mr. Hasko stated staff is not sure that it will have much of an aesthetic benefit and noted that the City Manager recommended that we only build one trellis rather than three as to the timing since this was a condition of SPRAB approval. He stated according to the City's ordinances he believes there is a certain maximum period of time that can go by after which you do not - 33 - 07/15/08 have the appeal rights for their decision. Mr. Hasko suggested that we approach this as a deferral as opposed to an override if there is an issue with the Land Development Regulations or the ordinances. He stated if the City chose to build one trellis instead of three the cost would be $5,500.00 versus $17,400.00 and it would reduce the overall change order. Mr. Hasko stated there is funding available for these increases in the project accounts. Mr. Eliopoulos stated he is a little disappointed and discussed with staff about preventing these things from happening. He stated some of these items are really simple and agrees with staff that some of it is value added but in the business when you add it after the fact the contractor gets more profit than overhead and it ends up costing the City more money. Mr. Eliopoulos stated it is the City's policy and feels it should be most architects and engineers' policy that you do not design anything until you have a soils report. Mr. Eliopoulos stated the soil in this whole area is sand and it's not that good. He stated we cannot do anything about the change order because the building is up and BSA already did the work Mr. Eliopoulos suggested that staff mandate that on every project that we provide that whoever the consultants are because they need it and it is critical. He stated he agrees that some of the costs would have been in the price and sometimes it gets lost in the price and you don't pay the full value. Mr. Eliopoulos stated he could not see that this professional had an accurate survey and with the surveys there is topos. Mr. Eliopoulos stated we should not be adding things such as handicapped ramps at this point and commented about a light fixture on site and the light had to be moved and feels we should not making these mistakes. Mr. Eliopoulos stated Environmental Services is phenomenal when it comes to underground work but for above ground work they need help and he does not feel they should just depend on the consultants. He stated we depend on the consultants but we need somebody within this City to look at things and see that these are some simple code items. Mr. Eliopoulos commented about the generator and the loss of the two parking spaces and stated these things need to be communicated to the City Manager so that he is made aware of it in the beginning. Mr. Eliopoulos stated any time we can prevent some of these things from happening this is what he wants to see. Mr. Eliopoulos stated the consultant has done a good job but there is some missing information on the drawings and we should have asked for a survey because all these things are standard. He concurs with SPRAB that this is not an attractive building but we are in hard times now with regard to the budget. Mr. Eliopoulos concurs with the City Manager that instead of building three trellises we should build one trellis. Mr. Eliopoulos stated he would like to defer it and there are definitely possibilities of doing an alternate design which will be much more affordable and will give the same affect. He stated it is way too late in the game to be adding things like the ramps and the stairs. Mr. Eliopoulos reiterated that he would like to see staff communicate with the consultant and/or especially with the City Manager about what is going on because he does not totally agree that this was a rush job. Mr. Eliopoulos stated this was being looked at last summer about whether or not this was something the City wanted to do. He stated he feels that there was time and that this could have been avoided. Mr. Eliopoulos stated when it comes to buildings the Engineering staff needs some more input. -34- 07/15/08 Mr. Hasko stated one of the things they did discuss potentially with the understanding that there is some level of additional costs versus change orders has to be weighed out but for projects such as this perhaps in the future it might be a good idea if it is standard practice. He stated that his staff is generally civil oriented and there are a couple of guys that are qualified to review this type of thing but noted he does not have any architects on staff. Mr. Hasko stated they rely on the consultants and maybe as a standard practice for this type of work in the future staff will factor in some level of value of engineering on each of these projects to get a separate detached unbiased review of the plans. Mayor Ellis inquired about the FPL drawing. She stated NIr. Hasko stated that the drop is not always where it is supposed to be and asked if he means that not only did we not know where the drop was but FPL did not know where it was either. Mr. Hasko stated FPL does not know where it is going until they finish their engineering even on something as simple as a drop for this building. NIr. Hasko stated their plans are pretty well along if not done and bid by the time that happens. He stated staff made some assumptions in the general area and discussed with FPL and their representatives as to where the drop is going to go. NIr. Hasko stated after that point FPL sends it to their Engineering Department and it is not uncommon that it gets shifted ten feet one way and five feet another way. The City Manager stated some of the City's private contractors have had this problem as well. Mayor Ellis inquired about the deferral Mr. Hasko stated after the SPRAB meeting if you get approval with conditions attached the applicant can appeal any of those conditions that he does not agree with to the City Commission and believes there is a ten (10) day window that the applicant has to do that which staff did not do because at that time staff did not think there was going to be a significant cost to the trellis. Therefore, staff did not pursue it and we are well beyond that ten (10) day point. The City Attorney stated one idea would be to defer the trellis building until there is a notice to proceed specifically for that and go back to SPRAB and tell them that the Commissions recommendation is monetary and we cannot do it and have a modification to the site plan on that basis. She stated if they decide not to modify it then you have the ability to appeal. Mrs. Montague asked if the original contract amount of $684,783.00 includes the $31,000.00. NIr. Hasko stated that amount includes the $31,000.00. He stated an additional item that staff is not bringing before the Commission tonight but would like them to be aware of is to do with the site landscaping. He stated the landscape plan was done in-house last year and there was an allowance in the contract and the cost that staff has for that plan is exceeding the allowance. NIr. Hasko stated staff would like to give that back to the new in-house horticulturist and have him review that landscape plan and see if he can do something to get them back into budget. Mrs. Montague stated given the fact that SPRAB added the trellises for aesthetic reasons can we review that - 35 - 07/15/08 section as part of what staff is doing with the horticulturist. Mr. Hasko stated that is part of what the horticulturist will look at. The City Attorney stated she believes that can we delete the trellises from this change order and bring it back when staff has the landscaping. Mr. Hasko stated staff is hoping not to do that because they need to get it back down under the allowance number that is in the contract. Mr. Eliopoulos stated without having the chance to talk to the architect he thinks we can come up with a more reasonable solution if we go with the trellis. He stated from what he saw with regards to some sketches on the stairs and the ramp the architect might be able to look at that too and possibly save the City some money. Prior to the vote, there was brief discussion between the Commission and staff regarding the $17,455.00. For clarification, the City Attorney recommended that the motion also include eliminating the $17,455.00 from the change order with the direction to get a review by SPRAB to remove that requirement. Mrs. Montague moved to approve Change Order No. 2 for BSA Corporation putting a hold on the implementation of the trellis portion so that staff can take it back to SPRAB and let them know that the City Commission desires to eliminate the trellises from the approval and removing the $17,455.00 from the change order, seconded Mr. Fetzer. 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.M. MOVED TO THE REGULAR AGENDA AS ITEM 9.H.H. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager echoed comments expressed by the City Attorney's office and stated it has been a real pleasure working with Commissioner Montague and she will be missed. 13.B. City Attorney The City Attorney reported that she had a telephone conference with some lawyers today and it seemed to go pretty well. Secondly, the City Attorney stated she will miss Commissioner Montague. -36- 07/15/08 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer wished Commissioner Montague and her family the best in their new life in California. He stated it has been a pleasure to work with Commissioner Montague and wished her the best of luck. Secondly, he announced that Marlo Belkin is resigning as our Executive Director of the Milagro Center because she is going to be moving to California and will also be missed. Lastly, Mr. Fetzer commented about the improvement to the FCAT scores in Delray Beach. He stated when he moved here in 1982 his children were elementary school age and the schools in Delray Beach had a terrible reputation. He stated three schools moved into the "A" category (Plumosa, Orchard View and Carver) and noted that regarding the nine schools we have in Delray Beach that are under the FCAT system, six of them are "A" schools, two of them are "B" schools and one is a "C" school Mr. Fetzer stated our City is one of the few municipalities that get involved in working with our schools. He stated this is a remarkable achievement for our schools and he is proud of what Delray Beach has been able to contribute to that. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated Commissioner Montague is the whole package and wished her well. He stated it has been an honor to serve with Commissioner Montague and commented that she brought class and wisdom to this place and will be missed. Mr. Eliopoulos wished the best of luck to Commissioner Montague and her family. 13.C.3. Mr. McDuffie Mr. McDuffie stated Commissioner Montague has been an asset to the City Commission and to the City. Secondly, Mr. McDuffie stated he stepped out of a restaurant on Saturday in St. Augustine and ran into Perry DonFrancisco. 13.C.4. Mrs. Montague Mrs. Montague said "goodbye" to Alice Finst and "goodnight" to everyone. 13.C.5. Mayor Ellis Mayor Ellis stated the FCAT scores are truly phenomenal. She stated she moved to Delray Beach in the early 1970's and did not have children until 1975. Mayor -37- 07/15/08 Ellis stated where they lived off Swinton Avenue was zoned for Spady Elementary at the time and they were having a meeting for orientation. Mayor Ellis stated she had an unpleasant encounter in the parking lot while trying to attend this orientation meeting. She stated in those days it was called the "Delray Dilemma" and the improvement of the schools was a turning point in Delray Beach. Mayor Ellis stated they knew that nothing else was going to work if they did not improve their schools because they were not going to attract businesses or attract people who wanted to live here if we did not have decent schools for them to attend. Mayor Ellis stated when she looks at where Delray Beach is today and the involvement of the community, the education process was the difference. Secondly, she stated so many people contacted her because it was their first time seeing the fireworks and they were very complimentary of all the 4th of July activities. Mayor Ellis stated this was a phenomenal event and it made her very proud. Mayor Ellis stated she met with Lincoln Properties who owns the old Office Depot property and they discussed their plans and timeframes, etc. She stated they are right in line with what Delray Beach is looking for which is mixed use retail office residential. Mayor Ellis stated their intent is to do a first class job and they are looking at 3-5 years down the road for this. She stated Lincoln Properties is actually going to the County next to try and work out a different exit from the property without going through Germantown Road which would be a plus. Mayor Ellis stated she has done some research and Lincoln Properties has done good projects. Mayor Ellis stated not only is Commissioner Montague a talented woman and a great contributor to our community but she has also become a wonderful friend. Mayor Ellis stated Commissioner Montague will be missed. Lastly, Mayor Ellis stated we are in real tough times with regards to the budget and commented that the Commission is going to make this happen and get the job done with the help of the department heads and the City Manager. She thanked the entire Commission and stated it is truly a pleasure and honor to be Mayor of the City of Delray Beach and work with such a wonderful group of people. There being no further business, Mayor Ellis declared the meeting adjourned at 9:45 p.m. City Clerk ATTEST: MAYOR -38- 07/15/08 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on July 15, 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. -39- 07/15/08 SPECIAL/WORKSHOP MEETING JULY 22, 2008 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, July 22, 2008. Roll call showed Present - Commissioner Fred S. Fetzer Commissioner Woodie McDuffie Mayor Rita E llis Absent - Commissioner G ary P. E liopoulos Also present were - David T. Harden, City Manager Robert A. Sarcinski, Assistant City Manager Douglas Smith, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk Mayor Rita Ellis called the special rr~eeting to order and announced that it lad been called for the purpose of considering the following Items: SPECIAL MEETING AGENDA 1. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE: Designate the voting delegate to the Florida League of Cities 82nd Annual Conference to be held at the Tampa Convention Center/Tampa Mamott Waterside in Tampa, Florida on August 14 -16, 2008. (ADDENDUM) Mayor Ellis advised that a designated voting delegate would Dave to be appointed to attend the 82nd Annual Conference to be held at the Tampa Convention Center/Tampa Mamott Waterside in Tampa, Florida on August 14-16, 2008. Mr. Fetzer advised that he may not be able to attend because of a prior business commitment. Mayor E llis stated she mould attend the 82nd Annual Conference. Mr. Fetzer motioned to designate Mayor Ellis as voting delegate for the 82nd Annual Conference, seconded by Mr. McDuffie. Upon roll call, the Commission voted as follows: Mr. McDuffie - Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Said motion passed 3-0. Mayor Ellis adjourned the Special Meeting at 6:03 p.m. WORKSHOP AGENDA 1. Review of Budget Task Force Recommendations and Proposed Budget. David T. Harden, City Manager, introduced this item and stated his memo would address the first 15 recommendations of the Budget Task Force; the other recommendations would be discussed at a later date. Mr. Harden asked for direction on these recommendations. Mr. Harden discussed $1.50 convenience fee per transaction when using a credit card on the v\ebsite or the IVR system. It was the Consensus of the Commission to institute the $1.50 convenience fee for IVR and v\ebsite services on credit card transactions. Mr. Harden discussed howthe Citycould rrrinirrriz~ overtime cost for the First Night event. Mr. McDuffie asked if the overtime is predominately Police overtime. It was the Consensus of the Commission to support the recommendation of staff to work with the First Night Committee to rrrinirrriz~ overtime costs and have as much of those costs as is financially prudent covered by First Night revenue, beginning at a level of $7,000 for FY 2009. Mr. Harden discussed an increase in reimbursement of costs paid by local non profit organizations from 65% to 75%. Robert A. Sarcinski, Assistant City Manager, advised that the biggest impact would be the Delray Affair and the Garlic Fest, the two largest events. Mayor Ellis advised she would like to have additional information on the impact this increase would have on smaller non profit organizations that are struggling It was the Consensus of the Commission to support staff recommendation to review policy and evaluate the impact of the increase. Mr. Harden suggested that employees begin to pay a premium of $10 per pay period for those who participate in the HMO Insurance Plan. He advised this would be a collective bargaining issue and direction is needed if this should be brought up in negotiations that will take place later this year. Mr. Safford discussed the different insurance plans for HMO, POS and PPO. Mr. Fetzer asked if the Florida League of Cities or any other organization could provide a comparison of City benefit costs. He advised that an employee being charged a premium for health insurance is inevitable. Mr. Harden advised he would get more information and surveys and bring this item back to Commission at a later date. July 22, 2008 Mr. Harden discussed a recommendation to eliminate double overtime pay created by using "floating holiday' assignments in the Police Deparhrtent. It is the Consensus of the Commission to support what the City can do administratively within the existing contract. Mr. Harden discussed reducing overtime by eliminating vacation and holiday time as time worked in the calculation of overtime pay. He advised this mould have to be negotiated in all the contracts. Mr. Fetzer stated the Commission mould need to remain fair. The issue definitely needs to be addressed since it was brought to their attention by the Budget Task Force. Mr. Fetzer stated he did not know the common practice for handling time not actually worked in private sectors. Mayor Ellis advised it is not a common practice. Mr. Harden discussed legislation to have Police overtime taken out of pension minimum benefit requirements to help bring pension costs under control He advised accomplishing this would be a challenge because of contract negotiations. Mr. Safford discussed some of the challenges of the pension plan and its legislation. Mr. Fetzer asked if this particular issue was discussed in the meeting on July 16, 2008. It is the Consensus of the Commission that this should be a legislative priority. Mr. Harden proposed eliminating fixed monthly car allowances and pay employees based on actual business mileage. He stated that employees receiving a car allowance other than those that receive the allowance by contract be required to document their city mileage at least one (1) month per year to demonstrate they meet the minimum requirements to receive the allowance. Mr. McDuffie asked what is the per mule reimbursement for the State. Mr. Harden advised that the City is $0.44 per mule, which should be increased because of the increase in gas prices. Mayor E llis questioned if a set amount of money was given but not documented for business mileage by employees that get car allowances and what happened on an employee's individual tax return. Mr. Harden advised the employee mould have to pay taxes on their allowance. The employee can document their mileage and submit their documents on their tax return as a business deductible. July 22, 2008 Mayor E llis asked if mileage included employees driving to and from work Mr. Fetzer stated a reasonable approach mould be to require at least one (1) month per quarter instead of one (1) month per year to document business mileage. Mr. McDuffie advised more of a measurement is needed He agreed at least one (1) month per quarter is reasonable. It is the Consensus of the Commission to measure business mileage for car allowance eligibility one (1) month each quarter. Mr. Harden recommended eliminating Fire Department management supplemental education pay for education levels that are required for the job description He discussed the potential savings to the City. Mr. Safford explained the state requirements and the education supplement program for the Fire Department. Mr. Harden explained that this mould be a bargaining issue. He stated that the Fire and Police Management would have to be treated similarly with their packages. It is the Consensus of the Commission to concur with staff recommendations. Mr. Harden discussed education pay for Police officers by including State required payments for Police education within hourly City supplemental education pay. It is the Consensus of the Commission to concur with staff recommendations. Mr. Fetzer advised that recommendation 11 to reduce education pay by changing the hourly supplemental education rate in the Police departrr~ent to a fixed monthly amount so that all employees receive the same amount for a degree should be reviewed by the City Attorneys office. Mr. Harden advised that the City Attorney has reviewed this and it mould have to be calculated into overtime pay. He advised a possible solution mould be to calculate into a monthly rate but it would have to count towards overtime. Mr. Harden discussed the elimination of overtime pay to exempt employees that receive Fair Labor Standards Act (FLSA) time. He stated that thirteen (13) exempt employees were identified as being paid overtime in 2007. T~ (2) of those thirteen (13) employees that should not have been paid overtime have been corrected The remaining eleven (11) have certain circumstances that would be in the best interest of the City to pay overtime. He gave examples of some positions like Battalion Chief and Communications Manager. Commission concurs with staff's recommendation July 22, 2008 1VIr. Harden discussed his suggestion to reduce the cost of the tuition reimbursement program. He advised on the Director of Planning & Zoning and Senior Planner positions require a Masters Degree. 1VIr. Harden stated he does not want tuition reimbursement eliminated, but he wants the Tuition Reimbursement Policy reviewed to ensure that it is consistent with the City`s employee development objectives and recognizes its financial lirrdtations. Todd L'Herrou, Budget Task Force member, discussed a tiered program for tuition reimbursement. Mayor Ellis discussed her thoughts on the City paying tuition reimbursement and suggested that the program needs to be reviewed so that it is logical to the City and the employees. 1VIr. McDuffie stated that some of the issues appear to be management and personnel policies that mould need to be addressed 1VIr. Fetzer agreed that Department Heads and Human Resources need to be reminded of what to approve for the Tuition Reimbursement Program It is the Consensus of the Commission to accept the recommendation of staff and review the Tuition Reimbursement Policy. 1VIr. Harden discussed changing the certification pay for mechanics to a fixed monthly amount instead of a percentage of gross pay to eliminate differences due to overtime. He advised this will be a bargaining contract negotiation. It is the Consensus of the Commission to agree with the recommendation of staff. 1VIr. Harden discussed the City contribution to the Retire Healthy Insurance Trust (VESA) to 2% instead of 3.3% since the City savings from fringe benefits was not realized and the payment mould be fixed with annual increases. He advised that a more in depth survey should be done around the State of Florida on this particular type benefit. Mayor Ellis questioned if VESA is a separate entity from other medical and health insurance. 1VIr. Harden advised it is a separate entity. He stated he mould find out how surrounding cities are handling this. Mayor Ellis adjourned the Workshop Meeting at 7:28 p.m 5 July 22, 2008 City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Seach, Florida, and the information provided herein is the NTinutes of the Special/Workshop Meeting of the City Commission held on Tuesday, July 22, 2008, which NTinutes mere formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the NTinutes you have received are not completed as indicated above, this means they are not the official NTinutes of the City Commission. They will become the official NTinutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. July 22, 2008 SPECIAL MEETING JULY 29, 2008 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, July 29, 2008. Roll call showed Present - Commissioner G ary P. E liopoulos Commissioner Fred S. Fetzer Commissioner Woodie McDuffie Mayor Rita E llis Absent - None Also present were - David T. Harden, City Manager Robert A. Sarcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk Mayor Rita Ellis called the special rr~eeting to order and announced that it had been called for the purpose of considering the following Items: SPECIAL MEETING AGENDA 1. RESOLUTION NO. 31-08/SPECIAL EVENT REQUEST/31S` ANNUAL ROOTS CULTURAL FESTIVAL: Consider approval of Resolution No. 31-08 supporting and endorsing the 31St Annual Roots Cultural Festival to be held August 8-10, 2008 and consider approval of the special event request for the Parade on August 9 starting at 3:00 p.m., Health Clinic on August 9 from 7:00 a.m. - 9:00 am. at Pompey Park, Prayer Breakfast on August 9 from 9:00 am. to 11:30 am. at Pompey Park, the Festival at Old School Square on August 8 & 9 from 4:00 p.m. to 11:00 p.m. and the Gospel Fest on August 10 from 2:00 p.m. unti18:00 p.m. at Old School Square. Commission is also requested to grant a temporary use permit per LDR Section 2.4.6(F) for the use of City facilities, rights-of-way and parking lots, to authorize banners on the event site, use of a City generator, use of tables and chairs, and staff support for security, traffic control, EMS assistance, bamcading, signage, cleanup and trash removal with event sigriage and banners to be posted no more than ten (10) days prior to the event, and to authorize the waiver of Pompey Park rental fees. Robert Sarcinski, Assistant City Manager, presented this item. Alberta McCarthy, Roots Cultural Qiairperson, was also present to answer questions. Mr. Sarcinski asked for the approval of Resolution No. 31-08 which mould support and endorse the 31St Annual Roots Cultural Festival to be held August 8-10, 2008 and consider approval of the special event request. He stated that the estimated cost for the event is $11,583.00; and the producer will pay approximately $4,200.00. Mr. Eliopoulos motioned to approve Resolution No. 31-08 and the special event request, seconded by Mr. Fetzer. Upon roll call, the Commission voted as follow: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Said motion passed 4-0. 2. DETERMINE THE PROPOSED MILEAGE RATE FOR FY 2009: Consider approval of the adoption of the proposed millage rate for the FY 2009 budget. David T. Harden, City Manager, presented this item. He stated that the back up material included reductions that the Deparhnent Heads requested to get the City below the rollback rate adjusted for Amealdment No. 1 which is 6.449 mills. He stated that the Police and Fire pension costs were below the projected costs. He discussed what the additional cuts would be at the 6.1449 millage rate. In addition, he talked about the impact on the maintenance of parks, loss of programs, sidewallc and road repairs that could result if the millage rate is set at 6.1449. Mr. Harden recommended the Commission adopt the proposed millage rate for FY 2009 budget at 6.449. Mr. Fetzer asked if the rollback rate is adopted tonight, and Commission reviews the budget and finds additional cuts mould they have until the end of September to reduce the millage. Mr. Harden advised Commission has two (2) opporhmities to reduce the millage further on September 3~ and September 16~. Mr. Eliopoulos advised that his concern is the citizens' welfare, safety and maintenance. He recommended caution in these areas with regards to cuts. He advised that he appreciated the second list and he recommended going with the rollback rate of 6.449. Mayor Ellis recommended the millage rate of 6.449. She stated some things on the list could be cut but other things she would be opposed to cutting. Mayor Ellis advised money is not really being saved when you cut maintenance. Mr. McDuffie asked how many of the positions proposed to be eliminated are occupied at this time. Mr. Harden stated four (4) positions are occupied in the first list and seven (7) positions in the second list He stated this is does not include part-time which would make fourteen (14) positions. Mr. Eliopoulos asked how other municipalities handle animal control He advised he mould like to find the value of positions rather than the salaries. Mr. McDuffie stated that he compared both spreadsheets from the backup material and he found major cuts in maintenance that the Cityw~uld later regret. Mr. Fetzer referenced the e-mail responses he sent to Mr. Harden regarding the millage rate calculations and reserves. He stated other Cities are keeping their millage rate flat by raiding their reserves. Mr. Harden stated that the Cites current reserves are at 17%. He discussed how other Cities kept their millage rate steady. 2 July 29, 2008 Mr. Fetzer advised he does not see reserves being a solution and he supported the millage rate at the rollback rate on the condition that over the next two (2) months reviews will continue to deternune additional cuts. Mr. Eliopoulos concurs with Mr. Fetzer. Mr. Harden discussed a severance package for employees that are close to retirement. Mr. McDuffie supports constructing severance packages for senior employees. He stated he would like to keep some of the junior employees since the City will be faced with losing its senior employees soon Mr. Harden warned against age discrimination, but stated if some of the senior employees could be enticed it would be to the Cites benefit. Mr. Eliopoulos supports severance packages. Mr. Fetzer also supports severance packages. Mayor Ellis advised the City to continue to review its options and remain open with regards to the budget. Mr. E liopoulos asked how this affects the average citizens with regard to taxes. Mr. Harden explained the difference mould be $.30 per thousand Mr. McDuffie motioned to approve the proposed millage rate at the rollback rate of 6.449 per Amendmealt No. 1 for FY 2009, seconded by Mr. Eliopoulos. Upon roll call, the Commission voted as follow: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Said motion passed 4-0. 3. Review and accept the Downtown Development Authorit~s proposed millage rate for FY 2009. (ADDENDUM) Mayor Ellis advised that the Downtown Development Authority (DDA) proposed a millage rate of one (1) mil. Mr. Harden advised that their millage rate last year was approximately .88. Their rollback rate this year is approximately .98. Mr. Fetzer asked if they go above the rollback rate what would be the approval requirements. Susan Ruby, City Attorney, advised it would have to be tom-thirds maj ority vote. Mr. Eliopoulos asked if there was back up with DDA's request. Mr. Harden advised there is no backup. July 29, 2008 Mr. Eliopoulos recommended that someone from DDA come before Commission to answer questions since there is no back up to support their proposed'millage rate. Mr. Fetzer motioned to approve the DDA's proposed millage rate of one (1) mil, seconded by Mr. Eliopoulos. Upon roll call, the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Said motion passed 4-0. Mayor Ellis adjourned the Special Meeting at 6:55 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Seach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday, July 29, 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. July 29, 2008 WHEREAS, the Florida Water and Pollution Control Operators Association is a statewide organization dedicated to maintaining water quality in Florida, and WHEREAS, these trained, dedicated, and knowledgeable personnel design, operate and maintain water and wastewater plants; design, operate and maintain distribution systems, wastewater collection and storm water drainage systems; perform laboratory analysis; and provide customer service throughout the state of Florida; and WHEREAS, the Operators Association conducts operator training throughout the state at the thirteen (13) regional levels and acts as liaison between the Department of Environmental Protection (DEP) and operators in the field; and WHEREAS, the Association reviews and assists in supervising state certification examinations and coordinates the statewide plant operations awards program with DEP. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of August 4, 2008 -August 8, 2008 as FLORIDA WATER PROFESSIONAL WEEK in the City of Delray Beach and urge all citizens to join in recognizing and commending our water industry employees for their dedication in maintaining drinking water quality and preserving natural resources in our community. 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 5t'' day of August, 2008. RITA ELLIS MAYOR 6.A. WHEREAS, through their daily service to communities and their dedication to the Muscular Dystrophy Association, Professional Fire Fighters & Paramedics contribute greatly to the well-being of all citizens; and WHEREAS, for the past fifty-four years, Fire Fighters throughout Florida and across the nation have been a partner with the Muscular Dystrophy Association in the fight against neuromuscular diseases; and WHEREAS, Fire Fighters statewide and nationally collected more than $25 million dollars in 2007 to support MDA's life saving research, leading to the discovery of the first definitive treatment of any of the genetic disorders in MDA program, that of Pompe's Disease; and WHEREAS, in 2007, Delray Beach Fire Fighters helped raise more than $172,085 with their "Fill the Boot" drive for MDA; and WHEREAS, the funds collected by the City of Delray Beach Fire Fighters assist the Muscular Dystrophy Association in providing medical services at the MDA Jupiter Medical Center Clinic, summer camp, research grants, and public education seminars at no cost to Palm Beach County's children and adults served by the Association; and WHEREAS, in honor of the efforts of the City of Delray Beach Fire Fighters, the Muscular Dystrophy Association is sponsoring Fire Fighter Appreciation Month. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of August, 2008 as FIRE FIGHTER APPRECIATION MONTH in Delray Beach, Florida and commend the City of Delray Beach Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association. All citizens and employees are encouraged to join the Muscular Dystrophy Association in this tribute to our Fire Fighters. 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 5th day of August, 2008. RITA ELLIS MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: July 31, 2008 SUBJECT: AGENDA ITEM 7.B. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 RESOLUTION N0.22-08/ELLEN WICKERT ITEM BEFORE COMMISSION A resolution of the City Commission of the City of Delray Beach, Florida, recognizing and commending Ellen P. Wickert for thirty-five (35) years of dedicated service to the City of Delray Beach. BACKGROUND Ellen was hired by the City as aClerk-Dispatcher on July 23, 1973. She is currently the Administrative Officer of the Delray Beach Fire-Rescue Department. On July 23, 2008, she reached a milestone in her career, having achieved thirty-five (35) years of continuous, full-time service. RECOMMENDATION Recommend approval of Resolution No. 22-08. RESOLUTION NO. 22-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING ELLEN WICKERT FOR THIRTY-FIVE YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Ellen Wickert was hired by the City of Delray Beach as aClerk-Dispatcher on July 23, 1973; and WHEREAS, Ellen Wickert has progressed to her present position of Administrative Officer since that time; and WHEREAS, on July 23, 2008, Ellen Wickert reached a milestone in her career, having effectively achieved thirty-five (35) years of continuous, full-time service with Delray Beach Fire-Rescue; and WHEREAS, Ellen has been a dedicated and loyal employee, gifted with wisdom, serving as a mentor to her peers, a counselor to her managers, an encourager and a leader, always exhibiting a positive "can do" attitude; and WHEREAS, We feel especially proud of Ellen's professionalism, work effort and contributions to the City, and recognize the fact that she is known for her thorough working knowledge on a variety of subjects; and WHEREAS, Ellen has served with distinction as a charter member of the Employee Service Award Committee; and WHEREAS, the City of Delray Beach and the Fire-Rescue Department are honored to have Ellen Wickert as a valued member of the municipal team. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Coinrni~sion of the City of Delray Beach hereby recognizes and coininends E lien Wickert for thirty-five years of dedicated and faithful public service. Section 2. That the City Coinrni~sion hereby congratulates and expresses sincere thanks and appreciation to E lien Wickert for her thirty-five years of service. PASSED AND ADOPTED in regular session on this the 5th day of August 2008. MAYOR ATTEST: CITY CLERK PRESENTED TO ELLEN WICKERT As a token of our esteem and gratitude for your 35 years of outstanding contributions and distinguished service to The City of Delray Beach Fire-Rescue Department July 23, 2008 MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, PE, Assistant City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: July 8, 2008 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 REQUEST FOR SIDEWALK DEFERRAL/590 S OCEAN BLVD. ITEM BEFORE COMMISSION Request for a sidewalk deferral along Bucida Road for the property located at 590 S. Ocean Boulevard. BACKGROUND The property located at 590 S. Ocean Boulevard is a single family lot and there are currently no plans to install sidewalks on Bucida Road. RECOMMENDATION Staff recommends approval of the sidewalk deferral request. Prepared By: RETURN TO: R. Brian Shutt, Bsq. City Attorney's Office 200 N.W. ist Avenue Delray Beach, Florida 33444 AGREEMENT FOR ~~Y7E~VAL1~ IIVIPR®~EMENTS THIS AGREEMENT entered into this ~~ day of ~~ ~ 200 between the City of Delray Beach (hereinafter the City) and ,.f ~'~~~~-~ ~ ~~ ~~{hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along ~``~~ ~@~'~~ i until such tirz~e as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Developzxaent Regulation Section b.l .3{C) requires the installation of a sidewalk, within the ~~1~~~`~a ~ right-of--way immediately abutting the subject property, by the Owner priar to the issuance of a certificate of occupancy; and, "~HFI~r:AS, the Ova~~~°rs have requested a waiver ~ort~ the requiretx~.ent of tl~e instaliatiozz ofa sidewalk pursuant to Land Development Regulation Section 6.I.3{D){I){b); and, WHEREAS, in order to provide eanforn~ity along the street the City Cammission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. Page 1 of 3 W~TNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: --- 1. The Owner agrees to construct a sidewalk, at its sole cost and, expense, along the i,~~-r. t~ right-of-way abutting the subject property, within a tune period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordi~~az~.ces of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties Legal represeniatrves, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their bands and seals this day of , 200 . ATTEST: City Clerk CITY OF DEI:,RAY BEACH, FLORIDA By; Approved as to form and sufficiency: City Attorney Mayor Page 2 r~~3 WITNESSES: ~/ ~-~-, `mot (Please type or print name) Le ~ h ~~ ~ ~lr ~ (Please type or print name} STATE OF _ C-<~~'~~ ~7/~C ) COUNTY OF~~__ ~~~__~ ~~ ~ ~' ~, d ~~-BEFORE ME personally appeared ~ YC,4~ `~~~'~ who [is] [are) p onally l~ ow~ir ,to r~~e or [hasJ ~ha~e] produced [and. respectively] as identification, d who executed the foregoing instrument, and acknowledged before me that [he} [she they xecuted said instrument for the purposes expressed therein. WITNESS my hand and official seal this My commission expires: '~ ~'~ ~ ~ '~ ~~.~ day of ~L,J, __rt1 ~~20 ~~ ~ /~ Notary Public (signature) +ne aesoa oaeeeeua •ouneueoefwser ( .S~r~~~ p ~~~~N \~ ~l~iti~YNNr Cammt~ t}t7D528f738 ~' Expo 3/2?/ZORQ ~`1 '": Banded by fBDDpt32~5a j`~°~"1~~3~ ~~nrida Notary Rssn. Inc o~_ _,n~aae.osu~auao~r.n an.oeeo~a. e.vveerreaus agVsidewaIk deferral agreement Page 3 of 3 L L ~~ L~ r-~ c~ 3 to 2` a° ~= ~ M r' Y° _ OHO ~o ~- oLL - a m V 0 O C~ U (~ N m (~ L 0 0 N MEMORANDUM TO: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: July 31, 2008 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/135 N.E. 1ST AVENUE ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of a right-of-way deed associated with the improvements at 135 NE 1St Avenue, located at the southeast corner of NE 1St Avenue and NE 2nd Street, within the Old School Square Historic District. BACKGROUND At its meeting of December 19, 2007, the Historic Preservation Board (HPB) approved a Class I Site Plan Modification and Certificate of Appropriateness for improvements to the property located at 135 NE 1St Avenue, subject to conditions, which included recording of a right-of-way deed. The approval was associated with site improvements to the existing landscaping and parking areas located to the rear of the multifamily rental property. The existing right-of-way width for NE 1St Avenue, adjacent to the subject property, is 40' and the required width is 60' . For existing streets, reductions in right-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Services Management Group (DSMG). The DSMG reviewed the subject application at its meeting of December 6, 2007 and approved aright-of-way reduction from sixty feet (60') to fifty feet (50' ). Therefore, the applicant must dedicate 5' (one-half of the 10' additional right-of-way). This dedication is shown on the attached survey. In addition, the required width of an alley is 20' or the existing dominant width. The existing dedicated alley right-of-way is 16' . The City Engineer has determined that the width of the alley should be expanded to a width of 20', which is consistent with the widths that have been provided with recent redevelopment proposals in the downtown. Therefore, a dedication of two feet (2'), or half of the additional right-of-way, is required. The City Attorney has reviewed the Right-of-Way Deed for legal sufficiency and form, and has determined it to be acceptable. RECOMMENDATION By motion, accept the right-of-way deed associated with 135 NE 1St Avenue. Prepared by: RETURN: R Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 PIN # R.~GHT-4F-WAY DEED THIS INDENTURE made this ~~~ day of ~1°/2 ~~ 200`' between jr}o9- G/3 ~RlSt !i/.~ ~{. ~~~ s with a mailing address of i° D . ~k ~~ l ~. ~'DR~~ ~F2/~~ 5, ~L .~.~o7s-`C61 ~; as party of the first part and CITY 4F DELItAY BEACH, FLORIDA, a Florida mutucipal corporation with a mailing address of T00 N W, lst Avenue, Delray Beach, Florida 33444; as party.of the second pack. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all righ#, title, interest, claim and demand which the party of the first part has in and tc3 the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" atkached hereto_ This Deed is made for the purpose of giving and granting #o the party of the second part, its successors and assigns, aright-of way and easement in and to said lands for public highway, street, and. public utility purpases and the maintenance thereof; and is made, executed anal delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and. reves in the party of the fast part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of way shall be subject only to thane easements, restric~ons, and reservation of record. The party of the first part agrees to pmvide for the release of any and all mortgages or liens encumbering this right-of way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property- Party of the frst part does hereby fully warrant the title to said land and will defend the same against the lawfiil claims of aIl persons whomsoever claimed by, through or under its tha# h has good right and iawfiil au#hority to grant the above-describedright-of-way and that the same is unencumbered Where the content of this Right-of may Oeed. allows or pernuts, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining; and all the estate, right, title, interest, and claim whatsoever of the said party of the fast part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the fast part has hereunto set their .hand and seal the date first above written. Signed, sealed and delivered in thyc~Cence of: (Name printed or typed] (Name printed or typed} PARTY OF THE FIRST PART By: {Name printed or typed] ~ _ _....., ...... f? (~. f3c~1C 9~ ~~ (Address] STATE OF _~_~ _ - COUNTY OF ~~dr~~J The foregoing insi><vment was acknowledged before me this ~T day of ~_..~ 200~`bY _ L >~~ who is personally known to me or has produced. -_-. ~~-,~ [~- .__ as identification :~:: ,;~ .~~ '~ MARL RAMER :.: .- MY COMMISSION # nD 714645 ~ , ~= EXPIRES: September 11, 2D11 - ~Rf~~`~ Bond§dThruNakirytoUndonvA~eis z ~~ ~~~~ Si ~y of Notary Public - State of Florida EXHIBIT A ISO ~. ATLANrIC BLVD. ACCURATE LAND SURVEYORS, INC. TEL. (ss4) 782--:44, POMFANQ 6eAGH FLORIDA 33060 L.B. #3635 FAX. (954) 782-1442 SHEET 1 OF 2 TYPE OF SURVEY: BOUNDARY D$-D757 JOB NUMBER: SU-07-06$6 LEGAL DESCRIPTION: Lots 1 and 2, and the North 20.5 Feet of Lat 3, Block 75, City of Delray Beach, according to the Plat thereof in the office of the Clerk of the circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 3. ADDRESS: 135 NE 1ST AVE DELRAY BEACH, FL 33444 FLOOD ZONE: "X" BASE FLOOD ELEVATION: NIA CONTROL PANEL NUMBER: 1251D20D046 EFFECTIVE: REVISED: 1!5!1989 LOWEST FLOOR ELEVATION: 19.32'NGVD GARAGE FLOOR ELEVATION: NIA LOWEST ADJACENT GRADE : 1$.20'NGVD HIGHEST ADJACENT GRADE; 18.63'NGVD REFERENCE BENCH MARK: ALS SU-D6-D023 Elev.-17.70'NGVD CERTIFY TO: 1. Maria Christina Robles 2. 3. a. 5. 6. EASEMENTS ACCORDING TO THE PLAT THEREOF:None ENCROACHMENTS ACCORDING TO THE PLAT THEREDF: Drive encroaches into right of way on North side of property, S~'~C Nor vauo WITHOUT N4TE5: THE slcNAtuR~ ANo i. 7X15 SURVEY CONSISTS OF A MAP AND A TEXT REPORT. ONE IS NOT VALID WITHOUT THE OTHER THE ORSCINAL RAISED 2. OWNERSHIP OF FENCES AND WALLS IF ANY, NOT DETERMINED . . sEAI of A FaoRIPA ucENS~o suRVeYaR 3. THIS SURVEY IS MADE FOR THE EXCLUSIVE USE OF THE CER~FIED HEREON. TO BE VALID ONE YE AR ANA 1~IAPPFR. FROM THE DATE OF SUR VEY AS SHOWN HEREON. Fli - FINE HYDRANT LI=GEND OF ABBR O.D. -DECD DGDK FI(~ TfONS: SO. FT. - SOUARE FEET P.B. ~. PI A7 POPK a A - PELTA - ARO {TNCTH ~C~F - CNALCNULAIE6~~ MA P C. ~ C 0. N ~' REOO F.H. I = OFFl trAL ~CCRPS DOOK ~ ~ ~~ AIDMiND41 . C.R. - PA L,.M DEACM C .W T f R05 ((P~ P T . ~ ~ 7 C.6- T - T AlI GENT - piCftP BEARING etw. - eWLE'/ARP ENCH. - F.NCFioApIUENY - LA R - RADR75 Napo -NAIL AxD Dlsc ELEC. F.F. CL£C -ELECTRIC - FlNISN FLOIXl C.B.S - CaNCRfTE 9LOC1( SIAUCIURE /µ' R - RIQiT-OF-WAY LP. .. IRON PIPC P. 9. - PDINT OF BEGINNING C . SEC. •~ ELECTRIC -• SECTION P.C. •+ PdNT OF' WRYATURE LR. „IRON RPP PA M E A -AIR CONDUlONER F D F ~- -TOWNSHIP PP -POWER PALE . . -P RMANENT REF[RENCE MONUMENT . ~. GGND P O C PO NT OF C f $CE. -RANGE 151 -WATER METER NCVp - NAIiONAL CEODETlc vERncu. DATUU V E uT TY . . . - I OMM TlCFMFI:T CIIATT - CHATTAH OC a - CEHTEALINE 0.1{. OyQENANG . . - IU EASENCNT D E - DRHNACE {JlSpAENT . I[EE P STA - STA310N !!SPX- - ASPHAET N - NCIiTN . A.E. .. nNCHOR EASE:AEN7 . FPL. - FLORIDA PGri>:R AND UGNT F( }I uANHOLE 5 E - SWTH -EAST MAINT. - MAINTENANCE N.T.S. - N0T TO SCALE ) P Lt M - MEASUREp - L1CHT POLE W - HEST ESMT. - EASEUFNi ELEV F ~ T10 E P.C.R. - DROWAAD COUNTY RECORDS o C R - OApE CWNTY RECOR P,D. "PLAT 8001( CONC. - CP'iFAETE . ~ t t A N D.M. - RFNCH MARK . , , DS PT. - PdNT OF TANGENCY O.R.D. - PFFICIAL RECORDS 6001( 1150 E. ATLANT3c BLVD. ACCURATE LAND SURVEYORS, INC. TEL. (954) 782--1441 POMPANO BEACH FLORIDA 33060 L.B. #3fi35 FAX. (954) 782-1442 SHEET 1 OF 1 N O~ \~ ~G~ ~~~ ~~~ G~~Q O~~ 49 0 20 49 GRAPHEC SGALE 1'=40' W E S N.~. 2nd STREET 50' RIGHT-OF-WAY 0 5.04' 135.00' ° 2.00' N 8 9}, ~ LOT 1 ° ~ 2' REAR DED1CATION BLOGK 75 g 5' FRONT DEDICATION z $ i*7 W ~ ~ w ~1 0 ~ Q ~ ~ a = rt ~ ° n LOT 2 n z BLOCK 75 -° .~ ~ „ ° m N. LINE OF LOT 3 BL9CK 75 °° NORTH 20.5' OF LOT 3 e Aso . 2D.D0' ° ~.°~ BLOCK 75 --.TT........ --- soot - 5.00' 135.00- 1 - 2.00'- ~ ~~, REMAINDER OF LOT 3 e,~ SN BLOCK 75 ~I ~~ (NOT INCLUDED) ~~ ~ ~ j SEA ~ ~ L------------------- Nor vnuD wITHOUr ---J - THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A iLORIDA LICENSED SURVEYOR AND MAPPER. DESCRIPTION OF DEDICATION: The East 5.00 feet and the West 2.06 feet of the fallowing described GFRTIFICATION: parcel of land; WE HEREBY CERTIFY THAT THE ATTACHED SKETCH OF THE HEREON DESCRIBED PROPERTY ES TRUE AND CORRECT TO THE HEST OF OUR KNOWLEUGE AND BELIEF AS pELINEATFD UNDER OUR DIRECTION AND LOt5 i and 2, and the North 20.5 Feet of Lot 3, B10Ck 7S, Clty Of DUES NOT CONSTITUTE A HELD 5URh1EY AS SUCH. I FURTHER CERTIFY THAT THIS SKETCH MEETS THE MINIMUM TECHNICAL STAiJDAROS FOR betray Beach, according to the Plat thereof in the off ce of the Clezk LAND SURVEYING UNDER RULE 67677-fi FLORIDA ADMINISTRATIVE CODE. of the circuit Court in and foz Palm Beach COUnty, Florida, in Plat AbOPTED 6Y THE FLORIDA $DARD OF LAND SURVEYORS, MAY 1995. Baok 1, Page 3. ftEN510N5 DATE $Y ~~~~'T/~ ROBERT L. 7'HOMPSDN (PRESIDENT PROFESSIONAL SURVEYOR AND MAPPER Np3669 -STATE-OF FLOR1pA DATE 04-21-OB DRAWN $Y MLW CHECKED BY MLW FlELD BDOK flLE SCALE 1"= 40' NUS SU-0$-1046 3RD ~ ~ a z w Z Lv w w ¢ Z 4 Z N 2ND 5T. S.E. > w a ~ ¢ ~ Q F z ~ ° N SUBJECT SANDS TERRACE ~~ PROPERTY 135 NE 1ST AVENUE PLANNING AND ZONING DEPARTMENT LOCATION MAP -- DlG17AL &45E MAP SY57EM -- MAP REF: 5:\Planning &Zoning\DBMS\File-Cob\Z-LM 1001-450D\LM1050_Sands Terrace ~ 7 ~ ~ a O ~ m ~ S ci O t,.i ~ ti 1ST 0 0~~ z 0 Z vi 3 A T L A N T I C A V E N U E Prepared by: RETURN: R Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 PIN # R.~GHT-4F-WAY DEED THIS INDENTURE made this ~~~ day of ~1°/2 ~~ 200`' between jr}o9- G/3 ~RlSt !i/.~ ~{. ~~~ s with a mailing address of i° D . ~k ~~ l ~. ~'DR~~ ~F2/~~ 5, ~L .~.~o7s-`C61 ~; as party of the first part and CITY 4F DELItAY BEACH, FLORIDA, a Florida mutucipal corporation with a mailing address of T00 N W, lst Avenue, Delray Beach, Florida 33444; as party.of the second pack. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all righ#, title, interest, claim and demand which the party of the first part has in and tc3 the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" atkached hereto_ This Deed is made for the purpose of giving and granting #o the party of the second part, its successors and assigns, aright-of way and easement in and to said lands for public highway, street, and. public utility purpases and the maintenance thereof; and is made, executed anal delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and. reves in the party of the fast part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of way shall be subject only to thane easements, restric~ons, and reservation of record. The party of the first part agrees to pmvide for the release of any and all mortgages or liens encumbering this right-of way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property- Party of the frst part does hereby fully warrant the title to said land and will defend the same against the lawfiil claims of aIl persons whomsoever claimed by, through or under its tha# h has good right and iawfiil au#hority to grant the above-describedright-of-way and that the same is unencumbered Where the content of this Right-of may Oeed. allows or pernuts, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining; and all the estate, right, title, interest, and claim whatsoever of the said party of the fast part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the fast part has hereunto set their .hand and seal the date first above written. Signed, sealed and delivered in thyc~Cence of: (Name printed or typed] (Name printed or typed} PARTY OF THE FIRST PART By: {Name printed or typed] ~ _ _....., ...... f? (~. f3c~1C 9~ ~~ (Address] STATE OF _~_~ _ - COUNTY OF ~~dr~~J The foregoing insi><vment was acknowledged before me this ~T day of ~_..~ 200~`bY _ L >~~ who is personally known to me or has produced. -_-. ~~-,~ [~- .__ as identification :~:: ,;~ .~~ '~ MARL RAMER :.: .- MY COMMISSION # nD 714645 ~ , ~= EXPIRES: September 11, 2D11 - ~Rf~~`~ Bond§dThruNakirytoUndonvA~eis z ~~ ~~~~ Si ~y of Notary Public - State of Florida EXHIBIT A ISO ~. ATLANrIC BLVD. ACCURATE LAND SURVEYORS, INC. TEL. (ss4) 782--:44, POMFANQ 6eAGH FLORIDA 33060 L.B. #3635 FAX. (954) 782-1442 SHEET 1 OF 2 TYPE OF SURVEY: BOUNDARY D$-D757 JOB NUMBER: SU-07-06$6 LEGAL DESCRIPTION: Lots 1 and 2, and the North 20.5 Feet of Lat 3, Block 75, City of Delray Beach, according to the Plat thereof in the office of the Clerk of the circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 3. ADDRESS: 135 NE 1ST AVE DELRAY BEACH, FL 33444 FLOOD ZONE: "X" BASE FLOOD ELEVATION: NIA CONTROL PANEL NUMBER: 1251D20D046 EFFECTIVE: REVISED: 1!5!1989 LOWEST FLOOR ELEVATION: 19.32'NGVD GARAGE FLOOR ELEVATION: NIA LOWEST ADJACENT GRADE : 1$.20'NGVD HIGHEST ADJACENT GRADE; 18.63'NGVD REFERENCE BENCH MARK: ALS SU-D6-D023 Elev.-17.70'NGVD CERTIFY TO: 1. Maria Christina Robles 2. 3. a. 5. 6. EASEMENTS ACCORDING TO THE PLAT THEREOF:None ENCROACHMENTS ACCORDING TO THE PLAT THEREDF: Drive encroaches into right of way on North side of property, S~'~C Nor vauo WITHOUT N4TE5: THE slcNAtuR~ ANo i. 7X15 SURVEY CONSISTS OF A MAP AND A TEXT REPORT. ONE IS NOT VALID WITHOUT THE OTHER THE ORSCINAL RAISED 2. OWNERSHIP OF FENCES AND WALLS IF ANY, NOT DETERMINED . . sEAI of A FaoRIPA ucENS~o suRVeYaR 3. THIS SURVEY IS MADE FOR THE EXCLUSIVE USE OF THE CER~FIED HEREON. TO BE VALID ONE YE AR ANA 1~IAPPFR. FROM THE DATE OF SUR VEY AS SHOWN HEREON. Fli - FINE HYDRANT LI=GEND OF ABBR O.D. -DECD DGDK FI(~ TfONS: SO. FT. - SOUARE FEET P.B. ~. PI A7 POPK a A - PELTA - ARO {TNCTH ~C~F - CNALCNULAIE6~~ MA P C. ~ C 0. N ~' REOO F.H. I = OFFl trAL ~CCRPS DOOK ~ ~ ~~ AIDMiND41 . C.R. - PA L,.M DEACM C .W T f R05 ((P~ P T . ~ ~ 7 C.6- T - T AlI GENT - piCftP BEARING etw. - eWLE'/ARP ENCH. - F.NCFioApIUENY - LA R - RADR75 Napo -NAIL AxD Dlsc ELEC. F.F. CL£C -ELECTRIC - FlNISN FLOIXl C.B.S - CaNCRfTE 9LOC1( SIAUCIURE /µ' R - RIQiT-OF-WAY LP. .. IRON PIPC P. 9. - PDINT OF BEGINNING C . SEC. •~ ELECTRIC -• SECTION P.C. •+ PdNT OF' WRYATURE LR. „IRON RPP PA M E A -AIR CONDUlONER F D F ~- -TOWNSHIP PP -POWER PALE . . -P RMANENT REF[RENCE MONUMENT . ~. GGND P O C PO NT OF C f $CE. -RANGE 151 -WATER METER NCVp - NAIiONAL CEODETlc vERncu. DATUU V E uT TY . . . - I OMM TlCFMFI:T CIIATT - CHATTAH OC a - CEHTEALINE 0.1{. OyQENANG . . - IU EASENCNT D E - DRHNACE {JlSpAENT . I[EE P STA - STA310N !!SPX- - ASPHAET N - NCIiTN . A.E. .. nNCHOR EASE:AEN7 . FPL. - FLORIDA PGri>:R AND UGNT F( }I uANHOLE 5 E - SWTH -EAST MAINT. - MAINTENANCE N.T.S. - N0T TO SCALE ) P Lt M - MEASUREp - L1CHT POLE W - HEST ESMT. - EASEUFNi ELEV F ~ T10 E P.C.R. - DROWAAD COUNTY RECORDS o C R - OApE CWNTY RECOR P,D. "PLAT 8001( CONC. - CP'iFAETE . ~ t t A N D.M. - RFNCH MARK . , , DS PT. - PdNT OF TANGENCY O.R.D. - PFFICIAL RECORDS 6001( 1150 E. ATLANT3c BLVD. ACCURATE LAND SURVEYORS, INC. TEL. (954) 782--1441 POMPANO BEACH FLORIDA 33060 L.B. #3fi35 FAX. (954) 782-1442 SHEET 1 OF 1 N O~ \~ ~G~ ~~~ ~~~ G~~Q O~~ 49 0 20 49 GRAPHEC SGALE 1'=40' W E S N.~. 2nd STREET 50' RIGHT-OF-WAY 0 5.04' 135.00' ° 2.00' N 8 9}, ~ LOT 1 ° ~ 2' REAR DED1CATION BLOGK 75 g 5' FRONT DEDICATION z $ i*7 W ~ ~ w ~1 0 ~ Q ~ ~ a = rt ~ ° n LOT 2 n z BLOCK 75 -° .~ ~ „ ° m N. LINE OF LOT 3 BL9CK 75 °° NORTH 20.5' OF LOT 3 e Aso . 2D.D0' ° ~.°~ BLOCK 75 --.TT........ --- soot - 5.00' 135.00- 1 - 2.00'- ~ ~~, REMAINDER OF LOT 3 e,~ SN BLOCK 75 ~I ~~ (NOT INCLUDED) ~~ ~ ~ j SEA ~ ~ L------------------- Nor vnuD wITHOUr ---J - THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A iLORIDA LICENSED SURVEYOR AND MAPPER. DESCRIPTION OF DEDICATION: The East 5.00 feet and the West 2.06 feet of the fallowing described GFRTIFICATION: parcel of land; WE HEREBY CERTIFY THAT THE ATTACHED SKETCH OF THE HEREON DESCRIBED PROPERTY ES TRUE AND CORRECT TO THE HEST OF OUR KNOWLEUGE AND BELIEF AS pELINEATFD UNDER OUR DIRECTION AND LOt5 i and 2, and the North 20.5 Feet of Lot 3, B10Ck 7S, Clty Of DUES NOT CONSTITUTE A HELD 5URh1EY AS SUCH. I FURTHER CERTIFY THAT THIS SKETCH MEETS THE MINIMUM TECHNICAL STAiJDAROS FOR betray Beach, according to the Plat thereof in the off ce of the Clezk LAND SURVEYING UNDER RULE 67677-fi FLORIDA ADMINISTRATIVE CODE. of the circuit Court in and foz Palm Beach COUnty, Florida, in Plat AbOPTED 6Y THE FLORIDA $DARD OF LAND SURVEYORS, MAY 1995. Baok 1, Page 3. ftEN510N5 DATE $Y ~~~~'T/~ ROBERT L. 7'HOMPSDN (PRESIDENT PROFESSIONAL SURVEYOR AND MAPPER Np3669 -STATE-OF FLOR1pA DATE 04-21-OB DRAWN $Y MLW CHECKED BY MLW FlELD BDOK flLE SCALE 1"= 40' NUS SU-0$-1046 MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, PE, Asst.City Engineer Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: July 28, 2008 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 ACCEPTANCE OF WATER EASEMENT DEED/5TH AVENUE AT DELRAY BUILDING ITEM BEFORE COMMISSION Approval of an exclusive water easement for a new fire hydrant for 5th Avenue at Delray. BACKGROUND A fire hydrant will be installed on the west side of N.E. 5th Avenue for the 5th Avenue at Delray Building. The fire hydrant installation is for compliance with Fire Department requirements. The location of the hydrant is based on the proximity to an available water main. RECOMMENDATION Staff recommends acceptance of water easement. ;'` ~` Y'~ *' s 3 L.. a ~... ~ _ a ~ ~~ ~~ :.. „f 8 _. ~, _ ,. .~,~, ~; ~. _ _ _ ~ ~, ~! a .z .. i , ~ rr_ . .b .9 . ~. ~ ~ o ~ ~i _..-. Y, .ray ~~_ I ~ ~~ " :,, _ ~.~. -~__.$! '• .~ ~ ;III I ^; ._ ;.._- ~ F^'~"~17 ,_F ~~~ ° n F _ 4.. e ~ \ ~ ~ 1I~ ~__~ ~ _ - J Q W D W L~ __ ST. N.E. - 1ST rn 3 a i ~ i - - Z D - Z 0 m 0 z I ST. 'L CITY of DELRAY BEACH 5TH AVENUE AT DELRAY~ °n1E:o~/11/loos d ENVIRONMENTAL 3ERVICE3 DEPARTMENT ®s LOCATION MAP 51H AYE AT o°nAY LocuAv ~ 434 801Ji1~ 8WMON AVBdUE, DBAAY BE4CH, RORDA 39444 TAC ~ O f MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: July 24, 2008 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/WEST CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of ($92,025.93) and final payment amount of $74,201.17 to West Construction, Inc. for the completion of the Environmental Services Administration Facility Project #2005-049. BACKGROUND The project scope consisted of the construction of a new, one-story administration building with offices and conference rooms, equaling approximately 10,800 square feet, in addition to utility work, landscaping, and irrigation; located at 434 South Swinton Avenue. The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #640741 to funding accounts 334-6111-519-62.32 (General Construction Fund/Capital Outlay/ESD Building Expansion) and 441-5161-536-62.32 (Water/ Sewer Fund/Buildings/ESD Building Expansion). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of ($92,025.93) and final payment amount of $74,201.17 to West Construction, Inc. for the completion of the Environmental Services Administration Facility Project. CITE' ®F I9ELRAY BEACFI CHANGE ORDER T® ORIGINAL C®?4TTRACT CI-IANGE NO. I Tr final (Contract Claseont} PROJECT N0. ZE105-049 DATE: PROJECT TITLE: Environmental Services Aelminisiration 1~ acility TO CONTRACTOR: blast Construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached. Schedule "A" SUMMARY OF CON"T"RACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT COST OF CONSTRUC'T'ION CHANGES PREVIOUSLY ORDERED ADNSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PERCENT DECREASE THIS CHANGE ORDER -3.1 a°/v TOTAL PERCENT DECREASE TO DATE -3.10% $2,965,930.86 $ .aa 52,965,930.86 ($_92,025.93) $Z,873,90A~.93 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted. are fair and reasonable and in proper ratio to the cost of the original work contracted for u~~der benefit of competitive bidding. West Construction, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER C*unding is available frpm account: DEPARTMENT FUNDING DELRAY I3EACH, FLORIDA by its City Commission RECOMMEND: Environmental Services APPROVED: City Attorney By; Mayor ATTEST: BY~ _.- City Clerk CERTIFIED BY 5:1EngAdttvnlProjects~200S3©fl5-0491C3FF3CIAG1C0 i Fin~I Wes[ Construction aC:08fl50R.dac SCIIED[JLE "A" TO CHANGE ORDER NO. l !FINAL (CONTRACT CLOSEOUT) WEST CONSTRIiCTION, INC. CNVIRONI~IENTAL SERVICES DEPARTMENT ADMINISTRATIVE Oll`~'1CE P1N 2005-U49 CONTRACT AWARD CONTRACT TO BATE ITEM NO. [IESCRIPTION UNIT EST. 4TY• Extended Total UNIT PRICE Prlce ACTUAL QTY' Extended Tatal UNIT PRICE Prue F;ANT AI)J. Q +I- i Survey LS 1 $ 18,080.00 $ 18,080A0 100% $ 18,480.00 $ 18,48D.D0 $D.00 2 Bond LS 1 $ 31,660.69 $ 31,660.69 100% $ 31,660.69 $ 31,660.69 $0.00 3 Project Management LS 1 $ 160,750.00 $ 160,750.00 100°/ $ 160,750.00 $ 16D,75D.06 $0.00 4 Builders Risklnsurance LS 1 $ 13,574.64 $ 13,574,00 100% $ 13,574.00 $ 13,574.00 $0.00 5 Temp. Facilities LS 1 $ 10,311.00 $ 16,311.66 ip0% $ 10,311.06 $ 10,311.D6 $0.00 6 Safety LS 1 $ 4,500.00 $ 4,56D.Dp iD0% $ 4,5D0.00 $ 4,500.00 $O.DO 7 MOT LS 1 $ 11,300.00 $ 11,300.00 iD0% $ 11,3Dp.D0 $ 11,3D0.00 $D.00 8 Pro ectlD Signage LS 1 $ 861.25 $ 861.25 10D°/ $ 861.25 $ 881.25 $O.OD g Equipment Rental Small Toals LS 1 $ 4,520.04 $ 4,520.00 160 % $ 4,52D.pD $ 4,520.00 $0.00 1p Punch List LS 1 $ 5,D4p.00 $ S,DDO.pD 100% $ 5,000.00 $ 5,000.00 $p,DO Y1 Clean Up & Gantainers I_S 1 $ 16,439.35 $ 16,439.35 1pD°/ $ 16,439.35 $ 16,439.35 $0.00 12 Temp. Fence LS 1 $ S,SOD.OD $ 6,500.00 100% $ 6,560.00 $ 6,500.130 $D.00 13 Sail Treatments LS 1 $ 1,792.10 $ 1,792.10 100% $ 1,792.10 $ 1,792.10 $OAO iq ErosionCaMrols LS 1 $ 4,486.00 $ 4,486.00 100% $ 4,486.00 $ 4,486.60 $OAO 15 Site Amenities LS 1 $ S,OOD.pD $ 5,D40,00 100% $ 5,000.00 $ 5,000.00 $0.40 1& Fence & Gates LS 1 $ 8,650.00 $ 8,650.00 100% $ 8,550.00 $ 8,650.00 $0,40 17 Concrete LS i $ 333,650.66 $ 333,650.04 1DD% $ 333,fi5D.00 $ 333,650.00 $0.{30 18 Masonry LS 1 $ 82,490.40 $ 82,480.00 100% 5 82,490.06 $ 82,496,00 $0.00 ig Structural Steel LS 1 $ 22,777.31 $ 22,777.31 100% $ 22,777.31 $ 22,777.31 $0,00 2D Misc. Metal Fabrications LS 1 $ 14,170.00 $ 1A,170.00 100% $ 14,170.OD $ 14,170,00 $0.00 21 Rough Carpentry LS 1 $ 32.371.4D $ 32,371.40 100% $ 32,371,40 $ 32,371.40 $p,pD 22 Special Carpentry LS 1 $ 28,238.50 $ 28,238.50 166% $ 28,238.56 $ 28,238.50 $0.00 23 Heavy Timber Construction LS 1 $ 74,58D.Op $ 74,580.00 iD0 % $ 74,586.00 $ 74,580.00 $0.00 24 Decking & Sheathing LS 1 $ 16,950.00 $ 16,950.00 10D % $ 16,950.OD $ 16,950.00 $6.00 25 Truss Carpentry LS 1 $ 85,921.60 $ 85,921.60 100% $ 85,921.64 $ 85,921.66 $0.00 26 Finish Carpentry LS i $ 16,956.66 $ 16,954.06 ip0% $ 16,956.D0 $ 16,950.00 $p.p0 27 Mitlwark & Cabinets LS 1 $ 52,759.60 $ 52,759-60 100 % $ 52,759,60 $ 52,759.60 $O.DO 28 Buildin Ensulation LS t $ 16,523.55 $ 16,523.55 1pp°1° $ 16,523.55 $ 1fi,523.55 $0.00 29 Metal Roofing LS 1 $ 145,510.10 $ 1A5,510.10 100% $ 145,510.1{) $ 145,510,10 $0.00 30 Hollaw Metal Doars & Hardware LS 1 $ 87,812,20 $ 87,812.2D 100% $ 87,812.20 $ 87,812.20 $O.DO 32 Storefrant & Windows LS 1 $ 67,54D.0D $ 67,540.00 100°/ $ 67,540.00 $ 67,540.00 $0.00 32 $tUGC6 LS 1 $ 124,3DD.06 $ 124,366,66 100°/a $ 124,300.00 $ 124,300.00 $D.flO 33 ~rywali& Framing LS 1 $ 124,300.00 $ 124,30000 100% $ 124,360.00 $ 124.30D.40 $O.flO 34 Acoustic Ceilings LS 1 $ 13,390.5D $ 43,390.50 100% $ 13,390.50 $ 13,390.50 $O.OD 35 Carpeting Tile Flooring LS 1 $ 78,800.55 $ 78,8D0.55 100% $ 78,800.55 $ 78,800.55 $D.DO 36 Paint LS 1 $ 47,330,66 $ 47,330.00 100% $ 47,33p.D0 $ 47,330.00 $6.4D 37 ToiletGom artments LS 1 $ 3,164.D6 $ 3,ifi4.00 ifl0% $ 3,164,66 $ 3,164.00 $0.40 38 Louvers LS 1 $ 1,989.88 $ 1,989,88 100% $ 1,989.68 $ 1,989.88 $0.00 39 Flag Pale LS 1 $ 2,260.00 S 2,260.00 1(30% $ 2,26D.Op $ 2,260.00 $0.40 40 Si na e ~ Directories LS 1 $ 8,528.01 $ 6,528.01 100% $ 6,528.01 $ 8,528.01 $O,pO 41 Fire protect"son Specialties LS 1 $ 1,723.26 $ 1,723,20 164% $ 1,723.20 $ 1,723,20 $0.00 42 Exterior Shade Devices LS 1 $ 21,198.80 $ 21,198.8D 100% $ 21,198.80 $ 21,198.80 $D.00 43 Toile Bath Accessories LS 1 $ 17,248,96 $ 17,248.96 160% $ 17,248,96 $ 17,248.96 $0.00 44 Restaurant Equipment LS 1 $ 7,78D.00 $ 7,780.00 100% $ 7,780A0 $ 7,780.00 $0.00 4S PlumSin LS 1 $ 83,055.00 $ 83,655.06 100% $ 83,055.60 $ 83.p55Ap $0.00 46 HvAC LS 1 $ 271,2DD.0p $ 271,200.00 100% $ 271,240.00 $ 271,200.00 $6.00 47 Electrical LS 1 $ 319,637.45 $ 319,637.45 ipp% $ 319,637.45 $ 319,637.45 $0.00 48 Beauty I.eafTree EA k $27b,(30 $ 552.00 2 $ 276.0D $ 552.00 $0.00 49 Ja anesc Fsrn Tree EA 2 $385.:5 $ 770,50 2 $ 385.25 $ 770.50 $0.06 50 Alexander Palm FA 2 5517.5{) $ 1,035.00 4 $ 517.5D $ 2,070.Dfl $1,035.00 51 Li~~e Oak EA 12 5287.5fl $ 3,450.60 12 $ 287.50 $ 3,456.66 $O.OD 52 ("saml)o Lizribo IAA 4 5241.,50 $ 2,173.50 9 $ 241.50 $ 2,173.50 $0.60 53 Sa6alPaltn EA 33 $166.75 $ 5,562,75 33 $ 166.75 $ 5,502.75 $6.00 54 Ra aI Paisn EA 4 $1,b10.00 $ 6,440.00 2 $ 1,616,66 $ 3,22D.00 ($3,220.00) 55 Arloricola EA 24 59.20 $ 220.80 24 $ 9.24 $ 226.86 $0.00 56 Cc3co lure EA 22b $9.20 $ 2,479.20 226 $ 9.20 $ 2,679.20 $0.00 57 Pur ie Crinum Lit FA. 24 $86.25 $ 2,070A0 24 $ 86.25 $ 2,676.00 $O.DO 58 Furo can Fan Palm FA 8 $23U.00 $ 1,846.60 8 $ 236.00 $ 1,840.00 $O.DO 59 Dwarf Fakahaichee Grass EA 176 510.35 $ 1,821.60 176 $ 10.35 $ 1,821.60 $0.00 fi4 Grsen lstand F'icus I;A 210 $11.56 $ 2,415.OD 210 $ 11,56 $ 2,415.00 $0.00 U:1Sehedute A to CO 1 Final,xEs fTEA7 NO. DESGRIPTIpN ~ UNIT E3T QTY. Extended Total UNIT PRICE Price ACTt1AL QTY. Extended Total I1NIT PRICE Price UANT AI3J. Q -~ 1- 61 Hibiscus Tree EA 11 $74.75 $ 822-25 13 $ 74.75 $ 822.25 $O.OD 62 Ti Plant EA 6 Si1.50 $ 69.DD 6 $ 11.5n $ &s-60 $4.DD 63 Trinette }iA 13$ $14.39 $ 1,428.30 138 $ 1D.35 $ 9,428.30 $0.00' 6a Vrburnum EA 78 $10.35 $ 807.34 78 $ 10.35 $ 8D7.30 $0.00 66 St, Au Stine Sod SF 7,500 $0.35 $ 2,fi25.00 53500 $ 0.35 $ 18,725.00 $16,16fl.06 s& Mrrlclr CY 34 560.00 $ 1,sa6.6D 30 $ 60,00 $ 1,8a6.DD $6.66 67 Irri ration L5 1 $34,356.0(1 $ 34,356.40 100% $ 34,356.00 $ 34,356.00 $D.DO 68 Concrete Curb FDO'1" T e "D" LF 835 513,00 $ 10,855.00 863 $ 13.00 $ 11,239.00 $364,00 69 Pavernent Markin *s & Si na =e LS 1 $3,407.00 $ 3,407.00 1 $ 3,407.00 $ 3,4D7.60 $0.00 70 1 1/2" Asphalt SY 5,292 $I1.Sfl $ 60,858.00 1827 $ 11.5D $ 21,410.50 ($39,847.50): 71 8"LirrrerockSase 5Y 5,557 $I3.50 $ 63,9D5.50 #928 $ tt.50 $ 22,172.00 ($41,733.50) 72 12"Stabilized Sub •ade SY 5,835 .$5.00 $ 29,175.00 2032 $ 5.00 $ t0,t80.D0 ($19,015.00) 73 5' Wide Concrete Sidewalk remove and LF 284 8'35.00 $ 9,940.00 2s0 $ 35.00 $ 9,100,00 {$840.00) 74 Concrete Pavers Bricks SF 3 992 $10.40 $ 39,920.04 1833 $ 10.00 $ 18,330.00 ($21,590.04 75 I8"11DPE I_F 507 $41.04 $ 20,787.00 522.3 $ 41 AD $ 21,414.30 $627.30 76 $" PVC Clean Oafs For Roof Drains EA - 2 $600.40 $ 1,2DD.D0 3 $ 600.00 $ 1,800.00 $60f1.DD 77 Storm Drain EA 5 $2,875.00 $ 14,375.00 5 $ 2,87500 $ 14,375,00 $0.00 78 Manhpies EA 2 $2,875.00 $ 5,750.04 2 $ 2,875.00 $ 6,750.04 $0.00 79 Crradin= and Soddin LS 1 522,150.00 $ 22,150.D0 100% $ 22,150.00 $ 22,150.00 $0.00 80 As halt Pavernent Re air/Restoration L5 1 $4,025.00 $ 4,025.00 700% $ 4,025.00 $ 4,D25.60 $0.00 87 8" PVC LS 525 $64.43 $ 40,268.75 553.25 $ 64.43 $ 35,645.90 ($4,622.85} 82 6" PVC LF 87 $62.43 $ 5,431.A1 140 $ 62.43 $ 8,740.20 $3,308.79 83 6"PVC Clean Out EA 2 $294.00 $ 580.00 4 $ 29D.00 $ 1,960.00 $584.00 84 Man IIoles EA 2 53,220.00 $ 6,440.00 2 $ 3,22D.00 $ 6,440.00 $0.00 8S Water Service with ItPZ LS 1 $6,04U.00 $ 6,000.00 100% $ 6,000.00 $ 6,000.00 $4.00 86 Irrigation Service with RPZ LS 1 $4,000.00 $ a,6oo.6D 100°/° $ 4,000.00 $ 4,D00.40 $0.00 87 As-Built Drawin =s LS 1 $>,Ofl4.40 $ 5,OOO.D6 100 % $ S,OOO.flO $ 5,40D.04 $0.60 88 Contin=enc Allowance LC l $75,000.00 $ 75,000.00 t00% $ 75,000.00 $ 75,006.DD $0.04 89 Indemnification LS I $I4.40 $ 10.00 3 $ 30.fl0 $ 10,OD $D.DD Value En ineerin Deductions $0.40 Stncco soff€t in lieu afPVC board LS 1 (I0,(?40.00) $ (10,000.00) 1 $ (10,000.00) $ (10,000.00) $0.130 Wood Trusses in lieu ofHeavv Timbers LS 1 (1b,000.00) $ (16,000.00 1 $ (16,400.D0) $ (16,60000) $0.00 Ccncrefewalks, in lieu ofconcretc pavers LS 1 (IO OOfl.04) $ {10,000.00} t $ (ip,004.00) $ (10,000.04) $0.66 Ic ene InsutationlRi~id Iris. LS 1 (5,4fl0A0) $ (5.000,06) 1 $ {5,000.00) $ (S,OOO.Dp} $OAO CPR29 Add 4 Ceilin Sensors LS - - - 1 $ 3,727.83 $ 1,727.83 $ 1,727.83 CPR 30 Add Alcove for Vendin LS - - 1 $ 14,560.OD $ 14,500.00 $ 14,500,00 TQTAL pRiGINAL CONTRACT AWARD $ 2,965,930.86 $ 2,673,904.93 $92,825.93} griginal Contract Award $ 2,965,930.86 Previously Approved Changes $4.00 Total AwardlApproved to Pate $ 2,965,930.86 Final Contract to Pate $ 2,873,904.93 CF~ANGE ORtJE82 h~{3. 7 i FlP3A~ $ 92,025.93 11.1Schedule A to Gp 1 F1naLxis MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: July 25, 2008 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/RANDOLPH & DEWDNEY CONSTRUCTION, INC./FIRE STATION NO. 1 WIND RETROFIT ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of ($10,000.00) and final payment amount of $6,937.87 to Randolph &Dewdney Construction Inc. for the completion of the Fire Station #1 Wind Retrofit Project #2001-052. BACKGROUND The project scope consisted of upgrading ten (10) large garage bay doors utilized by the fire apparatus equipment to meet the minimum wind load requirements at Fire Station #1, located at 501 West Atlantic Avenue. The project is funded under the Hazard Mitigation Grant Program. The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #652322 to funding account 334-2311-522-62.87 (General Construction Fund/Buildings/Storm Hardening). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of (-$10,000.00) and final payment amount of $6,937.87 to Randolph &Dewdney Construction Inc. for the completion of the Fire Station #1 Wind Retrofit Project. cIT~ ®~' ~EI.RAY sEACx CHANGE ®RDER T® GRIGINAi/ C®N"I`RACT CHANGE. NO. 1 Final (Contract Closeout) PROJECT NO. 2001-01;2 DATE: PROJECT TITLE: Fire Station ~1 Wind Retrofit TO CONTRACTOR: Randolph & Dewdney Construction, Ine. YOU ARE HEREBY REQUESTED TU MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A" SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT COST OP' CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO 'T'HIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING 'I~HIS CHANGE ORDER PERCENT DECREASE THIS CHANGE ORDER -6.72% TOTAL PERCENT DECREASE TO DATE -6.72% $148,757.49 $ .00 $148,757.44 _~$~ a.ooo.oo~ $138,757.44 CERTIFIED STATEMENT; I hereby certify that the supporting cast data included. is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the anginal wank contracted for under benefit of corrtpetitive bidding. Randolph & 1Dewclney Construction, Ine. (Contractor to sign & seal) TO BE PILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER funding is available from accaunt: DEPARTMENT Environmental Services DEI..RAY BEACH, FLORIDA by its City Commission RECOMMEND: APPROVED; City Attorney FUNDING By: Mayer ATTEST: ~y: City Clerk S:\EnyAdmi~lProjects120011200L05210~'CICTAL'~.CO 7 Final Randglpla & I3ewdney GC U$OSOS,dgc CERTIFIED BY SCIIEDULE ,`A" TO CHANGE CfRDER NO. 1. /FINAL RANDOLPH & DEWDNEY CONSTRUCTION, INC. FIRE STATION #1 WIND RETROFIT PRQJECT #2001-052 CONTRACT AWARD CONTRACT TO llATE ITEM NO. DESCRIPTION UNIT EST' TY. UNIT PRICE EKTENDED TOTAL PRICE ACTUAL QTY. UNIT PRICE EIaTENDED TOTAL PRICE QI3ANT ADJ. + 1- 1 MobilizationlDemobilization LS 1 $ 5,000.00 $ S,000.Ofl 1 $ S,Ufl0.00 $ 5,000.00 $O.DO 2 QverheadCoilingDoor L$ 1 $ 121,747.44 $ 121,747.44 1 $ 121,747.44 $ 121,747.44 $OAO 3 Demolition & Disposal of Existing Sectional Doors LS 1 5 12,DOD.00 $ 12,004.00 1 $ 12,000.00 $ 12,600.OD 50.00 4 CantingencyAilawance LS 1 $ 10,000.00 $ ]0,(100.00 0 $ 1£I,OOO.Oi] 50.00 (STO,D04.00) 5 Indomnification I.S 1 $ 10.00 $ IO.OD 1 $ 10.fl0 $ 10.00 $0.00 TOTAL ORIGINAL CONTRACT AWARD $ 148,757.44 $ 138,757.44 {$10,000.04) Original Cantracf Award ~ 148,757.44 PrevinuslyApproved Changes $D.DD Total AwardlApproved to Date $ 148,757.44 Final Contractte Date $ 438,757.44 Gk~ANGE ARDER NO.2! FINAL $ (4f],OOQ.