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02-02-10 Regular Meeting
City of [~elray Beach Regular Commission Illleeting ~~ ~~4 ~~1 RULES FOR PUBLIC PARTICIPATION 1, PUBLIC COMMENfi: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Tuesday, February 2, 2010 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p,m, presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p,m. Commission Chambers A, Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall section. B. Gomments and Inquiries on Non-Agenda Items from the Public. Any citizen is entitled to be heard concerning arty matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action an requests or comments. C. Regular Agenda and First .Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2, SIGN IN SHEEfi: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located an the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done sa. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Gommission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the Gity Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such retard. 1001VW 1st Avenue Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, Phone• {561} 243-7000 program, or activity conducted by the City. Contact Daug Smith at 243-7414, Fax• • {561} 243-3774 24 hours prior to the event in order for the City to accommodate your request, • Adaptive listening devices are available for meetings in the Commission Chambers, 1. ROLL CALL. 2. INVOCATION. 3. FLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPRQVAL OF MINUTES: A. January 12, 2010 -Special/Workshop Meeting B. January 19, 2010 -Regular Meeting C. January 26, 2010 -Special Meeting 6. PRC?Ci,.AMATIUNS: A. Recognizing 2-1-1 Awareness Week -February 11 - 17, 2010 7. PRESENTATIONS: A. Government Finance Officers Association -Certificate of Achievement for Excellence in Financial Reporting B. Presentation of Proposed Elevations and Floor Plan for the new Little Fenway Park Concession Building C. Economic Stimulus Grant Update - Lisa Ding, Langton Associates, Inc. (Addetxdurrr~ $. CONSENT AGENDA: City Manager Recommends Approval. A. REQUEST FUR SIDEWALK DEFERRAL1453 N.W. 9`s STREET: Approve a request to defer the instatllatian of a sidewalk along N,W. 9s' Street for 453 N.W. 9~' Street, B. I~ QUEST FUR SIDEWALK DEFERRA.L11127 MIRA11r1AR DRIVE: Approve a request to defer the installation of a sidewalk along Miramar Drive far 1127 Miramar Drive. C. HOLD HARMLESS AGREEMENTIAUBURN TRACE LTDIVIL.LAGE AT DELRAY: Approve and authorize a Hold Harmless Agreement between the City and Auburn Trace Ltd. to install a guardhouse within the boundaries of a 40-foot utility easement at the entrance to the Village at Delray project located at G95 Auburn Avenue. 02~02j2010 -2- D. ACCEPTANCE OF RIGHT-OF-WAY DEEDS/COMMUNITY REDEVELOPMENT AGENCY (CRA)/.ALLEYWAYS IN BLOCKS 19 AND 20: Approve and accept two {2) right-of--way deeds from the CRA for alleyways in Blocks 19 and 20. E. CONTRACT CLOSEOUT 1C.O. NO. 2/FINALI DOWRITE ENGINEERING CORP.: Apprave a Contract Closeout {Change ©rder No. 2 jFinal) in the amount of a $247,399.30 decrease and final payment in the amount of $31,004.32 to Downrite Engineering Carp, far completion of the Area 11A Reclaimed Water System {Contract 3) Project. Funding is available from 441-5181-536-65.90 {WaterjSewer FundjC-ther ImprovementsjReclaimed Water Transmission). F. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/ART IN PUBLIC PLACESlTENNIS CENTER: Approve an Interlocal Agreement with Palm Beach County to contract services with its Art in Public Places program to manage the Delray Beach Tennis Center Public Art Project, in coordination with the City of Delray Beach's staff and Public Art Advisory Board {PAAB). Funding is available from 115-1702-579- 31.90 {Special Projects FundjPrafessianal Services/tether Professional Services}. G, SPECIAL EVENT REQUEST/EAST END VOLLEYBAi.i./Al~1NUAL BEACH VOLLEYBALL TOURNAMENT: Apprave a request from East End Volleyball to hold the Annual Beach Volleyball Tournament an the beach adjacent to Anchor Park an Saturday, March 24, 2010 from 9:00 a.rn, - 7:00 p.m,, and Sunday, March 21, 2010 from 9:30 a.m. - 6:00 p.rn. H. MEMORANDUM OF UNDERSTANDING/FALM BEACH COUNTY/MULTI-AGENCY TASK FORCE: Approve a Memorandum of Understanding with the Palm Beach County Sheriffs Office far participation in the multi-agency narcotics task force to address narcotics activity within Palm Beach County, L INDEPENDENT CONTRACTOR _ AGREEMENT/ROBERT BR.A-RTD: Approve an Independent Contractor Agreement between the City and Robert Brand to conduct background investigations for prospective candidates for pofice officer and non-sworn police employment. Funding is available from 001-2111-521-13.10 {General FundjOther SalariesjWagesjPart-time). J. FY 2010 PROPOSED FERFORMANCE MEASURES/GOLF COURSES AND TENNIS FACILITIES: Approve proposed performance measures for FY 2010 for the Municipal Golf Course, Lakeview Galf Course, and Tennis Facilities. K. REVIEW OF APPEAI..ABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 19, 2010 through January 29, 2010. t}2jty2/201fl -3- L. AWARD OF .BIDS AND CC}NTRACTS: 1. Contract award to Chaz Equipment Company, Inc. in the amount of $28,675.00 for the emergency repair of a deteriorated sanitary sewer manhole on Highpoint Drive (Highpoint Subdivision}. Funding is available from 442-5178-536-46.90 {Water & Sewer Renewal & Replacement Fund/Repair & Maintenance Service f Other Repair/Maintenance Cost}. 2. Purchase award to Line-Tec, Inc. in the amount of $95,589.00 via the City of Boynton Beach, Bid #023-2821-09/JA for installing reclaimed water meters and connecting customers on the Barrier Island to the RecL~imed Water system. Funding is available from 441-5161-536-49.23 ('mater and Sewer Fund/ Reclaimed Water Distribution System}. 3. Purchase award to Sensus Meters in the amount of $14,183.00 for the purchase of "dual port" radio read devices required in connecting customers on the Barrier Island to the Reclaimed Water system. Funding is available from 441- 5161-536-49.23 {Water and Sewer Fund/ Reclaumed Water Distribution System}. 4. Purchase award to Scriptlogic Corp. in the amount of $37,255.00 for the purchase of archiving exchange software {Quest Archive Manager} for the City's email data network. Funding is available from 334-6111-519.66-10 (General Construction Fund: Books- Publications-Software}. 5. Purchase award to Applied Simulation Technologies in the amount of $44,900.00 to reconfigure twa (2} Driving Simulators. Funding is available from 101-2136-521-34.90 (ARRA Economic Stimulus FD/Other Contractual Services} and 112-2172-521-52.20 (Law Enforcement Trust FD/Operating Supplies/General Operation Supplies}. 9. REGULAR AGENDA: A. WAIVER IitEt?UESTIWAL-MART CENTER. Consider a waiver request to Land Development Regulations {i.DR} Section 4.6.9(D}(4}(b}, "~Jtlheel Stops", to allow an alternative (concrete bollards} to wheel stops in twenty-two (22} handicap accessible spaces for the Wal-Mart Center located at 16205 South Military Trail. (Quasi ~ jur~treial Hearing) B. ~VA-IVER REQUESTIPNC BA~.RIK: Consider a waiver request to Land Development Regulations {LDR} Section 4.6.18{8}{13}{b}, "Outbuildings and Shopping Centers", for architectural elevation changes to allow bluff awnings in place of black and white striped awnings for the PNC Bank Outbuilding located within the New Century Commons. (Quasi;judicial Hearing) 02/02/2010 -4- C. CONDITIONAL USE REOUESTIS.D, SPADY MUSEUM AND CULTURAL ARTS CEP,ITER: Consider a request for conditional use to allow an outdoor amphitheater at the S.D. Spady Museum and Cultural Arts Complex, located on the west side of N.W. 5~' Avenue, between N.W. 1S` and 2na Street, within the Central Business District (CBD} zoning district. (Quasi fudreiaX Hearing) D. yUAIVER P:EOUEST/CUT 432; Consider a waiver request to Land Development Regulations ¢DR) Section 4.4.13(F)(4}(a}{2), i`Front Setbacks", to allow a zero (4'} setback where a five foot {5') setback is required, for construction of a covered sidewalk cafe on the south side of East Atlantic Avenue for Cut 432 located at 432 East Atlantic Avenue. (Quasi Judr'cial Hearing) E. CONDITIONAL USE F~EOUESTIH & M AUTO BODY, INC.: Consider a request for conditional use to allow the establishment of an automobile paint and body shop (body repair and refurbishing of vehicles) known as H & M Auto Body, inc., within the Tenth Street Park of Commerce located at 1140 S.W, 14`'' Street. (Quasi; judi~'al Hearing) F. CONDITIONAL USE REOUEST/PUTT'N AROUND DELRAY BEACH: Consider a request for conditional use to allow a miniature golf course known as Putt'n Around Delray Beach located on the west side of N.E. 5`'' Avenue, between N.E. 3~' Street and N.E. 4`~ Street. (Quasi_j'udieial Hearing) G. yyAIVER REOUEST/VILLAGE ARTS MART: Consider a waivex request associated with the approval of a temporary use permit for an Arts Mart at 113 & 115 N.E. 4`h Avenue, (Quasi fudicial Hearing) H. REPLACEMENT OF TREES REMOVED BY THE OFFICE: Provide direction on the replacement trees and potential violation fines for the unauthorized removal of three {3} city-owned Japanese Fern Trees located at the N.E. corner of Atlantic Avenue and N.E, 2"d Avenue. 1. AUTHORIZATION TO FILE APPEAL/CITY OF DELRAY BEACH V. BOARD OF TRUSTEES OF THE CITY OF DELRAY BEACH POLICE OFFICERS AND FIREFIGHTERS IA;ETIREMENT SYSTEM: Consider a request for authorization to file an appeal to the Fourth District Court of Appeals in the case of the City of Delray Beach v. Board of Trustees of the City of Delray Beach Police C-fficers and Firefighters Retirement System. J. APPOINTMENT TO THE GREED TASK FORCE: Appoint one {1} regular member to the Green Task Force to serve an unexpired term ending July 31, 2411. Based upon the rotation system, the appointment will be made by Mayor McDuffie {Seat #5}. K. APPOINTMENT TO THE SITE PLAN REVIEW & .APPEARANCE BOARD: Appoint one (1} regular member to the Site Plan Review 8c Appearance Board to serve an unexpired term ending August 31, 2414. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2}. 02J02j2010 _~_ 10. PUBLIC HEARINGS: A. ORDINANCE NO. Q4-10: Consider modification of the Blood's Grove SAD (Special Activities District Ordinance No. 46-07, in conjunction with a change to add an additional 1,08$ sq. ft. to an existing 29,780 sq. ft. medical office building to total 30,868 sq. ft. far the Midtown Medical Building, located at the southwest corner of Linton Boulevard and Old Germantown Road (4600 Linton Boulevard). (Quas% Judicial.Hearirxg) ~'7"he applicant has requested the ordinance be TABLEZ) until' the February 16, 2010 pity Commissit~n Meeting) B. ORDINANCE NO. 46-10: Consider an ordinance amending Section 53.064, "Prevention of Accidental Discharges", by removing any reference to above ground storage tanks from this section. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FRC7M THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A, City Manager's response to prior public carturients and inquiries. B. Frain the Public. 12. FIRST Ii:EADINGS: A. None 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission Pasr~r~: JANUI~.Y a~, zola 02/021200 -G- SPECIAL/WC}Ii;KSHOP MEETING JA,NI7ARY 12, 2010 A Special Meeting of the City Commission of the City of Dekay Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Corzxrnission Chambers at City Hall at 6:d0 p.m., on Tuesday, January 12, 2014. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel (arrived ~a 6:37 p.m.} Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor Nelson S. McDuffie called the special meeting to order and announced that it had been called for the purpose of considering the following Items. SPECIAL MEETING AGENDA WAIVER REQUESTIWORTHING PLACES Consider a waiver request to Land Development Regulations (LDR} Section 4.6.7(F'}(3)(b}, "Grand Opening Banner", to allow two (2} oversized banners for Worthing Place located at 3d S.E. 2"d Avenue, (Quasi Judicial .Heatixxg) Mayor McDuffie read into the record the City of Delray Beach procedures for a Quasi Judicial Hearing for this item and all subsequent Quasi Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex pane communications. The Commission had no ex parse communications to disclose. Lu1a Butler, Community Improvement Director, presented this item. She stated this is a request Pram the owner of Worthing Place, located at 3d S.E. 2na Avenue, to allow a waiver for two (2} banners that exceed the maximum size allowed pursuant to LDR Section 4.6.7 {F~(3}(b}. The proposed banner request was discussed at the Development Services Management Group's (DSMG} regular meeting on December 1d, 2dd9. She stated that the reason it was taken before the DSMG was because the sign codes do not envision a building this size in the downtown area that is going to be leased. The owner had asked for something a little larger but it was decided that the sign codes do allow signs up to a maximum of 16d square feet, sa the DSMG settled an what we thought was reasonable, 12-ft x 12-ft (144 sq. ft.} It is sufficient for the elevation size of the building and they are temporary banners which will be up fora 4 month period. A photo of the building elevation identifying the banner locations is attached for reference. Section 2.4-.7~8} of the Land Development Regulations allows the City Commission to grant waivers to this Section of the code governing signs after making findings of facts based on the fallowing: shall not adversely affect the neighboring area, shall not significantly diminish the provision of public facilities, shall not create an unsafe situation; and does not result in the granting of special privilege in that the same waiver would not be granted under similar circumstances on other property for another applicant or owner. Staff is recommending the Camnussian support DSMG's decision to allow two oversized banners for iX~arthing Place and support their conclusions. Phil Morris, Developer of Worthing Place at 904 East Atlantic Avenue in Delray Beach, asked the Commission far their support and stated that they will came up with something that is helpful to kicking off the project, yet not overly offensive at all to the City, the project and to the area. He thanked the Commission. Mayan McDuffie stated if anyone from the public would like to speak in favor ar 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, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Comnssion 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 {approving the waiver request}, seconded by Mrs. Gray. Upon rail call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Gray -Yes, Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 2. AUTHORIZATION FOR THE SUPERVISOR OF ELECTIONS TO HANDLE/C~-NVASS ABSENTEE/PROVISIONAL BALLOTS AND REPRESENT THE CITY AT LOGIC & ACCURACY TESTS FOR THE FIRST NON-PARTISAN ELECTION: Authorize the Palm Beach County Supervisor of Elections to handle and canvass the City's absentee and provisional ballots for the March 9, 2010 First Non-Partisan Election, and represent the City at the requisite Logic and Accuracy tests. Chevelle D. Nubin, City Clerk presented this item. She stated that this is a standard item that is presented to the Commission each year. Because of the current agreement with the Palm Beach County Supervisor of Elections (SOE}, they want a representative to be present when they begin to canvass the ballots. The difficulty has been that each year the Supervisor of Elections conducts the canvassing of the absentee ballots at 5:00 p,m., and it is difficult to leave your city an Election Day at 5:00 p.m. when the palls close at 7:00 p.m. Ms. Nubin stated she always attends the Logic & Accuracy Testing. L1pan Cornrnissian approval, a letter is sent to the Palm Beach County Supervisor of Elections letting her know that she is designated to represent the City in the handlingf canvassing of absentee and provisional ballots; and to represent the city at the Logic and Accuracy Tests for the first non-partisan election. The City Clerk will coordinate with the Mayor regarding attendance at the canvassing of absentee ballots. Mr. Fetzer moved to approval of the authorization of the Supervisor of Elections to handle the City's absentee and provisional ballots far the March 9, 2010 First Non-Partisan Election, seconded by Mrs. Gray. Llpon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr, Eliopoulas -Yes, Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 2 January 12, 2010 Mayor McDuffie adjourned the Special Meeting at G:I3p.m, WORKSHOPAGENDA 1. Joint meeting with the Financial Review Board regarding duties and responsibilities The fallowing board members were present and introduced themselves: Howard Ellingsworth, Chairman, Todd L'Herrou, Vice-Chair, Brenda Darden, Yvonne Walker, Jack Warner, Helena Antunes-Boska, and Christina Pearce. Howard Ellingsworth, Chairman of the Financial Review Board spoke and asked the Commission for their direction and expectation regarding its duties and responsibilities. Mr. Jack Warner presented the board's recommendations regarding setting a policy on spending stating this is what taxpayers are expecting. Collectively, the Commission stated that they would like an independent, objective review of expenses and revenue, revenue sources, youth programs, sales tax, and enterprise funds, etc. In addition, the Corr~tnission would like far the board to review businesses processes, policies and procedures as well as any area reviewed by them as the Budget Task Force where maybe their review was cut short due to a timeline. It was the consensus of the Carnnussion that the Financial Review Board is doing a great job. Can~snissian stated we need to do things differently and operate more efficiently while maintaining the character of our city. 2. Mangrove Park Boat Ramt~ done Mitigation Ot~tions Richard Haska introduced this item and Jose Aguila of Currie Sowards Aguila Architects conducted a PowerPoint presentation. Mr. Aguila stated he with spoke with a City of Pompano Beach engineer regarding a similar type of problem they had with one of their ramps. He discussed solutions and drawings stating they have not been able to price out the cost of this repair to the ramp. He asked Camrnission far direction. Discussion ensued between staff, Mr. Aguila and Commission. Cairu~sission is concerned with the cast of the repair and suggested that staff try to find other funding sources. Mr. Hasko stated that maybe this could be factored in as part of the Capital Improvement Program. It was the cansensus Catnmissian to do the repair. 3. Neighborhood Resource Center Presentation Mrs. Lula Butler, Community Improvement Director, began the presentation infomung the Commission that the Neighborhood Services Division manages the Neighborhood Resource Center (NRC}. She highlighted all of the services and programs that are offered at the center as well as the partnerships between the city and various organizations. Commissioner Gxay asked how residents really know what is offered at the NRC. Mrs. Buller stated it is by waxd of mouth, information handed out to homeowners associations and citizen toolkits. The Commission stated this is a great thing for the community and they had no idea how much activity goes an at the NRC; and commended Mrs. Butler and staff. C January 12, 2010 4. Discuss the format and questions for the Annual Citizen's Roundtable Meeting Mr. David T. Igarden, City Manager, stated staff has started preparing for the Annual Citizen's Roundtable that will take place at the end of the month. Douglas Smith, Assistant City Manager, discussed the proposed new "Peter Block" format for the Roundtable Meeting. The focus is community building and getting people to have conversations they would not normally have regarding their communities, etc. In addition, Mr. Smith discussed possibly bringing in a facilitator from the .Alliance far Innovation, the questions far the roundtable and invitations to get the word out to the residents. Commission supported the changes in format and bringing in the facilitator. They asked questions regarding the timeframe for notice to residents, length and name change for the meeting and how responses will be recorded. Mayor McDuffie adjourned the Workshop Meeting at 8:38 p.m. ATTEST: MA3'QR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information pro~rided herein is the 11!Iinutes of the Special~Workshap Meeting of the City Commission held on Tuesday, January 12, 2010 which Minutes were formally approved and adapted by the City Camrnission an February 2, 2010. City Clerk NOTE TO READER: If the l~rlinutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Cainrnissian, They wi31 become the official Minutes only after review and approval, which may involve amendments, additions ox deletions to the Minutes as set forth above. 4 January 12, 2010 ,IAN UARY 19, 2010 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Cammissian Chambers at City Hall at 6:04 p.m., Tuesday, January 1 ~, 2014. 1. Roll call showed: Present - Commissioner Gary P. Eliapoulas Cammissianer Fred B. Fetzer Cammissianer Adam Frankel Cammissianer Angeleta E, Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk ti 2. The opening prayer was delivered by Reverend Nancy Norman with Unity ' Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. It was noted that Item 6.D. Catholic Schools Week Proclamation was added to the Agenda by addendum and Item 9.E,, Status Report on Waste Management Issues was added to the Regular Agenda by addendum. Mr. Fetzer moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon rail call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuf~e -Yes; Mr. Eliopoulos -Yes. Said motion passed with a S to 0 vote. 5. APPROVAL OF MINUTES; Mr. Eliapoulos moved to approve the Minutes of the Regular Meeting of January S, 2014, seconded by Mr. Frankel. Upon roll ca11 the Cammissian voted as follows: Mr, Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr, Eliopaulos - Yes; Mr. Fetzer -Yes. Said motion passed with a S -to 0 vote. 01119110 6. PROCLAMATIONS: 6.A. Reco~nizin~ and Commendin~~the Delray Rocks Football and Cheerleadin~ Squads Mayan McDuffie read and presented a praclamation hereby recognizing and commending The Delray Racks Football and Cheerleaders Participants far the representation of the City of Delray Beach. Ben Leonard came forward to accept the proclamation and gave a few brief comments. 6.8. Recognizing and Commending the winners of the 2449 Mayor's Cup -Delray Athletic Club Mayor McDuffie read and presented a praclamation hereby recognizing and commending the winners of the Delray Beach Athletic Club 2009 Mayor's Cup. Mr. Paul Stanley came forward to accept the praclamation and gave a few brief comments, G.C. Recognizing Black History Month -February 2414 Mayor McDuffie read and presented a praclamation hereby proclaiming the month of February, 2010 as Back History Month. Lula Butler, Director of Community Improvement, carne forward to accept the praclamation. 6.D, Recognizing Catholic Schools Week -January 31-February G, 2414 (Addendum) Mayor McDuffie read and presented a praclamation hereby proclaiming the week of January 31-February 6, 2010 as Catholic Schools Week. Vikki Delgado with St. Vincent Ferrer Catholic Church came forward to accept the proclamation and gave a few brief comments. 7, PRESENTATIONS: 7.A. RESOLUTION NO. 42-14: Endorsing Employer Support of the National Guard and Reserve The caption of Resolution Na. 02-10 is as follows: A RESOLUTION ENDORSING EMPLOYER SUPPORT FOR THE NATIONAL GUARD AND RESERVE, TN FURTHERANCE OF OUR. COUNTRY'S SERVICE MEMBERS AND THEIR FAMILIES DURING TIME OF NEED; FURTHER INSTRUCTING THE CITY CLERK TO TRANSMIT SAME TO THE CHAIRIVIAN OF THE NATIONAL COMMITTEE FOR 2 O1fI9110 EMPLOYER SUPPORT OF THE GUARD AND RESERVE; PROVIDING AN EFFECTIVE DATE. office.) Caspari. (The official copy of Resolutian No. 02-10 is an ftle in the City Clerk's Mayor McDufpe read and presented Resolutian No. 02-10 to Peter Mr. Frankel moved to approve Resolutian No. 02-10, seconded by Mrs. Gray. Upon rail call the Commission voted as follows: Mrs, Gray -Yes; Mayor McDuffte -Yes; Mr, Eliopaulos -- Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 7.B. Reca~nize and cammendin~ I}r. Bradley Bradford -Pediatrics by the Sea Mayor McDuffie read and presented an award to Dr. Bradley Bradford for his generous donation of I50 turkeys to needy families in the community during the Thanksgiving Holidays, Dr. Bradley Bradford was not present. Therefore, Mary Leavenworth came forward to accept the award. 7.C. National League of Cities Can~ress of Cities -Joseph Elisma Joseph Elisma stated he is a junior in the International Baccalaureate Program at Atlantic Community High School and is in the Criminal Justice Career Academy and two months ago he attended the National League of Cities Conference in San Antonia, Texas on November 12-14, 2009 and gave a brief PowerPoint presentation about his experience. He stated throughout the conference there were various workshops and one of the three main ones he felt was most important were the Downtown Revitalization and they talked about the key to sustaining a city's economy. Mr. Elisma stated he also attended the Local Food Initiatives Workshop and they talked about how they had decided to turn vacant lots into a farmer's market sa they could grow planted and cultivated craps which they sold to the community. In addition, he attended the Intelligence Led Policing and they talked about how Richmond and San Diego being two urban metropolitan, high populated areas and how crime was a major factor. He stated they talked about how they reduced it through smart policing and implemented a system called SARA (Scan Analysis Response and Assess). He stated through this system they decreased their crime rates drastically and noted although the system is costly they paid for it through Federal Grants. Mr. Elisma stated I~:ABOOM is a foundation founded by Ben Duda and the main mission is to create apportuni#ies for children to play through the creation of programs. He stated Mr. Duda said how it is important for children to have a place to go after school, to not be around peer pressure, to develop good morals, and connect with people on a positive Hate. He stated they went to a low social economic neighborhood and noted that San Antonio gave the National League of Cities (NLC~ a piece of land and the land was across a housing development that housed 200 families and the NLC and the youth delegates created a playground in approximately 7-8 hours. ~~ ~..._.J 01119110 Mayor McDuffie stated Mr. Duda and the K:ABOOM Organizatian awarded the City of Delray Beach the playful cities USA award this year for its Parks and Recreation and parks in the community. He stated the Delray Beach Youth Council run by Janet Meeks {Education Coordinator} has a place far Mr. Elisma and suggested that he leave his name and address with the City Clerk to pass along to Mrs. Meeks. 7.D. S.P.I.R.I.T. (Service, PerformanceL Integrity, Responsibility, Innovation, Teamwork} Committee Quarterly Awards Presentation Juan Manzano recognized Officer Steve Swanson as the S.P.I.R.I.T quarterly award winner. Mr. Manzana stated in December 20{}9 Officer Swansan showed exemplary service and compassion as he participated in a community service pragram called Project Homesafe. Officer Swansan played Santa far numerous orphaned children and this was his second year participating in this pragram. The homes included Orphan Girls (in Boca Raton), Bays Orphanage {in West Palm Beach} and Faster Kids {in West Palm Beach). Mr. Manzano stated toys were brought and delivered by Officer Swansan to approximately 150 children that otherwise would have gone without. Officer Steve Swansan came forward to accept the award certificate. ~. CONSENT AGENDA: City Manager Recommends Approval. $.A. REVISION TO THE AGREEMENTISTANLEY CONVERGENT SECURITY SOLUTIONS, INC.: Approve a Revision to the Agreement with Stanley Convergent Security Solutions, Inc. far the installation of Phase II of the security~fire monitoring system at the Water Treatment Plant. 8.B. AMENDMENT NO. 1lINTERLOCAL AGREEMENTITOWN OF GULF STREAM: Approve Amendment Itila. 1 to the Interlocal Agreement with the Town of Gulf Stream to called Palm Beach County impact fees and an administration fee in the amount of 3.4°!~ of the total collected. 8.C. HOUSING REHABILITATION GRAlYT1CONTRACT AWARD: Approve one {1} Housing Rehabilitation Grant contract award {2488 Sundy Avenue} in the amount of $17,645.25 to Jemstone Construction Group, Inc. Funding is available from 118-1963-554-49.19 (Neighborhood Servicesl0ther Current Charges/Housing Rehabilitation}. 8.D. AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-RECIPIENT FUNDING AGREEMENTlFAIR HOUSING CENTER OF THE GREATER PALM BEACHES: Approve an amendment to the sub-recipient funding agreement with Fair Housing Center of the Greater Palm Beaches under the Community Development Block Grant (CDBG} pragram for FY 2009-2010, to increase funding to $8,000 and include service provision to and focus on immigrant populations within Delray Beach. Funding is available from 118-1961-554-49.17 {Neighborhood Services/Other Current Chargesll'romotion afFair Housing}. U 4 01!19/10 8.E. CONSENT TO ASSIGNMENTIBOCA PARKING SYSTEMS TO SUNSHINE STATE PARKING, LLC.: Approve a Consent to Assignment from Boca Parking Systems to Sunshine State Parking, LLC. for spaces in the Bob Federspiel Parking Garage. $_F. AGREEMENT/WORKFORCE ALLIANCE, INC.IFLORIDA BACK TO WORK PROGRAM: Approve an Agreement between the City and Workforce Alliance, Inc., to participate in the Florrda Back to Work Program. 8.G. RENEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards far the period January 4, 2414 through January 15, 2410. 8.H. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Phoenix Landscape Maintenance, Inc. at an estimated annual cost of $28,262.36 far landscape maintenance of medians on Homewood Boulevard, Linton Boulevard and three {3) on Military Trail. Funding is available from 119-4141-572-d6.44 (Beautification Trust FundlRepair & Maintenance ServicesCBeautification Maintenance). 2. Contract award to Special Products Group in the estimated annual amount of $75,440.44 for uniform procurement for Fire-Rescue Department personnel. Funding is available from 441-2315-526- 52.22 {General FundlC}perating SuppliesltTniforms/Linen Service}. 3. Purchase award to The Mohawk Group in the amount of $64,381.15 for replacement carpeting at the Police Department. Funding is available from 334-2111-521-46.14 General Construction Fund/Repair & Maintenance Services/Building Maintenance). Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 4 vote. 9. REGULAR AGENDA: 9.A. AMENDMENT NO. 3 TO AGREEMENT WITH COASTAL COMMERCIAL GROUP, LLC.: Consider approval of Amendment No. 3 to the Agreement with Coastal Commercial Group, LLC. for an extension of the Agreement to June 1, 2415 as well as a minimal reimbursement fee to Coastal, on an annual basis, during the term of this Agreement. 5 41/19114 Brian Shutt, City Attorney, stated this amends the City's agreement for the marketing of the Old School Square retail space. The amendment extends the agreement the City has with Coastal. Mr. Shutt stated currently that agreement is set to expire on September 30, 2014 and he has extended it to June i, 2015 because we have the lease agreement with the CRA that will not expire until February 2015 and because of the bond issues the City has an the Old School Square Garage he wanted to make sure that we had the broker agreement with Ms. Ingrid Kennemer at least to go several months beyond the term, Mr. Shutt stated there is also a provision as far as the payment of certain expenses for Ms. Kennemer not to exceed $2,500.00 on an annual basis depending if the agreement extends for the full five years. Mr. Eliopoulos inquired about the expense amount and stated he is assuming that is protecting the City's bond. Mr, Shutt stated this past year Ms. Kennemer had spent approximately $2,200.00 and this is something that needs to be in place although we may not ga up to the maximum, Mr. Shutt stated there are certain things where the City needs to have a broker in place and to be doing certain things so that we can make sure our bonds remain tax exempt. Mr. Frankel moved to approve Amendment No. 3 to the Agreement with Coastal Commercial Group, L.L.C., seconded by Mrs. Gray. Upon ro11 call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McI7u~e -Yes. Said motion passed with a 5 to 0 vote. 9.B. REJEGTI4N OF ALL BIDSILANDSCAPE MAINTENANCE PRQJECT: Consider a request to reject all bids and re-bid Bid #2010-1 b-Landscape Maintenance for I-95 Interchanges at Atlantic Avenue and Linton Blvd., plus the 10th Street overpass. Linda Karch, Director of Parks and Recreation, stated this is a request to reject all bids and re-bid Bid #2010-16 -Landscape Maintenance for I-95 Interchanges at Atlantic Avenue and Linton Boulevard, plus the 10~' Street overpass. Ms. Karch stated the bids were inconsistent in the bid prices and they range from $20,370.00 to $125,448.00. She stated staff would like to tighten up the bid specs and re-bid this and staff also plans to add Gateway Parks to this bid. Mr. Eliopoulos commented about the huge discrepancy and asked staff what areas we are lacking. Tim Simmons, Parks Superintendent, stated last year the City's contract was at $119,225.00 sa to get the service that the City is looking far some people were just underbidding too drastically. Mr. Eliopoulos moved to reject all bids and re-bid Bid #201.0-16, seconded by Mrs. Gray. Upon roil call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. U b 01!19!10 9.C. CONSIDER ISSUING A REQUEST FOR PROPOSALS tRFP} FOR TROLLEY STYLE VEHICLES: Provide direction to staff on whether to advertise a Request far Proposals {RFP) far trolley style vehicles to operate the Downtown Roundabout. Scott Aransan, Parking Management Specialist, stated over the last month staff has been looking to piggyback the current contract with a trolley provider. Mr. Aronson stated last week staff came to realize that the awarded bids for those prices were much higher than what the vendor was looking to allow us for pricing. He stated those bid prices were cast prohibitive similar to when we let out this project in 2403. Staff would like to advertise an RFP {Request for Proposal} and plan on using the same scope of services and specify trolley vehicles. Mr. Fetzer inquired about the existing contract on the trolleys and whether or not it is about to expire. Mr. Aronson stated the original contract was signed in January 2048 and staff was waiting for grants to come through so the vendor did not start until June. Mr. Aronson stated the grant did not come through at the MPO (Metropolitan Planning Organization} so the City Commission decided to move ahead and absorb the $84,040.44 cost. Mr. Fetzer stated the funding now that is provided for the shuttle is provided by the Community Redevelopment Agency {CRA} and the County. Mr. Aronson stated the funding provided for the shuttle is provided by the CRA and two grants; one from the County and one through FDOT {Florida Department of Transportation). Mr. Fetzer asked if the City has instituted any charges for the shuttle. Mr. Aronson stated the City has not instituted any charges far the shuttle. Mr. Eliopoulos requested that the Commission see the RFP before it actually goes out. Mr. Eliopoulos asked about the original RFP for just two vehicles. Mr. Aronson stated the original RFP was two routes with three vehicles {one used as a surplus vehicle in case of emergencies). Mr. Aronson stated they will be doing the proposed 147.5 service hours that they have now. Mr, Eliopoulos stated during the last budget session the Commission talked about charging a small fee and is not sure whether we want to add that as one of the elements. Mr. Eliopoulos stated he thinks a trolley style vehicle is mare appropriate for Delray Beach. Mrs. Gray asked what would happen to the shuttles we have now. Mr. Aronson stated the shuttle buses are awned by Quality Transport not the City of Delray Beach. Mrs. Gray asked if the trolley will just be downtown. Mr. Aronson stated the routes far the trolley will be the same. Mrs. Gray inquired about what the City contributed. Mr. Aransan stated the reduction in this budget was approximately $150,404.00 {the City's portion of it). Mr. Frankel asked haw much this will cost. Mr. Aronson stated when we let the contract in 2043 one Trolley Company responded to the bid and it was $96.50 per hour. The two contracts that the City was trying to piggyback ended up being $88.00 per hour and the other was $ l 12.44 per hour. U 7 01119/10 The City Manager stated the City is not planning on any mare City money going into it. Mr. Frankel stated a citizen asked him why the shuttles were operating in Baca because one was there the month of December. Mr. Frankel stated he too has seen one of the shuttle buses west of the Citibank on West Atlantic Avenue. Mr, Aronsan stated their maintenance facility is in Fort Lauderdale and they gas up at various stations throughout the day, In addition, Mr. Aronsan stated there is also an extra bus. Mayor McDuffie asked when this will be prepared. Mr. Aronson stated staff was going to try and get this out far this coming week before the end of the month. Mr. Aronsan stated if the Commission would like to see this again then staff can bring this item back the first meeting in February. It was the consensus of the Commission to direct staff to give them a copy of the Request for Proposal (RFP} before it goes out and that this be brought back to the Commission for the February 2, 2010 meeting. At this point, Commissioner Eliopoulos stepped away from the dais. 9.D. APPOINTMENT TO THE CODE ENFORCEI~IENT BOARD; Appoint one (1}regular member to serve a three (3} year term ending January 14, 2012 on the Code Enforcement Board. Based upon the rotation system, the appointment will be made by Commissioner Gray {Seat #4}, Mrs. Gray moved to appoint Waymon Dixon as a regular member to the Code Enforcement Board far a three {3) year term ending January 14, 2012, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC ]F[EARINGS; 10.A. ORDINANCE NO. 04-10: Consider modification of the Blood's Grove SAD {Special Activities District) Ordinance No. 46-07, in conjunction with a change to add an additional 1,088 sq. ft. to an existing 29,780 sq. ft. medical afl:zce building to total 30,868 sq. ft. for the Midtown Medical Building, located at the southwest comer of Linton Boulevard and Old Germantown Road {4600 Linton Boulevard}. {Quasi-Judicial Hearing) {The applicant has requested this ordinance TABLED until the February 2, 2(11(1 City Commission ll~leeting} The caption of Ordinance No. 04-10 is as follows: 8 01119/10 AN ORDINANCE OF TI-IE CITY COIviMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 46-07 WHICH ESTABLISHED THE SPECIAL ACTNITES {SAD) ZONING DISTRICT FOR MIDTOV~IN DELRAY, BY AMENDING SAID ORDINANCE 46-07 TO ALLOW FOR AN INCREASE IN THE FLOOR AREA FOR MEDICAL OFFICE BUILDING; AMENDING THE LAND DEVELOPI~r1ENT REGULATIONS OF THE CODE flF ORDINANCES, BY AMENDING SECTION 4.4.25{G), "S.A.D.s," SUBSECTION {9) MIDTOWN DELRAY TO REFERENCE ORDINANCE Q4-I0; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. office.) {The official copy of Ordinance No. 04-IQ 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. Mr. Frankel moved to table to a date certain of February 2, 20I0 at 7;~0 p.m,, seconded by Mrs. Gray. Upon roll call the Commission voted as follows; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. 10.B. ORDINANCE NU. 03-10: Consider aprivately-initiated rezoning from CF {Community Facilities) to RM {Medium Density Residential} fora 0.387 acre parcel of land known as the Bordman Property, located on the west side of Oceanview Avenue, south of Gulfstream Boulevard. {Quasi-Judicial H~earitxg) The caption of Ordinance No. ~~-10 is as follows: n AN ORDINANCE flF THE CITY COI1~vIISSION flF THE CITY flF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED COMML)I~lITY FACILITIES {CF) DISTRICT Tfl MEDIUM DENSITY RESIDENTIAL QCZM} DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE WEST SIDE OF OCEANVIEW AVENUE, I25 FEET SOUTH OF GULFSTREAM BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP 9 OU191I0 OF DELRAY BEACH, FLORIDA, OCTOBER 2009"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 03-10 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. Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item and all subsequent items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item, Mayor McDuffie asked the Commission to disclose their ex pane communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-010 into the record. Mr. Dorling stated this is a request for consideration of a privately- initiated rezoning from CF {Community Facilities} to RM {Medium Density Residential) 0.3$7 acre parcel known as the Bordman property north of the Seacrest School next to the Seacrest Presbyterian Church. T11e church anti] ,just recent]y owned that parcel and used it for some recreation facilities associated with the church and they no longer need it and have sold it to the applicant. Mr. Dorling stated the applicant would like to rezone the property to accommodate two single-family homes. He stated the required findings as it relates to the zoning being similar in intensity as allowed under the FLUM (Future Land Use Map) are made in the staff report. At its meeting of December 21, 2010, the Planning and Zoning Board considered the rezoning request for the Bordman Property and recommended approval with a 6 to 0 vote. Staff recommends approval. There was no cross-examination or rebuttal. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of Ordinance No. 03-10, to please come forward at this time. There being no one from the pubic who wished to address the Commission regarding Ordinance No. 03-10, the public hearing was closed. n 10 01119!10 Mr. Eliopaulos moved to adopt Ordinance Na, 03-10 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll ca11 the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes. Said motion passed with a 5 to Q vote, IO.C. ORDINANCE NO. 01-10 {SECOND READINGISECOND PUBLIC HEARING): Consider acity-initiated amendment to Land Development Regulations {LDR) pertaining to Assisted Living Facilities and Continuing Care Facilities, The caption of Ordinance Na. 01-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTIONS 4.4.1, "AGRICULTURE (A) ZONE DISTRICT, SUBSECTION (B)' ; 4.4.2, "RURAL RESIDENTIAL {RR) ZONE DISTRICT", SUBSECTION (B); 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTION {B); 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SUBSECTION (B); 4.4.7, "PLAI~II~TED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", SUBSECTION (B); 4.4.13, "CENTRAL BUSINESS {CBD) DISTRICT", SUBSECTION {B); 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTION (B); 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION {B); 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT {OSSHAD)", SUBSECTION (B), IN ORDER TO CLARIFY THE ZONING DISTRICTS IN WHICH office.) ASSISTED LNING FACILITIES ARE ALLOWED AS PERMITTED USES; AMENDING SECTION 4.x.9 "OFF-STREET PARKING REGULATIONS", SUBSECTION (C), TO CLARIFY THE PARKING REQUIREMENTS FOR ASSISTED LIVING FACILITIES, AND AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE UPDATED DEFINITIONS FOR ASSISTED LIVING FACILITY AND CONTINUING CARE FACILITY"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 01-14 is on file in the City Clerk's 11 fl1119I10 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the Legislature recognizes that Assisted Living Facilities shall be operated and regulated as in residential environments not as medical and nursing facilities. Mr. Dorling stated Federal Law requires Assisted Living Facilities to be accommodated in the same manner as residential uses, providing that the density regulations of the local jurisdictions are met. Mr. Dorling stated in order to da that staff has made these modifications in this ordinance and added the uses as permitted uses in A "Agriculture" district, RR "Rural Residential" district, R- 1 "Single Family Residential" district, RL "Low Density Residential" district, PRD "Planned Residential District", :RO "Residential Office" district and OSSHAD "Old School Square Historic Arts District". Mr. Darling stated it is also added as allowed uses in the CBD "Central Business District" and CF "Community Facilities" District. The ordinance also clarifies the parking requirements far assisted living facilities and modifies the definitions of both assisted living facilities and continuing care facilities. At its meeting of November 16, 2009, the Planning and Zoning Board considered this ordinance and the Board had some discussions about the category of personnel services and they had some concern that this might be used as a loophole to get around same issues that were recently closed with ordinances an transient residential uses and the definition of family. The City Attorney's office evaluated the Board's concerns and it was determined that the proposed ordinance is not in conflict with the recently adopted ordinances pertaining to "Transient Residential Uses" ar the definition of "Family". After significant discussion, the Planning and Zoning Board recommended approval with a 7 to 0 vote. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Mrs. Gray waved to adapt Ordinance No. 01-10 on Second and FINAL Reading, seconded by Mr, Eliopoulas. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.I}. lRDINANCE NO. 02-]0 tSECQND READINGISECQND PUBLIC IiEA12ING). Consider achy-initiated amendment to the Land Development Regulations (LDR} pertaining to Community Residential Homes and Group Homes. The caption of Ordinance Na. 42-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF Th1E CITY OF DELRAY BEACH, C 12 01119110 BY AMENDING SECTION 4.3.3{I), "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES", SUBSECTION {4), "CLASSIFICATIONS", TO UPDATE THE TABLE PROVIDED THEREIN AND AMENDING SECTIONS 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTION (D); 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT {PRD) DISTRICT", SUBSECTION {B}; AND 4.4.12 "PLATtI~ED COMMERCIAL {PC} DISTRICT, SUBSECTION {B); TN ORDER TO CLARIFY THE ZO]~tING DISTRICTS IN WHICH, COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES ARE ALLOWED AS EITI-IER PERMITTED OR CONDITIONAL USES AND AMENDING SECTION 4.6.9 "OFF-STREET PARKING REGULATIONS", SUBSECTION {C) TO CLARIFY THE PARKING REQUIREMENTS FOR COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. {The official copy of Ordinance Na. 02-10 is on file in the City Clerk's office.) The City Attorney read the caption afthe ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter afthe City of Delray Beach, Florida. Paul Darling, Director of Planning and Zoning, stated this is to update the City's LDRs to achieve consistency with respect to zoning districts where group homes and community residential homes are allowed, Mr. Darling stated it deletes Level 1 Group Homes under the list of conditional uses in the R-1 zoning districts since they are listed under permitted uses; adds Group Home Type 1 as a principal use within the PRD (Planned Residential Development) adds Group Homes, Type 1 as a permitted use in the PC {Planned Commercial) zoning district; modifies the Zoning District Table to allow Community Residential Haes and Group Homes, Type 2; it allows Community Residential Homes as a conditional use in the commercial districts of PC {Planned Commercial) and CBD-RC {Central Business District-Railroad Corridor) zoning districts; establishes parking requirements far community residential homes and group homes and deletes the reference to A.C.L.F.'s {Adult Congregate Living Facilities) which was repealed by Ordinance No. 20-08. At its meeting of November l6, 2009, the Planning and Zoning Board considered the text amendment. No one from the public spoke on the issue, The Board raised concerns similar to the ones on the previous ordinance as it related to concerns about loopholes that were closed with the transient residential uses and the definition of family. The City Attorney reviewed this ordinance as well to verify that those concerns 13 01119110 were not warranted; however, after that discussion the Board voted 4 to 3 to recommend denial of this ordinance, At its meeting of January 5, 2410, the City Commission considered this ordinance and received a response from the City Attorney's office with respect to those concerns and recommended approval at that time. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 02-10, the public hearing was closed. Mr. Eliopou]os moved to adopt Ordinance No. 02-10 on Second and FINAL Reading, seconded by Mrs. Gray. Upon ro11 call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs, Gray -Yes; Mayor Mcl7uffie -Yes; Mr. E]iopoulos -Yes. Said motion passed with a 5 to 0 vote. 14.E. CIRDINANCE NC}. OS-l4: Consider acity-initiated amendment to the Land Development Regulations (LDR) Section 2.4.1(G), "Requests for Reasonable Accommodation", to provide an exception to the property address requirement on the "Request Form for Reasonable Accommodation". The caption of Ordinance No, OS-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 2.4,'7(G), "REQUESTS FOR REASONABLE ACCOMMODATION", 1N ORDER TO AMEND TIIE REQUEST FORM FOR REASONABLE ACCOMMODATION FROM THE LAND DEVELOPMENT REGULATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) {The of~icia] copy of Ordinance No. 05-1.0 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been ]egal]y advertised in compliance with the laws of the State of Florida and the Charter ofthe City of Delray Beach, Florida. C 14 0ll19110 Paul Darling, Director of Planning and Zoning, stated this is to provide an exception to the requirement to pravide a property address on the Reasonable Accommodation Request Farm. Mr. Darling stated this is being added because under Federal Law there are laws dealing with confidentiality of personally identifying health information. If this exception is requested, the applicant will be required to pravide documentation to substantiate the claim that helshe is governed by this section. At its meeting of December 21, 2049, the Planning and Zoning Board considered the amendment and. recommended approval with a 6 to 4 vote. The City Attorney stated there is a minor change revision from the first reading until this reading where staff added the same language under the address of the applicant just in case the applicant and the place where the accarnmadation may occur is the same address. Mayan McDuffie declared the public hearing open, There being na one from the public who wished to address the Commission regarding Ordinance No. 45-10, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance Na. 45-14 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll ca11 the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 4 vote. At this point, the time being 7:15 p.m., the Commission moved back to Item 9.E., Status of Report an Waste Management Issues {Addendum) of the Regular Agenda. ~.E. STATUS REPORT t)N WASTE MANAGEMENT ISSUES (Addendum) The City Manager stated the City has been working an franchise fees for some time with staff, Mr. MacNamee, and Waste Management. The City Manager stated the issues with franchise fees have been cleared up and with the process of looking at franchise fees there are still some anomalies involving individual accounts that staff would like to discuss further with Waste Management. He stated he was called by Mr. Hawkins, Area Vice President with Waste Management, and he left a voice mail. The City Manager stated he called Mr. Hawkins back twice today and he had to leave a voice mail and was not able to speak with him directly. However, the City Manager stated they have identified a person on their staff that will work with the City and they want to get an appointment set up so that the additional questions can be addressed as quickly as possible. With regard to the classification of units, the City Manager stated as staff has been looking at this there are several oddities that they would like to investigate further, The City Manager stated the unit count was in the bids when it was put out for a Request for Proposal {l~'P) in 2441 and the count was changed in October 2002. Staff has not been able to find documentation as to exactly why it was changed. The City Manager stated going forward from 2442 every month the building division generates a report of 15 41119114 demolition permits and new Certificates of Occupancy {CO) issued. He stated a copy of that goes to Code Enforcement so they know how many new units are out there that need to have garbage carts delivered; a copy goes to Waste Management for their records, and a copy goes to Utility Billing. The City Manager stated that is used to update the unit count from month-to-month. He stated the multi-family count that was put in place in October 2002 has remained unchanged and all the additional units have been added to the rollout cart category and the other two categories have remained unchanged, The City Manager stated staff took the City's billing records and compared the number of units in each category with Waste Management's billing and that is where the large difference of about 2,000 units between multi-family and roll-out came to light. The City Manager stated staff found an 8-unit apartment building that has no space for a dumpster nor do they have space for $ roll-out carts. Therefore, they have an $-unit multi-family building that is being serviced with 3 roll-out carts. The City Manager stated there is also a situation with mixed-use buildings where the first floor is commercial and the second floor has residential on it and there is no separate service for the residential multi-family units. He stated there is a dumpster that serves the commercial on the first floor and the residential on the second floor. The City Manager stated that is all being serviced through a commercial account and staff believes the only way to sort this out is to da a field audit and use staff and Code Enforcement to do that. He stated staff feels it would take approximately two months to go through and field check each one of these different accounts and categories to be sure that the City has them properly classified and that we are billing the properties correctly and in turn that Waste Management is charging the City correctly for the type of service they are providing for that property. The City Manager stated until the City goes through that type of audit, it is not really possible to pin down any rebate that Waste Management may perhaps owe the City because they have been billing the City for more expensive service than we have been receiving or vice versa. The City Manager stated he expects to speak with Mr. Hawkins tomorrow and get the appointment set up so that the City can pursue the additional things that we need to look at in Waste Management's records, Mr. Fetzer stated he has asked for this to be on the Agenda tonight and this has been an issue far approximately a year or so. He stated he has met with Mr. MacNamee, Jae Safford, and the City Manager in trying to figure out how we can get this resolved and bring closure to it. Mr. Fetzer stated he is out of patience with this issue and would like to see this fixed now. He stated Mr. MacNamee has done a tremendous amount of research on this and it is critical with the City's budget issues that the Commission has to face this head on and fix this. Mr. Fetzer stated he expressed concern at the last meeting that he was concerned about the hint that there is lack of controls aver this process and perhaps other processes in the City. He stated the Commission has got to know that there are internal controls in place that we can avoid this sort of thing happening in the future as well as fixing what has happened already. Mr. Fetzer asked what we can do to close these issues and get the money that is awed to the City and fix whatever has to be done to make sure this does not happen in the future. He asked is it the City's processes or do we need to consider changes in staff with what has happened here. 16 O1J19/l0 The City Manager stated it is apparent to him that there were same basic things that should have been in Utility Billing that were not done. Far example, the City Manager stated every single family residence that is getting a water bil! should be getting a garbage bi11 at the same time. The accounts that the City has and the accounts that Waste Management have need to be reconciled annually sa that we do not end up with a large disparity between the way units are being counted by the City and the way they are being counted by Waste Management. He stated these are basic things that need to be addressed. Mr. Eliapoulas stated at the last meeting he threw responsibility on the Commission, the City Manager, and Joe Safford. He stated this Commission with the exception of Commissioner Gray, was introduced to this issue by Mr. MacNamee about a year ago. Mr. Eliopaulas stated this Commission has failed and they failed in 2001 when they took the BFl contract and went with it. He stated it is the City's duty to get the counts right. Mr. Eliopoulos stated as of today, there is still more information that seems as though it is inconsistent with regards to the information that our staff is Ending and/or comparing to what Mr. MacNamee has found. Mrs. Gray asked what department is actually responsible far the counts. The City Manager stated it would be the Utility Billing division in the Finance Department. Mrs. Gray stated the field count wi11 help and asked who would perform an audit. Joseph Safford, Finance Director, stated he does not believe the City's auditors look at the actual database but they look more at the internal controls, haw units are updated, and how the City collects money, etc. Mr. Frankel stated he concurs with comments expressed by the Commission, however, he does not agree with Mr. Eliopoulas that we do not have the answers. Mr. Frankel stated he disagrees and feels Kenneth MacNamee has plenty of answers and has specific figures. Mr. Frankel stated Mr. MacNamee has taken a very complex billing situation and is coming up with detailed reports and specific addresses. Mr. Frankel stated Mr. MacNamee has been a tremendous help to him and the City. Mr. Safford stated this is not a complex issue and explained that the City receives franchise fees from many entities (Waste Management, Florida Power & Light, Southern Bell, all cable providers, and other telephone providers}. He stated. you get a check each month and the City does not receive a billing register with it. Mr. Safford stated the City does not know if FPL's billing register is correct and the only way to audit something like that is to receive a billing register and go through approximately 30,000 accounts, perform field audits, and make numerous telephone calls etc. to confirm those numbers. He stated there is also a lot of money that comes through the telephone companies through the State dawn to the City, Mr. Safford stated the City receives a check that shows the franchise fee far the month. but the City does not receive the detail behind that. He stated every month the City receives a check and a backup letter which shaves a computation of the franchise fees. Mr. Safford stated October 1, 2008 the rall- off containers far C&D were no longer an exclusive franchise of Waste Management and 17 0111 X110 that was being handled by the Code Enforcement division. Mr. Safford stated a clerk at Waste Management was told to take roll-off containers off their list and that person did. He stated that error accounted for 34,404 of the 52,440. Mr. Safford stated the City brought it to the attention of Waste Management that the franchise fees were not reflecting the rate increases that the City had (Mr. MacNamee brought that forward) and that something was wrong. Mr. Safford stated Waste Management issued a check to the City for $24,433.04 and staff did not find that they left off the permanent containers yet because the City had not received a billing register. Mr. Safford stated the City used to receive all of the franchise fees from Waste Management in one check and now everything was being separated but at the same time Code Enforcement was establishing a policy sa Waste Management was withholding their C&D checks for the first quarter until the policy was finished and it was signed off: Mr. Safford stated once the policy was signed off, Waste Management sent the City $19,044.00. He stated Mr. MacNamee's claims that there was an error far the months of C}ctaber, November, and December were wrong. Mr. Safford stated they were not wrong and explained that Waste Management was withholding the check until the policy was signed off on. He stated once that policy was signed off on Waste Management sent the check to the City for $19,444.44. Mr. Safford stated now staff has accounted for $39,040.44 that Waste Management on their own sent into the City. Mr. Safford stated they are being counted as multiple errors but it was really one error that represented all of those roll-off fees. He stated the first billing register that Waste Management sent the Commission was all detailed with the following information: Warne, address, customer numbers, size of container, frequency of pick up, special charges, etc. but Waste Management cannot go back and produce that full report (this was noted at a City Commission meeting) because this is a live file that gets changed daily. Mr. Safford stated the City received that one report dated February 2449 and noted staff had to put this into Excel format, build a 45 page spreadsheet, and build this customer file. He stated it was sufficient information to tell. staff what happened the month prior to the rate increase and the month following the rate increase to determine why the City was receiving its franchise fees. Mr, Safford stated staff received five months of billing registers from Waste Management in Excel formats but the customers change each month. Therefore, staff had to insert them into one spreadsheet that the Finance Department was building and now they had five months of spreadsheets by customer. He stated when Waste Management found out that they left off the permanent containers and sent the City a check and all the detail to that check, this information was inserted into the spreadsheet. Mr. Safford stated once that was inserted, staff found that Waste Management left off the C&D containers for the month prior to the rate increase. Mr. Safford stated in 2407 staff checked every invoice for a three year period and recalculated all of Waste Management's calculations for five months. Due to the way that Waste Management formats their letter, they left off the administrative fee. Mr. Safford stated this is approximately $354.44 a month. Mr. Safford stated he has a transfer file that the Finance Department has collected and produced an this one project. He stated in the first quarter the Finance Department did not catch the difference between budget and actual. Mr. Safford stated that is one line item on about 1,444 pages of financial reports, He stated this should have been caught but what interrupted that whole process was the Commission removed C&D .7 18 41/19/14 from that one number. Mr. Safford stated staff knew that it was going to be lower but did not recognize that it was that much laver. He stated staff would have caught it in the next few months though because of the 100°lo increase in the rates. Mr. Frankel stated Mr. MacNamee believes that in fiscal year 2009 the City was underpaid by $176,869,92. Mr. Frankel stated he does not doubt that the staff has put time into it; however, suggested that the Commission have an outside audit review this. The City Manager stated he concurs that if Mr. MacNamee does not have confidence in City staff looking at this and if the Commission can identify a firm with expertise in this area, he feels it would be beneficial to everyone in trying to get to the bottom of this issue as quickly as passible. Prior to the vote, Mayor McDuffie stated a problem has been brought to the attention of the Commission and the City needs to resolve it quickly. He stated this has dragged out far longer than all of us ever expected it would drag out and we still seem to be na further into it from a solution standpoint than they were when this started. Mayor McDuffie stated he supports an outside audit. Mr. Eliapoulos stated he understands that the Cammissian wanted to pull the C&D out of the contract but Mr. MacNamee did not came before the Cammissian on that. Mr. Eliapaulos stated Mr. MacNamee was all of sudden getting charged far a rear door pick up which he was not getting. Mr. Eliopaulos expressed concern that a system be put into place that we are constantly checking every year or sa. He stated he would like to see this done right. Mayor McDuffie stated he met with Mr. MacNamee at his home at which time he saw the $176,869.92. Mayor McDuffie stated this is a recent revelation and is a very substantial about of money. He stated that has to do with the discrepancy in counts and stated it will remain incumbent upon the City contractually to tell the vendor what the counts are. He stated the City has to come up with a methodology whereby we find accurate counts to provide to this vendor. Mayor McDuffie stated the City can spend money to ga to an outside auditor and if that is the desire of the Commission and is the only way we are going to get to the bottom of this, then he is all for it. Mr, Safford clarified that this is not something that came from Mr. MacNamee, Mr. Safford stated when the Finance Department was preparing far the new rates that were to ga into place October 2009, in light of the fact that staff ran into same of these problems with commercial units, they decided to do a data dump of their files to determine what the unit counts were in our residential units and separate it into this A, B, C & D. He stated this was a special run done by the IT Department. Mr. Safford stated staff did this internally on our own separate from the study that they were doing an commercial. He stated the fact that staff came up with four separate sets of units and that data was sent to Waste Management far them to either agree with ar da a field test and verify another number. Mr. Safford stated Waste Management field tested categories B, J 19 01119!10 C & D. He stated Waste Management started their field test of A and it was so convoluted and complex that they decided to carry the City's number. Mr. Safford stated staff finally has a database that the City and Waste Management agrees on and can support the number of units on but he sti11 feels it needs to be field tested by the City to confirm that the numbers are correct. Mx. Safford stated Mr. MacNamee took the difference in those units and calculated a monthly amount and multiplied it by 12 and said the City is losing that amount of money. Mr. Safford stated it is not that Waste Management made an error and the City does not know that yet and is doing field tests. He stated Waste Management has done everything according to the franchise agreement. Mr. Safford stated he does not want the Commission to think the City is short by $176,869.92. He stated staff came up with $52,000.00 and out of that $30,000.00 was turned over by Waste Management. The City Manager stated that is the franchise fee issue and is totally different from the charge for rollout service versus multi-family and the issue that Mr. MacNamee has raised is that if the City was being billed for a service that is more costly than what was actually being provided, does Waste Management owe the City a rebate. The City Manager stated that is the issue that staff has to get to the bottom of at this point and is the basis of this $176,$69.92. Mr. Eliopoulos concurred that an outside audit be performed. Mr. Fetzer stated the Commission does not have confidence on how this has been handled to date and it is incumbent upon the City Manager and the Finance Director and the Commission expects this to be fixed promptly. Mr. Fetzer moved to approve a no confidence vote for the City Manager and the Finance Director, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 11.A. City Manager's response to prior public comments and inquiries. The City Manager stated at the last meeting several people expressed concern about saber houses in the La Hacienda and Bond Way area. The Police Department has been in touch with the residents who appeared at the meeting. They have had extra patrols in the area and have attended a homeowners association meeting with La Hacienda. The City Manager stated this is an ongoing project and many complaints are not really police matters that they can enforce but the neighborhood appreciates what is being done. The City Manager this is an ongoing problem and is something they will continue to work with. Secondly, he stated a woman who lives on Pineapple Grove Way had expressed concern about same of the things happening in her neighborhood. The City Manager stated Officer VanNess met with her to discuss her concerns and will be doing some extra patrols in that area and keeping in touch with her. The City Manager stated 20 avl9ilo she also had her driveway blacked during the Howard Alan Art Shaw and Officer Finley and Mr. Barcinski will work with the vendor to ensure that it does not happen again. 