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07-06-10 Regular Meeting
City of Delray Beach Regular Commission Meeting ~~ }~ RULES FOR PUBLIC PARTICIPATION i. 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 Tuesday, July 6, 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:OD p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall section. S. Comments and Inquiries on Nan-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 carn.znent or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing ar 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 naxcae and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will. need to ensure that a verbatim record includes the testimony anal evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Delray Beach,, I~'larida 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: (551) 243-3774 24 Hours prior to the event in order for the City to accommodate your request. Adaptive listening devices axe available far 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. June 8, 2010 -Special/Workshop Meeting B. June 15, 2010 -Regular Meeting 6. PROCLAMATIONS: A. None 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends Approval. A. RESOLUTION NO. 34-10/LOCAL MITIGATTON___STRATEGY PLAN: Approve Resolution No. 34-10, thereby adopting the 2009 revised Palm Beach County Unified Local Mitigation Strategy Plan. B. RESOLUTION NO. 38-10/FLORIDA FISH__ AND WILDLIFE COMMISSION: Provide authorization for the City Manager to apply far a giant in the amount of $102,500.00 with the Florida Fish and Wildlife Commission for fending reconstruction of the Mangrove Park Boat Ramp. C. CONTRACT CLOSEOUT (CHANGE ORDER _ NO. 1.0, J} _ WEST CONSTRUCTION, INC.: Approve a Contract Closeout (C.O. No. 10) in the amount of a $14,767.04 decrease and final payment in the amount of $176,510.20 to West Construction, Inc. for completion of the Miller Park Improvements. Funding is available from 334-4173-572-63.90 (General Construction Fund: Improvements Other/Other Improvements). D. ACCOUNT NUMBER CORRECTION/SERVICE AUTHORIZATION NO. 07-i6/MATHEWS CONSULTING INC.: AUBURN AVENUE IMPROVEMENTS: Approve an account number correction for Service Authorization No. 07-16 to Mathews Consulting, Inc. in the amount of $113,244.00 for design of Auburn Avenue Improvements. Funding is available franc 334-3162-541- 68.65 (General Construction Fund: Other Improvement/Auburn Avenue Improvement) and 448-5461-538-68.65 (Storm Water Utility Fund: Other Improvement/Auburn Avenue Ixnpxovements}. 07/06/2010 -2- E. SERVICE AUTHORIZATION NO. 07-04.2 KIMLEY-HORN AND ASSOCIATES INC.• CULTURAL LOOP MARTIN LUTHER KING DRIVE BIDDING AND CONSTRUCTION SERVICES: Approve Service Authorization No. 07-04.2 in the amount of $11,800.00 with Kimley-Horn and Associates, Inc. for the Landscape, Electrical and Constriction Administration and Bidding Services of the Cultural Loop/Martin Luther King Drive Project #2004-056. Funding is available from 334-4141-572-68.57 {General Construction Fund: Other Improvement/Cultural Loop/MLK Drive Phase I}. F. REQUEST TO REDUCE VALET QUEUE/GAFFE LUNA_ ROSA: Approve a request from Gaffe Luna Rosa to reduce the operating hours of its Valet Parking Queue to start at 11:00 a.m. on weekdays, 10:00 a.m. on Saturdays and 9:00 a.m. on Sundays. G. ABANDONMENT OF AN UTIILITY EASEMENT AND A DRAINAGE EASEMENT: DELAIRE COUNTRY CLUB: Approve abandonment of an existing 10' x 345' utility easement, and a 12' x 297' drainage easement in conjunction with renovations to the Delaire Country Club's club house located at 4645 White Cedar Lane. H. ACCEPTANCE OF A DRAINAGE EASEMENT DEED DELAIRE COUNTRY CLUB: Approve acceptance of a 12' x 297' replacement drainage easement in conjunction with the renovations to the Delaire Country Club's club house located at 4645 White Cedax Lane. 1. INITIATION OF ANNEXATION/THE MARKETPLACE OF DELRAY: Approve the initiation of annexation via the provisions of the executed water service agreement and consent to annexation, with initial zoning of PC (Planned Commercial) for The Marketplace of Delxay, located at the northwest corner of Military Trail and West Atlantic Avenue. INITIATION OF ANNEXATION LOTS 5 - 7 BREEZY ACRES: Approve initiation of the annexation via the provisions of executed water service agreements and Consent to annexation, with initial zoning of R-1-AAA (Single Family Residential} of Lots 5-7, Breezy Acres, located on the east side of Markland Lane, 491 feet south of West Atlantic Avenue. K. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2010-1: Formally initiate Comprehensive Plan Amendment 2010-1 pursuant to Section 9.2.1 of the Land Development Regulations. L. ACCEPTANCE OF A RIGHT-OF-WAY DEED/METS MANAGEMENT OF PALM BEACH, INC.: Approve acceptance of a 2' right-of--way deed with Mets Management of Palm Beach, Inc., associated with the Cafe Mola located on the east side of N.E. 2nd Avenue, at 165 N.E. 2nd Avenue. 07/fl6/2fl10 -3- M. REVISION TO THE NEIGHBORHOOD STABILATION PROGRAM SP PLAN FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: Approve a Revision. to the Neighborhood Stabilization Program Plan to reallocate budgeted fu~ads to assist with the obligation of program dollars at the request of Florida Department of Community Affairs; and approve a revision to the NSP Housing Assistance Plan Chapter III Subsection 2.11, "Change Orders". N. GRANT APPLICATION/FLORIDA DEPARTMENT OF_. COMMUNITY AFFAIRS NEIGHBORHOOD STABILIZATION PROGRAM SP : Authorize staff to submit a giant application through the Florida Department of Community Affairs for additional funding for the Neighborhood Stabilization Program (NSP) to purchase foreclosed ox abandoned homes for rehabilitation, resale and redevelopment. O. _RESOLUTION NO. 35-10/AMENDMENT TO LOCAL HOUSING ASSISTANCE PLAN {CHAP): Approve and adopt Resolution Na. 35-10, an amendment to City's State Housing Initiatives Partnership (SHIP) Program, Local Housing Assistance Plan (CHAP) for Fiscal Years 2010-2013. P. MULTIPLE BID AWARDS/NEIGHBORHOOD STABILIZATION PROGRAM SP RENTAL AND HOMEBUYER DISPOSITION SERVICES PROVIDER(S~ PER RFP 12-20NS: Approve multiple bid awards for Rental and Homebuyer Disposition Services fox the Neighborhood Stabilization Program with regard to RFQ 12-2010NS to carry out activities under the Neighborhood Stabilization Program (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). Q. AMENDMENT TO THE SCHOOL READINESS CHILD CARE SERVICE AGREEMENT/FAMILY CENTRAL, INC.: Approve an Amendment to the School Readiness Child Care Service Agreement between the City and Family Central, Inc., to remove Pine Grove Elementary School as a subsidized location. R. AMENDMENT TO THE CONTINUE-TO-CARE AFTERSCHOOL SERVICE AGREEMENT/FAMILY CENTRAL,_INC.: Approve an Amendment to the Continue-to-Care Afterschool Service Agreement between Family Central Inc., and the City of Delray Beach to remove Pine Grove Elementary School as a subsidized location. S. AMENDMENT NO. 2 TO THE AGREEMENT MAE VOLEN SENIOR CENTER. INC.: Approve Amendment No. 2 to the Agreement with Mae Volen Senior Center, Inc. to extend the contract term for operation of the Alzheimer's Day Care facility for an additional three (3) years. 07/06/2010 -4- T. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT• COMMUNITY REDEVELOPMENT AGENCY• CONSTRUCTION/PROFESSIONAL SERVICES: Approve Amendment No. 1 to the Interlocal Agreement between the City and the Community Redevelopment Agency {CRA) fox funding construction/professional services fox certain projects as listed on Exhibit "A" attached to the Agreement for FY 2009/2010. U. INTERLOCAL AGREEMENT: BOCA BATON/CITY OF BOYNTON BEACH/CITY OF DELRAY BEACH: Approve an Intexlocal Agreement between the City of Boca Raton, City of Boynton Beach and the City of Delray Beach to allow the parties to pre-screen their DNA sample evidence in a shared Biology Processing Lab {BPL). V. AGREEMENT: COMMAND SECURITY CORPORATION: Approve an agreement with Command Security Corporation to provide complete administration for all the non-City sponsored Police off-duty details and receive a portion of the payment for the details from the outside vendors. W. SPECIAL EVENT RE VEST SPADY LIVING HERITAGE DAY: Approve a special event request to endorse the 5~' Annual Spady Heritage Day to be held on August 21, 2010 from noon to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of N.W. 5`~ Avenue £xom Atlantic Avenue to N.W. 15` Street and S.W. 5`'' Avenue from Atlantic Avenue to S.W. ls~ Street; to authorize staff support far security, clean up, barricading, City generator use, set up and use of the large mobile stage, and event signage and banners; contingent upon the receipt of a Certificate of Liability Insurance and a hold harmless agreement ten (10) days prior to the event. X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 14, 2010 through July 2, 2010. Y. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Brang Construction, Inc. in the amount of $79,960.00 for construction of phase II improvements to the Fire Apparatus Repair Bay Facility. Funding is available from 501-3312-591-62.10 (Garage Fund: Capital Outlay -- Building/Building). 2. Contract award to Brang Construction, Inc. in the amount of $9,488.79 for completion of required modifications to the proposed X-ray room for the City's Health & Wellness Center. Funding is available from 551-1577-591-46.10 (Insurance Fund: Repair and Maintenance Services/Building Maintenance). 3. Contract award to Rosso Paving & Drainage, Inc. in the amount of $66,397.40 for the construction of new sidewalks along S.W. 7~' Street and S.W. 10`'' Street. Funding is available from 118-1965-554-63.f11 (Neighborhood Services: Improvements-Other/Bikepaths/Sidewalks). 07/06/2010 -5- 4. Bid award to Rosso Paving & Drainage, Inc. in the amount of $58,99GA0 for the construction of Dixie US-1 Connector (N.E. 22"d Lane). Funding is available from 334-3162-541-63.83 (General Construction Fund: Improvements Other than Buildings/Dixie Highway - US 1 Connector}. 5. Purchase award to East Coast Undervvatex Repair, Inc. in the amount of $26,560.00 for the installation of five (5} additional Tideflex Check Valves. Funding is available from 448-5416-538-46.90 (Storm Water Utility Fund: Repair and Maintenance Service/Other Repair/Maintenance Cost). 6. Purchase acsrard to Pat's Pump & Blower in the amount of $179,250.00 for a 2010 Allianz Johnston RT655 Street Sweeper. Funding is available from 448- 5461-538-64.20 (Storm Water Utility Fund: Machinery /Equipment/Heavy Equipment). REGULAR AGENDA: A. CONDITIONAL USE REQUEST/CVS STORE: Consider a conditional use request to establish a 24 hour late night business fox CVS Store, located at 700 N.E. 6s` Avenue. (Quasi Judicial Hearing) B. WAIVER REQUESTS/TEMPORARY USE PERMIT[DELAIRE COUNTRY CLUB: Consider a request fox a temporary use permit and two (2) waiver requests to allow the use of a structural tent to house the dining facilities at Delaire Country Club for a period not to exceed 1 S months, and to allow the increase in the maximum size of the temporary structure from 10' x 12' to 82' x 6G' for clubhouse renovations associated with Delaire Country Club located at 4645 White Cedar Lane. (QrxasiJudr'cial Hearing) C. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint four (4) regular members to the Financial Review Board to serve two (2) year terms ending July 31, 2012. Based on the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5). D. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint one (1) regular member to the Community Redevelopment Agency (CRA) to serve a four (4) year term ending July 1, 2014. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2}. E. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1} regular xnexnber to the Downtown Development Authority (DDA) to serve a three (3) year term ending July 1, 2013. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). 07/06/2010 -6- F. APPOINTMENTS TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint three (3) regular members to the Delray Beach Housing Authority for a four (4} year term ending July 14, 2014. Based upon the rotation system, the appointments recommendations wi11 be made by Mayor McDuffie {Seat #5}, Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer {Seat #2). G. APPOINTMENTS TO THE CIVIL SERVICE BOARD: Appoint two (2) regular members and one {1) alternate member to the Civil Service Board for a two (2) pear term ending July 31, 2012. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2}, Commissioner Frankel (Seat #3} and Commissioner Gray (Seat #4). H. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one {1) alternate member to the Nuisance Abatement Board for an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner EIiopoulos (Seat #1}. 1. APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION; Appoint one {1) alternate member to the Public Employees Relations Commission fox a four (4) year term ending June 30, 2014. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). 10. PUBLIC HEARINGS: A. COMMUNITY DEVELOPMENT BLOCK GRANT CDBG ANNUAL ACTION PLAN ~FY__ 2010_ - 2011 Consider approval of the Cofu~rnunity Development Block Grant {CDBG) Annual Action Plan required by the United States Housing & Urban Development Department (HUD) for utilization of federal grant funds. (Staff has requested the item be postponed until the August 3, 2010 City Commission Meeting} B. ORDINANCE NO. 09-10 FIRST READING FIRST PUBLIC HEARING City initiated amendments to the Land Development Regulations (LDR}, to clarify the "medical office" use by adding this use to multiple zoning districts by amending Article 4.4, `Base Zoning District", Section 4.4.9, "General Commercial District", Subsection (B), "Principal Uses and Structures Permitted"; Section 4.4.13, "Central Business District", Subsection (B), "Principal Uses and Structures Permitted"; Section 4.4.15, "Planned Office Center District", Subsection (B), "Principal Uses and Structures Permitted"; Section 4.4.16, "Professional and Office District", Subsection (B), "Principal Uses and Structures Permitted"; Section 4.4.17, "Residential Office District", Subsections (B), "Principal Uses and Structures Permitted", and (G), "Supplemental District Regulations"; amending Appendix "A", "Definitions", to enact revised or new definitions for "Medical Clinics", "Medical Laboratory', and "Professional Offices". Yf passed, a second public hearing will be held on July 20, 2010. 07/06/2010 -7- C. ORDINANCE NO. 1110 FIRST READING FIRST PUBLIC HEARING Consider a city initiated amendment to the Land Development Regulations (LDR}, Article 4.3, "District Regulations, General Provisions", Section 4.3.3, "Special Requirements for Specific Uses", Subsection (Q), "Guest Cottage", and Subsection (~, `Bed and Breakfast Inns", to clarify and amend bed and breakfast inn use requirements; amending Article 4.4, `Base Zoning District", Section 4.4.6, "Medium Density Residential (Ri1~I} District", Subsection (D), "Conditional Uses and Structures Allowed", to add bed and breakfast inn as a conditioztal use, amending Section 4.4.13, "Central Business (CBD) District", Subsection (B}, "Principal Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed"; Section 4.4.17, "Residential Office (RO) District", Subsection (D), "Conditional Uses and Structures Allowed"; and Section 4.4.24, "Old School Square Historic Arts District", Subsection (B), "Principal Uses and Structures", to clarify bed and breakfast inn uses; amending Appendi~c "A", "Definitions", to enact revised definitions for "Bed and Breakfast Inn", and "Guest Cottage". If passed, a second public hearing will be held on July 20, 2010. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEM5 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. ORDINANCE NO. 12-10: Consider a city initiated amendment to Appendix "A", "Definitions" of the Land Development Regulations (LDR) to revise the deftnition of "Pharmacy. If passed, a public hearing will be held on July 20, 2010. B. ORDINANCE NO. 1~-10: Consider a city initiated atendment to the Land Development Regulations {LDR} Section 6.1.10, "Water System", to eliminate a fire protection provision that conflicts with the Florida Fire Prevention Code. If passed, a public hearing will be held on July 20, 2010. C. ORDINANCE NO. 1G-1Q: Consider approval of an historic designation and individual listing on the Local Register of Historic Places for The Harcrel House, to be located at 186 N.W. 5a' Avenue. If passed, a public hearing will be scheduled on July 20, 2010. D. ORDINANCE NO. 21-10: Consider an amendment to Chapter 32 "Departments, Boards and Commissions", by amending Section 32.66, "Meetings", to provide far quarterly meetings of the Police Advisory Board. If passed, a public hearing will be held on July 20, 2010. 07/06/2010 g .. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Managex B. City Attorney C. City Comt~nission POSTED: JULY 2, 20'10 o~/o~/ZO1o -s- SPECIAL/WORKSHOP MEETING JUNE 8, 2010 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayar Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., on Tuesday, June S, 2010. Roll call showed: Present - Commissioner Gary P. Eliopoulos (6:04 p.m.} Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - Commissioner Fred B. Fetzer Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Kimberly Wynn, Acting City Clerk Mayor Nelson S. McDuffie called the special meeting to order and announced that it had been called for the purpose of considering the following Items. SPECIAL MEETING AGENDA 1. LETTER OF COMMITMENT/PALM BEACH COUNTY: Provide authorization for the Mayor to sign a Letter of Commitment to reimburse Palm Beach County in an amount up to $18,000.00 for the conversion of the signalized intersection at N.E. 15` Street and N.E. 5th Avenue (southbound US 1) to accommodate two-way traffic on N.E. 1st Street. Funding is available from 334-33.62-541-65.88 (General Construction Fund/Capital Outlay/S.E.-N.E. 1st Street One-Way Pair). Randal Krejcarek, City Engineer presented this item. He advised that he needed to have authorization for the Mayar to sign a Letter of Commitment to Palm Beach County for $18,000.00 for the conversion of the signalized intersection at N.E. 15` Street and N.E. 5s' Avenue (southbound US 1) to accommodate two-way traffic on N.E. 1st Street. He stated that Palm Beach County is ready to move forward with the project. Once the letter is signed, the work will commence within a couple of weeks and be completed within a month. Mr. Frankel made a motion to authorize the Mayor to sign a Letter of Commitment; seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 2. REQUIREMENT TO CHANGE BUDGET HEARING DATES: Consider approval to change the first budget public hearing date currently scheduled for Tuesday, September 7, 2010. Mayor McDuffie discussed this item. He stated there is conflict with the budget dates for Palm Beach County School Board in September and that Monday, September 6, 2010 is Labor Day and City Hall would be closed. Wednesday evening, September 8, 2010 is the beginning of Rosh Hashanah. Mayor McDuffie discussed some alternative meeting dates and asked for suggestions. Mr. Eliopoulos suggested the meetings be moved to the same day. Mrs. Gray recommended having the regular meeting on September 7, 2010 and to move the budget hearing date. Mr. Frankel suggested a meeting on September 1Sr, 2nd or 3`~ Mr. David T. Harden, City Manager, advised that the meetings cannot happen before September 7~' and explained the advertisement requirements. Mayor McDuffie explained that budget meetings are not like budget hearings. He stated that Commission can still have the same number of budget meetings as last year. Mr. Harden stated that he had been advised by Douglas Smith, Assistant City Manager, that the first budget hearing meeting could be held on September 3, 2010. Mr. Harden suggested that the Workshop Meeting on September 14, 2010 be moved to September 15, 2010 and have the first budget public hearing on the same date. Mr. Frankel asked if it would present a problem to have the budget hearing dates scheduled six {6} days apart. Mr. Eliopoulos stated that although the dates are close, he did not see a lot of options. Mayor McDuffie asked if the budget hearing would be on Friday, September 3, 2010 and the final hearing on September 21, 2010--which would be an eighteen (18) day gap instead of a four (4} day gap. He also reminded Commission that this is Labor Day weekend. Mr. Frankel suggested that the first budget public bearing be on Monday, September 13, 2010 instead of Wednesday, September 15, 2010, which allows two (2) additional days. Mr. Frankel made a motion to have the Regular Commission Meeting on September 7, 2010; the First Public Budget Hearing and Workshop on September 13, 2010 and a Final Public Budget Hearing on September 21, 2010; seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes. Said motion passed with a 4 to 0 vote Mayor McDuffie adjourned the Special Meeting at 6:14 p.m. i~ORKSHOPAGENDA 1. PRESENTATION REGARDING A POTENTIAL COMPRESSED NATURAL GAS FUELING STATION Scott Aronson, Parking Management Specialist, introduced Jeff Greene, Business Development Representative with Wise Gas (an alternative fixel company). 2 Tune 8, 2010 Mr. Aronson explained that he is seeping approval to move ahead with a grant submission for the purchase of new trolley-style vehicles which would be powered by compressed natural gas (CNG}. Mr. Greene presented a PowerPoint presentation on Wise Gas. He discussed the objectives of the company which is to obtain fiuiding, develop a partnership to insure satisfactory implementation and create an infrastructure that can benefit the City and its residents. Mr. Greene explained that the City would need to sign a letter of intent to allow Wise Gas to assist with the grant application process. He discussed several reasons why the City should use natural gas including: (1) cheaper prices, (2) the Federal Government is subsidizing early adopters, (3) natural gas refueling is an alternative that withstands hurricanes and lastly, (4) it is domestic, cleaner and abundant. He talked about some areas that use compressed natural gas. Mr. Eliopoulos said he thought the presentation was great. He asked if generators would be needed and what was the fuel efficiency of the vehicles. Mr. Greene advised him that a natural gas backup generator would be used. He stated that the fuel efficiency is 95% of a traditional gasoline-powered vehicle. Mr. Harden stated that the City had some CNG vehicles in the late 1990's and there was a refueling station at the Palm Beach County Complex on Congress Avenue. Unfortunately, the fueling station was not reliable so the City gave them up but the vehicle performance was satisfactory. Mayor McDuffte asked how emissions compared with the CNG and traditional gas powered vehicles. Mr. Greene discussed the comparison. Mrs. Gray asked about the cost of the project. Mr. Greene stated that with Commission approval they would develop a site that would be acceptable; the estimated cost is between ~2-2.~ million. Mrs. Gray asked if other cities had been able to get grant dollars for this type of project. Mr. Greene stated all of the cities were able to get grant dollars. Mrs. Gray asked about the deadline on the next round of grants and the length of the process. Mr. Greene stated that the due date to apply for the grant, which is a 90% federal match, is June 18, 2010. Mr. Aronson stated that the next round of grants would be for the purchase and rehabilitation for transit systems nationwide. Mayor McDuffie asked if it is intended that the grant would cover the full price of the conversion for the fossil fuel vehicles. 3 June 8, 2010 Mr. Greene stated that this grant would not cover the conversion. This grant would be for the troIleys and the infrastructure only. Mr. Richard Hasko, Environmental Services Director, recommended some alternatives based on the challenges with the CNG vehicles the City had years ago. He also discussed some funding alternatives that could be used. Louie Harry, Partner at Wise Gas, Inc. discussed haw this conversion would benefit the City economically and haw it would attract corporate businesses. Mayor McDuffie stated that this is quite an investment in "greening" the City. Mr. Eliopoulos stated that he supported the idea especially if there are grants and it would attract people to the City. Mr. Frankel applauded staff and Mr. Greene for a great presentation. He said he supported the idea and encouraged the City to apply for grants. Mr. Hasko advised that in order to pursue the grant that is due on June 1$, 2010 certain documentation would be required by the City which includes a letter of intent that would have to go before the Commission at the Regular Meeting of June 15, 2010. Mrs. Gray advised that she supported the idea. Mayor McDuffie supports the idea and thinks that this is a great step for other communities. It is the consensus of the Commission to support the Compressed Natuxal Gas (CNG) Fueling Station. 2. PROVIDE AN UPDATE ON THE FOURTH OF ULY FESTIVITIES Mr. Robert Barcinski, Assistant City Manager, introduced Sarah Martin, Executive Director of the Downtown Marketing Cooperative. He stated that Ms. Martin will provide an update on the Fourth of July expenses as well as the revenue from the sponsorships. Ms. Martin discussed the Fouxth of July sponsorships to date. She stated that she is aggressively working to obtain mare sponsors. To date, she has secured funds in the amount of $8,000.00 from sponsors. The X22,300.00 amount originally requested was reduced to X14,300.00. Ms. Martin discussed some of the challenges she encountered with the banks and an auto dealership, and how she is working to overcome the obstacles. Mr. Eliopoulos asked which auto dealership and bank had backed out. Ms. Martin stated that South Florida Ford Dealers selected Fort Lauderdale's Fourth of July event to sponsor because most of the auto dealership's market was generated down there. Mr. Eliopoulos congratulated Ms. Martin on her promotion. He asked how she would handle getting this event funded in the future. 4 June $, 2010 Ms. Martin discussed how she.would handle events in the future. She said she would set up new and existing sponsors for the entire year begnnlrig in September. Mr. IJliopoulos asked about the relationship between Downtown Marketing Cooperative (DMC) and the Downtown Development Authority (DDA). Ms. Martin advised that the relationship is good. Mrs. Gray asked if there were any new sponsors secured besides Honda. She also asked if the Community Redevelopment Agency {CRA} and Downtown Development Authority had been asked fox additional funding to defray costs. Ms. Martin advised she had several new sponsors and discussed her plans to attract new businesses with reduced costs and by moving the stages from the beach to A-1-A. Mr. Barcinski stated that the CRA and the DDA were both asked far additional funding. He said the request is scheduled to be discussed by the CRA at their next board meeting; DDA is reviewing the cost because they are looking at hiring additional personnel. Mrs. Gray asked if the DMC is able to secure the giants, would the City be reimbursed. Ms. Martin stated that if the funds are not needed, she would let Commission know. Mr. Frankel congratulated Ms. Martin on her promotion. He asked why DDA would reap the benefits if they did not contribute towards the event. Ms. Martin discussed the partnership level with the DDA. Mr. Frankel asked if any of the sponsors pulled out because of the personnel change. Ms. Martin advised that a lot of sponsors wanted to wait on the dust to settle. Mayor McDuffie congratulated Ms. Martin on her promotion. Ms. Martin described soxx~e of the events that would be held at the Fourth of~uly event. It was the consensus of the Commission to support this event. 3. DISCUSSION OF THE CHARTER AMENDMENT FOR COMMISSION TERMS Brian Shutt, City Attorney presented this item. He advised there was a revised memo with a change to Scenario #3. He discussed the proposed charter amendment to Commission terms. He explained Scenario #1, Scenario #2 and Scenario #3. Mr. Shutt advised that an ordinance would have to be in place before August 2010 to get the change on the November 2010 ballot. Mrs. Gray asked if the $2,340.00 referenced in Scenario #1 is the cost to actually put this on the November ballot. Mx. Shutt explained that other costs would incur in addition to the $2,340.00. Mrs. Gray clarified the money saved on the election for Scenario #1. June 8, 2010 Mr. Frankel stated that it is better to save the money sooner than later. He stated that he supported Scenario #1 or Scenario #2. Mr. Eliopoulos stated that he is okay with the Scenaxio #1 but he did not want it to benefit him. He advised that he did not want the amendment to extend his term because he does not feel right voting that way. Mr. Eliopoulos said that he supported the idea because thexe are some benefits to a having two {2} three year terms. Mr. Shutt advised Commission that Scenario #2 would affect the two youngest Commissioners {Seat #3 and Seat #4). Mrs. Gray asked if Scenario #2 would incur any costs. Mr. Frankel advised that since we have an election in March 2011, Scenario #2 would not incur any cast. Mr. McDuffie said that Scenario #2 is good with him; Scenario #1 would add to his term and he would pxefex not to do that. He advised that he wanted to send a message to the electors that it is about what Commission wants to do {policy} and not picking up extra time in the current Commissions' terms. Mx. Fxankel stated that he supported Scenario #2. It was the consensus of the Commission to suppoxt Scenario #2. Mr. Shutt added that Mr. Fetzer responded that he would like to see it not affect any sitting Commissioners, which would support Scenario #3. 4. UPDATE ON NEGOTIATIONS WITH SUNGARD FOR PUBLIC SAFETY SOFTWARE Mr. Douglas E. Smith, Assistant City Manager, presented this item. He provided an update on the negotiations with SunGard for a public safety software system. Mr. Smith explained that the original proposed cost of $1.388 million exceeded the available budget which was $1.15 million. He explained the proposed amount was based on what SunGard suggested, not on what Information Technology {IT} recommended. Mx. Smith advised that-they looked at pricing from other cities and he provided a summary. Mr. Smith discussed the conditions of the contract negotiated with SunGard. He discussed the cost comparison for the public safety software pxoject. Mr. Smith advised that a small amount, less than $1,000.00, would probably have to be added for shipping fees which is not included in the price. He discussed the different fees and services offexed. He advised that if Commission is comfortable with the proposed contract, staff would bring the item back to Commission at the June 15, 2010 Regular Meeting. Mx. Harden stated that he was pleased with the software package that was done by Mr. Smith within budget. 6 June 8, 2010 Mr. Frankel stated that he supported the application and commended hixxz for reducing the cost. Mr. Smith recognized staff for their haxd work and dedication. Mr. Eliopoulos advised that he supported the idea. Mrs. Gray stated that she supported the idea. Mayor McDuffie discussed software implementation and installation. He congratulated Mr. Smith on negotiating the numbers down within budget Guy Buzzelli, Chief Information Officer, discussed the server that would be utilized with the public safety software. Mayor McDuffie adjourned the Workshop Meeting at 7:37 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday, June S, 2010 which Minutes were formally approved and adopted by the City Commission on u1~ l~r 6, 2010. City Clerk NOTE TO READER: H the Minutes you have received axe not completed as indicated above, this means they are not the official Minutes of the City Commission. They will becoxx~e the official Minutes only after review and appxoval, which may involve amendments, additions or deletions to the Minutes as set forth above. 7 June 8, 2010 JUNE 15, 20.10 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, Tune 15, 2010. 1. Roll call showed: Present - Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuff e Absent - Commissioner Gary P. Eliopoulos Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Terrill Pyburn, Assistant City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Pastor Bernard King, Sr. with Corner Stone Bible Fellowship. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Frankel moved to approve the Agenda, 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. 5. APPROVAL OF MINUTES: Mr. Fetzer moved to approve the Minutes of the Regular Meeting of May 25, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuff e -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 4 vote. Mr. Frankel moved to approve the Minutes of the Regular Meeting of June i, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 0 vote. 06~lsilo 8.D. SERVICE AUTHORIZATION NO. 07-16/MATHEWS CONSULTING, INC.IAUBURN AVENUE IMPROVEMENTS: Approve Service Authorization No. 07-16 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 448-5461-838-99.01 {Storm Water Utility Fund: Other Non-Operating /Project Preserve). S.E. PROPERTY DAMAGE SETTLEMENT AND RELEASE FORMICUSTARD INSURANCE ADJUSTERS: Authorize the City Manager to sign a Property Damage Settlement and Release Form from Custard Insurance Adjusters. S.F. RESOLUTION NO. 32-10: ABANDONMENT OF UTILITY EASEMENT: Approve Resolution No. 32-10 abandoning a 10' X S 1.3' wide general utility easement for the property located in the front of the Grove Car Wash site at 2210 North Federal Highway. The caption of Resolution No. 32-10 is as follows: 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 EXHIEIT «A» (The official copy of Resolution No. 32-10 is on file in the City Clerk's office.} S.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 Pian. S.H. AFTERSCHOOL PROGRAM SERVICE AGREEMENTIFAMILY 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. 8_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 Frogram. 06/15/10 8~. 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 for 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 i $22,406.00 for fencing the north perimeter of the Environmental Services Department Compound. Funding is available from 442- 5178-536-46.90 (~7Vatex & Sewer Renewal & Replacement Fund: Repair & Maintenance ServicelOther Repair/Maintenance Cost}. 3. Purchase award to Dell Computer Corporation in the amount of $285,4$2.32 far eight {8) servers, VMware license and related equipment to provide redundant server systems for the SunGard Public Safety Software per State of Florida Contract #250-400-09- 1. Funding is available from 334-2111-521-64.11 (General Construction Fund: Machinery/EquipmentlComputer Equipment). Mr. Frankel moved to approve the Consent 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. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A. REQUEST FOR IN-LIEU PARKING SPACES/LEMONGRASS RESTAURANT: Consider a request from Lemongrass Restaurant for the purchase of three (3) in-lieu parking spaces in the amount of $46,$00.00. Lemongrass Restaurant is located at 420 East Atlantic Avenue. (Quasi-Judicial Hearing) Mayor McDuffe 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 this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he spoke to a couple of the employees of Lemongrass Restaurant not particularly on this subject; however, they wanted to thank the City far putting a bike rack out in front and for moving a huge sign that was blocking the restaurant. Mr. Fetzer, Mrs. Gray, and Mayor McDuffie had no ex parse communications to disclose. Scott Aronson, Parking Management Specialist, stated this is a request from Lemongrass Restaurant located at 420 East Atlantic Avenue. 5 06/15/10 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 McDuff e -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.B. MODIFICATION OF A TEMPORARY USE PERMIT/VILLAGE ARTS MART: Consider approval for a xnodification of the temporary use permit for an Arts Mart at 113 & 115 N.E. 4th Avenue. (Quasi-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 parte communications. The Commission had no ex pane communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning project file #2010-071 into the record. Mr. Dorling stated this is a request to modify the temporary use permit for Village Arts Mart located at 113 & 115 N:E. 4~` Avenue. Mr. Dorling stated on February 2, 2010, the City Commission approved an 1 S month temporary use permit for the Village Arts Mart to be open from noon to sunset on Saturdays and Sundays during the winter season (October to May) to operate with the Delray Green Market. The Arts Mart was established very late in the 2010 winter season. The ability to draw customers to its location proved more difficult than was expected by the organizers and they have now ceased that operation in May. Mr. Dorling stated the applicant would like to modify the temporary use permit they received on February 2, 2010 to boost this proposal. The modifications include a change in the schedule to allow them to operate during the summer and change the hours of operation from the previous noon to sunset to 5:00 a.m. to 1:00 p.m. on Saturday and Sunday in the summer months. Mr. Dorling stated they are also requesting to expand the products to include same of the things that the Delray Green Market provided (i.e. vegetables, etc.} during that surnrner month period with a coxnn~itment that once the Green Market came back online in October they would go back to their original category of arts only. Mr. Dorling stated they would also like to change some of their vending booths; the tents would remain the same but they would be reconfigured. He stated the majority of the tents are in the center lot with parking on the north and south and they would like to move seven of those to the corner of N.E. 15~ Street and N.E. 4t~' Avenue. Ann Faltan, 1124 Vista Del Mar .Drive Delra Beach FL 33483 (renresentin~ Village Arts Mart), thanked the City Commission for allowing them to attempt this last February and stated they are looking for an opportunity to establish this location as a marketplace. 7 06/15/10 Mrs. Gray expressed concern about the Creative City Collaborative {CCC) being anon-profit agency being that the City had just gone through this with the Downtown Development Authority (DDA) requesting space. She asked for clarification on what the function is of the CCC. Jeff Costello, Assistant CRA Director, stated the CCC was developed several years ago which Mr. Barcinski heads. Mr. Costello stated several months ago there was miscommunication of the various arch related groups and this brings it all together into one and be able to work with all the arch related groups in Delray Beach. Mr. Costello stated this particular space is a temporary space and they just hired the CCC Director. He stated it is a collaboration of all the other arch related uses and that is anot-for-profit and the idea is that this would get started and then eventually it will have to survive on its own. Mr. Costello stated this is temporary and this will also accommodate space for the Economic Development Director on a part-time basis and be housed in the same office and the City provides funding for a portion of his salary. Mrs. Gray asked if there is any reason the CCC Director cannot be housed off-site on either S.W. 5~' Avenue and N.E. 3`d Street and why they actually have to come into City Hall. Mr. Costello stated the commercial space on N.E. 3`d Street is a contractor's office and it is not really set up at this point. Mr. Costello stated once they get this person on board they are going to get with consultants to develop plans to develop that particular interior build out for that site. He stated the site on N.W. Stn Avenue Commissioner Gray Is referring to is a commercial space that is just a shell. Mr. Costello stated at City Hall everyone is tied in on the same Internet system, etc. and this City related group and the CRA thought it would be more appropriate in City Hall in the interim until they get the interior build out on N.E. 3rd Avenue. Mr. Costello stated the CRA does not expect it to go more than two years depending on how they progress with the other site. Mr. Costello stated the CRA also issued an RFP property on N.W. Stt' Avenue to lease that to a not-for- profit separate from the CCC. Mrs. Gray asked what the CR.A plans to do with the two vacant pieces of property on N.W. 5th Avenue. Mr. Costello stated the CRA has a parking situation there that the CRA is trying to rectify. He stated last week the Historic Preservation Board (HPB) approved the plans to add an additional 22 parking spaces in that immediate area. Mr. Costello stated those businesses in that area is very short on parking because there are four residential condominium units and there are only four parking spaces. He stated you do not want to have a shortage of parking then people won't want to visit the business anymore because of that. Mr. Costello stated they put up far one bay for not-for-profit in their early stages and they can also move on to another more permanent space. Mrs. Gray stated the City does share in his salary and it made more sense to her to have an Economic Development Director here at City Hall as far as doing City business more so than the CCC. Mr. Costello stated the Economic Development Director is 75% CRA and 25% City. Mr. Costello stated Mr. Perez-Azua has committed a lot of tune into the CRA aspect far the development incentives for redevelopment in the CRA area and the arts are viewed as an economic development tool. Mrs. Gray stated in the contract it mentions that only the CCC will have that lease space and asked if this will have to 6e amended to add the Economic Development Director to that. The City Attorney stated the Commission can approve the license agreement subject to adding the Economic Development Director's position into the agreement. 4 06/15/10 Mr. Frankel stated many other municipalities have come to our City Attorney's office and have been crafting theirs as their own. Mr. Frankel moved to deny the settlement offer of Bowling Green, Inc. of Pensacola v. City of Delray Beach, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion to deny passed with a 4 to 0 vote. 9.E. CONTRACT _ AWARDISLTNGARD PUBLIC SECTOR, INC.: Consider a roval of a contract award to SunGard Public Sector, ~ ~~~c~~ pp In . 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. Doug Smith, Assistant City Manager, stated on March 2, 2010, the Commission authorized staff to negotiate with SunGard Public Sector, Inc. and with Firehouse for their portion of our public safety contract for Police and Fire software replacement. Mr. Smith stated regarding the f rehouse site visit, staff found out that they were not using the mobile EMS software the way that we planned to so staff recently conducted a phone conference call with another jurisdiction outside of Florida that is using it. He stated following that review, the Fire-Rescue Department is satisfied with the use of the software for that purpose and they also tested the software on a demo version so they are satisfied with that. Mr. Smith stated they discussed a little bit about their overall contract which was that the cost had been reduced to $1.15 million not counting some dispatch computers that the City plans to fund from a different fund and this was reduced from the contract amount that staff initially brought before the Commission of just over $1.388 million. Mr. Smith stated this offer was contingent upon, for SunGard's purposes with their fiscal year ending, the City being able to sign a contract by June 30th; and also to prepay our maintenance on our current public safety applications that are the current HTE system. Mr. Smith stated with the assistance of the City Attorney and input from the IT department on technical issues, this is a contract that would include a city standard agreement which has been revised based on negotiations between the two parties, SunGard's license and professional services agreement and their maintenance agreement, the City's RFP with SunGard's responses to our RFP documents in the contract. Mr. Smith stated the Firehouse software is provided under the umbrella of the SunGaxd contract but we would continue to negotiate with them for signature of a version of our City standard agreement as well. He stated we initially had alarm software included for alarm billing, registration, and false alarm tracking. Mr. Smith stated it would allow online registration for security alarms; however, staff discovered they were really just buying what they Police Department would need and not what we would need in Community Improvement to make this whole project work the way it should. Mr. Smith stated they gave the City the option for a performance bond if we desired one at 3% cost to us of whatever amount we want to 6e part of that performance bond although staff does not recommend doing this. 11 Of/15/10 Mr. Smith stated if the City decides to purchase it and with additional licenses that would be on top of this amount. Mr. Smith reiterated staff would fund this from a different source and would potentially get some funds back from our contract with Mx. Strock. Mr. Smith stated if we want to just look at our budgeted amount for SunGaxd right now the contract would stand at $853,174.30. Mr. Frankel stated he is all in favor of updating the software; however, he stated the original budget far this project was $1.15 million and noted staff went a little bit above but got it down from the original RFP. Mr. Frankel stated he does not want to see this project go to $1.178 million. Mr. Smith stated this would be a consideration that the Commission would need to make on things such as the additional software package. Mrs. Gray stated this weekend she was in a Newly Elected Officials class given by the League of Cities and they mentioned a program that the State has that you can actually buy computers in bulk. The City Manager stated the servers that the Commission approved on the Consent Agenda on off State contract. Mr. Smith stated the City has those right now as computers that SunGard would provide for us; however, with the City Manager's direction staff can get the comparison State contract pricing and take the option to purchase those computers ourselves. The City Manager stated sometimes the City finds other sources that are better than State contract prices. Mayor McDuff e stated many times because the State contract is negotiated at a particular time, sometimes pricing decreases after State contract is awarded sa many times you can buy it on the market less than State contract and he would like to make sure we keep this option open. Mayor McDuffie asked what is in High Point, North Carolina that we need to go learn. Mr. Smith stated they recommend that for certain classes, for example, the CAD training where you have a solid week's worth of training that getting out of your local area and concentrating exclusively on that is one strategy for doing that. Mr. Smith stated the City gets to make the decision on if we feel that is beneficial for some versus others. Mr. McKissick, MPA, stated different agencies have pros and cons and sometimes it is good to get away from your natural work environment to dedicate and focus efforts on that classroom training. Mr. McKissick stated it is also easier to do it on- site because if you have additional resources or questions then you have your own staff here as well. Mr. McKissick stated it depends on the City's current staffing levels and travel costs at the time. Mr. Smith stated the City would not send a large group of officers to North Carolina but there maybe goad rationale for sending people for some of the more technical maintenance type training where you are closer to more resources on the SunGard side and the people who are going to be ultimately supporting the software. Mrs. Gray moved to approve the contract award to SunGard Public Sector, lnc. for a Public Safety Software System contingent upon staff approval of the final contract documents and includes the SunGard maintenance prepayment, seconded by Mr. Frankel. 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. 13 06/15/10 At its meeting of May 5, 2010, the Historic Preservation Board (HPB) reviewed Ordinance No. 10-10 and the Board recommended approval with a 5 to 0 vote; at its meeting of April 1, 2009, the Pineapple Grove Main Street Committee (PGMS) reviewed Ordinance No. 10-10 where a recommendation of approval was made; at its meeting of April 13, 2009, the Downtown Development Authority (DDA) reviewed Ordinance No. 16-09 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; and at its meeting of April 16, 2009, the Community Redevelopment Agency (CRA) reviewed Ordinance No. 16-09 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. At its meeting of June 1, 2010, the City Commission considered Ordinance No. 10-10 and recommended approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 10-10, the public hearing was closed. Mrs. Gray moved to adapt Ordinance No. 10-10 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. 10.B. 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 clarification regarding the applicability of certain State Statutes. The caption of Ordinance No. 13-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.3.3, "SPECLAL 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 EFFECTIVE DATE. {The official copy of Ordinance No. 13-10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. 15 06/15110 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" IN ORDER TO PROVIDE FOR AN INCREASE IN 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 4fflCe.~ The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Al Berg, Assistant Director of Community Improvement, stated this ordinance increases the business tax S% across the board. Mx. Berg stated the business tax will increase from $149.00 to $156.56 for 90% of the business taxes. He stated the revenue will increase by about $30,000.00 and the City collects $650,000-$700,000.00 in this category. Mayor McDuffie declared the public hearing open. There being no one froxza public who wished to address the Commission regarding Ordinance No. 14-10, the public heaxing was closed. Mrs. Gray asked how many businesses the City has actually lost in the last year. Mr. Berg stated the City has lost approximately 1,000-1,200 businesses that did not renew but by the same token people are starting up home businesses because it is Less expensive and there are many computer base businesses now. Mr. Berg stated there is a steady increase and he sees 20-40 new applications every week so it is an indication that the economy is improving. Mr. Frankel moved to adopt Ordinance No. 14-10 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -- Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a S to 0 vote. At this point, the Coznzx~.ission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 17 06/15/10 11.B.2.' Pauline Mood 6U9 S.W. 8t~' Avenue Delra Beach FL 33444 stated she received Mr. Harden's letter and appreciates it. Secondly, Ms. Moody stated half of the cemetery gate near Auburn Trace is gone. Lastly, Ms. Moody stated now that it is hurricane season is the City going to hire someone to start cutting back the trees away from the power lines. 11.B.3. Alice Finst 707 Place Tavant Delra Beach FL 33445 stated on February 2, 2010 she spoke to the Commission about outdoor seating requirements an Atlantic Avenue to separate pedestrians and diners. Mrs. Frost stated she also sees that some restaurants are now splitting the seating areas moving the diners closer to the street. In addition, Mrs. Frost stated she had also spoken about sidewalk markers to define the area. Mrs. Frost stated she received a letter from the City Manager dated February 23, 2010 and read the letter into the record. Mayor McDuffie stated it has been discussed that the Commission wants to review the entire downtown and all the outdoor seating for several reasons not the least of which is safety. At this point, the time being- 7:29 p.m., the Commission moved back to Item 9.F. of the Regular Agenda. 9.F. QUESTIONNAIRE FOR ADVISORY BOARD APPLICANTS: Provide direction regarding a questionnaire for prospective advisory board members. The City Manager stated at the Commission's Goal Setting Session the idea of possibly developing a questionnaire fox Board applicant's was brought up and discussed to some extent. He stated the City Clerk has done some research and developed a possible questionnaire that we could either ask for written responses to or the Commission could use it verbally or both. The City Manager stated staff would like direction from the Commission if there are things they would like added or taken away. Mr. Frankel asked if the City drafted the questionnaire. The City Manager stated the City Clerk drafted most of questionnaire and he added one question fo it. Mrs. Gray stated she liked the process where the Commission has a chance to sit down and talk to the applicants versus looking at a piece of paper and judging from their responses_ The City Manager stated the questionnaire is to provide additional background information and the Commission is still encouraged to talk to the applicants. Mrs. Gray expressed concern over Question #6. The City Clerk stated Question #6 is really in reference to the applicant being able to provide suggestions to take the board further in a positive manner and is not to discount them but instead what can they add to the Board and what types of suggestions do you have. 19 0611 S/10 9.H. RESOLUTION NO. 33-lO/MID YEAR BUDGET AMENDMENT: Consider approval of Resolution No. 33-14 amending Resolution No. 49-09 adopted September 22, 2009 and Resolution No. 56-09 adopted October 20, 2009, which made appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the FY 200912010, by setting forth the anticipated revenues and expenditures for the operating funds of the City fox FY 200912010. (A.DDENDUMl The caption of Resolution No. 33-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. ~9-09 ADOPTED SEPTEMBER 22, 2009 AND RESOLUTION 56-09 ADOPTED OCTOBER 20, 2009, WHICH MADE. APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECEMARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2009/2010, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 200912010; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 33-10 is on file in the City Clerk's office.) The City Manager stated the State changed the rules far the Police and Fire Pension and instead of giving the City a set number for its contribution, they said it had to be a percentage. He stated there has been some debate about exactly what the number should be and how to calculate it. The City Manager stated at one point staff thought they needed mare money for that but staff resolved this and decided that they do not need more money for that. He stated the City still has a revenue shortfall of $267,915.00 as of May 15, 2010 so this amendment takes into account that shortfall and revenue and makes budget cuts throughout the departments totaling $267,915.00 reducing the City's total budget by that amount. The City Manager stated staff recom~xaends that the Commission adopt the resolution to amend the budget. Mr. Frankel moved to approve Resolution No. 33-10, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Fetzer -- Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 0 vote. 12. FIRST READINGS: A. None 21 06/15/10 Lastly, Mrs. Gray stated on the north and south sides of Atlantic Avenue there are numerous "No U-turn" signs from I-95 to Swinton Avenue. She stated the signs have just been erected over the last couple of months and would like staff find out the reason why. 13.C.3. Mr. Frankel Mr. Frankel requested an email copy of the current land development regulations governing sidewalk cafes. Secondly, Mr. Frankel thanked everyone for supporting the Delray Beach Library by attending "Dine Out For a Cause" event held at Tryst restaurant last Thursday. He stated there were over 80 reservations and it was for a great cause. 13.C.4. Mayor McDuffie Mayor McDuffie stated before he left the "Dine Out For a Cause" event they had 90 reservations. He stated it was a terrific event. Secondly, Mayor McDuffie stated they had an Armed Forces softball tournament at Miller Park this past weekend. He stated these were active duty men out on leave or between assignments and it was a fun event for everyone. Lastly, he stated the Seacrest High School Class of 1965 had their 4S~' High School Reunion at the Colony Hotel Friday night and then moved to Ellie's Diner on Saturday. Mayor McDuffie stated approximately 100 people attended and many of them spent their early childhood years and their life here until graduating from high school and then moved away from. Delray Beach. Mayor McDuffie stated some of the graduating class had not been back to Delray Beach in 45 years and they noted what a phenomenal job everyone is doing. There being no further business, Mayor McDuffie declared the meeting adjourned at 7:49 p.m. City Clerk ATTEST: MAYOR 23 0611 S/10 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 24, 2010 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OR JULY 6 2010 RESOLUTION N0.34-101LOCAL MITIGATION STRATEGY (LMS) PLAN ITEM BEFORE COMMISSION This item is a request from Palm Beach County that the City pass a resolution approving and adopting the 2009 Palm Beach County Local Mitigation Strategy Plan {LMS} in order to ensure the City's elegibility for FEMA Disaster Assistance. RECOMMENDATION Approve a Resolution No. 34-10. http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3424&MeetinglD-263 7/2/2010 RESOLUTION NO.34-10 A RESOLUTION ADOPTED BY THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE QTY OF DELRAY BEACH TO APPROVE AND ADOPT THE 2009 REVISED PALM BEACH COUNTY UNIFIED LOCAL M[TIGATION STRATEGY PLAN; PROVIDING AN EFFECTIVE DATE AND FOR OTHER Pi]I2I'OSES. WHEREAS, Palm. Beach County is susceptible to a variety of natural and maYrmade disasters; and WHEREAS, the Disaster Mitigation Act of 2000, was enacted to establish a national disaster hazard mitigation program to reduce the loss of life and property, human suffering, economic dis~~ioni and disaster assistance casts resulting from disasters, and to assist state, local and Indian trial govexrunellts in implementing effective hazard mitigation measures to ensure the continuation of critical services and facilities after a natural disaster; and Wf AREAS, the Disaster IVfiti~tion Act of 2000, as a condition for qualifying for and receiving future federal mitigation assistance funding, regturns sash govert~rnents to leave Federal En-~rgezuy Managel~nent Age~uy (FEMA) approved hazard mitigation plans in place that identify the natural hazards that could impact theix jurisdictions, identify actions and activities to mitigate the effects of those hazards, and establish a coordinated process to implerr~lt plans; and WHEREAS, recently, Palm Beach County's Local Mitigation Strategy (LMS}, in coordination with governmental and non governiiiental stakeholders having an interest in reducing the impact of natural disasters, and with input from the private sector and other members of the public, developed and revised the Palm Beach County Unified Local 1Vl`itigation Strategy, and WHEREAS, in order to promote the development of a countywide Unified Local Mitigation Strategy, the City of Delray Beach entered into an Interlocal Ag~eeirent with Palm Beach County an July 26, 2000; and WHEREAS, the 2009 revised Unified Local Mitigation Plan has been approved by the Florida Division of Emergency Managemer<t and FEMA and was adopted by the Board of County Commi~.sioners on January 12, 2010; and WHEREAS, the LMS Steering Corrrmittee recommends the formal adoption of the 2009 Revised Unified LIVLS Plan, including planned future enhanceaiients and modifications described therein, by the County and all 38 participating zxumicipalities. NOW, THEREFORE, BE IT RESOLVED BY THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: From: Jodie Muenz [mailto:jmuenz@pbcgov.arg] Sent: Wednesday, June 16, 2010 8:14 AM To: Mo Thornton {mo_thornton@msn.com); Iharrelle@belleglade-fl.com; ngasparri@myboca,us; rwall@wpb.org; brinytownclerk@yahoo.com; Harden, David; mhullvog@bellsouth.net; dsugerman@ci.highland-beach.fLus; bsearls@hypaluxo.org; rogerh@jupiter.fl.us; chiefsmithlcs@bellsouth.net; mdavis@lakeparkflorida.gov; jkroll@lakeworth.arg; dthatcher@lantana.org; frspence@bellsouth.net; Istumpf@manalapan.org; salbury@townofmangoniapark.com; jboodheshwar@townofpalmbeach.com; pbergel@pbgfl.com; cgangwer@pbstownhall.org; blowe@villageofpalmsprings.arg; rjones@rivierabch.com; calstan@southbaycity.com; rtaylar@southpaimbeach.com; jknight@village-npb.arg; glenridgetownof@bellsouth.net; pwebster@RoyalPalmBeach.com; ameriano@juno-beach.fl.us Subject: LMS Municipal Approval Good morning, The 2010 Palm Beach County Local Mitigation Plan Strategy Plan {LMS) has been approved by the Florida Division of Emergency Management, the Federal Emergency Management Agency tFEMA) and the Palm Beach County Board of County Commissioners. At this time, we are requesting the LMS Plan approval from each municipality located within the jurisdiction of Palm Beach County. Each municipality must approve the LMS Plan, as well as participate on the Palm Beach County Mitigation Working Group to qualify for FEMA Disaster Assistance. FEMA prioritizes disaster assistance recipients based on the approval of this plan. Municipalities that fail to approve the plan risk not receiving funding from FEMA if a disaster strikes. For your convenience, the LMS Plan is available on our website far your review: htt www. be ov.or ublicsafet emer enc mono ement I have also attached an example of a resolution. Please send me your approved resolution once it is approved. If you have any questions or concerns, please do not hesitate to contact me. My contact information is below. Thank you, Jodie H. Muenz Special Projects Coordinator Palm Beach County Division of Emergency Management 561/ 712-6481 561/ 712-6449 Im uenz@pbc~ov_.org Under Florida law, a-mail addresses are public records. !f you do not want your a-maif address released in response to a public records request, da not send electronic mail to this entity. Instead, contact this office by phone or in writing. Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 24, 2010 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF .IDLY 6 2010 RESOLUTION N0.38-101FLORIDA FISH AND WILDLIFE COMMISSION ITEM BEFORE COMNIISSION This item is a request for Commission approval of Resolution No. 38-10 authorizing the City Manager to apply to the Florida Fish and Wildlife Conservation Commission (FWC) for a grant of $102,500 for funding reconstruction of the Mangrove Park Boat Ramp. BACKGROUND Mangrove Park was developed in 2007 by the City with grant funding from Palm Beach County and the Florida Inland Navigation District (FIND) for the purpose of expanding baating access to the Intracoastal Waterway (ICWW) in southern Palm Beach County. Upon completion of the park, the City began receiving complaints from boaters that the ramps were too steep and created challenging and intimidating conditions for boat launching and retrieving activities. Monitoring of ramp use verified that, while there were a handful of boaters using the ramps having larger four wheel drive tow vehicles, very few recreational boaters were using the facility, preferring instead the ramps at Knowles Park just to the north. A review of the project indicated that the ramp design and construction slightly exceeded the maximum slope recommended by the U.S. Army Carps of Engineers due to horizontal site restrictions as well as minimum elevation requirements for the site as established by surface water management parameters. After presenting this information to Commission along with multiple proposals for rectifying the problem, staff was directed to pursue grant funding to accomplish the necessary ramp reconstruction. Staff has made application to FIND for a grant in the amount of $87,500 toward the construction project which represented 50% of the estimated construction cost when the application was submitted. The City's consulting engineers for the project are 60% complete with construction plans and have provided a cost estimate with low and high ranges of $178,000 and $214,000 respectively depending on bid values for alternate items such as type of ramp surface. As a conservative measure, staff has increased it's opinion of cost by $15,000 to $190,000. The attached grant application to the FWC reflects the increased project cost estimate and requests funding in the amount of $102,500, sufficient to http://miweb001/CouncilAgendaBluesheet.aspx?1temID=3425&MeetinglD=263 7/2/2010 ~~ ~ ~~E)t'iE~c~ Flsh at-d ~Nlldlife F~rida ~o~in~ lt°t-~tpr~v~m~r~°~ ~~~~r~rr~ ` : °..~ tr~nserv~tion ~vmfsslrxn _ . ~;;~~-~~3~:~K~slt I'C?It OFrICE IJSL QNLY grant A ~:licatil~i~ N~irn~~x~ : D!~te Itec+~lved. l:;lf :ri rlf e~nYni~r flr~rt ire~r73ir - I nmiv rr/f nF~enr cnrtnisc )i~nNk ~ ~ ~rpL~tCr~l~T ~~raRM~~claiv ~, App3~cta-tt: city ofDelr~y Beach ~< re<ler~aE EtraPipyer I:t1. Nsi.: 59 G0003t?8' e. Pl=oje£t ~lallager N~iit.e: Rli;Marc! C. I-I~sEf, P.E. Pio~eef Maiaager Tide:; Cltviroltinettt:~! Services DircctE~r cl. Mai.liiig ~,cldi~esfi: X134 Snaitla S~viEltiait A:venlie City; Delay B~ia£!l, ILL dip Carle: 33~4a~1 e. Slti}piiig Adttr~ss: ~!3`~ Sotti ~~vliitlin 1lvtriittti City; Delr~tyBc~lclk, ~~'L ;Zip Code: 33~ld~l f Telephnite: (Sfil)'~~3=73:36 I'a~: (5{~I) 2~3_'3t16(! Etnail: H~iska~tikyrlell~ylaeacll:com g. Distl'iet Nuftilkeis: State Hnt-se B.G,S. 7 Sfttte.Setlate: 2~,2~,3f) Cotttity Colnlni.ssiilIi: ~,7 II - PRflJ14~CT ~UIVIMAItY •t, F'k-E3jeci `Title; !vlaitgr~?arc !'aric Boaf Eiaitfp IZecdns$i~Itetion b. Type of''3pplicatioal: ~-New (never consideYeEl befEkle} ^ ItC.£ditsiElerattolti ^ .Pli~secl ~`Eittiiiuatioii--!'lkasc: Nti. T)~R-I 'TIEit-lI E%. l'I'of£E:t C~at£~t71'~!: ®.~ ~ Plt6lic Lattaicltiig Fitcilities ^ ;4 --- Boat. ~11n1!?S, Piers, iiItE! DOCKS. ^ 13 - Public i-::ttlltClkin~ ~~ciIities i1.1'i°E3~CCt Cast: TEattil. Cdst: $ 23G '5~ ....................: tlnlciit32t lterluested: $.1.02.500 B; i'I'Q~e£t ~I1Etktlaaryi i~lflik~rdlf£ l~arlE WaS develC~peEl Ill Zt)~~ on Fldl'ifla lllliittCl l~IRVI~atI017 I]istri£t (FIND} !'ai'Cei MSA ~~~ ifI .Ptlilt:.l3eaclt CDllitt~! TVltiGll Parcel 1Vs1S .leased fid' IITC. City of DeII'1y.Betlell lit x{100, Tile ~rE?~jCCf~ l'PflS e(3E1s~E'Qel£C~ ~vt~l fllil[liEt~ fiYllll ~E~rc1y' l~~lF~~t; l7illE1l Beach Cdllilty alid FIND. TIYO bditt ratlll}S ~'1r81'P. btallt:li$ well aS ~.~ boat ~Il(1 lQ'StilIlElc~l,'t~ pa!'lE.iIi~ sp!aCeS .td'aElElt'ess the Slzdi'tr~~T£ t3l~~~rlEila~,-alld:bds~t I'alnps in filke SQlltlt8l'tt 1'Itlaat BeRCIa Colakttyarel! as:lletei'il7iited Ifl .Pallll f3eaclt ~OElEttyrS."Bdatlll~ NeCds,ASSesSIllQtlt Sttady, ~Qt~~", Dtle t0 SitC !?!fill itlaEl ~rRElili~ [lesigtl i'£StriCtiQE18 E'eStilting fI"Oitl Site IilititEtlVel'itk~ ilik[l SIpYETI. 1V~tEr Ekl~ala~eitleikt i'eEjli.la'eilleit~S, tlTe blot i'ftat,1~S ~i'~Ye -GC3118~!'ikGt£El afi fi Sfi~£l1LY tbitl] C~CSit'EE~ S~El~3~< T~115 ~kEiS I`£Sil~fi£E! Itl C!t$11eik~lll~ lc`~tLltE;h:c`III(~ l'e~Yl£V~~ Cd1t4l1f1i3Ik5 ~EiI' i'eE:rCil~it]1I1~.~Ottt@YS.. ISiS Fl I'eSlllt, fine l•1It1}7S ~IiIVE.S.C.L'11 71tt1G LIS£ 3ii1C£ EiSI1k~{£fitC?1ty lkeiikg,:avciided 13y:ltEtaters clzae to difl~icti~tes itl lfttalkeliittg ttnd retrievilt~ boats, DIIe to the.li.Eilifecl Ilse of the:iiety r~ilil)s, lltc prua~aty goal,ofthe pYaject trz expand bofltiftg access fio tlke.tEltraeoast~I tWaterrvay i~l sdnthern Palm Beach ~auatty t'eizkaiits ~ltllnef. "I`liis project proposes td I•~otastruat the llEk~t rfarttps to tleE;retast; tl2e ,slope,.Itl21~CiII~ Ilse of the ralnli~.:less challeligiiig anti mote cctlkifortable fir boaters, tllerel3y eneoliragittg lfilot iattektse lIt`Eli~atiE:il Eaf the facilities. t~~lc~i}tf~-~ Itaz~16) !'~g~ [ of 8 6a3-t.ao~, r,a.c. ~~ -.PRQ,~~CT D;~CItiPTttON a. List PriEttaE~ Neee( fat~'PYO}ect: ~ Stifety ^ lliglt 1leltiand try Clsers t~ge~eEtd of Usef'Itl I:ile ^ Recolntuentlecl l7y F~'~tr Staft' Q Envit'oitniel~t~l I~lecds oftlre At~ea Lack of lit-Itottse Ca~al~ility dtkter: Eiicotn-tt~e safe ~~se `b. Need Staten~eist The origiii~l goal of the MartgYUV.e l~ai•le`pro~jeet of'iitei•~asiig bo~tui~ access to the l~ttracoastat Wate#•vay't~etiaiis'ttiiziiet clcie to Elie rel.itctapec oti the patt:o~i'ecYeafinttal E7r~~ters to ttse tlTe fail#les because at'tlTe steel~eY rat~ip slopes: 'Fljis pi~o~ect'svlll Yesiilt,iEt a sigtti~icalit recluctoit,ift the gYafle crftlie raEUlis tlisiieby retliECUig the potential fc-t` Ia~Enciiing/t'eli°ieva! ~ccl.elettts at tl~e'ftTCilily while pt'Qinotittg tT~~i•e itTtense use. ~c.,Ap~r•oaclt (cope a.t Warlr)t l?escYibe tfte pt•oject's saape of work by ~rasjiiliti~ a Fist oftaslts attcl deliveYables: 1: Tlie existing l3ios;k inat rainp~-:anti ftoating clock will lie reiloved: 2. Ttie >•aiitl~ will 6e leiigtltenetl ~n~l i•cgt'adec! to a slighter slope svifl~. tT?t aYCed ~ireal~ pnittt bet~srt liig}ttTtTtl les~v ~i+atei• levels: 3, 1ltltex eot~crete or l~ltek brat r~tittp material evil! be coE3stc-tttted zrtt flee iietiv grade ~R~tnp tnateri~l suit! be b!c[ as alteilaates}, ~. Ea.istuzg cgticrete t~pliroaclt to E~oatittg Clack }gilt be i~econsti-t~etecl fo tt lost*er piofle; 5, Tlaatitt~; cQitTposite rEock evil! be Ybittstallecl, d: Project Detie~ts: Goals bf the lit#lal constrtEtitia~t lat'Qject reinaitt tinitiet dire to the steelier slopes of'tlte raiti(1s. Recluciitg tlte: ran~}~ slopes ~Vi!! ~l{3ZI1Llt~ ~iESte1' ~IlflSc~t~ei' lalnl.Clting iiiltl TetYl~Y~3l a~bQ3tS 17~:CCCYQ~tIOns~! ti5~1'S. ~5~ p~t11B ~c~Ct~lt~ Will 111CrQc~3Q. res~:iltitig iri e:cpaisdeel access:la .tlte ltth•acoastai Waterway as ot'igilt€tlly i1TteTtclecl. F1~C~l~It''~3 {02!1.0) Page 3 of`8 68-i:t1t33, F.A.C. VII - PROJ`~~T' ~LEii!~CNTS: AM1<+;N~Ti~S `T'ype of project: ^ ~ig1nei;r~Ig./ P.fanEtiitg ©Retrov~te TCtepAir ^ Never ~onstl•tEetidEt / E,cparlsit~tt b: Pitrls'itig T}+pe of !?atkiiig; ^ Aspl~~It ^ Catlct•~te [j O[f1e1' Size of pai•kiig great. s.gtt€t~e feet, ar acres Ntitnber €tf'es'isflitg li~at trailer parking spa~ccs to ~e ref'tErliislletl 1~lf7tittaet' of nes~7aciclerl li©at trailer,parkiltgspgces itttnlaer of existing velEiele p~E•kingspttces:to !~e r'eFitrbishes~ l~itzsiil,e~• cii`ne~~~Izicii~~t3 vehicle pat`kittg stiaees C. ~tller'~Ii31st31tie5: ^ Restt'ooEtts bescri~e. ^ Access ito~~i; Leagtlt of ticcess rc~a~l:_ yds. Tyke of l•oiid: ^ gave! ^ Asphalt ^ ~tfaer ^ duct~tiona! kiosk./ signage Describe ^ Piiittp~ott! or Dut11:pstatioEi ~] ~3reak~vater/GtoittfJettg~/V4'~EVe €titentt~tor ~erigtli; Desct^ile . ^ ©tlleE` ^ t7tller ^ ~tll~r ^ ~tller ~~~ - .PE~T~. F~l3fll)~.ill)CXllil`C(~ COIkStl'l1C~t1)It ])121`ilil'~S tt) (2~ 11)gflk~l~(~. ~fti3i11i~te{~ l~,~l31-0!?~€~. ~~~ ti, t.Ioi`iia I?ep~rtEtieiit- rif L:nviroxi3ttci)ta! Protection ^ ^ ^ 1?..I~lorida ~1slE ~itd. Vl~ilcilfe Coiiael'vatian Ctrt)EnissioEi~ ^ ^ ^. c: U:S: Ai•rny Coips mf Etii;iEteers ^ ^ ff• ~..csca! i1E1d OtlleY$ `{I.~ileeclecl~ - ^ ^ ^ * T'or Inoc~t~itlg i?tloy prgjects,: a Flot•da L~nit'orm V~ateE~svay'Marker rpplie~ti€tli n~tist ite. stiT~iltittert tQ F'~C prior to szil~tiiitt~! cif the graft application. ~~ - FRO,TI~~T >~NGIN>~l~i~N~ Ai~ID CONSTRUCT~t)~? ~.'tVlir~ is or yvilt be cati)l~letiitg prej~ct'€ieSi~ti/rrngitteerittg~ 1~. Levei of`ettgitreet•int; eQt~pli;ted at tEt~e o£a.pp3icatinns ^ Applcatlt's Cltvit Sta£f "Coti5tt3tiE)g EEigiEteers ^ Nli~ ~Matcrials or E~ati'p)Ite-it liurcllase) ^ f}thor.: ^ T~IflE1e ^ Cnnceptla~l (Master.t'laEt Phase) Prelin~iilaay ^ Tina! (Ready to i3icl} ~~~~crnr~~r~-~ t~/rod Page s ~i $ ~s-t,oo~; r~.c,: Xi - tITHER SOURCE (~T' PUl\IT}~ ~P~t;•tncrshi~s) a, l~mtli~g spruce 1' AgeEicy: ~loriila .Iiil~incE NilyigatiE?iI Disti~ick b. `Gyps of fiti~ding: ^ .federal granE ~ StaEeflaocal .grant ^ I.t1an c, ,Gt•~uk N;acne: ~7V~t~r~vays ~ssistaitce l'rogran~ _ ... _- eltt~ottitt $ _ _ d, A}~provtli StatEis: ^ ~i~pl~oveci ~ Pending ~] 1ifend to ~pP1y,,D~tty; a• ~uitcing so~lree 7.AgeEiey: 4~. `i~ype of fiti~diitg; ~ ~`~tier;zl gratt~ ~ State/Local gl'atit ^ Laatl c. Grab"t Name,.. fAl1lE)llilf Vii. t?-~~ttiva! StniEiS ^ AIi~I•oved [] ~'eitditig Q Ititen~l:to Apply, Date:. !I ~~ - ~~~~Q~~~N~A~ As~~~sM~~vT II c~..E\pli7i11 llo~Y ~fl~ pi'o~eCt,itiay litlitra£t rite CiiVif'iJtII11CIi~ flElii Cl@3Cl'IfJ~ ~tt}''ilt:ltlgatit3lt OP 2~Ctipll$.pCp~l(3s8ti ~O 11ii3lltt5i2e itil[}a~~S; Recolrsti~tlctiori oFtfle bast rtiin~>s rvii 1equlre spine le~ei ttfevorl~ itt th.e lvaxei` af. the i'~ti~p:tae: This ~ittty .itititict FirateE• gtls'tlity foetiily fi'cittr iiierenserl:ttttf~irlit}!. i'ateittial finpacts will bI; tnitigateti fltlatt~li tl~e rise floating silt l~ai`riets tittt'lri~ ilte c4nsti'cctiot~ lsei-iod ~s necessary. YiI - 8[IA;TER ~AI`CTY a. Explziii lio~v tfi~ pro~ectlt~ay ~~'f'cct boater safety wlfetliei• i~ositivefy 4t' uegatveiy. .Existing i'aiitps ~rovirle a ~ote~titil ftazarcl to it~experiei;eeci li .paters-due tc their steepel' grades alici greater vertical distauee iroiit top ©f ruin}a tti water level,. Titers is an increased poteiifial: for bpttteis lp$illg Ctll]tt'gl Ot'tll~li' Ye131C~8~ all.d. C©Illil~.1i5~0 t~lt iYfltCr. `fllis project viii n~itfg~te that ltateltti~l tl~i~aitgll signifisaittl.y recltteit3g the g-~de oftlte ramps tp ini~tit~tnf sIopr<s. as I`e~ollililended by rile [7~ Amity Corps Qf);"itg(1C~i's: ~1Y.ClFt3Et'-t3 (fl2/1(1) Page '7 cif 8 b8-1.EiQ3; FiI;C, Site Boundary W~~_ e~q~gc' Tt4+~M FA71m. ]SCdtyi t, lA GA.hJ.I:hA'tl'LUldPA1.Y a fllllilvlA UK [R.Ai Ad]L: is hSGF I:YS A L_nR'. 'i~w;. l~nninimnininnnuniwirrii~~~ r~ i ..a [F,MVN7~Yi~1g[rklnFlu~" RF+~T. Yemr~ ~anMixn- L+rte,ninCS,7:xiPPGiLt;ffitaitr~lxSVUUr'CirOM{PV,7 WOK IiT.~£ c76}. ~L~~I~ ~~i~N ~~~~~~~L~~ ~~~T~I~T ca~ti~r,~iss~oiat=e~ s: t;'f. ~I31NT 4JAApELt ~f#1~iR ia:ar~rla ~w> Tgb H. R70DRf€EA~2 V{~~rG}iAtE3 .. BFIEVAR~ CCUNIY I.AU~NCE i3. I.[7CK~s3 SlCRIETA}tY HF~pYJAF14 GailyTY G~OfiGlro R BE3NNELL 'r~~esu~t~: I1~i~Ri+1 Al?ffti CQUIVTY~ P1t=Rt~1= I3 1'H~RIASRN_ ST..~C}{NS COt1#Y~f t! JC3LtNN ALL~t~ 5f. LtiCiE`GCQti71V7Y t3ClYAL C(rtJN'C1! CHARLES fig FAUI,KNEi~ t"LAGL~FiCpIX~YY CaR~4YCt~ li. BI-i~CK. ~tLLf5IRC0[}i+S1Y .11•AHGSQN~. t~rV.~1. flEAG F€' GCl€19~' C1ITHLEE{Y C: VCQ~t t~i!p)Al:pkt7E Gt?UNTF bAYtl~ K,.ROAGH ~x~cuTnr~ nl~>nT~r~. ASSISTANT 8~(EC61T31~ OIRECTCti Api.1. S, ~OOt? Jae ~4~'al~.on, ~i'~cta~ :Parks and ~c~ea~~. De~~~nt pity o~~e1~•ay ~ea~ 50 N i st Avezaue ~e1~~ay ~3each., ~~ 33~~4 ~:?e~t' ~~< 1Nelclan: RE: SSA 65'~ Lease Eztei~ised x~ a £~~~' exeeutec~ cirigual. I~ase agire~me~t ~~r ~Qta~ files. l~ou~d y~i~ Piave sny c~uestiorts ~oncernzn~ this n~~~er phase ~ant~ct m~e. App;~31V1$TPl~T1VE s)~t"t0E Oid'''I-[E 1!+!~'S4AGL}A87lILV4'A7EFil'VA'! IN PALtv1 Bt_ACt~ L~U.UNTY 13t4AtIAR~1NSfLtROAD,.IUi'ETER,FLOF1fbA477 7~L~PHON~5s1~627.338f3. FdJfNq.~~1•@24-848D sv~+~aEctv.org ;,. l`T~'t~T TS~~Fak~E, in e€~nsideratiAn ~i: the pz'r~m.~ses aad mutual correnants ~~ agreements cc~ri.#ained ~~ereit~, the re~e~t ~~ci~ s~fficz~ney o~ which i~~ he~~by ac~:owledgec3, it is ag~'eed- by the ~axties hereto> R~~l. ;~ 'The recitals contained hexci;i above ~ tic anel coxxeCt a~ici t. 'iizcoxporated ,hcrei~n. by z~e~erence: 2: ~A:.~E: ]JI~TRT~T he~•eby leases to ~CI~"~ the property he~-ei~a~iftcr knov~~: as 'tlie`Leased 'remises" as desc~•bed `in par~gr~.pix ~ liel~ovw, su~iject to the terms tea,: caxtd~ti~ns Set Earth herein. . 3., p~:a~~CT :iySAI~TAGrEiyI~NET "1`he Project 1vXanagex ~'~ir the i7~ST~~'T is its. E~ecuti~c director :and all coxrespond~riec .end aoimmuatucatons from ~e Ch'i' shall be dia~ected tohi~lher. The Project Manager- sh~i be xes~pc~z~sble for .overall . coordination aa~d o~tersight +~n lehal£ o#' DIST~CT related to llie per£orm~a~cc of this leas: ~. ESC~PTIaI~T l'~F TAE l'I2~3.ViMI~~FS: The :.property Which ~s subject tc~ this. lease; is situated in ~.e City of ~Delx~.y Beach, State oi'F~oricla, a. s described ~i3x ~xliibik ~., att~cl~ed hereto and ~~de a part of this agreement. 5: E~T~TIl~CY t/~I!IDI'TI{)N~S 'Tlie CIT"Y" agrees to accept 'tlxe Leased Pz•~x~nises iu«, as zs candiiit~n subject ip any existing or Future e'asetnents .anii deed ~•es~rictiou~ Ili.at inay be placed vn c p~'openy by the ~tstriet or athexs v~tb. ~'sixict appro~~..: TE~Ni: The. term of ~s LE.A,~E shall be for a:n uutia130 ~reaz: pe~:od with . ozie ~l} option to i`e~.cw for ~. tw'e~~ty-eve (~5} year extension: ~.ent shal.~ be .one ~~.~ t1~i11~ix ~ei~-yew- and shall be paid in advance, Prepaytiient of the relit shall not affect s"n any vvajr the I`~IS`i'~CT's rights- under ~ paragraph 2~ tietow. 'l.'he ~utial p:exiod shall co~tnrrience on the date of excautiori, aii.~ cflntintis for a period of 3~ years. ~ A second terxrt ~~ 2S years sball at~tss~atically comimericc- absent written notice oi' t~rn~inatia~. ~y the I)I~T'~GT at~leas~ 9~} days prior to the end ofthe ini.rial tern, ~~; ~N'SUI~.ANG~.` Tn cansrder~.fiic~n fax t1~e ~~.vile~e ~.eren gran~~d, CITY" sha11 not clean any daxrages ~r~om the ~I~T~CT h~ corinecti©~ r~vi~f dr cri account taf,. ~xd ~~ bet~ieexi the parties shall ~e sdlely irespcnshle ~"or, any injes ~r elages arising in ar~ oz~ the Leased P~i~emiscs while bed used' by GI`I'~'S~' acid its ag~~t~, representati:~es,. in~iitees and` crz~ployees: CITY shad.. u~aiiita~ a program of ins~u~ance cQVexiag `its. ha~i'lities as prescribed h~ ~ectioz~ '~6~:~~, ~'l~rda. Statutes, and. shall ~e resp~n~ihle fir acts and €~~€nissic~n o~ its ~~~cex°s, employees, rep~esenta~ves and ~~~tits i~i~: the ~~ve~t that sdch acts :+~r c~mis~i~~~s xes~lt in injury tri persons cir damage fa prepe~+., `The. 17I~TI~GT does~~at want or ~•epresezit thattlae Lease Premises are safe or suitabie fs~r - the ose for which CITX zs'pexx~tted tQ Esc it, ~d CrTY assumes all risks in its use. I? 1.7. PA~~TT ~~ TA~E~ ANI? AS~~~SIyIFt~`I' ~~~~'` -shall assiune full responsibility f~~" and :shall pay all liabilities a~ accrue ~~ the leased Premises aztdlar tv the impraverrlents thereon, including any d all a-valcsre~ tars- a~,d dra'~ae ~.d special assessments cx tapes of every kind mid all c~nstrtixetlon liens ~vhi-ch ~~a~ ~e lxet'eafter lawfully assessed axed levieel against the Loasei~ ~.reamiis'es. I8. N{3 ~WAI"~l~ ~F BRE~~H: The failure ~f I~~STRCT to insist in y air xnore',instances upon strict pe~:.~~rznance t~f any Ana or ino~e of the co~.vcnants; terms- a~:d cot7:diticns of this ~IJASi~ shall not be ~oi~st~ed as a v~aivex of such ecivet~ants, terms sir ct~riditior~s, but the ~ain.e .shall continue ,ul Pull fore aiid .effect, and no ~taiver 4f DIS~`~CT al' a~zy ~~ tt~e provisions h~~eaf .-shall in any event be le~med to hark been made unless the vc+a~-~'e~ is set from iii vvritir-:g and sued by X7I~T~iSC'I~. 19. 1~~3N DI~GRIIv1I~tt1`I'IC3~ ;~~'p'~ sh~Il assuxe and cet~tiiy that ~t wu~ aoxnply with Title X'tl €~£ the Civil R-i~hts ~.~T. of 1964 APL 8$~352~ as amended anal, ~n accordanc+c with that Act,. shah. nit discriiriiz~ate against ariy z~divldual's race, ct~lcr, ., creed, sex, national o~`igin, age; l~aridica~, ur 'marital stah~s with respect to any ach~ty occurring vritlaan the Leased Premises ar t~~on lands ~djacerit to and't~sed as an acljau~ct df the Leased premises.. SI~QUd D~STkt.I~`' t~•each any ~~ file ccnve~-ants, te~ms~ ur eondl~:ons. off` ..-this ' L~t~SE; CITY' sha.Il give Witten notice tea J7I5T~C'~ ta:reme~y sash breach within.. thixty (~0} days of such.. ~~.~~. ~ the .event T:~1STR.T~T ails to remedy the bxeach to the satls~actlQx~: of CIT'S~ wztl~in ~~y ;~30) • days ~£ xee~pt of w~tten x~mtice, G~2Y ~~' terminate this L~A~~, , ~4, I~,A~AGE "~~ ~~E I'~~iIE ~1TX agrees that -it v~r1l not. tlo, ~~ cause to be done, itt; an,, or upon the leased ~x'ei~iises cr as affecting said Leased Prer~ses, any act which'~nay result in darna~e or deprecia~fion of-value fo tl~e I;eased T're~iaises, or any part there~~'; ~ . 25: ~AR1~tJU~~ ~A'i" ItIAT~s C~T~ agi`ees mat, during the term oi' this lease, st. ,~ ShalZ keep oz• cause the Leased ~reses to Ue kept free c~.~ hazaxdcus wastes ox substax~.ces except Lhose ~ex,~iitted-~tv 'be utzlazcd ~' the nt~nnal opetatic~~~ of ~ pa~•k; wlucl~ substces shall lae used €~rly as pe~xtitted. by Iaw.: ~ na event shad ~c ,CZ~Y' st€~re q~ ~~:~ a_riy such =substances ozt the Leased ~xenises. ~. Shad z~ot. souse or pe~xx~it, as a :result o~ ~f?-Y intenti~na~ car utentivn~ act. ax• vmsszan on the ~~rt ~~ C~T~ or any assignees, ~ xclease mf hazardous wastes r~r substances z~nto the Lease Pxemises. C, Salt cazx~ % 'with: and ens~~'e. cvinpli~`,.ce by its employees mad ali o#hers PY under its dreclioan~ with ali applicable £ecleral, siale, end local laws, ordin~r,.ces, rules and. reghlatioz~s. tf ..it ' Y! ~ct a7 ~, 'i'l~e`tenm;s ~`hazardaus ^~raste", "h~ardous suist~z~ce , dispnsai ; release and `~~eat~ned ;release", ~f used ux this lease, shall have ~~e same nxeaning as set ~or~.h .xt: , ~e Cpm~rehensi~e ~nviironrnental 'Response, C~mpensa.tozt, and Lxabil Act. ~~ X84; as amended, ~~ I:T.S,C. section 961, et seq. (C~~L:~~.A."}, ~.c S~e~ut~d ~mcn~ents « the- ~aza~•dous and ~eautliu~-izatt~n Act 4~ 196; 1'ul~. L. ri1o. 99-499 ~ SA~.A i~ate~'ials Transpoxtah~~ Act, 49I1.S;C; Seetton 1$~1, et seq., th~;R:est~urce Cgnse~at~vr~ ~~d xeccvery Act; d~ ~::~~ section 69oI et seq.; the Florida ~~s~u~`ce and ~anage~rie~-t s mortgages dr constr~ct~on keins ag~st 'the L~ase~ Premises or ~ga~n~t any i~,zterest ~r D~STRTCT tlter~ix~, 28, PAR:TIAI:, '~t°A~Z~xTY; `If any ter3tt, covenant, ~~nditiazz or pror~isit~n ~f this L~ASta s~al~ he xt~led by a spurt a~ e~nipet~at jt~s~licttoz~ tQ be in~ra~d, veicl, ~x une~~i°arce~hle, the ~ein~iiide~~ ~~` the prau~sions shall ~renaiEn in fiill fo. rce ara-d effect and . shall in rto ~~v~y be. affected, impaired ar in~rali~ate~: `~~, ~AUPL~CAT'E OI~~INA.LS. This LEASE is executed' in dup~.cate or~ginats, a°acl~ of ~thieh shad ~e cbnsidere~i _a~ ori$i.t~al f~rr purposes: gip, EI~T~I CTNDERSTANDINGY ~hxs L~,~~E sets ~'a~'~i the entire ~~ndei'sta~d~g 17e~veen ~e Parties a~?d shall only b~ amended u~atli the- phlox v~xfiten apP~rov~. flf the Parties. 3 X : NtNTEN'A~CE ~~ IMI'R:Q~I~E TS ~ "~ stxalt lie sal~ely xespotzsiiile for ~n~. slt~.ll zn~i~ilain the real propel' contained wi~?n axe Leased F:re~ises and ~e irnprove~.ents located tlaerer~i %~ a. state of g~o~ c~nditian, Q~king order and repair i~icludin~, liut noC limited to, keeping the leased i'rer~ises free ~f 'trash ~~` litter, meeting .all b~xildi~g. and sa~e#y odes the location situated; and anainlai~ung the played i~x3prt~veinents as :set fex~ in ~e ~IViP.. ;As xnay be ~~~tuauy agreed to by the. pa~tle5, any removal,. closure; etc., c~£.the above -impe~ve~neritis :shill ~~ .a~ceeptable ~uvkiei~. the ~;rap~seci activi-ty `i~ ec~nsistent with tbe. goals cif eoa~se~rat3~nt p~~t~ctzv~n, ax~.c. erihance~.e~.t cif ~e natural and histarieal ~resottrees witl~.in tl~e X-.eased P~exmises d witb. :the appxaved O~iIF. aiatenance a£ any and-:all- e~sting dredge mate~iai z~a~a;~emen€ s#ructcu'es is x~esez-vecl to die x7I~'I'~C't`, - ~2; GO~EI~NZ`~TG LA,W~: ~s LEASE shah be gave~~ned by aril ~ itite~pzeted acca~'tian$ to tlxe laws Q£ the .State ,of l~'lorila. ~3: SECTION CApTICINS:: Articles; suUsectier~z and other captioned cQZitauzecl. h~ this LEA,S> ;are l'or re~`er. enc~ p?ose5 Qnly at~d ~c'e in no way intended to describe, u~tex~ret, de~:ne yr li~ut ~e scrape sir extent of r~teut of this LEASE or any p:ravisons tl~exeof, so ~4''x~I~S WHER~U+', the parties ~av~ caused this ~.~AS~ ~ be e~e~uted on the day ~n~. y~~u` ~~xst wx~te~~ move.: ~~: Git~ Cier~: CI~'X; ~~~`~ ~C3U~TC~ ~,' f . • ~~Y~ ~~ s. r -j•' .APP~Q~? AS TU ~`lJ~~ ~1~ID' ~EAL;S~U~'~`~~~~`C~i'` Cif .A~taney 7L~~:AL ~`QR~[:APPRl7'~?~~J BO~:~tU f}~' Ct~~?1~~5~{~N~~S ~F ~I' ~IS`~'~.I~T CC)~NSJ~L ' ''~ ~LCIS~~A ~N~,A ~A'V~GA'x'~U~I DIST~T. ~ ._ "- ~~~:irinar~ DATE: _ ~3 't~~,~ ,~~ST.- ~'~ ~ecret~'y ~~ F~ ~ J~r ,~~r~~ ~~~~~ µC S. ~ ~ i.~ l t ' ~,~ ., ~ J ~ .'1 Sr { t r~.> ~~ #~ ~_ j t.-~ . ~} ' t`F ~~~, ~ ~~ I i ~~ ~~ r~~'.~ F ~ ~ F ' ~, kf f a~r. 4 ~ jj]Fi'' i ~`y t ~~ ~. ~~s { s J -0 J ~ ~ ~I ~ ~~~ S t:S 1 III ~ L ~ t ~ ~ rah` ~~~~~ I t ~ ~ ~ a( ~ r E 3~~1~"~~ ~1 xi ~ ~ ~~~ t~i~~~tJ~ ~~ r ;t~.~~ ~ ~ ~~ ~(!E I~ r~ ~ ! ~ ~ f t ~r.. ~k 5~3 ~ ~'' ~` 11 1 4 _ i~ s ~~',b^+r a ~ ~'~ ~ . f I' F ,~; ~ ~ ~ i Ji c ' ~ti ~ ,i f ~.. i I' t~. ~' r, I r'-I~~ .. ~~~ F F~f. as ~ } j F e. 1 ~ ' 1 F e~rF, 1 1 ~'I ti~~ ' { ~ ~ [ ~ I j I r i ~ ~. `' ~ E f L ~h~ >~ .}. ~ ~~ ~ S E - is ~ FF: tL - ~Er'~ IF .- ~ F r+ ~ > ~ r _ d .r{F! ~ F ~ ~~I~ } 3 I t r~ ` 1 ,,~.. ~ ` _ i k I f i ~ ~ - e* ~ -t ~ 6 '- r ~ F 4 ' F ~rt~ t sF ~ ~ ~ t c } 7 ~ 's `'tF~3 r' E r a I ~~ ~ t t.-~ r~ _~ ~~ F-~.E ~F1 h- ~ i7 t - i~~ ~, t ~ ~ r r t 1 a i ~~. ~ e rte'"' ~ (r~'. .rµ 7 Erb ~ ~5.. ~e i ~+`-~ c - ~ ~u~ . r '~` a } ~ f .i P -v'l.. ~i~~ ~~ ,~ Yid ~. ~; ' { ~. n ~ ~ ~ j ~~. i P ..~ .. t t ~_ e ~u~e.d r~; ~ ~, 5 1 } Ord'. ~- (! 1~ 4 ~3 1 i',{,.'iEf'~ ~ ~ ~ -~ k ~ fa ~ ~~_ r .~€~ ~. a~~;~~'- rte ~ ~I~z'~~,. ~~ ,I ~ ~~~ , ~~~~;lr~ ~~~ ~,~~~ ~ ~ { ,I ~ F,~3f ~ ~ ~ ~ .~x #"'#~ °i 7'1~~~ '~" ~'~ ~ 11- t ~jafl~lt~~i . ~~ II ~1~1'~ ~~'rl? 3 ~ I'` ~ ~ ~ ~' Y~ ~ ,~ ~~ t ~~= ~ ~~'~~~~~ ~~~~~~~~ ~~~Y ~~. :~ -C'".'~- '~~ fink?~• ~!~~; 1~., ~~-x;,~~rffI}~~~;~1 j -~ t ~. ., der ;~ ~ ~ - - 'r'~l ~~ ~ ~ ~ «, ?-l?~ I~+, « , ~' ,- ~`~, n~. ~ kd .- 8 rk ~ rN,J h3 ` ~ j t ~ ~ .. y ;'EF, `'. ~ f , ~,.. , ,r 5 r ~ ~ ~ ` ~ d ' g w ~ ' ,r~ ~~ F .,9 t ~ k+~.`h ~ V~ p ~' ~ ~'f~. ~~ ~~ ~ ~ ~ rj S ~~ i~~~~~ 1 ''~ _ ~"'a ry .~ d~y, hhct ° Rf-~ ~,i ~ r } 1 t3ir;. « ,~ ^ ~, h ,.,,~ ~ I 4,'~~ ~.~ ~ _~- . ~ ~ ~ ~s »~ P,~ ~, t ~ r ~~ r t s'x~ ~ 4 ' r J ~# ~ e h ,, ,~ ~~ ~ ~ ti an l~ y~n~. iii ~ ~ t` t ~ ,p r ~ v i >;{ 'i4 I s a7 t ti~t~ ~ t ~, ' ~~ s ~ ~ ~ 'v -. 1 ,q r I l S ~ ~' r^~r ~ ~ 1 4„ ~ l ~. f a, i~,Sr p~,'~,„ ~ P fft ~~ ~ k I ~z ~ ~ ar~'_ ' I ~~~ fitr#r3 „ ~ ktl aay .. ,I 4 I k I t ~ t ;. ,l ' k 5 -tr ~ ~ t 1 ~- ~ ! F ~ IIItdJJ1 # 1 f ' Lr... F I„ y~`yt ~ ~ L F'~^ ,y ' v i { - _ ` *~ ' - -i . ;; . ~ # ~~~ a.~ j : ~ ~'Ff r ,~~ .~ ,~ 4 :~~ r~ £3~ '~~ ~ ~ ~~: 4 { ~ !;~. / r. ~. ~ .Y it ~. ~~,~~ ~s" ,;, i; €~~~~~ ~ ~ K~~y~ ~~~~ ~~~ ~: ~ ~ ~ ~~ ~ - ~~ ~. ~ ~ ~ a `~ n ,~` ~g "'. ~ ~ i : MA~3GRt7VE PAA1C Bf3AT F~iMi~ M{)D{FICAT~C9~,1 . x - ' ~ ~ cmr of ci:ir ~~tc~. >~I~k I~B~ ~rn~~:~ ~SSQGI~f~$, ~1C; ~, ~ ~ .'_~' _ ' R~VISEQ ~LOP~ ~XTENCJI~IG LANDVJAfiD ~ cr~sonasV•~4-,,,as.