©0) Page 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: July 21, 2008 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 CONTRACT ADDITION/GLATTING .TACKSON KERCHER ANGLIN/OLD SCHOOL SQUARE PARK EXPANSION ITEM BEFORE COMMISSION Staff requests Commission approval of a contract addition for Glatting Jackson Kercher Anglin in an amount not to exceed $25,000 for additional planning consulting services in conjunction with the Old School Square Park expansion project. BACKGROUND A contract for master planning consulting services for the proposed Old School Square Park Expansion was awarded to Glatting Jackson Kercher Anglin by City Commission on April 7, 2007, in the amount of $128,500. Glatting Jackson was selected through a Consultant Competitive Negotiation Act (CCNA) process to perform a scope of services that included gathering of existing data, performance of site storm water management calculations, conducting stakeholder input forums including individual interviews, public input solicitation and design charrettes. Additionally, subsequent to stakeholder input, the scope included preparation of a master plan document that combined input received into a master plan proposal for the park. Presentation to the Commission of the master plan for formal approval completed the scope of services. The entire scope as described above was completed with the Commission presentation at the February, 2008 workshop meeting. Subsequently, feedback was received indicating that key stakeholders were concerned that the proposal did not adequately address their needs and vision for the park. An additional workshop presentation ensued as well as subsequent meetings with those stakeholders. Currently, we are working with the consultant and concerned stakeholders to revise master plan elements and configurations to better address the daily use and special event requirements of the site. Insofar as the scope was completed by the consultant and additional services have been requested, the attached contract addition was provided by the consultant for performance of the requested additional scope items. It includes revisions to the master plan as discussed with key stakeholders and future meetings with those stakeholders as necessary to reach consensus as to the master plan and phase one programming, including an additional presentation to City Commission. Fees for the additional work will be invoiced on an hourly basis not to exceed $25,000. FUNDING SOURCE Funding for this contract addition is available in account #334-4151-572-63.59, Old School Square Park Improvements RECOMMENDATION Staff recommends approval of a contract addition to Glatting Jackson for additional planning services for the Old School Square Park Expansion in an amount not to exceed $25,000. GLATTiNG JACKSON KERCHER ANGLIN We Plan and ©esign Livable Lommuni#ies ADDITIONAL SERVICES TO LETTER OF AGREEMENT Jack F. Gtatting, Founder July 17, 2008 Williaml.Anglin, Jr. David L. Barth Richard Hasko Gregory A. Bryla Dan E. Burden Directar of Environmental Services Frances E. Marino Clty Of Delray Beach Charles P. Cof?hte 434 S Swinton Avenue Jay H. Exum . Carey S. Haya Delray Beach, FL 33444 ,Jay R. Hoad Timothy T_ Jackson William C. Kercher,Jr. Walter M. Kulash RE: City of Delray Beach Old School Square Conceptual Master Plan Revisions Brent A. Lacy Glatting Jackson Project #20126.04 Shoran K. Lamantia Ian M. Lockwood Thomas J. McNlacken, Jr. Glatting Jackson Kercher Anglin, Inc. (Glatting Jackson) is pleased to provide the scope of services John H. Percy outlined below to the City of Delray Beach (Client} as an Additional Service to our Agreement for Troy P. Russ Peter C.Sechler General Consultin Services dated A rll 7 2007. Ali services will be rovided-under the terms and g I> > p Donald G. Wishart conditions of the above-referenced Agreement and any approved arrzendments or modifications thereto. SCOPE OF SERVICES Task [ -Master Plan Revisions, Additional Concepts -Glatting Jackson will revise the Conceptual Master Plan for Old School Square and/or provide additional master plan concepts as directed by the Client. Deliverables -As a result of this task, Glatting Jackson shall produce: ^ Revised/Additional Master Plan Concepts Task 2 -Additional Meetings -Glatting Jackson will prepare presentations and attend additional meetings as requested by the Client. Deliverables - As a result of this task, Glatting.Iackson shall produce: ^ Additional Presentations, Meetings PROJECT SCHEDULE -Glatting Jackson is prepared to begin work on the project immediately upon receipt of this executed Additional Services Agreement. GIatting Jackson, in consultation with 1389 Peachtree Street, NE Suite 310 the Client, shall perform its work in such a manner as to comply with an agreed upon schedule. Atlanta, GA 30349 P: 404541 6552 ,COMPENSATION 1523 38th St Dancer, CO 80202 P: 303 5243090 The fee for the Scope of Services detailed above shall be billed on a time and materials basis using the hourly rates listed in the above-referenced Agreement. Total fees and costs will not exceed Twenty- 120 North Orange Ave Orlando, FL 32801 five thousand dollars //$25 000.00) without the Client's written authorization. l ~ P: 407 843 6552 222 Clematis Street Other Direct Costs incurred in completing the scope of services listed-herein shall be billed as follows: Suite 240 West Palm Beach, FL 33401 P: 561 659 fi552 ^ In addition to the fee outlined above at _ times cost ® Included in the fee outlined above www.glatting.com !C-I We look forward to working with you on this project. If you find these terms acceptable, please sign where indicated below and return one signed original to Glatting Jackson for our f les. Please call me if you have any questions. Sincerely, David Barth Project Manager AGREED TO AND ACCEPTED BY: City of Defray Beach Glatting Jackson Karcher Anglin, Inc, By: By; David L. Barth Its: _ Its: Vice President Date: Date: Jul 17 2408 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: July 24, 2008 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 FLORIDA DIVISION OF EMERGENCY MANAGEMENT/OLD SCHOOL SQUARE WINDOW REPLACEMENT ITEM BEFORE COMMISSION This agenda item is requesting Commission approval/authorization for Mayor to execute agreement with the State of Florida, Division of Emergency management for the installation of 227 impact resistant glass windows in the Cornell Museum, Crest Theatre and Gymnasium buildings that comprise the Old School Square property. The agreement is for a total project cost of $647,365.00 of which $498,471.00 will be reimbursable expenses. BACKGROUND In 2004 Delray Beach was affected by hurricanes Francis and Jeanne. As a result the Federal Emergency Management Agency (FEMA) made funding available through the Hazard Mitigation Grant Program (HMGP). The City applied for funding to replace all the windows of the three buildings on the Old School Square property. The new windows will be certified to meet the wind and impact standards for wind up to 155 mph. The project cost is as follows: Federal Share: $485,524 (75%) Local Share: $161,841 (25%) Total Cost: $647,365 (100%) FUNDING SOURCE Funding is available in account 334-6112-519-46.90. RECOMMENDATION Staff recommends approval. O -~ L V =a a° ~= ~ M r' Y° _ OHO ~o ~- oLL - a W /H V ~ ~_ C~ U (~ N m (~ L 0 0 N Contract Nurr~ber: 09HM-1 G-10-60-02-003 Ci=DA Number: 97.039 FEDERALLY FUN®® St1BCCR~4NT AGREEMENT THIS AGRt"I MENT is entered info by the State of Florida, Division of Errtergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and the City of Delray Beach (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of l=lorida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: (1) SCOPE OF WORK The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment B. (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution and shelf end June 10, 2011, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. {5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments'" {53 Federal Register 803A-) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Educat'son, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational institutions," or OMB Circular No. A-122, "Cost principles for Nonprofit Organizations.'° ]f this Agreement is made with a commercial (far-profit} organization on a cost- reimbursement basis, the Recipient shalt be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shad retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of ail subcontractors ar consultants paid from #unds under this Agreement, for a period of five years from the date the audit repork is issued, and shall allow the Division or its designee, the State i Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of five years firom the date the audit report is issued, unless extended in writing by the Division. The five year period may be extended for the fallowing exceptions: 1. If any litigation, claim ar audit is started before the five year period expires, and ex#ends beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. (c) The Recipient shall maintain ail records for the Recipient and for ail subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of ail program costs, in a forma sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Wark - Attachment A -and ail other applicable laws and regulations. (d) The Recipient, its employees or agents, including ail subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the I~ivi$ion. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:04 p.m., local time, Monday through Friday. (c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or anon-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through the Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider ail sources of Federal awards, including Federal resources received from the Division. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. 2 In connection with the audit requirements addressed in this Paragraph 6 {d} above, the Recipient shall fulfill the requirements "for auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $600,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non- Federal funds. (e) Send copies of reporting packages for audits conducted in accordance with 4MB Circuiar A- 133, as revised, and required by subparagraph {d) above, when required by Section .320 (d}, OMB Circular A-133, as revised, by or on behalf of the Recipient to: The Division at each of the following addresses: Department of Community Affairs Office of Aud'€t Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [als® send an electronic copy to aurilla~,arrish(a7dca.state.fl.usj and Division of Emergency Management Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32 399-2 1 00 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (submit the number of copies required by Sections .320(d}{1) and (2), OMB Circuiar A-133, as revised), a# the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10t~' Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 {e) and (f), OMB Circular A- 133, as revised. {f) Pursuant to Section .320 {f), OMB Circular A-133, as revised, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Division at the following addresses: department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurilla. arrish eBca.state.fl.ass and Division of Emergency Management Bureau of Recovery and Mitigation 2555 Shumard Oak l3ouievard Tallahassee, Florida 32399-2100 3 (g) By the date due, send any reports, management letter, or other information required to be submitted to the Division pursuant to this Agreemen# in accordance with OM8 Circular A-133, Florida Statutes, and Chapters 10.550 {local govemmental entities) or 10,650 {nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the Division far audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.850 (nonprofit and for-profit organizations), Rules of the Auditor General, (i) If the audit shawl that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the ©ivision of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non-compliance. (j) The Recipient shall have ail audits completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions Hated above. The audit must be received by the Division na later than nine months from the end of the Recipient's fiscal year. {7) RI=P©RTS {a) The Recipient shall provide the Division with quarterly reports and aclose-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly repnrCs are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and E~ecember 31. (c) The class-out report is due 60 days after terming#ion of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. {d) If all required reports and copies are not sen# to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take a#her action as stated in Paragraph {11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work.- (e) The Recipient shall provide additional program updates or information that may be required by the ©ivision. (f) The Recipient shall provide additional reports and information identified in Attachment F. (8) MONITORING The Recipient shall monitor its performance under fhis Agreement, as well as that of its subcontractors andlor consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the 4 specified time periods, and other perFormance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with paragraph (6} above, monitoring procedures may include, but not be limited to, on-site visits by Division stafF, limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedureslprocesses deemed appropriate by the Division. In the event that the Division or the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division or the Department to the Recipient regarding such audit. The Recipient further agrees to compiy and cooperate with any inspections, reviews, investigations ar audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division wilt monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of ail tasks. (9j LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 788.28, Fla. Stat., the Recipient is safely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b} Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat, Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a s#ate agency ar subdivision of the State of Fiarida to be sued by third parties in any matter arising out of any contras#. (1#J} DEFAULT If any of the following events occur ("Events of Default"}, all obliga#ions on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph {11 }. However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a} If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b} If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change wi#hin thirty days from the date written notice is sent by the Division. (c} If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; E {d} If the Recipient has failed to perform and complete on tirr~e any of its obligations under this Agreement. (11) REMEDIES If an Event of Default occurs, then the Division may, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certii led mail-return receipt requested, to the address in paragraph (13} herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (e) 1=xercise any corrective or remedial actions, to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance ar lack of performance, 2. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advise the Recipient to suspend, discontinue or refrain from incurring casts far any activities in question ar 4. require the Recipient to reimburse the ©ivisian for the amount of casts incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be available under law. (g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. if the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, ar affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (12) TI~RMINATION {a) The Division may terminate this Agreement far cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on #fine, and refusal by the Recipient to permit public access to any document, paper, letter, or other material sub;ect to disclosure under Chapter 119, 1=1a. Stat., as amended. {b) The Division may terminate this Agreement far convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in fine with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. 6 (v) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures far proper closeout of the Agreement. {d} In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Grits incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because ofi any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. (13} NOTICE AND CONTACT (a} All natives provided under or pursuant to this Agreement shall be in writing, either by hand delivery, ar first vlass, certified mail, return receipt requested, to the representative named below, at the address below, and #his notification attached to the original of this Agreement. (b} The name and address of the Division contract manager for this Agreement is: Ms. Kathleen Marshall, Planning Manager Bureau of Recovery and Mitigation ©ivisian of Emergency Managerrient 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Telephone: (850} 922-5944 Fax: (850) 922-1259 Email: kathleen.marshall@em.myflorida.cam {c) The name and address of the Representative of the Recipien# responsible far the administration of this Agreement is: Mr. Randal Krejcarek, P.E. City Engineer City of Delray Beach 1C}0 Northwest 15t Avenue Delray Beavh, Florida 33444 Telephone: ((5E 1 } 243-7322 Fax: (561) 243-7314 Email: krejcarek c~ ci-defray-beach.fi.us (d} !n the event that different representatives ar addresses are designated by either party after execution of thus Agreement, notice of the name, ti#le and address of the new representative will be provided as outlined in {13)(a} above. (14} SU8CONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the fully executed subcontract must be forwarded to the Division within ten days of execution for review and approval The Recipient agrees to include in the subcontract that (i} the subcontractor is bound by the terms of this Agreement, (ii} the subcontractor is bound by al! applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against ail claims of whatever nature arising out ofi the subcontractor's 7 performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stet. {15) TIWRMS ANC3 CONt3[TIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMI^NTS {a) All attachments to this Agreement are incorporated as if set out fully. {b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shah control, but only to the extent of the conflict or inconsistency, {c) This Agreement has the following attachments: Exhibit 1 -Funding Sources Attachment A -Budget and Scope of Wark Attachment B -Program Statutes and Regulations Attachment C - Statement of Assurances Attachment l] -Request far Reirnlaurseent Attachment E -Justification of Advance Attachment F - Ouarteriy Report Form Attachment G -Warranties and Representations Attachment H - Cerkification Regarding f7ebarment, Suspension, Ineligibility and Voluntary Exclusion {17) FUNDINGJCONSIDI=RATION {a) This is acost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $ $95,479.00 subject to the availability of funds. All requests for reimbursement of administrative costs must be accompanied by the back-up documentation evidencing all such administrative casts. {b) Any advance payment under this Agreement is subject to Section 216.181(16), [= la,,,_„Y,, Stat., and is contingent upon the Recipient's acceptance of the righfs of the Division under Paragraph {12){b) of this Agreement. The amount which may be advanced may not exceed the expec#ed cash needs of the Recipient within the first three {3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. ff an advance payment is requested, the budget data an which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment F will specify the amount of advance payment needed and provide an explanation of the necessity far and proposed use of these funds. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Wark, Attachment A of this Agreement. a If the necessary funds are not available to fund this Agreement as a result of ac#ion by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial ©fficer or under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (18} RI=PAYMBNTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32339-2100 In accordance with Section 215.34(2), Fia. Sta#., if a check ar other draft is re#urned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. {13) MANDATED CQNDITI4NS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement, A11 of said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. {b} This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate arty other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act {Public Law 101-338, 42 U.S.C. Section 12101 et seg), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and focal government services, and telecommunications. (f) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded nr perform work as a contractor, supplier, subcontractor, or consultan# under a contract with a public entity, and may 9 not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or an the discriminatory vendor list. (g} Any Recipient which is not a local gavemment or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, #hat it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within afive-year period preceding this proposal been convicted of or had a civil judgment rendered against them far fraud or a criminal offense in connection with obtaining, attemp#ing to obtain, ar performing a public (federal, state or focal) transaction or contrac# under public transaction; violation of federal ar state antitrust statutes nr commission of embezzlement, theft, forgery, bribery, falsification nr destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise crirninaily or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(8)2. of this certification; and 4. have not wi#hin a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terming#ed for cause or default. if the Recipient is unable to certify to any at the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to tfie ®iVision (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, ineligibility And Volsantary ~xciusion" (Attachment ~i) for each intended subcontractor which Recipient plans to fund sander this Agreement. The form must be received by the ©ivision before the Recipient enters into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. {i) All bills for fees or other compensation fiat services or expenses shall be submitted in detail sufficient for a proper preaudit and pnstaudit thereof. {j) Any bills for travel expanses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Division reserves the right to unilaterally canoe! this Agreement if the Recipient refuses to allow public access to all documents, papers, letters nr other material subject to the provisions of Chapter 119, F(a. Swat., which the Recipient created or received under this Agreement. (I) if the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division nr be applied against the Division's obligation to pay the contract amount. (mj The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e} [Section 274A(e) of the immigration and Nationality Act ("lNA")j. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e} of the INA. Such 10 violation by the Recipient of the employment provisions contained in Section 274A{e) of the lNA shat[ be grounds for unilateral cancellation of this Agreement by the Division. (n} The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.{111, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (o} All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the tJnited States as required under 41 tJ.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (2D) LOBBYING PROHIBITION (a) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b} The Recipient certifies, by its signature to this Agreement, that to the best ofi his or her knowledge and belief: 1. No Federal appropriated funds have been paid ar will be paid, by or an behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer ar employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into ofi any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. if any funds other than Federa! appropriated funds have been paid ar will be paid to any person far influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, [oan or cooperative agreemen#, the Recipient shall complete and submit Standard Form-LLL, "'Disclosure Farm to Report Lobbying." 3. The Recipient shall require that #his certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made ar entered into. Submission of this certification is a prerequisite far making or entering into this transaction imposed by Section 1352, Title 31, tJ.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $1 D,DDD and oat mare than $100,DgD far each such failure. (21} COPYRIGHT PATENT AND TRADEMARK AEdY AIVD ALL l'ATEIVT RIGHTS ACCR€JINta UDDER OR Ill CG~IPVECTI®N'IIVITH THE PERFORI~AdVCliw OF THIS AGREEMETdT ARE HEREBY RESERVED Td THE STATE OF FL®Ri®A. AIVY AN® ALL COPYRIGHTS ACCRUING Uhl®ER ®R IN CQIVl~ECTIOIV WITH THE f~ERF®Rf~ANCE OF THiS AGREEI~dENT ARE HERI=f~Y TRAfVSFERRED BY THE RECII~IE~IT T® THE STAT1= OF FLE3RIDA. 11 (a) If the Recipient has apre-existing patent or copyright, the Recipient shall retain a€I rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, ar in any way connected with it, the Recipient shall refer the discovery or invention to the ©ivisinn for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. if any banks, manuals, films, or other capyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under ar in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows ar should knew could give rise to a patent or copyright. The Recipient shall retain aid righ#s and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during perfarrnance of the Agreement. (22) LEGAL AUTHORIZATION The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of #his Agreement. (23) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment C. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RFCtf~1ElVT: CITY ®F D~CLRAY BEACH BY: Name and title: Date: FID# STATE OF FLORIDA DiV9S1ORl OF EMERGENCY MAIdAGEIVIENT 13Y: Name and Title: W. Craig Fugate, Qirector Date: 12 E~~II~T - THE FOI_LOBPVING FE®ERAL. RESOURCES ARE AWARDED T©THE RECIPIENT UNDER THIS AGREEMENT: NOTE: -f the resources awarded to the Recipient are ~r®m rrrore than one Federal program, provide the same information shauvra below far each Federal program and show total Federal resources awarded. Federal Program: Federal Emergency llllanagement Agency, Hazard lUlitigatian Grant Catalog of Federal Domestic Assistance Number: 97.039 Amount of Federal Funding: $498,471.00. THE FC3L.LOV4dING COMPL,IANGE REQUIREMENTS APPLY TO THE FEDERAL. RE5OURCES AVVfARDED UNDER THIS AGREEMENT: N47"E: -f the resources awarded to the Recipient represent more fhan one Federal program, list applicable compliance requirements for each 1°ederal program in the same manner as shosnin below. Federal Program: List applicable compliance requirements as fellows: 1. Recipient is to use funding to perform the following eligible activities; include mitigation projects that will result in protection of public or private property from natural hazards. Eligible projects include, but are not limited ta: ® Accluisitian of hazard prone properties + Retrofitting of existing buildings and facilities • Elevation of flood prone s#ructures • Infrastructure pratectinn measures + Storm water management improvements + Minor structural flood control projects • Relocation of structures from hazard prone areas • Retrofitting of existing buildings and facilities far shelters • Vegetative managementlsoil stabilization ® Mitigation PlanrEing Project ® Other projects that reduce future disaster losses 2. Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. I~t©TE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the Recipient fa comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. Far example, for Federal Program 1, the language may stafe thaf fhe Recipient must comply with specific laws, rules, or regulations that pertain to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: Section .4fl0(d) of ©MB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 l,e provided to the Recipient. 13 Attachment A Budget and Scope of IN®rk Sco a of 1Nork As a Hazard Mitigation Grant Program project, the Recipient, the City of Delray Beach, shall wind retrofit the Old Schaal Square located a# 51 North Swinton Avenue, ©elray Beach, Florida 33444, by purchasing and installing impact resistant glass an three structures, two hundred twenty seven (227) windows. The components used for this w'snd retrafit will be lane in strict compliance with the Flarida Building Cade: Gfazing in buildings shall be impact resistant or protected with an impact resisfanf covering meeting the requirements of SSTD 12, ASTM E 7856 and ASTM E 1996, ANSI/flASMA 175 (far garage doors and rolling doors} or Miami-Dade TAS 201, 202 and 203 or AAMA 506 referenced therein as follows: a) Glazed openings located within 30 feel {9.1 m} of grade shall meet the requirements of the Large Missile Tesf. b} Glazed openings located more fhan 30 feet (9.9 m} above grade shall meet the provisions of fhe Small Missile Test. c) Louvers protecting intake and exhaust ventilation ducts not assumed to be open that are located within 30 feet {9944 mm} of grade shall meef requirements of fhe Large Missile Test. Impact_resistant coverings shall be tested at 1.5 times the design pressure (positive or negative} expressed in pounds per square feet as defermined by fhe Florida Building Code, Building Section 1609 for which the specimen is fo be tested. AN materials will be certified to meet the wind and impact standards for wind up to 155 rnph. The local municipal or county building department will inspect and certify installation according to the manufacture's specification, and ensure that the above referenced standards have been met. This is I=EMA project 1545-182-R, funded under 1545-DR-FL. The Period of Performance for this project ends an ,tune 10, 2011. Schedule of 1Nork State Contracting: 6 Months 10 Days Design: 1 Month Prepare Bid Documents: 0 Months 10 Days Bid Project: 1 Month Evaluation Bids: 0 Months 5 Days Award Contract: 0 Months 15 Days Materials Fabricafian: 4 Months Canstructianllnstallation: 6 Months 10 Days Final Inspection: 0 Month 5 Days Project Close-out: 0 Months 15 Days lSnpredictable Weather: fi Months 10 Days State Fins! Inspection & Closeout: 6 Months 10 Days. Total Period of Performance: 33 Months The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the vulnerability of fhe building to property losses and are specifically not intended to provide for fhe safefy of inhabifanfs before, during or after a natural or man made disaster. The funding provided by the Division of Emergency Management {DEM} under this subgrant is onfy intended to pay far fhe materials and labor for the installation of storm shutters and/or other hardening activities as a refrotrt measure for the Recipient's building to reduce and/nr mitigate fhe damage that might otherwise occur from severe weather or other hazards. The funding of this project by fhe Division in no way confers ar implies any warranty of 14 use or suitability far fhe modifications made or installed. The State of Florida disclaims all warranties with regard to this mitigation project, express or implied, including but not limited fo, any implied warranties and/or conditions of satisfactory qualify and fitness for a particular purpose, merchantability, or merchantable quaNfy. This project has not been evaluated as meeting fhe standards of the Department of Homeland Security, Federal Emergency Managemenf Agency (FEMA) as outlined in the guidance manual, FEMA 361-Design and Construction for Community Shelter. 1t is understood and agreed by the Division and fhe Recipient thaf the building has vulnerabilities due to age, design and location which may result in damage fo the building even offer fhe installation of the mitigation measures funded under this Subgrant Agreement. If is further understood and agreed by the Division and fhe Recipient That this mitigation project is not intended to make the building useable as a shelter for the Recipient's staff or any other citizens in the event of any natural or man-made disaster. ~udc~et Line item Bucfget* Project Cost Federal Share Local Share Impact Resistance Windows: $604,796.D0 $453,597.00 $151,199,40 Prepared Bid Package {!n-kind}: $ 5,006.00 $ 3,754.00 $ 1,251.OD Pre-Sid Meeting {!n-kind): $ 125.00 $ 94.00 $ 31.00 Bid Opening (!n-kind}: $ 42.00 $ 32.00 $ 11.00 Evaluate Bids & Recomrnendatign {in-Kind): $ 1,669.00 $ 1,252.00 $ 417A0 Contract Award {in-kind}: $ 83.00 $ 62.D0 $ 21.00 Project Management {In-kind}: $ 8,344.D0 $ 6,25$.00 $ 2,086.00 Cost of Bonds: $ 15,200.00 $ 11,400.00 $ 3,800.0€3 Field Testing Costs: $ 12,100.00 $ 9,075.00 $ 3 ?25.00 Sub-Total: $647,365.00 $485,524.D0 $161,841.D0 Administrative Cast: $ 0.00 $ 12,947.00 $ 0.00 Total: $647,365.00 $498,471.OD $161,841.00 Any line item amount in this Budget maybe increased or decreased 10% or less without an amendment to this Agreement being required, so long as the overall amount of fhe funds obligated under this Agreement is not Increased. Funding Summary Federal Share: $485,524.00 (75%} Local Share: 161 841.OD {25%} Ttsta! Project Coast: $647,365.00 (100%) Recipient Administrative All©wance €~p to $12,947.00. 15 v5/0~i2D~8 F=D`r`tAL c~ErZr.~Ei+lC`' i'di.z;hf~,GElificF~7 AC3EPdCY HiJl3P-~3-~2 ', f //+ .~ZfiP.D NriT1~A'"kOIV C~ 4~! ~ 5 PRrJC7r~Al1l~ bhiigatinn Report v+r! 5icssxat:.rrTs D=szsi=_r =EI~A Amendment mate Aciinn 5uppiernentai No Protect tJo Ne Applicaiicn ID No No State Granter t~~~5 ?82~R 0 ~.r 5 2iLr FL 5tat~wi~a Subaran"tee, Delray Deach protect TitIW : pALitrf BFAr~i CJUNTY, CI;"?' rJF DT~~rZ^-,Y i3EACi-i, OLD SCI-i001 5uoorantee FiPS Cad= D9g-'760 SCE., VJi~ID R~r20Fi T Total Amount i ntal Amount T ctai Amount T~rai Amount Avaliabla Previously ,4llocated Previously bbiigaied pending bbfiyation sor ?+iew C?biiaaisan 5~85,~24 $485,524 5D 56 project Amount urantee Admin Est Subgrantee Admin Est Total Obligation IFI~tIS Nate IFi~ilS Status FY ~4E5,524 52,4'~2 512,947 ~SDQ,BE3 Q5/D8r2048 Accept ZDO8 Gomrnartts Date: 06fD9f2C3D8 User id: D'JANDEV1t'! Comment: MA approves obligation Dote: 661t?972D48 User ld: I+~ARTHUR~~ Commen±; HlUlO approves obligation and submi`i to ES r'nr approval Authorization Pre~arer 1~kame: DAVID VANDElNA"!"ER HIJIO Authorization game: MARCELLE A~Ti-kUr'~ Siidina Scaie Percentage: ~a to ~~ ,ooe,DOa - 2.DO~~° ~P io ~M,ooo,oQfl.oo - ~ .4ogi° EXCe55 = C.SD°io ~reoaratior Date: Q61D9I2D08 HMQ Authorization Bate: Q5/Q9~2D08 15-A vGr09r'?ODB ~DER~L i=F41_~G~it~C'y iti'Ai~4~aG=fifl~#~7 FaGE?dCY 4:': ~ ;,~,ZARC Ytllf?'}G~,TEQA~ GRADES ?RC~GRA~i Ul~fig¢i_iar~ Rap~rr wl 5igra~ures ~,~i5aa-iBr F~i~?. ~;n=_ndrr~enl 5iaie ~c ~;ojeY No Nc r.aeiicaiiar [D i~5 'i8?-w~ 0 "; c7 Suaarante~: ~eiray Beach Suogrant~ ~{P5 Gode: 0°5-17106 Adr~in Caicuta~ion Admin~,ast Calculation: 5fidinc 5caie Justsr"icatian: Actigr~ Supplamwntai '~-lktillGP-C5-G2 No No 5iata Granter i 2 . G ~L Statewide araiE~~ 3 oiie : ?ALN B w..4CH C©EJN I ?', C~ Q~ D~LRe,Y 3c.~wi-{, OLG SCHOOL C.aicukation Percerstage: NIA G ,, ,.' ~uthorizin fticial Si nature Authorizing Ofr=kckal Signature Jiidi~7C SC~1° Pe~G°iltaQ°: ;.tp to $10G,000 = 3.00% up to ~1,G00,000 = 2.00% cp Fo £~,ODG,OOD.DO = 1.GD°i° .~.cess = G.50% ~~~ ~ ~;i? Authorizing OLicial Title Authariz~ng Or'r"ic~al TstkE 15-B ~/ " ` ~G~ Au~harizatiar~ date Authorization date Ool1 O12D08 1 D:39 AID disaster FEMA Number Protect Number 1545 482-R Subgrantee: Delray Beach IP5 Cade: D9S-171flD Niiiiccation Protect Description Amendment Status :Approved Approval Status: Approved Protect Title : PALid BEACH GOUNTY; CITY OF DELRAY BI=AGH, C3LD SCHOOL SQ., VV Grantee : Statewide Subgrantee : Defray Beach Grantee County Name : Palm Beach Grantee Gounty Gade . 99 Gantee Plane Name : Delray Beach Grantee Place Gode D Project Closeout Date . DO(OO/DDDD !Nark Schedule Status Subgrantee County Name : Pa#m beach Subgrantee Gounty Code : 99 Subgrantee Place Name : Delray Beach Subr~rantee Place Gade : 1710° 4mend ;w DESCriotian Time Frarna Due Date Revised Date Completion Date E~lC3ESIGN !~ 0 DAYS ' ! pp/pplDD00 i 00/00/0000 ~, pO/OOItfODO PREPARE B1D DOCUMENTS ' ~10 DAY5 00/000/0 fl fl01D0/DODO '~ OOIOplD00D ' I~~ID PRO.iE.GT 0 DAYS ODIOO/ODDO DD/D0/{}IIDO„~~~ODIO D00ID 0 ~~ VALUATE BIDS j'~ DAYS 00106/OD00 00/00/0000 DG/OD/OD00 I, ~l6.WARD GONTRAGT 15 DAYS ~, °0/00{0000 ~ ODIOD/0000 i 00140!00°0 ~I ~1MATERIAL5 FABRICATION i~12D DAYS 1~ OD10~ O a1D00~; OO10r 010 13 ODfDO OE10 ~ --~. D jG01rtSTRt3CTfONfINSTAL~TION 119GDAYS OR~{ QpIDO/ODDO OOipq/pDD"u ~ DO10~___. _ OfO FINAL INSPEGTIbN iw DAYS I OD/DOlpppp ~ p0/D0 pl 0 00 Dp1D0100q 10'~Ic'ROJECT GLOSE-OUT 15 DRYS DOI00/HOOD 0010 0 '~ 0{s1001O000 i 3 STATE GONTRACTING 'i9D DAYS { 00iD 0°10{ 0 1O 1D ~ 0410 06f0 00 I D014~410a0i3~, ~ IE.JNPREDICTABLE VVEATHER I'19D DAYS !; 00lD; fl ~ pp/D 0070 QG i ~ 001{3DfDpOG i ~,STATF FINAL INSPECTION ~ CLOSEOUT 1i19D DAYS OOIDDiODDG pp/Dp/OODO ~ 00/pp/ppp0 ~ Approved Amaursts Total Approved Federal Total Approved Non-Federal Total Approved Net Eligible Share Percent Federal Share Amount Share Perc.Pnt Non-Fed Share Amount 5647;365'• ~ 75.400401000 ~ $485,524 ~ ~ 2~.0 Q ~ 5161,849 Allocations Agocation IFMIS !FINIS Subrnissian ES Support E5 Amend Praj Alloc Amount Grantee 5ubgrantee Tatai Number Status [late fate Fy Req ICJ Number Fed Share Admin Amount Admin Amount Allac Rmount 79 R 081O7f2008 D6lp612pD8 2p08 1360125 9 5485,524; ~ 52,4921; $12,94; 5500,963 Total I 5485,524; i 52,492 $12,9~'.7~~~~ ~µ~ 55b0,963j -- pbtiaations Action IFMtS II^MI5 Submission E5 Support E5 Amend Suppi Project Obligated Grantee Admin Subgrantee Total Obligated Nr Status Date Date FY Req ID Number Nr Art3t -Fed Share Amount Admin Amount Amount 9 A O6f09f20p8 06!09!2008 20°8 1498933 210 210 5485,524, j 52,452 ~'i ~12,947~, ~ Sopfl,963 Tntai ~ $486,5241 ;i 52,452 ~~~ $12,94 ! SSOD.96 "rRERAL EnflERGENCY IYtANAGEN1E.~fT AGENCY HiNGP-AF-D', RAZ4RII flfitTlCsA T iON GRANT PROGRAC~i Project fY~anagement Report Amendment App ID State Grantee Number 0 1~7 FL ~ta%eWIC~e Project Title :PALM BEACH GOUNTY, CfTY OF DEL 'r~AY SEAGH, OLD SGHOOL SQ., V 15-C Go110l2008 ? Q:4' AID Disaster FEt+IIA Norther Pra}ect i~urnber 1545 182-R Wubgrantee: Delray Beach PIPS Code: pa9-171RG P~'~E~AL ~I~Er~GENCY M~.NAGc~ti#c.~T AGE,.P~C"` tQ.ZA.RD I~ITIGh,TIOf~ Gr"~A~lT PR©GRA~.~ EnvirQri:mental Report Amendment App ID Stale Grantee Dumber D 127 FL Statewide HMGP-e`/-C' Project Title ;PALM BEACH COUNTY, CI"~'Y OF DELr2AY BEACI-{, OL C SCHOOL SQ., tii~ Laws/ErJs Coastal 3arriers Resources Act {C3RA; Clear: V~tater Act (CWA) Cnastaf Zone lalfanagement Act (CZMA) Status Completed Completed Completed Endangered Species Act (E5A) Completed Comment: No ef#ect to any T & E species or Habitat per project description.-Iti11HAEGH71-D510212Rp8 12:33 GMT Fish and Wildlife Coard"rnation A~ {F11UCA} Cornpfeted National Histnrin Preservation Act (NHPA) Completed Comment: In a letter dated 616107, SHPO recommends that "Hancock" contoured panning by Grahamk Architectural Products be used to replicate the appearance ntthe existing window installation. Construction dates 1913, 192E, 1825, respectively.-MHAIGHTI-06lfl212D08 22:34 GMT Clean Air Act {CAA) Completed E.O. 11988: Finodpiains Completed Carnment: The action as described (wind retronf) has no potential to adversely irrtpact the fioodplain. Zone X,-N3HAIGHTi-06102!2008 12.35 GMT ~.0. 11990: Wetlands Cnrnpieted 1=.Q. 1289$: Environmental Justice for Low Income and lsliinarity Populations Completed FEIYiA EVEPA Pr©cess rENfA 5tafus Catex - Completed If an e«traordinar}~ circumstance exists and leads to a sigrxincant environmental tmpaci (see 44CFR IG.8 (dJ (3jJ, 1 GA I ~ Type Code an ~nviron.l~ssesment shall be prepared. ' S ~tepair, replace; restore, retrnr"~t, upgrade to currenf ~~ No Extraordinary Circumstances Requiring an EA. codes ana standards, ar rep4ace a faniiity (xv; Documentation Cnmpiete0fil02f2D08 15-~ OS/':Qi2v08 i"F'~Er~AL `fifi~~'GEitiCY ~TiAht,4GEM~P~i7 ".G~hfC~` i-#IVtGP-eV-o1 1 r~;qi ,'-~ t~! A.ZARD M(T IGA c IQfV GPtiAf~[T Pr~GGf~,-' iV[ cr~virnnmentai Report Disaster ,~EMiA Arrnendment App IP State Granter Number Project Number Number i 545 182 - R Q i 27 ;W L Statewide Subgrantee: Defray Beach =IPS Code: 498-1 7 1 00 Project Title PALM BEACI'i CGUN'"'Y, G1TY OP D~LRAY BEACH, OLO SCE~IpdL SQ., V~ Standard Car3ditipres i. Any change to the approved scope o; work will require re-evaluation far comp3iance with NEPA and nfher Lau~s and Executive c?rders. ~. This review does not address all federal, state and local requirements. AGCeptance of federal funding requires recipient to comply with a!I federal, state and focal laws. Failure to obtain a{I appropriate federal, state and focal envirnnmenial pem7its and clearances may jeopardize federak Funding. s. If ground disturb'sng activities occur during construction, applicant will monitor ground disturbance and if any potential archealagi:al resources are discovered, will irnmediate4y cease construction in that arse and notify the State and PEIViA. Ccrmrnent: This wind retro-pit project, described as the upgrade of existing windows with impact resistant windows on the Cameli Museum, Gymnasium, and Crest Theater, is categorically excluded from preparation a. an Enviranmenta! Assessment per 4~.CFR Pori 10.8{d){2)(xv) contingent an carnplsance with Hated conditions. Construction dales 1913, 1925, 1926, respectively. "L in a fetter dated 6/0/67, 5HPp reaammends that "i-iancock" contoured panning by Gra"ern Architectural Products de used to replicate the appearance of the existing window installatlan. Any changes to the approved mitigatian measure ar scope of work wil! require resubrnissian though the State to F_IviA, and will require reevaluation for campiiance with the National Environmental Policy Act {NEpAj and Sec. 10b of the National riistoric Preservation Act (NhiPA) prior to initiation of any work. Non-compliance with these requirements may jeopardize r=EivlA's aciiity to fund this project. -iii-iAEGti~ 1-Oof02f2008 12:37 GNiT 15-~E Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant program (HMGP) are generally governed by the following statutes and regulations: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; (2) 44 CFR Parts 7, 9, 1 fl, 13, 14, 17, 18, 25, 206, 2247, and 221, and any other applicable FEMA policy memoranda and guidance documents; (3} Sta#e of Florida Administrative Plan far the Hazard Mi#igation Grant Program; (4) Hazard Mitigation Long-term Recovery Guidance; and (5) All applicable laws and regulations delineated in Attachment C of this Agreement In addition to the above statues and regulations, the Recipient must comply with the following: The Recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A (Budget and Scope of Work} attached to this Agreement, in accordance with the approved scope of work indicated #herein, the es#imate ofi costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not deviate from the approved project and the terms and conditions of this Agreement. Recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Recipient and any land use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part li, Florida Statutes, Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any federal, state, or focal environmental or land use permitting authority, where required. Recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in car~farmity with applicable codes, specifications and standards. Recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HMGP as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then Recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property shat! record in the public records of the county where it is loco#ed the following covenants and restric#ions, which shall run wi#h and apply to any property acquired, accepted, ar from which a structure will be removed pursuan# to the project: 1. The property will be dedicated and main#ained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; 2. 1Vo new structure will be erected on property other than: (a) a public facility that is open on all sides and functionally related to a designated open Space; (b) a restraam; Or 3. A structure that the ©irectar of the Federal l~mergency Management Agency approves in writing ~5 before the commencement of the construction of the structure; 4. After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any t=ederal source; and 5. If any of #hese covenants and res#rictions is violated by the owner nr by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Irr~provement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. HMGP Contrac# Manager will evaluate requests for cost overruns and submit to the Regional f]irector written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44CFR 206.43${b). The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP Recipient Scope of Work (SOW} shall be reviewed by all State and Federal agencies participating in the NEPA process. You are reminded that no construction may occur in this phase, that a fuN environmental review must be completed prior to funding Phase ll. As a reminder, the Recipient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work {SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: 1. For construction projects, the grantee must "obtain prior written approval for any budget revision which result in a need far additional funds" {44 CFR 13 (c}); 2. A change in the scope ofi work must be approved by FEMA in advance regardless of the budget implications; and 3. The Recipient must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower cost or earlier completion. Any extensions of the period of performance must be submitted to FEMA 60 days prior to the project expiration date. STATEMENT OF ASSURANCES The Recipient assures that it will comply with the fallowing statues and regulations, to the extent applicable: 1 } 53 Federal Register 8034 2} Federal Acquisition Regulations 31.2 and 031.2 3) Section 1352, Title 31, US Code 4} OMB Circulars A-21, A-87, A-110, A-122 5) Chapter 473, Florida Statutes 6) Chapter 215, Florida Statutes 7} Section 768.28, Florida Statutes 8} Chapter 119, Florida Statutes 9) Section 216.181(6), Florida Statutes 10} Cash Management Improvement Act Of 1990 11) American with gisabilities Act 12} Section 112.061, Florida Statutes 13} Immigration and Nationality Act 14} Section 286.011, Florida Statutes 15} E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, 16) Uniform Relocation Assistance and Real Property Acquisitions Ant of 1970 17) Title I of the Omnibus Crime Cantral and Safe Streets Act of 1968, 18) Juvenile Justice and CJelinquency Prevention Act, or the Victims of Crirr~e Act 19} 28 CFR applicable to grants and cooperative agreements 20} Omnibus Crime Control and Safe Streets Act of 1968, as amended, 17 21) 42 USC 3789(4), ar Victims of Crime Act (as appropriate); 22) Section 5Q4 of the Rehabilitation Act of 1973, as amended; 23) Subtitle A, Title 19 of the Americans with pisabilities Act (ADA} (1990); 24} 28 CFR Part 42, Subparts C,E~,E, and G 25} ©epartment of .lustice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 18 Attachrraent C Statement of Assurances To the extent the following provisions apply to this Agreement, the Recipient certifies that: (a) It possesses legal authority to enter into this Agreement, and to carry put the proposed program; (b) its governing body has duty adopted or passed as an ofttcial act a resolution, motion or similar action authorizing the execution of the hazard mitigation agreement wi#h the Division of Emergency Management (©EM), including ail understandings and assurances contained in it, and directing and authorizing the Recipient's chief administrative officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shad receive any share or part of this Agreement or any benefit. too member, officer, or employee of the Recipient or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of the locality or iocaiities who exercises any functions or responsibiiities with respect to the program during his tenure or for one year after, shall have any interest, director indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with the program assisted under this Agreement. The Recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any interest pursuant to the purpose eta#e above; {d) All Recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All Recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e} It will comply with: {1 } Contract Wark Hours and Safety Standards Act of 1962, 4D U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards} employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates far all hours worked in excess of forty hours in a work week; and {2) Federal Fair 1^abar Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed warm-week. {f} It wiil comply with: (1) Ti#le VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, ar national origin, be excluded from participation iri, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property ar structure thereon is provided or improved with the aid of Federal financiai assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or far another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C,: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the ~. 9 Rehabilitation Act of 1973; {3) Ixecutive Order 11246 as amended by Executive Orders 11375 and 120$6, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, pr transfer; recrui#ment or recruitment advertising; layoffltermination, rates of pay or other forms of compensation; and election for training and apprenticeship; {g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, FS; (h} It will comply with the An#i-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction ac#ivities; (i} It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees; (j) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the purchase of flood insurance in carrimuni#ies where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any farm of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct ar indirect Federal assistance; {k) ]t will require every building or facility {oilier than a privately owned residential structure} designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS} which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Recipient will be responsible for conducting inspections to ensure compliance wi#h these specifications by the contractor; {I} It will, in connection with its performance of environmental assessments under the Natonal Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1956 (U.S,C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of Archaeological and Historical Bata Act of 1966 {16 U.S.G. 469a-1, et seq.} by: (1} Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Section 800.8} by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. {3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida ;state Historic Preservation Office, the Florida l7ivision of Emergency IVianagement and the Advisory Council on Historic Preservation, {PA)" which addresses roles and responsibilities of Federal and State entities in implemen#ing Section 106 of the National His#aric Preservation Act (NHPA}, 16 U.S.C. 474f, and implemen#ing regulations in 36 CFR part 800. (4} When any of Recipient`s projects funded under this Agreement may affect a historic property, as defined in 36 CFR 804, {2){e), the Federal Emergency Management Agency (FEMA) may require Recipient to review the eligible scope of work in consultation with the State His#oric Preservation Office {SHPO} and suggest methods of repair or construction 20 that will conform with the recommended approaches set out in the Secretary of Interior's Standards fnr Reitabi9itation and Guicieiines for Rehalaiii#ating Historic Etuildings 1392 (Standards}, the Secretary of the Interior's Guidelines for Archeological ©raaumentation {Cuidel'snes} (48 Federal Register 4~73~-37}, or any other applicable Secretary of Interior standards. If FNMA determines that the eligible scope of work will not conform with the Standards, Recipient agrees to participate in consultations #a develop, and, after execution by ail parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features tha# may otherwise be demolished. {5} Recipient agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation far footings and foundations; and installation of u#ilities {such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery of archeological data from the property, if Recipient is unable to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan cansis#ent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". Recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan, FEiviA may direct Recipient to implement t, e treatment plan. If either the Council or the SNPQ object, Recipient shall not proceed with the project until the objection is resolved. (8} Recipient shat[ notify the Division and FNMA as soon as practicable: (a) of any changes in the approved scope of work far a National Register eligible ar listed property; {b} of all changes to a project that may result in a supplemental ©SR nr modify an HMGP project for a National Register eligible ar listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipa#ed manner. Recipient acknowledges that FEMA may require Recipient to step construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges tha# FEMA will require, and Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Recipient acknawiedges that, unless FEMA specifically stipulates otherwise, it shall net receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. (m) It will corx~ply with Title IX of the Education Amendments of 1972, as amended {20 U.S.C.: 1681-1883 and 1885 ~ 1886} which prohibits discrimination an the basis of sex; (n} It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act afi 1970, (42 U.S.C. 4521-45-94} relating to nondiscrimination on the basis of alcohol 21 abuse ar alcoholism; (o) It will comply with 523 and 527 of the Public Flealth Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (p} ft will comply wi#h I-cad-based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (q) Et will comply with the Energy Policy and Conservation Act {P.L. 94-163; 42 U.S.C. 8201-6422), and the provisions of the state Energy Conservation Plan adapted pursuant thereto; (r) It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to the care, handling, and treatment of warm blooded animals held far research, teaching, ar other activities supported by an award of assistance under this agreement; (s) It will comply with Title VIII of the Civil Rights Act of 1988, 42 U.S.C. 2000c and 42 3601-3819, as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352}, which prohibits discrimination on the basis of race, color nr nation origin; (t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; (u) €t will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7826; (v} It will comply with the Endangered Species Act of 1873, 16 U.S.C. 1531-1644; (w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; (x) It will assist the awarding agency in assuring compliance with the PJatianal hiistaric Preservation Act of 1966, as amended, 16 U.S.C. 270; (y) It will comply with environmental standards which may be prescribed pursuant to the lVatbnal Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; (z} It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469x, et seq; (aa) It will carnply with the Rehabilitation Act of 1973, Section 504, 23 U.S.C. 794, regarding non-discrimination; (bb} It will comply with the environmental standards which may be prescribed pursuant to the Safe t~rinl<ing Water Act of 1974, 42 U.S.C. 300f-300J, regarding the pro#ecfion of underground water sources; (cc} It will comply with the requirements of Titles Il and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs; (dd} It will comply with the Wild and Scenic Rivers Act of 1988, 16 U.S.C. 1271-1287, related to protecting components ar potential components of the national wild and scenic rivers system; (ee) It will comply with the following Executive Orders: EO 11514 (NEPA}; EO 1 1738 (violating facilities); In0 11588 (Fioodplain Management}; E4 11990 (Wetlands}; and EQ 12898 (Environmental Justice); (ff) !twill comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; (gg} it will assure project consistency wsth the approved State program developed under the Coastal Zane Management Act of 1972, 16 U.S.C. 1451-1464; and (hh) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. 22 (ii) With respect to demolition activities, i# will: 1. Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obl'€gations as outlined in this Agreement. 2. Return the property to its natural state as though no improvements had ever been contained thereon. 3. Furnish documentation of all qualified personnel, licenses and afl equipment necessary to inspect buildings located in Recipient`s jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County I-leaith Department. 4. Provide documentation of the inspection results for each structure to indicate: a. Safety Hazards Present b. Health Hazards Present c. l-lazardous Materials Present 5. Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or otherwise applicable structures. 6. Leave the demolished site clean, level and free of debris. 7. Notify the givision promptly of any unusual existing condition which hampers the contractors work. 8. Obtain all required permits. 9. Provide addresses and marked maps for each site where water wells and sep#ic tanks are to be closed along with the number of wens and septic tanks located an each site. Provide documentation of closures. 1 C). Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163}. 11. Comply with all applicable standards, orders, or requirements issued under Section 112 and 3fl6 of the Clean Air Act (42 U.S.G. 185? (h), Section 508 of the Clean Water Aqt (33 U.S. 1368}, Executive Order 11738, and the U.S, Environmental Protection Agency regulations (4d CFR Part 15 and 61). This clause shall be added to any subcontracts. 12. Provide documentation of public notices far demolition activities. 23 Afitachrvoerat I~ ®~VIS~®N ®~ EMEl~GENCY NiANAG~NiEP~T R~a~l~sT I"oR A®vANCIr ~R REI~IBl1RSEMEi~T' ®~ ~fA~AR® MITIGAT'1O~! GRANT PROGRAM ~'l1SJC]S RECIPIENT NAME: City of Delrav Seach ADDRESS: CITY, STATE, SIP CODE.: PAYMENT Na: FEMA Tracking Numbers: DEM Agreement Na: 09HM-1G10-60-02-003 Eligible Obligated Obiigated DEM Use Onl Amount 100% Federal 75% Non-Federal 25% Previous Payments Curren# Reques# A raved Comments TOTAL CURRENT REQUEST $ ! certify that to the bes# of my knowledge and belief the above accounts are carrec#, and that all disbursements were made in accordance with all conditions of the Division agreement and payment is due and has not been previously requested for these amounts, RECIPIENT SIGNATURE NAItr1E AND TITLE DATE: T~ 8E Ct]MPLETED C3Y pEVfSiON OF EMERGENCY MANAGEMENT APPROVE© PROJECT TOTAL $ ADMINISTRATIVE COST $ APPROVED FOR PAYMENT $ GOVERNOR'S AUTHORISED REPRESENTATIVE DATE 2~ A~t~~hrt,ent D (corstinued) ®IVISt®~ ®~ EMEf~GENCY MANe4GE~EN~' GFJIVIIVIARY OF [}®Ct11U1NTAT1®N IN SUPPORT of A1IAOUNT CI_AIME® FaR ELIGIBLB DISASTER WORK UN®ER TH1 HAZARC9 IafI1TIGATI®N GRANT PR®GRA~11 Applicant: Citv a~ laelray Beach Disaster No. 1545 DEM Agreement No. 09HM-1 G-10-60-02-503 FEMA Tracking #: 1545-182-R Applicant`s Reference No. (Warrant, Voucher, Claim Check, ar Schedule No.) bate of delivery of articles, completion of work or perfarrnance services. bOCUNIt=NTATION Lsst Documentation (Applicant's payroll, material aut of applicant's stack, applicant owned equipment and name of vendor or contractor) by category and line item in the approved project application and give a brief description of the articles ar services. Applicant's t=llgible Costs 100% ` j TOTAL. __~. _...._ 25 Attachn~aent E JUSTIFICATION ®F A©VANCE I~AYMENT RECIPIENT: Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 21~.181(1S), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial three months. I ~ No A©VANCE REQUESTE® No advance payment is requested. Payment will be solely on a reimbursement basis. fro additional information is required. ADVANCE RO=QUEST WORKSH~~T [ ]ADVANCE REC~~ESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete fhe fo#lowing worksheet. {A? (B~ {C) {D? FFY FFY FFY Total DESCRIPTION 24462407 2047-2408 2408-2009 1 INITIAL C©F~TRACT Atr.L©CATION 2 FIRST THREE M®NTHS C®NTRAGT EXPENDITl1RES~ 3 All1=RAGE PERCI=idT EXPEI~IGED II`! FIRST THREE MONTHS (Divide line 2 17y line ~.) First three months expenditures nee only be provided for the years in which you requested an advance. if you do rant have this information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOiIlfED CALEJLATION: Cell D3 X $ HMGP Award MAXIMUM {Do not inclaade snatch) ADVANCE RI=QUsT ~oR WAIVI~R of cA~.cu~.ATl=1a MAxll~l~l~ [ ~ Recipient has na previous HMGP contract history. Complete t"stimated Expenses chart and Explanation of Circumstances below. ~ ~ Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. 26 ~STI~tIATEt3 EXPENSES B!J®GET CATEG®RY 2flfl8-2flfl9---------------- Antici ~ted Expenditures for First Three I~ear~$hs of Cor~traot AD11AlIdISTRATIVE COSTS PR®f"sRAM EXPEi~SES TOTAL EXPEBVSES Explanatian of Circumstances: 27 Affacha~er~t F ®11/l~~®N (]F Et~ERCaEfVCY ~IIIAlVAGEiViENT HAZAR® 1-~ITIGATION GRANT PR®GRAfVI QLIARTI R1.1( RAF'®RT FC3R11~ RECIPIENT: City of Delray Project Number: 1545-182-R PROJECT LOCATION: Retrofit DEM ID #: 09HM-1G-10-60-42-003 DISASTER NUMBER: FEMA-1545-DR-FL QUARTER ENDING: Provide amount of advance funds disbursed for period (if applicable) $ Provide reimbursement projections far this project: July-Sep, 200_$ Oct-Dec, 200_$ Jan-Mar, 200_$_ July-Sep, 200_$ Oct-Dec, 200_$ Jan-Mar, 200_$_ Percentage of Work Completed (may be confirmed by state inspectors): Project Proceeding on Schedule: [ ]Yes [ j No Describe milestones achieved during this quarter: Provide a schedule for the remainder of work to project completion: Apr-June, 200_$ Apr-June, 200_$, Describe problems ar circumstances affecting completion date, milestones, scope of work, and cost: Cost Status: [ j Cost Unchanged Additional Comments/Elaboration: [ ]Under Budget [ j Over Budget NOTE: Division of Emergency Management (DEM) staff may perform interim inspections andfor audits at any time. Events may occur between quarterly reports, which have signifiicant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact the Division as soon as these conditions become known, otherwise you may be found non-compliant with your subgrant award. Name and Phone Number of Person Completing This l=orm 28 ,A,ttachmenf G V~Jarranties grid Represerttatians Financial Management Recipient's financial management system shall provide for the fallowing: (1 } Accurate, current and complete disclosure of the financial results of this project or program {2} Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. {3} l;ffective control aver and accoun#ability for aH funds, property and other assets. Recipient shall safeguard all such assets and assure that they are used safely for authorized purposes. {4) Comparison of expenditures with budget amoun#s far each Request For 1:'ayment. Whenever appropriate, financial information should be related to performance and unit cost data. {5} Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. {6} Cost accounting records that are supported by backup documentation.. Competition. All procurement transactions shalt be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices arnong contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excegent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statemen#s of work, invitations for bids and/ar requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall c9eariy set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. The Recipient shall maintain written s#andards of conduct governing the performance of its employees engaged in the award and administration of contracts. Igo employee, officer, ar agent shalt participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts, The standards of conduct shall provide for disciplinary actions to be applied far violations of such standards by officers, employees, or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance char open #n the public, and at least one employee on site, from 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. i_icensin and Rermittin Ail subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work far which they are hired by the Recipient. 29 Attachment H Cerl~; Qetoarmer~t Aatct W ion ~e~ardir~g pension, IttelEgikxitity ~ I s3 itar Ex~ t~si~_ ------------------ Contractor Covered Transactions (1 } The prospective contractor of the Recipient, ,certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed far debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2} Vllhere the Recipient's contrac#or is unable to certify to the above statement, the prospective cantraetar shall attach an explanation to this farm. CONTRACTOR: By: Signature Name and Title Street Address City, State, Zip Date Recipient's Name Division Contract Number 30 MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: July 28, 2008 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 COMMERCIAL/INDUSTRIAL DEMAND REDUCTION RIDER AGREEMENT/FLORIDA POWER & LIGHT COMPANY/POLICE DEPARTMENT ITEM BEFORE COMMISSION This item is before the Commission to approve a Commercial/Industrial Demand Reduction Rider Agreement (Rider CDR) between Florida Power and Light Company (FPL) and the City; to allow the City to save approximately $4,742.00 on the annual cost of electric for the Police Department. BACKGROUND An upgraded generator has been recently installed at the Police Department. As a result, the City is equipped to join FPL's Commercial Demand Reduction Program. The program allows FPL to take the Police Department off line, when needed, during peak periods; and the upgraded backup generator will supply the power to the facility. In exchange, FPL will provide the City with a monthly credit; which will result in an approximate savings of 3% or $4,742.00 on the Police Department's annual electric bill. There is no charge to the City for entering into this agreement. There may be some initial electrical work required; which will be done by the City's in-house electrical crew. The term of the agreement is five (5) years. The program is similar to the Commercial Industrial Load Control System (CILC) that the City currently utilizes at public utility sites (Water Treatment Plant, South Pump Station, and North Pump Station). FUNDING SOURCE N/A. No funding is required. RECOMMENDATION Staff recommends approval of a Commercial/Industrial Demand Reduction Rider Agreement (Rider CDR) between Florida Power and Light Company (FPL) and the City; to allow the City to save approximately $4,742.00 on the annual cost of electric for the Police Department. FLQRIDA POWER & LIGHT COMPANY First Revised Sheet Na. 3.495 Cancels ®riginal Sheet l~'o. 9.495 COMMERCIAL/INDUSTRIALbEMAND REDUCTION RIDER AGREEMENT This Agreement is made this day of 2008, by and between City of Delray Beach (hereinafter called the "Customer"), located at 300 W Atlantic Ave. #9].11 Police, Acet# 55635-14404 in Delray Beach, I;lorida, and FLORIDA POWER & LIGHT COMPANY, a corporation organized. under the laws of the State of Florida (hereinafter called the "Company") WITNESSETH For and in consideration of the mutual covenants and agreements expressed herein, the Company and the Customer agree as follows: I. The Company agrees to furnish and the Customer agrees to take electric service subject to the terms and conditions of the Company's Commercial Industrial Demand Reduction Rider ("Rider CDR") as currently approved or as may be modified from time to time by the Florida Public Service Commission {"Co~mnission"). The Customer understands and agrees that, whenever reference is made in this Agreement to Rider CDR, both parties intend to refer to Rider CDR as it may be modified from time to time. A copy of the Company's presently approved Rider CDR is attached hereto as Exhibit A, and Rider CDR is hereby made an integral part of this Agreement. 2. Service under R.i.der CDR shall continue, subject to Limitation of Availability, until terminated by either the Company or the Customer upon written notice given at least five (S) years prior to termination. 3. Service under Rider CDR will be subject to determinations made under Commission Rules 25-17.0021(4), F.A.C. Goals for Electric Util€ties and 25-b.0438, F.A.C., Non-Firm Service -Terms and Conditions, ar any other Commission d.ete~znir-atian{s). 4. The Customer agrees to not exceed a usage level of _0_kW ("Firm Demand") during the periods when the Company is controlling the Customer's service. if the Customer chooses to operate backup generation equipment in parallel with FPL, the Customer shall enter into an interco~mection agreement with. the Company prior to operating such equipment in parallel with the Companys electrical system. The "Firm Demand." level (as applicable) shall not be exceeded during periods when the Coanpany is controlling load. Upon mutual agreement of th.e Company and the Customer, the Customer's "Firm Demand" may be subsequently raised or lowered, so long as the change in the "Finn Demand" level is not a result of a transfer of lead from the controllable portion of the Customer's load. The Customer shall notify the Company, in writing, at ]east ninety {90) days prior to adding firm load. Prior to the Customer's receipt of service under Rider CDR, the Customer must provide the Company access at any reasonable time to inspect any and all of the Customer`s load control equipment and/or backup generation equipment, and must also have received approval from the Company drat the load control equipment and/or backup generation equipment is satisfactory to effect control of the Customer`s load. "I"he Customer shall be responsible for meeting any applicable electrical code standards and legal requirements pertaining to the installation, maintenance and repair of the load control equipment and/or backup generation equipment, It is expressly understood that the initial approval and later inspections by the Company are not for the purpose of, and the Customer is not to rely upon any such inspection(s) for, determining whether the load control equipment and/or backup generation equipment has been adequately maintained ar is in corrapliance with any applicable electrical code standards ar legal requirements. { Continued on Sheet No. 9.496 ) Issued by: S. E. Romig, Director, hates and 'Tariffs Effective: November 1S, 2002 l{L®RII3A P®WER ~ L)(Gkf'T COMPANY second Revised Sheet Na. 9.496 Cancels >l+irst Revised Sheet Na. 9.496 (Continued from Sheet No. 4.495} 6. The Customer agrees to be responsible for the determination that all electrical equipment to be controlled andlor backed up is in good repair and working condition. The Compairy shall not he responsible for the repair, maintenance or replacement of the Customer's equipment. 