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06-15-10 Regular MeetingCity of Delray Beach Regular Commission Meeting C/'\ ~. ,~ ;' RULES FOR PUBLIC PARTICIPATION Y. PUBLIC COMMENT: 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 Tuesda une 15 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 Charnbets A• Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be Heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment ar direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set far a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Fiease be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. . 100 NW 1st Avenue Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, Phone: {561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010, 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. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: A. Map 2S, 2010 ~- Regular Meeting B. June 1, 2010 - Regular Meeting 6. PROCLAMATIONS: A. Recognizing Juneteenth -June 19, 2010 B. Recognizing and commending John J. Walker C. National Clean Beaches Week _ Jule 1-7, 2010 7. PRESENTATIONS: A. None $. CONSENT AGENDA: City Manager Recommends Approval. A. RE UEST FOR SIDEWALK DEFER.R AT. 201 VENETIAN DRIVE: Approve a request to defer the instaIlation of a sidewalk along Venetian Drive for the property located at 201 Venetian Drive. B. ACCEPTANCE OF RIGHT-OF-WAY DEED 95 S.'W. 5TH AVENUE: Approve and accept aright-of--way deed at 95 S.W. 5th Avenue. C. SERVICE AUTHORIZATION NO. 07-04.1 KIMLEY-HORN AND ASSOCIATES INC. MARTIN LUTHER KING DRIVE BEAUTIFICATION PROJECT: Approve Service Authorization No. 07-04.1 in the amount of $5G,400.00 with I~irrxley-Horn and Associates, Inc. fox professional services in designing a reclaimed water transmission and distribution system for the Marlin Luther King Drive Beautification Project. Funding is available from 441-51$1-536-65.96 (Water and Sewer Fund/Other improvements/Reclaim Water Transmission). 06/15/2010 -2- D. SERVICE AUTHORIZATION NO. 07-1G MATHEWS CONSULTING INC./AUBURN_ AVENUE__~MPROVEMENTS: Approve Service Authorization No. 07-1G in the amount of $113,244.00 with Mathews Consulting, Inc. for the design of Auburn Avenue Improvements. Funding is available from 448-5461-538-68.65 (Storm Water Utility Fund: Other Improvement/Auburn Avenue Improvement) and 448-5461-538-99.01 {Storm Water Utility Fund: Other Non-Operating /Project Preserve). E. PROPERTY DAMAGE SETTLEMENT AND RELEASE FORM/CUSTARD INSURANCE ADJUSTERS: Authorize the City Manager to sign a Property Damage Settlement and Release Form from Custard Insurance Adjusters. F. RESOLUTION NO. 32-10: ABANDONMENT OF UTILITY EASEMENT: Approve Resolution No. 32-10 abandoning a 10' X 51.3' wide general utility easement for the property located in the front of the Grove Car Wash site at 2210 North Federal Highway. G. PROPOSED EXPANSION OF THE PINEAPPLE GROVE MAIN STREET NEIGHBORHOOD PLAN: Consider approval to add a proposed expansion area to the Pineapple Grove Main Street Neighborhood Plan. H. AFTERSCHOOL,„„ .,.,,,,PROGRAM SERVICE AGREEMENT/FAMILY CENTRAL, INC.: Approve an Afterschool Program Service Agreement between the City and Family Central, Inc., to continue reimbursable funding through the Continue to Care-Afterschool Scholarship program for the Afterschool Program located at Pompey Park and the Community Center. I. SCHOOL READINESS CHILD CARE SERVICE AGREEMENT/FAMILY CENTRAL, INC.: Approve a School Readiness Child Care Service Agreement between the City and Family Central, Inc., to provide subsidized child care funding for the Afterschool Program. J. GRANT APPLICATION: FLORIDA DEPARTMENT OF TRANSPORTATION fFDOT)/COMPRESSED NATURAL GAS TROLLEYS: Authorize staff to submit a grant application through the Florida Department of Transportation for the purchase of Trolley Style vehicles and the construction of a CNG {Compressed Natural Gas) fueling station in accordance with the Federal Government's State of Good Repair Bus and Bus Facilities Initiative. K. HOUSING REHABILITATION GRANT CONTRACT AWARD: Approve one {1) Housing Rehabilitation Giant contract award through the Community Development Division in the amount of $25,036.20 to Gadsden Property Investment, Inc., the lowest responsive bidder, for the property located at 607 S.W. 6th Street. Funding is available from 118-1960-554-49.19 (Neighborhood Services: Other Current Charges-Housing Rehabilitation.). 06/15/2010 -3- L. HOME INSPECTION PROFESSIONAL SERVICES VENDOR: NEIGHBORHOOD STABILIZATION PROGRAM SP :Approve the vendor far Home Inspection Professional Services required to carry out activities under the Neighborhood Stabilization Pragram (NSP) contingent on the list being approved by the Florida Department of Community Affairs. Funding is available from 118-1935- 554-34.90 (Neighborhood Services/Other Contractual Services). M. GRANT APPLICATIONJEIIWARD BYRNE MEMORIAL ,JUSTICE ASSISTANCE GRANT (TAGS Authorize staff to submit an application for funding in the amount of $66,560.00 through the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant QAG) program which will support the Holiday Robbery Task Farce, which reduces crime during the Holiday season. N. LETTER OF SUPPORT/JUSTICE ASSISTANCE GRANT (JAG) FUND: Authorize the Mayor to sign a letter in support of funding allocations for Countywide Justice Assistance Grant funds QAG} for FY 2010. O. SPECIAL EVENT REQUESTS /ART AND TAZZ ON THE AVENUE: Approve special event requests to endorse Art and Jazz on the Avenue to be held on June 24, 2010 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) £or the closure of Atlantic Avenue from Swinton to the west side of N.E./S.E. 7th Avenue, Railroad Avenue from Atlantic north to the north side of the east/west alley, and to the alleys north and south of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, and N.E./S.E. 4th; to authorize staff support for security, traffic control, banner hanging and removal, barricade set up and removal, trash rezzaoval and clean up and EMS assistance, with payment of costs to the City per the agreement between the City and the Downtown Marketing Cooperative. P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 1, 2010 through June 11, 2010. Q. AWARD OF BIDS AND CONTRACTS: 1. Bid award in the estimated annual amount of $22,300.00 to Farmer & Irwin Corporation, the lowest responsive bidder for the annual contract fox plumbing services and repairs for City buildings. Funding is available from various departments' operating budgets. 2. Contract award to Budget Gate Systems in the amount of $22,406.00 for fencing the north peritneter of the Environmental Services Department Compound. Funding is available from 442-5178-536-46.90 (Water & Sewer Renewal & Replacement Fund: Repair & Maintenance Service/Other Repair/Maintenance Cost}. 06/15/2010 -4- 3. Purchase award to Dell Computer Corporation in the amount of $285,482.32 . for eight (8} servers, VMware license and related equipment to provide redundant server systems for the SunGard Public Software per State o£ Florida Contract #250w000-09-1. Funding is available is from 334-2111-521- G4.11 (General Construction Fund: Machinery/Equipment/Computer Equipment}. REGULAR AGENDA: A. RE VEST FOR IN-LIEU PARKING SPACES LEMONGRASS RESTAURANT: Consider a :request from Lemangrass Restaurant for the purchase of three (3} in-lieu parking spaces in the amount of $46,SOOAO. Lemongrass Restaurant is located at 420 East Atlantic Avenue. (Quasi Judielal Hearing) B. MODIFICATION OF A TEMPORARY USE PERMIT VILLAGE ARTS MART: Consider approval for a modification of the temporary use permit for an Arts Mart at 113 & 115 N.E. 4th Avenue. (Quasi Judicr`al Hearing) C. LICENSE AGREEMENT COMMUNITY REDEVELOPMENT AGENCY ICRA~ Consider approval of a License Agreement with the Community Redevelopment Agency for the rental of office space in City Hall. D. SETTLEMENT OFFER• BOWLING GREEN INC. OF PENSACOLA v. CITY OF DELRAY BEACH: Consider an Offer from Bowling Green, Inc. of Pensacola to settle their complaint filed with the Department of Housing and Urban Development against the City of Delray Beach. E. CONTRACT AWARD/SUNGARD PUBLIC SECTOR,.INC.: Consider approval of a contract award to SunGard Public Sector, Inc. for a Public Safety Software System (RFP No. 2010-05) and approval to pre-pay the SunGard HTE maintenance payment for the period of 10/1/2010 to 9/30/2011. F. OUESTIONAIRE FOR ADVISORY BOARD APPLICANTS: Provide direction regarding a questionaire for prospective advisory board members. G. DESIGNATION OF VOTING DELEGATE: Designate the City's voting delegate to the Florida League of Cities' 84th Annual Conference to be held at Westin Diplomat Resort in Hollywood, Florida on August 19-21, 2010. 10. PUBLIC HEARINGS: A. ORDINANCE NO. 10-10 SECOND READING SECOND PUBLIC HEARING): Providing for the acceptance of the resurvey report of the Old School Square Historic District including extending the Period of Significance to 19G5 and reclassifying 13 properties from non-contributing to contributing. 06/15/2010 -5- B. ORDINANCE NO. 13-10: Consider a city initiated amendment to the Land Development Regulations (LDR) Section 4.3.3, "Special Requirements for Specific Uses", by amending Subsection (LI,T I.}, "Medical Offices", to provide far clarification regarding the applicability of certain State Statutes. C. ORDINANCE NO. 14-10: Consider approval of Ordinance No. 14-10 amending Section 110.15, "Local Business Tax Schedule", of the City Code of Ordinances in order to provide for an increase in rates. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. None 13. COMMENTS AND INQUIRIES ONNON-AGENDA ITEMS. A. City Manager B. City Attoxney C. City Commission POSTED: JUNE 1'I, 20'10 o~/15/2010 -G- ~~~Zp_~~ ~~'~~' J ~~ ~~ ~.~~ : ~ 4~~a~~4 1J ~ ~~ f ~~ ?_~ ~~ ~ ~~ ~.~ ~~~ ~~ ..~. ,y,,, ~ y` ~~~ ~~~ ~ ~ Q~ ~ ~ /,~(//~,~~~~3 /} ~ V a ~~ ~ ~.- ~~ ~ ~~ ~~~ ~ ,~~-P ~ ~ ~~~ ~, ~~ ~ ~ ~ d y 4~~ v ~` G ~ ~~ ~~~~ 3 ~~~~ ~J~ I~ L p (l ~ J D ~ ~ r'te' ~.,....P ~ r. ./,.T....Z~.N ~ ~,~, A r,,.e ,~~ yu~, ,.~/ ~l ~ ,~ .,f ~P.,,~ ~-7 a^-y, ~„~.~ r~s..,~, ~uA„ 7 „~ ,r z~~~ ti~ce~y e-~ ~ ~ . l/ ~ , ,u~Py y ~_, G~~ ~a ~ ~ # a~~ ~6tiq ~ 33y~~ ~G. June I5, 241 D MAYOR McDUFFIE: Pastor Bernard King, Sr. with Corner Stone Bible Fellowship will give the Invocation this evening. PROCLAMATIONS: Item G.A. -Barbara Haider, CEO/Founder of One Love -One Community Foundation, will be present to accept this proclamation. Item G.B. -Helen Walker will be present to accept this proclamation. Item G.C. -Alberta Gaum will be present to accept this proclamation, REGULAR AGENDA: Item 9.H. -Item 9.H., Resolution No. 33-lO/Mid Year Bud et Amendment was added to the Regular Agenda by addendum. MAY 25, 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 Commission Chambers at City Hall at 6:00 p.m., Tuesday, May 25, 2010. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuflye Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Dr. William "Bill" Quick with Delray Beach Clergy Association. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Frankel moved to apprave the Agenda, seconded by Mrs. Gray. Upon roll 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. 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Regular Meeting of May 11, 2010, seconded by Mr. Frankel. Upon roll call the Commission voted as foILows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -- Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to approve the Minutes of the Workshop Meeting of May 18, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; 1Vlr. Fetzer - Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 05/25/10 6. PROCLAMATIONS: 6.A. Reco~n:izin~ and commending Gables Residential Mayor McDuffie read and presented a proclamation hereby acknowledging Gables Residential and call upon the entire community to acknowledge and applaud Gables Residential for their commitment to give back to local communities. Jaci Jasnosh, Assistant Charity Board Chairperson, came forward to accept the proclamation. 6.B. National Missing Children's Day - May 2S, 2010 Mayor McDuffie noted a proclamation hereby proclaiming May 25, 2010 as National Missing Children's Day in Delray Beach will be mailed and gave the proclamation to the City Clerk. 6.C. B~rildin~ Safety_Month -May 2010 Mayor McDuftie read and presented a proclamation hereby proclaiming the month of May as Building Safety Month. On behalf of Chief Building Official George Diaz, Lula Butler, Director of Community Improvement, came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 27-10: Approve Resolution No. 27-10 recognizing and commending William C. Smith for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 27-10 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING WILLIAM C. SMITH FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The offcial copy of Resolution No. 27-10 is on file in the City Clerk's Mayor McDuffe read Resolution No. 27-10. Police Chief Anthony Strianese recognized and presented William C. Smith with Resolution No. 27-10. 2 05/25/10 Mr. Fetzer moved to approve Resolution No. 27-10, seconded by Mr. Eliopoulos. 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 0 vote. 7,B. Special recognition to Bob Currie for his assistance with the Beach Master Plan Alberta Gaum-Rickard, Proiect Coordinator/Parks & Recreations recognized Bob Currie who volunteered many hours to the development of the Beach Master Plan. Mayor McDuffie read and presented a Certificate of Appreciation to Bob Currie and Currie Sowards Aguila Architects in recognition of their generous contributions and volunteer service donated to the Beach Area Master Plan. Bob Currie Architect with Currie Sowards A uila Architects came forward to accept the proclamation and thanked the City Commission for this recognition. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 20-10 TAX EXEMPTION RE UEST FOR ELIGIBLE IMPROVEMENTSI)1026 NASSAU STREET): Approve a tax exemption request for eligible improvements to the property located at 1026 Nassau Street within the Nassau Park Historic District; and approve Resolution No. 20-10. The caption of Resolution No. 20-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO JENNIFER G LEE FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 1026 NASSAU STREET, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR} SECTION 4.5.1(M){5); PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 20-10 is on file in the City Clerk's off ce.} 8.B. RESOLUTION NO. 21-10 TAX EXEMPTION RE UEST FOR ELIGIBLE IMPROVEMENTS1708 S.E. 3" STREET): Approve a tax exemption request for eligible improvements to the property located at 708 S.E. 3rd Street within the Marina Historic District; and approve Resolution No. 21-10. Os12sn0 The caption of Resolution No. 21-10 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO MALONE SCHOOLER FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 708 SE 3~° STREET, AS FURTHER DESCRIBED HEREIN; DETERMINll`1G THAT THE COMPLETED IlVIPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR} SECTION 4.5.1(M)(S); PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 21-IO is on fle in the City Clerk's 8.C. ACCEPTANCE OF A RIGHT-OF-WAY DEED/TZIKAS MEDICAL CENTER: Approve and accept aright-of--way deed for Tzikas Medical Center located at 526 S.E. 5a` Avenue. 8.D. HOLD HARMLESS AGREEMENT/ROB PICKER: Approve a Hold Harmless Agreement with Rob Ficker for the installation of a butterfly garden in the retention pond located at the southwest corner of S.W. 4~~' Avenue and S.W. l ~t Street. 8.E. CONTRACT ADDITION fC.O. NO. 9~/WEST CONSTRUCTION, INC.IROBERT P. MILLER PARK: Approve Contract Addition (C.O. No. 9} in the amount of $20,591.65 to West Construction, Inc., for additional work to include: the installation of additional fencing, fire rated door and frame, ADA compliant electronic switch, additional signage, and a Miracle League dedication plaque for the Robert P. Miller Park. Funding is available in the Contractor's Video, Utility and Unforeseen Conditions Allowance. S.F. SERVICE AUTHORIZATION NO. 07-02/WANTMAN GROUP INC.IS.W. 2° STREET BEAUTIFICATION: Approve Service Authorization No. 07-02 in the amount of $149,9&0.00 with Wantman Group, Inc. for the design of the S. W . 2"d Street Beautification Project. Funding is available from 334-3162-541-65.95 (General Construction Fund: Capital Outlay/S.W. 2nd Street Beautification) and 448-5461-538- 6S.9S (Storm Water Utility Fund: Other ImprovementslS.W. 2nd Street Beautification). S.G. DISASTER RECOVERY INITIATNE AGREEMENT: PALM BEACH COUNTY: Approve an amended agreement between the City and Palm Beach County for the Disaster Recovery Initiative (DRI) Program, extending the deadline to September 16, 2010 for completion of twenty-four (24) housing rehabilitation projects for income-eligible residents who suffered damages from Hurricane Wilma. 4 05/25/10 8.H. HOLD HARMLESS AGREEMENT/DELRAY BEACH FIREFIGHTERS AND PARAMEDICS BENEVOLENT FUND: Approve and authorize a Hold Harmless Agreement with the Delray Beach Professional Firefighters and Paramedics Benevolent Fund, Inc. to allow storage of a 1938 antique fire truck owned by the Fund at Fire Station No. 4. B.I. BULLETPROOF VEST GRANT/DEPARTMENT OF JUSTICE: Authorize staff to submit an application to the Department of Justice for funding in the amount of $9,290.00 far 12 vests from the Bulletproof Vest Program. If awarded, the program would provide 50% or $4,645.00 of the cost with the remaining balance to come from 001-2115-521-52.27 (General Fund: Operating SupplieslEquipment < $1,000). B.J. AMENDMENT TO LEASE AGREEMENT WITH PALM BEACH COUNTY FOR CATHERINE STRONG PARK HEAD START FACILITY: Authorize staff to negotiate an amendment to the Lease Agreement between the City and Palm Beach County to extend the lease by four {4) years and provide for four {4) one (1) year extensions for the Head Start Facility located on a portion of Catherine Strong Park. B.K. PAUL CONSULTING, INC./MUNICIPAL ______ CODE CORPORTATION AND NOVUSOLUTIONS CONSENT TO ASSIGNMENT: Approve the Consent to Assignment between Paul Consulting, Inc., Municipal Code Corporation and NovuSolutions regarding the technical support for MuniAgenda. 8.L. GRANT APPLICATION/FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMAI/ASSISTANCE TO FIREFIGHTERS_ GRANT ... AFG : Provide authorization for submission of a grant application to the Federal Emergency Management Agency (FEMA) in the amount of $131,108.00 to purchase Kubota Special Events Response Vehicles (BERN), EKGldefibrillators, stretchers, and Zoll Autopulses. 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 10, 2010 through May 21, 2010. 8.N. AWARD OF BIDS AND CONTRACTS: 1. Contract renewals for multiple storm debris removal vendors for a term of two (2} years for storm debris removal vendors Bamaco, Inc., CERES, D & J Enterprises, Inc. and Storm Reconstruction Services, Inc. 2. Purchase award in the amount of $19,836.99 to Kruger InternationallPatterson Pope for two (2) Spacesaver records storage systems for the Police Department. Funding is available from 001-2111-521-64.12 (General Fund: Machinery/Equipment/Office Equipment}. 5 05/25/10 Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffe -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA; 9.A. WAIVER REQUESTIll64 NASSAU STREET: Consider a waiver request to Land Development Regulations (LDR} Section 4.5.1(E}(3)(a)l.c., "Fences and Walls", to allow for a fence measuring approximately 5'7" in height proposed within the side street setback located within a historic district for 1160 Nassau Street. (Quasi- Tudicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item and all subsequent Quasi-Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on Item 9.A. ar~d Item 9.5. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, A1CP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-105 into the record. Mr. Dorling stated the site is located on Nassau Street just east of A-1-A and south of Atlantic Avenue. The request is a waiver to LDR Section 4.5.1{E)(3}(a)(1)(c), Fences and Walls, and that requirement prohibits walls over four feet in the front or side street setbacks. Mr. Dorling stated this project is seeking relief to that. He stated the fence measures 5' 7" in height. At its meeting of May I9, 2010, the Historic Preservation Board (HPB} considered a Certificate of Appropriateness (COA) and the waiver request and recommended approval of this request. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There was no rebuttal or cross-examination. The City Attorney briefly reviewed the Board Order with the Commission who made findings of according to their consensus {attached hereto is a copy and made an official part of the minutes}. Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. b 05125/ 10 Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.B. WAIVER REQUESTS/CHASE BANK: Consider five (5} waive requests to Land Development Regulations (LDR) Section 4.4.13(F){4)(b) and {c), "Front Setbacks", Section 4.6.14(A}(2), "Sight and Visibility", and Section 4.6.18{B)(14){iv){2), "Buildings within the Downtown Area", for Chase Bank located at the northwest corner of N.E. 6th Avenue and N.E. 7th Street. (Quasi-Judicial Hearing) Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Darling, A1CP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-106 into the record. Mr. Dorling stated this is a waiver request for five specific waivers associated with Chase Bank which will be located at the northwest corner of N.E. 6th Avenue and N.E. 7th Street. He stated the first two waivers relate to LDR design requirements and a portion of the building along N.E. 6th Avenue needs to be at a maximum of a ten foot setback and then the balance of the building needs to be greater than 15 feet (Waiver #1). Mr. Dorling stated waiver #2 also requires a maximum setback of ten feet along 7th Avenue. He stated there is a requirement that a portion of the building be setback no greater than ten feet and noted there is a water main and a utility line that requires the building to be set back a greater distance {18 feet). Mr. Dorling stated the LDRs also require that the building be pushed to the corner (a maximum of ten feet for a portion of that building}. Mr. Darling stated there is also a waiver to the site visibility triangle. He stated there is 40 foot requirement per LDRs and the applicant has requested 32 feet. Mr. Dorling stated the last waiver relates to a requirement that the facades along each of these streets have a minimum amount of window space. At its meeting of May 12, 2010, the Site Plan Review and Appearance Board {SPRAB) recommended approval of all waivers. Staff recommends approval of all five waivers. Mark Rickards, Bohlen En~ineerin~, LLC, sneaking on behalf of the owner as well as the applicant Chase Sank, stated the Site Plan Review and Appearance Board {SPRAB) has approved a site plan and landscape plan along with recommending approval on the waivers. Mr. Rickards stated Planning and Zoning Board has already recommended approval of the waivers and he briefly reviewed the five waivers. Mayor McDuffie stated if anyone from the public would like to speak in favor or in apposition of the waiver request, to please come forward at this time. There being no one who wished to address the Commission regarding the waiver requests, the public hearing was closed. 7 05/25/10 There was no rebuttal or cross-examination. The City Attorney briefly reviewed the Board Order with the Commission who made findings of according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call 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 0 vote. 9.C. SETTLEMENT AGREEMENT: D & J ENTERPRISES INC. v. CITY OF DELRAY BEACH: Consider approval of a Settlement Agreement between the City and D & J Enterprises, Inc. due to an overpayment in the amount of $494,990.75 to the contractor for the removal of disaster debris. Brian Shutt, City Attorney, stated this is a settlement agreement between the City of Delray Beach and D&J Enterprises, Inc. and D&J Enterprises, Inc. was the City's debris removal contractor and during Hurricane Frances (September 2004) they removed debris. Mr. Shutt stated while the City was closing out that case the City noticed that there had been an overpayment to D&J that had been confirmed by FEMA audit as well. Mr. Shutt stated the City of Delray Beach repaid the State of Florida for the overpayment. He stated the City of Delray Beach filed suit against D&J and they have agreed to this settlement agreement. Mr. Shutt stated once the City of Delray Beach executes the agreement, D&J Enterprises, Inc. will pay the City $100,000.00 and then they will pay the remaining amount over a period of five years. Staff recommends approval of the settlement agreement. Mr. Frankel moved to approve the Settlement Agreement between the City of Delray Beach and D&J Enterprises, Inc., seconded by Mrs. Gray. 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. 9.D. MEDIATED SETTLEMENT AGREEMENT IN MICHAEL & AIMEE KELLEY v. CITY OF DELRAY BEACH: Consider a mediated Settlement Agreement in the amount of $29,450.00 in Kelley v. City of Delray Beach. Staff recommends acceptance of this offer subject to the receipt of the appropriate releases. Brian Shutt, City Attorney, stated this case arose involving a Delray Beach Police Officer and a Boynton Beach Police Officer. Mr. Shutt stated the Delray Beach Police Officer hit a Boynton Beach Police Officer while they were trying to apprehend a suspect. Mr. Shutt stated the Boynton Beach Police Officer sustained medical injuries and his medical bills total $19,348.00 to date. Mr. Shutt stated the City had mediation in this case last Friday and at this time recommends that the City settle this case in the amount of $29,450.00. The City Adjuster (third party) also concurs in this settlement contingent upon receiving the appropriate releases in this case. Os~zs~la Mr. Eliopoulos moved to approve the Settlement Agreement in Kelley v. the City of Delray Beach in the amount of $29,450.00, seconded by Mrs. Gray. Upon tall call the Con~nnission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a S to 0 vote. 9.E. AUDIT ENGAGEMENT LETTERICALER DONTEN. LEVINE PORTER AND VEIL, P.A.: Consider approval to engage Caler, Donten, Levine, Porter & Veil, P.A. as the City's auditors for an additional three (3) year period. Funding will be provided from various departmental budgets. The City Manager stated this is a letter from the City's auditors where they are asking to be engaged for an additional three year period. The City Manager noted a correction to his cover memo and stated they were first engaged in 2004 not 2007 so they have had one renewal. He stated the engagement letter currently provides for renewal at the City's option and they are offering to renew without any increase in price over the next three years. Staff feels that they have done a good job and recommend renewal. Mrs. Gray moved to approve to engage Caler, Donten, Levine, Porter & Veil, P.A. as the City's auditors for an additional three year period, seconded by Mr. Frankel. 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. 9.F. APPOINTMENT TO THE FINANCL~iL REVIEW BOARD: Appoint one {1) alternate member to the Financial Review Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1}. Mr. Eliopoulos moved to appoint Hansford Higginbotham as an alternate member to the Financial Review Board to serve an unexpired term ending July 31, 2011, seconded by Mr. Frankel. Upon roll 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. 9.G. APPOINTMENTS TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one (1} regular member to serve an unexpired term ending January 29, 2014, and one regular member to serve member to serve a four {4) year term ending June 30, 2014 an the Public Employees Relations Commission. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5} and Commissioner Eliopoulos (Seat #1}. Mayor McDuffie stated he wished to reappoint David Haycock as a regular member to the Public Employees Relations Commission to serve an unexpired term ending January 29, 2014. Mr. Eliopoulos so moved, seconded by Mr. Frankel. 9 OS/25/10 Upon roll call 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 0 vote. Mr. Eliopoulos moved to appoint Paula Aridas as a regular member to the Public Employees Relations Commission to serve a four year term ending June 30, 2014, seconded by Mr. Frankel. 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. 9.H. APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1}regular member to serve a two (2) year term ending June 30, 2012 an the Police & Firefighters Retirement System Board of Trustees. Based upon the rotation system, the appointment will be made by Commissioner Gray {Seat #4). Mrs. Gray moved to reappoint Adam Frankel as a regular member to the Police & Firef ghters Retirement System Board of Trustees, seconded by Mr. Eliopoulos. 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 0 vote. 9.I. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one {1) alternate member to serve an unexpired term ending August 31, 2011 on the Board of Adjustment. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). Mrs. Gray moved to appoint Isabelle Alarie as an alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuff3e -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:42 p.m., the Commission moved to Item 11, Comments and Inyniries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inguiries. The City Manager had no response to prior public comments and inquiries. 11.B. From the Public. I1.B.1. Dr. Victor Kirson, 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444. (President of the Board of Directors at Tierra Verde at Delray Beach), stated the residents want to see no increase of taxes this year. Dr. Kirson stated the employees la 05/25/10 of the City of Delray Beach would like to see a contract and a pay raise (i.e. Police & Fire and non-union employees). He suggested that the Chamber and its members and those who are not part of the Chamber but profit from all the activities the City sponsors, that the City take aver the expenses of sponsoring these activities from Police,.. Fire, Sanitation, set-up, break down. Dr. Kirson stated the Community Redevelopment Agency (CRA} helped the City with the Library and Old School Square. He stated they are in the CRA District and he would like to see the CRA take over their bills completely. Dr. Kirson stated the taxpayers gave the City their tax dollars to hold in the reserves and suggested that the bulk of the money be taken out of the reserves to cover everything. 11.B.2. Pauline Moody, 609 S.W. 8'~ Avenue, Delray Beach, FL 33444, stated two weeks ago she reported that someone ran into the cemetery gate and it is still down. Secondly, Ms. Moody stated every year the City is going to raise taxes and she does not feel that taxes are the problem. She stated there are some employees who are employed with the City who should have never been employed as long as they have been. Ms. Moody stated there are some people who work hard and are trying to make Delray right but are getting nowhere. She urged the City Commission to look into revamping Delray Beach with a whole new Police Department. Lastly, Ms. Moody commented about the site that was toxic between S,W. 8th Avenue and S.W. 7fh Avenue and asked if the City received the report regarding the land. 11.B.3. Christina Morrison Pearce, representing the Business. Forum, stated about a week ago she sent the City a copy of a resolution that the Business Forum signed concerning the one cent hire Surtax. She stated the Business Forum is opposing it and four cities (Town of Palm Beach, Tequesta, Palm Beach Shores, North Palm Beach, the PGA Carter Association, Palm Beach Civic Association, Palms West Chamber, Wellington Chamber, and Hotel Association}. Ms. Pearce stated as like Delray Beach, West Palm Beach has not voted on it yet. Ms. Pearce stated the reason they are opposed to it is because it is-not the time for new taxes because a segment of the population is still struggling with record high unemployment, trillions lost in investment income over the past 24 months, investment income at historic lows, and businesses and retirees on fixed income are still suffering. She stated the way the fire surtax is proposed is that it would be permanent and it would not be sunset and it has no limit or cap. Therefore, Ms. Pearce stated if the economy comes back strong and sales tax goes up there is no cap on how much the fire surtax would gather. She stated it is based on the past five years of spending and Delray Beach has been very prudent in their spending. Ms. Pearce stated it appears the City of Delray Beach would lose in the proposal the way it is written. She stated they are afraid and feel that this could lead to a Sheriff's surtax, a highway surtax, etc. and the residents would pay most of the tax. Ms. Pearce stated the way the surtax was presented the tourists were supposed to pay mast of this tax but they analyzed with the Department of Revenue and most of the sales taxes are paid by residents who live here. Ms. Pearce stated they seek to join with the Business Forum to join with the other cities that are opposing this sales tax. She stated they love the firefighters; however, they 11 05125/l 0 do not feel this tax would be fair to prudent cities like Delray Beach. 11.B.4. Alice Finst 707 Place Tavant Delra Beach FL 33445 member of the School Advisory Council (SAC) of Atlantic High School, read a letter of appreciation from Dr. Kathleen Weigel into the record regarding Commissioner Gray's donation of $500.00 toward a classroom library for the Knights of Pythagoras students. 11.B.5. John Bennett, 137 Seabreeze Avenue, Delray Beach, FL 33483, invited the Commission to attend the Memorial Day festivities held on Saturday, May 29, 2010 at 9:30 a.m. at the cemetery, for the American Legion Past, and at 11:00 a.m. at Veterans Park at the VFW Post. Mr. Bennett recognized Delray's fallen soldiers: Marvin W. Milton, Loney Myers, Harry Fish, Harry Oller, George H. Reiley, Howell Jones, Ben F. McIntosh, Bradley O'Neal, Benjamin F. Jettan, Shelton Lamb, Jr., Logan McNeal, Alfred F. Priest, Charles L. Vreeland, John Jupinko, and Arthur R. Sprott, Jr. Mr. Bennett stated these men were all from Delray Beach and went off to fight in the war and never returned home and their sacrifice should not be forgotten. At this point, the time being 6:57 p.m. the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 13-10: Consider a city initiated amendment to the Land Development Regulations {CDR} Section 4.3.3, "Special Requirements for Specific Uses", by amending Subsection (CELL}, "Medical Offices", to provide for clarifcation regarding the applicability of certain State Statutes. If passed, a public hearing will be held on Tune 15, 2010. The caption of Ordinance No. 13-10 is as follows: AN ORDINANCE OF THE CITY COMMISSIDN OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY AMENDING SUBSECTION (CELL}, "MEDICAL OFFICES", TO PROVIDE FOR CLARIFICATION REGARDING THE APPLICABILITY OF CERTAIN.. STATE STATUTES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The offcial copy of Ordinance No. 13-10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. 12 05/25/10 Paul Darling, AICP, Director of Planning and Zoning, stated on October 20, 2009, the City Commission enacted Ordinance No. 50-09 which introduced regulatians for medical offices and prohibited the onsite dispensing of controlled substances at medical offices. Mr. Dorling stated this ordinance expands that applicability to include professional and business offices. This is to eliminate the potential for uses that may dispense controlled substances and establish under a professional or business office category and then assert that the ordinance does not apply to them because they are not a medical office. Therefore, Mr. Dorling stated this would make it clear that it would apply across the board. At its meeting of May 17, 2010, the Planning and Zoning Board reviewed the text amendment and recommended approval with a 6 to 0 vote. Mr. Frankel moved to approve Ordinance No. 13-10 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follaws: Mr. Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLiC HEARINGS: 10.A. RESOLUTION NO. 23-101TRANSFER OF CARVER SQUARE POCKET PARK AND PINEAPPLE GROVE PARKING LOT AND CONTRACT FOR SALE AND PURCHASE: COMMUNITY REDEVELOPMENT AGENCY: Consider approval of Resolution No. 23-10 which adopts and includes the Contract for Sale and Purchase between the City and the Community Redevelopment Agency (CRA} for transfer to the City of Carver Square Pocket Park located at 241 S.W. 7th Avenue and Pineapple Grove Parking Lot located at 353 N.E. 3rd Avenue in the amount of $10.00: The caption of Resolution No. 23-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO ACQUIRE CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE FROM THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, SELLER, AND THE CITY OF DELRAY BEACH, FLORIDA. 13 05/25/10 office.) (The official copy of Resolution No. 23-10 is on file in the City Clerk's The City Attorney read the caption of the resolution. 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. Brian Shutt, City Attorney, stated the Community Redevelopment Agency (CRA) is transferring Carver Square Pocket Park as well as a parking lot in Pineapple Grove located at 353 N.E. 3`d Avenue to the City. Mr. Shutt stated these areas are completed and once the property has been transferred to the City, he would also request that the Commission adopt the Interlocal Agreement that is a sub-item to this agenda item which would provide that the City would take over the maintenance of those areas. Mayor McDuffie declared the public hearing open. Pauline Mood 609 S.W. 8t~ Avenue Delra Beach FZ 33444 asked why the Community Redevelopment Agency (CRA) is selling these two parks back to the City so that the City can maintain it. Christina Morrison Pearce, 2000 South Ocean Boulevard #307, ... Delray Beach,. FL 33483, stated these parks are in the CRA area and she is not sure why they want to transfer them park to the City so the City would have to carry the expenses forward. Ms. Pearce inquired as to why the City wants to take on more parks when they are within the CRA district. Jeff Costello, Assistant Director of the CRA, stated the City is able to maintain these properties better and a lot more efficiently than the CRA. Mr. Costello stated this is a public park and these pocket parks are public parks and are public parking lots. Brief discussion followed about the transaction amount of $10.00 on the deed in order to record it. There being no one else from the public who wished to address the City Commission regarding Resolution No. 23-10, the public hearing was closed. Mr. Eliopaulos moved to approve Resolution No. 23-10, seconded by Mr. Frankel. Upon roll call 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 0 vote. 10.A.1. INTERLOCAL AGREEMENTICOMMUNITY REDEVELOPMENT AGENCY (CRA): Consider approval of an Interlocal Agreement with the Community Redevelopment Agency (CRA) regarding transfer of Carver Square Pocket Park and the Pineapple Grove Parking Lot to the City; contingent upon approval of Resolution 23-10 14 OS/25110 and the Contract for Sale and Purchase. Mr. Frankel moved to approve the Interlocal Agreement with the Community Redevelopment Agency {CRA}, seconded by Mrs. Gray. 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. At this point, the time being 7:17 p.m., the Commission moved to Item 13, Comments and Inquiries an Non-Agenda Items. 13. COMMENTS AND IN UIRIES ON NON-AGENDA ITEMS. 13.A. Ci Mana er The City Manager stated at the last meeting Commissioner Gray shared concerns from the neighborhood around the Caring Kitchen. He stated the City awns the land and the American Legion Past owns the building and the American Legion Post leases the building to Cross Ministries of the Caring Kitchen project. The contact person for the American Legion is Larry Strainge. The City Manager stated from time-to-time the City receives some complaints about the Caring Kitchen usually in reference to clients taking meals offsite and discarding containers on other people's property. He stated Cade Enforcement inspected the property today at 1:30 p.m. and found it to be free of trash. The Caring Kitchen has more than adequate trash containers and has on-site volunteers picking up any loose discarded trash and staff will monitor the area over the next couple of weeks and report any activity that may require enforcement. The Problem Oriented Policing {POP} Unit also addresses complaints regarding this location from time-to-time. The City Manager stated an analysis of the neighborhood survey conducted by the POP Unit indicated that it was one of the concerns of the neighborhood residents and homeowners associations in the area. He stated the complaints pertained to foot and vehicular traffic because of vagrants and illegal parking. The City Manager stated the Caring Kitchen is designed for assisting the homeless and the hungry and its clientele are one of the main things that people complain about. The City Manager stated the Problem Oriented Policing Unit has met with the staff and the related concerns from the surrounding neighbors and asked for their assistance with these Units. The POP Units start of shift time coincides with the lunch hour so they conduct the pre-shift briefings in the parking lot to give a visible presence in the area, as well as provide high profile patrols during the remainder of their shift. The City Manager stated they have been enforcing the parking laws and as a result have seen a substantial drop in the amount of vehicles parking illegally. In addition, they have conducted field interview reports with some patrons whenever it was deemed appropriate. The City Manager stated Sergeant Weatherspoan has also invited the managers of the Caring Kitchen to speak at some of the Homeowners' Association {HOA) meetings in an effort to facilitate a partnership between the Caring Kitchen and the community. The Police Department has been dealing effectively with any criminal complaints of traffic enforcement at the location and the other and perceived problems are not of a criminal nature and are more appropriately addressed through community policing which is ongoing. 15 OS/25/10 Secondly, the City Manager stated Commissioner Gray's other concern was dogs on the beach. He stated in response to citizen complaints officers have increased patrol of the municipal beach via altering vehicle. The City Manager stated during the past month at least 14 city ordinance violations have been issued to persons not in compliance with the ordinance prohibiting dogs on the beach. He stated it is important to note that the municipal beach clearly defines the geographic boundaries and enforcement outside of the boundaries would not be legal. The boundaries are the beach area from Casuarina Road north to the 600 black of North Ocean Boulevard and the beach area proper at Atlantic Dunes Park. He stated many of the dog walkers are very aware of these boundaries and they walk their dogs outside of the area. The City Manager stated these patrols continue on a regular basis and the most recent citations (two) were issued on May 15, 2010. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer had no comments and inquiries on non-agenda items. 13.C.2. Mr. Eliogoulos Mr. Eliopoulos had no comments and inquiries an non-agenda items. 13.C.3. Mrs. Gray Mrs. Gray stated today at Atlantic High School they closed out the Atlantic All-Stars Academy with an Awards Breakfast. She stated the children are doing an awesome job with the reading. Mrs. Gray thanked the volunteers from the Knights of Pythagoras and the Police Department. Mrs. Gray stated David James, Fire Chief, was a speaker and it was a wonderful event. 13.C.4. Mr. Frankel Mr. Frankel commented about an email sent by the City Manager that in March this year nearly $100,000.00 in parking revenues was obtained by the City. Secondly, Mr. Frankel stated he attended the Police Banquet Friday evening and it was very well done. Lastly, Mr. Frankel stated he also attended the Chillounge Night held at the Old School Square Park which had over 1,500 people. He stated they did a great job. 16 OS/25/10 13.C.5. Manor McDuffie Mayor McDuffie stated he attended the Police Awards Banquet and some deserving people got recognized. Secondly, he stated he managed to attend the end of the Chillounge Event and had the opportunity to speak with the Police officers who were on duty there who said it was one of the best events that they have ever had to provide security for. Mayor McDuffie stated it was wonderfully run and he looks forward to having them back this coming year. Lastly, Mayar McDuffie stated at the end of last week's Metropolitan Planning Organization (MPO) Meeting Palm Beach Commissioner Bi11 Moss requested the City of Delray Beach move the Delray Affair this coming year because it conflicts with SunFest. Mayor McDuffie stated he has also talked with some people from the Chamber of Commerce and they have voted in support of keeping the same date; however, he has had some people speak to him in concern about sponsoring conflicts if we are going to run these events at the same time. The City Manager stated most of the merchants want to keep the Delray Affair the same date. Mr. Eliopoulos stated he was contacted by the Tourist Development Board and noted they could contact the Chamber of Commerce since it is a Chamber event. Mr. Fetzer stated in his opinion, this is a Chamber of Commerce Board decision and he would feel out of place ovemaling them. The rest of the Commission concurred with comments expressed by Mr. Fetzer. Mayor McDuffie suggested that staff get a new mission statement and scope of work for the Downtown Development Authority {DDA) now that we have done the parting of the Downtown Marketing Cooperative (DMC) and the Downtown Development Authority {DDA}. The City Manager stated the DDA is trying to set up a Planning/Goal Setting type meeting and suggested to let them work through that first so that we can be looking at their enabling legislation in the meantime. There being no further business, Mayor McDuffie declared the meeting adjourned at 7:17 p.m. City Clerk ATTEST: MAYOR 17 05/25/10 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on May 25, 2010, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the off cial Minutes of the City Commission. Tbey will become the official Minutes only after review and approval which may involve same amendments, additions or deletions as set forth above. 18 05/25/10 Y IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST ASSOCIATED WITH THE INSTALLATION OF A NEW FENCE AT 11GD NASSAU STREET 1. This waiver request came before the City Commission on May 25, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for 1160 Nassau Street. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsec#ion I. I. WAIVER TO ALLOW FENCE OVER FOUR {4) FEET IN THE 51DE STREET SETBACK: Per LDR Section 4.5.1{E)(3}{aj1.c., fences and walls over four feet (4'j shall not be allowed in the front or side street setbacks. Pursuant to LDR Section 2.4.7{B}(5}, prior to granting a waiver, the appraving 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 ar owner. Does the waiver to Section 4.5.1(E){3}{a}1.c. to allow a 5S" fence to be located within the side street setback meet all of the requirements of Yes / No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was 1 City Commission Meeting of May 25, 2090; Item 9.A. y submitted and finds that its determinations set Earth 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. 5. Based on the entire record before it, the City Commission approves ~ denies the waiver request to LDR Section 4.5.1(E)(3)(a)1.c. 6. Based on the entire record before it, the City Commission hereby adapts this Order this 25th day of May, 2010, by a vote of 5 in favor and 0 opposed. ~~ ATTEST: 2 City Commission Meeting of May 25, 2090; Item 9.A. IN THE CITY COMMISSION CHAMBERS C)F THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS ASSOCIATED WITH THE CHASE BANK DEVELOPMENT PROPOSAL 1. This waiver request came before the City Commission on May 25, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for Chase Bank. Ail of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection 1. THREE WAIVERS TO REQUIRED BUILDING FRONTAGE SETBACKS: A. First Waiver; LDR Section 4.4.13{F){4)(b) and {c), requires a buildinq~ frontage setback of 10' or less for 70% to 50% of the building firontage along NE 6` Avenue in the CBD. Pursuant to LDR Section 2.4.7(B){5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b} Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver to Section 4.4.93(F)(4)(b) and (c) to allow an 'I S' building setback along NE 5th Avenue meet all the requirements of 2.4.7(B)(5)? Yes f No B. Second Waiver: LDR Section 4.4.13(F}(4}(b) and {c), requires the remaining length of the building frontage to be se# back at 1 b' or more from the property [ine along NE 6i~' Avenue in the CBD. 1 City Commission Meeting of May 25, 2070; Item 9.B. Pursuant to LDR Section 2.4.7{B}{5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: {a) Shall not adversely affect the neighboring area; {b) Shall not significantly diminish the provision of public facilities (c) Shall not create an unsafe situation; and, {d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver to Section 4.4.'I3(F}{4){b) and {c) to allow an increase in the remaining length of the building from a minimum of 'i5' or more to a minimum of 23' or more meet all the requirements of 2.4.7'{8)(5)7 Yes / No C. Third Waiver: LDR Section 4.4.13(F}{4){b) and {c), requires a building frontage setback of 10' or less for 7Q°!° to 90% of the building frontage along N E 7t" Stree#. 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) Shal! not adversely affect the neighboring area; {b} Shall not significantly diminish the provision of public facilities; (c} Shall not create an unsafe situation; and, {d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver to Section 4.4.'13{F){4){b) and (c) to allow a 36' building setback along NE 7th Avenue meet all the requirements of 2.4.7(8)(5)? Yes / No ll. WAIVER T4 VISIBILITY TRIANGLE: Per LDR Section 4.ia.14{A}{2}, a 4g' sight visibility triangle is required at the intersection of two or mare public rights-of-way, (NE 6t" Avenue and NE 7t" Street}. Pursuant to LDR Section 2.4.7(8}(5}, prior to granting a waiver, the approving body shall make a fiinding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b} Shall not significantly diminish the provision of public facilities; 2 City Commission Meeting of May 25, 2090; Item 9.6. {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 4.5.14{A){2) to allow a visibility triangle at the in#ersection of NE 7t~' Street and NE 6fh Avenue from 4fl' to 32' meet all the requirements of 2.4.7(8)(5)? Yes / No lll. WAIVER TO 75% MINIMUM TRANSPARENCY: Per LDR Section 4.6.'18(8){14}(iv}{2}, the minimum transparency or glass surface area an the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for the south elevation. Pursuant to LDR Section 2,4.7{B){a), 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 npf significantly diminish the provision of public facilities; (c} Shall not create an unsafe situation; and, {d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver to Section 4.6.18{B){14){iv}{2) to reduce the minimum transparency or glass surface area from a minimum of 75% to 1.5°!° of the wall area for the south elevation of the building meet all the requirements of 2.4.7(8){5)? Yes / No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this order are consistent with the Comprehensive Plan. 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 3 Cify Commission Meefing of May 25, 2070; Item 9.B. i • ~ in the record includ'€ng but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record befiore it, tine City Commission approves !r denies tine waiver requests to t_DR Section 4.4.13{F}{4){b) and (c}, 4.6.14(A}(2), and 4,f.18{B)(14){iv}{2} 6. Based on the entire record before it, the City Commission hereby adopts this Order this 25th day ofi May, 2010, by a vote o 5 in favo 0 opposed. ATTEST: ~ Neison S. McDuffie, Chevelle Nubin, City Clerk 4 . City Commission Meefing of May 25, 2090; Item 9.B. JUNE 1, 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 Commission Chambers at City Hall at 6:00 p.m., Tuesday, 3une 1, 2010. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubia, City Clerk 2. The opening prayer was delivered by Rabbi Greg Kanter with Temple Sinai. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Eliopoulos requested that Item S.B., Amendment No. 3 to Downtown Marketing Co-Operative Agreement and an Agreement be moved from the Consent Agenda to the Regular Agenda as Item 9.A.A. Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll 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. 5. APPROVAL OF NIlNUTES: None. 05/01/10 6. PROCLAMATIONS: 6.A. Reco~nizin~ Student Ambassadors: Chelsea Brandt, Sofia ,man, ,Matthew Kondziela, Jacqueline Lowell Danielle Ellingsworth Matthew Feld,,,,, ____ Trubow and Robert Weil Mayor McDuffie read and presented a proclamation hereby recognizing Chelsea Brandt, Sophia Ellingsworth, Matthew Feldman, Matthew Kondziela, Jacqueline Lowell, Danielle Trubow, and Robert Weil as Student Ambassadors representing the City of Delray Beach and the Student Bodies of Atlantic High School, American Heritage School and Boca Raton High School. David Schmidt came forward to accept the proclamation; and gave a few brief comments. 6.8. Parks and Recreation Month _ July 2010 Mayor McDuffie read and presented a proclamation hereby proclaiming July 2010 as Parks and Recreation Month. Linda Karch, Director of Parks and Recreation, came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. None 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REVISION TO THE GRANT AWARD/FLORIDA DEPARTMENT OF TRANSPORTATION DOT /AGGRESSIVE DRIVING: Accept a revision to the grant award from the Florida Department of Transportation (FDOT) in the amount of $25,000.00 for implementation of an aggressive driving/speed enforcement program. 8.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.C. SPECIAL EVENT REQUEST/4th OF JULY FESTIVITIES: Approve a special event request for the 4th of July Festivities, including granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from the east side of N.E.IS.E. 7th Avenue to Ocean Boulevard, and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard from 2:00 p.m. to midnight; to waive Code of Ordinances Sections 101.25 "Commercial Enterprises" and 101.32 "Assemblies" to allow assembly on the beach and vendors; to allow all beach parking lots to remain open until approximately midnight; and to approve staff support for security and traffc control, street barricading and banner hanging, new large stage and half of small stage set up and use, EMS support, use of City generator, signage, and clean up and trash removal. 2 06/01/10 B.D. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 24, 2010 through May 28, 2010. 8.E. AWARD OF BIDS AND CONTRACTS: 1. Contract award in the amount of $55,810.00 to Johnson-Davis, Inc. i for emergency repair of the aerial Force Main Grassing at Lift Station 50 located along Lowson Blvd, west of Congress Avenue. Funding is available from 442-5178-536-63.51 (W & S Renewal & Replacement Fund: Improvements OtherlSewer Mains). 2. Purchase award in the amount of $52,833.65 to DGG Taser to replace seventy-five (75) Tasers. Funding is available from 115- 2112-521-49.90 (Special Projects Fund: Other Current Charges). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call 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 0 vote. 9. REGULAR AGENDA: 9.A.A. AMENDMENT NO. 3 TO DOWNTOWN M_AItI~TING CO- OPERATIVE AGREEMENT AND AN AGREEMENT: Approve Amendment No. 3 to the old Downtown Marketing Cooperative Agreement which terminates the agreement and approve a new Downtown Marketing Cooperative Agreement, subject to the respective Boards of the Downtown Marketing Cooperative members. Robert A. Barcinski, Assistant City Manager, stated this item is approval of Amendment No. 3 to the Downtown Marketing Co-Operative (DMC) Agreement terminating that agreement and requesting approval of a new agreement for the Downtown Marketing Cooperative subject to approval of a new agreement for the Downtown Marketing Co-Operative subject to approval by the respective Boards (Chamber of Commerce, Downtown Development Authority, the Community Redevelopment Agency as well as the City). Mr. Barcinski stated the City Attorney worked on this with input from Board members as well as staff. He stated at their meeting last week, the DMC voted unanimously to recommend approval to their respective Boards. Mr. Eliopoulos stated at the last meeting Mayor McDuff e brought up the restructuring of the DDA and he would like to sure that each group is clearly defined in what they are doing and they are still all working as partners. 3 o6~ovla Mr. Fetzer concurs with comments expressed by Commissioner Eliopoulos and stated we need to redefine the role of the DDA and this needs to stay on the front burner. Mrs. Gray stated with the new DMC have all the players been brought up to speed with the fees that they are supposed to be paying. Mr. Barcinski stated they have agreed to go to a fiscal year budget from a calendar year. The CRA and the Chamber have agreed to continue their funding through September and everyone will look at it with the new budget year. Mrs. Gray stated there were issues as to whether the DDA is up to speed with what they are supposed to be paying and asked if that has happened. Mr. Barcinski stated at this point the City has no formal commitment from the DDA to finish out this year. Mr. Frankel asked if the DDA will be a parley to this or not. Mayor McDuffie stated at the DMC meeting the DDA Director said he wanted to make certain that his organization got along and that everything went well and invited the Commission and asked anyone who would like to come sit with Mr. Listick for one-on-one conversation if necessary. Mr. Eliopoulos moved to approve Item 9.A.A. (formerly Item S.B.), seconded by Mr. Frankel. 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. 9.A. WAIVER REQUESTS/TEMPORARY PARKING LOTIPALM BEACII COUNTY TAX COLLECTOR/DMV RENOVATION: Consider a request for a temporary parking lot and associated waivers for the Palm Beach County Tax CollectorlDMV Renovation located at 451 & 511 South Congress Avenue. {Quasi- Judicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item and all subsequent Quasi-3udicial 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 parte communications. The Commission had no ex pane communications to disclose. Paul Dorling, A1CP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-131 into the record. Mr. Dorling stated this is for approval of a temporary parking lot and associated waivers for renovations that will occur on the Palm Beach County Tax Collector's Department of Motor Vehicle building on 4511511 South Congress Avenue. 4 06/01/10 He stated the Department of Motor Vehicles has offices throughout Palm Beach County but the only office they have in the South County area is located at Military Trail. This facility is scheduled to close and the County is looking to locate something in the South County area and is proposing to relocate that office into the Palm Beach County Tax Collector's building. Mr. Dorling stated while they have enough parking on-site to meet the Code this is expected to generate a much higher parking demand and they are proposing at this time to da a temporary parking lot on the vacant parcel to the east of that building and that vacant parcel was part a redevelopment initiative that the City was going to be working with the County on. Mr. Dorling stated this on the back burner and once the economy recovers it is expected to be initiated in about five years. He stated this request is to utilize that area for this temporary parking lot anti( such time that redevelopment moves forward. Mr. Dorling stated the temporary parking lot requirements do not require internal parking landscape areas but they do require some perimeter landscape areas which are being proposed as part of this plan. He stated this does meet the technical requirements of the LDRs. Mr. Dorling stated they are going to require the removal of two trees and the Code allows that and allows them to mitigate that by paying an in-lieu fee based upon the caliper of the tree and that is a conditional of approval. He stated it will also require three waivers; one to permit the temporary parking lot to be constructed outside the boundaries where such use are currently allowed. Staff recommends approval of the temporary use for the parking lot as well as the three waivers. Audre Wolf Director of Facilities Develo ment O eratiatts far Palm Beach County, stated she and two representatives from the County are present to answer any questions the Commission may have. 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 the waiver requests, to please come forward at this time. There being no one from the public who would like to address the Commission regarding the waiver requests, the public hearing was closed... Mr. Eliopoulos asked who will actually review lighting. Mr. Dorling stated staff will be doing all the review of that for the actual final permit. Mr. Eliopoulos asked if the trees are nice trees. Ms. Wolf stated they would like to replace the trees rather than pay a fee. Mr. Frankel asked if this means there is a commitment from the County that the DMV office will be open for five years. Ms. Wolf stated the Board was upset about the lack of timeframe that it received when the State decided to close its office. Ms. Woif stated she believes the commitment is there to continue it because the Board felt very strongly that these services needed to be provided and reiterated that this in no way will be inconsistent with the redevelopment plan. Q6/01/10 Mr. Frankel moved to approve the- temporary parking lot, seconded by Mrs. Gray. 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 0 vote. The City Attorney briefly reviewed the Board Order with the Commission who made findings of according to their consensus {attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order as presented; seconded by Mr. Frankel. 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. 9.B. CONDITIONAL USE REQUEST/DELRAY SCRAP RECYCLING: Consider a conditional use request to allow establishment of a scrap metal recycling facility for Delray Scrap Recycling to be contained in a completely enclosed building, within Bays 11 and 12 of the Linton Center industrial complex, located east of I-95 at the intersection of Poinsettia-Drive and Tangelo Terrace. (Quasi- Judicial Hearin 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 parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, A1CP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-113 into the record. Mr. Dorling stated this is a conditional use request to establish a scrap metal recycling storage facility to be known as Delray Scrap Recyclin~. He stated this same property owner was before the Commission for a site north of l d Street and there were some issues of how it was going to function with regard to circulation. Mr. Darling stated they went back and looked for another site. He stated this site has some large industrial buildings on it and the proposal is for two hays on the north end of the most western building. In addition, Mr. Dorling stated there is some ability to stack a parking lane along the north portion of that building and that is one of the conditions if they should have some overflow situations. At its meeting of May 17, 2010, the' Planning and Zoning Board considered this and recommended approval with a b to 0 vote. Mr. Dorling stated required findings are made in the staff report and staff recommends approval of this site at this time. 6 06/01/10 Jason Mankoff, Michael Weiner & Associates, 10 S.E. 1st Avenue, Delray Beach, FL 33444, stated this is not the same property owner but the same proposed tenant looking at different property. Mr. Mankoff stated they feel this is a better location for everyone and they are not on the right-of--way. He stated the issues that the Commission and staff had are no longer an issue because they are now in an industrial area up against I-95. Mr. Mankoff stated they have resolved all the issues and accept the conditions of approval and have met the requirements of the conditional use LDR Section 2.4.5(E}. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the conditional use request, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings of according to their consensus {attached hereto is a copy and made an official part of the minutes}. Mrs. Gray moved to adopt the Board Order as presented, seconded by Mr. 1~rankel. Upon roll 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. 9.C. WAIVER REQUESTS/CANNERY ROW: Consider again approving three (3) waivers to Land Development Regulations (LDR) Section 4.6.18(B)(14)(iii}(1}(b), Section 4.6.18{B}{14){v){2), and Section 4.6.18{B}(14){v)(3), `.`Buildings Within the Downtown Area", for Cannery Row, located at the southwest corner of Pineapple Grove Way {N.E. 2nd Avenue) and N.E. 4th Street. (Quasi-Judiciai Hearin 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 parte communications. Mr. Eliopoulos declared a conflict of interest and stepped down because his partner is the architect for this project. The rest of the Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project fle #2006-338 into the record. Mr. Dorling stated this itenn is associated with an approval that was given on December 13, 2006 for the Cannery Raw project. He stated these three waivers came before the Commission on 7anuary 2, 2007 and approved them at that time. Mr. Dorling stated that applicant built one of the buildings and then stopped constnaction because of 7 o6~ovla the economy. He stated that did not meet the 25% vesting of the site plan and there was some confusion about when that site plan expired and it did expire on December 13, 2008. Mr. Dorling stated the applicant came back through the process and recently received site plan approval for the same project again to resurrect his approvals and the associated waivers are before the City Commission for re-approval as well associated with that prior project. He stated the project has not changed in any way but is reaffirming action that the Commission took on January 2, 2007. Mr. Dorling stated those waivers relate to three items: {1) the requirement that balconies need to be greater than 15% of exterior walls, (2) a requirement that the project have a maximum of four primary colors, and (3) a requirement that you do not locate air conditioners in the front yard. The elevations were found to be in proportion and there was not an issue with the relationship of the sizes of some of those balconies on just a couple of the units. Mr. Dorling stated they requested nine primary colors and those were approved through all the Boards as it relates to the design guidelines and they were found to be preferable to the maximum of four. He stated with respect to the air conditioning units, they were Iocated on the roofs and size of building wherever possible; however, given this type of development there was a need for some of those air conditioning units to be located in the front but screened with appropriate landscaping. Mr. Dorling state the required findings to approve these waivers were made and staff recommends approval at this time. No applicant was present. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver requests, the public hearing was closed. Mrs. Gray asked if we will be moving forward with the construction. Mr. Dorling stated his understanding is that they have processed a minor modification far the recreation building and they are going to move forward and at least in the short term construction the recreation building. Mr. Dorling stated he is not sure about the balance of the project because he believes that fmancing is still a challenge. Mayor McDuffie .asked if the additional construction will get them to the 25% threshold. Mr. Dorling stated he does not believe so. The City Attorney briefly reviewed the Board Order with the Commission who made findings of according to their consensus {attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order as presented, seconded by Mrs. Gray. 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. o6~OV1o 9.D. AMENDMENT TO AN IN-LIEU OF PARHING AGREEMENT/ATLANTIC OCEAN CLUB /KIA BOB'S FAMOUS BAR): Consider modifying a condition of approval for off-site parking spaces associated with the in-lieu parking spaces provided to reduce on-site spaces from eleven (11} to eight {8) for Atlantic Ocean Club (f/k/a Bob's Famous Bar) located at 217- 219 East Atlantic Avenue. {Qua~f-Judicial Hearing) 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. Mr. Frankel stated he spoke with Bab Currie. Mrs. Gray had no ex pane communications to disclose. Mayor McDuffie stated he had a meeting with Bob Currie. Mr. Eliopoulos stated he spoke with Bob Currie. Mr. Fetzer stated he had a meeting with Bab Currie who is the architect for the applicant and spoke in favor of the change that has been recommended by the Parking Management Advisory Board (PMAB}. Scott Aronson, Parking Management Specialist, entered the Planning and Zoning Department project file #2010-041 into the record. Mr. Aronson stated Atlantic Ocean Club located at 217-219 East Atlantic Avenue was approved for 11 in-lieu of parking spaces for same conversions and changes of use within the property. He stated the applicant during those deliberations offered off- site parking at 150 N.E. 1 sc Avenue, located at the southwest corner of N.E. 1 ~ Avenue and N.E. 2"d Street. The subject property for the parking lot is the Old School Square Historic Arts District which does not allow stand alone parking lots. Review of the proposed site plan found that the provision of the 11 spaces in addition to the 2 spaces required far the single-family residence would require the applicant to seek relief to various requirements, primarily associated with the location of the spaces (front yard) and their impact of the overall site design. Therefore, the applicant requests that the agreement be amended to reduce the amount of required off-site parking spaces from 11 to 8. Mr. Aronson stated it is noted 8 of the 10 spaces wauId be for the Atlantic Ocean Club and two spaces would be dedicated to the residential unit on the site. Staff recommends that the Commission approve the in-lieu of parking agreement by reducing the amount of off-site parking spaces to be provided from 11 to 8. At its meeting of May 25, 2010, the Parking Management Advisory Board considered the request and recommended approval to reduce the amount of off-site parking spaces provided from 11 to 8 subject to the construction of 5 on-street spaces as illustrated in Site Plan "B". StafFrecommends approval of the appIicant's request. Jess Sowards, Architect with Currie Sowards A~uiia Architects, stated he attended the Parkin Mana eme ~ ,,A~_,. g g nt visory Board meeting and the Board had a unanimous decision to recommend approval. Mr. Sowards stated as Mr. Aronson said they are required to have 11 spaces and are providing S on-site and they are also 9 06/01/10 providing an additional S on-street for public use. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the amendment to an in-lieu of parking agreement for Atlantic Ocean Club, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the amendment to an in-lieu of parking agreement for Atlantic Ocean Club, the public hearing was closed. There was no cross-examination or rebuttal. Mr. Eliopoulos stated it appears like it is going to have two units; one upstairs and one downstairs and wants to ensure that there is adequate parking. Mr. Sowards stated it is a two-story single family residence. Mr. Fetzer commended staff and the applicant for working together on this. The City Attorney briefly reviewed the Board Order with the Commission who made findings of according to their consensus {attached hereto is a copy and made an ofi=~cial part of the minutes). Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to amend the in-lieu fee agreement to reduce the condition from 11 off-site parking spaces to S off-site parking spaces, seconded by Mr. Eliopoulos. 