~~3 ~~ .. Page 1 of 2 MEMORANDI7M TO: Mayor and City Cozx~xnissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 24, 2010 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF-JULY 6, 2010 CONTRACT CLOSEOUT (CHANGE ORDER NO. 101FINAL)/WEST CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 10/Fina1} in the net deduct amount of ($14,767.0} and final payment amount of $176,510.24 to West Construction, Inc. for completion of the Robert P. Miller Park Improvements Project #2006-052. BACKGROUND The project consisted of the construction of four (4) new ball fields (3 Little League and 1 Major League) with applicable sports lighting, a two story concession stand building housing the press box, meeting room, equipment storage and restroom facilities. Additional amenities include a skinned practice field, pitching wall, batting cages, pitching mound, pavilion, parking lot, irrigation, fencing and landscape improvements; plus a fifth baseball field with concession stand and restroom facility specifically for the Miracle League of Delray Beach. The Robert P. Miller Park Improvements Project had nine (4) change orders during the course of the project. The change orders were required to complete the project and are summarized below; in addition, the attached Schedule "A" details a cost breakdown for all change orders. Change Order No 1 -Removal and relocation of fifteen (15) Parrot Nests from the sports lighting poles at Miller Park. Change Order No. 2 -Removal and disposal of unsuitable materials excavated for new exfiltration trench system. Change Order No. 3 -Excavation of unsuitable materials uncovered, backfilling of building pads, and additional bedding material for the drainage system. http://naiweb001/CauncilAgenda/Bluesheet.aspx?ItemID=3426&MeetinglD=263 7/2/2010 CITY OC' Di~LRAY i31aACH CILTANGE ORDRit TO ORIGINAL COI~ITRACT CHANGE NO. ~a it<<~na1(cont,•act closeout) PROJECT NO. 20aG-052 DATE: I'ItOJECT TITLE: Robef•t P. IVIiller Pat•Ic In,i,roWentettts TO CONTRACTOR: West Ci~ustrttctio,t, Inc. YOU ARE HI?Ri?I~Y REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERia`ORM THI; WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project Per the attached Schedule "A" SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACTAMOUNT $5,~36,917.0{I COST OF CONSTRUCTION CHANGES PREVIOUSLY ORD)aRED $ ~I6I,523.~I8 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $5,898,~4d0.~8 -- COST OF CONSTRUCTION CHANGES TIdIS ORDER ($ 1~t,7fi7.OrI~ ADJUSTED CONTRACT AIvIOUNT INCLUDING `T'HIS CHANGE ORDER. $5,883,G73A4 PEI2.CENT DECREASE THIS CHANGE ORDER - 0.27% TOTAL PERCENT INCREASE TO DATE -#-8.21°/a CERTIFIED STATEMENT: I hereby certify that tl,e sutapot•ting cost data iitclttded is, in myeonsidered opinion, z~ccLirate and that the prices gttotecl are fair attcl reaso,table. 'tiYsst Cottst,•t,ctioe,, I„c. (Catttracto,~ to sign ~: seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER I=unding is available from account: N!A DEPARTMENT FUNDING DELRAY BEACH, I'LORIDA Ity its City Con~inission RECOMMRIVb; _ _ _ - --- Envi,•nn~nental Services APPR017ED: City Attorney By: Mayor AT'T'EST: I3y: Gity Clerk S:1PngAdmintProJecrsl2Wb!2006-°i2SOFFICir~l.lCf3 f ° Final Wasf tifilter Fark GC a7°s10.doc~~ CERTIFIED BY E sCllrn~Lr ,~~Fr 'I'U CH~iNGR ORDER iVU. 7©lTili`izLL (CO~TR~.CT CLOSF,UUT) !!'CST CUNSTRIJCTION, L~}i C, ROI3~Ii'I' I'. A,[ILLL+'Ii PtL1iI~ IAII'I2UVlililCiVTS PROJT~CT NUl~I1311R 24D6-~52 CONTRACT AWARD GONTRAGT Tfl DATE STEM DESCRIPTION UNET flUANT ADJ. NO ssT. UNIT PRICE TOTAL ACTUAL UNITt'RICE EXTENDED ~!- QTY. qTY. TOTAE. ?RICE $828,264A0 Alternate A - Sonll~ Barking Lot, field #4 & Outer tmprovemants t,+tobllizaticNGeneral Conditions LS 1 $ 14 DDD_OD $ 14 DDD_DD 1 T4 DDO.DO $74,DDO.OD $D.DD Claartn & Gntbbin LS 1 $ 29 DOD.OD $ 29 DDD_DD 1 29 D00.D0 $2s,OD0,00 $D.00 Erosion Contml LS 1 $ 4 540.D0 $ A 5D4_DD T $ 4 SDD.DD $4 504.OD $O.pD Surve LS T $ 5 8DD_DO $ 5 8DD_OD 1 5 80D.DD $5 80d,OD $0.00 Demolition LS 1 $ 43 dD0.OD $ 43 ODQ_00 1 $ 43 aDD.DD $43 DDd.DD $D.00 Earthwork Incl. Gradln 1FIII t.5 1 $ 82 DDD.DO $ 82 DDD_DD 1 $ 82 DDD.DD $82 Ddd.00 $0.00 Uttiltles LS 3 $ 125 OOO.flO $ 125 DgD_DD 1 $ 125 40D.QD $126 04d.Dd $0.00 Su rade LS 1 $ 19 ODD.DO $ 19 6DD,DD $ 18 040.0D $19 000.00 $OAO I Imerack Base LS 1 $ B5 DDD.DD $ 85 DpD.OD 1 $ 85 DDO.Dd $D5 Odd.Dd $0A0 As hatE LS 1 25 ODD.DD $ 25 DDD_DD 1 $ 25 dDd.DD $25 D00.00 $d.00 Curtin LS 1 $ 7 500.00 $ 7 SDDAD 1 $ 7 5DD.0D $7 500.00 $O.OD Pavement Markin s & Si na a tS 1 $ 2 5D0.00 $ 2 5D0_DD 1 $ 2 5Dfl.00 $2 5d0.dd $d.OD Concrete Sidewalks LS 1 $ 23 OD0,00 $ 23 DODAD 1 & 23 ODd_0D $23 0DO.0d $D_dD lrri atian Matnfl3ranch Lines LS 1 $ 25 000.OD $ 25 ODO.DD 1 $ 25 DDD.DD 25 DDD.DO $D.DD irri anon Heads LS 1 $ 3 SDO.dO $ 3 500.DD 1 $ 3 5Dfl_OD $3 50D.OD $fl_OD La out Field #4 LS 4 $ 4 500.00 $ 4 SDD.Od 1 $ 4 5DD_DD $4 50D.D6 $D,DD Field Cie !Laser Grade LS T $ 45 flDO.OD $ A6 DDD.DO 1 $ 45 DDD_OD $4b DOD.DO $0.00 Fencln LS 1 $ T40 DOO.DD $ 140 d00_DD 1 T4D DDD.DD $14D ODO.DD $0A0 Du out Stmcturo !_S T $ 3D DDO.DD $ 30 DOD.DD 1 $ 3D DDD,DD $30 DDD.DO $d,DO Concrota Footers LS 1 $ 2D DDD_DO $ 20 DDD_DD 1 20 DDD.DD $2D,DDD,DD $d.DO Electrical Site RoD h U1G LS 1 $ 54 9B4_DD $ 54 964.00 1 $ 54 984AD $54 9G4.DD $0.40 Etectricat Site Lt hlin LS 1 $ 7 5DOAD $ 7 5Dd_DO 1 $ 7 50D_DD $7,5D0.00 $0.00 Eteatricat S its Li hUn LS 1 $ 5D DOD.OD $ 50 D04_DD 1 5D DDD.DO $SD,DDD,DO $D.DO Site AmoniHos L5 1 2 5DD_OD $ 2 50D_DO 1 $ 2 SDD.OD $2,5D4,Dd $0.D0 Line Item Alternate A Total $82$,284.Ufl $828,2S4.OU $0.00 $i,OD2,473.OD Altarttate B -North ParklnrJ Lot, Ftele! #3 anr! Other Improvements MobitizatfonlGenerai Conditions LS 1 $ 13 34D_DD $ 13 300.D0 T $ 13 300.00 $13 300.00 $O.DO Cleartn & Gresbbin LS T S 23 DDD.DO $ 23 000.D0 T $ 23 ODD.00 $23 OOD.00 $D.DD Erosion Control LS 7 4 5DD.06 $ 9 5D0.00 T $ 4 50D_OD $9 50D.OD $D_dD Serve LS T 5 SDD,DD $ 5 5dd.d0 1 $ 5 5DD.flD $S 50D.DD $D.DD Demotittan LS T 2t3 DDD.DD $ 28 D0d.D0 1 29 DDD_DD $29 d00.b0 D_flD Earthwork incl. Gradin fFiE! LS 1 $ 3D,pDD.OQ $ 30 DDD.OD 1 3D DOD.DD $3D DOD.OD $D.DD Utttities LS 1 $ fiD pDD.Dd $ SOODD.OD 1 8D DDD.DD $84 DDd.DD $a_DD Su rade LS 1 $ i s DDD.DD $ 15 OOD.OD 1 15 DDD.DD $15 DOD.Ob $D.DD Llmeroek Base LS 1 $ 45 DDD,DO $ 45 ODO.flO T 45 DDD.DD $45 ODO.OD $D.DD As halt LS 1 $ 75 ODD.DD $ 75 D00.00 T $ 76 DDO.DD $75 000.00 $O.dD Corbin LS 1 $ 17 ODD.OD $ 17 DOD.dD 1 $ 17 DDO.DD $17 DD0.00 $D.OD Pavement Markin s & Si na c LS 1 $ 8 473.00 $ 8 473.40 1 8 473.DD $$ 473.0D $D.D4 SideLValkS & Patio LS 1 $ 15 DOO.dO $ 15 DdD_4D 1 $ 15 UOD_D4 15 Od0.00 $D_OD La out Field #3 LS 1 $ 2 5DO.Od $ 2 5DD_OD 1 $ 2 5D0_D4 S2 SDD.DD $D.DD trri atian MainlBranch Lines LS 1 $ 27 DDD_00 $ 27 DDD_DD 1 $ 27 OOD.DO $27 ADD.OD $D,00 lrri anon FleadS LS 1 $ 4 50D_DD 4 50D_DD T $ 4,5Dd.DD $4 64D,DD $D.dO Field Cta !Laser Grade LS 1 $ 32 DDD_DD $ 32 ODD,DD 1 $ 32 ODD.dD $32 DDDAD $4AD Fencfn LS 1 $ 79 DDD_DO 79 ODD.OD f S 79 040.40 $79 DOp.OD Sd.dO Cu out StnlClufe LS 1 $ 15 DDD_OD 15 DDD.DD 1 $ 15 040.00 $15 0D0.00 $O.DD _ Rum sler Enclosrcre L5 1 $ 9 DDD.00 $ 9 o4D.aD 1 S S Ddd.00 $9 d40A0 $O.OD Concrete FQOters LS 1 $ 12 DDD.OD $ 12 DOD.OD 1 $ 12 DdO.OD $12 OdD.DO $0.00 Concrete Buildin Sfab t.5 1 $ 25 D00.00 25 D00.00 1 S 25 00D.00 $25 DDD.dO $D.00 Modular Buildin aintenance Fabriaailon LS 1 $ 60 ODD.DO 9D ODO.DD 1 $ 8D DOD:OD $90 DDO.DO $D.DO Modular t3uildin s ainlenance lnsfall LS 1 $ 300 DOD.DO 3D0 DDO.DD T 5 36D 006,00 300 DOD.DD $O.Dd Etectriaal5ite Rou h U1G t_S 1 $ 35 DDO.dO 35 DDD.DD 1 $ 35 DOD,DD $35 DOD_OD $O,DD t=lectrlca[ Site Lf htin t.S 1 $ 2 5DO.dD 2 50D.DD 1 S 2 500,D0 $2 5D6_DD $D,pD trlectrical S its t i htin LS 1 $ 27 DOO.DD 27 DDD.DD 1 $ 27 6DD.D6 $27 ODO_DD $O.Op Sife Amenities LS 1 $ 1 2DOAD 1 2DD.DD 1 $ 1 206,DD $1 2D4,6D $D.Od Line Item Alternate B 7ota1 $1,002,~l73.00 $1,002,g73.OD $O.t}0 Pege 2 of 4 S~IICIILT[.~ "ATM TO C1tAi~lGT ORDI!;Lt ]~f0.101 rIi`I~il. (COi~1'RAC7' CI.,OSRDUT) R'1;ST CO1~rSTRUCTION, }:ETC;. ' 13OIt[;R'I' P. ~II1,Y,I.R l'AI21;C Ti4I1'RO'L'EAi)3I~TS 1'1t03ECT IVU4II3~R 2UOb-D52 COf+tTitACTAWARD Cflt+tTRACTTO_QATE ET>;NI f7E5CR1PTlON !1NlT gQANTA0.1. N4. EST. tlNIT PRICE TOTAL ACTUAL UNIT PRlGE EKTENt7Eb { 1 qTY. QTY. TOTAL PRICE Change r7rder No. 4 -Addl. work required for the excavaElan required In bury ii~e unsuitable materiels uncovered at the project site, io lnciude compaction and the placemen! of the unsui[ahfe materials onsite. Cbanae Ortler No, & - The cost associated with CO #S teas paid ouf of the Allowance Account, Line Item #10 above; no increase to the contract amount. Change 0~~ Ito. ti -Addl. work required far the renovattan to fire Littfe t=env~ay ba11 field, to Include frrlgatinn, sod and field preparation. C! a t O e No - Add'i. work required for the surraca replacement of Little Fenway; to include tho extension of warning track. Change Orcler No. 8 -Addl. cost associated tviih the change to install Ce[ebraiion Bermuda Sodas a substitute for Tlflway Bermuda 413 Sod. Cit_ a~,e Order No, e - The ras! assocfated tviih CO #9 was paid out of the Rllawanca Account, Ltne lfem #10 above; na Increase to the contract amount. FiNAI. GftAN[3 TflTAt_ (lnc~udes CD #7 -#9~_-_ $ 35,Ofi3.04 $85,069.04 1 $ 35,Ofi3.04 $$6,008.04 $0.40 5o_ao $0.44 i 30.06 34.44 $4.40 $ 74,550.00 $74,560,40 1 $ 74,5511.40 574,560.00 $0.00 S s,s2a_no $8,624.00 1 3 8,a24.oo $8,824.40 50.40 $ 14,332.50 $#4,332.50 1 $ 14,332.50 $14,332.60 $4.00 ~a.4a 1 3a.oo ~o.o0 54.40 56,898,440,48 $5,$83,673.44 (511,787.04} Ort4lnai ContractAward 55,430,917.44 Previously Approved Ghangas $4fii,523.48 Total AwardiApproved to Date $5,888,440.48 Final Contract to Dale 58,883,873.44 CHANGE ©RRER N0.101 FINAL $ 14,767.Oh Page 4 of A Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: David T. Harden, City Manager DATE: June 28, 2010 SUBJECT: AGENDA ITEM B.D. -REGULAR COMMISSION MEETING OF JULY 6, 2x14 ACCOUNT NUMBER CORRECTIOIVISERVICE AUTHORIZATION N0.47-161MATHEWS CONSULTING, INC. ITEM BEFORE COMMISSION Correction of account number for Service Authorization No. 07-16 to Mathews Consulting, Inc. in the amount of $113,244.00 for design of Auburn Avenue Improvements. BACKGROUND Commission appxoved Service Au1hoxization No. 07-16 at the June 15, 2010 Regular Meeting. The correct acount numbers were in the agenda backup, however, the account numbex information provided on the agenda itself was incorrect. FUNDING SOURCE The correct funding source is_fro account number 3343162-541-68.65 (General Construction Fund: Other Improvement/Auburn Avenue Improvement} and 448-5461-538-68.65 (Storm Water Utility Fund: Other ImprovementlAuburn Avenue Improvements). RECOMMENDATION Recommend approval of correct account numbers for Service AuthorizationNa. 07-16 to Mathews Consulting, Inc. in the amount of $113,244.00 far the design of Auburn Avenue Improvements to 334- 3162-541-68.65 (General Construction Fund: Other Improvement/Auburn Avenue Improvement} and 448-5461-538-68.65 (Storm Water Utility Fund: Other ImprovementlAuburn Avenue Improvements}. httpalmiweb001/CouncilAgendalBluesheet.asp~`?ItemID=3430&MeetingID=263 7/2/2010 N1~N10RAN~UM T(3: Mayor and Cit~f Comi~lissioners PROM: Tin~o#l~y `l'ack, Project Manager ESDfCRA 1Zichard C. Hasko, Envirannse~~tal Services Director THRQUGH: David T. Harden, Ci#~T Manager DATE: May 27, 2010 SUBJECT; AGENDA ITEM S. D. - RC+C._.C~LAR COMMISSION M~I;TING OFJUNE lS, 2010 S1;RViC~ AU'I'H©RI~ATT4N 67-161 MATHl;'VVS CONSULTING INC.lAU13URN AV11NUla IMPROV1:M1aNT ITEM BEFORr COMMISSTDl~ Request for Conu~~ission approvaitauthorizatio~i for the Mayor to execute serttiee autl~ori~ation ~#07~16 «~ith Matlrec~vs Cansul#i~3g, Inc. for the design of Auburn A~renue l~nprove~nents, Project #2010-0~l0. The cost of #l~as Service Authorization is $113,2<l~l.00, BACT~~ROUND This project is in eoordinatio~i ~~>i#!r the Cor1~t~~~nity Rede~velopznent Agency and Pal~i~ Beach Co~.~nty, and is part of the Southt~vest Area NeiglZbarizood Redevelopment flan, Tire estimated cost of canstructlon far the project is $1,000,000. This project consists of Road~~vay and lnfi•astrt~ctLUe Improven~ent5 oi~ Aub111'31 Avenuc from Ai~bu~~a. Delve to SVV $~~3 Street, SW 12~~3 and l3t~' Avezwe fiom SW 8th' Street to SW 10iE' Street, SW $~~' Street. fio~n SL~~ 1~ltt3 Avenge to SW 12~t' A~vei~ue, acid SVi~ t0Et3 Street from. S'GV 1~~1' .Avenue to SW 12t~3 Avenue, T1~e scope of #lie project includes roadv~ray restu•faeing and reconstruction, sideFValks, landscaping, design build irrlgatl4Il Spe~lfiC~ltion5, paver cross-Walks, drainage it~~l~roven~ents, on street parlcn~g {where space is available), acid bus shelters {if required). SV~1 12~h and 1313 Avenue from SW 8~~' Street #a SW l Ott Street, SW 8tI3 Street from SW 14~~3 ~~venue to SW 120' Avenue, and S~ 10t1' S~'eet front S'~J 14tt3 Avenge to S'W 12tk3 Avenue will additionally inchide ne~~+ i~~ater and sewer infrastructure. Staff anticipates perfor~3ling eoa~struetio~~ administration {CA) sei-~lices in house. Upon coml3letlan of final design, any project components xequuing consultant CA services ~~vill be identified and a supplemental service authorization wi11 be brought forwa~•d fo~• apl~rovai. The current estimate for full. scope CA services is $112,2'70.00. PUNI)II~iG S©URCE 1~ttp:/h~~it~vel~0011Agendasll3luesl~eet,aspx?lten~ID=33708iIV1eeting1D-262 6f18f2010 CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. E~ °~ -` (~ FOR CONSULTING- SERVICES CITY P.©. N0.2010-040 CI'T`Y EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. 1550 TITLE: Auburn Avenue Im~rove~nents This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: A reement far General Consultin En ineerin Services I. PROJECT DESCRIPTION The scope of this Service Authorization is, but not limited to providing geatechnical services, survey services, f eld verification, final design, permitting, and bidding services far the Auburn Avenue Improvements (project limits are Shawn in Exhibit 1} as follows: Auburn Avenue (SW '1#~' Street to Auburn Drive • Resurface Roadway. On~street parking where space is available. • Trees both sides of roadway. • Design/Build performance Specification far irrigation system. • Sidewalks on bo#~i sides of roadway. • Paver cross-walks. • Drainage Irr~provements w.. swales. • Bus Shelter concrete pad (if requited}. Auburn Avenue (SNIT $tn Street to SW 7th Street) • Reconstruct Roadway (the Woad shall be one-lane in each direction with a striped center tiun lane. Parallel parking shall be provided. Approximately 29{1 LF of the road section shall be superelevated). • Sidewalks both sides of roadway. • Paver cross-walks. Aubu~•n Avenue Sf191201Q 1 MATHEWS CONSULTING W 1 Q#l~ Street ~S W 12tf' Avenue to S~1V 13t~` Avenue • Drainage Improvements. • New SanitaFy Sewer. The work will also be based on the "Village Square Public Improvement plans", dated Tune 2QQ7 prepared by GGB Engineering, Inc. The following design assumptions will be followed: • The on-site improvements for the parcel north of SW 8t'' Street will be completed in the future. Utility stubs will not be provided. • The on site improvements for the parcel between SW 12t~' Avenue and SW 13tf' Avenue will be completed in the future. Utility stubs will be provided as indicated on the GGB Engineering Plans with the exception that the gravity sewer between SW 12~' .Avenue and S~V 13`a Avenue shall be relocated to SW lOt~' Street. • Engineer for on-site improvements (Village Square) will size the fire lines, water services and sanitary laterals (assuming City minimum standards will be met}. • The City has confirmed that the lift station serving the project area (LS ##25) has sufficient capacity to accept the wastewater generated by the project. • The typical section far Auburn Avenue shows the requirement for a sidewalk along the east side, outside of the road right-a~ way. The City will obtain the sidewalk easement as necessary. • The drainage autfall for the improvements alonglbetween SW 12'x' and S'W 13th Avenues will be to the west along SW lOti' Street, through existing outfall piping to a drainage Swale in Park 1Q. It is assumed tl~.at the drainage Swale has suff dent 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 12th Avenue will be relocated to the center of the street and replaced, rather than wyes cut in as shown on the GGB Engineering Plans. iI. SCOPE OI+' SEItVCCPS Phase I -Stud axed Ire nrt Phase Not Applicable, Phase II -- Pxeli~~tinax'y Design Phase Not Applicable. Aabut•~t Avzt~tte 5119f2(310 3 MATHE'V~S ~ONSU4T[NG Phase IV -- Siddin~INe~otiafion Phase. Consultant shall provide bidding phase services in accordance with Article TII.D of the Agreement for Engineering Services with the City, dated March 16, 204. 1. Consultant shall assist City in advertising for and obtaining bids ox negotiating proposals for construction (including materials, equipment and labor}, tt is anticipated that work shall be awarded under a single construction contract. Consultant shall provide up to twenty (2{3} 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 wham bidding documents have been issued. 2. Consultant shall attend mandatory pre-bid conference and provide a written summary of issues discussed. 3. Consultant shall issue addenda and shall provide: supplemental information or clarification, as appropriate, to intelPret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 4. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. 5. Consultant shall furnish all bid information to the City in eIectxonic format to be used in conjunction with "Demand Star". Phase V - Consfrucfian Administration Phase Upon completion of the f nal design phase, the Consultant shall submit an Addendum to this service authorization for approval of fees for construction phase services to be provided in accordance with Section Ill-E of the Agreement with the City (if requested by City). 4fher• - Permiffin~ 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 (SFWMD) and Palm $each County Health Department (PBCHD}, The following permits are anticipated: Auburn Avenue 5/19/2410 5 li+fATHEWS CONSULTING Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and rx~nlgrate elevations}, and aII other accessible structures. This will include coordination with Sunshine and City of Delray Beach. c. Identify platted rights-of way (including bearing and distances for centerline), lot numbers, house address, ownership lines, black 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 alI 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, £ Provide and reference benchmarks at maximum 600-t'oot inteiva.Is. 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 208) 4thex _ Geotechnical Consultant shall furnish the services of a professional ~eotechnical engineer to provide subsurface investigations of the project a~~ea that will include: I, Perfoi~n up to ten (10) standard penetration test (SPT) borings to an average depth of fifteen (l5) feet along project limits. 2. Perform up to four {4) pavement cores along project limits. 3. Evacuate field data collected and provide geotechnieal engineering evaluation report. Other -Field Verification Consultant shall furnish the services of a professional underground services com:pan~r to provide underground field locations of affected existing utilities. The work shall consist Auburn Aven~ie Sf19/2010 Z MATHEV~S CONSULTING utilities and driveway connections as they relate to the proposed on-site 'pillage Square improvements. 11. Lighting and Irrigation plans are not included in this scope of work. A,IIAITIONA.E SERVIi CES Consultant shall provide additional engineering services relating to the provision of sanitary, water, drainage, reclaimed water and streetscape improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to uncextainties discovered during survey, sails, investigations, field verification of existing facilities and conditions, permitting regulations, and potential property or easement 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 Notice-to-Proceed issued shad contain the following information artd requirements. A detailed description of the work to be undei•takext. A budget establishing the amoun# of the fee to be paid in accordance with the Agreement. A time established for completion of the work. Illy. TIlV.iE QF PERFORMANCE The completion dates fox this work will be as follows (starting at written notice-to-proceed). Refer to Attachment A _ Project Schedule. Engineering Services Time per Phase Cumulative Time Survey 4 weeks 4 weeks Phase III -Final Designtxl l S weeks l9 weeks ~ Phase IV -Bidding 8 weeks 27 weeks (1) Geatecl2~tical, I veld Frerifrcr~tian a~td Per rnitting wilt 6e completed during phase Ili--Fijsal Design lime period * The schedule is based upon conducting a review meeting within 7 calendar days after City receives the Submittal. All review comments shall be provided to Consultant within 7 calendar days after City receives the submittal, An adjustment to the overall schedule will be required in case the review meeting takes longer to be conducted at~dlox obtaining comments takes longer to receive. Auburn Avenue 511912010 4 MATHEWS CONSULTING - This Service Authorization is approved contingent upon the Cup's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Autharizatian, If the City in its sole discretion is unsatisfied With the services provided in the previous phase ar Service Authorization, the City may terminate the contract without incurring any fiu-ther liability. The Consultant may commence work on any Service Authorization approved by the City to be included as part of the contract without any farther notice to proceed. Approve by: CITY flF DELRAY BEACH: Date; . l~elson S. McDuffie, Mayor MATI3EWS CflNSIJLTING, INC. David Witness Attest: Approved as to Legal Sufficiency and Form r..~., vxce rres~aent STATE QF FLGItIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this~~~-day of~ , 2D 10 by David Mathews, Vic~Pxesident of Mathews Consulting, lnc,, a Flarida corporation, on behalf of the corporation. He/She is (personally known- to ~ne~ or (has•` piot~uced identification), Florida Driver's License and did/did not) take an oath. ;b1~Y °~e~ Notary Pebtic State of Florida xgnatur ~ perSOri taking ~ ~ Nancy Armstrong ~ffla~~ ~ P~ 5©5J0612p D78fi482 aClcnaWl Bement . ~ AubutnAventte 5119/2~i0 I1 MATHEWS COI+ISULTING ATTACHMENT B City of Delray Beach Auburn Avenue Xmpravements Budget Summartr Labor Classification and Hourt Rates hase No. ask ^escriptian PrincipaE Engineer $139.D0 Senior Engineer $127.OD Engineer $1 p4,DD Construction lnspeGIor 578.75 Senior Eng. Technician $94,00 Senior Cadd Resigner 589.OD i Itl Final Design Phase Task 9 3 6 4 Task 2 7 2 Task 3.1 30"/o Resign Drawings 25 10 1D 2i) i'ask 3.2 60% Design i3rdwings 40 12 3t7 4fl Task 3.3 30% Design Drawings 4D 12 3© ~40 Task 3.4 1DD% design Drawings 10 5 13 Task 4 20 Task 5 4 8 Task 6 2D Task 7 24 20 Task 8 2fl Task 9 2 $ Subconsultant-iBf Grou (Landsca e/lrri aeon Sabtota! 21S 0 6S 0 80 723 iV i3idding Phase Task 1 S 2 Task 2 4 2 Task 3 4 2 5 Task 4 4 Task S 3 4 Suttconsulfanf-f$1 Gtou Landsaa e/1rrr~aiion 5ubtotai 20 6 0 0 9 0 Other Perrr€itlin 2fl 8 8 Surveying Geotecd~nieai Field Verification Subtotal 20 8 0 0 & 0 Labor Subtotal Hours 255 14 65 4 97 123 l.aborSubtotalCosts $35,445 51,778 56,76D $fl $9,118 $90,947 Labor Total Costs $67,064 Subconsu[tant Costs Total 538,8D4 Subconsu[tant Multiplier 1.9 Subconsu[tant Total $42,fi80 Reimbursable Expenses $3,500 Protect Total $113,244 f - ~ -~~.~I ~_ ~ ~ LJ l~f-~ L~I~~ -~~-"- a ~_ ~ ~ r~~ =ran, ~ 'i ~ ~~ A7LA# T{C AVEf{E!E -~ ~ 1 ® I tr ~ ''~~ .,! ~+ F [ it r ~ +i , ~: , •~. ~ ~ E _ a _. A,t~.. i~L~.... _._. ~ _.. ~w .. .:: S.M a -_ _- ...._._. 2nA s~.'ym ~o trFLfinY , I 1I1 1~ ~ ~ ~~ ~`, full SFR>,71.C Sk.`~ cF. I~ ~, ` CI ri ,,, ~~ i~ .~,~, ~ ~ . ei.... a JFitJ ~ ~ ffiA+'f ( ?i~r [R "t ~ ~ ~ , E t 1 ., ti , 5 1 1~7 Mi- 5 -- s~ w- ~. ,ta*rs o ' ~ rni `` n ~ . E[ I ' 11 _^ .. -1{ ~ , 1a ._ 1 ~ < ~~~.' " " I x ~ DLLl1lY FiFACH ~. ;.~ ~ .. ~ ffArtTCR) I :. t'E`E'`s" cal i3}~~I.t:'11` l~k-; ~(`EI ~~'~~---L V'ai[i.•i=a1E';i:.f `1f:':1, ~: I•i'F-cic~'IJrl-i i ~~• ~~, ~ -- ~:. ,[ C~'~`Y Off` DELAY BEf~~f~ .A-UBURN V~LLA~E Exhibit ~ I#( i '"` i Page 1 of 1 MEMORANDUM TO: Mayox and City Commissioners FROM: Timothy Tack, PE, Project Manager ESD/CRA Richard C. Hasko, Environmental Services Director THROUGH: David Harden; City Manager DATE: June 28, 2010 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF JULY 6, 2010 SERVICE AUTHORIZATION N0.07-04.2/KIMLEY-HORN/DESIGN CULTURAL LOOP/MLK DRIVE ITEM BEFORE COMMISSION Request for Commission approval/authorization for the Mayor to execute the service authorization #07- 04.2 with Kimley-Horn and Associates, Inc (KLIA) for the Landscape, Electrical and Construction Adminstration and Bidding Services of the Cultural Loop/NII,K Drive Project #2004-056. The cost of this Service Authorization is $11,800.00. BACKGROUND Kimley-Horn and Associates, Inc (KHA) and the Delray Beach CRA in coordination with the Beautification Committee recently completed a master plan-level study for beautification improvements along Martin Luther King, Jr. Drive in Delray Beach. Phase 1 of the plan encompasses N.W. 2nd Street between N.W. 12th Avenue and N.E. 1st Avenue, while Phase 2 includes N.W. 2nd Street between the I-~95 Sound Barrier Wall and N.W. 12th Avenue, arid N.W. 2nd Street between N.E. 1st Avenue and the Intracoastal Waterway. This Service Authorization is for the Landscape, Electrical and Construction Adminstration and Bidding Services for the first phase of the beautification improvements. FUNDING SOURCE The Funding Source is 334-4141-572.68-57. RECOMMENDATION Approval httD:l/miweb001/CouncilA~enda/Bluesheet.aspx?ItemID-3431 &Meetin~ID-2~3 7/2/2010 ~ ~~ ~~11~+-~~r~ r. 6 ~"~ . ~ ~ Ciat€~S, inc.. fihis;5i~~~ Autlt~aticrr;;, t~v~rexeeut~cl, sha.tl h~: ini pr~or~ttcd ~ ,zirci sha13 ~i~~me iiifc~t~1 t~ ~ei~i~`~ A,ui;<iarizat~n Cl'~-fi.4, ap~rovecl.b~~ {~iiy cif i~elra~ ~3~.aclr C`ctz*~~xiss~dn Tine 1ci, ?Ut~~~: TTfI,E: ~~l~T~`1"RL11~'r1CD~IPITAS3~'S~~V~ES-LAI+illSC'AI'~ t~C'~IflT~:C'~'>l.lK:%AL ;~A:is ~lse~. ~i:subrrl~t'111is sc;r~ice ar~~ht-riz~ti«I1t~;lz~st in fhe pity o~T~eliay ~rii~;la. _ ,.. .. ; {"Gl~enl") ~€~t`~~°c~~dit'tg bid phi}se alirl ec~rz~;€rz~cEion ~~;~~'~~nc~s Stt~~d ~i#h the 3~~~i~ic~~a. iixfprc~v~?ertts. (fur ~jecl ~c~~r~-ta~t~-in~~ scope of ~ce~: end ~~~ follow: 1~x1ey-moo an:;Assiaciae~,.Tne ikl~j i~in the iiria~;de~l~'n ~#aes for l~e~uti~i~~titia i~p~'ovom~t~ ~lrai~g Martin I.,utlie~r.T~ir~g l~riv~ 'iI~ .t~c.lr~wr #3~~ach, '1~Fie City tiFL~~tra~+ Be~c3~ ita~ a~lc~ : t~ exi~iid t3~eii~ scruce~ #t~ cif~r bic~ phase alzt ~x~stxn~t ~lZa.~~ assistat3w~ `1~'0 ui;der~and that ~3~e consutactit~n c~i tli~~aeau#ilt~atic~rl irn~rc~yets cc~uld;lau ,~~ ici 32 ~~~~;~.. 7€`~:~3i~ 1.--;31~~tt~sp~ Arii:~: c~.~lrs~tc31 ~~ 1P~a~~ ~~l ~o~sru~ti~n lw*le ~erviees ~I~;~i31' ~x?vi€~i:~ c.~nstriictir~f~ ~~~ one fQr #I~~ lacls~a:~ ar~hit~etusal ec~i~ipoi~~i~~s a c3esizaeci a.tf detai ltcl in t1-i~:.1:~€3°l~ c~ii~t~t~cttoz#`'d~~cu~xier~t°s ~€~t~1~e~ under tl~e tnastc:r arrr~~nt. ~irrw~~ce~. axe lim~ted'to t3ioG~ ~esii by tn~ slier#,_~+i3t c~~tld in~li~dc tl~e l`t~lli~v~~it~~:: 1„ ~ arasf•n.actit~n vbseva~ic~ri ~r3sits, ~1~ pui~c~s~:. E~1~l~~ich lv3ll Inc tc~ I?bserr~~: tic,ns~'u~ttot~ c~patioi~s anti re,gcirt ~aior~za~i~e.ox iii-EC~nfvxir-t~nc~ ~irif~ 4h~ ~t'iritra~i ~ac:iim~:nts tc the t~lic~t. C°c~nstrtt~:tiq~i visitas u~i1l ~'~t~i#ed is se~Yen {~') ~v~i#s..~ll ~~sts will tic dc~eul~~el~#ed lr~icl~r a rric:ino, i~~ntfyin ~o~in~~ to t1~e C;lic'i. ~,: ~I'lc~ 1411 I2Dt, C1LU'FI'I2 SLI~~I'4~~1#.5 (7t' 3S ~ CCStt~t C1l'SCi4171 [}~SCT'6'~~lfllily t~~'~[?I1~77C~~I'''~" ~'ri~I' tr} ~ii'ta~;rc;5s;scrpca'~!i5c:. ~Te~#, tai halm ,V~nf~°€:1€~lcr n~et}x~c~~ tecnieliges, ecl~.ul~rn choice Ord zis~~e; ae~ucrz~~s. ~c>~i~du cjr procedcirCS cif col~sfl-ilctciii sel~efetf E~y #~>~ ~~~i~~tctc3r; 1'or safcYy tar~eai~c~z~s ~rts,~:l~rci~~csims.iixc~denL xc, ~un(r:1~Et~~'s,«'ark, n~r~r a~ ail>.trc of fhc: C~~titr~tctoi• tc? ~:crnply- w itr~ laws sitcl r~~tilaticins aallcah'le t ~~9#~'~tetc~r'S Eilrriis~-in~:aztiperf~rrrur~~ tltc Lw~t)r3c. ': 3 .3TIt ~~ctt;~~r guarf~iitees tic ~orfarr~~ance ol~at~y t°•nrltr~ac#or; ncsr ~ssu~n~;a,r~~~oxi~bi~it far at~y C'c}ntraetc~r's fail.,t~ l`~;rnisl~ acid p~rfan~-i its l~ urn _i'n altci~ree w~tki tlt ~o~ita~~ L7acuii~ei2~ti, 4. ~%ildrt~ ~s~i5fscnce. ~k~A c~ a~si~€ €.hc C:lent b~ podin~i~ f~z~ns and coriU~~ct c~:'~n~~:t:t:w:Cur bi~lclers, ~tteztdiri~ i 1~ t:t~icl C~~er~~, ~e~si~i b~a~,~i1~3 icleiitfyi ~~° host r~s~onsx'~e, re~~?t>ii~ible bi~dc~i"rto thie;(..lien: . ~: 3?iepitrati~iri: ~t adlendi.cri~ durxt the did p~. fi; I~.~snn~, t~ ec~tractt'Fz requests far inf~rm~#icii~ (~1's~ ~~ ri~'~~ra~ ~laaii~~ orcl ~ea~Y~: CG~WP13_tl~iCi1€1~1d~Q[1~}1fi-t~iT~1£[~l~y~e~~h .~TJs1rLI`~IVtIt~IFi'i+r~tr~dt~lfi-i~~constnueti~~:~~tasel~ft,:~ ~nnstruetinrt~P.1:~is>e Page t of'3 "i"`~is s~view auti~~t`+z~tic~n t~ a~iprovec~;~o~atir~~;t upc~i~ thy: ~'ity'.s ~.ccs:~Ea~ce ;~fi ~n~i tsfaeti«~rt vv~ t~ ea~~~Ieti~n of tl~e s~:i~iice~ :rendered ~~ ti1~- ~~'evin~fs phase or as e~~coii~~ass~d by t. preYiiaus r°~fic:~: atil~ac~><-ir,~ttiun, I~ t~ City ~n its scsle cii5ure~tion ~ k~r~s~tistieci with t~~c ;~~t~~ prtrvided i~ tine pre~~ious p~iase ~t sLt'v~it't' ~~.~iti-ionization, t[~s: ~'t~; znav .terminate the ;i~t~a~~. witl~t~ui ~~~~~~`rin~ any Tif*t~i~;r I;~bitit~, '~'l~e ~.~}.~5t.11.`t'~\'~ _s~~.ll ~n~~~~e~ w~k can this ~~rce autho~tiaia u~ac. approval by.th~ t~it~r C'c~rrrriisston. ~pPr.~v~.~ ~~._: ~' t~F ~fi~t,~~~'' B1:A~H I)a ~fl~'DT 1~C~~: 9t~I~5S l~tte~fi: Appr~~red as t€~ ~a1 ~~icie: ~ c2 Far~ai ~~:: ~,. ,: ,:y 1~tt~5t 13~;~QI~~ [t~`E, th~:ferre Ming i~islnit~~e»t; this.: ~~ .day Q ~k:~ , 2~ 1 ~+as acknL~w~lect~~d~v . ~ ran behalf csf the ~L`sr~s~'~rrif}n ~ncl said ~~r~o ~~ecute<l tl~e saute free aild volu~ta.i~ily .fi;kr the Pose thLre in ~~aressed. ~t~ess rri~ hand end seal ~ the ~~au ~ar~d State af'~re~ad ~; ~~~ rla~r a#` ~ .~01 Q: ~~t~~ [~Lt~Slli 'M~kY a,n,~,75 F ~' ~'iv u~~~ ~, hY :,. ~a*aesr ,eta: z~ C~z, ;,i~t~a5 1C:1~'~~LIR~~;QA3tt~ - C~rft K I)~ia~ I3~ach - ~13c\A~~'I~V~Ctmcrac~k5~l~dcc4aa sly ,~t::itm ph~eVG1T~i5. E'ae ~ ~f ~. ~i~VII~ ~G~7~~ ~ gh ~ndptrstcti is# ~~:iE~~ arde~. ~ity:.of Delray ~lIFC lriva G~nstrt senior S~ra4~P' Prvfes~#cer~al 'r#r~eE~a! #E~~asn®~r1 8: ~} ~:n s: a ~: 2. it rf7: H~suts engineer ire Tt~lninc~ #~IT) p0 o°o 3:0' C1~0 ~.a o:ci _, 1~'f3 W~1//J~~./V/~/~Lf/i~~~ ~~7xn3.13i:T~ $65.{7(3 ~t/~VV_ ~~~WaRIiJ. ~tV.OS7. G~29%4tiA~~I:,IS Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Specialist Richard C. Hasko, PE, Directop of Environmental Services DATE: June 29, 2010 SUBJECT: AGENDA ITEM S.F. -REGULAR COMMISSION MEETING OF T[JLY 6 2010 RE VEST TO REDUCE VALET UEUE/GAFFE LUNA ROSA ITEM BEFORE COMMISSION The item before the City Commissiox is a request from Gaffe Luna Rosa to reduce the operating hours of its valet parking queue to open at 11:00 AM on weekdays. BACKGROUND Gaffe Luna Rosa has held a valet parking license agreement since February of 1999. At the July 18, 2007 City Commission meeting approval was granted to increase operating hours. The approval allowed the queue to open an hour earlier, Monday through Friday, at 10:00 AM rather than 11:40 AM and on weekends at 9:00 AM. Given changing customer trends the valet operator is requesting to revert the weekday opening time to 11:00 AM and change the Saturday opening to 10:00 AM while maintaining the 9:00 AM opening on Sundays. The request, if approved, would make the parking spaces used available to the general public the additional six mornings per week, Monday through Saturday. The westernmost spaces, dedicated as a loading zone, will not be affected by this change. Furthermore, the applicant is prepared bear the cost of having the new signs manufactured to the City's specification. RECOMMENDATION By motion, approve the request from Gaffe Luna Rosa to reduce the operating hours of its valet parking queue to start at 11:00 AM on weekdays, 10:00 AM Satrudays and 9:00 AM on Sundays. http:/Imiweb001/CouncilAgenda/Bluesheet.aspx?ItemID-3441 &MeetingID=263 7/2/2010 ~`~` ~, ~' ~ - 7^'t ~ yi u~ ~ ~; ~~ £ batr C`' ,# tt ~_ ~ ~ Y `-' ~ t ~ a~r~~wraw' ~ ~ y- ...~ ~..,,.rY,. _ ~ r f~' ran r~ ~flki~tyNl~aS .~ `~ }~ ~~ ~~ ~. ~, ~ ~~ -° ~- '`~ ',~ ~~w,; ; E t ^ ~~. v ~~3 ~j~. ~ ~ STI `~~`'P ~r} ~+ ++} p~ 4+f.. .~ , e `r ~ m ~, ~ ~ ~, ~_ m ,~~. ~ ~ i,r, ~ , ~. ~ ~~, ~ , ~ T ~ .~. ~.' .~ ~~ S .F ~ ~ t E. ~ yC f x ,~ 5 ~,_ e~ ~:~: ~ `F`~ ~ ~:~ ~~ ,~.ow .R ~ ~ ~~L :~ t _ ..:~.~,'~ ";•Yn ,... c _ I~u~.. ~~~_~., .. rr ~'AtA ..yam .. Yr~. d.F'r' n -~h W O C v rn /~ `V Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, Director of Planning and Zoning THROUGH: City Manager DATE: June 30, 2010 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF JULY 6 2010 ABANDONMENT OF A UTILITY EASEMENT AND DRAINAGE EASEMENT: DELAIRE COUNTRY CLUB ITEM BEFORE COMMISSION The request involves abandonment of an existing 10' x 34S' utility easement, and a 12' x 297' drainage easement in conjunction with xenovatians to the Delaire Country Club's club house located at 4645 White Cedar Lane. BACKGROUND On April 14, 2010, the Site Plan Review and Appearance Board (SPRAB) approved the Class IV Site Plan Modification far the Delaire Country Club's Club House project. The modification included expansion of the club house and reconfiguration of the golf-cart parking area at the south side of the clubhouse building. This expansion encroaches into existing utility and drainage easements, and thus, the existing easements are to be abandoned. The attached Exhibits "A" and "B" show the existing easement locations which will be abandoned. The existing easements were dedicated by Plat, as recorded in Plat Book 35, Pages 1 through 4 of the Public Records of Palm Beach County, Florida, and are more particularly described in Exhibits "A" and "B". Replacement easements to FPL (utility} and the City (drainage) are proposed for these facilities and acceptance of the easement dedicated to the City is on the agenda as a separate item. RECOMMENDATION By motion, approve abandonment of a 10' x 34S' utility easement and a 12' x 297' drainage easement dedicated via the Delaire Country Club Plat, as recorded in Plat Book 3S, Pages 1 through 4 of the Public Records of Palm Beach County, Florida, located within the Delaire Country Club property at 4645 Cedar Lane; and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(l~(S), Abandonment of Public Easements, of the Land Development Regulations httpa/miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=34b9&MeetingID=263 7/2/2010 RESOL~LJTIDN NO. 39-10 A RESOLUTION OF THE CITY COMMISSION OF T'HE CITY C-F DELRAY BEACH, FLORIDA, VACATIl~TG AND ABANDONING A DRAINAGE EASEMENT AND A UTILITY EASEMENT BOTH DEDICATED BY PLAT, AS RECORDED IN PLAT BOOI~ 35, PAGES 1 THROUGH ~ OF THE PUBLIC RECORDS OF PALM BEACH COUNTY AND MORE FULLY DESCRIBED IN EXIiIBITS "A" AND "B" WHEREAS, the City of Delray Beach, Florida, received an application fox abandonment of a sanitary sewer easement declicated by Plat, as recorded in Plat Book 35, Pages 1 thxaugh 4 of the Public Records of Palm Beach County, Florida, as more particularly described in Exhibits "A" and "B»; said easements abandonment being located both within Tract E, Lot ~., Bl.oek C, Delaixe Country Club (Plat Book 35, Pages 1 through 4 of the Public Recaxds of Palm Beach County); -and WHEREAS, the application for abandonment of said easements vas processed pursuant to Section 2.~.5~Nj, "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(~(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 Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.G(N~(5), f~xa.ds that the abandonment will not result detriment fox the provisian of utility services to adjacent properties ox the general area, that its interest in the described property is na longer needed fox the public good and deems it to be ~ the best interest of the City of Delray Beach to vacate and abandon both easements, as anoxe particularly described in Exhibit "A" and `B". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION C]F THE CITY OF DELR~lY BEACH, FLORIDA, AS FOLLOWS: Section 1_ That the faregaing recitals-are hereby incorporated herein, by this reference. Section' 2. That pursuant to Chapter 177 and Chapter 1G6 of the Florida Statutes, it is hereby determined to vacate and abandon bath easexn.ents and aII right and interest they hold to the following real property, xn.ore particularly described as foAows: See Exhibits "A" and "B" PASSED AND ADOPTED in regular session on the day of , ZQ10. MAYOR Attest: City Clerk f `L~Y,aP ~Jt~ ~1 ~ ~ ~~ ~ 9a~ Ram Ff~rida8,9487 g El R V E Y! N G 8 M A P P I N (3 l~ficxke 4fAulh0~za1i0ri Na.1B7264 ~~I; ~) a~~-~sa Fax: X561} 2~ii•5182 SKETCH AID LEGAL DESCR[RT~ON . ~NQT A SURVEY'S i ~ - i ~ LIVE ~ THI ~~r -c SKET / U ,~ ~ ~ ~ f' I -~ DD~-L-38-C N ~ ~ NOT TO SCALE -- ~ ^---~ E ~~ ~ ~ ~ C R. r P Q ~ -~~t ~,F P ~ ~,1Rp ;~~ ~' ~ O , ~~~ i~ 5 ~ , tp ~ ~ . f ~ ~' ~<- G~J~~`- / i ~~~tl f~14'FI ' E X8 ~~ G / .90 O~`y~~' 1'~ Q~ 8$.89 ' - ~ 0 ~~~~ l0 o ~~ f Q~~ fix ~~ ~ ~~ ~ TRACT F DEL AIRE GQLF CLUB ~~ ( .~. ~. ~ (P.B. 35, PGS.i-4 P.B_GR.~ -h~ s ~ b~ 1 ~ ~~,a ~f -,=5.~2~ ~~ LC]T 1 g'al`` ~ ~ ~~oc~ c ~ `~ -. dOH HU. Q$134 Prn]eM Normal $ RE pwG HYI ,[ }{ SCAL@i '- 0' ©.F. ABANC!#ONNtENT tK•n avl JSH oa~l 05/ 9/2U1A SHF;~7 2 OF 2 ~'~~~~ ~1 ~~ ~ ~ ~~ 949A Clint Madre Road S U l2 V E Y I N G~ M A P P I N G Boca Raton, Florida 33487 Cerii3icate of Aulhorizafion Na. U372B4 Tel. (561) 241-9888 Fax: {561} 241-5182 SKETCH AND LEGAL DESGRIPT~ON (NOT A SURVEY) ~ ~ ~ UVE OA THI ~- /~~. ~ ~ 5KET / ~~ ~ ~ ~ ~' ' / LI~IDD-L-38-CANAL / L©CATION 1tIlAP S10° 24'57"W ,~~ NO7 TO SCALE 17.98`-- =~' i I I s i~ ``,, G~ ~ ~~u~ ~ ~ ~,• ~~p,GO~-~ p ~ G. P~ Q ` ~~ ' , ~~ ~~L G ' ; ~~ ~ ~1. 35 ~ ~~,,~ lP g' ~ ~ ~ 1,,, ~ ~C. '' ~ .' ~ ((]y .,, (~ZJ; p V I ~`J 1* ` G 7 o I {(''' •~ ooF +` / P a B TRACT E . . . .r' ~ DEL RIRE GOLD C~.UB / {i'.B. 35, PGS.1-4 P.B.C.R,) f ~ ~ .04~ ~ S84° 50'46"W . 15.37 ~ / ~~ ~~ _ a ~ /o / ~~ ~ / _~ ~_ 7~ U // I e ~-~ / SLOCK C JOB NO. p8~34 Pra7 ec-? Nome+ D1~twA1RE OYYG 6Y= ~~}-j SCALE+ t°°5~~ U.E. ABAN[}RN~IENT ~x'~ ay: JSH OATE+ D2l02l2RtD SHEET 2 (5F 2 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: CIty Manager DATE: June 30, 2010 SUBJECT: AGENDA ITEM 8.FI. -REGULAR COMMISSION MEETING OF 3ULY 6 2010 ACCEPTANCE OF A DRAINAGE EASEMENT DEED/DELAIRE COUNTRY CLUB ITEM BEFORE COMMISSION The request involves acceptance of a 12' x 297' replacement drainage easement in conjunction. with renovations to the Delaire Country Club's club house at 4645 White Cedar Lane. BACKGROUND On April 14, 2010, the Site Plan Review and Appearance Board (SPRAB} approved the Class N Site Plan Modification for the Delaire Country Club's Club House project. The modification included expansion of the club house and reconfiguration of the golf-cart parking area at the south side of the clubhouse building. This renovation expands into existing utility and drainage easements, and thus, the existing easements are to be abandoned. A replacement drainage easement must also be accepted by City Commission. The existing easement locations are being abandoned by separate action. While two replacement easements are being provided, only the drainage easement, which is being dedicated to the City, requires action by the City Commission. The replacement drainage easement is depicted on Exhibit "A". RECOMMENDATION By motion, accept a 12' x 297' replacement drainage easement located within the Delaire Country Club property at 4645 Cedar Lane; upon a finding that approval of the request is consistent with the Comprehensive Plan. httpalmiweb001/CouncilAgendalBluesheet.aspx?ItemID=3468&MeetingID=263 7/2/2010 Prepared by: RET[JRN: R Brian Shutt, Bsq. City Attorney's Office 200 N.W. 1st Avenue. Delray Beach, Florida 33444 Parcel I.D.# 12-42-46-2~-OZ-000-0030 EASEMENT DEED T ffiS INDENTITRE, made this ~"~ day of lone, 2010, by and between DEL-AII2,E COUNTRY CLUB, INC., a Florida not f©r profit carporati©n, Elks/ DEL AIRS GULF CLUB, with a mailing address of 4G45 White Cedar Lane, .Delray Beach, FL 33445, party of the first part, and the CTTY~ OF DELRAX BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose o£ installation and maintenance of a stormwater drainage well with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such stormwater drainage well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the fiuther right in the party of the second part, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements; restrictions, and reservations of record. The party of the f rst part also agrees to erect no building or effect any other lCZnd of constnzckiorz or improvements upon the above-described property. Party of the f rst park does hereby filly warrant the title to said land and will defend the same against the. lawful claims of all persons whomsoever claimed by, through ar under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Reed allows ar permits, the same shall include the successors or assigns of the porkies. JOINDER AND CONSENT O~ LENDER REGIONS BANK, an Alabama banking corporation, the owner and holder of a first morEgage lien upon the subject real property, hereby consents to the foregoing easement and joins in same, provided, however, that REGIONS SANK makes no warranties, express or implied, as to the subject property. FITNESS #1: {name REGIONS BANK, an Alabama banking corporation r By • ~/ I/i Print Name: Vanessa C. Civalero Title: Senior Vice President 100 SE 3rd Avenue, l7'~ Floor Ft. Lauderdale, FL 33394 ~I #2: ~ ~~ (name print ped} STATE Ol"' COUNTY OF The foregoing instrument was acknowledged before me this ~r( ~'r day of June, 2(}10, by 1~ ~,.,~-~-~-~..~ c-, ;~~-e.~-~_ _--- -, as ~ V ~ of REGIONS BANK, an Alabama banlting corporation, on behalf of the corporation. HeI he' is personally known to me ar has produced ~..~~"fir-~Ll.,~ ~~u..~~ type of identification) as identification. Signature of P son g Acknowledgment Name Typed, Printed or Stamped rra~xY~~c-s~~ fl~ ~.o~nA ~'""`'~~ Denise T, Iientivegna Cmm~pission#DD577S1R •' Expires; JUiaY 24 203.0 BOT7l]ED 77iIiU A7~.R.'~TIC HQNAING G()., II6C. 3 ~~~~~~~ 949A Cli[d tvloora Road S U R V L Y l N 0& hA A W P 1 N G 9aca Ratan, F€onc~ 39487 Cecate D#AuHtasfraUan Pfa. EST284 S~CETGH AND LEGAL ©ESDRlPT1E?N (NAT A SUR1/EY) LOCAT~01~1 MAP NOT TC7 SCALE- C,~ ~ G~-~p' R ~ ` R~PO~~~ ~ ~ ~ ~ Q~L ~,~~'S J /~ tP~''~ t t Tel: X561) 241-1398$ Fax: (561} 241-b182 • i f~. r. i l TRACT F DEL AIRE GOLF CLUES .B. 35, PG5.1_q ~P.B.C.R.) Q ` a4-OG~ C' ~• '~ O ~- c, ~ ~ ~ .4.~! ~~~ ~ ~ `3•. _ ~~ f~ ~g4° 10'02"~ ~;%' ,~'.Oh ~$ _ ' E ~ ~~tt~ ~~~~~ iv -" ~,I rr 4' ~ _~ ~, 0° '1015 ~ '~~~ 0~ ~ ~ r~ ~~~~ y ~ J ti ~c h / "o~F 15'i~` .,.r.+"' ~~`~ ~~~~' ~~/ Y 4gi~~02"W ~$ 82 &0' 12.00` k ~ _ /.~Q ¢~' ~ ~w ^.r 1 _ ,gyp f~ .p`b,~~lr LOT i r0~ ~. ~4 ~~~~~~~~. BLOCK C ~e ~~~~ . ~~ ~ S45° 119'41"~ ~~~ I~k N89° 40'19"~ __65.14'--_.~,._....w „---- _ , t~ S89° 4a'i9" ~ ""~'~~-- 'S 54 95~, .~. ~i2` D.E. 2.52' REMAIrti1l N84° 43`5"W 9$.93` 5 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 30, 2010 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF JULY b 2fl1fl INITIATION OF THE ANNEXATIONITHE MARKETPLACE OF DELRAY ITEM BEFORE COMMISSION Consideration of initiatiing the annexation, via provisions of the executed water service agreements and consent to annexation, with initial zoning of PC (Planned Commercial) of The Marketplace of Delray, located at the northwest corner of West Atlantic Avenue and Military Trail. BACKGROUND The property under consideration is a 30.26 acre shopping center with several outparcels which was constructed between 19$0 and 1986. On April 8, 1980, a water service agreement between Federal Plaza Ltd (then owners of the .subject property) and the City of Delray Beach was executed for an approximately 28 acre parcel. The 1980 Water Service Agreement did not include the voluntary annexation clause nor did it include some of the outparcels. In August of 2000, the Market Place of Delray, Inc., requested seven additional water connections for newly converted retail space. As there was an urgency to open the new businesses, the City Commission approved a temporary water service agreement on November 7, 2000, to allow the applicant to provide service to the new tenants, with the understanding that a new water service agreement would be executed. On June 18, 2002, the Water Service Agreement was modified to include the entire shopping center and all outparcels. The water service agreement included the consent for future annexation and assessment of a storm water assessment fee. The agreement states "unless the customer agrees to an earlier date, the City agrees not to approve an annexation ordinance under this agreement until January 15, 2010". The current property owner has been notified of the proposed annexation proceedings. This Annexation and initial zoning request is accompanying a City initiated Future Land Use Map http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3462&MeetinglD=263 7/2/2010 N. w aRp ~ H.w. aRn sr. 1~ II N.W. ,J M - ~'VT Q M BRADY B Kt f1(] LAKE pRIVE r o RARRETT 5 II FRANCrES DR 3 ar ~~ ~ r ~ ~ a ~ p.LwoaO oRl r r J ~ FRANWODD ORI U 2 a~ _~ __ t _ o WE5n/7 ATLANTIC II~ AVENUE V 6 a O K ~ ~ ~ Y x .EFFERSON RDAp T ~ 3 ~ ~ ~ ~ ~ o ~ U Z ~ LINCOLN ROAD ESTATES DRIVE ADAMS ROAD WoCA CIRCLE WASHINGTON ROAD 11 o iATES DRIVE ~ SUBJECT PROPERTY MARKETPLACE ~F DELRAY I`'' - O k J PLANNING AND Z NING ©EPARTMENT -- LOCATION MAP DIGl7AL BAS£ h/AP SYSIE'~M -- 1.44P REF: S:\Planning do Zoning\DBMS\Fite-Cob\Z-LM 10D1-15DD\LMit801~Marlcetploce of Delray Page 1 of 2 TO: FROM: MEMORANDUM Mayor and City Commissioners Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 30, 2010 SUBJECT: AGENDA ITEM 8..I. -REGULAR COMMISSION MEETING OF JULY 6 2010 INITIATION OF THE ANNEXATION/LOTS S - 7, BREEZY ACRES ITEM BEFORE COMMISSION Consideration initiating annexation (via the provisions of the executed water service agreements and consent to annexation) with initial zoning of R-1-AAA (Single Family Residential) of Lots 5-7, Breezy Acres, located on the east side of Markland Lane, 491 feet south of West Atlantic Avenue. BACKGROUND The subject property consists of approximately 2.5 acres of land and encompasses three (3) parcels. The properties are bordered to the north by the Bank United Building, to the east by Coconut Key Condominium, to the west by the Enclave Apartments (unincorporated Palm Beach County) and to the south by the Breezy Acres Subdivision (unincorporated Palm Beach County). The properties contain single family residences, each lot being approximately 0.83 acres. The following table provides the approval dates for each of the three water service agreements which gave consent for voluntary annexation and assessment of a storm water assessment fee. Parcel Descri tion Pro ert Control Number Pro e Owner' Name Date A roved of 5, Breezy Acres 00-42-46-14-01-000-0050 osen Eteshami and Parnia Eteshami December 20, 2001 of 6, Breezy Acres 00-42-46-14-01-000-0060 Michael Pacheco pri124, 2006 http://miweb00l I CouncilAgendaBluesheet.aspx?ItemID=3444&MeetinglD=263 7/2/2010 PLAZA J - Q~ O ~ P~ MARKETPLA CE ~ ~ o ~ OF 4 ~ ~ ~ DELRA Y # _ ? Q ~- 9ST >- ~ 1 ALLIANCE a~ ~ ~_ ~ ~ - o ` Gp +F ~ ~~' WESTERN UNlDN W EST A T L A N T I C - A V E N U E SUN BANK ~`~~ BABY DELRA Y ~`~ SUPERSTORE PLAZA PLAZA SCO s" ~ ~ Q ~~~~- ~ [c~T~ - ul - ~ - J a ° L~~"-~ Y ~ JEFFER50N ROAD z a a ~ ~ ~ ° z Y `u ~ ~ ~ ~ ~ U Q Z ~ J LINCOLN ROAD ESTATES DRIVE ADAMS ROAD WASHINGTON ROAD ~ O U7 0 ¢ ESTATES DRIVE MADISON o ~ ROAD ~,; N SUBJECT PROPERTY g R E EZY ACRE S , ~ ' -~ ~~ v, - ,3 LOTS w 5 6 7 , !'CANNING AND ZONING OD-42-48-14-01-OOO-oD5o , , DePA~T~n~N~ ao-42-4s-14-a1-oo0-oaso LOCATION MAP 00-42-46-14-01-000-0070 -- D/G/1AL @qSE AIAP SYST£iE! -- MAP REF: S:\PlonnEng do Zoning\DHMS\File-Cab\Z-LM 10D1-1500\LA~11189~roery Acros L.ota Page i of 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: June 29, 2010 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF JULY 6 201.{1 INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2010-1 ITEM BEFORE COMMISSION The action requested of the City Commission is initiation of Comprehensive Plan Amendment 2010-1. Pursuant to LDR Section 9.2.1, amendments to the Plan must be formally initiated by the City Commission. BACKGROUND By Florida State Statutes, the City is allowed to process two Comprehensive Plan amendments each year. This amendment represents the first amendment for the year 2010. The amendment includes two (2} city-initiated Future Land Use Map Amendments, nineteen. (19) city-initiated text amendments, one (1} privately-initiated Future Land Use Map Amendment and one (1} privately-initiated text amendment. A brief description of each item suggested for inclusion in the Plan Amendment is listed below: City-Initiated Future Land Use Map Amendments: City initiated Future Land Use Map amendment to assign a City Future Land Use Map designation concurrently with annexation of "The Marketplace of Delray", containing approximately 30.26 acres of property located at the northwest corner of West Atlantic Avenue and Military Trail. The current County Land Use Map designation is CH/$ {Commercial High with an underlying Residential of 8 units per acre} and the proposed City designation is GC (General Commercial). Future Land Use Map amendment to assign a City Future Land Use Map designation concurrently with annexation of Lots S -7 of the "Breezy Acres" subdivision, containing approximately 2.5 acres of properly located on the east side of Markland Lane, 491 feet south of West Atlantic Avenue. The current County Land Use Map designation is MR 5 (Medium Density Residential, S units per acre} and the proposed City designation is LD {Residential Low Density http:l/miweb0011CouncilAgenda/Bluesheet.aspx?ItemID-3439&MeetingID=263 7/2/2010 „ :° Page 3 of 4 operational feasibility and grant funding requirements necessary to provide shuttle service to meet and greet all trains at the station from FY09109 to FY10/11. Privately-Initiated Future Land Use Map Amendment: . Future Land Use Map amendment for the approximately 7.08 acre Lintco property located on the north side of Linton Boulevard, west of SW 4th Avenue, from MD (Residential Medium Density 5-12 du/acre) to GC {General Commercial). Privately -Initiated Text Amendments: . Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to identify specific uses and intensities {FARs) for development within a proposed overlay district for the Lintco property on the north side of Linton Boulevard, west of S W 4th Avenue. The tentative schedule for processing Plan Amendment 2010-1 if the State does not issue an ORC Report is as follows: June 1, 2010 Submittal Deadline June 21, 2010 Initiation b Plannin and Zonin Board Jul 6, 2010 Initiation b Ci Commission Jul 19, 2010 Plannin and Zonin Board Public Hearin Au st 3, 2010 Ci Commission Transmittal Public Hearin Se tember 9, 2010 Recei t o Com licence Letter - No ORC Re ort October 5, 2010 Ci Commission Ado lion November 29, 2010 DCA Notice o Intent December 20, 2010 E ective Date The tentative schedule for processing Plan Amendment 2010-1 if the State issues an ORC Report is as fOIIOWS: June 1, 2010 Submittal Deadline June 21, 2010 Initiation b Plannin and Zonin Board Jul 6, 2010 Initiation b Ci Commission Jul 19, 2010 Plannin and Zonin Board Public Hearin Au st 3, 2010 Ct Commission Transmittal Public Hearin October I1, 2010 Recei t of ORC Re ort November 15, 2010 P&ZAdo lion Hearin ORC Res onse December 7, 2010 Ci Commission Ado lion Januar 28, 2011 DCA Notice o Intent Februa 18, 2011 E ective Date REVIEW BY OTHERS http://miweb001lCouncilAgendalBluesheet.aspx?ItemID=3439&Meeting1D=263 712/2010 TRN -~ II CF a Q 7 J ~~ ~ - ~ r ^~. ~4 ~,i •i: o;; ~; ~,'_~ c' ,~ lam..... ~: wEST ATLANTIC •~- _ 'yk~_ ';' ~..4 ~~{~4. Ain ". '~ `~ ,'~n~';±~•~~~•~.` ~' .EFFER5aN RoM S z ~ r, o ~ 8 ~ ~ O ~ k1NCCLN RaAa OY BRFDY A V E =o® ~~ ~ r N ~~ FUTURE LAND USE MAP AMENDMENT MARKETPLACE AT DELRAY ';,~ _: - -- pLANNINC AND ZDNING DEPARTMENT ~ CHANGE FRGM COUNTY CH/$ (CDMMERCIAL HIGH WITH AN UNDERLYING RESEDENTIAL OF 8 UNITS PER ACRE) TO CITY GC (GENERAL COMMERCIAL) -'®~-- FOUR CORNERS AREA ~ n s l l ^ € € ~ n ~ n ~ CITY MUNICIPAL BOUNDARY -- DIGITAL Q45£ MAP SYSTEM -- MAP REF: 5:\Planning do Zoning\DBMS\File-Cab\Z-LM 1001--1506\LM7190_FLDM Amendment of Marketplace o[ Delray ~ J °a Q - TRAILS ° ~ Q END ~ a ~ ~~ ,~_ ~ PLAZA ~ G~ ~~r ~ GC ~ - s~ TRN K.F. C. CANAL _ 3 ..~ - _ "~'• ' } Y ' ~ t ~ . :.,_. y :~:~. .; ~~ _ ~; •- ,•F:•> r ~Fw, ~: p ^~.~~ nJ ~. t•• .ry. :zw .per `; id. :lr .Y ,` ~- n E 5 T A T L.A. N..T-.I 'A =a. ~"' -:' ~ ~~~ SUN :?,` ? `~' '++~~ ,~::_ ~,.'r....•: . ~•: ~ :~,~ HANK •~ :,s •'' ~'::::;~; ,:;, •'" ,t7El'R$~Y"' - : F.~ 'St1P('F~51:f71~~"•.: •~s ~Fs-L°AZt3,,:" ' :~' .~-;.::. t'`~ ~s~ o LC:7..,~ .4 : ~F:: - ~ ,.i~T-i; ZQ .r. 0I-T g5 B os a o ~~ ~ z~ y ~ Q Q ~ti ~`v A V E N U E ~ _;® ' ~ N FUTURE LAND USE MAP AMENDMENT BREEZY ACRES LOTS - 5,6,7 ' _-_ ~ ® k ~ / • PLANNIN ONING DEPARiMgJT Q CHRNGE FROM COUNiY MR-5 (MEDIUM RESIDENTIAL DENSITY, 5 UNITS PER ACRE) TO CITY LD (RESIDEN1IAL LOW OENSETY 0-5 DU/AC) Q FOUR CORNERS AREA ti i i to i i ~ ~ ~ to E i to f 3 r GlTY MUNICIPAL BOUNDARY -- DlGYIAL $95E AL4P SY57£ll1 -- iAAP REF S:\PEonning Lc Zoning\D8M5\Fte-Cab\Z-LM 100171590\LM7191~LUld Amendment of 9rnery Acres Leta ~~ 11 TH MD rxE GROVES ELLA 5T. FALL R1DGE MD OF DELRAY ~~ AVENUE / / ~ SOUTHRIDGE RO AD / ~ ~ w ~ z Q `~ GULF srREAM C ~ COMMERCIAL CENTRE ~ ¢o ~\ooE LINTON TRUSS ' ~~`~ L!N TON RIDGE CONDO COUNTY C~RC SANITATION ~~ ~ ff' O ~ ti r- ~! ~ SOUTHRIDGE `~ ~q= i~ ~ ; VILLAGE ~ ~ ~ COND D ~' OUTHRID to ~ __ _ CONDO LINT 0 N LINTON INTERNATIONAL PLAZA ~ 0 TCO LAVERS ~ a J GC LAKEVIEW APARTMENTS MD THE SECURITY SELF STORAGE CMR B O U L E V A R D DELRAY INDUSTRIAL PARK IND L1D WASTE ANSFER TA T10N G MILLER FIELD ONE LINTON BLVD. r/z~~ , ~~\y ~~__ °~ ,~ ~` PLANNING ANG ZONING FUTURE LAND USE MAP AMENDMENT LINTCO DEVEE_OPMENT , , nEPAR7MENT CHA / ) ( ) -- OJG/Ti4C Q4S,E Al~P SY51Z'ii / -- NGE FROM MO (RESIQENTIAL MERIUM RENSITY 5-12 RU ACRE TO GC GENERAL CDMMERCIAL MAP REF: 5:\Pianning do Toning\OBMS\Fle-Cu6\Z-LM 1000-150\Uif1192_F'LUA1 Amendment of Llntco Developmerrt Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, A1CP, Director of Planning and Zoning THROUGH: City Manager DATE: June 30, 2010 SUBJECT: AGENDA ITEM S.L. -REGULAR COMMISSION MEETING OF JULY 6 2010 ACCEPTANCE Off" A RIGHT-OF-WAY DEEDIMETS MANAGEMENT OF PALM BEACH, INC. ITEM BEFORE COMMISSION. The action requested of the City Commission is acceptance of aright-of--way deed associated with Cafe Mola located on the east side of N.E. 2"d Avenue, at 1b5 N.E. 2"~ Avenue. BACKGROUND At its meeting of January 27, 2010, Site Plan Review and Appearance Board (SPRAB} approved a Class 111 site plan modification, landscape plan, and architectural elevations associated with the conversion of an 824 sq. ft. commercial bay to restaurant, including a new kitchen, ADA compliant restrooms, (and sidewalk cafe dining area component at the front of the building with permit processed separately}. At its meeting of March 24, 2010, SPRAB approved a Class 1 site plan modification for the Cafe Mola Restaurant associated with the elimination of a loading area, installation of a required handicap parking space, and the installation of an additional standard parking space at the rear of the property .The site plan modif cation approval is subject to a condition that 2 feet be dedicated along the east property line. The right-of--way deed has been reviewed and approved by the City Attorney's Office for legal form and sufficiency. RECOMMENDATION By motion, accept the 2 foot right-of way deed associated with the Cafe Mola. C~ ' ~~-~ n. rreparecl by: xET~N: qty Atr©rney`s Office 200 N.W. 1st Avenue Delray Beach, Florida 33Q44 RTGH'~=~F-~AY_UEED THIS INDENTURE made this ~-~ day of ~~'' 2010, between Me#.s Managemen# of Palm Beach, Inc., with a ailing address of ~ `~ ~ J~ Z ~t~ ~~Q ,>? ~L- Iii ~~ ~. ,.~',~~'~~s party of the first. part and G`ITY OF DELI2AY BEAC~I, FLORIDA, a lvrida rriunicipal corporation with a mailing address of 7.00 N.W. 1 st Avenue, Delray Beach, Florida 33444, as party of the second part. 'WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other gaud and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Patin. Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right~af--way and easement in -and to said lands for public highway, street, sidewalk, and public utility purposes and is made, executed and delivered with the express understanding and condition. that should ~e same ever be discontinued or . abandan:ed as a public highway or street, the title to same shall thereupon revert to and revert in the party of the first part or assigns, That this right~of-way' shall be subject only to those easements, restrictions, and reservation of record. The party of the durst part agrees to provide for the release of any and all mortgages or liens encumbering this right of way. The party of the first part also agrees to erect no building or effect any other kind o£ eanstruction ar improvements upon the above-described property. - ' ~ .. + . -~.i~~~ ~~ ~~~ . ~ Cn - o ~ - ELI-~iBiT~~~~„ ,~ ~ ~`EET 1 OF l I, a H ioT 3 ~~ 2.tIU' 1 ~-~1a' N 83 I19'19" W ~ y p ~ © ~° Q ~ ~ ~'-~ ~ ~ ~ ~ ~ x ~ _ ~ ~ ~, ~€~ ~' ~ o ~ a m -~ ~ ~ ' c y • , ~ A x F-s ~ ~ I - Q ~ /y., SCALE: 1" -1II' f N 89 (19'13" W 1~:ti0Y . 2.t}~' ~ . ' m EGAL DESCRIPTION: OE1' OF THE NORTH 33.7t}' OF THE SOUTH THE EAST 2 __ Q . Q2.50' OF LflT 3, Blat}CK 83, PLAT 4F LINTON A SUBDIVISION AS RECORDED a ~ a ~ NKA DELRA.Y BEACH), IN PLAT BOOK ~, PAGE 3, IN THE PUBLIC RECORDS LOT 4 CAF PAAIaM BEACH CQ[7NTY, FLORIDA. .. . p NOTES: TI~:S IS NOT A SURVEY. 1 " ' r . E ~Q 2. EAST LINE OF LOT 3 IS ASSTJ~ED T4 BEAR N d 00 f" N1"RY EN~fNEER1NG & .. GE ISON A. ISTERED FLORIDA SUR~rEYOiz ~ LAN D SU RVEYN NG, iN~. MAPk~ER NO, 2~ s~ P.o. Box 83-201 No. 2322 B L ~RiDA . ~- H ~ D~LR . . ~~f J~~~ ~~ ~ 92~ ~ } ( l ©CO?Y~9~ 2009 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: June 22, 2010 SUBJECT: AGENDA ITEM S.M. -REGULAR COMMISSION MEETING OF JULY 6, 2010 REVISION TO THE NSP PLANIFLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ITEM BEFORE COMMISSION Staff requests approval to revise the Neighborhood Stabilization Program Plan budget to reallocate disposition line item funds to the acquisition line item at the request of the Florida Department of Community Affairs. Staff also requests approval to revise Chaptex III, Subsection 2.11 Change Orders. BACKGROUND The City of Delray Beach has received $1,905,005 under the Neighborhood Stabilization Pxagram (NSP) award through the Florida Department of Community Affairs by the U. S. Department of Housing (HUD) as a result of the Housing and Economic Recovery Act of 2008 (H.R. 3221). The NSP funding is far the purpose of purchasing foreclosed or abandoned homes for rehabilitation, resale or redevelopment in order to stabilize neighborhoods and stem the decline of home values. NSP funds are to benefit Low, Moderate and Middle Tncome Households (LMMI). LMMI households are defined as those with incomes less than one-hundred twenty percent (120%) of Area Median Income (AMI) as determined by HUD. The Florida Department of Community Affairs has requested the City of Delray budgeted funds to assist with the obligation of program dollars. By obligating funds, Beach could potentially be approved for additional NSP dollars. NSP Strategy I, Attachment A Acquisition $907,103 Disposition $ 74,400 NSP Strategy 5, Attach~nnent A Acquisition $981,503 Disposition $ 0.00 Beach reallocate the City of Delray http://miweb001/CouncilA~enda/Bluesheet.aspx?ItemID=3421 &MeetinglD=263 7/2/2010 STATE OF FLORIDA NEIGHBORHOOD STABILIZATION PROGRAM APPLICATION DUE DATE APRIL 6, 2009 NAME OF APPLICANT: CITY OF DELRAY BEACH FLORIDA DEPARTMENT OF COMML]N1 T Y AFFAIRS CDBG NEIGHBORHOOD STABILIZATION PROGRAM 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 850/487-3644 FAX SS0/922-5609 H. NEIGHBORHOOD STABILIZATION PLAN NARRATIVE DESCRIPTION Delray Beach is known worldwide as a first-class resort town; located in southern Palm. Beach County, directly on the Atlantic Ocean. The City offers the visitor a full range of amenities and, of course, the incomparable beauty of nearly two miles of well-groomed, easily accessible beach. Our local economic development efforts are centered on identifying companies that fulfill the needs of the residents of Delray Beach to create new jobs and/or can be supported by the many visitors that come to our city. The growth that Delray Beach has experienced has been due to a wide variety of factors, including its attractive downtown and beautiful beach. It has a look and feel that is hard to duplicate and has helped the city earn a reputation as the "place to live, work, and play." However, within recent months, noticeable deterioration of some of Delray Beach's neighborhoods has been brought to light. Areas which the City, CRA and countless residents have worked so hard to revitalize and stabilize are suddenly in jeopardy of decline due to the foreclosure and economic crisis. Residential neighborhoods throughout the City have been ranked as having high risk for abandonment and foreclosure. It is for this reason the City of Delray Beach respectfully submits this application for Neighborhood Stabilization Program funding, and has identified an NSP Area of Greatest Need to focus these efforts. The identified NSP Area of Greatest Need is comprised of ten census tracts, four of which make up the City's designated CDBG target area. All CDBG activities undertaken utilizing the City's entitlennent funds, take place within the census tracts 65.02, 67, 68.01 and 6$.02. 2000 Census income data reveals these census tracts are the areas of lowest per capita income, lowest median household income and lowest family income in the City. The majority of housing units located within these census tracts are single-family residences. 2000 Census data also indicates Census tracts 55.02, 67, 68.02 and 68.02 have the highest concentration of minority populations. Overall, Delray Beach's minority population makes up 34% of the City's entire population, with the CDBG target area having a minority population of 89%. During the last six months, the City's Neighborhood Planner has been highly engaged in meetings with neighborhood organizations within the NSP Area of Greatest Need. At a meeting with the Atlantic Park Gardens Home Owners Association (HOA), census tract 68.02, in November 2008, the Neighborhood Planner took note of an unusually high number of resident complaints pertaining to increased nuisances, observations of squatters and vagrants and an increase in neighborhood crime associated with the vacant units. As a result of these complaints, the City conducted a windshield survey of the NW and SW neighborhoods (67, 68.02 and 68.02), documenting 49 vacant or abandoned units. In addition, HOA meetings with the Osceola Park neighborhood {65.02) and a subsequent wind shield survey yielded similar results. According the data obtained on www.hud.gov, vacancy rates in the NSP Area of Greatest Need are projected to be currently in the range of 4% to 9.3%. However, as a result of local surveys in addition to heightened code enforcement in the area of nuisance abatement, these numbers are believed to be significantly higher. As noted by this data as well as the personal interaction of the City's Neighborhood Planner with residents and neighborhood organizations, abandoned and foreclosed units are affecting the quality of life in Delray Beach neighborhoods. The high number of foreclosed and abandoned units located within the CDBG Target Area is believed to be as a result of predatory lending practices. Predatory lending, most recently in the area of re-financing, ultimately strips borrowers of home equity, ruins their credit records, and increases the likelihood of foreclosure. HUD Data sets reveal that Census Tracts 65.01, 65.02, 69.03, 69.07, and 69.08 are currently experiencing the City's highest risk of abandonment due to pending foreclosures. Home prices in these areas have declined 16.3% from 2007 to 2008. It is assumed, based on national studies and the local statistics mentioned above, that differential treatment in the selling, and in re-financing property is prevalent among minority households in Delray Beach, thus creating a higher concentration of foreclosed and abandoned homes in these areas specifically. NSP Strategy 1: Housing AcquisitionlRehabiIitation of Homes for Sale to Households with Incomes Less than 120% of Area Median Income (AMI) Overall Description: The purpose of this strategy is to stabilize the Delray Beach's areas of greatest need by providing a means for the acquisition, rehabilitation, and resale of residential units which are presently vacant and bank owned (REO). The City will work with banks to acquire residential units that have been foreclosed and abandoned within the designated NSP Area of Greatest Need. Units will be sold to households whose income does not exceed 120% of AMI. Detailed Process: Under this strategy the City will contract with a real estate professional to identify available REO units within the designated Area of Greatest Need. Upon identifying viable units, the City will contract with a qualified housing rehabilitation inspector to conduct an initial assessment of identified units (Phase 1 Inspection). Based on the phase 1 inspection and listed sales price of the unit, the real estate professional, in partnership with the Program Administrator will assess the purchase and resale feasibility of each unit. Feasibility assessments will include an evaluation of the whether the unit can be acquired, rehabilitated and sold within the NSP budget set forth. In addition, the Program Administrator and real estate professional will assess the re-sale appeal of the house and whether or not the unit can be sold at an affordable sales price. Upon purchasing a unit, the qualified housing rehab inspector will complete a detailed work write-up {Phase 2 Inspection) for work to be completed as part of the housing rehab project. The City's Neighborhood Services Division staff will administer the bid process and award a contract to the lowest, most responsive bidder for the project. In the case of the Atlantic High School Construction Academy or Habitat for Humanity, the City will potentially award projects(s) to be rehabilitated at reduced rates, at the cost of materials or in-kind etc. The City's in-house Housing Rehabilitation Inspector will oversee the work for all units being rehabilitated. Upon completion of .the housing rehabilitation project, the City will list all properties on its website, www.MyDelrayBeach.com. Prior to disposing of any housing units, the City will also advertise the availability of units and available subsidy in the Boca/Delray News. Local non-profit partners will conduct the income-qualification process (ensuring all buyers are LMMH) and submit all income-qualified candidates to the City Neighborhood Services staff for review. Upon review of the income-qualif ed applicants, the units will be sold on a first come, first ready, first served basis. A minimum of eight {S) units are expected to be completed under this process {at least two (2) 51-SO% AMI and up to six (6) 81%-120% AMI). Based on discussions with local non-profit partners, these groups were identified as having the financial prof le (credit scores and income eligibility) of applicant files currently in the homebuyer pipeline with local agencies. NSP Strategy 5: Housing AcquisitianlRehabilitation of Homes for Lease to Households with Incomes Less than 50% of AMI Overall Description: The purpose of this strategy is to turn foreclosed residential properties into decent, safe, affordable rental housing for households at or below SO% of AMI. The City proposes to acquire and rehabilitate single family housing units within the designated NSP area of greatest need. Units will be donated to anon-profit or governmental agency for the purpose of renting units to households whose income does not exceed 50% of AMI. Detailed Process: Under this strategy the City will contract with a real estate professional to identify available REO units within the designated Area of Greatest Need. Upon identifying viable units, the City will contract with a qualified housing rehabilitation inspector to conduct an initial assessment of identified units (Phase 1 Inspection}. Based on the phase 1 inspection and listed sales price of the unit, the real estate professional, in partnership with the Program Administrator will assess the purchase and resale feasibility of each unit. Feasibility assessments will include an evaluation of the whether the unit can be acquired, rehabilitated and sold within the NSP budget set forth. In addition, the Program Administrator and real estate professional will assess the re-sale appeal of the house and whether or not the unit can be sold at an affordable sales price. III. NSP STRATEGIES NSP STRATEGY 1: HOUSING ACQUISITIONIREHABILITATION OF HOMES FOR SALE TO INDIVIDUALS AND FAMILIES WITH INCOMES LESS THAN 120 PERCENT OF AMI Description: The purpose of this NSP strategy is to stabilize neighborhoods of greatest need by providing a means for the acquisition, rehabilitation, renovation, and subsequent provision of homes and other foreclosed or abandoned residential properties to individuals and families whose income does not exceed 120 percent of the area median income. NSP sub-grantees will be required to work with lenders to acquire homes that have been foreclosed within the areas designated as having the greatest need. Indicate which activities you plan to undertake with NSP andlor other funding: x_24 CFR 570.201(a) Acquisition _x_24 CFR 570.201{b} Disposition 24 CFT 570.201(e) Public Services for housing counseling 24 Cl?R 570.201{i} Relocation _x_24 CFR 570.201{n} Homeownership Assistance _x 24 CFR 570.202{a) Rehabilitation Total NSP Budget for NSP Strategy: $1,351,043 Other Funds to Be Committed for NSP Strategy: $400,000 (These funds are expected, however not guaranteed} NSP Target Area and Justification: Upon reviewing data sets obtained on www.hud.gov, it became apparent that areas presently at risk of increased abandonment and foreclosure encompass much of the jurisdiction. Specific areas have been identified as having the greater risk of decline for a variety of reasons and contributing factors. In the NW and SW neighborhood it is believed to be due in part to predatory lending practices. In the NE neighborhood, it is believed that speculators and investors contributed to the problem. In senior communities, it is believed that the recent economic downturn has greatly affected the seasonal residents of Delray Beach. It is important to note that the NSP Area of Greatest Need encompasses the CDBG target area as well as a large portion of the CRA District. The City, CRA, Delray Beach Community Land Trust (CLT), Housing Authority and Delray Beach Community Development Corporation (CDC) have concentrated efforts in these areas over the past IS years. More than 400 housing units in this area have been subsidized far either new construction or rehabilitation of owner occupied units through CDBG, SH1P and the CRA in an effort to provide safe, decent affordable housing to Delray Beach residents. As part of the their commitment to continually improving this area, the CRA has agreed to commit up to $400,000 in additional funding to further NSP objectives. The NSP Area of Greatest Need encompasses the City's SW Neighbarhood (68.01, 68.02). The Southwest Area Neighborhood Redevelopment Plan was initiated as part of an on-going effort by community leaders and the City of Delray Beach to revitalize the City's neighborhoods and commercial districts and is heavily supported by the CRA (committing an additional $10 million to meet the objectives of the plan over the next 5 years). The plan seeks to identify care strengths and assets that will move the Southwest neighborhoods towards stability and stimulate private sector investment in the area. The plan links housing development and economic development efforts to create positive synergy and take advantage of current development opportunities centered on the West Atlantic Avenue business district. The City arrived at its budget based on preliminary data on available housing stock believed to be in the process of foreclosure or that are currently bank owned, as well as the City's experience with housing rehabilitation activities. The City has experienced staff as an entitlement City (since 1986) under CDBG as well as in administering SHIP HHR and DRl funds. Tenured staff ranging from 3-21 years experience, documents the City's ability to delivery City of Delray Beach NSP Areas of Greatest Need LISPS Tract Block Area Description Risk HNIDI Vacancy Group Score Rate NW Section Lake Ida Road to Atlantic Ave. 0067.00 1,2 from C.S.X. Railroad to Swinton Ave. 10 44.30% 4.74% South Section SW 10th Street to Linton from 0068.01 1,2,3 C.S.X. Railroad to F.E.C. Railroad 10 47.70% 3.90% SW Section Atlantic Avenue to SW 10th 006$.02 1,2,3 Street from SW 8th Avenue to Swinton Ave. 10 52.10% 4.30% Gulfstream Blvd/George Bush Blvd from Seacrest Blvd, to US Hwy 1 0065.01 1,2 & Geor e Bush Blvd. to /SE 4th Street 9 25.30% 4.90% 0465.02 1 George Bush Blvd to NE 4~' Street from 9 NE 4th Street to NE 2nd Street from 0065.02 2 Swinton Avenue to SE 6th Avenue 9 NE 2nd Street to SE 2nd Street from 0065.02 3 Swinton Avenue to SE 6th Avenue 9 2190% 9.30% Canal L-30 to Canal L-32 from 0066.04 1, 2 South Milit Trail to Canal L-31 9 44.00% 2.8% _ 13ai~~-ick Road to Da~~is'~;Road j `0066.05 1.2,3 ' C~ailal L-30 to C~~-ial L3'? 8 ?5.£"~n 3.7: Canal L-32 to Atlantic Avenue from 0469.03 1 Hi Point Blvd to C.S.X. Railroad 9 Canal L-32 to Atlantic Avenue from 0069.03 2 Hi h Point Blvd 9 High Point Blvd West to Atlantic Avenue 0469.43 3 from Barwick Road to Hi Point Blvd South 9 Canal L-32 to South Drive from 0069.03 4 Barwick Road to Hi h Point Drive West 9 25.80% 6.00% Atlantic Avenue to Lowson Blvd from 4069.47 1 Homewood Blvd to C.S.X. Railroad 9 Atlantic Avenue to Lowson Blvd from 0069.07 2 Milit Trail to Homewood Blvd. 9 21.20% 5.40% Lowson Blvd to Canal L-36 from 0069.08 1 Canal E-4 t C.S.X. Railroad 9 Lowson Blvd to Canal L-36 from 0069.08 2 Homewood Blvd to Canal E-4 9 Lowson Blvd to Canal L-36 from 0069.08 3 Dover Road to Homewood Blvd 9 Lowson Blvd to Canal L-36 from 0469.08 4 Milit Trail to Dover Road 9 25.20% 8.90% 9 NSP STRATEGY 2: HOUSING FINANCE Description: The purpose of this NSP strategy is to improve access to mortgage capital on flexible terms, maintain occupancy of foreclosed homes, facilitate property renovation, and help individuals and families access responsible credit and financing to promote homeownership by promoting long-term affordability. Indicate which activities you plan to undertake with NSP andlor other funding: 24 CFR 57U.2,06(g) Administrative expenses to facilitate housing 24 CFR 570.201(n} Homeownership Assistance Total NSP Budget for NSP strategy: $ Other Funds to Be Committed for NSP Strategy: $ NSP Target Area and Justification: Include as much detail as you can about the NSP target area(s) and provide justification of need (estimated number of foreclosed homes, vacant homes, etc.). NSF Target Area (city, neighborhood, etc.} Justifcation (estimated number of foreclosures, etc.}: Potential Nonprofit or For- profit Subrecipients {including property management companies): Potential Lending Partners (if known): 11 NSP STRATEGY 3: ESTABLISA~NG LAND BANKS Description: The purpose of this NSP strategy is to bring abandoned property back Into productive use, generating tax revenue, raising property values and creating community amenities such as affordable housing and green space. For the purposes of the NSP program, a land bank will operate in a specific, defined geographic area and will purchase properties that have been abandoned or foreclosed upon and will n~aaintain, assemble, facilitate redevelopment of, market, and dispose of the land-banked properties. Indicate which activities you plan to undertake with NSP and/or other funding: 24 CFR 570.201(a) Acquisition 24 CFR 570.201(b) Disposition Total NSP Budget for NSP Strategy: $ Other Funds to Be Committed for NSP Strategy: $ The Department will limit the overall percentage of regular funding {excluded the funds set aside for rental housing for households at or below SO percent AMI) that can be used for land banking to 10 percent. NSP Target Area and Justification: Include as much detail as you can about the NSP target areas} and provide just cation of need (estimated number of foreclosed homes, vacant homes, etc.}. NSP Target Area (city, neighborhood, etc.} Justification (estimated number of foreclosures, etc.}. Aland bank disposition plan must be provided if you intend to spend NSP funds on land banking. Potential Nonprofit or For- profit Subrecipients (including property management companies}: 1~ NSP STRATEGY 4: DEMOLITION AND CLEARANCEI HOITSING REDEVELOPMENT Description: The purpose of this NSP strategy is to turn vacant or blighted properties into productive use that will help stabilize a neighborhood which has been negatively impacted by foreclosures. Indicate which activities you plan to undertake with NSP and/or other funding: 24 CFR 570.201(x) Acquisition 24 CFR 570.201{b) Disposition 24 CFR 570.201(d) Clearance and Remediation (including housing replacement or new construction} 24 CFR 570.201(n) Homeownership Assistance 24 CFR 570.201(0) Counseling Total NSP Budget for NSP Strategy: $ Funds for this activity cannot exceed five percent of the regular allocation {excluding the set-aside far rental housing). Other Funds to Be Committed for NSP Strategy: $ NSP Target Area and Justification: Include as much detail as you can about the NSP target area(s) and provide justifcation of need (estimated number of foreclosed homes, vacant homes, etc.). NSP Target Area (city, neighborhood, etc.) Justification {estimated number of foreclosures, etc.}: Potential Nonprofit or For- profit Subrecipients (including property management companies): 15 NSP STRATEGY 5: ROUSING ACQUISITIONIREHABILITATION OF HOMES FOR LEASE TO INDIVIDUALS AND FAMILIES WITH INCOMES LESS THAN 120 PERCENT OF AMI. FUNDS FOR THIS NSP STRATEGY MUST INCLUDE ALL OF THE SUPPLEMENTAL FUNDING, BUT MAY ALSO INCLUDE THE REGULAR STATE ALLOCATION. Description: The purpose of this NSP strategy is to turn foreclosed or abandoned properties into decent, safe and affordable housing for low, moderate and middle income individuals and families. This form must reflect the 25 percent set-aside for rental housing far households at or below 50 percent of AMI as well as for rental housing funded from the regular alloca'on that meets the income requirement. Indicate which activities you plan to undertake with NSP and/or other funding: _x_24 CFR 570.201{a) Acquisition _x_24 CFR 570.202{a} Rehabilitation x 24 CFR 570.201{b} Disposition ~24 CFR 570.201(1) Relocation Total NSP Budget for NSP Strategy: $553,962 Total NSP Budget far activities #hat will benefit persons at or below 50 percent of AMI: $553,962 Other Funds to Be Committed for NSP Strategy: $0 NSP Target Area and Justification: Upon reviewing data sets obtained on www.hud.gov, it became apparent that areas presently at risk of increased abandonment and foreclosure encompass much of the jurisdiction. Specific areas have been identified as having the greater risk of decline for a variety of reasons and contributing factors. In the NW and SW neighborhood it is believed to be due in part to predatory lending practices. In the NE neighborhood, it is believed that speculators and investors contributed to the problem. In senior communities, it is believed that the recent economic downturn has greatly affected the seasonal residents of Delray Beach. When the City conducted its most recent Analysis of Impediments to b'air Housing Choice {Al} in early 2009, it was noted that there is a lack of adequate affordable rental choices to support low income renters as evidenced by the Delray Beach Housing Authority's waiting list. There are 600 families presently on the City of Delray Beach Housing Choice Voucher waiting list. The list is closed and remains closed to new applications until it decreases to fewer than 200 families. Families generally wait for four to five years before they receive housing assistance. Recent demolition of the Carver Estates housing complex has removed affordable housing units for extremely low income households. The City will pursue NSP strategy 5 in an effort to provide additional rental units to low income households. The NSP program requires that funds be used to address foreclosure and abandonment in the areas of greatest need. Determinant factors used in assessing areas of greatest need were: ^ Highest percentage of homes financed by sub-prime mortgage related loans ^ Identified as having the greatest risk for rising rate of home foreclosures /risk of abandonment ^ Vacancy rates, as determined by the United States Postal Service The City used IIUD Local Level Data to determine its area of greatest need. The following table is based on data derived from www.hud.gQ~. The data has been extrapolated to capture only the areas of greatest need and the data from which this determination was based, It is important to note that all of the census tracts included have an abandonment risk score of 9 or 10. 17 NSP Target Area {city, neighborhood, etc.) City of Delray Beach -NSP Area of Greatest Need {refer to chart on page 8). Justification (estimated City of Delray Beach -NSP Area of Greatest Need {refer to chart on page 8}. number of foreclosures, etc.}: Potential Nonprofit or Far- Delray Beach Housing Authority, Habitat for Humanity profit Subrecipients (including properly many ement com anies}: Potential Lending Partners (if known): NIA Potential Counseling .Agencies (if known): NIA Timeline: Please provide a tentative timeline for the following steps: Activity Tentative Start Dates Identification of units for acquisition April 15, 2049 Appraisal of units June 1, 2009 Negotiation of price at closing June 1, 2009 Rehabilitation of units (if needed) Tune 1, 2009 Closing October 1, 2009 Performance Measures: All activities funded with State NSP funds must meet one or more of the following performance measures: Enter estimated number of units that will benefit each income level: # benefiting SO% AMI and below (this amount must correspond to the rental set-aside allocation) 51-80% AMI 81-120% AMT estimated units of housin to be ac aired 3 --- --- estimated units of housin to be rehabilitated 3 --- --- estimated units of housin to be demolished 0 --- --- estimated units of housin to be rented 3 --- --- estimated arcel(s) to be ac aired 0 --- --- Unmet Need: Please describe any unmet need that you wish to be taken into consideration should recaptured funds from another grantee or program income be made available. NSP Strategy Approximate $ Amount Needed The City recognizes an unmet need in the area of affordable rental housing $SS0,000 (particularly for families). Additional funds would allow Delray Beach to expand its inventory of affordable rental single family housing units. I9 N. ASSURANCES, CERTIFICATIONS AND SIGNATURE I, the undersigned chief elected official or authorized representative of the Applicant, certify that this Application has been approved by the local governing body and that the Applicant will comply with the following certifications and assurances as well as applicable federal and state requirements in the administration of any award that is made. l .Affirmatively furthering fair housing. The Applicant certifies that it will affirmatively further fair housing, which means that it will conduct an analysis to identify impediments to fair housing choice within the jurisdiction, take appropriate actions to overcame the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. 2. Anti-lobbying. The Applicant must submit a certification with regard to compliance with restrictions on lobbying required by 24 CI R part 87, together with disclosure farms, if required by that part. 3. Authority of Applicant. The Applicant certifies that the consolidated plan is authorized under state and local law (as applicable) and that the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations and other program requirements. 4. Acquisition and relocation. The Applicant certifies that it will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR part 24, except as those provisions are modified by the notice for the NSP program published by HUD. An Anti-Displacement and Relocation Plan has been adopted (or will be adopted prior to the expenditure of funds) and displacement of persons will be minimized. 5. Section 3. The Applicant certifies that it will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), and implementing regulations at 24 CER part 135. 6. Citizen participation. The Applicant certifies that it is in full compliance and following a detailed citizen participation plan that satisfies the requirements of Sections 24 CFR 91.1 OS or 91.1 i 5, as modified by federal and state NSP requirements. 7. Use of funds. The Applicant certifies that it will comply with Title III of Division B of the Housing and Economic Recovery Act of 2008 by using all of its grant funds within 18 months of receipt of the grant. 8. The Applicant certifies: a. that all of the NSP funds made available to it will be used with respect to individuals and families whose incomes do not exceed 120 percent of area median income; and b. The Applicant will not attempt to recover any capital costs of public improvements assisted with NSP funds, including Section 108 loan guaranteed funds, by assessing any amount against properties owned and occupied by persons of low- and moderate-income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if NSP funds are used to pay the proportion of a fee or assessment attributable to the capital costs of public improvements (assisted in part with NSP funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than NSP funds. In addition, with respect to properties owned and occupied by moderate income (but not low-income) families, an assessment or charge may be made against the property with respect to the public improvements fmanced by a source other than NSP funds if the Applicant certifies that it lacks NSP funds to cover the assessment. 9. Excessive force. The Applicant certifies that it has adapted and is enforcing: a. 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"fi~.y C6 [~) ..-~ ~ O ~ Q" ~ ~ ~ O Q ~ U ~ ~ . ~ N O U ~ ~~ ~ Q ~ ~--i z ~ .t_; 0. ~ Y d ~ 3~ ~1 ,~ ~ . ~ o ~~ H Z ~ ~ ~ H on ~ ~ U r~i, ~ o o ~ H~ ~~~ ~.~. ~ ~ ~ ~ ~ ~ •°.' o .~ ~ ~ n.. ~ ~ '~ ~ ~ x ~H~ .9 rj 4-K ~ O ~ a.~ .U ~ U '~ .r ~ ~'' ~ h ~ O ,=-~ ~", U 4-i _ ++ • ~ ~ .,V.~ ~ i-+ Rr O ~ '~ ~ c~ Y ~ ? O ~ ~ 4-a Le c~tl ~ ~ U 3-. O vi N ~ ~ ~ O +~ ~ ~ O ct3 ~ •~, U ~ O U .--i N ~ ~ O ~ L~ Gp cti" ~~ City of Delray Beach - NSP Housing Assistance Plan t ~ ~,t E. '~° ~~ ~,~<< ,~ ~ +' E~~-' .... Neighborhood Stabilization Program HOUSING ASSISTANCE PLAN Rev 3~. (5111110) Prepared By: The City of Delray Beach Community Improvezuent Department Neighborhood Services Division 100 NW lsk Avenue Delray Beach, FL 33444 Lula Butler, Director of Community Irriprovement P. Nigel Roberts, Neighborhood Services Administrator .rii.~at C P..i..'.,'~ 1~ - ___. ,.-.