7. Within two (2) years of this Agreement, the Customer agrees to (i} perform the necessary changes to allow control of a portion of the Customer's load and/or (ii} install or have in place backup generation equipment to contribute to the demand reduction level. Should floe Customer fail to complete the above work by the above-specified date, or should tlae Customer fail to begin taking service under Rider CDR during that year, this Agreement shall become null and void unless otherwise agreed by the Company. 8. [upon completion of the installation of the load control equipment and/or backup generation equlpnaeat, a test of this equipment will be conducted at a mutually agreeable time and date. This time and date shall typically be within the Controllable Rating Period unless otherwise agreed by the Company. Notice of the test shall be provided to the Company at least five (5) business days in advance of the date of the test, a~ad the Company shall be afforded the opportunity to witness the test. °Che test of the load control equipment will consist of a period of load control of not less than one hour. Et1'ective upon the completion of the testing of the load control equipment and/or backup generation equipment, floe Customer will agree to a "Firm Demand". Service under Rider CDR cannot commence prior to the installation of load control equipment or any necessary backup generation equipment and the success'luI completion of the test. 1€a order to minimize the frequency and duration of interruptions under the Commercial Industrial Dema€ad Reduction Rider, the Company will attempt to obtain reasonably avaalable additional capacity and/or energy under the Continuity of Service Prevision in Rider CDR. The Customer elects/does not elect to continuo taking service under the Continuity of Service Provision. Service will be provided only if capacity and/or energy can be obtained by the Company and can be transmitted and distributed to non- fsrm Customers without any impaimaent of the Company's system or service to firm Customers. The Customer may countermand the election. specified above by providing written notice to floc Comparry pursuant to the guidelines set forth. in Rider CDR. The Company's obligations under flats Section 9 are subject to the terms aaad conditions specifically set foslla in Rider CDR. 10. The Company may terminate dais Agreement at any time if the Customer's load cont~•ol equipment andlor backup generation equipment fails to permit the Company to et~'ect control of the Customer's load. Prior to airy such termination, the Company shall notify the Customer at least ninety (90} days in advance and describe the failure or malfunction of the Customer's load control equipment and/or backup generation equipment. Tlae Compa~ay may then terminate this Agreement at the end of the 90-day notice period unless the Customer takes measures necessary to remedy, to Che Company's satisfaction, the deficiencies in the load control equipment and/or backup generation equipment. Notwithstanding the foregoing, if at any time during the 40-day period, the Customer either refuses or fails to initiate and pursue corrective action, the Company shall be entitled to suspend forthwith the monthly credit under Rider CDR, bill the Customer under the otherwise applicable firm service rate schedule, and to apply the rebilling and penalty provisions enumerated under "Charges for Early Termination" in Rider CDR. 11. The Customer agrees that the Company will n.ot be (fable for any damages or injuries that may occur as a result of control of electric service pursuant to the terms of Rider CDR by remote control or otherwise, and/or installation, operation or maintenance of the Customer's generation equipmenC to meet the Firm Demand level. 12. This Agreement supersedes all previous agreements and representations, either written ar oral, laeretofnre made between the Company and floe Customer with respect to matters herein contained. 13. 'Chic Agreement may not be assigned by the Customer without the prior written consent of the Company. The Customer shat], at a minimum, prowide to the Company a copy of the articles of incorporation or partnership agreement of the proposed assignee, and a copy of such assignee`s most recent annual report at the time an assignment is requested. 14. This Agreement is subject to the Company's "General Rules and Regulations for Electric Service" and the Rules of the Commission. (Continued on Sheet No. 9.497) Issued by: S. E. Romig, Director, Rates and 'Tariffs Effective: March 3f1, 2004 FLORIDA POWER & LIGHT COMPAI~IY First Revised Sheet No. 9.97 Cancels Original Sheet .No. 9.~I97 (Continzaed (roan Sheet No. 9.49&} IN WITNESS WI~.ERiJOh', the Customer and th. e Coanpany have caused this Al;reement to be duly executed as of the day and year `nst above written. CUSTOMER (private) Company: Signed: Name: Title: FLORIDA POWER S€ LIGHT COMPANR' Signed: Name: Title: CUSTOIVIER (public) Attest: Govemmenial Entity: City of -elray Beach I3y: Clerk/-eputy Cleric Signed: Name: 1"itle: Issued by: S. E. Ito~ig, Director, Rates and Tariffs Effective: LVl:arch 7, 2003 F;€,®RID~ POWER & LIGI~'I' C011~1?AN`l Fifth Revised Sheet No. 8.680 Cancels Fourth Revised Sheet No. 8.6$0 COMMERCIAL/TN.DUSTRIAL DEMAND REDllCTION R1DER (CDR} {OPTIONAL) AVAILABLE: In all territory served. Available to any commercial or industrial customer receiving service under Rate Schedules GSD-1, GSDT-1, GSLD-i, GSLDT-l, GSLD-2, GSLDT-2, GSLD-3, GSLDT-3, or HLFT tl~rnuglt the execution of a Cotnmercial/Industrial Demand Reduction Rider Agreement in wltieh the load control provisions of this rider can feasibly be applied. LIMITATION OP AVAILABILITY: This Rider may be modified or withdrawn subject to determinations made under Commission Rules 25-17.fl021(4), F.A.C., Goals for Electric Utilities and 25-6.0438, F.A.C., Iron-Firm.:Electric Service -Terms and Conditions or any other Commission detcnninatiora. APPLICATION: For electric service provided to any commercial or industrial Gusto:mer receiving service under Rate Schedule GSD-1, GSDT-1, GSLD-l, GSLDT-1, GSLD-2, GSLDT-2, GSLD-3, GSLDT-3, or HLFT who as a part of the ComrnerciaUIndustria] Demand Reduction Rider Agreement between the Customer and the Company, agrees to allow the Company to control at least 200 kW of the Customer's load, or agrees to operate Backup Generation Equipment (see Befinitions) and designate (if applicable) additional controllable demand to serve at ]east 200 kW of the Cuswnaer's own load during periods when the Company is controlling load. A Customer snail enter into a Commercialllndustrial Reduction Demand Rider Agreement with the Company to be eligible for this Rider. To establish the initial qualification for this Rider, the Customer must have had a Utility Controlled Demand during the sumaner Controllable Rating Period (April 1 through October 31) for at least three out of seven months of at least 200 kW greater than the Firm Demand level specified in Section 4 of the Commercial/industrial Demand Reduction Rider Agreement. The Utility Controlled Demand shall nol be served on a firm service basis until service has been terminated under this Rider. LIMITATION OF SERVICE: Customers participating in the General Service Load Management Program (FPL "Business On Call" Program) are not eligible far t]7is Rider. MONTHLY RATE: Ali rates and charges under Rate Schedules GSD-1, GSDT-l, GSLD-1, GSLDT-1, GSLD-2, GSLDT-2, GSLD-3, GSLDT-3, HLFT shall apply. In addition, the applicable Monthly Adnurristrative Adder and Utility Controlled Demand Credit shall apply. MONTIIL"Y ADMINI.STRATIVRDDER: Rate Schedule Adder GSD-1, HLFT (21~99kW) $534.32 GSDT-1, HLFT (2199 kW) $528.18 GSLD-i, GSLDT-1, HLFT (500-1,999 kW) $528.64 GSLD-2, GSLDT-2, HLFT (2,000 kW ar greater} $406.65 GSLD-3, GSLD"t-3 S2,b47.98 UTILITY CONTROLLED DEMAND CREBIT: A monthly credit of $4.68 per kW is allowed based on the Customer's Utility Con€roled Demand. UTILITY CONTROL.[..ED DEMAND: The Utility Controlled Demand for a month in which there are no load control events during the Controllable Rating Period shall be the sum of the CusWmer's kWh usage during the hours of the applicable Controllable Rating Period, divided by the total number of hours in the applicable Controllable Rating Period, less the Customer's Firm Demand. In the event of Load Control accuning duriaag the Controllable Rating Period, the Utility Controlled Demand shall he the sum of the Customer's kWh usage during the hours of Che applicable Contro]].able Rating Period less the sum of the Customer's kWh usage during the Load Control Period, divided by the number of non-load control hours occurring during the applicable Cnntt~ollab[e Rating Period, less the Customers Firm Demand. (Continued on Sheet Na. 8.681) Issued by: S. E. Romig, i~ireetor, Rates and `t'ariffs Effective: 1VIay fl, 2007 F"LORi1~A P®WER & 111IG1-I'I' COMPAI~IY Second Revised Sheet Nfl. 8.681 cancels First 12evised Sheet No. 8.681 CONTROLLABLE RATING PERIODS: (Continued from Sheet No. S.b80} November, ]„through, March 31: Mondays through Fridays during the hours from 6 a.m, to 9 a.m. excluding Thanksgiving Day. Christmas Day, azid New Year's Day. April 1 through. October 31: Mondays through Fridays during the hours from 3 p.m. to 6 p.m. excluding Memorial Day, independence Day, and Labor Day. F1C2M DEMAND; "the Customer`s monthly Firm Demand shall be the lesser of the "Firm Demand" level specified in the Commercial/industrial Demand Reduction Rider Agreement with floe Company, or the Customer's maximum dema~~d during the applicable Controllable Rating Period. The level of "Firm Demand" specified in the Commercial/industrial Demand Reduction Rider Agreement shall. not be exceeded during the periods when the Company is controlling the Customer's load. LOAD caN~l°ROL: Control Condition: The Customer's controllable load served under this Rider is subject to cont~•ol when such control alleviates any emergency conditions or capacity shortages, either power supply or transmission, or whenever system toad, actual or projected, would otherwise require the peaking operation of the Company's generators. Peaking operation entails taking base loaded units, cycling mitts or combustion turbines above the continuous rated output, which may overstress the generators. Fre uenc T1ie Control Conditions will typically result in less than fifteen (15) Load Control Periods per year aazd will not exceed twenty-five (25) Load Control Periods per year. Typically, the Company will not initiate a Load Control Period within six (6) hours of a previous Load Control Period. Notice: The Company will provide one (1) hours advance notice or mare to a Customer prior to controlling the Customer's controllable load. Typically, the Company will provide advance notice of four (4} hours or more prior to a Laad Control 'Period. Duration: T'he duration of a single Load Control Period will typically be three (3) hours and will not exceed six (6} hours. In the event of an emergency, such as a Generating Capacity Emergency {see Definitions} or a major disturbance, greater frequency, less notice, or longer duration than listed above may occur. If such an emergency develops, tho Customer will be given 15 minutes' notice. Less than 15 minutes' notice may oaaly be given in the event that failure to do so would result in loss of power to firm service customers or the purchase of emergency power to serve hrm service customers. The Customer agrees that the Company will not be liable for any damages or injuries that may occur as a result of providing no notice or less than one {lj hour's notice. Customer Responsibility: Upon the successful installation of the load control equipment, a lest of this equipment will be conducted as specified in the Commerciall industrial Demand Reduction Demand Rider Agreement. Testing will be conducted at a mutually agreeable time and date. This time acid date shall typically be within the Controllable Rating Period unless otherwise agreed by the Company. The Customer shall be responsible for providing and maintaining the appropriate equipment required to allow the Company to electrically control the Customer's load, as specified in the Commercial/hidustrial Demand Reduction Rider Agreement. The Campan.y will control the controllable. portion of the Customer's service for aone-hour period (typically within the Controllable Rating Periods) once per year for Company testing purposes an the ha'st Wednesday in November or, if not possible, at a mutually agreeable time and date, if the Customer`s load has not been successfully controlled during a load control event in the previous twelve (12) mouths. Testing purposes include the testing of the load control equipment to ensure that the load is able to be controlled within the agreed specifications. LOAD CONTROL PERIC3D: All hours established by the Company during a monttly billing period in which: 1. the Customer's load is controlled, or 2. the Customer is billed pursuant to the Continuity of Service Provision, (Continued on Sheet No. 8.682) Issued by: S. il:. R©mig, Director, Rates anal Tariffs Effective: P~!Iarch 30, 2004 FLORIDA FOWIER z4c LIGHT C®MPANY Second Revised Sheet No. 8.6$2 Cancels First Revised Sheet No. 8.682 (Continued from Sheet i~lo. $.6$1} PROVISLONS FOR ENERGY USE DURING CONTROL PERIDDS: Customers notified of a load control event should not exceed their Firm Demand during periods when the Company is controlling load. However, electricity will be made available during control periods if the Customer's failure to mee# its Firm Demand is a result of one of the fallowing conditions: l . Force Majeure events (see Definitions) which can be demonstrated to the satisfaction of the Company, or 2. maintenance of generation equipment necessary for the implementation of load contra] which is performed at a pre- arranged time and date mutually agreeable to the Company and the Customer (See Special Provisions), ar 3. adding firm load that was not previously non-firm load to the C;ustomer's facility, or 4. an event affecting local, state or national security, nr 5. a~i event whose nature requires that space launch activities be placed in the critical made (requiring aclosed-loop conf guration of FPL's transmission system) as designated and documented by the NASA Tess Director at Kennedy Space Center and/or the USAF Range Safety Offscer at Cape Canaveral Air Force Station. The Custoter's energy use (in excess of the Firm Demand) for the conditions listed above will be billed pursuant to the Continuity of Service Provision. Far periods during which power under the Continuity of Service Provision is no longer available, the Customer will be billed, in addition to the normal charges provided hereunder, the greater of the Company's As- Available Energy cost, or the most expensive energy (calculated on a cents per kilowatt-hour basis) that FPL is p~uchasing or selling during that period, less the applicable class fuel charge. As-Available Energy cast is the cast calculated for Schedule COG-1 in accardza~ce with FPSC Rule 25-17.U$25, F.A.C. If the Company determines that the Customer has utilized one or mare of the exceptions above in an excessive manner, the Gompa~ly will terminate service under this rider as described in TERM OI' SERVICE. If the Customer exceeds the Finn Demand during a period when the Company is controlling load for any reason other than those specified above, then the Customer will be: billed a X4.68 charge per kW of excess kW for the prior sixty (6U} months or the number of months the Customer has been billed undc~• this rider, whichever is less, and 2. billed a penalty charge of $Q.99 per kW of excess kW for each month of rebilling. Excess kW for rebilhng and penalty charges is determined by taking the difference between the Customer°s kWh usage during the load control period divided by the number of hours in the load control period and the Customer's "Firm Demand". The Customer wil3 not be rebilled or penalized twice far the same excess kW in the calculation described above. ( Continued on Sheet No. 8.6$3 ) Issued by: S. F. Romig, Director, hates and Tariffs 1l;ffective: January 1, 2006 )EtLORIDA POWER 8i LIGHT COl!'il'ANY First Revised Sheet No. 8.683 Cancels Original Sheet No. 8.683 { Continued fi•om Sheet Na. 8.682 ) 'T'ERM ol= sERV1CE: During the first year of service under this Rider, the Customer will determine whether or not this Rider is appropriate far the Customer and may request to exit the program subject to the Provisions for Early Termination. It is intended that the Company will continue to provide and the Customer will continue to take service under this Rider for the life of the generating; unit which has been avoided b}'the Rider. There is, however, a fve-year termination notice provision which will allow either the Customer or the Company to terminate service under this Rider should there be circumstances under which the termination of the Customer's participation ar the Company's af~'ering of this Rider is desired. Service under this Rider shall continue, subject to Limitation of Availability, until terminated by either the Company or the Customer upon written notice given at least five (5}years prior to tcrninatian. Th.c Company may terminate service under this Rider at any time far the Customer's failure to comply with the terms and conditions of this Rider or the Commercial ]ndustrial Demand Reduction Rider Agreement. Prior to any such termination, the Company shall ratify the Customer at least ninety (90) days in advance and describe the Custonmer's failure to comply. The Company may then terminate service under this Rider at the end of the 90-day notice period unless the Customer takes measures necessary to eliminate, to the Company's satisfaction, the compliance deficiencies described by the Company. Notwithstanding the foregoing, if, at any Cime during the 90-day period, the Customer eitlmer refuses ar fails to initiate and pursue corrective action, time Company shall be entitled to suspend fortlmwiih the monthly credits under this Rider and bill the Customer under the otherwise applicable farm service rate schedule. PROVISIC3NS 1~C)R EARLY `I'FRMINATION: Termination of tlmis Rider, with less tlman five (5) years' written native, for which the Customer would qualify, may be permitted if it can be shown that such termination is in the best interests of the Customer, the Corrspany and the Company's other customers. If the Custommer no longer wislmes to receive electric service in any form from the Company, or decides to cogenerate to serve all of the previously Utility Controlled Demand and to fake interruptible standby service from the Company, the Customer may terminate Ume Commercial Industrial Demand Reduction Agreement by giving at least thirty {30) days' advance written notice to the Company. If service under this Rider is terminated for any reason, the Customer wilt not be rebilled as specified in Charges for Early Termination if: a, it has been demonstrated to the satisfaction of the Company that tlme impact of such transfer of service on the economic cost- effectiveness of the Company's Commercial/hndustrial Demand Reduction Rider is in the best interests of the Customer, the Company and the Company`s other customers, or b. dme Customer is required to terminate this Rider as a result of Commission Rule 25-6.043$, F,A.C., or a Commission decision pursuant to this rule, or c. the termination of service under this Rider is the result of either the Customer's ceasing operations at its facility (withoat continuing or establishing similar operations elsewhere in the Company's service area); or a decision by the Customer to cogenerate to serve all of the previously utility controlled load a~mc3 to take interruptible standby service from the Company, or d. any other Custorner(s) with demand reduction equivalent to, or greater than, that of the existing Custormer(s) agree{s) to take se€•vice under this Rider and the MW demand reduction commitment to the Company's Generation Expansion Plan has been met and the new replacement Customers} has (lmave) the equipment installed and is (are) available to perform load control, or e. FPI, determines that the Customer's MW reduction is no longer needed in accordance with. time PPL Numeric Commercial/Industrial Conservation Goals. ( Continued an sheet No, 8.684 ) Issued by: S. ~. Romig, Director, Rates and Tariffs Effective: November 15, 2002 ~eeond Revised ~lteet No. 8.684 (Continued from Sheet No. 8.683) In the event the Customer pays the Charges far Early Terminatson because no replacement Customer(s) is (are) available as specified in paragraph d. above, but the replacement Customer(s) does(da} become available within twelve (12) months from the date of termination of service under this Rider nr FPL later determines that there is no need for the MW reduction in accordance wide the FPL Numeric Commcrcial/lndustrial Coaaservation Goals, then the Customer will be refunded all or part of the rebilling and penalty in proportion to the amount of 1v1W obtained to replace the lost capacity less the additional cost incurred by the Compa~iy to serve these MVd during any load control periods which may occur before the replacement Customer(s) became available. Charles for Early Termination: ht the event that: a) service is terminated by the Company for a~~y reason{s) specified in Chis section, or b) them is a termination of the Customer's existing service and, within twelve (l2) months of such termination of service, the Company receives a request to re-establish. service of similar character under a firm service ar a curtailable service rate schedule, or under this rider with a shift from non-firm load to firm service, i} at a different location in the Company's service area, or ii) under a different name nr different ownership, or iii} under other circumstances whose effect would be to increase ftnn demand on the Company's system without the requisite "five (5) years' advance written notice, or c} 11ie Custamer transfers the controllable portion of the Custo€er`s load to "Firm Demand" or to a firm or a curtailable service rate schedule without providing at least f ve (5) years' advance written notice, then the Custamer will he: 1. rebilled X4.68 per kW of Utility Controlled Demand for the shorter of (a) the most recent prior sixty (60) months during which the Customer was billed for service under thss 17ider, or {b} the nmmber of months the Cus€omer bas been billed under this Rider, and 2. billed a penalty charge of $0.99 per kW of [Itility Controlled Demand tunes the number of months rebilled in 110. 1 above. SI'1vC1AL PROVISIONS: 1. Control of the Customer's load shall be accomplished through the Company's load management systems by use of control circuits connected directly to the Customer's switching equipment or the Customer's load may be controlled by use of an energy management system where the firm demand level can be established or modified only by means of joint access by the Customer and tlae Company. 2. The Customer shall grant the Company reasonable access for installing, maintaining, inspecting, testing and/or removing Cnmpany- owned load control equipment. 3. It shall be the responsibility of the Customer to determine that ail electrical equipment to be controlled is in good repair anal working condition, The Company will not be responsible for the repair, maintenance ar replacement of the Customer's electrical equipment. 4. The Company is not required to install load control equipment if the installation cannot be economically justified. 5. Credits under this Rider will commence after the installation, inspection and successful testing of the load control equipment. b. Maintenance of equipment (including generators} necessary for the implementation of load control will not be scheduled during periods where the Company projects that it would not be able to withstand fhe loss of its largest unit and continue to serve ftnn service customers. { Continued on Slaeet No. 8.685 ) Issued by: S. ~. Remig, Director, Rates and Tat•iffs Effective: January 1, 20D6 FLORI®A POWER c$r LIGHT C011~II'AN~' First Revised Shut No. 8.685 Cancels Original Sheet No. 8.685 ( Continued from Sheet No. 8684 } CpNTN(JITY OP SERVICE PRpVISION: In order to minimize the frequency and duration of interruptions, the Company will attempt to obtain reasonably available additional capacity and/or energy during periods for which interruptions enay be requested. The Company's obligation in this regard is no different than its obligation in general to purchase power to serve its Customers during a capacity shortage; in other words, the Company is n.ot obligated to account for, or otherwise reflect in its generation Alarming and construction, the possibility of providing capacity and/or energ}= under this Continuity of Service Provision. Any non-firm customers so electing to receive capacity and/or energy which enable(s) the Company to enntin€ce service to the Customer's non-firm loads during these periods will be subject to the additional charges set forth below. In the event a Customer elects not to haul; its non-firm load interrupted pursuant to this Rider, the Customer shall pay, in addition to fhe normal charges provided hereunder, a charge reflecting the additional costs incurred by the Company in contsnuiug to pravrde service; less the applicable class fuel charge for the period during which the toad would otherwise have been controlled (see Sheet No. 8.63(1). This incremental charge shall apply to the customer's non-firm load For all consumption above the Customer's Firm Demand during the time in whiclr the non-6rna load would otherwise have been controlled. If, far any reason during such period, this capacity and/or energy is (are} no longer available or carmot be accommodated by the Company's system, the terns of this Continuity of Service Provision will cease to apply and interruptions will be required for the remainder of such period unless energy use is for one of the conditions outlined under "Provisions for Energy Use Durirrg Control Periods". Any c~stanrer' served under This Rider may elect to minimize the interruptions through the gracedure described above. The initial election must be made in the Comnrcrcial/Industrial Remand Reduction Agreement. Any adjustment or change to the election must be provided In the Company with at least 24 hours' written notice (not including holidays and weekends) and must be by mutual agreement, in wmiting, between Che Customer and the Company. In such case, the written notice will replace any prior election with regard to this Cortinuity of Service Provision. RULES AND REGULATIONS: Service under this rider is subject to orders of governmental bodies having jurisdiction and to the cmren.tly effective "General Auks and Regulations far Electric Service" nn file with the Florida Public Service Commissson. In case of conflict between any provision(s) of this rider and said "General Aules and Regulations for Electric Service", the provision(s) of this rider shall apply. DEFINITIQNS: Generating Capacity Emergency: A Generating Capacity ];mergency exists when any one of the electric utilities in tire state of Florida has inadequate generating capability, including purchased power, to supply its firm load obligations. Force Majeure: Force Majeure for the purposes of this rider means causes oat within the reasonable control of die Customer affected and not caused by the negligence or lack of due diligence of Che Customer. Such events or circumstances may include acts of God, strikes, lockouts or other labor disputes or difficulties, wars, blockades, insurrections, riots, environmental constraints lawfully imposed by federal, state, or local governmental bodies, explosions, fires, floods, lightrtiug, wind, accidents to equipment or machinery, or similar occurrences. Backup Generation Equipment: Backup generation equipment shat; be Customer-provided generation equipment and switch gear. This generation equipment will he utilized for emergency purposes, including periods when the Company is controlling load. Issued by; S. E. Romig, Director, Rates and Tariffs Et~ective: IoTovennber I5, 2i)02 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: July 18, 2008 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 ACCOUNT NUMBER CORRECTION/CSX TRANSPORTATION, INC. ITEM BEFORE COMMISSION Request Commission approval to utilize account # 334-3162-541-31.30 to fund agreement with CSX for Preliminary Engineering to extend the length of the gate arms at SW 10 Street and Lake Ida Road to meet Federal Railroad Administration (FRA) requirements for Quiet Zone. City project #2007-010. BACKGROUND At the 17 June 2008 Commission meeting staff received approval for the Mayor to execute a Preliminary Engineering Agreement with CSX to extend the length of the gate arms at SW 10 Street and Lake Ida Road to meet Federal Railroad Administration (FRA) requirements for a Quiet Zone. That agenda item inadvertently referenced account # 001-2911-519-31.30 as the account to fund the $7,000.00 agreement. The account referenced should have been account # 334-3162-541-31.30. This agenda item clarifies the correct account number to be use for this expenditure. FUNDING SOURCE 334-3162-541-31.30 RECOMMENDATION Staff recommends approval. i r O O N .~ c~ x U 0 J =a a° ~= ~ M r' Y° _ OHO ~o ~- oLL - a U (~ N m N O O N MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director of Community Improvement Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: July 28, 2008 SUBJECT: AGENDA ITEM 8.,T. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 ACCOUNT NUMBER APPROVAL/STUART AND SHELBY DEVELOPMENT- GULFSTREAM ROOFING ITEM BEFORE COMMISSION Assignment of an account number associated with bid award to Stuart and Shelby Development for renovations to 135 NW 5~' Avenue in the amount $610,723.00. BACKGROUND At the May 6, 2007 meeting Commission approved a bid award to Stuart and Shelby Development for renovations to 135 NW 5~' Avenue in the amount $610,723.00. Approval is requested for the funding source account number which was not listed on the original City Commission memo. The project is currently underway and on schedule. FUNDING SOURCE CRA - 118-1930-554-49.19 RECOMMENDATION Staff recommends approval of assigned account number associated with bid award to Stuart and Shelby Development for renovations to 135 NW 5~' Avenue. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director of Community Improvement Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: July 28, 2008 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 SUB-RECIPIENT HOUSING PARTNERSHIP AGREEMENT/DELRAY BEACH COMMUNITY LAND TRUST, INC. ITEM BEFORE COMMISSION Approval of Sub-Recipient Housin Community Land Trust (CLT) for housing units within the CLT. BACKGROUND g Partnership Agreement between the City and the Delray Beach the purposes of subsidizing the costs associated with affordable At the August 7, 2007 meeting, City Commission approved a revised Sub-Recipient Housing Partnership Agreement between the City and CLT for the purposes of subsidizing costs associated with affordable units within the CLT. The agreement is due to expire on September 30, 2008. The new sub- recipient agreement allocates FY07-08 SHIP funds in the amount of $358,726 to the CLT under the Local Housing Assistance Plan's "Sub-Recipient Housing Partnership" strategy. Funds will be utilized to subsidize the construction cost of units to be purchased by very-low, low and moderate income households (defined as up to 120% of the Palm BeachCounty area median income). Approval of this agreement is contingent upon CLT Board approval at their August 21, 2008 meeting. FUNDING SOURCE SHIP - 118.1924.554.49-20 RECOMMENDATION Staff recommends approval of Sub-Recipient Housing Partnership Agreement between the City and the Delray Beach Community Land Trust (CLT) for the purposes of subsidizing the costs associated with affordable housing units within the CLT. Approval is contingent upon CLT Board approval at their August 21, 2008 meeting. SUB-RECIPIENT HOUSING PARTNERSHIP AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY LAND TRUST INC. THIS AGREEMENT is made this 5th day of August, 2Q08, by and between the CITY DELRAY BEACH ("City"}, and the DELRAY BEACH COMMUNITY LAND TRUST, INC. ("Sub-Recipient"). WITNESSETH: WHEREAS, the City requires the services of a nat-for-profit corporation to assist with providing decent, safe, and affordable housing (and suitable living environments), for households determined to be very low (1 % - 50%), low (51 % - 8D%), and moderate {81 % - 120%) income; and WHEREAS, the City desires to provide the Sub-Recipient with construction financing through forgivable loan assistance provided by the State Housing Initiatives Program {SHIP); and WHEREAS, the Sub-Recipient desires to receive funds and distribute those funds to eligible Community t_and Trust properties on a one time basis to assist with reduction of construction costs in order to pravide decent, safe, and affordable housing ownership for households determined to be very low, low, or moderate income. NOW, THEREFORE, in consideration of the promises and covenants herein contained, the parties agree as follows: I. Recitations. The recitations set forth above are incorporated as if fully set forth herein. 11. Programs. A. Homebuyer Program: 1. Duties and Responsibilities. a. City of Delray Beach, Neighborhood Services Division 1) To administer Sub_Recipient Housing Partnership Strategy as set fiorth in the 2007- 201 OLocal Housing Assistance Plan; 2) To ensure compliance with all applicable governing regulations, statutes, local and state laws, and program specific requirements; 3) To coordinate all monitoring and annual reporting of program requirements related to the City administered funds under the Program; 4) To maintain the availability of funds to be used as subsidies from the City's annual SHIP allocation; the City will maintain its authority to approve/deny al! applicant files {on an individual basis} requesting subsidy assistance from the City; 5) To refer program applicants and interested persons to Community Land Trust, Inc.; 6) To provide incremental payments in the form of subsidy awards to the Sub-Recipient based on eligible homebuyers under the Program not to exceed Seventy-Five Thousand Dollars ($75,000.00} per home purchase; 7} To monitor at random that the Community Land Trust residents who have benefited from the subsidy are not violating any of the "qualifying event(s)" as outlined in the 2007- 2010 Local Housing Assistance Plan. Qualifying event(s) are considered to be: 2 i) The unit is sold and is no longer a part of the Community Land Trust; ii} The homeowner fails to continuously occupy the home as a primary resident; ii) The unit is rented; iv} The unit is refinanced without prior authorisation of the City; b. Community Land Trust, Inc., Sub-Recipient Partner The Community Land Trust is a private nonprofit corporation created to secure affordable access to land and housing and to hold said land for the benefit of the community thereby ensuring perpetual affordability of units. The Sub-Recipient's role as a Partner shall be: 1) To implement the income-eligibility process as outlined in the "State Housing Initiatives Partnership, SHIP Program Manual" and to submit SHIP income eligible files as determined by the SHIP Income Limits Chart listed in Exhibit "A" to the Neighborhood Services Division at least five (5) days prior to closing date with all required documentation listed in Exhibit "B" -Documentation Checklist. c. To ensure that all applicants meet the following criteria in addition to the Income-Eligibility guidelines: 1) Recipient must be #irst-time homebuyer(s}, which is defined as one of the following: a. someone who has not owned a home during the past three (3) years; b. a single parent who has been divorced and displaced within the twelve (12} month period prior to time of application, 3 and whose house hold includes children under the age of eighteen (18); c. a displaced victim of domestic abuse; d. a person displaced as a result of a government action (other than eviction from public housing; and those who have special needs according to Chapter 67-37.002(13); 2) Recipient must have a bank account; 3) Recipient must have an accepted contract for a home and have applied for a fiirst mortgage with a lender that meets the lender guidelines attached as Exhibit "C"; 4) Recipient must have attended and completed an approved home buyer education course {i.e. at least four hours in length and conducted in a classroom setting} approved by the Neighborhood Services Division. d) Funds available for FY ending September 30, 2009 will be $529,568 total ($170,542 FY06-07, $358,726 FY07-08). Sub-Recipient shall meet the housing goals as follows: 1) FY06-07 Funds a. Sub-Recipient will be required to expend at least One Hundred Forty Five Thousand dollars ($145,000.00) of funds on Very-Low Income Applicants. 2) FY 07-08 Funds a. Sub-Recipient will be required to expend at least One Hundred & Eighty Four Thousand Dollars ($184,000.00) of funds on Very-Low Income Applicants. b. Sub-Recipient will be required to expend at least One Hundred Forty 4 Thousand Dollars ($140,000.00} of funds on ~.ow-Income Applicants. 3} Deadlines to expend funds (as stated above) are as follows: i. FY06-07 February 1, 2009 ii. FY 07-08 February 1, 2010 4) The Sub-Recipient shall charge a development flee of no more than six percent (6%) of the CLT Board approved construction costs per unit. e) Sub-Recipient shall notify the City if they learn that a resident who has benefited from the subsidy is violating any of the "qualifying events}" as outlined in the 2007-2010 local Housing Assistance Plan ("CHAP"). 2. Program Duration and Schedule. The Sub-Recipient program services as specified above shall begin upon notice to proceed from the Gity and continue diligently until finished. The schedule as proposed at the time of contract execution is as follows: Start Date: Upon signature of this agreement Monthly Status Report: Last day of each month 3. Payment Schedule. Payment to the Sub-Recipient shall be made as follows: At closing, a maximum award is limited to Seventy- Five Thousand Dollars ($75,000.00) per home purchase; however, the maximum is not automatically provided; rather the amount of the subsidy awarded will be the minimum 5 amount necessary to enable the buyer to purchase a property within the Delray Beach Community Land Trust at a monthly payment affordable to himlher after reviewing the Buyer's income and determining it to be very low, low or moderate as defined by the U.S. Department of Housing and Urban Development (HUD) and the SHIP Program as well as the City's Neighborhood Services Division. The payment shall be a .zero percent (0%} interest forgivable deferred payment loan to Sub-Recipient under a separate loan agreement to be executed between City and Sub-Recipient for each property. The loan shall be for fifteen ('! 5) years for amounts greater than Five Thousand Dollars ($5,000.00) but less than Thirty-Five Thousand Dollars ($35,000.00} and for amounts equal to or greater than Thirty-Five Thousand Dollars ($35,000.00), the loan shall be forgivable in thirty (30) years provided that no qualifying event occurs prior to expiration of the loan. A qualifying event shaft be: a. The property is sold or transferred in a manner such that it is no longer held in trust far affordable housing purposes; b. The Community Land Trust dissolves andlor ceases to exist as a 501(c)(3} not-for-pro#it corporation; c. The unit is rented without prior authorization from the City; 6 d. The unit is refinanced without prior authorization from the City; e. Failure to follow the guidelines of the Community 1_and Trust and the hocal Housing Assistance Plan ("CHAP"); f. Failure to follow guidelines of this Sub~Recipient Agreement; or g. Failure to follow the requirements of the City or CRA. III. Indemnification. Sub-Recipient shall defend, indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from the Contract or from work done by Sub-Recipient or its subcontractors in the performance of the contract except to the extent caused by the sole negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, to approve counsel obtained by Sub- Recipient The parties understand that the City does not waive its sovereign immunity under Fla. Stat. §768.28. IV. AuditslMonthly_Repoms. A. In the event that Sub-Recipient expends a total amount of state financial assistance equal to or in excess of Five Hundred Thousand Dollars ($50Q,000.00) in any fiscal year, the Sub-Recipient must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, 7 Florida Statutes, and comply with the provisions set forth in Sections 215.97(7) and (8), Florida Stafufes. B. Sub-Recipient shall provide a monthly report including a list of all outstanding inventory of homeslrental units available, a copy of the CLT budget, financial reports, bank statements, as well as all other information requested in Exhibit "D" attached hereto. V. Term of Agreement. This Agreement shall be effective immediately upon execution by all parties and shall expire on September 30, 2009, however, both parties shall have the right to cancel this Agreement at any time by providing ten (10) days advanced written notice to the other party. VI. Entire A reement. Na prior or present agreements or representation with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Modification to this Agreement shall be in writing and executed by the parties. VII. Severabifit t. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have na force and effect upon the validity of any other part of portion hereof. VIII. Governin Laws• Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall lie in Palm Beach County, Florida. IX. Assi nabilit . Neither the City nor the Sub-Recipient shall assign or transfer any rights or interest in this Agreement. 8 X. Validi of Agreement. This Agreement shall not be valid until signed by the Mayor and the City Clerk of the City of Delray Beach and the Chairperson of the Delray Beach Community Land Trust. ATTEST: City Clerk Approved as to Form: CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor {SEAL} City Attorney 9 ATTEST: Print Name: STATE OF FLORIDA ) ) ss COUNTY OF PALM BEACH ) DELRAY BEACH COMMUNITY LAND TRUST, INC. Bv: Print Name: Chairperson of the Delray Beach Community Land Trust The foregoing instrument was acknowledged before me this day of 2007, by of as corporation, on behalf of the corporation. He1She is personally known to me or has produced as identification. Notary Public -State of Florida 10 O L 0 L 0 U v c~ LL .~ O .~ 0 L. a .~ ~~ d 4 ate.. J d 0 V 00 d N .-+ a~+ O U v c~ d a N t~ U O m V SD m CJ Q ~[') O l!7 O O O O O O O ~ N ~ O ~ ti O ~ OC? d' ~ ~ c 4 ti O p d^ r O ~ 1~ r CD r l~ CfJ ~' r M OD fti O N N c~ M ~ d' `~ ~C7 CO It f~ OD O O O O O O O O O O d ~ N 1` X17 M N r O O 00 O Lfl LC) L(] 07 r f~ C? [+7 cD 07 d7 'ct M O cD 00 N O N M M M ~ d' L{7 LfJ Cfl f~ OO r ~- '~ O ~ ~ O ICJ LCD O O N ~ M O ~ O 6f) O OD O O O O O O O ~ ' O CQ N d' O O r ~- ~-- r O r Cp N 07 E1 ] M r d- c7D N CQ O ~- 00 cr] ~ Op CS] c~ ~ 0 N N M M ~t d- '~ ~J CO cD I~ O? ~-- ~ ~ n ~n o ~n o o d 0 0 a o o . O 'cl' 00 r l.[7 LL7 N O O I.C) O '~ 4L7 N ~ ~ ~-- oo ~ M N oo ~ cO r,~ m cD d. ~ c~7 cp a~ M t~ co ~ rn ~ ~ ~ o ~ N N N M M M d' d' ~ Cfl I` QO r L O O O O Q O O O O O O Q O +~-- u7 N o0 ~ O O N O lC) Q O ~7 00 o ~ ti N cfl r t~ ~ ~ N M ~_ © o ao ~ O d' I` r d' _ u7 r O ~ d O C'} C4 ~ N N N M M m ~ ~ ~ ~!7 CD eo 07 E ~ Z o Ln o ~n O ' o o O d o 0 0 0 O O N M ~L 3 4!7 OO O O Lf7 O C4 N OO r d- oD r ~- I` ~-- 07 M C3~ d' 1` r N N N M M M ~ d" 1.C~ ~L7 I~ M ca o 0 0 0 0 0 o a a o 0 0 o rn m M o o ~ i.n o 0 0 0o cn N CQ M r O ~ ch N ~ [~ 4!7 CO ~ Lt7 CD 07 N 'd' I~ 00 M CO d' f` N CO f~ r r N N N N M M d' ~!' ~ CO I` O O O C7 O O O O Q O O O O LC') ~ CO 00 O O ~ LCD l17 O O CO CQ ~ l17 07 C'7 f~ N OQ O C'7 f~ CD N O I` C' CS? 07 r d' '~Y' 07 N OO r Cfl 4O f` ~- r r N N N N M M ~1' ~ ~ CD c~ O O ~ ~ ~ o o ~ ~ ~ o a o ~ o G1 89 O ~ Q ~ d 4f] O Q d d ~ O ~ ~ .Or C''~ c'7 C- ~i- ~ ~ ~ f~ ~ CA ~ r ~ OS ~ !~ V C O C w c ~ i o o ° O O ' 3° ° 01~ V o r- as ~ p o ao iq ~ ~ ~ ~ ~ ~ ' ~ o ~ V o ~ a` ~. 0 3~ ~o - ~ - O °- ~ ~ N c J ~ ~ ~ 7° Ju ~°O ~ _ ~~ s x w Exhibit "B" Appliicant Address Strategy Sub-Recipient Housing (CLT) File Narrative Com leted Application Copy of DL, S.S. Card, Alien Re istration Prior Year's Tax Returns Used to verif # of dependents} Homebuyer's Seminar Certificate r. Verification of Employment Form 1. month Paystubs Verification of Asset Farm Checkin Account(6 months} Savings Account 6 months Investment Account 6 months) Alimony/Child Sup ort Documentation Verification of Social Securit Assistance Verification of Benefits SHIP Income Certification`;.:Form SHIP Asset Addendum Form Certificate of Occupant A raisal Purchase and Sale Contract Builders ecs and :Cost 'Breakdown' Floor Plan and Elevation Loan Cammitrnent Fannie Mae Forms 10.Q8 & X003 Goad Faith Estimate Home Aurchase Anal. sis. Subsid Transaction Sheet Fundiri Re nest Letter`from Titie Com an Ct of Delra '=Beach Subsid Award Let:te`r Ground Lease A reement H'UD Closin Form-_ First Mort a e A regiment Warrant Deed Promisso Note Date Date Comments CITY OF DEf.RAY BEACH Affordable Houuing Homebuyer Program File Checkist Staff Signature C.D. Signature Exhibi# "C" Lender Guidelines "Institutional First Mortgage Lender" is defined as any bank or trust company, mortgage banker, savings bank, credit union, national banking association, savings and loan association, building and loan association, or other financial institution or governmental agency authorized to conduct business in this state and which customarily provides service or otherwise aids in the financing of mortgages on real property located in this state. Prior to commitment of SHIP funds, lenders must meet the following threshold conditions: • Lender must have an affordable housing underwriting criteria with guidelines available for review and approval by the City. • Lender must submit a firm loan commitment letter that clearly contains the dollar amount, the interest rate, terms and conditions. Conditional commitment must contain conditions and good faith estimate. Lending Parameters ^ The interest rate established will be the FreddieMac net So day rate for 3o years minus 5o basis points, and shall be lacked in for a period of at least 6o days. If the loan is not closed within 60 days, the interest rate will be the prevailing rate to be determined not less than five (5) days before closing. The rate shall be locked in at the time of loan approval with a "float down" feature if rates should go down. ^ The term of the loan shall be 3o year fixed conventional mortgage. ^ The maximum allowable fees to the borrower are as follows: • Origination fee • Doc Prep fee • Fload Cart Fee * Tax Service Fee • Underwriting Fee • Processing Fee • Closing Fee • Application Fee • Appraisal Fee • Credit Report • Settlement Fee • Notary Fee • Re-certification Fee • Final Inspection • Roof/Termite Inspection • Recording Fees • Lender's Inspection • PMI 1.5% of loan amount $y$.oo $ 22.00 $75.00 No Charge No Charge No Charge No Charge Prevailing vendor cast Prevailing vendor cost No Charge No Charge $roo.oo (maximum charge) $~oo.oo (maximum charge) $55.00 (per inspection) Per State regulations $75.00 (maximum allowed per inspection} Not allowed(only if FHA loan) *Waivers will be considered an a case-by-case basis. ^ Eligible Properties Single family units (excluding mobile homes), Tawn homes, Condaminiums, Villas. (All properties subject to City Community Improvement Division's approval) These are basic guidelines. Community Improvement reserves the right to approve an a case-by-case basis. Exhibit D INSTRUCTIONS FOR THE COMPLETION OF MONTHLY REPORT Genera! Instructions 1. Exhibit "D" or any other form approved by Neighborhood Services must be used, 2. All forms may be submitted to the division electronically. Submission Requiremertf Instructions 3. The organization shall submit to the division no later khan the last day each month. The reports must show all accomplishments monthly as well as cumulatively (year to date). Deadlines All SHIP Funds far the Fiscal Year 1 (2006-2007} must be expended or encumbered by February 1, 2009. Ali SHIP Funds for the Fiscal Year 2 (2007-2008} must show all activity, if any, as of February 1, 2010. FORM 1 -Homeownership: Monthly Expenditure_Report CalumnlDeseription Instructions Column A: Name of homeowner. Column B: Address of property receiving subsidy funds. Column C: Very Law Allocation including amounts received per property. Column D: Law Allocation including amounts received per property. Column E: Moderate Allocation including amounts received per property. Column F: Total Allocation refilecting al! expenditures in excess or shortage. Carry over from Enter any amount which was carried forward from the previous previous year: year into the new year {when applicable}, Carry forward of funds can only be used when the amount of funds remaining are insufficient to assist one unit. When funds are overspent, the difference must be subtracted from the next year, thereby decreasing funds for that income category. FORM 2 -Additional Information Please attach the following to each monthly report submitted 1.Outstanding Inventory of homeslrental units available 2. Copy of CLT budget, financial reports, and bank statements NOTE: To obtain assistance with completing the Monthly Report. Contact Neighborhood Services staff at (561) 2~3-7280 or alpert a(~,ci.delray-beach.fl_,us I mesidort anci.delray-beach.fl.us EXn~~~t °o• FY2flUB-2QQ7 Allocation 145,04Q.44 25,842A0 170,842.00 Carry Forward Funds - - - - Acfual Allocation. 145,080.00 - 25,842.00 170,842.00 Applicant Address Very Low Low Moderate Total Allocation 06-07 Current8alance 145,000.00 - 25,842.OD 770,8{2.00 FY2007-2008... Allocation 184,DDO.DO 140,000.00 34,726.00 358,726.00 Carry Forward Funds - - Actual:A1location 184;000.00- 140 400:00 34,72fiA0 358,726.00- .Applicant -. Rddres§ Very Low LoV~, Moderate -Total A7locatidn 07-08 CurrerrtBalance 184,000.00 740,OOD.00 34,726.00 358,728.00 MEMORANDUM TO: Mayor and City Commissioners FROM: Anthony W. Strianese, Chief of Police Sharon L'Herrou, Administrative Officer THROUGH: David T. Harden, City Manager DATE: July 28, 2008 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 AMENDED AGREEMENT/GULFSTREAM GOODWILL INDUSTRIES ITEM BEFORE COMMISSION The Police Department requests approval to amendment the agreement for Funding and Acceptance of Funds between the City of Delray Beach and Gulfstream Goodwill Industries. This amendment reduces the award amount by $24,000 from $70,730 to $46,730. BACKGROUND Gulfstream Goodwill Industries was contracted to provide services for ex-offenders returning to our targeted Weed & Seed neighborhood to facilitate successful re-entry and reduce recidivism. Since at least 90% of ex-offenders returning to Delray from state prisons intend to reside in our target community, a project of this type is an important step towards enhanced public safety. However, the project budget is currently under spent due to delays in hiring a full-time manager and an underutilization of support services as compared to projections. Due to the deadline associated with the project funding, the CCR Manager has received approval from the funding source to reallocate these unspent funds to other community projects (see attached memos). FUNDING SOURCE The funding for this project is provided to the City through a grant from the Criminal Justice Commission. RECOMMENDATION The Police Department recommends approval. Y `` ~~ ^ ~~ :, a s I~ t. - i ® ~ ~ ~ u h ^~ L i ~ ,: .. ~ ~~ - ~ ~ I ~ R 7 ~I ~: 3? MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: July 18, 2008 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 MOTOROLA SERVICE AGREEMENT ITEM BEFORE COMMISSION The attached agreement between the City and Motorola provides that Motorola will service the City's portable radios as well as the equipment used for the City's dispatch system in the amount of $122,960.88. The Agreement begins October 1, 2008 and shall expire on September 30, 2009. BACKGROUND Motorola furnished its equipment and radios to the City approximately 7 years ago and has provided service to the City under an annual service agreement ever since. FUNDING SOURCE Funding to be provided from various FY 08-09 departmental budgets. RECOMMENDATION Staff recommends approval. O July 7, 2008 Field Service Organization SOE)Q W Sunrise Blvd, RCV West i 1-14J Plantation, FT. 33322 Phone:934-723-471$ Enclosed are two original copies of the maintenance agreement renewal for your Motorola Radio System. Your current contract is scheduled for expiration on September 30, 2008. Please take a moment to review the contract and the attached equipment inventory and let me know if you need to have any adjustments made. I will be happy to make any necessary inventory changes to ensure your system is properly covered. Upon signature completion, please be sure to send one original contract back to the following address to ensure your contract is processed in a timely manner. Or you can fax a signed copy of the contract to me at 954-723-4791. No billing will take place until the start date of your service agreement. To prevent any interruption in service, let me know if there is any additional information you may need in advance to assist in ensuring your contract is processed in a timely manner prior to contract expiration. Motorola FSO Attu: Cindee Markes $1100 W Sunrise Blvd Rcv west ll-14J Plantation, FL 33322 if you have any questions, please feel free to contact me at 954-723-4718. cerely, Cindee Markes ~' South Florida Customer Support Manager Motorola, Inc. ~ECE~VED .1J~ (~ 8 X008 ~fTY ATTORNEY o M~ Attn: National 5ervlCe Support 9307 EastAk,Jwrquin Road Schaumburg, tL 60986 {800) 247-2346 Ver.4.9BuiIdT006 gERVICE AGREEMENT Agreement Order # : 05550i49t10613 Supersedes Agreement #(s) :5000010.00431 Date: 313/2007 / Company Name: Delray Beach, City of Attn: Billing Address: 300 West Atlantic Blvd City, State, Zip: Delray Beach, 1=L 33444 Customer Contact: Ralph Phillips Phone: 561-243-7854 ` Fax:561-243-7816 Required P.O.: No Customer # : 1000303082 Bi11 to Tag # :0006 Contrail Start Date: 10/01/2008 Contrail End Date: 0$13012009 Anniversary Date: Payment Cycle: Quarterly Tax Exempt: Yes -- _ . - -- PO#: - - -- ~ ModellOption _ Description _ _ r Manthl~ Ext i ExEencEed ---- ----- ------------------------- -- --------------1- ---------------- TOtal34n-ices: $ 10,246-74 $ 122,960.88 SVC015VC1102 Diispatch Service SVC01SVC1104 Technical Support Service SVC015VC1103 Network AAonitoring Service SVC015VC1422 Local Radio Combo Package SVC01 SVC1101 Infrastructure Repair With Advanced Rspiacement Service SVC015VC1410 OnSibs Infrastructuire Response Service SPECIALIN5TRUCTIONS=~rrncHSrnr~,.~,rafiwoasFOna~Rwaw~ - oEacmrnoNa See attached list for equipment covered under contract TAXES $9-00 $0.00 GRA_ND_ TOTAL $ _ _10,246.74 $ THIH.BERY{CE AMOUNT I8 $lltilECT TO BFATE 8 LOCAL TAXING Jl1RF80dCTIONS, TO BE VERIfIED BY MOTOROLA 122,960.88 122,960.88 122,960.88 r _ srAT>= - ~umtMrg IL urrlhisg IL -- --- •=L -- - -SSG-Technical Support is tOOD681. - 55C-I+latwork Menapamert ~s rDODl371 _ olnmunlt~tions Ina. - Inrraelntttirre tlepol Operations ?LI21 _ - so„nt rlorida Aso {oofsa- Motarde~s service Terrns & Gnntlitians, a oopr or whlcli is ~ ro this Service ~ Apreemertt, is trtGOrparated herein by this reference AUTHnR17F17 CUSTOMER 51GNATURE TITLE CU OM~R PRINT ) Customer Support Manager MOTO OLA REPR SENTATIVE (SIGNATURE TITLE Cindee Markes _ _ 954-723-4718 ____ MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE ~T SUBTOTAL-_RECURRING_S£RVICES $ 10,246.74 $ SUBTOTAL-ONE-TIME EVENTSERVICES_ __ $ TOTA $ 10;248.74 $ - .. - PATE DATE 954-723-.4791 - - - FA)(----- SPC v4.9 Build iD00 Release Date: 011011U5 Customer: Delray Beach, City of Q~yt Equipment Description 14 Quantar Repeaters 4 Centracom Gold Elite Consoles 6 Control Stations 4 RCH Digital Remote 1 Moscad (1 PC, 3 RTIJ} 41 Astro Spectra Mobiles 194 LTS2000 11 LCS2000 248 XTS3000 6 XTS5000 Svs#em Description 1 Prime Site 1 Hard Drives Receive Site 1 Dispatch Center 7 Channels Effec#i~e: 1 Q1112008 Service Terms and Condi#ions Motorola, Inc.; through its Commercial, Government, and lndustria! Solutions Sector ("Motorola"), and the customer named in this Agreement ("Customer"), hereby agree as fellows: Section 1 APPLICABILITY Thsse Service Terms and Conditions apply to service contracts whereby IlAatarola agrees to provide to Customer either (1) maintenance, support andlor other services under a Motorola Service Agreement, or (2) installation services under a Motorola installation Agreement. Section 2 DEFINITIONS AND INTI=RPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments,. al[ of which are incorporated herein by this reference. in interpreting this Agreement and resolving any ambiguities, these Service. Terms and Condi#ions will take precedence over any cover page, and the cover page will take precedence over any attachments, unless the cover page or attachment specifically states otherwis®. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, #raining, and other services described in this Agreement. Section 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement will become binding only when accepted in writing by Motorola. The term of this Agreement will begin on the "Start Date" indicated in this Agreement. Section 4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in #his Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request., Motorola may also provide additional services at Motorola's then-applicable rates far such services. 4.2. If Mntnrala is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4,3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates atterthe warranty for such additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable- request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged,. stolen or taken out of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written no#ice. 4:5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environmen#s. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly nr economically serviced for any reason, Motorola may modify the scope of Services related to such Equipment; remove such Equipment from the Agreement; or increase the price to Service such Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consisten# with the level of Service purchased as indicated in this Agreement.. Section 5 EXCLUDED SERVICES 5.1. 'Service excludes the repair or replacement of Equipment tha# has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or acciden#, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in #his Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipmen#; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna., microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer rtatworks,. the Internet or the worldwide web, or for Equipment malfunction caused by such transmissicn medium. Section 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, anon-hazardous work environment with adequate shelter, heat, light,-and power and with full and free access to the Equipment. Waivers of Liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated In this Agreement, the price far the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and expenses. Section 7 CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers} that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to. enable Customer's personnel to maintain contact, as needed, with Motorola. Section 13 PAYMENT Unless alternative payment terms are specifically stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Cus#omer agrees to reimburse Motorola far all property taxes, sales and use taxes, excise taxes, and other taxes or assessments levied as a result of Services rendered under this Agreement {except income, profit, and franchise taxes of Motorola) by any governmental en#ity. Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety {90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAULTITERMINATlON 10.1. if either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30} days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement wil[ not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will became due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11 LIMITATION OF LIABILITY This limitation of liability provision shall apply notwithstanding arty contrary provision in this Agreement. Except far personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH 7HE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE Pi=RFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO TH[S AGREEMENT. No action for breach of this Agreement or otherwise relating to the transactions contemplated by this Agreement may be brought more than one { 1) year after the accrual of such cause of action,. except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement. Section i2 EXCLUSI1i•E TERMS AN.D CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements ar representations concerning the subject matter of this Agreement except for those expressed herein. The ,4greement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement shall not affect its applicability. In no event shall either party be bound by any terms contained in a Customer purchase order,. acknowledgement, or other writings unless: (i) such purchase order, acknowledgement, or other writings specifically refer to this Agreement; (ii) clearly indicate the intention of bath parties to override and modify this Agreement; and (iii} such purchase order, acknowledgement, or other writings are signed by authorized represen#atives of bo#h parties. Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise famished to Customer under this Agreement will remain Motorola's Property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission nr as required by law, any such information or data to any person,. ar use such information or data itself for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section will survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access #o its confidential and proprietary Information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the Equipmen# sold or Services performed under this Agreemertit. Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regula#ions required by such agencies. Neither Motorola oar any of its employees is an agent or representative of Customer in any governmental matters. 5ectian 15 COVENANT NOT TO EMPLOY During the term of this Agreement and continuing far a period of two (2} years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third patty of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Mo#orola ar its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it shall be modified as necessary to conform to such law. Section 16 MATERIALS,,TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings ot'other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to such property, and return it to Motorola upon request. Such property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17 GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State in which'the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays ar lack of performance resulting from any causes such as strikes, material shortages, or acts of God that are beyond that party's reasonable control. 17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its performance, under this Agreement. 17:6. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINlJE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.7. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for such services an a time and materials basis at Motorola's then effective hourly rates. M+C~'TaR~L~I Statement of Work Network Monitoring, OnSite Infrastructure Response and Dispatch Service Overview: Motorola will provide Network Monitoring, Dispatch Service and OnSite ]nfrastructure Response services to the Customer. These services are applicable only for the following system types: SmartZane up to release 6.2, SmartZone/OmniLink v2.0.3 and higher, SmartNet, Private Data (with a wireless network gateway) v2.0.3 and higher, and E911. 1.0 Description of Services Network Monitoring is a service designed to electronically monitor Elements of a Communication System for Events, as Set forth in the Monitored Elements Table, When the Motorola System Support Center {SSC) detects an Event, trained technologists acknowledge the Event, run remote diagnostic routines,. and initiate an appropriate response. Appropriate responses could include, but are not limited to, continue monitoring the Event for further development, attempt remote Restoral, or transfer the Event by opening a Case for dispatch of a Services. The Services will respond to the Customer location based on pre-defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the Response Time Table in order to Restore the System. Motorola will provide Case management as set forth herein. The SSC maintains contact with the on-site Services until System Restoral occurs and Case is closed. The SSC will Continuously track and manage Case activity from open to close through an automated Case tracking process. This Case management allows for Motorola to provide activity and performance reports. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola"s Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the fallowing responsibilities: 2. I. Recommend any needed Connectivity or monitoring equipment and coordinate installation oC such equipment upon Customer's request. 2.2. Provide dedicated Connectivity necessary for monitoring SmartZane, SmartZone/ Qmnil,ink, and Private Data system types. 2.3. Verify Connectivity and Event monitoring prior to System Acceptance or Start Date. 2.4. Continuously receive service requests. 2.5. Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant to section 3.1 2.C,. Attempt remote Restoral, as appropriate. 2.7. Create a Case as necessary when service requests are received. Gather information tQ perform the following: 2.7.1. Characterize the issue 2.7.2. Determine a plan of action 2.7.3. Assign and track the Case to resolution. 2.8. Dispatch a Services, as required, by Motorola standard procedures and provide necessary Case information collected in section 2.7 2.9. Ensure the required personnel have access to Customer information as needed. 2.10. Disable and enable System devices, as necessary, for Servicers. 2.11. Services will perform the following on-site: 2.1 I.l . Run diagnostics on the Infrastructure or FRU. 2. l 1.2. Replace defective- Infrastructure or FRU, as applicable.. Customer, Services or Motorola may provide Infrastructure or FRU. 2.11.3. Provide materials, tools, documentation, physical planning,manuals, diagnostic/test equipment and any other requirements necessary to perform the Maintenance service: 2.1 1.4. If a third party Vendor is needed to Restore the System, the Services may accompany that Vendor onto the Customer's premises. Network Monitoring, OnSite Infrastructure Response and-Dispatch Service Approved by Contracts and Compliance 12-19-(J3 page 1 of4 IMQ7'7~,~I'~QL~I 2.12. Verify with Customer that Restoration is complete ar System is functional, if required by Customer's repair Verification preference in the Customer Support Plan required by section 3.4. Tf Verification by Customer cannot be completed within 20 minutes of Restara#ion, the Case will be closed and the Services will be released. 2.13. Escalate the Case to the appropriate party upon expiration of a Response time. 2.14. Close the Case upon receiving notification from Customer or Services, indicating the Case is resolved. 2.15. Notify Customer of Case Status, as required by the Customer Support Plan at the following Case Ievels 2:15.1. Open and closed; or 2. L 5,2. Open, assigned to the Services, arrival of the Services an site, deferred ar delayed, closed. 2.16. Provide the following reports, as applicable: 2.1b.1. Case activity reports to Customer. 2.16:2. Network Monitoring Service reports for Customer Systems}, excludes E911. 2.16.3. PerformancelAvailability Reports for SmartZone, SmartZonel OmniLink, and Private Data Systems only. 3.0 Customer has the fallowing responsibilities: 3.1. Allow Motorola Continuous remote access to ab#ain System mailability and performance data. 3.2. Purchase Connectivity, installation and monitoring equipment necessary for monitoring the System if recommended by Motorola. Failure to purchase such equipment as recommended by Motorola tray prevent Motorola from rendering the services described in this Statement of Work. 3.3. Order and maintain dedicated dial-up phone lines for telephone service for S1VlARTNET and E911 System types. 3.4. Provide Motorola with pre-defined Customer information and preferences prior to Start Date necessary to complete Customer Support Plan. 3:4.1. Case notification preferences. and procedure 3:4.2. Repair Verification Preference and procedure 3:4.3. Database and escalation procedure forms. 3.4.4. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.5. Provide the following information when initiating a service request: 3.5.1. Assiuned System ID number 3.5.2. Problem description and site location 3.5.3. Other pertinent information requested by Motorola to open a Case. 3.6. Notify the System. Support Center when Customer performs any activity that impacts the System. (Activity that impacts the System may include, but is net limited to, installing sof}ware or hardware upgrades, performing upgrades to the network, or taking down part of the system to perform maintenance.} 3.7. Allow Servicers access to Equipment {including any Connectivity or monitoring equipment) if remote service is not possible. 3.8. Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2.1 i .2 3.9. Maintain and store in an easy accessible Location any and a11.Software needed to Restore the System. 3.10. Maintain and store in an easily accessible location proper System backups. 3.11. For E911 systems, test the secondary/backup PSAP connection to be prepared in the event of a catastrophic failure of a system. Train appropriate personnel on the procedures to perform the function of switching to the backup PSAP. 3.12. Verify with the SSG that Restoration is complete or System is functional, if required by the Repair Verification Preference provided.by Customer in accordance with section 3.4. 