11.8. From the Public. 11.8.1. Kristen Puhalainen, Palm Beach County League of Cities, stated the County Commission created an Ethics Commission and the League of Cities has been given an appointment and wi11 be making that appointment at the January meetings. Ms. Puhalainen stated their February meeting is their associate showcase and she is hoping that they wi11 have a lot of support from elected officials because this is their chance to show the associate members their appreciation because they are the ones who help keep their programs going all year long with the scholarships and the barbeques. Ms. Puhalainen stated they do a trade show in February to show them off and hopes everyone will make an effort to come out and thank them for their support during the year and encouraged everyone to check out the League's new website. 11,B.2. Christina Morrison Pearce, 2000 S. Ocean Boulevard #307, Delray Beach, FL 33483, distributed. letters to the Commission thanking the Police Department for all they have been doing regarding the various drug house issues. Ms. Pearce stated in doing her research at the County level County Commissioner Marcus is working on this issue and on a State level State Representative Skidmore is working an a bill to limit pain clinics. Ms. Pearce stated her letter is requesting both the Mayor and the City Manager to write letters in support of such legislation because she feels this could help the Police Department with the City with some of these issues. Ms. Pearce stated she hopes the City wi11 fall behind same of the representatives that are working on this issue at the State level because there is a huge loophole that is causing this to happen that needs to be Closed. ll.B.3. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, expressed concern aver the condition of the sidewalks on Dixie Highway and stated the weeds are overgrown. Ms. Maady inquired about who is responsible far maintaining this area and urged the City to clean up so she can walk an the sidewalk. Secondly, Ms. Moody wished everyone a Happy New Year. 1LB.4. Alson Jacctuet, 236 S.E. 3ra Avenue, Delray Beach, FL 33483, wished everyone Happy New Year and stated the last time he was here he forgot to congratulate the newest member on the Commission, Mrs. Angeleta Gray. Mr. Jacquet thanked the Commission far their expediency with regard to taking care of the swales and the work that is being done in the Osceola Park neighborhood. At this paint, the time being 8:24 p.m., the Commission moved to Item 12, First Readings. ., .~ 21 O1/19!10 12. FIRST READINGS: 12.A. ORDINANCE NO. 06-10: Consider an ordinance amending Section 53.064, "Prevention of Accidental Discharges", by removing redundant size limits on above ground storage tanks from this section. If passed, a public hearing will be held on February 2, 2010. The caption of Ordinance Na. 06-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES BY AMENDING SECTION 53.064, "PREVENTION OF ACCIDENTAL DISCHARGES", AND RENUMBERING THE REMAINING PARAGRAPHS TO MAKE THIS SECTION CONSISTENT WITH OTHER ORDINANCE SECTIONS REGARDING ABOVE-GROUND STORAGE TANKS AND TO UPDATE REFERENCES TO OTHER REGULATORY SECTIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance Na. 06-10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Brian Shutt, City Attorney, stated staff amended Chapter 96 dealing with above ground tanks and secondary containment in the Fire Departmment section. Mr. Shutt stated this ordinance brings compliance with the LDRs and updates some out-of= date regulatory sections that were referred to in the ordinance as well. Richard Haska, Director of Environmental Services, stated this is essentially a housekeeping issue. Mr. Hasko stated last year they had similar requirements in the fire ordinances that were revised to bring the ordinance up-ta-date with current technology in terms of the sizes of above ground tanks. Mr. Frankel moved to approve Ordinance No. 06-10 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliapaulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes, Mrs. Gray - Yes. Said motion passed with a 5 to 0 vats. U 22 O1t19110 13. COMMENTS AND INQUIRIES ONNON-AGENDA ITEMS. 13.A. City Manager The City Manager stated Commissioner Gray had asked about getting periodic reports on CRA (Carnmunity Redevelopment Agency) projects. He stated he has been in communication with Diane Colonna about that and they have regular monthly reports that ga to their Boards which she will forward to the City Manager and he will forward them on to the Commission and other staff members that should be aware of those reports. The City Manager explained that the CRA has an internal report that goes to their Board about their particular projects. 13.8. City Attorney The City Attorney had no comments or inquiries an non-agenda items. 13.C. City Commission 13.C.L Mr. Fetzer Mr. Fetzer wished everyone a Happy New Year and hopes everyone enjoyed the holidays, Secondly, he stated at the November 3, 2449 City Commission Meeting he mentioned a County ordinance that was being discussed at the time regarding the anti- corruption reforms and establishing an Inspector General's C?ffice. Mr. Fetzer stated he believes that final ordinance was passed by the Caunty Commission in December 2449. Mr. Fetzer stated he is not clear as to what the cities' alternatives and options are and suggested that this item be placed an a Workshop Meeting to discuss the City's alternatives and what the implications for the City would be. Mr. Fetzer stated they originally talked about the City having a referendum to approve participating in this program, The City Manager stated his understanding is that the City can opt in now but the County will have a referendum on the November ballot and if that passes it will mandate cities to come in. Mr. Fetzer stated there is a clear cut decision the City has to make whether to apt in now or wait for the referendum and reiterated that he would like mare discussion on this at a Workshop Meeting. Mayor McDuffie stated we need a far greater understanding of what was done. He stated the City wants to be as transparent as possible but he does not want to put a burden on the taxpayers as a duplication of services. Mayor McDuffie concurred with comments expressed by Mr, Fetzer to have further discussion on this issue at the next Workshop Meeting and suggested that someone from the County Attorney's office present this to the Commission. The City Manager stated staff will check with the County Attorney's office. 23 41119/14 Mr. Fetzer commented about Mr. Ken MacNamee regarding the Waste Management issues. Mr. Fetzer stated there was some suggestion by the Finance Director that we have investigated this enough and we do not need to do this anymore. However, Mr. Fetzer stated he does not hold that position and stated we are still finding billing issues where the City has been underpaid by Waste Management and suggested that this investigation continue until we get to the bottom of every question that Mr. MacNamee has raised. Mx. Fetzer stated he would like to find the staff resources to work with Mr. MacNamee to get all the questions resolved and bring closure to this as quickly as possible. Mr. Fetzer stated the more that comes out on this makes him feel like we may have some internal controls that are lacking here if these things are happening. Mr. Fetzer expressed concern that if this is happening with this contract is it happening with others. Mr. Eliopoulos stated Mr. MacNamee is actually finding money. Mr. Frankel and Mayor McDuffie concurred with comments expressed by Mr. Fetzer and Mr. Eliopoulos. Mayor McDuffie stated we still have an issue and we need to work on it until we no longer have an issue. 13.0.2. Mr. Eliopoulos Mr. Eliopoulos wished everyone a Happy New Year. 13.0.3. Mr. Frankel Mr. Frankel wished everyone a Happy New Year. Secondly, Mr. Frankel stated he met with the Police Department and they alerted him to the increase of hypodermic needles being found at the beach. The City Manager stated one day these needles were found on the beach towards the north end and the next day they were on the sidewalk. Mr. Frankel thanked the Commission, staff, and Mayor McDuffie for. the Menorah Lighting Ceremony held on December 11, 2409. Mr. Frankel stated he has received compliments from people in the community and visitors who are very appreciative of the support of bringing the Menorah to Old School Square. Lastly, Mr. Frankel stated he had a wonderful dinner at the Seagate Hotel and noted on the December 1, 2409 City Commission Meeting the issue of the valet parking in front of the Seagate was discussed. He stated the times on the signs are incorrect and should read 11:44 a.m. -11:40 p.m. ., .~ 24 41/19110 13,0,4. Mrs. Gray Mrs. Gray ]eft the meeting at 9:52 p.m. and therefore was not present for comments. 13.C.S, Manor McDufffe Mayor McDuffie wished everyone a Happy New Year. C7 Secondly, he stated the budget wi]1 be very interesting this year. Mayor McDuffie stated he has enjoyed working with the entire Commission this past year and ]oaks forward to another great year. Lastly, Mayor McDuffie stated the holidays were wonderful and noted he missed First Night because he was ill. There being no further business, Mayor McDuffie dec]ared the meeting adjourned at 8:39 p.m. City C]erk ATTEST: MAYC}R J 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 January 19, 2014, which Minutes were formal]y approved and adopted by the City Commission on 25 01119110 C City Clerk C r~ u NOTI Td 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. 26 Oll19/10 U SPECIAL MEETING JANUARY 2G, 2010 A Special 1ltteetittg of the City Cornrnissian of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Cornmissian Cl~nbers at City l loll at 6:05 p,m, on Tuesday, January 26, 2010. Rail call shaw~d: Present - Commissioner Gary F. E liopoulos Camrrusssioner Fred B. Fetzer Commissioner Adam Frankel Commissioner As~geleta E. Gray Mater Nelson S. NkDuffie Absent - Nane Also present vaes!e - David T. Harden,, City Manager Brian Shutt, CityAttamey Chevelle D. Nubin, City Clerk ltrlayor Nelson S. l1rlcDuffie called the sl~:c~ial rr~'c'~ to order and announced that it had been called far the p'~'Pose of considering the following Item SPECIAL MEETING AGENDA 1, REVIEW OF WASTE MANAGEMENT ISSUES: Consider having the Financial Review Board review issue with the Waste l~~~rragement Cornracts. Rrlayor McDuffie stated the item before Corrui~tission is to consider allowing the Financial Review Board to review the issues with the Cit~s Waste Mans;lent Contracts. He stated he made phone calls to see v,~hat w~ could pos~~laly der with outside accountants. He also called a member of the Financial Review Berard and after brief discussion the person suggested that since they had spent two years revie~n?ing the budget for the city, they would like to be considered to carne in and der this review Mr. 1Vk;Duffie stated we leave ~wrked very hard to appoint people ~ all tnrsted to this board and feels they could hit the ground runz~irig. Mr. Fetzer stated he had a productive meeting today with Mr. Harden, Mr. MacNamee and Rich Reade. He stated they discussed how to move forward with this issue and that Rich Reade would serve as the coarainator been Waste Managan~ent and our Financial Review Board. He also agrees that we appointed talented people and supports tlvs process. Mr. Eliopoulos stated the chair of the board al?~praadiled him and he did hear from Mr. Harden about this. He stated he is cance+:~ted about wasting more time and he does not know whether the Financial Review Board has the time to der this. Secondly, he asked regarding whatever inf armatian we get from the review of this vuaste management issue, if there is sornetlung w~ can start doing are we going to enforce it. He supports this and wants it done quickly. Mrs. Gray stated she is concerned about why or not the Financial Review Board v+lill have time to do this; and if this will z~>ally be settled with their review or v~ill w~ end up going to an outsic~ auditor. She wants this settled c~ckJy. She asked the city n~uiager haw long it will take to settle this. Mr, Harden, City Mar~ag,er, stated we want to identify the disparities betv~n the property appraisers records and the billing records and in some cases it v~ill require field verifications which code enforcement staff will do; and it will take 30-60 days to cio the field audits. However, we understand the urgency in gating this erne. Mr. Frankel stated he agrees with letting the Financial Review Board review t]1is. He cli<scussed the contract and expressed his concerns with why the contract had not been updated Mr. Franl~eel stated reg~ some problems with gating reports, pages 27 and 28 of the contract address this. In addition, he spoke with a resident who called the city wanting a br~yakdown reg~~ Isis bi1L He asked if cardboard is bung s+~pa~ated for resic~ntial and commend. custamezs. He brought up other points in the contract. He discussed the "out" clause and re- bidding tlhe contra if necessary. The City l~~inager stated all recycling is being handled by the Solid Waste Authority. Mayer McDuffie reference page 22{B){2) of the contract and he has asked that the Financial Review Beard review businesses processes and procedures and policies. He stated he really does not $unk it c~~ill be that long of a process because we will focus tf~eir attention specifically on this issue. I?iscussian continued between staff and comrr~issian. Mr. Frankel moved to allow the Financial Review Beard to review issues with the Waste l~~~nag~nerrt Contracts with Rich Read serving as the coorc~nator betweart city staff, Waste M~~rrent and the Financial Review Beard, seconded by Nhs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Fri -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. E liopoulos--Yes, Said motion passed with a 5 to 0 vote. Mayor McDuffie ad~ourrted the Special Meeting at 6.27 p.m. City Clerk ~~ January 26, 20 ] 0 .ATTEST: MAYQR The undexsigned is the City Clerk of the City of Delray Beach, Florida, and the anformaiaon pxovided >S the i4fiinutes of the Special 11r1eetir~g of the City Co~n~s~ion held on Tuesday, January 26, 2010, which IV~tlutes fonr~ally approved and adopted by the City Commission on City Clerk NOTE TO READER: Lf the Nfinutes you have received are not completed as indicated above, this ar~eans they are not the official Nfinutes of the City Con~sr~ission. They v~,~ll become the offiaal 1Vfinutes only after review and al~aroval, which may involve amendrx~erlts, additions or deletions to the 1Ylinut~ as set forth above. • U January 26, 2014 u WHEREAS, many tirr~es when individuals need help with meeting life's basic needs they are not sure whe to tum; and WHEREAS, Palm Beach County and the Treasure Coast are fortunate to have a non profit agency, 211 Palm Beach/Treasure Coast, that has been in the community for mare than 3$ years providing information and referrals on comrnumity resouroes, telephone counseling for distress~.~c3 callers and suicide irttenvention; and WHEREAS, 211 Palm BeachJTreasure Coast will be recognized as the central lnikage point in our community providing individuals with the infom~ation arul support they need to solve their problems; and WHEREAS, the staff and volunteers at 211 Palm Beach/Treasure Coast are available 24 hours a day, 7 days a Lek and assisted over ~ 60,000 callers in need of infomnation, refearxals to social services agencies or just someone to talk to task year alone. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayer of the City of Delray Beach, Florida; on behalf of the City Comrra~ion clo hereby proclaim the Lek of Febn~ry 11, 2010 - Febn.zary 17, 2010 as 2-1-1 AWARENESS WEEK in the City of Delray Beach Florida and urge all citizens to be aware of the telephone numbc~ they need to lmow to access infom~iion an over 3,700 programs in our conruty that provide assistance in such areas as Insurance, Volunteering. Food, Day Care, Menial Health Couns+lin~ Support Groups, Home Health Cade, and Financial P~sistance. IN WITNESS WHEREOF, I have her~.mto set myhand and caused the Official Seal of the City of Delray Bach; Florida, to be affixed this 2`K' day of Febn~ary, 2010. NELSON S. McDUFFIE MAYOR Item 6.~4. .G~9 Qctober 26, 2009 Government Finance Officers Association 203 I+F. LaSalle Street -Suite 2700 Chicago, 1L 60601 Phone (312} 977-9700 Fax (312) 979-4806 David T. Harden City Manager City of Delray }3each 104 N.9V. 1st Avenue Delray beach FL 33444 Bear Mr. Harden: We are pleased to notify you that your comprehensive annual financial report far the fiscal year ended September 30, 2008 qualifies for a Certificate of Achievement far Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The Certificate of Achievement plaque will be shipped to; Joseph M. Safford Finance Director under separate cover in about eight weeks. We hope that you will arrange for a formal presentation of fire Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. A sample news release is enclosed to assist with this effort. In addition, details of recent recipients of the Certificate of Achievement and other information about Certificate Program results are available in the "Awards Program" area of our website, www.gfoa.org. We hope that your example will encourage other government officials in their efforts to achieve and maintain an appropriate standard of exce]lence in financia[ reporting. Sincerely, Government Finance C}fficers Association -~~~~ Stephen J. Gauthier, Director Technical Services Center SJG/ds ~~~~~ DEC 0 3 ~0~9 CITY CL~q Government Finance Officers Association 2Q3 T1. LaSalle Street -Suite 2'7t1fl Chicago, IL t546fl1 Phone (312} 977-970(} Fax (3 ] 2) 97'7-48Q6 10126f2009 l~dEWS RELEASE For Information ccmtact: Stephen Gauthier (312) 9'77-9700 (Chicago}-The Certificate of Achievement far Excellence in Financial Reporting has Been awarded to City of Delray Beach by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financia] reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual(s), department or agency designated by the government as primarily responsible for preparing the award winning CAFR. This has been presented to. Milena L. Walinsld, CGFU, Assistant Finance Director The CAFR has been judged by an impartial panel to meet the high standards ofthe program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financia] story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately i7,S00 govertxartent finance professionals with offices in Chicago, lI.,, and Washington, I?.C, /fem 7.A. Page 1 of 1 n lVIEMflRANI}LTM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Serv]ces Director THROUGH: David T. Harden, City Manager DATE: January 26, 2414 SUBJECT: AGENDA ITEM 7.B. -REGULAR CORIMISSIUN MEE'T'ING OF FEBRUARY 2 201U LITTLE FENWAY FIELD CQNCESSIO~I BUILDING REVIEW PRESENTATION ITEM BEFORE COMMISSION Staff' will present the current elevation and floor plan proposal far the new concessionCrestroom building to serve Little Fenway Field at Miller Park. n BACKGROUND During the design phase of the Miller Park renovation project, Little Fenway field improvements were limited to the replacement of dugouts, backstop and outfield fencing. Commission recently approved a contract addition to West Canstruetion, Inc for extensive field renovations at Little Fenway. The playing field had developed various hazards to player safety. Enhancements currently underway will include new irrigation, laser grading and sports turf. It was recently discovered that the current condition of the two story wood frame and plywood siding concession stand structure, bu]lt in 1975, poses a hazard to patrons. The building's structure has been compromised by structural damage to the wood truss system caused by termites and years of use and weathering. Interior spaces, like the restroom facilities are small, poorly lit and poorly ventilated. At the December 8, 2449 regular meeting, Commission approved a service authorization to Currie Sowards Aguila Architects for design of a replacement concessionlrestroom facility to serve Litt]e Fenway Field. Staff wi]I present the current elevation proposals for the new structure to Commission for review and comment. Our current schedule for the project provides for plan completion in mid-February. We will solicit bids from four {4) building contractors from our prequalifcation list and will target the March loth regular meeting for contract award. We anticipate commencing construction in mid April. with a 94 day time of performance. The facility should be complete in mid July. We were attempting to plan a May 1st finish for the structure, however, given the process required for project development and construction, that is not a realistic date. r~ u RECOMMENDATION The the Commission approve the proposed floor plan and elevations for a new Little Fenway concession building. http:llmiweb001 /Agendasll~luesheet.aspx?ItemID-2983&MeetinglD~231 1/29/2010 AerialMap ~. hEtp:JJesgisrv001J...CENTERX=458325.8618830241&CENTERY=765444.2434555736&ISfI71E=1&ISLEGENt~=1&ISARROW=1[1J26J2010 9:24:13 AMA m ~~p{ 6 $ { I ____._ I ~ t i i ~J ~ ~ t ,~ s_____-- ~ ~. ~ ~~ ~ ~ e e ~ ~~~ a z ~ t 3R ~~ ~~ ~ e ~ ~~ ~~ ~~ o~ ~~i ~._ . „ ~ ~ ~~~~ ~ ~ ~ ~oa° U O Q L1 g~ ~ ~~~~ ~ ,~, w ~ ct ~ ~~u°°~~ J ~~~~~~~~~ ~ ~ ~ ~ o ~$ ~ ~- oc•rr~ avaes 0 v 'an Sl~flnuy` vvy. 00~ ~ A lw>Y45 xattha T+t YOnW 'w]rtnAO b9 A ]fM1 6iu0 W rW.MtlO~ .~OK~ ~ ~Y]fItl !W lleq~ Tw ~7n 0aa0pgp. yy~ AxN A 0141WC eu Y atM4~pry WI I+0f0vvA~UeQe ~Y'YI0 KRS 010L{iR T•C'iv00Nfl0i2Tlt~p 0Yl0,1. OIT'1W 11My]17LJ31 [0it(0.q ~~...... y 6 arc a ~ ~ a ~~'~ ~ `~` ~ z "" ~ a~~~~~~ ~e ~ - '`t UOdt=.1 a~~~ ~ w~ri°~ '' ~ e 8 m ~a or~zz~r eaaas ~~ ~3 meeom s a. n>vut~n ,..w va.e. mev n t +uis w troroa. ~uz bo sse m sm muo w wur~'+~+>•sw u1+ ~w u. suave tw ~ar wsiw+ vw. ~ >sao x wxaa m v ~xa~ xa sru [%SYrdWl Al~amT ltltffR5Vi0Nth'dv[y rtY6'O~tti eat®YY86LttM~ aYMIM iiWit6tt6(~T • C ~ c~ ~~~~ ~ ~ ~ ~©qW ~ a ~~ _ c~ CJavy, ar ~ m f4 `~ tl} Z ~ CO ~ '~ w 'Q W Q V~ ¢ 4 ~~6 K ~ ~ ~ ~ © ~ } W W a`~~~ ~Itim°m~., u°. ~ '~ ~ J J ~ ~ a ~ ~ X50 ~ UC~9d 2~oN~w '~ ~m ~ ~ g J ~ ~ ~ ~ ~ ~ $ o-~i ~C u d Ot'ZZ'T 8b'2idS t ~~ ~ ~~ ~~ ~ ~ ~I ~~ ~~ ~ ~ § ~~~ .P+G ~~ ~~ ~B~ ~~ ~~ r f, ~;, ~. „~ 1 F ;::,' r ''i r.f~^ g ~~~ i Y }, ' ::3.;4 ' S5 tJ. M]W MYIM .~ .4+LI , l LL ~ ` ~ ~ o cj ~I a O h~" '' Q }~ j~ ~? w ~ ' `~; ~ h w ~, ~ t, t , w ~~ ~1~ r_.. ~~4 r~~.1 ~. J f-'k ~ _ o ~ o~. r ~, ~~ ~ t. ~~~~ z _ z~ ~~~~ ~ ,;~. } ~ [ ex ,' I: + ~ ~L G ~L z s 'v '~: ~ ~ '~ Y' r^.,L f~iitf i W ,'+,~1 ' W M _ • ~~, ' <C ~~ '~ F-- ~ ~~ ~ ~~ :. ~~ ~ f~ ~ -r-- i- Page 1 of 1 ~~ M~MC}RANDUM TO; Mayor and City Commissioners FROM: Ronald. Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH; City Manager DATE: January 28, 20IQ SUBJECT: AGENDA ITEM 8.A, -REGULAR Cf}MMISSION MEETING OF FEBRUARY 2 201Q REQUEST FOR SIDEWALK DEFERRAL1453 N.W. 9TH STREET ITEM BEFORE COMMISSION The item before the City Commission is the approval of a sidewalk deferral for the property at 453 NW 9th Street. BACKGROUND The subject property is within the Lake Ida Neighborhood Overlay District and is located at 453 NW 9th Street. Currently undeveloped, the property is zoned Single Family Residential (R-1-AAAB} and consists of Lot 2, Happy Together Plat, as recorded in Plat Book 113, Page 20, of the Public Records of Palm Beach County, Florida.. The City Commission approved the plat at its meeting of November 17, 2049 and the plat was recorded on December 10, 20(}9. Approval of the plat included a 5' sidewalk easement along NW 9th Street. The owner wishes to construct a single family home on the property and to defer construction of the sidewalk. No other sidewalks exist on this block of NW 9th Street. At its meeting of July 16, 2009, the DSMG supported the sidewalk deferral. Pursuant to the agreement, the owner will construct the sidewalk along NW 9th Street at its sole cost and expense at a later date, after being requested to do so by the City. The agreement has been reviewed by the City Attorney and approved as to form. RECOMMENDATION Move approval of the agreement to defer construction of the sidewalk along NW 9th Street for the property located at 453 NW 9th Street. C httpJ/miweb00 UAgendas/Bluesheet.aspx?TtemID=3004&MeetingTD=231 112912010 Prepared 13y: RETCIE~N TO: R Brian Shutt, Fsq. City Attorney's ©ffice 2110 N.W. 1 st Avenue Delray Beach, Florida 33444 AGREEI~IENT F4R SIIDER'ALK IMPROVEMENTS THIS AGREEMENT entered into this day of 200_, between the City of Delray Beach (hereinafter the City) and Randall K. & Lennie F. Smith (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along N.W. 9"' Street until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(G) requires the installation of a sidewalk, within the N.W. 9`~ Street right-of-wayleasernent immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, ~t~-IEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.13(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. ~. - i• WITNESSETH Id~C}W, THEREFC}RE, 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; ~~~ iv.'4~Y. 9`h Street Delray Beach, Fl 33444 1. The owner agrees to construct a sidewalk, at its sole cost and expense, along the N.W, 9'~ Street right-of--way/easement abutting the subject property, within.. a time period that is acceptable to the City, after being requested to do so by the City. 'The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the irrtent of the parties that this Agreement shall run with the land. This f 7~ Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN ~V:[TNESS W1-IEREC}F, the parties to this agreement set their hands and seals this day of ATTEST: City Cleric 240_. CITY OF DELRAY BEACH, FLt)RIDA By: Mayor Approved as to form and sufficiency: City Attorney C}V~JNER: By: ,... ~l'lease type or print name} 2 STA'G'E OF - ~~~r~.~`Sc'~.~~-~,''~ COUNTY OF The foregoi instrument ,20(d{~b ` ,f, ~. before me this __~~~ day of (name of person acknowledging}. Signature of Notary Fublic -State of Florida tt111l1l~fl1t111/ Print, Type, or ~ ~ ,ass ~, ed Name of Notary Pub ~~~~~~?P,f~+~. ,. .. Personally Known ~,~ OR Praduced Identification P .~ ~ ~~ :•~a Type of Identification Praduced: ~,;._,~_a~~~~'' 3 'J'am{ f F'r_. ~"""~'~ ~ ':? } b.«„ r ' ~ ~ ~ _ ~y ,,., ~`Y4 n~ "S^'' 33_,P'J ,''~ r j , ~~,~\}{~~ ~ { ~~; i t { ~ 1~ ~ ~'~, yS~;.~ i.+ ~ 7S `.• 1 :`~ ! . _ _ _ ~ ,, ~ -mot' -° ... , ~ .~ - - ~~x._ S ..-~-~ s ~'I ,- `~k ~ ~ q ~ S . .Y ~ ~ 7...~ ~ fit T -~ 1e.~, ,i - ~ ~' ~. as- "r-!y ~~ ` .. .Z 1j3j3 ~i.+~y,y L~' l I~. d~ c• ~"~"~ f`~. .{ - .~ „~ ,~, ~ ~~ ~~~ f t v ~~ ~~ ~ i t { ~ xj .a-- f} ate, ~ '+ - ~ `T r l € "'-~ ^.-: .. ~~ ~- '_. .~ ~t r't 1 Y ~.. ' t_ ~ `. i ~ ~ ,, f [ i ~} \ ..i 1 "~~ ... ~. ~ ,.~~ ~ "rte Lr _ ` 1 . ~ ~~w 1 '~ "`. 7-s~ ~ ~ ~/JR~"~ t: ~.'a;~Y a.., t ~ ~ S ) ~ ~ ~ ~ •~~ ,t '" 'r ~~_J, `~' '~, w, a~ ~ _.\ .. ~...i "` „.,~ _ ' , Cyr ~,; p~-~" ~ ~.~ , r , . ~ ~ ~ ~ ~~ µ~ ~k ~ .H r x ~.~, ~ ` ~ ~~i {~i '}~ y=~tc +~ .. ~~ . ~ ~_,,, ~, ~ `-';~.-4u-:.-may -t,~R'; 1 A 1 _ ~:; ~_ cs I ,` ` rt ~ `Y jls~___~~'''j'^4 l ~_ ~~~ ~~` q- ~ ~ , .• 1 3 _~ ~{ 3 t ,~ ~ 't ~~: e'c ~ .~ ._ ~. ~. -.-~ •.~- ' f ~~ , 1t'~ ~Y ;. ~ > :,, , ~~. >'s;: w Page 1 of 1 n L~ MEMORANDUM TO: Mayan and City Commissioners FROM: Tracie M. Lutchmansingh, P.E,, Assistant City Engineer Richard C. Hasko, P,E,, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 27, 2010 SUBJECT: AGENDA ITEM 8.B, -REGULAR COMMISSION MEETING OF FEBRUARY 2 2010 RE VEST FOR SIDEWALK DEFER1tAL11127 MIRAMAR DRIVE ITEM BEFORE COMMISSION Request for sidewalk deferral along Miramar Drive far the property located at 112? Miramar Drive. BACKGRO[~ND This property will be a new single family residence located on the north side of Miramar Drive. There are currently no plans to install sidewalks along Miramar Drive. RECOMMENDATION Staff recommends approval. http:/Imiweb001lAgendaslBluesheet.aspx?ItemID=295&MeetingID=231 1/29/2010 Prepared By: RLT'ITR~~T T0: R. Brian Slmtt, Esq. City Attorney's {}lT'ice 20t? N.W. l st Avenue Delray Beach, Florida 3344 AGREEMENT FOR SIDEWALK IMPRUVEMEIYTS THIS AGI2EETvtENT entered into this day of 200_, between the City of Delray Beach {hereinafter the City) and Linda Kiley (hereinafter the Owners}, for the purpose of waiving the requirement of the installation of a sidewalk along 1127 Miramar Dr.. Delray Beach, FL 33183 until such time as the City requests the canstz•uction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3{C} requires the installation of a sidewalk, within the 1yliramar Dr. right-of--way irnznedz•ately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1,3{Ll}{1}{b}; and, WHEREAS, in order to provide confozznity along the street the City Camznissian voted to waive tl~e requirement far the installation of a sidewalk until such tune as the City requests the Owner construct the sidewalk. n C:IDocume~us crxxrlSettfngsicfftxxkelsteirr..SaUTNP~IIVTI.L~ILoclrl SettirrgstTern~txx•rxryltxtetnet F'ilest(J,LK3614sictex~•rrlk defertxrt cxgrxxt.c~oc • WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement far the installation of a sidewalk, at this time, far the property located at: 1127 Miramar Drive, Delray Beach, FL 334$3 ..- Le~al: THE UVILLIAMSON C3EIBEL SUB LT 1? PCN: i2-43-46-16-29-Ot}Q-Oi70 1. The Owner agrees to construct a sidewalk, at its sole cast and expense, along the Miramar Dr. right-af--way abutting the subject property, within a time period that is acceptable to the City, after being requested to da so by the City. The sidewalk, when canst~ucted, shall meet alt afthe current ordinances ofthe City of Delray Beach. 2. It is the intent of the parties that this Agreement shall i•un with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be ~' binding an the pasties legal representatives, heirs, successors and assigns, IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of 200 . ATTES'1': City Clerk Approved as to farm and sufficiency: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Mayor ~•VJaetttrrettts trnr! Settingsl~ffitaXelsteitt.SUUTNPCIINTLLCtLaC~/ SettrrtgstTerttpar•at~~ Itttet tact FileslOLJ~ 3b11ride~i=rrlk tlefei•t n! rrgtttt.doc WITNESSES: ,r' :mo't'"+'~_~~'' ._ {Please tyke or p>.•~n,~r~ame} (Please Type or print name} STATE OF ~IC.~"`tC~~..- 1 _.~, ~ ~ yl BEFC)IZE ME personally appeared. ~ ~vho [is] [are) personally known to ine or [has] [have] produced [and respectively] as identificakion, and cvho exec`u d the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this ~~~ day ofy~`~t}t~t~t. 20 1 M col mission ex Tres: ~ si y p ~' ~ c'../ afore r ~ ft ~ ~ Nokary Public i1~1tY P+++ DESE#2EE FINkCE.$T IN ash 4~`~=„ lVolary Publlc • Stato of flori6a :~=MyCornmisslanExpiresJon1,20i2 '`~ °~• Commissiat # DD 774244 `~r~iiti~~'' Bo~te47tuoughNaki4naiNOtayAssn. agt~side~~alk deferral agreement C C: tDvcrurtetrGS arrrl Settixgslt~ftrrkelstein.SCJU7HPOLrV7'LL~ILac~t SettirrgslTem~orcrr}~ I»ter rret Frleslt7LK3b1 tsidewtrlk rfeferint rrgmt.clac W hl ~ > n • Q C O ca v 0 J .~ i j~~~~0 1~^~ -} ~J. _# F~ Y ~ . ~ ,x.. i. ~ .. ~ i w~~,~ ,. a s~ ~a~ ~ _ _ {.`.~ U tti v m c~ a~ ~' ~~ 1 Y ~"'~~ „'~.,. n u MEMCfRANT}UM TO: Mayor and City Commissioners FRAM: Trade M. Lutchmansingh, P.E., Asst. City Engineer Richard C, Hasko, P.E., Environmental Services Director THRt~UGH: David T. Harden, City Manager DATE: January 27, 2010 Page 1 of 1 SUBJECT; AGENDA ITEM 8.C. -REGULAR CC?MMISSION MEETING ©F FEBRUARY Z 2Q10 HOLD HARMLESS AGREEMENT/AUBURN TRACE, LTDIVILLAGE AT DELRAY ITEM BEFORE COMMISSION Commission approval to execute a Hold Harmless Agreement with Auburn Trace, Ltd., to install a guardhouse within the boundaries of a 40-foot Utility Easement located at the entrance to the Village at Delray project. This property is located at 695 Auburn Avenue. BACKGROUND Due to the location of the entrance to the Village at Delray property and to faciliate vehicular traffic, the guardhouse will be placed on the southern edge of an existing 40-foot utility easement. The guardhouse or any portion of the guardhouse will be at least 10-feet away from any underground utilities. RECOMMENDATION Staff recommends approval. http:/lmiweb0011AgendaslBluesheet.aspx?ItemID=2992~MeetingID=231 1129!2010 Prepared try. IZE`I'.1JI~~t: Tt. t:3riau :Si}cytt, Esc. Gift' Attorney's Qfl`icc. 2t3t} iti1. W. t sI l1Ve~lue Delray Beach, FL X34.44 HQLD HARl~ILESS AGRI;ENICNT THIS HOLD' ~-IARIVILESS AGREEMENT, is entered: iutcz this day t~f 201 ~iy atld between the CITY OI+ I~ELIIAY IiIa1ACI-I, FLORiI).A, (Jzezei.naftec z`efez•a'ed to as "Cl`I'Y") and AIII3URN TRACE, LTD. (hereii~ailer referred to as "OVtjNI±~It"}. WITNESSETI-I: WHEIZEA~; OWNER owns property located. ai t95 Auburn ,4v..enue, Delray Beach, Florida, and 1}as r~uestcd CITY to ~lit~vv for flaeinstallatoti of a guardhouse in the piibiic riglit- of--ways azzd WHEREAS, (IWN>iR agI•ees to held CITY hnr.~tzless for ally daniagc which might be caused. to t]e gziazdlzotzse as a result. of nzaintez~ancc witlzii~ the ~ubiic z`ig~~°of-'~vay cir any action brought against the CITY as a result of :the .guardhouse iz~ the pufaie right-al=-way. NQ'VY, THGIH~FCIII:C, ftlr the ziutual eovelzazzts alzd n'Iatter`s-set forth hereizz, as of the date set faz~tli above, tlze-paz`ties hereby agree as 1'allows; I. The recitations set forth above are iltcorporated heteiz~. 2. OWNER is the c~wnel• of ~ro~erty described in Exhibit `°A"• U 3.:'. That OWNER wishes to install a guardhouse in the area, as shown t~Yt Exhibit "B", t'n the public right-of--way pursuant to the City of"Delray Bcach Code of Ordinances. Nci structure or any .portion of such structuue shad be wifliin l fl fleet cif the City's unc~ergrou~zd utilities. ~. OWNER acknowledges that the C1TY shall assume no responsibility or maintenance for the guardhouse anti any tnprovezrients thereto, which OWNER places within the public rghE-of way and that OVVN.ER shall be responsible for the upkeep and. maintenance of such guardhouse and associated improvements in the public right-of way in accordance wifl~ the Cade of C7rdinances of the C~'TY. 5. O'WNCR, in consideration. of the. mutual cove~iants set-forth llereln, al,~rees to defend, indemnify, and Bold 1~armle~s the -CITY, its agents, officers,. employees and servants from. any and all claims, suits, causes of action or any claim -whatsoever-made, .and dfunages, which may. result from the placement or existence of the .guardhouse and improvements in the .public right-of-way. +C}WNZiR further agrees.' to hold. the C1TY, its agents, ofcers,, cnuployees and servants hatxnless for anydamage to the guardhouse and associated improvements QWNER places.. within the public right-of--way.. It is understood that tiny cost for :replacement or repair of the. guardhouse and assciciatetiztnprovcinents shall be the OWNI+;lr2'S responsibility, and the CITY' will not be held liable for any damage to the guardhouse and associated improvements as a result ofany maintenance or construction within the public right-of',way by the Cl<TY. 6, The CITY may at any time and in its sole discretion:: ie+ques# that OWi~'ER remnVe the guardhouse front the public rigFit-of way and. OWNER.. agrees to narnedafely remote the guardhouse from the public right-of--way: 2 -~ 7. All xicctice regurei3 or allowed by this Agreement shall -be delivered in }aersccs7 or mailed tr3 the party at fhe following address: CI'T'Y: Environmental Services Direc#or City of Delray Beach 434,SOuth Swiritoii Avenue Delray`BeACh; Florida 33444 OWNER: AUBURN TRACE,-LTD. c% Michael Weiner & Associates, P.A. l ~ SE l st Avenue, Suite: C Delray Beach, Florida 33444 C7 C7 8. 'Chic. Agreement shall be binding on fhe. Parties, their respective heirs, successors, legal represeritat:ives, and permitted assigns and shall be recorded in the Public T~.ecords of Palen Beach County.and shallxun wi#h the land. 4. This Agreenienf shall. be governed lay and construed in accordance with the-laws of the State of Florida, Venue for any claim. or lawsuit arsinf; taut tcf`this Agreement shall be in Palen Beach. County. TN WITNESS WHEREOF, the parties hereto have entered into this agreeirient the day and year first written alcove. ATTEST: By: City Clerk Approved as to Form: By; City Attorney CITY aF I~}ELRR!-1YHEAGH, ~i~l~lia~ By: 3 ., ,~ AUBURN`TRACE, LTD., a Florida limited partnership By< .Auburn Trace 3oint Venture; a Florida: general partnership, its general partner WITNESSES: t (Print or Type Marne) ~--- , ,. ~, ~ (Paint orTypc Narrie) Byc Auburn- ItiJlanagement Inc,, a Florida corporation, its :general, partner By: homas G: ers, CE0 (SEAL,) STA'T'E OF /~~.- COi:1N`i'Y aF The foregoing instrument was acknowledged before me this ~r day of 20.] 0 by Thomas G. Hinners; of AUBI.JRN TRACE, LTD., a Florida .limited partnership n behalf of the partnership, He is personally- .known to me or Ijas produced (type cif idenliftcatiori) as iI3 Eifcaton and. di did not take an oath. ;~'~ i,gnatur of . of Publ'sc - State of ,~,/`.~c~: x°.•~n CAtdMESSi0R9RL1753~3I ,, ~~~EXC'iRESiJAN.29,2t~12 +`'jri~~ii~ `. 1WrW:Mft~NN{?3ARltcnm • a EXN181T "~4" ~~~L D~S~RI P~`~ t~N; TRACT C--1, VILLAGE :A:T DELRAY ACCORDING TU rNE PLAT TNEREt~F AS RECOROEQ IN PLAT :BOOK 1 ~:2, PAGES :35--~1, OF THE PUS~IC :RECORDS 4F' PALM BEACH CflUNT'l~, FLORIDA. SAID LANDS SITUATE DYING Af~D BEING IN fiNE CITY OF DEi~RAY BEACH, PALM BEACH CCIUNTY, FLC}RIDA. CONTAIh~ING ~ ~.~~ ACRES M(3RE CR LESS. C n ~1~ I~I~ ~~ ~ ~.~~ ~ ~~~ O ~ .~. _ ~ ~ ~' _ .._. y _ " D ~ . 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Evarz ` 1~ ~~~~ ~ ~ X ~ ~ ~• ~b ~:•` s ~ ~ v p,~` c ,.., r ~~ t ' \ ~a .~ . '~- fi r ~, y ,,fi .W..,-~ ~ I .t ~ y~ ,~ ^} 3~ _ ,. ~a'S ~~ .r ` vo ~~ ~_ ~ii~~,o ~-° o,o d. '~ i ~ ~ (V I~' \ i T "1.J ` 1 ~! ~~`t A~ W m G7 0 tV h~- N S~ Page l of 1 C 1VIEMQRANDLTM TO: Mayor and City Commissioners FROM: Randal L. I~.rejcarek, P.E., LEER AP, GISP, City Engineer Richard C. Haska, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 19, 2414 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION. MEETING OF FEBRUARY 2 2Q]0 ACCEPTANCE OF RIGHT OF WAY DEEDSICOMMUNITYRFDEVELOPMENT AGENCY (CRAl/ALLEYWAYS IN BLOCK ]9 AND 20 ITEM BEFORE COMMISSION This item is before the Commission to accept right-af--way dedications from the Community Redevelopment Agency (CRA} far alleyways in Blacks 19 and 24 as shown on the map of the Town of Linton. BACKGROUND The City and CRA are working together to improve the alleys in Blacks 19 and 24 as shown an the plat of the Tawn of Linton. Due to limitations along bath alleys the ultimate width of 24 feet cannot be acquired. The right-af--way to be dedicated in Block 19 will provide far the alley to be relocated to avoid a large FPL transmission pole, The alley dedication in Black 24 includes the entire 1'7 foot alley width. Black 24 was never platted and therefore the a11ey was never officially dedicated to the public for use as an a11ey. The CRA owns the property which will be dedicated. The CRA Board approved these dedications at their 14 Jan 2414 meeting. Attached are the deeds and a location map. RECOMMENDATION Staff recommends acceptance. C http://miweb441 /Agendasl$luesheet.aspx?ItemID=29b'7&MeetinglD=231 U2912414 Prepared by: RE'I'UEZN: lt. Brian Shutt, l~.sq. City Attt~rney's Office 200 N.Vd. 1st Avenue Delray Beach, Florida 33444 PIN # RIGHT-OF-WAY DEED THIS INDENTURE made this -day of February, 2010, between DELRAY BEACH COMlV1tU1VITY REDEVELOPMENT AGENCY, with a mailing address of 20 N. Swinton Avenue, Delray Beach FL 33444, as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, far and in consideration of the mutual promises herein contained and other good and valuable cansideration, daes hereby grant, remise, release, quit claim and Canvey unto the party of the secand part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the parry 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 purposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued ar abandoned as a public highway ar street, the title to same shall thereupon revert to and revert in the part'' of the first part ar assigns, except that the easement far public utility purposes shall remain until released. That this right-of--way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide far the release of any and all mortgages or liens encumbering this right-of--way. The party of the first part also agrees to erect na building ar effect any other kind of construction or improvements upon the above-described property. ~. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lav~riul claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of--way and that the same is unencumbered. Where the context of this Right-of--Way Deed allows or per~~nits, the same sha11 include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SA1~rIE, 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 first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. ` ed, seal and delivered epe n {Name printed or typed} PARTY OF THE FIRST PART (Name printed or t~Ted} / r / ~Sr rr t `t C~ ~l~G) l,,k- d (Name printed or typed} STATE OF ~t--a ~ ,~,~ COUNTY OF r°~~-~~~s .~ ~..~-c"/t ~ L~ fLf ~ :. T?r ,5. ~~.1 ~ ,?,7} nl ,~''L~ t' +4r Ga..L (Address) The foregoing instrument was acknowledged before me this I~`,~, day of tit' Aaa r~ t~-c , 2Q10, by N©~q,~,~,~ ~~u-~t' s who is personally known to me o hasr produced as identification. Signa of No#~#xy Public - ~`~;. a •~ , JEAN M40REHEt0 ''. Notary Public - S#ate a# Horida~ State of Florida ~ •= My Comm. Expires Jun 22.20!3 Commission N 00 864701 •''~•o~ ~ ~ ~~*•, 8onrlad Tnrougn National ko#uy Assn. n ;SKETCH & LEGAE DESCRIPTIE}N N~TEc 'MtS LEGAC CESGRiPT[dN sASEO ola O'6RtEN SKETCH THIS I S N {) T A ~~ ~ VE Y of SURVEY St1PP~lEfS 8Y GLIENT tFarra _____ '~~ti.., r 1Q ALLEY PER PLAT N.171;32 "10"W. 153. t1tJ ~ ~ ~. ~,,, 51.92 ~, ° ~,-~ ~ ~~ ~ --1~pfl' ~ELTA-9`2 ,51„ ~ ~ ~ L=16.54 !Qw S vy ~ °' V ~, ; `~ ~~ . ~~ LQTS 1 THRU 4 MEL VIN S BURD'S SU8 Nl/2 BLOCK 19 N. ~ ~ tt~ A vENUE S. t11 !7/}V RIbY{T A° 3YAY CtR.e A~FtLYAt f{£CAS'aS BOCJYI' R8, PLAT &'aaK PG PAG£ P.4C PANT A€ GCX/dtk1+1#'tlk'!Vi P.t1.6 'PLYNT Of BEpNxlNfi P.IJ.F PANT f7W' 7€I?6tMtt15 C/x. t~fN7t7t LINE fP.0.8. N l4! COR. LOT t MEL VIN S BURQ'S SUB Nlr/2 BLOCK 19 (BEARING BASE) N.89'18'54"~: 25. r7t? ~. ~i DE5CRlPTlL7N; A PARCEL OF LAND LYING IN LOTS f THRU 4" MEL VIN S BURD'S SUBD!{/ISION OF THE NORTH f/2 OF BLOCK f9 AS SHOWN QN THE MAP OF THE TOWN OF LlNTON, PLAT BOOK l1, PAGE ?3, PALM BEACH COUNTY RECORDS DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF SAID LOT f; THENCE N,89'18'S4"E A DISTANCE OF 25.010 FEET THENCE S:OI'32'10"E: A DISTANCE OF 5.D0 F£ET,~ THENCE S f3'4O'S6"4Y. A DISTANCE OF 82.15 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT WITH A RADIUS OF iO0,00 FEET WHICH BEARS 5:82'O3'f9"E.; THENCE RUN SOU7NW~'STERLY ALONG THE ARC OF OF SAID CURVE WITH A DELTA OF 928'51 "A DISTANCE OF f6.54 FEET TO A POINT OF TANGENCY THENCE S 01 `32'fO"E. A DISTANCE OF 51.92 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE 5,89'18'54"W. A DISTANCE OF 2.00 FEET TO THE SOUTHWEST CCIRNER OF SAID LOT 4; THENCE N.Ol'32'1O"W. ALONG THE WEST LINE OF SAID LOTS f THRU 4 A DISTANCE OF 153.00 FEET TO THE POINT OF BEGINNINGr Ct3NTAlfkIING 1 f 395 SQUARE FEET MORE OR LESS: NOTE; BEARINGS BASED ON CIVIL PLANS PROVIDED BY CITY BRUCE CARTER ~ ASSOCIATES, It~1C. SC~iRVEYflRS - PLANNEE~ 44~ S.E. 6TH AVE. {SOUT'H #'E#~ERA~. H#CHWAY} aE~RAY BEACH, F#r{3#'~#DA 334x3 PHO#~JE {5b#}-265-19#0 1 FAX {5b#}-2b5-#9i9 CITY QF DELRAY, B~,OCK 19 A~~EY ~.EGAL C~ESCRIPTIt}N r a7t~rt~t rs xar yAUv ass rr WARS Ax ~aNAL 3YGNAtURE ANO k~4laass~a SUR4'EYA4S BRUCE N cARt~'R { R£pSTER~ t,4Na St1RV£YU14 T~ Ar ttaxroA DATE 1(1-2~4-~~ DRAWS BY ~C F.B.' PG. NA SCAC.E NTS PAGE ~ {}F ~ n ~~ ..~~'' a ~W_ ~O W' Q.. <. ~~ /"~'~ C ~~~j ~i ~\~ {~ fi ~, ~~ L' ~~ i'~ Tom' rye ~~ ~~ ~~ ~~ ,~ N ~, 1~ `~.~[ '.1 `i ,~~ ~~~r: z ~~a v '---~- ~' : , ~.~ ,r -- s~ ~+~~ ~ ~ a'' ~ ~ 4VE '., ~.qM € w + ~ 1 ~ ~~~ ;~: _~~Qi ~ .Z R~, ~ ,K _ y M:-"~-r ,~~ j ~~ f.. .~ ~~' ~Vt~ .--....~ . .r w .v ----.~.r~~W -~ ~~ ' t p ~ ~; .' i T z -'rf ~.-. ~ ~ i( r ,~y < ~ ' ' x..~e _ G ,~ a r' r c- ~~~~~ ~~ ~ yYJ 4TH qVE "~~ _ '~~ _ ~: f ~~° .~ ~ ~9eE ~ ~~, ~' ~~~ r ~ M+ - ~Yr 5Tr!~AV~ rt,v ~ .._u._..» .- ~~ ~.~ r ~~ ~ b ~ ~ ~ ~ ~i' ~ ~ r ~ ' _ i ' r ~~ ~ ~ f F '~ a ~ p ; e ~ Y ~ f~R.h 1"~~ K~ ~ F ~ ~{ ~i ~ (a ~ ~ ~~ f r~ ~ ~ ~ ~ t(~ j '.' - . i *; ~ " ~ a ~ °~ I ~_ ~ a ~~~ ' ri`"v" p ~ I ~ ^^r~.-~_ ~ r = ;{T"'S~ '' ~ ._ .' rl J ~ uyj ~ ~ i -+~ ~~~ ~~~ ~`''~~ if [~. 7 ~'V .fir,:, ~: rv r,..~.......,.. ~ ~, ~H ~ ~ ~ '~ d,,{ k~ S. (~~(~ ~Q ~ N ~ s r ~~ ~ , t ip ~~ a~~ wit ~.5', }. ~"~(~ "NLh "'T-1 A4'E " -- " ?'" ._. _~ _ Q ~~ ~~/~~ ~V r~ Page 1 of 1 ~EMORANDITM TO: Mayor and City Commissioners PROM: Caralanne Kucmerawski, Construction Management Technician Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 21, 2414 SUBJECT: AGENDA ITEM B.E. -REGULAR COMMJSSIQN MEETING OF FEBRUARY 2 ZOlO CONTRACT CLOSEOUT~C.O.NO. 2iFINAL}JDOWNRITE ENGINEERING CORP. ITEM BEFORE C014~IMISSIC}N This item is before the Commission to approve a Contract Closeout {Change Order No. 21Final} in the net deduct amount of ($247,399.34} and final payment amount of $31,444.32 to Dawnrite Engineering Carp. far the completion of the Area 11A Reclaimed Water System (Contract 3}Project #2448-448.3. BACKGRflUNT1 The anginal project scope consisted of the construction of the reclaimed transmission and distribution system on the barrier island, from the east side of the Intracoastal Waterway at Lowry Street north to Beach Drive; and the installation of l 6", 14" and 6" PVC pipe throughout the residential neighborhood. Change Order Na. 1 consisted of the installation of a 6" PVC Water Main along Luke Lane which was not previously included in Contract 3 because Luke Lane is a very short street with two {2} empty lots. Subsequently, the owner of the lots requested to have reclaimed water available for these lots. The cost of $22,645.44 associated with Change Order Na. 1 was paid from the contract's Undefined Underground Allowance. Change Order No. 2 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 5(JURCE Residual funds to be liquidated from Purchase Order #659579 to funding account 441-5181-536-65.96 (WaterlSewer PundtOther ImprovementslReclaimed Water Transmission}. RECQ11rIlt=IENDATIQN Staff recommends approval of a Contract Closeout {Change Order Na. 2 /Final) in the net deduct amount of {$247,399.34} and final payment amount of $31,444.32 to Downnte Engineering Corp. for the completion of the Area 11A Reclaimed Water System {Contract 3}Project #2448-448.3. http:l/rniweb001JAgendasCBluesheet.aspx?IternID=2970&MeetingID=231 112912010 CITY t.IF ItELRAY BEACH CHAi'dGF, t}12DIaR T(J! CIRIGINAL CONTRACT CHANGE NO. 21Fina1(CantraM Closeout) PROJECT NO. 2ROt3-048.3 DATE: PROJECT TITLE: Arcs IlA Reclaimed Water System {Contract 3) TO CONTRACTOR: Ao~vnrite Engineering Corp. YOU ARE HEREBY REQUESTEb TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROTECT AND TO PERI:`ORM THE WORK. ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: SiJItrIMARY OF CO TRACT. AM.OUNTICHANGES ORIGINAL CONTRACT AMOUNT $1,1$9,051.25 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ ... .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,1$9,{}51,25 COST OF CONSTRUC'1'lON CHANGES THIS ORDER -$24,399.30 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER. $941,&51.95 PERCENT DECREASE THIS CHANGE ORDER 2{3,$0°l0 TOTAL PERCENT INCREASE TO DATE 20.$0°la CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, itl Iny considered opinion, accurate and that the prices quoted are fair and reasonable. Dowtrrite Engineering Corp. {Contractor to sign & seal} TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Complete ellanges to project per the attached Schedule "A" Funding is available from account: DEPARTI44ENT R.ECOMM END: FUNDING DELRAY BEACH, FLORIDA by Its City Lo111n1iSS1011 Environmental Services APPROVED: City Attonley By: Mayor ATTEST; By: City Clerk CERTIFIED BY 3:1EngAdmin~l'tojctts!2Q03120Q8-O~f8.7'AFr[CiAU,C02 Fsnal C~as~nri~e dr.a ttA GC OZt}2t0.dotx Page 1 of 2 n MEMO~~ANI)ITM TO: Mayor and City Commissioners FROM: Begona Krane, EIT Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 25, 2414 SUBJECT: AGENDA ITEM S.F. -REGULAR COMMISSION MEETING OF FEBRUARY 2 2010 INTERLOCAL AGREEMENT/PALM BEACH COUNTY/ART IN PUBLIC PLACES/TENNIS CENTER ITEM BEFQFtE CQMMISSION This agenda item is for Commission approval to contract for services from Palm Beach County's Art in Public Places program to manage the Delray Beach Tennis Center Public Art Project, in coordination with the City of Delray Beach staff and Public Art Advisory Board {PAAB}. The Delray Beach Tennis Center Public Art Project, with a budget of $144,444, was approved by Commission in July 2449. The total cost of this project, including administration is $144,444. BACKGROUND In July 2049 the Commission approved $104,444 for a public art project for the Delray Beach Tennis Center on W. Atlantic Avenue. All of the City's public art installations aim to advance our community's unique ambiance, strengthen Delray Beach as a tourist destination, increase our city's appeal as a place for new business relocation and heighten civic identity and pride. The Delray Beach Tennis Center project's call to artists (RFQ) seeks to create aide-specific art installation to draw pedestrian traffic along the highly visible Atlantic Avenue, west from Swinton Avenue. This project will further the City's cultural tourism goals and elevate the Tennis Center's visibility as part of the "gateway" to downtown Delray Beach. The public art project may include multiple components and incorporate more than one medium. This project will be installed on a stretch of City property adjacent to the sidewalk in front of the Tennis Center, located at 201 W. Atlantic Avenue. In the past, responses to the calls to artists that the PAAB has issued have been minimal and deemed insufficient to meet the needs of this high profile Delray Beach Tennis Center public art project. Therefore, Staff and the PAAB recommend setting aside $13,000 of the $140,004 project budget to contract with Palm Beach County to hire the County's Art in Public Places Administrator (Elayna Toby Singer) to act jointly with Staff and the PAAB in providing project administration services including writing the call to artists, determining submittal responsiveness, facilitating the artist I artwork selection process, administering the artist's contract including verifications for payment, providing oversight and quality control in the design development, fabrication and installation phases of the public art project, contract close-out, instructing http:l/miweb441 iAgendaslBluesheet.aspx?1temTD=2980c'~MeetinglD-231 112912414 Page 2 of 2 the PAAB during each step of the public art process and ribbon cutting event caardinatian. The Staff and PAAB advise that the high profile nature of this project requires project administration by a knowledgeable and experienced public art professional. The County's Public Art Administrator has successfully overseen multiple public art projects of a similar scale throughout Palm Beach County, Attached is a location map, and the Interlacal Agreement between Palm Beach County and the City of Delray Beach. FUNllING SOITRCE Funding is available from 115-1742-579-31.94. RECC?MMENT)ATION Staffrecammends approval. http:llmiweb441lAgendaslBluesheet.aspx?ItemID=2984&MeetinglD=231 1129/2414 C INTERLC}CAL AGREEMENT This INTERLOGAL AGREEMENT is made and entered into this day of 2010, by and between PALM BEACH Ct}uNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY" and the CITY C?F DELRAY BEACH, a political subdivision of the State of Florida, hereinafter referred to as the "CITY". WITNESSETH WHEREAS, Section 163.01, Florida Statutes authorizes local governmental units to make the most effective use of their resources by enabling them to cooperate with each other to provide services and organization that will accord best with geographic, economic, population and other factors influencing the needs and development of the community; and permits public agencies to enter into Interlocal Agreements to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; WHEREAS, the CITY has determined the need for the Delray Beach Tennis Center Public Art Project, hereinafter referred to as the "Project"; and WHEREAS, the CITY desires to contract for the services of the COUNTY to act jointly with its staff and Public Art Advisory Board (PAAB) in providing project administration services for the Project; and WHEREAS, the COUNTY is willing to provide the desired public art project administration, hereinafter referred to as the "Services» to the CITY, at the same cast as it provides these services to agencies under its jurisdiction. NOW THEREFORE, in consideration of the mutual promises made herein, the COUNTY and CITY agree as follows. 1. PURPOSE The purpose of this Agreement is to describe the project administration Services to be provided by the COUNTY to the CITY in conjunction with the procurement, design and construction of the Project. These services generally are described as those services which would be performed by the Owner's representativelstaff and are specifically described below. J 2. DEFINITIONS A. Art in Public Places A work unit within the Facilities Development & Operations Department of the Palm Beach County Board of County Commissioners charged with responsibility for the procurement, design and construction of public art projects within the jurisdiction of the COUNTY. B. Artist The professional to be engaged by the CITY to provide artist services through design and construction. C. Artist Contract The contract between the CITY and the Artist. D. Sub-Contractor The entity or entities which enter into a construction contract with the Artist. E. Project The Delray Beach Tennis Center Public Art Project. F. Services The administration of the Delray Beach Tennis Center Public Art Project. G. Project Manager Elayna Toby Singer and her staff at the COUNTY'S Facilities Development 8~ Operations DepartmentlArt in Public Places Program. H. Public Art Advisory Board {PAAB} City Commission appointed board that recommends, initiates and oversees public art projects, establishes the direction for selection of artwork; and advises the City Commission as to policies regarding visual arts. 3. BASIC SERVICES OF THE COUNTY A. General 1) The COUNTY shat! provide for the CITY Services beginning with scope development through design and ribbon cutting of the Project. The Project's phases are: Call to Artr`sts, Artist Selection, Contract Administration, Design, Fabrication, Installation, Close-Out, PAAB Training, and Ribbon Cutting. These services are generally described in this Section and more specifically described in Attachment A -Scope of Services. 2) The COUNTY shall assign the Art in Public Places Administrator of the Facilities Development ~ Operations Department as Project Manager. This Project Manager will be subject to the continuous approval of the ., CITY. In the event that the Project Manager is not satisfactory to the CITY, The CITY shall submit a request to the Director of the Facilities Development & Operations Department requesting the re-assignment of the Project Manager. 3) The COUNTY shall, by the terms of this Agreement, be an authorized representative of the CITY, and shall have the responsibilities and authorities on behalf of the CITY as specifically set forth in this Agreement. In such capacity, the COUNTY shall consult with the CITY prior to making decisions on all matters and the CITY and COUNTY shall jointly determine matters are of a nature and magnitude that approval by the CITY must be obtained prior to authorizing action. The COUNTY must consult with, and obtain the approval of the CITY with regard to the following matters; i} payments to the Artist, ii} changes to the Contract, iii) changes to the Project Scope, and iv} advertising. B. Call to Artist Phase Services 1 } The COUNTY shall meet with the CITY staff and PAAB to establish the Project's requirements and scope. 2} The COUNTY shall advise the CITY and PAAB on national public art Call to Artist standards and update the CITY's Call to Artist template accordingly. 3} The COUNTY shall act jointly with CITY staff and the PAAB to write the Project's Call to Artists document. 4} The COUNTY shall act jointly with CITY staff and the PAAB to distribute the Project's Call to Artists document to artists locally, statewide and nationally. 