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07-20-10 Regular MeetingCity of Delray Beach Regular Commission Meeting ~~ ;~irL/1 RULES FOR PUBLIC PARTICIPATION 1. 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~iulX20, 2010 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010, Fax: (561) 243-3774 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. ROLL CALL. 2. INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. APPROVAL OF MINUTES: A. July 6, 2010 -Regular Meeting 6. PROCLAMATIONS: A. City of Tennis Beach Week -July 19-26, 2010 (ADDENDUM) 7. PRESENTATIONS: A. Presentation by Student Ambassadors: Chelsea Brandt, Sofia Ellingsworth, Matthew Feldman, Matthew Kondziela, Jacqueline Lowell, Danielle Trubow and Robert Weil B. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation) 8. CONSENT AGENDA: City Manager Recommends Approval. A. ACCEPTANCE OF SIDEWALK EASEMENT DEED AND SIDEWALK DEFERRAL /1110 HARBOR DRIVE: Approve and accept a 5' foot sidewalk easement deed and deferral agreement regarding installation of a sidewalk for the property located at 1110 Harbor Drive. B. ACCEPTANCE OF SIDEWALK EASEMENT/ SIDEWALK DEFERRAL/ DRAINAGE EASEMENT AND HOLD HARMLESS AGREEMENT/ 1102 NORTH VISTA DEL MAR DRIVE: Approve and accept a 5' drainage easement, 5' sidewalk easement, sidewalk deferral agreement, and hold harmless agreement for improvements placed within a utility easement for the property located at 1102 North Vista Dcl Mar Drive. C. AMENDMENT NO 1 TO THE SERVICE AUTHORIZATION/COASTAL PLANNING & ENGINEERING, INC./BEACH RENOURISHMENT PROJECT: Approve Amendment 1 to the Service Authorization to modify the scope of work for Task 3 for preliminary engineering and technical engineering tasks for the Beach Renourishment project. 07/20/2010 -2- D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINALI/JOHNSON DAVIS, INC.: Approve a Contract Closeout (C.O. No. 1 /Final) in the amount of a $34,851.56 decrease and final payment in the amount of $19,366.17 to Johnson Davis, Inc. for completion of the Phase 1 Osceola Park Improvements Project #2004-003. Funding is available from 442-5178-53G-65.85 (Water/Sewer Renewal & Replacement Fund/Other Improvements/Osceola Park). E. AMENDMENT TO INTERLOCAL AGREEMENT; PALM BEACH COUNTY; MIRACLE LEAGUE FUNDING: Approve an amendment to the interlocal agreement between the City and Palm Beach County for funding for the Miracle League Field at Robert P. Miller Park to include the Miracle League Concession Building. F. DONATION/BETHESDA MEMORIAL HOSPITAL: Approve and accept a donation from Bethesda Memorial Hospital (BMH) in the amount of $9,500.00 for the purchase of equipment to implement Bluetooth Technology and Telemetry for wireless electrocardiogram transmission during patient transports to their facility. G. FLORIDA HIGHWAY PRODUCTS, INC /2010 STREET RESURFACING PROJECT: Approve execution of a contract with the Florida Highway Products, Inc. in the amount of $258,421.52 for micro-surface paving of City streets contingent upon the City receiving payment and performance bonds and a certificate of insurance from Florida Highway Products, Inc. Funding is available from 334-3162-541-61.17 (General Construction Fund/Capital Outlay/Street Reconstruction); 442-5178-536- 63.51 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission); and 118-1965-554-61.91 (Neighborhood Services/Capital Outlay/Infrastructure). H. SPECIAL EVENT REQUEST/SUMMER NIGHTS ON THE AVENUE: Approve a special event request for the Summer Nights on the Avenue to be held from 7:00 p.m. to 10:00 p.m. on August 27, 2010; granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from N.E./S.E. 5`h Avenue to N.E./S.E. 6`s Avenue; and authorize staff support for security and traffic control and barricading. SPECIAL EVENT REQUESTS/ART AND TAZZ ON THE AVENUE: Approve special event request to endorse Art and Jazz on the Avenue to be held on August 19, 2010 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of N.E./S.E. 7tli Avenue, Railroad Avenue from Atlantic north to the north side of the east/west alley, and to the alleys north and south of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, and N.E./S.E. 4th Avenue; to authorize staff support for security, traffic control, banner hanging and removal, barricade set up and removal, trash removal and clean up and EMS assistance, with payment of costs to the City per the agreement between the City and the Downtown Marketing Cooperative. 07/20/2010 -3- J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 6, 2010 through July 16, 2010. K. AWARD OF BIDS AND CONTRACTS: Contract award to Gruber Hall, Inc. in the amount of $40,103.00 for provision of all labor, equipment and materials for retrofitting/replacing three (3) existing doors at the Old School Square (OSS) Crest Theater and Gymnasium buildings for hurricane protection. Funding is available from 334-4151-572-46.08 (General Construction Fund: Repair & Maintenance Services/OSS Window Replacement). Purchase award to Municipal Equipment Company, LLC in the amount of $56,378.40 for twenty-six (26) sets of Firefighting Personnel Protective Equipment (bunker gear). Funding is available from 001-2315-526-52.22 (General Fund: Operating Supplies/Uniforms/Linen Service). 3. Purchase award to Pantropic Power, Inc. in the amount of $108,470.00 for purchase of a 600kw emergency standby generator for the Water Treatment Plant's South Pump Station. Funding is available from 442-5178-536-64.90 (Water and Sewer Renewal and Replacement Fund/ Other Machinery and Equipment). 4. Purchase Award to Martin Fence Company in the amount of $19,218.42 for perimeter fencing at Hilltopper Stadium. Funding is available from account 334-4151-572-46.90 (Other Repair/Maintenance Costs). 9. REGULAR AGENDA: A. CONDITIONAL USE REQUEST/CVS STORE: Consider a conditional use request to establish a 24 hour late night business for the CVS Store located at 700 N.E. 6`h Avenue. (Quasi fudicial Hearing) B. AMENDMENT TO AGREEMENT/PALM BEACH COUNTY; DISASTER RECOVERY INITIATIVE PHASE II: Approve an Agreement between the City and Palm Beach County for $800,000 for implementation of the Housing Rehabilitation Program funded under the Disaster Recovery Initiative (DRI) Phase II. C. HOUSING REHABILITATION GRANTS/NEIGHBORHOOD STABILIZATION PROGRAM: Consider approval of five (5) Neighborhood Stabilization Program (NSP) Housing Rehabilitation Grants in the amount of $252,734.98 to be awarded to selected general contractors for acquired NSP properties. D. POLICE DEPARTMENT WORKLOAD, STAFFING AND DEPLOYMENT STUDY PROPOSAL: Consider a proposal from ICMA Consulting Services for a workload, staffing and deployment study for the Police Department. 07/20/2010 -4- E. SUBLEASE AGREEMENT: COMMUNITY REDEVELOPMENT AGENCY AND PUPPETRY ARTS CENTER: Consider approval of a Sub-Lease Agreement between the Community Redevelopment Agency and the Puppetry Arts Center of the Palm Beaches to sublease approximately 5,000 square feet on the 1" floor of the Old School Square Parking Garage for 2 years beginning October 1, 2010. F. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint two (2) regular members to the Financial Review Board to serve two (2) year terms ending July 31, 2012 and one (1) alternate member to serve an unexpired term ending July 31, 2011. Based on the rotation system, the appointments will be made by Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5). G. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint six (G) regular members and one (1) student member to the Police Advisory Board to serve two (2) year terms ending on July 31, 2012. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Scat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4). H. APPOINTMENTS TO THE EDUCATION BOARD: Appoint five (5) regular members to the Education Board to serve two year terms ending July 31, 2012 and one (1) student member to serve a one (1) year term ending July 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2). I. APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint four (4) regular members to the Green Implementation Advancement Board to serve two (2) year terms ending on July 31, 2012. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4). APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint three (3) regular members to the Public Art Advisory Board to serve two (2) year terms ending July 31, 2012 and one (1) regular member to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat # 4). K. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member from Zone 1 to the Neighborhood Advisory Council to serve a three (3) year term ending July 31, 2013 and appoint one (1) student member to serve a one (1) year term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2). 07/20/2010 -5- L. RECONSIDERATION/WAIVER OF RENTAL FEES REQUEST/ROOTS CULTURAL FESTIVAL~INC.: Reconsider the request for waiver of rental fees for the Youth Basketball Tournament to be held July 23-25, 2010, at Pompey Park and the Community Center and for the Prayer Breakfast/Health Fair proposed to be held at Pompey Park on August 14, 2010. (ADDENDUM) 10. PUBLIC HEARINGS: A. ORDINANCE NO. 12-10: Consider a city initiated amendment to Appendix "A", "Definitions" of the Land Development Regulations (LDR) to revise the definition of "Pharmacy". B. RESOLUTION NO. 36-10: Consider approval of Resolution No. 36-10 establishing a budget for the Stormwater Utility System, establishing the rates for FY 2011 Stormwater Management Assessments, and certifying and adopting the Stormwater Assessment Roll. C. ORDINANCE NO. 16-10: Consider a historic designation and individual listing on the Local Register of Historic Places for The Harvel House, to be located at 186 N.W. 5`h Avenue. WAIVER REOUESTS/THE HARVEL HOUSE: Consider approval of waiver requests to Land Development Regulations (LDR) Section 4.5.1(E)(6)"Relocation", and 4.4.13(F), "Development Standards", associated with the relocation of "The Harvel House" to 186 N.W. 5`h Avenue. (Quasi Judicial Hearing) D. ORDINANCE NO 09-10 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendments to the Land Development Kegulations (LDR), 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". 07/20/2010 -6- L. ORDINANCE NO 11-10 (SECOND READING/SECOND PUBLIC HEARING): Consider a city initiated amendment to the Land Development Regulations (L.DR), Article 4.3, "District Regulations, General Provisions", Section 4.3.3, "Special Requirements for Specific Uses", Subsection (~, "Guest Cottage", and Subsection (I'), "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 (l~ 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". F. ORDINANCE NO. 15-10: Consider a city initiated amendment to the Land Development Kegulations (LDR) Section 6.1.10, "Water System", to eliminate a Fire Protection Provision that conflicts with the Florida Fire Prevention Code. G. ORDINANCE NO. 21-10: Consider an amendment to Chapter 32 "Departments, Boards and Commissions", by amending Section 32.66, "Meetings", to provide for quarterly meetings of the Police Advisory Board. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 22-10: An ordinance amending Chapter 51, "Garbage and Trash", of the Code. of Ordinances in order to clarify certain terms and to provide consistency between the solid waste franchise agreement and City ordinances. If passed, a public hearing will be scheduled on August 3, 2010. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: JULY 16, 2010 07/20/2010 -7- JULY 6, 2010 A Regular Meeting of the City Commission of the City of Delray Beach. Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, July 6, 2010. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Rabbi Ira Brawer with Ayts Chaym Messianic Synagogue. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Eliopoulos requested that Item 8. K., Initiation of Comprehensive Plan Amendment 2010-1 of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. and Item 8.Y.2, Award of Bids and Contracts to Brang Construction of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. Mrs. Gray requested that Item 8.Q., Amendment to the School Readiness Child Care Service Agreement/Family Central, Inc. of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A. and Item 8.T., Amendment No. 1 to the Interlocal Agreement Community Redevelopment Agency Construction/Professional Services of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A.A. Mr. Frankel requested that Item 8.C., Contract Closeout (Change Order No. 10)/West Construction, Inc. of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A.A.A. 07/06/ I 0 Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Special/Workshop Meeting of June 8, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to approve the Minutes of the Regular Meeting of June 15, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: A. None 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 34-10/LOCAL MITIGATION STRATEGY PLAN: Approve Resolution No. 34-10, thereby adopting the 2009 revised Palm Beach County Unified Local Mitigation Strategy Plan. 8.B. RESOLUTION NO. 38-10/FLORIDA FISH AND WILDLIFE COMMISSION: Provide authorization for the City Manager to apply for a grant in the amount of $102,500.00 with the Florida Fish and Wildlife Commission for funding reconstruction of the Mangrove Park Boat Ramp. 8.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A.A.A. 8.D. ACCOUNT NUMBER CORRECTION/SERVICE AUTHORIZATION NO. 07-16/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 from 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 Improvements). r 07/06/ ] 0 8.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 $1 1.800.00 with Kimley-Horn and Associates, Inc. for the Landscape, Electrical and Construction 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). 8.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 1 l :00 a.m. on weekdays, 10:00 a.m. on Saturdays and 9:00 a.m. on Sundays. 8.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. 8.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 Cedar Lane. 8.I. 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 Delray, located at the northwest corner of Military Trail and West Atlantic Avenue. 8.J. 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. 8.K. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. S.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. 07/06/ 10 8.M. REVISION TO THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) PLAN/FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: Approve a Revision to the Neighborhood Stabilization Program Plan to reallocate budgeted funds 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". 8.N. GRANT APPLICATION/FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS/NEIGHBORHOOD STABILIZATION PROGRAM N( SP): Authorize staff to submit a grant application through the Florida Department of Community Affairs for additional funding for the Neighborhood Stabilization Program (NSP) to purchase foreclosed or abandoned homes for rehabilitation, resale and redevelopment. 8.0. RESOLUTION NO. 35-10/AMENDMENT TO LOCAL HOUSING ASSISTANCE PLAN (CHAP): Approve and adopt Resolution No. 35-10, an amendment to City's State Housing Initiatives Partnership (SHIP) Program, Local Housing Assistance Plan (CHAP) for Fiscal Years 2010-2013. 8.P. MULTIPLE BID AWARDS/NEIGHBORHOOD STABILIZATION PROGRAM (NSP)/RENTAL AND HOMEBUYER DISPOSITION SERVICES PROVIDER(S) PER RFP 12-20NS: Approve multiple bid awards for Rental and Homebuyer Disposition Services for the Neighborhood Stabilization Program with regard to RFQ ] 2-2010NS 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). 8~. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. B.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. 8.5. 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. 8.T. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A.A. 07/06/ 10 8.U. INTERLOCAL AGREEMENT: BOCA RATON/CITY OF BOYNTON BEACH/CITY OF DELRAY BEACH: Approve an Interlocal 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). 8.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. 8.W. SPECIAL EVENT REQUEST/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 from Atlantic Avenue to N.W. ls` Street and S.W. 5`" Avenue from Atlantic Avenue to S.W. ls` Street; to authorize staff support for 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. 8.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. 8.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. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 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- 554-63.11 (Neighborhood Services: Improvements- Other/Bikepaths/Sidewalks). 4. Bid award to Rosso Paving & Drainage, Inc. in the amount of $58,996.00 for the construction of Dixie US-1 Connector (N.E. 22"`~ Lane). Funding is available from 334-3162-541-63.83 (General Construction Fund: Improvements Other than Buildings/Dixie Highway - US 1 Connector). 07/06/10 5. Purchase award to East Coast Underwater 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 award to Pat's Pump & Blower in the amount of $179,250.00 fora 2010 Allianz Johnston RT655 Street Sweeper. Funding is available from 448-5461-538-64.20 (Storm Water utility Fund: Machinery /Equipment/Heavy Equipment). Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. 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. Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. Paul Dorling, AICP, Director of Planning and Zoning, stated the initiation of the first Comprehensive Plan 2010-1 includes two (2) City-initiated Future Land Use Map amendments, nineteen (19) City-initiated text amendments, one (1) privately- initiated land use amendment, and one (1) privately-initiated text amendment. Mr. Dorling stated the summary of the specifics are outlined in the report. Mayor McDuffie stated this is a Comprehensive Plan Amendment and if Amendment 4 to the Constitution passes this November, City governments, County governments (all local governments) will no longer be able to make a change like this and it will go to a general election where everyone will vote on this. The City Manager stated each item would have to be voted on individually. Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.K.), 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. At this point, Commissioner Eliopoulos returned to the dais. 07/06/ 10 9.A.A.A. AWARD OF BIDS AND CONTRACTS: 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). Richard Hasko, Director of Environmental Services, stated this is a request for approval of a contract with Brang Construction in the amount of $9,488.79. Mr. Hasko stated the City had an original contract award based on a low quote and the contractor was unavailable to perform portions of the work satisfactorily. Mr. Hasko stated after several attempts staff felt the need because of the time element to get the City's Health and Wellness Center open for business. Staff needed to bring in another contractor because problems arose with the original contractor's inability on the job site to get the door installed for the X-ray room. Staff received quotes from Brang Construction, Inc. who is the second bidder on the project to come in and complete the work. Mr. Hasko stated at the time staff assumed that they were going to be able to negotiate a settlement with the original contractor to make up the difference in this price. In the course of meeting with the original contractor and the City Attorney, staff discovered there was a lack of documentation as far as detail specifications, drawings, and the contract agreements with the original contractor would be challenged. Mr. Hasko stated this contract with Brang Construction, Inc. made the entire cost over the $15,000.00 threshold and thus, must be approved by the City Commission. Mr. Eliopoulos expressed concern over this and wants to see this done through the proper procedures. Mr. Hasko stated the scope of the contractor'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. Other interior work including electrical modifications and painting of the entire suite were accomplished by City staff in order to minimize the costs of the renovation project. Mr. Eliopoulos moved to approve Item 9.A.A.A. (formerly Item 8.Y.2.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A. 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. Linda Karch, Director of Parks and Recreation, stated this item is to approve an amendment to the School Readiness Child Care Service Agreement between the City of Delray Beach and Family Central, Inc. to remove Pine Grove Elementary School as a subsidized location. Ms. Karch stated Pine Grove Elementary School is no longer going to be participating in the City's After School Program or the Summer Day 7 07/06/ 10 Camp Program this year and this amendment is to remove them from part of the agreement. Mrs. Gray asked if this is uncommon for a school to remove themselves or no longer want to be a part of the City's program. Ms. Karch stated staff has been in discussions with the Principal of Pine Grove Elementary School and the Chief Facilities Director for approximately one year. Dr. Campbell was interested in starting her own program and she felt by the City being in there she was not able to do this. Mrs. Gray asked if this will hurt the City's subsidies. Ms. Karch stated the only way it would hurt the City is if we had less children attending our program. Ms. Karch stated the City is increasing the number of participants that are allowed to go to Pompey Park (from 100 to 120) and if we fill all of the slots we should receive the same amount as we were receiving previously. Mrs. Gray stated if the City does not fill the slots would Village Academy be a school to consider. Ms. Karch stated she believes that is a possibility and staff has not given up on looking for another alternate site in a different area of the city. Mr. Frankel moved to approve Item 9.A.A.A.A. (formerly Item 8.Q.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A.A. 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) for funding construction/professional services for certain projects as listed on Exhibit "A" attached to the Agreement for FY 2009/2010. Brian Shutt, City Attorney, stated this is an amendment to the Interlocal Agreement that the City has with the Community Redevelopment Agency (CRA) dated September 30, 2009 for the funding of construction costs and professional services for certain projects as listed in his memo as far as the change in funding that will take place. Mrs. Gray stated the Southwest Avenue Beautification Design (S.W. 12`h Beautification Project) which increased from $150,000.00 to $245,000.00 expressed concern over the increase of $90,000.00 for that project. Diane Colonna, Executive Director of the CRA, stated the area that is being designed expanded. Ms. Colonna stated originally the CRA was just doing the design for the first three blocks south of Atlantic Avenue and this got extended to include other areas. Ms. Colonna stated it is a combination of County and City funding to do the improvements and the CRA is contributing additional dollars for the design. Mrs. Gray asked how long the construction portion of the S.W. 2"d Street beautification is going to be delayed. Ms. Colonna stated the CRA plans on including it in this year's budget; it did not get to the construction phase at this point. Mrs. Gray asked if this is part of the Cultural Loop. Ms. Colonna stated this is much more than just the Cultural Loop and explained that this goes from S.W. 2"d Street, going north of Swinton Avenue all the way 8 07/06/10 to the west end. Mr. Frankel moved to approve Item 9.A.A.A.A.A. (formerly Item 8.T.), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A.A.A. CONTRACT CLOSEOUT (CHANGE ORDER NO. 10)/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 $176,51020 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). Richard Hasko. Director of Environmental Services, stated this is a contract closeout for West Construction, Inc. for the completion of the Robert P. Miller Park Project. Mr. Hasko stated the final bill of $176,510.20 and a deduct closeout change order of $14,767.04. Mayor McDuffie asked what the final grand total is. The City Manager stated the final grand total is $5,883,673.44. Mr. Eliopoulos moved to approve Item 9.A.A.A.A.A.A. (formerly Item 8.C.), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.A. CONDITIONAL USE REQUEST/CVS STORE: Consider a conditional use request to establish a 24 hour late night business for CVS Store, located at 700 N.E. 6`h Avenue. (Quasi-Judicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item and all subsequent Quasi-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 received a couple of emails back and forth between himself and the attorney for the applicant. Mrs. Gray had no ex parte communications to disclose. Mayor McDuffie stated he met with CVS representatives and discussed the 24-hour operation. Mr. Eliopoulos stated he too met with the CVS Attorney. Mr. Fetzer stated he met with the CVS attorney and also met with the CVS manager. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-102 into the record. 07/06/ 10 Mr. Dorling stated the request is to establish a 24-hour late night business located at the southeast corner of George Bush Boulevard and N.E. 5`h Avenue. The request would extend the current hours of operation which are currently from 7:00 a.m. - 12:00 p.m. and would expand those to 24-hours a day seven days a week for the retail store component. The pharmacy hours of operation would remain unchanged and those are Monday -Friday 8:00 a.m. - 10:00 p.m., Saturday 8:00 a.m. - 6:00 p.m., and Sunday 10:00 a.m. - 6:00 p.m. Mr. Dorling stated as part of this request there was a CPTED (Crime Prevention Through Environmental Design) review that was conducted and additional security upgrades were recommended by the Delray Beach Police Department. Those have been incorporated into the plans that they have submitted and CVS is going to comply with those recommendations. At its meeting of April 19, 2010 the Planning and Zoning Board considered this and there was a recommendation of approval with a 5 to 1 vote. Mr. Dorling stated the proposed condition that the applicant offered was that no alcohol sales would take place at the facility between midnight and 7:00 a.m. and that the pharmacy hours would remain unchanged and as part of that discussion they were to undergo a CPTED review which they did and there were five (5) operational recommendations that came out of that CPTED review (page two of the memorandum). AI Malefatto, Greenberg Traurig, 777 S. Fla~ler Drive, West Palm Beach, FL 33401 (Attorney representing CVS Pharmacy), supports the conditional use for the 24-hour operation at the CVS store at George Bush Boulevard and US 1. Mr. Malefatto stated they are requesting approval to extend the hours of operation of the store to 24 hours per day. He stated the hours of operation currently are 6:00 a.m. -midnight (not 7:00 a.m. -midnight) and explained that there was a modification on that and the pharmacy hours remain the same. Mr. Malefatto stated the reason they need to get a conditional use approval under the City's Code is because the operation is within 300 feet of residentially zoned areas. He stated there is only one residence if any within that 300' radius; most of the areas are commercial businesses or professional offices. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, stated she does not see what the City is getting in return for this. Mrs. Frost stated if the pharmacy were going to be open at night then she could see it; however, she sees no reason to extend the hours of operation because she does not feel it is fair to the other businesses in the area. There being no one else from the public who wished to address the Commission regarding the conditional use request, the public hearing was closed. At this point, Mr. Malefatto stated that CVS does feel that they will be offering a service to the community. The applicant stated there was a time was many of those over-the-counter remedies were only available in the pharmacy with a prescription and now those remedies are available. Therefore, those families in the vicinity who have 10 07/06/10 young children who might need those, then, these services would be available and feels this is a benefit they will be providing to the community. Mr. Fetzer commented about the 300' buffer and inquired about the notification requirements. Mr. Dorling stated anyone within 500 feet of the CVS store would have received notification of this proposal. Mr. Frankel asked if the 7-Eleven store on George Bush Boulevard is 24- hours. Mr. Dorling stated the 7-Eleven store is 24-hours. Mr. Frankel asked if the Publix to the south is 24-hours and the Walgreens. Mr. Dorling stated the Publix and the Walgreens are not 24-hours. Mr. Frankel asked how many other businesses are 24-hours. Mr. Eliopoulos stated he will not support this project and it will be a burden on the Police Department. Mr. Fetzer concurred with comments expressed by Commissioner Eliopoulos. Commissioner Fetzer stated that another 24-hour business would be quite a bit for the town to handle. Mr. Frankel stated it is a beautiful store and is a great welcome to the community and you do not want to hinder their business. Mr. Frankel stated it is important to have uniformity and unfortunately we have a problem in the community where there could be a segment of our population who could linger around late hours and could put a burden to our Police Department. Mr. Eliopoulos stated the difference with the Wal-Mart was they had private security on site and it was not just one security guard but was a full staff. Mayor McDuffie stated we need to be consistent in the rulings; however, on the other hand there is a strong issue for the law enforcement community. Mayor McDuffie stated the City required that these people go through the CPTED requirements. Mayor McDuffie stated he can support it due to the fact that this has been done for others and they have been through all of the CPTED requirements and have volunteered one that the City did not require which is the suspension of the sale of alcohol. Mrs. Gray stated she will support this and concurs that we have to be consistent and they did comply with the CPTED requirements. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus. Mr. Eliopoulos approved the Board Order denying the conditional use request, seconded by Mr. Fetzer. 07/06/ 10 At this point, Mr. Malefatto stated he would like the opportunity to go back to CVS and see if they are willing to make the investment for private security. Mrs. Gray moved to table this item to a time certain of July 20, 2010, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer - No; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 1 vote, Commissioner Fetzer dissenting. 9.B. WAIVER REQUESTS/TEMPORARY USE PERMIT/DELAIRE COUNTRY CLUB: Consider a request for 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 l8 months, and to allow the increase in the maximum size of the temporary structure from 10' x 12' to 82' x 66' for clubhouse renovations associated with Delaire Country Club located at 4645 White Cedar Lane. (Quasi-Judicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item and all subsequent Quasi-Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex pane communications. The Commission had no ex pane communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-90 into the record. Mr. Dorling stated the first waiver request is approval of a temporary use permit for a structural tent and includes two waiver requests; the first waiver to allow the use under the structural tent to house a dining facility at the Delaire Country Club for a period not to exceed 18 months while the clubhouse is being renovated and the second waiver is to allow an increase in the maximum size of a temporary structure which is now limited to 10' x 12' to expand that to the 82' x 66' that the proposal encompasses. Mr. Dorling stated this was part of some renovations that were ongoing with the Delaire Country Club. On April 14, 2010, the Site Plan Review and Appearance Board (SPRAB) approved a Class IV site plan application to partially demolish and renovate the existing Club House and build a new 47,199 square ft. Club House and a 6.875 square ft. golf-cart barn. Mr. Dorling stated this proposal is so that they can continue to provide the dining that occurs within that structure that is proposed for demolition. Mr. Dorling stated if this item passes this evening, this would go before the Site Plan Review and Appearance Board for consideration of an associated Class 1 Site Plan modification as well as the architectural elevations for the facility. He stated what is proposed is to put a large structural tent on the existing tennis court facilities. Mr. Dorling stated one of the conditions is once the clubhouse is finished that they restore the site to its original condition which would be repair of those tennis courts and resurrection of them as a 12 07/06/ I 0 tennis facility. Staff recommends approval at this time. Mike Covelli, Covelli Design Associates, Inc., 2295 N.W. Corporate Blvd., Suite #213, Boca Raton, FL 33431, stated this tent will be located on the existing tennis courts which are screened and this is in the middle of a private country club that you need to go through a gate to get to so the general public does will not see this only the residents of tl~e community and the members of the club. Mr. Covelli stated this will not impact anyone in the general public because they will not be able to get in to see it. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver requests, the public hearing was closed. There was no cross-examination or rebuttal. Mayor McDuffie stated the structure is made to withstand 70 mph winds and noted this is going to run through two hurricane seasons. Mayor McDuffie asked if the structural tent can be dismantled if the City receives storm warnings. Mr. Covelli stated the cover would have to be removed from the structure and they would leave the supporting structures up. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.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). Mr. Fetzer moved to reappoint Rosalie Blood as a regular member to the Financial Review Board for a two (2) year term ending July 31, 2012, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel stated he would like to defer his appointment to the next regular meeting of July 20, 2010. 13 07/06/ 10 Mrs. Gray stated she would like to defer her appointment to the next regular meeting of July 20, 2010. Mayor McDuffie stated he wished to reappoint Howard Ellingsworth as a regular member to the Financial Review Board for a two (2) year term ending July 31, 2012. Mr. Frankel so moved, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.D. 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). Mr. Fetzer moved to reappoint Howard Lewis as a regular member to the Community Redevelopment Agency (CRA) to serve a four (4) year term ending July 1, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9.E. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member 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). Mr. Frankel moved to reappoint Seabron Smith as a regular member to the Downtown Development Authority (DDA) to serve a three (3) year term ending July 1, 2013, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.F. 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 appointment recommendations will be made by Mayor McDuffie (Seat #5), Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2). Mayor McDuffie stated he wished to reappoint Shelly Weil as a regular member to the Delray Beach Housing Authority for a four (4) year term ending July 14, 2014. Mr. Frankel so moved, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. Mr. Eliopoulos moved to reappoint Choli Aronson as a regular member to the Delray Beach Housing Authority for a four (4) year term ending July 14, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - 14 07/06/ 10 Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to reappoint Sylvia Morris as a regular member to the Delray Beach Housing Authority for a four (4) year term ending July 14, 2014, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.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) year 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). Mr. Fetzer moved to appoint Carol Anderson as a regular member to the Civil Service Board for a two (2) year term ending July 3l, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to reappoint Sidney Grossman as a regular member to the Civil Service Board for a two (2) year term ending July 31, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to appoint Carol Clark as an alternate member to the Civil Service Board for a two (2) year term ending July 31, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.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 Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Barry Tunick as an alternate member to the Nuisance Abatement Board for an unexpired term ending July 31, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 15 07/06/10 9.I. APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one (1) alternate member to the Public Employees Relations Commission for a four (4) year term ending June 30, 2014. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to appoint Jeffrey Ruthizer as an alternate member to the Public Employees Relations Commission for a four (4) year term ending June 30, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:55 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager. 11.A. City Manager's response to prior public comments and inquiries. With regard to a previous concern expressed by Mrs. Finst about where we stood with regard to updating the sidewalk cafe ordinance, the City Manager stated to date, the City has reviewed sidewalk cafe ordinances from approximately ten other cities; conducted two inspections in the downtown area to document the physical challenges; held two staff working group meetings to share information and discuss changes that are needed and highlighted "best practices" from other municipal codes reviewed. The City Manager stated all these have resulted in proposed changes that staff will present to Planning and Zoning within the next couple of weeks. He stated the City's focus is to maintain the five foot pedestrian access (strengthening regulations, how to measure and location), establishing the boundaries for each sidewalk cafe permitted (appropriate barriers), restricting the use of service stations within the boundaries of sidewalk cafes, use and placement of other furniture/art, modifying and clarifying the "no table zone" and fees/renewal process. Secondly, the City Manager stated with regard to Floydrica Brown's complaint about her termination from the After School Program. Ms. Brown was brought to work as a part-time Recreational Leader through the Workforce Alliance 2009 Summer Program. The City Manager stated Ms. Brown did well at that job so she was asked to become apart-time employee of the City and there were no complaints, issues, or problems raised by her to Human Resources prior to her appearance to the City Commission. Due to lower enrollment in the Summer Camp Program, two part-time positions had to be eliminated. The City Manager stated elimination was based on qualifications and performance and unfortunately Ms. Brown's qualifications and performance was less than some of the other people on staff so she was one of the two whose positions were terminated. Lastly, the City Manager stated Ms. Moody had a previous concern about trees being too close to power lines. He stated the power company normally contracts with tree trimming services to do that and the City will be in touch with the power company about it but it is really something they have to take care of. In addition, Ms. 16 07/06/10 Moody expressed concern about the fence on the back side of the cemetery being down and the City Manager stated the fence was removed in connection with the work by The Auburn Group on their project and that has been replaced by them at their expense. At this point, the time being 7:00 p.m., the Commission moved to Item 10, Public Hearings. 10. PUBLIC HEARINGS: 10.A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (FY 2010 - 2011): 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 has requested the item be postponed until the August 3, 2010 City Commission Meeting) Mr. Eliopoulos moved to postpone Item 10.A. until the regular meeting of August 3, 2010, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 10.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". If passed, a second public hearing will be held on July 20, 2010. The caption of Ordinance No. 09-10 is as follows: 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 STRUCTURES PERMITTED"; SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND 17 07/06/] 0 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 GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 09-10 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. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a City- initiated text amendment to clarify that medical office uses are specifically being added to multi-family zoning districts based upon current and past practices. Mr. Dorling stated on October 20, 2009, the City Commission adopted Ordinance No. 50-09 which revised the definitions of the term "Professional Office" to exclude "Medical Office". Prior to this time medical offices had been allowed under a broader professional office designation and this ordinance is going back into those areas that did allow professional office and medical office under that broadened definition and adding them back in now. Mr. Dorling stated the amendment also modifies the definition of "Clinic" to broaden it to "Medical Clinic" and the additional changes are made to highlight the more expansive service, i.e., outpatient surgery allowed within these facilities as well as a revision to the "Professional Office" definition to include specific examples. At its meeting of June 21, 2010, the Planning and Zoning Board and the Board recommended approval with a 6 to 0 vote; at its meeting of May 5, 2010, the Historic Preservation Board (HPB) recommended approval; at its meeting of May 5, 2010, the Pineapple Grove Main Street (PGMS) committee recommended approval; at its meeting of May 11, 2010, the Downtown Development Authority (DDA) recommended approval; at its meeting of May 12, 2010, the West Atlantic Avenue Redevelopment Coalition (WARC) recommended approval; and at its meeting of May 13, 2010, the 18 07/06/ 10 Community Redevelopment Agency (CRA) 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. 09-10, the public hearing was closed. Mr. Eliopoulos moved to approve Ordinance No. 09-10 on FIRST Reading/FIRST Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. IO.C. ORDINANCE NO. 11-10 (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 (Y), "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 (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". If passed, a second public hearing will be held on July 20, 2010. The caption of Ordinance No. 11-10 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 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, "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 19 07/06/ 10 (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. (The official copy of Ordinance No. I1-10 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. Paul Dorling, AICP, Director of Planning and Zoning, stated this ordinance adds Bed and Breakfast Inns as a conditional use in the RM (Multi-Family, Medium Density) zoning district and it also has some modifications to the related special requirements of that use. Currently, Mr. Dorling stated Bed and Breakfast Inns are allowed as a permitted use as designated historic structures in OSSHAD (Old School Square Historic Arts District) and CBD (Central Business District). He stated they are allowed in the RO and CBD in the West Atlantic Avenue Neighborhood as a conditional use. Mr. Dorling stated this ordinance establishes a minimum separation of 300 feet between facilities, it provides parking regulations to ensure that it retains the character of the neighborhood, it allows historic structures to add bathrooms to accommodate the use and it limits the activities associated with it to those that are paying guests only. It maintains the requirement that they only be established in historic structures or individually designated properties and that they are classified as contributing; it talks about minimum spaces and it requires the property owner to reside on site; it proposes a maximum stay not to exceed 14 days within a 30 day period and addresses how many employees can be on site. Mr. Dorling stated it also allows existing guest cottages to be used as the primary residence of the property owner or if it is historically designated for paying guests; and limits the meals that are allowed to be served on site to breakfast only. At its meeting of June 8, 2010, the West Atlantic Avenue Redevelopment Coalition (WARC) recommended approval; at its meeting of June 10, 2010, the Community Redevelopment Agency (CRA) recommended approval; at its meeting of 20 07/06/ 10 June 14, 2010, the Downtown Development Authority (DDA) recommended approval; at its meeting of June 16, 2010, the Historic Preservation Board (HPB) recommended approval subject to a recommendation that the maximum stay be extended to 21 days and this was not supported by the Planning and Zoning Board which moved it to a 6 to 0 vote to the City Commission. Mr. Dorling stated when it came before the Planning and Zoning Board it did include a proposal to allow it as a conditional use in the R-1 (Single- Family Residential) or RL (Multi-Family, Low Density) zoning districts. The Board had some concerns with that and recommended limiting it to RM. Mr. Dorling stated the Pineapple Grove Main Street (PGMS) committee will review Ordinance No. 11-10 at their July 7, 2010 meeting and staff will report their findings to the City Commission on second reading. Mayor McDuffie declared the public hearing open. There being no one else from the public who wished to address the Commission regarding Ordinance No. 11- 10, the public hearing was closed. Mr. Eliopoulos stated staff did a great job on this and feels it protects the neighborhoods but at the same time offers something that he feels will be a benefit to the community. Mr. Eliopoulos stated his concern is that down the road should somebody try to pull a permit and the fact that we might say it is supposed to be done per Code that might be one thing but his fear is that it might get caught up during the process. Mr. Dorling stated the current regulations state that the number of bedrooms and bathrooms provided for guest use shall be as existed when the structure was originally constructed. Therefore, Mr. Dorling stated this ordinance eliminates the prohibition to bathrooms and it does not necessarily exclude any of the issues that Commissioner Eliopoulos has raised. Mrs. Gray asked why staff does not recommend approving the 21 days. Mr. Dorling stated the Planning and Zoning Board and the other boards felt that 14 days out of 30 days was an adequate stay. He stated the Historic Preservation Board (HPB) felt three weeks was more reasonable and this was not supported by any of the other boards. Mayor McDuffie asked if that is 14 consecutive days. Mr. Dorling stated it would be ] 4 days within a 30 day period. Mr. Frankel moved to approve Ordinance No. 11-10 on FIRST Reading/FIRST Public Hearing, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:11 p.m., the Commission moved to Item 11.B., Comments and Inquiries on Non-Agenda Items from the Public. 21 07/06/10 11.B. From the Public. 11.B.1. Cathy Balestriere, 82 Gleason Street, Delray Beach, FL 33483 (Crane's Beach House LLC, stated the Downtown Marketing Cooperative (DMC) is formally requesting the City Commission to commit to adding the Downtown Development Authority (DDA) discussion to the July 13, 2010 Workshop Meeting reason being the budget. Ms. Balestriere stated should the City Commission decide to move the DDA discussion to the August 10, 2010 Workshop, the DMC will not receive any indication of the DDA's financial commitment until the end of August or middle of September. She stated this will be problematic as the DMC will be in the final stages of the budgeting process for the 2010/2011 fiscal year. Ms. Balestriere stated should the DDA not be able to commit a similar amount of funds for the DMC as in prior years for their restructuring and transition, the DMC will be left with a mere few weeks to recoup the difference. Secondly, Ms. Balestriere stated another reason is duplication and should the City Commission decide to move the DDA discussion to the August ] 0, 2010 Workshop both organizations could begin duplicate efforts in regards to the marketing and promoting in the downtown. Ms. Balestriere stated the last reason would be direction and should the City Commission decide to move the DDA discussion to the August 10, 2010 Workshop there would be a delay in direction provided by the City Commission creating an inefficient use of both taxpayer and private dollars of both organizations. Ms. Balestriere stated time is of the utmost concern for them with this issue. Mr. Fetzer stated he spoke with Ms. Balestriere about these issues today and he received an email from Michael Listick, Chairman of the DDA, asking the City Commission to postpone the discussion on the DDA until after their Strategic Planning Meeting in late July and forwarded it to the City Manager. The City Manager stated he did not feel it was a problem to move the meeting to August. Mr. Fetzer stated after speaking with Ms. Balestriere today, he believes there are time sensitive issues that need to be addressed. Mr. Eliopoulos expressed concern over the friction between the DDA and the DMC. He stated and he would like to see things done quicker and see what is on the DDA's agenda and what their plans are. He stated both agencies have to start working together and if things are not working out then the Commission needs to do something about it. Mrs. Gray concurs with comments expressed by Commissioner Eliopoulos. Mr. Frankel stated we are looked at as such a great community for so many different things and to see the friction that is taking place because of personalities is disappointing to him. Mr. Frankel concurs that the DDA discussion should be placed on the July 13, 2010 Workshop Meeting. The City Manager stated the discussion regarding the DDA will be on the Workshop Agenda of July 13, 2010. 22 07/06/ 10 I1.B.2. Sarah Martin, 64-A S.E. Soh Avenue, Delray Beach, FL 33483, Executive Director of the Downtown Marketing Cooperative (DMC), formerly thanked Commissioner Frankel and Mayor McDuffie for being the judges at the eating contest, the beautiful baby bathing suit contest, and the bike parade for the July 4`h event. Ms. Martin stated she appreciates the support in moving this forward to make sure that they can get moving in a clear direction. 11.B.3. Dr Victor Kirson, 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors at Tierra Verde at Delray Beach and Vice Chairman of the Police Advisory Board), stated several years ago the State mandated that we would re-appraise property every year. He stated if we did not have this State mandate we would be paying the taxes of four years ago and we would not have a problem in city government. Dr. Kirson suggested is a tea party movement to repeal property appraisals. 