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 0 vote. At this point, the time being 6:45 p.m., the Commission moved to Item 11, Comments and Inquiries from the City Manager and the Public. I1.A. Ci Mana er's res apse #o rior ublic comments and in uiries. Doug Smith, Assistant City Manager, stated at the previous meeting Ms. Moody expressed concern over the cemetery gate in need of repair and that was fixed last Friday. Secondly, Mr. Smith stated Ms. Moody's other concern had to do with the property located at S.W. 8~` Avenue (Carver Square area) and she asked about a report that we were waiting to receive regarding that property. Mr. Smith stated this was in follow-up to a previous letter that the City Manager had sent to Ms. Moody in March which indicated that there was study work being done and a final clearance was needed 10 06/01/10 from the Department of Environmental Protection {DEP) for this property. He stated the soil test was completed but there was ground water testing still being worked on and a meeting was to take place in April. Mr. Smith stated the meeting between DEP and the Community Redevelopment Agency {CRA) did not take place. Mr. Smith stated the City received an update from the CRA that they are awaiting a consultant report and once they receive that they will be able to provide that to DEP. Mr. Smith stated at that point we will be awaiting final clearance from DEP to begin the construction there. 11.B. From the Public. 11.B.1. Dr. Victor Kirson 2050 Alta Meadows Lane #2110 Delra Beach FL 33444 {President of the Board of Directors at Tierra Verde at Delray Beach), stated according to an article in the Sun-Sentinel, the decline in value in the properties in Delray Beach was 13% and noted that the City is looking at a $6 million shortfall to make up. Dr. Kirson suggested that the Commission consent to $3 million from Reserves because he feels it is going to be very difficult to obtain the other $3 million. Dr. Kirson stated he attends the Financial Review Board meetings and they are spending numerous hours to come up with reductions and new policies. Dr. Kirson stated that at one of their meetings County Commissioner Burt Aaronson stated that he took from $125 million down to $75 million in their reserves in order to meet expenses. At this point, the time being 6:51 p.m., the Commission moved to First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 14-10: Consider approval of Ordinance No. 14-10 amending Section 110.15, "Local Business Tax Schedule", of the Code of Ordinances in order to provide for an increase in rates. if passed, a public hearing will be held on June 15, 2010. The caption of Ordinance No. 14-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "LOCAL BUSINESS TAXES GENERALLY" BY AMENDING SECTION 110.15, "LOCAL BUSINESS TAX SCHEDULE" OF THE CITY CODE OF ORDINANCES IN ORDER TO PROVIDE FOR AN INCREASE 1N RATES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14-10 is on file in the City Clerk's office.} The City Attorney read the caption of ordinance. 11 06/01/10 Al Berg, Assistant Director of Community Improvement, stated this ordinance proposed to increase the business tax by S% and noted the last time this fee was increased was in 2008. Mr. Berg stated staff is predicting about $33,500.00 in additional revenue if this is approved. Mr. Frankel moved to approve Ordinance No. 14-14 on First Reading, seconded by Mrs. Gray. 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. At this point, the time being 6:53 p.m., the Commission took a short break. At this point, the time being 'x:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 10-10 (FIRST READING/FIRST PUBLIC HEARINGI: Providing for the acceptance of the resurvey report of Old School Square Historic District including extending the Period of Significance to 1965 and reclassifying 13 properties from non-contributing to contributing. If passed, a second reading second public hearing will be scheduled for June 15, 2010. The caption of Ordinance No. 10-10 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF OLD SCHOOL SQUARE HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1965 AND RECLASSIFYING 13 PROPERTIES FROM NON-CONTRIBUTING TO CONTRIBUTING, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 10-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A fast reading/first 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, AICP, Director of Planning and Zoning, stated this is consideration of Ordinance No. 10-10 which accepts the recommendations of the Old 12 06/41/10 School Square Historic District resurvey report including expansion of the Period of Significance (POS} to 1965, and reclassification of 13 properties from non-contributing to contributing. Mr. Dorling stated this came out of the survey that was done between July 2008 and January 2009 where surveyed properties were surveyed for all of the districts with the exception of the Marina District which was done earlier and all the properties that were developed at least 35 years or more were looked at with respect to whether they should be contributing or non-contributing. On February 10, 2009, the final report was reviewed by the City Commission. He stated the other three districts, the Period of Significance extensions, and property reclassifications have occurred and this is the remaining district. Mr. Dorling stated the Commission saw this in late 2009 as part of Ordinance No. 16-2009 and at that time there were 23 properties proposed to be reclassified from non-contributing to contributing. He stated that failed on second reading and the direction from the Commission at that time was that we go and individually pull each property owner that would be impacted by these reclassifications. Mr. Dorling stated staff held a formal notice workshop on December 2, 2009 with the Historic Preservation Board {HPB} which talked about the benefits of being a historically designated property. In February 2010, a certif ed mailing was sent to the 23 property owners and allowed the residents to opt out of the reclassification and 10 properties did not support this reclassification and those properties are not part of what is before the Commission now. Mr. Dorling stated the 13 properties that now remain are part of this ordinance that is before the Commission. At its meeting of May 5, 2010, the Historic Preservation Board (HPB} reviewed Ordinance No. 10-10 and voted 5 to 0 in favor. Ordinance No. 10-10 provides for the reclassification of 13 of the 23 properties originally included in Ordinance No. 16- 09. The Pineapple Grove Main Street Committee (PGMS) reviewed Ordinance No. 16- 09 at its April 1, 2009 meeting where a recommendation of approval was made. The Downtown Development Authority {DDA) reviewed Ordinance No. 16-09 at its April 13, 2009 meeting where a recommendation of approval was made with the condition that those property owners who would like to maintain their classification as non-contributing be granted that request. The Community Redevelopment Agency {CRA) reviewed Ordinance No. 16-09 at its April I6, 2009 meeting where a recommendation of approval was made with the condition that those property owners who would like to maintain their classification as non-contributing be granted that request_ Mr. Dorling stated this ordinance would meet those Boards recommendations as well as the Commission's direction in November. He stated in the report there were also two other recommendations; one of those was to seek a national register designation for the district and the additional recommendation was also to extend the district to two blocks to the south. Mr. Dorling reiterated that this is a reclassification of the 13 properties as recommended in the resurvey. Mayor McDuffie declared the public hearing open. Cheryl__Abramson, 21 N.W.. 2°~ Street, Delray Beac_h,_ FL_ 33444, property owner who opted out, asked if this ordinance is primarily to change the Period 13 06/01/10 of Significance. Mr. Dorling stated the ordinance changes the Period of Significance which initiates the reclassification. Ms. Abramson asked if there is anything in the ordinance that in the future if property owners do not want to be considered historic or contributing or that the City would have to get the consent of property owners to be considered historic or contributing. Ms. Abramson stated since the City is going to try and get a national designation as well and noted the intent in national designation is always that the property owners have the first right to either asked to become contributing or historic but if they do not want to be they are never dictated that they need to be. She suggested that this be part of the ordinance. The City Attorney stated the City cannot put anything Ms. Abramson suggested in the ordinance because that would be binding the future Commission a possible decision. Furthermore, the City Attorney stated the City cannot put something in the ordinance that would prohibit the Commission from voting on something in the future such as looking at whether or not they want to look at properties and consider properties going from non-contributing to contributing. Ms. Abramson stated she meant following the intent of the national guidelines that you need the expressed consent of property owners to have a designation change. Mr. Dorling stated that would be a public hearing and would come before the Boards and that survey is going to recommend based upon what is appropriate to be historic. He stated rt is not going to take any of these other issues into account. The City Commission has the ability to modify that and it is going to be heard through a public hearing and that would be appropriate venue; however, it is not appropriate in this ordinance because this ordinance is dealing with these 13 properties at this time. Susan Murakami, 326 N.E. ~St Avenue, Delray Beach, FL 33444, asked what is significant about this era up to 19fi5. Mrs. Murakami stated if the City decides that this Period of Significance is significant then their houses are in jeopardy again. Brief discussion followed between Mrs. Murakami and staff. Donald Murakami, 326 N.E. 1St Avenue, Delray Beach, FL, 33444, thanked Mayor McDuffie and the Commission for allowing them to be designated at this time and as they improve the property they hope to do so to the credit of the historic district. There being no one else froze the public who wished to address the Commission regarding Ordinance No. 10-10, the public hearing was closed. Mr. Eliopoulos stated we are falling in a period where the economy has been such where properties have not been selling the way they were. He stated typically historic districts hold their value and they bring up the value and does not believe it is a hardship. Mr. Eliopoulos stated when you buy into a historic district you buy into it. He stated he likes the ordinance the way it is. 1 ~l 06/01/10 Mr: Frankel stated he spoke to one of the property owners across from Old School Square and by turning him into a historic building he could not do any improvements and that is why he did not want to be a part of it. Mr. Frankel stated he does not like to tell people what to do if they do not want to be a part of it. Mr. Eliopoulos stated then these people should not buy in a historic district. He stated the City is trying to preserve the historic district and stated he would much rather work an a historic home as opposed to a brand new house because there is you can come out with great projects and there is great flexibility with the historic districts. Mrs. Gray stated when the City extended the flue years Period of Significance with people moving into the district how would people know. She asked how the City lets people know that they are in a historic district. Mr. Eliopoulos stated you are already in the district and it is just whether your house is of that age yet. Mr. Eliopoulos stated you cannot build in front of the primary structure but the Murakami smallest structure is their only structure and feels their situation is unique. Mr. Eliopoulos stated the City has signs posted and most realtors know where the historic districts are and refer them to the City's Historic Preservationist. Mr. Fetzer stated the real estate community has a responsibility to make buyers aware of where they are buying. He stated he is satisfied with the ordinance. Mayor McDuffie stated the period of due diligence an the City's behalf is five years that. the City has been trying to get reclassifications of the surveys of all the districts done and try to do well by all the citizens and all the historic districts in the City of Delray Beach. He stated he does not think you ever do anything that is absolutely perfect to every property that is in these districts. Mayor McDuffie stated he concurs that the Murakami situation is unique; however, the City has to write ordinances for the majority and not for one person. He stated five years from now if it is still a hardship for the Murakami that whoever is sitting on the dais at that time will recognize that five years from now and will take a look at hardships as they arise. The City Attorney stated pursuant to the LDRs if someone objects on one of these hearings where the City is reclassifying property it takes a super majority vote (four votes). Mr. Eliopoulos moved to approve Ordinance No. 10-10 an First Reading/First Public Hearing, seconded by Mr. Fetzer. Upon roll 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. 10.B. RESOLiTT><ON NO. 31-10/CONTRACT FOR SALE AND Pi1RCHASE/LOLA JONES/118 S.W. 6th STREET: Consider approval of Resolution No. 31-10, a Contract for Sale and Purchase between the City and Lola Jones for the 15 06/01/10 property located at 118 S.W. 6th Street in the amount of $82,500.00. Funding is available from 441-5161-536-51.10 (Water & Sewer Fund: Land/Land Acquisition Cost). office.} The caption of Resolution No. 31-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO ACQUIRE CERTAIN REAL PROPERTY IN PALM BEACH COUNTY; FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE FROM LOLA JONES, SELLER, TO THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 31-10 is on f le in the City Clerk's The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Richard Hasko, Director of Environmental Services, stated this is a request to consider the purchase of a single family property on S.W. 6th Street. The parcel abuts the Environmental Services compound to the east of the Water Treatment Plant. Mr. Hasko stated staff had an appraisal done on this site. The appraisal indicated a price range from a low of $62,000.00 to a high of $82,500.00 with the estimated market value of at the mid range of $75,000.00. Mr. Hasko stated it has been a goal of staffs to expand the Environmental Services complex whenever they.had the opportunity. He stated this block on S.W. 6th Street is the only area they have to ga. Mr. Hasko stated they did acquire a couple of lots years ago where they built the chemical storage building on the southeast corner. Mr. Hasko stated the construction crew is staged in a very small area just on the other side of the fence from the parking lot in front of the administration building between a couple of tanks. He stated that as well as future planning needs for the different activities that staff anticipates staff is looking to expand the area of the compound in that direction. Mr. Hasko stated it this will start to move the adjacent residential lots further away from the chemical storage building. Mr. Eliapoulos stated when he was reading the material he felt this was going to create a better buffer for the residents but unfortunately he does not see that on the aerial. Mr. Eliopoulos stated this actually looks like we are going further into the residential neighborhood. Mx. Hasko stated as he would anticipate as the future needs of that compound at some point in time the rest of the block will probably require acquisition by the City. He stated staff keeps looking around this area and this is the only place they have to expand. Mr. Hasko stated years ago the City looked at a property 15 06/01/10 across the street from it {on the north side of the street} and at that time people were happy and the price was ridiculous so the City was not able to deal with that particular homeowner at that time. Mx. Hasko stated staff is trying to look at these areas and pick them up as they become available where it will accommodate the City in the future. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 31-10, the public hearing was closed. Mr. Frankel moved to approve Resolution No. 31-10, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel ~- Yes; Mrs. Gray - Ycs; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:36 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, City Attarney, and the City Commission. 13. COMMENTS AND IN UIRIES ON NON-AGENDA ITEMS. 13.A. City Manager Doug Smith, Assistant City Manager, had no comments and inquiries on non-agenda items. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer had no comments and inquiries on non-agenda items. 13.C.2. Mr. EliaAanlos Mr. Eliopoulos stated he had a great weekend and it is good to see everyone. 13.C.3. Mrs. Gray Mrs: Gray stated she attended the Palm Beach County League of Cities Luncheon last week and it was a wonderful program. Secondly, Mrs. Gray stated she also attended the Delray American Little League Friendship Tournament this past weekend at Pompey Park. 17 06/01/10 Mrs. Gray stated she went to the Soccer Complex today to see the new turf being laid. She stated this is almost completed and it is very exciting. Lastly, Mrs. Gray stated on S.W. lst Street in-between S.W. 4a' Avenue and S.W. $~n Avenue there are no sidewalks and asked if staff could look into getting sidewalks in this area- 13.C.4. Mr. Frankel Mr. Frankel stated he had every intention of attending the Chamber of Commerce Luncheon for Congressman Klein today and apologized to Mr. Malone for not attending because he was called for jury duty. Secondly, Mr. Frankel stated he is hosting an event for the Delray Beach Library on June 10, 2010 from 5:00-9:00 p.m. at Tryst Restaurant. 13.C.5. Mavor McDuffe Mayor McDuffie stated the keynote speaker at the Palm Beach County League of Cities Luncheon had one mission for everyone and that is to build sidewalks. He stated it was a very good dinner. There being no further business, Mayor McDuffie declared the meeting adjourned at 7:38 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on June 1, 2010 which Minutes were formally approved and adopted by the City Commission on 18 06/01/10 City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 19 06/01/10 FORM 8B MENtORANDU~ OF VOTIND CDNFL~CT FDR COUNTI~, f111UNICIPAL, AND DTHER LOCAL PllBLiC DFF~CERS LAST NAME-FIR5T NAME-fufll]DLE NAME NAME OF BOAi2D, COUNCIL, COMMISSkON, AUFHORI7Y, OI4 COMMITTEE Eliapoulos, nary Delra Beach C~.t: Commission MAILING ADARESS THE 90AR6, COUNCIL, COMM1SS10N, AUTliORnY OR COMMITTEE ON ~d~ tseOr ~ ;~i1611 ~otLlelt~~C~{ WHICH i SERVE IS A UNIT OF: OnY COUNTY CITY L7 COUNTY ^ OTHER LOCAL AGENCY T~lvrida 33444 Palm Beach Delray beach NAME OFPOLi71CAL5UBDIVISION: , Beaeb Cit of Delra y y OATS ON WHICH VOTE OCCURRED MY POS1TiON i5: J'~II~ ~ , ~Q],Q ~$ ELECTIVE Cl APPOINTIVE WHO MUST FILE FARM 8B This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, council, commission, authority, nr committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending an whether you Hold an elective or appointive position. For this reason, please pay close attention to the instructions on this tam, before completing the Inverse side and filing the farm. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1'1.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain ar loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or toss of a principal (other than a government agency} by whom he nr she is retained (including the parent arganizatian nr subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the spectaE private gain ar loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or '163.357, F.S., and officers of independent special tax districts elected an a one-acre, one-vote basis are npt prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the ofFicer's father, mother, son, daughter, husband, wife, brother, sister, father-ir'<-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or parrying on a business enterprise with the nfficer as a partner, joint venturer, caawner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange}. k w * r x x ~, . x ~ k x ~ ~ +r + ELECTED OFFICERS: ]n addition to abstaining from voting in the situations described above, you must disclose the cnrrtiict FRIAR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure.on which you are abstaining from voting; and W1THtN 15 CJAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible far recording the min- utes of the meeting, who should incorporate the farm in the minutes. * * > ,r x a t w w : * x k r g r APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters- However, you must disclose the nature of the conflict before malting any atiempt to influence the decision, whether orally or in writing and whether made by you nr at your direction, lF YOU INTEND TD MAKE ANY ATTEMPT TO ENFLUENCE THE DECISION PRIOR TO THE MEETING RT WHICH THE VOTE Wlt_I_ BE TAKEN: • You must complete and file this fnrm (before making any attempt to influence the decision} wifh the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Con#inued on other side) CE FORM 8B - EFF.112QQp Item ~_C. ~ RAGE 1 ARPOINTEC~ OFFICERS {continued} A copy of the form must be provided immediately to the other members of ttre agency. • The form must be read publicly at the next meeting after the form is f led. IF YOU MAKE NO ATTEMPTTO INFLUENCE THE DEGI510N EXGI=PT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must cvmpEete the farm and fEe it within l6 days after the vote occurs with the person responsible fiar recalling the minutes of the meeting, who must incorporate the farm in the minutes. A copy of the farm must be provided immediately to the other members of the agency, and the farm must be read publiclyi at the next meeting after the form is filed. I]ISCLOSURE OF LOCAL OFFICER'S INTEREST I Gary F. Elinpoul©s , hvnsby disclose that nn J~.e ~ 20 10 (a} A measure came yr will come before my agency which (check one} inured to my special private gain or loss; ~ inured to the special gain or loss of my business associate, Kugi ~ Ei -i_oPn~~l n~ Arrhi t~tr~rP a ~n~-_ ... ,,,,^ inured to the special gain or loss of my relative, _,_,_ inured to the special gain or floss of , by whom I am retained, or inured tv the special gain ar loss of vrtrich is the parent vrganizatian yr subsidiary of a principal which has retained me. (b}The measure before my agency and the nature of.my conflicting interest in the measure is as follows: Ca~anery Row Proj eci:. June ~, 20I© Date f=iled \~J NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHEt7 BY ONE= OR MORE ©F THE FOLLOWING: IMPF~,CI-1MENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION EN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $1p,gf3t). cl< ~oRr~n ae -1=Fi=. ~rzooo Page z IN THE CITY COMMISSiC3N CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS ASSOCIATED WITH THE TEMPORARY PARKING LOT AND ASSOCIATED WAIVERS -~ PALM BEACH COUNTY TAX COLLECTORfDMV RENOVATION 1. This waiver request came before the Gity Commission on .tune 1, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for Palm Beach County Tax CollectorlDMV Renovation. All of the evidence is a part of the retard in this case. Required findings are made in accordance with Subsection I. I. WAIVER TO ALLC3W A TEMPORARY- PARKING LOT: LDR Section 2.4.6(F){3){e)1., states: 1. A temporary parking lot may be permitted within the following areas: ~ the portion ofi the Central Business District {CBD) and Community Facilities {CF) District which is hounded by Swinton Avenue on the west, the lntracoastal 1i~faterway on the east,' N.E. 2"d Street on the north, and S.E. 2"d Street on the south; ~ the portion of the CBD and CBD-RC District which is bounded by N.E. 2"° Avenue on the west, the FEC Railway on the east, N.E. 2"~ Street an the south, and N.E. 4t'' Street on the north; ~ the portion afi the CBD located east of the lntracoastal Waterway; * the non-residential zoning districts hounded by Swinton Avenue on the east, I-95 on the west, N.W. 15t Street on the north, and S.W. 1St Street on the south. Pursuant to LDR Section 2.4,7{B){5), prior ~to granting a waiver, the approving body shall make a fiinding that the granting of the waiver: 1 City Commission Meeting from June 1, 201 D; Item 9.A. (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver to Section 2.4.6(F)(3}(e)1. to allow a temporary parking lat at 4511511 South Congress Avenue meet all the requirements of 2.4.7(6}~5)? Yes ~ No 11. WAIVER TO ALLOW EXTENSION OF TIME FOR TEMPORARY PARKING LOT PERMIT: LDR Section 2.4.fi(F)(3)(e)5. requires permits for temporary parking tots to be issued for one-year periods, with renewals annually up to a maximum of 3 years. Pursuant to LDR Section 2.4.7(6)(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) Shal! not significantly diminish the provision of public facilities, (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver to Section 2.4.6(F)(3}(e}5, to allow an extension in the time frame of the temporary parking lot permit up #o a maximum of 5 years meet all the requirements of 2.4.7~B}(5)? Yes / No Ill. WAIVER TO ALLOW USE OF ASPHALT FOR THE TEMPORARY PARKING LOT PAVEMENT SURFACE: Per LDR Section 2.4.6(F)(3)(e)$., atemporary parking lot shat! be constructed to the following specifications: The parking lot surface shall be brought to grade with adust-free surface of one of the following materials over soil which has been compacted to 95% maximum density per AASHTO T 180: 2 City Commission Meeting from June 1, 20'10; Item 9.A. * four inches of crushed limerock or shellrock coated with a prime coat per F'DOT "Standard Specifications for Road and Bridge Construction", latest edition; four inches of peacock, gravel or river rock; or * six inches of mulch. 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 nat adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shali 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 simiiar circumstances an other property for another applicant or owner. Does the waiver to Section 2.4.6(1=)(3)(e)8. to allow the use of asphalt for the temporar}~ parking lot pavement surface meet ail 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 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. 5. Based on the entire record before it, the City Commission approves / denies the waiver requests to LDR Sections 2.4.6(F)(3)(e)~ ., 5. and 8_ 3 City Commission Meeting from June 1, 2010; Item 9.A. e • ~ fi. Based on the entire record before it, the City Commission hereby adopts this Order this 'i st day of June, 20'tfl, by a vote of 5 in f vor o opposed. ATTEST: Nelsan S. McDuffie, r f Cheveile Nubia, City Cleric 4 City Commission Meeting from June 1, 2fl1f}; Item 9.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR THE ESTA6LISHMENT OF A SCRAP METAL RECYCLING AND STORAGE FACILITY KNOWN AS DELRAY SCRAP RECYCLING AT '1220 POINSETTIA DRIVE 1. This conditional use request has come before the City Commission on June 1, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the establishment of a scrap metal recycling and storage facility known as Defray Scrap Recycling at 1220 Poinsettia Drive. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and If. !. 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 ~ Na b. Concurrency: Goncurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision af, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid was#e and schools? Yes ~ No City Commission Meeting from June 6, 2410; Item 9.B. Il, l_DR REQUIREMENTS: Pursuant to I.DR Section 4.4.2t}(©)(16~, scrap meta! recycling, when all operations and storage are in completely enclosed building, which generates no emissions, and which does not create a noise disturbance in violation of Chapter 99 of the City Codes require conditional use approval. A. LDR,,Sectio~_ 2.4.5~E} Required Findings: tConditional Use): Pursuant to Section 2.4.~(E){5}, in addition to provisions of Chapter 3, the conditional use will not: t'_ Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Nor that it will hinder development or redevelopment of nearby properties, Will Section 2.4.5~E;(5) be met subject to the attached condition? 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. 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. B. Based on the entire record before it, the City Commission approves / denies the conditional use request subject to condition of approval attached hereto. The City Commission hereby adopts this Order this Est day of June 2010, by a vote of 5 _ in favor and 0 opposed. ~g~'t_ ~ ~ Nelson S. McDuffie, M ATTEST: ~. Chevelle Nubin City Cleric City Commission Meeting from June 6, 201 Q; Item 9.B. a. CONDITIONS OF APPROVAL FOR THE ESTABLISHMENT OF A SCRAP RECYCLING AND STORAGE FACILITY FCNOWN AS DELRAY SCRAP RECYCLING AT '122U POINSETTIA DRIVE 9. That no storage or metal products or material of any kind is permitted outside the building and that all loading or unloading of scrap metal shall take place inside the building and all vehicles awaiting unloading are to utilize parking spaces immediately adjacent to the bays and along the nflrth side of the building, until space is available inside the building to unload. City Commission Meeting from June S, 2010; Item 9. B. r IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DEIrRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEAGH, FLORIDA WAIVER REQUESTS ASSOCIATE© WITH THE CLASS V SITE PLAN APPLICATION FOR CANNERY ROW LOCATED AT THE SW CORNER OF PINEAPPLE GROVE WAY AND NE 4TH STREET 1. This waiver request came before the City Commission on-June 1, 2010. Z. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining td the waiver requests for Cannery Raw. Ali of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAVER TO REQUIREIUIENT THAT-EXTERIOR WALLS NOT EXCEED $5°10 OF "I'HE LENGTH OF THE ARCADE, PORCH, LOGGIA, OR BALCONY ON BUILDINGS WITHIN THE DOWNTOWN AREA: LDR Section 4.6.18{B)(14){iii}{1){b), requires that exterior walls or vertical surfaces shall not exceed 86°Io of the length of the arcade, porch, loggia, ar balcony. I~ursuant 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) Shat! not create an unsafe situation; and, {d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver to Section 4.6.18{B)(14){iii){9){b) to allow small balconies that are less than 15°Ia of the exterior wall width meet a!I the requirements of 2.4.7{B)(5)? Yes / No 1 ll. WAIVER TO ALLOW AIR CONDITIONING UNITS TQ BE SCREENED BY LANDSCAPING: Per LDR Section 4.6.18{B}(14}{v}{3}, miscellaneous free standing, waif ar ground moon#ed appurtenances such as electrical and gas meters, dumpster/recycling, trash compactors, gas tanks, air conditioning and communication equipment shall be enclosed or screened and integrated into the building's architectural treatment. The appurtenances shall also be prohibited within the front yards. 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 signifcantly 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 an other property for another applicant or owner. Does the waiver to Section 4.fi.113(B)(74)(v)(3) to allow screening of air conditioning units by landscaping meet all the requiremen#s of 2.4.7(6)(5}? Yes ~ No III: WAIVER TO AMOUNT 01= PRIMARY COLORS ALLOWED ON EACH BUILDING: Per LDR Section 4.6.18(B){14}{v}{Z}, a` maximum of 4 primary Walt colors an each building is required. 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) Shaft 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 for another applicant or owner. Does t#~e waiver to Section 4.6.18(B}(74)(v}(2} to allow 9 primary wall colors on each building meet all the requirements of 2.47(6}(5)? Yes ~ No 2 r 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original devebpment 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 can°~petent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including bu# 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 !l denies the waiver requests to LDR Sections 4.6.18(8}(14}viii}(1}(b}, 4.6.18(8}(14}(v)(3}and 4.6.18(6}(14}(v)(2}. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 1 st day of June, 2010, by a vote of~_ in favor ATTEST: Nelson S. McDuffie, Chevelle Nubin, City Clerk 3 r IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR ATLANTIC OCEAN CLUB ORI3ER OF THE CITY COMMISSION OF THE CITY OP 13ELRAY BEACH, FLORIDA 1. This in lieu parking fee request has come before the City Commission on June 1, 209 0 from the Atlantic Ocean Club. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request far the Atlantic Ocean Club. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection 1. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4,fi.9(E)~3), when additional parking is required for a change of use and it is impossible ar inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. Does the In Lieu Parking Fee request far eleven spaces meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? That 8 s aces be rovided offsite. Yes / No 3. The City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Pian and Land Development Regulations. 4. The City Commission finds there is ample and competent substantial evidence to suppark its Endings in the record submitted and adapts the facts contained in the record including but not limited to the staff reports, testimony flf experts and other competent witnesses supporting these findings. 1 City Commission Meeting from June 1, 2010; Item 9.D. .~ ~ / 5. Based on the entire record before it, the City Commission approves denies the in Ileu parking fee request as se# forth above. 6. Based an the entire record before it, the City Commission ereby adapts this Order this 1st day of June, 2090, by a vote af~5 in favor a 0 opposed. ATTEST: Nelson S. McDuffie, Chevelle Nubin, ity Clerk ' 2 City Commission Nleefing from June 9, 2090; Item 9. D. Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 7, 2010 SUBJECT: AGENDA ITEM 6.A. -REGULAR COMMISSION MEETING OF JUNE 15, 2010 .IUNETEENTFI PROCLAMATION ITEM BEFORE COMMISSION A proclamation recognizing Juneteenth on June 19, 2010. httpa/rniweb001/AgendasBluesheet.aspx`?ItemID=3390&MeetinglD=262 6/11/2010 WHEREAS, Juneteenth is the oldest known celebration commemorating the ending of slavery in the United States; and WHEREAS, the Emancipation Proclamation, an Executive Order of President Abraham Lincoln, which in substance, ended the practice of slavery in the United States, was made effective as of January 1,1863; and WHEREAS, the Emancipation Proclamation was difficult to enforce in Texas due to the small number of Union troops available; and WHEREAS, it was not until June 19, 1865, when Union soldiers, led by Major General Gordon Granger, landed at Galveston, Texas conC~rmed the end of the Civil War and enforced the Emancipation Proclamation; and WHEREAS, One-Love One Community Foundation, Inc., a Florida not for profit corporation ,desires to share the history of Juneteenth with the residents of the City of Delray Beach and promote its objectives of education and self- awareness for the African American community; and WHEREAS, the first annual Juneteenth Festival in the City of Delray Beach shall be held on June 19, 2010, at Old School Square. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the June 19, 2010 as: JUNETEENTH in Delray Beach, Florida and urge all residents to attend the Juneteenth Festival and to embrace and welcome all that it offers. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Sea] of the City of Delray Beach, Florida, to be affixed this 15t" day of June, 2010. NELSON S. McDUFFIE MAYOR Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 11, 2010 SiBJECT: AGENDA ITEM 6.B. -REGULAR COMMISSION MEETING Oli JUNE I5, 2010 RECOGNIZING AND COMMENDING JOHN J. WALKER PROCLAMATION ITEM BEFORE COMMISSION Recognizing and commending John J. Walker httpa/miweb001/AgendasBluesheet.aspx`?ItemID=3418&MeetinglD=262 6/11/2010 WHEREAS, John J. Walker, a local general contractor, builder and longtime resident of Delray $each, was born on February 18, 1925 in Johnson City, New York and departed life quietly on March 11, 2010 in the hospice unit at Delray Medical Center; and WHEREAS, Mr. Walker, is survived by his beautiful wife Helen P. Walker of 62 years, one daughter, Cynthia Walker Crowley, two granddaughters, Cady II. Walker and Carey M. Walker, one godson, ban Reidy and a host of nieces and nephews and; WHEREAS, Mr, Walker served in the United States Navy during World War lI and after the war he was offered a job with 1BM in New York. Later he moved to Fart Lauderdale, Florida and became a successful general contractor and developer; and WHEREAS, in the late 1960's, Mr. Walker came to the Delray Beach area and saw potential in an undeveloped area west of Congress Avenue, east of Military Trail along Linton Boulevard. Ide purchased the land and built multiple family units, which is now called "Shady Woods." During the construction of Shady Woods, he became intrigued by some additional ]and behind the development and later purchased the 125 acres of land; and WHEREAS, in the early 1970's, Mr. Walker constructed a golf course on the 125 acres of land and several lakes. As the lakes in the area became the signature showcase o£ the property he decided to name the area Lakeview. He also built his home northwest of the sixth hole near the lake he called "Lake TIelen' as a tribute to his wife. Iri 1972 Lakeview Golf Course, an 18 hole executive length golf course, was open far business. WHEREAS, in the 1980's, Mr. Walker sold Lakeview Golf Course to a company called The Tens, which became their affectionate nickname -being ten families. 1VOW, THEREFORE, I, NELSON S. MCI~IJFFIE, Mayor o£ the City of Delray Beach, Florida, on behalf o£ the City Commission, and the Citizens o£ Delray Beach, do hereby posthumously mcognize and commend: ]OHTi ]. WALKER and call upon all present to acknowledge and applaud his longtime outstanding and exemplary dedication, multitudinous contributions and accomplishments to the City of Delray Beach, its residents and his community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the O££icia] Seal of the City of Delray Beach, Plarida, to be affixed this 15'h day of June, 2010. NELSON S. McDUpI.~lE MAYOR Page 1 of 1 MEMQRANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: June 9, 2010 SUBJECT: AGENDA ITEM 6.C. -REGULAR COMMISSION MEETING OF JUNE 15, 2010 NATIONAL CLEAN BEACHES WEEK PROCLAMATION ITEM BEFORE COMMISSION Proclamation recognizing July 1-7, 2010 as National Clean Beaches Week. http://miweb001/AgendaslBluesheet.aspx?ItemID=3402&MeetingrD=2b2 &Il 112010 WHEREAS, the Qean Beaches Council, as part of Great Outdoors Month, has designated the Lek beginning July 1, 2010 as National Qean Beaches Week; and WHEREAS, beaches represent a critical part of our natural heritage and a beautiful part of the American lancl`SCape; and WHEREAS, beaches are sensitive ecos~texx~s, susceptible to degradation and alteration firm climate change, erosion, natural fozres, untreated sewage, litter and improper use; and WHEREAS, communities and government have ~1 significant irteastu~es to keep beaches clean and healthy, and WHEREAS, 180 million Americans make nearly 2 billion annual trips to the ocean, gulf and inland beaches and contribute over $640 billion annually to the local, state, and national economy; and WHEREAS, 75% of all recreational activity occurs within a half mile corridor around the shorelines of our beaches, rivers, and lakes; and WHEREAS, coastal tourism and healthy, fresh seafood fuels robust economies - sustaining communities and supporting jobs along the coastal United States. NOW, THEREFORE, 1, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commi~.gion, do hereby proclaim )uly 1-7, 2010 as NATIONAL CLEAN BEACHES WEEK in Delray Beach, Florida, and encourage all residents to visit, enjoy and protect our greatest natural resource. IN Wi(TNES5 WHEREOF, l have hereunto set my hand and caused the Official Seal of the City of DelrayBeacry Florida, to be affixed this 15th day of rune, 2010. NELSON S. MCDUFFIE MAYOR Page 1 of 1 MEMORANDUM TO: Mayor 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: June 10, 20 i 0 SUBJECT: AGENDA ITEM $.A. - REGULAR COMMISSIQN MEETING OF JUNE 15, 2010 REQUEST FOR SIDEWALK DEI"ERRAL1201 VENETIAN DRIVE ITEM BEFORE COMMISSION Acceptance of Sidewallc Deferral along Venetian Drive for property located at 201 Venetian Drive. BACKGROUND Property is located at southeast corner of Ingraham Avenue and Venetian Drive. Applicant submitted a Building Permit application to replace existing parking lot with brick pavers. Normally we would require sidewalks to be constructed in this type of situation; however, in this case, back out parking exists that extends into the right-of--way which would cause the parking spaces to extend into the sidewalk area. Any future changes to the parking area that would accomodate construction of the sidewalk would trigger the requirement for sidewalk installation. RECOMMENDATION Staff recommends acceptance of the sidewalk deferral. httpa/miweb001/AgendasBluesheet.aspx7ltem1D=3412&MeetingID=262 6/11/2010 Prepared By: RETURN 'l'O: R. Brian Shun, Esq. City Attorney's ~ffiee 20o N.W. lst Avenue Delray Beach, Florida 33~1~i4 AGREEMENT FOR SIDEWA~T.X~ ~11~PROVEME~iTS THIS AGREEMENI` entered into this ~ day of f 20~~ between the City of Delray Beach {hereinafter the City} and ~~J(~~S CD~~~~f~ {hereinafter the Owners), for the pu~~ose of waiving the requirement of the installation of a sidewalk along ~~~ ~~~'~ ~- , until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 5.1.3{C) requires the installation of a sidewalk, within the r`I ~. ~ ~~ , right-of way it~nmediately abutting the subject property, by the Owner prior to the issuance of a certificate of oce~ipancy; and, WHEREAS, the Owners have requested a waiver from the requirement Qf the installation of a sidewalk pursuant to Land Development Regulation Section 5.1.3{D){1}{b); and, WHEREAS, in order to provide confoxmity 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 sidetivalk. C: lDocuments and Seitingsllempl~~Iy 1~ocumentslstdewaik defert~/ agmt.doc ~'TTNESSETH N~O'LV, THEREFORE, in witness of the above and in consideration of the City agreeing tv waive the requirement for the installation of a sidewalk, at this tune, for the property located at: _. ~ 1 ~ -1.x'3 - ~'rb .-.. ~ ~- -- -~, ~ o~ p ~- 4 0 1 Q ^` 1. Tl~e Owner agrees to construct a sidewalk, at its sole cost and expense, along the ~`~5~~~~ ~~~ right-of way abutting the subject prope~•ty, within a tirne period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when canstll~cted, shall meet all of the current ordinances of the City of Deh~ay Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN ~NITNESS WIIEREOF, the parties to this agreement set their hands and seals this day of-~ . 20a . ATTEST: CITY OF DELRA.Y BEACFI, FLORIDA City Clerk By: Mayor Approved as to form ar>,d sufficiency: City Attorney C:1Dncumenis acrd SettingslleinplMy Daerrmerrtslside-valk defer~rl agent. dac WITNES OWNER: By: l~1fi{~ 1~~~5 ~, ~~JS~~ GGf~ {Ple e or t n ~ p~'T~/~', ~ , G'QJT ~L~rJ {Please type or print Warne) STATE OF ~ ~.c~ntc~G 1 COUNTY OF o ~ i ~ E personally appeared ~ S-(~to who [is] [are] personally lcno to me or [has] [have] produced [and ,respectively] as identification, and who executed the foregoing instrument, and acknowledged befoxe rrze that [he] [she] they] executed said instrument for the purposes expressed therein. WYTNESS my hand and official seal this. _~ day of 2~~ . My commission expires: si a#ure ,,~`i~~q"~• P1s~~fA~t1yR xC ~y f*: ,r F1YCU?~thi€S310NeI306f0899 ~y ~~~ ~kPI~~S:fe6raary 18,2011 ,' ~ 8ai6ed ihr~Naary~fi~baUndenm'ers (Seal) ~~ agt~sidewalk deferral agreema~t C:1Doeumenls and 5'e/lingsSlemplbly 1?ocumentsLsidewalk deferi~rl agml. doe a Q z 0 Q 0 J ~a v rrrr~ur m- ~~~o r° ~~cs,o ~° ~~ ~,. v_ ~~ ~,. .~ .F+ d r O N U m 0 0 0 N r Page 1 of 1 MEMORANDUM TO: Mayor 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: June 9, 2010 SUBJECT: AGENDA ITEM 8.B. - REGU~,AR COMMISSION MEETING OF JUNE 15 2010 ACCEPTANCE OF A RIGHT OF WAY DEED/95 S.W. 5TH AVENUE ITEM BEFORE COMMISSION Commission acceptance ofright-of--way dedication at 95 S.W. Sth Avenue. BACKGROUND Dedication of a XO' x 10' corner clip is required at the northeast corner of SW 5~~' Avenue and SW 1st Street to accommodate a sidewalk and ensure compliance with sight visibility requirements. See attached summary from Jeffrey Costello, CRA's Assistant Director, for additional information. In addition, the attached sketch provides a drawing of the right-of--way to be dedicated. RECOMMENDATION Staff recommends acceptance of the right-of way dedication. http://miweb001/AgendasBluesheet.aspx?ItemID-3400&MeetinglD=262 6/11/2010 Prepared by: RETURN: R. Briau Shutt, Bsq. . City Attorney's Office 200 N. W. l st Avenue Delray Beach, ljlorida 3344 PINT # ~.~GxT-o~-wA~ ~E~~ THIS INDENTURE made this 25th day of May, 2010, beiweert DELRAY BEACH CCfM15~IUN~TY REDEV'ELOPIYYENT AGENCY, with a mailing address of 20 N. Swinton Avenue, Delray Beach Fl., 33d44, as patty of the first part and Cl[TY OF AELRAY BEACH, FLORIDA, a Florida mr~nicipal corporation with a trailing address of 100 N.W. Ist Avenue, Delray Beach, Florida 3344, as parry of the second pact. WiTNESSETH: That said patty of the first pant, for and in consideration of the xxtutual protniscs hexeirt contained and other good and valuable consideration, does hereby grant, t•etnise, release, quit claim and convey unto the party of the second part, its successors and assigns, all tight, title, interest, claim and demand which the party of the fu•st part has in and to the fallowing-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" atfiached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, aright-of~way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; and is trade, executed and delivered with the expxess understanditzg and condition that should the satue ev~:r be discontinued or abandoned as a public highway or streefi, the title to same shall thereupon revert to and xevest in the patty of the first part or assigns, except that the easement for public utility proposes shall remain until released. That this tight-a£ way shall be subject only to these easenrents, restrictions, and teservatiatt of record. The party of the first part agrees to provide for the release of airy aad all mortgages or liens encumbering this right-of--way, The party of the first part also agrees to erect rte building or effect any other kind of construction or impt'ovements upoxt the above_described property. Party of the first paz-t does hereby fully warxant the title to said land and will defend the sane against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful azzthority to grazzt the above-described right-of uray and tlxat the same is unencumbered. '`?Vhere the context of this Right-of Way Deed allows or permits, the same shall include the successozs or assigns of the paz'ties. TO HAKE AND TO HOLD THE SAlv1E, together with all and singular the appurtenances thexeto belonging or in anywise incide~zt or appertaining, azzd all the estate, right, title, interest, axzd claim whatsoever of the said party of the frst part, in law or iai equity to the only proper use, benefit, and behalf of the said party of the second pax#, its stzccessoxs and assigns. Il•F WITNESS WHEREQF, said party of the first part has hereunto set their hand and seal the date first above wz-itten. Signed, sealed d delivered in e prdse ce f ~~ r (Name printed or ty ed) (NaXrze printed or t~ped) STATE OF ~L1]~f?~ COUNTY OF . ~ L /'t?.. ~ fn ~~~6/ PARTY OF THE FIRST PART By: 7~~ ~~ti~ ~~~~f (Nance printed or typed) (Address) The foz~egoing instz'uzxtent was aclczzowledged before zne this /~~ day of ~ ~"`~ , 201 i~, by ~ ~ .=tea ~. ~ ~~r s who is personally lcno to . or has produced as identification. ,~~~~~,. JEAN FA04RiiFtfLD ~; e~,' Notary Public • State of flarida - * .~ ~y Comm, Expires Jun 22, 2flt3 • + ~'^~~. 'P;= Commission # DD $64701 '~~~,4,;,t~'~ Banded thrnnyh NaEionai tintary Assn. C r.. d~~ ~ ~(. Signet ~ of Notazy Pu lic - State of Florida 2 sK~T~~ ~~ ~~sc~~~ r~o~v EXHIBI T 'A" ~ SHEET ? OF 1 o N fl ~.. ' Q 2Q0 ~ w ~N ~~ ~~ ~~ LOT 2S BOCK ~9 ~i ~ o ~- ~ ~;~ , o ~ N55°26'15"ICY SOUTH LJNE ' Z ~ ~ 28 cry o LOT 1Q00' ifj S.W. CORNER LOT 28 AND ~ POINT OF BEGINNING _ ~ _S. ~! _1ST STREET _ DESCRIPTION NOTES.' THAT PORTION OF LOT 28, BLOCJC 29, RESCIBIJIV1S10N THIS JS NDT A SURVEY OF BLOCKS 29 AND 37, ACCORDJNG TO THE PLAT THEREOF AS RECORDED !N PLAT BOOK 9, PAGE 6S, ~ =CENTERLINE PCIBLJC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRJBED AS FOLLOWS THE SOUTH L111~E" OF LpT 28 lS ASSUMED TD BEAR BEGINNING AT T11E SOUTHWEST CORNER OF SAID LOT N.90°DD'DD'E 28; THENGE N.9D°DO'DD'E, ALONG THE SOUTH LINE OF SAID LOT 28~ A DfSTANGE OF 10.00 FEET THENCE N.55°2S'15"Yl!, A DISTANCE OF 14.25 FEET T4 A POINT ON THE WEST LJNE' DF SAJD LDT 28; THENCE SO°51'4D'E, ALONG SAID WEST L11UE; A DISTANCE OF 1D.00 FEET TD THE POINT OF BEG11~1JNG. PAUL l~, FNGLE SURVEYOR &' MAPPER X5708 DATE' MAY 5, 2010 ORDER N0, 01-53EA Meeting Date: May 13, 2D1 D Agenda Item: J5 SW 5Tn AVENUE RARKfNG LOT - RIGHT-OF-WAY ®EE© Pursuant to the CRA's Work Plan for FY D9-1 D, the CRA is processing a site pian for a 7-space parking iot at the northeast corner of SW 5t~` Avenue and SW 1st Street. At its meeting of March 24, 2D1 D, the ,Site Plan Review and Appearance Board approved the site plan for the g5 SW stn Avenue Parking Lot subject to conditions, inciuding the dedication of 1 D' corner clip, prior to certification of the site plan. The right-of-way dedication is required pursuant to the City's .and Development Regulations Sections v.3.1 (A) and {D). The dedication will accommodate the sidewalk and ensure compliance with the sight visibility requirement. Simiiar dedications have been provided with other redeveiopment projects. The City Attorney has reviewed the right-of way deed for legal sufficiency and form, and determined it to be acceptable. Rncammended ,A.ctiran; Approve the attached Right-af-Way Deed for the 9~ SW stn Avenue Parking Lot project. ~ubm~t~ed ley; Jeffrey A. Costelfo, Assistant Director d a a Q z O Q U O J - ~j~ ,1 ~~ ~; ~E~ ~~ ~ M ~s. ~..i- 4~: k ~~ ~ Y"ut '~' ~C ~~~-:~' ~~a b ~ ~ wr_ ~ ~ ~ ~~ ~ , } ~ ~ . j ., ~F .N4~ ~+~ f t ~. ~ ~ ~k .. ~- ~~ - .~ +IF4 ~'+ .~ ,, f '' +~ ~ "Y ~r~ VJ C~ U f~ N m _~ L O r O N CD Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Maj tenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: June 4, 2010 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF JUNE 15 2010 SERVICE AUTHORIZATION N0.07-04.11KIMLEY HORN AND ASSOCIATES, INC./MLK BEAUTIFICATION ITEM BEFORE COMMISSION Consider approval of Service Authorization #07-04.1 (Amendment 1} to Kimley-Horn and Associates, Inc. in the amount of $56,400.00 for professional services in designing a reclaimed water transmission and distribution system for the Martin Luther King Drive Beautification project. The system will provide irrigation fox all the landscaping elements proposed in the project as well as the city attorney block, City Hall and the Community Center. The system will be designed so that Pompey Park, Spady Elementary and the Tennis Center can be added at a later date. BACKGROUND In June 2009, Kimley-Horn and Associates, Inc. (KHA} was awarded Service Authorization #07-04 to design the street beautif cation elements based on the approved master plan. The cost of services was $110,000. The project is complete and out to bid. To provide an alternate means of irrigation for all the landscaping elements, staff {along with the CRA) is proposing the use of reclaimed water. This service authorization is to design a transmission and distribution system to serve the MLK Drive corridor. A tap is proposed on the 36" reclaimed transmission main (the ocean outfall line) at the intersection of NW 2nd Ave and NW 3rd Street (northwest corner of the City Attorney's lot), proceeding south on NW 2nd Ave to MLK Drive, and west to NW 12th Ave. The design will incorporate stub-outs to accommodate future connections from the main to potentially serve City Hall, the Community Center, Pompey Park, and the Spady Elezxaentary School. Scopes of services consist of surveying, design, and construction documents. Total cost for Service Authorization #07-04.1 is $56,400.00. FUNDING SOURCE Funding is available from account #441-5181-536-65.96, Water & Sewer Fund/Reclaimed Water httpa/miweb001lAgendas/Bluesheet.aspx?1temID-3386&MeetinglD=262 6/11/2010 Page 2 of 2 Transmission. RECOMMENDATION Staff recommends approval of Service Authorization #07-04.1 to Kimley-Horn and Associates, Inc. in the amount of $56,400.00 for professional services relating to the design of a Reclaimed Water System to provide irrigation to the Martin Luther King Drive Beautification project, PIN 2004-056. http:/Imiweb001 /AgendasBluesheei.aspx?itemID=3 3 86&MeetinglD=262 611 1120 1 0 ~ ; ;i ~1~y~H~r and Ass~ates; lnc: C~NSIJI:'TING SEitVI+CE DATA; 7uue 8; 2QlQ Al1'.~IfIRl<7AT1 ~N' SER~ICZ~.ALtTHOItI~ATIDN`NO, 07-04.1 F4R. CONSCII,'T1NCj SERVICES C I'Y P O: I~+O; CT',I"Y E'1JNS1/ CC1D Tliis:,Seruice Authonzatian; when ex~uted, shall'be incarp€,rated in and shad ~ecazne:an integral part of See :Authorization U7~(?4,1,as s€pproved by-City ofI.7elray 1'3each Coin~iassior~ fln Time l fs :2010. 7~I~N 4F I'LAIwIS F~It A RECLAiME~ 'V1!A'i`ERMAII~T l~imley-I~~rn an;Associates, Tnc (K~IAj and the Delray Beach CRA(CR~1,) are izt:tle I':l design: stages for beautification i~art~~~ents: along Martin Luthex King Drive:in Delray' Beael"i. TheeCaty o~.I?elray Beach liar asked KHA, to incorporate the design of a reclaimed uratermain into the beautiication piro~ect that wi11 provide irrigation water foi the landscaping zrcvernents, KH~1,.as pleasehl to submiti this service authorization request to the City of D~Iray Beach ~"Cliezzt'' or "pity'°) for prodding design setviees assoeiatecl with preparing plans for this reclaiaeci watermain. Our project undezstancling; scope ofs"ervices and fee fcillow. IPRC}:7EC'1€' UN~ERS~'~NDIN ~s part b~tl~e M~rtinLuiher Ding Blvd. Beautifzcation'1'roject; "it was ceterii~iiied'by the City of Delray-Beach that a reclazxned wate~'tnair~ should be extended throughout the praject,area. to serve several" Iarge izri~7ation custorrter5-as well'as "City facilities aril future.proj.ects. Users that vvlll tie c©~iiiectcd ro the new reelainaecl waterrnain ix~cludc tl~e.Delray B~aeh Public [Jtilities:Faaility; City Hall and the City Cor~unity:Center: Future users;inelude Spad~* Blementaxy~ Spencer Pompey Park and t1ie,L?~Iray t3each Teirnis !enter: Tlie: City has requested.that Kirnlcy-IToz7i.atitl: Associates, Inc. CIA) provide engineering design servzces fait the construction, cif this reclaimed v~atertnain along the fallowing corridors; NW 2nd Avenue betw.eeriNW 2~"~ Street and NW 3~' St"teat. ~I W 2"~ Street (MLK) ;het~s+een ~V 2'~ ;~;venne an~i NW 121~'.Aven.~e K1IA will be p~rtavided demand ~6rination for pater~tial. customers .and. futnir~ projects :so that the pipelaae can be appr~ariately sized:to accammt~date fatue demands. Sttrve~°ing ~vill,be performed an l~~Vtr ~ Avenue to compliment the survey infortnati©n that was:prrviously;gathered along NW ~'~ Street to supgort'tlie beauMcatit~n project. we understand that the City vvoitldlike-the streetscape teautzcatic~x~ contractor tri-G[instruct:.this pipeline using oz~e of the City's pqual~fi~d underground contractors. 'I}ue to the sc~i conic of the beautiicaton prciject, the.reclaimed watertnain vuill be"constricted by issuing a {charge Order to the confractor selected to constract' the beauticati?on ixtzprouemertts. It is understood-that the project t~ ~xpectecl to go "tct:construction in September 2Q10. Bid l•'Iiase azad Construction Phase assistance.far tlze:reclairn;ed watermainportion of'the project is .not requosteci: at his aline. K;ll~i'P£3 ~ivi[1GenciallScl~nncnlPiroposalsi[~~1xay Bea~hVvILK ICS dine Frog 3,doc Page t pf. b SGf7PE QF S~RVI!~~S 'I'~sk 1. -~~~:5u~vey KH1~ will retain a;subeorisultant to perform the:~dditit~nal .survey needed along leTW ~'~ .Avenue l~etweerr ~ ^~~ street ahcl N~ ~~ atreet. The: survey wrl contain right +~f rYay_, lcri~iwn and observable utility infarrmaticin, visible aboveground ixnproverrents ~vitliin the-riht:of way, topographical anfc?rmatibu'ozr SQfoot: ntexvals, spot elevations:arr grade break, high paints= and low points; T1~e surveyor u~i11 also establish up to: fear benchmarks for fut~~re use iii :the -field, Htrrirontal and vertical datums mill match the existing survey dat`utns. Abaseline v~zll.also be esfablislxed to assist in fhe constrirctioit t~f the reelaiined waterrnain. The survey sitbconsultant will a1s~ obta-n uivert elevations of the: starmwater and sanitary stiriYCtur`es along 2`~ Street ttetwcen NW'2~a Avenue, and N'6~ 1.2~' Avenue to aid :in the vertical alignm~nt.desgn:of the.reclaimed wat~zx~in along this corridor: T~s~ 2 - S~bsui~'ace [Tfili#y Ynvestlgatinn KHA will retain n. sail co~sultt :tg vefy tl~e hoizcrntal arxd'vertica] locat%ons o~ the'existrrg utilities within the. corridor where the proposed: reclaiz~i~ watt;rmain::couid iriterf~;re wrath existing utilities. LTp to 4Q pothale:loeatciris wig be coordinated and rile locatians,nbtaixted ~o assist yirilh rite. development ot'rhe ccrostrcton drawings:. Qs~ce tire pafl2dle informatiari is obtaiired, the resit3.ting data rovi11 he added to thecozrstzvctivn drauFings std utilized: as part of the d#;sign process: T`~ask ~ -~ Pretiuumarry Ct~~tstr~ction ~r~neuts Z:7sing the-.data gathered ir-. Tasks;:l axrd Z: ~,:KH~, will praceed;wth the reclaiztaecl vvate~iairi desig~~. The City will provide-all their exastizag record Arid as=Built iraforznatat~n along the affected ~coirdors; pirojectecl system. dexriand ibfom;atiort,. meter connection:,point locations for all future users and-system pressure %riformation to BHA do support rile design effort.. Using than information fror~n the Ciiy; KHA will establish tie appropriate pipeline-.size throu,~i use of a sizztple hydxaulie model. The rrradel w:il~ b~ develaped;with V~aterGFlVt~ so'are. ®nce the pipe. sizes are es#ablished; the.generalhorizontal°and'vertical aligcunent ofthepipcline, itaterial type, spccifieations, service, and meter locations will be cstabaisiied. along'thecorridor. It is understood thatappropriate valves arzd pipirtg skull"be:instailetl lit side street locafors: for ease of future svzru~ticans and r~lairried. waterr~aisr extensions: Appropriate ser-~~ices will be installed do allow those cirstcrrziers: with, motets that.. are located along the affected eorriikors to ec~invert their irrigation~systern to reclaimed systems as they d~sirc KHA will receive-all the standard utility details apd speCZficatoi~s f'ronri the City for inelusicin in the:plans. No batik specihcatiozs vrll be provided fad this proieci; It is undeistflod: twat the source of the rlaime<k water wilTbe an existing 36" ~'l" effluent laic that currcritly prdvdes, reclaxzned water to.the'barrier island. "t'l~ location of fhe tap rill be at the: interser;tion.af l~'W ~~a Avenue.ancl3 Street. AR.er rite tappingvalve; a contr~rl-valve will be K:1WPB (ivill~snen~kl5chxnentPrepnsa~slf)edrayBeach[ENE.KIQIatrePet~p,3;~ac' I'ag~2ofb i~ml~y~~am .installed:that will l~e`cann~teci to the City's teletietry system at the p~zblcutilities site on NW 2'~ Auenue. The powerr source for this valve wi11 also tie located at #]Sis facility: The prelirninazy dra~t~i~gs will be prepared an a 1,~ 30' scale-:for the plan view drawings. The reclaimed waterraain mill.tie shciwra in plea view only with apprpximatc pipe length d fitting: cluantitzes identified.. 'Che plans gill, consist cif a covor sheet,. general nat~ slier upto five (5} double,plan'sheet~ and tlte:City'standard tztd~ty detail: sheets.. KIIA will submit five. (5~ sets of fhe preliminary plans .far review. ~. will;attend cane ~eetitig with. City s#aff to discuss their comt~aeaats:after the ds~uraents are subxn#t~ for review. 'T~HA willnddress-one zouncl of re:~sonale eommeats riiade lay ~~:~ity to finalize the prelinina plans: KHA will perform-one (1}stte visit dezritl;this task to abserve the existing opportaitities and constraints tl~at_inay affect tlio desk, Task 4 - vital Consi~rexMuu Diacuzinents Based on tt~e alignment of the pipelinepres~nteil in the prelmiiaaty design, KIIA. ~uili prepare final ecsiistr~tion ziocurnents for: ~e project Alvhg wt1~ the:ftnal constructit~n pups:,. KT~1 will. prepare a Biel itemlist of materials aad' quantities .that will be used in the preparation of tho engineer's apinian nl'probable eatastruetion costfor the project. KHA will submit'ten (10) sets of dal canstrEictit~rt documents for. use,by'the selected contractor to prate the ~hang~ Qrder and to cflnstruet the project. This task includes a rz~a~iinutn of one.' meeting with tie -City.. ASS[TIVIp'TI~I~TS L KITA assumes that the City will provide their standard reclaimed systcni teckuieal. specificaticros and design clet~s.' 2: KH~. assutxtes that:'the City will provide record: aid as-buil# ixil'orr~xatian along the affected corridors, projected system demand information, Meter conrieetion point: locations for all 1'utare users, and system presstare infomatiort'to IAA to support the desi;~m:eE'fort. 3: l~A assumes:that tlxe City wilt adit~.istcr the Charge C3rdcr process including ,preparation of tlieoltaage order paperwork, review of all docuixientation, and distribution to affected parti,~: 4. BHA assuneies tit iio xeuse pern~ittiuatg for; major users-will ~ reclui-ed as tli$ project only conterriplates extending a transmission main:., S. 1KH~ assurncs Ebel n€~ pipiit; design beyond fihe meter will be perfarnaed. KFIA further assumes that the Feclaimc;ci zncter IQC.ativ~t will beat Elie i~ght ~of'r~vay Iti~ along the corrida~ tl~tthe raclaime~l'~vatermaau is liking installed... ;No an-site.desigu is ineluried in this prnnosal aor is any design vyithin. any isaadway corridors not descrile irE the.above scope o<° services az~d project unclerstancing. S. Kl~ assumes that the C.'-ity will allow access to.. Public Utilities site to determc details of the control valve electrical service rotate: - 7. It is unclerstaod that; the Ciy will perfartn all bidlcliange order and. construeton.phase services with in hciuse staff. F~H1~-has not, ixict~trled any of these services i~ flips proposal:: 8, KI~iS,, assumes tlsaf we can rely oa the accuracy of infoziriation pr4~rided.. by the City during Yttc gerfortnaace of our professoztal services. K:1WPB CivitOGene~atl5chaxenii'znptasalrlF)eTray Beach114tLK IQ ~.t~e Plop 3;doc Page 3 t~f G " ." "' ~rn~y-H~m ~c1 motes, ltd: ADI~I'~~"ClNAIC, .SER.~It~l~S KH~- believes the.prc~pos,ed scope of servicos'to be generally inclusive of therretinired tads':. However; KHA wilt provide additional services at fhe request ~ftlie pity and: upon receipt of written.aufhori~tion to proceed. BHA dlso will .pxQVde additional s~,yrvice5 that arise c3ue to u~ifores~en circuriistax~c~s with prior written_authar~atian frarn. the Gify. Additional serv'[ces that" we can perforiri upon r~uest of the pity include, but are.not limited to; tyre fallowing;; Hitt Phase Services CestTUCtion l'liase `;~.rr-i Additior~~l :services will:be pe~armed Based cin roposala approved by the pity in; advance ,af the performa~tee aftlsase sezvices. SGI~EDULE KIIA will'b:~in work upozi receiving ~ notice td proceed fromthe-client. We propose the Eo~lc~win~ schedule: ^ Glient'issiies.Ndtice to Pceed {N"~;P)., d pre~ceed 'with s~ivey; data call~tion, and subsurface<utility investigatiotr ~=thin. ~.r°st 30 Clays e Prepare peliznznary design drawings: and deliver to City far review :its-4S days i'repare finial desi~ within 7S days Contra~ti~r;anticipated tti break ground aan"the:pro~ect in mid ~epteinber Z{~lD We will endeavor to it-eet'the schedule a~ outlineii above. Xt':shauld be zioteii that #here are elements in the scli~dule in which KHA: has no direct control aitch.asaccorrun©dating diffcrin staff'schedules in scheduling meetings anel review tin~"~ the City.:The project schedule will lie .adjusted to reflect any delay igthese items, FICA: ANA l~.iT:L1NG KHI~ will provide labor fai~ the services described its Tasks l thrciu~lii Tasl~ ~ for .fhe ~naxi~rium atuount of $5~,~00 and as shown in the attached star hour estimate. I;ab©r fee ~aiC1 be lailled according'ta the current:-rate scliect~zle, which is a part ofthe Ag,~`eerioitt fc~r general ~r~nsulting services and subject to annual adjustrnet-t. Eacpenses billed under tliis'con~xaet.caulc inclutfie in-House dttplicatiri~; local il~ge, facsimiles, postage; express` delive#y serdices, caistructivti drawing printing, and other out~af house prnting_ All peianittuig;" appi~tiori; and siitiilar pirojeet fees viclIl be paid directly by the Czty. K:113t~13 Civic'l1[rend[1SehanenlProposafsU)e(ray:8cachFtVi[.K IQ Lane Prop 3:dcic ~'agc 4 of 6 I~E~y-Hod'? `~y~a :. .__ 3 GAI Et1 ~tA7,l~kGll~E .I~l IV. T~ISK _ _ ll11SC?RTPTTON FEI; Jjlf'i SLIt~~~ ~. ~7~$~ ~ ~lt~SUr~aEe Utilit]~ Il1ti!~Sti~,~tloTl ' ~ 1 ~,~~~ 3 Prelliniri ~~inStritCtian Docuin~ztS ~~ 1 ~~~~ ~l Final Cozistxuction Doeumerits X4;600 `T'his service authottioti'is approved.. co~t~igo~:t upon the. pity's acceptanoe €~f anal sa#~sl'aet.on u!ith tli~ completion of ttze sergces reriderecl ire the previous pl~as~ ar as encciriapassed,~y the previous: service authorization. If tl~e pity in. itsi sole tifseretion is unsatis~ie~ ~itl the ser~rices. pxovided r~i the previous phase: or seivice autho~izatior~, the pity may tei-nuziate the :contact without iricttrein~ arty further.liability: The CairTSUi TA:NT shall cpz~tr~ence ~vrk air this service authorization upon approval '~~ the pity C~minissc-. K!lWPB civil!diesx~all~Sclianenit'rct~osalsll7etray BeacfiW Lid IQ Tine Prep ~.dnC Page S of.G ~ nley-Hom ... ar~d Ada#~~; Ir~c. Approv~'by: ~pgro~ed as ti~ ~e~~ Sufficiency and ~o~ BED' R~ M~; the fore g instrument, tlu~ dayof ~.~-~ zo~Q. was acknowleiigeel by ~~V j~ ..~:4~, ~~• cizz tt~half of tie GQiporaton; and said person e~tecuteci €he same fr.anr~ vol~zntarily for tb~ Phase here-in ex~resseil: Witness my hand ~~. ~ the CQUnty and. State aforesaid this ~~'` day cif' q (;~11„9'L.. y 20:10, Notary Public Mate a~"F1oxi. ivly Corn~i~sian.E~pires: ~ ~-~ ~ y1Sit'tl ii/~ K:tVi!i?B C3vi11Ceuerall5cliane~a~Pi~aposals~eliup Beael~lll~i[K iQ Life PrtiP 3.do~: ~i ~i ~_ a d w, d W ~ :~ ~ N ':~ s6 .y H' e.- ~ ~ ~ -. ~ .. d ~ N y W 'q: ~ .6. ~ N [[_-- 'vp ~y~ M -sY +rr) ~if ~ ~ K bf iR- Vl 4B ~ p~ C ..F N vi a:. n ° ~ S p ~ ~ ~. O l3 S ~ N -.u ~~.' b C r7, v o '=' a e ~. . ~ ~ ~ x e-~ O: 7 L d CS ~ ~ Z s p v vs ti: G 6: P m .r ~ ~ a 6 H _ 9 0 'O A C s s ~. e,l - .p ID m ~ .~+ n a ~' s° h m L 13 '~ ~' ~ a P ~ p tl' ~ ~ ~ ~ ~~ ~ ea p u -A ': O ~ 1Q P. P: fl ;~ c, ~ ° " ~ 4 +; e ~ .~ ~ a, ~ .~ ~ ~ `" ~ :S ~' ~ ;; o ~. .~ 0. O ~ o ~ H [7 O .~ Ys x c ~ ~. c ~;, r~ a 1: $ ~ ~ 3 ~ v ~ ' ~ ~ ~ ~ o am ~ w ~ n y - ~ ~ ~ ~ ~ p ~ S.! ~ rg e n -m ~ ~ A. ~ ~ ~ ~~ ~ ~ 'J .n ~ ' r ~ . ~ l6 v ~ ~ ~ v - $ F _ ~ ~ Cw E Ls E _ EM C ~~ ~ ~3 n i1 ? ~ _ .p ~ is ~- a :i~ e F $ 1-' ~. 1-~ w. Cs ~ = ~ : ~ .U L C: e~. ~ F 5 yr i ~~~~~~ a C Y 111 O ~i ~~ __~~ P~~~ f LOCATI~tV ~~~~ :O ~NI 7 J Q Z X .,.i ~~ ~~ ~ CITY of DELRAY BEACH M~.K DR. BEAUTIFICATION RECL. °A~06~°g~7o~o ENV1130NMENTAL S~VK~3 DEPAF~1'MENT WATER SYSTEM LOCATION MAP f1LENAME 4sa sourH swrrrnr~ ave,~~ n~aar ~a ssaaa 2ooa-oss 1 of 1 Page 1 of 2 MEM4RAN~UM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 27, 2010 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSI.ON MEETING OF JUNE 15, 2010 SERVICE AUTHORIZATION 07-161 MATHEWS CONSULTING INC./AUBURN AVENUE ITEM BEFORE COMMISSION Request for Commission approval/authorization for the Mayor to execute service authorization #07-16 with Mathews Consulting, Inc. for the design of Auburn Avenue Improvements, Project #2010-040. The cost of this Service Authorization is $113,244.00. BACKGROUND This project is in coordination with the Community Redevelopment Agency and Palm Beach County, and is part of the Southwest Area Neighborhood Redevelopment Plan. The estimated cost of construction for the project is $1,004,040. 'This project consists of Roadway and Infrastructure Improvements on Auburn Avenue from Auburn Drive to SW 8th Street, SW 12th and 13th Avenue from SW Sth Street to SW 10th Street, SW 8th Street from SW 14th Avenue to SW 120' Avenue, and SW 10th Street from SW 14th Avenue to SW 12th Avenue. The scope of the project includes roadway resurfacing and reconstruction, sidewalks, landscaping, design build irrigation specifications, paver crass-walks, drainage improvements, on street parking (where space is available), and bus shelters (if required). SW 12th and 13tH Avenue from SW Sth Street to SW 10th Street, SW Stn Street from SW 14th Avenue to SW 12th Avenue, and SW 10th Street from SW 14th Avenue to SW 12th Avenue will additionally include new water and sewer infrastructure. Staff anticipates performing construction administration (CA) services in house. Upon completion of fnal design, any project components requiring consultant CA services will be identified and a supplemental service authorization will be brought forward for approval The current estimate for full scope CA services is $112,270.00. http:I/miweb001/AgendaslBluesheet.aspx?ItemID=3370&MeetinglD-262 6/11/2010 Page 2 of 2 FUNDING SOURCE The funding source is as follows: $15,000.00 from Account #448-5451-538.68-65 upon budget transfer from Account #448-5451-538.99-01 $98,244.00 from Account #334-3152-541.68-65. RECOMMENDATION Staff recommends approval. http://miwveb001/Agendas/Bluesheet.aspx?ItemID=3370&MeetinglD=262 6/11/2010 CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION SERVICE AUTHORIZATION NO. C)'1 ' i 6 FOR CONSTJLTING SERVICES CITY P.O. N0.2010-040 CITY E~ENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. 1550 TITLE: Auburn Avenue Ionprove~x~e>iats 'T`his Service Authorization, when executed, shall be incorporated in and shall become an integral part of tke Conhact. TITLE: A reement for General Consultin En ineerin Services I. PRO~IuCT DESCRXPT>E4N The scope of this Service Authorization is, but not limited to providing geoteehnical services, survey services, field verification, fnal design, permitting, and bidding services for the Auburn Avenue Irnpravenn~ents (project limits are shown in Exhibit I) as follows: Auburn Avenue (SW 7f~' Street to Auburn Drive) s Resurface Roadway. • On-street parking where space is available. • Trees both sides of roadway. • Design/Build pel~a~naance Specification far irrigation system. • Sidewalks an bath sides of roadway. • Paver cross-walks. • Drainage Improvements -- swales. • Bus Shelter concrete pad (if required}, Auburn Avenue ~S~7V St'' Street to SW 7~` Street) • Reconstruct Roadway (the road shall be 'one-lane in each direction with a striped center turn lane. Parallel parking shall be provided, Approximately 290 LF of the road section shall be superelevated). • Sidewalks bo#h sides of roadway. • Paver cross-walks. Auburn Avenue S119/20I0 ' I MATHEWS CONSULTING 1 A~ x • h c W VI I,l V1 -.---~.. ~. . ~: ~ I ..•. 17tA~~F, s_ ~;. F ~ ~ i . ~;e' o° Qe ~; ,~ : r:. _~~- c'I'~`1' cal I~l~;l.f'1~~ l-~k~•!(`~I f:Ti[i,~lC.!.1;"ii.1 `L'1:':ht.~ k•i'f'+k~"bIIP•E All nfkttC AVENUE F ~~_ I,~~l ~~' ~~ F. .•, _T_.. .:., ; r13f ._- _.- ~~i ~ __. • --. -~: -- ~ .-~.. ~ i ~~~.. ..; ._ .; .F. r II`FFr~~ I •~ ilH '~~ '-- 1 ~_ .~ HF~•m o.~ 1 AVauFa7 bRdt NORM ~. ~w_ ~:~ C,J~ y~ A11RS117t! "~'" "' t3 IRA~'F E~ ~ I I~ • . i e I 1 ~ s - ~J ~ • ~ . i _ L! _ - 5f. 1~•~•1 !'~ ~ -~ . r ~• < ,•.lll .. ' .. I~AI, t_t13°:!'nlly _IIf F~;]ki11~~ ~• '. I._ ~~~I ;: I ,` ~!'.'