5) The COUNTY shall provide Project information to CITY for legal Notice and Press Releases. 6) The COUNTY shall respond to artist questions & answers regarding Call to Artists. C. Artist Selection Phase Services 1) The COUNTY shall act jointly with CITY staff and the PAAB to review Artist Submittals to determine their responsiveness. 2} The COUNTY shall act jointly with CITY staff and the PAAB to prepare Submittals & Score Sheets for Artist Shari List Selection. ~) The COUNTY shall act jointly with CITY staff and the PAAB to lead Short List Artist Selection Meeting, 4) The COUNTY shall act jointly with CITY staff and the PAAB to notify Artists regarding the Short list Selection resints 5} The COUNTY shall act jointly with CITY staff and the PAAB to coordinate and manage Pre-proposal Site Inspection. 6} The COUNTY shall act jointly with CITY staff and the PAAB to coordinate with Artists in preparation for the Finalist Selection Meeting. 7} The COUNTY shall act jointly with CITY staff and the PAAB to lead Finalist Selection Meeting. 8) The COUNTY shah act jointly with CITY staff and the PAAB to notify Artists re: Finalist Selection results 9} The COUNTY shall act jointly with CITY staff and the PAAB to assist Artists regarding invoices to City for Finalist Selection Presentation Honorarium. D. Contract Administration Phase Services 1 } The COUNTY shall advise CITY regarding national contract standards for Public Art construction. 2} The COUNTY shall coordinate with CITY Attorney to revise CITY°s Contract for Artist Services to meet national standards, while maintaining CITY contract requirements. 3) The COUNTY shall review and recommend Artist's progress payment applications. 4} The COUNTY shall work with Artist to procure Final Project Documentation. 5} The COUNTY shall assist artists in preparation of Contract Exhibits: - Artist Proposal - Schedule of Values {Project Budget} - Construction Schedule ~J - Subcontractors - Proposed Materials - Design Review & Nfilestones - Final Release - Warranty of Title - Curatorial and Maintenance Documentation E. Design Phase Services 1) The COUNTY shad act jointly with CITY staff and the PAAB to coordinate and manage design team meetings. 2} Based on the Project program requirements, the COUNTY shall act jointly with CITY staff and the PAAB to monitor Artist's design development. ~} The COUNTY shall act jointly with CITY staff and the PAAB to review and approve Artist's design documents. 4) The COUNTY shall act jointly with CITY staff and the PAAB to provide design recommendations to Artist. 5} The COUNTY shall act jointly with CITY staff and the PAAB to review and approve Artist's sample materials, methods, etc. 6) The COUNTY shall act jointly with CITY staff and the PAAB to review and approve Artist's construction documents. 7) The COUNTY shall act jointly with CITY staff and the PAAB to review and approve Artist's structural and electrical engineering documents. 8) The COUNTY shall act jointly with CITY staff and the PAAB to Assist Artist regarding the permit application process. 9} The COUNTY shall act jointly with CITY staff and the PAAB to obtain any necessary site plan approval and mor~itor permit status. 14} The COUNTY shall act jointly with CITY staff and the PAAB to monitor Project budget. 11 } The COUNTY shall act jointly with CITY staff and the PAAB to manitar the schedule. F. Fabrication Phase Services • 1} The COUNTY shall coordinate with the CITY regarding fabrication phases. 2} The COUNTY shall oversee fabrication of the Project. 3) The COUNTY shall keep and monitor Artist schedule. 4} The COUNTY shall monitor project budget. C. Installation Phase Services 1) The COUNTY shall conduct site visits. ~} The COUNTY shall act jointly with CITY staff and the PAAB to verify completion of work. 3} The COUNTY shall act jointly with CITY staff and the PAAB to oversee installation of Project H. Closeout Phase Services 1 } The COUNTY shall act jointly with CITY staff and the PAAB to conduct a final inspection of completed project. 2} The COUNTY shall assist Artist in providing warranties, as-built and Project completion documents. 3} The COUNTY shall provide all Project documentation and photography to the CITY. I. PAAB Training Phase 1}The COUNTY shall instruct PAAB regarding the public art process as the Project progresses through each phase. J. Ribbon Cutting Phase 1} The COUNTY shall facilitate coordination between CITY staff, the PAAB and Artist far the ribbon cutting event. K. Additional Services The fallowing are additional services which may be performed by the COUNTY when authorized by written amendment to this Agreement. C ~~ 1} In the event that the CITY approves a change in the scope of work or duration of the design and construction contracts, after execution, respectively; the GOUNTY shall be entitled to additional compensation. Notice of a request far additional campensatian shall be given in writing to the GITY within twenty {20) days of the event giving rise to such request, 4. RESPONSIBILI~fIES OF THE CITY A. The CITY Engineer or his/her designee shall act on behalf of the GITY with respect to rendering decisions, approval {either approving ar securing CITY approval} and processing accounting approvals, and to act as the point of contact for the COUNTY's Project Manager. This employee shall be known as the CITY's Representative. B. The GITY shall retain the Artist{s) whose services and duties and responsibilities shall be described in the Artist Contract. The services, duties and responsibilities shall be consistent with the terms of this Agreement. The GITY will in its Artist Gontract require that the Artist perform its service in cooperation with the GOUNTY, consistent with this Agreement and in accordance with the planning and scheduling requirements of the Project as determined by the GITY. • C. The CITY shall be responsible for the funding of this Agreement as well as all procurements required to complete the Project. D. The GITY shall approve an initial budget and any subsequent revisions to the Project budget. E. The GITY's Representative and Consultants will communicate only to the Gantractar{s} through the COUNTY and the COUNTY will advise the CITY as to all communications with the Artist and Subcontractors. F. During the canstructian phase, the CITY will require that the Artist submit all notices and communications relating to the Project directly to the COUNTY with copies to the CITY. G. Notwithstanding anything contained in this Agreement to the contrary, the GITY shall retain the authority to override advice provided by the COUNTY ar to directly communicate with ar issue direction to any party including the Artist ar Sub-Gantractors. In the event that the GITY directly communicates with or issues directions to any of the foregoing, the CITY is obligated to inform the COUNTY, in writing, of any such direction or communication within two {2) days of such occurrence. ~~ H. The CITY shall establish a procedure far the approval of changes to the Artist Contract which ensures timely review and approval of changes deemed appropriate and advise the COUNTY of the procedures prior to execution of the Artist Contract. I. The CITY will directly pay for any out-of-pocket costs such as reproduction costs, fees, advertising, etc. The COUNTY will provide sufficient notice to the CITY of the need far such items so that the CITY can procure same through the most effective procurement method. 5. PAYMENTS TO THE COUNTY A. For all public art project management services provided by the COUNTY, the CITY shall pay the COUNTY in an amount Not-to-Exceed $13,000 for actual hours worked at the hourly rates identified in Attachment B. The COUNTY will bill the CITY on a monthly basis. B. Far any additional services which may be authorized by the CITY, the COUNTY will be compensated based on the hourly rates identified in Attachment B -Hourly Rates or in the lump sum amount agreed upon in the amendment to the Agreement which authorizes those services. The Amendment will be executed prior to the performance of additional services by the COUNTY. The COUNTY shall proceed to perform such additional or extended services only after written notice directing the COUNTY to proceed. C. The COUNTY shall submit to the CITY an invoice for any service performed within 60 days of providing such service. The CITY shall make payment directly to the COUNTY within 30 days after receipt and approval by the CITY. 6. ~IABIUTY The Parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. The CITY agrees that the COUNTY is not making any claims as to Project Manager's qualifications but has agreed to work with Project ManagerlCOUNTY based on the CITY's awn assessment of Project Manager's qualifications far the scope of the project as outlined in this Agreement. The CITY waives any and all claims against COUNTY regarding Project Manager's qualifications. 7. TERM OF AGREEMENT The total duration of Services under this Agreement shall commence with the execution of this Agreement and shall continue through 30 days after final acceptance of the Project by the CITY, ar by December 31, 2010, whichever comes first. This Agreement can be extended by mutual agreement of terms and fees. The COUNTY's services will be provided in phases, as follows: Call to Artists, Artist Selection, Contract Administration, Design, Fabrication, Installation, Close- out, PAAB Training and Ribbon Cutting. Such phases are generally sequential in time, however, they may overlap each other. The program management services to be performed during each phase are those set out in Attachment A -Scope of Services, and shall be performed in accordance with the terms and provisions of this Agreement. 8. AMENDMENTS TO THIS AGREEMENT This Agreement may be amended from time to time by written amendment by both porkies. The Director of Facilities Development & Operations shall have ability to execute additional services amendments to this Agreement on behalf of the Board of County Commissioners pursuant to the same hourly fees described in Attachment B -Hourly Rates. 9. TERMINATION This Agreement may be terminated by the CITY at any time with 30 day notice pursuant to the COUNTY. After COUNTY receipt of the notice, the COUNTY will immediately stop work pursuant to this Agreement. At the end of the 30 day period, the CITY will pay the COUNTY all fees due to the COUNTY and the COUNTY shall turn over all documents relating to the Project at no cost to the CITY. This Agreement may be terminated by the COUNTY for any reason with 120 day Notice to the CITY. The COUNTY may also terminate the Agreement with 30 day Notice in the event the CITY suspends work on the Project for a period greater than 60 days. In the event that the Agreement is terminated by the COUNTY, the COUNTY shall transmit all Project files to the CITY by the end of the Notice period. 10. NOTICES Any written notice given pursuant to the terms of the Agreement shall be in writing and done by Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date of receipt, as evidenced by the Return Receipt. All notices shall be addressed to the fiollowing: As to the COUNTY: Director, Facilities Development & Operations 2633 Vista Parkway West Palm Beach, FL 33411 With copy ta: County Administrator 301 N. Clive Ave., Suite 1101 West Palm Beach, FL 33402 As to the CITY: City Engineer 434 S Swinton Ave Delray Beach, FL 33444 With copy ta: City Manager 100 NW 1st Avenue Delray Beach, FL 33444 11. APPLICABLE LAWIENFCRCEMENT CCSTS This Agreement shall be governed by the laws of the State of Flai°ida. In the event of any action, suit, ar proceeding is commenced with respect to the interpretation ar enforcement of this Agreement, such actian shall be brought in Palm Beach County with each party in such actian, suit, ar praceeding shall be responsible far its awn casts, expenses and fees including without limitation, attorney's fees, incurred by such party in connection therewith. 12. DELEGATIC}N C3F DUTY Nothing contained herein shall be deemed a delegation of the Constitutional or Statutory duties of any party. 13. ENTIRETY C}F CC}NTRACT The COUNTY and the CITY agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. Signatures next page. n IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on thie day and year first written above. ATTEST: By: Facilities Dev. & Ops. Fiscal Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney ATTEST: By: City Clerk APPROVED AS TO -FORM AND LEGAL SUFFICIENCY By: City Attorney PALM BEACH COUNTY, FLORIDA By: Dir. Facilities Development & Operations CITY OF DELRAY BEACH, FLORIDA By: Nelson S. McDuffie, Mayor U C C ATTACHMENT A Scope of Services * Denotes approximate haurs assigned to each phase of the Project far this agreement which are less than actual haurs preformed by County Art in Public Places Administer far the City per project phase. CALt_ TCJ ARTISTS a roxirnatel 30 haurs* Develo Delra Beach Tennis Center Public Art Pra'ect Sco a ~I Advise Cit on national Call to Artist standards U date Ci 's Call to Artist tem late Write Call to Artists document far Delra Beach Tennis Center Public Art Pra~ect Receive Cit a raval of Call to Artist document before distribution Distribute Call to Artists document locall ,statewide and nationall to ublic artists Provide Pra'ect information to Cit for Le al Notice /Press Releases Res and to Artist Q&A re ardin Call to Artists ARTIST SELECTIC)N a rax. 60 haurs* Review Artist Submittals: Determine Res onsive /Non-Res onsive Pre are Submittals 8~ Score Sheets far Artist Short List Selection Lead Short List Artist Selection Meetin Nati Artists re: Short List Selection Results Coordinate and Mana a Pre- ra osal Site Ins ection Artist Coordination re: Finalist Selection Meetin Lead Finalist Selection Meetin Nati Artists re: Finalist Selection Results Assist Artists re: invoice to Cit far Finalist Selection Presentation Honorarium CC}NTRACT ADMINISTRATIt}N a rax. 20 hours* Advise Ci re: national contract standards far Public Art construction ro'ects Review and Recommend Pro ress Pa meat A licatians Work with Artist to roeure Final Pra'eet Documentation Receive Ci a naval of Pa ment A licatians Assist Artists in preparation of Contract Exhibits: - Artist Proposal - Schedule of Values (Project Budget) - Construction Schedule - Subcontractors U ~~ - Proposed Materials - Design Review & Milestones - Final Release - Warranty of Title - Curatorial and Maintenance Documentation DESIGN (a rox. 35 hours* Coordinate and Mana a Deli n Team Meetin s Monitor Artist's Desi n Develo meat Receive Ci a royal on Artist desi n milestones, materials & documentation ReviewlA rove Artist's Desi n documents Provide Desi n Recornmendations Review/A rove Artist's sam le materials, methods, etc. ReviewlA rove Artist's Construction Documents ReviewlA rove Artist's Structural/Electrical En ineerin documents Assist Artist re: Permit A lication Process Monitor Permit Status Monitor Pro`ect Brad et Monitor schedule FABRICATION a rox. 2Q hours* Coordination with Ci Monitor Artist schedule Fabrication Oversi ht Monitor Pro`ect Bud et Receive Cit a royal on art fabrication INSTA~LA"PION a rox. 20 hours* Site visits Veri work cam fete Installation Oversi ht Receive Ci a royal on art installation CLOSE-OUT a rox. 8 hours* Final Com letion Ins ection Assist Artist to rovide Warranties, As-Built and Pro'ect Com letion documents Provide all Pra"ect documentation and hoto rah to Cit Receive Ci a royal on Close-out documentation n n C PAAB TRAINING a rox. 4 hours* Instruct PAAB re: the Public Art Process as the Project progresses through each hase RIBBON CUTTING EVENT a rox. 3 hours* Coordinate with Artist and Ci r~ n ATTACHMENT B Hourly Rates Position Hourly Rate Art in Public Places Adminis#ra#4r $65.Q0 f~..I Page 1 of 1 ., C MEMURANI~UM TO: Mayor and City Commissioners FRAM: Linda Karch, Director of Parks and Recreation THROUCxH: David Harden, City Manager DATE: January 28, 2010 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF FEBRUARY 2, 2010 SPECIAL EVENT REOUESTIEAST END VOLLEYBALLIANNUAL BEACH VOLLEYBALL TOURNAMENT ITEM BEFORE COMMISSION Approve a special event request far East End Volleyball to hold an annual volleyball tournament on the beach adjacent to Anchor Park on Saturday, March 20, 2010 from 9:00 a.m.-5:00 p,m,, and Sunday, March 21, 2010 from 9:00 a,m.-3;00 p.m. BACKGROUND East End Volleyball has had successful volleyball tournaments on our beach for the past several years. The tournament will be for men, women and coed doubles teams held on 20 courts. Tournament set up will be on Friday, March 19th and broken down Sunday March 21st. There will be nine sponsors at the event requesting signage 30" high by 8' long to be located on the beach. Some of the signs will be hung up on the six 10' x 10' canopies around center court. Players will be charged a $5 parking fee if they use the Anchor Park parking lot which will be overseen by the Ocean Rescue. East End Volleyball will donate $1,000 to the Ocean Lifeguard competition fund. RECOMMENDATION Parks and Recreation recommends approval for this annual volleball special. event. http:llmiweb041lAgendaslBluesheet.aspx?ItemID=3003&MeetingID=231 l 129/2010 ., n 639-728-Q397 eevb~a}i-2at?Q.com Fax: 639-728-6978' www.eevb.net Linda Karch Parks and Recreation Qepartment 50 NW 1st Ave. ©elray Beach FL 33444 January 17, X010 dear Ms, Karch, East End Volleyball would like to request permission to bald our annual beach volleyball tournament at Delray Beach on Saturday & Sunday, March 20-21, 2010 as arranged with Bab Taylor. Here are the details far the volleyball tournament: 1, The requested site is the beach just south of the S-5 Lifeguard Tower. 2. EEVB staff will clean up the beach during and at the conclusion of the tournament. 3. We da not need access to the beach ar overnight parking for any vehicles. 4. Players will be charged a $5 parking fee if they use the Anchor Park parking lot. The parking will be overseen by Qcean Rescue 5. The tournament will be for men, women and coed doubles teams held an 20 courts {or as many as we can fit into the allotted area}. 6. Tournament set up will bean Friday, March 19 and broken dawn Sunday March 21. 7. The following companies will sponsor the event a. AVP b. Wilson Sporting Goods c. Native Eyewear d. Venus Swimwear e. 4C Totally Light 2Go f. Park & Sun Sports g. Sarasota CVB h. Bally's Casino, Atlantic pity i. Rider Sandals All of these sponsors will have some signs at the event. The signs will mostly be 30" high by ~` long with a PVC pipe frame. They will be hammered into the sand and also serve as ball stops between the courts. Same of the signs will be hung upon the six 10' x 10 canopies around center court. EEVB will donate $1,000 to C3cean Rescue in exchange far using the beach. Please feel free to contact me if you have any other questions ar need any additional information. Sincerely, ~~~. .. Richard Heiles .~ ., 11~IEMCIRANT}UM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City AttorneylPolice Legal Advisor Tl-IROUGH: City Attorney DATE: January 25, 20101 Page 1 of 1 SUBJECT: AGENDA ITEM 8 H -REGULAR COMMISSION MEETING OF FEBRUARY 2 2010 MEMORANDUM OF UNDERSTANi7-ING/PALM BEACH COUNTYIMULTI-AGENCY TASK FORCE ITEM BEFQRE COMMISSIC}N This is a Memorandum of Understanding between Palm Beach County Sheriffs Office and the Delray Beach Police Department. BACKGRQUND This Memorandum of Understanding authorizes our participation in an inter-agency task force to address narcotics activity in Palm Beach County with Palm Beach County Law Enforcement Agencies since much of the narcotic activity crosses the jurisidictional lines. The Delray Beach Police Department will supply one officer to the task force. RECOMMENDATION The City Attorney's Office recommends approval. http:llmiweb401lAgendaslBluesheet.aspx?ItemID=297&MeetinglD=231 112912014 MEMORANDUM OF UNDERSTANDING MULTI-AGENCY LAW ENFORCEMENT TASK FORCE NARCOTICS INVESTIGATIONS WITNESSETH WHEREAS, Palm Beach County Law Enforcement Agencies have entered into a combined mutual aid agreement for law enforcement services that is in full force and effect; and WHEREAS, the participating Palm Beach County Law Enforcement Agencies which have signed this MOU have the authority under the combined mutual aid agreement to enter into this Memorandum of Understanding pursuant to Section ll {Provisions for Voluntary Cooperation} of said mutual aid agreement, herein incorporated by and referenced as Exhibi# A; and Y~ItHEREAS, the participating Law Enforcement Agencies have identified a need to establish amulti-agency task farce to address narcotics acctivvity within Palm Beach County. NOW, THEREFORE, 8E IT KNOWN that the participating Law Enforcement Agencies agree to enter into this Memorandum of Understanding in consideration of mutual interests and understandings expressed herein, and the parties agree as faNows: SECTION 1 r AUTHORITY 1.1. This Memorandum of Understanding is established pursuant to the specific authority in Section II {Provisions for Voluntary Cooperation} of the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement, authorizing the establishment of inter-agency task forces. See Exhibit A. 1.2. The establishment of this Memorandum of Understanding does not in any way alter or modify the provisions of the existing Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Akl Agreement, which sets forth the powers, privileges, immunities and liabilities of the participating Palm Beach County law enfarcemeryt agencies. 1.3. The law enforcement officers assigned by the participating Law Enforcement Agencies to this task force will be empowered to take any and all law enforcement action necessary in the investigation, apprehension, and arrest of individuals while involved in task force narcotics investigations in furtherance of this Agreement. SECTION 2: SCOPE OF AGREEMENT 2.1 Each of the participating Law Enforcement Agencies may render law enforcement assistance to the other far the purposes of jointly addressing narcotics activity within, befi+veen, and through unincorporated Palm Beach County and those municipalities in which a participating agency has jurisdiction and provides law enforcement services, In rendering law enforcement assistance, the participating Law Enforcement Agencies will assign law enforcement officers to the task force in a joint effort to addr~:ss narcotics activity. 2.2 A Mufti-Ac„~ncy Task Force Board of Advisors wi11 be established, made up of the Sheriff ar his designee, and each participating agency's Chief of Police or Command Staff designee. The Board of Advisors will be responsible for establishing the command structure far the task force, determining investigative and tactical operation protocols, and adopting a unified comprehensive policy and procedure to implement the purposes set forth in this MC?U. Each participating agency will have one vote on matters put before the Board and requiring a vote. 2.3 Each participating agency agrees to famish necessary personnel, vehicles and equipment, resources and facilities and to render assistance to each other party to the MQU as set forth herein; provided, however, that na party shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in famishing such mutual aid . 2.4 The participating agencies agree to adhere to the Palm Beach County Sheriff's Office General Order x22.00 . {Critical Incident Investigations), which is herein incorporated by reference as Exhib# B, if a member of a participating law enfarcemerrt agency is involved in a "critical incident", as defined in that General Qrder, while rendering law enforcement assistance as set forth in this Agreement, The participating agencies further agree that if one of their law enforcement officers is involved in such a critical incident, the "involved" or "witness" officer will remain at the scene of the critical incident and comply with Palm Beach Gaunty Sheriff's C}ffice General Order 522.00. SECTION 3: FORFEITURE 3.1 The Palm Beach County Sheriff's Office wit! initiate forfeiture proceedings related to property seized by the task force in the course of the multi-agency narcotics investigations conducted pursuant to this MOU. The Sheriff will allocate, after deduction of administrative expenses and legal fees, an equal share of the currency forfeited or of the proceeds of the forfeiture to each participating agency that assigns ,full-time officer to this task force, and a cne-half {1/2j share to each participating agency that assigns an officer part time to this task farce. Each participating agency may request information from the Sheriff regarding the seized assets which are subject to apportionment under this MOU, and information regarding any related forfeiture proceedings. 2 . , y SECTION 4: EFFECTIVE DATE 4.'1 This Memorandum of Understanding shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect for a one year period unless terminated prior thereto by all of the parties herein. ,Any individual agency may cancel their participation in this task force and terminate this agreement as to their agency upon thirty {30} days written notice to the other participating agencies. This Agreement will be automatically renewed for consecutive one year periods as to the participating agencies that have not provided a notice of termination as set forth herein. IN V1~ITNESS WHERiEOF, the agenaes hereto cause these presents to be signed on the date specified, SHERIFF OF PALM BEACH COUNTY, FLORIDA Ric L. Bradshaw Date CITY C-l;. FLORIDA Nelson S. McDuffie, Mayor. CITY CLERIC, CITY QF DELRAY BEACH Chevelle Nubin City Clerk • 3 DELRAY BEACH.„PCILICE DEPT. Anthony W. Strianese Chief of Police Approved as to legal sufficiency By: Catherine M. Kozol Asst. City Attorney Page 1 of 1 ~ ..J U MEMtJRANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozo1, Asst. City AttorneylPolice Legal Advisor THROUGH: City Attorney DATE: January 28, 2010 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF FEBRUARY 2 2010 INDEPENDENT CONTRACTOR AGREEMENTlROBERT BRAND ITEM BEFORE COMMISSION This is an Independent Contractor Agreement between The City of Delray Beach and Robert Brand. BACKGROUND This is an agreement between Robert Brand, an independent contractor, and the City of Delray Beach to provide services to the Police Department to conduct background investigations for prospective candidates for police officer and non-sworn police employment. This position will relieve overburdened detectives of the responsibility of conducting additional background investigations. As an independent contractor, Mr. Brand will not be entitled to participate in any pension plans or other benefits provided by the City. Mr. Brand will be paid $30.00 per hazer by the Delray Beach Police Department. The tatal cost of the services to be rendered is expected to be approximately $20,000.00. FUNDING SOURCE Funding is available from 001-2111-521-13.10 (General Fund: Other Salaries-Wages-Parttime), RECOMMENDATION The City Attorney's Office recommends approval. http:Ilmiweb001lAgendastBluesheet.aspx?ItemID=3008&MeetinglD=231 1I29f2010 INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT made and entered rota this day of February, 2090, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as the "City" and ROBERT BRAND, hereinafter referred to as "Contractor". WITNESSETH: WHEREAS, the parties desire to enter into an agreement to provide services to the City; and, WHEREAS, the Contractor has prior experience providing services required by this agreement; and, WHEREAS, the parties desire the Gontractor to act as an Independent Gontractor and WHEREAS, the parties understand that the City shall have no right to control the manner, method or details of the work; and, WHEREAS, the parties understand that the Contractor, as an independent contractor, will control the hours of work necessary to perform the services set forth herein; and, WHEREAS, the City may provide an office far the use of the Contractor only while the Contractor is performing services on-site, but that the primary location for the conduct of Contractor's business will be as determined by the Contractor and will not be Located on any premises owned by the City; and, ., .~ WHEREAS, the City will provide all supplies necessary to provide the services contained herein, as determined by the City; and, WHEREAS, the Contractor is engaged #o perform the specific tasks contained in Exhibit "A" hereto, bu# shall not undertake the general functions or management associated with the work in the City of Delray Beach Police Department. NOW, THEREFORE, in consideration of the covenants set forth herein, the parties agree as follows: 1. Recitals. That recitals set forth above are hereby incorporated, as if fully set forth herein. 2. The Contractor shall perform aLl services with the highest level of professional skill and competence and shall complete all services in an efficient and timely manner. 3. Duties. Contractor's duties are as follows: a.) Contractor shall provide services as to the City as set forth in Exhibit "A". b.) Additional services may be agreed upon, in writing, from time to time. 4. Term. This agreement shall commence upon the date of execution of the agreement and shall expire upon the completion of the services provided for herein, or one year from the date of execution of the agreement whichever comes first. This agreemen# may be renewed on an annual basis upon the consent of both parties. This agreement may be terminated by either party by giving thirty (30) days written notice to the other, 2 5. CQmaensation. During the term of this agreement. the Contractor shall be paid $30.00 per hour, payable upon Contractors submission of an invoice to the City. If the agreement is tem~inated, the City shall only be responsible to compensate Contractor for fees billed up to the date of temnination. The City will pay Contractor for car mileage per the City policy. The City will also pay all travel expenses and a per diem meal allowance, in accordance with City policy, for alt overnight travel, provided an estimate of the cost has been provided to the City in advance of incurring such cost and such cost has been approved. Further, regarding overnight travel, the parties shall agree upon the hours to be charged by Contractor prior to the travel, and Contractor shall first get the consent of the City prior to incurring any expense in excess of the agreed upon amount. fi. Relationship of the Parties. The parties intend that the Contractor, in performing services specified in this agreement, shall act as an independent contractor and shall not be deemed an agent, legal representative, joint venturer, partner, employee or servant of the City of Delray Beach for any purpose. Contractor shall have sale control of the work and the manner which it is performed. Contractor shall be free to ccmtract for similar services to be performed for other entities or persons while under contract with the City. Contractor is not entitled to participate in any pension plans or other benefits provided by the City. 7. Compliance with Law. Contractor shall comply with all applicable laws, rules and regulations, including, but not limited to applicable worke:'s compensation, employer liability, Fair Labor Standards Act, and other federal, state, county and municipal laws, ordinances, rules and regulatrons, as may be applicable. 3 8. Taxes. Contractor shall be res ansible for all federal, state or local taxes P of any kind which Contractor now or hereafter shall be liable for or required to pay either on its own behalf on behalf of his employees or on behalf of the City or otherwise, and shall pay all penalties and interest thereon. 9. Assionment This agreement is a personal service contract. An assignment of this agreement by Contractor without the written consent of the City is void. 1t}, Indemnification. Contractor shall indemnify, defend and save the City, its officers, employees and agents hamnless from any and all taxes, penalties and interest, that is claimed to be due, and claims, liability, and causes of action arising out of the willful, intentional or negligent performance of the duties covered by this agreement by Contractor or his officers, agents or employees, and Contractor shall pay all claims and losses in connection with the performance of this contract, including taxes, interest and penalties including, but not limited to, all costs, judgments and attorney's fees at the trial or appellate levels. 19. Insurance. Contractor shall at his own expense, provide forms of insurance and amounts of insurance. as may be required by the Risk Manager for the City. '12. Notices. All natives shall be effective when mailed at the following addresses: Robert Brand Address privileged 4 Ci of Detra Beach ~ Y David Harden, City Manager 100 N.V1t. 1st Avenue Delray Beach, FL 3444 13. Governing, Law; Venue. This agreement shall. be governed by the Caws cif the State of Florida and venue shall tie in Palm Beach County, Florida. 1~4. Non-l~iseriminatiion. Contractor snail not discriminate on the basis of age, religion,, race, sex, marital status,. or handicap. in the performance of this Agreement. 15. Non-Exclusive. The provision of the services provided for herein is non- exclusive. The City may retain additional entities or persons to per€orrn the same or similar work, if in its sole discretion the City desires to dry so. 1fi. En#ire Agre+~rrtenfi; Modificaticans. This agreement constitutes the entire agreement between the parties, and supersedes all previous 'discussions or previous writings between the .parties. No waiver, alteration, or modifcation of any of the provisions of Phis agreement shall be binding, unless. in writing and duly executed by-the parties. A7"I"EST: city Clerk CITY C}F DI i.FtAY BEACH, FLC31~IE7A By: Nelson S. McDuffie, Mayor n WITNESSES: ~7ype ar Print Name) {Type or Print Name} Ct'}NTRACTtJR ROBEf~T BRAIVCI (Type or F'~int Name} :7 . EXHIBIT "A" GENERAL DESCRIPTION: Conduct thorough investigations into the backgrounds of prospective candidates for police officer and non-sworn police employment. Research, compile and organize data, investigate discrepancies and/or questionable information to be presented to the Chief of Police. Work is performed under the general supervision of the Training Unit Sergeant. MAJOR RESP4NSIBLITIES: Interview applicants to obtain information regarding their work history, education, skills, etc., as required. Conduct comprehensive pre-employment background investigation in accordance with the guidelines established by the Florida Department of Law Enforcement to include an- site interview as necessary. Compose, edit and compile investigative reports, memorandums and other documentation related to background investigations. Review the application. Gonduct personal interviews. Gomplete neighborhood checks. Gontact previous employment of applicant. Conduct a criminal records check. Conduct a driver's license check. Verify all documents provided (citizenship, military, etc}. Verify personal references and educational background. Conduct a credit check. C, .;~ MEMtJ~-.ANIJI.TM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 26, 2414 Page 1 of 1 SUBJECT: AGENDA ITEM S.J. -REGULAR COMMISSION MEETING OF FEBRUARY 2, 2010 FY 2010 PROPOSED PERFORMANCE MEASURESlGOLF COURSES AND TENNIS FACILITIES ITEM BEFORE COMMISSION City Commission is requested to review and approve performance measures proposed for FY14 for the Municipal Golf Course, Lakeview Golf Course and the Tennis Facilities. BACKGROUND Attached are proposed performance measures for FY10 for the Municipal Golf Course, Lakeview Golf Course and the Tennis Facilities, The attachment includes both the proposed measures and point assignments for FY14 as well as actual data for FY49. We have again included a bonus point provision for tasks completed that exceed contract expectations, such as clean up after a hurricane. As indicated in the past, our band counsel has advised that if we used net profit as a measure, we could lose the tax free status of the bonds. Per our agreement dated August 15, 2408, paragraph 9, JCD Sports Group is eligible for up to a 15°10 bonus of the base payment per year based on approved performance measures. RECOMMENDATION Staff recommends approval of proposed performance measures for FY14 for the Municipal Golf Course, Lakeview Golf Course and the Tennis Facilities. n http://miweb441/Agendas/Bluesheet.aspx?ItemID=2986&MeetingID=231 1 /29/2414 ~~ .~ d m .~ .K( 67 IU ~ ~ ~ t4 ~ } Q H L ~ 1~ G C tr O ~ C c c LL a N .G1 C {CO ~ > ,~; ~ df ('S v • N ~ F~"' ~.. ~ ~ r ~ w ~ • ~ ~ ~ ~ ~ ~ ~ LL "~'' C3 .`~` G zs ~ ~ ~ GI {~ n LL Gl O tL ri 0 (~'~ o u~ r o r ~n T v7 a r 0o ~ cn ~ rn ~ .Q r (o QO Ll ~ r ~ f~~! aN0 t*? 4A 6A fA O ~} +f} r ~ r Cf r ~ r ~ O r ~ ~ ~ ° ~ ~ ~ ~~ ~ o ~ to ~ m sf U ~ ~ c ~ o ~ _ .~ ~ ~ `D ~ ~ O .A tll '~ ttS ~ O ~ ~ 3 Q .~.. C M N o G Rf Q ~ ° ~ ~ ~~m ~ ~ v u i Z r ~ Q ~0~~ o °C~ Q N tSf C .~' ~ ~ ~ ~ f2 ~} p C! ~ G? ~ N ~ ~ a ~, '~ QJ v tU D p- ~"' ' , . ~ C ~ C3 O tN/f ~ ~ d '~ fl ~ ~ ~ p N Q ~ ~ N p ~.! 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O G O C t7 C> EC7 c d CV 4( 'y w- Cq N ~ dt C ftl N . ~M +~ O ~.1 ~ ,~ ~ 6E'`~ ~ X ~ ~ ~O E-S M N ~ ~ ~ Of ~ , N y ~-~ Q E` ~~ N } C qI ~ O N r ~ ~ N U i- N s N t6 V1 '~ M OU ~ Eft ~ x >., .,.. d '~ ~ ~ 3 lU G ~ 9 ~ ~ 'Q u tV U p ~} ~+- ~ ~ ~ O fA ~ tt} ~ O d ~ .^. ~ ~ C ~ G t4 y > ~ E9 } ~} Ems- M } A E'A ~ ~ dl O O >O ~ ~ ~ 4 a O ~ t '~ O ` f c QE~;a t ~ a tN :c ~ ~ r U1 O r O ~- ~ O t- O r 4t5 r ~ ~ ~ ~ dx 1 ° cu Ut tf] m ° r O US G x RS ° ~ o ~ u > Gi d ~ +-~ "' ~ .., C pp LL ~ ~ CV ~ OD ~ ` M O ~ e6 ~ ' c a ~° c`s yr °~ o `~ Efl ~ Eft ~~ r c ' t[i m o ~ ~ ~ d ~ ~ ~ yr .~ E O ~ ~ ~ 4 .. O 'd U3 ~ O ~ O O ~ }. O 4d- ~ 'Y. pa ~ a O C}" ~ N r ~ ~ _ ~ v- ~ d . O = C {!} ~ N v ~ _ ~ d r Ef> t rA G C d ~ ~ N ~ .~ ,Ut {3 dY ~ C O N ~ O O. X d ~ '~ 'i~ d '~ ~ d ott EV ~ ~ ~ ~{ ~ f3 ti~ ~ „, py .~ ~ ,~ ~ ~ ~ O = ~ ~ ~ .~ ~ ~ ~ d ~ ~ ~ ~ ~ G i E!Y s... ~ 'a.. O O Q d O ~ .~ E~! (p O ~ O ~ ~11 ~ N C ~ C ? O N ~j Ef} O tJ! ~ Im (~j > d U tE CL ~ C/ cr d C' O ~ O O ~ i;f C N ,G (O A N C_ ltl O 4C3 ds ~ d} N r dl r _ .L3 G .~ C .D d ~ ~ C qy TS G7 !t3 f N H q~j Eft .~.+ C~ o~ C~ d o m o 'C C 0 0 C ~ ~ }}{E ti N (~3 N !4 Uo Um ~ d~ ~ E Q ~ ~ O O 3 AN yG pp` t0 t3 N 4} t3 N .~ ~.. II II O N N r 0 3 N ~ ~ . {p (~} t4 t3 ;~~-.` ~i U ~ W ~! .'C-• o °k C ~ ,d .~. N N W L C6 vN-~ C ,~ Q ~, d O N 0 Page 1 of 2 ., C n MEMOF:ANDLTM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Darling, A1CP, Director of Planning and Zoning THROUGH: City Manager DATE: January 2$, 2010 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF FEBRUARY 2, 2010 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFt3RE CCIMMISSIO-N The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of January 19, 2010 through January 29, 2010. BACKGRC}UND This is the method of informing the City Commission of the land use actions, ta~Cen by designated Boards, which may be appealed to 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: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY UTHERS Planning and Zoning Board Meeting of January 25, 2010 A. Approved with conditions {6 to 0, Deborah Dowd absent, a master development plan extension request {expiring October 15, 2011 } for Alta Congress, a proposed multi-family residential development of 451 apartment units, located on the west side of Congress Avenue, 1,620 feet south of West Atlantic Avenue. 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 far action. http://miweb0011AgendasCBluesheet.aspx`?1tem1D-3 006&MeetingID=231 112912010 Page 2 of 2 .B. Recommended approval with conditions {5 to 0, Joseph Pike stepped down}, of a conditional use request to a11ow the establishment of a proposed amphitheater at the S,D. Spady Museum and Cultural Arts Center, 154-170 NW 5th Avenue, West Settlers Historic District. C. Recommended denial {motion to approve failed on a 5 to 0 vote, Al Jacquet stepped out), of a conditional use request to allow the establishment of an automobile paint and body shop {body repair and refurbishing of vehicles} known as I-1 & M Auto Body Inc, within the Tenth Street Park of Commerce, located an the south side of SW loth Street, west of Wallace Drive {1100 SW 10th Street}. D. Recommended approval {6 to 0}, of a conditional use request to allow a miniature golf course consisting of 36-holes and an attendant building for Putt'n Around Delray Beach, located on the west side of NE 5th Avenue, between NE 3rd Street and NE 4th Street. Site Plan Review and Appearance Board Meeting of January 27, 2010 1. Approved with conditions {4 to 0, Shane Ames and Scott Porten absent}, an extensian request {expiring February 12, 2412), for a Class V site plan, landscape plan and architectural elevations associated with the construction of a 10,712 sq. ft. office and warehouse building far Georgia Lime Commerce Center, located at the northwest corner of Georgia Street and Lime Lane. 2. Postponed {4 to 0}, a request for a color change for Leagane Market, an existing commercial building located at the northwest corner of West Atlantic Avenue and NW 6th Avenue {601 West Atlantic Avenue). The Board requested that the applicant attends the meeting to discuss their recommendations pertaining to additional improvements to the architectural elevations. 3. Approved with rnodificatians {4 to 0}, a Class III site plan madificatian, landscape plan and architectural elevation plan associated with the conversion of an 824 sq. ft. commercial tenant bay from retail to restaurant for Cafe Mola, located on the east side of Pineapple Grave Way (NE 2nd Avenue), between NE 1st Street and NE 2nd Street {165 NE 2nd Avenue). No other appealable items were considered by the Site Plan Review and Appearance Board, The following item which was considered by the Board will be forwarded to the City Commission for action. 4. Recommended approval {4 to 0), a waiver request to the Sign Code far Weeks & Callaway, Inc. to place a sign on the awning above the east building entrance which daes nat face a dedicated street frontage. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map http:llrniweb001lAgendaslBluesheet.aspx?TtemID=3006&MeetinglD=231 1129/2010 ,. _ ___ ~~~~~~~~,s _ ._ ._ =.~ ',GIT'Y ~~MMISSION iV~EETING N ~' FEBRUARY ~, 2010 +~ :-~_t `c ~ PLANNING AND ZONING . LOCAI-IQN 11/IAP ~. ,, ELF ! :DEPARTMENT SFRAB P&Z 9,, GEORGIA LIME-CaMMERCE CENTER. 3 CAFE P,~90LA ` - A. ALTA CONGRESS` 2. LEOGANE MARKET -- 01ftTAt BASF MAP SYSTEM -- MAP REf: S:\Planning &Zoning\DBMS\Fiie-Cab\CC-DOC\2-2-10 .~ • ME11~I(JRANDITI~~I TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services THROUGH: David Harden; City Manager DATE: Janes 28, 2010 Page 1 of 1 SUBJECT: AGENllA ITEM 8 L 1 -REGULAR COMMISSION MEETING OF FEBRUARY 2 2010 CONTRACT AWARDICRAZ EQUIPMENT COMPANY, INC. ITEM BEFORE COMMISSION Approve a contract award to Chaz Equipment Company, Inc. in the amount of $28,675.00 for the emergency repair of a deteriorated sanitary sewer manhole on Highpoint Drive (Highpoint Subdivision}, Pricing is per an existing contract for "General Services" awarded by the Northern Palm Beach County Improvement District. BACKGROUND WaterlSewer Network crews responded to a service call relating to a sanitary sewer blockage at 460 Highpoint Drive in the Highpoint Subdivision during the week of January 25, 2010. Upon inspection and video taping of the sewer main segments tolfrom the manhole, it was evident that the bottom of the manhole had deteriorated causing it to sink and the connecting sewer mains to collapse. The sewer main is 8-inch diameter and is approximately 6 feet deep. We have a price from Chaz Equipment Co., Inc. to perform the work on an emergency basis. Their quote is in the amount of $28,675.00. The scope of work consists of dewatering, by-pass pumping, as well as replacing the manhole and portions of the sewer main. The City wi11 purchase and provide the material (manhole and pipe}. Chaz is uti]izing pricing under an existing annual contract with the Northern Palm Beach County Improvement District for "Genera] Services", That contract is active through September 30, 2010. FUlYDING SOURCE Funding is available from account #442-5178-536-46.90, Water and Sewer Renewal & Replacement Fund) Other Repair- Maintenance Cost in the total amount of $28,675. RECOMMENDATION Staff recommends award to Chaz Equipment in the amount of $28,675 for the emergency repair of the sanit~~ry sewer manhole at 460 Highpoint Drive. http:llmiweb001 JAgendaslBluesheet.aspx?ItemID=3005&MeetingID=231 112912010 31${~ Fairiane Farms Road, Suite 1 Wellington, Florida 332114 Tet: (56i~'S33-2'tfD9 Fax: (561} 335=2180 Engineering Contractor Proposal To. Mr. Scott Soit~mon City o~ Geiray Beach 434. S Swinton Ave Delray Beach, FL 33444 Gate: January 27, 2010 Emergency Manhole Repair ora Nigh Point Drive in High Paint Subdivision Scope [nctudes. [Ulobilization, Strip Sod, Sawcut !Remove Asphalt, Removal /Replacement °" of existing Sanitary Manhole; and Removal ! Replacement of existing broken: inflowloutflow $"piping outside of manhole with $„ SDR 35.. Price includes .mobilization, maintenance of traffic, t~emalition and restoration of sod .and payment area to a "like or better" condition. Scope of work per Contrac# unit pricing is per.attached Schedule A and as per on-site discussion with „~ Scoft Solomon (City of Delray Beach} and Gary Czajkowski {Chat; f Equipment). Scope for work is per attached Schedule A and attached sketch; Pricing is in accordance with attached Norttierri Pa1ni Beach County improvement bistric# Contract "General Services Contract" {dated C)ctober 1, 20(}9) unit pricing. ~ 30;475:00, Total Lamp Sum Price~3fl,47~.flfl ,i Prices include; Maintenance of Traffic, Bypass pumping, Wegpoint Pumping, )abor equipment and materials required i 2 Prices exciud.e: Jetting, Cleaning pipe of ekisting debris from marihole #o t_S 84 {by City} 3 Compfetion 7irne: Work to be completed within 5 calerid~ days after issuance of NTP By City ofiDeiray Respecffully ~. 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I~~RTH /} ~~~ ~ ~ rxa me .. ' ~ e:n ea y:J OF ~kELRAY ~' E-~IGF{ ~UII+JT HIGHP4~INT ~ _~/ ~ -~ Of pEtRAY ,~. • HIGH PC}1N7 OF DELRAY s;`ct. av t (''t7~VE ~_ `!•'!F$TF~' c~ c : vs a~ I, t>: ez~ tw[}RPVE$" s:s u7 axs rt -~ - ~r ~f:. b t. L` L 1 lQ5 ~ f ~ HiG-i F',Cl11JT . •~Gr DcLFd~~' kflGt# ~ c,~~ f `T~F,r:act `~, ~~, ~ > ~ ~o~ fi ~ ,~.. CC~C~1170 ., ~ SEG. 11l - _ . _ _ T - c ~ ~ . r~ ~ 4ELR~zY ~--~- ~ ~ ~ s e o s~ ~o. ~... ~ ~ +1 i;lr5 §i'.'. 1t' ~ 3:: 'Ytb fl. .~. Y c e+ ~. SA.4 3, ttl ,3e H. . ~ 4J . ~ t a A=, 5(31JTN a~ ;~i DR11~€~ 4»y ~x IF ~ . ~.. 1 S s+7 ~1 f -.~~ 1+E ERAN~ES E'3R1Y C~: ~ t 2. 3 G _,~ „_ ~ 5 _ 4 T I ~+__ 1 3 ._ i ~_ c_. .. -sa rea. f: '~~ [' VI~ I L~f~i •1T 2~ ... ~_ .. ~ ~ a ; ~ ` 3 ~~ iti ~ ~ ~s t~> w s~ ~ a x .. H1G~1 PAINT ~F UELRAY CONOC3 SEG. 11 4., ~~x a .. .. ~~, ,~• IFaa, ~~~~ - E- ~ ~i f`%` E a nw~ ~ ,~ o l1GH Pt3dtd'~ i} Nltati Pt3IFST ..801}I.c:~iaRD .,r ezs as car- axs .-. ate . it FI~~~ ~ a~j a ., E6RAY ~} : ~' ~~ C T. Ii LS L~<, C_ -- ~ ;it ~. , i ~~ :w~tez i ~s• ~ s6~'` tt r ~ "-'. .w `~ b` .Lsf'S'~A'4 ~ '-.~..7.J L ' 1-- .. s ~ a3 .~~ :~: z~> , ~ 1~L}lial~ C{?~~R7 H6G ~di~ T R iE E Z ~ ~R t ' ~ ~ . ~ _ _ ~_ ~ ~ ~ ~~JO .; ~ 2s~ , . ~iYE I -T FR)VA'TE. N G3 S;. ~ l2-:_. ~ ~~ ~ ~ ~ ~ ~ 2 E ~ '}' ~ S ~ _ ~ ~50 ~` ~ t~ j ~. , ti,c~ r~~~NT ~~,.~t..E ~s~sr ~-, a. _. L ~ ~ ~ R~~IA~ e IGN I~~E~7T TEMPLE 5 - ,< ' i ~ i ~ 4a ~9 ~ .- SEE SNEET"?_T ~° f"iAi!_: De;.veroblas\Se;rer tioak 11x37~SHEEf2S$.t7iPG .~ ._ ~~ E,'~'~rl~t~?~~,~r`~~~','~~: ~~~~Vi~'~S ~F.P~~T',{T~ti'i~ ~~ ~ ~ ~ i i ~~~ ~ouNrr.t.,ry `~o ~- _ ~a 1~ ~' W ~~ lira _ nY~~~ i~^r Y+d' ,,, _ ~~,~~ ~ • . .NORT.HERN t?A~1VI ~~~.CH CDtT1VT~~.IYIPROVEr'~T~~Vfi.L~1'~SZ`.R~'~`T N~1 ~'I~`~ ~',r? PRf.~~`~El} .May ]2, 2009 Robeit H. Wight Cliaz Equipment Co. laic 3.1.8{} Farlane Manus Road, Suite ]. ~~~liington, FL 33~1~~ T;E: ~ie~~era] Services Contract. Unit ofDevelopn7ent: Multi Deaa~ lti~r, might, As Nortl~erzz executed tl~e refereizced Agi'eeinent orr h!Iay 12, 2009, we, are issuing tlzfs Notice to Proceed and retur~iiy~g your Bid Security; T11e. Contract Tine v~i]1 c~am~nezace on C}ctober 1, 2009 and ~~vill cease on Septesuber 30, 201. At Nt~rtherz~'s discretion, a~ulua] extensions Wray be giveiz fox four additional years for a total Contract period of five years, Please execute t11s Notice to Proceed ~vlxere provided oir the next- page and return tlae of°iginal to us ~~u~iecliatel5j, keepi~ig a copy for your records. ~`ee]. free tc~ contact this office if you have any questions:.. Sii ely,. ~ ~ TQ,, C. Da~av r~ Beatty;'~''.lk Deputy Director C~B11ac cc: K. EdM~!ards, Esq., Cald~~~e]1 & Pacetti ,T: s e~ ' ~ y tt .359 I-~Eatt Drive o palm Beach Gacsleeis, FL 334;18 ' (5~1} f24-78301 Ph.c~ne ~ ~5fil).624-7839 Fax ~ email: cs~ceC~npbcid,.org f t~l/N14 tr~~f.~t~j, rite oo~oo i, AGRE~i~'tEitilT TH1S AGREEivIEiV'T is dated and will. be.effectii~e on the S~ day of - in the year 2flp9, by .and betuteen Northetn Pslm Beach County [n~proverrterit °District ('hereinafter called. C}WNER) and .Chat B u.i :meet Ca.. Inc. {hereinafter called CUNTRACTdR}. dWNER arid. Cd~IT'1tACTdIt, in consideraton of the mutual covenants hereinafter set forth, agree as follo~~;rs: ARTZCL>~ x. WdRI<. COi~1T12r~CT.dR shall complete all. Work as specified or indicated in the. Contract Documents: The Work is generally descrsbed;as follows: General Services Contract Nort[~ern Palm'Beach. County Improvement District., ARTICLE 2. ENGINEER. T'he,d'~~I~IER and, CtJNTRACT~R aekt~o~vledge that the 01~~ER. will riot be engaging-.an engineer to act as the dCVNER'S representative regarding: the completion .of the Works. in accordance with tl~e Contract. Docurents. Rather; t]~e dWNER shall tie responsible far all of the administrative and ministerial duties that an. engineer ~vauld atherti~vise be responsible for under the terms of this agreement and the Contract Dacu~tients. Therefore, any reference in the Cota.tract Documents relating to administrative anti ministerial activities by an engineer shall. be construed acrd interpreted as be, irtg tl~e duties. of the dt~N1~R. ~ARTICL~ 3. C(~i~lTRACT TIiYfE. 3.I. The initial term of the Contract:tirrie rubs from dctober 1, 2pp9 to September 3p„2plp. At CSsvner's sole discretion, annual extensions tnay be ,given for up to four additional years fora total contract period.of: live years. The Unit Price Schedule xvill be sub}ect to an annual re-negotiation that must be concluded on cir before ivlarch lg` of each `subsequent calendar yt;ar; `'the re-negotiation date." The Contract Time for each :additional year will. run froth 4~ctober lit to Septcrrilrer 3p"`. it is solely the resportsilailify of the CONTRACTOR t.o initiate any re-negotiation. of .the. Unit I?rice 'Schedule sixty (6p} days ,prior to the re- negotiation dates established. herein. failure to initiate a re-negotiation of rates prior to -the date{s~ established shall result in the 'continuation of the rates contained in the Contract until the end of that term. The OWNER .reserves the right. to terminate negotiations acid continue S'1orl. under existing rates or terminate the Gantract if agreement.is not .reached;bytpe re-negotiation date. ARTIGL;IJ 4. CONTRACT PRICE. dwner shall pay Contractor for completion `of the work in accordance with the Contract:Documents, subject to adjustments as provided therein, in current funds as follotivs:: X1.1 In accordance with Northern Purchase drdei~s issued based on .proposalssub~rtitted by the Contractor per the request of,3~orthern Staff, Said proposal shall be baseii on the Unit Price .Schedule agreed to herein and the scopeTdescription of 4vork as provided by Staff. If O~~ER effects to extend. the Ltantract Tune, dWNER may in conjunction with such extension,, consider reasonable increases in contractor's prices to reflect increases in CONTRACTOR°S casts. ARTTCLIH 3. 1'AYiv2ENT PROCI~DLtRES i t,~?or~~ AGitEEtitEN`C ppSpO-l a fe ~~b r~_ 7r z t ~:. •~.. ~"-'1 ~~ ! ~.l PRt~GR:1~SS F'AYIYTE~iTS. O~+r't~il~lZ shall male ..progress: payments in:accordance tv~ith the Schedule of Valu4s based on the i~niti'rice Schedule. in response to CQiVTIL%~,CT(73~'S Applicati~ri for Payment on monthly basis as'direeted.by ~}~?~llR: All p"rogr~ss payments iuli ~e on the heals aftlle woelc completed. ARTZCL;~ taY (This..~:tt.icle'left 'blank in#entionaily) ARTICLE 7, CQN`l'RAC7'{?R'S R:EPRES1r~lTATIONS. Zn order to induce C}G11NER to: enter into this Agreenzen# C(]N'3'R:A.CTOtt rrrakes the following representations: 7; !, Ct}l`~1TRA.C`I't~R i~as farrriliarized r'tself with the nature and e~ttent o.f the Contract Documents, Work, site, locality;.. and. ail 'local conditions and. C:a~vs and Regulations that in any manner may affect cost, progress, perfomlance oe furnishing ofthe Work. 7;2, This space left iilank intentionally. 7.3. CCl~iTRACTO.l~. ',has olStained .and carefully sttitdied {or assurne~ responsibility for obtaining and carefully studyin~~ all.s:uch examinations, investigations„ explorations; :tzsts,.rrxports and studies {in addition. to or 'to supplement tliose.referred to in paragraph 7.~ above) which .pertain to the subsurface pf physical conditions at or contiguous to the site or ather~vise .tray .afl"ect the :colt,. progress, performance or furnishing. oftize 1Vork as CONTRAC'I~OEt considers necessary for the perfortrtance:or fur-nishin~;ofthe fork at the Contract Price, ~vititin the. Contract Time and in accordance with the ether tuns :and conditions -of floe Contract Documents, iricladng spedfieally il~e provisions of paragraph ~.2 of the 'General Conditions; affil rto add~tioa~al e~arnii~ations; investigations,-explorations, tests, reports, studies or siniilat' informafi.oit or data are or wilt be required 37y CQNTR.ACTOR €or such purposes: `*" 7.4: This space left blank-intentionally, . 7.5. Ct'~1VTRACT,QI~ tias correl,atzd the resin#s' of all sucfi..'oklservations, examinations, investigations; exxplorations, tests; reports and:studies tiyi,th the terms and conditions of the. Contract i~ocurnents.. 7.b, CO.NTR,4CTC}R has given, O~~NER written notice of al! c~nllicts, errors or. discrepancies that.l~e i~as, discovered in the. Contract Doctimen#s artd the ~rritten resolution thereof by {)tilaR is acceptable to COl~1TR~lCTCR_ AI~TICLC 8. CONTRACT [}CJCUirtENlTS. The Contract Dacvn~erits t~luch eri7prise the entire. ,~greenzent bet~~reen USER -and CONTRACTOR concerning the Work consist of the #'otlo~~ving: 8.1. This Agreement consisting,.of ~ :pages: ~.~. Exhilaits to this .Agreement ident~.ed as; Bidders: lleetion Corm, l;'iii:t Price Schedule, FEYI.A Suppletuent, Etl#ics Stateznent~ Itiet .1.)ischarge Yeti#icatitttt e~k;i-eement,. riocunients X01, SQ2,63U, r57t}, 6$(3 (a & b}, 69"(}. & required Certificates of Insurance inclusive: $.~. 1?erformance °BOnd, if elected, cansistirig of. 2 pages`{pills E'ra~~-er 4f:~ttorney F'orn~,s as applicable}. 8,~.. t~rotrce of Award, 8.5. General Conditions consisting~of 33 pages. 8.6,. Supplementary Conditions consisting of .11. pages,. 8:.7. Specifications consisting of ~~ pages. ., ~$.8. ~Th~is space leftntentic~na~y blank. ~~~,f ,~-' ~ t A~tZ£E~tE\~T ,: ,~~, :: 1112008 (l05{3~-2 &.9.. Addenda riun7bers l to 1 ,inclusive. $. i d. CtONTRAC'TC~it`s Proposal consisting. of 33 pages. 8.:11. The follotiving,~vhicir may be delivered or.issued aftee the luffective. Date ofthe A:greemerit and are not attached hereto: All Written Ameniiments and other documents amending; modifying, or supplernenfing the Contraet;DOcuinents pursuant to paragraphs, 3.4 and 3.5,of the, General Conditions. 8.12:. The documents lifted under Article 8 above are attached to this Agreement (except as expressly Hated other~~se above), 'There are no Contact Documents attier.than those listed above in this Article $. TIle.Contract Documents may only be arrtended; modifred or supplemented as provided in paragraphs 3,4.and 3:5 of the General Canditiorts. ARTICLE 9: ~IISCELLAI~EC?[iS. 9.1. Terms used in this Agreement ~vhieh_are defined in Article 1 of the ~'renecal Conditions evil] have the meanings indicated in the General Conditions. 9.2. Except as set forth tit the fallowing subparagraph to this Secfion 9.2, no. assignrnenf by a party hereto of any rights under or interests in the Contract ,Documents will be binding. an :another party hereto without the nrritten consent of the party sought to be~bound, and specifically but ~vithoutlimitation moneys that may became due and ril0neys that~are due r11ay not be assigned without such ccir7seiit (exxcept to the extent that the effect. aftl~is restric#ion tnay be limited by IaGV), and unless specifica[Iy slated to tl~e contrary in any written consent. to an assignment na assignment will release or .discharge the assignor Pram any duty or :responsibility under the Contract L)ocuments. , The afaren7entioned prohibition against:assignrnent shall not be applicable to the assigrunent by the C}~vner to other governmental 'entities or agencies pf any or all of t11e Con#ractor's. warranties acid guarantees as see forth in Article l~ cif the Standard C3erleral Gondiuons..of the Construction Contract; as amended by fhe applicable:S.upplementary Conditions, which are incarporafedas Con#ract Documents in this Agreement. 9:3. OW~IEEt and Ct)l~l'I'RACTfllt each binds 'itself, its partners, successors, assigns and legal representatives to the o#her party hereto, its partners, successors, assigns anti legal representatives in respect of all covenants, agreements and obliations contained in the ContractL}acuments, 9.~. A person or affiliate who has been placed on the convicted vendor list follo~uirrg a conviction for a public eaitity ci-mc iriay riot ;submit ~ Bid on a Contract to provide any foods or services to a public entity, may not submit a Bid. on a Contract ~vitiz a public entity for the construction or repair of a public building. or public work, may Hat be awarded or perfarrn tl~ork as a Contractor; Supplier, Subcontractor, or Consultant under a Contract with any public; entity, and may rlat transact business with any public entity in excess of the threshold amount provided in Section 2$7.017,_Fiorida Statutes, far Category T~vo far a period of~6 rnonfhs from the date of being placed on the eonvic#ed vendor list. 9.5. The Contractor clues hereby agree to thenon-disclosure provisions of Chapter t l`9 Florida S#atrrtes., for any building. plaits, blueprints,. schematic drawings, end diagraits; including draft, preliminary, and Bnal forrrlats, lvliich depict the internal layout arcd structural e..lements .of a building, arena, stadium, water treatment facili3y,.arotlter structure-being constructed: pursuant to this Agreement for the t?~vner. ARTICLE 'I0. INDEtvI~ IFICATIC}IV, 10.1. T'he parties a;~ree that 1% of the total compensation paid. to the Contractor for ,performance of this Agreement shall. represent the specific consideration for the Contractar'.s indemnification of fhe tr}~4~ner as is set forth in.l'aragraphs 6.3C} and 6.31 of the General Conditions. 10.2, it is the specilzc intent ofthe parties hereto that the foregoing indemnifrcation complies with Section 725,06,. Florida, Statutes: ft. is further zhe specific intent and agreement of the parties that all ra'the Contract ~iGittrEtvtb~tT ~f~ t tl2{lt}8 {70~~00-:~ ~_ ~ _ .il-~ . 't~ ~ 1~ • t~ t 1 t~ocuments on this Project are hereby ,amended tci include the fore~nin `inderhrrificatian aiitl ttie "'Specific Consideration" therefor. IN WITNESS WHEtZEt~F, CJtu`~1~R 'and CC?.NfiRACT't~R, have.:signed this A ernent in triplicate: .fine counterpart each has been delivered to l'~~V~IEI2.:and CO~ITRr~CT.OEt, i~orfhem Palm.Beach Ct~urity QV~NER Imprc~vemert I~isirict Ct?NTRACT`CSR C uivment Cc~.. Inc. , ~y ~~.,'~.~.:_..~~.~. ~y (CC~I~o~:a~r>~ SEAT. Attest: , attest' }~ 1~..... 11~ 1'Y~rk~tn rr~. Address for gidin~ notices address-for giving hc~tices 3x4 Hiatt I~ri~~e ~ ~S~iQ'~St..~ ~~ac•~Y~ .&~.~ ~~.~ .Palm Beach Garde~ts. FL 3x418 1112Q08 Gieense i`Io. t~,~~ ~~~~~ agent for service of process: {If C{?I~I ~ ttAC: i C?R i ~ a c~rporatis~n, ttac3i evidence of antho~ri ~y to sib.} E~I© CQF SECTIC?U flG;E2E.~ivl.Ei~T IIfl~~Q-~ .. ' ~+ • FINALIZEI'} UNIT PRICE SCHEDULE J General Services Contract Base Bid Summary Chaz.lGquipr»ent Co Inc: 2009 Estimated "Total"' Estimated Item. Na. :Item Unit Quantity Uni Unit 'Price Unit Price 1: Remavaland I)is osa] of~l" thick concrete 1,00(} SF `52:50 52;544~t10 2, Reznar+al anil Disposal of6" thick concrete 1,0{}0 SF X3.{70 5,000:00 3.. Insta]1ati~ri cif 4"concrete with wire 1,044 SF 55:50 55,5{0:00 ~. 1nSta1]atian of4" concrete ~~itfiout wire ] X040 SF X5.44 X5,004.40 5. 'sta anon of concrete j~v~t po ~rpropy ene fiber rnix reinfcircernent 1,000. F x,50 55.5174.00 5. nsta anon of concrete ~vrt pa }~prapy ene fiber rnix reinforcement 1,444 SF X7.25 57,54.04 7. Installation of G" concrete with wire 1,044 l? 57.25 57,254.44 ~. lnska]]ation of d" concrete ~~vit]~o~t`t~ire 1,000 SF` Sf•54 :56,544.04 J, Installation af6" PeruiauS Caiicrete 1,000 SF 515.00 S1~;004.44 L4. Irtsta]lation of S":Pervious Concrete 1,440 SF 54.44 524,OOOA4 1 l . Sup, ly FDOT Concrete Buni er Guard 50 FA ~244.4fl ~ 10,004.40 1.2. Installation afFDGT-Bum er Guard. 54 HA 575.40 ~3,75t1.44 13. Ins'ta]latioii of ADA ~m Kant detectable surface 104 SF 514:04 51,404.44 I4. Sig ly and Installation ©fADA cam Ilant.a]utni 1.00 LF 554:04. 55,40E1A4 15. Installation of FDOT ~~, e `A' curb - by hand 1;000 LF ~~5.00 535,044.00 16. Installation of FDOT'Ty e':A"curb - b machine 1;000 LF 530:0{3 X34,440.04 IZ. Instaliakiari.afl?D~1TType'B' curb.. bylaarid 1;4Q4 LF 535.44 .. 535,444,4(3 18: Installation of FDOT T e. B' curb - ley m achine 1,000 L.F° ~54~00 530,000:00 1~. Installation of Fi)t7T Ty e'I)' curb - b hand 1,000 LF .535..00 S s5,404.04 24. I~astallatian t~.fFDQT Ty e 'D' curb -:b ' machine .1.;004 LF 534:44 534,444.44 21. Installatiari of FDOT ~y e'H' curb = by hand 1,440 LF 535:0(1 535,444.40 22: Install.ation:d'f FDOT Ty e'E' curb - by machine 1,000 LF $3{}.00 531},114;4.:44 23. .Tnstallat'son'af.FDDTT a'lv'curb-by :hand 1,400 LF 'S3a.4(}' 535,440:40 2~. Insta]lation:of FDQT T ~ e 'F' curb - b machine 1.;000 LF :530;00. $30,1140..00 25~ Installation ofFI74T;Ia1.1e Gutter= b.hand 1.,440 I.~F 535.:44 53;444:44 2G. Installation ofFDC}T Valley Gutter - b anachine 1,000 LF _534..04 530,000:00 27. .Installation of FI~OT Sha~3der Gutter - LY hand 1,000 LF 50::04 5=i0;00Q.fl0 28. Installation of.FI~OT S]XOUIder Gutter - b macl~i 1,000 LF 5.35.04 535,004.0.0'.. 29. Installation ofFD4"I" As l~aitic t,3oncrete curb 1,440. L;F 520.00 52.0,000.00 30'. Installation of 15" diatrieter RCP 20(1 LF ' 584.04 516;04(1:40 31. .Installation of 18"diameter RCP 20:0 LF 585:00 517,444:44 3.2. Installation of 24" diameter RCP 200 LF $95.40. 519,440.40 ,,~. Installation of 36" diameter RCP 200 1". S 1.50.00 530;0.00.00 3~1. Installation of 15" diameter 1-IZ?PE i e 204 LF 575.00 ,515;444.44 35. Installation of l8° diameter I~DPl3 i e 240 LF 580.04 51 b~000:04 38: .fnstallatian a.f 2~l" diameter HDPErpe 200 LF $94.44 .518;440:00 37, InStal]atian of 36"diameter IIDPE:pi e 244 LF 5134.44 °526,444.00 34, nsta anon o m~tere en section for ciian~eter RCP 10 EA 51,804.00 51.8;000.00 i. ' z ~ ia~ ~.'