11.B.4. Alice Finst, 707 Place Tavant, Delray Beach, FL 3344_5, stated she attended the Site Plan Review and Appearance Board (SPRAB) Meeting of June 23, 2010 and the item she is speaking about tonight is an item on project plans for the driving course at the Tax Collector's office. Mrs. Finst stated they are planning to trade off the parking lot and take over that area and make it a practice range. She stated they are also planning to take the area to the east and make that the parking lot. Mrs. Finst stated several meetings ago the City Commission approved this as a temporary parking lot. She stated at the meeting she was informed that this temporary lot was to be in place for five years. Mrs. Finst stated five years seems like a long time for temporary and suggested that the Commission move it up or require landscaping on the property such as palm trees that can be moved later on. At this point, Mr. Eliopoulos stated with regard to Mrs. Finst's comments he thought there was some landscaping there. Paul Dorling, Director of Planning and Zoning, stated the ordinance does not require interior landscaping; however, it requires landscaping around the perimeter and they did provide perimeter landscaping. Mr. Dorling stated the ordinance also talks about a one year with subsequent extensions up to three years and that in this case was given special compensation given what staff was proposing on that site. Mr. Eliopoulos stated normally the City would not require asphalt for a temporary parking lot and stated the asphalt is a total upgrade. Mayor McDuffie stated it was a very hasty move when the State closed the driver's license office out and Commissioner Abrams actually stepped up and went to work very quickly. The Property Appraiser's office was booted out of the building and now exists in the old County Library facility. He stated since the Property Appraiser moved out, the Tax Collector took over the entire building and driver's licenses will move into that building. Mayor McDuffie stated it is a temporary thing and the City has an Interlocal Agreement in place which is stalled because of economics to move everything in that facility. The County will be pushing all their facilities to the north with the City taking over the south end of that to create transit oriented development down in the south end. He reiterated that this will be temporary and what will change the 23 07/06/10 temporary nature of it is the economics at the time. Also, Mayor McDuffie stated he has worked in the Property Appraiser's office since 1991 and the State of Florida was reappraising property every year in 1991 and neither Amendment One nor Amendment Ten changed the cycle. Mayor McDuffie stated property is appraised in the State of Florida each year as of its status on January 1st of the year for which it is being taxed and has been thus for approximately 50 years. Mayor McDuffie stated what did happen was Amendment One added affordability and added another $25,000.00 homestead exemption (which was exempt from the school levy). Mayor McDuffie stated Amendment One also caused municipalities and counties to go to the rollback rate every year. Mayor McDuffie stated then they came out with Senate Bill 1588, which is a glitch bill because in their unwitting knowledge of the way the cycle was going, they forced the County to go to the rollback rate which in a down period is a roll up rate which means the County would be rolling taxes up every year. Mayor McDuffie stated they did not cause the reappraisal cycle to go to one year and it has been that way for as long as he can remember. Mayor McDuffie stated the time in which the County appraises property has not changed and clarified this for people who may of thought their home was being reappraised on a faster cycle than it used to be and reiterated that it has not changed. At this point, the time being 7:27 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 12-10: Consider a city initiated amendment to Appendix "A", "Definitions" of the Land Development Regulations (LDR) to revise the definition of "Pharmacy". If passed, a public hearing will be held on July 20, 2010. The caption of Ordinance No. 12-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT A REVISED DEFINITION FOR "PHARMACY", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 12-10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a City- initiated amendment to the LDRs that will revise the definition of pharmacy. Mr. Dorling stated the current definition in the LDRs refer to a pharmacy as a retail establishment 24 07/06/ 10 primarily offering goods for retail sales and on site dispensing of prescription drugs, non- prescription drugs or both. The proposed new definition that was originally before the Planning and Zoning Board was to add some additional language including "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." Furthermore, no more than 50% of total sales can be derived from the sale of Schedule II controlled substances as listed in Florida Statute 893.03. All pharmacies shall be staffed by a state licensed pharmacist." Mr. Dorling stated these are changes that were afollow-up for other changes that were made to medical office regulations which address the recent practices of pain clinics where they prescribe these Class II, III, and IV narcotic prescription drugs at these facilities. These recent changes prohibited the dispensing of these drugs at the medical offices themselves and only allov<~ed them to be dispensed in pharmacies. Mr. Dorling stated it was anticipated that distribution would only occur at conventional pharmacies (CVS, Walgreens, etc.). He stated 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. Mr. Dorling stated the City is finding that there is an interest in occupying spaces very close to these clinics and opening up a pharmacy facilitated by the same personnel that are writing prescriptions in the adjoining bay and with this ordinance staff is hoping to curtail that kind of activity. At its meeting of June 21, 2010, the Planning and Zoning Board considered the request and the Board had some concerns with the building floor area maximums for sale and storage of prescription drugs and they thought it might hurt pharmacies which may have minimal ancillary retail sales components. The Board also had a significant discussion about the 50% maximum for controlled Schedule II substances which are highly addictive drugs and they felt the 50% was very liberal. Staff agrees with the Board but without additional information staff felt that at least 50% would stop someone from prescribing 100% of these Schedule II controlled substances and would give additional flexibility for someone that may in fact have a high volume of these in a legitimate pharmacy. Mr. Dorling stated the Board recommended approval of the 50% maximum without the retail piece in it. Since then, Mr. Dorling stated there have been some additional inquiries and someone will testify that a 25% maximum Schedule II threshold is liberal enough. Staff has modified this ordinance per the direction of the Planning and Zoning Board. Sergeant Brady Myers, Delray Beach Police Department, stated his current assignment is a Sergeant at the Palm Beach County Multi-Agency Diversion Task Force of which the sole purpose is to investigate the pain clinics, the pharmacies, and the "pill-mills". Sergeant Myers stated so far the DEA has taken away two licenses from two huge distributors of Schedule II narcotics that affect many of the clinics in the City and throughout the County. He stated with the law effective July 1, 2010 and with the City ordinance that went into effect last year, it is starting to tighten up things. Sergeant Myers introduced Dr. Levine who will testify that 25% is extremely liberal but something the City can work with; however, 50% is too much. 25 07/06/10 Alan Levine, Pharmacist, stated the last pharmacy he owned he had four major hospices that he catered to and yet his total of Schedule II's of the percentage of his business was 8%. Dr. Levine stated 25% to him is very liberal and it should be no more than that because he feels it encourages "pill-mills" to come in. Mayor McDuffie asked how this helps the City where we have diagnostics in Boca Raton at the south end and crossing over into Delray and are we going to help this situation by cutting down the floor space because the dispensing is in Delray. Mayor McDuffie stated the City of Delray Beach may need to work with the City of Boca Raton to see if we can work out an ordinance. Mr. Dorling stated he is part of the IPARC Issues Forum and this is a group of planning directors and they are working through recommendations that would be incorporated hopefully countywide or it would be a checklist of things that people could do for all of these different communities. Mayor McDuffie asked if the 8% of Schedule II's been monetarily of Dr. Levine's business or was that the square footage. Dr. Levine stated it was monetarily 8% of his business. Mr. Frankel stated he would like to see the ordinance amended and make it a maximum of 10% of total sales because he feels 25% is too high. The City Attorney reiterated that this ordinance is based on total sales. Mr. Eliopoulos moved to approve Ordinance No. 12-10 on FIRST Reading as amended with the reduction from 25% to a maximum of 10% of total pharmaceutical sales for Schedule II, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 15-10: Consider a city initiated amendment to the Land Development Regulations (LDR) Section 6. ] .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. The caption of Ordinance No. 15-] 0 is as follows: 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. 26 07/06/ 10 (The official copy of Ordinance No. 15-10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this is an amendment to the LDR's to eliminate a fire protection provision that conflicts with the Florida Fire Prevention Code. Mr. Dorling stated the City's requirement is five feet where the Fire Prevention Code requires 4' rear and 7.5' front/side clear area. Therefore, staff is proposing to eliminate it and defer to the Fire Prevention Code for the regulations. At its meeting of June 21, 2010 the Planning and Zoning Board considered the text amendment and recommended approval with a 6 to 0 vote. Mr. Eliopoulos moved to approve Ordinance No. IS-10 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 16-10: Consider approval of a historic designation and individual listing on the Local Register of Historic Places for The Harvel House, to be located at 186 N.W. St" Avenue. If passed, a public hearing will be scheduled on July 20, 2010. The caption of Ordinance No. 16-] 0 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE HARVEL HOUSE, LOCATED AT 186 NW 5~ AVENUE, AS 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. (The official copy of Ordinance No. ] 6-10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated ordinance is for the City Commission to approve an individual designation of The Harvel House for listing in the Local Register of Historic Places. The Harvel House is presently located at 36 S.E. 1St Avenue and is classified as contributing in the Old School Square Historic District (OSSHAD). The CRA proposes to relocate this structure to 186 N.W. St" 27 07/06/10 Avenue in the West Settlers District. Mr. Dorling stated the relocation was originally denied by the Historic Preservation Board (HPB) in 2008 and overturned by the City Commission on appeal and part of that approval was subject to the condition that this house be individually listed. He stated it does meet the criteria under LDR Section 4.5.1(B) for that listing. At is meeting of June 8, 2010, the West Atlantic Redevelopment Coalition (WARC) reviewed the subject designation and recommended approval; at its meeting of June 14, 2010, the Downtown Development Authority (DDA) reviewed the subject designation and recommended approval. Mr. Dorling noted a typographical error on the last page of the ordinance as it relates to Section 8 and it should read Section 6. In addition, Mr. Dorling stated that this ordinance will not become effective immediately upon passage on second and final reading but that the language be changed to reflect that it becomes effective when the property is moved. Mr. Eliopoulos asked if everything is in process with the Community Redevelopment Agency (CRA) and he does not want to see anything happen to this house in the meantime. Mr. Dorling stated the CRA is going through the final steps and they are hoping to get all the necessary approvals and have it moved by October 2010 at the latest. Mrs. Gray asked if the new location on N.W. 5`h Avenue is a historical district. Mr. Dorling stated this is the West Settlers District and the house will be located just north of the Spady Museum. Mrs. Gray asked if there are any historic markers in this area. Mr. Dorling stated the historic markers are up in the West Settlers District. Mr. Frankel moved to approve Ordinance No. 16-10 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 12.D. ORDINANCE NO. 21-10: Consider an amendment to Chapter 32 "Departments, Boards and Commissions", by amending Section 32.66, "Meetings", to provide for quarterly meetings of the Police Advisory Board. If passed, a public hearing will be held on July 20, 2010. The caption of Ordinance No. 21-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", BY AMENDING SECTION 32.66, "MEETINGS", TO PROVIDE FOR QUARTERLY BOARD MEETINGS; PROVIDING A SAVING CLAUSE; GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 28 07/06/ 10 (The official copy of Ordinance No. 21-10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Cathy Kozol, Police Legal Advisor/Assistant City Attorney, stated 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. Mr. Fetzer moved to approve Ordinance No. 21-10 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:52 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated that Commissioner Gray had expressed concern about the crosswalks in front of Village Academy and noted there are designated crosswalks at the intersection of S.W. 12` Avenue and 3~d Street and S.W. 12~' Avenue and 4`h Street. The City Manager stated the City is currently in the design phase of the S.W. 12`h Avenue project which includes not only these two intersections but also S.W. 12`h Avenue and 1 s' Street and 2°d Street. The proposed plan is to design all intersections with curving at the corners to provide additional protection from vehicles turning onto and off S.W. 12'h Avenue. The design will also include marked crosswalks at all intersections along S.W. 12`h Avenue. The City Manager stated the City has collected traffic speed and volume data and this data is being reviewed. If the speeds in the school zone during the morning and afternoon hours exceed the posted, then 20 mph school flashers will be installed by the City. The City Manager stated Commissioner Gray also asked about the "No U-turn" signs along West Atlantic Avenue at every intersection from 1-95 to Swinton Avenue. The "No U-turn" signs were installed as part of the recent RRR project by the Florida Department of Transportation because according to their standards, there is not sufficient room to make a proper U-turn at these intersections. If they had the right-of--way, the roadway would have been widened at the intersections similar to what they constructed along US-1 south of Linton Boulevard to meet FDOT standards to allow U-turns. Secondly, the City Manager stated he would like to give a brief update regarding the budget and his intention is to bring something before the Commission at the Workshop Meeting of July 13, 2010. The City Manager stated the total revenue estimate at this time is $91,146,290.00. He stated the initial expenditure request that he received 29 07/06/ 10 from departments and other sources totaled $100,092,050.00. The City Manager stated in his initial review he cut $1,198,050.00 and noted he would also cut out the additional staffing that the Fire-Rescue Department has requested for Station #2 and add two EMS billing clerks because the City believes it can bring in more revenue and that is another reduction of $481,940.00. The City Manager stated that leaves net expenditure requests of $98,419,260.00 so we have a remaining budget gap of $7,272,970.00. He stated the City is still looking at a gap of $4-5 million range and given what the City's expenses are there is no way to close that gap without affecting personnel costs. The City Manager stated the only way to reduce personnel costs is to cut salaries, cut benefits, or cut the number of employees and possibly some combination of those. The City Manager stated he will bring the Commission a budget with no millage increase and show them what staff has done to get to that and then work from that point. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer had no comments or inquiries on non-agenda items. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos asked the City Manager to give them an outline as far as what the Commission can work with regarding DDA. Secondly, Mr. Eliopoulos stated he received an email from Mr. Stein Stoner who wants to talk to Parks and Recreation and see if the City would consider renting out a section of the Teen Center for skateboard equipment, etc. Mr. Stoner makes skateboards and has been funding a lot of events at the Teen Center. Mr. Eliopoulos stated he was part of the Relay for Life in Delray Beach on June 26, 2010 and it was the first annual American Cancer Society Event that they had. He stated there was some city employees who attended that were actually two time survivors. He stated the Historic Boat Tour was great for Delray Beach in showcasing our historic structures. Lastly, Mr. Eliopoulos stated his office is currently working on the Eagle Nest II project and commented that a historic structure was moved from Del-Ida to right off Swinton Avenue. Mr. Eliopoulos stated there is potential for the City to do an Eagles Nest III project and feels it would be a good opportunity for the students. 30 07/06/] 0 13.C.3. Mrs. Gray Mrs. Gray stated today she attended a free basketball clinic that the Roots Cultural Festival and Village Academy sponsored. She stated this was a free clinic and is a three week program for children who cannot afford to attend camp. Mrs. Gray stated there were approxi-nately 50 children in attendance today and thanked the Roots Cultural Festival and Village Academy for coming together to look after the children. 13.C.4. Mr. Frankel Mr. Frankel stated with regard to the CVS Pharmacy he learned tonight that Wal-Mart, Walgreens and 7-Eleven are open 24-hours and requested that the City Manager provide him with list of any others that are open 24-hours. Secondly, Mr. Frankel stated he and Commissioner Fetzer attended a presentation for the Milagro Center and a local business CrossFit Delray Beach (CFDRB) which is a gym located at Lake Ida Road and Congress Avenue donated $11,000.00. Mr. Frankel congratulated everyone and stated it was very nice to take part in this event. Lastly, Mr. Frankel thanked everyone involved with the July 4th event and stated it was great with the exception of the weather. 13.C._5. Mavor McDuffie Mayor McDuffie stated on the evening of July 3, 2010 starting at 9:00 p.m. he had the opportunity to go on the radio with Armed Forces Radio for two hours and they waited until 9:00 p.m. so that they would be able to hit the west coast at 6:00 p.m. and they also broadcasted to Iraq and Afghanistan. Mayor McDuffie stated during the show he spoke to a 2"d Lieutenant Smith and a Lieutenant Colonel in the Air Force in Afghanistan at an air base. Mayor McDuffie stated the Lieutenant Colonel had to drop off and go do something with his unit and they were speaking to 2"d Lieutenant Smith when the engineer indicated that they had his daughter on the line from California. Mayor McDuffie stated they patched the daughter and subsequently the wife through to Lieutenant Smith in Afghanistan. Mayor McDuffie stated there was not a dry eye in the booth and this was one of the greatest things he has ever participated in. Mayor McDuffie suggested that if anyone passes a service person in the airport or someplace to thank them for their service because they do a great job and they are not recognized for it. Mayor McDuffie stated this was a tremendous experience for him to sit in on the night before July 4th Secondly, Mayor McDuffie thanked the DMC, the Chamber of Commerce, Linda Karch, and Parks and Recreation, for their help with the July 4th event. He stated it was a great team effort from everyone in the community. There being no further business, Mayor McDuffie declared the meeting adjourned at 8:08 p.m. 31 07/06/ 10 City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on July 6, 2010, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 32 07/OC/10 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAM[-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE to Ga Delra Beach Cit Co~mnission MAILING ADDRESS THE ROARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 2 ~ 5 Geor a Bush Boulevard WHICH I SERVE IS A UNrT OF: ER LOCAL AGENCY ^ OTH CIIY U COUNTY CITY COUNTY p ~[~, r a h Florida 33444 $eaCll NAME OF POLITICAL SUBDNISION: Beach DATE ON WHICH VOTE OCCURRED MY POSITION IS: '] ~ 6 ~ 2 ~ 1 ~ ~ ELECTIVE ^ APPOINTNE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting corlfiici of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining From voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. ~, APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B- EFF. 1/2000 Item 8 .R = Item 9.A.A. PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. - The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Gary Eliopoulos ,hereby disclose that on July 6 , 2010 (a) A measure came or will come before my agency which (check one) g~ inured to my specal private gain or loss; inured to the specia! gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of ~ by whom I am retained; or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: GE Architecture, Inc_ July 6, 2010 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 112000 PAGE 2 WHEREAS, The United States Tennis Association (USTA) has announced that ten finalists have been selected -from an initial group of 82 cities that submitted entries - in its "Best Tennis Town" competition. Fans across the country can now vote for the community that they feel best exemplifies tennis' positive impact at the local level in terms of passion, excitement, and spirit; and WHEREAS, the 2010 "Best Tennis Town" winner will be determined by a nationwide online vote at u~~w.besttennistown.com beginning today at 12:01 pm EST and continuing until July 26, 2010 at 11:59 am EST. The top three finalists will travel to New York City where the winner will be revealed during a ceremony at the 2010 US Open. The winner will take home the 2010 "Best Tennis Town" title, an accompanying trophy and $100,000 to be used for community-wide tennis programming or facility- enhancements; and WHEREAS, the search for America's "Best Tennis Town" is United States Tennis Association's (USTA) second nationwide search to identify the local area - from small, rural towns to large, urban metro areas and everywhere in between -that best exhibits the qualities of a great tennis community; and WHEREAS, the City of Delray Beach is honored to be nominated as a finalist in America's "Best Tennis Town"; and WHEREAS, the City of Delray Beach will temporarily rename the City as "Cit<~ of Tennis Beach". NOW, THEREFORE, I, ADAM FRANKEL, Vice Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the City of Delray Beach, during the week of July 19 -July 26, 2010, as: ~~CITY OF TENNIS BEACH" and call upon the people of Delray Beach, Florida, to join their fellow citizens across the United States in recognizing and participating in this special observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 20`'' day of July , 2010. ADAM FRANKEL VICE MAYOR Delray Sister Cities Student Exchange Students to do presentation at the July 20, 2010 Commission Meeting Chelsea Brandt Sophia Ellingsworth Matthew Feldman Matthew Kondziela Jacqueline Lowell Danielle Trubow Robert Weil C.ANroaram Files\NeeviaCom\Document ConverterAtempAPDFConvert 8875. I Delray Sister Cities Student Fschange Students to do presentation at the doe MEMORANDUM TO: Mayor and City Commissioners FROM: Juan Manzano, SPIRIT Committee Chair THROUGH: Mr. David T. Harden, City Manager DATE: July 7, 2010 SUBJECT: AGENDA ITEM 7.B. -REGULAR COMMISSION MEETING OF.TULY 20, 2010 SPIRIT QUARTERLY AWARDS PRESENTATION ITEM BEFORE COMMISSION The item before the City Commission is the recognition of one quarterly winner chosen by the S.P.I.R.I.T. Committee for service, performance, integrity, responsibility, innovation, and teamwork. BACKGROUND In accordance with the City's S.P.I.R.I.T. policy, employees nominated by their peers for a Quarterly Award and approved by the S.P.I.R.I.T. Committee are presented with an award certificate by the Mayor. The following employee met these requirements: Louis Lucas, Crew Leader II in the Water/Sewer Division Spirit Award Nomination -Recognition of Outstanding Performance Louis (Luke) W. Lucas Environmental Services/ Water Serwer Network ~/' VI's t~'1G ~~~Lx~~itGt- 1`~7 ~1LZzLL.LJ Luke noticed his co-worker that he supervised, was not feeling well, and even though he said he was okay, Luke insisted on taking him to Fire Station 1 to check his vitals. Once there, the paramedics transported him to the hospital. After further testing, the doctors stated if it had been 10 more minutes, he may have had a stroke! Sometimes you are not aware of problems because they come on gradually and are what are known as "silent killers". Luke's had previously had his EMT license so he has some medical knowledge, luckily enough to notice the signs his co-worker was in distress and needed medical attention. Luke's actions were exemplary and followed every one of the City's Core beliefs of: Service - by problem solving and willingness to help Performance - by taking action and anticipating problems Integrity- by being respectful, honest and courteous Responsibility -taking ownership Innovative- solves problems Teamwork- cooperates with others We do hope this employee continues to do well and wish him all of the best, and are thankful to Luke for exhibiting outstanding decision making and taking action which could have actually saved a fellow employee's life!! MEMORANDUM TO: Mayor and City Commissioners FROM: Tracie M. Lutchmansingh, P.E., Asst. City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: July 14, 2010 SUBJECT: AGENDA ITEM B.A. - iZF,GLILAR COMMISSIQN MEETING OT~ULY 20, 201Q ACCEPTANCE OF F,ASEMEI~T DEED AID SIDEWALK DEFERRAL / 1110 HARBOR DRIVE ITEM BEFORE COMMISSION Approval of a 5-foot Sidewalk Easement Deed and Sidewalk Deferral along Harbor Drive for the property located at 1110 Harbor Drive. BACKGROUND This property is a vacant lot located on the south side of Harbor Drive. Anew two-story single family residence with a pool and boat dock is being constructed. The Development Services Management Group supports the sidewalk deferral request. Currently, there are no plans to install a sidewalk along Harbor Drive. The easement deed would allow a sidewalk to installed at a future date. RECOMMENDATION Staff recommends approval. Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Offcce 200 N.W. lst A~~enuc Delray Beach, Florida 33444 1 ~. Pvt/;il f! ~~ lrl~rl ,~ ~__ - ~~ f'L~NNINU & l()NINC AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMF..NT entered into this day of 200_, between the City of Delray Beach (hereinafter the City) and Jeri and Sally McNamara (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along 1110 Harbor Drive until such time as the City requests the constriction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.l .3(C) requires the installation of a sidewalk, within the 1110 Harbor Drive right-of-way immediately abutting the subject property, Uy the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. Page 1 of 3 WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 1110 Harbor Drive Delray Beach, FL 33444 LOT 36 PLAT OF DELRAY ISLE according to the plat thereof, as recorded in Plat Book 24 Pane 165 of the Public Records of Palm Beach County 1. The Owner agrees to construct a sidewalk, at its sole cost acid expense, along the 1110 Harbor Drive right-of-way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 200_. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to form and sufficiency: City Attorney Mayor Pnge 2 of 3 WITNESSES: :~ G LGt-~~ (Please type or print name) t lease ype or print name) STATE OF ~~~ ~"~ ~ )f) COUNTY OF Rt_m ~<<-cam. OWNER: B,. ~~ J •ry M amara B '~`_"_ Sit ly McNamara BEFORE ME personally appeared Jerzy McNamara and Sally McNamara who are BOTH personally known to me or [has] [have] produced [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that they executed said instrument for the purposes expressed therein. ~ ~ WITNESS my hand and official seal this day of Ire My commission expires: agt/sidewalk dcferrnl agreement Public ANITA TELL Commiss4an DD 820778 Expires December 20, 2012 BxdM iluu Lo/ fzn hu'rance b06Jo4701B Pnge 3 of 3 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beacli, Florida 33444 EASEMENT DEED THIS INDENTURE, made this day of , 2010, by and between Jerome and Sally McNamara , with a mailing address of l 110 Harbor Drive, Deha~Beach, party of the first part, and the CITY OF DF.LRAY 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 fu•st part, for and in consideration of the mutual pronvses herein contained and other good and valuable conside-•ations, 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 public pedestrian access and for the purpose of the maintenance of a public sidewalk with full and free right, liberty, and authority to enter upon and to maintain such sidewalk across, through and upon 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 further right in the party of the second party, 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, -•est-•ictions, conditions and reservations of record. That the party of the fu•st part agt•ees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the fast part also agt•ees to erect no building or affect any other kind of construction or improvements upon the above-described property, other than the aforementioned sidewalk. It is understood that upon completion of sidewalk construction by the party of the fast part to the required standards, the party of the second part shall repaiz• and maintain the sidewalk in conformance with its practices of maintaining public sidewalks throughout the City. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the sanle is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. u~ITNESS #1: ,~~` ~_ ~ - (name printed o • typed} WITNESS #2: ~~ ~~-~ G iNA.~I f' ~f~~~ll~itJ (name printed or typed) PARTY OF THE FIRST PART Je • me McNamara By• `_"'~ Sally McNamara STATE OF ~~ ~ ~ D /~ COUNTY OF SAG/» ~F~~N The foregoing instrument was acknowledged b fore APiC~.I L , 2010 by Jevo,1~¢, ~f ~ ~~U ~I~~+la 7~t ~(: (name of corporation , a incorporation) corporation, on behalf of the corporation. He is has produced (type of ide tification)l not take an oath. (SEAL) •, ti1;,"~"•••; ANITATELL ~` ~:: Commission DD 820778 '" ~ - ;~t Expires December 20, 2012 '~~$1~~~• Fpd9d 11w Troy Fzn Vg1~YK6 ~p3bS7019 Signature State of i 2 me this ~ day of of officez• or agent), of (State or place of ~nallv known to me or Public - SKETCH OF DESCRIPTION EXHIBIT 'A" SHEET 1 OF 1 ~ o N !I 4.i J v HARBOR ORII/E 0 a N St DESCRIPTION. THE NORTH 5.0 FEET OF LOT 36, DELRAY ISLE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24, PAGE 165, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. NOTES.• THIS IS NOT A SURVEY THE NORTH L1NE OF LOT 36 IS ASSUMED TO BEAR N.90°00'00'E PAUL D. ENGLE SURVEYOR & N DA TE.~ JUNE 2010 #5708 ORDER N0. 95-124EA a a Z O O J _` ~~- v < <, ~ ~_ ~~ 'a~ ~ ~~ ~- . ~ W ~_ Q ~_ C~ U (a N m J+ (a L 0 0 N O N ti MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E., Assistant City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: July 14, 2010 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSI.ON MEETING OF .iULY 20, 2010 ACCEPT SIDEWALK EASEMENT DEED/SIDEWALK DEFERRAL/DRAINAGE EASEMENT AND HOLD HARMLESS /1102 N. VISTA DEL MAR DRIVE ITEM BEFORE COMMISSION Acceptance of 5-foot Sidewalk Easement and Sidewalk Deferral along North Vista Del Mar Drive; a 5- foot Drainage Easement; and a Hold Harmless Agreement for Improvements Placed within a Utiltity Easement for the property located at 1102 North Vista Del Mar Drive. BA K~ROUND This property is located on the south side of North Vista Del Mar Drive. The existing structure is being demolished and a new customized one-story single family residence with atwo-car garage is being constructed. The Development Services Management Group requested a 5-foot sidewalk easement along North Vista Del Mar Drive and supports a sidewalk deferral. Currently, there are no plans to install a sidewalk along North Vista Del Mar Drive. A 5-foot drainage easement is required for the City's existing 24-inch drainage pipe on the east side of property. A Hold Harmless Agreement is required to hold the City harmless for any damages that may be caused to the owner erected block type retaining and privacy walls over the drainage easement. The agreement also stipulates the owner will remove the walls upon the City's request. RECOMMENDATION Staff recommends approval. Prepared By: RETURN TO: t2. Brian Shutt, Esq• Ciq~ Attorney's Office 200 N.W. Ist Avenue Delray Beach, Florida 33444 AGRI;I;MIJNT I+OR SIDE~'4rALIZ IMPROVCMENTS THIS AGREEMENT entered into this day of 20 L, between the City of Delray Beach (hereinafter the City) and ,~~i G ~~- (hereinaftet• the Owners), for the purpose of waiving the requirement of the Ilda viS~-a Oel (Ylaf t]f: tv , installation of a sidewalk along ~.Itc~~~ec,ct,~'~t~ ~`l~t~i~til such time as the City requests the construction of the sidewalk by the 04viier. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a r G i sidewalk, within theViS!-c~ lea YYIa! ~(1~JP ~V.right-of--way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; ancl, WIIER~AS, the Owners have requested a waiver from the requirerneni at'ttte installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk unfit such time as the City requests the Owner construct the sidewalk. 1'nge 1 of 3 WITNBSSETH NOW, THEREFORE, in witness of the above and inconsideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: K~rca,~,1c~2.rti~r4~cn•4ion ~'~.-,r-~~e{ ; 1 ~.••'-t-5~ ~-ib-• 1b° ~'~S -oao -o-~~io 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the (jr-;,~~ ~J~r~-~.., right-of-way abutting the subject property, 4vithin a time period that is acceptable to the City, after being requested to do so by the City. I'he sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreeme~rt shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreemenf set their hands and seals this _ _ day of , 2Q _. A7"I'EST: CITY OF DELRAY BEACH, FLORIDA By• City Clerk Mayor - Nelson S. t~r•lc~urfi-(;•e.. Approved as to form and sufficiency: City Attorney Page 2 oj3 WITN LO ~l/ 1 ~l. (''e (Please type or rin ame) (Please type or print n me) OWNER: By: l STATE OF <: COUNTY OF BEFORE ME personally appeared ~_- I'` ~ ~e y4~ ~ ~ who [is [are] personally knotivtr or (has] [have] produced (aud respectively) as identification, and who executed the foregoing instrument, and acknowledged before me that [he) [she] [they] executed said instrument for the purposes expressed therein. .x,., WITNESS my hand and official seal this ~_ day of 1 20 My conrrnission expires: ~~~ ~ , 2.~~~c of ry Public {signahu•e) t_YOIA PAVlO :.; ~,,: h1YCOh1~41fSSI0N7DD974029 ea` EXPIRES:JunQ9,2014 ~R ~q. Bolded Truu Notary PuW':c Urdenvriters agUsidegalt: deferral agreement Page 3 oj3 Prel,ared by: 121?TURN: Territ] C. Pybw~i, Esq. City Attorney's Office 200 N. W. 1 sL Avenue Delray Beach, I'torida 33444 r,~a~rlulrlvr n~~D T1<IIS INl)LNT>ilIt~, made this clay of 2010_, by and between _ , with a mailing aclc{ress of _ ,party of the rrst part, aril the CiT'!r' Or DI+~LRA'Y IIEACII, `~rith a mailing aclclress of 140 N.W. lst Avenue, Detray Beach, rlorida 33444, a nnitucipal corporation in Palm Beach County, State of i'lorida, party of the second pact: WITNl';SSETH: That the party of the first part, for and in consideration of the mtthial promises herein eontainec{ and other good and valuable eonsiclerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a riglrt of ~vay and peipeiual easement for public pedestrian access and for the purpose of the maintenance of a public sidewalk with fiill and free right, liberty, and aufl~ority to enter upon and to maintain such sidewalk across, tluough and upon or within the following described l~roperry located in 1'ahlz Beacli County, I'lorida, to-wit: DESCl'.11'T10N See Lxhibit "A" Concomitant and coextensive with this right is the fru•tlier right in the party of the second party, its successors and assigns, of ingress and egress over and on the above-described property, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, conditions and reservations of recorc{. T}iat the party of the fu~st part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or affect any other kind of construction or imp;•ovements upon the above-described property, other than t}ze aforementioned sidewalk. lt. is understood chat upon completion of sidewalk conshvction by the party of il~e first part to the required standards, the party of the second part shall repair and maintain the sidewalk in conformance with i[s Practices of maintaining public siclewallcs throughout the Ciiy of Delray Beach. Party of the first paz•i sloes hereby frilly ~va-•~•ant the title to said land and will defend the same against the la~~~fi~l claims of all Persons whomsoever claimed by, through or 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 tlae context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNF..SS WI-IEREOF, the parties to this Easement Deed set their hands and seals the clay and year first above written. WITNESS #1: PARTY OF THE FIRST PART By: (name Printed or typed) WITNESS #2: (came printed or typed) STATE OF COUNTY OF The foregoing instrument was aclaiowleclged before me this day of 2010_ by {name of officer or agent), of (name of corporation), a (State or Place of incorporation) corporation, on behalf of the corporation. HelShe is personally luiown to me or has produced (type of identification) as iclenii(ication and dicl/dicl not take an oath. Signature of Notary Public - State of ATTEST: CITY OF DELRAY BEACI-I, FLORIDA IIy: City Clerk Nelson S. McDuffie, Mayor Approved as to Legal Ii orn~.: City Attorney 2 SKETCH OF DESCRIPTION Ex~-aerr ';a" sHEET ~ of 1 ~ o N W J V cA = 2°o5of ARC =75.01' RACrus = zo5~ss' ~ g CB. = S89°38'017"x! t/ISTA DEL MAR DRII/E NORTH na4rt~ crE ca = gas°38now. cor 34 CA = 2°05 Dl" ARC 75.01 ~ >zaa7.cs =2x62.66' O w PRA"OSED 5' WALK EASF.74ET/T Q LOT 34 DESCRIPTION. THE NORTH 5.0 FEET OF LOT 34, DELRAY BEACH ESPLANDE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 18, PAGE 39, PUBLIC RECORDS OF PALM BEACH COI~VTY, FLORIDA. NOTES.• THIS lS NOT A SU41/EY THE EAST LINE OF LOT 34 !S ASSUMED TO BEAR N.0°00'00'E C.A. =CENTRAL ANGLE C.B. =CHORD BEARING PAUL D. ENGLE SURVEYOR & A DA TE• APRIL 30, 2D 10 X5708 S 0 N O e Prepared by: RETURN: R. Brian Shutt, Esy• City Attorney's Oftice 200 N. W. 1 st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INllENTURE, made this day of 200_, by and between ~i'•'-"c Gebha.rd~ g ~ ~..~/_~ a h F~ 33yy5 with a mailin address ofa8ai !-lannpinnC'~cl eIL~-1~~ `l~~•tY of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 10 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 of the construction and maintenance of a drainage pipe with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such drainage pipe 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 further right in the party of the second party, 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. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or 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. Vdhere the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS # 1: t~rN'c.~l e, ~h~ur~ (name printed or typed} PARTY OF THE FIRST' PART By: ..-~---s ~~~c~~~~ WITNESS # Sco-1~ din l'e (name printed or ped) STATE OF COUNTY OF fcl,~v~ e~E,<rt-. The foregoing instrument was acknowledged before me this ~~ day of 'S~,~ , 2Q~p by ,~"~•~'C, Cjp~h ~•~ (name of officer or agent), of Jl~a ViS~a- Cbi,l }mo.r' tel. i'y• (nat~e--e€-eerpe~#~e~, as Qwy~. ,<--plaee-°F i~car:pniatian~re~:pe~a~ie~ex-bgl~ai~sf-ti~~.ce~~er~t~. He/She is tsonally kno to me or has produced (type of identification) as i en i nation and did/did not take an oath. ~~ Sign re of Notary Public - State of _~ (SEAL) ~~~• SUZANNE EiELANO .,~,"""nor Canim#1 DD0748481 °` ~ ~xplres411812012. ~ z^. ~.~~ns~~~~`' •• Florida Notary Assn., Inc ' N .,,,unn,~ .. n.~runnu•~.ue .~, ~t ,, ,s r~.,,. ~t~~i~~~• 2 SKETCH OF DESCRIPTION EXH1BlT ':4 " SHEET 1 OF 1 b N II A W J V 1/ISTA DEL MAR DRII/E NORTH C& = S89°22'13' RAQ'US = 2062.66' A~ =5.00' I DESCRIPTJON.• THE EAST 5.0 FEET OF LOT 34, DELRAY BEACH ESPLANDE, ACCORDING TO THE PLAT o + THEREOF AS RECORDED /N PLAT BOOK 18, PAGE 39, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. ~ I "~ ~- ! I w .~ ~~ g~ g NOTES• ~ o~ o ~ TKlS !S NOT A SUR1/EY J ~ J THE EAST LINE OF LOT 34 I ~ lS ASSUMED TO BEAR N.0°00'00'E rn ~ C.A. =CENTRAL ANGLE ,~ ~ C.B. =CHORD BEARING j~ s~ ~ ~~.~ _.. ~ ~~ 5' UTILITY EASEHfIVT PAUL D. ENGLE (PLAT ao0x » PAGE 39) ~ SURVEYOR & MAP ER #5708 00 ~ DATE: JULY 8, 20 f0 ~~•~__ O BRlEN, SUlTER & OBRIEN, INC ~~'-~ CERTIFICATE OF AUTHORIZATION ~/L8353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE.• PAUL D. ENGLE 955 N. W. 17TH AVENUE, SUITE Kl DELRAY BEACH FLORIDA 33445 ORDEf? N0. 09-44DE (561) 275-4501 (561) 732-3279 0 0 0 0 a N u ti Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, FL 33444 HOLD HARMLESS AGREEMENT FOR IMPROVEMENTS PLACED WITHIN A UTILITY EASEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this day of 200_ by and between the CITY OF DELRAY BEACH, FLORIDA, {hereinafter referred to as "CITY") and .C f'iG ~~~"lc~-t~r~. , (hereinafter referred to as "OWNER") WITNESSETH: WHEREAS, OWNER owns property located at I ti0~. Yis~a Oaf ma.~ ~f. N• Delray Beach, Florida, and has requested CITY to allow for the installation of a PrlvaC t,.)~S in a public utility easement; and WHEREAS, OWNER agrees to hold CITY harmless for any damage which might be >Zt~n~ ~ ~.~),.~.~ Q.,~c~l,. caused to the oZ~ C (~V ~,} as a result of maintenance within the public utility easement ot• any action brought against the CITY as a result of the (a) Pr~vc~.., ~,s in the public utility easement. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the patties hereby agree as follows: 1. 'The recitations set forth above at•e incorporated herein. 2. OWNER is the owner of property described in Exhibit "A", which also shows or describes the public utility easement. ~~ 4~ ~e,~a.:~ n t'n~ 3. That OWNER wishes to install a(n) oZ~~f,~l~~,,t (~C~,..~S in the area, as shown on Exhibit "B", in the public utility easement pursuant to the City of Delray Beach Code of Ordinances. Such S shall not be installed any closer than ~ to the public utilities. 4. OWNER acknowledges that the CITY shall assume no responsibility or ~~1n; ~ rl~ ~.xl~.1~. ~..v,r9.. maintenance for the o2 ~_ and any improvements thereto, which OWNER places within the public utility easement and that OWNER shall be responsible for the upkeep and maintenance of such (~a~pr~ ~ ~_ ~ ~A .S and associated improvements in the public utility easement in accordance with the Code of Ordinances of the CITY. S. OWNER, in consideration of the mutual covenants set forth herein, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, an~ mages, which may result from the placement or existence of the (a) YJnUcw.,~ t~a9,), S and improvements in the public utility easement. OWNER further agrees to hold the CITY, its agents, officers, employees and servants harmless for any damage to the jaZ nnyg„{~, WAS and associated improvements OWNER places within the public utility easement. It is understood that any cost for replacement or repair of the a hV ~ and associated improvements shall be the OWNER'S responsibility, and the CITY will not be held liable for any damage to the 2 Win; ~~.ua.9.,.. a,~..~ ~a) 1'~r~vac,u wa1U, S and associated improvements as a result of any maintenance or construction within the public utility easement by the CITY. j~,~r, r n ~ wa.1.). ~e9- 6. The CITY may request, in its sole discretion, that the (_~l~~kx.S~S be removed from the public easement. In the event of such request, OWNER agrees to remove the (a) nf-ve A. i,.aaA,l ~ from the public easement within 30 days of the CITY mailing written notice to the OWNER. If OWNER fails to remove the~~~'y`"`~1`""`~'from the public easement within 3O~day~s of the CITY mailing the written notice to OWNER, the CITY may cet~c~,r~ remove tlie~f"~~"' and bill the OWNER for such removal costs. 7. All notice requu•ed or allowed by this Agreement shall be delivered in person or mailed to the party at the following address: CITY: Environmental Services Director City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 OWNER: ~~"i C ~e.~j~}q,{'c~„ a8al laarn n Circle.. t,Jes-~ ~e l t o.,~.,i `~eA C:h , ~, 33y;••I S This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any claim or lawsuit arising out of this Agreement shall be in Palm Beach County. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: IIy: City Clerk Approved as to Form: By: City Attorney WITNESSES: t~c~n,•Plle Shcrr~ (Print or T ~ me) 5co ff- t7 '~ (Print or Type Na e) STATE OF ~ L COUNTY OF . r~.Q•y~-. $ ~, CITY OF DELRAY BEACH, FLORIDA By: OWNER: '~ By: 1,~---z~ ~'ri ~_ C~ 1-~1~cu~... (Print or Type Name) (SEAL) The foregoing instrument was acknowledged before me this l o~~ day of (A~,,.,~ , 20Q~ by ~r'i C C~ ~,1~hcud~ (name of officer or agent}, of tloa v;_zfi~.. ~ vrl~t~~ ry. (name ~f r^~Ya~a~iertj, as OWr1- ~~-e~laee-ef Yi~uucp ec~iarr: IIe/She i ersonally known me or has produced (type of identification) as i en ~ Ica ion and did/did not take an oath. (~~~'~'~' ignat of Notary Public - State of (SEAL) Yl11!!!lll lllllll\!l!l t!l!!ll!!~O l1l1!/lll• Nrsi ae~A suz „~~„ A ooo7asael Comm# ,,.\,~ra~, =K 1~ r Fxplros 41181201?. c ' ' Y;`: o° *~~ ~ ~~ ry ,Inc % FtoPala Note Assn. . ^ ry , "F~IV+i~`° YYYI\~lYYl4llltll!!YY\lllll\ll lllll YY lllllY! 4 EXHIBIT "A" PROPERTY DESCRIPTION: LOT 34, DELRAY BEACH ESPLANADE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 18, PAGE 39, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. . . ~ ~~~ l ~ ~ a ~~ EXHIBIT "B" ~ o ~w ~ _o s d onmz ~ gg FA Ix m,~~zco y Y~p'A ~ ~'oz~=~~a rni3 ~y ;;99tt '?1 MAX~Ny „Q~L x"`y Y2 A0 34u~ ~tv~••~CC~~•o N --!! ~~~~sa~ ~~~~~ 0 w A~~~a AZ j a 4S~ m~•im K+omz PP R 2SDDAAO ~~`~ ~o~'ER ~ i a tad--n A>'.~° m v i ..' QQV '~ ~ ~' 9 ~ >ow m ~ ~ A ~S ~_ ~•R pe n~~arw v. iZt CY. l ~ _~ ~(('~ t ~~`~} ~' ' ~ ~ ~ mo~o~4~m I I. ~~ ~~~5~~ ~ I ~ ?$~' ~ ~Q ~ IMF ~`• o I SK=o o J r ~ I ~: 5~6 ~ y t~ M ~CC. ~~ `• ~ my 6 ^ !N ~ x cA .~ ;~tp C d~1 •D-1 '.'l ey~.•tCy !~' F ~~ • ; 1y~,6i 'l ~ ^ ~ J" ~~ ~ E `~ ~ e > ~ ~ A3 ~ 7 ~ E ~ y ~ ' 1 ~ ~4 1F A~ 1~k ~( ( C g G..~Y J LlF (_jyS i:. I r '~ ~ T~ ! gq33pP 7 87f o` . S o` ~ '2 M K.~• z ~o X ~ S~I ~I+ T~ y ~ 1 lJ - J y - Y a~~~ y j ~ 8 ~ m Y ~ ~ & /(~ _ r ` _ _ ~c wEU~~~ ~ ~ . __. _ _.-___ 1 } GYfL SITE llfPROYENENTS PLAN FOR: ~~ ~ ` ~~ ---- ~ ~` --- y ~~y o '~ s ^ °~ ~ ~ ~~? ~ ~~e~°K PALENSCt1R RESIDENCE • ,~ •~••~ • ~~~ _ _ _ _ o 4' s _ e ~ 7 ~ _ _ 0 ee:c~ve&ac. • sw~anNx rrrA~ mvsu~r,lrrs 1102 VISTA DEL 3GAR DRIYE iVORTH ~ 1 J' 'o: :: e '::'"' ".N.~ ~ DELRAY BEACH FLOR[D x ~•' e r .: fx ~srA> . Irh.' it....~ . , ~ n.~ y ux - V ~~ a a Z O a 0 J (n C~ U (a N m (a L 0 0 z` ¢° ,,~•~ v® m- ~~~~ ` ° ~ ~ W' o_ - a ~ 0 N O N ti Z MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director of Planning and Zoning THROUGH: David T. Harden, City Manager DATE: July 8, 2010 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF iULY 20, 2010 AMENDMENT NO. 1 TO THE SERVICE AUTHORIZATION/COASTAL PLANNING AND ENGINEERING, INC. ITEM BEFORE COMMISSION Consideration of a proposal to amend the service authorization for geotechnical services and preliminary engineering for the upcoming beach renourishment project. BACKGROUND The original service authorization, approved on August 4, 2009, included five geotechnical and preliminary engineering tasks for the 2012 beach renourishment project. Task #3 included preparation of a Limited Re-Evaluation Report required by the Army Corps of Engineers. However, in recent discussions with the Army Corps of Engineers, this requirement has been waived. Instead, the Corps determined that the City would be required to update the Environmental Assessment and the Cultural Resource Study, as well as conduct an Acropora (Staghorn coral) survey of the reef. The proposed amendment modifies the scope of work for Task #3 in the Service Authorization to reflect these changes. All other tasks detailed in the Service Authorization will remain the same and there will be no increase or change in the time frame or fee associated with this amendment. The modified Task #3 is explained in detail in the attached correspondence from Coastal Planning and Engineering, Inc. The proposed fee for this task remains the same as originally approved (August 4, 2009). FUNDING SOURCE The overall cost for this Service Authorization is not to exceed $428,412.00. Funds are available in the Beach Restoration Fund and the cost is 100% reimbursable from Federal, State, and County funding sources. RECOMMENDATION By motion, approve Amendment No. 1 to the Service Authorization for the preliminary engineering and technical engineering tasks for the Beach Renourishment project. COASTAL PLANNING & ENGINEERING, INC. -- 2481 NW BOCA BATON BOULEVARD, BOCA BATON, FL 33431 561-391-8102 PHONE 561-391-9116 FAX INTERNET: httaJ/www coastalplanning.net e-mail: mail~coasialalanning.net 4819.36 May 28, 2010 Mr. Paul Dorling Director of Planning & Zoning City of Delray Beach 100 NW 1S` Avenue Delray Beach, FL 33444 . ~'~~, '; . RE: Scope of Services Revision for the 2012 Delray Beach, Fifth Beach Renourishment Project Dear Mr. Dorling: In a letter dated April 20, 2010 from Mr. David S. Hobbie, Deputy District Engineer for Programs and Project Management for the Jacksonville District of the U.S. Army Corps of Engineers (USAGE), we learned that the USAGE will waive the requirement for a Lzmited Re- evaluation Report (LRR) for the referenced project. The USA.CE had required the City to produce LRR's for the 1992 and 2002 projects in order far the City to be eligible for Federal cost sharing for the projects. Mr. Hobbie's letter indicated that an LRR would not be required for the 2013 renourishment project if the City agreed that there would be no changes from the 2002 project (fourth beach renourishment project) when constructing the fifth beach renourishment project. 