___.:._~y ~. ,~; ,, ~,, ~'f s IN THE ~o~ Page 1 0# 23 City of Delray Beach - NSP Housing Assistance Plan I. Program Description A. Purpose The purpose of the Neighborhood Stabilization Program is to improve the condition of Delray Beach's neighborhoods which are presently in jeopardy of decline due to rising foreclosure. The program is designed to address foreclosed properties within Delray Beach's Area of Greatest Need. This Housing Assistance Plan shall serve as the framework for implementation of all strategies and eligible activities under the City of Delray Beach's Neighborhood Stabilization Program. B. Areas o~ Greatest Need 1. The NSP program requires that funds be used to address foreclosure and abandonment in the areas of greatest need. Determinant factors in assessing areas of greatest need are: ^ Identified as having the greatest risk fox rising rate of home foreclosures /risk of abandonment ^ Highest percentage of homes financed by sub-prime mortgage related loans ^ Vacancy rates, as determined by the United States Postal Service The City of Delray Beach used HUD Local Level Data to determine its area of greatest need. Table 2.1 is based on data derived from www.hud.gov. The data has been extrapolated to capture only the areas of greatest need and the data from which this determination was based. Complete data sets can be found at http://www.huduser.org/datasets/nsp foreclosure data.html Page 3 of 23 City of Delray Beach -NSP Housing Assistance Plan City of Delray Seach Areas of Greatest Need Map C. Citizen Participation Public input for this Housing Assistance Plan was obtained through face to face meetings with local non-profit housing providers, social service providers and representatives from neighborhood associations and the general public. A Public Hearing was held on Monday, March 1b, 2009 at 6:00 PM in conjunction with the meeting of the Neighborhood Advisory Council (NAC} who will, for the purpose of this application, serve as the Citizens Advisory Task Force {GATE}. The Public Hearing was advertised 5 days prior in the Palm Beach Post. A period of 15 days following the public hearing was allowed for public comment period {ending on March 31}prior to submission of application to DCA. The City of Delray Beach shall meet the requirements of the Citizen Participation adopted by the Florida Department of Community Affairs. D. Citizen Advisory Task Force (CATF) The City of Delray Beach Neighborhood Advisory Council (NAG) shall serve as the Citizens Advisory Task Force (CATF} for the purposes of the NSP Program. The NAC is appointed by the City Commission. Its purpose is to serve as the liaison between neighborhood associations and the City to help to improve the overall condition and livability of neighborhoods. All members of the NAC reside within the City of Delray Beach city limits, 7 of the NAC's 14 members live within the areas of greatest need. E. Conflict of Interest Pursuant to 24 CFR Section 570.489 and Chapter 112.311-112.3143, Florida Statutes, the City shall address conflicts of interest by: 1. Identifying potential conflicts of interest (contractors as well as beneficiaries}; 2. Placing each NSP award as an item on the City Commission agenda in an effort to notify nnembers of the Commission of the names of the beneficiaries selected to ensure that potential conflicts of interest are timely addressed. 3. Acknowledging by name in the minutes of the Citizens Advisory Task Force and commission/council meetings so that previously unknown conflicts may be surfaced; 4. Making those conflicts publicly known along with the final rankings based on the criteria outlined in the local government`s housing assistance plan; 5. Dealing with those conflicts on a local level; and 6. Requesting waivers of those conflicts when appropriate. F. Leveraging The Community Redevelopment Agency {CRA} has agreed to leverage $400,000 in funding toward NSP strategies. Projects funded under CRA are to be carried out within census tracts that are located within the CRA District and in areas of greatest need. Page 5 of 23 City of Delray Beach -NSP Housing Assistance Plan IL NSP Strategies NSP Strate 1: Housin Ac uisition/Rehabilitation of Homes fax Sale to Households with Incomes Less than 120% of Area Median Income (AMI) Description: The purpose of this strategy is to stabilize the Delray Beach's areas of greatest need by providing a means for the acquisition, rehabilitation, and resale of residential units which are presently bank owned (REO). The City will work with banks to acquire residential units that have been foreclosed and abandoned within the areas of greatest need (as defined in Section I, part B of this plan). Units will be sold to households whose income does not exceed 120% of AMI. CDSG Eligible Activities to be undertaken as part of NSP Strategy 1: Ac uisition 24 CFR 570.201 a Dis osition 24 CFR 570.201 b Homeownershi Assistance 24 CFR 570.201 n Rehabilitation 24 CFR 570.202 (a) NSP Strategy 2: Housing Acauisition/Rehabilitation of Homes for Lease to Households with Incomes Less than 50% of AMI The purpose of this strategy is to turn foreclosed residential properties into decent, safe, affordable rental housing for households at or below 50% of AMI. The City proposes to acquire and rehabilitate single family housing units within the designated NSP area of greatest need. Units will be donated to a non-profit or governmental agency for the purpose of renting units to households whose income does not exceed 50% of AMI. CDBG Eligible Activities to be undertaken as part of NSP Strateiy 3: Ac uisition 24CFR 570.201 a Dis osition 24 CFR 570.201 b Rehabilitation 24 CFR 570.202 (a) Page 7 of 23 City of Delray Beach -NSP Housing Assistance Plan shall include but not be limited to: identification of potential units to acquire, initial on-site inspection of units, estimated probability of re-sale, title search, and negotiation with bankslowners of identified properties, working with Title Company to prepare for closing. 1.4.3 Housing Inspector The City may contxact with a qualified housing inspector to perform initial inspections prior to acquisition of any housing unit for the purposes of NSP. Initial inspection will include a preliminary work write up to estimate rehabilitation costs. The qualif ed housing rehab inspector shall monitor the progress of the work to ensure that is being completed in accordance with specifications. All units must comply with Housing Rehab Standards (see Sec 2.2). 1.5 Tirneframe REO properties purchased under this activity are required to be made available for resale to LMMI eligible applicants within 45 days from completion of rehabilitation (date of Certificate of Occupancy or Certificate of Completion) and no mare than ten months after property acquisition. 1.6 Appraisals Appraisals will be conducted individually and are to be ordered once during initial purchase analysis 1 6D days of f nal offer and again upon resale. Appraiser must be state licensed or certified in good standing with the State of Florida. City will solicit services from multiple appraisers and rotate use of services on an as needed basis using a vendor list. Current market appraised value is defined as the value of a foreclosed upon home or residential property that is established through an appraisal made in conformity with the appraisal requirements of the URA at 49 CFR 24.103 and completed within sixty (b0) days prior to making a final offer. 1.7 Negotiating with Banks In addition to soliciting banks via newspaper advertisement, owners of REO properties will be contacted directly by the City or City representative. The City or its representative will negotiate directly with banks. 1.$ Environmental Assessments The City will comply with all of the eYVironmental requirements of 24 CFR Part 58. A statutory checklist in accordance with CFR 58.5 will be prepared and included in project file. No compliance action, the project reverts to exempt status as per 58.34(a) (12)." Page 9 of 23 City of Delray Beach -NSP Housing Assistance Plan 2. Housing Rehabilitation 24 CFR 570.202 (a) 2.1 Summary of Activity This activity will provide funds io finance the rehabilitation of publicly owned buildings and improvements for residential purposes. All properties rehabbed under this activity will be transferred for the purpose of affordable housing to benefit LMMI households for homeownership or rental. 2.2 Rehabilitation Standards The City of Delray Beach `Rehabilitation Standards' is attached to this Housing .Assistance plan as Attachment A. All properties acquired under this program will meet the attached standards prior to occupancy by buyer or tenant. Upon completion, the housing unit will meet all of the following standards: 1. HUD Section 8 Housing Quality Standards (24CFR982.401) 2. Local zoning ordinances 3. State of Florida Building Code 4. Local building code 5. Modern, green building and energy-efficiency improvements 6. Florida Energy Efficiency Code for Building Construction (Newly Constructed Housing} 7. Accessibility requirements of 24 CFR Part 8, 24 CFR100.201, and 24 CFR100.205 8. For manufactured housing, 24 CFR Part 3280 (Preempts state and local codes covering the same for manufactured housing) Prior to initiation of housing rehabilitation, the Housing Rehab Inspector shall determine if the property on which the unit is located meets other appropriate local codes (i.e., nuisance, trash, and other environmental or health codes), by conduction on-site inspections and researching existing code violations. 2.3 Work Write Up Neighborhood Services staff or a contracted qualified housing inspector will prepare a detailed work write-up specifying the improvements needed to bring the unit into NSP Rehabilitation Standards. This work write-up may require further detailed inspection and may include consultation with the building inspections division. The work write-up will consist of a detailed description of all repairs needed for the unit and a confidential estimate of the associated costs. Specifications will include energy conservation or energy production measures proposed far the structure, and lead based paint inspection and any necessary abatement. 2.4 Soliciting Qualified Contractors for Contractor List Newspaper advertisement will be published at least once annually to recruit interested area contractors. Additionally, public notice will be posted in City Hall at least every 120 days. Bidders list is open to any licensed (by the State of Page 11 of 23 City of Delray Beach -NSP Housing Assistance Plan 2.14 Payments All contract payments shall be made by the City directly to the General Contractor. Contractor will submit required pay request forms which will require Department Head approval, prior to issuance of payment. Progress payments may be received prior to contract completion, but progress payments will be subject to a 10% retention requirement and payments shall not exceed 75% of the total contract prior to contract close-out. Payment request forms will be processed by timely submissions and the City will review and approve all work. 2.11 Change Orders Changes in work that may become necessary during construction will be negotiated by the Neighborhood Services staff and approved in accordance with City bidding/purchasing policies. The General Contractor shall make no changes in the work nor seek payment for changed or additional work without prior issuance of a written change order. The Contractor shall agree in his or her bid and subsequent contract, that any change orders for rehabilitation or reconstruction of housing units which cumulatively exceed fve percent (5%~~•°~ tl..,.,,~.,,,.~ a~"~~~ t~y,nnn~ above the original contract amount, shall only be paid with NSP funds if those change orders are to correct documented code violations based on a bonafide code violation report or to meet Section 8 Housing Quality Standards. The Contractor shall agree in his or her bid and contract that all change orders for NSP housing rehabilitation or reconstruction shall be approved by the contractor and a representative of the local government prior to any initiation of additional work based on that change order. 2.12 Final Inspections/Project Closeout Upon completion of the work, a final inspection will be performed by the Neighborhood Services staff and the City building inspections division to ensure that all work complies with the contract and building code. The building inspector will provide written acknowledgement that the property meets local code and section 8 housing quality standards and that acknowledgement shall be signed and dated for each case. The General Contractor shall submit a f nal pay request which shall include a statement of all the items on the initial work write up as modified through approved change orders have been completed. In addition the Contractor shall submit warranty documents including Owner's Certification of Completion and Compliance, City of Delray Beach Certificate of Release and Wazxanty for Rehabilitation. Following receipt of required documents and approval of work, the Neighborhood Services Administrator will authorize final payment. Prior to listing the property for resale it must meet all applicable building codes. Deficiencies must be corrected prior to the purchase transaction. Page 13 of 23 City of Delray Beach -NSP Housing Assistance Plan 3. Disposition 24 CFR 5T0.201 (b) 3.~ Summary of Activity Disposition, through sale, donation, or otherwise, of residential units acquired with NSP funds or reasonable costs of temporarily managing such properties. All properties under this activity will be transferred for the purpose of affordable housing to benefit LMMI households. Ali dispositions of property under this program shall be made subject to contractual conditions and/or covenants insuring the continuing use of the property for purposes consistent with NSP program objectives. 3.2 Disposition of Rental Properties 3.2.1. Donation of Rental Properties Properties acquired and rehabbed for the purpose of rental housing under the NSP Program shall be donated to an eligible non-profit organization. Anon-amortizing 20 year deferred payment loan and land use restriction agreement shall be required for rental projects donated to anon-profit organizatioY/governmental agency. 3.2.2 Selection of Non-Profit Partner Non-profit organization shall be selected via the City's Request for Proposal (RFP) process and must meet the following selection criteria: Governmental Agency whose purpose is to further affordable rental housing or designated 501(c)(3)nnn-profit organization under IRS guidelines whose purpose is to further affordable rental housing; Legally operating within the jurisdiction of the City of Delray Beach; Has demonstrated track record and at least five (5) years experience in the management of affordable rental housing. 3.2.3 Land Use Restriction Upon selection of non-profit partner, the City will donate NSP rental properties with a covenant on the land and unit (per 24 CFR 42.252 (e), requiring that it be maintained as an affordable rental unit far tenants at ox below 50% of AMI for a period of twenty (20) years. 3.2.4 Affordable Rents Units will be rented for rates defined as the Fair Market Rents (FMR) as published annually by HUD. Individuals or households who wish to occupy NSP Rental Units must apply directly to the designated non-profit partner. The City will designate staff to Page 15 of 23 City of Delray Beach -NSP Housing Assistance Plan properties are added and others deleted and this list will be made available to all interested parties by posting on the City's website, www.MyDelrayBeach.com. 3.5 Qualifying Potential Homebuyer A. Counseling Requirements Homebuyers purchasing NSP assisted housing must complete 8 hours of home buyer counseling from a HUD approved agency. Certificate of Completion for each homebuyer shall be maintained in client file. Counseling must be classroom style, individual (oue on oue} yr a combination of both formats. B. Loan Requirements Homebuyers must obtain a conventional or FHA 30 or 15 year fixed rate mortgage. C. Income Requirements All homebuyers applying for assistance under this program must meet the income eligibility guidelines as defined in 24 CFR 570.3. D. Ranking /Waiting List Applicants will be selected on a first come, first ready basis. No priority shall be given to any extenuating circumstances. 3.6 Sale to Homebuyer City Attorney's office will work in conjunction with Title Company of the City's choosing for all closings. 3.7 Environmental Review Disposition is categorically excluded subject to Sec. 58.5: 3.8 Disposition Costs Eligible costs under this activity include but are not limited to printing of marketing materials associated with resale of the unit, sellers closing costs, second appraisal, etc. Page 17 of 23 City of Delray Beach ~ NAP Housing Assistance Plan S. Homeownership Assistance 24 CfR 570.201 (n) 5.1 Summary of Activity This activity will provide funds to establish financing mechanisms (down payment assistance) to support LMMI households in purchasing NSl' properties. 5.2 Financing Assistance will be provided to LMMI eligible households in the form of nan- amortizing, 0% interest, forgivable, deferred payment loan. All loan awards will be secured with a second mortgage/promissory note. Recapture terms are as follows: 5.2.1 Assistance in the amount of $15,000 or less will require a 5 year non-amortizing mortgage. 5.2.2 Assistance in the amount of $15,000.01-$40,000 will require a 10 year non-amortizing mortgage. 5.2.3 Assistance in the amount of $40,000 + will require a 15 year non- amortizing mortgage. 5.2.4 Assistance in purchasing newly constructed homes will require a 20 year non-amortizing mortgage. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration of the note. Qualifying event(s) are considered to be: ^ Sale of unit or transfer of title ^ Assisted homeowner fails to continuously occupy the home ^ Unit is rented ^ Unit is refinanced without priox authorization of the City. Such repaid funds will be transferred to DCA within seven (7} days of receipt. If assisted homeowner does not trigger any of the above mentioned qualifying events prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the request must be in compliance with the City's subordination policy. This policy is available through the Neighborhood Services Division and is available for public access. 5.3 Maximum Amount of Assistance The maximum award is limited to 50% of the purchase price of the unit; however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to enable the buyer to purchase the property at a monthly payment affordable to him or her. Page 19 of 23 City of Delray Beach -NSP Housing Assistance Plan IV. Terms of Assistance 1. Terms of Assistance for Strategy #1: Housing Acquisition/Rehabilitation of Homes for Sale to Households with Incomes Less than 120% of AMI. 1.1 Types of Assistance Available Units shall be available for purchase by households at or below 120 % AMl as defined by the current Income Limits chart adjusted to family size, West Palm Beach -Baca Raton, Metropolitan Statistical Area, (Palm Beach County). 1.2 Applicant Selection Criteria 1. Applications will be available at City Hall andlor designated locations of sub- recipient paz~nexs (who are specifically handling home-buyer eligibility). 2. Eligible applicants will be selected on a first came, first qualified, first served basis subject to funding availability. 3. Eligible program participants must qualify as LMMI (at or below 120% of AMI). Income eligibility shall be determined upon completion of application process. Income eligibility is determined by using the total household gross income. 4. Applicant must have completed an 8-hour HUD approved Homebuyer Education class approved by the City prior to purchasing an NSP property or benefiting from Housing Finance Mechanisms. 1.3 How Assistance will be made Available 1.3.1 Advertising The City of Delray Beach shall advertise the notice of funding availability in a newspaper of general circulation at least 30 days before the beginning of the application period. In addition to advertising in the newspaper, the City will advertise the NSP program on the City web site, www.mydelraybeach.com. 1.3.2 Application Process A. Income Verification Written verification of income shall be required to document the applicant's income eligibility. Self-employed applicants may provide a copy of his/her tax return from the previous year or two. In addition, the applicant or his or her bookkeeper should supply an income. and expense report for at least the past three months. B. Assets For the purpose of determining eligibility for assistance under the NSP Program, there is no cap on liquid assets. While applicant is not required Page 21 of 23 City of Delray Beach - NSP Housing Assistance Plan. 2. Terms of Assistance for Strategy #2: Housing Acquisition/Rehabilitation of Homes far Lease to Households with Incomes Less than 50% of AMT 2.1 Types of Assistance Available Units shall be available for rent by households at or below 50 % AMI as defined by the current Income Limits chart adjusted to family size, West Palm Beach -Boca Ratan, Metropolitan Statistical Area, (Palm Beach County). 2.2 Applicant Selection Criteria A Non-profit organization or governmental agency shall be selected via the City's Request far Proposal (RFP) process and must meet the following selection criteria: ^ Governmental Agency whose purpose is to further affordable rental housing or designated 501(c)(3) non-proft organization under IRS guidelines whose purpose is to further affordable rental housing; ^ Legally operating within the jurisdiction of the City of Delray Beach; ^ Has demonstrated track record and at least five (S) years experience in the management of affordable rental housing. Page 23 of 23 Page 1 of 2 MEMORANDUM TO: Mayor and City Coxnmissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: June 22, 2010 SUBJECT: AGENDA ITEM 8 M -REGULAR COMMISSION MEETING OF JULY 6 2010 REVISION TO THE NSP PLAN/It'LORIDA DEPARTMENT OF COMMUNITY AI'FAIRS ITEM BEFORE COMMISSION Staff requests approval to revise the Neighborhood Stabilization Program Plan budget to reallocate disposition line item funds to the acquisition line item at the request of the Florida Department of Com~xiunity Affairs. Staff also requests approval to revise Chapter III, Subsection 2.11 Change Orders. BACKGROUND The City of Delray Beach has received $1,905,005 under the Neighborhood Stabilization Program (NSP) award through the Florida Department of Community Affairs by the U. S. Department of Housing (HUD) as a result of the Housing and Economic Recovery Act of 2008 (ILR. 3221}. The NSP funding is for the purpose of purchasing foreclosed or abandoned homes for rehabilitation, resale ar redevelopment in order to stabilize neighborhoods and stem the decline of home values. NSP funds are to benefit Law, Moderate and Middle Income Households (LMMI}. LMMI households are defined as those with incomes less than one-hundred twenty percent (120%) of Area Median Income (AMI} as determined by HUD. The Florida Department of Community Affairs has requested the City of Delray Beach reallocate budgeted funds to assist with the obligation of prograz~n dollars. By obligating funds, the City of Delray Beach could potentially be approved far additional NSP dollars. NSP Strategy 1, Attachment A Acquisition $90'7,103 Acquisition $981,503 Disposition $ 74,400 Disposition $ 0.00 NSP Strategy 5, Attachment A http://miweb001/CouncilAgendaBluesheet.aspx?ItemID-3421 &MeetinglD=263 7/2/2010 Page 1 of 1 MEMO~vDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: Tune 29, 2010 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF JULY 6 20] 0 GRANT APPLICATION/FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS/NSP ITEM BEFORE COMMISSION Staff request approval to pursue and accept additional Neighborhood Stabilization Program 1 (NSP1) funds from the Florida Department of Community Affairs for the continued purpose of purchasing foreclosed or abandoned homes for rehabilitation, resale, or redevelopment. BACKGROUND The City of Delray Beach has received $1,905,005 under the Neighborhood Stabilization Program (NSP) award through the Florida Department of Community Affairs by the U. S. Department of Housing (HUD) as a result of the Housing and Economic Recovery Act of 2008 (H.R. 3221 }. The NSP funding is for the purpose of purchasing foreclosed or abandoned homes for rehabilitation, resale, or redevelopment in order to stabilize neighborhoods and stem the decline of home values. NSP Funds are to benefit Law, Moderate and Middle Income Households (LMMI). LMMI households are defined as those with incomes less than one-hundred twenty percent (120%) of Area Median Income (AMI) as determined by HUD. The Florida Department of Community Affairs will soon reallocate recaptured NSP dollars that have not been obligated by sub-grantees. Neighborhood Service Division staff is prepared to received additional funding and continue to implement the City of Delray Beach Neighborhood Stabilization Program 1 Plan. RECOMMENDATION Staff recommends City Commission approve pursuing and acceptting additional Neighborhood Stabilization Program 1 (NSP1) farads from the Florida Department of Community Affairs. http:I/xniweb001 /CouncilAgendaBluesheet.aspx?1temID-3438&MeetinglD=263 7/2/2010 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: June 28, 2010 SUBJECT: AGENDA ITEM $.O. -REGULAR COMMISSION MEETING OF JULY G 2010 RESOLUTION N0.35-10/AMENDMENT TO THE (CHAP) hOR FY 2010-2013 ITEM BEFORE COMMISSION City Commission authorization and approval of revisions to the Local Housing Assistance Plan (CHAP) for Fiscal Years 2010-2013, by adopting Resolution No. 35-10 pursuant to Title 67-37 of the Florida Administrative Code. BACKGROUND For the past eighteen (18) years, the City has received funds under the State Housing Initiatives Partnership (SHIP) Program. SHIP funds are generated from a portion of documentary stamp taxes collected throughout the State and held in the State's Housing Trust Fund for the development and maintenance of affordable housing. The State requires a Local Housing Assistance Plan (CHAP) outlining how the City plans to administer the SHIP funds once they are received. On February 23, 1993, under Ordinance #2-93, the City Commission established a Local Housing Assistance Program, created the Local Housing Trust Fund and created the Affordable Housing Advisory Committee to comply with various sections of Title 67 of the Administrative Code of Florida. The Neighborhood Services Division staff has administered the program and under the approved plans, has assisted Delray Beach residents with homeownership and housing rehabilitation opportunities. Attached is the Local Housing Assistance Plan for 2010-2013. The following strategies: 1) Purchase assistance; 2} Owner-occupied rehabilitation assistance; 3) Land Acquisition; 4) Disaster Relief assistance; S} Sub-Recipient Housing Partnership Program (Community Land Trust}; 6) Foreclosure Prevention; as well as several incentives within the CHAP, may be implemented during the next three years. The CHAP is based an last year's annual allocation of $52,670 per year for the three-year period. Revisions to the plan included the fallowing: Revise to include Green Initiatives (energy efficiency) to Strategy B in the CHAP. http a/miweb001 /CouncilAgendalBluesheet.aspx?ItemID=343 5&MeetingID=263 7/2/2010 CITY of DELRAY BEACH State Housing Initiatives Partnership (SHIP) LOCAL HOUSING ASSISTANCE PLAN (CHAP) May 2010 FISCAL YEARS COVERED 2010!2011 201112012 201212D13 -1- I. PROGRAM DESCRIPTION Chapter 67-37.005 F.A.C. and Section 420.9072, F.S. A. Name of the participating local government and Interlocal if Applicable: 5ecfion 420.9072(5), F.S. City of Delray Beach Interlocal: Yes No X Name of participating focal government(s) in the Interlocal Agreement; B. Purpose of the program: section a2oso72, F.S. and Chapter 67-37.00513), F.A.c. Creation of the Plan is for the purpose of meeting the housing needs of the very- low, low-, and moderate-income households, to expand production of and preserve affordable housing, to further the housing element of the City of Delray Beach's comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: Chapfer 67-37.002,!='.a.c. X^ 2010/2011 X 2011/2012 X 2012/2013 D. Governance: Chapter 67-37.005(3) and (5){rJF.A.C, and 5ecfion 420.907?(?4)FS. The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37A07 Florida Administrative Code. The- SHIP Program furthers the housing element objective of providing increased housing opportunities for low- income persons. Clties and Counties at all times must be in compliance with these applicable statutes and rules. E. local Housing Partnership secfion420.so72(?J(a), F:s. SHIP Program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low-income persons and community groups. The City of Delray Beach's Community Improvement Department has formed a partnership agreement with the Delray Beach Community Redevelopment Agency, the Delray Beach Housing Au#hority, the Delray Beach Community Land Trust, the Delray Beach Community Development Corporation, the Consumer Credit Management Services, Inc., and local contractors. This partnership was developed to implement a comprehensive home- building and community revitalization program. Resources from each participant are leveraged to minimize the duplication of services, streamline the approval process and #o reduce the cast of housing to very-low, low-, and moderate-income homebuyers. F. Leveraging: Chapfer 67-37.007(1)(b)(c), F.A.C. and 5ectron 420.9075{?}(aJ and (?J(b3, and (?j(cJ, F, S. The Plan is intended to increase the availability of affordable residential units by combining -3- calculated for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower than but may not exceed 90% of the median area purchase-price established by the U.S. Treasury Department or as described above. The methodology used by the City of Delray Beach is: Bond Study Numbers provided by Florida Housing Finance Corporation Independent Study (copy attached) X U.S. Treasury Department The purchase price limit for new construction and existing homes will be $280,000. This amount is less than the $329,62$.60 maximum for new home construction and existing home purchases allowed by the U. S. Treasury Department (Revenue Proclamation 2009-18) because they are based on the amount that a hausehoid can actually afford using SHIP subsidy. The purchase price limit will be revised as needed in response to changes in the local real estate market, mortgage interest rates, etc. Any such revisions will be subject #o City Commission and State approval. L. Income Limits, Rent Limits, Affordability and Essential Service Personnel; Cl7apfer 67-37.005(5J(e), F.A.C..and Section 420.9071(2), F.5. The Income and Rent Limits used in the SHIP Program are updated .annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. Affordable means that monthly rents or mortgage payments including taxes and insurance da not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071 (19), (20) and (28}, F.S. However it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjus#ed for bedroom size. The City of Delray Beach has established a maximum limik of 40% of gross monthly income an the housing expenses of SHIP assisted buyers. Definition of Essential Services Personnel: "Essential Services Personnel" means persons whose household incomes do not exceed 120% of AMI, as determined annually by the Florida Housing Finance Corporation and adjusted for family size, and shall include teachers and educators; other school district, community college, and university employees; police and fire personnel; health care personnel; skilled building trades personnel; Federal, State, Coun#y, and local government personnel; and may also include utiii#y system (waterlsewer, electrical, communication, etc.) personnel; information technology industry personnel; child care personnel; personal service .providers; retail workers; wholesalelwarehouse personnel; tourism industry personnel; biotechnology industry personnel; non-profit personnel; food service personnel; landscaping industry personnel; cosmetology service providers; facility maintenance personnel; automotive service personnel; marine services personnel; and personnel in other industries .~. The City of Delray Beach has adopted the above findings in the attached resolution, Exhibit E. The Neighborhood Services Division of the Community improvement Department shall be responsible far administration of the Local Housing Assistance Plan (CHAP). Administrative functions include program design, applicant processing and selection, preparing necessary paperwork to issue payments for program activities, tracking expenditures to ensure that statutory set-asides will be met, maintaining necessary records, preparing required reports, and all other duties pertaining to implementation of the CHAP. It. CHAP HOUSING STRATEGIES: Chapter67-37.005(5), FA.C. A. Name of the Strategy: Purchase Assistance Summary of the Strategy: This strategy assists eligible first-time homebuyers within 0-120% of the Area Median Income (AMI) with a 0% interest, deferred payment loan to be applied towards down-payment, rehabilitation costs (if applicable), closing costs and principal reductions for the construction of new andlor purchase of existing single family homes, townhouses and villas. New construction properties must be constructed by approved contractorsldevelopers. 2. Fiscal Years Covered: State fiscal years 201012011, 2011/2012 and 201212013. 3. Income Cate oriel to be served; Very-low, low-, and moderate-income limits used are those as defined by U.S. Department of Housing and Urban Development (HUD} and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. 4. Maximum award is noted on the Housin Delive Goals Charts: The maximum award is limited to $75,000; however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to enable the buyer to purchase the property at a monthly payment affordable to him or her. Tota! subsidy may not exceed mortgage loan amount. 5. Terms Reca ture and Default: Assistance will be provided to eligible households in the form of a fifteen (15) year, 0% interest, forgivable deferred loan for amounts less than $35,000. For amounts equal to or greater than $35,000, assistance will be provided in the farm of a thirty (30) year, 0% interest, forgivable deferred loan. AI! loan awards will be secured with a second mortgagelpromissory Hate and will be forgiven specific to the duration of the note. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration of the Hate. Qualifying event(s) are considered to be: • sale of unit or transfer of title; • the assisted homeowner fails to continuously occupy the home; • the unit is rented; • unit is refinanced without prior authorization of the City. -l- Program. 8. Additional Information: New units constructed must be located in the CDBG designated target area. Existing homes must be located within the City's municipal boundaries. Applicants owing money to other assisted housing programs {such as Section 8 and public housing) are ineligible for SHIP assistance until they make restitution. B. Name of the Strategy: Owner-Occupied Housing Rehabilitation 1. Summary of the Strategy: This strategy provides 0% interest, deferred payment loans to assist very-low, low- and moderate-income households (below 120% of Area Median Income adjusted for family size} to rehabilitate existing owner-occupied single family units up to 2 unit duplexes. Rehabilitation of units will address interior and exterior buildinglelectricallplumbing problems, health and safety issues, as well as, retroft of items for those with special needs, upgrade major systems, and soft costs. It is assumed that no private lender monies will be involved in these rehabilitation activities. 2. Fiscal Years Covered: State fiscal years 201012011, 2011/2012 and 201212013. 3. Income Categories to be served: Very-low, low- and moderate-income limits used are those as defined by U.S. Department of Housing and Urban Development {HUD} and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. 4. Maximum award is noted on the Housing Deliver Goals Charts: The maximum award for this strategy is $37,000. However, the maximum is not automatically provided on an individual basis; ra#her, the amount of subsidy awarded will be the minimum amount necessary to make the necessary repairs and bring the house up to the City's minimum code requirements. 5. Terms, Recapture and Default: Assistance greater than $5,000 but less than $20,000 will be provided to eligible households in the form of a 0% interest, deferred payment loan secured by a promissory note forgivable over ten {10) years. Loan awards equal to or greater than $20,000 will be provided in the form of a 0% interest, deferred payment loan secured 6y a promissory note forgivable over fiifteen {15) years. Assistance under $5,000 will be awarded as a grant and will not be subject under the program's recapture provisions. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event{s}" occur prior to expiration of the note. Qualifying event{s} are considered to be: • sale of unit or transfer of title (except for major healthcare expenses or by inheritance); • the assisted homeowner fails to continuously occupy the home; • the unit is rented; • the unit is refinanced without prior authorization of the City. -9- ^ Efficient air distribution, where ducts are installed with minimum air leaks and are effectively insulated. All General Contractors utilizing funding are required to be Leadership in Energy and Environmental Design {LEED) Certified. LEED certification is the nationally accepted benchmark for the design, construction and operation of high performance green buildings. LEED gives building owners and operators the tools they need to have an immediate and measurable impact on their buildings' performance. LEED promotes awhole-building approach to sustainability by recognizing performance in five key areas of human and environmental health: sustainable site development, water savings, energy efficiency, materials selection and indoor environmental quality. C. Name of the Strategy: Land Acquisition 1. Summary of the Strate~y: This strategy will provide funds to acquire properties for future development by non-profit, public agencies or for profit developers. Properties will be acquired through deed and tax sales, the foreclosure of government liens and through private purchases. Properties will be donated andlor sold, competitively to non-profit agencies that will use the Delray Beach Renaissance Program for the development of the property. Properties sold competitively to for profit developers must be utilized for the development of affordable housing. Construction, rehabilitation, or emergency repairs must be completed either with one year immediately preceding the date of conveyance of title or within 24 months of the close of the applicable State fiscal year. Program regulations do not support land banking. Eligible housing occupied by an eligible applicant must be completed within the program expenditure timeline, If property is sold to afar-profit developer, applications will be accepted and awarded competitively using criteria including, but not limited to The following: • Financial strength of the agency; • Ability of developer to complete the development by the deadlines established by the State; • Capacity of the developer; • Features of the proposed house(s); • Marketing plan for the sale of the houses}; • Whether or not the agency employs personnel from the Welfare Transition Program; • Whether the proposed housing is compatible with the neighborhood in terms of design and size; • Affordability of house(s) being built. 2. Fiscal Years Covered: State fiscal years 201012011, 2011/2012 and 2012!2013. -11- 4. Maximum award as noted an the Housing Delivery Goals Chats: The maximum award for this strategy is $15,000 per unit. 5. Terms, Recapture and Default: Assistance will be provided in the form of a grant, so individual households will not be required to repay funds used for disaster assistance. In the event that the City receives reimbursement from federal or state sources, such repair funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are disbursed. 6. Recipient Selection Criteria: In addition to being income eligible as described above, applicants will be served on a first-come, first-qualified basis, pending fund availablity. Residence must be located within the municipal boundaries of Delray Beach. 7. Sponsor Selection Criteria: NIA. 8. Additional Information: This strategy will be implemented only in the event of a natural disaster declaration using any SHIP funds that have not been encumbered. E. Name of Strategy; Sub-Recipient Housing Partnership Program. This strategy shall not be used in conjunction with any other assistance program offered by the City of Delray Beach. 1. Summary of the Strategy: This strategy allocates 0 % interest, deferred payment loans to a Community Land Trustlnon-profi# sub-recipient to be applied towards the principal reduction of construction of affordable single family units within the Community Land Trust. 2. Fiscal Years Covered: State fiscal years 201012011, 2011/2012 and 201212013. 3. Income Categories to be served: Very-low, low- and moderate-income limits used are those as defined by U.S. Department of Housing and Urban Development (HUD) and distributed by the Florida Hauling Finance Corporation for use in the SHIP Program. 4. Maximum award is noted on the Housing Delivery Goals Charts: The maximum award is limited to $75,000 however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to enable the buyer to purchase the property at a monthly payment affordable to him or her. City subsidy may not exceed mortgage loan amount. 5. Terms, Recapture and Default: Assistance will be provided to each eligible Community Land Trust property on a one time basis. Subsidy awards will be evaluated individually on a case-by-case basis in accordance with SHIP income guidelines and will require final approval by the City's Community Improvement Director. The subsidy will be required to be excluded from the applicant's original purchase price in the re-sale formula and is to appear as a construction cost buy-down to maintain the unit's affordability in perpetuity. -13- • a person displaced as a result ofi a government action (other than eviction from public housing; and those who have special needs according to Chapter 67- 37A02(13). c. Must have a bank account d. Applicants must contribute a minimum of 2% of the purchase price toward the transaction (out-of-pocket expenses are included in this calculation), e. Applicant must have an accepted contract for a home and have applied for a first mortgage with a lender. f. The applicant must have attended and completed an approved homebuyer education course (i.e., at least four hours in length and conducted in a classroom setting) approved by the Neighborhood Services Division. g. SHIP funds are reserved in the individual's name for asix-month period, provided that available SHIP funds remain. F. Name of Strategy: Foreclosure Assistance: 1. Summary of the Strategy: This strategy allocates payment assistance in the form of a deferred payment loan to any homeowner within 0-120% ofi the Area Median Income (AMI) whose home is in the process of foreclosure due to extenuating circumstances as listed below in the Terms, Recapture and Default section. 2. Fiscal Years Covered: State fiscal years 201012011, 2011!2012 and 201212013. 3. Income Categories to be Served: Very-low, low- and moderate-income limits used are those as defined by U.S. Department of Housing and Urban Development (HUD) and distributed by the Fiorida Housing Finance Corporation for use in the SHIP Program. 4. Maximum award is Hated on the Housing Delivery _Goa_!s Charts: The maximum award is limited to $10,000 inclusive of al! attorney feeslcourt costs;. however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to enable the buyer to continue to retain ownership and regularly make hislher monthly payments. Terms, Recapture and Default: a. Assessed value of home must be equal or less than SHIP purchase price limit. b. Completion of post-counseling through approved counseling agency. c. Foreclosure applicants must show #hat the nonpayment of their mortgage is not through their own doing. Eligible reasons are: (1) toss of employment; (2) Sudden medical expenses; (3) Divorce or separation; (4) Death in the family; (5) Unforeseen home repair bills. -15- within the permit process. Applications submitted for affordable housing projects will receive a label marking it as such and prioritized for review. Applications received are processed by designated persons under the approved expedited permitting process developed for this program, in addition, it is the policy of the City of Delray Beach Planning and Zoning and Community Improvement Departments to implement an expedited permit process for affordable housing subdivisions. An affordable housing subdivision is one that: ^ Contains at least 1a affordable units. For projects meeting the above criteria a single point of contact shall be designated (the Director of Planning and Zoning, andlor the Director of Community Improvement or either of their designees). This individual(s) shall be responsible far coordinating all matters relating to the review services for the project and shall provide periodic status reports to the business's project manager, Apre-application meeting shall be conducted and shall include the preparation of a time table for project completion. The project shall receive priority at every phase and project review shall include face to face meetings to facilitate the expediting process. Comments relative to the development review application shall be provided to the applicant within ten (10) business days (Development Application} and fifteen (15} business days (Permit Application) after khe submission of a complete application by the applicant. Thereafter, the City and the applicant shall make a mutual commitment to provide development and permit application review comments and plans or revisions thereto in a thorough and timely manner. Pursuant to LDR Section 2.4.$(C}(1 }, with submittal ofi an application that is deemed complete Class IV and V si#e plan development proposals shall be processed within seven (7) weeks and applications involving re-zonings or Conditional Uses will require an additional four (4} weeks. Class I through 111 site development applications will be processed in fiive (5} weeks or less. As identified above, initial building permit comments shall be provided within fifteen (15) business days of a complete submittal. Thereafter all efforts shall be made to expedite building permits after all outstanding comments have been addressed with the goal of issuing the permits within thirty (30} business days after submittal. B. Name of the Strategy: Ongoing Review Process An ongoing process which provides for a review and consideration of local policies, ordinances, regulations and plan provisions that increase the cast of housing prior to i#s adoption. -17- a. Established policy and procedures; Provide Description Infrastructure facilities currently exist throughout the entire City. However, where there are visible signs of deterioration, Comprehensive Plari policy provides for prioritization in scheduling necessary improvements. As each year's infrastructure improvement schedule is prepared, priority is given to neighborhoods with concentrations of infrastructure deficiencies. G. Name of the Strategy: Reduction of Parking and Set-Back Requirements An ongoing process to encourage development of affordable units by allowing for reduced parking and set back requirements a. Established policy and procedures: Provide Description Regulations require two parking spaces per dwelling unit beyond the required front yard set-back in Single Family Zoning Districts. As an incentive to affordable housing, one of the required parking spaces may be located within the 25' front yard setback reducing haphazard stree# parking." Ft. Name of the Strategy: Preparation of a printed inventory of locally owned public lands suitable for affordable housing. An ongoing process to identify land suitable for development of affordable housing. a. Established policy and procedures: Provide Description The Planning Department has compiled a complete list of City owned lands of 3 acres or mare along with available single family lots. The Community Redevelopment Agency maintains a list of vacant parcels, which they own or have under contract suitable for in-fill residential construction. These lists are made available to the public, private developers and non-profit agencies and is updated on an annual basis. Name of the Strategy: Reduction of Landscape Requirements An ongoing process to encourage the development of affordable units by allowing for a reduction of the City's landscape requirements Established policy and procedures: Provide Description The current requirements at Section 4.6.16(H) far Single 1=amity Housing is that 20% of all pervious lot area be planted in shrubs and ground cover and the remaining 80% of the area be planted in turf. In support of projects participating in the City's Affordable Housing Programs the requirements of the landscape code are reduced to allow for only 10% of the pervious single family lot area be planted in shrubs and ground cover and that they be installed in the front and side setbacks. It is estima#ed that $1,200 will be reduced from the cost of producing one unit. -19- IV. EXHIBITS; A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. B. Timeline for Encumbrance and Expenditure: Chapter 67-37.005(6)(4) and (~ F.A.C. A separate timeline for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end ofi the applicable Sta#e fiscal year. C. blousing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: chapter s7-37.o~5t, F.A.c. Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification Page: Chapter 67-37.005(7), Fa.c, Signed Certification is attached as Exhibit D. E. Adopting Resolution: Secfion420,9072(2)(b)2, F.S. Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. Resolution 19-10 F. Program Information Sheet: Completed program information sheet is attached as Exhibit F. G. Ordinance: Ssctior~ 420.9072(3J(a), F.S. if changed from the original ordinance, a copy is attached as Exhibit G. This item has not changed as of May 2007. H. Interlocal Agreement: Secfion 420.9072, Fs, A copy of the Interlocal Agreement if applicable is attached as Exhibit H, This item is not applicable as of May 2007. Subordination Policy: A copy of the Subordination Agreement attached as Exhibit I. 21 ~ l RESOLUTION NO.19-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATNES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND RULE CHAPTER b7-37, FLORIDA ADMINISTRATNE CODE; AUTHORZING AND DIRECTING THE MAYOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECIVE DATE. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420,907-42D.9079, Florida Statutes (1992), and Rule Chapter G7-37, Florida Administrative Code, requires local governments to develop a one- to three-year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy; and WHEREAS, the SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act; the methodology and purchase prices used are def ned in the attached Local Housing Assistance Plan; and .WHEREAS, as required by Section 424.9075, F.S., and Chapter G7-37 F.A.C., it is found that five percent (5%) of the local housing distribution plus five percent (5°/fl} of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program map not exceed ten percent (9 0%) of the local housing distribution plus five percent (5%} of program u~co:aae deposited into the trust fund, except that small counties, as defined in s. 120.52(17}, and eligible municipalities receiving a local housing distribution of up to Three Hundred Fifty Thousand Dollars ($35D,DD0) may use up to ten percent (10%) of program income for administrative costs; and WHEREAS, the City has prepared athree-year Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and ADM[NISTRATIVE BUDGET FOR EACH FISCAL YEAR Exhibit A Admin Bud et Fiscal Year 2010-2011 Salaries and Benefits $ Office Supplies and Equipment $ Travel Perdiem Workshops, etc $ Advertising $ $ Title: LHAP Template 2DI0 No. DDl Effective Date: 11/D9 5,o1~.aD 25o.oa 5,267.00 Fiscal Year 2011-2012 Salaries and Benefits $ 5,017.00 Office Supplies and Equipment $ - Travel Perdiem Workshops, etc $ - Advertising $ 250.00 $ 5,2s7.ao Fiscal Year 2012-2013 Salaries and Benefits Office Supplies and Equipment Travel Perdiem Workshops, etc Advertising $ 5,017.D0 $ - $ - $ 25D.OD $ 5,267.00 Exhibit A Budgeted amounts based on a distribution of 2009-2010 allocation fo $5~ A ~ N c t ': L a 'c ~ ~ _ m °a ~ .}~ t O a _ ~ A N ~ ~ ~ m i m tl ~ i V ~ t e > ~ 7 i e I ~ ~ I e h ~ L s t s ~ ` k ~ 1 s j P 1 ~ I ~ t i u c ~ R i i n i 7 r l 1 d ~ ~ ?: r ~ a i ~ w w m w a i .~ r ~ a = 3 4 ~ ~ N ~ ~ ~ Q i ~ a i s z. : o 3 L A ~ o ., a w ~ Y ~ ~. 7 7 3 i c i 3 ~ ~ ~ m i O e 3 ~ 10 n_ ~ G ! 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DD l 67-37.DD5(1), F.A.C. Effective Date: 11/D9 CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Exhibit D Name of Local Government:JCity of Delray Beach (1) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes. (2} All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system fox applications fox awards. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity} will be unable to comply with the provisions the plan. (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. (S) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. (9} Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 days after adoption. (10) The trust fund shall be established with a qualifed depository for all SHIP funds as well as moneys generated from activities such as interest earned on loans. (11) Amounts on deposit in the local housing assistance trust fiend shall be invested as permitted by law. (12} The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits wiIl be forwarded to the Corporation as soon as available. Exhibit "I" CITY OF DELRAY BEACH NEIGHBORHOQD SERVICES DIVISION SHIP and CDBG Subordination Policy A homeowner assisted by the SHIP or CDBG program may not refinance his or her firs# mortgage or take out a second mortgage unless the city agrees to subordinate its second mortgage. The policy used by the City of Delray Beach regarding a subordination request is as follows: ^ If the owner wants to refinance the first mortgage at a lower rate andlor for a shorter loan term, the City will subordinate if: ^ additional money isn't being borrowed sunless its far home repair or reasonable improvements) ^ the resulting housing cost (PITT) does not exceed the housing cost (PITT) calculation of the original loan ^ the new loan is for a fixed interest rate ^ If the owner is taking out a second mortgage for necessary home repairs or reasonable improvements, the City will subordinate if: ^ the combined payments of the first and second mortgages do not exceed 35% of gross income ^ the loan is for a fixed interest rate ^ The City will not subordinate its mortgage for owners attempting to obtain a line of credit or consolidate debt because this would enable them to increase their debt for purposes other than home improvement. The City maintains that: ^ Second mortgages are provided under the SHIP program to assist with homeownership ^ Forgivable loans are provided under the CDBG or SHIP programs for the exclusive purpose of rehabilitating, enhancing andlor preserving real estate ^ The City does not support the owner using equity for any items other than the house itself. if the purpose of the new loan is for home repair or reasonable improvements, the need must be substantiated by an inspection of the property by a City of Delray Beach housing rehabilitation inspector andlor estimates for the proposed repairs furnished by the homeowner. RESOLUTION NO. 35-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE APPROVED LOCAL HOUSING ASSISTANCE PLAN AS APPROVED AT THE APRIL 20, 2010 CITY COMMISSION MEETING AS REQUIRED BY THE STATE HOUSING INITIATNES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND Ri_]f.E CHAPTER G7-37, FLORIDA ADMINISTRATIVE CODE; AUTHORZING AND DIRECTING THE MAYOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECNE DATE. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chaptex 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079, Florida Statutes {1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop a one- to three-year Local Housing Assistance Plan oudining how funds will be used; and WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy; and WHEREAS, on April 20, 2010, the City Commission of the City of Delray Beach, approved the FY 2010-2013 LHAP via Resolution 19-10; and WHEREAS, the SHIP Review Committee has requested that revisions be made to the Plan to include a green initiative and to remove the Florida Homebuyer Opportunity Program before final approval. AJI other terms of the LHAP approved via Resolution 19-10 shall remain the same. NOW THEREFORE BE IT RESOLVED BY THE CI1"Y COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS: Section 1. The City Commission of the City of Delray Beach hereby approves the Local Housing Assistance Plan as amended and, as attached and incorporated hereto for submission to the Florida Housing Finance Corporation as required by ss. 420.907-420-9079, Florida Statutes, for fiscal years 2010-2011, 2011- 2012 and 2012-2013. Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: June 30, 2010 SUB7ECT: AGENDA ITEM 8.P. -REGULAR COMMISSION MEETING OI' JULY 6 2010 MULTIPLE BID AWARDSINSPI RENTAL HOMEBUYER DISPOSITION SERVICES PROVIDER(S) ITEM BEFORE COMMISSION Approval is requested to approve award(s) to multiple bidders for Rental and Homebuyer Disposition Services for the Neighborhood Stabilization Program in regards to RFQ 12-2010NS. BACKGROUND On May 24, 2010, the City published a Request for Qualification (RFQ 12-2010NS} to obtain qualified not-for-profits agencies to provide Rental and Homebuyer Disposition Services for NSP. Bids were received on June T 8, 2010, from four (4) organizations, all in accordance with City purchasing policies. (Bid # 12-2010N5; Documentation on file in the Purchasing Office}. A tabulation of bids is attached for your review. Recommended Awarded Organizations: Rental Services Delray Beach Housing Authority Homebuyer Disposition Delray Beach Community Land Trust Homebuyer Disposition Delray Beach Community Development Corporation At the March 26, 2009 meeting, City Commission approved applying for $1,905,005 in NSPI funding through the Florida Department of Community Affairs. The funds were awarded and approved on October 6, 2009. The City has been granted the funds to carry out these eligible activities which include the acquisition, rehabilitation and resale of bank owned/RE0 units within the NSP1 Target Area for the purpose of selling or leasing the units to income eligible households. FUNDING SOURCE Neighborhood Stabilization Program RECOMMENDATION Staff recommends approval of multiple bid awards for Rental and Homebuyer Disposition Services as outlined above, pending Florida Department of Community Affairs approval. httpa/miweb001/CouncilAgendaBluesheet.aspx?ItemID=3461&MeetinglD=263 7/2/2010 07Y O~ DELRAY ~EIQ-CH Neighbc~r~aad Services Divisian REGZUEST ~QR P'ROPOSJ~IL. RAP No. ~ ~~~~'~ DNS REN7'i4L N N~EUYER D1SP~SiTION SERIES (Neighborhood Stabili~~tio~ Prr~grem~ Mayor Vlve Mayor f~eputy Vase Mayor Gomm3ssiQner Commissioner City M$nager Netsvn S, McDuf~Fie Adam t=rankef Angeteta C3ray Gary P. i/Itvpvutvs Fred B. Fetzer David T. Harden Purchastr~g Department ~ no N.W.1 st Avenue, Defray Beach, t=t_ 334~t4 (5f'i) 2 13-7161 1 7163 ~A?C # (569) 243.7166 r~roposer tnsarmatron: a. Program Type (Applicant can apply for arse ar both programs but must be the same entity if both programs (joint ventureslco-applicants are not eligible): Rental Property (1ltlulti-family andlor Single Family) ~, Homeawnersltip (scattered single family and/or duplexes} b. Agency N c. Address: Gi#y ~~ }~~~~.-~ ~~.:~,~.~ State ~ Zip ~~~~ ~ :~ ..~ d. I~EIN# ,z~ ~ ~"~.~...~1~ ~_ l_ e. Phvr~e No. _ra ~ . ~-~,~~ ~~~~ ~a ~~L~ Fax ~~ ~ I ;?.~~-- - f, Contact Person: ~Z~ ~ ~ 4a~ ~ ~.~~-~~~" ~`~ ,.... ...~ Address ;t ~~. t ~ # ! ~ City '~. ~,-~..~.t f~ ~, State ~ Z"rp ~ E c L~ ~~ Phone No..~~[,! ~. ~-~~ ~ ~~~ f~ Fax,T~ 1 - ~--~~ - ~ ,~ E-mail _ .~ ¢~cx.~~-c~-t~~e.~ c',?,.~.~,.~'~%.b~ * is fihe cartfiacfi person a consultant: Yes ^ No ,; If so, lisfi effecti~re date of consulting services: 'Additional Contact Person: Program Type: (lf applying for more than one program and if different contact person Fisted above-specify program) Address ~, City State Zip Phone Na. Fax _= E-mail _ ~` !s the contact person a consultant: Yes __-_. No If so, lisfi effecti~re date of consulting services.: Authorization (Please provide name and tifle of duly authorized represen#afive}: a. NamelTitle ~ .. ~ 1 ~~- ~- .~~' ' .',~~. ,~ ,_-; c'am' b. Add ress ~~~ #~ ] ....~- ~~,~i1 ~ 1. ~.~~ ~ ~ ~ ~ •-•-,-- City. '~a~.• ~ >~ , f~.- 5tate~_ Zip ~+~1~~7 c. Phone Number_~~~L-~_~_~~~ ~~~~~},,,..._.~. Fax. ~ ~l f ~-~~ -f~~~ ~ ~,~ ! SIGNATURE ~~~ c,..-~-.~~-~-•--~-~~~~'-- Date ~ ~~' ~ ~ ' f ;:tFP No, I2-2~ ISIS Rental anfl Homebuyer bispasition Services __..._..... _. I ~ CARMEI~ITA A. SMITH 58S Coral Way Delray Beack~, Florida 3345 Tel: 56I.-272-2797 Cell: 561-716-269I E-rrriaii: lit<a7OS~~a aol,corr~ • A~NIINISTRA`TION PRaGRAM ~IA~IA~EMENT • IJRT3.~N PLANNING ' More than l8 years of administrative responsibilities and multifaceted organizational and 9eadership experience, with special expertise in implementing and managing community development programs. Full responsibility fQr overseeing Delray J3each Community Housing Corporation's objective to attract and promote affordable housing in Palm Beach County. Comprehensive background and experience with urban planning and coordinating operations with cities, county and state agencies to provide safe and decent living accommodations for families of all incomes. lnstrttmental in developing more than 25{1 homes, representing mat'c tlzan $]0 million of ls` ntos~tgages and more than $2 million of Ana mortgages, Leadership responsibility for managing the program, as well as establishing policies, procedures, plans and internal controls to efficiently guide operations. Produced sound public relations and educational information, in fisrtherance of the program's goals and public service mission. Recruited, trained and motivated a professional staff, to implement and achieve organization's objectives. Negotiated con#racts with builders and subcontractors. Backg~aund also encompasses experience as Executive Program Director far a social service agency providing support to children and their families, as well as coordinator of an educational program for underprivileged children and a college "Eteach-Out" program to increase minority enrollment in colleges and universities ~S`U.1#~MAR~ ~.~" QUALfFICA~"I41VS: • Broad exposure and capabilities in a variety of executive functions, including strategic planning, program managemen#, supervision, training and education. • Cultivated strong working relationships with nonprofit agencies, goves-nment agencies, and community organizations. • Worked effectively with public officials, business owners and community development organizations. • Desnonsh'ated leadership, decision-snaking and implementation ability. • ExceIlent communication and interpersonal skills. • Ability to work independently or as part of a fiearn effort. • Personal understanding and empathic concern for a variety of current social issues. Demonstrated resourcefulness in problem resolution. EXPEI>'I~NCE: UELRAY BEACH COMMC7N)C7`Y DEVELOPMENT CO~PQRATION 10l9$ _ >PRESGNT Progrrrrn Mturager .. Work directly with Execttive Director managing various programs and objectives of the agency, including the f€rst~ ': time buyer program and construction projects. ~- Work tvitls first-time homebuyers assisting with ne~v construction, as tivel l as rehabilitation of existing homes. • Coordinate efforts with banking institutions to establish underwriting and credit standards for affordable housing programs, structurin; loans to rrtinirrsize risks to the banks and homebuyers. • Worked with investors and banks, regarding commercial loans in joint ventures for mixed-use offtcelretaillresidential developments, - • Provided assessment and analysis an tt-e debt service and prof€tability of the projects. - Created a certified first-time homebuyers program, including education, credit counseling and budgeting, as well as pre and post homeownership counseling. • Established monthly classes to instruct families. Developed collaboration among banks, city and county agencies to access special programs and grants, including the _ Community Devolopment 131ock Grant {CDBG), C-TOME, the State 1-iousing Cnitiative Partnership (SHCP) arsd the Housing "Crust fund. • Served as Property Manager overseeing the Delray CDC's rental prapes-ties, screening tenants and st-beontractors. • Developed tl~e organization's foreclosure program; providing mitigation counseling and v'arkout plans. Paul~t~ ~`~-a~.~oi~eide Seeka~g a position within your company where 1 can utilize my Objective skills and training so # can have opporhmity for advancennent My overall l S years of community background provides me with the Summary of necessary experience and characteristic traits that can be beneficial to our local Qualitlcatia~n5 municipality. 1 have a keen sense of future growth and development within our city and indeed the bordering cities. • 4 years working with non profit and community based organizations in tlae area of first time hornebuyers. • Skills in coixumunity organizing and neighborhood planning processes for affordable and mixed income housing. • Knowledge of private lender's criteria, and experience in feasibility analysis, credit underwriting and loan packaging ft~r housing. • Knowledge in budgeting, credit counseling, pre-qualifications, verifying accuracy of information reported from credit bureau and employers. Co-owner and Manager, Pmfes~sional Elna's Bridal and Forma! Gowns 2000-20{}5 Experience Certified Housing Counselor and Trainer, Delray Beach Camxnunity Development Corporation/ LISC AmeriCorps 2Oa6- 1'resent • Review loan applications to verify that clients were eligible for a second mortgage with the city, or county subsidy program which is a forgivable. • Excellent verbal and written cornmunzcarion skills. ;.:i • Excellent skills in customer service. "~~ • High level skills in mathematics. High School Diploma - 1985 Education Atlantic Cozr~.u~ur~ity High School Delray Beach, FL Associate of Applied Science Degree , 1993 General Studies Kingsboraugh Community College Brooklyn, NY Currently pursuing a Bachelor of Science Degree Sociology Major- Attending Senior Year - ~ Florida Atlantic University Boca Raton, FL Memberships Bethel Evangelical Baptist Church (BEBC); Executive Board lViember and Church member, 1981- present Haitian Evangelical Crusade Association {HECA), 1985 -present AmeriCarps National, 2005 - 2008 Zion Study Circles, 2409 Volunteer Diar<-ond View Elemen#ary, Achievement Center of Children and Families, S,D Spady Museurr-, Planning Committee for Ss` Avenue Ribbon Cutting _ References WiI1 be provided upon request 5519 Wi~hxng star LN, Greenacres, FL 33463 Phan.e (561) 577-7097 Email: pauseide@yahoo.com - -_~ ~ ~` ':~*,`'#`_~ -,_~ 4•"~f~v,v~~"i~..~~1'~ eta ~~.`,~~,~`-q'_`~. ~. - ~ .----- - -~- ..-'°'~.f~~~~~ ''ate+~i; ~~'~!r~'~,_~°+,d'~~'4~''~"'_~:~'_r".,.~~``S~v'e~~' :-'.__ - .^_`~`.. __ >?.. _. ~ .. ~ ,... .. -- p. ,.. i w„ ~. 1 3 ~.~ -_ ~ -• ~~% 11 .M . m { .~ '~ ~~. ~h ' t .,... ~_ ~r.n .... i i I i L~ ~t ..ti '~ W Y^y. ~1 '-~ '~: ?-°y,a ..mss %•~ ~ y ~~ ! ~ '~~ :b,_b °°ti ?4 +'a .,; t ~~ r^"'k -~~' ~ s ~~ \ ~+n ~± ~ '~ ~i ~. ^l be v~,~, `~ ~~ ~~~ ~ ~ . • ~~ay ~Sw ..~iY ~~~ •`0 _~ r= ~~ ~~ -mss. .~ ~~ ^a ~~Y ~~ ~w ~a ~_ ~1 ~ j •-.. ,~ A '~ ;~ .. <.~ •. r -.~, , ' 'E. '.4~~ .. ~x j ~. Y-~ :~~ ` - ' ` ~ , ~ ~4~~ht . :.. 'i ~~~ -'~~L ~_ ~~. .i~_ .~~ .-.., ' ~y '~, .y ~'n _: W ~e _ _ _ ?K ...~• a ~ .. ' ~.: _ ~ '.~,_ _ r •7';~h ~ ~,~i, 'S ' ....~ S ~~` {+ _ _ . .4 Y l i^. ww • ~ ` l 1'^~A~ _ r¢!~?r . r ~ ~ 'a ~~y e ~ ";,r . _= '~a; ~ .. 4 ~ "' r , _~ ~.. . .. .. _ .. N~~~~~nrWo~~ ~ _ AN{EItItA ~~~~~ ~~ ~~e~g~~~,~ ~~~ ~~e ~~c~~ Se~~ ~'resent~d this I~~~ day ~~ ~~ temb~r_ , Z~~`~ For completing the training and satisfyErtg the requirements established ~y NCHFC. Ger#ificafion is valid for three years from date of issuance. f# is valid only when hameosvnership education is performed by ar in parfnership wifft a community-based organfza#ian. ~t,.~s a. w,~,~c K;E'Ni1lETH D, WADE Chfef Executive Officer NeigltbarW~rks$ Americ,~ ~• l.4YJ4+.4 L EQWER L7irecfor NeighborWorks~ Center for _ ,: } ~: ~y ~ Mi ..h X a f{1 ~ ~ ~ 7S h ~ V fD ~~ a d f "?, f~0 ~ n '~ n~ _; _' T~ '..~ ..'~ :Y ~ ~ 5 ~~ ;~ `~'~ :~3 :` ~ ~ ~ . __ 0 ~S' ro }.a ~ ~ ~ F..+ Q ~ f13 ~ i.-1 ~ _ y Q 11--~ ~ f/ © ~ h~~a /l ® a w y. .y ~C F-~ ~ O r~-h ~. 7FO~( ~I~..{ © `~~ ~• • l/ I'~ VK ~'. ~' ~• h F }~ ~~ gc ~~~ z ~~ ~r S.~ v~~ ~~ auu.'%~ Yu_4~ Lu.Y.~ ~~~:~ ~~ Y~~y Y ey'~'~-£ ~,,-~ ~:_ __ 6 f -_ j 3 . Z~ s~ cs= ~~ 0 ~. ~: Part 3B -Program Operating Plan The CDC program operating plan will be consistent with the roles and responsibilities the CDC performed under the Renaissance Program. The program will be administered by Ms. ;:.-, Carmelite Smith and Ms. Paulette Seide. The program will perform intake/application/pre ~~:~ qualifications, obtain first mortgage financing, make client aware of properties for sale, facilitate the contract far sale and purchase, arrange independent Name inspections, arrange closing with closing agent, make sure homebuyers file is complete with all required documents, etc., dose the deal. The CDC maintains a pipeline of prospective homeowners. The CDC will work through the pipeline for the most ready buyers. For those that need same work, the CDC will continue to perform credit counseling, credit repair, budgeting counseling and whatever else is required to get the buyer ready to buy. In other words, overall homebuyer counseling. Although the CDC is not a current Hl1D Certified Housing Counseling Agency, the CDC is a NeighborUVorks certified housing counseling agency, and is in the application process for HUD certification. Far the purposes of this program, the CDC will refer home~iuyers to one of our sister HUD Certified Counseling Agencies far the 8 hour class until the CDC receives its HUD certification. The CDC will continue to provide homebuyer education, including home maintenance and repair, homestead exemption, code enforcement compliance issues, and residential insurance. The CDC has worked with many lenders over the last 14 years that are familiar with the low and moderate income buyers market. The CDC will refer hamebuyers to these lenders far conventional and/or FHA 30 year fixed rate mortgages. ©rgar~izational chart included. Part 3C- Poincs for Other Funding Although the CDC has no letters of commitment from other funding sources, the CDC wilt utilize dawn payment assistance funds available to Federal Wome Loan bank member banks through their First-time h{omebuyers Program (FHP}, and funding available far first mortgages and dawn payment assistance through the Palm Beach County Housing Finance Authorities' Single Family Mortgage Band Program. r -. r f"~~ ~ ~~ ~} .: t.~'';. '~~~ ~ 5~ ::. r......t r/'~i r .. ,_.... ~'yt~ ~}'::.:' .., ~'; x $ 5 -_ ~~~w4~#-L~fw-~v i'Siii3' ~-r'~° v'.h r?'z'~' ~~~r ~.~"~ by.~' ~'~s ..p - -. '~J` ., r~_ T ~_ n n =+ f: V7 'J,) ~ ~~ ~..i ~.. ~ _ f..,. ~l ~ ~ ~ ,, ', `'. ~JJ ~. ~ ~ ~y ~ ~ ~ ~ra~ ?j I. 'r wr! rJ - rk, ~^ rte.,.., ~t;vs;. _°-- __- - ,k',. 'fg^~' _ :_~' - - ~'s~.:~ 1 r:cr~. - ,art `w~~., ""~. %~; ~ _ _ ~:'.~'~~~'~ ~r-_ _ -'may=< ~' " _ _ - _ W ~, _ ~ ~ fry ri` ..Gle:'y'....a r~ ... `~ F""~^~ f n 0 0 r c~ 0 z H V n ~--r z ,_~~ `~ a F ~. F~ } f i', ii ~ _ ~[)t~? M, ^~... /~ ~i ~ ~ ~ ~ ~ R ~_ ~' [~-t ~'• --^~- ~ ~ ~~~~; ~ ~~ s ~~ r ° ~ a ~f" o ~ ~~ ~ ~ ~ `~ ~ n ~ ~ ~ ~~ ~ m ~~ ~ ~ ~ Q~ -~ ~ ;~ ~ ~ `~ ~~' ~ ~~ ~ ~ ~ o ~ ~ ~~ ~ "'' n ~ --~ a a ~ ~ ~ o m ~~ ~ o ~`~ ° ~ ~' ~~ ~ ~ G~ ~ ~, ,~ ~ ~ ~ ~ m ~ ~ ~~ ~ ~ ~ <_ ~ ~ ~ ~~o ~~~ .~ ~_ ~~ rt O 3 Internal Reven'~te 'P.O. Sox 2508 Gi.ncinna-ti , OH 5erviC@ 45~Lf1 Date: !~~~! Delray Beach Coz~ununity Development corporation 400 W Atlantic Ave Suite 200 Delray Beach F7~ 33444 Department of the Treasury Director, E~cempt O3:ganizatians Employer Identifiaatzon Number: 65-03$4313 Document Locator Number: 34.0109871 Contact Person ~ ID Number: Gregg Taylor 31-0391.7 Contact Telephone Number: 1877 ) 829-55013 Dear Sir or Madam: __ Based on the information you recently submitted, we have classified your organization as one that is not a private foundation within the meaning of section 509(x} of the Internal Revenue Code. You are not a private foundation because you are an organization a.f the type described ~~ in sections 509(a} (1) and 170(b} (1) (A) (vi} . Your exempt status under section 501(x} of the Internal Revenue Code as an organization described in section 501(c)(3) is still in effect. This classification is based on the assumption that your operations will continue as you have stated. If your sources of support, or your purposes, character, or method of operation change, please let us know so we can consider the effect of the change an your exempt status and foundation status. - :~: This letter supersedes any previous letter or notice we have issued in which your organization was presumed to be a private foundation. Grantors and contributors may rely on this determination unless the Internal Revenue service publishes notice to the contrary. However, if you lase your section 509(a)(1) status, a grantor or contributor may oat rely on this determination if he or she was in part responsible for, ar was aware of, the act or failure to act, or the substantial or matexial change an the part of the organization that resulted in your Loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you waulcl no longer be classified as a section 509(a}(1) organization. . ~ The law requires you to make your annual return available for public ins~aection without charge.for'~hree years after the due date of the return. You are also required to make available for public inspection a copy of your exemption application, any supporting documents and this exemption lettex to any individual who requests such documents in person or in writing. You can charge only a reasonable fee for reproduction and actual postage costs for the copied materials. The law does not require you to provide copies .of public inspection documents _. that are made widely available, such as by posting them an the Internet (World wide Web). You may be liable for a penalty of 520 a day for each day you da not make these documents available for public inspection (up to a maximum of 510,000 in the case of an annual return). Letter 1 D78 (DOICG} Moci~fiEd [=atm839(2t~8) I3ELRAY BE.A.CH COMI'~IUNITY REV 65-t)3843I.3 Pags2 _. _ _~ Sfafemeni of i'ragram Servtoe Aocampiistrments (see tnstltrctions) i 8lfetly describe the argaMzation's misslan: HDUS~NG CQUNSE~~NC3 ANI} ASSxSTING FIRST TAME Ht)it'fE BUYERS TO PURCHASE HQME 2 Did the erganEzation undertake any significant program services during #hs year which were nat listed an the prior Form 930 or 990-EZ? ............ . ...................................................... Q Yes ®hia If "Yes H describe these new services an Schedule 4. 3 t7id the organization cease conducting, ar make significant changes in how It conducts, any program services7 ................................................................................... ~ Yes ~tVo If "Yes;' describe these changes an Schedule O. q Describe the axetrtpt purpaso achievarnents far each of the arganiaaHon s three largest program services by expenses.... Seatian 5p1(o)(3) and 60't{C)(~4) vrganizatinns and section 4947(x){1) frosts are required to report the eEYwrsn# €st grants and alloeattons tc others, the ta'iat expenses, and revenue; if any, for Bach program servie9 reporleci. 4a (Coda; ~ {Expertses$ IaotudinyyrantsoiS ~ (Raxenue$ _) 4t3 {Crtde: } (r<xpepses$ inolud6o99~isofS ? ~H9VeRVe$ 40Coda:) iEKpcasrs$ry lnoludinggraetaat$ ~ {Elavenue$ 9d Other program salvtces. (Describe to Schedule 0.) _- (Expenses ~ tnctuding grants of ~ {Reverr~a ~ ~ 4e Tota1 prograns service expenses - $ {Must equal Bart IX, Line 2&, colOmn (B).) .rva it8 99312 -rwp2eae7 capyrlQhtFormsf8aiiwareonly]-saoanv Form9S0 (20A8) $'~ brme9o[2t3Q8} T}ELRAY BEACH s~~Ml~'1i3N'xTY DEV 6~--~3$4313 Pas 4 ~{~ ~: Checklist; of i~egctired Schedules [rnnfinued) Yes Na 28 f3uring the fast year, did any person who Is a current ar former aNicer', director, trustee, ar Itay errtplayee: ~~ ~ - a Flava a direct business relationship vylth the ergantxatian [ether than as an otnca , d[reatnr, tntstes, ar ~~ ert~layee), or an lnd[rect business reialtonshlp through ownership of mote than 3S°f° 1n another entity . '~ [Individually ur callecUvsiy with other person(s) listed In Part VII, Section A}? If "Yes," camplele Schedu[s L, ~ L- _ ...................................,...,.,.,.,............,.... .. !Pactlv zaa X .. ...................... b Have a #am11y member who had a direct or indirect 12us1ness reiatlanship with the arganizatlon? If "Yes," complete Saitedula ~, Part IV , ... , . ........................................... . ............... . .. . . . 28b X C Senla aF an ntEicer, dlreatbr, trfletee, koy employee, partner, or member of an entity (or ~ shareholder of a proteaslona! corporatlan) doing business v~th the arganlzatian? tf "Yes; camplata Schedule >y Part 1V ............... 28c X 29 Dld the organization receive more than $25,fl00 in non-cash cont~'Ibutlons3 li "Yes; complete 5chedUie M , , , , , . , 29 X 34 ^Id fire orgattlzation receive cantribuflans of art, ttistodca] treasures, or eihor slmlfar assets, ar qualified conseNation canirlbtttions? tt "Yes,° complete Schedule M ................. . ................. . ...... . ..... 3D X 31 Did the organfxatlon liquidate, terminate, ar dlssoivo and cease aperations7lt "Yes," complete Schedule N. ............................................ ..................<..... Part) 34 X ................... H2 i3id ihs organization se11, exchange, dlsposa of, ar iranafer more than ~~°k of Its not assets? If "Yes," complete ........................................................... Par; 1[ Schedule N 32 X ................... , 33 l7id the organization own 10Q% of an entity disregarded as separate tram tfte organization under Rsgulafians sections 301.77Qt-2 and 301.7701 3? Ii "Yes; complete schedule R, Part ! .. . . . ..... . . . . ........ . .. . ........ . 33 X 3q Was the organization related to any tax°escempi ar taxable entity? If "Yes," complete Schedule 13, Paris ll, .......>,.....,....,.,,....,.....,.....,........................... llnai and V IEI iV a4 X , ............ , , 35 Is any related organlzaatiart a controlled entity vyithln the meaning ei aectlan S12(b)[i3)? 1f "Yea," complete ....... . ........ . .. . ............................... . ................ line 2 Part V Schedule f~ 35 X , , ...... 38 Section 5U1~u){~~ Drgiirttza#iDr18. Did fhb organization make any transfers to aft exempt non-charitable related organization? ff `h'es;' complete Schedule R, Peri V, lino 2. , .... , , , , ..... , .... . . . . . . ....................... 38 X 87 pfd the organlza6an conduct more Than ~f° of its activities through an entity that Is not a related organization and that la treated as a partnership for federal Inootne tax purpeses? if "Yea,° catnplete Schedule Fl, Part VI, , . , .. , .... 37 X JVA ~ti 99034 7YVF286$9 copyrlphtt=orms(gariwa*enity)-SO487YJ ~ Form 93Q (2(ti?8} Farm s8o ;3}JACH COMMUNI'T'Y DEV 65-D384~~.3 Governance, Management, and ©Isetosure (Sections A, B, and t; request in#armatlon abgl3t polteies not required by the Internal Ffevenus Cnds.) _-_ 5ectivn A. Qaverning t3ody and t3 k Yes I Na For each "1'es" response to lines 2 7b bsta}x, and for a "iVo" response to lines B ar eb below, describe the ` elrc9amstancea, proeessas, ar changes in Schedule O. See instructions. _ fa Enter ttls nutnt)ar of voting members of file governing body...................... , ... is 9 b i=nter the number at Voting members ih2sf ors independent .. . . ...................... ib 9 ~ ~ ~ a Did any o#ficer, director, tn3stea, ar trey ernp(ayea have a family relatlanship or a business re(atinnshlp with ~ .~. ,-~-~ ... -' or key employes? .......... . ... . ................. . ........ . ....... . . . trustee director other atiicer an x X 3 , , , y Did the organization ds(egata control over 3managament duties cststomarliy performed by or under the direct direators ar Trustees, og key employees to s rnanagament company or other person? , , , , , .... ervlslnn of officers u 3 X , s p 4 anfzation make any slgnii€cant changes to its arganizatlana[ documents since the prior i=orm 690 was tiled? Did the ar 4 X 5 g anizatEOn become aware during the year of a matetlal diverslan a# iha organization`s assets? .. . ......... . Aid the ar 5 X 6 g Does the arganizattan have members or stoakhalders? ............................ ............ < .. , ..... 8 X 7a l?acs the arganEzatian have rnembars, stockhaldars, or other persons who may elect one ar more members ..........._..........,,,,.................................... a#ihe aveming ~dy? 7a X b ............ g Alas any decisions of the governing }wady suts]ect fa apprgval by members, stockholders, or other persons?.... , ..... Ill X 8 DEd the arganlaattan contemporaneously dacutrtetltthe meetings held arwrittsn act'sans undertaken during - --- ~= ~ iha year by the following: -•- . -.:~ x,.:-;;i.: ~r=-=--- .........,.,............................................. overning body? The Ba X a t ................>.. g Eaah comm(ttea with authority to act an behalf of the governing belly? .................. . ................... $b X 3 9 branches, or affiliates? .... . ..... . ....... . .... . . . ..... . .......... anlzatlon have focal chapters Doss the ar t3a $ a p , g ff "Yes," does the grganlzatian have written policies and procedures governing the actIvitles of such chapters, and branches to ensure their operations era cons(stent vultfl thaw of the organization? .... . . . ....... N f A aff1T ates 9b ifl l , Was a copy qi the Form s9t? provided to the organization's gavarning body before It was tiled? All argarifxat<ans muss describe to Schedule o the pracass, ii any, the organization uses to review the Form 690 . . . . . . . ... . ........ 10 X i 1 Is there any officer, d[rector ar trustee, or key ermptayes ((sled (n Part Vll, section A, who cannot be reached at the organlzatian's ma111ng address? It "Yes," provide the names and addresses In 5cheduls O . . . ..... . .. . ........ f # X .Sb6tian ~. PotfolEs . Yes loo 1?a poes the organization have a written canfl[ct of interest po(ley? if "ESa; go to line ~1a ... . .... . ......... . .... . .... 'tea X b Are afffaers, directors orinzstees, and key employees requ(red to disclose annual;y interests tflat could give ..................................................N/A rtsetncanfflcis? 12b c ......................... Does the organization regularly and conslstenlfy man(tor and enforce camplianae with the policy? if "Yes;' .. ................. , , . , ... , ... , .................... NI.T~. desarlbs In Schedule o haw tills is dons 120 13 . .... anization have a written whlstleblower palIcy? ............................................... goes the or 13 X 14 g Doss the organization have a vrn'tter document retention and desiructian pnHoy? .... . .. . ...................... 14 X i6 DEd the process #or determining compensation n# the toltowing persons include a review and approval by f the deiiberatlon and decision: b t tl ti ~ = r ~__ _- s an a an o independentpersons, comparability data, and contemporaneous su :; . or tap management nftlclal? .......................... . .......... Executive Director anizatian's C1=0 Ths ar ilia X a h , , g Other officers or key emptayses of the arganlzatian? ......... . ......... . .................. • . , ... ~ .. ~ , , , . 16b X Describe the process in Sahedute O. (sea Instructtans) ~-- - ~ ' - _ _ A: iSa articE ate In a pint venture or similar arran errant t]id the arganizatlart Invest in, contribute assets in, or p p 1 ~ _,,:Nla . „ k~- . h b vrith a taxable ontltY during the yeeu? ....... ....................... ....... . ... . . ................ . .. tf `"Yes; has the organiaaUan adapted a vrritten policy or procedure requiring the organization to evaiuaie 1 sa - K hs partleipatian fn joint venture arrangements under applicable federal tax law, and taken steps to safeguard _-- '-_ _ -- ~ °~< I rho nrnani~afinn'a axPmnt statfl9 YVlth Eesr?ect fn Shall arrangerriellts? ....... . ............... . ......... ~! ~ i~ Section C. Disclosure 17 Gist the states with whlah a ccpy of this Form 99o ES required tv be bled - NC3NE i8 Section 51Q4 rsgalres an arganlzatlon to make its Forms itY23 (ar 1024 it sppltaabls), sso, and 690-T (~i(GJ(3Js only} avallabls for public inspection. indicate haw Yau mmake these available, Check all that apply. Own webstte ~ Mother's wetlslte ~ tlpan request 19 besarlbe In 5cfredule O whether (and If sn, haw), the organization makes Ks governing documents, cnnftiat of Interest policy, and tlnanc(s1 statements available is the ptlblio. 24 State the Warne, pflyslcat address, and tetepllons number of the person who passessos file books and records of the nrganlzatlon: t- See attaChmanf-. #~ ~{~Iq Q9 t39tlS$ 7WFxsa70 ~aPYnB~tParmstSatlvnreOAlyl-20o87W ~~~ ~~~ ~~~~~ Form 990(20D8] DEI.,RAY BEACH COMMUNITY D~V 65--f]384313 Page $ _ Sractlan A. Otfieera, Dlreeters, Trustees, Key Ernp[ayees, and Highest Garupensated Ernpiayees{continued) Name and itila Rverage Position {eheck stl chat a ty] f~epartable Reportable ~stlmated flours i r n I ^r n K E H c.E ~ corrrpensaiinn corrrpansattan arnountot N Fi 1 N R F E M t pM 0 p®r o U H 9 U F Y P Q M p H from #rorn related ether WBB[C I s E 'r 3 t L H P L M the Or~Anl7atlOn3 compensaton V T C 1 7 C 0 E E b E R E 7 8 E R ~ E Q r ar~8n#Z$t14n {W~2/1098-M18C} tram the i l E A C R ~ ~ T ~ (tN-21'[O9s-{'~l1SC] Drganlaa66n ~ rs n ~ anti related ~ n organrzatiuns z 1b "fotai ~ 6500 2 Tote! ntrrnber of individuals {mcius[ing th©se In ia] who received mots than $'100,000 in repartabte aompensstiort #rom the nraar-izatfon - ~ Yes TEo 3 bid #ho organization list any former agicer, director er tlvstee, key employee, or highest compensated : _ " . ~_:.. employee on Iine i a711 °Yss,° complete Schedetla J fir such individup) ......... . . . . .. . ... . ......... . ....... 3 ~ 4 f=ar any lftdividuaE listed an stns ~ a, is ihs cunt of reportable sompensatlon and nth®r compensatlort from -~""- the organization and related organizaVons greater than $i5©,000? 11 "Yes," cflmplata Schedule J for such _ .~,~' lndivlduaf ..........................~...............,....,..................................... 4 X ti Did any person listed an iirte'i rt reoelve or gccrue compensation from any unrelated organization tar ,.~ m- services rendered to the orgartizatlon7 It "Yes;' cam fete soEtedulo J for sash person .......................... e ~ Seatian i3. Independent Contrnatara 7 Complete this table for your ilea h[ghest compensated lndependant contractors that received more Than $i00,0tD0 of ....ae..,, fin".n,~, Il,e .. anF~s.S1nn ?name end business address Desctip~on 4# services Coartpansation 2 Total n~ml~er of independent carttractnrs {frtelud[ng those In i}Who received Wrote than $1Q0,[l00 in compensation tram the oCct>tplzatlap- - "; -- ,y .~ ~"¢ """ - .tv.a ©a 98078 rv~r~ senas CoyyrEpht Falma tso#tVmro Qnly) - 2aQa sv+~ dorm 990 {2co0a] 990~2Q1)$S DELRA'Y BEACH COMMUNITY DEV 65-f}383 1U a# Funet€ohal Ex Bectlnn b1314c){3} and 5(ti[aj(4) arganlzatlons nzs~st vonapteta ail columns, Afi other organizations Enu3t complete colurttn [A) but are pa! requ€rad t0 complete columns [8), [C}, acrd (Q). i3o not include amounts reported on 1[nea Bb, (A) [B) {C) D) 7ata€ expenses ' Pfograrn service Management and Fundraising 71t, 8b, Bb, and ipb of Part VEII. 1 Grants and other assistance to governrnenis and organizations in the U.s. See Part iV, llna 21 . , .. , ... . 