~~~3 X11,£ r C~fiY ~F DELRAY SE,~~~i AUDURN VILLAGE Exhibit 1 • On street parking where space is available an east side. • Landscape nodes wJ landscaping and irrigation sleeves an east side of roadway. SW 8{" ~treet_(14,ubuzn Avenue to ARprox, 100'_ east of SW 12"' Avenue} • Reconstruct Roadway. On~street parking where space is available, on south side between SW 12tt' and SW 13th Avenues. • Sidewalk on north side of roadway and sidewalk on south side between SW 12th and SW 13th Avenues. • Design/Build performance Specification for irrigation system, • Paver cross-walks. • Drainage Improvements. • New $" Potable Water Main & Services. • New Sanitary Sewer. SW 1.3tt' Avenue trSW 8th Street to SW 10`~' Street} • Reconstruct Roadway. • On-street parking where space is available on east side. • Sidewalks on both sides of roadway (west side -fill in gaps; east side -new sidewalks}. • Landscape nodes w! landscaping and irrigation sleeves on east side of roadway. • DesignlBuild performance Speciftca#ion for irrigation system. • Paver cross-walks. • Drainage Irnprovemcnts. • New 8" Po#able Water Main & Services. • New Sanitary Sewer & Services. . SW 12th Avenue. SSW Soh Street to SV4T 10't' 8treet~ • Reconstruct Roadway. • On-street parking where space is available on west side. • Sidewalks on both sides of roadway (east side -fill in gaps; west side -new sidewalks}. + Landscape nodes wl landscaping and irrigation sleeves on west side of roadway. • Design/Build perfoi7nance Specification for irrigation system. • Paver cross-walks. • Drainage Improvemen#s. + New 8" Potable'Water Main & Services. • New Sani#a~y Sewer & Services. Auburn Aventte 5/19/2010 Z MATHEWS CONSULTING SW lflth Street {SW 12`I' Avenue to SW 13~€' Avenue • Drainage Improvements. • New Sanitary Sewer. The work will also be based an the "Village Square Public Improvement Plans", dated Tune 2007 prepared by GGB Engineering, Inc. The following design assumptions will be (allowed: • The an-site improvements far the parcel north of SW Soh Street will be completed in the future. Utility stubs wall not be provided. • The on-site improvements for the parcel between SW 12`I' Avenue anti SW 13t}' Avenue will be completed in the fixture. Utility stubs will be provided as indicated on the GGB Engineering Plans with the exception that the gravity sewer between SVi~ 12~' Avenue and SW 13t1' Avenue shall be relocated to SW 10Y1' Stx•eet. • Engineer for on-site irnpxovements (Village Square) will size the fire lines, water services and sanitary laterals (assuming City minimum standards will be met). • The City has confn•rn.ed that the lift station serving the project area (LS #2S) has saff cient capacity to accept the wastewater generated by the project. • The typical section for Auburn Avenue shows the requirement fox a sidewalk along the east side, outside of the road right-af vvay. The City will obtain the sidewalk easement as necessary. • The drainage outfall for the improvements along/between SW 12~` aid SW 13t~' Avenues will be to the west along SW 10~i' Street, through existing outfall piping to a drainage Swale in Park 10. It is assumed that the drainage swale has sufficient capacity to accept the runoff from the project area. • Auburn Avenue from SW 8''' Street to approximately 700 feet north will drain to the existing dry retention area. • The City has confirmed that Auburn Avenue will be superelevated. • The proposed sanitary sewer along SW 12~~' Avenue will be relocated to the center of the street and replaced, rather than vvyes out in as shown an the CCrB Engineering Plans. II. SCOPE OI+' SIaIt.VICES Phase I_~_Study Rn[i 12,ep~srt Phase Not Applicable. Phase II -- PreIianinary Desi~u Phase Not Applicable. Auliurct Avenue Sl19/2©tt} 3 MATHLWS CONSULTING Phase iii - l~nal Design Phase Consultant shall provide final design phase services in accordance with Article III.C of the Agreement for Engineering Services with the City, dated March 16, 2004. 1. liield reconnaissance of the proposed project limits shaiI be performed. Photograph log walk through will be included. In addition, potential underground and aboveground existing utilities will be identified. 2. Coordination with utility agencies shall be performed to collect record information. This subtask includes reconciling apparent discrepancies between record information and existing photographic and field~vexification information. 3. Consultant shall prepare construction drawings which shall include: cover sheet, general notes, civil plan/profile drawings, tuts-lane drawings, landscape drawings, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" _ 20' for plan and 1" = 2' for profile. Consultant shall prepare the engineering design elements on topographic survey information prepared by Consultant's surveyor using AutoCAD Release 2009 format, 4. Contract documents consisting of "front-end" documents and technical specifications shall conform to City of Delray Peach Standards and the FDOT Standard Specifications for Road and Bridge work. 5. Drawings and specifications (three copies) shall be submitted for City review at 30%, 60%, 90% and 100% stages. 6. At the 30%, 64%, 90% and 100°1o stages, Consultant shall prepare a detailed opinion of probable construction cost based upon the completed final design. drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the var7aus design review stages. 7. Consultant shall attend kick-off meeting and three {3) design meetings with the City and provide a written summary of the issues discussed. 8. Consultant shall provide internal QA/QC reviews on the 30%, 60%, 9Q% and 1Q0% Design Documents (e.g. drawings, specifications and cost estimates). 9. Consultant shall furnish with the 100% design drawings, one (1) mylar set and one (1) set of AutoCAD {Version 2009) files in electronic format (~.DWC & *.DWF) on CD. Specifications shall lie provided in electronic {FDF & WORD) format. Avbprn Ave~fue SII9I2010 4 MATH~WS CONSULTING Phase IV -- Bidd_i__n~fNe~atiatiQn Phase Consultant shall provide bidding phase seavices in accordance with Article III.D of the Agreement fox Engineering Services with the City, dated March lb, 2004. 1. Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor), It is anticipated #hat work shall be awarded under a single eanstiuction contract. Consultant shall provide up to twenty (2©) sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. 2. Consultant shall attend mandatary pxe-bid conference and provide a written sllrnrllary ofls5ues dlSCUSSed. 3. Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding doeurnents to all prospective bidders during the bid period. ~. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, anti in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. 5. Consultant shall furnish all laid information to the City in eIecironic format to be used in conjunction with "Demand Star". Phase V - Const~r~action Administration Phase Upon completion of the final design phase, the Consultant shall submit an Addendtun to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III-E of the Agreement with the City (if requested by Cityj. Qther - Permittins At the outset of the Design Phase the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: South Florida Water Management District (SFWM.D) and Palm Beach County Health Department (PBCHD}. The following permits are anticipated: Auburn Avenue 51191201fl S MATHBI~JS CONSULTING • SFWMD General Permit for Drainage Improverents FDEP wastewater coilection permit for Sanitary Sewer Tinprovements • FDEP wafer distribution permit for Water Main Improvements Associated permit application fees shall be determined by Consultant and paid by City. In addition to preparing the permit applications for appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: Attend up to one (l) pre-application meeting with the staff of each of the regulatory agencies. Attend up to one (1) meeting with each of the regulatory agencies during review of the final permit applications. ^ Respond to request(s) for additional information fiom each agency, Other -- Sur ve~y Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the full right-af"way of the established construction limits will be referenced by baseline station with an offset distance {left or right) from baseline far the project and will include the following: 1. Topography survey at SO-foot intervals and at-major ground elevation changes #o depict existing ground profile at proposed project area. All topographical surveys shall have stationing established from south to north and west to east where applicable. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: a. Location of all visible #ixed improvements within the right-of--way (including 1(}- feet back on each side of the right-of way) of the project limits, including physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. This also includes the front two corners of the building cin each lot, b. Location of all known above and below ground existing utilities: FP&L, AT&T, Cable T~, Natural Gas, Potable Water (pipe diameter, TOP, valves, f re hydrants, and meters), Foace Mains {pipe diameter, TOP, and. valves), Sanitary Sewer {pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs), Auburn Avenue 5/1912010 b MATFiEWS CO?~lSULTING Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and xim/grate elevations), and aII other accessible structures, This will include coordination with Sunshine and City of Delray Beach. c. Identify platted rights-off way (including bearing and distances fox centexline), lot nuxnbeis, house addxess, ownership lines, block numbers and dedicated easements. d. Elevations shall be indicated every 50 feet, at a minimum, to indicate centerline grades, edge of pavement grades and shoulder grades, low points and all right-of way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks, Two grades (one at the right-of way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade. e. The survey shall include topography of the complete intersection, 50 feet beyond radius returns, at the terminal end of each street. £ Frnvide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. g. Provide one permanent bench .mark tied to State Plane Coordinates. 2. The above topographical survey data will be prepared in AutoCAD (Version 2008) Other -- Geotechnical Consultant shall furnish the services of a professional ~eateehnical engineer to provide subsurface investigations of the project area that will include: l . Perform up to ten (10) standaa~l penetration test (SPT) borings to an average depth of fifteen (l5) feet along project limits. 2. Perform up #o four (4) pavement cores along project limits. 3. Evaluate f eld data collected and provide geotechnical engineering evaluation report. Other _ rieId Verification Consultant shall furnish the services of a professional underground services compan3r to provide underground field locations of affected existing utilities. The woxk shall consist Aubu~•n Aven-ie 5119/2010 7 MATH~WS C©NSULTING . of measuring and recording approximate horizontal location and ve~•tical depth of affected utilities within the project limits. It is anticipated that approximately twenty {20) utility lacations will need to bepat-haled. ASST)MPTIQN5 Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule ar compensation to Consultan# will be negotiated with City. L City will provide Consultant record drawings of all available existing facilities and proposed facilities, which sha11 serve as the basis of design in this project. The informatian will be provided to Consultant within 7 calendar days of NTP, 2. City personnel will assist in field verification of affected existing City facilities. This includes painting the locations of water mains, force mains, sanitary sewers and laterals in the field for the surveyor. 3. Consultant can assume that all existing and proposed streetscapelinfi~astructuie improvement alignments are within City of Delray. Beach rights-vf--way or easements. 4. City will be responsible for acquisition of easements (including temporary), if required. S. City is responsible for all permitting fees, including costs of public notification in local newspapers. 6. A single bidding effo~•t is assumed. Re-bidding of the project is considered an Additional Services Item. 7, The design is to be based on the federal, state and local codes and standards in effect at the beginning of the project. Revisions required for compliance vvitli any subsequent changes to those regulations is considered an Additional Services Item not currently included in this Scope of Work. 8. Consultant assumes that these are no contaminated soils or groundwater in the project area. 9. This Service Authoi7zation does not include any traffic signalization design. 10, Consultant shall utilize the Village Square Public Improvement Plans, prepared by GGB Engineering, Inc., dated 3une 2007 for the general layout of the proposed Aub~~rn Avenue 5lI9l2Ql© $ MATHEWS CONSULTING utilities and driveway connections as they relate to the proposed on-site Village Square improvements. 11. Lighting and Irrigation plans are not included in this scope of work. AAD~T~ONA,L SER'Vi<CES Consultant shall provide additional ezzgineering services relating to the provision of sanitary, watez•, drainage, reclaimed water and streetscape improvements to the project area that are not caver~ed under this Service Authorization, These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, permitting regulations, and potential property or easerz~ent acquisitions. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The 1~Iotice~to~Proeeed issued shall contain the following information and requireznezrts. A detailed description of the work to be undez~taken. A budget establishing the amount of the fee to be paid in accordance with the Agrecment• A time established for completion of the work. XII. T)<l~ OF PCRFORMAI~ICE The completion dates fox this work will be as follows (starting at wrtittcn notice-to-proceed). Refer to Attachment A - Project Schedule. Engineering Services Time er Phase Cumulative Time Survey 4 weeks 4 weeks Phase III -Final Desigr~t~l l 5 weeks I9 weeks '~ Phase IV -Bidding 8 weeks 27 weeks tr3 Geo~ec3vaicuT Field Verrficatia~ ar~d Perm9tting zvill Ge compfetecl d~~~•ing Plrase 111' ~ Ffjaa(Desrgrt f11ne pe1•iotl. ~` The schedule is based upon conducting a review meeting within '1 calendar days after City receives the Submittal. Ali review comments shall be provided to Consultant within 7 calendar days after City receives the subzxzittal. An adjustment to the overall schedule will be required in case the review meeting takes longer to be conducted and/ox obtaining comments takes longer to receive. Auburn Avenue 5f I9l2010 9 MATHEi'VS CONSiJLTING IV. COMPENSATION The compensation for services provided shad be billed ©n an hourly basis plus reimbursable expenses for each phase of work in accordance with At~ticle VII, Method iI, up to the following not to exceed cost for each phase. Refer to Attachment B far fee brew-down. Engineering Services Fees Phase Ill -Final Design Phase $ 69,240.DD Phase N -Bidding $ 5,602.00 Perrr~itting $ 4,652.00 Surveying $ 1b,50D.00 Geotechnical $ 5,500.00 Field Verification $ 8,25014D Out of--Packet Expenses $ 3,SOO.OOt~~ Additional Services $ 15,000.00 TOTAL PROJECT COST ~ 113,244.OOtz~ Note~• ts~Dut-of-Pocket Ex,~enses include tFie fotdativir~g: p1•iratingh•eproduction and postage, t~iTotc~l project cost does ~aat tnclude the ~15,t100 forAddttional Sefvices ~f authorized by the Ci1,~). Auburn Avenue 5l19/201Q 10 MATHEW3 CONSUt,'1'ING This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completian of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or• Service Authorization, the City xnay terminate the cantraot Without incurring any further liability. The Consultant may commence vsrark on any Service Authorization approved by the City to be included as part of the contract without any ftuther notice to proceed. Approve by: CITY OF DELRAY BEACH: Date: Nelson S. McDuff e, Mayax MATHE~WS CONSULTING, INC. Date: ~ l 2 c, t David Matl}t~v ~ P.E., Vice President 't~itness Attest: Approved as to Legal Suff"rciency and Farm STATE OF FLORIDA COUNTY OIt PALM BEACH The faregaing instxurnent was acknowledged before me thisf lay of,/~, 2010 by David Mathews, Vice President of iVlathews Consulting, Ina, a Florida corporation, on behalf of the corporation. HelShe is (pei'sanally known to zne or (has pi` ac~uced identification), Florida Drrver's License and (didfdid not) take an Math =ot*"Y p~ Noiary Pubtia Staie al Florida ~ ~' Nancy Arm&irong gnatur f person taking ~c~ ~ A` My Cammission DE778fi462 aeknOWl Bement 'tof~o~ Gxpiras0510S12Ut2 Auburn Avenue 5/19/2410 11 MATHI7WS CONSU1..TiNG U 0 Q H Z W 2 U a Q ~^ ~' ~ ~ Z ~ ly a~ atl +/.,, O rY~r+ V m ~~~ a © oc~ °o $ o o O °o a ~ N '~ ~ O O p ~ O l fi ~. 00 fn C ~ ' r ~ ~ M 69 ~. ~ ~ tC1 ~ t~ ~ N +R ~ r~i •- Q *' h ' UI N SCF M O 9T ~ ~ ~ o N O i~ Sb M et ~ a CO ~f h O ~' r M ~l3 ~ ' ' N m N r" G N h N 1~ N ~ '~ ip d p- ~ J ~ 6R H f9 L~[ V3 ~ ~ (+6M~ Nt ~[~rsOyy fPr ~ f9 {d{~~1 H3 ~ y~j tH F_ ~ ~ bl ~ G] 6r4 ' X 4] 69 ~ O Iq tN1~~ d- I4 ~ ID ~ ~ O ~ 93 N N N 7 l'~] \t (O M N N LU G1 '7 r N N ~ Q Uw o -~ ~ ~'U ~~ N ~ ~ ~ ~ as t~ a a N r °' ~ r p~ ~ 0 C v o ~u~ n ~ ~- ° °m m° c6 ~ ~» ~ o> as to m o ~ ~ ~ rn vi F •N ~0 Q ~ D ~ ~ ~ o n p aw '° Q c~a .~ ~ a ° ~ Lp n N X 1!'1 N ~ O O ~ cy h ~ ~ ~ a ~ 0 m ~~ O N N N m oo eo ~ 1 ~ ~ Ilf ~ ~ ,~.~ao Y1 ` n ~ o ~ ; ~ © , C O ~ ~ r` In N p 'Y n ~ o .-- n N ~ o N tt N er N N N t!T '~ 'd 'd » p N 0 N p fV ~1~ cc fV 47 i~ ~ - r N 1 j M 0. ~ ~ ~: ~ ~ ~ -~ ~ (/ ~ r f A ~ N ~ U1 (, la m ~a ~ G ~ ~( p} b ~1 pN~ W ~ c C C C ( p ~! ~I ~ C W ~ G Q G pJ j j O ~ yy d o d D 47 o ii1 d p o ~ ~ d 4i ~ ~ d ~ C U ~ o U c~ C Y it1 Q' ~ •y 0 M 0 tD D W a r C '~ ~ S C ~ ~ ~ ~ _ .~ ~ _ ~ ~ U_ S9 ~+ L '~ ~+ C ~ ! 6 ~ ~ ~ O ~l N 1'~1 M ') l Y i ~ . C ' y fi ~ ~ ~ 'S I ~ 'ct 'C ~ Vi ~ Ul O ~ y c ~ ~ 4 ~ ~ ~ ~ - SL jy r Y Y ~[ ]e 11 C y C K i K ry ?C O X !~ X W ~C m X p p U 'C r X N X M .SC ~f .SC In X pp U , m w b ~ ~ A ~ ~ ~ E i ~ I~ 1% }~ i~- 1~ ttV~-~ 1m ~ Fta- ~ F ~ im- ~ ~ to ~ ~ ~ ~ ~ ~ ~ ~ C7 ti ~ ~ y J u~ v3 N RW' a` 0 Z ~ ~ ~ a V R ,.~ ~k ,, ~;i i y., (h k ` a ' I ~ ~ aat ,er s ~ ._ ( 1 t..k,' 1 [IkLLI:~i ~ ~fl 1~ ~ F_ .i {. ~ ! 3, ._, t._E._ I.il~'.w.l~~ .?J i t..=.,. I¢ nr[nrEric Aveeiuz ,.-: _: _ g ~i - ~ k,' ...~ E- k ~ ( ' . f ! ~ + i ~ ~-r 333{1, • ... ~ .: t ,'s f' 1' ' ! ! l_k' ~. ti k r [ ~ ~ , I ~`( ~~ ~ ~~.~ _, , r ! ~ ~ 3 i ,: _ ~ t _. alt _i t _ -- _ _._ _ - ~n .'. ~- _~.. 5-~. .~~, ~ -.1. - _.. ~...y.,. ~ .~. i _ k;i;T-lT^i~k ~,..,.. w.- . 's ~-~ ri.____ ~, ~ ~' . i ~ t~ .~.~.~: [~Eti F"R _~ t~~y - ~_.. - . ~ . 7 t . f ~j ' ~sw- ..,., - s ~ rni € ~ f ~ !! $ . 9 i~ I ~Ar,4LR t t...,F.; ~ . , ~ ~t ! ~ I ~ } s. ~ ~ ~ I i L3 y„ 7f h 1z ' .n,~ ; I ~ . f # I; ~ I ~ F k1FY.., .r . I te ' a ~~ t . ~~~ ' S g ,} _ 't J ~~. L.L..i~i_A1.~.L-~ ~ iP1 ~~3~'~~ ~_1,mm.i 4 ~ 3~".~~-,. /~ 1- < i ! 1 i - asEtpUlt;j ~` ST dll ~, ~ ! _. ( ~~ ~ ~ ~ - V; •' ~- 5~i ~~ 7111 _._ -_ F ~ (~ ~~ I~ xC~_'~ I ~. ~. S ~ 411 .3 {JCL{.7 i` fYz ~AC3~ - k ~ IL ~ fI~ ~_ ~ j ~ F If: ~ ~ ,, ~ ~. ,] ~'~ ~~1E! --- ~ f'Nfr .f Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 4, 2010 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF JUNE 15, 2010 PROPERTY DAMAGE SETTLEMENT AND RELEASE FORMICUSTARD INSURANCE ADJUSTERS ITEM BEFORE COMMISSION Requesting approval/authorization for the City Manager to sign a Property Damage Settlement and Release Form from Custard Insurance Adjusters. BACKGROUND Earlier this year a Waste Management garbage truck sprung a hydraulic leak while picking up trash in the Sherwood Forest neighborhood. The neighborhood issued a complaint against Waste Management and Waste Management`s insurance company has agreed to pay for the micro-surfacing of Lakeview Drive and Lakeview Boulevard. It is anticipated that he City would accept the funds for micxo- surfacing both streets ($89,864.00) and complete the work along with the City's annual micro-surfacing to be completed later this summer. The insurance company is also asking that the City sign the release form when the funds are received. RECOMMENDATION Staff Recommens approval. http a/xniweb001/AgendasBluesheet.aspx`?ItemID=33 85 &MeetingID-262 6/11/2010 °y a°~ti oZ.b,a o R~r~~f~ 1/ K~rfca~c% k~RO~ERTY ]~2~GE ~ET'~`~EM~IrTT ANI] ~2ELE~-~E ONLY T{NOW ALL l~N BY TABSE 1'12.1;~ENT~ that ,-fox the sale consiclexation ~rf khe sum of , {$ ) p$id by , receipt of wI-ich is hereby acknvwledgod, does hereby z'elease, acquit a~ad forever discharge ,its of#icexa, directors, agents, ariorneys, employees, associated cantpa~es, affiliates, a~:d subsidiary companies, of and from and ail olaims, causes of action casts and demands afwhateve#' na~ae yr nacre and any matter arisi~tg ax graw~g out of or an aacauut of a loss which gceuz~red as a result of an on nr about S at ~`I~~ Ul~T1~l~1~SlCrNED ACR,NC3't~V'LfillC,~ES that the consideration slto~vtt above is in full~ayrnent and satisfaction affhe claim o~ Cause of action described above anal thatna outer promise has been made 6y ar any of its officers, dh'ectoxs, agemts, attorneys ar empiayee$, az~d that this is a. compromisB sQttlcmcnt of any and all liability of and its af#lcers, dircataxs, ages.#s, atto~~neys and employees, and all parsons v~-ha m,ay jointly and severally be liable with them. Tbia xe~easa gad the gayment madQ is not to b0 oorsstxved as an admission vfliability, all liability being expressly denied, SIGNER ,A.NI] SEA~..EI? this day of ,.,......., - . 20 ' ~ --- ~ - - --- SICIhIATUI S~UBSCkLbEIJ snd S~OItN #o befc~r$ me thle day of ~, _ . 20 NOTAR'X' PUBLIC ~orltd~a tHFghway.3*roducts,._3:nc. .......... i= .• ~~ TO: Ron Oliver Waste Management 651 Industrial Way Boynton Beach Pl. 33426 561-2D7-4157 Tvroe of work: )~lorida Highway Products, Inc 117D Celebration Blvd. Ste 1D1 Celebration, FL 34747 407-566.4200 Fax:4D7-666-4201 Date: 4/1/2010 job Location: Delray Salesperson: P. Carlisle Project Mgr: Est. Start Date: ASAP If applicable, see attached Street list Item # Description Estimated Quantity Units Unit Price Extended Price lvlobilization 1 LS $ 4,200.DD $ 4,200.00 Micro Surface Treatment 18766 5Y $ 4.00 $ 75,064.00 Rut Fill 30 tons $ 250.00 $ 7,500.OD Striping 1 LS $ 1,100.00 $ 1,100.D0 Asphalt repair TO Tons $ 200.00 $ 2,000.00 $ - $ - $ - $ - $ - $ - $ $ - QuotaHonprepared by. This is a quotation on the goods named, subjeM to the ronditions noted below: ~ ~ SllbtOta] $ 89,$64.DD (Atl material is guaranteed to a as specified. Al] work lobe crompeted in a workmanlike manner according to standard practices. All alterations or deviatran from the above spedfications involving extra costs wiLL be executed only upon written orders, and will become an extra charge over the above proposal estimate. Our workers aae fully covered by workmen's compensation ]nsuranae. This quote is vaFid for thirty (301 days. Total Based On Est. Qty~s $ 89,864.00 Name To accept Phis quotation, sign here and return: -ate Note: This proposal may be withdrawn Thank you for considering Florida Highway Products, for your Pavement and Roadway Management needs. Page 1 of 2 U ~ U °o ~' ~ ~' a~ N ~ N N L ~ N v ~ U ~j m a [~ P ~ ~ ti : ~ z ~ r to .A .A v ~ ' ~ ~ y ~] ~, ~, Vl R. W u i-.~ .~+ V a x ~ ~ M .a b x •~ ~ ~ o RS .~ o co.~ ° a :~ °~` s .~ U r~ ~ to ~ ~ m .--i ~ ~ ~ ~ W ~, V ~ ° a 0 o ~ t,9 0 F ~ s~ ~ ~ ~ ~ w ~ ' a ~ ~ s~ 0. #+ o ~ ~ ~ ~ ~ ~ Z N ep O O c O ~ ~ ~ ~ r T H ~ N N ~ H ~' '~ Q ( } Z 2 ~ ~ ~ J M ~ O ~ F^ ~ U .~. _ Q~ ~ QS. . ~ U o ~: ~ ~ : . ~ N y Ltl a -~ z ~ ~ ~ ~ ~ ' " ~ > >. Y Y ' . J O Z W F N O fU Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: June 7, 2010 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF JUNE I5, 2010 RESOLUTION N0.32-10: ABANDONMENT OF A UTILITY EASEMENT ITEM BEFORE COMMISSION The request involves the abandonment of a 10' x 51.3' general utility easement located in front of the Grove Car Wash site at 2210 North Federal Highway. BACKGROUND The City Commission granted conditional use approval for the establishment of aself-service car wash facility on the subject property on June 3, 2003, and the Class V site plan, landscape plan and building elevations were subsequently approved by the Site Plan Review and Appearance Board (SPRAB) on March 23, 2005. The subject easement was dedicated on the "North Federal Highway Replat" (Plat Book 107, Pages 43-45), recorded on February 24, 2006. The property was sold in April of this year and the new owner is seeking the abandonment due to the fact that the building housing the ofFce for the car wash encroaches into the easement. REVIEW BY OTHERS Pursuant to LDR Section 2.4.b(N}(5}, a Ending must be made prior the City Commission granting an abandonment that the abandonment will not be detrimental to the provision of utility services to adjacent properties or the general area. There are no utilities within the easement area. The City's Environmental Services Department and Fire-Rescue Department have reviewed the request and have no abjection to the abandonment. Florida Power & Light (FPL), Comcast Cable, Florida Public Utilities Company and BellSouth (AT&T) have also reviewed the request, and have no objection. RECOMMENDATION By motion, approve Resolution 32-X O to abandon a X O' x S 1.3' general utility easement dedicated via httpa/miweb001 /AgendasBluesheet.aspx?ItemID=33$S&MeetingID-262 6/11/2010 Page 2 of 2 " the North Federal Highway Replat, as recorded in Plat Book 107, Pages 43 to 45, of the Public Records of Palm Beach County, Florida, located on the Grave Car Wash site at 2210 North Federal Highway; and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets .- criteria set forth in Section 2.4.6{I~(S), Abandonment of Public Easements, of the Land Development Regulations. http:/Imiweb001/AgendasBluesheet.aspx?ItemID=33 88&MeetinglD=262 6/11/2010 RESOLUTION NO. 32-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED ON THE GROVE CAR WASH PROPERTY AT 2210 NORTH FEDERAL HIGHWAY AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a utility easement dedicated via the "North Federal Highway Replat", as recorded in Plat Book 107, Pages 43-45 of the Public Records of Palm Beach County, Florida, located at 2210 North Federal Highway and as more particularly described in Exhibit "A" • and WHEREAS, the apphcation for abandonment of said easement was processed pursuant to Section 2.4.6(N), "Abandonment of Public Easements, of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(1~(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Con-itivssion of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easement, as more particularly described in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 16b of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: See Exhibit "A" PASSED AND ADOPTED ixt regular session on this khe ,~ day of , 2010. MAYO R ATTEST: City Qerk 2 RES. No. 32-10 Exhibit A ~~ w M ~l ~~ O ~` ~ ~ ~° A ~~ ~ p ~ II ~ ~ IE ~ ~ U ~. 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FEDERP,L HWY - PLANNING AND ZONING u_~ DEPARTMENT 12-~43-48-04-35--000-0010 LOCATION MAP -- DIGITAL 645£ AlAP SYSTE]N -- A1hP REF: S:\Planning &Zoning\DBFAS\File-Cob\Z-LM 1001-15D0\LM1166~21D North Fedrol Hwy. dwg ~ryl~e r ~ -_ . ~ .... _ _. . Page 1 of 2 MEMQRANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 9, 2010 SUBJECT: AGENDA ITEM 8 G -REGULAR-COMMISSION MEETING OF JUNE 15 2010 PROPOSED EXPANSION OF THE PINEAPPLE GROVE MAIN STREET NEIGHBORHOOD PLAN ITEM BEFORE COMMISSION The action requested of the City Commission is approval of the proposed expansion of the planning area for the Pineapple Grove Main Street Neighborhood. BACKGROUND During the late 1980s, in an area known today as the Pineapple Grove Main Street Neighborhood, mast properties, residential and non-residential, were owned by absentee owners who paid little attention to the well-being of the neighborhood. Several property owners and merchants joined with others in the community concerned with downtown conditions and formulated a plan intended to stop the downward trend of the area. With City support, the neighbors initiated some streetscape and landscaping improvements, installed some outdoor artwork, had the neighborhood officially named "Pineapple Grove", and changed the name of four blocks of NE 2~d Avenue to "Pineapple Grove Way". However, all these initiatives were not enough to change the image of the neighborhood. In 1994, the Delray Beach Joint Venture sponsored consideration of the Florida Main Street program for Delray Beach with its main focus on the commercial core of the Pineapple Grove neighborhood. Several local residents and property owners organized and incorporated what is today known as Pineapple Grove Main Street, Inc. {PGMS). The State designated Delray Beach a Florida Main Street Community in August 1994, and a design charrette for the Pineapple Grave Main Street area was conducted in March, 1996. The charrette produced sketch drawings and an outline of recommendations reflecting the consensus of the participants. These recommendations formed the basis for the comprehensive Neighliarhood Improvement Plan for Main Street in the Grove. Today, the Pineapple Grove Main Street Board of Directors is responsible for administering the PGMS program, outlined in the Plan, within the area encompassed by the east-west alley, just north of Atlantic Avenue on the south; NE 4th' Street on the north; the north-south alley, just west of NE 1st Avenue on the west; and the FEC httpa/miweb001/Agendas/Bluesheet.aspx?ItemID=3403&MeetinglD=262 6111 /2010 Page 2 of~ 2 Railroad to the east. Fueled by the success of the Atlantic Avenue revitalization in the 1990s, redevelopment efforts outside the Atlantic Avenue corridor have been strongest along Federal Highway and within the Pineapple Grove Neighborhood. With considerable growth on both sides of Pineapple Grave Way, including the Ocean City Lumber complex, Astor mixed-use development, City Walk mixed-use development, the Delray Beach Parking Garage, Cannery Row and Taste Restaurant, Pineapple Grove has become a destination. Paverbrick sidewalks, on-street parking, specialized street lighting, and public art have been installed along Pineapple Grove Way and a decorative arch now marks the entrance to the Grove. To capitalize in this success, the owners of properties surrounding the neighborhood have indicated their desire to be included within the designated Main Street Area. Accordingly, the Pineapple Grove Main Street Board of Directors is now proposing a modification of the Neighborhood Plan to expand the x~eighboxhood east of the FEC Railroad (see attached map). At this time, the Plan boundaries are being modified to include the expansion area within the Pineapple Grove Main Street Neighborhood Plan. An additional section, (Section 20) has been added to the Plan to include a map of the expansion area. Detailed planning for this expansion area will occur at a later date, and the Neighborhood Plan will be modified accordingly at that time. REVIEW BY OTHERS The Downtown Development Authority will review the proposed PGMS expansion area at its meeting of June 14, 2010. Recommendations of the Board will be forwarded directly to the City Commission. The Community Redevelopment Agency reviewed the proposed Plan at its meeting of May 13, 2010. The CRA Board recommended approval of the Plan. Courtesy Notices has been mailed to all property owners within the expansion area and to the Pineapple Grove Main Street Board members. Letters of objection or support, if any, will be presented at the meeting. RECOMNICENDATION By motion, approve expansion of the Pineapple Grove Main Street Neighborhood planning area. http://miweb0011AgendaslBluesheet.aspx?1temID=3403 &Meeting1D=262 6/ 11 /2010 Section 20, • Addendum 1.- Neighborhood Expansion Area {201x) Fueled by the success of the Atlantic Avenue revitalization in the 1990s, redevelopment efforts, outside the Atlantic Avenue corridor, have been strongest along Federal Highway and within the Pineapple Grove Neighborhood. With considerable growth on both sides of Pineapple Grove Way, including the Ocean City Lumber complex, Astor mixed-use development, City Walk mixed-use development, the Delray Beach Parking Garage, Cannery Row and Taste Restaurant, Pineapple Grove has become a destination. Paverbrick sidewalks, on-street parking, specialized street lighting, and public art have been installed along Pineapple Grove Way and a decorative arch now marks the entrance to the Grove. To capitalize in this success, the owners of properties surrounding the neighborhood indicated their desire to be included within the designated Main Street Area. Accordingly, the Pineapple Grove Main Street Neighborhood was modified in 2010 to include properties east of the FEC Railroad (see Figure 14-1}. Detailed planning for this expansion area will occur at a later date, and the Neighborhood Plan will be modified accordingly at that time. 20-1 TR1N! TY LU77-IERAN LAKE I D A R O A D CA SON METHODIST CHURCH w z t~ CITY ATTORNEY 8UlLDING DRIVE Z O Z crTr - HALL l ' 3RDN.E. ST. ~ f~ ~ 1 _ -- 0 0 ~ N M -- _ ~-_ 1~_ _ i` N.E. ~ , ^ } w 4 a a z us a z ~ to N.W. 15T ST. ^ ~ N-E. __~,,, COMMUNITY ~ _. CENTER z TENNIS OLD STADIUM ~ SCHOOL ~ SQUARE A T L A N T I C sou rH ~ Q ~'~ a COUNTY Q~r ~ ~ COURT ~ '^ ~^ ~ HOUSE ~ ~ ~ ~; ~ v~ v~ ~s N.E. 3RD ST. w w r F ~ m w ~i z z 2ND ~~ O 00 0 z vi ~Zi~ LLL1111J A T L A N T I C ~a~a~a~ EXISTING EXPANSION N ~ ~ AR~ SHAOEp EXPANSION AREA r ~~ i 11 i ~ PINEAPPLE GROVE MAIN STREET CITY OF DELRAY BEACH, FL FIGURE 14 -1 PLANNING & ZONING OEPARTMENT N.E. 5TH _ .-. 0 0 z z r r ~ _ vi ~ TH 3 x a o' w Q w LL -- ~IGlTAL BASE MAP SYSTEM Page 1 of 1 MEMQRANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: June 10, 2010 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF JUNE l5 201p AFTERSCHOOL PROGRAM SERVICE AGREEMENT/FAMILY CENTRAL, INC. ITEM BEFORE COMMISSION Request City Commission approval of a Continue to Care-Afterschool Scholarship Agreement between Family Central, Inc. and the City of Delray Beach to continue reimbursable funding through the CTC-A Scholarship program for the Afterschool Program located at Pompey Park and Community Center. BACKGROUND The term of the attached Continue to Care-Afterschool Scholarship Agreement between Family Central, Inc. and the City of Delray Beach is July 1, 2010 through June 30, 2011. This agreement is to continue reimbursable funding through the CTC-A Scholarship program for the afterschool program. Children enrolled through the program will be funded at a reimbursable rate (less the applicable parent fee) to the City at $10.44/childJpart-time day and $19.86/child/full-time day. RECOMMENDATION Parks and Recreation Department recommends City Commission approval. httpa/miweb001/Agendas/Bluesheet.aspx?Item1D=3409&MeetinglD=2b2 6/11/2010 can Charsging3ires for a If£atnne APTERSGHOC)L PROGRAM SERVICE AGREEMENT TO ACCEPT CONTINUE TO CARE- AI"TERSCHOOt_ SGHOLARSHtPS BETWEEN 1=AMtLY CENTRAL, INC. AID The artier to this Service A reement are Famil Central, inc., "Family Central"), and, ~ ~ '~ .~ {the "Pravidels'). i'amiiy Central performs administrative duties in the enrollment of children into Continue-to-Care Afiter~sehaai Schoiarsi~ip ("CTGA Sctsalarship") programs with respect to funding avaiiabie through the Early Learning Coalition of Palfrt Beach County, inc. {the "Caaiition"~- The purpose of this Service Agreement is to estai7iish the method by which Provider will receive payment avaiiabie through the CTGA Scholarship program. The Parties acknowledge that the Provider is not a subcontractor of i=amliy Central, Family Cenfrai has no control over the day-ta-day operations of the Provider, and that the existence of this Service Agreement does nvt require or guarantee referral or enrollment of children in Provider's afterschoal Program. The parties agree as follows: #, Provider Respar~sibilities. The Provider shall: A. Attend a new provider orientation within the first 5g days of this Service Agreement if the Provider has not previously been a party to a Service Agreement far Schoa! Readiness ar CTGA Scholarship funding provided by the Coalition. C3. Retain all clien# records, financial records, supporting documents, statistieai records, and any other donuments {including electronic storage media} pertinent to this Service Agreement for five (~) years after termination of this Service Agreement, or if an audit has begirt initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. Provider further agrees that ail recnrds, papers, letters or other documents made ar received in conjunction with this Service Agreement and the provision of services hereunder shalt be subject to public access pursuant to the provisions of Chapter 119, Florida Statutes. The provisions of this paragraph survive terrrtlnation of the Service Agreement. C. 1=nsure that all records pertinent to this Service Agreement, Including but not limited fa sign-in/sign-out and attendance records, are avaiiabie at all reasonable times far inspection, review, copy"ing ar audit by Family Central, the Coalition or personnel duly authorized by Farrtily Cenfrai or the Coalition. D. Permit persons duly authorized by Family Central andlor the Coalition to access, inspect and/or copy any papers, documents, facilities, goads or services of the Provider which ate relevant to this Service Agreement and to interview any clients ar employees of the Provider to ensure the satisfactory performance of the terms and conditions of this Service Agreement, Failure to aklt~w access to duly atJtharized persons may result in non-payment for that day and provider termination from the CTC A Scholarship program. ~. Eiot discriminate against participants in, or employees working with, any program funded through this Service Agreement because of age, race, creed, color, disability, national origin, or gender_ F. Nat hold itself out, nor should its employees hold themselves out, as employees, agents, servants, joint venturers, partners or representatives of Family Centro! ar the Coalition. ~. Keep confidential ail information concerning ail children and their families required to be kept confrdential by law and provide adequate security in its record keeping. N. Return to Family Centrai any overpayment due to unearned funds or funds disallowed : pursuant to tfre #erms of this Service Agreement #hat were disbursed to the provider by Family Centrai. The Provider shalt return any overpayment to Famiiy Central within thirty (3Qj calendar days after either discovery or notification of the overpayment. if the _ Provider or its independent auditors discover an overpayment has been made, the Provider shad repay the overpayment within thirty (3Dj calendar days without prior notification from Famiiy Centrai. Notwithstanding any provision in this Service Agreertlent to the contrary, fiamiiy Centrai reserves the right to deduct from the Provider's reimburserrrent payment any overpayment discovered through a monitoring, audit or through any other means. If Family Centrai makes such a deduction from a . reimbursement payment, it shall provide the i?rovfder with notice in writing of the reason fear the deduction and the amount of the deduction at the time the reirrrbursemen# payment is made. il. Na# make any false or fraudulent misrepresentation regarding a child's attendance andlor sign-inlsign-out roster. This includes, but is not limi#ed to, deiibera#eiy claiming children for reimbursement who are not attending, falsifying Enrollment Attendance Certification sheets, and falsifying sign-inisign-out sheets. Family Central will report any suspected violatirarr of this provision to the appropriate state ar other authorities charged with investigating such rrratters, including but no# limited to, law enfioreement. J. Submit the final invoice for payment to Family Central no mare than twenty (2g} calendar days after termination ar expiration of the Service Agreement; if the Provider faits to do so, all right to payment is forfeited, and Family Central wilt not honor any requests for payment submitted after the aforesaid time period. Arty payment due under the terms of this Service Agreement may be withheld until a!1 evaluation and financial reports due from the Provider and necessary adjus#ments thereto, have been approved by Family Centrai. K. Comply with all applicable federal, state and local caws and regulations, including bu# not limited ta, requirements of the Caaiitian, Family Central, locai.fire and health authorities, the Palm Beach County Child Care Ordinance, applicable workers' campensa#lan caws, and Chapters 65G20, 65C-21 and 65C-22, Florida Administra#ive Cade. f=ailure to comply with federal, state ar local reguia#ions may result in termination of this Service Agreement andlor non-payment of afterschool services. l L. Accept a CTC-A Scholarship funded child only after receiving authorization from Famiiy ' Central. lnitfal authorization may be by phone. Written authorization from Famiiy Central must be received before payments will be made. M. Maintain current dacurrrentation on each child, including authorization, enrollment, attendance, and termination records. `rhe Provider is required to maintain a manual or electronic sign-in/sign-out system which parents/guardians ar other authorized persons . must utilize each day their child(renj are in attendance in the form approved by Family Centrai. Sign-inlsign~out sheets must be utilized as indicated above for each child receiving services unless Family Centrai expressly approves in advance use by the Provider of an alternative person to sign children in and out in isolated instances where it is iagistlcally impassible to use asign-in/sign-out sheet for a school age child, such as where the child rides fire bus. The sfgnan/sign-nut sheet is only used by Family Central to verify attendance for enrollment and payment purposes. Famiiy Centrai does not monitor far ar verify the child's arrival to and departure from the afterschao! program for the purposes of determining safe arrival and return borne or to the custody of a parent or guardian. This is the sale responsibility of the Provider. i'arentslGuard'€ans or authorized 2 persons using a manual sign-inlsign-out sheet must sign their child{ren} in and out every day by signing their ful! signature and time inlout. ParentsfGuardians or authorized persons using an electronic sign inlsign-out system must sign their full signature and date vn a printed version of the electronic retard within three (3} calendar days after the end of each month. Sign-inlsign-out sheets must remain on-s'sie far the current and previous . three months and available far inspection andlor pick-up by persons duly authorized by Famiiy Central. in addition, aii sign-inlsign-out sheen must be retained pursuant to paragraph I_B. herein. Sign-inlsign-out sheets must be kept for a minimum of hive years yr the retention period in Section i.E3. above, whichever is longer, and must be available far inspection by Famiiy Gentrai, the Coalition andlor other sulasidized child care funding sources. In the event that the Provider is unable to produce sign-inlsign-out sheets an- site in accordance with this paragraph, Famiiy Central will deduct frorr~ any future payment awed to Provider the amount of the reimbursement for any days far which a completed sign-inlsign-out sheet is not immediately available on-site at the Provider's location. Famiiy Central will also deduct frotr~ any future payments the amount of any reimbursement paid for children in excess of the Provider's licensed capacity at any given time as reflected on the sign-inlsign-out sheet. !n the event of a discrepancy between a sign-inlsign-out sheet and an attendance sheet, the sign_inlsign-out sheet shah control. The Provider viii be liable for prosecution under state law for fraudulently misrepresenting a child's attendance andlor sign-inlsign-out sheet and Family Gentrai wil! refer any suspec#ed case of fraud to lava enforcement ar other authorities charged with investigating such matters. I~. As applicable, maintain hours of operation in accordance with and not exceeding the scope of the Provides vhild care license. p. Notify Family Central in writing a minimum of '14 calendar days in advance of any permanent ar temporary changes to its location and rrtust operate according to applicable Licensing requirements. P. Be liable for and indemnify, defend and hold harmless.Family Cen#ral and the Coalition ar~d aii of their respective afftcers, agents, and employees from al! claims, suits, judgments or damages, including attorneys' fees and casts arising out of any act, actions, neglect ar omissions by the Provider, ifs agents or employees during the performance or operation of this Service Agreement ar any subsequent modificai#an of this Service Agreement, whether director indirect, and whether to any person ar tangible ar intangible property. The Provider's inability tv evaluate its liability shall not excuse the Provider's duty to defend and indemnify within seven {7} calendar days after notice by Family Gentrai ar the Coalition by certified mail. After the highest appeal is exhausted, only an adjudication orjudgment specifically Ending the Provider oat liable shall excuse ,performance of this provision. The Provider shall pay all costs and fees including attorneys' fees relating to these obligations and their enforcement by Family Central ar the Coalition. Family Centrai's or the Coalition's failure to notify the Provider of a claim shall riot relieve the Provider of these duties. The Provider shad not be liable for the sale negligent acts of Famil Central or the Goalition_ phis rovision shall. not be construed as d -- '~ a waiver of an ~~. ht: or e~ense which rovi.de~r ma ossess az~d is limited b ~ revisions Q. Maintain any liability andlor accident insurance of such a type and with such terms and limits as may be reasonably associated with the services to be provided Lander this Service Agreement In aii cases, the Provider must maintain insurance as required by i law, including but oat Elmited to, any insurance required by child care licensing regulations. With respect to the insurance maintained by Provider covering its business: (a} Family Gentrai and the Coalition shall be earned as additional insureds (with the exception of workers' compensation insurance), {b) the Provider shall furnish Family Gentrai with written verification supporting the existence of such insurance coverage, and (c} the Provider shall notify Family Central in writing at least thirty (30) days in advance of any anticipated material change in coverage or cancellation. 'The Provider must vamply _ witi~ the insurance requirements of this paragraph bef©re reimbursement payments will be made. Ail insurance policies steal! be through insurers authorized ar eligible to write o~ Sac. 768.~t3, ~la_ tat. policies in Florida. This provision does not apply to the extent the Provider is self- insured, including but not limited to, a state agency or subdivision that is self-insured pursuant to Section 768.28(18), Florida Statutes_ • R. Submit to morirtoring by family Central to ensure compliance with this Service Agreement. Monitarings Wray occur randarnly #hroughout the year and are unannounced. If deficienoies are noted, they shall be corrected by the Provider in accordance with a written corrective action plan that includes time lines for correcting de#iciencies. Recurring lack of availability for monitoring, failure to comply with a corrective action plan, or failure to correct any deficiencies shall constitute a violation of this Service Agreement, - and is grounds for termination of this Service Agreement 5. Immediately report any known or suspected child abuse or neglect to the Florida Department of Children and Families thCCsugh the Child Abuse Registry t'1~-80fl~96- ABU51=}. T. Agree to attempt to settle any dispute relating to this Service Agreement or the services ' provided hereunder through the Family Central Grievance process as described in Attachment A -Grievance and Appeals Process which is expressly made a part of this Service Agreement and is incorporated by reference herein. En the event the provider fails to first go through the Family Centre! Grievance process, the Provider shall pay all of Family Centrals costs and fees including attorneys' fees relating to any action the provider may take. U. tae (a} certifed by Nonprofits l"irst; {b) a municipality; or (c) a Palm Reach County School District Aftersehoo) Program in order fo be eligible to receive CTC-A Scholarship funding. • V. 8e an active participant in Prime Tune's Q1S. W. Remain active in Prime Time's QIS. Active Participa#ion in Prime Time`s Ql5 is detrned by: completion of annual external assessments; quarterly progress checks documented by t~uality Advisors; full participation in Parts !and Il of self-assessment and completion of a program improvement Plan within 90 days of external assessments. The Provider shall not be eligible for CTC-A Scholarship funds if it fails to comply with Phis paragraph. il. Famy Centrat Res onsibiiities. Family Central shall: . A. Conduct monitor[ng of the Prauider's compliance with this Service Agreement. B. Noltfy the Provider of children whose parents choose the provider for an afterschool program funded by CTC~A Scholarships as appropriate, in accordance with Family Control's contract with the Coalition. C. Process payment to the Provider for child care services provided by the Provider under the CTC-A Scholarship program, subject to the availability of funds. The payment obligations under this Service Agreement are contingent upon funding by the Caalltion and other funding sources, as applicable. p. Forward the names of any child care provider suspected ofi committing fraud to law enforcement far further investigation as appropriate in the d"tscretion of Family Central. Ill. Tarrr-inatian. A< "Germination With Notice. This Service Agreement may be terminated by Family Central with or without cause upon na less than 24 hours notice if funds #o finance this Serrrice Agreement became unavailable. This Service Agreement may be terminated by 4 and/or t: e_ ~xa idex' 3U i=amiiy Centrai~ " n na less than 4~ days notice for any reason including, but not iirnited ta, breach of the Service Agreement hyf~>=~iv. i'3. Termination Wi#hoeait Notice. This Service Agreement may be terminated by Family Gen#ra1 without prior notice if: 1. The Provider fraudulently reports false information to 1=amiiy Central regarding the attendance of ahiidren at the afterschaoi program. 2. Any child care iioense required in order for the Provider to provide child acre is suspended, revoked or not renewed by the Eicensing authority. 3. The Provider is not subJect to iicensure by a licensing authority and Family Central is directed by the Coalition to terminate this Agreement due to a concern for the health andlor safety of the child(ren) in the Provider's care. C. Autor-tatic Terrt~inatian. This Service Agreement shall immediately terminate upon the expire#ian or termination of Family Central's contract with the Coaii#ion. i`at~ily Centrai's obligations with respect to any GTG-A Scholarship slots funded by sources other than the Coalition shall terminate upon expiration or termination of funding from the funding source. q. Termination far Non-Cnmptiarrce. if Family Central determines in its safe discre#ian that a Provider is out of compliance with one or more terms ar conditions of this Service Agreement, Family Centre[ may terminate the Service Agreement pursuant to the termination provisions set forth above. i=amiiy Central may also notify the Provider that, as a result, the Provider is not eligible to enter into a future Service Agreemen# with Family Central or othervrise be reimbursed far services using CTG A Scholarship funding provided by the Gaaii~on far a period of at least one (9) year fallowing the date of termination. Alternatively, Family Central may offer the Provider the option to enter into a Gompiiance Plan. if Family Gentrai and the Provider enter into a Compliance 171an, Family Gentrai in na way waives its right to terminate this Service Agreement far failure of the Provider to comply with the Compliance Flan or far breach of the Service Agreemen#. 111. lVlethod of F'ayrrtent. A, Rates. i'ayment for af#erschoal services shat! be based upon the Rate Sheet attached hereto as Attachment "B" which is expressly made a part hereof and incorporated lsy reference herein. S. Co-I=ayment. The required ca-paymen# is $9.80 per day, regardless of ful! or half day, far the first child In the family and $.90 per day for each additional child in the family. ..Family Gentrai wi11 deduc# the co-payment from the negotiated rate before payment is made to the Provider. It shall ice the respanslb'slity of the Provider to collect the parent ca- payment. Family Gentrai is not Involved in collecting the co~payment, except that Family Gentrai will assist in collecting up to two weeks of co-payments if two weeks or Eess of co- payments are past due and need to be collected prior to transfer of a child to a different child care provider, C. 1=ees. Families will pay the established registration fees of the Provider. Families will also pay any charges or fees associated with extra-curricular activities such as karate, dance class, snacks, fiield trips, etc. ^. Monthly Invoices. The Provider wi11 be paid by Family Gentrai on the basis of monthly invafces that report the eligible enrollment on a daily basis, The invoices shall be submitted on the Enrailrr~entlAttendance Certlficatian Sheet and Re nest for A royal of Payment-F.actended Absence forms provided by Family Central for this purpose. The Provider shall submit monthly invoices consisting of the attendance and reimbursement request forms to Family Centre[ not later than the four#h f4'"} calendar day of the. month. _ following the month in which services were provided. Monthly attendance and rei€r~bursement farms received after that day will be included in the fallowing month's report thus delaying the Prav€der's reimbursement until the next reimbursement period. The Provider forfeits al! rights to payment far any monthly attendance report submitted mare than 45 days foltaw€ng the end of the ser-rice period. Requests for reimbursement adJustments must be submitted in writing to Family Central within 45 days fallowing receipt ofi payment for that service period ar within twenty (20) days after the expiration ar termination of the Service Agreement whichever is sooner. Suspected fraudulent conduct by the Fravider in reporting information to Family Centrai in connection with receiving payment hereunder may result in terminat'~on of this Service Agreement and will be reported to the appropriate law enforcement authority ar authorities. invoice Due pates Jul 2 2410 October 4, 2014 Janus 4, 2411 Aril 4, 2011 Au ust 4, 2010 iovember 4 2010 Februa 4, 2011 Ma 4 2011 Se amber 3, 201{3 December 3 2010 March 4, 2011 June 3 2011 E. Payments. Reimbursement payments will be maiEed ar released for direct depas€t by Family Central net later than the sixfeenth 16th) r>alendar day of the month, following the month for which a completed and accurate invoice (lnaluding all required attendance infarmatfon) is submitted to Family Central, subject to availability of fends. This is not necessarily the date providers will have access to the payment, depending an bank reguiatians. Reimbursement shall be made for the eligible enrollment an a daily basis. Reimbursement Dates Jul 15, 2010 October 14, 2410 Janus 14 201 i Aril 14, 2011 Au ust 16 2014 November 16 2010 Februa 16 2011 Ma 16 2011 5e tember 16, 2010 Recember 15 2010 il~larch 16 2011 June 15, 2011 F. Gold Seat. Reimbursement at Gold Seal rates will be made only ff proper dacumentafion is submitted to Faml€y Centrai. Proper documentation includes a current Gold Seal certificate from the State of Fivrida and a current accreditation certificate from an accrediting body recognized by the State of Florida. if the Provider ceases to qualify at any time far payment of Gold Seal mates, the Provider will be reimbursed at the non-Gold Sea[ rates. During the month when a Gold Seal certificate expires and the renewal certificate has eat been received by Family Centre€, care will be reimbursed at non-Gold Seal rates, with the Gold Seal differential being paid the following month provided that Family Central receives the certificate within 10 days of the Issuance of the renewal certificate. Gold Seal rates far renewed certiflcatian will be effective frflm the date of renewal provided Family Central receives the cart€fcate within 10 days of the issuance of the Gald Sea[ renewal certificate. Otherwise, the Goid Seal rates far the renewed certification will be effective when the -• certificate is received by Family Central. Geld Seal rates for newly Gold Seal certified facilities will t1e effective the first of the month following receipt of the Gald Seal Certificate by Family Centre€. G. Funding Source. Reimbursement will not be made for children receiving afterschaol care through a funding source other than the source of funding under this Service Agreement, H. Terminatiart of Service tca Ghent. if a child ceases to be eligible far CTC A Scholarship funding, Family Central will notify the Provider of the child's term€nat€on da#e. The Fravider shall not be entitled to reimbursement beyond the termination date as indicated on the child care certificate or the date, an which the Fravider is notified by telephone or in writing of a child's termination, whichever is earlier. V. Reimbursement Policies. A. Program Holidays The Provider wii[ be paid far the following holidays. ~' I7nc~in n~4nr1 Jul 5, 201© Inde endence pa Se tember&, 2090 i.abar Qa Paid at Part-time rates Noverrtber 25 2010 Thanks loin Da T~ecember 24 2010 Christmas December 31,2090 New Year's Ma 30 2011 Memorial I]a Paid at Part-time rates Floating (up to a maximum of 6) November 26, 2010 December 23, 2090 December 27, 2010 Janus 3, 2017. Janus 17, 201') irebrua 21, 201'1 Any changes to floating holidays must be submitted in writing at least 45 calendar days prior to the f rst day of the month in which the holiday will occur. Children are not eligible for holiday reimbursement if they are not normally Scheduled to attend that day.. A child rr~ust attend at least ane day during the month far a provider to be paid far any absences ar haiidays. Part time rates wi11 be paid for MemvrlaE Clay and Lobar Day. Additional floating holidays selected by the provider as described above may also be paid at the part time rate if the day before ar after the additional holiday is paid at apart Ome rate. The Provider will also close far the fallowing days and lime periods. The Provider will not be reimbursed for these clays. N!A Providers must notify Family Central in the event they are closed any days not listed in this Service Agreement B. Reimbursement for Absences Reimbursement may b® made for a total of 3 absences during a calendar month far each child. Under extenuating circumstance and With proper documentation up to an additional 7 (seven) absences within a month may be paid at the discretion of l=amity - Central. A chiid must attend at feast one day during the month far a provider to be paid far any absences yr haiidays. Reimbursement will not be made for each day entered on the attendance lag as "1V" or '• not reimbursable. If the day before or the day after a holiday is marked"l~" (not reimbursable}, the Provider ' will not be reimbursed far the holiday. If the da before ar the da after a series of holidavs andlor f#oatnct holidays is marked "IV", the provider will not _ tie eeimbursed far an of the holida s andlor fioatin hnlida s, If the Provider determines that a parent does not intend to return a child to the afterschool program, then the chiid must be terminated from the afferschon! program, and future days are non-reimbursable. These non~relmbursable days must be coded as "T" an attendance sheets. 7 if a child is absent for frve (5} consecutive days and the parent does not contact the • Provider, the Provider steal[ notify Family Central and Family Central shall determine whether continued afterschaal care is needed. G. Summary of ~nrollmesntlAttendance Codes lM - i=xcused Absence X - Enrolled 1 Present {a day a child is present} A - Au#horized Absence beyond 8 days (excused absence beyond three {3} days, which has been approved lay Family Central} li _ fi~eimbursabte Holiday T' - Terminated (day child is disenroNed} N - Enmlied, not reimbursable. D. No Reimbursement Iln l~xcess of Licensed Capacity Family Central is not responsible for licensing of the Provider. However, Family Central cannot, and will not, reimburse the Provider for services provided to any child in excess of the Provider's licensed capacity a# any given time. Family Central reserves the right, in its sole discretion, not to enrcall a child with the Provider when It appears that to do sa would result In the Provider exceeding its licensed capacity at any given time, and until such time that the appropriate licensing authr~rity confirms to Family Central that the proposed enrollmenf will not cause the Provider fo exceed its Licensed capacity. tJnder no circumstances will Family Central enrol! children with a Provider that Family Central knows will cause the Provider to exceed its licensed capacity at any given time. Family Central further reserves the right to seek the refurn of any paymerFf made to the Provider to reimburse the Provider for services provided to a child at a tune when the Provider was Qut of compliance with its licensed capacity, as determined by the licensing authority. Vl. {gene otiationlNlodi~cation. Modifications to this Service Agreerr3ent shall be valid only when they have been reduced to writing and duly signed. The parties agree to renegotiate this Service Agreement if federal, state andlor county revisions at any applicable laws or regutatians make changes in this Service Agreement necessary. Vll. Name Mailirl and Street Address of Pa ee. "fhe name and mailing address of ti-re official payee to whom Family Central shall make payment: program Contact: Program Name: Program Addrsss: Telephone Number: i t~l ~a ~ •t t 8 The name bf the contact pet'san and street address where financial and administrative records are maintained: Program Contact: Program Name: _ ~e 't'~= Program Address: Telephone Number: The services reimbursed under this Service A reement will be rovided at the followiri location: Vl1t. IVliscellar~eous. A. Terra. This Service Agreement is effective as of July 7. 20'!0, and will automatically termina#e on June 30 20'(1 hereinafter referred to as the "Agreement Period" unless terminated earlier as provided herein. This Service Agreement may be renewed by Family Central, at its option, for one additional one year period. B. Assignment. Neither Party may assign Its interest under this Service Agreement except with the prior written consent of the other Party, which consent shall not be unreasonably withheld. Without limiting or res#rieting the generality ofi the foregoing, it shaii naE be unreasonable far a party to deny its consent where, in its opinion, acting reasonably, the proposed assignee, purchaser or transferee faclts the capacity or resources necessary to ensure the proper conduct and completion of its obligations under this Service Agreement aver the remaining portion of the Agreement Pericd. No assignment shaii operate to release the assigning Patty from its obligations hereunder unless such Party Is expressly released from its obligations by the other Party. C. inurement. This Service Agreement shaii be binding upon and inure to the benefit of the Parties hereto and their respec#ive successors and assigns. Nothing contained in this Service Agreement, express flr implied, is intended to confer upon any other person ar entity any benefits, rights or remedies. [3. Waiver. No waiver by any Party of one or more defaults by any other Party in the performance of any provisions of this Service Agreement shall operate or be construed as a waiver of any future default or defaults, whether of a like ar a different character. E, Headings. The headings in this Service Agreement are inserted for convenience or reference only and shaii oat affect the meaning ar construction hereof. P. Entire Agreement. This Service Agreement represents the entire understanding between -the Parties relative to the masters addressed herein. There are na restrictions, promises, warranties nr undertakings other than those set Earth ar referred to herein. G. Amendment. This Service Agreement may oat be amended without the execution of a written document by ap Parties hereto. H. Governing Law ar~d Venue. This Service Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws. Venue far purposes of any action brought to enforce or construe this Service Agreement shall be in Palm Beach County, Florida. iN WITNESS THFREdF, the parties have caused this 72 page Service Agreement to bs executed by #heir undersigned officials as duty authorized. The undersigned represents and warrants tha# helshe hes full and com fete authori to execute the agreement on behalf of .~. : ~ ,~., tom. ~ ~.i.....~.._--- ,~ PRaVlpER: FAMlI.Y CEN'I"RAl, TNC. ~_~ tPrograrn's Corporate Name} dfbla Signature: Name: {please print} TitFe: bate: Federal 1. D. or SS #: Siignature; Name: Barbara A. Weinstein, Ed.D. Tiitle: RresitFentfChief Executive Offieer Date: Approved as #Q Corm >~~tt# legal suf icle~cy: ~~,Gity ~ ~ra~~ j ~a Attachment A i GRfEVANCE AND APPEALS PROCESS Customer satisfaction is very important to the staff at Farmly Central, inc. (FCI}. If you are dissatisfied with the service you have received or with information that has been provided to you, please ask to speak tv a Supervisor, l~lanager or Department Qirector. Our goal is to resolve the complaint and problem to the best of our ability_ if you believe that your rights have been violated in any way or if a FCI employee has not adhered to a written policy, protocol, procedure, administrative rule or statute, you have the right to file a grievance. Should you feel the need to file a grievance, the process will proceed as follows: You may contact the ©irectar via phone or in writing, ar you may ask any FCl staff person (e.g.: Counselor} to help you to initiate the process. You wilt be asked to complete and sign a Grievance and Appeals Report Farm. • The Director or designee will contact you with€n four (4} business days to try to discuss the issue and attempt to seek resolution. • After working with the Director or designee, if yvu are not satisfied with the proposed resolution, the FCI Vice President or designee wi€) contact you and discuss the. grievance within five {5} business days. After working with the Vice President or designee, if you are not satisfied with the proposed reso€ution, the grievance may be referred to the appropriate funding agency ar the Ghlef Operating Officer or designee who wiil contac# you and discuss the grievance within five {5} business days of receiving the grievance. • After a discussion with the Chief Operating Officer or designee, if you are stiq not satisfied with the proposed resolution, the PresidentlCEO will convene a Grievance Committee to review your case within fifteen {'i 5} business days. • The decision of the Grievance Gorrimittee will be final. If you do not agree with the final FCl resolution, if applicable, you may request that the program funding source's grievance procedure be initiated at this paint. if you have any questions about this process, please da not hesitate to contact the FCI Qepartment Director ar Vice President. In the event a grievance is filed, we look forward to working with you to came to a satisfactory conclusion. 1~ A7TACliMtrN'f °=B„ FIXED RATE SHEET ~ ~ i'rogram's Marne CTC A Scholarships provides funding far afterschool programs in accordance with the school year calendar, Children will be eligible to receive Part Time Care during regular sohaol days and F'ull~Time care during summer, school: Closure days (which do not include weekends and non-reimbursable holidays or other days the Provider is closed] and early release days. Afterschool relrnbursement shall be based upon the following fixed rate per child: FULL, TIME DAILY Summet, School Closure Days; Early Release $19.86 Days PART TIME DAILY Regular Schaal Days $70.+34 The required co-payment is $1.80 per day, regardless of ful! or half day, far the first child in the family and $.90 per day for each additional child in the family. Family Central shall deduct the co- payment from the rate before payment Is rrtade to tl~e Provider. i I Rages Effective: July 1, 2070 . Provider's Signature: late: 12 Page 1 of 1 ~MOx~,.N~Um~ TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: June 10, 2010 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF JUNE 15, 2010 SCHOOL READINESS CHILD CARE SERVICE AGREEMENTIFAMILY CENTRAL INC. ITEM BEFORE COMMISSION Request City Commission approval of a School Readiness Child Care Service Agreement between Family Central, Inc. and the City of Delray Beach to provide subsidized child care funding for the Afterschool Program located at Pompey Park and Community Center. BACKGROUND The term of the attached School Readiness Child Care Service Agreement between Family Central, Inc. and the City of Delray Beach is July 1, 2010 through June 30, 2011. This agreement is to continue with subsidized child care funding for the afterschool program. Children enrolled through the program will be subsidized at a reimbursable rate (less the applicable parent fee} to the City at $2.75/child/part-time day and $13.00/child/full-time day. RECOMMENDATION Parks and Recreation Department recommends City Commission approval. http://miweb001/Agendas/Bluesheet.aspx?ItemID=3407&Meeting1D=262 6/11/2010 ~[,A. ~ ~~~ T Cl~an&ingliivos ~~ ~ >Fe~t~a SCHOOL READINESS CHILD CARE SERVICE AGREEMENT BETWi=I:N FAMILY GENTRAL, #NC. AID The artier to this Service A reement are f=arr~i Gentrai, Ina. Famy Central"}, and ' - (the "provider"}. Famiiy Ceritrai perfartt3s.administrative duties in the enroilment of children rota thiid care programs and with respect to financialiy- assisfed sahooi readiness funding avaiiable through the Early t_earning Gaalitian of Palm Beach Gaunty inc. (the "Coaiitinn"} and subsidized child tare funding available from other sources that may include the Florida ^epar#rrient of Children and FamiCes Ofiiice of Refugee Services and the Workforce Alliance. The purpose of this Service Agreement is to es#abiish the method by which Provider will r:rceive payment available #hrnugh the sahanl readiness program and other programs fiat children eligible far financially-assisted school readiness services or subsidized child care that are in file provider's- care: The Parties atisnawledge that tf>.e Provider is not a subcontractor of Famiiy Central, Family Central has no control aver the day-ta-day operations of the Provider, and that the existence of this Service Agreement does not require or guarantee enrollment of children in the Provider's child care program. The Parfles agree as follows: Provider Responsibilities. The l'rovlder shall: A. Attend a new provider orientation within the frst BO days of his Service Agreement if the Provider has not previously been a party to a Service Agreement far school readiness funding provided by the Coalition. B. Retain cif client redards, fitnancial retards, supporting dncumersts, statistical records, and any other documents (including electronic storage media) pertinent to this Service Agreement for five (5j years after termination of this Service Agreement, nr if an audit has been initiated and audit findings have oaf been resolved at the end of five (5} years, the retards shall be retained unl#i resolution of Cite audit findings. G Ensure that ail records pertinent to this Service Agreement, including but not limited to sign-in/sign- nut and attendance records, are available at alI reasonable times for inspection, review, copying ar audit by Federal auditors, represen#atives of fife Comptratler of the State of Florida ar the Auditor General of Florida, nr other personnel duly authorized by Farriily Central, the Coalition, ©epartmerlt of Education, Offiae of Early tearrting or the Agencyfor Workforce Innava#ian. D. Permit persons duiy aufharfzed by Famiiy Gentrai and/or the Coalition to access, inspect andfar copy any papers, documents, facilities, goads or services of the provider which are relevant to this Service Agreement and to interview any clients nr employees of the Provider to ensure the satisfactory performance of the terms and conditions of this Service Agreement, i"ailure to allow access to duiy authorized persons may result in non-payment far that day and provider termination Pram the School Readiness Program. l=, Not discriminate against partfcipan#s in fire school readiness prrogram or ,~mplayees because of age, race, creed, color, disability, national origin, or gender. F. Not hold itself out, nor should its employees hold themselves out, as employees, agents, servants, joint venturers, partners or representatives of Famiiy Central nr the Caa[ition. G. Caardinafe a Level I developmental screening using the Gaalitian approved streeninglaSSessment foals for f 00% of Chiidren ages birth to 5 years in school readiness child care for whom a parent -9- Family CenFral, Inc. • 3199 5. D}xie Highway, i'F222 • Niest Palm Beach, FI., 334Q5 andlor guardian has consented in writing to the developmental screening/assessment. The Provider shall ensure that each parentlguardian corrtpletes a consent form far developmental screening or signs a denial for screeninglassessment Providar is responsible far submitting information tt~ Horne Safe, Inc ("Home Safe) or the Coalition as required in connection with developmental screeninglassessment Provider must participate in trainings as required relating to developmental screenings and assessments. Records relating to any screening or assessment coordinated or administered by the Provider, including but not Iirnited to Level I ar Levei it developmental screenings, shall be maintained for the longer of three years after the date the child is last enrolled with the Provider or the retention period in Section I_B. above. H. Permit persons duly authorized by the Caalifian to provide Level i! developmental sereeningl assessment for those children far which the Provider receives financially-assisted school readiness funding. 