1'he City has agreed tv meet the USAGE requirement to negate the need for a new LRR. This may save us a year of preparation. In review of the project however, the USAGE determined that the City would be required to =~ ~ update both the Environmental Assessment (EA) and the Cultural Resources Study (CRS), as well as conduct an Acropora survey and address the need for a Biological Opinion for the •~ ~ project. The scope of services to provide the EA and the CRS are enclosed with this proposed ~i '~ • • scope revision. There are two environmental items which are not included in this scope revision, but will be incorporated into the next scope of services. The City will be required to provide a threatened and endangered species evaluation which will include species which have been designated as threatened or endangered since the construction of the forth beach renourishment project in 2002. In particular, the City will be required to conduct a survey of the reef in the project area to locate Acropora coral colonies which have recently been designated as threatened species. Acropora colonies may exist on the offshore barrier reef. Also, a Biological Opinion (BO) will be required from the federal resource agencies including the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. In order to provide the agencies with the required information, a 2012 Delray Renourishment Project May 28, 2010 Page 2 Biological Assessment will need to be prepared which provides the information required for the preparation of the BO. As a result of the changes to the project requirements, a portion of Service Authorization No. 5 for the 2012 Delray Beach Fifth Beach Renourishment Project, dated July 30, 2009, will require revision. The only task which requires revision will be Task No. 3, "Federal Project Draft Limited Re-evaluation Report (LRR) Document Preparation." All other tasks will remain as detailed in Service Authorization No. 5. Replacing the "LRR Report Document Preparation" will be the production of an Environmental Assessment and Cultural Resources Survey. Almost $194,000 of the $228,948 allocated for production of the LRR and Beach FX model remain available. Assenting no unexpected issues, production of the EA and the draft Cultural Resources Survey can be accomplished with the remaining funds. Funding will also be available to conduct monthly conference calls with the USAGE and to provide the required coordination with the USAGE to address all of their requirements to achieve federal funding eligibility for the project. Enclosed please find the Scope of Services for the EA, the CRS, and the monthly conference call/coordination with the USAGE, as well as a breakdown of the fees. If you should have any questions, please call me. Sincerely, TAL PLANNING & ENGINEERING, INC. o d ~c and H. pado i Seni r Vice President cc: Sheri Dindial, CPE Jeff Andrews, PSM, CPE Jessica Craft, CPE Lauren Floyd, CPE Tom Pierro, P.E., CPE (:marketing/proposals/fl counties/palmbch/delray/2010/Scope of Services Revision COASTAL PLANNING & ENGINEERING, INC. AMENDMENT NO. 1 TO SERVICE AUTHORIZATION NO. S FOR GENERAL CONSULTING ENGINEERING SERVICES THIS AMENDMENT NO. 1 to the Service Authorization No. 5 dated August 4, 2009 is entered into this day of , 2010, by and between the City of Delray Beach, located in Palm Beach County, Florida, a Florida municipal corporation ("the City") and Coastal Planning & Engineering, Inc., hereinafter referred to as (CPE). WI'I'NESSETH: WHEREAS, the Service Authorization No. 5, entered into on August 4, 2009, based on the Agreement for General Consulting Engineering Services, dated June 1, 1987, between the parties (hereinafter called, "the Agreement"), is hereby amended by removing one scope of work and replacing it with another scope. NOW, THEREFORE, in consideration of the promises and covenants set forth herein, and the good and valuable consideration as provided for herein, the parties agree as follows: 1. Recitations. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Revision. Task 3, Limited Re-evaluation Report, is hereby removed in its entirety and a new task, "Cultural Resources, Environmental Assessment, and Corps of Engineers Conference Calls/Coordination", as shown on Attachment "A", attached hereto, is hereby incorporated in this Service Authorization No. 5. There shall be no increase or change in the time frame or fee/cost charge for Service Authorization No. 5. 3. Full Force and Effect. All other terms and conditions of Service Authorization No. 5, not expressly modified by this Amendment No. 1 thereto remain in full force and effect. 4. Entire Agreement. This Amendment No. 1 along with Service Authorization No. 5 and the original Agreement is the entire Agreement between the parties. ATTEST: Bv: City Clerk Approved as to Form: By: City Attorney WITNESS: (print or type name) CITY OF DELRAY BEACH, FLORIDA By: Nelson S. McDuffie, Mayor COASTAL PLANNING & ENGINEERING, INC. By: Name Printed: Title: ' (SEAL) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of 2010 by of a corporation, on behalf of the corporation. He/She is personally known to me/or has produced (as identification). Signature of Notary Public 2 CONSULTING SERVICE AUTHORIZATION DATE: August 4, 2009 SERVICE AUTHORIZATION NO. 5 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: 2012 Delray Beach, Fifth Beach Renourishing Project This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the contract between Coastal Planning & Engineering, Inc. and the City of Delray Beach dated June 1, 1987. Coastal Planning & Engineering, Inc. (CPE} will conduct preliminary engineering, prepare the Joint Coastal Permit Application and prepare the first draft of the Limited Re-Evaluation Report (LRR}. The LRR will be submitted and reviewed by the U.S. Army Corps of Engineers (USAGE). SCOPE OF SERVICES: Task 1: Geotechnical Services: A. Review of Previous Reports, Existing Geotechnical and Geophysical Data Historic datasets available for the study area (bathymetry, seismic, sidescan, bottom samples, vibracores, efc.), ROSS datasets, NOAA bathymetry datasets and morphologic maps will be reevaluated and analyzed in a GIS {Geographical Information System) framework in order to provide background information to the FDEP. In particular, CPE will attempt to locate historic vibracores and revisit the analysis of these vibracores. CPE will also locate and review previously collected geophysical data and any previously conducted cultural resource investigations. The information gathered during this phase will be reviewed and evaluated in terms of potential borrow area identification for presentation to the FDEP. B. Bathymetric Survey Based on the results of the evaluation of geotechnical information, a survey plan will be developed for the Bathymetric survey which will be conducted in and around the previously permitted borrow areas to delineate a borrow area for the project. The Bathymetric survey will include the use of a Multibeam Echo Sounder. Bathymetric data will be collected over a five {5) day period. The survey will extend from the western OR/6/~/AL SE~et/~GE i4~/TKa?/~~+T/odt~ r~ SGO~°E p~ SE~L[/ICES 2012 Delray Beach, Fifth r3each Renourishing Project July 30, 2009 Page 2 edge of the barrier reef to the seaward extent of our standard beach nourishment profile lines to provide complete bathymetric coverage from the shore to the reef. Survey line spacing will range from 40 feet in the inshore portion of the investigation area to 110 feet for the offshore portion. The survey will result in the development of a comprehensive bathymetric chart which will document which areas have been excavated, which areas previously excavated have infilled due to wave activity and which areas have not been excavated. The final charts will be reviewed by CPE Professional Surveyor and Mapper certifying that the survey meets BBCS Technical Standards established in Part II.A of the BBCS Monitoring Standard for Beach Erosion Control Projects and minimum technical standards of Chapter 61 G 17 -6, Florida Administrative Code. Bathometric Survey Equipment to be Used During the Survey a. Navigation System: A Trimble Real Time Kinematic Global Positioning (RTK GPS) system with dual frequency receivers will be used on board the survey vessel to provide high- precision navigation and instantaneous tide corrections. In order to maintain the vessel navigation along the profile lines the Hypack Inc.'s hydrographic system Hypack 6.2a® will be used. This software merges RTK GPS vertical and horizontal positioning with the sounding data, allowing real time review of the profile data in plan view or cross section format. It also provides navigation to the helm to control the deviation from the online azimuth. b. Multibeam Echo Sounder Fathometer: The adorn Hydrographic Systems, Inc.'s ES3, a shallow water multibeam echo sounder, will be used to perform the bathymetric survey. The ES3 Multibeam echo sounder is a portable easy to use system that will collect bathymetry over a 120 degree swath at a water depth of up to 200 feet. The ES3 has a maximum operating depth of 330 feet with a ping rate of 12Hz at 20m range and the minimal detectable range is 1.6 feet below the transducer. The sounder wi[I be calibrated using an adorn Hydrographic Systems, Inc.' s Digital Pro® speed-of- sound velocity meter. Speed of sound through water and other selected parameters will be adjusted to accurately reflect physical water conditions in the survey area. Bathymetric Data Analysis and Chart Development The data that is collected will be used to develop a comprehensive bathymetric chart extending from the barrier reef line inshore to a depth of about -25 feet NA YD. This bathymetric chart will be compared to the most recent bathymetric chart to determine 2012 Delray Beach, Fifth t3each Renourishing Project July 30, 2009 Page 3 potential sand resources that may be available for borrow area development, including potential use of areas which have previously been excavated but have infilled due to storm activity or may still contain sand. A PowerPoint presentation will be prepared summarizing the results of the geotechnical investigation. We will attend a pre- application meeting with the FDEP and the City of Delray Beach to discuss the results of the investigations and determine FDEP requirements for the development of a borrow area for the fifth beach renourishment project. Task 2: Preliminary Project Design and Engineering Services: In the initial phase of the design effort, available information will be considered in the development of the project size and scope using available information. Previously collected annual monitoring survey will act as the preliminary design survey to aid in the initial beach fill design and permitting effort. Previous coastal engineering evaluations of the project area beach and nearshore dynamics will be evaluated to identify the beach nourishment needs and quantities. Designs of fill placement and fill configuration will be formulated, based on current economic, environmental, and physical conditions, including available fill material characteristics consistent with FDEP requirements and federal authorization. Preliminary project considerations will be addressed in communication with the FDEP to develop a permittable beach nourishment project, and a project which meets technical funding requirements. A beach renourishment design will be prepared for incorporation into the joint coastal permit application and federal funding document (Limited Re-evaluation Report). Task 3: Federal Project Draft Limited Re-evaluation Report (LRR) Document Preparation: The services proposed under this task are required to develop the draft LRR for the construction of the Fifth Beach Renourishment Project. The report will be formulated in accordance with recent LRR's developed for the USACE. It is anticipated that 3 to 4 years will be required to process this document through the approval process at the USACE. The process will involve independent reviews of the LRR by various sections of the Jacksonville District, followed by review at the Atlanta Division of the USACE. After approval by the District and Division, the LRR will be forwarded to Washington DC for review and eventual approval. This process wilt require a number of years to complete. The LRR shall be formulated and formatted in accordance with recently accepted LRR's, and as appropriate, may include the following general sections: a} Problem Identification b) Benefits Analysis c) Economics d) Geotechnical Discussion e) Design and Costs 2012 Delray Beach, Fifth t3each Renourishing Project July 30, 2009 Page 4 f) Lands, Easements, and Right-of-Way g) Text, Summaries h) Results of Meetings and Coordination Storm Reduction Benefits Analysis As presently required by the USACE for the purposes of Shore Protection Project formulation and evaluation, a storm damage reduction benefits analysis will be performed using a highly complex and relatively new USACE certified modeling program Beach-fx for the reevaluation the project shoreline economic feasibility and justification. It is anticipated the following general work effort will be required to complete the model. a. ldentify Model Domain and Create Model Framework. This task will include an evaluation of the required model domain, identification of the alongshore and cross-shore dimensions of the model domain to be considered in the storm damage reduction benefit calculations. The elements will include, but may not be limited to, habitable structures, pools, tennis courts, beach walkover, cabanas, roads, parking areas, beach access, utilities and other beach front infrastructure that have measurable value and could be damaged during a coastal storm event. An initial database of damage elements shall be developed and made available to a real estate expert previously recommended by the USACE for the purposes of performing an appraisal and establishing values of all damage elements that will be required as input to the Beach-fx model. b. Collect and Compile Model Input. This task will include the identification and compilation of damage element attributes required by the Beach-fx model. The information may include element identification, structure type, foundation condition, first floor elevation, value, horizontal location, predicted structure response to storm impacts (i.e., damage function). The latter must be specifically developed using known characteristics of each damage element. This information will be formatted in a manner such that it can be imported directly to the Beach-fx model. Structure value and replacement cost data required for the damage elements and the shorefront land value in Delray Beach will be required. A Property Value Appraisal and Land Value Determination will be needed for the purposes of determining damage element values, and will be addressed through retention of a real estate expert previously recommended by the USAGE or similar. c. Develop Coastal Processes Input. This task will include the development of coastal processes information that will be used as input to the Beach-fx model. The task will specifically include the development of a tropical and 2012 Delray Beach, Fifth t3each Renourishing Project July 30, 2009 Page 5 extra-tropical storm database, representative beach profiles, prediction of long-term beach change with and with-out project conditions and prediction of storm-induced beach change for a variety of storm and beach with conditions. d. Shoreline Change Predictions. Long-term shoreline change predictions are required by the BEACH-fx model to estimate future shoreline positions with and with-out project conditions. This requires establishment and calibration of a shoreline change model for the model domain and simulation of with-out project conditions and simulations of the various project options. e. Storm Response Alternatives. The Beach-fx model requires input of a matrix of possible storm response scenarios for various storm intensities and beach configurations. This requires development, calibration, and verification of a model and simulation of beach profiile, beach berm, and storm combinations for with-out and the various project alternatives considered in the project economics optimization process. Based upon experience with the BEACH-fx model to-date, it is not unreasonable to expect that numerous shoreline response simulations will be required during the project formulation process. f. Shorefront Development Storm Vulnerably Modeling. We will evaluate the vulnerability of existing upland development #o coastal storm effects along areas where shorefront development is closest to the existing shoreline. The analysis will consider the effect of storm surge and/or wave impacts for various storm scenarios and for existing conditions and project alternatives. g. CalibrationNerification of the Beach-fx model. The Beach-fx model will be calibrated to local beach processes, storm, and economic conditions. h. Project Alternative Evaluation. The calibrated Beach-fx model will be used to evaluate an array of project options which maximizes storm damage reduction benefits along the authorized shoreline. It is noted that as of July 2009, the Jacksonville District had not completed a study using the Beach-Ix model and are only in the initial phase of three in-house investigations. To- date, only one Beach-fx investigation of a shore protection project has been partially completed by the USACE, nationally. Because the Beach-fx model is new, its use not definitively tested, and its frame work may be evolving. This Scope of Work assumes that CPE will have as needed access to Beach-fx related resources throughout the development of this model. 2012 Delray Beach, Fifth t3each Renourishing Project July 30, 2009 Page 6 The LRR will be prepared in draft format and submitted to the City for review. After completion of the City's review, the LRR will be forwarded to the USACE District office for initial review. Task 4: Florida Department of Environmental Protection Permit Pre-Application Meeting: Prior to the development of the Joint Coastal Permit Application, a meeting will be established and held with the FDEP BRCS. The purpose of the meeting will be to determine the FDEP requirements for the pending permit application and requirements related to borrow area establishment, environmental considerations and project design. Available information will be presented to the FDEP to .determine the sufficiency of the information for permit me development. Based on the results of the meeting, permitting requirements will be determined. The meeting will also be held during the initial stages of LRR development in the event FDEP requirements affect the development of the project. Task 5: State and Federal Joint Coastal Permit Application: State and Federal permits and approvals will be required for the beach renourishment project. A Joint Coastal Permit application will be prepared, and submitted to the FDEP for the beach renourishment project. The application will also be submitted to the USACE by the FDEP for the wetland resource permit. Information which will be incorporated into the permit documents includes beach erosion information, beach performance information, environmental information, design details in permit drawings, sand source criteria, and any other information deemed important by State and Federal agencies. Field studies are not included in this task and are not anticipated. In addition to descriptive information, the permit application will include the appropriate sketches and drawings to graphically describe the project. Typically, the permit process for beach renourishment takes at least 24 months. Obtaining permits in 24 months will allow far construction of the project in 2012, as scheduled. However, acquisition of an approved LRR from the US ACE will exceed the permit acquisition period and may require 3 to 4 years to complete. In addition to project specific engineering and scientific information, the fallowing items may be required to receive a permit for the project and will be submitted as data acquisition allows: (a) Sediment Quality Control! Quality Assurance (QNQC) Plan: A draft Sediment QA/QC Plan will be submitted to the FDEP for review. This submittal is based on the assumption that the FDEP will accept available geotechnical data and will not require additional geotechnical field studies related 2012 Delray Beach, Fifth t3each Renourishing Project July 30, 2009 Page 7 to sediment characteristics. Thereafter, we will work with the City and FDEP to negotiate terms of the plan that are acceptable to the City. (b) Physical Monitoring Plan: A physical monitoring plan for the beach fill and offshore borrow area of the project will be prepared. The plan will be submitted to FDEP for approval. (c) Turbidity Control/Monitoring Plan: A plan for monitoring and controlling turbidity for the purposes of minimizing project effects to the Atlantic Ocean will be developed. (d) Biological Monitoring Plan: A biological monitoring plan will be developed in cooperation with the FDEP BBCS. The plan will provide for monitoring of the barrier reef located to the east of the project borrow areas, and for any other feature of concern to the FDEP. We will also request a water quality mixing zone variance for construction of the project. The variance will expand the standard mixing zone area which has been found to be inadequate for beach renourishment projects. A mixing zone variance will allow a larger zone for the dissipation of turbidity created by the silt and clays contained in the sediment. The mixing zone variance will not affect offshore reef, but will be limited to an area within 1,000 feet of shore. BUDGET: The fee to provide the services contained in this proposal is $428,412. COMPLETION DATE: 2012 Approved by: WITNESSES: Print Name: Print Name: COASTAL PLANNING & ENGINEERING, INC. By: Print Name: Title: Date: (SEAL) 2012 Delray Beach, Fifth t3each Renourishing Project July 30, 2009 Page 8 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2009, by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification} as identification and did (did not) take an oath. Signature of Notary Public -State of Florida ATTEST: City Clerk Approved as to Legal Sufficiency and Form: CITY OF DELRAY BEACH, FLORIDA By: Nelson S. McDuffie, Mayor City Attorney ATTACHMENT A SCOPE OF SERVICES REVISION TO SERVICE AUTHORIZATION NO. S CITY OF DELRAY BEACH, FL CULTURAL RESOURCES, ENVIRONMENTAL ASSESSMENT, AND CORPS OF ENGINEERS CONFERENCE CALLS/COORDINATION As a result of the changes to the project requirements, a portion of Service Authorization No. 5 for the 2012 Delray Beach Fifth Beach Renourishment Project, dated July 30, 2009, will require revision. The only task which requires revision will be Task No. 3, "Federal Project Draft Limited. Re-evaluation Report (LRR) Document Preparation." All other tasks will remain as detailed in Service Authorization No. 5. Replacing the LRR Report Document Preparation will be the production of an Environmental Assessment and Cultural Resources Survey. Assuming no unexpected issues, production of the EA and the draft Cultural Resources Survey can be accomplished with the remaining funds. Funding will also be available to conduct monthly conference calls with the USACE and to provide the required coordination with the USACE to address all of theix requirements to achieve federal funding eligibility for the project. The following tasks are included in this scope of services revision to replace the LRR Document Preparation task of Service Authorization No. 5: 1. CULTURAL RESOURCES SURVEY This scope defines the cultural resource survey task, which will include a joint seismic profiling, sidescan sonar, magnetometer and bathymetric survey, data processing and interpretation, isopach map development and production of a final cultural resource report. The investigation will be done under the supervision of a Registered Professional Archaeologist (RPA) who meets all of the criteria set forth by the Secretary of the Department of the Interior. The equipment will be operated by qualified marine geophysical surveyors. The navigation will be conducted under the supervision of a Florida Professional Surveyor and Mapper (PSM) and a Certified Hydrographer (CH). Planning Previously collected data will be assessed and used to develop a cultural resource survey plan targeting the most promising areas for future borrow site development. Planning will be done by CPE and a Registered Professional Archaeologist. During the planning phase, CPE will coordinate with USACE archaeologists to ensure that survey methodology and data analysis meets the submerged cultural resource standards of both regulatory and civil engineering at the Jacksonville District and the Performance Standards for Submerged Remote Sensing Surveys of the Florida SHPO/Division of Historical Resources. RE`v~SED ~GO~E p ~ S E/~/i~ES COASTAL PLANNING & ENGINEERING, INC. Histor7ca! and Cartographic Research Tidewater Atlantic Research Associates (TAR) will conduct a literature search of primary and secondary sources to assess the potential for finding submerged historic properties within the proposed survey areas. That research will be designed to build upon and refine the historical background of the project vicinity. Preliminary wreck specific information will be collected from secondary sources that include: The Encyclopedia of American Shipwrecks (Berman 1972), Merchant Steam Vessels of the United States 1790 - 1868 (Lytle and Holdcamper 1975), Disasters to American Vessels, Sail and Steam, 1841-1846 (Lockhead 1954), Shipwrecks of the Civil War, The Encyclopedia of Union and Confederate Naval Losses (Shomette 1973), Shipwrecks of the Western Hemisphere (Marx 1971), Shipwrecks of Florida (Singer 1998), Shipwrecks in Florida Waters (Marx 19$5), and Shipwrecks of the Sunshine State (Barnette 2003). Additional information will be generated by a survey of historical records associated with Palm Beach County, including a review of selected on-line Florida newspapers and the Automated Wreck and Obstruction Information System maintained by NOAA. Historic maps and charts from the collections of the National Archives, Florida Archives and the University of Florida Library will be reviewed for submerged cultural resources data applicable to the project area. Records from the Delray and Palm Beach County libraries will be examined along with available manuscript sources for shipwreck specific data. Relevant maps from the collections of the office of the State Historic Preservation Officer (SHPO) and archives and libraries in Tallahassee, Gainesville, Delray Beach and Palm Beach County will be examined. An examination of the archaeological site files at the office of the SHPO will be made to identify previously reported sites. Where possible, local historians and archaeologists will be interviewed to collect data concerning unreported sites in the project area. Contact with the SHPO will also determine if any submerged cultural resources in the project area have been listed on the National Register of Historic Places. Historical evidence will be developed into a background context and an inventory of shipwreck sites that identifies possible correlations with magnetic and acoustic targets. Cultural Resource Investigation The cultural resource investigation will be comprised of a joint seismic profiling survey using the EdgeTech X-Star SB-512i "chirp sonar" seismic-reflection system, a sidescan sonar survey utilizing the dual-frequency EdgeTech 4200 HFL chirp sidescan system, a magnetometer survey utilizing a Geometries 882 cesium-vapor marine magnetometer and a bathymetric survey. The cultural resource investigation will focus on the area(s) identified for future borrow area development. A qualified marine archaeologist (Dr. Gordon Watts from Tidewater Atlantic Research (TAR) will be onboard at all times during the cultural resource investigation. Following the investigation, a draft cultural resources report will be prepared by TAR and sent to the Florida State Historic Preservation Office (SHPO) and the USACE for review and approval. To ensure that survey control and accuracy standards shall be consistent with FDEP specifications, areport from the surveyor will be submitted certifying that the survey meets Bureau of Beaches and Coastal Systems (BBCS) Technical Standards established in Section 2 COASTAL PLANNING & ENGINEERING, 1NC. 01000 of the BBCS 1l~Ionitoring Standard for Beach Erosion Control Projects and minimum technical standards of Chapter 61G17-6, Florida Administrative Code. Geophysical Survey Equipment Navigation System A Trimble Real Time Kinematic Global Positioning (RTK GPS) system with dual frequency receivers will be used on board the survey vessel to provide high-precision navigation and instantaneous tide corrections. In order to maintain vessel navigation along the profile lines Hypack Inc.'s hydrographic system, Hypack 2010®, will be used. This software merges RTK GPS vertical and horizontal positioning with the sounding data. It also provides navigation to the helm to control the deviation from the online azimuth. Seismic Reflection Profile Surveys An EdgeTech X-STAR 5121 seismic sub-bottom system will be used to conduct the seismic reflection profile surveys. The X-STAR SB-512i Full Spectrum Sonar is a versatile wideband FM sub-bottom profiler that collects digital normal incidence reflection data over many frequency ranges. This instrumentation generates cross- sectional images of the seabed (to a depth of up to 50 ft). The X-STAR SB-512i transmits an FM pulse that is linearly swept over a full spectrum frequency range (also called a "chirp pulse"). The tapered waveform spectrum results in images that have virtually constant resolution with depth. Throughout the ~ offshore seismic reflection survey, selection of the chirp pulse will be modified in real time to obtain the best possible resolution of geological (and potentially culturally significant) features and the sequence stratigraphy (i. e. vertical sequence and lateral distribution of sediment bodies comprised by different grain sizes and sediment composition) that in turn optimizes data quality and enhances subsequent interpretation. High frequency and/or short duration pulses are, for example, used to obtain highest resolution (clearest reflector image) in near surface situations; low frequency or longer duration pulses are used where deeper penetration is required. Bathymetric Survey The Odom Hydrographic Systems, Inc.'s Hydrotrac, a single frequency portable hydrographic echo sounder, will be used to perform the Bathymetric survey. The Hydrotrac operates a frequency of 210 kHz and is a digital, survey-grade sounder. The sounder will be calibrated using an Odom Hydrographic Systems, Inc.'s Digital Pro© speed-of sound velocity meter. Speed of sound through water and other selected parameters will be adjusted to accurately reflect physical water conditions in the survey area. sidescan Sonar Survey An EdgeTech 4200-HFL sidescan sonar system (or equivalent) will be used to collect sidescan sonar data over the entire area of investigation. The 4200-HFL uses full- spectrum chirp technology to deliver wide-band, high-energy pulses coupled with high 3 COASTAL PLANNING & ENGINEERING, INC. resolution and superb signal to noise ratio echo data. The portable sidescan package includes a laptop computer running the Discover® acquisition software and a 300/600 kHz dual frequency towfish running in high definition mode. During the survey, acoustic data will be collected along transects spaced on 30 m (unless otherwise indicated by the state). Additional lanes may be run in the vicinity of anomalies to enhance target signature definition. Range sonar scales will be selected to provide a minimum of 150% coverage of the survey area and high target signature definition. Acoustic data will be recorded as a data file and tied to the magnetic data by regular position annotations. Magnetometer Survey A Geometries G-882 Digital Cesium Marine Magnetometer (or equivalent} will be used to perform an investigation of magnetic anomalies within the potential sediment sources. The purpose of the magnetometer survey is to establish the presence, and subsequent exclusion zones around any potential cultural resources, underwater wrecks, submerged hazards, or any other features that would affect borrow area delineation and dredging activities. The Hypack 2010® software will record magnetic anomalies directly from the Geometries magnetometer. To produce the most comprehensive magnetic record, data will be collected on a one- second interval. Magnetic data will be collected along transects spaced on 30 m (unless otherwise indicated by the state) intervals. Upon completion of the general magnetic survey, data files will be examined and magnetic anomalies identified. Investigators will return to the location of each significant anomaly and re-survey those targets with a closer lane spacing to further refine the magnetic signature if needed. Magnetic data will be recorded as a data file associated with the computer navigation system and contour plotted using Qu1cKSux~' computer software to facilitate anomaly location and definition of target signature characteristics. All magnetic data will be correlated with the acoustic remote sensing records. Geophysical Data Analysis The EdgeTech Discover data acquisition system collects and stores geophysical survey data in a digital format. EdgeTech's Discover is a modular acquisition and processing software package that is compatible with all of EdgeTech's systems. It serves as the digital image processing, display, storage, and surface control station for the EdgeTech 512i sub-bottom profiler (chirp sonar system). This data acquisition system digitizes, stores, and processes seismic signals and combines the seismic imagery with navigational inputs to georeference data in real-time. Hardcopy records will be produced during data acquisition. The digital sidescan data will be merged with positioning data (RTK GPS via HYPACK 2010®), video displayed, and recorded to the acquisition computer's hard disk for post processing and/or replay. The position of the sensor relative to the RTK GFS antenna will be documented to ensure proper positioning of the data. 4 COASTAL PLANNING & ENGINEERING, INC. All sidescan sonar and seismic reflection data will be processed using the SonarWiz.MAP software package developed by Chesapeake Technologies lne. This software package allows for advanced processing, interpretation, and digital mosaic output and can produce georeferenced HTML's viewable in generic web-browser so$ware programs. SonarWiz.MAP also produces digital geographic information for both sub-bottom and sidescan data that are exportable for incorporation into a G1S database. All sidescan sonar, sub-bottom profile, magnetometer and bathymetric data will be processed and interpreted by CPE and TAR personnel. After processing, the magnetometer data will be reviewed by a qualified archaeologist for cultural resource interpretation. Submerged Cultural Resource Data Analysis Analysis of the magnetic data will include identification and assessment of each documented anomaly. A magnetic contour map of the survey area will be produced to aid in the analysis of each target. The contour map will include target location State Plane coordinates; bar scale and north arrow; survey datum locations in UTM and State Plane coordinates; vertical datums; and the locations of channel beacons and buoys, channel alignments, and cable and pipeline crossings within the project area. Anomalies will be isolated and analyzed in accordance with anomaly intensity, duration, areal extent, and signature characteristics suggestive of the material generating the anomaly. Analysis of each magnetic anomaly will include consideration of signature characteristics previously demonstrated to be reliable indicators of historically significant submerged cultural resources. Assessment of each anomaly will include recommendations for additional investigation to determine the nature of cultural material generating the signature and assess potential National Register eligibility. To accompany the contour map, TAR will prepare a table listing all magnetic targets located during the survey. This table will include project name, survey area, target number, intensity, duration, location coordinates and recommendations. x Sidescan sonar data will be developed into a coverage mosaic and each line file reviewed for targets. Sonar records will be analyzed to identify targets generating an acoustic image. Analysis of the sonar images will be based on the configuration, areal extent, target intensity, contrast with background, elevation and shadow image. The location of each sonar image will s be checked against the magnetometer data for possible association with identified magnetic anomalies. All target images with location coordinates and instrument setting data will be included in an associated appendix. Sub-bottom data will be systematically reviewed for anomaly correlations with both the magnetometer and sonar data. In addition, particular attention will be paid to the signatures of relict channels, estuaries and other landforms. that could suggest a potential for prehistoric resources. The location and extent of all such relict landforms will be established and identified on project maps. All landform iunages with location coordinates and instrument setting data will be included in an associated appendix. Assessment of the data will include the development of recommendations for avoidance or additional investigation designed to determine the exact nature of the cultural material generating 5 COASTAL PLANNING He ENGINEERING, INC. potentially significant signatures and their potential NRHP significance. An inventory of shipwreck sites will be employed to identify possible correlations with magnetic and acoustic targets. All targets will be listed and described in the report text. Their locations will be illustrated on maps of the areas surveyed and each target will be included in a table of attributes associated with each survey area. Isopach Development After data processing, sub-surface data interpretation will be performed using SonarWiz.MAP +SBP~' software. Using the SonarWiz.MAP +SBP® platform, processed seismic profile lines will be opened to digitally display the recorded sub-surface stratigraphy. The seismic stratigraphy will be interpreted and the depth of the top of marginal to poor quality material will be determined. The stratigraphic reflector that best correlates with this layer will be digitized. Using the seafloor and the reflector representing non beach-compatible material (i.e. high silt, clay or rock content), the thickness of the sediment wedge will be calculated and exported in order to develop an isopach (sediment thickness} map of each potential area. The maps will be verified by importing and gridding the thickness data in Golden Software Ines Surfer S®. After gridding the data, contour maps showing sediment thickness will be produced. The contour maps will be checked for discrepancies in the data by a Professional Geologist registered in the State of Florida, and the proper adjustments will be made. Once the data is verified, final thicknesses will be exported. Report Development The draft cultural resource report will be submitted to the City of Delray Beach, the Florida Division of Historical Resources and the USACE in both digital and hardcopy format for review and comment. The City of Delray Beach and the USACE will identify revisions that may be necessary and provide recommendations for the f nal report. A final report will be prepared and submitted to SHPO for review and approval. Copies of the final report will also be submitted to the Florida Department of Environmental Protection, the City of Delray Beach and the USACE Jacksonville District. 2. PREPARE ENVIRONMENTAL ASSESSMENT This scope describes the task of preparing an Environmental Assessment (EA) for the Palm Beach County Shore Protection Project, City of Delray Beach Segment. The National Environmental Policy Act (NEPA) requires federal agencies to consider environmental impacts ~` during their decision-making process for major federal actions. An EA is a concise public document that briefly provides supporting reasons and analyses for determining whether to prepare an Environmental Impact Statement (EIS) or Finding of No Significant Impacts (FONSI). If necessary, it also considers and selects measures for mitigating identified adverse ., environmental impacts. 6 COASTAL PLANNING & ENGINEERING, INC. While there is no required format for an EA, it is required that the analysis be written in plain language (40 CFR 1502.8), that it be concise, and that. it be analytic not encyclopedic (40 CFR I502.2). The EA will also be based on scientific accuracy and known information (40 CFR 1502.24). According to the CEQ regulations (40 CFR 1508.9) the required content of; an EA includes: • Purpose and need for proposed action • Description of proposed action and alternatives • Environmental consequences associated with the proposed action and alternatives • Listing of agencies and persons consulted Organization The organization of the EA plays a significant role in the overall quality of the document and its effectiveness in assessing environmental impacts. The following details the proposed format of the EA and main sections: Cover Sheet A cover sheet is not a requirement for an EA, but should be included when possible. The cover sheet will be one page and include the following: • List of responsible agencies including lead agency and cooperating agencies • Title of proposed action, along with the state and county where the action is located • Date of the finished document • Designation of the document as a draft or final Introduction Though not a requirement of an EA, an introduction gives insight into why the project is needed and a history of related actions. The Introduction will be broken down into two subheadings: • Project History - a summarized history of beach protection measures taken in Delxay Beach will be provided to give the reader a setting for the proposed action and a better understanding of the purpose and need. • Purpose and Need -The EA will coritain a purpose and need statement, which briefly specifies the uxiderlying purpose and need to which the agency is responding and sets the overall direction of the environmental analysis process. The purpose and need serve as important screening criterion for determining which alternatives are reasonable. 7 COASTAL PLANNING & ENGINEERING, INC. Description of Proposed Action and Alternatives The EA will contain a detailed description of the proposed action and alternatives to fulfill the requirements of the purpose and need statement. There may be several alternatives, including the No Action Alternative, as well as the Preferred Alternative, which is based on environmental, economic, technical, and other considerations. The proposed action may or may not be the same as the Preferred Alternative. This section will include objective descriptions of all reasonable alternatives, and briefly discuss alternatives that were eliminated from analysis and reasons for elimination. Affected Environment A description of the environment in which the proposed action and alternatives are to take place will be included in the EA. This section will describe current conditions and serve as a baseline against which to compare impacts of the alternatives. Focus will be on resources most likely to be impacted, including natural habitats, threatened and endangered species, and the physical, cultural, recreational and economic setting. The affected environment encompasses the site of the proposed action and immediate vicinity. This section will include the results of a literature review and compilation of existing data and field studies within the proposed action area. Results of Acropora surveys conducted for the project will be included here. Coordination with appropriate agencies will also occur to ensure all important resources are described. Environmental Consequences The EA will describe and analyze the anticipated environmental consequences of the proposed action and alternatives on the resources described under Affected Environment. The direct affects of the proposed action and alternatives will be assessed as well as activities that are not a part of the proposed action or alternatives but are reasonably foreseeable consequences (indirect impacts). Direct and indirect impacts will also be analyzed within the context of all othez activities occurring in the affected environment that may impact the same resources as those being affected by the proposed action and alternatives (cumulative impacts). List of Preparers and A ens ties Consulted The EA will include a list of preparers and persons consulted in the preparation of the document, and name, affiliation, and qualifications (title or discipline} of each person involved. AQpendices Relevant appendices will be attached to the end of the EA document, including the Acropora survey conducted for the project, as well as the Biological Assessment and Essential Fish Habitat Assessment (described below). 8 COASTAL PLANNING & ENGINEERING, INC. Process and Schedule The length of time needed to complete an EA can vary depending on various factors, such as the complexity, sensitivity, and controversial nature of the project. The following lists the recommended procedural steps for timely development of an EA that will be followed: • Initial Planning - Dcfine proposed action and alternatives (Sco in if deemed necessary: Although there is no legal requirement to conduct formal scoping as with an Environmental Impact Statement (EIS), it is recommended that at least informal scoping be conducted for the EA. The CEQ regulations 40 CTR 1 SOl. 7 defrne scoping as an "early and open process for determining the scope of issues to be addressed and identifying the signif cant issues related to a proposed action." The results of the scoping will be included in the text of the EA.) • Prepare Draft EA • lletermine if impacts are significant • If no, release Draft EA (Optional 30-day comment period) • Revise Draft EA as appropriate • Submit Final EA to lead agency for release and preparation of FONSI 3. CONFERENCE CALLS /COORDINATION This task includes professional services to conduct monthly conference calls with the USACE and to provide the required coordination with the USACE to address the requirements to achieve federal funding eligibility for the project. The scope is based on an hourly estimate pex month for participation in conference calls and an approximation of support staff effort to address coordination needs of the project. F:1Marketingl_ProposalslFlorida Counties~Palm BeachlDelray Beach12010\ Scope of Services Revision Attach A.doc ATTACHMENT B CITY OF DELRAY BEACH, FL CULTURAL RESOURCES, ENVIRONMENTAL ASSESSMENT, AND CORPS OF ENGINEERS CONFERENCE CALLS/COORDINATION FEE FOR SCOPE OF SERVICES REVISION May 28, 2010 PREPARED BY: .~ 5!28/2010 F:UAarketing\ ProposelslFlorida CourileslPalm BeachlDelray Beach120101Delray Cidlural Resources and EA Proposal,xlsx W U z W W LL Z U N W w z Z W LL p a ~~ U p W U O aaa aww ~~ w~cNn °C ~ opa z ~ ~ H U = Z ~w ~z O Z W W U Q 0 N w J Q Q !- J U a F 0 U F- U •V i Q co ~ r ~ ~ ~ ~ ~ o ~ Y ~ ~ ~ '~ '"' N O U C ~ °o o ~~ N U U W ~ ~ ~ ~ ~ H U ~ p O 2 ~ v~i a a U F" Z W a ~ ~ N r `~' o EA c ER O _ d W H N V o ~ rn ~ o ~ ~ ~ tp r m ~ ~ n Q J F O w ~ ~ U Z w N w U N Q ~ Z O a z ~ U a Q N w o ~ O W ~ ~ ~ J V w Z ~ w W ~ 0. W Q ~ U W w W ~ LL Z p U a Y Q r N M H CITY OF DELRAY BEACH FIFTH RENOURISHMENT PROJECT FEE FOR SCOPE OF SERVICES REVISION CULTURAL RESOURCES, ENVIRONMENTAL ASSESSMENT, AND CORPS OF ENGINEERS CONFERENCE CALLS/COORDINATION LABOR, EQUIPMENT & DIRECT COST RATES PREPARED BY: COASTAL PLANNING & ENGINEERING, INC. LABOR RATES (HOURLY) 2010 Princi al En ineer $215 Pro'ect Mana er $175 Senior Coastal En ineer $145 Coastal En ineer $115 Professional Surve or & Ma er $165 Certified Inshore H dro ra her $145 H dro ra her $115 Senior Marine Biolo ist $135 Pro'ect Biolo ist $115 Senior Geolo ist $145 Professional Geolo ist $125 Geolo ist $100 Senior CADD O erator $100 GIS O erator $90 Junior Geolo ist $85 Clerical $68 EQUIPMENT RATES (DAILY) Truck Road Use r mile $0.50 RTK GPS $495 Heave, Pitch & Roll Com ensator $215 S eed of Sound Velocit Meter $63 H ack/ H swee Navi ation S stem $260 Odom H drotrac Sounder $165 Ed etech X-Star Chi Seismic S tem $1,150 Thermal Seismic Printer $130 Ed etech Sidescan Sonar S stem $695 G-881 Ma netometer $215 Encolose 18' Trailer $78 pi ital Camera $10 Sonar Wizard Sidescan Data Processin Packa a $155 Sonar Wizard Seismic Data Processing Package $155 DIRECT COSTS -Actual Cost plus 10% Mob /Travel Suvery Vessel Consulant (Agau Quest}.' ~ $11,200 Suve Vessel Consulant {Agau Quest} $3,000 Cansultant Review Previous Survey Data (TAR) $2,000 Consultant {TAR) $7,500 Field Su ies $250 Co ies and E enses $100 Q b C 8 S o~~ ~~ -~~ ~d,k~ s t i7 ~~~8 p •q~ i {~~a _R~ ~~ ~$~ § ~ ~ tl AYP pF p ~~f Q6 :~ ~~66~ .i~ $~ ~$ ~~_ ^E$ ! ~ "&~ QQ 5~~~ psi b~ ~ ~~~ g ~5 gg' ~ S ~.Q b w~ 55 x {8 .is FF ~~F~ .Si ;~ 8 "63 a a '~~ p ~€ I "~~ ~ °3$ ¢ F SI 7Bi a~~ .i$ 3 d =s ,~~ a Yii ~~ - -_ rya aa ii Zi ~=~ .s ~ g~ ~g _i arc 8 Y Y~3 6d °i Y k^.R ~3~ e_j@ Y = ~'g ~~ €! q~ 3~, - •e yy a~ F i:F ors ~ ~ ~~~ 3 $ ~ ~ a ~e~a 4Gi S ~ ~ ~ d 3 ~ ~~ S 8 '. S 3~~'; °~f ~ ~ z ~~ ~~ ~ ~~~ ~ ~ MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: July 12, 2010 SUBJECT: AGE1vDA I__TEM 8,D, -REGULAR COMMISSION MEETING OF .TULY 20, 2010 CnNTRACT CLOSI?OUT (C.O. NO. 1/FINALS/iOHNSON-DAVIS~INC./PHASE 1,OSCEOLA 1':11tK 1~1PRO~'1~,~11~;NTS PROJECT #2004-003 I_TEM_ BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of ($34,851.56) and final payment amount of $19,366.17 to Johnson-Davis, Inc. for the completion of the Phase l Osceola Park Improvements Project #2004-003. BACKGROUND The project consisted of the construction of approximately 3,300 linear feet of 8 inch ductile iron pipe water main, connection of water services, and installation of fire hydrants. This project also included clearing and grubbing, sodded swale, asphalt trench repair, driveway apron replacement, drainage, and maintenance of traffic. Change Order No. l includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #662323 to funding account 442-5178-536-65.85 (Water/Sewer Renewal & Replacement Fund/Other Improvements/Osceola Park). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of ($34,851.56) and final payment amount of $19,366.17 to Johnson-Davis, Inc. for the completion of the Phase 1 Osceola Park Improvements Project. CITY OF DELRAY BEACH CHANCC ORDER TO ORIGINAL CONTRACT CHANGE NO. t /Final {Contract Closeout) PROJECT NO. 2004-003 DATE: PROJECT TITLE: Osceola Prrk Improvements TO CONTRACTOR: Johnson-Davis, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICAT[ONS FOR 'fHIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUN`f/CHANGES ORIGINAL CONTItAC'T A[v10UN'I' $422,175.00 COST OF CONS"['RUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUS'('F,D CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $422,175.00 COST OF CONSTRUCTION C[IANGES THIS ORDER 3d 85 i.56 ADJUSTED CONTRACT AMOUNT INCLUDING 'T'HIS CHANGE ORDER $387,323.44 PERCENT DECREASE THIS CHANGE ORDER -8.25% TOTAL PERCENT DECREASE TO DATE -8.25% CERTIFIED STATEMENT: I hereby ce~•tify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasol~able. Johnson-Davis, Inc. (Contractor to sigh & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available trom account: NIA DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental Services APPROVED: City Attorney By: Mayor ATTEST: By: City Clerk S:LLng.lJmin~Projals\200d12007~0031OFFICLI(!.COI Fnsl lolmwn Dasis Uscede Park GC 072010,Joot ATE EXTENDED ~TAL PRICE gUANT ADJ. + / - 8 000.00 $ 6,000.00 $ - 6 000.00 $ 54,706.00 $ ~3 084.00 26 046.00 $ 14 166.00 $ 5 670.00) 1236.00 $ 1254.00 $ 375.00 7 200.00 $ 25 000.00 $ 12oa.oD $ B 710.00 $ 390.00 8 440.00 3 D40.00 8 000.00 $ t 500.00 88 682.00 $ 7 Oi8.00 11 700.00 $ 950.00 $ 950.00 7,600.00 $ 15,600.00 $ 4,50D.OD $ 4 SD0.00 f0 000.00 $ 7 000.00 $ 4 500.00 21 000.00 $ 3 000.00 27,600.00 $ 8 050.00 6,240.00 $_ _(3 360.00 2,OD0,00 $ 14,754.5f $ 15 245.49) $ 15 000.00 3 748.93 $ 6 251.07 7,400.00 $ 10.00 $ - $367,323.44 ($34,654.56) Page 1 of 1 CI~ANGE ORDER NO. 1 1 FINAL $ (34,651.56) SE 2ND S T ti < a w a a a a ~ ~ N < o M ~ ~ ~ w N 0 H N N N W N SE 3RD ST W Q O r ~ a ~ UI O se 4TH sT SI E SE 6TH ST ~' ~ ~ a a a a n n a ~ `~° N N N w W N N O H Z N IN sE sTH sT a a a SE 2 N M d ~ N N ~ W W N ~ sE ioTH sT AY BEACH OSCEOLA PARK DATE 07/12/2010 CITY of DELR MAP LOCA ON ENVIRONMENTAL SERVK~3 DEPARTMENT o ~ ,94 EIOIJIM BWMON AVB~R~ GEiFiAY ~ACF{ FLOF~A 39414 03 1 OF 1 O N O M O O I 0 0 N .N~ O d a 0 U W MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: July 15, 2010 SUBJECT: AGENDA ITEM 8,E, -REGULAR COMMISSION MEETING OF ,iULY 20, 210 AMENDM_ ENT TO AGREEME__NT BETWEEN PALM BEACH COUNTY AND CITY OF DELRAY BEACH/MIRACL,E LEAGUE FIELD ITEM BEFORE COMMISSION Approve Amendment to Agreement between Palm Beach County and City of Delray Beach for funding ($250,000) for the Delray Beach Miracle League Field. BACKGROUND This amendment is to revise the agreement dated September 11, 2007 between Palm Beach County and the City for the Delray Beach Miracle League Field to include the Miracle League Concession Building. Although the Miracle League Concession Building was always anticipated, it was not listed as one of the site elements (athletic surfacing, concrete perimeter, chain link fence, backstops, dugouts, etc.) of our agreement. In order to receive our full share of $250,000 for this project, which includes the building, with the City match of $290,000 we are executing the amendment which includes: 1. A revised project description and cost estimate to change the project scope to include a modular concession/restroom/storage building. 