~ a 3 !~ ;.~ , ~<~ ?~ .. ..., ,-+- ~ • n t~ r t General SerVlces Cositract Base Bid Summa2-y Cl~ai l~quipment Cd Inc. 2009 i'~"~Stlttt aced Total ~S tl tit aced [tern I~Iti, Ttettt i.lnit Q~ttantity Uni ~lnit Price i.lttit Pricix 39. nsta uttan:nt mitere en section or ~ diaineier HDPE pe t.0 EA 51,7.00.00 517.,000,00 40. nsta titian of mitere en section for diameter HDPE i e 10 EA 51,900.00 ;~ 19;000:00. 4l . nsta . anon n mitere en section tnr diameter RCP 10 E~ 52,000.00 520,000.00 ~t2. nsta atinn o mitere en section ar diameter RCP 10 EX 52;300.00 523;000.40. 43, . ns ation at mitere en 'seotsnn nr diameter HDPE i e 1.0 EA .52,200.00 522,000.0{1 44. Removal c~C dis osa] of soi] to itit lem~rit improv ~,~00 CY -56.00 518,000:00 45. Sup. 1y,:ptace & compact dean fill 3,00 CY 510.00 530,0E}0:00 45. Su ly & installation of natural stave r]prap 200 Tito 5125.00 52,000.00 47. Su ly &:installation afbrnken canereteri ra 200 Ton 51,25.00 $25,Q00.00 48. Supply ~ install.sand-cenietit ri ra 20t3 CY 5500.00 5104,000:00 4~9, S; ecial sa4v cuts fsr avenient tS'c concrete 204 LF 55.04 51,000.40 50. entnva ispasa o existing rt~~e~vay cu yeti pi e (any material 100 LF .550.00 :55,000:00 51, Su _ ] ,~ installation of Saltia:Sod - u to 1400 1;0{}0 SF 51.00 51.,000:00 52. Supply & installation of BahiaSocl -over 1000 20,000 SP 50.75 515,0(30;00 ... 53; Su . ly & nsta]latioti of Flnratatn Sod - ti to 10 1;000 Sl~ 51.10 51,1:00,00 54. Supply & installation. af.Floratatn Snd.-over 20,440 SF 50.85 517,{}00.00 55. Su ly & installation of FD()T Seed & l`4ulch 20,0{30 SF 50.50 510,000,00 Sb. urztis peratr~r, titer ruc.-ati rigate a , or Seed Ivlix: tt34 H.R 560.00 56,00(1.00 57. F17t;3'I' Guard Rai:] with no end tFeahnent 1;000 Cl 540.00 540,000.00 58. EI~CJ'1` Guard Rail end;treatirtent l0 l A 5750.00 ...5`7,500:00 5.9. Coital Excavation {sand ~ s.ilt 5;000 C~ 5l 5.00 575,000.00 64. E.ake !Cana] Baaik Restoration.. 5;000 SF 5211.00 5 ] 00,000,00 61. Take 7 Canal Bank Ve etation Removal 5,000 SE 52..00 51fl,000.00 62, Ivlilt existin Pavement (3:14"-1" at!~} `10,000 SY 53.00 5.10,00:0,00 63. .Pavettient. Re lacetripat itx1.1" Types-III 1,000 SY 51`2.00 512,000.00 64. Pavement Replaceirierit ~vT 1 ]i2" Ty ~,S-I 1,000 SY 515.:00 515;000.00 65. Pavemet7f Replacement avl.2" T e S-I 1,000 SY 51'8.00. 51:8,000.00 66: 6" I:imernclC Race, LBR-100 1,000 SY 5] 8.00 518,000.E10 67. 8" Litnernek Rasa, ~,BR-]00 , Dotiti]e Course 1,000 SY sa- "22.00 522,000.00 6$. Adjtast ~laiiltale to grade 5 EA 5750.00 51,750.00 S9. Install ]2" ADS•%-12'Pi .e '1,000 ET 535,00 535,000,00 70. Brick Paver Section Installation er AIPBCI~ 3,000 Sl: 510.04 53(3,000.00 7i, TrufstoneSectionlnstallation-perl~tPBC1T}; 3,400 SF 512,00 5.36,000.00 72. Itistallatibn of d" Iron Pipe Gate(set in 30" dia. 42" deep concrete} with =l" Erame (I6` to 2d' ) and llnck Assem€~ly & 1~'in~ Sections, 5 EA 55,000.00 525,000.00 73. 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LL .7.. L. L -. 0 0 0 0 0 0 0 0 0 :o 0 0 o a o 0 0 0 0 0 0 0 a o 0 0 0 0~ o 0 0 0 0 0 0 0 0 0 to :o o c7 0 0 0 0 0 0 0 0 0 0 c> o c~ o; o o . 0o:c~.oooooocooo,o ~CSO.o~o~'oocc7~.?o ~' vi tr`x vi G~ "ci ilj. v'i" t~ Vi O trr Gi vvi .vt. yi o ~ Ci, o v'S O ~ vi v~f O !ri C° E`4. h iC+ Vl rt M. N '1) ip~ Gi rt vJ- ['>: r'a *~" rri CI' d' cn {'*# r*t d' -'. -~ .t 'tV +4 b+3 ~fi ~? 5E3` ~ ~# 4R ; ~ ~3 ~}" ~R. 'li' ~ '64 f+t} 59 a9 fF,' ~4 s}? £f3. £f?' ~ ~ ~3 69' ~ ~ ~ ~ z~z~ t o, O, ~ ~ O r ~ ~r o. ~ O 3 O. Wi ~ ^ ~ ~ "" C ~ ~ ~ r ~ ~ ~ . '" :mo : L ." .. .~ ~.- - ~ . C El..~, ~.. G t-' CJ ..:J G t? :-~. ~ ;j•w' ' ..:~ x ~ o ~^ ~ mo o` 7 ~ ~ ~ ~ GS , ~~ ~: x ] :~" !~ r:, ""a J^ of ~" S'i` tSf L ~~ L t~..i " ~ ~~. ~ ' ~. t.. ., • 2i :3 :d a1 y ~ S ' ~' ~ "iy c3 ~ ' i r T -a ,~~, .G?" C ~ ~ :~ ~. J~ 1;. `~ : . , {„). .. ~} Y O .•". aw ' " : L ' ~ ~ '~ ~ M. ~ , J} Cs:: ? KIa Q. ~ 2t .} ~ .~ , ",, Q ~i- !.. ..:.. "' ti:S OG 7 « i ?~ d?. ~1 SC :i5 C:. r+f •_.. ~ ~ r ~t-. ~ dV h "00 v O. - C"+t M ~ tt's .~ h a0 ~ ~ -~ f`3 m 5t ~h `J C" xr. n ~ G7 'G7 h h h h h- CO W OU .rXx ~'3 00' :~ 00 ~'. ,7.3 a J'> ~+, ~. cT ~~ ~ 'J~ v, ~ -..~ ~ r ..fa ti r ~ .~z 1 ,i{,- U ~~~~T PRICE S~~IE~~.~LE A.CI~N~EI)~rEI~~ENT April 22t 200 • • Robert H~. tU~itt Chat Equipzllent Co, Inc.. 3 l'80 Fairlarte Farms Road, Suite. 1 ~~ellingto3~; ~~ 3 i~14 I~.E: General Services Contract C.Jnit of Dev~;loptnent: Multi By tz~.y si.~nature below I acknowledge that the attached Finalized. Unit Prue ~clzedule 1ul~icli is :for the referenced :contract is a correct and, txzze representation of our. bid tabs as suhnaitted, ~~ay of 1'~~ ~ ~ , 2tJ09. Clzaz Equipr r , Title cop}r of or~na~ bid tabs & FinaJiaecl Unit Price Schedule attached ~~~__ _. '~~~~ff ,r,~,. ~_ e .~:r~' ~ rtr ~-^ ~ _ s~ k ~ r ~ ~ 3180. Fairtanp t=arrris Rand, Suite 1 ~~rE ~ ~ ~~ 'y+feilingtan, FIc~~~rida 3~34~1~€ 5 ~ ~J A^,~ ~'_' {_: L~~.~ ~ ~ ~Jt~ ~ . Tet; ~s1) s~m21(?9 pax; (S61) as3-218(1 • °~ Engineering Contractor Proposal • 28,675.00. Total Lump-Sum Price $ 28,675..00 ~ Prices include; Maintenance of Traffic, Bypass pumping, Weilpoint Purtipirig, labor, equipmerit and materials required 2 Pr+ces exclude: Jetting, Cleaning pipe of existing debris-from manhole to LS 84; Furrastiing precast Manhole & 8" piping (by City) 3 Gompletian Time;. Work to be completed within 5 calendar d after issuance of NTP By City of Delray ;Respectfully Submitted • To: Mr. Scott Solomon City of ..Delray- Beach 434 S Swinton Ave Delray Beach, FL 3344.4 -Date: January 27, 2010 Emergency Manhole Repair fln High Point.. Drive 'in `High Point Subdivision Scope irtc.l.udes> 'Mobilization; Strip Sod, Sawcut /Remove Asphalt, Removal /Replacement of existing Sanitary Manhole (Manhole furnished by City of Delray.);. and Removal !Replacement of existing brok. en inflow/outflow 8" .piping. (furnished by City of Delray) outside of manhole with 8" SDR 35. Price includes mobilization, maintenance of traffic, demolition and restoration of sod :and payment area to a: "like,or better" condition: Scope of work per Cortract unit pricing is per attached Schedule A and as per onsite discussion with Scoft Solomon (City of Delray Beachj and Gary Czajkowski (Chaz Equipment). Scope for work is per attached Schedule A.and attached sketch;- :Pricing :is in accordance with attached Northern. Palm Beach.County" Improvement District Contract "General Seivices Contract'' (dated October 1,:2.009) unit pricing, ~ 9 j.. ~' ~ s ,,; ~~ ~ ~ C iii(i~~~~~~~~jiiii,,}, iy„ ~!~ ~~ Q O ~: Q> ~3 41 .~. ;~ d Q, Y~ ~O ~O O O d O O~. O. O O O. O ''O O O O O C1 O Q- ~O O O O O O O O idf}j tdtt ~ N- O '00 . G3 .C.qq?~~ . O t1- ~ -Ct .G.#} O~ 00 t9 ~+ Gt- :tV -LV ~t' .r ~- d F- U9r ~ t+T. V1 b-. ~4't tfi V# tA. N~ W t+? W 'u3 ~ ....._. O art sit N N N efl M cY <- tG. Nt Si#" M t0 M C~ rt't" eh i8 M tD M Of ~ LC t' v r b ~ O o O Cr.~ G o O' O O O O O' O O~ 4 O O' d C. O d O O O G7 4 O r A;S t- sV tN Sf}' 1'4 U'! n Ilt sp ~ t!1 ip Il! tV t!1' h Lff d O .at N7 r O iF ~'} S+t ~ N. -' r C4. C ~ W ~n ~' ~ }~ cn AC s Lr x tL' a iY z iC _ LY. ~ 0' _ ~ a €C- ~ ~ x d" x _ ~ m 0 ~ ~ ~ ~~ ~ 3 O u ^ ~' i}t w ~. ° ~ ~ do ~ u n 3 ~ ~ ».. o. ~ ~ r m ,~ ~ p t~.t d x ~ 4a ~- ~ ~ ~ ~ t4 N f/1 g [L ~ Z3, O ~_ a Q i ;~ N y '} ~ _ O Q' . - ,G sq CL' C U ~ ?~ s.. O Qs ` ~ ~ ~ - ~ Yf a+ V 5 w Cs ~. ~ q t p. b ~ ~ . ~ ~ ~ .O u t5: ~ G. ~ N cti IL. ~ fi . ~ FO ~ std ~ to Q El. ~ ~' ~a i" `3 ~ . ~y W ay ~~ ~ {~ m iq to Ci. ~' ~3 Q .. .C ~ ~ C itt RED . ~ #~'- h C4 oOD OoD ~ ~ Co'a O r O r ~ Q~~ +~~+. ~' C Q tt~ ~Ny V ~~ ~- ` ~ ~ ~ z ~y ~~ ~Y~ .. \--~ ~ -- \~.. ..,..~.~~J Y NC}RTHERN I?Al,.N.f BEACH ~'O LTNTY 1'1t~PRC?VE1VLr1'~Y7' ~?ISTRIC~' L. T V ,+C ~.L VlJ i 11 ~l1 ~~.LJ.(./~ R~Iay 1.2, 2009 Robext IK, Might Cl~az Ecluipriient Co. Iiic. 3180 ~sirlazie Parzizs `Road. quite 1. 4Vellii~gtoi~, FL. 3341 RE: General Services Con#iact Unit of Development: Multi Dear Mr, °iglit, As Nzzrtlierri e~tecuted the referenced Agreement on May 12, 209; we are issuing tl3is l~otice #o P.raceed and returz~ng your Bid Security; The Contract Tizne will ctimz~zezice on Qctober 1, ~~09 and ~~ill cease ozl Septeii~ber 3Q, .201.0. At Norther~iis discretion, anziual extensions may be given for four additional .years for a total Contrac# period o~ five. years, Please execute this Nonce to Proceed where provided oiz #lie :next. page and z°e#urzt tl~e origins! to us iziuirediafiely, keeping a copy foi° your rectirtls, feel free to contact this off ce if you have an}~ ~~estioz~s, Sil ely, C. Daz v rs Beatty, P. Deputy Direci~r CD13~lak cc: K. l;dtivards, Esq,, Caldtin~ell & Pacetti . ~'~ ~ ..- ~,c~., r~~ ~ ~_~ ~~~ 9, 3S9 Hiatt Brive ~ Palm Beach ~a~clens, FL 33418 ~ (561) G24-7830 Phope ~ {~6'1} i;24-7$39 Fag ~ email: office@npbcid.org r:~iur~ ryx~~~ OO~QO ,A.GREY1EitiIT ~~- Tf11S AGIEvtEr~IT is dated and will .be effecti ve oki-the. day of ` '~ ~'`~ ti the year .~0~9, by and between tarf„hem Palm. Beach County Improvement 13istrict (hereinafter called flWI~ER) and Chaz Eguitin~ent Co.; Tnc. (I~ereinafter called CCINTRACT~}R}, OtVl~ll~R and Ct}i~lTRr1CT~l2., in consideration of the mutual covenants hereinafter set farEh, agree as follows: AR'TIGI.E 1. ~~!E}Rl~. Ct.7fJTRACTC}t~ shall:. complete-all `Mork. as specified nr indicated in the. Contract :Documents. 'The V~ork is generally described as fiiClbu+s: Genera('Setvices: Contract ~Iarthen_Pa[ni'each County Itnprovertkent I3strict. AR'T'ICLE ~. Ei~iGli`3EEit. The ~~VNl1Ft and. CO~ITR,ACTOR ackrioivl,~vdge that Elie O'i~'~fER raj"rll mate engaging .an engineer to act as the Cl~V~1ER'S representati~+e tega;din~ the completion of the l~lorkstn accordance 1°ritla the Contract Docnmerrts. Ra:i~ur, the Qt~NE. shalt.be responsible far:all of tl~e administrative and miriis(eria! duties that an engineer would othertivise be responsible ~'ctt` ~tndex the terms of this Agreement and the Contract, l7ocuinents. Tlrerefare,, :any reference in the Contract Daoutnents relafin to administrative and Tnlnsterial activities by an engineer shall ire ct~nstrued and interp"retell a5 being the elutie~ of the f.?~lEl~. AI~.T>C,T.E 3. CQb(TRACT TIME. . 3 1. The initial term cif the Contract tune runs frorri. Ctctober 1, 21109 to 5epterriber 30, 20111. At C}~Wnet`'.s. sore discretion, annual estensiotis rr~ay be given for up to four additional years for. a total contract peritrd of €jve years. The Unit Price Schedule will. be aubject to an annual re-neotiation that trust be concluded on'ax before 1~tarch l.~' of each subsequent calendar year; `the .Te-negotiation date." The Contract Tithe far each additional. year ~~~ill rt~ti front flctaber 1'` to Septem~cr 30`x'. It is solely the responsibility of the CC1iyTILACTC}R to initiate any re-negotiaC-on of'the Unit. Pt`ice Schedule sixty {b4) days prior to the re- negotiation. dates established. herein. Failure to {vitiate a re-negotiation of rates prior to the dates} established shall result in the continuatiott.of the rates eontaiited in rile Contract until the snd of that term. The Q~t1NER reserves the right to terminate ne~otlatotts and continue tWorl: under existln rates or terrniitate the Contract if agreement-!s not xeached by tile. re-negotiation-date ARTICLE ~, COtITRAC'T PRICE: C)~vner shalt pay £ontr:actar for conipletian of the u€ork in; accardanc~ with the Contract C}c~curnents, subject to adjustments. as provided therein, in curr~nt:funds as followsc 4.1 In accardarice with Northern Purchase Clyders issued based an pr~pasals submitted by the tuontracfor per the request of Northern Staff Said prcaposal shoji be based on the Unit Price Schedule agreed to. herein and'the scopeJdescripton of work as provided by Staff: If QWI~lER zfects to extend the. Contract Tame, Ot~IER play !n conjunction t+~ith such extension, consider reasonable increases in contractor's..prices to reflect increases in COI~'TRAC"OR.'S costs. r :~ AI2TTGLT~ ~. PA~~IEi~1T F'1~OCEDURES ,•~/ i ~.l PIZOGI~SS i~r~YVlEi~d`l'S. C~t~"I~IEI~ skull-.make progress payments in accordance +vith the Schedule of Values hased;on The C:'nit:Price Schedule in. response t~ CO*I°T`Rr~GTC;`R'~ Application for~?aytnent on a monthly basis as directed by 01IER. All progress payments will be on the baaia of the work cotnpletzd~ ~-RTICLE lr: (`T.his Art.icld keft blank intentit~nally} ARTiCL:]~ 7. CONTItACTC)R"S REPRESEnTATTOIwIS.. In order to induce Ottl~iER to-enter it#to this ~greeanent CON'TRt~CTOR makes the follo~~ing representations: 7: L. Ct~NTIiAC'CflR has familiarized itself ~~.ith the nature.atidextent cif the Contract I?ocuments, 4~ork, life, locakity:,,artd all local conditions antl.C,azvs and ReguIatioris that in ariy manner may affzct cost; progress, perforniance or fttrnisliing of the Work: 7.2.TIYs spacz`eft blank intentionally. 7.",. CC}i~T.RACTOI~i has obtained and carefully studied {or assumes responsibility for obtaining. and carefully stztzlyiit} all such examinations; investigations; explorations, tests, reports and studies {in addition to or to suppletnznt Those t-efzrre~l to in paragraph 7.2 abode} s~hich pertain io the subsurface pf physical Condit°tons at or coi~tiguc~us to the:s~te or otliei~vise Wray a#~'ecf the cost, progress,. perfot-taitce or furbishing of the ~t~ork as CC)~ITR~.CTOI~ considers necessary foe the pzrfc~rtnance or fumi~hing'of the Vlrark at the Contract Prkce, Zvi#hin the Contract. Time atld in accordance with the other tens and° conditions of the Contract C?ocuments, Including specifically the provisions of paragraph ~. of the General Conditions,.arid no additional examinations, itrvestigatioxis, e:fploratians, tests, reports, studies or similar nforntafion or data are or will bz required by COfiJTI~A;CTC~Et for such purposes. ' ~ 7>~l: 'Chic space left blank intentionally. 7.5. COnTII~ACTOR has. corielated the.. rzsults of ali sucl'< observations, exantiriatiot3s, rtve5tigaforis; explorations,-tests, reports and studies with the terms and condotans ofthe Carttract 13ocumznts. 7.6. COn1"RACTOEt ltas given. (~~i `Eft written notice of atl eoirflicts, errors or discrepancies that he has. discovered in the Contract Octcunients and the written rzsolution thereof liy OVJv'~l2 is acceptable to CONTRACTl7lt, ARTICLP+t. $. CC}NTEtACT DOCLIy[E~TS. T'he contract I?ocuments ~vlich con~pt-ise the entire r~green~ent lietu=zen OW i~t~R .aztd COhITR~ICTOE~ conczming the Work consist of the folloGVing: .l . This Agreement consisting of ~ pages. 3.Z. Cad~ibits #o this Agreement identified as: Biddez•s 1'Vlection.l~ornt, Unit Price Schedade, FEi11A ypplenient; Ethics Statemenf, illicit Discharge Vi~rifcatitin Agreement, documents ~Q1, 502,63#}; fi7{l, .G$t} (a & b.)t 690 & required Certificates oflnsurance inetusive ~, Perfotxnance Bond, ifelected, cartsisfing of 2 ,pales {plus Po«er df~ttomey Fflrms as applicable}. 8.~. .notice of Award. 8.5. General Conditions consisting of 33 pages. 8;b. Supplementary Ct~nditions consisting o.f 11 pages.. $,?. Specifications can~stng of 2:pages. ~, ~,,- $.8:. This sgace_left ihtentionall}~~ blatYk: ~~ , " AGREE~~tEivT f . t tr20?3~ Q{7~4Q-~ • 1 i l i i 1 8.9. Addenda numbers 1 to 1 :inclusive. 8.1f1. CGr'*1TIt~CTC}l~'sl'roposalconsistittgof 33 pages.. 8.:1 J, The folloYVing c+rhich may be delivered or issued after the l~ffective Date of:the.r~greenient and art riot attached Hereto; ill Written ~,mei~d-rents antC other documents amending, modifying, or supplement~n~ the Contract, Documents pursuant to para~r:~.phs 3_=1• arid. ~.5 of the General Conditions: 8.,1?. The documents listed under Areicle 8 above are attached tq this Agreement :(except as expressly noted otlterivise alcove): there are no Contract Documents other than those listed above in tits Article 8. '1`ia Contract Documents tray only be amended, atodified or.si~pplemented as provided in paragraphs 3.~ and 3.5 of the General Conditions. ARTICLE 9: 1~11SCL1.~Al~iEOU"~. 9.1, Teens used in this_Agreetttent ~~,~hicit are defined in article 1 of the General Conditions will have the titeanings indicated in fhe General Conditions: 9:~, except as set forth i:~'the folloy~%ing.subparagraph,tti this Section 9:~., na ,assignment by a party hereto.. of any rights under or ir;t~rests in the~Goniract Documents ~vitl be binding on another party E3ereto 4vitlout ehe «fritten consent.of the party sought to be hotted, and specifically but ~vithot~t limitation moneys that:rilay become due and`zi~hrteys tl;at are due tna~ not be assigned cvitltout such consent (except'to the extent that Elie effect of t#tis restriction ntay 1te limited by la~uj, a.nd unlesssla~cificali}~ stated to the contrary in.any written. consent to .an assignment rift a~signtnent will release ar discharge. the assignor from any duty or responsilii:fi{y under the Contract I7ocutnetrts. The afot'etientioned proltibitioit against assgsttttent shall rtat be' applicable to the assignment by the CJwner to other govemtnental entities or agencies of arty or all of the Contractor's warranties and guarantees as set forth iti ,article l of the Standard General Conditions of the Construction C~intract, as amended by the applicable ~uppterrientary Conditions, which are incorporated as Contract Docutiients itt this Agreement.. 9 ~, UWi~IER and CONTR:aGT'OR. each binds itself,. its partners, successors, .assigns and lega] represen"tatives to-the other party hereto, its partners, successors, assigns and legal representatives in respect: oi' all covenants; agreements and obligations contained u1 the Contract bocuments. ~.~. A person tit aftal:iate wlto has been placed on the-convicted vendor list follotiving a canvictiotZ fttr a public entity crime. may not stibttiit a Bi.d on a Contract to provide any :goads or services to a pti$1c entity, may that submit a Bid. on a Contract ~vtli a .public entity for the construction or repair of a public bt3lding ar public- tivarlC, ntay not be asvarded.or`perfontt t~JOrl€ as a Contractor, Supplier, Subcontractor,. or Cortstaltant under a Contract kvitlt arty public entity,, aiid. may r7ot transact business with any public entity in excess of the threshold antount provided in Section 2$7:1717, Florida Statutes, for Category Ttvo for a period of.36 irtotitlts from the hate of:being placed on the convicted vendor list: 9.5. The Contractor does hereby agree to the Wort-disclosure provisions of Gltapter t 19 Florida Statutes, for arty building plans, blueprints, scherriafc drawings, and diagrams, including draft, preliminary, and f nal formats, tvliich depict the internal layout and structural elemenCs of a building,. arena., stadium,. water treatment fatilit}!, or other structure being ~nnstructed pursuant to this Agreement for the Clwner. ARTICLE 14: l~`Dllvl,~illyICAT14N. lfl:l. The parties agree that l% of the total. compensation paid to the Contractor for performance of"this tlgreetnent shall represent the specific consideration for.the Contractor's indemriificatiort of the {~~vrier as is set forth in Paragraphs 6.:it? artd o.~ 1 of"..the General Conditions, 10.2: It is the specific intent of tFte parties hereto that. the foregoin; iridernnificatctn co:ri.plies latch Section 72,x.06: Florida ~tatates. It is further the specific intent and agreement of the parties that al} pf':Ehe Contract r ~` C rc~n.#- t Attest: Attest; ~~-~ r'iddress ft~r Giving notices Address far giving notices Daeumen#s on this Project are herby amended to inclade the. foregoing indecnni~cation -and the ".Specify Consideration" therefor. IN ~'J[.`I'i~IES 1~FIEREOF, OWNER and COi~I'I"R:ACTOI2 have signed this A ement in triplicate. Qne cattnterpart caeh has been delivered to fl~V~IFR and GQ~ITR.ACTQR. l~arthern Palm Beach County . flWitiCEIt linpravement District. CC)NTItACTflR C tai rnent Co. Inc. n {I=~~) ~c~~:e--~-t C~`~P(JRATE SEAL). 3S9 Hiatt Drive ,Palm Beach Crartlens. F~ 3~4I8 l t~2~D8 License Ala. t~ ,~ [ ~~, Agent far service of prcSCess: {If C(~ RACTQI2 is a corporation, ttaclt evidence of authority to sign.) l~hiD ©F SECTIt7i`t AGREE~].ENT Q~~UOmm~ ., b.+._ l~l .i i '~{'.' i 1 ~~ i l • F1:l~IAI,ZZE>1 1~NIT PRXCE SCHEL}ULE General Services Contract Base I3id summary CI-a~'1:quipent Co Inc. 2009 1<stim aEed Tatar Estimated.. Item 1~xot Item Unit #"~u:~ntity Ifni Unit' Price Unit Price 1. Retnot{aI and leis osal of 4" thick cr~ncrete l,ut}4 SF ~~:50 $x,541};{}4 2. Removal and Dis osal offi" thickconcrete 1;400 5F .~3.Q0 ~3,t3(~t};{iQ 3. Installation of ~1" concrete with wire 1,044 SF 55.50 55,54t}.44 ~. Installation ofd" concrete ti~rithout ti~=ire I,04{3 ~F X5.04 ~S,{7©4.44 5. nsta attort of . concrete wit Pa ~tpropaf ene fiber mix reinforcement 1,€}04 SF 55.4 55,504.00 6. nsta attctn o ' : coz?crete Ott po ypropy ene ~ber.~nix:reii?foi•ce?nent 1,040 SF 57.25 57;250,04 7. lizstallatori z~fCt#` concrete avitl7 i~vire 1,400 SF 57.25 5'7;2St1,04 8. ~i~stallation of 6" concrete without wire 1,044 SF 56.50 ~6,5{lC}.40 9, installation czf b" Pervious Concrete 2.;004 SF Sfi5.44 515;400:44 14. Installation of-8" Pervious Concrete 1 044 SF' 520.00 520,004.40 11.. Sup Iy 1DgT Concrete Bum erGuard , 54 5240,40 ~ 14;04404 1.2. Installation of FDC1T Bum er Gerard 50 EA. 575.00 53,754.Ot1 lam. Installation of ~lA co~~nPliant detectable surface 240 SF TORO ~1,404.Ot7 1~1. Su ly and It?stallatiori of AI?A cantptiant alurni 200 1..F 554.04 55,440.,40 15: Installation of FDCiT T}~ e'A' curb - by hand 1.,404 LF 535,00 535,000.04 16. Installation ofFUflT Type'r~` curb - by macl?ine 1,400 LF 50,40 534,440.40 17. Installation ofFDt?T T e'13' curb - by hand 1,444 LF 535.{30 535,404.40 2 8. Installation i~f FDOT T e B' curb - by Fnacl?ine I,400 LF 534;40 53.4,404:{34 19. Installation of FI70T Ty c'b' curb - b hand 2 X004 LF X35.44 535;040.44 24, Installation ofFDQT T e'D' curb = b machine 1;444 LF 534.44 534,40(}.46 2I. Installation ofFDUT Tar e `F' curb - try hand 1,004 LF S3S.[10 535,400.OQ ~~,. Izistailation i~f FT)QT Ty , e'E' curk~ - by machine 1,fl44 T~~' S3t3.0(} 534,444.00 23. Installation of FDOT Ty e'F' curb - by hand 1,(ltl4 I,F 535.t}0 515,444,04 2~1. Installation ofl~'DOT Type 'F' curb - by macl?ine 1,1344 LF 534:.44. X34;444:44 25. Installation ofFDCJT Valle Gutter - b hand 1;004 LF 535.44 515,044.44 26, Installation ofFi~bT Valley Garter - b machine 1,444 LF ;530:04 514;404.44 27. Installaiion~of FI~C}3' Shoulder Gutter - by hand 1,400 `LF 54.04 S1+3;444.40 28, Installation of FDO'i' Sl?oulder Gutter - b niachi 1;444 LF 535.00 535;044.00 ?9, Installation of FDQT As haltic Concrete curb 1,444 L;F 520.44 x,20,400:40 34. Installation of 15"diameter RCP 200 LF " 584.44 51.6;444:40 31. Installatiari of 2 8" diameter RCP 244 LF 585.44 51.7,004:40 32. ' Installation of 2~1"than?eter RCP 240 LF $95.44 519;I}4{},44 33. Installation of36"` diameter":RCP 244 LF 51.54.04 5,0,4110.44 ;~. Installation of 15" diameter IiIaPE pie 200 LF 573..04 515,000.04 35. Installation of 18,. diarc?eter HDP.E i e 240 LF 584.40 516;,044.44 a6. Installation of 2~1" diameter HDP.13 i e 2114 I.F 590.40 :518,004:04 37. Installation ttf 36" diazrieter I1;DPIr Pie 244 LF 513fl,04 526,444:00 38. nsta anon Q: tn~tere en section or diameter RCP 10 EA 1,8U0.00 518,044.04 ~~ ~~r~> `ff .. , , ~. - ~~ ~ ¢ • n 1 i 1 General 5~rvices Contt`act Base Bid Sutnrrtary Chat Equipment C4 Inc. 2449 Estimated Tote Estimated [fern ~o. Item Unit Quantity Uni Unit Price Ilrrit Price 39: nsta anon of m,tci•e en section or ~ diameter HI~PB "ipe 14 EA 5`1,74x,44 ~17;a"~a.aa ~x. nsta atron of mrtere en section for diametcr HDPE i e 14 EA ~1;~0a.4o 519,40x:44 4I, nsta atron of rrrrtere en sectrorr :or diameterRCf' la EA 52;{}4x.00 24,a0x.44 42. sta anon o mrtere" en section or ' diameter RCP 14 EA .52;340.00 523,4xx.00 ~,. nsta atitirr oY mrtere en sectratt ar diameter HDPIu pipe 1x EA 52,24x.04 522,aU(l.xa ~4. Ren~tival dis sisal. afsail to im lenient irnprov 3;x00 CY .~b:44 ~ 18,4ax,x0 A~S. Su ly, lace & cort~r act clean'filI 3,4(14 <CY ~14.xx 530,€ix4,aa ~1~, Supply ~ :installation of riattisal stone rips 244. - Ton ~ 125.44 525,00a:a0 ~.~. Supply & anstallatror7 Qf I3rCilCt;n Cancret~' ri rap . 244 'Ton $125.(}4 ~;4c~4.x4 a~. u Iy ~ ,„stall Sand-cetrrent ri ra zao CY ~54a.4a ~14~,a4a~4a ~:9. S eclat s.aav cuts for avernent concrete 2U0 LF 55.44 51,Q00.44 Sa: err'IOVa rS~10Sa TJ C:xrs#rr2~ rrvetYrl~ Cif Yert pi e .(and maferial) 10a LP 554.44 55,044.00 5.1. , Su I ~4c.installation of Bahia Sod - u to 14x4 (,040 SF X1:04 51,044.44 32. Sup !y & installation ofBahia Sod -over 1 a4a 20,444 SP' S0.7a 51 a,xOQ<00 53. Su , , ly &,installation of)4loratarn Sod - up to la I,(ltlfl SF 51.14 ~1,14a..40 5~1. Su ly 3i installation. of Floratani Sod.- aver 20,400 SF 54.85 517,x04.a4 55. Sri Iy & installation of FI~UT Seed ~4c gulch 20,40t} SP ~a.5{3 ~ 1 O,t144.00 ~~> urnrs ~ operator, ater nic an agate o . or Seed Mix. 100 HR 5ba.0a ~6,a0{1.4a 57, 1±I~C3'I Guard I2.wil ti~=ith no end treatment l,(}t)a LF ~4a.aa ~~4,00'4:Oa 58. FDQT Guard.Rail ezrd:treatn~ent l(l EA 575a.Ox 57,54x.x4. 5.9. Canal..E.xca~atian (sand & silt} 5;040 CY 51:5.40 575,044.44 6a. Lake /Canal Bank ltestcaration. S;a44 SE 524.a~ ~1aQ,{?44:a4 G1. Lake f Canal hank Vegetation Removal x,404 SF 52.xx 514,404.00 62. 1v1ill existin Pavemen# (3!4"-I" av~) 1(};x44 SY Sa.4a 530,4t}.t1.40. ~~: Pavement Re lacerrient ~~it i" T e S-III 1,40x SY 512.4a _ 512,44a.0a ~i~l, I?ae=ement Replacement ~vl 1 tit" T}t e S-I 1,404 SY 51.5.44 S! ~;aa4.f}a 65. Pavement Replacement ~vf 2"' Type'S-I I,anO SY 518.44 ~:1 S,{?44.40 66. 6" Limerock'Base, LBR-104 1,404 SY SI8.a4 518,:440.4a 6?, 8" Lirrrerock Base, LBR 100 ,)7orible Course I,000 SY 522.4a 522,444.00 68. A~ljusi ivianhole to made 5 EA ~:754.xx 53,754,0x 69, Install '12" ADS-`~-1.2 :Pie l,a0x FT 535.44. $3,444:40 74. Brick Paver Section Insulation er i~IPBCII} } 044 SF 514A4 53x,044.a4 71. Trufstone Section,lnstallatian per I~IPBCIL? 3,404 ; . ~ 512.44 536,44x.40 72. Installation of 6" Iron pipe Gate( set in.30" dia, ~2" deep concrete) -with ~" Prairie (1~" to 2a' ) an;I Lock Assernb! ~ ~~£in~ Sections. 5 EA 55,4a4:x0 525,a40'A4 73. lirstallation of'T}tpe '`C" Inter with Traffic G~•ate .5 EA 55,4001,40 525;440.44 7~. nsta atron o tarn 10 EA ~3,{laa;0x 53a,Ox4.44 [Mobilization sha l be included Yn all unit prices.] TOTAL: 51,6' ~,Ca0.44. ,. ~ p#~- ~~ €Td~ i~~,t~. ~~ _ 1 3 t ~~ '. L. tL ..~ s•.7 C~: rw ~".~, .~ a, y +^ .. r~ _ J ~ L L s 4 CT C~3 .~ C1 G a }_• ,~,, _ L1. ~ ~ V ^~ G- ,~' .~ ~. ::1 ~ C ~ ~ (~ ~ tC" f3 ~ L6. L3 4'1 '~ CS ~ '?~ t;f. v :~ ~ :~ " .",1 ~. SV f.S .f3 iC 'Cv 'C.S "~ '"' t3 cJ , L .-. «. 'L: -. L ... L L .-. .-. L L in L L i. 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'4,7 ~ '~5 f5 5,~ GS' QI ta~ ~U ^..2 ~J 43 'PJ ICJ ".;k 7 G) +s} 43 a1 +U *~3 ':J ~~. is .E.l Cl 4} tl ';+J C7 ~ 0.1 :J ^7, :3 tl eJ "d.t G:} tr} C? ?~ J ?J 33 q) ~"_5. 'li 3 3 3 '> ~ 3 3 3~ 3 3 3 3 3 3 3 3 3 3~ 3 3~ 3 3 3 1 0 0~ o 0 o cy o o. 'ca c~ :~ ~ o O 'ca o n o r~ :~ o o c~ o' ~ o O o ca. ~ c, o c.~ a o 0 0 0 0~~ o~ o o O o O o o~~ o. ` 0 o ci o ca o 0 0 0 .o ~ c? c~ ei ci c 'ca ci ~ ci c+ ~i ca 'c+ ca c+ o O O C7' C:J ~ Q O O' O O 'O 'C? L'am' 'O O G'....O O 'O O O O, C? O' O :;J O .'7' ~rnvtiOO~~~~~,~ o~ctcsoo?crvoc±unoao~~r r~~ , {~ fi1 P*i N1' cS. -, - vs Cd N ~ v~` N c*f d= f-~ r+1 ^~ :7 --~ = ~t titi ~ df3 ~, "~ ~3 ~ El3' 'v9 b? ~ ?9 'fA &9: cR "~ '~/3 -Y~ SA El~~ &9 Elie ~3 ~ bF3 iA sf3 ~ tii rJ J 4} N ft? C.k 17~ 45 ;~ tJ ~c?: ~ ~ Q? fJ ci ^J e~ ~ U ~ rJ q7 t3 J J :il '.t) W "J YJ fi>~ Ql 0? :} 3I ^J ~ 61 :J +.~ ~' fi7 J J J ''J? J ^J o~ J :J ~ Q.i 3 3 3 3 3 3 3 3 ~.~ 3 3 .3 3 3 3 3 .r X 3 3 3 3'~ '3 3 c3' ;d cd rf }~s r3 cC :y' cG c3 ~ 'c3. ~:~- r~ ~ cy e3 ~cf ;~ c1 ~ .ca aS ~s ;y' :y f~ Ly L L .-c. ~n ... 'L... L :r ~ L .5:. L 4 i.. L .r ... L ... 4 L ... it ~` ~ N N x!l 1.. i.. L. s: L. 1..r L 1.r .L L 4 4. L ~ L L 4 L S_, S.. L L 1.i ~ ~ ~ ~ ~ ~ ~ 7 J 3 ~ r'li .7 ~ J ~ ~ J. ~ ~ ~ 7 ~ ~ =t ~ C7 C~ L7 '.O Cr ' 0 o a .r~ a a a a. a a a a a a a o a a a a o a a~ a a o o~ c7 0 0 ~'7 O O 0 0 0 0 ~G'~ 0 0 0 0 0 0 0 0 O. O.O 0 0 0 0 0 0 C7 O O O. O O O G7 O O O O O O O~ O' O c3. 0 O O. O O O' :^ O G>. O v7- +t'1 .~ i+'} O O u'i +r+~ O ii7 C7 +!i O tr'i v7 itt O Ca O O t!1 O O' :trj aI'z O pit h- C'~ {'~' iU. ~/) d` C*t N '<J. tv O hi Lr1 C^•- (`t d' r!'i d` ~i' M 'N t+'~ d' -.• .~.,. d~ N b4 5A ~ aFt ~} ~9' ~ ~ bS &~3 ~ ~"? ~;' Sf3 ~ C~4 ~ 6H 6;3 5K1 ~ ~ &4 £.4 ' E!i 6f} ~ t~1 Cl} '~1 ~ zz~z L f.. L+ L L L 1.. L L Le L Zy L. L L. L :.: L. ... s:, ~ ~ ~ ~ ~ 7 ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a ~ ~ .: ~~ ` 0 o a a cs a a o o a a s o~ p o a a Q a a a a. o a a a a = u e~ v ~~~~~~~~v~~~~~~~.~~~~~ ~ ~~ a, ~o~~c .-: 0 G~ ... ,r ~ O rh'" ~ :S O~ V ~' U 3 :~ .r.. ~ .3, ''3. Q'. ~" - " O O .~ ~ -- +~ . .ti ~.. ~i sn v~ ,~,~ . ~ U J ~ ~ ~ .,..~ ~ ~ ~ ~ ~ ~ :a+3 . " L "- "'*i ~ 'sSi. ~ <!1 4 y ~ C!3 ~ . ~ tl ~ .STS u r ,M, U ~, r ~ y '~ C3 n '~ ~ ~ ~ ~ ( ~ ~ C ~. 3 a L~ . ~,.~.. ti L1'' ~ C~~ CC ~ ~ - ~ ~ ~ ~' 4' ~~~ i~. G. ~ ''~" ~, ~ ~ l..} ~ . t3 ~ ,v.. X ~ :d -^" ~ a L n.S ~ a i . ' "7 v L `C3 ~ a 1" ~ J , Y ~"-~ ~ j ' --- L a. J ;.'f i3 :.] C iti ~ ~ 9.1 a ~,_,' (~ 'a ,~ `a Q7 ~ ,~. C> ~. C9 .- ~" CL .~ ~.} ~ J : ~ J rr ! -e ~ ~ . ~ .fl L ~ L :~ tC `n ~ r J . .~ ~ G C+J ~ fiJ .... ' +'" AS :... „ ~ ue L ~ r T" .,, .- ~ .s . ~ . + _ 'U ^ J. . ~ ~ `~ ' ~ ,.. ~ r M. 4'S ~ 'J3 L*. ~ y C!] ~ 4~- ,y {f} eJ s ., ~, e, ~ . Q L ..., l7 ~ .~ `-~~ 7' ~ ~ C. s^.i ~ 'n Q' c .+ :!) ~ i Lx., 3 ~ s.. J}. . ,^_ v-~ \:5 'C~,i x3 "v"~ O ^< h1 sn d' v5 ~L7 i^~ 53 G~ O -~ CJ M b- +~+1 "J ~ ~ ~~i O C7 O (~°~ C~ C-•,,,. C~ C~ G~ G/~~ ~J Cd s/t ~d +7Ci .X} :fJ b~, v ' ^.,.f1 ~C'~ ~. -~i, t?r fT `J'~ tiff 4t •~, ~ .c~!' .Ci L~ t, ~~, ' ~~ ~ + ~~` A ~~~ PRICE S~~EDULE .NO~i~,~I~tJEME~T ~~1•il 22; 2009 r~ u l~Clbe2-t H. ~~1~llt C11aZ l1C]iill}lll~llt l.~{a, Tt1C. 31:80 ~airlarie Fauns l~.oad, Suite l 17Je11in~tt~n,1~L 3~~14 l~;.l : Getler~l Sel~uices Cotltr'act Unit 4fL~evelopment. Ivlii~ti By illy sinature'~eir~~v 1 aclcilfl~vledge that the attached l iilalized. Ilriit Priee Schedule ~vllicll is for the re~`erenced c~ntxact is a col-rect and tl-cle repl~eselltatic~n :of crux bid tabs as sublriitted, ~~~-~ay ofd i , 2009.. Cllaz Equtpr~i~;ilt Ccr. inc. f' r Title • cagy Qf ori~ii~al bid labs & Finalized 7~nit F'ri~eSc~~d~1e atta~c~hed `~*>fizid f '_""-`, Page 1 of 1 ~, ~~ MEMORANDIr~ TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Fublic Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGFI: David T. Harden; City Manager DATE: January 22, 2010 SUBTECT: AGEI~IDA ITEM_8.L.2 -12t1GI7LAR COMMISSION MEETING OF FEBRUARY 2, 2010 PURCr-tAS~ AwAR~ ILINE-TEC INC ITEM BEFORE CONI]YIISSION Approve a purchase award to Line-Tec in the amount of $95,589.00 far installing reclaimed water meters and connecting customers on the Barrier Island to the Reclaimed Water system. The quote utilizes existing contract prices under a current City of Boynton Beach bid for "Supply and Insta]lation of Water Service Connections & Restoration", Bid #023-2821-09iJA, active through March S, 2010. BACKGROUND The Area I IA Reclaimed Water System project was completed last August 2009. The project consisted of installing transmission and distribution piping for conveyance of the reclaimed water product throughout a portion of the Barrier Island, from Lowry Street north to Beach Drive. The South Central Regional Wastewater Treatment Plant has received their permit from FDEP authorizing the use of the outfall pipe for reclaimed water delivery. We are now permitted to connect customers to the system. Utilizing prices from an existing contract with the City of Boynton Beach, Line-Tec has provided a quote in the amount of $95,589.00. The scope of work. consists of installation of meters with associated radio read devices {City furnished under a separate purchase award}, modifying the customer's existing irrigation system for connection to the reclaimed system, and installation of backflow devices onto the potable connection. The quote is based on an estimated 160 service connections. The purchase of the meter radio read devices (Senses mode] MXU Dual Port Touch-coupler) is under a separate agenda item. FtiFlYDING SOURCE Funding wil] be from account #441-5161-536-49.23, Water and Sewer Fund1 Reclaimed Water Distribution System in the Iota] amount of $95,589.00. RECOMMENDATION Staff recommends award to Line-Tec for installing reclaimed water meters and connecting customers on the Barrier Island to the Reclaimed Water system. http:llmiweb001 lAgendaslBluesheet.aspx?ItemID=274&MeetingID=231 1 /29/20l 0 Estimate Date Estimate # Professional Underground ljtility Contractor 112012010 2?S2 241 NW 18th Avenue (Delray Beach, Fl 33444 ~ Ph: 561.374.9494 ~ Fax: 561.?37.3827 (www.linetecinc.cam ., .~ Name I Address City of Delray Beach 434 South Swinton Ave Delray Beach, F133444 Terms P,{}. No. Project Net 30 Reuse Meters Description Cost Qty Total This estimate is far the removal of 160 existing irrigation systems supplied by city water and reconnection to new reclaim meters located at the property line. Work wi11 involve excavation of existing meter box and irrigation connection, Directional Bare an estimated ?0' {size varies} of PVC pipe per house installation, installation of check valve and connections to houselirrigation . The project is located at various locations within Delray Beach. The estimated meter sizes involved are as follows 25} 3!4", 98) 1 ", 33} 1-112" and 4} 2" reuse meters. This estimate is based on are annual contact with The City of Boynton Beach Bid #023-2821-0917A Expires March S, 2010 and wi11 only be billed for itemlQty installed. N©TE: All check valves and MXU's far this project shall be supplied by the City of Delray Beach. SprinklerlHouse Connection {Line Item #1) 300,00 160 48,000.00 1 "SCH 40 PVC water service pipe, furnish and install {Line Item #2} 3.00 3,380 10,140.00 1-114" SCH 40 PVC water service pipe, furnish and install {Line Item #43} 4.25 4,468 18,989.00 1-1/2"' SCH 40 PVC water service pipe, furnish and install {Line Item #44) 5.00 2,12? 10,635.00 2" SCH 40 PVC water service pipe, furnish and install (Line Item #4S) 6.25 356 2,225.00 Installation of MXLT on meter {Line Item #3$) 10.00 160 1,600.00 Hourly labor rate to install check valves, one hour {Line Item #16) 25.00 160 4,000.00 This estimate covers all labor, equipment, materials and restoration costs to complete this project, excluding any asphalt or concrete patching. Total X95,589.00 Signature -12- C s STANDARD FC}RM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of , 201E , by and between the CITY OF DEFRAY BEACH {hereinafter ca##ed CITY) and ~#ne - Tec {hereinafter called CC3NTRACTt}R}. WI'fNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set faith, agree as follows: 1. The undersigned CC}NTRACTC}R hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to aII covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the jab requirements. The CONTRACTOR further acknowledges that the bid price #nc#udes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR shall include the 1._.J following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT {S~ Standard Form of Agreement Corporate Acknowledgment Certificate #nsurance Requirements Sample Insurance Farm PAGE NUMBERS 1-5 6 7 8-9 '# 0 -11 pa~~ ~ } CONTRACT DOCUMENTS (cont'd) Drug Free Work Place Certification (if not provided in other bid) Performance/Payment band Proposal Bid Documents (other agency) PAGE NUMBERS NIA NIA 12 Exhibit A 4. The term of this contract shall commence upon execution of this agreement by bath parties and shall continue for a period of 120 days 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered ar mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: dine -Tec 241 NW 18~h Avenue Delray Beach, Florida 33444 (772) 374- 9494 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to became due without the prior written consent of the CITY. ~~ Page 2 ~, k 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00} and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY}, recklessness ar intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of an im ro er materials. CONTRACTOR a reel that ne li ent, Y p P 9 g9 reckless or intentional wrongful risconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, ar costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. l___J Page 3 } n The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars n and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. 12. The Parties agree and acknowledge that the CITY is "piggybacking" off of n the contract between Line-Tec. and City of Boynton Beach, Florida ,and that the terms and conditions of that agreement shall govern unless they are in conflict with the terms and conditions of this Agreement, and in that event, the terms and conditions of this Agreement shall govern. Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Mayor Approved as to form: City Attorney WITNESS: CONTRACTOR: BY: C (Print or type name and title) (Print or type name and title) (SEAL} Page 5 C4RPURATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by (name of officer or agent, title of officer or agent}, of {state or place of incorporation} corporation, on behalf of the corporation. He/She is {personally known to me} {or has produced identification) and has used his/her identification. {type of identification} as Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Pala 6 CERTIFICATE (If Gorporation} STATE OF FLORIDA } } SS COUNTY OF } } HEREBY CERTIFY that a meeting of the Board of Directors of _ a corporation under the laws of the State of held on resolution was duly passed and adopted: 20_, the following "RESOLVED", that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Gorporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREQF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20~. (Secretary) (Seal} C Page ? u A. ENERAI, During the #erm of the contract with the City, the cantrac#or shs11 procure anti maintain insurance of the types and to the limits specified in paragraphs (1 } to (4}inclusive below. 8. Ct}VERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for alE employees for Statutory Limits in compliance with the applicable Mate and ~ederai Laws. In addition, the policy must include Employers' Liability wi#h a limit of $10Ct,0~0 each at~ident. 2. C,ompr2hansiva General Liability - Cc>vetage must be afforded on a form no more restrit~ive than the latest edition of the C,omprahanslve General Liability Polley filed by the Insurance Services {office and must include. a} Minimum limits of $3CN?,OQO per ocx±urrence combined singla limit for Bodily InJury Liability and Properfy Damage . [.lability, b} Premises andfor C)peratlons. c} Independent Contractors. d} Produr~s andfor Completed C?perabons. e} No exclusion for Underground, Explosion or Collapse hazards. 3. $usinass Auto Policv -Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service office and must include: a) Minimum Limits of $3{1Q,C~ per occurrence combined singly limit for Bodily Injury Liability and Property damage Liability. b) Churned Vehicles. G~ Hired and Non-C)Nmad lehicles. d} Bmployer f+1on-Ov-mership. ~4. Certificafe txf Insurance - Cerfifica#es of aq insurance e~rldencing the insurance coverage specified In the previous Insurance Adminisfratcx prior th t~smmencement of work. The raauired certificates of insurance shell riot oniy name the types of policies provided, bu# shall also refer saeafically to this bid end secdon and the abgve paragraphs in accordance with which such insurance is being famished. and shall. state that such insurance is required by such ragraphs_of this cantrac~. Tha successful bidder will Include the City of Delray ~~ ~_~ L Beach as additional insured. If the initial insurance expfires prior to the completion of the work, renewat certificates shall be fumfished thirty {3Qj days prior to the date of expiration. Also, under the Cancellation section of the Ensurance Certification the works "endeavor to" and "but failure to mail such nofiice shall impose no obligation or liability of any kind upon the company, its agents or represen#ative" shall be crossed rout as indicated on the attached "sample of Insurance Certificate". • ° ~~`ta-~-„ CERTIF~CA"'~E O~ L.~1Bl~.FTY fNSUFlANCE °"'~""' ~-s. ae o~ os ONl~.Y AMID Ca14fER8 Na Rli~![i'S l3Pplt 't7lE CERtB~TE Dt.V. Soh~aoa J-~g+eatq. Iaa. (JCdC} HQLDR~.'~C@ITd:ICAT~OU~SlIOTAI~gEX1'Et100~ ~a~x a oceatn 3.lvd. /IF.T3R ~ CtaM1R~At#E AfirCtR~ 8Y TlIE PEltlGBt 8aaw 3fiwzzt ~ 9996 L+home:77S-287-3368 l3ixs792-287-4139 B~I~B!lR~iBAEFaRae~tGCai~RAtEEt° - MlAiCR +~ Y-OCI Znaarauce 2a14x aias~a !mac 1 ~3s~is7 i~o. NMY fF3CENV, 7fE tati411+dE /1FFt'8Y TFir PClLICE'SD t6~w/ f56t6JECT T3aL17HE 2EANS, EKi3161QiiMID00iXiipeSCF S1CN PCtl~8./4~IE tawifl6 i~'IQMIM 1141'tI4VECi<H~tfD@XPAIQC1JIfML. LTR T1fPECFr~ANCE '~ t~1tE ~~ t:tlViWetml ElKNQO[1 ixrad~ dOG a a a5-.rt r.~aobtt.tuatsr e~raoxsxs o3f3alos 83f31/49 ~ i xaa o00 rums ~ooarc ~~w~ra.a s5 Oao vrrta~xxwuer ixrO0ar0110 S 02033-~ aa~ tw~E i2,o0o,000 6t4fLATEti~9YTAPPt7ESPElt PROGt1C1L*-CT%IFYCIPK.'G i2raa4,000 ~+gcctcY toe i a AYiC~1OBMEL'J18L11T ,wYpuro caoooo744 os/3~.foa o3/~xroo Qdi6YirD(.~T ~•°~ =1 r~~~ ~ 000 ~. ~ x ~ ~ # ~ ", : aIClAOE141E~.1~Y ~ AtlrDO1LY.Eh i rMrrupn a~„~,,, ~,bc : wtmcM.Y: !C~ i weim aacx iz,oooraoo a oc~ ~aurs.c~oE o~oo3ss 7 o3/3xfas a3f3~fo9 ~ _ i2 aaoroca _ ~ aear~cc i isa aac ~ rat,xwa4+ra to~t,rtans ~ ~ ' n ~ °'°~` `~`°"~" ~~77x asfsxfas a3fs1/os ~~+r ~:sooooo aFr•~suo~a e~.oss,-Ew~.rn~ i socooo SPECU1tIRDIR~pFSaat.r Ez.aa-POUt'Ytirr i5dQa01~ an~c a tgaipmeat l3aatex C~+SDOOiaa7 83flifa8 a3/83,fo9 sri~l.t 87Q,004 all zia1~ 3.ara. ttap~ d~ect $x r aQ0 r i SO daps aatioo o! C~SZAt~.dm toz xeFZ~cexrs Cs~aasatioa oav. Caepaaiaas have ttse oyptinaa ~ motel S8 day8 2or aos-pay~tt. Cite o!' l3t+].z+sy- geBCh is Bated 11a additian~a~t iasnrrd ~S aorm t782a33. Cpt'TIRICATE NdZ.CBit CJtNCBS.LA7'Nli~l ~3 aa~Wtra~aaarocz~a~a~o~~m~t~ aw,f, z~awa~s.~euaea~svK,.acc,+~rt~TO~ la+ onn,~rar m,x~HO~.e~ewaaom,~ ts7 ec-r~ns~,oooaoasuu. raty ar ssairay saao~ •rro~eonewflntramo~~wvrvn~ae~.+a.are,ms~ a.oo ~- fat ave '~~ ~~ rs 3344~i At~RD ZS (1~A011tt~ OJItYlRD CaRFORJCHt1M 1~ ~~ rfiJllr. taaw~rr~ra~ nL rs •.w.rarwn.amw.n w...w.... .... ........~ ._._. _. _._... .. C 1MPtJRTANT If the certificate hider is an ADDlTlC7NAL INSURED, the palicy{ies) mum be endued. A statement on this certificate does not canter rights io the certii~cate hotder iri lieu of such endorsements}. If StJBROGATIt7N IS WAIVE[, sut~ject th the terms and ccu~ddetians of the poficy, certain palir~es may esquire an endorsement. A statement an this certificate does rat cxx~fer rights to the cer~icate balder in lieu of such endorsernent{s). D3SCtAtMER The Certificate of Insurance on the n~verse side ofthis form does not caristitute a contrail between the issuing insurers}, suthoriz~ed teiaresentatiae ar pr~lucer, and the ce~iCflc~te bolder, nor does it af>lrrsrativeiy ar negat'wely amend, extend ar alter the cxnrerage affsxded by the palicres fisted thereon. J C 11 Estimate 3 Date Estimate # Professional Underground Utility Contractor 112012010 2752 241 NW 18th Avenue ~ Delray Beach, F] 33444 (Ph: 561,374.9494 ~ Fax: 561.737.3827 ~ www.linetecinc.com C n Name / Addeess City of Delray Beach 434 South Swinton Ave Delray Beach, FI 33444 Terms P.O. No. Project Net 30 Reuse Meters Description Cast Qty Total This estimate is for the removal of 160 existing irrigation systems supplied by city water and reconnection to new reclaim meters located at the property line. Work will involve excavation of existing meter box and irrigation connection, Directional Bare an estimated 70' {size varies) ofPVC pipe per house installation, installation of check valve and connections to house/irrigation . The project is located at various locations within Delray Beach. The estimated meter sizes involved are as follows 25} 3/4", 9$) 1 ", 33} 1-1/2" and 4) 2" reuse meters. This estimate is based on are annual contact with The City of Boynton Beach Bid #023-2821-091JA Expires March 5, 2010 and will only be billed for itemlQty installed. NOTE: All check valves and M3~LT's far this project shall be supplied by the City of Delray Beach. SprinklerlHause Connection (Line Item #1) 300.00 160 48,004.00 1" SCH 40 PVC water service pipe, furnish and install {Line Item #2) 3.00 3,3$0 10,140.00 1-1/4" SCH 40 PVC water service pipe, furnish and install {Line Item #43) 4.25 4,468 18,989.00 1-112" SCH 40 PVC water service pipe, furnish and install {Line Item #44) 5.00 2,127 1.0,635.00 2" SCH 40 PVC water service pipe, furnish and install {Line Item #45} 6.25 356 2,225.00 Installation of MXZT on meter {Line Item #38) 10.00 160 1,600,00 Hourly labor rate to install check valves, one hour {Line Item #16} 25.00 160 4,000.00 This estimate covers all labor, equipment, materials and restoration costs to complete this project, excluding any asphalt or concrete patching. Total $95,589.00 Signature -12- • 8g/34/~@@g 0B: ~t7 5617426316 CITY 801'NTt}N BE~'CH _._ --- - --- EXHIBIT "A" ~_ ~~.~~U ,;$p~n~p>R $QUC~t ,nrrrX'r~~.~~'srrtvlers I(!0 P. Btl J`'N3'SUN ,88/JtC'H Bt)t~II.F+.'1Jr P.l7. SOX .?20 Ra~•rvavan-r.~n~t~r~ r~o.~rna :~St4~s'-I1.42tf T~L1EP'rialYrNU: tSBI.i 74,:3'-8-YlU P'Awt:: f.4YflI.743-ti31+3 At7GUST 17, 200 LINE-TEG 11VC. t 2 l 0 S:lw. FIRST .STREET BQYNTC)Rl BEACH,, .FL 33435 ATT1v: SCOTT BLI.Swt)RTH RE» t3ID: "TW4-1t~AR CONTRACT FUIZ. SiJPPLX AND INSTALLATION QF WATER SERVICE Ct}l`-NECTIOIVS & RESTOI2A'I`ION" BII>~022.282X-!!8/JA ~1'EW BI23-X821-0973A CQ-NTEL4;CT PERIOI>; Dear Mr. Ellsworth: MARCI-I 1}6, x009 t4 MARCII OS, The Bid ~Eor "TWC}-YEAR CON'1'FACT FOR SUPPLY AN,D INSTALLATION Ol~ WA',fER SERVICE C{}NT1EC"TIt?NS & RESTOI2ATItIN'" has been extended to your company under tize existing ccsntxact with the. same. teens and eondztions fox an additional y t~s stipulated within the Bid specifications, your company's original certif cote of itasurance to be provided to our Risk Management Department at ,your, earliest convenience, namin ilia t of Boy tin Beach as additional insured. Thank you for exteneling this Bid. and eve look forward to working with you for an additiona year. if you have Any questions or cottcems, .please contact .)attet. Alien, $uyez at (5b l) 742-b322 Sincerely, Carl Boppter, CPPB Purchasing Agent ~.ia LG, Les Saxkkinin Risk Management iCejatral File Tile @1181 ,• 03/07/2007 1~1+:~00 -` ~@ L..,[ tl,~ ~I • Bio at~aaBie March 06, 2007 5617426] 6 BOYNTON 1?CH FINANCE ~. ~~ pxocv~r s~evrc~s It70 E. 807f'1vTO,NBB,AL`,IX BOULEVARD P. O..8t7%sli0 ~' BOYNTON B1Et10H, FLQ,FtIDA 5346-G~AIO T'F.LBPIiON,6 N0: GStQII 748-GYIO FAJ1C: f58L 74$816 Line Tec Irtc. 12I0 S.E. First Street Boynton Beach, FI 33435 Attn: Scott Ellswoztlz PAf~ 01 BID: "T~'O-YEAR CONTRACT FOR SUPPLY AND XNSTA,1,Lq,TION OF WATER SERVICE CONNEC'I')<t7NS & RESTORATION" BID#: Oz7-2821.07/JA CONTRACT PERIOD: MARCH t16, 2007 TO MARCH 05, 2009 Dcar Ivlx. ,Ellsworth: • At the City Commission meeting of March S, 2007, the Bid fo: "TWO -REAR CONTRACT F'OR T$E SUFPLY.AND ENSTALLATION OF WATER SERVICE CONNCTI4NS & RESTORATION" was awarded to your oorrapany. As stipulated within the Bid specifications, your company's original certificate of insurance is to be provided to our Risk Management Department at yow earliest convenience, narnin~ t)~e Ci as add'tioaa We would like to thank you for xespo~ding to this Bid and look forward to working with you. A tabulation sk;teet is enclosed for your review. A Blanket Purchase Order will be issued upvxa receipt of your ittlsurance. If. you have any questions regardiztg this Bid, please call Janct Allen, Buyer, at ~SC1) 742-6322. Sincerely, / Bobby Jenkixts Taeputy Finanne Dixeetor +~z EnClOSUrt: T~bulu~On Shecl ee: ~S Serickinin 8nb ConbOy Flb Z_d Xdd 13C213SFJ~1 dH WdSZ~zT GOOZ ST JeW T'he Cx~y v, f ` Boy~t~n Beach Frorurenee»X Services Jpp E Bo,}mfo» Beach Boulevard R #?. Box 3I p Boy»to» Beach, Florida 93425-03Jp Telepho»~ (567) 742-6922 FAX: (56J) 742-6316 ~tEQUEST FOR .BID FOR T'WO -YEAR CONTRACT' FOR T'HE SUPPLY ANII INST'ALLAT'ION OF WATER SERVICE CONNECTIONS ~-1Y.I) RESTORATION ~m- # oz7-2sz~-o7ttA Sealed bids will be received in PRC?CtT1tEMENT SERVICES, City "of Boynton Beach, ~ (){? E. Boynton Beach .Boulevard, or mail to P.C1. Box 314, Boynton Beach, Florida 33425-0310 on or by: JANUARY 17.2007. No Later Tharn 2:30 P.M. {Local Time. Ends will be opened in: PROCUREMENT SERVICES-CITY HALL 2ND FLOOR unless otherwise designated All bids received will be publicly opened and read aloud. Bids received after the assigned date and time will not be considered. 'The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the I;1.S..IYlai1 or private couriers in regard to mail being delivered by a specified time so that a bid can be considered. 'The City reserves the tight to consider bids that have been determined by the City to be received Iate due to mishandling by the City after receipt of the bid and no award has been made. Any questions relative to any item{s} or portion of this bid should be directed to Janet Allen, Buyer, {Sbl) 742-6322. U The fallowing language is made a part of and is to be included. in the specifications hereto attached: If and whenever in the speeifZCations a brand name, make, name of any manufacturer, trade name or vendor catalog number is mentioned it is for the purpose of establishing a grade ar duality of material only. Since the City does not wish to rule out other competition and equal brands ar makes, tl~e phrase UR EQUAL is added. However, if a product other than that .specified is proposed:, it is the vendor's responsibility to name such a product wit}zin his bid and to prove to the City that said product is equal to that specified and to submit brochures, samples, and/or specifications in detail on item{s) submitted. 'The City shalt be the sole judge concerning the merits of the bid submitted. SCOPE OF BID: The purpose of this bid is to provide a two {2} year contract for the supply and installation of water service connections related to the 2" galvanized water main replacement program to include taps; service connections; placement of meter boxes; valves; service !Ines and restoration; along with relocation of water services, meters, and mains from rear easements to front yards at various locations within the City of Boynton Beach Li'tility's service area. Contact: City of Boynton .Beach Procurement Services 2 00 E. Boynton .Beach Boulevard Bayxtton Beach, b'L 33435 (561} 742-632-,Tanet Allen Office Irlours: MONDAY - P'R.fDAY, 8:00 A.lYi. TO 5:00 F.M. L n SPECIF']iCA'TItJNS F{~-R TWO -YEAR COl'+ITItACT FtJR 7'IIE SUPPLY A1VD INSTALLATIC?N OF WAFER SERVICE COItii~+~'EC7~IONS AND RES~'flRA~`ION This specification is for the two {2} year supply and installation of water service connections and service ]roes, to include water taps and restoration related to the 2" galvanized water wain replacement program; relocation of rear easements to front yards; and replacement of existing water mains and service connections utilizing published Utility Department Standards of Construction from the nrtains through the meter box and Standard Plumbing Code from the meter box through the building connection at various locations within the City of Boynton >3each Utility's service area, Boynton Beach, Florida Please place an (x} on the blank line. next to each item if a specification is met. if exception is taken (alternatives}, bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-of#" sheets (Pages 3-5} with the proposal sheet in order for a bid to be considered. One set of original and two sets ofcopies ofproposal. r ~ The unit bid pace for hawse water service connections at the new City installed meter and house valve includes the ]" to valve at the house connection and sod restorations t~ specific to each house ~~~ This price will be for all labor anti materials necessary to perform the installation in accordance with the Standard Plumbing Code, City of Boynton Beach Codes and Ordinances, and includes all work not paid for under separate item Also included in the unit bid price for water service connection and restoration wilt be the cost far.a]3 permits outside the City of Boynton Beach. These permits will be obtained by the Contractor. The City of $oyntan Beach requires one permit drawn for each installation within the City, and these fees will be waived. The Contractor shad provide alt information required for the permit application. The requirement for individual site plan is waived in lieu of the typical installation site plan which you wilt provide with your permit application submittal All new water services will be connected at the same point of connection at the existing house valve or service point t~trantities estimated at 350 services per year are provided for estimating purposes only. Payment will be based on actual installed quantities THIS PAGE TO BE SUBMITTED ALONG 'WITH PROPOSAL IN ORDER FOR BII} PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE _~~{~ A 12 foot wide temporary easement, the center of which coincides with the relocated water service, will be secured by the City for the purpose of this installation. The Contractor will confine his activity to within these limits `The Contractor's entry onto the property for the purpose of this installation, will be reported to the City Utility inspector 48 hours prior to such entry The Contractor will provide 48 hours notice to the homeowner by door hanger stating the Contractor's intention to begin work_ Information contained on the hanger will include as a minimum: Contractor's Name Name of Contractor's Representative Date of Entry Date, Time and Duration of Interruption of Water Service ~ / All work related to each installation including restoration, will be completed within ten (I O) calendar days of the date of entry onto any property + ' The Contractor s liability insurance will be in effect for all work related to this contract The Contractor is to submit one (l) original. and two (2) copies of their bid '~ ~~(~ The Contractor will not store material or equipment on any of the temporary easements. Equipment and material storage within the right of way shall be with the approval of the Utility Department inspector and at the risk of the Contractor_ No material will be stored in front of aay residence \~ ~ AlI trenches will provide a minimum of 32 inches cover and be a maximum of 8 inches wide and will be hand dug or performed using trenchless methodologies. No other equipment will be allowed in the yards. Any request by the property owner to either the City or Contractor that the trenches be hand dug will be honored and a walk behind trencher will not be allowed on any private properties Contractor will pravide a one (1) year warranty for a1I work and materials related to the water service connection, service line and restoration _ A daily project inspection by the City Utility wilt be made and all customers will be conrnected to the new water service before the Contractor's quitting time THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER ! FUR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ~~ GENERAL CONDITIONS FOR BIDDERS FAMIZL4.RITY WI'1H LAWS: The bidder is assumed to be familiar with all Fedexal, State and Local laws, ordinances, roles and regulations that in any manner affect the equipment. ignorance on the part of the bidder will in no way relieve them from responsibility. BID FOR:NIS: The bidder will submit a bid on the bid forms provided. Al] bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the tune of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partner;~hip or corporation in the State of Florida. AlI bid forms must be executed and submitted in the envelope (generally "yellow' provided by the City for easy identification. The bid submittal envelope is provided in each bid package and is attached to the "Statement of No Bid" form. The face of the envelope shall contain the company's name and address, bid title, number, hid date and timEe. When the bid submitted is larger than the envelope provided, insert requested information and material into a large envelope, affix the bid envelope to the outside and fill in all requested information. Bids not submitted on attached bid forms tnay be rejected. All bids are subject to the canditions specified herein. Those which do not comply with these conditions are subject to rejection. EXEC'IJTION OF BID: Bid must cont~~in a manual signature of an authorized representative in the space provided on all affZdavits and proposal sheets. NO B_iD: If not submitting a bid, r~:spond by returning one copy of the "STA~'I~V.IENT OF NO BID" in the envelope provided (generally "yellow", and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing Iist. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receivixzg date and hour. BID tJPEi+JI[NG: Shall be public, on the date as specified on the bid form. It is the bidder's responsibility to assure that the bid is delivered at the proper tame and place prior to the bid opening. The City of Boynton Beach is not responsible for the LI.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are not so delivered, will not be considered, The City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the Gity after receipt of the bid and no award has been made, Offers by telegram or telephone are not acceptable. RIGHT TO REJECT BID: Right is reserved to reject any or ail bids and to waive technical errors, or to accept any bids that are in part deemed as the best responsible bidder which represents the most advantageous bid to the City. In detem3ining the "most advantageous bid", price, quantifiable factors, and other factors are considered. This would include specifications, delivery requirements, the initial purchase price, life expectancy, cost of maintenance and operation, operating efficiency, training requirements, disposal value and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but not necessarily Iirnated to conformity to the specifications, including timely delivery, product warranty, a bidder's proposed service, ability to supply and provide service, delivery to rewired schedules and past performances in other contracts with the City or other goverrument entities. EVALUATION FACTORS: The City expressly reserves the right ta: A.. Waive as an informality, minor deviations from specifications at a lower price than the best responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is Tower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid opening time and date; ~'. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid unless the bidder specifies otherwise; . H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STANDARI?S: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personae] resources and expertise, or the abi]ity to obtain them., necessary to indicate its capability to meet all contrachza] requirements; B. A satisfactory record of performances; C. A satisfactory record of integrity D. Qualified legally to Contract within the Mate of Florida and the City ofBoynton Beach; E. Supplied all necess:rzY information in connection with the inquiry concerning responsibility. Il~]FORMATION ANI7 DES+CRIPTTVE LITERATURE: Bidders must furnish all information requested in the spaces provided an the bid form. Further, as may be specified elsewhere, each bidder must submit far bid evaluation cuts, slce~tches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on ftle with the buyer will not satisfy this provision. INTERPRETATIC}NS; Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (l (}} days prior to the bid opening. Inquiries trust reference the date by which the bid is to be received. ~- ~--,. G{)NFLICT OF INTEREST: The award hereunder is subject to al} conflict of interest pravisions of the City of Boynton Beach, Palm Beach County, of the State of FIarida. ADDITIONAL QUANTTTIES: The right is reserved to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". SUBCONTRACTING: If a bidder subcontracts any portiaxi of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contacted an the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any ar all bids wherein a subcontractor is named ar~d to make the award to the bidder, who, in the opinion of the City, will be in the best interest of andtar most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper, performance of an award ar failed to deliver an time Contracts of a similar nat~:re, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. ADDENDA: Frain time to time, the City may issue an addendum to change the intent ar to clarify the meaning of the Contract documents. Since all addenda are available to bidders at Procurement Services, it is each bidder's responsibility to check with the issuing office and immediately secure all addenda before submitting bids. It is the usual practice far the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addendum(s} in this manner. Each bidder shat] acknowledge receipt of ALL addenda by natation an the bid. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause wilt be rejected. EXCEPTIOI~TS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special pravisions shall be clearly and specifically noted in the bidder's proposal otr a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, ar the inclusion of manufacturer's printed documents shall not be construed as constituting ~ exception within the intent of the Contract documents. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid an the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or arty combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or whatsoever, is an approved equal, and reserves the unqualified right to a fina] decision regarding the approval or rejection of the same. n r .-,... NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested far compliance with specifications under the direction of appropriate testing Iaboratories_ The data derived prom any tests for compliance with specifications are public records and open to exasninatian thereto in accordance with Chapter 119, FIarida Statutes, 197I. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in the bid and ter Purchase Order may result in the bidder being found in default in which event airy and all reprocurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing List. DISPUTES: In case of any doubt ar difference of aginiou as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding an both parties. ARITITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is~ accepted, the bidder wilt convey, sell, assign ar transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities ar services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. GOVERSJ]YIENTAL RESTRICTIONS: In the event any goveramentaI restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to atxept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL REOli~IltEIyIENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder wi lI in no way be a cause for relief from responsibility. t3N PUBLIC ENTITY CRIMES -All Invitations io Bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 2$7.012(16), Florida Statutes, and any contract document descri~laed by Section 2$7.05$, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 2$7.