1. Provide classical music daily for afi children birth to 6 years. ,#. Read to all children birth tv ~ years at least 30 minutes each day. K, Keep confidential all information concerning ail children and their families required to be kept confidential 6y law and provide adequate security in its record keeping. L. Return to Family Central any overpayment due to unearned fiords ar funds disal!€~wed pursuant to the terms of this Service Agreement that were disbursed to the Provider by Family Central. The Provider shall return any overpayment to Family Central within thirty (30) calendar days after either discovery or notification of the overpayment. if the Provider or its independent auditors discover an overpayment has been trade, the Provider shall repay the overpayment within thirty (30) calendar days without prior notification from 1=amity Central. l~otwithstanding any provision in this Service Agreement #a the contrary, Family Central reserves the right to deduct from the Provider's reimbursement payment any overpayment discovered through a monitoring, audit or through any other means. If Family Central makes such a deduction from a reimbursement payment, it shall provide the Provider with notice in writing of the reason for the deduction and the amount of the deduction at the time the reimbursement payment is made. M. Submit the fins! invoice far payment to Family Central no more than twenty {20) calendar days after termination or expiration of the Service Agreement; If the Provider fails to da so, al! right to payment is forfeited, and Family Central will not honor any requests far payment submitted after the aforesaid Time period. Any payment due under the terms of this Service Agreement may be withheld until all evaluation and financial reports due from the Provider and necessary adjustments thereto, have been approved by i=amily Central. N. Comply with a13 applicable federal, state and local laws and regulations, including but not limited to, requirements of Coalition, Family Central, local fire and health authorities, the Palm Beach County Child Care Ordinance, applicable Workers' Compensation laws, and Chapters B5C-20, 65C-2'[ and 85C-22, Florida Administrative Code. Failure to comply with federal, state or local laws or regulations may result in termination and/or nonpayment of child care services. O. Accept a school readiness chiid only afiter receiving authorization from Family Central. ini6ial autharixatian may be by phone. Written autitarization from Family Central must be received before payments will be made. P. Maintain Current documentarian on each child, including autharizatior3, enrollment, attendance, and termination records. The Provider is required to maintain a manual or electronic sign-inlsign-out system which parentslguardians or other authorized persons must utilize each day their child(ren) are in attendance. Parents/Guardians ar authorized parsons using a manual sign-inlsignout sheet must sign thou ahiid(ren) in and out every day by signing their full signature and time inlout {including AM and PM for those providers offering extended care). ParentslGuardians orauthorized persons using an electronic sign-inlsign-out system must sign their full signature and date on a printed version of the electronic record within three (3) calendar days after the end of each month. Sign-inlsign-out sheets must remain an-site at the Provider's location far the current and previous .. 2 Famlry Cerittaf, tr~c. ~ 3191 S. Dbde Hlg[~vay, #222 ~ ws5t parm Beach, FL 33405 three months and shall be immediately available for inspectien andlor pick-up by individuals authorized by Family Central. In the event that the Provider is unable to produce sign-inlsign-cut sheets on-site in accordance with this paragraph, reimbursement shall not be made for any days for which a completed sign-inlsign-out sheet is not immediately available on-site at the Provider's location. Sign-inlsign-out sheets must lae {€ep# far a minimum of five years or the retention period in Section i.s. above, whichever is longer, and must be available far inspection by Family Central, the Coalition andlor other subsidized child care funding sources, In the event of a discrepancy between align-inlsign-out sheet and an attendance sheet, the sign-inlsign-out sheet shall control. Q. Be liable for prosecution under State law for fraudulently misrepresenting a child's attendance andlor signanlsign-cut roster. This includes, but is not limited to, deliberately claiming children far reimbursement who are not attending, falsifying Enrollment Attendance Certification sheets, and falsifying sign-inlsign-out sheets. R. Maintain hours of operation in accordance with and not exceeding the scope of the Provider's child care license. S. E~atify Family Central in writing a minimum of 'l4 calendar days in advance of any changes to its location. T. Be liable far and indemnify, defend and hold harmless family Central and ire Coalition and a!I of their respective oft'icers, agents, and employees from all claims, suits, Judgments ar damages, including attorneys' flees and casts arising out of any act, actions, neglect or omissions by the Provider, its agents or employees during the performance or operation of this Service Agreement or any subsequent modification of this Service Agreement, Whether direct or indirec#, and whether to any person or #angibie or intangible property. The Provider's inability to evaluate its liability shall not excuse the Provider's duty #a defend and indemnify within seven {7) calendar days after notice by Family Central or the Coalition by certified mall. After the highest appeal is exhausted, only an adjudication or judgment specifically finding the Provider not liable shah excuse performance of this provision. The Provider shall pay all costs and fees including attorneys' fees relating to these obligations and their enforcement by Family Central or the Coalition.. Family Central's or the Coati#ian's failure to notify the Provider of a claim shall not relieve the Provider of these duties. The Provider shall not be liable far the sole negligent acts of Family Central or the Coalition. This provision shall not be construed as a waiver of any right or defense which Provider may possess and is limited by provisions of Sec. 76828, Florida Statue, U. Main#ain any liability andlor accident insurance as required by law, including but not limited to, any insurance required by child care licensing regulations. Any insurance coverage beyond that required by law is optional, but encouraged. If the Provider is a child care facility or family child care home and maintains liability andlor accident insurance covering its business: {a} i=amity Centro[ and the Coalition shall be named as additional insureds, {b} the Provider shall furnish Family Central with written veril-icativn supporting the existence of such insurance coverage, and {c) the Provider shat! notify Family Central in writing at least thirty {30) days in advance afi any anticipated material change in coverage or cancellation. Family Central and the Coalition need not be Warned as additional insureds on any Workers Compensation policies. The Provider must comply with the insurance requirements of this paragraph before reimbursement payments will be made, This provision does not apply to the extent the I~rovider is self insured, including but not limited to, a state agency or subdivision that is self insured pursuant to Section 788.28{'i6}, Florida $t$tLftES. V. Submit to monitoring by I=amiiy Central to ensure compliance with this Service Agreement. Monitorings may occur randomly throughout the year and are unannounced. If deficiencies are Hated, they shall be corrected by the Provider in accordance with a written corrective ac#ion plan that includes time Lines for correcting deficiencies. Recurring tack of availability for monitoring shall constitute a violation of this Service Agreement, and is grounds for termina#ion of the Service Agreement. W, immediately report any known ar suspected child abuse or neglect to the Florida Department of Children and Families through the Child Abuse Registry {7-80~9fi-ABUSE}. ............ ........... . -3- ~8tnl[y CenlvaE, It1C. • 3'E13 5. ©ixie Wigt~way, #222 • west P:~I[Tt BC"i3C13, FL 33405 X. report any unexctised absence or seven consecutive excused absences of an At Risk child of any age to the Florida Department of Children and Families' (DCF} hotline at (869) 837-5fitf5 or lu~if free 9 (886) 325-5323 by noon on the day of the child's first unexcused absence nr the day of the child's seventh consecutive excused absence, if you cannot reach someone at the hotline, please cal{ the 1~CF Externs! Affairs Office at (b61) 837'-5080. Y. Agree to attempt th settle any dispute rela#ing to this Service Agreement or the services provided hereunder through the Family Centro! Grievance process as described in Attachment A - Grievance and Appeals Process vrhich is expressly made a part of this Service Agreement acrd is incorporated by reference herein. In the event the provider fails to first go through the l=amity Central Grievance process, the Provider shall pay aft Family Central costs and fees including attorneys' fees relating to any action the provider may take. Z. Far off children birth to five use a Coalition approved developmen#aily appropriate curriculum with a character education component pursuant to, Attachment B - curriculum list and approval process which !s expressly made a part of this Service Agreement and incorporated by reference herein. AA. Ensure the director and curriculum specialist or the family child care hams provider or informal care provider complete 12 hours of 1}afm Beach County Registry approved training in their Coalition-~ approved curriC:ulm Pn or before June 30, 2fl11. Training from the approved cttrriculm publisher, distributor, or a child care center's corporate office may subsititute for this (mining. Those who have corrtpleted this training before Jufy 9, 201 fl, must maintain proof of comply#ion and are required to take five (5} hours of Maim Beach County Registry, Department of Children and Families (DCF}; or Department of 1=duration (DC}l=) approved training in cun-iculum support during the terra of the Service Agreement. if the Provider has developed its own Coalition-approved curriculum the Provider's director and curriculum specialist ,or the family child care home provider or informal care provider must complete a minimum of five (5) hours of Palm Beach County registry; Department of Children and Families (DCF}; or Department of Education (DOE) approved curriculum support training between July 1, 2010 and June 30, 2011. All lead feathers must complete a minimum of five (5} hours of Palm Beach County Registry; Department of Children and Families ~DC1=); ar Department of Education (lQpi=) approved training in curriculum support far the age group with which they work between July 1, 2010 anti June 30, 2011. A written plan to meet all curriculum training requirements as outlined in this paragraph AA must be maintained an the provider's site using the Training Template set forth in Attachment C which is expressly made a part of this Service Agreement and incorporated by reference herein. t.ead teachers are defined as the person primarily responsible for a group of children for the majority of the day. A minimum of one lead teacher per classroom is required. Curriculum specialist is defined as the staf€ person who oversees a center's educational program for afi least 5fl% of the time. BB. To the extent that the Provider receives any funding for slots under the Continue-to-Care ("CTC") Scholarship Prograrr~, comply with alt applicable terms and conditions of the Continua-ta-Care Scholarship and Procedure Manual of the Children's Services Council of Palm Beach County as rr~ay be amended from time to time (the "CTC Manual"). A copy of the CTC Manual may be obtained from Family Central and is incorporated herein and made a part hereof for elf Providers that receive CTC slots. To the extent that anything in the CTC Manual that is inconsistent with the terms of this Service Agreement, the CTC Manual shall govern. CC. To the extent that the Provider receives reimbursement for subsidized child care funded by any source other than the Coalition, comply with all applicable requirements of the funding source as Communicated by Family Central to the Provider. -4- Famity Central In0..3413 S. i)ixie Highway, #222 • West Palm Beach, FL 334Q5 [i.: Family Cet;;trai~R~olasibitities. Family Central shat[: A, Conduct monitoring of the Provider to ensure aompliance with this 5ervioe Agreement. B. Process payment to the Provider for child care services provided by the Provider under the school readiness program or other subsidized child care programs, subject to the availability of funds. The payment obligations under this Service Agreement are contingent upon an annual appropriation by the Florida Legislature, and funding by the Coalition and other funding sources, as app[icable_ C. Notify the provider of At-Ris[c children. a. Forward the names of any child care provider suspected of committing fraud to the Florida Agency for Workforce innovation and to [aw enforcement for further investigation as appropriate in the discretion of Family Central. lli. Termination. ` cA.1r ar~d/ox the A. Terrrtination With Notice. This Service Agreement may be terminated by Family Central with orPxova.der without cause upon na less than ~-5 caiend~r days notice for reasons including, but not limit~d to: 3© l 1. Funds to finance this Service Agreement become navailable; or axzrl.Jox ~ami.l Central ~: The Provide ent. B. Termination Without Notice. This Service Agreement may be terminated by Family Central .immediately without prior notice if: 1. The Provider fraudulently reports false information to Family Central regarding the attendance of children at the child care program; 2. Any child care [[tense required in order for the Provider to provide child care is revoked or not renewed by the licensing authority. 3. The Provider is not subject to licensure by a licensing authority and Family Central is directed by the Coalition to terminate this Service Agreement due to a concern for the health and/or safety of the child(ren) in the Provider's care. C. Autorrratic Termination, This Service Agreement steal[ immediately terminate upon the expiration or termination of Family Gentra['s contract with the Coalition. Family Central's obligations with respect to any slots funded by sources other than the Coalition shall terminate upon expiration or termination of funding from the funding source, D. Termination far Nan-Cornpiiance. if Family Central detertnlnes In its sole discretion that a Provider is out of compliance with one or more terms or conditions of this Service Agreement, Family Central may terminate the Service Agreement pursuant to the termination prrlvlsions set Earth above. Family Central may also notify the Provider that, as a result, the Provider is not eligible to enter into a future Service Agreement with Family Central ar otherwise 6e reimbursed for Schaaf readiness services with funding provided by the Coalition for a period of at least one ('!) year following the date of termination. Alternatively, Family Central may Offer the Provider the option to enter into a Compliance Plan. tV. Method of Payment A. Negotiated Rates. 1'aymet-t for S€;bsidized childcare Services shall be based upon the School Readiness Negotiated Rata Sheets attached here to as Attachment D which are expressly made a .. ~ .. Fam11y Cenbrai, InC. • 39 7 i S. Dixie Hig33way, 6222 • west Palm Beach, ^rt 33405 part hereof and incorporated by reference herein. in no event will file Provider be reimbursed at a rate That exceeds the lower of the maxirrtum reimbursement rate designated by the Coalition, or the Provider's maximum private pay rate. Increases in the negotiated reimbursement rate will be effective, as applicable, the first of the month fallowing notification in writing by tits provider to Family Central. B. Parent Fees. 'T'he authorized sliding scale parent fee shall be deducted from the rtegtatiated rate before payment is made to the Provider. It shalt be the responsibility of the Provider to cnllect the parent fee, except that Family Central will assist in collecting up to two weeks of parent fees if two weeks or Tess of parent flees are past due and need to be collected prior to a transfer of a child to a different child care provider, C. Child Care Executive PartnerrE~ils_ if the Provider participates in the Child Care Executive Partnership Prngram, the Provider's portion ofi matching Bands may be deducted frarn the negotiated rate before payment is made to the Provider. D. Monthly Invoices. `the Provider wiii be paid by Family Central an the basis of monthly invoices that report the eligible enrolimen# on a deity basis_ The invoices shall be submitted an fife FnrollrrtentlAttendance Certification sheet and Request for Approval of .Payment-Extended Absence forms provided by Family Central for this purpose. The Provider shall submit monthly invoices aansisting of these forms to i=amity Central not inter than the fourth ~i'h calendar da nt the month following the month in which services were provided. if the 4 calendar day falls on_a month. Monthly attendance and reimbursement farms received after that day wiii be included in the fallowing month`s report thus delaying fife Provider's reirrtbursement until the next reimburser~tent pEriod. ~'he Provider forfeits ail rights to payment for any rrannthly attendance report submifted more than 45 days following the end of the service period. Requests far reimbursement adjustments must be submitted in writing to t=amity Central within 45 days following receipt nfi payment for that service period ar within twenty {20) days after the expiration or.termtnatian of the 5erviCe Agreement whichever is sooner. Fraudulent conduct by the Provider in reporting information to Family Central in connection with receiving payment hereunder will result in terrrtinafian of this Service Agreement and will be reported th the appropriate law enforcement authority or authorities. Invoice Due Dates Jul 2, 2010 October ~, 2010 Janus 4, 2091 Aril 4 2011 Au ust 4, 2010 November 4, 2010 Februa ~! 2011 Ma ~ 2E311 Se tember 3, 2010 pecember 3, 20113 March 4, 2019 June 3, 2011 E. Payments. Reimbursement payments wiii be mailed or released far direct deposit by Family Central not cater than the sixteenth (16th) calendar day of fire month, following the month for which a completed and accurate invoice {including all required attendance information) is submitted to Fatally Central, subject to,availabiiity of funds_ This is not necessarily the date providers will have access #a the payment, depending on bank regulations. Reimbursement shah be made far fire eligible enrollment on a daisy basis. Reimbursement pates Jul 15, 2010 October 14, 2010 Janus 14 20'11 Aril 1~1, 2011 Au ust 18, 21310 November 1B, 2010 Februa 16, 20'11 Ma 16, 2011 Se tember 16, 213113 December 15, 20113 March 96, 2011 June 15, 2011 F_ Gold $~1. Reimbursement at Gotd Seal Cdt~5 WiII be made only ~f proper documentation i5 submitked to Family Central. Proper documentation includes a current Gold Seal certificate from the State of Florida and a current accreditation eer#ificate from an accrediting body recognized by the State of Florida, In no event wiii a Goid Seal Provider be reimbursed a# a rate that exceeds the lower of the rnaximurr~ Gold Seal rate as designated by the Coalition or the Provider`s rttaxlmum private pay rate. If the Provider ceases to qualify at any time far payment of Gold Seat rates, the -6- Famly Central, Inc, . 3'(i i 5. Dike Highway, 11222 . west Halm Beach, FE 83A~5 Provider wi!! be reimbursed at the non-Gold Seal rates uuhich shall not exceed the maximum rates for non-Gold Seal providers as designated by the Coalition, C7uring the month when a Gofd Seal certificate expires and the renewal certificate has not been received by Farnliy Central, care will be reimbursed at non-Gold Seal rates, with the Gold Seat differential being paid the following month provided that Family Central receives the certificate within 10 days of the issuance of the renews[ certificate, Gald Seal rates for renewed certification will be effective from the date of renewal provided Family Central receives the certificate within 10 days of the issuance of the Gold Sea) renewal certificate. otherwise, file Gnid Seal rates for the renewed certification will be effective when the certificate is received by Family Central. Gold 5eaf rates for newsy Goid Seal certified facilities will be effective the first of the month following receipt of the Gald Seal Certificate by Farrtily Central. G. Fondling Soarce. Reimbursement will not be made for children being paid for through a funding source other than the source of funding under this Service Agreement f°i. Termiinatlon of Service to Client, If a child ceases to be eligible for financially-assisted school readiness services or other subsidized child care, )gamily Central will notify the Provider of the child`s termination date. The Provider shall not be entitled to reimbursement beyond the #ermination date as indicated on the child care certificate ar the date on which the Provider is notified by #elephane or in writing of a child's termination, whichever is earlier. !. VpK Wrap around rates. The Payment rate for wrap around readiness services is calculated in accordance with guidelines established by the C?fl'ice of Early Learning, regardless of whether the private pre-kindergarten provider or public school delivering fhe VPK program for the child is the s>~me or different than the school readiness provider delivering the vurap-around readiness 5E:rVlCes. V. Reimbursemelnt Policies. A. Program Holidays The Providerwill be paid for the following holidays. t]esignaited Jul 5, 2010 lode ndence pa Se tember B, 2D10 Labor pa t~avember 25, 2010 hanks ivin Da December 24, 2010 Christmas December 31, 2010 New Year's Ma 30, 2017 Memorial Da Fioat'tng NGVEMBImR 26, 2010 DECEMBER 23, 2010 DECEMBER 27, 2010 JANUARY 3, 2011 JAt~iUA#2Y 17, 2011 FEBRUARY 21, 2011 Any changes to floating holidays must be submitted in writing at least 45 calendar days prior to the first day of the month in which the holiday change will occur. Children are oat eligible fAr holiday reimbursement if They are not normally scheduled to attend that day. A child must attend at least one day during the month for a provider to be paid far any absences or hoildays. Part time rates will be paid far afterschool children for Memonai Day and mbar Day. Additional floating holidays selected by the provider as described above may also be paid at the part time rate for afterschaol children h the day before or after the additional holiday is paid at a part time rate. The Pravtdsr will also close for the following days end tirrte periods. The Provider wilt not be reimbursed for these days. _?- Farr~ly Central, Inc. • 8117 3. Dixie Highway, #222 • West Aal~n 8~act1, FL 3340.5 t~lA Providers must notify Family Central in the event they are closed any days net listed in this 5etv'tce Agreement. 8. Rairnbursement for Absences Reimbursement may be matte for a total of 3 absences during a calendar month far each child. Under extenuat)ng circumstance and with proper documentation up to an additional 7 seven) absences within a month tray be paid at the discretion of Family Central. A child must attend at least ane day during the month for a provider to be paid for any absences ar holidays. Reimbursement wil! not be made for each day entered on the attendance log as "1~" or not reimbursable. If the day before or the day after. a holiday is marked. "N" (not reimbursable), the Provider will not be reimbursed far the holiday. tf the da before or the da after a series of holida s andlor floatinu h~_lidas-s is marked."N'°, the pmvider will nat be reimbursed #or env of the hoiidaVs andlor #toatin holida s. if the Provider determines khat a parent-does not intend to return a child to the child care program, then the child must be terminated from the child care program, and future days are non- reimbursable. These non-reimbursable days must be coded as "T" on attendance sheets. if a child is absent far five {';} consecutive days and the parent does not contact the Provider, the Provider shat[ notify Family Central and Family Centre! shall determine whether continued care is needed. C. summary of EnrolimentlAttendance Codes f=- Excused Absence X - Enrotted !Present (a day a chiid is present) A - Authorized Absence beyond 3 days (excused absence beyond three {3) days, which has been approved by Family Central) H - Reimbursable Holiday T » Terrntnated (day child is disenrolied) N - Enrolled, not reimbursab[e. D. No Reirn€bursetnent In Excess of Licensed Capacity No Reimbursement viii be made for children in excess of the Provider's licensed capacity at any given time. Family Central reserves the right, at its sgie discretion, to limit future enrollment when a Pr©vider has been found to be over its licensed capacity at any given time. Under no circumstances will Family Central enroll children with a Provider that Family Gentrai knows will cause the Provider to exceed its licensed capacity at any given time. Vt. RenegotiationlModi#tcation. Modifications tv this Service Agreement shah be valid only when they have been reduced to writing and duly signed. The parFies agree to renegotiate this Service Agreement if federal, state andlar county revisions of arty applicable laws ar regulalaons make changes in this Service Agreement necessary. -8- Family Central, InC. • 6191 S. 131xie Highway, #222 • West !'elm Bearh, ~~ 33AOb Vli. Nmrne. Mailing and Street Address of Payee. . The name and mailing address of the official payee to whom i=amity Central shalt make payment; Program Contact: !.~~. Program Name: - Ptogram Address: Telephone Number: ~~I' ' ~°' The name ofi the contact person and street address where financial and adrrrinistrative recerds are rr~ainfained: Program Contact: Program Name: Program Address: 3 Telephone Number: The Provider will provide services under this Service reemeht at file follewing location; VIII. Miscellaneous. A. Terns. This Service Agreement is effective as of July 1, 2tI10, and will autorpatically terminate an Jane 30, _201 ~ hereinafiter referred to as fhe "Agreement Period" unless terminated earlier as provided herein. S. Asslgntnent. Neither Party may assign its Interest under this Service Agreement except with the prior written consent of the other Party, which consent shall not be unreasonably withheld. Without limiting of restricting the generality of the foregoing, it shalt not-be unreasonab}e for a par#y to depy its consent where, In lfis opinion, acting reasonably, the proposed assignee, purchaser or transferee Packs the capacity ar resources necessary to ensure the proper conduct and carrrpletian of its obligations under this Service Agreement over the remaining portion of the Agreement Period. No . assignment shalt operate to release the assigning Party from its obligations hereunder unless such Party is expressly released frnm its obligations 6y the other Party. C. Inurement. This Service Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective suGCessors and assigns. Nothing captained in this Service Agreement, express or Implied, is intended to confer upon any other person or entity any benefits, rights ar remedies. - D. Waiver. No waiver by any Party of one or more defaults by any ether Party in the performance of any provisions of this Service Agreement snail operate ar be construed as a waiver of any future default or defaults, whether of a tike ar a different character. E. Headings. The headings in this Service Agreement are inserted for convenience ar reference only and shat! pat affect the meaning or construction hereof. F. Entire Agreement. This Service Agreerrtent represents fhe- entire understapding between the Parties relative to file matters addressed herein. There are no restrictions, premises. warranties ar undertakings other than fhose set forth ar referred to herein. G. Amendment. This Service Agreement may not be amended without file execution of a written document by ail Parties hereto. ..g_ family GeMral, iqp. « 3111 S. ©Ixle Highway, #222.1Nest Palm Beach,l=L 394D5 • H. Gv~erning t.aw and Venue. This Service Agreement steal! €~e governed Isy and construed and enforced in accordance with the laws of the State of 1=larida, without regard #o principles of conflict of laws. Venue for purposes flf any action brought to enforce or construe this Service Agreement shah be in Palm Beach C1~unty, Florida. IN WlTNES6 THEREOF, the parties have caused this '18 page Service Agreement to be executed by their undersigned officials as duly authorlaed. The undersigned represents and warrants that helshe has full and corn fete authori to execute the a ~reemenf an behalf of PROVIDER: FAMILY CENTRAL, INC. {Program's Corporate blame} dlbla SY SlGNlNG THIS AGREEMENT AfiID AGREEING TO ACCI=PT 1=1NANCIALI.Y ASSISTED SCHOOI. READINESS FUIVI]S AND SUBSIDI~I=D CH11~D CARE 1=UNITING AVAILASL1w FROM OTHER SQURCES, YOU ARE ACKNOWLEDGING THAT YOU UNDERSTAND THE TERMS OF THIS AGREEMENT AND AGRI=E TO ASIDE BY THESE TERMS STATEb. SIGNA7IIRE SECTIUN SlgnaEure: Name: Title: ©ate: (please print Slgttature: Name: Barbara A. Welrssteln, IrcI.D. Title: PresadentfChief F~ecutive ©i=flcer Date: Federal I.D. or SS #: Approued as to ~aCm 8ftt3 legal 5uificiet'icy,: ~y: Gfiy Attbrrtey /~d I f -~0 Femily Central, Inc. a 3119 S. Dixie Highway, #222 • West Palm Beach, FL E34U5 Attachmen# A GRIEVANCE ANC} APPEALS PROCESS Customer satisfaction is very important to the staff at Family Central, inc. (FCI}. if ynu are dissatisfied with the service you have received or with information that has been provided to you, please ask to speak to a Supervisor, Manager or Department Director. Our goal is to resolve the complaint and problem to the best of our ability. if you believe that your rights have been violated in any way or if a 1=Ci employee has not adhered to a written policy, protoCDl, procedure, administrative rule ar statute, you have the right to file a grievance. Should ynu feel the need to file a grievance, the process will proceed as follows: • You may contact the Director via phone yr in writing, or you may ask any FCI staff person (e.g.: Counselor} to help you to initiate the process. You will tae asked to complete and sign a Grievance and Appeals Report Form. • The Director or designee will cantact you within four (~} business days to try to discuss the issue and attempt to seek resolution. • After working with the Director or designee, if you are not satisfied with the proposed resolution, the FCI vice President or designee will cantact you and discuss the grievance within five (5} business days. • After working with the Vice President or designee, if you are not satisfied with the proposed resolution, the grievance may be referred to the appropriate funding agency or the Chief Operating Officer or designee who will cantact you and discuss the grievance within five (5} business days of receiving the grievance. After a discussion with the Chief Operating Officer or designee, if you are still not satisfied with the proposed resvlutian, the PresidentlCEO wilt convene a Grievance Committee to review your ease within fifteen (15} business days. • The decision of the Grievance Committee will be final. If you do not agree with the fna! FCI resolution, if applicable, you may rec{uest that the program fundirig source's grievance procedure be initiated at this point. If you hgve any ciuestlons about this process, please do not hesitate to cantact the FCl Department Director ar ice President. In the event a grievance is filed, we look forward tv working with you to came to a satisfactory conclusion. _~~_ Family GentraL lnC. ~ 34 t1 S, ©lxle Hlghvaay, #222 ~ West Palm BaaGh, FL 33A05 ~, fa ~~r~ . ~. Ghan ' Lvee tar s 1~€elume At1€ai~hm~n~ B ~g EARLYZEARIV~NG cOAZrTxa~ Off' pAL.~.8E~4cx cDU~VTY FOR SCI~~30L READ~ESS (SUBS1'DX.ZE'D) PROC'RA,N.tS FOR QUESTIONS A80U"£ "i'HE CURRICULUM APPROVAL i'ROCESS PLEASE CALL (561) S 19-33~i9 41R REFER'PO WWW.FAMtLYCEI.FTRAL.ORG CURttlGULUM PItBE.ISI'tER :~~Y~ :.~R~sc~oo~~: ~~{.,: ^ Beyond Centers & Circle Time Kaptan Eariy Learning Company ^ Creative Curriarlum for Presohooi 4'" Edition Teaching Strategies DLM Eariy Childhood Express Wright Group (McGraw-Hill ^ i7onrs to Discovery Wright Group f MaGraw Hill R *Eariy E=oundatians Preschool and fare«Kindergarten *KinderCare Sites Only ^ High Soope Preschool Curriculum High SCOps EducationaE Research Foundation ^ Houghton Mifflin Houghton Mifflin Company ^ Montessori American Montessori Rssaciation ^ Schaiastio Eariy Childhood Pragrarn Scholastic Inc. **Tlte World at their r= ngorfips **Bright Horizon Sites Only ^ Wee Learn Lifew Church Resources _ - ... , ' - ~_ ..:. .:. :~.-: 1NF!#NT:iP~_ ~Ol7l)Li*RS ..:,. .~~ .::`• ^ Beyond Cribs and Rattles Kaplan Early Learnirg Company ^ Creative Curriculum for Infants and Toddlers Teaching Strategies "'Eariy Founda#Eans infant and toddler '"KinderGare Sites Only '`Eariy Foundations Discovery preschool far 2 years old *KinderGan3 Sites Only M High grope High Shape Educational izesearah Foundation ^ Montessori American Montessori Association ^ *'"fhe World at their Fingertips "`"'Brigh# Horizon Sties Drily ^ Wee Learn Lifeway Church Resources ^ West Ed. Care ivin Series Far West Laborato for Educatfonal Research & Develo meet - .;~4 - - - ''jib - _ _ - h.!?~•`::%4"n :t:.~j5'{?:::. :!:~i~i 5',t',J{~* f . K G .. ~ f:~'. ~. ~, Creative Curriculum for FarniE Child Care Homes ~ ies Teachin Strat !:z't-'i`~:' _i+'r - '~r,. .., ... •.....:... ...: y •'4i•~i~,r~,• w; >!:. kr:•~ "•;•~:~•~~~S::e:li a.,}":~:, ..„:'I.r t`~^:i'=:55~^: :....... .._ . ~~• .......... F. t . -..:.... . - ^ Hi h Reach Hi h Reach Leamin FLURIDA STATE f~FKAP.~ROVED CITRR~CULUIV~' W .. . ,.,.,~r., .~ ~a:.. .~. ,.,.. >. - - • - _:yi' - - _ X54'. s > x.4 _ . P :~ _~~ - Beyond Centers & Circle Time Kaplan l=ariy Learning Gnmpany Creative Gurricuium for Preschool 4~' Edition Teachin Strategies Curiosify Comer Success for Ali Foundation GLM Early Childhood Express Wright Group / McGraw--i-iill Briars t© Discovery Wright Group f McGraw-Hill E=arly Literac and Learning Model f Plus (ELLM1PIus) Florida institute of Education Hi h Srnpe Preschool Curriculum High gco a Educational Research Foundation Houghton Mfff[!n Pre K Florida Gornplete& Math Extension Bundle Houghton Mif#[in Gnmpany investigator Ciub Pre-Kindergarten Learning S stem Robert-Leslie Publishing Let's Begin with the Letter People Gornprah~:nsive Program Abrams & Gom an Publishers, Inc. Literac i=x ress Literacy Express LLG Opening the World of Learning {OWL) Pearson Learning Group Heady, Set, Lea 1 LeapFrng SchoolHouse Saxon i=arly Learning Saxon, A Harcourt Corn an Scholastic Early Ghiidhnod Program 5cholast'sc inc. We Canl Soprls (Nest Educational Services Wri ht Skills Growin with Mathematics Wright GroupfNicGraw-Hfil -12- Famiiy Central, Ina, • 3111 S. Dl~e Highway, X222 ~ West Palm Beach, Fl. 334D5 A~achrr~ent B SU)aM~SSION f~F A CURRICX3LrJ1V1 p4R Al'PR©'U'AL The Curriculum Review Comrrjittee will only review submissions that era carntpllete. A carrrplete curriculum includes a comprehensive curriculum as described below, all forms filled out colmpletely with adequate and substantive documentation to support each early learning standard. Subrztissinn of a curriculum should include but not be Iirnited to documentation to support and evidence each area provided belav+~. 1. Ca~nlitpreherssive Curricula A School Readiness Approved curriculum .must cover each element of the Early Learning Standards, llevelopment of marry shills requires explicit instruction in the partic~zlar spilt area, strategies or steps to follow, and scaffolding of instruction by fire instructor. The curriculum, must provide explicit, systematic instruction, assessment, and intervention that feeds to chiidren's growing proficiency at each stage of skill development. To support success in learning, a School Readiness curriculum should include clear presentation and explanation of the followitrg:~ • Purposes, goals, and ezrpected outcomes. Concepts, processes, rules, information and terms. • Models, examples, questions and feedback. The overall instructional design should include the fallowing: « A clear `road wrap' ar `blueprint' for instructors to get an overall picture oftlze program (i_e., a scope and sequence). • Clearly stated goals and objectives. « Characi:er Development + Resources to help the instructor understand the rationale for floe irrstructianal approach and strategies utilised in the program (e.g., articles, explanations in the instructor manuals, references, reliable websites) • A coherent instructional design. + lxplicit instruction in appropriate content areas. - Consistently systematic and intentional instruction. • A logical organi2atlon tv the materials, so that it's clear in what order the lesson proceeds. • Instructor friendly routines. • Student materials aligned with the Barly Education Standards. • Examples of constructive feedback. • Scaffolding with specific instructions. • Differentiated Instruction. • Guidelines and materials for flexible grouping. Enrichment activities for advanced children. • Guidelines far use vfith diverse populations snob as Bnglish Language Learners and children with disabilities. Components that foster intrinsic motivation in children (Approaches to I..earning) ~ Ample opportunities for practice. • Conrrprelrensive, continuous child assessment Brief, frequent practice activities anal gannes must be provided within the curriculum to again mastery of each of the Standards. 2. Learrtiplg Opportunities lrt the Classroom In order to provide our county's children with a high-quality, developmentally appropriate learnixrg opportunity, several things are of critical importance. -'l3- Famtly Central. Ina .x711 5.1]txie Highway #222 • West Palm Beach, FL 3346 * Children need. one-on-one interactions with classroom instructors and classmates each day. Through one-on-one interactions with children, instructors scaffold children's activities and can provide feedback and support. Additionally, they build rapport and a trusting relatiansl,ip. When children are given many daily experiences to interact with classmates, they begin to develop skills in negotiating, tuna-taking, and cooperative play. « The curriculum used in a School Readiness classroom. should include active learning experiences that are child-initiated, as well as those planned and initiated by the instructor. When planning and irnplernenting the curriculum the instructor should take into account the children's personal knowledge, afters related to culture (culturally appropriate), and then use this information to build on their strengths and skills. • Throughout the course of the clay, the currieulutm should include instruction in varying formats, such as large group, small group, and learning centers. Instructors have a very distinct role izt facilitating and scaffrolding the activities of the classroom. « Children should be engaged in many hands-on experiences throughout the day. Learning occurs when the child is engaged in the activity (instructor ar child directed), and a child's attention sport tends to be longer in activities and topics that are of interest to the child. • Research shows that young children learn best through hands-on experi~noes (e.g., play with a purpose) that have been planned by laaowledgeable instructors. When yotntg children explore things directly with their senses and pracfice new skills through play, they are Darning in ways that are nneaningful to them at their stage of developrrrent. Early LearnRng Standards For specific guidance for each. cif the five early learning standards daznains to be demonstrated please review Florida Birth to Five Developmental Standards. These documents can be found amine at: h - www.florida`obs.or earl learnin oel erfornnance.htrnl Tk>_is document includes the standards themselves, by domain and by indicator; related skills; descriptions of child skills; environmental considerations; instritctianal strategies; bencDnarks, as appropriate; and, other information. pertinent tQ iinplermenting a developmentally appropriate program. Please irate all five domains sl-ould be adequately covered, even if each individual standard may not be addressed directly. The areas included and that should be evidenced in the materials provided for review includes: • Physical Development « ApProacltes to Learning; « Social aztd Emotional; • Language and Communication; Cognitive Development and General Knowledge. -14 .. Family Central, l1IC, • 3119 5. Dixie Highway, #222 • tlVest Palm Sacch, Ft_ 334D5 Attachment C Curriculum and Curriculurat Su nrd ~`raini~~ Plan Far Sclxoal.Readiness Prvvrs July 24111-,~un~ 2~r1 Tnstructians-.-This ctuxleulum training plan must be completed for all Directors, Family Child Care providers, curriculum specialist and lead teachers servirfg children youz~er than school age. This plan must retnaKn at your site and available for review by the Program Compliaace Specialist at the time o£znonitoring. A training calendar will be forwarded at a later date to help you in your plazuling. If local training is not offered for yvargre-approved published curriculum, you will need to contact the publisher fax training. You must update your plan as needed. Assistance is available by contacting Family Central's provider warm line at 514-3339. 1. Name of Pacili-ty, 2. Name of Person coznpletitlg trai>:ling plan.: 3. ;!ndiaate your Early Leat~nitag Coalition approved currieulutn for each age grQUp. Name o1` Infants Tacldlers 3's 4's 5's 4. Name of Director (or p'atx~ily Child Care Provider): 5. Nettle of curriculum specialist: 6. Indicate if Director or cttrricttiutn specialist ox family child care provider has alxeady completed a nai~axnuzx~ of l2 fours of training in this curriculum.: Director _yes zzv Curriculum Specialist yes no Pazrdly Child Care Provider yes no (if yes, please attach training cer€iticate; if completed before 7!I Il i) you will need to co>rtplete page 3); If no, please cornp9ete the training plan on the Pollovring pages. -15- Family Central, lnc. • 3117 3_ pixie N'sghwey, #222 • West Palm Bich, l=L S34U5 V to Q 0.1 H ^M 4 N O3 N ~ 4) 1~ ~~ N ~) w 0 w U C~ ~--i '~ rl C~1 U t~ O n'1 a ~ ~ o '~ '~ U ~ U ~ -d ~A ~ ..~, c~ "d ~ ~ O p ~. U ~ U "C~ 4) U ,F~ .~; bA ,~ .~ .`~ p ~ N ~ .-~t 4-e "[3 ~ ~ '~ p "'~ N ~ ~ A .~ ~ ~ ~ p N .~ W ~ ~ mW U 'L9 ~ ~ W 1 r ~ N C ~.~s ~ 6?~ v en i?I) C d a ri~ A . ~ . ~ E-~ °,3 H w at w 0 d P nn m a m i t~t~ ~ r a ~o m s c m U E V ~ ~' ~ ° ~ ~ '~ ~ ~ ~ '~ ~ ~ Q '~ ~ ~ ~ .--c O ,~, ~ ~ ~ ~ d ~ N ~ ,K ~ ti 4, ~~~ ~ s a w ~ ~ ~ ~p t~ ~ ~~ ~ ° ~ o '~ ~ ~ ~ U ~ '~ ° U `~ n "` a °' ~ ~ :~ ~ ~ ~ ~ ~~ ~ ~ .~ G ~ y N ~ ~ ~ p +~ ~ n U i' at ~ }"t v ~ ~~ ~ ~ ~ ~ ~ ro w + ' V ~ tai c U ~ .~ ~.. ~ E "V 4 G W ~ cd +' ~ v o w~~ ~ p ~ ~ UvmV ~ ou m ~ ° ~ ~' a~ ~+ ~ c5 ~ ~ ~ v N ~, ..~ ~~~ ~~ ~ ~ U ++ n~+ .1~ ti's G~7 U '« `~ ~ o ~~ a ~ ~ ~ ~ ~ ~~ ~ _p .~ ~ ~ T.' O ~ ~ ~ A~tachrn~nt ~ RATE SHEET Y Program's Name , Child care reimburserraent &hail be based upon the following negotiated Fxad rate per child, Parent fees shall tee deduatad from this cafe before payment (s made td the Provider. *ff Gofd Sea! DlffeCenffa! is fnaluded In #hese rates the rates will be reduced when the Gold Seal Is no !anger applicable. Fuil Time Daily Part Time Dally 6 Hours or More Less than B Hours FEiLL T1ME SIb11n Rate PART T(N(E Siblin Rate Infants $ NIA $ NIA $ NIA $ NIA 0-'12 months Toddler $ NfA $ NIA $ NJA ~ $ NIA '13-23 manths Two year aids $ NfA $ NIA $ NIA $ NIA 2M35 manths Preschool $ NIA $ NlA $ N!A $ NIA 3647 manths . Preschool $ NfA $ NIA $ NlA $ NfA 48-59 rrranths Preschool 60-72 manths $ NIA $ NfA $ NIA $ NIA (not in 5chonl) School Agelsummers $ g3.(1U $ 93.(f0 $ 2.75 ~ $2.75 F1al !days Vlirap Around Rate for VPK Children • tFor the same child at#ending a VPK program and school read(ness funded program) •' Child care wrap around rate for VPK children's reimbursement shall be based upon the fallowing negotiated fried rata Full T(me Daily ParE Time l3aily B Hours or More Less than 6 Flours FULL T(ME $(BLiNG PART TIME •S1Bl.ING Preschool $ $ 36-47 months preschool $ $ $ $ 48-59 months Preschool 50-72 months $ $ $ $ (not in Schaal) ' Rates Effective: July 1, 2040 Provider's S(gnature: Date: _tg_ • Fancily Central, fnc. ~ 3111 S, pixie Highway, #222 • West Pxlrn beach, Fl. 334c~6 Page 1 of 2 MEMORANDUM TO: FROM: Mayor and City Commissioners Scott Aronson, Parking Management Specialist Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: June 9, 2010 SUBJECT: AGENDA ITEM S.J. -REGULAR COMMISSION MEETING OF JUNE 15 2010 GRANT APPLICATION/DEPARTMENT OF TRANSPORTATION/COMPRESSED NATURAL GAS ITEM BEFORE COMMISSION The item before the City Commission was discussed at the June 8 Work Session. It is to approve submission of a grant application for the purchase of Trolley Style vehicles and construction of a CNG {Compressed Natural Gas) fueling station in accordance with the Federal Government's State of Good Repair Bus and Bus Facilities Initiative. BACKGROUND At its meeting of June 8, 201 D the City Commission viewed a presentation from Wise Gas, -Inc. regarding installation of a CNG fueling station on City property. After the presentation the Commission consensus was to submit a grant application for the purchase of trolleys fueled by CNG and a CNG Fueling Station. Approval of the grant would make converting from the existing shuttle buses to trolley style vehicles affordable, as operating costs would be reduced with the use of CNG and the service provider will not have the burden of amortizing the cost of vehicles as the grant will provide new vehicles. The use of alternative fuels has been hampered by a lack of fueling stations within the area. The fueling station, in addition to supporting the trolley service, will allow for the conversion of select City vehicles to operate on CNG, thereby reducing the City's fuel costs and carbon footprint. Furthermore, the sale of the CNG to municipal and corporate fleets and the general public would provide a new revenue stream for the City through an agreement with Wise Gas Inc, who will manage and maintain the fueling station. The $2 to $2.5 million grant, if approved, will cover the cost of purchasing the trolleys and construction of the fueling station. Wise Gas Inc, will contribute all matching funds required, in exchange for a commitment to purchase CNG from them exclusively for a mutually agreed upon period to be determined once grant funding is secured. httpa/miweb001/AgendaslBluesheet.aspx?ItemID-3401 &MeetingID=262 6/11/2010 Page 2 of 2 In addition to reducing the City's fuel costs and carbon footprint, this project could be the catalyst for attracting the Class A office tennents desired by the City, such as ATT, which has committed to converting portions of their fleet to CNG using Wise Gas as their alternative fuel priovider. RECOMMENDATION By motion, approve the submission of an application for grant funding for the purchase of new trolleys, fueled by CNG, and the construction of a CNG fueling station as outlined above. http://miweb001/AgendasBluesheet.aspx?ItemID=3441 &MeetinglD-262 6/11/2010 Page 1 of 2 TO: FROM: MEMORANDUM- Mayor and City Commissioners Lula Butler, Director, Community Improvement 'T`HROUGH: David Harden, City Manager DATE: June 1, 2010 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF JUNE I5 2[11.0 HOUSING REHABILITATION GRANT/CONTRACT AWARD ITEM BEFORE COMMISSION Approval is requested for one {1} Housing Rehabilitation grant to be awarded to the lowest responsive bidder. Funding fox project is through the DRI Housing Rehabilitation grant. SACKGROI)ND Approval is requested for one (1) Housing Rehabilitation grant to be awarded to the lowest responsive bidder for the following projects: . 607 SW 6TH Street / Gadsden Property Investment, Inc. 1 $24,647.00 =Total Rehab Cost: $25,035.20 Grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency up to $1,000.OO.Included in costs of rehab are lead-based paint inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees. Additional costs may be incurred fox lead clearance tests}. The contingency may be used for change orders and all unused funds will remain with the DRI Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance with specif cations and program guidelines. Pay request forms require bath contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the home to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division OfTice. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation httpa/miweb0011Agendas/Bluesheet.aspx?ItemID-3374&MeetinglD=262. 6/11/2410 Page 2 of 2 contracts are awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore, protect against the resulting change order requests. In this case, several bids received were below the in-house estimate. Staff comments can be found on the bid information sheet to clarify the selection process. FUNDING SOURCE Disaster Recovery Initiative 118-1960-554-49.19 RECOMMENDATION Staff recommends awarding one (1) Housing Rehabilitation grant award for $25,036.20 to Gadsden Property Investments, Inc., the lowest responsive bidder. http:I/miweb401 /AgendasBluesheet.aspx?Itezx~ID-3374&MeetingID=262 6/11/2010 CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BIO INFORMATION SHEl=T BID #: 03-2030NS APPLICANT: Luella Allen Kirkwood PROJECT ADDRESS: 607 SW fith Street DATE OP BID LETTERS: February 2, 2D3fl DATE OF BID OPENING: INarch 3, 203fl GENERAL CONTRACTORS BID AMOUNT BID BONA ABC General Services, Inc Abisset Corporation $ 28,090.00 no Action Home Rematleling A!I Phase Contrac#ing, Inc. API Constracting Inc. Built Solid Construction, LLC $ 35,360.00 yes Citywide Construction Services, Inc. $ 31,493.00 yes CJ Contracting, LLC Cordoba Construction Co. $ 39,030.00 yes David Thyng LLC. $ 27,700.00 yes Decon Enviormental & Engineering Inc. $ 44,081.00 yes East Coast Restoration Gadsden Property Investment, Inc $ 23,647.00 yes Haywood Construction Hogan Brothers Construction Intrenational IQ Constructions, Inc. $ 37,138.00 yes Jemstone Construction Group, Inc. Lelack Construction NYC Builders, Inc. Ray Graeve & Sons Construction, LLC South Florida Construction Services, inc. $ 30,500.00 yes SRJ Construction Corporation StarMark Properties Inc. In-House Estimate: $ 30,005.01] CONTRACTOR AWARDED CONTRACT: Gadsden Property Investment, Inc BIDICONTRACT AMOUNT : $ 23,647.00 Contingency 1,000.00 $ 24,647.00 Lead Inspection 300.00 Lead Clearance - Termite Inspection - Termite Treatment - Recording Fees 89.20 GRANT CONTRACT AMOUNT $ 25,036.20 FUNDING SOURCE: Disaster Recovery Initiative Account # '118-'1960~55~=493 9 COMMENTS: Awarded to lowest bidder Revised 418169 FFM e ~ ~~ °a ~ z ~ ~;~I 4 a o ~ - i 4 m ~ ~ m m ~ ~ L~ . - ,~; 8 s g. g g ° g g g m a ~ g ~ o ~ a ~ ~ o ~ o ~ ~ ~ a ~ ~ o e ~~ .~ ~ :: ~ : z~ •~ ~ ' j `:; { ~~'_-' i j q '~ 25 jw ~ ~ ~ 5~ M Q°a F 5R~ id 5°0~ 25. Q°o 3f 5S~ [3 5 0~ M E g S ~ E ~ H ~ B ~ E S S ~ R ^~ ~ : -~. 7 ._ Fi ~. '3j .... ~' .. ~. ~. ... ~' ... ~ , k ..~ .$ ... E . . L w T ---- -. i8 i4 8 R 8 ~ S ~ S d 8 ~ 8 ~ 8 ~ 8 ~ _ 8 ~ 8 ~ _ 8 m 8 8 m 8 S w S ~ 8 = 8 ~ ~ i RR M qo 25_ A0A F 0 ~ 0 g 5aR~ 1~ 54~ ~ a S c~ ~ R ~ $ S $ g $ g $ g $ ~ g g $ ~ gQ d g S {3] .3i. g g g ~. S ~ ~ ~s pop go gag a yay'k~ eQR y~~ a $ ~ g ~ ~. ~.e S ~ S ~ $ ~ S, o $ ~ a ~ o g S ~ O°g .R'. °o re $ gi 8 ~ 8 S 8 ~ 8 8 S, ~ ~ ~ S pi -r ~ j ~. _ ~ °o H $ ~ $ ~ ~ S ~q F $ ~ S g ro S Pi N 8 ~' n g to `a ~' 8 ~ 8 S m g ~'i S ~i g w S `aPi .~, • ~ n T ~.i ~. S g o ~ g ° ~ g ~Yi S ~ e $ g n g rT, ° g $ '^ °o $ ° g e°~ Yr S$S S . ~ ~ ~ S ~ ~ m ~ 18 ~ N S g g ~ a ~ ~ ~ $ ~ S R S 8 g ~. S 8 g ~ g ~ g 8 S 'g' K ~ s_ ~ .$ a ~ ~ F ~ Z ° a m a ~ ~ a K ` o _ ~ ~ ~ p a ~ o rc ~ a ~ E ~ c > = ~ ~- a ° "s IX ~ " . Q ~ . ,~ ~ OC W s K~ ~ ~ N ~ m page 1 of I MEMO~NDUM TO: Mayor and Ci ty Commissioners FROM: Lula Butler, Director, Community Improveme nt THROUGH: David Harden, City Manager DATE: June 2, 2010 SUBJECT: ITEM BEFORE --°_,~~ Anvl;~M COMMISSION City Commission approval of the Professional Services required to c vendox solicited under RFP 11-201 ONS for Home Inspection {NSP), contingent on the same bein ~'Y out activities under the g approved b Neighborhood Stabilization Program y the Florida Department of Community ~ fairs. BACKGROUND On May 3, 2010, the Ci and/or individuals to pro ~ elihome aiRspgec Tonor Proposal monitorin (~''p 11-2010NS} to obtain qualified firms g of rehabilitation projects for NSP Services, including: inspection from three (3} companies one I properties. Responses were received Ma to-up and p~'chaSln (~ of which was selected to Y 24, 2010 g policies and the specif cations of the RFP. provide services in accordance Your review. The total cost of services is estimated not to exceed $1 with City A tabulation of responses and costs is attached for rehabilitated. Staff is recommending GZI Valdes, Inc. be a services designated after executin q 2,250 for housing units ac pproved for the home inspection p ~fe ~ a~d g the re aired agreement with the City. FUNDING SOURCE Funding is available from 11$-1935-SS4-34.80 (Neighborho od Services/Other Contractual Services) ~cOMn'IENDATION Staff is recommending City Commission approval of GiI vendor responding to the City's ~p ? 1-20IONS Valdes, Inc. as the Iowest cost ualifi q ed httpJ/m1web00l/AgendasBluesheet.aspx~ItemID=3375~~rPA+;~~Tr, „ CITY C)~ DELRAY BEACH ~~~~~~~~~® ~~~~~~~ DI~~~~ ~ h~ -- ~,~~ ~' ~3 ;'`' Kid; ~~ ~ M14 F!P F r Mayor - Nelson S. McC-ufFie Vioe Mayor - Adam Frankel i7eputy Vice Mayor - Angefeta Gray Commissioner - Gary P. Elfopoufos Gammfssianer - Fred B. Fe#zer Clty Manager - David T. Harden Purchasing Department 1Q4f N.W. 1st Avenue, Delray Beach, FI_'~34~f4 (561)243-716717183 FAX#{56'!)24-7168 CITE ~F ~IE~.RA.~ BE.~.CI-~ NV~T~LT~t]~V TO ~~D RFT~ No.1~.-Z01011~5 Neig~~arhaad ~erv~ces D~visivn HQME ~1V~PECTI~N FR~FESSIaN~.~ SERVICES Table of ~onten~ts Intruduct€on'I'o proposer i invitptian tb B€d ~ Genera[ Conditions, lnstructlans and Information 3 ~- 7 Cone 4f Slience B Standard Form of Agreement ~ - ~ Corporate Acknowledgment i4 Certif€cate (If Corparatlon) iS Insurance Itequlrements 18 Insurance Finn Sample i7 -~'!9 Speclf€catlans ~0 Scope of Servicef / Technical Requ€rernentr ~i ~- ~ Schedule Cf I~rlc€ng ~ Drug Free WorFxplace Certi#icatlen R.4 Re#erences 7'.5 Bid Signature farm x6 Check l.lst ~7 Ttatement of Na Bld x8 Rl:'~' Nv. 1 I-20I DNS Horne inspection l'rafessional Servinss City of Delray Beach RFP N©. 11-201gNS NeiighborhQOd Services DlrrlsEon 1t)U N1N 7st Avenue Delray Beach, FL 33444 Dear l'vtentlal Proposer; City of ©eiray Beach, State of Florida, an Equal Employment Opportunity (CFO} employer, does . hereby announce that it is accepting written RFP's fro-~ all qualified individuals interested in providing the services generally described herein and as specified in the."Scope of ServicesN of RFP - #11-2010hfS. The successful proposer must demonstrate by his response, experience, availability, approach and work plan that helshe will best serve the overall needs of the City of Delray Beach. If you are Interested in preparing a response to this RFP, please read requirements carefully and complete the proposal in the manner as set forth in this document. Your response is considered a minding offer to perform in the manner described in the proposal response and chaff remain a grm offer for a period not tc exceed one hundred eighty (1$0) days frog public opening. Also please tae aware that, under the competitive proposal process, the stipulations set forth herein are fully binding on the proposer to the extent that you confirm acceptance by your signature on the Acceptance of Cotrdttions page. There vvill be no pre-proposal conference held for this project. Questions regarding this solicitation must be received via email address narlalCa?mvdei ybeach.com or fax X567) 243) '7766 no later than Wednesday. tUlav 't 2, 2Q10 at 1:0Q P.M. Local Time. Responses #v those questions considered rrta#erial to the solicitation shalt lie distributed via formal addenda and posted to the City's wegsite in care of ONVIA by Demandstar.com. Ail proposers are advised that under chapter 913, Florida Statutes; all responses are deemed.. a public record and opened to public scrutiny as provided tar in said sta#ute. The City of Delray Beach welcomes your response to this RFP, City of Delray Beach reserves the right to reject any proposal found to be non-responsive, vague, non-conforming, or irresponsible, City of Delray Beach may withdraw all or part of this proposal at any time to protect its best interest. Fail proposers are asked to be thorough yet concise in their response, Failure to provide .the response in the manner prescribed herein may be grounds for disqualification. Thank you far your interest in doing business with the City of ©eiray Beach. Purchasing [7epartrr~eht IL~P Na. 1I-~014NS Home Inspection Professipr~ai Services CITY OF DELR~~' ~E1~C~ PURCHASING iJFFICE 9aa N.w.7stAVl`NUE DEE.I~AY ~iEaCE~, FL 33da4 (569) 243-7967!7763 fax: (567} ~a3-7'E66 RFP No: 1 ~ ~2Q'! QNS DATE: May 03, Zt)'i 0 REC~UEST FAR PnSP(~SAL TITLE: Flom Ins ction Prafesslanal Services --Term contract BIAS MUST BE RECEIVED pN pR BEF'C?RE: lttlon`d~y, ~M,~y~~4='-~'~.:~ prier to 1.~:QQ 1:.>vl1l~. at which time all bids wlil be pahlicly opened and read. fNVlTATldN Td BID This li~vitation to Bid; Generai Conditions, Instructions to Bidders,- Special Ganditians, Specifications, Addenda andlor any pertinent document farm a part of this bid and by reference are made a part thereof. PURPOSE: it is the purpose and to#ent of this RFP to secure bids far i#em{s) andlor services as listed here}n far the City of ©elray Beach, Florida, hereinafter called the CfTY. SI~ALED BIDS: Sealed bids will be received in the Purchasing Qffice until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged #o attend. Aii bids shah be submitted in sealed enveiapes, mailed or delivered to the City of ©elray Beach, Purchasing C3ffiCe, 117(3 NW 'ist Avenue, Delray Beach, Florida 334~i4. Outside of er7velape shalt plainly identify bid by: BiD NUMBER, TITLE, AND DATE Gl= BID QPENING. It is the sofa responsibility of the bidder to ensure that his or her bid reaches, the Purahas}ng ©fiice on or before the closing date and hour as shown above, RETURN Q~11 C3t2lGlNAL AND TVtfQ (2i CpPi>~S t71~ A!_L B!D SHEE~;S. Any failure an the part of the supplier to comply with the ensuing conditions and specifications shai! be reason far termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a min}mum of one- hundred and eighty (18D) days from file last date for rere}ving of bids for acceptance of its bid by the City Manager andlor City Commission. Ai11fARD: The Gity reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to~ reject any and ail bids in whole or In part, with ar without cause, andlor to accept bids that in its judgment will be far the nest interest of the City, as further stated in Paragraph 16 of Generai Conditions. RFP No. i I-20iDNS l:~ome Insp$etip~ Professional Services GENERAL CQNDiTIQNS, INSTRUCTIONS AND INM=4ai~lATtON FDR BId1C3BRS 7. StJBIiiIISSION AN© RECEIPT aF BIOS; A. Bids, to receive consideration, must be received prior to the specifed time of opening as designated in the invitation, B. Unless otherwise specified, bidders MUST camptete ai! questions and price blanks in the spaves provided in this Request far Proposal. Failure to do so may cause your bid to be rejected. However, you may attach-supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. Ali prices shall be typev~rritten or filled in with pen and ink. D. Ail bids MUST be signed uvith the firm name and by an officer ar employee having the authority tv hind the company yr firm by his/her signature. 2, QUANTITIES aR USAGE. Whenever a bid is solicited seeking a source for a specified time for materials ar services in the quantities or usage shown, these quantities are estimated only, Na guarantee or warranty is given or implied lay the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and wilt bs used for tabulation and presentation of bid. 3. PRIGES: A. Bidder warrants by virtue of bidding #hat prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of one-hundred and eighty (1807 days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be s#ated in units of quantity specified in the bidding specifications, in case of discrepancy in computing the amount of the bid, the unit prices} quoted will govern. C. Consideration in awarding bids'for term contracts wi11 be given first tv bidder offering firm prices subject to market price reduction and second to bidder offering firm prices far full contract period. If at any tune during the period of this contract, the City of L?elray Beach is able to purchase the items andlor services at prices less #han our vontract price, the successful bidder shall meet these prices and in the Event of his failure to do so, the Gity of Delray Beach may negotiate for a new contract on the open market. C, The City reserves the right to purchase itemslservices on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City, E. Bidders may offer a cash discount far prompt payment. However, such discounts will not be considered in determining the lowest net cast for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid, TtFP No. 11-2©lONS Home Inspection Professional Services 18. AWAR[) OF GONTRACT: The City of Delray Beach reserves the right to accept any Bid ar combination of Sid alternates which, !n the City's judgment will best serve the City's interest, rejec# any and all Bids, to waive any and all informalities andlor irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard a!f nonyconforming, non-responsive, unbalanced or conditinnal Bids. The City reserves the right to reject any ar all Bide, ar any part of any Bid, to waive any infnrmailty in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the muttip}icatinn of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the carreGt sum thereof wilt be rasalved in favor of the correct sum. 17. TAXES. The City of Delray Beach is exempt tram any sales tax imposed by the State and/or 1=ederal Cnvernment. Exemption certificates certified an request. State Sales Tax I"xemptiorr Cert~cate No. 85-8A't2621559C~ appears an each purchase order. 78. FAILURE TO BtDr if ynu do not bid, return "Statement of No Bid 1=vrm" and state reason. Otherwise, YOUR NAME MAY BE REMOHED FROM OUR MAILING L1ST. '19. EXCEPTIONS TD CONU1TtONS, 't THRV 98 {Bolter Plate) Any time Bid Speclfls:ations stiffer from the General Conditions, Bid 5peciflcations and Special Provisions will prevail. 21). RENEWAL.: The City Manager may renew the contract, at the carne terms, cansli~ons, and prices, ONE 1 consectrtlve terms of ONE 1 ears subjeo# to vender acceptance, satisfactory performance and deterrr~inatian that renewal will be in the best interest of the City. 21. ANTI-COL.LUSIaN: A. Bidder certifies that this bid is made without `prior understanding, agreement, ar connection with any corporation, firm ar person submitting a bid for the same materials, services, supplies, or equipment and is in aii respects fair and without calluslon or fraud. B. Na premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provlslnn of services. Any such vinfatian rriay result In contract cancellation, return of materials ar discantinuatlon of services and the passible removal from the vendor bid list (s}. 22. CONFI_1CT OF INTEREST: A. Bidder declares and certifies that na officer, empbyee ar person whose salary is payable in whole or part tram the City of aelray Beach Is directly or Indirectly interested In this bid ar in the supplies, materials, equipment or services to which it relates ar in any portion of the profits thereof; ar 1tFP Nn. 11-2E}10N5 Home inspection Prt~fessional Services B. The award is subject to provlsions of S#a#e Statutes and City Qrdinances. Aii bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of tan percent {1 t7) yr more in the bidder's firm or any of it's branches, 23. NON-DfSCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabili#ies, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such active shall include but eat be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensations and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and appiicants for empoymen#, notices setting forth the provisions of this nandiacriminatlan clause. These provlsions apply to all subcontractors and it is the responsibili#y of the subcontractors to be in compliance. 24. DISCRIMINATION. An entity ar affiliate who has been placed an the discriminatory vendor list may not submit a bid an a contract to provide goods or services to a public entity, may eat submit a bid on a contract with a public entity for the construct}on or repair of a public building or public work, may not submit bids an leases of real property tv a public entity, may not award or perform work as a contractor, supplier, subcantractar, or consultant under contract with any public entity, and may not transact business with any public entity. 25. 1NDEIVINtTY#HOI~D HARl11l[_ESS AGREl=M1"NT; Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its offciais, and errtployees, from and against all claims, actions, liabilities, lasses (including economic lasses), and cysts arising out of any bodily injury, sickness, disease or death, yr injury to or destruction of tangible property including the loss of use resulting there from, ar any ether damage or lass caused by any negligent act, error yr omission, recltlessness, or intentionally wrongful conduct of the Contractor, any subcontractor, ar anyone directly or indirectly employed by any of them. The indemnification obllgativns here-~nder shalt eat be limited by any limitation on the amount, type of damages, compensation or benefits payable by or far the Contractor yr any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cast of expenses, inclt~ding attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this IndemniEtcatian clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, explratian, lapse ar suspension of this agreement. RFI' No. 11-2410N3 Hame Inspection Professional Services . T 7 ~,~, ~aw~ o~ s~~s~a~ Bidders ate advised tha# a bidder ar anyone representing the bidder cannot communicate with any City Commissioraer, or any City employee, other Than the City employees located in the Purchasing Depar#men#, regarding its bid, i.e., a "Cane of Silence". The "Can$ of Silence" is in effect from the dateltlme that the bid is placed on "aemandstar" by the City, The "cane of 51lence" w!!! terminate upon the bid opening. Ha a bidders ma cammunicata with Ci ern !a see who are resent at the rnandata a-bid mestl iF A[~Y d tin the actual re-bid trees#in ,Ones the re-b'd mee in is over bidders ma oni Communicate with emalayses of the Purchasing bivlsian. R~1? Nu, 11-2RiRNS Moms 1nspBCtion Profes&!©nai Services STANDARD FORM OF AGREEMENT BETWEEN CITY ANM~ CONTRACTOR TMIS AGREEMENT made this ~ day of 2Q by and between the CITY OF DELRAY REACH (hereinafter called CITY) and ,Gib. yaldes~ Inc. (hereinafter called CONTRACTOR}. WITNE55ETH: The CITY and the CONTRACTOR In consideration of the mutual covenants hereinafter set forth, agree as follows: 9. The undersigned CONTRACTOR hereby represents that he has carefully examined atl Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that ~ has examined the physical characterlstles of tha jab req[airemen#s. The CONTRACTOR further acltnawled~es that the bid prig: includes all costs and expenses required far the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached berets and incarparated herein by reference of the following: CONTRACT DOCUMENTS Intraductton to Prapaser Invikatinn to Bid Genera! Gonditians, Instruction and lnfarmatlan Cone of Silence Standard Farm of Agreement Corporate Rcknarvledgmenk Certificate Insurance Requirerraents Insurance Form Sampta Specificaiions Scope of Services 1 Technical Requirements Schedute of Pricing Drug Free Work Place GQrtification References Bid Signature Page Check I_tst 5#atemEnt of Na Bid RFP Na. i i-201UNS Home Inspection Professions! Services PAGE NUMREI~iS 2 3=~ 8 -'13 1A '15 16 1799 2{3 21-22 z3 24 25 26 27 28 CONTRACT DOCUMENTS (cont'dj PAGE NUMBERS Statement of No Bid ~~ References ~~ Addenda numbers ~ to © ,inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement snail be governed by the taws of the State of Fiorida as Now and hereafter in force, The venue for actions arising out of this agreement shaii be Palm beach County, Fiorida. ~. Aii notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to Ciiy: City of i7elray Beach, FL 10Q NW 'Ist Avenue Delray Beach, Ft. 33444 As to CONTRACTOR: Gil Valdes, ITIC. 17770 Woodva.~w TiCr~ Sisite 105 Iioc~ Raton, li'L 33487 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this ct~ntract and, specifically, the CC?NTRAGTAR shaii not assign any moneys due ar to become due without the prior wri#ten consent of the CITY. 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 covenants, agreements and ol7ligations contained in the contract documents. RFP No. l 1-~41QNS l-Ioma Inspection Professional Services 10 9. In consideration of ten dollars +a$1f3.4a) 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 i sustained by any person or persons by nr in consequence of any negligence excluding the sole negligence of the CITY), recklessness or intentional wrongful rniscnnduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the l performance of this I'rajeat. CONTRACTOR agrees tha# negligent, reckless nr lntentlonal 1 wrongful misconduct includes, but is oat limited to, use of any irnprnper materials or ~ liabilities, damages, lasses or costs caused lay or on account ofi the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited tc the violation of any p'ederal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, ~ agents, servants or employees: CONTRACTOR #urther agrees to defend, indemnify and , save harmless the GiTY from al[ 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, nr casts for any invention or patent, and from any and ali cults and actions that may be brought against the CITY fior the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the ClTY'S option, ar~y and ail claims nr liability and all suits and actions of every name and description that may be brought against the CITY which may result from the opera#ions 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, Thia indemnification includes all casts and fees including attorneys fees and costs at trial and appellate levels. RFP No. ] ] -2410NS Home [nspeciian Prafessioi~a] Services f t The CITY will pay to the CONTRACT(3R the speci#ic consideration afi ten dollars and ~ F other good and valuable consideration as specific consideration far the indemnification provided herein. 1='urthermvre, the GQNTRAGT(}R acknowledges that the bid price includes said consideration for the indemnifiication provision. 't 0. This Agreement shall be considered null and void unless signed by both the GQNTRAGTt)R and the CITY. ' 11. The contract documents constitute the entire agreement between the GITY and the CQNTRACTt?R and may only be altered, amended or t'epealed by a duty executed written instrument. ~; RP'P Na. 1 t-201Or`TS Tio[ne Enspec~ia» Professional Services IN WITNESS WHERI()F, the parties heret© Dave executed this Agreement, the day and year first above jnrritten. ATTEST: CITY OF DEI`RAY BEACH, 1=LCRIDA City Glerk Br Nelson S. Mcl~uffre, Mayop Approved as to form: City Attorney VIIiTNESS: CONTRAGT4R: BY: (Print or type name and tltiey (Print ar #ype name and title) (Si=AI.) FLFP Nn. l I-2a1QNS HoFne Inspection Professional Services r..~._..,...._^~, - -- --- - - - - --- _---- - _ __ _--- - _......._.~l ~ 3 im. G4iRP(~f~.ATL ACKNC?V1ILEDGMENT STATE OP . - -- - -- - - - . COUNTY of Tile foregoing instrument was acknowledged before me this day of , 20 , by _ - (name of .~ officer yr agent, title of officer or agent), of {state ar place of incorporation) corporation, on behalf of the corporation, HelShe is (personalty known to me) (or has produced identification) and has used hismer (type of identification) as iden#ification. Signature of Person Taking x. Acknowledgment Name of Acknowledger Typed, Printed or Stamped RFF No. l I-2©1tfNS dome Inspect~nn Pro~essiona! Serv~aes ...___....._.._.,~._ _....~~..,._.._,..~..,,......~...._._-,_.,............~.__..,~,,..,,r...,..M.........~........_...._...._._- - f.. ~._ _.t 1 ~j~.._. CERTIFICATE (lf Corporation} 57ATE OF FLt~RIDA SS C4t1NTY OF ) } ! HEREBY CERTIFY that a meeting of the Beard of Directors of a corporation under the laws of the State of ,,.,,,, - held on , 20,_.,, the fallowing resolution was duly passed and adopted: "RESaLVED", that , as President of the corporation, he/she is hereby authorized tt~ execute the Agreement dated , 20~,, between the City of Delray Reach, Florida and this corporation, and that his execution ther$of, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed a# this corporation". 