3. L 3. Cooperate with Motorola and perform ail acts that are reasonable or necessary to enable' Motorola to provide these services. Network Monitoring, OnSite Infrastructure Response artd Dispatch Service Approved by Contracts and Compliance 12-19-0.3 .page 2 of 4 IMQ'T~?~iQi~4 Severity De#initions Table Severity Level Problem Types Severity L ^ Response is provided Continuously ^ Major System failure ^ 33% of System doFVn ^ 33% of Site channels dor+~m ^ Site Bnvironnnent alarms (smoke, access, temp, AC power. ^ This level is meant to represent a major issue that results in an unusable system,. sub-system; Product, or critical features from the Customer's perspective. No Work=around or immediate solution is available. Severity 2 ^ Response during Standard Business Day ^ Significant System impairment not to exceed 33% of system down ^ System problems presently being monitored ^ This level is meant to represent a moderate issue that limits a Gustamer's normal use of the system, sub-system, product, or major non-critical features from a Customer's perspective Severity 3 Response during Standard Business Day ^ lritermittent 5y5tern ISSUES ^ Information questions ^ Upgrades/preventative maintenance ^ This. level is meant to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features from a Customer's perspective. it may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as reventative maintenance or roductls stem u .des. Response Time Table (Customer's Response Time Classiflcatian is designated in the Service Agreement). Severity Regular Premier Limited Level Response Time Response Time Response Time Severity 1 Within 4 hours from receipt Within 2 hours from receipt Within 4 hours from of Notification of Notification receipt of Notif cation Continuausl Continuousl Standard Business Da Severity 2 Within 4 hours from receipt Within 4 hours from receipt Within 4 hours from of Notification of Notification receipt of Notification Standard Business Da Standard Business Da Standard Business Day Severity 3 Within 24 hours from Within 24 hours from Within 24 hours from receipt of Notification receipt of Notification receipt of Notification Standard Business Da Standard Business Day Standard Business Da Network Monitoring, OnSite infrastructure Response and Dispatch Service Approved by Contracts artd Compliance l Z-19-03 page 3 of 4 M~T~ROLA Monitored Elements Tabte {Listed by technology} tam T'. e ~ E uP ~ enf SmartZone 6.0 NorteI; Packet Routing Network; Zone Controllers; Database Server;. FullVision Server; Zone Statistical Server; Air Traffic Router; System Statistics Server; User Configuration Server; Packet Data Gateway Server; PBX; Interconnect Server; Motorola Gold Elite Gateway {MGEG); AEB; CEB; ARCADACS Cross Connect Switch; Simulcast RF Site (Site Controllers, Comparators, Stations); Intelli Repeater RF Site {Stations);Intelli Site Repeater RF Site (Site Controllers, Stations); MOSCAD Overlay (TenSr, Station, Channel Banks, TRAK CPS, Environmental Alarms, Microwave) SmartZone 4.1 Zone Controllers; Database Server; Digital Interface Unit (D1U}; Central Electronic Bank (CEB) Interface; AEB; Fu1lVisian Server; Air Traffic Router;. System Statistics Server (Multi-Zone); Zone Statistical Server; Ciser Configuration Server; NOVA 2000 (Interconnect); Remote Rl~ Sites (Site Controllers Including .Simulcast, Stations); MOSCAD Overlay {Stations-Non Trunked, Comparater, TenSr Channel Banks, Environmental Alarms,lVlicrawave. SmartZone 3.0 - 3.5 Zone Controller; Database Server; User Server; Digital Interface Unit (DIU); Central Electronic Bank (CEB) Interface; AEB; User Configuration Server (3.5); Historical Server {User Server i6); AEB Central Electronic Bank (CEB); MBX (Interconnect); Remote RF Sites {Site Controllers -Inc.Iuding Simulcast, Stations); IbIOSCAD Overlay (Stations, TenSr Channel Banks, Environmental Alarms, Microwave) SMARTNET Monitored by MOSCAD SiteSentry Site Controllers; Stations; Environmental Alarms; Channel Banks Private Data Wireless Network Gateway (WNG); Radio Network Controller RNC ;Base Station 1x91 I - Centralink Classic - Monitored by SEB Teltronics ALI Teltronics ANI E9l I - Centralink Classic- Monitored by RAC Teltronics ALI E9I 1 - C2000/Palladium Palladium ALI Teltronics ANI Network Monitoring, OnSite InfrA.structure Response and Dispatch Service Approved 6y Contracts and Compliance 12-19-~3 page 4 of 4 MOTORQLA Statement of Work Infrastructure Repair with Advanced Replacement 1.q Description of Services Infrastructure Repair is a repair service for Motorola and select third party Infrastructure as set forth in the applicable attached Exhibit(s), alt of which are hereby incorporated into this Statement of Work (SOW) by this reference. Customer's System type determines which exhibit is applicable (i.e. SmartZone system exhibit, SmartNet system exhibit). Infrastructure may be repaired down to the Component level, as applicable, at the Motorola Infrastructure Depot Operations (1D0). At Motorola's discretion, select third party €nfrastructure may be sent to the original equipment manufacturer or third party vendor for repair. If Infrastructure is no longer supported by the original equipment manufact~uer or third party vendor, Motorola may replace Infrastructure with similar Infrastructure, when possible. Whey available, Mptarola will provide Customer with an Advanced Replacement unit(s) or FRU(s) in exchange for Customer's malfunctioning FRU(s). Non-standard configurations, Customer-modified infrastructure and certain third party Infrastructure are excluded from Advanced Replacement service. Malfunctioning FRU (s) will be evaluated and repaired by IDO and returned to IDO FRU inventory upon completion of repair. In cases where Advanced Replacement is nvt available or when a Customer requires the enact serial number to be returned, a FRU may be available on a loaner basis. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Use commercially reasonable efforts to maintain an inventory of FRU. 2.2. Provide, new or reconditioned units as. FRU to Customer or Servicer, upon request and subject to availability. The FRU will be of similar kit and version, and will contain like boards and chips, as the Customer's malfunctioning Infrastructure. 2.3. Program FRU to original operating parameters based on templates provided by Customer as required in Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template wiII be used. 2.4. Properly package and ship Advanced Replacement FRU from 1D0's FRU inventory to Customer specified address. 2.4.1. During normal operating hours of Monday through Friday 7:g0am to 7:ggpm CST, excluding holidays, FRU will be sent next day air via Federal Express Priority Overnight or UPS Red, unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 2.4.2. When sending the Advanced Replacement FRU to Customer, provide a return air bill in order for Customerto return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU will become properly of IDO and the Customer will own the Advanced Replacement FRU. 2.4.3. When sending a Loaner FRU to Customer, IDO will not provide a. return-air bill for the malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the malfunctioning Infrastructure to IDO. IDO will repair and return the Customer's Infrastructure and will provide a return air bill for the customer to return IDO's Loaner FRU. 2.5. Provide repair return authorization number upon Customer request for Infrastructure that is not classified as an Advanced Replacement or Loaner FRU. 2.6. Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return. 2.7. Perform the following service on Motorola Infrastructure: 2.7. ] . Perform an operational check on the Infrastructure to determine the nature of the problem. 2.7.2. Replace malfunctioning FRU or Components. 2.7.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable 2.7.4. Perform a Box Unit Test on all serviced Infrastructure. page 1 of 3 MOT10~lOlA 2.7.5. Perform a System Test on select Infrastructure. 2.8. Provide the following service on select third party Infrastructure: 2.$.1. Perform pre-diagnostic and repair services to confirm Infrastructure malfunction and eliminate sending Infrastructure with no trouble found (NTFj to third party vendor for repair, when applicable. 2.8.2. Ship malfunctioning infrastructure to the original equipment manufachmer or #hird party vendor for repair service, when applicable. 2.8.3. Track Infrastructure sent to the original equipment manufacturer or third party vendor for service. 2.8.4. Perform apost-test after repair by Motorola, original equipment manufacturer, or third party vendor to confirm malfunctioning Infrastructure has been repaired and functions properly in a Motorola System configuration, when applicable. 2.4. Re-program repaired Infrastructure to original operating parameters based on templates provided by Customer as required by Section 3.5. If Customer template is not provided or is-not reasonably usable, a standard default template will be used. If [DO determines that the malfunctioning Infrastructure is due to a Software defect, 1D0 reserves the right to reload Infrastructure with a similar Software version. Enhancement Release(s), if needed, are subject to additional charges to be paid by Customer unless the Customer has a Motorola Software Subscription agreement. 2, i U. Properly package repaired infrastructure unless Customer's .malfunctioning FRU was exchanged with an IDO FRU. Motorola will return Customer's FRU(s) to 1D0's FRU inventory, upon completion of repair. 2.11. Ship repaired lnfrastructure to the Customer specified address- during normal operating hours set forth in 2.4.1. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO {next flight out). In such cases, Customer will be subject to shipping and handling charges. 3.0 Customer has the following responsibilities: 3.1. Contactor instruct Servicer to contact the Motorola System Support Center (SSC) and request an Advanced Replacement, ar Loaner FRU and a return authorization number (necessary for all non- .Advanced Replacement repairs) prior to shipping malfunctioning Infrastructure or third party Infrastructure named in the applicable attached Exhibit. 3.1.1. Provide made) description, model number, serial number, type of System and Firmware version, symptom of problem and address of site location for FRU or Infrastructure. 3.1.2. Indicate if Infr~tructure or third party Infrastructure being sent in for service was subjected to physical damage or lighfiing damage. 3.1.3. Follow Motorola instructions regarding inclusion or removal of Firmware and Software applications from ]nfrastructure being sent in for service. 3.1.4. Provide Customer purchase order number to secure payment for any costs described herein. 3.2 Pay for shipping of Advanced Replacement or Loaner FRU from IDO if Customer requested shipping outside of standard business hours or carrier programs set forth in section 2.4.1. 3.3 Within five (5) days of receipt of the Advanced Replacement FRU from CDO's FRU inventory, properly package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to IDO for evaluation and repair as set forth in 2.7. Customer must send the return air bill, referenced in 2.4.2 above back to IDO in order to ensure proper tracking of the returned Infrastructure. Customer will be subject to a replacement fee for malfunctioning Infrastructure not properly returned. For Infastructure and/or third party Infrastructure repairs that are not exchanged in advance, properly package ]nfrastructure and ship the malfunctioning FRU, at Customer's expense and risk of loss to Motorola. Customer is responsible for properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped Infastructure arrives un-damaged and in repairable candition_ Clearly print the return authorization number an the outside of the packaging. 3.4 I.f received, Customer must properly package and ship Loaner FRU back to IDO within five (5) days of receipt of Customer's repaired FRU. 3.5 Maintain templates of software/applications and Firmware for reloading of Infrastructure as set forth in Paragraph 2.3 and 2.9. 3.6 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair with Advanced Replacement services to Customer. page 2 of 3 IMQT1pRQLA 4.0 In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any- other underlying Agreement to which this SOW is attached, the fallowing items are excluded from Infrastructure Repair with Advanced Replacement: I . All Infrastructure aver seven (7) years from product cancellation date. 2. Physically damaged Infrastructure. 3. Third party F.iluipment not shipped by Motorola. 4. Consumable items including, but not limited to, batteries, connectors, cables, tonelink cartridges. 5. Test equipment. 6. Racks, furniture and cabinets. 7. Firmware and/or Software upgrades. page 3 of 3 ~rroroRotw 5martZone system Inclusions, Exclusions, Exceptions and Notes far Infrastructure Repair Infrastructure Exhibit Antenna Systems Excludes all Equipment such as bi-directional amplifiers, multicouplers, cpmbiners, tower to ream lifters, antennas; cables, towers, tower li tin , and transmission lines. Base Statioo(s and Re ate s Includes: uantar, uantro, Di ital MSF5000 and MTR2000 ONLY. Central Electronics Banks Includes Lo Recorder Interface and Network Hub Channel Banks Includes Premis s and'I'elco .Excludes Siemens Com arato s} Includes S c, Di 'tac, and Astrotac Com orators. Computer(s) Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Includes keyboards; mice and trackballs. Excludes laptop computers and all 286, 386,. 486 computers. Excludes defective. or phosphor-burned cathode ray tubes CRT(s) and burned-in flat anal dis Ia ima a retention. Consoles} Includes consoles (Centracom II, Centracom Gold Classic, Centracom Gold Elite) as part of complete communication System -ONLY. Includes headset jacks, dual footswitches, and ooseneck micro hones. Excludes Centracom I. Controller(s.) -Trunking Includes SmartNet [I prime and remote controllers. Excludes SSMT and SCMS controllers. Dictaphones and Recordmg Excludes all types and models. ui ment Di ital Interface Units Included Di 'tal Si olio Modems Included on modem rs-odeI availabili Di ital Voice Modems Included u on modem model availabili l:inbass .Switch Includes AEB, AIMI, IAMBI, AMB Management Terminals Includes computers (Pentium I, IC, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch Il. Excludes laptop corn uters and all 286, 386, 4$6 corn uters. MBEX(s) or NOVA [ntereonnect Included Microwave Equipment. Excluded from service agreement but may be repaired on an above contract, time and material basis. All E ui merit must be shi ed to IDO. Excludes an on-site services. Monitor(s) Includes all monitors cotmected to computers that directly interface with or control the communications System. Includes flat panel displays and touch screen monitors. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat anal dis la im a retention. Moscad Only NFM (Network Fault Management), as part of communication System only. Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be uoted se orate/ .Excludes Fire aiarmin .stems. Network Fault Maria ement Includes FuII Vision. Excludes NMC Primes Includes rioters that direct/ interface with the communications S .stem. RAS s Excludes RAS i 100, 1101 and ] 102 Receiver(s) Includes Quantar and MTR2000, ASTRO-~TAC Receivers. Simulcast Distribution Included Am lifie s Site Fre acne Standards Includes Rubidium,. GPS and Netclocks s stems sold with the Motorola S stem. Universal Simulcast Controller Included lnterfac s UPS Systems. Excluded from service agreements but may be repaired on an above contract, time and material basis. AU UPS Systems must be shipped to IDO for repair. Excludes any on-site services. Excludes all batteries. Zone Manager Excludes HP715/33, HP 71 SISO servers. Excludes x-terminals NDS I4C and NDS 17C Zone Controller{s) Includes console terminals. Excludes ALL Sun/IMP hard drives extent TLN3495A 0820 l GB drive. Excludes the following SUNIIMP CPUSET's: TLN3278B 0406, TLN3343A 0424 and TLN3278A 0181/03$9. MQ'TOROLA Sta#ement of Work Technical Support Service 1:0 Description of Services The Technical Support service provides centralized remote telephone support for technical issues that require a high level of communications systems expertise or troubleshooting on Equipment. The Motorola System Support Center's {SSC) Technical Support Operation is staffed with technologists who specialize in the diagnosis and resolution of system performance issues. Technical Support Service (i) does not include software upgrades that maybe required for issue resolution; and (ii) does not include Customer training (iii) is only available for those system types supported and approved by Technical Support Operations. Technical Support is applicable to the following system types: Astro 2S 6.x, SmartZone v2.0.3. and higher, SmartZonelOmniLink, E911, Private Data v2.0.3 and higher, SmartNet and Conventional Two- Way. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to. which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis of operation problems in.accordance with the response times set forth in the Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 2.2. Advise caller of procedure far determining any additional. requirements for issue characterization, Res#oration, including providing a (mown fix for issue resolution when available. 2.3. Attempt remote access to System for remote diagnostics, when possible. 2.4. Maintain communication with the Servicer or Customer in the field until close of the Case, as needed. 2.5. Coordinate technical resolutions with agreed upon third party vendor(s), as needed. 2.6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and product groups, as applicable. 2.7. Escalate the Case to -the appropriate party upon expiration of a Response time. 2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in ar remote access capability. 2.9. Determine, in its sole discretion, when a Case requires more than the Technical Support services described in this SOW and notify Customer of an alternative course of action. 3.0 Customer has the following responsibilities: 3.1. Provide Motorola with pre-defined information prior to Start Date necessary to complete Customer Support Plan. 3.1.1. Complete database and escalation procedure forms. 3.I.2. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.2. Contact the SSC in order to access the Technical Support Operation, provide name of oaller, name of Customer, System ID number, Service Agreement number, site(s) in questions,. and brief description of the problem. 3.3. Supply on-site presence when requested by System Support Center. 3.4. Validate issue resolution prior to close of the Case. TecFenrea! Support Service Approved.by Motorola Contracts and C~mplianee I2-19-(13 page 1 oft MO'!'~lRO~I 3.5. Allow Motorola remote access to the System by equipping the System with the necessary Connectivity. 3.b. Acknowledge that Cases will be handled in accordance with the times and priorities a defined in Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 3.7. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the'Technical Support servicc to Customer. Severity Definitions Table Severity. Level Problem Types Severity I Response is provided Continuously ^ Major System failure ^ 33°fo of System down ^ 33.°1° of Site channels down ^ Site Environment alarms (smoke, access, temp, AC power. ^ Th.is level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer's perspective. No Work-around or immediate solution is available. Severity 2 Response during Standard Business Day ^ Signifcant System Impairment not to exceed 33% ofsystem down System problems presently being monitored ^ This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system, product, or major non-critical features from a Customer's perspec#ive Severity 3 Response during. Standard Business Day ^ Internnittent system issues ^ Information questions ^ Upgradesfpreventativemaintenance ^ This level is mean# to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, tecommendations for product enhancements pr modifications, and Scheduled events such as reventative maintenance or roductls stem u rades. Remote Technical Support Response Times Table SEVERITY RESPONSE Seven 1 Within 1 Hour from recei t ofNotification, ContinuousI Seven 2 Within 4 Hours from recei t of Notification, Standard Business Da Seven 3 Within next Business Da. Standard Business Da Technical Support Service Approved by rLlotorala Contracts and Carnpliance 12-19-A3 page 1 of 2 ~rror~o~rota Statement of Work Local Radio Combo Package 1 A Description Local Radio Combo Package provides operational check and board level repair services for mobile, portable, twaway and mobile data. An operational check is an analysis of the Equipment to identify external or internal defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile controls heads, provided that they are required for normal operation of the two-way mobile and are included at the point of manufacture. Service is only included on Equipment specifically named in the applicable Agreement to which this Statement of Work is attached. Local Radio Combo Package excludes repairs to: optional accessories; iDEN accessories; iDEN mobile microphones; non-standard mobile microphones, mobile external speakers; optional ar additional cantroI heads, single and multiple unit portable chargers; batteries, mobile antennas; mobile power & antenna cables and power supplies. The following are excluded from Local Radio Camba service unless they are purchased as an option for an additional fee. The options are Or~Site, Radio Survey and Analysis, Portable Remote Speaker Microphones, Portable Antenna Replacements Mobile Remote Control Heads. The terms and conditions ofthis SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2A h~lotorola has the following responsibilities: 2.1 Service to be performed at the Servicer facility during Standard Business Days. 2.2 Perform an operational check on the Equipment to determine the nature of the problem. 2.3 RemovelreinstaU mobile or data Equipment fi,om/to Customer's vehicle as needed for additional servicing. 2.4 Test and Restore the Equipment to Motorola factory specifications. 2.5 Remove any dust, andlor foreign substances from the Equipment. 2.6 Reprogram Equipment necessary W return Equipment to original operating parameters based an the template in the Equipment, ifthe template information can be retrieved from the Equipment, or from a backup diskette provided by Customer containing the template information. if the Customer template is not provided or not reasonably usable, a generic template utilizing the latest Radio Service Software (RSS) version for that Equipment will be used. The Equipment will require additional programming by the Customer to Restore the original template. 2.7 Notify Customer upon completion of repair for pickup of Equipment. 3.0 Customer has the fallowing Responsibilities. 3. l Deliver and pick up Equipment tolfrom the Servicer facility. 3.2 Inform Servicer of description of problem for Equipment brought in for service. 3.3 Ifthe Equipment will not power up, or if desired, supply Servicer with a backup diskette with the Software template or programming in order to assist in returning the Equipment to original operating parameters. if applicable, record the current flashcode for each radio. 3.4 if Motorola must use a generic template to restore Equipment to operating condition, Customer is responsible for any Programming required to Restore Equipment to desired parameters. 3.5 Cooperate with Motorola and perform all acts that arc reasonable or necessary to enable Motorola to provide the Local Radio Combo Package service to Customer. Local Radio Combo Package Fage 1 of 1 Approved !ry Motorola Contracts cPr Compliance 04/30!04 "~°rowaw Statement of Work Local Radio Combo Package OnSite Option -Pick up & Delivery 1.0 Description of Service Equipment will be picked ug fram and delivered to the Customer's location, within a designated radius of the Servicer facility. Schedulepickups will be mutually agreed upon aad outlined in the Customer Support Plan. This Option covers Equipment that is specifically named in the applicable Agreement to which this Statement of Work is attached.. 2.0 Motorola has the following responsibilities: 2.l Use reasonable efforts w pickup and deliver Equipment per the mutually agreed upon Customer location, days of week, and preferred time. If a pick up/delivery cannot occur according to the preferred schedule, Customer wil! be contacted prior to the scheduled pick up/delivery, to arrange a mutually agreeable alternative date and/or time far pick up/delivery. 2.2 Generate service receipt and Ieave with Customer. 3.0 Customer hss the following responsibilities: 3.1 Designate mutually agreeable location for service pickup and delivery, days of week, and preferred time. 3.2 Provide problem description along with unit. MEMORANDUM TO: Mayor and City Commissioners FROM: CIty Manager DATE: July 30, 2008 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 RATIFICATIONS TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the Commission for ratifications to the Parking Management Advisory Board. BACKGROUND On July 26, 2008, the Community Redevelopment Agency reappointed Mr. Peter Arts as their alternate representative on the Parking Management Advisory Board. Secondly, the Chamber of Commerce reappointed Mr. David Cook as their regular representative on the Parking Management Advisory Board. The original term expiration date for Mr. Arts is July 1, 2008, and Mr. Cook's term ends on August 1, 2008; however staff recommends that the ratifications be made for terms ending on July 31, 2010 for both members to comply with the expiration date required in the City Code. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road AlA within the corporate limits of the City. A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. RECOMMENDATION RecommendCity Commission approves and ratifies the reappointment of Mr. Peter Arts, representative of the Community Redevelopment Agency and Mr. David Cook, representative of the Chamber of Commerce for terms ending July 31, 2010. PARKING MANAGEMENT ADVISORY BOARD 05/08 TERM MEMBERS CATEGORY EXPIRES 08 /31 /09 Charles Halberg P & Z Appt 08/20/07 Ratified 10/2/07 08/01 /08 David Cook Chamber of Appt 07/18/06 Commerce Ratified 08/15/06 07/01 /09 William Branning CRA Appt 07/26/07 Ratified 08/21/07 09 /30 /08 Peter Pem WARC Unexp Appt 05/10/06 Ratified 07/11/06 Reappt 09/13/06 Ratified 12/12/06 08 /01 /08 Herman Stevens DDA Unexp Appt 06/12/06 Ratified 07/11/06 Reappt 07/20/06 Ratified 09/05/06 01 /31 /10 Mark Denkler, Vice Qiair Atlantic Avenue Comdor Amt 02/21/06 Between Swinton Reappt 01/15/08 Avenue and the Intracoastal 01 /31 /10 Alan Komblau Atlantic Avenue Comdor Unexp Appt 01/03/08 BetwE`eTl SW1Tlton Avenue and Interstate 95 01 /31 /10 John Gergen Atlantic Avenue and unexp Amt 05/06/08 State Road AIA Comdors and lying E ast of the Intracoastal Waterwa 01 /31 /10 Cecelia Boone Old School Square Unexp Appt 03/21/06 H1Stor1C AY'fS Di<stnct Re t 01/15/08 01 /31 /09 Nancy Schneider Citizen at-Large Amt o1/02/07 01 /31 /09 Troy Wheat, QZair Citizen at-Large Appt 01/06/04 Unexp Reappt 01/04/05 Reappt 01/02/07 PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS 05/08 TERM MEMBERS CATEGORY EXPIRES 08 /31 /08 Joe Pike Appt 08/18/06 P & Z Ratified 10/3/06 08 /01 /08 Chamber of Commerce acant 07/01 /08 Peter Arts Appt 06/08/06 CRA Ratified 07/11/06 09 /30 /08 eginald Cox Unexp Appt 06/14/06 WARC Ratified 07/11/06 Reappt 09/13/06 Ratified 12/12/06 08 /01 /08 ran Marincola amt m/2o/o6 DDA Ratified 08/15/06 Contact: Scott Aronson -Parking Management Specialist 243-7196 Commission Liaison: Commissioner G ary E liopoulos MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 21, 2008 SUBJECT: AGENDA ITEM 8.0. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 RESOLUTION N0.30-08 ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required for the demolition of an unsafe structure located at 509 Curlew Road. BACKGROUND The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the property in the event the assessment remains unpaid. RECOMMENDATION Recommend approval of Resolution No. 30-08. RESOLUTION NO. 30-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has deternuned that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, descnbing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; irk must be begun within sixty (60) days and all work must be completed within such time as the Building Official deternunes, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and upon failure to file an appeal or to make the repairs required that the Building Official mould have the authority to have the building demolished from the date of the said notice; ancl, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; ancl, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; ancl, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.21 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; ancl, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, SE IT RESOLVED SY THE CITY CONMSSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of FOUR THOUSAND SEVEN HUNDRED THIRTYAND 00/100 as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.21 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of eight percent (8%) per annum, plus reasonable attorneys fees and other costs of collecting said sums. Section 4. That this resolution shall become effective immediately upon adoption and the assessment(s) contained herein shall become due and payable within thirty (30) days after the Res No. 30-08 mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight percent (8%) per annum plus reasonable attorneys fee and other costs of collection. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Seach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of eight (8%), and collection costs including a reasonable attorneys fee. PASSED AND ADOPTED in regular session on this day of 2008. MAYO R ATTEST: City Clerk This instrument was prepared by: Susan A. Ruby, City Attorney 200 N.W. 1S` Avenue Delray Beach, Florida 33444 Res No. 30-08 CITY OF DELRAY BEACH UNSAFE BUILDINGISTRUCTURE NOTICE OF ASSESSMENT TO: Thomas Del Flore and Juliana Del Flore ADDRESS: 509 Curlew Road, Delray Beach, FI 33444 PROPERTY: 509 Curlew, Delray Beach, FI 33444 LEGAL DESCRIPTION: Tropic Palms Plat No 1_Lt 264, ORB 09259, Page„1,fi58 in the Official Records of Palm Beach Coun Florida You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $4,730.00 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 20~, has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above- described property. You were given notice on 4113107 that the Chief Building Official had determined that abuilding/structure located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy the unsafe condition and the action would be initiated by the City if you failed to act. XXX You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to that the action as required by the order of the Board of Construction Appeal. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on .The Board of Construction upheld the decision of the Chief Building Official. U:unsafeassessment The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 5/$/200$ at a cost of $4,730.00, which includes aten-percent (10%) administrative fee. If you fail to pay this cast within thirty (30} days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF S% FROM THE DATE OF ASSESSMENT, COLLECTION COST, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISION City Clerk U:unsafeassessment 2 COSTS INCURRED PICTURES TITLE SEARCH 10.00 2oo.ao PLUMBER SEPTIC TANK RECORDING POSTAGE FOOL CONTRACTOR DEMOLITION BOARD UP 45.00 20.00 ._ . 3,875.00 INSPECTIONS 150.00 TOTAL LESS ADM. FEE 4 300.00 10% ADM. FEE 430.00 TOTAL COST LESS ADVERTISING ~ „,,,,4,730.00 ADVERTISING GRAND TOTAL $ 4,730.00 slenf/unsafe/costs Property Inturmatian Location Address: 509 CURLEW RD ~iB~~CIllElte Municipality: DELRAY BEACH Parcel Control Number: 12-43-46-29-02-000-2640 Subdivision: TROPIC PALMS PL 1 IN PB 25 PGS 99 TO 102 INC Official Records Book: 09259 Page; 1658 5aie Apr-1996 Date: Legal_Descrpt.o..n.: TROPIC PALMS PLAT NO 1 LT 264 Owner Information Name; DEL FLORE THOMAS ~ 3 Mailing Address: 7491 N FEDERAL HWY # C5215 BOCA RATON FL 33487 1625 - aeries anrormaz~an- Sales Date Bonk/Page Apr-1996 o9259J1658 ]an-1985 04455J_~,331 ]an-1981 0,3,440j1226 Price Sale_Type $84,500 WARRANTY DEED $100 WARRANTY DEED $74,000 WARRANTY DEED Owner DEL FLORE THOMAS I:XempTlOnS Exemption Information Unavailable. , ral.r~ra~aa~a Tax Year: Improvement Value: Land Value: Tatai Market Value: zoos zo..a.s. X005 5833 6416 5431 130 50 130 50 9fi 228 135 333 136 91fi 101 659 Property Information Number of Units: 1 *Total Square Feet: 1972 tJse_Cade: 0800 DesCriptinn: MULTIFAMILY [ 10 UNITS * in residential properties may indicate living area. Assessed and Taxa ble Values Tax Year: 200 2006 Assessed Value; 136 333 136 91 Exemption Amount: 0 Taxable Value: $136,333 5136.91 can ra~uca Tax Year: Ad Valorem: Nan Ad Valorem: Total Tax: ,..2....0.......0...7 200fi 2405 z 733 3 oas 2 372 186 182 155 2 919 3 191 2 527 Tax Cnilectnr WebSite NOTE: Lower the tap and bottom margins to d.25 on File-Page Setup menu option in the browser to print the MEMORANDUM TO: Mayor and City Commissioners FROM: Anthony W. Strianese, Chief of Police Sharon L'Herrou, Administrative Officer THROUGH: David T. Harden, City Manager DATE: July 25, 2008 SUBJECT: AGENDA ITEM 8.P. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 INTERLOCAL AGREEMENT/PALM BEACH COUNTY/MANATEE PROTECTION ITEM BEFORE COMMISSION The Delray Beach Police Department seeks approval to enter into an agreement with Palm Beach County for increased patrol of the waterways for manatee protection. Palm Beach County agrees to reimburse the Delray Beach Police Department for patrolling the waterways within our jurisdiction at an hourly rate of $82.50. Total anticipated award is $20,000. BACKGROUND This agreement is an extension of an agreement currently in place. It extends the agreement from November 15, 2008 through Apri130, 2011 and allows for an annual increase each Oct. 1st based on the Revised Consumer Price Index (but not to exceed 3%). All funding is provided on a reimbursement basis. RECOMMENDATION The Police Department recommends approval. ~• x~ ~. `i ~ 1 ~~ ~~ :[ 1 F ~r ~, ~ ~ :k ~~~, ~ . - '~ ;~_ L :flj_ R ~~ ~w _ ~ '. , xf. ~° ~~"~ ~~~~ 7 ~ !R~. -s . ^~. f ~~. _A ~5,r~!'` ~. ~,~ :,, ;fi i. ~ ~~.~~ MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director of Community Improvement Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: July 28, 2008 SUBJECT: AGENDA ITEM 8.Q. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 HOUSING REHABILITATION GRANT/CONTRACT AWARD ITEM BEFORE COMMISSION A request to approve an increased funding amount for housing rehabilitation project located at 712 SW 8~' Court. BACKGROUND On November 20, 2007, City Commission approved a request for one (1) Housing Rehabilitation grant and contract award in the total amount of $36,524.25. Upon completion of the project on April 11, 2008, total funds expended for the housing rehab portion totaled $35,995. Upon termite inspection, an additional $1,135 was expended to treat the home for sub-terrainian and dry wood termite infestation. Under the current City Commission approved Neighborhood Services "Procedures Manual," the maximum allowable cost for housing rehabilitation projects is $37,000. The total project cost including construction and termite treatment for 712 SW 8~' Court exceeded the $37,000 project limits. This request is to increase the funding amount approved for housing rehabilitation project located at 712 SW 8~' Court to $37,130. FUNDING SOURCE SHIP - 118.1924.554.49-20 RECOMMENDATION Staff recommends approval of an increased funding amount for housing rehabilitation project located at 712 SW 8~' Court. MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: July 29, 2008 SUBJECT: AGENDA ITEM 8.R. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 AMENDMENT N0.2 TO INTERLOCAL AGREEMENT/PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM ITEM BEFORE COMMISSION Amendment No. 2 to the Agreement creating the Palm Beach Workforce Development Consortium provides that the Consortium can now provide direct services, such as job training, based on changes in State Statute, where in the past the Consortium was required to contract out for these services. BACKGROUND In 1998, the Workforce Investment Act (WIA) was signed into law, ending the 15 year old Job Training Partnership Act and recognizing JobCenters or Regional Workforce Development/Investment Boards (RWB) as the way to provide publicly funded employment and training services. Under WIA the Local Elected Official (LEO), Palm Beach County Board of Commissioners, designates the Workforce Development Board. Workforce Alliance, Inc. was appointed by the County as the RWB for Palm Beach County, Florida. Over the past 10 years Palm BeachCounty acted as the LEO. In 2007 the LEO was changed from a single entity to a Consortium called The Palm Beach Workforce Development Consortium, consisting of the cities of Delray Beach, Palm BeachGardens, SouthBay and Palm BeachCounty. Under the terms of the Agreement, dated July 10, 2007, the City has a role in establishing and overseeing the workforce system and working with the other Consortium members in implementing and exercising oversight with respect to job training activities under the WIA. REVIEW BY OTHERS RECOMMENDATION Staff recommends approval. AMENDMENT 002 TO AGREEMENT R2007-1220 CREATING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM WITNESSETH: WHEREAS, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens; and South Bay, all of the State of Florida pursuant to the authority under Section 163.01, Florida Statutes, and each passing resolutions to tha# effect entered into an Interlocal Agreement Creating The Palm Beach Workforce Development Consortium. WHEREAS, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay, wish to revise the Interlocal Agreement incorporating language that was signed by Govemor Crist pursuant to Senate Bill 428 which authorizes the designation of a Regional Workforce Board as a One-Stop Operator and Direct Provider of certain services by agreement of the Chief Elected Official and the Governor. WHEREAS, the effective date of this Second Amendment shall be Juiy 22, 2008. NOW, THEREFORE, in consideration of the mutual covenant and agreement expressed herein, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay, hereby agree that the Interlocal Agreement Creating The Palm Beach Workforce Development Consortium is amended as follows: 1. Delete in its entirety "Article 6. CREATION OF ADMINISTRATIVE ENTITY" found on page 3 of the Agreement and replace with the below revised "Article 6. CREATION OF ADMINISTRATIVE ENTITY AND DIRECT PROVIDER OF SERVICES". 6. CREATION OF ADMINISTRATIVE ENTITY AND DIRECT PROVIDER OF SERVICES The Consortium, pursuant to Section 163.01(7} of the Florida Statutes and Senate Bill 428 will employ staff which comprise Workforce Alliance, Inc. as Administrative entity and the Direct Provider of Services to operate and implement workforce programs including One-Stop Direct Services and related programs in the Workforce Development Area (Region 21), 2. Ail other provisions of Agreement R2007-1220 Creating The Palm Beach Workforce Development Consortium and attachments thereto in conflict with .Amendment 002 shall be and are hereby changed to conform with Amendment 002. All other provisions of the Interlocal Agreement and attachments thereto not in conflict with Amendment 002 are still in effect and are to be performed as specified in the Interlocal Agreement. [The remainder of this page is intentionally left blank.] EXECUTION PAGE [Page 1 of 7] COUNTY OF PALM BEACH BY: DATE: ATTEST: Clerk CITY OF DELRAY BEACH BY: DATE: ATTEST: CITY OF PAhM BEACH GARDENS Corporation Secretary BY: Mayor DATE: ATTEST: CITY OF SOUTH BAY Mayor Corporation Secretary BY: Mayor DATE: ATTEST: Chair Corporation Secretary 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: July 29, 2008 SUBJECT: AGENDA ITEM 8.5. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 AMENDMENT NO. 1/MUNICIPAL GOLF CLUB AND LAKEVIEW MANAGEMENT AGREEMENT ITEM BEFORE COMMISSION Commission is requested to approve Amendment No. 1 for the Municipal Golf Club and Lakeview Golf Club management agreement dated October 1, 2004 between the City and BJCE, Inc., extending the contract to September 30, 2012. BACKGROUND A request to extend this contract four (4) years with no increase in the current base fee was reviewed with the City Commission at your July workshop. It was the consensus of Commission to approve the contract renewal. FUNDING SOURCE Funding is available in accounts 445-4111-575-34.90 and 446-4111-575.34.90. RECOMMENDATION Staff recommends approval of Amendment No. 1 for the Municipal Golf Club and Lakeview Golf Club management agreement with BJCE, Inc. for four (4) additional years with no increase in the base fee. AMENDMENT N0. 1 TO THE MUNICIPAL GOLF CLUB AND LAKEVIEW GOLF CLUB MANAGEMENT AGREEMENT DATED OCTOBER 1, 2Q04 THIS AMENDMENT NO. 1 to the Municipal Golf Club and Lakeview Golf Club Management Agreement is made this day of 2408, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation {the "City"}, and BJCE, INC., ("Company"}. WITNESSETH: WHEREAS, the City and Company currently have an Agreement for Management Services at the Municipa! Golf Club and Lakeview Golf Club that will expire on September 30, 2008, but allows for one 4 year renewal term; and, WHEREAS, the parties desire to amend the Agreement to provide for a revised expiration date and contract amount. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent that the above recitals are hereby incorporated as if fully set forth herein. 2. Term. Paragraph 4 of the Agreement is amended to reflect that this Agreement shall terminate on September 30, 2012. 3. Payment. Paragraph 6 of the Agreement is amended to reflect that the City shall pay Company Far the performance of work at a base monthly rate of $12,750.00, payable at the first of the month. 4. Designated Representative. Paragraph 11 of the Agreement is amended to reflect that Sharon Painter shall be Company's representative for this Agreement. 1 5. Effective Date of Amendment No. 1 to the Agreement. This Amendment shall not be effective until it is approved by the City Commission and signed by both of the parties with the effective date being October i, 2008. IN WITNESS WHEREOF, the parties hereto have cause this Amendment No. 1 to be duly executed this day of , 2008. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk By: Rita Ellis, Mayor Approved as to farm: City Attorney WITNESSES: BJCE,C., ~ Florida corporation By: r Name Printed ~ n ~ „, r Title: Goo Date Signed: ~ ~~,~ 24~, zoos 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: July 29, 2008 SUBJECT: AGENDA ITEM 8.T. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 AMENDMENT NO. 1/DELRAY BEACH MUNICIPAL TENNIS CENTER/ DELRAY SWIM AND TENNIS CLUB MANAGEMENT AGREEMENT ITEM BEFORE COMMISSION Commission is requested to approve Amendment No. 1 for the Delray Beach Municipal Tennis Center and Delray Swim and Tennis Club management agreement between the City and Dubin and Associates, Inc. dated October 1, 2004, extending the contract to September 30, 2012. BACKGROUND A request to extend this contract for four (4) years with no increase in the current base fee was reviewed with the City Commission at your July workshop. It was the consensus of Commission to approve the contract renewal. FUNDING SOURCE Funding is available in accounts 001-4210-575-34.90 and 001-4215-575.34.90. RECOMMENDATION Staff recommends approval of Amendment No. 1 for the Delray Beach Municipal Tennis Center and Delray Swim and Tennis Club management agreement with Dubin and Associates, Inc. for four (4) additional years with no increase in the base fee. AMENDMENT NO. l TO THE DELRAY BEACH MUNICIPAL TENNIS CENTER AND DELRAY SWIM AND TENNIS CLUB MANAGEMENT AGREEMENT DATED OCTOBER 1, 2004 THIS AMENDMENT NO. Ito the Delray Beach Municipal Tennis Center and Delray Swim and Tennis Club Management Agreement is made this day of 200$, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "City"}, and DUBIN & ASSOCIATES, INC., ("Dubin"}. WITNESSETH: WHEREAS, the City and Dubin currently have an Agreement for Management Services at the Delray Beach Municipal Tennis Center and the Delray Swirn and Tennis Club that will expire on September 30, 200$, but allows for one 4 year renewal term; and, WHEREAS, the parties desire to amend the Agreement to provide for a revised expiration date and contract amount. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitajs. The parties hereby represent that the above recitals are hereby incorporated as if fully set forth herein. 2. Term. Paragraph 4 of the Agreement is amended to reflect that this Agreement shall terminate on September 30, 2012. 3. Payment. Paragraph 6 of the Agreement is amended to reflect that the City shall pay Dubin for the performance of work at a base monthly rate of $3,916.G7, payable at the first of the month. 4. Designated Representative. Paragraph 11 of the Agreement is amended to reflect that Sharon Painter shall be Dubin's representative for this Agreement. i 5. Effective Date of Amendment No. ] to the A~areement. This Amendment shall not be effective until it is approved by the City Commission and signed by both of the parties with the effective date being October 1, 2008. IN WITNESS WHEREUF, the parties hereto have cause this Amendment No. 1 to be duly executed this day of , 2008. ATTEST: City Clerlt CITY OF DELRAY BEACH, FLORIDA By: Rita. Ellis, Mayor Approved as to form: City Attorney WITNESSES: DUBIN AND ASSOCIATES, INC., a Floridcorpp~ation By: ~ r~~ _ Name Printed ~n __r ~ v Title: ~E~ Date Signed: ui Z$, avo~ 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan Ruby, City Attorney DATE: July 15, 2008 SUBJECT: AGENDA ITEM 8.U. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 PARKING LICENSE AGREEMENT/THE AVENUE BAR & GRILL D/B/A 32 EAST ITEM BEFORE COMMISSION Parking License Agreement between the City of Delray Beach and The Avenue Bar & Grill d/b/a 32 East. BACKGROUND The attached agreement amends Paragraph 16, "Assignment", to provide that the agreement may be assigned with the express written consent of the City Manager so that we do not have to take the agreement to the Commission each time that the restaurant is under new ownership. It also combines the agreement entered into on April 1, 2007 with the Amendment No. 1 entered into on April 1, 2008 to provide for one concise, complete agreement. RECOMMENDATION The City Attorney's Office recommends City Commission approval. PAR~iING LICENSE AGREEMENT TffiS AGREEMENT ("The Agreement") is made this I s7 day of R/L , 2008, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "CITY"}, and THE AVENUE BAR & GRILL DBIA 32 EAST, a Florida corporation ("LICENSEE"). WITNESSETH: WHEREAS, LICENSEE has requested permission to use a certain :number of public parking spaces along Atlantic Avenue far valet parking queues;-and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non-exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other goad and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incoraoration of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Parking Queues. The CITY agrees to allow LICENSEE the non-exclusive use of 6 (six) parking spaces comprised of the 1st through &~' spaces on the south side of Atlantic Avenue west of SE 1s` Avenue for valet parking queues. The parking spaces are to be used for valet pazking queues daily between the hours of 5:00 p.m. to 2:00 a.m. an Monday through Sunday (7 days per week). LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion) and during the special events, the license will not be valid. It is also understood by tl~e terms of this Agreement that the valet queue location may from time to time be re-located by the CITY in its sole discretion after providing thirty (30) days' written. notice to LICENSEE. The LICENSEE and or the Valet shall not restrict the use of the Valet Queues to only persons using the LICENSEE'S business, but the valet queue shall be open to anyone wanting to use the valet service offered by LICENSEE. The City Manager, or his. designee{s), 5ha11 enforce the provisions of this Agreement, including. the location, time, days of the valet service, parking limitations and requirements, and compliance with all applicable laws and ordinances. When required by law, the enforcement shall be accomplished through personnel authorized by law to enforce the law. 3. Parking LocationslA~reements. LICENSEE agrees that LICENSEE and/or its employees will not park any cars in CITY owned on-street or off-street parking spaces unless LICENSEE has a separate agreement with the CITY to provide for such use. LICENSEE further agrees that LICENSEE will provide the CITY with current written assurances andfor a lease agreement for use of a private parking lot{s). The private Iot(s) .must also comply with minimum City codes for a parking lot(s). LICENSEE shall also provide the CITY with a copy of its current valet agreements, and a copy of its current insurance certificate as set forth in Exhibit "A". LICENSEE will ensure that the valet service is operated in a manner that will not result in cars stacking- on and/or blocking the travel ways of any alleyway, public street or parking lot. These assurances and agreements must be provided upon execution of this License Agreement when there is a change in any agreement referred to herein or upon the request of the CITY. Failure to comply with these conditions will be a basis far termination of this License Agreement. 4. Payment for Parkln~ Queue Saaces. LICENSEE agrees to pay the CITY Ninety Dollars ($90.00) per month, per parking queue space utilized, by the 10th of each month: A late fee of fve percent (5%) will be charged after this date. If more than one License Agreement is issued for the queues, the fee will be shared proportionately. 5. SiQriage. The CITY agrees to post the valet parking queue spaces with. valet parking times and days authorized. Sandwich board signs may not be used to advertise the valet service. Advertising signs will be allowed as prescribed by the City Manager or his designee. b. Valet Service; Valet Eaninment. The LICENSEE'S operator may, far the storage of keys, install a moveable, temporary, valet desk on the sidewalk,. either public ar private, during the hours of valet service so long as the desk does not impede the pedestrian flow. 7. Term and Renewal. The term of this Agreement shall be fox one (1) year firam the date written above. The License may be renewed by the City Manager following receipt of a written notice from LICENSEE that LICENSEE desires to continue using the parking spaces for valet parking queue, if the City Manager determines in his sole discretion that the renewal is in the best interest of the CITY. The City Manager may add additional provisions to this Agreement upon renewal,. including but not limited to, the requirement to use an off-duty police officer during the time and dates the City Manager deems advisable. 8. Revocable License. This .Agreement is only anon-exclusive License Agreement and may be revoked by the CITY at any time with or without cause during the initial term ar any renewals thereof upon providing written notice via U.S. Mail to LICENSEE. The revocation shall be effective when mailed. 9. Compliance with Laws. LICENSEE and his/her employees, agents, representatives andlor subcontractors agree to comply and adhere to all state. laws and local ordinances regarding traffic and parking. that exist or as amended from time to time. LICENSEE further acknowledges. that due to the high traff c in this area, double parking unattended vehicles will not be permitted. 10. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: David T. Harden, City Manager 1.00 N.W. 1st Avenue Delray Beach, Florida 33444 To LICENSEE: Ms. Barbara Straub The Avenue Bar & Grill dlb/al 32 East 32 East Atlantic Avenue Delray Beach, FL. 33444 11. Insurance. LICENSEE agrees to provide the CITY insurance for the valet service in the amounts and under the conditions prescribed in Exhibit "A", which shall at all times remain current. The City of Delray Beach shall be named an additional insured. 12. Indemnification. In consideration of the payment of Ten Dollars ($10.00),. receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold 3 harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason yr as a result of the use and occupancy of the parking spaceslqueues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from anal against any orders,. judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE. against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 13. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal represen#atives, and ,permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or Iiahility of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 14. Penalties for Violatiyns/Terminativn. Penalties will be imposed upon the LICENSEE for: (1} Valet parking of ears in either on-street or off-street public parking spaces; andlor (2} Valet parking of cars in the designated parking queues;. andlor (3} Expanding the designated parking queues area. The penalty schedule. for the- above violations is as follows: 1st violation - warning. 2nd violation - $200 3rd violation - $500 4th violation - Termination of License Agreement 4 Notices of violation will be written by a Police Department representative and will be sent to the LICENSEE with a copy to the City Manager. Failure to make payment within thirty (30) days of receipt of the notice will result in termination of the Agreement. LICENSEE acknowledges, however, notwithstanding the foregoing. that the CITY may terminate this non-exclusive License Agreement without cause or for cause. LICENSEE will at all times comply with the- CITY'S policylprocedure for use of public parking spaceslqueues which shall change from time to time subject to the sole discretion of the CITY. 15. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that may be imposed. 1 b. Assignment. This Agreement inay be assigned with the express written consent of the City Manager or his/her designee. 17. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do ail matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this Agreement. 1 S. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure. to the bereft of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 19. Entire Agreement. This Agreement shall constitute the entire agreement of the parties. with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 20. Amendments. This Agreement may not be amended, modif ed, altered, or charged in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 5 IN WITNESS WAEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this ATTEST: City Clerk Approved as to farm: City Attorney (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF C:2GGY, THE CITY OF DELRAY BEACH, a Florida municipal corporation By: Rita Ellis, Mayor By: ~r ~- GG..ec~'~-- Nam Pnn~f d: "' !~ ~ Title: ~i~,' ` 1 ~: ~ The foregoing instrument was acknowledged before me this r] day of S u ~ , 200$., by Tea r lo~+-~a ~' • S+ra ~ b , as p res,den ~- / ~ r,~ane~ (name of officer or agent, title of officer or agent), of The :4~e . 3ar ~ 6 r.I I ~~~ t- aS~ (name of corporation acknowledging),. a 3~ t = c~ S~~` (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally- known to me or has produced ~ [~ . Dt~ J~~r'S Li'Cer75~type o trficatio } as identification. •~ _.a~-1!!1l~u. _ ~`~ . ~t~yC4 Gly~~~~p~Y~yCn ~ ~ '~4 t ~~~i~'~"~demfite~..' ~P ~~~ ~~''%r ST~I ~`f` ~F F4~~~~`~ day of , 200$. Signature of Notary Public -State of Florida 6 EXHIBIT A INSURANCE REQUIREMENTS FORM 1. Workers' Compensation per the Statutory limits of the State of Florida to include .Employer's Liability Insurance with limits of at least $100,0001$500,0001$100,000: 2. Garage Liability Insurance of at least $1,600,D00 combined single limits per occurrence to protect the City against all .risks of injury to persons (including death} or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, productslcompleted operations. 3. Garage Keepers Insurance with limits of no less than $00,000 per auto,- with an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for ownedlnon-owned/hired automobiles connected with the business. 5. The Gity of Delray Beach and PRIVATE LOT OWNERS must be named as additional insured on the liability policies;. and it must be stated on the certificate. 5. Thirty (30) days written cancellation notice required. 7. Best's guide rating B+, VIII or better, latest edition. 7 Jul [31 08 1(l >i 51a UI~ ~ VERSFIL HLL Y HiVt;E CURP. 305 6.fifi~041 1 A_~C~RL?.~ CERYIFICAT'E OF LIABILITY INSURANCE F1C 7E IS iS8L1F. P S I nwf~tMlMw~l orrotrzooa PROaVQRR $cital# A17$Z T4118 CER'T1 A - -- --UPON THE CEl UNIVERSAL ALi..IANCE. CCRP_ (305) 686-~5/2 VlLWGE ~F p1iVECRES'r 8760 S.W. 98TH S7REEr MIAMI, FLOR~A33i56-~~'1 ~~~ sOCA PARKIIdC SYSTEM, IDiC. d710 N.W. 3R©AVt:NIlE BOCA RA741+f 3.3431-47:~ QhILY Ah1I>I CONFERS NO RIGHTS HOU?ER. 7H15. CEKTIFICRT'E DOE8 NOT ANEND E7CTf=ND OR ALTER THE COV'ERA4'E AFFORDED BY 'THE pOLiCIES BELOW. UYSUREFiS AFFDRDEi+iO C0IIERAGE r~augota CENT'tj>ZY SURETY INSURANCE COMPANY Ix~~ s~ FLORIDA RETA16 F~LIERATlON 3_I.F. iNSUier~tC. . COYERt1GES TF{C POLICIES QF lN~a1:1RAfVGE LIST>"d B7=lWV HAVE BEEN IS*UEp70 TF~ 1N$C1~D D A FOR THE PC))LICY INDICATED. ND'{W[~TAIdt11N0 ANY RF~UIREMENT, TETtM OR COi`IDITIQ+I OF ANY C.ONTI~ACY Q1t O'lTlf~ CoCl11~1EN'r WITH RESPECT Td WIYCH THIS CERTIFlGATE MAY QE [361,7ED QR MAY PFRTAIl3, Tl~E Il~itiR/1NC>`c AFP'QRDED BY T!~ POLICIES DESCRIBED t~}2E]N 1r Sc~dEGT Ta Afl.'M~ 7ERMrsi EXCLlJSl01+16 MID CONdTIONS OF SUCH POLICl6ti. AGGIRC-GATE LIM17S SH01NN MAY HAVty AEEN REDUCCD BY PAiD CLAI ~~~~ ~~,~ TfCir ., k19R ppt_it:yatuMpER {IApYB TYVE CF iNSU1iANCE 1,oaa,oDC•o4 ~ACW OGGI7ARk7Vtx: t oaiEn•~. t,+aeA.rcv NIL 05144/2008 05/042049 nRr oA~rA4}• t-y,r a~ t~f s A. 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I ST AVENUE i+011C! T~0 'i'E iWLG6rt MAIIACV TO TNT t.ePr, NYT pMLVg6+fOD054 91A1L iaELRAY [3EAGH, FL 39444 i ivwnorl oi: ua~u'i'Y of AMPt' ter uraorr tii5 n6 tsB aomrrs 4R A _ SCOTT ARONSON (9611249^71t~ ~" ~ ~oPlNOrursuR~w~cr io ACpRD CORPORATION 191F! MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director of Community Improvement Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: July 31, 2008 SUBJECT: AGENDA ITEM 8.V. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 LETTER OF AGREEMENT WITH THE ANTI-DEFAMATION LEAGUE (ADLI ITEM BEFORE COMMISSION Request to approve letter of agreement with the Anti-Defamation League (ADL) in order to proceed in funding the Diversity Map project. BACKGROUND The Zion Study Circle formed as a result of the City's R.A.C.E. Relations initiative in June 2006. While the formal facilitation of the group discontinued in September 2006, the members continue to meet to discuss R.A.C.E. Relations and implement various projects and initiatives. The Diversity Map project is a result of Zion Study Circle's meetings and vision. The map will be placed in the Delray Beach Public Library to visually illustrate and promote Delray Beach's rich cultural diversity. The Anti-Defamation League (ADL) has donated $5,000 to sponsor the project. The City will be the owner of the Map itself, which will be prominently displayed in the Public Library. This letter of agreement with the ADL will provide authorization for the ADL to display their logo on the Map in exchange for monetary sponsorship of the project. The City Attorney has reviewed the letter for legal sufficiency. RECOMMENDATION Staff recommends approval of a letter of agreement with the Anti-Defamation League in order to proceed in funding the Diversity Map project. Q~~QZABrtgA, ems` • ® ~~@GeR. m ~~ m 9 ~' Anti-Defianlafiion L,eague® ~~o~4jrFra~,'~~~°9 April 8, 2008 Ms. Lula Butler City of Delray Beach 140 NW 15L Avenue Delray Beach, FL 33444 Ilarrda piqu=e Re: A World of Diversity and City of Harmony Sarrq S.13erg Chair, Florida Region Dear Lula: Andrew ~.. ltosenlu~anz Florida Regional Director This reflects our understanding regarding the diversity map project (`Map Project") Linda .Zink Deputy Director, Florida Region exemplified. by the large wall map (the "Map") that the City of Delray Beach will be Director, Family Philanthrophy placing in a prominent location in the public library located at 100 W. Atlantic Avenue, Natio~sal Oll`ice Delray Beach, FL 33444. Through the proposed use of the Map in the Diversity Map Glen S. Levy National Chair Project, the Anti-Defamation League ("ADL"} and the City of Delray Beach endeavor to Abraham 13. Roanan National Director encourage the residents of Delray Beach to identify the cities anal countries that they and Ed ALsler AssistantNahonal Director, their families come from. The Diversity Map Project and the Map will visually evidence the Florida Region cultural diversity of the City of Delray Beach. ADL will contribute Five Thousand dollars ($5,000) to the Diversify Map Project. In consideration therefore, the City of Delray Beach will prominately display ADL's logo on the Map and on any promotional literature related to the Diversity Map Project and ADL shall have the right to approve the Map, the use of ADL's logo on the Map and all promotional material related to the Diversity Map Project before the Map and promotional material are imaliaed. Copies of the draft and final Map and promotional material should be sent to Marcie Shaughnessy, Education Director, ADL-Florida, 62l NW 53~ Street, Suite 450, Boca Raton, FL 33487 . One Fark Place 621 N.W. 53`d Street, Suite 450, Boca Ratan, FL 33487-8283 (56I) 988 - 2900; FAX {561) 989 - 0712 Broward (454) 938-8188; Miami/Dade (305-373-6306; (800) 924-0235 (S. Florida Only) Please visit our website at www.adl.org Permission for the nonexclusive right to use ADL's logo is granted on the further condition that the following credit line relating to ADL's logo, modified fr necessary to meet your editorial style, appears in every copy Panted: ADL's logo's used with permission froth Anti-Defamation League, ~~-`«~-.adl.ora. All rights reserved. if you have-any questions please feel free to contact Marcie Shaughnessy at 561-988- 2930 or via email at mshaughnessy@adl.org Again, thank you for your interest in our material. Sincerely ~~ ~~ Andrew L. Rosenkranz Regional Director ADL - .Florida Approved by the City of Delray Beach: Signature and Title Date Approved by the Anti-Defama 'on League C ~ ~.~ 08 ~~~~11 Signature and Title l l Date ~~55 o C~ a~1Z ~a'1~bh o~ ~ trt c ~~r C~-.,t~, ~~~r~tic,.~ o~~~~tr MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: July 29, 2008 SUBJECT: AGENDA ITEM 8.W. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 SPECIAL EVENT REQUEST/14TH ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 14d' Annual Downtown Delray Beach Craft Festival to be held on October 11 - 12, 2008 from 10:00 a.m. until 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use of NE 2nd Avenue from the alley just north of Atlantic Avenue to approximately 400 feet north of NE 3rd Street, to utilize City Hall parking lot for vendor parking, to authorize staff support for traffic control and security. BACKGROUND Attached is a request and permit application from Howard Alan Events, Ltd. for this event. Part of the proceeds will shared with the Downtown Marketing Cooperative. The City is requested to provide police traffic control and security for this event. In addition, a Fire Inspector will be required. The event sponsor will provide vendor approval, event management, site clean up, port-o-lets, event signage and barricading. We will work with sponsor to try to reduce City costs through the use of private security for night time shifts. The estimated cost for overtime is $4,715. The budget for this event and site plan is attached. Signage per LDR's Section 4.6.7(F)(3)(f) can be installed 14 days prior to the event and must be under 20 square feet. Per event policies and procedures, the event sponsor will pay all City costs. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for street closure and use of City Hall parking lot, approval of staff support for police traffic control and security, and Fire Inspector with the sponsor paying all overtime costs. This is conditional on the receipt of an executed Hold Harmless Agreement and Certificate of Liability Insurance. City of Delray Beach Special Event Permit R€~~l~~D Application J U ~ ~ 4 1005 PLEASE TYPE OR PRINK s~~v cis ~v~ OELRAY BEACH ~ I P A 1993 2~fl1 Event Name/Title: 14th Annual Downtown Delray Beach Craft Festival Event Date{s}: October 1 1-1 2 2408 Times: Saturday and Sunday 1 OAM-5PM Event Sponsor/Producer: Downtown Marketing Cooperative Event Contact/Coordinator: Howard Alan Events /American Craft Endeavors Name: Howard Alan Address: 9695 W. Broward Blvd Plantation, FL 33324 Telephone Number: 954.472.3755 Cellular Number: 954-b61-8385 E-mail Address: info@artfestival.com Event Description/Purpose: Outdoor craft festival Annual, cultural and cammunit atherin o portunit Brief History of Event (If applicable): This is the 14th ear this festival has been servin this community Planned Activities (Outline of activitieslnumber of activities, i.e. entertainment, children's rides, games, other programs): Varied crafters exhibitin and sellin their hand-made items Number of Individuals Served Previous Year (if applicable}: 4200 Describe the targeted population and expected attendance: expected 4500 Local residents are tar eted o ulation. ~r~ Describe how the program or project addresses community needs: Providin a free festival with artists ran in in mediums from 'ewerl to scul tune Acts as a communit cultural and civic event. Describe your Marketing/Promotions Program (How will you market/promote, i.e. TV, radio, posters, flyers, web sites, other): We will advertise in newspapers, online presence, local television stations, word of mouth and flyers Sponsor Category (please check) City ^ Non-Profit/Charitable rg Private Co-Sponsor -Non-Proftt/Private ~ (If Non profit attach proof of 501 c(3), c(4), c(6)', C(IO), or c(19) ar (d) Event Location {Describe area boundaries of event/location): NE 2nd Ave from the alle wa north of Atlantic Avenue to about 400 foot north of Niw 3rd Street in Pinapple grove. „_.. Site plan attached: yes X no (Site plan required for entire event site. Include locations of tents, stage, portalts, dumpsters, portable lighting, and barricade location if applicable.) Rental of Qld School Square: yes no X (If yes, attach proof of approval) Private Property Use: yes no X (If yes, attach letter giving authorization from property owner) Event budget attached: yes X no (Required for add events) Previous year Revenue/Expense summary attached: yes x no (Required for all events} Do you have cash sponsors for the event: yes no X (Indicated on budget) Do you have inkind sponsors fvr the event: yes x no (Indicated on budget) C:1Documents and settingslLisilDesktoplspecial Invent Permit Application FINAL 9.5.D7.doc Serving or selling alcoholic beverages: yes no X (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes no_~ (Required twa (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: yes no X (Waiver required) Will there be entertainment: yes no X (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes x no (traffic control/security} Will supplement with private security: yes no X (If yes, need plan attached) Requesting Emergency Medical assistance: yes no X Requesting barricade assistance: yes ~ no (If no, haw are you handling?} Requesting trash removaUclean up assistance: yes no X {Will be billed to sponsor) Requesting trash boxeslcontainers and liners: yes no X Requesting stage use: yes no X (If yes, check type) Large stage {14' x 36'} ^ Small stage (1fi' x Z1'} ^ Half small stage (8' x 21'} ^ Requesting signage: yes X no Type: 4'x4'Event sign X Parking Signs Banner hanging Indicate dates required (Waiver required if more than ane (1) week prior to event) Requesting City Portable Generator: yes no X (If yes; size & power) Food and beverage vendors: yes X no If yes, approximate number 5-6 applying for permit (Health Department approval required) yes applying now no C:1Dacuments and SettingslLisilDesktoplSpecial Event Permit Application FCNAL 9.6.07.doc Other vendors: yes X no x (indicate type) __ A-rt~4a ~- 't~ai#5 Flame retardant canopies yeS x If yes, How many 100 What size ar size required (If yes, tent permits and fare 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: (Show an-site map) yes, no x Will there be a charge for the event: yes no 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) Will there be cooking with compressed gas: yes no x (If yes, contact Fire Marshal far inspections) Will you be providing port-a-lets for the event: yes x no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Is reserved parking requested: yes no x (If yes, indicate locations and purpose for use) Event Permit Attachments: x RevenuelExpense Budget x Revenue/Expense Recap Last Years Event x Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status x General Liability Insurance Certificate +w,arderea~7 Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner x Hold Harmless Agreement Submittal Date Requirements: • 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 no 10'x 10' C:1Documents and SettingslLisilDesktoplspecial Event Permit Application FINAL 9.6.07.doc Event tractor/Coordinator Date Plea pr>tnt: Howard Alan Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. lst Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only ~. Date Received ~ / i/~~ Application fee received $ f.