2. A revised Overall Site Plan that depicts the modular building within the Miracle League field. 3. A change in the City's match to $290,000 (from $310,750), due to final project cost being less than the estimated project cost. The amount of County funding for the Project remains at an amount not-to-exceed $250,000, with the project scope now including the cost of the concession building. RECOMMENDATION Parks and Recreation recommends approval of the Amendment to the Agreement between Palm Beach County and City of Delray Beach for the Miracle League Field in Robert P. Miller Park. FIRST AMENDMENT TO AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR FUNDING OF THE DELRAY BEACH MIRACLE LEAGUE FIELD THIS AMENDMENT is entered into on , by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the City of Delray Beach, a Florida municipal corporation, hereinafter referred to as "MUNICIPALITY". WITNESSETH: WHEREAS, on September 11, 2007, COUNTY entered into an Agreement with MUNICIPALITY (R-2007-1557) to provide funding in an amount not-to-exceed $250,000 for construction of the Delray Beach Miracle League to be completed on or before September 10, 2010; and WHEREAS, MUNICIPALITY has requested that COUNTY revise the scope of the completed Delray Beach Miracle League Field (the "Project") to include construction of a modular building to include a concession, stand, restrooms, and storage as a reimbursable project element; and WHEREAS, MUNICIPALITY has provided a revised Exhibit "A" to the Agreement to include a revised 1) Project Description and Cost Estimate that includes the modular building in the Project Scope and reduces the total Project cost and a 2) Overall Site Plan that depicts the modular building wthin the Miracle League Field; and WHEREAS, COUNTY desires to allow the revised scape and cost estimate changes as reflected in the revised Exhibit "A"; and WHEREAS, both parties desire to amend the Agreement. NOW THEREFORE, the parties hereby agree as follows: 1. The attached revised Exhibit "A" attachments provide a change in the Project Description to include the construction of a modular concession/restroom/storage building as a Project element and fo reduce the amount of the total cost for the completed project, and shall replace the original Exhibit "A" Cast Estimate. 2. Section 1.04 of the Agreement shall be amended to state, "MUNICIPALITY agrees to provide funding in an amount of $290,000 or greater to complete the Project. The parties agree that the COUNTY shall provide its portion of the funding only after MUNICIPALITY has expended $290,000. 3. Except as provided herein, each and every other term of the Agreement shall remain in full force and effect and the Agreement is reaffirmed as modified herein. IN WITNESS WHEREOF, the parties, by and through their duly authorized agents, have hereunto set their hands and seals on the date indicated above. ATTEST: SHARON R. BOCK, Clerk & Comptroller By: Deputy Clerk ATTEST: City Clerk PALM BEACH COUNTY, FLORIDA, BY ITSBOARDOFCOUNTYCOMMISSIONERS By: Burt Aaronson, Chairman CITY OF DELRAY BEACH By: Mayor APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL LEGAL SUFFICIENCY SUFFICIENCY 1 B By:~ Y• ja-,~}~ Municipality Attorne 7 ~ ~ f ~ ~ County Attorney ("`/ ' I APPROVED AS TO TERMS AND CONDITIONS By: Dennis L. Eshleman, Director Parks and Recreation Department Revised Project Description and Cost Estimate Delray Beach Miracle League Field City of Delray Beach The first and only Miracle League Field in Palm Beach County will be located among the little league fields at Delray Beach's Miller Park, located at 1905 S.W. 4th Avenue. The field will be complete with a cushioned synthetic surface to help prevent injuries, wheelchair accessible dugouts, and a completely flat surface to eliminate any barriers to wheelchair-bound ar visually impaired players. Project elements include site preparation, project administration, field construction and surfacing, fencing, dugouts, and construction of a modular building to include concession, restroom, and storage areas. The construction cost of Miracle League baseball field is $540,000. 4 ~~ ` m ^! i s 1 r.m~°v I s $ ` I xz~^ gs rr ~~~ ~ I I poi ~o I ° ~~ ~ ' ~~ ~ ~~Q $ ~ ~ ' A~~~ I ~ ~ ~ ~~ r ~_Nysz I ~m z>~~ ~m i v~ j c ~ ( ~xz j ~~ rnrrr~~z~ m ~g~ f I 9Z N y~j O y K A ~~ \ gY~""o~ I 1 ~ +~ ~~'o~ ~ I I 1 ~ I i r\ m6 t , I i ~ S ~ ~ I 1 \• I ~ Y ! I I 3 ~} F MILLERPARIC `°"asrrotto °""`"'"Ot ^~^ IGm1ey~1prt1 R Sa txwor+ rrta+cu. r.+rr<r FOR °Lp°"^ ~ andAesvdales,InG n' "~ ~° OVERALL SITE PLAN s: "°'""`°"""""",,,~ ,~ ~ ~ CITY OF DELRAY BEACH "'^"' ^ ~sae~ ©'m1e4fV°110 ""°°""' "` ~5 .°, PROJECT u0, 2006052 ,,.„.,.,» ~ w,mo,'~e xq wows.,. txq wa-m+o"" _ ~~c~~vEr~ ocr ~ 9 Zoos ~tTY MAi~AG~t~ Departmart of narks and Recrcadon 27(10 6th Avenue South Lake Worth. Fl. 33461 (561)966.6600 13x: (561) 642-2640 wwwpbcparks-com Palm Beach county Board oP county Commissioners Addle L Greene. Chairperson Jeff Koons. vice Chair Karen'r. Marcus Robert J- Kanjian Mary McCarty Burt Aaronson Jess R. Santamaria County Admini#tatoc Robert Weisman ~~~ ,~dNe.~~a~r.eryaray~r bctober 15,.2007 ~ ~ n~ ~~ Mr. David Harden, City Manager /~'~G~e.~.w City of Detra~r Beach 100 N.W. i Avenue Delray Beach, FL 33444 ' RE: 2002 Recreation and CuEtural Facilities Band - Futly Execut~:d . Agreement - Defray Beach Miracle Field Dear Mr. Harden: Attached foryour records is a fully executed original of the funding. Agreement for up to $250,000 from the 2002 Recreation and Guttural Facilities Bond for construction of the Miracle League Field at Miller Park. F~cpenses eligible for reimbursement include site preparation, field construction and surfacing, fencing, project administration, and other miscellaneous expenses associated with the project. Final reimbursement request and project comple~on documents must be submitted to this: office by September 10, 2010. Please ensure that all requirements are met for project management during project construction and the entire Term of the Agreement, which is until September 10, 2040. A Status Report Form is attached for the required quarterly project status reports, and the first status report is due on or before July 10, 2008. The City may submit reimbursement requests each quarter until project completion afterthe Citys matching requirement of $310,750. has been met (Section.1:04). If you have any questions about the Agreement or compliance requirements, please contact Susan rnger, Administrative Support Manager, at 966-6G53.On behalf of Commissioner Mary McCarty and the Board-of County Commissioners, we are pleased to assist the City of Delray Beach with the funding for this capital project. Since Dennis L. Eshlem n, Director Parks and Recrea#on Department DLE/SWY: vjk Attachment - Ful(y executed Agreement Copy to: Commissioner Mary McCarty, District 4 Tim Simmons, Director Parks and Recreation Department, 50 N.W. 1~ Avenue, Delray Beach, FL 33444 Central Fite pm~edon„~cy~dedFep~r gyp--~~~=s~~ Y r _. ..-.. ~ ! r ~ ~~ ~ ZvDbso~-- °~ ~ ~ 1NTERLOCA~~AGREEMENT t3ETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH: FOR FUNDING OF THE DELRAY BEACH fITIIRACLE LEAGUE FIELD Sip 11200T THIS INTERLOCAL AGREEMENT is made and entered into on , by and between PACM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY°, and the City of Delray Beach, a Florida municipal corporation, hereinafter refierred to as MUNICIPALITY ". WITNESSETH: WHEREAS, MUNICIPALITY leases from County property located at 1905 South West 4~' Avenue in Delray Beach, known as Miller Park as described in the Exhibits to this Agreement; arad WHEREAS, MUNICIPALITY desires to construct Delray>~each Miracle League Field at Miller Park, hereinafter referred fo as °the Project" at said location; and. WHEREAAS, MUNICIPALITY ,has asked COUNTY to financially participate in the construction of saidproject;'and. ~ . WHEREAS, ort November 5, 2002, a bond.referendum was passed by the eaters of I'atm 13each. County for the issuance of .general obligation bonds far the: purpose of financing the acquisition, :~onstruction,~ and/or improvements to certain recreation'and cultural facilities, in the principal amount of $50 Million ("the $50 Million Recreation and Cultural Facilities BandA); and WHEREAS, the COUNTY has approved a recreation and cultural facilities project list and ::proposed funding allocations, as amended, -for the $ 50 Million Recreation and Cultural .Facilities Bond; and. WHEREAS, the Project represents one such recreatioNcultural project; and W.HEI~EAS, MUNICIPALITY desires to operate and maintain the Project upon its completion; and WHEREAS, the Project shalt be open to and.benefit ail residents of Palm Beach County; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Interlbcal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and .~ t i. ,. ,. ... -, WHEREAS, both parties desire to increase 'the recreational and cultural opportunities for residents of Palm Beach County and to enter into this Interlocal Agreement. NOW, THEREFORE, , in consideration ~ of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE 7: GENERAL Section 1.Oi The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Interlocal Agreement is to enhance recreational and cultural opportunities for use by the- public and thereby provide a mechanism for the COUNTY to assist i'VIUNICIPAU7Y in the funding of the Project. Section 1.03 COUNTY wilt pay to MUNICIPALITY a tots! amount.not.to exceed $250,000 :Fob the construction of the Project. as more fully. described in the .Project Description, Conceptual Site:~Plan; arid: Cost Estimate attached hereto and made a .part hereof as Exhibit "A". MUNICIPALITY recognizes that the County's funding of the Project is being paid-from°~.tle proceeds::of ta~c-exempt-bonds issued by the County and County capital project funding. MUNICI PALITY agrees to provide the County with a certification, in a form acceptable to the County, from MU,NtCIPALITY's chief financial officer or independent accountant that each cost item for which County funding is requested.under Article 3 of this Agreem~n# constitutes a capital expenditure. In that regard, an item is considered a capital expenditure~where the-item has a useful life and benefit beyond one year or extends the Project's'use beyond one.year. Section 1.04 MUNIGIPALITY agrees to provide funding in an amount of $~;~~d~'~O~~or greater to complete the Project. 'Th'e parties agree that the COUNTY shall. provide its portion of'the #unding-only after MUNICIPAL1TY has expended $310,750. Section 1:05 COUNTY'S representative during the design and construction of the Project shat! be the Director of Parks and Recreation, Palrri Beach County Parks and Recreation Department, telephone no. (561} 966-6686. MUNICIPALtTY's representative during the design and construction of the Project shall be Joe Weldon, Director of Parks and ' Recreation, Delray Beach, 561-243-7000. Section 1.06 MUNICIPALITY shall design and construct the Project upon property leased by MUNICIPALITY as more fatty described in l=xttibit "B° attached hereto and made a part hereof. Section1.07 MUNICIPALITY shall utilize its procurement process for all design and construction services required for the Project. Said. procurement process shalt be consistent with afl federal, state and local laws, rules and regulations. COUNTY shall have 2 ~ , --, .. , . ' no contractual obligation to any person retained by MUNICIPALITY with regard to the Project. Any dispute, claim, or liability that may arise as a result of MUNICi PALITY's procurement is sol~Iy the responsibility of MUNICIPALITY and MUNICIPALITY hereby . holds the COUNTY harmless for same to the extent .permitted by law and subject to the limitations of Section 788.28, Florida Statutes. ARTICLE 2: DESIGN AND CONSTRUCTION Section 2.01 MUNICIPALITY shall.be responsible for the design and construction of the Project. MUNICIPALITY shall design and construct the Project in accordance with Exhibit pA", attached hereto andmade a part hereof, and with atl applicable federal, state and local laws,rules and regulations. Section 2.02 Prior to or upon.execution of this Interiocal Agreement by the parties hereto, M{JNtCIPALITY shall initiate.its procure;nerit>process to select the necessary professional engineer and/or architect to perform alt engineering and/or architectural design work, including, but notlirmited to., the preparation of plans,.permits and`specificationsnecessory forthe design and construction of the Project. . Section 2.03 MUNICIPALITY shall provide a copy of the engineer's and/or architect's proyramrnirig. prase ~,doauments (i.e:, site plan, floor plan, eleva#ions, etc:} to the. COUNTY's Representative~for review. Tlie COUNTY's Representative shall`review said prpgramniing phase• documents to.+ensure consistency with the intent of this Interiocal Agreement: • Section. 2A4 MUNICIPALITY shaft be responsible. for securing all permits and approvals necessary to construct the Project. ~ • Section '2.05 Prior to MUNICIPALITY commencing construction .of the Project, MUNICIPALITY shall. provide a campy of ai! plans' and specifications, along with the associated costs .thereof, to the COUNTY's Representative for review to ensure consistencywith the intent of this lnterlocal Agreement. Section 2.06 MUNICIPALITY agrees to totally complete the Project and open same to the public for its intended use within thirty six (36} months from the date of execution of this Interlocal Agreement by. the parties hereto. Upon notification to .the COUNTY at least ninety (90} days prior to that date, MUNICIPALITY may request an extension beyond this period for the purpose of completing the Project. COUNTY shall not unreasonably deny MUNICIPAUTY's request for said extension. Section 2.07 MUNICIPALITY shall submit quarterly projectstatus reports to the COUNTY'S Representative on or before January 10, Aprit 10, July 10, and October 10 during the design and construction of the Project. These Ouarterly reports •shall include but not be limited to, a summary of the work accomplished, problems encountered, percentage of completion, and other information as deemed appropriate by the COUNTY's 3 Representative. ARTICLE 3: FUNDING --, Section 3.01 The total not to exceed amount as set forth in Section i .03 hereinabove shall be .paid by COUNTY to MUNICIPALITY on a reimbursable basis. Any costs incurred in connection with the Project in excess of that amount shall be the sole responsibility of MUNICIPALITY. Should the total cost of the Project exceed the amount.as projected by MUNICIPALITY, Ml1NICll'ALITY shalt appropriate and expend the excess funds required for completion of the Project. The COUNTY shah not. dispense any ~ funds to MUNICIPALITY for the Project until MUNICIPALITY has appropriated and expended s~id excess funds for the Project. Section 3:02 The COUNTY shall _ reimburse .project costs under the terms of~ this Agreement to MUNICIPALITY on a quarterly basis from the date of execution of this Intedocat Agreement; however, should the need arise for MUNICIPALITY to be reimbursed on a more frequent basis; then COUNTY will; at MUNICIPAUTY`s specific request for each instance, make its best efforts to.reimburse MUNICIPALITY within forty five (45) days of such special requi?st: For each'requested payment, MUNCIPALITY shall provide to~the COUN~'Y's :Representative a fully rampieted and executed Contract Payment Request Form>and a ContractuaFServicesPurchase Schedule Form, ~attached~here#o grid made a part:hereof~as Exhibit "C". Said forms shall include information listing each invoice as paid by #tie ftiUNI.CIPA~LITY and shall-includethe vendor invoice number invoice da#e, and the. amount.paid by MUNICIPALITY along with the number and date of'the respective check or proof of payment for said payment. MUNICIPALITY shall attach a copy of,each vendor invoicepaid by MUNICIPALITY along-with a copy~of each respective check or proof of payment and'shall make reference therepf tp the applicable item Nsted on the Contractual Services Purchase Schedule Form. Further, MUNICIPALITY's Project Administrator and Projectfinancial Officer shall certify fihe.total funds spent by MUNtCfPALtTYbn the Project and ~ shall also certify that each vendor invoice. as listed on the Contractual Services Purchase Schedule Form was paid by MUNICIPALITY as indicated. Section 3.03 The COUNTY shall retain not~iess than ten percent (10%)~ of the Iota{ amount allocated to MUNICIPALTY for the Project- until MUNICIPALITY completes the Project and provides COUNTY with either a Certificate of Occupancy or a Project Completion Certification as determined by COUNTY, and the COUNTY receives and approves all documentation as required in accordance with this Interlocal Agreement. The COUNTY'S representative shalt visit the Project site to verify and approve said final reimbursement. Section 3.04 MUNICIPALITY shall provide a request for final reimbursement to the COUNTY no later than ninety {90j days following comple#ion of the Project and provision of either a Certificate of.Occupancy or Project Completion Certification to the County. Section 3.05 The County agrees to reimburse MUNICIPALITY an amount not to exceed $0 for these approved pre-agreement costs accruing ~ to the Project subsequent to -November 5, 2002, as more fuf[y described in Exhibit "D~, Pre-Agreement Cost List. Section 3A6 County shall reimburse Project costs only after MUNICIPALITY has expended its share of Project funding in its entirety. MUNICIPALITY. shall provide the County wi#h a certification, in a form acceptable to the County, from the Municipality's Finance Director that the MUNICIPALITY has complied with this Project fiunding provision. The County will be entitled to rely on that certification in reimbursing Project casts to the MUNICIPALITY under this Agreement. ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROJECT Section .4.01 Upon completion, the Project shall remain the leased property of the MUNICI PALITI(. The COUNTY shat! not be required to pay f1lI,UNiCIPALITY any additional funds for any-other capital improvement required by or of.MUNiCIPALITY. Section 4:02 MUNICIPALITY hereby warrants and represents that.it has#ull legal authority and firaancia! ability to operate and. maintain. said Project. MUNICIPALITY shaft. be responsible fvr aII costs, expenses; fees and charges, and liability related to the operation. and maintenance~of the Project. Section 4:03 MUNICIPALITY-shall operate and maintain the Project for its.intended use, by the general public until March g, 2030. MUNICIPALITY shalt maintain the Project in accordance rivith industry standards for such facilities to prevent undue deterioration and to encourage public use. Section 4.04 The rights and duties arising, under this. lnterlocal Agreement shall. inure to the benefit of and be binding upon the parties hereto and their respective staccessors and assigns. MUNICIPALITY .may not assign this lnterlocal Agreement or any interest hereunder without the express prior written consent of the COUNTY. Section 4.05 It is the intent of COUNTY to issue this .funding assistance fo MUNICIPALITY for th® purpose set forth hereinabove. ~ In the event MUNICIPALITY transfers ownership of the Project to a parry or parties not now a part of this lnterlocal Agreement, other than another governmental entity. that agrees to assume, in writing, MUN1CiPAL(TY's obligations hereunder, COUNTY retains the right to reimbursement from MUNICIPALITY for its participation to the full extent-of the funding assistance awarded to accomplish the Project. Should MUNICIPALITY transfer management of the project to a party or parties not now a' part of this lnterlocal Agreement, MUNICIPALITY shall continue to be responsible for the liabilities and obligations as set forth ~ herein. Further, MUNICIPALITY shall not transfer management of the Project to a third party without the written consent of the COUNTY. 5 ~~ '~o ~. . ARTICLE 5; USE OF THE PROJECT Section 5.01 MUNICIPALITY warrants that the Project shalt serve a public recreational or cultural purpose and be open to and benefit ail residents of Palm Beach County and shall be available. thereto on the same cost and availability basis as to residents of MUNICIPALITY. MUNICIPALITY shall not discriminate on the basis ofi race, color, sex, national origin, age, disability, religion, ancestry, marital status or sexual orientation with respect to use'of the Project. Section 5.02 The term of this Interfoca! Agreement shall remain in effect for thirty (30) years, commencing upon the date of execu#ion of this lnterlocal Agreement by the parties hereto. MUNIGiPAL:ITY shall restrict its use of the Project to recreational, cultural, civic, community and social purposes only unless otherwise agreed to in writing bythe parties hereto Section 5:U3 MUNICIPALITY shall affix a permanent plaque or marker. in a prominent locat"ion.at the corrjpleted Project indicating that the COUNTY was a contributor to the development of the Project. Said plaque or marker sf~aff include the County seal and a list of County Commissioners, unless otherwise directed by, the COUNTY's Representative. ARTICLE Ii:. ACIrESS: AiVD AUDITS MUf~ICIPALITY shall maintain adequate records to justify all charges, expenses, and costs incurred. in=estimating and performing the design and construction of.the Project for at feast five (5) years after xhe end of the.fiscal`year in which the final .payment is released by the COUNTY; except that such records slZal) 'be retained by MUNICIPALITY until final resolution of matters resulting from~any litigation, claim,_or special audit that starts prior to the expiration of the five. {5} year period. The COUNTY reserves the right, upon reasonable reques# and during normal business hours, to inspect said Project and shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit. ARTICLE 7; NOTICES Any notice given pursuant to the terms of this Interlocal Agreement sha11 be in writing and hand delivered or sent by Certified Mail, Retum Receipt Requested. AI! notices shall be addressed,to the following: As to the COUNTY: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, FL 33461 6 With a copy to: County Attorney 301 North Olive Avenue, Suite 601 West Patm Beach, FL 33441 As to the MUNICIPALITY: City Manager City of Delray Beach Ciry Hall 140 N.W. First Avenue Delt'ay Beach, Florida 33444 ARTICLE $: TERMMIATION FOR NON-COMPLIANCE The COUNTY rriay terminate this lnterlocal Agreement upon written notice. to MUNICIi'ALi7Y for non-compliance try MUN#CtF'ALITY in fhe performance of arty of the terrris and conditions. as set :fort[i~herein and where' MUNICIPALITY does not cure said non-compllance within ninety (90) days ofreceipt of.written :notice from the COUNTY to do so. Further, if ~MUNfCIP}~Ll~'-if does not-cure:said-non-compliance within the time frame specified above, then upon written notice, the GC}U.NTY may.require iNUNfCfPALITY to reimburse any #unds .provided to MUNICIPALITY pursuant to this Interiacal Agreement either in whale or in part once~the COt1NTY has reasonably determined that no other remedy is available. ARTICLE 3: REMEDtES This lnterlocat.Agreement shall be governed by the fawn of the S#ate of Florida. Any and all legal action necessary #o enforce the lnterlocal Agreement will be held in-Palm Beach County..No remedy fierein conferred-upon any parry is intended to be exclusive of any other remedy, and -each and every such remedy shaA be cumulative and' shall be in addttionao every other remedy given hereunder or now or hereafter existing. at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude .any other or further exercise thereof. The parties hereto may pursue arty and all actions available under taw to enforce this lnterlocal Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. ARTICLE 1Q: FlUNG A copy of this lnterlocal Agreement sha[I be filed with the Clerk of the Circuit Courtin and for Palm Beach County. ARTICLE 11: iNDEMNIFIGATION tt is understood and agreed that MUNICIPALITY is merely a recipient of County funding and is an independent contractor and is not an agent, servant or employee of County or its 7 Board of County Commissioners. !t is. further acknowledged that the County only contributes funding ,under this Agreement and operates no control over the Project. In the event a claim or lawsuit is brought against County or any' of its officers, agents or employees, MUNICIPALITY shall indemnify, save and hold harmless and defend the County, its officers, agents, and/or employees from and against any and all- claims, liabilities; losses, judgements, and/or causes of action of any type arising out of or relating to any intentignal or negligent act or omission ofi MUNICIPALITY, its agents, servants and/or emp(oyees.in the performance of this Agre.~ment. The foregoing indemnification shalt not constitute a waiver ~of sovereign immunity beyond the limits set forth in. Section 768.28, Florida,Statutes, nor shall the same be construed to constitute agreement to indemnify the County for the County's negligent acts or omissions. In consideration for reimbursement of costs incurred prior to the term of this Agreement, the foregoing indemnif'icatian shall `apply not only during the term of this Agreement but also apply for the period prior to the Agreement for which MUNICIPALITY is eligible to receive :reimbursement from the County. ARTICLE 12: INSURANCE Without waiving-the righ# to sovereign immunity as provided by Section 768.28, F{orida Statutes, the MUNICIPALITY acknowledges to be either insured orself-insured for General l.iabifity and Automobile Liability under Florida sovereign immuriitystatutes with coverage limits of $T00;000 Per Person and $200,000 Per Occurrence; or such monetary waiver Limits that may change and be set forth ~y the legislature. The MUNICIPALITY agrees to maintain or to be self-insured for Workers' Compensation and Employer's Liability insurance in accordance with Florida Statutes Chapter 440. The MIjNICIPALIT~ agrees to maintain or acknowledges to be self-insured,for All-Risk property insurance for the completed .project for adequate limits .based on the MUNICIPALITY'S replacement cost or probable maximum loss estimates forthe perils of either fire, wind, or flood. MUNICIPALITY shall agree to be fully responsible for any deducible orself-insured retention. The MUNICIPALITY shall agree to provide a statement or Certificate of )nsurance: evidencing insurance, self-insurance, and/or sovereign immunity status, which COUNTY agrees to recognize as acceptable for 'the above mentioned coverages. Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and obligations under this.lnterlocal Agreement. The MUNICIPALITY-shall require each Contractor engaged by MUNICIPALITY for work associated with this Agreement to maintain: 1. ,Workers' Compensation coverage. in apcordance with Florida Statutes including endorsements for U.S. Longshore and Harbor Workers Compensation Act acid the Merchant Marine Act (Jones Act) in the event any 8 _~ r' portionof the scope of senriceslwork occurs over, near, or contiguous to any navigable bodies of water. 2. ~ Commercial General Liabifity~coverage at limits of not less than $1,f100,000 Each Occurrence, which would include builders risk insurance while the . project is in the course of construction in an amount at least equal to the estimated completed project.value as welt as subsequent modifications of that sum: The COUNTY shall be added an °Additional Insured":, 3. Business Auto Insurance with limits of not Less than $1,000,000 Each Accident. ' 4, If the construction work being:performed exceeds $200,OQ0, a~payment and performance ,bond for the total amount of their construction contract, in accordance with Florida Statute 255.05. ARTICLE 13: PUBGC ENTITY CRlIVIES .As provided in Section 287.132-133, Florida Statutes,, by entering into this contract or performing any work in furtherance hereof; NfUN1EIPALITY~certifies that it, its affiliates, suppliers,. subcortta~tots and consultarifs 'who wilt perform hereunder, have `not' been. ,placed on the _conrncted vendor list mafritained fly the State. of Florida Department 'of Management Ser~ices.witfifn the 36~months immediately preceding the date hereof. This notice is squired by Section .287.133 (3} (a}, Florida Statutes. . ARTICLE .1h: CAPTIONS The cafitions and section designations herein set forth are for convenience only andsha(I have no substantive meaning. . ARTICLE 15: SEVERABILITY tf any term or provfsion.of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to-any extent be held invalid or unenforceable, the. remainder of this Interlocal Agreement, or the application of such term or provision, to any parson or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extant permitted by law. ARTICLE 16:.ENTfRETY OF AGREEIUIENT This Interlocal Agreement represents the entire understanding between the COUNTY and MUNICIPALITY, and supersedes ail other negotiations, representations ar agreements, either written or oral, relating to this Interlocal Agreement. None of the provisions, terms and conditions contained in this Interlocal Agreement may be added to, modified, superseded or otherwise altered, except by written irt~trument executed by the parties hereto. 9 ARTICLE 17: THIRD PARTY BENEFtClARIES This Agreement is made solely and.speeifically among and for the benefit of the parties hereto, and their respective ,successors and assigns subject to the express provisions hereof r®lating to successors and assigns, and raa other ,person shaq._have any rights, interest; or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party bene#iciary or otherwise: IN WtTNESg WHEREOF, the .parties have caused this Interloca~ ~reement to be executed on the day and year first above written. R 2 OS~ 7 ~~ Q ~.~ ~ ATTEST' ,~.~••••••,•~•at,,,,~~ ~ PALM. BEACH GOUNTY.; iFLQRi1RA BY tTS SHARON R. BOCK:~~•~r>~O;;'0,,, BOARD'OF COUNTY COMMISSIONERS By : ., :o, eputy Clerk o Fton~a~' ;'~= ComrriissionerAddie L. Greene, Chairperson ','~''`~6~~9- . 'Sa~~ ~ CI'T'Y DELRAY BEACH ATTEST-. ~~, ~ ~~ ' ~ . Clerk ~ ,i: ~~ Mayor i. ~ .. APPROVED AS TO TE~tMS AND APP S TO FORM AND ~~ '~ L GAL ~iifFl= ClENCY: CONDtTI ` .~ : {. .~ By: Dennis'L. Eshleman, Director ~ Municipality Attomey Parks and Recreation Departmerit APPROVED AS TO I+ORM AND LEGAL SUFFIC1fENCY: By: County Attorney 10 .. r•.. . ;, ~~: City of ©efray Beaei~; il~ilfer Park Fmpravements tVlracfe ~L+eague F~eid Estimate oif .prob~ifffe ~olnsf~~ctiot~ Costs ~' Mobitization/Supervisiori and Generaf Conditions ''~ Clea:ring.arid~ Gfiibbirg Rough:G.rade SitelOne foot of fi11 New A~phalt~(lnciudes subgrade, Iimerock, grid asphait} Atffefic Surfacing Concrete Pe~'imeter.(30' x 300'} , 6' High Chain. Link :Fence 20' ~Hi,gh B~~kstQps Dug outs w111~(8taf Roofs Totai Cost:. $560,750 MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: July 14, 2010 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF TULY 20, 2010 BETHESDA MEMORIAL HOSPITAL DONATION ITEM BEFORE COMMISSION The City Commission is requested to accept a donation in the amount of $9,500 from Bethesda Memorial Hospital (BMH) for the purchase of equipment to implement Bluetooth Technology and Telemetry for wireless electrocardiogram transmission during patient transports to their facility. BACKGROUND Because of the severe nature of cardiac emergencies, reducing the time for a patient to gain access to critical intervention is of the utmost importance. Time is muscle. Delray Beach Fire-Rescue (DBFR) transports a significant number of cardiac patients to BMH. Their donation will greatly enhance our opportunity for positive patient outcomes. RECOMMENDATION We recommend that the Commission accept the donation from Bethesda Memoria Hospital. MEMORANDUM TO: Mayor and City Commissioners FROM: Begona Krane, Engineer Richard C. Hasko, P.E. Environmental Services Director THROUGH: David T. Harden, City Manager DATE: July 15, 2010 SUBJECT: AGENDA ITEM K.G. - RIGUI,AR COMMISSION MEETING OF JULY 20, 2010 FLORIDA HIGHWAY, INC./21110 STREET RESURFACING PROJ_E_.CT ITEM BEFORE COMMISSION Requesting Commission approval for the Mayor to execute a contract with Florida Highway Products Inc. for microsurface paving of City streets. Commission approval is contingent upon the City receiving executed payment and performance bonds as well as a certificate of insurance from Florida Highway Products Inc. Total cost of this contract for street resurfacing is $258,421.52. BACKGROUND This project is the annual street resurfacing contract. The scope of this work generally consists of crack filling, leveling course, cape seal, and asphalt like overlay and pavement markings. The total amount of the street resurfacing is divided into two divisions; City Annual Program and Settlement from Waste Management. The total cost for the City Annual Program is $168,557.52, and for the Settlement from Waste Management, which includes Lakeview Drive and Lakeview Boulevard, the cost is $89,864.00. The Settlement from Waste Management is funded from a settlement between the City and Wasie Management for the spillage of hydraulic fuel, from a Waste Management vehicle, on both Lakeview Drive and Lakeview Boulevard. This is the second year that the city is using the microsurfacing process for resurfacing streets. Results from the first year were positive. Microsurfacing is a process that provides a surface as durable as the typical asphaltic resurfacing but at a more economical price. Microsurfacing has a life of 10 to 12 years while asphaltic resurfacing has a life of 14 to 16 years. Microsurfacing provides a minimum disturbance to traffic during application, in fact traffic can resume on the street as soon as the microsurface is applied. This work will be accomplished by piggybacking on existing contracts that Florida Highway Products, Inc. has with the City of West Palm Beach and Sun'n Lakes of Sebring Improvement District. Attached is the proposal from Florida Highway Products, Inc. The location maps are also attached. FUNDING SOURCE Funding is available from: 334-3162-541.61-17; $194,667.42 441-5181-536-65.96 ; $19,795.35 118-1965-554-61.91; $43,958.23 RECOMMENDATION Staff recommends approval. Florida Hlphw ay Products me {I t ~, il~ trr..+ TO: Ron Oliver Waste Management 651 Industrial Way Floynlon Beach FL 33926 561-207-4157 T.. ..C ......L. Florida Highway Products, lnc 1170 Celebration lik'd. Ste 101 Celebration, FL 34%1'/ 4117-566.42(Hf Fax:407-566-42U1 Dale: 4/1/2010 Job Location: Delray Salesperson: P. Carlisle Project hfgr: Est. Start Date: ASAN If aovlicable, see attached Street list • Item A Description Estimated Quantity Units Unit Price Extended Price Mobilization ] LS $ 4,200.00 $ 4'200'00 fvlicro Surface Treatment 18766 5Y $ 4.0(1 $ 75,061.00 Rut Fill 30 ions $ 250.(10 $ 7,500.00 Striping 1 {S $ ],]00.00 $ 1,100.00 Asphalt repair 10 Tons $ 200.(10 $ 2,000.00 $ - $ - 5 - $ - $ - $ - $ - $ - $ - Quotation prepared by: 7}ds Is a gtwtatbn on the goods named, subject to the conditions noteA txlmv; Subtotal $ 89,864.00 (All material li guaranteed toeas specified. All work lobecompetcJ ina+varkmanli-e manner aaording tostandarJ All alterations or Aeviation from the above sped0ra tioru im~ohing, e,lra costs ++•ill be executed only upon ractices . y written orders, and +vill bcsome an c.tra charre user tkk atwce pnga,~~l estimate. Oar workers sre 1u11y covered by 9•otal Based on Est. Qty~s -----'----- ___._°......,.., r..........,.. ~rr.;•...,,.r..,.,..,rn r.,. n,;.r+, cur~,ta+t $ 89,864.00 7o aa'ept this gvotaHon, sign fart anJ return: Uale Note: 77ils proposal may be wtthdra+vn Thank you for considering Florida Highway Products, for your Pavement and Roadway Management needs. Pa9e_~I ~ ~ ~. Florida Hfgtsway Prod uc; ~., 'ar • °'~_ r~~=?k illll~ ^ f!~ IlLlss~$~ ~~ TO: Randal L. Krejcarek P. 1:. City of Delray I3eacE1 434 StiY Swinlmr Uelray Beach, P1.33444 561-243-7299 T...,n „F .unrl•• A,lirrn Snrfarino 1'lorida Highway 1'roducls, Inc 1 i 70 Celebration Blvd. Ste 101 Celebration. PL 34747 4(17-566.4200 l lax: 407-566- 4201 Date 6/11/2010 Job I_ocation:Delray Beach Salesperson: P. Carlisle Project A•Igr: Est. Start Date: lE aoultcable, see attached Street list Item U Descriptimf Estimated Quantity Untts Unit Price Extended Price Ivlobilizalion 1 LS $ 3,500.OD $ 3,500.00 S - A•ficroSurEaceTreahnentUouble 30363 SY $ 3.07 $ 93,214.11 Crack Seal ]475 Gal $ 13.66 S 20,]48.50 Rut Pill 82.5 TN $ 204.11 $ 16,839.08 Patch Asphalt 47 TN $ 80.00 S 3,760.00 $ - Slriping 1 $ 13,725.96 $ 13,77.5.96 $ - S - $ - $ - $ - $ - $ - $ - Quo Cation prcpand by- 5nl)lotal $ 151,]87.95 subject to the conJitions noted below: uotatlon an the goods rumM TMs Is a , q (All material is guaraNeed to a as specified. All work to be competed in a workmanlike manner according to standard TOEaI Based OR ESL Qt}' S ... ,ua..,-_,a._.,...Ie..:..c...o.~...J,e~l.,.,.o<„o.ifr..ei„n<im•nAino rorra rndc,rill hee~avled only upon $ 151,187.95 written orders, and will became an ctra fiarge over Iha above pmposalestimate. Our worker are fully covered by workrnens compensation Insurance. This quote Is valid for Itdrty (30)days. Name_.___ To accept 1Ma quotation, sign Mrs and rclum Date NoIe=TMs propucsl may Ire withdrawn Thantc you for considering Florida iEighway Products, for your Pavement and Roadway Management needs. Page 2 ~ ~~,~ F lorltla FUnhwa Products Tnc. A "~" TD: RandaE L. I<rejcarek P. E, City of Delray Beach 439 S~V Swinton Delray Beaclr, Pl. 33944 561-293-7299 Ttme of work: Cane Seal Doeer Florida Highway Products, lnc 117(1 Celebration I)Ivd. Ste 1111 Celebration, FL 31747 407-566 X1211(1 Fax: 4(17-566-4201 Date S/14/2010 Job Location,Delray Deach Sakspcrson: P. Carlisle Project tvtgr. Est. Start Date: If aDUlicable, sec attached Street list Item N Description EsQmated Quantity Units Unit Price Extended Price 6-lobilization 1 LS $ 1,500.00 $ 1,500.0(1 Cape Sea! 2107 S1 S 6.00 $ 12,642.00 Crack Seal ]50 Gal $ 13.66 S 2,049.00 1_eveting 5 Tons $ 204.11 $ 7,020.55 $ - Pavemet Markings 1 S ]58.02 ~ 158.02 ~ - S - 5 - ~ - $ - $ - $ - $ - $ - $ - St+blotal $ 17,369.57 Total Dosed on Est. Qt}''s $ 17,369.57 Thank yt~n (tn~ cent=.i~l, ran;; I~[n~ i~i,i i f il;ht~°.t~~ Prf,+lucls, for your PavetnenF and Roadway Marlafement needs. Page 3 ofd. n- t ~,.. 1 1 :i r l i I L...~--- ._-~.~-----...._..~ ,.-~,-~ ~ ~; '~ ~ Z Lv~~~ _ ~WSON BLVD SfTE ~ Y ~!+ ~ j ~ I w ~. i./ ~ t. o I \- ~1. __ ~ i --~ N I a t s ~I 0 ~. _ ' ~._. i -~ ~~ .~ 1 --, .-=~ 1 0 O i I ~ 1 ~~ CITY of DELRAY BEACH LOCATION MAP DAiE:04/15/2009 DOVER RD LOCN'~ ob ENVIRONMENTAL SERVICES DEPARTMENT 2010-044 1 OF 1 lbw 134 8011TH BMfNTON AVB~IE, D~FiAY BEACIi ROFnA 33444 ~:; L _ __ _ -- - S. E. 8TH C T. ~ __ ._ w -~ Z ~ Q S T. _ ~ E~ qT CT~ . _ ~ Q Q ~ O o -_ _ W 0 .~ a a W w __ _ ~ ~ Q 0 0 o ~ o ~-- .o _U 0 z 0 0 3 V7 a Q Z O Q U O J t17 _.. __ O I O 0 N V N O ~ ~ CITY of DELRAY BEACH LOCATION MAP SE 7TH AVE AND SE 9TH CT DATE: 06/10/2009 LoaaAP j cri ENVIRONMENTAL SERVICES DEPARTMENT ~~ 434 80UTH BWN~ON AVB4UE. D~FiAY BEAq{ ROF4DA 33444 zoio-oaa 1 OF 1 s Y~ ~~ ~ 0 a E d v rn 0 0 N O C _.,.1 ~ j O I y~+ .4TH ST a U O J O oO l _..~...._ O O N U O ~~ vi LOCATION MAP DATE: 06/10/2009 ~ ~ CITY of DELRAY BEACH SW 3RD ST LOgAAP ed ENVIRONMENTAL SERVICES DEPARTMENT 2o~o-oaa 1 OF 1 ~0 434 80UR1 SWNTON AVBAIE, C19JiAY BEACH, ROf4DA 33444 ~I~ Iu ~u ~4 Y N _O a cD d N O O c 0 0 U d O N O 3 (n Q _ Z O O 0 N v .~ 0 0 Q U o+ c iri I~ I w Q ~; w vi SE3RD A SE 3RD ST 2ND AVE A~:o~/is~2o~o ~ CITY of DELRAY BEACH , , SE 2ND ST AND LOpAaP e ENVIRONMENTAL SERVICES DEPARTMENT ®g ®© 434 80lJiH BWMON AVBiIE, DRAY BEAC-i ROFiDA 33444 , ~oc,anoN MAP 2010-044 1 OF 1 ._ Y MAGNOLIA CIR. CANAL L-31 v ~ O _ < N.W. 10TH ST. N.W. O O 1 Pia G~~ ~9ti BPQ ~0 3 °i GHQ- F LANE z O O N.W. 9TH ST. O t C Y COUNTRY MANORS ROAD .~ 'r-_.,,% ~ ~~ c O O T o MEADOWLq~ O pBIRD CARDINAL a ~- ~ E o ~pV Q N ~(V .. ~ N.W. 7TH LN. o O LANE ^ ~' O LANE O ~ I \ i o ~ ~ LAKE I D A R O A D LAKE I D A R .o < N.W. 6TH CT. ~, NUE MONTRESOR a rn U t- ~ _ _ _. ° ~... i ~L ' LOCATION MAP DAlE07/09/2D10 ~ CITY of DELRAY BEACH ~ N NW 6TH STAND NW47 6TH CT L0C''''"P ~6 ENVIRONMENTAL SERVICES DEPARTMENT ~ 434 SOUTH 8VYNTON AVBdI~ D9JiAY BE4CF4 ROf~A 33404 , zolo-oaa 1 OF 1 URELWOOD LANE ~P 1-~--- - ~ ______ - .. .. _ .. J f - - .._ .~. --._ 1 _. _-; ,; P~ ~ ' P _ _ -_ i RAPE ~ CIRCLE .=' :. _ - -- _____ y,, . ~ __ - - ~``' RIVERSIDE WAY o O O j , U _ 3 i _ ._~ ~ . _ w. _: ! U ~ Q Q GRAPE CIRCLE ~ LANCEWOOD PL. SOUTH ~ `~; i i ~ ~ I i ( ! I I '~ \\ a~ c 0 S~ 10TH 0 N i _.... _.. ...._. O O N ...................__....._ O S T. ~ O IV ~\ .O ~~ :~ N CT a o ,~ ~, 0 0 ~~'~( P ~~ ~ w 0 z can ~~L ~ ---- z ~.I..~ Q z f DELRAY BEACH CITY LOCATION MAP DATE: 07/09/2010 o NW 7TH CT Lop""P e ENVIRONMENTAL SERVICES DEPARTMENT ®© 434 80UTli BNTffON AVBdI~ DBJiAY BEAdi ROFnA 33444 . zoo-oaa 1 OF 1 ~~ ~_ ,~~ Y BEACH ~ NE 14TH ST NE16CT DATE 07/09/2010 CITY of DELRA ® , AND NE 17TH ST NE 18TH ST Lop""P g e~' ENVIRONMENTAL SERVICES DEPARTMENT ®~ 434 80UT}i BYVNTON AVBAIE, DRAY BEACF~ ROf1DA 33441 , LOCATION MAP 1 OF 1 JII ~ _ _. J Q _._____a 0 0 Y GEORGE ~~ I N ~ I °~ 11 of II '7 TI I ~1 = rD 1 V . L . d 0 "-- Z .._ _.... __ ____. Z N I I ~ _ ..._..._.._ W Q. ~ _... _ . .... __..._...__....._. LL ~ O O ~ z ~ N .E. BUSH o-_.._ N.E. 7TH CT. I S T. i _ - __ _.._ o0 __ _.. _ __ - __ _.. ____ N N , _... ___.... _.... O W S T. SPOON LANE ~-~ J_ Q ~' __ .__ ~ J Q BOULEVARD __ ___ ,~ BOND WAY :; ^j; __~ 1 ~ ~ `" ~~ t z' vj 1~ ,~ ~ ~ ~, l / ~ ~A: ~ J i ~ `~ ` i ~..., ;~ _~ ,tom a_. ~•..., ---. ~ ~ -ai ~ ~ ~~ N I i~~ ~ ~ s. ...__. ..-,-~--z-r-.-n-~-r-~~ . C Y N O d E a N 0 0 N O I O °: 0 rn~ i ..( i ;i r (~ .. ., ~ ~ ciL`JG r'"1 ~!._,`~ y ~...y ~~ C-> _ ll ~~~ __~, _ ,~-~~ ~_~~ ~'~7 ~~ } ~. _,~ -_ ~„`f ~ r, CC__„__ H LOCATION MAP DATE: 07/09/2010 CITY of DELRAY BEAC DR and Lakeview Blvd i L k LOCNAP s ENVIRONMENTAL SERVICES DEPARTMENT b ev ew a 434 &OllTH BWM~ON AVBrUE D9JiAY BEACH FLOFiDA 33444 ®p 2010-044 ~ QF MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: July 9, 2010 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING_OF_JULY 20, 2010 SPECIAL EVENT REQUEST/SUMMER NIGHTS ON THE AVENUE ITEM BEFORE COMMISSION City Commission is requested to approve the Summer Nights permit scheduled for August 27th from 7pm to lOpm, to grant a temporary use permit see LDR's Section 2.4.6(F) for the closure of Atlantic Avenue from NE/SE 5th Avenue to NE/SE 6th Avenue and to approve staff support for security and traffic control and barricading. BACKGROUND Attached is a special event permit, site plan, budget, certificate of insurance and Hold Harmless Agreement submitted by Sarah Martin on behalf of the Downtown Marketing Cooperative. This item is a minor event but is before Commission for the road closure since this is a FDOT road. The estimated cost for this event is approximately $420. Per event Policies and Procedures there is no charge for City services. RECOMMENDATION Staff recommends approval of the event permit, the temporary use permit for the road closure and staff support as requested. Event DEIRAY 6EACN City of Delray Beach RE~E~~/ED' '~ Special Event Permit ~~~~ 3 ~ 20i0 ~ ~-a,ne~~ci~ Application ADMiN1STRATIVESERVICES PLEASE TYPE OR PRINT 1993 2001 Name/Title: ~ Event Date(s): 1 ~~ imes: ~~ ~~ ~~. c,~. t ~~1,U,v~~'c, Platu~ed Activities ((}utline of activities/number of activities, i.e. entertainment children's rides, games, other programs): ids lnlrllL'St L ~ ~ ~`~S ~ .- nw1 ... 1_.,,~ .....~_ ., _.. 1_ , _.._ la..._ Number of Individuals Served Previous Year (if applicable): Describe the targeted population and expected attendance; 0 ~1.~ ~I~NIYklUlaiJlll.• I'AYY1WiAlln~~iP_S ~a{)llri'!S~ Event Sponsor/Producer: i ~~ Event Contact/Coordinator: ~a~~ ~ iTl Sponsor Category (please check} City~Non-Profit/Charitable a Private o Co-Sponsor -Non-Profit/Private ~ (If Non profit attach proof of 50.1 c(3), c(9), c(6), C(10), or c(19) or (r ~ ~ I w Event Location (Describe area boundaries of event/location): ~,L (~__ _~1( Site plan attached: yes~.____ no (Site plan required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no~_ (If yes, attach proof of approval) Private Property Use: yes no~_ (If yes, attach letter giving authorization from property owner} Event budget attached: yes~_ no (Required for all events) Previous year RevenuelExpense summary attached: yes_~ no_ (Required for all events) Do you have cash sponsors for the event: yes~_ no (Indicated on budget} Do you have inkind sponsors for the event: yes ~_ no (Indicated on budget) C:~Documents and Seltingsu.islDesktoplSpecial Gvent Permit Applicatiai FINAL 9.6.07.doc Describe your Marketing/Promotions Pro ram (How will y u market/ romote, i.e. TV, radio, posters, flyers, web sites oth r): ~~'~~~ j c~ , ~~e ~n•4`~ Serving or selling alcoholic beverages: yes no (If yes, copy of licetrse acrd alcohol liability insurance required two (2) weeks prior to evet:t) Event certificate of insurance attached; yes•_.~ no (Required rivo (2) weeks prior to event Wanting the City as additiaral insured, also required for vendors) Playing of amplified music: (Waiver requirerl) yes~_ no Will there be entertainment: yes no (If yes, attached list of Performers and/or DJ's If yes, sponsor agrees all entertainment will e f mily oriented and contain no obscezuties; yes no Requesting Police assistance: yes. no {traffic controllsecurity) (~~ h~(,QSSGIry Will supplement with private security: yes no+,~_ (If yes, need plan attacl:ed) Requesting Emergency Medical assistance: yes no Requesting barricade assistance: yes, ~_ no (If no, how are you handling?) Requesting trash removaVclean up assistance: yes no~ (Will be billed to sponsor) ~ Requestin _ trash boxes/containers and liners• :~'/~dtifsdti aJ~L~ .2 ~2~~~ ~~~ no yes_ . Requesting stage use: ~ P~ti~S N RLZ'' yes no_~__ (If yes, clteclc type) Large stage (14' x 36') ^ Sznall stage (16' x 21') o Half small stage (8' x 21') o / ~ Requesting signage: yes no Type: 4'x4'Event sign Parking Signs Banner hanging Indicate dates required (1~Vaiver requirerl if more than one (I) week prior to event) Requesting City Portable Generator: yes no~,_ (If yes, size & power) Food and beverage vendors: yes no~_ If yes, approximate nzzmber {Health Department approval required) yes no C:~Documents and SettingsU.isi~esktop~.Special Event Permit Application FINAL 9.ti.07.doc Other vendors: (Indicate type) yes no Tents: yes~_ no If yes, HorU rrrany yf'/:at size or size required (If yes, te~rt permits arrrl ftre inspectio~ts r~eay be seeded) Will the event include amusement rides: yes no~ (If yes, type and locatio~t rrrrd copy of IiaGility insurance required, also regarires state license and inspection.) Will the event be gated: yes no~ (Slroz~ on-site Wrap) Will there be a charge for the event: yes no~ (If yes, indicate ticlret prices) Will there be fireworks or other pyrotechnics: yes no~ (If yes, contact Tire Marshal to obtain and corrrplete permit application) Will there be cooking with compressed gas: yes` no~ (If yes, contact Fire Marshal for inspections) Will you be providing poz•t-a-lets for the event: yes X no (If yes, locate oyr-site map. If rto, r~rdicate ho}v you will lrmrtlle restroom creeds) Is reserved parking requested: yes no~ (If yes, indicate locations and purpose for use) Event Permit Site Plan Budget Recap Last Years Event Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property V Owner /~ Hold Harmless Agreement Submittal Date Requirements: • Minor Event 4S days pl•ior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event C:1Documents and SeltingslLislDeslctop~Special Gvcnt Permit Application FINAL 9.6.07.doc Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. lst Avenue, Delray Beach, Florida 33444, Required with permit application. For Staff Use Orly ~ Date Received 7~ i 6 Application fee received $ 7 C:\Documcnts and SetlingsU.islDeskioplSpecial Event Pcrmit Application PIT@AL 9.6.07.doc ~ ~ U ~ •~ c~ ~ ~ W U .., ti N d Q~ O H N h N ~ 4) ~0 F ~; ~, ~ ~~o w~.v O .,-. ~b0 z 0 H N N U ~--~ O U Downtown Marketing Cooperative Statement of Revenues and Expenditures APPRQ~V~D 2010 Proposed 2009 Budget 2009 Actual Budget Income Administration Co-ordinatlng Fee Sponsotshlp Miscellaneous Income ActivitleS ~ Events Income Total Administration Pineapple Grove >k West Atlantic Howard Allen Event Sponsor Rev Total Pineapple Grove & West Atlantic Art r~ ]azz on the Avenue Co-ordinating Fee Sponsorship Event Sponsor Rev Total Art Se Jazx on the Avenue 7uly Fourth Celebratlons Event Sponsor Rev Other Income -Events Total Juiy Fourth Celebratlons December Holidays & First Night Santa Breakfast Santa Photos First Night Buttons Office Depot Foundation Bear Donations Received Event Sponsor Rev Merchandise Sales Other Income -Events Total December Holidays s~ First Night General Promotions -Downtown Marketing Cooperative ~h11'Nt?.Y' Co-ordinatlng Fee Sponsorship Int~~1~ Event Sponsor Rev Other Income -Events Total General Promotions -Downtown Marketing Total Income Expenses Administration Salaries Payroll Taxes Unemptayment Insurance Health Insurance ReUrenlent Fund Meetings/Conferences Audit Expenses Dues & Sut~saiptlons Web Sponsorship Exp Maintain Office Equip Banking Fees Merd~ant Account Fee Office Supplies Computer SuppllesJMalntenance Printing ~ Statlonary 101 4120 352,000.00 345,933.64 352,000.00 4203 0.00 8,160,00 O.QO 4900 0.00 361.73 0.00 352,000.00 354,455.37 352,000.00 860 4115 0.00 3,000.00 0.00 4601 23,550.00 17,500.00 22,000.00 23,550.00 20,500.00 22,000.00 862 4120 0.00 600.00 0.00 4601 109,100.00 95,100.00 75,100.00 109,100.00 95,700.00 75,100.00 865 4601 65,200.00 78,208.00 70,000.00 4620 500.00 0.00 500.00 65,700.00 78,208.00 70,500.00 866 4350 0.00 4,740.00 4,800.00 4355 0.00 6,450.00 6,500.00 4360 0.00 19,320.00 16,000.00 4365 0.00 1,280.00 0.00 4501 20,000.00 18,456.50 20,000.00 4601 140,000.00 160, 550.00 140,000.00 4606 0.00 12,655.89 17, 200.00 4620 28, 500.00 000 0.00 188,500.00 223,452,39 206,500.00 869 4120 0.00 500.00 0.00 4601 0.00 4,000.00 7,500.00 4620 4,000.00 550.00 0.00 4,000.00 5,050.00 7,500.00 742,850.00 777,365.76 733,600.00 101 5001 255,230.00 252,108.54 263,361.00 5101 23,010.00 18,998.94 20,078.00 5105 0.00 280.30 300.00 Sill 2b,560.00 24,057.26 30,485.00 5115 21,765.00 22,719.15 26,245.00 5121 7,640.00 4,851.04 3,000.00 5201 2,850.00 3,550,00 3,550.00 5205 552.00 1,296.10 1,300.00 5216 0.00 620.00 620.00 5221 0.00 95.86 100.00 5224 314.00 1,122.85 1,100.00 5225 0.00 910.36 1,000.00 5231 0.00 1,812,34 1,000.00 5232 750.00 367.41 750.00 5241 3,295.00 2,340.51 1,000.00 Downtown Marketing Cooperatlve Statement of Revenues and Expenditures APPROVED Meetlngs/Conf~ Office Supplies Postage Telephones Sales Tax Expenses Miscellaneous Economic Marketng Exps First Night -City Reimbursable 1st Nite Buttons - Sdd Consignment Item -Sold Ads, Marketlng &Slgnage -Events Awards & Recognltlons -Events Contract Services Design ~ Typesetting -Events Equipment Rental /Lease Venue Expense Miscellaneous Expenses -Events Photography 8r Film Expenses -Events Sales Expenses -Merchandise Supplies Purchased -Events Travel, Meats & Meetlngs -Events Sponsorship Expense Total December Holidays Se First Night Howard Allen Sponsorship Miscellaneous Expenses -Events Total Howard Allen Sponsorship General Promotions -Downtown Marketing Cooperative '~.r Dues & Subscriptions nt~~}~ Event Fees Actlvltles & Events Expense Ads, Marketing &Slgnage -Events Contrail Serv[ces Design 8c Typesettlng -Events Equipment Rental /Lease Miscellaneous Expenses -Events Photography & Fllm Expenses -Events Printing Expenses -Events Supplies Purchased -Events Travel, Meals & Meetings -Events Total General Promotions -Downtown Marketing Total Expenses Excess of Income over Expeditures 2010 Proposed 2009 Budget 2009 Actual Budget 5121 0.00 98.58 0.00 5231 0.00 83.06 0.00 5235 0.00 10.76 0.00 5245 700.00 0.00 0.00 5301 0.00 106.10 0.00 5322 0.00 532.84 532.00 5731 0.00 b,939.50 0.00 6000 0.00 500.00 500.00 6(}05 0.00 18,599.25 18,000.00 6010 0.00 1,280.00 0.00 6101 8,500.00 2,649.00 3,000.00 b105 2,500.00 3,347.23 2,500.00 6110 85,400.00 85,242.95 84,400.00 b115 6,500.00 12,682.60 6,500.00 6125 7,000.00 6,788.39 7,000.00 6131 0.00 7,087.58 0.00 6141 0.00 4,740.54 5,000.00 6145 500.00 650.00 500.00 6161 0.00 6,450.00 6,450.00 6171 25,000.00 25,292.97 25,000.00 6175 7,500.00 4,496.30 7,500.00 6190 30,000.00 30,000.00 30,000.00 173,600.00 217,577.65 196,882.00 888 6141 4,000.00 91000.00 0.00 4,000.00 9,000.00 0.00 869 5205 0.00 150.00 0.00 5zo7 o.aa 4so.ao o.oo 5900 0.00 3,010.00 0.00 6101 0.00 (170.25) 0.00 6110 0.00 3,250.82 6,000.00 6115 0.00 1,192.80 500.00 6125 0.00 4,055.71 0.00 6141 0.00 711.73 500.00 6145 0.00 350.00 0.00 6151 0.00 843.48 500.00 6171 0.00 737.99 0.00 6175 0.00 128.94 0.00 0.00 14,711.22 7,500.00 731,030.00 763,838.30 729,789.00 11,820.00 13,527.46 3 811.00 01/24/2010 23:46 FAX 563. 