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public en#aty crime may not submit a bid on a contract ar 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 or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the #hreshold amount provided in Section 2$7.017, for CATEGORY TWO for a period of 3ti months from the date of being placed on the convicted vendor list" AD~ER'TISING: ~nr submitting a bid, the bidder agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFOA;MANCE TO C(?NTRACT CONDITIONS". ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the moneys which may be come due hereunder aze not assignable except with the prior written approval of the City. I.I~~BII.ITY: The supplier hold and save the City of Boynton Beach, Florida its aflacers, agents, volunteers and employees harmless from liability of any kind in the performance of this Contract. PURCI-I.A.SING AGREEIyIENTS WITH OTHER GO~rERNMENT AGENCIES: This bid may be expanded to include other govejrnmental agencies. ~ some cases, Cooperative Purchasing Agreement exists or an Interlocal Agreement for joint purchasing exists between the City of Boynton Beach and the other public agency. All bidders submitting a response to this Invitation to Bid agree that such response also constitutes a bid to ALL POLITICAL SUBDIVISIONS OF PALM BEACH COUI~fTY, FLORIDA, and the Patin Beach County School Board, under the same conditions, for the carne price(s) and the same effective period as this bid. This agreement in no way restricts or interferes with the right of ANY POLITICAL SUBDIVISION OF PALM BEACH COLtNTY, FLORIDA, and the Palm Beach Gaunty School Board, to re- bid any or all items. It is hereby made a part of this Invitation to Bid that the submission of any bid in response to this advertised request constitutes a bid made under the same conditions, far the same Contract price, and for the same effective period as this bid, to the PALM BEACH COUNTY scxoOL BOARD. _A.WA,1tD OF CONTRACT: The law monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the best responsible bidder whose bid represents the mast advantageous bid to the City, price and other factors considered, Evaluation of bids will be made based upon the evaluation factors and standards heretofore set Earth. The City reserves the right to reject any and all bids and to waive technical errors as heretofore set forth, in the event of a Court challenge to an award by any bidder, damages, if any, resulting from an improper award shall be limited to actual bid preparation costs inched by the challenging bidder. h~ no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the best responsible bidder is qualified to da the work and has the necessary organization, capital and equipment to carry out the required work within the tune specified. AS SPECIFTEI7: A Purchase Order will be issued to the successful bidder with the understanding that alI itemslservices delivered must meet the specifications herein. Itemslservices delivered not as specified, will be returned at na expense or penalty to the City of Boynton Beach. I7EI.IVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida_ F_O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. U t4 WA.I~:RA.l~1TY REQ{~TREI~IENTS: Each i#em, including all campanen#s and all installed accessories and equipment, shah be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the tune designated in the standard factory warranty, whichever is longer. The warranty wil] be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will saver parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this wit] be at the discretion of the City. Contact Procurement Services, for permission to perform warranty service an City PreP~Y• Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not invnediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. PRICES, TERMS ANQ PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include al] packing, handing, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at place of acceptance ar from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. If this inspection shows that the egaipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City steal] receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the UTII.II"T'IES DEPARTMENT and merits of performance evaluated. This fatal acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty {30) days. If any equiprnentlservice has to be rejected for any reason, the bidder sha]I be required to pick up the equipment, accamp]ish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result ofnegligence by the City. A. TA.~ES: Do not include State ar Federal taxes. Nat applicable to municipalities. B. MISTA~,'.ES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and a]l instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost_ D. CONDITION AND PAC'I.AGING: It is understand and agreed chat any item offered or shipped as a result of this bid steall be new {current production model at the time of this bid}. All containers shall be suitable for storage ar shipment, and al] prices shall include standard cammercia] packaging. E. SAFETY STANDARDS: Unless otherwise stipu]ated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination. listing where such has been estab]ished. ~~ It LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available far review by the Deputy Director of Financial Services and City Inspect+ars. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets alI O.S.H.A. requirements. Bidder farther certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O_S.H.A. requirement in effect an date of delivery, aII casts necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. aril State safety regtila#ians and requirements. C7UESTIONS: Any questions relative to any item(s) or portion of this bid r~r Invitation to Bid should be directed to: Les Sarkldneu aE X561} 742-647G Mouday t)~ra~l;h Friday &(3tI .A.M. to S•00 P.M. RENEWAL: The Assistant Director of Financial Services may renew the contract, at the same terms, conditions, and prices, for one (1) year intervals subject to vendor acceptance, satisfactory performance aril determination that renewal will be in the best interest of the City. n 12 SPECIAL CONDITIONS F{)It BIDDERS It wiI] be the responsibility of the successful bidder to supply necessary labor for Placement of all equipment as specified. 2. Award is anticipated on an al]-or-none basis; however, where applicable, item by item offers wi]l be considered and the best combination wi]I determine the award. 3. The City by written notice, may terrriinate in whole or in part any Contract resulting from the invitation, when such action is in the best interest of the City. If the Contract(s) are so terminated the City shall be liable for only gayment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include casts of items already delivered plus reasonable costs of supply actions short of delivery. 4, It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, Iiabi]ity insurance and vehicular Iiabi]ity insurance, during the time any of his personnel are working on City of $oynton Beach property. Loss by fire ar any other cause sha]] be the responsibility of the vendor until such time as the items andlor work has been accepted by the Citv. The vendor steal] furnish the City with a certificate of insurance after award has been made prior to the start of any work an City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating ]ess than B+ in accordance to A,M..Best's Key Rating Guide, latest edition. 5. The City of .Boynton Beach reserves the right, before awarding the Contract to require a bidder to submit such evidence of qualifications as it may deem necessary, and may consider any evidence availab]e to it of the financial, technical and other qualifications and abilities of a bidder, inc]uding past performance (experience) with the City in making the award in the best interest of the City. 6. The successful bidder shall at a]I times guard from damage ar lass of property of the City or of other vendors or Contractors and steal] reg]ace repair any Ions or damage unless such has been proven to have been caused by the City, other vendors or Contractors. The City may withhold payment or snake such deductions as it may deem necessary to insure reimbursement for loss or damage to property through negligence of the successful bidder ar his agent. U t3 ATTAC~1fMENT A City of Bayrrtorx Beach Risk Management 17eparlme>rt ~PIS~fRANCE ADVISORY FC}3tM Under rice terms and conditions of all etmtracts, leases, and agreements, the City requires approptiau coverages listing the City of Boynton $eacb as Additional htstsred. `t'his is dace by providing a Certificate of insurance listing the City as "Certificate Haider" and "1'he City of Boynton $each is Additional insured as respect to liability." Insurance corrrpanies providing insurance coverages must have a current rating by A.A3_ Best Ca. of "B+„ or higher (NQTE: ,rtn insurance contract or bifider may be accepted as prof of itrs:lmxce if Certificate is provided upon setecriart afvendar.) The falkrwing is a list of types afinstttartce required of crmtractors, lessees, ett., and the limits required by the City: (NOTE: TAis list is nru ail lnclaslve, and the City reserves the rig6# to require additioaai types of insurance, ar to raise ar htwer the sta#ed lirn%is, based open idetatl#led risk.} TYPE {Oecurrs.•itce Based Unit} ~fINIMtl143 ~ ~LI ITS. R>~Oi3II>~D General Liability ~ General Aggregate ~ S f,040,Ot14.40 Commercial Caerteral Liability Prgducts-Camptt?p Ag$• S 1,00d,400.fl0 ihvtrers & Contractor's Prat. Personal 8r Adv. lttjury $ 1,060>{Itf0.40 Liquor Liability Each Occtrrrcrtce $ 1,000,000-~ Professional Liability Fire Aarnage {anyone fire} $ 54,400.44 Employees & Officers ivied. Expense (any one person} $ 5,044.44 Pollution Liability Asbestos Abatenxmt Lead Paint Abatement $t~d Frnm Vendors Premises Operations Underground Explosion & Collapse products Cotrrpleted Operations Contractual Independent Contractors Broad Faun Property IJamage Fire Legal Liability Builder's Risk (l.irrtits based on Project Cast) -~^~_--^----~~ -~--- __.._^-~ Autotttobile Liability, Combined Single Limit $ 500.000.0(1 Any Auto Bodily Injury (per person) to be detrnrtined All Owned Autos Bodily lnjerry {per accident) to be determined Scheduled Autos property Datnage to be determined Hired Autos Trailer Inlcrchange $ 50,000.00 Nett-Chmed Autos PIP Basle httenrtodat _____-- Garage Liability Auta t7nly, Each Accident $ 1,000,000.40 Any Auto tither 77tan Auto Only $ 140,006.00 {'iatage Keepers Liability Each Accident $ I ,4110,000.44 Aggregate $ 1,000,400.44 ~ Excess Liability -~ Each Occurrence . w be deterrrrined Umbrella Farm u Aggregate ---~ to be determined ___. - Workers Comperrsation - ----~~- Statutory Limits Eanph7yers Liability Each Accident $ 140,000.00 l3isease, Policy Limit $ 544,000.40 I?isease Each Employee $ 200,440.40 ~ Other - As Risk Identified ~ -- ~___.~_ to be determined INS[:t3trWCEA13ViSORXFURM43 Revised 41i~444 n 14 n THE I~CJ~'LIM.~'NTS' ~.E~IND 7~HI-S P~4 ~E 1k1tTST,4 ~'+~"QMPAIVY RESPt~.r'1T.SE IN C~~.1~- .1~ 1~`(.~R S't1~MITT.,~.L TC7 BE !~'t~N~IZIE~ED Ct~11~PLETE .~d NI3 ~4 ~'~'EPT.r4,8LE • n BIDDER. ACKNCtWLEDGEMENT Submit Bids To: PROCITREIvIENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 3 l 0 Boynton Beach, Florida 33425-0310 Telephone: {561) 742-6322 Broadcast Date {City). DECEMBER 5, 2006 Bid Title: TWCI -REAR CCIiVTRACT FCIR THE SUPPLY AND INSTALLATiCIN OF WA~]'ER SERVICE COI~CNECTICINS AND RESTCIRATICtN Bid Number: OZ7-281-{)7/JA Bid Received By: JA,NITARY 17, 2tfCl7, NCI LA'T`ER THAN 2s3Q P.M. {LC)C'AL TIi~~} Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: JAS~UARY 17, 20Q7, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety {90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. ~,,.._. Name of Vendor: ~.,, ~ ~ ._.. i ~ ~ ~ c:r- Federal I.D. Number: ~t ~ _ ~ ~' ~ '~ ~g, A Corporation of the State af. 1't~` ~~~ r i. ~ .Area Code: ~~~ Telephone Number: ~ ~ 't '~ ~ C Mailing Address: ~~~,. ~ ~ 'j c~ f s ~/""-~~ CitylStatel~ip: ~~~~~ ~'`.~~-r-~ ~ ~,. t~~-- , ~ ~ ~J~ T Vendor Mailing Date: ( ~ uthori ignature Name Typed t5 THIS PAGE TQ BE SIlBMiTTED ALt?NG WITH PRQPOSA-L TO BE CGtNSTDERED CUMPLETE AND ACCEPTABLE PROPOSAL BLANK. BID PROPOSAL TO ~~IE CITY OF BOYNTON BEACH, FLORIDA FOR, TWO -YEAR CON'T'RACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE COl~fNECTIONS A1V"D RESTORATION U U To .All Bidders: Date. -- ~f ~~ The undersigned declares that he has carefully examined the specifications and as thoroughly familiar with its provisions and with the duality, type and grade of productlserviee called for. When submitting more than one bad proposal price for this product andlor service, indicate haw many individual andlar combination item{s) are to be tabulated and considered. Attach a separate proposal sheet far each. The undersigned proposes to deliver the productlservice in accordance with the specifications for the suzn af: TI'EM I;[EM DESGIZIP"I'ION U]'~IIT t?F L~'~IIT PRICE Nd, 11~EASL;~RE 1 Furnish and install water service Each connection Pram City i~istalled teeter to pause valve ate valve Size 1'" ~ (?C~ - ~ 2 Furctish and install 1" schedule 4tl PVC Linear foot water pipe and sad restarataon over ~ trench - C? O 3 Znstallatian of I" meter box and lid Installation er utut ~ ~ - ~? C~ 4 Ittstallatian cif ~" meter box and lid Installation unit ~' 5 Famish and install two inch corporation I~astalflation! materials st and saddleJless tbazt 4` in d th er unit , • C~ C7 6 Installation and price, per foot, of 2" IttstaJlatian: t • ~ service line with PVC casing Price per foot: 7 .Price to tetminate/abandan existing Labor per unit water service ~ t? ~. t~ Items &TZ w,r71 be used as unitpricing fog b" D)P !pater lines to eRtra»~e a+recutiote a tJ~ia `ect 8 Furnish and install 6" gate valve with lnstallatian/materials bax . unit Q. Ufl 9 Ittstallatian and price, per foot, of 6" Installation: t. v:J DIP water main installed with fittings Price per foot: ~ . ~, ~ 1 p Installation of fire hydrant assembly Insta]Iataan only with 6" ate valve cc>tn fete ,~ +~.t~i~ _ t7~? 16 TffiS PAGE TO BE S~LtBMITTED iIY {}BOER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE k U n I 1 Installation of sam le rots Installation and l 2a '~Intal}ation of tapping sleeves and $EE NOTE '~ va}veslnan- cued area '~ l~ • ~ l2b Installation of tapping s}eeves and SEE MUTE ~` valved cued area ~ , tom} .Items I-12b K+fll be used as bid evaluation. .Items 11-ZA wily[ be used us sewn evaluation crr'tenu~ I3 Additiona} cast far hand di trench Linear foot p I4 Additional cost far restoration of Square fast ha}t drivewa ~ • ~ I5 Additiozzal cast far restoration of Square foot concrete drivewa sidewalk ~ - ~ tJ 16 Haurl labor cafe Per hour ~ . c?C7 37 Hour} rate far trencher, ifneeded Per hour 18 Haurl rate far backhae, if needed Per hour I9 Hourly rate far baring machine, if Per hour needed Q , C.~~ 24 Mark up an wholesale cast for Percent Markup additional vegetative restoration {if required), based on invoice provided by vendor indicatin wholesale cast: ~' ~Ta include all Labor and appurtenances norn~a}Iy associated with water main rep}acement programs. Twa prices should be provided; {12a) irrwstallation in non-paved area, and {12b) insta}}ation in paved area. Both prices should include r+ystaratian to "as found" or better condition. ALL PRICES F.O.B. BUYN'I'C}N BEACH C It is further agreed that the praductlservice will be completed/de}ivered within ~~ ca}endar days from the date of the Purchase {?rder from the City_ Humber of Bid I"rapasals submitted C?riginal and two copies submitted ~-~'Q YesCNo Evidence ofpossession afrequired licenses .,~ es/No Specification "check-off" sheets (Pages ~-5) Submitted: es/No l~ THIS PAGE To BE S~UBNFITTELI IN ORI}ER F+DR PACKAGC TU BE C42VSIDEItED CUMPLETE ANU ACCEPTABLE + ~ • Anti-Kickback Affidavit Submitted es/No CanSrmation of Minority Owned Business ~;/' Submitted Y s/No Drug Free Workplace Submitted esJNo COMPANY NAME SIGNATURE ~ 3~ ~ ~ TELEPHONE NUMBER PRINTED NAME fem.-e~~~~-- TITLE ~c~L o s~. ~ a 5 Florida Contractor's License Number • • 18 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ANTI-KICKBACK AFFILIAYIT STATE OF FLORIDA COUNTY OF PALM BEACH SS 1, the undersigned hereby duly sworn, depose and say that na partian of the stun herein bid will be paid to any ernglayees of the City of Boynton Beach as a cazxunissian, leickback, reward of gill, directly ar indirectly lay me ar any member of my firm or by an officer of the corporation. f BY - GNAT'LJ12E Sworn and sy hscribed befare~„e this /' (~ day of ~ ~ ~~ ,~~ 0 ~ ~. Printed Information: -mac. v~_ ~ . L ~ ; i,•rt..7""t?`•i`1 1 L_ NAME rt"~? '~st~....r~~ ~', TTf'LE .~L~. NOT FUBLIC, State of Florida ,,.,_..--- at Lang ~ 1 ~-+ ~ °- ~,~.~. ~ ~ _ COMPA,I+IY • °~. ,'~`~}.k"y~~`ar~'~•~ lriuu~ LSJei i~1+I1SQ%t ~~''±'~: ' Cor~aissi~n #Dl?~32278 ~~~~ ~'~~~ Expu~es. MAY 22, 2x49 ~•++."'~~ WW44'•1~,ARQNNflTARY.com "OFFICL~.I. NOTARY SEAL" STAMP 19 THIS PAGE TO BE SUBMITTED ALpNG ~VITfI PROPOSAL IN ORDER FOIL PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CONFIIHt.NIATIUN OF MINURITY C-WNEE1 BUSINESS A requested farm to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. ( } AlkfERICAN Il~'DIAN ( } ASU~hI ( } BLACK ( } HISPANIC ( } WOMEN {~ OTHER. _ ~~~.~ ~ ~C~y 5 1 ~ c ~ S ~r~~~' 1 t'w~ ~'rr~3'~ ~ 1 l.. p ' Yt ~ l~~I~} Da you possess a Certification qualifying your business as a "Minari Owned Business"? YES NC1 If YES, name the Organization from which this certification was obtained and date: Issuing Organization far Certi fieatian ~~''~_.. ~j ,~, ~ t ~ ~, v 5 t -~. ~~ ~ ~,~~, s ti .~. c~ Dat of Certif cation 20 THIS PAGE TO BE SUBMI`ITED ALUNG WITH PItOPUSAI. IIY t}RI)-ER F'OR PACKAGE TQ BE COI'ISIDEIiEI1 GQMPLET.E AT~tII1 t~CCEPTtlI3LFi Y ~~ CUPtiTFiRMA'TT+DN (lF D-Rt3G-FREE W1~~tKPL.ACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach ar by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it bas implemented adrug-free workplace program shall be given preference in the award process. Established procedures for pracessing tie bids will be followed if none of the tied vendors have adrug-free workplace program. In order to have adrug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations ofsuch prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining adrug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) {slue each employee engaged in providing the commodities or contractual services that are under bid a copy ofthe statement specified in subsection {l). 4) In the statement specifed in subsection {l), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty ar polo contendere ta, any violation of Chapter 893 ar of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than Eve {~} days after such conviction. S) Impose a sanction an, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a goad faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the staterr~ent, I certil`y that t arm complies fully with the above requirements. ~~ Ve ar's Signature ~f THIS PAGE TO I3E SUBMITTED ALUNG WITH PROPOSAL IN URDER FOR PACI~A.GL I O BE Cl7IVSITJ'EREU CGIMTI,EI~ A11'II ACCEI`TADLE y ~" - ~ ,. STATEMENT` OF NO BID 1f you are no# bidding this service/camtn~diiy, please complete and return this form ta: FROCUREIVIENT SER,YICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. .Box 310, Boynton Beach, Florida 33~t25-0310. Failure to respond may ;result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: "~ .ADDRESS: TELEFHONE: SIGNATL;fItE: DATE: ~~E, the undersigned have dec]ined to bid on your Bi 027-2821-07I.iA for TWCiM -YEAR CUNTRAC T Ft?R THE SUPPLY A.NI) INST LATIUN OF WATER SER~TICE C01tifNECTIONS AND RESTORATION because the following reasons: Specifications too "tight", i.e., geared toward brand or manufa~~#urer only (explain below} lnsuffcient time to respon o the Invitation to Bid We do not offer this pr uct car an equivalent Our product sched would nctt permit us to perform Unable to meet ecifications Unable to t bond requirements Specifications unclear {explain below) Oilier (specify below) REMARKS: ~~ ~ cl U ,a ~c~ntact Bid #027-221-0'7/31 Date:lanuary 17, 2007 ~.l~ermat~ ~3~d t~e~r~s i~~r of Boynton ~ea~~ 'mater Service ~or~tra~t, Additional ser~jices ~vail~~le i» ass~~ciation r~vil~~1 t#~is C:ontract. Item Ueserigtian Unit price #~1. I"urnish and install 1" cazporatian stag and saddle less than 4' in degth_ $275.00 #22. Installation of 4" 0900 PVC Brice ger faot with fittings $31.5{3 #23. installation of 5" C900 PVC Brice per foot with fittings $38.50 #2~. Installation of 8" C9UU PVC price per foat yvith fttings $45.5U #25. Replacement of fire hydrant {only) with materials using existing calve $25UO,UU #2b. lr~staltatian price per foot of ~" P.E. service line w1o easing for sham side $15.50 #27. Installation price ger foot of I" P.E. service Tine w/a casi~~g far short side $13.UU #2S. Installation price ger fact of I" P.E. service line with casing for lang side $I S.Ut3 #29: Installation of I" ball meter, yalce bar and tail piece $ l 25.UU #29. Installation of I I/2" ar ~'" ball rneter and meter connection #30. Installation of 2" resetter {labor anly) #3 I . Installation of 2" blow off asserr-bly #3~. Installation of ~" RS gate valve and saddle complete with valve box #33. Installation of 4" Gate Valve with box #34. Installation af8" Cate Valve with box #35. Installation of 2" backflow preventer #36. Installation of 1" backfiaw greventer ?50.00 $35U.00 $325.00 $SSO.UO $SSO.UO $75U.f?U $625.00 $325.OU C • ` °. ~- ~ .. - Item IJescription #37. Installation of MXLI on existing TI2 meter {.plug unit only) #~8. Installation of 5/8„ water meter #39. Installation of I" water meter #40. Installation of 1.5" water meter #41. Installation of 2" water meter #~l2_ Furnish and instal] 1 ''/a" SCH 4(l I~VC water service pipe #43. Furnish and insial3 1 Y~" SCN 441=VC water service pipe #41. Furnish and install 2" SC'H 40 I'VC waie~r service pipe #42. Reconnect to existing spri~n:kler connection at IlotLSe #43. Sod restoration for water main. projects price per SF #44. Pass through on materials not covered under line items Unzt Pace ~ I fl.tl£1 $22.~J~} ~2$.O~t ~l SQ,QO $175.OQ ~ 4.25 ~ 5.{7{l ~ 6.25 ~ 25.04 1.00 Cast plus 2{?°l0 U ~ ~~ r • W -~ Z Z ~~ R1y ~ ~ O {~.ys ~~„~ f f .1{ -~ - sy ~ ,'}3 * _~ ~^ ~"'~~ b Z w ~ :a a ~ ~ ~ ~' ~ ~ ~ ~ ~ i ~ W i', ~ ~ ~ a ~ ti ~ ~ W .~ ~ w ~ ~ ~° ~ ~ ~ ~, ~' •~ ~ •~1 ~' ~ ~ ~' M ~ ~ ~. di ~ ~ q ~ W ~~ ~ ~' t~ :~ ~' . k ~~ ~ ~ ~ ~° l~ .~ rCi V Q~ '~ w ~"" ~. c a •~ , ~» ~' ~ ~ ~ ,~ a ~ ~. ~ ~ h ~ ~ o it F ~ G ~ V ~ ~. sa ~ C C 03 • t ~ , ~ a~i ~ ~' ~ d o " '" C p7~~x ~~C~ ~ st4 O ~ } a O jh' ' p ., ~ ~ . ~ ~ ~ ~ tt ~I L .i} Page 1 of 2 U TO: FROM: MEMORANDUM Mayor and City Commissioners A Victor Majtenyi; Deputy Director ofPublic Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGI=I: David T. Harden; City Manager DATE: January 22, 2414 SIJB~C'r; AGENDA ITEM 8 L.3 -REGULAR COMMISSION MEETING OF FEBRUARY 2 2010 PURCHASE AWARDISENSUS METERS ITEM BEFORE COMMISSION Approve an award to Sensus Meters in the amount of $14,183.44 far the purchase of "dual part" radio read devices required in connecting customers an the Barrier Island to the Reclaimed hater system, Sensus is the City's current supplier far small meters, as well as touch read and radio read devices, BACKGROUND The Area 11A Reclaimed Water System project was completed August 2409. The project consisted of installing transmission and distribution piping for conveyance of the reclaimed water product throughout a portion of the Barrier Island, from Lawry Street north to Beach Drive. The South Central Regional Wastewater Treatment Plant has received their permit from FDEP authorizing the use of the outfall pipe for reclaimed water delivery. We are now permitted to connect customers to the system. Under a separate agenda item, staff is requesting an award to Line-Tec for the installation of meters with associated radio read devices. The radio read devices are to be fiarnished by the City. This agenda item is for the purchase of the above mentioned radio read devices; the Sensus model MXU 5208 Transc Unit Dual Port Touchcaupler Pit Version, item #26 per the attached quote, Throughout the construction of the reclaimed project, where conditions permitted, reclaimed water service connections were installed as close as passible to the potable meter. This installation condition allows the use of one dual partldual read radio device vs. separate devices far each meter (potable and reclaimed}. Staff estimates that we will be able to utilize the dual read devices at 100 of the 164 customer connections. The quote is based on an estimated l44 units at $141.83, far a total amount of $14,183.40. FUNDING SOURCE Funding will be from account #441-5161-536-49.23, Water and Sewer Fund1 Reclaimed Water Distribution System in the total amount of $14,183.00, http:/lmiweb401 /Agendas181uesheet.aspx?ItemID=29751~MeetingID=231 1129/2014 Page 2 of 2 RECOMMENDATION Staff recommends award to Sensus in the amount of $14,183.00 for the purchase of dual portlduai radio read devices in conjunction with connecting customers on the Barrier Island to the Reclaimed Water system. C http:/lmiweb0011AgendaslBluesheet.aspx?ItemIL7=2975&MeetingID=231 1129/2010 Page 1 111111'~IIIIIIIIIIII IIII9111C:: ~ 1501 Ardmore Blvd 1-80C}-Meterk IIiT"1111"!I'il ""'°" ,.1„„Illl Sixth Floor QUOTATION ~,,,,1 Piftsl3urgh, PA 15221 USA www.serrsus.com ....:..~,,,1~911'-111111111111111 Your Quote Number: 18675 ~ Reference : ~~1~1~~5 The I'v9~~rst~re csi ~e Future Bill to Customer: 196350 Ship to Customer: ATTENTION MR SCOTT SOLOMON DELRAY BEACH CITY OF DELRAY BEACH CITY OF 100 NW 1ST AVE 100 NW 1ST AVE DELRAY BEACH FL 33444 USA DELRAY BEACH FL 33 444 Salesman: METER ARTNELIESE Effective Date: 8/05f09 Terms: NET 30 DAYS Expiration Date: 2/15f10 US Dollar Line Description Quantity U/M Unit Price 1 Part#; 5756596471907A 1 EA 96.340 METER 3/4"S SRII TRPL 1000 GALLON, 4 WHEEL 5A, P/DP BRONZE BOTTOM, BRONZE BONNET W/6' WIRE, SENSOR & HOUSING W/7.5" LL 2 Part#: 5756596461904A 1 HA 96.340 METER 3/4"S SRII ECRWP 10 0 0 GALLON , 4 'IdtHEEL 5A, P f DP BRONZE BOTTOM, BRONZE BOI~tNET W/7.5" LL, W/25 WIRE 3 Part#: 5750896471902A 1 EA 116.100 METER 1" SRII TRPL 1000 GALLON 4 WHEEL 5A, P/DP BRONZE BOTTOM, BRONZE BONNET Wj20' WIRE, SENSOR & HOUSING 4 Part#: 5750896461912A 1 EA 116.100 METER 1" SRII ECRWP 1000 GALLON, 4 WHEEL 5A, P/DP BRONZE BOTTOM, BRONZE BOI~tNET Wf25' WIRE 5 Part#: 5081095571901A 1 EA 249.210 METER 1-1/2" SR TRPL 1000 GALLON, 5 WHEEL 4A ROCKSYN C~CAMBER, SCRE'~TED ENDS W/20' WIRE, SENSOR & HOUSING ., Tlus Cfuatution is tut affet to sell ti~'luclt atcl>rdes uxl is stfl~ject. to the Sett:vs Ittete~tg StT~tetus TentLr ~~f S,~le atxilnUle frn~ ~7e~~7r~ <nul tl€~~»louctittg at. littn:iiti~'~t'tt~. e~tislis.coiu;tc Flee.?a co~Vact C~tt.-trnuer Sei~ice at.1-80{t°b38-3"i~8 if you u~e uii<'rlale t.o acc~>s this ate :uxt sec~ui~e a piittt.eA ec~}~ of the Temts cif &~le. Page 2 Illlplllllllllll" I•' ll 1501 Ardmore Blud t-s~O-Metetlt ,,i. I I ~ ~ „11111 Sixth Floor I' .~!.~..III111BIIIIIIII911611111~ Pittsburgh, PA 15221 USA wwwsensus.ccxn CC G he It<9~a~~~t~ ~r~ the Fut~;r~ Your Quote Number: 18575 US Dollar Line Description Quantity U/M Unit Price 6 Part#: 5081095561902A 1 EA 249.210 METER 1-1/2"' SR ECRWP 1000 GALLON, 5 WHEEL 4A ROCKSYN C~:[AMBER, SCREWED ENDS W/25" WIRE 7 Part#: 5081295571901A 1 EA 349.750 METER 2 SR TRPL 1000 GALLON, 5 WHEEL 4A ROCKSYN CHAMBER, SCREWED ENDS Wj20' WIRE, SENSOR & HOUSING 8 Part#: 50$1290571901A 1 EA 349,750 METER 2" SR TRPL 1000 GALLON, 5 WHEEL 4A ROCKSYN CHAMBER, FLANGED ENDS W/20' WIRE, SENSOR & HOUSING 9 Fart#: 5081295561902A 1 EA 349.750 METER 2" ECR/WP 1000 GALLON, 5 WHEEL 4A ROCKSYN C~C~~MBER, SCREWED ENDS W/20' WIRE 10 Part#: 5081290561902A 1 EA 349.750 METER 2" SR ECRWP 1000 GALLON, 5 WHEEL 4A ROCKSYN CHAMBER, FLANGED ENDS W/25' WIRE 11 Part#: 002 1 EA 44.130 SR & SRII TR/PL CONVERSION KIT 12 Part#: 005 1 EA 44.130 SR & SRII ECRWP CONVERSION KIT 13 Part#: 5191496031004 1 EA 393.170 METER 3" 125W FIRE HYDRANT DR GALLON, L/COUPLINGS Tlvs QucNati~ni is ~i offer to ;ell ~i•lucli i<icl~des a~xt i~ ,-~~bject. to the Se1~-•i~s Rlet.eliy~e, S}~teliLS Teens of Sate attilaUle for ti~e~iurg u~d do~tniloacfia~ at. httl~;i~~~1t~t•.~eiLSn~.conL tc Please coivact C:uAKomer Service at 1-8b0-638-3%4$ ifyou sue iu~.~T~le to ace~~ flue srite :uul regiul~e a Bunted cc~~~ of the Terris of Sale, Page 3 III"'""°'i 1911111111111 1501 Ardrrtore blvd 1-soo-tirleterlt I I : ~ 111111111011111111111 Sixth Fltxtr , l~Allllllllllllllllllllll~iilllllllll Pattshurgh, PA 15221 USA www.sensus.corn ~~, ~~n~~s ~I,~~~~~~~~rt~,~; ~~,~I:ut~~ Line Description 14 Part#: 5171490000061 STRAINER 3" BRONZE, WfCAPSCREWS & GASKETS 15 Part#: 7171890307001 STRAINER 6" BRONZE 16 Part#: 5171890000067 STRAINER 6" DUCTILE IRON WfCAPSCREWS & GASKETS 17 Part#: 5191990031001 METER 8" W3500 TURBO DR GALLON, LfSTRAINER 18 Part#: 5191990031051 METER 8" W3500 TURBO DR GALLON WfDUCTILE IRON STRAINER 19 Part#: 5192090031051 METER 10" W5500 TURBO DR GALLON W/DUCTILE IRON STRAINER 20 Part#: 5192090031001 METER 10" W5500 TURBO DR GALLON, L/STRAINER 21 Part#: 5390653710028 ACTPAK 1100D E-SRS TOTALIZER & FLOW INDICATOR 22 Part#: 510 T'URBOrSRHjPROPELLER HIGH SPEED PICK UP ADD ON TO METER PRICE 23 Part#: 504 TURBO & COMPOUND TR/PL ADD ON TO METER PRICE Your Quote Number: 18675 US Dollar Quantity U~M Unit Price 1 EA 283.600 1 EA 759.910 1 E1A 585.870 1 EA 2,994,620 1 EA 3,973.880 1 EA 5,380.140 1 EA 4,604.710 1 EA 1,039,930 1 EA 277.500 1 EA 121.890 This ~!ucV<ttion is att offer to well ~vltich includes :uxl i4 a~til5ject. to the Sett:•us Aletectritttg S~st.etn~ Tends of Sale at:tilaUle for zieG~ing :ttxl dan~itloadut~ at. httl>:;, t~1~~1~ ::enslts.cont;4c Ple~ce contact.. C'tt;~~~me1 Set4ice at 1-5300-638-3?48 ifyoit are nttalile to accts. tlti >ite atxi regtut~ a printed cols}• c?f the Tevtts of Sale, Page 4 IIEIIIIIII(Ill!' ~~'~~ ' ' ~ ~' ~ ~'~' 1501 Arc#n~re Blvd 1-8flCt-eterlt ll, 1 I i11 1p lllgl Sixth Floor ~,,,~~ I „,~,Ip~lllllllllllllllllllll~lll Pittsburgh, PA 15221 USA www.sensus.catt .~~m Your Quote Number: 18675 n 5 ~ ~ US Dollar 1 h~ 1~1F~~~~~rr~ oaf ~i;e. F'utui~ Line Description Quantity U/M Unit Price 24 Part#: 5390?53780001 1 EA 76.510 NIULTIRFAn MODULE 8 CF3:ANNEL 910-0008561 25 Part#: 53961537520017 1 EA 135.010 MXU 520R TRANSC T:TNIT 1 PART, TOUCHCOUPLER PIT VERSION, 956 FREQLfEs'NCY ~6~ ~Part'~.--5395153"752003 T' ~l~ tEA~ 141.`8 N~YU 520R TRANSC UNIT DUAL 'PORT TOUCHCOUPLER PITVE'RSION, 956 FREQUENCY 27 Part#: 5396135252002 1 EA 10.510 TOUCHRE;AD EXTENSION CABLE 3' FOR M520R, L/HOUSING ILL 89 AMR ACCESSORIES 28 Part#: 53907537490010 6 EA 761.690 40900 AUTO GUN COLOR DARK GRAY 910-0010136 29 Part#= 5390733749001 6 EA ,000 AUTOGUN PITPROBE EXTENSION FOR AR4090 ONLY 910-0009448 30 Part#: 5381392161010 1 EA 5,010.560 3" LARGE FORTABLE TESTER 125W RESETTABLE ELECTRONIC REGISTER GGALLON PER MIIiIU'I'E/LITER W/AOCESSORIES, W/ TEST CURVE 31 Part#: T1 1 EA 622.750 METER 1-1/2"' OMNI T2 TURBO 32 Fart#: T2 1 EA 738.690 METER 2 " OMNI T2 TL!RBO 33 Part#: T3 1 EA 920.490 METER 3" OMNZ T2 TURBO This ~itintttian is tit offer to sell which i»cl>tdes Kttxl is stil~ject. tc t7te Sensvs htetexittg S}~tettt.:~ Tenor of Sale ai~ilable for trietiing :ntcl dct~t~ttloacling at ~t:ric~tlt~.seat~2i;.crnnrtc Ple~.se coNact C'ttsfomer Setti'ice at 1-$~ti-f3$-3;~t$ if zan :u'e ttt>"~t171e to acce:~ this site trttcl iegttu~ a painted ~p~, ofthe Tetnts of Sale. Page 5 IIIIIIIIIIIIIIIIIIlII[:.::::: ' ' 1501 Ardmore Blvd ~-800-Meterlt IIIINiilllll"I"" ~ I "" ; S~Mh Floor ,.I ' ~ I I~~IIIllllll Pittsburgh. PA 15221 USA www.sensus.can ,..~ ~~~~~~ l~he ~~r ~~s l~rn ~f ii .e Futui~ Your Quote Number : 186'75 US Dollar Line Description Quantity UfM Unit Price 34 Part#: T4 1 EA 1,792.060 METER 4" OMNI T2 TURBO 35 Part#: T6 1 EA 3,226.300 METER 6" OMNI T2 TURBO 36 Part#: C1 1 EA 910.000 METER 1-1~2" OMNI C2 COMPOUND 37 Part#: C2 1 EA 1,050.000 METER 2 " OMNI C2 COMPOUND 38 Part#: C3 1 EA 1,444.000 METER 3" OMNI C2 COMPOUND 39 Part#: C4 1 EA 2,310.000 METER 4" OMNI C2 COMPOt;IND 40 Part#: C6 1 EA 4,097.180 METER 6" OMNI C2 COMPOUND PARTS TO BE D I S CO~:TNTED 2 0 "~ FROM CURRENT PRICES , WITH FREIGHT ALLOWED. FULL FREIGHT ALLOWED. FOB SHIPPING POINT. soloman~ci.delray-beach.fl.us PHONE 561-243-7309 FAX 561-243-?301 ************************************************** ******** THIS QUOTE REPLACES QUOTE 7127. ********* ************************************************** T)us QUOtAt.iUil is :n~ c~ti'er t~ sell which itzclndes uxl is suUjed to Bze Ss~~~us Aleteli~t8 S}~~tea2~ Tsrn~s t~f 511e ~~nilabls fc~r tiiewi~~ :nxl clon7tic~adit~ at ]Utr~:: i~~n1~~•.seiu~i4.cotrutc Ple~e ct~yVact. t~t.~tc~~uer` Ser4ice at.1-800-638-3'=I8 if ti~ou ve uiu~t~l a to acre`s this sits uxl rec~ru~ a ~rintsd ccg>p` trf tl~e Tsrnis crf S31e. Page 6 IIIlDIIlII''"I 1;111111191111 " 1501 Ardmore Blvd '~ 1111111111"'° ~ ' ~ i 4"xth Ftoor ~911191BIIIIIIII, I ..!„lIIIIIIII P"ttstaurgh, PA 15221 usA ~~~~~~ ~Y~e I~~Ir ~~~tre o. the Fut~sre Line Descriptican 1-8G0-Meterlt www'sensus'cc»n Your Quote Number: 18675 US Dollar Quantity UfM Unit Price **** THIS PAGE INTENTIONALLY LEFT BLANK **** C IF MODIFICATIONS IN METER MATERIALS OR PROCESSING ARE REQUIRED TO MEET NEW REGULATIONS, THE PRICING SUBMITTED IS SUBJECT TO IMMEDIATE CY[ANGE Thank you for your interest in quality products by Sensus. Current as of: 8f05j09 Correspondence: Purchase Orders: SENSUS SENSUS FRED RUSSELL PO BOX 487 7202 POLSTON COURT UNIONTOV+TNN, PA 15401 FAIRVIEW, TN 37602 PHONE: 800-METER-IT 800-638-3748 FRED L. RUSSELL, Regional Sales Manager Tttis ~!iu~#ation is ;ui aH'er t~~ :ell jvlticli niclnclez: atxl is ~ t~t~ject. tit t7ie Ss~k~us A[etem~ S~~2elt1:~ Ten»,~ of Stile a~~ilat~le fnr ~ie«iae ~nrd clon~tloatlitt2 at.lttt~,5:ri~tltl~`.se7l~ttw.canu''tc Please colVact Ctt:tutttea-Senice i+t. l-SOQfi38-3~1fS ifvc~tt ue ui4~l~leto acc~stlris pile aiul rec~tire a plsnted cc~~~ erfthe Terris of Sale. Page 1 of 1 MEMQRANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: January 25, 2010 SITBJECT: AGENDA ITEM 8.L.4 -REGULAR COMMISSIt1N MEETING OF FEBRUARY 2 21110 PURCHASE_AWARDISCRIPTLOGIC CORP. ITEM BEFORE CCIMMISSION The City Commission is requested to approve purchase of archiving exchange software (Quest Archive Manager} for the City's email data network in the amount of $37,255.00 from Scriptlogic Corp. per purchase agreement number 167848, dated 01/14/2010. BACKGROUND Archiving software wit) be used to reduce the current size of user's mailbox and allow the system to run at its optimum level. Currently, 60°fo of the City's users are well over the IT Division's recommended mailbox size ]unit of 200MB. This solution wi]1 a11ow IT to re]ocate alder email to less expensive disk storage along with retrieving older emails as needed for public request. Message Mana eg r Prol-osals Scri to is Co $37,255.00 01.14.2410 Dell Co $40,152.00 01.11.2010 CA-Information Governance $107,994.00 01.05.2010 FUNDING SOURCE 334-6111-519.66-10 (GENERAL CONSTRUCTION FUNDI~~IISCELLANEOUS SOFTWARE) RECOMMENDATION Staff recommends purchase of Quest Archive Manager Software from Scriplogic Corp. in the amount of $37,255.00, per proposal #16784$, dated 01/14/2010. http :I/mi web00 UAgendasBluesheet. aspx?ItemID=2982&MeetinglD=231 1/29/2010 Purchase Agreement - 167848 X04 B P +~~-~ e~ aaLon, FG s3os~-2742 .,:"-~-~"~, .. Prepares on; O1J14J2010 561-ess-zoos txpires onn 01/31J2010 ,nvw.satytlogic.oom Prepared For. Prepared By: Name Ett Del Partilla Salesperson Erik Kanyk Company CITY OF DELRAY BEACtI Title Field Sales Manager Address 100 tVw ist Ave Email EKanyk@scriptlogic.corn phone 813 902 3727 Styr State,7.rp Delrzty B-each, FL 33444 Fax SGl-88fi-2449 Country USA Email delpartiflaCamydelraybeach.cam Payn'ent Tempe: Phone {561) 243-7147 ~ ~. Net ~~ ~~ Fax Itemized Softwara Pricing (-'SK , _ SKtf ` , ; ''• ibestr~ptia»` ,; > E1niL Ccisk ~ t=act Cost I.:. ~ ~_... - - -- -- Product: l"hincct Archive Manaaer 840 ARC-MS3-size --- ao.2o QUEST ARCMf1tE MANAGER {REQUIRES PRO SVGS 1 , g32,~60. ' MAlLl3QX L!C 3 YR STD SUPPORT 1{}-20tH} EMPLOYEES 1 PRO-ARC-2t7Y ARCHIVE MANAGER PRQ START 2-DAY REMQTE 2,995.UQ ~z,995.0 PRQFESSIOItilAL SERVICES 254+ Gt3 STORAGE Product Total $35,155.00 P~r~o~d~uc~t: ILl Ufrl-001 ~ 1 TRAINING CREDIT UNIT ~ 100.40 ~ $2,100.4~t Product Total $2100.00 brand T4tai $37,255.00* ''Plus ail applicable sales and use #axes • 'The 2i Training Credit UnlYs can be used to register 3 individuals far the 1J2 day Archive Manager Training Workshop Prictng is valid through February 26, 2010 Please complete all the information below and return along with a company purchase order via FAX {561) $86-2498. At.L SAt,E3 ARE FINAL - +wu+;paru off. Prhtt Nam@: Titie« 5ignaturo: Date: Amount; - ~w -uurwny uu+un~+auvrc DarnaFn Name Accounting Contacd" Accounting Emaik Accounting i'hone: Fage 1 of 2 DELL QUCITE #; Customer #; Contract #: CustornerAgreement #: Quote Date: Date:1111i10 10:56:44 AM Customer Name: QUC~TATlC?N 52400$853 1015934 WN05ACA 250WSCA10AGS;B27160 1111/10 CITY tJF ©ELRAY BEACH ~. ~, TfJTAL QE1flTE AIVIAUNT: $4©,152.00 Product Subtotal: $40,152.110 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 0 S1JFTte~ARE & AGCESSQRIES Product Quantit y Unit Total Price CS-CITY OF DEt.RAY BEACH-Mimosa NearPoint for MS Exchange Solution -544-489 users 740 $24A4 $17,108.00 (A2994224} CS-CITY OF DELRAY BEACH-Mimosa NearPoint PST Archive Option -500-899 users 700 $2.97 $2,079.00 {A2994230} CS-CITY OF DELRAY BEACH-Mimosa NearPoint ~DisCOVery Option - 500-999 users {A2994229} 700 $10.46 $7,042.00 CSyCnY OF DELRAY BEACH-Iltiimasa NearPoint far M8 Exchang® Solution -Annual Premium 2100 $4.34 $9,114.00 Maintenance and Support {A2994226} CS-CITY OF DELRAY BEACH-Mimosa NearPoint PST Archive Option -Annual Premium 2900 $0.52 $1,492.00 Maintenance and Support {A2994223} CS-CITY OF DELRAY BEACii-Mimosa NearPoint eDiscovery Option - Annual Premium 2100 $1.77 $3,717A0 Maintenance and Support {A29942221 SSA Total Amount: Number of S ~ A Stems: 6 X40,152.110 SALES REP: Simon Cervais PHQNE: 1#100-981-3355 Email Address: simon~ervais~delLcom Phone Ext: 724-7499 Please review #h{s quote carefully. if complete and accurate, you may place your order online at www.dell.comigto {use quote number above). PQs and payments should be made to Deit Marketing L.P. if you do not have a separate agreement with Dell that applies to your order, please refer to www.dell.comlterms as follows: If purchasing for your internal use, your order will be subject to Deli's Terms and Conditions of file:/IC:1Users\delportill.R~i70MQ01lAppDatalLocallMicrosaftlWindowslTempoxary Inter,.. if 14/2010 Page 2 of 2 Sale-!7/rest including De[1's U.S. Return i~oiicy, at www.detl.eonNreturnnolicy#total. if purchasing far resale, your order will be subject to Dell`s terms and Condition of Sale for Persons or Entities Purchasing to Reset/, and other terms of Deli's PartnerDirect program at www.deli.comtpartner. 1f your order includes services, visit www.dell.corn/servicecontracts for service descriptions and terms. Quote information is valid for U.S. customers and U.S. addresses only, and is subject to change. Sales tax on products shipped is based on "Ship To" address, and for downloads is based on "Bill To" address. Please indicate any tax-exempt status on your Pt}, and fax your exemption certificate, with seller listed as Deil Markettng L.P, to Dell`s Tax Department at 8{}{M-4.33-903. Please include your Customer Number. For certain products shipped to end-users in California, a State Environmental Fee will be applied. For Asset RecoverylRecycling Services, visit www.delLcomJassetrecoverv. C C file:/1~:\Users\delportill.MlDt)IvI0011AppData\I.ocallMicrosoi~\Winda~vs\Temporary Inter.,. 1/1412{lI0 • raduct n Budgetpry Pricing ps oflanupry Sth, 2t11{t Greg ~eatsent CA - Fnfprmatian Governance $OfUt10'n Strategist Mobile: 678-925-3Q38 WWW.C2_j .CO1T1 Greaorv. f^eatsent(a~ca.com Per Instance fee Quantify ~ EA MESSAGE MANAGER -ENTERPRISE $7Q Description: Includes Discovery & Retention Manager (D&.RM~, Archiving, Mailbox Manger -Exchange, Web Interface, Stubbing, Lexicon for Corporate Supervisions 800 :$56,t?flE}.QD CA Message Manager Pra sal Year 1 Year 2 Year 3 License $56,000 QO Annual Maintenancef1} $11,20!0(} $11,200.Oa $11,2Qi7.Q0 Implementation Services {Time and Materiels ~ $4fl,794.00 IOTA! $1(77,994.W $11,2Ci000 $11,2t1D.00 (2) Annuo! Maintenpnce is ZO% of net license cost t`z)Services estrmpte Fs p Rppid lmp/ementotion Services Offering ~RJSO) based on the 6psrc environment described to CA by the City of Oelrpy Beach L` Page 1 of 1 ,~. C MEMtJRANDITM TO: Mayor and City Commissioners FROM: Eric Aronowitz, Master Police Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: January 27, 2010 SUBJECT: AGENDA ITEM 8.L.5 -REGULAR COMMISSION MEETING OF FEBRUARY 2.2414 PURCHASE AWARDIAPPLIED SIMULATION TECHNOLOGIES ITEM. BEF012E COMMISSION The Delray Beach Police Department requests approval for the attached proposal to Applied Simulation Technologies to reconfigure two Driving Simulators (using a combination of grant and trust fund dollars) for a total of $44,900. BACKGROUND The Department is in possession of two Patrol Sim 2 ~ Driving Simulators. These simulators were earlier models of the L3 Driving Simulator, donated by the Broward Sheriffs Office when they upgraded. However these simulators are older models and not currently functional The attached proposal would fully reconfigure both so that the Department would have two working driving simulators. Driving is ahigh-liability area. As such, the Department recently invested $15,4{10 to lease a simulator to conduct driving training over a 14 day period. This training session was conducted in collaboration with the Fire Department. Having two working simulators in-house would save the City this money in the future and allow routine driving training to be conducted on an ongoing basis. FUNDING SOURCE Funding is available from two sources: JAG ARRA, account number: 101-2136-521-34,91) (Project: JAGREC) in the amount of $15,000 and from the Law Enforcement Trust Fund (LETF) account number: 112-2172-521-52,20 in the amount of: $29,900, RECOMMENDATION Staff recommends approval. http:Ifrniweb0011Agendas/Bluesheet.aspx?ItemID=2997&Meeting1D=231 l 1292010 4394 South Century Drive Murray, UT 84123 ~3ppaied SirnulQtion Phone: (801)506-1340 T¢,d~ies ~ Uc.?<al~er 2{}, 2009 .~ Response to Verbal Request: Delray Palic~e Dept. ^~ 4 ~~ l~p~rad~ Used Pafirc~linn II's .. Subrrritted by Applied Simulation Technologies PatrolSim-ll simulator as originally manufactured by I-Sim or General Electric Driver Development (CEDD}. Proposal Prepared for. Delray Beach Police L}ept Eric S. Aronowitz, Master Police al'ficer TraininglRecruiting Division 30p West Atlantic Avenue Delray Beach, Ft 33444-3695 Confidential to Applied Simulation Technologies &L7ielray Beach PL? Beach Police t.Tha.p~ecsonnel-at^AST were-the or~giinal designers of the PatralSirn. Since the PatrolSim's manufacture, all rights and licenses were transferred taI1~PI21 L-3 Communications. Nance, this proposal for an over haul and upgrade of two (2} used PatrolSim 11 driving simulators is a "non factory supported" (meaning that MPRI is not responsible for parts or support) project. AST will use its best efforts to achieve maximum performance from commercially available parts. Due to the age of the used simulators, original upgradeable replacement parts may not be available. Parts that closely match "form, fit with increased function" will be reviewed upon award of contract. Adaptation of parts far the upgrade may require physical modification of the simulators and may affect part performance. P~frvlSiim-ll~' F1e1d Mod cation The upgrade of the PatralSim Il is a non-standard process that replaces critical components {hardware and software} #a extend simulator functional life. This process includes the fallowing: ~• Replacement of existing LCD monitors an the simulator with best available commercial monitors providing higher resolution and update rate {size may not bean exact replacernen#} ~• Replace/upgrade all on-board computers ""'~• Replacelupgrade OpCan computer, provide 2"d {~pCan ,!• Upgrade system software ~'• Design and testing of upgrade at AST factory ' ~• installation of upgrade and fallow on training at customer's site if~TRUDUCTIQN to AST Applied Simulation Technologies' {AST} provides simulation-based training ~~ applications and solutions. Products are focused on customer needs and ;~~ can include complete {hardware ~ sa~Fiware) turnkey solutions with simple user interfaces to subsystems, operations and applications sc~Fhrvare and simulator platform design. Additionally, AST is expert at designing and integrating training and safety programs that match simulator functionality. AST personnel are pioneers in simulation-based learning and research since the mid-1980s. Their combined expertise in simulation applied technology is unmatched. The'sr current driving simulation product, E1~flC=1`01 ~"~is resulting~~in a 60°!o improvement irrdriver -performance°foremergency vehide~operators with-a"significant reduction in simulator--~~ sickness. The management and technical team at AST started l-Sim {manufacturers of the PatrolSim and TranSim simulators) and directed GE Driver development for its fast three years. AST is a registered professional engineering {PE) cx3mpany. Confidential - 1 - October 2Q, 2009 Applied. Simulation Technotagies Phone. 801-506-1344 ~' Beach Police 1.0 Purpose of This I<?ocument The purpose of this document is to respond to Qelray Beach Pollee Dept.'s request to upgrade the performance of their two used PatrolSim-11 driving simulators. 1.1 Qbjectlves "~• Improve visual image resolution • improve simulator system reliability with new parts (extended life} • Qptimize training value of simulators 1.2 Methodology AST will select from available products, technologies and software for this upgrade. In this way, the latest in supportable technology wiN be used. V~-here this technology does not fit or interface well, modifications and/or adjustments to these parts andlor their interfaces will be done. 2.0 Task Description AST will design procure and test the parts intended to be installed into the simulators at its factory in Salt Lake City and then ship the parts to the client's site. The client shall receive and store these parts in preparation far AST to come to the site and install the upgrade. AST may need to modify mounting interfaces to accommodate the new parts which may have different physical characteristics. Upon award of contract, AST will send a technician to the client's site to doaament the condition and functional status of the two simulators. The technician will remove the computer systems and ship them to AST to be upgraded. AST will then review available technologies and select the best options to avoid installing obsolete parts. „~ 2.1 Computer systems AST shall upgrade all on-board computerslboardsJprocessors; 4 per simulator X two simulators; plus upgrade one (3pCon computer system and provide a second t}pCon to allow each simulator independent control. Confidential - 2 - 4ctalyer 20, 200 Applied Simulat%gn Technologies Phone: 801-506-1344 Beach Police 2.2 Visual Imaging may require physical modification of ~e frame far mauntingj The old 40H LCD monitors used to display out the window images provided VGA {E'i40 x 480) performance and depending upon when it was manufactured may have an aspect ratio of 4::~. The intended upgraded displays will have a higher resolu#ion up to XGA {1024 ~ 768) with an aspect ratio of 16::3. This difference in form and ~t will result in a difference in Field of View {FOV) available to the simulator driver. A best fit analysis will be done to minimize any reduction in FOV. 2.3 Software AST will provide the most recent operating system that can be operated on by the PatrolSirn platform. Fncluded in the software package is EVOC-101 T"" and EVOC-101 Web'TM' with training~on how to use it: EVC3C-101 Web"" wiN became immediately available online upon award of contract. 2.4 Testing, Checkout and Customer Acceptance No parts will be purchased until an award of contract is initiated; and prior to purchasing parts a review of currently available, supportable technology will ensure longer life time for the simulators. Once the parts are researched, ordered and received; they will be assembled at AST and tested with their respective computer systems and software. Only when all parts function as a system will they be shipped to site for instaflation. Upon completion of installation, the client will t}e asked to confrm that the upgrade meets performance as defined here in. A57 wiMl work with the dent's IT and training personnel to transfer knowledge on how to operate and maintain the upgrade and software. AST wiN create a customer acceptance test for the client to use to determine that this contract is completed. Confidential - 3 - C}ctober 20, 2009 Applied Simulation Technologies Phone: 801-506-1.340 Beach Police 3.0 Sche~du#e & Deliverab#es 3.1 $cheduife It is understood that time is of the essence an this project; as such a concentrated effort will be made to accelerate activity within budget limitations. Item No. - Milestone Tasks - Estimated Time 1 Award of Ccmtract: project begins with Purc~tase 3-4 weeks Order accompanied with dersasif of $9,000. Covers initial site survey, simulator assessment, removal of computers, packing and shipping to AST, parts review and design compatibility, preparation to purchase parts and software; immediate access to EVOC-1 O'11Neb'r"' gintersection analysis" on line for the entire De1ra Beach PD. ~ Purchase of parts: upon.betrinnina of this milestone, 4-7 weeks the client will be invoiced far $27,000. Covers purchasing casts, receiving, test set up, integration and check out of new parts, performance measurements, pf~ysical design interface, and modification plan for old simulators to receive new parts. Completion depends upon vendor delivery time. 3 Site delivery and installation, testing with Gient, 2-3 weeks acceptance; af%racceptance client is invoiced ~s,~o. 4 Client training. after installation is complete, At client's operations training and software use training will be convenience provided at client's site far two days. Client is and AST's invoiced $3,900 in advan to defra cost of travel. availabilit The anticipated schedule for completion of all tasks is pat to exceed fourteen (14} weeks after award of contract, Confidential - 4 - t3ctober 20, 2009 Applied Simulation Technologies Phone: 801-506-1340 ~. Beach Police 3.2 Summary of what this proposal provides: • Site visit by AST Technician, Needs Analysis • Removal of system computers, packing and shipping to AST • Receiving computer systems at AST and set up to test • Review of needed parts, define performance spec for parts, locate source and prepare to order • Receive parts, set up and test • Design integration process and acceptance test criteria for client to use as acceptance criteria after site installation • Review and upgrade of operating system • Provide additional (~pGon • Installation of two (2} EVOG-1:131 ~" • C}ne (1) year site license for Delray Beach PD to access EVC}G-101WebT"" • Test all software on actual computers after modified • Ship all parts to site • install parts and test • Remove old parts • Conduct customer acceptance test • Arrange for training at client's site • Train GFient's staff 3.3 VVlthhat this proposal does not provide: • Repair of simulators beyond the planned upgrade ~ the simulators are not functional due to anon-upgrade item. Some circuit boards are propriety designs and are no longer available or can be purchased at a cost outside the scope of this proposal. • Any warranty beyond what the new parts supplier provides • Any service, maintenance or training after completion of this contract (additional service and support is available on an annual fee basis if requested 4.Q Proposal Pricing, Terms +& Conditions ~~~ Price: ~ 44.900 tota~ ---___ ri Itnf the above as one complete package with four (4} milestone payments Confidential Applied Simulation Technologies Phone: 801-506-134{} _5_ Octcxber 2Q, 2{~9 Beach Police Payment terms Payments are due Net ~ 5. A deposit of $9,000 is to accompany award of contract and prior to AST beginning work. Three additional billings are as defined in the payment schedule for milestones below. The hourly loaded ra#e for one AST senior software engineerflnstructianal designer is $85.30mr for wank which may be requested beyond the scope of this proposal. Payment Schedule for Milestones ~rr'F: .n'~Y~. `1:~~9 --s ~ r !ms `s,, , t~ _ r :c+_ _ Tj' Award of Corttrac# ~. ~9 000.00, Parts`&'.software racurernent int ration testin $27 000.00 Site install and acre Lance testin $5,000.00. 2 da son site training $3,900,{30 Total $44,9p+D.00 4.2.6 Terms of Customer Acceptance 1. Acceptance means aastamer acceptance based upon ASTs product performing as defined in the Factory Acceptance Test. This document will be completed and approved by the Client prior to acceptance. 2. The Acceptance process is to be mutually agreed to by AST and Client and wil! include customer invalvernent and cognizance. Confidential - { - October 20, X009 Applied Simulation Technologies Phone: 801-506-1340 $eaGll ~411Ge Customer signature on this page authorizes AST to proceed with program preparation and vendor notification to reducing delivery time and signifies acceptance of the terms and conditions identified herein. IN WITNESS WHEREQF the parties hereto have caused this contract to be duly executed as of the day and year written below. Applied Simulation 7echnologles Signed: Insight exhibits Signed: Name: Reginald T. Welles Name: Title: President 8 CEC} Title: Date; [}ate: Ct}nfidental Applied Simulation TeGhnolagies Phone: 801-506-1344 _7_ OGtober 20, 2449 Beach Police APPENDIX -- A Technical Description of original Equipment Note: The following tent describes the standard PatrolSim II simulator as originally manufactured by I-Sim General Electric Driver Development {GEDD}, PS lI is designed to comply with standards defined by: * UUCSA (safety} Irr>froducfion * VDE & FCC (EMi emissions) The PatrolSim II provides high fidelity real world driving environments and vehicle behaviors to train and improve driver behavior over a wide range of vehicle maneuvers, The major components of the PatrolSim It include: i, Host Computer, Real-time Operating System and Operators Console. 2, Gity/suburban, freeway, rural and skill test range (hard track} databases. 3. Windows" based scenario t~eationlediting software that allows clients to develop and use their own scenarios as required. ~. Driver station (open seat cockpit}. 5. Control force loading (CFI_} subsystem (steering wheel, brake with ABS, accelerator). C. Three channel high performance visual subsystem. 7. Five channel audio and vibration subsystem. Operafor's Canst~le The PatrolSim provides a user friendly WindowsT"~•Based Operatorllns#ructor's Station (OpCon}. The instructor's computer skill level need only be sufficient to operate a ward processor ar similar type of program. A Microsoft Windows'" format Graphical User InterFace {GUl} on the instructor's computer screen provides an easy, non-intimidating instructional flow to start the simulator, choose scenatios, change scenario conditions, change own cab vehicle, and interact with the driver "on the fly". Confidential Applied Simulation Technologies Phone: 801-506-134U -8- October 20, 2009 Beach Police Yeh~cle ~ablDriver's Si~fitlrt Gi=DD's Patrol~im-IITM provides an opan seat driver's station. The ddver's station provides the driver with a realistic and natural road feel through the stE:ering loader motor and higher fnequency content from chassis and seat vibration. Accurate non-linear vehicle dynamics and high frequency tirelroad response behavior will maximize trainee interaction. Pa#ro>ISim II Driving Simula#or Driver's Station tvc-nfidential - 9 - C}ctober 20, 2(}t~9 Applied S%mulation Technologies Phone: 801-50f~-13A~~ Table ~ 1=eatur+es of the PabolSlm Cab Feature f}esCrlptlOR 1. Make and Model Police cruiser (Ford Crown Victoria with law enforcement console ~. Instruments Full, including speedometer, fuel, t~~mg, oil gauges 3. Transmission Automatic (3 speed} 4. Turn Sigfials Column Stalk 5. Head Lights I:Czllo beam, stalk controlled 6. Siren Cade 3 (slider bar} mounted an radio console wail, el , hi/la 7. Morn Conn uter thesized 8. Emergency Lights Fully functional wig wag 9. Steering Wheel Tih l0. Steering Wheel Fuel Motor controlled feedback to driver lag less than 'lU msec. (rogrammable feedback l 1. Brake Pedal Pre~loaded to feel and act like a real brake with simulated ABS l2. Accelerator Pre-loaded to feel and act like a real accelerator l3. Adjustable Seat Front-back, lumbar to accommodate wide variety of dnvers l4. Seat Belts Lap and shoulder integrated in seat Safl;ware reca " 'on of seat belt use at Con l5. In-Cab sway Radio Direct communication between any individual or all drivin st:atians with instructor Con l6. Radio Console Houses radio, siren control, and light bar controls l7. IVIDT bracket (option} For client supplied MDT or laptop computer; power and network connections provided on radio console 1 lrsualSU~JS j/Sf~~1t? The visual subsystem is comprised of (3} high-speed Pentium graphics, enhanced PCs, which create the real-time interactive image the driver sees cut of the window. Each visual PC drives one of three fi4{)x48Q monitors, at a sustained 60 Mz update rate in PatrolSim 2. This is twice the update rate of our earlier versions. The faster update rate provides a smoother visual flow, a more ctrrrifortable and immersive experience, and reduces adaptation time. Table 2. Visual System DescrlptloA ~'eubtre Description Delrav Beach Police De>at. l , Number of Channels 3 channel l b x 9 ect ratio monitors 2. Eye Distance to Screen Approx. 33 inches {adjustable depending on seat position}2 3. Horizontal Field of View {FOV} 180° slewable to 300° 4. Vertical FOV 3?° {adjustable} b. Rear View Mirrors Driver's side, center and right side insets l . Number of Channels 3 channel {1 b x 9 aspect ratio monitors) Visual System Speci#ications Table 3 Yesual Subsysiem Capabilities Featare Description 1. 3-Channel Visual Subs stem PC based high performance 3D graphics in TJ~irect-~ format 2. U date Rate b0 Hertz 3, Refresh Rate b0 Hertz {flicker free} 4. Resolution ~,}a b0 Hz b40 x 480 {VGA} b. Photo Texture Yes ?. Time of Da Da ,dusk, ni ht 8. Illumination Headlights, taillights, directional and wig wag lights, EVO 9. Weather Effects Fag, rain, snow, ice 10, Transparency Yes l 1. Color 32 bit 12. Other Having VehiclesJObjects Over b0 models with rotating wheels, a total of 12? objects available in addition to "own vehicle" per driving station {3b moving vehicles at one time in the scene, 91 fixed ab'ects. Clue to the extreme rate of pricelpertormance improvement in the PC market, GEDD reserves ~e right tv substitute squat or getter components with no change in the proposed price. ry The nse of 16:9 aspect ratio maniwrs ensures its fi~ campatr"bility with advances in cammerztiacansumer electronics that are driven by fire new High I)e6.uitian Television {HDTV) technology. This also allows the vse of 3 monitors versus five monitors to present an adequate field of view, GiEDD has been the leader in adopting this apptoadr to display systems. z The monitors are at a constant radius from the driver's eye-point, thereby mitigating eye fatigue issues associated with systems where the fool distance is variable, s The nse of 16:9 aspect ratio monitors euscxres its future carnpatibility with adwances %cr cammercialloansumer electronics that are driven by the new H.rgh Definition Television (HDTV} technology. This also aUaws the use of 3 monitors versus five monitors to present an adequate field of view. GEDD has been the leader in adapting this approach to display systems. "° Advances in camputertgraphics technology can these numbers. ()ur modular' design allows us to upgrade with technological advances acrd improve an this current level of performance. Confidential Page 11 Applied Simulation Technologies 801-5fa6-1340 1 O120120t19 Delray Beach Police Dept, Mon[tors The PatrolSim 2~ is designed around afF tt~e-shelf cvmmerciaE LCD monitors. These monitors provide a bright, sharp image at an economic price. The monitor configuration consists of three each, 40"diagonal wide-aspect ratio {1S x 9} monitors with a VCA-compatible resalutivn at a ~ Hz video refresh rate. At~dr"a end Vibt~fior~ Sysfem Sounds are computer generated from recordings of actual in-cab sounds. These audio signals are played back to the driver in real-time at the actual sound levels experienced in the real vehicle. internal vehicle audio source emulation includes: o Engine audio source synthesis o Tires and chassis digital audio replay External audio source emulation includes: ca Miscellaneous environmental sounds {sirens, traf~rc etc.