~ ,,,, C:1Documcnts and SettingslLisilDesktoplSpecial Event Permit Application FfNAL 9,6.07.doc American Craft Endeavors 14th Annual Downtown Delra Beach Craft Fest ival October 11 & 12, 2008 PROPOSED BUDGET FOR O ctober 2008 Income Number of Crafters 115 Crafter Revenue $20,125 Number of Food Vendors 2 Food Vendor Revenue $900.00 Total Revenue 521,025.00 EXPENSES Advertisin Boca Raton News Ex ense $1,575.00 Palm Beach Post Ex ense $2,350.18 South Florida News a er Ex ense $680.00 Sun Sentinel Ex ense $3,700.00 Advertisin SubTotal $8,315.18 Services Permit Palm Beach Count Health Ex ense $25.00 Si na a AA Si n Lines Ex ense X575.00 Sanitation - Portolets Able Sanitation Ex ense $572.50 Sanitation - Dum sters Southern Waste Ex ense $752.69 Sanitation Tents 4 Events Ex ense X425.00 Barricades Bob's Barricades Ex ense 5350.00 Securi Cit Of Deira Beach Ex ense $1,100.00 Rentals Tents 4 Events Ex ense 5400.00 Gra hics for advertisin Ex ense Ex ense $75.00 Pa oll Hela ne Stiliin s ~ Staff Ex ense $1,750.00 Rental Pro a Delra Joint Venture Ex ense $2,000.00 Lod in sand meals, travel Ex ense $400.00 Two Million Dollar iiabili ins oiic Ex ense $650.00 Administrative Overhead tale hone, mailin s,etc Ex ense $1,100.00 Service SubTotal 510,175.19 Total Expenses $18,490.37 Show Profit $2,534.63 American Craft Endeavors 13th Annual Downtown Delta Beach Craft Fest ival September 22 & 23, 2007 PROPOSED BUDGET FOR S eptember 2007 Income Number of Crafters 120 Crafter Revenue $18,500 Number of Faod Vendors 3 Food Vendor Revenue $1,049.40 Total Revenue $19,549.40 EXPENSES Advertisin Boca Raton News Ex ense $708.50 Pairs Beach Post Ex ense $2,557.12 South Florida News a er Ex ense $325.00 Sun Sentinel Ex ense $2,544.80 Advertisin SubTotal $6,129.42 Services Permit Palm Beach Coun Health Ex ense $25.00 Si na a AA Si n Lines Ex ense $600.00 Sanitation - Portolets Able Sanitation Ex ense $503.50 Sanitation - Dum stets Southern Waste Ex ense $74fi.3G Sanitation Tents 4 Events Ex ense $425.00 Barricades Bob's Barricades Ex ense $350.00 Securi Ci Of Delta Beach Ex ense $7,059.08 Rentals Tents 4 Events Ex ense $400.00 Gra hics for advertisin Ex ense Ex ense $75.00 Pa roll Hela ne Stillin s & Staff Ex ense $1,877.80 Rental Pro a Delta Joint Venture Ex ense $2,000.00 Lod in sand meals, travel Ex ense $400.00 Twa Million Dollar liabili ins olic Ex ense $850.00 Administrative Overhead tele hone, mailin s,etc Ex ense $1,700.00 Service SubTotal $10,011.74 Total Expenses $18,741.16 Show Profit $3,408.24 i ~1~L~tiTi tC. ~~~~. '~ '"t"~ ___ _ ~ 7~;XXXxxXXX ~~ ~ ~' P~ ~c ;, ~ ii ^ i 1~{` ^ i ' ~"~ ~ ^ ~-~ ^ ~„~-o ~Y..~ t ~~ b ,~~ i ~ ^ ~~~ i ~ ^ ~ _, s 1E$9Et+Y~~1~ ~ + i 1 t .~ ~.l ~` ~ i ~~ ~ -~ ~~~~ ^ ^ ^ ^ ^ ^ ^ ~ ~ 1 : ,~ . ~ ~~aG ~" ^ ~~,,G ~ ~ * .~ i ~ .$ ~ ,~ ; ^ .• r €L ~ ~ i t: F ~ . ~~ , ~_ ~ ~- ~~=~ ~~i~~~~e S-tc~~~ oP-~-' _i xxxxxxx ~_r~ e ~. ~ ~ ^ ~ .. .µ ~ ~~~ • : W.P~-~ p1 c~ ^ ~ P~~~ ^ ~-~~ ' ^ '~ ^ .. i ~~ ^ ~ ^ , ~.~-~eet ~pc~ . ~ ~ ^ ~ ~~ -_ C ~ i ~ a L ~~ - ' ~ ~ ., ~ ~ ~,' .. a _ ~w r • ~ Fi ~ ~~ ~~Doz~s ~ ~~DD ~ ~ C:F' ~~~-~E~~ ~~ le l ~2z ~ ~ ~~ L~~c Pert-4- Let ~~~s~ ~w~,~ e w + ~~WBt'YQD~1 • • k ' . ~~"".M+rt~ is ~1 ~, _.-~.._ ~. •~ ~, ~ ,.....,~.`.,e.~. r.~ ~... ~ !. 3 ~_ .I ~ ~S,~r~~ ~tvCZ S' ~~~~ ~~~ Tlitrn netar MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: July 29, 2008 SUBJECT: AGENDA ITEM 8.X -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 SPECIAL EVENT REQUEST/9TH ANNUAL DOWNTOWN DELRAY THANKSGIVING WEEKEND ART FEST ITEM BEFORE COMMISSION City Commission is requested to endorse the 9tr' Annual Downtown Delray Beach Thanksgiving Weekend Art Festival to be held on November 29 - 30, 2008 from 10:00 a.m. until 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use of NE 2nd Avenue from the alley just north of Atlantic Avenue to approximately 400 feet north of NE 3rd Street, to utilize City Hall parking lot for vendor parking, to authorize staff support for traffic control and security. BACKGROUND Attached is a request and permit application from Howard Alan Events, Ltd. for this event. Part of the proceeds will shared with the Downtown Marketing Cooperative. The City is requested to provide police traffic control and security for this event. In addition, a Fire Inspector will be required. The event sponsor will provide vendor approval, event management, site clean up, port-o-lets, event signage and barricading. We will work with sponsor to try to reduce City costs through the use of private security for night time shifts. The estimated cost for overtime is $4,715. The budget for this event and site plan is attached. Signage per LDR's Section 4.6.7(F)(3)(f) can be installed 14 days prior to the event and must be under 20 square feet. Per event policies and procedures, the event sponsor will pay all City costs. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for street closure and use of City Hall parking lot, approval of staff support for police traffic control and security, and Fire Inspector with the sponsor paying all overtime costs. This is conditional on the receipt of an executed Hold Harmless Agreement and Certificate of Liability Insurance. City of Delray Beach Special Event Permit Application PLEASE TYPE OR PRIN DELRAY BEACH JUG ~ "' ~ zoos ~ AD s~ ~sT~arrv~ ~vr~~s ~. T 1993 2001 Event Name/Title: 9th Annual Downtown Delra Beach Thanks ivin Weekend Art Fest Event Dates}: November 29 & 30, 2008 Times: Saturday and Sunday 10AM-5PM Event Sponsor/Producer: Downtown Marketing Cooperative Event ContactJCoordinator: Howard Alan Events /American Craft Endeavors Name: Howard Alan Address: 9695 W. Broward Blvd Plantation, FL 33324 Telephone Number: 954.472.3755 Cellular Number: 954-661-83$5 E-mail Address: info@artfestival.com Event Descriptian/Purpose: Outdoor craft festival Annual, cultural and community gathering opportunity Brief History of Event (If applicable): This is the 9th year this festival has been serving this community Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs}: Varied crafters exhibiting and_selling their hand-made items Number of Individuals Served Previous Year (if applicable}: 4500 Describe the targeted population and expected attendance: expected 4700 Local residents are tar eted o ulation. Describe how the program or project addresses community needs: Providing a free festival with artists ranging in mediums from jewerly to sculpture Acts as a communit I ral and civic event. Describe your Marketing/Promotions Program (How will you market/promote, i.e. TV, radio, posters, flyers, web sites, other): We will advertise in newspapers, online presence, local television stations, word of mouth and flyers Sponsor Category (please check} City ^ Non-Proftt/Charitable ~ Private Co-Sponsor -Non-Profit/Private ^ (If Non profU attach proof of 501c(3), c(4), c(t3), C(10), or c(19) ar (d) Event Location {Describe area boundaries of event/location): NE 2nd Ave from the a_Iley way, north of Atlantic Avenue to about 400 foot north of NE 3rd Street in Pina le rove. ~~ ~ ~~~~~ Site plan attached: yes X no (Site plan required for entire event site. Include locations of tents, stage, portalts, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no X (If yes, attach proof of approval) Private Property Use: yes no X (if yes, attach letter giving authorization from property owner) Event budget attached: yes X no. (Required for all events) Previous year Revenue/Expense summary attached: yes X no (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 X no (Indicated on budget) C:IDocuments and settingslLisilI]esktoplspecial Event Permit Application FINAL 9.6.07.doc Serving or selling alcoholic beverages: yes no X (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 t1o X Will there be entertainment: yes no X (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes X no (traffic control/security} Will supplement with private security: yes no x (If yes, need plan attached) Requesting Emergency Medical assistance: yes no x Requesting barricade assistance: yes x no {If no, how are you handling?) Requesting trash removaUclean up assistance: yes no X (Will be billed to sponsor) Requesting trash boxes/containers and liners: yes no X Requesting stage use: yes no X (If yes, check type) Large stage {14' x 3G') ^ Small stage {16' x 21') ^ Half small stage {8' x 21') ^ Requesting signage: yes X no Type; 4'x4'Event sign X Parking Signs Banner hanging. Indicate dates required (Waiver required if more than one (1) week prior to event) Requesting City Portable Generator: yes no X {If yes, size & power) Food and beverage vendors: yes x no If yes, approximate number 5-6 applying for permit {Health Department approval required) yes apalYng now no C:1Documents and settingslLisilDesktoplspecial Event Pcrtnik Application FINAL 4.6.07.doc Other vendors: yes ~ no ~~ (Indicate type) a Cwt ~. 5 Flame retardant canopies yeS x no If yes, How many 100 What size or size required 10' x 10' (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 no x (Show on-site map) Will there be a charge for the event: yes no 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) Will there be cooking with compressed gas: yes no x (If yes, contact Fire Marshal for inspections) Will you be providing port-a-lets for the event: yes x no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Is reserved parking requested: yes no x (If yes, indicate locations and purpose for use) Event Permit Attachments: x Revenue/Expense Budget x Revenue/Expense Recap Last Years Event x Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non-Profit Status x General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner x Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 1 ZO days prior to event • Neighborhood Biack Party 30 days prior to event C:IDocumcnts and SettingslLisilDesktoplspeciai Event Permit Application FINAL 9.6.07.doc E Contractor/Coordinator print• Howard Alan ~ ~/~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1St Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Ondy G ~ ~, 1~ Date Received 7 /~/~ Application fee received ~_ ~~ C:1Documents and SettingslLisilDesktoplSpecial Event Permit Application FINAL 9.6.t17.doc Howard Alan Events 9th Annual Downtown Delray Beach Thanksgiving Weekend Art Festival November 29 $ 30, 2008 PROPOSED BUDGET FOR November 200$ INCOME: Artist Revenue $81,000 Food Vendor Revenue $2,500 Total Revenue $83,500 EXPENSES: Advertisin Boca Raton News Ex ease $850.00 Palm Beach Post Ex ense $4,850.00 South Florida News a er Ex ense $710.00 Sun Sentinel Ex ense $8,500A0 WPEC CHANNEL 12 Ex ense $7,500.00 Advertisin SubTotal $22,410.00 Services Permit Palm Beach Count Health Ex ense $25.00 Si na a AA Si n Lines Ex ense $875.00 Sanitation Able Sanitation- ortoiets Ex ense $715.00 Sanitation - 2 30 d dum sters Southern Waste S st. -dum star Ex ense $1,275.00 Sanitation Tents 4 Events Ex ense $2,100.00 Barricades Roadside Tra#fic Safet Ex ense $750.00 Ci of Delra , OR barricade set u Ci Of Delra Beach Ex ense $325.00 Securi Ci Of Delra Beach Ex ense $3,983.00 Rentals Tents 4 Events Ex ense $1,400.00 Gra hics for advertisin Ex ense Ex ense $125.00 Pa roll Staff Ex ense $1,450.00 Rental Pro ert Delra Joint Venture Ex ense $15,000.00 Lod in sand meals, travel Ex ense $650.00 Media Related Ex eases Ex ense $1,208.00 Two Million Dollar liabilit ins polio Ex ense $425.00 Administrative Overhead tele hone, mailin s,etc Ex ense $1,100.00 Entertainment $2,750.00 Misc. ex ense $900.00 Service SubTotal $35,056.00 Total Expenses $57,466.00 Show Profit $fi,034.00 Howard Akan Events 8th Annual Downtown Delray Thanksgiving Weekend Art Festival Novemb®r 24 ~ 25, 2007 PROPOSED BUDGET FOR November 2007 INCOME: Artist Revenue $64,125 Food Vendor Revenue $3,900 Total Revenue $68,025 EXPENSES: Advertisin Boca Raton News Ex ense $708.50 Palm Beach Post Ex ense $2,543.57 South Florida News a er Ex ense $715.00 Sun Sentinel Ex ense $8,274.90 WPEC CHANNEL 12 Ex ense $7,500.00 Sun Sentinel Charities Ad Pro ram Ex ense $2,500.00 Advertisin SubTotai $22,241.57 Services Permit Palm Beach Coun Health Ex ense $25.00 Si na a AA Si n Lines Ex ense $942.72 Sanitation Able Sanitation- ortolets Ex ense $571.00 Sanitation - 2 30 d dum sters Southern Waste 5 st. -dum ster Ex ense $950.00 Sanitation Pro Fest Ex ense $2,100.00 Barricades Bob's Barricades Ex ense $515.00 Ci of Delra , OR barricade set u Ci Of Delra Beach Ex ense $325.00 Securi Ci Of Delra Beach Ex ense $3,983.00 Rentals Pro Fest Ex ense $1,400.00 Gra hits for Advertisin Ex ense Ex ense $125.00 Pa roll Staff Ex ense $1,200.00 Rental Pro a Delra Joint Venture Ex ense $15,000.00 Lod in sand meals, travel Ex ense $650.00 Media Related Ex enses Ex ense $7,208.00 Two Million Dollar liabili ins olic Ex ense $425.00 Administrative Overhead tele hone, mailin s,etc Ex ense $7,100.00 Entertainment $3,000.00 Misc. ex ense $900.00 Service SubTotal $34,519.72 Total Expenses $56,767.69 Show Profit ~ $11,263.31 i A d ~i k ~ ~ i `~R~~'.J v ~~~ ~' XXXXXXXXX ' ~t ./ ~'"""`~ ^ ^ ~~,~ ~ ~ ~~~ ~ ~~• ~ • ~~ ^ ^ ~~ ~} ^ • ^ ~ _~ 0 1lesar+roo8lnap a + r i .~ ~~~'~ . i r+•~ ^ ^ ~ ~ ^ ^ ^ k~~ ~ ~ ^ ] Err ~ ,p E L ~~ ^ i ~ .~ ^ ~ ~ .p .~ , ^ ^ €~ t . ^ ... F ~ ^ ~r~ ~ ~ ~ ~- ~~Sfi ~•J~n~~~ r ~ ~. ~~~ can 5 ~~ ~V~~-C.1 " . ~- ~ p~~~ y~ ~ ~ -- .i _ r ~ 9 ~ ~' trt . . ~ ~~ k k yX X S~c~~'~C ~ ~e~ -~ ~ VL~,~i~~ X '~ ri-~ns ~ ~ t 0~ ~9..~f'+c.~ l`~ ~ 4 C7 ~ Cam' ~'~ )e it~~~t ~ l ~'i ~. RYe1 ~ ~J `~~ ~~ Part-O- Let ~!'cs~ cSW~}~` ~~ 1lessrvfl0~ I~ a s ~ ~ ~... f t N~ 3~~ -- ~,~~ k J ~~ ~~~-{~~ ~~O S ;~ _ M~~~' ~c~ I7i~mnctwr MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: July 30, 2008 SUBJECT: AGENDA ITEM 8.Y. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of July 14, 2008 through August 1, 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 Planning and Zoning Board -Meetin o~y 14, 2008 No appealable items were considered by the Planning and Zoning Board. The following item which was considered by the Board was forwarded to the City Commission for action. - Recommended (4 to 0, Joseph Pike, Francisco Perez-Azua and Cary Glickstein absent) approval of the transmittal of Comprehensive Plan Amendment 2008-1. Planning and Zoning Board -Meetin of~July 21, 2008 - Approved (4 to 0, Joseph Pike, Cary Glickstein and Francisco Perez-Azua absent), a request for a determination of similarity of use to allow instructional fitness training within the Service Industry category of the PCC (Planned Commercial Center) zone district. No other appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action. - Recommended approval with conditions (4 to 0), of an abandonment of a 0.09 acre (20' x 200') rectangular shaped portion of N.E. Gtr' Avenue (Northbound Federal Highway) in conjunction with a CVS Pharmacy development and associated retail space, lying at the northwest corner of N.E. 7~' Street and N.E. 6~' Avenue. - Recommended approval with conditions (4 to 0), of a conditional use request to expand the church campus to incorporate the conversion of a two-story duplex residence tinto a facility with eight meeting rooms for the Church of God of Delray Beach, located at the 410 SW 2nd Street. - Recommended approval (4 to 0), of a City initiated amendment to the Land Development Regulations Section 4.5.9 "The Southwest Neighborhood Overlay District", and Section 4.7.1(p) "Southwest Neighborhood Overlay District," to modify the description and provide for the expansion of the Southwest Neighborhood Overlay District. - Tabled (4 to 0), the City initiated amendment to the Land Development Regulations Section 4.7 "Family/Workforce Housing" and adding a new Subsection 4.7.9"O" to allow non-eligible occupants to occupy workforce housing units under certain conditions. - Recommended approval (4 to 0), of a City initiated amendment to the Land Development Regulations Appendix "A", Definitions to provide consistency with the regulation pertaining to "Tree Trust Fund". - Recommended approval (4 to 0), of a City initiated amendment to the Land Development Regulations Section 1.3.8 "Reconstruction Necessitated by an Act of God" to provide for the ability to rebuild in the event of an act of God. - Recommended approval (4 to 0), of a City initiated amendment to the Land Development Regulations Section 4.6.7(H)(10) Sub Subsection "Temporary Signs" to clarify that temporary non-commercial signs placed on the public right-of-way contiguous to private property require the adjacent property owner's permission. Site Plan Review and Appearance Board -Meetin of~July 23, 2008 A. Approved with conditions (4 to 0, Connor Lynch abstained, Mark Gregory and Frances Bennett absent), a Class I site plan modification associated with the installation of awnings for Maroone Dodge, located at the northwest corner of NE 6th Avenue and NE 7th Street (700 & 707 NE 6th Avenue) B. Approved (4 to 1, Connor Lynch dissenting), a Class I site plan modification associated with the installation of awnings for Vic and Angelo's, located on the south side of East Atlantic Avenue, east of SE 2nd Avenue (290 East Atlantic Avenue). C. Approved with conditions (5 to 0), a Class II site plan modification and landscape plan associated with the construction of a 12-space paved parking lot, relocation of an outdoor display and storage area and installation of associated dumpster and landscaping for URDL'S Waterfall Creations, located on the west side of Congress Avenue, north of West Atlantic Avenue (1479 Congress Avenue). Historic Preservation Board -Meetin of~July 16, 2008 1. Approved (4 to 0, Roger Cope and Jan Kucera absent), a request for a Certificate of Appropriateness and Ad Valorem Tax Exemption Application, Part 1, associated with alterations on a contributing property located at 125 South Swinton Avenue. 2. Tabled with direction (4 to 0), a request for a Certificate of Appropriateness associated with as- built windows and door alterations for contributing structure located at 118 Dixie Boulevard. The Board requested that the applicant provide additional details regarding the original configuration of the entry on the front elevation and for the arched windows on the side elevation; that the muntins utilized for the windows be dimensional; replace the wood trim that originally existed with the same details such as width, profile; provide photographic documentation of the original windows and doors; and, clarify the differences between the existing windows and doors and the provided specifications. RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map N SPRAB HPB A. MAROONE DODGE 1. 125 S. SWINTON AVENUE 8. VIC AND ANGELO'S 2. 118 DI~CIE BOULEVARD C. URDL'S WATERFALL CREATIONS ~~~~~~~~~~ CITY LIMITS ~~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT AUGUST 2008 MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\8-5-08 --DIGIraLeaseMaPSVSrE~U-- MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: July 24, 2008 SUBJECT: AGENDA ITEM 8.Z.1 -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 BID AWARD/BSA CORPORATION ITEM BEFORE COMMISSION Commission is requested to approve a bid award with BSA Corporation in the amount of $25,000 to replace 5,400 1"x'/4" bolts at the Tennis Stadium with stainless steel bolts. BACKGROUND Digby Bridges (Engineer) inspected the installation of the box seats; he recommended that the City start a replacement program for deck bolts because of the rust problem that was getting bad. Quotes were received from the following to replace the rusted bolts in the walkway areas and ramps at the Tennis Stadium: Date CompanX Option 1 Stainless Steel Option 2 Hot Dip Galvanized 6/23/08 BSA Construction 5/27/08 Carlson and Moore Hufcor $25,000.00 $29,140.00 No Response $24,200.00 $27,190.00 No Response Staff feels that for the cost difference, it would be prudent to replace the bolts with stainless steel versus the original galvanized bolts. At this time, we are proposing only to replace bolts in the walkway areas and will program over the next few years further replacement in the stands. FUNDING SOURCE Funding is available through a budget transfer into account #334-4145-572-46.90 TennisCenter/Other Repair/Maintenance Costs. RECOMMENDATION Staff recommends approval of a bid award in the amount of $25,000 to BSA Corporation for the replacement of approximately 5,400 1"x '/4" carriage deck bolts in the Tennis Stadium with stainless steel bolts. k ~ BSA CORPORATION June 23, 2008 GENERAL CONTRACTORS CONSTRUCTION MANAGERS Mr. Bob Barcinski City of Delray Beach 100 NW 1 Avenue Delray Beach, FL 33444 RE: Delray.Eeach Tennis Center Dear Mr. Barcinski, ~C ~' ~~~ JAN ~ 4 2008. ADS Rrvr~~5 r~E 1) We propose to replace 5,400 %<' x 1" bolts with nuts under the intermediate aluminum walkway decking and under the ramps leading to the intermediate walkway decking. For the lump sum amount of $25,000 for stainless steel, or For the lump sum amount of $24,200 for hot dip galy. steel with washer (note: flange nut not available in hdg.) 2) We propose to remove the existing carpet currently installed at the walkway decking and ramp and VIP area, including scraping the glue to achieve a surface to allow re-carpeting, removal of pop rivets, and removal to off-site disposal location. For the lump sum amount of $4,800 3) We propose to furnish and install new carpet to replace carpet currently installed at the walkway decking and ramp and VIP area. Includes ins#allation of new aluminum bullnose metal 3N width. Carpet to be manufactured by Beaulieu of America, Sherwood series, 100% High UV BCF Olefin fiber, woven polypropylene, with 3 year manufacturer's outdoor fade and wear warranty, color #015 Ivy, For the lump sum amount of $15,300 We appreciate the opportunity to submit this proposal. It shall remain in effect for 30 days. ~. Sincerely yours, { ~L",~ vr._..- Bill Branning President CGC 022739 9 Northeast Second Street Delray Beach, FL 33444 561.272.6350 561.272,7440 Fax s Carlson -Moore Construction, inc. To: City of Delray Attn: Bob Barcinski 12901 150' Court North Jupiter, FL 33478 PH: (56'L) 743-1897 Fax:[SB1}744-5951 E-ma11: cmconstructi n II r. ,C.45A7aRa May 27, 2008 From: Jason P Carlson icarlsonCd~carlson-moore.com Cell: (561) 262-8371 Subject: City of Delray BeachlTennis Stadium Bolt Replacement o Replacement of deteriorated decking bolts underneath the carpeted sections of the Tennis Stadium {approximately 5400 bolts). New hard ware wilt. be 1-114" Carnage bolt with nut. Exiting aluminum hold down plate will be reused. • Stainless Steel Hardware $29,140.00 • Galvanized Hardware $27,190.Q0 • Zinc-Plated Hardware $26,2p0.00 o An inspection of the decking under the carpeting is included. Upon inspection of the decking with the owner we will work up a proposal as needed.. o We can remove the old carpeting and pressure clean the deck for $4,200.00 rlson . __._~_Y_._. ~~...~....~~_. ._.,_.__.. _.__..___._.__~~_~~--.......... -~.r____..~w,_.......,__. ... __.~ _._..~__._~.__._.,. Origin Message----- -- .______ ._.___._~..~._. _ From: Barcinski, Robert ~Barcinski@ci.delray-beach.fl.us~ To: dburress@hufcorfl.com Cc: sflgolf@aol.com Sent: Thu, 19 Jun 2408 10:4b am Subject: QuoteBolt ReplacementlCity of Delray Beach Tennis Stadium/Walkways As we discussed by phone yesterday I am Seeking a quote from your firm to replace approximately 5400 1"x114" carriage type bokts with nut for the stadium walkway plates. 1 need a quote to replace with stainless Steel and one for galvanized. You can send the quote by a-mail to me at barcinski@ci.delray-beach,fl,,us. I am available thru this Friday to show you the project on site. After this date I will be on vacation until 717. You could contact Sharon Painter at (561) 716-6016 during the time I am gone to arrange for a site visit. If you have any questiohs please call me at (561) 243-7011, Get the Moviefone Toolbar., Showtimes, theaters, movie news, 8. more! ~, 7/7/2008 City of Delray,Beach Budget Transfer Form (1) Departmental L[n~ Transfer AdrnlnlSlrQtIV@ $BrVIC@5 (3}~ Intertund/interdepartmental Transfer (2) Date (4) Batch Number ,lulu 2b, 2008 (5) Requested By: Rflbert A. Barcinski PROJECT # {6). ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OU {9} TRANSFER IN 334-6112-~22' 2.88 334-4145-57Z-63.80 Fire Station #4 epic. Tennis Ctr Other Improvemen $ 25,0OO.OD ts $ 25,000.00 {70) TOTAL $ 25,000.00 $ 25,000.00 J ustlflcatlon: To provide funding for replacing 5400 stainless steel bolts in Tennis Stadium walkways. Bid award will be placed on August 5, 2Q08 Commission Agenda for approval. Department Head ~~~ ~`~~~ Asst City Manager Finance Director City Manager ~ (i 1) Budget Revision pate (i3) Pertod ~, ORIG1NAl-BUDGET CANARY-FILE (12) Control Number (14) Count PINK-DEPARTMENT MEMORANDUM TO: Mayor and City Commissioners FROM: William A.Grieve, P.E., Assistant City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Harden, City Manager DATE: July 25, 2008 SUBJECT: AGENDA ITEM 8.Z.2 -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 CONTRACT AWARD/,T.W. CHETHAM, LLC. ITEM BEFORE COMMISSION Request for Commission approval/authorization for bid award to J.W. Chetham, LLC for construction of the Environmental Services Department's New South Entrance Drive and screening wall off of Swinton Aveuue in the amount of $215,396.00. BACKGROUND The new ESD entrance will be located on the south side of the elevated water tank and will connect the ESD complex to Swinton Avenue; it with have an east to west orientation from Swinton Avenue to the Fire Apparatus Maintenance Building . Historically, the Fire Departments vehicles and large delivery trucks have had extreme difficulty negotiating some of the tight turns within the complex. All vehicles currently enter and exit the complex from the SW 4~' Street entrance. The new entrance road will allow these vehicles to exit the complex prior to these tight turns. The additional entrance will alleviate some of the congestion within the complex and at the SW 4~' street/entrance intersection. The work generally consists of the following: roadway construction which includes stabilized and compacting subgrade, installation of limerock base, asphalt wearing surface and a precast concrete vault along with associated miscellaneous improvements. The bid includes the Alternate for installation of a Precast Concrete Wall along the south side of the complex in the vicinity of the roadway improvement bordering the residential neighborhood. FUNDING SOURCE Funding will be availible from 441-5161-536-68.24, Water and Sewer Fund/ESD Access Road at Property Line, after a budget transfer. Total project cost $215,396.00. RECOMMENDATION Staff recommends award to J.W. Chetham, LLC for construction of ESD's New South Entrance in the amount of $215,396.00. . O M O M1 W N W z 2W z Q Y~I 0 0 0 0 o o c c c c o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 = W o o o o o o ~i ~c c _ o ~ o o ~ N o ~ d ~o o ~ d o d o o o d o o -~ - = o o ~ c~ = o o c~ c~ -~ ~ ~ ~n o o Ki 7 N M ~ ~ M v~ ~ N ~D ~D vS -~ lfi a x _ _ O • ~ 1 ri V F'I O C. ~ V EH EH EH EF /. EH EH EH EH EH EH EH EH EH EH EH ~' ~ W O O O O O O C C _ O O O O O ~D O ~ O ~ O O O O O O O O O O O O H ~ N O M 7 ~ ~ ° 0 O 0 O 0 ~ N 'r 0 ~D 0 ~n 0 0 0 0 ~ ~4 N M 7 C I ~p ~p vi -~ EH EH EH EF J'. 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U f-`. r% .-. ~ .N. ~p ~W r. U ~ ice- ~ r~~ O -~ N M 7 v~ ~ r ~ ~ O -~ N M 7 v~ ~ d'0 J, ° ° ° - W o ° o ° o U i--i o v~ o v~ ~i r irj ; N a ~ M I~ x ~ F a. O c' ~ ~ ~ w w o 0 0 ~ U U I -I O O ~D ~ ~ ~ QI ~ EH EH EA O O O O ~n N I(i W ° ^I U o ° ~ I-I ~ O~ ~ ~D N O ~ ~ ~ C. W r .R Q ~ `~ ~ O ~ ~ . ~ ~ ~ ' `Q a W O O N y 0 H-I 0 O 0 ~ 7 ~ y ~ ~= `~ _" ~ p,,, F~ -~ N z ~ ~ ~ ~ W °o o °o 0 °o 0 - U 0 o N ,-- I-I O ~ O ~ l QI ~ W Ifi x F O '~ ~ ~ ~ ^O ^o R W °o °o °o x o , ~ ~ o a ~ ~ ~ ~ ~ ~ ~ ~ O ~ N V L ~ ,W ~' Z C Z a a w ~-i L ~ ~; C C O ~" ~, F- ~4 ~ ~ C U ~ ~ a' ~ f V] rW ~ V s , ~ L Q ~ ' ~ C i ~ ` .N. O S: N s N C..) W O r ~ ~ ~ Z I. ~, N r M ~(~ N OC N OC M, r T N i i i i :V :V C O O U a ~LJLJ A T L A N T I C I~~' 0 LJ~J 0 ENVIROMENTAL SERVICES COMPLEX ~~ i ~ Q ~~ ~ S. W. 6TH ST. 0 _w, , w_ N nl~l 'I ~;~I' ~~ ~Ju w z w Q i i Iii ~ii LJn ~II II ~~ ~I''J ~~ i ~I 3 ~~ ~ III ....I I ...................... i~LJ nn n ~ CITY of DELRAY BEACH ESD NEW ENTRANCE DATE:07/29/2008 ®d ENVIRONMENTAL SERVICES DEPARTMENT ®0~ 434 souni swrrroN AVB~UE, DBJiAY BEACH, ROFIDA 33444 LOCATION MAP 2008-030 1 OF 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Environmental Services Department Director THROUGH: David T. Harden, City Manager DATE: July 25, 2008 SUBJECT: AGENDA ITEM 8.Z.3 -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 PURCHASE AWARD/AGILENT TECHNOLOGIES ITEM BEFORE COMMISSION Request to approve a purchase order to Agilent Technologies in the amount of $17,950.50 for the purchase of a Gas Chromatography Mass Spectrophotometer (GC/MS) Analytical Instrument Upgrade for the Water Treatment Plant's Compliance Lab. The purchase includes upgrades to instrument electronics, the mass spec ion source, and the "ChemStation" data handling software. The upgrade will extend the unit's useful life and improve its performance. BACKGROUND The Environmental Services Department (ESD) was granted funding for upgrading its Volatile Organic Compounds System with the current year's budget allocation at $37,000. A portion of the funding is for upgrading the Gas Chromatography Mass Spectrophotometer (GC/MS) unit. The Compliance Division in ESD performs state required testing for volatile organic contaminants and trihalomethane disinfection byproducts in raw and finished water to insure its safety. The GC/MS is part of the system used to conduct this analysis. The GC/MS is a 10 year old unit which needs to be upgraded to extend its operation and to retain the manufacturer's maintenance support for future years (a brand new unit would cost over $85,000). The upgrade will consist of changes to the instrument electronics, the mass spec ion source, and the data handling software. Benefits from the upgrade will include an increased level of instrument performance (greater sensitivity for detection) as well as a higher level of data validation through the data handling software package. This is a sole source purchase through the unit vendor since we are upgrading an existing unit. FUNDING SOURCE Funding is available from account #442-5178-536-64.90,Water and Sewer Renewal & Replacement Fund/ Other Machinery and Equipment. RECOMMENDATION Staff recommends award to Agilent Technologies in the amount of $17,950.50 for the purchase of an analytical instrument upgrade to the Gas Chromatography Mass Spectrophotometer at the Water Treatment Plant's Compliance Laboratory. . ,.; •~'' •~ Agilent Technologies Juan Manzano City of Delray Beach 200 SW 6th St Delray Beach FL 33444-3558 TEL: 5612331363 FAX: 5612331369 Quotation Quote No. Create Date Delivery Time Page 760425 07/25/2008 2 Weeks 1 of 5 Contact Phone no. Valid to Mark DeLuca 302-633-8687 09/23/2008 To place an order: Call 1-800-227-9770 Option 1 For Instruments Fax :302-633-8953 For Consumables Fax :302-633-8901 Email : Iscainstrumentsales@agilent.com For additional instructions, see last page Product/Description Unit List Qty/Unit Price Discount Amount Extended Net Price G1617EA 1.000 EA 1,438.00 USD G1701 EA MSD ChemStation SW Upgrade requires a valid reg. no. for upgrading G1701 xx to G1701 EA. Includes 1 user license and manuals. G1701 EA supports Windows XP & VISTA in EN, JP, CN ONLY. With the following configuration: Ship-to Country :USA Item Total 143.80- 1,294.20 1,294.20 Special discount of 10.00 % is applied. . ,.; •~'' •~ Agilent Technologies Juan Manzano City of Delray Beach 200 SW 6th St Delray Beach FL 33444-3558 TEL: 5612331363 FAX: 5612331369 Quotation Quote No. Create Date Delivery Time Page 760425 07/25/2008 2 Weeks 2 of 5 Contact Phone no. Valid to Mark DeLuca 302-633-8687 09/23/2008 To place an order: Call 1-800-227-9770 Option 1 For Instruments Fax :302-633-8953 For Consumables Fax :302-633-8901 Email : Iscainstrumentsales@agilent.com For additional instructions, see last page Product/Description Qty/Unit Unit List Price Extended Discount Net Amount Price G1088A 1.000 EA 13,057.00 USD 1,305.70- 11,751.30 5973A Performance upgrade Upgrade kit converts 5973A MSD Standard Electronics to Performance Electronics. Requires G1701 DA MSD software. With the following configuration: Customer's Product Number : G1098A Serial Number Prefix : US Serial Number Suffix :82311160 Ship-to Country :USA Installation (44K) Familiarization at Installation (44L) Item Total 11,751.30 Special discount of 10.00 % is applied. •~'' •~ Agilent Technologies ~.~. Juan Manzano City of Delray Beach 200 SW 6th St Delray Beach FL 33444-3558 TEL: 5612331363 FAX: 5612331369 Quotation Quote No. Create Date Delivery Time Page 760425 07/25/2008 2 Weeks 3 of 5 Contact Phone no. Valid to Mark DeLuca 302-633-8687 09/23/2008 To place an order: Call 1-800-227-9770 Option 1 For Instruments Fax :302-633-8953 For Consumables Fax :302-633-8901 Email : Iscainstrumentsales@agilent.com For additional instructions, see last page Unit Extended List Discount Net Product/Description Qty/Unit Price Amount Price G2591A 1.000 EA 3,245.00 USD 324.50- 2,920.50 Inert Ion Source assembly Inert Ion Source assembly for 5975/5973 MSD With the following configuration: Ship-to Country :USA Item Total 2,920.50 Special discount of 10.00 % is applied. H5949A 2.000 EA 295.00 USD 59.00- 531.00 Supplemental Installation One Hour Labor for Chemical Analysis products. Labor only; no travel included. Requires installation -bundled, or as 44N or 44K. Item Total 531.00 Special discount of 10.00 % is applied. . ,.; •~'' •~ Agilent Technologies Juan Manzano City of Delray Beach 200 SW 6th St Delray Beach FL 33444-3558 TEL: 5612331363 FAX: 5612331369 Quotation Quote No. Create Date Delivery Time Page 760425 07/25/2008 2 Weeks 4 of 5 Contact Phone no. Valid to Mark DeLuca 302-633-8687 09/23/2008 To place an order: Call 1-800-227-9770 Option 1 For Instruments Fax :302-633-8953 For Consumables Fax :302-633-8901 Email : Iscainstrumentsales@agilent.com For additional instructions, see last page Product/Description Qty/Unit Unit List Discount Price Amount Extended Net Price G1710EA 1.000 EA 1,615.00 USD 161.50- 1,453.50 MSD ChemStation Data Analysis Software includes 4 data analysis modes: Enhanced, EnviroQuant, DrugOuant, and AIG. One user license only. Supports Windows XP & VISTA in EN, JP, CN ONLY. With the following configuration: Ship-to Country :USA Item Total 1,453.50 Special discount of 10.00 % is applied. Gross Amount $ 19,945.00 Total Discount $ 1,994.50 Total $ 17,950.50 . ,.; •~'' •• Agilent Technologies Juan Manzano City of Delray Beach 200 SW 6th St Delray Beach FL 33444-3558 TEL: 5612331363 FAX: 5612331369 Quotation Quote No. Create Date Delivery Time Page 760425 07/25/2008 2 Weeks 5 of 5 Contact Phone no. Valid to Mark DeLuca 302-633-8687 09/23/2008 To place an order: Call 1-800-227-9770 Option 1 For Instruments Fax :302-633-8953 For Consumables Fax :302-633-8901 Email : Iscainstrumentsales@agilent.com For additional instructions, see last page TO PLACE AN ORDER, Agilent offers several options: 1) Visit http://www.agilent.com/chem/supplies to place online orders using a purchase order or credit card. 2) Call 1-800-227-9770 (option 1) any weekday between Sam and 8 pm Eastern time in the U.S., Canada & Puerto Rico. 3) To place an order for Consumables, please fax the order to 302-633-8901. To place an instrument and/or software order, please fax the order to 302-633-8953. 4) Or you can mail your order to: Agilent Technologies North American Customer Contact Center 2850 Centerville Road BU3-2 Wilmington, DE 1 9808-1 61 0 To place an order, the following information is required: • Purchase order number or credit card, delivery date, ship to, invoice to, end user, and quote number. GSA customers please provide GSA contract #. EXCLUSIVE OFFERS FOR NEW INSTRUMENT CUSTOMERS, go to www.agilent.com/chem/exclusiveoffers TO CHECK THE STATUS OF AN ORDER: 1) Visit www.agilent.com/chem/supplies to check the status of your order. 2) Call 1-800-227-9770 (option 1) any weekday between 8 am and 8 pm Eastern time, in the U.S., Canada & Puerto Rico. You will need to know the purchase order or credit card number the order was placed on. FINANCING AND LEASING - A wide range of options are available from Agilent's preferred financing partner, GE Capital Solutions. For more information or to discuss how monthly payments could suit your operational or budgetary requirements, contact your Agilent Account Manager. TERMS AND CONDITIONS: • Pricing: Web prices are provided only for the U.S. in U.S.dollars. All phone prices are in local currency and for end use. Applicable local taxes are applied. • All Sales Tax is subject to change at the time of order. • Shipping and Handling Charges: Orders with a value less than $2000 or those requiring special services such as overnight delivery may be subject to additional shipping & handling fees. Some of these charges may be avoided by ordering via the Web • Payment Terms: Net 30 days from invoice date, subject to credit approval. Quotation Validity: This quotation is valid for 60 days unless otherwise indicated. Warranty period for instrumentation is 1 year. The Warranty period for columns and Consumables is 90 days. The Delivery Time reflected is based on availability at the time of quotation and is only a guideline for delivery receipt. Order specific Delivery Time will be determined at order placement and is subject to current availability. It is Agilent Technologies intent to ship product at the earliest available date unless specified otherwise. The sale of standard Products and Services referenced in this quotation is subject to the then current version of Agilent's Terms of Sale, and any LSCA Supplemental Terms or other applicable terms referenced herein. If any Products or Services are manufactured, configured or adapted to meet Customer's requirements, the sale of all Products and Services referenced in this quotation is subject to the then current version of Agilent's Terms of Sale for Custom Products and any LSCA Supplemental Terms or other applicable terms referenced herein. A copy of Agilent's Terms of Sale, Agilent's Terms of Sale for Custom Products and the LSCA Supplemental Terms is either attached or has been previously provided to you. Please contact us if you have not received a copy or require an additional copy. If you have a separate agreement in effect with Agilent covering the sale of Products and Services referenced in this quotation, the terms of that agreement will apply to those Products and Services. Agilent expressly objects to any different or additional terms in your purchase/sales order documentation, unless agreed to in writing by Agilent. Product and Service availability dates are estimated at the time of the quotation. Actual delivery dates or delivery windows will be specified at the time Agilent acknowledges and accepts your purchase order. The above conditions shall apply to the fullest extent permitted by the law. You may have other statutory or legal rights available. Commodities, technology or software exported from the United States of America ("U.S.") or from other exporting countries will be subject to the U.S. Export Administration Regulations and all exporting countries' export laws and regulations. Diversion contrary to U.S. law and the applicable export laws and regulations is prohibited. Agilent Technologies, Inc. www.agilent.com 2850 Centerville Road Wilmington, DE 19808-1644 ~''' •~ Agilent Technologies • ~.~. August 5, 2008 To whom it may concern: The LAN/Performance upgrade and ChemStation software as described in Agilent Technologies quotation # 760425 is manufactured and sold solely by Agilent Technologies. The software listed in the quotation is unique to Agilent and is required to control and acquire data from the 6890/5973 GCMS. Please let me know if you have any additional questions or concerns. Regards, Mark R. DeLuca Telesales Specialist 302-633-8687 MEMORANDUM TO: Mayor and City Commissioners FROM: Anthony W. Strianese, Chief of Police Sharon L'Herrou, Administrative Officer THROUGH: David T. Harden, City Manager DATE: July 25, 2008 SUBJECT: AGENDA ITEM 8.Z.4 -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 PURCHASE AWARD/DIGITAL PATROLLER ITEM BEFORE COMMISSION The Police Department requests approval to purchase ten (10) digital in-car audio-visual recording systems priced at $48,625 (includes shipping) from Integrian (dba Digital Patroller). This is the continuation of an existing project. BACKGROUND These systems will be utilized daily during routine traffic enforcement and community patrol activities. The system has the ability to secure solid evidence for criminal prosecution, real-time recording of events, and enhanced officer safety. Digital recordings also reduce civil liability claims of officer misconduct. Purchase of the first six (6) of these audio-visual devices from Integrian was approved by Commission 3/20/07. Installation and deployment of the first six has been completed, and the Department is ready to move to phase II of the project. Funding for the current ten is from the approved CIP budget. FUNDING SOURCE Funding is approved in the CIl' budget, account number: 334-2111-521-64.90. RECOMMENDATION The Police Department recommends approval. ~~--, ~ .~ :~ MEMORANDUM TO: Mayor and City Commissioners FROM: Anthony W. Strianese, Chief of Police Sharon L'Herrou, Administrative Officer THROUGH: David T. Harden, City Manager DATE: July 25, 2008 SUBJECT: AGENDA ITEM 8.Z.5 -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 PURCHASE AWARD/FLORIDA BULLET ITEM BEFORE COMMISSION The Delray Beach Police Department (DBPD) requests approval to issue a Purchase Order (P.O.) to Florida Bullet for ammunition in preparation for next year's training and firearms qualifications. The total cost for this ammunition is estimated at $32,026.10 and is itemized below. BACKGROUND Firearms training qualifications is scheduled for June 2009. Our ammunition vendors have notified us that due to the war in the Middle East, delivery of ammunition is being delayed by 6-9 months from the date of the order. Therefore, it is necessary to order the ammunition now to ensure its delivery in time for next year's qualifications. Payment will be due upon delivery. This is the same proceedure that was followed for this year's ammunition order. Florida Bullet is asole-source vendor of the ammunition brands used by the Department for training. These brands are priced below comparable ones currently on state contract. Itemized purchase list is as follows: . 75,000 rounds of .40 cal. for training: $23,010 . 5,000 rounds of .9 mm for training: $1,466.10 . 25,000 rounds of .223 cal for training: $7,550 FUNDING SOURCE FY 08-09 funds budgeted in: 001-2111-521-52.20 RECOMMENDATION The Police Department recommends approval. r u n n MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: July 24, 2008 SUBJECT: AGENDA ITEM 8.Z.6 -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 PURCHASE AWARD/MAINLINE SUPPLY COMPANY ITEM BEFORE COMMISSION This item is before the Commission to approve a purchase award in the amount of $42,767.20 to Mainline Supply Company for various piping materials to be installed by the City's in-house construction crew for the Palm Trail Neighborhood Water Main Improvements Project #2003-011. BACKGROUND The scope of work consists of the construction of 2,745 linear feet of 8 inch DIP water main, 32 water services, and 5 fire hydrants. The project also includes clearing and grubbing, sodded swale, asphalt trench repair, concrete and asphalt driveway apron replacement, and maintenance of traffic. Attached is a quote in the amount of $42,767.20 from Mainline Supply Company, the City's current yearly pipe supplier, for your reference. The quotation is based on the current annual contract unit prices. FUNDING SOURCE Funding is available from 442-5178-536-65.73 (Water/Sewer Renewal & Replacement Fund/Other Improvements/Palm Trail Neighborhood) RECOMMENDATION Staff recommends approval of a purchase award in the amount of $42,767.20 to Mainline Supply Company for various piping materials to be installed by the City's in-house construction crew for the Palm Trail Neighborhood Water Main Improvements Project. "~. ~ P Q ~ C~ Q -rur11~ ~ ~ ~ ~ QUOTE 211051 PALM TRAIL PN 2(103-0~.1 506356 7j02/08 I ~ ~ e -~ CITY OF DELRA Y BEACM MAI NLINE - PORT ST LUCIE I00 N~nT 1 STAVE FAX 77,2-4Q8-1953 I]ELRAY B EACH, FL 668 NW ENTERPRIS E DRIVE 3344 4 POR T ST LUCIE, F . L 34986 i Tel ephone:772-4 081960 ~ y i ss ®® F w ~ ~ THIS BID IS C7T7bTEb AS PER. PRICING ACCORDING Tb BII~# 2088-26 PIPE FIT'T'INGS Alv~7 ACCES50RIE5 ANNUAL CONTRACT THAW WAS AVIARI3ED MAINLINE SL7PPLY co. G~ouP 2 EA 2"X100R' V3ATER BETECTOR 'TAPE 14.750Q 29.5fl 2000 FT 8" C900 DR18 PIPE BT,TTE 5.6200 7.3,240.00 40 FT &" 0900 DR18 PIPE BLUE 3.78fl0 1.51.20 wl. EA 8" MJ GV C3/L A2360-23 L/ACC 608.2flgq fi,690.2q lI EA 4615 SCREW VLV BOX LESS LID N/C I3JC 11 EA VI.,V BOX LID C3NL'Y "WATER" N/C N/C Package Sub-total: 6,690.2q 1 EA 8" MJ TV O/L T2360-19 L/ACC 678.2500 678.25 7. EA 4615 SCREW VLV BOX LESS LID N,IC N/C 1 EA VLV $OX LID ONLX "WATER" N/C N/C Package Sub-total.:. 678.25 1 EA 8"XS" DIP TAP SLV 9.04-9.45 537.OOOb 537.00 x3D4 9 EA $" MJ W1'E C153 7.44. 7500 1., 302.75 10 EA 8"X2" NTJ TAPT PLUG 0153 35.0480 350.{}0 8 E.A 8" M~7 45 C153 54.7500 438 . Cl0 1 EA 8" MJ 90 0153 63.0000 53.00 Cantzzs~zed 13ext Page B~ CITY OF 100 Nri4I 1 DEI,RAY B DELRA STAVE EACH, 3344 Y BEACH FL 4 MAI FAX 668 POR Tel NLINE - ~'4RT 772-408-x.963 NW ENTERPRIS T ST LUCIE, F 34986 ephone: 772--4 ST LUCIE E DRIVE L, 08-1960 ~ ~ ~ ~- ~ - ~. ® a 3 EA 8'" MO" TEE 0153 83.2p0D 249.6D 5 EA 8"X.6" MJ FiYTJ TEE 0153 136 . t3(l00 580. OD 1 EA 8"X6" MJ TEE 0153 76.250D 76.25 3 EA 8"Y6" M~ RED~CICER 0153 39.65D0 13,8.95 1 EA 8" FRJ PLUG C7.S3 59.5DpD 59.5D 80 EA g'r ~tEGALsLTG NIJ' REST RVC 2008PV N/C rrjC 80 EA 8" M~ REGULAR ACC LESS GLAND N/C N/C Package Sub-total: .DO 15 EA 8 " MJ 3:.EGULAR ACC LESS GLILrID 7 . 4 0 0 D 111. D D 6 EA S" Mti7 GV O/L A2360-23 LfACC 396.5ppD 2,379.OD 6 EA 4615 SCREW VLV k30'X LESS L7:D N/C NjC 6 EA VLC7' BOX L>"A QNLY "WATER" N/C N'/C Package sub-total: 2,379.00 3 EA 6" MJ fiST O/L T236p-19 L/ACC 467..DDOD 1,383.DD 3 EA 4615 SCREW SIT1V B©:<£ LESS L2D N/C N/C 3 EA VLV BOX T~3:I7 ONLY "WATER" N/C N/C Package Sub-total: 1,383.flD Coritinue~d AText Page nm Continued Next Page sm ., "~~~ ~~~~Q~ Q~p~~~ 21105. ~~PALM TRAIL PN X003-011 CITY OF DELRA'Y' BEACH 100 NW 15TAVE DELRAY BEACH, FL 33444 QUOTE ~ a gi 5066356 7/02/08 ~ MAINZINE - PORT ST LUCTE FAX 772-408-1963 6 6 $ NW ENTERPRISE I3RTVF PORT ST LUCIE, FL 34986 Telephones: 772-408-1960 30fl FT 13300' CTS PE TUBING 200PSI .3&fl0 108.00 I04 F`T 1-1/2X1.00' CTS PE TUBII~7C .9300 93.00 100 FT 2X100' CTB PE TI7B1:1~TCx 20flPSI I.2400 124.Ofl 2 E,A. 10" FOLY PIG 5B 27.7400 ~ 55.48 1 EA 8X1-1/2 CC DBL SS STRAP EPOXY 48.9500 48.95 SADIJLE 8.54-9.79 SELLER 2 EA 8X2 CC BBL SS STRAP EPOXY 48.9SOfl 97.90 2 EA 2" BALL CORP STOP CCXPJ 84.5000 159.00 P- 2 5 fl 0 8 ~LTELT.FER 2 EA 2:, CLiRB STOP 210XFTP B-25170 1.85.2700 370.54 .A,l~. m,aterial is quoted fox shipment wit~is~ 30 days Subtotal: of 2~id flr quote date. After 30 days, ALL [~xote prices are subject to review according to ez~rrent Tax: market condit,ipn,s Bid Total: ~/~~/na a~:za:ss ~ but By SA'Y 42,767.20 .00 42,'767.20 ;7~ ql '.~ ...... ....... ..,..,. ._... ST 1 LJ ~ ' w • z' ~'' r-- o~ ~ '', z'', s~ " - __ ___ _ ....... GEQRGE BU"5N_ a ~ ~ N.E. 7TH CT. N.E. 7TH ST. ~' c~ ;~', -~ O =iP m ;.~ O . ~ ~ ,a e. ~ ~-- z ~ 0 cr _., ~ 0' N.E Z ., 6TH „_, .._ S7- '. D z; ~: '~ ~ ~' ~ Z ~ N E. ~ 5TH .. .._ 57. ,. ~. ~~: `~ _ , zi r~ ; ~ z ~ ~; ~ ~> ~ _.. ~ _: . , N E. 4TH_._ '~ ~ w ~ i.i ~, ~~ SITE a ~, r: ¢,, Q' ;~ r- cn Q Q Q ~- z ~-- ti ~ ~' TTY ®~ DE~I~AY B~~1C:H PALM TRAIL NEl GHBORH00D naT~ 7/zs/os ° ~d ENVIRONMENTAI. SERVICES DEPARTMENT LOCATION MAP . ~dP 434 SOUTH SWIN'TON AVNVE, i7ELRAY 9EACH, ~ORI~A 33841 2QC3-fl31 '~ ~~ '~ MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Environmental Services Department Director THROUGH: David T. Harden, City Manager DATE: July 24, 2008 SUBJECT: AGENDA ITEM 8.Z.7 -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 PURCHASE AWARD/FLUID CONSERVATION SYSTEMS ITEM BEFORE COMMISSION Request to approve a purchase order to Fluid Conservation Systems (FCS) in the amount of $21,630.00 for the purchase of water main leak detection equipment. The purchase includes 30 portable leak sensors/transmitters, antennas, and one receiving unit, as replacement equipment for the existing system. BACKGROUND In future years, as South Florida Water Management District places a greater priority on water conservation, they will place a greater emphasis on accounting, controlling, and reducing water loss. The City currently has a leak detection system utilizing leak noise monitoring; performed during off- peak hours. The system consist of sensors/transmitters, which pick up and send signals upon hearing leak noise, receivers, and correlator stations identifying leak locations. Sensors are placed throughout the water distribution system on valves for overnight monitoring, their signals read the next day, and the data correlated to refine the leak location. The initial leak detection system was purchased from FCS in September 2002. It consisted of 15 portable sensors ("PermaLog" loggers), associated antennas, a receiver ("Patroller"), and two correlator stations. In September 2003, to expand the system's capabilities, an additional 10 loggers were purchased. At this time most of this equipment is unusable due to age and/or expired batteries. The old loggers came sealed with batteries lasting an average of three years. With the current equipment being over six years old, parts and service is no longer available as advances in technology make them obsolete. The new units come with a five year battery life and will work with the existing correlator stations. This is considered a sole source purchase so that we can continue to use these existing stations FUNDING SOURCE Funding is available from account #442-5178-536-46.90, Water and Sewer Renewal & Replacement FundlOther Repair and Maintence Cost. RECOMMENDATION Staff recommends an award to Fluid Conservation Systems (FCS) in the amount of $21,630.00 for the purchase of water main leak detection equipment. ti DOTE Fluid Conservation Syalems 502 TECHNECENTER DR. QUOTE NO.: 8.357 SUITE B MILFORD OH 45150 DATE: 7/23/2008 PHONE 513-831-9335 FAX 513-831-9336 EXPIRATION DATE: 8/20/2008 TO Scott W. Solomon Prepared By: RL City of Delray Beach FL 434 S. Swinton Ave Delray Beach, FL 33444 DELIVERY PAYMENT SALESPERSON FREIGHT SHIP VIA F.O.B POINT DATE TERMS Griff Machinski Prepay/Add UPS Ground ORIGIN Net 30 ITEM # QTY DESCRIPTION 2008 Unit Pricing Special Pricing LINE TOTAL 1 30 PermaLog Plus 21-30 (with p hook) $650 $500 $15,000 30 Antenna extension. with magnet $1 .350 $0 $0 1 Patroller 2D Unit $9,000 $9,000 $9,000 1 <Trade-In Value for Patroller 1 Unit> -$2,500 -$2,500 -$2,500 Additional Items Additional Terms: To accept this quotation, sign below and return: Purchase Order No. SUBTOTAL $21 ,500 SHIPPING $130 SALES TAX TOTAL $21,630 THANK YOU FOR YOUR BUSINESS! MEMORANDUM TO: Mayor and City Commissioners FROM: Michael Vinci, Assistant Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: July 30, 2008 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 WAIVER REQUEST/CEMEX/RINKER ITEM BEFORE COMMISSION The waiver request is to allow a 15,000 gallon UL 2080 double wall above ground Storage Tank at the Rinker Materials property located at 1700 W. Atlantic Avenue (I-95 and Atlantic Avenue). BACKGROUND The property was developed as a concrete mixing facility in 1969 and contains a 968 sq. ft. office building, and three separate warehouse buildings which total 11,485 square feet. The property is 7.14 acres and located in the Mixed Residential, Office and Commercial (MROC) District. The property is owned by Rinker Materials which is an industrial manufacturer of concrete, and cinder blocks. Waiver Analysis: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and/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. The applicant has submitted the following narrative in support of the waiver request: "The proposed tank does not adversely affect the neighboring area due to the proposed location which is more than 100 feet from the nearest property line. The tank will not be noticeable by neighboring properties since the proposed tank will be located amongst existing structures and a stockyard of 12' tall rows of stored concrete blocks. The tank installation does not diminish the provisions of any public facility; it is located on private property away from any public facilities. The site has an on-site sanitary sewer treatment system (septic tank and drainfield field) and is not connected to the city sanitary sewer system. The facility has a modernized stormwater system which would prohibit any potential spills from leaving the site. The proposed tank location is surrounded by concrete paving and not adjacent to any public roadways or utilities. The proposed tank will not create an unsafe condition since it is doublewalled (self-contained steel tank) with a 2-hour fire rated constructed in accordance with NFPA 30 and 30A and the Steel Tank Institute (Number F921). The tank is on the approved storage tank system equipment list by the Florida Department of Environmental Protection (Approval No. EQ 239 and EQ 581) and is covered by a UL 2080 listing. The tank is required to be protected by steel traffic bollards embedded into concrete 3 feet deep and not less than 15 inches in diameter. This request does not result in a special privilege because this request is a result of the general trend by the industry to remove underground fuel storage as recommended by the governing state and federal environmental agencies. The aboveground tank is easy for the layman to observe for possible leakage on a daily basis and eliminates the concern for secondary containment on the tank, since it is a tank within a tank, and all piping and dispensers are integral to the tank." The Fire Department has reviewed the request; Per Section 96.46 Code of Ordinances, a tank exceeding 300 gallons capacity may be placed aboveground if it is encased in a minimum 2-hour vault and adequately screened from view. The Fire Marshal has determined that the use of an UL 2080 storage tank is acceptable for such use. Given the above the required finding of LDR Section 2.4.7 (B) (5) can be made. RECOMMENDATION Approve the waiver from Delray Beach Code of Ordinances Section 53.064 (B) (2), which requires that total above ground storage be less than 40,000 gallons, and that no one storage facility be larger than 6,000 gallons and no more than six (6) storage facilities at 6,000 gallons each are permitted at one site, based on positive findings with LDR Section 2.4.7(B) (5). This waiver would allow one 15,000 gallon UL 2080 double wall above ground storage tank. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR CEMEX/RINKER ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on August 5, 2008 where the applicant is requesting a waiver to allow a 15,000 gallon above ground storage tank. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Cemex/Rinker. All 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 Section 53.064(8)(2) of the Code of Ordinances an above ground storage tank larger than 6000 gallons is not allowed. The applicant has requested a waiver to this requirement in order to allow a 15,000 gallon storage tank. 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 allow the 15,000 gallon above ground storage tank meet all the requirements of 2.4.7(8)(5)? Yes 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 consistent with the Comprehensive Plan. 1 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 denies the waiver request to Section 53.064(8)(2) of the Code of Ordinances. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of August, 2008, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Rita Ellis, Mayor 2 12798 W. Forest Hill Boulevard Suite 204 Wellington, FL 33414 - Phone:(5fi1)792-9000 Fax: (561)792-99D1 CA No. 7969 July 7, 2o0s Mr. Mike Vinci Planner City of Delray Beach 100 NW First Avenue Delray Beach FL 33444 561/243-7045 Consulting engineers C . f ~. ~~ ,~ ~ ~ F° r ~ ' z ~ ~ ~~ ;~ RE: Cemex Delray Beach Facility 15,000 gallon AST Wavier of City Ordinance -Chapter 53 Sanitary Sewers, Section 53.064, Prevention of Accidental Discharges, Part (B) (2) Dear Mr.Vinci: This letter is a request for "Wavier of City Ordinance" regulating the size of aboveground storage tanks. CEMEX would lake to replace the aging underground diesel tank at the Delray Beach facility with astate-of-the-art aboveground UL 2080 double wall Envixosa£e Fireguard tank by Memco, Inc. The facility is located at 1700 West Atlantic Avenue just west of I-95 (see location map attached). This process is being initiated with the guidance of Mr. Brian Shutt, Assistant City Attorney under Section 30-15 "Waivers of City Ordinances". Please note that a $100.00 wavier request processing fee is attached per Section 30-15. In addition, the proposed tank does not adversely affect the neighboring area due to the proposed location which is more than 100 feet from the nearest property line. The tank will not be noticeable by neighboring properties since the proposed tank will be located amongst existing structures and a stock yard of 12' tall rows of stored concrete blocks. The tank installation does not diminish the provisions of any public facility; it is located an private property away from any public facilities. The site has an on-site sanitary sewer treatment system (septic tank and drainfield field} and is not connected to the city sanitary sewer system. The facility has a :agodexnized stormwater system which would prohibit any potential spills from leaving the site. The proposed tank location is surrounded by concrete paving which would require any potential spill to flow over 140 LF of paving and then through 700+ feet of swale before it reached the stormwater pond. The tank is not located near any public roadways or utilities. The proposed tank does not create an unsafe condition since it is a double walled (self - contained steel tank) with a 2-bout fire rating constructed in accordance with NFPA 30 and 30A and the Steel Tank Institute (Number F921). The tank is on the approved storage tank system equipment list by the Florida Department of Environmental Protection {Approval No. EQ 239 and EQ 5S1} and is covered by a UL 20$0 listing. The tank is requited to be protected by steel traffic bollards embedded into concrete 3 feet deep and not less than Alan Gerwig &Associates, Inc, Mr. Mike Vinci, Planner Page 2 of 2 July 7, 2008 City of Delray Beach 15 inches in diameter. This request does not result in a grant of special privilege because this request is a result of the general trend by all industry to remove underground fuel storage tank as recommended by the governing state and federal environmental agencies. The aboveground tank is easy for the layman to observe for possible leakage on a daily basis and eliminates the concern for secondary containment on the tank since it is a tank within a tank and all the piping and dispensers are integral to the tank. Please see the att ed brochure fox the proposed tank. If you would like to discuss this proposal, plea c tact me at 561 /792-9000. Sincere! J. ~~ Patrick S. Lear, P.E. 7/~~/(J~ Project Manager Florida Professional License #50033 CA # 7969 cc: Jeff Porter, CEMEX Mike Egan; CEMEX Fred Rice, Petroleum Contractor Alan Cerwig & Associates, Inc, 12798 W Forest Hili Boulevard Wellington FL 33414 P 561!792-9DOD F 551!792-99D1 1 i I ~Q§Q~ 9~ ~~ ~~ ~~ ~q 4~ 8~ ~R R~ ~~ q~ ~ ~ 9 ~„ ~~ ~ $~ a ~~ R9 It* a~ ~ x ~Q ~ ~ ,~ ~~ ~~g~~~ ~~ ~ ~~ ~~Y~~~ a ~"1 I~ ~~ ~g~~~~ .I ~ ~ ~ s S ~~~ ~ r• III ~ 4~~ ~~ ~E~ a;e ~~~ lil ~ r~ s 268 -.BT' _~4~ x~~~~ ~ ~~ ~ ~ ~- ~ ~ ~ o ~}}'r ~ rl I ~ - ~~~~ ~ I ~ I ~ I I ~ ~ ~ --4 ~ ~~ ~ _ o,~' ~ ~ ~" 4yZ a~ ~~ ~ ~ a '~ £•~ / ~~~ ~~ ~~. r~~~W __~ DELRAY - SffEWORK - FUELTANK EXHIBff [ g ~ 1Q 'a ;9 •~ x f &a~3a=~ ~` __ ~i~`I~~--1 ~~7 i j' III I ~ f III I kl I E III ~, ~ k1 ~ J~O~ ~ ~~~ ~I ~~ ~~~ l I BLocK STORAGE PROPOSED 15,000 GALLON DOUBLE 1IVALL AST DIESEL TANK NFPA-90A ~CK ~ ~ f E~ __. ~ i ~~~ ~L~- Zf--- oaER ~~ ~~~ ~ ~~ ~~.~,~, \, ~~` ~J`. .,,\ -~ \~ ~~~~ ~ ~ I Ol./ ~~~ L ,~ SHOP ~. ~ EXISTING FUEL ~ I FACILITY AND u UNDERGROUND TANKS (TO BE REIIIIOVED) IIAENT BASIN , ~ `~ D ~~ - ~ ~ rAIAREHOUSE ~ s.B~ ~ ~ ~_______~ DacK G~rvig~,Aaaciaresln~. •~•~o• Drown a . J.A.R. ~. ~ ~. D E L RAY pxr7uchc g. , w.p r.s.. Na. aoasa r I -SITEWORK- n e„en {06-a6-08 o~ oyr. FUEL TANK EXHIBIT ~ _ ~ X ~..~ ~ ~ ~ ~' T ~ ~~ 2-hour 2040° fire tes#, as required by Southwest Research lnstitute Standard SwRI 97-04, validates performance of non-insulated tanks • Horizontal, vertical and rectangular designs available • Primary and secondary tank can be tightness tested an site with standard testing procedures, or manufacturer may ship with vacuum in the interstice to prove integrity of both walls during installation • diked design also available • Interstitial space can be monitored far leak detection • Support designs availalale for all seismic zones • Primary storage tank and secondary containment compa#ible with a wide range of fueEs and chemicals irir r • Steel is the "green" choice - it is capable of being recycled after tank closure • Built #o nationally-recognized STl standards with strict third-party quality contra] inspection program • Low cost compartments and customization • Capacities range up tv 50,OOd gallons • Available from a large network of STI licensed manufacturers AA Tank 1! fr~stitute ++/ A division of STi / SPFA 570 Oakwood Road Lake Zurich, fL 60047 Ph $47.43$.$265 Fx 847.438.$766 Web www.steel#ank.com 5108-2.5M-Item #150-50-Od01 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: July 28, 2008 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 REQUEST FOR IN-LIEU PARKING SPACES/HAMMAD SHOPPES ITEM BEFORE COMMISSION The item before the City Commission is the consideration of a request from Hammad Shoppes for the purchase of four (4) in-lieu parking spaces to accommodate the construction of additional interior floor area. BACKGROUND In December 2007, Hammad Shoppes, located at 139 NW 5~' Avenue, received approval from the Historic Preservation Board (HPB) for a Class III site plan modification fora 1,072 sq. ft. addition to the rear of the building including the construction four (4) new parking spaces to accommodate the additional floor area and relocation of the back-out parking on NW 5th Aveneue in front of the property to the rear alley. During the construction it was discovered that the project included the construction of a 1,152 square foot mezzanine that was inadvertently omitted from the site plan. A Class III site plan modification has been submitted to accommodate the construction of the mezzanine in accordance with Land Development Regulations (LDR) Section 4.4.13(G)(2)(c), which requires the provision of one (1) parking space per 300 square feet of gross floor area. It is noted, construction of the project has been suspended pending the outcome of this request and approval by the HPB. LDR Section 4.6.9(E)(3) states when a requirement for additional parking results from adding floor area, the City Commission may approve the payment of a fee in lieu of providing such required parking. Before granting such approval the Commission must find that it is impossible or inappropriate to provide the required parking on site. The parking reconfiguration referred to earlier has maximized parking on the site. Therefore, the applicant is requesting to purchase in-lieu of parking spaces in accordance with LDR Section 4.6.9(E)(3). The proposed 1,152 sq. ft. mezzanine requires four (4) spaces (1,152 / 300 = 3.84 rounds up to 4), at a cost of $4,000 per space totaling $16,000. If approved, the owner of the property will have an option of paying via an in-lieu of parking fee agreement pursuant to LDR Section 4.6.9(E)(3)(d) which requires 50% payment upon signing of the agreement and two subsequent payments of 25% on the second and third anniversaries of the agreement. (Please note, a building permit has already been issued for the project. Payment of the in-lieu fees will be resolved prior to allowing construction to resume). The recent NW/SW 5~' Avenue beautification project, which included on-street parking throughout the corridor, resulted in four (4) on-street spaces directly in front of the subject property. The existing grocery store will remain with a proposed take-out pizzeria and clothing store proposed for the other two bays. These uses generally generate short stay, high turnover vehicular trips and local pedestrian and bicycle traffic. Furthermore, the proposed use for the mezzanine area is for storage, thereby not increasing currently calculated trip generation. Comprehensive Plan Policy C-4.1 of the Future Land Use Element encourages rehabilitation and revitalization within the Central Business District through a number of incentives, one of which is the accommodation of parking needs through innovative actions. The in-lieu of parking fee program provides such an incentive and therefore is consistent with the Comprehensive Plan. Considering the aforementioned, staff supports the applicant's request to purchase four (4) in-lieu spaces, under the aforementioned terms and conditions. REVIEW BY OTHERS The Parking Management Advisory Board and Community Redevelopment Agency at their respective meetings of July 22 and 24, 2008, unanimously recommended approval of the applicant's request. Due to timing, meeting schedules, and a concern for keeping the project moving, the project has not been presented to the Downrtown Development Authority or West Atlantic Redevelopment Coalition. The findings of these deliberations will be reported at their upcoming meetings. RECOMMENDATION By motion, approve the request from Hammad Shoppes for the purchase of four (4) in-lieu parking spaces, in accordance with LDR Section 4.6.9(E)(3), by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.9(E)(3) of the Land Development Regulations. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR HAMMAD SHOPPES ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This in lieu parking fee request for the purchase of 4 parking spaces in- lieu has come before the City Commission on August 5, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for the Hammad Shoppes located at 139 NW 5t" Ave. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of 4 parking spaces in-lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? At $4,000.00 per space totaling $16,000.00 on the condition that fifty percent (50%) be paid upon signing the agreement and twenty-five percent (25%) be paid on the second and third anniversaries of the agreement. Yes No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) 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. 1 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 denies the in lieu 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 August, 2008, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 i i ii i i i ii i ST. W 3RD w w Q _ _ _ _ ~ r r r r o' I~ cfl ~C1 ~ M MAR I IN LUTHER KING JR. DRIVE 0~ W 1ST ST. ~7 ~ ~ z z ~ ~ ' z z A T L A N T I C w > w w w Q > > > Q Q Q S. W. ~~ ~~ ~~ ~~ ~~ ~~ S T. ~~~ ~~, HAMMAD SH~PPES / / ~ SUBJECT ~ PROPERTY 139 NW 5TH AVENUE PLANNING AND ZONING ~~. DEPARTMENT LC~CATIC~N MAP -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1051_Hammad Shoppes A V E N U E HAM~fAD SHOPPES ~ ~~~ P EpD1![WPST in NEW Z'-O' ok~DIGATED R15HT OP s4AY /1I/tl~/~/~/f/~lt/~~~~1/ EX UCILITY f.ANt75GVAP~7 AREA BY CITY . TYP E w w {n $ ~ C PRO WE ~ EX UTILITY POLE 8'~° 8'-O° ~ 9-D° NCnREA 67RgP •{ m `~ FX TIG G PA LANDSGVA LONT. BIN6 FAi2KI - AAA ~ ~ 0 0 ~ ~ ~ . • ~ TYP GONG NfALRWAY ', F.' '.~ GREEN AREA T'fP PRPflSED Ill'~~N t- ~ GONE. G + ld(y. l~cL STOP PARIGING G ~ ~ k u~ ~ ~ ~ ~ ~. 0 x A ~~ ~! F. .... - -.- .... - ~ANOSGVAp~n AREA SY GIT'f TYP - EWAL'~ TO BE D€ . .. GlIY (LRA} EX LONG UfiLlFY POL}= ,NEED ANQ PAIN'Il"cD ~ IzAro~n 0 OFF SITE PARKI , ', o !` 6RIGK PAYEk PLAt1TER BOX o LOLOR TO E:E G00171NAT~7 SNf- - GIrY Ggft J N1~115th AVENUE TTIIK ~~Z ~~ ~ Z ~ d~ v ~ r ~ Q - s ~ ~ ua I I i ~ _ d~ • ~' ~ ~ C z a G = M~ i ~ I I ~ I I Z N i `\ \ III\ I ~J~_ I w ~ III I - _ -~.- _ _ ? ~9 _- - _ - _ - - -._ - -.. --_ - -_ _. - _-._ - - _.-._ - -..:ll I _ ,. ---- - - ,%6 Bb -. _ - - ~ I II I I I `- -1-..- _ - ___ --_ -_ _- ~ _.-. I i li I I i i I I I - ~~ ~ _ _ __ ~I ~ ~I_ L ~Y- -.~-. .-. - __ - -.-._.- _ _. __ -.- _ - - - - - - _ - - -- - - _ I ~ -~ ~~ -' --- -- __ _ i ~,,£ ~ ~A~ MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: July 30, 2008 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 CONDITIONAL USE REQUEST/CHURCH OF GOD OF DELRAY BEACH ITEM BEFORE COMMISSION The item before the City Commission is a conditional use request to convert an existing two-story duplex located at 410 SW 2nd Street to eight meeting rooms for use by, and incorporation into the adjacent Church of God campus. BACKGROUND The Church of God was constructed in 1940. The existing 0.47 acre site is located at 209 SW 5th Avenue and contains an existing 4,916 square foot sanctuary building and associated parking lots and landscaped areas. Now the Church of God has acquired an existing 1,136 sq. ft. two-story duplex building to the north on an adjacent 0.155 acre site located at 410 SW 2nd Street. The adjacent property is legally joined to the Church of God site via a unity of title agreement recorded by Palm Beach County on December 6, 2006 (PB21162/PG1952). The conditional use request before the City Commission is to add the duplex building into the Church of God campus. REVIEW BY OTHERS The Planning and Zoning Board considered the conditional use request to add the duplex and convert the facility into eight meeting rooms at their meeting of July 21, 2008. The Board unanimously recommended approval of the conditional use subject to conditions. RECOMMENDATION Approve the new conditional use request to add the duplex and convert the existing facility to eight meeting rooms for use by the adjacent Church of God, subject to the conditions as noted in the attached Planning & Zoning Board Staff Report of July 21, 2008. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR THE CHURCH OF GOD OF DELRAY BEACH ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on August 5, 2008 to convert an existing two-story duplex, located adjacent to the Church of God campus, into eight meeting rooms to be used by the Church. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the Church of God. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use and Map: 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, complementary to adjacent land uses, and fulfills remaining land use needs, subject to the attached conditions? Yes No b. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met, subject to the attached conditions, as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No II. LDR REQUIREMENTS: LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: 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 the requirements of LDR Section 2.4.5(E) be met, subject to the attached conditions? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the conditional use request subject to conditions attached hereto and hereby adopts this Order this 5th day of August, 2008, by a vote of in favor and opposed. 2 Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk CONDITIONS 1. Addressing all City Fire Department and Building Department technical items prior to issuance of a certificate of occupancy. 2. Revising the proposed first floor plan to accommodate a handicap bathroom facility. 3. Revising the proposed second floor plan to graphically depict a rear exit from the southeast meeting room and add rear exit stairs leading downstairs outside. 4. Providing three (3) existing handicap parking spaces shall be made to be ADA compliant with associated ramps, curbing and striping. 5. Identifying the height of the existing structures (i.e. church and duplex buildings) in the site data chart or on the building footprint on the site plan. 6. The exteriors of the church and converted duplex building shall be color coordinated to demonstrate unity of character between the two sites. 7. Upgrading landscaping for the entire site to include, but not necessarily be limited to foundation plantings for the converted duplex and in the area east of the duplex building. 8. Provision of a separate existing and proposed floor plan for comparison. 