2 Grants and other assistance to individuals In the t3.5. See Part iV, line 22 ......... . .......... . . 3 Grarrfs and other assistance is gavsrnments, arganizatinns, and individuals aatslda the li.S. See Putt lV, lines iG and 18 ................. . 4 Benefits paid to or #or members .. . .. . . . . . ........ . s Compensation of current aftiaers, dlreotars, trustees, and k~ry srnployees ........ > . , .......... 55, 500 6 Campensaiiatr net included above, tv disqualified persons {as defined under ssatlon ~}958(f}[i}) and persons dssc-ribad in savtian 4888(a}(3)(B) ....... , .. ~.Q f 2~8 7 Qther salaries and wages .. . . ............ . . ...... 22, 5t7 fl 8 Penston plan contrlbutlans (include section 4fl1[k) and saation 4o3(b} ernpfoyer contributions) , , . , , , . , . . 9 Other srnplayea i,enefits ... . .................... 3.2 , 268 ill p&yrailSaxas .................................. 4,U~.6 11 Fees for services {non-employees}s a Management ............... ................. b ~egai ............. ....................... 3 Q 0 C ACaat€ntin~ ............. . ..................... 4 , fl ~ O d t_obbying .................................... e Professional fundraising services. Ste Part N, line 17 . , f; inv$strnent managerrtent fees .................... . g Other ....................................... 12 Advertising and pramatlon .................. . . ... 895 13 afifce expenses ................ . ...... . ....... 7 , e o 0 14 infarmatlon technology ............... . ..... • . • , 15 Royalties .................................... 16 f?ccgpancy .................,,,,....>........ 47 Travel ...................................... 16 payments of trove! ar entertainment expenses far spy federal, state, pr loam public afficlals , , , , .... . iS Confsrences, canvenuans, and meetings... , . , , ..... ~, 029 20 interest ...................................... 3-9,926 xi payments to affiliates .. . .................. . . . .. . 2Z itapraclatlon, depietlan, and amortization............ 24, 858 23 insurance.,.,.., ............................. x,056 Lfi~eS Qi,•~en~r+V, 1t~131,4~ W,pe~VAV nRt covered above [#xpenses grouped togatfter _ and labs€ed rniscellaneaus rrtay net exceed _ -- -~ - . 5°Jo v# iatat expanses silavm an line 25 beiaYV.} ' -~~,` a PRQPERTY TAXES 22, 3k;6 b BUIZl3ING MATNTENCE 3r1 r 181 c RENTAL EQUIPEMENT 7, f)5g d TELEPHONE AND ~7TILTIES 5, 98]. e PRDFE$SIONAL FEEu 4,2*~0 1 All atheraxpenses ........................ ~~.. 11, 741 2s Toial iunotlanaf expenses, Add tines 1 ihrvugh24f 230, 668 2B Joint Costs. Cheek here ~ it faliov~ring SOp 98-2. Complete this lino only if the organ€zatian reported in caitrmn [B} joint costs from a combined educallonat campaign and fundraising soilcitativn , , . JVA QS 4SOitt TWF28S75 Copyr'syhiFormstSOflWareaniy)-2o~sTW $5, 200 ~ 11, 30t3 1fl 248 22,500 11,059 1,229 3.557 459 300 3,244 83.0 3 ~- ~--~ x. ~ a. :m 895 6.24q 1,560 3,725 19,._926 3.9, 640 853 22,356 8,881 5,674y5 ~, l0~ ~4, 250 _ 5, 995 213.306 3b4 4,910 213 2, 22(l 1,412 3.,196 1,046 26,659 f1 Farm 994 (loos) sc~Eat~lE_~ ~ Publ~a Chanty Stags and Plttb[ic Support a~g Na. Baas-oo~7 (Form 990 ar 990-~Z} ~0~$ Ta be aort3plated by aI! seatton bfl1{ot 3) organizat[ans and section 9947(a)(1) nonexempt a xri#abla #rusts. ^epartment ar 3tse "rrsesury lnternaERevanneserviea >r Attach to Farm 990 ar Form 990WEZ. R See separatelnstructtona. Name a# the argartixatlon I=~npioyer ldentl#laatlon numl,ar DELRAY }3EA.CH CCNIMUNITY DEVELOPM~~IT, CnRP . 5 - (l3 8431 The arganizatian is Hat a privets forrndatlan because It is: (Please oheck only one organization.) i A ohurch, convanuan of churches, or association of churches described Irl section 7T0(bj(t)(A)(i), 2 A school described In section 170(l~)(t}(A)(tt}. {Attach Schodule ~.} 3 A hospital or a cooparattva hospital service organization described in seation 170(b){#)(A)(t!i}. (Attach Spheduls }i.) ~ A medical research arganlzation operated In canjs~nctlon wit#r a hosplla! described In section 170{b)(tj(A}(III). Enter the hospitaPs name, city, and state; S ~ An organization operated #ar the penetlt a# a college or university owned or operated by a gavertrmental unit described In section t717(b)(1)(A)Eiv), (Complete Part Il) & ~ A federal, state, or local government or governrnenlal unit descnbsd in sectlotr 17tt(b){s)(A)(v}. 7 An organiral3on that nnrrnaily receives a suhstanlial part of its support from a governmental unit or from the general public described in seation i7ntbj(i)(A)(vI}, {Gamplets Part II.} 8 A aommurdty crust described in seottatt t7o{ts}(i)(A}{vl}. {Complete Part li.) 9 An afganization chat normally receives: {i}more than 33't!3 °,b of tls support from oontrlbutlons, merrrbership fees, and gross receipts tram activities rotated to its exempt #unetions--subject to oer#ain exceptions, and (z} na more than 33 X19 °t of its support from grass investment income and unrelated busine§s taxable Income {less seatlan 6'i9 tax) from businesses acquired by the organization aftsr,funs 34, i975~ Sesseatlon tifl8(aj(2). {C^mplete part li#.j t0 An organization organized and operated exclusively to test #or public safety. Sae seaitan £09{aj(4). (see lnstrttctlons) t! ~ An arganfzaFton organized and operated exclusively #or the benatl! o#, to perfarrtt tars #urtcttons a#, or tv Harry out the purposes a# ens or more publicly supported organizations described In section 5~(a)(t) nr seotlon 509(a)(2). Sea aeattan S09{a}(3). Check the t~ox filet describes?are type of euppatiing orgaratlon and complete lines tie through 11fi. a ~ Type i b ~ Type ii c ~ Type IIt-Functionally integrated d Q Type Il[-Other e Q By checking this box, I certify that the organization is Hat controlled directly or indirectly by one or more disquaiiiied persons other than foundation managers and other than one or more publicly supporter] organizations desan"hed In seation 5os(a}(-i) ar section Stls(a}(2). f t6 the organization received avrritten daterminatlon from the iRS that It Is a Type I, Type II or'type tit supporting n organization, cheek this box ...................... . . ........ . . . . ... . ... . .............................. . .... . ... t.J g Since August'i7, 2006, has the organization acaepted any gitE or contribution tram any of the following persons? (I) A person who directly ar indirectly carrtrots, either alone or together with persons described In {II) Yes tin and (ii>) Below, the governing body at the supported organlza'iton? ............................ . . ~Tl~ ttg(I) {ll) A #atniiy member of a person descrtbed in {I) above? , , ............ . .......................... N f A 9 ig(lt (iii) A 359'e contral[ed entity of a person described In {~ ar (ll) above? . ........ . .. . ........... . ....... N~A t ig(II!) h Provide the following IMorrttation about iha organizations the organization su arts. {t) Wameofsupparted fit) ~iN (iii) Typsofr~rganrxai€an lY) Isthaorganlxa4lnn {Y} Pldyaunallrythn (vi) lsthe {vIi)Arnountof organr:aUon In col, ~i) su ort grganiZatigri tdaBCrlbed nn tines 7-@ rn oot. (I) listed In yQUr arganlxa~inn in car. (t~ organized In the pp ahflYEOrEEiCSOCtt©n gaVBraingdocamentY ofyoursuppart4 Lt.s.? ~S88 lnsirrrctlons)) Yes I Na 1 Yes f=or Privacy Act and Waparwork Asduatton Act Notice, see the Instructlatts tar Form 990, JVA fl8 99flA92 7'W~2Bd7d Cupyrl~ht~ormeisottwarooaiy}•20067'W fito ~ Yes ~ No Sahedala A (Form 890 or 99fl-EZ') 2t)ii$ scH~flut.~ a Supptementat Finaf~c~al Statem~rlts (Fortn 994} - Attach to Form 890, To ha eampleted by organtzatlcns that Department ai ih s TrEAaury internal Rsvenu• Service answered'Kes, io Farm 990, Part IV, Ilnes 8, 7, 8, 9, 10, t i, ar ~~. Name of the nrganlxatlon I3ELRAY }3EACH COMMt7NITY Organlzatfons fJlalntalnlrtg [ionor Advlsad Funds or Other Slrntlar Funds or Accounts. Camplgta Ehe organization answered "Yep" #o Form 990, Part IV, Iine 6 tat [!snot advised funds (b} Funds and other accour~s i Total number at end of year ................ . 2 1ggregate eontrtbutions to (daring year) ....... . 8 l~ggregato grants from {during year) .......... . ~ Aggregate vacua at end of year ..... . ........ . 6 pfd ilia organization infarrrt cif donors and donor advisors in writing that the assets held in donor advised #unds are the organization's properttr, subject to the arganlzatton's exciusiva Legal canirai? . . ... . . ......... . ....... 0 Yes ^ No 6 t)ld the arganizatioq inform ail grantees, dannrs, and donor advisors In writing That grant funds may ba used only far charitable purposes and not for the benefit of ilia donor or donor advisor ar other lmpermisslhle private beneilt? , ...... ~ Yes Na ~_~_ ; ~ ;. Conservaltan Easem®nts. Complete #1 ilia arganizatlan answered "Yes" to Farm Ego, Part IV, tine 7. i Purpose(s} of conservation easements held by the orgartlzation (check ail that apply}. Preservation of land far pub}ia use (e.g„ recreation or pleasures} 8 Preservation a# an hlstarlcaiiy Important land area Protecllan of natural habitat Preservation of cetUtled histor#o structure Preservation al span space 2 Complete ilnes 7a~2d It the arganizatlort !raid a qualifrad canservattan t;onhtbulion In the form of a cansarvatian eassrrxattE an the cast say at rite tax year, Held at the End of the Yoar - -- - -- aTotal number at cansetvaSon easements ............... . ... . .. . ... . .. . ....... . ........ 2a W..T..T is Tatar acreage resirlctsd by cvnservatian sasetnents ............. . ... . . . . ................. 2b c Number of consatvaElon easements an a certified historic structure Included in {a) ............... 20 d Number of conservation easements included in {a) acquired sitar 81171os .. , . , .. . . . . . .. . ...... 2d 3 Number of canssrva3ion easements rrlaQitied, transferred, released, extinguished, or term]nalad by Eho organization during the taxable ~. year > • 4 lumber of stator where praperlyr subject to cariservation easement is !abated > -- 6 Does the organlzafiott have a wrirton policy regarding the periadia monitoring, Inspection, vlaiatlans, and u enforcement of the conservatiatt easements it holds? . ... . .... . . . .................. . . , , , .. , , ............ , . ^ Yes ^ Na S Sta#t or volunteer hours davotad tta man#toring, Inspecting, and enforcing oasements dtrring the year > 7 AmounE of expenses incurred In n3anftoting, inspecilrtg, and enforcing easements during the year > ~ '.: t# Does each canservaGon easement reperted cn Ilna 2(d} above satisfy the requirements at seo8an ...............................................,.,,......... Yes tJo 170(h){4){f3){f) and section 170{h){4}(B)(Ii)? ^ ^ 9 In Part }CN, describe how the organization reports conservation sassmenfs In Its revenue and expense statement, and balance sheet, and Include, if appiic-able, the text of the toatnate to the arganizafian's financial statomar€fs that describes fire argattizatian`s accounting for ransenlaUan easements, ~`iC 4rganlzailons Malntalning CollecElons of Art, Hlstarlcal Treasures, or Other Slmllar Assets. Complete It the organization ansvsrerad "Y$s" to Farm sea, ParE N, tines. i a 1t the argani'zatlon eleoted, as petmltled under SfaA311 s, not to repari in its revenue sfaternent and balance sheaf vrarks of art, histarlcat #reasures, or other similar assets held for public exhlb~an, eduaatlon, ar research In furtherance of public servlca, provide, In hart XIV, the texE of the lab?Hate to iEs iinanclal statements that describes These IEartts. b !f the organization elealed, as permitted under5FAS i1E, to rspari in lie revenue statement and balance ~he~tworks of art, historical treasures, ar other similar assets held Tar public exhibition, eduoatlon, ar research In furtheranoa a# public sorvlco, provide the following amounts relating to ihasa items: ~.° {I} Revenues included in Farm 990, Part VI11, lino i . . .... . . . ....• ....................... , ...... , > ~ (tl} Assets inctuded in Form 9sfl, Fart X . ..... . ........... . . . ............... . ......... ...... - ~ 2 If the organlzatlan received ar hold works of ari, historical treasures, ar other eimitar assets far financial gain, provide the fallowing amounts required to be reported under SFAS 115 relating to these items: ' . a t~evanues included In Farm 990, Part Vlll, Tina 1 ................. . ... . ........ . .. . ........... . .. - ~ . b Assets included In 1:orm sea, Part X ......................... . . . . . ~ ....... , .................. > ~ - trot i'rlvaay Act and Paperwork Reduction Act Notice, see the fnstrtrctlons far Fot~1t ss4. Schedule D (Form 990) X008 ,NA pU 984#)'1 Tr+YFZSesa CupydyhtFormstsof9wareOnly)-2uoanrr DEVELOPMENT, C012P . I 2D08 Employer Idsntlficatlon number 5~~-084313 8ch$duteQ(F>Jmt98a)2aa9 1JELRAY BEP,CH C©MMUNI`I`Y DEV 65-(}38437.3 µ ~~ - lrlvestmsnts -- t)ttter 5ecerrfifes. See Farm g@Q, Fart X, line'!2, {a) Descrlplion of security ar category lb) Book value (c) Method atvsluafioh: (lnciud[ng Warns of security} Cost or end-af-yea~'sr~a~iteivalue Financial der{vativas and other financial pradrrcts . , . , .. . aasaiy-held equity interests .............. . ....... . ether 3 ,~ 'CQiat. {Column [6}ahauld aqua! Farm 9&©, Pbrrx, col. {H) floe 12.} ~ _ _ _ lnvesiments -- program Retxted. See Foml ssa, Pare X, tine 9s. =ay t1e8Crlpttan of inv8stl~nent type {by f3aok value {c} Method ai vaiuativn: Gasi orend-of--year tnesicet valrse SE'.E'. ~1;. .~ stet. {Colun S ahoutd equal Fens p9d, E'artX, ear. {H] Flna 13.} ~ I , t3 ].9 , 45 9 Oitrer Assess. Sea Fatm asa. Part X, line 75. fee at=tachtttent #4 7oiat. {Column (b) shouid et{uai ForRt e9a, PAfiI X, Cat. (t3) tine 15,) ........ , _ .- _._ £~fher LlataitIties, Bea Form s9a. Part X, tine 25. {a) t3escrl #iatt of liability (b) ,R!'rlasrnt Federal incx~rrre lazes Bao[c value 242 See a~tachmeni; #~ Tgtal. {Column {b} ahoutd equal Farm 890, Part X, col, t~}nna ss.) > 5 x 0 0 b `' in mart XiV, provtda itta text of the taotltata to the arganizalion's finsncEal statemsnis itlat reports the organizatto~ s i3ability tar ancer4ai» tax positions under FiN ~48. .tVA dB $90153 TwF~aaez CnpyriphtFarmsiSnftwaro0aly}~Z009Tw 5at~edula~f(Form880~2Q06 ATTACH [VI EVT D Copy of most recent audit and current financial statements :~i ~' ti I7ELRAY BEACI~ COMML7NITY DEVELOPMENT CORPORATION' _- STATEIE~NT OF ACTNITIES - Fair the 'Yeax Ended Decsznber 31, 2007 ,` F : Temporarily Unrestricted Restzicted REVENUES AND PUBLIC SUPPORTS: Grant Contributions Rents : Development incazna Charge for services Merest Total Revenues and. Public Supports EXPENSES AND LOSSES: Payroll and payroll taxes Interest Insurance Prafessionai fees Property taxes . Rent Leased equipment _ _ Repair and maintenance 1vlaintenance assessment Telephone and utilities . Seminar and training Travel azad rn$eting Office expenses - Contribution Program services License, permits and dues Speaisl events Credit report and bank fees - Depreciation-and amortization Other Loss on assets held for sales . Lass an investment Total Expezxses and Lasses Change in ~Iet Assets Net Assets -Beginning of Year aet Assets -End of Year $ 16,657 47,000 97,483 26,562 1,693 . 563 189,968 113,032 71,383 28,32 114 14756 10,921. 9,945 . 1,100 5,523 5,225 1,454 487 1,957 1,980 40,832 13,006 781,493 1,210,502 (1,020,534) 1,159,528 $ 13 8,994 Total - $ 16,6b7 - 47,000 - 97,483 - 26,562 - 1,693 - 563 189,958 - 113,032 - 71,383 - 28,326 - 11,442 - 59,079 - 3,978 7,131 - 27,081 - 14,156 - 11},921 - 9,445 - 1,100 - 5,523 - 5,2.25 - 1,464 - 4S7 - 1,957 - 1,980 - 40,832 - 13,111}6 - 781,493 - 961 3o0,aoo $ 3oo,0ao 1,210,502 ' (1.,020,534) 1 459,528 $ 438,994 See accompanying nofes fo ~nancia! statemenFs. -3- DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS December 31, 2007 NOTE A. - flRGANIZATI4N Delray Beach Community Development Corporation ("CDC") was established and incnxporated in September 1992 in the State of Florida as a nonprofit organization to promote residential and commercial development and revitalization, and to stimulate investment, economic and social development in the area ofDelray Beach, Florida. - NOTE B -SUMMARY OF SIGNYFICANT ACCOUNTING FOLICIRS Basis of Accounting -The f nancial statements of CDC have been prepared on the accrual basis of accounting and in accordance with generally accepted accownting principles. Property and Eq~ment ~ Property and equipment are capitalized cost or if donated, at the approximate _ fair value at the date of the donation. Depreciatson is computed iiig primarily the straight-line rnethnd over estimated useful life. Income Taxes -The CDC is tax-exempt under Section 1(c)~3) o ~ e Internal Revenue Code and is exempt from federal and state income taxes, and th fo no provision for income taxes has been recorded in the financial statements. Financial Statement Presentation -~ The CDC a ernent of Financial Accounting Standards {SEAS) No. I1?, "Financial statements ot- -Profit Corporations." Under SFAS No. 117, organization is required to report info on d ~ i its financial position and activities according to three classes of ne# assets: unrestricted se emporarily restricted net assets, and permanently restricted net assets. A# December ~ 7, CDC had. a temporarily restricted net asset in the amount of $3fl~,000. Aceountin~ Estimates -The- prepay of financial staternenis in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities, disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from. those estimates. Revenue Recognition -Contributions received axe recnxded as unrestricted, temporarily restricted, or permanently restricted support, depending on the existence and/or nature of auy donor restrictions. Grants unless restricted are recorded as revenue when the grant received or when the related costs are incuzxed. - All donor-restricted support i.s reported as an increase in temporarily or permanently restricted net assets, depending on the nature of the restriction. When a restric#aon expires (that is, when a stipulated tune restriction ends or purpose restriction is accaxz~plished), temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions. - DELRAY BEACPI COMMC}NITY DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS December 31, 2007 NOTE F -- INVESTMENT IN PARTNERSHIP Investment in partnership represents CDC's ownership interest in Atlantic Grove Partners, LLC and Phoenix Place, LLC, The LLC's wexe formed for the sole purpose of acquiring, owning, designing, developing, operating, selling, leasing and otherwise dealing with real property. A principal goal of the LLC's is to revitalize and redevelop property in Delray Beach, Florida. At December 31, 2007, the balances of partnerships were $121,092. and $20,000 respectively. NOTE G ~- OR-ANT PAYABLE The CDC received a refundable grant from the Local Initiatives Support Corporation ("LISC") in the amount of $25,000. The CDC has paid $10,000 and amount of $10,000 was forgiven by LISC in 2005, the outstanding balance of this grant at December 31, 2007 was $5,000. NOTE I3 - N©TE AND LOAN PAYABLE 1 - On June 22, 2005, the CDC obtained a loan from cal- _ 'datives Support Corporation {"LISC") in amount of $775,000. The proceeds of'this loan were us - o acquired and develop six low or moderate income housing apartnxents. The principal of $1 ~ is and payable upon closing each unit with ~- maturity data of July 1, 2007 and interest is seta ~ = per annum and it is payable quarterly. The loan is secured by apartments. On July 1, ~ the = ~ C modified the term of tlae loan based on CDC's intention to borrow $550,000 from P ea Co ~ tY Housing Finance Authority ~"PBCHFA"}. The ~' remaining balance $225,000 of the loan bordinate to PBCHFA's loan and interest set at 5 percent per annurri. As of Decezxib ~ , > 0 , ~ e PBCHFA's loan has not been approved. 2 - On September 20, 2006, the Cob ed a revolving pramissoiy note from a bank in amount of $300,000 with maturity date of Dec ~ 20, 2007 and interest set at $ percent per annum. The note is secured by CDC's office building and e Merest is payable on 20~` each month. At Decexriber 31, 2007, the outstanding balance of this loan was $299,41 i. . Oxz Mareh 20, 2008, the maturity of the note extended to December 31, 2008, however, the CDC - . defaulted on principal payment and the interest rate increased to 10 percent. CDC is seeking to extend the maturity of the note, as of December 7, 2009, no extension has been granted. 3 ~ On May 23, 2007, the CDC borrowed $230,000 from an investment partnership with maturity date of May 23, 200$ and interest set at zero percent per annum. The proceeds of the note were used to purchase a property in Delray Beach. At December 31, 2007, the outstanding balance of this note was $230,000. CDC-unable to pay the principal on due date and is seeking to extend the maturity date. NOTE I - TEMPORARILY RESTRICTED NET ASSETS In 2002, the CDC received a grant in the amount of $300,000 fro~rn Palm Beach County, The purpose of this grant is to create and maintain certain jobs in return for the investment of the grant income in Atlantic Grove Partnership, LLC. The grant requires maintaining all the jobs for three years from the data of issuance of certificate of occupancy. ,, INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL 0~7ER FINACIAL REPORTIl~Cr AND ON COMPLIANCE AND OTHER, MATTERS BASED ON AN AUDIT OF FINANCL4L STATEMEI~TT~ I'ERFORNIED IN ACCORDANCE WITH GOVERNMENT AUDITING ~'I'ANDARDS To Board of Directors Delray Beach Community Development Corporation Delray Beach, Florida We have audited the financial statements of Delray Beach Community Ueveloprnent Corporation {"CDC") ~a nonprofit organization} as of and far the year ended December 31, 2007, aJxd have issued our xeport thereon dated December 7, 2009. We conducted Duct au ' '~ accordance with auditing standards generally accepted in the United States of America and andards applicable to financial audits contained in Government 14u-cl'itang Standards, issued by theme rnp :. ~lex'Gez~eraJ of th.e United States. internal Control Over Financial lte r~rtin In planning and performing our audit, we co: basis far designing our auditing procedures statements, but not for the purpose of exp f nancial repartiug..A.ccordingly, we do ~ t E control over ~.nancial reparti~g ~C's~ternal control. over fna.ancial reporting as a p of expressing our opinion on the financial. effectiveness of the CDC's internal control over pinion on the effectiveness of the CDC's internal A control defciency exists wl~ :the de ~ or operatio~a of a control does not allow management or employees, in the normal course o > - o - g their assigned unctions, to prevent or detect misstatements on a timely basis. A significant deftc y is a control deficiency, or combination of control deficiency, that adversely affects the CDG's ability to initiate, authorize, record, process, or report fir~anncial data reliably in accordance with generally accepted accounting principles, such that there is more than remote likelihood that a misstatement of the orga-nization's financial statements that is more than inconsequential will not be prevented or detected by the CDC's internal control. A material weakness is significant deficieucy, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements -will root be prevented or detected by the CDC's internal control, . Our consideration of internal control over financial reporting was far the limited purpose described in the first paragraph of this section and would not necessary identify all deficiencies in internal control that might be significant deficiencies or material weakness. We did not identify any deficiencies in internal control over financial reporting that we consider to bematerial -weakness, as defined above. r' ©elray Beach Community Development Garp Statemenf of Financial Position December 31, 2049 ASSETS Current Assets WAMU - Atl Grave f~ental #41 x(1685)$ 11.}.00 Cash - WAMU(Seaurity Deposifs)(3470) 5.fl0 Cash - WAMU l3usiness(1918) 741.25 Cash - WAMU RerYtal(9951} 29.53 Cash - WAMU laortstructlon(8987) 11.88 Cash - WAI~IU(7386) 10.00 Cash - WAMU499a 9.48 Prepaid Expenses 6,309.56 Vllork-In-Process 19,3i}t1.78 ~t~rlc in-Process - SW 13th Ave 24,•487.65 Total current Assets 50,911.93 Fixed Assets Computer Equipment 18,985.36 Equlpment & Appliances(Rental) 785.fl0 Furniture & Fixture 29,596.28 Furnlfurs & Fixture - At! Grove #415 7,99'1.65 011ice Equipment 7,444.79 C7ttice Equipment - Ati Grove #415 1,834.fl6 1_and 1,Oav.40 Building Improvements 93,462.44 _ Building ImprovementstRentai) _ 72,415.82. _ Buiidings 720,1312.39 Less: Accumulated Deprec <8,850.88~ Total Fixed Assets 944,8'7x•5'! Qther Assets = or Sale 1 Investments -Property Heid i ,612,426.39 -~ investments - Atl Grove LLC '125,642.60 Investments -Phoenix 20,440.(14 Deposits '180.0[1 ~` Intangible Assets (net3 6,542.211 Total cOther Assets 1,764,791.16 Total Assets $ 2,760,381.64 LIABIi_ITIES ANt~ NET ASSETS Current Liabilities Accounts Payable ~ 3,$23.47 Accrued Expenses ~ 52,504A4 I-ISC Grant Payable 5,400.04 WAMU Bankcard Payable 23,412.45 - Payroll Taxes Payable 19,544.04 _ Total Current Liabilities 103,875.92 Long-Term Liabilities = PRi=FARED FROillf BUCKS ANt3 RBCORi~S V~11THC~UT AUDiT Delray Beach Community Deuelapment Corp Statement of Activities For The Quarter Ending December 31, ZD09 Current Qtr. Year t4 Date Revenues and Other Support LISC Grant _ Restricted $ 23,37DA0 72.31 ~ 23,37p.pfl 24.18 Unrestricted Grants - HSgC D.DO 0.00 3,50p.Op 3.62 Restrlctecl Grants fl.00 0.00 10,ODD.D0 10.35 ~testrlcted Grants -Board of PBC O.DO O.Dp 30,ODD,00 31.D4 Deualopment Income 2,5Dp.04 7.73 15,000.00 15.52 ApplicatlonlCredit Report FeeslR 90.D0 0.28 748.21 D.77 Fareclasure Gaunsel]ing [ncome 6,360.75 19.68 14,020.83 14.51 Rental Income ~ Sll~l 2Dth Ct. 8,7sfl.00 27.D7 49,851.DD 51.58 Rental [ncome - Atl Grove #D15 7,500,00 23.20 91,510.00 11.91 Total Revenues & Support 48,570.75 154.28 158,000.04 163,50 Cost of Sales 0.00 O.DO 0.00 0.00 Gross Profit 48,570J5 9 5D.28 158,000.84 1 63.50 Expenses Bank Charges fl.00 0.00 34-6.00 0.36 Computer Expense 500,D0 1.55 5D0.00 fl.52 Gredit Report Expense D.DO O,DO 592.98 fl,61 Donations O.DD a.00 2DD.OD 0,21 Dues & Subscriptions 3,208.57 9.93 3,377.49 8.'15 Dues & Subscriptions(#A15) 1,839.64 5.09 4,232.34 4.38 Finance Charges 936.93 2,9D 2,64"1.92 2.73 Insurance ~ Liabiiity(Rentalj 3,575.30 11.06 14,680.22 15.19 Insurance -Board of ©Irecfiors 1,Ofl6.flp 3.11 1,OD6.{70 1.04 Insurance -Health O.Op 0_Qa 1,094.00 1,13 Interest F~cpense 2,502.75 7.74 ~I8,032.54 18.68 License & Permits(Renta]) 660.flp 2.04 6E,p.pp 0.$8 Meetings O.flp 0.00 200.00 0.21 Office Expense 88.95 0.28 9'15.54 0.95 Professional Serrrlces - Accaemti 3,500.00 10.83 4,fl00.p0 4.14 Professional5ervlces 10,25Q00 31.71 46,229.82 47.83 Professional Services -Legal 4,OOO.D0 12.38 4,OOD.Op 4.14 Professional Services -Other O.DO O.DO 2,000.00 2.€l7 Repairs & Maintenance OAO 0.00 504.50 (3.52 Repairs & I~Iaintenance~Rental} 3,64fl.flD 1'1.28 $,136.D0 8,42 Ren# - Equipment 1,234.92 3.52 3,891.71 4.03 SeminarslGonferences fi95.00 2.15 2,070.00 2.14 Taxes - t3fiher 0.00 DAO "122.50 0.13 Telephone 1,180.80 3.85 4,#}47.17 4.19 Training(Education Serninars f3.OLt O.fl0 1,50fl,flp 1.55 Travel Expense 0.130 0.00 181.39 fl.97 Utfllttes Expense 57G 19 1.78 2,916.87 3.132 Utilities Expense(Renta]) 9,266.74 3.92 3,fl94.72 3.Zp t.ltilities Expense~Rental #015) 727.32 2.25 873.26 0.90 Utilities F~cpense -Cable 525.53 1.63 1,842.09 1.6G Penalties O.Op fl,Op 25.00 fl.03 Total Expenses 41,914.64 129.68 138,145.95 142.95 Prepared From Books and Records 1Nithout Audit pE~~AY ~3EAGH C,Q.C. t34110110 Balance Sheet As of t~~t:~mber 39, 2849 t~ec 31, •as ASSETS Curren[Assets Cheats€ngfSavings 1001 • WAEVfU-AtI Grove I~tarstai#©16{1585) 10,00 1004 - tIIfAMU - SEC~IRtTY 371=POSITS{3A7F!) 5.00 1Ot35 • GASH - WAt4f€iF t3U51NES5(1918) 741.26 1006 • GASH -VrfAAl~fU RENTAL{3951 29.58 10x9 • CASH - WA~+It7 CONBTRUCTIOh€{&857) 11.88 1017 • GASH -WAtylt][7386) #0.00 7012 • t;ASH - WAE~tU~499b 9.48 Total CtleekingfSavir~gs 81&.94 Other Current Rssets 1260 • pf2t:PAtFs EXPENSE5 8,309.58 1275 •WORK-iN-PROCESS 19,300.78 4275.1 • WOR€S iN PROGRESS - SW 78#h Ave 24,4F3"/.85 Tntat Other Current Assets 50,p97.99 Totat Current Assets 50,914.93 Fixed Assets 4480 • C(3I~tPUTE€Z I=QU€Pt~AENT 9 8,983.36 144€3 ~ • i?QU€Pf~it:l4T-RENTAL{5W 20th CT) 785.00 -€42[1 • EL#RtfITURE ~ F€XTUtiEB 29,596.28 '1420-2 • fs~rnittlrc & Ffsst - Atl Grove015 7,99'1.65 1430.OFFlCE Ei1tf3PlIIfENT 7,444.79 145fl-2.OtficQ Equipt- Atl Grote fl15 1,834.06 1464 • LAN- 1,000AO 1470 - LEAST=HC3tD 1MPROVEEIBENTS 93,462.44 1470-7 •LEASEHOLD IMpEiOVt~MENTS-RENTAL 72,4'15.82 1480 • HtllLD1NC5 720,012,99 1500 • ACGUIVI. DE=P. - COffiPUTER EQUIPTNlI= -5,260.00 1520 • ACGUM DEP. - FURNITURE 8, FtXTUR -475.00 1x50 • ACCUl44 DEP. -OFF€CE EG1UlPMENT -3,'I15.88 Tatat Fixed Assets 944,875.St Otfi~er Assets 1600 • tNVESTEytE3~tT5 - PFtOAERTY! RESALE 1,612,428.38 17150 - it1VI;ST1if61=NT5 » A'fL GROVE tLC 425,B42.Bfl 1760 • €NV1rST€V1ENT - PHt1~liX 20,000.00 1770 • LOAN t=EE 8,411.40 1780 • ACCUM DEP - tOAN FEE -1,868.20 1950 • a>rPOStTS 950,0© .. 1950.1 • pepasit - Renta[ 30.00 Totat Other Assets 1,784,791.16 TOTAL ASSETS 2,780,381.60 LIABttiTIES S EGtUiTY t_iahiltties Correct Liabilities Accounts Payable 2000 • ACGC3i3T+lTS PAYABLE 3,823.87 Zg06 • ACCRiIED EXPENSES ~ 52,540.04 2015- VffASHINGTOi~I t4EfUTUAL- MASTERCARD 23,012.06 Tots! Accounts Payable ~ 79,335.92 Other Current tlabilitjes 2230 • SOCIAL SECURITY TAXES PAYABt.E 8,060.00 2240 • NIEDtGARE TAXES PAYAetE 1,885.04 225{1 • Payroll Tax Deposits 9,585.00 . 2450 • LOAt~I PAYABLE - CARtJIELITA SMITH 6.585.00 T©ta1 Other G[urent Llabllities 28,225.0€} Totat Current Lisbiiittes 105.5&0.92 Page 4 DEtRAY BEACH G.D.C. Pro~~~ & Lass January through December ~Q09 Jan - Dec'li9 Ord[nary IncomeFExpense Income 4D02 • LESC GRANT - RESTRICTEp 23,370.00 4Di1 • NSBC 3,5fli1.04 40A0 • GRAI~ITS - RESTFtfCTED 4D49.6oard Of Patin Sch Country Comm 3Q,o0aAQ 4D55.Other 1 x,400.04 Total 404Q • GRANTS - RESTRICTED 40,000,04 418D • E7EVELQPNfENT 1NGONtE iv,400.OD 4490 • APPf_[GATlU~f3OR1=1]IT F2EPt}R7 F£1=S 74A.~9 419t3 • Fo:eclosure Cot~nseltittg inacme id,020.63 4408 • RENTAL INCL711dE - SW 20kh Ct, 45,851.DO 46D0 • REHTAL.INCK3NiE-ATL t3ROVE~016 1i,S10.D0 Tokal Income 156,ODD.04 Gross Preflt 158,000.04 Expense 5220 • BANK CHARGE 348.£10 6270 • CCMPi1TER EXPENSE b00.00 629p • CREptT REPORTS 592.9$ 5320 • pONATIONS 20Q.DQ 53511 • L}t1ES S~ SUBSGREPTtONS(~01B) 7,877.49 5353.13UES & SUBSCRIPTlONS(~016) 4,232.34 6355 • FINANCE C]iA12GES 2,$41.92 5410 • INSURANCE 5411-1 • LIAHit,1TY INSURANCE -RENTAL 14,680.22 5472 - 6OARp OF ptREG'rORS 1,fl08.04 5413 • HEALTH 1,fl94.fl4 Taka15410 ~ IN3UFtANCI= 1t3,78Q.22 644D • INTEREST' EXPENSE '18,032.54 5470-'# -LICENSE $, PER!ltf1TS -RENTAL. (160.00 5510' MEETINGS 240.40 5540 ~ OFFICE EXPENSE $i5~B4 5592 • PROFZ:SSIONAL FEl=S - ACCOUNTtNf3 4,UDD.40 5598 • PRCt~ESSIpNWL SEFtVICE8 46,2?1.52 S59T • PRC?FESSIONAL SERVICES - LEGAI. 4,ODD.fl0 669$ • PROFESSIONAL FEES -OTHER 2,000.fl4 5835 • REPAIRS & NfA[NT~ANCE 504,54 5835-4 • REPAIRS & MAINTENANCI; - F2ENTAl. S,i36.OD 5550 • RENTAL EQUfPN1ENT 3,891.71- 5661 • SEMINARS{CONFERENCES 2,D70.00 571tfi • TAXES -OTHER i22.5D 672{! • TI+LEPtI©NE 4,047.17 6740 • TRAINENGIEf3UCATION SEMINARS 1,500.00 5770 • TRAVEL 161.39 580D • UTILITIES EXPENSE 2,915.87 5800-1 • UTRITIES EXPENSE - RENTAL 3,094.72 680Q-2 • UTILITIES EXPENSE .. RENTAL ~D~IS $73.26 5810 • ilTILfTIES EXPENSE -CABLE 1,6Q2.49 &400 • PENALTIES 26.OD 71100 • *Uncategorized f_xpenses . 0.00 Total Expense 13$,145.96 filet i3rdlnary Income hteY Incs~me 19,654.08 19,854.138 Page 1 Delray Beach Community Deveiapment Corp Statement of Financial Position December 37, 2048 Total Current liabilities 743,680.&~ Lang-Term Liabilities Lean Payable - Carmelite Smith 6,685.40 Loan Payable - LISC P!L 775,044.1)0 Loan Payable - l=~fth Tbird Bank 299,47 7.41'l Loan Payable - i3LF of Palm E~eaches 75,1)40,40 loan Payable - CRG 234,{i0(1,40. Loan Payable - HS€3C CreditlJne 50,040.00 Security Qeposits ____ _ 5,00,00_ Tots! Lang Term Liabilities _1,441,4964t~-_ Total t,ia6iiities 7,544,756.95 Net Assets Beginning Fund Balance 7,340,377.47 Excess of 5upp~irt over Expenses <942 782.27> Total Net Assets 9,197,555.20 Total Liabilities and Fund Equity $ 2,742,372.75 PREPARiwQ FROM 13C}OKS Al3© RECORbS WJTH©UT AUaIT De{ray Basalt Gummunlty 13evalopment Corp Statement ai A~rlties >`or The Quarter Ending Uecem6er 3~ t 2p08 Currant Qlr. Year tt~ Qate Taxss - Froperly(Rertlal) • €x.00 11.00 11,$88,54 22.57 Telephone 8+46.78 1'i.8g 3,818.95 S.d9 TraininglEducakton seminars i1.80 fl.178 ~45p.{30 8.87 Travel Expense 9'IflA3 +R,68 9,3d•i_88 2.G2 _ Utilities Expense 63d.BB 3.91 2,364.99 x.57 Utilities f=xpense(Rental} 508.73 3.14 '1,472.23 2.85 Ut+iit€ea Expense(Renfal #d15~ ~ 497.68 3.0a 7'S9,p3 1.47 .. tJtlllties expense - Gabte 675.54 4.47 2,p5S.18 3.97 payroll Tax Expense ~(~.Q4> p.00 4 €t16.22 7.76 . Tofal Experues 8&,455.91 545.24 271998.15 825 fib Other Revenue and Expenses 8 ~p d.t10 tl.t~t] 8.(30 increase (i]ecrease~ In Net Assets ~56,$v5.B9>{352.85> <142,752.27~278.9k3> prepared Farm Baalcs end Reanrds Without Audit DELRAY BEACH CC)MMUi<lIT~ ]?EYELflFMENT C+QRPQRAI'~fll~i BUARD (lF DOCTORS - Charles Broadnax -__ 712 Golf Co~zrt Delray Beach, FL 33445 I.tetirerl -Resident Geflrge't~itliarns l31 ~ 4a' Avenue Delray Beach, FL 33494 Retired -Resident Yvonne Odom 3905 Lawson Blvd. Delray Beach, FL 33445 lVliclclle School Teacher Amanda Potts 202 ~IW 14a' Avenue Delray Beach, FL 33494 ~' Community Day Care Provider ,s~ :~ Belinda $arker 613 SW 8'~ Avenue Delray Beach, FL 33444 Community Resident Bobby bells 111 NW l 1a` Avenue •. Delray Beach, FL 33444 Building Subcontractor . Carol l"ioward Washington Mutual 10I0 S. Federal Highway Delray Beach, FL 33483 Assistant 'VP,Financial Center Manager George Elmore -~ ~~ i ~QV~ f Hardrives o~Delray 2101 S. Congress Avenue Delray Beach, FL 33445 Business t~ivner ~~~ Patricia Walker 2225 S. Congress Avenue Nest Patin Beach, FL 33486 Goad Coast Federal Credit Union VP Ann Wright 102 SW 13`~ Avenue Delray Beach, FL 33444 Florida Atlantic University Attachment G Financial l~formation The GDG is awaiting letter from auditor. Chubb Group of Insurance Gompaniies - 15 Niouratain View Road Warren, New Jersey 07059 ~H1.JISF3 DEI ForeFronl~ Pot-tfofioS"' Fnr mot for Profit ~rganizat~ans Genera( Terms ar~d Conditions Sec€ian F>;DERAL INSURANCE COMPANY A stock Insurance company, incorporated under the laws of Indiana, herein called the Company Capitai Center, 251 Narth iiiinois, Suite 1100 Indianapolis, IN 46294-1927 Policy Number: 8189-5593 THE DIRECTORS AND OFFICERS LIABILITY AND ENTITY LIABILITY, FIDUCIARY LIABILITY AND EMPLOYMENT PRACTICES LIABILITY COVERAGE SECTIONS ~V1IHICHEVER ARE PURCHASED) PROVIbE CLAIMS MADE COVERAGE, WHICH APPLIES ONLY TO "CLAIMS" FIRST MADE DURING THE "POLICY ~" PERIO©", QR bURING ~I APPLICABLE EXTENDI~D REPORTING PERIOD. THE LIMIT OF LIABILITY TO PAY DAMAGES OR SETTLEMENTS WILL BE REDUCED AND MAY BE EXHAUSTED UNLESS OTHERWISir PROVIDED HEREIN, BY "DEFENSE COSTS," AND "DEFENSE COSTS" WILL BE APPLIED AGAINST THE RETENTION. IN NO EVENT WILL THE COMPANY BE LIABLE FC3R "DEFENSE COSTS" OR THE AMOUNT OF ANY JUDGMENT OR SETTLEMENT IN EXCESS OF THE APPLICABLE LIMIT OF LIABILITY, READ THE ENTIRE POl.1CY CAREFULLY. Item 'l. Organization: Defray Beach Community Deveiopment Corporation Principal Address: 44fl UV Atiantic Ave, #400 Norflt Trust Banic Defray Beach, FL 33444 (tem 2. Policy Period: (A) i'rorr~: 12:01 A.M. on Septemt~er 1, 2008 (B) T©: 1201 A.M. on September 1, 2010 .. Locai time at the address shown in item 1. Ikem 3. A Combined Maximum Aggregate Limit of Liability is appiical3le: ^X Yes ^ No The Corr-bined Maxirr~urn Aggregate Limit of Liability for ail Clams under ail Liability Coverage Sections each Policy Year snail be: $1,Op0,Ofl0.aQ Item 4. Coverage is available for the follov3+ing only: ^X Yes ^ No Directors & Officers Liability and Entity Liability Coverage Sectifln 0 Yes ^ No Employment Practices Liabiiity Coverage Section Yes ^ Igo Fiduciary Liability Coverage Section ^ Yes ©No Crime Non-Liability Coverage Section ^ Yes ^X No KidnaplRansorn and Extortion Non-Liability Coverage Section 14-02-10190 (Ed_ 1112004) Page 1 of 12 A#firmatir-e Marketing Plan A,TTAC H M ~ N T L Acceptance of Rroposal Terms and CQnt~~fiions ATTACHMENT M Addenda Acknowledgement STANDARD F©RM flF AGREEMENT BET~tfEEN CITY AND CflNTRACTQR THIS AGREEMENT made this day ofi ______ __ -- , 20^, by and between the CITY OF DELRAY BEACH (hereinafter coiled CITY) and Day B~a~~ cacnmunity ~e-+re~.ap~ent Core. {hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1, The undersigned C{)hITRAGTOR hareby represents that he has carefully examined all 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 #urther acknowledges that the bid price includes all costs and expenses required for the satisfactory completion pf the contracts requirements. 3, The contract between the CITY and the GONTRACTpR include the following documents which. ere attached hereto and incorporated herein by reference of the following: CONTRACT ©flCUMENTS I~AGIE NUMBERS lntroduotlart to !'ropossr Invitation to Sid Cane of Silence lndemnitylHold Harmless P.greement Drug Free Workplace Certification Section ~: Overview of Request for Proposal Section 2: General Terms and Cond[tlons Section 3: Evaluation Process and Criteria Section ~k: RFP Eligible Programs Section 5: Genera! lnstructidns far Proposal Preparation'ant! ©elivery Section 8: Propcsal Documents (Part 1, 2, 3 and 4) Standard Form of Agreement Bid Signature Page Statement of No Bid xz+i? No. !2-zotONB Rental and Hnmebuyer Disposition Services 1 2 3 5 B-7 ~-11 1~ 'E 3 ~ "14 'l~-1fi 'l7 - ~6 Z7 - 3t 32 33 ~~ and employees, frvrn yr an account of any liabilities, damages, irises and costs received ar sustained by any person or persona by or in consequence flf any negiigence (excluding the sole negiigence of the CITY}, recklessness or intentional wrongful misconduct ref the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless ar intentional wrongful misconduct includes, but is net limited to, use of any improper materials or iiabili#ies, damages, losses or costs caused by yr on account vt the use of any improper materials. CONTRACTOR agrees that negligent, reckless or inters#ivnal wrangful rniscanduGt also includes but is net limited tv the violation of any Pederal, State, County or City caws, by-laws, ordinances or regulations by the CONTRACTOR, his subcantractars, agents, ser~tants ar employees. CONTRACTOR further agrees to de#end, lndemnlfiy and save harmless the GiTY from all such claims and fees, and from any and ail suits and actions of every name and description that may be braught against the CITY' an account of any clairns, fees, royalties, or costs far any invention or patent, and tram 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, firm, nr corporation. The indemnification provided above shah obligate the CONTRACTOR to defend at his own expense or tv provide for such defense, at the CITY'S option, any and all claims or liability and ail suits and actions of every name and description that may be brought against the CITY which may result firom the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly ar indirectly employsd by either. This indemnification includes all casts and fees including attorneys fees and costs at trial and appellate levels. RFP No. 12-20TONS Rental and Ho~nebuyer Disposition Services ~g -. .. ~;~ i~~51~~-iER~C3'; the parties }~~r~~c~ have exec~~~d fl~is Agr~~m~~; tf~~ day ~~-~ year first move weitt~n: ATTEST: CITY C~~` l~ELRAY BEACH; Fl.~RIC~A ~ ity`Gi~rk Ap~reved as ~o fc+rm: Gity ~Ittorriey 13y; ~e~~c~n S. IVlcDu~e, Nl~y~r Rl~' No. 1~-2(f](}NS Rental anct.Hoir,~buyer Di~p~si~ion Services. ct~r~r o~ ~E~~a~ ~~~~~ Neighbarhaod services C~iwisian F~~[~~EST ~CaR PQPQ5~41~ ~~P ~~. ~ ~~~~ {~ ~N~ighborht~ad Stabilization Pragram~ Mayor Vice Mayor i~epu~y Vicse Mayor Commissioner Ca~nmissioner City Manager Neisart S. MaD~ffe Adam Frankel Angeieta Gray Gary W. Elinpouios Fred f3. Fetzer flavid T. Harden Purchasing De~sarkment 1U4 N.W. 1st~+~enus, fleiray i~eaoh, Ft. 33A~iA {661) 243-716 t 7163 FAX # (581) 2a3-71 SG . DIrLRAY fiEACI-I C(~MMU~ITY LAf~fD TIZUS~' 4~~nE~~ ~aaza to a~~a:~aPEe ~SOCSO~rsg ;~:~ .. .. .. ..n........~ .. ............~.~. _....~....... - -~~ ~~ nruiir.. ~::; COMhltR~~ ~t:;;' LAN[1'E91tt~'f ~ ~~ '~~° ~` June i7, 2DiQ ~= Ms. Patsy Nadal Purchasing Office/City of Defray Beach - i0f? NW i~` Avenue - Delray Beach, FL 334 RE: Request for Proposal No. i2-2010N5 Rental and Hamebuyer Disposition Services {Neighborhood Stabilization Program) . Dear Ms. Nadal: it is with sincere pleasure and interest that we respond to this RFP. !Ne view #his as another opportunity to partner with the City of Delray Beach in improving and stabilizing existing housing stock in our neighborhoods through the purchasing of fnreclnsed and abandoned properties. As you are aware, we provide affordable housing ownership opportunities for vary-low, low and moderate income households, less the value of the land. The D13CL7 Board of Directors and Staff strive to manage our homebuyer program responsibly and professionally for the betterment of the City of peiray Beach. We believe our qualil:lcations and services meet the requirements outlined In the above mentioned RFP as demonstrated with developing and managing over $4m in assets. Staff posses' skill sets provided by Florida Housing Core Curriculum, National Community Land Trust Training Academy and the NeighborWorks Training Institute. We have and will continue to demonstrate beyond any reasonable doubt our professional ability to perform expeditiously i# awarded any portion of the City ofi Delray Beach, Neighborhood Stabilization Homeownership Program. Please feel free to contact me if you have any questions or concerns regarding pur proposa]_ Sincerely, Ev lyn S. bson Ex cutive Director 145 Sly f2~~i AVEN1]C DE1..RAY BEACH, FL 33444 ~ T);L Sb1,243.750U ~ I'AX 561.243.7501 VVW W.DELRAYLAIVDTRUST,ORG ~ H~MEBUYER MANAGEIIfIENT EXPERIENCE The Defray Beach Community Land Trust DDBCLT) is an independent 5131 (c) (31 nonprofit, CHDO certified organization and an Equal Opportunity Employer SEOEj, in partnership with the City of Delray Beach and the Defray Beach CRA, which was farmed by community stakeholders in December 2QOS to preserve the affordability of homeownership and rental units in the City of Delray Beach. The DBCLT sells and leases homes while retaining ownership of the land "in trust" for future generations. By owning the land under the home, the land trust is in a strong position to ensure that the subsidy is retained for the benefit of future families: Additionally, the DBCLT is an affordable, workforce housing initiative that provides a middle ground where both individual families and the community at large share in long-term affordability and wealth creation through ownership. Our primary and secondary clients are individuals and families whose lives are changed through our commitment to revitalize and stabilize the City of Delray Beach housing stock and blighted neighborhoods by working to eliminate barriers to affordable housing. The DBCLT board of directors and staff are most focused on its obligation to provide affordable housing opportunities for the very-low, low and moderate income households and the quality of housing options assuring timely delivery to our clients. We are an active member and participant of the Florida Housing Coalition, the Palm Beach County Affordable Housing Collaborative and the National CLT Network. Since inception there are thirty-five X35) single family homes sold €pre-constructed and new developed scattered lots) and two (2J CODA tnwnhomes sold, remaining; ^ Twa ~2} single family homes; one leased and one unoccupied ^ Two i;Z) improved properties; the CODA Town Homes which are for sale Upon completion the Slltl 14E~` Avenue Project Atlantic Park Square) will consist of twenty {20) single family homes. Since March of 20t39, twelve (12) single family homes sold, two t2) pending sales and six vacant lots remaining to complete project. Twenty-nine (29%j of the DBGLT`s Lessees are very-low income households, forty (40~0~ low and thirty-one [31%1 moderate. The DBCLT homeownership yearly sales index includes; ^ 2010 (YTD) one very-low, two low and one moderate income households 2009 Seven low and six moderate income households ^ 2008 Four low, ten very-low and five moderate income households ^ 2007 Two very-low, six low and three moderate income households The DBCLT staff consists of Executive Director Evelyn Dobson, Sales and Leasing Manager Gerecia Edmond, Construction Supervisor Svetlana Sirnon, Homebuyer Coordinator Ahmed Burton and Administrative Assistant and Financial Coordinator Christina Allen. Our collaborative team effort ensures a successful and seamless homeownership ~ program from the initial. application process, to closing and beyond with maintenance and extended client services provided on a daily basis. 4 RESUME (3) Gerecia Edmond. Sales and Leasing Manager Ms. Edmond began employment in March of 2007 with the DBCLT. As Sales Manager, she is primarily responsible `,for the marketing, safe and leasing of our single family, town homes and rentals. She facilitates pre and post purchase orientations and workshops, monitor and track S.H.i.P. funds according to sub-recipient agreement, seeks additional dawn payment assistance funding sources, prepare purchase and sales contracts, and coordinate closings with the DBCLT clients and lenders. Additionally she has over ten years of sales and customer service experience. E©UCATION and TRAINING: Certified Nurse`s Aide Kentucky Tech, Louisville, KY General Studies PBCC, Boca Raton, FL Counseling Borrowers Who Purchase REO Properties. NeighborWorks Training Institute FHA-Insured Loans: An Affordable Mortgage Option NeighborllVorks Training Institute CERTIFICATES Olr COMPLETION ANt~ HONORS: Planning for Your Community's Affordable Hauling Needs Flarida Hauling Coalition Enhancing Your Hauling Strategies Florida Housing Coalition Homebuyer Education Florida Housing Coalition Creating and Sustaining Affordable Housing IWor Long Term Affordability FI€~rida Housing Coalition RESUME {4) Ahmed J. Burton, Homebuyer Coordinator Mr. Burton began employment in October of 2006 with the DBCLT. As Homebuyer Coordinator, he is primarily responsible for applicants data base, screening and assessment, prequalificatian for lender approvals, assist Sales Manager with pre and past purchase orientations and workshops, and packaging for lender approvals, Obtains necessary documents for submission according to dawn payment assistance providers program requirements to the City of Delray Beach staff and other organizations. Additionally, he has aver three years experience in education. EDUCATION and TRAINING: M.B.A. B.S. Social Science ASSOCiate 4f ArtS Understanding Credit Scoring Credit Counseling for Maximum Results Certified Housing Counselor CERTIFICATES OE COMPLETION AND HONORS: Creating and Sustaining Affordable Mousing For Long Term Affordability Planning for Your Community's Affordable Housing Needs The Development Process Homebuyer Education University of Phoenix, FT Lauderdale FL Florida State University, Tallahassee FL Tallahassee Community College, Tallahassee FL NeighborWorks Training Institute NeighborWorks Training Institute NeighborWorks Training Institute Florida Housing Coalition Flarida Hflusing Coalition Florida Hflusing Coalition Florida Housing Coalition 6 ,~TL~~TI~ PARK 5Ql(AI~1=. Twenty ~2oj :new, three and. four bedroom single family hor7ies, designed in the traditional neighborhood style with rear and side leaded garages, porches and "Eloribbean 1/illage" architectural design in partnership with the Delray Beach CRA and the City of Delray Beach, located two bioclzs ~Fr€~m Atlantic Avenue. on .~illf ~.4 Avenue. The streetseape beautifiication project and alleyway improvements .have-earned the DBCRA, City of Delray Beach and 'the DBCI_T accolades fr~~ residents and eammranity interest groups.. Since March of 2009 the. DBCLT has. cornpieted and gold twelve (12~ of the twenty (20,j single family homes arrd ~vuo (Z) pending s~ ies. ~ H _~ ~ ~~~ ~~ rr Bellflou-er ~~.39,796 (zDD9) 3 BDR, ~ BA"~'H, ~.5~2 TSF 1111-~ICl,. CATS 1n'partnersi~ip with the City of Delray Beach and the t~elray`Beach CRA, t1~e DBCCT has successfully sc~lel thirty- five X35) single farrrily homes. and tvsid ~2~' CQI~A Town Women. tour ht~i~es -all eornbine• highs. quality cc-nstructic~n and breathtaking. architectural design elements to create a wonderful living erivircntner~t at. affordable prices. construction has been tailored to meet the :needs of the very-lover ~a `moderate irreorrme households: The DBC1.T has achieved statewide and natia~al recQgnitlan for its effores to develop and sustain perrr€anerit affordable l~oiasing, . ~ f { l '1 ~~ ~ ~ I ~ ~ &P, i &~ i Ir~ ~~~ '' V~;~ ~r S G 't- dry. s~~a~c~R ~~ ~i~~,aoa ~~~~~} B.BDRI~11, 2::~ BATH, 2(30 T51= err 9., ~z` ~ ~ ~~ r ~ ~]" ~ E l i wj ' ~ 'r, t r ; ~ i ~~aa T4~ ,. ~ ~~1 may!{[ h ~~'~ ~:: -4shley ~a~s,~a~ ~Z~,c,; ~ ~ aa~M, z BATH,I~3~O TSB 8 #~ahl;a Sine 1_oad ~.~~,~~~ ~2U69~ 4 BDRN~, ~ BATH, x.695 TSF e®~ ~ ~ O ~~ !~ Q W r • 1~ #•~,• ~ ~r T~~' A^, W ~.' //''~~ "~I ~- ~~..:® ~~~ .~~' ~. ~. 1~ V ~^ #y Q ~~ ~~ `.5' +~' ~, h ~ ~TO ^i ~ ~ v •~ ~. Q rr~ y~ W ~ ~ t~.? ,.a O `~.,o ~ ~ ~' o ~ ~' ~ 1. 4~ ~ ~ ~ ~ ~ *+i ~i ..fl ~y ~ 3~i81p ~Or` _ w6 Z~ c a r~Z • FLOS~~~ .}Y" Q p} C D a ~~ F' A a vJ m o ~° a ~ c° o p~q V r •LR ~ M ~t~.'. ~~~. w ~; ~~ ~~~I .s4~` .i~ ~.{ ~~ .-'~,~y ~~ .~ c~9 *~ r C3 .~ ~ ~ • ~ ~~„, #~.'~ ~~ _ ~ •~ ~~rr~ "~~1 ,~ ~~i '°~ *°+ ~~ F~ ~o 0 0 ~~ 9 ~ ~ .~ •~ ~ ~ .~ r~ ~ ..~ _ ~ ~ ~ ~ • r=i rat ~ • ~a C,} ~ • .~i ?+~ ~ ~ ~ ~ ~ ~~ ~~ G~ Q-~ "~ •® ?= yf 'Fwd ~ ti1 ~~ c~'J . ~., r~~ V Q ~,~ ~a ~ ~H ~ o~ ~ ~ ~ ~ ~ ~ °° ~ '"~°i -u "'C~ ~' '~"' ~ ~a~a N O 0 0 ~~ U C) ~ .~ ~ ~' ~~ ~ C~3 ~ ,~ ~ ~ ~ ~ r~ o,y ~I •® C~ V Q~ .~ ~ ~ ~ •~ U ~ ~ ~ ~ ~C ~ ~ ~ ~, ~ ~~ b~.~ ~ '~ ~ Q} ~ ~ ~ ~~ _~ Tti Q ~~{ V a ~, .~ ~ ~ w H o a~ ~ ~ ~ ,~ ~ o o ~, ~ ~ ~ ~~~ ~ ~ ~ ~~ ~ ~ ~ ~3 ~ a ° ~ ~ o .v ~ o a ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ 3 ~ o ~ a ~ .,~ v o U ... _~~ ~. 0 ~ y .. .~ _ - O k] ' U ~. YT~1 ~ ~ `~ ' . ,, :~~ ~~ ~~-:,-~_ __.titiAyY ~~ _~: _=- ~ ~ ~ ;:,~. ;,: _~~ - ., 1fi fl~ •~ ~1 v `~--t .N i^~ V ca ~, ~ o m ~ .~ , O ~ R3 ~ ~ ~ ~ N A w 4 W e-1 ~-J..+ ~j O •~ ~ O •~ N ~ " ~ .~ N ~ ~ ,~ ~ tY`t O ~ .~ N ~-i 3 P 0 ,~ .~ ~, ~ '~ a ~ ~~ U ~ N i-a 0 fS7 W m ~~~ ~~a ~ ~~ } ~ °' ~ v~ ~ ~_ W v cu ,~4 z 18 DBCLT PROGRAM OPERATING PLAN In good faith the DBCLT markets to attract those who are identified as "least likely to apply" or under- represented in the City of Delray Beach, in accordance with the Fair Housing Act we provide housing opportunities to the very-Iow, low and moderate income households. A. SUBMIT & PR4CI=SS COMPLETED APPLICATION PACKET • DBCLT Application • Credit Report • Local & County S.H.I.P. Applications • Employment, income & Asset Verification Consent Forms • Credit Report/CCC Analysis + Background Check • Prequalification- Ensure front and back end-debt to income ratios meet guidelines B. CASE MANAGIkMENT & COUNSELING • Applicant interview « Approved Applicants enroll in HUD approved Homebuyer Workshop • Denied Applicants enrol! with CCCMS or other Credit Counseling Agencies o Develop a Budget o Case Management Plan • AEI applicants attends quarterly DBCLT Home~iuyer Workshop • Approved Applicants fife submitted to Lender C. SALES PROCE55 . • Loan Commitments received from Lender • Obtain certification of subsidy from City of Delray Beach Staff • Secure Down Payment Assistance • DBCLT Board Approval of applicants • Meet with applicant to review single family homejtawnhomes/duplex purchase options • Receive 3°~ down payment requirement • Execute Purchase & Sales Contract Coordinate Appraisal and Inspection of property • Coordinate Closing with Lender and Client za Evelyn Dobson, Executive DireCtbr Delray Beach Carnrnunity Land Trust 1.45 SW 12~ Avenue 17e1rayBeaeh, ltL 33444 Dear Mz~s. Dobson: A funding ,Agreement was entered into on 5epterrzUer 24, 2i}f19, by and beCween: The DELRAY l3Ia~.GH CUNiMUNITy LAND'l'R115T, INC. and the DELI~AY 13l;ACl-i COMMUNITY RI~DEVELiIPMI;NT AGSNC'Y, The CRA shall provide funding to CLT f©z F'Y" 2009-201.0 in the total arr~ount o£ $35U,OOt? to be used lsy CLT in arder to furtlzex the acquisition of property and the constxuotion of affordable hauling within thy; Delray Beach Community Redevelopment Area. Iz~ consideration of the Funds provided by the Cl2A, the CLT shall perform the following scope of services: Mauagemertt arrd opexatian of programs to provide perrri,anegtiy affardable hauling far very love, low, anal ~rtoderate incorr-e residents, including the following: solit;itatinn of quali#"red applicsa.txts axrd processing of applications to insure campliaatce with pragrarn requiremen#s; provision of services to assist prt~spective hamebuyers in qualifying for an managing a home; oversight and txranagenr~.ent of annstruction contracts fo build or renovate affordable housing units; insuring that housing uzlits are built in accordance with approved specifications and City codes; working with CLT hameov~ners to insure that tl3eir homes axe rnaiatained in cnnlpliance with applicable ordinances; keeping the public in£ozmed aba~,~t CLT activities artd apportuuities. Maintenance and management of properties trausfexxed by the CRAICity of Delray Beach to the CLT, including the maintenaz~ae of property i~ an attractive co~zditioz~ anti goad state of repair, in. compliance with applicable laws, regulations, and ordinaxtees. If you have any questions, please call me at 5 61-276-8640. Sincerely r _ /J Lori Hayward Finance & ©perations Director Delray Beach CItA IO ~{Qr~h Swi~~ns 1lve~e Qelrny $entl~, flaridn 33444 P~or~e: 5611116-8640 > fux: 56~fz75-$556 , wut~rt.deiraycra.arg WBEf MBE CERTIFICATE: Not applicable to our non-profit 501~c~(3) RELEVANT OTHER OR FEDERAL CERTIFICATES: Community Housing Development Organization (CHDO~ status letter attached herewith. we make hawing affordable'" ._. ..._ ~~~~~~"~ ~~~~~~ 227 North Bronouglr 5lreel, 5~ite 50Q0 7rrllahassee, Florida 32301 ! Lew 11 ~# $50.48$.4197 Fax 850.4$8.98Q9 vvww.floridahousing.arg l: l n a n c e C o r p o r a t i o n May 27, 2010 Jefftey Costello, :President Delray Beach Community Land Trust, Inc. 145 S W 12th Avenue Delray l3eaeh, FL 33444 RE: Community Housing Development Organizations {CHDO) Service Area: Delray $eaeh Dear Mr. Castello: In response to receiving your letter certifying that Delray Beach Conrmunity Land Trust, )inc, has had no changes in the status of your CHDO Cheeldist, and a list of your current Board of Directors, Florida Housing Finance Corporation {Florida t`Iousing) re"certi#ies your organization as apre-designated Coznznunity Housing Development Organization {CHDO). This certi~eatian will expire May 27, 2011. Florida Housing will send a ~aotice annually to request updated informatien as required to monitor compliance CHD©eligibility. Florida Housing appreciates your interest in and efforts to provide affordable housing. If you have questions, please feel free to contact me at {850) 488-4197, Sincerely, ~~~~ Heather Boyd Multifatxtily I.,oans Manager Charlie Grist. Govemar Fsoard a{ Directors: David ~, Oellerich, Chairman • Stuart Scharaga, Vice Chairman • Tnm Pelham, Ex Officio Marilyn IM Carl • Ken Fairman + Lyrm Han{man + Clifford Hardy • Jerry Maygarden • Leonard 7ylkn Stephen P. Avger, Executive Director Tti i ERi~A~ !'tEVF,iJL'? 5EZi~i CE s ~.~.-M+t..A~l Y L' .ice P. D. StSX 2508 CTi~CINi~1ATT . OH 9 k20 ~ J ? .y~,~ s'S.EpA~2'T'MEP;': vF THE TREASJRY Ernplayer Tr3sntificat~.an :~umtaer: 'Date: N01+ ~ 1. ~~ ~~~..~~~ ~r~~~352 L 17053172~220[lFs DELRRY EE7~C't3 COh"~R~,331iTY T.AhiD TRUST Contact Pe7rsan: IBC L~A~77D A T}OEXER. TD# 317.&8 2A N sWTNTON AVE Contact Telephone 3dumber: DEI,RAY, ~'T~ 33994 {877 829-5500 Accounting Period Enning; September 3i3 Public Charity Statius: z~a (b? {1) {A) (vx} Form 930 Reauirad: Yes Effectiue Date ref Exemption: ~anuaxy 17, 20E-6 Gontributian Deductibility: Yes Advance Ruling Ending Date: September 3U, 2010 Dear P«pplzcarrc: We are p?eased t.o infaxm you that upon review of youx apgliaation fox tax exempt status we have determined that you are exempt from ~'edexal income tax under section 501{c){3} of the Tnternai Revenue Code. Cantrib;~ta,ons to you are ~$~. deductible undex Section T7n of the Code. You are also qualified to ree~eive y tax deductible bequests, devises, txar~sfers or gifts under'section 2055, 2106 nr 2522 of the Cade. because this letter could help resolve any questions regarding your exempt status, yav should keep ~,t in your permanent records, Orga7lizations exempt under section 501fc)(3} of the Code axe further classified as either public charities or private foundaGians. During your advance ruling pexirsd, you will be treated as a public charity. Your advance ding period begins with the effective date of your exemption and ends with advance ruling ending date Shawn in the heatlira of tl4e letter; Shortly before the end of your advance rvlkng period, we will send you Form 87?4, 5upptixt Schedule for Advance fiuling Pexiad. You wi11 have 90 days after the t:nd of your advance xulzng pex~i.od to return the completed farm. We wi.l.l then notify }rau, in writing, about youx publ~.c charity status. Please see encXosed TnfarmatiQn for Exempt organizations Under Section 501fc~{3, fnr same helpful information about youx zesponsibilit~.es as an exempt nraanization. T€ you dist.rik~ute funds to athex ozc~anizat~.ons, your records must show whether they are exempt undex sactian b~1{c1{3). In"cases where the recipient organization is aaraC exempt undex sectiar_ 501(c){3), you must, have evidence the funds will be used fc~x secGi<ar~ SU14c~ f3~ gurpases. i,ette7: 1095 iDD/CG} PRIDR YEAR FEDERAL TAX RETURN !RS FORM 990 Complete IR5 Form 990 totals 33 pages which would exceed the maximum amount permitted as outlined in the RFP conditions:. We have attached Section 1, page 1 of Form 99~, the complete F©rm is available for review upon your request. Farm ~~~ ~te.Isa'r.Apf7 Re#ut'~ of OrganiYation Exempt From fncome 7iax ~~~~ tlndetR~tlnrt50'1 c 527 ar49+47'(a)ft o{thetnternatR~venu~Code (except ble~~tunq bensllk 1t~uaf nr pHvate fattndattnn) • , la ~p~ 5 ry - ltn n ntxzgnn mrY l~nve ~r use II copy at @!h I~Irn le s~tlsfy s1A1e reDordnp retiuirementt. Cpe~s #e Putrtie titspectinn Fariha2flD8calbndai' aAr nrtax ar fnhtls ,2408, aaldendin H CJrerxtlawvFlmht~: C frame vi oripfr~lf.Een D f+rpisY~-rdantlacw7lsrr ttrrrritar Praaas uaa Mdrm alrrrpa ~~ Abe bELRAY 8t4i-t'.tt Cf8~Qt1I7;]C LAtr'D '3'12t787B II1C. 34-416A357 damn rirrq. ar l4rnber rrd frnrul [ar t :0. hoe 1! malE h rrvl dslhssad ~ sir.d swdarl !~ T.ygpee m+rrbr IrddNra~um E~`t`r,~ a.~5 sit ~a~ nv~vs {ssx s4~-~~oa Ternsk+.Unr Mans. DFbr Eo~tr nr saunlry Sta1a x~ Dada f 4 ry+wnledMwn xIBLBi~-'tC SYt71i~ FL 33444 Q dnwulnesr Y 3.742,348. Ikiplinllxi prr~&w F rrm. •nd f>ddrefs ei w~w1 Miosri -tf~l N tote . weuv rnA+m fir sM14E1f7 Yw !io ~vex.Y pa8gott las $rr z~77t l,YStstrra Ei8!•R7~Y ~gIICH !PL 339,44 ~bt ~ rii AMII4ie- k+duledt Ya: ~ Intro; aAdr ^ Aft, taaa inf4uY3are~) t 'rax•exem t status 501 e 3 ~ insert nn. 4947 a a S27 J tNsbstbrr k 3i 71. eunb.r r K T ~ tlere Caroeratlen Tnat Puaeaetia, olhrr- t.Ysaro-FP•AladaflF 3Des M smf er IdemkRa; SL PlIF1 i«. y. Sttmm 7 Rrielty deseitbe the orpanlzeticn'a mis~Eon ar mosl sl0nilirant adivitlast 'x4 „~zavide a#to>cdab ~e _ _ _ _ _ _ haus3E~-~or~vsx,~r ~.o1r to mod~saCr i~omeWitfdi~v~,~lua~~^-_---..____......_ ___~--- T~ ~ `I`~t."--- - - - - - - --------------------- ,d w. v„o+.•..,na uvw U .. uaa KrbaiNCeir~rr urawrrurruau Dui upnrnfrnns or QISpe6eo ar mpre in0n !~ ih aT n5 3 !Number nt vattnp members a{ the pavaminp body (Part VI, line 1 a) . . .................. . . . ....... . . .... 8sser ! s. 12 4 {Vumbsr a{ tndepAndent vatin9 members of the gnveminp body {Part VI, tine ~W ..... . .................. 12 .. ! Total number of empieyeas fPart Y, line 2a).. _ .. • . ... . .. 5 7 ... . .. . ...... 1. : .................. ,. --- • • s Total number of voluntsars {estimate t{ rraceasaryy. .. .... _ _ .. S p 7a ?olet Lrass I:nretafed btrslness revenue irar~r t'srt `Jlp, tine t2, ralurrlrl (vy......, .. . .. . .......... .... 7a D b 1Vet unreiated txtstnass taxstSle {rtcame from FDrrn 490-`r line 3d. , 7b t'rterYaer GurrentYeer ~ e 9 Contribtltionsarxiyrents iPartllttit gtw 7ta ................,..,.................... aD3 720. 487 974. 9 Prapram service rovenue (Part `/itl, line ?p} ............. . ..... . ........... . . ~ ~~,9 r D q~ .. - TD lrsvesbs,entfrrcame~ParSViil,uotlraln(A),FIne53.A,rurd7d) .......................... ~.D 7t#A. . q$ AAB. 11 ot#fer revlslxte {Pert Yllt. pQli7lTln ~, tines 5, 6d, t3c, 9c, i{k, nrtd 7 #e) ...... . ..... . ... 93 484. 1, Z 0 , 'i2 Total rovanurt - adkf itnes B ihrau h 11 sl uet n Yitt r:otumn ilna l 3 D6 508. 798 528 . 18 Grams and almllar amounts paid {part iX, column (q}, pnirs 1 3) .. ..........:...... . 'i4 l3erra{tts paid io ur for rnarrrberr (Part 1X, column (A), line +4) . . ...... . ....... . .... -_ 15 Safeties, other cnrsipe~sstion, emptayea 6ane111s (Pert iii, cgturnn (fir}, lines 5-iQ)...... 128 4ilf . g5~ 71g, 16a Protfassforfai turtdratsfnq fees (Part iX, wlumn (A), tins 11e) ..... . ................. b Total fundralslrip expenses (Part IX, ootumn (p). Itna 25) ~ iaifi, [#17. , NM ~-~ ~r:~~:' } ~. ; °`;~.;~,~ ,~~~: "; 17 Ottlerexparpes{PattlX,sotrknn(f1},llnesl7a•ifd,lif•244) .. ........ ............ 5ti,7tti8. 283 5~4. 1!t Tnlal sxpenses. Add ilnea i8-17 i:~ squat Part tX, eotlrrrn (/4), line 2+~ ............. 184 576. 937 3tf3 . 19 Revenue lau nsss. Subtract Ilea I9lrnrn tlne i2... ...................,......... 1x2. l38., -43 7''75. ~ i rt f Year End al Year TO TDtalessataQ?artR,llnel~ ...................................................... B ?9 507. 5 5 5 41Z. al TomilfabhtlMs(PprtX,ilns2~ ................................................,,. ~ 743 937. 1 463 4~f7. e! assets lariund balanass. Subtract tfna 21 frnm Itne 2Q ......., 4 13S RSD. 4 D!a 475 „ ~GiB 4 ttl i 5fgn ~. ~ l d.~~ fir. ~,~a ,~f ~f~ b~I,. ur,"raerrre,w~ ~ +0 lara 'atf~rol w~e~nx'~ ~wr~ 3i`~a~. rr~i~mpa,~w~r~Pr~l"~'~tlo~inwTi p~•, of my>dr~rtrlsdpa end bernd'.11 !- ~ Here slpna4ssaral6wr r>we ar name end t:W. ta`8t'd ~arBtaS a'h ( ~tlr n aaM. 3 ~,eE'mi s' °Mk~A"n rucn6e d~ Florr7eree,.[or Ci~rA'tJ ADTA ASS4C~A'1'S~ yornttwe• ~ 2700 ]8 bQLIT718,3j 'JIBE 838 350 '~ a } .-. EIN (} '~ LP.r SDCA RttCJ'oiN _7'Ti,... 33431-639+J Pria>am. - {561} 9g4-9299 h08 tine 1RS discuss this return with uses re rer shoMm dlswei insiructlnns ......... ...... . . . .. ......... . ..... 7C Yes tVe C3JW For Privacy J1ct end #'aperwark Redudton Act Notlca, see fife separate iffs[rucllorliF, 1EEAL141 oarZVpy Fenn 99p (20Qlij t11ELRAY BEAGH CDiAMUNITY LAND "C~iUST, INC. 5T'ATEMENT flF FINANCIAL FpSITtpN pECEMBEA 31, 20f18 ASSETS Gash other racelvables Prep$id expenses I]epasits t}tl~r $6SetS t_ed Ind - res#ricted (Sege Note .'~) tither iar~d -restricted (sse E~lote 3j Lased property improvements Property improvements herd for s~3le Praper#y improvemen#s in press Total Assets Pennanen#ly Unrestricted Restricted Total ~ 108,9&8 ~ - ;~ 1i13,s~86 1,382 - 1,392 $,7'28 $,728 ~t~7Q - rJ~,~170 - 2,488,7"'14 2,498,714 - 1,522,21Q 1,522,21U '182,183 - 192,183 1,12B,08B - 1,128,[188 47' 581 47,561 $ #,~ 986 ~r,,........,,_. ~, .4020,924 $ 5 555,92.2 L(A~ILITIES AND NET ASSE T$ L1ABff_ITtES Accour~#s payable ahd accrued expenses $ 41.270 $ - $ 41,270 GOti#racts payable 42;412 - 42,412 Notes payable 1;879,765 - 1,379,785 Total liabilities 1,48'3 A4? - - ~,4~~,447 NET' ASSETS Permanen#fy restrla#~ - 4,02x,924. 4,020,924 llrtrestncted; 71,551 71,5x1 7ata1 net a&Se#s ,713551 4,020,92# 4,{192;4.75 Total trat~ilities anct Net Assets $ ~ ~ ~ . 1=534,998 $ 4,1)20,924 $ 5,56~5~922 DELRAY BEACH COMMUNSTY I.ANU TRUST Balance Sheet As of May 31,2010 :txrrent Assets : operating Funds: Fa.fth Third Bank - Oper. City National Bnk-Oper. ,eserve & Mkt. Funds; PNC Bank ~ Rsv PNC Sank - Mkt Bank Atlantis - Mkt ether Funds: Bank Atlantic - Escrov~ City National Bnk-Graham City ~lational Bnk-See Dp Total Current Assets ether Assets: Exchange Petty Cash Accounts Receivable Due fr City National Due fr Simon & Schmidt Prepaid Ins-Liability paid Iz~s-~D & O laid Ins-Workers Comp Pxepa.id Ins-Homes Prepaid Exg-Postage Prepaid Exg-~C4DA Ma.int Prepaid Exp-Hea~.th Prepaid Exp-Storage Prepaid Exp-Annual Dues Total Other Assets 'a.xed Assets fork in Progress 113 SW 14th Ave/ S & S Total Work in Progress improved Prop. for Sale: CODAf 7.05 SW 2nd Ave CQDA/17.7 5W 2nd Ave Tt7. ImproveuEnts far Sale ceased $uildings: 3l3 SB 5th Street ASSETS 2,848.19 68,956.58 21,722.64 67,806.71 3.6, 989.94 1,450.00 2,861.75 1,450.a0 183,585.79 166.00 250.00.. 3, 26~.. 00 60.00 1,169.93 1,968.94 1,618.79 3,555.09 ~. , 723.67 123.88 300.00. 3.86.7.8 53.00 405.45 7"4 , 847..88 120,075,44 3.20, 075.44- 287,155.90 287 , 7.55.9Q 57'4 , 311.80 7.92 ,x83.00 For additionml informs.tioz~ please call (561) 243-7500 Skyline Accounting System DELRAY BEACH CaMMfJNITY LAND TRUST Balance Sheet As of May 31,2010 47 NW 10th Ave/pcaean $ 82,000.00 303 SW 2nd St/I~ickman 57',240.00 202 SW 12th Ave/Ravrlins 85,$60.00 115 SW 2nd Ave/Singer 110,000.00 645 SW 6th Ave/Green 36,333.34 42 SW 14th Ave/Campbell 172,331.00 46 5W 14th Ave/Casseus 74,160.00 47 SW 14th Ave/Slakes 81,700.00 243 SW 4th Ave/Thomas 56,512.50 101 SW 14th Ave/Stra~vbri 35,000.00 103 SW 14th Ave/McCu&Swin 35,000.00 105 SW 14th Ave/San&Nels 35,000.00 109 SW 14th Ave/Troutman 35,000.00 107 SW 2nd Ave/Tessino 110,000.00 114 SW 14th Ave/Penn's 35,000.00 11'1 SW 14th Ave/Smith 35,000.00 122 SW 14th Ave/MaKennran 35,000.00 141 SW 14th Ave/Brown 35,000.00 144 SW 14th Ave/C}bee's 35,000.00 1023 Mango Drive/Hill's 65,50$.00 1025 Mango Drive/Cattan 65,'727.00 321 SW 7th Ave/Raba.nson 85,000.00 • °.al Land/Leased 3,524,653.00 eposits: Utility Deposits 898.00 Total Deposits 898.00 TOTAL ASSETS urrent Liabilities: LIABILITIES Accounts Payable/Contract 120,075.44 Accounts Payable 1,fi34.4fi Pxepaid Ground Lease/Rent 989.00 Deferred Revenue 29,167.20 Re~'undable Secur~.ty Dep . ~. , 44 9.9 9 Last Month Rnt/Ovens 1,450.0© Notes/DBCRA Canstructian 1,038,765.47 Notes/DBCRA Land 50,000.00 Graham's/Taffies 3,076,00 Graham's/Insurance X215.75) Prepaa.d. me~nbex~ship/5yrs 8.00 Reserves 36,204.40 Total La,sba,li.ti.es 1, 282 , 604.21 5,692,057.47 Far additional infarmatian please call (561) 2437500 Skyline 73.GCOU»ting System DELRAY BEACH CCd410NIR'Y 1,AD7D TRII3T Revenue & Exper-se Statement As of May 31,2010 Current Month Current audget X.T.D. Aatual Y.T_D. Budget Annnal Budget Variance cants 6 Dor~atione: „R.A. errant $ 29,166.40 $ 29,7.66.67 $ 145,832.80 $ 145,833 $ 35D,00D $ {b.20} :,and/Gi£ta-Aaquiaition 0.40 O.DO 70,000.00 0 4 70,000.00 ;heritable DonationB 0.00 416.67 0.00 2,083 5,000 {2,083.00} 4ember Donatxaas 0.00 8.33 127..33 42 100 78.93 Cotal tirants & Aonatiana 24,166.40 29,581.67 215,954.13 147,$58 355,100 67,996.13 armed 7Cnaame cogram Fees: lredit Repnrta 48,00 52.08 601.00 260 625 341.00 3ronnd Lease SeBS 1,950.00 1,880.04 $,594.02 9,400 22,550 194.02 . )eveloper £eea 0.OD 8,450.00 31,698.64 42,250 101,4DD (10,551.36) 4emberahip Dual 7.4D 41.67 285.D6 208 500 77.00 ?reaeeds/Reimbursable 0,D0 2,059.D0 9,290.73 10,295 24,708 11,004.27} 313 S7S 5th Stxeat 0.00 4.00 7b0.00 0 0 700.00 ?OB SW 15th I~'7e 1,450.00 1,450.00 7,250.00 7,250 17,dOD 0.00 Late Peas/Other 140.00 8.33 260.00 42 104 218.00 Cotial EarnerA Income 3,645,00 13,941.08 59,679,39 69,705 167,293 (10,425.61} r-Kind: )££Aae 1{~ent/gtllitiea 2,b00.OD 2,ODb_00 10,000.00 10,000 24,000 0.00 i In-Kind 2,D00.00 2,000.00 10,000.OD 10,000 24,000 0.00 Cher Revenue: [nveatmnt Income/rnterest 29.45 di_67 177.44 208 500 {30.56) 4isoe1laneoua 0.00 20.83 -~W 1,169.13 _---------------- 104 --°-...._~~_--- 250 ----------~~W.. __.. 7.,065,13 W........___°_°___ CaCa1 Other Revenue __~~_~..~~~_...~_~~~ 29.45 -------------- 62.50 1,346.57 312 750 1,034.57 Cota1 Revenue & Support 34,800.85 45,S9S,25 285,980.09 227,975 547,143 54,005.09 apenaes . ?9ra~i.ng Cast: >£fice Operating Expense 66.81 583.33 2,642,73 2,917 7,000 275.27 Sank Charges 30.34 ].2.50 45.81 63 150 17.19 Printing 6 Copying 280.17 375.00 1,400.85 1,875 4,500 474.15 Postage & Delivery 560.29 416.67 1,774,85 2,063 5,404 308.15 Gidenae/Permits/Fees D.00 5.19 245.D0 26 62 {214.04} 7ues/Memberships/Other 207.97. 25D.4D ,638.55 1,250 9,OD0 611.45 Insurance-Liability 452.85 475.00 2,264.25 2,375 5,70D 110.75 Cnsurance-D & O 179.86 225.00 912.94 1,125 2,700 212.06 7fPige Sojaipment/Porn 0.00 333.93 0.00 1,667 4,000 1,667.D0 For additional information please ca17 1561) 243-7540 Skyline Accounting System DELRAY BEACH COMMUNITY LAND TRUST BQARD 4f DIRECTORS The DBCLT is governed by a 12 member tri-partite board of directflrs whose membership includes one third public representatives, one tll~ird genera! and one third lessees. Public Representatives: Represent the interests and perspective of the general public via their association with a public or private organization. The candidates selected in this category should be in a position to provide access to resources and/or technical expertise to support the mission of the DBCLT. Genera! Representatives: Represent the interest and perspectives of the overall DBCLT membership and the communities within the DBCLT boundaries. The candidates selected in this category should be DBCLT members in goad standing and have a clear stakeholder interest in the City's neighborhoods. Lessee Representatives; Represent the interests and perspective of current DBCLT hams owners and tenants. The candidates selected in this category should be current DBCLT leaseholders or tenants. PUBLIC GENERAL LESSEE Lula Butler Morrie Weinman Marie Anderson City of Delray Beach Appointed: Dec 18, 2008 Appointed; Dec 18, 2fl08 Appointed: DEC 18, 2008 Term Expires: Dec 15, 2010 Term Expires: Dee 16, 2010 Term Expires: Dec 15, 2010 Kimberly Camejo l'ame' Williams Polk Cotton City National Bank Appointed: Dec 17, 2009 Appointed: Dec 17, 2009 Appointed: Dec 17, 2009 Term Expires: Dec 15, 2fl11 Term Expires: Dec 15, 2011 Term Expires: Dec 15, 2011 Mike Campbell Patricia Wright Elton McGowan Habitat for Humanity Appointed: Dec 18, 2008 Appointed: Dec 17, 2009 Appointed: Dec 18, 2008 Term Expires: Dec 16, 2fl10 Term Expires: Dec 15, 2011 Term Expires: Dec 16, 201fl Jeff Costello Dysonya Mitchell Delray Beach CRA Appointed: Dec 18, 2008 Appointed: Dec 17, 20fl9 Term Expires: Dec 1b, 2010 Term Expires: Dec 15, 2011 r ]- ~. • 274D f~lo~th friilituy'i'rail, Stilts 350 GI ~u ~ ~"~.35~~r~~~~S Ho~aRat671, ~QF1dA 33431 ' ~~ [Sfif) 994-9299 •.[80Q) 299-07z8 ~~ certtffed prtblia accoun#~eats Fa~[Sfit)94~587t3 June '14, 201© Bveiytt S. Dabsnn, Executive Dim~tar l]elray Beach' Community Laud Trust, Tnt:. l4S SW 12"` Avenue Defray Brattth, FL 22333 Dear Ms. l]obson: Yn resppnse to yov~r request via etnail oft June 1 !, ?Aiti, we wish to state the following: [. We estimate that the audit far Delray Beach Community Land Trust; Ytto~., Par the fiscal year ended December 31, , will be completed an July 15, 2€110, contingent on any issues that may arise. 2. The Deltay Beach Camttiunity Land TrasE; It~e_ aniiit; fvl' fhe #iscal year ended December 31, ?AIl9, is is ptagress snd. ncr dffftculties=have aecurti~d; ~& ~o#' tac;~~r vv~i~h ve[iuld ttindeK our ability to camplet~e the audit aRd-issue. au apitiion ba: fife £istiliiciitl statements; Please note that the audit Is ifak eoftiplete~and~fttat an r~pinian (br lack therca~ w11I nat 6e stated until the financial st$tent8nks are Issued. ~ ff ynu have any questions please feel free to contact me at (551} ~~q.g29g, ex#en&ian 11. fiery truty,yours, Gran 8;c~ fAss~a/eiates 11+tichalle Biaokstaclt ~xu~r w~~ ] m~~ / osi~ tVnt applicak~le to nur nn~-profit 5fl1(c)(3). i ^ ~~t<~~6~ee~e~~ ~ ~®n~~@c# ~~' ~I~~e~e~~ ~sE~t~emen~ STATE DF _F'~ c~rida ^,T,.) BOUNTY Oi= _~palm Seach) Before me, the undersigned authority, personally appeared ,who was duly sworn, deposes, and states: A, { am the .___F.xec~t-ive n,j,.~~cf~a~ _ of De_1,aray Beach Community Land Trust: wish a local office in _.Del~~r~3each, FL and principal office in _ __ same____ .Said entity is submitting this praposalloffer to RFP-, titled, riot-for-profit Affordable Housing Agency for the Neighborhood Stabilization Program (IVSP). t3. The AI=FIANT has made diligent inguiry and provided the information in this statement affidavit based upon its foil knowledge, C_ The AFPlANT states that only one submi#tal far this solicitation has been submitted and tendered by the appropriate date anti time and thak said above stated entiky has no financial interest in other entities submitting a proposal for the work contemplated hereby. D. Neither the AFFIAnT nor the above named entity has directly or indirectly entered into any agreement, participated in any co)iusion ar collusion activity, or otherwise taken any action which in any way res#rict or restraint the competitive nature cif this solicitation including but not limited to the prior discussion t~f terms, conditions, pricing, or other offer parameters required by this solicitation. E. neither the entity nor its affiliates, nor anyone associated wikh them, is presently suspended or Otherwise prohibited from participation in this solicitation nr any contracting to fallow thereafter fay any government. F. Neither the entity nor its affiliates, nor anyone associated wish them, have any potential conflict of interest because and due to any other clients, contracts, ar property interests in this salici#atian or the resulting pf~JeCt, G. I hereby also certify that no member of the entity's ownership or management or staff has a vested interest in any City Office, Department, ar Qfnce. H, I certify that na member of the entity's ownership or management is presently applying, actively seeking, or has been selected for an elected position within City of ©elray Beach government, i, fn the event #hat a conflict of interest is identified in the provision a# services, 1, the undersigned wil! 'A: immediately no#ify the City in writing. r Cated his ~~ da of June 2t) 10 AFFIANT Eve1y_n raabson ~ ..,_,_... ___ Typed Name of AFFlANT E~ecut:ive DireCtax' NOTARY: STATf~ Off') Florida couNTY ol;) palm Beach • 5warn and Subscribed before me this p ~h day of June , ~~ 1 fl afi~,f~nov~+n ar Produced tdentifca#ian: Type of Identification: No#ary Public - 5ta#e af: Florida Corrrmission Expires: _p_,~ 1 ~:2 a I ~,,_.~ yp~~ °w~ SUola~~bg3tate of I~lo€ida khmed J 8unon ~~ ~ '~ My Cummrss[©n ~+ DL?788884 '~'a~~oa Exp[res03i16f2012 RFP No. 12-2010N5 Renta[ and Homebuyer l~ispositian services Title -- -- ~~~~~hm~~~ ~ ~~d~ndum A~~I~®~~edg~c~n~ Acknoualedgrnent is hereby made of receipt of addenda issued during the soiicitation period. Addendum # 1 through # 3 Initial: ED [late: June 1 7 , 2 010 Person Completing RFP ©acument {Signature): name (Printed): Ev 1 n Dobson Date:_June 17, 2010 ol~ Not Applicatale -- No RFP Questions sought and na Addenda received: Person Completing RFP Document (Signature); Name (Prin#ed): ~°° ~ ~. ~~_b Ohl Date: ~ ! 7 a?!~ /C~ THI5 ATTACHMENT SHOULD HE SIGNED IF QUESTIONS WI=RE SOUGHT DURING TH>v RFC' PERIOD AND FIVE DAYS PRIOR TO THI; RFP DUE DATE (CITY OF DEIr.RAY BEACH POLI 1tFP No, 12-2~ 1t}~IS Rental and Homel~uyez' Disposition Sertrices Addenda numbers to , incfuslve, and any madit`icatians, including Change Qrders, duly delivered after execution of this Agreement. ~. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State rf Florida as Now and hereafter in force. The venue far actions arising out of this agreement shall be Palm Beach County, Florida. ~. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the fallowing addresses: As to City; City t~f Delray Beach, FL 100 NV~11 st Avenue Delray Beach, i=L X3444 .. As to C4fVTRACTOR; h unit Land. Trust . ; 145 SW ~2th Ajrenue ' Delray Beach, FL 33444 7. The CONTRACTOR shall not,without prier written consent of the CITY, assign any portion of its interest under this contract and, speciflcaily, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns end legal representatives to the other party hereto in respecf to all cAVenants, agreements and obligations ccantalned in the contract documents, 9. ]r3 .consideratipn of ten dollars {$70.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents Rb'P No. 12-2D 1 D~+TS Rental and Ham€Qbuyer Disposition Sorvices ?s The CITY will pay to the CONTRACTaR the specific consideration of ten dollars and outer good and valuable consideration as specific consideration #or the indemnifcation provided herein, Furtherrnpre, the Gt}NTRACT4R acknowledges fihat the bid pric,~ includes said consideration for the indemnification provision. t U. Ti~is Agreemenfi shall be considered rruli artd void unless signed by both the CUNTRACTCR and the CiTY'. ~ 9. The contract documents constitute the entire agreement between the GlTY anti t%a CUNTRACTOR and may only be altered, amended or repealed by a duly executed ' written instrument. ' 1t.FP Nq, 12-2f31DNS Rental and Hgmebuyor Disposition Services ~~ ADDENDIIIV)t No. 1 CITY 4F DELRAY BEACH RENTAL AND HOMEll3UYEIt DISFOSITIDN SERVICES (Neighborhood Stabilization Frngram) RFP N©. 12-2010NS Addendum Na.l ,dated June 2, 2010 to Drawings, Specifications and Contract Documents for the above referenced project, is hereby declared part of the original Drawings, Specifications and Contract Documents, and in case of conflict, the fallowing Addendum shall govern. bidders are advised that the information enntained in this Addendum is abbreviated and general in nature. It is the bidders responsibility to include all items necessary far the proper execution, coordination and completion of ail work directly affected by this Addendum. • Oues#ian and Answers Question : Section 3(6) of RFP # 12-2i1 i{1N5 (Evaluation process and selection criteria, page 12} says that a maximum of SD paints are allowed for each program; either a Rental or Homebuyer strategy. It states that a proposer can apply fur one or both strategies. My questions are: A) Will the maximum paint fatal be out of 1 OD; B) Or will each strategy (Rental ar Homebuyer) be evaluated separately and the maximum point total will be out of 50 each. - Question A forces the proposer to respond to both strategies to maximize the pai~tts. Answer: As per Section 3. L~"valuation Process and Selection Criteria, subsection .B ,~7igible Programs/Paring: The proposer can apply fur one RFP strategy ar both (Rental andlar Homebuyer). A maximum of 50 paints are allowed far each program. Disposition for Rental Property Program (Multi liamily andfor Single ltamilyj has a maximum 50 points. Disposition for Homebuyer Program (Single Family} has a maximum SD points. 'T'here is also an opportunity far bonus or tie breaker points far each strategy. Bidders shall acknowledge receipt of this Addendum by; _ A. Write the words "Addendum No. 1" on the exterior of the envelope in which the bid is submitted. PLEASE ACKNOWLEDGE RECIEPT OF ADDENDUM Na. 1 )gY SIGNING B)f;L,OW AND 1~A~INrG~~f1~BACK TO 5G1-243-'1156 AS SOUN AS POSSIBL~ ~~~ Date Addendum 3Vo_1 RFP No. 12-20! ONS .lone 2, 201fl ADDENDUM No.3 CI'T'Y OF DELRAY BEACH RENTAL AHD HOMEBUYER DISPOSITION SERVICES {Nei~bborhood Stabilization Program) RFP ~Ia 12-2(110NS Addendum No. 3, dated June 9, 2010 to Drawings, Specifications and Con#ract Documents for the above referenced project, is hereby declared part of the original Drawings, Specifications and Contract Documents, and in case of cont7ict, the following Addendum steal] govern, Bidders are advised that the information con#ained in this Addendum is abbreviated and general in nature. It is the bidders responsibility to include all items necessary for the proper execution, coordination and completion of all work directly affected by this Addendum. • CORRECTION PAGE 13 SECTION 4 A. No. 3 AFFORDABLE RENTS The Palm Coast FNiR vas used itt error on page 13 if should be far the West Palm Beach-Baca Raton area. Replace the Palm Coast FMR's with '{Vest Palm Beaeh~Boca FMR's rates: Efficiency One-Bedroom TLVO-Bedroom Three-Bedroom Eour-$edroom FMR S9]© $1f166 $1259 x]78© X1$34 Bidders shall acknowledge receipt of this Addendum by: A, Write the words "Addendum No. 3" on the exterior of the envelope in wl-ich the bid is submitted. PLEASE ACKNOWLEDGE RECIEPT DF ADDENDUM No. 3 BY SXGNING BELOW AND FAXING BACK TO 561-243-7166 AS SOON AS POSSIBLE. PLA H DER Dat Addendum l~l0.3 RFP No. E 2-201©NS June 9, 201U Contractor shall, in addition to any other obligation to indemnify the City of i~elray Beach i"larida and to the fullest extent permitted by law, indemnify and hold harmless the City of Defray B~:ach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease ar death, or injury to or destruction of tangible property including the loss of use resulting there-from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly ar indirectly employed by any of ahem. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensa#ion ar beneltts payable by or for the Contractor or any subcontractor under any contract or agreement or under warke~'s compensation acts, disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attflrney's fees, appellate, bankrup#cy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be home by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. Contractor's Name Delra Beach Ccammunit: Signature Land Trust: RFP NQ. 32-2D] DNS Rental and Homebuyer Disposition Services ~,... .__.. _ _ .. _ _ ... .. .. _ ... _. .. ...} 1 ~~TY O~ DELRl~Y BEACH Ni~ighborhoad ~arvices Divis~an R~QUE~T PC~R PROP0~~1L RAP Noe 1 ~-~1 ~N~ R~NT~L AND HOM~R1~R DISPOSITION ~~RO~ (Naighbvrhood S~abil~~~tion Program) ~;~ ___ _- __ _ > ,~~, ~ _ . - LL c~ ti r "' Mayor - Nelsen 8. McDu~e Vics Mayor - Adam Franicei IJeputy Vies Mayor - Angeieta Gray Commissioner - Gary p, Eiiopotaios Commissioner Fred B. Fetzer Gity Manager - ©aviil T, Haden Purchasing t7epartmer~t 1fl0 N.W.1 st Avsnue, i7elray ~3each, Fi,. 3344 {581) 2~F3-7161 f 7163 FAX # (561 } 2A3-71 fib ~itne 17, 2Q10 City of T3elray Bead? Purchasing ~Bepart~icnt 1t10~~ 1~~A.venu Delray Beach,: FL 3:3444: b'ect ~e€~u~t fcer prapasals ©~ I~enta~;anc ~~~tebiayer` ~~~p~~i~io~ ~~i"~'i~~s ~~ J Dear Selectan ~am~lttee; it this roposal far den ptspositian. ~ervicePro assts r I ased on.May '~Ve are pleased to su. bm axparc ~-~. as indreated ~~? your Request for p ~cig~borbooci Stabilizati:an Fragr (~ 24, ~Q10: rove the ' AuthQri is to zmp the ~ssic~n of Elie Ilelray Beach I-~ous~n~ already be awares. law aiad moderate tacame fan~tilies, aid provide the appoitY for self su~ic1e~eY y As you may quality of hfe for hausn guaranteeing safes descent aid ~~~~' ~' Chapter 421 arjd estabiisled by The Delray beach ~ousiiag ,Au~barity Was. created under`Florida Statutes, that there was a lack of safe the Delray..:Beach City Coxnmssiau by Resat ~ °n'~h 1970 after determi~t~g cart 'n at are available to persr~ns of low income at rentals or sanitary dwelling aecomrnodat~ai~s rn the y and the ,~ousirig .Authority had been . y~ g they cart afford. This deterini~iatiars still. hays tr€ae taay out this mission since our creation. H~ausng Autbority arrd the City of Delray Beach haue been part~icrs since our `rr~lar oats and .similar development alr~ecti~es which overall The Delray -Beach tttili~ed= ~e have a e~istcnce d share sirrzilar n~.issXans> s~ g benefit the citizens, carnmtuxity and the municiph bit tat on and rnanagenmcnba~ ~ ntal struct~zres stri~tal proven t~aelc reeard v;~th res ect to ae uisztTan, re ualified Governmc q ~ a oral, we area q but the . ur oses, As you vain see in nur p' p fog affardable lious~ng p 1? _ lash nat i~niy our ab~ective~, ,Agency and nan-profit subsidzary_vi~ith expcrienced. staff to accomp Qbjectives .stated ice. the 1'~eighborhaod Stab~lrzation Program as we11. ..an u on ortunit and are ready tv present our proposal.to the ~4y Cr~mrnrss~ P V~Ie are excited about this i~pp y request. Thank you far yo'ar consideration. ~ncereiy, ~~ -'dent DOR~TH'Y ~LLINGTC)I~, CEO/Pres~ 3~Page RFP-Rental ~ Ho~tiebu~ex Dispast©n Services {NSP'1) this#or Chapter 4~1 ~421;Q4} which The. Delray- Beach, Housing Authority was eireated. under Florida statutes; ~ ~' `states. "`In each city, as herein cle~rteet; there ~s het~eby created fhatbs~uclt authority shalt not tra sta ~ any tcnov,~n> ins the.: "Hattsi~tg' Autltorit}!" of .the city> provided, howeye , business ar exercise its pn~.vars heretin€~'er. until or unless ttie governing body of the city Isy proper resolc~tiotz shall declare that iliere is need for-art authority to fU~etitirr in suelt city." une 1.9'1(3., the City Comm~ssioi3 dcte~~n~ that 'there was a lack o~ safe and sanitary dvvellr~g Ih J accommada~:Q~ ~~ the City and ado fed Resolution 38-7(3 declaxing that fliers is a need far an authtrrty the City Carnmtssion adopted td function' in the: City of Delray $ea~ch. Iz~ drily of ~e follaviing Ye~'k Resolution 41-7D which: "approved the appoinin?:~nt of tl~~ first ~3oard c~i:' Gt~rnmssi©ners fir the Delray ~eaah Housing Authority. Years' in L~{1M1 dental H~usin Pr€~ r~rns The Delray` Beach Housing Arathority is azi cirgan~a~i°n dedicated fa improving the quality cif life for ~avsr Berate income fai~-iics, and pttavidng the opp~artw?.ity-fax self sufficiency by guaranteeing. safe, and mo for the ast 4(? ears W~ are governed by a seven xncmber b©ard as seen on the quality hous~tg P y follovvin organiz~tiaxial chart, The same seven: n~ienmber board governs the I3elray Housing: Crrc~~p, Inc., g our non-profit develflpmcntfproperty ~a-~a~agement subsidiary: (~ ar arization and is the development and property` The Delray HQUSing Gr."oup:, Trice ~Hf.') i~ a S01 c (3~ g. mina en~ent arm of the Delray Beach Hc~usmg Authority. DHG was ~i g~roud Bev laprn~e~t ubs diary g Creat~c of ~e Delray Haul g P profit real estate development Subsidiary. ~.nd for: was designed to provide anatlzex xesource for the development of affordable housing; neiglabarlaod, coi~.m-unity a~ad ecgnc~mlc development. Its. ereatien was also eneQUraged by kfC1D to e as a flexible gaol tea engage in real estate development acti~ritieS utilizing existrng assets and to .sere ~c ui:~e atheirs, in order to fu~rtther' itS xtrssian to provide decent, safe, sanitary and a~fardalale .housing far c1 low and i~naderate income aitizeris: DHG is cuz:a~ently sexving; as the developer for the Jest ~: ntairiin ~afficeBaird ~ egside tial space. .Authari-tyys permanent office space, a zii~ed 'rise building co_ g. ivloreaver, as the property mauagcrnent-arn~ afihe Housing Authority, DH~ regularly seeks opparttu~ities tnana errierit, While DHC has primarily served gavernixienta property ovtmers, its visitaxi'is far property: g tee pra~ridc these services far private o~rnears of Both residential and ~mmercal properties; 1~FP-Rental ~i Hameliuyer I}ispositign Services (1~3Sf'1 _. k ~ ~)I'ag.e Princi Ies (GAAP) basis of accounting, as well from Cash to Generally accepted Accounting p seta and conversion to the currently used Scott a ~ shouldered the presponsibilitY tof as the p soRware. She initiated an Service (SACS) accounting rovided better terms and re lacernent banking services that p selecting and coordinating p ustamer service for the Authority. During her 11 ye ~s in charge of the DBHA's accoun xng maim to Ms. Durham's competence, c department, there has never been an ode in ~~ rating quality performance and achievements. meticulous attention to detail, and p g ~~yst for the banking industry for Ms. Durham v~oxked as a Financial and IvllS Reporting artment. The department is nearly 14 years prior to heading the DBHA's accounting dep currently comprised of Ms. Durham and one Senior AceQUntant, Ms. Marian ~ ona~ since its Jurrel H©llis has served as the Delray Housmg Group's Maintenance Pro£es Mr. Hollis served as Maintenance Supervisor for c nlrD led ~~;; ~ a~ Hollis to inception. in 1985. DFIG has Authority for more than 20 Years, begtnning ed ra ernes. He rs provide on-call, lawn maintenance and ro~ain ri el-lousing aQual'ty Standard ~~ pectians and trained in Air Conditioning anal Refuge le lambing and brings a level of customer service that is courteous and dependabenced in situp p er since 200$. She ~s e~cp Yvette Evans has served as the DHG Property Manag worked far Chelsea Conunons as Assistant Manager the property management field having ore than 6 years. She is knowledgeable in into ~ ~~ hearted,~but at the same?time form ersonable an lease enforcement. Nf s. Evans is very p unafraid to make the tough calls when necessary- Governance overned by a Board of Directors, representing va~idOUS ~ ye5~e~s The Delray Housing ~'oup zs g whose members are also members of the Delray Beach Housing Authority a follows: ~©seph Hepp Licensed Mortgage Broker ~~ 3825 Majestic Palm Way Delray Beach, Florida 33445 - Telephat~e: (561) 27b~95~ Chflfi Ar©nson, Architect {Currie, Sowards Agana) -- 1541 Northeast 42"~ Court . Pompano Beach, Florida 33064 (561)276-2889 ` . Christel Silver, Real Estate Broker 278 East Coral Trace Circle Delray Beach, Florida 33445 .... (561) 274-8152 Care Giver, Representing Public Housing And Section 8 Residents _ , • Sylvia 1Vlvrris, 414 Northeast 12'~ A da 33 43 5 Boynton Beach, Flom .... (561)731-4963 Shelly Weil, Retired, FoanderlCEO of Fund Raising Company . ~~page ~~':Y ° RFF-Rental & Hnmebuyer Disposition Services (NSP'i) 1 ~-~ ~ ~<< t~ a7 ~~ •.rn. ts~k r ~ El1.. i~ ~.