278 0555 DETRAY BEACH D lOWbi'I' ~~ CERTIFICA'1"E OF LIABILITY INSURANC ~,/ T-{IS CEftTIfICATE {S ISSU{=U A9 A MATTER I R ONLY AND CONFERS NO RIGHTS UPON THE A~TER THC COVERAGE AFFOR ED BBY THEE °1'rie Plaatridge pgeaoy, Ina. 820 N.E. 6th Avenue I~B1raY HeaCA RT, 33483 1NSURERg pFpORDiNQ COVERAGE PIIon,O:561-276-5221 LraX:5fi1~2'76-5244 IN_°11RERA. R>_vzvorL av~~e c°°o"°' INSURED PQ:a1R~ 8: Delray Beach DcAVntown>y~gr of Ir~neR C' Cppperative:DDA,C`~.r CouimpczcA CitYenueDelray gaach 1Ny-HERD: h4 3.L. nth A Del=ay HeaCh SZ 33483 wbuREnE: X002 r+= c CruM Ol/22~ ATI~~ TE tD OR IELOW. NAIG ~ ovERA~>;s 'n~ POLICIES 01: Ih5DRNh%E LI3TID BELd\'Y FtA~ BFEht {6SU3~ 70 TI'S- INSUFCD ISMk'~ PsOV[ FOR THE PaICY ACT OR OY1fJ2 DO.;IJM-FNt WITH {iESPECT'TO WMCN'RII CX0.USID~F Ate COMDR DMS OF SU~i AN'( RE0:71RE].+vNl, TERIl~ OR CON"JIT70N OF ANY CONSA TD ALL 77C 7ETt4+1.. MAY PcRTAIN, TNF 1NSLJRM7CC ~OR~ BY 7}E P0.1GIF8 LX:SCRI~ ~~~ IS 9J.3~~ LI~~ pJLICIE:S, AGGREGATE LIMBS SFTO~ I.t~Y HAVE BEEN RED~PD i Y NUM P1t DATE Ib1~D DAB (MINJD ; SO O O O O O ,77i NS TYPE DF INSURANCE thhCli OCd~ GFa1FRAL LU161LITY 01/23/7,p 01/23/3.1 PRpAises Ec ocowernul 5300000 }~ X X COkt.C-37ClAL CF~F.~AL LU~BILRY tiVCt101 B 0 0 31 -r~v FXP l~v w,~ ~ersaN s ~ks5 µnDE Ln.~ ocf1F+ P~S~gl.6 ADV W.~RY 5 1000000 GcJ.~=~AGGUecr.TE S 2000000 PR'~DUCYb.COMPlOPAGG f 9,000000 GcM,e,(,,~r~ATE IIMRAPPLI£S PER' }( POLICY ~Ci L~ COt$IIJF-D 61~LE LlM1T aaer4y E ; AUTON061LE LlAekrrY n e~ c ANY AUtO BaD4LY Ik./:JRY l; PI.L OWN:'O A17T09 [Pe: P°'9MI S(~lF_ECl ALifOS 60~71LY WJJkY ~ ~l 6 t<IREO autos (Pet ec NOI~OWI~D AUfD6 P~OPCFlF'f ta'3.'lA~ IPa< ncddakl s NJT00'~I.Y•F1,AGCkT.`-f~tf S GARAGE L1ABU.Tn' EA ACC 01J1~O 1Y:1 GG S 5 ANY Auro A P FAGt+voGL~~ 5 EXC~ ! UM9R~-LA LIAaU7Y ~~-- AC-CiREGATE 5 ~~+ ~ CLAIF~ MkDE 5 s tx~ng~r: Dr. 5 _ RE7r?1noN & rol;Y ~nntT's ~ DR COAtiP SAT7~ E1,EACkALY;ID`-~Nt f At.1o EMoLOY~~' ~t~'-ITM Y / N ANY PROf'R16TCF7/PARTN:~%FCUI'IVE ~ ~,1. DI;,PA~ - EA F?A~'LOYEE 5 fM~inl atj rv h ~tl-Il ~"tto DT ~i E!_ D15CK-- POIJGY LR~r~t 5 7cSCR1PT10N OF OPERA G•;!S I LOLL T10N9 f VDtICLES f EXQ-~1610NS AoDED E7~' EJiDOtfur~~~ , °r<`°•• ..- -~-~- Sgecial Svent•s - 6 A>;t 5 JaaZ on t2Te A°e'at theme ~TZ~ ygltTxe~e Pineapple C3zoV0 Bed Race, 1 First L•Tigltt, 1 Kid9 Day Lighting. Holder is Add3.tienal insured with respect to t3enera3- Liability CANcELLATIaN GEKTIFICATE HOLDER SHOD AtdY of Me Aeova D~acwBED aa~cles $~ caNCFJ-LLB OeFOR6 THE exP1RATTDN DAY6 WRt("fEN CT1'YD'1 OAT1?'R7c~-OP, 11iE i53UNa lNSVRER WILL E3~DPAT/OR T'0 )titA0. 3O NOTTG6 TO'T11E CEKrIKIC1.TE HOLDER NAMED Tv THE LgT. 13UT FA~URE TU DO eo s~LL pyppgE NO OBLIOATIDN OR L4AHt.ITY OF AI+Y KIhTJ UPON THE {,~IGJRER, RS ACFJ~ITS OR R2=pRE9ENTAT7VES. City v£ Delray Beach ALrtxota~RePaessxrATnYF 100 N.W. 1st Avenue ~ a3u d. elra SeaCh FL 33444 ®1968-2009 A ACORD '1512009/01) Tfie AcoRO name and logo are registered marks Gf ACORO ~~j~~~sea ~6~,...; the ~ j ~:. SPECIAL EVENT HOLD HARMLESS AGREEMENT The Delray Beach Downtown Marketing Cooperative, Inc. of Delray Beach, Inc. (comprised of the Community Redevelopment Agency, Downtown Development Authority, Chamber of Commerce and the City of Delray Beach) agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from and in exchange for the Delray Beach Downtown Marketing Cooperative Inc. use of City Facilities or property for the special event of * ~I'UAI.N~R ~~ N1S etrA~ 1'NE /~ 1/l~iYUG and hereby releases the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and. costs attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from the special event of ,.~l~4 ~» ~R. ~Y/~ ~N?S aO~,t~~ i9 t/'~'~/v~ - 1NC y iG ?div ,~ vG~S?' G~f ~ d/ • ~~Y Zi{ ~~~ ~t~~s'~''Qy~a v * This Indemnification and Hold Harmless and Defend Agreement is only to the extent Sf insurance maintained by the Delray Beach Downtown Marketing Cooperative, Inc. as covered under Riverport Insura~a/nce Company policy number WR0180031 Michael Listick, Chairman, Downtown Development Authority Cat Bal str'e e, a' ~nan esi ee, Community Redevelopment Agency Brian Cheslaek, Chairman, Chamber of Commerce Robert A. Barcinski, Assistant City Manager, City of Delray Beach Revised 6!3/10 3)etrny i3caci~ llownlo~vit i~4nrl:eting CoE~perati~•c ~'it~= of Deh~) Beach • C.c~n~n~unit~ hedeueh~pmeni ~~~~enc~~ + I)r~+~nt~~~~-n De~~elapment Aiuhocit~ . G~•enter L~eh•a~ Beach C,hamhe~ cif C~~nunerGe ~~-E\ SL 5~' A~~rnue., Dt:lr:~~~ Beach, T']. ?34« ~ Tel 561.279.1;si1, eat 16 r 1';i~- 561??5.~~~` ~~~~~w.Do~~7~t~>>axzDetrivIIeach. cony MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: July 13, 2010 SUBJECT:A_GENDA_ITEM 8.1. -REGULAR COMMISSION n1EETING OF JULY 2Q,_2010 SPECIAL_EVENT I2EQUES__T -ART AND AZZ nN THE AVENUE 8.19.10 ITEM BEFORE COMMISSION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for August 19, 2010 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of NE/SE 7th Avenue, Railroad Avenue from Atlantic north to north side of the east/west alley, and to the alleys north and south of Atlantic on NE/SE 1st Avenue, NE/SE 2nd Avenue, SE 3rd Avenue, NE/SE 4th Avenue, and to authorize staff support for security and traffic control, EMS assistance, banner hanging and removal, barricade set up and removal, trash removal and clean up. BACKGROUND Attached are the special event permit request, budget, site plan, Certificate of Insurance and Hold Harmless Agreement for this event received from Sarah Martin. This event will include West Atlantic Plaza and other locations on NW/SW 5th Avenue. The estimate of overtime cost for this event is $7,403. Cost for the barricade rental is estimated at $200. Based on the event agreement, the Downtown Marketing Cooperative is to pay the City 35% for all costs over $1,000 plus the full cost of barricade rental. The estimated charge for this event is $2,441. This event is sponsored by the Sun Sentinel. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permits and street closures, staff support as requested, including barricades with payment of costs to the City per the agreement between the City and the Downtown Marking Cooperative. vELRAI~ [3EACH City ofDelray BeachRECE~VED Special Event Permit ~u•ame~i~c~ j Application JUN 3 0 201p aaMi~sr~arlv~s>:RVicr=s PLEASE TYPE OR PRINT 1993 2001 Event Name/Title: (15~~ °~ ~Ol,~'2 (} ~ ~ UL Times: IU Event Dates Event Sponsor/Producer: ~ ~ ~c. Event Contact/Coocdinator: S Q ~~ fn Name: 3 Planned Activities (Outline of activities/nu ber oftactivities, i.e. enterta nment, chi~di•eii`s rides, games, othe ~ programs): lY1u~`c ~` U'A~A1_~ Q '~.OtilY~ Number of Individuals Served Previous Year (if applicable): Describe tl c targeted population and expected attendance: ~11t~MuV-~t~n~l. lNM1nArlvti~l'Ds : ~IIY'd!S~ Telephone Number : 0 X Cellula • Num er.' ~~ (2~(~~.KJ E-mail Address: ~~• t~ ._LU-~1 ~ Describe your Marketing/Promotions I radio, pos~,ers, flyers, w~ sites, other): you i.e. TV, 5 Sponsor Category (please check) City~Non-Profit/Charitable o Private a Co- ponsor -Non-Profit/Private o (If Not profit attach proof of SOlc(3), c(4), c(6), C(1 D), oii• c(19) or (d) . Event Location (Describe area boundaries of event/location}: ~~, Site plan attached: yes~_ no (Site plan required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no_~ (If yes, attach proof of approval) Private Property Use: yes no~ (If yes, attach letter giving authorization from property owner) Event budget attached: yes no (Itegi~ired for all evei'rts) Previous year Revenue/Expense summary attached: yes__k~ no_ (Required for all events) Do you have cash sponsors for the event: yes_~ no (Indicated on budget) Do you have inkind sponsors for the event: yes_~ no (Indicated on budget) C:1Documents and Sellings~l.is~lDesktoplspecial Event Permit Application rMAL 9.6.07.doc Servi-ig or selling alcoholic beverages: yes no (1f yes, copy of lice~rse and alcohol liability insurance ,•egrriretl t-vo (2) weeps prior to event) F,vent certificate of insurance attached: yes ~ no (Req,rired two (2) -veelcs prior to event ,rasrr,rg the City as arlditiorral insured, also -•egtri,•ed for ve,rdors) Playi-ig of amplified music: (Waiver -•equire,l) yes no Wil! there be entertai-mient: yeses no (If yes, attached list of Performe-•s and/or DJ's) If yes, sponsor agrees all entertainment will e mily oriented and contain no obscenities: yes no Requesting Police assistance: yes_~ no (t-•af6c control/security) Will supplement with private security: yes no~_ (If yes, need plmr attaclrerl) Requesting Emergency Medical assistance: yes~_______ no Requesting barricade assistance: yes_~ no (If no, how are you handling?) Requesting trash removal/clean up assistance: yes~_ no (Will be billed to sponsor) Requesting trash boxes/containers and l~e-•s: yes~_ no uSG~ SPv~.~o~. ~oy1 ~S ,S~a~~D Requesting stage use: ~ /~~3iLK.~ `{~v~~-•' yes no~ (If yes, clrecl~ type) Large stage {14' x 3G') o Small stage (16' x 21') o Halfusmall stage (8' x 21') o Requesting signage: yes / no Type: 4'x4')/vent sign Parking Signs Banner ha,-gin Indicate dates required (T~V,river -•egrrired if -uore than one (1) week prior to event) 'd W~5 ~t'1`0~' `Eta ~14,W~' Requesting City Portable Generator: yes no V \ (If yes, size & powe-•) Food and beverage vendors: yes no If yes, approximate numUer {Health Department approval required} yes no C:\Documents and Settings\LislDesktop\Special Event Permit Application FINAL 9.6.07.doc Other vendors: (Indicate type) no Tents: yes ,/~ no If yes, How many What size or size required (If yes, tenf pe1•mits and frre irtspecliorrs may Ge needed) Will the event i~iclude amusement rides: yes Ilo.~ (If yes,131~e and location ar:rl copy of liability irtstn•ance required, also regcrires state lice~rse and inspectio~r.) Will the event be gated: (Sftow on-site map) yes no J Will there be a charge for the event; yes no_~ (If yes, indicate ticlret p1•ices) Will there be fireworks or other pyrotechnics: yes no_~~ (If yes, carttact Fire Marshal to obtain curd complete permit applicrrtian) Will there be cooking with compressed gas: yes no~_ (If yes, contact Fire Mtrrshal for inspections) ~( Will you be providing port-a-lets for the event; yes y ' no (If yes, locate oar-site map. If no, i~rdicate how yorr -vill handle restroom needs) Is reserved parktng requested: yes no (If yes, indicate locations and purpose for trse) Event Permit Attac invents: RevenueBxpense Budget Revenue/Expense Recap Last Years Event Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status _ General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter fi•oni Private Property Owner Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event C:1Documenls and Seltings~l,islDesklopl5pecial Event Pennil Application FINAL. 9.6.07.duc ~~ Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. ls~ Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Orrl~ 1, / ~- Date Received ~~ Application fee received $ ~~ C:~Documents and ScttingslLislDcsktop~Special Event Pcrniit Application FINAL 9.6.07.doc Downtown Marketing Cooperative Statement of Revenues and Expenditures APPROVf~D 2010 Proposed 2009 Budget 2009 Actual Budget Income Administration Co-ordinating Fee Sponsorship MIsce1laneous Income Activities ~ Events Income Total Administration Pineapple Grove !>k West Atlantic Howard Allen Event Sponsor Rev Total Pineapplo Grove >~ West At[antc Art & Jazz on the Avenue Co-ordinatlng Fee Sponsorship Event Sponsor Rev Total Art 81 ]azz on the Avenue July Fourth Celebrations Event Sponsor Rev Other Income -Events Total Juty Fourth Celebrations December Holidays 8e First Night Santa Breakfast Santa Photos First Night Buttons Office Depot Foundation Bear Donations Received Event Sponsor Rev Merchandise Safes Other Income -Events Total December HotEdays & First Night General Promotions -Downtown Marketing Cooperative Co-orcNnatlng Fee Sponsorship Event Sponsor Rev Other Income -Events Total General Promotions -Downtown Marketing Total Income Expenses Administration Salaries Payroll Taxes Unemployment Insurance Health Insurance Retirement Fund Meetings/Conferences Audit Expenses Dues & Subsaiptions Web Sponsorship EScp Maintain Office Equip Flanking Fees Merchant Account Fee Office Supplies Computer Supplies/Maintenance Frinting & Stationary 101 4120 352,000.00 345,933.64 352,000.00 4203 0.00 8,160.00 0.00 4900 0.00 361.73 0.00 352,000.00 354,455.37 352,000.00 860 4115 0.00 3,000.00 0.00 4601 23,550.00 .17,500.00 22,000.00 23,550.00 20,500.00 22,000.00 862 4120 0.00 600.00 0.00 4601 109,100.00 95.100.00 75,100.00 109,100.00 95,700.00 75,100.00 665 4601 65,200.00 78,208.00 70,000.00 4620 500.00 0.00 500.00 65,700.00 78,208.00 70,500.00 8fi6 4350 0.00 4,740.00 4,800.00 4355 0.00 6,450.00 6,500.00 4360 0.00 19,320.00 18,000.00 4365 0.00 1,280.00 0.00 4501 20,000.00 18,456.50 20,000.00 4601 140,000.00 160,550.00 140,000.00 4606 0.00 12,655.89 17,200.00 4620 28,500.00 0.00 0.00 188,500.00 223,452.39 206,500.00 869 4120 0.00 500.00 0.00 4601 0.00 4,000.00 7,500.00 4620 4,000.oo 550.00 0.00 4,000.00 5,050.00 7,500.00 742,850.00 777,365.76 733,600.00 101 5001 255,230.00 252,108.54 263,361.00 5101 23,010.00 18,998.44 20,078.00 5105 0.00 280.30 300.00 5111 26,560.00 24,057.2b 30,485.00 5115 21,765.00 22,719.15 26,245.00 5121 7,640.00 4,851.04 3,000.00 5201 2,850.00 3,550.00 3,550.00 5205 552.00 1,296.10 1,300.00 5216 0.00 620.00 620.00 5221 0.00 95.86 100.00 5224 314.00 1,122.85 1,100.00 5225 0.00 910.36 1,000.00 5231 0.00 1,812.34 1,000.00 5232 750.00 367.41 750.00 5241 3,295.00 2,340.51 1,000.00 Downtown Marketing Cooperatlve Statement of Revenues and Expenditures 2010 Proposed APPROVED 2009 Budget 2009 Actual Budget Meetings/Conferences 5121 0.00 98.58 0.00 O(Iice Supplies 5231 0.00 83.06 0.00 postage 5235 0.00 10.76 0.00 Telephones 5245 700.00 0.00 0.00 Insurance 5301 0.00 106.10 0.00 5aies Tax Expenses 5322 0.00 532.84 532.00 Miscellaneous Economic Marketing Exps 5731 0.00 6,939.50 0.00 First Night -Qty Reimbursable 6000 0.00 500.00 500.00 1st Nlte Buttons -Sold 6005 0.00 18,599.25 18,000.00 Consignment Item -Sold 6010 0.00 1,260.00 0.00 Ads, Marketing ik Signage -Events 6101 8,500.00 2,649.00 3,000.00 Awards & Recognitions -Events 6105 2,500.00 3,347.23 2,500.00 Contract Services 6110 85,400.00 85,242.95 64,400.00 Design & Typesetting -Events 6115 6,500.00 12,b82.60 6,500.00 Equipment Rental / Lease 6125 7,000.00 6,788.39 7,000.00 Venue Expense 6131 0.00 7,087.58 0.00 Miscellaneous Expenses -Events 6141 0.00 4,740.54 5,000.00 Photography & Film Expenses -Events 6145 500.00 650.00 500.00 Sales Expenses -Merchandise 6161 0.00 6,450.00 6,450.00 Supplies Purchased -Events 6171 25,000.00 25,292.97 25,000.00 Travel, Meals & Meetings -Events 6175 7,500.00 4,496.30 7,500.00 Sponsorship Expense 6190 30,000.00 30,000.00 30,000AO Total December Holidays st First Night 173,600.00 217,577.65 196,882.00 Howard Allen Sponsorship 868 Miscellaneous Expenses -Events 6141 4,000.00 9,000.00 0.00 Total Howard Allen Sponsorship 4,000.00 9,000.00 0.00 General Promotions -Downtown Marketing Cooperative 869 Dues fit Sut~scripdons 5205 0.00 150.00 0.00 Event Fees 5207 0.00 450.00 0.00 Activities & Events Expense 5900 0.00 3,010.00 0.00 Ads, Marketing 8 Signage -Events 6101 0.00 (170.25) 0.00 Contrail Services 6110 0.00 3,250.82 6,000.00 Design & Typesetting -Events 6115 0.00 1,192.80 5110.00 Equipment Rental /Lease 6125 0.00 4,055.71 0.00 Miscellaneous Expenses -Events 6141 0.00 711.73 500.00 Photography & Film Expenses -Events 6145 0.00 350.00 0.00 printlng Expenses -Events 6151 0.00 843.48 500.00 Supplies Purchased -Events 6171 O.QO 737.99 0.00 Travel, Meals ~ Meettngs -Events 6175 0.00 128.94 0.00 Total General Promotions -Downtown Marketing 0.00 14,711.22 7,500.00 Total Expenses 731,030.00 763,838.30 729,789.00 Excess of Income over Expeditures 11,820.00 13,527.46 3,811.00 x;' ~>° w ~ - r~ ;,r ~.. ~, ` , ,.- ,~ ; - wr .. .~ ~~' ~, .~ ~ au ~_ ~+ ,~ ~~ .. °`,~ _ .. ~, ~' ~`,~ - ~,~fil~it~d~ 3.1'~ NUl~~lt"AS N ~ ,~, '~* ~~. --~ ~. ~ ~ .- E ~' o: ~ - w ~r ~ .~r. ~ -` ~ ~~ ~ . 1S '° 3 Alf Nl ~y .rr _ !- ~~ ~ ; s~ ` ~ ~ ~ ~ ~ . ~ ' ~..,„ ` .. 999.,, a s { ,. r w "aw.".,, ~«M Ay ,; +Mi. $J's yp a_ ~~ ~~ ~ `}`, k~ ~ °`^ a e ~ do ~ a t '~ '~ rA ~~r ~ ,. { a .. yy 4~p" ..k ~ IY ~. ~~ ~~. .,,.,,.... a t ' ~ ~" ti ~ ~:. .=" __; ~~ - - +m 9w .~ 1$ 3"9FI1: 3N .__a tr~~ SPECIAL EVENT HOLD HARMLESS AGREEMENT The Delray Beach Downtown Marketing Cooperative, Inc. of Delray Beach, Inc. (comprised of the Community Redevelopment Agency, Downtown Development Authority, Chamber of Commerce and the City of De}ray Beach) agrees to indemnify, hold llatmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from and in exchange for the Delray Beach Downtown Marketing Cooperative Inc. use of City Facilities or property for the special event of * ~~ r ~r ~! t¢2~ one ~'.V ~' ~~t"~ L P and hereby releases the City of Delray Beacll, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from the special event of 7iP f ~+ L j ~ Z 4.s' ~/~ .~' /~ d C°. "'"' ~q v C of 4 / 9 .SDI v . * This Indemnification and Hold Harmless and Defend Agreement is only to the extent of insurance maintained by the Delray Beach Downtown Marketing Cooperative, Inc. as covered under Riverporf Insura~a~nce Co~m~p~a,~nhy policy number WROI 80031 Mic}~ael Listick, Chairman, Downtown Development Authority Cat} Bal sfr'e e, a' an esi ee, Community Redevelopment Agency Brian Cheslack, Chairman, Chamber of Commerce Robert A. Barcinski, Assistant City Manager, City of Delray Beach Revised 6/3110 l)rtra)~ 13eacli llo~~ntown ~•lnt•krting Cooper~tivc ~ ~ itv oi• l)eii~~ Bearh • C ~~ntmu~iit~ Rede~relopment ~~~~en. ~ • ? %c~~tinto~~r, De~~elnptncnt Authority ~ Greater t)clt.t~ 13e,1ch C!t~unber o(ibnunercc ;~4-•1 ~i ~:r.:1~•enue. Deh-a~ Beach, l:l_ ;:qS; o 'I~cl: i(,l?~9 '?t+(~. ext th e Pay. >.bl??$.O„•~. ~~~~w.I)o~~~tto~~~lDelra~~T3eac h.ron~ 01/24/2010 29:46 FAY 581 278 0555 DELT2AY BEACH Doi' ~~ /~ C'~RT[FICATE OF LtABtLtT'Y t~V~URANC O 1 Y AND CONfERs NO R~ TS UPON R HOLDER. THt3 CERTIFICATE DOES NO T2se Plastsidge p,geacy, ~C• ALTER THE COVGT2AGE AFFORDED BY' 820 N.~. 6th Avenue DaJxay SeaCD HZ 33483 INgUR~RB pFpORDINO COVERAGE ghone:561-276-5221 F'aX:S61~2'76-5244 ln~ERA RLvazyvYtln+~~me~CO°P~' belray' Bgaah Downt.awnha~mbter o£ u~ER c• cppperative;DDA,G~r C~perce Ca.ty a£ Delray Beach lNStkz~ao_ 64 3.~. Seth AC>~aue Delray HeaC•h S'L 33883 ws'~tE: ~oa2 EXTEND OR NA1G >~ COVERAGES D µ•,r,~ r~ovE PCn TFtE Palcr c•cclw ~.•~.~. •--...._ i~~PDL1CItS OF It,19JRM):E LY~TED gi;i.0lYllAUE BEEN {SSUcZ TO Trl. 1N5JRE W1T}1 ~S°ECTYO vJ; S~'I~-!IS rFRTiPlCA1£ M1Y BE I Oh7~5 C~ SJQi AN! RED'~11RKN[,TERM OR rO1JUST10N D` Ahrf CON4Rn_T OR OYYEP DOG~r EXQU$ICAYS AID COIfJ(T1 MAY PFJYTAIN, Tt~ INStl7A1J: ~ AFFORf)EU PY 11-L POLIr..SFS ~SCKI~ I~ ~ IS 3.~JECr TO ALl TF~ TER1M • LDAfT9 pJLICI`_S. AGGRFGJ~'~ LIMxTS 6,NUY~N M'~Y H4vE 6EEN RED~EU BY PNU \Z.A6.t5. ~ - DA fnsnw ~ 10 0000 0 _.__-.~ POLICY NUMBPJt DATE INrsmD` ~.cri o:a>RR~~E GF]tEP/d- UABILDY A g X colxs~ctAL c~~ LIAEifLfTY WLiD1 B O Q 31 CWNt6 tMa- X~ DCC~Fc GENL AGGrt;~GgTE LIIAR APPLIES PER' K PoUCY _ ~c°'r LD^ AllTON~plLE LIn9h-ITY ANY PuTD ti L OYlIdED AlrfDS Sqi=DULL AUTOS HL~O AUTOS GAitAGE LlAD1IJTY ANY AUTO E',ITDesfi 1 UMHRg l s LWeILfT'r OC:CIAZ ~ CWh+~ MODE DE-{x1CTle~6 RETF]dT1ON S COMP SA EMPLD'wEa>Y LSA6AJTY Y ! N PRQ"'r~lE'fOR1P/V:-71~Wt'XFCUTiVE d~ ary I~rl N~) F~tUJ~7 I, describa undor ^tAl P;20VISIbNS DebH _ 01/23/1.2 ~~ises EauccuerA~1 f 300000 i0 01/23/ f P~s~nL 6 rov Rl.A.42Y S 1.0 0 0 0 0 0 c~.>~JU~LAGC,~EGaTE f 2000000 ~,,icT6 • CpM°!DP AGA f g o 0 0 0 0 0 CAV1~iNEU 6)NGLE LfµiT ~ f IE~ ncdderGl goolLY INJ.JRY S (Per PdsmV pODILY INJJRY {psr eccldsrrl 6 ~~~ ~ ; ncddept (P ,nuroDnLr • EAACCIOEIJI' f Ef.ACC s ALn AG6 ~ EACH Occr~~ ; AGGREGATE '--~~ ~ S f E1. EACH ACCIDENT T t•C. DI;~.A7~ - EA EIT,'LOYFF S LL DIS..nSE - POIJCY ULNT f Dc6CR1P'TiON OF OPSRl. ONS ! LOOAt1oNe ! VE}OCLEg ! EXCLU510N4 A>~ED ~' ~~vn'°"`°`~ ~ ". -__._ - - ~ia0a le Special Lvesits - 6 Art 6 Jaxx °a d9 Da Iat ~~Trca1gltTxae P9 prove fled Race, 1 F'i=st L~igtlt, 1 ECi I' Lighting. Noldes is pdditianal In9ur~ with regpeat to d©neral T,y,ability CANCELLATION GERTIFfCATE HOLDER SHOD ANY OF THE ABOVE DEBCRIaED PD'JCIEa GE CANCELLED pP~ORE THE £IGPUtATION DAY6 YJrZ'f[bN DAT'ETT1E~aF. THE?SSLT~o INSURERVJAl plDp/IyoxTO MA6 30 CYTYD-1 NDTTCE TO'M1iE CERfFICATE MOLDER NAMED To T+~ L~T~ HIJY FAdUI2E'm DO eo s~1A L tIM OSE NO OgL1pnT1oi9 OR uABL.rrY of ANY Xltd~ UPON THE CI6tIRER, ITS AGENTS oR REPRE9y}ltATfVF3, - City o£ Delray' Beach AurHDR~ REPRESQrrhn~ 1.00 L7. Pi. 1st Avenue ~ ese d. i olra Seaeh ~ 334:@4 ®1988-2009 A ACORD 25 (2008!01) Tha ACORD namo snd logo are rasistared mazks Df ACOR MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Acting Director of Planning and Zoning THROUGH: City Manager DATE: July l5, 2010 SUBJECT: AGENI)~ ITEM 8.,1._- REGULAR COMMISSION MEETING OF .iULY 20, 2010_ RF,VIEW OF APPEALABLE-LAND DEVELOPMENT. BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of July 6, 2010 through July 16, 2010. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of July 14, 2010 A. Approved (5 to 0, George Brewer and Chris Stray absent), a Class II site plan modification and landscape plan associated with the addition of a driving testing course at the Tax Collector/DMV Building at the South County Governmental Complex, located on the east side of South Congress Avenue, south of West Atlantic Avenue (451 and 511 South Congress Avenue). Concurrently, the Board approved a waiver to LDR Section 4.6.16(H)(3)(I) which requires a minimum 5 foot wide landscape strip between abutting parking tiers. B. Approved (5 to 0), a Class III site plan modification and elevation plan associated with the conversion of an existing 1,020 sq. ft. retail area into restaurant floor area for the Lemongrass Restaurant, located on the south side of East Atlantic Avenue between SE 4th Avenue and SE 5th Avenue (422 East Atlantic Avenue). C. Approved (5 to 0), a Class II site plan modification to accommodate the construction of a 540 sq. ft. building on the west side of the existing structure to be utilized as an enclosed paint booth for Europcar, located at the southwest corner of SE 4th Street and the FEC Railroad (100 SE 4th Street). Historic Preservation Board Meeting of July 7, 2010 1. Approved (4 to 0, Pam Reeder and Tom Stanley absent), a request for a Certificate of Appropriateness associated with exterior alterations on a contributing property, located at 133 NW 4th Avenue. 2. Approved (4 to 0), a request for a consideration of a Final Tax Exemption Application for 124 North Swinton Avenue. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map ° CITY COMMISSION MEETING - _ _ _ ~,n~,,.,,-5 _ . _ _ N JULY 20, 2010 I oNE n~i~E ~ ~~ PLANNING AND ZONING LOCATION MAP ~R~f~H,~ S~AtF DEPARTMENT MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: July 8, 2010 SUBJECT: AGEND:~ ITEM_8.K.1 - REGL?L;1R_ COMMISSION MEETING OF JULY 20, ?010 CONTRACT AWARD/GRUB~I2 HALL, INC./ST_ORM HARDENING OF THKEE ~ DOORS ITEM BEFORE CO__MMI_SSION Staff requests Commission approval of a contract with Gruber Hall Corp. in the amount of $40,103 for provision of all labor, equipment and materials for retrofitting/replacing three (3) existing doors at the Old School Square (OSS) Crest Theater and Gymnasium buildings for hurricane protection. BACKGROUND Following the City's receipt of a FEMA grant for replacement of windows in the historic buildings of the Old School Square Cultural Arts Center, detailed plans and specifications for the window replacement project were prepared with project scope and timing being coordinated with the OSS staff. Project coordination with OSS staff and Board representatives resulted in the identification of twelve (12) doors at the facility which were neither storm hardened nor included in the window replacement scope. A decision was made to handle the treatment of the doors separately from the window project so as not to impact the FEMA grant funding. The initial concept for protection of the doors was to employ standard storm paneling using permanently installed tracks and associated attachment anchors around the frames. The design for this work was presented to City staff for review and approval prior to requesting a cost proposal from the site contractor. Upon review of the storm panel proposal, a concern arose as to the impact of tracks and anchor attachments on the historic appearance of the doors at the entrances to the gymnasium and Crest Theater. A third door south of the Crest Theater entrance on the west side of the building was determined to require replacement due to its deteriorated condition. The project consultant was directed to research alternative methods for accomplishing the storm hardening without compromising the historical appearance of the facility. The resulting design proposes the complete replacement of the doors and transom at the Crest Theater entrance, replacement of the transom and installation of impact resistant glass in the doors at the gymnasium entrance, and complete replacement of the deteriorated door on the west side of the building. The project consultant solicited quotes for the work on the City's behalf resulting in responses as shown on the attached bid tabulation. The apparent low quote from Demarisco Custom Trim included disclaimers that could impact their price. When asked to remove any language that would potentially increase the post award cost, they withdrew their proposal. The current low quote is from Gruber Hall Corporation in the amount of $40,103. While costs for this scope are higher than anticipated by staff, there is ample funding in the window replacement project account to fund the work, and we will achieve the goal of completely protecting the historic buildings on the OSS site while maintaining the integrity of the historic appearance. quare ~ ~ a LL ~~p~$?~q~5~ ~' Q J 5 b6 °~ W p J ~ c" ~ ~ O W O= ~YgardS ~~ z ~m .--I ~ W a g }fe O f z w ~a_ry~35g K O ~ ~ l7 = ~ r tts": a ~ ~ u C 3 m ~s~=~ $~~a@ ~ z ~ J = ~ Q U ~ Q - ~.~e~ S Q ~ In Q az $e .,x~ e ~ L ~ d0 g ~ ~~ ~~r~g~~~o ~~ ~~ i0 J ~ ~`~ ~ ~3~~~s ~ ~ ~ ~ ~ t O in o ~ a ~o zoQ4ep~~e~~~ ~ $0 w ~ a° ~" g a 9 ~ ~ ~~~ ~ ~~ Y ~~ i ~ ~_ .; ~ Y~ ~.~ ~ ~ b r .~ a~..~ W~ea 3~a R ~ s~~ U~~~u 8 ~ <C2; O U Z >F W J W a (xXQ S LJ ~ $ ? 5 k ~ 3 ,y ~_ a s7p &~ 66 ~ '~~ ~~ ~E Y~ kk ja 3 y~ i E F o 3~ ~ ~ a Y4 S ~ ?~~ ~a ge 3 ~ ~p3 ~¢ s j j ,` ~ f di; ~ 5 E ~f ~p ~I ea 3Y c 5 ! 2~ Y~ ~ k 34 ~ ~gss k4_ ~^~ y i ~fR4n ~ gg~.~ F f ~ yyE ~S6 5e a5 gp:'iY~ ;; .5 ~,~ Ada-_ sxR ,? ~,~~ :gt ~~ :ev 80 0._ ~> ~'i~ ' ~ gS. `dps fi o ~ 't~•d', ?Y53 s s~-~ sdr~4 L Eb g P_^~,@ :~~ ~ 68 ~~ d ~ cd 8' Z ;s AA~:k, S,l ~~a q~f sS k~' ~u WUFE~~S~~- 8 E1~`pR ~Y'j 9. ~ N WaE~~§11 vS"u R: ~d . ~ ~e -°-- -^- Ee <i .s o p. e ~ .a E ~z p e r ~ p.l tt ~ S o ~ ;t ~ :i U + _ '~ z° b;:s x „p x g~a o ~~~ s ~~~~ Z 0 F U w cn ~ ~ O _q 8~~ ~ S L'88 q ~ a4 W ~~ . Z I F w ~o ~~ ~' m : e ~ s # ~ ~ Y~ F. B 2 gg Yeti d,~~~ `' ~ ~ Ij 9 y}~t d ~ f~ P ~ ~~ ~tt} t B 5~. B p ~ ~ 4 J ~QY L] Y ~: £~ ~°=-ate.-1 t~j.; ~_, ~~~ ;i ~ 4 ' 3 f ~~ ~ . ~,ry. y gg a I o = ~'~'.t iE E a N ~~ay i; iiit.ES 2~ji ~ { 8 R' t:a ~"11 ~ra ~F ~ '..g .~ ~~Bis~ ~~ oa "s ~ r ~` ~'. Y € 3 kY8F~ .a ~F6 0" tl~~9~ D!F C' g g .~ y. yyy ~ eF~yd 3~ ~HL 99 ~~~,~ ~PJS ~~~~~~~ yy o~ ~~ ~~Wia ~e ~~ 9 s~ 4 x3~ ~ ~ 5~~ ,6 6pk~~~9 k~ ~~~ ~~ ~fix~~~3 ~~b ~~6~~`~i ~$ :~~ ~~ ~~~w`s~~ :a 9aF ~Ya~~4y~a 9S s ~ a s gi~9 dF 3 ~ ~~ ~ e~ ~ r p'pe~mg3 ~~~5'a a~ b~ ~~ ~k ~~3',a~~~ed~w §°~:, ~~ ugfl e¢ ~~~~,°~~~as~ws°o3~~s :~ .!E .. ~ u~ R ~~ ~y ~~ ~~ 0 L CC c a~ E a~ u co a as L 0 L 0 s t.1 "~ U C 41 O O ~ C O 3 ~ ~ Ol ~ N ~ O h 0 ~ ' _. O O . U ~ Nl ~ C ~ O V Q S O ~ U M - O io z ~ o a~ ~ L ~ ~ o ~ ~ N 3 O ~ U O ~ m ~ ~ ~ .L ~a N J ~ ~ _ O ~ L O L ~ L 0 ~ v c a ~ u v t ~ ~ ~ ` t o - Y ~ t{-- v V ~ ~ C ~p 4J ~ C ~ ~ o ~ N a-~ U O ~- ~ Q OTC v1 Q (U N O Q. 0 n c 3 ~3 m s E ~L Q H V O u N .` f6 N a~ 05/21/2010 12:00 5613690144 DEMARSICO CUSTOM TRM PAGE 04 DEMARSICO CUSTOM TaIM 2112 CORPORATE pRI'VE BOYNTON BEACH FL 33426 Estimate DATE ESTIMATE #I 5 21 2010 521101 BUILDER NAME /ADDRESS ]OB LOCATION CURRjE SOWARD5 AGUIIA ARCHITECt'S OLD SCFt00L SQUARE 134 NE 15T AVENUE Sl N SWINTON AVENUE DELFtAY BEACH, FL 33x44 pELRAY BEACH, p.ARIDA DRAM LABOR & MA,'TL/RYAI,~ PROPOS,A-L LABOR !9t MATERIAL TO REMOVE (2) 5ET9 OF L10UBLE DOORS & TRANSOMS. THEN RE-INSTALL NEW DOORS, HARDWARE !~ TW-NSOMS. ONE 5ET OF THESE ODORS WILL HAVE 7J1M9 EXTENSIONS. eXlSTINO CASING WILL BE REUSED. (i) SET OF DOUBLE DOORS WILL HAKE EXISTING GLASS IN THE CENTER OL' THE DOOR REMOVED ANb INSTALL IMPACT GLASS (OI). INSTALL NEW HARDWARE. pEMARSICO CUSTOM TRIM I5 NOT RE5pdNSIBLE fOR PULLING THE PERMITS FOR THIS PR07BCT. HAROWARE~WILL BE SUPPLIED BY ATLANTIC DOOliS A HARDWARE. ALL WORK L BE A5 PkR KLUEPRINT. TRAN50M5 WILL BE REM01/ED ~ REINSTALLED. NSOMS WILT. B! SUPPLIED BY Ap,SO ENTERPRISES (SOL-A-TROL). THE FOLLOWING DOERS AND MULLS: Tz AND T3 WILL BE "CGI" DOORS AND WILL BE SUPPLIED BY OCEAN VIEW WINDOWS ec DOORS' TOTAL. JOB C05f t.A80R & MATERIAL ,in9d p~vas~t bMbrN p/ecan~+nt od nwte~{d oro~a end SOA6 bslencv rkrr upon nsGObot of metar;a! To be pv~d M ttAl for a1 -rotlc completed at the Ume o/ biNtnp. A-1 #z~,snz.4~ INITIALS 05/21/2010 12:80 56136901Q4 UEMARSICO CUSTOM TRM PAGE t33 DEMARS~CO CUSTOM TRIM 202 CORPORATE DRIVE BOYNTON BEACH, FLQRIDA 3342b TIME AND MATERIALS CONTRACT rnts contract Is effective as of ~,_by and between DIDCT, Inc. dlb/a, Demarsko Custom Trim (Subcontractor} and CURWE SOWARDS AGUIIA ARCHITECTS (Genera{ contractor/ Owner), for the protect specified below, fa the specilled slope of work. pR07ECT ago scHOO~ sQuARE 51 N SWINTON AVENUE petRAY BPACH, FLOfZYnA SUBCONRitACT SCOPE OF WORKJNOTES: THIS IS A "TIME AND MATERIALS" eONTRACT. OIDCf, Inc. d/b/a/ pernarstco Custom Trim has been contracted by fr~A (general contractor/owner) to furnish Carpenters at an hourly rate of ~SO.W per hour for work spedfled Or1 a daily basis try the general contractor, home owner or {Ob wpervisor. 1 have read and understand the stipulatrons of this ovrltract StarthxJ ~- this scope of work will be considere4 acceptance of all terms of this contract. • UIDCT', Inc. d/b/a DCmarsico Custom Trim Title: PRESIDENT Date Contrrxtor/owner ray T1He Date GURRIE SOWARD AGUItA ARCHITECT page z 05/21/2810 12:00 5613690144 DEk1AR5IC0 Ci.ISTQM TRM PAGE 02 DEMAR9IC0 CUSTOM TRIM 2102 CORPORATE DRYVE eOYNTON BEACN FL 3346 DISCLOSURE AND SIGNATURE PAGE We hereby propose tv tvrnlsh labor in accordance with tfie totbwing spedHcatlons and/or the total amount listed unless contract changes by way of a change order or any revision of the existing contract. In the event of an alleged dispute, the prevailing party k e»titfed to recover aN costs and epcpen90, including reasonable attorney's fees Incurred in oont-ectbn whh any (ega{ or adm{nlsDiative proceeding., through appeal, In add~lon to any other available remedies. Notti: This proposal expires within 60 days. pemarsko Custom Trim Will not be responslWe for any damage caused by any concealed Condttions, Including damage caused by Hafts punrxuring any hidden pipes or ob}ects, and eny such daims are hereby expressly valved. Mstwrials: Demarsko Custom Trim wiN not be he-d accountable for the seoraga and/or theh ol` any material pertaWng to this scope of work. t)nce the material is on site, said rnaberiel becomes the sole responslbN'Ay of the owner and/or builder of saki job. In the event any material Is damaged or stolen, owner and/or builder wiA be responsible for Ute replacement of the damaged or stolen material. AcceptHnw of propaasli The written or verbal aaeptance of this estimate with the prices, specificatbns and conditions stated, herein by the WntraCDOr or homeowner, hereby oonstituDes a legal and binding Contract. NI flekl change orders signed by contractor, homeowner or authorised agent of the contractor are tv be considered legal and bindir-g aril should be considered as en addendum and/or chango order Do this original cantrad.'The issuln9 of any deposfts a the start of o )Ob prior to rete(ving any signed documents, wUl const{alte an agreement to all the tarrns and oonditbns set forth in th{s contract. We have read this contract and accepted the Demo and conditions of this contract on ap pages. CONTRACT NUMBER: 521101 CONTRACT DATeo: 5/Zi/2010 PLANS DATep: 5/S/2010 A~i Contracool' 5lgnature ~~ Darryl bemar~sico / Damsrsotoo Customs Trim Dsta page 1 GRUBER H,~~.~. ~o ~~, CONSTRUC710N CON5ULTAN'i'S CONST1tUCT10N MANAGERS GENERAL CONTRACTORS 6.23-10 Rc: Old School'Scluare Aootr Replace~onent Project Mr. Jose Aquila A,.I.A,, Currie, Sowards and .A,gutia Arctutects 134 IV,E, i'r Ave. , Uclray Brach, Ft. 33444 l:tear IvG~. A,guila, Poe out toleplloae eotavcrsataon ygstesday, we arc confirming our ~mailal quote to you on 5~Z I • l0. The bid of $ 40,103,00 is based on the Plans and specifications by Gwncic, Sowards and ~1.guila At+chitect, dated 05.05. 10,, consisting of sheet A-! . Gruber Hail Cory~oration bas included the labor, materials and building pazmit carts in. our Eric: to egabte us to complete the project as designed. We will instal! the doors, hanlware a~:-d tr~-nsoma ag speeifiied with no roqucsts for alternates. Please be advised that we did not include any monies in our bid f'or asbestos oY lead 1-a.sed pu.i.x~ testing or ~c~emediation. Ti~ank you i'dr this oppoxtunity and we are looking forward to working with y~;u Sincez~eiy, ..- :~--~+ 1860 OLp OKEECHOi3EE RdAD • SUI1E 204 • OAKRIt}G£ BUSIN1rSS PART{ • Wlr.S7 PALM BtiA('H, Fl, ~ 3~ ~ PHON(: 561.697-3401 •FAX561-697-2301 Page 1 of 1 Jose Aquila From: Dave Gruber of Gruber Hatl Corporation (gruberhall~aim.com) Sent: Friday, May 21, 2010 9:58 AM To: jose~csa-archltects.com Subject; Old School Square doors etc. Jose, We are pleased to prov[de you with a bid to remove the existing doors and transoms and install new along with the hardware and the other work shown on your drawing dated 05-05-2010. The price for this work is $ 40,103.00 and Includes all labor and materials needed to complete the work per your design. Please be advised we did not Include any monies for lead or asbestos testing or remedlatlon. Thank you for the opportunity to work with you. Dave Gruber P. for Dave Gruber 1880 Old Okeechobee Road, Suite # 204 West Palm Beach, Florida 33409 Telephone - 561-897-3401 Fax - 561-897-2301 gruberhall cLDaol.com 5/21/2010 l.Icensed/ Insuredl Bonded C.O.C. 010703 FL Ws Mreby submit the fo11ow1ng propaal for the Old School 8quan -Door Replacement Protect Provldo all labor, equipment, materlds and auparvtalon- for tM replacornent of door openings O-7,T-Z, and T~ ae psr plan sheet A•1 dated May 6th,40f0 by CSA Archltecb. Replacement of Door Openings O-1, T-2, and T-3 Includ(ng transoms,doors,muntins, and hardware S 44,813.00 Transoms 6 Muntlna by 8olatrol r Mo 13nbrpritaa Naw Doubts Doors by Oceanvkw NNndovvs Olst-tbubr for COI Windows Q, Doore HaMware and Uts Kka by Att~ntlo Doors 6 Hardware ~ `;, U ,~°^,: Exclulalons f) A/E Dealpn 2) Any hidden condillona, alructurel damsge, roHen wood, damaged concrete,etc. 3) Hazardous materiel removal NOTE -Marks T-2 d T•3 are custom confipuraHon as specified by C8A ArrhNeds and wlN be provMed vrithout `~ ~^ ~~~~ ;a„ mRllte~point locks and es such , wig not hove any valid Miami Dade or ABC product approval.FIACC "~_°'?° vrill not be reapansible for con0ids related to not providing produdrmatartats that do not have product approval. Total i 44,813.00 WE PROP E hereby to urnish male et end Isbor • complete n acoor once with abo ve apecHk:a one, of the bum o Fo Four Thousand EI ht Hundred Thirteen dollars i44 813.60 aymen o ma as o ' Percents a Com late Net 30 Da s ma a s guaran o as ape wo o comp n e cu spslial workmanlike manner aooording to spaciikafbns submitted per standard Aullwrized ` '' pndicea. Any aNeratbn or devlallon Irom above spedficalbns tnvoMing extra Signature !/ owls wUl be executed ony upon wdtten oMen, and wUl becomo en oxtre charge over and above the oslimale. An agreements contingenl upon stdkea, aoddenta or delays beyond our control. Owner to carry fire, lomedo and other necessary tJolo; Thh propose sy t» insurance. wilhdtewn by us I of accepted :SU deya e a a p- a, sp o Dore r ores aro eatistedory and are horeby accepted. You ere authortzod to do the worfc Siynaturo es apeclned. Payment NAM be made as outlined sbove. Date or Acceptance Blgnatura .. . DGNE BY DUNNE INC. SEro.tt+~. to ~+~ License Insurance CCM tl6-P-12310-X 77AC823 - 9763001 CONTRACTOR G~urio Sowards Aguile Archeitocts 134 NE 1st Avenue Delray Beach, FL 33444 Oate Bid Number snonolo 11092 Project Oid School Square Door Replaccmrnt Proles I SCOPE OF WORK I Total j This bid is for the Door Replacetnont Proloct at 01d School Squam. (3I 1. Remove and Disposc existing vision panda in existing wood door. 2, Prepare opening for new impact rated vision light kit with surface applied tmtntins. 3. Preparo door to install now hardwano. 4. Remove door header and transom. 5. Prepare and Install new headu and new glass transom. 6. Prepare and Paint to achieve original historic appearattoe. T2 1. Removo end Dispose existing door, frame end glass transom. 2. Prepare and Install new door, transom end hardware. 3. Prepare and Paint to achieve original histerio appearenoo, 1. Remove end Dispose exkting door end framo. 2, Prepare rand Install new door and hardware, 3. Prepare end Paint to achieve original Matorio appearettce. Noto: Work areas to be ckenup and all oponinga to bo socurod et the end of every work day. Total All above work and matvlal to be guarnteed to be to speciticatbna for proloct end compktod in a tiototy and workaurtlike manner. Any altcrationa or deviation Boat t;peclfication involving extra coats will be executed only upon written ordu and will become an extra chargo ovu and above this estimate Any delays causod by fares out of our control such as acts of (3od, materiel shortages, or delays in decision otsking by ownership will extend contract pulod, Signature Tots I 49,820.00 549,$20.00 5487 NW 21 CT MARGATE, PL 33063 (I'lttl) 954-495-0192 (P#) 954-971-5973 c-mail doucbydunnc a bclisouih.nct MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief THROUGH: David Harden, City Manager DATE: July 8, 2010 SUBJECT: AGENDA ITEM 8.K.2 -_REGULAR COMMISSION MEETING OF JULY 20, 2010 PURCHASE AWARD/1~7UNICIPAL EQUIPMENT COMPANY, LLC ITEM BEFORE COMMISSION Purchase twenty six (26) sets of replacement Firefighter Personnel Protective Equipment (bunker gear) at a cost $2,168.40 per set for a total cost of $56,378.40 from Municipal Equipment Company, LLC with pricing per Lake County, Florida Contract No. CT070811C5, extended through March 31, 2011. BACKGROUND Currently the Fire-Rescue Department has twenty six (26) firefighters using Firefighting Personnel Protective Equipment (bunker gear) that has reached the maximum recommended service life by NFPA of 10 years. The Janesville coats and pants have abuilt-in protective system, fusion outer shell of Kevlar/Nomex, AraFlo thermal liner with Crosstech moisture barrier and are resistant to blood-borne pathogens and common chemicals. The suit is designed to shed water and other liquids and will dry quickly. It is designed to minimize firefighter fatigue and heat stress, the leading cause of firefighter deaths and is less restrictive than other comparably priced gear. Municipal Equipment Company, LLC is the sole authorized distributor located within the State of Florida for Lion Apparel to provide Janesville turnout gear. FUNDING SOURCE 001-2315-526-52.22 RECOMMENDATION Staff recommends approval of purchase award to Municipal Equipment Company, LLC in the amount of $56,378.40 for twenty-six (26) sets of Firefighting Personnel Protective Equipment (bunker gear) with pricing per Lake County, Florida Contract No. CT070811C5. MRR-5-2010 03:50 FRCIM:MANNY DIAZ 8134342239 March 4, 201.0 Chief Edward Cretin Delray Beach Fire-Rescue Departrnenlr 501 W. Atlantic Avenue Delray Beach, FL 33444 Dear Chief Cretin: T0:434?239 P.1 Li~- ,~,PPAREL tray+cttr~. t4Yst~mr Graa! b 4 5 (~ POE AVE SUITE 300 Fu~suant to your request; we presently have one authorized Licn - distributor located within the State of Florida ablc to provide Ta>,csville turnout bear that also provides full cleaning and repair services on them p A Y T b N premises: p H I O 454ib.2655 Municipal ,Equipmcnt Company, PLC 2049 West. Central Boulevard Orlando, 1;L 32805 Telephone: 800-Z28-8448 Your primary contact would 17e: J©hn Hagan Sales M.anagcr Municipal Fsluip.ment Company (S61}723-0108 Jho~3 I8b33~a,aol.com 8 D D. d 21.29 ~ 6 GUSTQM~R Please free to contact me directly with any questions at $13-334-559. s ~ R V I C ~ Sincerely, TOE eoa.o4s.4614 1 TEL 437 89P.i9.ID r-~x ~a~.~is.i~~s Manny Diaz T~cgional Salcs Mnnagcr PROT~CTIYB SYSTEMS G R d U P QUOTE .. 047656 07/02/10 1 EXTENSION 2$lYJULV lltCA V tCCJI. V C IJD V tl.D FBP651 ]0"X10"X2"PULL BELLOWS POCKETS WITH KEVLAR TWILL 1242.15 CONTINUED ,_1 MUNICIPAL EQUIPMENT COMPANY, LLC QUOTE 2049 West Centra{ Boulevard, Orlando, FL 32805 ..~ ® ' ~ 2448 800-228-8448 Fax: 877-775- co,~~l>.ANY•1.I:c>:' com ~ MunicipalEquip@MecoFire.com MecoFire www Number 047656 . . kni~A (5:,;.yinvl F,SgF~;Frsrr Date 07/02/10 Page 2 Ship To: DELRAY BEACH FIRE DEPT 8i1! To: CITY OF DELRAY $EACH 4170 . ACCOUNTS PAYABLE t 501 W. ATLANTIC AVE 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 DELRAY BEACIi, FL 33444 REFERENCE # EXPIRES SLSP TERMS WH FRElGNT SHIP V!A 09/02/10 90 NET l0 DAYS Oi PREPAID UPS QUOTED BY: DW QUOTED 70: ROXANNE TCLGHMAN JTEM DESCRIPTION ORDERED UM PRICE UM ~ EXTENSION FULLY LINED ALL 4 SIDES, ONE PIECE 1"X10" LOOP ON THE POCKET AND THREE PIECES 1 "X3" HOOK ON THE FLAP MT548 1 "X3" SELF FABRIC MiC TAB WITH POLY-COATED ARAMID INSIDE, LEFT CHEST CT504-PTY 3" VENTILATED LIME YELLOW SCOTCIiLITE TRIPLE TRIM IN A VIZ-A-V TRIM PATTERN HL02 STANDARD 5/8" X 5-1/2" ' SELF FABRIC HANGERLOOP LTSL3YNS 3" LIME YELLOW SCOTCHLITE LETTERS SEWN ON THE YOKE "DELRAY" FLS554 FLASHLIGHT STRAP, 1.25"X8.5" WITH 1"X2" VELCRO CLOSURE, #703 HOOK WITH SELF FABRIC HOLDER BARTACKED 5" ABOVE THE STRAP, X-STITCHED TO THE SHELL, RIGHT CHEST LP34 5"X l8" ONE LINE HANGING LETTER FOR PLACEMENT ON THE HEM LPS6 TWO SNAP ATTACHMENT FOR LP34 LPV13 VELCRO ATTACHMENT FOR LP34 LTSL3YNS 3" LIME YELLOW SCOTCHLITE LETTERS SEWN ON THE LP34 FOR THE PERSON'S LAST NAME PVFM JANESVILLE ISODRI V-FORCE PANT 1 EA 874.400 EA 874.90 WITH BELT CONTINTJED QUOTE . - .. 'umber 047656 gate 07/02/10 'age 3 UM EXTENSION LLU YY L A R lvVLV-LVVV +-++irat'~a,i~. SNAPS PTC4-PTY 3" VENTILATED LIME CONTINUED ~~:n~ MUMCIPAL EQUIPMENT COMPANY, LLC QUOTE 2049 West Central Boulevard, Orlando, FL 32805 - • • ® ~ 2448 800-228-8448 Fax:877-775- coi,~rgraY•LLC= ` com -- MunicipalEquip@MecoFire.com MecoFire www Number 047656 . . Stnica Re,l:~ic~vl F.\~rrl,;.lc[rs Date 07/02/10 Page 4 Ship To: DELRAY BEACIi FIRE DEPT Bill To: CITY OF DELRAY BEACH 1 4170 ACCOUNTS PAYABLE 501 W. ATLANTIC AVE 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 DELRAY BEACH, FL 33444 REFERENCE # EXPIRES SLSP TERMS WH FREIGHT SHIP V!A 09/02/10 90 NET ]0 DAYS Ol PREPAID UPS QUOTED 8Y: DW QUOTED TO: ROXANNE TILGHMAN ITEM pESCRlPTfON ORDERED UM PRICE UM EXTENSION YELLOW SCOTCHLITE TRIPLE TRIM AROUND THE CUFFS PM0542 BOOT CUT PANT LEGS RP848 KLEIN TOOL POCKET LOCATED ON THE SIDE OF THE RIGHT LEG 1" ABOVE THE CUFF AND THE TOP OF THE POCKET TILTED 2" FROM CENTER TOWARD THE BACK OF THE PANT SR842M JANESVILLE 40" V-BACK QUICK 1 EA 51.350 EA 51.35 ADJUST SUSPENDER WITH METAL LOOPS IN THE FRONT AND BACK, RED WITH BLACK PADDING PRICES QUOTED INCLUDE FREIGHT MERCHANDISE MISC TAX FREIGHT TOTAL 2168.x0 .00 .oo .00 2168.40 THIS QUOTE [S VALID FOR DAYS MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: July 14, 2010 SUBJECT: AGENDA ITEM 8,K,3 -_REGULAR COMMISSION MEETING OF,IULY 20, 2010 AWARD TO PANTROPIC POWER, INC., PURCHASE OF 600KW EMERGENCY STANDBY GENERATOR FOR THE WTP SOUTH PUMP STATION ITEM BEFORE COMMISSION An award to Pantropic Power, Inc. in the amount of $108,470 for the purchase of a 600 kW emergency standby generator for the Water Treatment Plant's South Pump Station. BACKGROUND On Tuesday, June 15, 2010, our 600 kW generator at the South Pump Station abruptly shut down due to an internal engine problem. The magnitude of damage cannot be determined without disassembling the unit; therefore, repair estimates are inconclusive. Only one company is willing to consider performing repairs, Pantropic Power, Inc., the official representative for the Caterpillar manufacturer for this region. However, they strongly recommended replacing the entire unit. Pantropic Power quoted a cost to rebuild the existing unit starting at $50,756.44, assuming the engine block is still in acceptable condition. Past history has shown that there are a limited number of vendors able to supply generators of this size; in November 2006, we received only one bid, from Americas Generators, on a competitive public bid for purchase of seven large generators. In the interest of saving time and considering the circumstances as an emergency situation, staff solicited quotes from two vendors having prior history with the City; Pantropic Power, Inc. and Americas Generators. Quotes were obtained for a new 600kW diesel generator; Pantropic Power, Inc. (Caterpillar diesel) in the amount of $150,000 (20-22 weeks delivery time) and one from Americas Generators (Volvo diesel) in the amount of $123,178.98 (6-8 weeks delivery time); base unit, not including freight. Both companies offer a two year limited product warranty. As another option, Pantropic Power found a used unit available at a base cost of $96,000. The unit only has 500 hours on it. As a used unit, it is missing the required breaker. The 1,000amp breaker is an additional $3,680, a five year-zero deductible warranty is an additional $6,790, and freight is estimated at $2,000. Total purchase would be $108,470, with the unit available for immediate delivery. As a note, the 1,000kW standby generator serving the main WTP is also a Caterpillar unit. Caterpillar is an American company, Volvo is not. When needed, parts are readily available since they do not have to be shipped from overseas. Staff has previously experienced delays with parts availability on existing generators having foreign manufactured diesel engines and power units. Therefore, staff recommends the award to Pantropic Power, Inc. in the total amount of $108,470. FUNDIN ~Q~JR~E Funding is proposed from account 442-5178-536-64.90, Water and Sewer Renewal and Replacement Fund/ Other Machinery and Equipment in the total amount of $108,470, after budget transfers. RECOMMENDATION Staff recommends award to Pantropic Power, Inc. in the amount of $108,470 for the emergency purchase of a 600 kW diesel standby generator for the Water Treatment Plant's South Pump Station. PANTRQPIC POWfR Pantrnpic Power, lnc. ONE SOL1RCf -ONE fJ1LL - ONE SOLUTION'" Eddie Riveron E-mail: exriveroCc~aantroaic.com .a:.~a pa!araprcrarr' Tel: (305) 477-3329, ext. 3159 FaX: (305) 639-0059 Cell:( 954)214.1277 June 30, 2010 City Of Delray Beach 434 S. Swinton Ave Delray Beach, F1.333444 Attention: Harold Williams williamsh@ci.delray-beach.fl.us Contact Tel: 561.243.7306 Fax 561.243.7344 Reference: In frame Overhaul- Cat-3412 Dear: Harold The following is formal estimates to perform service repairs on you're Cat-3412w/SN# 38506_534. We will connect the engine, install all reman parts, cylinder head, install cylinder liners, install new liners, piston rings& connecting rod bearings, oil pump, turbo gasket kit, kit gasket central & lower, water pump, intercooler gasket kit, plate spacer, plate thrust, injectors, bearing cam shaft, regulator belts, cylinder gasket kit, oil, coolant, load test, paint engine .Our technician, based on his recent inspection of your generator, has made this recommendation. Description of Service Perform an In frame overhaul on engine all parts listed above. Connect the engine Inspect crankshaft Clean & Inspect Oil Cooler Clean & inspect after cooler Parts & Labor 1 tech /1 helper-150hrs Extended price $ 59,877.66 Total Cores $ 9,121.22 Total- $ 50,756.44 Warranty-1 year on parts & 6 month on labor To schedule appointment, please contact Eddie Riveron at (305) 477-3329, ext. 3159 or cell 954-214-1277 lf~you have any further questions concerning the above, please contact me at your earliest convenience at the number provided above. Sincerely, Eddie `JZux' exari Eduardo Riveron Customer Service and Rental Representative Miami Fort Lauderdale West Palm Beach Stuart Fort Myers B205 NW 56 Street 2501 State Road 84 5460 Okeechobee Boulevard 272 N. Flagler Avenue 2471 Rockfill Road Miami, FL 33166 Ft. Lauderdale, FL 33312 West Palm Beach, FL 33417 Stuart, FL 34994 Fort Myers, FL 33916 305.592 4944 tel 954.797.7972 tel 561.640.0816 tel 77T.fi92.3442 tel 239.337.4222 tel 305.477.1943 fax 954]91 J719 fax 561.640.7894 faz 772.692.9757 fax 239.337.4211 fax Miami Fort Lauderdale West Palm Beach Stuart Fort Myers 6205 NW 58 Street 2501 State Road 84 5460 Okeechobee Boulevard 272 N. Flagler Avenue 2471 Rockfill Road Miami, FL 33166 Ft Lauderdale, FL 33312 West Palm Beach, FL 33411 Stuart, FL 34994 Fort Myers, FL 33916 305.592 4944 tel 954.797.7972 tel 561.640.061 B tel 772.692.3442 tel 239.337.4222 tel 305 477.1943 faz 954.791.7719 fax 561.640.7894 fax 772.692.9757 fax 239.337.4211 faz Americas Generators,lnc. 8511 N.W. 61st Street Miami, FL 33166 305/592-6800 Fax: 305/592-5900 Cust. # 10794 Salesperson: Erica Tarafa snip To: City of Delray Beach 434 S Swinton Ave Delray Beach, FL 33444 em to: City of Delray Beach 434 S Swinton Ave Delray Beach, FL 33444 QUOTE UPC V ACK DATE ORDER NO. 000000 07/14/10 10056658-00 P.O. NO. PAGE # 1 corresponaenoe 70: Americas Generators 8511 N W 61 st St Miami, FL 33166 INSTRUCTIONS Ex Works Miami SHIP POINT VIA S HIPPED TERMS Americas Generators Net 30 PRODUCT UPC QUANTITY OTY. UNIT PRICE DISCOUNT AMOUNT LN AND DESCRIPTION ITEM # ORDERED UM PRICE UM MULTIPLIER (NET) 554057 00000 1 each 122000.00 each 0.00 122000.00 600 kW Volvo Diesel Sound Attenuated 220015 00000 1 each 499.00 each 0.00 499.00 277/480 V 3 Phase 60Hz High Wye Signature: 111115 00000 1 each Battery for 501 kW and Up Gensets 8D 110043 00000 1 each 3 Amp Battery Charger 24 Volt SS3524 220001 00000 1 2hr Labor for Installation of Battery Chargers 990001 00000 1 each 2 Year Limited Extended Product Warranty 6 Lines Total Qty Shipped Total 6 Total 123178.98 Freight Out 465.00 Invoice Total 123643.98 ALL SALES ARE SUBJECT TO AMERICAS GENERATORS "TERMS AND CONDITIONS OF SALE". ANY PURCHASE INDICATES EXPRESS AGREEMENT WITH OUT "TERMS AND CONDITIONS OF SALE". NO RETURNS OR REFUNDS. 