4 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -_-STAFF REPORT--- MEETING DATE: July 21, Zoos AGENDA ITEM: ~~- B• ITEM: Conditional use modification request to allow the conversion of a two-story duplex residence to accommodate eight meeting rooms for the Church of God of Delray Beach, located at the 410 SW 2nd Street. GENERAL DATA: OwnerlApplicant ....................... Church of God Agent .................................... Burl Gentry Location ...................................... Southeast corner of SW 2"d Street and SW 5t`' Avenue Property Size .............................. 0.155 acres FLUM ........................................ LD (Low Density Residential, 0-5 Dwelling Units Per Acre) Zoning District ............................ R-1=A (Single Family Residential) Adjacent Zoning ................North: Multiple Family Residential-Medium Density (RM} East: Single Famiiy Residential {R-1-A) South: Single Family Residential {R-1-A} West: Single Family Residential (R-1-A) Existing Land Use ...................... Two-story Duplex Residence Proposed Land Use .................... Attendant Church Facilities (eight meeting rooms) Water Service ......................... Existing on-site Sewer Service ........................ Existing on-site A T 1. A N TIC A V ~. a S. W. 1ST ST ~ ~~ s.w. zn~D sT. ._ ~ ~ S. W. 3RD ST. 3 ~ i '` ~- ITEM BEIF=ORE THE`BOARD The action before the Board is making a recommendation to the City Commission on a conditional use modification request for Church of God to allow conversion of a twa- story duplex to accommodate an attendant use of eight meeting rooms to support the abutting 126-seat religious facility. The Church of God church facility and proposed expansion will contain 0.625 acres and is located on the southeast corner of SW 2"d Street and SW 5t" Avenue. 6ACKG'F2OUND The Church of God was constructed in 1940. The existing 0.47 acre site is located at 209 SW 5F" Avenue and contains an existing 4,352 square font sanctuary building and associated parking lots and landscaped areas. On September 15,.1980 the Planning & Zoning Board recommended approval to the City Council (currently known as City Commission) of a conditional use request to allow aone-story building addition to the existing church for use as attendant church facilities. On October 14, 1980, the City Counci[ approved this conditional use request. On June 20, 1983, the Planning & Zoning Board recommended approval to the City Council of a conditional use request to allow construction of a 564 sq. ft. building addition consisting of offices, bathrooms and a vestibule, and the addition of a 22 space parking lot. On June 28, 1983 the City Council approved this conditional use request. The Church of God has acquired an existing 1,136 sq. ft. two-story duplex building to the north on an adjacent 0.155 acre site located at 410 SW 2"~ Street. The adjacent property was legally joined to the Church of God site via a unity of title agreement recorded by Palm Beach County on December 6, 2006 (PB211621PG1952). Now before the Board far action is a modification of the approved conditional use to expand the church facility. The modification involves the conversion of the existing two- storyduplex to eight meting rooms for the Church's use. CONa1TlC7NAL-.USE ANALYSIS REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This .may be achieved through information on the applica#ion, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following areas. LDR Section 3.1.1(A) -Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. Planning & Zoning Board Staff Report: Meeting of fl712'1108 Church of God -Modification to the approved Condi#ional Use involving a change of use from Duplex to Meeting Rooms Page 2 The subject property has a Future Land Use Map (PLUM} designation of LD {Low Density Residential, 0-5 Dwelling Units Per Acre) and a zoning designation of R-1-A {Single 1=amity Residential), which are consistent with each other. Pursuant to LDR Section 4.4.3{D)(2}, churches or places of worship and their attendant educational, nursery, Sunday school, recreational and columbarium facilities, are allowed as conditional uses. This, however, does not allow the establishmen# of educational or childcare uses which are to be established by separate conditional use processes or via a rezoning to Community Facilities (CF). Therefore, if the facility is not utilized for child care or a s#ructured educational program, positive findings can be made with respect to consistency with the Future Land Use Map. LDR Section 3.1.1(B] - Concurrence: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certifiicate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As described in Appendix "A", a positiv relates to water and sewer, streets and space, solid waste, and schools. e finding of Concurrency can be made as it traffic, drainage, parks and recreation, open LDR Section 3.1.9 C -Consistent Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E}(5} for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies fiound in the adopted Comprehensive Plan may be used in making a finding of overall consistency. As described in Appendix "B", a positive finding of Consistency can be made as it relates to Standards for Site Plan Actions. LDR Section 3.1.1(D] -Compliance with the LDRs: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made when a site plan application addressing all outstanding items attached as conditions of approval is submitted and approved. Com rehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective was found: Future Land Use Element Ob'ec#ive 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 soil, topographic, and other applicable physics[ considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed conversion of the two-story duplex to eight meeting rooms will Planning & Zoning Board Staff Report: Meeting of (37121108 Church of God -Modification to the approved Conditional Use involving a change of use from Duplex to Meeting Rooms Page 3 accommodate the needs of the adjacent one-story, 126-seat Church of God. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed attendant office development. The development, however, would be more visually compatible with the Church of God if the architecture! elevations were at least consistent in color schemes to demonstrate congruency between the two properties. Because of the height difference and physical distance between these two church facilities they don't appear to be related uses. Some consistency in color schemes would help demonstrate the marriage of the two properties and is added as a condition of approval. Additionally, the site's landscaping must be upgraded, including the building foundation and the area east of the building. A detailed site plan submittal with landscape plan will be required if the conditional use is approved. When these items are addressed as conditions of approval, a finding of overall consistency with Future Land Use Element Objective A-1 can be made. LDR SECTION 2.~4.5(E) -REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E}(5), in addition to provisions ofi Chapter 3, the City Commission must make findings that establishing the conditional use will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood wi#hin which it will be located; (b) Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: Ad scent Zonrn Ad "scent Land Use IVarth Multi le Famil Residential-Medium Densit RM Multiple Famil Residence South Sin le Famil Residential R-1-A) Sin le Famil Residence Easf Sin le Famil Residential R-1-A Sin le Famil Residence West Sin le Famil Residential {R-1-A) Sin le Famil Residence The development proposal proposes a change of use from a residential duplex to an attendant offce use for the church. This will represent an expansion of an established church use which has coexisted with adjacent uses #or many years and there is na history of incompatibility. Therefore, there should be no significant impact on adjacent properties. The proposed development will have minimal detrimental effect upon the stability of the neighborhood and will not hinder development or redevelopment of nearby properties. ___ SITE 'PLAN ANALYSIS GOMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking #inal action on the site and development applicatlonlrequest. Planning & Zoning Board Staff Report: Meeting of 07/21/08 Church of God -Modification to the approved Conditional Use involving a change of use from Duplex to Meeting Raoms Page 4 It is Hated that a new site plan has not been submitted and will be required if a conditional use request is approved. The site plan submifted should include a landscape plan and floor plan to address issues raised in this staff report. The following analysis is based on a survey of existing site conditions. LDR_Section 4._3.4(K) Development Standards Matrix-Residential Zoning Districts: The fallowing table demonstrates that the existing conditions complies with the following LDR Sections 4.3.4(K) and 4.4.3(A), as it pertains to the R-1-A (Single Family Residential) zoning district requirements: R-1-A* Min. Lot Min. Min. Min. Lot Min. Min. Max. Size (sq. Lot Lot Frontage Floor Open Bldg. ft.} Width Depth {ft.) Area Space Height ft. ft. s . ft_ % ft. Standard 7,500 80 100 80 1,000 25 35 Provided 29,272.32 135.52 216 135.52 5,488 59.25 25 However, the following table demanstrates that the existing building does not comply with LDR Sections 4.3.4{K) and 4.4.3(A), relating to the front and rear setbacks: R-1-A*: Standard: Provided: Buildin Sef~backs: West Front 25 20.01 North Side Street 15 19.16 South Side Interior 7 % 59.60 East {Rear) 10 8.47 *The above values represent the property boundaries derived from the joining of the existing church site and two-story duplex via unity of title. The front and rear setbacks are pre-existing nonconformities to the site. Since the proposed improvements will not increase the existing nonconformity, it can remain. Off-Street Parking: LDR Section 4.6.9{C)(6){c} states that churches shall provide one parking space for every three seats provided in the sanctuary. Additional parking is not required for other uses on the church property (e.g. Sunday School, Day Care, Preschool, etc.} when such uses are operated as a part of, or under the auspices of, the Church. The existing sanctuary seats 126 persons. Accordingly, 42 parking spaces are required and 43 parking spaces are provided. Thus, this standard has been met. Handica Parkin and Accommodations: Pursuant to LDR Section 4.6.9 (C){1)(b), handicap parking spaces and accommodations Planning & Zoning Board Staff Report: Meeting of 07/21/08 Church of God -Modification to the approved Conditional Use involving a change of use from Duplex to Meeting Roams Page 5 shall be provided. The development includes three {3) existing handicap parking spaces. However, the existing spaces are not ADA compliant. Accordingly, these three (3} handicap parking spaces wil! be made ADA compliant and this shall be attached as a condition of approval. Likewise, the downstairs bathroom shall be modified in design to allow for handicap use. This shall also be a condition of approval. Compliance should be noted on the corresponding site plan submittal. Site Plan Technical Items: The following items remain outstanding and will need to be addressed, along with conditions of approval, on the required site plan submittal: 1. Address all City Fire Department and Building Department technical items prior to issuance of a certificate of occupancy. 2. Revise the proposed first floor plan to accommodate a handicap bathroom facility. 3. Revise the proposed second floor plan to graphically depict a rear exit from the southeast meeting room and add rear exit stairs leading downstairs outside. 4. The three {3} existing handicap parking spaces shall be made to be ADA compliant with associated ramps, curbing and striping. 5. Identify the height of the existing structures (i.e. church and duplex buildings) in the site data chart or on the building footprint on the site plan. 6. The exteriors of the church and converted duplex building shall be color coordinated to demonstrate unity of character between the two sites. 7. Upgrading landscaping for the entire site to include, but not necessarily be limited to foundation plantings for the converted duplex and in the area east of the duplex building. 8. Provision of a separate existing and proposed floor plan for comparison. RB1lII:W BY 4~'THERS' Due to unanticipated cancellation of the July ~0, 2008 meeting, the development proposal has not been reviewed by the Community Redevelopment Agency (CRA). The proposed development is not within an area requiring review by the Downtown Development Authority (DDA) or the Historic Preservation Board {HPB). Courtesy Notices. Courtesy notices have been provided to the following homeowner's andlor civic associations which have requested notice of developments in their areas: © Neighborhood Advisory Council Planning & Zoning Board Staff Report: Meeting of 07121!08 Church of God -Modification to the approved Conditional Use involving a change of use from Duplex to Meeting Roams Page 6 O Ebony of Delray O Merritt Park HOA Public Notices: Forma[ public notice was pratided to property owners within a 500' radius of the subject property. Letters of support or abjection, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND C~NCLUSIC}N The proposed conditional use request is to allow the conversion of a two-story duplex residence to accommodate attendant church facilities (eight meeting rooms) for the Church of God. The interior of the 1,136 sq. ft. duplex building has already been modified to accommodate eight meeting rooms (four on each floor}. Additional interior changes will be required as noted in the conditions of approval. The site wilt have to be brought up to meet current fre and building code requirements which will include installation of a handrail for the second floor front stairs to the minimum required height, elimination of the bathroom exit, add rear exit stairs on the second floor, the provision of exit signs, and installation of portable fire extinguishers at designated exit locations. These modifications shall be required prior to a C.O. (certificate of occupancy} being issued by the City Building and Fire Departments. Staff recommends that the color of the church and duplex building be coordinated to demonstrate unity of character for the site. Likewise, the site's landscaping must be upgraded, including upgrading of foundation plantings for the converted duplex along with the area east of the building. Compliance with these conditions of approval will have a positive effect on adjacent properties and the neighborhood as a whale. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDRs. Thus, positive findings can be made with respect to LDR Section 2.4.5(E){5}, once the aforementioned conditions of approval are met. ALTElf2NATIUE ACT1aNS A. Move postponement of the conditional use request for the Church of God, by electing to continue with direction. B. Move approval of the conditional use request to convert the existing two-story duplex to eight meeting rooms for the Church of God, 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 Sections 2.4.5{F){5) and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the conditional use request to convert the existing two-story duplex to eight meeting rooms for the Church of Gad, 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 criteria set forth in Sections 2.4.5(1=)(5) and Chapter 3 of the Land Development Regulations. Planning & Zoning Board Staff Report: Meeting of 07/21/08 Church of God -Modification to the approved Conditional Use involving a change of use from Duplex to Meeting Rooms Page 7 REC{)MMENflED ACT#4N Find the modification to be signifcant and recommend approval of the new conditional use request to convert the existing two-story duplex to eight meeting rooms for the Church of God, 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 Sections 2.4.5(D}{5) and 3.1.'I of the Land Development Regulations, subject to submittal of site plan, landscape plan and floor plans which include: 1. Addressing aA City Fire Department and Building Department technical items prior to issuance of a certificate of occupancy. 2. Revising the proposed first floor plan to accommodate a handicap bathroom facility. 3. Revising the proposed second floor plan to graphically depict a rear exit from the southeast meeting room and add rear exit stairs leading downstairs outside. 4. Providing three (3) existing handicap parking spaces shall be made to be ADA compliant with associated ramps, curbing and striping. 5. Identifying the height of the existing structures (i.e. church and duplex buildings) in the site data chart or on the building footprint on the site plan. 6. The exteriors of the .church and converted. duplex building shall be color coordinated to demonstrate unity of character between the two sites. 7. Upgrading landscaping far the entire site to include, but not necessarily be limited to foundation plantings for the converted duplex and in the area east of the duplex building. 8. Provision of a separate existing and proposed floor plan for comparison. Staff Report Prepared by: Candi N. Jefferson, Senior Planner Attachments: Location Map, Appendix A, Appendix 8, Floor Plans, Survey, Site Plan Planning & Zoning Board Staff Report: Meeting of 07/21/08 Church of God -Modification to the approved Conditional Use involving a change of use from Duplex to Meeting Roams Page 8 APPENDIX A CONCURRENCY FINDENGS Pursuant to LDR Section 3.7.1{B}, 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 #o require the provision of, needed capital improvements for the following areas: Wafer and Sewer.• « Water service is existing on the site via a service connection from a 6" water main running north-south within the right-of-way of SW 5t~' Avenue and east-west within the right-of-way of SW 2nd Street. • Sewer service is existing on the site via a service lateral from a sewer line running north-south within the right-of-way of SW 5~' Avenue and east- west within the right-of--way of SW 2nd Street. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Sfreets and Traffic: A traffic statement has been provided for th eighty-four {84) total daily trips is anticipated of use from duplex to meeting raoms. There volumes anticipated. e proposed development. A total of to be generated by the conversion is no significant impact from traffic Parks and Recreation Facilities: Park dedication requirements do not apply to non-residential uses. Thus, the proposed development will not have any impact with respect to this standard. Solid Waste: The prior duplex use generated 1.6 tons of solid waste per year. The proposed church use (1,136 sq. ft.) will generate 0.909 tons of solid waste per year. Thus, there will be a net decrease of 0.691 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2021. Planning & Zoning Board Staff Report: Meeting of 07/21/08 Church of God -Modification to the approved Conditional Use involving a change of use from Duplex to Meeting Rooms Page 9 Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainaq~_ Drainage will be accommodated on site via a grass swale area. There should be no impact on drainage as it relates to this standard. Pkanning & Zoning Board Staff Report: Meeting of 07/21/08 Church of God -Modification to the approved Conditional Use invokving a change of use from ©upiex to Meeting Rooms Page 10 APPENCJI~C B STAf~DARDS FOR S[TE PLAN ACTIONS A. Building design, landscaping and lighfing (glare} shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable X Meets intent of standard Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists and vehicles in a manner consistent with policies found under Objectives D-7 and D-2 of fhe Transportafion Element Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of fhe Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect fhaf any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined fhaf the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant Iand which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. ' Not applicable X Meets intent of standard Does not meet intent Planning & Zoning Board Staff Report: Meeting of 07/21/08 Cfzurch of God -Modification to the approved Conditional Use involving a change of use from Duplex to Meeting Rooms Page 11 F. Property shat! be developed or redeveloped in a manner so that the fufure use and intensify are appropriate in terms of soil, topographic, and other applicable physical considerations; complemenfary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X -after related conditions of approval are met respective to color coordination between the two facilities and landscaping upgrades Does not meet intent G. Redevelopmenf and the development of new land shall result in the provision of a variety of housing Types which shall continue fo accommodate the diverse makeup of the City's demographic profile, and meet the housing needs idenfified in the Housing Element. This shall be accomplished fhrough the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The Cify shall consider the effect fhaf fhe proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in Perms of fheir potential to negatively impact the safety, habitability and stability of residenfia! areas. !f it is determined that a proposed development will result in a degradation of any neighborhood, fhe project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent !. Development shall not be approved if Traffic associafed with such development would create a new high accident location, or exacerbate an existing situafion causing it fo become a high accident locafion, without such development taking actions fo remedy fhe accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing .developments as part of the design to accommodate households having a range of ages. 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I oc~i. e~s~; ~ T w~~~ ~ ~ c „ ~ ~ ~ ~ ~ ~s®~g~~~~ °~ e ~ X ~ ~ - ~ a _~ ~ ~ ~ ~ ~ ~ ~ ~~6 ~ £ ~ s ~ R J _ N I - - .YC'OC a . ~_~_ J - ,~~ q q y 5$ a ~ ~ I . Ul ~ te / m ~ F m~ d°.3 . iF= < ~ I 9 a .AO'OS -- 00' S 7 .5 ~ ~+~ .0 c ~« :g .. - 5 i ' 3 ~ N dl,es°I» ~ n 1N3W3AVd 1lVHd5Y 9NiiS t%3 earo ~nm _s f ~__ __ ~_ _, _- -_-_- , _.-_-_____-._ _-__ _-_ 1 %1)1 .04 1 _ ~315N3AV H35 lA5 _ i 00'Bfl ~ c ,B~ 3 e o - ' I w s soa, °~ ~ _ I o <'zz - I I u w .- ea _` z F. I I o m = x ~ ~d z ~< m 5'SI r ' - i I I o ~ _ r ~- o m "' Si. o I J n r a _ Q o ~ ~ o z - I i ~ y b 'u I N c Ill I . RR m ) ~ i i om ~q I ~ .SZ'I - fa~se - ~ .00'Bfl ~ [03Afl$dW lNfl) A3llY .91 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan Ruby, City Attorney DATE: July 21, 2008 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 REVISIONS TO RISK MANAGEMENT POLICY ITEM BEFORE COMMISSION The attached policy revision pertains to the Risk Management Policy regarding Bodily Injury, Property Damage & Worker's Compensation Claims and Litigation and Settlement Authority. BACKGROUND The proposed policy revises the former Risk Management policy pertaining to cases, claims and litigation. It also includes reporting, investigation, and administration issues as well as settlement authority and releases. Further, it includes updated settlement authority provisions that were inadvertently deleted with the revisions that were made in December, 2007. Due to the changes in the amount of settlement authority, our office would like the City Commission's authorization before moving forward with the policy changes. The changes to the policy regarding settlement authority are as follows: Under the old policy, all claims under $10,000 could be settled by a committee consisting of the City Attorney, Risk Manager and Assistant City Manager. Claims over $10,001 and all litigation required City Commission approval. Under the proposed policy, the Risk Management Division shall have authority to settle all claims for property damage under $10,000. From $10,001 to $15,000 will require consultation with the City Attorney's Office prior to settlement. The City Attorney's Office shall have the authority to settle all bodily injury and other claims and litigation up to $10,000 and shall require consultation with the Risk Manager and Assistant City Manager prior to settling bodily injury or other claims or litigation over $10,001 but under $15,000. All claims and litigation over $15,001 shall require approval of the City Commission except that worker's compensation claims up to $50,000 shall be settled by the Risk Management Division and Human Resources Director and all worker's compensation claims over $50,001 shall require the Risk Management Division and Human Resources Director to consult with the City Manager who will have final settlment authority in these cases. Please find attached a copy of the proposed policy as well as the existing policy that was enacted in December, 2007 and the earlier policy that included settlement authority amounts. Also, please find attached all relevant forms pertaining to this policy. RECOMMENDATION The City Attorney's Office recommends approval of the revised settlement authority limits. ADMYNISTRATYVE SLTB.XECT: RISK MANAGEMENT C1 Of Delray POLICIES AND PROCEDURES MANUAL Bodily Injury, Property Damage, and Worker's Compensation Claims and Litigation, Investigation, Reporting, Beach Administratiion, and Settlement Authority NUMBER REVISIONS EFFECTIVE PAGE 1 OF 3 RM-2 3 DATE: SUPERSEDES APPROVED BY: RM-1 a, RM-Z, Rev. 1, RM-2a, RM-2b, ItM- 13 Rev. 3 David T. Harden, City Manager Re ealin RM-2 in its entire and enactin anew RM-2 as follows: RM-2.0 Purpose 1. _ This policy „provides direction relating to the investigation, reporting and settlement authority ofi bodily iniury, property damage _worker's compensation. and other claims and litigation. RM-2.7 Forms 1. A!I claims shall be re orted to a ro riate de artmental man ement and the a ro riate forms shall be com leted as r ferenced herein. a. Attachment A, "Initial Notice of Claim", shall be completed by the City's Risk Management Division for al! claims against the City regarding Bodily Injury andlor Property Damage. b. Attachment B, "Vehicle Incident Record", shall be comnle_ted for all City vehicles by the Department Head as soon as inciden# involving City vehicf is re orted b em to ee. c. Attachment C, "Physical DamagelTheft of Citv Property~Non-Vehicular Incident Record", shall be completed by a Supervisor in Department wherein damage to or #heft of Cif property occurred. d. Attachment D, "Third Pa ProAertY Damage (Non-Vehicular? Incident Record", shall be completed by the Risk Management Division regarding damage to non-City property. e. Attachment E, "Vehicle Accident Investigation Report", should be completed by the Supervisor of Employee involved ire an automobile accident. SUB.lECT: Risk Management: Property & Casualty Claim Reporting & Administration and Settlement Authority NUMBER: RM-2, Rev. 3 PAGE: 2 of 3 RM 2.Z ,Investigation of Claims 1. The City's Safety Specialist or his/her desig_n~e shall investigate aII bodil~iniur~ accidents re orted within five~5) business days to ensure that the accident sponsored event All investigations shall be handled in accordance with the, ractices and techni ues outlined in the Ci 's Accidenf Invesfi afion Polic RMS-1. RM 2.3 Responsibility for Administration of Claims 1. The Ci„y Attorney's Office shall administer a_ II_claims and litigation not otherwise dele ated s eciticall to others. 2. The Risk Mana ement Division shall coordinate the investi ation re air and settlement of all property damage claims. 3. „T~e Risk .Management Division shall administer all claims for statutory_worker's compensation benefits- and direct all settlement negotiations through the City's #hlyd party claims administrator. RM-2.4 Worker's Comeensatlon Settlement Authority 1. All worker's compensation settlement negotiations shall be directed to the City's Third-Part Claims Administrator. The Risk Mana ement Division shall administer all mediated and other similar formal offers of settlement of worker's compensation claims up to and includin_ 50,000.. which shall require final settlement approval of the Human Resources Director. 2. The Risk Management Division shall administer mediated and other similar formal offers of settlement f worker's com ensation claims of 50 001 and whom shall have final settlement authority. RM 2.5 Proaertv Damage Settlement Authority 1. The Risk Management Division shall have the authority to settle all claims of property .damage up to and including $10.000. if there is actual or potential bodily iniury, then final settlement apQ;oval of prOAertY damn ecLC_laims or litigation shall require approval of the City Attorney's Office. SUBJECT: Risk Management: Property ~ Casualty Claim Reporting & Administration and Settlement Authority NUMBER: RM-2, Rev, 3 PAGE: 3 of 3 2. The Risk Management Division shall consult with and obtain the approval of the City Attomev's Office prior to settling all claims of ~rope_rt~dama_ae to third parties of 510.001 up to and includin_ 515 000. 3. The Risk Management Division shall consult with and obtain the concurrence of the City Attornev~s Office prior to making a recommendation to settle any claims of property damage of $15.001 or greater. which shall require final settlement approval of the Citv Commission, RM-2.fi Other Settlement Authority 1. _ The Cit Attomey's Office s11a11 have the authority to settle all bodi„y injury and other claims and liti ation u to and includin 1 D 000. 2. The Citv Attomey's Office shall obtain consultation and concurrence of both an Assistant Ci Manager and. the Risk Manager and shall have the authority to settle all bodily ln.~ury and other claJms and litigation of $10 001 up to_and including. $15.000. Ifi concurrence cannot be achieved, then the City Attorney's Offce shall take the claim or litigation to the City Commission for final settlement royal. 3. The City Attorney's Office shall obtain final settlement approval of the City Commission for claims nr litigation of 515,00'1 or Greater. RM-2.7 Release Requirements 1. A11 settlements for claims or litigation shall require ~ "release" from future IeGal liabilities resulting from the same cause of action to be executed by the claimant before a settlement check can be issued. Attachment F. "Release of Claims for Property Damage". shall be the release used ~ Risk Management for routine, uncomplicated settlements of claims for ro erty dama a and Attachment G, "General Release", or other appropriate release as may be determined to be. agorogriate. shall be used for more complex settlements of pro arty damage claims which involve actual or otential bodil in'u and sh ll re uire the approval of the City Attofne~ Office, ATTACHMI=NT A CLAIMANT'S NAME_ CLAIMANT'S ADDRESS INITIAL NOTICE OF CLAIM CITY OF DELRA Y BEACH RISK MANAGEMENT DIVISION 1DONW1srAVENUE DELRAYBEACH, FL 33444 CLAIMANT'S TELEPHONE Work DATE OF ACCIDENT TIME OF ACCIDENT SPECIFIC PLACE OF ACCIDENT (Street Name) Home AM or PM DESCRIPTION OF ACCIDENT NAME AND ADDRESS OF WITNESS TO ACCIDENT IF BODILY IN7URY/PROpERTY DAMAGE CLAIM What property was damaged? Who and what part of body was injured? GENERAL INFORMATION What ambulance service responded and/or hospital used? What Police Department responded? Case Number Ta whom within the City was the claim reported? OTHER COMMENTS CLAIMANT CONSIDERS NECESSARY DR RELEVANT Claimant's Signature Date [a Please check box if additional information is on other side of this form ATTACHMENT B -~- City of Delray Beach - (Risk Management) Vehicle --ACCIDENT INVESTIGATION REPORT -- {This report is grepared in anticipation of litigation} Note: Supervisor must Jill out this report completely and in a timely fashion. Failure to provide accurate and complete information may result in this report being returned to the applicable Supervisor {through his/her Department Head) for proper completion. This report must be: completed and signed/dated by the applicable Supervisor within the fourth full workday fallowing the accident; reviewed and signed/dated by the applicable Division Head grid Department Head within the siarth,fuU workday; and, received by the Risk Manager and the Safety Specialist withnt: the eight full workday. 1. Employee (Driver}: 2. Dept./Div./Code: 3. Vehicle #: 4. Vehicle yearlmakeltype: 5. Vehicle pia#e #. b. Accident date: 7. Time: 8. Police report #, if applicable: 9. If required by the City's Accident Investigation Policy, were Police contacted? IF not, why not? 10. Accident location: 11. Names of passengers in City vehicle {or employee-owned vehicle being used on City business), if applicable. If passengers are other than City employees, addresses and phone numbers are required. 12. Names of injured persons {including pedestrians), if applicable. If injured persons are oilier than City employees, addresses and .phone numbers are required. 13. If City employees were injured, have "First Rettorts of Iniury" been sent to Risk Management? If not, why not? (Continued on following page) ATTACHMENT B (Continued) Page 2 of 3 14. Were vehicle occupants wearing seat belts? 1f not, why not? 15. Names of witnesses, if any. If witnesses are other than City- employees, addresses and phone. numbers are required. 1b. Did Supervisor conduct investigation at accident scene? If not, why nat." l7. Based, as applicable, on information supplied in the police report and by drivers,. passengers and witnesses, an assessment of the accident scene and an inspection of damaged vehicles, etc„ describe how the accident occurred. 18. What did the driver (employee} do or fail to da that caused or contributed to the accident? Be specific: too fast for conditions; not watching road; following too closely; passing, cutting or crawling; not adhering to traffic signs and signals; improper backing; and/or improper turning,. etc. (Continued an following page) ATTACHMENT B (Continued) Page 3 of 3 19. Did the driver (employee) receive any traffic citations? If so, what were they? 20. Any vehicular mechanicai defects that caused or contributed to the accident, as deternvned by the City's Central Garage and/or an Authorized Dealer? 2]. What corrective actions have-been taken {x) or will be taken (o) to prevent recurrence? Mark all that apply. {) I. Vehicular mechanical defect repair/elinunation O 2. Reinstruct driver regarding safe driving techniques ( ) 3. Driver attendance at defensive driving school { ) 4. Drug/alcohol test if required by Administrative Policies & Pracednres {PER-12} or union contracts ( ) 5. Druglalcohol test for CDL drivers if required by Administrative Policies & Procedures (PER 9) { } b. Other actions (Describe): ( ) 7. No corrective actions necessary Z2. Who is responsible for corrective actians(s)? 2,3. Approximate time frame for corrective actions} to be implemented? Investigated by {Supervisor's signature/date}: Reviewed by (Division Head's signatureldate}: Reviewed by {Department Head's signature/date): Distribution: Original: Risk Manager cc:.Safety Specialist cc: Employee File - City of Delray Beach -- ATTACHMENT C Vehicle Incident Record (Physical Damage -Unknown Cause) Vehicle description /Number: Date 1 Time incident reported: Description of physical damage (cosmetic and 1 or mechanical): Department: Name of Employee who observed damage: Was damage observed via a °`tvalk-around inspection" of the vehicle by the driver? Yes ~ No _ If No, how was damage observed and by wham? Name ofEmployee who Iast operated the vehicle:: Supervisor's Signature: Date: • In Accordance with the City's Administrative Policies & Procedures Manual (GA-4b - Damage to City Vehicles), this record must be completed and distributed within 24 hours from the time that the incident was reported. Original: Central Garage cc: Department and/or Division Head cc: Supervisor cc: Risk Management cc: Safety Specialist Document ][RVPD Revised (711/00) ATTACHMENT D - City of Delray Beach -- Physical Damage !Theft of City Property (Non -vehicular) Incident Record Property description: Property in possession of: Date 1 Time of incident: Dept. /Div.: Description of physical damage /Theft: How did physical damage 1 Theft occur? Corrective actions to prevent recurrence: Supervisor's Signature: Date: Original: Department and/or Division Head cc: Risk Management Document i[1iPD Revised 518107 ATTACHMENT E ~» City of Defray Beach -- Third Party. Property Damage. (Non -Vehicular) Incident Record Property owner and address: ' Property description/[ocation: Date /Time of incident: Dept.. /Div.: nescription of damage to property: Aow did property damage occur? Corrective actions to prevent reoccurrence: Supervisor's Signature: Date: Original: Department andlor Division Head cc: Risk Management cc: Safety Specialist Document IRGLPD (2~1-Q6) ATTACHMENT F RELEASE OF CLAIM FOR PRDPERTY DAMAGE ONLY The undersigned, being of lawful age, for the sole consideration of Dollars {$ ~ to be paid to doldoes hereby release and discharge the City of Delray Beach, a Florida municipal corporation, from furthe liability in regard to property damages sustained as a result of or fram the accident, casualty, ar event which occurred on or about the day of , 20 at or near This release is for property damage and would not pertain to or have any bearing on bodily or personal injuries to the undersigned that were sustained as a. result of this accident. It is understood and agreed that this release is not to be construed as an admission of liability on the part of the City of Delray Beach. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. Claimant Signature Date Print Name Witness Signature Date Print Name release3.doe ATTACHMENT G GENERAL RELEAiSE TO ALL WHOM THESE PRESENTS SHALL COI1rIE OR MAY CONCERN, GREETING: KNOW ALL persons by these presents that Y, , herein called Releasor, with intent to legally bind myself, my heirs, Legal representatives, successors and assigns, do execute this Release in favor of the C)(TY OF DELRAY BEACH, FLORIDA, herein called Releasee. In consideration of the sum of {$ _ } lawful money of the United States of America, T voluntarily and knowingly discharge Releasee, its employees,. agents or servants,. and its successors, and assigns of and from all and all manner of action and actions, cause and causes of acfiion, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which said Releasor ever had, now has or :hereafter can, sha11 or may have, for, upon or by reason of any matter, cause of thing whatsoever, from the personal/bodily injury sustained on or about , 20~, as a result of an incident which accursed at in Delray Bc:ach, Palm Beach County, Florida. I authorize the Releasee to pay in consideration of this Release directly to: Releasor intends that this Release shall extend in all respects to Releasee's agents, employees, servants, successors, and assigns. It is understood and agreed by Releasor that payment of the sum mentioned herein is made in compromise of a disputed claim and .shall not be construed as an admission of liability by the Releasee or any other person, association or corporation which is or might be claimed to be jointly and/or severally liable to the Releasor as a result of the occurrence. It is further understood that this Release. expresses a full and complete settlement of a Iiability claimed and denied, and regardless of the adequacy or inadequacy of the amount paid it is intended by Releasor to avoid litigation and to be a full and final and complete settlement_ Releasor warrants that no promise or inducement has been made or offered for this Release except. as herein set forth; that this Release is executed without reliance on any statement or representation of Releasee or by any agents or representatives of Releasee as to the nature or extent of any losses, injuries, or damages, or the legal liability therefor; and that Releasor is of legal age and is legally competent to execute this Release. Further, the undersigned Releasor accepts responsibility for and agrees to pay from the consideration for this Release any lien, claim or bill which may be enforceable under the Worker's Compensation Act of the State of Florida, statutes allowing .lien rights for hospitals or ,. ATTACHMENT G any other statutory or common law lien, including but not limited to liens for attorneys fees and costs, which may be applicable, and including but not limited to claims by treating medical personnel and their assigns. The Releasor further agrees that in the event any such lien or claim is claimed against the Releasee, it will indemnify and bald harmless the Releasee for any such payment which is required, including casts and attorney's fees attendant to the defense of such claims. Releasor further states that he/she has read this General Release and has reviewed it with his/her attorney; that there was absolutely no agreement, understanding ar reservation not expressly stated herein; and that the above-stated sum of ($_ __ ) is the sole consideration to the Releasor for this Release. IN WITNESS WHEREFORE, has herein to set his/her respective hand and seal this day of _ , 20_, at Palm Beach County Florida. In the presence of: Witness ,Releasor Witness STATE OF COUNT~C OF The foregoing instrument was acknowledged before me this day of , 20 , by ,who is personally known to me or has produced as identification. Signature of Notary Public - State of Florida ADMINISTRATIVE SUBJEGT: RISK MANAGEMENT • t f C POLICIES AND PROCEDURES Property ~ Casualty Claim l ~/ O MANUAL Reporting 8~ Administration l C ]e ray NUMBER REVISIONS EFFECTIVE PACE ~ of ~ B~1Cf'1 RM-2 2 DATE: December 20, 2007' SUPERSEDES RM-1 a, RM-2, Rev. APPROVED BY: ~~ ~ f . 1, RM 2a, RM 2b, David T. Harden, City Mana r RM-13, Rev. 3 M-2.q Pur ose This policy establishes the procedures for departmental reporting of insurance related claims far: 1. general liability (bodily injury and property damage); 2. auto liability (bodily injury and property damage); 3. City property damage, including vehicles, caused by fire, wind, flood, collision, vandalism & malicious mischief {V&MM) and theft. This policy provides direction related to accidents in which the City is alleged to have been negligent or in which the City's properly has been damaged or stolen. The City Attorney's Qffice and/or Risk Management will assume responsibility to take the necessary actions to administer and settle such claims. RM-2.1 General Liabilit~Glaims 1. General liability claims result when a third party (e.g., member of the public or a business entity) alleges that because of the City's negligence they incurred bodily injury (e.g., trip & fall on a sidewalk, slipped on rain water in City Hall lobby), or their personal property was damaged {e.g., sewer pipe back-up into a home or business, underground cable damaged). 2. All general liability claims must be reported to appropriate departmental management .and the related departmental procedure followed, making sure to include to the extent possible: (a) information as would be requested of claimant by Risk Management on Attachment A (Initial Notice of Claim to City of Delray Beach, Florida}; (b) Attachment D if property damage is involved, (Third Party Property Damage, Non-Vehicular, Incident Record); and (c) photographs of the accident scene. This claim information must be given to Risk Management as soon as practical. 3. The involved department will investigate the accident as soon as possible to make sure the accident scene is secure and safe, to determine whether or not the accident occurred on City owned property (versus County or State) or whether City related activities were involved, and to determine the accident cause(s) and corrective action{s). If bodily injury is involved, fhe City's Safety Specialist must be contacted as soon as practical to coordinate the investigation. In all accidents, Risk SUBJECT: Property & Casualty Claim Reporting & Administration NUMBER: RM-2, Rev. 2 PAGE: 2 Managemen# must be noted as soon as possible. (NQTE: The City's Accident Investiga~on Policy, RMS-1, explains good aocident investigation practices and techniques.} 4. Risk Management will. assume the responsibility to coordinate with appropriate parties: City At#omey's Office, Police, Fire, third party claims administra#or, department personnel, claimant (see Attachment A), etc. Risk Management generally will administer claims involving property damage. The City Attorney's Office-will administer claims involving bodily injury andlor an outside legal counsel. RM-2.2 Auto Liabili#v Claims 1. Auto liability claims result when a City vehicle, or an employee-owned vehicle that was being used on City business is in an accident resulting in bodily injury or properly damage to a third party. 2. All auto liability claims must be reported to appropriate departmental management and the related departmental procedure followed. In addition, the City's Accident investigation Policy, RMS-1 must be followed, including completion of the "Vehicle, Acciden# Investigation Report (Attachment E} as instructed in RMS-1. 3. Risk Management mus# be notified immediately .and will assume responsibility to coordinate with appropriate parties: City Attorney's Ofi'<ce, Police, Fire, third party claims administrator, City's appraiser, department personnel, claimant and their insurer, etc. Risk Management generally will administer claims involving property damage. The City Attomey's Office will administer claims involving bodily injury andlor the claimant's outside legal counsel. RM-2.~ Ciiy Property Daman--Auto P~sical Damac~iT i~ft 1. Whenever a City vehicle is involved in an accident, the accident must be reported to appropriate departmental management and the related departmental procedure followed. In addition, the City's Accidenf investigation Policy, RMS-1 must be followed, including completion of the "Vehicle, Accident Investigation Report (Attachment E) as instructed in RMS-1. 2. Rislc Management must be notified immediately and will assume the responsibility to coordinate the repair and settlement of the claim wit~t appropriate parties: Fleet Maintenance, departmental personnel, City's appraiser, third party administrator, claimant and their insurer, purchasing, etc. 3. Reference RM- 5, Disposal of Totally Wreaked Vehicles, for claims involving a City vehicle which is damaged so severely that repair is not possible and it can only be sold as scrap. SUBJECT: Property & Casualty Claim Reporting & Administration NUMBER: RM-2, Rev. 2 PAGE: 3 4, Reference RMS-1, Accident lnvestlgation Polr'cy, using the form "Automobile, Incident Record, Physical Damage -- Unknown Cause" {Attachment B) to report City vehicle damage due to an "unknown cause", .e.g., parked overnight. R - .4 C Pro a Dama a -Fire: V&MM Accident and T eft 1. For non-vehicular City property damage or theft, the "Physical DamagelTheft of City Property -Incident Report" (Attachment C) should be used. to report the claim to Risk Management. 2. Risk Management will assume the responsibility to coordinate the settlement of the claim with appropriate parties: departments! personnel, liable third parties, third party claims administrator, etc. 3. When a departmentldivision replaces or repairs property lost or damaged either through fire, vandalism, accident, .or theft, the first $500 will be charged to the department's/division's expense and the balance of the foss will be coded to the Proper#y Claims expense code which wil! be assigned by the Risk Management Division. All claim requests must be sent to Risk Management and must be accompanied with the loss report, the police report, and the department's account number to be charged for the $5Q0 deductible. A memorandum from Risk Management will be sent to the Purchasing Manager supporting the claim, indicating -the .account codes to be used for the repair or replacement of property, :and authorizing payment to the vendor. AT'TACt~MEN~ A lNlT1AL NOTICE OF CLAIM CITY OF DELRAY BEACH RISK MANAGEMENT DIVISION 700 NIA/ 7s~ AVENUE DELRAYBEACf1, FL 33444 CLAIMANT'S NAME CLAIMANTS ADDRESS CLAIMANT'S TELEPHONE Work Home DATE OF ACCIDENT TIME OF ACCIDENT AM ar PM SPECIFIC PLACE OF ACCIDENT (Street Narne) - ~ - DESCRIPTION OFACCIDENT NAME AND ADDRESS OF WITNESS TO ACCIDENT iF GENERAL LIABILITY CLAIM What property was damaged? Who and what part oi' bady was Injured? IF AUTO LIABILITY CLAIM Accident Vehicle (Make, Model, Year) What was damaged on Vehide? Who and what part of body was injured? GENERAL INFORMATION What ambulance service responded and/or hospital used? What Police Department responded? Case Numf~er To whom within the City was the claim reported? OTHER COMMENTS CLAIMANT CONSIDERS NECESSARY OR RELEVANT Cialmant's Signature Date r~ Please check box tf additional information is on other side of this farm -- City of Delray Beach -- ATTACRMENT B Vehicle Incident Record {Physical Damage -Unknown Cause) Vehicle description /Number; Date !Time incident reported: Department: Description of physical damage {cosmetic and / or mechanical}; Name of Employee who observed damage: 'Was damage observed via a"walk-around inspection" of the vehicle by tlae driver? Yes ~'f No, how was damage observed and by whom? Name of Employee who last opera#ed the vehicle: S:epervisor's Signature: Date: • Ln Accordance with the City's Administrative Policies 8c Procedures Manaal (GA-4b -Damage to City Vehicles), this record must be co~npletcd and distributed withiia Z4 hours from the time that the incident was reported. 4riginar: Central Garage cc: Department andJar Division lead cc: Supervisor cc: Risk Management cc: Safety Specialist Document IRVPD No Revised [7/X/0 -- City of Ilelray beach - ATTACHMENT C Physical Damage 1 Theft of City Property (Non -Vehicular) Incident Record Property description: Property in possession of: Date /Time of incident: Dept. /Div.: Description of pE~ysical damage /Theft: How did physics! damage /Theft occur? Corrective actions to preveat recurrence: Supervisor's Signature: Date: Original: Department andlor Division Dead cc: Risk Management Document IRPD Revised 51$J07 • ~ -- City of Delray Beach -•- A~xAC~s~Nx n Third Party Property Damage {Non ~VeLicuiar} Incident Record Property owner and address: Property deseription/location: Date /Time of iecident; Dept. / Div Description of damage to property: How did property damage occur? Corrective actions tv prevent reoccurrence: Supervisor's Signature: Date: Uriginai: Department and/or Division Head cc: Risk Management cc: Safety Specialist Document IRGLPD ~x-~-as> .ai ,~ L~•E'~~"a~I B-each RM-1a~0 Puxpose: ADMINISTRATIVE ~CLICIES A(~D PRQCEDURES ' MANtlAi. N[IMBFR RM la svp~RSEass 2/151$7 SU83£CT: 1tI5K M?,NAG~NT Claims Review Committee aad Settlement Authority REVr520N5 ~.FFFE.CTIVE DATE; 1 /]..Iun~ 29, X989 AFpROVED r ~S4K1iR~~y' _~$ z. WALTER , t Mana er Fi4G£ 1 . of 2 r~ The purpose of this directive is to establish procedures and define claicas settlement authority. RM-1a.1 Procedures: The Claims Review Committee consisting of the Assistant City Manager/ Management Services, City Attorney, Finance Director, Personnel/Labor Relations Director and Risk Management Director has defined authority and settlement ,procedures for claims relating to insurance/Self Insurance: ,A. Liability Claims; InciudinA Matters In Litigation: 1. Bask Management Airector, with advance noCice to and consultation with the G3ty Attorney, to have aurhority to settle liability claims up to X1,000. '~~ 2. Risk Management• _ Director, •- E.ssistant .City Manager :and. the City At-t~rney ,jointly to have' authority to Settle l.~tabiii i claims • in amounts up tv. y10, 000. - . 3. For c~afms in amounts between $6,001 ahd u.p to ;I0,000, the Risk Manage- me t Director and t1ae.Gity A'ttornsy shall seek the ingot of ' the Clafans Review ~Comatittee. 9• 4. Claims amounts $10,001 and above and liti ation matte involving for damages for negligence, to be presented to the City Commission kith a recommendation from the Gla#ms Review Committee, provided however that'• the City Attorney shall have authority to settle•Iitigation matters in amounts not to exceed $.1•,500, with subsequent not ce to t e City Commissd.an. $.• Cit Pro ext Claims: 1. Risk Management Director and AssistentCity Manager ~to have authar;lty to settle damages to City: roperty by low hid and/cr competitive repair estimates in arinunts ~~v to 5,000, and' shall so notefy the City Attorney thereafter. 2. .Risk Management Director enc s=s.~r: C=t~ ilanager to have authority to settle damages rc Cf~=• ~ropert}~ by low hid andlor competitive repair estimates in araounw;= between $5,001 and 510,000 with agreement from the City Attorre•:. v '~., ., ,~ ' R, `'4 SL1$3ECT: RISK MANAGEMENT CT.AIMS REVIEW CQLKMITT~ AND SL~TTI.EMENT AITTHURI~Y Page 2 3. Damages to City property amauntXng to aver $1Q,OOF to be referred to the Claims Review Committee far review, then presercced to the City Commissfoa with a recommeadatinn. ftM--la. 2 Pur ose The purpose of this directive i.s to estab3.ish procedures when claims. are subject to court ordered mediation. kk1-1a.3 Procedures When claims disputes are subject to court ordered mediation, the Risk Management Director snail. 6e auCborized to represent the Ci.ty's interests, accompanying the City Attorney ar Assistant City AtCaraey in attending mediation sessions. ' ~..1 - t i' y ~~.~ i i f I MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: July 31, 2008 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 APPOINTMENT OF PERSON TO FILL UNEXPIRED TERM OF COMMISSIONER MONTAGUE ITEM BEFORE COMMISSION Appointment of a person to fill the unexpired term of Commissioner Montague. BACKGROUND Pursuant to Section 3.08 of the City Charter if a vacancy occurs in the "Office of Commissioner" sixty or more days preceding the date of the next regular City election, (Commissioner Montague's resignation was effective July 18) and if the term of the Commissioner does not expire at the next March election, (this term does not expire until March of 2010) the person so appointed shall serve until the March election and the remainder of the unexpired term shall be filled at that election. Attached is a list of the applicants who submitted their names to be considered for appointment to the open commission seat. If the Commission cannot agree on an appointment no later than the second meeting following the resignation (August 19), then a special election must be called. RECOMMENDATION Commission discretion. COMMISSION SEAT NO. 4 APPLICANTS RANHING SHEET Mackenson Bernard Paul Cohen Evelyn Dobson Joseph Ferrer Angeleta Gray Jose Herrera Joseph Kaknes Robert Lewis Carmelita Smith Josh Smith Herman Stevens, Jr. Shelly Weil Name of Mayor/Commissioner MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: July 30, 2008 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 APPROVAL OF REQUEST -ROOTS CULTURAL FESTIVAL 2008 COUNTY GRANT ADVANCE ITEM BEFORE COMMISSION City Commission is requested to consider approval of a request received from Alberta McCarthy, Chairperson, Roots Cultural Festival, Inc., to provide a $10,000 advance for the 2008 Roots Cultural Festival to be paid back to the City once the County funding is received, and approval of the attached Agreement for Advance Funding for County Grants. BACKGROUND Attached is a correspondence received from Ms. McCarthy requesting the $10,000 advance of funds for the Roots Cultural Festival along with a letter of funding approval from Palm Beach County. Staff, with the assistance of the City Attorney's Office, has developed an advanced funding agreement, which we are requesting organizations to sign to ensure that all County requirements for the funding are met. FUNDING SOURCE Funding is available in account 001-1111-511-48.10. RECOMMENDATION Staff recommends approval for the request from Alberta McCarthy and approval of the attached Advance Funding for County Grant Agreement, to provide a $10,000 advance for the 2008 Roots Cultural Festival to advance the County commitment for funding. Jul 29 08 07:53a Gray 5612721832 ~~C~iWED sup ~ ~ ~oo~ AD S~E,RVI ES`VE HDaD.I~ .L. G~tEENE Commrssraner, District V77 Palm Beach County $nm^d of County Comr-eissavners Gavernmenaul Center, 72"' Hoar 3Qi North Olive Avenue tN~st Palm Beach, FlorZda 33401 (5d1} X55 Z20T ~: (Sd7} 355-d332 '~Souah Office; Southeast County Complex 345 Canc, jre&s As+Cnue Delray Beach, Florfda 33445 (567).276-7350 F~aar: (567} z7G-735,s agreene[c~co.paim-beach; fI.us .luly 25, 2008 Ms. Alberta McCarthy, Chairperson Roots Cultural Festival 85 South West 5th Avenue Delay Beach, FL 3344Q~ Re: Funding Approval Roots Ctilhtral Festival near Ms. McCarthy: p.l This is to serve as written anotification that 1 will contribute up to $10,000.00 from, the Distric# VIPs Recreational Assistance Program towards the 2008 Roots Cultural Festiva]_ As you know, this program operates on a reimbursement basis with certain criteria as previously discussed. If you have any questions, or need further assistance, please contact Gladys Whigham, my Administrative Assistant, at 56I 276-1350. X am also providing a copy of this letter to Susan Yinger, Grants Administrative Support Manager, who will initiate the contract agreement. i am very pleased to contribute towards the Festival. My very best wishes for a successful event. Sincerely, ~°,~r Addle L. Greene, Chairperson Palau Beach County Board of County Commissioners Cc: Deauus Eshleman, Parks & Recreation Director Susan Yinger, Grants Administrative Support Manager An Carps! Opporlvn(Cy .4JfirmativcAcdwt Employer' rn Jul 30 Cl8 p2:48p Florida 9544674331 p.l Roots Cultural Festival, lac. as s.w. sih Avenue Delray Beach, FL. 33444 561-274-03b5 Mayor Rita Ellis City of Delray B each 100 NW ls` Avenue Delray Beach, FL 33444 July 29, 2008 Re: Request to Advance Palm Beach County Grant Funds Dear Mayor Ellis: On behalf of the Roots Cultural Festival inc_, I am requesting that the City consider approval of advancing the $10,000 palm Beach County Grant we wi I1 be receiving through Addle Greene for this year's festival. Your assistance in advancing these funds last year greatly helped meet our financial goals and commitments. Sincerely, .~-! ~~1~ y Alberta McCarthy Roots Chairperson ec: Robert A. Barcinslci C:1~ocetments and Settiagslmacttrthy.a]bertall.aruE ScttingslTemp~rary lntemet P;Ics1oLK341Ltr to Mayor E[[is rc Advancem~t of PgC Graq~t 2008.doc July 29, 2008 Mr. Bob Barcinski, Assistant City Manager City of Delray Beach City Hall, 100 N.W. First Avenue Delray Beach, FL 33444 RE: PALM BEACH COUNTY -DISTRICT 7 RECREATION ASSISTANCE PROGRAM FUNDING FOR THE 200$ ROOTS CULTURAL FESTIVAL Dear Mr. Barcinski: Commissioner Addie L. Greene has requested that staff develop an Agreement in an amount not to exceed $10,000 to help offset costs for the 2008 Roots Cultural Festival. Funding is being provided from Recreation Assistance Program (RAP) -District 7. Please complete and return the attached Exhibit "A" Form so that we may prepare the required funding Agreement. When we have received the information requested above and insurance certificate(s) including worker's compensation coverage confirmation, we will prepare the Agreement and forward two originals for execution by Delray Beach. Funding will be provided on a reimbursement basis. On behalf of Commissioner Greene and the Board of County Commissioners, we look forward to again assisting with funding for this annual community event. Sincerely, Dennis L. Eshleman, Director Parks and Recreation Department DLEISWY Copy to: Commissioner Addie L. Greene, District 7 {Gladys Whigham) Alberta McCarthy Dennis Eshleman Carrie Ann Kopelakis, Rot}ert Ward (Engineering Department), Owen Miiley (Engineering Department) and Sheila Hulick, Budget Department " (No#e to Kopelakis, Ward, Miley, and Hulick: Funding far this project is from "Gas tax support".) AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND Roots Cultural Festival, Inc. {NOT-FOR-PROFIT AGENCY? FOR ADVANCED FUNDING FOR COUNTY GRANTS THIS AGREEMENT is made and entered into on _ _, 2008, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as °City", and Roots Cultural Festival, Inc._, a Florida Not-far-Profit Agency, hereinafter referred to as "Agency". WITNESSETH: WHEREAS, City, in conjunction with Agency, is rovides activities for the festival to include family fun day, parades,,, ,.. and weekend concert series (describe project) on _Auqust 8-10, 200$_ (date) at Old School_ Square and Pom~y Park {location); and WHEREAS, the Project is a community Project in Delray Beach financially sponsored by City and organized by Agency to rp omote Community unity and positive race relations. (purpose of Project); and WHEREAS, the total cost of the Project is anticipated to be approximately $_10,000 (amount); and WHEREAS, Agency has requested advanced funding from the City in an amount not to exceed $ 10,000_ (amount) to cover the amount of a grant to be received from Palm Beach County to help offset costs for the Project; and WHEREAS, City desires to advance funding to Agency to help offset costs for the Project until funding is received from Palm Beach County; and WHEREAS, Agency shall provide pertinent supporting documentation of the expenses incurred that were funded by the City advanced funds. WHEREAS, Agency's cultural arts, recreational, and/or community Project is deemed to serve a public purpose; and WHEREAS, both parties desire to enter into this Agreement to establish and set forth terms and conditions for advanced funding to be provided by the City to the Agency. NOW, THEREFORE, in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms and conditions: ARTICLE ! FUNDING AND METHOD OF PAYMENT 1.1 Funding. City agrees to advance funds to Agency in an amount not to exceed $ 1Q,IJOD (amount} the grant amount approved by Palm Beach County for event facility rental, printing and supplies, advertising, photographer, decorations, food andlor other miscellaneous expenses related to the Project, as specifically set forth in Exhibit "A", attached hereto and incorporated herein. 1.2 Notice. City will use its best efforts to provide advanced funds to Agency within thirty (3Q) days of receipt of the following information: a. A detailed written request for advanced funding provided to the City Manager or hislher designee. b. Event budget. c. Site plan. 2 d. Other information as required by the City Manager or hislher designee. 1.3 Forms. Agency shall complete the attached Advanced Funds Supporting Documentation Form on Exhibit "B", after the Agency expends the advanced funds. Said information shall list each vendor, description of approved expenses as stated in Exhibit "A"; date paid, check number, and amount paid. Agency's Project Liaison shall certify to the City that each purchase, as listed on the Advanced Funds Supporting Documentation Form was paid by Agency for the Project for which funding was approved. 1.4 Supporting Documents. Agency agrees to return the completed Advanced Funds Supporting Documentation Form along with supporting documentation including copies of detailed invoices and copies of cancelled checks (as proof of payment to the City within sixty (60) days after the eventlproject completion date. Upon written notification to City at least thirty {30) days prior to the event date, Agency may request an extension beyond the sixty (60) day period. Ci#y shall not unreasonably deny Agency's request for said extension. 1.5 Future Awards. City reserves the right not to award future advance funding if the approved Project expenses incurred and included on Exhibit "B" by the Agency do not match the amount of funds advanced. 3 ARTICLE II DISCRIMINATION PROHIBITED 2.1 Agency agrees, warrants, and represents that all of the employees and participants in the Project will be treated equally during employment, and for the provision of services without regard to residency, race, color, religion, disability, sex, age, national origin, ancestry, marital status or sexual orientation. ARTICLE III TERM OF AGREEMENT 3.1 Term. The term of this Agreement shall be until September 30, 2008 {date), commencing upon the date of execution by the parties hereto. ARTICLE IV TERMINATION AND DEFAULT 4.1 Default. The parties agree that, if the Agency is in default of its obligations under this Agreement, the City shall provide Agency (2} two weeks written notice to cure the default. if the Agency fails to cure the default within the {2} two weeks period, the City shall have no further obligation to honor future financial requests submitted by Agency for the Project deemed to be in default. 4.2 Termination. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by the City with or without cause, upon (2) two weeks written notice to the Agency. 4.3 Return of Unused Funds. In the event Agency ceases to exist, or ceases or suspends the Project for any reason, Agency shall notify the City in writing 4 and Agency shall return any remaining unspent portion of the advanced funds to the City. ARTICLE V GENERAL CONDITIONS 5.1 Federal, State, County and City Laws. Agency agrees to abide by, and be governed by, all applicable federal, state, county, and municipal laws, including but not limited to, City of Delray Beach ordinances, as said laws and ordinances exist and are amended from time to time. In entering into this Agreement, City does not waive the requirements of any City ordinance or the requirements of obtaining any permits or licenses normally required to conduct business or activity conducted by Agency. Failure to comply may result in City's refusal to honor financial requests for the Project. 5.2 Independent Contractorll~demnity. It is understood and agreed that Agency is merely a recipient of City funding and is an independent contractor and is not an agent, servant or employee of City. It is further acknowledged that the City only contributes funding under this Agreement and operates no control over the Project. To the extent permitted by law and without waiving the right to sovereign immunity as provide by Section 768.28, Florida Statutes, in the event a claim or lawsuit is brought against City or any of its officers, agents or employees, Agency shall indemnify, save and hold harmless and defend the City, its officers, agents, andlor employees from and against any and all claims, liabilities, losses, judgments, andlor causes of action of any type arising out of or relating to any act or omission of Agency, its agents, servants 5 andlor employees in the performance of this Agreement. The foregoing indemnification shall survive termination of this Agreement. 5.3 Insurance. Agency shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Agreement, insurance coverages and limits {including endorsements), as described herein. The requirements contained herein, as well as City's review and acceptance of insurance maintained by Agency are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Agency under this Agreement. a. Commercial General Liability. Agency shall maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence. b. Automobile__ REQUIRED IF PROJECT ,INVOLVES TRANSPORTATION) Agency shall maintain, during the life of this Agreement, comprehensive automobile liability insurance in the minimum amount of $500,000 combined single limit bodily injury and property damage for claims arising from damages for bodily injury including wrongful death, as well as from claims for property damage which may arise from the ownership, use, or maintenance of owned and non- owned automobiles, including rented automobiles, whether such operations be by Agency or by anyone employed by or contracting with Agency. Should Agency use independent bus companies for transportation, it shall require such company or companies to provide automobile liability on such buses in the minimum amount of $x,000,000 combined single limit bodily injury and property damage liability and shall include Agency and City of Delray Beach as Additional Insured. 6 c. Workers Compensation Insurance & ,Employer's Liability. Agency shall maintain Worker's Compensation & Employers Liability in accordance with Florida Statutes Chapter 440. d. Additional Insured. Agency shall endorse the City as an Additional insured. The Additional Insured endorsement shall read "City of Delray Beach, a Florida municipal corporation, its Officers, Employees and Agents." Agency shall provide the Additional Insured endorsements coverage on a primary basis. e. Certificatefsl of insurance. Prior to execution of this Agreement by the City, Agency shall deliver to the City a Certificate(s) of coverage evidencing that all types and amounts of insurance coverage's required by this Agreement have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30} day endeavor to notify due to cancellation or non-renewal of coverage. Certificate holder's address shall read City of Delray each, 100 N.W. 1sf Avenue, Delray Beach, FL 33444. 5.4 Audits. Upon request by City, Agency shall demonstrate financial accountability through the submission of acceptable financial audits performed by an independent auditor. 5.5 Records. Agency shall maintain books, records, documents and other evidence that sufficiently and properly reflect all costs of any nature expended in the performance of this Agreement for a period of not less than five {5} years. Upon advance notice to Agency, City shall have the right to inspect and audit said books, records, documents and other evidence during normal business hours. 7 5.6 Disputes. City and Agency may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 5.7 Venue. This Agreement shall be governed by the laws of the State or Florida and any and al! legal action necessary to enforce this Agreement shall be held in Palm Beach County. 5.8 Vendors. As provided in Section 287.132-133, Florida Statues, by entering into this Agreement or performing any work in furtherance hereo#, Agency certifies that is, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty six (36) months immediately preceding the date hereof, This notice is required by Section 287,133 (3)(a), Florida Statutes. 5.9 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. The Agreement may be modified and amended only by written instrument executed by the parties hereto. 5.10 Notice. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. mail. All notices shall be addressed to the following: 8 As to City: City Manager City of Delray Beach 100 N.W. 1 gt Avenue Delray Beach, FL 33444 As to Agency: Project Liaison 5.11 Third Parties. This Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: David ~iarden, City Manager Approved as to Form and Legal Sufficiency: City Attorney ATTEST: Print Name: AGENCY Roots Cultural Festival, inc. By: Print Name: Title: Print Name: 9 Recreation Assistance Program (RAP) Exhibit "A" to Agreement Name of Municipality: City of Delray Beach Mailing Address: City Hall, 100 N.W. First Avenue, Delray Beach, FL 33444 Name of Mayor: Rita Ellis Name of City Manager: David T. Harden Project Liaison Information: Name: Robert A. Barcinski Telephone #: (561) 243-7011 Fax #: (561) 243-7199 e-mail: barcinski@ci.delray-beach.fl.us PROJECT INFORMATION Name of Project: 2008 Roots Cultural Festival Project Description • General (Project Scope): The Cultural Festival includes a variety of activities including adult and youth basketball tournaments, family fun day, prayer breakfast, parade and weekend music festival. This is their 31g' year. • Public Purpose: To provide community unity, bringing people of different races together to join in celebration respecting differences. Promote and educate African American Cultural Society. • Location: Pompey Park and Old School Square • Anticipated Number of Participants/Users: 2, 000 Project Elements: List anticipated broad categories of Expenditure Items such as capital outlay, contractual services, personnel costs, operational expenses, equipment, and "Other Miscellaneous Project expenses". Do not include expenditure line item budget/ amounts Liability Insurance Rentals Contract Services Security Promotion/Marketing City Overtime Costs Estimated Lump Sum Total for Project: $ 32,000 Project Initiation date (date of first invoice for which reimbursement will be requested) and anticipated End date (date which project will be completed and all invoices paid). 