} 0 3-Qimensianal sound direcxianality {i.e., passing automobiles, trucks.., } Vibration includes: o Tactile transducer under seat to simulate road vibration o Steering wheel feet providing natural tactile stimuli {bandwidth > 20 Hz, amplitude correlated writh tire/raadway interaction and engine operation, and fu11y synchronous with audio signals} Radio communication system: o Radio system provides amulti-channel, two-way, simulated radio communication system o Radio system provides dispatch and car to car capabilities o Radio system can be configured to be communicated between one to four simulator pads o Standard TCPIIP connection to transmit a voice signal o Transmission quality is approximately 8 -11 kHz, which is_equivalent tv most radio and cell phones o Radio system has the capability of broadcasting background radio chatter to all simulator pods For Release 4.0, the audio sv!f~lware has been enhanced to include the fallowi o Engine sound is speC~c tv each scenario vehicle o Hom sound is specific to 12 scenario vehiGe classes o Siren sound is specific to ~ scenario vehicle classes c~ Other sounds can be assoaated with the position of any scenario vehicle o town cab engine sound is specific tv the VDD model o "Static" sounds with fried spatial position are available ca "dynamic" sounds that can be associated with any scenario object are available Confdential Page 12 1t712A/2t1{}g Applied Simulation Technologies 801-506-9340 Delray Beach Pofice Dept. o Software design improvements for greater reliability and maintainability Q-perai~or's Console GEDD provides a user friendly Wir~iows'~"-Based Operator/Instructor's Station (Option). The instructor's computer skill level need only be sufficient to operate a ward processor or similar type of program. A Microsoft Windows'''"' format Graphical User Interface {GUI) on the instructor's computer screen provides an easy, non-intimidating instructional flaw to start the simulator, choose scenarios, change scenario conditions, diange awn cab vehicle, and interact with the driver nan the fly", The GUI in the PatrolSim 2 TM' Option includes multiple display areas and icon control buttons. A single GUI screen provides all the functions required for one instructor to control all the training and simulator control functions for up to 4 finked simulators. The operator uses an ordinary mouse and keyboard to select and activate the GUI #unctions. The operator can control and manipulate individual vehicles in the driving scenario while the scenario is running. From the Option, for example, a car can be made to stop or pull out in front of the driver when the Instructor commands it to happen. t~pCon allows the operator to select the vehicle type and dynamics to be driven by the student For example, a Crown Vidar3a cruiser can be selected then driven by one student while another student drives an Explorer or 5 liter Mustang. Each simulated vehicle will feel and pertarm like the real vehicle. The trainee's driving can be recorded and his proximity to other vehicles or objects can be observed and played back. When a trainee hits an abject the scenario can continue or stay depending on haw the instructor sets up the scenario. The Option houses the radio communication center {VON) that can simulate a dispatch call center through the Dispatch Control Panel. The Dispatch application display located on the Option monitor allows the operator to update radio c:ommunirations and interact with one or multiple simulator pods depending on the training mission. Basic C~pCon Features The scenario vehicle behaviors that are changeable include: o Vehicle speed o Vehicle lane pasitioa o Vehicle parking position o Vehicle forwardlreverse direction 4 Vehicle siren response type c~ Vehicle cthedience to rules afraad (stop or yield, etc} v Vehicle drunkenness {DUr characteristics, Slevels of BAC up to BAC.10}, and o Vehicle aggressiveness Confidential Page 13 Applied Simulation Technologies 80'I-5t)6-'1341) ~or~ar~oa~ Delray Beach Police Dept. '` ~d;`,. Compu#er and Con#ral Sys#ems The host computer system provided by GEDp is a high performance off-the-shelf PCs. It incorporates the latest PC technology and will be compatible ~nnth future hardware advances designed to include existing software. The choice of the PC platform assures the client ease of maintenance and minimum cost for repairs and parks. Afail-safe control circuit network far sai`ety monitoring and control are provided. Features include: o Use of amulti-tasking PGbased pmcessar network o High-volume commercial hardware common to: ^ Scenario control processor ^ Qpera#or console ^ Audio control processor GEL?Q's PCs use a common operating system (Microsoft Windows 2000T""}. The main hos# PC uses a dedicated computer engine for vehice dynamics. All of the PCs use Windows''-based diagnostics and functions. High bandwidth communications hardware is used between PC subsystems. Vehicle Dynamics Model CzEQD's vehicle dynamics models have the sophistication tQ represent real vehicle behavior offering over 21 degrees of freedom {D01=) for the vehicle being driven (own cab} a Each tirelwheellsuspension point, steering wheel, engine/drive train, and chassis is modeled. GEED provides vehicle dynamics models that are modular and adjustable representations of the actual vehiGe's subsystems. The fire patch model provides irteraction with the road surface to simulate ac11ua1 skids, fire envelopment over objects, and road hazards. The accurate fire-road model interaction with dynamic forces allow a full spectrum of fire reactions which provides a driver the ability to feel a variety of forces/sensationsthraugh the steering wheel as the wheels hit, rolls into, or rolls over a specific object. The fire patch model characterizes SAE standard functions, including: o Normal force vs, vertical displacement vs. fire pressure o Lateral-slip vs. slip-angle vs. normal fort o Longitudinal force vs. rolling slip vs. normal force o Composite vector limits on total reaction force vs. nom~al force Automobile arxi fire manufacturers have supplied the high fidelity fire force model data. GEQd's fire models are measured at ~ points per fire footprint. ~ GEDb chooses motherboards that will enable new generations of processors, when available, to be inserted in order ~ prevent system obsolescence. ~ The rase of a high number of degrees of freedom provides the ability to I) more effectively use mamrfacturerlOE'M data directly in modeling stems, and 2) provides a high degree of realistic behavior of vehicle models. Confidential Page 14 10/2012009 Applied Simulation Technologies 841-506-134(I Delray Beach Police .Dept. Road SuriaCe ~l1'Ot~@/ =. ~~~ -. GEDD's road surface models are 3-Dimensional and include curbs, gutters, soft edges, variations in surface textcrre and content ~asphatt, cement, gravel, sand, dirt, ice, snow, pot holes, and assorted hazards}, In addition to 3-D road surface models, GEDD samples the critical interface between fire and road at 96t1 Hz'. This is essential tD capture accurate vehicle position, read fee! and vehicle control. GEpD's road surface proprietary 3-Dimensional Road Surface Model (superior th traditional polygon- based road surfaces} interacts with the vehicle's dynamics and fire models. The road that the simulator drives upon represents the features and character of a real road. As no road in the real world is flat, unique GEDD technology accurately simulates uneven and crowned road surfaces for a more realistic experience. The road is a B-dine, high-resolution surface m~e! with curb, gutter, and super elevation for banking around curves. Some road surfaces are designed to the ll.S. Standards for Highways or The American Assoaation State Highway Traffic C3ffiee. Simulation L?atabase and Models The PatrolSim 2 ~ simulator system provides multiple terrain environments that include: freeway, suburban, rural road, and a ski!! test range. The following list details the databases included in the PatrolSim II STANDARD PACKAGE. Database Description Road NTtles Suburban/city Suburban city driving. Includes multiple lane roads with 10 operational traffic lights, stop signs, speed and caution signs, street signs, gas station, large parking lot, police station, neighborhOOds, malls, CIVIC Centers, crosswalks, residential, commercial o ernes, and o en areas. Suburban2 Same as Suburban but includes an extended canyon area to 13.8 the north terminating at a railroad sf:ation_ Features new residential area with large homes, narrow bridge and railroad crossing at steep a~ngie to road Small warehouse with loading dock, connected to large arkin area. Used for backin exercises. Divided Freeway Divided Freeway includes mountain area, runaway ramps, 46 onlo~'r s acrd rest area.. a based on both directions At fi{} miles per hour a vehicle travels $$ feet per second. At 9b0 Hz, Our distance between tireJroad sampples is 1 inch. For comparison, if a simulator sampled its fire to road surface at b01!~ the distance between tire(roatd samples is 1.5 feet. Sampling at the lower frequency does not pr+ov%de high fidelity .modeling of vehicle control. Corlfidentia! Page '15 10J2012009 Applied Simulation Technologies 8ta1-5f16-134U Delrav Beach Police Dent. - a rox. 23 miles one direction. Pius side roads and ram s. Divided Freeway wl Same as freeway but in a snow environment. 46 Snow Rural Two lane rural driving. Includes narrow 2-lane roads, 31.5 winding lanes, small roadside villages, farms, hilly roads hiding oncoming tc~affic, blind intersections, and branching "Y'° a ro with a o riate si 'e. Skills Range The skill test range database was developed tx> introduce and N1A enhance training methods used ~ teach evasive actions, controlled braking, collision avoidance, and off-rt~ad recove before hard track train% tawnCab Models Models {own cab} provided to be driven by tirrainee: 1. Police cruiser {Ford Crown Victoria, Ford Taurus, Ford Explorer) 2. Ford Ranger Track 3. Three SWAT vehicles {Command Vehicle, Step Van, Support Vehicle) 4. Three sedans {Ford Mustang, Ford Taurus, Toyota Camry) 5. Ambulance and Ford Explorer Paramedic Vehicle 6. Two Fire Trucks 7. Courtesy Shuttle Bus S. Step Van and Small Van 9. Municipal Trucks: ©ump Trucks {6 and 10 wheel) and Garbage Truck {10 wheel} Scenario Models Models provided to appear in scenario as other vehicles: 1. Variety of cars 2. Variety of tracks, small and large 3. Emergency vehicles, including operational wigwag lights for Code 3 indication 4. Pedestrians 5. Road Barriers 6. Bicycles ?. Motorcycles 8. Animals 9. Traffic Signals '!0. Multiple police vehicle styles for multi jurisdictional teaming ;l •, .~ Confidential Page 't6 10!2012009 Applied Simulafion Technologies 801-aQ6-1340 a~ Delray Beach Police Dept. ~~'~~ _ ~:~, Scenario Pra-cess GEDf} provides flexibility for the training agency to create their own driving scenarios. acenaricrs and environments are designed to provide suffiaent realism in replicating real world driving situations. GEI~I~ scenario features include: • The programming capability provides the user with the ability to command by scripting vehicle models to interact with and between vehicles, cause vehicle models tea obey or disobey the rules of the road, and collide or avoid collisions with CAnmCab or other vehicles. • Logic statements, zones, and on the fly commands provide the trainer with the ability too program scenario vehicles to misbehave, stop-on-command, park right or left, act aggressively, pass, speed, ignore traffic cor>frol devices, and ignore siren such as lights and siren from a law enforcement unit during a trafl'<c stop. Realistic driving situations progress from simple to complex to include o Nom~al routine driving o Freeway, rural, and cify driving environments o Various weather conditions such as snow, rain, fog, wind The PatrolSim II comes with a STANI3AR© PACKAGE of scenarios and vehicles. This package includes 22 own vehices, all of which are automatic transmission, and includes 80 training scenarios. I'~lumber T Descri tion 10 Tntrodu#ory These scenarios are designed to acclimate the driver in the following environments: Freeway, Rural, Suburban, and Range. (All students should drive an introductory scenario before be " an trainin , 22 Chientation These scenarios provide the user with basic navigation Scenarios skills, and are additionally used to ~uni.iiarize the student with simulated drivin . 12 Traffic Stop These scenarios provide simulated traffic stop situations. 10 Emergency `T`hese scenarios are intermediate in complexity and Res onse rovide an ewer en re onse erience. 3 Evasive Steering These scenarios are designed to test drivers awareness and reaction to uick r nse situations, 15 Pursuit !Felony These are advanced scenarios intended to train the driver in a felon ursuit situation. 8 Pursuit 1 Infraction These are advanced scenarios intended to brain. the driver in a felon infraction situation. Confidential page 9 7 "l 0120/2009 Applied Simulation Technologies 811'1-506-3 Delray Beach Police Dept. ~Jpfional Package Descripfrans EVP ll Scenario Package The EVP TI scenario package contains 30 scenarios developed for law enforcement training, They consist oftraffic stops, first response, emergency response, and pursuit/felony scenarios. PiT Maneuver Software ss '~ The Pursuit Intervention Technique (PIT} Maneuver feature allows a driver to strategically place the driven vehicle's front left ar right bumper comer in direct contact w~h the scenario vehicle's right or left rear comer panel. 'fhe final tactical maneuver is to gently push the scenario vehicle beyond the pant of recovery. This action causes the scenario vehicle to spin through a predetermined tum while decelerating to a stop. • The P!T maneuver sc~:narios provide the basic understanding of proper pasi6aning of the police vehicle in order to perfarrn a pro~r execution of the maneuver. • The PIT scenarios also provide environmental conditions that may occur during a maneuver. The P!T package comes with four scenarios to achieve a basic training in the physical interven#iaons that are needed to execute the maneuvers. Number T T3escri ion 1 Introductory 'This scenario was designed to acclimate the driver to the driving environmernt and to show how to properly position a vehicle to perform an immobilization techni ue. 3 Training Scenarios Three additional scenarios provide the user with basic navigation skills, and the opportunity to practice the maneuvers in several environments, Custom Logo Graphics Using logo artwork supplied by the clierrt, one {l}vehicle from the vehicles supplied with the simulators is modified to include the logo, badge, or shield ofthe Client, This custonuzed vehicle is availabhe on all simulators purchased by the Client. The artwork supplied by the client must meet the AST's specifications, installation in Giient-Supplied Trailer or Recreational Vet~icie AST will install the simulator(s) into aclient-supplied trailer or RV at AST's factory in Salt Labe City, Utah Special arrangements can be made to do it at the client's site. AST can provide suggestions for the client to obtain the most suitable trailer or RV, However, the specification, purchase, service and waarranty of the trailer or RV are solely between the client and the trailer or RV manufacturer. AST only warrants the simulator as outlined in .Appendix B-Full Service VVarrairty. Gonfidentia! Page 18 14l201244'~J Applied Simulation Technologies 841-546-1344 Delray Beach Police Dept. The installation ack a includes: ~~'` p ~ ~` • AST labor to install simulator into the trailer or RV, Five {5) Air Springs to cushion each simulator during travel • Five {5~ Air Spring Brackets to a{17sr the air springs to each simulator base and trailer floor • Computer cable extensions * Te~sl:ing the simulator after installation tc> insure proper operation. The client is responsible for delivering the trailer or RV to AST's Salt Lake City Factory prior to installation anti transportation from the factory to the client's final destination following installation. __ Confidential Rage 19 1 11120/20{}9 Applied emulation Technologies 801-5116-134fl Delray Beach Police . APPENDIX -- B Client Responsibilities Overall, the Client is responsible to provide a suitable space far the simulator(s) and maintain that space and the condition of the simulators far the life of the simulator(s). ~.. ~~ Receiving and Sforage of the Sirrtulator System(s,~ The client must inspect the simulator systems upon receipt and notify AST of any damage to the simulator or its container. The client must stare the simulator, until it can be installed, in a safe location where it is protected from the weather or any other factor that might damage the simulator. Facili~,~ The Client is responsible to pmvide a suitable facility to house the simulator system(s) with the follov~ring requirements: Access to the Simulator Room The Client will move the simulator systems components from the storage site to the simulator room under the guidance of an AST Service Technician. The Client will provide access to the simulator room by the appropriate means such as ramps, elevator, farldift, etc. The minimum access to the simulator room is shown below: Simulator Minimum Access PatrolSim Line 72" wide x $4" hi Only a qualified AST Service Technician is authorized to disassemble the simulator to accommodate limited access to the simulator roam. Floor Space and Loading The Hoar space and loading required for each simulator type is shown in the table below: Simulator Minimum Floor Space per Simulator Floor Loading r Simulator ibs FatralSim Line 10' x 10' x 8' hi h 1,500 68~ Electrical Rower The electrical paver required far each simulator t~rpe and QpCon is shown in the table below: Simulator Circuits Am s Volts F uen , Hz FatralSim Line 2 15 115 60 Confidential Page 20 10/2t}~2009 Applied Simulation Technologies 809-506-1340 Delray Beach Police Dept. ~~ The above power requirements do not include power far room lights, HVAC, and any other power required by the ~Iient. MVAC The room the simulator is housed in should be maintained between 65 and 74°F. The heat load required for each simulator type is shown in the table below: S~imalator Heat Load Fer Simulator, BTtJ per Hour I'atrolSim Line 7 SUO Installation lnfarmatian Prior to scheduling an AST Field Service Technician to install the equipment, the Client must fill out and return. the Is~~tallation Information form. This form is available from AST at the time the order is plaGCed. Confidential Page 2'1 9012QJ2UCIS Applied Simulation Technologies 8t29 •Stlli-"134Q y ~`"` iv DEt_RAY BEACH P£}'LICE QEP'ARTMENT ME~AUFtAhI[~UM TtJ: Chief Anthony 1N, ~trianese FROM; Assistant Chief Jaseph Milenkc~vic ~"1~ DATE: Cecemt~er 1 'l , 2t}Q9 SUBJECT; C3RIYtNG 511~fULATOR After reviewing the information provided by the Training Section in reference to our driving simulators, I recommend that we use t_ET money to cover the expense of reconditioning these simulatr~rs. We received these simulators as a donation from the Braward County Sheriffs C,ce. Vt% received a ~'i~,C}£l{} grant toward the reconditioning. This {eaves our cast at $29,9t}{~,C3t1, As you know, driving is a high liability issue and consistent training is important, These s"rmulators will assist us in achieving thin. l have researched and found that there will be no known additional casts. Please let me knew if you would like to proceed, JMi€ppt Attachment ti~ ~J sir , ~~~~ ~i ..Et r ~,, k. ~,~ ~ ,~ serv~r~g ~~rn ~ ~,~.v,~. Page 1 of 2 ~EMQRANDUM TO: Mayor and City Commissioners FROM: Michael Vinci, Planner Paul Dorling, Director Planning and Zoning THROUGH: David Harden, City Manager DATE: January 27, 201 fl SUBJECT: AGE1tiiI)A ITEM 9.A. -REGULAR COMMISSION MEETING OF FEBRUARY 2 2010 WAIVER REOUESTJWAL-MART CENTER ITEM BEFORE Ct~MMISSION The waiver request is to allow an alternative {concrete bollards) to wheel stops in all {22) handicap accessible spaces for the Wal-Mart development. BACKGROUND The subject property is a 10.56 acre parcel located on the west side of Military Trail south of Linton .Boulevard. An upgrading of the site was approved by City Commission {24hr Conditional Use) on November 27, 2007, and SPRAB (site development improvements) on March, 25, 2008. These site improvements included upgrading of the parking lots, including lighting, landscaping, and restriping. With the completion of these improvements, the wheel stops for the handicap spaces have become a tripping hazard and the requested improvements are part of a corrective solution. Waiver Analysis: 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) Sha11 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 following is a portion of the narrative submitted by the applicant in support of the waiver request: The Walmart project currently has wheel stops and/or curbs at all Code required locations....Currently, there are some existing handicap parking signs mounted on concrete jxlled bollards which prevent cars from encroaching into the ADA accessible walkway....~ldditional concrete bollards will be added.... if the ~taiver is granted, and these will prevent vehicles from driving beyond the space into the accessible http:llmiweb0011AgendasBluesheet.aspx?Item1D=3000&MeetingID=231 11291201 fl Fage 2 of 2 walkway. .During the expansion construction, wheel stops were installed per the approved site plan. A number of times patrons using the handicap parking stalls tripped over the concrete wheel stops....Based on a long history of store operations, T~almart has found that wheel stops pose a trip and fall hazard to ifs customers when the wheel stops are located within the handicap parking area. Given that the stare has a large percentage of elderly customers, there is a distinct probability that more accidents may occur. The installation of additional bollards will serve to prevent ears from encroaching into the walkways, and are a much safer alternative to the wheel stops. The proposed addition of the bollards will serve to decrease the likelihood of automobiles using the handicap accessible areas as a pass through, which may, in effect, cause an accident. This, in conjunction with the removal of the wheel stops to prevent unnecessary falls, will create a much safer environment. The waiver will not adversely affect neighboring properties ar diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7{B} (5} can be made. RECOMMENDATION Approve the waiver from the Land Development Regulations Section 4.6.9 {D}{4}{b}, which requires wheel stops to be provided far all parking spaces other than parallel, based an positive findings with LDR Section 2,4.7{$} {5}. http:l/miweb0011Agendas(Bluesheet.aspx?ItemID=3000&MeetinglD=231 112912010 TN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FtJR WALMART ORDER 4F THE CITY CC}MMISSION 4F THE CITY QF DEI_RAY BEACH, FLORIDA 9. The waiver request came before the City Commission on February 2, 209 0. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Walmart. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection 1. 1. WAIVER: Pursuant to CDR Section 4.6.9 {D){4)(b), which requires wheel stops to be provided far all parking spaces other than parallel. The waiver request is to allow an alternate (concrete bollards) to wheel stops in all 22 handicap accessible spaces. Pursuant to t_DR 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) ShaA 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 far another applicant or owner. Does the waiver to Section 4.6.9 (D){4}{b) to allow concrete bollards in the 22 handicap accessible spaces instead of wheel stops meet all the requirements of 2.4.7{B}{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 9 submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. "fhe City Commission finds there is ample and campetent 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 campetent witnesses supporting these findings. b. Based on the entire record before it, the City Commission approves denies the waiver request to LDR Sections 4.6.9(D}~4}(b). 6. Based an the entire record before it, the City Commission hereby adopts this Order this 2i° day of February, 2010, by a vote of in favor and opposed. ATTEST: Nelson S. Mcpuffie, Mayor. Chevelle Nubin, City Clerk 2 200 EAST BROWARD BOULEVARD SUITE i5t111 FORT LAUDERDALE, FL4RtDA 33301 POST OFFICE BOX 1400 FdRT LAUDERDALE, FLORIDA 33302 1951) 527.2413 FAX: {954) 333-#012 SVSAN.MaTL7:Y~RUDEN.COM December 1, 2009 Scott rape, AICP, Senior Planner City ofDelray Beach 100 NW 1ST Avenue Delray Beach, FL 33444 _ _ !~ .r ; i ~ . . ._. _.__._ ......._._.,...~., __~ z ~, _r. I r'4 . E.ti ::1 Uc f ~ i j'. ti Re: Request for Approval of Waiver to Remove Wheel Stops in Handicap Parking Spaces at Walnnart Store # 1589-03, 16205 South Military Trail, Delray Beach, Florida Dear Scott: .Based an your prior discussions and correspondence with Crreg Wilfong at Kimley-Ham and Associates, inc. {KHA), we are submitting this waiver application for removal of the wheel stops located within the store's twenty-two {22) existing handicap parking spaces. This waiver is requesting relief from the wheel stop requirements of Section 4.6.9 {D){4)(b~ of the Land Development Cade for the twenty-two {22) handicap spaces. Code Section 4.b.9 {D){4){b) states. Wheel Stops shall be pxovided far all parking, other than para11e1, in the form of concrete ar asphalt wheel stags ar a continuous concrete curb which is located sa that there is two feet {2~ of clear distance from the front edge of the device to the front of the parking space. Treated wand, stones, or similar landscape features may be allowed upon approval through the site plan review process. The requirement far wheel stops may be waived through the site plan review process when the parking spaces are on stabilized sod. [Amd. t3!rd. 4b-96 11/5/9b] The Walmart project currently has wheel stops andlor curbs at all Code required locations. Exhibit 1 to this letter shows the overall site plan, including the existing handicap parking stalls. Exhibit 2 to this letter shows the proposed revisions to the handicap stalls with an enlargement ofeach of them. Currently, there are some existing handicap parking signs mounted on concrete filled bollards which prevent cars from encroaching into the ADA accessible walkway; please refer #a attached pictures. Additional concrete bollards will be added as shown RM:694fi65ti:! RUDEhI, McC~4SKY, SMITH, SCHUSTER & RUSSE~1., P.A. QQCARAT(NV * FT. tAU0F1fDAtF • MbVd1 * NAPT~ • ORLANDO ~ PURT ST.INtiE * SARASOTA • SL PEiFRSOURC. • TALFAkA35fE • TAMPA • UVF:ST PALM SEAgI Scott Pape, A1CP, Senior Planer City of Delray Beach December 1, 2049 Page 2 in Exhibit 2 if the waiver is granted and these wil! prevent vehicles from driving beyond the space into the accessible walkway. During the expansion construction, wheel steps were installed per the approved site plan. A number of times patrons using the handicap parking stalls tripped over the concrete wheel stops. As a result, Walmart's construction manager instructed the contractor to remove all twenty-two {22) of these wheel stops to avoid more trip and fall accidents. Last summer, Greg Wilfong discussed the removal of the wheel stops with the Environmental Services Department. The Department concurred that the request was justified and allowed the removal of the wheel stops. ()n August 13, 2449, I~HA, submitted an application far a Class I Site Plan Modification reflecting this change. It was at this time that the Planning and Zoning Department determined Walmart needed to process a waiver approval to remove the wheel stops. Walrnart then reinstalled the wheel stops in order to remain in compliance and to obtain the certificate of occupancy for the expansion. Based on a Lang history of store operations, Walmart has found that wheel stops pace a trip and fall hazard to its customers when the wheel stops are located within the handicap parking area. Given that the store has a large percentage of elderly customers, there is a distinct probability that more accidents may occur. The installation of the additional bollards will serve to prevent cars from encroaching into the walkways and are a much safer alternative to the wheel stops. This will provide a much safer shopping environment. Please let me know if you need anything more to process this request. A check in the amount of ~ ] 44.40 is enclosed. Since ly, ~'~~ Susan P.1 SPMlbab (check enclosed} Attachments: Exhibit ]Site Plan Exhibit 2 Handicap Areas Site Pictures [tM:64465Sb:1 RUDEN, McCtQSKY, SMITH, SCFtUSTER & RUSSECC, P.A. HOCA tATON + fT. LAL717ERDAtE • Af1ARU • NAPLES • OIILAkflB + POltf St. lUt~ • SARASOTA + ST. PETFM59URG +' TAl1Ai#ASSEE * TAMPA +' WEST VALM BEA~Cf1 ., RM:69~iSG56: f RUDEN, McCLC3SKY, SMITH, 5CHUSTER & RUSSELL, P.A. lOtA RATgN • PT, itAUirERT1AlE • ARAMI • NAPLES • ORtAt~TlO • PART ST. RUCiE • SAYASQTA • 3T. 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JEFFERSON, SENIOR PLAI~~~IER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZOMNG THROUGI~: CITY MANAGER DATE: January 27, 2010 S[J$JEC`I`; AGENDA ITEM 9.B. - REGiTLAR COMMISSIC}N MEETING flF FEBRUARY 2 2410 WAIVER REQUEST/PNC BANK ITEM BEFORE COMMISSION The item before the City Commission is consideration of blue awnings far PNC Bank {outbuilding C) lacated within the New Century Commans shopping center pursuant to LDR Section 4.6.18{B)(13)(b). BACKGROUND The subject request is associated with Outbuilding C, lacated in the northeast quadrant of the New Centlary Commans shopping center, at the southwest earner of Linton Boulevard and SW 4th Avenue (500 Linton Boulevard}. On September 10, 2007, the Site Plan Review and Appearance Board (SPRY) approved a Class IV Site Plan for New Century Commons which provided black and white striped awnings for the entire shopping center which included a bank an Outbuilding C. Currently black and white striped awnings are installed on all buildings within New Century Commons except Outbuilding C (this request). Pursuant to LDR Section 4.6.18(B)(13){a) outbuildings shall be compatible in terms of color, materials and architectural style. The current proposal is to install blue awnings on the PNC Bank autparcel. Pursuant to LDR Section 4.C.18(B)(13){b), when an outbuilding is inconsistent in design with the balance of the shopping center a recommendation from the Site Plan Review and Appearance Board (SPRAB) and final approval by the City Commission is required, It should be Hated that neither Sports Authority, Pet Smart, Chipotle Restaurant nor AT&T {other corporate uses in the shopping center) have been allowed to install awnings which match their corporate image. Installation of the blue awnings for this outbuilding would be inconsistent with the existing black and white striped awnings an the balance of the shopping center. The applicant's original intent was to maintain consistency with the SPRAB approved architectural elevations {black and white canopies), however, during permit review the Fire Department objected to the installation of the striped awnings because they did not satisfy fire resistance standards. The City Fire Department has since indicated that the black and white striped awnings would meet fire resistance standards per the City Fire Code if they were sewn together, rather than glued and sealed. However, this is not desired by the PNC Bank applicant due to a tendency for sewn awnings far be less weather resistant over time. An http:llmiweb0011AgendaslBluesheet.aspx?ItemID=3001 &MeetingID=231 1129/2010 Page 2 of 2 alternative solution would be for PNC Bank to install solid black or white awnings which would be more compatible with the existing installed awnings. The applicant has chosen not to take that approach and is requesting approval of a solid blue color consistent with their corporate colors. Staff would recommend that the Commission require either sewn black and white striped awnings or a solid black or solid white awnings to maintain consistency with the color scheme of the overall center. REVIEW BY OTHERS On January 13, 2010, the Site Plan Review and Appearance Board {SPRAB} considered the request and recommended approval to the City Commission for the installation of blue awnings for PNC Bank {Outbuilding C}, pursuant to LDR Section 4.6.14{B}{13}{b}. .RECOMMENDATION Deny the architectural elevation change for the PNC Bank Outbuilding C to install blue awnings, based upon an inability to make positive findings with respect to LDR Section 4.6.1${B}{13}{b} of the Land Development Regulations, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 4.6.14{E} of the Land Development Regulations. http.lliweb0011AgendasBluesheet.aspx?Item1D=3001 &MeetingZD-231 1129!2010 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA REQUEST FOR ARCHITECTURAt_ ELEVATION CHANGES FOR PNC BANK ORDER OF 'CHE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This request came before the City Commission on February 2, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the request for PNC BANK. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection 1. I. REQUEST FOR ARCHITECTURAL ELEVATION GRANGES: Pursuant to I_DR Section 4.6.18 {B}(13)(b}, "The Site Plan Review and Appearance Board shall make a finding of such compatibility prior to approval of outbuilding elevations. If the Board determines that there is not compatibility with respect to any of the items, then it shall deny the elevations. However, if the Board feels, despite incompatibility, the elevations should be approved they shall forward the elevations to the City Commission with a recommendation of approval and the City Commission shall take a final action." Should the finding of the Site Plan Review and Appearance Board be approved? Yes No 8. 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. 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. 1 5, Based on the entire record before it, the City Commission approves denies the request to CDR Sections 4.6.18 (B}{13)(b). 6, Based on the entire record before it, the City Commission hereby adapts #his Order #his 2"~ day of February, 2010, by a vo#e of in favor and opposed. ATTEST: Nelson S. McDuffie, Mayor Chevelle Nubin, City Clerk 2 U C C SATE PLAN REVIEW AND APPEARANCE B4ARf3 STAFF REPQRT Agent: Bill Bryant & Associates Project Name: PNC Bank Project Location: Southwest corner of Linton Boulevard and SW 4th Avenue N 11"~M BEFC}RE "T1~E BC}ARI'~ The item before the Board is approval of a Class 1 Site Plan Modification for architectural elevation changes limited to changing the color of the awnings from black and white stripes, to blue, for PNC Bank, pursuant to Land Development Regulations (LDR} Section 2.4.5(G}{1}{a}. BACKGRQUND'ffiVF+r~RMATIt)N "fhe subject site is associated with C}utbuilding C, located in the northeast quadrant of the previously approved New Century Commons development, at the southwest corner of Linton Boulevard and SW 4th Avenue. On September 10, 2007, the Site Plan Review and Appearance Board (SPRAB} approved a Class IV Site Pian, Landscape Plan, Architectural Elevations and Photometric Plan for New Century Commons. Subsequently, the conditions of approval were met and the plans were certified by the Planning and Zoning Director on Jan. 14, 2008. On September 24, 2008, a Class I Site Plan Modification for New Gentury Gommons was approved by the Site Plan Review and Appearance Board {SPRAB} for the site plan, landscape plan, photometric plan and architectural elevation changes associated with construction of a 6,000 sq. ft. National City Bank within Outbuilding G of the New Gentury Gommons development. On June 10, 2009, the Site Plan Review and Appearance Board {SPRAB} approved a G{ass 1 Site Plan modification changing the 6,000 sq. ft. Outbuilding C from the preciously approved National Gity Bank to the existing PNC Bank. Now before the Board for consideration is a Class I Site Plan modification to change the awnings for Outbuilding C from the previously approved black and white stripes, to blue, for PNG Bank. PROJECT;: dESCR1PTIt~N Shopping centers are required to have consistent architectural elements. The shopping center was approved with black and white striped awnings which included those intended for the prior National City Bank. The applicant for the new PNC Bank was denied a permit for the black and white striped awnings that were approved previously. Specifically, the Fire Department objected to the installation of the striped awnings because they did not satisfy fire retardant standards. Accordingly, the PNC Bank is now requesting a color change to "PNC blue" in order to receive approval. Subsequent to the receipt of the Class I site plan modification application for the blue awnings, the City Fire Department has indicated that the black and white striped awnings would meet fire resistance standards per the City Fire Code if they were sewn together, rather than glued and sealed. The black and white striped awnings which were originally approved far PNC Bank are consistent with those (as required} for the balance of the New Century Commons shopping center. No awnings have been installed for PNC Bank to date; however, the black and white awnings for the SPRAB Report: Meeting of o1t13t10 PNC Bank -Class 1 Site Plan Modifica#ion Page 2 balance of the center have been installed. Installation of the proposed blue awnings would be inconsistent with the existing awnings for the shopping center. The applicant expressed the original intent was to maintain consistency with the SPRAB approved architectural elevations for the balance of the shopping center, which resulted with the installation of the black and white striped awnings. Since the City Fire Department has now confirmed that this remains a viable option with the installation of black and white striped sewn awnings, staff recommends that the applicant provide a black and white striped sewn awning sample to accompany the pending building department application, which will meet City Fire Code fire resistant standards. <, AI`tCHITECTIlRAL ELEVATIQN ANALYSIS LDR Section 4.6.18i'E) -Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB}, in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 1. The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The development proposal includes changing the previously approved black and white striped awnings, to blue, for Outbuilding C occupied by PNC Bank in the northeast corner of the New Century Commons Development. The primary multi-tenant retail building {Outbuilding A}, as well as the retail Outbuilding B in the northwest corner of the site, have existing black and white striped awnings and also encompass similar color schemes as the PNC Bank building elevation. "fhe proposed "`PNC Blue" awning color is being proposed which is specific to the PNC Bank corporate image. {It should be noted that neither Sports Authority, Pet Smart nor Chipotle Restaurant have been allowed to install awnings which match their corporate image.) While black and white striped awnings were approved by the SPRAB for the entire shopping center, when presented for building permit application approval, only solid black material was submitted and not the approved black and white striped material. The New Century Commons shopping center was issued a permit for solid black awnings which met the fire resistance standards per the testament of the City Building and Fire Departments. In such case, an alternative solution would be for PNC Bank to install solid black awnings which would be compatible with the existing installed awnings, but would not necessarily be deemed consistent with the existing black and white striped awnings existing for Pet Smart, Sports Ruthority and Chipotle Restaurant. Pursuant to LDR Section 4.6.1$(B)(13){b), if the Site Plan Review and Appearance Board {SPRAB} feels that despite the incompatibility, the blue awnings shall be approved, the Board shall forward the elevations to the City Commission with a recommendation of approval and the City Commission shall take final action. Per staff s assessment of the proposed color scheme, the blue awnings are found to be incompatible with the surrounding properties. Thus, positive findings cannot be made with regard to this criteria. SPRAB Report: Meeting of 01113110 PNC Bank - Class E Site Pfan Modification Page 3 Thus, as a condition of approval, black and white striped sewn awnings should be considered instead of blue awnings. It could then be established that the PNC Bank awnings proposed for Outbuilding C are consistent with the other architectural design components and solar schemes proposed within the development, upon addressing the staff recommended condition of approval. Upon doing so, the architectural elevations will be found compatible and harmonious with the surrounding properties and positive findings can then be made with regard to the criteria listed in LDR Section 4.6.18(E}. ASSESSMENT AND CC}NCLUSIflN The development proposal consists of changing the approved black and white striped awning color to "PNC blue". The proposed change to the blue awning color far PNC Bank is inconsistent with the architectural design and color scheme that is prevalent in the New Century Commons development. However, upon making the awning style and colors consistent with the scheme of the existing New Century Commons shopping center, the proposed changes by PNC Bank can be found in compliance with LDR Sections 4.6.18{E) and Section 4.6.18(8}(13}{b}. One way this can be accomplished is by the utilization of black and white striped sewn awnings instead of blue awnings. If the Site Plan Review and Appearance Board (SPRAB} feel that despite the incompatibility, the blue awnings shall be approved, the Board shall forward the elevations to the City Commission with a recommendation of approval and the City Commission shall take final action. At_TERNATVE ACTIQNS A. Move postponement of the Class I site plan modification for architectural elevation changes for PNG Bank, by electing to continue with direction. B. Move approval of the Class I site plan modification for architectural elevation changes for black and white striped sewn fabric awnings for PNC Bank, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with Land Development Regulations LDR Sections 4.6.18(E) and Section 4.6.1$(8}(13}(b), subject to the attached condition of approval, C. Move approval of the Class l site plan modification far architectural elevation changes for black awnings for PNG Bank, by adopting the findings of fact and law captained in the staff report, and finding that the request is consistent with Land Development Regulations LDR Sections 4.6.18(E) and Section 4.6.18(8)(13}(b), subject to the approval of the Gity Commission, D, Move approval of the Class 1 site plan modification for architectural elevation changes for blue awnings for PNC Bank, by adapting the findings of fact and law contained in the staff report, and finding that the request is consistent with Land Development Regulations LDR Sections 4.6.1$(E} and Section 4.6.18(8}{13)(b}, subject to the approval of the Gity Gommission. E. Moue denial of the Class I site plan modification for architectural elevation changes for PNC Bank, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with LDR Sections 4.6.1$(E} and Section 4.6.18(8}{13)(b). SPRAB Report: Meeting of 01/13110 PNC Bank -Class 1 Site Plan Modification Page 4 RECt~11~MEN,OED'`ACTIaN Architectural Elevations Move approval of the Class I site plan modification for architectural elevation changes for black and white striped sewn fabric awnings for PNC Bank, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with Land Development Regulations CDR Sections 4.6.18{E) and Section 4.6.1$(B)(13)(b), subject to the attached condition of approval: The color scheme of the proposed awnings for the PNG Bank Outbuilding C shall be consistent with that of the other retail developments with which it will share the same shopping center or relief must be granted by the Gity Commission. This can be accomplished is by the utilization of black and white striped sewn awnings instead of blue awnings for the PNC Bank Outbuilding C. 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EOU tEVAtiO ROYAL SUN BANK PALM MORTGAGE BURGER KING ~ DEtRAY INDUSTRIAL PARK ~ 4 = ~ SOLlO WASTE ~ 7RANSt:ER STA 7JON _ 7TlE ~ ~ DEV2AY ~ YININGS MILIER 4 LINCOLN ~ ~ z MERCURY ~ 6 tiy,3 OAN BURNS OLOSMOBltE' MILLER PARK s -- 0 O MORSE C'A -_ BAGUET cLUB N NEW CENTURY C{JMMaNS -~-- (f.k.a. GEORGETOWN SQUARE} CITY Of OEI.RAY 9EACH, it SUBJECT PROPERTY LOCATION MAP PLANMNC & 2ONiNG 6EPARTMENT YYTAt 84.SE AiWP SYSrEM -- ddNS REf: IJd92 Page 1 of 2 ~~ n MEMORANDUM TO: Mayor and City Commissioners FROM; Amy E. Alvarez, Historic Preservation Planner Paul Darling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: January 27, 21114 SUBJECT: AGENDA ITEM 4.C. -REGULAR COMMISSION MEETING OF FEBRUARY Z 2010 CONDITIONAL USE REOUESTIS.D. SPADY MUSEUM AND CULTURAL ARTS CENTER ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a conditional use request to allow an outdoor amphitheater at the SD Spady Museum and Cultural Arts Complex, located on the west side of NW 5th Avenue, between NW 1st and 2°~ Street, within the Central Business District (CBD) zoning district. BACKGROUND The subject property contains the circa 1926 two-story, 1,077 square foot S,D, Spady Cultural Arts Museum and the circa 1935 one-story, 9fi5 square foot Susan Williams house. Each structure is individually listed on the Local Register of Historic Places; both are located in the West Settlers Historic District. In January 200b, the City Commission approved an identical request subject to certain operating conditions which addressed concerns regarding the potential impact on the surrounding residential neighborhood, and parking deficiencies. On December 11, 2007, the City Commission granted an eighteen month extension of the conditional use which was valid until July 3, 2009. The use was not established and an extension request was not submitted; therefore, the conditional use approval expired. A new conditional use request (identical to the previous approval} has been submitted. REVIEW BV OTHERS The Historic Preservation Board (HPB) reviewed the subject request at its November 18, 2009 meeting and made a recommendation of approval, subject to the previous operational conditions, to the Planning and Zoning Board by a vote of 7 to 0. The operational conditions are summarized below, The Planning and Zoning Board held a Public Hearing far the subject request at its January 25, 2010 meeting and made a recommendation of approval subject to the same operational conditions on a S to 0 http:llmiweb001 /AgendasCBluesheet.aspx?ItemID=2998&MeetinglD=231 112912010 Page 2 of 2 vote (Joe Pike stepped down, Debra Dowd was absent}. RECC}MMENDATION Approve the Conditional Use request to allow an outdoor amphitheater at the S.D. Spady Museum and Cultural Arts Complex at 154-174 NW Sze' Avenue in the West Settlers Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations, subject to the following conditions: 1. That EPOCH receive written permission from St. Paul's for use of its parking facility for any particular event, or that other arrangements acceptable to the City are made; 2. That the amphitheater is not used if the parking arrangement with St. Paul's is terminated unless other parking arrangements are made which are acceptable to the City; 3. That EPOCH obtain City approval for any event at which more than fifty {50} attendees are expected; 4. That no more than three daytime and two nighttime events are held weekly. 5. That the hours of operation on Fridays and Saturdays not extend beyond 11:00 pm and 10:44 pm on all other days, 6. That EPOCH apply to the City for a special permit for any event where the amphitheater is to be rented to a third party, including approval of any amplified sound at the event. 7. That amplified sound be otherwise permitted only at Kids Cultural Club and EPOCH events. C~ http:llmiweb441/Agendas/Bluesheet.aspx`?ItemID=2998&MeetingID=~31 1/29/2414 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: January 25, 2010 ITEM: Conditional Use Request for the Establishment of an Outdoor Amphitheater at the SD Spady Museum and Cultural Arts Complex located at 454-470 NW 5rn Avenue, West Settlers Historic District. GENERAL DATA: Owner ............................. City of Delray Beach Applicant ........................ EPOCH (Expanding and Preserving Our Cultural Heritage) Agent .............................. Judson Architecture, Inc. Location .......................... West side of NW 5`h Avenue, between NW 15t Street & Martin Luther King Jr. Drive (NW 2"d Street) Property Size .................. 0.475 Acres Future Land Use Map... CC (Commercial Core) Current Zoning ............... CBD (Central Business District) Adjacent Zoning...North: CBD (Central Business District) East: CBD (Central Business District) South: CF (Community Facilities) West: R-1-A (Single Family Residential) Existing Land Use.......... Museum Proposed Land Use....... Outdoor Amphitheater Water Service ................. Existing on site. Sewer Service ................ Existing on site. D ~- N.W. ~$ z ~ z t - FTRE STATION NO. 1 A T L A N T I C A V E N U E POLICE COMPLEX `tTE 1Vf "B`r=1=0 E 7HE BOARTa ~ fi ',~ L,.. ~ _.. __ . , ry~ R The item before the Board is that of making a recommendation to the City Commission on a Conditional Use request to establish an outdoor amphitheater at the S.D. Spady Museum and Cultural Arts Complex located at 954-970 IdW ~~' Avenue in the West Settlers Historic District pursuant to Lt7R Sections 2.4.5{E) and 4.4.13{D}. a ~~ i~ ~~ACKG~Rdl3~lp S-PROJ[:1CT~.l~ESCRIRT'{(Jjil ~ ~~~ The property is located on the west side of NW 5~' Avenue and contains the circa 1926 two- story, 1,077 square foot S.D. Spady Cultural Arts Museum and the circa 1935 one-story, 965 square foot Susan Williams house. Each structure is individually listed on the Local Register of Historic Places; both are located in the West Settlers Historic District. The Mediterranean Revival style S. D. Spady House is recognized for its architectural significance in addition to its cultural significance as the home of a prominent black educator and community leader in the City. The Bungalow-style Susan Williams House is also recognized not only for its architectural sign~cance but for its cultural significance. Susan Williams was a mid-wife who often provided the only medical service to the African American community. In December 2005, an identical conditianal use request for the amphitheater was reviewed and recommended for approval by the Planning and Zoning Board. In January 2006, the City Commission approval the proposal subject to the following: 1. That EPC}CH receive written permission from St. Paul's for use of its parking facility for any particular event, or that other arrangements acceptable to the City are made; 2. That the amphitheater is not used if the parking arrangement with St. Paul's is terminated unless other parking arrangements are made which are acceptable to the City; 3. That EPOCH obtain City approval far any event at which mare than fifty {50} attendees are i expected; 4. That no mare than three daytime and two nighttime events are held weekly. 5. That the hours of operation on Fridays and Saturdays not extend beyond 11:00 pm and 10:00 pm on all other days; 6. That EPOCH apply to the City far a special permit for any event where the amphitheater is to be rented to a third party, including approval of any amplified sound at the event. 7. That amplified sound be otherwise permitted only at Kids Cultural Club and EPOCH events. The noted conditions were required to address cancems regarding the potential impact on the surrounding residential neighborhood, and parking deficiencies. On December 11, 2007, the City Commission granted an eighteen month extension of the conditional use which was valid until July 3, 2009. However, the use was not established and an extension request was not submitted; therefore, the conditional use approval expired and a new conditional use request has been submitted for the amphitheater. Site Plan Modifications approved in 2006 and 2008 provided for the adaptive reuse of the Susan Williams House to a Community Guttural Arts Center, the construction of a two-story support facilities building for relocated office space from the museum, a concession stand, storage and restroom areas for visiting patrons. The plans for the aforementioned site improvements have been certified as approved by the Planning and Zoning Department Director and minimal C Planning and Zoning Board Staff Report -January 25, 2010 154-170 NW 5'h Avenue -Amphitheater Conditional Use; 2010-018 Page 2 additional information is pending far the issuance of a Building Permit. tJnce 25°fo of the total amphitheater cost has been invested, the use will be considered established. The application describes the amphitheater as follows; "A covered amphitheater will be construcfed of the soufhwesf corner of the life, with stage and seating for approximately fifty persons. The C. Spenser Pompey Amphitheater will be an ideal arena for an array of small gatherings. Expected year- round usage of the amphitheater will include program and holiday activities, as well as public use as a revenue source. The amphitheater will have audio and lighting systems that can accommodate voice, and music for small community theater productions. Sma/1 clusters of speakers wr"11 be hung below the stage proscenium, aimed away from the direction of the neighbors and adjusted fo meet acceptable Levels within the neighborhood. Use of the amphitheater wrll be limited to small gatherings for children's plays, senior discussions, Spady Clay events, small weddings, jazz presentations and similar events on weekdays until 9:3t~pm and on weekends anti! 1tl:3tlpm. A staff' member(s) will be on site for all events." The conditional use request is now before the Board for a recommendation to the City Commission. ~-~ - -- - ANALYSIS 'k~~r .. As previously noted, the amphitheater use and its associated site plan were previously approved by the City Commission and 1-iistc~ric Preservation Board, respectively. The candi#ianal use plans, which were approved subject to operational conditions, were certified by the Planning 'i~ and Zoning Director, as were the Site Pfans as they were found to be in compliance with the LDRs and ail conditions of approval were addressed. The current plans da not differ tram the aforementioned certified plans, and, therefore, Staffs recommendation is to approve the amphitheater use subject to the previous operational conditions of approval. Far review purposes, the applicable LDRs are Hated below. Pursuant to iLDR Section 4.4.13(D)(14), an amphitheater is permitted as a Conditional Use within the Commercial Business District (CBD} zoning district. Pursuant to LDR Section 4.6.9(B~, off-street parking shall be provided for any new category of use established. Additionally, C.DR Section 4.6.9 {C}(6}{a} states that assembly halls, conference and meeting rooms, theaters, stadiums, civic centers, community theaters, cultural facilities, arts and crafts centers, and similar uses shall provide 0.3 of a parking space far each seat ar 1 space for each 50 square feet of total floor area, whichever is greater. Therefore, the 965 square foot Susan W[liams douse requires twenty (20} spaces (965/50 = 19.3} and the amphitheater requires .3 spaces per seat (.3 spaces x 50 seats = 15 spaces} for a total of thirty- i:tve (35} spaces. Pursuant to LDR Section 4.6.9(E}(4)(a), parking for day-to-day operation may be provided on other property within three hundred feet (300'} provided that both properties are of the same general type of zone designation (i.e. cornrnercial, industrial, office, etc.} ar when the off-site parking site is zoned CF and a conditional use approval for use as a parking lot has been approved. n Planning and Zoning Board Staff Report -January 25, 2010 154-170 NW 5'n Avenue -Amphitheater Conditional Use; 2014-016 Page 3 • ~_J U For uses andlor facilities thai< have large parking demandslrequirements and which are otherwise subject to conditional use approval {e.g. stadiums, places of assembly, community and civic centers, recreafranal areas, etc.) such parking may be provided off-she. Eight {8} existing parking spaces are provided an site and additional on-street parking has been constructed along NIW 5"' Avenue, and there are municipal parking lots within the vicinity of the site. In 2005, the applicant submitted a letter from Saint Paul African Methodist Episcopal Church to address additional parking accommodations which states that °as part of the social, civic and community obligations the church is authorized to allow EPOCH the use of its facility when such use does not conflict with church activities." The parking deficiency was addressed with the previous approval via the following conditions of approval: 1. That EPOCH receive written permission from St. Paul's for use of i#s parking facility for any particular event, or that other arrangements acceptable to the City are made; 2. That the amphitheater is not used if the parking arrangement with St. Paul's is terminated unless other parking arrangements are made which are acceptable to the City; 3. That EPOCH obtain City approval for any event at which more than fifty (50} attendees are expected; With respect to the compatibility of the amphitheater and pursuant to LDR Section 2.4.5(E)(4), the City Commission must make findings that establishing the conditional use will not: (a) have a sign~cantly detrimental effect upon the stability of the neighborhood within which it will be located, nor {b) hinder development or redevelopment of nearby properties. Small clusters of speakers are proposed to be hung below the stage proscenium, aimed away from the neighbors and adjusted to meet the acceptable levels within the predominantly residential neighborhood. A review of surrounding land use patterns show that residential uses exist to the east across NW 5~' Avenue and to the west where residential tats abut this site ten feet {10'} from the amphitheater. Those concerns regarding the amplified sound were previously addressed via the fallowing conditions: 1. That EPOCH obtain City approval far any event at which mare than fifty (50} attendees are expected; 2. That no mare than three daytime and two nighttime events are held weekly. 3, That the hours of operation on Fridays and Saturdays not extend beyond 11:00 pm and 10:00 pm on all other days; 4. That EPOCH apply to the City far a special permit for any event where the amphitheater is to be rented to a third party, including approval of any amplified sound at the event. 5. That amplified sound be otherwise permitted only at F{ids Cultural Club and EPOCH events. f _y~ _.. ASSESS~IIhLN7 & Cd;NCI~U~._ .:._ The proposed outdoor amphitheater at the S. D. Spady Museum and Cultural Complex intends to provide an additional venue for cultural events and opportunities for the community, However, during the original review in 2005-2006, there. were concerns of the amphitheater's passible impact on the surrounding residential neighborhood, including noise level concerns, times of use, frequency of use and parking issues. As a result, the applicant acknowledged and addressed these concerns through a number of operational conditions of approval set forth by the City Commission in 2006, which are included for this request as conditions of approval. Therefore, positive findings can be made with respect to t_DR Section 2.4.5{E} regarding the effect of the proposed development with the surrounding properties based upon conditions of approval. Further, the use is consistent with the Objectives and Policies of the Comprehensive Plan as well as Chapter Three and LDR Section 4.3.3 of the Land Development Regulations. Planning and Zoning Board Staff Report -January 2$, 2010 154-1T0 NW 5m Avenue -Amphitheater Conditional tJse; 201 ~-016 Page 4 Upon approval by the City Commission, the subject request will be valid for 24 months, unless it has otherwise been establtshe~ in accordance with the LDRs. ~_ - - - ., . - at~~~RN~aTi~ES' _, _, __ _ A. Postpone with direction, B. Move a recommendation of approval of the conditional use request to allow an outdoor amphitheater for the S.Q. Spady Museum artd Cultural Arts Complex, 154-170 NW 5~` Avenue in the West Settlers Historic District, by adopting the findings of fact and law contained in the staff repor#, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use request to allow an outdoor amphitheater for the S.D. Spady Museum and Cultural Arts Complex located at 154-170 NW 5f" Avenue in the West Settlers Historic District, 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 the Land Development Regulations. Move a recommendation of approval of the conditional use request {2010-016) to allow an ;'~ outdoor amphitheater for the S.D. Spady Museum and Guttural Arts Complex, 154-170 NW 5~' Avenue in the West Settlers Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations, subject to the following conditions; 1. That EPOCH receive written permission from St. Paul's for use of its parking facility for any particular event, or that other arrangements acceptable to the City are made; 2. That the amphitheater is not used if the parking arrangement with St. PauPs is terminated unless other parking anrangements are made which are acceptable to the City; 3. That EPOCH obtain City approval for any event at which mare than fifty {5C1~ attendees are expected; 4. That no more than three daytime and two nighttime events are held weekly. 5. That the hours of operation on Fridays and Saturdays not extend beyond 11:00 pm and 10:00 pm on ali other days; F. That EPOCH apply to the City for a special permit for any event where the amphitheater is to be rented to a third party, including approval of any amplified sound at the event. 7. That amplified sound be otherwise permitted only at Kids Guttural Club and EPOCH events. Report prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: Location Map • Site Plan • Floor Plans • Elevations i • D A R O A D CASON METHODIST CHURCH 5.p. SPADY ELEMENTARY SCHOOL a CITY ATTORNEY BUlcprNG `~ C i ~F ST. ~~ ~~~~~~ z ~ 3 ~: z ;~ i FIRE STATfON MOCO 1 ~~~ N0. 1 A T L A N T I C A V E fi3 U E COMPLEX TENNfS STApfUM SOUTF-f COUNTY COURT HOUSE ~~i zl C1TY MALL COMMUNITY CENTER ° ~ ~ ~ SPADY CULTURAL ARTS COMPLEX ~ ~ 5UBJECT PROPERTY fff ~ PLANNING A G 154-170 NW 5TH AVENUE -- ~•_ - ND ZONIN DEPARTMENT ,+,,~, __ prcmA[ B9s£ MM SY5TFM -- NAP REF. S:\Plonning & Zvniri@\DBidS\FAe•-Cvb\T-l6A 1D05-iSDD\LM88t7v_..Spvdy CuRurm Arts Complex • .f 1--. = ~ '~ C.~ ;~, :, W ,~~ ~ . ~~ ~~ ~ ~ #~ `. Z~ ~.~ ~f -~~ 1` ,~f~.:.. ~ '~ ;' ,, ~~ j~.;~ ~ -, '~ W ~~ ~ Fz~ ~~ ^~ rt '~ ~~ ~ ~~; ~. F F`.r.y ~~ }~ 1 ~ 5. 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E'~ £ 6e •r~m ca~+a ~ °< S' ic' g y'J f 4e ~ r,~~,t4~ B~ t~t iy~f Q I ~ ~ MCdily'Id Y{pYaB hYV18C ~ ¢ ~.... ~ • " -~ ~~ t! ~~ t ~ ~ ~ 7ir9btAY V9 MN 4p ~ ~ ~ v ~ ~ Q Y x~woa -nr~u~n~ Navas a d~ S~ a ~~ - t. ~ ~ r~ I i Q i x~ `~ `~ I fIf ~~~QQ WS~ pp 4xp 2J ~~ rvw}i I& II y~Ct ~yQ~ E~O I~ i ~4~ V~X Ou~ O.i ', SnW6 I Ww ~~i }ig{Z { n" i u fig i3n ~: `-''S:+t .'a t E~-.