25% RESTOCKING FEE APPLIES TO ALL ORDERS CANCELLED PRIOR TO SHIPPING. All orders require payment upon customer acceptance of quote. It is the customer responsibility to communicate the required delivery date. If no delivery date is indicated a default of 30 days from order placement will be used as the expected delivery date. All equipment must be paid in full three working days prior to required delivery date. In the event a customer is not prepared to receive their equipment on that date the following applies: The equipment will be transferred to our storage facility and will remain in storage until customer is ready for delivery. The following charges apply to these additional services: 1 % of the price of generator(s) for loading, securing, unloading, and insuring the equipment. $3.00 daily storage per generator. 319.99 each 0.00 319.99 209.99 each 0.00 209.99 150.00 2hr 0.00 150.00 0.00 each 0.00 0.00 Last Page Pl7NTROP/C -OWEA Pantropic Pawer, lnc. ONE SOURCE - ONE CAtt - ONE SOLUT70N`" s~rveti.pat;trnp~. com Eddie Riveron 8205 N.W. 58 St. Miami, Fl. 33166 P: 305.477 3329/ F: 305.639-0059 July 12, 2010 Quote-ER-1 Ref: CAT Power Generator C-18 City Of Delray Beach 434 S. Swinton Ave Delray Beach, F1.333444 Attention: Harold Williams williamsh@ci.delray-beach.fl. us Contact Tel: 561.243.7306 Fax 56l .243.7344 Below please find the proposal for the generator set requested. Please note that this is base on a new C-18genertaor from factory. Lead time is about 22 weeks S ec Com liance: Date: Drawin Com liance: Date: No Specs (:anaral Q!`nnP of Cnnnly - - Qt I/L Descri tion Cost O1 L One (1) New Caterpillar Model C-18 Diesel Engine Generators set, rated @ 600 kW/750kva $150,000.00 Standby, 480V VAC, 3 Phase, 60Hz, 1800RPM. Diesel Engine Generator Set with the following accessories: • EMCP 3 Control Panel. • Weather Proof Enclosure • 660 Gallon Base Fuel Tank • Local Annunciator. • Non UL 2200 Listed package. • LO BSFC emission strategy. • Jacket Water Heater with pump. • Air cleaner regular duty. • Analog Voltage regulator • Space Neater. • 1200AMP 3 Pole Circuit Breaker • Battery Charger 10 AMP • Primary fuel filter with water separator.. Two (2) Year Caterpillar Factory Warranty Included. Miami Fort Lauderdale Wesl Palm Beach Stuart Fort Myers 8205 NW 58 Street 2501 State Road 84 5460 Okeechobee Boulevard 272 N. Flagler Avenue 2411 Aockfill Road Miami, FL 33166 Ft. Lauderdale, fL 33312 West Palm Beach, FL 33417 Stuart, FL 34994 Fort Myers, FL 33916 305.592.4944 tel 954.791.7912 tel 561.640.0818 tel 772.692-3442 tel 239.331.4222 tel 305 477.1943 fax 954.791.7719 faz 561.640.7894 fax 772.fi92.9757 faz 239.337.4211 faz P/~XTRrO/x/G' r PQWEA' Pantropic Power, lac. ONE SOURCE-ONE CALL -ONE 501U110N'" :w.v~.D:nn'rtlptc. ctNti TOTAL FOB Miami Lead time from the time of placing order 22weeks FOB:Miami Florida sales tax is not included in this quotation. $ 150, 000.00 Important: Quote does not include the following (unless otherwise specifically noted above in the General Scope of Supply): • Fuel, Fuel Piping, Fuel Venting • Cables, Wires and Conduits • Foundation Concrete Pad • Fuel Equipment Installation • All Equipment Installation • Equipment Unloading • Exhaust Equipment Installation • Engineering & Design • Equipment Storing • Exhaust Pipe & Insulation • Engineering Drawings • Equipment Rental • Electrical Equip. Installation • Installation Permitting & Fees • Equipment Anchoring PANTROPIC POWER, INC. Page 2/2 Miami Fort Lauderdale West Palm Beach Stuart FoA Myers 8205 NW 58 Street 2501 State Road 84 54fi0 Okeechobee Boulevard 272 N. Flagler Avenue 2471 Rockfill Road Miami, FL 33166 Ft. Lauderdale, FL 33312 West Palm Beach, FL 33417 Stuart, FL 34994 Fon Myers, FL 33916 305-592 4944 tel 954.797.7972 tel 561.640.0818 tel 772.692.3442 tel 239.337 4222 tel 305 477.1943 tax 954.791.7719 fax 561.640.7894 fax 772.692.9757 fax 239.337 4211 fax P/1NTflOPlC POWER Pantrnpic Power, Inc. ONE SUUFCE - QNf CALL - ONE SOLUTION'" ur~nv.pantroptc.com Eddie Riveron E-mail: exrivero(cDpantropic.com Tel: (305) 477-3329, ext. 3159 Fax: (305)639-0059 Cell :( 954)214.1277 July 8, 20 ] 0 City Of Delray Beach 434 S. Swinton Ave Delray Beach, F1.333444 Attention: Harold Williams williamsh@ci.delray-beach.fl.us Contact Tel: 561.243.7306 Fax 561.243.7344 Reference: Used Cat-3412 Dear: Harold The following is formal estimates to purchase a used Cat-3412w/SN# 9EP03393. The unit will come with a 5 year /2500hrs with 0 deductible and the unit will be converted from 208 to 480 volts. We will install a 1000 amp breaker to the generator. F~'~ITI~t?P/C r Pt?i~lfl~ 2004 CATERPILLAR 3412 (Used) $ 96,000 USD ELECTRIC P011~'ER Miami, Florida, United States Miami FoA Lauderdale West Palm Beach Stuart Fon Myers 8205 NW 58 Street 2501 State Roatl 84 5460 Okeechobee Boulevard 272 N. Flagler Avenue 2471 Rockfill Road Miami, FL 33166 ft Lauderdale. FL 33312 West Palm Beach. FL 33417 Stuart, FL 34994 Fon Myers, FL 33916 305.592.4944 tel 954.797.7972 tel 561.640.0818 tel 712.692.3442 tel 239.337 4222 tel 305.471.1943 fax 954.791.7719 fax 561.640.7894 fax 772.fi92.9757 tax 239.337 4211 fax PANTBOPlC POWER Pantropic Power, lnc. ONE SOUFCE ONF CALL - ONE SOLUTION'" wnroa-parttroprc.ccrm PANTROPIC POWER 8205 NW 58 Street Miami, Florida 33166 United States Eddie Riveron '~ +1 305 5924944 eddie_riveron@pantropic.com ^ DIESEL ^ 3412 DITA Generator-Set ^ 120 / 208 V Permanent Magnet 595 Frame Generator ^ CAT Sound Attenuated Enclosure ^ Battery Charge 10 Amp ^ 2301 Electronic Governor ^ No Breaker ~4ore Photos» Features ^ GENERATORS ^ 600 kW Standby / 750 kVA ^ 60 Hz 1800 RPM ^ EMCP 11 Plus ^ 660 Gallon Base Fuel Tank ^ Space Heater Adder 1-1000amp Beaker &installed-$3,680.00 Adder 2-5 year /2500hrs with 0 deductible (platinum +Package)-$6,790.00 Additional Photos Miami FoA lauderdale West Palm Beach Stuart Fort Myers 8205 NW 5R Street 2501 State Road 64 5460 Okeechobee Boulevard 272 N. Flagler Avenue 2471 Rockfill Road Miami, FL 33166 Ft. Lauderdale, Fl 33312 West Palm Beach, FL 33417 Stuart, FL 34994 Fon Myers. Fl 33976 305.592 4944 tel 954791.7972 tel 56t640 0818 tel 772.692.3442 tel 239.337.4222 tel 305.477.1943 fax 954791.7719 fax 561.640.7694 fax 772.692.9157 faz 239.337 4211 (ax PANTRQP/~ P©WER Pantropic Power Inc. ONE SOURCE - DNE CALL -ONE SOLUTloN'" :wvw.pantropic.ctmt Prices subject to change without notice. * Currency conversions have been made where indicated. To schedule appointment, please contact Eddie Riveron at (305) 477-3329, ext. 3159 or cell 954-214-1277 If you have any further questions concerning the above, please contact me at your earliest convenience at the number provided above. Sincerely, £.ddie `Jlioenan. Eduardo Riveron Customer Service and Rental Representative P.O. # Miami Fort Lauderdale West Palm Beach Stuart Fort Myers BZDS NW 56 Street 2501 State Aoad 84 5460 Okeechobee Boulevard 272 N. Flagler Avenue 2471 Rockfill Aoad Miami, Fl 33166 Ft. Lauderdale, FL 33312 West Palm Beach, FL 33417 Stuart, FL 34994 Fan Myers, FL 33916 305.592 4944 tel 954.797.7972 tel 561.640.0618 tel 772.692.3442 tel 239.337.4222 tel 305.471.1943 fax 954791.7719 fax 561.640.7694 fax 772.692.9757 fax 239.337.4211 fax .._._ ti ~., an1. sr. Q ~ 0 0 m .o o O lul o ~ N O 0 N d' O ^ ~ I^n I O a C ~ lJ U .~ sw sni. sr. u 0 o °: Y U Q m Q H (n - d d ~ d~ O c r'ri a E.S.D. ^ ^ ^ I~ 0 U n ^ ~ ~ ~ Q I SE 5 Q ~ I~ - ~ PROJECT ~ LOCATION E f ~~ ~ 0 C o ~ > ~a ~ ~~ - ~~i CITY of DELRAY BEACH E~MRONMENTAL SERVICES DEPAFITMEP(T ~ SoUm PUf~P STATION BAq(-UP GENERATOR LOCATION MAP °A~07~14~Z°'° FlLENAME ~ 494 BOUiH SwNT'ON AVBIII~ DaRAY BEA~I ROF~A 99444 2010-125 MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: July 14, 2010 SUBJECT: AGENDA ITEM 8.K.4 -REGULAR COMMISSION MEETING OF IDLY 20, 2010 PURCHASE AWARD TO MARTIN FENCE CO. FOR PERIMETER FENCING AT HILLTOPPER STADIUM ITEM BEFORE COMMISSION This item before Commission is to approve a purchase award to Martin Fence Co. in the amount of $19,218.42 for perimeter fencing at Hilltopper Stadium. BACKGROUND In 2009, Hilltopper Stadium was upgraded to include bleacher replacement, bathroom and field renovations, irrigation and sod replacement. The perimeter fencing was not replaced at that time. In several areas the fence is leaning, poles are broken, gates are out of line and do not close correctly. Staff would like to replace a section of the perimeter fence with 6' 9gauge green fencing with (1) single gate and (1) double gate. The section that will be replaced starts in front of the north bleachers and continues west around the perimeter of the field until the first entrance gate on the southwest side of the field (see attachment). Martin Fence Co. (per Broward Contract # NX06340B2) quoted $19,218.42 to replace this section of fencing. The scope of work includes removal and disposal of the existing fence, (1) single gate, (1) double gate, and installation of approximately S I O lineal feet of chain link fencing including top rail. FUNDING .SOURCE Funding is available from the project #2009-42, account 334-4151-572-46.90-Other Repair/Maintence Costs. RECOMMENDATION Parks and Recreation recommends purchase award to Martin Fence Co. in the amount of $19,218.42 to replace a section of the fencing at Hilltopper Stadium. ,7/06/2020 09:52 5618484466 MARTIN FENCE PAGE 02/02 ` ~~~.~.~ ~ PHOIU E: 561 848-2588 • FAX: 561 848-4466 ~~~~E C~• TOLL FREE: 1-877-777-3212 862 13TH STREET, LAKE PA~F~K, FLO~.l~DA 334b3-2383 LIC. # U 10591 Date ~ "~ ~ ~ . ~.~.:G • SHIP TO :.~!~~-~.....:__ _.~ ~ ~ SO.L.D TO ; Name ,,~+ Addre s r ~~~~~~~" _ ~~ City ~/ .' ~~ p.-...--'.~" Pho e ~~'~ %.% ~~h~BGsi~ss;'~~~~~~r-~ ~~~iO Total Postage r„rr~~r ~ ~~ - -Cep _....-...__ Pager Fet1Ce.~ _ ~ Top Rail 1"evel ^ Foilow Contour [,~ barb Up ~] Knuckle Up Top 'Rai I ~ ~i ~ ~~' ~ ~~*'~~~~1~/?~T"~~~~~i.~~d ~~ line Posts ~ ~ ~,~ ~ .~'',a~'6e~,~ ~~~ ~~ ~ ~~/~'/~/,A°i..~Gf~f..~~ Cor. Posts4,~~~.~~~~ ~r,^, ~ / ~ Cate Posts ~~ ~' ~~2' ti' ~ ~~~ .,,~D Tension Wire Care Drills ~~ ~~ panelweave ~~ ~~ti _~ ~,~f'~~i'iG~~~ ,- ~rG.~ ~.~/~,° 1, / ~'. ~~ /.~3 Customer authorizes th.e installation of the fence in accordance with the sketch and any attached specifications and agrees to.assume all liability and responsibility for accuracy of sketches. All fence linesmust be cleared by customer or ~ fee wilt be charged ~ $75 per hourl rninimurn of I hour. Per .. -~~~~ ~~. ~ ~~''~-~ ~ Total Price.~!.~ew..,~"~~ }approx. Delivery Date Mess Deposit..~..~.. Week af: C.O. D, on CompletiDn This contract subject to Terms and• Conditions on reverse side. Oral representation's cannot be relied on. IVa modifications to this contract will be honored unless in writing and signed by both parties. 1 hereby acknowledge the satisfactory CUStomeC._..,..,. Y..,,,!! _ -- - completion of the above described work. SalesmatgG~~~~.j'~-~,~.~ ---.-.-Customer White copy / C)ffico Canary copy /Customer '"~``~~ ~ ~~ r i~ s a f ~~ ~~ i~ .~; t ~;, :~ ,, ~, w J ~ 7 1 uY a t ~~, ~~~ ~~ i~ ~~ ~~~ ~~4 ~X- o ~r (1! Cvi i ~(. 1 ,-. I d~ i 1 ...v_ ~...~f ~' ~~ I ^. ,:~~ f . -t~ .__~ 1.. SCOPE: Bids are heret There will tie' ~ Link Fencing fon'the Various iucts. ;~). . ~~ct:~ea;t~~ooZ Papa t of 90 This contract iid~des a p~ss}tMcough for work necessary to complete the`peoject: but notanclutfecl in tle. contrant'to~the awarded vendor. See Attachmenf ~A", Section J, page 42 of 90 for details. P12EVCOUS COFd'1'I~cCT`NO ` T=6-04-1 fi3-B~9 BID NO_ N-X=06:340`=B2 SpECUkL 1N3tRUCTIQNS TO BIDOER5 (Continued)- - FENCENG:.'CHAtN LINK (NON-~H~LTERED M/A`FtKETI 1. SCOPE (Continued) . No guarantee is expressed: or implied as to the fotatquantity of comrrwditieslservices to tie purchased under atiy.open~eoc! contract: Estimated quantities wilt'be used for bid comparison purposes; only. TherBoard of Cor~nty Conirrissioners reserues the right to: issue purchase orders as and.when . required, or; :issue~a:bfarike#`.purchase order for indniitiiaal agencies and relea"se parfial quantities or, issue instructions#or use afDireit Purchase Orders by'various County agencies, make random,open mariiet purchases for any-or alt of the item(s) on any open end contractor, any combination of ttie preceding:. No :delivery shalh become due: or be acceptable without a written order by #he' County, . unless-otftec+vise provided forin the contract: Suchorder will contain the quantity;: time of.Qeliirery'and other'~rtirient data:. Mawever; on items urgentlyrequired, the seNer may be given felephone rtatice, to be confinned`'by an-order in writing: 2: SPEC1Fi'LA~IONS AND R~EQUIREMENT3: The specfiicatisns, require'inents'and services to be provided are stated in Attachmenfi "A" attached hereto and made a°part hereof. 3. CDNT~NGI=NCYf fE€S: 13y subi'rnssion' of th'i's o`f#er, contractor certifies that no :contingency fees: (sometirrtes' known as a flnder=sfee).has~been paid to any person or organization other than abona-fide employee'workir~g solely #or the: vendor to secure a contract made pursuant to this solicitation. Violation of this policy may result i-t terrnirraticin of any resultant contract andlor possible debarrrrent of the contractor. 4. FURTHER-INFORMATION: Bidders; r$quiring additional'information regarding any of the bid terms, conditions or administrative regdirements should contacf Peter Thomas, Purchasing Agent at (954) 357-6265. Bidders reyuiriri~ #ecfnieal clarifications should corrtact Jim Federici, Parks and`Recreation Division of {954) 577-4650. No::change(s) snot no interpretation(s) shall be considered binding unless provided to all bidiiers u~ writing' by the`Dicector of the Purchasing []ivision. 5. :. ,.. FC4~F'807 114107 Page 2 of 80 p12EVlOUS `GQNTRACT NO. T=6104-1.13-B9 ~ BID NO N-X-06340=B2 SPE~CIi~:; I~ISTRUCT~i1NS 7d=BID~ERS~ . (Continued) FI`NCING, CHAIN LINK ~~~~l=~~FL't~E2ED IIA~IRKET) 6. PFiE=B{D_ C(9NFEi~EI~ICE: Attendance aYthe:pre-bid oonfererice is optional: This information sessic~ pr .. an=o~nity bidders`in cf~vify'anar «x~aes~ts regardieg the bid n~}uin?rr~ents. The t~idder is cautioned that alEl~ou " Rtt~ ra rift~tion or any ~+.anges writ!' be allowed in the ttte ~ :~it31!':e-Sitf:Canr3ce is o ; nridixi'beeause cif the failure of the mss) to have attendett the conference. .lc~b srte.~iitatwn=Ls s#~~on~ly~r+eyco~nta~e~ed; ~b~s~s~n of=a #u~d vin`Il tie c~nstrue~l-that the lb~~r ds~ aqua s~ciere3l~ e~rflti *.#~S. >~ork to l,~ ~Forined. Pn°-eia cow Oate: April 17, 20QT '1'iitie: 6:ff0 A.M. °Locaition: B!*oward bounty='W~ Goverrmer~al``Ceeter One Uniivers'ity Drnre, Butte 401 Plantation fL 33324 ,,...: ff pat regnire~at~ au~liary aids for communication, please- ca11357-SQ&5`so that arrain~e~ents carib'e'Tnade'tn-advance. 7. DELl1(ERIf` AAlD ~- ~° EPTANCE: f?alatireryi't~rne'-shall iae`comprted in calendar days`faom tfie issuance date of pufehase order: However, goods recjuired for daily consumption, or where the' delivery is:an emerger}cy, a replacement, or ~s overdue; the conveoience of the Di~~isiort shy! go~~^. !f; in c~..ul th¢, rN of days from: the:oriier da~ke, the deliveryda~e falls on a Saturday, Sunday or holiday; deli~ieFy . s!~lGtoe'r:n.3±ie ~ l~r tt~n next ~.~eeding bUSiness day. All pneesbid~sl be F 1;1:B. delivery point, unload; assemt~led, and ins~l4ed unless otier~rise icdK~ted, and' is to tie rrrade-to the following site(s): Various tocafions in`Brorrarrl Cotirity Delivery and=installation tithe w~E'rary pet' Project att~f sttalt be in ~' ar~n~airsce ~arilh each ProjecYs=No#ice To Proceed. 8. 7 'u'~ Page 3 of 80 PRE1/IOUSCONTRA~T'NO. T=6-0h=1'13=6't BtD NO. N ~C•06'340~32 SPEgAt tNSTRl1GT1QNS TO Bl~t>I=~RS . (Corrtinued) FENCING, CHAlN LINK L#~LON-SH~LTER~'D MARKET) 9. lNSIIRANCE REQUiR€MENtS: (S)IMPLE INSURANCE CERTIFICATE ATTACWED~Atta'ch'rleret`"M") The following Insurance Requirements forAutomobile Liability are not applicable where delivery vm7l be made by a third-party carrier. All vendors that witi t~e'making deliveries in their own vehicles are required to provide proof.of insurance for Autorriotiile laabii'ty and other pertinent coverages :as indicated below prior to award: if deliveries are bung rr~ade by a third party cattier, ether pertinent coverages listed on the certificate are'stitl required. The Contractor should provide ifie Certficate of Insurance within five {5) business days upon request of the Purchasing Agent. ements contained in'this Bid .represent the rniniEnal protecfion r*eeessat~-for I by the Risk Management Dniision. Further modifications of the requirement ole discretion of the Risk Managedteut Division upon a riateriaf ctiange in ~ 'term of ttie contract or at time ofoontract renewal uporY mutual agreement c ted: The kir-r°bidder still be rie+quib~t fo Ptorr~e`proltier award by-the Purchasing D~ector or reconunendation of s, whichever is applicable. Without iir~itirg arty of the other obligations or liabilities of CONTRACTOR, CONTRACTOF~ shop provide;. pay'for, and maintain- in force until' all of its ,woiic to be perfom~-ed under this Contract~has been completed a-id"atxaepted' by the COUNTY {or for such duration as is otherwise specified `laereiiafter), the~insurance coverages set forth in this Section. 9.1 ` 1+Norkers' Corepertsation Insurance to apply for ail erxiployees in corripliarice with ttae°"Workers Gompensation't_aw"'ofthe State of Florida and~all applicable Fedewal laws. In addition, the policy(iesj musfiinclude: 9:1.:1 ~rnployers' lialiHty, with' reinimum limits of ©ne Nundi~ed Thousand Dolla#s {$1U0:000:00) each accident. . 9:1:2 Notice of CaFtceltaition andlor Restriction -The poficy{ies) must be endorsed #o provide Broward County with the U`days>notice of cancellation and'%r restriction. 9.1.3' Ifar~y operations arse to be ur~dertakeri on or about r~avigaitlei yvafers, coverage t be included for-the U.S. Longshoremen and Harbor Workers Act and Jones Att. $2 Cair+afsive General;Lrati~v s~vninuhn.fi~eut~ ~ ` fni~Y~'``~'~ 9fe Lief~i~: Corera~'t~itst`be a on a>k`nsr»~na ma eve ttian`the'late's# edition ofthe'CompretensivE Gel ~ tom; witFrat~t r~ eitdar:~. as fwd by the ln~.~ce Ser~aces C?ffaoe and` must include: 9.2.t Priemises andlar Operatir~s. . 9`.2:2 tent Contractors. FcI:=P' M4f0y` Page 4 of 90 Pt`tE`~'%1bCIS ~01~'I~Rk~C't• NO: T~=04-1'1-~=B1 BID NO: N X-02 SPEC{iAL;INS'fRUCT(ONS TU B4DDER~ . - ~ (Corrtlnued) . FENEING, CHAiN LINK ~N,~-fii-~t~ELT~f~ED MA}2=KET) 9. 'INSI~N~E:":R~EQtJiIi~EM€NTS: {Continued) 9 23 Produc#s and/or Completed Operations. 9.2.4 Broad Form-Property Damage. . 9 2.5 , B~-oad~Forro :l~tra~tt-al Cove ... rage appNeabte#o t#~is, speoific C,onti'act, ii~clud~-~g any~hold harrtlless and%arindemnification agreement. 9 2.6 Personal irjury Coverag~e'w~th Emt~oyee and Coi~tractwat.F~cciusEOns rerr~oved w~tl~ rniriinium iirriits'of coverage equal to thoselrequired forBodify`thjury Liability and Property Damage t_iability. 92.7 9:2:8 Notice`of Carioei~ti~n and/or Restriction - The ~policy(ies) must fie eridar§~d to'provide Btoward County wifh the (30) days'riotice of cancellation ani1orrestrietion. g3 - '93a~ Conpr~ehensive Form. '9.3:2' Owned"Vehicles, 9;3:3: t9ired`.and Non-0wned Vehicles. ..9:3:4' a,y<auto; if applicable. 9:3.,5: t~atree: of Caellatian a~dJor l~estriEtion -- The 94~ FCI:-FBGS=2007 . ~~ Page b of 90 •9:4.1 ~ 'Maximum dedUetible forWind is-Ten Thousand' Dollars ($1O~OUl)'a)0 ' PF~>=VIOUS GiDNTRAGT NO. T-6-0~1~~3-81 SPECIAL. tNSTIiUCTIONS`T~ BIDDERS (Corrtinued) 9: 9.6': ~: 10. :. 11. 12: BID NO. N X-0'6~40'B2 tfae ikems-bid, irt~adiition to the page 54 of 90, Paragraph 1.03 .. ~fi its acrd fees:payable to tt~ 8rovvat~-Cour~ty`i3,o~ard of ourity Commissioners~will be paid by'`Par#cs & fZecreatton Division. .Licenses, perrr-its and`fees wnidr rrray~ be •regt;rired t~;'t'tie Safe of ~lori~a, Sfate iRgeirtcies' or by offer beat govemmentai enfFbes are not included in fhe above fist. fC~,=P2007 ~IJ4/O7 page B of 90 Ff?NGING. CHAIN LINK (NC)N-SHELTERED MARKET) 13: BiD NO'.N~X=~40rB3 pREVIO~IlS`CONTRACT NO. T-8-04-113=81 B1D NO. N X-06-3AQ~32 SPECIAL lNSTRt1GTiONS TO' BIDDERS (Continued) FENCING: CHAIN LINK (NON-SHELTERED MARKET) 4 5. NONDISCt~tMINA~'ION. EQUAL EMPLOYIIII~IT OPPORTUNITY. AND AMERICANS 1NITH :COND' PARTY shall not unlawfully discriminate against any person +n its operations and activities or ts`use or expenditure ofifunds in fulfilling-its obligations under this Agreement. SECOND PARTY irlF affirmatively comply with ail appNcable provisions of the Americans with Disabilities Act {ADA) in coarse of providing any services funded by COUNTY, including Titles I and tl of the ADA {regarding xtiscrimination on the basis of disability}; and all applicable regulations, guideliFles, and standards. addition, SECOND PARTY shall take affirrnat-ve steps to ensure nondiscrimination in emplpyment iinst disabled persons. SECOND PAF~TY's decisions regarding the delivery of services under this Agreement shall tie made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County°Code, Chapter 16'/i} in performing any services pursuant to this Agreement." '! 6. 77. ~., ,, ;: ~.'> . . ' ~.~. :.: rised`that the provisions of Broward Courrty Ordinance 2U02-45 {living Wage apply to this contract, if the contract value exceeds $9l?0,{ltlp per year. $y subrriit6ng a these specificafions, a bidder is hereby agreeing #o comply with the provisions of Z-45 and acknowledges awareness of the penalties •for non-compliance. •Explanatiort of quirements is.induded in Attachment "G". The Living Wage Certification, included in . must be furnished to this office prior to an award being made. Page 8 of ~ f3tD NO. N=X-O$-340-82 17. 20% -['he directory ttientib~ed above is availat(e for ttse by VENDORS on-line thcaugh the Srbward Cioi Srma11,8.usiness Development Division at httri://uvww.broward.org/srriallbusiness/directory htm. Coi the Small Business-Developmeht Division at (g54) 357=6400 for more information. . • A Broward Cdtaniy certfied'Women-awned~Business Enterprise'(WB€) andlQra.,Bnoward Cour+ty certified Minority Business Enterprise (MBE} is iiefined as a Tri-County (Brpward~iAiamkDa2felPaln $each~ headquartered business that is at feast 51 % owned and controlled by one or more of the 'fottowirtg Gassfications_ ....::. . A. Afncan-Ameneans; which nciud'es persons having ongiiis in'any ofthe~black~r~etail:grnups';i Afnca; 8.: t•-lispanic Americans, which includespersons of;Spanishvr Portuguese puiture wRh~~ongrns i North, South or Central America or the Caribbean region; reyardtess of race: C. Asian-Pacific Americans, which includes.personswhosc origins from Japan, :Chrna ;TarvVan Korea; Vietnam, limos, Carnt3odia; the Phifipprpes; Samoa, Guam, the`Unrteii'States°Trust Territories of tie Pacific and Northwest Marianas; . D. Native Americans, which includes persons who are ~rrieriean Indians, Esklmris; Aleuts, or :. : Native`Hawaiians; . E. Asian-lndian'Amerlcans, which `includes persons wrhose origins are from India; Palestan, end Bangladesh;. .. ~ F. Any indivrtluafs~fouiyd`to be'soeialfy and:econornicaNy ~isadWantaged'bjr,the-Sma!l~t~sir-ess Adrriinstration;;and . C. Anywomen not included in {A) through {F) above. f!f A t?BE fs a small'business, as defined pursuant'to the~SmaU`~u§iness Act, '15 U.S.C_, as' ' amended. Chtirnership-and control speaf~ca[ty refers to a business: atleast S1=percent owre~i , .., by one vr' mare ctisadrrantaged~persorts, n~tnority: cm wat~ert, or, in the case of ~a publicly owned . .business, of which at feast 51-percent of tfie stock is owned by`.one or more disadvantaged.=, ; persons;:and whose managEment and daitjr business operations are controlled by ore~t~rmoPe ' of the socially and economically clisattvantaged individuals who own it. ~t"4TE: the Brawarr! .County Busifrr<ess Qpporturtrty ~Ac#:of~~D04 pan tie ~foranetl' at wwwa~rciwa"rdnrg/smatlbusiiness/small_bus.ptff FCL.f~pt13=2(fOT ~~ Page 9 of 90 ' 'P~kL~l1~1~5:'~`°~id1~~T`N~ T-b-04-4'~3`=B1 SPECIAL:INS'fRUC710NS Tb°BI~DERS {Con'lnaed) FENCING; CHAiN'LINK ~~t~IV-SHELTERED MARKET) ;~,8: to ~ so BIB NO~f~-X~46~?40^B~` . .: . ~T'N~. T-6=04=413=81 . ' ~ SP'EOU1L.lN5TRUCTION$~TO-BIDDERS FENCING. CHAlN L1NK ANON-SHELTEftED> MARKET) `1:8 ~'b*1~E~B`~~.Q'~'V1~3E~.Cb1fI1P.L.1~1N~ES: (Corrtinued) B~Ea NO:~N~X-0fi=~4Q~2 B1D NO: N X~-S4(1~2` , 2. . .• 3: =. '• .~4: - • • • ;4;1 Attentlance of any schedtiied•p~id ri~eeting=concerning M/WBE partidp~Y~on. - -_ ~ -'.'42 T~mety:advertisement ~-genisral sirculatiop media; trade associationputi~ications; ancf - rn~r~oritj%focus media. ;4~ Tim - . nofifieation of min - ~Y onfy business or contractor-groups and assoc~attors of ~' solicitation for speck sab-bids. 4+t" Prgofjaif writfon solicitations^to MMBE'fi~s: 4;5 ~'orts'to select portions of•#fie work proposed ~to'be performet!'by. fir in'oXtier tb r~cr~a`se th~~Gkelilio~d of act~ewng-'the stated,goal. • " 46' Efforts fo~provide M/VVl3E that need`~assistanc~~iri'otitainirig bonding: or~rtsuraC~ce~ regwirecl by the Bidder or GOUNTY. I~Fi.`t"ei~~!!~5`~~~N'FRA~aF t~O: T-6-04 1~1:3~1 SPE+IrU1L tNSTRUCT!(~NS>TO BtDD~tRS ' ~ ~ f~ENCENG. CHAIN LINK - ~ ~i~Yt~~1-SHELTERED MARKE~- '~8~0:l~EQtlIF2ElNt=fVTS t=QR Cbt~TRAC?`S 1N11t-1 Nb11VBE GOALS:'(Cora 4.7 A>report submittetl by the`Bidder to the Surat)~Busin award: explaining ttie Bitlders efforts to ot~ta~n MIVVBE . ~ inctud'e the foilowing: 4:7:1 ' 7: ~1 Joint Ventti :must Eie sulr ©trtame~~at= 8: These`Gontraic ' state grantor ~ot,cies or p~ B!D NO'N-X:a6340=82 v-'- --"~.•rr ~.,......~ M~vy~w~,aancnwiar°,U117yG~lc~ultty(eC7f exgm~l~-the prt~gram'wrth higher goats) shall aPpty. FCt~BQ`3-2007 41Mi07 Rage 13 of '90 timed) ess Development`Divisidn pnoi ts~ patticipabon:' The:report`siaatl 1t1: The,.degr~e of'M/V'lg'~ pardGpat~on sttaill` b+e calcul~fed`a~ fotlc~ws: '~U`1': .. , . 102 ,10:3 . ~~1~.0 4 Tt~e"'dollar a ~~ eider the fe , .. . ", `1:0:5: mount of;~,articipabon of a firm owned by in;norty women~may be applie+d`to male gdal or ire' minority 0o`at9,aii~t~ nofifo both. Boo No::w ~~ :~~0~2 ~ .. .~~.: ~~; .:' ~ 92. q;3. .. 14; [Nothing herein shail'be construetl'to require a pririte contractor to awa"rrl a si to" an MNVBE i~` it is'not the'lowest`respons'sve bid. .1~.. .. 1'9. BtD-GiJARANTY: bi s s -a - e aecompan~ed'byan ocgmai B:id bond executed by a surety. company meet+ng the' •- ~ quaiificafions for suretycompanies as specafi~d ~n•S.ection 21. The Bid, bond must be an onglnal, ;no: ,, phofocopies will be accepted. ln:4eu ofifhe Bid bond; the following w+ll ce acceptable: cash, money order, certifred cheek, cashier's check, ;4rlgmal' i,rrevocabie lefter of credit,;:(AttacYiment "B.''} treasurer's check or bank draft o>; any national pr state bank (United. Stags); in an amount equal t4 5 pet'cerd of-the total"bid price, payable to'the Board of County Commissioners and conditioned;wpan tk~e`successful - ~ • ~Bidder;executing the Contract and providing the Performance:and'Payment Guaranty.:and etiidebce of- ..'~ .' insutance within 15 calendar days after notification of intent.fo award of the Contract A:gersorial check . - ~ .. or a company check of a Bidder-shall not be. deemed a vatid'bitl guaF~anfy: Guaranty of.the successful - Bidder shall be forfeited tq the Bward of Cotarity Commissioners not as" a penalty, but as liquidated damages for the cost and expense incurred shouitl said Bidder fail o provide ttte required Performance ~~ •~ .~ and':P..ayrrient Guaranty ~r .Certificate of Insuranceor fail to comply with any-otherrequirements'set"forth 'here"in. Bid Guaranties of the unsuccessful Bidders will be returned after award of Contract. 20. f?ER ORMANCE AND PAYMEN? GUARANTY: a. it 'in + een 5 ays a er noti tcat+on of award;'the Successful`Bidder shaU'furrn5h`a r~erformance and Payment Bond attached hereto as Attachment "C.". b.. ,. ., . c =~:~ the Eor~fraetor agrees to`,keep°sucti Guarantee(s) or a replacement fhec~af, rn force af.all-t'ime • drarirg tfie period`of tfie contract. d:. . .e, all- g~~ coups bid ts; ;(fflr example)" . for $5D,00000 (25%) and the Or lf;=the bidder bids six groups, and.the total of the. iz groups bid `is (for;:example} $60;O.OOAO, fh~' aymenf acid performance guarantywo.uld=tie for $15,000.00, and tiie tiid gua~arity would-be . ~ ` for ~750:Ob. FCL-P603=2007- .. 414107 Page 16 of 90 BID i~1L3 'N 3C-01B'0~'32 ' • • )n ~dd~on to ih~ above~rn-nimum gc~aiifca~ons,the surety company musf~-r~eet~at`li~stone ofitttie ' °:fellowiFg adtlitianai~qualifi~:afons: . _ A)` ~> B1)' •...; Q2} 7'fie st~taty eonpan~ shall have-at least the folli~wing~ minimum ratings: .. .•.a.avas~ ^r.c..::. w~.ar . Rai 500;001' #0 1,OOOQ00 B+ 1,000;00'1 to 2;000Q00 B+ . 2,000;001' .• 5,000;001 to a 5,000,000 10,000'000 A A 10,000;001' 25,000,001 to t0 25,ODOQ00 50;f300000 A A . ' 50;000,00? or more A Class I Class It Class>Ili Class IV Class V Class VI Class Vil FCIfPJ303-?A0~' M41b7 Page 17.of 90 PRE~/IOUS EONTRACT NO. T-6-0~}-113.f31 SPECIAL tNSTRUCT'IdNS•TU BIDDf=RS (Continued} FENCING,:>CHAtN LINK (wON-SHELTERED MARKET 21.. BID Nb. N X-06-340-82 • • For projects which do not exeee~d $500;000:E?O the County shall accept a Bid:BOnd and ' Performance and Payment Bond from a surety company which has twice the minimum surplus ~: and cap~tal~required'bythe Florida fnsurarice.Code at the time the iovitatiori bid~is issued; if the surety company is otherwise in compliance with the provisions of the Florida'Insurance'Code, • : and if the~surety company holds a currently valid Certificate of Authority issued:fiy the United States Dep~rfrnentof the Treasury under Section' 9304 to 9308 ofTitle 31 of the United States D) The County. wiUaccept a-surety bond from a company with a rating, of B+ or better; prouided, however, that if the surety company appears orrthe'Watch List' that is published tlu~rteriy' by 'Focus` of the Office of the f=lorida Insurance Commissioner, the County'shali~ review and e~ttier acceptor ceject'the surety company based an tfie f~nanciai information available to the County. A surety comaany that is rejected by the County: maybe substituted by the:'bitlcier or,proposer with a-suretjrcompany acceptable to the County only if the bid arr~unt does not increase. 22. Pf~tGE~~4k~ilUSfiNAE1~T5 ~N:PAS3 THRbU~H: 22:1 . '~ For this contract, there wifl'be a pass=through` for work required related to fencing>installation and not included in contract. 23. PREFERENCES: No contractor 5half receive more than one county-autflorized preference for the same pcocur~ement:1f.a contractor is eligible for more"than one County-authorized: bid preference foc a particular procurement, tfie contractor shall ~t3e ~eligibfe to receive only the bid preference that is most favorable to•the contractor. A.. ~~US ~~DM7'R~C'~ NO: T-S-O`4,1 ~ 3'~M SPECfAL fN~'~RUGTII~NS'T~O~~,~[~DERS (Continued) FENCING, CHAIN LINK (hit3N-~SHELT'ER~D MARKET) 23: . 24 25: BID NU:'N. X-~0~=340~g2 BID N'O` N ~=06340=83'. - 2~- ~ NUN=CULL[1Sl(JN STATEMEtyT: By signin~`tiiis offer, the vendor certifies that this Vendor shall disclose below, to their Best knpwle~ -, celative'of any such officeror employeir°as define amofficero~.director of,.or has a material interest ~- in#iuence"this procurement. Any Broward County ofspecifications or requii=emertts,.solicitation of;o' ptiier activity pertinent-to~this pricurernent":is`pre: in#tuence this procurement; For purposes hereof md~rectiy own'more';than'S`p'eroen# of the total as; - ott~erw~se--stand to persotiaily: gain if the' contract' . - ~ Failure of a vendor to disclose any relation~hi detiarment~iri accardan'ce with°`tfie pro~isions° N~11*rfE is made'independentlq and free from collusion. agy froward County officer- or empioyee~or any section 112.3135 (1) (c), .Fia 'Staf. (1989), who is~ e vendor's business,. who is in a position-tp. ~r or employee who'has any inpui;~into'the writing decision to au+lard, evaluation of'offers, br any JY~4..~ ....~..r,~..,~..N.,r~:if ~4n''L~o~~r~ .~..n~c..hnh.:}n, of ar~y. business<etitity, or~ ifthE ~ndor. shalil' be reason foc . anty`Procu"rement'Code.: In'ttre~event;th`e vendor Goes riot and%cate any names, the County shall interpret thiis'to~tnearii that;'-tt`te veidortas [ndicated that no such` refatioriships exist FCL-PBl~3 20by"; ' `b14107 Page 20 of 90 BID'NO: N-X<06-340-82 ADDEN~I~M `NQ. 2 May;2, 20Q7 B!D' SttEET FENCING-CHAIN LINK ANON-SHELTEREfl MARKET) TO: f3'A~"i~~-'OF COUNTY C0.1~1'lNfSS10NER8 BF~O~ARD COI~NTY, FLORIDA ~Aff~'blanfis have..~fiaee~i~fiilled~irl,~$iD`~HEET ~s?atta~f4ed to tte compG "Invit~t't~on -For Bid" and This. ba~tigeted emou~i`t`#zu thiscontract is`°$3Qt~000 pei=y~ar: fr~T~'+o~ondance~VVth.~all~'t~rrns-eonat'tuns,: spec~ficatior~s~:and~requireirments; the bidder offers tie`:folfowing; GRdUP~I"(I''fEI~fIS 1 T~ff~U~~19) Aluminized 4' ~har~t~ Link=~ence . CODE #98815 Additian~al Line Post with Caps if needed. Corner, w/complete Df ouble B"race/~Assembl/y TOTAL ESTIMATED rncT $ /ZSD• $ ~7ZD UNIT l~AQ7 $ ~70 • IEa. FC~~Bp3-~00? PTlMMlG~'301F~~0~~2Q07 511')Ci Reviseil'Page'29'of 80 All~'prrces-~shaD nclude'~the~cast for instillation. #~a~bi~lde~`b~ils`all gri~~tps; and offers-a°discount, the discount is to be`applied'to e~ch'item. BiD NO; N-X-06.-3~o-B2 ADDENDUM N0 2 ~ =~' fAay 2,,2007 3::• < 10 Each End'Post~with complete $ ~ - ' , , /Ea. $ ' a`..^- Singfe~Bi=ace Assemf~{y . 4: 1`Qt~ L:F. Completefencing~InstaNafion ~ $ ~ ~~ /Lf=: ~ $ ~~~~' including Tbp Rail; Tension VChae, Ties, etc. ' S: 4 ~ack~ Single Gate 4' Ulhde '/ $ '~~ - /F-a. $ ~~~~ 6. `. 1 'Each Double Gate 8' 1flfide $ ~D • /~: $ ~~ ' 7. ~ - 2 Eaah Double Gate 12''V1~de $ TLr7. lEa. $~ -6Q 8: 2 ~F.aett Double Gate 24' 1A/i's~ $~D • /Ea $ 2~ ~ . 9; 1 Each Double Gate'36''Wide D• $~x /Ea.. l~6 $ 1 ~. 1 Each SUding Doodle Gate 24` V1hde $ f 00 - /Ea. $ ~~ '~ ' t1': ::.. 1 Each . , Slydi>1g Double Gate 36 VYtle ~o $~_• ~~• r~~ . 1'2: 1 `Ferrtl Douf~le Gate, Binged; 16' V1hde; $~_ /Ea. 13: 1;400-L;F: Removal of Fence Fabric $ • ~~ IL:F. $ ~~0 14.. ' 1©0.Eacn _ Removal of Fence Posts $ /~• LEa: $ ~Q 15 8fl Hours Repair of`Ezisting $ /" _/Mr. ~aa w $ Fencing; Labor only 1:6~: 2 Ea~Fi , Grounding of Fence:;:'Per F.P.L. Speiafications $ ~ ' /Ea $ ~~ . ~Gt^=PBQ~-~47 PTlMN!l0 512!07 4301R`~04~OT Revised'Page 32`of 90 GRt~UP'I'(l7f~N1S 1 THRU`1~) (Continued) •. BID'SHEET {Continued) ... ~ FENCING] CHAIN LINK . ~t~t3ELTERED MARKET) OROf1P'~r(1'T~MS 1 THRU`1~9~ {Continued) ~~ 17.. ;1';;(~d0;~F: 18: 'DELE-TSt 19: f~ELETED Boftom Rail UNIT COST $ ~ , .50 /L F. TQTAL _., ESTIMATE COST $ Z~o .. . . SUB~TAL'`FOR`flNE°"i(fAF"i`~GROUP l: ITEMS 1 T1RiJ' 19 $a --~ . ~ ~ SUB'CO~'TAL'FOR TWO YEARS "ORt?UP` I: ITEMS' ,1 T~F1RU 19 $; ~ ; "See A~tta~hmet "A" ~pa~ge 4~'df'90:Sedtion' I, fQr`basis'of payment of allowance itei~n ,.. *'RSe~e Atfa~Mm~r~t f`~k", Se~tron .I; page 42 of 80 pages, for basis of payment,aet~rt~i~: and °requ~r~rcerrts A~THdRhZEb`St~NA°TURE> ... ._ Revised'1'age 23 of 80 BIDS (Cor~finued) FENCING.CHAIN-LINK ANON-SHELTERED IVIARKETI GROUP it -ITEMS Z0 THRU 37 ColorCr~ated 4' Chain Link-Fence ITEM ESTIMATED COMMODITY CODE #98815 UNIT NQ ©UANTITY DESCRIPTION COST $~ iEa. $ O~ lEa. 20; _ 100`r Each 21'. 8' Each 22: 10'Each 23: 1,ODO ~.F. 24. 25. 26. 27. 28: 29. 4 Each 1` F-ach 2 Each. 2 Eaeh 2'Each 1-Each 30: 31. 32. '1_, Each 1 Eech 1,p00 L.F. - NA'ME' UF~COI~IP~fNY: Additional Line Post with Caps if needed'. Comer;:'w/complete Double Brace Assembly End Post'with complete Single'Brace Assembly Corriplete Fencing installation including Top Rail, Tension Wire; Ties, etc. Single Gate 4' Wide Double Gate 8' Wde Double~Gate 12' Wde Double' Gate 24' Wide Double Gate 3fi' V1hde Slding'Double Gate 24' V1~de Sliding:Double Gate 36''1Nde Double Gate, Hinged, 16' 1)lfide, Removal`ofFence Fabric .FCL:~BA~~00~ . PTIMMN~t307PB~'4;`~i17 5/2!07 $ ~f0 • lEa. $~ lEa. $ /Ea. $~d lEa. $1~ • ~Ea. $1Q o lEa. $_ /7~0 ~ IEa. $ t ' /Ea. $ " ~ IL. F TOTAL ESTCMATED $ ~o~ $ ,~2fy y $ 3300 $ 20~ $ 60 $ _~~ ~' $ ~lo~ • $ /oa• $~0 $ 1. $ X50 Revised'Page 24 of 90 BID'11t0: N=X=06.34,0=82 Af,DEwDUM' N0: 2 Mav 2 2Q07_ BID.. (Continued) GROUP !I ITEMS 2~D THRU'37 (Continued) TOTAL ITEM ESTIMATED C4MMQDITY CODE #98815 UNIT ESTIMATED NO. QUANTITY DESCRIPTION COST COST ~d 33: SO`Hours Repair of Fasting $-,.~~ IHr. $-L Fencing, L.at3or only 34. 2,,1=ach 35.: 1;~QtJ` L;F. 36'. DELETED 37. DELETED Grounding of Fence; Per F.P.L. Specifications Additions! Bottom` Rail $ ~ • /Ea. $ ~ /L. F. SUBTO'T`AL FOR~'ONE YEAR GROUP II: ITE'MS' 20 THRU 37 $ ~d g . SUBTOTAL FOR TWO YEARS'GROUP 11: ITEMS 2O THRU 37 =See Atfachrn~nt "A", page 42 of'90°Section I, for basis Hof payment of allowance item. **See~ Attachment "A", Section J, page 42 of 90pages, for basis of payment, terms and `oequi~ments. NAME ~bF COMRANY: AUTMORI~ED~SIGN~TI Pr/M~134uo~ ~~M~ Reviseel Pagc'26`of 80 t31D NO. N-X-°06=3A~O~B2 ADDENDUNI'N0 2 May 2, 2Q07 BID SHEET {Continued) FENCING. CMAIN LINK ( HELTERED MARKET) GRQUP III -- fTEMS 38` THi2U` 56 Aluminized 6' Chain Link Fienc:e ITEM ESTiN1gTE~ NQ. QUANTITY #98815 UNIT COST TOTAL ESTiMAT1=D COST 38. 500 Each Additional Line Post with Caps if needed. 39. 8`~Each Comer, w/complete Double `Brace Assembly 40. 10 Each End Pos# with complete Single Brace Assem~y 41. 5,000'L.F. Complete Fencing Installation including Top Rail, Tension V~re, Ties, etc. 42. 20``l=ach Single Gate 4' Wide 43. 20 Each Single Gate 8' Wide 44. 6'Each Double~Gate 12' Wide 45. 10 Each Double Gate 24' Vlfide 46. 3 Each Double Gate 36' Vifide 47. 10'Each Sliding Doul3le Gate 24' Wide 48. 1 Each Sliding Double Gate 36' Wide 49. 10 Each Double Gate, Hinged, 16' Vlfide $ - /Ea. $ 6~D ' /Ea. $ ~D - IEa. $ ~~~ ' /L F $ ~~ r /Ea. $ ~I~ . /Ea. $ ~ • /Ea. $~D~~ /Ea. $~ /Ea. $ ~~5. /Ea. $ ~~• /Ea. $ ~' /Ea. 50. 5,000' L.F Removal of Fence-Fabric $ ' ~~ /LF ,:, ~ . .. NAIIiIE`OF COMPANY:' ' ' ~ ~ . $~Q1JOD• $ O• g 5~0~ ' $ /O~yo - $~~. $ boo $ ~D . $~D $~~~ . $_L $~.s: $__..~ $ /~~. FCI:-PBfk3,~47 ~.riM~or~sa~ioor . .°;6!2107 Revised'P~ge`26 of 90 . BID `. N.V: - N -X=06'40= 82 Af]DENQUM''N{O. 2 May>2.2007 Bib=SHEET (Corrtinaed) FENCING,, CHAIN LlNf< (NON-SHELTERED MARKET) Gi~OUP'flf -= ITEMS` THRU`56 (Continued) 51. 100 :Each 52. Sfi>Hours 53: 10;Eacfa 54 1,000'L:F. 55: ' DEt`ETEb' 56. DELE' Removal of'Fence Posts Repair of Existing . Fer~ang, tabor only Grc~undmg of 1=ence; Per F.P.L. Speeificat ons Additional Bottom Rail UNIT COST $~~=~/Ea. $~' /Hr. $ ~ • /!~. $ , $~_,__ $ .~o~ $ ~d SUBTOTAL FOR ONE YEAR GROUP fIt ITEMS<38'THRI~ 56 $ /39D/D SUB'Tt~TAL F4R T1N0'YEARS GROUP IIi ITEMS 38'THRU 56 '~SeeAttach~rrenY "A", page~~42`of'90'Se~tion f, for basis of payment of allowance item. ,; **See~At#achifYl+e~t`"A",.SIOn J page 42~of 90 pagesfor tiasis of payment;` terms and requirertrents: 11fkNf`E'~t~F Ci01~NY:. AUTNOfZIZEb'SiGNA11 ~c~~am-~ao7 PT~MM1o43oiPaoa-2oor . ~ . -" ~rzror . ~j BiD~~ ~`T .4. ., .. .. ~ ~ . ~ ... ~ (Dontenued}' .- FENCiMGj; CHAIN: LINK .. -: jN~N-SHELTERED MARMCET:~ . ' Gt~~rJi~'.V-~ kT~IGf~'ST''T1~11~U 7 ~ior~ Coate`=8' Dhai~n ~i~k- tl~n~e i-r~iu ~c~~ue-r~n r~niuriur 57: ~00'~ac 58 8 Ea+c~i 59' 10 `Each 61 ~0, Each - 62`: " 20. cacti 63°: $ ~c~i 04 : " 14 E2i'~ . 65`: 3 each ' 66: 10 Each`- 67: 1 EeGF " 68- 10 Eai~i nt~-r~ ,.: o~ co~~a~~r ... ECG-~a • • .ar~nu os~obi~ : o~or~sox:ao67` `SJ?1b?`'"' $:,~_. . $:^~ ~; . ~` ~oay .i- $, ~OD:: $ 900 $ ~O $~~' $~_ .r- $~.~o :$ /~ $~~ Corner, w/compldfe' $ ~~~- IEa. Double Brace Assembly End Post with complete $ ~d~ ' lEa. Sulfite Brace~Assembly .> Comj~yete F`enr~rtg`Instailation $ ~7' /L:F. .:: In~ludin~ Top Raii:'T~nsion 111i*ire;` lies, etc. Afl~~NA4~~lN~? May-2=2007: Single Gate 4' Wide $~1,~_L~a. Singi'e ~ate;8' Vlfide $ ~~' /Ea. .: Double Gate 12' ~fde :. $~_ /Ea.. Double .Gate 24' Vllide` $ l~' /Ea. Ocu#~le Gate 36' V:inde $ i'~--~ %~a. Sliding `b~ouble"Gatee 24' Wye $~_/Ea. SUding Double Gate~36' Wde $ ~~~ /Ea: Doutile-Gate; Hinged; 16'~Wde $ l• /Ea. 6' Higf1 Reriseil~Pag2-2B`of8b . o~~ ivv::w~x=uo-.3417-T32 QDbEND~M <NU. 2 M8y 2.`2(307 TOTAL ESTUVrA'T~D . ` rncr' . 6~ .5~ lF ~R~movai if''Ferce~'Fabti~~ $ 7LF. 70 , .8U HtSut"s Repair of heisting $ ~ /Mr. . ~ Fencing,' Labor only. 71 ~ 70 Eada~ Grounding: of Fence, Per F:PL. $ ~ ' /Ea. Specifications . 7~:" 1;000`LF: Additional Bgftorrt'Rai1 $ ~' /LF. '~ 73: DELEi'~D -- , --- - . Nh411~~°~~`CC~11~IY: $ `/Z~4- . $ %Zda ' $ ~~' $ ~? . , . ~.. ~fion~J, page~42 of 9b-pages; for~ba$is of~payxn'ent,`tenns~ and~req~iii'~~e~: Atl'TH ~',s~D'~I+~NA`t~1f~E s~o ~' Revised Page 29 at`90 l31U IYU. IV-JC=UIi-:S4~U-CSX ADDENDUM'NO Z fiAaY 22Q07 BID SHEET (Corrtir~ued) FENCING:CHAIN LINK iNON~HELTER~D MARKE71 GROUP"'V`-:I1EM5`'75 TH•RU 93 Aluminized°8"Chain Link Fe'nt~ ITEM ` ;ESTIMATED COMMQDIT1f CODE' NO: QUANTITY DESCRIPTION 75: 1flD Each Additional Lirne.Post with Caps-if=need+~d: .. ~ 76: 8' Each. ' 77. - 10` Each: 78: 1,OOd L.F. 79: 4' Each 80': 2 La'ch 81. 2 Eadi 82: 2 Each 83.- ~ 1 `Each 84: 1 Each 85: ` 1. `Each #98815 UNIT COST Comer,. wlcor~ptete Oouble Brace Assembly EndPost with com.p~ete Single' Brace Assembly Complete Fencing`:Installation including Top Rail, Tension lAh~; Ties; etc. Single' Gate 4' V11ide Single°-Gate 8"111~de Double-Gate T2' Vl~ide Double Cate 24' Vthde Double Gate 36' 1111ide ,. Sliclirg Double Gate 24' W+tle Sliding Double'Gate 36' Wtde $ rJ~Q• /Ea. $ <2~ IEa. $ ~ ~o /LF $ ~o - /Ea. $ ~ /Ea. $ ~ D ~ /Ea. ~ //~ • ~~. $ 3T LF_a. ~ / /Ea. $~3D • IEa. 86: 1 Each Do..uble Gafe; Hirged, 16' wde $ ,~_/Ea. 87. "'1,00"L.F. Rernovalof-Fence•Fat~ric $ •,~~ /L.F. NAME-OF COAIIPA~IY: ,_~~~4'~~__~~1+'~~~~ $ ~ ~~. $ •a . $ ~ . ~ ~~~ °v $ ~Ol~ $ /pp . ~• $~- $ f 3d $~~ $ ~ ~o. $ l+ $ Z-S ... ,¢1?107 . R~eirised Pale` 30 of 80 : • ..~ . t3W IV V.. N-JC-Uti•34U-t31 ADI7~N~JUM N4: 2' May 2, 2007 BID'SHEET ~_ (Continued) FENCING. CHAIN LINK (NONE-SHELTERED MARK G~tOUP-~V -1'FENFS ~75 THRU``93` (Continued} ITEM ESTIMATED COM'MQDITY CODE #98815 NO. QU14NT1TY DESCRIPTION 88. 100 each Rer>'tiovaf of Fence Posts Repair of Existing Fencing; Labororaly Grounding of Fence,°Per F.P.L Specifications Additional Bottom Rait UNIT $~j . /F..a. $ ~~ /Hr. $ /.200. $ ~• /Ea. ~ ~id . $~.So_- SUBTOTAL FOR ONE'YEARGROUP` V- iTEMS'?5 THRU`93 $ SUBTOTAL FOR T1N0'YEARSGROUP V tTEMS'75 THRU`93`~ - ., . "`Se~B Atti~ch~nerit `FA", page 4~'of 9i0'Section 1, for basis of payment`of alloVlf8A1Ge'item. '!"'-~/~ttaCfi~'ht "A", ~Secti`on J Pa9e'~42 of ~ges; for basis of payment, teni~s and°requreme~ts: ,. r! NAME-OF` GdNt~PANY. ~`. AUTFIbR1ZEtJ~I~I~ATURE: e~~ Qann~n PT/MM10430/PBOR'=~bbT 5/2f07 R+eVised Page 31 of 90- ~1V IYV. IV-/C'VO~J4V-DL ADDENDUM'-Np. 2 Mav 2, 200? BID SHEET (Continued) FENCING.- CHAIN LINK __,_.~ (NON-SHELTERED M~4RKET) GROUP VI - ITEMS 94 THRU 111 Color Coafi~d 8'' Chain Link Fence CODE #98815 :..94:: °f;FX7?~CE1 95. 8 Eac.~t' 96: 10`Each . 97. -1,000`t.F. 9$:: 4~~acla- 99 1 F_ach 100. 2~ each 107. 2' F_aih 102:. 1 'each 1'03. 1. i=aet . :. 1 fl4:: 1 'F_acti: 105 ` ~ ,' 1 E~cti . `106: 1,OO~Q L:F 1.Q7: 80;Hot~rs NA~M~ t5~ Ct~MPAIV~: Conner; w/compl'ete D"outle Brace Assemfly End ~Pfst~with cornplefe Single -Brace Assembly Gompl,~te''Fericir>g tnstallatian including Top Raii, Tension V~~ie, Ties, etc. Sngle~Oate 4' Vthde Doutite Gate 8' Vl~de Double<Gate 12' V1hue Doutte `Gate'24' 11~de Doutile~Gate 36' °lllhde Sliding Qout~ie Gate`24' Wide Sliding ~Doubl~e Gate 3G''Vlfide Double-Gate; hlinged; 16'°Wde Removal of Fence Fabric Repair of`Ezisting Fencing, Lahoroniy UNIT $ ~OD - /Ea: $~ - /Ea. $ • 2~ /L. F. $,~ /Ea. $ cID • /Ea: $ ~f ~ /F~. $w~ /F~. ESTIMATED COS $< "p $~ ' $ rJOD • T $ ~~z~. $~_ $~... $~~~ $ 'ZZ?~. $ ~D. $ //D $ D.. $_~_ $ ~~. $ ;~~ -_ :y:.t. ' . Bevis®d-Page~32cit~90;' . FEN' N~..~Q-N_'SH GROUP~'VI I~TEM'S'`94 THRIi 111 (Continued). -tf~u:nru rv~ucs~-sou-esE: ADD~(~QUM'Np. 7 May"2'2QUr" B1D (Continued} ~ING. CHAlN LINK . :LTERE~D .MARK-E~T) ~ . B1D NU. N-X-U6-341?=BZ ADDENDUM `NO, 2 Mav BID SHEET {Continued] FENCING. CHAIN LINK tNON-SHELTERED MARKET) GROUP VIi -ITEMS 1 t2 THRU 130 Aluminum t0' Chain Lurk Fence TOTAL ITEM ESTIMATED COMMODITY CODE #98815 UNIT ESTIMATED NO QUANTITY DESCRIPTION COST COST __ 112. 400 Each Additional Line Post $.~,' ~ _!E~• ~~ with Caps if needed. 113. 8 Each Comer, w/complete $ 97y ' lEa. $ ~~~' Double' Brace Assembly ~' 114. 1'O Each End Post with complete $ l/~~ ' /Ea. $ ~~~~ Single Brace Assembly 115. 1,000 L.F. Complete Fencing lnstallati'on $ ~~ 6D /L F. $ .~~~ including Top Raii, Tension Wire, Ties, etc. 116. 4 Each Single Gate 4' Wide $ ~~ lEa. $ ~~ ` 117. 1 Each Double Gate 8' Wide $ •S~ ' IEa. $ ~~ 118. 2 Each Double Gate 12' Wide $ ~~' lEa. $, /gD ` 119. 2 Each Double Gate 24' wde /Ea. $ ~/~ $ Z.?d 120. 1 Each Double Gate 36' Wide - $ ~.~ • /Ea. $ l mss' 121. 1 Each Sliding Double Gate 24' Wide $~~/Ea. $ //~ , 122. 1 Each Sliding Double Gate 36' Wde $ ~~ lEa. $ ~~' 123. 1 Each Double Gate, Hinged, 16' Wide $ ~' lEa. $ l' 124. 1,t~q L.F. Removal of Fence Fabric $ ' Z~ 1L.F. $„_~~~ ' G ~ ~ NAME COMPANY: OF G~ . G ~/%// G~//Y ~ •` JCL-803-2007 PTlMMl0430/PSW:2D07 51Z/07 Reiriseii Page'34 of.80 . .. 61DDENDl1M Mfa 2 s':: ----~- - DfTY CODE #98815 M ,., ES.TiMAT~D UNIT ITE~II ESTIMATED QUANTITY ~'NO MO CO DESCRIPTION Ct~!ST COST . 1~5.` ' 1'OO;Each Removal-of"Fence Posts. :: ,, ., /Ea: $ '126 8fS~ours- R,e~air of E%as~r-g;; $ /~_._.,. lHr. $ .. o;~ ,, Fe~'c~ng, ,Labor- c5nly 12~ Z4E~tich Grouindm$ of Ferce;•Per F:F:L. lea. $ ~ ' $ Spec`~ie~oils ~. ~So $ ~~~/ 128. 1,OOp~L:F:. Additional Bo#tom=Bait $_ /1-.F. - 12'9 ' 1~1=~.ETED~ . ,:.:130 ~°DL"'L~'fLD SUB'T~OTAL F(~R~'ON~ YEAR~`GR O.IiP VII'Il'I~MS~':4't2 TAU 130 S"'~-.'.~ .. ~ ~ ~. ~. - SU~~I`bTAL ~N"TUI~O'Y~E'ARS G ~'tO~t1P`VI~ 1'i~M~ 112 TH~tU'"130 S`- - - pag 'S~dtita9cttr~~n`~ `~A" e 42~of 90 Sectiow'i~~1,,fof`tiasts=of p ~~rrrsn# of altowance~'itam: , '*See ACtirr~ent "A", SectionJ, page~42 of 90 tpages+for basis "of payment, tei7r~s ah~l-tequremeitt5: . -... 1~idME'~QF CQMP~4- h .~ NY.. , ' _ ~ 3~~ 3 NjA~tl:R~ I R~ZEi AUTHI; : Byaign ng thi laid the termsand condit eel yot ions of'I FC~.PSO~-~ao7 . • PT/MM/0430/PBd4ti2007 6t2ft17 ~ ' ,r~ . / G~ : - Revised`page 35 ~f'90 _ - FENCING. CHAIN LINK - ~ (rN~ON-SN~LTERED MARKET . Gt2CiU1~~Y11~ 1T1~ 131 TF~RU t4~. Colas Ea1~~'tl'1`~' Cb~ h Lrr~k 1=ehce= ITEM ES711VfATEb`: ' ~ _ COM!MOI DESCRIF QUANTITY ' NO. 1~~'1. 130°~Ead'i' Adaiti'onalUr~e Post- . w~tli'Caps if`~taseded: -'t32. €l`;~a~ct Carr-er, wJcomplete Double Brace Assembly 133. 1~~Each End~`Past with compete Single Brace`Assembly 1:~4. ~1,OOO~L F Compiete Fencing Installation- Tension Rail Ta cludin i : - , p g n Vln~e"Ties; etc. 1~5 " ~ ". 4 Eaeh Singla-Cate 4' V1fide 138 ~ 'k d~` Doat~fe Gate 8"{N7~8 '137 2`Eac~' Dot~bte C3~rte=12'-~VNicie 138. 2~:E~ch'. Doui3le Data 24'~~Nide 1:39. 1 .f^ach Dotjk5le Gate 36``1Nide 140.. ~' Each Sliding Double`~~ate.2~''`111'~de 141. 1..l=ach. Sliding [~3oubie,~Gata 36'~If1~~le 142. 1:f=aG~' " D~ub`Ie G~it+i;, Hii~t~ecf; 16' -\'l~de gas 1 txzo L.F. Ramovai`of Fenee f=abric $ 7 • /E3. $ ~d • lEa. ~ ~~~ «: /i..F 7! _-.- ~ S~ /Ea: $ g5 %r lEa: $~ lEa. $_~~:. $ //S /Ea. $ /3~~ ~Ea: ~ ~, fEa. $ • 2~ /L:F: TOTAL , ESTIMATED' COST' ~:~~D ~' ~ .- .:~ "~ -/moo ~~D $ ~" $~. :. $~.~~~ .. $ /5~ $ /:~~' $ .,f'' . $ ~ Win. Revised Page ~. of-80 _ GI~OI~h`°~Itf-'ITEM~S~134TWF~U 74$~(Corrt~nued) .: 'I'TEM E$TtMA7ED COMM4DtTY CODE ~~NO. QUANTt71(''' . DESCRIPTION TOTAL ES77MA7ED COST $ ~lMr. $_' ~'0D~ .. ~. - 14'4 ~^ 8Q`Hot~r~s Repair of Existing . ~ i^encing, Labor or71y .~. ~~: 1:45; 2 Each' Grounding of Fence,`'Per F.P:L. $- Speciirications ~O Q. . ~ 1 D~0`i F., Adatiorial=Bottcsm `Rail- $ IL.F. $ '~ . 14B DELE'(~' ' . 1'4$ SUBTOTAL FOR' ONE"YFAR•"s;ROUP VItI"ITEtN~S 131=7HRU 148 $ ', . SUBTOTAL FOR`TWO"Y`~ARS GROUPS VIfl ITEMS 131= THOU 448.5 Revised`Page 37 of 90 NOtE: 'Tate °Ia~discour>t of~red` Wtli be factore'd' (rxto this n 'ftw~is lan~era~fr~s'~pe~s~e~1~s prevYous<<aP{a~icable verbEage: .~.~.~~~,.::~~:>~a ,~.:e.M,~rc~a~,B ~ ~ ": 9~OE?<A~M.;A~i~1D~_4~ RY` .. YtV ~•V. t~I~A-v.~r~rr ~ . , r ._ .._... LQiCA7'~D iN`~Rb'Ifi11K~b COUNT'Y'DU NG TH .. ~ OYES ~' NO YENDbR'FNC# 5$`1 $48-44'C6 . _ .._ . . ,. ,; . • WILLTHIS ~ItlCIC1b'BE~EffY'ENDED'TO OTHER GOyERNMfNxS•t:OGATfD:IN DA'DE OR pA~LM BFJICH COUNTIES? D YE3 ~1 NO OTHER GO~IER'NIVIEN'741ACA'1'e~'~~IN THE'STATE OF FLQRIDA? • OYES` ~' NO ACKNOWLEDGMENT' IS.HERI=BY MADE OF THE FOI:.CbWING ADD~NOA OR AMENDMENTS (IDENTIFIED'BY NUMBER)' • r:r.rwrn'aiurC ICC11ANf'F'AF THIS SID: .