~1~ 1 ...~ .M '~ y~ I~ ' I-3~ ~,W'9 Aye~uc X10 Units} I3elr~y Bach,. Florida.. ~?~7t~ Man~?~'s Apartments lil[ai~a~ed in 204 ~_ ~4 _ ~ ... '1'~: ~ YY ~'~. ~.~l:~r~Ll~i ~J. vx,...:,aJ Delray Beach; Florida ed in ~~~~ Ivlitcliell.P~op~rty Mai 9~l'a~e ~~ RPP-Rent~.l~Hciriebuye~ Disposition.5eruiCes (1VSP1) 134 S~ 9`~' A~renue (2 Units) Delray each, ~Iord~. C~v~ed and M~a~ed sz~ce April 204. .Delray I3cach, ~`lorda: La France ~parl~'~~L~~~on~xact Penclin~ s i°iz -r~i~rri:~r~ir~ Pig ~~~li~in~ ~t~lr~te~: P~arsuatit tt~ the Neighborh€~od Sfiabifizaticn Program. and reciuirefncnts .stated izt the RFP clflcumen~.tion., rends will be es#abli~lted and made affordable to tenants at `ar below ~~°!~ -of AMI. Units will be -rented for no mare than i~he Fair Market Rents {FNIIt) as published annually by l-III), BY utili;zirig Che Housing Authority's existing Housing ~holce Voucher Program (section $~, rents will be affordable to e~treinely low income fanrxilies i1r that they will be requireel to pay nnly 3Q~t° o their income- towards rent: The farirly would benefit :from the subsidies prt~vded t~,rough this prcgratn while the Housing Authority world ~e ablc fo ease the ~`ental iitcazne ttenant's share ply Section ~ subsidy) to maintain the units at a quality standard: Housing Autr~orities arc allowe~!`tc> establish Paytrerit Standards at a Iev~el between.90°la-and IZ{}°~° of F1VIR prc~uiding flexibility to the A,uth~rity iIi inanaging_ its pr©gram. L1BHA has .established. -.its. Payment Sta~xdard at 9~°fo o~ FN1R's which weans :rents cannot exceed this standard when ,calculating: ten~.n# rents. -This aspect of the prvgrarn v~ri~ll benefit rion-Section 8- loav-income tcnarits whc do nat. boos the benofit of direct subsidy but would be sssured affordability as follows: Final ~'Y 2Q 1ti ~'airli7[~rket Rents (FMR's) b ~Tn~tBedrooms _ ._ _ Fi'tici~.nL~~ _ 1 l~i~droc~~n ; _ ? b~drtanis .. ~ 3 13r:dructs ~ b cfr ~t~ - FA~fR-s $910 $1(?66 $125} $1`80 $134 P~;~mcn€ ;~t~ntiarr~s (9f1°« FILfI) $SI9 $9S9 ~1t33. ~ ~1~02 765E Eli~,ibilit~y, Individuals or 'households who -wish to occupy NSP rental unity must apply directly ~a the Housing Authority in which the applicants will be,trionitorecl for:iricame compliance for the. terra of affordability to ensure that occupants are incgn~.e qualificcl a~ or below ~0% of the area median income at the tune of occupancy. The table below vvzll be used for xzetane :eligibility:. i p~:rs~~~ .... _ 2 wcu.' lc ~[i"/a Uf ~I4~I $`i(1,~?E~~ $22~S,~f1 Income ~.;evel L X25, x'00 ~ $28;550 i t~~ lc G eta LC " $0,5.50 $33,I00 `To select participants; the following 'steps will be taltenx ® lriterested applicants. will be given informatioh r~;garding haw to apply for funding at the Delray ~eaclz Hoiashg Authority Office located at f~0(i N. Congress Avenue,. uife:31013,, Delray Beach F.L, 3344. Irifc~i~nalion .shall include, at ,~ minirrmurn5 a copy of the Housing Assistance l'la>i? and Lead Base Paint warning infarrriation: A Housing Specialist-will lie available to facet with. interested parties to discuss the require.~ne#itts ofthe program. o~,~ a Rf~l'-Rental & Hc~inebuyer Disposition ~eFZaices tNSP1) ~-3 P a g e ~,.,., `~ ]~ex~t Collectaons w current procedures require tenanfs to :mail car hand .deliver rents to the DHG office . Rents. are entered into our. SACS ~liere they are fu.Ily integrated with. the agency's accounting systent allav,~ing for up to date reports. m Tenant Screening _ We subsc~cibe 'to C'haicel'nint~, previously le~own as Applica~it '~ereenir~g and.. Pr©cessing (A~A1') for all credit, evietciris end criii~inal baelegro~d cheeks..: Worl~ 4rc~er )~r~eed~ares All maintenance w€~rk shall be assigned through .our Scott 1~cc€runting Garnputet• Services, ~ Billy integrated system that ix~eludes,rent eollectior~s, accounts payable, accounts recei.~able aid ai~terarice work ardor data, Tenants requiring repairs ~~iill be ibstructed to c~11 the DHG off ce to rcpart needed repairs during normal office hours and will have 24-ht~ur e~iergency access. tc ©uT rrrairitenance departrrient.. ~n ardor to effectively r~naintain the physical cc?rtdition ©f a property, it, is necessary to set certain priorities sa tk~at more urgent requirera~ents Carr talee precedence ever routine needs. IVlaintet~ancc vvorle ~liall' ~e performed according to the following priorities. 1. Errter~sncy - L.~e-threatening or extreme properly damage. These include-loss afpc~wer, hrol~~~ water lines,: fires., exposed electrical lines loose ceilings= no heat when outside temperature is less than. 45 degrees, broken door :locks,. ©r other conditions that may -cause harm to residents o~ property. Emergency' vaork will be accdznplislied within 24 lionrs. 2. U. rent-IVla~c~r inconv'enie~~ce tv resident; pr©perty dan~ae. "T`hes~ are majorly nconveriierit bust:not life threatening Herr uvll cause serious property damage. These r=ay include sink ar toilet stoppage, refrigerator not,runnin~ except om Fridays; den it becomes an emergency). These work orders will be perft~i~ed within two warping days: - ~. Routine; -Resident- i~r ~atlaei~erit request: l~.clucled in this cate~;;or~r are all work items vitiated as a result of tenant or DH~ staff These may hcludc rion life threatening electrical or plutuiain;g repairs, broken window-panes ar~.d floor tiles. or the like. R.outiie maintenance 'is to be performed within 1hre~ w©rl{ng drays; ~-: vacancy Pre3'r~-Prepare Unit for occupancy. A:II vacant units requiring enly tr3inar rehabilitation .shall be made ready within I0 worl~i~.g da~rs or less. 'There nnay be circwnstances that will require major rehabilitatiarz requiring miire time for' unit turnaround. These would ixzost often require outside contracf work and may irivol~ve repairs to fire clamagod units; more than three units requiring. prep work, replacing ma~ar systems; i:e> plumbing; electrical,. bathtub/toilet replacement, replacing doors, t~vind©ws, ar the like. 5. Aber Haurs Service These are received directly by the fJri-call tnaintenanee employee. and will be performed., as necessary oir as elassfed by eriiergency{urge~itlroutine. 6. PlannedlSeasQnal - These v~rould include janitorial work (trash pick-ul3 dailylas needed}~ painting and other scheduled maintenance ta=les. 7. ~peeial ProectslFeriodie -- any type-of deferred. mainteriarice as cleterzuned by owner. E~termiraatlon ~ In order to provide a safe and sa~~itary cnvror~men~'f€~r=a11 residents,. the DHG shall perform, scheduled and ux~sehed~~Ied -(call back) -e~etermination on all properties.. All vacated units will be exterminated once during the males-ready process. ~Y RFP-Rental & Harriebi~gez~ Disposition:services'{NSP9~ 1~ P a g e _:.~ Chief Finazi~~il U(Iic~cz {~r~ality ('vaz~r iil CIfief D1}el ~akisx~:CJitic~~f ~ T~nE~elOpnzcui Ulticl~r vau~,~i Uur17~~ii J,1I.1 G-E,It F~z~z~snclPZ ~hzr ley E'rxrn Np;~t,-el~ Trali ' 4et~ior r'tccc~antar3k ,~, ly lectios~ S'cx~rdirator h~c~~ rr ~I ]El~3f:L1'~1[}ill~Cil ili~l(y' ~ \~iarl~~n ;p>'~sgue I,~~,rcClrar~s l;rici~itteHuif ' ~.., ., n~~i~r~~, ~ 1,« (lni7.ki 3{:kC ~'tltki~e7peC j: i'! ~ t 7 ~Ut'ICIi 1 ~C1~11$ ; Housing ~per• 1,71 i t.r j l~ea~i5~ Z~liders i1~t~sin~Inspec#or/1T .-. t;~~~,rie1~ lael~I:ins' lluizsirz ti zr<ci.~lSiS ~ ~_} PatttP fly. ~3:, . 1 ~-T(IUSifl~111~17C~kiS1' ~~iILL.511Ig, ~hPCl~lihi C'ti~}:IUA~!S s '. _. 'sr l~,E'~.1c1~' _. RFP-Reni"al & Hamebuy~ Dispositi©n services (NSF } i~ ~ ~ a ~ .._ .. apt -paints fdr ~~hr cind ~i~u~sin' ~h~ic~ V~c~~~er pros rem ` N A~ indicated previously, the Housing A~atlority ,plans to utilize its existing ICV i?rograr~i to irisur~ the. units acq~air~cl through NAP will be affordable ~o farrile~ at ~r ~~lauv 5Q%v cif AMI. The HGtI pr®grarrt, formerly known as Section g, subsidizes the r~rits 4f ~Qw irs~nr~e piarticipan~~ who are .required tip pay _; ~f their 'rnc~me towards rent. Landldrds are allowed t~ char-~e no mare than the Ho~sirrg Aufh~rity's Payment irar-dard .defined as 90~ oi: IYMI~. This pi~ograrn assures affordakiility for are target .income group. ~~ Below is doc~tmenfiation oaf i36HA`s 2~1~ renewal allo~atio~ irs fhe atriount of ~1t~,767;59~. ~Y ~EF~, . ~~ ,~ ~ :Redevel©pment P~~tiposai for W iz A~vetiue Duple~~s: ig ~ P a 2 PHAs are reminded that no HAP funds provided under the 2090 Act may lee used to supper( a greater number of unit months than are provided #nr in the f'HA's annual oantrii~utions cantracl(ACCj. PH,4s era also reminded #hat 2040 HAP funds may only be used for CY 201(1 MAP expenditures and HAA costs of future years. The funds may net ba used to support prior year deficits, nar may #hey be used for administrative expenses ar far any other purpose. 1# is each PHA's responsibliity #o retain the appropriate raoorda to support VMS submissions far fire collected periods, as They are subject to on-site revieuv by HUD. VMS data, • as weft as requested adjustments to that data, are subject 1a review icy our Quality Assurance ~'' Division {QAD}, and subsequent recalculation of GY 7010 funding wit! occur if a QAD revtew demanstrates that costs were lncnrreotiy raporlad, resuNing in excess funding. Calculations are net provided herein for CY Z010 administrative fees. Pursuant to tits 2494 Act, fees are being paid solely an the basis of leasing as of the first of each month. Fee rates viii be posted on tits Departments web life to enable PHAs to estimate eligibility. A link for the fee rates will be provided in a separate notification. The to#al fee eiigibiAty for ail i'HAs is calculated monthly, based an VMS reporting, and 1112 of the appropriatioh wilt be pro-rated accordingly. Monthly advances are provided, based an estimated earnings and are reconciled once actual leasing is reported. A final reconciliation will be completed at the end of the year. ._ Please note #hat, in accordance with the 2010 HCVI:' Punding implementation Notice, your - agency rrtay-be eligible for additional funding under the set-aside.provlaions of the 201(1 Aet (See Section 3b. of fire Notice). Applications far these additional funds must be completed in accordance with the instructions contained In the Natlce and received by the Department no later than March g, 2(140. if you have questions concerning your 2010 HAP renewal funding, please contact your financial analyst a# the Financial Management Center, Sincerely, n i• ~~~~~ ~A~FQU11~~fIB2idU6.Q~#ldpAlAQ II~!lgl,l@~ A. FlantaClr~~,,,~,;~a~u~,,~itr.o-~-aim °` ~ tiu~sf~.~n.asnn`~`~ Miguel A, i=ont~nez, Director Housing Voucher pinanclal Management Division re Redevelopment Proposal for SW u.Eh Avenue Duplexes z,1 ~ ~ a g e ~ttachtent ~ -~ ~rtic~es ~f dr~ear~aration A~tTiCLRS OF INCtSR~QIiATTC~i OF DEFRAY AFFC3RA,ABI.S HO[1$TI+YG GAL)L3P, INC. The ~:nde~signed Incorporatpr hereby executes and aeknowledges these Articles of Incerparak.icn to farm a not far profit corporation pursuant Co Chapter b17 of the laws o~ the State oz Florida. ARTiCLS ZZ N~sme ,af . Cor,R,~rat~~ ~~ The name of this Corporation shall he nELRAX A~'~`dRL~19.~iLN HOsJSING CROUP, 1NC. This CorpDrativl~ shall ktaVe perpetual existerio~: unless sooner . dissolved by law. ~~ ` ~L~~ pj rflasea d Po~r~ . Section 3 , 1 ,~~~.~. The purposes for which this Corporation is organized are exclusively public, charitable, ScientiflCr govex'r~mental and educational within the meaning of Section 5oltelf3~ of the IntaXnal Revenue Code of 1.985, as amended f"the C©de"), and sha~.i include (a3a11 of the purposes of the i3elxay I3esch Hauling ~,utharity within ite area of r~peratian as defined by , ~aA21., epeci.fiGally including but nat ' ~~~ . Redevelopment Proposal for SW iz~' Avenue Duplexes a3 ~ P a ~ e .. l7.irectors. The number of Dixectaxs may be eithex increased ox diminished :from time to time zn accordance with the Bylaws but shall Heuer be lase than three (3J. Section 5."~ Member€~f gUax'd. The names and addresses O~ the initial Directors of this Caxpnratio;i, who shall serve until their successors axe elected yr apgainted and have qualified axe; Doxothy Ellington 77D S.W. 12th Terrace belray Beach, gL 33444 Thomas Cdzr~ey, Jr. 81~. George Bush Bc~talevard X7elray Reach, ~L 33983 Alfred Btienne 7575 ~. Staling Bridge Boulevard ~~lray Beach, ~~ 33444 Angela D. Randolph 1.323 Prospect Street Delray Beach, 1:~ 33494 ' Hawn Guz2etta 106 Basin Drive Delray Beacta, ~'~ 33483 ' Dr. Moxris Weinman 13850 t'ia Tivoli. 13e1Xay .Beach, ~'I, 33446 Yvonne wa 1 earl 12DD Southwest 7th Street #~'-2a Delray Beach, EL 33444 Joseph Bernadel ~5 I+T. E ~ F'~,rst Avenue Delray Beach, FI, 33449 3 . ~ Redevelopment Proposal fbr SW is:t~ Avenge Duplexes zg ~ F a g e -~ participate in, ow intervene in iincluding by the pvbliehing ar ciistributirsn aE Stc~teiReritsy any politica? Campaign C]ri behalf o€ any -candidate for public office. Secta.on 5.3. Natwithstarding any other provision of there Articles, this Corporation shall npt carry on any other activities not permitted td kae carried ran by ta)a cnrpc~ratian exEmpt fram Federal Income 3'aac under Sec~ticrn 503. (c} ~3) of the Cflde csr the corresponding pravisians of any future United States Internal Revenue I,aw or (b)an entity or. a carpoxaticn contrsbutions to which are deducta~bl.e under Sect.iar~s 174{c) (1) or (2} pf the Cede or any nt.he~r corxespax~ding provisions of any future United State Tnterral Revenue Law, ~$TI(~LE X Qiaeolvt3c~n If the Corporative !.s dissolved, as~y residua]. assets c,f this Corporation wi31 be di~ttx'ibuted for one or more exempt puzpose ox' purposes specified in Section SU].(c)(3) of the -Code yr corresponding sections cif any future Internal Revenue yaw o£ the: United States. ar ~:he Authority, flr to the F'edera~., or the Flnxida State, or local government for excluef.vely public purpages. Subvert to the ~pregoingf if the Corporatior. is 3issc~lved, any res.ic3val. assets of this Cc~rporatioil will be distributed to a public vorparation whose purpose zncludes the provision of affordable tar using in Delray Beach; Flarir~a, or to an entity c~i.Talxfying urger 5 Y gF~ ~ ~ Redevelopment P~ogosal for SW zz~' Avenue Duplexes a'7 ~ F a g e ~~~~ These Articles of Tncarporation mazy be amended in a~oordan=We with the Florida 1QCt For• Profit Cox•paraticn Act, as amended. I.N Wl'fNESS WIiEhEO~', the undersigned has execuC.ed these Ax'ticJ.es of incorporation, this day of May, 2003. 1~csxothy lington, Sole Incorporator STATE OF FLORIDA CdUN'r'Y OF PAT.E~I REACH The foregoing instrument was aokno~r7.edged before me this day of May, 20b3, before me, by I?orothy Ellington, who is ersonally known to me or who has produced ~, as identification, and who did not take an oath. #EV~r~~ N07IAY TRTEOI~IWlRti< COIMtiaagk / pp11 fa06 ex~~a u~nsnooe arc nMS- wrr++oT.Mw (SEAS. ) 7u,u ~«:~ Print Name: fi/~~/~LF~ruc~ Notary Pub~.ic Cammissiort Expixee:.~"~?~l~9cG{ Commfesian Na.: ~~arr~o~. 7 `~yY ~~ Redevelopment Proposal for SW mo`t' Avenue Duplexes zg ~ P a g e ~.....~ p,:o ~. ~CdX :25t~8 ~`x7Ct~51~5A'~'~ f C}~I 'R~a~p~. . I9~a'~ y ~.7053Z'8~72~,A6~ :~ ' , ~3L<`Xa~I.~C' HO~3~~AI4~- ~~~'JLt~ :1~fG. Cd7Cit~s:'~ ~°~~~px~c COQ N ~'~lU'C~~~~ AVk; S'i'd 3S(#~°~ i3~.G7tfi~t, T~~aB~u ~~ ~fi'67.~ ~~~X k1;CET r ~~ 3 3 ~ ~:5 -:~ ~ 6 ~F G[rxl~a~t ~~han~ ~~r: c~u:~ ~.+~tt:ex~ ~~~~ Nl~~' ~~ifr?~, ~~~~~d Y~ ~ro~3d ~~, ~a~emp~ ~~`C31Yi 7F~d~~~1 ~:x~came ~~~ ~~~~r ~~~~iax~ 5Q1tc} ~3) af. ~~~ ~rs~ern~~: ~~~eYtt~~ Cbdc., ta~.~ .~~u ~ri~u~. ~~ ~rea~~c~ ~ ~ pu~a~~.~ ~ha~it~, x~~the~ th~i~ ~ a ~~~v~t~ ~o~anc~~tra~. ~ur~.n~ ~~ ~d~ra~ia~ ~u1~.~;g ~~a~~.c,fl.. ~~t~e~i ~x~ the a.rz~~~ra~~.~~c ~ . Y~ ~ub3~~att~s~} ~~t~ e~ ~~.~~~~~~ a~ ~ ~ukil~c ~h~a^~:~~r ~i~z~~x ~~e C~sd~ ~~~ti.an l~,stad ~n .tire. haad~.~aa~ o~ ~k~is :1.e~:~ex< S~x~~e ytiu. exempt .e~a~-~~ w~~ ~t~i~ z3r~~er cnn~~,derati~.~~., X~~ ~ta~.~anue ~~s ~~ ~~~~~~.~~~+~ .gin t~x~art~at~,o~a, exempt ~rc~m ~'a~e~~~. ~~cam~ tax: u~.der ,eecrta:c~n 51}a~:{c) ('~) cif tka~. fade Pa~til~~.~at~.~~ 5~7; ~ax~.~xexnp~ ~tatu~: foa~ 'xossr 4~c~ani~~,£~.on, ~resv~:~e~ c~et~i1,~~Y ~x?~v~cm~tivxz ei~out your x`~.gh~s ~~ ~e~pc~xasib~.~.~~,~.~ a~~s- a~ exempt .org~n~~at~.san 7~~u rn~.y req~~~t. e.:copy ~y ca~..~:~.n~r tine ~~1~...;~x~es numlaer ~nx~ ~~rm~.. (80#?j ~~~~~3~7~, ari~q~~at~:c~n ~.s a~~t? ;~~r~i~,~~xe. can ~ :~a~t~r~et ~~7J ~~~+~ at ~~ y'citi hive .~c~.er~l: qua~~3viY~ ~ksot~~. ee~~ rsi^axi3~a~~.or~~~ `~.~~ c~1. i~u~ ~~~1w~e nxxr~~r ~howt~ :~:~x the .he~c~~.xtg ~?~.~~~~ 3~eep i<h~t~ 1e~i~er ~za ycu~ .pexm~zierit zeaco~c~~;. ~~r~eer~1~~ y~ux'~ ::~„~ R . ria : o F F b~:~e~~o~~ ° x~:~ti~t ~~~~r~~s~et~.on~ T~~1i~~tt '~~~ A~r~e~t~~~xt~t~. . - ;' ~~ ~~ r„~a ~~H ...w~ 4:i .ri ~. . Y ~~. aP ~, Tte~~r~lape~~t Prap~sal ft~r=5~V ~z`~' flv~x~rae,Duplexes 3~ . ~' ~ ~ ~ -~ Fonn 890•t~ f~eFJtlj Page 'L t of Pro ram Setviee Accom !isltments Bee the instructlonS tar ~srt 111. Statem ~xpen~es en What Ea the argenEZratEOn's primary exempt purpose? Affordable FIA7iEStn ~ communi deuelo ment ~rsd (aj argenizaucon~s t7escnbe what was aofiaved En CarryEng out the arganrzatEOn's exersAp# purposes. In a Clear anck concise manner, descnbe the servaees pravEded, the number o€ persons banehted, ar oilier relevant tntarmahan for each program tole, end A9a71a]{1~ trusts; oplEOna] for of ers.) gg Property_1Nana~emet~t-to iow~income t~rwllles (? units are i>ielray_ Housing Grou„p~ Ina _nwned, and __, 6 are owned tsy the Clay of Oclratr Baaohl,_-Enprior_years, had managed a 15 unit C1L4 owned 61d~j:-_- Itn~ugh Au8 ?a~g1l which is scheduled for redeveloprnent.___________, - - ------------•--------------------- _ ©rants M lhEa arnouni Includes 1areE n rants oheok here - © 28a 21,321 Grants if Ih ama nt Encludas foreE-n rants check here - 29a 34 ------------------------•---------------------•-__......-~---------------~..._............._._........-•---------.__------- Grarets It thEa amount Encludas foreE n rants oheclc here - © 34a 37 Other program servECes (attach schedule) - - Grants $ If this amount includes fareE n rants shack hers - 0 3ta 32 Tntat program service ax enses (add Itnes 28a thrnu h 81 a) - 32 21 32i ._ lisrt of Offoera,l7tre4tpAS, Trustees, and Key ~rnpEoyees, i~st each one even tf net com ensaled. (See the Enstruclttsns for Part IY] ...... .... .~ _.r~-___ 16) Tate and average Y,...... ne. week lal Compenssuon 7H not n~id. (d] 6sntnhuasns m a1nEWeA tleaAtl! uESf3s te] Expense ett9nl3fAl Alfid _..-. ~5ee Attached Scheduts----------------------------------- i ~~ Redevelopment Proposal for 5`~N ~ Avenue Duplexes Farm 990-EZ 12a0E3) 33~Page Faun gug-EZ fzop8! Page 4 $eaiion li01{c)(3) organizations only. All seeiton 50'I{o)(3) organi2atlons must answer questions 46-49 and sample#e the #abies for lines 50 anti 5f_ 46 Dtd the orgartfzatinn engage in direct or Indirect political campaign activttle8 on behalf of or 1n oppnsttion to Yes Nlo candidates for public aftice? If "Yes,° nomplete Schedule G, Part f ~ / -_ s7 Dld the orgenixala7n engage to lobbying actcv:ttes7 It "Yes,° wmpiete Schedule G, Part li 47 / . .48 Is the organtzatlan nperadng a scttacsE as described 1n section 77fl(ts](1}(Al(ii)7 if "Yea;' complete Schedule E , ~ / Aga Did the organization make any transfers to an exempt non-charitable related organization? 4i]a `~ b tf °Yes," was the related organlzatlon(s) a section 527 organtzationT 49b ~ Complete this table for the live hrghest compensated employees (other than officers, directors, trustees and key employees) uvho . each received mare than $7fl0,flOp of compensation tram the orggn+zatlon. if there is none, enter °None." ta] Name and add t~sissn 5700,(ffW ployee Pe1d mare tiff Title end average davolndorpvs ton tGl COmpansauan (dl Canlnhuhans to deferjrd CDmPBnsahPn tel Pxpnnsa other a~SaWances NONE _____________° Total ns3rriber of other employees paid over $7 110;000 - 0 57 Complete this tabi6 far the five htgtlest compensated Independent contractors who each received more than stva,auu at compensation from the organization. tf there Ie none, enter °hftane " tai Name and addieas oT each independent contractor Paid mare then;toopoe le] Type o! seroxs} ln) oompancatian NUNis .....................................~ Total number of outer lode UnOerpenalllesaf and 401reE, ipis true ire each rerxtvtrtg over $700 000 - i I __ ._ t have examined this retv+ti, including accompanying sehadufes end statemanls, andtothe best at my tcnnwtedge gte Declaration oT araoarer t0lher than otfscer) Is based tin ail rntormafion of +Htnsh pregarer hag any gnawiadge Sign '/" , u Here ~ $tgrml+xeofo~ca Da Oatoth 6tlington, President ..,,-,_. Type yr print name and lAla ' Hate eckiE a I tea'sldam[yvgTAinh®r(Sear>sFrucke~e) PSlit iheparer s ~ H T b - ^ Pr8R8re1?S rrs srgna am Flnn'sntaneioi'YOUis ftfJ - tfSe Only d sal7~employod) address att ZlP +• A Phone no ^ f ! Nta the iR 5 discuss this return wdh the r arer ShOWli 8b4VB? See 1n9trtiCtEi7nS ~ ~ Yes ~ NO l=nrm 990-f:Z (2pt}e) S^r "Di ,~` ~, Redevelopment Proposal Far S"VV zi h Avenue Duple~ces 35 ~ P ~ ~ e • Sehedule A tForm 996 er g90-FZ12008 Page ~ Support Schedule #or Orgenizatiotts #esaribed in Sections i70(b][i]{A]{ivy and 170{b}{#){A]{vi] _ _ (Complete anly !f you checked the box on line 5, 7, or B u# Part t.) Caf_~Snn A l7Sehtir Ct,nnne! Calendaryear iartEscat year betpnrrhsg in} - {a 200A (b) 2t105 (c) 200& Edl 2007 (e} 21)QS (f} Total 1 GliFs, grants. cantnbuhons, and membership fees reserved. (Da not tnctude any „unusual grants.') 29,278 0 100.814 0 b 122,092 2 Tax revenues leveed #or the nrgan~zauon's benefit and Dither paid to or expended an its behalf 0 0 D 0 0 0 3 The value of services ar taafrries fumished by a govammentai unit tv the argamzatlan withaui charge 12,000 72,040 92,1180 3,000 0 39,040 _ 4 Tatat Adti lines i-3 33,278 12,aD0 i12 894 3,040 0 161,092 . 5 Ttte portwn of !Dial cantnbutlons by each person (attler than a govemmentaE urnt flr publicly supported arganfzatlonl rnGuded on i3ne'1 that exceeds 240 of the amount 0 shown an tens 11 erofumn [0 . 8 publ-res tt Subtract tine Strain Ime 4, 151,092 Calandaryear(orl3scatyearbeginninginl- (a12004 [ts}20D5 (cl20itfi [d 2087 {e}21108 [QTfl1al ? Amounts from tine d 35,278 12,000 112 814 5,000 0 1fi1,092 - 8 UYoss rncame !rain rntereal, ttiwdands, payments reoerved on secunties loans, rents, rayaltres and income from similar sources 245 #,385 1 aa3 944 72 4,030 . . 9 Net income tram unrelated bualness acbvdres, whether or net the busrness !s 0 0 0 0 0 0 regularly carved an 10 C)ther cocaine. C)o net include gain or lass tram tlse sale of capital assets (Explain m Para lV } 4 0 0 0 0 0 , 11 7ata1 support Add lines 7 through 10 ! 65,122 _ . 12 GTCSS raGClptS !torn mlated aCtivitle8, atC. (see rrrstruCtSflrasl 12 118,598 19 First ifV@ years. tt the farm $911 la for the arganlZatlon's trrst, Secon d, ihrrd, totfrtil, flr fifth tax year aS a aSCtton 50i{G}`3` oroarerzetlon. ehectc this trnx and atnn here _ i4 Publlt: support percentage 1nr 2t100'(Ime 6, oolumn Ef} cflwded tpy I€ne 11, colurnrl Ell) 14 ar.aa y, ;t6 PubRa support percentage from 20D7 Schedule A, Part IV A, line 28f i5 98.25 % 16a 33'h'yo »upport teat-2008.1! the arganrxatian drd oat check the box an lEne 13, and 1Fne 14 !s 33'!s % or more,Check it!!s twx colt stop here. The flrganlzahon qushfres as a publicly supported arganr~atlon .- m b 33'h 5k. asrpporl test-2#107. ~lf the flrgeruzatlon d!d ntrf chedk a trox on tine i3 or 18a, and )roe 15 ls.33'h 96 ar mate, Cheek this box and stop here The flrganrzatron gtra5fies as a publicly auppariad arganrcatlan _ _ ,- ^ 17a 1091 tacts•am1•circutnstattoes test-2008. It the orgaretatlan did rso! Check a box on flee 13, 1tla, or 16b, anti line ] A !s 109fi ar more, and !f the ar0anuatlan meets the ``facts-and-clroumstanCas" test, check this box and clap !sere, Explain m Para lV how the arganuatlon meets the "facts-and-nircumstancea" test The organrzatlan GuaLhes as a publicly supported orgaruzetron :* h io°Jo-iatts-sled-citaetmstances test-2007. tt Ote nrgartltatron dtd oat cheek a twx on tine 73, ilia, 18tr, or 17'a, and Itna t5 ~s t0% or more, end tt tics organization meets the "facts-and-r:lrCUtn9tarlces" test, cheek this box and atop fiere, Explaw !n Part IY ho+x the argenuatron meets the "facts-and-circumstances Yeat.7he organrzatton qualrhes as a prJbhcly supported flrganrzatwn _ .^ ^ iB Private toutfdetlon. tf the orgamzatlon did not etteek a ttox an line i 3, tfia, i fib, i7a, or i?b, o#teck this box and see rnstrucbons ^ ^ ttohedala A {Form BBa pr 9aao-azl 2009 Y $E Redevelopment Proposal for SW ~at~ Avenue Duplexes. 37 ~ P a g e • 5ch0tlu3a A (Fams 990 ar 99U-EZ~ 2068 ~a9B '4 SuAplemental Information. Gornplete tMls part to pr©vide the exptanaiabn requtrecf by Part il, line 10; part li, lone 17a or 1 Tb~ or Part IIl, line 12, Provide any ocher addkfional infarmatian. (see insiructlQns) $thedu3e A (Form 996 ar 990•S.LI R0o9 f ,~ ~ Redevelopment Proposal fax SW ~~~' Avenue Daplexes 3g ~ ~' a g e f~ --° . µ µ;.,~ ~~ ~at°r~t veil ~~ ~ ,.°:~~~ ~~LRA$T $E~. H~U~I1~T~ ACI1~~~'1 ~`Ii~A~C~AI~ TATEI~N'I`S ~~ ~~t~r E~de~ a~ eh ~; ~~~~ <~ ~`t~, ~. R~cle~eiopment Proposal. far 5't~' ~ ~' .Avenue Duplexes ~x ~ ~ ~ :~ TAB~,F 4F CUI~TTENTS I~A~~ Schedule ofFederal Awa~•ds ...................................................:...........................................................44 Nates io Schedule afFederal Awards ........................................................................................:........4I Schedule of Crrani S#atus ..................................................................................................................42 SI.~PPLEMENTAL 1tEPORTS lndependenl Auditat•'s Kepari an Intcmal Cotttro! aver li'inancial Repartiatg and an Compliance and Q#her Mat#ers I3ased ozt an Audit of Financial Statements Pcrfarmed in Accordance with ~ovcrrrmerrt}3uditir~g Slnndarcls ..................................................................................„ ........43-44 Independent Auclitax'~Repart on Canxplianoe with Requirements Applieab! a Ta Each Major Program and on Internal Can#rol Over Compliance In Accordance With i7MB Circular' A-133_.......,... ....................................45-46 Summary Schedule of Prior .4udit Finclings .....................................................................................47 Schedule oFl~inding~ and Questioned Casts ................................................:.........................._...48-49 Y PPH ~~~. Redevelopment Proposal far SW xa~ Avenue Duplexes ~3 I ~' a ~ ~ lJelray Seaeh 1-Iousitig Authority Page "lava . The 1Vtanagement's 17iscussian and Ana(_ysis an panes 3 through 11 is oat a required part of the basic financial statesnestts but is sttpplemetttary information required by accounting principies gesterally accepted in fhe United States of America. We have applied certain limiter] procedures, whicls consisted principally of inquiries of rnanagesnen# regarding the snetltocls of nteasuresttent and peesentation of the required suppletttentary infarntatian. Tla3vever, eve did oat audit the infarntation at3d express no apinian on it. Uur audit }vas conducted far the purpose of forming opiniosts an the financial statements that collectively co;uprise Delray Beach ]Tooling Authority's basic financial statettsents. The accompanying sttpplementa] finattcia] data schedule is presented far purposes of additional analysis as required by the United States .~ Department of T~a~tsiug and Urban Develapmeat and is not a required part of the basic tinancial statements of Delray Beach Housing Authority. 1']ta suppiententa] schedules of net assets and revenue, expenses and changes in ttet assets -Public Hauling Program CFDA 14.850 and Capita] 1~und Program CFDA 14.872, and Pragraitts are also presented for purposes of additional analysis and are not a required part of the basic tinanai~l statet7tents of Delray Beach Housing A~ttharity. The accorrtpanying schedule of federal awards is presented far purposes of additional analysis as required by TJ.S. ©ffice of Management and Budget Circular A-133, .r4udits of Mates, Lacal Governrrtents, and Non-Prafrt ~rganizdtintrs and is not a required part aCthe basic financial stn#ements of Delrffy Beach Hausiitg Ai[tltari€y. The schedule of grant status is also presented far purposes of additional analysis and is not a required part of the basic finarscia] statements of Delay Beach Housing Authority. Such information has been subjected fa the auditing procedures applied in the audit of the basic financ[e] statemen#s, xnd, in our opiniost, is fairly stated in all material respects in rota#inn to#he basic financial statements taken as avvhole. ]~ecember l4, ?009 2 Y Bp j ~ l2edeveloprstent Proposal for SW iz.~' Avenue Duplexes q 5 ~ P a g ~ lll!,I..RAI' BEACH HOEING AUTI;IORITI' i1~ANAGEiVIE1~'T'S UISCUSfiION AND AN?~L'i'SIS (1~ID&A) l~latvh 3l, 2Q{19 Zlttr discussion and analysis of Delray-Beach Housing Authority's (BBIIA) tnancial accomplishments provides a synopsis of the Housing Aatltority's financial activifiies far the fiscal year ended March 31; ?©(19. Please read it in conjunction with Defray Beaclt Housing Authority's Independent Auditors' Itepat~, financial statements, accamp~ttiyi~tg notes and supplementary information #o the basic ftna~tcial statements themselves. This information is being gresentsd to ltrovida additional infv-xru~tion regarding the activities of the AtxthorilJ• and to meet the disclastue xequiretnents of Gaverttment Accounting Standards Board Statement Na. 34, Basic Financial. Statements -and Managements Discussion and Analysis -for Stale and Local Govemtnents issued June 1999. Campat'ativc infortnatian between the cturent year and the ptiar year is requ'tt~d is be 1>resen#ed and.is included in the MD&A. Questions conce~Yting any of the information provided in this report ax xequests far additional information should be addressed to the Presidentl~E[), L7elray Beach Housing Authority, 6(14 N_ congress Ave; Suite 31413, Delray Beach, Ft.. 33445. I+'INAIr1CIAL I~GHLdGA7'S + The assets of the Authority exceeded its Liabilities at 1Vlarch 31, 2489 fiscal year end lty $4,283,074. Net assets at March 31, 2449 consist of $~55,OSQ invested in capita! assets, net of related cLeltt, $367,168 restricted for Housing Assistance Paytrteriis (HAP) to landlords, and $3,Sfs0,856 grhiclt is unrestricted, $2,9Q3;472 of which is invested in a joint vexitutu, and $657,384u4iicli is available to meet the obligations af'#lte Housing Authority's operations. 'fatal operating avenue was ~10,2[1R,822. I3l.JD and other government operating grants of ,: $10;058,506, tenant revenue of $55,I1fl, and $85,206 in other i+evenues make up the operating reti°anue total. • Total operating expenses were $11,288,324, cotnp~ised of $10,232,875 in l-lousing-Assistance -~• Payments, $51,424 in depreciation expense, and $1,4t14,t125 in other operating expenses ~vltioh cover administration, tcttant services, utilities, ordinary maintettd~nce and operations, protective ='; services,, insurance, extraordinary maintestance, insurance premiums and other general expenses. -- The non operating revenue {expenses) is eatttprised of interest income of $20,159; and gain an the disposal of automobiles replaced b}+ 17BI-TA of X4;494. bVEIZVIt~W OF THE FINANCIAL, 3TAW1']C.IVIENTS The government-wide financial stateiri~ents acre designed to provide readers with a btvad ctveraiew of the Authority's ftnanees, in a tnatuter ,similar io aprivate=sector bnsixtess (entezpe ftutd)x v~iltieh uses the acaruul basis of ac.caunting. Revenues 'are recorded When fltey .are earned, assets when acquired; an~i expenses .and lialrilities_ ace recorded when incurred, :regardless of the tutting of cash reeeipt~ aitc! payments, swY sF ~. Redevelopment Proposal far SW ~ Avenue Duplexes 47 ~ ~' a g e DELRAY ~3EACU Uf)USTNG AUTHURITY M~il'~AGF:!'iE]~'T'S DISCUSSIUIV ANTI ANAL'Y'SIS (n'in&A) Maxch 31, ZOp9 ASSi+TS, LIABILi'i'iI1S AND NE'i' 'ASS'TS )14zu'c11 31, MAreh 37, 24Q9 2008 Variance ASSETS C~~rrentl3ssets Cash- anrestric~ted $595,124 579fi,28D {xZt11<15G} Accounts receivable, net 5102,012 $197,'~Z1 (:195,93)3) Prepaid eicpenses and other assets 5125.001 9 621 55..5,380 Total Cmn:ntAssets $823,137 51_DG3,R22 (.R29P.ti851 Restricted Assets Cash- other resh•lcted S41~ ~G7 X1,355,2351 TutalRes3rintaciAsseth l~117,232 $1,783,457 tS1;38o,335) Non-ourrent Assets Capital Assets, net of Depreciat€on Capital Assets n©# being degrECiated X25,843 51,099,291 (5X,073,39$) CaEital A,ss~c#s being depreciated $42~, 4~I57 3_~7 831 SG6.325 TptalCepital4ssets,nelofT)epreeiaticm $45D,D50 $1,957,132 LS1,U07,b.=2j OlhetAssets Ss,L-97,t122 51528~G# $1.458.358 Tott~l Ncm-cuQen111ssets R3,59'1,b72 $3,p8S,786 $961,28a Total Assets $9~E . 5 933 075 1$.~~,~~4i~~ L1ABlId7"iES AND NET ASS);TS Cun•ent Liabilities BankoverdraFt $28,975 $t) 52li,915 Accoumspayable' ;p.;,ri,9'7tl 523946 518,024 Accrued IlabilKies $S$,T71 57'7;249 511,522 ActQmrts payable - ]IIJI1, athe>" gavernh-entR & PAA''s $3+J8 $0 5298 t7tl~w•currentliabililies 1~IHY 5448. 51.392- TotalCnrren#Iaabilities~ 516,5,754- $I'05503 $60,151 Gurretli liahillties - Payable ftox0ltesotxicted Assets Tenant security depasNr a 1,508 S30D $70B '' S Redevelopment Proposal for SW lz~' Avenue Duplexes q.g ~ P a g e e. DELRAI' BEACH HORSING ARTIIORI`t`~' A~t,ANAGE~EI!'~''4IIISCUSSION ANDANAL'YSIS (1VID&.A) A4arch 3l, 20U3 ~`aniia! Assets :taci Debt Administration (continued) As of A~larch 31, 21149, the Authority's investrr-ent in capital assets far its gaveriunental activities was $355,050 (net of accumulated depreciation and related debt). Tlus investment in capital assets includes laud, the duplex binding sitting an that land, imps<<ements to tl~e duplex, a donated condominium, leased atkuinistrative offices improvements, furniture and equipment, au#omobiles, and computer . sallwal•e. "' Current Liabilities inct'eased $60,151. 'I'iminu accounts for most of this increase, snclt as the Creation of an artiftcial 'hank overdraft' beeanse 1-I.A1' equity is inquired to be reeflrdad as restricted cash. Since st~rrte of the HAi' equity is held in the foam of receivables (izxaoming pnriable vauel-ers p:~~ments due from other housing .Authorities) and net cash, and because of the time lag created when paying interoatnpany liabilities to vertdars and being reimbursed for those expenses, it.forces the retarding of an `overdraft' i~t the recording of financials in Ii1JD's Financial Data ~chedui~e (FRS). Long-term liabilities consist of $18,555 in F3~ escrow balances on deposit (wluch decreased $25,559 during the yvar), the .$i;93,5~5.0 .pass-thra receivabie (which decreased $125,685 during the year} for security deposits tram iandiords which is awed to the Florida Housing Finance Corporation who j7aid for fire deposi#s on behalf of 3~zuriaane viotim i~nants, and a $95,000 Aprii 2004 mortgage on a duplex purchased by Iha.nan-profit from the CitA. The CRA holds the mortgage and the mortgage is defer~•ed for .a period of 20 ,years and forgiven at the capita#ian of the tetra, provided #hat the DHCr maintain the units at aBbrdable tvpts as defined by HUD's annum Fair Ivlairl~et Rents. Tltc units era fully occupied and provide gross re€-t income of approa-imately $22,2001year. 7 y Redevelopment Proposal for SVtt rzn' Avenue Duplexes g [ P a g e ......~ DB)I.,RAI' BEACH DOUSING 4rJTHQRITY MANAGEM)E;1\'T'S 1?ISCUSSr©N A.ND.~I+I.~i.,1'SIS (1VID~kA) March 31; 2QU9 Operating Revenue deceased $2,639.485 over the past year. There were $1,148,079 in reduced HLTD apea'ating grants receipts during thevear, with $795,53$ carving from reduction in HUD funding for the Scctian 8 Housing Choice, Disaster F3ausing and the Disaster Voucher programs combined {HCV, DHAI', & DVP}, as I-IIJI? famed I3BHA to spend down its Dash reserves. Another-5141,518 carne from decreases due to titnin~ in the reeartling of capital fund gr.Ettt revenue. Capita! fund grant revenue is eamed when the actual expenditures that had barn budgeted for the program are made, and vary year by year. Tltere t~+as also a $251,©23 seduction in Public I~lousing funding as we entered the 3`a and last calendar year of xeduced Asset Repositioning Fees subsidy which ends June 2449. A $1,59$,x47 decrease in Tenant used ltenta! Assistance program revenue as the temporary T~RA pragiarn came to an end - as programmed, makes up the decrease ut Other Government Grants. There was a decrease, of56,214 over the previous.year on fraud mflneys recovered. `Elie de~aeases were offset by' a $34,423 increase iut textattt- revenue, mostly from $24,194 in increased F8S escrow forfeits, and 55,278 of court ordered restittitians far-fraud and vandalism to the Public Housing program; :rttd a $62,428 increase of Other Revenue, $47;254 of which came from the value of fine eondominiutn donated to the Housing Authors#y; management fees of X14;975 earned far rnanagetnent services stn#ed June of 2448 fot'.six units owned by the City of Delray. BeactL Miscellaneous tnirxar changes make up the remaining difference ~~' (Urtet•ating )Fxneuses increased $325,425. The 530,189 cambizied increase in. administrative, tenan# services, utilities, ot'elinat3+ maiaettenancc, pro#ective services, and.insurance premiums attd other general expenses is a compilatiatt off' both increases and decreases. Far example, salaries increased by only $2,140 stet far the year duo to freezes in merit increases far same employees, and, the hiring and terminations of staiCf~, lrut because $174,451 ofsalary expense was allocaiecl to Ehe investment. in the ,jain# venture as art operating #ransfer~out, it appears as if ;salaries liad been reduced by $2,732 aver the grior year. In the same manner, insurance premium refunds-received during FYE 24p8 for adjustments made to prior years make itlsura#tce expense far the current year appear 518,Q37 higher. 'T'here tiyere reductions in truck repairs acid gasalitte purchases far the inspectdi• vehicles due to replacement rvi#11 xiewer and irtore efficient automobiles. Another $289,414 of the increase is due to housing; assistance payments ($1,734,594 increase ila the Section & program voucher payments; t'edueed by $1,4.42,5$4 decrease in rent payments to=landlords for' the TB1t A vouchers grogram). "~ieratittg expenses wire teduaetl by a tcital of $524,826 through allocatia#ts ka the faint venture. 1Vt+n-Operative-T•tevettue. tLxRensES) deci~ased~ $55,2&~. 'We did trot. receive amy FEMA fnnds this year, l:.ast year we had received $13,833. Additionally, duo to hard econonsic times, and the reduction of caslt balances dui to HiTJ7's using rip I3A's reserves,. there was $'46,526' less.in iniestiltent ineoinc than was received flte previous year. 'The retraining FYas ~ ~A,494 gain an the sale of the Housing Authority's automobiles H+hich were teplaoed during the year, war $~•r r L ltedevelflpment Proposal far ~[N u~ Avenue Duplexes S3 ~ P ~ ~ e ~,.,.... -~ IIEI.RAI' BE_A.CH Hfl13SLNG AUTH(11~3TY 114A1lAGEiE~EN~'°S DISCUSSiQl'+i AND :iNAI,1'83S (MD&A•) March 31, Zg09 T~Uture events tlsat_will financially lrntaat't the Authority (continued} 3. L".onstructian ciacunzents rvere cantpleted far the 14,000 square foot mined use building to 6e developed on a parcel owned ley the Cntnmunity Rcclevelapment Agency (1:.12A}. l'IBHA plans to purchase the land cad offset its predevelaptrtent casts through the utili:zatinn of an Ameiicar- Recovery and Reinvestment Ac# {ARRA) grant in fihe amount of ~393,6t}1. ~O Financial, Inc. . , has been t'etained to package the financing, of the project with a focus on New Markets Tax Credits, a financing mechanism that could prnvicle a net equity-like subsidy that will equal to approximately 20°io of the proposed development cost. The development cost is estirrcated at $S.4 tnillian inclusive of the land. If is expected that a private loan of approximately $2.4 million Evil! be t~equit~ed, Twn thnusarrd square feet of the building will be leased nut to cnrnmereial entities, genexatin, approximately $21 per square font and three puh7ic Housing units will occupy the 3`a floor to be tented to families at ar belovsr 80i% of Axea Mediae Income. These units are expected #a generate approximately 5300 pet• unit month ar $10,80U in federal subsidy. 9 , The I3$HA received its first of five annual allocations of Replacement Housing p'aetor funds duting FI' ending 31311201(!. 't'his. equates to approximately X300,000. These funds tttay riot be used frn• adrnicristrative expenses lout only fdx unit development 5. Recent I-II.JD policy governing the Hauling Choice Voucher Program l~~s created an adnunistrative challenge for this housing authority in that we have spent all of our HAP resen~es in support of IIAP expenses since January 2009. In order to prevent tertttin,ation of families, we Y•educed the payment Standard to 80°!0 of Faix Market Rents (Fi1![R} effective October 2009. In __ addition, we Dave seen a reduction in the amount of Aclminishative Fees earned From HLtI3 and will be forced to drastically reduce expenses during the next year in order to offset this reduced w:; federal support. ' Il Y pE. Redevelopzxtent Proposal for SVI~ ~~' Avenue Duplexes ~~ ~ P a g e . -..,~` -~ DELRAY BEACH HnL?SINC AUTHCfRTTY STATEMENT bR NET ASSETS Marc~t 31, 249 PRIt1'IARY G{a'4'EI2N11~1EN7' A SS1rT5 (~urreut Assets: Gash, unrestricted Receivables, net Prepaid expenses and other ctu'zenl assets Resirieted Assets: Cas1~, z•estticterl Tenant security cleposits Non-current Assets: .u~zTA~, Assr~s Capital assets not beinn depreciated Capital assets baize dzpres~ated, net C7'H~It ASSETS Inves#znezrt in ~ Dint venture t7tl3er assets $ 395,124 102.412 126,441 To#ai Cuz•rent Assets 823,137 415,724 1,508 Rsstrieted Assets 417,232 25,893 424,157' IVet Capital Assets - 450,45U 2,943,472 193,550 l'3t$ar Assets 3,497,1?22 Total Non-Current Assets 3,547,072 Total Assets :~ 4,787,441 See aecompatryi~ notes #o.fiztaxiciat statements. 12 ~` Y ~~ Redevelopment Proposal far SVV tz~' Avenue Duplexes 57 ~ P a g e ~_.. DELR~i3' BEACH H4LT,~~]1TG ALT'1'~~i7RIT~' STATEMENT GP RES~NIJE, EXPENSES A~'D CT[ANGES IN NET ASSETS For the `ear knded M~'ch 31, 2009 PRt1bZARY GO~~~TI~~+NT C3I'ER'~TING RESrENUE T~Tet tenant revenue ~ f5,11£1 flpera#ing grants and subsidies - I-ND 9,927,71 I Other gcsvernrxtent grants I3t3,79S Other revenue 8S,24G Total Ope~•ating Ret=egtte tft,2(t$,822 OPERATING EXPENSES Administrative 892,727 Tenant services 52,725 Utilities 5,479 1VJaintenanoe and aperatians 27,719 Protective seivicea 4~-7 General.expanses 21,928 Housing assistance payEnts 1tI,232=875 l~epreaiatinn expense 51,424 Total U~etating Expenses __ 11,288,323 Income 1~•pttt 4petatians (l;t}79,502) NON OPERATING REVENUE InvestmentayxooFne - re.~stricted 8,972 Investment. income - unrestrictcd 11,!87 Gain an sale Qf eatiital asset 4,094 Total Nbn-Operating Rei=erlue 24,253 Net Lass (1;©55,249) NET ASSETS, begtnni~tg of yeas 5,3.38,323 NET ASSETS, end of peat $ 4,283,074 See accoinpat~ying itafes fo tinanoial statennetits. I4 r sy;~ . Redevelopment Proposal far SW aa~` Avenue Duplexes 5g ~ P a g e DT~1RA1' EEACH HdLiSING AUTH~RI'I`~' STATEMEi~'T ()~' CASH FLaV4'~ is or the Fear Ended Iviarcix ~ L 20Q9 Pi2iMA~i2Y GQ ~rERNMI;NT Recanciiiation of operating htcame to net CASRI praVided ~1)' altet'tttiltg aCtlVl.ile5: Qperatin; incvnne $ (1,079,5(12} Acliustmen#s to reconcile operating income to nei cash provided by operating avtivities; IJepreciation expense 51,424 Donation of capital assets {47,250) (lnerease) c1eLt~ase in assets: Accounts receivable -PHA projects (13,1.24) Accounts receivable - IiU'A outer projects 15$,07I Accotnts receivable -miscellaneous (9,041) Accotutts receivable - other gaverntnsttt (39,997) Yrepaitl e;cpenses and other assets (56;80} Increase (decrease) in liabilities: Accounts paS~able i&,024 Accounts payable -Hl1I) 298 Accrued liabilities 72,914 Net Cash Prazlded by Dpperating Activities $ (1,004,563} Non-cash transactions- Adjustment to other assets and other non-current liabilities to record fot~'eitut'e a£ security depasii< $ 1.25,685 See ttecozripa»ying notes to ftnanciat statements. 16 Y s~,~ Redevelc~pznent Proposal for SW ~`~ Avenue Duplexes 6t ~ P a. g e ~.,..... DELRAY BEAC$ HOUSP~IC A~T'1`t~C)RITY I3USI14L+"SS TY~'E AeT~'ITIES .: STATE~~IEi~;T pF DIET ASSETS March 31, 24U51 comrol,TErv~1~ TII~,'IT ~ELRAY BL'AC~-I I'121MA1tl' ~1GLTSING Gfl~'ERl~li'1~ENT GItOLIP, TiVC. ASSE'[`S (:arrant Assets: Cash, unrestricted ~ 582,582 ~ 12,542 Receivables, uet 99,695 2,317 Prepaid expenses and other current assets 124,80? 1,199 Total Cw•rent:t,ssets $07,079 16,058 Restricted Assets: Cash, restricted - 415,324 - Tenant security deposits - 1,50$ Restricted Assets 415,724 1,508 Non-current Assets: GAPTTAI, ASSETS Capital assets not being, depreciated - 25,893 :. Capitat assets being depreciated, net 350,980. 73,177 NetCapitaLAssets 354,980 99,07fl OTfiER ASSETS lnvestcnent in joint venture 2,903,472 - t?ther assets 193,55fl - Other Assets 3,093,U22 Tuial Ikon-Current Assess S;~t8,002 99,070 'Total Assets: ~ 4,50;805 ~ 11'5,636 See acavmpanying n©t~ to financial statements. 17 s Redevelopment T~roposal for SVV iz,~' Avenue Duplexes 63 ~ T' a ~ e ~~- D1LRA1' 13T.ACH HCUS~TG AITTHORT'1"'i' BCiS][NESS TYPE ACTP4'iTIES STA'1`EIV~.NT Qp` R'H',4'ENUL~, E~%PENSES A;,TD CI3.ANGES IN NET ASSETS 1~or the Year Ended li~larc#~ 3l, ZOU4 CC3N1Pt~l~[1?.IVT LT11iIT 1}EL}`.2AY BEACH - PRIIVIARI HQLTSING CTOVERNTIVLEiv~' GR(3Lt1', mTc:. QP1~RA`['ING REVL+'NCTL _ .< Nettenanlrevenue $ 45,640 $ 19,470 C~erating grants and snbsidiea - HL;D 9,927,711 - c~flier govet~ntnent grants 130,795 - Uther revenue 74,177 11,029 ~`ntal [#perating ITevenue 10,17%,323 30,499 OPEI2ATINC.~ T'kI'ENSES _ Administrative _ 84fi,270 46,457 T'ettant services 32 725 - Utilitles 7,026 1,453 I~~laintanaz~ee and operations 19,265 &,453 Pr^tective services 431 16 Creneral cxl~~mses 17,897 4,1131 Hotus'~ assistance pa}menu 10,232;875 - _ I]epreciation etpense 46,008 5,416 .. Tott-1 Operating Expenses 11,222,49% G5,826 Income from Operations (1,044,175) (35,327) NON-OPI~;I2ATING I2l~VEN17E Investment income - restricted 8,972 - lnvestmantincome - unresrliclecl I1,1I5 72 Gain.nn sale~of capital asset 4,094 ` Tatal~Non-QperatingRevenue 24,181 72 Net Lflss (1,019,994) (35,255). NET ASSETS, begiutiin& ofyear 5;338,616 {293) NET ~iSSETS, entlofyear $ 4,318;622 $ (35548) See accrnnparrying notes to i"utancial "statements. ~t9 ~px .~ ~, Redevelopment Proposal €or SW u~ .Avenue Duplexes 6~ ~ P a g e A1~1~RAI' BEACH HOUSING A~1'THt3Ri')•'Y s~TS~vESS ~~ra~: AC~[`[~~~a';<~s s~rA~1a/1v~Nm a~ cASI~I FLOV4~ S Far the Year Ended il3arch 31, 2009 Ct)MPONI's)~"i' IJI~' HELRAY BEACH ~R;~ Haus~~lc cYOV~x~ll~r ~lr~ouie, zlvc. Reconciliation of Net 4perfltiMag Intnme (I,nss) #o Ne# Cash Tra~~~ by tlperating Activities lr~cnmc [Lns~s) from aperatiatts ~ {1,044,175) $ (35,327} Adjirxtntents to RecmYClle Net. UperA1#iaag Income to Net Cash Frnm by Operating Activities: L~epreciatian expense 46,0(18 5,416 Dnnetedcapttai flSSet'~ (47,v5i)) - - _ [locTtflSf) t1CtrCABB ~lil ~SSetg: ~ ~ ~ .. - . AeGOUrlt.SieCElYRb1C-~~'~.pr0]CCYS~. ~ ~13,~2~~ ., .. - Aceounts reeeil=able =HLID ptherprajects 75$,0']]. - Accounts receivable -miscellaneous (9,b41} - Accounts receivable -other ~ocernment (37,69[?) !2,307) Prepaid exper~es and other current assets (55,863) (517} Increryse jdecrease} iR IinhiEities.. Accountspayahle 77,521 503 Acwunts payable - IIUI? 298 ~ - Accn~ed liabilities 1 ],555 1,349 Net Cash From by bpern#ing Activities $ (923,68©) $ [30,883) 1~1a11-CRS11 tT'Jtt15i1Ctio~rE: Adjustment to other assets and nther non-current liabilities to raoorcll`arfeiture ol'sactxit}~ deposits $ 125,G85 $ - Sea accanlpanyitsg notes to ~rnancial statements. 2i 4~~yp.Y~9F~~ S .f 17nrla.rnlnnmcnt Dr.~,nr.~~l ~ w C"EAI y~Ch llI;LRA~' I3ir,ACH HOUSING AUTHaItITY 1VOTE~ 1'O FWANCiAL STATEiV1F.lV7'S l~~IarLh 3l, 2009 NOTI; -- h'[ hARI' OIi SIG1V'~`ICANT ACCOL~I'I'ING 1'OLiG`Il~S- (Contlaueclj I3asis of l'reseuiatlou and Acctimrthtg :: i'ronrietfit~ Fund; In accordance Huth uniform financial reporting standards for 13UI] pmgr`atns, rite financial statements of the Authority and its blended caxnpaiient unit are prepared in accordance with accxiunfing principles generally accepted in the United State of America. Based on compelling reasons offered by HUD, the AutharitY and its blended component unit report their operatiaits wider #1se govetYU'nental proprietas5' fund type {enterprise fund); which uses the accrual basis of hcc4ttntittg. 'l'he erlterptise fund emphasizes the flow of economic resources measuremenE focus. Basis of accounting xefexs. to when Rvenues, and expenfics ate recogni zed in the accounts and reprnted in the financial sL~ternents. Basis of accounting relates to the tirt-itrg of the measurements made, regardless of the rr-easuremerEt focus applied. Revenues are r~irded when they are earned and expenses are recorded at the time liabilities are incurred. . I"ursuant to the election option mach available through Cmvernmental Accounting Standards Board Statetnetrt No. ?t1, management has elected to apply all statements and intetpretatiatts issued by the ~inaacia! Acc;ountirtg Standards Board on or before November 3Ei, 19$9 to its proprietary fund agexaEions except those that conflict with or Lonhadict Statements issued by the E~aeemmental Accaunring S#and:•rrcis Board. The enterprise fond is used to accputtt for tlrase opera#ions that atu fittattced and operated in; a manner similar - to priuate business or whew the Board of Commissionexs lras decided that rite. cletennination of revemres earned, costs incun~d, and ar net income necessary for management acoauntability. is appropriate. Ttte intent -_ of tits govenvng lzody is that the costs (expenses including dapreciation) cif providing services to the public an a continuing basis be financed or recovered grirnauiiy through user cktar'ges. ProgramlActlvlty Aceouuting .. The accounting records are established in a tnartcrer which enables fhe Auiharity to ensure observance of limitations and rustric~ions placed an the use of resources available to it. Tire accounting records are also maintained in a manner that provides the Authority with the ability to rnotritnr the financial results associated . with certain other activities or otherwise provide for management accountability. Delray Beach Pious!"ng Author~itl! Separate. identifiable nceouttts~ ,ate maintained wi#iiitt the acoountitrg tt:cards frn• eacb progratttlTCtiviiy aperais:d by rile Authority. However, all of rile prngramslactivities of fife Authurily~ aro part cif a single enterprise fund for financial repcirtiug ptu'poses. . Tire programslaetivities included tin fire accompu~yittg financial statements include-all prrolramslac#ivities: of the Authority that relate #o providing hotisirtg asalstance to lavver income farrriliea and,al! other pregrarrts, _- functions and activities over which rite Baarcl ltas ov®isightreapousibilitjr.ritrdl'inattciai aecaitritability. These programslac#iviliesxre as follows: PultliaHousln~Praeram ((.'`F'D.t114.850?: . This program accounts for rite ltausing complex owired by fire Authority that ia_ subsidized by the Unt-fed States i?epartmerrt o£ Housing and [lrlian Uevelopmetrt under' an Annual Con#ri'bdtiolui Contract. 23 - ynY s~M ,~~ Redevelopment Proposal for S'UII ~~' Avenge Duplexes 6g ~ P a g e -~ DELItrA~' BEACff HOCTSIrTIG 4L?THURITY N©TE~'PU 1<'7NANCIAL ST~ITE~RENTS iVlarch 31, 2409 NOTE A - SUMMaI21 OIL' SIGNIF`ZCANT acco~m'~'ING 1'OLICIE~- {Carttipued) Budgets Budgets are prepared nn an anctual basis for each progt'att~lactivity and arm used as a management teal throughout the aceounting cycle. The budgets far the (apt tat Fund Ptagram and ceatain other multi year grant programs are adapted on a "project length" basis. Budgets are nof, however, legally adopted nor legally regtar~d far futancial statement presentation. Incatne Taxes 7~te Authority is a petblic hndy corl7ornta and politic exempt from federal and state income taxes. Cash and Cash laquivalents The Authority considers all highly liquid short-term imes#tnent ittstrtttuents with an original maturity of three rn~nths ox less, to be cash equivalents. A# March 31, 20119, the Authority did not have any cash equivalents. Restricted gets t:ertaiu assets arm classif~d as restricted assets in the accnmpat~}+ing statement of net assets.wlten constraints are placed on their use Fry external parties ar• law. The assets that .are classified as restricted include the following: Itestlic#ed Cash .. Restricted cash consists of bank accounts that ttava been established in order to ensure the availability of funds to pay family self sui~ciency program participants, fa repay tenantsecutity deposits and to pay housing assistance payments to landlords. _. Inter-program Transactions-Due TalFrom Other p'ragramsdActivities Amounts recei~~able fruity nr payable to outer prograrnslactivities are. reflected in the acctjttnts of the pragramelactivity until liquidated by payments or other. authorized utter ~nogzam transactions. 'I~tese inter-ptngt`attt r~ceivahles and payabFes and inter-program transfers Rave been eliminated in preparing the basic f nancial statements. Capital A~ets All pur~lfiagetl capital assets are valued at cost when lristarical records are available. When no histnaical records era available, oapital assets are valued at estimated 7tistorieal cast. Starling with fire fiscalyear March 31, 2006 bettetxnents and additions itt excess of $2,OOt) are capitalized .and prior to Mardi 31, 2006 betterments lit excess of ~S€t0 i*retE capitalised. ~Mtnoz~ Iiettertrtents to itta~tcluies or site involving a fatal expendittu'c of lean than $S,OOt) is n©t considered property betexme.rtts. 12outine'repair attd maintenance is e:~pertsed as inettrred. Donated assets are recorded affair tnarkeiv..alue:as pftlie data of donation. I?epreciatinn is .calctilateil using the straight line method aver Yhc useful li~'e of [he related asset. As of the fiscal year March 31, ZflOb the useful lives ate 3 years fat' enmptitei's and EDP egtuptrterit, 5 years frn• autos and maintenance egtripmertt, 7 years -for office fuiniiure, 10 years for Land and Ieaseltold improvements, 27.5 years far residential real estate, anti 39 yearn for cprtitxiercial real estate. Prior to Nlarch 31, 2006 the usefut lives range from 15 to -t0 yearfi for buildings and improvements and from 3 to 7 years for equipment. When assets are disposed of, rite related cast and accurrtula#ed depreciation are relieved and any gain or loss is included in net income .or loss. 25 r g~~ Redevelapnnertt Proposal for SW larh Avenue i7uplexes '7~- ~ ~ ~ g ~ llIa1LR.AY BEACI~ H(3USING AL_S I'i~©ItITl' N4'~'ES TG I+'INA~TC'IA L, STATEII•ik:l'~~'S Match 31., 20x4 NflT~ A - SUNIM.~III' OI` SIGNIF1CAf'~T ACCt:J~LiF~tTI~iG 1'O ,IC:IES-(Confirmed) Iutet•-pt'ogratn '1'rxnsaciions- Transfers Accounting pt~inciples generally accepted In ttte LTzti#ed States of .9tnerica defines non-t~ciptbcal inter fiutcl activity as ilte allow of assets (such as cash or gaods) withaut equivalent flow of assets itr return and without a regttiremettt fat repatr+nent." These types of ttsntsactlotis are regttued to Ue reported as #raptsfets and tepnltecl as other ftnancing sources and uses. The Autltrn•itY makes two mart types of ttan-reciprocal inter-fund ttansaoiions. The first typ=~ involves the transfer of cash Pram one fund err pragrarn to another to a,~sist in paying far the cost of operations 4v~thaut a requirement far tepaytnent. The secoxtcl involves the transfer of ether assets (lrtirnarily net capital assets) from grant pxap~,rams that have been fully expended and clasecl ant to the be~teftting fund or progtatn. These irtter- fund txattsfers have beeq~eluninated in preparing the entity th,~ide f nancial statements. Use o1'~stimates The preparation of ftrtancial statements in conformity with accounting principles generally ac~ep#ed in the United States of AmetYCa t~equires mattagement to make es#lmates and assumptions that affect the reported amounts of assets ated liabilities artd disclosure of cantingent assets and liabiii#ies at the date of the financial statements and the reprnTed amounts of revenues and expenses durittg il-e repotting perioct Actual results could differ from those estimates. Risk A~Iattagement 'Tlte Authotlt}• is exposed to various risks of loss related to; tarts; theft a#; damage to and destruction of assets; errrns and omissions; and other general liability issues, -17te authority obtained catnmereial insurance coverage far alI programs/activities- Settled claims resulting from These risks have net exceeded commercial insurance coverage in any of the past three }ears. NOTI~ 13- CASI-I AND INVE~'fEN'I`S Cmstodlal Credit Risk Custodial credit risk is deftned as the risk that, In the event of failure of the eourtterparty, the Autltatity will not lre able to recover the value ofits securities that~ate in the possession of an outside. pat¢!i. Deposits All cash ~deposi~s are carried at cost and are in ~xrancial in~tltmtians whose deposits are insured try the Federal Deposit Iitsitsaiice Corptrratio~t (~~1:Ult;") aitd collateralized. Florrida Statittes Chapter 28i) se#fi for~lt the qualifications and requirements ihat. a finaneirll institution must meet. in order to become a qualified public, depositary. The Statute a1sU defines tjte amount and type af.cgllater.•d that must be pledged in order to remain.qualiiaed. Florida Statmte ~1t3.~5 requites deposits of govetmnteittal entities tse #rtade only v~itli ~Qnalifed Public Depositories (QPD's). Public fund an deposit in QPD's are protected against.loss due to. insolvency by: ._ (1) federal deposit insurance; (2) the pledge of securities as ~eoll<at~tal; and (3) a contingpttt li~lrility agtt<ement that allows the C'lriefFinaneial:0€1•tceY of tl~e-State of Florida to assess QPD's if the SeGUrities pledged try axt insolvent QPD are ittsulftciettt. The agrcement~for collatetalizatian oI'public fuztds .is uvith the Slate of Florida acid not ~+ith the ,rtutl~ority. 5`itnilar tp F1aTi/, tie State of Florida'is gitatanteeitig the _, deposit. 27 ~Y~ ~~ ~ ltedeveldpment Pr©posal :Far SW t.zrh Avenue Duplexes 73 ~ P a g e DELRA.Y BEACH HOiISTNG A~L#"1'HdRI'I'Y 1~TdTES Td TINAI~TC);A.l.. ~TA"l:'El#~iENTS Man;lt 3I, 24U9 NOTE E -OTHER ASSETS ' The Attthat•ity received a grant fiatn Florida Housing Finance Corporation to pay tEnau# security deposits for cluali~ed low incorue families that were affected by hurricane LViltna. The Authority ltas entered into agreements with the landlords whereby the security deposit is !a be repaid to Elte Authority if the tenant moves out. Tlus is a pass-tlu'u receivable for those security deposits which is to be repaid to Florida ' Housing Finance Cnrlroratiort. The liability is included in the caption other nazt-current liabilities {see Note F below). The to#al at l+farch 31, 2Q~9 was $193,55x. "~ The Autharit;)~ participates lit a joint venture with Auburn Develapment,l.LC. The joint venture was fasmad _. as a Florda F •imited Liability Cotttparry named Village Syua~•e Developers, LLC and each partner has a 50% interest. 'Ilte funds expended try the Authority constitute a cantributian of capital to Village Square Developers, LLC. The total corttribuxed as of tvlarclt 31, 2009 seas ~1,59~1,OQ3. Included in this amount is land that was conttabuted at a value of 51,073,399. lV4TE E -CHANGES°II~r NON-GUI2i2E1VT_ L1A~1LIT1IvS 'Ilse changes in non-cArrettt liabiities fat' fife year ended A4arch 31, 2009 were as follows: l3ulnnce. Balance Due .. Be$irsnitrg End 'Witlti~e ofYear Additions Deletions 4F3iear One Year Note payable $$ 95,Ot)0 ^~ - $ - ~ 95,{100 $ - L3tlternon-current liabT7ities 39~349~ 151,24 2~2, Ifl5 _-: _~ $ .~$8,3~F9 _ , $ - $ 15t,244 ~ 337,105_ ~~ Included in the other non-curittit"liabilities reflected above is the liability in the atnouiit of $193,550 related to the other assets described in .Note ~. above. The security deposits are reported as long-terrrr. because the Authority expects that the tenants will remain in the subsidized unit for more than a year. 'The balance of the other zton-current liabilities relates to the reatxicted assets #hat. are being held to ensure the as+ailalriiity of funds to pap family self=s~ciency program participants. The balance ofthis liability teas $x8,555 atlvlarch 31, 2009. NUTS Cx _ 1~1C)Tl~' I'AYA.I3LE - The $ 95,{100 note~payabie was issued lt3 Community Redevelopment Agency df lAelray.Beach an April 23, - - 2004 in order for the lleira3~ Housing t:~•ciup to aogttire property that is to he used fur afIardable hatising. The - note daea not treat interest-and principal is not" clue trnlil "twettly years from the daft of the note. (A,ptil 23, 2t324}. If Delray HoUSing frraap, Inc. ovnttnues to operate the properly as affordable housing for tftmt pe~ad of time, the note will be fargtven. 29 yi"v a e ,~ _.~ Redevelopment Proposal for SW xi t, Avenue l7uplexes 75 ~ P a g e l)ELRA1' I3)JAC:H ROUSI;~IG A[?TI~~RITY NCITFS TO FINA~YC.LAL STATIa/MEN'1'S March 3 J , ZOR9 NUTS K - SCT$SEOUENT ~~'ENTS SuUsequent to ~4arch 3l, 2009 the Authority dissolved a joint ve~~ture wills Auburn Develapmen~ I.,L~C. `The joint venture was et'eated to construct the ~illaga Scluaee Develap~s, I<L.C public housing complex. All of thu casts including land that was transferred to the joint venture during the year ended klatch 31, 2(109 vvi_EI remain in other assets a9 eost~ i~lated to tl-e conattvction of a nets public housing complex, 3l gpY Redevelopment Proposal for SW ~ Avenue Duplexes 77 ~ F a g e ~.,.. - a1elrtar si~cxxoi,srrlc:auzk~oxn~u Silisl'i.EMi1NTA1. FWAI`iCIALDATA SC~llUI E _ ~ SC~DLfLE l}F IVE'f ASSETS As ofMarch 31, 2469 1.13415 FFIiAA PAOd8C1' Y1tOG1JA3t ]dA. ACCOUA"F D1:Sf.'R1g77ON '1'OT_Ai.S TOTALS SU1tTOTAL t:1.1M1NAt'1(T14S Y'0y'Al, CturrnlAsxets L'asls ]ll iJt>restristed S 521,L11 S 74pi3 S 597,124 S - S 493,17.4 "' 173 (11hcr KShisled - 915,774 415,724 - 415,T7A 114 Tenenl security deposiu - 1~iD8 1,708 ,..... - 1,598 166 ~ Tnt 7 Cut6 S21,L11 49.i,Y-0`. 1,612356 7,!112,356 A¢casss6s and Not¢slkceivahk 123 Accounts msivablc •P&A.projeeh - 16,SZ9 16523 16.333 122 A¢eow4s rateivsblr-13UD other projects 32,900 - 32,SOG - ]5,900 ' 124 Aosmurls rseeirable-0lhergm~rnwrnt - 40.007 ?3tl,Sltl7 - 44,067 125 AwesuHS toecivable • snlsee0nneeas 1 a7S 11,9111 33,982 11,98I l2D ToralReaiva5lss-Net 33,573 68,137 11724112 - 1tl2,012 Other Current Aueh 142 ptapnid ezpepsss assd otbes assets 2773 123,21b 116,W1 1„6,643 l4d ]rater-ptnprwn-+ldcfrwuotherlmsds X360 325,472- `8.171 _._(338.172) - Tctil OHsu C~vrcnE Asarts 3i~77 ~ 748,896 284,173 (358,172) 115,061 .. ':. 139 9'QYsl Canrrhi Assets 589y6I 808,5515 198,341 - _._-(738,i72~ 1,246,35'9 NwurnsrerrE,~ssels Copilsl Alscfs 151 3.md 95,892 25,892 - 21,695 161 Btdisacs - 117,973 137,471 117; 171 164 Narvitrsre lk e4nipnrca.t - adraimstmtian 96.979 112,278 278,732 - 318,753 ' 165 I.eueho3d itupravemeals 228,471 2?8,011 - 3.x,8.6=1 166 Ace~ulated depreera4im f73,S79} (154.~08j, f34RA8?). C146•~73 159 Capital Asscts-Nd '_0393 479AS3 45DpS6 •136,636 _ D6scAasets _ 77A Oihvassets t93,»~ 14:1,336 141,336 _ 176 lweskrscaf injaintvrntures 2963.47! 2993,47. Z$67; 172 -- ~ Tolnl OdHC Asxls 3A97,622 37399,632 3A97,@; 188 'Total Nan-nrrraN Assds 20,595 3,526;477 3,5•f7,6T1 3,347,ll72 190 'A'dsd Assets f~63S6S6 5,333,077 ,9ct5,617>617 5~ t~156172). S S 4787.+!4] ~ ~ 9 AND (berntt Ll.b'iitH~ - 317 B~dcavcs~lydEl - s s 28,?IS S 25913 S - s 21y9t3 312 Accarralspeyablc`9Ddays 19,306 25;4711 #5970 9'3,976 .. 311 Aee:<eed wageslpaycoll - 27.619 51,513 - ~ 31.513 322 Accrued ceaslrsnsaled absanaes•eusneut pos0a:<~. 6'7,138 87,1!8 - 87;158 773 Acaounlsjrayabl2-7'AA FmJectx - a98 298 ~~'^~ 341-~1'sumtrcciali}•dcpoaits 1i0~8 1306 - 1,568 343 Dt1lereuoreesktll<b1131its 1,806 180p - 1;®00 _,-_ 147 'lntci-progt'en-dlutodl6p'Awd4 98,H4D 391372 f.58;17s ~ ~ =(15B~Y2} 310 ~ il'MSl Carzmf IditlliQes lib 40 207,094 323,434 - -_ (i34,1h) 167,157. Net•rutvysk [,lrbpllie. ::" _, - 331 Ltwig-ierwdabtlstotaJ`cverxpt-cayilakprojuts - 95,091) 93,966 - 45,666 ' .- - 931 Nwt•ocarcnt 11a611Uim • aihsr - .242163 ~ ~ 242,103 6 3 -3AZeLU3 _ - -- --33' 163 :,: , 339 ~ssai $oFe-cvrmt Llo6llfHes - 7, 0903 . ~3 ..~ 3 7,1 3 .. .. 308. TaleiLtslrillHes 11B~46 . - - -_ _ --_.344t199 552339 .. (138772) 364,:167 ' NilAssed 308.1 Imsst dip relate! usets-netoFrelaled debt 29,595 334,453 333p30 - 735,030 311.1 $utdctednet ousts - 367,16A 367,168 2tG7;16g 112,1 Usvsshidednst onsets 471 X21 ~-3 .8973^3.• 7¢b0;855 2560836, Sl3 TatalNelAssRd -09136 '3r790;$SB 4283074 #~ffl74 600 'I'ota! liablllHer and Nd Assds 3 519356. S _ _ _ _ _?s'133,1i52 .._ S 6$AS 413 .. .~ ~ 138,372)_ Y A 787,441 32 r 8~4 Redevelopmf~nt Proposal for SW ~~' Avenue Duplexes 7q ~ S' a g e ~'~m,.,.,,.,~ YILTL~ZAI' BEACH HOUSING AUTHORITY 5LIYPLEA'~NTAL I'IhAI~'C:]~,I:, DATA SCHr-ILE Pt71~31',IC HPU,SING PROGRAM CFDA 14.Sa`U and CAPITAI, FCJNA PROGR.AIl~ C£DA 14.872 As of1~~Ilarch 31, 24x9 1.~>v~. 7<7'El1I 1V0. ACC'.UT7N4' DESCRIPTIO!~T FRCt,~CT #1 A3SET3 Carrettt Assets cash 111 Linrestrioted 104 Accattrtts and Notes Receivable 122 Acenunts receivable - HIJD atlt€r praject8 12S Aocoutttsreceivable-i111sCellaneous .120 .Other Current Assets 1~t2 Prepaid expenses and otters assets 1 A4 lntelprograrn -due tiom 150 Nutt-curirent Ass~fs Capital ASSBtS 164 Furniture R equipment - admirtistratien 16C Acc~nlated deprcciatian 160 180 190 LIAB1L1T1FS AND Nh'1' ASSETS Gurtetrt Llabl11t1ex 312 7Lccrnmtspayable<9.0'days 347 utter prngrartt -due tc~ tither fitnds 310 aoo lwet Axxetx 508,1 lnveafedtn capital assets ~ rtet of [elated debt 511.1 ResMctednet ssse~ 512.1 Urxestrictednet assets 513 60D $ 521.111 Tatal Cash 521.111 33 500 1;475 `Cotal lteoeivabtes -Net 33,575 2,775 32 Si10_ 1'ofal l7ther C~rrrent Assets 35,275 Total Currettf Assns 569,961 9b,474 (75,879) Capital Assets-Nat 20,595 Total Non-currontA:aefx ~ 20,595 TotulAsxets $ &1Q,55d $ 13,500 46,640 Total CurreutLlabllities 118,344 TotalLialsi!•ttler 118,3A0_ ~a,ss5 471,621 TbtalNetAss¢ts 492,216 Total LialililttesasrdNe! Assets $ ;r..i~t 610,5Sb ~ry~r :34 Y 8F. RPC3evelonment• Prnnnsal fnr SW ~ Avenue ©unlexes 81 ~ P Ui;LRAY BEACII HQCISIIVG ALTHORITY SLJPPL EIL~IEL~"TAL p`IiVA[VCIAL DATa1 aC~3E+DL1LE SUPPLEh1:EfVTAL SCFIED~JLE O~''.~TET ASSETS PRSJGRAI~~S As of tllarcEt 31, 2(1fl9 CFDA No. r~DA Na. .C'l;7JA NO. E 4.2 S9 1q.S 71 97.2lf9. .. SECTION 6 HO1V1E 3LQUS2NC DISASTER LHy~ INVESTMENTS CHUICL 1SfAY3,S2NG IT~SJ( FARTI~fLritSHII"$ VOUCrrrn A9S18TANE3; NO. ACCDUN"i'DE5(:It?;P7T6I~I PROtyI2AA+I ~ PROGRAM _ G12ANT ASSETS Current A sstEs CSC 371 Uctresssic[ed S 6La71 $ S - 113 E>£h~-resnit4ed 415,724 - ] 1~ Tenant security deposts ` 104 Toth Cash 61,471 413,724 - Accounts andNates ltvravabl e 121 Arcouutsrcc~vabie-1zHAprojetfis 16,529 12k A[couots rectdvable - ather gavetnwant 40,007 125 Aaronnts receivable - other govaroment ~ 8,209 13$1 I20. Total RecEivables - l~at 48~'~16 I7,944 Outer Ciureul Assets laZ Pre~paid.expense~ end oth"eP assets d9B .!'2R,~45 !d4 lutet~}n'ogretn • dacfram othecfimds 75 1xS~S97 _ 3'atsiOih~C[arentAssets 569 243,842:" i54 TotalL.~il3'~iAsseis ' ---- 1'14,256 fi79,g34 Nun-e~u'rrnt Assets Capiint A~els 161 Lang ]63 U[Riditk~ 16a F~rnilure,&utnipment•nti~nikdslfa5ion 3,561 115,861 - 1G5 Lcasthalditnprovnnents - 3(15,276 - 166 Acetanuiatad~depttcislion __(1,$62)_ iIg1,14~) - 160 CapitaEAcsets-Net 2,29_9 280.836 ' - Olher Assets ' I7a Older assets 1.93„34 - - I76 IttVes{r[ient in j Olri! 4e7ktpl'eC - Totel'OShetAssett:~ 193,5 0 - 164 Total Nu~c~rentAsaet% i95849 284,836 19D TotalAssets . .5. _ __3IS6103-- S 964,266 t • ~. 7,f Ah7fSlTFS A1~D'NET ASSt;1'S Cntr~nt Limn-lifles 311 ilantrnvecdratt S - S 26,915 t: - 312 Acrngnislsayablo'<90..day6 224 7.5,427 321 Accrued wageJpayrpli taxes pnyahla 649 17,382 - 323 Acausxl eon~vectsated absonees - svtreuf '2,(194 Si~97 ~- -332 Acmlintspayelste-~t?HAPxnjecis ~-~ ~24ti ' 341 Tenae€t aeisualy deposits - - - 345 e~ wrrentiiabiisties t] t h - . 347• y ~ ~ _~ l1iLT.F'pIn8raI11 • dae t4 Ottier innda 9,tib5 - - 75 . 3io TotaC Curran iJiatUtttes 71~aa 123.ks0' No3e-eurrifstt"UieblGlits .. 3S1 Loug,-.term debt, netufcilnent-cspifal~r6jects • - - 353 N»n-cncrent:liebilities-ether ~ 1.93,554 46,555 350 1'utatNosl-pirrentLlaBtltties 193334 _4E{;553 - -• 344' Tat~ILjsti4itiear Ztt5;474 -- -- -1'725145 Net Aase~s 505.1 Tnveded iTt capital assets • bet'of related debt 2,299 2tt0,836 ~- SII.I lteattietadnt4.asset~ 357}168 - 5i2.I .FJnt~est[iG1od@ofassbte' 98;32 768,~11y- . S13 1'ofrdNd`Assets- 100631 ~ ..... '788'ZZ1 644 1'atnlL1eU11ttlesmtdNet"Aasets Y 3fl8,11iS' . S 9b0,266~ S 86 r s~~n -~. Redeuelanment Praflosal far SV1T az ~' Avenue Duplexes 8~~Pa~e DE7,RA1' $~ACFI [{gU$i(4GAUTFIORTI'Y SLTPPLBNtLF.NTAL FfT`aNCtAL b dT'A SCFIEI3i7LE SI7PPTxTr1NEiVTAi. SC~iEAi~IS O1F' REVIINitE,1~CPIINSESAitTD C„fIAT]GQS IN NL7 ASS @TS PitOG]ZA141:Y For the FsarEl1d41€ A~L~hc37 3I.20W Ct-A Nd. CFRA No, CFUA NO. 14-739 14.871 43.3@ SECFE4N 8 t1QENE 71dOSR4C B[S9Sl~R L[HE 1TNSSTMF:NTB Gl[s3iCE l1UUSENG Lil;Ai PART7'i£iffiH7lsS YQUC77LEE aS7:1STa1NCE 7F0- ACCRUNT DE.SC7{1P7iCx77 P1LUG1tA7A PRUGliAM CRANT [tEVENUE 7030L 14et1~mtTrstel stnsnlst S - S - 8 . 70400 Tmsnt teemue•nilxrx 79762 ,,,,. _ 7t1S.1D Total ienmt Reum=:r ~~ - 70400 HULA PHA apaaling 8[aats - ",A4P,860 - 70800 UL3ri gvicem¢xard grant: 82.787 -0S.P13v 9SI77D 7n4a8bnCnTmrnme-ImFtahlL[e[ 7.598 7,210 - 77439 F od Recav-:xy - 9,964 - 7750D (ldlurerenur 71 16,874 - 77fi08 GainnrlosslmaelEa(eapitalass~ 9TZ - 7ahOn v,,.eaaa®I,no,me-tt5tne,E. r ,,._..~_ ~T.?» 7n00x7 7a¢st Re~eemE .- .. TSd,d36 4,558,G1~_ 93,00'a 1:,YAENSEg ~ttaiing-AdsniluslydiQr 9unn Adminisir~ivesalaeies as,aal 42 t,6&r 7.65E 9 t2pC Auditing le,~ 3,Da0 a3.11z - 9L400 Advestirmg asd m@$.rSinl 2gII - .41500 EsnployrcbenEtiir admioishs#ia LS, 132 122,56a - 1t4~0 6E0ne espensel 14,712 IZ6.889 - 41700 Legal ~peosaa 2,085 12956 • 97898 TTaae1 2,73) 13,443 .. 9E0i10 Td--~ Operacng-xlflmintstrative ~8~ Y25,S48 ^:,653 TmaetSavi=ss 9Z30b Tenors servicea•alhd 22S 52.SOD- 92501e Tota Tmanl serviuts ]25 ~ ~zSafE Udlihw 93100 Weser E2 99 93'_80 Elr[axcitp 8:7 X414 33480 Stwre 76 128- __ 93000 Totd Ellslihas 685 fi,14t OrdYlBto MaiAtaA4flae dad r3p¢'Aliac 94200 t~abs1419 aRll ~Ellrt 1,2h5 3,dAfi _ 54300 C~1rac1 Vb3tt 7,766 ~ ]2.629 54980 iota] Mzirdeoance ~ 3,031 _ ... 142}5 w,,, N'aleeBYO §tiviebt "` 9524© 7•fatECYE9acENF46s•allitlCan7raCECaaC 68 !63 95000 Tatai 74atett+va SemiaaE dS }67 T lasurmttt Pltrtli8llld 96110 PsulrortyinsurmEa dn4 3.176 - 4617.R i~iabibep insasmee S84 3,067 - 86130 WarhfsanR.COwganssaim Z<451 12,848 - ,., 96140 nll other lawranad - 36:00 Tot31 insurnnca Pramlarnf 16;a F?,19__1_ - eEht: Petsaral ~+clFEl+si~ 96z00 Offiagen4raleapensm 4 '!g - ,. 56210 Campmsated absencai C7.46~ F4188 - :`.: '~" 96100 Bad debt-renard ren~~ _ -- -- 96000 ToSei EJEEeer Umeral F.xpmssr (1.4651 1~ 0~2II6 ~µ , 9d4D0 Tidal Opcsrtdag FS~p¢4yEf ii6,98aF 578.426 ~,~„^, 7,65&.. 97000 Eaueu (]]d7efE¢e~ of Oyeeixting Re9eta tirsr (Elnd~)Opm•AdirigExpm:g (3x.530). &74Bi24d ~,,,,_0,]SO .. qha F-xpmsrs P'13n0 1Eauvssg asvsEanix gaymrns= -115175 !0'407;4Si1" 44358 47404 E1P,pE'CCr>dFa¢OTpelSFF `1,023: 39;F]g': = . 9"oCdl Other papmsrs 86f9~ 1D; 146,470 ~ 40,750 . __ '~ ~90060 ~Tntitl6 pmsr, _ _203.187_ 171476896 _ _____.-_ A8,00$ QTil1:R £3NARCIC94 SUBRCES~(USHS) 1a61o i~aa:e~5ta - 1O100 Tald(9Eher ~narics¢g goums(Ugw; ~~ ~,,,,,, ln6oa £gesr:{17d1rlenry)arllaronat Ova (UndTr) Ei}tmaet ! l 7z (,,]?s.3241.. S 1030 TGTAL NE'E.ASBETS.Le~iug¢f~ear~ sagrxs-7otws~repmtEb 3d 9,358 2<L86,445' - 1 F040 Prids' pprladat(}nimTmttca¢¢ 6gEdTS7iah/Td' I~F030 TOTAIx NE'[ A8$ETS; Leg'mningoBYwrj nsmmteq 279,358 2186,445 7Oilil, liET A88ET8, end aFgse f `107x.631, $ 988,221 .~' 88 ra~F • _ ,Redevelopment Proposal far SV1~ nth Avenue Duplexes $5 ~ ~' a g e ~>J~.1tA~ ISEACH ~ouS~rrf; ALTIHORTT] SCHEDL7I,E O'F FE73ERAL AWA•ItDS i+or the Yeas• Ended Much ~l, 2Q09 I)EPAILTL[RF:NT OF Ht1IIRTNG Aim? IIRBAN nEVELOPI4~ENT D1ItF,C't• Fk:13ERA€. ASSLSTANCE . I,ow Iucwaf c Public 3iuuxingPr©graw - ~ HoneiogChaice~ovrlstrsPiwgt•tvct Ca~rltai Fitnd I'ruq~ Dcgtttuiftg Tuding CFVA Idutt~yHig {Receis•al>le) C:ash (Itereivabic} Naueber Nambes~ Paysible Recelrrd._-- Faprnfied_ _ Payablr_ __ 1k.85D ACCA-9227 5 S 241,182 S 241,182 S 14.871 AL"C A3SD6 S S 9,a199,86D S 9,i99,86D S 14,871 FI,14P0835D107 3 (82,453) S 121,30iS S 38,323 S - 1k.872 FL14P08350iR8 11i,64G iRS,3g6 ~32,50D) S {82,983) 3 237,1,12 $ I86~54 3 (32,SD0} nEPARTMENT OFHOI-1E[.ANfO SECURITY Fedn~al Emng~tcy 14iaaage~iteni ,~geney Passe~l~thxongh tAc Aep pftstf eni of Housing and IIr6an neveioptnelsi 131sa#crSoa~ugAxslxianreGt~it 97.1€!9 NIA S S dB408~ S 48,0©B $ - TOTAi, AIRF..CT PEI?EILAL A83ISTALIC~ S 62 983 EE 10~~_026,202 i 9,375 719 S 32,500 INDII2I:C;1' L'P:I]ERAL ASSISTANCE 17EPA12TNiENT ULr' HOi7S[NG AND lTRBANI?L4TT,OPIVIENT I~avscd tlrcou~hp•EoridaNauxingl:iuoncc Corporation LlomclnvcstmtntaPnrtnership Program 14.2.19 2005.104Z'gRA S SSZ,789 S SZ,787. S TOTAL l~U1vTtAI, AR67fiTAf3GE S (82983 S 1A,I08954 S 101l1S8,56fl 8' 2°500. ~nr e~i .~ Redevelopment I~ataasaI for SW zap' Avezlue Duplexes $'7 ~ P a g e U~LRAI' BEAC'Ii IIUt:SING ALT'I"IiORIT1T SCIdEDi]I..T OT GRANT STAT[J~ lncep~tionto March 31, 2009 Canital Fund Pro~~arn FL14P08350107 Funds apprae~ed $ 317,606 Fundsadvaneed 317,606 I~l~~i'41lcf Funds advanced $ 317,606 Funds ex~aended 317;506 DitTecenc~ ~ FL14PQ8:i5p108 Pund~s approved ~ Funds advanced 115,$45 Difierenee ~ {115,$ Funds advat~ceti ~ 11,$46 Fnt-ds expended 148,346 Difference ~ (32500} 42 ,~"r ~";~ Y _ Redevelopment Provosal for SVIT ~`~` Avenue Duplexes 89 ~ ~' ~ ~ e ~ ~~ ~~ ~ ' , ~ ~. ~, _~ C:e°t•titie~l ~'tl~lic ACC[)liIll:':int5 ~ll~tEl t=:oJi~t~ltat~ts I1~,;DEP.EI~~ENT AUDITOR'S REPORT ~3N .INTERNAL CON'T`ROL ©VER FINANCIAL REPORTiNC AN'D ON CON~~'LTANCE AND OTRER MA'T'TERS BASED ON AN AlC1DIT OI<" I~'~NANCIAL STA'T'E~'I'ENTS PERFORMI Eb IN ACCORDANCE WITH GQT~E~IV~V1~11~~"AUD~'~`.~NGSTAII~.I)ARDS Board ofCotnmissioners Delray Beach Housing Authority Delray Beach. Florida GVe ltava audited the financial statements of the business-type ackivities and each major fund of Betray Beach blousing Authority as of and for the year ended March 31, 2009, and have issued our report tllereou dated laecember i4, 2DD9. l~Je conducted our audit in accordance with auditing standards generally accepted in the United States of America and Elte standards applicable to f:nancit[1 audits contained in Gaverntnent ,4udrlirrg Slartdat•cfs, issued 6y Ute Comptroller t-ieneral of the United States, 1,nter•naI Control ove3• laitlstncial Re ortln i. Jn planning and performix>,g our audit, we considered Delray Beacit 1•lousing Au#]rarity's •tntemal COrttrol ..- over f nancial reporting as a basis for designing our auditing procedures for tl~e purpose of expressing oar opinion on Ehe financial statements, but not far the purpose of expressing an opinion on the effectiveness of the Delray Beach Housing Authority's internal control over financial reporting. Accordingly, we do not c~:press an opinion on tha effectiveness of the Delray Beach HoEtsing Authority`s inEerJial con12•ol over financial reporting. A CUntrol defiGiettcy exists when the design or operation of a control does not allow Jnanagernent ar eJnpiayees, in the normal course of performing their assigned flxnations, to preveltt or detect lltl5statelrietttS an a timely 1]aS1S. A SIgt7ificant defiGlettcy is a control deficiency, or coxnbix[ation of enntrol defiviencies, that adversely affects the entity's $b111t~J to initiate, authariza, record, process, or reporE financial data reliably in accordance \:it1t generally accepted accomiting principles such that.there -- is.more than a rt:mote likelihood that a misstatement nF the entity's financial statements that is more than =.= inconsequential Will no# be preve[ttsd or deEeGtecF by the entity's intema! control. A material \veakttess is a significant deficiency, ar combination oi'signif'JCantdcficiencies, that results in . mnra than a remtTte likelihood that a tnatettial misstatettient of the firranciaE eta#ernents will not be prevented ar detected by the entity's 1ntErnal Cptltr[31. Fla Yl r [-. ~1-\IA ti7Rl :r."r• P.{~, r3i}t 1117ir• I. ~I:GL tin, 3-t?zAlkS:\?,till?•lU7M1• iKfi:) [,x ~=h7fi~ J ;t S[![17~1 [ t"i T113t1",fi('t= '3Y'i- 4l?h • tif~:6rtl~[;" r-E.t 1[t3 €3:\ ~?hT4- ;7(f~ . !tits? } 3~,c. t 5~7 ! d7 ;[l'I_\LL= C' S-iY. 4iJll'I: ! Q4 • [~,{!,'[3t )1 ?2 ;u . \5'L\"TI: R J l<\ VE:~, 1~ [.{.1}C[ I T:~. t;N31_~?;~} . i yip ~ s '~f-hI I? k ~,.Y q~ .~. Redevelonmenr Pr~nnG~l fnr ~W,~.~' l~'T The NCT Grou ...', Q~9 Certified PtthlicArtcrttntat~ts incl €st~nsu[tan€s YNDEPENDEI'+IT AIJDXTOR'S REPORT ON COMPLIANCE WITI~ RE(~UIREMENTS A~'PIaICABLE TC3 EACI~ MAJOR PROC=RAM AND OIV TI~TTLRNA.L CONTROL OVER. COMPLIANCE IN ACCORDANCE WITII OMB CIRCULAR A-133 Board of C;aminissianers Delray 33each Housing Authority Delray Beach,l?lorida Cam~liance Vi'e have andifed the compliance of -elrav Beach l-lousing Authority with the types of oontpliance requirements described in the U. 5. Office of Management and I3udget (OMl3} Circular A 133, Cor~tplimrce Supple;rre~rt that are applicable 1o each of its major federal programs for the year called March 31, 2009. Delray Beach Housing Authority's trrajor federal programs are identified in the summary of auditnx's results section of the accompanying Scltadule of Findings and Questioned Costs. Compliance with the retlnirements of laws, regulations, contracts and grants applicable to each of its rnajnt' federal prngratns is the r•esponssbility of Delray Beach Housing Authority's rrranagement. Our responsibility is to express an opirrion on Delray Beach Hotasittg Authority's cornp[iance based on our audit. ' We conducted our audit of comptiar3ce in accordance witft auditing standards generally accepted in the United Slates of America; the standards applicable to financial audits contained in Gavernmrenl Auditing Staitdcrrd~', issued by the ComptrollE;r General of the united Ste#es; and OMB Circular' A-]33, A2adits of Slates, I.ocul Goa~er•rtnrerrls, r~rpd Norr-Profit OrganizatrarTS. Tltttse standards and OMfi Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An andtt inolttcles examining, on atest basis, evidence about Delray Beach Housing Authority's compliance with those requirements and per•forining such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasorrab]e basis far flpr opinion. Our audit dpes not provide ~ ieg~l determine#iort on Delray Beach Hottsittg Authority's compliance with those requireinettts. In our opinion, Delray $eaclt Housing Authority complied, irr ail n5aterisl respects, with the requrt'Estnents referred to above that are applicable to each of its major federal programs for ilte year ended March 31, 2009. 45 xIt t•. nt.il~ srrtt:E: t • r~ it r;r~t En-:rr •t-ar`t:t..aWo. t t.niettra Tani>~.t1i7G • ta;r,;lr,n~_~s~x, sic stisrrlc cn>~`tr:xri ~li~t•~i;i. • tir~littt~:(i.t~f.cik[u,i:ils~n.~~ir~ • txnal ans_ISrr I a7 \\'EiV lJG t' S.ti'. titll7ki 3 r:: • P! 1. H[lt ~' I+T , ~FI~"rEER E te~°4"li'.1..1=[.f Itti IA^ :s ltiR2.?,;H • (tiCia ~ 'u.E~; t t w,ywr ~. ~. Redevelopment Proposal for ~'h Avenue Duplexes g3 ~ P a g e DIa;LRAY BRACH HOIISL'VG AY3TIiORITY SI.TIVIM~R.4' SCHEDULE ©T PRIOR AIs7lIT FINDINGS ~~ nr tl~e ~ eat• Enclirig March 31, 2{lU9 PRIOR AL3DI'I' FINDINGS FINDINGS-FINANCIAL. STATEMENT Al)DIT There were nn Iindings in tl~e grioryear audit report tE3at were :required to be rel~orted ip acaardanoe wit13 fxaverrin~ent.~urlitiaag ~ta1~dc+rds_ FIND7NGS AND LTESTIONED C©STS FOR + +DI;RAI. AR'ARD~ • There wes•a no findings in the grior yzar audit rega~•t 11~at wez•e required to be repot•tetl in accordance with OMB Circular A-I33, ~ludrts of Mates, focal Governrr~etats attd 71ron~Pro~f. f3rganizatfons. 47 R~`Y ~, S' ~„ ~ Redevelaprnent Prapasai fnr SIN ~a Avenue Duplexes g5 ~ P a g e :~ D1;LRAI' BEACH HQGSING AEtT[IDRITY" SCHEllULE OP` T~'DIN(yS ANII QITFSTIQNED C."OS'1"S For t7~e Yaar.~;ttdec~ I~iarch 31, 2t)OS PART B ~-FINDIi~1GS-FINANC~~1.L STA.TI;i't4ENT AUD>"T FINDINGS RELATED TO INTERNAL COi~(TI,iUI= OVER I~INANCTAL REPORTLT~TG This sc~:tion identifies the reportable conditions, trtatexYal wcakncsses, a~~d instances of nancotnpliance - related to tlse general purpose financial statements That are required to be repol4etl iri accordance with Chapter 5.18 c~fGrn=ern»ient At~drting Standards. i ~~~ 'z'ttere wet'e no findings that are requir'cd.to be ~~epo~'ted ir{ accordance with Gov¢rn3ttetstA:rclttirrg Standards. PART C --1rL~tI)INGS AND t~LTLSTI01\TD COSTS ~'QR + ~ DRRAL AS~'A.RDS FINDINGS AIVI? t?UES`I'XONI;D COSTS-1b1AJORFIDER~L AWARD PROGRAMS AUDIT This section identit5es reportable conditions, material weal;isesser, and instances of notteotnpliarfce, including questioned costs, aelaterl to fire audit of major federal programs as requiaed to be reported by Circular A-1.33 &ection _51t1. Theae were no findings that are acquired to be reprn~ted in ascot-dance wtitl~ dI4IB Circular A-133, Atcc~its of States, Local Grn=ea-rrr~rer~ts and 1~ran-Prc~~1 Qrganiza(ions. 49 4 Y BFY~ ,~ ~. Redeveloptneatt Proposal foi` SW uth Avenue Duplexes [)7 I P a ~ e 'Te Delray ~~a~i H©i~sin~: Aufharity ~~~ ~. D~1ra~ Hc~u~iz~~ Group; I~i~. have rzo~: lae~n i~voIved :iii atx~~ past a7ic~lor ~~nciiiig Itig~tion i~r dzspuies'reiaiing t~ wnr dose'bed in this ~p'P ~vitl~i~, Elie last f~~ ~~} yea~~: ~Rr ~; E s ~; ~ ~edeaelopz~.ent ProtiosaI far"~~+V ~z`~` Aveiue'.Duvtexes nn I ~? :, P: ~. T3elray Beach Housing Authority Page T~vo The il~anagemerrt's Discussion and Aa~alysis ort pages 3 tlrrouglr I 1 is nat a required part of the basic financial statements but is supplementary inforrrratTOU required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarditag the methods of measurement and presattta#iau of th,: :. required stipple:nentzry inforrnatian. I•Io~ve~~er, vie did riot audit tlta information and er:press no opinion ~= an it. Qur audit vas conducted for the purpose pf fara3ing opinions on tfte financial statements that collectively comprise Delray Beaclt t-lousing Au#ltarit~~'s basic finattoial statements. The accompanying suppletrtetttal ~rancial data schedule is presented for purposes of additional analysis as required by the United States Department of Housing and Urban Development acrd is not a required part of the basin ~rtancial statements of Delray Leach Housing Authority. The supplemental schedules of net assets and revenue, expenses and changes in net assets -Public ftousing Program CFDA 14.850 and Capital Ftutd Program CFDA ] 4,872, and Programs arc also presented for purposes of additional analysis and are not a required part of the basic financial statements of Delray Beach Hnusirtg Arttltvrity. The accompanyying sohedttle of federal awards is presented far purposes of additiotra] analysis as required by U.S. Office of Management and Budget Circular A-133, Audits of S#r~lcs, Local Gnvernnaents, cu3d lt'arr-Pro~1 Organizcrlrar~s and. is ttot a required part of the basic Financial statements of Delray Beaclt Housing Autltot•ity. The schedule of grain status is also presented for purposes of additional analysis and is not a required part of the basic financial statetncnts of Delray k3each Housing Authority. Surh information has been subjected fp the audit7ng pracedrrres applied in the audit of the basic fitrarrcial statements, and, in our opinion, is fairly stated itt all material respects in relation to the basic financial stateanenfs taken as a whale. December 14, 2009 2 ypnY k ~, Redevelopnnent Proposal far SW mo`t' A~+enue Dun]'expc •~ ` ~ Redevelo~rr~ent Proposal for SV17 ~~h Avenue Duplexes Yo3 ~~ ~ U €~ a~,; Sl`AT~ C)~ _ ~°1~ts~~~la j ~C?t~iVTY t~.F Pa.I Beac~i ~ Before !no, the undersigned author€ty, persor~aliy ~l~f~e~red .;Tune. 8, 2~1{i why vdas duly suvarn, deposes, and stags: 1~. I am fhe a ~n of llel~a~ir beach. Heus~,tt~ ~ut".l~csr~_.~y_,.T.T... ~~~ - ., vulfi3 a i4c~l o~ce_ `i~ Said ettitity is sittirnitting thfs pro.,...~^ ar~r! prrncipel office iri posaf/offer fo RFE~ , titlor~; Not-%i3r~proflt Affordable f-lv€tsln~ Agency far the I~efghi~tsftracid ~tal~illzatiot Program :iiN~}'). f3: 7"tie Rf=lAN7 has mode dilig~rit lttqutty ~rtd' prvvitfed'tl~~ ir~farrnation ft~ #hfs staterri~nt a~fi€iavit i~asetl ~pesn i#s fult kr-oWEedge. C. 'The Af=f=1AN~° s#at~s that only one: subrniftal' fad ftti~ sn-icit~tion has i;ti.en subrnitf~d ar-~i let~dei~ed E?y tie .appropriate. date and 'tittle :and that Said above stated entity ha..s no financial fn#erest ]n c~itier entities subrrilttjng a ~rroposatfeir the wai`k.cerikerriplated heraby: D. ~IL~ther the AFF'IAi~T nor the above natrted ent~#y has d~rectfy or rndtrectiy entet-~ into any agreement,; partici~iaterl !t~ any collusion pr ~ollusic~n ect€vity, or atiier~vise-taken apy action ~sihich 3n arty v~tay re~triet ol- restrairt# the c€~rnpetitive nature. of this solfGiiatfo>7 inc3tidirtg but not lirriteif tc the'.prlor discussion cif tdrms, conditions, priding, or othet.c~ffer p~rarr~oters t~equtre~ kiy #hle solioitatign. i^; Neither the entity rtar its affl~atos, nor anyone assaclatetg 'v~ti#h them, is presently sttsp~en~ocl or nfhe7viiae prohibited from. par#"rcpation irr this solicitation or any cntttraoEing to fotlovv thei?eafter,by anjr government: F, .N~itlter tfte entity not` its affiliates;. rti~r anyone associafed ~nrilh #heta, have any potential cotiflict'~s~'intirest f~`ecause and flue. its any other .clients, cant€ects; or prapertY interests in ttris solicitatlctrt ter t.o rosttltirrg rc~jeef: ~~ l_heretay alsq certify that no mmbet of ff3e arttity's pvuner&tiip ur rnanageinent. or st~~f has a vested :iriteres#: i~t any Ci#y Qfice, ~etrartrrrerit; car CJftlce. H. f certifjr that no merrib~r of the.aritity's t3wnerstiip or management is ~presen#iy apply(ric~r acfiuely see.king; or liar t3eert selected for art elected po~ltit~n v~xltliin City of [3elray f3eact~ gaverrirrtsntF 1. Irt the evet~f lhat .a ~enfliet of interest is IdetiEl#Red in the provfsiort of services; °ij the- ~tnderslgned `vFtill irrtme~)ately r-otlty the City in writing: t7ated` .s..g~h ~ dry of ~u~~ ~t3~_.:..,~:. box~athyr ,,El:littg t~s:i AFFIAN`f 'Typed NaTtte of AfFIAE~T ~~~edeni;/r~ `~itii~ t<If3TATtY, ~, GOtJts1°fY t3~' } ~~~ . ~w'et'rt ono Sui~scribed beinre me this _,~.,__~ day of , , ~~' , Pe srsnall~ lmown eit~ ~t~odu:ced.iden#ificatlon: Type crf l etttlfitaativn; ~, ,, 4 Redevelopr~rient ~'xc~posal for ~W ~z#t'.Avenue Duplexes. .