~ a#a mii ~ i ~:r fr +--r ~ I ~ I~ _ ~ y~ •, ar .. ; `~ ~ x jr ~fM = /' e a t :~ Z >x 4 ~ [`~ Q } ' JI ~ W ` ~ W ~ ~ ~~~~ z ~ ~~ ~; ~~ 2 ~ ,..t, i1? ~ ~_~ - ~ ~~~ ~' _ I t _ ~ `;~ _ _ 4 t f d ~ 3.y a gg o~ t ~""' ~ .Lr^ I pa~Y I t ~~ ~ I S ~ ~ ~~~ I I~ I t ~_ r.ti ~ + ~ ryO + a ~ ~~ ~ Page 1 of 2 MEMQF~ANDL7M TO: Mayor and City Commissioners FROM: CANDI JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLAI~INING AND ZONING THROUGH: CITY MANAGER DATE: January 2?, 2010 SUBJECT: AGENDA ITEM 9.I}. -REGULAR COMMISSION MEETING OF FEBRUARY 2, 2010 WAIVER REQUESTICUT 432 ITEM BEFORE COMMISSION The action requested of the City Commission is approval of a waiver to the five foot {5') setback requirement per LDR Section 4.4,13{F){4){a){2), associated with construction of a covered sidewalk cafe on the south side of East Atlantic Avenue far Cut 432 Steakhouse in the CBD Zoning District, BACKGROUND The Cut 432 Steakhouse is currently located at 432 East Atlantic Avenue within a building containing several commercial uses consisting of retail, restaurant and service uses. On November 11, 2009, the Site Plan Review and Appearance Board {SPRAB) approved a proposal to expand the restaurant into a vacant retail bay at 430 East Atlantic Avenue. Facade changes included expansion and covering of the approved 400 sq. ft, outdoor sidewalk cafe area. At that time, a waiver for the five foot {S'} setback requirement was not considered by the Board. The sidewalk cafe renovations have been completed and the applicant is now requesting consideration of the waiver to allow the covered sidewalk cafe area with a zero foot {0'} setback. WAIVER: Pursuant to LDR Section 4.4.13{F}{4){a){2) Front Setbacks, a five foot {5') setback is required far buildings with nonresidential uses an the ground floor within the CBD zoning district. Since the covered area is anchored to the ground rather than cantilevered like an awning, it is considered a structure which must meet the setback requirements. Pursuant to LDR Section 2.4.7{B}{S), 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) Sha11 not significantly diminish the provision of public facilities; {c) Shall not create an unsafe situation; and {d) Daes not result in the grant of a special privilege in that the same waiver would be granted under http://miweb0011AgendaslBluesheet,aspx?ItemID=2999&MeetingID=231 1129/2010 Page 2 of 2 similar circumstances on other property far another applicant ar owner. The purpose of the five foot {5'} setback requirement is to assure adequate pedestrian circulation area in the public right-af--way. Although the structural columns supporting the covered sidewalk cafe area are permanent, they do not prohibit pedestrian traffic in the pubic right-of~way. It should also be noted that although the structure is located zero feet {0'} from the property line, it aligns with the adjacent Big Al's Steakhouse facade thus creating a sense of continuity. There remains a clear pedestrian path measuring no less than seven feet six inches {7'6") and as wide as twelve feet six inches {12'6"} along more than two-thirds of the frontage of the building. The setback reduction to zero feet {0'} for the covered sidewalk cafe will not adversely affect the neighboring area, will not diminish the provision of public facilities or create an unsafe situation. This waiver is to accommodate an improvement which was permitted and constructed without requiring the applicant to obtain the appropriate relief. The setback relief would be considered for other properties under similar circumstances, therefore this does not constitute a special privilege. Thus, approval of this waiver will not grant a special privilege, create an unsafe situation, diminish public facilities or negatively affect the surrounding area. Finally, positive findings can be made with respect to LDR Section 2.4.7{B){5}, Waiver Findings. REVIEW BY t}THERS On November 11, 2009, the Site Plan Review and Appearance Board {SPRAB) approved the site plan modification to construct the covered sidewalk cafe area and expand the restaurant into a vacant retail bay at 430 East Atlantic Avenue. RECOMMENI?ATIiJN Approve the waiver to LDR Section 4.4,13{F}{4}{a}{2) to allow a zero fact {0'} setback where a {5') setback is required far construction of a covered sidewalk cafe area far Cut 432 Steakhouse, based upon positive findings of LDR Section 2.4.5{B}{5}. C http:llmiweb001lAgendaslBluesheet.aspx?ItemID=2999&MeetingID=231 112912010 CUT 43z i ~~ ~- ____.._____...~...,..~.~..-~ , 432 EAST ATLANTIC AVENUE ~(~ JA ~ ~ u 1O DEPRAY BEACH FLORIDA 33483 '' II ~M...,_. LJ (561}27z-9868 Pi_~.Nr°Jli~!G 1~~Ir~1G January 22, 2010 City of Delray Beach Planning & Zoning Department 100 North West 13t Avenue Delray Beach, Florida 33444 Attn: Pau( Dorling Dorl ine@MyDelrayBeach.eom Re: Cut 432 432 East Atlantic Avenue Delray Beach, Flarida 33483 Permit # 09-125774 Based on recent discussions with the Planning Department at the City of Delray Beach, it has been brought to our attention that the renovation to the existing front structure that was approved, permitted and completed will require a Waiver due to Section 4.4.13{F} (4} {a}, Paragraph 2 stating that an Arcade shall have a five {S} fact setback from the franc property line rather than a zero set back. The LDR allows a zero setback in the West Atlantic Care and A-1-A area of the CBD District in Paragraph 3 of the same Section stated above, The structure is located an the property line and the waiver is requested to allow a sera lot line setback as indicated in Paragraph 3. The following are a list of existing conditions surrounding our location and inside the CBD District to assist in permitting the waiver requested herein: {1} Big Al's Steak - C)ur location is located to the west of Big AI's and our building is attached to his building. His building front projects east approximately Ten Feet.(10'0"} from fhe front of Cut 432 frontage. C*ur structure is in line with the front of Big AI's Steaks. Previously we had an awning structure that was permitted in May 2008 and the new structure was constructed within the existing awning frontage. {2} The structure is approximately Thirty Eght (38'0"} feet frontage along Atlantic Avenue. From the column to the east, there is Seven Feet Six Inches {7'6"} to a landscaped area. That landscaped area runs west approximately Eleven Feet {11'0"} and then turns into the parking spaces along Atlantic Avenue. There is approximately Twelve Feet Six Inches {12'6") space between the remaining Twenty Seven feet (27'0"} frontage from the columns to the streets {3} I am attaching pictures of the conditions above as well as other locations in the Central Core Area of the CBD District that have similar conditions. Page ~ 1 ,~ ^~ hlew Front For Cut 432 f.;~~ ~ ~ ~r . s ~ ~ ~ may. ~.t • 7.> ~~ _ '( ~ r ~~ i _- - g 3... ~ ~ t Z ~ % ~ ~ ~ ~ 4J ly ~ ~„ ,, ~~ ~~ - - `~ _ ~ ~ .~ , F ~ "--~~ ~ ~. ~~ Page ( 2 L` r~ C -}~,. ~ ~• . ~.. ~'"~'~~-~ ~~ -X'" ~J . ~ ti '~ , ,~ ~~~~ ;,;,~~ ~ j ~ ~ ~ ~ ~~ ' f ~ i'~`~, ~~ ~`"`r...., ~1a~g~ ,. _ _ __ _,,. s ~ -~ . . _ .._.,w__~~~... i.. _. _....._._ . _..~.... .w _ ~~,.. i 1 ~ ~,._„..,~__,.o_..~ e -w--~...,,.,: ~~ ~ ~`~ r~~~ --~ ~ ' ~~ Page ~ 3 ~ ; V 1 e Y I _~17 Z. ~ µ ~ __ ~ ~:~.~ i ... t`~ Tf ~.~~. a ~r i t 'I ' I 1 'J3 ~ ~'_ "~' `~~'°~" ~~~ _: ~ 2 1 ~~a~:` ~-.! " t «1.. ~ ~ _ t z r.. ~ i i 3 - ' r '~ ,x MF aC'. '. __ ,_...__~~...e~.~.~-.. _._...... ~. .+Au' -`.#ewr~~w r:.~+-~rt...__ _ _+-Tw-~.~,_.w>++~ww-.. :~~~~~~r~_~..~.y,.,a.:. Sun Bank Page ~ 4 ~ ~~, ~ f •1 ~ ~~~ ~ ~ .~ .-tike !! ` ! ~ r~ . r ~ ~ p, 7 ~`~ ~~t ~i 'S a ~~ ~.. ;~, ~;. F~ c ?~ f ~~~ ~~ jy - - . '.~_. In canclusian, due to the enarmaus differences and characteristics of each business in the Central Care Area of the Ci3D District in respect to Arcade lacatians an a zero setback, we respectfully request that this waiver be approved and'incorporated with the City's L[)R Amendments ank Ya~ V y Much, ~f eph S. re adier, Ca-Managing Member t 432, LLC {561 376-0111 ;r~~ :;~F.;~ `~ ` ~~ ;h a..... _ _ ~ c. _ ~... n Page ~ 5 ~ - --- -- ~~ ~ ~~~~~"~ ~~ 'CANC. (X,RB & GUTT£R 11~~~r •.. --- sp,~ . .~ . rte. ~ ~~; ,~ ~~ 1 ` ~ c ~ N c . "'"~, cony ~ ~t ~ ser u~ • Q Si Tht LING ~ 29,301' . {~ LOTS 5 & ~~;~ t1N LASE C A P ,g - ~~~ . ~ • ta• is' ~ .CONC. ~ ) : ~ `~ f3 / ~~' ,mss. t ~". ~~~ c~5 ~ cri r ~ ~ - ~. ~.~ ~ ~ ,~~ ~~, tt ' ~.. ~ ~ 8.0' 014`q ~ 16' 2. ~,. ~~~ ~ ~ 7 5 L 6 ~ Q. 0 ~ i o i~ ~ ~ w ! p o : ~ .'.` M i j, e f. `~t~_. a - ~,' • " Applicant: Project Name Joseph S. Grenadier Project Location: Cut 432 Modern Steakhouse bELRAY 6EACN dEl-Ame~~icaCNy ~~ ~~ 1993 20f~1 Southwest corner of East Atlantic Avenue and SE 5~' Avenue ~ ITEM BEFORE THE BQARD The item before the Board is approval of architectural elevation changes associated with a recent Class III site plan modification for Cut 432 Modern Steakhouse and Wine Bar, pursuant to Land Development Regulations (LDR} Section 2.4.5(G}{1)(c). ~..._ BACKGRQUND On October 14, 2009, the Site Plan Review and Appearance Board (SPRAB) approved a Class I11 Site Plan Modification to expand the existing 1,5217 sq. ft. Cut 432 Steakhouse restaurant by 680 sq. ft. into the adjacent retail bay at 431} E. Atlantic Avenue {formerly Mermaid's Purse) for a total new floor area of 2,600 sq. ft. inclusive of 400 sq. ft. of sidewalk cafe area. The Board approval did not include the awning or the proposed facade. On October 28, 2009, the applicant resubmitted the revised elevations for Board review as a cantinuatian from the previous approval. However, the Site Plan Review and Appearance Board {SPRAB) tabled the architectural elevations for the Glass III Site Plan Modification in order to allow the applicant an opportunity to provide sufficient material and color samples and correct inconsistences within the proposed plans. The corrected architectural elevation plans along with new color and material samples are now being presented to the Board far review and approval. PROJECT DESCRIPTION The development proposal consists of the following changes since the prior approval: • Change the awning fabric and design from burgundy canvas to wide sumbrella striped canvas • Change from four to six impact resistant glass window panels and frames at 430 E. Atlantic Avenue Change the seance lights to new Kichler Seaside Wall Mounted Fixtures • Change the facade and columns from tongue grave siding to Porcelain Tile cladding SPRAB Staff Repork - November 11, 2Q09 432 East Atlantic Avenue -Continuation of Class III Site Plan Modification for Architectural Elevation Changes Page 2 ARCHITECTURAL EL.EVATI{3N ANAIrYSIS LDR Section 4.6.18tE) Criteria for Board Action. The following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: {1} The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2} The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3} The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The proposed architectural elevation changes involve renovation of the existing Atlantic Avenue storefront far Cut 432 Steakhouse restaurant located in the Downtown District. The proposed changes will bring uniformity to the two bays and establish a visual connection for the expansion of the restaurant. Businesses along Atlantic Avenue in the downtown area must comply with the CBD zoning district requirement for a minimum 75°lo transparency ar glass surface area on the ground floor wall area of all non-residential and mixed use buildings for the front elevation [LDR 4.6.18 {B}{14}{iv)(2)]. It is the intent of the design guidelines to maintain a pedestrian friendly thoroughfare and have a decorative appearance consistent with the overall architectural composition of the building. The proposed exterior renovations further these objectives and will be an aesthetic improvement to the existing storefront. The introduction of these architectural changes will not adversely affect the surrounding area and will not materially depreciate the neighboring areas. Based an the above, positive findings can be made with respect to LDR Section 4.6.18{E}. _ ALTERNATIVE `ACTIC?NS A, Mave postponement of the architectural elevation changes far Cut 432 Modern Steakhouse and Wine Bar, by electing to continue with direction. B. Move approval of the architectural elevation changes far Cut 432 Modern Steakhouse and Wine Bar, by adapting the findings of fact and law contained in the staff report, and finding that the request is cansisfertf with and meets criteria set forth in Section 4.6.18{E). C. Move denial of the architectural elevation changes for Cut 432 Modern Steakhouse and Wine Bar, by adopting the findings of fact and taw contained in the staff report, and Ending that the request is inconsistent with and does not meet criteria set forth in Section 4.6.18{E}. tL . ~ SPRAB Staff Report -November 11, 20©9 432 East Atlantic Avenue -Continuation of Class III Site Plan Modification for Architectural Elevation Changes Page 3 ~.~:' .~;~;-~... $TRA'FF'RFC{?tUfM~CVL}ANl, ~. Move approval of the architectural elevation changes for 43(} & 432 East Atlantic Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is cc~nsisfent with and meets criteria set forth in Section 4.6.1$(E~. Attachments. Proposed Archifecfural Elevations, Boundary Survey, Floor Plan and Secfion Defalt C C Page l of 2 • TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: January 26, 2010 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF FEBRUARY 2, 2410 CONDITIONAL USE REOUESTIH & M AUTO BODY INC. ITEM BEFORE COMMISSION Consideration of a Conditional Use request to establish an auto paint and body shop (body repair and refurbishing of vehicles} known as H & M Auto Body Inc. located at i l00 SW loth Street, pursuant to LDR Section 4.4,i9{D}(1}(c}. BACKGRC}LTND The subject property consists of a portion of Tract 29, Lot 9 of the Tenth Street Commerce Park Plat II, as recorded in Plat Book 142, at pages 19 and 20, of the Public Records of Palm Beach County. The property is zoned I~IIC (Mixed Industrial and Commercial), and contains 3.24 acres. The proposed auto repair use is allowed as a conditional use within that zoning district. At its meeting of January 19, 2000, the Site Plan Review and Appearance Board plans for the construction of a 46,560 sq. ft. mixed-use industrial and commercial building. The building was constructed and a majority of the building has been occupied. The industrial bays are condaminiumized and marketed and sold separately along with rights to a certain number of parking spaces. The overall site is governed by a Declaration of Covenants and a Property Owners Association which outlines the utilization of common elements including common landscaping and parking facilities. F:EVIEW BY OTHERS At its meeting of January 25, 2010, the Planning and Zoning Board held a public hearing on the conditional use request. Presentations were made by staff, and the applicant. There was public testimony in opposition from several persons that own property in the same building or lived in the adjacent areas. Residents and adjacent property owners concerns revalued around incompatibility and inconsistency of the proposed use with the Wallace Drive Redevelopment Plan, misuse of existing designated parking spaces within the building, overflow parking of other similar uses on swales and adjacent areas, noise, and traffic increase and congestion. After significant discussion, the Board waved a recommendation of denial on a unanimous vote of 6-0, by adopting the findings of fact and law http:l/miweb00l1AgendasBluesheet.aspx?ItemID=2991 &MeetingID=231 112912010 Page 2 of 2 contained in the staff report. A detailed description and analysis of the proposal is contained in the attached Planning and Zoning Board staff report of January 25, 2010. This recommendation of denial was based an several factors including. . With the change in use, the parking requirement far the project increases significantly and cannot be accommodated on site; . The proposed use is inconsistent with the Wallace Drive Redevelopment Plan which specifically discourages establishment afthis type of use; . Further, the establishment of the use will have a negative effect an the stability of the neighborhood and redevelopment of nearby property; and . Failure to make positive findings to Section 2.4.5(E} (5} of the Land Development Regulations given the project's detrimental impact an the stability of the surrounding neighborhoods and deterrent to future investment in adjacent properties. RECOItiZMENDATIflN Move a denial of the conditional use request to establish an automobile paint, body and repair shop for H & M Auto Body Inc., by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Wallace Drive Redevelopment Plan, the Comprehensive Plan and failure to make positive finding with respect to LDR Section 2.4.5{E)(5~ and Chapter 3 of the Land Development Regulations. n http.l/miweb001/AgendasCBluesheet.aspx?ItemID=2991&MeetingID-231 1/29/2010 C IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR H&M AUTO BODY, INC. ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request far H&M Auto Body, Inc., an auto paint and body shop to be located on the South Side of SW 10t~' Street, approximately 480 feet west of SW 10th Avenue (1100 SIN 10cn Street, Bay "1"} has came before the City Commission on February 2, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use modification request far H & M Auto Body, Inc. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and 11. 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? Yes No b. Goncurrency: 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? J Yes Na 11. 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 canditianal use will not: i. Have a significantly detrimental effect upon the stability of the neighbarhaad within which it will be located; ii. Hinder development ar redevelopment of nearby properties. Will the requirements of LDR Section 2.4.5{E} and Chapter ~ be met, subject to the attached condition{s}? Yes N a 3. The comments and Hates set forth in the staff report are hereby incarparated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the canditianal use request was submitted and finds that its determinations set faith 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 adapts the facts contained in the retard including but Hat limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. C 2 C Ei. Based on the entire record before it, the City Gommission approves denies the conditional use request and hereby adopts this Order this 2nd day of February, 2010, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevel{e Nub{n Gity Clerk C C 3 a ., .~_ P'L~~~~~~ A~~ Z~~N~ B~A~D :"~ , CITY C3F DEL.RAY BEACH _--STAFF REPt~~T--- MEET~NG DATE: January 25, 2010 ~TEM• Conditional use request to establish a 4,771 sq, ft. auto paint and bady chap (bads repair and refurbishing of vehicles} knave as H & M Auto Body Inc., The property is located on the South Side of S,W. 10~' Street, Appraximately 480` West of S.W. 10~' Avenue {1100 SW 10"' Street, Bay "I"~. GENERAL DATA: Applicant ............................ Agent ..................... . ... . ............. . Location .................................... `~ Property Size ............................ '; Future Land Use Map ............. Current Zonin g ........................ Adjacent Zoning ..............North: i East: :; South: West: Existing Land Use ..................... ` Proposed Land Use .................. ', Water Service ........................... ,. Sewer Service .......................... ,. ~.. ~_, F' 4 ~h~: Mike Soveid Albert Jackman South Side of S.W. 1tJ~' Street, Approximately 480' West of S.W. 10~' Avenue (1100 SW 1 fl'h Street, Bay "C" 3,24 Acres GMR {Gamrnerce} MIG {Mixed Cndustrial & Commercial} R-1 A (Single Family Residential} MCG (Mixed Cndustrial & Commercial) MIG {Mixed Cndustrial & Commercial) C (Industrial} Vacant Warehouse C3ay auto paint and body shop Existing on site. Existing on site. yolx IfNTON .~r~ ~_r~ :::~ _; ~~_, ~j j r, _ - _- ,. ~= I'.i-EM B~F~-RE THE.'BdARb "' pit k The action before the Board is making a recommendation to the City Commission on a request far a Conditional Use approval to estabEish an auto paint and body shop (body repair and refurbishing of vehicles) known as H .& M Auto Body Inc., pursuant to L0R Section The business is to be located an the South Side of S.W. 10th Street, approximately 480' west of S.W. 10th Avenue (1100 SW 10th Street, Bay "I"}. w ~ ~_ -- .. .... F:M..~ 1~~cROUEU~ ~ ~~ __ _, ~: The subject property consists of a portion of Tract 29, Lot 9 of the Tenth Street Commerce Park Plat I1, as recorded in Plat Baak 102, at pages 19 and 20, of the Public Records of Palm Beach County. The property is zoned MIC (Mixed Industrial •and Commercial), and contains 8.24 acres. The proposed auto repair use is allowed as a conditional use within that zoning district. The project history for this site includes a conditional use request submitted in 1999 fora 64,000 square foot mixed use development. The appEication involved self storage facilities, in the Mixed IndustriaE and Commercial zone district (MIC}. The proposal was withdrawn prior to the Planning and Zoning Board's action due to issues pertaining to the proposed use and design. At its meeting of January 19, 2000, the Site Pian Review and Appearance Board approved a Class V site plan, landscape plan, and architectural elevations associated the construction of a 46,560 sq. ft. mixed-use industrial and commercial building. The building was constructed and a majority of the building has been occupied. The industrial bays are condominiumized and -~ marketed and sold separately along with rights to a certain number of parking spaces. The overall site is governed by a Declaration of Covenants and a Property Qwners Association ~ which outlines the utilization of common elements including common landscaping and parking facilities. A conditional use application has been submitted to estabEish an auto paint and body shop {body repair and refurbishing of vehicles} known as H & M Auto Body Inc. in Bay "I" (4,771 sq. ft.}. This conditional use application is now before the Board for consideration. -~ .~.~- r ~,,~ , ... ~ ,,, P R,Q:J-E ~~'T = b~E S G R i P-~' I ~Q h1 . ~, The request is to estabEish an auto paint and body shop facility to be known as H & EUI Auto Body inc. The use faNs within the category of automobile, paint, body and repair, and requires conditional use approval [Ref. LQR Section 4.4.19(0){1}(c)]. The business will occupy 4,771 sq. ft. within Bay "I" at the south end of the existing mixed-use industrial and commerciaE building. There will be six {6} employees and business hours will be Monday through Friday, 7;00 a.m. to 8:00 p.m. The applicant has indicated that all vehicles will be kept inside the building, no work will be performed outside the building. There will a small management office, a fire and wheel display area, and a sales counter. Une paint booth will be installed inside the building for vehicCe refurbishing and na exterior alterations of the building are being proposed. AEI vehicles being repaired wiEl be sto~~~d inside the building. ,Y C`O' hf D l T I O''N A L: U S- E A~ N"~-~L Y $ 15 . ,~~,` ,,`~= ...~ REQUIRED FINDINGS: iChapter 31. Pursuant to Section 3.1,1 {Required Findings}, prior to the approval of development applications, certain findings must be r»ade in a form which is part of the official record. This may be achieved through information on the application, the staff report, or ' 'Planning and Zoning Board S : Report: Meeting 01125110 H & M Auto-Body Inc. -Conditional Use Approval Page 2 minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: 'fhe use or structures must be allowed in the zone distric# and the zoning district must be consistent with the land use designation}, The subject property has a CMR {Commerce} Future Land Use Map (1=Lt~M} designation and is zoned MIC (Mixed Industrial and Commercial}. The MIC zoning is consistent with the CMR sand use designation. The proposal is to conuerk the southern portion of the building into an auto body repair and painting business. Pursuant to the LDR Section 4.4.19(D}{1 }{c}, within the MIC zone district automotive paint, body, and repairs shops are listed as a conditional use in the M1C district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Llse Map designation. CCANCURRENGV: Facilities which are provided by, or through, the Gity shall be provided to new development concurrent with issuance of a Certificate of {)ccupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The development proposal is for the establishment of an auto body repair and painting business operation in a previously approved warehouse commercialfindustrial development. The conversion of a portion of the property to an auto body repair and painting facility will not have a negative impact with respect to concurrency as it relates to traffic, parks and recreation, solid waste, drainage or schools. Water and Sewer: E • Water service is provided to the site via an existing 8" water main along SW 10th Street and Royal Paim Drive • Sewer service is provided to the site via an existing 16" main along SW 10th Street. • Adequate fire suppression is provided to the site via two existing fire hydrant along the east side of the building. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: With the initial development staff reviewed the traffic generation of the 49,560 square foot mixed industrial and commercial development and it was determined that approximately 329 average daily trips will be generated onto the surrounding roadway network. This initial finding can be re- affirmed today. There is adequate capacity on the surrounding roadway network to accommodate these trips. Parks and Recreation Facilities; Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. C Planning and Zoning Board ~` 'Report: Meeting {}1/25/10 H & M Auto-Body inc. - Condit~onai Use Approve! Page 3 Solid Waste: Expected solid was#e generation for the proposed use is 21.94 tons (4,771 x 9.2 = 43,893.2 pounds ! 2,000 pounds = 21.94 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 202'1, thus a positive finding with respect to this level of service standard can be made. Based on the above a positive finding can be made that concurrency with the adopted Levels of Service Standards will be achieved with the proposed conditional use request. GflNSiSTENCY: Compliance with pertormance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective and policy was found. flbiective C-1 Blighted areas, as designated by the City Commission, shall receive special attention and assistance in renewal. This objective shall be implemented through the following policies and activities. Policy C-1.8 The following pertains to redevelopment of the Wallace Drive Industrial Area: This area is bordered by SW 90th Street on the north; Milfred Street an the south; SW 9th Avenue on the east; and Tangelo Terrace en the west` The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or na code enforcement. The Wallace Drive Industrial Area Redevelopment Plan was adapted by City Commission on January 6, 2004. The Plan establishes proposed land use designations far the Redeveiapment Area. Future development must be in accordance with the previsions of the Redeveiapment Plan. The Redevelopment Plan encourages the development of light industrial, limited commercial and afFice uses in an urban setting. Aggregation of parcels is encouraged throughout the area to accommodate unified development. The Wallace C3rive Redevelopment Plan encourages the development of light industrial, limited commercial and office uses in an urban setting. The Wallace drive Redevelopment Plan recognizes that: "...Wtfh fhe exception of fhe newer foci/ifies, most of the structures and properties in fhe area are poorly maintained and fhe existing aufQ repair and vehicular storage ' uses are having a negative impacf on the entire area. Their demand far substanfia/ amounts of parking is spilling into swales along adjacent roadways and onto undeveloped property; their overall appearance severely limits the ability to attract qualify development fo the area". The Wallace Drive Redevelopment Plan clearly states: 'Planning and Zoning Board S.. 'Report: Meeting Q1125110 H & M Auto-Body Inc. - Condit~~inal Use Approval Page 4 "ln the long term, efforts should tte made to encourage the replacement of these facilities with more appropriate uses and additional automotive repair uses should be discouraged. As the area continues fo develop, it is anticipated that increased property values and negative impacts of adjaeenf development will ultimately cause these properties to be assimilated info more appropriate uses. In the long term, the most a,oaroariate uses for the area are manufacturing, fabrication or mixed industriatlcommercial uses that generate employment opportunities within the City" The current request for auto paint and body shop facility in Bay "I" is not in accordance and is in fact in direct conflict with the provisions of the Wallace Drive Redevelopment Plan. This proposal is inconsistent with the desired industrial development for this area, and thus, should not be approved. SECTION 2.4.5tE) REQUIRED FINDINGS. (Conditional Use) Pursuant to Section 2.4.5(E)(5} (Findings}, in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not; A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The Wallace Drive Redevelopment Plan recognizes that the existing auto repair and vehicular ~ storage uses in the area are having a negative impact on the entire area. The demand of parking for this type of use is very substantial and is spilling into swales along adjacent roadways and onto undeveloped adjacent land. This impacts the overall appearance of the 3 area, hinders the development and redevelopment of nearby properties and severely limits the ability to attract quality development to the area. In the long term this will have a significantly detrimental effect upon the stability of the neighborhood and efforts should be made to _ encourage the replacement of these facilities with mare appropriate uses, and thus, additional automotive repair uses needs to be discouraged. Given the above the requested findings under I.DR Section 2,4.5(E)(5} cannot be made and the use should be denied. The fallowing zoning designations and uses abut the subject property: Zonin DBSi nation: Use; North: Sin le Famil Residential R-1-AA Sin le Famil Residences South; Mixed Industrial and Commercial MIC Vacant land East: Mixed Industrial and Commercial MIC Vacant Land UUesf° Industrial I Li ht Manufacturin One of the major compatibility concerns with this use relates to the parking impacts associated with the auto body repair and painting use, The change in use from warehouse to automotive repair increases the required parking far the project. The new 4,771 sq, ft. auto body repair use wiH require 21 parking spaces {4,771x4,5=21,46} that cannot be accommodated an the site. Further, while there are many parking spaces on site the declaration of covenants for the Property Owners Association only grants the exclusive use of four {4) parking spaces far this `Planning and Zoning Board ~. 'Report: Meeting Q1l25l1t} N & M AutaBody Inc. - Canditronal Use Approval Page 5 bay plus five (5) non-exclusive use spaces. This item is discussed in further detail below within the parking section. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicafiiontrequest. LDR Section 4,6.9 (Parkins): Pursuant to Section 4.6.9{G){5){a}, general industrial uses (manufacturing, assembly, attendant offrees) shall provide parking at a rate of 3 spaces per 1,!300 sq.ft. of floor area devofed to such uses and 1 space per 9,000 sq.ft. of floor area devofed to storage and warehouse. In addition, general corrrmerciaJ uses {retail) and vehicle repair uses shall provide 4.5 spaces per 1,000 square feet of gross floor area (ref. LDR Sections 4.6.9{G~{~~{a)&{5){b)J. The MIC zone district allows a mix of industrial, office, and limited retail uses. In order to allow the flexibility to accommodate allowed uses, the parking requirement for this building was broken down as follows: 54°l0 officelmanufacturing (parked at 3 spaces per 1,444 sq. ft.}; and 50°/a warehouse and storage sparked at 1 space per 1,404 sq. ft.} The parking requirement for the 24,784 sq. ft. of afficelmanufacturing is 74.34 parking spaces and 24.78 spaces for storage for a total of 144 required spaces and 142 are provided. !~ Therefore, adequate parking was only provided for uses which meet the 54% officelmanufacturing and 54% warehouse mix of uses. Any derivation from this mix of uses will i be required to provide additional parking spaces. Under the approved mix of uses 142 parking spaces are provided, under the proposed use 117 parking spaces are required representing a difference of 15 parking spaces Total Auto-body Repair Floor Area 4,771 sg. ft.: Parkins Bay Conversion: Current allocation for 2,3$5.5 sq. ft. of office area 3 spaces per 1,444=7.15 spaces. Current allocation for 2,385.5 sq. ft. of warehouse area @ 1 space per 1,440-2.38 spaces far a total 9.53 or 9. Proposed allocation for auto body repair use 4,771 sq. ft. of auto body repair area 4.5 spaces per 1,004-21.46 spaces or 21 representing a shortage of 12 spaces. Pursuant to LDR section 4.6.9 (D)(1)(a), parking spaces should be located and arranged in such a manner as to facilitate pedestrian access to the uses they are intended to serve. Pursuant to LDR Section 4.6.9 {D}~2}, each required parking space shall be accessible at all times. Access which conforms with minimal aisle standards and which includes maneuvering area so that a vehicle must be able to enter and exit the parking area onto a street in a forward manner shall be provided. The applicant has suggested that 7 proposed parking spaces inside the building can be utilized as required parking. These spaces do not comply with the above LDR requirements; they do not conform to minimal aisle standards and maneuvering area to allow any vehicle to enter and exit the parking area inside the building onto the street in a forward manner. Further, these are auto body repair stations and do not qualify even if they could meet the design standards. Therefore, 'Planning and Zoning Board ~ .Report: Meeting 01/25110 H & M Auto-Body Inc. - Condtronal Use Approval - Paae 6 staff recommends denial of the conditional use request for H&M Auto Paint Inc. based on a failure to make positive findings with the LDRs {parking). L©R Section 4.6.6{C} (1}Refuse Facilities: As no exterior alterations to the building are proposed the LDR factors regarding refuse facilities remain unchanged, The original positive findings remain in place. I.DR Section 4.8.8 Lit~htlna: As no exterior alterations to the building are proposed the LDR factors regarding lighting facilities remain unchanged. The original positive 1'<ndings remain in place. Special Regulations: As this request does not involved any exterior modifications to the building the original findings for this use remain unchanged. "" ;...._ -. _ REV]`'E11'V BY. OTHERS _ ~ .~. __ .~~ The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA {Downtown Development Authority). public Notice: Formal public notice has been provided to property owners within a 50Q-foot radius of the '~ subject property. Letters of objection by adjacent unit owners have received and are attached . to this report for your review and will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested native of developments in their areas: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PRtJD) ^ Delray Beach Heights HQA • La Paloma HC}A Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Two letters opposing the proposed auto paint and body shop from Francesca Russo and Steve Meltzer have been received are attached to this staff report. r---~- ,. t ',3: A5SFSSMEN'T ~r'ND CONC~~UvSI©.N _ _ The proposed conditional use request involves the establishment of an automobile paint, body and repair shop) far H & M Auto Body Inc. within a previously approved warehouse cammereial~ndustrial development located at 11{}{~ SW 10"' Street. With the change in use, the parking requirement for the project increases significantly and cannot be accommodated on site. The proposed use is inconsistent with the Wallace Drive Redevelopment Plan which `~ specifically discourages establishment of this type of use. Further, the establishment of the use will have a negative effect on the stability of the neighborhood and redevelopment of nearby property. Therefore staff is recommending denial of this request based on failure to comply with " "Planning and Zoning Board ~ . ~ Report: Meeting 09125110 H & M Auto-Body Inc. - Conditional Use Approval Pane 7 the LDR (parking}, inconsis#ency with Wallace Drive Redevelopment Pian and failure to make positive finding with respect to LDR Section 2.4.5(E}(5}. AL;^TER,t~AT4tVE.,ACT,I4NS Y. A. Continue with direction. B. Move a recommendation of approval to the City Commission of the request for conditional use to establish an automobile paint, body and repair shop for H & M Auto Body Inc., 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 Wallace Drive Redevelopment Plan, the Comprehensive Plan and r»eets criteria set forth in Sections 2.4.5(E} (5}, 4.4.'f9(D}('l}(e}, 4.6.9(C)(3)(a}, and Chapter 8 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial to the City Commission of the conditional use request to establish an automobile paint, body and repair shop for H & M Auto Body Inc., by adopting the findings of fact and law contained in the staff report, and finding fhat the request is inconsistent with the Wallace Drive Redevelopment Plan, the Comprehensive Plan and failure to make positive finding with respect to LDR Section 2.4.5(E}(5} and Chapter 3 of the Land Development Regulations. .. . r. .::~ RECO,M;;MENDED': A.CTIO:N F: Move a recommendation of denial to the City Commission for the conditional use request to ,~ establish an automobile paint, body and repair shop for H & M Auto Body Inc., by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Wallace Drive Redevelopment Plan, the Comprehensive Plan and failure to make positive finding with respect to LDR Section 2.4.5(E}(5} and Chapter 3 of the Land Development Regulations. Report Prepared By: Estelio Breto Senior Planner Attachments: • Location Map • Building Site Plan 0112@,2010 16:58 305-285-5555 DM1M~ PAGE 01!05 ( . ~SPINOSA ThUEE3A°` Jorge Espinosa. 3U01 Satubwest 3rd Avenue William R. TrueEra, Jr. Mi&nti. Flarid~ 33129 Michael E. ?`sehupp T 3t35.854.U9U0 1; rancesc& Russo ~' 305.2RS.SSSS Www,ctlatiu.COrn .[~.~~-. 1..~ T ~~ 17~[~1'~r 1 ~. Paul Dorlitag Frc~rrx~ Frn>acesca Russor Esq. Falb: (S~i1} ~~.~-'~~~~, fie: p'gl~llC NQtiCe #~~~~ 236 Tel: ~56~} 2~3-7240 Resgdr~.se to N't~tice of Coxlditic~nal LJse Date: January 2t1, 201(1 Client ~ta~tite%~Tumber: 0028.0003 .' N~ber of Pages: 5 zzictuding this cov87r, page. Tf you need a re-send on any of the pages, please ri~ call our operator at (305} 854-4940 as soQm as possible. If you do z~ot call, we wil] assur,~e that all P~ were received correctly. Ivlessage: We are sending you the attached letter together with its enclosure regarding the -'ref'erenced mauer on behalf of our client, Trend ~.oalty Specialists, ©wner Qf six warehouse bays at the Tenth Strut Ccaznmerce park Ioaation, If you have any questions or comments, please contact me at the number shown above, Thank you. The infortnatir~n co~ztained to this drarrsmisston is rrttr~rrrey-Jsriviteged rmd casr~r'dentiat. It is tntend¢d only far the rrse of the ir~div~dutel or ontity Warned above. If the raader of thts message is nrtt the irrtsnded rectptent, ypu are hereby natil'ted that arty dissemtnatfan, dtstrillution or c©pying of this cotnmuntcation is strictly prohibited If you receive th#s cvtnrrrurzicatran to error. please nvt~ its Immediately by telephone (collect) crud return the original nressags to us to the abw~ra address ria t1:5. Pnrtat :4ervlca We will reimburse you far postaga ctnd telephone G`xpenses. Thank you. C: 01120f 2010 15:56 305-265-5555 AMN>G. .' . L. 1Q, ESPINC)5A TRUEBAR 3trrg+G F,~pinQSa William R. Trueba, dr. Michael E. Tschupp Francesca R,~o January 20, 24 ]~ 4 VGA p'ED~p'~-.L E7~f,P'RESS Paaal ~iorling Plasardn~ I~it~ctar Planning and darting Department City of Delray beach 104 N.W. 1~ Avenue ~~ I~clray T3each, FL 33444 PC-GE 02105 30U1 southwest 3rd Avenue ivParns, Flvtida 33129 T 345.854.090Q F 345.285.5555 www.elittw,cvm Re: Public Notice #204-~3d ' ite8poase to N~Itice of Cnaciitl<onaI Use Ire Tenfh Stx'ee# Commerce PxrTtt -OBJECTJQN- Rear 1vSz. norlitag: This f..rn1 represents 'Freed ReaIit~+ Specialists, Sac. ("Trend") aad its President Steve Meltzer, ow>aer of sip (6} of the twelve (l,~} Warehc~tivse Bays ("Units°~, located in #iie Tenth Street Camrnerce Paxk. Specifically, Trend awxts Units .~, B, C, T~, E, P, in tlae subject Coztzmerce Park. We have been instructed by our client to provide you with this fol:mal objection on behalf off' oux- cliciit, to tlzc canditic~><xal use request you received for HScM .Auto Bocfiy, Ixtc. Specifically, pursuant to the Notice our client received via. mail, your depent received. a conditional use request to `;allow vvitbin the 1Vlixed Industrial and Commercial {MEC} zoning district, the establishtxtent of an automobile paint, body and repair shop far H&NI Auto Body, Inc. Within the Tentlit Street Park of Comno~erce. 'Z"he proposed use will occupy Bay # "I" of a multiple tenant ittdustnial building located an the south side of SW IUD' Street, West ©f Wallace DzJ,ve ~l r4o SW 14~` Street) " .A copy of the Public Notice received by crux client is attached hereto for your ease 01f20f2010 16:58 305-285-5555 DMML PAGE 03f05 Paul Dorling~ Planning and Zaning Deg+ariiuet~t January 20, Zt1X4 pale 2 cif reference. C?ur client, Trend, objects to any such conditional use, and objects tp any #ype of auto $ody painting, pr au#o repair or auto saes 'being at~t~ducted w%t~tin the Tenth Strut Commmerce Park, for several reasons. First and foxeznost, there are insu~cfent Backing spaces to conduct such activities. Trend already owns twenty (Ztl) of the forty (4Q} assigned, exclusive parking spots pursuant to the L.leGlaran[an of C'avertar~ts, Ctxnditivtt~c, Restrictivtxs, ,&`asern¢rats rr~zd .Forty Wall Agreement Jtelcrttng to the Subject Property, and which gpverns the xelatianships between. and. among fhe Unit C}vvzacsrs act the 'Tenth Street C-c~snzrsarce Park. Our plient, Trend also uses approximately thirty (30) of the unassigned parking spaces fxpm time to time tti cvz~duct its own distxi'butiozx btisirie.~.~ nperatioans. Second, there is currently at least one of the Units, L that is leased tp a tenant who is in the business of buying, selling ~;al storixcg cars, ail without a}~pmval from the City of Delray Leach. The operations conducted by the tenant{s~ of is Unit already interferes with the safe operations of our client`s business as vva:ll ati5 the safety and health of the entire Commerce Paxk teixants, l<n particular and without limitatiosi, the business that is bexbg cunrentty operated out pf Unit L bas resulted ire the hlccckitxg of shipPiug lanes, thereby directly inhering with. Trend's ,~ distributlaz~ business, unauthorized storage, aztd health hazards leading tc~ various forms pf ,;~ eosafaminatia~n, including possible water cputamir~axiott because of the pollutants emal~'ig from the auto business beiztg operated out of Uaait L. The addition pf the pl~pased cpnditlozl.al use wcauld only add to or create unwanted and risky Khealttx hazards," none of which our client ar ,; other Units Owners taargain far when they purchased their rGSpe~tive U3aits at the Ccsnimerce Park. Third, the Tenth Street Coiuznerce Park is already plagued by constant inadequate security and dongez4us wozlcing ~exsnditioxxs frsr tenants of the C:oxntneree Park, especially our client imd c-ur client's staff. For example, our client's premises were broken info on more than csne occasion, the most runt iaacident we believe, is still under police investigation. The addition pfthe proposed conditional use would curly add to the already existing security issues. Fc-urth, the proposed conditional use would c~raly add t4 tie forcgoixYg problems as well as create a situation where our client aztd other Unit owzlers could find themselves exposed to undesired and serious liability. I'or atl the f4regoixxg reesorls, our client Trend, foxtrtttlly abject5 to fife "conditional use" proposed izt the l~Iotice of Conditional Use, Public l~otice #2009-236. 3Qi}l 5W 3'~ Avenue • Miami, F!. 33T31-Ply: (345)854-4904 * Fox' (3115)285-555 www_ettnvY-ooai Q 011202010 15:58 3H5-285-5555 DN~+IL Pau3l~arling Plauz~in~ and Zani~g I)ep~rrntent January 20, 201{1 Page 3 PAt~ 02/85 Should you have any questions, please feel free to contact the undersigned at your rozavcnience. Yours truly, ESPINOSA ~ TRUEBA., P.L. :~,~.' rancesca sa i `~~ S j~ ~R/ig Enclasure 302 SW 3"' ~4venuc -1vliemi, FI.331.3 ~• x'h: (345'} 854-ti~04 • iz'ax: (305) Z$5.555 www.ot2A.w.cam 01t20t2010 16:58 305-285-5555 ~ Jan 2(1 2[11!] 12; 19PM D.? ,tatsla 9~4F"~~1'r'r~ C ,I r cm aF oanaM t~},af Ll~sltar~- @t ~liiilti~ r9~td ZtHtltt~g (pl~lte~ .D~ttb l111r~~ .lattu~y 13, 204th FAGS 05105 p. ~ +~JEitV1[CE • PERFO1t1~tAt~i~CK ` ItdTE6RITY " R~SPa(dSZB4E ' ZFtWOY~rsVB ' TEA~4WQRK Breto, Estelio From: Steve Meltzer [steve a{,'~mytrendbeauty.coma Sent. Thursday, January 14, 2010 2:32 PM To: Breto, Estelio Subject: Tenth Street Commerce Park H&M Auto Paint dear Mr. Breton, Thank you for your time today. Let me introduce my self to you. I am the owner of 6 Bays in the Tenth Street Commerce Park out of the 12 units. That makes me a 50 °la owner. l am totally against Unit I having any type of auto paint or auto body work done here at the commerce park. There is not enough parking or storage to conduct this type of business. According to the laeclaration of the Covenants Trend Reality Specialists have the Exclusive rights to 20 parking spots and 30 non exclusive spots and lets not #or get the handicapped 5 spots. PLEASE for the record I am against this. Sincerely, Steven B. Meltzer Managing Member Trend Reality Specialists 1100 S.W.10th Street Units A-F Qelray Beach Florida 33444 {561) 266-2234 Ext. 111 {561) 266-2239 Fax Please consider the environment before printing this a-mail. 1lrt3T1~'E: Th[> irrforr)Jation containers in this eJnail and ar~v flcrctrrrzeTJt attac.IJetl heT'eto rs inteTJded on1;Y for the named reci~ierJi(s). 1 f you are rrnt fJze intended recif~ient Jxor the err)f~to}°ee or ageTZt respoJZ.rible for fleliverirJg tlzrs nJessa,~e in coT~~{lerJCe to the intended recr'.J~ierJt(s), you dre heret~~ rrorifie{J tlJat you ha~re receiv[~d this trrrrr>:~1)ritt{rJ in eT•t'or, {Tnfl an,~~ re~~rew. u~issPnttrtaJion, distrihztticTn ar ClJJ?~}!Tn~ tJfif71S 1)'fttlSr7)Ttt{t] t?Y it.5 [T~taCh)1JG'T7tS 2S 3tr1CrJV f?r'CrJT)Ilite{1 1, f y02F fl[I1%t rE'CefVP-f~ iftTS irQ)1STtltflaf [ITTI~rt}r at/aCf7Yl16tJIS JTt r'r7'DI'. ~Jearc nati~~ Tne inrmediateh~ by repl}• e-mail a)td t12erT delete flail message inchrfling arn= attaclar)JeTSfs C ~ " o flstd: ~.. zSrs-trz-~ss r6tt0D7-vY r¢ris v "~wa aaae terns 1•ia a~n trss N'J4S3iI 2~1>i31N1 'JWNNdId 3Mf1G~3tRC}!fY 'tt"['tF 2{3NN~C H .L1.~2i'.3A~ fi¢~IaQ 1rj :'. .'... 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PROPER I'~ H & M AUTO} BODY INC. . ~ - f ~, ~ PLANNING AND ZONING DEPARTMENT srv^r' ~~ LOCATfQN MAP Page 1 of 2 • MEMOT-ANI)LTM TO; Mayor and City Commissioners FROM: SCC}TT PAPS, AICP, SENIOR PLAIt1~~ER PAUL D©RLING, AICP, DIRECTOR OF PLA1`~NING AND ZQZ~IT.~iG THRC}UGH: CITY MANAGER DATE: January 26, 2010 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSI{)N MEETING t}F FEBRUARY 2, 20X0 CaNDITIUNAL USE REUUEST/PUTT'N AROUND DELRAY BEACH ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a conditional use request to allow a miniature golf course known as Putt'n Around Delray Beach. BACKGROUND The project consists of Lots 4 through $, Block 97 of the Highland Park subdivision and is 1.38 acres in area. The property is currently vacant. At its meeting of February 1, 2005, the City Commission approved a conditional use for the subject property to construct a mixed use building with a height of 57 feet 6 inches. At its meeting of April 5, 2006, the Site Plan Review and Appearance Board approved the Class ~ site plan for the mixed use development of 75 residential units and 24,000 square feet of commercial floor area. The improvements associated with these approvals were never constructed and the development approvals have expired. At its meeting of January 25, 2410, the Planning and Zoning Board considered the current development proposal fora 36-hole miniature golf course. After discussing the proposal, the Board unanimously recommended approval of the conditional use subject to the conditions noted in the attached staff report and with the additional condition that a closed circuit television system be installed and monitored. Additional background and an analysis of the Conditional Use request are found in the attached Planning and Zoning Board staff report. REVIEW BY OTHERS Communit~r RedeveloJament ~~enc~(C'RA~ At its meeting of January 14, 2414, the CRA reviewed the conditional uses request and recommended http:/lmiweb04l lAgendaslBluesheet.aspx?ItemID=2989&MeetingID=231 1129!2010 Page 2 of 2 approval. Downtown Development AutT~ority: At its meeting of January 11, 201Q, the DDA reviewed the conditional use request and recommended approval of the miniature golf course. RECCIMMENDATION Move approval of the conditional use request to allow a miniature golf course for Putt'n .Around Delray Beach, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.3.4(J)(4)(b}, and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" -Technical Items" attached in the staffreport; 2. That the dumpster enclosure gates be locked when not in use. 3. That a closed circuit television system be installed and monitored. J http://miweb0~ 1/AgendaslB luesheet.aspx?ItemID=2989&MeetinglD=231 1 /29201 d C IN "fHE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA Cf~NDITIfaNAL USE REQUEST FOR PUTT'N ARC'~UND DELRAY BEACH ORDER OF THE CITY CUMMISSIC7N QF THE CITY t~F DELRAY BEACH, FLQRIDA 1. 'this conditional use request for Putt'n Around Delray Beach, a proposed 36-hole miniature golf course located on the west side of NE 5th Avenue, between NE 3'~ Street and NE 4th Street {350 and 362 NE 5th Avenue) has come before the City Commission on February 2, 2410. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use modification request for Putt'n Around Delray Beach. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and 11. 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? .7 Yes No 11, LDR REC2UIREMENTS: 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) and Chapter 3 be met, subject to the attached condition{s)? 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 tJrder 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 2 ., hereby adopts this Qrder this 2nd day of February, 2010, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk U C7 3 Conditions Related to Putt'n Around Conditional Use 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit A -Technical Items" attached in the staff report. 2. That the dumpster enclosure gates be locked when not in use. 3. That a closed circuit television be installed and monitored. ., 4 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING MATE: January 25, 2010 AGENDA ITEM: v.G. ITEM: Conditional Use Request for Putt'n Around Delray Beach To Allow A Miniature Golf Course Located C}n The West Side Of NE ~"' Avenue, Between NE 3~' Street And NE 4"' Street {350 And 362 NE 5'h Avenue?. GENERAL DATA: Owner ......................... Cityscape POC, LLG Applicant ...................... Putt'n Around Delray Beach Agent....., . .......... Jess Sowards, AIA. ~; ' Location .................. ...... Located On The West Side Of NE fi 5"' Avenue, Between .NE 3`~ Street And NE 4~' Street {350 And 362 NE ~ 5"' Avenue). Property Size .................. 1.38 acres Future Land Use Map..... Commercial Gore Current Zoning ............... GBD {Central Business District} Adjacent Zoning_...North: GBD East: CBD South: GBD West; CB©-RG {Gentral Business District - 't Rail Corridor} ~ Existing Land Use.......... Vacant Proposed Land Use..,..... Conditional Use Request for a i Miniature Golf Gourse. Water Service ................. Existing on site. Sewer Service ................ Existing on site. V.C. - - -- ~ E ~1<II.ER~ T F11~f~tt~~ ~ -~- - ..~ The action before the Board is making a recommendation to the City Commission an the foHawing request for conditional use approval, pursuant to Land Development Regulations (LDR} Section 2.4.5(E}: D To allow a miniature golf course ~LL7R Section 4.4.13(D}(7}]. The request is in conjunction with Putt'n Around Delray Beach, a proposed 36-hole miniature golf course located on the west side of NE 5"' Avenue, between NE 3'~ Street and NE 4"' Street (350 and 362 NE 5"' Avenue}. ~.: ~ :_ . - eCI~ROU,P1~~J~CLDES~[i?Ti~1~ =~ ~= The project consists of Lots 4 through 8, Block 97 of the Highland Park subdivision and is 1.38 acres in area. The property is currently vacant. At its meeting of February ~, 2005, the City Commission approved a conditional use far the subject property to construct a mixed use building with a height of 57 feet 6 inches. At its meeting of April 5, 2006, the Site Plan Review and Appearance Board approved the Class V site plan for the development that consisted of 75 residential units and 24,000 square feet of commercial floor area. The improvements associated with these approvals were never constructed and have expired. Anew conditional use application has been submitted for a miniature golf course. The recreational establishment will consist of 36 holes, a 3,542 square foot attendant building, decorative picket fencing, associated landscaping, and parking. This conditional use application 'rs now before the Board for consideration. -_~ ~ _.. - ~_ - - ~-- REQUIRED FIN[3INGS {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 application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These fndings relate to Future Land Use Map Consistency, Goncurrency, Comprehensive Plan Consistency and Compliance with the LaR's as noted below. FUTURE LAND USE MAP: The use ar structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map {PLUM} designation of Commercial Core (CC} and a zoning designation of Central Business District (CBD}, which are consistent with one another. Pursuant to LDR Section 4.4.13(D)(7}, miniature gaff courses are conditional uses in the CBD zoning district. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Planning and Zoning Board Staff Report: 1/25!10 Putt'n Around Delray Beach - Conditions! Use Reques# Page 2 CONCURRENCY: Facilities which are provided by, or through, the City shat! be provided to new development concurrent with issuance of a Certificate of f3ccupancy. These facilities shah be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: With respect to water and sewer service, the following is noted: ^ Water service will be provided to the site via lateral connection to an existing 12° water main along Federal Highway. The conceptual engineering plan and survey does not indicate any existing or proposed fire hydrants at the subject property. The nearest fire hydrant is at the northwest comer of NE 8~n Avenue and NE 3{d Street, which does not provide the required 3Q0-foot coverage for the subject property. Consequently, a technical comment is attached that a fire hydrants} is provided in accordance with direction by the City Engineer and Fire Department. ^ Sewer service exists via service lateral connection to an existing 8" main within the alley along the west side of the property, The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adapted Lt3S at the City's build-out population based on the current FbUM. The proposal will have an insignificant impact on all public services and was anticipated far this property and factored into the plan. Thus, a positive finding with respeck to this level of service standard can be made. Streets and Traffic: A traffic impact statement has been submitted that indicates that the 36-hole miniature golf course will generate a net increase of 12 p.m, peak trips and 147 average daily trips. The subject property is located in the Gity's TGEA (Traffic Goncurrency Exception Area}, which encompasses the CBD, G13D-RC, and ©SSHAD zoning districts, as well as the West Atlantic Avenue corridor. The TGEA was established in December, 1995 to aid in the revitalization of downtown, with a purpose of reducing the adverse impacts of transportation concurrency requirements on urban infill development and redevelopment. These revitalization efforts are achieved by exempting development within the TCEA from the requirements of traffic concurrency. Therefore, a positive finding can be made with respect to traffic concurrency. Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: Based upon the Solid Waste Authority's Trash Generation Rates, trash generated each year by the miniature golf course will be 11.8 pounds per square foot of the attendant building for a total of 20.90 tonslyear. The Sofid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024, thus a positive finding with respect to this level of service standard can be made. Drainage: Drainage is accommodated on site via sheet flow to an exliltration system within the parking area on the south side of the property. There should be no impact an drainage as it relates to this level of service standard. Schools: The project contains no residential component. Therefore, school concurrency is not applicable. Planning and Zoning Board Staff Report: 1125/9A PutYn Around Delray Beach -conditional tlse Request Page 3 C • Gt}NSISTENCY: 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 a# overall consistency is to be made. CYther objectives and policies found in the adapted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Gomprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Gonditional Use applications are noted: Future Land Use Element 4blective A-1: Property shall be developed ar redeveloped in a manner sa that the future use and Intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, Is cornplimen#ary to adjacent land uses, and fulfills remaining land use needs. recreational facility downtown. There are no special physical ar environmental characteristics of the land that would be negatively impacted by the proposed miniature golf course. The development will be complimentary with the surrounding commercial developments and provide a family oriented Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis Is to be placed on development within the TCEA Area. The development proposal provides a bicycle rack along Federal Highway. Based an the above, the policy has been met within the proposed development. LDR SECTIt3N 2.4.5{E) -REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5{E}{5}, in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that i# will hinder development or redevelopment of nearby properties. The miniature golf course will not have a significant detrimental effect on the stability of the neighbafiaod. The low intensity nature of the proposed use will not negatively impact the surrounding commercial uses. There is na evidence that the proposed use would hinder development or redevelopment of nearby properties. On the contrary, the proposed development would convert a vacant piece of property into a family oriented recreational facility that will bring people to the area and possibly spur redevelopment of nearby properties that are vacant or underutilized, COMPLIANCE WITH LAND DEVELOPMENT REGULATICINS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. Based upon staffs review of the sketch plan and site inspections, the following analysis is provided. Planning and Zoning Board Staff Report: 1125/10 Putt'n Around Delray Beach -Conditional Use Request Page 4 While the proposed outdoor miniature golf facility is allowed in the CBS zoning district as a conditional use, it is a unique use that was not envisioned during the development of the design guidelines. Therefore, numerous waivers are being requested as Hated in the following analysis: Parking Requirements; Pursuant to L[~R Section 4.fi.9{C}{t;}{h}, miniature golf courses are required to provide 1.5 parking spaces per hole. Thus, the proposed 36-hole facility is required to provide a minimum of 54 parking spaces. The proposed miniature golf course complies with this parking standard since 54 parking spaces are provided on-site. Building Setbacks: The proposed development includes an attendant building that includes a lobbylequipment service area, storage, office, and snack bar. The fallowing tables idenfrf)r the required setbacks for the attendant building: __ _ -~~ ~~ Y_..-_~ ~ - ~ N _- - Required = - ~%ompliance with _ ~Roadl - ~Buikiing _Builtimg ~~~ Budding ~ =_ ~ Frontage i Required = - Lot Frunlage ProposCd - Eot ~ - LC~R - - ~Reyuirernents? - Side Height - _ ~__ - Setback (minlmax) __ - - at; Setback Frontage T = - :~ ~ venue (f•eder~~ ~ G d 7 ° ' roun highway} Fioorto Q l~ min.l90°l0 5' minli0' 174.68 min.224. 40.66' . ~4J.55' ~ ` 37' max. mom. 59' max. Lot ~-~ ~rCSnta~e'__ _._~_ The applicant has submitted a waiver request from the frontage requirement, which will be considered as part of the si#e plan process. Special Landscape Setback: Pursuant to LRR Section 4.3,4{H}{6}{b}{2}, a 1d foot special landscape setback is required along Federal Highway {except in front of the building}. The proposed walilpicketttrellis fence and gaff course encroach into this required landscape area. A waiver request has been submitted and will be considered as part of the site plan process. Minimum Transparency: Pursuant to LDR Section 4.6,18{B}{14}{iv){2}, the minimum required transparency ar glass surface area on the ground float of the building is 75°lo of the wall area along Federal Highway and the proposed transparency of the attendant building is 19°la. The applicant has submitted a waiver request from this requirement that will be considered during the site plan process. Planning and Zoning Board Staff Report: 1125!10 Putt'n Around Delray Beach -conditional Use Request Page 5 Building Heigh#: Pursuant to LDR Section 4.4,13{F}(1)(a}, the minimum required building height is 25 feet and the proposed height is 17 feet 2 inches, 'the applicant has submitted a waiver request ftom this requirement that will be considered during the site plan review process. Floor Height: Per LDR Section 4.4.13{F)(1)(c}, the minimum floor height is 10 feet for the ground floor and 9 feet for all other floats. The attendant building does not provide a clearance of 10 feet between the finished float and finished ceiling in the ground floor, "thus, the building needs to be either redesigned ar a waiver requested from this regulation. This issue will be addressed during the site plan process. Roof Eaves; Per LDR Section 4.4.13(F){8)(c), roof eaves are allowed to encroach into the setbacks a maximum of 4 feet. The proposed save along the east side of the attendant building extends 5 feet into the required front setback. The applicant has submitted a waiver request from this requirement, which will be considered during the site plan process. t?pen Space: Pursuant to LDR Section 4.4.13{F}(~}, the subject properky is required to provide a minimum of 10°l0 of non-vehicular open space. The development proposal complies with this requirement '~~ since 31 °lo is provided in non-vehicular open space. Crime Prevention Through Environmental Design {OPTED}: Pursuant to LDR Section 4.4.13(F}{4}(f}(~}, building and site design shall incorporate Grime Prevention Through Environmental Design (GPTED) standards to the greatest extent possible. The proposed development provides adequate lighting to deter criminal activity within the development. The Police Department has expressed a concern with respect to homeless persons sleeping within the dumpster enclosure and access for unauthorized disposal, In order to address this concern, a condition of approval is attached that the dumpster enclosure gates be locked when not in use. Further, the Police Department has expressed a concern with . vandalism to the facility and suggests that a closed circuit television recording system be installed. The applicant has indicated that a system will be installed. ~_ _ - f~EV1flN"B]C C~HEF.tS ~ ~ '_~ ~- Community Redevelopment Agency fCRA): . At its meeting of January 14, 2010, the GRA reviewed the conditional uses request and recommended approval of the miniature guff course. £~owntown ©eyelorament Authority: At its meeting of January 11, 2010, the DDA reviewed the conditional use request and recommended approval of the miniature golf course. Planning and Zoning Board Staff Report: 1!25!10 Putt'n Around Delray Beach -Conditional Use Request Page ~ 3ife Plan Review and Appearance 8aard: If the Ganditional Use request is approved, a site plan application will be processed for the development proposal, with final action by SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: - Jerry Franciosa, Progressive Residents of Delray {PROD} - Palm Trail HC3A - Seacrest Hf~A - I_a Hacienda HC}A - Delray Beach Chamber of Commerce - Neighborhood Advisory Council Public Notice: Formal public notice has been provided to property owners wi#hin a 5Q4' radius of the subject property. The City has received the two attached lettersle-mails expressing concerns with the proposed development. Any further letters of objection and support to the conditional uses will be presented at the Planning and Zoning Board {P8~Z} meeting. The conditional use request is to allow a miniature golf course in the CBD zoning dlstnct, The proposed use will provide a low intensity family-oriented recrea#inal facility within the downtown area. The proposed use will have a minimal impact on the adjacent uses, The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter ~ of the IDRs. Positive findings can be made with respect to LDR Section 2.4.5{E}{5}, regarding compatibility of the proposed development with the surrounding properties. A. Postpone with direction. B. Move a recommendation of approval of the conditional use requests to allow a miniature golf course for Putt'n Around Delray Beach, by adapting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4,5(E)(5}, 4.3.4(J}{4}(b), and Chapter 3 of the land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use requests to allow a miniature golf course for Putt'n Around Relray Beach, 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{E){5}, 4.3,4{J}{4}(b}, and Chapter 3 of the Land Development Regulations. Planning and Zoning Beard Staff Report: 112110 Puft'n Around Delray Beach - Condi6anal Use Request Page 7 ~. _ -_ - --T t~. y _... -~ _~ --- - - - - Move a recommendation of approval of the conditional use request to allow a miniature golf course for Putt'n Around Delray Beach, by adapting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5{E}{5}, 4.3.4{J)(4}{b}, and Chapter 3 of the Land Development Regulations, subject to the following condrtians: 1. Approval of a site plan Eay sPRAB .that is in general conformance to the submitted sketch plan and addresses the "Exhibit "'A~ -Technical Items" attached in the staff report; 2. That the dumpster enclosure gates be locked when not in use. Attachments: • Two lettersle-mails • Conceptual Plans • Location Map Report prepared by: Scott Pape, AICP. Senior Planner }~~ : J J - Planning and caning Board Staff Report: 1!25!10 Putt`n Around pelray Beach -Conditional Ilse Request Page 8 _ _ 9. That aright-cif-way deed far the 4-foot alley dedica#ion be recorded prior #o certi~catian cif the site plan. 2. That the applicant contributes to the Federal Highway Beautification program in accordance wi#h direction by the City Engineer. 