1 further certify that said resalutiort is now in #ull farce and effect. IN 1~VlTNE55 WMEREQIF=, 1 have hereunto set rrty hand and affixed the official seal of the corporation this ~_y___day of _ , Zf}~; (Secretary) (Seal} RFP No, f 2~2(1IflNS dame Inspection ProfessionaE Services i5 IMS~fRA1~C~ itEQV1REl~IE1~'~"~ A. GENE t. C7uring the terra of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1 } to ~4} inclusive ~elaw. E3. COVERAGE Except as ot3~erwise eta#ed, the amounts and types of insurance shah conform to the following minimum requirements: 1. 1fUorker's Comi~ensatian -Coverage to apply far all employees for Statutory limits in compliance with the applicable State and Federal Laws, In addition, the policy must include Employer's Liability with a limit of $1DD,DDfl each accident. 2. Comcrehensiye_General lwability -Coverage must be afforded an a farm na more restrictive titan the latest edition of the Comprehensive Genaral Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $3Dfl,0DD per occurrence combined single limit far Bodily injury Liability and Property Aamage Liability. b) Premises and/or Operations. c) independent Contractors. d) Products and/or Completed Operations. e} No exclusion far Underground, lwxplosian or Collapse hazards: 3. • Business Auto.Policv -Coverage must be afforded on a fiorm nv more restrictive than the latest edition of the tusiness Auto Policy flied by the Insurance Service Office and must lnciude: a) Minimum Limits of $3Dfl,flOfl per occurrence combined single limit for Bodily injury Liability and Property damage Liability. b) Owned vehicles. c) Hired and Nan-Owned Vehicles. d) Employer Nan-C?wnvrship. 3. Certificate of Insurance. -Certificates of all insurance evidencing the insurance coverage specified in the previous insurance Administrator print to commencement of work. The re aired certificates o insurance shall not ant name the t es of nficies ovide but shall assn refers eciflcall to this bid and section and the above ara ra hs in accorda a wit whi s ch insurance is ei furnished and shat! eta a that such insurance is re aired b such ara ra hs of #his contract. The successful I~idder_will include the City of Deirav Beach as additional insur=ed. If the initial insurance expires prior to the completion of the work, renewal certificates shalt be furnished thirty (3D) days prior to the date of expiration. Aisa, under fire Cancellation section of the Insurance- Certification the words "endeavor tn" and "but failure to mail such notice shall impose no obligation ar liability of any kind upon the company, its agents or representative" shall be crossed out as Indicated nn the attached "Sample of insurance Cert~eaten. RFF No. 11-20I~N5 ~-lome Inspection Profrssion~l Se=rvices Eh ' ~,COR~,M CERTIFICATE DF LIABILITY INSURANCE vo~c _osWa~'rEaa~o;- maoacFn IROQUOIS 54UTHEASTIPHS 2251305 Ps (g66)4b7~8730 Fa (877)538-8526 THIS CERTIFICATE 15 ISSUED A5 A MATTER OF INFOAMATION.:~ ONLY AND CONFERS ND RIGHTS UPON THE CERTIFICATE . FiOLI~ER. THIS CERTIFICATE DOES NOT AMEND, EXT>=ND DR '' ALTER THECOVEAAGEAFFORDEDSYTHEPOI.ICIESBEI.OW, p' O. BOX 29611 CHARLOTTE NC 28229 INSURERS AFFORDING COVERAGE JIYS{RED 1Nra{1Rl3IA:Hartford Casual.t Ins Co INSURER S: G1L VALDES ~[~~ . INSUREJiC: ~ 17770 W130DVIEW TERR SC3TTE 1115 INSURER D: ~QC~j RATON F`T~ ~ 3 4 ~ ~ IN9UREA E: vv v rnr-S~La THE AQLICIES OF INSURANCE LISTED BELOW HAVE $££N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANOING ANY R£QilIREMENT, TERM OR CONDITION OF ANY CONTRACT QA OTHER DOCUMENT WITH RESPECT 70 WHECH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED $Y TH£ POLIGIES pESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS, EXCLUSIONS AND CONDITION5 OF SUCH POUGI£S. AGGREGATE LIMITS SHOWN MAY HAVE 8EEN REDUCED BY PAID CLAIMS- TYPE OFlNSURAA(C.E JYJfJCY NLIMBFR A7LICY EffECTNE POLICY EXPMAT70N 1!MlfS GEti,ERAI L1A9R11'Y EACH OCCUTSRENCp S 1 O O O {} O O A COMMERCIat {3ENERAL DAHWFY 2 ~ SBA KG fi 4 5 8 .0 2 / 2 ~. / ~. O ~ / 21. ~ ~ FIRE DAMAGE {Any ane fhal f ~ O O O O 0 Ufd3 MADE a OCCUR MED EXP { one persrnl s 10 O O O CU BL151T1eSS Ula}J PERSONAL&ADViNJURY 61 OQO OOO LiENERAL AGGREGATE S L O O O O O O GItEGAFE L{h1iT APPlJE9 PER: OETF'L AL' PRODUCTS - COMPIOP A6G 6 ~. O O O O O L7 i POLICY X PfSO• LOC A[lI QM0~8/LE (,IA8ICTTV cOM91NE0 SINGLE UM1F IEa ecoidenU y3 Q ~ Q O 0 X ANY AUTO , ALL OWNED AUFOS BOGILY INJURY ~ SCFiEDIR£D AUFO9 2 1 / ~ 0 2 / Z 1 ~ ~ ~ iPa par sanl A ~ ~. SEA KG 6 ~ 5 8 . . O ~ / WRm AUT09 BODILY INJURY ~ OWNEf) ADTOS ON {Pas actidorttl • N PROPERTY OAMACE S (Per aaolderrtt E [!ABlLTTY AUTO ONLY • EA ACCIDENT 4 .w GARAG TO A OTHER FNAN EA ACC S ANY U AUTO ONLY: A[3O ~ fX(.ESS UA8ILJTV EACH OCCURRENCE d OCCUR ~ CLAIM9 MADE AflflRE4ATf S f OEDUCTI9CE 4 RETENTION 0 ; WC STATU- OFH~ IM1pRXEAS L10hWFNSk TlONA1A) 5' I.ILYIIL EMPLOYERS' G4R8fLlTY ., E.L. EACH ACCIDENT S E.L. DISEASE • E4 EMPLOYEE S E,L. D19EA9E -POLICY UMIF B OTHER LiESG7PlTCW LS€ OWFRATlU11S.20CATA7NSNE1aCLfS'EYIX USJ[kYS ARL>kn aY ~niaORSEMEA7/SPfOAL PROVlSJl7NS Those usua]. to the znsured's ©perations. This certificate i,s i9su~d as regL~ired by Contract RFP No. 11-~171NS. 1 f E I i xi ~,-.tee. r•nnrr•ur i n i rr rni SHOULD ANY OF THE ABOVE DESCRIBED POLICIES $E CANCELLED BEFORE THE EXPIRATION PATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL CITY OF DELRAY BEACH 45 DAY5 WRITTEN N071CE I1Q DAYS FOR NONPAYMENT) TO THE CERTIFICATE CITY ~~~ HOLDER NAMED TQ THE LEFT, BUT FAELURE TD p0 SO SHALL IMPOSE NO OBL{GATfON OR LIABIl.1TY OF ANY KIND UPON THE INSURER. ITS AGENTS OR 1Q0 NV17 ~sT A~l'E13UE AEPAESENTATIVES. DELRA'Y $EACH, FL 33444 BrzEAHE'PRESE,vTA~~` ~ .. ACORfJ 25-5 (7197} "' Hl:ufiu ~:ultrvrs~ l IUIV I t~tlti j : AC# 2 ~ ~ (~ !~ ~ ~ STATE OF FLQRIDA I DEPARTMENT OF BUSINESS AND PROFESSSONAL REGULATI©N ~ CONSTRUCTION INDUSTRY LICENSING BOARD SEQ# ~osoa2soa73~`' ~ ~ ~ - LICENSE NBR 08/23/200$ 088030848 CGC0359B$ - The GENERAL CONTRACTOR Named below IS CERTIFxED Under the previsions o~ Chap~e~ 489 FS. Expiration date; AUG 31, 201.0 i VALDES, GILBERT ~ I GIT, VALISES INC s ~ 17770 WOODVIEW 'T'ERRACE I BOLA RA'T'ON FL 33487 CHARLIE GRIST CHARLES W. DRAGO GOVERNOR SECRETARY ~ C1ISPLAY AS REQUIRED BY LAW ~ 45t r y ~ s ,1 f, ! , 02-01-2010 ~'~ w,. ;:~'f ALEx slNlc STATE OF FLORIDA cH1EFFINANCfALOFF)CEft DEPARTMENT OF FINANCIAL. SERVICES DIVISION OF WQRKERS' COMPENSATION ~ ~ CER71FlICA1'~ OF ELECTi'~N ~© BI; iel(IEMpT FR[11VI ~LOt~ll)A WIDFiK~RS' CQMPENSATI#li~ t,AW ~ ~ COnISTRUCTION INDUSTRY EXIrMf'TION This certifies that the individual lis#ed below has elected tv be exempt from Florida Workers" Compensation law. EFFECTIVE DATE: 03122/2010 PERSON: VALQES FEIN: 650355242 BUSINESS NAME AND AbDRESS: GIL VALQES FNC 17770 WQ017VEEW TERRACE 130CA RATON FL 33487 SC©P1=S OF BUSINESS OR TRADE: 1- CDNS'fRl7CTi0N EXPIRATION DATE: t)312112D12 GIL NNPORTANT: Pursuant to Chapter 4411.05(14), F.S., as aificer of a corporation who elects a%emptlan from Ifris chapter ny filing a ce[tillta[e of election under this section may not recover bwiofits at campensallon antler ihls rfrap5et. Parsuant !a {hapter G40.96112), F.S., {ert111cales e{ a1e[fiaa Eo he exempt... apply aaly within the scope al the husiaess ar trade listed nn the natice of elec!€on la be exempt. Putsuant to 6hapler 449.91i[f31, F.S., Notices of election to be exempt aad cerllf3cates al election to be axempt shaft be snbjecl !o revoca[ton 11, at any lime else( the fifiug of the na[ite ar the issuante of !ha tertilicate, the person named an Iha notice or cailfffcete na longer meets the tagairements al Ibis section for issaaace of a certiffcale. Tlta department shall ravohe a cortlticafe al eny lime far {allure o! the person named as rho cetliffrate to moat khe requirements of this sattlon. [1ljE5TIIlNS7 1850} 413-1609 €1WC-252 CEfiTIFICATE DF ELECTION TD BE EXEMPT REVISED D9-06 '1994-'I a84Q STATE OF FLDRIDA OC-U32 PALM BEACH COUNTY CLASSIFICATION LOCAL BUSINESS TAX RECEIPT EXPIRES. SEP 7'~'IVJ~E'R 3 Q, 2 !3 ? 0 GIL VALDES INC `" LOCATED AT CND' $27.50 VALDES GILBERT 17770 WOODVIEW TERRACE BOLA RATON FL 33487-2242 TOTAL $27.50 This receipt is hereby valid for the above address far the period beginning on the first day of October and ending on the thirtieth day THIS IS RIOT A BILL - DO IVOT PAY at September tv engage In the business,protession or occupation o#: GENERAL CONTRACTOR PAID. PBC TAX COLLECTOR GGC03b988 $27.50 BTR 055 01956639 08130/2009 ANNE M. CANNON THIS DOCUMENT IS VALIi3 ONLY WHEN TAX GpLLECTOR, PALM BEACH COUNTY RECEIPTE© BY TAX COLLECTOR .~ c~~r~r~~~c,~T~ ~~ ~,X~~rLrr~r ~~us~~an~c~ ~~~ P~o~~~ Tc~s C~ltr~caz~ Is ~ss~ri~ s a ~a ~ 3rr~aar~ATroM pow R ~rs~cA~r~ o°a~s t~a~ ~pp,,~~~N~ o~ 6 ~ dD A~pORb~b B'Y 7Ni; PDl.~:xiGB ~~LD1N. 1NBUIi~lt6 AI~DI~iI3~3K3 CCV~FtA~ NA1C~ INSrlitl;R & su rti IHBtIR~1[G: tNSl1RERa: tH81JRF121r• . `Ci~E~POlIC}F.~pF1NfitJRAi~ia~l.rsr~treFT~,DWFGIV~EP~Atr88111:rYTa1CF}~INSERkLONJ1tJEbABOIt~f(SR7tICpOIiCYPEfitR7AINElf)1RC,Tq~!].NO'tV1YTliSr~pb3Nf3 TJU~IYY&~1.`TAlN7t~1~RAN40E~l~DBYT~LC{~GRtB~a~iQfi~~s~&~&JE~7T[S~.~AT RNlIDB,p~dWSD~PT~jBFA>J~~(*.ONDY1if0~7$RF~1CH P4LICIES.pCi a~EGAT~LI1tiiIr8Skq+NNldtaYRAVEBE6H H~1lr,ED t3YPWb c;i.H vo;wY uer~c pa s BtaLUneY,tYY s_rn u 8M at? ~Tlavu.aww.uheB.ITv CIAfA19HNFE ~ OCCUR DtfX)r s Ron PL' GATN1NJUit _ _ - - x .. _- _ .. 011, HQ~iRi:RA7f: , , A06RHO71TPi1Mt1'!WY ~1~R: - PHOD1tCT8-CDAV70P Q P6ETCl ~ I.Otl i1T ~Nael-B tIM1mll,iiY 11171'Allit7 ~d 8~ 1~ e~deap~Hal~41A13T ~ N.4GwivBOJ~uio9 8CH6GIA.EOAVIi~S pp~07op.Y itY IPQrPa~ y H~o~-vfos IdoR.awrteonutus ~ni~~ ~• h , 5 nbua~ a r ~ ~ riaNA~*PURtslldiY O LY- CG AfiYAVF4 ~~yy}~~g ~ AlJ3'OOh,~ EXCPiG71S1A11111CrLNL1Al3WYY ~ IOCCUM CF. ~ a~tllR ~ C[R~Mabututs ~ ~nYS s 3 Dsovcma>.~ 1YP1il~lt@CUt~tpFar~p3GNANp tllt4pGAYCW6'LtA911plI~Y~ C ~~ 9A. FA ASiQIDAJIT _ S •.••••~., UF 0 3C~EXCW 1:~.,p]8FA 1:-ERE3~AP '-'""•~•• r~nsaeaaOOnnder86el~w iii eL ~-piKlo ly p'IHSR. 9E6CRiE~'fi9P1iTF4>'€kR71D48f1.OCAY[ONBIVE tEBIE%C1.U €}NBADDP68YR1[r10ttSE41R77~t6APC1ALpR0Yi510NS 'rhi.:s cert~ica~e ~s 3.B9ued ae required b~ C4n~raCti... (~.deLrt~.l:q aonxrect): Cert~~.cate 'ho~dex ~.s xted as an addiC~nsla~. ~.r-stxred. , naur+c~rnrc uni races neuna~ ~ erin~r Sfla>1LDANYOK7H~IW CYf<T7FSOR{~YFCLWrC9l1130ANApttkd PhPORk'!1i[RYlalaAnnbf atria 7HERFAF, m516e111Tro nraul:lwt iENtl. gltnuattmt Ya I<An_ ,,,,.,.,,,,, aaYB mulTrllt - GITY p!s D~l.tiA~ BEACH HOTIC17P77EEt1C6RTT1FENtl'16HOL1}bYiHRtlr:{IT9TllHi~fTeYTF.~FEVlIST4+t4s9bRaiL r'r~~~ ~~f,~, ~ tM1iFOBSiNd6tJI.bIMiOWOHLtA~NGS'tYDFA4lYlQtIDVRORiH~1tr8UNl'~ET8A6EHTi, OR i00 NY~I 1 ~ AV~UN~ D~LltAY B~A~GH, F1.334+W av~n~mTrv6 wcTOruT x~ fzsr9rrvsa RFl' No. 11..20 IONS Home lnspectinn Professional Services ~a~vRaevss+ax~nota tes8 t7 i if ire osriiift~l~ t~id~r Is an AAAffipt~Rt. 1iiSt,it~i)~ dta p~tir~r~>~) rsast be crtsad. A staiecnettt ~ this ~iti~afs does rKai canCar rE~hls iD ii3~ ceCtifk:s~ holder ia* r8er of sudt endnr~~r~snt(s}, sf ~tff3R0~:'fl[~i`i i:~ WAi11i=C~. suh~e~t to terms etld c~~tans of tip ,pvCay, ~tlat~ ~alictes may - ~~gelta a~n endars~mer~t~~A~~gsfatsm~nt on ibis G~ittli~fe Baas na# c~nf~r ~1hts fo Eft cet'i~~csfa E~~B(~I1 ~e12 D~ SE1Ct1 ~fltfal~.M ~.~it~t$}~ ~ ; 3 1 - - ~ i~f~IJ~l~.K~ 3 Titer AeetiA+3ai~ ai' Irtet~tattce a~ bte ravsr~ side of iittiG tarcrtt dt> t':~nt con~fe a cdr~itaet fen ttta }sst-U~g instt~s;. ettfh~ raptttt~itve t>r' producer, end #te eerd~cc~te i~ofdt:t, star dva~ ~ afiifivc~Y ar rtiepailvaiy Eanectcl, r,td or altar' ire c~~age ad'a+d~ by the po(Icies ilsb~ fhetantx 3 3 ~CFP No. I I-2U1 [)NS Home Inspection Professional Services PDLIC`C rivr+na>wi~: ~ coy r~~cu{c. ~~ri~ni: uAl~it.iTY CG202~G7~4 THta~ ~unn~s~r~>=tv~r CHANGES ~-~>= ~t~t..ic~r. t'L~RS~ READ !T CAR~Ft1LLY, ApD~T~CJNA~. INSt1~ED ~- ~l~St~iV,~T~D ~~I~~C)N a~ QR~AI~IZ,AI.~'~UN Th[s endorsement rnodl~~ itsslirartce provided under tha taliou~fng: .CC1MMiwRCiAE. Gi=Pii*EiI~L LiftSILiTY CQ11~Rr4C~ PAi:tT . SCti~t3Ut,~ . section I< ~ Wtty !s M tnsKtred~is am~tded to Ins ~° . otud® as art addltionatlrrsgr~d Cite person{s} orargurti' zsllon{s) shown In iho Sohadule, but only with respect ' t4 ~ab~f(ty tot' "b ir>]tBy"r " r~A~Y damage" or "pnrs4na! ar-d adv~sin8 lnjtuy~ouusad, in whole or ~ . in part, by your sots or orris&iona ar Ctrs sots ar gtnt~- . slotts o4 t~asa soling an your behalf; R. in the pQrtomtanAa otYots' orogolrig opetalfans; ar ~. to oanneotion w[th your prernlees owned by or rontett to you. , RFC' No. 11-~OiONS Home lnapecEion Professional Services i` l sp ui__.. SAEQ~F~M'~`~ONS M~O>NE ~NEIPEC'1!'~QN PROFESS>IfQNA~ SERY'~CES TERM QQNTRA~Y A. PURPOSE: The City of Delray Beach's purpose and intent of this Reques# for Proposal to establish a two (z) year service contract for home inspecticn services to be accomplished for the Neighborhood Services division by the awarded Contractor in a reliable acid timely manner. The Gantractor shall have the capability to perform dwelling inspeatians on an as seeded bads. B. COMPEi'ENCY OF BIi~DERS: Proposals will be considered from Contractors which are regularly engaged in the business of providing the goods andlor services described in this Request for Praposai. The term "equipment and organization" as used herein shall be construed to mean fully equipped and swell- established company in line with the best business practices in the industry, C. NOTIeE OF AWARD: I# is and shall be understood and agreed that a Contract shall be deemed to be awarded and validly entered into between the successfu! bidder and the City of Delray Beach Neighborhood Services Division upon written natice of the award. Contract shat! be awarded to the lowest bidder who demonstrates compliance with bid specification, capabiiity to perform according to the terms of the contract, and responsibility with participants In the Clty of Delray Beach's pRl Housing Rehabilitation program. D. FIRM PRIG: The Neighborhood Services Division requires a firm fixed price on the dwellingfunit as bid far the Contract period, plus one {1) additional year if Contract is renewed. E. CONTRACT: Term of the contract shall be One 1(1}year(s) commencing onlor about June 15, 2p10, and expiring one (1) year(s) thereafter, unless renewed. The City reserves the right to renew the contract for one (1) additional year, per paragraph #20 of General Conditions. i=. PERFORMANCE: It is the intenHan of the Neighborhood Services ©ivision to contract as specified herein with one Contractor that will give prompt and convenient response to the needs of participants of the DRI Housing Rehabilitation program. Any failure of the successful bidder tq comply with these conditions may be cause for terminating any resulting contract imrr~ediately upon natice by the Neighborhood Services Division. G. PERMITS, LICENCING ANE7 WQRI{MANSWIP: Ali bidders shall procure all permits, licensee imposed by laws and ordinances, and give ail notices necessary and incidental to the due and lawful performance of the work provided herein prior to exeautlon of Contract. H, PUBLIC ENTITY CRIlVlES INFORMATION STATIEIVIENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contact to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may riot submit bids on leases of real property to a public entity, may not be awarded to perform work as a contractor, supplier, subcontractor, ar consultant under a contract with any public entity, and may hot transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATI=CORY 7VII0 far a period of 3fi months from the date of being planed on the convicted vendor list. RFP No. l l -20 ] oNS Home Inspection Professional Services ~Q SOfiPIE OF SERY1~E:f~ !'1"E~~MlcAL REQUIREM~1~'~"ffi HOME INSPECTIONS PROFESSI(3NAi* 51=RVICES NEIGHt7RHODa SERVICES TERM CUNTRACT The successful proposers shall provide the Gity with the services to which they have been selected an an "as-needed basis" in support of the Neighborhood Stabilizaifon Program (NSP) initiative- Preferred: Building Inspector with a minimum of three (3) to five (~) years experience within the housing and construction industry and knowledge of affordable housing programs within Incal government. Part 1. Hume Inspection Professinna! Services. , The successful proposers far this service shall be capable and qualified to provide services associated with residential inspections. The successful proposers for this service are expected to assist the City with performing technical work in the inspection of substandard structures and the preparation of specifications far rehabilitative and remodeling work. Must provide proof of background of experience as a licensed building inspector, structural engineer or architect. Work includes making physical assessments and cost estimates; assisting In developing plans and specifications; conducting inspections to monitor contractors' compliance with plans, specifications, codes, and workmanship standards; and assisting owners and occupants throughout the rehabilitative process. Work is pertormed under the general supervision of the Neighborhood Services Administrator or Housing Rehabiiitatfon inspector. Typical services may include up ta, but not be limited to the following: - Inspect residential structures #o determine rehabilitative work required to correct property rehabilitation standards or construction cads deficiencies; - Prepares plans and specifications far rehabilitative or remodeling work on residential and cost estimates of rehabilitation ar remodeling work required for competitive bidding; - inspects construction and rehabilitation projects for compliance with workmanship standards, specifications, codes, property rehabilitation standards, contract condi#ions, and progress payment disbursements; - Evaluates change orders for cost to insure most effective use of funds; - Assists contractors, owners and staff with the interpretation of specifications, standards, codes, and contract conditions; - Prepares work change orders when any change is required in the job specifications and ensures that contractors comply with the change prders; - Reviews contractors pay requests; - Au#hars and presents written and oral reports; - Reviews plans and specifications with property owners, contractors, and building inspectors; - Gives technical assistance fo owners and occupants an ail phases of construction; - pemortstrates continuous effort to improve operations, decrease turnaround times, streamline work processes, and work cooperatively and jointly to provide quality seamless customer service. - The successful proposers shall act as a liaison between the Neighborhood Services staff, program applicants and program participants ftl"'P No. l I-2©iONS Home lnspeotion ProfessionAl Servicos 31 GI'i'1C G~ i)ELitAY BEACH RFP Nb, '14-~U1(lNS Home Inspection Professionals {~uali~Ca#iarts ThE successful proposers shad demonstrate ar~d have at a miniinurn the following qualifications: - Musk provide proof of background of experience as a licensed building inspector, structural engineer or architecture. - Building, caning, and l~raperty Rshabili#atlon standard codes. r The techniques and methods of computing cost estimates and preparing material speciticatbns In the construction field, - Existing structural architecture. - Building materials and their limits, uses, and epplicatlans. ~ The construction Industry. - Inspection techniques_ - Must be In good standing wikh any NatiarSal Hodsing Inspector Organization;.... - Three years of experience in construction ar construction inspections and cieterminatian of compliance with applicable codas. ©ther combirfakians of experience and education that meet the minimum requirements may be substituted. RF`P Na. l I-2014NS Home Inspection Professional Services ~i~H~i~VLE O~ Pi~R1w~1~~ ~aM~ IN3PECTiaNS ~'RaF~ss10NA~ sl~RVlcltws NEIGH©RHC~C?U Si:RVlC1=S TERM CQNTRACT NdTE: Please subrnl# pricing far the areas of expertise yat~ are addressing only. Place a "N!A" (Not Applicable` next to items not for consideration based on your prvposa! response. Please provide a "flat fee" far each xervlce. You may include a list of fees for addEtional services separately, haweaer fees for said optional services shat{ not he cr~nsiclered as part of the evaluation pracesa. In accordance with the terms, conditions, and scope of services stated herein, I/we, the undersigned hereby subrrTit the following pricing schedlaie far l~~P Na, 1'I-2(}1DNS titled Housing Inspactar 5enrkes far the Nelghbt~rhood Stabilization Pragr$m (tVSP) as follows: Please provide a "fiat fee" for each service. Ttram Description ~~ ~y Total Tatlcv In Nambers p~~ In words 1 INSPEGTTOW Each 1 $ ~~~`~O ~E'.Q' ~u-~~~~ 7 IP WORT{iNRT'rE-1 Taach i eZ ~ ~ . ° ~ $ ~ lnr0 ~1V n G! ~e,C~l~ T t , ~ Q~1 a~ 3 T"oNTroT:Tao Ri;#iA$IlrrATION Each 4 ~ d'0 ° ° $ a her ~~.n ~ ~~e~-- pFiWECF9 ~~.l.lA.r~ Vendor Name: ~~ 1 1 V f~.t ~~.-~„!'~~ --- Federal I.D. #: ~_ - _ ©~ ~ ~ ~-.~ RFP No. 1 i 2Qi0NS Home inspection Professional Ser-~ices ,~.3 YRYi FReB rI10RKPLAiE CER'I'FIiATION tf identical tie bids exist, preference wil! be given to the vendors wilo submits a oertiflcation with their bidlproposai certifying they have adios-free waricpiace in acxordanae with Section 287.087', Florida Statutes. 'Ctrs drug free workptace preference is applied as follows: il7ENT1CAl. TIE BIER; Preference shall be given tv bus€neases with drug-free workplace programs, Whenever twrs or more bids which are egraal with respect is price, qua€ity, and service are received by the Mate of by any polit~al subdivision far the procurement of commodities or contractual services, a bid received from a b~,siness that certifies that it has implemented adios-free workplace program shah be given preference In the award process. Established procedu res for processing tie bids viii be failowed iF none of the tied vendors have I a drug-free workplace program. ` f~5 the person authorised to sign this statement, I certify that this firm complies f~rlly with the following requirements: 1) 'lh€s firm punishes a eta#ement notifying employees that the unlawful rrEanufacture, distribut€an, dispenxing, possession, or use of a controlled substance is prohibited in the wt~rkplaoe and specifying the actions that will be taken against employees for v€olatiorrs of such prohibition. 2; "('his firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug~frea workplace, any available drug caunaeling, rehabilitation, and empiayae assistance programs, and the penait[es that may be imposed upon employees for drug abuse violations. 3j This firm g€ves each employee engaged in providing the commodities yr contractual services that are under bid a copy of the staterrEent specified €n xubsecticn (1 j. 4j in ttre statement specified in subsection (1j, this firm notifies the employees that, as a condition of working orr the vommaditles or contractual services that are under bid, the smplayee will abide by the terms of the statement aad will abide by the terms of the statement and will notify the employer of any cvn-rlction of, or plea of guilty yr noly contenders to, any vlvlativn of chapter 883 or of any controlled substance levy of the United States or any state, for a vloiativn oocurring €n the workplace no !star khan five {~) days after such conviction. 5j This ifm~ imposes a sanction vn or requires the satisfactory parklcipatron in a drug abuse assistance or rehabiEltation program if such is available in the employee's community, by any employee whfl is so convicted. 6j This firm will continue to make a good faith effort to maintain adios-free workplace through implementation of this section. ~1~ Vc~~~l~s, ~~L= Contractor's Hama sign It FP No. I l-2i~I~DIYS Home Inspection Frofessior~ai Services ____-~ ___......._.._......~. .~_ _ _.._._._.___. ~._---__.~....._..,~___ ~a ~ . REFERENCES - RFP #11-2010N3 GOMPANYNAME, ~0'M` ~~~ ~~~ ~V~l C~rl~ Vr~C~n ~~-V~ ~C~C.~t ` 1 ~y AQDRESS: O ~ W ~ `~~ ~ Lr ~ 1 ~ ~l , ~Q N'i o a~ ' STATE: ~ Zli~: ~~ Q ~ O CgNTAGT PERSON: ~ ~~ 1, ~ PHONE NUMBER: ,"1_~ j.~ "'" ~~ ~ ~___. ~ GoMPANY NAMt=: ADaRi~SS: STATE: CONTACT PI=RSt7N; PHONE NUN[BER: ~ ~e.~'~ ~ ~1 v 1 S 3 2.. ~' ~ ~, V t e.. ~,.., ZIP: ~~~J~ ~~ ~~ COMPANY NAME: ~ Yom' [~1S"~r t ~~G."'~ I~ ADI3RESS: ~ ~ S D 1 V ~N 1 ~. V ~~'15~..~ STATE: ~~ ZIP: ~~ J~~ CONTACT PERSON: ~Y' q.~ ~ •1~ `~4U~ ~~~' ~ Q ~n~ PHONE NUMBER: ~ y '" ~~~~'--' ~~4~-r~k~lrir~k~k4r*~F~k~+r~C~k~k9r~k~k+k~kyh~Jk~'r~k~~k~}~tt~k~fr~k~r~Ik~k~fnk~c~~k~+c~r~k~r9r~Y~k~trFn(k1~k3k_Y~c~N1~h~lnk~k~k~~k~k~k~c~r~iriieyr COMPANY NAME: ~~,v~l~~.~ ~~! a l.QY~C C."~"i,fln ~ ~}N~Cfl 'E~Q~'''~~~ STATE: ,,,,,,,,,,,, L- ZIP: CONTACT PERSON: ~.V' 1 ' PHONE NUMBER: fit, ~~ ~ ~ 'r ~~ ~ 0 , 9talr3kvk~*tk~k9t~lr+k~kjk~k*4r~ryk~ttY~r~+ryk~k~ir9fr~k~F~r~IFxr*~k~tr~tc~tr~fr~k~tr3r~k~~tc~k~43r~Trakink ~tr~k~M~ Jr~k~k~1r~'rrie~tr~4**+@#~e~r~r RFP No. i i-201flNS Home Inspection F'ro€essiona2 Services ~S ~i_._ .~-- ~~' ,^ -.~ .,,~~~., '''i"'Pt.~ASE AF~1X SIf3HATURI= WHERE ~NpICATEq (FAILURE TO DD SO SHAD SE CAUSE FOR REJECTION OF' YOUR PROPOSAL} RFP ~: ~~I~2~9ON5 o~~n#~tg Dade: May z4, ,2f19O FiOIVIE INSPECTiQNS PROFESSI(31VAE. SERVICES NEiGHt)Ri-IQ(7~D SERVICES TERM CONTRACT C DMPANY IIfAI~I ~'n~- • C1A7'E: ~ ~ ADt]RESS. C#TY~©C_ ~~ ~ STArE ZIP COaE ~~~ rFLFPHaI~IF: ~ ~,~ ~~ ~ ~-~ ~ ~ , FACS#M#iE ~ ~ ~ ~~ ~ *sra~vAru#~~ VENDOR SERVICE REPRESENTATIVE FQR PLACEMENT QF t?RDER: ' CONTACT NAME. L1 ~! ~~ , TE~.EPHC3NE. ~~. ~ ~.~ ~ ~ ~ ~ ~~ -_-- RFP No. ] I-201 ONS Home Inspcctlon 1'rafessional Services _._...~_.._~.-.._........--,.-...,.-~.~..~....T ~ r......m ~~ ,. yam.. ~d~ H[~I~~ I~I~~~C7i~~i~ ~~Q~~S~l~~lAL Sl~~~'tGE ~tE1~~~~:i~C~€~~ ~E~€l~I~ES TEE~9~ ~~i~T~~A-CT © ~E~ '^ t~fl ~~ list Foams CI ~~~' ~ CI NC} ~idP S~q~~r~ sari p 1~~S ~ ~~ S~6e~ui~ of ~r6st~g~ ~ches~r f+a~ oaee~~~, , YES: ^ NQ ~'1~ ~ct~+v~+t~~g~n! ~i~ ~a~r) ~S D IVt7 n~ a$ ~i~tn~ ^ 1P'~S ©NC3 Pgt~@~ air ~~f~9'cfra~e ~it~il~€r~ 0~r~~'~3 ~O~p ~c ake~$~~ ^ #~~ L~ A1Cf pl~et~ ~~a 4~~t~~aiar~ ~srti~tei~n ^ 1P'~S. ^ NQ ~uiin~s~ ~»ic~ts~ (~i~ ~'®~#r~iy ~e~c~} Q 1~E~ ^ N~ ~~abcordkrerct~r t~~de~t#ain cif r~Y~i~rde~} ~I YES ~ ~(~ S~k~ caf Na 8~ - ([# np~ irex~xat~~~g ~~ t~~ ~~~) v~~~~r ~fi~me. T~~~~ y~~ ~~r y~~~ ~~t~~~~ ~~ ~~~ ~~y ~~ r~~~r~y ~~~. 3 }~P .~o: l I-2~#I9N~ Harr~e.~ns~eat~~~ ~c~~ession~I Servz~es. ~. ,'~ ,, HOME 11~lSP'~GTlt~ld5 F~RC~~~~~IC)1~AL. ~Ef~l~l~l~S t~EIG'MUt~HQ4C3 S~R.I/I~EST~RiM COlv17R~~T f` you sire inch biddii~g`€~a :this ~ervicelcom~n~ity,: phase eain~l.ete and retnrr~ this f'orrn: to: 'ty a~' Ilelray Beach Purohasin~ Ogfic~, IDE1 N~' 1~t Avenue, Deli~a~ Iie$ch;'k'L 3344 nr fax to (561 2~ =71GG.: I?aiinre to respanti may result in iieietion..of vendor's ~art~~ i~tstn::the qualf t~e~ k~id~er's zst - for a-City of pedray Desch: COMP NAI~SIs; __ A.DI7RB~~. STG~ATUR~:: I~ATEs M~tlority' Awned BEISIS3F.SS: t ~ BlaGfe' ~ ~ ~i5~3~TiiG Term Ca~ntract ~.I~ITlafl~ ~ ~ ~i~l~ia ~S]7eSify) 'Vi'e, tl~eundersigried gave declined t id on your `d~#, -Z~l€iN~ Iioe.I`nspectians Prc~~essfonai. ervaccs Spet~i~cations ~o "tight.", i,e. perrnlt gea~d tcsw~rd brand pr hiar~ufactitrer only (explain below}.. Insu~~cent iirti~ to resparid to the lrivitation to Bid W~ do not t~ffer this product o~ an .eq~ival~nt -Our tsroduct sche~oIe would not us to perf'orin Unable to meet speci~catioiis. Unable to ii~eet bond. rcquSren~en~. ~pecificatians unclear (e~plai~ below). er (specie belt~va) 1~ No. 11~~O1.4N;s Herrie lnspacfion Professional Sarvic~s '` G t L VA L D ES a ~ N C. 17774 Woadview Terrace, Suite 205 Boca Raton, FL 33487 {s~~) z4~ say ~ Construction, Consulting & Inspections fay 21, 201 ~ PROPOSAL, FOR HOME INSPECTION PROFESSIONAL. SERVICES TERM CONTRACT NEIGHBORHOOD SERVICES DIVISION RAP No. '11-20'IONS City of Delray Beach Purchasing Department 1©© NW 1gtAvenue De{ray Beach, FL 33444 Dear Purchasing Department: Please accept our proposal for Home Inspection Profsssianal Services for the Neighborhood Services Division of the City of Delray Beach. 1. Scope of Services Proposed Home Inspection Professional will provide to the City of Delray Beach Neighborhood Services Division an an as-needed basis the following services. A: inspection Services B. Work Write-lip Services C_ Monitoring Rehabilitation Projects Services Our services include, but arse not limited to the following: + Inspect all required residential structures to detemtine rehabilitative work required to correct property rehabilitation standards or construction code deficiencies • Assist with the preparation of plans and specifications far rehabilitative ar remodeling work an residential and cast estimates of rehabilitative or remodeling work required for competitive bidding Conduct inspections of constnactian and rehabilitative projects to monitor compliance with plans, workmanship standards, specifications, codes, property rehabilitation standards, cantrac# conditions, and progress payment d{sbursements • Evaluate change orders for cost to insure mast effective use of funds • Assist contractors, owners and staff with the interpretation of specifications, standards, codes and contract conditions + Prepare work change orders when any change is required in the jab specltications and ensure that contractors comply with the change orders • Review contractors pay requests • Author and present written and ora! reports • Review puns and specs with property owners, contractors, and bui{ding inspectors + Give technics! assistance to owners and acc~pants on all phases of cons#ructian i7amonstrate continuous effort to improve operations and decrease turnaround time, streamline work processes, and work cooperatively and jointly to provide quality seamless customer service • Act as liaison between neighborhood services staff, program applicants, and program participants 2. Home Inspection Professional's Quallficatians Gil Valdes, loc. is an Inspection, Consulting, Monitoring, and Construction firm which specializes in the inspection, assessment, and rehabilitation of existing single family homes and multi-family properties, Gil Valdes, Inc. is an S-Corporation which was formed in 1992. Gil Valdes, the owner of the company, has over twenty eve (25} years experience in the inspection, construction, and consulting businesses, including expertise with affordable housing programs within local government agencies. Gil Valdes holds a State of Florida Class A General Contractor's License (CGC 035988} and a Bachelor`s degree in Building Construction (Construction Engineering degree} from the University of Florida. Gil Valdes is the owner of the company and is the contact person for this project (551-241-541?). Gil Valdes' experience in the construction industry during the past 25 years has included all of tike fallowing Home Inspection Prail`essinnal Quail#ica#ions. Proof of background experience as a licensed building inspector, structural engineer, or architecture -~ a uivalenf ex erience as Late ertihed General Contractor with a RacheJar of ~3ullding Cansfruction decree (CanstructiAn ~n_g~eeting de,~ree~ fre rim the Ur;iversity of Florida. Building, Zoning, and Property Rehabilitation standard codes ---- thrau h Gil Valdes' cxaerienc~ as a State Certified General Contractor. he has had the appartunity to study ant! utilize all buildingl, zoninc. and property rehabilifafion codes. In addifiorr, as an inspecfar for both the City of Pompano CDC and the Bmward County CDC he has had an opporfunrfy to rmplBlr~nt the b , odes in the homes he inspected and urfdinq„c,,,,,_._, monitored. The techniques and methods of computing cost estimates and preparing material specifications in the construction field -* through his vast experience as a General Confrnctor Gil Valdes has had fhe o ortunit to mvide and su orf hundreds of cost esfimafes and specifications in the course of his work IN addition, Gil Valdes has beery called as an ex ~ert witness fesfifyinp In numerc~_.~ ..... ... .....~_ ~.,.~-•--- ._.._,_. s w en? a was re rr._, -~ us case_._,.,.,...,..,. fired t© support and document hls consfrclctlor- cyst estimates. existing structural architecture ~ a de rase in Buildin Construction from the Unive it of Florida includes a sI nificanf stud in arGhlfecture and sfructuraf desi n. Gil Valdes has lm lamented draftln and ar~hifectural desi n info his own construction business offerin detailed drawin s to otential cfients illusfrati leaned addiflons rismodels and new construction. wilding materials and their limits, uses, and applications --> with a decree in Building Construction su acted b a State Certified General Contractor's license and 25 ears in the coo s#ruction indusf Gil Valdes has a fhorou h kno le a of all buildin materials, their limits, uses and 8;vpfica#ions. The construction industry -} b s ndln the ast 25 rs workin in all sects of the consfruction Indust from estimafin field su envision m'ect mans ement ins action Ian and cost reviews and construction monitorin Gil Valdes has a keen awareness of all aspects of the construction industry. Enspection techniques -~ Gil Valdes has com feted thousands oflns acfions for individual clients, lenders, and government agencies. He understands all afthe techniques that Inspectors employ and is equip ed to use them_all. He is able tgproyide a comarehensivs rer~ort which is readily understood by his clients Based pn his vast knawle a and ex erience In consfrucfian remodelin and ins action fie has the advanta a of combinin all of these areas to create an extremel thorou h ins coon. Must be in good standing with any National Housing Inspector Qr~anization --r GIi Valdes holds the followin licenses and certificatlans: State of Florida Class 'A" General Contractor's License (CGC 035388 Buildingr E'nemY Efficiency Rater (dCA) Certified Environmental Ins for Environmental Assessment Assoc. # 10893 Certified Environmental lnspecfortA.S.H_l.} OSH Safer Ins c#or Certification Three years of experience in construction or construction inspections and determination of compliance with appfieable codes. 4thar combinations of experience and edueatlan that meet the requirements may be substituted --; GII Valdes has averhn-errty flue j?.5) ears of ex erience in the consfruction and corrsfrUCtlon ins f'on indusf __. Durin this time GII Valdes inc. has com feted numerous re arts for overnmental a encies lendin Instifutions a sisal com anies asset mane ement com anies Insurance camAanles and attome,~s. Assirrnmenfs have included.theinspection of commer~ial.and residential properties for permanent financirrr~ tdue dlficaenc:e), environrrrenfal site assessments condemnation cosf to cure and ro roductian cost estimates. Gil Valdes performs functional pre purchase inspections, construction plan ~ cost reviews and - - funding inspections far lertalina Institutions, as well as r~Flacement cost estimates and safety inspections far insurance companies. 'Gil Valdes -has provided Irfit,Lattorr,suppDrf and ex art witness testimon In over 50 consfrucflon liti anon cases over the Iasi ten ears and has been ualllled as an ex art witness in the Broward and Palm Beach County caurfs. For the proposed Home Inspections Professional Services projeet. tail Valdes will personally inspect each residence and report his findiras~s to the Clty._Based an -- - --- our location in Bona Raton we will be ab a to rovide ex edited ins action t The fallowing is art abbreviated list of projects completed which are similar to the proposed Home Inspections Professional Services Neighborhood Services project. Pompano Beach Housing and Urban Development CRA Quality Control Inspections completed for the City of f'ompana Canal Pointe project Our firm completed two quality control inspections far each home built under the direction of the CRA in Canal Pointe. The first inspection was completed at the interior framing f mechanical trades complete stage (prior to insulation and drywall). The final inspection was a comprehensive inspection which included testing all of the equipment, appliances, electrical and mechanical systems in the home prtior to the final disbursement to the general contractors. During the course of this project, l worked hand in hand with both GRA officials and the home owners to ensure that the homes were in compliance wish workmanship standards, specifications, codes, and contract conditions. SunTrust Bank Gi! Valdes, Inc. worked as an independent contractor for SunTrust Bank from 1995 through ZOtl9, when the Fort Lauderdale residential lending office closed. Services provided included construction progress inspections for construction funding, evaluation of documents for construction (plan and cost reviews}, and evaluation of the cost to build for each property. Gii Valdes provided consulting services to SunTrust for hundreds of residentia! and commercial properties during the past 15 years. Broward Gaurtty CDC Inspection and preparation of Renovation Cost Estimates for single family properties located at the South Florida State Hospital '! p00 SW 84 Avenue, Pembroke Pines, FL South Side School 701 S. Andrews Avenue, Ft. Lauderdale, FL Inspection of property and preparation of renovation /restoration cost estimate for property with historical designation. University 779 Q 7710 NW 71 Court, Tamarac, FL Comprehensive property inspection of.medical office building and preparation of detailed narrative report to document property deficiencies and costs to repair I replace Village of iNeilington Wellington Club East 12165 Forest Hill Boulevard, Wellington, FL Inspection of the clubhouse building and it's associated improvements (tennis courts, racquet ball courts, and commercial swimming pool facility] and to prepare a comprehensive report identifying the deficient components of the property. fn addition, we estimated the costs associated with repairing /renovating the property to a safe and marketable condition. West Fire 5ta#ian Miramar, Florida Cast estimate to convert and renovate fire-station into two story retail /office space. Ansca Homes Boynton Beach, FL: Construction funding and monitoring inspections provided for Ansca Homes communities including Villaggio, Bellaggio, and Isola Bella Estates. The inspections were completed for the lenders that funded these projects including Washington Mutual, SauthTrust Bank, and Comerica Bank. 3. References Pompano Beach Noosing and Urban Development CRA L..lames Hudson, Director of Housing and Urban Development 954-786-4659 SunTrust Bank, South Florida, N.A Fran Holland, (farmer) Vice President 561-544-$4170 (now with t_egacy Bank) American Realty Consultants Robert B. Love 954-472-5700 Betty Levi Development Corp. of Palm Beach Ansca Homes - 561-364-~36B0 4. Schedule of Pricin The following are fiat fees far each of the services requested in the Home inspection Professional Services Neighborhood Services Term Contract. item Description Unit Qty Tota! Price Total Price in Words in Numbers 1 INSPECTION Each 1 $3(?fl.00 Three Hundred Dollars 2 iNORK WRITE-UP Each 9 $25Q.00 Two Hundred Fift Dollars 3 MONITORING Each '! $100,Oa One Hundred Dollars REHABILITATION - PROJECTS Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in this bid wilt be firm for acceptance of a period of one-hundred and eighty (18d) days from the date of bid opening. Bidder warrants that the prices stated in this bid shalt be valid for the entire two (2) year contract period. Bidder states That this bid is made without prior understanding, agreement, or connection with any corporation, firm ar person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. Bidder states that no premiums, rebates or gratuities were offered or received, either with, prior to, or after any delivery of material or provisions of services. Bidder declares and certifies that no officer, employee, or person wl~ase-salary is payable in whale or in part from the City of ©elray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to-which it relates or in ar~y portion of the profits thereof. Bidder understands that the awarding of this project is subject to the provisions of State Statutes and City Ordinances. Bidder declares and certifies that no officer, director, or agent of the Bidder's company is also an employee of the City of Delray Beach. No City of Delray Beach employee owns, directly or indirectly, any interest in the bidders' firm. Bidder declares and certifies that they have adrug-free workplace in accordance with Section 26T.087, Florida Statutes. Bidder declares and certifies that #hey have adtlered to the Cone of Silence in effect from the time and date that the bid was placed on "Demandstar" by the City. Neither the bidder, nor anyone representing the bidder has corr~municated with any City Commissioner or City employee regarding its bid. Thank you for the opportunity to provide you with this proposal. Sin rely, G' Ides, inc. aloes v ~ ~ d fy ~, p ~ ~r z ~ o o o v ~ W ~ ~ ~ G , ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ w WO `Cy ~ ~ Q ~ ~ ~ ~ ~ ~ 113 .,.. N ~ ~ q a ~ ~ ~ O ~ ~ z o d °o 0 o = ~ o ~ ~ ~ ; o o r- ~, «a E~ EH 64 R ~ ~ w O m ~ ~ ~ ~ L ~ ~ ~ d m ~ ~ ° ~ Li ~ ~ Q C3 q ~ :C+ Q ~ ~ Q ~ ~ ~ Q F= V W t5 N O i~~t O ~ ~ ~ • r' h~ ; d~~ E9 FH 4H ~ `~ m ~ ~ Z v U ~ ~ Q ~ ~ ~ Q1 ~ r r. L W ~ w ~ p m ~ O. ~ '~ o H ,°,~~ ~ ~ ~ , N ~ d ~ ~ ~ ~ ~ ~ p ~ ~ L: d Z ~" ~ ~ ~ ~ ~ ~ ~ Q1 ~ z U ~}'^ Q ~ ~j ~ a r'~ ~ z ~ °~ ~~ !,~ W Z ~ r N M ~ O e'^ C '"~' _-~~; o ~1 ~_d;~ ~l ~~.. ~t~4'nH ~M1J ~~Z~;~" -.vv.' ~ ~ ~ ~ ~ ~ ~ ~ ~ v ® ~ .3i A N ~a,~~ ~~~ ~~~~ Q - FM w .y~ ~e W a ~s a~ ~! d d m ~dir U N m ~_ U R4 R ; Eli/ ~~qq ti fir ~4 iW ~ -+ a ~ ~ ~ ~ v .1~ ~. ~, '~ ~1 m a Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: June 9, 2010 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF JUNE 15, 201.0 GRANT APPLICATIONII/DWARD BYRNE MEMORIAL JAG ITEM BEFORE COMMISSION The Police Department seeks Commission approval to submit an application for funding through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $66,560. BACKGROUND Funding is available based on a formula allocation. This is a renewal of a grant we have received for the last several years, and there is no match requirennent. Typically, these funds are used to support the Holiday Robbery Task Force, which reduces crime durizxg the Holiday season. The Department is requesting funding to continue to support that project in 2010 (see attached application draft). The grant application has not yet been posted. Therefore, this draft represents a summary of the program parameters. The details of the application could change slightly, but the project scope would not. The proposal is being brought to Commission at this stage in order to meet the grant requirements of a 30 day public notice period. FUNDING SOURCE If awarded, funding would be granted through the U.S. Department of Justice's Edward Byrne Memorial Justice Assistance Grant (JAG) Program. No zx~atch is required. RECOMMENDATION The Departzxient recommends Commission approve submission of the grant application. httpa/miweb001/AgendasBluesheet.aspx?ItemID=3398&MeetingID-262 6/11/2010 AFPLI~~~~Cl~ '{~ ... . . DI"F I~ITTI~I) .~ppllc~at Id~x~~~i~r ; '"'~I~~ ~I~T~1~~E ~"'~P~ ~ ~~~I~~ ~. T'I~ ~I~~ ~~ `~~ t~ ~.~sli~~I~~~ I~i~n~ii~r ~,pl~a~ic~x~ ~c~-c~n~tx°uctic~n ~. ~~T~ ~~EI~jE~3 ~'~ ~.1 idex~tlfi~r ................. ~EI~I~.1~~.. ~~I;~~~ ........................ . ....................... ~.~PPLIG~I~"I' ~R.I~TI~~ IJ~~1 ~~~~.~ ~r~~atl~~l Ut pity trf ~~I~ I~eh ~'c~I~~ ~3~et~t __ ~dr~~s~ ~~~ end te~eI~c~ne i~~er ~~e ~r.~~ t ~~ cc~t~ct~l. ~~ xat~~s in~alviii~; t$~i l ~~ I ~t ~~ ~lifiia~ ~~~, I"'~c?cl~. I~ ~lr ~: l~ y i: n [ q_yy_~` i3i~ ~ F trv~.~.~y.y~ ~+/~ y~y{ y 6ep ~aEl --T~11Skii~J ~+A~ p} ~( ~. ~~~F.(?YER: II~a~'I°I~I~~Ti(~1'~ I'JI~II~~I~ (EI~I ~. T~FIa ~~ ~~'I'IaI£;~.Y`C ___ ~~iclp~l _ __ - ~"IP ~~ A~PI<I~~.'I __ 9. I~T~I (~` I~ I~I~~II~ ~:rI~I~~~' ~~~z Br~a~ caI' ~u~~i~~ ~ssi~t~~ ~~l~l.e~` `~7./A.i~.L: ~~3Yi~~~I 4~d"Ac'~~1SlFts.~s_ P.K .1.~~ .6 ..: ~ Vl~~ 1 ii Y 1.. 1 .F3 > 3. ~~ 5 A ~ t ~y ry ~ g ~ 7 ~ - r 7 ~€ g ~4.d ~17~i31~ ~~.7~~ ° ` I~~al~~y It~~~}7 T~ I~~r~~ ~€1I4~ ~~I~ TI~I~ .~~~I~ ~ ~~~BI~I~L 7I~ ~ ~ I~:1:~ l~ ~ I ~ ~I~I~~ I y~~ ~q ^. qq~ ~'~ ~ ± p ~I L~.R.TL3~ .A~ . i ~ .L ~ 'i ~~~.L,.r~: ~1.1.[i,C ~~ qq °°++ "*y'y ~y ~ ~y ' q ^ ~ . i~, ~~~i7 !'1I`~L i 1.J ~~ I~[iLI~.C.xkrr~ I~. I~I~,'C?I'~?I~ PR®~~~'T" ~. ~~~~ar~.~I~NAL I7IT~.ICT ~.' L ~~~1 ~z. J~L~L~~rT'IX.l,7 G '~ ' ~ , 1~.TL I 77 yy y ry ~ q +~ 9 ~? .G~~ .LJG`~~f.'; ~~~ LI 1.3 .6~1 3 7 `~:. ~~~A~~.~ q~ ~yy y~~` E ~.. 1.~b..t~2"il~ ~I~I ..... l~. ~ CS.~~i.ii~F'~.~iTi,.f,to1 ~~~~ ~11 g yy~~6 ~~SS ~ ~ }My~/y ly~a 4J~!A ~~V~ ~i.d~V t 3 i 2~ Y`• + ~f 1 . V ~ y$ E ~ ~.f yl ~y ~L L- '~~ yAr gy~ tp t ~ y tt 4 V y - . yyy~ y yy~~yy{[ ~/y ~~q { y + y y { { f ~ r / [ A LSbai..TN~ W~Ls3R S~J t d+ J~ „y¢`5l~a p~ + _._. ~'°~~~ill~6i[A~ 3333 bS„ ............ ............ ..................... ........ .... . any}g}¢ i.J IS$Li~+ `b'~ 1&A. #iGli3 IIiES~ iJ~fVE,I aa~vF ViEt6.~11 ~~ ~LGLLi€ S.Fi ~ 1 E ~ ' (n~(~eg q{y} ..... ...... ~b34Sdb .~]pryNe~ ..... .. W~ .. ....... y ) g8~ q ~/~ ~ Sim R'~11 YY Fs~e.}~~y ~yy~ ........................ W L€1i.2 ~ .................... ~~~ ~~s~~ ~~ 1sa4~.n.lfnrrritc n'srk ~S~r#,n~i ~sr.~a~.a~rrtYlc~~sr~~rns~~~~nn~[?~'Ti~ttl~#'~FI7[E'~747.C~i!'~7)~'E~'1~~"=''V€:~ ~~~~}~}~~ ~~ ~ ~f 1 a ~~ TAE ~E~ ~ Y' :~it~'t~~~7C'r~ ~~ ~~LI I ~~x ;~~ LL DATA T~~ ~'~L:~t`I~N PR~z4.P~~CA`~`I~l .~ ~.~~ ,~ ~;t~~`I°, °T°H~ ~~L111!T ~ ~E ~~~ ~LT~~I~~~ ~Y ~~~~°I~II~~x B~}~~ Q~ "~ P~~~LTT I T~I~ ~PF~.I~I ~~ ~}'~ ~~"~-I ~'~iF. ~TT~~~~F~ ~~~~N~E~ I~ ~°HE (~~~JS~ ~V1,fIni7C~Y~ 1~~~ 1 Edward Byrne Memorial Justice Assistance Grant Program 2010 Local) Annual - CFDA#16.738 Delray Beach Police Department Program Narrative Attachment # 1 The Delray Beach Police Department's Holiday Robbery Task Force has been operational since 1997. This Task Force runs annually from Thanksgiving through the New Year and provides a saturation of patrol units in all shopping centers within the City of Delray Beach. The Police Department provides high profile visibility, utilizing approximately 100 different aff cers throughout the holiday season. During the course of the program in 2009, one thousand, three hundred, and fifty {1,350) hours and a total of $70,150 were spent on this program. The Holiday Robbery Task Force serves as an important deterrent, reducing the number of serious crimes during the Holiday Season when crimes of opportunity tend to increase. In addition, the presence of officers is expected to make citizens and visitors feel more secure. If a crime should occur, officers are on site and available to intervene. During the 2009 holiday season The Holiday Robbery Task Force was deployed in the following areas: Delray Crossings Plaza {anchor stoxe -Target), Walmart 1 Murphy Oil, Delray Square (anchor store -Big Lots), Boca Delray Plaza (anchor store -Poppies Restaurant), Delray West Plaza {anchor store -Bed, Bath, and Beyond), Pines Nest Plaza {anchor store -Gold's Gym), Plaza Delray (anchor store - Publix, Regal Cinemas), Downtown Delray (Atlantic Avenue from Swinton Avenue to the International Coastal Waterway). The projected cost to continue the Holiday Robbery Task Force for 2010 is $72,000. We are requesting the fu11 JAG allocation of $55,560 go towaxds funding this important program. All additional costs program costs, including othex benefits, will be funded by the City. 2 Edward Byrne Memorial Justice Assistance Grant Program 2010 Locall Annual- CFDA#16.738 Delray Beach Police Department Budget and Budget Narrative Attachment #2 Budget Narrative: In order to support the Department's deployment plan for the Holiday Robbery Task Force, we are requesting funding for the cost of overtime for officers who will be deployed in the targeted areas. These officers will provide high visibility patrols and serve as a crime deterrent. In addition, the presence of officers is expected to make citizens and visitors feel more secure. If a crime should occur, officers are on site aand available to intervene. Based on prior years, we anticipate the program will cost in the range of $72,000 in overtime and FICA. We are requesting the full allocation of $66,560 to support this program. Of that, $61,834 would directly fond overtime costs and $4,730 would support the cost of FICA. Below is an itemized outline of the proposed budget. Bu diet: The following is an outline of estimated project expenses needed to support the Delray Beach Police Department's Holiday Robbery Task Force. Requested JAG Funds PERSONNEL Overtime far officers assigned to the Holiday Robbery Task Farce and deployed in targeted areas as a crime prevention tool $61,830 FRINGE BENEFITS FICA (7.65% of salary) $ 4,730 TRAVEL $ 0 EQUIPMENT $ 0 SUPPLIES $ 0 CONSULTANTS/ CONTRACTS $ 0 OTHER $ 0 Total federal funding requested from JAG: $ 66,560 Edward Byrne Memorial Justice Assistance Grant Program 2010 Local/ Annual - CFDA# 16.738 Delray Beach Police Departrr~ent Review Narrative Attachment #3 The JAG 2010 Grant application will be submitted for inclusion an the Delray Beach City Commission agenda for the 7115110 meeting. Commission meetings are advertised in advance and support material is available in advance for public review through the City website: h :1/www.m delra beach.co~n/Delra ICit +CommissionlA endas+and+Minutes/defaul t.htin. In addition, Commission meetings are open to the public and a public comment period is provided. Finally, the grant application will be posted separately to the City web-site fax public review (this can be viewed at the following link): h :l/www.m delra beach.com/Delra /De artments/Police/News/JAG+BIock+Grant.htm . Edward Byrne Memorial rustice Assistance Grant Program 2010 Local/ Annual CFDA#1(.738 Delray Beach Police Department Abstract Attachment #4 Applicant Name: City of Delray Beach Implementing Orgaz~izatian: Delray Beach Police Department Project Title: Holiday Robbery Task Force In order to support the Deparhnent's operational plan for the Holiday Robbery Task Force, we are requesting funding for the cost of overtime for officers who will be deployed in the targeted areas. These officers will provide high visibility patrols and sere as a crime deterrent. In addition, the presence of officers is expected to make citizens and visitors feel more secure. if a crime should occur, officers are on site and available to intervene. Based on prior years, we anticipate the program will cost in the range of $72,000 in overtime and FICA. We are requesting the full allocation of $66,550 to support this program. Of that, $61,$30 would directly fund overtime costs and $4,730 would support the cost of FICA. All additional costs, including other benefits, will be funded by the City. Ass~~c~s ~~c t ~f ~.,~'au must .ciic.atx.~ ~`Acc~~t'~t~~~iti~~+~~..~ ~~ ~~ fare ~Cc~~in~t~i~mwil't~s2~ ~~I~, r~Pg~~~ ~S~~~T~ 1~1-~t}14~` ~~'I,F l ~i~ l I~~ l ~ "i`he Appiicar3t t~erel~y assures artd c~rti sdrntia~rac~ vtrlth X11 apiicabi~ edl tart, regs~i~fis, ps~ficies, guidaiins, end regirer~an, inciiait3ing ~~i3 ~irca~iars,A-~~, A-1~7, A-192, A~1'1t3, A-'122,. ~-~~, ~. girder 123?2 (Interga~ernrr'errttat revieva cif federal cgs}€ and ~ ~.,~. its. ~6 ar 7th ~adtrtia~alstrative reuireraaerrts far grrarrts and caa~rafi~e agreern~r~fis~> ~°#~~ a~piint else spsci~caliy assures and certlfs fhat: ~. it has fhe legal at~ti'sc~rity to at~iy fir fed~r~l a~~iaf~riic Arad fhe irstifufiaraal, manag~riai, and firaandil capability (inctulh finds sa~fl'iCiarat to pay any re~iaired roan-d~:r~k sfi~~s~ of ro~~a# east} #c~ er~sr~ prc~p~r l~r~nirt, rraanagernent, and ac~rrfpftian of fhe ~Zrajec# described in #his applica#iean. ~, tt gill es~bilsh safeguards i~a prohii~lt empiraye~ fraria using heir ppslfians fa# a pur~pc~a that cdnsfitrstes ar presents the ~~spearance taf peraraat ar argar~i~aticanai ccarafli~t taf in#eresf, or personal gaino 3. it will give the av~+arrfing agerac~€ or the ~er~erai Acuntir~g ice, thraugh any atathearized represerttatiVe, access tea and the righf fo.examine all paper ar elecfrsarsic reccrd~ dated #~a #ha f~raaraciai assistance: '4: it gill ccata~apty i~itta X11 lawful r~uirem~rifs iprased by inhe awaeding agency, spectcaily incit~ding Gray ~plic~bla regulatic~n~, s~rch as ~~ ~.~`.R. pig. 18, ~~, 23, 3~0, ~;~, 3, ~~, ~, and 63, artd fhe Ord ter'trt in ~ C.Q.R. 175.'!5€b). 5. 1# v+ri11 assist the awarding agency cif neces,ry) in assuring corrrpiian v~ritia s~fion 1 t36 ~a~ the t~atianak Hisfearic I~rarSfat7i7i1 Act flf ~~ ~1~ l,t.~,C. 479), ~, r~rder 1193 (reratl~acafi€arr grad protecfrcan of hrstorrc prcxpertcas), fhe Archeoitagicai end iistearat l~reser~rafian Act csf 1~4 ~~ ~.~P~. § ~6g a=1 e# ~.~, and tl~e t~tkar€al 1=ra~ar€~nrr~e~~l F~s~iicy A~ of 1969 {42 U.Q.C. 432"1}e . it atrlil t~rrtpiy (and will re~r~lre gray sutag~~nfees or c;aratract€~rs to ~iy r~ith ariy appiioafale stat~farilyarr~pc~sed naradiscrir~~lrtagti(art it.,e~ulre•,rra~ri#sp~i+~rialch !may i~a~7ude ~~ C~r~iigi~u~ ~rir~ae ~aratral grad}~fe !reefs Act of 196 {~Z ~f.~.C. ~ 3739d~, ti Fe ~~cAlrra~`8 of ~.+~r~rr?e Act ~~ ~f.~.~. 1 [~~*Yg€r~}? Thei .iuverr~l~. ~1~si~~r and C~slrric, u~ira F'r~iv~rr{#iora. Act ~f 2~t12 ~~~ U.eC. 5672{b~}, thB Cr~ri Ragh#s Act oaf 1964 {4 €~..C. 29t~Qd)~ the i~ehaka€llfata~an Act t~f 1973 X213 t,I.S.C. § 7 94}; the Arrrericasas with I?isat~iiities Ac# eaf 19913 (42 1,~.~C. ~ l2~31-3~}, the ducatit~n Aendrt~erats of 1372 ~~~ 1.~.~_c, ~~16~1, 183, 1~35~6); and flee A~~ l.~lscrir~alrtatiora ~ c~~ 1975 X42 U.Q.C. § ~~~~-~~)R see Vic. f~rder 13279 (a~~tal pre#ectiara crf the laws fir faith-rased acrd cr~trtrratani#y orarri~atic~ns}o 7. if a gaverr~raaerafat entity: a. if vsriii carr~piy vsrith the regwirerraents of ~e liraifcarra'r f~eiocatiAn Assistance Arid Real Prtape€ty Aaquisifions Act of '1970 (d2 f1.~.C. ~ 4~~1 et seq,), which gravers the treatrnenf of persons displaced as a res~ait of federal arad faderafy-~~sifit~~ praagrarns, and b. it wilt campiy with req~airerrrents of 5 lrt.S.C: § 1501-0~ and § 7324-~~3, which iitr€if ceriain pcatiflcal ac#larities of tte ar iDCai gcvernrrae~f errapl~syees whose rincipat errapic~yrraerr# is in oo~neotita~ with a~ activify financed in kale tsr ire faart icy federal asslstarr. h~~f~~?r~~t~.rain.~x~d~i.~c~~0ra°,~tera~li~is~+~r~=;~~s~aas°'at~rt„st`~etcad-~ssu~.st~tus=ic~~ 1~12{~1{~ ar~i~~a~itt ~'~ 1 cif 2 t~~°3'T'~~~~~~.m~~tcii~lc~~.~._`.`A~c~~~"~~u~t~~l_~~.~ tt~.x ~s~_e~~~~ t~~~~;~c~~in ffri~..ll~~~l.~.~~1~.~. CI~PA~Ti~§~I~7 lUS7"1~ ~. ~l~ ~ Jt~T6~l= ~F~~ezRAI~S ~~FI~E ~F Tl~i~ Gi-dIEF l=ltdAl'+i~l#l_ e~l*F1~EFi CERTIIF6C~7I€3N~ ~~AR~INC L.t~BYlhE~g D~:I~A~~~AI"~~ Sll~F~l~~1C~R! A~~ C~71~~R ~1=56'~I~~IBtL6"1"`fi i§~#'t'"f'~R xr ANR ~~~G-FEE ~'#i4?FtfC[~LA~I= ~G~Ul~~.I~1l~~T~ ,4pplicants s~iauCd refer tra the regulations cited beio~t to detertt~aine the certifition tcx which they are required to west Ap~aii~cants tcauld alsca review. Ctae instruetican~ fear certl~€s:a#ion iraclu~d in the regazlatlons befrare rpleting this fc~rrrat. Aptarta~ crf this farm p~ry~t~~i77dq fyar carnplia~raa~~gqa~t`~t~p~ ce~!!r.tif„ir.tis~n repq~E~~r~rn~nts und~rp~Z~ MFR Py~rt ~9~,+" l~~striatia~,n~~6earpn~{L-oy~tga~ingp,"g 2 ~~€~ ar# 2~~7,,,9 aiSl?.A~.a ln°apletl°aentatlart ref W1ViV~Idarr . of 4 ia~~1~~~r~~1~'..r~~ Ll~~'~.~{~~e~4 ~r~~ ~7~~p~aF1~.~ara a~ t~~k8 C.~E s.~ff"Ilf 1°1 A S.a~a, .:~.~~~~rr3~~~^~}d~' tbarent and usfserasicart," and ~overrrrraentide i~~uirements far ~g-~r~e arKpEas ~~r~nt~)~" The e~rtirtions sh~l1 ~~ treated ~~ ~ rraaterial representaticua of fact open which reliarac it1 be pled when ttte r~pa;rtent of Jtrstic deterrttines to ~~~ ttt ax~ver ~rasection, grant, exr cct~peratt~te agenten#. 9_ L~~~~E~3G As required by 5ectiara f~~~, Tit{~. 31 of ttto U.S, bode, and iratpiemented at ~~ ~~R Part 9, for persons enterirac~ iratca. ~ grant tit sreaoperatiere agreen°aent Auer $~~~,#~{3~#; ~ defined at ~ ~i=}~ Part ~J, the applint rtifes that 4a~ ~c~ ~eel~r~l apprapri~tt fins have l~n paid ar s~rili Ear paid, ~~ ar €~n b~h~1f of the undorshd, tc~ any parson far ira~u~r~ci~g ar atterrapting to influence an effacer ar erraploye~ of any ageriay, ~ Member of ~c~nress, an afcr tar erraployee of ~~artgress, ar an. employee of a Metttber of ~cangrass irr nnectican ~nritlt #fae 1it'itt~:ir~g c~,f any federal grarai:, the entering irate of an~+ ccacaperative agreement, and Cite exCensian, cantinuationh renewal, amend~raent, csr meadifation of gray federal grant ar raaperativo agreernenta €) [f any funds outer theta federal appr~pri~zted funds haue been paid ear wil! be paid to any persan far influencing ar atterrsptirtg to inflaaerroe an eafficer or ernplayee of any agency, a Mervr~er of ~cangress, an affir~r pr erraple-y df congress, or err enapEayee of a Mernlaer of ~angress in caraneetian aaa+it this federal granis csr caoperative agreernerrt, the ur€dersigned shall eorrrfale and subrrrit Standard Foy 61_LL, '°l:~isclasurre of Lobbying Activities," in arceardance auittt its instructiesns; G°lte urtderrsigned shall require that the language of this c~r~fioatiarr be inducted irr tits award doourtterit~ fbr ai! suaitu~rds at all tiers ~iracludirrg strtsgrants, ntracts under grants and cooperative agreerraents, is subcartc~ and that a(! sub-recipients alaa[I a~rk°sfy arrd di~~lgs accordingly. ~e L~~AI~Mi=I~T, ~~~~CQ(~, A~it~ ~Thi~R F~~t71~14~E'~' f~IATTI=~tS ~€~I~~~rt l~lW~IBIV"f`~ r redii`ed icy l~xecutive ~rrt~r ~~g, l~ebar~nt grid Suspension, artd ihaplerrrented at 2 MFR Fart ~~7, far prosctive participants in pri€ttary covered trensactians, as defined at ~~ ~ectic~n ~~1.2i~{~}= ~. Thy ~~lir,t rertifles that 1t ttd ~~ ~arirl~ipal~; {a) Are not. pr~:s~ntly debarred, s€asp~rrded, prcapos~ecf f'or debarment, declared rneligable, amend Ca a dental pf Federa3 ~nef~ by a atat~ or 1=ed.l c~iu.tt, ar valuntanly exclr~ded fream aarrer~d trart~acti~ras by arty edera! dep~rtnt ear acn>/y, ~~ '{~~~ nett N~ithi1l three-year p~riC3d rec~d~ng ttrl~ appiiatipn t?n eFanv~ctl C}f ar l"taCl ~ ci~ril J3~~n1E'rS~ rendered ~~it1St t~1~rr~a for rrrrrrissidn t~f fraud or a c€~rninal afferas iia c~anra~ctic~rt u~rith iabte,inirtc~, attemptirtc~ to obtain, ar perfarrning a public {federal, State, ar lgapy~l~gtpry~ysygay~tiara e~sgraaratraat un~dera p[ci~7aC(i~aj(tr~}ny~ayia~jn; •r~ia~laj~tpi~aY4ny~ofYl=JeS~derCal arS~tate a(nrtyitr~+ursy$tGsY9tga[tiuRt$e~s arpc~gcy~+m~ri~tasi-saicayn[ogf,q q iri <<~LF.-~&'1 tIS/l lt3 tGf~ ~®r~ryy ~3ibry# ~&°#7V ~i'V~i~aiF ~I V~~'lr~Lld Wfi V'~ ri:r N'a+'r~v, ~~3Z~n~ ~EJi'w ~3~G'ILVIlii.re f7nJp ar 1G~+3.%aM ~ii~ +~1r~1~ilE ~rV sr~, ~c) Are neat presr~ntly ipdicted fear car tatherwise crirrairaally ar civilly shad lty a gaventental entity (~leral, State, or iol~ with ~tarrrrraission of any of the offenses enurnerated in paragraph {'1~~b~ of this certification; and ~d} slave net within a ttaree-year pericad preceding this applica#ian had one iar treats public transactions (1=ederal, Sts€te, str Icacal) terrarinated for iise car default. B. Where ti'ae applicant is i,inable to rrtify tip any of the state€t-aera in this c>~rtiftian~ fti~ crr she shall mach art exlarsatiart to this litiora. ~. i~Ftl..lf~-~'1~14iK~'I.AG {e~l~1TE ~THi~ TFi~A I'l~l~fll:~t~ALS} 1-c€rr~c~ll~ra~atc ~ir~ 3~srlraa rrc~rr~s~rn;~~~te~.tOcii~tavB~~~~rc~s`t`a;a~t~;coon.st;`?mc:Chad;Tccrtil'vstattt~~~Tie>~. ~f~~21~ ~erfit~~ca'~ns ~a~ 2 ~` ~ has required by the E~ru~r[=rye ~ls~r[tp[ac~ ~~ cif 198, d irp[e~n~nt~c~ ~t ~~ ~F'E~ ~~r~ ~3, ~~i~p~r~ F, fc~r grnt~~.s, ~s dei~~d ~t ~~ ~[~~ ~~~~~ ~2i:1 and ~3.~5t~. ,~. ~`~ appl[eat~t certi~i~s that it gill or will oprrtiraue tea paravide dreg-free warkpla by: ~} u~fit9hing stearten# ncatyirtg empioyt;es tE~af ~~~ ur~lawfuE r~anucttare, di~tri~utir~rr; cfi~~aerisir~g, pC~s~essitar~, rar use of ~ ~'ar~tr~'slled s~Ea~tar~ce is preshibd art ~e r~rane's ~u~rrspia~e and sp~cifyir~g ~ actions that v~iil ~e taken ~-galnSt err~itayees tai viaE~t[~r~ ~a~ s~a~i't p[~i~ir~; ~~~ ~blisi~`tng an o~~taing drug-#r awarert~ prcagrar~ tc~ ir~forsr3 ~rrrplr~yes (~ ~ ~ loner of drug ~~~~~ ira the +rarEace; (2} ~e grantee`s poliCCy €~ rriatntaii~€ri ~ ~r-r~~ w~epf; ~~ y avai4abEe :drug r.,cturtseling, tehailiftic~tt, a~ e~plriee a[s'at~ce ~r~i~rainsq artd ~) e pena[ties'that rr~ay [~~ irrtpcased ~tpc~t~ emp[csyees r drug al~t~se vic?laticarts occurring in ~ ~vcii~Ecpl~c~, ~~~ ~a[cing ~ ~ ~euirment that aoh errtploy ~~ de ~r~gaged in the rta~rrnancae ssf the gent be gi~rert SPY Qf a statement requrr,'1 1J~ t~~'ip[3 ~a)g ~d~ drat€i`ying t[~e ett~plc in tE~ statrnt req~tr~ y paragraph ~~).tha#, as ~ r~ditian ~~ empi~ymerit ur~dtr the gram; tea. err-ploy~e will ~~) abide by tl~~ terms cif the s~tetnent; and ~j ~lotifiy the ~plta~r~r In wrltirtg taf hip or her tcat~vtot[ort ~ot° vlcalatw~r~ ~#. criminal drag stsstute ~urrir~g in fhb ~vor~plac~ no [ater° Chart ~tve caEr~dar days air such nui~icr~; ~~} lvs~tl~ing l:h ages, ire wr[ting, ~tithn ~g ~lendar days after rece'rva€tg n~t[~ under s~para~raph (~~~2) lrra stn eploy~:~: gar raaeris~ receiving ~~~[ r~rslii~e ~['su~t~ cor~victiors, n`tplta~#er's of nvi~d erpltiys test pr~vidt~ nat~r~, i;~rls~ir?g pros"rtit~n title, to: ~apartrrsent ~~ Jcasti, ~f~i of Jt~sti Prcagr~rr; ~T7'Rl; sRtrol ©esl~, ~~ [~ 7th trt, Ed.ltlf.s V1las#tEs~gtors, ~. ~~1. leitide shelf inoltade ~~ie idertti~tiean riurt~taer(s~ caf eacE~ a€oted grant; Takirsg aria s~f tl~e fallcawisi~ actions,. withirs ~~ ra8es~dar days caf reivis~g ncatic ursder ssalaparagraph (c[~~~~, with aspect tsa any errtpis~ye who is sa rsvs~ted (h~x)({~,°~ain~yy a~ipyjr.~pyr~iyatpp}~r{~~r~n~~1 a~siyoyyny a{Yg~~yir~tgsyuch art rr~p[o~~, up tc~ and irlct~aing t~ran[n~tic~n, crsnsist~nt vviih the req~ire~nts ~3f 11 ECi' ~&'i41~F[1~SR~Ii./{1 ~Y1 ~£ ~~7 iJq ~s Y..liii~6ld'~':=~g iJI ~Z~ E~sairis~~.sus:h errrp[~ayee tca pas-ticipat~ satistact~ari[y in a drug abuse assistarr or rehabillt~tio prrsgram approved lzor stick p~rps~ses by a [=ederal, State, or ltacai healttso law errfcsrrrraent, or cater apprs~priate agency; fig} 1t~laEtls~g a good fa€ttt ef~rt to cortfiirtua to rnaintatr~ a drugmfree ~ucarkpla thro~ag~ lrriplemersfatkcart of paragraphs (a}, (bj,'c}, {d), s #[~~ duly autrsea~ed r~:pEe~~~rttaive o€ the applicant, t tsereby certify chat the appEicarst ~nril[ ccamp[y with ~e abcave rtll'rtl~ns. ~tece€st E ...-...._........ ~xt~r~re~Icnr.~~t~~celni.r~~~~~~xt~~ldisd~~v~-ts~u~a~~~"e~tct~~,~t'~~s~=-c~rt~~~t=tip 6~~1~ Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Off cer Anthony Strianese, Chief of Police TI-IIZOUGH: David T. Harden, City Manager DATE: June 9, 2010 SUBJECT: AGENDA ITEM S.N. -REGULAR COMMISSION MEETING OF JUNE I5 2010 LETTER OF SUPPORT/ PBC JUSTICE ASSISTANCE GRANT (JA ~ ALLOCATIONS ITEM BEFORE COMMISSION The Police Department requests approval for the Mayor to submit a letter in support of the Annual Countywide JAG funding allocations (attached). BACKGROUND The Florida Department of Law Enforcement (FDLE) has allocated $581,068 in funding to Palm Beach County. This funding is provided to FDLE from the United States Department of Justice, Annual Justice Assistance Grant (JAG). In order to receive this funding, the units of government within Palm Beach County must provide majority support of the funding distribution and submit a letter so stating. The proposed funding allocations are attached. The City of Delray Beach is expected to benefit directly from a portion of the Weed & Seed funding. Our City will also benefit from county-wide services such as the Juvenile Assessment Center and continued coordination provided through the Criminal Justice Commission. RECOMMENDATION The Police Department recommends approval. http:Ilmiweb001/Agendas/Bluesheet.aspx?ItemID-3397&MeetingID=262 6/11/2010 ~~-~ ~ ~ 4.~~._ ~ C~ ~1 ~Rl~ Criminal Justice Commission 30l Norrh Csiive Avenue, Suite lflDi West Palm Beach, I"L 33401 4705 (56]} 355-4943 FAX: (5bl} 355.4941 wrvtupbcgo~ eomlcjc Palm Beach County Board of County Commissioners Burt Aaronson. Chair iiarea'F. Marcos, Vlce Chair ferP KooEas Shelley Vaasa Stever! L, Abrams. Eels R. santaEnaria Priscilla A. 'Payior County 1-dministratar Robert tVeisman ~t~i tqurr! Opyorlemitr• tl~rurakierTctian F.mpln}°er" ~I JUN 1 za~o l G a~~Y roMrn~ssi~r~ May 25, 20~ 0 To A!I Palm Beach County Mayors: The Criminal Justice Commission (CJC} seeks your approval in the allocation of FY2(1~ ~ (Federal Fisaa! Year 2010) JAG funds. The testa! FY20'l0 allocation to Palm-Beach County is $581,068. JAG blends the previous Byrne Formula and Lvca! Law Enforcement Block Grant (LLEBG} Programs to provide agencies with the flexibility to prioritize and place justice funds where they are needed most. The CJC voted to support continuation of existing programs. The recommendation for the FY20'i 1 allocation is as follows: FEpERAL SUBGRANTEE PROJECT TITLE FUNDS RECOMMENDED Palen Belch Cnunkyl Pre-Trial Services Program $48,500 Public Safet Palm Beach GountylCrirrlinal Juvenile Assessment Center $202 254 Justice Commission JAC Securit , Gulfstream Ceadwill Alternatives to Secure Detention $48 151 for Juveniles Palm Beach CaurttyJCriminal Vl/eed & Seed Program $~©0,000 Justice Commission Palm t3eaeh CountylCriminal Prograir- Evaluation $fi5,fi63 Justice Commission City of Riviera Beach Civi! Drug Court & Family Restart $116,500 TOTAL $584,468 The Florida Department of Law l=n#orcemenk (i'QI,E) requires that fifty-one percent (51 °l0) of the local units of government representing at least fifty-one percent (5~°I°} of the county's population agree on the allocation of these funds. For your convenience, we have prepared a sample letter for your use_ This sample letter can also be e-mailed to you by e-mailing a request to Michael Szakacs at f+IISZAKAGSCc~pBGG4V.QRG. due to the application deadline, we ask this letter be received at the Criminal Justice Commission Office, nn later than June 22, 20'10. prlntedan recycled paper Please send the letter tv: Palm Beach County Criminal Justice Commission Attn: Michael Szakacs 301 North 41ive Avenue, Suite 1001 West Palm Beach, PL 33401 I€ you should require additional in€ormation or have any questions, please contact Michael Szakacs at (561) 355-4939. Your immediate attention to this matter is greatly appreciated. Sincerely, ~~~. , Michael L. Rodriguez Executive Director Cc: Ms. Barbara Cheives, CJC Ghair All Palm Beach County Police Chiefs <insert date> Mr. Clayton Wilder Florida Qepartment of t_aw Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, FL 32308 Dear Mr. Wilder: In compliance rnrikh the Slate of Florida Rule ~1D~9, F.A.C., tha <inserf name of city, village or tawn> approves the distribution of $581,0&8 of Federal Fiscal Year 2010 (FY2011) Edward Byrne IVlemorial Justice Assistance Grant {JAG) far fhe following projects within Palm Beach County: FEI]ERAt, St1BGRANTEiE PROJEGT TITLE 1Fl3NDS Ri~COMM~N©ED Palm Beach County) Pre-Trial Services Program $48,500 Public Safe Palm Beach CountyJCriminal Juvenile Assessment Center $202 254 Justice Cammissian (JAC) Security Guifstream Goodwill Alternatives ko Secure Detention $48 15,1 far Juveniles Palm Beach CauntylCriminal Weed & Seed Program $100,000 Justice Cammissian Palm Beach CauntyJCriminal Pragram !;valuation $65,663 Justice Cammissian City of Riviera Beach Civil t]rug Court & Family Restart $116,500 TOTAL $589,068 Sincerely, Nlayar <inserf name of city, fawn, +riilage> r , ., a " a'u~~ "'a ~,.,~^ ~"E ~1~.,~ I ~4x x t~tl.ltAY C3E:~t: ,, , ~ ~._ ~C ~ll~~rneri~ l;i>€ June ] 5, 2010 ~ ;;, i , =_t _~it i Mr. Clayton Wilder- F'larida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Ta!]ahassee, FL 323.08 Dear Mr. Wilder: In compliance with the State of 1~larida Rule 11D-9; F.A.C., the City ~fl7elray Beach appraves the distribution of $58.1,068 0£ Federal Fiscal Year 2010 (F"Y 2010-201 lj Edward Byrne Memorial TAG Progranra funds for the Fallowing projects within Palm Beach County: 1 FEDER.A.L SUBGRAN'1i'EE PROJEET T~TIvE FUNDS TtEC`O1VICMENDED Palm Beach County/Public Pre-Trial Services Program $48;500 Sofa T'a1m Beach .CountylCriminal Juvenile Assessrrter~t Center $202,254 rustics Commission JAC Securi Gulfstream Goodwill Alternatives to Secure $48,151 Detention for Juveniles Palm Beach County/Criminal Weed & Seed Program $100,000 Justice Camznission Paitra Beach Counry~Cri~tainal Program Evaluation $b5,6C3 Tustiee Comrr~ission City ofRiviera Beach Civil Drug Court & F`atr~iiy $116,500 Restart _ '~'F)TAL _ $81,06$ Sincerely, Nelsaii S, McI7u£~e Mayor NMISLIdr .: r - w Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: Tune 8, 2010 SUBJECT: AGENDA ITEM S.O. -REGULAR COMMISSION MEETING OF .TUNE l5 2010 SPECIAL EVENT REOUESTIART AND 3AZZ ON THE AVENUE ITEM BEFORE COMMISSION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled far June 24, 2010 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F} for the closure of Atlantic Avenue from Swinton to the west side of NE/SE 7tt' Avenue, Railroad Avenue from Atlantic north to the north side of the east/west alley, and to the alleys north and south of Atlantic on NE/SE 1~~ Avenue, NE/SE 2~'d Avenue, SE 3~~ Avenue, NE/SE 4' Avenue, to authorize staff support for security and traffic control, EMS assistance, banner hanging and removal, barricade set up and removal, trash removal and clean up. BACKGROUND Attached are the special event permit request, budget, site plan, Certificate of Insurance and Hold Harmless Agreement for this event received from Sarah Martin. The estimate of overtime cost for this event is $7,338 and the cost fox the barricade rental is estimated at $200. Based on the event agreement, the Downtown Marketing Cooperative is to pay the City 35% for overtime costs over $1,000 and barricade xental. The estimated charges for this event are $2,220. This event is sponsored by the Sun Sentinel. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, including barricades, with payment of costs to the City per the agreement between the City and the Downtown Marketing Cooperative. http:Ilmiweb001/Agendas/Bluesheet.aspx?ItemID=3395&MeetingID=262 6/11/2010 City ofDelray Beach Special Event Permit Application ~~~~~~~~ ~` ~ ° ~ ~~ A~M1NI~' ~'• E~VI~~S P~..EASE TYPE OR PRINT 7 ~~3 zaa i Eve~~t NamelTitle: °,' Event Date(s): Tunes:. ~~ ~ r Event Spo~~sor/Praduoer: r ~ ~t"dr~ tl Ever7tCoaytactiCoordJnator: ~~rntt~. ~i,.V``~~ ~"+ Name: Brief HJstoxy of Eves;t (If applicable}: ` ~. ~~~ `~ ~' Planned ActivitJas (OlltlJ!!e of activitieSlnuil~bar p~ ctivities, i,e, entertaninle~~t children's rides, gam s, otJ~e • pro rants): hll~~ ~ plumber of Individuals Served Previous Ysar (if applJcal~le):~, l~J ~~~ DescrJJae th targeted popltlatioi~ and c~pectad att ndance: ~` - °.~' TelephoneNuir~ber:~• Cell lar u~y~bar: ~(~ fc~~X] a?~~ E»Enail Address; ~tvlr~rJrt~n ~ f1~41 .,CQm __ Describe our Mafketin IPramotians pro run Rev will ou mar et! f•afnote, l.e, TV, ratio, posters, flyers, ~veb sites, oti~er): ~itt, 4•t~r' ~'S InrJ~l.t~ . ~ !S Sponsor Category {piease eiieelc) City ~ Nan-Pra~tlChari#able ^ Private Ca-Sponsor -- Nan~FrofitlPriva#e ^ (.If1Vvn ~rafrt rrftacfri~f'OO,~R,~SQ~C~3}, c(A), cld), C(ID}, 01• c(~T9) ar (rl~ went L••oeatian (Describe area boundaries oaf event(Iocafiof~); °it-~B ~I.~NI~~. 1. _.N _ A J~~,.« ..,. ~ 1 a___ - Site plan attached: yes___ Ito (Site plrrtr requireri for e~rtir~ et~elri slPe, include laGa#ions of tbnts, stage, paa~talets, dumpsters, portable liglfting, and barricade locatioff ifapplicable.) Rental of Old ScE>,aal Square: yes no c/'~ {If yes, a##aeit proof of appravai) Private Property User yes na~~ ' (IE'yss, attach letter giving autliorizatlof~ front peopet'ty otivner) Event budget attached: yes~___ na {1~er~rrirert fnr• rrii events) Previous yeat• Revenueli~x~ense sun~iltary ffttuclfed: yes__ ~ tto (Iteclulred for all events) Do you leave cash sponsors for tltie event: yes ~ no (Indicated on budget) Da you have inklnd sponsors far the event: yeses no (if3dieated ou budget} C;lpucumenis uad Settingstt,tsflbesktoplSpeataf wont panistt Apptieatiun F1PiAL 9,5,47,dap Sexving or selling alcahalic beverages: yes na,~.,. (.1f yes, copy of llcertse rrrrrl alcoltal 11rrLillty lrtsrrr'rr~rce a°egrrlred tivu {2) rs~eeks priot• to event) Rvent Cert%~tGate of irtsnrance attached: yes,_~,~ no (l~erfrtlred tiva {2) ivee'Irs prlar' to everrf rrrnrrtng the City rrs arlrliilaral irrsurerl, also rer~rrli'erl for vejrdors) Playing of alnpll~ied tttusic: yes___~_.^ Ito (lYrrit~cr' E'elrrlrcrl) Wlll tltexe lsa eft#er#ainnient; yes~~ na (13•~yes, attached list of 1<'erfarttters altdlat• D3's) Tfyes, sponsor agrees all cntertaimnent will lte fatally at°iented aUd Ggltialtl flp OIISCG'Ilit10S; yes ~,_-- - no Requesting Police assistance; yes,____~ tto (trttfGc contrallsecttrityj Will sttp~l$Ittettt with private security: yes~~._; no~~_ (If yes; rlearl prrrr9 trttrrallerl) Ttequestil3g ~tttexgettcy Medical asslstattee: yes nn~ Rcquestittg barricade assistance: yea ,J 1 na (lf Ito, lta~vare yatt handling?} T Reclttesting trash t'etnoval/clean ttp assistance: yes~~ no (Wifl be billed to spattsat•) Requestlttg #raslt boxes/containers and filters; yes_ no Requesting stage usa: yes Ita,,_.. (.1f yes, check type) I,at'ga st;-ge (14' x 36'} ^ StnaIl stage (1G' x ~~'} ^ half stuall stage (8' x 21') 37 Requesting signage: yes-- - - - - na - T,ypia; ~l'xq~'Rvextt sl tt Par3cing Signs I3attt-et• ltttrtgltt ~nilses[tc dates t•egt#!t'Cit,_ _ (TI'nlver rer~rrirerl rf rrral'e flrarr orre (1) tl3eek prlar' to et~errt) `~,,,,.