7/1/08 to 8/30/08 Note: Invoices and copies of proof of payment documents will be required for Project/Program reimbursement after the RAP Agreement is approved by the Board of County Commissioners. Do not submit reimbursement documentation at this time. After the Agreement is approved, and the reimbursement request is submitted, all invoices and checks must be dated within the stated project time frame AND Gategories far Project Elements must be listed in Section 3 above in order to be eligible for RAP reimbursement. Required Attachments: rtificate of Insurance Amount of Recreation Assistance Program Funding awarded $ 10,000 GasTax to District 7 RAP (filled in by County) Form available online by request. Contact Susan Yinger at syinaerCcDobcaov.com EXHIBIT A Page t ' PALM BEACH COUNTY EXHIBIT B , ~ ~~~ PARKS AND RECREATION DEPARTMENT CONTRACT PAYMENT REQUEST Date Grantee: Project Name: Submission #: Reimbursement Period: Item Contractual Services. Salary & Wages (% of salariesy Materials, Supplies, Direct Purchases Equipment Travel Indirect Costs Project Casts Kew This Submission (C) (S) (M) (~) (~ (I) , Cumulative Project Costs TOTAL PROJECT COSTS C =Contractual services Key Le end `- 5 =Salary 8 Wages g B M =Materials, 5upplles, Direct Purchases i E =Equipment T =Travel i -I =Indirect Costs Certification: i hereby certify that the above Certification: I hereby, certify that the documentation has expenses were incurred forthe work identified as been maintained as required to support the project being accomplished in the attached pfogress expenses reported above and is available for audit upon reports. request. Administrator Date Financial pffice.r Date PBC USE ~NtY County Funding Participation $ Total. Project Costs To Date: $ County Obligation To Date $ County Retainage ( %) $ County Funds Previously Disbursed $ County Furlds Due this Billing $ Reviewed and Approved By: PBC Project-Administrator Date Department Director Date G:~SYINGER\F~RMS~3 Pg -Exhibit B.xls Page 1 of rid < N c7 p ._~, ~ ~ 4i • N >. O 7 ~ ~ ~~ 0 3 _ ~~ N ~ 7 ~ (p ~ `O' i ~ oZ Q ~~ m .~ ~ m m v S d N 7 O ~ . O d ~ ~ ~ N (D fT! n. m m N a •, O N io °- n o ~ ~ c N fD ~' o' ~ - ~s o~ ~ <~ ma v`< ~ O ~ ~ D ~' r ~ ~ d °' 7 U ~a o~ N Q' ~ C ?. C O (p N Q." O ~ n G E O ~n 7 tD ^" O n ~~ N ~ 7 O ~_ f~D ~ a t1 O1 3 fD C? f0 !n GI ~ 7 ~ Cl Q D S 01 N G ~ N -1~ N ~ Q ~ fD ~ o ~' .~~ m~ a IW ICh A IW N I~ IO Ic0 Oo i~ I~ Ich ~A ~W IN I ~ I~ Of ~D lD . 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N ~ .r ~ a• ~ m ~~~ x m t°n a c `' v m fA G m o ~ ~ a~ O ° N ~ C ~ ~ C1 O N r~ a ~ ~ 7 n n A N T'i v ~ tt4Nlliii 7 C! a ~. ~ ~ ~x a~ :., -~ ao z c~ m O :V Gi a X Q N m rn w ~ i A i N ~ ~ 7 N Q ~ ~ Z C :............ ........... ~............... C ~ ~ (~ ' ~ ~ C 0 °" n a ~ ~ A 4 z ~ 'fl ~ ~m ~ ~ ce mv~' ~~ a -i N a a ~~° ~ ~ n ~vn oy.. ~ ~ '' ~ 0 m7or m; 3 ~Qm ~ ~ C W c°. Q m ~ rn~ ~ ~ ~ N -12 ~ ~~~ D ~ f» Q o' m HOC) ~ O °1. 5i ~' . ~ C ~~ ~ ~ a~ ~ ~- I ! °'"~' L I l I I I I I I ~ ~ I I I I n ~~ ~~ o~ 3~ -o m ~•~ ~3 ~ a ~ . ~ . O ~ 3 Vi O N v -1111;Nn u ~ u u n u ~ n ~ ~) T ~ 4 ~ C 41 ~ ~ R • ~ ~ ~ ~~ ~ . ~ ~ ~ ~ y~ `G . j ' m W Qo f3 a ~ N L ~ ~ N ~ ~ N (Ad 7C: m N ~ ~ w ~ ~ 'o ~ a T w v w m a a' a ~~e ~~m ~m~ -~ j M ~. yam ~ m N a ~ 5' c ~ Q~ 4 ~i c ~ ~ ro -o ~a ~ 7 O C1 .y. ~ N ~ 7 d ~ rn rnZ v -~ c r m m ~__ dm ~~ W MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: July 29, 2008 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 APPOINTMENTS TO THE PLANNING & ZONING BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Planning & Zoning Board. BACKGROUND The terms for Ms. Deborah Dowd, Mr. Paul Zacks, Mr. Joseph Pike and Mr. Cary Glickstein will expire on August 31, 2008. Ms. Dowd, Mr. Zacks and Mr. Pike will have served one (1) full term are eligible and would like to be considered for reappointment. Mr. Glickstein will have served an unexpired term is eligible and would like to be considered for reappointment. There will be appointments made for four (4) regular members to serve two (2) year terms ending August 31, 2010. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. 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 with the exception of Ms. Deborah Dowd who has a code violation for having a dog on the municipal beach. The case history report is attached for your review. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Mayor Ellis (Seat #5), Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2) and Commissioner McDuffie (Seat #3) for four (4) regular members to serve two (2) year terms ending August 31, 2010. RECOMMENDATION Recommend appointments of four (4) regular members to serve two (2) year terms ending August 31, 2010. PLANNING & ZONING EXHIBIT "A" Michael D'Addio Real Estate-President Shannon Dawson Self-employed/Real Estate Consultant (also applying for the Budget Task Force, Downtown Development Authority and Historic Preservation Board) Deborah Dowd Educator Incumbent Joe Farkas Financing Jennifer Garrison Self Employed Consultant (also applying for the Budget Task Force and the Downtown Development Authority) Bruce Gimmy Retail Cary Glickstein Land Use AttorneyBusiness Owner-President Incumbent Sigurdur Hardester Sales Manager (currently on the Board of Adjustment) David Haycock Liability Claims Adjuster (also applying for the Public Employees Relations Commission) James Houck Property Manager (also applying for the Downtown Development Authority; currently serving on the Board of Adjustment) James Khalil Engineer/President Lynn Klein Independent Healthcare Consultant (also applying for the Budget Task Force) Mark Krall Attorney Conner Lynch Insurance (currently serving on the Site Plan Review and Appearance Board) Eileen Marks Retired-Banking (also applying for the Downtown Development Authority and the Budget Task Force; currently serving on the Nuisance Abatement Board) Gail-Lee McDermott Administration (currently serving on the Neighborhood Advisory Council) Ralph Morse Vessel Examiner Bryce Newell Real Estate Broker Joseph Pike Engineer-Business Owner/President Incumbent Mel Pollack Security-Director (also applying for the Historic Preservation Board; currently serving on the Board of Adjustment) Jerome Sanzone Building Official PLANNING & ZONING EXHIBIT "A" Cheryl Shaffner Real Estate Harvey Starin Real Estate (also applying for the Budget Task Force; currently serving on the Board of Adjustment) Herman Stevens Attorney-Business Owner (currently serving on the Downtown Development Authority and the Parking Management Advisory Board) George Thacker Account ExecutiveBusiness Development Manager (currently serving on the Code Enforcement Board) Paul Zacks Attorney Incumbent 1 ! w 1 I I 1 H W I W I H t7 I E-1 I (~ I A,' I ~ (y Iq IQ I I 1 Cq I m , ~ 1 ° 1 I\ I 1~ I ~ I E-I I I Cn ~ I I ~(} I a I z I 1 I 1 E I U I raj, I I , w I Z 1 O H i ~ 0 0 0 I I H \ \ \ I I H o M M 1 1 O O O 1 I H \ \ \ 1 I Q~. !f. O M M I I ° H I I V I I W O I I G] a I I V ~ ~~ z ~ H 1 3 H I I a I I a H I (f] I /r" z I~ IO W I IU U I ~ I 1U2 ~ I H 1 1 ~ ~ 1 z I I I (x O I ~-1 I w \ I 'r~`JLI, I U f~l I I H O N I Z I [_, \ A r r co m m {~ I W I W M w o0 O O o H N 1 E. 1 O H ~~ \ \ \ Q~ I I .I'7. N N r-I r1 O µl0 I I W \\ \ \ \ W O I I W CO p] N N M ~O I I a' ° I I I ° }i m I 1 \ wO ; A ~ `a~' AA q Aw °O UE] W i x i C3 H H CW-I E W o HCq I m I Cq W W W W A x IH Im w ~ as a az w la 1° o a.a a aH p•• I KC I M w H o0 0 °~ ~n+~ ryW 1 f-1 1 0 ~'. C4 U U U U H~ U~ iW iM H U I I ~ r ~ ~ ~ ~ ~ W W + rl I A E„I I ~ ~ ~ M I C1 I H O r-I I wl O o ° a° w rj I ; ~ ; C~~~`7i IUi ~ EH..+ o a ~ M z~ ~a ua ~ a ; ; Ho u~ w~ a w p w ~H W ° a ~ ~~~Ur•.!U I I L1 ~I~-~H~ °~ I"117 O O VFW I I Qi .c.~ [1 H (711 p~ H H ~ W to [ I w z w H zH !~H H Fd A~,a~~'7~+! Id I I dl ~ Q ~ Ha~ ~~ ~x+~ z Q rr~+~W ~ .~ ~ ~ rd'i ~ ~ ~ ~V~ x~ ~~ u a prG ,L{ I I M No ~ i N ~ o a H ~ A rr ao m m ~ [x.l I QS 1 m W W W OO O O O trl •• rl .C` I E I O F-. ,~j r T~ 01 01 M •• •rl UJ v l ^~ I A A N N r-I ~+ o o x v I~ I z I 4 Z ~ W \\ \ \ \J-F U 1-I m QJ I I O O O x m m N N M •• 10'O ~ ~ 1 O I ° C7 A U1 C. J-~ 33 b z \ e ~o~ i ~ I HNHx A W p10~U1 ~ G•~ ~ rNrl ~ O I I~aiULJ W a~~z U G~ i a~ ~ OH to H aWq t[!~~], ~~ ° ~ ~ a~'rw ~ aM'~~ H ~ o aua,Iwala,H~ ~ ~ H H woulwoAl~ ~Za ~ H ~ Qi Q.'•r1 I~ FI I H N W O H aau I ua~ I UI-IrA z z x H H H O m 0 \ m 0 d' m .-. O N \r u10 O rl \ 1 M 'J U O A° WN ~~ o~ Uo 0 M O W~ wo H I].' a zw o~ o~ N a~ H ~z m O lfF 0 L: M D RI r-I ~ SS +tS EI[%~ [aoo Ho° ~ . a z W H a E'I O O 0 0 1[) 4 fro W ri H a Q O O ao° a H (3 0 0 H Q 4 ~ . a Woo C7oo I~u'f° r° u H H m ° V rt W w 00 H H °a~O a~~ a'I.]a W H H qUU w z H w PLANNING AND ZONING BOARD 08/07 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08 /31 /2008 Deborah Dowd Educator Appt 08/15/06 08 /31 /2008 Paul Zacks, Qiair Attorney UnexpAppt 02/01/05 Re t 08/15/06 08 /31 /2008 Joseph Pike, 2n Vice Qiair Business Owner/ Amt 08/15/06 Engineer/Environ mental Assessor 08 /31 /2009 John Miller Business Manager Appt 08/21/07 08 /31 /2008 Cary G lickstein Land Use Attorney Unexp Appt 05/15/07 08 /31 /2009 Francisco Perez-Azua Architect Unexp Appt 04/17/07 Re t 08/21/07 08 /31 /2009 Qiarles Halberg, Vice Qiair General Contractor Appt 09/06/05 Re t 08/21/07 Contact: Denise Valek, x-7041 S/City Clerk/Board 08/Planning & Zoning MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: July 30, 2008 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Historic Preservation Board. BACKGROUND The terms for Mr. Roger Cope, Mr. Keith Snider and Ms. Toni Del Fiandra will expire on August 31, 2008. Mr. Cope and Mr. Snider will have served unexpired terms are eligible and would like to be considered for reappointment. Ms. Del Fiandra will have served one (1) full term, is eligible and would like to be considered for reappointment. Additionally, there is a vacancy due to Ms. Linda Lake being removed from the Board due to missing three consecutive meetings. Also, Ms. Jan Kucera submitted her resignation on Tuesday, July 29, 2008. Consequently, there needs to be appointments made for four (4) regular members to serve two (2) year terms ending August 31, 2010 and one (1) regular member to serve an unexpired term ending August 31, 2009. These requirements have been updated to reflect current code requirements. To qualify for appointment, a person shall either be a resident of, or own property in the City, and/or own a business within the City. In addition, the City Commission shall fill five (5) seats on the Board with either an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. Laypersons of knowledge, experience and judgment that have an interest in historic preservation shall compose the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. Appointments are needed for three (3) of the professions noted to complete the five (5) required professional seats. The following individuals have submitted applications and would like to be considered for appointment. (Applications are in alphabetical order; however, the applicants are placed in their respective categories.) 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 with the exception of Mr. Percy Mejia. Mr. Keith Snider is registered to vote in BrowardCounty. Based on the rotation system, the appointments will be made by Mayor Ellis (Seat #5), Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), and Commissioner McDuffie (Seat #3) for four (4) regular members to serve two (2) year terms ending August 31, 2010. In addition, Mayor Ellis (Seat #5) will make the appointment for one (1) regular member to serve an unexpired term ending August 31, 2009. RECOMMENDATION Recommend appointment of four (4) regular members to the Historic Preservation Board to serve two (2) year terms ending August 31, 2010 and one (1) regular member to serve an unexpired term ending August 31, 2009. HISTORIC PRESERVATION BOARD EXHIBIT "A" Applicants with experience in the professions required: James Borsos Planner Ronald Brito General Contractor-President Roger Cope Architect Incumbent Shannon Dawson Self-employed/Real Estate Consultant (currently serving on the Code Enforcement Board; also applying for the Budget Task Force, Downtown Development Authority and the Planning & Zoning Board) Owns a home in a Historic District Karen Goranson Real Estate Paralegal - Owns a home in a Historic District Pearl Markfield-Elrod Real Estate Percy Mejia Architecture-Project Manager (also applying for the Downtown Development Authority) - Owns a business in a Historic District Dale Miller Interior Designer-President Donna Monroe Self-employed/Design Consultant Frances Owen Real Estate/Educator Jeffrey Silberstein Self-employed Architect - Owns a business in a Historic District Dan Sloan General Contractor-Project Manager (currently serving on the Green Task Force) Masters degree in Architecture and Historic Preservation Owns a business in a Historic District Keith Snider Architect-President (also applying for the Budget Task Force) Incumbent Owns a business in a Historic District Applicants interested in being a Layperson: Toni Del Fiandra Accounting/Bookkeeping Incumbent Pamela Reeder Environmental Consultant Thomas Stanley Attorney-Business Owner/Manager Stephanie Sugar Regional Director Page 1 of 2 Cobb, Venice Fram: Valek, Denise Sent: Tuesday, July 29, 2008 10:4$ AM To: Alvarez, Amy; McDonnell, Mark Cc: Cobb, Venice Subject: FW: Historic Preservation Board, Delray Beach FYI De~ae rQ `U Executive Assistant Planning & Zoning Department City of Delray Beach 100 NW 1st Rvenue Delray Beach, FL 33444 Phone: 561-243-704 J Fax 561-243-7221 valek@ci. delray-beach. il. us From: )an Kucera [mailto:jmicucera@gmaii.com] Sent: Tuesday, July 29, 2008 10:44 AM To: CityManager@MyDelrayBeach.com Cc: Valek, Denise; )oAnn Peart; tonid@myway.com; copearchitects@bellsouth.net; Fetzer, Fred Subject: Historic Preservation Board, Delray Beach Dear Mr. Hardin, My name is Jan Kucera and I have held a seat on the Historic Preservation Board since September 2007. I believe I was appointed by Mr. Fetzer at the time. Unfortunately my current work schedule and personal demands have caused me to miss 3 consecutive meetings through the summer so it is likely that I will be dismissed from the Board. And I am sorry to say when I reviewed my Fall schedule, it doesn't seem to be lightening up one bit. My job requires me to travel more than ever through the end of the year, and I have a few private matters that need my attention right now. But I didn't want to resign, or be removed, without saying "thank you" for the opportunity to serve on HPB. I have learned so much about Delray's historic treasures and the challenges our community faces in maintaining our sense of history while balancing our tremendous growth. In my opinion, we have a very qualified Board and I respect each of them for dedicating so much of their personal time to Historic Preservation and Delray Beach. I hope to resubmit my application one day when my career and personal life have settled down a bit_ I truly love Delray Beach, was honored to sit on HPB, and would Iike to be considered in the future for other support roles on the city level. Again, thank you very much. Best Regards, Jan Kucera 1515 N. Swinton Avenue Delray Beach, FL 33444 (561) 276-1501 7/30/2008 HISTORIC PRESERVATION BOARD 08/07 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08 /31 /2008 Roger Cope, 2n Vice Qiair Architect Unexp Appt 11/21/06 08 /31 /2009 Jan Kucera-Winney Real E state Appt 09/04/07 08 /31 /2008 Linda Lake, Vice Qiair Realtor Appt 08/03/04 Reappt 08/15/06 08 /31 /2008 Keith Snider Architect Unexp Appt 03/05/07 08 /31 /2008 Toni Del Fiandra, Qiair Accounting/ Appt 09/19/06 BOOkkeeping Layperson 08 /31 /2009 Rhonda Sexton Interior Design Appt 08/21/07 08 /31 /2009 JoAnn Peart Self employed Amt 08/16/05 Layperson Reappt 08/21/07 Contact: Denise Valek X 7041 S/City Clerk/Board 08/Historic Preservation Board MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: July 29, 2008 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY ITEM BEFORE COMMISSION This item is before the Commission for an appointment to the Downtown Development Authority. BACKGROUND Due to appointments made at the last City Commission meeting and terms expiring, there is a vacancy on the Downtown Development Authority for a regular member to serve a three (3) year term ending on July 1, 2011. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement that at least four of the members must be owners of real estate within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. A map of the Downtown Development Authority Boundary is included for your review. Currently serving on the Downtown Development Authority and meeting ownership and tax payment qualifications are Mr. Herman Stevens, Mr. Fran Marincola, Mr. David Beale and Mr. Michael Listick. 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 with the exception of Mr. Percy Mejia and Mr. Kenneth Kaltman. Based on the rotation system, the appointment will be made by Commissioner McDuffie (Seat #3) for one (1) regular member to serve a three (3) year term ending July 1, 2011. RECOMMENDATION Recommend appointment of one (1) regular member to the Downtown Development Authority to serve a three (3) year term ending July 1, 2011. DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT "A" Cathy Balestriere Shannon Dawson Mark Denkler Maura Dersh-Wissekerke Jane Fields Diane Franco Jennifer Garrison James Houck Kenneth Kaltman Linda Lake Pearl Markfield Elrod Eileen Marks Percy Mejia Albert Richwagen Alexia Rouquette General Manager (also applying for the Budget Task Force, Historic Preservation Board and the Planning & Zoning Board) (also applying for the Budget Task Force; currently serving on the Parking Management Advisory Board) (also applying for the Budget Task Force and the Planning & Zoning Board) (also applying for the Planning & Zoning Board; currently serving on the Board of Adjustment) (currently serving on the Nuisance Abatement Board) (also applying for the Historic Preservation Board) (also applying for the Budget Task Force and Planning & Zoning Board; currently serving on the Nuisance Abatement Board) (also applying for the Historic Preservation Board) (currently serving on the Code Enforcement Board) (also applying for the Education Board) DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 64 SE 5~ Avenue Delray Beach, FL 33483 07/08 TERM REGULAR MEMBERS EXPIRES 07/01 /2011 David Beale *Tax qualification Unexp Appt 03/01 /05 Reappt 06/21/05 Re t 07/01/11 07/01 /2011 NTicllael Listick *Tax qualification Appt 07/01/08 07/01 /2009 Fran Marincola Vice Qiair *Tax qualification Appt 06/20/06 , 07/01/2011 07/01/2009 David Cook Unexp Appt 05/15/07 07/01 /2011 Nancy Stewart Reappt 07/01/08 Unexp Appt 07/11/06 07/01 /2010 Herman Stevens Board Secretary *Tax qualification Appt 06/22/04 , Re t 06/19/07 Contact person: Selma Kleinman 279-1380 X-15 Fax 278-0555 Membership increased to 7 members on 07/01 /99 S/City Clerk/Board 08/DDA Commission Liaison: Mayor Rita Ellis I 4 _ _ ~ O ^- Z ~ n ~ ~ 0 Z z 0 m m Tr V m Z C 0 D O z 0 ~s ~ nFa ~ ~ ~ a ~ < F~h~" ~F~F ~ s~ n~r~ ~~ D ~. I~I JIJI_ILILLI/~I IWIJI m Z 0 ~ ~B ~ - O ~ .~ ~ ~~o ®~~~~~~' ~;~ ~: ~ €^ ~~~ '~ ~~ - ~'~o km ~ ~ ~D a~ N~,~ ~g~€ ~ ry '^ ~~ ~~~ ~~ ~ ~< s ~~~ ~ ~~ ~o~ :O ~ ~ ~ Ng o =~ ~~1~ ~ s _ o S INT N ~ N ~' m ~~m ~~D m~a x. ~ ~~ ~~_~~ ~B ~ ~ ~ ~~~ H ~ ~ ~ ' A ~'~ ~~m~~~m ry ~~'~ ~ ~~ ~ ~~ ~ ~ ~~ U.& NY. Nat '~e~k~' Y. Nat ®a® ~~ ~ , ~~~ NptTNBDU ~ • N°~, ~~ ~~ :~~ ~~ ~~ ~ ~~ IrurRq ~~ ~ ~~ _ ~ ~ ~,~ ~~~ ~ a~~ w a r E R w A ^~ °an m g ~ _ ~ °s § ® s a~ ~ ~ ~ ` q s q C Y ~ N ~ M ~ ~ `~+e w.N ~ ~ s s g"' a r~ >g ~ DDEAN BLVD. Sm ~8~ ~+ v~ H ~flgHflC STATE RDgp q_~_A ~ ~ ®CCQH MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: July 29, 2008 SUBJECT: AGENDA ITEM 9.,T. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 APPOINTMENT TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the Commission for an appointment to the Education Board. BACKGROUND Ms. Marlo Belkin resigned from the Education Board effective July 17, 2008. The resignation letter is attached for your review. This creates a vacancy for one (1) regular member to serve an unexpired term ending July 31, 2009. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. 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 Eliopoulos (Seat #1) for one (1) regular member to serve an unexpired term ending July 31, 2009. RECOMMENDATION Recommend appointment of one (1) regular member to the Education Board for an unexpired term ending July 31, 2009. EDUCATION BOARD Melanee Blankstein Lydia Carreiro Mary-Elizabeth Cohn EXHIBIT "A" Educator/Consultant Educator Educator/Sales Consultant Bernard Federgreen Director of Operations (currently serving on the Board of Adjustment) Gerald Franciosa Retired/Law Enforcement/Accounting Philip Friedman Retired-Assistant Financial Aid Director (also applying for the Budget Task Force; currently serving on the Nuisance Abatement Board) Matthew Hartley Senior TT Consultant (currently serving on the Neighborhood Advisory Council) Tam Knight Retired-Educator Myra Leavy Bazemore Educator Isabel Make President-Consulting Jeff Ritter Assistant Professor/President-Consulting Alexia Rouquette Director of Marketing & Public Relations (also applying for the Downtown Development Authority) Stephanie Shipley Executive Director Cobb, Venice From: Meeks, Janet Sent: Thursday, July 17, 2008 10:55 AM To: Cobb, Venice Subject: FW: Resignation from Board Please Marlo's Resignation from the Soard -----Original Message----- From: Dharani [mailto:marlotroi@gmail.com] Sent: Thursday, July 17, 2008 10:19 AM To: Meeks, Janet Subject: Resignation from Board Dear Janet, Thank you for the opportunity to serve my community through participation of the City of Delray Education Board. It has been a pleasure to work with such an incredible group of committed individuals. Please let this email serve as my formal resignation from the board as I will be moving to California making it difficult to attend meetings. Again, it has been an honor to serve my community. Abundant blessings, Marlo Belkin 1 o~ios EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31 /2009 Catherine DeMatto Unexp Appt 02/20/07 Tralning & Development/ Reappt 07/24/07 ~r ~L Sales 07/31 /2010 Gerald Crocilla Appt 08/01/06 Reappt 07/15/08 Educator 07/31 /2010 Derline Pierre-Louis Appt 07/15/08 President/Plan & Budget Reviewer 07/31 /2010 Kenneth Zeno Unexp Appt 08/07/07 Reappt 07/15/08 Training Consultant/Educator 07/31 /2010 Harold Van Amem, Vice Qiair Unexp Appt 12/13/05 Reappt 07/11/06 Re t 07/15/08 Develo r 07/31 /2010 Sandra Weatherspoon Appt 07/15/08 ASSlstant Pnnci al 07/31 /2009 Susan Sikich Amt o7/05/05 Reappt 08/07/07 Associate Director 07/31 /2009 Sandra Tobias, QZair Unexp Appt 02/21 /06 Reappt 07/24/07 Real Estate/Educator 07 /31 /2009 Perry Stokes Unexp Appt 01/03/06 Reappt 07/24/07 Educator 07/31 /2009 Mr. Peter Raycroft Educator UnexpAppt 01/03/08 07/31 /2009 Marlo Belldn UnexpAppt 01/03/06 Reappt 07/24/07 Educator STUDENT MEMBERS (one term limit) 07/31 /2009 Keren Eckstein Student Appt 01/15/08 partial term 2 YEAR TERM 07/31/2008 Student 1 YEAR TERM Vacant CITY REPRESENTATIVE: COMMISSION LIAISON: Janet Meeks - E ducation Coordinator 243-7231 Commissioner Fred Fetzer (Primary Member) Commissioner Nelson McDuffie (Alternate Member) MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: July 29, 2008 SUBJECT: AGENDA ITEM 9.K. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 APPOINTMENT TO THE BUDGET TASK FORCE ITEM BEFORE COMMISSION This item is before the Commission for an appointment to the Budget Task Force. BACKGROUND Mr. Steve Janssen resigned from the Budget Task Force effective June 23, 2008. The resignation letter is attached for your review. This creates a vacancy for one (1) regular member. Mr. Robert Moore and Mr. James Smith are both alternate members and would like to be considered for regular membership. On November 6, 2007, the Delray Beach City Commission established the Budget Task Force for the purpose of reviewing the City's budget for six (6) months and making recommendations to the City Commission regarding salaries and benefits, operating expenses, debt service expenses, capital outlay grants to other entities and transfers to other funds. On July 1, 2008, the Commission approved Resolution No. 23-08 in order to provide an extension of the Budget Task Force to July 31, 2009. The Budget Task Force shall consist of nine (9) members. Five (5) seats on the Board must be filled with a certified public accountant, certified financial planner, investment advisor, insurance professional (may be property/casualty or health), business owner/manager or someone with an MBA or MPA degree. The remaining four (4) members may be at large. 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 with the exception of Mr. Keith Snider who is registered to vote in BrowardCounty and Mr. Daniel Garrido who is registered to vote in Dade County. Based on the rotation system, the appointment will be made by Mayor Ellis (Seat #5) for one (1) regular member. RECOMMENDATION Recommend appointment of one (1) regular member to the Budget Task Force. RECEIVEf7 June 23, 2008 13 SE 2"d Street Delray Beach, FL 33444 J U N ~ ~ 2flOB CITY G~~~~C RECEIVED JUN 2 5 20Q8 Mr. David Hardin Delray Beach City Manager 140 N W I $i Avenue Delray Beach, FL 33444 Dear Mr. Hardin: CITY MANAGER Frank Wheat, the Chairman on the Delray Beach Budget Committee Task Force has requested that I send a letter to you informing you if I wish to be part of the committee going forward. I am going to resign from the committee and not participate any further. I have learned a great deal and would like continue but fee! I need to dedicate myself to my business and do not feel I can put forth the time needed to help complete the task at hand. i wish to thank both the committee and the city for both the learning experience and allowing me to view how the city government works. Thank you. Sincerely, Steve Janssen BUDGET TASK FORCE EXHIBIT "A" Applicant Occupation Mark Behar Business Owner (currently serving on the Code Enforcement Board) Martin Cherry Communication-Executive Vice President Shannon Dawson Business Owner/Real Estate Consultant (also applying for the Downtown Development Authority, Historic Preservation Board and the Planning & Zoning Board) Mark Denkler Business Owner-President (also applying for the Downtown Development Authority; currently serving on the Parking Management Advisory Board) Diane DeSantis Hoffman Business Owner Leonard Epstien Self-employed/Retired Philip Friedman Finance/Retired/NIBA (also applying for the Education Board; currently serving on the Nuisance Abatement Board) Daniel Garrido Mortgage Loan Consultant Jennifer Garrison Consultant-Self employed (also applying for the Downtown Development Authority and Planning & Zoning Board) Alberta Gaum-Rickard Project Coordinator John Hallahan Assistant Director of Operations/1VIBA Lynn Klein Independent Healthcare Consultant/Finance/NIBA (also applying for the Planning & Zoning Board) Patricia Maguire Public Relations-Editor/MBA Eileen Marks Banking-Retired (also applying for the Downtown Development Authority and Planning & Zoning Board; currently serving on the Nuisance Abatement Board) Robert Moore Financial Management Consultant-President/NIBA Incumbent Michael Park General Counsel James Smith Finance-Retired/MBA Incumbent Keith Snider Architect-President (currently serving on the Historic Preservation Board) BUDGET TASK FORCE EXHIBIT "A" Harvey Starin Real Estate Broker/MBA (also applying for the Planning & Zoning Board; currently serving on the Board of Adjustment) Warren Trilling Financial Consultant/Retired/CPA-New York Andrew Youngross Business Owner-Engineering-Principal (currently serving on the Site Plan Review and Appearance Board) BUDGET TASK FORCE SIX MONTH TERM 07/08 TERM REGULAR MEMBERS OCCUPATION EXPIRES amt o1/03/08 Peter Arts Insurance Agent Exp 07/31/09 amt o1/03/08 Vincent Dole Investment Firm Exp 07/31/09 Partner/MBA amt o1/03/08 Howard Ellingsworth, Vice QZairperson Accounting Fxp 07/31/09 Partner/CPA amt 01/15/08 Steven Jai>`s~seal Finance/MS- Exp 07/31/09 Investment Mana meet amt o1/03/08 Todd L'Herrou Business Owner Exp 07/31/09 amt 01/03/08 Alexander Sunon Investment Advisor- Exp 07/31/09 President/MSA amt o1/03/08 Franklin Wheat, Qiair Business Owner Exp 07/31/09 ALTERNATES amt 01/15/08 Robert Moore Financial Management Exp 07/31/09 COnSUltant- President/MSA amt 01/15/08 James Smith Finance-Retired/1VIBA Exp 07/31/09 Contact: S/City Clerk/Board 08/Budget Task Force MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: July 30, 2008 SUBJECT: AGENDA ITEM 9.L. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION ITEM BEFORE COMMISSION Mr. Edward Desmond was an alternate member on the Public Employees Relations Commission but was appointed as a regular member at the City Commission meeting on July 15, 2008. This creates a vacancy for one (1) alternate member to serve an unexpired term. The appointment should be made for a term ending on August 31, 2010 to comply with the expiration date required in the City Code. Pursuant to Section 35.032 (A)(1)(a) of the City Code of Ordinances; the Commission shall be composed of three (3) members and one (1) alternate to be appointed by the City Commission. Members of the local Commission established pursuant to this division shall be appointed so that the composition of the local Commission is as follows: One appointee who is a person who, on account of previous vocation, employment or affiliation, is, or has been, classified as representative of employers; one appointee who is a person who, on account of previous vocation, employment or affiliation, is, or has been, classified as representative of employees or employee organizations; and all other appointees, including alternates, shall be persons who on account of previous vocation, employment or affiliation, are not or have not been classified as representative of employers or of employees or employee organizations. Neither the Chairperson nor any member shall be employed by, or hold any commission with, any governmental unit in the state or any employee organization while serving in that office. The appointee need not be a resident of the City of Delray Beach. The following individual has submitted an application and would like to be considered for appointment: David Haycock(also applying for the Planning & Zoning Board) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. Based on the rotation system, the appointment will be made by Commissioner McDuffie (Seat #3) for one (1) alternate member to serve a term ending August 31, 2010. RECOMMENDATION Recommend appointment of one (1) alternate member to the Public Employees Relations Commission to serve a term ending August 31, 2010. PUBLIC EMPLOYEES RELATIONS COMMISSION (PERC - 4 Year Term) o~/os TERM MEMBERS CLASSIFICATION OCCUPATION EXPIRES REPRESENTING 03 /13 /2012 Edward Desmond Employer Retail/Business Owner Unexp Appt 04/05/05 Re t 03/03/08 01 /29 /2010 Lorraine Kasper, Vice Qiair Employee Retired/E ducator Appt 02/05/02 Rea t01/17/06 06 /30 /2010 Dinah Stephenson Neutral Real E state Appt 05/21/02 reg Appt 02/19/02 tmexp alt Re t 6/20/06 ALTERNATE 06 /30 /2010 Neutral Vacant GENERAL COUNSEL I. Jeffrey Pheterson, E sq. Marie Appointed by PERC 09/13/91 Contact: Venice Cobb 243-7056 S/City Clerk/Board 08/PERC MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 28, 2008 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 ORDINANCE N0.28-08 ITEM BEFORE COMMISSION This ordinance is before Commission for a privately initiated amendment to the Land Development Regulations (LDR), by amending Section 2.2.6(D), "Duties, Powers, And Responsibilities"; Section 4.5.1(J), "Historic Preservation Board To Act On Variance Requests", to provide that appeals of decisions of the Historic Preservation Board regarding variances shall be to the City Commission. BACKGROUND At the first reading on July 1, 2008, the Commission passed Ordinance No. 28-08. Due to an error by the newspaper, the second reading had to be delayed until August 5 to allow for proper advertising. RECOMMENDATION Recommend approval of Ordinance No. 28-08 on second and final reading. ORDINANCE NO. 28-08 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 2.2.6(D), "DUTIES, POWERS, AND RESPONSIBIL,TTIES"; SECTION 4.5.1(J), "HISTORIC PRESERVATION BOARD TO ACT ON VARIANCE REQUESTS", TO PROVIDE THAT APPEALS OF DECISIONS OF THE HISTORIC PRESERVATION BOARD REGARDING VARIANCES SHALL BE TO THE CITY COMMISSION; 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 June 16, 2008, and voted 4 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 does 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 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 2.2.6(D), "Duties, Powers, and Responsibilities", 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: (D) Duties, Powers, and Responsibilities: (1) Develop, maintain, and update a survey of archaeological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor to improve, expand, and make more accurate the survey as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate the survey. The Board will work with the City Historical Society, the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in maintaining this survey. (2) Nominate properties for designation, and regulate such properties, structures, buildings, sites, districts, and the like so designated as historic sites and/or historic districts. (3) Participate in the National Register program to the greatest possible extent, as defined by the 1981 and subsequent amendments to the Historic Preservation Act of 1966 and regulations and rules drafted pursuant hereto by the National Park Service and the State Bureau of Historic Preservation (4) Act as a regulatory body to approve, deny, or modify certificates of appropriateness as specified in Section 2.4.6(H). In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in Section 4.51(E)(8) with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction, lot coverage, and square footage, and other criteria set forth in Section 4.5.1. (5) Make recommendations concerning land development code amendments to the Planning and Zoning Board, and concerning building code amendments to the Chief Building Official, as they apply to Historic structures and districts. (6) Act in lieu of Board of Adjustment. The Historic Preservation Board shall act in lieu of the Board of Adjustment and is empowered to grant variances from existing ordinances for properties designated as historic sites, within designated historic districts or listed on the Local Register of Historic Places. In addition, the Board is empowered to grant variances from the sign code for those nonconforming signs which existed at the time of enactment of the sign code and relief to Section 4.6.16 through the waiver process [Section 2.4.7(B)]. Any meal from the a~roval or denial of a variance by the Historic Preservation Board shall be directly to the City Commission. (7) Develop, establish, and regulate guidelines concerning contemporaneous architectural styles, colors, building materials, and so forth for historic sites and within historic districts. Such guidelines will be subject to review by the Site Plan Review and Appearance Board and the Planning and Zoning Board, and will be subject to approval by the Commission. The Board's consideration and approval of certificates of appropriateness under these guidelines shall be in lieu of consideration and approval by the Site Plan Review Board. 2 ORD. NO. 28-08 (8) Make recommendations to the Commission about facade easements, the imposition of other restrictions, and the negotiation of contracts for the purposes of historic preservation. (9) Increase public awareness of the value of historic preservation by developing, conducting, and participating in public education programs. (10) Make recommendations to the Commission concerning the use of grants from federal and state agencies, and the use of City funds to promote the preservation and conservation of historically and aesthetically significant archaeological sites, historic sites, and historic districts. (ll) Evaluate, comment upon, and make recommendations to the Commission concerning the deliberations and decisions of other public agencies affecting the physical development and appearance of historically and aesthetically significant archaeological sites, historic sites, and historic districts. (12) Contact public and private organizations, businesses, and individuals and endeavor to arrange agreements to help insure the conservation and preservation of historically and aesthetically significant sites, buildings, structures, and districts for which demolition or destruction is proposed. (13) In the name of the City, and only with the express approval of the Commission, seek, apply for, solicit, receive, and expend any federal, state, or private grant, gift, or bequest of any funding, property, or interest in property to further the purposes of historic and heritage conservation and preservation. (14) Make recommendations to the Commission, and by referral to the Planning and Zoning Board, to make historic preservation concepts an integral and ongoing part of all City planning and zoning codes, the City land use plan, and any comprehensive use planning required by this state. (15) Create and approve standardized historic markers and plaques and issue recognition to designated historic sites and historic districts within the City. (16) Advise the Commission on all matters related to the use, administration, and maintenance of city-owned designated historic sites and historic districts. (17) Execute any other functions which may be approved by ordinance or resolution of the Commission. 3 ORD. NO. 28-08 (18) Demonstrate a spirit of cooperation with and provide administrative assistance to property owners in the conservation and preservation of historic sites and properties within historic districts. (19) Develop and maintain a Historic Preservation Manual for the City to help property owners fulfill the regulations and requirements of this section and the regulations for historic preservation developed by the Historic Preservation Board and approval by the Commission. Section 3. That Section 4.51(J), "Historic Preservation Board to Act on Variance Requests", 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: (J) Historic Preservation Board to Act on Variance Requests: Pursuant to the powers granted in Section 22.6(D), the Historic Preservation Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments. In acting on such variance requests the Board may be guided by the following as an alternative to the criteria normally used by the Board of Adjustments. (1) That a variance is necessary to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare. (b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. (c) Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site. (d) The variance requested is the minimum necessary to preserve the historic character of a historic site or of a historic district. (2) Or, as an alternative to subsection (J)(1), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: 4 ORD. NO. 28-08 (a) A variance would not be contrary to the public interest, safety, or welfare. (b) The variance would not significantly diminish the historic character of the Historic District or Site. (c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. (3)The Board shall otherwise follow all procedures and impose conditions as required of the Board of Adjustments when acting on a variance. Any appeal from the approval or denial of a variance by the Historic Preservation Board shall be directly to the City Commission. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading and any variances ruled upon by the Historic Preservation Board on or after January 1, 2008 shall be subject to the provisions of this Ordinance. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200 ATTEST MAYOR City Clerk First Reading Second Reading 5 ORD. NO. 28-08 PLANNING AND ZOI~[ING BOARD MEMORANDUM STAFF REPO`RT- MEETING OF: JUNE 16, 20US ITEM: AMENDMENT TO LDR SECTIONS 2.2.6(D)(6) AND 4.5.1(J}{3), TO PERMIT APPEALS OlF VARIANCES DENIED BY THE HISTORIC PRESERVATION BOARD TO BE HEARD BY THE CITY COMMISSION. -- --_ ~17~M BEI`ORfc THEBOARD ~~~ The item before the Board is that of making a recommendation to the City Commission regarding a privately initiated amendment to LDR Sections 2.2.6(D)(6} and 4.5.1(J)(3), to specify that if the HPB denies any variance request, the applicant and/or its agent may appeal such variance decision directly to the City Commission pursuant to the requirements of Section 2.4.7(E}. 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. = w__ BAGS-~RQ~J:hEE~:7 LDI~A-NIENDMI~NT DES-CR-~.PTION . The subject LDR Amendment (Ordinance 28-08) has been privately-initiated in order to allow variances denied by the HPB to be appealed to the City Commission rather than the Circuit Court of Palm Beach County. The amendment would be retroactive to January 1, 2008. Pursuant to LDR Section 2.2.6{D)(6), the Historic Preservation Board acts in lieu of the Board of Adjustment for variance requests related to property within the City's five (5) historic districts, as well as all Individually Listed properties. Appeals acted upon by bath the Board of Adjustment and the HPB are heard by the Circuit Court of Palm Beach County. Variances heard by the HPB are reviewed by criteria noted in LDR Section 4.5.1 (J) which takes into consideration the historic configuration of the land andlor the original development of the property (see Appendix A}. HPB variances are utilized as a planning tool to provide an incentive for development which encourages the rehabilitation and reuse of his#oric structures, while discouraging the demolition of historic structures and subsequent reconstruction. The differing review criteria was further emphasized when the City Commission considered revising the City's development fees as it was recommended that -the HPB variance application fees be significantly less than those charged for the Board of Adjustment, to encourage applicants to seek variances when appropriate. The amendment also includes language to apply it retroactively- to January 1, 2008. This amendment would affect two (2) applications containing variance requests which have been considered by the HPB since January 1, 2008. The first, located at 36 SE 1St Avenue, was heard by the HPB at its meeting of March 6, 2008 and requested approval of four (4} variances to the lot coverage, front setback, side street setback, and the' side interior setback. While Staff supported the project by recommending approval, the requests, along with the associated Class V Site Plan application, were denied by the HPB, citing a failure to make positive findings with the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. As a result, the Site Plan application has been appealed to the City Commission -and is expected to be heard at its regular meeting of August 5, 2008. Therefore, if the subject amendments are .approved by the City Commission, the aforementioned appeal will include the Planning and Zoning Board Staff Report Ordinance 28-08; LIAR Amendment to Permit Variances Heard by the HPB to be Appealed to the City Commission variances associated with the 36 SE 1St Avenue Class V Site Plan application. The second, located at 140 NW 4t" Avenue, was heard by the HPB at its meeting of April 2, 2008, and requested approval of a variance pertaining to the signage type and location. The variance request was approved and the signage has been installed. As previously noted, the request specifies that those variances denied by the HPB would be appealed to the City Commission. However, Staff recommends that the language be more generic to include all variances, both approved and denied by the HPB. This recommendation is further explained within the analysis below. LDR AMENDMENT ~h-N~-LYS}S REQUIRED FINDINGS LDR Secfion 2.4.5(M)(5) (Findings): Pursuant fo LDR Secfion 2.4.5(M)(5) (Findings), in addition to LDR Section 7.?.fi(A), the Cify Commission must make a finding that the text amendmenf is consisfenf with and furthers fhe Goals, Objecfives and Policies of fhe 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 WITHIN 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. Fufure Land Use Elemenf Obiective A-4 The redevelopment of land and buildings steal! provide for the preservation of historic resources. The objective shall be met through continued adherence to fhe City's Historic Preservation Ordinance and fhe following policies: Future Land Use Policy A-4.T Prior to approva! ar recommending approval of arty land use or development application for property located within a historic district or designated as a historic site, fhe Hisforic Preservation Board must make a finding That fhe requested action is consistent with the provisions of Secfion 4.5.9 of the Land Development Regulations relating fo historic sites and districts and the "Delray Beach Design Guidelines': Fufure Land Use Policy A-4.2 In order to protect the City's historic resources, fhe Land Development Regulafions shall include provisions for designation of hisforically slgnifrcanf buildings, structures, archaeological sites, ar disfricts. The City shall conduct periodic neighborhood surveys to identify and evaluate patentia! historic resources. 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. Planning and Zoning Board Staff Repprt Ordinance 28-d8; LDR Amendment to Permit Variances Heard by the HPB to be Appealed to the City Commission Housr"nq Elemenf Obiecfive A-90 The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housin Elemenf Polic A-1Q.? 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. The proposed amendments will continue to provide for the preservation of historic resources, as is currently provided and will continue to support the conservation and rehabilitation of historically significant housing. Whether or not a variance is appealed to the Circuit Court or to the City Commission will not be contrary to the Comprehensive Plan. Therefore, op sitive findings can_be made as the proposed LDR text amendments are consistent with and_further the Goals, Objectives and Policies of the Comprehensive Plan Future Land Use and Housing Elements, subject to conditions. ANALYSIS The subject LDR Amendments will allow the appeal of variances acted upon by the HPB to the City Commission, as opposed to the Circuit Court. Variances heard by the HPB are applicable only to properties within the historic districts and those which are individually listed on the Local Register of Historic Places. Subsequently, they are subject to different review criteria than those reviewed by the Board of Adjustment (see Appendix B). In addition, variances are afforded to the aforementioned property types as a way of encouraging the retention of historic structures and provide additional flexibility in older areas of the City. The proposed amendment specifies that those variances which have been denied may be appealed to the City Commission. Staff suggests that all variances be appealable to the City Commission, whether approved or denied, as there may be an aggrieved party in both situations. In addition, the amendment would be applicable to those variances acted upon by the HPB since January 1, 2DD8. As noted above, there have been two development applications which included variance requests, one of which was denied and an appeal was submitted to the City Commission. The appeal is awaiting consideration by the City Commission, and the subject amendments would apply to that project. `~ REVIE~~ T-MEt~~ - ; The Historic Preservation Board (HPB) reviewed the subject amendments at its meeting of June 5, 20D8 where a recommendation of approval was made subject to the following: 1. That the language be revised to also include those variances approved by the HPB, and; 2. That the added language in Section 5 which states "Any decisions made by the Historic Preservation Board on or after January 1, 2008 are subject to the provisions of this ordinance" be removed. =~~ `~~T_I<RNAT'N~E,ACTLOr .: __.. ~ ~. A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulation Sections 2.2.6(D)(6) and 4.5.1(J)(3), Ordinance 28-08, allowing variances acted upon by the HPB to be appealed to and heard. by the City Commission, by adopting the findings of fact and law contained in the staff report, and finding that the text Planning and Zoning Board Staff Report Ordinance 28-08; LDR Amendment to Permit Variances Heard by the HPB to be Appealed to the City Commission 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 Sections 2.2.6{D)(6) and 4.5.~(J){3), Ordinance 28-08, allowing variances acted upon by the HPB to be appealed to and heard by the City Commission, by adopting the findings of fact and iaw 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}. Motio_n___to be phrased in the affirmative. See above. w ~ W Y ~ ~ ~, ~-- f2ECOMMENDED ACTION -- :~ - Recommend approval to the City Commission of the amendment to Land Development Regulation Sections 2.2.6(D)(6} and 4.5.1(J}(3), Ordinance 28-08, allowing variances acted upon by the HPB to be appealed to and heard by the City Commission, 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) subject to the revision that the amendment be applicable to all variances acted upon by the HPB, whether approved or denied. Attachments: • Appendix A ~-LDR Section 4.5.1 (J) • Appendix B -LDR Section 2.2.4(D} • LDR Amendment Request Letter and Backup - - - Planning and Zoning Board Staff Report Ordinance 28-08; LdR Amendment to Permit Variances Heard by the HPB to be Appealed to the City Commission ~, ~A~ APPENDIX A - ~~,: ~`~:~ ~ ` ~" LDRSECTION 4.51"(J); ~- ~. (J) Historic Preservation Board to Act on Variance Re uests: Pursuant to the powers gran#ed in Section 2.2.6(D), the Historic Preservation Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments. In acting on such variance requests the Board may be guided by the following as an alternative to the criteria normally used by the Board of Adjustments. ('[} That a variance is necessary to maintain the historic character of property through demonstrating that: {a) A variance would not be contrary to the public interest, safety, or welfare. {b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the carne zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. {c) Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site. {d} The variance requested is the minimum necessary to preserve the historic character of a historic site or of a historic district. (2) Or, as an alternative to subsection (J}('I ), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: (a) A variance would not be contrary to the public in#erest, safety, or welfare. (b) The variance would not significantly diminish the historic character of the Historic District or Site. (c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. {3)The Board shall otherwise follow all procedures and impose conditions as required of the Board of Adjust_m_ents. _ a - - ~ - ~- Planning and Zoning Board StafF Report Ordinance 28-08; LDR Amendment to Permit Variances Heard by the HPB to be Appealed to the City Commission APREN©lX B _. ~_ , t~DR_SEC~TIQ~Gl2~2x4(D~: =~ ~~ `_-~ ~- 2.2.4{D} Board of Adjustment Duties Powers and Res onsibilities: (1) The Board hereby has the authority to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Chief Building Official, with the exception of interpretations of use matters and other items specifically preempted or granted to others pursuant to these Land Development Regulations. (2) The Board, so long as its actions are in conformity with the terms of these Land Development Regulations may reverse or affirm, wholly or partly, or may modify the order, requirement, or decision, or determination appealed from and may make such order, requirements, decision, or determination as ought to be made, and to that end shall have powers of the Chief Building Official from whom the appeal is taken. (3) The Board has the authority to take action on duly fled appeals with respect to the action of the Chief Building Official concerning interpretation, administration, or enforcement of the following: (a) Building Code, Article 7.1, except Sections 7.1.5 through 7.1.7 (b) Electrical Code, Article 7.2 (c) Gas Code, Article 7.3 (d) Housing code, Article 7.4 (e} Mechanical Code, Article 7.5 (f) Plumbing code, Article 7.6 (g) Elimination ar Repair of Unsafe Buildings, Article 7.8 (h) Moving of Building, Article 7.10 (4) The Board hereby has the authority to grant variances and hear appeals from the provisions of: (a) The General Development Standards set forth in Section 4.3. (b) Regulations found in the Flood Damage Control Overlay District, Section 4.5.3. (c) The supplemental district regulations (Article 4.6) except where said authority is expressly prohibited or granted to others. (d) l=ire Prevention Codes, Chapter 96 of The City Code, per Section 96.06. (e) "District Regulations and Incentives" in Section I of the Beach Property Owners Design Manual for North Beach & Seagate Neighborhoods as set forth in Section 4.5.13. (5) The Board has the authority to grant variances to the Noise Code pursuant to City Cade Section 99.30. (6) The Board shall be prohibited from considering: (a) Use variances, (b) architectural elevations, (c) landscaping plans, (d) Variances for signs and signage, (e) Any variance action within a designated Historic Preservation District or upon a Historic Site, (f) Variances to height regulations. (7} Ta provide "good offices" and assistance to other governmental boards, commissions, and committees in the fulfillment of goals, objectives, and policies of the Comprehensive Plan. (S} All decisions of the Board of Adjustment are final. Any person or persons, or any Board, Taxpayer, Department, Board, or Bureau of the City may aggrieve any decision of the Board of Adjustment and may seek review of such decision in the Circuit Caurt of Palm Beach County. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 28, 2008 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 ORDINANCE N0.31-08 ITEM BEFORE COMMISSION This item is before Commission for an ordinance amending Chapter 51, "Garbage and Trash" of the Code of Ordinances by amending Section 51.01, "Definitions", Section 51.16, "Exceptions in Certain Areas and for Certain Types of Collection Services", Section 51.19, "Industrial and Hazardous Waste Disposal", Section 51.20, "Building Materials", Section 51.35, "Containers Required for Residential and Commercial Sites", Section 51.37, "Use of Other Units and Containers", to clarify certain definitions and terms regarding recycling and roll-off containers to provide that they are consistent with State Law and the City's Franchise Agreement; amending Section 51.45, "Construction and Demolition Sites", to provide for the Non-Exclusive Collection Of Construction and Demolition Debris and to provide for regulations governing such collection. BACKGROUND At the first reading on July 15, 2008, the Commission passed Ordinance No. 31-08. Language has been added stating that the City encourages recycling of Construction and Demolition Debris. RECOMMENDATION Recommend approval of Ordinance No. 31-08 on second and final reading. ORDINANCE NO. 31-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH" OF THE CODE OF ORDINANCES BY AMENDING SECTION 51.01, "DEFINITIONS", SECTION 51.15, "REFUSE COLLECTION RESERVED EXCLUSNELY IN CITY OR ITS CONTRACTORS", SECTION 51.16, "EXCEPTIONS IN CERTAIN AREAS AND FOR CERTAIN TYPES OF COLLECTION SERVICES", SECTION 51.19, "INDUSTRIAL AND HAZARDOUS WASTE DISPOSAL", SECTION 51.20, "BUILDING MATERIALS", SECTION 51.35, "CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL SITES", SECTION 51.37, "USE OF OTHER UNITS AND CONTAINERS", TO CLARIFY CERTAIN DEFINITIONS AND TERMS REGARDING RECYCLING AND ROLL-OFF CONTAINERS TO PROVIDE THAT THEY ARE CONSISTENT WITH STATE LAW AND THE CITY'S FRANCHISE AGREEMENT; AMENDING SECTION 51.45, "CONSTRUCTION AND DEMOLITION SITES", TO PROVIDE FOR THE NON-EXCLUSNE COLLECTION OF CONSTRUCTION AND DEMOLITION DEBRIS AND TO PROVIDE FOR REGULATIONS GOVERNING SUCH COLLECTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City has an exclusive franchise agreement with Waste Management for the collection of solid waste in the City; and WHEREAS, the City desires to amend certain sections of the City's ordinances in order to provide for consistency with the franchise agreement; and WHEREAS, the City grants non-exclusive franchises for the collection, by roll- off containers, of construction and demolition debris; and WHEREAS, the City desires to include definitions, and to establish requirements for, and provisions for granting, non-exclusive franchises for construction and demolition debris roll-off container service; and WHEREAS, the City desires to provide regulations for pre-collection, collection and disposition of construction and demolition debris in roll-off containers and to establish rates and fees for such service, and to provide for enforcement of such provisions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 51, "Garbage and Trash", is amended by amending subsection 51.01, "Definitions", to read as follows: Sec. 51.01. DEFINITIONS. To the extent the definitions contained herein conflict with similar definitions contained in any Federal, State or local law, the definition herein shall prevail. Biohazardous or biomedical wastes shall mean any solid waste or liquid waste which may cause disease or reasonably be suspected of harboring pathogenic organisms, included [including], but not limited to, waste resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which may consist of, but are not limited to, diseased human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing and surgical gloves. Biological waste. Solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biohazardous waste, diseased or dead animals, and other waste capable of transmitting pathogens to humans or animals. Bulk trash. Any nonvegetative item which cannot be containerized, bagged or bundled including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, pool heaters, water softeners, pianos, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar appliances, household goods, furniture, large boxes, barrels and crates, and shall not be commingled with vegetative waste or any other type of refuse. C&D Debris Service Provider. Shall mean a licensed company authorized by the City to remove construction and demolition debris. City. The City of Delray Beach, Florida, or the City's authorized agents or contractors. City Manager. The City Manager of the City of Delray Beach or his/her designee. Collection: The process whereby solid waste, garbage, trash, bulk trash, vegetative waste or recyclable material is removed and transported to a designated facility. Commercial trash. Any and all accumulations of paper, rags, excelsior or other packing materials, wood, paper or cardboard boxes or containers, sweepings, and any other accumulation not included under the definition of garbage, generated by the operation of stores, offices, and other business places. Commercial trash shall include furniture if properly containerized. Commercial trash shall not include special waste. Construction and demolition debris. Materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, roofing material, pipe, gypsum wallboard, and lumber from the construction or destruction of a structure ~ r~~ °~ ~ ~~*„~°*~°~ °r ''°m°'~*~°~ r °°*. Mixing of a de minimis amount of waste other than C&D debris from a construction site will not exclude such mixed solid waste from classification as C&D debris under this definition. 2 ORD NO. 31-08 Contract Administrator. Shall mean the person designated by the City who shall act as the City's representative under this ordinance. Contractor or vendor. ~ .Waste Mana e~ ment Inc. of Florida Department The Florida Department of Environmental Protection. Designated facility. A disposal processing, recovery, recycling or transfer facility designated by the Solid Waste Authority or the City Manager. Disposal costs. The "tipping fees" or landfill costs charged to the Contractor by others for disposal of the waste collected by the Contractor. Dwelling unit. One or more rooms connected together, designated to be occupied by one family, constituting a separate, independent housekeeping establishment and physically separated from any other dwelling unit which may be in the same structure and which contains independent sanitation, living, cooking and sleeping facilities. Garbage. All putrescible waste which generally includes but is not limited to kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with or results from the storage, preparation, cooking or handling of food materials whether attributed to residential or commercial activities. Garbage shall not include any material that falls within the definition of special waste. Garbage receptacle. Any commonly available light-gauge steel, plastic or galvanized receptacle of a nonabsorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handle(s). A receptacle also includes a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. Garbage receptacles or waste materials shall not exceed fifty (50) gallons in capacity or fifty (50) pounds in weight. Rollout containers provided by the City may be thirty-two (32), sixty-eight (68), or ninety-five-gallon-size containers. Hazardous waste. Solid waste as defined by the State of Florida Department of Environmental Regulation [Protection] as a hazardous waste in the State of Florida Administrative Code, or by any future legislative action or by Federal, State or local law. > > Litter. See Chapter 98 of the Code of Ordinances of the City of Delray Beach. 3 ORD NO. 31-08 Loading and unloading area. Any loading or unloading space or area used by any moving vehicle for the purpose of receiving, shipping, and transporting goods, wares, commodities, and persons. Loose refuse. Any refuse, either garbage or household trash, stored in and collected from any type of container other than a mechanical container or garbage receptacle related to multiple-family dwellings or the designated facility. Refuse that is collected from the ground is considered loose refuse. Mechanical container. Any detachable metal or plastic container designed or intended to be mechanically dumped into aloader-packer type of garbage truck used by the contractor and includes any motorized or electrical compactor of ten (10) yards capacity or less. Mechanical containers may be constructed of plastic. Further, all mechanical containers must be uniform in color, have closeable lids, and be free of any advertising or other information other than an eight and one-half (8 1/2) by eleven-inch sticker with the name, address and telephone number of the Contractor. Multiple dwelling units. Any building containing five (5) or more permanent living units, not including motels and hotels. Parking lots. Commercial and public lots designed for the parking of any vehicles with the exception of residential parking. Person. Any natural person, owner, agent, corporation, partnership, association, firm, receiver, guardian, trustee, executor, administrator, fiduciary, occupant, lessee, tenant, or representative or group of individuals or entities of any kind. Premises. Lots, sidewalks, alleys, rights-of--way, grass strips, and curbs up to the edge of the pavement of any public thoroughfare. Private property. Property owned by any person as defined in this Section, including, but not limited to, yards, grounds, driveways, entrance or passageways, parking areas, storage areas, vacant land, or body of water. For the purpose of this Chapter, "private property" owners are required to maintain rights-of--way up to the edge of the pavement of any public thoroughfare. Public property. Any area that is used or held out to be used by the public, whether owned or operated by a public interest, including, but not limited to, highways, streets, alleys, parks, recreation areas, sidewalks, grass strips, medians, curbs, or rights-of--way up to the edge of the pavement of any public thoroughfare or body of water. Recyclable materials. ~Te~zsp-~e~s--(~r~^'~~~e~t°`~~~^~~~° ~'' ~~eg~ > > > > 4 ORD NO. 31-08 ~~~°*° °*r°~m. Shall be the same as defined in Chapter 403 of the Florida Statutes. Recycling. oe~,~=~nEk~"~st .,~o,-;.,i~ .,,~,;,.~, „~~,o,-.,,;~o ~.o,.,,,,,o ~„i;,a > > r-a~~te~ic~ Shall be the same as defined in Chapter 403 of the Florida Statutes. Refuse. Commercial trash, household trash and garbage or a combination of mixture of commercial trash, household trash and garbage, including paper, glass, metal and other discarded matter, excluding commercial recyclable materials. Residential do-it yourself projects. Minor residential repairs done exclusively by the homeowner. Residential service. The refuse, recycling and vegetative waste collection service provided to persons occupying residential dwelling units within the City who are not receiving commercial or multifamily services. This would include single-family homes, duplexes, triplexes, quadplexes and mobile homes. Roll-off collection service. . Roll-off collection service shall ~e mean the collection of horticultural or agricultural wastes at horticultural or agricultural nurseries, but only when the customer chooses to use open top roll-off containers for horticultural or agricultural waste, and horticultural and agricultural waste shall not include any other type of waste, including, but not limited to, special waste, garbage or recyclable materials. Roll-out carts. Carts that are either athirty-two (32), sixty-eight (68), or ninety-five- gallon (approximate) wheeled container of a type approved by the City Manager or his designee, and shall be equipped with wheels and a lid. Sludge. The accumulated solids, residues and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. Special waste. Solid or liquid wastes that require special handling and management, which are not accepted at a landfill or other disposal facility or which are accepted at a landfill or other disposal facility at higher rates than is charged for refuse, including, but not limited to, asbestos, whole tires, automobiles, boats internal combustion engines, nonautomobile tires, sludge, dead animals, septic tank waste, hazardous waste, used oil, lead-acid batteries, and biohazardous or biomedical wastes. 5 ORD NO. 31-08 Trash. All refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweepings, broken toys, tools, utensils, and all other accumulations of a similar nature other than garbage, which are usual to housekeeping and to the operation of stores, offices and other business places, but shall not include vegetative waste. Vegetative waste. Any vegetative matter resulting from yard and landscaping maintenance and shall include materials such as tree and shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and similar other matter usually produced as refuse in the care of lawns, landscaping and yards. All grass clippings, leaves, pine needles, and similar small loose items must be bagged or containerized. Vegetative waste, except palm fronds, must be no more than six (6) feet in length and no single item shall weigh more than fifty (50) pounds. Natural Christmas trees shall be considered vegetative waste and will be collected if they are not more than eight (8) feet in length and weight less than fifty (50) pounds. Vegetative waste does not include any form of matter or debris resulting from land clearing or land development. Section 2. That Chapter 51, "Garbage and Trash", is amended by amending subsection 51.15, "Refuse Collection Reserved Exclusively in City or its Contractors", to read as follows: Sec. 51.15. REFUSE COLLECTION RESERVED EXCLUSIVELY IN CITY OR ITS CONTRACTORS. The governmental function of collection, removal and disposition of all roll-off containers, excluding roll-off containers used for construction and demolition debris, and refuse within the municipal limits of the City is exclusively vested in the municipal government of the City or its contractors, and all other individuals, persons, firms or corporations are specifically and expressly prohibited from engaging in that practice or business within the corporate limits of the City and from utilizing the publicly dedicated streets, alleys and other thoroughfares for those purposes Section 3. That Chapter 51, "Garbage and Trash", is amended by deleting subsection 51.16, "Exceptions in Certain Areas and for Certain Types of Collection Services": C ~1 1 ~ Ti ~Z !`Ti DTTn~TC T1~T !` Ti DT A T1~T A DTi A C A 1~TT1 T i nD !`Ti DT A T1~T TVDTi C nTi ~ ~ ~ T i~ r i3 -= ~t ~•,1 .,~ ~l,o !`;~~, l~iT .,,,., - i t~ i t r '-+ ` ~('X~ r cr~ dP 2 gcr r('X cc r c2~ 6 6~ z c p > > > > > > 6 ORD NO. 31-08 > > > Section 4. That Chapter 51, "Garbage and Trash", is amended by amending subsection 51.19, "Industrial and Hazardous Waste Disposal", to read as follows: Sec. 51.19. HAZARDOUS WASTE DISPOSAL. (A) Any persons, businesses or other entities generating :,,,a„°*ri~' ~r~' hazardous wastes shall not be served in the normal manner set forth in this Chapter. All ~~~'~~~*r~~' ~~~' hazardous wastes may be collected by the City or its contractor if both the owner and the City~ree ~~ However, this shall not preclude another qualified ~~~'~~~ hazardous waste disposal company from collecting the ~~~'~~ hazardous waste. > > Section 5. That Chapter 51, "Garbage and Trash", is amended by amending subsection 51.20, "Building Materials", to read as follows: Sec. 51.20. BUILDING MATERIALS. (A) Building materials originating prior to, during, or subsequent to the construction of new buildings, alterations or additions to existing buildings of whatsoever type or from demolition of existing structures will not be collected under the City's residential service. Removal of these building materials is the responsibility of the building contractor or installer and if a roll-off container is used it must be obtained in accordance with Section 51.45 of the Code of Ordinances. (B) Building materials resulting from minor homeowner repairs (residential do-it- yourself projects) which meet the requirements for trash collection must be bundled, bagged or boxed and will be collected at curbside. Discarded lumber pieces must be no longer than four (4) feet without nails. Larger materials may be picked up by special request at an additional charge from the contractor. Section 6. That Chapter 51, "Garbage and Trash", is amended by amending subsection 51.35, "Containers Required for Residential and Commercial Sites", to read as follows: Sec. 51.35. CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL SITES. 