3. Tha# all preliminary engineering technical comments are addressed in accordance with direction by the City Engineer. 4. Tha# a fire hydran#{s) is provided (if required} in accordance with direction by the City Engineer and Fire Department. • • I 4 - ~~~~ ~g ~ ~ ?i t7 ~ ~ ~~d~ ~~ Vi Q ~e 3P~ ~$ P ~ ~ o ~~ o ~~ ~~ ~ §, ~ i ~~~~ .dY ^ Y g~s~^`a~sf a y~ ~~rgVttl~~ t1 Q ~g ~ „J ~ $ tttt ~ $ g £CPKL.~X~i d7 ~$ ~ tU ~'- ~~ ~~ ~ 600Z1SZlTT 3Sti'IltlNt?111dN4a ~~ ~~ ygyg ~F ~ y[[ rt ~y ~C F ~ g 7 ~ ~~~ ~~ ~~ ~~ ~ ~ i § 4 Q 4 ~~ { t ~ § Y K ~ ~ ~ ~~ ~~ ~~ ~~ m~01m P `T auawa wa+ tll~fs man ~o WNW rmma x aiauaa •wxsoe on A ml YFW W ~O amah AoSLi59~ aw YID fn 4vns rte m nvu€aw setlr l9amc man .o iu'Me~e'!e s no~taw w ~$ k C I I~ • @ P ~~ a~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~~~~~~~ ~ ~ ~ ~~ ~~ ~ 60E}Z/SZ/it 35tillbNOIli©tdQ~ Q~~~~ k 6 ~t S zz 9MY~Rtl ~9A~~ a ~ ~ Y44 ~f j ~~ ~ Y~ ~ ~~ ~ ~ ~ @~ tk ~t~ pf(~~F ~ nio 4G oPo ~ S~~ ~~~~ gX PiD ~ ~~ ~l8~~ ~ h ~~~ ~~ ~ i k~ 8 -- `a ~ . z ° tt t :_ :' Mkisb.., p.. ta~~,n. r ~ ~., ..., .... .. ..... ~.~ r~ 1 _' w f .; . ~ ~ ~ ~ #M ~ ~ n ~ ~~,; A ~ '_ . I. ' r 'd 5. '~~ ~ l ~ ~ _.~ f ~qq % .~ 'e ~'~n.u.. ~ ..`.' ~ d ..4:: 1` ees , ~ ~ ~ Ii ~~. . t p~~ b~ M~ 1 ~ ®IPq/ P'P~ CAI Y®f 0lPP.MJIP O LIHRq OWP aLL YPPiIf LPiPON ~ n Pi PNP W ~1PB~O1 iHfoml N ~ PN NEY'lIP 4~ tllPIOA! riW YMIIOL GYP Ip atlpOY /4 •lPYUtlO 011 • January i 8,:01 {2, M: Scott Pape - ~'~nn~c Ptatinai~g ai~'Z;oriiag De~artment:t)~ice~ City:-Ball . . n!~~ray:~cl~i; ~I~rrida.~3444 :1~.e,I'ultic ~ot~c~;# 2~1~=t~4~' I'utt'in,,A.r~u~~ l~e~,ra 'B~cti 1~ear:Mr: ~hattk.ya-u fc~r-~rztr.tu~ie ta~3ay rn.re w~ abaiv~~applicatii~i~ for C~.iitional Use: I am a:lii~me outer a~'i~wt 2=2141°tirea~rgl~ Grove: ~illa~e. I:~ o-se~i to the:~raval af.a coridsttbriatl use .p~rmrt'ftir the 1.t#i~ .~:r~auti~ .Ilray ~eacl:tt~idii~atcire ~i~~'~a~,c~'~tix-#i~c fi~l~ov+riig reason: l.{ LTaut#tie ro w ~ e~-~ iiiate~: ol~facili is fFtc-a~#~ir~ss: of.~;st~n :urban p ~ & ~~- core-assoc~ated w~th:a.Centr~l I~us~&tes~ Distr€ct,(CII3) 'I~zotu~g tt} alio-tfiis un2tcaid t~f itY a CBI) ~ have ne~v~r lze`pf~ ~sit3' that°would-a~low°tlis uy'th~ir GBT). .. }. ,.. 2. 'lac usc~~s~'~ p~pertY a~ a ~n~u~t~re gol~fae~t~iy cre~fes a gap `i~: the e~~. p±edestrs"an cozxidor and #fuuatetts the fature:sfre+etscape opgortutittefi fc~Y ~ user friendly ec~rrtclair as tk~~ crty:~ro~vs along exi~t~ng-tiens'e t~aixed:~i~ corridors: 3. T'b;+e ci~rr~ent; ecancaiaa~ ;~lii~~te Tnay'n~a~e this c-prttxnity ~tc~: aril ~bacl~ tQ. the tax '•. l~a~}.seem l~~e an;,~tc~ive al~~emative #~i the cu~t~nt stsie ofthe;~ropezty This a~very sbar~it+~d vrekv ft~.#lie ~ tsf this ptopexty.;A;s plannex~s.atid. citi~ns, we~must tltnkand;ltaue a v:~ion for clie.futuz~ o~aurcxiuimux~ly: (halt' tine b[t~k away 7~ r~siclexifial ccin~tiin~ums As t1i~ ecoioiny turns:a~taund, ariil ristnct~oo'bc~i~s again, this project will' lie=gri~ssly. ou~t'of scale and.o~t ~f ch~tacter;wnth the .potential. z~f a mixed use.:pixij~cts or residential projects tliat~ will - most likely be built-san~acliacent.~ropeites. The realitjr ss a putt, pzitt;~alf course stnply.docs nat repr~ser~t ate hig'hes# anii best use of #3iis prope~y. 4, "I'li~ iise t~ft~iis;.pi~+petty:z~s a rt~iniaiEuz+~..gol~`facl~ty wig creafe: a ~~ead:zone and disccfur~ge pede~r~ian traffic that curccia#ly travels tt~ and frsim ~tl`ie gi~iccry store anti`the diztg: s#cre i~u the ai~,jaceint b~+cacs. '~ 5: The proposed use ~s1i"ereate:no~se ziit© the'late ~verung and cl~s~ki~rn~utr~nt resfderit~~l:btti~d.'tii~s. ~t v~t1~ xriast cert~ negatively afl`ect tbie.patentaal ~~; ~sideataal units t~ be:i~t~tt c~n:adja~nt ~±o~emes. Thea~~i~re;,the pr~pvsed u created ~a hact~sb.~~ ot~ the.su~xaund%pg pz~~~ias: Tt decz'eases vaiiie: anii creates: an enviroritt~erit. that do?~:: nat pramate.tiie .bu~duag: cif ca.~ramunit~+. ..~ ,~. The pi`tpa use: t~v%tl. it-cnease car travel to:t~~. sits: whiehwi~l. er~atu: aiditioi3al air poilut~can iu_tiie;~earby area and>put the :current pedestrian ~mdoi risk:.: This use `will ~ndariger die hltlx sa~"e'ty: end:'~v~lf of the pci~l~c~ 7", The p~r"king;~±~quz'vv~ll ~ici~ease the Heat ISlantl e~eet as well as crea#ing~ra~ia~. vvateriruno#'~`quatttx#~?'and ciaalitj?' prolEems, ..: . 8s Even it tl~~ krig ~l si#e ligt~~: ~~t`c~i~trent city: statn+3~`cls, :the nttsniser o~ lights required to illuminate tl~; h©fes and :~iu~dit~g at, inigh~ w~ ~~ve n n~gat~~~ erect an sur~round~ng t°estcl~ntial pro~e+ets:: reuse of`the cinceritratzon o#'th i#s, ,wdl creme light.~3lutiotts ,. 9!. 'I`lie ~riiiiosed use.is`~a lc+~v tierisit~-cii~+ec~i~l use Sufi ofcharaeter with: currt~: anal =gc~nenti~l .laad uses: on ~ijac~gt, pra;~es: 1(!: Alti~ra~aY"c~~tks a~!pltiaa,°w~iU~ae# a.~an~e~o~ p~re,~~+iient.our cosnmtuuty yvill { !~ ` 1::1...,A~ ~h~d at:a,min~a~ture golf facitity°a~jacerit in a:ra%1 system, cl~spite tlin prresenr, iif a i~ creates ~ el~it~-ant1• p~naserit dai~iger: Thank ~aa fair t~is.~rpjiort~iy fo ct~~tlmunt:on.#i~nc~ttae ufcanrltiona~-.use ucitice::# ~U1.0=04?: Ite ect~'iilly=su ~~.,. NfX es G]' ~E D A;P ~J Page 1 of 1 Pape, Scatt From: topspeakergaol,com Sent: Thursday, ,January 21, 2010 10:16 AM Ta: Pape, Scott Cc: roi c(~~c2ldanan.cam; scoff@danonmanagement.com; mlgrayt~bellsouth.net Subject: Public Notice # 2010=047 Mr. Scott Pape, Planning and Zoning; I received a public notice from your office (2010-047) alerting me to a hearing concerning a miniature golf course on Federal Highway between NE 3rd & NE 4th Streets. Seems to me that our area is already competing between residential and commercial use, If the commercial establishments "support' our residential needs, fine. C}therwise am opposed on the basis of noise, traffic congestion, and lighting-all of which have reached their sensible limits. Thank you for the opportunity to express my concerns. Terry C. Smith 250 NE Third Ave, #216 Delray Beach, FL 33444 C 1 /2Il241 Q • '~ • Q-~~Py a N.E. 5TH TERR. z cv N.E. 5TH CT, ~, C,.t. N.E. 5TH ST. z z N. . I~ a N.E. ~~ ~ ~ N r+) N.E. Q N. ci z z ui ~~ ~'1 ~_ ~ ~~~~~~ ~_ PROP~R~ PUTT'N Af~C~UND C7~LRAY BEA~W '; \ ~. • 1 PLANNING ANO ZONING tiwnRTMEN'F-~ ' ~~~ ''~ ~ LC7CATiON MAP -- DICtlAL ~15E A[AY .,YSTEM -- MAP REF: S:\Pionning & Zoning\48~15\F1Re-~~y\Z-lM 1001-1540\UA11S8_PuN'M Around i C~ Z 6 N.E. ^ 5TH ST. 7= tri Q~ QF~R Page 1 of 3 n ~EMtJRA1~IDUM T4: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planzung and Zoning "IJ-IROUGH: City Manager DATE: January 28, 20110 SIJBJEC'I': AGENDA ITEM 9,G, -REGULAR COMMISSION MEETING OF FEBRUARY 2.2010 WAIVER REQUESTIVILLAGERRTS MART ITEM BEFfJRE C{.)I~rIMISSIQN The action requested of the City Commission is consideration of a waiver request associated with the approval of a temporary use permit for an ArtsMart at 113 & 115 N.E. 4th Avenue. BACKGROUND The general consensus among local artisans is that emerging and start-up artists have difficulty finding space to show and sell their work in a community-type setting. Since the subject property is vacant on the weekends, the owner has agreed to allow its use for this purpose. The property consists of three parcels. The center parcel, which contains two structures, will be the vendor location. Customer parking will be provided on the north and south parcels, There is a total of 35 parking spaces available on these two parcels and 6 spaces along the alley, far a total of 41 spaces. Vendors may park in the customer parking area during set-up and take-down, but must relocate their vehicles by 11:45 AM. The ArtsMart will be open from noon to sunset on Saturdays and Sundays during the winter season, as determined by the Delray GreenMarket. Qn Saturdays, it is expected that many customers will visit both the ArtsMart and the Greenmarket, If each venue is advertised at the other, customer support at both operations may be enhanced. The sketch plan provided with the application indicates that there is room for a total of 21 vendors with nine 10' x 10' spaces, seven 10' x 9' spaces, one 10' x 8' space and four 10' x 5' spaces. The purpose of the ArtsMart is to create a safe and attractive setting far artists to show their works. A description of the operation of the ArtsMart, submitted by the applicant, includes the following requirements: . An ArtsMart manager will be on site at all times during the hours of operation; . All items said at the ArtsMart must be handlhome-crafted and represented by the artist an site. No mass-produced or manufactured pieces are allowed. Product categories include Jewelry, Pottery, Sculpture, Painting, Photography, Soaps-Cosmetic-Waxworks, Ceramics, Clothing-Accessories, Woodwork, Paper Goads, Glass, Metal Works, Recycling Art and Ciath Art; http:llmiweb001 /AgendaslBluesheet.aspx?ItemID=3 002&MeetingID=231 1129/2010 Page 2 of 3 + Canopies, tents and umbrellas must be white or neutral in color and must be properly weighted and relatively wind resistant; .All tables require skirting and must display a sign with the vendor's name andlor company name; + Alcoholic beverages are prohibited on the premises; . Vendors will be responsible for ail garbage, trash and equipment removal from their space; • Games of chance are not permitted; + Distribution of religious or political materials is not permitted; and + Radios, CDs or other sound distractions are prohibited, Waiver Analysis; Pursuant to LDR Section 2.4,7{B){S}, 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. The waiver request is to LDR Section 2.4.b(F), "Temporary Use Permit", to permit the use of an ArtsMart. Since the use is not specifically listed as an allowed use under this section, approval can only be granted through a waiver by the City Commission. Since we are already in the middle of this year's season, it is requested that the time frame for the temporary use be far a period not to exceed 18 months. This will allow operation during the rest of this season and next season. The applicant has submitted the fallowing statement to support the use of an ArtsMart at the proposed location: "The newest initiative to promote Delray Beach as an "art destination" would be well served by such a small gathering of local grass roots artists showing and selling their work. This location is an excellent venue, just one block off Federal Highway and Atlantic Avenue. it would attract people and shoppers to RTE 4th Avenue businesses as well as Atlantic Avenue restaurants and shops, It would also add a dimension of interest to this fringe of the Arts District." Letters of support from the Downtown Development Authority and the Pineapple Grave Arts District Board have been provided with the application. Additionally, the applicant has obtained signatures from several surrounding business owners on NE 4th Avenue in support of the project. Given its small scale, weekend only operation and the amount of available parking in the area, the temporary use of the property for an ArtsMart should not have a adverse affect on the neighboring area. In fact, as stated by the applicant, it should bring additional customers for local businesses into the area. The operation of an ArtsMart at this location will not significantly diminish the provision of public facilities, and if operated in accordance with the applicant's description of the project, will not create an unsafe situation. Finally, approval of the waiver will 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. This type of use already occurs during special events in the downtown area, including the Delray Affair and GreenMarket. Based on the above, positive findings can be made with respect to LDR Section 2.4.E{B}{5), Waiver Findings. REC(JMMENT3ATION http:llmiweb001 /AgendasBluesheet.aspx?ZtemID=30Q2&MeetinglD=231 1 X29/2410 Page 3 of 3 Approve a Temporary Use Permit and Waiver to LDR Section 2.4.6{F} for the Village Arts Mart at 113 & 115 I~TE 4th Avenue, based on positive findings with respect to LDR Section 2.4.7(F3}{5}, subject to the following conditions: 1. The Temporary Use Permit shall expire 18 months from date of approval; 2. The ArtsMart must be operated in accordance with the attached applicant's description. Deviation from these requirements, without City Commission approval, may result in revocation of the Temporary Use Permit. ., http:l/miwebOQ 11AgendaslBluesheet.aspx?ItemID=3002&MeetinglD=231 1/29/2010 IN THE CITY COMMISSI©N CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST RELATING TQ A TEMPORARY USE PERMIT Ft7R AN ARTS MART TO BE LOCATED AT 113 AND 115 NE 4T" AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request to allow a temporary use permit for an Arts Mart at 113 and 115 NE 4t" Avenue came before the City Commission on February 2, 201 {~. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the temporary use permit. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I. L WAIVER TQ ALLOW A TEMPORARY USE PERMIT FOR AN ARTS MART T© BE LOCATED AT 113 AND 115 NE 4TH AVENUE: LDR Section 2.4.6{F) provides of a list of allowable temporary uses. The Applicant is requesting a waiver to Section 2.4.6{F) to permit the use of Arts Mart to be located at 113 and 115 NE 4i" Avenue. Pursuant to LDR Section 2.4.7{B){5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver. (a) Shall not adversely affect the neighboring area; {b) Shall not significantly diminish the provision of public facilities; {c) Shall not create an unsafe situation; and, (d) Daes not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property far another applicant or owner. Does the waiver request subject to the conditions attached in Exhibit "A" meet all the requirements of 2.4.7(B){5)? Yes No r~ 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 Gomprehensive Plan. 4. The City Commission finds there is arnple 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 LDR Section 2.4.6{F) subject to the conditions listed in Exhibit "A" attached hereto. 6. Based on the entire record before it, the Gity Commission hereby adopts this Order this 2"d day of February, 2010, by a vote of in favor and opposed. ATTEST: Ghevelle Nubin, City Glerk Exhibit "A" 2 Nelson S. McDuffie, Mayor Conditions Related to the Waiver Re uest to Allow an Arts Mart at '113 and 115 NE 4"" AYE:nU4' 1. The Temporary Use Permit shall expire 18 months from date of approval; 2. The ArtsMart must be operated in accordance with the attached applicant's description. Deviation from these requirements, without City Commission approval may result in revocation of the Temporary Use Permit. C C 3 • v ~~.i r ~ `~ > ~ ~ Q = _ _ ¢ Q ~ ~ ~ ~ z w w ~ ~ c~ ~ w w t~ LL LL N.E. 2ND 1ST. w ~, ~ ~I > , r~ O 4 > ~ ~ ~ ~ `C (~ C7 w z = m m ~' ~ _ t~'i. ,' ~ t- ~ a- ~ G~ w c.i C) O z ~ cn ~ ~ ~ ~~_< N.E. 1ST ST. x ~ ~ I ~ o 0 ~ I z z ~ ~ z = ~ ~ w [ ~ ~ ' Z ~~~ AT~.AN TI ~ AVEN U E e _ N ~~~~ ARTS BART ~~ ~~ PROPERTY ~ ° ~ ~ ~ ~ `;` ' ~~ ~~~ ~~~ ~ TEMPQRARY USE PERMIT PLANNING ANR ZONING ~' t3~r5A~rtn~NT LOGAI"It}N MAP < -~ DtGlTAL S4S£ MAP SYSTEM -- MAP REF; S:\Plonning do Zon4ng1D8MS\Fle-Cob\2-LM 1009-1500\tA91985_Mts Mort ' C ~, u DESCRIPTIQNi The V'~Q_,LAGE ARTSMART is proposed for the rdE corner of TTE 4~' Ave and rTE 1 sr St. The center lat vrill be the vendor lacation. The parking lots to the I~Tarth and South v+rill serve the patrons. The vendor lot will be sectioned into 20 spaces, of approximately 10'x10', with a curved walk space delineated from the sidewalk an 1*TE 4~' Ave to the Alleyway. Markings on the pavement vrill be done with chalk, ar other removable medium. Potted plants, sections of picket fence, and the established trees ~~ill serve to enhance and develop a pleasant, inviting venue. - PURPOSE The cottage at ~ IS NE 4`~ Ave, on this center lot has been used as a studio and storage for several local craftsmen. Recognition of the empty lots, led us to discuss a repurposing use on the weekends. In addition, the general consensus among local artisans is that emerging and stain-up artists Dave diffiiculty finding space to show and sell, in a community-type setting. Support, communication, reinforcement and camaraderie are valuable entities that can be achieved in such a market commonalty. A SCHEDULE Open for the Winter Season, as described by the Delray GreenMarket. Sahtrdays and Sundays from noon to sunset, starting 2010, on liebruary 6 and '~, - MAI~IAGEMETI'T The VILLAGE ARTSMART will be managed and administrated by the Delray Art Coalition. More specifically, a group of volunteers with these common goals. 1) to repurpose thus location, 2) to promote the Arts and Crafts of Delray's local artisans and craftsmen, anal 3) to energize this portion of Pineapple Grove to the benefit of other local businesses and Delray Beach as a whole. During Market hours, the ArtsR~art 1vla~aager or members of the Delray Arts Coalition will collect fees, direct set-up, and decide any immediate issues affecting the overall market. PRODUCT ELIGI~I~...ITY l._..J A PRCa-DUCTS All items to be sold within a booth must fall in 1 and ONLY 1 of the follov~ring categories: Jewelry, Pottery, Sculpture, Paintings, Photography, SoapslCosmetic/Waxworks, Ceramics, Clothing/Accessories {excluding Jewelry), Woodwork, Paper Goods, Glass, Metal Works, Recycling Art, Cloth Art. All items must be hancllhame-crated and represented by the a~rrtist on-site. Nv .mass-produced or nuu~cfact~xred pieces. Applications must be submitted to the ArtsMart Malc~ager with pictures of their work. Approval must be received before registration is allowed. Product eligibility is not a guarantee of acceptance to the VILLAGE ARTSMART. - 1II~NDORS Vendors with Delray Beach addresses will be given space preference in times of limited availability. The Delray .Arts Coalition encourages and welcomes nonprofit and community orga~niz~tions to use the market for ft~~ndraising oppor~Gr~nities an a limited scale. They would be subject to all standard vendor males and regulations but wrnald be exempt from space rental fees. - _INI~L1C IBILITY The Delray Arts Coalition reserves the final. judgment of the suitability of any specific Vendor's operation and items sold. Any goods that are not of sufficient quality may be subject to removal from sale by the on-site 11tlanager. 1tI?NDt3R POLICIES p APPL.ICA-TIflN AMID RI?CISTRATI4N An application farm is required and includes name, address, phone #, email address, copy of photo ID, description of items to be sold and price range. 3 photos depicting: 1}Item to be sold, 2}Close up of featured item. 3)Overall display. Registration is required to reserve a space on a dates} specific. Application approval is required, before a registration can be made. The Delray Arts Coalition maint~~ins the right to approve ar deny Art.~vlart vendors in its sole and absolute discretion. A BOO`T`HS AND PRI~SENTATIC)N Vendors are responsible far creating a professional and visl~ally atlaractive presentation. The ArtsMart Atlanager reserves the right to request improvements in displays if necessary or relocate booth space. All booths measure approximately lU'x1Q'. Sharing and subletting is not encouraged, but can be discussed with the Manager prior to the date of display. Vendors are urged to bring canopies, tents ar umbrellas. They must be properly weighted and must be relatively v+Tind resistant. They must be white or new in color. Tarps, cloth, plastic sheets are not allowed for shade ar protection from the elements. Ail tables require skirting and display a sign with vendor's name and/or corr~pany name. Ground displays are solely for those items that are specifically crafted for floors, lawns or ground. - [hISUFl,AAICE The Delray Arts Coalition must carry liability insurance that names the owner of the property as additional. insured and covers people for personal injury while they are an the n~~rket site. Vendors are not covered for damages customers may claim from their products or business losses. - PARICITIC Vendors may parkin the customer parking zone surrounding the market during set- up and take-down, but must vacate the pedestrian zone at 11:45A~~. Vendors will be directed to park in spaces in the public garage or by the railroad track on the east side of NE 1~ St. With owner's permission, vendor parking maybe available behind the businesses on Mj4'~ Ave off the alleyway. - SMC)KIIVG AAII7- ALCCII-It~I.,IC BE1tE~ACES Vendors are not allowed to smoke in the Market lot or allowed to be under the influence of alcohol or dxugs during ArtsM~ hours, nor should have any on the premises. • - CL.EAN•UP Vendors v~rill be respons~~ble for all garbage, brash and equipment removal from their space. DEL.RAY ARTS COALITION RESP'~3AIS[BILITIES The members of the Coalition will have the responsibility of naming a ArtsMart Manager for each season. He1She will. do or relegate such frisks as schedaLing, application approvals, space assignments, promotion and advertisement, collection of fees . The Manager also v~rill be responsible for enforcing the ArtsMart Rules. 4n the days of display an on-site Manager or designee will be available during the hours of operation. The Coalition, its staff anal sponsors offer no guarantee as to the number of vendors or patrons on any given weekend. We do, to the best of our ability, advertise and promote our ArtsMart, but the desirability of any product sold at the market is beyond our control. MISC~LLANEOI.IS A Na games of chance. Na sale of alcohol. n1c~ distribution of religious or political materials. Radios, CD's or sound distractions are prohibited, U • z ~ p~~~~~~ r~ ~? 1! f L fftii ~ 4, t_ City o~ ~~~r~.~ ~~a.~h, T~~~>td~ December 21, 2009 Mr. Pau{ Darling, Director Planning & Zoning City of Delray Beach 100 NV11. 1st Avenue Delray Beach, FL 33444 Re: Delra Ark Market •~---~--,Rr u t ,4.ita~.~do~ ..k . ~:: .-' - , ornvnTOh~n ~„-,~,~„} K ~ ~ . %~A ~ o~,«a~~<nr i ~ ~.. 4 ~~, -~ ,~~" U~iL FlUiH I~tITY i _ ~,~, v _ Dear Mr. Darling: The Arts Experience Gommitkee received the following request from Ann Fulton, occupant at 113 NE 4th Avenue asking for our support. This request is for a group of local artists who would like to form a co-op using the cottage at that location as an office and the center parking lat and office building courtyard as an outdoor gallerylshow space, They would like to use this space one weekend a month, when the parking lots are nat in use by the office building. If this is successful they would like to have weekly Ark Marts. This initiative to promote Delray Beach as an ark destination would be well served by such a small gathering of local grassroots artist showing and selling their work. This location is an excellent venue and would attract people and shoppers to NE Ott' Avenue businesses as well as Atlantic Avenue restaurants and shops. Your consideration of this request is appreciated. The Arts Experience Committee supports the promotion and growth of art in Delray Beach. Sincerely, ,i MARJ(~RIE FERRER Executive Director °E«`:°~'n" au~a~ter~a a«~ 64-A SE Fifth Avei~rae, Delray Eeach, FZ 33483 • Tel: 561.278.0424 • Fax: 561.27$.0555 `, r '~+ww.Dt~wntournDelrayBeach.cQ~n ~~3 jLt..lt~.lse • do " -ma'y' "7~7~~ . n c+€r~E~€~F~~ ~` ~it~~ ~. _` {' (~D 1 L. _.._.~a ~_..__ ..J Fire^..tSt2ie G~~~~ Fxa`:'"s ai~sf~e~ Betray reach. FL 33~~t3 oval, t :.au~ ti:.,i aaa~ ~~al'~t]i11~T c~L 7dAi11~ C`i~v ~k~`~gfr~v Fie.~~.l~ I iJir} I}I }`4r ~ cr t~'a V 6'i3.ti$% Delray Beach., FL 334 L~ece~~xber :iU, ~0{?9 Dear `Mir. Doriing tan behal~'ofthe Pineapp]e Grove Arts District Board of'Directors, we would like to er~c3orce Anr Fi~tton's 1~rYsMart ;~lax~, uric, Fultrrn is c~rgar~i it g s~ ,fan of lnca~ artGr_~ rn siivva rl~eh ~~~~ at 1 i3 ~E ~`'' ~~~-exrc~e ~;a~`i~~g ioi u?zti~. a ~~o=_~dr oaa die ~~ ~k.~ . 'F`!. TY .t _ _ aL. 4t ti ! a .7 L` tZtt T1 1_ !"1__. ;__l~ - .k 2ktir 11tf[kt t3. €k43::+.: tk:#L t:tt~ ..........,.1::~4!t~ k+.3«:G:tt.,.. Gi:«..k dl3±~x `,x~ =y:y:ii..E'f'i:: ,.:. .. _ i:_...._. " tc faster It~cal arts ixt the area I it2S1iC S~iiu it~C Cvii5i~ciiiz~y ixws rcyiic;~E. ~lll4Cf`V'IyX } b ~..-.- Gene ~'isheT Presidentr Pineapple Grove llrts t~istrict .~4artl ~~~~~~ JAN 1 5 2QfiQ .~~~~ pp Ai-ANNiNG & ~NIMj NG F ..r. U Sharon E~oskoff 325 SW 29~ Avenue, Delray Beach, Florida 33445 Phone S Fax (561) 276-925 Cell Phone (569} 699-789 BvSharonfc~comcast.net www.BvSharon.cam December 22, 2008 I support the Delray Arts Mart and am happy that Delray Beach is considering ail ideas to promote the arts. The City of Lake (North has proclaimed a Renaissance of the Arts, and Delray Beach will be left behind if we do not use every opportunity to use creativity and originality in our downtown districts! Thanks far your consideration, Respectfully Submitted, Sharon Kaskoff Mural Artist ~ Public Arts Advisory Board To: Residents, Business Uwners, and Interested Parties Re. Defray Arts Mart Date: December 14, 2009 We would like to introduce you to a plan that includes the use of the 3 parking lots on the NE corner of NE 4#~' Ave and NE 1 ~ St. As the present occupants of 115 NE 4~' Ave {the small white cottage on the alleyway) we are envisioning a weekend °Arts Mart" when these parking lots are not in use by the 10014 Federal Nwy office bldg. Mare specifically, 20 or sa vendors on the center lot. These vendors being local creative souls, who have no other venue to showcase their artwork. This would happen on Saturdays and Sundays until sunset. Tents, tables and vertical displays would be required in order to maintain the carne standards as set by ti^~e Green Market, at the other end of 4~ Ave. We expect such activity and interest ~~ :~~ would benefrt all in the neighborhood, and bring some recognition to our sleePY part of Delray Beach. Our Artist Coop is based on a true love and passion for the work we do ,and the need to have a place to gather, share and sell. Economically, most of our members cannot continue with our passions without some help in return in the farm of buyers. We are asking for your support, with only yoursig-natune, to submit to City Hall, as they consider our request. The property owner considers his approval as a community minded gesture, helping Delray Beach become an Arts Destination. These "grassroots artistsn today could be fiumishing the Atlantic galleries tomorrow. Thank you for your support, ~ am signing this letter in support of the Arts Mart, as envisioned in this letter of explanation dated Dec. 94, 2gQ9 Sharon Koskoff ;, • To: Residents, Business Owners, and Interested Parties Re: Delray Arts Mart Date: December 14, 2009 We would like to introduce you to a plan that includes the use of the 3 parking lots on the NE comer of NE 4~' Ave and NE 1 ~` St. As the present occupants of 115 NE 4'~ Ave (the small white cottage on the alleyway) we are envisioning a weekend "Arts Mart" when these parking lots are not in use by the 100 N Federal Hwy office bldg. More specifically, 20 or so vendors on the center lot. These vendors being local creative souls, who have no other venue to showcase their artwork. This would happen on Saturdays and Sundays until sunset. Tents, tables and vertical displays would be required in order to maintain the same standards as set by the Green Market, at the other end of 4`~ Ave. We expect such activity and interest would benefit all in the neighborhood, and bring some recognition to our sleepy part of Delray Beach. Our Artist Coop is based on a true love and passion for the work we do ,and the need to have a place to gather, share and sell. Economically, most of our members cannot continue with our passions without some help in return in the form of buyers. • We are asking for your support, with only your signature, to submit to City Hall, as they consider our request. The property owner considers his approval as a community minded ~ gesture, helping Delray Beach become an Arts Destination. These "grassroots artists" today could be furnishing the Atlantic galleries tomorrow. Thank you for your support, ACA ~~}`ca ~ ~~ Gt- I am signing this letter in support of the Arts Mart, as envisioned in this letter of explanation dated Dec 2009 { /F,..~ l ,f`' ~&UZA~/ FtLl~ F&ST{ VI4L r ~.~:~ l ~~.~~ ~~.~ ~~~~ ~-~ ~ j ~ A C"Xecu%i~e ~i~e ~ /vR r ~~ • To: Residents, Business Owners, and Interested Parties Re: Delray Arts Mart Date: December 14, 2009 We would like to introduce you to a plan that includes the use of the 3 parking lots on the NE corner of NE 4'~ Ave and NE 1 ~ St. As the present occupants of 115 NE 4'~ Ave (the small white cottage on the alleyway) we are envisioning a weekend "Arts Mart" when these parking lots are not in use by the 100 N Federal Hwy office bldg. More specifically, 20 or so vendors on the center lot. These vendors being local creative souls, who have no other venue to showcase their artwork. This would happen on Saturdays and Sundays until sunset. Tents, tables and vertical displays would be required in order to maintain the same standards as set by the Green Market, at the other end of 4~ Ave. We expect such activity and interest would benefit all in the neighborhood, and bring some recognition to our sleepy part of Delray Beach. Our Artist Coop is based on a true love and passion for the work we do ,and the need to have a place to gather, share and sell. Economically, most of our members cannot continue with our passions without some help in return in the form of buyers. • We aze asking for your support, with only your signature, to submit to City Hall, as they consider our request. The property owner considers his approval as a community minded ~ gesture, helping Delray Beach become an Arts Destination. These "grassroots artists" today could be furnishing the Atlantic galleries tomorrow. Thank you ~r your support, ~ ` f I am signing this letter in support of the Arts Mart, as envisioned in this letter of explanation dated Dec. 4 2009 ~~ ~ . ~ ~ ~ (~~G ~Al~ ~'. F( ~ t 11,E 1 UH'U • +' - i ~,~"~ '~ wLtu R. .y~^~'- x r, ,~~.•u~ d Interested Parties ~~~ }~ £-Maid: Skt'C)ITQI]ELRAY~GMAILCAM ~, Fh ~51~=2b6~Q3~1+~ Bex 561-2$6-Q310 j o-.:-,~ 1 x ~ tv~ 4if ~~ AvE > C?~Fr=a~ t3each F# 33}83 Wiz; -_ _. ...., i We would like to introduce you to a plan that includes the use of the 3 parking lots on the NE comer ofNE 4`" Ave and NE 1~` St. As the present occupants of 115 NE 4~` Ave (the small white cottage on the alleyway} we are envisioning a weekend "Arts Mart" when these parking lots are not in use by the 1001x1 Federal Hwy office bldg. More specifically, 20 or so vendors on the center lot. These vendors being local creative souls, who have no other venue to showcase their artwork. This would happen on Saturdays and Sundays until sunset. Tents, tables and vertical displays would be required in order to maintain the same standards as set by the Green Market, at the other end of ~`~ Ave. V-le expect such activity and intere~ would benefit all in the neighborhood, and bring some recognition to our sleepy Part ofDelray Beach, Our Artist Coop is based on a true love and passion for the work we do ,and the need to have a place to gather, share and sell. Economically, most of our members cannot continue with our passions without some help in return in the farm of buyers. We are asking far your support, with only your signature, to submit to City Ball, as they consider our request. The property owner considers his approval as a community minded gesture, helping Delray Beach became an Arts Destination. These "grassroots artists" today could be fi~rnishing the Atlantic galleries tomorrow. Thank you for your support, I am signing this letter in support of the Arts Mart, as envisioned in this letter of explanation dated Dec. 14, 2009 ~a~-. • ----- _._.--..___.._....__._-. i MAEiC:f~SAACt7SCA t. To. Residents, Business Owners, and Interested Parties' $~. , :,. Re: Delray Arts Mart Date: December 24, 2049 We would like to introduce you to a plan that includes rTE corner of NE 4a' Ave and NE 2~ St. As the prese3 small white cottage an the alleyway) we are envisionin these park=ing tats are not in use by the 1 ~ N Federal ] a-,:. DAC~SfiA CtGHT[t"I1G SE~tVtCE' :.:.:-~... :Antique Repair & Restoration ~ ' ; , . Lamp and Cttandeiier y ;. Rewit~ce • Clean • Repair ~ . r= ,, ,:,. i I}A4'rD CQL GLADYS IZA XRiB TROCrt,~~ CSR CERT2ElED I}RYCLEA.hiERS ~ ,~yr _ ,,,~ -t{~•{~ ~;,~ ~~ fir.. PINEAPPLE GROVE CLEANERS "A FAtKU.Y TRAUrrtaN aa~ I~RYCLEANING EXCELLENCE W'TTH A PERSONAL TOUCH}a Mare specifically, 20 or so vendors an the center lot, T~ _._. ~.~___ --- souls, who have no other venue to showct~se their artwartr ~'":~ .- ~-..~' t Saturdays and Sundays until sunset. Tents, tables and ver in order to maintain the same standards as set by the C,iree: Ave_ We expect such activity and izrterest would benefit a bring some recognition to our sleePY P~ of Delray Beach - -.-~.,.,,,~~~nnlc~ r~~~~cH Our Artist Coop is based on a true love and passion for thl; ` ' ; have a place to gather, share and sell. Economically, most ~` ~ ;~, . continue with our passions without some help in return in i ~ ,- ,ry' We are asking for your support, with only your sigr`ur~ ;1 ~ :~ . consider our request. The property owner considers his of gesture, helping Delray Beach become an Arts Destinatior'`~ - _ _ toda could be furnishin the Atlantic eves tomorrow ~ ~ ~-:~~~ ~~~~ ~~' , r Thank you for yours .art, {~ ~~ ~.~ ~~ I am signing this letter in support of the Arts 1~I~ut, as envisioned in this letter of explanation dated Dec. 14, 2049 -- ~J~-c~~.s 2 ~ t~~'{~~'r1VC~ C~r~~ ~~,,,,f~~~s ~'/ c.. ~ ~~- n ~~ ~~~~ ~. ~,(~.. ~'i ~~~ ~t .~--- r{-~-~. .~ , ~I U L.J To Residepts, $ttess Owners, and Interested Parties lte: Dray Arts lk~a~k Date: December l4, X009 We wo~i lie tp:;inxroduce you to a plan that includes the use of the 3 parking lots on the NE comer of ktiTE 4m Ave and NE 1~ St. As the present occupants of i 15 NE 4°i Ave (the small white cottage on the alleyway) we are envisioning a weekend "Arts Mart" when these parking lots are not in use by the 100 N Federal Hwy office bldg. More specifically,lA or so vendors on the center lot. These vendors being local creative souls, who have no other venue to showcase their artwork. Tbis would happen on Saturdays and Sundays until sunset. Terns, tables and vertical displays would be required in order to maintain the same standards as set by the Green Market, at the other end of 4~' Ave. We expect such activity and interest would benefit all in the neighborhood, and bring some recognition to our sleepy part of Defray Beach. Our ArEist Coop is based on a true love and passion for the work we do ,and the need to have a place to gather, share and sell. Economically, most of our members cannot continue with our passions without some help in return in the form of buyers. We are asking for your support, with only your signature, to submit to City Hall, as they • consider our request. The property owner considers his approval as a community minded gesture, helping Delray Beach become an Arts Destination. These "grassroots artists" today could be fiunishing the Atlamic galleries tomorrow. Thank you for yow support, I am signing this letter in support of the Arts Mart, as eni explanation dated Dec. 14, 2009 ~ , ~o ~a ~r~ ;7 Dale F. Morrison, CPA Morrison &z Swank, P.A. Certified Public Accountanrs 309 Northeast First Street Delray Beach, Florida 33483 E Mai TTO.DELRAY@GMAILCOM _ ~YL 265=0,11 +Fax 561-26f~0310 _. _.,, - ~h. Ave ~ Delray Beach FI 3 Page 1 of 2 n ~EM0~7-ANDLTM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUCxH: David Flarden, City Manager DATE: January 29, 2010 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF' FEBRUARY 2.2010 REPLACEMENT TREES FOR THE OFFICE hr~lv>c B>~FORE col~~>css><aN The item before the Commission is a request far direction regartding replacement trees and potential violation fines for the unauthorized removal of three (3) city-owned Japanese Fern Trees located at the NE corner of Atlantic Avenue and NE 2nd Avenue. BACKGRQLTND The Office, located at the NE corner of Atlantic Avenue and NE 2nd Avenue, illegally removed three (3) twenty foot specimen Japanese Fern Trees from City Right-of--Way. The Japanese Fern Trees were then replaced with Foxtail Palms, approximately 15' in overall height. This initially came to our attention around the beginning of January. Staff had originally requested `The Office' to replace the three removed trees with the same species of the same quality, height and spread. The landscape contractor hired by `The Office' and city staff called all the nursery growers who grow this tree variety as well as reputable plant brokers. None of the growers have them and stated that it would be impassible to find quality trees equivalent in height, unless you sought specimens from private property and negotiated some type of deal If we go this route, it will take time and may not even work due to the poor survival rates of transplanted Japanese Fern Trees. Therefore, staff is proposing two (2) options to the Commission for consideration of mitigating the unauthorized removal of the three trees. The Office has already agreed to donate the three (3) Foxtail Palms to the City. The first option would be to have the owner of `The Office' to pay for the relocation of our three (3) existing 20' Japanese Fern Trees (located on the west side of T1E 2n~ Avenue) to a city-approved location. Staff can discuss suitable locations for these relocated trees. The City would then require them to plant six (6) new Japanese Fern Trees, equal in height and stature, bath where the initial three were removed as well as where the three existing ones are now. This will ensure equal balance along NE 2nd Avenue. The largest trees that we could probably get while still maintaining Florida # 1 quality, would http:~lmiweb0011AgendaslBluesheet.aspx?ItemID=3010&MeetinglD=231 1!2912010 Page 2 of 2 be around 12' overall height. These smaller trees would be much cheaper in price compared to the apes that they illegally removed. The City could also ask for monetary compensation far the difference in price. Staff estimates the value of the larger removed trees to be around $S00 each. The six smaller trees that they would be replacing with would cost around $1 SO each. This is for material cost only. The owner would be required to pay a penalty fee in the amount o $1500. The second option would have `The Office' pay for the relocation of the existing Japanese Fern Trees and replace with six (6) Medjool Date Palms, three on each side of NE 2nd Avenue. The Medjool Dates are currently planted along NE 2nd Avenue, just north of the subject property. They will blend in nicely with Pineapple Grove and the image that is projected along this corridor. The Medjool Date Palms are, however, much more expensive than the Japanese Fern Trees. The material cost for one (1 ~ Medjool Date Palm with about 15' of CT {Clear Trunk), which would be equivalent to the existing Date Palms we currently have along Pineapple Grove, is about $3500, this amount does not include installation. A photo representative afthe Medjool is attached. FUNDING SQURCE The Office would be financially responsible for damages caused as well as all casts associated with corrective actions. RECOMMENDATION Stuff is recommending option number one, including the $1500 penalty. C7 http:llrniweb0011AgendasJBluesheet.aspx?ItesnID=3010&MeetingID=231 l12}J2010 Page 1 of 1 r~ u 11ZEMtJRANI}LTM TO: Mayor and City Commissioners FRAM: R. Brian Shutt, City Attorney DATE: January 26, 2010 SITBJECT: AGENDA ITEM 9,I. -REGULAR COMMISSION MEETING OF FEBRUARY 2, 20]0 AUTHORIZATION TO APPEALlCITY OF DELRAY BEACH VS. BOARD OF TRUSTEES OF THE DELRAY POLICE AND FIREFIGHTERS RETIREMENT SYSTEM ITEM BEFORE COMMISSION City staff is seeking the authority to file an appeal with the Fourth District Court of Appeal in the above-named case. BACKGROUND The City filed a complaint against the Police and Fire Pension Board in 2006 based on action taken by the Board to include certain certification pay as pensionable earnings. The City did not approve or agree to the change in earnings or the recalculation of benefits and contributions. Summary judgment arguments were presented from both sides an November 5, 2009.On November 25, 2009, the trial court ruled in favor of the pension board and determined that the requested certifications should be included as pensionable earnings. The Pension Board has requested its actuary to calculate the impact of including the certification pay as pensionable earnings; however, the calculations will not be concluded prior to the deadline for the filing of a native of appeal. In order to preserve our rights to appeal, a notice of appeal must be filed by February 11, 2010. RECOMMENDATION Our office recommends that the Commission grant authority to file an appeal in the case of the City of Delray Beach vs. the Board of Trustees of the City of Delray Beach Police Officers and Firefighters Retirement System. http://miweb001/AgendaslBluesheet.aspx?Item1D=2984&Meeting1D=231 1 /29/2010 Page 1 of 2 ~ElVIC?RANI)LTM TO: Mayar and City Commissioners FROM: David T. Harden, City Manager DATE; January 27, 2010 SUBJECT: AGENDA ITEM 9.J. -REGULAR COMMISSION MEETING OF FEBRUARY 2 2010 APPOINTMENT TO THE GREEN TASK FORCE ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Green Task Force. BACKGROUND Regular member, Ms. Suzanne Schenkel, resigned from the Green Task Force effective January 4, 2010. Please see her resignation letter attached. This creates a vacancy for one (1) regular member to serve an unexpired term ending July 31, 2011. IUIr. Edward Bispham and Mr. Matthew O'Connell are alternate members and would like to be considered far regular membership. On July 21, 2009, the Delray Beach City Commission adopted Resolution No. 24-09 establishing the Green Task Force for the purpose of making recommendations to the City Commission regarding ways to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizations to practice environmental conservation including recycling; proposed means to enhance water and energy conservation; ideas for promotion of tree planting and xeriscaping; best practices to be cansidered for implementation in Delray Beach, including long-term strategies; and proposed revisions to City ordinances to address Green technologies. The Green Task Force shall consist of seven {'7) regular members and two {2} alternate members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own property in the City, awn a business within the City, or be an officer, director or manager of a business located within the City. The following individuals have submitted applications and would like to be considered for appointment: {See Exhibit "A" attached) A check for code violations andlor municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. http://miweb0011AgendaslBluesheet.aspx?ItemID=2996&MeetingID=231 112912010 Page 2 of 2 Based on the rotation system, the appointment will be made by Mayor McDuffie (Seat #5} far one (1} regular member to serve on the Green Task Farce far an unexpired term ending July 31, 2411. RECOMMENDAT1GlN Recommend appointment of one (1 ~ regular member to serve on the Green Task Force for an unexpired term ending July 31, 2411. C C http:llmiweb441/Agendasl8luesheet.aspx?ItemID=2996&MeetinglD=231 1 /29/2414 Chloe Bedenbaugh Edward Bispham Alberto Chuecos Nayda Cottone-Ovadia Allen Huntington Laura Reines Matthew O'Connell Wendy Smith GREEN TASK FORCE Eh~IBIT "A" Human Resources (currently serving an the Public Employees Relations Commission} Construction Incumbent I}irector of Operations Medical Finance DirectorlSpecial Events Coordinator Business Owner Incumbent Health Policy Consultant (currently serving on the Nuisance Abatement Board} n n n onto GREEN TASK FORCE TER:ME~CPIRES N1?-~/IE & ADDRESS OCCUPATION 07/31/2010 Project Mana~r/Civil Appt astl~rtl~ ~,na DeMele Engtneenng 07/31 /2011 Architect os~o~tl~ David Hawke 07/31/2010 Business t~w~elr-CEO Appt os~o~~o~ Rita Johnsen 07/31 /2010 Master Approslo~io~ Jayne K:ir>g GardenerlEdcacator 07/31/2011 Vacant 07/31 /2010 Pl~rrlning Te~:hniaan Apps o81~4109 Nancy ~ichneider 07/31 J2011 Environmental Strategy Apps aaro~tos Yaknaz Siddic~ui Advisor ALTERNATE MEMBERS 07/31 /2011 Construction ,' °~J°~~°~ Edward Bispham 07/31/2011 Business Ownez ~J°~f °~ Matthew O'Connell S/City ClerktBoard IOtGreen Task Force CITY REPRESENTATIVES: Randal I~:rejc~k 243-7322 Rich Meade 243-7009 Web: www.m~rdelraybeach.cam FoflQw CitvDelrayBeach on Twitter Please consider the environment before grin#ing this email. Fror»: Suzanne Schenkel [manta:suzanneschenkel@yahoo.com] Se»t: Monday, January 04, 2010 2.25 PM To: Reade, Richard Sobjet~: Richard, It is with regret to inform you that I will be moving out of state in April. I did not know this when I applied to become a member of the Green Task Force. I need to know what procedures I have to follow to submit a letter of resignation. In the meantime, it might be well for the committee to pick my brain because I have been through all these conversatoins before in various places. Thanks, ~uz~~urne Schenkel r~ u ., ,~ z Page 1 of 1 ~~ MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager HATE: January 27, 2010 SUBJECT: AGENDA ITEM 9.K. - REGULAR COMMISSIC3N MEETING OF FEBRUARY 2 2010 APFt1INTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BQARD ITEM BEFORE COMMISSION This item is before the City Commission for an appaintment to the Site Plan Review and Appearance Board. BACKGROUND n Regular member, Mr. James Borsos, verbally resigned from the Site Plan Review and Appearance Board effective December 30, 2009. This creates a vacancy for one (1}regular member to serve an unexpired term ending August 31, 2010. These requirements have been updated to reflect current code requirements. Ta qualify for appointment, a person shall either be a resident of, ar awn property in the City, andJor awn a business within the City. In addition, the City Commission sha11 fill five seats on the Board with an architect, landscape architect, realtarlreal estate broker, civil engineer, general contractor, sign contractor, land planner or interior designer. The remaining two seats shat] be at large. The Commission shall endeavor to appoint as many disciplines as passible to the board. The following individuals have submitted ,applications and would Like to be considered for appointment: (See Exhibit "A" attached} A check far 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. Alejandro Borrero. Based on the rotation system, the appointment will be made by Commissioner Fetzer {Seat #2) far one {1}regular member to serve an the Site Plan Review & Appearance Board for an unexpired term ending August 31, 2010. RECOMMENDATION Recommend appaintment of one {1 }regular member to serve on the Site Plan Review and Appearance Board far an unexpired term ending August 31, 2010. http:llmiweb0011AgendasCBluesheet.aspx?ItemIL}=2993&MeetingD-231 11291201 l~ '~ " M SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS ~~ U EXHIBIT caAao Aaplicants with ex~-erience in the professions required: Alejandro Borrero Project Director/Architecture Ronald Brito General Contractor-President Christina Morrison Pearce Self-employedlRealtor Bryce Newel] Real Estate Broker {currently serving an the Board of Adjustment} Jeffrey Silberstein Self-employed Architect Annette Smith Interior Design/President Aonlicants for At Lame Seat: Svetlana Bogdanovic Construction Supervisor Mary-Elizabeth Cahn Education {currently serving on the Neighborhood Advisory Council} Shannon Dawson Self-employed-Real Estate CansultantlBusiness t~wner {currently serving an the Code Enforcement Board} Alice Finst Master GardenerlRetired-Educator Ronald Furst Retail-Business Owner Jose Herrera Event Coordinator Loren Levinson Educator Robert Marks Chief Construction Inspector {currently serving an the Code Enforcement Board} Gail-Lee McDermott Educator {currently serving an the Neighborhood Advisory Council} Mel Pollack Security-Director {currently serving on the Board of Adjustment} 4 e SITE FLAN I~tEVIEW AND APPEARAt~TCE BOARD ~a2/so TERM EXPIRES REGULAR I~~IEMBERS OCCUPATIC}N 08 /31 /2010 Designex/Architect Unexp.AgPt 10103106 Shane Ail'l~S, Vice Chair Reappt o8119108 08/31/2010 Citizen-at-Large Vacant 08/31/2011 Architect appc osli9lo~ George Brewc~ 08131 /2010 Real Estate ~t i©nuo~ U~ ~,1ark Gregory Assoaate/Sign Reappt 08115/06 xc osn4los Contractor 08131 /2011 General Contractor ~t'~1°~ Scott Porker 08131 /2010 Builchng C)fficial ApPC os>> 9ios Jerome Sanzone Citizen-at-Large 08131 /2010 Landscape ~ osnRlos C~,ris Stray ~?schitecture & Designf Interior Deli Contact. Rebecca Truxell~ X-7040 S1City ClerklSoard l0/SPRAB U Page 1 of 1 t_ dy ME~C?RANDITl1~I TO: Mayor and City Commissioners FROM: .DATE: January 22, 2010 SUBJECT: AGENDA ITEM 10 A - REGULAR C()MMISSI(?N MEETING GF FEBRUARY 2 2010 QRDINANCE N0.04-10 ITEM BEFORE CC}MMISSII~N The City received a letter dated January 20, 2010 from Jason Mankoff of Michael Weiner & Associates requesting that the second reading of this ordinance be tabled from the February 2, 2010 City Commission meeting to the February 16, 2010 meeting. r~ L http:J/miweb001JAgendasJBluesheet.aspx?ItemID=297&Meeting1D=231 112912010 C MICHAEL WEINER & ASSOCIATES, P.A. ATTORNEYS AT I.AW 10 S.E. 1 ~' Avenue, Suite G Delray Beach, Florida 33444 Telephone:. (561)265-2666 Telecopier: (561) 272-6831 E-mail: imankoffa~zonelaw.com C, MICHAEL ~. WE~NER JASON S. MANKOFF January fi, 2010 Mr. Paul Darling Director of Planning and Zoning City of Delray Beach, 1001 NW 1St Avenue Delray Beach, Florida 33444 Ms. Cheveile Nubin City Clerk . City of Delray Beach 100 NW 1St Avenue Delray Beach, Florida 33444 Re. Midtown Delray Medical Building our File No.: CASDtlEI4 Dear Paul, Brian and Chevelle: KERRY D. SAFlER Yia Hand Relive Brian Shutt, Esquire City Attorney City of Delray Beach 200 NW 1St Avenue Delray Beach, Florida 33444 ~~~~;~~ On behalf of my client, 1 am respectfully requesting that the above referenced matter be tabled from both the SPRAB meeting of January 13, 2010 to the January 27, 2010 SPRAB meeting and that the Second Reading of the Modification of the Blood's Grove SAD be tabled from the January 19, 2010, City Commission meeting to the February 2, 2010 City Commission meeting. If it is necessary for the purpose of fulfilling notice requirements that these matters stay on the SP.RAB agenda of January 13, 2010 and the City Commission Agenda of January 19, 2010, please place them on those respective agendas and we will attend these meetings to request a tabling to the dates certain requested shave. Please be sure to do whatever the City must do in order to ftdfill the notice requirements. If additional mailing labels are needed, please let me know and they wi8 be provided to Ms. Jasmin Allen immediately. Of course, our client will pay for the cost of any additional notices_that.may be required as a result of such tablings. C?:1CASUQ04\Letter to florling.Shuri.Nubin re tabtirtg.,fan ~ 2009.doc . January ~i, 2090 Page 2 of 2 ~. Thank you very much for your assistance in this matter. Very truly yours, Jason S. Mankoff JSM:ek cc: Ms. Jasmin Allen (via hand delivery) Mr. David Cash Michael S. Weiner, Esquire Ms. Ashlee Vargo, r, u C3.tCASDOOdtt_etter to Rorling,Shutt.t~iubirt re tabl;ng.Jan 8 20g9.doc ti • MICHAEL WE1NEFi ~ ASSOCIATES, P,A. A1-ft}RNEYSAT LAW 10 S.E. 1 ~ Avenue, Suite C Delray Beach, Florida 33444 Telephone: (561 } 265-2666 Telecopier. (561 } 272-6831 E-mail: irnanltoffCci3zonelaw.com n MICHAEL S. WEINER JASQN S. MANK©FF January 20, 2010 Mr. Paul.Dorting Director of Planning and Zoning Gity of Delray Beach 100 NW 1St Avenue Delray Beach, Florida 33444 Ms. 'Chevelle Nubin City Clerk Gity of Delray Beach 100 PIW 1St Avenue Delray Beach, Florida 33444 Re: Mid#own Delray Medical Building flur File No.: CASDOt14 Dear Paul, Brian and Chevelle: ~~,_ ~~~ ~ ~ ~~~ ~~ KERRY D. SAFIER Yia Hand Qelivery Brian Shutt, Esquire Gity Attorney City of Delray Beach 200 NIW 1St Avenue Delray Beach, Florida 33444 t7n behalf of my client, 1 am respectFully requesting that the above referenced matter be tabled from both the SPRAB meeting of January 27, 2010 to the February 10, 2010 SPRAB meeting and that the Second Reading of the Modification of the Blood's Grove SAD be tabled from the February 2, 2010 City Commission meeting to the February 16, 2010 City Commission meeting. The purpose of this tabling request is to provide further information pertaining to the parking reduction as requested by the Planning and Zoning Director. if it is necessary for the purpose of fulfilling notice requirements that these matters stay on the SPRAB agenda of January 27, 2010 and the City Commission Agenda of February 2, 2010, please place them on those respective agendas and we will attend these meetings to request a tabling to the dates certain requested above. Please be sure to do whatever the City must do in order to fulfill the notice requirements. If additional mailing labels are needed, please let me know and they will be provided to Ms. Jasmin Allen immediately. C}f course, our client will pay far the cost of any additional notices that may be required as a result of such tablings. 0:1CASDQ04N.Correspondencetit.etter ttt borling.Shutt.#abin re tabiing..lan 2C} 2t}i 0,doc s, U n January 20, 2010 Page 2 of 2 Thank you very much far your assistance in this matter. Very truly yours, asan ~. Mankaff JSM:ek cc: Mr. David Cash Ms. Jasmin Allen (via hand delivery) Ms. Candi Jefferson (via hand delivery) Michael ~. Weiner,.Esquire Ms. AshEee Varga Page 1 of 1 /P U n TO: FROM: DATE: ME~tJRANDUI~~I Mayor and City Commissioners David T, Harden, City Manager January 25, 2414 SUBJECT; AGENDA ITEM 10.B. -REGULAR CQMMISSION MEETING OF FEBRUARY 2 20IC} ORDINANCE N0.06-10 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to amend Section 53.064, "Prevention of Accidental Discharges", by removing any reference to above ground storage tanks from this section. BACKGROUND At the first reading on January 19, 2414, the Commission passed Ordinance No. 46-14. RECOMMENDATION Recommend approval of Ordinance No. 06-14 on second and final reading. http:llmiweb0411AgendaslBluesheet,aspx?ItemID=2981 &MeetinglD=231 1129/2010 ORDINANCE N0.06-10 AN ORDINANCE OF THE CITY COMIVIISSION OF THE QTY OF DELRAY BEAQ-Ii FLORIDA, A11~ENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES BY AMENDING SECTION 53,064, "PREVENTION OF ACC~DENT'AL DIS+CE-IARGES", AND REN:JMBERING THE RERrIAINING P1~-ItAGRAPHS TO MAKE THIS SECTION CONSISTENT WITH OTHER ORDINANCE SECTIONS REG~-RDING ABOVE-GROUND STORAGE TANKS AND TO UPDATE REFERENCES TO OTHER REGULATORY SECTIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPE~~I~R CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach desires to modify tlvs section in order to n~~ke it consistent with other City or<~inanees regardingabove-ground storage tG~r~ks. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COR~IIv1ISSION OF THE CITY OF DELRAY BEACi-I< FLORIDA, AS FOLLOWS: Section 1. That Chapter 53, „S;artitazy Sewers", of the Code of Ordinances of the City of Delray Beach is amended by arr~ending Section 53.04, "Prevention of Accic~ntal Dischar~s", to read as follows: Sec, 53.064. PREVENTION OF ACCIDENTAL DISCHARGES, (A) Where determined by the Director, a user shall provide protection from accidental discharge of restricted and prohibited materials or other substances regulated by this Chapter, Facilities to prevent accidental discharge of prohibited and restricted materials shall be provided and maintained at the owner's expense. (B) Prevention of accidental discharges requires, but is not limited to, providing secondary containment for storage of potentially hazardous andlor regulated materials. The containment requirements are those now specified in, but not limited to, 40 CFR 264.170 through 176, City of Delray Beach Code of Ordinances X84} Sections 96.40 through 96.47, Article 14, Chapter B, Section 6, Subsection C of the Paim Beach County Unified Land Development Code. Containment requirements must also meet or exceed the following criteria of this subchapter: (1) ~Contai~ment Tfvlurrze.] Containment volume to be provided shall be one hundred fifty (150) percent of the total stared material. {~-} ~ Storage Sheltering. All outdoor storage shall be sheltered from rainfall, ar a suitable means of removing rainwater from secondary containment areas shall be provided. {4~} ,~ Conditions of the Stared iressel. Al] stored containers shall be maintained in sound condition. No rust, corrosion or other signs of deterioration of the primary containment wall sha]1 be permitted. A11 stared containers shall be closed and sealed during storage. (~-} ~ Segregation of Chemically Reactive Contents. Materials which are potentially reactive with each other shall not be stored in the same containment area, unless physical barrier separations are provided within the common area, {~ ~ Stand-by MaterialslE'quipment. Absorbents and pumps for pumping out spills shall be available when needed. {~} ~ Design of Containment Flaar/Base. The Haar or base of the containment area an which the stared vessels rest shall either be sloped or rased ar provided with a drain faucet to prevent or minimize contact between the storage container wall and spilled content. {-~} ~ .Materials of Construction far Containment. The walls, sidings and floor or base of the containment area shall be constructed of materials which are chemically inert with the stored materials and which render the provided containment volume leak proof. {C} On the request of the City, the user shall be required to submit detailed plans showing facilities and operating procedures to provide this protection. All required users shall complete this plan within ninety {90} days after notification by the City. If further required by the City, a user who commences contribution to the Public Sewers after the effective date of this Chapter shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of those plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements. {D} In the case of an accidental discharge, it is the responsibility of the user to immediately notify by telephone the Director, the Executive Director, and the City. The notification sha]I include location of discharge, type of material, concentration and volume, and corrective actions. Section 2. That should any section or provision of this ordinance or arty portion thereof, any paragraph, sentence, or v~c-rd be declared by a court of competent jut~sdiction to be invalid, s~~h decision sl~al not affect the validity of the rerx~aindes' hereof as a whole or part thereof other than the part declC~red to be invalid motion 3. That all ox~~inances ar parts of ortliJnances in conflict herewith be, and the same are hereby ri~aealed • _ olzD. zvo. c~-~o ti ~ k n Section 4. That this ard'ulance s~~all became effective urntiec~iately upon passage an second and final x~~ PASSED AND ADOPTED in r~~g;ular session an second and final reading an t]~.is the day of 2010. n ATTEST: City Clexk First Reading Second Reacting • MAYOR ORD. NO.06-10 Page 1 of l • ~EMORA.NI)LrM TO: Mayor and City Commissioners FROM..: R. Brian Shutt, City Attorney DATE: January 12, 2010 SUBJECT: AGENDA ITEM I2.A. -REGULAR COMMISSIC}N 11IEETIlVG OF JANUARY 19 2010 ORDINANCE NO.6-10 ITEM BEFQRE COMMISSION The item before the Commission is Ordinance 06-10 which amends Section 53.064 of the Code of Ordinances by removing redundant size limits on above ground storage tanks from this section, BACKGRQUND The Commission amended Section 96.46 of the Code of Ordinances in February 2009 to bring its requirements regarding above ground storage tanks up to date, Section 53.064(B) of the Code of Ordinances provides that Sections 96.40 - 96.4'7, along with Federal requirements, apply to Chapter 53. The language contained in Section 53.064{B)(2) is not needed in light of the previous changes made to Section 96.46, therefore, staff is seeking to delete it as it could be in conflict with the requirements set forth in Sec. 96.46. F:ECOMMENDATION Staff recommends approval of Ordinance 06-10. C7 http;1/miweb001 CAgendas/Bluesheet,aspx?ItemID=2945&MeetingID=230 1 /25/2010