~ :1'~-8' arid~..9-1 1 E-Mi17L ADDRE~$. aT~~ ETC :... ;.. •. . . .. ~oraxa~~: 59-1892.263 _ ~E~PER fl: REMl~'~4DAltESS:`' 8b2.13~th Street -L~,ake Park FL 33.403 ~~:~D1~iER: 1, . , Please check the Federal Erriploy+er's-Iden~tNCation' Number:(FEIN) and ocher Infarrttafion an the face of:fh~e !nVlfaffon.fot.BkllBldder Ackndwietlgmerit:Fom} (IFB) and.MAKE APPROPRIATE CORRECTIONS ON THE IFB. IF THE COUNTY DOGS NOT'HAVE`TNE CORRECT'INFORMATI~N; PAYMENTS CANNOT BE MADt= TO YQUR '';FIRM. 2. ` SE SURE TO'HAVE THE INVITATION FOR BID, [BIDpEIt /Y~l~(OWLEDGINENT FO~t2~lEj S~bf~1=~D~.Y'~-N AUTNORIZGD"REPRESENTATIVE OF YOUI2`FIRMrOR YOItR BID VHlll NOT BE CON$Ib~l~ER kE;3'~'O'NSI1(E: . ~ N~i~AE 6~~G0~1~l~F~h-"N;Y: Me~ti:n Fe:~ce tra. .. p~rL,~'~b$-2Q07` Page 40 of "90:, 4/4107 PREVIDUS'Ct7lY1'RACT NO. Tai-04=113-81 ATTACWMENT' "A" SPECIFICATIQNS AND~REQUIREMENTS FENCING: CHAiN LINK (NON-SHELTERED MARKET) BID NO. N-X-06340-B2 `GENERAL SPECtF1C~ATIdNS A. Successful~bidder {here'mafter referred to as the Contractor) shall furnish at tiffs expense atl supervisors, equipment; .tools, materials; tabor, transportation, and other facilities and- services necessary to properly install/replace and/or repair chain link fencing on a regular and- emergency basis. B. Safeguarding of~all Contractor--owned equipment, tools, materials, vehicles and surplus'fabric is the responsibility- of the Contractor and employees. t3roward County assumes. no direct or implied responsibilitj- for the theft, vandalization, injury or ottterundesirable actions occurring to or performed with`any Conttactor-owned-materials. C. The Contractor shall. "be responsible for the. protection of all buildings, structures, and utilities that are undergrpund;'ataaye ground; or on the surface against damages resulting. from his operations. All damages incurred shall tie repaired/replaced by the Contractor to the satisfaction of Broward County at no additional cosYto the County. The Contractor shall re-execute any and ail work that fails to conform to the requirements of this Contract. Further; the Contractor shall remedy anydefects due to faulty materials and/or workmanship whcti`appear within a period of one (1) year from date installation is accepted. When'an installation; replacelment and/or repair is ident~ied at any facility,.a.f3roward`County Administrator/Project`Ntanager will notify.the Contractor ofa need for, and the requirements of, new fencing or repair of existing:fence. Notification will` include name and address where work is to`be perfoinied, name and felephone numberof contact person and type of work required. E. Wrtt~in two {2) working days-after receiving notfication, Contractor shalt contact person designated and arrange fora site inspection. F. Wifh~ti'~five={5}calendar days after making site inspection Contractor shall provide a written proposal, in acxor.dartce-with`prices' bid herein, to contact'person. Proposal shall clearly indicate work to tae performed; a~diagram of the configuration or verbiage indicating the nature of-the installation or repair, the`instailed unit price for each item-used, date work will commence and number of calendar days regnired'to complete project. G. The Using' pivision, upon receipt of proposal and a purchase requisition from contact person; will issue a purchasecorder to the Contractor. H. Upon;eriteririg.any County facility to initiate repairs or develop the worts requirements (proposal), Contractor's~employee shall report theirpresenoe to the-Main Office, sign-in on the visitors log and tae issued an I:[~. badge at all times. Emphasis should tie placed upon causing as little as possible disruption'to°the County's operation, and comporting themselves in the mos# professional'manner possible. Page 44 of 80 PREYIdUS CONTRACT'NO. T-6-04=193-B1 ATTACH~IAENT "A" (Continued) SPECIFtCAI'If~NS AND REQt~It~"tl~NIENTS FENCING. CHAIN FINK (NOt~1-SHELTERED MARKET) BID`NO. N=~C-06~40~2 Broward County Board of 2. Pay-r-ent.'by the-County of a permit fee will be at the contractor's out-of-pocket cost; with no markup; profit; or other addition to the direcf'ouf=of-pocket cost. 3. Payrneiit iNill be by request of the contractor, who must provide a photocopy of~the pain' bill for the- permit fee. J. PASS-THROUGH'. This contract has apass-trough for materials and services not otherwise covered in the contract, but which are necessarjr for the completion of the project (e.g., sod, clearing and.grub6ing, fence material; for repairs,-etc.). In a situation where the County elects to have the contractor supply materials, service's; grid/or equiprrmen# and no prices for same have been established ins this contract; the vendor must'use any existing Broward County Price Agreements. If there are no price agreements to cover, the vendarmust get three quotes; and use the lowest quote, and wilt submit venficafjon of,the quotation's teceiveti as req~uir?ed. The vendor will then supply the services and/or materials as 'part of the:project at a direcst pass>through cost (actual invoice price); ahd-will be required to submit a finaFbill of materials `and/or seniices with unit costs far each. This shall be an itemized list ofmaterials-and/or services supported`by copies of Invoices with prices paid by the contractor. Original`docurneritation as pn~of of purchasemust-t5e submifted`with al! invoices to validate the cost of the pass-through: Such materials and/or services must tie requested and approved by the project manager in advance of the contractor providing-same. "FCL-PBb3=2007 4/!1107 ~9e ~`~ `~ ., PRE~YIOUS~CON'f"Ri4CT'NC~. T-6-0a=~f13'=B1 BID NO: N=°Xr0i5~3~10~2 SECTION<Q2834 - CHAfN~LtNt~C'l~ENCES AND GATES P~IRT 1 ~f~YEiRA~L 1A1) SCOPE: A: - TMe work described in this seetiorr consists of famishing all {atior and -nateriais to complete alt work to install `fenang and gates. 1 02 ': VYC'~~fK-di~tCEUDEDr A. lnstellafion bf fence framework, fabric; and accessories. B. t=xcavation'for post lases. C lnstallafion of concrete anchorage•for posts and center drop for gates. D. Installation of rnanual~ gates and related hardware. The cost of ail'gate posts, caps; fittings; e#c. that are:necessary~in order to install and operate a complete gate assernblyshatYbe "included'in the unit cost of each gate item on the bid sheet. E. fnstaillation'~`r©Ilir7g gates and relafed`'hardware. The costs of aN gate. posts, caps; fittings,: etc: that are necessary, in order to install and operate a complete gate assembly shalf'be included in 'the' unit cost of each gate item on the bid sheets. F. Removal of old fencing including legal disposal off site. G. Repairs°to ezisting fencing. H. Grounding; of fence per FPL. specifica#ions, (see attached F('L sheets a-88:0.1:&2 and'a=88019=1~. i=ach cost item' orr bid sheet will include a grounding rod with its f~ond'asserribly 1.03 ~ 'R~I~AAT~Q IIY~~RK~t~ECIFJEDarLSEINHEREIN'~THE' SPECIPICATiONS: Page `43 of''e0' . ~~ .., pRE1%101,jS`CiJNTf~ACT''NO~ T6-04='11'3=B1 ATTA~HMENI° "A" {Containued) t=EMC1NG; CNA1N';LINK (ICON-SH'ELT~I~ED MARKETI B1D N0. N'X-0:6-34tfjB2 SE~TiON,D2834 - ~HAtN ~L' INK° RENCES:AND GATES (Continued)' PART') GEwERi~L (Continued) 1.04: PRE~dNS'f3Jk~LATl01~!SUBMfTI'ALS: A. SA 'PEES: Three (3) fabric material`samples;.approximately'6"'long, or b" square;,pnst . section, ahd typical accessories to be used in any project, upon regt,esY Fiy the County. B. SHOP DRAVYiNGS: Submit including plansand detailsi~ustrating,fence-height; IOeatiian and sizes of tSOSts, rails; braces.;:-.gates; footings; .and accessories to be used in any p'rojeot, upion request ay the County. 1 A5- all tags: and labels `' PR~~i0U5'CONTRACT NO: T-6=04-113-84 BID"NO N X~fi`6~Q=B2 ATTACHMENT "A" (Continued) SPECIFICATIONS AIVD'f~EQU1RENIENTS FENCING.CHA1N :LINK (NON-~-F~tEL7>ERED' MARKET) S~~TiIaN`.021;34 - GMA1N"-LINK FENCES AND:CA TES (Continued) PARfi 2 PI*ttaD1~C'~S .(Continued) - 2 02 'FF2IiMf~SSRKz;- {Continued) B. LINE; POSTS: 1. General: Schedule 40-steel pipe, hot~dipped~galvanized in accardance with ASTM' F 1083-96. Maximum spacing: 10'-0". a: Fabric Height Under 6'-0°; 1.90 INCHES O.I?., {2:72 LBS./FT.). b. Fabric Meiiaht-6'-0" aqd=.Over: 2.375 INCHES O.D., (3.fi5 LBSJFT.). C. GATE .POSTS: Scheiuie 4.0-steel-pipe, galvanized`in accordance with ASTM F1083=96 and sized as follows: VHEIGHT . GATEkLEAF'~Wit)TH PAST-SIZE jOD.) PEit:LIwEAR FOOT Less tliaa 6"feet 2:$?5 inches 5:79 pounds 6 to 12'feet 4:00 inches 9.11 pounds. Over 1'2=to 1:8 feet 6.625 inches 18:97 pounds Oven 18' feet 8:625 inches 28:55 pounds D: R~klLS~~IND;~I~CES: - Schedule 40"steel pipe; 1:66 inch a.d., Type I (2.27 Ibs./ft.} galvanised in acxordance~with ASTiN F_1083~96. `:PREYIOUS`COl~TR~rCT`NO. T-6=04=113 $9 ATTACHMENT "A" (Continued} SPECIFtCAT10NS ANt}'REQUIREMENTS FENCING CHAIN-LINK. jNON~HELTER~t? MARKET) BID NO N-X=06=340-82 - SECTION .02834- CHAiN LINK FENCES AND' GATES ( 'ntinued) RAR'iR`' 2: ` PRODUCTS ~ (Continued) 2.03 GATES: A. GATES: To'tie swing or sliding as indicated on the purchase order, complete wrth latches; stops, keepers, hinges, or roAers and~rogers tracks, and when s0 specified, with provision for three (3) strands of barged-wire above the fabric. Frames• Construct of Schedule 4Q galvanized-steel pipe in accordance with.A37M F1083-96 welded at all comers or assembled with frttings. Paint`welds with'zinc-based paint. Vtithere comer fittings are used, provide with truss rods of 5/16 inch minimum nominal diameter to prevent sag ortwist. provide gate leaves with vertical'intermediatebrocing as regGired, spaced so that no members are- more :than eight (8) feet apart.. Provide gate leavesten (1:0) feet or over irrwidth or if fabric height is 8 ft or more•with a horizontal brace'~or one 5l1~6`inch minimum diagonal'truss rod. Additional horizontal, vertical or diagonal'rnember or diagonal truss rods may' be needed so thatthe outer members shah not sag iri excess of the less r of 1 % otthe gate leaf or 2 in. When baitied wire top is required extend the end members of the'gate frames one (1) foot above the top horizontal memberto which three (3) strands of bart5ed wire, uniformly: saaced. will't5e attached by use of bands, clips or hook bolts. Dimensions and weights of gate frames are to be as foltov+s: a. Frames Under 6'-0" in Height - 8'-0" or less in width: i ,fif> inches o.d., (2.270 lbs./it:) to>matdfi main framing; top and-bottom members on sliding gates - 2.38 inches o.d., 3:651bsJft. b. Frames 6'-d".and Over in Height - Uver 8'-Q" in width: 1.90~inches o.d., (2.72 lbs./ft.) to match main framing. 2. fabcic• To tae the same type as used in the fence construction. Attach the fabric securely to the gate frame at intervals not exceeding 15 inches. 1"c~-~8d~~ao`r 4f4fQ7 Pdg6 46 of 90' 'Iy~LEYi'IC~SIi}a ~0 '~1''~i'i"I~10. T-~'i',~41~3~31' BI© NO~`N XN'06~'+40~~ . ATTACHfNENT~"A" ~Pl:Cf f~JirA't'10~I1fS~A~l1!® R~Qt)11~E#11~ENfiS !~~N.CINEa tHAIN LIN . (NON-~HEL~"ERED MARKET) .. ; . ~ ;a1=~~",~~11~ fl2$34 -CHAIN LINK~FEN~ES'APyD:GATES' ... _ - . 'RA~~' ~! P#~~~U.CT~ (tvontint~ed) .. ~ , 2 0~ ;GA'TES' (Coratinned) A'. GA7S~ (Continued) 3. Mi#~ ias .. .: ~ To be.sgalVanized -.and of adegieate strength fair the gate, and'~irtth Earle beanrg surfaces fior clam'p'ing tn`position: The` fiinges`arB rioYto~~twst or ; . ; : .. . turn under the action aftte`gafe: . :~.... ~-.: 5,' Swing''"Gates~to Fie perASTM f90.0=94 specifcations unless otherwise noted: - - 6. S#d~ng--gates to be per ASTM Fi 9`.84-94"Type'll; Class l and acaord~ng~to ' ~ ~ . ... ' attached standard-detail draw~ng'SD~24A arrd SD-248 2:44. CMY~iN~LI~KfASRIC: ~ . ., FG.k~-. . !4ls107 ~ Page 4T of 90 PREYtOU~$ COFN'1'RACT fVO. T-S-04-~1'[3~'I ATTACNME~VT "A" (Co~t6inued) SPEGff=fCA'ION5:A1~fD RIQUII2fzMENTS FENCING:.Ci~fAIN LINK (N~N~-SH EL3'ERED` 11AARKE SE~TIQN4d~$34~- CHAfN LINK F~MCES'ANDGATES (Continued) PART'2` t?f?i~QUGTS =(Continued} 2:04 fN~'s1t~IKa=ABE~IG: (Continued) A. F/~1BR1lE: (Continued) t31D NO. N=X:06-340-82 1. f=our t=oot_~f~fisth~-Fence: 1"wo .(2) inch mesh, No. 9 gauge, l 3-'/i diamond count, b.'! 48 inch nominal coated wire diameter. 2. Six;>aootHsgh-Fence: Two'(2) inch mesh, No. 9 gauge, 20-'/ diamond count, 0.148' inch ndrninaf coated wire diameter. 3. Ei~ t i"oo#~M~ah`~i~: Two (2) mch, mesh; No 9 gauge, 27--'/ diarriond taunt, 0.148 inch nominal` coated wire diameter. 4. Ten~.fao~~finh :fence: Two {2) inch mesh, No. 9 gauges 34%2 Diamond count, 0.148 inch nominal coated wire diameter. B. SEEVACE'EDGES: , Knuckle fabric' 60 inches high and` under on both selvages. Knuckle fabric 72 inches' high' and over at't~ottom selvage'and twist and barb at top. C. FtNISFl: Atumiitum coated fabric shall conform to the requirements of ASTM-A-491-96. 2:05 . CON ~`RET :. . A Consisting of'Pot#iand' Ceittent oornpiy'rng with ASTM 0150; aggregates . complying With ASTM C33; and'dean-water. -' Mix materials tv obtain concrete with a `minimum -28 day compressive strength of 2500 psi; using` at least'4 sacks of'cement per: cu. yd., 1" mazimum`size aggregate; rrtaximum 3" slump, and 2 to 4 percent entrained air. F..CL-f'843~007 . .: 411707 .. Page 1$`of `90 "~-I2E/I~US CONTF~:AGT Nom. T-S04=113-B1 Blo~NO: Nix-as-~o-BZ PART?2 R~DU~T$'' (Continued) 2:06` `AG~ESSORlES: A. All in accordance'with ASTM F626-96::, Coat accessories with same cnateriat~as framework; urfess otherwise--noted in Wiese specifications. B. FOST`TOPS: Pressed steel, or malleable iron. V11Fiere top rail-is used, provide tops~to;permit passage of'top rail. 1Nhere b'ar#~ed wire is required, provide tops witii barred wire supporting arrns. C. TfiNS10N VIfIRE; Type 1 Aluminum Coated°conforming'to the requirements of ASTM'A82486. D. VIfiRE T1E3; MEnimum nine U.S. gauge size, spaced 14" o.c. for tying fabricto line-posts and minimum nine U:S: gauge size, spaced 24" o.c. fortying fabric to rails;and braces. l=or tying fabric to tension wire, use 9 ga. aluminum hog rings spaced 24" o.c. E: TRUSS BRAGS: Consis#~ng of a 1:625 inch o.d. brace bar, gaivaraized in accordance y+rth ASTtN F108~96` and weighing: 2.27 Pounds per lineal foot plus a 3/8 inch-diameter adjustable tfu'ss rod. F. -BA#ZBED<WiRE SUf~PORT~,NG+ARMS: Galvanized pressed steel; wrought iron,. or malleable iron, complete: with provision for anchorage to posts and attaching three (3) rows of barbed wire to each awn. Proviie a'singte 4.5 degree arm for each post. G. BARBE,~? WIRE: Two (2) strand, 12--'/Z gauge'wire with ~4 gauge; 4-point barbs spaced~fnre (5} inches on center. Galvanized' wipe conforming ASTM A121. ~Ct,: PsOai=~bo7 . Pa 4g` of 90" ~~ . ~ I .. 'PREti1bC1S:CONTR~\Ct N~0 T-6-0471'3`~B'1 BID N©;`'N~X~I6~3'41~=B2 ATfiACHMENT ,`A" . (Continued} .: . . SPECIEICATIC~N3 ~aND~R~QUIREM~NTS . ,. FENCING, CNAiN-LINK :: , . .... (NON-SHELTEREB MARKET) 'SECTION~b28:34 -:CHAIN ~iNK~a~ENC~6 AND'GA1T~S_ (Continued) ~ . ,: • -~Af~TY3 .. E-ICE~l17?i~N (Continued} 3A2' '`INSTALLATION `('Continued). B. SET-~'iNG:`,PC?$T3: 1. Clean post` holes.of any>loose= material and moisten sod prior to placing `_ . conceete. . ... _ . ~ - 2: Piaeerand align posts in center of boles and hold them six (6) inches' atioye>tiottom of excavation. 3: 4. ~ . C. TOP`FtAiLS- . ~~_ Run rail continuously through post capsor extension arms Pfo-nde ;expansion . eoupiirgs as recomiY~endird byfertcing manufacturer.' Rail shall be•`kept urifomy~ ~ . • .~ : andlevel except in areas' of non=uniformrgrade. D. "E. ~Gi~.~sa~:do'~ 4'/.AIV7 Page S4 of : 90: ~ . PREi/Id~S~C(3t~13`R~1C'y' NO T=6=041.1.3=B1 BID I~b:°F) X~6~40~2 ATTACHMENT "A" . .. F. ' rt~110N VIr!~ff t .. ,. .. , . , In~tall~#e~sion wires~befote stre~cti~hg;fabrlc and tie to each pos# with ties or clips: ' G. -. .,' N ... ~ l: J. ;.K !_, .. . ~'~ ~ `PR~'/IChUS ~~I!'ITI~ICT N.U. T=6-049-13-B1 . BID NU` N X-06=340$2 _ ~ ~ ~ A7T'ACt~~IA~N'f "A" ..-~ (Continued) . 3P~~I~ICATIONS•AND;kEQU#FtElVI~NTS; FENCING. CHAIN~iINK: :.~ ~(fal4Ki-~SH~LTERED~MARKET~ . 3~~~©i~`flg$t~5- CiDLOR COAT~t3'`t~HA#N>LINKPENC£5 AND GAfiES ,~~~(tT' 1 ~LN~RAL:' . ~ -~ '1: 02 `RELAhED'WORK SPECIFIED ELSEWHERE IN fiHE%3PECIFICATI~NS: . A. Chain Link Fences and Gates- Section 02834 ~. 1.03 #al~E~iNSTALLATI4N,SUBMITI'ALS: .. _ A. ~~ ~ `B: - _ ... C .. all tags a~id~l~b~els ' Pk'LEVfOC1S Ct~NTi~1CT NO. T-6~4-113»B1 BID NO: N~Xf06~M1«82 AT:~'ACHfiA€NT "A" (Continued} SPLCI~iCA'ffONS ANb RE(~UIREMIIE'IstTS . FENCING; CHAINsLINK (Nfl~N-SHELTERED ~i1~A~t~'CET} SEG'I~IOrI<(~~835=. COIOR~C4AT~b~CHAIN LtNK`,~ENCI=S ANE1 rGkTES (Con inued) I~AI~'~ `1: t'~ENEI~AL?(~ohttnued) "'t:n6 WORK"'INCLUDED. - A: (nstaliation of fer~~~frameworlc, fatirrc, and accessories: . ~ . B. ~>arcavatit~n-for post~:l~ases. ... 'C. ' -lnst~iiCattor ~f oohcr~te a~icfiorage for posts and'center drop for gate. ~ ' D . E, ' . . - `F: FZ~rnou~i of'o1d fencing ir+cluding legal disposal cff'site. G ?F~epeir~~o'f Basting fencing: H: FCL~BI1~~07 . .41~bT' Page 6'~-of 90 , ... _ .. °'PFkE1f1aUS~:L~NT-R~1'~~~Nb. T=6-0~1=1~ti~B1 ATTA~CMMENT~`RA" (Continued) ~SPECIFIG/.-~'I:O~S ~A~N11'f~Z~QU1Ri=MENTS FENCING, CNAIN LINK (LION-SH~L7ERED MARKET) BID NO.N=~C=~'GB2' . PRE?~!,'~q-jll&~G'~4QN'~~'CT i~lfj T-6-4~'11~3=B1 BID NO:~'N~X~16.340-1~2 . ATTACHMENT"A" `2 03 ``~I~AIVI~'W(~ {Ganf~nuec!) r., .. &ECTION~02835:.~ CO~OR.~aA?EQ:~HAfN LINE°FEN.CEa.k~+EO ~A~'~~ < , :.:.. ~ . ~ . (Coi~tinue~) R~1RR~~. ,t~~{~.DtfCTS~(Continuetl) . 2aJ3 FEtj4illlEVlft'~I~K. (Co~t~nued~} ~ . ., . - . ~.:; ~:; E. -RAILS AND BRA~EES: , ... ~.:~.~ ~'.: ~'~ ~ Perms-Fused li DQ40 (Type 2} , 7°:~6 ~nch~0 D.;.(.1:83 R~BS.EF'i':).in-, Y p~ .. ... .~ accordance with AS7M F1043=95": ,. .. '' .~F Cotor'to be in accordance with Master Halcc,°coiorcharf for~s#. ,. ~ ,green; mitinighf`black,.than sierra' brown}`: ,. .:. . . .~ .., . ~ ~ . ~ ~. FICi~'L3b3-200Y 1147!0'7. Page 58 oT` 80 .. , .. SECTION X02835'- DOLOR COATED. CH~-lN=LINK FENCES. AtVG' GA'['ES ~ ~ - (Continued).: PART 2s PR~bU~TS"~(Cohitr~~ed) - _ . . " 2 t}4" . GA°°~ (Continu~ij ... ... ti ~., ~~ .. ..: ..• ,. .. b: Frames 8'-Q" and Over in Herght -1 9U inches ~U. t7., {2 28 ... LBSJFT:) to'',:match main":framing;;top'.and bottom-memt~ers,oti slyd'rng:gates 2.38 niches O'.D., 3:11 LBS:/FT. main framing: . 2 . 3: ... 4:: .-- -~::., Swing gates to' be per ~kSTM'F900-94 s • ~ -. . noted.. Aions unless:otYen+'vi~e $: Slidin .. g gates to be per ASTM F11'84-94 T~rpe !{, Class 'I, _:~nd cor~tng:ao . aftached standard~det~rl_dr.dvrriigs'SD-4241 and SD=426. FCL'03260r .:. 1/4107. ,. Page ~ +of :80 '.~ . ~ Knucicie fabric' 60 inches high and 'undaron' botfi selvages Knircl~te ~fabnc X72 . , - -inc;izes high and averat"bottom selvage`and twist and barb at"fop. C. Color to be in at~rrlance with iVl~ster-HafCO color chait'(focesf green; alive greed; raid~higfit tilack,' fan; srerra-brown). ~ . .. :. „ . .. ..°~'f,"'f1'Q~k1S'Cfl~li'~14iCT:#~10. T-~-0#.-~ 13=B~ A'f1'ACHMENT'`"A-, ~~ (Continuetij .: SPEGt~1~GAT1.0'1~~`A`Nb REQl31REM~NTS FENCING CHAIN LINK .. ~ ~.-(,N~ON-SH.ELT~RED MARKET) S€?~i`J6°I±ie~O~$~~ ,.CELL-OR:~C:OA~'~ED'w+t'~H~Ctfil: Llt~il~~=Ff_NQ~~ PJkR~'`~t ~.t~3s (~oitirtued) a7~ a~~~~l~~~s: A ~'Ati ifi accordance with ASTM F6~6-96 .Coat accesso'ri .. _ ~. ' , . fabtc and°framewc~rk Perfrfa-Fuse°ai il-edatshg"6' mils mir ~: ;B : `P057 TOPfi: - ~F'ressed steel, or`rnatfeabli~ iron When=top rati~is u'sieii • .: : 'passage of top rail: Where'barbed w~reis required, p~ov ... "`. Supporting arms: _ C TENSIQN WERE' A~Ib HOG RINGS; ... Coiled spring tension wire of No. 6:gauge'viriyl-clad gai~< ~. ~~ Stretch along fence tottorn antl securety'fasten~to:fabitc~~ vinyl=clad flog rings at inteivals of`two (2) feet. .. ., D TI VIIIRES: 'No 9 gauge vinyl-clad galvan~ze~d steel wife,.spaced '14"` ?lire posts and minir~tum nine U:S: gayge „size;-spat~d'2 r~ilsand braces. For tying'fabric`to tension wire; iase:Nt_ . ' arrags: spaced 24"'o.c. `E. ;'~R~ISS-BRACES:. Consisting of ~. ~ 625:mch ~o;d brace bar; ;galvanized in as f'C483~=96 and ~:rrveigting 2.27 pounds per lineal° foot pigs a . arijusti~bie truss rod. F: ,i3ARBEb-W~!'2~ SUPPpRT1NG AIMS: Rressed steel; wrought irori, or malleable°'iron, corxtplete~yi ~~ .~~ , - ~ an'chowag~ to'posts.ancl attaching tires (3)' rows of~bart~c ~~~ ~ ` Provide a single 45 degree atm for each post: G; BARf3Eb WtRE: Two (2)-Strand; 12%Z gauge wire with 94 gauge, 4 point ba ~~ ~ ~ • ~~~ ~ ~~ ~ • ~ inches on center. Galvanized wire'.conforming to AS'FM'A i`c~;;-p~s8o~f ~,1io7' . ~,. BlD N~.'`N`,~.~O~-SAD-B2' Page':64''of 9~ ,. Sf~Tl0~1~~~~35- C~LOI~2.~OATED~;CHAI~I.IaNt~~F'EN~~aAM©,,CAT~S` . (C,~ntiniaed) _ PAR'S<3. 1=XE~t~Tt~3[~ (Cortiriued) . 3 0~ 'IN5'ifi~' x 4 '?t'hf~N. (Gonfinued)~ .:' ~ .. Iii 2; -Place-and :align posts in center of holes: and hoed fhen sic (6) in~es above t5ottotr~ of ezcavatiot: ,. 3. ..:~ I - .. 4'. I C: .. . ~fl.. PRI='Vl+Oll~:"~ON`#•~~~'' NO T=6-04-1"T3~3~1 BID%NO: N-~-06~2 . ~ ~7~~:V,if~VGl4L71'L"1~1L`L!'illlI•tF~f1(G~~11 ' ' ~ S~GT1d~t=tr2$~35 - CULOR -COAT~D:CHA1t51 LtNtt FENCES "AMt? C~+iATES° .. (Contihued) . ''PbdRT';~ ,FYF('_t1T1nN'/C'.nntinr~ar~ll H. TENSION. BARS: . ,.. .. • . " " ~~ ~~ Thread through each fabric loop and secur~to posts with metal tiaslds spaced;l5 .. . . ipc ion eemer. .'..' Use U-shaped wires; cohforming'to diar'neter`of post fo,whi~ch;attacl5~d, ctas~ing . pipe and fabric firmly=wrth~ ertds twisted at' least'two (2j full~tums. ~ ~Berid ends of 'wlreto~'mlrrirni~e ha2ard~to persons orGothir:~g. ~q~-Pew=`xom " A14IA7 - .. _ Page 64 of 90;' . 'PIt!~-1bUS'COW'Fft~CTNO. T=fi=0~4-'f~1~3~B1 .. SECTION' 02835: COlr01R 'p/~i~T'>~ ~CECt~'~1'1 ~~, 'tCoritir~ued) • 3 02 ~ ; IN~'irALLA7IQN (Continued) L. BlD IjIO' N X-0~6~340~ 82 ~~• ~ ~ _ ;M. RU, LPL`: POSTS: •~ • , • Install' pull pats with braces in straigFt runs'of fence not to exceed 400 fe~f and` .;. ~ irifenrals not exeeediag 400"feet. 3:U3: 'RENI4VAL: A. NO TjSy04'1~13=81 N m.... ,:.:: a :. ~'.' ,..~ r Q ~ . ~: ~~~,: "PFt~V10U5.Cb~iTt~1 ~~1~~ ~1~:~9> ``B)© NQr i~:~`:A~1~~=B~ . _ AITl`ACH~EtdT "~A~1'" . CfF~~A1N~NG N~Os~3 . -~ _ .. -~- FENC4NG' GRAIN LINK ~ ' r ~(~I~.Ot~•-SHELTER~D'MAR~~` ._ .. ....• ,_ GR~UNDtNG OF .. . - ..: CkiAlt~f`Lt(V}C 8~'INpUS'!'RtA~' TYPE .. ,: ; . :. FEN'GES AND GATES 4~, . . ~ ~~~;:' ~~ exec m,wA a~-._s.;;._:, oc r :~~ .,..t. .~. .. . ~ .. _ -~- ~ ~.~ ~. o,- .~". ~a _. .. ,. . .. ,.~, :~:~a. , . r~wecs r,~iuta.a=:'.aogwlz~s'rt.'wi4K~•~w.r.: - ftiio trtii~w .nu; ~ .. ..: ~ ~ ! ~:. Po ttu. ~ ~0~7 ~. Agartciw ~ pOC'DAW d:! . S/+7" ICk'•'P• RW b N.C~-. ~~ ) M aat4 C1P i'taT . _ Sw11tWl~' ('120~OSbg~~ ~ I _„l.e~~~a~i, ~,~ t+R~fAk/~AYR ra+i~Ar~~tY tbAri<.~r llMd .D~~M •~~~tstdi'.' ., . =1 bR MM.iAt/ • ~' _ ti!VNav~{It~[I'Q'ILaw~ And ~t rwcr.AU c[. tqC ~o5r't-trill 1SR ••~ ~•LL 7 ~ ~ .. ittt'i~+A.tM:wM'l~af'fM.,~'~sti-+M-~naX Gewtd'LASO~ 7 F~wWrtMW. ~~ ,ll t4.nf++oor~~1n. -¢z~*iia-ac-+~al m+~ •t~._~' FtiG.trh _~ ~~~a~io-...-A.n o.c_< `~7~ ~a ~ ~~. a ...r .t~u~-5) ~ tv.~ air, r ~ .e,,. , ~M „~,t,. -. ? ~~ ,~,. c~ _ i...rw~.. ~..+~ ~ r _ ~ (i ). f< a: PREVIOUS CONTRACT NO. T-6-04743=B1 ATTACHMENT "A-1" DRAWING'NO.4 FENCING. CHAIN LINK (NON-SHELTERED` MARKET} - - Idt:/O~tfRIF...TG'. OETAtIx S:ORSL. ': pl~Wi'0~~4'AOO.S.. .. ~~ ~ ' iiC ~OErt11.. L - rwtrr ~bM~TIaM eiTw+C x ' ~. ~ee~rww: er"awww~tu aw~ia.ots - ~~•-. To wrbwiw~+oK~wwM--oF-w. ie.e'~ ~-•~ ~ nt Tcx wrorwc "ro 11 Ti a:I.as x a ~.-* oarwK. ~ PEfCL roar'wro~.cAtE rosr rneousrr¢ ' •,~,' -G 1'~T OIIOMCIMG - / L ~ ww.r-~O~wr sW.L i VwWi® t GMCf~YO~io WM w /ai0'GS SiYT w 18K.CT L.O~LR TYW.-20, ICL2~ I MO'~I,T~ P/1.-ReONT+O~-i-wT~ 11M1LL-f1E 'O.`~AI'11 NOi c~ ~ s~Imrf-cr-v.T or :- inu.Tw.e~ ~.n..; r.c~. ss-.w.rwr a - ~ see «scr ar..an.~oww~u~ ~¢'ncra ~.. . r PcMCSS iMtT'CR06'sil R~olT.pr.~'~I LYta..K owo~.oaf ws ~r-o+ gETYI L '' . !d QwTESw RdCtt 7MwT CIW6x Ph IUWTe9trlfAY, ~E G'ROU~4lD'-3 6N0~1N ~w PCTK'7: ' ~.wTQ'lll TIYT -AIIE P~/Y ^ w.0 nTMM iTl. RWMM%.r~ ~- '~L K 010/OfD Al x.~o.w.M OCtwIL ~. ' i w3TAtL~MCH WYC1t~EGM0IGLIO~R04':O/11ptl'iFl abrw~~w~pr ~eea~~wfrDa awauo s: ss~ awD`OR ~{i7R ~'stl ' 1 C OiloYO IIMiC.O'YTd CRO~AO fwYL. ~ s RiMIi ~OCTi+1: 6 IVIY . N ~^. QATE~.rpbT 61~0{1p1i0-~""~~Y y ~q .a-ar:-~e.+ess.o. oa+rcrows rem .u.:rr Q CwLYwmrzm /0~06i (R7MR 4 . ~--- ~Y rf~~T~ =Iw R~ -~~~ Sl1F'EASEDE$ 5'911 'TRANSM35SZQN IlKSTALLAT.ION SPECZFICATIQNS. MIIG.E '~ .: i'. !~ Pegs 69`Of~80 BID NO. N-X-0640-B2 GTE IptT ~` ~O'.EwO~ ST OIY ~wAd SIR "~P~t(Call~`-'~f~M~RACT'NaD T~•O.rt-11B1 B1D NO''C-I~X~16~40a~'1 , ;: . _. ... DRAWIisf'G..NO 5 . FENGiNG, CHAIN-LINK • jf~ON-SHELTERED MARK ET) ~ oorar a,als'nn~ct* • ~494L'iS - - - - - ^ ~ ~.... ,} ~~ ~ ., , . - Z,~Zf~ . , ~. _ . ~ ~; ''~ 2.ens.C0.l9p ~FRONTA,K I ~ P A N ~ 1 - . - - ' , ~. oArxs,n, - ,,, CAUDPY Ot~L~ , ,~ ~~ i 1 I .. a.. I ,.. _ _ _ ~ _ • ~ I .., 1 ~ i r - /` w s ~ ~G4.Y«c , t ~ ' I ~ ~ ' ~ i~ + ~ ' ` c..xa ~2~ms4ve~41 . . r: ~. ~ I 1 ~ ' ,~ M ~ ~;,hffy - ~; '~ ~ I' . ~ F . ~ - '~ ~ . ~a~ ,.,~.aw~F.~~ :r tt ~ ~I ~_ ~ l ~IV Q .: - VAfil:~l~ FRp:~LT ELE ELEVATION, • . ~, ~"FDR FO TNl~k RAttS. .-~~`A•~ PARi(5'AIQD Rt'CRFA~Ofi DP~QN, ... 5E6 t0YlR`-LEFT Mi ltafh-. Or, (401. Pknld+JaL fiaAdO 3J724 . ~. . Bi[CK bTOP` StEVA110N - .•. , wr It'src , X01 Rv .~ >~ - fCL-f~BO$-2b0T A74/0T .. : " ' : 8 ` ~. , . g4s T~1 P rpf 80 BID w0: N'-X-06~10~2 Pgfle`7Y.of 80` ... >'"'IbE)~VIV4~.~•1VIVii-Kl~iL1_LY,tJ. `~'-t~tswe"'rarer=~. DRUG FR d~spensing;~~asession, or use'bf a . +,.~n fi4 taken against emoloVeeS for workplace; and employee assistance programs ands. ." ?loyees for drug:.abuse viola#ions occurnrag in the?vy4~lace copy-of ttie statemeat'required by subparagraph (1);~ . subparagraph (1 ); that as a condition of employment on a; 3Ss conviction of; or plea of guilty ar n'bIQ contendete to apy ~utistance law.ofthe United States or-of any tate.;?fora than 5ve days after such conviction ~dar. :jays after receiving notice under &ue"riiwslan"(!4) (ii) above4 conWction. The notice shall incltid'e th. a positiors.ti3le°ofthe' . aph (4) of a conviction, `taking one ofthe°fotlowing`adiots with ion occurring In th' place: such employ " p "and meludirig torrnination; or Factorily-id r `abuse `` istance or reha ilitation prograrr- ate; or 1 fth, law' ' rcement, or o r appropriate Agra ' l I ii. c '' ub ' ° jraphs ('t) throGQi4 :_ "~ Rob~`rt Greene -; ~ °. (Print Vsndo~tJame) - _ l.~Y'1. ~, '2007; iterized) ( ame of Gorporatlor~Company) (-Type. of Identificatidn} . 4!-~ INSCO INSURANCE SERVICES, INC. ~i ~SC~~CO Underwriting Manager for: ~~.~(~ I~JJ p bevelopers Surety' and Indemnity Company ~`• Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 BID ~®ND KNOW ALL MEN BY THESE PRESENTS, That we, Martin Fence Company 862 13th Street Lake Park, FL 33403 as Principal, and Developers Surety and Indemnity Company 150 S. Pine Island Road, Ste 510, Plantation FL a corporation authorized to transact a general surety business in the S#ate of.Florida . as Surety, are held and firmly bound unto Broward County Soard of County Commissioners 115 S. Andrews Ave, Room 212, Ft_ Lauderdale, FL 33301-1801 (hereinafter called the Obligee) in the full and just sum of Five Percent of Twenty Five Percent of Amount Bid***~*~~e*r,~*:******~***~***-**rr*~*wrr~.****R**+++*+.** Dollars, ($ 5% of 25% of Amt Bid )for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Fencing, Chain Link (Non-Sheltered Market) Various locations in Broward County. Invitation No: NX06340B2. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Seale his 10th day of August 2007 YEAR Develop, Surety and In .. nity Company Surety.' i Ja es L. Planamento Attorney-in-Fact BOND NO. NIA ID-1798 (Bid Bond) (REV. 1101) POWER OFATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725, IRVINE, CA 92623 (949) 2G3-3300 w~vw.InscoUico.com KNOW ALL MEN BY THESE PRESENTS, that except az expressly limited. DEVELOPERS SURf:I'1' AND INDEMNITY COMPANY does hereby make. constitute and appoint: ***DDreen M. Shearin, James L. Ptanamento, Stephen A. Murray, Mark A. Latini, jointly or severally*** az its true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for sod on behalf of said corporation as surety, bonds, undertakings and contracts of suretyship Diving and granting unto said Attorney(s)-in-FaG full Down and authority to do and to perform every act necessary. requisite or proper to be done in connection therewith az the corporation could do, but reserving to rho corptxation full power of substitution and revocation, and all of the acts of said Atorney(s)-in- Fact, ptusuant to these presents, are hereby ratified and confirmed. This Power of Attomey is granted and is signed by faaimile tinder and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SIJRE'fY AND INDEMNITY COMPANY effective as of November I, 2000: RFSOLV ED. that the Chairman of the Board, the President and any Vicc President of the corporation bc, and that each of them hereby is, authori~.ed to execuu Powers of Attorney, yualifying the Attorney(s)-in-Fact named in the Powers ofAttotney to execute, on behalf of the corporation, bonds. undertakings and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporation be, attd each of them hereby is. authorized to aces[ the execution of any such Power of Attomey; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power ofAttomey or to any certificate relating thereto by facsimile. rind any such Powex of Attomey or ecrtificate bearing such facsimile signatures shall be valid and binding upon the corporntion when so aff"ixetl and in the finure with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHr:RLiOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused [hest prestarts to be signed by its rrspcctivc Executive Vitae Pnsidcnt and attested by its Secretary this Ise day of December, 2005. - •--.~ --~ By: David H. Rhodes. Executive Vice-President \Nalter A. Crowell. Secretary SPATE OF CALIFORNIA COUNTY OF ORANGE On December 1, 2005 before me, Gina L. Gamer, Notary Public (here insert name and title of the officers pt:rsonaily appsrred David H, Rhodes and Walter t\. Crowell, perSOnally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to tltc within instrument and acknowledged tome that heJshe/they executed the same in his/her/tluir authorized capaciry(ies), and that by hisRtedtheir signature(s) on ttte instrument the person(s), or the entity uptm behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. _ GINA L. GARNER COMM. # 1569561 Signature {SEAL) ~ NOTARY PUBLIC CALIFORNIA ORANGE COUNTY s ~ar'~rrvrrtir5~v'r ~ 13, 2009 CERTIFICATE Zhe undersigned. as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attomey reYntrins in full force and has not been revoked, and furthermore, that the provisions of the resotutiort of the respective Boards of Directors of said corporation set forth in the Power ofAttomey, is in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 10th day of L~t1gllS t Z~~ 7 By Albers Hillebeand, Assistant Secretary IU-143R (DSq (Rev. 1?/OS) ACORD_ CERTIFICATE OF LIABILITY INSURANCE OP ID MARTINF DATE(MbI1DD/YYYY) 03/04/08 THIS CERTIFICATE 1S tSSUED AS A MATTER OF INFORMATION PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SLATON INSURANCE 7 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 22053 West Palm Beach FL 33422 Phone: 561-683-8383 Fax: 561-684-5995 INSURERS AFFORDING COVERAGE _ - NAIC# _ - INSURED --~-.~.___-_^_--~------~~`-~ ~ INSURER lc AmCOMP Preferred Ins. Co. ~ 10006 INSURER 6: Auto-owners Inauranc+ Company _ _ I i89g$ o ._ _ _ INSURER c Hanover Ins . C + -~ 09_3_1_7__ _ _ Martin Fence Company Inc . _ 700 ~ 862 13th Street INSURER D. Owners Insurance Co _ 32 ~~ - ake Park FL 33403 L --'- -- INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABWE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE tSSUED OR ANY REpUIREMENT , MAY PERTAIN, THE INSURANCE AFFORDED By THE POLICIES DESCRIBED HEREIN 5 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. --"'-- ------`------'-- __ LTRR SR "T TYPE OF WSURANCE "'-`-- ~ POLICY NUMBER -~'OTJCY EFF!`CTI E DATE fMMIDDJYY) L1CY EXPIRATION DATE (MMIDDIYY LIMITS __ GENERAL LIABILITY I EACH OCCURRENCE N7 - -.. ' 51,000,000 ---.... ~ _-_ D X ... , X COMMERCIAL GENERALUABILITY 7258242907 ~ 12/01/07 12/01/08 EV DANIAL ,ET~RE PREMISES (Eaocarence) 550x000_ I I l -~~ ~ CLAIMS MADE ~ OCCUR I ~ I I MED EXP (any one person) _ 5 5 , OOO-__. _..__ ! ~ PERSONALS ADV INJURY .._._ S 1 , OOO, OOO ~_~_._..__ - i I 1 ~~ I -' ~ ~ ' I _ GENERAL AGGREGATE 5 2 OOO OOO - ~~ I I I GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG 5 2, OOO, OOO ~ ---~-~- I r- POLICY JECo-T LOC I i _ -_ AU TOMOBILE LIABILITY ~ COMBINED SINGLE LIMIT S 1 , OOO , OOO C X~ ANY AUTO AZJ2202465 ~ 01/01/08 ~ 01/01/09 (Ea accident) I ._.__ -_ .. . f I ALL OWNED AUTOS ~ I ~ BODILY INJURY S SCHEDULED AUTOS (Per person) --- ~^ I I ~__.__ }{ HIRED AUTOS BODILY INJURY ~ 5 }{ NON-OWNED AUTOS (Per accident) ~ r- --------'-, -- - - ~~ ~ I --- I ~ I PROPERTY DAMAGE ( ~ S __'__. I I (Per aaidenQ GARAGE LIABILITY I AUTO ONLY - EA ACGDENT 5 _`^_ -. _ _ ANY AUTO I ~ AGG OTHER THAN S y~- ~ II ~~ I ~ _ AUTO ONLY: A~ 5 I EXCESSIUMBREI.IA LIABILITY ~ EACHOCCURRENCE S 1 OOOy, OOO $ I X~ OCCUR L j CLAIMSMADE 4128478802 i2/O1/07 12/01/08 ~_ AGGREGATE s 1,000,000 I 5 _ ~ OEOUCTIBLE I t _.. -- `----------' 5 __._..._.__.~ _ ~{ RETENTION 5 lO , OOO ~ 5 ~ WORKERS COMPENSATION AND X TORY LIMITS J ER v _,___„_ ~ A EMPLOYERS'LIABILITY ': WCV7065263 03/O1/08~ 03/01/09 E.L. EACH ACCIDENT -""-"'" sSOO, OOO '~ --" `-"~ ! I ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED ~ i "' E.L. OISEASE;,EA EMPLOYEE S 500 , OOO _ : It yes, describe under SPECIAL PROVISIONS below ~ I E.L. DISEASE -POLICY LIMIT S 5OO , OOO I OTHER ~ i D !Equipment Floater j7258242907 ~ 12/01/07 12/01/08 Leased 120,000 ~ i E ui ment DESCRIPTION OF OPERATIONS !LOCATIONS 1 VEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Certificate Holder is listed as an additional insured with respects to general liability only.*FLORIDA STATUTE REQUIRES TEN (10) DAYS NOTICE OF CANCELLATION FOR NON PAYMENT & FORTY FIVE (45) DAYS FOR NON RENEWAL CERTIFICATE HOLDER CANCELLATION Broward County Board of County Commissioners Risk Management Rm 210 115 S. Andrews Avenue Ft. Lauderdale FL 33301 ACORD 25 BROWO 12 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI GATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR 70 MAIL *3O DAYS WRITTEN NOTICE TO THE CERTIHCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR iJA81LITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 9988 ~AC~I~~'7C~ ~• " U~T~ 212', 018 :~ 0 0 .; _ _ ,: BENEF I C I;ia:RX : :: ,, r "" ;. ~ ~5 P~.~TDBY IrETTER OF CR~]~I T y NUM3~~R ~M2 3 ~ 3 ~>0 W > = r~ .,` ~ -- rT ~ ~ ., _'_ ,-µ - fT =~ fiS~U.E T3A'I'~ }, EXPIRY DATE :h ~~ ,. .~ 03/06/09 _, , .:.:.: 03/'04/08 ~` ~~ __ - .... .__ _ ----- ,...., A .. ... .. ..:,,~.:: , : PPhI CAi~TY` ` MARGIN FENCE ~O COITNT~' CONfM.I~SIONER$ ~ r~ `: < ' ~ r ~. 8 6 2 13 TIC S TRF~+.=`,I' ~ ^`~ rs~ yy~~~~J/,, - ~ I,A.kCE FA~ZK, FL:. 3 34 (~~ ''", ~ ~:< Q S I .GHT , A( THIS: ~ n r-~u IQD` 0 0 / 10 0;-" BY: B~ DRAWN:,AND I~GOTI BEAD; THE C,LAt~aE : " I~, I~A~IONA~'; ASSO~I, 2 Off' C~E'i~T•~'' SHALL BE': wF PRnVIDE THE BROF ~?~~~R -ONE .~ 1) LL EXPIRE ED, A"DEFAULT,, ~ v 5.1.1K,l.fiL . ~ V ~ / ti! z ! 2 . I. .... i.: ~'.: ~wED:...FGR SUO~CESS~~E PERIODS {)~'.~ ONE '''(~.) ;YEAR;:;;' COUNTY ADMINISTRATOR INSTRUMEN 1 , {,a~ r-i~;K~;~-!~r~ly ~ . ,: ,. :• - CONTINUED ON NEXT PAGE WHICH FORMS AN IN`I LET'T'ER :.OF CR'ET~IT 1 ~.: ~ ~~ ) ~ ~. 4; y ~ - ~; ' .i < ~ N~ ~ 4.. G 5 4 y .^~~ 0.i ~. ...,. ~?~ .... .... .L^ ... . ~ .. PART OF 4.1 . t ^ r `4 - ~.., , ~ ti ,~+..+.. 1 f, ~ _ . Gw } ;!{,'1 • ~ fix. ` Y4 _o , , s ~~ f b X Ta rot z ~3 ,~ k , s 2' 4y. O~~^~REDIT Nb SM2303~OW OP ~Q$ '~ { OF OUR OR . S ::~:::~„ S ~~. +yi . 3 a. r~:% 3 ~ ~ <u ~ E.C .s '"' FAY 'L.. - ~,"": '.. ,.* ~ .:r,~¢~: .. »tv ., THIS ~ETTER.,OF CREDIT SETS .FORTH IN FULL ;i~m~~P~rzC'~7NC~r SHALL NC3'~::. IN :: WAY ~E ~OD2 ~ACI~®'~IA THE DRAWEE . "~" `°~ ..,. y., NO . _.. ORM ,: ~:" ~" . E';pR<; 4'+ :i:S ~Fh •..x>~ ~>vo>t >s?.a : '. <:" tw s, OIL 34.. a~ E;~ r, 10~. £ 1~ 2' R <~ ~ ~ .~ f ~, "~ , ~. f , ~S cn ~ <;` ~. ~~.~ 5. ~. ..F`" OUR CUSTOMER CARE PHONE NUMBER FOR ANY QUERIES IS 800-7~c~-3862 OUR FAX NLiMBER IS 33~ 735 Q9S0 f' F 3.. FF;. { F zr S s,;1'i,b°r+a >.v .~."`^.L, a~aW '~.., '-~,;.< \^.A .asx• .,t .. s`•' .~,. a,.~.... .. ... ~ .cwt.,.,{},. q. ~ ~^~,~~ ~ ~r a n S Y ~ x .~. .a. ~ z~. t :K; 4 a ` r.' T 4 r '~ ~' ~ ~4~' f F F ~F Y t' ~ '~ 'z ~' y F . T : l 4 ~ I L~. ~' r .b t W' ~ t ~ L F;t: c. i,c1. ~.~ ~ r r a , ~ ~ C s .x; i ~ a k A.w fi' •'•ji i i~: i2 i~~' .. S y 2- =g < ~e~r~.. ~ ,z.. .. ~..M ~' ws3 - '~' ... J. ;~.9.. . 4 ~ ' ., ~ x K l t ~" J r N ~ Vr 9 J ~~~Q~~ CERTiFiCATE OF COMPETENCY F B , l'11'~iJ De~nch and SIGN the reverse side of thls t Il.~ CQIJNTY cart! #IvITIlED1ATEt.Y upon receipfi! You cs • shatlld curry this card wifh you of ctl! limes. ?~. ~~N ~ ~ GREENE, ROBERT L 904 SHORE DR11/E .NORTH PM.fVI,BEACH,.Fl_ 334(?8 ~~t~'~ 503-207 (Rev: 5106) BP200626315 Rd 2 ,..- J ~~J ~~ Board of County Commissioners, Broward County Florida BROWARD COUtdTY OCCUPATIONAL tIC6NSE TAX FORM N0.401 280/AC25-061 FOR PERIOD OCTOBER 7 2007 2006 THRU SEPTEMBER 30 , , RV200625413 (Rev. 3106) PENALTIES IF PAID }~ 1 ~ J ` ~_, O RENEWAL 0 TRANSFER SEC # TAX ~. - ~ OCt -109'° NOV. -15% " ' BACK TAX After DEC. 31 - 25% DEC. - 20°~ ~' `r 't"`' ~ ~~ (] NEW DATE BUSINESS OPENED PENALTY 'Plus Tax Collection Fee of up to $25.00 T:C. FEE Based on Cost of License if Paid STATE OR COUNTY CERT/REG B~~w ~'i3-"~J~'-^R ~NS~ On or After November 30. Business Location Adder: R ,.w,ye ~ t~S~iT ~-r. ~~ * ~ ,~ TOTAL ACCOUNT NUMBE .; < ;• ;t.. . n ~- .~ . ,i ._ n Z rs.ri ~ ~i~ , ~, . . , . v ~ ~>ac~<.~~; f'F-4~i:3:r+iS; - r ~t71a ~ ~+~s---.M{,~~ I~as;/~, ~ ~ ta:~ar~l~ ~~~ ~ ~ ST'Et.~:f= T THIS LICENSE MUST BE CONSPIGUOUSIY DISPLAYED -~ ~_. t is TO PUBLIG VIEW AT THE LOCATION ADDRESS ABOVE. ~ TYPE OF LICENSE TAX PAID g qR,p _ +s.. COUI~lTYE='r:.l:tc:,tr ;`~~~~r•st~ra 3. f> '..Fhf 3:75 BROWARD COUNTY REVENUE COLLECTION 2019 ~ 2007 V 115 S. Andrews Avenu®, Governmental Center Annex FORT LAUDERDALE, FL 33301 PAYMENTRECEIVEDASVALlOATEDABOVE •SEEINSTRUCTIONSONBACKOFLASTCOPY www.broward.org/revenue F°s~~ic 3.Cs!t1•~>Ods yE?~5B9S, aG~Oft~. .'t'3':04 PREVIOUS CONTRACT NO. T-6-04-113-81 BID GUARANTY FORM IRREVOCABLE LETTER OF GREDtT Date of Issue Issuing Bank's No. Beneficiary: Broward County through its Broward County Board of County Commissioners. County Administrator Govemmentai Center 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Expiry: BID NO. N X-06-340-62 ATTACHMENT "B" AoplicanY. Amount: (Date) (rn United States funds) BidlContract Number We hereby authorize you to draw on (Bank, Issuer name) at (Branch Address) by order of and for the account of (Contractor, Applicant, Customer) up to an aggregate amount, in United States Funds, of available by your draft at sight, accompanied by: (1) A signed statement from the County Administrator of Broward County, or the Administrator's authorized representative, that the drawing is due to default in performance of certain obligations on the part of agreed upon by and between Broward County and (Contractor, Applicant, Customer) ___pursuant to the (Contractor, Applicant, Customer) BidlContract No. for (Name of Project) Drafts must be drawn and negotiated not iaterthan (Expiration Date) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number) of ,dated (Bank Name) FCL-P803-2007 MMO7 Page 73 of 90 PREVIOUS CONTRACT NO. T-6-04113-B1 BID NO. N-X-06-340-B2 ATTACHMENT "B" {Continued) B!D GUARANTY FORM IRREVOCABLE LETTER OF CREDIT (Continued) This Letter of Credi# shall be renewed for successive periods of one (i) year each unless we provide the 13roward County Administrator with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original-term hereof or any renewed one (1) year term. Notification to Broward County that this Letter of Credit will expire prior to pertormance of the contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shat! not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is refer-ed or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. The execution of the contract and the submission of the required Performance and Payment Guaranty and Insurance Certificate by the (Contractor, Applicant, Customer) shall be released of obligations. This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1984 revision), Publication No. 440 and to the provisions of Florida law. if a conflict between the Uniform Customs and Practice #or Documentary Credits and Florida law should arise, Florida lawshall prevail. If a conflict between the law of another. state or county and Florida law should arise, Florida law shag prevail. (NAME OF ISSUING BANK} Authorized Signature Type Name Type Title ~cc-Peo3~oor 4r4~7 Page 74 of 90 PREVIOUS CONTRACT NO. T-0-04113-B1 BID NO. N-X-06-340=B2 ATTACHMENT "C" FORM OF PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we as Surety, are bound to the Board of County Commissioners of Broward County, Florida, as Obligee, hereinafter called COUNTY, in the amount of Dollars {$ )for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract dated the 2007, with COUNTY for day of hereof, and is hereinafter referred to as the Contract. which Contract is by reference made a part THE CONDITION OF THIS BOND is that if the CONTRACTOR: . 1. Performs -the Contract between the CONTRACTOR and the COUNTY for construction of ,the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Promptly makes payments to ail claimants, as defined in Section 255.05 (1), Florida Statutes, supplying CONTRACTOR with labor, materials, or supplies, used directly or indirectly by CONTRACTOR in the prosecution of the work provided for in the Contract; and 3. ~ Pays COUNTY all losses, damages, expenses, costs and attorneys fees including appellate proceedings, that COUNTY sustained; and 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void; otherwise it remains in full force. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Whenever CONTRACTOR shat! be; and declared by COUNTY to be, in default under the Contract, the COUNTY having perforated COUNTY'S obligation thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the CONTRACT in accordance with its terms and conditions; or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible Bidder, or, if the COUNTY elects, upon determination by the COUNTY and surety jointly of the lowest .responsible Bidder, arrange for a Contract between such Bidder.and COUNTY, and make available as work progresses .(even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract prke; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price," as used in this paragraph, steal! mean the total amount payable by COUNTY to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by COUNTY to CONTRACTOR. FCt-P803-2007 4/4107 Page 76 of 90 PREVIOUS CONTRACT NO. T-f>-04-913-B9 BID NO. N-X-06=340-B2 ATTACHMENT "C" (Continued) FORM OF PERFORMANCE AND PAYMENT BOND No right action shall accrue on this bond to or for the use of any person or corporation other than the COUNTY named herein and those persons or corporations provided for by Section 255.05, Florida Statutes, or their heirs, executors, administrators or successors. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. Signed and sealed this day of , A. D., 2007. (Name of Corporation) WITNESSES: Secretary BY: (Signature and Title) BY: (CORPORATE SEAL) ~RYPe Name and Title signed above} 1N THE PRESENCE OF: INSURANCE COMPANY: BY: Agent and Attorney=in-Fact Address: (Street) (City/State2ip Code) Tetephane No.: FCL-P603-2007 +1/4107 Page 76 of 90 PREVIOUS CONTRACT NO. T-6-04-113-B1 Beneficiary: Broward County through its Broward County Board of County Commissioners County Administrator Governmental Center 115 South Andrew Avenue Fort Lauderdale, Fiorida 33301 ATTACHMENT "D" PERFORMANCE AND PAYMENT GUARANTY FORM IRREVOCABLE LETTER OF CREDIT Date of Issue Issuing Bank's No. Applicant: BID NO. N-X-06-340-62 Amount: in United States Fund Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at (Branch Address) by order of and for the account of (Contractor, Applicant, Customer) up to an aggregate amount, in United States Funds, of by your draft at sight, accompanied by: available (1 } A signed statement from the County Administrator of Broward County, or the Administrator's authorized representative, that the drawing is due to default in performance of certain obligations on the part Applicant, agreed upon by and between Broward County and (Contractor, Applicant, Customer) pursuant to the Bid/Contract No. and Section 255.05, Florida Statutes. for (Name of Project) Drafts must be drawn and negotiated not later than (Expiration Date) Drafts must bear the clause: "Drawn under Letter of Credit No. _ (Number) of ,dated (Bank Name) FCL-PB03-2007 X4107 Page 77 of 90 PREVIOUS CONTRACT NO. T-6-04-113-B1 ATTACHMENT "D" (Continued) PERFORMANCE AND PAYMENT GUARANTY FORM IRREVOCABLE LETTER OF CREDIT BID NO. N-X-06-340-B2 This Letter of Credit.sets forth in full.the terms of our undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers and bona fide holders of all drafts drawn under and incompliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the final completion of the Project by the (Contractor, Applicant, Customer) and final acceptance by Broward County. This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1984 revision), Publication No. 400 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. (NAME OF ISSUING BANK) Authorized Signature Type Name Type Title FCL-P803-2007 4!4!07 Page 78 of 90 PREVIOUS CONTRACT NO. T-6-04-113-61 BID!NO. N-X-06~34fl-62 ATTACHMENT "E" FORM OF CERTIFICATE AND AFFIDAVIT TO: BOARD OF RE: BID NUMBER BIDDER NAME ADDRESS PHONE AMOUNT OF BOND SURETY BOND COMPANY NAME ADDRESS PHONE This is to certify that, in accordance with Chapter 85-104, taws of Florida (H61266), the insurer named above: Holds a certificate of authority authorizing it to write surety bonds in Florida. Has twice the minimum surplus and capital required by the Florida {nsurance Code. Holds a curnerrtly valid certificate of authority issued by the United States Department of Treasury under Section 9304 to 9308 of Title 31 of the United States Code. Date Signed Agent and Attorney-in-Fact AFFIDAVIT STATE OF FLORIDA ) COUNTY OF }SS Before me this day personally appeared ,Chief Financial Officer of ,who, being duly swum, executed the foregoing instrument and acknowledged to and before me the truthfulness and accuracy of the statements in the foregoing instrument. Signature of person making Affidavit SWORN TO AND SUBSCRIBED before me this day of , 2007 Notary Public, State, State of Florida My Commission Expires: Fct-PSO3-2ao~ Maros Page 79 of 9U PREVIOUS CONTRACT NO. T6-04113-B1 BID NO. N-X-06-34Q•B2 ATTACHMENT "F" DRUG FREE WORKPLACE CEF~TlFICATION The undersigned vendor hereby certifies that ~ will provide a drogtree workplao program by. (1) Publishing a statement notifying its employees that the unlawful manufacture, distHbution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; , (2) Establishing a continuing drug-free awareness program to inform its employees about (I) The dangers of drug abuse in the workplace; {ii) The offerors policy of maintaining adrug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and {iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; {3) Giving al! employees engaged in performance of the contract a copy of the statement required by subparagraph (1); {4) Notifying all employees, in writing, of the statement required by subparagraph (1 ), that as a condition of employment on a covered contract, the employee shall: (I) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction of, or plea of guilty or rtolo corrtendere to, any violation of Chapter 893 or of arty controlled substance law of the United States or of any state, for a violation occurring in the workplace NO later than five days after such conviction. (5) Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Wrtttin 30 calendar days after receiving notice under subparagraph (4) of a corniction, taking one of the following actions with respell to an employee who is convicted of a drug abuse violation occurring in th place: (I) Taking appropriate personnel action against such employe p and including termination; or (ii) Requiring such employee to participate satisfactorily in r abuse istance or reha ilitation program approved for such purposes by a federal, state, or I fth, law rcement, or o r appropriate agency; and (7) Making a good faith efrart to maintain a drug tree workplace progra ~~l ~~n~u ,/~~ s (1) through (6). Robert Greene (Print Vendor Name) STATE OF Florida COUNTY OF ~a 1 m B .a eh The foregoing instrument was acknowledged before me this ay of ~l/L.~l.~--~ , 2007, by 1` V f )L- t l )1 'L Z 1 tti. ,~^ (Name of person wfro's signatui as t'c ~1~~ ~ ~ of {Title) known to me to be the person described herein, or who produced {Type of identification) as identification, and who did/did not take an oath. Pt~BUC: (Print Name) ; ~ .~~ Gillian Gtreene =~' »~ Commission ~ DD529664 Expires March 18, 2010 My commission expires: p„~T,o,~ppy,•yN,ynllCe,Inc. BpDJ05.70fi FCL~?BOS 2007 page 80 of SO 4J4/O7 PREVIOUS CONTRACT NO. T-G-04-113-B1 BID NO. N=X-06340-B2 ATTACHMENT "G" INVITATION FOR BID SUPPLEMENTAL GENERAL CONDITIONS LNING WAGE ORDINANCE The following is a summary of requirerr~nts contained within Broward County Ordinance 2002-45 (Living Wage Ordinance}. If there is any conflict between the following summary and the language in Broward County Ordinance 2002-~5, the language in Ordinance 2002-45 governs. These terms may supplement the specific requirements of the ordinance in order to effectuate the intent. Bidders are advised that the provisions of Broward County Ordinance 2002-45 (Living Wage Ordinance) wilt apply to any contract(s), exceeding $100,000.00 per year, awarded pursuant to this bid. By submitting a bid pursuant to these specifications, a bidder is hereby agreeing to comply with the provisions of Ordinance 2002- 45, and acknowledges awareness of the penalties for non-compliance. A copy of this ordinance may be obtained from the purchasing agent issuing this bid. The bidder, under the terms of the living Wage Ordinance, must comply with the following details. See the full Ordinance for full information about contractor's obligations at: www.municode com/resources/gateway asp?pid=10288~sid=9 After clicking on the above link, click on Chapter 26, Personnel` (a drop down menu will appear) and then click on Artide Vlt, Living Wage. A. All covered employees, induding those of the Bidder's subcontractors, providing service pursuant to the Bidder's contract shall be paid a living wage of no less than $10.63,per hour with health benefits as described in this section, or otherwise $12.02 per hour, regardless of any contraduat relationship which may be alleged to exist between the Bidder and such employees. The Bidder and covered subcontractors, hereinafter referred !o as °covered employer„ may comply with the living wage provision by choosing to pay no less than the lower specified hourly wage rate when said employer also provides health benefits, costing the covered employer at least $1.39 per hour toward the provision of health care benefits for employees and their dependents. B. Covered employees shall be paid not less than bi-weekly and without subsequent deduction or rebate. The covered employer shall pay wage rates in accordance with federal and all other applicable laws such as overtime and similar wage laws. C. The employer must post in a visible place on the site where such contract work is being performed, a notice specifying the wages/benefits to be paid under County Ordinance 2002-45. This poster will be provided by the County. Bidders shall provide a copy of the requirements of the ordinance to any entity submitting a bid for a subcontract on this contract, prior to their submitting a bid. D. The covered empoyer must print the following statements on the front of the covered employee's first paycheck for work performed for this contract and every six months thereafter. "You are required by Broward County Ordinance to be paid at least (insert applicable rate pursuant to the Ordinance) dollars an hour. If you are not paid Phis hourly rate, contact your supervisor or a lawyer." AN notices will be printed in English, Spanish and Creole. FCL-P8G3-2007 ~'~ Page 87' Of 80 PREVIOUS CONTRACT NO. T-6-04-913-B1 BID NO. N X-06-340-82 ATTACHMENT "G" (Continued) INVITATION FOR B!D SUPPLEMENTAL GENERAL CONDITIONS LIVING WAGE ORDINANCE It. LIVING WAGE -INDEXING: The Living Wage amounts shall be annually indexed to inflation using the Miami PMSA Consumer Price Index for all Urban Consumers (CPI-U), calculated by the United States Department of Commerce. The first indexing adjustment shag occur for the 20042005 County fiscal year using the Consumer Price )ndex figures provided for the calendar year ending December 31, 2003, and thereafter on an annual basis. Unless amended, the Living Wage Ordinance Indexing will be implemented as follows: No later than March 30, 2004 and every March 30 thereafter, the County will post the adjusted Living wage rates on its Purchasing Division websfte, and will notify the awarded contractor of these rates which will be effective the following October 1. Service contractors so notified are responsible for notifying existing covered subcontractors of the revised living wage rates no later than Jufy 30. All covered erriployers shall commence payment of the revised rates to covered employees no later than October 1 of that year. lil. LIABILITY FOR UNPAID WAGES• LIQUIDATED DAMAGES• WITHHOLDING: In the event of any underpayment of required wage rates by the covered employer, civil and/or administrative penalties may be assessed. IV. PAYROLL: BASIC RECORDS REPORTING: A. Each covered employer shall maintain payroll records for all covered employees and basic records relating thereto and shall presence them for a period of three {3) years beyond the termination or expiration of this contract. The records shall contain:'the name and address of each covered employee, the job title and Gassfication, the number of hours worked each day, the gross wages earned and deductions made; annual wages paid; a copy of the social security returns and evidence of payment thereof; a record of fringe benefit payments including contributions to approved plans; and other information the Contract Adminis#rator should require from time to time. B. The successful bidder shall provide a certificate to the Contract Administrator prior to the award of the contract in substantially the form attached hereto, It must include the name, address, and phone number of the covered employer and a local contact person; the specific project for which the service contract is sought; the amount of the contract and the applicable department the contract will serve; a brief description of the project or service provided; a statement of the wage Levels for all employees; and a commitment to pay all employees a living wage as set forth in the Ordinance. The covered employer shall submit the payroll information required every six months, to the applicable Contract Administrator, including a copy of the complete payroll for one payroll period showing employer's payroll records for each covered empbyee working on the contract for covered services. FCt~603-2pp7 41~J07 Page 82 of 90 PREVIOUS CONTRACT NO. T-6-04113-81 BID NO. N•X-06-34U-B2 ATTACHMENT "G" (Co~inued) INVITATION FOR BID SUPPLEMENTAL GENERAL CONDITIONS LIVING WAGE ORDINANCE IV. PAYROLL• BASIC RECORDS• REPORTING: (Continued) D. The covered employer shall make the covered employees' payroll records required available far inspection, copying or transcription by authorized representatives of the County for a period of three years from the termination date of any County Service Contract, and shall permit such representative to interview employees during working hours on the job. Failure to submit the required reports upon request or to make records available may be grounds for termination of the contract. The service contractor is responsible forthe submission ofthe information required by the ordinance and for the maintenance of records and provision of access to same by all covered subcontractors. V. SUBCONTRACTS; The service contractor shall insert m any subcontracts the applicable clauses as required by the Living Wage Ordinance and also a clause requiring the sub-contractors to include these clauses in aA other subcontracts. The service contractor shall be responsible for compiianoe by any subcontractorwith the Living Wage Ordinance as it applies to their subcontract. VI. COMP! d1hl'~'C Aw1A uew riiu~e~_ ~...