~~ ~ ic~~~~ J .T' a t; e ~h~ s~dw~~ ~~1~~~~a A~cn~~ri~d~ant is h~r~~-y made e~f receip# ~T ~dd~nda issued diirir~~ the ~r~li~tt~#i~n p~ttt~d. A~d~nc#um #,,,~ #hrau~h „ #ntdal.' [Jat~: p®rn ix~pt~tlr~g FCt~ DQCdr~~n I~~rx~~ ~rlnted ~ ~ {S~~it~ture}: ~. ~R R!a# Ap~~i~ble -~ ~~ RFF~ Qt~~afion$ ~~~Fit ~r~d nQ A~dd~tt~~ r~aetv~ci: p~~oti ~~mple#~ng RAP ~~~m~nt ~S~gn~tur~}: Name {~rlntad}; ~a#e: F i~: 'HIS 4°C°{'~~H~l~t~'~ ~NQ~fi.~ ~~ ~tt~t~~'[9 E~ tdU~B~'lC~NS ~~C SatJf3H~` t~~tRt3 "THIS R~t~ P~~t~ ~H~ F1111~ p~-Y'~ ~'~1~}R ~'C3'~H O~l°~ IDLJ~ ~~T~ [+~!'t"1G ~~ i~E1:Y ~~~~ ~m~~ Redevelo#ment ~oposal ~`ar SV1Txx~rhAvenue Duplexes: Addenda numbers to , inclusive, and any modifications, including Change Qrders, duly delivered after execution of this Agreement. 4. The term of this eentract shall commence on the data indicated on the Notice to Proceed. ~. This agreement shah be governed by the laws of the State of Florida as Now and hereafter In force. The venue fior actions arising. out of this agreemen# shall be Palm Beach County, Florida. Fi. Ali notices, requests, demands, and other given i# personally delivered or mailed, certified mail, return receipt requested, to the following addresses; As to City: ~ City of Delray Beach, FL 100 NW 1st Avenue - Delray Beach, FL 33444 As to CONTI=2ACTaE~: _De~~3.Y ~9~CT'k ~O(i3111~ A~afihnYi t'~,,,_„_,_„_,,,,,_,_ ~ 600 N. Ciingxess Avenue, Suite 3108 Del,raq Beach, FL 33445 7. The C©NTRAGTQR shall not, without prior written consent of the CITY, assign any portion cif its interest under this contract and, specifically, the CC3NTRACTt3R shall not assign any moneys clue ar to become due without the prior written consent of the GtTY. 8. The CITY and the CQNTRACTt3R each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to ail c©venants, agreements and obligations contained In the contract documents. 8. In consideration of ten dollars (~10.t}O) and other valuable consideration, the - CQNTRACTQR shall defend, indemnify and save harmless the CITY, its officers, agents ~~ No. 12-Z~~©NS Rental and Hvrnebuyer Dispositis~n Services ~~ The CITY will pay to the CQNTRACTf3R the specitio consideration of ten dollars and other good and valuable consideration as speck consideration far the indemnification provided herein. l<ur#hermore, the CQNTRACTC?R acknowiedges that the bid price includes said consideration for the indemnification provision. 1 Q. This Agreement shaii be considered null and void unless signed by both the CGNTRACT~R and the GITY. 11. The contract documents constitute the entire agreement betweer] the CITY and the CQNTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. RB'I' No, 12-~~0]UN5 Rental and Hr~mebuyer Disposi~ian Services ADDENDUM Alu.1 CITY OF bItl~lt:A'lf BEACH ItE1~iTAL Alm HQD~EBUYEIt bISP©SITION SERVICES (Neighborhood Sh-bllixatiou Program) RFP No.12-2010N5 Addendum Na.l ,dated 3unc 2, 2ft10 to Drawings, Specifoations and Contract Documents for the above referenced protect, is hereby declared part of the original DrawJngs, Specifiaatlona and Contract Documents, and in case of coniiic#, the fallowing Addendum shall gove-~. Bidders are advised that the infrn~ma#inn contained in this Addendum is abbreviated and general irs nature. 3t is the bidders responsibliity to include ail items necessary far the proper exec~ttian, caardlnatlan and campletian of ail work directly affected by this Addendum. • fluestion and Answers Question ; Section 3(B) of RFP # 12 201 OIVS (Evaluation process and selection criteria, page 12) says iha# a maximum of Stl points are allowed for each program; Bithar a Mental or liamebuyer strategy. It slates that a proposer can apply for one or ~ stra#egies. lvty questions are: A) Will the maxinevn~ paint total be out of lt)lT; B) Or will each strategy (Rental or Iinmebuyer) ire evaltza#ed separately and the maxinnuru paint fatal vvlll 6e out of 50 each. Question A farces the proposer to respond to both strategies to maximize the poirEts. Attt3wor:.9s per ~ecilap 3. E'valuat?on l~i+ncess antl,Seleclinn Criteria, ~srb~ectlort S. ,Ei{Igli+Fe Programs/Rallhg. The ptogoset can apply far one RFP strategy or both Cliental andlor t-IOmebuyer). A maximum of 59 pairRts arc allowed for each program. Aispositiat- far Itcntai Property I>ragram (Multi Family and/or Single Family) has a maximum SU points. Disposiiian fvr Homebuyer Program (Single Family) has a maximum 50 points. Thera is also an appar#urtity for bonus ar tie breaker points far each strategy. Bidders shall acknowledge receipt of this Addendum by: A. Write the words "Addendum No. 1" on the exterior of the envelope in which the bid is subrrtitted. PLEASE ACKNOWLEDGE RI~CIEPT t?F AU73E1VDLIM No. I B'Y SIG1YIh1G BEI.()VV AND )~A9iilVG BACK TO Sfi1-2A3-7166 A9 S©ON AS PtISSIBLE. ~~~' PL.AMiQLDER By-~trA ~l~ Date Arfdea~dam No t ttFPNa. t22DIDt~ES Jur~e2, 201Q .~ Redevelopment Proposal for S1N tzd' Avenue Duplexes >_a8 ~ P a g e ADDENDUM No.3 CITY OF llELiti:AY BEACH RENTAL AND HOMEB CJYEIt i31:SPOSITIQN SERVICES (Neighborhood Stabllizt+t#ott Pr©gram) RFP No.12.2010NS Addendum Na. 3, defed June 9, 2Qlfl to Drawings, Speci~eatlons and Contract Doeumcnts far the above referenced project, is hereby declared part of the a~riginai Drawings, 3pecificaiions and Coniraot I]acuments, and in case of cpntllci, the following Addendum shall govern. Bidders are advised that the information contained in this Addendum is abbreviated and general in nature. It is the bidders responsibility fa include all items neoassary for the proper execution, coordination and completion of all work directly affeoted by this Addendum. ^ CbRRECT)<ON PAGE 13. SEC'1'Tt'1N 4. A. No. 3 AFI~`ORDABLE R~iTS The Palm Coast R1VIR was used in error on page 13 ii should be far the West Palm Beach-Boca Raton area. Replace the Palm Coast FMR's with West Palm Beach-Baca F1VIIt's rates: _ Ei#'iiciency one-13edroom Two-Bedroom Three•Bedraom Paur-Bedrnom FMR 59]0 51066 51259 51780 $183+4 13ldders shall aaicnawledge receipt of #his Addendum by; A. Wriie the words "Addendum Na. 3" c-n the exterior of the envelapE in which the bid is sUbmiited. PLEASE ACKNUWLEDGE RECIEt'T OF ADl#RNDUM Na. 3 BY SIGNING B1;LOW ANO FAXING BACK TD 561-243-7166 AS SOON AS PE}SSIBLE, PLANFiQLDER . ~ By ~/.zdrt~ Bate i Addendum Nv.3 Rt~P Nv. 12 2014N$ June 9, 207U nY ee, ns Rede~velopnaent Proposal for SW ~.z~ Avenue Duplexes J~.o ~ ~' a g e ~.....~ ~~~ ~~F 5~~~.~~~~ t3idders are advised khat a bidder ar anyone representing the bidder cannot cammunicate with any City Garnmissioner, ar ariy Gity empiayee, other than the t;ity e-nplayees located in khe Purchasing Departrrrent, regarding its bld, i.e., a "Cone ctf Silence". The "Gone of Silence" is in effect from the dhteltir-,e #hat khe bid is placed on "~emandstar" by the Gify- The °Cohe t~f Silence" will terminate upan the bid apening. Hc~~ever._bidders may carr~mut~icate wikh Gity empkaye~s who are present at the rZandator~y.pre~-bid rnestinn Ii= f1NY Burin e actu~ai ~re-bid rneetin . C3nce the rebid meetin is over bidders ma oni carnrnunicate with erripE~~,es of the i'urchas~a ~ivision~., Goritracft~r'.s Nate Gra~up Mr y Redevelopment Proposal for SW Bch Avenue Duplexes ~~.,.., nzjl'~ge if id~:ntical lie bids exist, pre€erenCe will ire given to the vendors who submits a certification with their bidlpropasal certifying they have adrug-free workplace ir- accordance-with Sentian 287.887, i=lorida Ste#utes. 'The drug-free workplace preference is apptied as follows: 1D~NTICAL T,~E B1D5: !'reference shall be given to businesses witi-i drug-free ~nrorkplaco programs. Vvhenever two or more bids which -are equal with respect to price. quality, and service are received by the State of by any political subdivisifln for the procurement of commodities or~cantractual services, a bid received from a business that certifies That it has imptemented a drug free workplace: program shall be given preference in t>le award process. Established procedures far processing tie bids will be fAtlawed if none of fhe tied vendors have a drug free workplace program. As the person authorized to sign this statement, i certify that this fiirm complies fully with the fellowing requirements: t} "This fir-n publishes a statement notifying errrployees that theunlawful manufacture, die#ribution, dispensing, possession, or use of a contrt~iled substance is prohtbited in. the workplace and specifying the aetions.that:wili be taken against employees for vioiat<vns of such .pr-aiibitian. 2) 'This firrr~ irifarn:s cmployees..about the dangers of drug abuse in the workplace, tt~e business's policy of maintaining adrug-free workplace, any available drug counse[ing,~ re'habllitatior~, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations, 8) This frm gives Dash employee engaged in pr+aviding the cc-mmodities or contractual services that are underbid a copy ref the statement specified iii subsection (1). a) In the statement specified fn subsectiAn (~ ), this firm notif(es the enipiayees .that, as. a condition aF wflrking on the corrtrr~odifies or contractual services that are under-bid, the ernpiayee.will abide by 'the terms o€ the statement ar~d will abide by tl~e t~rci~s of tits statement and will nAtify~ fhe erriplflyer c~€ any conviction of, nr plea of.guilty ar Halo ~ctantendere to, atiy violation o€ chapter 898 or n€ any controlled substance law~of the Ur3itsd States or any:.state, fora violation occurring .fn the workplace na toter than Tive (5} rlayS.aftirr such oanviction. 5} This ~rln imp~ases a sanctiah on ar re#uir0s the s~#isfaotory participation ilt a drug abcl~ assistance car rehabiftatiort program i€ such is available in -the employee`s community, 'by-any employee who is so conuictedw ~~ This firth will contirEUe ia~ make :a., .goad faith ~effot:k to rrtairitaiii~ a drug-#ree ~Vi+orkplaoe tttrflugh irr~plemenfaktork of this seatiop. ~e3.ra.y .Aot~eimg Group ~ , I~ei~sy Iieaetx ~HcittB~tig. Aiitho~~.t~ _~. Contractor's Larne . . Slgr3ature . Y Ae-. ~!~ Redevelopment Proposal for SVJ rza` Avenue Duplexes ~~~} ~ P a g e .,.. Page 1 of 1 Y MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: June 30, 2010 SUBJECT: AGENDA ITEM S.Q. -REGULAR COMMISSION MEETING OF JULY 6, 2010 AMENDMENT TO THE SCHOOL READINESS CHILD CARE SERVE AGREEMENT/FAMILY CENTRAL, INC. ITEM BEFORE COMMISSION Approve an Amendment to the School Readiness Child Care Service Agreement between the City and Family Central, Inc. to remove Pine Grove Elementary School as a subsidized location. BACKGROUND The term of the original Schaol Readiness Child Care Agreement between the City and Family Central, Inc. is October 1, 2049 through June 30, 2010. This agreement is for subsidized funding through the Early Learning Coalition of Palm Beach County for the afterschool programs located at Community Center, Pompey Park Community Center, and Pine Grove Elementary School. This Amendment to this Agreement removes Pine Grove Elementary School from the three locations due to a new afterschool program offered by Pine Grove Elementaxy School. The texm of this amendment is June 5, 2010 through June 34, 2010. RECOMMENDATION Parks and Recreation Department recommends City Commission approval. http://miweb001lCouncilAgendalBluesheet.aspx?ItemID=3448&Meeting1D=263 7/2/2010 ~. ~~, CEsun~ln~ Ilve~ rnr a lifrtims: SCH(3©L READINESS CHILD CARE SERVICE AGREEMENT BETIlU'EEN FAMILY CENTRAL, INC. AND Cit1'rof:ll3elr'ay>~3ea~~rR 1 ~''°, The par#ies to #his Service Agresrnent are Family Central, Inc., ("Family Central"), and C'i~".~~1F~fle~~~`~rfeac~`, (the "Provider"). Family Central performs administrative duties in the enrollment of children into child care programs and with respect to financially-assisted school read€ness funding available through the Early Learning Coalition of Palm Beach County Inc. (the "Coalition") and subsidized child care funding available from other sources. The purpose of Phis Service Agreement €s to establish the method by which Provider w€II receive payment available through the schobf readiness program and other programs for children eligible for f[nancia€ly-assisted school readiness services or subsidized child Gare that are in the I~rovider's care. The Parties acknowledge that the Provider is not a subcontractor of Family Central, Family Central has no control aver the day to-day operations of the Provider, and that the existence of this Service Agreement does not re+~uire or guarantee enrollment of children in the Provider's child care program. The Parties agree as follows: I. Provider Res onsib"rlities. The Provider shall: A. Attend a new provider orientation within -tile first 6Q days `of this Service Agreement if the Provider has not previously been a pally to a Service Agreement far school readiness funding provided by the Coalition. B. Retain all client records, financial records, supporting documents, statistical retards, and any other documents (€ncluding electronic storage media} pertinent to this Service Agreement far five (5) years after termination of this Service Agreement, or €f an audit has been initiated and audit findings have not been resolved at the end of five (v) years, the recafdS 5hafl be retained Until resolution of the audit findings. C. Ensure that all records pertinent to this Service Agreement, inc€uding but not limited to sign-inlsign, out and attendance records, are available at all reasonable times far inspection, review, copying ar audit by Federal auditors, representatives of the Comptroller of the State of Florida or the Auditor General of Florida, ar other personnel duly authorized by Family Central, the Coalition, Department of Education, Office of 1Tarly Learning or the Agency for Workforce lnnavation. ©. Permit persons duly authorized by Family Central andlor the Coalition to access, inspect andlor copy any papers, documents, facilities, goods or services of the Provider which are relevant to this Service Agreement and to interview any clients or employees of the Provider to ensure the satisfactory performance of the terms and conditions of this Service Agreement. Failure to allow access to duly authorized persons may result in non_payment for that day and provider tem~tinat€an from the School Readiness Program. E. Not discriminate against participants in the school readiness program or employees because of age, race, creed, color, disability, national origin, ar gender. F. Nat bald itself out, nor should its employees hold themselves out, as employees, agents, servants, joint venturers, partners or representatives of Family Central or the Coalition. G. Coard€nate a !revel I developmental screening using the coalition approved screeningfassessment tools for "10~% of children ages birth to ~ years in school readiness child care for wham a parent andlor guardian has consented in writing to the developmental screeninglassessment. The _~_ 1=asnily Central, fnc~ a 3i 11 5. pixie Highway, #~22 • wesf Palm Beach, FL 33baB individuals authorized by Family Central. In the event that the Provider is unable to produce sign- inlsign-out sheets an-site in aGCardance with this paragraph, reimburserrient shall not be made far any days far which a completed sign-inlsign-out sheet is not imrr~ediately available on-site at the Provider's location. Sign-inlsign-~ou# sheets must be kept for a rninirnum of fve years or the retention period in Section LB. above, whichever is longer, and must be available for inspection by Family Central, the Coalition andlar ether subsidized child care funding sources. In the even# of a discrepancy between asign-inlsign-out sheet and an attendance sheet, the sign-inlsign-out sheet shall Control. The Provider will be Liable for prosecution under State law for fraudulently misrepresenting achild's attendance andior sign-inlsign-out roster. Q. Maintain hours of operation in accordance with and not exceeding the provider's child care license, R. The Provider must notify Family Central in writing a minimum of '14 calendar days in advance of any changes to its location. S. Se liable fnr and indemnify, defend and hold harmless Family Central and the Coalition and elf of Their respective officers, agents, and employees from a!l claims, suits, judgments or damages, including attorneys' fees and costs arising ovt of any act, actions, neglect or omissions by the Provider, its agents or employees during the performance or operation of this Service Agreement ~'~, ar any subsequent modifica#ion of this Service Agreement, whether direct ar indirect, and whether to any person or tangible or intangible property- The Provider's inability to evaluate its Lability shall not excuse the Provider's duty to defend and indemnify within seven {7} calendar days after notice by Family Central or the Coalition by certified mail- After the highest appeal is exhausted, only an adjudication or judgment specifically finding the Provider not liable shall excuse performance of this provision. The Provider shall pay ail costs and fees including attorneys' fees relating to these obligations and their enforcement by Family Central or the Coalition. Family Central's or the Coalition's failure to notify the Provider of a claim shad not relieve the irovider of these duties. The ~/~ Provider shall not be liable far the sole negligent acts of Family Central or the Coalition. phis pro~rision`- ;hall riot be construed as a waiver of any right o~ de~~ense za'hach Provider mar possess and .is ~.im~.t ~~viain Ea-~tia- i- y an - -or aGC~ en insurance as require y law; ~nC a ing u 'riot'lim~tetl- o, any insurance required by child Gare licensing regulations. Any insurance coverage beyond that visio~ '', required by law is optional, bat encouraged. if the Provider is a child care facility ar family Chitd o~ Sea '' care home and maintains liability andlor accident insurance covering its business: (a} Family 768.28 Central and the Coalition shall be named as additional insureds (with the excepfion of worker's ~, compensation insurance for all providers and automobile liability insurance for family day care Star. homes}, (b) the Provider shall furnish Family Central with written verification supporting the "--~-~- existence of such insurance coverage, and (c} the Provider shall notify Family Central in writing at least thirty (3©) days in advance of any anticipated material change in coverage or cancellation. The Provider must comply with the insurance requirements of this paragraph before reimbursement payments wilt be trade. This provision does rat 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(96), Florida Statutes. ', U. Submit to monitoring by Family Central to ensure compliance with this Service Agreement. Mori#orings tray occur randomly throughout the year and are unannounced. If deficiencies are noted, they shall be corrected by the Provider in accordance with a written corrective action plan that includes time lines for correcting deficiencies- Recurring lack of availability for monitoring shall constitute a violation of this Service Agreement, and is grounds for termination of the Service Agreement. V, Immediately report any known ar suspected child abuse or neglect to the Florida Department of Children and Families through the Child Abuse Registry ('1-800-96-ABUSE}. Vol. Report any unexeused absence or seven consecutive excused absences of an At Risk Child of any age to file Florida Department of Children and Families' {DCF} hotline at {5S9j 837-50D8 or felt free 9 (86fi) 326-5323 by noon on the day of fihe child's 'Fret unexcused absence or the day of the child`s seventh consecutive excused absence. If you cannot reach someone at the hotline, please Call the ©GF External Affairs Office at {569) 837-x080. -3- FamiEy Central, tnc.. 3111 s. pixie Hig~vray, #222 • West Palm Beach, FL 33405 B. Termination Without Notice, This Service Agreement may be terminated by l=amity 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; Z. Any child care license required in order far the Provider to provide ahlld care is revoked or not renewed by the licensing authority. The Provider is not subject to ficensure by a licensing authority and Family Centro{ is directed by the Gaalition to terminate this Service Agreement due to a concern for the health andlvr safety of the children} in the Provider's care. C. Automatic Termination. This Service Agreement shall immediately terminate upon the expiration or termination of Family Central's contract with the Coalition. ©. Termination for Non~Gomptiance. !f Family Contra! determines in its sofa discretion that a Provider is out of compliance with ono or more terms nr conditions of this Service Agreement, Family Central may terminate the Service Agreement pursuant tv the termination provisions set forth above. Family Centro! may also notify the Provider that, as a result, the Provider is not eligible to enter into a future Service Agreement with i=amity Central or otherwise be reimbursed for school readiness services with funding provided by the Coalition for a period of at least nna (~€ ) year following the date of termination. Alternatively, Family Central may offer the Provider the option to enter into a Compliance Plan. t'll. Method of Pavment, A. Negotiated Rates. Payment for subsidized child care services shall be based upon the School Readiness Negotiated Rate Sheets attached here to as Attachment "A" Attachment "'B", and Attachment "C" which are expressly made a part hereof and inoarparated by reference herein_ In no event will the Provider be reimbursed at a rate that exceeds the lower of the maximum reimbursement rate designated by the Coalition, or the Provider's maximum private pay rate. Increases in the reimbursement rate will be effective, as applicable, the fret of the month fallowing notification in writing by the provider to 1=amity Central, Inc. . B. Parent Pees. The authorized sliding scale parent fee shall be deducted from the negotiated rate before payment is made to the Provider. It shall be the respansibiiity of the Provider ko collect the parent fee, except that Family Central will assist in collecting up to two weeks of parent fees if two weeks yr less of parent fees are past due and need to be collected prior to a transfer of a child to a dlf€erent child care provider. C. Child Care IExecutive Partnership. If the Provider participates in the Child Care Executive Partnership Program, the Provider`s portion of matching funds may be deducted from the negotiated rate before payment is made to the Provider. D. Monthly Invoices. The Provider will be paid by Farrtily Central on the basis of monthly invoices that report the eligible enralirnent vn a dally basis. The invoices shalt be submitted on fihe Attendance Sheet and Documentation of Absences forms provided by Family Central For this purpose. The Provider shall submit monthly invoices consisting of the attendance and reimbursement request forms tp Family Central ~ot_I_a#er than the fourth (4~") calendar dame month following the month in which services were provided. Monthly attendance and reimburserrrent forms received after that day will be 'secluded in the following month's report thus delaying the Provider's reimbursement until the next reimbursement period. The Provider forfeits oil rights to payment far any monthly attendance report submitted mare than 45 days following the end of the service period. Requests for reimbursement adjustments must tee submitted in writing to Family Central within 45 days following receipt of payment for that service period yr within twenty {20) days after the expiration nr termination of the Service Agreement whichever is canner. Fraudulent conduct by the Provider in reporting information to Family Centro[ in connection with -5- Farnily Centrat, inC. + 3111 S. Dixie Highway, #222 . West Palm Bea¢h, FL 33AU5 Part time rates w€€! be paid for afterschaol children for Memorial Day and Labor Day. Additiona€ fibating holidays selected by the provider as described above may also be paid at the part time rate for afterschool children if the day before or after the additiona€ holiday is paid at a part time rate. The Provider will also close for the following days and time periods. The Provider will not be reimbursed for these days. NIA Providers must notify Family Gentrai in the event they are closed any days not listed in this Service Agreement B. Reimbursemen# for Absences Reimbursement may be made for a fatal of 3 absences during a calendar month for each child. Under extenuating circumstance and with proper documentatign up to an additional 7 {seven} absences within a month may be paid at the discretion of Family Central. Absences may not be claimed for a child during a month that the child is oat in attendance. Reimbursement wi€I no# be made for each day entered on the attendance log as "N" qr not reimbursable. if the day before or the day after a holiday is marked "N" {not reimbursable}, the Provider will not be reimbursed for the tigliday_ if the day before ar the day after a„series ,of„holidays andfor floating holidays is marked "N"s the prav~der wrl! not be reimbursed _ for any, of the holiciays andfar floating holidays. €f the Provider determines that a parent does not intend to return a child to the child cars program, #hen the child must be terminated horn 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 for five (5} consecutive days and the parent doss oat contact the provider, the Provider sha€€ notify Family Central and i='amity Central sha€1 determine whether continued care is needed. C. Summary of EnrollrlnentlAttendance Codes ~ - Excused Absence X - Enro3led 1 Present {a day a child is present) A - Authorized Absence beyond 3 days (excused absence beyond three {3} days, which has been approved by Family Gentra€} H - Reimbursable Holiday T - Terminated (day child is disenrolled} N - Enrolled, not reimbursable. D. No Reimbursement In Excess of Licensed Capacity No Reimbursement wil€ be made far children in excess of the Provider's licensed capacity and Family Gentrai reserves the right, at its sole discretion, to limit future enrollment when a Providers has been found to be aver its licensed capacity. Under no circumstances will Family Centra€ enroll _~_ Family central, Inn. • 3171 s. pixie H's~hway, #222 • West Palm Saach, FL 33405 E. Headings. The headings in this Service Agreement are insertEd far convenience or reference aniy and shall not affect the meaning or construction hereof. F. Entire Agreement. This Service Agreement represents the entire understanding between the Parties relative to the matters addressed herein. There are no restr€ctians, promises, warranties or undertakings other than these set forth or referred to herein. G. Amendment. This Service Agreement may net be amended without the execution of a wr€tfen document toy a{i Parties hereto. H. Governing Lava and Venue. Th€s Serv€ce Agreement shall be governed by and construed and enforced €n accordance w€th the laws of the State of Florida, without regard to principles of conflict of laws. Venue for purposes of any action brought to enforce or construe this Service Agreement shai€ he in Palm Beach County, Flar€da. {N W€TNESS THERE01=, fihe part€es have caused this ~2 page Service Agreement to €~e executed by ti~eir undersigned officials as duly authorized. The undersigned represents and warrants that helshe has full and com fete authori#y to execute the agreement an Behalf of . _ ., . ~~s~~~ PROVIDER: i~~ui~~e (Program's Corporate Name) dlbla FAMILY CENTRAL, [NC. i3Y SIGNING THIS AGRi=EMENT AND AGREEING TG ACCEPT FINANCIALLY ASSISTED SCHGOL READINESS I"UNDS AND SUBS€©IZED CHILD CARE FUNDING AVAILABLE FROfVi OTHER SOURCES, YOU ARE ACKNCWLEDGING THAT YDU 'UNDERSTAND THE TERMS GF TH{S AGRi=EI1liENT ANL3 AGREIw TC ABIDE BY THESE TERMS STATED-z iGNATURE SECTION Signature: tiQ~ Signature: Name: NELSON S. )~c?1 I Name: Barbara A. Weinstein, Ed.D. (please prinf) Title: M~,YpR Tide: PresidentfChi Executive Qfficer Date: SEPTEMBE$ ~3, 20U9 Date: ~ l ~ Q Federal I.D . or 5S #: ~.'~~~~Q~~~t1 Approved as to form and {egal suf €clency: i3y: w_,.___ 1. C€ty tfarne !~ !~ '?' • 1~ ..g_ Family Central, Inc. ^ 31 i'l S. pixie Highwtay, #222 • West Palm Beach, 1=L 33405 ATTACHi111ENT "B" SGHt~4L RIA©1NESS NEGQTIATED 1=iKED RATE SHEET l~ii"ti~~~>lraa~~ ail' Program`s Name Child care part time reimbursement sha#l be based upon th+~ fal{av}ring negotiated fixed rate per child. PareEtt fees shall be deducted from the nego#iated rate Before payment is :Wade to the Provider. PART TIME DAILY Less Than S Haurs Less Thant 6 Sibling Haurs Per Day Rate Rates Effective. Provider`s Signature: Date: Infants $ NIA $ NIA i1-12 months Toddler $ NIA $ NIA 13-23 months Twn year olds $ NIA $ NIA 24W35 months Preschool $ NIA $ NIA 38-47 months 1'resahool $ NlA $ NIA 48-59 months Preschool Gt1-72 months $ NIA $ NiA [not in_ School) Schoa[ Agelsummers $ 2,54 $ x,54 Holidays SEP`.I.T.~fB~R 23, 2009 Approved as to fnr~E and legal sE~it' ienay: By: City Attor y ~~~~~ -~~- Family Centsat, Inc.. 3411 S. Dixie H[ghway, #222 + WeSE!'alm Beach. FL 33405 ~' ~ ~r s~Gb~~~~~g; I~.~ves a~ a ~eturne A~ner~drrlent to the A reem~r~t laetween Family Cerffrai, lnc. {"~arnliy G`t'srltra~"~ Ancl Cl`tY X71" i~ELRAY BEACW ~'i~e "Provider} ~n this 5 day of ~[.fN~,,,2,~U_, i~ a~iditioi~ tv the terrrts and ca€~ditiorts set fc>;rt~ in the School Readiness Child Car~- ~ervfce Agreert~ent f~e~reer~, i~amily Central, irtc_ ar~d ~iTY QF i~ELIY BEAGI;i t effective ~ntii Jane 30 X01 i~, the feii€iwin~ Arnencir~teni: is hereby made in pad of the original Agreement. To the extent a confilict exists between the Ag~'eement and Otis Amendment, this Amendment s#7ail gnvem. in consideratiart of the ~rarnisas herein and other gapd and value consideratians, ramify Central and the provider agree to the #oilc~ws: - VIi. Name Mailin and Street address of Pa ee. The name and mailing address ai= the otficEat payee to ~nrftom Far»ify Central shall make Program Con'~c#: .` i ' Pragrarn Marne. Program Address: '^ Tele~hane Number; . The name t~f the can~ct person ar€d street address where financial and admirtistra~ive records are r~alntained: . Program Contact: Program Name: , Prograrra Address: TfYe service: 3i i ~ S_ Dixke Highway, Suite 22~ • West Palm Beach, ~L 3~~FE1~ :farts: 31t 81t~ ~- 1ldrer-'s G'oe~r~~7 ca~riFicr~ .~~. ~'"' - -- 4~ ~ 1y learp~tg,~oallt ~~`'i 't v«aK Oa~ ~~~,.~ fiaccr~c'3 obrat»~UrnrA GO„1n1Y ~.L'~ [xnod^~~ Tele~hane Number: Page 1 of 1 MEMQR.ANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: June 30, 2410 SUBJECT: AGENDA ITEM S.R. -REGULAR COMMISSION MEETING OF JULY 6, 20I0 AMENDMENT TO CONTINUE-TO-CARE SERVICE AGREEMENT/FAMILY CENTRAL INC. ITEM BEFORE COMMISSION Approve Amendment to the Continue-To-Care Afterschool (CTC-A) Service Agreement between the City and Family Central, Inc. to remove Pine Grove Elementary School as a subsidized location. BACKGROUND The term of the original Continue-To-Care Afterschool Agreement between the City and Family Central, Inc. is October 1, 2009 through June 30, 2010. This agreement is for subsidized funding through the CTC-A Scholarship programs for the afterschool program located at Community Center, Pompey Park Community Center and Pine Grove Elementary School. The Amendment to this Agreement removes Pine Grove Elementary School from the three locations due to a new afterschool program offered by Pine Grove Elementary School. The term of this amendment is June 5, 2010 through June 30, 2010. RECOMMENDATICON Parks and Recreation Department recommends City Commission approval. httpalmiweb001/CouncilAgendalSluesheet.asps?ItemID=3449&MeetingID=263 7/2/2010 y .r*: 1. ~~ ~~~ ~ rl CE~aat;i~t~ lives rOr a liferiinb CQ1~tTINIIE TO-CARE AFTERSCHE)QL. (CTC-A) SERVICE AGREEMENT BETWEEN FAMILY CENTRAI.,INC. AN Tile parties to this Service Agreement are Family Central, lnc_, {"Family Central"), and, ~ {the "Provider"). Family Central performs administrative duties in the enrollment of children into Continue-to-Care Afterschool {"CTC-A") programs with respect to funding avaiiable through the Eariy Learr~ir3g Cvaiitian of Paim Beach County, inc. {the "Coalttian"}. The purpose of this Service Agreement is to establish the method by which Provider viii receive payment 'available through the GTC-A program. The Parties acknowledge that the Provider is not a subcontractor of Famiiy Central, Famiiy Central has no control over the day-today operations of the Provider, and that the existence of this Service Agreement does not require or guarantee referraE or enrollment of children in Provider's afterschool program. Tf~e Parties agree as follows: Provider Ltesporrstbitities. The Provider shalt: A. Retain all client records, financial records, supporting documents, statistical reGardS, and any other documents {including electronic storage media) pertinent to this Service Agreement for five {5) years after #erminatian of this Service Agreement, or if an audit has been initiated and audit findings have not been resolved at the end of five {5) years, the records. shall be retained unfit resolution of the audit findings. Provider further agrees that aii records, papers, letters or other documents made or received in conjurrctivn with this Service Agreement and the provision of services hereunder shah be subject to public access pursuant to the provisions of Chapter 1 ~ 9, l=lorida Statutes. The provisions of this paragraph survive termination of the Service Agreement. 8. Ensure that all records pertinent to this Service Agreement, Including but not limned tD sign-inlsign-out and attendance records, are avaiiable at aii reasonable times for inspection, review, Copying ar audit by Famiiy Central, the Coalition yr personnel duly authorized by Family Central yr the Coalition. C. Permit persons duly authorized by Family Central and(or the Coalition to access, inspec# andlar copy any papers, documents, facilities, goods or services of the Provider which are relevant to this Service Agreement and to interview any clients or employees of the Provider ko ensure the satisfactory performance bf the terms and conditions of this Service Agreement. Failure tv a!!aw access tv duiy authorized persons may result in nonpayment for that day and provider termination from the CTC-A program. O. Nat 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 bald itself out, nor should its employees paid themselves out, as employees, agents, servants, joint venturers, partners or representatives of Famiiy Central or the Coalition. _~_ Family Central, InG. ~ 3311 S. Dixfv Highway, Suite 222 • Wsst Palm Beach, ~t_ 3345 subsequent modification of this Service Agreement, whether direct or indirect, and whether to any person or tangible nr intangible property. The Provider's inability to evaluate its liability shall not excuse the Provider's duty to defend and indemnify within seven (7) calendar days after notice by Family Central or the Coalition by certified mail. After the highest appeal is exhausted, only an adjudication or judgment specifically finding the Provider not liable shall excuse perforrr-ance of this provision. The Provider shall pay all cysts and fees including atfomeys' fees relating to these oblige#ions and their enforcement by Family Central or the Coalition. Family Central's or the Coalition's,failure to notify the i'rovlder of a claim shall not relieve the Provider of these dtaties. The Provid r shall not be liable ar the sole egligent~a is of Family Central nr the Coali#ion. Th~.s pr v~sian shall got be canstrue~ as a wa~.ver a~ any rl~.t< or de~ens~ zaha_ch Provider may passim-ss ~e~r~ ~s O. Maintain any liability andlor accident insurance as required by law, including but not limited to, any ~3.mite insurance required by child care licensing regulations. Any insurance coverage beyond that required ~~ lay law is optional, but encouraged. If the Provider main#ains liability andlor accident insurance ~~-s~-a~ covering its business, {a} Family Central and the Coalition shat! be named as additional insureds {with o~ See the exception of worker's compensation insurance), (b) the Provider shall furnish Family Central with 7b8 • Zf written verification supporting the existence of such insurance coverage, and {c) the Provider shall Fla. notify Family Central in writing at least thirty (3Q) days in advance of•any anticipated material change Scat. in coverage or cancellation. The Provider must comply with the insurance requirements of this paragraph before reimbursement payments wil! be made. This provision does not apply to the extent the Provider is self insured, including but not limited #o, a state agency nr subdivision that is self- insured pursuant to Section 768213{'l6), Florida Statutes. P. Submit to monitoring by Family 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 action plan that includes time lines far correcting deficiencies. Recurring lack of availability for monitoring, failure to comply with a corrective action plan, or failure to correct any deficiencies shat! constitute a violation of this Service Agreement, and is grounds for #ermination of this Service Agreement. Q. Immediately report any known or suspected child abuse or neglect to the Florida Department of Children and Families through the Child Abuse Registry (1-8pp-96-ABUSE)_ R. Agree #o attempt to settle any dispute through the Family Central Grievance process. In the event the provider fails to first gn through the Family Central Grievance process, the Provider shalt pay all Family Central costs and fees including attorneys' fees relating to any action the provider may take. S. Be (a) certified by Nonprofits First; {b) a municipality; or {c) a Palm Beach County School District Af#erschool program in order to be eligible. to receive CTC-A funding. Notwithstanding the foregoing, children who were receiving CTC-A funding on the effective date of this Service Agreement will remain eligible for CTGA funding, but no new CTC-A slats wit! be filled unless the f~rovider meets the abave- described criteria. in addition, if the Provider participates in Early Care QIS, siblings of children in care may be enrolled in CTC-A slats, but no other children may be enrolled far slots funded through CTC-A unless the l'ravider meets the above-described criteria far new CTC-A slats. T. Nat be eligible to receive CTC-A slats unless the Provider participates in Prime Time's QIS. Notwithstanding the foregoing, children who were receiving CTC~A funding on the effective date of this Service Agreement will remain eligible far CTC-A funding, but no new CTC-A slats will be filled unless the Provider participates in Prime Time's QIS_ In addition, if the Provider participates in Early Care QIS, siblings of children in care may be ~:nralled in CTC-A slats, taut no other children may be enrolled for slots funded through CTC-A unless the Provider participates in Prime Time`s QIS. U. Remain active in Prime Time's QIS. Active Participation in Prime Time's Q!S is defined lay: completion of annual external assessments; quarterly progress CheCICS documented by Qualify Advisors; full participation in Parts I and 11 of self-assessmen# and completion of a Program Improvement Plan within 911 days of external assessmen#s. The Provider shall not be eligible for CTC-A funds if it fails to comply with this paragraph. V. To accept the State of Florida, Agency for Workforce lnnnvafion, Office of Early Learning rules for reimbursement for holidays and absences which include: (1) payment for up to # 2 holidays per year, -3- Family Central, inc. • 3i 19 S. Dixie 1-tighway, 5uife z22 • west PaSm Beach, FL 33405 D. Monthly Invoices. The Provider will be paid by Family Centro! on the basis of monthly invoices that _ report the eligible enrollment on a daily basis. The invoices shall be submitted an the Attendance Sheet and ©oaumentation of Absences forms provided by Family Central for this purpose. The Provider shall submit mon#hly invoices consisting of the attendance and reimbursemen# request forms to Family Central not later than_the #ourth_f4~~') calendar clay of fhe month following the month 'tn which services were provided. Monthly attendance and reimbursement forms received after that day will be included in the following month's report thus delaying the Provider's reimbursement until the next reimbursement period. The Provider forfeits all fights to payment for any monthly attendance report submitted more than 4~ days following the end of the service period. Requests for reimbursement adjustments must be submitted in writing to Family Gentrai within 45 days following receipt of payment for that service period or within twenty (2a) days after the expiration or tam sination of the Service Agreement whichever is sooner. Suspected fraudulent conduct by the Provider in reporting information to Family Central in connection with receiving payment hereunder may result in termina#ion of this Service Agreement and will be reported to the appropriate law enforcement authority or authorities. E. Payments. Reimbursemenfi payments will be mailed or released far direct deposit by Fam[ly Centro! not later than the sixteenth {16th} calendar day of the month, following the month for which a completed and accurate invoice (including al[ required attendance information} is submitted #ti Family Central, subject to availability of funds. This is not necessarily the date providers will have access to the payment, depending on bank regulations. Reimbursement shall be made for the eligible enrollment on a daily basis. F. Gold Seal Reimbursement at Gald Seal rates will tae made only if proper documentation is submitted to Family Central. Proper documentation includes a current Gold Sea! certificate from the State of Florida and a current accreditation certifica#e from an accrediting body recognized by the State of Florida. if the Provider aeries to qualify at any time for payment of Gold Seat rates, the Provider will be reimbursed at the non-Gold Seal rates. Gold Seai Rates wili.be effective the t'irst of the month following notification in writing by the provider to Family Central, Inc, G. Funding Source. Reimbursement will not be made for children receiving after school care through a funding source other than the source of funding under this Service Agreement- H. Termination of Service to Client. if a child ceases to be eligible for CTC-A funding, Family Central will notify the Provider of the child's termination date. The Provider shat[ not be entitled to reimbursement beyond the termination date as indicated on the child care certificate or the date, on which the Provider is notified by telephone or in writing of a child's termination, whichever is earlier. Slot replacement may be accomplished by the Provider pursuant to the procedures se# Earth in Attachment "B" V. Reimbursement Policies. A. Program; Holidays The Provider will be paid far the following holidays. Designated Jul 3, 2009 lode endence Da Se tember 7, 2009 Labor Da Paid at Part time rates November 26, 2009 Thanks ivin Da December 26, 2Q09 Christmas Da Janus 7 , 2010 New Yearn Da Ma 31, 2010 Memorial Da Paid at Part-time rates Floating 4up to a maximum of 6) November 27, 2009 December 24, 2008 Janus 4, 2010 ,}anus 18, 2010 Februar 15, 2010 March 26, 201 q -5- Family Gersiral, Inc. • 3t 7 i 3. D9x'sa Highway, Sete 222 : infest Patin Bach, i'L 33405 _ V!. RenegatiationlMndifrcafion. Modifications to this Service Agreement shall be valid only when they have been reduced to writing and duty signed. The parties agree to renegotiate this Service Agreement if federal, state andlor county revisions of any applicable laws or regulations make changes. in this Service Agreement necessary. Vll. Name Mailin and Street Address of Pa ee. The name and mailing address of the official payee- to whom Family Gentral shah make payment: Program contact: Program Name: Program Address: Telephone Number: Vlil. ~~.~ ~f ~~ The name of the contact person and street address where financial and administrative records are maintained: Program Gantact: Program Name: Program Address: Telephone Number: The services reimbursed unl pr-• r_~~ E i:3 ~ ~ ~.' ~~ ~~ ~5~1 ter this Service } r-~~3' agreement wilt be provided at the fofiowing loca#ians: MiSCelldneflUS. A. Term. This Service Agreerrtent is effective as of ~ctaher 'f, 24Q9, and wii! autoinaticalfy #erminate on June 3Ds 20113 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. Assignmen#. Neither Party may assign its interest under this Service Agreement excep# with the prior written consent of the other Party, which consent shall not be unreasonably withheld. 11Vithnut limiting or restricting the generality of the foregoing, it shad not be unreasonable for a party to deny its consent where, in its opinion, acting reasarlabfy, the proposed assignee, purchaser ar transferee lacks the capacity nr resources necessary to ensure the proper conduct and completion of its obligations under this Service Agreement over the remaining portion of the Agreement Period. Na assignment shelf operate to release the assigning Party from its obligations hereunder unless such Party is expressly released from its obligations by the other Party. C. Inurement. This Service Agreemen# shelf be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. Nothing captained in #hls Service Agreement, express ar implied, is intended to confer upon any other person ar entity any benefits, rights nr remedies. .~. 1=amlly Central, loc.. 311 t S. €]ixie HEghway, 5u}ie 222 • Utilest Patm Beach, FL 33405. ATTACHMENT "A" FIXED RATE SHEET ~~a a ,~ Program`s Name CTC-A provides funding for afterschool prograirr;s in accordance with the schooi year calendar, Children will be eligible to receive Part Time Gare during regular schclol days and Full Time care during sumrt~er, school closure days (which dt, riot include weekends and non-reimbursable holidays or other days the Provider is closed) and early release days. Afferschool reimbursement shah be based upon the following fixed rate per child: FU)wL TIME DAILY Sttrr~rner, Schaal Closure Days; Early Release $18.86 Days PART TIME DAILY Regular School Days $1Q.44 The required ca-payment is X1.80 per day, regarcllsss of #u11 or half day, far the first child in the farrtily and $.90 per day for each ac#ditit3nal child In the family, Family Central shall deduct the ca- paymentfrom the rats before payment is made to the Pro~"i,~der. Rates Effective: July 1, Pravlder`s Signature: Date: ~~ 'r~.s• C Approved as to farm an fegai s ficie1 y: /1Syy. y Cil~ A V~E1~ 1 ~~ 11 ~g- Fam11y Central,lna .3111 8, Dixie HlghwBy. Suite 222. Weef Palm Beach, F1.334D5 EXHtBtT "A'• CONTINt1E ~`0 CARE Af~'ERSCH©t7L ~CTC-A) CHIT-D CARS PROGRAM REFERRAL F13RM 1=0R CHiLt? CARE SCii©i_ARSHIP ~ency informatlort Agency: Staff ~iatne: Site: Phone: Indioates Required imail, Parent fiformatiori Fax: Parent 1 Parent 2 *Name "Date of Birth *Gender *Hispanicll.atino ~Yesfr~io~ *Race *Famiiy Size Employer *Phone #~ . Mart: ape Work Home Gekk Work Home Dell Phone ~2 Mart ype Work Home Gefl tNork Home Cell Phone #3 Mack tYRe Work Hama Gell Work Home Geli Mnnthiy int;ome *Street Address Aptlhlumber *City, Zip *Lar#guage PreferencE: *Ma€tial Status: ~~ Dirrorced hildClren In hnt3seholdl Married ~ Separated ~ Single ~ Widowed *Name First, NII, Last *p0i3 *iViaielFemale SSA *Racel~thniCity 'Fteing referred titr CTC-A care? Yes or No Fax to 561-514~33g8 _~~. Family Ccn1r2i1, tnC. • 3111 S_ Dixie Fligl~way, Suite 222 • west Palm $each, FL 33405 ~ ~ti ~~ _~~ r~~ ar~tgi~g t~.~*es ar a ~~~~ A~nendmenfi to t~e,Ac~r~eme~t laetween i=arnily Genlrai, Inc. ("F"amiiy Genttaffl) Arid CfTY GlT G~f..F~A~ BEACI-[ (The "Provider) C?n this 5 day pf ~ijNE ~0'i ~ , in additio~t to fhe terms and cvndifiions set f©r~h in the Gontinue- To-Gate Aft~rsehaol (GTGA) Senri~ Agreement haiwweer~ family Ger~fral, I€rc. ara~i _ G!'f~_C~~ REt~RAI~ B . ,~ ,,, t~ACf~! , e#fiective r.rntil aurae 3~,_2Q'l0, ttre ftaflvwing Amendment is here€ay made in part of fife vrigir~al l~greemerit_ Tta the exfient a cpnflicfi p~cis i~efiween the Agreement and this Amendment, tf~is Amendment shall govern. In aansideration of the prramises herein and rather good and value considerations. i"amily Central anr4 the provider agree to the ipllaws; Vtl. Name, Mailing and S#~eel~,A~dr'ess of l~ay_~~. „___,_ Tl~e name and mailing address taf ~o offciai payee to whom ~amiiy Gentraf shaft make payme. _~_~_. ,_ fi'rograrn Contact: ' "' Program Name: l~ragraam Address: Tefspl~one Number; The Warne a#~e cQn~act pee~an anr~ street address where financial and adminisf~#i~re records are maintained: #'rogram intact Pragmm Narr~e; Prragram AdC~rBSS: Telephr~ne Number; The services purchased af_'the following ivcations: 31 i~ 9. [~ixi~ ~li~hway, Sui~ 2?~ • west ~af~n Seact~, ~L ~ik45 31i8I~fl ~`~ ` t .. x ~ ,~z..-~ Q71~3~CL]°S CMGL'SC~F~Sk7C~~ ~ CER'k'EF~~f~A ~'~ 1~ <~ ~e.,.,r. ~ , +€ haccrra ~. ~~+~ G~urn[~ Gvnl~fi~ ~~~ exeeetso«o+r ~- - PJorssxQfi. o Qoi r ao> c4...~ ;fib, ~r f? ~~~~ ~• gory,: ~~i~'z~5~' `¢i4S~:r rpm '~a~yu Page 1 of ~ MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: City Attorney DATE: June 18, 2010 SUBJECT: AGENDA ITEM 8.5. -REGULAR COMMISSION MEETING OF JULY G 2010 AMENDMENT N0.2 TO THE AGREEMENT/MAE VOLEN SENIOR CENTER INC. ITEM BEFORE COMMISSION Amendment No. 2 to the Agreement between the City of Delray Beach and Mae Volen Senior Center, Inc. dated February 16, 2007. BACKGROUND The attached Amendment No. 2 extends the contract term for operation of the Alzheimer's Day Care facility for a cost to the City of $1,000 per month for an additional three {3) years due to further unforeseen budget constraints. RECOM1ViENDATION The City Attorney's Office recommends City Commission discretion. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemIl7=~~.~t~~~~rAPt;,,,.~r~,_~t~ AMENDMENT NO. Z TO THE AGREEMENT- BETWEEN THE CITY OF DELRAY BEACH AND MAE VOLEN SENIOR CENTER, ING DATED__FEBRUARY 16, 2007 THIS AMENDMENT No. 2 to the Agreement dated February 10, 2007 is made this day of 2010, by and between the CITY OF DELRAY BEACH (City) and MAE VOLEN SENIOR CENTER, INC, {Mae Volen). WITNESSETH: WHEREAS, the parties entered into an agreement on February 16, 2007 regarding the staffing and management of fihe Delray Beach Family Recreation and Fitness Center (formerly known as "The Western Community Center"}; and WHEREAS, due to unforeseen budget constraints, the City has delayed the construction orY the Delray Beach Family Recreation and Fitness Center and extended the contract term for three (3) years by Amendment No. ~ to the Agreement; which was executed on September'! 0, 2007; and WHEREAS, bath parties agree that the agreement executed February 16, 2007 and the Amendment No, 1 executed on September 10, 2007 should be amended to extend the term for an additional three {3) years due to further unforeseen budget constraints; and WHEREAS, the City also desires that Mae Volen continue to provide services for the Alzheimer Day Care facility on site. NOW, THEREFORE, far the mutual covenants herein contained the parties agree as follows: WITNESSES. (Print or Type Name) (Print or Type Name) STATE OF FLORIDA COUNTY OF PALM BEACH MAE VOLEN SENIOR CENTER, INC. By:_ Name: Title: The foregoing instrument was acknowledged before me this day of 2010, by (name of officer or agent, title of officer or agent} of Mae Volen Senior Center, a Florida corporation, on behalf of the corporation. He1She is personally known to me or has produced {type of identification) as identification and did (did not) take an oath. 3 Signature of Notary Public -State of Florida AMENDMENT N0,1 TO 7HE AGREEMENT BETWEEN THE CITY ANQ MAE VC}I,EN SENIOR CENTER, INC, DATED FEBRUARY 76, 20A7 THIS AMENDMENT No. 9 to the Agreement dated February 16, 2007 is made this~day of ~, , 20D7, by and between the CITY OF aEI..RAY REACH {City) and MAE VOI"EN SENIOR CENTER, INC. (Mae Valen}. 1NlTNESSETH: WHEREAS, the parties entered into an agreement on February ~ 6, 2007 regarding-the staffing and management of the Delray Beach Family Recreation and Fitness Center {formerly known as "The Vllestern Community Center"); and WHEREAS, due to unforeseen budget constraints, the City has delayed the construction on the Delray E3each Family Recreation and Fitness Center; and WHEREAS, bath parties agree that the agreement executed February 16, 2007 should be amended, and WHEREAS, the City also desires that Mae Valen continue to provide services for the Alzheimer Day Gare facility on site. NQW, THEREFORE, for the mutual covenants herein contained the parties agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated as if fully set forth herein. 2. Modification. Section fill, Paragraph A of the Agreement is hereby modified as follows: A. Terrxr of Contract. The term of this Agreement shall be three ~3} years beginning from the date of this Amendment No. 1. After the cam letion of the construction of the Delra Beach Famil Recreation and Fitness Center fka "The Western Gommunit Center" and u vn the issuance of win a notice to proceed is-is~ed by the City a new three (3) term shall commence and such term aid--sq~ll4 may be extended far two (2} additional ane~year terms upon the mutual agreement of the parties, unless terminated by either party thirty (3p} days prior to each such extended term. If through any cause, either party shall fail to fulfill in a behalf of the carparatian. HelSihe is ersonall k or has produced (type of idertti ation} as identification and did (did not) take an oath. ~ Y / Signature of Nota ublic -State of Florida cam. ~. a~.~o • ~ co~r~-u~on nozrerea ~,,,d~ ~. tussrct, a~, zooa 3 TAF3~E OF CONTENTS PAGE SEGTIQN''I SCOPE CZF SERVICE ~ ,A. Agreement #a Pertortn Work S. Purpose 2 C. Mae Vofen to Provides as Fpila~s: ~ 1. Staffing of Senior Cen#er Companenf ~ 2. 5fa~ng of Alzheimer Center Companen# 3 3 Transportation 3 4. Additfanal Supervisory Fmplayees 4 ~. Employees of Mae Volen 4 7. Naurs of Work 5 8. Holidays fi 9. Errrergencies, Including Wea#her Emergencies fi D. Equipment and Facility fi '1. Computers ~ 2. ~ Phonefl=ax; Other Equipment fi ~. Ve(~icles and Vehicle Radios ~' 4. Deals ~ fi. Cleaning; Rr om Prepare#ion $ 6. Opening and Closing Facility; Office Space and Fur~i#ure 8 7. imlaratremenfs 8 8. R`esponsibilit~r for Repairs and Payment 8 9. Gaud Condition 9 E. Services to be Provided by Mae Vt~ien ~ 9 7. Calendar 1 fi 2. Prograrnmlrtg 1 Q 3. Entertainment ~ ~ 4. Man$gement ~ a 5. Vendor Development 9 0 G. Vafunteers 1 Q ?. f+esftien# Fee Cofiectiart "ifi 8. Collea# Membership Da#a "i a 9. Prepare Repairs ~~ 1 fi. Prepare Purc#rase Orders 1 ~ i ~. YaXeS 1? J. Counterparts 17 K. Waiver, Modification, etc. 1~ L. Partial invalidity ~ 1? M. Remedies C+~mulative 17 N. independent Contractors 18 C~. i~iatices 18 !'. S~rrviving Provisions 1S {~, Further Assurances 1~ R. Construction 2D S. Insurance ~~ 1. Property Damage Insurance to be Provided by tfie City ~b 2. Mae Valen to Provide the Failpwing Other Insurances 2b a. Commercial General Liability Insurance 20 b, Autamabile Liability insurance 2b c. Professional Liability Insurance ~b d. VVarker's Compensation 21 e. Additianallnsured 21 f. Evidence of Insurance 21 g. CanceilatianlChangeslRenewal 21 T. Governing taws; Venue ~ 21 .., iyx r AGREEMENT BETIi'~EEN THE CITY OF DELRAY BEACH, F~URIiiDA AND MAE Vt~LEi~i SENIOR CENTEt~, lNC. f=t)R STAFFING AND MANAGEMENT` SERVICES AT THE 1fIfES`I'ERN CC}1V1MliNITY CENTER This ~4greement is made and entered into this -_Y__._ day of 2x06 by and between the CITY ~1= DELRAY BEACH, a 1=lorida municipal corporation, hereinafter referred to as the "City" and MAE VQLEN SEhttCfR CENTER, iNC,, a 501(0)(3}, private, not-for profit corporation, hereinafter referred to as "Mae Vo1en". VIl'HEREAS, the City shall construct a iNestem Community CsnterlSenivr Center at the northwest corner of Congress Avenue and Lake Ida Raad, within the City of Delray reach; and '~t'HEREAS, the City desires to provide its citizens with sere"aces for ail ages while providing a fat! continuum of activities designed to enhance the duality of life for citizens fi0 years of age ar airier; and 1l1i'HEREAS, Mae ~l~alen desires to provide services based an a preventive concept designed to Warfare the mind, body and spirit while bringing health, fun, education and campanianship into the lives of older adults; and VV'HEREAS, the City desires tp engage Mae Va1en in order to pravide transportation, staffing, management and daily vveraight services for the Senior Center component of the Western Community Center. tfVHEREAS, the City also desires that Mae Vales pravide services and run the ` Alzheimer Day Care facility an site. 1 provide special suppcxt programs and services that are intricately and expertly coordinated to give seniors the freedom to enjoy an extra zest for life, while sharing the burden of their caring families. Mae Vs~len's's mission is tQ enhance the quality of life far our alder citizens who have already given their all, and who deserve to spend their lives in the mast meaningful and fulfilling ways passible. C. Mae Vctten to Prc~vlde as Fotl©ws: 1. Statfin of Ser~ror' Center Cam on nt. Mae Nailer shall provide one Director of E.ife Enrichment, one Life Enrichment Assistant, one Administrative Assistant and three drivers far the senior center component. The Director of Life Enrichment and Life Enrichment Assistant will both be full-time staff. The Administrative Assistant will be part-time. The three drivers will be full-tune. The staff listed above will be dedicated to the Gity's Senior Center component of the Western Community Center. 2. Staffing of Alzheimer Cep#er Corr~par~enf_ In addition, Mae Voter shall provide staff far the Alzheimer Day Care compt~nent. The Alzheimer Day Care staff shall €;ansist of DirectorlManager, as well as nursing and activity staff that meet or exceed the client to staff ratios requirement by State of Florida Adult Day Care License requirements. 3. ~rarisporfatiar~. The transportation Director and Senior Director of Life Enrichment, as well as the use of Mae Valen Senior Center's scheduling and dispatch in the transpartatian department shall be provided off-site at Mae Valen's Headquarters and utilized try the Senior Center component of the Western Community Center. Transportati©n shall not be provided far the Alzheimer compnnent. Mae 3 ~. Recruittrtent. At Ceast three months prior to the grand opening ofi the Westenr- Cvmmcanity Center, Mae Voters shall commence recruitment and hire staff and provide sufficient training and orientation prior to ccammencement ofi the wt~rk far the Senior Center component. Prior to the opening of the Senior Center, Mae Voter shah provide staffing for the Alzheimer facility. 7. fours r3f ork, Mae Voters understands that the Community Center wilt be used by all ages including adults and children. The majority of City programming far adults and children shalt occur prior to 9:00 a.m., after school and evenings and weekends. Mae Volen shall have usage of the entire Western Community Center, including the gymnasium, fitness center* computer ..lab, multipurpose roams, auditorium and kitchen between the hours of 9:40 a.m. and 3:00 p.m., Monday through Friday witl} staffing from =8:fl0 a.m. tv 4:fltt p.m. vn those same days excluding holidays and or weather emergencies as set fiort#~ in Paragraphs CS and C9 respectively to operate the Senior Center component. The hours of the Atzhelmer Day Care component shall be Monday thrflugh Friday, 7:00 a.m. to f:00 p.m., with the facility being available for weekend use ifi deemed necessary. Night and weekend events and programming may be provided by Mae Voter far the Senior Center component after apprgval by the City. These outings may include day trips, overnight trips, as well as travel crab trips to vacation areas. The City and Mae Volen shall work cooperatively in the programming and in the hours and times of operation and joint use ofi the facility and, if required by the City, llRae Valera, will adapt its use tv the time and hours the City determines are available for the programming by Mae Valier~. 5 ., Community Center to alert participants when their buses arrive Qr when their appointment time comes due. The City sha#1 also purchase a Bingo system .far the auditorium. 3. Ve#ricles and Vehicle Radi The City shah provide three buses far use by Mae Valen for the Senior Center component, Mae Vaten shall lease the vehicles Pram the City. The City will specify the exact vehicles once purchased so that Mae Nolen, at its sole cast and expense can secure insurance. The buses shall be wheelchair accessible and each shall accammQdate passengers. The Mae V©len Senior Center shall install its own radios in the three City~owned vehicles for communication between the drivers and the base Transportation ~}epartrnent. The vehicles will remain the property of the City and will be Insured by the City. All repairs, maintenance and gasoline of the three City vehicles will be provided at the, Glty`s expense to ensure safety and quality of service. Mae Bolen shat[ be required to repair and replace radios as needed. Upon termination of this c©rr#ract, radios will be removed from City vehicles and returned to Mae Volen. 4. deals. if lVlae Volen Senior Center is able to secure Older American's Act funding to allow a mealsite to be established at the 1t-lestem Community Center, the City shall provide steam tables as well as a three compartment sinK and a sink for hand~washing and the City shall also provide storage for dry goods such as napkins, paper plates and disposable silverware and serving utensils. if the kitchen is going to be used for any food service beyond the basic mealsite, tins City shall be responsible for securing a Faod Hygiene Permit from Palm Rsach County acrd ar~y 7 basis, and perform periodic roof inspection and repair. The City shall also maintain the grounds, the parking area, outdoor lighting and secure the property during storm preparation and provide post-disasterlstnrm support with secur,ng the building. The City shall pay for any insurance it is required to provide under Section lit, Paragraph 5. All responsibilities for the building, oat speciticaliy assigned to Nfae Voters shall be the responsibility of the City, Mae Volen shall Keep the inside temperature at a temperature in the 7p's (l=ahrenheit) tp retard mold. The City shall pay for utilities and waste pickup, including but not limited to elet~ricity, water-sewer, garbage, phone, computer hook upslcable #v and intemet services and for client needs. Mae Volen shalt pay for all other operational expenses not expressly provided for in this Agreement, Notwithstanding the forgoing, until the Senior Center becomes fatly operational, the City will provide the sere"rtes and be responsible for payments set forth in Section ll, A2, as it relates to the Alzheimer's component. if the City determines that any of the expenses exceed what would normally be considered appropriate, the Ciiiy may dispute fihe bill only after a meeting of the City Managers President of N1ae Volen and the Director of Parks and Recreation meet and agree that the bilt is unreasonable, in which case the City may obtain reimbursement from Mae Vvlen of expenses that are not reasonable or not reasonably related to Mae Vafen operations td be pertormed under this Agreement. 9. Good Condr"tlQn. Mae Vafen shall operate in a manner to insure that the premises is neat clean and orderly and Mae Vafen shall comply with all reasonable City requests to ensure the premises' appearance is acceptable to the City. E. Services o be f~ravided b Mae Volen. Mae V©fen shaft provide the following services to the City cif Delray Beach at the Western Community Center. 9 '1 ~ . l~larkefina and C3u#reach ideas. Collaborate with City staff vn the development of marketing and outreach materials including, but not limited to, brochures, flyers, rsewsletters, press releases and webs'rte, to be paid far by the City. '12. f'hotograahs. Ensure pho#ograahs are takers at various events and activities 'l~. Corr~muni# P i i anon. Participate in community activities and serve as representatives of the Senior Center component and Alzheimer's component of the Vkiestern Community Center. °l4. Surveys. Annua! Quality Assurance Survey of the membership to gain feedback an pr©gramming and activities 1 ~. Corrtmuni#v OU#reach. Encourage participation ar~d membership through general outreach to tie community as a whole 1ff.ll~tinori#~r Ou#reae#~. Targeted outreach to minority and low income seniors to encourage participation and increase awareness of the activities and services available 17. Trans or#ativn wi#h Ci# Vehlcfes. Using the Guy's tl~r~e dedicated buses, transport seniors to and from tl~e Western Community Senior Center as well as to outings ar~d activities included in the calendar of events. When not transporting seniors to and from the Western Community Center Senior Center, ifi available, the vehicles will be used to take seniors to and from medical appointments, grocery stores and other appointments within the greater Qelray Beach area. Appointments will be made with priority being given ifl medical and grocery trips. The transportation referred to in this paragraph does not include transportation for the Alzheimer's component, 'lS. Coordnaferl-_- Transport. Coordination Qf transportation through the Transportation department located at the main Boca Raton facility utilizing scheduling and dispatch staff, Riders wilt be required to follow standard Transportatiar~ policies and procedures which include registration, scheduling of appointment and appropriateness f©r usage of tl~e transportation service. Nlae Volen reserves the right tQ refuse to transport anyone that it deems unfit for the program due to safety andlor behavioral concerns, 1` 1 5ECTlt3N 1~ GL?MPENSA'ION ~!. Pa ent to Mae w©ien from tha Ct 1. Senitar Gen#er Cvm~arren#, Tine City agrees tQ pay tv Mae Voien of $235,000 annually with payments tv be made monthly in the amount of "11'12tn of the annum contract amount for services far the Senior Center component However, na payment shall be required until staffing and services actually begin and the lltlestem Community Center is open and aperatianal. If services do not begin until the 200712008 t'~iscat year a payment amount not tv exceed an additional 5% shaif be made to Mae Vole. 2. Alztretmer Faciliy Cotnpanenf Untii the Senior Center is €ully operatianai, the City shall provide a Grant in the amount of $'1,000.00 per month to Mae Volen to operate the facility during the wind tip period. The responsibility of the Guar shall be to pertorrn air-c4nditianing, plumbing and electrical repairs, as well as to maintain and repair the building and paint the inside of the building on an as needed basis, and perform periodic roof inspection and repair. The Gity shall also maintain the grounds, the perking area, outdoor lighting and secure the property during starrn preparation and provide post disasterlstorm support with securing the building. All respat~sibilities, not specifically assigned to tine Gity shall be the responsibility of Rliae Vaien. Mae Voien shall keep the inside temperature at a temperature in the 70's (Fahrenheit} to retard mold. Mae Voter shaif pay far all vperatiar~al expenses including, 1~ Mae Voien and the Gigy shall have the right to terminate this Agreement without cause upon thirty (~(3) days' advance written notice to the other party. ~. Changes. The City and Mae Voien may, from time to time, request Changes in the scope of services to be performed thereunder. C. indemnification. Mae Nolen will protect, indemnify and save harmless the City from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expense (including without limitation, reasonable attorney's fees and expenses) imposed upon or Incurred by or asserted against the City by reason of ~a) any accident, injury to or death of persons or loss of or damage to property occurring on ar about the Premises ar Property resulting from any negligent act or omission of Mae Voien or anyone claiming by, through or under Mae Vvlen; (except if related to activities of the Cl#y to develop or redevelop the property) (b) any negligent failure on the part of iViae Voien to perform or comply with any of the terms of this Agreement; or (c) negligent performance of any labor or services or the negligent furnishing of any materials or other property in respect of the programs provided by Mae Valera or the Premises, Property or any part thereof, except if related to activities of the City. In rase any action, suit or proceeding is brought against the City by reason of any such negligent occurrence, Mae Valera will, at Mae Voien's expense, resist and defend such action, suit ar proceeding, or cause the same to be resisted and defended by counsel approved by the City. Mae Voien shall not be responsible for the negligent acts or omissions of tl~e City. D. N~andiscriminatian. There shall be no discrimination against any employee who is employed in the work covered by this contract, or against any 15 ~ [1 Y 1. Taxes. The City of Qelray Beach is exempt from taxes. IVlae Valera shall be responsible for all taxes of whatever kind imposed by law as a result of any and all of Mae Volfen's activities at the Senior Center and as a result of this Agreement. J. Counterparts. Th'rs Agreement may be executed in counterparts, any one of which need not contain the signatures saf mare than one party, but all such counterparts taken together shall constitute one and the same Agreement. facsimile signatures snail have the same effect as original signatures. 14. Waiver Modification etc. No covenant, agreement, term or conditiart of this Agreement shall fie changed, modified, altered, or Terminated except by a written instrument of change, modification, alteration, waiver or terminatian executed by both the Mae Voien and the Gity. lVo waiver of any default shall affect this Agreement, but each and every covenant, agreement, term and canditivn of this Agreement shall continue in full force and effect with respect to any ather then existing or subsequent default hereof. No waiver of any default shall require or be the basis for any subsequent or future waiver of any default. L. Partial ln~rai,,,~, idity. If any provision of this Agreement or the application thereof to any person or circumstance shall, to any extent be invalid or unenforceable, fine remainder of this Agreement or the application of such provision to persons ar circumstances other than those as to which it is held invalid yr unenforceable shall not be affected thereby and each provision of this Agreement shat[ be valid and enforceable to the fullest extent permitted by law. M. Remedies CumulEative. Bach right and remedy of the l~lae Valera and the City provided for in this Agreement shall be cumulative and shall be in addition to 17 For City. David 'i'. Harden, City Manager City of Delray Beach ~ gA N. W . 'l S# Avenue Delray Beach, Florida 33~4~ Phone: (561 } 2~3-7~~ 5 F~ccsimile: (5~1) 243-7198 Notices shad be effective only if personally delivered or mailed, United States mail, certified mail, return receipt requested; if pets©naily delivered the notice shall be effective on the day delivered; if mailed, the notice shall be effective on the second day after mailing, ar the day that delivery is refused. Delivery by an avemight express delivery service shall be deemed to constitute personal delivery an the date delivered to the aflice address set forth above far the recipient thereof. Notwithstanding the foregoing, any notice which, pursuant to this Agreement, requires action or cessation of conduct in less than three ~3) days may be seared by facsimile transmission, followed by delivery as otherwise herein provided, and shall be effective when receipt of the facsimile is cangrmed. P. Survivin F*rovi5ians. Any pravisior+ of this Agreement the perFormance of which requires that it be in effect after the expiration of the Term ar the earlier termination of this Agreement, shall survive such expiration andlor termination and shag remain operative end in full force and effect. Q. Further Assurances. Each party agrees, from time #o time, at the request of the other party and without cost, charge or expense, to execute and deliver such other documents and take such ether actions as may be reasonably requested to mare effectively carry out the terms and provisions of this Agreement. l9 nccurrendelannual aggregate for all responsibiflties to be performed by Mae Vvlen or any persons employed r~r acting an their behalf under this Agreement in order to Dover their "errors and omissions". d. Worker's Com~ensafivn: Mae Valen shall provide Worker's Compensation and Employer liability in amounts and as required bylaw, e. Add1#ional Insufed the City of Defray Beach .shall be included as an additional insured by way of the mast current lS{] endorsement, or its equivalent, on Mae Volen"s comprehensive general liability insurance policy and automobile liability insurance policy. f. Fvitlence of Insr~rance: Mae Valera shall evidence the insurance required under this Agreement by way of a Gertigcate{s) of Insurance. A renewal Cerklltcate(sy shall be provided fa the City at least thirty (30) days prior to the expira~on of any policy. g. CancellationlChanges/Renewal: At least thirty ~30~ days written notice must be given to the City of any cancellation, intent to non-renew, or material reduction or change in insurance coverages. T. Governin Laws Venue. This Agreement shall be governed by and in a~ordance with the Laws of the State of Florida. Venue for this action, arising from this Agreement, shall lie in Palm Beach County, Florida. U. VaMidity of Agreement. This Agreement shall- not tie vaiicl until signed by the Mayor and the City Cleric of the City ofi Delray. V. Entire A regiment. This Agreement shall constitute the entire Agreerrient of the porkies with respect to the subject matter of it. All prior understandings, including 2I f r„ .. r f {type afi take an oath. ~ a~ .,~~~ ~~ ~entification) as identii~catian and did (did note .~ Signattare of Notary Pubiic w State afi Florida 23 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: June 22, 2010 SUBJECT: AGENDA ITEM 8.T. -REGULAR COMMISSION MEETING OF JULY 6, 2410 AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/CRA/F[]NDING OF CONSTRUCTION/PROFESSIONAL SERVICES ITEM BEFORE COMMIISSION Commission is requested to approve Amendment No. 1 to the Interlocal Agreement between the City and the CRA, dated September 30, 2009 for the funding of construction costs and professional services for certain projects as listed an Exhibit "A" attached to the Agreement. BACKGROUND Amendment No. 1 to the Interlocal Agreement provides for certain changes in CRA funding far certain projects. The changes are as follows: SW 12th Avenue Beautification Pro'ect - In 2008, with the anticipated redevelopment of the former Carver Estates (Delray Beach Housing Authority) and Auburn Trace sites, the City received two grants (Palm Beach County & Federal) for ofl=site public infrastructure and streetscape improvements along SW 12th Ave/Auburn Ave/SW 14th Ave and streets adjacent to the Delray Beach Housing Authority holdings (SW 8th St, SW 12th Ave & SW 13th Ave). The grants received ($2 million total} can only be utilized for construction costs. Therefore, the CRA's contribution to this project is being increased to include design of the streets identified, which is consistent with the adopted SW Area Neighborhood Redevelopment Plan. The funding has been increased from $150,000 to $245,000 for the design of the paving, drainage, lighting and landscaping, as well as survey work and environmental studies. Downtown Parks ~ Expenses were decreased by $500,000 because the City is funding the design work from other sources and construction is not scheduled until FY 2010-11. SW 2nd Street Beautification -The funding has been reduced to only cover design fees, as construction is not scheduled until FY 2010-11. SW 2nd AvenuelW. Atlantic Avenue signalization -This project has been completed and no additional funding indicated in the ILA is necessary for the project. httpa/miweb001/CouncilAgendalBluesheet.aspx?ItemID=3422&MeetinglD=263 7/2/2010 Meeting Date: June i0, z010 Agenda !faro: ~ ~ f ~.r~ar AMENDMENT N0.1 TC1 iNTERLl~1~L 14CREEMENT i~31=TWEEN THE CITY ACID CRA Fi~R FUNpINC COh[STIiUG~'it3F~fPl~~FESa1Qf~1At SI»i~i11CE5 FY ~0#i9-20'10 At lts meeting of September 24, 2008, the GRA Board approved the Interlvcai Agreement between the City and the CRA for funding of projects for Fiscal Year 200912010. Exhibit "A° of titre Agreemsa7t lists the projects and funding amounts. The Agreement was subsequently executed by the City on September 30~'. V1lafh the GRA budget Amendment Flo. 7, approved lay the i;~ eoard on lVlay 2T°i, adjustments were made to specific projects Identified in the Interface! Agreement between the City and GRA for certain construction projects. At this time it is net~ssary to process an amendment to the agreement in order to adjust for changes to the faliawing projects: 1) ~ 12th Avenue Beaufificatlgn Project - In 2008, with the anticipated redevelopment of the former Carver Estates (17elray Bea-c~ Housing Autharftyj ark Aubum Trace sites, the city received two grants (Palm BeacFa County & Federal] for t~#-site puf~iic infrastructure and streetscape improvements aiong SIN 12~` AvelAuburrt Ave1SIN 14~' Ave and sheets ad~acent t~ the ©elray Beach Housing Authority holdings (51~V 8~' St, SVII 72~' Ave ~ SI#~1 13 Ave). The grants received (~2 mil~ian tratag can only be utilised for cons#n.~cfion casts. 7herefore~ the CRA°s contribution to this project is being increased to include the design of the strse#s iden#ified, which is consistent witi~ the adapted SIN Area Neightaarhaod l~edevelopmerit Plan_ The fur~dirtg has been increased from $9~a,flQQ fo $245,000 for the design of the paving, drainage, lighting and landscaping, as we11 as survey work and enviranmerital st~rdles 2] Downtown Parl ~ ~per~Ses were decreased by $500,000 bemuse the Gity is funding the design work from other sources and construction is not scheduled until Flf 2010» 21311. aj 5W 2"~ S et Beauti~cahon -The funding has been reducers to only cover.desis~n fees, as construction is neat scheduled urrtii l=Y 2010-2017. 4) SIN 2"d AvenuelW. Atlari#ic Avenue signali~ation This project has teen completed and no additional funding indicated in the l1A 1s necessary for the project. ~} SE ?`"' Arrenue_Sid_ewalic ImArovements -- This project was inadvertentiy excluded from the original IIA. The project consists of the lnstafla#ion of a sidewalk on the west side of SE 2"° Avenue,l~tween SE 1'` and 2"~ 5tr~eets. 8) 1Nest At an i v ue sidewalkldrivewa m fi atlons _ This project is to oddness minor mod cations to drlvewayslsldewalks that were net 1n the original scope of work far the W. Atlantic Avenue t~autificatian project. The net resuit of the changes is a raductian in the amount of GRA funding included in the Iriterlocai Agreement from ~i,414,800 to ~2,944,80t), yr a decrease of $~470,OOQ far this siscal year. The proposed amendrrrent removes the approved Exhib~ 'A" and replaces it with a new Exhibi# 'A' which includes the adjustrnerits referenced above. Recommended A~o.1n: Approve Amendmen# No. 1 to the lnterlacal Agreement laelween the City of 1]elray Be$irh and the GRA for fundiing of Car~struc~ionlProfessional Services for ~sca1 Year 20D912010. Sefbrttttted sy~ efFre .Cost Assistant ©irector ~- .F T'J r , INTERLQCAL AGREEMENT BETWEEN THE CITY DF aELRAY BEACI# AND THE DELRAY BEACH COMMUt-1tTY I~EDEVhLOP~IJENT AGENCY FOR FUNDING CONSTRUCTION~PROFESSIONAL SERVICES THIS AGREEMENT is made this day of , ~~a8, by and between the CITY OF DIWLRAY' BEACH, a Florida rnunicipa! c~orpvrat'ron,. (hereinafter referred to a5 "CiTY"~, and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body borporate and politic, duty crewted and operated pursuant to Chapter ~ 63, Florida Statutes thereinafter referred to as the WITNESSETH: WHEREAS, the: CITY will be performing various construction projects located in the CFtA district anti as shown on Exhibit ~A', and WHEREASr the CIA is providing funding for the projects in the amount listed vn L~xhlblt "AM;. and NOiN, THEREFORE, In consideration of the mutual covenants and promises herein contained, the parttes~ hereby agree as follows: 7. 'T'he recitations sef #orth above are hereby incorporated herein. 2. The CRA shall provide #unding to the GITY in the amounts listed and for the projects listed on Exhibit "A". Such payrnerit shell be made to the CITY upon the bid award to the contractor. ~. The CITY shall prov~ie a written request to the CRA for approval of any change Order that will resul# in an increase in the funding to be provided by the CRA. The GITY sha11 submit the written request to the CRA prior to the exec~on of any work covered by the change order. Failure to attain the CRA's approval of the funding #or 1~r r '' fi, The CITY shall insure that ail publicity, public rela~orzs, advertisernertts ar'td signs recognize the CRA for the support of all activities conducted with the fonds provided by the CRA, The use of the CRA logo is pemtissible, bt~t all signs used to publicize GRA cantrac#ed activities must be .approved by the CRA Executive Director or her des9gnee prior to being pasted. t3pon request by the CRA, CITY shall provide proof of the use of the CRA inga as required by this paragraph for projects funded pursuant to this Agreement. 7. This iMerlacal Agreement .shall be tailed pursuant to the requirements of Sedan 163.0#{11) of the Florida Stafutes. ~. No prior ar preser-t agreements or representations with regard to any subject matter corstained within this Agreement shall be binding on arty party unless included expressly in this Agreement. Any rnc~dficatiart to this Agreemar~t shelf be in writing and executed by the parties. 0. The validity of any portion, article, paragraph, provision, clause, or any pprtiort ttterieof of this Agreement shad have na farce and effect upon the validity of any other part of padian heraa#. 14. Th[s Agreernertt shat! be governed by and in arcardance with the Laws of Fi'or'~1a. The venue for any action arising from this Agreement shall be in Pa[m tieaclt County, Florida. ~ 1. Neither the CITY nor the CRA shall assign or trar#sfer any righ'~ or interest in this Agreement. 12. This Agreement shall rat be valid until signed by the Mayan and the City C[erl~. 3 { +' HTBTT A .~' .N ~. ..5 A West Atiatttic Avenue Beautification edians $ 10,U00.DQ B Gatewa Feature Puhfic Art Pra'ect ~ 4~l9.8pD,DD C Cultural l.oo lMLiC dr. Drnre Beaut'~rcation $ 7~0,4QO.DD D Blocks 79 ~ 20 Aloe ~ ~5D,ODa.Oo E 511414 Avenue Beautifiica~an ~ 2D,OOD.OD F NVV i2 Avenue Beau#ifcation $ 200,ODD.00 G SW 2r~d Ave1W Atlantic Ave 5l nallzatlorr ~$ ~~,OOO.DD H US'i & Dixie Connector Street ~ 1~0,04U.QD I 5411 'l2 Aven+~e BeautlDCatian Desi n $ 'l50 (1'DU.OD J SEINE i Street One-W Pair Conversion 200,Op0.00 K 54112 Street Beautii`icatiara $ 2aQ ODQ,i}0 L Munrri Coda e S ad ll~luseerm Com iex $ 250 OOD.00 M Bus S~{tars $ i50,OD0.OD N Downtovm Parks ~ 5g0,DgD.U~I C} SEINE & B Avenues SUS i carrfdor) - ©esign $ 10D,OOO.OD AMENDMENT NUMBER GNE TQ THE INTERLQCAL AGI:tEEMENT BETWEEN THE CITY OF DELRAY EEACH AND THE DELRAY BEACH CQMMUNITY REDEVELOPMENT AGENCY.. F(~R FUNDING CONSTRUCTIDNtPROFESSIQNALSERVICES FY 2D09 - 2tt"II1 THIS AMENDMENT Ni.IMBER ONE Tp THE INY'ERLQCAL AGREEMENT FC3R FUNDING OF CQNSTRUCTIONtPRGFESSIE~NAL SERVICES ~"AMENDMENT") is made this day of ~, 201 a, by and between the CITY OF DELRAY EEACH, a Florida municipal corporation,. (hereinafter referred to as "CITY"), and the DELRAY BEACH CQMNIUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 1fi3, Florida Statutes (hereinafter referred to as the "CRA"~. VIIITNESSETH: WHEREAS, the -CITY and the CRA entered into an Interlocal Agreement ft~r the Funding of ConstructivnlProfessional Services on September 3g, 2g03 (the "Drigina.l Agreement"); and WHEREAS, in addition to the projects identified in the Original Agreement, the CITY and the CRA desire to increase the funding for the expansion of the design of the SW 12th Avenue beautycation project, to extend south to Aubum Avenue and SV-t 14~' Avenue, and include the streets adjacent to the property owned by the Delray Beach Housing Authorifjr {SV1! 12~' Ave., Slltt 13t~' Ave. & SW Sth St.); to reduce funding for the Downtown Paf(GS, tQ reduce funding far SW 2"d Street Beautycation, to reduce funding for S1~ 2na Aver~uetW. Atlantic Avenue signalixation, to provide funding for SE 2"`~ Avenue Sidewalk Improvements, and to provide funding for drivewaylsidewalks modifications associated with the West Atlantic Avenue beautification project, as contained in the list of projects, which is attached as Exhibit °A" #o the t~riginal Agreement. ATTEST: DELi~AY BEACH COMMUNITY REDE1lELOPMENT AGEPICY By: C7ia olonna, xecutive Director Howard ewis, Chair SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this fc.~~~ day of ',"`u /~ ~ 2Cl 1 [?, by r•~ ~ ~+-~ ~.. ~ c ~, c as Cl--~~, : z ~, ~--~ (name of officer or agent, tide of officer ar agent), of , ~c.`~. ./.~~.~c~r ~ ,'c' ~~ (name of carpcaratian acknowledging), a ~~~r~-~ ~~-_ _ (state or place of incorporation) corporation, an behalf of the carporatian. HelShe is ersanall . kn wn to me or has produced _ ~, .. ~t~pe cif identification) as identification. ~Y , iinaa Notary P is -State of F#arida _ P~Ec - sem ~ Ftorlrta •~ lYF~ Comm. E~pir~ Sun 22.2D18 =:~~!