7 ORD NO. 31-08 Except as otherwise provided for herein or due to the type of garbage and trash service designated by the City for the subject property, the owner of any real property in or from which litter is accumulated or produced must provide suitable receptacles and containers. These containers must be kept in an accessible location for collection and must be capable of holding all waste materials which would ordinarily accumulate between the times of successive collections. All containers and receptacles as required shall be of safe construction and design and shall be maintained in good serviceable condition at all times. Any receptacles or containers which do not conform to the provisions of this Chapter, or which have ragged or sharp edges or any other defects likely to hamper or injure the person collecting the contents thereof or the public generally, shall be promptly replaced upon notice. The City Manager, or his/her desi'~nee, shall determine the quantity and location of receptacles and determine whether the receptacles and containers are serviceable. Section 7. That Chapter 51, "Garbage and Trash", is amended by deleting subsection 51.37, "Use of Other Units and Containers": ~eE-5~~?. Trc~ n~ n~ru~n Tr~r T~rc ~ ~m rn~r~r ~ T~r~nc. > > . . > > Section 8. That Chapter 51, "Garbage and Trash", is amended by amending subsection 51.45, "Construction and Demolition Sites", to read as follows: Sec. 51.45. CONSTRUCTION AND DEMOLITION SITES AND COLLECTION OF CONSTRUCTION AND DEMOLITION DEBRIS. It shall be unlawful for any construction or demolition contractor to fail to provide onsite suitable receptacles, bulk containers or detachable containers for loose debris, paper, building material waste, scrap building material and other trash produced by those working on the site. All material shall be containerized by the end of each day, and the site shall be kept in a reasonably clean and litter-free condition. The number of receptacles, bulk containers or detachable containers shall be determined by the City Manager or his/her designee. Construction sites shall be kept reasonably clean and orderly at all times. When roll-off containers are used it shall be in accordance with Subsection (Bl of this Section. *'~~~~ ~'~~" '~~ ~'~*~~~~~' ~ ~~ *'~~ r:*~~'~ r~~*r~~*~r e ..---- °-------- ..__-- --------_-- -----r°--~ r---- -- ---- -------~- °°-- -- ----- --°---°----~ ---- __ ___- ~aY_________. 8 ORD NO. 31-08 Enga~in~ in business of Construction and Demolition (C&D) debris collection and disposal; issuance of non-exclusive franchise agreement to C&D Debris Service Providers. (1) No person, firm or corporation shall place and/or service roll-off containers for the collection and transport of C&D debris in the City without first applyin~ for and receiving a non-exclusive franchise from the City to carry on such a business. The non- exclusive franchise required by this section shall be in addition to any business tax and other license(s) which otherwise may be required by law. (2) It shall be unlawful for any C&D Debris Service Provider to provide roll off container service to any~roperty located within the corporate limits of the City except between the hours of 6:00 a.m. to 6:00 p.m. Monday -Friday, and 7:00 a.m. to 6:00 p.m. on Saturday. (3) No franchise granted pursuant to this section shall be deemed the property of the holder thereof. (4) The City reserves the power to revoke all franchises granted pursuant to this section, to change or limit the rights granted or to otherwise modify such franchises, in its sole discretion, by ordinance duly enacted by it. Such action shall not be deemed a taking of a property, or an impairment of contract or right of any franchisee. It is the express intention of this section to reserve unto the City the power, in its sole discretion, to alter the methods of C&D debris collection and disposal employed in the City, and the manner in which C&D debris services may be provided within the Cites (5) The franchise(s) shall be granted only after the applicant for the franchise has filed with the Community Improvement Department an application and such other documentation as may reasonably be required to establish that the applicant meets all of the requirements delineated in this section. (6) Franchise period. No franchise shall be issued for more than 1 year, and all franchises shall expire on September 30 of each year. Application for renewal is required on or before September 30. (7) Franchise fees. For each franchise granted on or between October 1 and March 31 of anyyear, the full franchise fee as specified herein, for one year shall be paid. For each franchise granted on or between April 1 and June 30, one-half of the full fee for one year shall be paid. For each franchise granted on or between July 1 and September 30, one-fourth of the full amount for one year shall be paid. Upon payment of the applicable fee and approval of the application for a franchise (or renewal), the City will enter into a franchise agreement, in a form acceptable to the City, which franchise shall expire at the end of the period for which such franchise is granted as hereinabove specified. It shall be no defense of nonpayment of the franchise fee that a franchisee has not received any bill or notice from the City. The franchise fees are as follows: Annual Permit Fee - $3000.00 Application Fee - $1000.00 Franchise Activity Fee - 10% of dross revenue from C&D collection (to be paid monthl ORD NO. 31-08 (8) A~lications for anon-exclusive franchise (or renewal) shall be made to the City upon such form and in such manner as shall be prescribed by the Community Improvement Director to elicit the following information and to be accompanied by su~portin~ documents and such other information as may be required by the City_ a. Name of applicant. If the applicant is a legal entity, the names and business addresses of the principal officers and stockholders and other persons having any financial or controlling interest in the partnership or corporation; provided, however, that if the corporation is a publicly owned corporation having more than 25 shareholders, then only the names and business addresses of the local managing officers shall be reauired. b. Qualifications of a~licant. The applicant for a franchise under this section, if an individual, or in the case of a legal entity, any person having any financial, controlling or managerial interest therein, shall provide the following information, which shall be the submitted by the applicant: Performance history. The names and telebhone numbers of the contact persons in other communities or agencies who can provide information about the applicant s past performance. ii. Business history. Whether such applicant has operated a C&D debris roll off container service business under a franchise, permit or license, and if so, where, when, and whether such franchise, permit or license has ever been revoked or suspended and the reasons therefor. iii. Existence of business entity. If the a~licant is a legal entity, a~licant shall submit proof of good standing in the state of organization and, if a foreign legal entity, applicant shall provide information certifyin tg hat a~licant is qualified to do business in the State of Florida. If applicant is operating under a fictitious name, applicant shall be required to submit information that such fictitious name is registered and held by applicant. c. Equipment and method of operation. The applicant for a franchise shall possess equipment capable of providing safe and efficient service. In making such a determination and a~provin~ the method of operation for each applicant, the City shall require the following information: i. The type, description, and estimated number of all equipment to be used by the a~licant for providing service. The number of employees to be used in providing services. iii. A sworn and notarized statement that the a~licant will use only disposal sites approved by the appropriate County/State/Federal re~,ulatory agencies for disposing of all C&D debris. d. Insurance and bonding requirements. i. The applicant for a franchise shall be required to maintain at all times, and provide a~ropriate certificates of insurance to the City for, a commercial eg neral liability insurance policy to cover liability for damages because of bodily injury to any person or persons, and to cover liability damage of property of any_person arising from of 10 ORD NO. 31-08 in connection with C&D debris roll-off container service within the City in the amounts as follows: Worker's Compensation Insurance: Worker's Compensation coverage must be maintained in accordance with statutory requirements as well as Employer's Liability Coverage in an amount not less than $100,000.00 per each accident, $100,000.00 by disease and $500,000.00 ag~re by disease. Liability Insurance: The applicant shall, during the term of this Agreement, and any extensions hereof maintain in full force and effect commercial general liability insurance policy and automobile liability insurance policy, which specifically covers all exposures incident to the applicant's operations under this contract. Such insurance shall be with a compan~ptable to the City and each policy shall be in an amount of not less than $1,000,000.00 Combined Single Limit for personal bodilyjury, including death, and property damage liability and the general liability shall include but not be limited to coverage for Premises/Operations, Products/Completed Operations, Contractual, to support the applicant's agreement or indemnitX and Fire Leal Liability. In addition to the above liability limits, the applicant shall maintain a $5,000,000.00 umbrella and/or excess liability coverage. Policy~ies) shall be endorsed to show the City, a municipal corporation in the State of Florida, as an additional insured as its interests may appear: and shall also provide that insurance shall not be canceled, limited or non-renewed until after thirty (30) days' written notice has been liven to the City. Current certificates of insurance evidencing required coverage must be on file with the City at all times. ii. Cash or a letter of credit in an amount of $15,000.00 for the first year of the franchise issuance. In subsequent years the amount shall be equal to the applicant s previous 12-month franchise fee(s) paid to the City or $15,000.00, whichever is red ater, as security for any fee(s) due to the City under the franchise agreement(s) conditioned upon the compliance of the terms of this section in such form as acceptable to the City Attorney. e. Application form. Each application for a franchise (or renewal) shall be made on a standard form promul ate ed by the Community Improvement Department and shall include an affirmation that the applicant shall comply with the requirements of this section and any agreements entered into between the City and the applicant. (9) Review and issuance. The completed application along with the appropriate fee s) shall be submitted to the City. Upon receipt of a completed application and fee(s), the Community Improvement Director shall provide for the review of said application and the City shall either grant or deny the application or renewal (10) Denial of application. The City shall have the discretion to deny any application for anon-exclusive franchise (or renewal) under any of the following circumstances: a. Failure to combly with any of the reauirements of this section and/or an agreements thereto; b. Evidence that the applicants franchise with the City was previously 11 ORD NO. 31-08 terminated within 5 years prior to the date of the a~lication; c. Evidence that the applicant previously operated a C&D debris roll off container service in the City without holding a valid franchise after the effective date of this section; or d. A finding that the a~licant lacks sufficient experience, equipment, staff, or disposal plan to safely comply with the requirements of this section and/or the franchise agreement. In the event the Community Improvement Director denies an application for a franchise, the a~licant shall be notified, by certified mail, of the denial and the reasons for the denial. (ll) Appeal from the Community Improvement Director of the denial of a franchise or renewal a. The denial of a franchise (or renewal) by the Community Improvement Director may be appealed to the City Manager. The applicant shall pay the appeal fee of five hundred ($500.00) dollars and the meal shall be filed in writing with the City Manager no later than 14 days after the mailing of the certified letter advising the applicant of the denial. The Citv Manager shall either affirm the decision of the Communi Improvement Director or issue the franchise (or renewal). A decision of the City Manager to affirm the decision of the Community Improvement Director shall be final. (12) Identification of equipment. All equipment utilized to collect and transport C&D debris in the City must be conspicuously marked on both sides of the automotive unit with the name of the franchisee, and roll-off containers shall be conspicuously marked with the name of the franchisee, tare weight and cubic yard capacity. All markings must be in letters and numerals at least two inches in height. All containers shall display the City's franchise sticker provided by the City at the issuance of a franchise. This sticker shall be in a position to be seen from the abutting street at all times. (13) Placement and maintenance of containers. Roll off containers may only be placed, or allowed to remain, on a property for which a buildingpermit has been issued, has not expired, and otherwise remains in full force and effect. Roll off containers shall not be placed in the public right-of--way. Equipment and other franchisee property shall be maintained, and all operations shall be conducted, in compliance with Chapter 51 of the Code of Ordinances. The City, in its discretion, may require a change in the location of, or replacement of, a container if it becomes an unsightly nuisance, causes a code violation to occur, poses a threat to the surrounding environment, threatens the health and/or safety of the City's population, or becomes unsanitary and/or inoperable. (14) Information required of franchisees. a. Monthly filings. Within ten days from the first day of each month, franchisees shall deliver to the City a true and correct monthly report of dross receipts generated during the previous month from accounts within the City. This detailed monthly report shall include the customer names. service addresses. account numbers and the actual amount billed to each customer. 12 ORD NO. 31-08 b. Annual filings. Franchisees shall, on or before November 1 of ever~year, upon request, deliver to the City a statement reflecting annual dross receipts generated from accounts within the corporate limits of the City, compiled by an independent certified public accountant, for the preceding October 1 through September 30. This rebort shall include the customer names service addresses. account numbers and the actual amount billed to each customer. c. Audit of records. By acceptance of a franchise and in consideration of the receipt thereof, the franchisee shall make available, within three business days after notice, all records of the franchisee which pertain to any container placed within the City, including but not limited to contracts, trip tickets, invoices, state and federal tax returns, and any documents su~portin~ the information compiled within the supplemental filings required by subsections (a) and (b) above, for inspection and auditing by the City. This information shall include, but not be limited to, copies of the following. billin rg ates, billing amounts, and accounts receivable. Additionally, the City's auditors may communicate directly with customers of the franchisee for the purpose of confirming compliance with this section. In the event any audit reveals that a franchisee has failed to pay the full franchise fee, the franchisee shall pay a franchise fee of three (3) times the original amount due. Additionally, the franchisee shall reimburse the City for all expenses incurred by the City pursuant to this paragraph, including audit costs, court costs, and reasonable attorneys' fees. d. Change in required information. Each franchisee shall file any change in information which is required to be submitted to the City by filing the changed information with the Community Improvement Director. (15) Any and all solid waste material collected by a franchisee within the City shall be disposed of only at disposal sites approved by the appropriate County/State/Federal re~ulatory agencies. Recyclin~ of such solid waste material is encouraged by the Cites (16) All franchisees shall comply with the provisions of this section. The City may use the reports required in this section and other information available to determine compliance of franchisees. (17) All franchises shall pay a monthly non-exclusive franchise activity fee as specified by this section based on a percentage of the franchisee's total dross revenue for the preceding month for all charges for service, including charges for furnishing containers, disposal costs and charges for transport of containers. (18) Revocation and suspension of non-exclusive franchise. The Community Improvement Director may, in his/her discretion, revoke or suspend anon-exclusive franchise pursuant to the following: a. The Community Improvement Director shall provide the franchisee with written notice reasonably specifying the reason(s) for the proposed revocation or suspension of the franchise, and the franchisee shall be afforded five business days to cure the violation stated in such notice. b. The violation of any of the provisions of this section and/or of any ent between the Citv and franchisee shall be cause for revocation or suspension of 13 ORD NO. 31-08 a franchise. c. In the event the franchisee fails to cure the violation within five business days, the Community Improvement Director may revoke or suspend a franchise and may immediately declare such franchise null and void, and upon such revocation or suspension, franchisee shall immediately cease all operations, and shall be considered to have forfeited said franchise and any ri ht~ s acquired thereunder. The franchisee shall remove all C&D debris roll-off containers within ten business days after the mailing of notice of revocation or suspension. In the event all C&D debris roll-off containers are not removed within ten business days after the mailing of notice of revocation or suspension, (i) the cash or letter of credit funds posted pursuant to this section shall be forfeited; and (ii) the City shall order the property owner or general contractor to remove same within 5 business days. In the event the property owner or the general contractor fails to remove same within 5 business days, such failure shall constitute a violation of this section. (19) Appeal from the Community Improvement Director of the revocation or suspension of franchise. a. The revocation or suspension of a franchise by the Community Improvement Director may be appealed to the City Manager. The applicant shall pay an meal fee of five hundred ($500.00) dollars and the appeal shall be filed in writing with the City Manager no later than 14 days after the mailing of the certified letter advising the applicant of the revocation or suspension. b. The City Manager shall either affirm the decision of the Community Improvement Director or direct the Community Improvment Director to reinstate the franchise. The decision of the City Manager shall be final. 20 No Assignment or Transfer. No applicant shall be allowed to assign or transfer anon-exclusive franchise permit to collect C&D in the City without first obtaining the Citd s written consent. (21) Violation. a. Persons with an interest in property. It shall be a violation for any person to permit collection of C&D debris by any non-franchised C&D debris service providers from any barcel of land owned or leased bv_ or in the control of such Berson . b. General contractors. It shall be a violation for any general contractor to permit collection of C&D debris by any non-franchised C&D debris service providers from any_parcel of land which the general contractor holds a building permit. Section 9. 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 10. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 14 ORD NO. 31-08 Section 11. That this ordinance shall become effective on October 1, 2008. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200 ATTEST: MAYOR City Clerk First Reading Second Reading 15 ORD NO. 31-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: July ll, 2008 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF JULY 15, 2008 ORDINANCE 31-08 ITEM BEFORE COMMISSION City Commission consideration of Ordinance No. 31-08 amending Chapter 51, "Garbage and Trash" of the Code of Ordinances, to include definitions and to establish requirements and provisions for granting non-exclusive franchises for construction and demolition debris roll-off container service. BACKGROUND At the regular meeting of July 1, 2008, the City Commission approved Amendment #3, which extended the franchise agreement between the City and Waste Management to provide for the collection of garbage, trash and recycling services, with a provision for anon-exclusive collection of construction and demolition (C&D) debris. The amendment extends the agreement another five (5) years effective October 1, 2008 through September 30, 2013. The amendments proposed for Chapter 51 provide for consistency with the revised franchise agreement. Staff has summarized, in this transmittal memorandum, the amendments under Section 51.45, which provide for the non-exclusive collections of C&D, performance standards governing such collections, the application process, the rates and fees for such service and the enforcement of these provisions. A summary of the non-exclusive collection procedures are as follows: Provides for an application and requirements for approval, performance standards and the requirement to enter into a franchise agreement with the City. Established the franchise period as one (1) year, expiring on September 30th of each year. Application for renewal is due on or before September 30th of each year. Establishes franchise fees as: • $3,000 -Annual Franchise Fee - (may be pro-rated based on the date of the approved franchise agreement as described within the ordinance) . $1,000 -Application Fee . 10% of gross revenue from C&D collection to be paid monthly • Cash or Letter of Credit in the amount of $15,000 for the first year of the franchise issuance • $500 -Appeal Fee for the denial of an application or renewal franchise agreement . Monthly and Annual filing requirements . Audit Requirements RECOMMENDATION Staff is recommending City Commission approval of Ordinance 31-08 on first reading. City of Delray Beach Community Improvement Department Construction & Demolition Roll-Off Services Franchise Auulication Applicant Information: Name Address City/State/Zip Code Phone Numbers Contact Name To the Applicant: The following information checklist is provided to assist you in preparing your application for a non-exclusive franchise to provide containers for construction and demolition debris collection and disposal services to properties located in the City of Delray Beach. Please provide the required information identified in this checklist as an attachment to the franchise application. Franchise Application Requirement And Requirement Checklist 0 1. Name(s) and business address(es) of principal officers and stockholders and other persons having financial or controlling interest in any partnership or corporation; 0 2. Name(s) and business address(es) of local managing officers of any publicly-owned corporation having more than 25 shareholders; 0 3. Proof that corporation is in good standing in the State, and if not a Florida corporation, proof that applicant is qualified to do business in the State of Florida; 0 4. If applicant is other than a corporation, and is operating under a fictitious name, applicant shall be required to submit information that such fictitious name is registered and held by applicant; o ~. List of type, number and complete description of all equipment to be used by applicant for providing safe and efficient services; 0 6. Applicant shall maintain in full force and effect insurance as specified, and filed with the City a certificate of insurance for all policies written in applicant's name, to remain on file with the City for the franchise term to include: ^ Liability Insurance: Commercial general liability insurance policy and automobile liability insurance policy, covering all exposures incident to the applicant's operations under franchise, acceptable to the City and each policy shall be in an amount of not less than $1,000,000.00 as defined within the ordinance. ^ The applicant shall maintain a $5,000,000.00 umbrella and/or excess liability coverage. Policy(ies) shall be endorsed to show the City, a municipal corporation in the State of Florida, as an additional insured. ^ Workers compensation as required by statutory requirements and Employer's Liability Coverage not less than $100,000 per each accident, $100,000 by disease and $500,000 aggregate by disease. 0 7. Applicant shall include cash, letter of credit, or a Performance Bond in the amount of $15,000 for the 1st year of the franchise issuance. In subsequent years, the amount shall be equal to the previous 12-month franchise fees paid to the City, whichever is greater. 0 8. Applicant shall pay the City anon-refundable application fee and a Full Franchise Annual Fee as specified in the User Fees Schedule-Delray Beach Municipal Facilities and Services schedule. (Attachment A) 0 9. Indicate how many City Franchise stickers will be needed. Definitions• 1. Applicant: a person or corporation applying to the City of Delray Beach for anon-exclusive franchise to provide construction and demolition roll-off containers and/or collect construction and demolition debris within the City for hire, remuneration or other consideration. 2. Franchise: person or corporation to whom the City has issued anon-exclusive franchise to provide roll-off containers for construction and demolition services and/or to provide construction and demolition debris collection and disposal services to properties in the City. 2 City of Delray Beach Community Improvement Department Construction & Demolition Roll-Off Services Franchise Auulication Applicant agrees to comply with all applicable provisions of the City of Delray Beach, Florida, Code of Ordinances Chapter 51, Section 51-45 as maybe amended. Applicant Name (print or type) Applicant Signature Application Submission Date Application Received By Date Application Fee Received By Check Number Check Date Approved City Manager/Designee Signature Date 3 City of Delray Beach Community Improvement Department Construction & Demolition Roll-Off Services Franchise Auulication AFFIDAVIT ACKNOWLEDGMENT OF BUSINESS TYPE The below-named person, as applicant or legal representative for applicant, does hereby certify that all required information has been attached to the application and becomes a part thereof. Applicant or applicant's legal representative agrees that applicant will comply with all provisions of the City of Delray Beach Code of Ordinances, the laws, rules, ordinances and regulations of Palm Beach County, the State of Florida and the United States of America. BUSINESS ADDRESS OF APPLICANT: Address City State Zip Code Telephone No. Fax No. Federal ID No. SIGNATURE OF APPLICANT: If an Individual: doing business Signature as If a Partnership: General Partner Signature If a Corporation: (a by: Signature Title: Attest: Corporate Secretary NOTARY PUBLIC: (SEAL) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this date of 2008, by (wlxo are) personally IA2own to mE or who has produced as ident~cation and who did (did not) take an oath. NOTARY PUBLIC SIGNATURE: NOTARY NAME, PRINTED, TYPED OR STAMPED - Commission Nitimber.• My Commission Expires Corporate Name Corporation) by: who is 4 CITY OF DELRAY BEACH Monthly Franchise Report For the month of 2008 Customer Name Service Address Gross Revenue Franchise Fee MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Assistant Director of Planning & Zoning Paul Dorling, AICP, Director of Planning & Zoning THROUGH: David T. Harden, City Manager DATE: July 30, 2008 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 ORDINANCE N0.36-08 (FIRST READING/FIRST PUBLIC HEARINGI ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations to rebuild in additional circumstances, in the event of an act of God. BACKGROUND Current regulations allow residential and commercial structures that have been destroyed by an Act of God (the event), to be rebuilt in accordance with the use and number of units permitted by their respective certificates of occupancy in existence prior to the event. Such rebuilding is required to comply with applicable provisions of the Land Development Regulations to the greatest extent possible. The proposed ordinance adds the term square footage to clarify that the structure's square footage figure permitted by the certificate of occupancy is also recognized as rebuildable in circumstances involving an act of God. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on July 21, 2008. The Board unanimously recommended approval on a 4 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 36-08 for aCity-initiated amendment to the Land Development Regulations as reflected in the attached ordinance, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE N0.36-08 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 1.3.8 "RECONSTRUCTION NECESSITATED BY AN ACT OF GOD", SUBSECTION (A) TO PROVIDE FOR THE ABILITY TO REBUILD IN ADDITIONAL CIRCUlV1STANCES, IN THE EVENT OF AN ACT OF GOD; PROVIDING A SAVING CLAUSE, A GE NE RAL 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 July 21, 2008, and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, siding as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary 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 1.3.8, "Reconstruction Necessitated by An Act of G od" Subsection (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: (A) If a lawful nonconforming residential or commercial structure is damaged or destroyed by an Act of God (the event), the owner shall be permitted to rebuild the structure in accordance with the use and number of units and square footage permitted by the certificate of occupancy in existence prior to the occurrence of the event. Where necessary, in order to accommodate the use or the same number of such units, structures maybe reconstructed to heights previously established on building permit plans approved prior to the occurrence of the event. All rebuilding shall comply with fire and building codes in effect at the time of reconstruction and shall comply to the greatest extent possrble with applicable provisions of the Land Development Regulations. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent j urisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. ATTEST MAYOR City Clerk First Reading Second Reading ORD. NO. 36-08 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JULY 21, 2008 AGENDA NO: IV.F. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 1.3.8, "RECONSTRUCTION NECESSITATED BY AN ACT OF GOD", TO PROVIDE FOR THE ABILITY TO REBUILD IN ADDITIONAL CIRCUMSTANCES IN THE EVENT OF AN ACT OF GOD. 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) that allows reconstruction necessitated by an act of God. 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 Current regulations allow residential and commercial structures that have been destroyed by an Act of God (the event), to be rebuilt in accordance with the use and number of units permitted by their respective certificates of occupancy in existence prior to the event. Such rebuilding is required to comply with applicable provisions of the Land Development Regulations to the greatest extent possible. The proposed ordinance adds the term square footage to clarify that the structure square footage figure permitted by the certificate of occupancy is also recognized as rebuildable in circumstances involving an act of God. 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. Relevant sections of the Comprehensive Plan are cited below: Policy D-3.2 The long range redevelopment portion shall provide for land use and character of development which presently exists except that the height of reconstructed buildings shall be limited to the then current height regulations of the City, except as provided in Policy C-3.5. Policy C-3.5 Whenever a commercial, residential, hotel, motel, or resort dwelling unit structure is destroyed to an extent of greater than 50% of its value by disaster, the structure may be rebuilt to pre-disaster use, densities and heights if permit applications are submitted within one year following the disaster. Current fire and building codes shall be met; current parking, building setbacks, and landscape requirements shall be complied with as closely as possible. For Planning and Zoning Board Meeting, July 21, 2008 LDR Amendment -Act of God purposes of this policy, disaster means any non-self imposed catastrophic damage including, but not limited to, fire, flood and storm. Revised by Amendment 07-1] Proposed ordinance additional language to include the term "square footage" further clarifies that the square footage area will be recognized and rebuildable in the event of an Act of God. This provision continues to be consistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 1.3.8, "Reconstruction Necessitated by an Act of God," 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, Section 1.3.8, "Reconstruction Necessitated by an Act of God," 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 meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 1.3.8, "Reconstruction Necessitated by an Act of God," 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 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald R. Hoggard, Jr., AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: July 29, 2008 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 ORDINANCE N0.33-08 (FIRST READING/FIRST PUBLIC HEARINGI ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations Section 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A), "Defined" and Article 4.7 "Family / Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(p.), "Southwest Neighborhood Overlay District," to modify the description and provide for expansion of the Southwest Neighborhood Overlay District. BACKGROUND On November 20, 2007, the City Commission adopted Comprehensive Plan Amendment 2007-2, which included a City initiated text amendment to expand the Southwest Neighborhood Overlay District by amending the description of the Medium Density FLUM designation to include the area along SW 12th Avenue, between SW 2nd Street and SW 3rd Street. This area is part of a large scale private sector redevelopment initiative that will have a major effect on the stabilization and revitalization of the entire neighborhood; provide much needed workforce housing; and become a catalyst for additional redevelopment. The purpose of the proposed LDR text amendment is to implement the adopted Comprehensive Plan amendment. The text amendment consists of amending the description of the overlay district within Section 4.5.9 and amending the description and the map within LDR Section 4.7.1(p) which depicts the Southwest Neighborhood Overlay District. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on July 21, 2008. No one from the public spoke on the item. The Board unanimously recommended approval on a 4 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 33-08 for aCity-initiated amendment to the Land Development Regulations Section 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A), "Defined" and Article 4.7 "Family /Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(p.), "Southwest Neighborhood Overlay District," to modify the description and provide for expansion of the Southwest Neighborhood Overlay District, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 33-08 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 4.5.9, "THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", SUBSECTION 4.5.9(A), "DEFINED", AND BY AMENDING ARTICLE 4.7, "FAMILY/WORKFORCE HOUSING", SECTION 4.7.1, "DEFINITIONS", BY REPEALING SUBSECTION 4.7.1(p), "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" AND ENACTING A NEW SUBSECTION 4.7.1(p), "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", TO MODIFY THE DESCRIPTION AND PROVIDE FOR EXPANSION OF THE SOUTHWEST NEIGHBORHOOD OVERLAY 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 July 21, 2008, and voted 4 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 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A), "Defined", 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 ORD. NO. 33-08 (A) Defined: The Southwest Neighborhood Overlay District is the area zoned RM located between Interstate 95 and N.W. 1st Avenue from Atlantic Avenue to S.W. 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street. The applicable regulations set forth in Section 4.7, "Family/Workforce Housing" (in addition to applicable Land Development Regulations) shall apply to this district. Section 3. That Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.71(p), "Southwest Neighborhood Overlay District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed and a new Subsection 4.71(p), "Southwest Neighborhood Overlay District", is enacted to read as follows: p. Southwest Neighborhood Overlay District -The area zoned RM between Interstate 95 and N.W. 1st Avenue, from Atlantic Avenue to S.W. 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street, as shown in the map below. 2 ORD. NO. 33-08 Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective 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 MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 33-08 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: JULY 21, 2008 AGENDA NO: IV.C AGENDA ITEM: CONSIDERATION OF A CITY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.5.9, "THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" AND "ARTICLE 4.7 "FAMILY/WORKFORCE HOUSING", TO MODIFY THE DESCRIPTION AND PROVIDE FOR EXPANSION OF THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a City initiated amendment to Land Development Regulations Section 4.5.9, "The Southwest Neighborhood Overlay District" and Article 4.7, "Family/ Workforce Housing", to modify the description and provide for expansion of the Southwest Neighborhood Overlay District. 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 Family/Workforce Housing Ordinance, adopted by the City Commission on December 6, 2004, included incentives to provide workforce housing by allowing density bonuses within the Southwest Neighborhood Overlay District. On April 4, 2006, the City Commission adopted Ordinance No. 18-06, to expand the Program by providing additional opportunities and incentives for the provision of workforce housing. These modifications included an increase in the maximum density for the "Carver Estates Overlay District" from 12 units per acre to 24 units per acre and the creation of a new overlay district, the "Infill Workforce Housing Area," with a maximum density of 18 units per acre. On November 20, 2007, the City Commission adopted Comprehensive Plan Amendment 2007- 2, which included a City initiated text amendment to expand the Southwest Neighborhood Overlay District by amending the description of the Medium Density FLUM designation to include the area along SW 12th Avenue, between SW 2nd Street and SW 3~d Street. This area is part of a large scale private sector redevelopment initiative that will have a major effect on the stabilization and revitalization of the entire neighborhood; provide much needed workforce housing; and become a catalyst for additional redevelopment. The purpose of the proposed LDR text amendment is to implement the adopted Comprehensive Plan amendment. The text amendment consists of amending the description of the overlay district within Section 4.5.9 and amending the description and the map within LDR Section 4.7.1(p) which depicts the Southwest Neighborhood Overlay District. IV.C. Planning and Zoning Board Memorandum Staff Report, July 21, 2008 Amendment to LDRs to Expand the Southwest Neighborhood Overlay District Page 2 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. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and the following applicable objectives and policies were noted: Future Land Use Element Objective A-7: To encourage the provision of workforce housing in the City, the following policies shall be implemented. Policy A-7.1: The maximum density may be increased within the Medium Density, General Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program". The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. Policy A-7.2: Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri-rail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. • The /-95/CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10th Street Overlay District shall have a maximum density of 12 units per acre. • The Four Corners Overlay District shall have a maximum density of 30 units per acre. • All other Overlay Districts shall have a maximum density of 18 units per acre. The proposed amendment will further these policies by supporting expansion of the Workforce Housing Program. The goal of this program is to encourage the provision of housing which is affordable to very low to moderate income households. Based on the above, a positive finding can be made that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive. REVIEW BY OTHERS Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. Planning and Zoning Board Memorandum Staff Report, July 21, 2008 Amendment to LDRs to Expand the Southwest Neighborhood Overlay District Page 3 ASSESSMENT AND CONCLUSION The purpose of this privately initiated LDR text amendment is to implement a text amendment adopted as part of Comprehensive Plan Amendment 2007-2, which expands the Southwest Neighborhood Overlay District to the south along SW 12th Avenue, between SW 2nd Street and SW 3~d Street. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). RECOMMENDED ACTION Move a recommendation of approval to the City Commission for a City initiated amendment to Land Development Regulations Section 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A), "Defined" and Article 4.7 "Family /Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(p.), "Southwest Neighborhood Overlay District," to modify the description and provide for expansion of the Southwest Neighborhood Overlay District, 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 the criteria set forth in LDR Section 2.4.5(M)(5). Attachments: • Location Map • Proposed Ordinance s:\planning & zoning\boards\p&z board\Idr amendment workforce housing expansion of southwest neighborhood overlay.doc OSR CF CF CF A T L A N T I C W. 3RD CT. AUBURN [~J~ A V E N U E ~~~~~~u N EXPANSION OF SO~JTHWEST NEIGHBORHOOD ~ OVERLAY DISTRICT CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT ~ EXISTING OVERLAY DISTRICT PROPOSED ADDITION TO OVERLAY DISTRICT -- D/G/TAL BASE MAP SYSTEM -- MAP REF: LM1020 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 31, 2008 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 ORDINANCE N0.32-08 ITEM BEFORE COMMISSION This item is before Commission for an ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending Section 35.097, "Retirement Income; Basis, Amount and Payment", providing up to one (1) additional year of credited service for certain employees who elect to terminate City employment and retire on or before September 30, 2008. BACKGROUND At the first reading on July 15, 2008, the Commission passed Ordinance No. 32-08. RECOMMENDATION Recommend approval of Ordinance No. 31-08 on second and final reading. ORDINANCE NO. 32-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT", PROVIDING UP TO ONE ADDITIONAL YEAR OF CREDITED SERVICE FOR CERTAIN EMPLOYEES WHO ELECT TO TERMINATE CITY EMPLOYMENT AND RETIRE WITHIN A 60 DAY PERIOD SET BY THE CITY COMMISSION; PROVIDING A GENERAL REPEALER CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending section 35.097, "Retirement Income; Basis, Amount and Payment", subsection (M), "Early retirement Incentive", to read as follows: Sec. 35.097. RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT. (M) Early Retirement Incentive. (1) Effective October 1, 2002, an early retirement incentive program shall be provided in accordance with this Section. The availability of the early retirement incentive in any plan year shall be determined by the City. The City shall provide all eligible employees with at least thirty (30) days advance notice that the early retirement incentive will be offered. The early retirement incentive program shall be voluntary for all eligible employees. (2) Employees who are one hundred (100) percent vested and within two (2) years of their earliest normal retirement date at the beginning of the plan year in which the early retirement incentive is offered shall be eligible for the early retirement incentive. In any plan year in which the early retirement incentive is offered, eligible employees shall be given an opportunity to elect the early retirement incentive within sixty (60) days following receipt of notice that the early retirement incentive is being offered. The employee's election shall be made in writing on a form provided by the City, and shall be irrevocable. (3) Eligible employees who elect the early retirement incentive shall have their retirement benefit calculated in accordance with Section 35.097(A), based on credited service and final monthly compensation as of the last day of employment. There shall be no actuarial reduction as defined in Section 35.097(B)(2). Employees who elect the early retirement incentive shall immediately retire and terminate City employment. (4) Effective September 1, 2007 through September 30, 2007, any eligible employee who elects the early retirement incentive and any employee age 58 or older who elects to terminate City employment and retire on or before September 30, 2007, shall receive up to one additional year of credited service, at no cost to the employee, for the purpose of calculating the employee's normal retirement income; provided, in no event shall any employee's credited service exceed 30 years. Effective August 1, 2008 through September 30, 2008, any eligible employee who elects the early retirement incentive and any employee aye 58 or older who elects to terminate City employment and retire on or before September 30, 2008, shall receive up to one additional year of credited service, at no cost to the employee, for the purpose of calculating the employee's normal retirement income; provided, in no event shall anX employee's credited service exceed 30 years. (5) An employee who elects to receive the early retirement incentive under this subsection cannot also participate in the Deferred Retirement Option Plan under Section 35.110. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. ATTEST: MAYOR City Clerk First Reading 2 ORD NO. 32-08 Second Reading ORD NO. 32-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Assistant Director Planning & Zoning Paul Dorling, AICP, Directror Planning & Zoning THROUGH: David T. Harden, City Manager DATE: July 30, 2008 SUBJECT: AGENDA ITEM 10.F. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 ORDINANCE N0.34-08 (FIRST READING/FIRST PUBLIC HEARINGI ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations that clarifies when temporary signs must gain permission from private property owners. BACKGROUND Temporary non-commercial signs are currently allowed in public rights-of-way. This proposed ordinance requires that permission from the adjacent private property owner first be obtained. Further, clarification is included to allow temporary non-commercial signs on private property so long as the property owner's permission is obtained. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on July 21, 2008. The Board unanimously recommended approval on a 4 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 34-08 for aCity-initiated amendment to the Land Development Regulations as reflected in the attached ordinance, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE N0.34-08 AN ORDINANCE OF THE CITY COMNi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, SY AMENDING SECTION 4.6.7, "SIGNS", SUBSECTION (H), "EXEMPT SIGNS", SUS-SUBSECTION (10), "TEMPORARY SIGNS", TO CLARIFY WHEN TEMPORARY NON COMMERCIAL SIGNS PLACED ON THE PUBLIC RIGHT-OF-WAY OR ON PRIVATE PROPERTY REQUIRE THE OWNER'S PERMISSION; 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 July 21, 2008, and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, siding as the Local Planning Agency, has deternuned that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary 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, SE IT ORDAINED SY 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 4.6.7, "Signs", Subsection (H), "Exempt Signs", Sub-Subsection (10), "Temporary Signs", 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: (10) Temporary Signs: (a) Temporary Non-Commercial Signs 1. Temporary non commercial signs may be placed on public rights-of-ways contiguous to private property with the adjacent private property owner's permission. Such signs shall not be placed in medians or on portions of rights- of-way contiguous to publicly owned property. 2. Each temporary non commercial sign within a public right-of-way shall be removed within ten (10) days after the date of event, election or referendum If said signs are not removed prior to the expiration of the ten (10) day period the sign shall constitute an abandoned sign and the City shall remove the sign. 3. Temporary non commercial signs are permitted on private property the owner's pertrrission; however, ono temporary non commercial sign shall exceed twelve square feet (12 sq. ft.) per sign face in area on any private lot or parcel. Signs may not be placed in a location that constitutes a safety hazard or hindrance to pedestrian or vehicular traffic. 4. Any temporary non commercial sign in the public right-of-way shall not exceed three square feet (3 sq. ft.). No temporary non commercial sign shall be placed on any public property (non right-of-way). Signs may not be placed in a location that constitutes a safety hazard or hindrance to pedestrian or vehicular traffic. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading ORD. NO. 34-08 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE AGENDA NO: JULY 21, 2008 IV.G. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 4.6.7, "SIGNS" TO CLARIFY WHEN TEMPORARY NON-COMMERCIAL SIGNS PLACED ON THE PUBLIC RIGHT-OF-WAY OR ON PRIVATE PROPERTY REQUIRE THE OWNER'S PERMISSION. 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) that clarifies when temporary signs must gain permission from private property owners. 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 Temporary non-commercial signs are currently allowed in public rights-of-way. This proposed ordinance requires that permission from the adjacent private property owner first be obtained. Further, clarification is included to allow temporary non-commercial signs on private property so long as the property owner's permission is obtained. 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. While no specific goal or objective directly addresses the specifics of where businesses should be conducted, the amendment would not be inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. Planning and Zoning Board Meeting, July 21, 2008 LDR Amendment -Temporary Non-commercial signs ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.6.7, "Signs," 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, Section 4.6.7, "Signs," 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 meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.6.7, "Signs," 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 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan Ruby, City Attorney DATE: July 9, 2008 SUBJECT: AGENDA ITEM 10.G. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 RESOLUTION 27-08/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/CLT ITEM BEFORE COMMISSION Resolution No. 27-08 -Transfer of Property Located at 315 S.W. 3rd Sreet to the Community Land Trust. BACKGROUND Resolution 27-08 (copy attached) confirms the City's intent to transfer the property referenced above to the Delray Beach Community Land Trust, Inc. for affordable housing purposes. Also attached is a Contract for Sale and Purchase of the above-referenced property. RECOMMENDATION The City Attorney's Office recommends City Commission discretion. RESOLUTION NO. 27-08 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, AS DESCRIBED HEREIN, HERESY 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. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located at 315 SW 3ra Street; 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, SE IT ORDAINED SY 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 Community Land Trust, Inc., as Buyer, for the purchase price of Ten Dollars and 00/100 cents ($10.00), said properly being described as follows: See Exhibit "A" attached hereto. 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 "S". PASSED AND ADOPTED in regular session on the day of , 2008. ATTEST: MAYOR City Clerk EXHIBIT A PCN 12-43-46-16-01-039-0060 Address: 315 SW 3rd Street, Delray Beach, Florida Also known as: Beginning at a point in the Southwest corner of Block 39 of the City of Delray Beach (formerly Linton), Florida, as per plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 3, go Northerly along the West boundary of said block a distance of 50 feet; thence go Easterly along a line parallel to the South boundary line of said block a distance of 135.6 feet; thence go Southerly along a line parallel to the West boundary of said block a distance of 50 feet; thence go Westerly along the South boundary line of said block a distance of 135.6 feet, more or less, to the point of beginning, a/k/a 315 S.W. 3rd Street, Delray Beach, Florida CONTRACT FOR SALE AND PURCHASE PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, 100 N.W. 1y` Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), ("Seller"), and the DELRAY BEACH COMMUNITY LAND TRUST, INC.,("Buyer"), 145 S.W. 12"' Avenue, Delray Beach, Florida 33444 (Phone: 561-243-7500), hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property") upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard(s)") on the reverse side hereof or attached hereto and riders and any addenda to this Contract for Sale and Purchase ("Contract"). I. DESCRIPTION: (a) Legal description of the Real Property located in Palm Beach County, Florida: Beginning at a point in the Southwest corner of Block 39 of the City of Delray Beach (formerly Linton), Florida, as per plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 3, go Northerly along the West boundary of said block a distance of 50 feet; thence go Easterly along a line parallel to the South boundary line of said block a distance of 135.6 feet; thence go Southerly along a line parallel to the West boundary of said block a distance of 50 feet; thence go Westerly along the South boundary line of said block a distance of 135.6 feet, more or less, to the point of beginning, a/k/a 315 S. W. 3`~ Street, Delray Beach, Florida. Property Control No. 12-43-46-16-01-039-0060 (b) Street address, city, zip, of the Property is: 315 Southwest 3"' Street, Delray Beach, Florida 33444 II. PURCHASE PRICE $ 10.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before August 11, 2008, the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. The date of Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. A facsimile copy of this Contract and any signatures thereon shall be considered for all purposes as originals. IV. TITLE EVIDENCE: Within thirty (30) days from the Effective Date of this Contract, (CHECK ONLY ONE): Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney; OR X Buyer shall at Buyer's expense obtain (CHECK ONLY ONE): abstract of title or X title insurance commitment (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an owner's policy of title insurance. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered within one hundred twenty (120) calendar days following the execution of this Contract, unless modified by other provisions of Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, 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 easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7-1/2 feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum); provided that there exists at closing no violation of the foregoing. 1 VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than Seller; Seller shall deliver occupancy of Property to Buyer at time of closing subject to Paragraph XI E. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them. IX. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) may assign and thereby be released from any further liability under this Contract; may assign but not be released from liability under this Contract; or X may not assign this Contract. X. DISCLOSURES: (a) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, 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 or Radon testing may be obtained from your County Public Health unit. (b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK HERE X . CITY OF DELRAY BEACH DELRAY BEACH COMMUNITY LAND TRUST, INC. By: By: Date Date Print Name: Print Name: Tax ID No. Tax ID No. 2 ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRAY BEACH, a Florida municipal corporation BUYER: THE DELRAY BEACH COMMUNITY LAND TRUST, INC. PROPERTY ADDRESS: 315 SW 3`j Street, Delray Beach, Florida 33444 XI. SPECIAL CLAUSES; ADDENDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA") The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non- foreign status in the manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 100 of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds (or from the Seller's other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller upon receipt of a favorable ruling from the IRS. Buyer and Seller understand that the IRS requires the Buyer and the Seller to have a U.S. federal taxpayer identification number and to supply that number on the foregoing forms. A foreign individual may acquire an International Taxpayer Identification Number for this purpose. Since it may take several weeks to receive the number after application and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to apply immediately. B. The Buyer shall have sixty (60) calendar days within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to the premises to conduct such feasibility studies and determinations, including environmental assays, core drilling, surveys, soil sampling and other such testing. C. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. D. The parties represent and warrant that there is no broker involved in this transaction to whom a commission would be due. 3 STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: (1)An abstract of title p_ ~ l or brought current by a reputable and existing abstract firm (if not existing then certified as corre t ] an ~isting firm) purporting to be an accurate synopsis of the instruments affecting title to Real Properi. x l in the public records of the count. wherein Real Property is located, through Effective Date. It shall with the earliest public records, o- stch later date as may be customary in tk county. Upon closing of this x r, the ak tr. ,r sk 11 become th p_ -ty ~f Buyer, subject to the right of ~ -ention thereof by first m~ _ u ~~eil fully i ) A title in. i ~mitment issued by a Florida 1= title insurer agreeing t~ Buye~, u~ - .f tY - ~ owner's ~licy of title i..s in the amount of the pu_ Y p~ -re, insu~ 's title 1 _t., subject ply to liens, en cum > > ceptions or qualif- ~t pr idea in this itract and tY sr~11 ne d~_scY 1 Seller at or cl ~~ing. Seller shall c i~. n rketable title st ! act only t icumbrances, ~ _- is o_ ~zalifications et forth in Contract. '.e titl sk determir t r.. to appli~ f i'itle St .ards adopte by authority of The Flori~ ar in n~ with law. sY 11 have ys, if a. r--,~,.r, or 5 adys, if title commitment, fr~~ -` ~ ivir ~-- of title ~ u _ne it. If title is f Eective, Buyer shall, within 3 days tt tify ~ iii writing yir ~ defect(s) If the d t(s) render title unmarketable, Seller will xyo f~~~~ - ~cipt of nc.~ move tr~ - --(s), f _ling which Buyer shall, within five (5) days aft ~_~ation of t.~ thirty (30) ~iod, del. written n~ci~e to Seller either: (1) extending the time for a ~ .,~i.dble peri~u not to exceF l ] ~ within ~ h =11er shall use diligent effort to remove the defects; - (2)requesting a refund of d -t (s) paid ,h shall immediately ro returned t~ R>>~~er. If Buyer fails t o .,.. notify Seller, Buyer shall L~ ,~a to h~~. ~ 1 the titl~. as it tY ~ is. S 11er shall, if title is fou nd unmarketable, use diligent effort to corre t t(s) in t;r~~ sithin r} ~ time p~ ~v, therefor. If Seller is unable to timely correct the d_~ _~ts, Buy_~ r_ -_1 either ~ tY a refund of deposi t(s), thereby releasing Buyer and Seller from 11 further - --'_ti_~ a _ th-- - -- -• `~-~ 2~~~1-I 6 i ~ - ~}S~~~r 33- ~' ~`' ~ ~ '2j----~-9r 52 8~8~k~~~. ~}S-~£ 8 . ~ r ~ _ 1 __ __ C - . C. SURVEY: Bug g, at Buver's expense, within tir allowed to deliver ~i ~ ~ of title, may have Real Property surveyed and certified t. a registered Florida sur. r. If the survey di 1 ~ icy nn its on the Real Property or that improvements 1 ~rPr~ thereon encroach c r ask lines, easF i ~ ~ ~i ethers, or violate any restrictions, Cont r t its or applicable gc~erni rt l regulation, tk ill constitute a title defect. car ~s~~,.T.~~++,... -=---'- ~ ~ ~ •sa-itn~~. ,. + ~n-~-a~-~~-~-eee- .. ,. ,. ~ ,. ,~ , + , + ~ , ,. e i t-g~~~ ,•--•; , ., r - ~-T~ z~. - - -,-~--~~s~~',..~` --~-t-/mss--, E. INGRESS AND EGRESS: S-lle~-~ i_ :n is --'. r-~-_----iY,~ that there is ingress and err--- r- fire Real Pr-~--~-r-- sufficient for the int u -- in ~. VI hereof, title to which is in ~e with S- A. -- a- t-~ ~~1--~ ~rr~~.i~s--~a- -~.1, +,.... --~ `_ . H _.,-^--rTTU-las~rcn, -- ---- - -'-- - ---t-/ta~ a-7~~. - G. LIENS: Seller shall furnish t Buyer a. time of closing an affidavit attesting to tt ~ unless otherwise provided for h in, of a financing statements, claims of lien or potential lienors kr i 1 E 11 - and further atte ting tk -t k -ve i r imp nts or re ~ sirs to Properi for 90 days immediat ly ~ lir 3 d of closi~ ~. If P- .y Y it ~r or repaired within that t;.~ Seller shall deli r ~ 1~ ~~ or ~ f r ii li ~t 11 c gal conr ubcc t suppliers, and materi: In n in i 1 's 1' ~ `f_ pit -ti ] rth the 11 s h 1 contractors, subcont .ors, suiliers anc -terialmen and further affirming that all c. ~ ~~ for improver nts or repairs which could serve as a b sis for a n Lanic's lien or a claim for damages have i id or will 1 aid at closing of this Contract. H. PLACE OF CLOSING: Closing shall be held in the count.- where Real Property is located, at the office of the attorney or other closing agent designated. b~~ Seller. 2. TIME: In a lputinq time periods of 1 s than six (6) days, Saturdays, Sundays and state or national legal holidays shall ltded. Any time ri~ ~ pxovic for herein which shall end on Saturday, Sunday or legal holiday shall .t t 5:00 p.m. of tt r t zsiness ay. Time is of the essence in this Contract. J. DOCUMENTS FOR CLOSING: Seller shall furnish i, bill of sale, construction lien affidavit, owner's possession affidavit, and corrective instruments. Buy. ~ shall furnish closing statement. 4 K. EXPENSES: ~~mentary stamn~ on the deed and recordinn r rrer~.tive instruments shill he naid Seller. D >> rt ry st n. end intangible 1 i the purchase money r _ ~e and any mortr, as a 1, a~ l ~ i~.g of pr____ ~ - ~ _ to SeUF 9 financing statemer_t_ _1 ~. naid by Bn. Un- ~~ Y -. >jrled by la ~ r_ - this Cc t f ~r the following r - tit- e se ~v~ n. Ly tit] t_ charg titl n<<ination, a. and closing fee, shall ~ id y th 1 ~ ,~ x <sibl f~ fu~..ishi. 3 the title evi ~_ce in accorda n~ with F ~agraph IV. L. PROBATIONS; CREDITS: Taxes, assessments, interest, insurance and otY r r: ~ and revenr of Px rty sY 11 be pr - ~ted through day before closing. Buyer shall have the option ~ t king wer any existing ~ li i ~ ° insw if assumable, in which e. it premiums shall be prorated. Cash at cl ~~ir shall be i~ 1 as r r quired by pro rations t , made through day prior to closing or ~u~ incy if ~ "o>> cl i r , rent ar s~ urit. its will be credit 1 to Buyer. Esc_ its held k. r will _ cx .i ller. Tax sY 11 ~ ed based on the current year's to w~ dr allowan~ i~ n all i _nf, k :ions. If ~~g ,curs at _ tYe currert 's millage is n f ~ t~ ~t vailable will be px upon such t and the prior ar's mi-- e. IT un ~r nt is n ~ 'lable, - will be prc 1 ~ the prior year's tax. If a~ 1F its on Re l ~t 1st of year - ~~ir ~, which improvements _ rat in existe~ 1st of the prior ~ shall be pros u~ i tY~ prior year's mill ~ and at an ~u r ant to be agx .Y parties, failir _ t will be made to tY ~ County Pr tiF' _ ~i ~r for an informal az ~ _kiny into c-ems- _i i a. -'able exemptions. Any t proraticr an tinate shall, at regw t r party, be re~ju: u m x rt of tax bill on condit~ ,-~ that a ~~ ~~ that effect is sigr-'' M. SPECIAL ASSESSMENT LIENS: o fie d, confirmed anB -ifi _ ;sm ent liens as _= date of 7 (not Eff i paid by Seller. F li t ~f closing shall be as. m Buyer. It t- i__. _ ___~ h.__ __i substantially c r - _- Eff__.-. ___e, any pending lien ~___1_ _ a isi ~tifi _, confin or ratified and Sell Ll, at closing, charged an amount equal to the 1 t e~tir ~t of ~. ;sn nt for the improvement by the puk~lic _ of P. sttek- ~es•s ar -- ----- _ - , - - - PROCEEDS OF SALE; CLOSING ~ ... PROCEDURE: The ed shall be recorde u~ r . cl~ arance of fur ,s. If an abstract of tit le has be r furnished, evid ence of title shall be continued z. B~ r - s~ title in Buyer, without any encumbran ~~ or change whi ch would render Seller's title unr r tY dat tt~ last evidence. All cl ping ~ ~ shall be hel d in escrow by Seller's attorney or orn ". 1 escrow a it for a p - i l n~ than 5 days after closing date. If Seller's title is ~l through r fault of B r, ~ si 11, within tt- 5 day F--_i rd, notify Seller in writing v_ a _ st-.11 '- ""1 days fx _ of - oeipt of such notific~ -i n to cure the defect. If Self r ~x tY t, all d ~~~s) gall, upon wr;" r -- ~ Fuyer and within 5 days _i ~- i. and sin~ u l- ~ously with su~_z _ ,n -, f call return Personalty an 1 the Px ~~y to Seller by sN~~ial ~~ar~ant, ~d and bill of sale. If Buyer fai l .«ake ti.~ ly ~ ~ ~~fund, Br. r shall take title as is, waiving all rights against Seller as to and int r'.-ening d - t ~t ~ may be ar ilable to Buyer by virtr of warranties contained in the deey ^r bill ~ - le. If a p~rti~.i ~~ cY.~ purchase p_i ~. is to be derived from in stitutional financing or refinancir require its of the lending institution as to p~ times of day and pry ur~~ for closing, and for disrur ant of ~+ proceeds shall control over ~x. pr ision in this .r t. Feller shall have th righf r ,i~ tk~ lending institution a written _ _..-tr ~f t - if will r ~r ishursement of mnrfr , _ _ _ ~ _lt _f any title defect affributable t~ E -~ T my procedure r ti t~~~s Standa~ ray be waived if title a t insures a ~~ r tt ~~ ~ zrst ~n 7.7341, F.S., a~ 5 R. ATTORNEY FEES; COSTS: In any litigation, includir b~ h, i_ it or interpretation, arising zt of this Contract, the prevailin _rty in such litigation whi h, - ~ tY pure .f this Standard, shall inch Seller, Buyer, and any brokers tir in i r nonagency relat ionships zthorized by Chapter 475, F.S., ~.ded, shall be entitled t~ r ~ f~ i tY r r prevailing part.' reasonabl attorney's fees, costs, anal ~. S. FAILURE OF PERFORMANCE: E. s provid~ in Paragx h XII, if Buyer fails - ; erf orm this Contr t within the time spe ifi (includi~ ~~ rt of all ~ pit(s)), t] posit(s) paid b} F sit(s) paid, may b x ~v~ 1 ar r it by _ _ r the ~ znt of Seller as _ u~ i li zidat s~ c-~sid~ _-tip ~ the execution of this Contr ,t ar-1 in f--" -`1-~-ent of any claims; _ c ller sY 11 ~ 1 l ~f all oblic _ti is under C itr~ ~r; o- _ t Seller's opt ;_ i, p_ i t ~ rights under this `-- _. If, f ~y t`~n failure of Seller e 5~~~ -,` , ~ = r diligent effort, fails, r - 1 perform this Contract, t ~ Bu. s~ l~l~ _f~~mance or elect i x eve the r~tu~.. of B~ _ ~ omit(s) without thereby waiving an. ~ ~~~ d > ~~ulting from Seller's ] h. T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it sk 11 I in any public records. This Contrat shall bind and inure to the benefit of the parties and their su s in interest. Whenever tY ~ ii t permits, singular shall include plural and one gender shall include all. Mice given by or to the att -r for any party shall be as effective as if given by or to that party. U. CONVEYANCE: Seller 1 onvey title to Real Property by statutory warranty, trustee's, personal r ~ native's or guardian's as appropriate to the status of Seller, subject only - n _i rs contained in P graphs VI and XII and tY .Y rwise accepted by Buyer. Personal Property shall, at r st .f Buyer, be tr isferred by an absolute bill = le with warranty of title, subject only to such matters nay be otherwise p ided for herein. V. OTHER AGREEMENTS: No pric t greements or represent -i ins shall be _nding upon Buyer or Seller unless ir-1r in this r__fi-- ifioation or change in thi° rt--ct e`-L' --slid or binding upon the parties unl in writi - l the party or parties in be t it. W. WARRANTIES: Se 1= t there are no facts known to -_ler materially affecting the value of the Property whi_i _re s__t _ __._ble by Buyer or which have no_ _~en disclose- 1_~ Buyer. 6 ORDINANCE N0.35-08 AN ORDINANCE OF THE CITY COMNi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, SY AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE CLARIFICATION OF THE REGULATION PERTAINING TO "TREE TRUST FUND"; 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 July 21, 2008 and voted 4 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 Plary 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, SE IT ORDAINED SY 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 Appendix "A", "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follow: TREE TRUST FUND An account established by the Cites Finance Departmealt to be used as a depository for funds for owners and/or developers who are unable or to comply with the tree or palm planting/replacement requirements of the Cites Land Development Regulatior~, d~e~ P A fee of one-hundred dollars ($100.00) ner caliper inch shall be deposited into this fund for each ~r-ee caliper inch of the removed tree(s) the developer/owner is unable to provide and install. These funds shall be used to off-set the Cites costs for future trees and palms and tree trimming for parks and streetscapes. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD. N0.35-08