* 1 ~. Rc uestin Git namable Generator; yes y ttt-o `,~ g g Y (lf yes, slxe & power) 1~aod attd beverage veltdors: Tf yes, apltt'oxlznstte ttutnber (Heal#lt Department a}tp-•oval recttlil'ed) yes na yes, _ , I1°._... - - L:loocnments and SeHingsit.isl117esktopl8pee€al Sven[ Pennit App13tANan t<INAL 9.5.47,doc other vendors; (Indicate type} 3°eS rla~, Tents: yes• no If yes, ~3'nf~ rJZatJy ~i/larat s#ae ar• size re~ra#rerl (.tf yes, ferrf per•rrtits nratl~J~e t'raspect#ons many be raeerletl} Will the eveuk htcficie antusetnettt rides; yes na_~ (If yes, t~ pe arrar# lacratiara ntttl copy of 1{tab#Itty ltrsaar•ars ~e J•arlaairetl, talsu a•e~atirc~s slaEe license nrul #rJSpeef#ora.) 1~1il1 the event be gated: ~.5•~ap1P Oat-Siff rJaRj3~ Will there be a clt~trge far the event, (If yes, #rtdicnfe trelret~~a•lcea} yes no~_ yes Ito Will there be ~re~voeks or outer pyrotechatias; yes no /~ (Xf yes, caratnet Fire 111trrslatd fo obtnira ttrarl carrrirlefe peafra#t trpplr`cral#nrr} Will there be cooking with compressed gas: yes no {~f yes, curatttcf F#r•e Mmslrttl fpr' #rJS~ectiorts) Will you be providing pot•t~a-lets for the event: yes no (If yes, J'ocate ntr-s#fe rtrttp. 1f raA, #rrt##cttte ltosv ynu it~il71'inrst#le restt•aam rteerls) Is reserved parking requested: yes tta (Iftres, iraalicale loctafivaJS trrad prrJpnve far arse) Event Permit Att$chmen ts; Iz_evenuelE~pense Budget ReventJelFxpe-tse Icecap Last Years Event Site Platt Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Cottsumptiort Alcohol Beverages. Praof of 7~Tan-Profit Status C3anera! Liability Insu-•unce Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreet7tent or Anthorizatian Letter frartt Private Property Ctvne~• Hold Hat•tntess Agreement Submittal bate Requireatents: Minor I/vertt 4S days prior to event • Inkerntediate Event 9t7 days prior to event • Major Event I2tf daysprlor to event • Nelgltborltaod Bloalc Party 3Q days prier #o event C:11}oepmenls and SettingslLisilDasl;to~lSpcetpl L~~eut Permit ApptiCt+tian FINAL 9.6.t77.doc ~~ ~~ l~nte Please anolose the appiapriate non-refundable application fee payable to the Clty of Delray Beach, 10~ N,W, l~` Avenue, Delray Beach, Florida 334~1~1. Required ~vitl~ per-nit applicatlof~, For staff ~rs~ ozr~j / Date Received ~l~Y /~ Applicatloit fee received $ /~~ ~ F~~ ~'~'+tA ~ ~ ~ ""~',~,.,a'~ ,r. tr ~~~T"~'~ ~ ,~ + ~~,,._ 1. { '~i:Y.e ~.~ ~ E~..~ H1 +~ ~ k t Y kt t P ~ 'R^ l '#M ~i'St ! 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'~~r f '~ !~ ~ ~ ~~~ '[ ~ti' ~, ~ i '-~. ;H ~ '~ ~y ~~ t ~ pit ~3j; ~` ~~~~ },~,,p ~ sir ~~~. Cdr. '~ ~~' '{'' ~~. ~ ~ ~ ~~~~ j~ ~t ~~ ~If, ~. r ~"~" 1 ;,~ ~.; ~: +~'~~''~ a~ a . ,tea: ;~'ir ~~~~ f ~~ ~~ ~y °~.~ aowntnwn Maiicedng Cooperative Proposed 2010 Budget 2010 Proposed 2fl0913i[dlget__ r 2x49 AChtal ..._ „ Budgek _ Income Admtriistratian ieTi Ca-ordlnai~ng Fee Sponsorship 412D 352,OOD.OD 347,03.3.64 352,OQO.DO CRA 4[I,OD0.00 Mlseellaneous Income 4203 0.06 x180.06 0.00 Adlvlties & EVentS Income 4940 43A0 361.73 4?.00 Totai Admir-istratton $a2.4tl4.44 355,555.37 3521004.00 Pineapple Gtave & West Atiantia 680 Howard Nlen 4115 0.00 3,OOD.40 4.00 gent 5pdnsor Rev 9G41 23,550.OD i. '1,500,00 x.3.550.00 7ata1 Pineapple Grove ~. W6st Atlantic 23,li50.00 20,504.00 ?.3,550.04 Arti3~Jaxxorrth~Avenua 882 Catttingt 200gq CR-# went Sponsor Rev 4561 109,100,40 95,100,00 75,100.OD Ren'fave 12,04D,04 GFiL~ Total Art 9c3azr on the Avenue 108,><Oq.00 95,3,OO.bD 7'S,1Q4,U0 July Fourth ;Velobratinrrs 885 itemove, Event Sponsor Rev 4G41 65,206.04 7fi,2Dx.00 7D,000.00 City 19,DOO,OD tither income - Events 4b24 500.04 006 . $OD,06 , t!:orr1109;_ 1,_ 0~ 04,b0 M,Hemr Total July i:aurEit Celebrakions 85,704,00 7"8,2041.041 70,500.40 pecernbar Holidays & First Night 888 Santa BreatcFast 4350 0,06 4,7'90.00 4,04 Santa phobn5 4355 0.00 6,45D.00 O,DO First Night Buttons 4360 4.00.' 19,32(}.00. 0,00: Qfikce pepat FaundaHon Bear 4865 0.04 1,2x4.64 4.40 bonatlanS Received x501 x0,000.60 1x,456.54 24,000.00, 4':adillac 7,440.44 Event Sponsor Rev 9801 x40,000.00 160,10D.0D 140,400,40 ;sprint 2,506,00 Mendlandlsa Sales 4fiD6 0.00 12,65x.25 0,44 Other Incomo - kvent5 44;Z0 213,500.00 2.36 28,560.44 7otai pecambar tiviidays & t'4rsk Night i,g8,G40.tl0 223,00x,39 18$,50[1.04 CQner$i Protngkione~ -1'fNtC 869 Event5ponsorRev 4601 4,40 4,000,66 4,0441.40 Other income -Events 4620 4.460.00 550.04 „Q44 'total 43eneral Pra4notioins - pN1C 4;,Ogq.Ob 4,5x4,00 A,000.00 T4kal3tnceme 7'4:2,850,04 7'x6,9115,78' 713,850.00 : Expsns4s Adnt4nlstrutl4n 101 Salaries 5001 255,230.DD 252,10x.54 268,641,60 Payraii'ihxes 5301. 23,010.00 1x,998.94 20,551,00 Unemployment Insur2+noa 5i0S 6.06 280.30 300.40 Health Jnsurance 5111 25,5641.00 24,057,26 30,485.00 Redrement Wad 5115 21,765A0 2?,719.15 28,864.00.- Meetings/Cnni~erences 57.x1 7,640,46 4,652.49 7,540.430 Audit Expenses 5ZD1 2,850.00 3,550.46 3,550.OD Dues ~ Subsaipdons 5245 552.06 1,296.10 1,340,44 Web Sponsorship ~ 5216 0.06 G20.00 624.06 Maknteln gHice 4'_qulp 5231 6.00 95.86 100,00 Banking Fees 5224 314.40 (,322.x5 S,10D.04 Merchant Account Fes 5225 0.06 914.86 1,040.00 O40ce Supplies 5231 0.40 1,71fi.60 1,764.46 C.amputer Supplies/Matnt~enanca 5232 754.04 357.41 75D.DD ~ Prknting ~ Stadanary 5241 3,295.00 2,344,51 2,540.00 DaEa: - - ~t powntiawn Marketing Gnaperatlva proposed 2010 Budget 211k0 Prvgased 20D9 aqd et 2ct09 Actual .._ Budget . Teiephortes • 5245 3,900.00 ~ • 3,702;00 3,900.06 Tr154iranpa - 5301 4,300.OD 4,652.49 4,6SO.D0 Workers' Cbrapensa0on 5303 0.00 1,111.50 i,200.OD 7anaiorta! & Bldg Matnt 5311 0.00 k5.37 0.00 Misc Admin Etcpen5es 5411 2,019.00 1,529.35 6,4DO,D0 Mtsc 2000 f~penses 6999 0.00 (4,306.44) D.00 Awards & itecogniGons - Euenis 6105 0.00 42.00 D>00 Conq~ctServlGes 6110 0,00 _ 3,565.10 3,0!5.00 equipment Rental / rasa 6125 0.00 3,141.91 3,200.00 Miscellaneous h~spenses - events 8141 0.00 3,977,26 O:OD Supplies Purchased ° 5vents 8171 0.00 3,281.34 3,300.OD Travel, Meals & Meetings - >;vents 6175 , 4~. •0 977.71 1,000.0[! 7otat Adminlstxak~an 353.,~8Q.00 35B,Ag5.96 X93,366,40 t+ineapple s3rnvQ ~ Ys[ast At[antio D60 MeetingsJConferencea 5X21 0.40 18.82 0.00 Ofrice Supplies 5231 0.00 13.01 0.00 Pcxstage 6235 0,00 13.81 0.00 Ads, Marketing $t Signage - >EVenks 6161 0.00 1,544.27 1,000.00 Awards ~ ItepoOnldons - t:42nts 8k05 1,OOD.00 800,00 800.00 ContraCkServlces 6110 17,55D.00 4,396.50 12,500.00 Design &'TypeseWng - dents 8115 2,OOO,DO 175.73 Z,S44.00 Miscellaneous 8xperises - E+rents fi14i 0.00 16.50 O.OD Photography & Film Expenses - ~+ents 6145 0.00 59.13 0.00 Prlntlng h~enses ° Events 615! 3,440.04 1!193.77 2,000,00 Supplies purchased • Events 6171 O.OiI 685,99 1,40D.00 7ravei, Meala & Meetings • dents 6175 0,__._00 19.17 204.00 Total pineapple tlrove 6-ufest Atlantic 23,55!!.00 $r936.7fl 20,ODp.00 Art 8'i 3axar on #hr~ Avenuo 862 MeeOngs/Canferences Si2i 0.00 300.18 0.00 gent Fees 5207 O.OD 300,00 O.i)D Web sponsorship Exp 5216 0.00 165.40 0.40 pfflce Suppl[es 5231 0.00 55.7fi 0.00 PubBdty & Public Relations 5621 0,00 750.00 0.00 Ads, MarkeEing B< Slgnaga - >;Vents 6101 4,500.00 550,06 3,400.OD Contract Services 6110 72,60D.40 54,516,83 92,D00.04 i3esign &'lYpesetting - invents 61k5 10,000.00 11,379.55 ~ 1x,000.00 Equipment Renter! J Lease 6125 18,000.00 i6,66D.45 15,000.00 Venue Expense 5131 0.00 532.54 0.00 Miscellaneous 1=kpenses • Event 6141 O.OD 300,46 0,00 Photography & Film Ea~enses-gents 6145 2,000.00 O.OD 2,040.00 supplies Purchased - Events 61'11 500.00 1,024.50 300.40 "lYavel, Meals & Meetngs -Events 6175 100.OD 4^00 100.00 'fa#al Art 8c 3nxx an khe Avenue 107,74D.D0 86,539,77' 73,200Al3 Duty Paunch GeCehratiaas BB5 Contract Services 5110 6fi,OD0,00 48,640.52 62,k.OD.00 Design >~'rypesetting -Events G11S 1,500.00 2,4$7.42 2,000.00 Egvip[nent Rental J l.easa 6125 540.00 24,S4S.23 564,00 Supplies Purchased -Events 6171 1,000,00 999.81 500.00 Travel, Meals & M~etlngs -Events 6175 1,gQ0.0.4 329.zi 500.00 Tote! yuly Fourl;h CateGratione 2'O,UOO.Ot! 70,052.AE1 65,840.Q0 IData: ' ~ I]ecember Holidays & FIrSfi Night Meetlngs/Conferences Postage Telephones Safes Tax menses Misceilaneous i=oonomlc Marketing 4xps First iVtght - Cfly Relmtursable 1st Nlte 33utfian5 • said • Cnnslgnment 1(tem - sold Ads, Market[ng & slgnaga - dents Awards & ReCOgnitlons -Events Contract 5etvices f]esign &'typesetdng -Events Equipment Rental / taase Misoelfaneous Fxper~ses - k`~renCs Photography & Film gq~enses -Events Safes ~cpenses - Merd~andlse Suppiles Purchased - invents Travei, Meals & Meetings -Events Sponsorship Facpense Total ~ecembor Holidays & F#rst Night Hpward Alien Sponsorship Miscellaneous ~cpenses -Events 1`otat Havrard Allon 3ponsorshlp C~anaeal Prontotians - DMC Dues & subscNptians Event Fees Activltfes & i:Yents Ekpense Ads, Marketing & Slgnaga -Events Contracfi services Design & Typesetting - Even Equipment Rental /Lease Mlsoellanevus Expenses -Events photography & Film Expenses -[;vents prlnfang E~cpenses-Events stippii8s purdtased - f3vents Travel, Meals 8: Meetings » E7rents Takat t3eneral IPramatEons - DMC '1•otaf r;xpensas Excess of income aver 1=acpeditUres Downtown Nfarkelfng Cooperative Proposed 2014 0udget 2010 >srgpOSed m 2D09 sudgaC__ 2008 Ac~rat IDudget__-- 888 5121 4.00 98.50 OA4 5235 4.48 10.76. OA0 5245 740.40 0,00 0,00 5922 0.04 532,04 0,00 5731 4.OD 6,939.50 0,00. 60DD O.DO 500.00 O.OD 6005 0.00 1x,599.25 '"' 4.00 6010 0.44 1,284.DD D.ao 6101 8,500,OD 2,50D.OD 3,OD4.D4 6105 2,500.00 1,064,47 2,50D.p0 6114 85,440,D0 79,819.00 85,940,D0 6115 6,500.D4 12,662.6Q 6,S40.D0 8125 7',040,44 n,b8fl.:i9 '7,000,00 (1141 D.00 4,475.01 0,40 6145 54D.D4 150,OD 5DOA0 661 0.00 ~ 45fl.D0 0.00 $171 25,ODO,OD 24,544,71 2,500.D0 6175 7,504.00 3,232.19 7,500.00 6190 30,DDO,OD 30,DOO.Op 3D00 1731800.#10 199,~l4S.30 144,900.00 To Come 7,500.44 6,11C $$$ 6141 4,OD4.OD 9_, 4~,O,UO O.DD +1,400.00 9,400.00 0.40- 889 5245 0.4D 1SD.00 D.00 5207 a.4D 450.00 D.D4 5904 0.40 3,010~D0 O.DO 6101 4.D0 (17x,25) D.DO 6114 0,D0 2,237,82 6,OOO.DO 6115 4.00 1,192,A0 504,00 s12S 4.44 3,833.80 0A0 6141 4.40 540,D0 504,00 61x5 0.04 350.00 0.04 6151 0,00 (343.96 50D.40 6171 0,40 737.93 7,500,OD 6175 4,OD 128,94 0.00 0,x,,,80 .],3.264.55 X5,000.40 731.,430.00 7l'a0 7'#,2,0$8.00 _ 11,520.00 93,218.26 1,Sr34.40 Eats; ~ ~ ~ Pa{p: - 01/'~4~2t3~0 2~; 46 ~'AX b81 278 065 D~T~tlt.Y B~ACfi ,~~ G~'RTIF(GAT`~ O'F ~.1A~3~L1'TY IiV~UR~~C~ `~[e+ Y1.astxidg~ Ag'e>zcy, iRd• 82D k1,~. 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LO Tk0 Fe Lk~ 1 ~](C4uf1dN9 AoOE'ri BV Ett46fi~~ ~ ie~ k7lgh~s , 1 ~~,ra~,appla 3pe+a~.Ft3. 1,`~u£A~~ ~ 6 .'A.'C~ & ~`a22 ~n~tis• A~s(ra'1; flea 'i'~lhe, ~. 4L'r4~ t~zaYf6 Bed li~d~, ~. Hirsh ~T:lgklt, I.d,ghtitxg. ]ICt~.des' is .A~~~-anal. InaT3red wit3a ~'~g~e~t ha a8neral T,~.3~~1,~. ~C cANct~I.LATtoN CEKT(FIGA7~ HOL.bl:t2 st(vu-D ~€yY a>:'[x~ AadV& P>"$cwalnv oouc(~ a~ cANLII.LEP aaFOxr: tN~ ~cf ~Rn'noN nAT2 TMk~' APB l[~ ~~Ka iNSV€tER WA~L ~tD2AY0RT618A1. .~Q DAY$ ~~P4 cx'~m-x N°7~$ TO 1'Fstf CEFSF[FlO1.T~ ttalnP.R NA7.lW tND U 6 'SHE €;! fttdi, ClA Cf#YS OR L j utpD9~ H6 d8L€PATIak OR L1ABY.4~' F ANY C~,ty n~ DaX.x~a~ $gach Aki3Fi9R123~SitY~taenin+•.•+ x-Q A ~ . W . x..;31; jy+S1'~Y111H _ w A >~~oRp ze Szvus~ai} The ACtSRp Hama ~r,d toga aTrr ragtsteted marks vt ACORb ~e SP~CLIL 1r~hlT HQLD HAR1V.lL~SS ~1.GRCI;I1~l~1VT The Delray Beach Dowrttosvn Matitetitag Cooperative of Delray Beach, Inc. (comprised of the CornmtZnity Redevelopment Agency, Downtawra Aeveloptxtezat Autho>.•lty, Chamber of Commerce and the City of Delray Beach} agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from ~ all suits, aotions and ~ claims i~acluding attorney's Fees and costs attendant to any claitaa, liiigatioty, administrative proeeedi~zg, appeal and judgment of every name and description brought against the City as~a result of loss, damage ax injury to person ax property arising from and in exchange for the I?eiray Beach Downtown Marketing Cooperative use of City l?acilities ar prapexty £ar #hc special event o£ * ,~/~~' L~ ,~2.2. ao~ TI~~ #~~.~Uc° and hereby releases the City of Delray Beach, its agents aid employees from all suits, aciians atad claims including attorney's fees and costs attertdant to any clatter, litigation, administrative p~•oceedings, appeal and judgment of every Warne and description brougl't against tlae Gity as a result of lass, damage or injut`y to person or property arising from the special aveatt of * This Indemnification at~d 1cIold Hartialess and Defend Agreement is only to tl~e extent of instarance rnais~tained by tl'<e Delray Beach Dowtatawn Marketing Cooperative as covered wader ~~ Insurance Company policy zaum:ber ~~ ~~ Q' $ pr~~ ~ ~lV ~~ ~'~ ~-'~'` Development Aufharity d-~"i Agency Chamber Robert A, ~ ~J nski, Assistant City Managez, Clty of Delray Beach Revised 5l251i0 De~irixj~ l3encl- n ~~~ --#t-.r-- A~ a--l:eW-g Gcru~er~#ive * ~~ty ©i't)elra~~ fie-tel~ s Cat~ui~u~3it~~ ELede>>elopntettl Ag*~c~~ • Dc~~ti~uorvn ~~~~eiopn~cnt Authat'it)~ + t;-~ater ~~lra)~ 13eitcl- Chan-l~er cif Gt7m~narrs is=~ A SE S'~' A.~enu~, netrn}r C3encl~, TL 33A~3 . '~`e1.56 t_279_]3St7, ext l 6 f Fay: 561.'??$.{15~~ ~~~v~~~_L~i~~3~nt[~n^nDeita~~i3~ae13.uant Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AYCP, Director of Planning and Zoning THROUGH: C[ty Manager DATE: June 10, 2010 SUBJECT: AGENDA ITEM 8.P. -REGULAR COMMISSION MEETING OF JI]NE 15 2010. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which vciere taken by various Boards during the period of Tune 1, 2410 through June 15, 2010. BACKGROUND This is the method of informing the City Commission of the land use actions taken 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 OTHERS Site Plan Review and Appearance Board Meeting of June 9, 2010 A. Approved (4 to 0, Shane Ames, Scott Porten and Jerry Sanzone absent), a Class I site plan modification request associated with the installation of an awning far the Legacy, an existing commercial building located on the south side of East Atlantic Avenue, between SE 3rd Avenue and SE 4th Avenue (326 East Atlantic Avenue). B. Approved with conditions {4 to 0}, a Class Il site plan modification associated with architectural, http://miweb001/AgendasBluesheet.aspx?ItemID=3406&MeetinglD=262 6/11/2010 Page 2 of 2 landscape and hadscape changes for Behar Plaza, an existing commercial building located on the west side of South Federal Highway, south of Linton Boulevard (1900 South Federal Highway). C. Approved with conditions (4 to 0), a Class II site plan modification associated with the relocation of a handicap accessible parking space, installation of a new canopy and replacing windows for Atlantic Ocean Club, located at the northwest corner of East Atlantic Avenue and the FEC Railroad (217 East Atlantic Avenue). D. Approved with conditions (4 to 0} a twenty-four (24) month extension (expiring May 14, 2010) for the Class V site plan approval associated with the construction of a 22-unit residential development far 135,145 &169 SE 6th Avenue Townhomes, located on the east side of SE 6th Avenue south of SE 1st Street. E. Approved with conditions (4 to 0), a Class III site plan modification associated with the construction of a 2,321 sq. ft. building addition and reconfiguration of the parking area for The Bays Farmers Market, located on the east side of Military Trail, south of Lake Ida Road (1437$ Military Trail). Historic Preservation Board Meetin of June 2 2010 1. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness and a Class II site plan modification associated with the expansion of an existing parking lot and site improvements for the property located at 170-182 NW 5th Avenue. 2. Approved with conditions (7 to 0), a Certificate of Appropriateness and a Class I site plan modification associated with exterior alterations on a contributing building, located at 44 East Atlantic Avenue. 3. Approved with conditions (6 to 0, Roger Cope stepped dawn}, a Certificate of Appropriateness associated with the construction of a new accessory building containing a guest cottage for The Hartman House, located at 302 NE 7th Avenue. Concurrently, the Board recommended to the City Commission approval of a waiver to LDR Section 4.4.3(H)(2) to allow the floor area of the accessory structure to exceed the maximum allowed 40% of the floor area of the principal structure (61 proposed). Also, the Board approved a variance request to LDR Section 4.3.3{Q), to allow the guest cottage to exceed the maximum allowable square footage of 700 square feet (1,120 square feet proposed). No -other appealable items were considered by the Historic Preservation Board. The following item which was considered by the Board will be forwarded to the City Commission for action: 4. The Board reviewed the designation report for consideration of an individual listing on the Local Register of Historic Places far The Harvel House (presently located at 36 SE 1st Avenue), to be relocated to 186 NW 5th Avenue. The Board on a 7 to 0 vote, set the date for the required public hearing associated with the proposed historic designation for the Historic Preservation Board meeting of June 16, 2010. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map http:I/miweb0011Agendas/Bluesheet.aspx?ItemID=3406&MeetingID=262 6/11/2010 ;,r~°` ~'~,, CITY COMMISSION MEETING -~~_~_~~~ 3 ~,~,, _~_~_~_ ~ JUNE ~5. 201 -~ ~~,: x~-- ~~~ ~-~ ~~ ~LAtJI~ING Aht© ZONING ~ , ~~[~ ~ ~~~ LOCATiCIN MAP ~,r~;,, ~, ,:~~,;~, ~ ~~P,~n,~~r SPRAL: HP6: A. ! EGACY F. THE BOY`S FARMERS P~7ARKET ?. 170.1~~ NW 5T~-f AVENUE 6. BEHAR PLAZA 2. ~1~ BAST ,gTLAf~ITIC At%El~JUE L. ATLANTIC OC~AIV CLUB 3. 3c7~ N~ 7TN AVENUE, THE HARTIi.-?AN HOUSE D. 1.35, 1~5, & 169 SE 6TH AVENUE TOWNHOl~9ES -- DIGITAL 8.4.5E MAP SYSTEM -- NEAP REF: S:\Pfanning &Zoning\DBMS\Fi3e-Cab\CC-DOC\6-15-10 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director THROUGH: David T. Harden, City Manager DATE: June $, 2010 SUBJECT: AGENDA ITEM $.Q.1 -REGULAR COMMISSION MEETING OF JIJNE_ 15, 2010 BID AWARDIFARMER & IRWIN CORPORATION ITEM BEFORE COMMISSION City Commission is requested to approve bid award in the estimated annual amount of $22,300.00 to Farmer & Irwin Corporation, the lowest responsive bidder for the annual contract for plumbing services and repairs for City buildings. BACKGROUND Bids were received and publicly opened from three (3) vendors on May 19, 2010, all in accordance with City Purchasing policies and procedures. Documentation is on file in the Purchasing Office. Farmer & Irwin Corporation Superior Plumbing Contractors, Inc. Service America Enterprise, Inc. $ 22,300.00 $ 24,540.60 $ 25,156.00 FUNDING SOURCE Funding from various department's operating budgets. RECOMMENDATION Staff recommends bid award #2010-31 to Farmer & Irwin Corporation for the annual contract for Plumbing Services and Repairs based an past performance and experiences with their services for Citybuildings. httpa/miwe6001/Agendas/Bluesheet.aspx?ItemID=3393&MeetinglD=262 6/11/2010 ~ ~ U ~ r ~ U Cfl MLll~ ~ O ~ ~ ~ p Z ~ o ¢ O ^ZC7~ tip~~ ~ppmZ _ ~ Q U ~ 0 N T m ~~ ~ ~Q o~ 0 ~a ISM r 00 00 00 00 0 a a a c~ ca 00 0o uzo ~o x 0 0 0 c~ a ci r~o ~rio ~ico ~o 0 0 0 o ca z tio ~r0 rOp (DE~ 0 0 0 0 -n -,a V V ~ r ~ (y' ('V Lfl ~ ~ N ~a~, z w ~~ c-ram ~~ ~~ ~ ~ ~ ~ ~ v3 L°n° m° ~° rn0 °0 0 0 0 ~ w ~ c~ ~ ~ oo ti ~ ~ ~ r c~i ~ I~ ~ O o O 0 O o O cs '"~' cs d' ~ O ~ ~ ~ ~, ~ r _ N ~ CD N CO N ~ e- O Z ~ r {{} Cfl N d- N C7 V 0 ~ ~ C L.E ~ L a d ~ ~ N Y.. d ~ Z 0 r°~° °o°. °o°. °n°. ~ o°° °o °o ~ ~ z_ ui° ~ ~ri° ~ O ui° ~ ~si° ~ o ~ o a ~ c~ O Q r ~ ~ N ~ N ~ N `~t r7 ~ ~ ~ ~ ~ ~ ~} E~ ~ o f_ N N N t`" ~' ~ O ~ o N ~ ~ ~ U {~} 6F} 69~ ~} ~ Efl cfy 6F3 tf} 6~! },.", ~ ~ ~ ~ Y ~ ~ E E L~ L] to (~ d o + f ~ ~ '" ~ ,~ ~ E~ ~. ~ L:z, ~ p 0 p o cn r~ cri ~ ~ ~ -.- L U ~ -~ ~ Y ~ SC L Q ° ~_ ~ A ~ ~ ~ ~ ~ ~ ~ ~ ~ W ~ ~ li O ~ L ~ ~ L ~ L ~ S ~ ~' ~ X X tir ~ ti~ N ~ ~ L m A Q ~~ ~ LT} Q @ t4 R1 ~ C V? ¢ ~ ~ L _ ~ N ~ _ ~ +A ~ ~ ~ O O .~ .L ~ ~. Q} ~ .J. L L _ O ~~/ _ Y- ~ ~ ~ ~ C ~ W ~ ~ ~ y~~ L ~ ~ ~y I LTrw ~ C . ' ~ ~ Cfl ~_ N ++ ~ ++ ~ c7 c'~i ( ' ~ O ~ y N e / 1 ~ Q~ v L L (V N O ~ ~ ~ N L ~ O ~ ~1 d ~ ~ f-^' ~ ~ fL6 [4 G ~ 7 ~ V ' E J M ~ L ~. ~ ca L ~- c~ ~' L L ~ ra L ~ c~ W ~ ~, ~, " -~- ec i~ °' °~ ~! ~ p a~ ~ a m aL rn ~ o N ~~ g ~ aL U.: m ~ ~~ ~ ~ ~ ~ ._... -~ -~ L ~ ~ ~ ~~ a~ ~~ ~~ ~ ~~ ~ ~`~ a~ ~ asE ~ a o z z ~ ¢ a. a¢ Q ~ t- ~ r N M ~ aj t[! CQ Qj d m ~ ~t~b8nson, Am From: Gilbert, Clayton $ent: Monday, dune {#7, 2{}10 ~! 1:d5 Al~ll To; Rotainsan, Amy Cc: sci,mit.~, James Building Maintenance recommends awarding Farmer and Erwin the annual plumbing contract; they are t#te lowest responsive bidder, Farmer and Irwin has had this contract before and their levei of service and perfarmance has been excellerrC. $id t~p~~~n~: (t~~y ~~, ~~`1CJ ~I'~Y C)F ~ELI~~,Y BEACE-1 '~~:Q~A,1~1. gfD ld[~. 290-~'~ PLI~MBfN~ ANQ F:E~i~iRS Al~l~UAL CC~h1TRAiv~' ~~I~ME€t l~ [I~lititlh ~~em ~~acrip~~~n__ G~I~Pt?l~t~.al{~l~i __ ... ~~31~ a.~e ~ ~:~Q ~.n~.~ ~n~a ~ Fl~ic#a~ . ~ t~~m~~lr ~~~~>~~~~1~~ ~~t~.~e per h~~r~ $ ~ ~,. ~R~~r~ per ~:~~ e~~. COQ hr's. ~13,0~~ ~. ~fum~er ~~~rr~n~~~ ~Ra°~e ~~r h©ur~ ~~~ ~5 ~Ra1;e per dear est. ~ ~~ ktes,~ ~~ a7 ~~ B. ~I~ef ~4~P"S t~V@rl~inl4~Et'~"1GC~~nC~ ~alt;~ - ~. Rl~~~l~i~ Ja~rr~~yrnara ~~a~~ ~~r ~ic~ur~ .. ~ ~~ Rate ~r r~~~ ~~~e ~ °~~ hrs,~ ~~St ~. ~'~umk~er ~-kpprerlfi~~ ~f~at+~ ~a~r h~>~~~ ~~, ~Ra~e er ~~ar ~s~ ~ 4 hr~.~ 22t ~; ~ercent~ge mairk-~~ ~t~~l~ ^ A~rlt~~€l~~ ,per ear ~~f. ~,t~QC] x r~ar~c-alp ~~~ $ ~,2~~, /~maul~t per year ~~~. a 2,~{3Q x !nark-~~ °~~ ~ 4QD. ~~ .Total annu m c~;~t far m~ter~als(~~~OQO + rr~~srk~up ~ ~,24~. m r 1 Page 1 of 2 ~~rox~vnUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmetal Services Department THROUGH: David Harden; City Manager DATE: June 2, 2010 SUBJECT: AGENDA ITEM 8.0.2 -REGULAR COMMISSION MEETING OF JUNE 15, 2010 CONTRACT AWARDBUDGET GATE SYSTEMS ITEM BEFORE COMMISSION Approve a contract award to Budget Gate Systems, Inc. in the amount of $22,406.00 for upgrading the fencing along the north perimeter of the Environmental Services Department (ESD) Compound. BACKGROUND Over the past few years, the ESD Compound has been exposed to several episodes of unauthorized entry and vandalism. The events include damages to several vehicles, multiple incidents with garbage cans set on fire, and even an attempted suicide from the elevated water tower. In reviewing these incidents, we found them to be isolated to the northern part of the compound, in the vicinity of Public Works Administration and Water & Sewer Network Division. These incidents have also caused staff to re-evaluate its security measures for the compound. Staff concluded that one area of concern, the northern perimeter fencing (between the Drug Abuse Foundation and ESD}, is in need of upgrading. Specifically, replacing the existing 6' high chain fencing, which in some places has partially collapsed, with 8' high black vinyl coated chain link fencing similar to the fencing along the eastern side of the compound installed with the administration building project. Staff solicited quotes for this scope of work through a formal process, receiving three quotes as follows; Budget Gate Systems, Inc. in the amount of $22,405.00, Tropic Fence, Inc. at $25,337.95, and Martin Fence Co. in the amount of $26,644.20. Budget Gate Systems is the apparent low bidder. The scope of work includes mobilization, removal and disposal of the existing fencing, and installation of approximately 9601ineal feet of chain link fencing. Staff recommends award Budget Gate Systems, Inc. for this project. FUNDING SOURCE Funding is available from account #442-5178-536-46.90, Water and Sewer Renewal & Replacement http://miweb001/AgendasBluesheet.aspx?ItemID=3377&MeetingID-262 6/11/2010 Page 2 of 2 Fund: Other Repair-Maintenance Costs in the total amount of $22,406.00, after a budget transfer. RECOMMENDATION Staff recommends award to Budget Gate Systems, Inc, in the amount of $22,406.00 for the ESD Compound Perimeter Fencing Replacement and Upgrade project. http:/Imiweb001/Agendas/Bluesheet:aspx~ItemID=3377&MeetingID=262 6/11/2010 ~~ ~ U ~ ~~~ ~ ~~~~ : . . .... l~Ll O O Y ~ ~ ^ ^ a z E i ~ `~' e .o Q O ~ ~ © ` O~ n 7 ~n '~~Q~ PROJECT ~o~c"anON3 E~ I~ ~' u~~ ~ ~~ . ~~ - - - -- - - CITY of DELRAY BEACH ESD COMPOUND N. PERIMETER nn~E:ns~oa~2o~n EMIIFiONMENTAL gE€iVICES ~ARTMENT FENCING LOCATION MAP FlLENAME .sae eoursa ewrnaori Avs3a,se, os.wsr ~ ssee~s zos o-~ ~ ~ 1 of 1 ^~^ i.~ .~ C L as a ~nr Z C 0 r~ V N W N h T 0 ti 0 r~ N Z `a m LL€ ~O O N d N ~ ~ ~ h ~ d' L' ~ LCj ~ U ~ s~ N ~ U_ ~ ~ d? , ~. `C ~ ~. ~ o ~ N m e» ~ ~ ~ ~ p ao °o °a rn °o ~ U d ~ N ~ d ~ d rn ~ V ~ ~ [7 ~ ~ J ~ (f} .... ~ Q (V ~} U.. C N U H U p CO 0 ~ ~ ~ h-- . ~ ~ v ~ a ~. O ~O O O O U O ~ Q CD O e ~ o ~ 69 O - ~ _- ~ ¢ ~ ~ N .v?. O- ~} T.;. ~. '~` ~. U p N ~. ~ iY 4 N C17 11 6f3 ~ ~1 ~ ~ co ~ ~ ~ ~_ Z ~ J J J bt1 CA ~ G p ~-+ . w A C1 w O :~ .~ ~ 3 ' E d .~ ° a ` .~ Lll ~ q e4 ~ ~ ~ ~ cr1 ~ ~ a w 3 ~] a i ~ T ~ 4 q ~ b ~ O a ~ :~+ U ' s O N ~ ~ FS R ~ ~ ~ o o ~ ~ ~ ~ E ~ 11.1 a p o 0 0 0 ~ Z r N M C1' fl N ID a 0 m ro a 01 C ~U C N LL a~ E ci L ~ 'C o O Y Z N ~ Z ~ . LLJ d INVITATION TO t~UOTE CITY Ole C~~LRAY ~~ACH PURGHASING OFFIGE 1DD NW 1=lR5TAVENUE DELRAY i3EACH, FLDRIDA 33444 (561) 243-7163 QUOTE No. 1978 DATE: Mav 5.2fl1fl ESD Compound North Perimeter Fencing Upgrades 434 Snuih Swinton Avenue Delray i3each. Florida 33444 Seated Proposals will be received by tits office of the Purchasing Officer, City Hall, 100 NV1! 1~ Avenue Delray Beach, Fi4rida 33444 until Frtday. Mav 28~", 20't0 at 2,OOpm, ai which tirTEe #hey will be publicly opened and read aloud. WVITATION TO QUOTE This Invitation io Quote, General Conditions, instructions td Bidders, Special Conditions, Specifications, Addenda andlor any pertinent document fnrrtt a part ofi this quote and by reference are made a part thereof. PURPDSE: It is the purpose and intent of this Invitation io secure quotes for item(s) andlor services as fisted herein for the City of Defray Beach, Florida, hereinafter called the GITY. iVlAhfDATORY PRE-Qt10TE: A mandatory pre-quote conference has been scheduled for FridaV• iltlaY 14th, 2010 at 10:30 am, at the prdjeck site, ideated at 434 South Swinton Avenue, Deiray Beach, Florida, 33444, E5D Administratian Buiiding. Ali interested bidders are required to attend and be prepared io ask questions. SEALED QUOTES: Seated quotes wiii be received in the Purchasing Office uMii the date and time as indicated above. Quotes wiii be opened publicly in Ciiy Haii and ail bidders and general pubiic are Invited and encouraged to attend. All quotes shall be submitted in seated envelopes, mailed ar delivered to the City of Delray Beach, Purchasing Office, i DO 1Jarthwest First Avenue, Deiray Beach, Florida 33444. Outside of envelope shaft plainly identify quote by: QUOTE NUMBER, TITLE, AND [SATE OF QUOTE OPENING, It is the sole responsibility of the bidder to ensure chat his or her quote reaches the Purchasing Office an or before the closing date and hour as shown above. RETkJRhi ONE COPY OF ALL QUOTE SHEETS. Any failure an khe part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. GITY'S AGCEP7AIVGE: Unless otherwise speeifed herein, the bidder wiii allow a minimum of sixty (60) days from the fast date for receiving of quotes for acceptance of its quote by the City Manager andlvr City Commission. AWARD: The City raservds tho right #o waive minor variations io specifications, informalities, Irreguiariiies and technicalities in any quotes, to reject any and ail quotes in whole or in part with ESp Contponnd I~4rth i'erimeEer Fencing Lrpgeades QuoEe # l97b or wltfiout cause andlor t4 accept quotes that In its judgment wit! be for the best interest of the City, as further slated in Paragraph 'lti of General Conditions. C1rHERAL COIVDlTIOHS, INSTRUCTIONS AIVt~ INFORMATION FOR QUOTEDERS 'l. SU13MlSSlON ANp RECEIPT OF QUOTES: a) Quotes, fo receive consideration, must be received prior to the specified time of opening as designated In the invitation. b) Unless otherwise specified, bidders MUST complete ail questions and price blanks In the spaces provided In this invitation To Quote. I;ailure to do so may cause your quote to be roJecfed. However, you may attach supplemental information. c) Quotes having any erasures or correciians MUST be inlfialed by bidder in ink. Quotes shalE be signed in ink. All prices shall be typewritten or filed in w[th pen and ink. d) Ail quotes MUST be signed with the firm name and by an officer or empioyee raving the autfiarity to bind the company or firm by hislher signature. 2. QUAIVTITt1=S OR USAGE: Whenever a quote is soliciEed seeking a source for a specified time far materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the tots) amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for Tabulation and presenfallon of quote. 3. PRICES: a} Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his quote will be firm for acceptance for a period of slaty (6D) days from the date of opening unless otherwise stated by the City ar bidder, b} Prices sfiauld be stated €n units of goon#ity specified in the bidding specifications. In case of discrepancy in compufng the amount of the quote, the unit prices quoted wiii govern. c) Consideration in awarding quotes for Perm contracts will be given first to bidder offering firm prices subJect to market price reduction and second to bidder offering firm prices for full contract period. If at any t}me during the period of Phis contract, the City of Delray Beach is able to purchase the items andlar services at prices less than our contract price, the successful bidder shall meet ifiese prices and in the event of his faiiure to do so, ttte City of Delray Beach may negotiate for a new contract on the open rrrarket. d) The City reserves the right to purchase items on state contract 'if such Items can be obtained on the same terms, conditions, specifications and in the best interest of fhe City. a} Bidders may offer a cash discount for prompt payment. However, such dlscaunfs will oat be considered in determining the lowest net cost for quote evaluation purposes. Bidders shouid re#IecT any discounts to be considered in the quote evaluafian in the unit prices quote. 4, DELIVERY: a) All items shall be delivered F.D.B. destination, and delivery casts and charges included In the quote price. Failure fa do so may be cause for rejection of qu^Te. b) 'rime wiii be of the essonce for any orders placed as a result of this quote. Purchaser reserves fhe right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on gtaote form. ESD Compound North Perimeter Fencing I7~gtades 2 Quote # I975 5. BRAND NAMES: if and whenever in the specifications 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 or qualtty of material only. Since the City does not wish 1o rote out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is quote, it is the vendor's respansibilily to Hama such product within his quote and to prove to the City that such product is equal to that spec) Pied. B. QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this quote shah) be new. The items quote must be new, the latest model, of the best quality, and highest grade workmanship. 7, SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing ar destroyed, Will upon request within Thirty {3Q~ days of quote award be returned at bidder's expense. 8. ACCEPTANCE: The material delivered under #his proposal shall remain the property of the seller until a physical inspection and actual usage of this material andlor service is made and thereafter accepted to the safisfac#tan af~the City~and must campiy with the terms herein, and be fully in accord with specificatinns and of the highest quality. In the event the material andlor services supplied to the City is found to tae defective or does not conform to specilrcations, the City reserves the right to cancel the order upon written notice to the seller and return product to selier at the seller's expense. 9, DEI=AULT PROVISION; in case of default by the bidder or contractor, the Gity of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 1fl. COPYRIGHTS OR PATENT RIGHTS: Bfdder warrants that there has been nn violation of copyrights or pa#ent rights in manufacturing, producing, ar selling the goads shipped or ordered as a result of this quote, and seller agrees to hold the Clty harmless from any and all liability, loss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANbARDS; a) AI! equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. b} Whenever a quote is sought and services secured far any type of on,site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 12. MANEIFACTURER'S CERTIFICATION: The Cify of Delray t3each reserves the right to request from bidders separate manufacturer cerliFieation o€ all statements made in the proposal. ESD Compannd North Perimeter Fencing Upgrades Quota 1F 1476 13. SIGNEC} QUOTE CONSIDEREQ AN OFFER: This signed quote shall be considered an offer on the part of the bidder or contractor, wfiicfi offer shall be deemed accepted upon approval by the City Manager andlor City Commission of the City of Delray Beach and in case of default ors the part of the bidder or contractor after such acceptance, the City of Deiray Beach may take such action as it deems appropriate including legal action for damages ar specific performance. 14. LIABILITY, INSURANCE, t_ICENSI=SAND PERMITS; a) PI=RAAITS: Wflere bidders are required to perform work on City structure(s) or property as a resutt of quote award, the City will waive the cost for permits. Contractor shad pay for permits for all oilier work. b) LICENSES: I# you are not licensed to perform work in Elie Gity of Delray Beach you MUST obtain an Occupational License before a Notice To Proceed will be issued. c) LIABIt_ITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Raiing no Tess than A-, Vtl or better. If you have any questions regarding the City's Insurance andlor Bond requirements, ptease contact the City's Risk Management Office at {561) 243-7#5t]. See page (s) 15 & 1S for Insurance Requirements. A "sample" certificate has been attached. 15. SPECIFICATIONS: a} Far purposes of evaluation, bidder musk indicate any variances from our specifications andlor conditions, NO MATTER tiOW SLIGHT. If variations are not stated in the proposal, it wits be assumed that the product or service fatly complies with our specifications. b) Any omissions of detail specifications stated herein that woutd render the maferiailservice from use as specified will not relieve the bidder from respansibility- 16. Al~llARD OF CONTRACT: The City of Deiray Beach reserves the right to accept any Quote or combination of Quote alternates which, in the City's judgment will best serve the City's interest, reject any and all Quotes, to waive any and all informafitles andlor irregularities, and to negattafe contract terms wifts the Successful Bidder, and the right to disregard all nonconfornsfng, nonresponsive, unbalanced or canditlonaE Quotes. The City reserves the right to reject any fine or all Quotes, or any part of any Quote, to waive any informalify in any Quote, and to award the purchase in the best interest of the Ciiy. biscrepancies in the multiplication of units of 1Nork and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any coiumrt of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: - The City of 17elray Beach is exempt from any sales tax imposed by the State andlor Federal Government. Exemption certificates certified on request. State Sales Tax Exemption Certificate No. 85-80126215590-4 appears on each purchase order. 18. NiA 19. EXCEPTIONS TO CONDITIONS, 1 TFlRU 1 B (Boiler Plaie) Any time Quote Specifications differ from the General Conditions, Quote Specificaiians and Special Provisions will prevail. 20. RENEWAL: The City Manager may renew the contract, at the same terms, conditions, and prices, far NIA consecutive term(s) of N!A year(s) subject fo vendor acceptance, )rS~ Compound A*orlh Perimeter Fencing Upgrades ~ Quafe# 1976 satisfactory performance and determination that renewal will be in the best interest of the City. 21. 22. 23_ ANTI-COLLUSION: a) Bidder certifies that this quote is made without prior understanding, agreemt3nt, or connection with any corporation, firm or person submitting a quote for tho same materials, services, supplies, or equipment and is in all respects fair and without collusion ar fraud. h) lVo premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor quote list (s). CONFLICT OF 1NTI*RFST:. a) Bidder declares and certifies that no officer, employee or person whose salary is payable In whole or part from the City of Delray Beach is directly or indirectly interested In ibis quote or In the supplies, materials, equipmont or services to which it relates or to any portion of the profis thereof; ar b) The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their quote the name of any officer, director or agent who is also an employeo of the City of t3elray Beach. Further, ail bidders must disclose the name of any City employee why awns, directly or indirectly, an interest of ten percent (1 ~) or mare [n the bidder's f rm or any of it's branches. NON-DfSCRIMINAT~ON: The Bidder shaft not discriminake against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The B1ddEr inrill endeavor to ensure that applicants are employed and that employees are treated during employment, wifhoui regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, ar natlanal origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruiimenf advertising; layoff or termination; rates of pay or other corms of compensation; and selection for training including apprenticeship. The bidder agrees to past in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply Eo all subcontractors and it is the responsibility of the subcontractors to be in compliance. FSi] Corapvund Borth perimeter 1~encing [Ip~rades Quota # 1976 S CITY OF DEFRAY BEACH ANNUAL. LIFT STATION REHABILITATION 20'10 CITY OF DEt_RAY BEACH PRO,lEC7 #2U1 Q-t)Ei$ GENERAL MOTES A. PURPOSE: The purpose and intent of this "Invitation fo Quote" is to seek a firm price far the furnishing of all labor, material and equipment necessary for the replacement of a roxlmatel 8BU LF of chain link fencin alon the north erlmeter of the com ound. The sco a of work includes he followtn • removal and die Deal of existin fencin installation of new 8' high fencing, using 6 aa. black vinyl coated chain link fabric, 1~ 318" schedule a4 to rails 2-112" schedule 40 line o is and S" schedulo 4Q terminal posts, With 3 strands of barbed wire on top the entire ler:ath. Ali fittinAS --bolts. and miscellaneous hardware b contractor, All work shall comptV witty current State,, Local and Florida iBuildinc,~Codes at the most econom€ca€ price. Service ar~d Workmanship are of primary concern. Bidders with Eow standards for either sera€ee or workmanship will 6e judged to be non-responsible and their quotes non-responsive. No quote will be accepted if it offers lower standards of eery€ce andlvr workmanship than is described herein. B. NOTICE OF AV1lARD; it is and shall be understood and agreed that a contract shall be deemed to be awarded and validly entered into between the successful bidder and the City when written noiice has been given the award by the City through its authorized offiice, and a purchase order shall be issued to the bidder covering the same. C. COMPI=t'ENCY OF Qi3©TEDERS: Quotes will be considered only from firms which are regularly engaged in the business of providing the goods andlor services as described in the Quote Invitation and who can produce evidence fhat they have established satisfactory record of performance for a reasonable period of tinge; have sufFlcient t-financial support, equipment and organization io insure ihaf they can salisfaciorily execute the services if awarded a contract under the terms and conditions herein stated. The term ~equipmeni" and "organization" as used herein shalt be construed to mean a fully equipped and well established company in line with the best bus€ness practices in the industry and as determ€ned by the proper authorities of the City of Delray Beach, Florida. I~. Vt;NDOR SERVICE REPRESENTATIVE: The Bidder shall submit w€th his quake proposal the name, address, and phono number of the person(s) to be contac#ed far information and for the coordinatlan of service. A contact for boih regular work-hours and after-hours, weekends, and holidays must be identified. E. `flMl= FOR COMf'LETiON: It is hereby understood and mutually agreed by and between parties hereto the time of ~ompieHon is an essential condition of this Contract. The complete project must be completed within Thirty {gp) days after Natice_ to i'roceed date. The Contractor agrees to being with an adequate farce io have the work comple#ed in the time period indicated. Furthermore, if the awarded Contractor fails to complete the work within the prescribed time, the awarded Contractor will pay the Gity of Delray Beach liquidated damages for each day the work fs not completed within the prescribed time. The damage will be at the rate of $250.i1it per day. F. SAFETY ANb CARE OF WORK: The Contractor shall exercise safe work practices and maintain a safe work area at ail times, and shat! be responsible for all damages to persons or properly resulting from unsafe acts, negt€gence, poor warkrnanship, or failure to maintain a clean work-site in connection with his work under this Goniract. The Coniracior shall be responsible for the care and protection of ail work perl'orrned until completion and aCGeptanCe. ~,SD Can~paund NorEit Perimeter fencing iJpgrades Qaote# 19T6 G_ PERMITS: The Cantrac#ar shah be required to secure all permits required to complete this contractual service. There shall be no charge to the Contractor for pertnlls. t-I. CITY OCCUPATION LICfWNS1=: if the successful Bidder is not licensed to perform work in the City of beiray Beach, the successful Bidder shall obtain an Occupational I"icense before a Nonce 7a Proceed will be issued. Upon notification of Tentative Award, the successful Bidder has fifieen (15} days within which to submit ail documentaiion {insurance, Occupational License, etc.). 1. INSPECTIONS: Art authorized representative of the City of beiray Beach shalE have the right to inspect work while in progress and at the completion thereof. After inspection, Contractor will correct any unacceptable work at no expense to the City. .i. PAYMENT: Payment in tuii Wil[ be made after all work is cornpieted, inspected; and accepted by the Ciiy. K. INFORMATION; Any questions in regards to the ^etafled Specifications of this quote sha[I be addressed in writing to the .Engineering 17epariment, c/a t3ob Diaz, Environmental Services Complex, 434 South Swinton Avenue, beiray Beach, Florida, 33444. Any questions in regards to the submission of your quote should be addressed to Patsy Nadal, Purchasing Manager, at (561) 243-7163. L. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placer{ on the convicted vendor list following a conviction for a public entity crime may not subrrtlt a quote on a contract to provide any goods or services to a public entity, may not submit a quote on a contact with a public entity for the construction or repair of a public building or public work, may not submit quotes on leases of real property to a public ertti#y, may not be awarded or perform work as a contractor, supplier, subcontractor, or eansultant under a contract with any public entity, and may not transact business with any public entity In excess of the threshold amount provided in Section 287.©17, for CATEGORY TWO for a period of 36 months from date of toeing placed on the convicted vendor list TSB Compound Morth 1 erimeter PeecingUpgradcs 7 Quote {f 197b CA~~ ®~ SILE~~E Bidders are advised that a bidder yr anyone representing the bidder cannot communicate vrlth any City Commissioner, or any City employee, other than the City employees totaled in the Purchasing Department or i=nvironmental Services Department regarding this bid, i.e., a "Cane of Silence". A "Cone of Silence" is in effect from the dateltirt~e that this Invitation to Quote adver#ized by the City. The "Cone of Silence° will terminate upon the bid opening. weve b riders corn u ica a with CI om to ees who are resent at t e andato re-bid meeting during the actual pre-bid meeting. Once the pre-biri meeting is over, bidders__mav ortlV communicate with em to ees o the I'urchast Division or Env rortmental Services be artment. Contractor's i+tarn 7.A STANl7ARD FORM O~ AGREEMENT BETWEEN CITY AND CONTRACTOR THtS AGREEMENT made this ~ day of ~ , 2Q?o, by and between the CITY OF DEI,RAY BEACH {hereinafter called C[TY) and `~ (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the GONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 'l. The undersigned CONTRACTOR hereby represents that he has carefully examined ail Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that fhe goats price includes all casts and expenses required far the satisfactory complefian of the contracts requirements. 3. The contract between the C[TY and the CONTRACTOR include the fallowing documents which are attached hereto and incorporated herein by reference of the following: CONTRACT ©OCtJ1VlENT (S) ESD Compound 1Qorlh Nericneter Fencing Upgrades Qnoio N k975 PAGE NUN[BERS 8 Jnvitatian to Quote 1-7 Ct7NTRACT DOCUMENTS (cottfd) PAGE NUMBERS Standard Farm of Agreement &'12 Corporate Acknowledgment 13 Certificate 1~J Jnsurance Requirements 15 Sample Insurance Farm- 16 Drug Free Work place Certification 17 Exhib!#s, Location Maps 18 Proposal (Schedule of Pricing} Signed by Bidder '!9 Addenda numbers 0 to 0, inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement ~!. The term of this contract shat! commence an the date indicated on the Notice to Proceed. CONTRACTOR shall have 60 days to complete the project. ~. This agreement shall be governed by the laws of the 5#ate of Florida as Now and hereafter Jn farce. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given !f personally delivered or mailed, certified mail, return receipt requested, to the fallowing addresses; AS t0 City: City ofDalray Beach, BL 1EEONW 1st Avenue Dglray Beac~~ ~L 33444 As to CONTRACTOR: ~u c~ ~ '`~~•~"~ ~ ~ +~ t F.SD CvEnpnund North Perimeter Fencing Upgradcs 9 Qaote # 1976 __ 7. The CONTRACTOR shelf not, withaut 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 become due without the prior written oonsent of the CITY. 8, The CITY and the CONTRACTOR each binds himself, his parfners, successors, assigns and legal representatives to the other party hereto in respect to ali convenants, agreements and obligations contained in the contract documents. 9. In cansideratian of ten dollars {$10.Ua) and other valuable considers#ion, 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 net limited to, use of any improper materials or liabilities, damages, fosses or costs caused by ar an account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants ar employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY FSD Compound North Per{rneter Fencing upgrades 10 Quote 11 1975 from a!I such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and ail patents or patent rights claimed by any person, f[rm, ar corporation. Tha 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 a!I 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 levets. The CETY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration far the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the quote price includes said consideration for the indemnification provision. 1 Q. 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_ k~SD Compound 2dnrth Perimeter Fencing L7pgrades 3 ~ Qnoto# 3476 1N VItITN£S5 WHI=REOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Cleric Icy: Mayor Approved as to form: City Attorney WITNi;SS: CON -RACTOR: BY: C. .~2~... (Print or type name and title) (Print ar type name ancf title) {SEAL) ESD Compound TTor1h Perimeter Fencing Upgrades 12 Qr~ote # 1976 CE7RPC)RATi= ACKNOINLE©GMi=NT STATi= Ole ~~C1~,`c~c~-- C~UNTY OF . Jl`ct-~ , ~r~r~~ The foregoing instrument was acknowledged before me this . I ~-day of ' ,~'1~1 `~-- , 2D.~..~ hY....._{'J');~,~r~.~P/ f7lri 5S (name of officer or agent, title of officer ar agent), of . rs.~~r~ f~Jr ~c..rfN~as . Lf~ ~- {state or piece of incorporation) corporation, on behalf of the corporation. ~WelShe is (personally known to me] (or has produced identifcation) and has used hislher (type of identification) as identification. ~aTA~Y ~'t113~iC-8~',ATE o~ Ff~3RIflA "~",'.~ Tlynne ~et~~s~n Si ure of Person Taking .rCamq~fasion~`pk~87495a Acknowled meet ~xplres: MA'Y 1G, 243 ~ AoNS7EU rtu{U,STLMTiTCl30Ratx~ ea., mac. Name of Acknowledger Typed, Printed or Sfiamped ESD Compound North rierimeter irencing UQgrndes 13 Qnotc~ t97G CERTIFICATE (If Corporation) STATE OF FLOR1bA } COUNTY OF jQr~/l9 JJPc~~ ~ 5S ` HEREBY CERTIFY t at a rneetirig of the Board of l~irectars of ~~ ~ ~ ~ „ ~, a corporation under the laws of the State of ~lur,'~t,~ held on L , 20~, the following resolution was duly passed and adopted: "RESOLVEb", that _ ~~{-/~S S , as I~resident of the corporation, helshe is hereby authorized to execute the Agreement dated ~~, _I~?' , 20~, between the City of petray Beach, Florida and t es corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seat affixed, shall be the official act and deed of this corporation". I further certify that said resolution is naw in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand ar~d affixed the official seal of the corporation this . I~day ofi ~'I,~-~ , 20,x. -~-~ ,_M (Sec ary) (Seal) ~s~e~t~ ESD Con€pound 3dorthl'erimeter peucir€g Upgrades ~4 Quote tJ 1476 i SIIRANCE it UiREiVIENTS A. C ERA - ' t7urring the term of the contract with the City, the corttractor shah procure and maintain insurance of the types and to the limits specified in paragraphs (9) to (4) inclusive below, l~. G©vs=RA~~ except as otherwise stated, the amounts and types of Insurance shah conform to the foifowing minimum requirements: 1. 1!Varicer's Gomoens~tion - Coverage to apply for afi emplpyses far S#atutory limit's in compliance with the appticabie State and l=edera! Laws. ltt addition, the policy must inoiude Emplaye~s Liability wiih a•iimif of u~1fl0,000 each accident. 2, Comprehensive G~ sral Liablfitw -Coverage must be afforded on~a form no more restrictive than the infest edition of #i~e Gornprehensiwe General Liabiiity i oiicy flied by the insurance Services Office and must irrclude: a) Mirrimum iirnits Af $3{30,ODt? per occurrence combined single limit for Bodiiy injury Liabiiity and Property pamage Liabiiity. b) ('remises andfar C7peratians. • c} independent Contractors. d} Products andlor Completed 4paratians. e} No exclusion far Underground, l=xplosion ar Goliapse hazards. - 3. t~usiness Auto Pallcy~ Coverage rr~ust he afforded an a farrr7 na mare restrictive than the latest edition of the t3usiness Auto Policy flied by the• insurance Service office and must include: a) Niinirnum Limifs of $3QCI,t1Etfl per occurrence camlained single iirr~it for Bodiiy injury Liab[lity and i'roperty ©amage Liability. b) ©wrsed Vehicles. cj Hired and Nan~~wned Vehicles. d) i;mplayer Non-ownership. bidder will include he Ci of Deir Beach as addltiona! insured. if the initial insurance expires prior to the corr~pietion of the work, renewal certificates shall be furnished thirty 43a} days prior to the date a€ expiration. Also, under the Canceiiation section of the insurance Certiftcatian the wants "endeavor to" and "but #aiiure to mail such notice she!! impps~, no obligation or liability of any kind upon the company, -i~#;s~gents or rep e'sentative" si7afi be crossed out as indicated on the attached °Sarr~ple of insurance ~ -~x,".,,'. Certrfieate". insurance certificate,samoie~„next Dace 15 ~. Ger#iflcate of insurance - Certit"icates of a1i insurance evidencing fhe insurance coverage specified in the previous insurance Administrator prior fo comencemeni of 561~d~71G6 C1'[Y fly' DEL~tAY EACH B~ f'~ 13EC 2J. '0~3 10~~ ]~= F ~ ~~ ~ t~~ #~TTtF#CJkTH ~ ~1sv~a xs A uklfT~r1 ~ a:Fr~o+i arhr ~ro r ~t3~r s ' ' C,00~3 IE~SiI~+~~~~ CHG.. , e HoAxsturax ~r~c~m~actr&t~~t.n~,rwec~grt~uossxor~a~n, ~cr~rta wt AE.T-E!i 17fE CGY~,ae ~~txm~v aY TII~ PBt.~Cl~s ~rny ~.Cl. Tif1X A,w,L , ~~&~ Cam, ~'gA, (]Oap~ ~+~M~~h~l~ AFFC~ftE7)NG GCIV~Ft~iG~ ~ , • ~' '~~ l~~ '~nu~+~r 1~ l~G~x ~t~U x~tsvCC~7c~. co. ~ _. uisu~ ~-•~ -~----~•`• ~ ~ GG+~Pawr ~ C~FI,L7'£~ GGV~C3AGE 7L~$II&ENCE CQ t Y ~, Fss'~ „ tk 3 E R ' y r~yy T y~~/y r)f~~y~~~'j[t j l . T- V x NM {ti T 4/a~INR~V.Y (17S~iE ~I• ~`I N ~ ~ ~ y ~ . 'N ~~.{~J/yM~-.r+e" 4R .. F'~ ~ ~~ yy ~~y y~ p ~ ~)~ } 21USe ~LI.LY li ~.tiYT~h'N, USA ilblfil~ ~"p~' 1] . Y ~ ~ ' E 1 51 1 k • TH15tsTO~a~tY~uirPCx3cl~sQs~5tJRItH~Lfsr~~i.q++r~~vAar~fsS4ta~Tp`['~#t5u~»k~oA$avE~4ar~rot~:rPk"PoDp~Hr~rc4Y~p.' l2tlTlVtfYts~' AHY Fl°ECl1lil ~E+ls-1T. 7'~u b-t GAiTDmpt( OP~SKY tberrl~A~'t Ol19'r11F.R tM1CiNd~7-T YAfH A~sr~Gr TO 4YHIGit TFUS [FiST7F7Cx'ii: -tAY ~$ a~U~p #~ii ~,tAY P~H'f`AlN.1'! ~ #35t1r~ ANGB AF~'fiiW~n aY 7' ~ !~Q ~E , t TTdHS ~f 8~SG1i Ft}[1CiFS. ~ {. S. Di~BEt1 Ft£l~EIH Li Su4.lFCT 7c?+~i.L THE S'~RVS. ~3CCtU5EQkS. ~Nt? Ci~ll~. ~ 151p~ OF lk&Ut3AntC~ PUUCr +~Ukt(~fi nc7F O,w~ rqU~• u~yunorr FufE (wZ6Gr5 tueitfiY UWTS pr TFiC~u4d~l~S ~ 4Eit ~tR1, i.V.9ItlTO' ~ . rs', ~ ~ ~.~se 't~kl~tYx~ x ~ru~~s y~ ~i~il4lt#`Sf #ccY~tFtR PA~JCfS+~MPt~T'EQ QP~M11 ~ ~ oair` ~ ~ . Q t$ ~; yyrr ill. LOfi1RM1f'FU~I. {'~H~}7Y ~~~'410~ ~ ~1' ~C!)Frt {FR .S. ~aU .~ ~{yn ~ ~ ~RSlkY11, lk~tgY PYcP.S~tAt u¢~VRY $. l~f, AUifiii.tOSE1.5 ~JA9rLf~T '-'~'~ ~~~ 'Q776R~ 3~G1-gQ 3-[l~-9I [qar 5 ~' fem. arrrr€o u~os PlcSS~ #,! Erb1fE0 A>kOS oTftEA IFiR! ~~IY, PASS. wa.. k~tE iCx1t~7} '$ . . • • `, N~Q ~tfJfbS 3 k?+t-OYA;6b AiIEPS tngp tr 5 L r+~R6t{E uAa~tY ; s+ ~ ra CO4Dih'F4 6!~ry ~ ,7U~ ~X C5S911AAILITY ~ ~ ~diSD QTliF11 i~iAN 11ldBfltE(3~f~.{ }~ WORY,~F~' C~1+[t`~tfS+1tT4}t ri~Y~Y [ (i~V! / ~~V 3,-tkI-J4I 3-•01--91 d'}A9Ui4~+' ~.:::'r ~ •~ »;. j`f c ~~ ; ~ t~ at1 ~ EMYt~Y' LiABI~ffY ~ _. i3M5F/5E•fCt1CY ~VdlE~ . DRUG FRED INQRKPl,ACi= CERTI~lCATiON if identical tie bids exist, preference wifi be given to the vant#or who submits a certi~eatioi~ with their bidlproposa! certifying they have adrug-free workplace €n accordance with Section 287.887, iriorida Statutes, The drug-free workplace preference is applied as follows; 1©EN7iCAL 71i= Bl©S' t~referei~ce shall be given to businesses with drug-free workplace programs. Whenever two ar mare bids which are equal with respect to pride, c}uality, and service are received by the State of by any political subdivision far the procurement of commodities or~coniractuai services, a bid received frorrE a business that cerii~es tha# it has implemented adrug-free workplace program shad begiven preference In the award process. i=stablished procedures for processing tie bids will ba followed if Wane of the tied vendors have a drug-free workplace program. As the person authorized to •sigr~ this staterent, € certify that this firn~:~omplies fully with the fallowing toga€rerrien#s: 1} This firm pu#~lishes a statement notiFying erriployees that the unlawFu! manufacture, distribution, dispensing,- possession, or use of a controlled substance is prohibited in -the workplace and specifying the actions that viii be taken against errtplayees for violations of such prohllaiilon. 2} This #irm inforrr~s employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug cortnsei€ng, rehabilitation, and ernplayee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. - - 3} This firm gives each employee engaged In providing the commodities or contractual services that are under bid•a copy of the statement specitied in subsection ('l). 4) ~ In the statement specified in subsection {'f ), th€s pir•m nafifies the err;pioyees that, as a . eonditlon of working an the corr-maditses or contractual services that are under bid, the empipyee will abide by the terms of the statement and will abide by the terms of~the statement and will notify the employer of any conviction of, or plea of gu1lty ar holp contertidere to, any violation of chapter 893 Qr of any aontrolled• substance law of the Un€ted States ar any state, for a violation occurring in the +xarkplace na later than five ~a} days offer such conviction. 5) This firm lmposas a sandlon pn or requires the satisfactory pat#icipation to a drug abuse assistance or rehabi€ltafian program if such is available in the employee's carrrmunity, by any 8J7~plOy2e who €& 3a ct~nvicted. 6} This flan will continue to make a good fa€th effort to maintain a drug-free workplace through implementation of this section. v G~~+~'i~ S F~~ Y~;Contr'~..- acitor`s Name ° ~~~,~ are ~,,.~~~_, exhibit Page 18 w~ w~ F~ I O ..~ u-~ r~ D -y _ "°9' ~ Q *~ S a 0 p r. °~ ~~~7a ` V ~I ~` 1'' ~_ ~' ~~ v ~~ u ~p~vv~ 0 ~~ ~ ~ .~ a .~ ~ ~ ~, *~ ~ ~ ~. ~ ~ ~ ~ rr, a. ~~, ~ $ ~ _ 8 ~ . .5 eu w .~ .o b ,~ iii ~ 'P U ~ ~ ~ ~ ~~. p ~ ~ ~ ~ ~~~ ~, m ut ~ '~ ~ Z ~ ~' »I -~ ~z d v-~ C IAA71 F~+ C ~~ rn 4 3 rn G li v .~ a 0 3 °n. E U ~[I ,F1~4J![~ ~ ~~ ~~~ T~ O~ ~~ ' ~~ ~~ ~ ~~ DAT>:ErhrunDrmri ~ .+ A Llf1 f 1~#! 1 I I VI`! -IV 1/21/2010 PRabucER THIS CEFtTIFlCAT>w i5 15SfJl=U AS A MATTER OF INFOEtN#ATIQN wails Fargo Ina services tTSA, Inc.. (WP>3) ONLY ANb CONFERS NO f2iGl-ITS UPON THE CEE~TIFICATtn za54 vista Pazkuay - HOLiJER. TFilS CERTIFICATE DOES'NOT AgdEHD , EXTENR OR Crest Palm Iaaaah Fi, 334k1-2718 ALTER Ti•3E COVi=F2ACE AFEO_RDEE3 SY T1iE POLI CIES B1=LOW. {56k) 555-5500 (561) 555-5509 . ~ ~ `1 IHSURL~RS AFFORDING CO F~RAGI ~,~:. ~ NAIC ~ fNSURBD _ INSURER A: Pro receive E reee~~~na ~o ~ 10193 Budget Gate Syetema, inn INSURER B: Auto-Owness Ihayxan _~o a}~ , 189a8 1155 So. Military Trail INSURER C: Avto-Ownelcs xaenranne C n :`~ 18988 YIest Palm H0doT1 FF. 33415 INSURER D: Travelers ~~' %j COVERAGES THE POLECIES OF INSURANCE LISTED BELOW HAVE BEEN fSSUED 70 THE: INSUREp NAMED ABOVE FOR THE POLICY PERIOD INDiGATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUhAENT WITH RESPECT 70 WHICH THIS CERTIFICATE MAY BE ISSUED OR 3+hAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRI;3E;D HEREIN IS SUBJECT TO ALL TFIE TERMS, EXCLU810NS AND GONOk71dNS OF SUCH PQLICIES. AOC3REGATI= LIMITS SHOVNV MAY RAVE BEEN REDUCED 13Y PAID CLAIMS, I7d5R LTR DD' ~ G PDLIGYNUMBER pOL3GY EFFEGT'iV£ [ MIDb POLIGY EXPIRATION DA MlAIDD LIMITS ' (3ENERALI.IAdILITY E,gCNoCCURRENCE S i ODO a0D ~ X COMMERCIALGFJVERRLLIAHILITY 7258964510 3/1/2010 3/1/2011 PREMISES Eaaccura ce ; 5a,OQ0 CLAIIdS-AADE ~OECUR MEDEXP{Anyonsperson) S S,Op~i PERSONALBADVINJURY S i,000,Op0 , OENERAE,AGGREGATE S i ODa,000 GENLAGGRfGATELIMiiAPPLIESpER: PRODUCTS-C014SPIOPAGG S Exoluded I H POLIGY PRO- EOC irad Non-wn®d Ruta 1, DaD, 000 A - AUT OIAD8ILB LL481L1TY AI,IYAUTp oS474294^1 S/16/2009 6/16/2010 CONFINED SINGLE LIMIT (EaanCftlera} 5 i Saa,aa4 X ALL 6NME6 AUTOS BODILY INJURY SC1iEDLILEDALITOS lParpatsan} s HIRED AUTOS NON-OVrW1:PALfT05 9001LY INJURY SParaccWeni} S PROPERTY UAIMGE (PST aoclder3k) S OARA6H[.IABp-#TY AVTa6NLY-FAACCID2:Mf S ANY AUTO OT3IER T1iAN EA ACC 5 AUTCrONLY: AGG S f:XCFSSRIMgRELLAElAbILITY EACTIOCCURRENCE S OCCUR ~ CLARdS;A.40E AGGREGATE _ ; S DEDUCTi6LE ~ 'S RETENTION 3 ; C LvoRxERSCOr.4PENSATtoNAND 72584644 3/1/2olp 3/1/2pli v~G T TD' OTFI- EMPLOYFiRS'!.lADIUTY AHYPROPRIETORIPARTNERIEiC£CG71VE E.L. EACHACCIDEN7 ' s Saa,aOp OFFICERl7dEMaERE%CLUPE47 E.L.DISEASE•EAEMPLOYE 5 SDp,p00 '"""- IE yyes, describe under 5PECIALYROVISIONSkeiux E.L,DISEASE•pOLICYUlAIT ; 500,aDD A DTHa=R License Band 2ft5729292 9f30/2009 4/3x/2011 DESCRIPT1gN OP RPERA71gNS i EQGA770NS J Vl?HIGLES I EXGLilSIDNS ADDEb BY FJ'fDDRSEMElfT f SPEGIAL PROVISIONS 10 days natiaa of aaaeellation for non-payment of premium per polioy aondil:ions, 7E City oP Delray Heach 100 tiW tat Ave Delray Heaeh FL 33444 ACORD 2S (20L14108~ SHOULD ANY Dp TtiE RBOYE UESCREgEb PDLICEES 8E CANGELLED BEFORE THE EXPIRATION DATE THEREOF, TtiE ISSUENG INSURER WkL1 ENDEAVOR TO MAIL 30 DAYS WRITTEN }IaTIGE TO THE CERT1FiCAT'C• HtlLDER NAIdED TO THE LEFT, HUT FAILURE TODD 5D SBALL IMPOSE Nq 081JGATION OR LIABILITY OF AIIY 15EIID UPON THE INSURER, l75 AQENTS Oft AUTHDRIZED REPRESENiATIV£ ' :l~lu2 ~, ~,~C.. OAGORD CORPORATION 4968 Page 3 of 1 ADDENDUM NO.1 TO CONTRACT DOCUMENTS I~o~~ The ESD CONFOUND NORTH ~'FRINXFTFR FENCING UPGRADES czT~ ar DE~RA~ BEACH ~RaxECT QUOTE NO. 1976 TO ALL BIDDERS AND OTHERS CONCERNED Caniraclots suhmitt~ng proposals far fhe above-referenced project shalt take mate a~ the following cha~zges, additions, deletions clarifications, etc., to the Plans and Specircaiions which in accordance ~vi#l~ tl~e Contract Docaments shall became a part of a~~d have precedence aver any#hing sha~vn or described oiher~vise, l~l'OTE: Bidders xrust aekno~vledge Receipt of this Addendum, dated ~r~y x7, ~ox0 by; l . Writs the words ~~Addendum No.1" on #Iie exterior of the envalape in which the bids are submit#ed. PLEASE ACKNOWLEDGE RECEIl'T O~ ADDENDUM NO.1 B'Y SIGNING BELOW AND ItAXING BACK. TO (S61} 24-3-7060 AS SOON AS I'bSSIBLE. ~~ ~r-~ _ _ . _~.____ ~` , j I' aid r ~f~`.~C~1 t'#p ~S By .5 1g ~ D e Page I of 2 Acldendurn I+iQ. 1 ESf} COi4iPaUND MORT#~PERIh~lE1ER FLNCII~G UPGRADE ~vfay 17, 201E1 A.. The foI[ovving is Clarifications to Questions~for Pre-Bici nneetillg: • At all corners, ins#all braces anti trusses at all corners. ~ Add coil wire to bottom of woven fence fabric the entire length of the new~fence, • 'Top rails to ha 1-Sf8". • At the S'U~J' 4~' Street gated entrance, the termination point for the new fencing traversing north will 6e at the northeast most corner of tho existing fencing, Replace corner post with new 8' high vinyl-coated, re-connect and transition existing galvanized fabric and barbed wire along nflt-th face to new post. • The selected contractor must pail a City of Delray Beaoh permit for this scope of work; however, fees are waived. B, Attach lent: • Pre-Bid meeting Sign-in Sheet, inlay l'#, 2010, END Ole ADDENDUM NO. 1 Page 2 of 2 ~5D COIvtPOisNO NORTH PHR[tv1E"E'HR FSNC~NLr UFGf~ADS Addendum No. 1 May i 7, 201D .~ Q~ L ~+ .~ a 0 Z 0 Q U N W N r Q} ti 0 0 N `a m ~. Q O N O ~ U ~ O ~ O ~ V O_ ~ ~ J ~3 I~ ~ 64 ~ t::) Q ~ N `.~ 'O: ,, ~` 64 ~y ,, C l.L W ~ 4 ti ~ C. . V O '~. 7. N ~.LC. ~- O ~ ~ ~ ~ ~ [D W ~ ~ . ~ O O ~ O ~ ~ U ~ O ~ CV O ICJ O o M d a ~ V O t Ch U C ....f ~ EA N ~} 117 ~ `u`.. ~. C Q? W ~ p ~ ~ U. U; O W ~ ~ O 4 4 O O O U U ~- ~- ~ c ¢ ~ ~ N _ c37..: ~ Fl3 ~ ~ ~, w~ ~~ ~ Q o n rn ins]:. }_ OD Z ~ ~ J J by ' ~ ~ ti. p O '~ w ~7 ^ w o ~ Z .~ . ~ Q .~ ~ ~ ~ p a o ~ p ~ ~.` ^ Q ~ ~ a ci 'v o G "" U Q ~ .~ ~ ~ ~ ~~ o o ~ '-' A ~ ~ ~ ~ llJ a ~ s~ ~ ~3 ~ m p , 0 0 0 ~ ~.Z.. ~ N C'7 d' a 0 N W W II d 0 ~u v m rn a rn G ~U C N LL E `m ~ d ~ s ~ ~ O O r Z ~ ~ Z ~ . Cll fi Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: June 11, 2010 SUBJECT: AGENDA 1TEM 8. .3 -REGULAR COMMISSION MEETING OF J [.]NE 15 2010 PUBLIC SAFETY PROJECT-SERVER PURCHASE AWARD ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of eight (8) servers, VMware license and related equipment from Dell Computer Corporation in the amount of $285,482.32, as detailed in the attached proposal dated June 11, 2010, with pricing per State of Florida Contract #250-000-09-1 for support afthe Public Safety Software Project. BACKGROUND This hardware purchase from Dell is for eight (8) servers, VMware license, and related equipment to provide a parallel server system for the SunGard Public Safety Software Project. Four (4) servers will be located in the City IT building and four (4) servers will be located at the Police Department to create a redundant backup system. The complete proposal from Dell is attached far your review per Florida State Contract number 250- 000-09-1 for network infrastructure equipment from 09/08/2008 through 09/07/2011. FUNDING SOURCE Funding will be provided from 334-21 i 1-521.64.11 after budget transfer. RECOMMENDATION Staff recommends the purchase of eight eight (8) servers, VMware License and related equipment from Dell Computer Corporation in the amount of $285,482.32, per proposal dated 0611112010, pricing per Flordia State Contract Agreement 250-000-09-1. http://miweb0011Agendas/Bluesheet.aspx?ItemID=3415&MeetingID=262 6/11/2010 - .jr~ 3:' ~" - _ }; i. . ~ -_ :.} }~ Y.. .' - 1~,'. - ~ ~ i^ y R. - ~ - - - 1~ CITY 4F dELRAY BEACH. Proposal troni De11 -Ponce ~OS$.1 ~; Contract #: 32ABH CustomewAgweernent #: 250-000-d9=1. FEATURING DELL ENTERPRISE PRODUCTS 061'1'1120"1.0 p Cnpyrlght 2008 tletl tne. All rights reserved. Trademarks De€i, the Bell logo, PawerEdga, PowerVault, PvwerConnect, EqualLogic, AvtiveArchives, and DpenManage are trademarks of Dell Inc, Intel, Pentium, and Ceferon are registered trademarks, and Xeon is a trademark of Inte€ Corporation yr Sts subsldlaries iri the United States and other eounir€es. Microsoft and Windows are registered trademarks of Microsoft Corporaflon, Linux is a registered trademark of linos Tarvalds. fdovell, NefWare, and SuSE linux £nterprlse Server are registered trademarks of 1Vovell, inc. Red Hat is a registered trademark of Fted Hat Software, Enc. fn fhe United States and other countries. EMC,.PowerPath, and Navisphere are registered trademarks, and SnapView and MirrnrVlew are trademarks of EMC Corporation In the United Stales. DLTtape and SDI,Tfape are trademarks of Quantum Corporation. Cisco is a registered trademark of Giscn Systems, Enc. Brnadcom is a registered trademark, and I~etXfreme is a trademark of Brnadcarn Corporation, ©raele and Peop€eSoft are ~fegtstered trademarks, and Oracie8i and Cache Fusion are trademarks of pracle Garporatian yr its affiliates. 1T0, linear Tape Open, and Uttrium are trademarks of HP, IBM, and Quantum. SAP and the 5AP logo are trademarks or registered trademarks of SAP AG in Germany and in several other countries atI over the world. PC! Express is a trademark, and PCl-X is a registered trademark af,.PC€-SIG, VMware, the VMware "boxes" sago, ESX Server, and VMotian arc trademarks or registered trademarks of VMware, lric. Other names used in this Proposal may be trademarks of their respective owners. Statement of GandfEians The information in this document is believed to be accurate, However, T3et1 assumes na respansibl€fty far inaccuracies, errors, ar omissions, and shell not be liable for direct, indirect, special, Incidental, or consequential damages resulting Pram any such error or omission. 1]ell is not responsible fnr pricing or other errors, and reserves the righ! to cancel orders arising from such errors. Deli may make changes la this proposal Including changes nr updates to the products and services described, including pricing, without notice or obligat€an. 'this proposal is no[ intended to create a contractual relationship. Unless expressly agreed ciherwise In a writing signed by fhe parti>rs, all orders by C{7'Y OP DELf7AY BS'ACN for Refl products and senrlces shall be subject to t7ell's Terms and Conditions of Sale-Direct, which can be found at www.dell_comlterms, and which Incorporate Dell's U.S. Retum Policy, at www.dell.comlretumoolicv#tote[ . Please road thane terms carefully end in their entirety, and note In particular that Deli EqualLagic and Equallogi~branded products, QeI1JEMC and EMC-branded products, PowerVault ML8006 tape libraries, non-Del€-branded enterprise products, enterprise software, and customized hardware or software pmducfs may not be returned at any time. Orders also shall be subject fn the terms of any appilaable service contract(s), which can be found at www.de[l.cnrnlserv€cecontracts, All infarmatlon supplied to C17"Y QF l71=CRAY BJ=RCN far the purpose of this proposal Is to be considered cvnfutentia€ information belonging to hell. Alsout Deil bell inc. (NASDAQ. DELL) listens to customers and delivers Innova#ive technology and services They trust and value. Uniquely enabled by Its direct business model, Deil is a leading global systems and services company and No. 94 on fhe Fortune 5t)Q. For more Information, visitlAnryC0ix1. privacy policy Dell respects your prtvacy. Across our business, around the world, Dell will collect, store, and use customer Information only to support and enhance our relationship with your organization, for example, to process your purchase, provide service and support, and share product, service, and company news and offerings with you, Dell does not sell your personal Information. For a complete statement of our Global Privacy Policy, please visit deH.comlprivacy. Tf-is preliminary proposal is far information and budgeting purposes only. Please note, fhFs Is N(3T A GtUQTE and is pending design verifioa#ion and validation of the proposed CDnfigura#lon{sj. Customer Name CITY aF PELRAY BEACH Customer Number 009075934 ~..„~--- Date D6f7712090 line Quantity Ganflg # Description Tots! '# 7 000000000 PE R770 WITH CHASSIS FOR UP TO 8, 2.5-INCH 274.08 66 HARD DRIVES ANQ INTI=L 56XX PROCESSORS , 2 7 OODOOOODD VCENTER STANDARD FOR VSPHERE - 9 ~ 88 697.00 LICENSE= , 3 '[ 000000000 DELL EQUALLOGIC PS8010F=, 10G8E, H#GH 907 336.40 CAPACITY 7.2K SATA DRIVES . 4 9 000000000 PQV+lERVAULT TL2000, LTO9-920HH 99 282.74 6flOGB17.6T6, 2 HH 5AS DRIVES , POINERCONNECT 6224, 24 GBE PQi2T5, 5 7 000000000 MANAGED SWITCH, 70GBE AND STACKING 6,758.99 CAPABLt= B 7 000000000 QLP ARCSERVE 7 2.5 CLT AGT- WIN V11 EM1 2,546.00 7 7 DD5553484 DELL 422D 42U RACK WITH DOORS AND S]DE 787.99 6 PANELS, GROiJND SHIP NO7 FRR AK 1 HI , Product SubTata! 285,482.82 Tax 0.00 Shipping 8. Flaudling --~ ~w.M 0.00 -^^^. ~ `'Ta#a! Purchase Price 265,482.32 {"Amount denater! in $ Technlca! Sales Representative Name Davitl Carlson Rhone 9-800-269-3355 iEmai! David Car#sanQDell.com Ext. 5739779 ~~1 i~ 1~ Customer Name CITY OF DELRAY BEACH Customer Number OD9D95B34 Hate D6/1112D1 D Product taubTntaf 66,274.0 Tax 0.0 Shipping & FtandEing D.D *Tntal Purchase Prices SS,274.~8 (' Amovnt denoted in $) Shipping Method l.Tl_ 5 t7AY PR t_E5~ Tats! Number of System groups Groups 1 t3escription: PIE iiT1(I with Chassis for Up to $, 2.5-Inch hard urines and fnte156XX Pracass4rs ctuantity: t3 System Price:8,284.2G Group Tatals6S,27~t.08 Type Description Quantity Base tJntt PE R790 with Chassis for Up to 8, 2.5-Inch Hard [3rives and lntei 56XX Processors {224-8461} 1 PawerEdge R71 D Shipping (33D-4124) 1 48GB Memory (12x4GB}, 1333MHz DuaE Ranked RDiMMs for 2 Processors (3-f7-L337t} 1 Embedded Broadcom, GB Ethernet NkCS with 7OE {43D-1764} 1 Intel Xeon X565D, 2,66Ghz, 12M Cache,Turbo, HT, 1333MHz Max Mem (317-9109} 1 Intel Xeon X565D, 2,BBGhz, 12M Cache,Turbo, HT, 1333MHz Max Mem 317-4121 1 PowerEdge R71 D Heat Sinks tar 2 Processors {397-1293) 1 19tiG6 '! 5K RPM Serial-Attach SCS12.5 inch Hot Plug Hard Qrive (341-9157) 1 PERC 6>i SAS RAiD Gontratler 2x4 Gonneciors, Internal, PC[e25fiM8 Caehe, x8 Chassis {341- 8712 1 L7ell Active Power Controller BIOS Setting {330-5116 1 No Operatin® SYstem (420-632D) 1 Intel Gigabit E-f NIC,Qvad Part, Ca per, PCIe-4 {43D-Ofi57 9 iDRAC6 t=rrterprfse {x}67-8648) 1 DVD+/-RW, SATA, 1NTf=FtNRL {313-5D90} 1 Bezel {313-7517} 1 Riser with 2 PGie x8 + 2 PCIe x4 Slot (32D-7886} 1 Deki Management Console 33D-528D 1 Electronic System Documentation and OpenManage DVb Kit 33D-3485 1 14$Gg 15K RPM Serial-Attach SCSI 2.5 inch Hvt Plu Hard Drive {341-9157) 1 RAID 1 for H70D, PERC 6fi, H2O0 or SAS 6fiR Controllers 341-8699 1 Sliding Ready Rails vsr€th CableManagementRrm (33D-3477} 1 High t3utput Power Supply Redundant#, 87DW (33D-3975} 9 Power Cord, C13 to C14, PDU Style, 12 Amps, 2 meter, Qty 1 {33D-3151} '€ Power Cord, C93 to C14, PDU 5t le, 12 Amps, 2 meter, Qty 1 (33D-3151} 9 Thank you choosing Dell ProSupporf. t=on tech support, visit htip:llsuppor#.dell.comlProSupport or call 1-8D0-945-3355 (989-3439 1 Mission Critical Package: 4-Hour 7x24 On-Site Service with Emergency Dispatch, 2 Year Extended (992-s 162) ~ ProSupport for lT; 7x24 HV+! 1 SW Tech Support and Assistance for Cerikfied IT Staff, 3 Year (992- s35z 1 ~} i~ ~ Mission Critiea[ Package: 4-Hour 7x24 On-Site Servtae wrih emergency D'€spatch, Initiat YeaE~(893- ~ 220D) ~ ~ ~,I Dell Hardware Limited Warranty Plus 4n Site Service 1nlElal Year (953-844 1 bell Hardware Limited Warranty Extended Year {993-8458) 7 N~ISSION GRITIGAI- PACKAGE: Enhanced Services, 3 Year 593-851$ 9 ©n-Site Installation Declined (eG0-9987) 3 I"i ~ .. 4 s S ~1. Customer Name CITY flF ©ELRfaY BEACH Customer Number 004095934 Rate 08/11/2090 product SabTotai ~ 88,897.00 Tax 0.00 Shipping & Handiiing 0.00 *Totai Purchase Price 88,857.00 (" Arrlounf rienafed 1n $) Shipping Method RTl. 5 RAY OR LESS To#al Number of System groups 0 Software & Accessories (S & q) Number of S 8~ A items: 4 S & A TotaFa 88?697.QQ pescriptian Glraantity ~ ice Total Prise uGenfer Standard for vSphere -1 license (A2977748) 7 4,780,00 4,190.00 iCenter Standard for v5phere -Syr Platinum SNS - 24x7 support and subscrip0on (A2977740) 1 3,083.0 3,083,00 v5 here A Enterprise Plus - 7 socket license - FUIt feature set (A2842487) 1 fi 2,932,00 46,912.00 vSphere 4 Enterprise Plus -Syr Platinum SI+tS - 24x7 support snd subscription (A2877980) 18 2,767.0 34,612.80 Amount danvted in $ ~~. ~~L4Li ~~~~' ~~~~g FIB. .,._..... .,.. . __. Customer Name CITY OP DELRAY BEACH Customer Number 001095834 Date 06/1112010 Product SubTutal 109,336.40 Tax 0.00 Shipping & Handling 0.00 `Total Purchase Price 101,33$.40 (" fkmount denoted in $) Shipping IVlethod LTL 5 DAY OR LES; Total Number a# System groups ' Croup. 