} Cosnmgsion ~ {}D 6$47(14 °ri/~ ii ~' ~l1FGtlgh NilI~t811~Ct8fy ~33i1. Page 1 of 1 ~ ~ To FROM: MEMORANDUM Mayor and City Commissioners Catherine M. Kozol, Police Legal Advisor/Asst. City Attorney THROUGH: Police DATE: June 30, 2010 SUBJECT: AGENDA ITEM 8.U. -REGULAR COMMISSION MEETING OF JULY 6, 2010 INTERLOCAL AGREEMENT: CITY OF BOCA RATONI CITY OF DELRAY BEACHICITY OF BOYNTON BEACH ITEM BEFORE COMMISSION This is an Interlocal Agreement between The City of Boca Raton, The City of Delray Beach and The City of Boynton Beach. BACKGROUND This Agreement will allow the parties to pre-screen their DNA saanrzple evidence in a shared Biology Processing Lab. The Biology Processing Lab will not only increase the efficiency and effectiveness of pre-screening DNA sample evidence, but the evidence screened in this lab will be given priority by the Sheriff s Forensic Biology Unit for analyzing DNA samples for use in investigations and trials. The first year cost to us will be $59,360. The agreement is for five years, but may be terminated upon 180 days notice any time after the first two years. We believe that this lab will greatly increase our ability to solve criminal cases as it will increase our ability to effectively use touch DNA. FUNDING SOURCE Police Department. RECOMMENDATION The Police Department recommends approval. http://miweb001/CouncilAgenda/Bluesheet.asp~`?ItemID=3459&MeetingID=263 7/2/2010 INTER-LOCAL AGREEMENT THIS AGREEMENT, made and entered into the date provided hereafter by and between the City of Bvca Raton, Florida, a municipal corporation organized and existing under the laws of the State of Florida {hereinafter "BOCA RATON"), the City of Delray Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida {hereinafter "DELRAY BEACH"), and the City of Boynton Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida {hereinafter "BOYNTON BEACH"), and collectively referred to as the "Parties". WITNESSETH: WHEREAS, the Parties to this agreement are authorized pursuant to the Florida Interlocal Cooperation Act of 7969 as set forth in Section 163.01, et seq., Florida Statutes (hereinafter the "Act") to make efficient use of their respective powers, resources, authority and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby provide the facilities and efforts identified herein in the manner that will best utilize existing resources, powers and authority available to each of them; and WHEREAS, it is the purpose of the Act to provide a means by which BOCA RATON, DELRAY BEACH and BOYNTON BEACH may exercise their respective powers, privileges and authority which they may separately, but which pursuant to this In#erlocal Agreement and the Act they may exercise collectively; and WHEREAS, BOCA RATON has entered into an Interloca! Agreement with the Sheriffs Office of Palm Beach County ("PBSO") relating to the construction and operation of a Biology Processing Laboratory ("BPL") #o be located at fi500 Congress Avenue in Boca Raton, Florida; and WHEREAS, the BPL will provide certain services related to prescreening of DNA sample evidence; and WHEREAS, pursuant to the Interlocal Agreement with PESO, alt DNA sample evidence prescreened in the BPL will be given certain priority by the PESO Forensic Biology Unit ("1=BU") in the event DNA analysis is warranted, WHEREAS, the Parties desire to pre-screen their respective DNA sample evidence in the BPL in that the Parties determined that such common use will better utilize municipal personnel and capital resources, increase the efficiency and effectiveness of prescreening DNA sample evidence, and provide for shared costs of persanneUoperating expenses; and WHEREAS, the Parties desire #o enter into this Agreement to establish basic parameters for the implementation, operation, and maintenance and future attached hereto as Attachment "A". Section 4. IMPLEMENTATION OF BPL 4.9. BOCA BATON has entered into an interlocal agreement with PBSO relating to the construction and operation of the BPL, under which PBSO shall apply for a grant from the United States Department of Justice, National Institute of Justice {"NIJ"}, and under which BOCA BATON shall be the sub-grantee of PESO. 4.2. In the event the agreement between BOCA BATON and PBSO is terminated or in the event the BPL is not constn,cted, this Interlocal Agreement shall immediately terminate and BOCA BATON shall have no further obligation to DELRAY BEACH or BOYNTON BEACH. 4.3. DELRAY BEACH and BOYNTON BEACH agree and understand that this agreement is non-exclusive, and that BOCA BATON may enter into additional agreements or amend this Interlocal Agreement to allow other governmental agencies to utilize the BPL. In the event BOLA BATON contracts with other governmental agencies, there shall be a corresponding and proportional decrease in the amount of the user fee and casts provided by DELRAY BEACH and BOYNTON BEACH, as set out in paragraph 5.5 of #his Agreement. Section 5. BPL CENTER FOR OPERATIONS 5.1. The BPL shall be located at 6500 Congress Avenue, Boca Raton, Florida in the City of Boca Raton 6500 Building. 5.2. The Parties agree that the BPL operation, equipment, personnel and records will be maintained at the BPL. 5.3. DELRAY BEACH and BOYNTON BEACH agree to annually appropriate and pay to BOCA BATON a fee, in an amount equal to a proportional share of the cos#s to operate the BPL, as set forth in Section 5.4 of this Agreement. DELRAY BEACH and BOYNTON BEACH agree to make an annual payment to BOCA BATON for each of their proportional share of the fee within fi0 days of receipt of BOCA RATON's invoice showing the proportional share due, as detailed, 5.4. The fee shall be determined by BOCA BATON, in its sole discretion, through an annual calculation of the personnel costs, the cost of equipment and supplies, the cost of maintenance, the cost of utilities, and any other cost which is reasonably related to the operation of the BPL. 3 7.7 BOCA BATON shall be responsible for maintaining records of DNA sample evidence submitted by DELRAY BEACH and BOYNTON BEACH for the purpose of prescreening analysis in accordance with the PESO Forensic Biology Laboratory standards. Section 8. DURATION AND TERMINATION 8.1. This Interlocal Agreement shall become effective upon-being executed on behalf of each party and filed with the City Clerks of BOCA BATON, DELRAY BEACH and BOYNTON BEACH. This lnteriocal Agreement shall remain in effect for €ive years and may be extended for additional five year terms upon written approval of the Parties. 8.2. DELRAY BEACH and BOYNTON BEACH agree that they shall not have any right to terminate this Inter[ocal Agreement and shalt not terminate this Agreement for the period of two (2) years beginning from the date on which the BPL begins prescreening evidence. Thereafter, any party may terminate its participation in this Interiocal Agreement for any reason upon one hundred eighty (180 days written notice to the other Parties. Upon termination, the terminating Party shad have no rights or privileges under this Agreement. $.3. In the event BOCA BATON should terminate operation of the BPL, BOCA BATON shall refund to DELRAY BEACH and BOYNTON BEACH the portion of their paid annual fees, on a prorated basis, that were for the time period between the date on which the BPL ceases operations and the end of the annual period for which the fees were paid. Section 9. DISPUTE RESOLUTION 9.1 Any dispute as to the terms of this Interlocal Agreement shall be resolved, pursuant to the dispute resolution process contained in Florida Statute, Section 163. 9.2 This Agreement shall be gavemed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. 9.3 By entering into this Agreement, the parties expressly waive any right either party may have to a trial by fury of any claim related to this Agreement. Section 11. LIABILITIES AND INDEMNITY 11.7. Each PARTY to this Agreement shall be liable for its own actions and negligence and, to the extent permitted by law, BOCA BATON shall be responsible to DELRAY BEACH and BOYNTON BEACH for any actions, Attest: City Clerk Approved as to Form and Legal Sufficiency: BY= City Attamey Date: By: Name: Susan Whelchel Title: Mayor ATTEST: CITY OF DELRAY BEACH By: By: Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attomey ATTEST: CITY OF BOYNTON BEACH By: By: Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney 7 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Police Legal Advisor/Asst. City Attorney THROUGH: Police DATE: June 30, 2010 SUBJECT: AGENDA ITEM 8.V. -REGULAR COMMISSION MEETING OF JULY 6, 2010 AGREEMENTICOMMAND SECURITY CORPORATION ITEM BEFORE COMMISSION This is an Agreement between Command Security Corporation and The City of Delray Beach BACKGROUND This is an Agreement in which Command Security will provide complete administration fox all the non- City sponsored Police off-duty details and receive a portion of the payment for the details from the outside vendors. Command Security will also schedule and staff all City sponsored events but will not receive any remuneration for this service. FUNDING SOURCE The Contractor will take a specified amount per hour per paragraph "G" of the attached agreement from payment by outside clients. RECOMMENDATION The Police Department recommends approval. http://miweh001/CouncilAgenda/Bluesheet.aspx?ItemID=3443&MeetingID=263 7121201 D AGREEMENT This Agreement dated this day of July, 20'10, by and between The CITY OF DELRAY BEACH, a municipal corporation in the State of Florida hereinafter referred to as the "City" and COMMAN© SECURITY CORPORATION, hereinafter referred to as the "Contractor", a New York Corporation with an office at 1 '[ 33 Route 55, Suite ^, Lagrangeville, New York 12540. This Agreement is governed by Florida law. WITNESSETH; WHEREAS the Contractor has proposed to the City that Contractor manage the administration of Off-Duty Police Work for the City`s Police Department; and WHEREAS the City has need for these services; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: The scope of work to be performed by the Contractor will be as follows: 1. Contractor will provide complete administration of all Non-City Sponsored Off Duty Police Details, including requests for service, scheduling work, managing details, completing weekly and monthly reports and confirming completion ofi the detail. Cantractar will also schedule and staff all City Sponsored Events. Contractor will only receive remuneration for non-City sponsored events. a. Approval by the City of another entity's request for security does not constitute a City sponsored event, .unless the City declares the event as a City Sponsored Event and the security is paid for by the City. 2: Cantractar will provide the administrative personnel. that will handle the administration of the off-duty details. The administrative personnel will provide the complete administration for the off-duty detail. This administration includes but is not limited to, handling all requests for service, scheduling all details, confirmation, completion of detail, collecting payment from clients, providing payment to officers, and completing payment paperwork and weekly and monthly reports. 3. Contractor will invoice clients, administer payment to officer for receivables, and process all approved client invoices in Contractor's name. 4. Contractor will provide management reports specifying hours worked by location, client and officer. 'I signature. All submissions by the officers will be signed by the officer and the client. Contractor will secure advanced payment authorization from the client if an on-site representative will not be available to sign the officer's invoice, verifying hours worked and job completion. The officer will then assign the receivable to Command Security Corporation. Every Monday the information will be "closed off' for the prior week's work; submissions not completed by that time will not be processed. Comple#ion will mean the work verification signed by the officer and the user with an acknowledgment of the assignment of the receivable. The Contractor will process payment for eligible request for that period; payment will be provided on the Friday after for the work ending the prior Sunday. The Contractor will prepare reports from the computer transferred information. Only completely verified and signed-off invoices will be purchased. D. BILLING Based on information entered into the computer andlor faxed to the Contractor, the Contractor will prepare in is standard format, all weekly invoices and mail them directly to the customers. E. REPORTS The Contractor will provide the following reports to the City each week for the previous week: 1. Invoice Register; 2. Payment Register; 3. Accounts Receivable Aging Report; 4. Cash Application Report; 5. Copies of invoices sent to customers; 6. A record of all work performed in the prior week by officer, location and Client. F. HOLD HARMLESS Contractor shall indemnify and hold the City harmless for all errors or omissions of Contractor in the performance of Contractor's duties provided under this Agreement, and shall pay all costs, claims of any kind, including City costs and afitorney's fees at trial or appellate levels. G. CHARGES AND PAYMENTS For the management, services, receivable financing- and for police officers' service each week, the Contractor will charge the client a rate of $33.20 per hour for non-premium details and $49.79 per hour for premium details. Premium details are defined as those details scheduled and completed with less than 10 business days notice. Premium details also include any days listed in Exhibit A 3 During the term of this Agreement, the City wi#I not use any other entity to perform special duty officer scheduling, payroll or billing services outside this Agreement provided the Contractor is not in default of this Agreement. In addition to other provisions, this Agreement can be ended if either City or Contractor is unable to maintain or renew any permit or license necessary to do business. It is understood that Contractor is not City's employee nor the employer of any of City's personnel. If any part of this Agreement proves to be invalid, all the rest of the Agreement shall remain in effect. This is the entire Agreement and there are na representations or promises that are not included herein. J, REVIEW. The Contractor will permit the City to review, at any time, all work performed under the terms of this Agreement at any stage of the work. K. BOOKS AND RECORDS. The Contractor will maintain or cause to be maintained all records, books or other documents relative to charges, including charges for extra work, alleged breaches of Agreement, settlement pf claims, or any other matter involving the Contactar's demand far compensation by the City far a period of not less than three years from the date of the final payment for work performed under this Agreement. Contractor will provide to the City these records upon request. L. DISPUTES Any controversy or claim arising under this Agreement wi#I be governed under Florida law with venue in Palm Beach County, Florida. M. This Agreement will be enforceable once executed by the parties. N, The parties do not intend to create any rights for any third parties not signatures to this Agreement. O. The City does not waive its sovereign immunity by entering into this Agreement. 5 EXHIBIT "A" PREMIUM DAYS • Thanksgiving Day • Thanksgiving Friday • Christmas Eve • Christmas Day • New Year's Eve Day • New Year's Day • Dr. Martin Luther King Jr's Day • Presidents' Day • Saint Patrick's Day Parade • Easter Sunday Memorial Day • Independence Day • Labor Day • Super Bowl Sunday 7 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 30, 2010 SUBJECT: AGENDA ITEM 8. W. -REGULAR COMMISSION MEETING OF JULY 6, 2010 SPECIAL EVENT REQUESTI SPADY LIVING HERITAGE DAY ITEM BEFORE COMMISSION City Commission is requested to endorse the 5th Annual Spady Heritage Day to be held on August 21, 2010 from noon to 10:00 p.m.; to grant a temporary use permit per LDR's Section 2.4.6{F} for the closure of NW 5th Avenue from Atlantic Avenue to NW 1St Street and SW St}' Avenue from Atlantic Avenue to S W 1St Street; to authorize staff support for security, clean up, barricading; to authorize City generator use and set up and use of the large mobile stage; and to approve event signage and banners. BACKGROUND Attached are an event permit, site plan, budget and certificate of insurance received from Ms. Daisy Fulton for this event. Staff support has been requested for security, clean up, City generator use, barricading, stage use and signage. Fire support is needed for tent inspection only. The event sponsor will be responsible for event management, vendor approval and entertainment. Total estimated overtime costs for this event are $2,880; stage rental cost is $532.50, signage costs at $250 and trash boxes at $35, for a total cost of $3,447.50. Per Event Policies and Procedures, the charge fox overtime and signage would be approximately $410, stage rental $532.50 and trash boxes $35 for a total estimated cost of $1,97'7.54. RECOMMENDATION Staff recommends approval of the event, the temporary use permit for the closure of NW and SW 5th Avenues as requested, staff support for security, clean up, City generator use, barricading, stage use and event signage; contingent on the receipt of a Certificate of Liability Insurance and Hold Harmless Agreement ten {10) days prior to the event and receipt of letters authorizing use of private properly. http://miweb001/CouncilAgendaBluesheet.aspx?ItemID=3442&MeetinglD=263 7/2/2010 Event NamefTitle: Spady Living Heritage Festival Event Dates}: Sa#urday, August 2'1, 24"IQ Times:'12:OQ pm-'t0.g0 pm Event SponsorlProducer: Spady Cultural Heritage Museum Event Contac#IGoordinatar: Charlene Jones or Daisy Fulton Name. Charlene Jones Address: 'l70 N.W. 5~h Avenue, Delray Beach, FL 33444 Telephone Number: 5fi'1.279.8$83 Cellular Number: S67.TQ2.53Q0 E-mail Address: cflones~spadymuseum.org Event Description/Purpose: The Spady Living Weritage Festival provides an oppor#unlty for everyone to experience the diversity of Florida's African American community. Brief History of Event (lf applicable): The first Spady Liv[ng Heritage Festival was held on tie grounds of the Spady Museum and aver 4,©Oq visitors attended.l#~s appeal to the general public was so great we are continuing it as an annual event. Planned Activities ~Qutline of activitieslnumber of activities, i.e, entertainment, children's rides, games, other programs}: lids Corner: PB Zo©, Pony Rides, Bounce House, Storytelling, Face Painting Live Performances: local artists and South Florida non-profit and community organizations. Demonstrations: Cooking, art, crafts, etc, Vendors: Food and-gifts Number of Individuals Served Previous Year (if applicable): 8,Q4Q Describe the targeted population and expected attendance: Our target attendance is '1 q,QOq festival-goers. 74°l0 local 3Q°la visitors to Palm Beach County Page ~ of 5 Page 3 of 5 Serving or selling alcoholic beverages: yes no X (If yes, copy of license and alcohol liability insurance required two (2} weeks prier #a event} Event certificate of insurance attached: yes,X no (Required two ,r2) weeks prior to event naming the City as additional Insured, else required for venders} Playing of amplified music: (Waiver required} yes X no rio no no na na no no no na .............. Will there be entertainment: yes X {lf yes, attached list of Performers andlor DJ's) if yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes X Requesting Police assistance: {traffic controllsecurity) illlil! supplement with private security: (lf yes, need plan attached} Requesting Emergency Iifledicai assistarce: Requesting barricade assistance: {If no, how are you handling?) Requesting trash removallclean up assistance: {Wit! be billed to sponsor) yes X Yes X yes X yes X yes^X Requesting trash boxeslcontainers and Liners: yes_X Requesting stage use: ~~ yes X (lf e ~ arge stage {94' x SS' Small st '16' x 21' Half small stage (8' x 21') Requesting signage: ~ yes X na Type: 4'x4`1=Trent sign Parking Signs Banner hanging. _X Indicate dates required: August 1-August 2'1 (Waiver required if mare than one (~} week prier to event} Requesting City Portable Generator; yes ~ nom (lf yes, size & power) Food and beverage vendors: yes,~X no if yes, approximate number 30,,,,,_ (Health Department approve! required) yes_ __X~ na C:1Dacuments and Settingslfleefixoodlbesfctopl"remplSpsalat Event Permtt Appllcatfon FINAL FY09-10.doc Pa0e a of 5 Submittal Date Requirements: Minor Event 45 days prior to event Intermediate Even# 90 days prior to event Major Event 120 days prior to event Neighborhood Block Party 30 days prior to even# ~ / j Event GontractarfCoordlnator ~ L.~ Date jv/~~~//C~ Please print. Daisy Fulton Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1$~Avenue, Delray Beach, Florida 33444. Required with permit application. ~'or Sfaff Use Ot~l~ / / ...~ Date Received ~//~!J U Application fee received $ 9 Sad Livin Herita a Festival Zgtb List of Perfo ers f3l Smite~Winston Hill ~J Butch Harrison glvas Drinftwater Brik Afters, Cliff©rd German Gvspei Angels t.aPaloma Dancers Mllagro Stars Monica Herring. Sirlctl Buslrtess Spady Cultural Heritage Museum Spady Living Heritage Festival Pr©jected Budged 2010 .... .. . ... .income .. . Palm Beach County Cultural Council $15,109 Sponsors $2,000. Vendor Fees $1,500 Subtotal Income $18,699 In Kind $2,000 Total Income $20,699 Expenses Ren#als $3,856 Artists and pertarmers $'13,743 Supplies $300 I~lar~etinglAdvertising $800 Total $18,699 a ..~ ~. tnternat Revertue Servlc~: Department of the Treasury . P. 4. Box 25©8 _ - _- _ = :-- - Clnainnati, OI.1 45xt11 peke; March 19, Z(3U7 Persan to Ccntac#: ' ~ .fohn Kennedy IQ 31-ft7287 Customer Service Representative . . ;Tnl) Iuree Telephorre Number; ' S:CO a.lTl. t~ B;3Q'prn. SST :Expanding and Preserving our . 877 829-fi5[IE) :'~<::i~~l~ral :I~Ier~ta9e~..~f1~~.-;:..: ; _~::: -::-_- ~:;~:~ .: ~ .~ax.Numberc . . . : . . . f?Oi~~8ox:3A~:T :::: ...::::. .. :..' .:: - . - . 5'i ~-2t~~-3786 ~ ~ ~ ~ .. . . .~~'ederat:Idgntiflaa#tori Number: ~~ ~ :: ; ~.,•..; .. ~ f3a-g6t3T3r~3 ~ ~ . ~t~ept_~1ror~adafn y[s letter:t~:.~n~°resp~rtse:ta your request tor.a copy.o~ your ~rgani~~ti~n's. deterr~Inatlon latter. This tatter wlil _ -tale tha_place r~fthe capy.you-requested.. . ~ . . ~- -` - _-- ---~ ;-~:'~i ~ [gale#hat adeterminatior~ letter fssu~d .in i3ac~m~s~,.19~7. ~raniad your organization our reeayds n„__ . eXemptiar! fr~sni:f~der'~1 {ncome. tax urtde~section.~41{c)(6).of.~e internal izevanue Cade. That fetter is.stlll In .. '-Based on infnrmallpn subsequently.submitted, we classlfked. yac~r ergar~lzatiap a~_pne that is not a private faurrdatlon within the meaning of section .5A8(a) taf the Code:~ecause It.Is qrt organization described in sections 549(a}{1} and 'i'1Q(b){1)IA)(viJ. - This classfficatlon was based on the asaumptipn thaf your organization's operations would continue as stated in the applieatian. [f your organization`s saurces of strppart;,Pr~.its citar~cter, method 6f aperatlans~ or purpuses;have,changed, please let us icnaw so we ~rf consider fire effect of the change on the exempt status.and f'eyndetton status of your vrganlzatton. = Your. arganizatlort is 1?equlred to flle~ ~atm 99b. Return of C)rganlzation Exempt from Income Tax, only if its - ' gross, ~3pts e;3ch year. are, rlormatiy more than ~25,t3(l0. if a return is required, IE must be filed by the 1 bth - day ±~~.tltis ~itis. martth of#r~r;the ~r-d~af the organization's annual accaunting period. The Ia~w imppses a ~.: - ~ ~pe0alty.o~ ~~t);a::day; 4t#3.la.a ma3ciFiium of $'10,0(10, when a return is filed late, unless ttrere Is reasana e .. ;- - ~~1`i,[ :exempt .orgarizattr?ns {unless specifically excluded) are liable for taxes under ~e Irederal insurance Cortliibutiofs,I~cr~(soclai security taxes) on remuneration of ~1QU ar more paid to each employee during a caienda~.:year,~:Ypui~:organizatinn is not liable for the tax Imposed under the Federal lJnempioyment Tax Act ~:C3rgariizationa that are not private foundations are not subject to the excise taxes under Chapter 42 of the C~de.;,Nowever, lfte5e organizations are not autarnaticaily exempt From otherfederal excise taxes. .: Qonor$.may deduct cnr~iributions to your arganizatlon as provided in serztion 1l0 of the Coda. Bequests, ~;I~gacles, davis-qs, transfers, yr gifts to your organization or for its use ere dectuctil3le far federal estate artd ~~.'gif# tax ptir;ipse~ If they mast the applicable provisions of sactians 2055, 21UB. and ~~~~ of the Code. Page 1 of 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 30, 2010 SUBJECT: AGENDA ITEM 8 X -REGULAR COMMISSION MEETING OF J[ILY 6 2010 REVIEW OF APPEALABLE LAND DEVLOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actionswhich were taken by various Boards during the period of June 14, 2010 through July 2, 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 Planning and Zoning Board Meeting of June 21, 2010 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended approval with changes (6 to 0, Deborah Dowd absent), of a City initiated amendment to Appendix "A", "Definitions" of the Land Development Regulations to revise the definition of "Pharmacy" http://miweb001/CouncilAgendalBluesheet.aspx?IternID=3465&MeetinglD=263 7/2/2010 Page 3 of 3 of two waivers which will be forwarded to the City Commission: a. Waiver request to both the condition of approval and LDR Section 4.5.1(E)(6)(a), Relocation, to allow the relocation of a structure prior to the issuance of a building permit for the redevelopment plans. b. Waiver request io LDR Section 4.4.13(F}, Development Standards, to allow the subject structure to be relocated without meeting the applicable CBD Development Standards (height, front and side interior setbacks, and paving material surfaces}. No other appealable items were considered by the Historic Preservation Board. The following items which were considered by the Board will be forwarded to the City Commission for action: 5. Recommended approval (6 to 0), of the historic designation and individual listing on the Local Register of Historic Place for the Harvel House, to be relocated to 186 NW 5th Avenue. 6. Recommended approval to the Planning and Zoning Board (6 to 0}, of an amendment to the Land Development Regulations Article 4.3, "District Regulations, General Provisions", Section 4.3.3, "Special Requirements for Specific Uses", Subsection (Q}, "Guest Cottage", Subsection (Y), "Bed and Breakfast Inns", and Subsection (ZZZ}, "Transient Residential Use", to clarify and amend Bed and Breakfast Inn use requirements; Amending Article 4.4, "Base Zoning District", Section 4.4.3, "Single Paily Residential (R-1) Districts", Subsection (D}, "Conditional Uses and Structures Allowed"; Section 4.4.5, "Low Density Residential (RL) District", Subsection (D), "Conditional Uses and Structures Allowed"; and Section 4.4.6, "Medium Density Residential (RM) District", Subsection (D), "Conditional Uses and Structures Allowed", to add Bed and Breakfast Inn as a Conditional Use; Amending Section 4.4.13, "Central Business (CBD} District", Subsection (B}, "Principal Uses and Structures Permitted", and Subsection (D}, "Conditional Uses and Structures Allowed"; Section 4.4.17, "Residential Office (RO) District", Subsection (D}, "Conditional Uses and Structures Allowed"; and Section 4.4.24, "Old School Square Historic Arts District", Subsection (B}, "Principal Uses and Structures Permitted", to clarify Bed and Breakfast Inn uses; Amending Appendix "A", "Definitions", to enact revised definitions for "Bed and Breakfast Inn" and "Guest Cottage". RECOMMENDATION By motion, receive and file this report. Attachment: Location Map http:l/miweb001/CouncilAgendaBluesheet.aspx?ItemID=3465&MeetingID=263 7/2/2010 ~~- ~ ~~~ CITY COMMISSION MEETING - _ _ ,-,~,,,,17~, _ _ _ _ ~ ~~ ~, ~-~ ~ ~ ,,~~ JULY C; ?01~> ~ ,,,F~,,~~~ _ -~- ~~. s '~'~ ---~~ PL.A~INING AND ZONING ~' LOCATION MAP ~~ ~~ "t~~ ~- ~ E ~ €?EPAR~MEN7 L-30 CANAL '~~, 1..~~,_ ,J . i i .{ i„1 ~"7 ~~~ ~- U x ~ r., ~, _ ~ m h A7LAN77C 806 ~~~~ a C ~ ° m 4 LOWSON BOiILEVARD 4 h z ~ U 95 95 i i RoA x 1 A ~ L~~~~~J y Z U w L-38 CANAL c-i5 CANAL I! I I C•15 CANAL cuLF srR~A~w 4 ,~ ~ F- w ~ z ~~ ~ ~ c ti~A ~ ~ 1 f y 4 uJ i i L,~ I~ ~ ~ r ~ i 4~ A1A i Ca o Q ~ Q~ ~ ~V f `4~ 1 y'+ or x ~ v.~ 1 ~ f ~ ~ 'PRAB: 7. TAVERNA EROS 2. DR(VIl~1G CO(_lRSE -TAX GOLLECTOf~iDl~~fl~ RENOVA T(O(V HPB: 3. THE ANC,'-(OR.a (~E 4. THE HARVEY. HOUSE -- DJG/TAG BASE MAP SYSTEM -- MAP l2EF: 5:\Planning &Zoning\DBMS\File-Cab\CC-DOC\7-6-10 Page 1 of 2 MEMORANDUM TO: FROM: Mayor and City Commissioners Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 24, 2010 SUBJECT: AGENDA ITEM 8.Y.1 -REGULAR COMMISSION MEETING OF JULY 6, 2014 CONTRACT AWARDIBRA.NG CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a contract award in the amount of $79,9G0.00 to Brang Construction Incorporated for construction of phase II improvements to the fire apparatus repair bay facility. BACKGROUND Originally constructed in 2004, the fire apparatus facility allowed fleet maintenance to efficiently maintain not only Fire Department vehicles but also the City's large inventory of heavy equipment. Included in the 2004 design for the facility was a storage mezzanine, supervisors off ce and restroom facilities, which scope was considered necessary to continuing efforts to increase operational efficiency in Fleet Maintenance and Public Works. This scope was removed from the original project to allow construction of the primary facility within budgetary constraints, and designated as Phase II improvements which casts were budgeted in the current year capital program.. Completion of the second phase construction of this project will provide sorely needed supplemental storage space for Public Works and Fleet as well as required facilities for improving efficiency of administative functions. Brang Construction, the lowest responsive bidder with a proposal of $79,960, has successfully completed several projects for the City and has each time demonstrated their capability and superior quality of work. Brang Construction will provide all labor, equipment and materials to construct a new office space, restroom and storage mezzanine within the existing structure. The bid tabulation and location map are attached hereto for your reference. FUNDING SOURCE http://miweb001/CouncilAgendalBluesheet.aspx?ItemID=3428&MeetinglD=263 7/2/2010 D ~ e W ~ c p ~ ~, --I CJ O z Gi ~- 4 -i ~ ~ ~ ~ ~ ~ ~ 2 z O ' ro ~ ~ ~I ~ m ~ ~ ~ C ~ ~ ~ ~ ~ ~ N ~ . ~ ~ -~ ~ ~ Q -C ~ ~ ~ w ~ i ~ D ~ ~ a ~ ~ ~ "~ _ ~ t' i ~ ~ ~ ~ ~ ~ 4 ~ ~ ~ ~ ~ ~ ~ f1 ~ ca 4 ~ u, D EC) ~ ~~ m ~ ~ ~ ~' ~ ~ ~ ~ ~~ ~~ ~ ~~ o ~ ~ Q ~m ~ .,~tA - N ~ ~ n rr N -x Q ~ ~ ~ N ~ ~ ~ D , O "'s' C N G 4 <P ~ A t~ ~ ~ ~' ~ m ~_ ~ f~r~€ ~ (~[I ~ m ~ ~ ~ ~ ~~ ~ ~ ~ Q. .n ~ t~ D ~ ~ r~~i-, ~ . ~ ~ ~ ~ --1 ~ ~ ~ N O ~ ~ ~ ~ ~ ~~ ~ a m Q.o,~ o ~ ~ m. ~ o ~ ~ N Z d 3 O 4 „~ Q N ~ ~ ~ c H ~° o `D_ a, -- M A }tr c~T ~~ f'+• Page 1 of 2 MEMORANDUM TO FROM: Mayor and City Commissioners Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 25, 2010 SUBJECT: AGENDA ITEM 8.Y.2 -REGULAR COMMISSION MEETING Off' JULY 6, 2010 CONTRACT AWARDBRANG CONSTRUCTION, INC./HEALTH & WELLNESS ,CENTER ITEM BEFORE COMMISSION Staff requests Commission approval of a contract with Brang Construction, Inc., in the amount of $9,488.79 for completion of required modfcations to the X-ray rooxxz in the City`s Health & Wellness Center BACKGROUND Upon approval by Commission of the lease of space at 525 N.E 3rd Avenue for the City's Health & Wellness Center, the Human Resources Department, working with Crowne Consulting Group solicited quotes through the Purchasing Department for contractors to perform the necessary interiox renovation work in preparation for occupation of the facility. The scope of the contracor's work included required modifications to the x-ray room involving installation of lead lined dry wall, lead lined door and frame, new VCT flooring and a lead lined interior wall with viewing window. Okhex interior work including electrical modifcations and painting of the entire suite were accomplished by City staff in order to minimize the costs of the renovation project. Quotes were received in early April with two prequalified contractors responding; Hatcher Construction and Brang Construction with proposals of $12,595 and $18,550 respectively. The project was awarded to Hatcher Construction as the lowest responsive bidder and authorized by the City Manager as an expense under $15,000. As the renovation construction neared completion with the installation of the lead lined door, it became clear that the door installation was not properly accomplished. Subsequent to that work, bracing failure was evident from cracking of the drywall on both sides of the frame. There was also separation of the mitered corner joints of the steel frame. After two unsuccessfiil attempts by the contractor to rectify the problem, they were dismissed and Environmental Services was requested to explore options for completing the work. Being beyond the capabilities of in house staff, we solicited a quote from the second respondent to the original quote request, Brang Construction, and received a time and materials http:/Imiweb001/CouncilAgenda/Bluesheet.aspx?ItemlD=3429&MeetinglD=263 7/2/2010 ~` ~~, ~'' ~#~~t ~1.V~ ~ Ci3J;~R ~: i F-+Y:'f4lGf^t if ~.~~. ray ~~ t 1 ~~a~~ ~~~ ~~ ~~ 3~:, i~ineapple ~r~va Priifes~io~al ~~:nter pity c~f`C~elray ~~~h ~~ica! ~er~~~r Phase dote.; er ire scr~ne ~f tE~~ ar~s~vrs that 1 have s~ far.; I a ~r~rli~ ~n the b~fi~ne~ ofi tl~e ~~testior~s with the red ~~te~Is~~' at~d will ~Dr~ra~^ as ~a~~ as ~-ossihle. F~av~ a great i~eelcen~> Patsy i~l~~fai, P~ir~~ia.~i~ ~5~~.} ~4~-~~6~. L~~estlt~ri< ~'he ?~-ray rna~hir~e is ~~38 ~ralt~> Pl~~se.prov.ide the ~rnp~.~ae fc~r this ~niC, :~nsv~~€>:` 1'ize ~~ray t~a~hd~e.~s.~t~~ ~rc~~ts.. ~i~t:Is..~~. sale p~~se fir °°il~e.iaeneratar ate-i~ ~~k~~ ser~~e<'T'here is also ~ need ~~r ~~.~v~l~ serv3~e ~~r ~~~ Tak~le ~uestier. ire airy er~r~~uit ~iee~es recruited far ire v~iEtag~ ~a~itr~i? (~} ~~s,. ~s~dt~~t is r~c~x~ir~»d ~~i~rr~~~~ ~h~ iri~r~rrri~ti~~ serif eari't he i~rr~c~: ~a~t vir~uid rears tl~~ ~-ray e~~i~rrrsr~t~t ~i~uld r~~~d a 7CrQ t~ service; l f yra~ r~vc~lc! lil~~ rr~e try a~eaic ~o y~i~r ~-ray sp~(i~r 1 suoul~ be gia t~. _- Pi~~s~'advi~e, ~5 ~~i~ti~ f~+~rr~ ~~1i~ ~1 ~a~i~t~et tie le~tr~c~~ c~~r~ly~ ~.u~stiarr-~ w~IC new-gall go X11 fl~~ may tip ~r~ ~r~sse~ or sty at drab ceiling; ~rrsri'. ~,~~a~`inrails. irr ti~'c~ doh ~at~ ~t~s~i.~~ ~e dr~x~r :yelling; ~.~estica~: wili the: exis~:ln~ fi~~ring'rerrrairi~ ,~nsu~ers l.beii~ue ~he.te is e~rpetlrig ~~ thEs CO~~fi and rt.v~~r~ld ~i~ ~n~ad to hive this rer~~ved a~~ stew ~l:i~s c~tr~p~ete~ try rr~~tch the ~~rrr•~r~t e~ar~ rah s~~ap. t~rrresti~r~. uriii there ha ~~ ~rotecti~ir~ needed far the. ~eili~g ~i~s ris~ir~ir. ~ lir~tectl~ir~ tiles ~re`requlred. ~~r~stin.n: vvli ex~tirrg win~lr~~v on exte~ic~r v~~ll regs~r~ ar~y pr~atec:tc~n ~rrsir~~rr°f"l~is pan be ie ire lalac~ end dies r~r~t rer~uire ~riy dr~i~g alii~. S[agge~~t~iii.~. be ~ilaci~-~aut [sin a fil€~. -lay 1~~t~ Llgl~iting; Ques~ir~: ire ~ t~ tr~lce riavisic~r~~ t~ ~iravt~le ~ lead laa~rier ~a~hiriti ~~i~ acist:ir~g r~c~~~ac~~s ar~cl. sv~it~kses on tl~e ~a!!~ ~~i ~ lined ~lt:la t#~e i~~d d€~ywall ~~ns~xrer. Lead t~valts r~ c~~r~r leis ~re~ since v~re veil! nab gee r+~cept~cl~* ire ~l~e rn~i~o rt~t~rn ~t~~~ai~i~; lie ~t~-~~ fir, C~ues~t~~. Pl~~se provide a faint s~ti~i~~t~i~ fir w~!ls~~~~rs/eye. ~Anser. t~rat Vii! Ices ~!€~ ~,~lty ~v~€~!~ need tea laicic c~c~t ~l~~ ~~lc~r: C2Lt~?~tic}C~: ~lC~ ~~i~ I~~Ct'~~-~£~ ~iE t'~[73~Ut~ ~i,~. ~XES'~iY1~ l~i~L3Cl ~1"~Yil~~ j~~55~'~l~I"~Ll~li ~~7~lTl~~t'~D~3, ~t31~i~~~1'~13~} .Mass ufr~dv+r~~ ~~ be ite~~ ~ s€te ~r dlsp~~d c '~~€~ver< ~'~is ~s ~ L~t~r,~ qu~stin~i. .~!!l ,~t ~ns~v~r ~~r base ~~c~e~~cn ~1~;r~~t~71"~: T11~ 3It#~1~~{ IS ~~ ~3GCUC ~:~£~~~ ~tf ~~~~~ CiCl.ttJT1~ .~~ a.fi.tS~ DV~f ~ WE~"!ES ~C€~i71 1~itl~~ ~rapo~~l's are d~~e. !s ~l~is e~~~~gl~ ~F a 'lead Arne ~~ procure alt ~n~trtats ~i9~. lead da~rwall, drror,.~srind~v~, treat'€€{!}? ~l~~t~~t~rs ~s, ~~ ~~~ui~ tie ~l~l~: ~~ ~ecur~ ~!! ~ea~i~ls cl~r tt~ ll~~y ~~". PtwS~ !~~`Y'; After tl~ inre~rlc l~~~ ~~ert Wised nth ~C3 ~ ~~rt issu~~l ~~r~t~~rejrcxr~~ ~rttl ~~ed v~ei?ic~ fc~e'tr~li~in grid cftr~i ~~~. ~~trr~.:llt~ll) the l~~rlldii~g be ~p~~ ~~~' ricsrri~al c~perat3~r~s v,~l~ile c~~r ~~rlcls t~klr~ piac~? tt=sa d~ vie geed try pl~r~ ors ~p~ciaE ~~rl~ h~rsrs {r~igl~ts, ~ueeknrls~ sure Tl~e faclll~ i~!(! ~ ~i~e t~ Qr~ !rs ~r~ ~ ~rn tcs prr~ ~' days b~gir~riar~g lvl~~ ~.~ ~~SL1C~~. ~l!! a err~tlt Eye required fc~r tl~iis_kri~rlc~? er; Yep - !f so, ti; tine ~G rasp~~sible it~r ar~y end ati p~rrnlt fe~s~ ~r~ser:.t~a.,....~~at ~C ~s .r~spc~.ri~ik~i~ fr~r appl~rl~g ~nr tie #~~rr~it ~~~~ April 2, 2014 City of Delray Beach Purchasing Department 100 NW 1~ Avenue Delray $aaeh, FL 3 X444 Att~n:Patsy Nadal Ite: Pineapple Grove Professional Canter City of Delray Beach Medical Center Bear Mrs. Nadal. We are sincerely grateful far the opportrtnity to hid on this project for yo~x. This proposal is for the work to he performed at the Pineapple C#rov$'Professional Center far the City of Delray Beach 1Vledical Center X--Ray room build-out. ~e propose to provide all labor, material, and. services, as described below, necessary for the cottversion of the of~itce tQ x ray room at the Pineapple Cn~'ove I'rofessinr~ai Ce~zter. Included m thts~ proposal: ' • Permit pracurexc~ent {permit fees paid by ow.aer) . « Project management for the full duration of the project. . « Ternpnrary floor protection. in lobby & hallway to protect the floor finishes that are to• remains while work is occurring. ~ ~ ' « • Selective demolition incluriing ~~ existing entry dear, the granite pass through countertop aril glass, the existing carpet, ~4c the existing drywall on the south, north, & east wall up to 8'-0".All debris will he properly disposed of as part of this proposal, . • Light gauge nxetal framing of new wall, per~sketah to underside of ez~isriAg acoustical Geili~:g file & grid. • l;urr~isk~ & Install one 3'-0"xb'-S"xl 314" lead lined bitch door with lead lined hollow metal fran~.e, GAAtiilitou5 hinge, & privacy hardware pxnwided by A-Fabco TnG. « Furnish & Install. one 18"x1$"xgmrn grass & lead lined hollow metal frame provided by P~-Pabca Ta~c. • Lead pratectiax~ behind the existiing receptacles & swifiehes on fire south, North, east, and new walls. • Furnish & install 111b" lead embossed drywall (lead protection up to 7'-0" in an 8'-0" sheet} & finish . drywall to a smootl-, paint ready finish. • Gut existing acoustical ceiling tiles to seat tightly to newly constructed wail. ' • Skim coat floor & stall a medium grade vinyl file & rubber base (GOlorlpattern to be selected from manufacturer's standard Golars).• • Paint all walls, door, & wimdow frame with asemi-glass latex paint {color tv lie selected by Ownerj. • Final clean trF/defray xrey propasallt 434th ©ak ~9rcle • Roca Ratan, Ftartda 33431 •5fi~f-368-3'18Q • fax fifi'I-3fi8-3185 ' wrw.brat~gcvnsfrtjction.com ~~ W ~ ~ ~ ~ ~ -i ~, .~a ~" ~ ~` 3 ~ f~ ~ .~. ~ ~ ~ ~ ~ -°~ ~ ~ ~ ~ ~ ~ ~ ~ ~. ~ ~ ~ ~ ~ ~° ~ ` ~ ~ ~ ~ w ~ ~ y i P ~ ~ ~ ~ ~ ~ ~" ~ ~ ~ ~ m ~ ~ ~ ~ yw, ~ ~ ~ ~ ~ ~ ~ ~ QD ~ !~9 ~a ~ 1#~ - ~ ~ ~ ~ reE a ci+ w r C7 ~ C~ ~ '~ ~ ~ ~ ~ o o °~ ~ ~ ~®IM . c~ ~ t'A , ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ --~ ~" ~ ~ ~ ~ e~ ~ ~ ~ ~. ~- ~ ~. ~ m i° u+ Q .a, ~, From: [<oeser. Bruce To: Nadal. Patsy Cc: Haska. Richard; Maitenvi. Victor; Schmitz. James; DinKins. Portia Subject: Problems With Hatcher Construction~Med Center Date: Friday, May 28, 2010 8:25:35 AM Patsy- Hatcher was not able to successfully hand the lead-lined door in the X-Ray Room, causing damage to the frame and adjacent drywall, carpeting, ceiling frame, etc.....we will need to deduct an amount to be specified from Hatcher's Invoice, as we have now had to call in an organization that can handle this work - Brang Construction. Bruce K ~ ® 1 ~ ~ ~ r ~' ~ c:~[L000lL1Z GfGY CCIILt ~ C 8 rune 1, 2010 City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 Attexition: Bob Diaz Re: X-Ray Ro©m completion & repairs Dear Bob: Brang Construction Incorporated will perform the work requested by the City of Delray Beach for the repairs and completion of the X-Ray roam facility in the Pineapple Grove Professional building. The work will be performed on a Time & Material basis providing all required labor, materials and equipment necessary. It appears that the cost of the scope of work described will be less than $10,000.00; therefore, we will charge a flat fee for overhead and profit of $2,400.00 for all work valued under $10,000.00. Any cost in excess of $10,000.00 will be billed an a cost plus basis of 10% overhead plus 10% profit. Brang Construction would request that payments be made within 15 calendar days of the date of the invoice. The scope of work must be directed, defined and managed by a City of Delray Beach project manager. Matt Wolf of Brang Caristruction will provide supervisory and project management for the work performed by Brang Construction. Very truly yours, BRANG CONSTRUCTION INCORPORATED ~' ~~'d James R. Fedele, AIA, LEED®AP, CGC042106 President 430® ®ak Circle ®Boca Raton, Florida 3343'i • 581-388-3180 • Fax 561-388-3'188 wwv~rbrangcons~ruct6on. com CB/City of Delray XRay Completion_docxli 05f25%2010 11:13 7724505285 ~~~! ~1"~W~I~, It~C 5910 $i#ver Oak Drive Fort Pierce, i-1a. X4982 " - ~~ ~ ~ "T-- Oifice: 772-~FSI?-6f 70 Fay 772-A~3-5256 Cell: 37K}-tl57$ BEAN DRYWALL,INC ~St~l~l~,'~~ {u~ay 27 2440 i'a: Braaq Construction, 4~c. 9300 Dak farcte Boca Ratan, F1.33433 Matt Wpff - P.~{. Contack~ : 561-36$-3180 Fax 56]-368-318$ Celt: 5G3 ^239^0724 » Matt inb q 'on #}eltay Beach x-liay R~epa[r fU ~SFiMAiE: 11ME ANO MA~kiRLS Amoura# E:st9mate is far hourly rate to re-f~rne as needed, h~rtg a~E d~ruralE as n:ed, and tirristt all dry~rall as needed ~ntal labor to lze ~t $34»00 der l3our TOTi~ FSfi~ATti? 1{lH t7!}ST .w~ ru wn c~cm~ww wary, rrv n wous~,. ups o~reyveer q /v7 eufylmrur~ mA'ao QB$L7ID6II dfMYP~ f!~ 0/J GYdiFlAY1371P_ ~l~Q8517at 91O~9 flfKe 117CIad585 O1d~/L06dIlUMGAF and materW/s x~lA~ n7uy6d raquoad s6uuld plsblfsws Miser Bean [lrywall, lnc ~~...~~~~ AR 27' Zp1Q Date PAGE 02!02 J~.i~~e 2~, 2C~ 1 [l ~y ca~~ett•ay Be~e~ ~~~>~nuth S~vin~onAvcriuo :T~etr"ay Beach, Floi~da 33444 ~fiti~: Boil D.i~~ :fie: ~~~:~y T~~+~m Camiple~ort ~ F~€~p~rs In~oi~~ #l_ :Attached Tease. find t~~ fnTlo~ing in~r~ice~ ~'©~ ~aynient: ........ ......:.: ...::.>.. ....,.. ,..,.., .,,,..: ,....:......:; x;208.79 Later invoice 1 ..............::............ ~utieont~a~tn~lrn~teitaU~~u~~~nent ~iivo~ce;#' I ::::.::......:...,.~..,:;:..::;,.~.~ :....::........:..::, ;.;.,..,......,:.$ 4,~8~.0 .,, .. ~4ND; fi~TAI; T~-UE:: ~~~TG C+C~NSTRUCT~()N Il~`COi~P()RAT~1~.... $ '~},4$S."l9 ~ei~y truly yours. BANG CC7NTRL7CT fJN II~1~OR~°OIZ;AT~l3 ~, - ,: ~- w ~~ _. 3arr~es. IR. Tedele~ ATA., LEEDS AP, CGC~42t06 President ~~(~~ yak ~r~le • Baca Rat©n, ~I~rid~ 3343`1 ~ v6`~~36-3't8'fl ~ fax ~6-36~31~~ ww~nr ~~~r~gr~an~fructor~.cam G.131X~a}~ I»voce,dacsll ~yll~~flf~il~. ~l(if% ~1~1~ D~ ~R~LT ~~~13 i ~.~17~//~~.1 ~7~:1~ ~`ttYL.y~~~~~~~ TIlYJ.~ l-~4.T ~b/~bri~ ~ Tireis Log.do~l'1 43041-flak G~ir~l~ ~ ~o~~ ~a~~n, Fiorida 3331 ~ ~6'i.368-3~;~0 ~ Fax ~~"~-36~-3'i8 v~-Mw. bran~consfnucflvn. co- ~r~,3~ ~~ ~~r~~° ~ bate ~ Purr~ase Total ~'iine; '. w ~...~ '1-r~ r"" ee•r"' # ,. ~[{o ~'..J[.as C.o.'r+E: w f '~ .et ti~ a. -! '+~:~.Ca~ .ti E~ Vi3*!I ~:,r mod- ~-' 1 t car tl, ~- ~ G~ %~ttoltr~ cd- cR~n~~` -~r'~t~ ~- sr-~-~~c~..s-~.- ~- ~`~......~ra ~ ~ s rte- C~~c~t~a ~.•-rrr.cs~.r ,: 6~~t~ct$a+~ for ~-rte.-. ~~.:..: ~~ ~ ~~ G~~'t~ a cti/Foritl-'I'1me Ltigll ~3~0 C3~k circle # Boca Batons Flo~rid~ 33~43'i ~ 5~1-~8~~"[~t~ ®FaDC 5~7-3~~-3`i8~ v~nr~ ~ar~~~c~risfructi~r~.~~rr~ `~l0.~.:I2~~.~. 15:25- 81.~5:7I1865 ~#-~ASG~t,Ifd~'. E'l~t~`t' Yf1{k7~ f~eei~t ~ ~fi J Chase P~y~ner~~~ch ~~Iu~~~~ P~g~ ~ ~~` ~. ~aa~~~aza~~s. ~~sco; tt~e 11~vD. US'W1NY' d''t`S` Ca1~SONTfJ~l,~~.: 3.334: ~9~•G77-879p ~~~~ - A]7~3T01t~C#: C~wd Typ~ American express, CaCd hl~rrtber ~X?(XX~UC)E3CXdC74~9 ~xpia~a#tgr~ Rafe. 3ix:X~IXX . t3ate p~lD~ 1~4~(~: . Tirar[~ ~ 6 ~~ ~2 -i~try ~urce Ma~tual CJ"~d~r'.Jp M14lf~36054~6 Aid#her~xati~r-;~ ~~~1~~3 Atnaur~k 45.1;4a ~~ .. ~~ , ~.. ustom~r ~~py ~~~s./ls~cuz~.payncni;~h;cornl~r~n~gerlv~~e~°~~~r~recp~i,jsp?~~ep~o~~~~~~~ ~GfQ1/1 p ~. Receipt ~ "~T ~ ~I~~se 1'aymen#eci~ ~ol~ti~ans a~~2o~.s~~aa A~~~;gco ir~c ~~ ~~n`us-~+vv~4~ ~~B~~~i-r~r~,~.. ~~~ s~~=~~~-~~~o ~~le - A~PrQV~~ Card: `'type A-t~ericat'~ :Exp~rass Gard. Nurrib~e ?UtXX~CX)CX?tXX7~1©9 ~xpiratian p~t~ XXXi}C ~~te: 'QB19B12Q9d. 'ilme 18:27:49 Entry. Source Manual. artier tD MM0350~4fi8` ;4ut#~orizatton ~# 28899:3 Amount '~~~~~'[ Custti~rsr GppY Paige ~ ~zf 1 hopsflsecu~~e,payrriez~fiec:cai~~ln~anage~Cut_~ipe~at vie®rd cze~ar recp:.~s~?re~To~~xoi~~G ~~/1~I10 ~3 pan D: rywa 1i, hl 5900 Silver Qai~ Drive Fo~~ Pierce, FL 3498 BEi1 Tq Ineortior~tcd T~.vc~xce Rafe Irivciice,~ 6119/Z ~ I 0 10 ~3 75.-2.28 Ship To and Z~?e(Ir-es tenter i`':t~.l~umber Terms. _ Rep: S#1p Via.. F.~B: Pr~jeci &I19126 [ ~' ~uanilty Item Goele ~escriptlan .Price Each Amo~ai~t C4. Biding. A.1Ean - ~'rahiing - 7ltaurs: 3t3OD: 1,~20.Q0 ~la}~tnn - ~t#1EIt 1t1~, - 7 ltQUrs Artitro Sr. - Framing and Hang,- 91ZOttr§ Arturo 5~', - ~ratr~ifig-`?ticl Haag - ~ hxturs: Oscar - Fit~isiri>?g - 26 hours. T3rari -Matcriai De.liYery iYc 5tipen+ision » G iiQi3r5. 6d hours X ~30.it(1 ~3ilfiiig. Materials-20.3 518" 2~ gaugc.st€tds, 10-3 51~" 2tf.gailge 2fi~.t~© 255.0(3 track, ~-31~t pty~vt~ocf, 22a4x 10 spruce, 2 ~x8 S/°~" dry~ya[i, 2 cans'n~ud, 4 bags durai~a~td, 1,0.pi~ et~rsieri~ad ~(y~~~ $21"RS.DO i~#a7`~~1~F7'1~ '1:f7'~`~ 'J-kiliiEfb.#7f:1t7 ,~~anE/ E/ra~~ ~ 271 Vjst~ ~'a~~St~~y Suste ~8 Vest: ~~a~~it ~e~c; F'i 3.3~kI.I O~'~ic~ S61 6$~-494;1' F'~~: ,~l -~86-0776 ,~,'~"~`t~. MATT.. ~Ye i#eCelay ~eopc±sa t~ :f#arnist; tabor an~'»~#tleri~~~-ca~nplcte iti: accoTd~nce ivit(z ~},e at~vve ~peci~~sfions. for tl~e s~iti ~f' dp)tars;(;~~p~ )t5'tklt ~ayEt~atrta to be ~r,~de:aa f~il~ti~rs. ___ __~ A11 material }s ~uarar~teErtl ~n ti~~ as spee`t~I~d. Alt s~'ork to tae a4#ntite#ed itt a ~rarktt3s#E!#ke #natln~~ a~..v~d#r~~ tc+ standard prRCtECe~: Any: att~t'atior~ ar d~via#i~n. fr~~n:E3tsove sp"e~iti~tin~~s li#volvrt~; extra ~`sts ~vili Ise executed-#~ttfy upctzt ~~itkar~ orders aEid «itt becorn~ ate ~xtrn ci~~i~e giver, attd abnv~ the estia~~#c.:Ali t~'~f`~etnCs~t;~ ~vrrti.ng~nt upc~~~ ~trik~s, r#~ci€~ents ate ot;•~~lays fie rah t~ttr ~~anirc~i. ~`~is .~d,,.r'~~j tir~gnsal:;~~#l~jccto acc~lta-t~~ ~v~lt#in ~ i~, days ##ncl'ls ypid fliersat€~P 8t t#tc.o#iaE~ i'Ehi; uE~sl~~~ ~,h of ~ a. `. ,; ~ r~t~ti~orz~d Si~n~ti#r~~ .~ ~~. '__„w:~. _. .. ... CG P A Ci: Qf` ~ ~. ~l~~e above prjees, ;^peciFicatibns find adnditions t#re hereb~~ aec~pted; You ar'e autha#'it~d tt~ dt~ tl3e. work;as. spe,~EEl~cl. p~~~it~#er~t tivi11 f~c tn8de aS>cllktltrlHfi ;71s0.Ve: Dill ~... I~AT.i: "V{~e ~.~el~~ :~~~b~~~~f'.~~~~~tic~#ti~>txs ~~nt~ ~t~m~t~s ~'~s~: PE1~ 5~~.~~ ~7F'iV~?~: P}~e~t~e F[~aj'ing Of I~I~t~~~ Arne~,~ca, L.L. 1021 S..Ragei°s Ci~'cle; ~tite:2 Bo~~ ftatit~t~, FL 3~~$7 B{11 Tt~ ~3raitg':CansfructiaEi tire. 43~i1 Qi~k Circt~ Baca It.EiEE133,I?G 333:1 In~~~~~ D~fi~ Inv.~ice# 51~~f241 t1 3~i25 ship To D~1ray Beacli,;~1 P;O. ~iuitilier ~~rins ReP ship ~iai F.D;~: Pe~aject P.rogress.~'~ymtfE~ts ~R b/2~1~~1D Delray:h~ledi~~il 4u~n#ity lt~m erode b~sc~ipti€~n Prime i=ach: ;4mour~t I Cat°pef )~i:p~1t` ~u~ttisEE Itilvr !o se~sai~ c€ii'tiet aE tkic ~tscin~~ay its a~ie roam, CC3Itlj3t~iti tFl~ C{iE'})Ct,I)iiS~, lE13(ili~ rlGL1' Ut]S~ Iti ~-~~"I©t713] 250:QD 2~FJ.(JO 1 ~.~~+G~1 523Q:00 __ Page 1 of 1 MEMORANDUM TO: Mayor and City Coxrunissioners FROM: Begona Krane, EIT Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 28, 2010 SUBJECT: AGENDA ITEM 8.Y.3 -REGULAR COMMISSION MEETING O~ JULY 6, 2010 CONTRACT AWARDIROSSO PAVING & DRAINAGE, INC.INEW SIDEWALKS ITEM BEFORE COMMISSION This item is seeking Commission approvallauthorization far the Mayor to execute a construction contract with Rosso Paving and Drainage, Inc. for the construction of sidewalks along S.W. 7th Street and S.W. 10th Street. Total project cost is $66,397.40. BACKGROUND The proposed sidewalks alozxg S.W. 7th Street between S.W. 4th Ave and S.W. 5th Ave, and S.W. 10th Street between S.W. 5th Ave and Mango Drive will be constructed utilizing Community Development Block Grant (CDBG} funds. This construction contract includes the following improvements: clearing, concrete sidewalk and the creation of sodded swales along each street. Three bids were received for this project. Rosso Paving and, Inc. was the low bidder with a total bid amount of $66,397.40. The bid tabulation and location map are attached. The engineer's estimate for this project was $65,000.00. FUNDING SOURCE Funding is available in account #118-1965-554-63.11. RECOMMENDATION Staff recommends approval. http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3432&MeetingID=263 7/2/2010 v N N N' W C 0 v ~ ~ Us A W N .~ p (fl Oo V W Ln ? W N 3 ~ f Ti • ~r Q N ~ Q P O O? .A C~ ~ ~ ;D d ~. R ~ ~ P7 p Q' O ~ ~ `2 (D [S ~ a ~ S S W .~-. ~, ~ ~ . 7 (~ 6i ~ ~ ~ ~ F F ~ ~ (Q ~ ~ Al ~ ~ ~ D ~ co ~ py ~ n f? n ~' G7 o ~ ~' ~ 0 ~ ~ Sp 2 ~c 0 ~ o ~ 0 3 o ~ ~ d ~ p~ o ~ x m ~ n n ~. ~ Z ~ ~ o v p cn 'm m y ~ n ~ ~ N ~. ca m m ~ ~ c~ ; ~ m US UJ t/~ /p ~{ Q Q it D m ~ m ~ ~ x ~ o ~ s `n O m a r r r r r (n m m in ' r r r r r r- ~ ~ 7n Cn to fn Cn ~ D D n ~ Ti ~ cn in in ~ ~ ~ i N N ~ ~ O 0 P s ~ ::. 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R € ' ,~ --. 3 U .~ ~ :_ ~ - r •Y4 L._.~ ....nos .~~.. _ _. ...._ a~,-~,~~~ _... ,~-.. ----rv-- ,_ o -- ~ ~ , ~ (~~ ~.~~ -..~. - ... - .. - ;-ter-~ ~--,;- _":~::, _. ~. _ 1 ...,„,...,....T~ ~~z x ;__. °; i ~ ~ ~ ~~ ~ ~' ~-x~._~i_r-t:-!"?.=~W... ~, -~i -Fz ... r-- _~ .~,. ... , ~ ~ ~,L~ [~ ~~ ' . ~"~'~ ~_____._._.~~._.: ,.-~ ! --- I ~_ ~~.,:.._. __r.._. ..,..,..~,. ~~~.~. ...,..,.._. w .~=-~..t-s'-Via'--a~ ~- .- . ~ ~ t '~~ :~;`~~_.._.. `'YF ~- -.~.. _.,..,..__.._.._.._...,.~_ ;~....~.~ . ~ 1 ~' ~ ; it ?; r ~ + CITY of DELRAY BEACH DAlE:05/27/2010 ®~ ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP FILENAME 43480UT118WNFONAVBJIIE, DFJ..RAY BEA[~ RoE11aA 33444 SW 7TH STREE AND SW 7 0TH STREET 2010-119 ~~_.~.~_ ._..~~ ~~ . ~~ ~ ~ Ii111~~YN/Ilr Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: William A. Grieve, P.E., Assistant City Engineer Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: June 30, 2010 SUBJECT: AGENDA ITEM 8.Y.4 _ REGULAR COMMISSION MEETING OF JULY 6 2014 BIll AWARDIROSSO PAVING & DRAINAGE, INC ITEM BEFORE COMMISSION Request for Commision authorization for a bid award to Rosso Paving and Drainage, Inc. for the construction of the DixielUS-1 Connector (NE 22nd Lane) in the amount of $58,996.00. BACKGROUND The work generally consists of the following: road construction which includes, stabilizing and compacting subgrade, installation of limerock base, asphalt wearing surface and associated miscellaneous improvements. FUNDING SOURCE Funding is provided by the CRA and is availble in account 334-3162-541-63.83. Total project cost $58,996.00. RECOMMENDATION Staff recommends approval http://miweb001/CouncilAgendalBluesheet.aspx?ItemID=3457&MeetinglD=263 7/2/2010 N 0 O T w w o ~ ~ ~ Go ~1 ~ ~ .A W N i--~ O LO Oo v ~ Ve ~ W N ~ ~' C ~ ~ ~ o0 0, rj 'z1 N oo ~-. w [/~ w n ~ x ~ n ~ ~ W ~ - N ~ (p w• N W ~ (~ ~ ~ ' Q O Sy ~ [~ R co N ~ .--, - n (D fp ~ ~ ~ ~ ~ ~ Q ~ `~• ~ ~ ~ (} rn ~~ d ~ "• N ~ O ~ w~j O ~ ~ ~ ~ ~ ~ d `~ ° ~ ° z " o ~ ~ o ~ ~ ~ ~. ~. ~: r r r r r~ r~ r r~ ~ r ~ ~ ~ ~ ~ ~ r r r r v~ zn v.~ v~ w w ~1 ? i ~ ~C }C ~ ~C ~ v~ ~ v~ y y J~ r A y ~ ~ ~ ~. ~, .~ P N P P P P P P ~ ~. ~ ~ N N w N ~-• O A v i to O O O O O .--~ 0 O 0 0 O 0 O 0 O 0 W an O O ~P to ~ ~ 00 ~ W N O~ O~ 0 0 0 0 ~] O p p p p ~ O d 0 0 O '. 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O O O O O O O O O O O O O O O O O O ~ bR 6H b9 b9 b4 b9 b4 b9 b4 63 b9 b9 b4 b9 b4 fr9 fro V, O Vi w w O N O v, w - O O O N O w O N ~ ~ N 0 0 0 N ~ „i ~ 0 0 0 0 0 0 v. O c.n O~ ~ N Oo v, 0 0 0 v. ~ y Q O O Q O O d O d CJt O H O to X 0 0 0 ~J /+~ n:. Q O Q O 0 0 0 0 0 0 0 0 0 0 0 0 0 O ~ se bs s~ ~ ~ bs ~ bs ~s s~ bs bs r~ r~ bs c~ ss ~ N ~ Ddb y ,~ x N N 0 0 ~Vj Fi• ~--i I~ n Q Fw+ Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Richard Hasko, Environmental Services Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: June 22, 2010 SUBJECT: AGENDA ITEM S.Y.S -REGULAR COMMISSION MEETING OF JULY 6, 2010 PURCHASE AWARD/EAST COAST UNDERWATER REPAIR, INC. ITEM BEFORE COMMISSION Cornmission is requested to approve the installation of Tideflex check valves for five (5) new locations, from East Coast Underwater Repair, Inc. in the amount of $26,560.00 per Quote #1863, dated 0512412010. Pricing includes all labor, material and equipment for installation. BACKGROUND Three (3) local vendors were contacted for this specialty project, installation of Tideflex check valves, which requires underwater installation in the infra-coastal's waterway. Tideflex check valves are designed as part of our flood control systems. They allow free flow of storm water after heavy rainfall and prevent flooding from the infra-coastal waterway during high tides. The Tideflex design enhances sealing and maximizes pipeline storage capacity. Proposals/Quotes include all labor, material and equipment for installation of five (5) Tideflex check valves. East Coast Underwater Repair, Inc. $26,560.00 Shenandoah Construction $25,875.00 (Quoted on four (4) Locations only Industrial Divers Corp. $41,004.99 A fourth vendor submitted a quote for materials only and does not provide installation. FUNDING SOURCE 448-5416-538-46.90 (Storm Water Utility Fund: Repair and Maintenance Service/Other http:/Imiweb001/CounciiAgendalBluesheet.aspx?ltemID=3423&MeetingID=263 7/2/2010 fast Coast Underwater Repair Inc PO Bvx 424 BQCa Ratan FL, 93429 Phone €551) 541-3158 Fax X581) 541-0297 ~~~~i ~ Invoice Number:1863 Invoice Date: May 24, 2010 Biliin Address: Shi in Addre ss: Company: City of peiray beach Company: City of Delray Beach dame: City of Deiray Beach Name: Attn; Harald Bellinger Address: 100 NW 1S` Avenue Address: 434 S Swinton Avenue CityfStatelZlp Delray Beach FL, 33444 CitylSiatefZsp Delray Beach Fl., 33444 Shipping Methad: FQB/Destination Ordrr information: Qt Product Deacrl tiara Amount mach Amount 2 18" Tidefiex check valve with 18" Inside Diameter $3,78D,OD $7,560.D0 1 18" Tidef#ex check vaive with 18" Outside piameter $3,18D.DD $3,780,0{} ~ 1a" Tidefiex check vaive with 15" kD $3,58DAU $3,58D.00 1 18" Tidefiex check vaive with 12" ID $1,39D,fl0 $1,390.00 Total Material Cost ------------- $A6,31© 2 labar to insta1118" Tidefiex check valve w 18" ID $2,1DDA0 $4,xDD,flO 1 labor to install 18" Tidefiex check vaive vv 18" OD $2,1DD.Op $2,10D.Ofl 1 Labor to install 18"Tidefiex check valve uv 15" ID $1,8DD.flD $1,84D.flD 1 Laborto install 18" Tidefiex checkvalve w 12" ID $1,5D0.00 $1,54D.00 Total tabor cost -------------- $9,GDtl.OD 5ubtotai: $25,91D.OD lax: 7A Shipping: $fi5fl.D0 Grand Total: $26,560 We propose to furnish ail labor, material and equipment to instal! five (5}Tidefiex check valves at the foikowing locations; 1flD2 Harbor Drive 1126 Harbor Drive 1135 Island Drive 1D3D waterway lane two (2) check valves CANCi=LLA"riON AND CHANGES Orders vrhich have been accepted by East Coast iJndenvater Repajr Inc. are not subjected io cancellation ar changes in specifications, except upon l=ast Caast underwater Repair inc. vrrilten canseni, and may require as a canditiasa of such consent, ralm3~ursament for any cost Incurred in performance of order to original farm. CONSTRC~CTTON I888 N.W. 22"d StrEet + Pompano Beach, PL 334G9 (454) 975~~Oh8 JC+ax: [954) 975-971$ DATE: SUBMIT'1'Eb T0: STREET: CITY, STATE & ZIP; PHONE; FAQ: JOB LOCATION: ATTENTION; May 27, 2010 City of Delray Beach 104 NW 1st Avenue Delray Beach, FL 33844 (5G1j243-7345 (561) 2437'314 Duck 8i11 Install Harold Bellinger PROPOSAL #21553 We propose to furnish a crew and ail necessary equipment to Item # 1 Price for Duck Bills and Flap Gate #2 Price for Installlation of each one at the move mentioned job location. This work will ba performed at our following hourly andfor unit prices: Duek Bill #124" Tide Flex 24 ADS 27.80 OD Duck Sill #218" Tide Flex 18" ADS 21.20 Duck Bill #3 18" Tide Flex 18.00 OD 18" HDPE Flap Gate 12" FLG Flap Gate Valve Installation #1 Installlatlon #2 Installation #3 Installation #14 Flap Gate >;stlmated Total: (at $9,280.00 Fixed Cost} (at $5,510,40 Fixed Cost} (at $4,8I 5.00 Fixed Cost) (at $1,450.00 Fixed Cost) (at $184.00 Per I•Ivur) (at $180.04 Per Hvur} (at $180.04 Per Hour} (at $180.04 Per Hour) 1 Fixed Costs} 1 Fixed Costs} 1 Fixed Costs} 1 Fixed Costs) 8 hour(s) 7 hour(s) 7 hours} 7 !tour(s) NOTE: One way travel time for all hourly vehicles listed above. Three Hour minimum. This proposal may be withdrawn ifnot accepted witiain 30 days. Payment tettns net 30 days. $9,284.00 $5,514.00 $4,815.(10 ~~~~~ t ~ $1,OSD.OOt~ $1,440.04 ~ $1,260.40 'i'r~ ~ $1,260.00 ~~~~~ $1,260.04/ ~~ $25,875.40 ~~ ~~~~ f ~ ~ r All material is guaranteed to be as specified. All work to be completed in a workmanlike tnauner according to standard practices. Price abovo is only an estimate of foreseen conditions. Unforeseen conditions can affect the amount of time to complete the work, therefore increasing or dccroasing estimate, All agreements are contingent upon strikBS, accidents or delays lteyond our eotttral. Owner is to carry Ctro, tornado and other necessary insurance, Our workers are fully covered by Vi~orkman's Compensation Insurance. SIGNATURE: TITLE DATE Estimator 05!27/2014 ACCEPTANCE f)F PROPDSAL 1 SIGN & RETURN RI3: sz The above prices, specification and conditions are satisfactory and are hereby accepted. You are authorized #o do the work as specified. R1t~ 3Arpa SHENANDOAH (3ENIRAL CONSTRUCTION CO. Rick Shupe SIGNATURE; COMPANY NAME: DATE: Lli~~IST~L D~..L~` ~Ul~"~RA.T~f~N 2b40 A~rbar ~3rrve F'vrl.il;uuderdate .l~L 333.x.2 Office (9S4) Sz3y.2946 .Fax (954) 5'87-6636 Prapnsnl E ~nar'ted tn: Bellrtr~et t tt lr~rrl?I~~~nclr.cnssr City of Delxay Beach 434 S. Swint©n Avenue Delray Beach FL 33444 May 2b, 2410 Harald Bsilingcr 5615735831 Cellular Total No. of Pages 02 Submf#ted by; It, Gailetta zCWW Outfall Check'~'alves Industrial Divers Corporation will provide all labor, equipment and materials, check valves, and supplies to install cheek valves an the listed locations. This quote will include necessary repairs or modifications to the existing autfalls to enable the check valves to be installed and seal properly. 1. 10©2 Harbor Drive 18"'T'ide flex check valve "duck bill"1$" II3 ADS (advanced drainage systems) with 18" O.D. steel sectional liner $9,8SO.Q0 (Labor & 11~aterial} 1a. Labor Only $5,650.t?0 2. I I35 Island Drive 18" 'Yids flex check valve "duck bill" (18" I.U. ADS pipe} with 18" O.D steel sectional liner $9,$5fl.00 (Labor & material} 2a. Labor Only $5,654.00. 3. I I26 Harbor Drive I8" Tide flex check valve "duck bill" (18" O.I7. x IS" I.D. HDPE pipe) X9,454.00. (Labor 8~ material} 3a. Labor Only $S,f54.04 4. 1434 Waterway Lane 2'V'alves replaced with new 18" and I2" Tideflex check valves "duck bills" valves with 18" and 12"steel, sectional liners respectively $11,854.89 (Labor & material} 4a. Labox Only $6,440.44 Labor only total ~Z2, 950.00 Labox and material total $41,404.99 The ADS pipe is black polyethylene smooth bore with outside corrugations. Both ADS pipes are cracked on the inside all the way around where the pre-cast seawall panel has settled and put downward pressure on the plastic corrugated ADC pipe fracturing it. ~"id~~e~ T~c~n~~o~~s ~~:~~~~~ 8tt0 N. Bell Avet~~t~ -~ c~rne~r~, ~A ~8'€~6 - www~Tt~flexcorrt Fax: AZ2 X79=7878 Reference: CITY' OF DEL1~iY BEACH, FLORICIA Quota Muml~rc 35'133HQ BACKFL4IN PR~1fENTtOH UFC~~'iADES Quote De~#e: 1~-dun-~~ .Quote Expltes: ~ ~-~ul 'l ~ Te: Harold Bellinger Aatharizeti Sates RepreseMatlve: City of Delray Beach Mr, ~lrard Mltcltetl 4 $auth Swlt~on Ave~rue Eri~rirc~nrr€ental l~-la, tnc. Defray Beach, FL 33444 65t~7 Mt~cita 1=1na Court llSA take Werth, FL 8868 usA Email: betling~r~mydetraybeact~.com Phone: 561 293~7.~8 Phone: v61.3fl9~8882 ~ Fax: iiB't?+f3-~~94 Pax: 886-316~7~15 fle~crin~€oa T1DEFf..E~ BERIES Tf-'I I:LAT BOTTOM ECCENTRIC BILL Sleeve Material. pre~ie ~ . Complete wi#h 3i~ Stalniess Steel Clamps. Please advise t~i~ximum Working Prsssur$ and Eack Pressure. GoriBrm Exact Pipe ©.a. at Time of Order Approval Qrawings RegeTred i_ead Time: 2-3 Meeks Auer ©rawing Apprgval Toted: Payment ~ i~tl°lo Net.3D~ No Retsirisge . Shipping Prepaid and Add P.O,B. Terms; Gas#onia, NC Prepared b; We re~rve #~e right #a requote upon recsip~t afformat spsci~cations. ~ i ! a ~ b 'to Pleasc lea TnrmS stld Cend~iaro of Srie on revet~se side. Fciday~ Juresi i, 20i0 4:11:1a PNI ~d 1 of 1 Total Net Price: $'lB,897 -~ $'i8.984 Page 1 of 2 MEMORANDUM _. TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 30, 2010 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF .IDLY 6, 2010 CONDITIONAL USE REQUESTICVS STORE ITEM BEFORE COMMISSION The item before the City Conunission is a conditional use request to establish a 24-hour late night business for CVS located on the southeast corner of George Bush Boulevard and NE 5th Avenue, (700 NE 6th Avenue). BACKGROUND The applicant is seeking conditional use approval pursuant LDR Section 4.3.3(VV)(2)(a) to establish a " 24-hour or late night business" for CVS Pharmacy. LDR Section 4.3.3(VV) (2) (a) (Conditional Use) states that any 24-Hour or late night business located or proposed to be located within a 300 feet straight line route from any residentially zoned property shall frrst obtain conditional use approval from the City fax the operation of such use. This conditional use application is now before the Commission for consideration. The request would extend the current hours of operation, which are 7:00 a.rn. to 12 p.m. (midnight), to 24 hours aday/seven days a week for the retail store. The Pharmacy hours of operations will remain unchanged, namely, Monday to Friday 8:00 a.m. ~- 10:00 p.m., Saturday 8:00 a.m. to 6:00 p.m., and Sunday 10:00 a.m. to 6:00 p.m. The security plan which exists for the store is explained in detail in the attached Planning and Zoning Board staff report. As part of this request an additional CPTED review was conducted and additional security upgrades were recommended by the Delray Beach Police Department REVIEW BY OTHERS The Planning and Zoning Board considered the request at their meeting of April 19, 2010. After extensive discussion, the Board recommended approval of the proposed conditional use to allow the CVS Store to extend their operating hours to 24 hours, seven days of the week by a vote of 5-1 subject to the following conditions: http://miweb001/CouncilAgendaBluesheet.aspx?ItemID=3463&MeetinglD-263 7/2/2010 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR THE ESTABLISHMENT OF A 24-HOUR LATE NIGHT BUSINESS FOR CVS LOCATED ON THE SOUTHEAST CORNER OF GEORGE BUSH BOULEVARD AND NE 5TH AVENUE (700 NE 6TH AVENUE) 1. This conditional use request has come before the City Commission on July 6, 2x10. 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 24-hour late night business for CVS located on the southeast corner of George Bush Boulevard and NE 5t~' Avenue (700 NE 6t~' Avenue). All of the evidence is a part of the record in this case. Required fiindings are made in accordance with Subsection I. I. LDR REQUIREMENTS; LDR Section 4.3.3(VV){2)(a) states that any 24-hour or late night business located or proposed to be located within a 300 feet straight line route from any residentially zoned property shall first obtain conditional use approval from the City for the operation of such use. A. LDR Section 2.4.5E Re uired Findin s: Conditional Use : Pursuant to Section 2.4.5(E)(5}, in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. 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. CONDITIONS OF APPROVAL FOR THE ESTABLISHMENT OF A 24-HOUR LATE NIGHT BUSINESS FOR CVS LOCATED ON THE SOUTHEAST CORNER OF GEORGE BUSH BOULEVARD AND NE 5T" AVE, (7©0 NE 6~" AVE.} 1. That no alcohol sales shall take place between 12 midnight and 7:00 a.m. (offered by the applicant); 2. That the Pharmacy hours remain unchanged fram the current schedule; 3. That the CCTV must be reconfigured to cover the south, East, and West approaches to the store's entrance; 4. That all employees must attend "Robbery and Safety Training"; 5. That a verifiable `Cash on Hand' policy needs to be posted at all register locations; and 6. That "Cashers have less than $50.00 on hand", must be posted at all entrances and register locations. 3 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH fUIEETIh#G DATE: April ~s, 200 ---STAFF REPORT--- ITEII~I: Conditional use request to establish a 24Thour or late ni ht business for CVS Pharmacy. The property is located at 700 NE bcn Auenue. GENERAL DATA: Applicant ...............:...:. .... .. . Agent---------------------------------------- Location ................................~--- Property Size ............................. Eufiure Land Use Map ............. Current Zoning-------------------------- Adjacent Zoning ..............North: East: South: Vlfest: Existing Land Use--------------------- Proposed Land Use .................. V1later Service... ........................ Sewer SENIGe .........:................ Holiday CVS, LLG1Lease Holder Alfred J. Malefatto 7Q0 NE 6th Auenue 0.98Acres GC {Commercial Gore) CBD (Central Business District) CBD (Central Business District) CBD (Central Business District) CBD (Central Business District) Ra (Residential Office) CVS Pharmacy CV5 Pharmacy {24-hour Business) The properky is currently served by a 6~ water main located along NE 8t" Street r-o-w. Sewer service is currently praulded via a service lateral connection to an existing 8~ sewer main located along the NE 7~~' Street r-o~w. N.E. 141H 57. ~z x i Planning and zoning Board Staff F::.' art: Meeting 04/19/10 24-hour or Late Night Busirsess Conditional Ilse Approval for CVS Pharmacy Page 2 the east and therefore requires conditional use approval. The FEC railroad corridor runs along the west side of 5~` Avenue (southbound Federal Highway} creating a buffer between the residentially zoned area to the west and the C11S Pharmacy building. Commercial uses abut immediately to the north, east, and south of the subject property. The actual land uses located immediately to the west, while residentially zoned, are in fact office uses (zoned RO -Residential Office). Pursuant to the Land Development Regulations, a 24-hour or fate nighk business is defined as any restaurant, bar, lounge, nightclub, music haft, club, gasoline station, convenience store, convenience business, retail storestore, grocery stare, kaundramat or similar use which is or will, at any time during a calendar year, be open for business at any time between the hours of 12:00 midnight and 5 a.m. In addition, LDR Section 4.3.3(W) (2) (a} (Conditional Use) slates that any 24-Haar or late night business located or proposed to be located within a 300 foot straight line ro~rte from any residentially zoned property shaft obtain a conditional use permit from the City for the operation of such use. The distance shall be measured from the neares# paint of the property on which the 24-Haar or Tate night business is or will be located to the nearest point of a residentially zoned property. REQUIRED l=1NDINGS: (Chapter 3): Pursuant to LDR Section 3.'l.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the. official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to fine following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consis#entwith the land use designation). The subject property has a Future Land Use Map designation of CG (Commercial Core) and a zoning designation of CBD {Central Business ^istrict). The zoning district is consistent with the Commercial Gare Future Land Use Flap designation. As previously stated, the proposed retail store will be defned in the LDR as a 24-hour business. LDR Section 4,3.3(V1I) {2) (a) (Conditional Use) states that any 24-hour ar late night business located or proposed to be located within a 300 foot straight line route from any residentially zoned property sha![ obtain a conditional use permit from the City for the operation of such use. Based upon the above, a positive finding with respect to consistency with the FLUM can be made. CQNCURRI=NCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan, . The expansion of hours far the existing CVS Pharmacy retail use will not have an impact on the previous positive findings as they relate to parks and recreation facilities, schools, water, sewage, drainage, streets and traffic, and solid waste. CON515TENCY: Compliance with perFormance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Planning and honing Board Staf# ~? .'~~~irE: Heeling E}4198f10 _-_ 2~4-hour or Lale Night Business Cori~ifional Use Approval for CV5 Pharmacy Page 4 As previously stated, the proposed use abuts residential property to the west. It is noted #hat the west and east side of the subject property has been provided with substantial landscape buffering to screen the residential areas. The landscape material includes two (12' high) Crepe Myrtle, four (18' high) Magnolia trees, eight (18' high) Live Oak trees and twenty two (14' to 24' high) Sabal Palm trees. In addition, the applicant has also provided a Green island Fcus hedge with a decorative 5' high concrete wall along portions of the east and west side Af the property which mitigates any negative impact on the surrounding residential neighborhoods. The FEC railroad corridor runs along the west side of southbound Federal Highway, creating an additional separation buffer to the closest residentially zoned neighborhood to the west. Based upon the above, the proposed use will not have an adverse impact on the surrounding area, nor will it hinder development or redevelopment of nearby properkies_ COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: (1111) 24-Hour or Late Ni ht Businesses: (2) Rec[uirements: Unless otherwise specified, the following regulations shall apply to 24- Flour or late night businesses: (a) Conditional 1Jse: Any 24-hour or late night business located or proposed to be located within a 300' straight line route from any residentially zoned property shall obtain a conditional use permit from the Gity for the operation of such use. The distance shall be measured from the nearest point of the property on which the 24 hour or late night business is or will be located to the nearest point of a residentially zoned property. (b) Conditions: In addition to complying with Section 2.4.5(E) of the Land Development Regulations, all other applicable regulations, and with any conditions imposed through the conditional use process, the following conditions shall apply to all 24- Hour orlate night businesses which meet the requirements of subsection (2) (a): 1. Security Plan: A 24-Hour or late night business shall submit a security plan detailing the manner in which the business intends to address the security of the establishment, its patrons, employees and nearby residents. A convenience business as defined in Section 812.171, Florida Statutes (2000), as may be amended from time to time, is exempted from filing a security plan with the City pursuant to this subsection. However, convenience businesses shat) comply with all applicable provisions of Sections 812.101-812.175, Florida Statutes (2000), as may be amended from time to time. A security plan shall include, at a minimum, a detailed description of the following: a. External lighting; b. Other external security measures, such as security cameras or other similar measures; and, c. Internal security measures, such as drop safes, silent alarms, security personnel or other similar measures. A site plan, landscape plan, and photometric plan for the subject property was approved by the Site Plan Review and Appearance Board (SPRAB) on April 23, 200$. Gonstruc#ion has been completed and the CVS store is now in operation_ The conditional use application includes a Planning and Zoning Board Staff F.; :: art: Meeting 04119/iQ 24-hour or Late Night Business Canditianal Use Approval for GVS Pharmacy -- Page 6 employees, and nearby residents. The west and east side of the subject property has been provided with substantial landscape buffering to screen the adjacent residential areas. Based upon the above, positinre findings can be made with respect to LDR Section 4.3.3(VV) {Z) {c}. GOMPL,IANGE WITH LANIf~ l'~EVELOPMENT REGULATIONS: In conjunction with the Car~ditianal Use request a site plan was submitted which has been reviewed by staff. Based upon staff's review of the site plan and site inspections, the previously approved findings of compliance with the Land Development Regulations {LDR) can be confirmed since these findings are not impacted by the proposed change in hours of operation. ~~. ~. Gommunlty Redevelopment Agency ~CRA) The CRA reviewed the conditions[ use request at its meeting of April 8, 2g'10, and unanimously recommended approval of the project. Public Notice: Formal public notice has bean provided to property owners within a 5QD-foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: = Neighborhood Advisory Council = Del Ida HOA ^ Palm Trail HOA = Seacrest HOA The conditional use request is to have a 24hour operation of the existing CVS Pharmacy building. A pharmacy drive-through lane is being provided and will operate over-night. This should improve the security of the CVS Building since the contact between the public and employees is limited, thereby, reducing the opportunity for criminal activity. As noted previously, the west and east side of the subject property' has been provided with substantial landscape buffering to screen the residential areas. The landscape material includes two {12' high) Crepe Myrtle, four {'I $' high) Magnolia trees, eight {18' high) Live Oak trees and twenty two (14' to 2~l' high) Sabal Palm trees. In addition, the applicant has also provided a Green Island Ficus hedge with a decorative 5' high concrete wall along portions of the east and west side of the property which mitigates any negative impact on the surrounding residential neighborhoods. The 1=1~.C railroad corridor runs along the west side of sQUthbound Federal Highway, creating an additional separation buffer to the closest residentially zoned neighborhood to the west. The security plan information provided by the applicant describes the location of three {3) exterior security cameras that cover walkways, parking lot area, and the drive-thru lane, and are mounted on the Tight poles. Thirteen {~3) additional security cameras are provided inside the CVS building. ~ ~--- p_ , ~~ ~~ :.. ~~ # ._~- ~ .i i~ ~3~ - ~ I .i - [ s'., _ ~ ` ~~. 1 I I I i(( l 13 i i ~~ ~~` I ~~ ~ :s .~ ~~, -~ i ~3 I t a,~~,...~._ - _ ~ t :- `~ ! F i i~ rr F' i I ~. _ J. t 2 s i~ . ~ ~n~'~ F h ! 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I~ ~ ~~ 'S ! o' ~. ~.t,~l I ~~~ _+~ z` _: r~ ~ "E li ~~- t ~ .~ - J ;a '~' 7 4 ~~ .~ ~~ ~ ~I~~E, nl .^F~ .~ -_ i ~~ ~ ,~ j • ~ 3 ~.. __~ ~ ~ ~.ti ~ ~g~ s~~ ~ ~6 m.C~ ~~ ~m ~ ~~ -~ ~~.T. ~. v.: =~s:::~~ ~ ~ ~ a _~~ U ~ ti qb0 ~ ~ - 7«. a-a 6 ~-~ ~ ll i ti; ~ _~ '-~ -A- ~ j >-~ I V~~ ~ ~~~- ~ ~ - ~a s 3 ~ F ` n ~ ~ a~ yF , !.. q '!7_ ~S '~~ ~ Fv x .~ a ,.M1i~vT_'.7-~~' ~-.nss-'~r~.~~-C~A~1r.,:t"._i ~s:.-,-'---f~--~ 4=~ ~1~ ~~^'.~~€.5`~~~:E" :.fir#i:a~'~7R~~1'".. ~ ~ ,. . T~ ~ s~,^ a ~ f ~ ~* .. '. ~. .. t ~,. spa:::.: _ ~._;_... ~: j'~'c4~ga 1 ~ - ~ REF :_ ~ ~ 4:. ,,. ,...... ,.-..,..Q .. .. . CVSfpharmany q`x"~°" ~ ., b 8 ~ ~- ~~ ~ Sun=Fech Lngii~eering, Inc. z ~ .~. ~ . 's aer.o..ea~nrc au: eqx ra+wu - ~S F ~ ~ ~j ~-- 4 ~ C6e lA #lM4p~lf1 FOMW. IRfp.N WiWP~rbreatl. - - ~ eFlattiiwl . . ~ ..... .. ~.i l;l N f"3-~u Y.. .~+~!~§°°e .._. F= ISAII:di~a T ~~ d ~~ .~ ~a z ~~~ ~zk ~~~ ~~~ ~~~ ~g~o ~ ~ ®Q~ao = ~oo®oao:.oo.oo n } oo.o. ~~ .~ B: ~ ~€ ~ ~ ~ ~ ~ ~ g ~ ' ~ ~ ~~~~ ~~~ ~~ ~ ~~ ~ 9~~ ~ ~~ _ ~ ~~ ~ a~ ~Rm .S poptn"~ ~.. ~~~ ~q~ ~~ .~ s~ - Breto, Estella 'roan; Vaielt, Denise Sent; Wednesday, April 21, 2010 8:16 AM To; Breto, Estelio Subject: F1/V: Condit use far CVS hrs of operation FYI ~~. v.k. t=xecutive Assistant Planning & Zoning DeparErrtent City of Delray Beach 1©0 NW 1st Avenue Delray Beach, FL 33~~ Phone : 561 243-'x(3,441 Fax: 5fi1-Z43-722'I valekCt~ci.delray-beach.fl.us From. Charles Tl~ompson [maitto;c~~nango@bellsc~uth.net] Sent: Monday, ,4pril 13, 201(3 12:04 PM Ta: PZmail@MyDeirayBeach.oom Subject: Condit use for CVS hrs of operation Please consider the neighborhood when granting CVS pharmacy use to be open 247. While Z shop CVS and welcome being within watking distance Y feel 24hrs especially after l lpm might be too much securitywise. We already deal with people hanging around the laundromat on Geo Bush with Loud music and drug dealing and ast hanging out_ ~r Walgreens also deals with panhandlers and vagrants. The police can°t be everywhere although they do try and Ism sure security is expensive. Unless they are willing to address these issues maybe CVS should just try for 1 lpm and watch for problems....Thank You ...Charles Joan and Hilda Thompson 895f891 NE 7th Ave Betray Beach FL 33483-5707 ' . "Design-Out Crime!" `CPTED' Review for CVS Pharmacy Seven-Hundred Northeast Six#h Avenue Provided by Officer G. Werner, CPTED Practitioner April 28, 2010 Overview: The proposal is a Condifional Use Request by CVS Pharmacy so that the store at the location is permitted to be open 24 hours a day. The store is a '13,000 square foot building that opened in January 2010; sits on 2.32 total acres. The business operates as a, 'Convenience Store', a designation which makes it subject to specific state and local mandates which were created to regulate all convenient stores. The surrounding area consists of several businesses: A large Acura car dealership sits on the opposite side of North Bound Federal Hwy., several automotive mechanic-used car businesses, a gas station, and a busy Publix Supermarket a block and a half South. The site sits between North and South bound North Federal Hwy (currently three lanes each) along the North end of Delray Beach's Central Business District (CBD]. George Bush By is an East/West feeder for the beach areas, and neighboring cities sits an the North side of the building. The area has a high volume of vehicle and pedestrian traffic due to its close proximity to several nearby residential areas. Residents from several nearby apartment buildings frequent the area because they do not have other available transportation. There are four bus stops, all within a few blocks of the site, which provide local service to area residents. This review is based upon current site plans, Delray Beach Police Deparfinenf crime sfafistics (available by public records requesf), two on-site visits (one during night time lighting condifions),a `photo-metric study' (provided with the proposal), and a `Security Plan'. While the site is not necessarily in a high crime area, the impact that crime has on the location can not be overstated. There have been several recent `smash and grab' burglaries to nearby businesses. The ones that directly impact this location the most are the three in 24 months which occurred on the other side of greatly legitimizes access to the life for abnormal users who may meander around fhe area (as well as fhe eventual 24 hr ATM of fhe proposed Chase Bankl to see how long it fakes for that police car to drive by, a second time. Furthermore, twenty-four hr. ATMs are `high risk` areas; more so than other commercial areas which operate during normal hours. The completion of the propased Chase Bank on the same site with it's 24-hr ATM machine along with a 24 hr CVS would greatly increase the target rich environment at the location. These valid points are further underlined by the present inadequacies in the store's close circuit television system [CCTV]. Safety and Security: The proposal's Security Plan indicates that there are (16) cameras which cover both inside and outside areas of the store. However, the CCTV fails to address several points of concern. The security plan provides depictions for each camera, but those assigned to cameras #14 and #16 are not consistent with any building on this particular site (CVS). None of the cameras adequafely cover the front of fhe store to the South; provide images that would be useful in determining a suspecf in a crime. Earlier this same month a bicycle was stolen near the front door of the store. The cameras, in there current configuration, were unable to provide any useful images which would could provide follow up information about the incident (see DBPD case # 10-9944). The store has a `cash-handling' policy which states that all twenty-dollar bills are to be immediately placed in the `drop-safe' at the front of the stare. Additionally, the registers automatically cue cashiers to, "Call Manager, Cash High". It should be noted that there is no `system-check' in place to ensure that #his plan is followed. See Recommendations on page 4 Recommendations: _ ~ c„onfq,ured to cover the South, East, and West e mus ere„ approaches to the store's entrance. >All employees must attend `Robbery and Safety Training' >Lighting engineers should certify that the entire exterior of the store, extending to the entire arkin lot receives no less than 2 FC's of light during night time lighting conditions. 3 Nlx. Paul Dorling Director, Planning and honing City of Delray Beach 100 l~W 1 st Avenue Delray Beach, Florida 3344.4 RE: CV S Pharmacy, 70o NE 6`~ Ave; Petition for Conditional Use, 24-hour opera#ion Dear Mr. Dorling: This letter is intended to confirm CV5' understanding and acceptance of the recommendations made by the Crime Prevention Through Environmental Design {"CPTBD"} review for the proposed use of the referenced location as a 24-hour facility. On Apri119, 2014, the Conditional Use request fora 2~ hour facility was heard by the Delray Beach Planning Board. The Planning Board recommended the site for approval #o the City Council, but asked City staff to have an updated CPTED review prepared taking into consideration the 24-hour reques#. The review was carried out by Officer Cr. Wesner, dated April 28, 2x10. The C.`PTED review provided 5 operational recommendations. CV S agrees to comply with all five recommendations, and provides the fallowing information for each of the items: 'I . The CCTV must be reconi:ic~ured to Dover the South,_ East, and Vllest approaches to the store's entrance. Response: CVS will comply with this recommendation through the addition andlor reconfigura#ion oftlae cameras on site, as necessary to gain the required coverage. 2. All employees must,atfienc~„Robbery and Safey Training' Response: CVS ensures that all of it's employees are trained in Emergency, Robbery and Safety Training. CVS will rnairitain a record of employee completion of such training, ~~ 3. L~,hting_engineers should certify_that the entire exterior of the store, extenc~inc~ to ~,~ ~, the entire marking lot receives no less than 2 FC's of light durincl night time lighting_conditions. Re_ st~onse: Anew lighting plan has been submitted here~s+ith reflecting that the site vrill have no less than 2 FC's of light, anal which averages 5.56 FC's of light over the entire parking area. 4. A veri~able_`Cash on Hanoi' policy shotald be posted at all regisfier locations. Response; A "Cash on Land" policy will be posted at all register locations, and evidence of such provided to City staff. 7$$7 Bryan Dairy Road, Suite #'i22, Largo, Florida 33777 Phone:727-394-6826 Fax:727-394-6$36 Page 1 of 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: July 1, 2010 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF JULY 6 20IQ WAIVER REOUESTS/TEMPORARY USE PERMIT/DELAiRE COUNTRY CLUB ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a temporary use permit for a structural tent and two waiver requests; one to allow the use of the structural tent to house the dining facilities at Delaire Country Club for a period not to exceed 1 S months while the club house is being renovated, and the other one to allow an increase in the maximum size of the temporary structure from 10' by 12' to 82' by 66'. Both requests are associated with the club house renovations for the Delaire Country Club. BACKGROUND At its meeting of December 10, 2008, SPRAB approved a Class II site plan modification for the Delaire Country Club, which included construction of a two-story 16,706 sq. ft. fitness center building, plus a 7,437 sq. ft. pool, pool deck, and spa area. At its meeting of June 24, 2008, SPRAB approved a Class II site plan modification to reconfigure the pool deck, pool, landscape plan, and a minor change to the pool side architectural elevation. At its meeting of December 9, 2009, SPRAB approved a Class II site plan modification for the installation of four temporary trailers at the Delaire Country Club. Three of these trailers will be utilized to house the golf pro shop, tennis pro shop and fitness center during the remodeling of the clubhouse and a fourth trailer will be installed to house the primary contractor as well as provide office space for subcontractors to utilize while on site. At its meeting of January 5, 2010, the City Commission approved a Temporary Use Permit and waivers for the placement of the four trailers. On April 14, 2010, SPRAB approved a Class IV site plan application to partially demolish and renovate the existing Club House and build a new 47,199 sq. ft. Club House, and a 6,875 sq. ft. golf-cart barn. The partial demolition (41,210 sq. ft.} includes the restaurant area interior and exterior walls with the exception of the kitchen area. Waiver Analysis: Pursuant to LDR Section 2.4.7{B}{5), prior to granting a waiver, the approving body shall make a http:/Imiweb001/CouncilAgenda/Bluesheet.aspx?Item1D-3473&Meeting1D=263 7121201 D Page 3 of 3 Board or Agency. The Site Plan Review and Appearance Board r~vill considered the associated Class I site plan modification and architectural elevations at their July 14, 2010 meeting. RECOMMENDATION Approve a Tempoxaxy Use Permit and two ~raivers to LDR Sections 2.4.6(F)(3)(a)(1), and 4.4.3 (1}(3) far the placement of a 5,412 sq. ft. temporary tent at 4645 white Cedar Lane to be utilized as the dining facility of Delaire Country Club, based on positive fmdings with respect to LDR Section 2.4.7(B)(5}, subject to the following conditions: 1. The Temporary Use Permit shall not be effective until the issuance of a permit for the permanent clubhouse modifications. 2. That the temporary structural tent must be removed from the property and the area restored to its original use pursuant to the site plan of record concurrent with the issuance of a Certificate of Occupancy for the clubhouse modifications, but in no event shall the Temporary Use Permit be valid for more than 18 months from the issuance of same. http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3473&MeetinglD=263 7/2/2010 i ~ ~ \t 1 A ~, \~~ -' 1 1 ~ . ~ ~~ ' ~ ~ 1 ~ ,i ~ ~, ~ -~ --'` ~ ~~ ~ r ~ ~ r ~` ~ ~y~ i ~ ~ -- ~- ~ ~~- 5.~ 1~. L .- - ~~ i~ ~ r ~ r f ,- ~' - .r ~ ~ ~, l %' ~ ~ ~~ ~ !~ y . eN~ 1 q ~, ~ ~ ~, ~ ~~ ~ _, _ ~;• ,~>: ,~ 'i a~reP ~ ~1~.~_ t¢ ~\`` ' i S `~ l` _s~1 ~''~'~ h '.: ~.!-~ C:I;NC il`.IT Pal'EGkS ins to J 1~r~ -_ r ~O' ~r rn ~ ~ ; "'` ~% ,, -1.~ -.!nuts ~ - i f!11f ~Plkh1 EH ~ :~ ._ _ x0:0" - tf 1 ~- _ ~ ~ ~~~\ 1Y~'~ l ~pp,K i. 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(tp be reinadeled) ~~ ~~~~~ t >' f 1 !. i r {t UVEIL~F 2295 L~1.i^l, Gnrpors4e BpVd-:Sirlt~ 2i3 BoaoRatnr}~ Florida 38491 -665~i0~03~4 e~igrl l., LQGa'~[C)I~ ~1~~ nal~ os-~~r~~ta1 _LC 26QQ6287 ~ ~ $CAiE 1°=Lil'- S$13GI~t~S ~IICi. ~ovellidesigrrcnm noir reomct y flcfldfi ~T~~GTI~~~ T~~T PN# 1Cl45 Llrtian Planning ,: L~Ydscape AraYi'r4ectura Ya ~t( Oyh~onal A:~cessvries ~ C~Ia~~'~'a11~ ~ G1as~ I~Q€irs , Cass~tt~ Harc1 Wa~1~ ~ E1e'.v'at-~~ Flctiritt~ ~3car ~:cili~t o Cyi~ Cna~ile ~~ids +0 F~z~ix°ic ~~il'in~ Liners ~ HST AC' 'ren~ier'Tenting Scrlu~ons -Event rentals ~ ~vww.gc~wi~~p~remie~.~ram ~, E~ ~:~ Y4 i !f. i s ~`'~, `. , . ~ m ~. ~ ~gj ' u .. r a ' ~.:. ~ ~ M t Y ~~ Uk{ k +~ ~ y t E~f 4 y Ty;~- ,1 ~. W ~ a 7 Prernie~ Tenting ~~ln~ic~ns ~ven~ I~ental~ ~ ~v~~Q~r~t~~r~~~r.~ec~rn IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REQUEST FOR A TEMPORARY USE PERMIT AND ASSOCIATED WAIVERS TO ALLOW THE USE OF A TENT TO HOUSE THE DINING FACILITIES AND TO INCREASE THE MAXIMUM SIZE OF THE TEMPORARY STRUCTURE FROM 10' BY 72' TO 82' BY 66' AT DELAIRE COUNTRY CLUB 1. These waiver requests to allow the temporary use of a tent to house the dining facilities and to increase the maximum size of the tent at Delaire Country Club came before the City Commission on July 6, 20'10. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the temporary use permit. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections 1 and II_ I. WAVER TO ALLOW A TEMPORARY TENT TO HOUSE THE DINING FACILITIES: LDR Section 2.4.6(F) provides of a list of allowable temporary uses and pursuant to LDR Section 2.4.6 (3){a)(1), the use of a tent, or tents, shall only be for: a) the sale of seasonal items which, when protected from the sun, provides for a less hazardous product for public use; and b) assembly occupancies to protect the public from the elements. Since the specific use of the tent is not listed as an allowed use under this section, approval can only be granted through a waiver by the City Commission. Therefore, the Applicant is requesting a waiver to Section 2.4.6{F) to allow for the placement of a 5,412 sq. ft. temporary tent to be utilized as a dining facility. Pursuant to LDR Section 2.4.7(8){5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: {a) Shall not adversely affect the neighboring area; {b) Shall not significantly diminish the provision of public facilities, {c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Sections 2.4.6(1=) and 4.3.3(1)(3) subject to the conditions listed in Exhibit "A" attached hereto. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6th day of July, 2x10, by a vote of in favor and opposed. ATTEST: Nelson S. McDuffie, Mayor Chevelle Nubin, City Clerk 3 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 30, 2010 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF JULY 6, 2010 APPOINTMENTS TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMM)[SSION This item is before the City Commission for appointments to the Financial Review Board. BACKGROUND The terms for regular members Ms. Brenda Durden, Mr. Howard Ellingsworth and Mr. john Warner will expire on July 31, 2010. Mr. Ellingsworth will Dave served one (1}full term, is eligible and would like to be considered for reappointment. Ms. Durden and Mr. Warner will have served one (1) full term and would not like to be considered for reappointrrment. Secondly, regular member Mr. Robert Moore was removed from the Board due to his missing three (3) consecutive meetings. Mr. Hansford Higginbotham and Ms. Rosalie Blood are both alternate members and would like to be considered far regular membership. There will be four (4) appointments made for four {4) regular members to serve two (2) year terms ending July 31, 2012. On October 6, 2009, the Delray Beach City Commission adopted Resolution No. 55-09 establishing the Budget Review Committee to review the City's budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City's budget and overall financial condition. The Commission later adopted Resolution No. 58-09 which renamed the committee as the Financial Review Board with the expanded responsibilities of analysis of revenues and expenses and business practices and processes. The Financial Review Board shall consist of nine (9) members. Five {5} seats on the Board must be filled with a certified public accountant, accounting professional, finance professional, certified financial planner, investment advisor, insurance professional {propertylcasualty or health), business owner/manager/officer and someone with an MBA or MPA degree. The remaining four {4) members may be at large. The following individuals have submitted applications and would like to be considered for appointment: httpalmiweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3451 &MeetingID=263 7/2/2010 FINANCIAL REVIEW BOARD O6/f0 TERM REGULAR MEMBERS OCCUPATION EXPIRES 07/31 /10 Brenda Darden Retired E ducator ~pf11/03/09 07/31/10 HowardEllin~n~rhh Accounting ~~ 1o/zolo9 Partner/CPA 07/31/11 ToddL'Herrou Business Owner 1o/zo/o9 07/31/10 Vacant 07/31 /11 Qiristina Morrison Pearce Realtor Appt 11/03/p9 07/31 /11 Yvonne Wallcer Accountant Appt 10/20/09 ,,I/31 /10 John Warner Chief Financial a~ 1°/z°/os Officer ALTERNATES 07/31/11 HaatisfordHiggir~Uotham _-~ LTnexpAppt05/25/7.0 ~ Bl1.Sine6S Develo t 07/31/11 Rosalie Blood Vice President/ Appt 10/2D/09 General Manager Contact: Barbara Flynn X-7115 5/CityQerk/Soard 10/Financial ReviewBaa~ FINANCIAL REVIEW BOARD EXHIBIT A Applicants with experience in the professions required: Applicant Occupation Rosalie Blood Reiirect Vice President/General Manager Incumbent MarEin Cherry Executive Vice president Suzanne Donohue President-Director of Sales Howard Elling~n~rrh Accounting Partner/CPA Incumbent John 1-lallahan Assistant Director of Operations Hansford Higginbotham VP-Business Developrr~nt Laura Reines Director/Special Events Coordinator Jeff Ritter Consulfiizg/IVIBA (currently serving on the Police Advisory Board) Cheryl Shaffirier Accounting Harvey Starin Real Estate Broker/MSA {cun~ently serving on the Board of Adjusttr~nt) Barbara Trevino Leasing Manager/Corporate Analyst AndrewYoungross Engineer/Business Owner Applicants interested in being an at-large-member: Applicant Occupation Nayda Cottone-Ovadia Nursing Assistant Alberta Gaunt-Rickard Pro~E'Ct Coordinator Vicki Hill Construction Auditor NFid~ael Park General Counsel Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 30, 2010 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF JiTLY 6 2010 APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Community Redevelopment Agency. BACKGROUND The term for Mr. Howard Lewis, regular member on the Community Redevelopment Agency, will expire on July 1, 2010. Mr. Lewis will have served one {l) full term, is eligible and would like to be considered for reappointment. The #erm will be for four (4) years ending July 1, 2014. Per Florida Statute, any person may be appointed to the Community Redevelopment Agency if he or she resides in or is engaged in business (which means owning a business, practicing a profession or performing a service for compensation, or serving as an officer or director of a corporation or other business entity} within the area of the agency which is coterminous with the municipality and is otherwise eligible for such appointment. The City Attorney has determined that anyone who resides within the City limits is eligible for appointment. A person cannot hold any other public office other than his/her commissionership or office with respect to the Community Redevelopment Agency. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached} A check for code violations and/or municipal liens was conducted. None were found with the exception of Mr. Howard Lewis who has been issued a public nuisance violation. The Case History Report has been attached for your review. Voter registration verification was completed and all are registered with the exception of Mr. Percy Mejia, Ms. Annette Gray and Mr. Mercatur Guerrier. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one {1) regular member to serve on the Community Redevelopment Agency for a four (4) year term ending July 1, 2014. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Community Redevelopment Agency for a four (4) year term ending July 1, 2014. http://miweb001/CouncilAgendalBluesheet.aspx?ItemID-3458&MeetinglD=263 7/2/2010 COMMUNITY REDEVELOPMENT AGENCY ~ YEAR TERM 20 N. Swinton Avenue De]rayBeach, FL 33444 10/09 TERM REGULAR MEMBERS OCCUPATION EXPIRES 07/01 /2013 Peter Arts, 15` Vice Chair Life Insurance Appt 07/05/05 /~¢pp~ ~ ~'"~ Rea~pt 06/16/09 07/01/2011 Thomas F. Carney, Jr., Vice Ck~aiar Attorney ~ 06/17/ Reappt 06/19/07 07/01/2013 Veronica Covington u~ ~r 02/20/07 qty Reappt 06/1G/09 SurVe111~T1ce 07/01 /2010 Howard Lewis, Chair Business Owner LTnerp Appt 04/15/03 iteappt 06/20/06 07/01 /2012 William Branning, Txeasurer Q5/o2/06 Contractor React 07/01/06 07/01 /2013 Cathy Balestriere ~ to/ob/o9 General Manager 07/01/2013 Herman Stevens Attorney Appt 06/16/09 Contact person Diane Colonna 276-864D 5/cityQerk/Soard 10/CRl~ Commissioner Liaison: Commissioner Eliopoulos Commissioner Fetzer COMM[TNITY REDEVELOPMENT AGENCY EXHIBIT A Annie Adkins Roof Attorney (currently serving on the Nuisance Abatement Board) lose Aguila Architect Waymon Dixon Ministry Margherita Downey Attorney Joseph Ferrer President-Entertainment Diane Franco Property Management-President (currently serving on the Downtown Development Authority) Bruce Gimmy Self employed (also applying for the Downtown Development Authority} Annette Gray Real Estate Broker (currently serving on the Public Art Advisory Board; also applying for the Downtown Development Authority) Mercator Guerrier President-CEO Jose Herrera Special Events Coordinator Howard Lewis Real Estate Associate Incumbent George Maso Real Estate Percy Mejia Project ManagerlArchitecture Jennifer Morris Planner Kenneth Peltzie Self-employed/Healthcare (also applying fox the Downtown Development Authority) Perry Rohan Real Estate (currently serving on the Affordable Housing Advisory Committee; also applying for the Downtown Development Authority) Sam Shannon Director of Community Development Nancy Stewart Business Owner (currently serving on the Downtown Development Authority) Harold Van Arnem Developer/Real Estate {currently serving on the Education Board and the Neighborhood Advisory Council; also applying for the Downtown Development Authority} Alan Weitz Banking {currently serving on the Affordable Housing Advisory Committee) kf W O x LaiNN~ t 9~ ~ I W~~ O U] F-~ ~ ~ ill H E ~ Q Ch F l-Y Q Lli H H ~ ~ ~ sA V] E ~n lr's s ~ fi] ~Kx7 ~ rkS trJ I"~ a t'4 ~ ~' f U3 F{ I-3 s O `~ •. ~ m ro w w m m L~ r3 V I o I FAN m wow ~N•~m to ,'~y ~I p I Fioi ~~.. rn ro warn •• o L;J H siy H lJl l~ I rt f pJ q ••.+ N ~ ~. o . ~~z n~ I ~ I ~ ~ ~ ., ~' W frt rr p U] ~ H cn p I O I i O (~+H O A+ x ro KJ ~' a I fj I b7 Y IIl .'7 (~, w ~• 01 a~ ~ O H f~ r~i ~I C O I 7i I p(p! p ~~ ~o ro ~` o ~w a ~ ~ ~~y E33i-' ~ ~ 1 n IP H ~ w• •. 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O o0 I ~ I m v ~~~ oo~t~- I.3'~,m I~ ~a I rn I ~ .. ~ ~ t~LJ ~CJN ~ bCil i ti i ~ W 7w ~~II~1 LIC]H '~;vU) C7afd'x' ~ i7"~ $y ~ ~ ~H~ w ~ i i N- N t"Gdt~ ~ri'zj~I~-kiJ~L~f~IFJ ~NLGp ~~0 h ~ ~L=i iP U3 3 3 R+ N O ~ t{~~ y (y ty r-I ~ H~~.,~~, U10 'x." ~(~ y H H H O .a Lli 3 I. w ~Va~3 C>}^{OIZigO~,`~H ~"H~ '~3rl,f"3~! o p ~ ~ ~ I ) ~ i-3iH ~ {~ xJ ('!} I~if ~1 CR !] F i ~ C7 t+~'za ~ ~1 bi 3 f H H kf fd H IF.f Is1 Iii tai ~' ~ C] ~i s I ya r"'a H Cld r'Lf ILJ (~J'./d1 IA C~ ~1 (i1 Ij.~~ uH I-Ci O C~i ~ i 1 y~'~I U}''IY ~' a p tom] Q H l-1 ~'i ~ ~ V] ~ ~"~ H ro In fk+'l s ~ ~ ~''3 ~ ~ I~1 •~ w u~,a n E I C.7 ~ O C~)f FV L~ ~ o H ~ ~ k f ~~ ~ p~fij r'I ~~ ~~ ~ ~z I I rr37cn a ~ ~ w~ ~y I I I•s H ~ ~ ~ p~tl ~ w w ~ [CSI a i w ~ ~ ~ ~ ~ ~~ 1^I N~ ~ i Intl n -e ~ ekr o ~ ~ ro ~ I ~i I t+ tji n I-j H o 7d I {'} I H3-3 x ~ ~~ '~ ~ or~'3-]N p i ~ k~-0 a ~ ,~ ~ ~ i tzi i ~ ~o to Ibt[rf[Isuroroli3rolnro w HC] m N~ ~ i ~ i ~i~ I-~ Eli t~1 Lxi C~ L=i t+i k+i K C!a O I-3 [~ ~i sP I I [n O ~-' f~ 'Zi ~ ~ ~ ~ En ~' N i I ~ I Lai z a~daaaaa~~~ ~~~ ~ o ~I rI ~ HH H1--3HHHHHw Li'I O I H I .7'. O0 In ~~~~~~~~i.~M+ Ql III""~~~ I ~ I ~~ L37° ~ N a I d l G] O IP f I Y xi c~' H +' ~ f I o Fy' ~ 1 I I h7~ N yW1W ,0~{ 1 I 00 3A IA C"' 1 I U7'~S] CJ N N H Lal of i I~ I m~ ~~ ~ can a \ ~ I z I ~ x ~ I ~ i I I H I I ~ d ~ ~ i ~ I ~ ~ 1 H I ~ I ~3 I I I I 1 1 ~ ~ ~ 1 I ~ ~ I I (2 I I H H I I a~ tll (~] ~ 'h1 ii H d I 1 i^a w H I 1 ~~ ~ I I ii i I E' w i I CJ O i s-3 I I ~ I I"'3 i '1"y 1 i ~ 1 I ~ 1 1 I I 1 13 I I I r~ I !~Iy l .. i i I~ I Ijl ~ I iP l ~ I i I I Y 1 ~J I sU O 1 ~ I !~ F3 I L~ I [rJ ~ H 1 I ~ 1 F 1 S 1 I H ~ i f Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 30, 2010 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF JULY 5, 2010 APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Downtown Development Authority. BACKGROUND The term for Mr. Seabron Smith, regular member on the Downtown Development Authority, will expire on July 1, 2010. Mr. Smith will have served an unexpired term, is eligible and would like !o be considered for reappointment. The term will be for three (3) years ending July 1, 2013. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City off cer or employee. There is a requirement that at least four of the members must be owners of real estate within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner ox of a lessee thereof so required to pay taxes thereon. A map of the Downtown Development Authority Boundary is included for your review. Currently serving on the Downtown Development Authority and meeting ownership and tax payment qualifications are Mr. David Cook, Mr. Fran Marincola, Mr. David Beale and Mr. Michael Listick. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations andbx municipal liens was conducted. None were found with the exception of Ms. Nancy Stewart .who has a civil violation lien on her property and Ms. Annette Gray who has been issued a public nuisance violation. The Case History Reports have been attached for your review. Voter registration verification was completed and all are registered with the exception of Ms. Annette Gray, Mr. Percy Mejia and Mr. Kenneth Kaltman. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one http://rr~iweb001/CouncilAgendalBluesheet.aspx`?ItemID=3447&MeetingID-263 7/2/2010 DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 64 SE 5~' Avenne Delray Beach, FL 33483 07/09 TERM REGULAR MEMBERS EXPIRES 07/01 /2011 David Beale 'Tax gl~alification [-TnexP Appt Q3/01/05 Reappt06/21/D5 07/01/08 07/01/2011 Chap' MiCl~ael LlSt1Ck 'Tax gLialifiCahOn Appt07/D1/08 , 07/01/2012 Fran Marincola, Vice Chair 'Tax qualification Appt o5/zo/o5 Reai~~t 06/15/09 07/01/2011 Diane Franco Appt osro~/n$ 07/01 /2012 David Cook Tax qualification Unexp Appt 05/15/07 Reappt 07/07/09 07/01 /2011 Nancy Stewart Reappt 07/01/08 Unexp Appt 07/11/06 07/01/2010 Seabron Smith 'Tax qualification i.3ne~.~p Appt 07/21/09 Contact arson Selma Kleinman 279-1380 X-15 Fax 278-0555 MembeislUp incxeased to 7 members on 47/01/99 S/CityClerk/Board 10/DDA Commi~~ion Liaison Mater McDufhie Commi~~ioner Eliopoulos DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT A Christopher Brown Mark Denkler Ronald Furst 7ennifer Garrison Bruce Gimmy Annette Gray Kenneth Kaltman Linda Lake Pearl Markfield Elrod Percy Mejia Kenneth Peltzie Perry Rohan Alexia Rouquette Seabron Smith Redevelopment Management Business Owner-Sales Retail-Business Owner Tax Qualification Self employed Consultant Self employed/Business Owner {also applying for the Community Redevelopment Agency} Tax Qualification Real Estate Broker (currently serving on the Public Art Advisory Board; also applying for the Community Redevelopment Agency) Field Auditor Tax Qualification Real Estate Realtor {currently serving on the Delray Beach Housing Authority) Architecture-Project Manager Selfernployed (also applying for the Community Redevelopment Agency) Real Estate (currently serving on the Affordable Housing Advisory Committee; also applying for the Community Redevelopment Agency) Tax Qualification Marketing/Public Relations (currently serving on the Delray Beach Housing Authority) Nan Profit-Executive Director Incumbent Harold Van Arnem Principal/Developer (currently serving on the Education Board & the Neighborhood Advisory Council; also applying for the Community Redevelopment Agency) ' ~ ~ ~- -. 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C~ ' L.} E E • L3 ~' C ' if] ~ G ~ ~ ~ 4` H k3 ( ~ ` ( ~ ix i µ y ~ ~' b ~ L'~ 7~ ~i, E ~J ' t' I-3 O li , r i t p ~ r r s• ` ~ L~ ~ k [ r ~' ro H C 1--i r'D H i ~~ ~~ ~ •• ~ ~ k l ~~ ~ ~ ro H~ *Z, Y/y E I zz Nz ~~+ Z f ~ 7 I I ~ , ~ 4 k i ~ ~ o ~ ~ L rJ o t~ H i IP'2i O '~-~ I--I ~-I r H I ~ N ~ ~ H b ~ 1 9 i ~ 0 l~ I I -uf ~ I I ~ w ~ W I ~ I ~ n ~ w ~ y i k O 00 r 1 ~ ~ i i aro ~ ~~ H ~ o ~ w t] i ; oax r t-i r~ ~ m l w I x o k.n ~ tit=] tai t.~ iFJ rn I Cq I H o n 0 0 ~ L ~ ty+3 ~ t7 Lz1 t7 L~1'.1 [~9 t~ t7 i i 1F.1 V] I ~ I `~ I I o xl b I 1 m O I 1 3 ~f ' Y, N w W W ~ r i o by \ \ \1 ~ [ I O~ oa N ww I I ap ro NIP O NN I I lB~ OO OO O OD • ~ O 6 ~J IP tp tp m Do t7 W `~ t S I IA 1 k ~ I lil m r O N ~ W \ ~ I I • O ~ F-I I 1 ~ ~ H ~ I I Ci7 r3 ~ '~-~ ~ a O tii ~ ~ I I OOCJ ~ Q 1 I I ~ I }.{ ~y 1 I ~ H I t !-I ~ ~ b ~T [i'f CA h-I (Z 1 1 O ~ b O C57 I ~~ r ~ ~ z I k ao H i i Q 1 3 ~ ~ ~ Cr ~ tit i i H N N C~ t-I I 1 p r7 t0 1o O ~ I I ~ i ~. ~., w F-I I I I ro W b a i ~ I ~~ d I I ` d i ~ I t I E ~'I L 1 l I H r I ~ I ~ wl •• \ r ~ 1 of I w r {j] k \ 1 3 OI tyE ro lD 1 ',p k ,b 1 ~ 3 H 1 I 1 3 I i I i k I w E i Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 30, 2010 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF JITLY 6, 201© APPOINTMENTS TO THE DELRAY BEACH HOUSING AUTHORITY ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Delray Beach Housing Authority. BACKGROUND The terms for Mr. Shelly Weil, Ms. Sylvia Morris and Ms. Choli Aronson, regular members on the Delray Beach Housing Authority, will expire on July 14, 2010. Mr. Weil, Ms. Morris and Ms. Aronson will have served unexpired terms, are eligible and would like to be considered for reappointment. There will be three (3} appointments made far three (3) regular members to serve four (4} year terms ending July 14, 2014. Per Florida Statute, Chapter 421, an appointee may not be an ofFcer or employee of the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Ms. Choli Aronson who is registered to vote in Broward County. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the recommendationlappointment will be made by Mayor McDuffie (Seat #5}, Commissioner Eliopoulos (Seat #1} and Commissioner Fetzer (Seat #2} for three (3} regular members to serve on the Delray Beach Housing Authority for four (4) year terms ending July 14, 2014. RECOMMENDATION Recommend appointment of three (3) regular members to serve on the Delray Beach Housing Authority for four (4} year terms ending July 14, 2014. http:I/rniweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3445&MeetingID=263 7/2/2010 DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 600 N. Cong~~ss Aveo.>.~, Suite 310B Delray Beacl"y FL 33445 03/10 TERM REGULAR MEMBERS EXPIRES 07/14/2012 Joseph Hepp, Vice Chair Unexpired Appt 10/21/08 07/14/2010 Shelly Weil Unexp Appt 04/07/09 0711 4120 1 0 Sylvia Morris Unexp Appt 07/10/07 07/14/2013 Shelly Petrolia Appt 07/07/09 10/27/2011 Christel Silver Appt 1116107 03106/20X4 Sandra Owens Appr o~laano 07/14/2010 Choli Aronson I7naxp Appt 05/19/09 Director: Dorothy E llington Contact: Nina Levina 272-6766 X-21 /Jackie X-I8 rllevineQ dbl7a.ozg Housing Authority Fax 278-4937 272-7352 5/CityClerk/Boazd 10/Delray Sezich Housing DELRAY BEACH HOUSING AUTHORITY EXHIBIT A Choli Aronson Nayda Cottone-Ovadia Edward Desmond WaymOn D1XOn Philip Friedman Pearl Markfield-Elrod George Maso Sylvia Morris Alexia Rouquette Shelly Weil Alan Weitz Incumbent {currently serving on the Public Erz~.ployees Relations COmmISSi011) (currently serving on the Nuisance Abatement Board) (also applying fox the Downtown Development Authority) Incumbent (also applying for the Downtown Development Authority) Incumbent (currently serving on the Affordable Housing Advisory Committee) Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 30, 2010 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF JULY 6, 2010 APPOINTMENTS TO THE CIVIL SERVICE BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an apointment to the Civil Service Board. BACKGROUND The terms for regular members Ms. Emily Dobard, Mr. Sidney Grossman and alternate member Ms. Elaine Calabrese will expire on July 1, 2014. Mr. Grossman will have served one (1} full term, is eligible and would like to be considered for reappointment. Ms. Dobard will have served two (2) full terms and is not eligible for reappointment. Ms. Calabrese will have served one (1) full term and would not like to be considered for reappointment. This will create vacancies for one (1) regular member and one (1) alternate member to serve two (2) year terms ending July 1, 2012. There will be three (3} appointments made for two (2) regular members and one (1) alternate member to serve two (2) year terms ending July 31, 2012. According to the Civil Service Act, there are to be five (5) regular members on the Civil Service Board; three (3) of whom axe to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise, and appointed by the City Commission. Eligible City employees elect two (2) regular members. In addition, there are two (2) alternate members. The appointees need not be a resident, property owner ox business owner within the City. The following individuals have submitted applications and would like to be considered for appointment: Name Background Carol Anderson Retired-Personnel Administration/Attorney (also applying for the Public Employees Relations Committee) Carol Clark Retired-Accounting Clerk http://miweb001/CouncilAgenda/Bluesheetaspx?ItemID=3460&MeetingID=263 7/2/2010 CIVIL SERVICE BOARD o4/a.a TERMEXPIRES REGULAR MEMBERS CURRENT OCCUPATION 07/01/2010 EmilyDobaxd, Chief Examiner Educator lJnQxp ~t 06/21/05 Reappt06/20/06 06/17/08 07/01 /2010 Sidney Grosszxlan amt o6/17/os Retired Civil Service Employees Association/Law Enforcen~nt 04/01 /2011 Eric L~~ Vice Chairperson Attorney i hiexp Appt 10/25/05 alt Reappt 07/11/Q6 alt Appt 03/20/07 reg Reappt04/07/09 04/29/2011 Jernvfer Reynolds Netvwrk Engineer Elected 04/27/05 Re-elected 04/2b/06 l2e-elected 04/26/07 lZe-elected 04/30/08 rte-elected 04/30/09 Re-elected 04/29/10 '04/29/11 KimberlyWynn Executive A4s~sistant/ Elected 04/29/10 da Coordinator ALTERNATES 07/01 /2010 Elaine Calabrese u;,e~ ~t oz/19/os RetiredPrincipal Reappto6/17/os Clerk/Typist 04/29/2011 Nfichael Vinci Assistant Planner Elected 04/30/09 reg Re-elected 04/29/10 alt Contact: Venice Cobb 243-7056 S/City©erk/Boanll0/CivO Service Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 30, 2010 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF JULY 6 2010 APPOINTMENT TO THE NUISANCE ABATEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Nuisance Abatement Board. BACKGROUND There is a vacancy on the Nuisance Abatement Board for an alternate member due to Ms. Wendy Smith being appointed for regular membership. The term is unexpired ending July 31, 2011. The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997, for the purpose of hearing evidence related to the existence of certain public nuisances on premises located in the City. The board consists of five regular members and two alternate members. Members shall be residents of, awn property, own a business or be an officer, director or manager of a business located within the City, and are appointed by an affirmative vote of at least four members of the City Commission. The following individual has submitted an application and would like to be considered for appointment: Barry Tunick A check for code violations and/or municipal Liens was conducted. None were found. Voter registration verification was completed and he is not registered to vote in the State of Florida. Based on the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1) for one (1) alternate member to serve on the Nuisance Abatement Board for an unexpired term ending July 31, 2011. RECOMMENDATION Recommend appointment of one (1) alternate member to serve on the Nuisance Abatement Board for an unexpired term ending July 31, 2011. http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3452&Meeting1D=263 7/2/2010 02/10 NUISANCE ABATEMENT TERMEXPIRES REGULARIVIEMBERS OCCUPATION 07/31 /2012 Wendy Smith Health Policy ~ ~ os/~s/o9 ate Consultant Appt 02/16/10 reg 07/31 /2011 Philip Friedmaxi Retired/Real E state/ ~ a7t03/ol/05 Financial Aid Itc.4+p}~taUnexp Reg3/31/05 AppE Reg Ol/17/Ob Reappt Reg03/05/07 Rea 03/17/09 07/31/2011 Annie Adki~~s-Roof Attorney Appt 03/17/(79 07/31 /2010 Linda Latu~ence-L,e~b Office Manager ait o4/o7/09 Reg o6/ls/o9 07/31/2011 Arline Sharmaxl Retined/Physical u~ ~ oz/o7/o6 TheraPY ~t~g~. R-appt03/05/07 03/17/09 ALTERNATES 07/31 /2011 Brian Smith Librarian ApptOb/16/09 07/31/2011 Vacant BOARD COUNSEL Steve D. Rubin, E sq POLICE LEGAL ADVISOR Cathy Kozol Contact: Venice Cobb s/c~yc/Board lomr~e .Abaten~lE Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: Tune 30, 2010 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OP JULY 6, 2010 APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION ITEM BEFORE COMMISSION This item is before the Commission far an appointment to the Public Employees Relations Commission. BACKGROUND There is a vacancy on the Public Employees Relations Commission due to alternate member, Mr. David Haycock, being appointed for regular membership. The term is for four (4) years ending June 30, 2014. Pursuant to Section 35.032 (A)(1}(a) of the City Code of Ordinances; the Commission shall be composed of three (3) members and one (1) alternate to be appointed by the City Commission. Members of the local Commission established pursuant to this division shall be appointed so that the composition of the local Commission is as follows: One appointee who is a person who, on account of previous vocation, employment ax off liation, is, or has been, classified as representative of employers; one appointee who is a person who, on account of previous vocation, employment ar affiliation, is, or has been, classified as representative of employees or employee organizations; and all other appointees, including alternates, shall be persons who on account of previous vocation, employment or off liation, are not or have not been classified as representative of employers or of employees or employee organizations. Neither the Chairperson nor any member shall be employed by, or hold any commission with, any governmental unit in the state or any employee oxganization while serving in that office. The appointee need not be a resident of the City of Delray Beach. The following individual has submitted an application and would like to be considered for appointment: Carol Anderson (also applying for the Civil Service Board) http:/Imiweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3454&MeetingID-263 7/2/2010 PUBLYC EMPLOYEES RELATIONS COMMISSION (PERC - 4 Year Term} o~/~o TERM MEMBERS CLASSIFICATION OCCUPATION EXPIRES REPRESENTING 08 /01 /2012 E dward Desmond Employer Rekail/Business Appt D5/21/02 alt ~~~. Rea~E 06/20/D6 alt D7/15/D8 01 /29 /2014 David Haycock Neural Liability Claims Uneap Appt D8/DS/08 alt Adjuster Unexp Appt D5/25/1D reg 06/30/2014 Paula Aridas Employee Shop Ste~nrard Appt D5/25/1D aLrERNa rE 06/30/2014 Neal Vacant GENERAL COUNSEL L Jeffrey Phetetson, E sq Suzanne Ward, Damon, Posner, A~,t~a byr~RC Phetelson and Bleau f 2.3/91 Contact: Venice Cobb 243-7056 S/CityQerk/Boan~ 1D/I'EILC Page 1 of 1 MEMQRANDUM TO: Mayor and City Commissioners FROM: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR THROUGH: DAVID HARDEN, CITY MANAGER DATE: July 1, 2010 SUBJECT: AGENDA ITEM 10.A. -REGULAR COM, MIS_S_ION MEETING OF JULY 6, 2010 CDBG ANNUAL ACTION PLAN (FY 2010-2011) ITEM BEFORE COMMISSION Consider approval of the Community Development Block Grant (CDBG) Annual Action Plan required by the United States Housing & Urban Development Department (HUD) for utilization of federal grant funds. (Staff requests this item be postponed until the August 3, 2010 City Commission Meeting due to problems with the advertisement.) http:l/rniweb001/CouncilAgendaBluesheetaspx?ItemID-347b&MeetinglD=263 7/2/2010 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Axny E. Alvarez, Historic Preservation Planner Paul Darling, AICP, Planning and Zoning Department THROUGH: City Manager DATE: July 1, 2010 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF JULY 6, 2410 ORDINANCE NO. 09-10 (h'IRST READINGI~'IRST PUBLIC HEARING )[TEM BEFORE COMMl<SSION The item before the City Commission is that of approval of aCity-initiated text axx~.endment to the Land Development Regulations with the intent to clarify the "medical office" use, by specif tally adding this use to multiple zoning districts based on current and past practices. BACKGROUND On October 20, 2009, the City Commission adopted Ordinance 50-09, which revised the definition of the term "Professional Office" to specify that the definition "does not include medical office." This revision created an unintended result, which was the exclusion of medical office uses in zoning districts where they had been previously permitted and allowed under the broader professional office use category. The following zoning districts will now specificly include the "Medical Office" use: ^ General Commercial ^ Central Business District ^ Planned Office Center ^ Professional and Office District ^ Residential Office In addition, the term "Clinic" is revised to "Medical Clinic," and additional changes are made to highlight the more expansive service, i.e., outpatient surgery allowed within these facilities. A new term "Medical Laboratory" and a corresponding definition are also included, as well as a revision to the "Professional Off ce" definition to include specific examples. Additional explanation and analysis is provided in the attached Planning and Zoning Board Staff Report dated June 21, 2010. http://miweb001/CouncilAgendaBluesheet.aspx?ItemID--3472&MeetingID=263 7/2/2010 .PLANNING: AND'ZONING BOARD STAFF REPORT MEETING DATE: JUNE 21, 2010 AGENDA NO: IV. B. ITEM: CONSIDERATION OF ORDINANCE OS-10 FOR A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL. COMMERCIAL DISTRICT", SUBSECTION {B}, "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT", SUBSECTION {B}, "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4,4.15, "PLANNED OFFICE CENTER DISTRICT", SUBSECTION {B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.16, "PROFESSIONAL AND OFFICE DISTRICT", SUBSECTION (B], "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.17, "RESIDENTIAL OFFICE DISTRICT", SUBSECTIONS {B}, "PRINCIPAL USES AND STRUCTURES PERMITTED", AND {G}, "SUPPLEMENTAL DISTRICT REGULATIONS", TO SPECIFY AND CLARIFY MEDICALLY RELATED USES; AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT REVISED OR NEW DEFINITIONS FOR "MEDICAL CLINIC", "MEDICAL LABORATORY", "MEDICAL OFFICE", AND "PROFESSIONAL OFFICES". IT-EM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on Ordinance 09-10 for aCity-initiated amendment to the Land Development Regulations {LDR) pertaining to Medical Office uses. Pursuant to Section 1.1.0, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND 1 ORDINANCE DESCRIPTION On October 20, 2009, the City Commission adopted Ordinance 50-09, which revised the definition of the term "Professional Office" to specify that the definition "does not include medics[ office." This revision created an unintended result, which was the exclusion of medical office uses in zoning districts where they had been previously permitted and allowed under the broader professional office use category. It is noted that while a reference is being added to specifically add "medical offices" to each of the following zoning categories, it is codifying current and past practices: ^ General Commercial ^ Central Business District ^ Planned Office Center ^ Professional and Office District ^ Residential Office Planning and Zoning Board Staff Report, June 21, 2(110 Ordinance 09-1 Q: Arnendmen# to LDRS Regarding Medical Office Uses Page 3 ASSESSMENT AND CONCLUSION" The purpose of this City-initiated LDR text amendment is to bring consistency within the Land Development Regulations with respect to medical office uses and their associated definitions. Therefore, positive findings can be made with respect to LDR Section 2.4.5(M}(5). REGOMMENDED ACTION Move a recommendation of approval to the City Commission for Ordinance 09-10, a City- initiated amendment to the Land Development Regulations, by adopting the findings of fact and !aw contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M}(5}. Attachment: Ordinance 09-14 ORDINANCE NO. 09-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUC'T'URES PERMITTED"; SECTION 4.4.13, "CEN'T'RAI. BUSINESS DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.15, "PLANNED OFFICE CENTER DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.16, "PROFESSIONAL AND OFFICE DISTRICT", SUBSECTION (B}, "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.17, "RESIDENTIAL OFFICE DISTRICT", SUBSECTIONS (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO SPECIFY AND CLARIFY MEDICALLY RELATED USES; AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT REVISED OR NEW DEFINITIONS FOR "MEDICAL CLINIC", "MEDICAL LABORATORY", "MEDICAL OFFICE", AND "PROFESSIONAL OFFICES" PROVIDING A SAVING CLAUSE, A GENER_AI_. REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the Cite of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Delray Beach; and WHEREAS, pursuant to LDR Section. 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 21, 2010 and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). * ~b Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, indoor shooting ranges, museums, libraries, newsstands, commercial or public parking lots and parking garages, theaters excluding drive-ins. (5) Dwelling units in the same structure as commercial uses provided that: commercial uses zx~ust be provided on the ground floor; commercial uses on the ground floor must occupy no less than 25% of the total structure excluding square footage devoted to vehicular use; residential uses are not located on the ground level; residential uses and non-residential uses are physically separated and have separate accessways; and the residential density does not exceed 12 units per acre, except the Four Corners District which may have a free standing residential building as part of amulti-building unified master plan or the residential component may be a part of a single mixed use building. The density of the Four Corners Master Plan shall not exceed 30 dwelling units per acre and is subject to the provisions under Section 4.4.9 (G)(3}(d)(4). (6) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spixitualists, numerologists and mental healers, subject to the locational restrictions of Section 4.4.9(F~(3). (7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3{I). Section 3. That Article 4.4, `Base Zoning District", Section 4.4.13, "Central Business District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B}Principal Uses and Structures Permitted: The following types of use are allowed within the CBD District as a permitted use: {1) General retail uses including, but not lirxxited to: (a} Antiques, arts and crafts, automotive parts, baked goods; books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies acid slipcovers, medicines and prescriptions, electrical Mures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. (2) Business, pProfessional, and Medical uses pursuant to restrictions set forth u3 Section 4.4.13{II)(1) including, but not limited to: ORD No. 09-10 (5) Medical offices ' (6) Medical Clinics {Fr}.~7~ Medical and dental laboratories. {~),($). Professional offices. ~S9} Photographic studios. {~I-} 10 Real estate, insurance, accounting, travel arrangements and similar services. Section 5. That Article 4.4, `Base Zoning District", Section 4.4.16, "Professional and Office District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the POD District as a permitted use: (1) Professional Offices such as accountants, architects, attorneys, chiropractors, dentists, engineers, independent trustees, landscape architects, opticians, optometrists, osteopaths, physidans, psychologists, surgeons, and interior designers. equipment. (2) General Business Offices for businesses without outside storage of inventory or (3) Banks and P'inancaal Institutions including drive-through facilities. (4) Finance, insurance, travel, and real estate services. (5) Medical Offices (~ Medical Clinics Section 6. That Article 4.4, `Base Zoning District", Section 4.4.17, "Residential Office District", Subsection (B}, "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, l?'lorida, shall hereby be amended to read as follows: (B) Principal Uses and Strictures Permitted: The following types of use are allowed within the RO District as a permitted use: (1) Single family detached dwelling units. (2) Duplex structures. (3) Business, pProfessional~and Medical offices. 5 ORD No. 09-10 PROFESSIONAL OFFICES A business that offers services to the public by those vocations in which professed attainments in special knowledge are practiced, as distinguished from mere skills, and shall be limited to those professions so classified by the Laws of klorida, and which are conducted as professions and not as a trade or other business, such_as_ attorneys, engineers, architects, and other similarly licensed brofessionals. PROFESSIONAL OFFICES do not include offices for the trearinent of animals on the premises. This definition does not include a Medical Office. Section. 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole ox part thereof other than the part declared to be invalid. Section 10. That aIl ordinances ox parts of ordinances in conflict herewith shall be, and the same axe hereby repealed. Section 11. That this ordinance shall become effective ixntx~ediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and :final reading on this day of , 2010. ATTEST: MAYOR City Clerk First Reading Second Readin 7 ORD No. 09-10 Page 1 of 2 MEMQRANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Planning and Zoning Director THROUGH: City Manager DATE: June 30, 2010 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF JL]I,Y 6, 2410 ORDINANCE NO. 11-10 IRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION The item before the City Commission is that of approval of aCity-initiated text amendment to the Land Development Regulations to amend Section 4.3.3(Y), Bed and Breakfast Inns, add Bed and Breakfast Inn as a conditional use in the RM (Multi-Family, Medium Density) zoning district, and modification of the related special requirements. BACKGROiTND Bed and Breakfast Inns are currently allowed as permitted uses in designated histoxic structures within the OSSHAD and CBD zoning districts (except in the West Atlantic neighborhood). They are allowed in the RO and CBD in the West Atlantic Neighborhood as conditional uses. The subject Ordinance adds the Bed and Breakfast Inn use as a conditional use within the RM zoning district and amends the Bed and Breakfast Inn regulations as follows: • Establishes a minimuzxz separation of 300' between Bed and Breakfast Inns within the RM district; • Provides parking regulations which assure parking is provided in a manner that will not detract from the character of the property or neighborhood; • Allows historic structures to add bathrooms to accommodate the use (the current regulations do not permit the expansion of the historic structures); and, • Limits activities allowed with the use, more specifically limiting ~ events to guests staying at the facility. The Ordinance maintains the requirement that Bed and Breakfast Inns may only be established in an historic structure which has either been individually designated or classified as contributing within a designated historic district. Other requirements which currently exist in the LDRs and are being maintained andlor clarified include: • That 1 parking space per unit and 1 parking space for the property owner be provided; • That the property owner must reside on the property; httpa/miweb001/CouncilAgendalBluesheet.aspx?ItemID=3464&MeetingID-263 7/2/2010 MEETING DATE: JUNE 21, 2010 AGENDA NO: IV.D. ITEM: CONSIDERATION OF CITY-WITIATED AMENDMENTS TO THE LAN^ DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (Q}, "GUEST COTTAGE", SUBSECTION (Y}, "BED AND BREAKFAST INNS", AND SUBSECTION (ZZZ}, "TRANSIENT RESIDENTIAL USE", TO CLARIFY AND AMEND BED AND BREAKFAST INN USE REQUIREMENTS; AMENDING ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL [R-1) ^ISTRICTS", SUBSECTION (D}, "CONDITIONAL USES AND STRUCTURES ALLOWED"; SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SUBSECTION (D}, "CONDITIONAL USES AN^ STRUCTURES ALLOWED"; AND SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION {D}, "CONDITIONAL USES AND STRUCTURES ALLOWED", TO ADD BED AND BREAKFAST INN AS A CONDITIONAL USE, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", AND SUBSECTION (D], "CONDITIONAL USES AND STRUCTURES ALLOWED"; SECTION 4.4.17, "RESIDENTIAL OFFICE (RO} DISTRICT", SUBSECTION (D}, "CONDITIONAL USES AND STRUCTURES ALLOWED"; AND SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES", TO CLARIFY BED AND BREAKFAST INN USES; AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT REVISED DEFINITIONS FOR "BED AND BREAKFAST INN" AND "GUEST COTTAGE". ITEM BEFORE THE:BOARD The item before the Board is that of making a recommendation to the City Commission on Ordinance 11-10 for City initiated amendments to the Land Development Regulations (LDR) pertaining to Bed and Breakfast Inn uses. Pursuan# to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND 1 ORDINANCE-DESCRIPTION- Bed and Breakfiast Inns are currently allowed as permitted uses in designated historic structures within the OSSHAD and CBD zoning districts (except in the West Atlantic neighborhood). They are allowed in the RO and CBD in the West Atlantic Neighborhood as conditions! uses. The Planning and Zoning Board Staff Report, June 21, 2010 Ordinance 09-1 D: Amendment to LDRs Regarding Bed and Breakfast lJses Page 3 Comprehensive Plan. The following Objective was found to be applicable to the subject amendments: Future Land Use Objective A-4 The redevelopment of land and buildings shall provide fvr the preservation of historic resources. The objective steal! be met through continued adherence to the City's Historic Preservation Ordinance and, where applicable, to architectural design guidelines through the following policies: The subject amendments are consistent with the aforenoted Objective, as the ability to redevelop a property and reuse a designated or contributing historic structure as a Bed and Breakfast Inn will "provide for the preservation of historic resources." Therefore, positive findings can be made with respect to Section 2.4.5(M)(5). C ~ = RBVlEW BV ©THERS _ -- -~ The West Atlantic Redevelopment Coalition {WARC) reviewed Ordinance 11-10 at their June 8, 2010 meeting and a recommendation of approval was made. The Community Redevelopment Agency (CRA] reviewed Ordinance 11-10 at their June 10, 2010 meeting and a recommendation of approval was made. The Downtown Development Authority (DDA} reviewed Ordinance 11-10 at their June 14, 2010 meeting and a recommendation of approval was made. The Historic Preservation Board ~HPB} reviewed Ordinance 11-10 at their June 16, 2010 meeting and a recommendation of approval was made on a vote of 6 to 0 with the recommendation to extend the currently proposed fourteen (14) day maximum to twenty-one (21) days. The Pineapple Grove Main Street (PGMS} committee will review Ordinance 11-10 at their July 7, 2010 meeting and a recommendation will be forwarded to the City Commission. Courtesy notices were provided to the following associations: ^ Neighborhood Advisory Council ^ Chamber of Commerce ^ (PROD} Progressive Residents of Delray Del-Ida Park Neighborhood Association Letters of objection and support, if any, will be provided at the meeting. ASSESSMENT RND CQNCLUSION The purpose of this City-initiated LDR text amendment is to provide an additional alternative to the adaptive reuse of historic structures, that are designated as contributing and located within a historic district, or individually designated. Bed and Breakfast Inns are an additional means of economic and tourism development and will cater to Delray Beach visitors who prefer destinations rich with cultural and heritage tourism options. Further, the expansion of this use into other zoning districts allows for the accommodation of additional visitors to Delray Beach. The Bed and Breakfast Inns may also grant visitors an otherwise missed opportunity to see the "Village By the Sea" from a mare local perspective. ORDINANCE NO.11-10 AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACI~ FLORIDA, AMENDING THE QTY'S LAND DEVELOPMENT REGULATIONS, BY AIVIENDING ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (Q), "GUEST COTTAGE", AND SUBSECTION (Y), "BED AND BREAKFAST INNS", TO AMEND AND CLARIFY THE REQUIREMENTS FOR BED AND BREAKFAST INNS; AMENDING ARTICLE 4.4, `BASE ZONING DISTRICT'", SECTION 4.4.6, "1VIEDIUM DENSITY RESIDENTIAL (I~ DISTRICT", SUBSECTION {D}, "CONDITIONAL USES AND STRUCTURES ALLOWED", TO ADD BED AND BREAKFAST INN AS A CONDITIONAL USE; AMENDING SECTION 4.4.13, "CENTRAL BUSINESS {CBD) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", AND SUBSECTION (D}, "CONDITIONAL USES AND STRUCTURES ALLOWED"; SECTION 4.4.17, "RESIDENTIAL OFFICE {RO) DISTRICT", SUBSECTION (D}, "CONDITIONAL USES AND STRUCTURES ALLOWED"; AND SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT", SUBSECTION {B), `"PRINCIPAL USES AND STRUCTURES", TO CLARIFY BED AND BREAKFAST INN USES; AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT REVISED DEFINITIONS FOR "BED AND BREAKFAST INN", AND "GUEST COTTAGE"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE . WHEREAS, the City Co~~on of the City of Delray Beach has the authority to xxia[ce regulations perrair-~zg to land use and developrr~nt within the City of Delray Beach; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviev~d the proposed text annendz~t at a public hearing held on June 21, 2010 and voted 6 to 0 to recoiYU~~d that the amendments be approved; and desz~nated historic cistrict, as listed in Section 4.~.1~L}: and which are a permitted ox conditional use within the zoning district. ~b Not within 300' of another Bed and Breakfast I measured lot line to lot line in a strai t line when located within the Mediurr~Densi Multi Famil district (~-2) Pam: f a) Parking shall comply with the rec~uirernents in Section 4.6.9. fb) One (1} parking space shall be provided for the manager/owner„a~d.,,,one (1) nor .long space Shall be provided for each 1c.} All_reauired parking shall be provided in a manner which will not detract from the character of either the neighborhood or the historic p%perty. No designated ;king spaces maybe located within the front ar side-street seEback areas. d Circular drivewa and or tandem kin ces with a xnaxilrnzm two 2 car are (e) Na parking ma~rbe provided.~lia mechanical lift. (~3} Common Area: Within each Bed and Breakfast Inn, a common area must be provided for a central dining area anal for, at least, one (1) reading/discussion/livingropm (~) T.r...1.wo.._ ..a r~i.,...,.,....,_ ,.r ~ Guest Rooms: abe~ae-row (a) There shall be no cooking facilities or food storage facilities in any guest room. dal Guest rooxr~ do not have to contain bathroom faalities. {b) The number of bedrooms ,axe provided for guest use shall be as e~dsted when the structure WdS Originally COnst~'l1Ct~ With 5l3bSTe0~, ~ „2~C~~ltLO2~.S, Lll11eS5 xxwdifications are necessary to comply with Building, Fire, and/ar Health codes. An be used for pa~ing~sts. {45) Meals: . Breakfastt shall be the only 3 OIZD No.11-10 (3} Private ech.~c:ational facilities subject to the restrictions set forth in Section 4.3.3(FII~I). (4) Churches, or places of warship, and their attendant ed~ational, nursery, Sunday school, recreational, and columbariinn facilities. The foregoing does not allow establiGhm~,t- of educational and care uses such as elementary school and general day care; however, such uses maybe established by a separate conditional use application for child care or rezoning to CF, as appropriate- (5) Nursing homes. {fi) The use of common recreational facilities such as swi~.mning pools, tennis courts, and golf courses (associated with a subdivision) for club or corrnnercial purposes. (7) Single family detached residences in zero lot developments. (8) Yacht club with facilities. (9} Dock master facilities when associated with a multi family development which leas a marina (10) Private beach clubs with attendant recreational, dining and related accessoryfacilities within one of the following areas: {a) the area lying south of Atlantic Dunes Park and east of State Road A1A, or (b) south of Casurina Road, north of Bucida road, and east of State Road A1A. (11) Multiple family residential development Y exceed twelve (12) units per acre, up to a maxims-~~„ of twentyfour (24) units per acre within the Southv~st Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4b{I), Article 4.7, and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan (12) Multiple family residential development may exceed twelve (12) units per acre, up to a maximi_~m of twentyfour (24) units per acre within the Carver Estates Overlay District as defined in Section 4.5.11 and up to a rnaxirnum of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7. (131 Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.31' Section 5. That Article 4.4, 'Base Zoning District", Section 4.4.13, "Central Business (CSD) District", Subsection (B), "Principal Uses and Stnx~hmes Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall herebybe amended to react as follows: (B)Principal Uses and Structures Perxx~.itted: The following types of use are allowed within the CSD Distr.'cct as a pern~itted use: (1) General retail uses including, but not limited to: {a} Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering cheeses, beer, wine, liquor, confectioneries, cosn-~Eics, meats, draperies and 5 ORD No.11-10 (D} Conditional Uses and Structures Allowed: The following tses are allov~ed as conditional uses within the CBD District: (~) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D. (2) Amu~n~nt gatre facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated gz+rr~es when an attendant is on duty. (3) Q1ild care and adult daycare. (4} Financial institutions, e.g., banks ~ similar institutions including drive through facilities pursuant to restrictions set forth in Section 4.4.13(I~(1). (5) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. (6) Gasoline stations or the dispensing of g~solirre directly into vehicles, except that such use shall not be allov4ed in the West Atlantic Neighborhood, the Beach District, nor on lots which front along Atlantic Avenue or N.E. 2~ Avenue {a/k/a Pineapple Grove Way), beginrrhrg at a point 105' south of N.E. 4~ Street. ('~ Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skatingrirrlcs. {8) Veterinary clinics. {9) Movie theaters, excluding drive-ins. (10} Playlwuses, dinner theaters, acrd places of assembly for corr>mexcial errterfaulrnent purposes (e.g., concerts, live performances}. (11} Flea markets, bazaars, merchandise marts, and similar retail uses {12) Wash establishment, with automatic/rr~chanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. Further, this use must be established on property with a mininrmn lot area of 20,000 sq ft. (13) Multi-family dv+~lling units, excluding duplexes, at a density greater than thirty (30) units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards acrd limitations of Section 4.4.13(T). (14) Group Haxrre, Type 2 and Connxnrz~uty Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I}. (15} Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required parking as valet parking subject to the provisions of Section 4.6.9(F)(3). 7 ORD No.11-10 {4} Retail sales through specialty shops {single purpose businesses) such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and drug stores. (5) Arts related businesses such as craft shops, galleries, and studios within which is conducted the pl~eparatian of, display of, and/or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. (6) Educational and/or Instnrctional activities including training. vocational, or craft schools, the arts, personal development, and libraries, muselnns, and social and philanthropic institutions. (7) Restaurants of a sit dawn nature such as a cafe, snack shop, full service dining but excluding anydrive-in and/ar drive-through faalities or features. (8) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists. (9) Bed and Breakfast Inns, subject to the provisions of LDR Section 4_.3.3(Y~ (10} Catering services not associated with a restaurant, subject to the special regulations of Section 4.4.24(I~. (11) Group Home, Type 1, ptn~uant to restrictions set forth in Section 4.3.3(1). (12) Vl~ithin the fallowing described areas, the uses allowed as permitted uses in Section 4.4.13(B) pursuant to the base district and special regulations of the Central Busine~ District regulations skulk also be allowed in the OSSHAD: (a) Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7 and 19-24, Block 69 (d) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (e) Lots 1- 6, Block 76 (13) Assisted Living Facilities Section 9. That Appendix •,A", "DeEu~ifions", of the L,atld Development Regulations of the Code of Ordinances of the City of Delray Beach, Florkda, is hereby amended as follows: BED AND BREAKFAST INN: A use within a deli ted historic or contributin structure ix which fl~es~-is provideds temporar~r overnight guest accommodations ~ for rent to nonpern~lent residents. GUEST COTTAGE: An accessory building used exclusively for housing members of the family occupying the principal dwQlling, their nonpaying guests, is at a Bed and Breakfast Inn, ar persons employEd 9 ORD No.11-10 Page 1 of 2 MEMQRANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director PIanning and Zoning THROUGH: City Manager DATE: July 1, 2010 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JULY 6 2010 ORDINANCE NO. 12-10 ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations (LDRs) that will revise the definition of Pharmacy. BACKGROUND Pharzacy is currently deftned in the City's LDRs as a retail establishment primarily offering goods for retail sale and on-site dispensing of prescription drugs, non-prescription drugs or both. A retail pharmacy may also offer accessory services such as photo processing, eyeglass care, etc. The proposed new definition of Pharmacy originally included the following additions: "No more than 50% of the total building or floor area of the business shall be devoted to the sale and storage of prescription drugs. Further, no more than 50% of total sales can be derived from the sale of Schedule 11 controlled substances as listed in Florida Statute 893.03. All pharmacies shall be staffed by a state licensed pharmacist." These changes are to follow-up on recent changes to medical office regulations which address recent practices (pain clinics), including prescribing and distributing Class II, III, and IV narcotic prescription drugs at these facilities. These recent changes prohibited the distribution of these substances at medical offices, and only allowed them to be dispensed at pharmacies. It was anticipated that distribution would only occur at conventional pharmacies (CVS, Walgreens, etc.). To assure that the original intent of the Ordinance is met and to minimize the potential for abuses, clarification of what constitutes a pharmacy is now being considered. REVIEW BY OTHERS The Planning and Zoning considered the request at their June 21, 2010 meeting. There was a significant http://miweb001/CouncilAgendalBluesheet.asps?ItemID~3474&MeetingID=263 7/2/2010 ORDINANCE NO. 12-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT A REVISED DEFINITION FOR `P'HARMACY", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, the City Coiiatnission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Cotntx~ission of the City of Delray Beach has the authority to make regulations pertaining to land use and developzx~ent within the City of Delray Beach; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoturig Board reviewed the proposed text amendment at a public hearing held on June 21, 2010 and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agenry, has determined that the change is consistent with and fizrthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW TI IEREFOItE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Appendix "A", "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended as follows: PHARMACY Shall mean a retail establishment primarily offering goods for retail sale and on-site dispensing of prescription drugs, nonprescription drugs or both. A retail pharmary may also offer accessory services such as photo processing, eyeglass care, etc. No more than 25°/o of total sales can be derived from the sale of Sched ale 11 controlled substances as listed in Florida Statute 893.03 All,,,pharmacies shall be staffed b a state licensed harmacist. PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JUNE 21, 2a1a AGENDA NO: IV, A. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULAT10N5 (LDR}, AMENDING APPENDIX "A", "DEFINITIONS", TO REVISE THE DEFINITION OF PHARMACY. __T_ :BOARD ITEM BEFORE THE The item before the Board is to make a recommendation to the City Commission regarding a city-initiated amendment to Land Development Regulations (LDRs) that will revise the definition of Pharmacy. 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. - _- _ BACKGROUNDIANALYSIS Pharmacy is currently defined in the City's LDRs as a retail establishment primarily offering goods for retail sale and on-site dispensing of prescription drugs, non-prescription drugs or both. A retail pharmacy may also offer accessory services such as photo processing, eyeglass care, etc. The new definition of Pharmacy includes the following additions: "No more than 50% of the total building or f{oor area of the business shall be devoted to the sale and storage of prescription drugs. Furfiher, no more than 50% of total sales can be derived from the sale of Schedule Il controlled substances as listed in Florida Statute 893.x3. All pharmacies shall be staffed by a state licensed pharmacist." Schedule If controlled substances are currently accepted, but have a severely restricted medical use in treatment in the United States (usually for severe chronic pain and cancer patient use) because they have a high potential for abuse. Abuse of the substances may lead to severe psychological or physical dependence. These changes are to follow-up on recent changes for medical office regulations which address recent practices (pain clinics}, including prescribing and distributing Class II, III, and IV narcotic prescription drugs at these facilities. These recent changes prohibited the distribution of these substances at medical offices, and only allowed them to be dispensed at pharmacies. It was anticipated that distribution would only occur at conventional pharmacies (CVS, Walgreens, etc.). To assure that the original intent of the Ordinance is met and to minimize the potential for abuses, clarification of what constitutes a pharmacy is now being considered. Planning and Zoning Board Meeting, June 21, 2Q09 LDR Amendment -Amended definition of the term "Pharmacy" ORDINANCE N0.12-10 AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT A REVISED DEFINITION FOR "PHARMACY", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WI AREAS, the City Commi~.~ion of the City of Delray Beach has the autfwrity to protect the health, safety and v~lfare of its citizens; and WHEREAS, the City Commi.~sion of the City of Delray Beach has the authority to make regulations pertair~lg to land use and development within the City of Delray Beach; and WI~REAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewc~cl the proposed teat air~~d~nent at a public hearing held on June 21, 2010 and voted _ to _ to recommend that the changes be approved; and VVI AREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Boarcla sitting as the Local Planr-ing Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Cornprel~ensive Plan and WHEREAS, the City Cor~-+mi~Gion of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Concession of the City of Delray Beach finds the ordinance is consistent with the Co~~.sive Plan. NOW THEREFORE, BE IT ORDAINED BY THE QTY COMivICSS10N OF THE QTY OF DELItAY BEACH, FLORIDAAS FOLLOWS: Section 1. That the recitations set forth above are incorporated hereir-. Section 2. That Appendix "A", "Definifions", of the Land DeveJop~nent Regulations of the Code of Ordinances of the Cityof DelrayBeach, Florida, is herebyamalded as follows: PHARMACY Shall mean a retail establishxz~ent primarily offering goods for retail sale and on site dispensing of prescription drugs, nonpresc~lption drugs or both A retail pharmacy may also offer accessory services such as photo processing eyeglass care, etc. No more than 50% of the total building or floor area of All harrnacies shall be staffed b a state licensed harcnacist. Section 3. That should any section or provision of this orduu~ce or any portion thereof, any paragraph, sentence, or vwrd be declared by a court of cozr~peterit jurisdiction to be invalid such 3 Page 1 of 1 MEMQRAN~DUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, A1CP, Director Planning and Zoning THROUGH: City Manager DATE: June 29, 2010 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF JULY 6, 2010 ORDINANCE NO. 15-10/FIRE PROTECTTON PROVISION ITEM BEFORE COMMISSION Consideration of aCity-initiated (Fire Department) amendment to the Land Development Regulations (LDRs) Section 6.1.10, "Water System", to eliminate a fire protection provision that conflicts with the Florida Fire Prevention Code. BACKGROiIND The proposed amendment to Section 6.1.10, "Water System", is to eliminate a Fire Protection Provision that states, "No object, structure, planting or abstraction of any kind shall be permitted to grow or extend within five feet of any fire hydrant or fire department connection and a three foot opening shall be maintained at all times for access thereto." This provision is not necessary, since it is less restrictive than the Florida Fire Prevention Code, which requires a 4' rear and 7.5' front/side clear area. The required opening is created by adherence to these clear areas. Pursuant to LDR Section 2.4.5(M){5), approval of an LDR amendment must be based upon a Ending that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment sloes not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on June 21, 2010. The Board unanimously recommended approval on a 6 to 0 vote {Deborah Dowd absent), by adopting the findings of fact and law contained in the staff report and fmding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(I1~ of the Land Development Regulations. No one from the public spoke on this item. RECOMMENDATION By motior-, approve on first reading Ordinance No. 15-10, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. httpalmiweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3436&MeetinglD=2b3 7/2/2010 ORDINANCE NO. 15-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 6.1.10, "WATER SYSTEM", TO DELETE A STANDARD THAT CONFLICTS WITH THE FLORIDA FIRE PREVENTION CODE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 21, 2010 and voted G to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.317~F(4}(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent -with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the ftndings in the Planning and Zoning Staff Report; and WHEREAS, the City Cotxa.txaission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section L That the recitations set forth above are incorporated herein. Section 2. That Section 6.1.10, "Water System", of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: Section 6.1.10 Water Systexxt: (A} Required: Water mains properly connected with the City water supply system shall be provided as to adequately serve all lots and sites shown on a subdivision plat for the purpose of both domestic use and fire suppression. Pertinent specifications from the City and other regulatory bodies must be followed. (B} Design Standards: iv Areas with divided or multi lane road systems should have hydrant distribution on both sides of the highway, utilizing spacing criteria listed above when existing and proposed parallel xx~ains will support this criteria. =fv,~, Measurement of spacing shall be by way of road travel. > > (d c)Fire flow shall be based on the most recent Insurance Service Office (ISO) table for deter~xzinng fire flow requirements. Buildings which are protected throughout with complete automatic fire sprinkler protection in accordance with the appropriate National Fire Protection Association ~et Standard 13 shall only be required to meet the flow requirement within that standard. The Fire Chief may modify fire flaw requirements in consideration of unusual circumstances or building features and process hazards. The Engineer of Record will submit to the Public Utilities Department with the preliminary water distribution drawings, two (2) copies of the hydraulic calculations for verifying required fire flow, signed and sealed by a registered professional engineer in the State of Florida. The Engineer of Record will perform fire flow tests in the presence of the Public Utilities Department Inspector. (e d)A double check valve assembly shall be the rninirnum requitement on all fire suppression water lines longer than twenty-five (25} feet. The double check valve assembly shall be installed within twenty-five (25) feet of the distribution line. The assembly shall be installed in accordance with the Public Utilities Departtxaent`s latest specification and standard details. The double check valve assembly on the fire suppression water line shall not be required if an active water service connection with required backflow prevention device is tapped within twenty-five (25) feet of the end of the fire suppression line. (C) Canstructivn Requirements and Standards: (1) To eltnvnate future street openings, all underground work shall be completed prior to paving of new streets. Where paving exists, water mains shall be installed through bore-n-jack methods. 3 ORD. NO. 15-10 PLANNING A 3 ` MEMORAND MEETING DATE: JUNE 21, 2010 AGENDA NO: IV.E. ZONING BOARD STAF>` REPORT AGENDA ITEM: AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 6.1.10, "WATER SYSTEM", TO ELIMINATE A FIRE PROTECTION PROVISION THAT CONFLICTS WITH THE FLORIDA FIRE PREVENTION CODE. ~ ITEM BEFORE THE;BOARD The item before the Board is that of making a recommendation to the City Commission regarding aCity-initiated (Fire Department} amendment to the Land Development Regulations (LDRs} Section 6.1.10, "Water System", to eliminate a fire protection provision that conflicts with the Florida Fire Prevention Code, pursuant to LDR Section 2.4.5{M). Pursuant to Section 1.1.fi{A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUNDAND ANALYSIS ' The proposed amendment to Section 6.1.10, "Water System", is to eliminate a Fire Protection Provision that states, "No object, structure, planting or obstruction of any kind steal! be permitted to grow or extend within five feet of any fire hydrant or fire department connecfion and a three foot opening steal! be maintained at al! Times for access thereto."This provision is not necessary, since it is less restrictive than the Florida Fire Prevention Code, which requires a 4' rear and 7.5' frontlside clear area. The required opening is created by adherence to these clear areas. Pursuant to LDR Section 2.4.5(M)(5}, approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. RECOMMENDED ACTION By motion, recommend to the City Commission approval of the amendment to the Land Development Regulations Section 6.1.10, "Water System", to eliminate a fire protection provision that conflicts with the Florida Fire Prevention Code, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: ^ Proposed Ordinance No. 15-10 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Planning and Zoning Director THROUGH: City Manager DATE: July 1, 2010 SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING_OF JULY 6, 2.0.10 ORDINANCE NO. 16-10 ITEM BEFORE COMMISSION The item before the City Commission is that of approval to individually designate The Harvel House for listing on the Local Register of Historic Places. BACKGROUND The Harvel House is presently located at 36 SE 1st Avenue and is classified as contributing to the Old School Square Historic District. The reuse of this building in its current location has been compromised by development pressures; therefore, the Delray Beach CRA has purchased the structure and would like to relocate it to 186 NW 5th Avenue within the West Settlers Historic District. The relocation request was initially denied by the Historic Presexvation Boaxd in 2008, and was overturned by the City Commission on appeal. The approval was subject to the condition that the house be individually designated on the Local Register of Historic Places upon its relocation. A complete historical report has been provided by Robert W. Ganger and Dorothy W. Patterson of the Delray Beach Histoxical Society. To qualify as an historic site, the property must fulfill one or more of the criteria set forth in the Land Development Regulations, Sections 4.5.1(B). The Harvel House is being considered for listing on the Local Register of Historic Places as it fulfills criteria of (B)(2} fox its historical and cultural significance. The Harvel Hauseis named for a Delray Beach pioneer family who owned the property at 36 SE 1st Avenue for many years. The circa 1937 structure was built by Roy Hinson Harvel, and was occupied by either Mr. Harvel or his sister until 1973. Mr. G.W. Harvel, Roy's father, arrived in Delray in 1903 and was likely involved in the construction of many of Delray's early homes as he was both a farmer and carpenter. The, history of 36 SE 1st Avenue also has ties to other prominent Delray settlers such as the Sterlings, Barvvicks, O'Neals, and Scotts who owned the property prior to the Harvel family. The Harvel House also fulfills the criteria of (B)(3} due to its architectural ax aesthetic significance. The http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID-3475&MeetinglD-2fi3 7/2/2010 ORDINANCE NO 16-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE HARVEL HOUSE, LOCATED AT 186 NW 5~" AVENUE, A5 MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, OCTOBER 2009" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and, WHEREAS, the Delray Beach Community Redevelopment Agency, as property owner, has nominated the property described herein to be designated as a local historic site; and, WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noted Public Hearing in regard to the designation of the property as a local historic site; and, WHEREAS, on June 16, 2414, the Historic Preservation Board of the City of Delray Beach recommended 6 to 0 that the property described herein be designated a local historic site; and, WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Historic Preservation Board Memorandum Staff Report; and, WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is consistent with the Comprehensive Plan; and, WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed Public Hearing in regard to the designation of the property structure located on the property described herein as a local historic site. NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2 That the described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulation of the City of Delray Beach, Florida, to-wit: Lot 2 and the South 5' of Lot 1, Melvin S. Burd Subdivision, Plat Book 11, Page 73, as recorded in the Public Records of Palm Beach County, Florida. Section 3 That the Planning and Zoning Director of said City shall, upon the effective date of this Ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. HISTQRIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Designation Request: Property Address: HPB Meeting ©ate: The Harvel House 36 SE 1St Avenue (To be relocated #0186 N1iV 5t" Avenue) June 1fi, 210 File No: 2010-'143 ITEM BEFORE THE BOARD The action requested of the Board is that of making a recommendation to the City Commission on a request for individual designation of The Harvel House (36 SE 1St Avenuel186 NW 5th Avenuey, pursuant to Land Development Regulations (LDR) Section ~4.5.1(C), Desiartation__Procedures. BACKGROUND The subject structure is located at 36 S1= 1St Avenue and is classified as contributing to the Old School Square Historic District. The reuse of this building in its current location has been compromised by development pressures; therefore, the Delray Beach CRA has purchased the structure and would like to relocate it to 186 NW 6th Avenue within the West Settlers Historic District, The relocation was necessitated by the 2008 approval of an appeal request to the City Commission to overturn the Historic Preservation Board's denial of a Class V Site Pian application which included the relocation of the subject structure and subsequent redevelopment of the property. While the redevelopment has not yet been issued a building permit, the CRA is prepared to take and reuse the structure at this time rather than leave it to fall into disrepair. The COA {2010-142) request for the relocation is limited to the relocation at 186 NW 6th Avenue. A complete site plan application regarding the use and associafed site improvemen#s will be submitted subsequent to the approvals for the relocation and the individual designation. The approval for the aforementioned redevelopment of 36 SE 1st Avenue was subject to conditions, one of which would require that the subject be individually designated on the Local Register of Historic Places upon its relocation. Therefore, the CRA proposes the designation, and after much research, a complete historical report has been provided by Robert W. Ganger and Dorothy W, Patterson of the Delray Beach Historical Satiety. A# its meeting of June 2, 2010, the Historic Preservation Board (HPB} conducted a formal review of the designation report and set a public hearing date for the designation of the subject structure for June 16, 2010. The designation is now before the Board for consideration. ANALYSIS LDR Sectlor~ 4.5,1(B), Criteria for Designation of Historic Sites or Districts: Pursuant to Section 4.5.1(B)(1), to qualify as a historic structure, individual properties, structures, sites, or buildings, must have significant character, interest, or value as part of fhe historical, cuffural, aesthetic, and architectural heritage of the city, state, car nation. To qualify as a historic site, historic district, or historic structure, the property or properties must fulfill one r~r more of the criteria set forth in division (2~ or (3) below;. The Harve[ House [designation; Zg1t7~~43 HPE3 (Viceting tune ~G, 204; Page 3 of 4 Comprehensive Plan Future-Land Use Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met Through continued adherence to the City's Historic preservation Ordinance and, where applicable, to architectural design guidefines through the following policies: Poli~.1 Prior to appreval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic preservation $oard must make a finding that the requesfed action is consistent with the provisions of Section 4.b.1 of the Land Development Regulations relating to historic sites and districts and the "E7etray ~8each Design Guidelines': Policy_A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources at least anae every five years. STAFF COMMENT: The proposed designation meets the intent of the applicable Objective and Policies noted above, as the redevelopment of 3B SE 15` Avenue diet not provide for the preservation of the subject structure, while its designation upon relocation to 186 NVV 5~n Avenue will achieve this Objective. Further, the analysis above illustrates that the request meets the criteria set forth in LDR Section 4.5.1 which provides for the designation of "historically significant buildings." Therefore, the proposed designation is appropriate and a recommendation of approval should be forwarded to the City Commission. The Public Hearing dates for review of the subject designation by the City Gommissian have been tentatively scheduled for ,1uly 6 and 20, 2010. GaURTESY l PUBLIC NOTICES Public Notice letters were mailed to the property owners within a 540' radius of 186 N1itf 5'h Avenue where the structure will be individually designated upon relocation from 36 SE 1~t Avenue. Courtesy Notices of the Pubic Hearing were sent out to the Neighborhood Advisory Council, Vilest Settlers Advisory Board, and PROD Progressive Residents of Delray}. Letters of support or Objection, if any, will be presented a# the HPB meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approve[ to the City Commission that The Harvet House be listed in the Local Register of Historic Places at 186 NW ~~ Avenue, by adopting the findings of fact and law contained in the staff report, and fording that the request is consistent with the Comprehensive Plan, and Sections 4.5.1(B) and 4.5.1{C) of the Land Development Regulations. C. Move a recommendation of denial to the City Commission that The Harvel House not be listed in the Local Register of Historic Places at 186 NW 5t'' Avenue, by finding that the request is inconsistent with the Comprehensive Plan, and Sections 4.5.1{B) and 4.5.1(C) of the Land Development Regulations, ~*: t~m'ap X1•'0•;• ~e~^ ; ~u a-n.-~ i ' r _ t uµ e , ~, ~*~"`'i a e+~ ~1 ,, ~~.} .a+ '" ~'~ 'i ~, ~~ f .' {`~ try i ~. it ~:: ~ ~~ E _ ~ ~ rt: Fa 7 it ~ ' ` r..~..+.i ~ - ~F .~ . i .. t}tttr"' ct..,:3_x' ~ `'3 'S ~ -c., ,~,,, Ltd ` # "~~ f , ~~.~4~id4liFk tlisfiCf iiL.4',~cT~.~.4 ;^[ ~I i f ~t ..''~ Y ~iay~~p t `F t~~U~~ ~ ~ ~1~3"~~~T~~''~~13iF'•~~~'r kr-~n ~-i-. ..~~. ,~ ~ ~' . ~,w ~~~ ~;~ ~ . i ~~ ~ f ~1€~If~ - l 4-' 1 uyN,dw ~~~~! .- ~4S ~ L 5y~ yCuaK ~ H.' _ N~ l t fi ,~"."c ; CC ri ~ h. i f Y yr k` r ~ f~~ ! , u { t ~ ~ .:~ F .-t'r rail ~ j[ .. 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Fw~ ., t jxx" ~' 2 t Ff ~.: ~ 4 1 34 ~ E~ ~ t*5 ~~~ "~~~i ~~x "~ k. ~~,~~ "~. ~ ' ' ,~ E [~ >'; r i ~~ f t Designation Report Historic i'reservation Board Ueiray BeachM Florida Thy Marvel Huse ~. General and f4pplicant Information Address The Harvel House is named far two prominent settler families who owned the property for many years. Its original location is 36 S~ First Avenue, but after a .planned move, it will be located in the west Settlers Historic District within the city limits of Delray Beach, Florida. . Legal ©escriptians Current Location -Lots ~.6, ~.7, -and ~8 inclusive, C.ess the South 75ft /Block 6g as recorded in the Public Records of Palm Beach County, Florida. Proposed Location ~ Lots 3 and 4, Melvin S. Burd Subdivision as recorded in the Public Records of Palm Beach County, Florida. Location The original location is in the southeast section of Delray Beach dust -south of East Atlantic Avenue, the main street. Before ~.9Zfi the street was known as South Gaiiliard. The new location will be at x.86 NV~I Fifth Avenue in the old "Sa~t#s" neighborhood of Delray Beach now the West Settlers Historic District. Zoning Current Location - OSSHAD (Old School Square Historic Arts District) Proposed Locativ~n - CBD {Central Business District) Classification fair pesignation ' We believe that the Harvel House meets'the criteria f'or both architectural and cultural significance for the reasons described in the following pages of the report. III Locatia-n ~+lap To be provided by City Qf Delray Beach. IIx Iistrict inventory Not applicable lots 1fi, 17, and 1.8. The Barwick family, fanners, land owners and real estate brokers (of "Barwick Road" and Barwick Building fame), provided a $4000 bridge loan to acquire same of the property, as did one Sarah Aron, a widow who provided a $4DOD private mortgage and may have planned to build a home on one of the lots, The Real Est t ust In all likelihood, the lots remained empty, or construction was never completed, when the Florida Real estate Bust and subsequent Great Depression occurred in rapid succession. In 193fi, the Halbert Corporation, a Miami-based contractor released the three lots to Roy H. Harvel, who may have had a beneficial interest in the property through his family. Local records indicate that Roy's father purchased the first lots in Block 69 from Henry Sterling for $100 in the early 1.90Ds and built the first building, a tiny house, He was also the owner of Lot 19. 1937 The properties were sold in auction tv Mr. Harvel by a Special Master. The price was $153.27. Relieved of all future obligations were the Halbert Corporation, B. F, Sundy, Sarah Aron, and H. D. Barwick, holders of the mortgages or other financial obligations. T e a~els G,W. Harve) arrived in Delray in 1.903. He rrvas a fanner/carpenter, and undoubtedly had a hand in building many of the town's original dwellings. The Harvel's .had $ children, including Rqy Hinson Harvel, owner of the prosperous Standard Oil dealership in Delray. Despite the grim economic conditions in the 19305, Roy Harvel must have thought that building a simple house on his newly acquired property was a good investment.. 3~i E 15t Avenue local building records are murky, but it appears that Harvel subdivided lots 16-1$ and commenced construction of a simple 2000 sq foot cottage on all but 75' of the original property in 1937. It is a classic "Depression-Style" wood frame building with a metal hip roof and two porches. The house had one bath, no heating, and plain exterior trim. 1937-present . Ray Harvel owned the property for over ZO years. tt-was sold in 1959 to Cora Van Vranken, his sister vvho was recently widowed. Harvel took back a $50x0 mortgage which was released in 1973 when the pause was again sold. There have been three owners until 2004 when the property became commercial. V~~. Bihlingraphy 8c Sources City of Delray Beach Building Department {permits and tax cards for all homes in Block 69}. Delray Beach Historical Society Archives Delray Beach City Directories, 1953-1979, Miller, Palk, Price & Lee. i3i€~graphy files. Oral histories, Sanborn Maps, Defray; 19~~; 1926, Design Gc~ldellnes for ~'lslrirle Places by Clemmer Mayhew TIT, page 4, published by the City of Defray Beach, 1990. Delray Beach fflstoric Slfes Sr~tvey, by Cahn P, ~lohnsfln, Historic Paim Beach County Preservation Board, 1987 (Mote: abolished by the i;lorida Department of State). Delray Beach News (& Journal) 19zi3~1952 My Geld Coast by Laura Sinks Britt, Brittany Mouse Publishers, Palatka, 1984. Historical Society of Palm Beach County Traplcal Surf Newspaper. O'Neal biography file. Pelrxt Beach County Records, Palm Beach County Courthouse, West Palm Beach, Florida Dade and Palm Beach County Property Records. Deed Recordings Block 69, 1895°2009. Deed references {copies at deeds on microfiche, Paim Beach County Property Tax Appraiser's records. Personal 3ntervie~ws ~Thamas Stanley {representing Stanley and MacMillan families}. Linda Harvel. `r~r~ ,~fi ~~ F'it~s~ Av~u~ ~u~ ~ ~ ' r ,,_ p~f ,, ~ fw ra ,~. i t ~„ 1 ~, i. 7 #' «'3~~~~' c ~ is ~ ~ ~,l ~ ? Itr fx z~~ ": ~ i+~ ~ i ~~ ~ F ~ ~;- t tti~ ~ ~ ~' ~, ~~~~h F ~ tj i L ~ ~ .r I t t L 1 i ~~ ,~ y t ~ i r ~e''Si1i ~?~. ~ ~ y ~ ` ~ a { i i ^..t. w i ~~• ~ ~~ , y.t ~ F d ~' i E r i~ 'r '.f ~ 3 ~.- . ~ ~ t,. E~ ii 1, q ;z y ~r ~~ e t'ak~ E~ 't~ ~~ !x Iti"'~ 4~-~ -~ ~i`,'I ~ ' t~ ~ ~t ~'}. j~#tn~y`~ ak Y ~ h s~'~`~~ ~' a i ~ ~ f ~'^~ ~•@,~=ruin ~'.~`~f.-,~';`i~~t .` . :r v:'~, ~ _ ,. ... _, ' I F~r{3IIf P~8G~1V~ i,, t, w: '~,'~. ~iw fra~t~x ~tl~~f ~ `r ~~; ~r~ ~ -f k t ~ ~~ ` i~ A F ~ j ~.: to ~ z ~, ~~ ~ ~ `~ ~ ~ y f ~: ICI Existir~~~ ~.~ alcrfC~ ~9. ~$2~ 5~ ,~1};sni€c~ ~~ncl t~cat~~ lc~t _~ ~-~., ~~ _ k ~ ,~ ~ 4 ~ ~, ~~ ~ ~ ~~ c ~ E. ~ ~~ ~E'3 `e 3T~" ~~ '` ~~ c+~ ~. { t ,. ~ ~ ~rt'.~ ~ r,~i , E ~ ii F -,w .,; i~ r, 6 ~ '~.~5, ~ '~~' ~^tt}t -4.ri tr ' ~ k s F:-~ ~ [ ... i } ~ L ~ :1 rya ; ~ .. ~ F ..fir .t ~ F - i ~r. e1t~~~~ t t i V'~€~t.~t~fi - -,. 36 S~ ~ Avsmue County ~ Records describe this property as Late ~,G,1?,1.$ in Buck 69~ i ctn~ld ~nCl na recozds on these lots in the Block 69 his6~ry priox to ~ 925. AGtivi#y ~~ in 1925, but the record is hazy. 1'he Clerk recorded entries aut of order, d at is unclear as to the exact gale q~varinns parties named in'Warran~r O~cis, mortgages, assignments, and the line. ~Y o~the names below are probably agents as titles chanted hands. One ~.~+[. O'Neal and his heirs seem. ~o have been involved with t#~e prt~~.y for o~ SO years. Could this be the ~ro~r o~the sw~ae tee? Foilawiu~ 3s au ~1xy bX entry title chain: 1/27125 X113125 ~114f7,:5 2128125 ?.f28(2S l:iR1'l~- 7131/2b 8124126 ~z124126 ~1101~7 12/23!45 5/9159 ~i/9/59~ 314162 ~'.~. O'~?eai and wife L.W. Carrier '+~ 1d,1? L. W. Cu~ier to L.L. Barwick WD lb,l7,18 mid tc~ T. M. t~'i~3e~l Re Rti'h This Soh Amn, Widow tt~ L. ~. Barw~ic[~ iil,EtrrEi~+ Paid L,~„ Brick to Sarah Arun WO .riarah ~-mn ts~ T.R. NTaa:nvit{ ~ J.B. Mus~~it~ and wvf .to H.~T Pi,#t az~d wf Wl~ L.L. Barwick to Sam Aran Asst t,~nciivi4~,eci.hsdf. ~~tck+egt ~'VV M Pitt and wf#o ~rbsrt Ccnp W17 A..~. Hussey, Special Master ~~,~-~~ filbert Ccnp: to R.H. Haxvel 1t.H. Idar~vel ~ Cora'V'au 'Vira~eny widow Cara Van Vranken to Roy Harrel Fred B. Scott and w€~ Lena O. Scott 4!19173 Cora Van Vranken ian ~. Wesley Smith '~/31I?3 T.'VVes%y Smith and w~tlne~} " To Lena O'~ieai, widow aad L. Stanley Penpy'~ 1995 Stante3- Penny and wi~~(Jo Nell) To A.. Hopkfaps Rennemer 2(fQ1 A. klapl~s K.enneaner #~ Pamela Bee-der 2n04 Pamela P,eadex tg So. Aevp Sere .~QQ9 SHS.t~ Swin#a~Venti~.~ _ .Nr~.~.laeed G.C„D. W~ 1.6-1$, less S. 75' $Sf1Qt1 merge W.D. S ~'S.' ~of lr~ 64I ~ WD 'Wl3 WD WA Penay is listed as ~ersox~al xcp, sole heiurand co-avvne~--appa~tly ~e was C'NeaYs son bar an earlier martx'~Cage. 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LrJ U) ~~~ ~ ~ SUBJECT PROPERTY 9~\~~ r ~ i2-43-46-16-01-069-Qi61 36 SE 1ST AVENUE ' -. ;~, .~~ PLANNING AND ZdNING D>;PARTMENT 0 LOCATION MAP ~-- DlG1TAL BASE MAP SY:,'TEM -- MAP REF: 5:\Plonning & Zoning\OBMSMile-C~6\Z-LM tOD1-1500\L.M1D61 _36 SE 1st. Avenue x x r r n ~n 4ART€N ST. 3 ~ ~ z ~ z A T L A N T I C A V E N U E a z D r: ~~ SEIBJEC7 PROi'ERTY ~~^~ N 186 NW 5TH AVENUE ~'~~ ~' i~ '~ PLANNING AND ZONING O ~. ;- ~' ~ DEPARTMENT LOCATION MAP ~_ -- 41G1TAL BASE MAP SYSTEM -- MAP REF: 5:\Pionning do Toning\48M5\Flle-Cab\Z-LM 1401-1540\LM1]88_186 NW 53h Avenue Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Police Legal Ad~risor/Asst. City Attorney THROUGH: Police DATE: June 30, 2010 SUBJECT: AGENDA ITEM 12.D. -REGULAR COMMISSION MEETING OF JULY G, 2010 ORDINANCE N0.21-10 ITEM BEFORE COMMISSION This is an Ordinance Amending Chapter 32, Departments, Boards and Commissions, Section 32.66. BACKGROUND This Amendment changes the meeting frequency for the Police Advisory Board from monthly to quarterly since there are very few, if any, Board items that are placed on the Board's agenda on a monthly basis. RECOMMENDATION The Police Department recozx~mends approval. http://miweb001/CouncilAgendalBluesheet.aspx?ItemID=3453&Meeting1D=263 7/2/2010 ORDINANCE NO. 21-10 AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMNIISSIONS", BY AMENDING SECTION 32.66, "1VIEETINGS", TO PROVIDE FOR QUARTERLY BOARD MEETINGS; PROVIDING A SAVINGS CLAUSE; GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the Police Advisory Board has detexnnined that it is mare advantageous to meet quarterly. NOW THEREFORE, BE IT ORDAINED BY THE QTY COMNIISSION OF THE QTY OF DELRAY BEACH, FLORIDAAS FOLLOWS: Section 1. That Chapter 32, "Departments, Boards and Conmi~.~ions", is arr~nded by an~nding Section 32.66, "Meetu~", to read as follows: Sec. 32.66 MEETINGS (A} The Police Advisory Boax~cl shall meet at least once uarterl ~y on the second Monday in the.. ciuarter ee~ccept when that date falls on a holiday. In that circo~fance, the Board shall establish anather regular meeting date for that carter ~. The Police Advisory Board may hold special. rr-eetuigS at the direction of its chairperson upon f~nent~four {24} hours' notice. (B) All n~etingS shall be open to the public and the order of business and procedure shall be as prescribed by the rules and regulations to be formulated by the Police Advisory Board and adopted by the City Co~mi~sion Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or vwrd be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the rer,-~ainder hereof as a whole or part hereof other than the part declared invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the satr~ are hereby repealed Section 4. That this ordinance shall becorx~ effective upon its passage on second and final reading. ATTEST: PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2010. City Clerk First Reading Second Reading MAYOR