1 pescriptinn: 1?ell ~qualLagic A5601 D~, 106be, High Capacity 7.2i( 5J1TA llrives 4uarr>tity: 2 System Price:5Q,6B8.20 Croup Total:l Q1,336.4f3 Type lTescription Quantity Base Unit Dell EqualLogle PS6010E, tOGbe, Hlgh Capacity 7.2K SATA Drives 224-7556) 1 96 X 500GB SATA DUAL CONTROLLER (393-9161) 1 Asynchronous Repllcailon 468-T110) 1 SnapslClones with integration Far MS SQL, Exchange, H er V and VMware (468-7755 7 SRN HQ mu[Ei group monitoring software (468-7156 9 E ualLo Ic Advanced Software Warranty and 5ervtce,7x24 Accgss,3 Year 908-8399) 1 Dell Hardware Limped Warranty Ex#ended Year (907-4988) 1 Detl Hardware LlmitBd Warranty Initial Year (807-5217) 1 Mission Critical Package: 4-Haur 7x24 an-Site Service with Emergency Dispatch. 2 Year 1=xtended (907-4592) 1 Mission Crlticat Package: 4-Hour 7x24 On-Site Service with Emergency Dispatch, Initial Year (908- 6180) 1 M15S1ON CRITICAL PACKAGE: Enhanced Services, 3 Year (9117-5076 1 ProSupport for 1T: 7x24 HW 1 SW Tech Support and Assistance for Certified IT Staff, 3 Year (907- 8792) 1 Thank you choosing Delt ProSuppart_ f~or tech support, visit http:Ilsupport.delt.comlProSuppart ar call 1-800-945-3355 989-3439) _ 1 _ ICS Design fora Remote Implementation of a Dell EgoalLo is Store a Array (9946&97) 1 _ Remote Implementation of a bell EqualLoglc Array (ta schedule, email US Romote_Services@dell_com) (990-0708 1 Ins#altation of a Dell Server, Storage or Pert heral Device, E ualLoglc MWT (982-2539) 1 Proactive Maintenance Service Deetlned {a26-2978) 1 } 1~ i ~~ } ~ l~ ~~ Customer i~lame CITY QF ^ELFiAY BERGH Customer Dumber 001095934 Dato 06119!2010 Aroduct Sub'1"otal 14,282.74 Tax ~ 0.00 Shipping & Handling 0.00 *Total Purchase Price 14,282.74 Amount denafed in $ Shipping lHethad LTL 5 13AY OR LES! Total Number of System graeps Group: 1 Description: PawerVault TE2D00, l.TD4.12(111H BQOGBIl.BTB, 2 HH SA5 Drives Quantity: 1 System Price:8,733.77 Group Tota1;9,733.77 Type Description Quantity Base Unit PowerVault TL2000, LT04-120HH 80QGB11.5TB, 2 HH SAS t7rives (224-0160} 1 2 x 3Gb SAS GE3C.,4 M,TAPE DEVICE TO SAS HBA (341-5024} 1 Tape Media for LTD4-120 to a 809GB11.6T6, 20 Paclt 341-4628 1 Tape Media for LT04120 to a drive, 800GB11.6TB> 10 Pack (341-4627) 1 Dell Hardware Warranty, Extended Year(s) (985-3228 1 Dell Hardware Warranty Plus OnSEte Service Inital YR 985-3267 1 PrvSupport far IT; 7x24 HW / SW Tech Support and Assistance foe Certified IT Staff, 3 Year (588- 5792} 1 Thank you chvastng Deli PraSupport. Far tech supparl, vis'sf http:l/support.dell.cvmlProSupport or tali 1-800-945-3355 (889-3439} 1 Pro Support for IT: Next Business Day Onsite Service After Problem Diagnos€s, 2Year Extended (988-5762} 1 Pro Support for [T; Next Business Day OnsEte Service After Problem €?lagnasls, Initial Year (888- 9300) 1 Rewrote Configuration of a DellPowerVault Tape Library (ta s chedule, email US_Remote Serviaes[a~dell.cam} (986.3347} 1 Group: ~ 1escription: PE 11,61 p with Chassis for tlp to Six 2.5-Inch Hard Drives and lutelώ 56XX Processors Quantity: 1 System Price:4,548.97 Group Totah4,5A8.97 Type Description ~ Quantity Base Unit PE PS10 with Chassis for Up to Six 2.5-Inch Hard Drives and Intel&#1?4; 56XX Processors (224- 8479} 1 PawerEdge 8810 Shipping 330-4122) 1 92GB Memo (6x2GB}, 1066MHa E]uai Ranked UDIMMs for 1 Pror~ssar, Optimized (317-0228) 1 Embedded Broadcnm, GB Ethernet NECS with TOE= 2430-1764) 1 Intel XeonE5620 2.4Ghz, 92M Cache,7urba, HT, 1066MHz Max Mem (317-4912} 1 EVo Second Procassflr(311-3928) 1 PowerEdge Rs1 O Heat Sink #or 1 Processor (317-0212) 1 946GB 15K RPM Serial-Atfach SCSI 2.5 inch Hvt Plug Hard Drh+e (349-9157 9 PERC fill SAS RAID Controller 2x4 Gonnectors, Intemai, PGEe2$6EVIB Cache (343-9254) 9 i y `~ ~~ ~, .i `~ Power Saving B1O5 Setting 330-3491} 1 lap Operating SYsfem (42D-632D) 1 IDRAC6 Ente rise 467-8648} 1 DuD+I-RW,.SA7A, INTERNAL {313.909D} .1 ... BezeE 393-7534 1 1ae11 Management Console (33D-528D} 1 Electrpnic System Documentation and OpenManage DVD Kit 33D-3523 1 148GB 15K RPM Serial-Aftacfl SC512.5 Inch Het Plug Hard Drive (341-9157) 1 Dual-Ex#emal-Port SAS 51E HBAfor Power Vault MD3DOD, PGI Eycpress (341-4298 1 RAID 1 for H700, PERC fill, H20D or SAS 6liR Cpntrollers {341-8755} 7 Sliding Ready Raits With CableMana ement Arm (330-3520 9 #~ligh Output Power Supply Redtandant, 717W (330-3515} 3 Power Cord, taEMA 5-15P to C13, 15 amp, wail ping, '#0 feet! 3 meter (310-85U9) 'i Power Cord, taEMA 5-15P to Ci3,15amp, wall plug,lD feed 3 meter (31D-8509) 9 Dail Hardware Limited Warranty Plus €~n Site Service initial Year (993-946 1 Deli Hardware Lirrrk#ed Warranty Extended Year (993-9458) 1 _ _ Missipn Critipai Package; 4-Hour 7x24 4n-Siie Service with Emetyency Dtspateh, initial Year {993- 3s7D) r 1 Nilssion Cri#ical Package: d-Hour 7x24 On-Site Service with Emergency Dispatch, 2 Year Extended (992-9972} 1 ProSupport for 1T: 7x24 HW f 5W Tech Support and Assistance for Certlted 1T Staff, 3 Year (993- D162} 1 IUlISS1ON Ct:tITICAL PACKAGE: Enhanced Services, 3 Year (993-3408) 1 Thank you ctionsing Deli PrpSupport_ For tech support, visit http:llsupport.da[i.cpmlProSuppot# ar cakll-800-945-3355 989-3439 1 Qn-Site Installation Declined (9D0-9997) 1 ` 4 +~~4 l~ 1 ~. ~'" ~~~~g PTA E ~ ~ ~ ~ ~ ~~ Customer name CITY OF DELRAY BEACH Customer i~fu:nker 001015934 pats 06/1112010 product SubTotal 5,158.95 Tax 0.00 Shipping & Handling O.DO *Total Purchase Price 8,158,99 `Amount denoted 7n $ Shipping Method l.Tk. 5 PAY QR LES; Total Number at System groups Group: 1 Description: pawerConnect 6224, 24 Ghp Ports, Managed Switch, 1QGbH and Stacking Capable Quantity: Z System Price:7,G72.15 Graup'fota1:3,344.3t1 Type Description Quantity Base Unit PowerCpnnect 8224, 24 GbE Ports, Managed Switch, 1 DGbI= and 5tapking Capable 222-6790 1 Dell Hardware Warranty InitialYR 985~977j 1 Deft Hardware Warranty, Extended Years (965-5988) 7 Thanlt you choosing Dell ProSuppprt. Fvr tech support, visit http:t/support.dell.comlPraSuppprt er call?-800-9+46-3355 989-3439} 1 Mission Critical Package: 4-Hout 7x24 On-Site Service with Emergency Dlspatch, 2 Year Extended (990-2562] 1 ProSUppprt for iT: 7x24 HW 1 SW Tech Support and Assistance for Certified IT Staff, 3 Year (99D- 2752) 1 Mtssipn Critical Package: 4-Hour 7x24 On-Site Service with Emergency Dispatch, Enitiai Year {99D- 47zo) 1 MISSIOtJ CRET4CAL PACKAGE: Enhanced Services, 3 Year (997-8348} 1 ©n-Site Installation Declined {95D-8997j 1 Software & Accessories (S & A) Number of S & A Items: 4 S & A Total: 2,8'14.fi9 Description Quantity ~niit Price Total Price PpwerCpnnect 6xxx SFP+ Module supports up to two SFPe (330-2467 ~ 4 933.99 7,736.96 1 MaEer Twlnax Cabte With SFP+ Connector (330-3985) 1 81.99 61.99 5 Mstar Twlnax Cable With SFP+ Connector (33U-3988) 4 105.39 421.56 POWERCONNECT SXXX Long Range Slagle-Mode SFP+ C3ptics (330- 2404] 2 297.59 595.98 {* Amount denoted +n ffi) Customer Name CITY pi= iJELFzAY BEAGH Customer Number 00 7 07 5934 Date 0617 71207 0 Product SubTatal 2,54B.OD TaX D.OD Shipping & Handling 0.00 "Total purchase price 2,54&.00 (`Amount denoted in $) Shipping Method LTL 5 I]AY OF2 LLSf Total Number of System groups I Software & Accessories (S & A) Number of S & A Items: 2 S & A Total: 2,54S.pp Description Quantity knit prise 'Total Prlco OLP AF2CSERVE 92.5 CL7 AG7- WIN y1t EM7 (A2788569 8 242.00 7,936.00 t?LP ARCSEI~VE 812.5 WIN~AGT SQL W EM1 (A2788563 7 670.00 890.40 (* Amount denoted In $) ~~t 1t~ ~~ "' I HI Customer Name CITY OP DELRAY tai=ACH Customer Number 001015934 Date 0614 4/2010 Product SuhTota! 6,187.11 Tax 0.00 Shipping ~ Handling 0.00 "Total Purchase Price 6,'187.11 ("`Amount denoted !n $) Shipping Method LTL 5 DAY OR LE58 Total Number of System groups ~ Group: 1 Description: De114220 42U Rack with Daars and Side panels, Ground Ship NOT for AK 1 HI Quatftity: 11 System Price:3:472.09 6raup Total:3y472.09 Type Description t,>;uantity base Unli fled 4220 42U Rack with Doors and Side Panels, Ground Ship tJOT Car AK! H1 (224-4934} 1 1U KMM Console with Touch ad Keybcard and 17 LGD, t~apld Rails (390-5961 1 Basic: Business Hours 5X10 Next Business Day Parts Delivery 2Year Extended 992-1802) 1 Basic: Business Hours (5X10) Nexi Business Day Parts Delivery tnitial Year (992-5080 1 17e11 Hardware i.lmited Warranty Extended Year {988-4108 1 Dell Hardware Limbed Warranty Initial Year (993-4117} 1 On-site Installation C7eciined (9011-9997} 1 Dell Raok Side Stabilizer (330-3602) 1 Dell UF'S, Raek, 182DW, 2U, 124V,wiih 5-201'to 018, 3m In ut cord 1330-7606 2 PDU Power Cord G14 to C13, 15A, 250V, 3.7m (330-6395) 4 ADU,12A,120-240V, 8)C13,OU11 U,in ut cord no# Included (330-6414) 4 Group: 2 Description: 'i6 Port KeybvardiVideolNlause DFgltai Switch, 2169D512 Pawerl?dge 63uantFty: 4 system Price:2,715.02 Group Total:2715.02 Type Description Quantity Base Unit 16 Por# KeyboardNideo/Mouse Di ltal Switch, 2161D5/2 PnwarEdge (222-1fi59) 1 Tye 11 Contract -Extended Business Da ,Parts, 2Year Extended (981-2782 1 Tye 11 Contraul-Extended Business Day, Initial Year 881-8550 1 Dell Hardware Warraniy, initial Year (986-7929) 1 Dell Hardware Warraniy, Extended Year(s) (985-7939 1 On-Site lnstallatlon Decllnad (900-8997; 1 1 x USB Server InterFace Pod €nciudes CA75 cable (310-5679} 9 ~~ ~1} Network lnfirastract~re - Egoi~ment and Services !State Tenn Cvntxacts 1 State Cc>ntxacts... Page 1 0~2 Rate,this Cnn~ra~ Contract Names Netrievork Infrastructure -~ Equipment and Services Contract Number: 25©-D01}-09-~ Effective Dates: 09/tl$/2D138 throagEz p9/07i2DI1 Vdhe~ issuing a purchase order use co~nmodit~r class: 25~ and commodity group: DQO. Cor~tract_ 5~m.ma.ry.. Other Qtl~er..~ Florida_Cl.i_math-Fri~ndl,y__..prefe,rre.~,.Prod.u~t.~fst x.97.62 kB ~~~~~; ,_~_~...e,nd e~t~ ...~ ~ra« Complete Contrast Complete._Contract..-_,Micro~oft~L~c~.C~ 4q]..SQ k6 G.vCn.Rl~~e,C.ontract -.P~1= 2.54 MB M_yFI oriel a M a rk~tPla~e..lJse rs Contract Adn~inlstratorts): For further inforrnatltin please contact a contract administrator: . Telephonee85Q-4ss-xos6 • i~mai[:stu.potlock c~ dr~s,.myflorida..cor~. Q6/11J20~0 Network In~rrastructure - Equlpr~lent and Services http:/Id~ns.myflarida.com/business operativnslstate_ptxt~ck~asiuagl~rendvx information/state ,.. F/11/20i~ Contractors /Network Infrastructure - Egt~p~.nent and Services /State Tenn Contracts / St... 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Gf11/2010 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, P.E., Dixector of Environmental Services THROUGH: David T. Harden, City Manager DATE: June 9, 2010 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF JUNE 15, 2010 REQUEST FOR IN-LIEU PARHING SPACES/LEMONGRASS RESTAURANT ITEM BEFORE COMMISSION The item before the City Commission is that of considering a request from Lemongrass Restaurant for the purchase of three {3) in-lieu parking spaces to accommodate the conversion of retail space to restaurant. BACKGROUND Lemongrass Restaurant, located at 420 East Atlantic Avenue, has ,submitted a Class IIi site plan modification proposing the conversion of 1,020 square feet of retail space to restaurant. Land Development Regulations {LDR) Section 4.3.4(G} requires the provision of parking for expansion or changes of use resulting in a higher parking demand. Required parking is established by calculating the difference of one space per 300 sq. ft. of total floor area required for retail use and six {6) spaces per thousand sq. ft. of total floor area for restaurants. The 1,020 square foot conversion of use requires three {3) spaces {1,02011,000=1.02x6=6.12 for restaurant 1 1,020/300-3.4 retail / b.12-3.4=2.72 requires 3 three spaces when rounded up). LDR Section 4.6.9{E){3) allows for the approval of a fee paid in-lieu of providing required parking when it is impossible or inappropriate to do so, which is noted as the case in this request. The subject property is located in Area 2 of the In-Lieu program where, the cost of spaces is $15,600 per space, resulting in a $46,800 fee. The owner of the property has agreed to enter into an In-Lieu of Parking Fee Agreement on behalf of the restaurant owner, in accordance with LDR Section 4.6.9{E){3)(d). The square footage being converted is the remaining portion of a neighboring retail bay of which 505 square feet had been converted by the applicant in 2006. A similar request from a neighboring property was recently approved. Additionally, a valet queue was established on the west side of SE 4~h Ave. at Atlantic Ave. to assist in accommodating additional impact. http://miweb001/Agendas/Bluesheet.aspx`?ltemID=3399&MeetingID=262 6/11/2010 Page 2 of 2 Furthermore, Comprehensive Plan Policy C-4.1 of the Future Land Use Element encourages rehabilitation and revitalization within the Central Business District through a number of incentives, one of which is the accommodation of parking needs through innovative actions. The in-lieu of parking fee program provides such an incentive and therefore is consistent with the Comprehensive Plan. Given the aforementioned, staff is recommending approval of the request and associated In-Lieu of Parking Fee Agreement. REVIEW BY OTHERS The Parking Management Advisory Board, (PMAB} and Community Redevelopment Agency (CRA}, unanimously recommended approval of the applicant's request at their repective meetings held on May 2S, 2010 and May 2'7, 2010. The item will be presented to the Downtown Development Agency at its meeting of June 14, 2010. The results of the Board's deliberations will be reported at the June 1 S, 2010 Commission Meeting RECOMMENDATION By motion, approve the request from Lemongrass Restaurant for the purchase of three (3) in-Lieu parking spaces, at a cost of $46,800, to be paid aver a three year period via the attached In-Lieu of Parking Fee Payment Agreement by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.9(E}(3} of the Land Development Regulations. http://miweb001/AgendaslBluesheet.aspx?ItemID=3399&MeetinglD=262 6/11/2010 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR LEMONGRASS 1. This in lieu parking fee request for the purchase of 3 parking spaces in- lieu has came before the City Commission on June 15, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for Lemongrass located at X120 East Atlantic Avenue. AEI of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. L IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9{E){3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of 3 parking spaces in-lieu meet the requirements of LDR Section 4.6.9(E)[3j and the conditions, if any, listed below? A_t $15,600 per space totaling $46,8fl0.00 on the condition that fifty percent f50%] be paid upon signing the agreement and twenty-five percent (26%~ paid on the second and third anniversaries of the agreement. Yes No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E}{3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 1 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the in lieu parking fee request as set forth above. fi. Based on the entire record before it, the City Commission hereby adopts this Order this 1flth day of June, 2010, by a vote of in favor and opposed. ATTEST: Nelson S. McDuffie, Mayor Chevelle Nubin, City Clerk 2 ~„ a--+ -r-+ N rn c 0 J 3~ [ hT~ ~~P~TS~ 'i'^ ~~ try i, ~ ~: '. ~~ ~'' ra ~~ ~;; ~~. ~. 3 ~~ e'! ' 1N~ y ~„~f ,..~,r ,~ F ~.,. ,~ .., ~ ~. ,. ~ ~ ~ ' `~ ~~.. ~~„ •~ __ .,~,~.. ~. ~_ j ~. #b"~~; .,~ ~ . - ~ ~ N E 4;1' AVE. H { s~ ~t~ri av~: Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 IN-LIEU OF PARKING FEE/REIMBURSEMENT AGREEMENT THIS AGREEMENT ("Agreement") is made as of the day of , 20X_, by and between THE CITY OF DELRAY BEACH, a hlorida municipal corporation of the State of Florida ("City"}, and , owner of the property {"Owner"). WHEREAS, Owner is the owner of certain real property located at 420 East Atlantic Avenue, Delray Beach, Florida, 33444, and referred to herein as the "Property"; and WHEREAS, Owner has agreed to allow a tenant to apply to the City for approval for conversion of use from retail to restaurant on the Property; and WHEREAS, a condition of approval for the development on the Property, certain parking is required under the Land Development Regulations of the City. Section 4.6.9(E)(3) of the Land Development Regulations provides that the City Commission may approve the payment of a fee to the City in-lieu of providing required parking; and WHEREAS, Owner has requested that the City Commission approve the payment of a fee to the City in lieu of providing three (3} of the required parking spaces for the development of the Property and the City Commission has approved this request; and WHEREAS, Section 4.6.9{E){3) of the Land Development Regulations also provides that the in-lieu parking fee shall be Fifteen Thousand and Six Hundred Dollars {$15,600) per parking space; and WHEREAS, the parties desire to enter into this Agreement in order to confirm the terms of the in-lieu fee and reimbursement. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. The parties hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Property to which this Agreement applies is legally described as follows: See Attached Exhibit "A". 3. The City hereby confirms that, pursuant to Section 4.69(E}(3) of the Land Development Regulations, it has approved the payment of the fees described in this Agreement in-lieu of providing three {3) of the required number ofparking spaces for the development of the Property. 4. Owner shall pay to the City a total in-lieu ofparking fee of Forty Six Thousand and Eight Hundred dollars ($46,800} (which represents $15,b00 per parking space). The total fee shall be paid as follows: (a) One payment in the amount of Twenty Three Thousand and Four Hundred and 001100 dollars {$23,400.00} by check delivered to the City upon. execution of this Agreement by the Owner. (b} Two payments, each in the amount of Eleven Thousand and Seven Hundred and 001100 dollars ($11,700.00}, due on the second and third anniversary of the date of this Agreement. (c} Each payment shall be made to: Finance Department City of Delray Beach, 100 N.W. First Avenue Delray Beach, FL 33444 S. 1n the event Owner fails to make the payrr~ent in the time allowed, the City shall provide written notice by certified mail; return receipt requested to Owner at , Delray Beach, FL, , or at such other address as may be designated by Owner by written notice to the City. The City's notice shall request that Owner make the past due payment no later than thirty (30) days from the date the notice is received. Failure of Owner to remit payment within this thirty (30} day period shall be deemed breach of 2 this Agreement. The City shall thereby be entitled to file suit in a court of law seeking all payments due, interest, costs, and attorneys' fees. 6. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefits of and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 7. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of this Agreement. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 8. This Agreement may not be amended, modilred, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties to this Agreement. 9. This Agreement is not valid unless signed by the City's Mayor and City Clerk. 10. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Pahn Beach County. 11. This Agreement shall be recorded in the Public Records for Palm Beach County, Florida. IN WITNESS WHEREOF, the parties to the Agreement have caused this Agreement to be duly executed on their behalf as of the dates set forth below. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk By: Approved as to Form: By: City Attorney By: WITNESSES: Print Name: Print Name: Nelson S. McDuflie, Mayor OWNER: By: 3 (CORPORATE SEAL} STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2010 by (name of officer or agent, title of officer or agent) of {name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to one or has produced as identif cation. Signature of Notary Public -State of Florida 4 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, A1CP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: June 7, 2010 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF_JUNE i5, 20I0 MODIFICATION OF A TEMPORARY USE PERMITIVILLAGE ARTS MART ITEM BEFORE COMMISSION The action requested is modification of the temporary use permit for the Village ArtsMart at 113 & 11 S NE 4th Avenue. BACKGROUND On February 2, 1010, the City Commission approved an 18 month temporazy'use permit for the Village ArtsMart to be open from noon to sunset on Saturdays and Sundays during the winter season (October to May) as described by the Delray GxeenMarket. The purpose of the ArtsMart is to create a safe and attractive setting for artists to show their works. The ArtsMart's location consists of three parcels. The center parcel, which contains two structures, is the vendor location and customer parking is provided on the north and south parcels. There are 35 parking spaces available on these two parcels and 6 spaces along the alley, for a total of 41 spaces. The ArtsMart was established very late in the 2010 winter season. During its first season, from February 14, 2010 to May 2, 2010, the ability to draw customers to its location proved more difficult than was expected by the organizers. To improve its chances of success, the organizers wish to address the visibility issue by operating a mixed art and green market during the summer months. By offering consumables and perishables, in addition to arts and crafts, it is hoped that more shoppers would be attracted to the site and its location would become recognized. To accomplish this goal, the organizers are requesting that the temporary use permit be modified as follows: 1. Schedule: Instead of just the winter season, the ArtsMart would be open continuously thru the 18 months from the initial approval date. The permit will end on June 2, 2011. 2. Hours of Operation: Instead of noon to sunset, the hours would be changed to 8:00 AM to 1:00 PM on Saturday and Sunday in the summer months from June through October. httpa/miweb001/AgendaslBluesheet.aspx?ItemID=3391 &MeetinglD=2b2 6/11/201 D Page 2 of 2 3. Products: In addition to hand/home-crafted items, the list of approved products would be expanded to include those items commonly found at the Delray GreenMarket. These include vegetables, fruit, baked goods, eggs, plants, flowers, specially packaged foods, and licensed vendors with breakfast drinks andlor food. It is noted that many of these products will be sold by green market vendors that do not have .the Delray GreenMarket site available during the June through October time period. This change in products would only be for those months when the Delray GreenMarket is not in operation. 4. Summer Parkin IVendar La out: To increase visibility during the summer season, from June through October, the layout would be modified to make room for vendors at the corner of NE 4th Avenue and NE 1st Street. Since this is just a shifting of functions, the overall number of vendor spaces will remain the same. Although the parking will be reduced by 4 spaces, the remaining 37 spaces are adequate for operation of the ArtsMart. The summer layout has been attached. All other elements of the project description and conditions made by the City Commission with the February 2, 2010 approval would remain the same. Letters of support from the Pineapple Grove Arts District Board and two green market vendors have been provided with the application. Additionally, an email from the CRA director has been provided, stating that there would not be a conflict with the Delray GreenMarket, provided that the ArtsMart be re-established as strictly an arts market when the Delray Green Market reopens in October. RECOMMENDATION City Commission Discretion. The following alternative actions are provided for consideration: A. Continue with direction. B. Move approval of the request for modification of the Temporary Use Permit for the Village ArtsMart at 113 & 115 NE 4th Avenue, to allow operation on Saturday and Sunday, between the months of June and October with hours between 8:00 AM and 1:00 PM, subject to the following condition: I. Except as modified herein, the ArtsMart must be operated in accordance with the applicant's original description. Deviation from these requirements, without City Commission approval, may result in revocation of the Temporary Use Permit. C. Move denial of the request for modification of the Temporary Use Permit for the Village ArtsMart at 113 & 115 NE 4th Avenue, to allow operation on Saturday and Sunday, between the months of rune and October with hours between 8:00 AM and 1:00 PM. http:/Imiweb001/Agendas/Bldesheet.aspx?ItemID-3391 &MeetingID-262 6/l l /2010 w ~ ~- ~ ~ ~ ~ _ _ ~ ~ ~ ~ Q Q o ~ ~ ~ z w ~ N ~ ~ p W W L~J IY Z Il- 3.i- N.E. 2ND ST. r ~ ~ ~ o ~ ~ z z ~ ~ ¢ m m w z ~ _ _ ~ ~ ~ ~ ~ ~ ~ w cS © ~ z w t/? Z N.E. ~ ST ST. Lei p O z z z ~ ~ _ _ vi ~ ~ ~ Z A T L A N T I C A V E N U E ~r o .. N S~B~~~ ARTS MART r ~ ~~ pROPErzn 4 's ~- r~ PLANNING AND ZONING ~ TEMPORARY USE PERMIT . '..` ~ % oEPAR~r-~eN~r LOCATION MAP --- DIGITAL BAS£ MAP SYSTf~M -- MAP REF: S:\Plann'sng do Zoning\D9M5\Flle-Cab\Z-LM 1001-1500\L.M1165~4rts Mort f_rt G. [,°T'Y . ~~' 4? .'' r '. ~- ~. ~' q,~- N DESCRIPTIQ~i ~ L4CA`TI4~I The VILI..AGE ARTSMART is proposed for the NE corner of NE 4~ Ave and NE 1 sr St. The center lot will be the vendor location. The parking lots to fhe North and South wilt serve the patrons. The vendor lat will be sectioned into ~0 spaces, of approximately 10'x10', with a curved walls space delineated from the sidewalk on NE 4 Ave to the Alleyway. Markings on the pavement will be done with chalk, or other removable medium. Putted plants, sections of picket fence, and the established trees will serve to enhance and develop a pleasant, inviting venue. - PURPaSE The cottage at ll ~ NE 4~` Ave, on this center lot has been used as a studio and storage fur 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 start-up artists have difficulty finding space tca show and sell, in a community-type setting. Support, cammutticativn, reinforcement and camaraderie are valuable entities that can be achieved in such a market community. - SCHEDULE Open for the Winter Season, as described by the Delray GreenlVla~rket. Saturdays and Sundays from noon to sunset, starting 2010, on Febnzary b and ?. ~ MANAGEMEI~I`I' The VILLAGE ARTSMAItT will be managed' and administrated by the Delray Art Coalition. More specifically, a group of volunteers with these common. goals. lj to repurpose this location, 2j 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 ArksMart Manager or members of the I3ekayArts Coalition will collect fees, direct set up, and decide any immediate issues affecting the overall market. PRODUCT ELIGIBILITY - P~ADUCTS ~ . All items to be sold within. a booth must fall in I, and OIiiLY 1 of the following categories: Jewelry, Pottery, Sculpture, Paintings, Photography, SoapslCos~netic/Waxworks, Ceramics, Clothing/Accessories {excluding Jewelryj, Woodwork, Paper Goods, Glass, Metal Works, Recycling Art, Cloth Art. All items must be hand/home-craned and represented by the artist on-site. No mass produced or manufactured pieces. Applications must be submitted to the ArtsMart Manager with pictures of their work. Approval must be received before registration is allowed. Product eligibility is not a guarantee of acceptance to the VILLAGE ARTSM~RT. - '1TEI1ID4RS Vendors with Delray Beach addresses wi11 be given space preference in times of limited availability. The Delray Arts Coalition encourages and welcomes nonprofit and community organizations to use the market for fundraising opportunities on a limited scale. They would be subject to all standard vendor rules anal regulations but would be exempt from space rental fees. - INIwL,1CIBILITY 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 maybe subject to removal from sale by the on-site Manager. V'I~NI]C?R,POL[CIES - APFLIGATIQI~I ANU R~CISTRATION An application form 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)Gverall display. Registration is required to reserve a space on a date(s) specific. Application approval ~ required, before a registration can be made. The Delray .Arts Coalition maintains the right to approve or deny ArtsMart vendors in its sale and absolute discretion. - BQOTHS AND PRl~SI~NTATIaN Vendors are responsible for creating a professional and visually attractive presentation. The ArtsMart Manager reserves the right to request hnprovements in displays if necessary or relocate booth space. All booths measure approximately 14'x10'. Sharing and subletting is not eneouiaged, but can be discussed with the Manager prior to the date of display. Vendors are urged to bring canopies, tents or umbrellas. They must be properly weighted. and must be relatively wind resistant. They must be white or neutral in color. Tarps, cloth, plastic sheets are not a~.owed for shade yr protection from the elements. All tables require skirting and display a sign with vendor's name andfor company name. Ground displays are solely for those items that are specifically crafted for floors, lawns or ground. - INSUR,AI\[CB 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 on the market site. Vendors are not covered for damages customers may claim from their products or business losses. - PARKING Vendors may park in the customer parking zone surrounding the market during set- up and take-down, but must vacate the pedestrian zone at 11:45AM. 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. Wzth owner's permission, vendor parlang maybe available behind the businesses an NE4~' Ave off the alleyway. - SMOKING A1~D ALGOHOL~G B~VIwRAC~~S Vendors are not allowed to smoke in the Market lot ar allowed to be under the influence of alcohol or drugs during ArtsMart hours, nor should have any on the premises. - GLEAN~JP Vendors will be responsible for all garbage, trash and equipment removal from their space. 1]I~LRAY ARTS G~3ALITION RESPONSIBILITI S The members of the Coalition will have the responsibility of naming a ArtsMart Manager for each season, He/She will do or relegate such tasks as scheduling, application approvals, space assignments, praamotion and advertisement, collection of fees . The Manager also will be responsible for enforcing the ArtsMart Rules. Dn the days of display an on-site Manager or designee will be available during the hours of operation. The Coalition, its staff and 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. . MISGELLANEOUS - Na games of chance. No sale of alcohol. No distribution of religious or political materials. Radios, CD's or sound distractions are pxvlubited. j"`~ ~f.R. `fit 1.; ii ?itr' IC`_ l ~F 1~~, ~` ~~~ ~1A'(~ ~ ZoiO ~ , L_ i"'in~applc ~€~~ve Arty i~i,~ric:t ~~~~L ~~ nth Av~rZ~.€~ - C)~€ray f~~:~~:h, ~I ~~~~~ Nir. ~'~r€I L~c~rlin~ F~l~n€~ir€~ rsci ~c€nin~ 1 ~~ i~~ i Avg€,u~ D~Ir~y ~~~ch,~=1 ~~44~ D~tP_ al~~l`i~3 ikl~j~ ^~ ~K ~'Rr~jz~ ~... . q ~n c.. ~~ n,.,cc-.~,.~rn.~,`= err:. ~'!'~~ ~Iti~~.~~~r~ ~:?[s~t%~ ~`';~£; ~ji~~i"it~4; ~~4C~y7~.1~i14E? E~,~~~~~ ~?`01~;7~?~~~~~ t~j~i k~c~i:€€ii{,~~-E ~~ ~~=i5' 3~~I~~i~~3 Ar$~~/{c~r~ In'~O this ~€..€1Tt31'I~C, Vl~l+h ~i~~rt ~?'€~rli~~ fyp¢ V~C3~Q1"~. l~lith ~h~ U1`1~`~i'~~~Ctf~ln~ ~h~t in the fail Phis ~ar~F?~€~€ent ~~~ill c,~:~~~. Erom: elenamefzkes c~comcast.net Sent; Wedrresday, May 19, 201©5:10:52 PM GMT -05:00 U5/Canada Eastern Subject; Re: Oelray Sommer ARarlcet 1 am very interested in the green market for the summer months, please, keep me informed. Thank you, Elena Metzkas. ----- Forwarded Message --._ From; "Van l3oscove" ctheorchiddoctor~msn.com~ To: togusdresm[dlcamcast.net Sent: Wednesday, May 1 S, 2010 337:40 PM GMT-t35:t71) U5/Canada E=astern Subject: Re: Delray Summer Market To whom it may concern, Yes, The Orchid Docfar would be happy to participate in the summergreanmarket ! thJnk ft's g greot lrles, li would hefp aurlocal patrons. Thanh You, t/an 8oscowe The Qrchid Doctor www.fheorchlddactor. corn j 5martZox-e Camrnunications Center Collaboration Suite togusdream cc conr~ea~.net Arts Mart Wednesday, May ~ 9, 200 4:~5:061'M i~ro~u: Colonna~~}=delraybeaci~.co~u Ann, As we discussed yesterday by ph©ne, yc~u are seeking permission from the City tc~ extend the ,Arts Mart through the summer months, and to broaden the types of vendors you have in order to attract rriore patrons. You have invited same of the Green Market vendors to participate, Since the market is closed anti! next season. Green Market Manager Lori Nolan and !have discussed your idea and agree that there would not be a conflict with the Green Market, provided that there is a cammitrnent on your part to re-establish Arts Mart as strictly an arts market in the fall {starting in October). We would otherwise be concerned that there would be two similar markets selling produce and food items operating within a couple of blacks of each other. f~lease be advised that this email in na vvay represents the CRA board's recamrr~endation of approval far your market, if the P& Z Department determines that such a recommendation is required. Good !tack, Diane Deane ~olanna ~'xecutiYe Director C`ortamutz}tyRedeveloprnentAgency 20 N. Sw.intan Arreraus DelrayBeaeh, FL 33444 0561) 27fi--8640 colanna m delra beat a Under F}otrda Ia w, e-,rnail adr}resses are prrblrc records. If you do not wa~~t your e-mai} address released rn response to a public records request, do not seed e}ectronic mail to tla,is entrty..Instead, contact this office by phone or in uTr}ting. Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 10, 2010 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OP J[1NE 15 2010 LICENSE AGREEMENTICOMMUNITY REDEVELOPMENT AGENCY ITEM BEFORE COMMISSION Commission is requested to approve a license agreement with the Community Redevelopment Agency for the rental of off ce space in City Hall. BACKGROUND The CRA is in need of office space for employees for tl~e Creative City Collaborative and meetings. The attached agreement was prepared by David Tolces and reviewed by our City Attorney. The request is to lease two (2) offices {approximately 430 sq. ft.) in City Hall per Exhibit A of the agreement from June 15, 2010 through June 14, 2011. Other highlights are as follows: . The CRA would pay the City Three Hundred Fifty and 001100 Dollars ($350.00) per month rent. . The CRA will be responsible for any telephone or computer cabling required to make the space useable and will provide telephone and computer equipment, furniture and other office equipment unless otherwise provided by the City. RECOMMENDATION Staff recommends approval of the proposed license agreement between the City and the Community Redevelopment Agency for rental of office space at City Ha11. http:l/miweb001/AgendasBluesheet.aspx?ItemID=3405&MeetingID-262 6/11/2014 LICENSE AGREEMENT TT3IS TS AN AGRET+.MENT, made this day of 2010 by and between: THG CITY OF DELTtAY BEACH; FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "CITY" and THE DELRAY BEACH COMiYIUNTTX REDEVELOI"MENT AGI+aNCX, a public agency authorized pursuant to Chapter 163, Florida Statutes, hereinafter referred to as "CRA". . WHEREAS, the CITY and the CRA desire to enter into this License Agreement for the p~upose of providing office space for CRA employees at Delray Beach City Hall located at 100 NW is~ Avenue, Delray Beach, Florida 33444, more particularly described in Exhibit "A", ~xrhich is attached hereto and incorporated herein by reference (the "Premises"); and WHEREAS, the CRA shall use the Premises for office space for the CRA employees who shall be working on matters related to the Creative City Collaborative, which is consistent with the CRA's Redevelopment Plan, and shall support the CRA's efforts to eliminate slum and blight within the Conunltnity Redevelopment Area WHEREAS, this License Agreement serves a municipal and public purpose, and is in the best interest of the citizens and residents of the City of Delray Beach. NOW, THERET4'OTtE, in eonside~•ation of the mutual promises set forth herein, it is agreed by and between the CITY and CRA as follows: 1. DESCRIPTION OF THE PREMISES CITY hereby grants to CRA the right, license, and privilege of occupying and maintaining an office. on certain CITY owned premises and improvements located at 100 NW ls' Avenue, Delray Beach, Florida as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Premises" or "Property") subject to the terms and conditions set forth in this Agreement. 2. COMPENSATION CRA shall pay in advance to the CITY, without prior demand, in lawful money of the United States, on the first day of each month, without any deduction or off-set whatsoever throughout Page l of 7 the term of this Lease, Three Hundred Fifty and OQI100 Dollars {$350A0). Such payment shall be made at the office of the City's Finance Director, or at such place CITY may from tune to time designate by written notice directed to CRA. Na security deposit is required. ~. TERM This Agreement shall commence on June 15, 2010, and terminate as of June 1 ~l, 2011, unless terminated prior to said date as provided far herein, and shall be renewable thereafter upon mutual consent upon the Parties. T'he CITY and CRA may renew this License through the execution of a written amendment to this License executed by both parties. 4. USE OF PREMISES A. CRA shall use and occupy the Premises only for office use for the CRA's Creative City Collaborative employees and meeting space in connection with official business of the CRA. The Premises shall not be used for any other purpose whatsoever without the written consent of the CITY. CRA covenants that it will not, without written consent of the CITY, permit the Premises to be used or occupied by any other person, firm, entity or co~.poration other than CRA or its agents. CRA further covenants that no nuisance or hazardous trade or occupation shall be permitted and nothing shall be kept in or about said Premises which will increase the risk of any hazard, fire or catastrophe, and no waste shall be pe~~nitted or con~rnitted upon or any damage done to said Premises. CRA shall not permit the licensed Frenrises to be used or occupied in any rxaaEarier which will violate any laws ar regulations of any governmental authority. B. The CTZA shall be responsible for any costs associated with the installation of teleconarnunication lines necessary to operate telephones and computers within the. Premises. Unless provided by the CITY, the CItA shall be responsible for providing office furniture and other equipment needed for the CRA's use of the Premises. Any other interior improvements made to the Premises shall be at the CRA's own costs, subject to the City's prior written consent. 5. ASSIGNMENT CRA shall have no authority to assign any portion of the Premises during the Term of this Agreement. Should CRA attempt to assign this License, then the License shall be terminated forthwith without prior notice to CRA. 6. DAMAGE TO PREMISES CRA agrees that all personal property, inventaiy, or stock placed on the Premises shall xemain the property of GRA, and shall be placed on the Premises at the risk of CRA. CRA shall give the CITY prompt written notice of any occurrence, loss, incident or accident occur•~•ing an the licensed Premises. 7. INSPECTIONS Page 2 of 7 CITY, its agents, or authorized employees may enter upon the Premises at all reasonable times and hours, to examine same to determine if CRA is properly maintaining the Premises according to this Agreement. $. INDEMNIFICATION To the extent that personal property is placed on the Fremises, it is at CRA's sole risk. CIZA is a state agency or political subdivision as defined in §'368.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by lave. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity maybe applicable, Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be seed by third parties in any matter arising out of this License Agreement or any other contract. 9. INSURANCE The Parties hereby acknowledge that CRA is a state agency as defined by §7G8.28, Florida Statutes, and is self insured. 10. MAINTENANCE OF LICENSED PREMISES AND UTILITIES CITY agrees to provide janitorial services and electricity to the Premises at no additional cost. CRA shall be responsible for providing and paying for all costs associated with a~ay interior improvements, telephone and facsimile equipment, and any utility costs and expenses associated with equipment placed on the Premises by CRA. The CRA agrees to maintain the Premises and all personal property placed thereon in accordance with the terms and conditions of this Agreement and consistent with prudent and well-reasoned maintenance procedures and techniques. 11. AMENDMENTS It is agreed that no modifications, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12. ST..TRRENDER UPON TERMINATION Upon the conclusion of the term, or upon termination of this Agreement, CRA agrees to peaceably surrender and deliver the premises to the CITY in substantially the same condition as it was delivered to CRA at the beginning of this Agreement, ordinary wear and tear excluded. Furtherimore, CRA agrees to remove from the Premises at their e.rpense, any personal property or inventory placed therein. Upon com~pleiion of removal the condition of the Premises shall be safe and not a hazard. l3. WAIVER Page 3 of 7 Failure of the CITY to insist upon strict performance of any covenant or condition of this Agreement, or to execute any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right, but the same shall remain in full force and effect. 14, TERMINATION This Agreement may be terminated by either party during the term hereof upon ninety (90} calendar days written notice to the other of its desire to terminate this Agreement. 15. INDEPENDENT CONTRACTOR This Agreement does not create an employee%mployer ~•elationslrip between the pa~•ties. It is the intent of the parties that the CRA is an independent cantractor• under this Agreement and not the CITY's employee for all purposes, including but not limited to, the application of the Fair Labax Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Secuitity Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. The CRA shall retain sole and absolute discretion in the judgment of the manner and means of carrying out CRA's activities and responsibilities hereunder. The CRA agrees that it is a separate and independent en#erprise fronn the CITY, that it has full opportunity to find other business, that it make its awn investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be conshued as creating any joint employment relationship between the CRA and the CITY and the CITY will not be liable for any obligation incurred by CRA, including but not limited to unpaid minimum wages andlor overtime premiums. 15. NOTICES Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, hand delivery or facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. Notice sha11 be deemed to have been given upon receipt. For the present, the CRA and the CITY designate the following as the respective places for giving of notice: CITY, David T. Harden, City Manager City of Delray Beach 100 NW 1ST Avenue Delray Beach, Florida 33444 Telephone No. (551) 243-7010 Facsimile No. (551} Page 4 of 7 Copy To: R. Brian Shutt, City Attorney 244 NW lit Avenue Delray Beach, Florida 3344 Telephone No. (561) 243-7490 Facsimile No. (56I} 278-9755 CRA: Diane Colanrza, Executive Director Delray Beach Community Redevelopment Agency 24 N. Swinton Avenue Delray Beach, Florida 33444 Telephone No. (561) 276-8640 Facsimile No. (561) 2768558 David N. Tolces, Esq. Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 240 Fort Lauderdale, Florida 33308 Telephone No. (561) 276-9400 Facsimile No, (9S4) 771-4923 17. BINDING AUTHORITY Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execzzte this Agreement on behalf of the party for whom he or slre is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 18. LAWS AND ORDINANCES The Patties agree to observe all laws and ordinances of the CITY, county; state, federal or other public agencies directly relating to the operations being conducted on the Premises. 19. SEVERABILITY If any provision of this Agreezxzent or application thcreof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enfoxced to the fullest extent perzxzitted by law. 20. GOVERNING LAW This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. Page 5 of 7 21. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the CITY and the CRA and supersedes all prior negotiations, representations ar agreements, either written or oxal. IN '47VITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: CITY QF DELRAY BEACH, FLORIDA City Clerk Approved as to Form: City Attorney ATTEST. Diane Colanna, Secretary By: Nelson S. McDuffie, Mayor CC)MMI:_TNITY REDEVELOPMENT AGENCY By: Howard Lewis, Chair STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing ix~strumel~t was acknativledged before me this day of , 2D by as (name of officer or agent, title of officer or agent), of the Delray Beach Community Redevelapmer~t Agency on behalf of the Delray Beach Community Redevelaplnent Agency. He/She is personally known to me or has produced (type of identification) as identification. Notary Public ~- State of Florida H:12p061460618 BSCAA1AG14iT 201 D1City - CRA Lieense Agrccmcnt (CCC Qftice Space)REV l .doe Page 6 of 7 G 3° G a~~d R C~ .~ k Fs ~: O O .~ V ~ _=-__-- t i ~ ~ i i E r i ~ E i s E i s E t i E i ~ i E a J a a --.~ -~ sNV~wxoo~acrxo~rs~.rsxe~ s,; !s':~~e r~~ i9itri59(i9S}xad ~QlirL64 [i9S1'4d I I 'r ~ ;(~ ~ os ~ i gay'H'ItyUAAO~+[ ts~ t'~~,.;~E~ 1, gQ}~£id'q~$m15i1~+ii1 ~~ a ~ '-` ~~~ ~. s€k~~~%~t~~~~ a~~ 'Pe1sI~fi~D3099i ~ i ~~ _ j i I ~ ~ I t ~aa :c-->•rscaixoac. I;~t€~jf,.~j3 n. E ,~~ i upuveo~rmu ~ °~~~ .ra~r~adu z rr ~ t~ii~;~ =~~;a~ = j 'Y'd 'S9~t~J~(ISSV ~' ~TII{',~ {liAVa !I ~~ €__ Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: City Attorney DATE: June 8, 2010 SUBJECT: AGENDA ITEM 9.D. - REGiTLAR COMMISSION MEETING OF JUNE 15, Zp10 OFFER OF SETTLEMENT OF BOWLING GREEN INC. OF PENSACOLA V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION Offer to settle a complaint filed by Plaintiffs, Bowling Green, Inc. of Pensacola with the Department of Housing and Urban Development against the City of Delray Beach. BACKGROUND This is an offer by Plaintiffs to settle a case pending against the City. The case involves a complaint of alleged discrimination on the basis of handicap filed with the Department of Housing and Urban Development ("HUD"). The case was filed in September, 2009 and it alleged that the City's Reasonable Accommodation application requirements were discriminatory because they required Plaintiffs to give the address for the location where the accommodation was requested which Plaintiffs alleged violated 42 U.S.C. §290 d.d., which provides for confidentiality of identifying health information for patients undergoing treatment for drugs and/or alcohol addiction (similar to the requirements of HIPAA}. We amended our Reasonable Accommodation application requirements to exclude the address for those entities covered by 42 U.S.C. §290 d.d. in January, 2010 via Ordinance OS-10 and Plaintiffs are now claiming that they are entitled to "Frustration of Mission" Damages (meaning they allegedly had to divert their time and funds to pursuing legal matters as opposed to treating patients) in the amount of $11,665.00 and attorney's fees in the amount of $39,840.00 and are therefore willing to settle the HUD case fox a total of $51,505.00. If we choose not to settle the HUD Complaint, a determination of either "cause" ar "no cause" will be made by the HUD investigator. If the investigator finds "cause" for discrimination on behalf of the City of Delray Beach, then a HUD Administrative Law Judge will hear the case unless either party elects to have the case heard in Federal Civil Court. If the case goes to Federal. Court, the Department of Justice will represent the Plaintiffs and if the court fords that a discriminatory housing practice has ar is about to occur, then actual and punitive damages may be awarded along with attorney's fees. If the matter proceeds to the Administrative Law Judge, without either party electing to move it to http://miwebD01/Agendas/Bluesheet.aspx?ItemID=3394&MeetinglD-262 6/11/201 D Page 2 of 2 Federal Court, then the Administrative Judge, if he/she finds that housing discrimination has occurred or is about to occur, can award a maximum penalty of $11,000.00 per violation, for a first offense, in addition to actual damages, injunctive or other equitable relief, and attorney's fees. If a finding of "no cause" is made, then the Plaintiffs may pursue the mattex fiirtlier in Federal Court against the City on their own. RECOMMENDATION At your meeting of Apxil 20, 2010, you authorized oux office to hire outside counsel to handle this case. We conferred with attorney, Matt Mandel of Weiss, Serota, Helfinan, Patoria, Cole and Boniske regarding Plaintiffs' offer of settlement and Mr. Mandel recommends denial of Plaintiffs' offer at this time. htip://miweb001 /AgendasBluesheet.aspx?ItemID=3 394&MeetingID=262 611 1120 1 0 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: rune 11, 2010 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF J[)NE I5 2010 CONTRACT AWARD/SUNGARD PUBLIC SECTOR INC. ITEM BEFORE COMMISSION The item before Commission is a contract award to SunGard Public Sector, Inc. for a Public Safety Software System (RFP No. 2010-OS) and approval to pre-pay the SunGard HTE maintenance payment for the period of 10/1/2010 to 913012011. BACKGROUND At the March 2, 2010 Regular Meeting, the Commission authorized staff to begin contract negotitations with SunGard for a public safety software system. The Commission expressed concerns about the project budget since SunGard's proposed cast of $1.388 million exceeded the available budget at that time of $1.15 million. As discussed at the June 8, 2010 Commission workshop, staff negotiated an additional contract discount with SunGard, which when combined with other changes, results in a cost of approximately $1.15 million based on several conditions: 1). A contract is signed by June 30, 2010 2). The City pre-pays the maintenance cost for the Public Safety components of the current HTE system prior to July 1, 2010 at a cost of $105,815. This maintenance will cover our current system for the period of 10/1/2010 to 9130/2011. 3). The SunGard maintenance payment for the new system will be due on 10/1/2011 at a cast of $226,265. At the June 8 Workshop, staff also informed Commission that we were no longer planning an additional site visit for the Firehouse software. The in-state client that we were considering for a site visit was not using the system as we plan to use it. Staff will be conducting a conference call with an out-of--state Firehouse client to discuss their experience with the program. Also, Fire-Rescue staff evaluated a demonstation copy of the software and was satisified with it. httpa/miweb001 /AgendasBluesheet. aspx?ItemlD--3413 &MeetinglD=262 6/11 /2014 Page 2 of 2 The pricing summary from the June 8 Commission workshop meeting is attached. Based on the attached summary pricing, the SunGard software cost, including implementation, is approximately $883,000 (which does not include the City-provided servers from Dell which is a separate item on the June 15 agenda). Staff is working. to finalize the contract documents. Final pricing, contract information, and any outstanding issues will be presented at the June 15 Regular Meeting. FUNDING SOURCE Funding for the project is available in 334-2111-521-66.10 and will be allocated to other accounts {such as hardware) as needed. RECOMMENDATION Staff recommends approval of a contract award to SunGard Public Sector, Inc. for a Public Safety Software System (RFP No. 2010-OS) and approval to pre-pay the SunGard HTE maintenance payment for the period of 10/1/2010 to 9/30/2011 prior to July 1, 2010 at a cost of $106,815. httpa/miweb0011AgendasBluesheet.aspx?Item.IDW3413&MeetingID-262 6/11/2010 O r-1 a ~o d 'i fC `Z a u 0 u u N .~ a QJ R 0 Y 7 a "[3 m v~ ~ N ~ ~ i ~ a \ U c ~ +-~ _ ~ C m ~ .F+ 3 Lp In L ~ ~ f0 L O .y, O ~ lJ O ~ . ~ ~ 7 c N ~ ~ 41 ~ O ~ N " a ~ ~ ~ o ~ .~ ~ ~ t7 ~,o ~ ~ ~ 3 ~ ~ ~ ~ • ~ "O V '~' 7 N 7 Q C • n Q ~ C m ° ° O~ v, v1 g ~ a ~ U p ~ ~ wo ~ i.. }- V cn 0J ~ G1f v C G ~ ~ ~ ~ c ~ ,v ~ ~ a -~ ,n a~ <°n 'C ~ ay °2S m -~ o c ~ a ra v o ~ ~ ~ ~ a ~ v + ' ~ U ~ U N ~ ~ f0 L 7 !0 A ~r J Z ~ U a :.~ E- Q~ CJ Q to 0 0 0 0 0 0 0 0 0 0 0 C) 0 0 0 0 .--~ N m 0 0 0 0 0 0 o O 0 0 0 Q< o O c7 ~ m m m tD ~ Ci vi ~ Ci C) O C) O ors Ci trs C) ~ ~.ri Gn ~ r: ni Qi +~ o ch en o C3 en u-, o o rn ~-, oo Q Q ~n u~ h a ~ ~ o N ~ En o N n O N O m tD n O N n m o o ` v ~ iri m vi ~ ~ ai mot' r~ ~= m o" o o rri m n ui ~% r-i ~ n .-I ~O rn ~ oo ~-~+ ~+ ~ r-i o ~n ~ N ~ ,,-, ~n oa: ~rf ~ N N n ,-I n .1 C4' rE N -: op N: H L4 .6 O O O O O O O O C O O O O O O O O C Ci ~ri u~i o a o 0 o c ~, o cr ~n O o ~n u~ O c y n oo .-{ CJ cD n N N C O ni ri ~ vi ~ m ~ ~# r U N ~r] e-1 lD Q1 00 ut H C d N N n H u. t!~ i/} i/} t/~ I <h i!~ ih i!~ i/ 0 ~ a~i ~ a ~ ~ ~ QJ ~ ~ ~ ~ v ~ ~ w „y w N u ~ ~ ~ a~ cu ;,~ U U ~ N --~ - ~ d "~ -° w O , f, U ~ ~ _ ~ m ~ U v U_ •~ N '~ ~ cn v' ~- ~ s ~ ~ ~ ~ .~ v~ N ~ p ' ~ O ~ ~ S Q d ~ ~ C ~ ~ ~ a ; O U ~ ~ ~ C ~ I t!} t!} L tn: l ~t/} t!} ~ i 0 0 0 0 0 0 i O O O O O O i 0 0 [? 0 0 0 i O N -00:. Q O oQ i 1.17 .-i m 41 N N ov m -F:n m o m ct ~ 'o m CY n ~ n ` ' ~ ~ ~i " ;'ss ;;' ~-= Y C ~ ~ ~ 0 0 v, u Q a ~ °~' ~ ~ ~ ~ ~ E ~ ~_ ~ ZI .~; ~,. ~ a~; ~ ~ ~: ~ 4= 7 0 0 ~J 3~ L i` ~ V LL ~[I~ .--I ri ~] tD m Gi 0p OQ 0o a0 0o a0 m m ri ~I I~ v J b [Q- c O p a u; z ~ ~ ~ 0 Q ~ ~ ~ -a ~- a ~ ~ na .~ o ~ ~ 'j .~z ~ ~ a~ ~ ~ ~ 77 U ~ 7 ~ 41 L ~ ~ N ~ ++ .N O Q- d Q ~ U U Ul ~ ~ Q t Y S L •3 ~ Q 4.- '' ~ ~ ~ ~ ~ ~ ~ ~ ro ~ ~ to ~ e~i~ ifs fv ~s ~;, d N a~ ~.. N ~ dA .6 3 p m ~ °~ -c a s d LL ~ V Lt0 .~ LhLI O ~ ~ o "{S y L ~ i-~ U ~ .~ ~ ~ ~ ~ ~ 3 .~ ~ L H ~ CYl r 0 ~, O Q ,w '~ v Q U ~ `° O 0 o Q Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 11, 2010 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF JUNE 15 2010 CHANGE TO THE PROCESS FOR SELECTION OF ADVISORY BOARD MEMBERS ITEM BEFORE COMMISSION The item before Commission is to provide direction regarding the possible use of a questionaire to help in the process for selection of advisory board members. BACKGROUND When discussing advisory boards during Commission Goal Setting/Strategic Planning this year, it was suggested that it might be helpful and beneficial if board applicants provided responses to some additional questions beyond the facts collected by our current application form. Attached is a draft Advisory Board Questionnaire for your review and discussion. We could have applicants complete the questionnaire along with our current farm, or the questionnaire could be used by Commissioners during an oral interview. Additional questions can be asked by Commissioners based on the person's submitted application. Staff also completed the attached survey of surrounding municipalities as well as Dubuque, Iowa regarding how board members are selected for appointment You will see that a number of cities interview applicants at Commission meetings. Prior Commissions in Delray Beach decided not to do that because it sometimes put both the Commission and the applicant in an uncomfortable situation. RECDMMENDATION Commission direction regarding possible changes to the advisory board member selection process. http://miweb041/AgendaslBluesheet.aspx?ItemID-3417&MeetingID=262 6/11/2010 ADVISORY BOARD QUESTIONNAIRE 1. How long have you lived in the city? (Where applicable) 2. Have you served nn board(s) previously? if so, what were your contribution(s) to the board{s)? 3. Have you ever attended a meeting of this board/commission? 4. Why are you interested in this board? 5. Now does your education or experience complement the powers and duties of the board/commission? 6. What direction would you like to see this board/commission go? What suggestions do you have? 7. Are you aware of the City's adopted vision and goals for the future? If so, what is your opinion of the vision and goals? L ~ O L ~ ~' O L ~, O 41 f~J! O ~, aC O ~ ~ ~ ~ •~ O ~ L L O d O L O ~ ~ ~ ~ L ~ •Q !I} ~ ~ N ~ ~~ L O O ~ N O 3 ~~ ,~ N G)~+ L ~ CSf Q©I {A++~ ~ ~ ~ O fA L tl} 'a N tl} ~ ~ .~ ~~ LC (6 v, E ~' o~a ~' o ~ts~o~ ~ ~ L ~ ~ O ~ ~ L {Q a~ ~ ~ O ~ ~ ~ ~ ~ O O ~ t U = - L r + ~ L iZ +~ .N •~ E~ ~ a ~ ~ ~, ~ ~ cc ~ _ t ~a~~ .o ~ o m s _c ~ ~~., ~ c v~ ~.~ o ~ ~s~~U= o ~~'. ~ • • y ~ ~ U ~ O ~ ~ Q ~ ~ U ~ ~ ~ ~ ~ o~ O ~ ~ L ,oo O L O O rr I4 +~a~o Q} ~ ~ ++ ~ ~E ~ O ~ ~, O ~ ~ O O V1 M~ O a a~ ~ E ~ + Q~ ~ ~~~~ ._ ~ ~ oY ~ 3 ~ .... o o s o~.~ ~~ a o ~, a ~ ~ '~ _ ~ ~ ~ ~ ~ ~ _ ~ ~ O L a +~ ~ N O ~ L ~ ~~N ~VcaU~ N+~~°~ AL U} ~°'~ Q a.~n~v~~E- ~' a V ~ ~ N O {a X S fl. ~ ~,, L N O ~ ~ ~ Z ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ ~ O ~ C ~ ~'_ ~ ~ (f} ~~ ~~,~ ~ ~ ~a~ V ~ y ~ U U ~ N ~` ~ ~ ~ O t/} O ~ N '~ U ~ N L ~ Q1 H Q O ~ ~' ~s ~~ " U ~ ' ~ ~ ~~ ~ = `~~~' ~ ~ ~ a i = - ~~° ' ~c i~ ~ i a o~ ~ c a O O t {Q O o ~ O ~ ~ ~ m°~•~ ~ ~ °'.~ ~ N N O ~ Q1 "~ • ~ c a~ s U ~ °' ~ ~~ ~ ~'a'•~`~ a i ~3 ~ ~ ~~o o ~ ~.= Q3~~~o~ ~ 3 ~,~ a~ a~~ v, ~ ~_~_ ~~ c~ o ~ ~._ Q ~c~ ~ ~ U Q Q N Q t ~ ~ ~ ~ Q ~ O ~~L O ~ ~ N ~ a~~a~~ ~ ~= v~~O O ~ ~ a~U~ ~ ~ X ~~~~~s~ +"' ~ ~ ~ J a c4 U ~ O ~ ~ v ~ [~ ~ ~ A ~ O• _ Q3 U ~ t~ i ~ ~ ~ m m m O O U' o O O O O O U U U U U U ~ L '~ 43 N - N U1 O N `~ N f6 N O N ~' O ~ s + ''"' (6 ~, O ~ ++ ~ cii ~+ ~ +~ ~ d .N + t .~.~ +~ .. cG ~ ~ ~ ~ O ~ ~ V E v ~ +~ ~ ~ ~ o ~g ~'~ ~~+~voiai coa3oo °a~ Y Ea~ = • V a ~ _ a = ~ ~ -~ ' ~ a~ ~ ~ ~ ~ ~ O ~ ~ U~ ~ ~ ~ t ~ a ~ .U ~ ~ ~ + -~ a ~ °} `~~ ~ ~ t aQ - Nz ~ 3 o ~ `~= a~ a~~ a ~, ~ ~ ~ - o~ o ~ o o a~ s ~ ~ .~ ~ O v ~,~ ~ ° ~ ~ ~o o•~, ~.~. L cc + ~~,~occ o ca-~ c~a c~ ~ E ° ago ~ a~ ~ c o 3 H~ o ~ ~~' c~ ~N , ao ~'"~, o o~~3 cn.~ ~'''' ~ ca~ c~rn a~ ' ~' o o~ ~ ~ O s_ ~ a ~ ;,_,U a o - oLs ca~ o ~~~ o , o ;' ~ o f ~ Uy ~ _ a~ L.~.~ c~c~ ~, ~ o~ Q. ~ ~~o +~ o ~ °s° ;~ o~ o ao ~aE ~~ 0 c ~ a~ a ~a~ ~ , ~ ~ - a~ ~Q ~I-ca y~ ~~a~ ~,~~~ p~ u~a~•~ ~L US ~ O •- L ~ O ~ cC t4 O O ~ O O ~ a p ~ a~ ~ `~ p _ 0 ~ G} ~ °' (~ ~ ~ = U ~ O ° • ~ ~ ctf U N ~ O O c6 ~ U O tL ~ O O ~ -a O ° ~~ ~ ~ ~ i+~ a V ~ ~ >c~ - . g o o O ~ ~ '"" tea,, N O c~ ,~ J o._ c4. O .~ c~ a L ~ ~ ~' • ~ a - o~o ~ ~ ~° ""~ ~~ ~o ~ L ~ ~ ~a ~ Y ~ a ~ C ~ ~ O p Q 7, ~ Q. (a ~ ++ ~ ~ ~ ca a 3 •~ ~ ~ ~ O ~ ~+ ~ ~ ~ •- ~ ° ca ~ _ O H ~ O U m i ~ ~ .~ ~ N cn ~+ W o ~ Q~ L a~ ~ ~ Y O N *'' cns ~s L~ '`'"` ~ VJ ~ V1 _ O O O ~ ca cu O ~ ~ ~' C c" ~ + o ~ ~ ~ ~ ~ L ~ oi `~ ,~ o o ~ N~ ~~ ~ c o ' ~ v, ca ~ c a ~ ~ ~ •~ ~ a~ a~ o. ar ~ o ~~ c~ ~ c~ w 3 ~~,~' ° o ° ° a~ a~ n c~ ~ a„ ~ c~ h- h- cc 1-~ ~ Qa QU cu l-HLcaE U3aU F~ ~`~~ caE 0 v C? m U ~ _ ~ ~ y ~ y ~ ~ m LL G ~ ~ +~+ ~ 2 2 •7 J c4 J J O O O O ""`~ O D ~ ~ ~ ~ O C C D O O O ' O O F- I- 1- F = U k- H a~vwo~, ~;~ o ~ ~ Loa~3~ ~ ~~~ ~L~ d 3 ~ ~ ~ U ~ ~ ~ ~ _ ~ O ~ ~ ~ Y -Q ~ ~ ~ fG ~ C +' U~~ .X O N ~ L O O ~ O Q O O O U ~ ~ ~ ~ ~ U ca d ~ ~ ~ p ~ ~ ~ U U a i O O ~ ~ L• U ~ L~ O N O *'' y ~ N ~ ~ d 0 0 $~ O L .1.r ~ (~ ~ `! {A N N ° • N O ~ (~ ~ L ~ !'2^ ~ ° `! Q *•' X ~ •~ ~ f^ O S S ~ O ° L O C~ ~' ° O O O ~ ~ {p ~ U w ~ Q.U ca ~, ~ ~ ~ ~ a~ o ~ ~, .... 3•L o~ a; v, ~ ~ a L ~~, a~ ~ o a~~~-_ ~ • j ~ O ~ ~ o~ cn cad •Ci ° ~ ~ d m ~'Q~,° ~ a cs > ~ `~ G ~ = ~ o ~ ~' ~ ' L ~ ~ ~ ~ O Rll (? O g g O Q U1 {/1 O •- O t L U} p~ O = s .~ ~ ~ W O = vi ~ ~; Q ~ O c4 O ~ i 4 ~ ~ ~ .O ~ H [C +' y ~ _ •U ~ ~ ~ d `~ O ~ N •+~' ~ }, ~ L d G? w E i3 O: O ~ t N O O O ~ Q ~ + ~ ~ `~ ~ ~ ~ O O ~ t N ca c~ V a"' ~ o +~ ~ Q ca ~a c 3U ~ ~ ~ v i~ ~ L ca ~~~ N ~ ~ ~ ~ v ~ C (I~ L ~ ~ ~} ~ ~ U •° ~ ~ O L O ~ N ~ ~ 3 V1 ~ ~ C'~ C ~ ~~ ~' ~ ~ 3 ~ ~~ ~ ~ ag o a • °} 0 ~ ~ ~ . ~ ~ ~ a ~ ~ o ti- E _ ~ ~'~ •o O a ~ ° E ~ ~ •3 ~ ° ~•~ ~~ ~ ~ ~ ~ ~ . L ° ~~ ° O ~ t O ~ '~ ~ L t4 ~ ~ L O •w+ _ ~ ' O fG O ~ ~ U N ~ ~ O U . O ~ U~ ..,.~ .~ ~ O~ s O- ~ ~ ~ p O U cn m H O d ~ o _ ~ c~ 3 ~. ~ .~° L O B O +~ ~ ~ O U - ~ Q. ~ ~ ~ ~, Q- ~ L N ~ ~ ~ •Q. U fG ~ O O L ~ O ~ ~ L U ~ 4} ._ ~ N O i ~ ~ o ~ o~ ° U U a~ ~ ° ~ X ~ ~ O ~ H~ ~ v = 3 ~ ° t o c c ~ a i ~ U t ~ ~ ~ ~ m ~ a U ~ a ~ ° ~ m ~ ~ ~ ~ c~ a ~ a ~ a °-' ' ~ o H ~ e ~ ~ o ~ o a~ ~ ~ o a~ 0 ~ ~ a ca ~ ~ ~ ca ~ O U ~ F - ~ U m Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 10, 2010 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF JUNE I5, 2f)l fl DESIGNATION OF VOTING DELEGATE ITEM BEFORE COMMISSION The 84th Annual Conference of the Florida League of Cities will be held at the Westin Diplomat Resort in Hollywood, Florida on August 19-21, 2010. The League encourages each member city to send as many delgates as possible to the conference, and also requests that each city designate one of its officials to cast votes at the Annual Business Session. League By-Laws require that each city select one person to serve as the city's voting delegate. Municipalities do not need to adopt a resoution to designate a voting delegate. BACKGROUND Last year Commissioner Frankel was selected as the voting delgate. The Mayor, a Commissioner, or the City Manager may be designated to serve in that capacity. RECOMMENDATION Recommend designation of a voting delegate to cast votes on behalf of the City of Delray Beach at the Annual Business Session of the Florida League of Cities. http:I/miweb001/AgendasBluesheet.aspx?ItemID=3410&MeetinglD=262 6/11/2010 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 2, 2010 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF .TUNE 15, 201D ORDINANCE NO. IO-10 (SECOND READINGISECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to provide for the acceptance of the resurvey report of the Old School Square Historic District including extending the Period of Significance to 1965 and reclassifying 13 properkies from non-contributing to contributing. BACKGROUND At the first reading on June 1, 2010, the Commission passed Ordinance No. 10-10. RECOMMENDATION Recommend approval of Ordinance No. 10-10 on second and final reading. http:/Imiweb001/AgendasBluesheet.aspx`?ItemID=3376&MeetinglD=262 6/11/2010 Page 1 of 2 MEMORANDUM ~'= TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: May 25, 2010 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF JUNE 12010 ORDINANCE NO. 10-10 ST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION The item before Commission is consideration of Ordinance 10-10 which accepts the recommendations of the Old School Square Historic District resurvey report, including expansion of the Period of Significance (POS) to 1965, and reclassification of 13 properties. BACKGROUND The City hired RJ Heisenbottle Architects, Inc. to conduct a survey of the Del-IdaPark, Nassau Park, Old School Square, and West Settlers Historic Districts from July 2008 _ January 2009. The objective was to survey all properties developed at least thirty-five years prior within each of the aforementioned districts and to identify those which contain both contributing and non-contributing buildings and structures. A historical overview of each area was provided in the final survey report, which was reviewed by the City Commission at its workshop on February 10, 2009. All of the recommendations regarding the Period of Significance extension and property reclassifications for the Del-Ida Park, Nassau Park, and West Settlers Historic Districts were adopted in 2009; the resurvey report for the Old School Square Historic District has not yet been accepted by the City Commission. In 2009, Ordinance 16-09 was prepared based on the resurvey's findings that the Period of Significance be extended to 1965 and that 23 properties be reclassified to contributing. The Ordinance did not pass on 2'~d reading at the City Commission meeting of June 2, 2009, and direction was given to individually poll each property owner directly impacted by the reclassifications. In November 2009, a formal notice was sent to all property owners within the Old School Square Historic District inviting them to a HPB Workshop on December 2, 2009 to review the resurvey, and also to provide additional information about the benefits of historic preservation and the contributing classification. http://~niweb001 /Agendas/Bluesheet.aspx`?ItemID-3361 &MeetinglD=260 6/10/2010 Page 2 of 2 In February 2010, a certified mailing was sent to the 23 property owners which included similar information provided at the Workshop that allowed residents to opt out of being reclassified from non- contributing to contributing. Ten property owners who did not support the reclassification of their own property responded and, therefare, those properties are not being reclassified with this action. Based on the returned forms, Ordinance 10-10 has been created which provides for the acceptance of the resurvey report, extension of the POS to 1965, and the reclassification of 13 properties to contributing. Additional recomtn.endations noted in the report are that listing on the National Register of Historic Places (NPIltP) be sought for the entire district, and that consideration be given to expand the district's southern boundary to SE/SW 4th Street. Additional analysis is contained within the attached HPB Staff Report. Ordinance 10-10 also contains three attachments: Attachment A -Old School Square Historic District Resurvey Report, Attachment B - OId School Square Historic District property list including dates of construction, architectural styles, and classifications, and Attachment C -List of 13 properties to be reclassified. The recommendation for listing on the National Register of Historic Places will be explored at a later date and, if supported, will be adopted by a separate Ordinance. The recommendation to expand the district may be initiated via the next survey of the district at which time the additional research within the "new" area may be completed. REVIEW BY OTHERS The Historic Preservation Board {HPB) reviewed Ordinance 10-10 at its May 5, 2010 meeting where a recommendation of approval was made, on a vote of 5-0. Ordinance 10-10 provides for the reclassification of 13 of the 23 properties originally included in Ordinance 16-09. Therefore, the Advisory Board recommendations far Ordinance 16-09 are noted below. The Pineapple Grove Main Street Committee (PGMS) reviewed Ordinance 16-09 at its .April 1, 2009 meeting where a recommendation of a roval was made. The Downtown Development Authority (DDA} reviewed Ordinance 16-09 at its April 13, 2009 meeting where a recommendation of approval was made with the condition that those property owners who would like to maintain their classification as non-contributing be granted that request. The Community Redevelopment Agency {CRA} reviewed Ordinance 16-09 at its April 16, 2009 meeting where a recommendation of approval was made with the condition that those property owners who would like to maintain their classification as non-contributing be granted that request. RECOMMENDATION Approve Ordinance 10-10, for the adoption of the resurvey report including the expanded Period of Significance to 1965, and reclassification of 13 properties. http://miweb001 /Agendas/Bluesheet.aspx?TtennXD=3361 &Meeting1D=260 6/10/2010 ORDINANCE NO 10-1p AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF OLD SCHOOL SQUARE HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1965 AND RECL..ASSIFYING 13 PROPERTIES FROM NON CONTRIBUTING TO CONTRIBUTING, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. WHEREAS, the City retained RJ Heisenbottle Architects, Inc., to resuLVey the Old School Square Historc Distract and the City Commia~;on accepts the survey recon~dations to extend the Period of Significance, consider extending the district southward to SE ~~' Street, and seek listing of the district on the National Register of Historic Places; ancli WHEREAS, the Old School Square Historic District was originally cle`Signated and placed on the Delray Beach Local Register of Historic Places in 1988 with a Period of Significance spanning from 1$98 to 1943; axed, WHEREAS, RJ Heasenbottle Architects, Inc. resurveyed the Old School Square Historic District and those properties originally classified as contributing for continued significance and maintenance of historic integrity; and, WHEREAS, RJ Heisenbottle Architects, Inc. resurve3ed the OId School Square I~istoric District and those properties oxig~nally classified as non contributing for current significance and recommends that the Period of Significance be extended through 1965; and, WHEREAS, the Old School Square I~`istoric District was orginally significant for its collection of architecture representative of the period from as early as 189$ through to 1943, and is currently significant for its collection of architecture representative of the period fxnm 1944 -1965. WHEREAS, thirteen properties meet the eligibility criteria for contributing status, attributed to the newer resources built from 1945 to 1958, as these buildings have had milurial. alteratiox~s, or their alterations are reversible, and/or were completed in an appropriate and coxxtpatible manner consistent with the Secretary of the Interior's Standards for Rehabilitation and, WHEREAS, the OId School Square Historic District was originally and is cun~nfly significant under the Secretary of the Interiors Criterion A for significaxce ~ to associations with events that have made a significant contribution to the broad pattern of the City's history as it represents the initial. footprint for settlen~nt and development of Delray Beacl~y with structtmes existing as early as the late 1$9p's, contains the OId School Square and Bundy House which are listed on the National. Register of Historic Places, represe~lts the 1920s Land Boom and 193ps settlement following the Land Baom and includes post World War II growth from the 1940s through the 196ps; and, WHEREAS, the Old School Square 1Tystoric District was originally axed is currently significant under the Secretary of the Interiors Criterion B for significance due to associations with people significant to the City, such as John Shaw Sandy, Delray's fast mayor, one of the early investors was Frederick Henry Link, Reverend JoYm R. Calory the Methodist Church Nlinister and Delray Beach pioneer; and, WHEREAS, the Old School Square Historic District was originally and is currently significant under the Secretary of the Interiors Criterion C for significance as it embodies one or more distinctive architectural styles or types such as the NNfisssion, Queen Anne, French Colonial, Mediterranean Revival, Bungalow, American Four Square, Monterey, Nea-Meclitenaneary NFinimal Traditional, Masonry and Frame Vernacular, Rancly Art Deco/Modetne, Bauhaus, and International, with sh~tures designed by renown Architect Samuel Ogrer-, Sr.; and WHEREAS, Section 4.5.1 of the Land Development Regulations of the Cade of Ordinances of the City of Delray Beach provides far the change of historic classification of historic sites and districts; and, WHEREAS, RJ Heisenbottle Architects, Inc. recommends that the City consider extending the district's sautherrt boundary to SW ~~' Street, as there maybe additional resources south of the unmarked l,aLmdary, ancly WHEREAS, RJ Heisenbottle Architects, Inc. found that the City should seek listing of the Old School Square Historic District on the National Register of Historic Places; ancl, WHEREAS, the Historic Preseavalaon Board held a duly noticed public hearing in regard to the Final. Resurvey Report for the Old School Square Historic District on May 5, 2010 and voted 5 to 0 to recommend approval to accept the Final Resurvey Report and its recoznznendations including the changes of historic classification for 13 properties within the Old School Square Historic District; and WHEREAS, the City Cos~on of the City of Delray Beach adopts the findings in the Final ResurveyReport for the Old School Square Historic District; and WHEREAS, the City Commission of the City of Delray Beach adapts the findings in the Hstoric Preservation Board Staff Report dated May 5, 2010; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinaxzce is consistent with the Comprehensive Plan; and WHEREAS the City Comm;~.~ion of the City of Defray Beach has conducted a duly noticed pulaIic hearing in regard to the adoption of the Final Resurvey Report for the Old School Square Hstoric District. NOW THEREFORE BE IT ORDAINED BY THE QTY COMNIISSTON OF THE QTY OF DELRAY BEACH FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2 'That the Final Resurvey Report for the Old School Square Isstoric District is included as Attachin~lt A. 2 Ord No. 10-10 Section 3 That the Period of Significance is extended to 1965. Section 4 That a complete classification list of the Old School Squaz~e I~istoric District is included as Attachment B. Section 5 That the properties listed in Attachment C are hereby classified as contr~uting and in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the Cityof DelrayBeach, Florida Section 6 That all ordinances or parts of ordinances in conflict herewith be and the sarx~ are hereby repealed Section 7 That should any section ar provision of this oi~linance or anyportion thereof any paragraph, sentence ar wnrd be declared by a court of competent jurisdiction to be invalid such decision shall nit affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 8 That this ordinance shall became effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 1~` day of June, 201.0. MAYO R ATTEST: City Clerk First Reading Second 3 Ord No. 10-10 CITY OF DELRA,Y BEACH RESURVEY OF FOUR LOCAL REGISTER HISTORIC DISTRICTS ~~~~ ~~~~~ ~rY~ ~~~ ~~~ Prepared by: R.J. HEISENBOTTLE ARCHITECTS, P.A. N©vember 20, 2008 OLD SCHOOL SQUARE HISTORIC DISTRICT oLD scxooL SQUARE xlsTORIC Dl<sTRICT HISTORIC SURVEY REPORT INTRODUCTION The City of Delray Beach has retained the firm of R.J. Heisenbottle Architects, P.A. (RJHA} to resurvey four areas within the city previously listed on the Local Register of Historic Places as Historic Districts. The four areas to be studied are Del-Ida Park; Nassau Park, Old School Square, and West Settlers Historic District. RJHA's task will be to prepare individual Survey Reports for each of the four historic districts. These survey reports will include the following information: • Historical overview of the district. ` • Review existing criteria for determining contributing and non-contributing structures. • Recommendations on extending Periods of Significance, where appropriate, within the district. + Update Florida Master Site File forms for previously recorded structures. • Prepare new Florida Master Site File forms for previously unrecorded structures • Prepare maps and photographs for all sites within the district. To date, RJHA has completed work on the Nassau Park Historic District Historic Survey Report, submitted in final form on September 30, 2008. This Historic Surve Re ort on the Old School S uare Historic District {OSSHD) will provide information on those items outlined above, based on field work, research conducted on building permits and Sanborn map records available at the Delray Beach Planning and Zoning Department, and historical research. conducted at the Delray Beach Historical Society. The first item identified above, "Historical overview of the district" will use the information previously contained in the GAI Consultants' report prepared in 2005, as reference, based on the following justification. The City of Delray Beach contracted with GAI Consultants, Inc: in 2005 to conduct the Old School Square Historic Arts Resources Survey. The Final Report of that survey, dated June 30, 2005, defines the project's purpose as to record "all contributing and non-contributing buildings and structures within the district boundary, to identify and update documentation on the architectural resources, and to evaluate or re-evaluate resources for individual eligibility and eligibility as contributors to the historic district, for both local designation and National Register of Historic Places (NRHP) listing". Given the relatively recent completion date of the 2005 GAI Report and the excellent and thorough quality of the documentation, research and writing contained therein, it would be duplicative for our report to prepare new narratives for the historical and architectural development sections. Therefore, RJHA's OSSHD Historic Survey Report will specifically cite Section 4 (Architectural Styles and Types), and Section 5 (Historical Overview} of the GAI Consultants' Final Report as reference rather than trying to rewrite the entire section. 2 RJHA's Old School Square Historic District Historic Survey Report will concentrate on an assessment and redefinition of the Period of Significance used for evaluating such structures. Based on this evaluation, on our field work and on our research of local records, our Report will present information and make recommendations on the following: • Extending the Period of Significance for OSSHD. • Re-evaluating contributing and non-contributing structures. Extending current DSSHD boundaries. • Nomination of individual structures within the district to the National Register of Historic Places. • Historic District nomination of OSSHD to the National Register of Historic Places. In addition, we are providing the following updated information: A new "Historical Resources List" and "Map of Historical Resources" updating the information contained in the 2005 GAI Consultants' Final Report. New photographs of all structures surveyed within the district boundaries, submitted in disk format. Existing Florida Master Site File forms, updated to reflect any alterations, additions, relocations or demolitions within the district, and new forms prepared for structures previously unrecorded due to their more recent dates of construction, where applicable. BourrnA~s The Old School Square Historic District (OSSHD) comprises the oldest and same of the most threatened sections in the city of Delray Beach, due to its location in the heart of today's downtown area. The district straddles Atlantic Avenue, the city's "Main Street", to the north and south. Its specific boundaries are: Lake Ida Road and N.E. 4th Street to the north, N.E. and S.E. 1St Avenue to the east, S.E. and S. W. 2°~ Street to the south, and S.E. and N.E. 1 Avenue to the west (See District Map). Based on visual inspection of the district boundaries, it becomes difficult to ascertain ox justify the present southern terminus for the district along South Swinton Avenue. There are no physical changes, whether natural or man-made, defining the southern boundary of the district and the building stock does not change significantly once one crosses that imaginary line. This is particularly evident along South Swinton Avenue, where one is hard pressed to find a difference in the neighborhood Fabric between the 100 block and the 200 or 300 blocks. Along S.W. 1St Avenue, however, a higher number ofnon-contributing structures mixed in with the contributing structures may be discerned south of S.W. 2°~ Street, while S.E. 1St Avenue has significantly lost its contributing building stock beyond the current southern district boundary. 3 It is our recommendation that the City of Delray Beach consider extending the boundary of OSSHD beyond its present S.W. 2°~ Street southern limit to S.W. 4tn Street. The City should also study the same two block southern extension along S. W. 1St Avenue, although the justification does not appear to be as strong as for S. Swinton Avenue. f'C1NTF,XT OSSHD, designated as a Local Register Historic District in 1988, contains the earliest standing and some of the most recently constructed structures in the city of Delray Beach. Rather than a homogeneous area in its chronology or architectural typology, OSSHD presents a glimpse of the historical continuum of the community. Within its boundaries are found buildings from every decade since the 1890s, and from a wide array of architectural styles, including vernacular structures, Queen Anne and Bahamian influenced ones, Bungalows, Mission, Mediterranean Revival, Art Deco/Moderne, Minimal Traditional, and even some International Style inspired structures. Their uses throughout the years have included residential, commercial, offices, institutional, religious, governmental, recreational, educational and cultural functions. It is this layering and variety of building types and uses that provide the basis for the district's signifcance. Today many of the early residential structures have been converted to light commercial and office uses, thus affording them an opportunity to survive amidst the development pressures of their current urban environment. The newly found niche of these historical resources within a modern context has also brought about a renaissance for many of them, as their conversion to commercial and office uses have brought along substantial rehabilitation, for the most part sympathetic, of their historic fabric. PERIOD OF SIGNI<Fl[CA.NCE One of the objectives of the Delray Beach "Resurvey of Four Local Register Historic Districts" project is to assess the feasibility of expanding the current Period of Significance when considering eligibility of structures for listing as "contributing" within the designated historic district. Structures thirty five {35) years or older will be recorded in the Florida Master Site File, so that the information contained in the State's database will be not only current but actually ahead of the generally accepted 50 year threshold for historic consideration. This does not mean that structures that are 35 to 50 years old will automatically be deemed contributing, but rather they will be xeviewed on a case-by-case basis for possible eligibility. In observing the development patterns of the Old School Square Historic District it becomes apparent that there is a construction gap between the 1960s and 1990s when. few if any new structures were built within the district. The attached "List of Surveyed Resources" shows the date of construction of the mast recent structures coming under the purview of this report to be around 1955, which indicates the surge in construction. activity immediately following the end of World War II. Field inspection of the district did not identify additional structures being built between 1955 and the mid 1990s to the early part of the 2000 decade. Existing structures did undergo alterations and in some cases additions, but the level of construction activity was relatively low during this period. This reflects the general development trend of most communities at this time, when the post World War II development movement was away from the city's center and into the suburbs. Thus development activity in OSSHD's residential enclaves, located in the heart of the city and dating as far back as the turn of the twentieth century, languished during the latter part of the century. This shift is clearly attributable to a new influx from corporate headquarters and manufacturing facilities that relocated to Delray Beach in the 1960s and 1970s, and made their homes in the new suburban residential developments to the west. 4 The currently established Period of Significance for OSSHD extends to 1945, just at the end of World War II. In terms of historical and architectural development, it is difficult to justify this date {other than the fact that at the time it was established, it was based on the 50 year threshold for determining historical significance} since it ignores the construction surge that followed the post-war years. The GAI Consultants' 2005 Final Report identified 23 new structures built between 1945 and 1955. This is not counting alterations to existing structures and other construction activities during the same post-war time years. Based on the number of structures built within that time period, extending the present Period of Significance to 1960 would cover new construction and alterations that will be 50 years old in less than 2 years from the date of this study, namely in 2010. It therefore seems appropriate to extend the Period of Significance an additional 5 years, to 1965, in order to provide a comfortable margin to include any construction activity, including alterations or additions that will acquire the 50 threshold using this time frame. Based on the above infarrnation, it is our recommendatian to extend the Period of Significance to 1965. RE-EVALUATION OF CONTRIBUTING STRUCTURES This report has updated and re-evaluated the "List of Surveyed Resources" presented in 2005 as part of the GAI Consultants' Report, based on our recommendation to extend the Period of Significance to 1965. Of the 144 structures originally listed within OSSHD in the 2005 Report, 52 were identified as individually eligible far Local Register listing. Since these structures are already locally designated within OSSHD, our approach was to identify structures as either "Contributing" or "Nan-Contributing" within the district, rather evaluating them for individual eligibility. The findings of our study reveal the following salient points: • 122 structures have been identifed as "Contributing" to the district. • 15 structures have been identified as "Non-Contributing" to the district. • 6 structures have been demolished since the time of the 2005 GAI Consultants Report (See attached List of Surveyed Resources for identification). • A total of 17 structures previously listed on the FMSF have been demolished. • 2 structures, currently located at 114 N.E. 1 Avenue, were moved into the district from its original location at 350-362 N.E. 5 Avenue. • 1 structure, currently located at 111 N. Swinton Avenue, was moved into the district from its original location at 124 N.E. 5 Avenue. • No previously unrecorded structures 35 years or older that would be eligible for inclusion in the Florida Master Site bile were identified within the district. NATIONAL REGISTER ELIGIBILITY The Old School Square Historic District is potentially eligible for nomination to the National Register of Historic Places as an historic district. There are also a number of structures potentially eligible for individual National Register listing, previously identified in the GAI Consultants' Report. However, the current level of research and documentation would not be sufficient to carry forth successful district or individual nominations. Association with the lives of persons significant to our past at the local, state or national Ievel is identified under Criterion B for National Register listing. Additional research is needed to substantiate historical significance under this criterion..Similarly, additional documentation is needed to identify the architects who designed those buildings in order to justify listing under Criterion C for architectural significance. S iven the Iimited amount of information readily available on individual structures, it is difficult to make an accurate assessment or recommendation on potential eligibility for individual National Register listings at this time. Any current eligibility assessment is mostly based an date of construction and visual architectural significance. It is recommended that the City of Delray Beach consider funding a project to undertake the necessary research and documentation leading to the prepaea#ion of a National Register historic district nomination proposal for OSSHD, or to nominating additional individual properties for National Register listing. FLORIDA MASTER SITE FILES Existing information on the FMSF forms has been updated to reflect alterations, relocations, additions or demolitions to previously recorded structures. These updates have been provided as annotations to existing local files containing FMSF forms and not officially entered as updates to the State forms. Likewise, existing "Surveyor's Evaluation of Site" categories in the FMSF form, identifying potential eligibility for local or National Register listing has been updated based on our reconunendation to extend the date of the Period of Significance and on the fact that many of the structures have acquired the generally accepted 50 year significance threshold since the time the initial FMSF forms were prepared and evaluated. A total of 17 structures previously recorded on the FMSF, on file at the City's Planning and Zoning Department, have been demolished. Those FMSF forms have been annotated to show the structures' demolition and will be reincorporated into the City's files. CONCLUSIONS AND RECOMMENDATIONS The field work conducted while undertaking the resurvey of the Old School Square Historic District has shed some interesting light on the dynamics and impact of historic district designation on one of Delray Beach's oldest, most architecturally diverse and most attractive areas for new development: • The number of demolished structures has been relatively low, considering the development pressure on the area. • The alterations and additions have been for the most part sympathetic, a credit to the City's staff in enfoxcing the regulatory process contained in the ordinance that designated OSSFID as an historic district. The rehabilitation and reuse of historic structures within the district are a credit to the City's foresight in using historic district designation and zoning overlays as tools to accomplish historic preservation goals. • The overall image of the today's emerging Delray Beach is one of compatibility and sensitivity in scale and design between the old and the new. The consciousness and controls that historic district designation have brought about in the midst of such evident development pressures are admirable efforts. 6 In summary, we offer the following recommendations as part of this OSSHD Report: The City of Delray Beach should extend the Period of Significance for OSSHD to 1965. This will include the structures built during the period of construction activity following the post World War II era. The City of Delray Beach should consider extending the boundary of OSSHD beyond its present S.W. 2"d Street southern limit to S.W. 4tr, Street along South Swinton Avenue. The City should also study the same two block southern extension along S.W. 1St Avenue, although the justification does not appear to be as strong as for South Swinton Avenue. The GAI Consultants' Report of 2005 recommended certain boundary adjustments for a possible National Register historic district nomination to exclude empty lots and new construction along the east side of N.W. and S.W. 1St Avenue and the parking lot directly east of the Old School Square complex along N.E. 1St Avenue. We concur with the recommendation to exclude the new construction intrusions along N.W. and S.W. lst Avenue, since this redrawing of boundaries strengthens the density of contributing structures within the district. However, we believe that if the recommendation is extended to the local district designation to exclude empty lots at the northwest corner of the district along the 200 block of N.W. 1St Avenue and the parking lot east of Old School Square complex, this would need further review and consideration. While the same argument can be made that these reductions in boundaries strengthen the density of contributing structures, it is nonetheless beneficial at the local level to be able to have some control and review over future infill construction in these lots, since visually the continuity or lack thereof remains the same whether the boundary is modified or not.The Old School Square Historic District at first blush appears to have sufficient historical and architectural signifcance to be potentially eligible for historic district nomination to the National Register of Historic Places. Similarly, there are a number of structures that appear potentially eligible for individual nomination to the National Register. • The City of Delray Beach should consider funding a project to undertake the necessary research and documentation leading to the preparation of a National Register historic district nomination proposal for OSSHD, or to nominating additional individual properties for National Register listing. SOURCES • Florida Master Site Files. Delray Beach. • Historic Sites Files. City of Delray Beach Planning Department. + Delray Beach Historic Sites Survey. By John P. Johnson. Historic Palrn Beach County Preservation Board. July 1987. • Delray Beach Property Appraiser's Records. • Delray Beach Historical Society files. • Old School Square Historic Resources Survey. Final Report. GAI Consultants, Inc. June 30, 2005. + City of Delray Beach. Historic Resources Report. Janus Research. July 1999. • City of Delray Beach. Historic Resources Survey. Phase II. Janus Research. 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[ ~.i 3... t..E~ R......,.._~....____.s . ... __._._.- ~i,ywYr~ririwb. ~~-^-^.- ~~ R ~ Y. ~ n m cs „s I '' x l13,Ll+~? ~za arr ~t.ilNt?-YtYG '#~+H lsl,1~ JhifQ71ft8 ,CIt3 #{~~(1f~1;1 .LSiCt~IHL,~~ff NCla b'.7 {t _k' CI 23 b' ~! ! ~ ~ w a :a v ~v a~ .~~~. a ~ ~ ~~ a ~ a ~,~~~ E-+ ~U E`+ ..1 F~ C~ ~ ~ ~ Q wK ~ ~ ~ ~S ~`q air C~ ~ fl Ordinance 10-10 Attachment B Old School Square Historic District Property Classification List Address Classification Year Built Style 10 North Swinton Avenue Non-Contributin 1951 Mason Vernacular 20 North Swinton Avenue Contributin 1935 Montere 24 North Swinton Avenue Contributing 1925 Bungalow- 46 North Swinton Avenue Contributin 1922 Bun aloes 51 North Swinton Avenue Contributin 1913 Mason Vernacular 51 North Swinton Avenue Contributin 1928 Mediterranean Revival 51 North Swinton Avenue Contributin 1928 Mediterranean Revival 51 North Swinton Avenue Contributin 2002 Neo-Mediterranean 52 North Swinton Avenue Contributin 1922 Bun slow 102 North Swinton Avenue Contributin 1898 Frame Vernacular 108 North Swinton Avenue Contributin 1925 Bun aloes 112 North Swinton Avenue Contributin 1935 Minimal Traditional 119 North Swinton Avenue Contributin 1924 Frame Vernacular 120 North Swinton Avenue Contributin 1920 Bun aloes 124 North Swinton Avenue Contributin 1915 American Four S uare 125 North Swinton Avenue Contributin 1925 Frame Vernacular 131 North Swinton Avenue Contributin 1940 Frame Vemacular 132 North Swinton Avenue Contributing 1925 Mission 137 North Swinton Avenue Contributin 1939 Minimal Traditional 138 North Swinton Avenue Contributin 1937 Minimal Traditional 145 North Swinton Avenue Contributin 1938 Minimal Traditional - 202 Norfh Swinton Avenue Contributin 1930 Frame Vernacular. 209 North Swinton Avenue Contributin 1925 Mission 214 North Swinton Avenue Contributin 1920 Frame Vernacular 215-217 North Swinton Avenue Non-Contributin 1950 Mason Vernacular 219-221 North Swinton Avenue Non-Contributin 1955 Mason Vernacular 220 North Swinton Avenue Contributin 1940 Frame Vernacular 226 North Swinton Avenue Contributin 1920 Mission 227 North Swinton Avenue Contributin 1950 Frame Vernacular 234 North Swinton Avenue Contributin 1920 Frame Vernacular 242 North Swinton Avenue Contributin 1941 Mason Vernacular 246 North Swinton Avenue Contributin 1941 Minimal Traditional 255 North Swinton Avenue Non-Contributing 1945 Frame Vernacular 275 North Swinton Avenue Contributin 1926 Frame Vernacular 300 North Swinton Avenue Non-Contributin 1998 Vernacular 303 North Swinton Avenue Contributin 1924 Mediterranean Revival 305 North Swinton Avenue Contributin 1913 Frame Vernacular 308 North Swinton Avenue Non-Contributin 1998 Vernacular 310 North Swinton Avenue Contributin 1930 Frame Vernacular 312 North Swinton Avenue Contributin 1930 Frame Vernacular 314 North Swinton Avenue- Non-Contributin 1947 Mason Vernacular 317 North Swinton Avenue Contributin 1950 Mason Vernacular 321 North Swinton Avenue Contributin 1930 Frame Vernacular 333 North Swinton Avenue Contributin 1946 Mason Vernacular. . 337 North Swinton Avenue Non-Contributin 1945 Frame Vernacular '114 Ordinance 1Q-10 Attachment B Old School Square Historic District Property Classification List Address Classification Year Built Style 353 North Swinton Avenue Contributin 1948 Mason Vernacular 14-16 South Swinton Avenue Contributin 1900 Queen Anne 19 South Swinton Avenue Contributin 1940 Minimal Traditional 20 South Swinton Avenue Contributin 1925 Bungalow 23 South Swinton Avenue Contributin 1938 Frame Vernacular 27 South Swinton Avenue Contributin 1950 Frame Vernacular 31 South Swinton Avenue Contributin 1937 Frame Vernacular 35 South Swinton Avenue Contributin 1938 Frame Vernacular 38 South Swinton Avenue Contributin 1903 French Colonial 38 % South Swinton Avenue Contributin 1940 Frame Vernacular 40 South Swinton Avenue Contributin 1925 Bun aloes 43 South Swinton Avenue Contributin 1941 Frame Vernacular 44 South Swinton Avenue Contributin 1930 Frame Vernacular 106 South Swinton Avenue Contributin 1902 Queen Anne 115 South Swinton Avenue Non-Contributin 1955 Mason Vernacular 119 South Swinton Avenue Contributin 1948 Frame Vernacular 123 South Swinton Avenue Contributin 1947 Frame Vernacular 125 South Swinton Avenue Contributin 1922 Frame Vernacular 129 South Swinton Avenue Non-Contributin 1955 Mason Vernacular 143 South Swinton Avenue Contributin 1925 Bun aloes 188 South Swinton Avenue Contributin 1920 Gothic Revival 102 NE 1St Avenue Contributin 1925 Frame Vernacular 112 NE 15` Avenue Contributin 1925 Frame Vernacular 114 NE 15` Avenue Contrbutin 1921 Frame Vernacular 114 NE 15 Avenue Contributin 1922 Frame Vernacular 114 NE 1S Avenue Contrbutin 1941 Bun aloes 120 NE 1S Avenue Contributin 1925 Mission 123 NE1S`Avenue Contributin 1923 Bun aloes 125-127 'h NE 1S` Avenue Contributin 1937 Frame Vernacular 131 NE 15f Avenue Non-Contributin 1958 Mason Vernacular 134 NE 15` Avenue Contributin 1935 Frame Vernacular 138 NE 15` Avenue Contributin 1931 Mission 201 NE 1S` Avenue Contributin 1938 Frame Vernacular 203 NE 15` Avenue Contributin 1938 Frame Vernacular 211 NE 15` Avenue Contributin 1938 Frame Vernacular 212-214 NE 1St Avenue Non-Contributin 1955 Masonr Vernacular 215 NE 15 Avenue Contributin 1938 Frame Vernacular 218 NE 1S Avenue Contributin 1922 Mission 219 NE 1St Avenue Contributin 1938 Frame Vernacular 223 NE 1St Avenue Contributin 1938 Frame Vernacular 226 NE 1St Avenue Contributin 1922 Mediterranean Revival 227 NE 15 Avenue Contributin 1938 Frame Vernacular 231 NE 1St Avenue Contributin 1938 Frame Vernacular 234 NE 1St Avenue Contributin 1922 Mediterranean Revival 235 NE 1$ Avenue Contributin 193$ Frame Vernacular 214 Ordinance 10-10 Attachment B OId School Square Historic District Property Classification List Address Classification Year Built Style 238 NE 1St Avenue. Contributin 1925 Mediterranean Revival 239 NE 1St Avenue Contributin 1938 Frame Vernacular 247 NE 15 Avenue Contributin 1938 Frame Vernacular 248 NE 1St Avenue Contributin 1925 Mediterranean Revival 302 NE 1St Avenue Cantributin 1945 Frame Vernacular 304-306 NE 15 Avenue Non-Cantributin 1955 Mason Vernacular 310 NE 1St Avenue Cantributin 1940 Frame Vernacular 314 NE 15 Avenue Contributin 1937 Minimal Traditional 318-320 NE 15 Avenue Non-Contributin 1955 Mason Vernacular 326 NE 1St Avenue Non-Contributin 1945 Frame Vernacular 330 NE 1St Avenue Contributin 1924 Frame Vernacular 334 NE 1St Avenue Contributin 1907 Frame Vernacular 342 NE 1St Avenue Contributin 1946 Minimal Traditional 348 NE 1St Avenue Contributin 1925 Frame Vernacular 354 NE 1St Avenue Contributin 1925 Mission 131 NW 1St Avenue Cantributin 1935 Mediterranean Revival 137 NW 1St Avenue Contributin 1925 Bun aloes 211 NW 15 Avenue Nan-Cantribufin 1955 Ranch 215 NW 151 Avenue Contributin 1925 Frame Vernacular 225-227 NW 15 Avenue Non-Contributin 1955 Mason Vernacular 231 NW 1St Avenue Non-Contributin 1950 Mason Vernacular 235 NW 1St Avenue Contributin 1950 Mason Vernacular 239 NW 1St Avenue Contributin 1925 Frame Vernacular 241 NW 1St Avenue Non-Contributin 1955 Mason Vernacular 3 NE 1St Street Contributin 1926 Bun aloes 5 NE 1St Street Contributin 1926 Bun slow NE 1St Street Non-Contributin 2007 Parkin Gara e 5 NE 2" Street Contributin 1925 Frame Vernacular 9 NE 2" Street Contributin 1925 Frame Vernacular 21 NW 2" Street Non-Contributin 1950 Frame Vernacular 20 NW 3r Street Nan-Contributin 1955 Mason Vernacular 12 SE 15 Avenue Non-Contributin 2007 Vernacular 22 SE 15 Avenue Non-Contributin 2007 Parkin Garage 30 SE 1St Avenue Non-Contributin 2006 Parkin Lot 36 SE 1St Avenue Contributin 1925 Frame Vernacular 48 SE 1St Avenue Contributin 1955 Mason Vernacular 102 SE 1St Avenue Contributin 1928 Frame Vernacular 122 SE 1St Avenue Non-Contributin 1955 Mason Vernacular 130 SE 1St Avenue Contributin 1930 Mason Vernacular 134 SE 1St Avenue Contributin 1924 Frame Vernacular 10 SE 1St Street Contributin 1939 Frame Vernacular 14 SE 1St Street Contributin 1935 Minimal Traditional 18 SE 1St Street Contributin 1930 Mission 18'/2 SE 1St Street Cantributin 1955 Frame Vernacular 15 SW 2" Street Contributin 1950 Mason Vernacular 314 Ordinance 1 fl-1 fl Attachment B Old Schoo! Square Historic District Property Classification List Address Classification Year Built Style 35'/2 5W 15t Avenue Contributin 1925 Frame Vernacular 101 SW 15t Avenue Contributin 1930 Frame Vernacular 105 SW 15 Avenue Contributin 9930 Frame Vernacular 109 SW 1S' Avenue Contributing 1930 Frame Vernacular 13-19 SE 2" Street Non-Contributin 1955 Masan Vernacular 2 East Atlantic Avenue Contributin 1913 Mason Vernacular 8 East Atlantic Avenue Non-Contributin 1950 Mason Vernacular 16 East Atlantic Avenue Non-Contributin 1945 Art DecolMaderne 32 East Atlantic Avenue Non-Contributin 1948 Bauhaus 38 East Atlantic Avenue Non-Contributin 1955 Masan Vernacular 40-44 East Atlantic Avenue Contributing 1925 Masonry Vernacular Ordinance 1~-10 Attachment C Old School Square His#oric District Property Reclassification List Address Classification Year Built Style 227 North Swinton Avenue Contributin 1950 Frame Vernacular 317 North Swinton Avenue Contributin 1950 Mason Vernacular 333 North Swinton Avenue Contributin 1946 Mason Vernacular 353 North Swinton Avenue Contributin 1948 Mason Vernacular 27 South Swinton Avenue Contributin 1950 Frame Vernacular 119 South Swinton Avenue Contributin 1948 Frame Vernacular 123 South Swinton Avenue Contributin 1947 Frame Vernacular 302 NE 1St Avenue Contributin 1945 Frame Vernacular 342 NE 1St Avenue Contributin 1946 Minimal Traditional 235 NW 1St Avenue Contributing 1950 Masonry Vernacular 48 SE 1St Avenue Contributin 9955 Mason Vernacular 18'/~ SE 1St Street Contributin 9955 Frame Vernacular 15 SW 2" Street Contributin 1950 Mason Vernacular 111 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT MEETING OF: May 5, 2010 1TEM: CONSIDERATION OF ORDINANCE 10-10 FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF OLD SCHOOL SQUARE HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1965 AND RECLASSIFYING 13 PROPERTIES FROM NON-CONTRIBUTING TO CONTRIBUTING. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding Ordinance 10-10 that provides for the adoption of the resurvey report of Old School Square Historic District {OSSHD} including extension of the Period of Significance {POS} to 1965, and reclassification of 13 properties from non-contributing to contributing, pursuant to Land Development Regulations {LDR} Section 4.5.1(N), Criteria for Change of Historic Classification and 4.5.1(0}, Procedures far Change of Historic Classification. BACKGROUND The City hired RJ Heisenbattle Architects, Inc. to conduct a survey of the Del-Ida Park, Nassau Park, Old School Square, and West Settlers Historic Districts from July 2008 -January 2009. The objective was to survey ail properties developed at least thirty-five years ago within each of the aforementioned districts and to identify those which contain both contributing and non-contributing buildings and structures. A historical overview of each area was provided in the final survey report, which was reviewed by the City Commission at its workshop on February 10, 2009. All of the recommendations regarding the Period of Significance extension and property reclassifications for the Del-Ida Park, Nassau Park, and West Settlers Historic Districts were adopted in 2009; the resurvey report for the Old School Square Historic District has not yet been accepted by the City Commission. In 2009, Ordinance 16-09 was prepared based on the resurvey's findings that the POS be extended to 1965 and that 23 properties be reclassified to contributing. The Ordinance did not pass on 2nd reading at the City Commission meeting of June 2, 2009, and direction was given to individually poll each property owner directly impacted by the reclassifications. In November 2009, a formal notice was sent to all property owners within the Old School Square Historic District inviting them to a HPB Workshop to review the resurvey, and also to provide additional information about the benefits of historic preservation and the contributing classification, In February 2010, a certified mailing was sent to the 23 property owners which included similar information provided at the Workshop, as well as a "Property Owner Reclassification Form" to indicate their support of the reclassification, along with an explanation for either their support or lack thereof. A return self addressed, stamped envelope was provided to each property owner to ensure that the form would be returned. Based on the returned forms, Ordinance 10-10 has been created which provides for the acceptance of the resurvey report, extension of the POS to 1965, and the reclassification of 13 properties to ~rc~inanc~ ~t3-1t3: Qld Schaoi Sruare t~istaric isfriet Rcsurv~~F ~dPB ~i~eting I~ay 5, 2~ ~ 0; Paa~ 2 ~f E contributing. Additional recommendations noted in the report are that listing on the National Register of Historic Places be sought for the entire district, and that consideration be given to expand the district`s southern boundary to SEISW 4th Street. Following are details regarding the Period of Significance and listing on the National Register of Historic Places: Period of Significance The resurvey report notes that the Old School Square Historic District "comprises the oldest and some of the most threatened sections in the City of Delray Beach, due to its location in the heart of today's downtown area." Further, OSSHD "presents a glimpse of the historical continuum of the community." The recommendation to extend the Period of Significance to 1965 would include the later (eligible) development of 1944 - 1965. This development period highlights the ongoing Post World War Il development trends. The cut-off date is noted as such to correspond with the "construction gap between the 1960s and 1990s when few if any new structures were built within the district". National Register of Historic Places (NRHP) Listing on the NRHP would provide additional recognition far the district, and additional review criteria or restrictions would not be placed on those properties located within the boundaries. While City Staff may proceed with an application for listing on the NRHP, research and application preparation assistance will be needed by residents within the district, or other interested parties. The application for listing would be processed via recommendation of support by the HPB to the City Commission. The HPB review should include property owners within the district as a way of keeping them informed and involved, and should occur prior to completion and submittal of the application. Once the application is submitted to the State Historic Preservation Office {SHPO) for review, a letter or newspaper advertisement will be provided, at which time property owners will have the opportunity to formally support or object to the listing. Boundary Expansion The final survey report notes that "it becomes difficult to ascertain or justify the present southern terminus...along South Swinton Avenue...there are no physical changes,...and the building stock does not change significantly once one crosses that imaginary (boundary) line." The survey report recommends that the City consider extending the boundary south to SW 4th Street. It is noted that further study is required for the extension, and this action will not occur via adoption of the subject Ordinance. Ordinance Attachments Ordinance 10-10 includes Attachment A, the Final Survey Report for the Old School Square Historic District, and Attachment B, which notes each property and its date of construction, historic classification, and architectural style. ft should be noted that all of the 23 properties recommended for reclassification to contributing are located within the historic district. The primary difference this creates in review by the HPB is specifically with regard to demolition. Consideration of Ordinance 10-10 is now before the Board far review and recommendation to the City Commission. C)r~9inance ~Q-1Q; Ufa School S~:aare Hiskaric (~isfrct ~;es~rvoy H~~ I`~~tir~g f~~~y 5, 2Q?4; Pale 3 ca(Q ANALYSIS Pursuant to LDR Section 2.2.6(A}, a Historic Preservation Board for the Cify of Delray Beach is hereby created. The purpose of this Board is to foster and promote the recognition, protection, enhancement and use of historic resources in the City of Delray Beach and to have a !ay body which shall have authority to act on matters pertaining fo historic preservation. Pursuant to LDR Section 2.2.6(D){1), Duties, Powers, and Responsibilities, fhe Historic Preservation Board shat! develop, maintain, and update a survey of archaeological sites, properties, buildings, structures, and districts of specia! historic, aesthetic, architectural, culfural, or social value or inferesf. The Board will endeavor to improve, expand, and make more accurate the survey as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate the survey. The Board wit! work with the City Historical Society, the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in mainfaining this survey. Pursuant to LDR Section 2.2.6{D}(2}, Duties, Powers, and Responsibilities, the Historic Preservation Board shall nominate properties for designation, and regulate such praperties, structures, buildings, sites, districts, and the like so designated as historic sites and/or historic districts. STAI=I= COMMENT: The LDRs specify that as part of the HPB duties, the Board shall protect historic resources, and update surveys of historic resources. The resurvey of the Old School Square Historic District complies with this requirement. LDR Section 4.5.1(N), Criteria for Change of Historic Classification (1) A survey of all historic districts may be conducted by the Cify every five (5) years. The survey report may recommend changes to the historic designation and/or classification of properties located within or immediately adjacent to a designated historic district. (b) Criteria far Change of Historic Classification: If aCity-initiated survey conducted within fhe Iasi true (5} years reveals that a property within a historic district should be reclassified as either contributing or non-contributing, then the classification may be revised in accordance with LDR Section 4.5.1(0) and shall be determined as follows: 7. The survey recommends the inclusion of an additional "Period of Significance'; which would reclassify properties from non-contributing to confrrbuting, or; 2. The survey recommends that a property or properties have been so significantly altered that the changes are irreversible and have compromised fhe structures historic integrify of the structure, which would reclassify the structure from contributing to non-contributing. STAFF COMMENT: The subject survey meets the criteria for change of historic classification as it was conducted within the last 5 years (complete January 2809), and the survey recommends that the Period of Significance be adopted which would reclassify those 13 properties listed in Exhibit A from non-contributing to contributing. Therefore, the reclassifications may be reviewed. _ ~rdinancs ~D-1~; ~I~ ~ch~ol square ~list~ric t~i~trict Resurvey HP~ Mai+ir~g May ~, 2~}~; Page ~ of 6 LDR Section 4.5.1(OJ, Procedures for Change of Historic Designation andlor Classification (2) Procedures for Change of Historic Classification: Applications to change the historic classification of a property or properties within a hlsforic district shall be made fo the Historic Preservation Board and maybe initiated by written request of.' (a) The Historic Preservation Board based upon the recommendations of a City-initiated survey completed within five {5) years prior to the application; ar (b) The City Commission based upon the recommendations of aCity-initiated survey completed wifhin five {5) years prior to the application; or {3} The Planning and Zoning Director ar his/her designee shall conduct a preliminary evaluation of the information provided on each application to determine if it generally conforms with criteria in LDR Section 4.5.1{N){7). The Planning and Zoning Director or his/her designee shall then prepare a report which shall contain the following: (b} Change of Historic Classification: 1. Analysis of the properties fo be reclassified; and 2. A staff recommendation as to whether or not the properties should be reclassified due to either.• a. Loss of historic integrity as a result of irreversible alterations to a contributing property; or b. inclusion of an additional "Period of Significance" per the survey recommendations. STAFI= COMMENT: It has been determined that the subject request conforms with Section 4.5.1(N)(1 }, and the recommendations have been justified within the report with respect to the expansion of the POS to 1965. The information has been provided and reviewed by Staff and deemed to be complete. The properties recommended for reclassification were developed between 1945 and 1958 and have become a part of the historic Old School Square streetscape. While they differ from the architectural style of the original development, they are compatible and illustrate the development typology of their time. Staff recommends that the PO5 expansion be accepted. Staff also recommends that the City support the application of the Dld School Square Historic District to the NRHP with application preparation assistance provided by residents and interested parties. REVIEW BY OTHERS !t is noted fihat Ordinance 10-10 was not reviewed by the following Advisory Boards as it not contrary to those recommendations made during review of Ordinance 16-09. Ordinance 10-10 provides for the reclassification of 13 of the 23 properties originally included in Ordinance 16-09. Therefore, the Advisory Board recommendations for Ordinance 16-09 are noted below. The Pineapple Grave Main Street Committee (PGMS) reviewed Ordinance 16-09 at its April 1, 2049 meeting where a recommendation of approval was made. The Downtown Development Authority (DDA) reviewed Ordinance 16-09 at its April 13, 2049 meeting where a recommendation of approval was made with the condition that those property owners who would like to maintain their classification as non-contributing be granted that reguest. ~rdir~~r~ 1~3- ~€~; C31d School Square ~listoric C~istrict Resurvey HP~ ~1~~ting i~ay ~; 24? ~; Page 5 of fi The Community Redevelopment Agency {CRA} reviewed Ordinance 16-09 at its April 16, 2009 meeting where a recommendation of a royal was made with the condition that those roe owners who would like to maintain their classification as non-contributing be granted that r~_auest. RECOMMEN©ATION Recommend approval to the City Commission of Ordinance 10-10 providing for the extension of the Period of Significance to 1985, and reclassification of 13 properties from non-contributing to contributing. Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachmenfs: • Exhibit A -- Recommended Reclassificafions • Ordinance 10-90 and Affachmenfs A and B Ur~finan~ 1~-14; C}id SchQO! Sq~ar~ ~list~rid DistrEct Rsstsrvey NF'F3 ~~~'.~Sirlg icy ~, 2~ i ~; Page 6 ~f ~ EXHIBIT A ~ RECLASSIFIED PROPERTY LIST Address Year Style 227 North Swinton Avenue 1950 Frame Vernacular 317 North Swinton Avenue 1950 Masonr Vernacular 333 Narth Swinton Avenue 1946 Mason Vernacular 353 North Swinton Avenue 1948 Masonry Vernacular 27 South Swinton Avenue 1950 Frame Vernacular 119 South Swinton Avenue 1948 Frame Vernacular 123 South Swinton Avenue 1947 Frame Vernacular 302 NE 15 Avenue 1945 Frame Vernacular 342 NE 15 Avenue 1946 Minimal Traditional 235 NW 1StA~enue 1950 Mason Vernacular 48 SE 15 Avenue 1955 Masonry Vernacular 18 % SE 1st Street 1955 Frame Vernacular 15 SW 2" Street 1950 Masonry Vernacular Page 1 of 1 MEMORANDUM TO: Mayox and City Commissioners FROM: David T. Harden, City Manager DATE: Tune 10, 2010 SUB3ECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF JUNE 15, 2010 ORDINANCE NO. 13-10 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a city initiated amendment to the Land Development Regulations {CDR) Section 4.3.3, "Special Requirements for Specific Uses", by amending Subsection (CELL), "Medical Offices", to provide for clarif cation regarding the applicability of certain State Statutes. BACKGROUND At the first reading on May 25, 2010, the Commission passed Ordinance No. 13-10. RECOMMENDATION Recommend approval of Ordinance No. 13-10 on second and final reading. http a/miweb0011AgendasBluesheet.aspx?ItemID=3408&MeetingID=262 6/11/2010 Page 1 of 1 MEMQR~NDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICF, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: May 20, 2010 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF MAY 25, 2010 ORDINANCE NO. 13-10 ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to Land Development Regulations (LDRs} that provides clarification regarding the applicability of certain state statutes. BACKGROUND On October 20, 2009, the City Commission enacted Ordinance No. 50-09 that introduced regulations for "Medical Offices." Specifically, requirements were added that prohibited on-site dispensing of controlled substances identified in Schedule II, III or IV in Sections 893.03, 893.035 or 893.036, Florida Statutes. Exempt situations were included, along with a provision that allowed for appeal of an administrative determination. This current LDR amendment, in part, provides correction and clarification for references to the Florida Statutes, and is being processed to maintain consistency between the City's regulations and the. State's. The amendment also expands the Ordinance's applicability from medical offices to include professional and business offices. This expansion will eliminate the potential for uses that dispense controlled substances from establishing under a professional or business office category (i.e., wellness center) and asserting that the Ordinance does not apply to them as they are not a "medical office." REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on May 17, 2010. The Board unanimously recommended approval on a 6 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Flan and meets criteria set forth in Section 2.4.5(M} of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 13-10, by adopting the fndings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http:/Imiweb0011Agendas/Bluesheet.aspx?IterrilD=33S 1&MeetingID=292 6/10/2010 ORDINANCE NO.13-10 AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH-I, FLORIDA, AMENDING THE QTY'S I..AND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (CELL), "MEDICAL OFFICES", TO PROVIDE CLARIFICATION REGARDING THE APPLICABILITY OF CERTAIN STATE STATUTES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, pursuant to LDR Section L1.6, the Planning and Zoning Board reviev~ed the proposed text amendment at a public hearing held on May 17, 2010 and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 763.3174(4)(c), the Plaxming and Zoning Board, sitting as the Local Planning Ageiuy, has detexn~ined that tl~e change is consistent with and furthers the goals, objectives and policies of the Co~~sive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Defray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section L That the recitations set forth above are incorporated herein Section 2. That Section 4.3.3, (CELL), " lVledical Offices", of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: (CELL} Medical Offices: (1} Applicability. Medical Professional and BuSine~.~ Offices shall be subject to the following (a) On site dispensing of controlled substances that are identified in Schedule II, III, or N in Sections 893.03, and as fi.zrther amended b Sections 893.035 or 893.0355 plorlda Statutes, is prohibited, unless otherwise expressly perrrntted by statutory or general law The following are exempt from this prohibition {i) A Health care practitioner when administering a controlled substance directly to a patient it the amount of the controlled substance is adequate to treat the patient d~xring that particular treatment session (ii) A phar~riacist or health care practitioner when administering a controlled substance to a patient or resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice, or intermediate care faality for the developtuentallydisabled wlYich islicensed inthis state. (iii} A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital. (iv} A health care practitioner when administering or dispensing a controlled substance to a person under the age of 16. (v) A health care practitioner when dispensing aone-time, 72-hour emergency resupply of a controlled substance to a patient. (2) Appeal. An appeal from an adzxrinistxative detez~xiination or board action, excluding the granting or denial of a variance, regarding Medical Offices shall be appealed to the City Commission The applicant shall follow the procedures and requirements set forth in Section 2.~.7(E ). In addition to the reauiren,Pnts listed in Section 2.4.7(E) the applicant shall also list the following: (a) If the applicant is a potential claimant under a federal or state law, and (b) That the applicant believes in good faith that the City through implementation of this section has intentionally or unintentionally violated federal or state ]aw The law(s) the City has allegedly violated shall be identified Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall. not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That all ordular-ces or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordnance shall. become effective 1tl'1tt'1PClir7tely upon its passage on second and final reading. 2 ORD. NO. 13-10 PASSED AND ADOPTED in regular session on second and final reacling on this the day of , 2a2a. ATTEST City Qexk Ei~st Reading Second Reading MAYOR 3 ORD. NO. 13-10 PLANNING AND ZONING -BOARD STAFF REPORT MEETING DATE: MAY 17, 201Q AGENDA NO: IV.D. AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR}, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING SUBSECTION (CELL), "MEDICAL OFFICES", TO PROVIDE FOR CLARIFICATION REGARDING THE APPLICABILITY OF CERTAIN STATE STATUTES, ITEM BEFORE THE:130AFD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that provides clarification regarding the applicability of certain state statutes. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. f3ACKGRaUNI]lANALYSIS On September 29, 2009, the Planning and Zoning Board unanimously recommended approval of Ordinance 50-09 that introduced regulations for "Medical Offices." Specifically, requirements were added that prohibited on-site dispensing of controlled substances identified in Schedule II, III or IV in Sections 893.03, 893.035 or 893.036, Florida Statutes. Exempt situations were included, along with a provision that allowed for appeal of an administrative determination. This current LDR amendment, in part, is in response to recent numerical section changes that were made in the Florida Statutes, and is being processed to maintain consistency between the City's regulations and the State's. The amendment also expands the Ordinance's applicability from medical offices to include professional and business offices. This expansion will eliminate the potential for uses that dispense controlled substances from establishing under a professional or business office category (i.e., wellness center} and asserting that the Ordinance does not apply to them as they are not a "medical office," REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted, and although the amendment is not found consistent with any specific policy, it is noted that this amendment is not inconsistent with the Plan. Planning and Zoning Board Meeting, May 17, 2010 LDR Amendment -Medical offices --- -- ~ REVIEIIV BY O`T'HERS Courtesy Notices Courtesy notices were provided to the following civic associations: ^ Neighborhood Advisory Gouncil ^ Progressive Residents of Delray (PROD) ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements for Specific Uses", by amending subsection (CELL), "Medical Offices", to provide for clarification regarding the applicability of certain State Statutes, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements for Specific Uses", by amending subsection (CELL), "Medical Offices", to provide for clarification regarding the applicability of certain State Statutes, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOIhiIMEN©ED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements for Specific Uses", by amending subsection (CELL), "Medical Offices", to provide for clarification regarding the applicability of certain State Statutes, by adapting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: Ordinance 13-10 2 Page 1 of 1 MEMORANDUM TO: Mayor and City Comtnissianers FROM: David T. Harden, City Manager DATE: June 2, 2010 SUBJECT: AGENDA ITEM 10.C. - REG, ULAR COMMISSION MEETING Ok' ~ [INE 15, 2010 ORDINANCE NO. 14-10 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider approval of Ordinance No. 14-10 amending Section 110.15, "Local Business Tax Schedule", of the City Code of Ordinances in order to provide for an increase in rates. BACKGROUND At the first reading an June 1, 2010, the Commission passed Ordinance No. 14-10. RECOMMENDATION Recommend approval of Ordinance No. 14-10 on second and final reading. http://miweb0011AgendasBluesheet.aspx?ItemID=3378&MeetinglD=2b2 fi11112010 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: May 26, 2010 SUBJECT: AGENDA TTEM 12.A. -REGULAR COMMISSION MEETING OF JUNE 1 2010 ORDINANCE N0.14-10 ITEM BEFORE COMMISSION The item before the Commission is Ordinance 14-10 which increases the local business tax schedule across the board by 5%. BACKGROUND Pursuant to Florida Statute Chapter 205, local business taxes may be increased by up to 5% every other year. The last increase in the local business tax schedule occurred in March 200$. This ordinance modifies Section 110.15 by increasing all local business taxes by 5%. Over the next year, this increase would give the City approximately $33,500 in additional revenue. RECOMMENDATION Staff recommends approval of Ordinance 14-10. http://miweb001 IAgendas/Bluesheet.aspx?ItemID=3363&MeetingID=260 6/10/2010 ORDINANCE NO. 1410 AN ORDTNANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORTDA, AMENDING CHAPTER 110, "LOCAL BUSINESS TAXES GENERALLY" BY AMENDING SECTION 110.15,. "LOCAL BUSINESS TAX SCHEDULE" TN ORDER TO PROVIDE FOR AN INCREASE IN RATES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City leas the authority to increase the rates not more than five percent (5%) every other yEar in accordance with ~205.0535(b)(~4), Fla. Stat.; and WHEREAS, the City has not increased the local b~.~siness tax schedule rates since 2008. NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY OF DELRAY BEACEI, FLORIDA, AS FOLLOWS: Section 1. That Chapter 11Q, "Local Bu~~ine~s Takes Genera1Ty", of the Code of Ordinances is ax~nded by ~g Secfion 110.15, "Local Business Tax Schedule", to read as fellows: Sec. 11Q.1.5. LOCAL BUSYNESS TAX SCHEDULE. The following enumerated individual local business taxes shall be paid to the City by the persons engaging in or managing or transacting the several occupations or professions named yearly, unless otherwise specif ed: TABLE INSET: Classification All Fees ~0 155.56 except as noted Abstracting Land title, warranty or security company. Each individual conducting the business of abstracting title, either in part or in whole, shall pay a license tax. Academy afMusic Adult Entertainment Advertising Agencies, firms, associations, corporations or other persons distributing circulars, pamphlets or other advertising matter, except local merchants and theaters advertising in this way their own goods and merchandise, shall pay an annual license tax. Advertising Agencies engaged in the business of bill posting shall pay a license tax, per year. Advertising 4~ce, Public Relations Alleys, Bowling, Boxball or Tenpins Each lane X4:1-~ 25.35 Ambulance Separate from undertaking, each ~84-3~ 88.57 Amusement Parlors or Concert Halls Apartment, Rooriaing Hawses Per room, excluding kitchen and bathrooms ~ 6.37 Aquarium Armored Car Service Each vehicle ~~ 88.57 Art Gallery {1) Art Studio, workshop, classes {2) Artist, commercial {3) Artist material or supplies (See Merchants) {4) Artists' outdoor sale: Each sale, frst day 37.97 Each day thereafter 4~3 12.74 Astrologists, Clairvoyants, Fortune Tellers, Palmists, Phrenologists, Spiritualists, Numerologists and Mental Healers These activities and others of a similar nature, whether or not in connection with another business charging fees, shall pay a license tax. Athletic Club, Gymnasium (Zoning} Auctioneers orz~. No.1~-Za Auctions Auction, Real Estate Per day Automatic Amusement Machines, Games or Devices, Distributor Annual Fee Note: It is understood that this shall not be construed to license or permit operation or display of gambling devices. Automatic Games and Devices or otherwise, marble games, such as throwing balls at figures and the Iike, which are not elsewhere provided for in this Chapter. Each machine or apparatus 59:~?9 53.21 Automatic Trade Machines Where only incentive to operate same is to procure such as gum, nuts and the like Each machine 3797 Distributor , n~ 14994 Automatic Weighing Machines Distributor Each machine 4~~ 12.74 Automobile or Motor Vehicles, Trucks, Farm Tractors and Farm .Implements, Motorcycles {1) Auto agency or dealer, in new or used cars, motor vehicles, motorcycles, trucks, farm tractors and farm implements, with one principal place of business, not to exceed one lot for display purposes, each agency, not to include repairs. {2) Each additional display lot. (3) Rental of vehicle not to exceed thirty (30) days as replacement for vehicles undergoing repairs by agency. Automobile (1) Automatic car wash, not in connection with other business (2} Automobile association (See Insurance) (3} Driving school (4) Parking lots, commercial, each lot 3 ORD. N0.14-10 (5} Repair shop or garage, in connection with auto agency {6) Repair shop or garage not in connection with other business {7) Self-serve car wash, first unit 4~} SO.fiO Each additional unit ~~ 12.74 {8) U-Drive rentals {9) Upholstering, tops, seat covers and the like {10) Automobile used parts, dealers in, used for purposes other than junk {11) Wrecker service, towing {12) Auto detailing Automabile Service Station Washing and polishing, greasing, lubricating and like servicing of automobiles, selling gasoline and oil, but not to include repair work and not to include the sale of merchandise required to be licensed otherwise by ordinance under Merchants. Automabile Service Statian Selling merchandise other than petroleum products used in greasing and lubricating, shall pay the Merchants license on other merchandise in addition to the foregoing. Baby Sitter Service ~2 7594 Baggage ar Freight Transfer Company Bakery Wholesale and retail, each store Ballrooms for Profit Banks (National and State chartered}, Savings and Loan Associations (per Section 5219 Revised Statutes 12 U.S.C. s48} Bankruptcy, Closing Out, Trustee Sale (See li ire sale} Barber Shops Beach Equipment (Subject to bids to the Commission) 4 ORD. N0.14-10 Beauty Shops Bible, Hol}~-Solicitors Bicycle Shop, both. retail and repair Billiard, Pool or Bagatelle Tables For profit, each table ~~ 63.21 Birds Dealers Blueprinting Service Maps, plats and the like Boat Agencies, New/Used Each lot, not to include repairs Boats for Hire Fishing, cruising or sightseeing (each boat} Boathouses Storage only Boat Marinas, Dockage, Yacht Basins Baat Repair Boiler, Machine Shops or Foundries Bondsman, Bail Bonds Book, Magazine Solicitors Per week ~9 63.21 Per person ~~ 25.36 Interstate commerce No fee Bookkeeper/Accountant; not C.P.A. Boot and Shoe Repair Shop Bottling Works BYOkerS Stockers, [Stocks,] bonds, mortgages, customs and others ORD. NO.14-10 Budding Inspector Building and Loan Associations (See Banks) Burglar Alarm Company Bus Station, intrastate business only Business College, Trade Schools Business Dice Butcher Shop Cabinet Shop Carpet and Rug Cleaning Each location Caterers Fixed base or mobile, each truck ~9 63.21 Ceramic Studio Chemical Companies Christmas Tree Sales Season only, each lot Citrus Fruits and Vegetable Retail (See Merchants] Claim and Collecting Agencies Cleaning, Pressing, Dyeing {See Laundries) Clothing Secondhand dealers Cold Drink Stand (See Merchants) Cald Storage All types Commission Merchants Handling shipments (other than specifically provided for herein) on a Commission basis Computer Service Concrete Products (See Manufacturer) ORD. NO. 14-1.0 Concrete Ready-Mrx Plant Contractors (1}General (2) Engineering contractor (includes bridge, bulkheading, drainage, excavating, sewer construction, dredging, irrigation systems, pile driving, seawalls, sidewalk, street grading and paving and similar contract work {3) Structural and reinforced iron and steel (4) Subcontractors and others as listed: Concrete, stone, brick Electrical Heating and ventilating House movers Masons Plasterers Roofing Sbeet metal and tinsmith Septic tank Tile WeII drilling floor sanding and finishing Lathers Plumbers (5}Any person who shall accept orders to be engaged in the business of accepting orders or constructs on-cost plus, fixed fee, stated sum, percentage basis or any combination thereof, or for compensation_other than wages for doing work on or in any building or structure requiring the use of paint, stone, brick, mortar, cement, wood, structural steel or iron, sheet iron, metallic piping, tin, lead or any other building material; or to do any paving or curbing on sidewalks or streets, on public or private property, using asphalt, brick, stone, cement or wood or any combination; or to excavate for foundations or any other purpose, or to construct sewers, septic tanks, docks, drive piling, construct bridges, construct seawalls and bulkheads of any and all description; and who is engaged in the business of building, remodeling, repairing, razing or moving, whether it be by contract, fixed ORD. N0.14-10 fee or sublet, percentage or any combination thereof, or for compensation other than wages, shall be deemed to be a contractor within the meaning of this Chapter. Convalescent Home {not sanitarium} Ch. 400, Florida Statutes, zoning, State Department of Health and Rehabilitative Services regulations Costume, Clothing Rental Credit Bureaus Dairies {milk distributors, jobbers or creameries delivering milk} Each truck HY~J' 88.57 Dance Halls Dancing Schools Data Processing (See Professional) Dealers in Secondhand Firearms This license shall be exclusive of all other license taxes. All secondhand dealers shall keep a permanent record of all purchase and sales, including dates, description of property purchased or sold, names and addresses of persons purchasing or selling them. Delicatessen Dental Supplies Dental Technician Laboratory Department Stores {See Merchants) Detective Agency Each location (state certificate} Distributor Dog and Pet Grooming - Sale of supplies (See Merchants) Dressmaking, Hemstitching {no stock carried) Drugs, Retail Dealer (See Merchants} Dry Cleaning {See Laundries) 8 ORD. N0.14-10 Electric Light and Power Companies Emigrant Agents Including any agent, solicitor or recruiter engaged in the business of hiring, enticing or soliciting laborers or emigrants. Employment Agencies Engravers or Lithographers Export or Import Companies Express Companies (Intrastate only) Exterminators (State certificate) Fertilizer Manufacturers--Mixing Plant Fire Extinguisher Sales, Service Fire and Wreck Sales When not conducted by bans f de business concerns previously established and doing business in the City), of undamaged goods of that firm having damage by fire or wreck, each sale. Fish or Poultry Market Fish Peddler (See Peddlers of anerchandise) Fishing Tackle (See Merchants) Fishing Tackle or Gun Repair Florists or Dealers in Flowers, each Food Lockers--Cold Storage Fruit, Vegetable Stand Fumigating (See Exterminators} Furniture and House Furnishing (See Merchants) Gas Companies {1) Distributing and selling gas through pipelines (2) Selling bottled gas (3) Gas tank wagon delivery only Gasoline and Oil Distributors ol~. lvo.1~-~a Wholesale, storage Facilities in the City Golf Courses, Each Golf Driving Range, Each Golf Miniature, Each Guaranty or Surety Title Companies Guard, Patrol Service (See Detective Agency) Guns, Sales or Repair Need Federal firearms dealers license Harness and Saddlery (See Merchants) Home Occupation Hospitals, Sanitarium Hotels Per room, excluding kitchens and bathrooms ~ 6.37 Hypnotists Must meet requirements set forth in F.S. Chapter 456 Ice Cream Manufacturers Ice Cream Parlors Ice Cream Wagon or Truck, each '''~ 126.41 Ice Manufacturing or Storage Import, Export (See Export) Insecticide Manufacturers or dealers Installers, Carpets Insurance Adjusters Insurance Agency ~'or each company represented Insurance Baggage, each company represented 14 ORD. NO.14-10 Insurance Casualty, life, hospitalization, industrial, burial, bonding and surety companies, each Interior Decorator Invalid and Hospital Supplies Jewehy Dealers buying and selling old gold, silver and other precious metals, or offer to buy and sell (permanent records of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling required). Jewelry Repair Jewelry Store (See Merchants} Junk Shops or Dealers License required whether or not sale or purchase or both, or solicitations are made Kennels, Animal (Approved location) Key Shop, Locksmith and Associated Services (See Merchants) Knife, Scissors and Tool Sharpener Landscape Company Laundry or Dry Cleaning Plant Agent for out of town laundries Local agency, permanent office Self-service Lawn Maintenance Lawn Spraying State Board of Health certificate Linen or Diaper Service Loan, Finance, Mortgage Company Lumber Dealers Lunch Stands, (Not over twenty-five (2S) chairs} 11 ORD. NO. ~ 4~-~ 0 Machine Shops (Not automobile) Mail Order Business Maintenance (Floor, home, office, building) Manicurist, each ~~ 75.94 Manufacturer Marble and granite Works Massage Salon Masseur, Masseuse, each ~~ 75.94 Meats {See Butcher shop} Merchandise, Secondhand (See Secondhand dealers} Merchants, Druggists and Storekeepers Messenger Service (exclusive of telegrams} Mimeograph and Letter Shop Monuments and Tombstones Motion Picture Theaters Giving performances of moving pictures or other forms of entertainment Movers {See Storage] Moving Company Musical Devices Operator of mechanically operated {whether operated in connection with or separate from any other business) License or tag must be displayed on each machine Musical Devices (Distributor} Music teachers Nails, Acrylic Shops (State certificate) Newspaper Publisher News Companies (Owners or managers of) Newsstands Owners or managers of, where daily and weekly newspapers or magazines, 12 ORD. N0.1410 postcards and the like are sold Night Clubs Restaurants, dining roams or other establishments, whether floor Shaw or other form of entertainment, exclusive of orchestra, is provided for guests. Novelty Works (See Manufacturer} Nursery Shrubs, trees, plants or landscaping Nursing Horne (See Convalescent home) Office Machine Repairs (See Repair shop} Oil (See Gasoline) Paint Manufacturer (See Manufacturer) Parcel Delivery Each vehicle ~ 75.94 Pawnbrokers Peddlers of Merchandise (1) Not otherwise enumerated specifically herein, shall pay a license tax per day of, each person ~~ 25.36 {2) Peddlers who are not producers of the product they sell and who peddle from house to house the products of the farm, grove or waters, shall pay a license tax per day of, each person ~~ 25.36 (3}Peddlers, hawkers or vendors engaged in the occupation of selling products such as fruit, eggs and vegetables and farm products from wagon, push cart or other vehicle, shall pay a license tax of, each vehicle {4} Peddlers, hawkers, vendors, agents ar solicitors soliciting business for out-of- town business houses or enterprises not maintaining place of business in city, providing however that this provision does not apply to wholesalers dealing exclusively with retailers (5) Traveling stores, dry goods, groceries, clothing, boots and shoes Pet Shop or Grooming (See Dog and pet grooming} Photo Processing, Film Developing Photographers 13 ORD. N0.1410 Piano tuners Picture Agents Plating with Metals Portable Toilets Postcard Stands {Only) Potato Chips (See Manufacturer} Print Shop or Publishing Private Postal Mailbox Private Schools (See Schools) Professional (1) The following practitioners are classed as professional, and each person engaged in the practice of this profession other than persons receiving only a salary or wage by a licensed practitioner in this City, is required to pay a professional local business tax: Accountants and auditors Architects Architects, landscaping Attorneys and lawyers Business consultant Chemists Chiropractors Chiropodists Data processing Dentist Draftsman Engineers, civil, consulting Interior Design Opticians Optometrists 14 ORD. NO.14-10 Osteopathic physicians Physicians Psychiatrists Research laboratory or office, for profit Surgeons Tax consultant Veterinarians or veterinary Other professions not classified (2) For each person operating with the person licensed in the preceding clause, other than the professional employees Property Management Promoters Entertainment, sports or contests Public Hall for Hire Public Stenographer Publishing Company Books, directories and the like Radio Communications Radio Repair Shop (See Repair Shops) Railroad Companies, each Real Estate Agency or Broker Recording Studio Reducing Salon Rental Equipment (All types) Repair Shops, each Repairs from Truck or Other Vehicle Restaurants (If dancing permitted, see Night clubs} Cafes and public eating places (whether food is served in connection with or separate from other business, except dining rooms in connection with hotels) 15 ORD. N0.14-10 Retirement, Rest Hojne (See Convalescent home) Rinks (Bicycle, skating or other} Roof Trusses (Se Manufacturer) Sawmill Yard Schools Secondhand Dealers (1) In goods, wares and mierchandise, secondhand or otherwise, known as secondhand dealers exclusive of firearms. (See Dealers in secondhand firearms and secondhand clothing) (2) All secondhand dealers shall keep a permanent record of all purchases and sales, including dates, description of property purchased and sold, names and . addresses of persons purchasing or selling them. (3) However, the business shall be adequately housed inside a substantial store building and provided that before any person shall sell or be engaged in the business of selling goods, wares, merchandise or other personal property, the sales being advertised as bankrupt, insolvent, insurance, assignee, trustee, auction, syndicate, railroad or other wreck, wholesale, manufacturer's or closeout sale, or as goods damaged by smoke, fire, water or otherwise, the person shall file an application with the Commission, which application shall be passed on by the Commission and a license tax paid. Secretarial Service Seed stores (Wholesale and Retail) (See Merchants) Ship Brokers Shoemaker and Repairs Shooting Gallery Sign Painters Commercial but not erecting Soda or Mineral Water Fountains Solicitor (See Peddlers of Merchandise) Sporting Goods (See Merchants) Stamp or Old Coin Dealer Storage Warehouse or Roam 16 ORD. N0.14-10 Tailors Tanning Salon Tattoo Salon Tax Agency (See Professional) Taxidermist, or agents for In addition to other license Taxis First vehicle 126.63 Each additional vehicle 699 63.21 Telegraph Companies Telemarketing Telephone Answering Service Telephone Solicitation (See Sections 11$.40 through 11$.45) Telephone Systems and Companies Intrastate business only Temporary Business Receipts {1) Business temporarily located inside enclosed shopping mall; thirty (30} days only (no extensions) ~2 75.94 (2) Special events, no more than once annually {if under three (3} days), as approved by Commission (each license, not otherwise enumerated herein) No fee (3) Special events, no more than once annually (in excess of three {3) days}, as approved by Commission (each license, not otherwise enumerated herein) ~2 75 94 Temporary Holiday/Vendors ~-3~ 75.94 Termite Control Companies Theatrical Directors Who charge for services in directing Local talent plays or performances, each performance Theatrical or Dramatic Groups or Companies f'or profit, where performance is not given in local, licensed theater, each performance 17 ~ ORD. N0.1410 Towel, Diaper Uniform Supply Company Towing Service (See Automobile} Trade Schools Trading Stamp Companies Trailer Park Trailer, Truck Rental Travel Bureaus Tree Pruner (Must have insurance) Tr2LCl~C Motor driven, also doing freight transportation, hauling or transfer business for profit, except where other licenses are paid in conducting business, each- (Does not apply to trucks owned by the city, county or state} U-Drive It Cars (See Automobile} Undertakers, Embalmers and Funeral Directors Uniform Supply (See Towel, diaper, uniform supply company) Upholsterer Vending Machines (See Automatic trade machines} Venetian Blinds Repair, installation and associated services Vulcanizing Each place of business Watch Repair Water (Sold in bottles) (See Bottling works) Water Companies Persons operating same Water-Softening Service Weight Clinic Weighing Machines (See Automatic trade machines) Wheelchair Rental (See lnvalid) 18 ORD. N~.14-10 Window Cleaning Window Tintzng Wood Yard Wrecker Service {See A~tornobile) Section 2. That should any section or provisian of than ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the rexnaixider hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the sarr~ are hereby repealed. Section 4. That this ox~danance shall become effective ixx~diately upon passage on second and final reacting. PASSED AND ADOPTED in reg~ilar session on second anal final Heading on this the day of 2010. ATTEST: City Clerk First Reading Second Reading MAYOR 19 ORD. 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