~.__._. _ _.. _ _ it a covered employee believes that he or she is not bein~~^~~~~~~~ ~ • Ordinance, the employee may file a complaint with the Offrce of Profess oval Standahds in avccordance with the County's Living Wage Complaint Procedures. Complaints will be investigated, determinations issued, and hearings afforded to the effected parties in accordance with the County's Living Wage Complaint Procedures. Covered employer; found to have violated the ordinance may suffer any or afI sanctions provided for in the ordinance, including wage restitution, damages, termination or suspension of payment under the contract, termination of the contract, debarment. The ordinance also provides employees with a private right of action in court. Page 83 of eo PREVIOUS CONTRACT NO. T-6-04-113-B1 ATTACHMENT "G" 8ROWARD COUNTY LIVING WAGE EMPLOYER CERTIFICATION ~~Pd at the request of the purchasing agent heft BID NO. N-X-06-340-B2 By signing below !hereby certify that the employees listed below: A. Receive a minimum pay of $ per hour and are provided health benefits vatued at -' $ per hour. B. Receive a minimum pay of $ per hour and are not provided health benefits. Names of employees to be providing covered services for the above referenced contract: Names of employees that provided service for this invoice period: Names Aor6 a side or Names if Aor6 (, ,hereby certify that is committed Name Tide Contractor to pay all employees working on this corttradlproject, and therefore covered by the Broward County Living Wage Ordinance 2002-45, in accordance with wage rates and provisions of the Living Wage Ordinance. I further certify that all of the information provided above is true, complete and correct By PrintlType Name and Title Signature page 84 of 90 PREVIOUS CONTRACT NO. T-6-04-113-B1 BID NO. N-X-06-340-B2 ATTACHMENT "H" LETTER OF INTENT To Utilize aMinority/Women Subcontractor/Subconsultant~ From: (Name of Proposer/Bidder) To: Broward County, Selection and Negotiation Committee Project Description: In response to Broward County's Rl_I/Bid No. ,the undersigned hereby agree to utilize the minority/women firm listed below, if awarded the contract. The undersigned further certify that the firm has been contacted and properly apprised of the projected work assignment{s) upon execution of the contract with Broward County. Name of Firm: (Proposed MinoritylWomen Subcontractor/Subconsultant) Ethnicity/Category: Work Assignment: Hess tnterpnse - tsrac~ tw~o~-~/, ~ ~~~Na, ~~~ ~~-•~~ ~ •~~ Enterprise (WBE), as reflected in the firm's certificate) Percentage of Prime's Contract Fees to be Awarded: (Dollar Amount or Percentage %) (Signature of Owner or Authorized Rep.} (Date) Subscribed and sworn to before me this day of 200 (Notary's Signature) (Notary Seal) ---------------- ----------- (ACKNOWLEDGEMENT BY THE PROPOSED MIWBE FIRM) The undersigned intends to perform work in connection with the above Contract as (check one} an individual _, a partnership _ a corporation _ a joint venture. The undersigned agrees with the prime contractor's/consultant's proposal and further certifies that all information provided herein is true and correct. (Signature of Owner or Authorized Rep.} ~ (Date) Subscribed and sworn to before me this day of 200^. {Notary's Signature) (Notary Seal) SBDD Compliance Form 2004-1 FCL-PB03-2007 page 85 of 90 414107 ~.. MN W M ~D X z ci z 0 m r m ~i r r O (D F- O h- U Q ~"' Z O V ~_ LL! a H Z lL a 0 .% Z .~ a w Z m 0 N Q O a~ V a3 1 0 Q '' a~ W -.i m ~ C U C N LL Oo W .~~. J ~ ~ ~ W ~~ -Gl U~ ~~ .Q ~. o~ a _ '~ ~ ~ W Z a LL W W 2 a a s °c w a a ~ r Z O a U O r U w O K a a o z r O U Q ~ W z z a J W U Q ~ w -' ~ z D m a ~a U ~~ o~^ O .. _ _ _ _ _ _ _ ~ _ o Q U 41 ~+ ._ to ` ia .~ vQa ~" N w M Y! N VJ M M E t t a ~ 1 Q . o ~ Y d ~ ~~.. ,l O '~ a O ~ O! >. `~ 'Q rm -- i°- u ',°1a a '~ b o W eo a _ c ~ ~ a _ ~ ~ 0. ~ $ ~ ~ o £ ~ u ° ~ ~ Q ~ ._ - C ~ o. _ L 0. w ~ .A. ° ~o U :a ~ ° ~ W ro ~ m w 0 ~ ~ - t ~ n a Q t ` ~ O W Q V e c ~ E '~ O ~ ~j C ~. N m U .. ~ U v~ ~ 4 Q Z O c? U a m m g 3 O V L A A V ` 'UC m ~ z m ~ m E Q v Q ~ 7 c 'c ~ V s. N (q Q = Z Q m x z' m m m ~ ~ ~ ,Fr_ . N11 001 Y °o O sv N ~ ~ 0 ~ t ft i 8 m >N ~ i y n O. i /C E C ~ ~ ~. O 1 N ~ 2 +O Q y T ~ 0 ~` ~y ~_ i~ o~ ~N GW i~ 1b ~m o~ uy ors-, ap ~t ~h , .^ 5W v~j _~ ~~ ~ ~a ~o ~ ~~ a~ o, ~o ~~ .~ n y ~ ~ D N O m D C ~ ~ N "' C ~~~Y v~Q~ ~ ~co aro? o ~c~ D m ~ y ~ c CON N '.: ~i~v ~ ~ . N€o o ~` c,o m m ~' c ~ ` roNE~- ~~~ m N c ~`~ o c~ o m 8 ~, ~ E N ~~ . m ~ _ 0 g b m R ~``' ~ p/ eV N R ~ a. O OWN Qv ~ d.h _~ ~ ~ o ;~' '~ `f `~ .'NO L~° ~ c ~ `v m m ~ in PREVIOUS CONTRACT N0.7-6-04-113-B1 B!D NO. N-X-06-340-62 ATTAGHMENT "J" MNVBE ~ \ UNAVAILABILITY REPORT RLI/BID NO. (NAME OF PRIME CONTRACTOR) (ADDRESS) (TELEPHONE NO.) The undersignedrepresentative of the Prime Contractor personally appeared before the undersigned officer authorized to administer oaths who after being duly sworn states that the undersigned has contacted the MNUBEs listed below and that said M/WBEs are unavailable to perform or submit a bid which was not the low acceptable bid set forth and that the following information regarding M/WBE subcontractors is true and correct to the best of his/her knowledge: 1. The following M/V1tBE contractors were invited to bid subcontract work; but were not available to work. (Attach list if necessary.) Name M/WBE Group 2. The following M/WBE contractors were invited to bid subcontract work, but did not respond to the invita#ion. (Attach list if necessary.} Name MNVBE Group 3. The following MJWBE contractors submitted bids which were not the low acceptable bids. (Attach list if necessary.) Name M/WBE Group If you did not get any responses to your solicitation of M/WBE contractors, please detail your efforts to recruit eligible firms, i.e., advertising, persona! calls, mailing lists, etc. Information provided will be verified. Attach all supporting documents such as newspaper ads, phone lists; mailing lists, etc. Signature: Title: Date: SBDO Compliance Form 2004-3 FCL-PB-03-2007 Page 87 of 90 a~aro7 BID NO. N ~(-06-3'a-B2 RgCT NO. T-6`~ ~ $~ ~. PRE~OUS CONT aTTA~~RS PRO~a1NG ~\ CER'fIFICA tON OF VEN T1C PARTNER X999-03, as \ DOMES vrith Browa~ County Ordnance BENEFITS FOR m Dance o ee benefits pot'~cies are in co P ned vendor hereby certifies that its emPag follows: The undersig County Ordrna~ #1999-'i 8, b 8roward minimum standards: ceverage for his amended Y indudes the following to elect insurance -ienefds pro9~ relationship is ent ~ wttic~ any other vendors ernpioyee A Vendor's empbY~ tic artnership same loyee,s right to elect insurance rty to a domes P . rfner on the bans ided by the .` Any vendor's emploYee'~O is a pa d°~~ Pa ndents. A vendors emp abler or a dependent of such or depe of insurance prov 1. r s case sent, extends to alt forms or her domestic P coverage for his or he Partners depe may e1ed insurance rtner, or the P e for his or her domestic dents of vendors empbY~- ~ entitled to use all forms of leave provi c°Yemg and depen er or the vendor to the spot to a domestic ~rlnetshiP felationship for his or her domestic Pa's vendor's emplo`!?e ~0 is a party leave and annual leave to qre a same basts 2 Any not limited to sick icable. i able on ~ a dourest. depend n of the dourest' Partner as apPi~ s are made ado-'js ~pe-jY is and dependents of ~e °of a ve dogs employei3 available to the sPoden~f such domestic pa " 3. A11 other benefits r or depe to ees who to the domestic paw , to ees and whether vec un~ ~~manCe No. partnership relationship- are provided t0 ~ emP ante with Broward lion as 1o what benefits istend in accord relationship must betre9rnpioYee benefits. 4 tt is within the vendorsc isc~ ership eli ible for access are party to a do n ~ in order to be 9 1999-03, as aura ~ ~bstanliallY equivalent io the following= hi eligibility criteria are ' is aMers P tent to contract~emhip relationship. B The vendors dourest P eam old and comPe tic pa duress or s8c pai'tr-er is at least~l8nor a partner to another domes n obtained by force, ~ . ~,~ °~ rfner is rr-a has not bee 2 r domestic Pa is ate not related by Mood. relatonship argier to the domestic partnership 3. The domestic paM rs basic food and shatter. 4 .Consent of edher donneStio P fra ~•domeStlc Pa'~~ agrees to be jointly feSQonsible for each othe 5. Ea (Vendor signature) r~ (print vendor name) STATE OF COtlNTY OF day of o,Nledged before me this _~-- The foregoing in~ntent was adm in notarized) ose signature is be 9 by rName of person wh of (Name of c~rP°'a"'~"""'~_" hype of identification) herein, or who produced NOTARY PUBLIC: - (g;gnature) (Print name) ~ Large (SEAS) grate of ~.----" My commission expiros- ---"'r`- _~ s ----~ (Title) ,~ known to me to be the P~^ desk as identi~ion, and who d'dldid r-ot 1~e ~ oath. Psl~ ~ of 90 pCt.-PBO3-~ ~rdl07 couN FINI4NCH AND ADN11NiST'RAT{VE'SERVICES'DEPAfi7MENT pURCNASING DIVISION 115 S: Andrevrs Avenu'exRo>5nt.212.6orl.laudetdale. Florida 33301. • 954=357,6065 • FA?C,g54.357~F153'S ViA EMA1L TRAt~iSMITTAL August ~6, ZfJ~9 [Martin.l'ence Company 86213~"Street lake."Park; F1330E9 Attn: R.oberk Greece Email; rareene(~rrrartinfirnce:com Re Contract`_Ftenewal'# NXD6340B2"Chain Link Fencing Vile:herety acc+~pt yourwritten offer to-renew the c Th1$ renewal is subject'to aU terms and condifior{s effect for ttte period beginning Mareli 6, 201D anti _.. ... .. n r_-..__J_J 1..iL. L. i.rr• referenced contract. contract; 1'tiis can#r'act renewal is in arders~~wiil be placed a~ and when Thank you foryawrcontinued business with Broward Sincerely,. Amanda` Simmers; Proji:ct Manager 11 Purchasing .Division, Construction Section (, Brotvard County Gourd of Cbunty Cotnmissloners Josephus EggellAl;on, .lr..•. Suo Guuburgor • Ktistln D. Jowtu • Kan KeerJ~i Irma l.iel#crrtlan SuiFy f2{ttet,:Jahn E. Rocfstrom. J~. • 1]inna Wussertnan•Ru61n- kGisWmder wtvw.brov~8rd:org' " BARD _l Wis.- C NTY • FINANCE AND ADMiNiSTRATIVE SERVICES DEPARTMENT PURCHASING DIViSlON 115 S. Andrews Avenue, Room 212 • Fort Lauderdale, Fbrida 33301 •954.357.6065 • FAX 954-357-8535 September 30, 2008 Martin Fence Company Robert Greene ~" 86213' Street Lake Park, FL 33403 E: mfence@martinfence.com Reference: Contract No. NX0834082 Fencing, Chain Link Dear Mr, Greene, We hereby accept your written offer to renew the above referenced contract. This renewal is subject to ail terms and conditions contained in the original contract. This contract renewal is in effect for the period beginning March 6, 2009 and ending March 5, 2010. A copy of this notice is being forwarded to the appropriate User(s). Purchase Order(s) wits be pieced as and when required. Thank,you for your interest in doing business with Braward County. 6incer~ly, ~~ iissa Goodman, Purchasing Agent II cc: Doreen Albert Broward Couillj!;;~ ~- eir~tiillCoajity Comrriis$ioners Josephua EgpsUsBon. Jr. • Bon Graben •'Sue Guntburper • Kristin L1<;~}r~4bP.~JT1~ ~'~; ~g~E R?ds~l.. Z Jr. • Jim Scan • Olana WasaennsrnRubin • Loh VYe~der 1.a a- :wirwvr.bro tblg'` ,..,'_~~:-c'~:~~;g .. ~:" i~ } ~~ B e R® ~~w~ COUNTY Finance and Administrative Serti~ices Department PURCIiASfNG DIVISION 115 S. Andrews Avenue, Room 212 • Forttauderdaie, Florida 33301 • 954-357-6065 • r-AX 954-357-8535 February. 21, 2008 . Martin Fence Company' Attn: Robert Greene, President 862 13th Street Lake Park, FL 33403 _,.. , :.~ _Reference Bid #:NX06340B2 for Fencinq:,_~Chain -Link (Non-Sheltered Market) Dear Mr: Greene: This is to confirm t#iatthe Board of County.,Cotnrr~jssioners at its meeting held on February 12, 2008 under Agenda Item No. 10 has conditionally accepted your Bid on the aboV~- referenced solicitation. .----~ This Award is subject to terms/ conditions checked below and the Vendor is cautioned not to proceed un4il the items indicated have. been satisfied. Please send Certificate(s) of Insurance/ Performance and paymentGuai-arity (as per paragraph 19) of PRQI/IS10NSlSPEGIA!_ C~'NbITIONS Section based on the total award amount.of $848,068:40'of the above Bid to Peter Thomas, 954-357-6265, Purchasing Agent. Failure'to pro~tde 4he-above required documentation by close of business, March 6, 2008 may cause your firm to be considered non=responsible and the Award recommendation to your firm may be rescinded. Thaniryou;foryoiar interest iri doing business with Broward County. Sincerely, -..._ .. _. - q;~Gf~~~1>.-~:Ibii~as- nd~.orz#~r , Purchas: ..on - - ..... .-. BY , Peter Thomas, CPRB, Supervisor Purchasing Agent III; Construction Section ,~ 8,owar~? uoun~5?,Board of Cou~rtv tc rnri~ssio~~rs - JOSephus fggeGetbn,Jr. • Sue Gunzburger Kristin D. Jaco ~ • F;c n Yc-echo I~ h L`bumar ~ s, y Ratty; , John E: Rotlstrom. Jr. • Diana Wasserman•Rubin • Lols Weber ~Nw~tv,broward':or9lp5rc~~ ~ru ~ ' BID NO. N-X-06-340-62 URCHASING NlSION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA ADDENDUM NO. 1 FENCING CHAIN UNK (NON-SHELTERED MARKET) DATE OF ADDENDUM: Agri! 30, 2007 TO ALL PROSPECTIVE BIDDERS: PLEASE NOTE THE FOLLOWING CHANGES: THE BID OPEN DATE IS DELAYED UNTIL MAY 15, 2007 AT 2.OOPM This addendum SHOULD be acknowledged on the Bid Tender Form and/or returned with your Invitation for Bid Due May 15, 2007 at 2:00 p.m. All other terms, conditions arm NAME OF COMPANY: remain unchanged for Bid No. N-X-06-340-B2. FCL-PB03-2007 PTIMM/0430fPB04 2007 4!30107 BID NO. N-X-Ofi-340-82 URCHASING IVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA ADDENDUM N0.2 FENCING. CHAIN LINK (NON-SHELTERED MARKET) DATE OF ADDENDUM: Mav 2, 2007 TO ALL PROSPECTIVE BIDDERS: PLEASE NOTE THE FOLLOWING GRANGES: The bid opening date is delayed to Tuesday, May 15, 2007 at 2:00 p.m. 1. The attached sketches (3 Sheets labeled Attachment "M°) describe the dugout detail for line item 154 of the bid sheets. 2. Delete the description "4' High" from line items 12, 31, 86, 105, 123, 142, and "6' High" from line item 49 of the bid sheet. 3. Refer to the specification/explanation for the item 151 "Security Check" shown below. The following information refers to Security requirements for contractor working at Port Everglades Department: Same Broward County Departments like Sea/Air Port require persons to present a valid drivers license and valid reason forwishing to be granted access in order toobtain atemporary/visitor ID badge. For persons who will visit the Sea/Air Port more than 5 times in a 90 day period, a permanent identification badge must be obtained and paid for by the contractor far all employees, subcontractors, agents, and servants visiting or working on the port projects. A restricted access badge application process will inGude fingerprints and a comprehensive background check. Badges must be renewed annually and the fees paid pursuant to Broward County Administrative Code, Section 42.6. For further information, please call 954765-4604. All vehicles that are used regularly on the dock apron, must have a Dockside Parking Permit. Only a limited number of permits wip be issued per business entity. The fee is $100.00 per permit/vehicle. Individuals requesting a permit must possess a valid Port-issued Restricted Access Area badge with a "Dock" destination. Requests for Dockside Parking Permits must be submitted in writing, on company letterhead, to the I D Badge Office. Applicants must demonstrate a need for access to the dock apron. Requests shall be investigated, and approved, if appropriate justification is provided. Supporting documentation must be supplied, if requested. Dock permits are not transferable and must be affixed to the lower left comer of the permitted vehicle's windshield. Should the permit holder wish to transfer the permit to another vehicle during the term of issuance, the permit will be removed and exchanged at no charge for a new permit. Only one business entity representative will be permitted on the dock at a time at the vessel location. 4. Delete items 18, 19, 36, 37, 55, 56, 73, 74, 92, 93, 110, 111, 129, 130, 147, 148. FCL-PB03 2007 PTlMM/0430/PB04 2007 Page 1 of 2 6!2!07 BID NO. N-X-OS-3ao-B2 ADDENDUM N0.2 (Continued) FENCING, CHAIN LINK (NON-SHELTERED MARKET) 5. Bid Sheet, pages 21 through 38 have been revised and are attached and MUST be completed and retumed with your invitation for Bid Form (Bidder Acknowledgment) due Tuesday, May 15, 2007 at 2:00 p.m. This Addendum MUST be acknowledged on the bid tender form and/or retumed with your levitation for Bid due Tuesday, May 15, 2007 at 2:00 P.M. All other terms, conditions and pecifications remain unchanged for Bid No. N-X-06-340-B2. '/ l NAME OF COMPANY: ~~" G~ i •2~~. FCL-P603-2007 PTlMNU0430/P604-2007 Page 2 of 2 5/2107 BID NO. N-X-06-340-82 URCHASING (VISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA ADDENDUM NO3 FENCING. CHAIN LINK (NON-SHELTERED MARKET} DATE OF ADDENDUM: May 142007 TO ALL PROSPECTIVE BIDDERS: PLEASE NOTE THE FOLLOWING CHANGES: The bid open date is changed to Tuesday, May, 22, 2007 at 2.00 p.m. 2. Solicitation Document Page 16 of 90, Performance and Payment Guaranty, Paragraph 20.e.: The amount of the bid for purposes of calculating the Payment and Performance Bond will be the total ANNUAL amount of all groups bid and not the total of groups bid amount for the two year initial period. The awarded vendor will be required to renew the performance and payment guaranty at the commencement of the second year of the two year initial period of the contract. This addendum MUST be acknowledged on the Bid Tender Form andlor returned with your Invitation for Bid Due May 22, 2007 at 2:00 p.m. All other terms, conditions and speafications remain unchanged for Bid No. N-X 06-340-B2. NAME OF COMPANY: Grr,Qu~- FCL-PB03-2007 PTIMMJ0514JPB05 2007 5H4107 Bid No. N-X-0640-B2 URCHASING (VISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA ADDENDUM N0.4 FENCING. CHAIN_LINK {NON-SHELTERED MARKET) DATE OF ADDENDUM: May 18.2007 TO ALL PROSPECTIVE BIDDERS: PLEASE NOTE THE FOLLOWING CHANGES: 1. The Bid Opening date has been placed on hold until further notice. A subsequent Addendum will be issued re-establishing the Bid Opening date. This addendum SHOULD be acknowledged on the bid sheet and/or returned with your Invitation For Bid Forrn, (Bidder Acknowledgment) form. Ail other terms, conditions and specifications remain unchanged for Bid # N-X 06-340-B2. NAME OF COMPANY: %~~~' FCL-PB03-2007 CC(PT)lLG106181PA05-2007 5!'18107 BID NO. N-X-os-340-62 URCHASING IVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA ADDENDUM N0.5 FENCING, CHAIN LINK ANON-SHELTERED MARKET) DATE OF ADDENDUM: Mav 24.2007 TO ALL PROSPECTIVE BIDDERS: PLEASE NOTE THE FOLLOWING CHANGES: 1. The bid opening date is Tuesday, June 5, 2007 at 2:00 p.m. 2. Revised Bid Sheet(s), page(s) 37, 38, and 38a have been revised and are attached and MUST be completed and retumed with your Invitation for Bid Form (Bidder Acknowledgment) due Tuesday June 5, 2007 at 2:00 p.m. 3. The "Estimated Quantity° column on all Bid Sheets reflects an annual usage, except Allowance Items 155 through 157 which are for the two-year term. This addendum SHOULD be acknowledged on the Bid Termer Form and/or retumed with your Invitation for Bid Due Tuesday June 5, 2007 at 2:00 p.m. All other terms, conditions and speafications remain unchanged for Bid No. N-X 06-344-B2. NAME OF COMP FCL-P603-2007 CClMMr0524/PB05-2007 sr2aro7 BID NO. N-X-06-340-B2 URCHASING IVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA ADDENDUM N0.6 FENCING, CHAIN LINK (NON-SHELTERED MARKET) DATE OF ADDENDUM: June 5. 2007 TO ALL PROSPECTIVE BIDDERS: PLEASE NOTE THE FOLLOWING CHANGES: The bid open date is delayed until June 12, 2007 at 2:00 p.m. 2. Refer revised bid sheets issued with Addendum No. 5, paragraph 3: Revised bid sheet 38 of 90: - Note the Line items 155 thru 157 will be applicable and included with each award. 3. Refer Page 1 of 90 of the solicitation document paragraph 1-Scope: Delete the section sub-paragraph which states that: "The initial contract period shall start on date of award ,and shalt terminate two (2} years from that date" Replace the above with the following: "The initial contract period shall start on date of award and shall terminate one (1) year from that date". 4. Delete the section sub-paragraph which states "The Purchasing Director may renew this contract for one two (2) year period...... Replace the above with the following: "The Purchasing Director may renew this contract for two {2) one year periods....° FCL-PB03-2007 pTlMM106/05lPB06 2007 Page 1 of 2 6/b/07 BID NO. N-X-06-340-B2 ADDENDUM N0.6 {Continued] FENCING~CHAIN_ LINK (NON-SHELTERED iVIARKET~ 5. Page 23 of 90 -Delete the caption SUBTOTAL FOR TWO YEARS GROUP I: ITEMS 1 THRU 19 Page 25 of 90 -Delete the caption SUBTOTAL FOR TWO YEARS GROUP II: ITEMS 20 THRU 37 Page 27 of 90 -Delete the caption SUBTOTAL FOR TWO YEARS GROUP tit: ITEMS 38 THRU 56 Page 29 of 90 -Delete the caption SUBTOTAL FOR TWO YEARS GROUP IV: ITEMS 57 THRU 74 Page 31 of 90 -Delete the caption SUBTOTAL FOR TWO YEARS GROUP V: ITEMS 75 THRU 93 Page 33 of 90 -Delete the caption SUBTOTAL FOR TWO YEARS GROUP VI: ITEMS 94 THRU 111 Page 35 of 90 -Delete the caption SUBTOTAL FOR TWO YEARS GROUP Vli: ITEMS 112 THRU 130 Page 37 of 90 -Delete the caption SUBTOTAL FOR TWO YEARS GROUP Vlfi: ITEMS 131 THRU 148 Revised Page 38 of 90 -Delete the caption SUBTOTAL FOR TWO YEARS GROUP IX: ITEM5149 THRU 154 Revised Page 38 of 90 -Delete the caption GRAND TOTAL BID AMOUNT FOR `I°VUO YEARS Al! Addenda should be acknowledged, however, when bidding on any items}, group{s) or anything which is affected by this addendum, this addendum MUST be acknowledged on the bid sheet and/or returned with your Invitation for Bid Form (Bidder Acknowledgment) due Tuesday, June 12 2007 at 2:00 p.m. All other terms, conditions and specifications remain unchanged for Bid No. N-X-06-340-B2. NAME OF COMPANY: ~/~' ~ ~G~/ ~ ~%~'" FcL-P603~007 PTlMMl06/06/P806 2007 Page 2 of 2 615!07 Bid No. N-X-06-340-B2 URCHASING IVISiON BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA ADDENDUM N0.7 FENCING. CHAIN LINK (NON-SHELTERED MARKET] DATE OF ADDENDUM: June 7. 2007 TO ALL PROSPECTIVE BIDDERS: PLEASE NOTE THE FOLLOIlNING CHANGES: 1. The Bid Opening has been put on hold until further notice. Addendum No. 8 will follow to advise of new Bid Opening Date and any specification changes. This addendum SHOULD be acknowledged on the Bid Tender Form andlor returned with your Invitation for Bid once a new Bid Opening Date has been set. All other terms, conditions and specifications remain unchanged for Bid No. N-X-06-340-B2. NAME OF COMPANY: ~~o~'~ FCL-PB03-2007 PTlLGl0607/PA06-2007 snro7 BiD NO. N-X-0li-340-62 URCHASING NISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA ADDENDUM N0.8 FENCING, CHAIN LINK (NON-SHELTERED MARKET DATE OF ADDENDUM: July 12.2007 TO ALL PROSPECTIVE BIDDERS: PLEASE NOTE THE FOLLOWING CHANGES: 1. The bid open date has been rescheduled to open on August 21, 2007 at 2:00 p.m. 2 Paragraph 17 of the bid document : Minority/Women Business Enterprise (MMlBE) -Disadvantaged business Enterprise (DBE) goals programs, and paragraph 18: DBE, MBE or WBE Compliances, and Section 00320 Requirements for Contracts with MMBE Goals referred to on pages 8 through 15 are deleted. AN other references to the MNVBE Goats Program are entirety deleted from the bid documents. This contract wil{ have no assigned goal for M/1lVBE participation. 3. Assignment of participation goals under a new County program may be applicable to this bid at a later date, but prior to bid opening. This addendum SHOULD be acknowledged on the Bid Tender Form and/or returned with your levitation to Bid due August 21, 2007 at 2:00 pm. All other terms, conditions and specifications remain unchanged for Bid No. N-X-06-340-62. NAME OF COMPAM FCL-P810-200fi PT/MM707111P607-2007 7112107 BIO NO. N-X-06-340-B2 URCHASING NISlON BOARD OF COUNTY COMMISSIONERS BROINARD COUNTY, FLORIDA ADDENDUM N0.9 FENCING. CHAIN LINK (NON-SHELTERED MARKET) DATE OF ADDENDUM: August Z0, 2007 TO ALL PROSPECTIVE BIDDERS: PLEASE NOTE THE FOLLOWING CHANGES: The Bid-Opening date has been placed on hold until further notice. This addendum SHOULD be acknowledged on the bid sheet andlor returned with your Invitation For Bid Form, (Bidder Acknowledgment). All other terms, conditions and specifications remain unchanged for Bid No. N-X-06-340-82. NAME OF COMPANY: FCL-P603-2007 PT/MM/08201P608 2007 arzorol BtD NO. N X-06-340-B2 URCHASING IVISlON BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA ADDENDUM N0.10 FENCING, CHAIN LINK_ (NON-SHELTERED MARKET) DATE OF ADDENDUM: October 2.2007 TO ALL PROSPECTIVE BIDDERS: PLEASE NOTE THE FOLLOWING CHANGES: The Bid Opening Date remains delayed anti! further notice. 2. Page 1, Section 1, Delete the following paragraph: "All prices, terms and conditions remain fixed until October 1 of the contract period. Subject to the Living Wage Ordinance, upon each October 1 after the contract goes into effect, the hourly labor rate paid to employees covered by the Living Wage are to be adjusted consistent with the Consumer Price Index (Miami PMSA Consumer Price Index for all Urban Consumers) on December 31 of the year prior to the October 1 effective date of the indexing. In addifton, the contract prices for the product/services rendered to the County wilt also be adjusted consistent with the Consumer Price Index (Miami PMSA Consumer Price Index for all Urban Consumers). All other terms and conditions shall remain fixed for the initial contract period and the renewal period." 3. Page 1, Section 1, Add the following paragraph: "In accordance wifh the living Wage Ordinance, upon each October 1 a after the contract goes into effect, the minimum hourly labor rate paid to employees covered by the Ordinance are to be adjusted consistent with the Consumer Price index (Miami PMSA Consumer Price Index for all Urban Consumers) on December 31 of the year prior to the October 1 effective date of the indexing. There will be no escalation of contract prices paid by Broward County to the vendor due to the increase in wages paid to employees covered by the Ordinance. All other terms and conditwns shall remain fixed for the initial contract period and renewal period." 4. This addendum SHOULD be acknowledged on the bid sheet and/or returned with your Invitation For Bid Form, (Bidder Acknowledgment) due on the bid opening date which wi{1 designated on a future addendum. All other terms, conditions and~pecifications remain unchanged for Bid No. N-X-06-340-B2. NAME OF FCL-PB03-2007 EGlMMl1002/PB10.2007 10!2107 BID NO. N X-06-340-B2 URCHASING {VISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA ADDENDUM N0.11 FENCING, CHAIN LINK NON-SHELTERED 11!lARKET DATE OF ADDENDUM: November 7.2007 TO ALL PROSPECTIVE BIDDERS: PLEASE NOTE THE FOLLOWING CHANGES: The bid opening date is revised to Tuesday, November 27, 2007 at 2:00 P.M. The Broward County Community Disadvantaged Business Enterprise Program (CDBE Program) shall apply to this contract. The CDBE Program objective is to ensure that small and economically disadvantaged businesses based in Broward County are able to meaningfully participate in Broward County procurement and projects as primary contractors and as subcontractors of primary contractors. Broward County (hereafter sometimes referred to as the County) seeks to accomplish this objective through the establishment of annual and contract goals. in an effort to achieve these goals, the County requires all who respond to this solicitation to utilize or attempt to utilize CDBE firms in performing the contract that will result from this bid in at least the percentage amount assigned for this bid. The CDBE participation goal assigned for this contrail is 15%. The Office of Equal OpportunitylSmall Business Development Division maintains an on-line directory of CDBE firms. The on-fine directory is available for use by bidders at http://www.broward.org/smallbusiness/directory.htm. Bidders shall neither prohibit a CDBE fine from nor inhibit it in offering its goods or services to other bidders. A bidder may be disqualified from consideration for award under this bid if it is determined by the County that the bidder prohibited a CDBE firm from or inhibited a CDBE firm in offering its goods or services to other bidders that compete or that may desire to compete for award of this bid. Compliance with the requirements of this Addendum is a matter of responsiveness. To be responsive, a bidder MUST comply with the CDBE Program requirements related to submission of bids. These requirements are set forth in Exhibits A and B of this Addendum and in Broward County Ordinance No. 2007.32. A copy of the Ordinance may be viewed on-line at http://wuuw.broward.orglsmallbusinesslcdbeoverview.htm. FCL-P603-2007 EGlMMl1107lP611-2007 page 1 of 11 11!7!07 BiD NO. N-X-06-340-B2 ADDENDUM N0.11 November 7, 2007 ADDENDUM N0.11 (Continued) FENCING, CHAIN LINK NON-SHELTERED MARKET 3. The provisions set forth in Exhibit B shalt be included in and shat! become material terms and conditions of the contract resulting from the award of this bid. 4 The attachments to this Addendum are identified as follows: • Exhibit A -CDBE Requirements for Submitting Bids • Exhibit B -Requirements for Contracts with CDBE Goals • Supplement Form 2007 - 1 tilted Letter of Irrtent to Utilize Community Disadvantage Business Enterprise (CDBE) Subcontractor/Subconsultant Supplement Form 2007 - 3 titled Schedule of (CDBE) participation Supplement Form 2007 - 4 titled CDBE Unavailability Report (required only if the CDBE participation goal is not met) This Addendum MUST be signed below and returned with your Invitation Far Bid Form, (Bidder Acknowledgment) due Tuesday November 27, 2007 at 2:00 p.m. 5 All other terms, conditions and spec cations for Bid No.NX0634082 remain unchanged. NAME OF COMPANY: SIGNATURE OF COMPANY REPRESENTATIVE: NAME 1~ TITLE OF COMPANY REPRESENTATIVE: .`~. / r ~~.S~.LI C/,~~ or print) FCL.PB03-2007 EG/M AI-11107/PB 11-2007 118107 Page 2 of 11 BID NO. N X-06-340-62 ADDENDUM N0.11 November 7.2007 EXHIBIT A CDBE REQUIREMENTS FOR SUBMITTING BIDS A BID WILL NOT BE CONSIDERED RESPONSIVE UNLESS THE BIDDER COMPLIES WITH THE CDBE PARTICIPATION GOAL ESTABLISHED FOR THtS CONTRACT (AS PROVIDED IN PART I BELOW) OR DEMONSTRATES THAT THE BIDDER MADE A GOOD FAITH EFFORT TO MEET THE CDBE PARTICIPATION GOAL (AS PROVtDEO IN PART II BELOW) AND SUBMITS THE REQUIRED INFORMATION WITH ITS BID. PART 1. CDBE GOAL COMPLIANCE Bidders must comply with the CDBE participation goal established for this bid and must submit all forms required by items (1) through (5) in order to be responsive under this Part. The forms submitted shall only address the base bid. No altemate bid item(s) shalt be addressed. If CDBE participation for altemate bid item(s) is required, the participation shall be addressed after bid opening as follows: Certain projects may include altemate bid item(s) for which a bidder is required to submit a bid and for which the County reserves the right to award after bid opening. If the County chooses to exercise the right to award altemate bid item(s), the CDBE participation goal for this bid shall apply to the altemate bid item(s) to be awarded, and the County shalt issue a CDBE notice to the apparent successful bidder which shall require the bidder to comply with the CDBE participation goal for the altemate bid item(s)- Prior to award, the apparent successful bidder shall submit to the County all forms required by the CDBE notice applicable to the altemate bid item(s) to be awarded. Failure to submit the required forms may result in the bidder being deemed non-responsible and rejection of the bid. (1) The following information must be submitted for each CDBE firm that the bidder proposes to utilize if awarded this bid: a. The names and addresses of each CDBE firm that will participate in the contract resulting from this bid; b. A description of the work tha# each CDBE firm will perform; c_ The dollar or percentage amount of the participation each CDBE firm will receive under the contract resulting from this bid; d. Signed and sworn or affirmed acknowledgement before a notary public of the bidder's commitment to use each CDBE firm whose participation the bidder submits for the purpose of meeting the contrail participation goat; and FCL~?BO8-2007 EC/MM111071pf311 2007 page 3 of 11 11nro7 BID NO. N-X-06-340-B2 ADDENDUM N0.11 November 7, 2007 EXHIBIT A (Continued) CASE REQUIREMENTS FOR SUBMITTING BIDS PART I. CDBE GOAL COMPi_IANCE (Continued) e. Signed and sworn or affirmed acknowledgement before a notary public from each CDBE firm that i# will participate in the contract as provided in (1 )b. and (1)c. above. The information required in (1), above, shall be submitted on Supplement Form 2007 - 1 titled `Letter of Intent to Utilize Community Disadvantage Business Enterprise (CDBE) Subcontractor/Subconsuitant" and Supplement Form 2007 - 3 titled °Schedule of (CDBE Participation." Any change of a proposed CDBE firm after bid opening but prior to award shall be by utilization of another CDBE firm or firms certified by the Small Business Development Division to perform at least the same percentage of work that was to be performed by the CDBE firm being replaced. (2) If the bidder is a joint venture that includes a CDBE fim1 as a joint venturer, a °Joint Venture Eligibility Application" must be submitted with the bid either in addition to Supplement Form 2007 - 1 titled °Letter of intent to Utilize Community Disadvantage Business Enterprise (CDBE) Subcontractor/Subconsultant" and Supplement Form 2007 - 3 titled °Schedule of (CDBE) Participation° if credit is desired for the CDBE firm that is a participant in the joint venture. A joint venture that includes a CDBE firm as a bidder will be credited wRh CDBE participation on the basis of the percentage of work to be performed by the CDBE firm or the percentage of profd to accrue to the CDBE firm. For example, if a joint venture that includes a CDBE f+rm that is proposed to perform fifty percent (50%) of a project quoted at $500,000 and fifty percent (50%) of the profits are to accrue to the CDBE firm in the joint venture, the CDBE firm's participation will be credited as fifty percent (50°~) of the work or $250,000. A Joint Venture Eligibility Application may be obtained at the Small Business Development Division. (3) A CDBE firm that bids to provide the goods or services will be credited with CDBE participation for that portion of the contract work that the CDBE firm performs and for that portion subcontracted to other CDBE firms. That is, in determining whether a CDBE firm that is bidding has met the contract participation goal, the amount of contract participation by the bidding CDBE firm shall be included in calculating the total CBDE participation under the contract. For example, if a bidding CDBE firm proposes to perform fifty percent (50%) of the work quoted at $500,000 and to subcontracttwenty-five percent (25%) to a non-CDBE firm and twenty-five percent (25%) to a CDBE frrm, the CDBE participation will be credited at seventy-five percent (75%) or $375,000. (4) A bidder may also count expenditures far materials and supplies towards its CDBE participation goals if the supplier or manufacturer is a CDBE firm, and if the CDBE firm is under contract with the bidder to provide the materials and supplies. (5} A bidder must include the information required by (1) through (4) above with its sealed bid response. FCL-P603-2007 Ef3IMM11107lP611-2007 page 4 of 11 11nro7 BID NO. N-X-06-340-B2 ADDENDUM N0.11 November 7, 2007 EXHIBIT A (Continued) CDBE REQUIREMENTS FOR SUBMITTING BIDS PART II. DETERMINATION OF GOOD FAITH EffORT A bidder may be determined responsive despite the failure of the bidder to meet the contract participation goal for this bid if the bidder provides sufficient documentation of its good faith effort to meet the goal at the time the bidder submits its bid. A good faith effort to meet the CDBE contract participation goat shall be based on compliance with items (1) and (2) below; however, in determining whether a bidder has made a good fafth effort, the County may take into account the response of other bidders regarding the contract participation goal. For example, when the apparent successful bidder faits to meet the contract participation goal, but others meet it, it is proper to question whether, with additional reasonable efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the average CDBE participation obtained by other bidders, this may be viewed, in conjunction with other factors, as evidence that the apparent successful bidder made a good faith effort. In addition, the quality, quantity, and intensity of the various efforts made by the bidder shall be considered in determining whether a bidder has made a good faith effort to meet the goal. In all cases, final determination of the sufficiency of a bidder's good faith effort may be made by the Board of County Commissioners. (7) A bidder who has made a good faith effort but failed to meet the contrail participation goal established for this bid shall complete and submit a "CDBE Unavailability Report° at the time the bidder submits its bid. Bidders who submit a CDBE Unavailability Report with their bid must demonstrate the reasonable efforts they made to meet the goal by submitting adequate documentation. (2) A bidder shall support its demonstration of good faith effort by submitting a detailed written statement or statements of its effort together with adequate documentation of such effort. A bidder may demonstrate good faith efforts by reporting and documenting the activities undertaken, which may include, but are not limited to, the following: a. Specifically soliciting CDBE firms (or firms that are eligible for GDBE certification) that have the capability to perform portions of the contract work. For example, a bidder should consider soliciting such CDBE firms while in attendance at pre-bid meetings, or by targeted advertising, or by written notices. The bidder must solicit CDBE firms in a timery manner to allow them to adequately respond to the solicitation. The bidder must take appropriate steps to follow up its solicitation of CDBE firms. b. Identifying portions of the work required by the bid that can reasonably be performed by a CDBE firm. This may include, where appropriate, separating work items into economically feasible units to facilitate CDBE participation, even when the bidder might otherwise prefer to pertorm the work with its awn forces. FCL~B03 2007 EGlMM/110T/pB11-2007 page 5 of 11 ~~nro7 BID NO. N-X-06-340-B2 ADDENDUM N0.11 November 7, 20.07 EXHIBIT A (Continued) CDBE REQUIREMENTS FOR SUBMITTING BIDS PART II. DETERMINATION OF GOOD FAITH EFFORT (Continued) c. Providing each interested CDBE firm with adequate information about the plans, specifications, and requirements of the work in a timely manner. d. Negotiating in good faith with each interested CDBE firm. Evidence of such negotiation should include the names, addresses, and telephone numbers of CDBE fimts that were considered; a descr+ption of the information protided to the CDBE firm regarding the plans and specifications for the work selected for subcontracting; and evidence as to why there is not a current agreement with the interested CDBE firm to perform the work. e. Use of good business judgment regarding a number of factors in negotiating with all subcontractors, including CDBE firms, and in considering such subcontractors' pace and capabilities. The fact that there may be additional costs involved in subcontracting with CDBE firms is not in itself a sufficient good faith effort that justifies a bidder's failure to meet the CDBE contract participation goal, if such additional costs are reasonable. The detemtination of whether additional costs are reasonable shall be made by the Small Business Development Division, in consultation with the County's Purchasing Division. f. If a CDBE firm is rejected as unqualified to perform desired work, such rejection must be for sound reasons and occur onty after a diligent investigation of the CDBE firm's capabilities. FCL-PB03 2007 EG1MM111071PB11 2007 Page 6 of 11 11!1107 BID NO. N-X-06-340-62 ADDENDUM N0.11 November 7, 2007 EXHIBIT B REQUIREMENTS FOR CONTRACTS WITH CDBE GOALS The #erms and conditions set forth in this Exhibit shall be binding upon the successful bidder and shall be additional terms of the contract resulting from the award of this bid. The terms and conditions set forth in this Exhibit shall also be include uttin from the awa d tof this bid.~e~~l bidder executes with a subcontractor in fulfillment of the contract res g For purposes of this Exhibit: (a) °Contrailor' shall mean the successful bidder for this Invitation For Bids; (b) "CDBE Subcontrailo~ shall mean each CDBE firm included in the Contractor's biC aContract Administator" and the CDBE Subcontractor is certified in accordance with the CDBE Program; () shall mean the County representative assigned to manage the contract resulting from award of this bid. 1. No party to this contract shalt discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, or familial status in the pertormance of this contrail. 2. The Contractor shall comply with all applicable requirements of the Broward County Community Disadvantaged Business Enterprise (CDBE) Program in the award and administration of this contract. Failure by the Contractor to cant' out any of the CDBE Program requirements shall constitute a material breach of this contract, which shall permit the County to terminate the contract or to exercise any other remedy available under the contract, under the Broward County Administrative Code, under the Broward County Code of Ordinances, or under applicable law, all of which remedies being cumulative. 3. The Contractor shall not terminate a CDBE Subcontractor listed as a subcontractor without cause unless the Contractor has received the County's prior written consent. 4. If a CDBE Subcontractor is terminated for any reason, the Contractor shall make good faith efforts to find another CDBE to perform the work to be pertormed by the original CDBE Subcontractor. 5. The County shall have the right to review each proposed amendment, extension, modification, or change order to this contract that, by itself or aggregated with previous amendments, extensions, modifications, or change orders, increases the initial contract price by ten percent {10%) or Fifty Thousand Dollars ($50,000), whichever is Less, for opportunities to include or increase the participation of CDBE firms already involved in this contract. The Contractor shall make a good faith effort to include CDBE firms in work resulting from any such amendment, extension, modification, or change order and shall report such efforts, along with evidence thereof, to the Small Business Development Division. 6. The Contractor shall allow the County to engage in on-site reviews to monitor the Contractor's progress in achieving and maintaining its contractual and CDBE Program obligations. Such review and monitoring shall be by the Contract Administrator in conjunction with the Small Business Development Division. FCL-P603 2007 EG/MM/1107/P611-2007 Page 7 of 11 11 R107 BID NO. N-X-06-340-B2 ADDENDUM NO. 11 November 7.2007 EXHIBIT B {Continued) REQUIREMENTS FOR CONTRACTS WITH CDBE GOALS 7. Upon award or execution of this contract by the County, the Contractor shall enter into a formal contract with the CDBE firms the Contractor selected to fulfill the CDBE parkicipation goal for this contract. 8. The Contractor shall submit monthly reports regarding compliance with its CDBE obligations to the Contract Administrator with its partial pay request. The monthly reports shall be submitted on a form which may be obtained at the Small Business Development Division. 9. The Contractor shall inform the County immediately when a CDBE Subcontractor is not able to perform or if the Contractor believes the CDBE Subcon#ractor should be replaced for any other reason, so that the Small Business Development Division may review and verify the good faith efforts of the Contractor to substitute the CDBE Subcontractor with another CDBE Subcontractor. The Contractor may change its CDBE Subcontractor only upon receiving the prior approval of the Small Business Development Division. 10. The Contractor acknowledges that the Board of County Commissioners, acting by and through the Director of the Braward County Office of Equal Opportunity, may make minor administrative modifications to the CDBE program which shall become applicable to this contract if the administrative modifications are not unreasonable. Written notice of any such modification shall be provided to the Contractor. 11. If the Contractor fails to comply with the requirements of Phis Exhibit, the County reserves the right to exercise any administrative remedies provided by the Business Opportunity Act of 2004, or any other right or remedy provided in this contract or under applicable law. FCL-P603-2007 EG1MM/1107lP614 2007 page 8 of 11 14!!/07 Nov 26 07 03:54p Andes Fence I IJG I/LVVI IV.41 Inn V.~`~VVV I~V4 ;;.~ ••:v SN~pb9111w111t FOfm 207 , 7 Y L.E7TER GF INTENT 7o utilize a Gornt»unlry Dl3>ebVelitSQe Business EnteTpAsa ~~~~ ~uCts:nvacz~s+bconsttltsr>x pp(}ENDUIM Pi0.1't November T, 2007 From: Martin Fence Co. {Name oTpnypour.+8idd9rl Tv: BRSh'Ord CaurM. Select{on omd NeQoOi>aliC~- Cerrlrni0-ee ~~~ ~,~,,,; Fencin Chain Links Non-Sheltered Market ) In taslx~a to rnworo coue+ty's 81.1.=8-d t*ro• N -X - 0 6 - 3 4 0 - B 2 the u»decsiejr+~ ~s'ebY agf6es to ~Za thr CC18E Srm Gsiad b01ow, i+1 iwHfGAd ~~ tfis Pr~ipjecjted urtderai9ned Tiirtfte~ tetti~ thoi the fam 6a1s boon cvr+toded and p*oPadY PP~~ wvfk ossipnmefitfs! upon execution odth® ovrttracl with 8rowo1+0 Gpunty-^ Name of Finn: ~ v - - - (ProL10SA47 GdBE Subcdths+cror.5u>aco~~0nU "~~a t eri 1 S s ca+vrlcr F t:® awar09rS' 1 5 ~ Pe.~c _ rporieramoun °-~~ J~o7 •f 7 wr¢ oT m ~ or ¢6d Fiaq ! 1Datey 4 s,k~(~oa a++d sworn tree this 27thday of Novo .~ ~7 ' -t77e ,,,,~ An ~narvnaual w+ln tnA prime con h+rem isl-ue and C.O~f~ ~~~~ ~ /~ ' ~= Commission ~! DD52966~ ~~. : o~ ~ f f Auht7~igJfd BPD.) ~j~~/O~OB) tint betprte iys ~~ doyof, ~IIJ~'~~/~ ?00 rg, /P,`,n ~+-Inaxarxo.lre eoo.38sJw@ ~-{f~CK71dW6lli' 8Y THE pR040$ED CD6E FtR1K11- - - - - - - ir7LBr7Cl5 ~ pOAvrsn 1NPrk ' ntlCJ'-On vuBh the .7Ddve Cwfirdd at fd'1ec~t one) -_.- a Pm'tndship o corporet+on ~ a iokn venture, Tha utlll@rSKfi+04 IIg1te95 n proposa+ and further dies Q+¢t a1t Rrtormati~n pr0v:.t1P?' {Notary g¢oi} 53DU fati~eianta corm 2007-t Iv4TAR1',I • $'f~TE OF FIARID~" "",,,-. Jimmy Cabrera Commissmn ~DD628707 Expires: 3AN. 11, 201 BGh'DER THItt1 n'jI.AN7ICBONDING CD.,IIiC. ~/.\aT.~FtY PUBLIC - 57;:T" ~ -' "r'.9RIDJ~ .`~',;Cocnmiss~ #DII62670~ Expit~es: JAN. 21, 2011 ..:c,; •..I~;s~L aluti-rlc~o~~DU1GCfl.,txr. 9644726925 P•'i FCL~Op3,70DT EC,iMAr11pTlP871.~1l07 Page 9 of 71 148107 ' BID NO. N-X-06-340-B2 ADDENDUM N0.11 November 7, 2007 O s c w. a~ Ca U ~ a LL1 a..ci 0 ~" 0 V .1 a, O -' W ~ J V X 0 ~ W C 2 `~ ~ 3 E `o N .~ ®:-M ~- ~' ~ ~',: . f>srY ; ~^ 0 ~r Supplement Form 2007 - 3 a ° ~ a d m y ~ _v b ~ ~ ~ r r ~ ~ ~ ~ u~im 3da r ~ < L e r ~ °J ' O •rl ~ o ~ ~ ~ ~ d ~ 1 1ll ~1~+ n ~~ v~ a d~ ~C ~ ~ H ~„" CJ~ l L() p ~ N p a N V l~ p N ~ ~ ~ H i ~a .G y th W 17 B l"- N d C O L •r{ ,- ,7 N ~~ a, ~ A F- ~ O C m O \ Q} O ~ dl ~ Z O ~„~ X w ~ y..~ H N .Q ~ Q3 ~i a ~+ C N r N ~ ~ W ~ ~ U U P U n Q . i ' O A ~~ ~~ ~m~ ~ ~ c 'N€ ~ V ~ > ~an g n ' _ .~ o •Y ~ .m tom ~ ~ N 5 ~ m ~ N L e -~ o E ~~~ ~8"' o~~ -€ ~o~ d a .c m ~~~ 3 '° m m m •- 6 .a m own ~m~ om~ $ ~ n f0 ~ m m - a v v n ~ m o ~~ o ~~ N N V ~ ~ N ~ G ~ 0 r - v ~i .'..~ N N ~i G1+ 0 FCL~B03 2007 EGlMM111071PB71-2007 Page 10 of 11 11/7/07 BID NO. N-X-06-340-B2 ADDENDUM N0.11 November ?, 2007 Supplement Form 2007 - 4 CDBE NAVAILABILITY REPORT RL1iBID NO. (NAtitE OF PRItv1E CONTRACTOR) (ADDRESS) (TELEPHONE NO.) Tne undersigned representative of the Prime Contractor personally appeared before the undersigned oNicer authorized to administer oaths who after being duly sworn states that the undersigned has contacted the CDBEs listed below and that said CDBEs are unavailable to ntormation regarding CDBE subcontractors s true and corbectbo the best of hPs;he aknowledge:'~ ~, The following CDBE contractors were invited to bid subcontract work. but were not available to work. (Attach list if necessary.) Name 2_ The following CDBE contractors were invited to bid subcontract work. but did not respond to the invitation. (Attach List R necessary.) o e The following CDBE contractors submitted bids which were not the low acceptable bids. (Attach list if necessary.) Name If you did not get any responses io your soficltation of CDBE contractors, please detail your efforts to recruit eligible firms. i.e.. advertising, personal cells, mailing lists. etc. Ihformation provided will be verifred. Attach all supporting documents such as newspaper ads, phone fists, mailing lists. etc. Signature: Date: Title: FCL-P603-2007 EGlMMl11071P611 2007 11 R/07 SSDD (-~Niiarroa Form 20.7-d Page ii of 11 Nov 26 07 03:56p Andes Fence 0 m c N m m m m c C ~'v c u3 m . ~ 0 ~ W ~ 0/ p, °m°~ cw n'~ m~~ 3 w w° a ~ a c ~~ ~ ~. a. 7 n ~ ~ U~ ~~ O~~o ~~~, 3 4J ~ !D N O~ ~ O N ~ ~ a m m m 7 A m L 0 til a a 3 n m c~ W m n n m m x a m m m rnN N O P r H c' 9544726925 P• 1 ~ v -t~ Ca ~"~. ~ CAD ,~• ~ ~ CD ~ r~ ~ p3 ~,. ~ a ~ y ~ ~ N .~ e td ~ t~ c ~ ~ o ~ ~'• a' ~ ~. m ~ • ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ -~ j ,., . p m `a 7 fi d p ~-~ O < ~ ~' ~ ~ O ~ ~• ~ = .p • ~ c ~ 7 .. ~~~ ~ ~ m ~• ~ ~ -+~ _ `° o , ` c°D ago Q ry =~ Pi G o a ~ ~ "fl ~ 0.3 "'~ o s _ ti~ ~ ~ ~ ~ ? ~ 7• y ~ w ~ ~ `` ° ~ w K ~ N v z and ~. ~ ~ ~ ~ ~ ~ ~ o ~ 2 ~ ~ W ~• ry ~ ~ r , u~. ~ ~ w, M w. ~ ~ ~_ ~ ~ ~ ~ o' ~ [D • rt v P Vyf ~ ~ ~ x ~ v. n ~ ~ ~ ~ ~ ~ C '..~ „n„ ~ .~.~, ~ G3 CJ1 • ~ ~ 01 M O ~ p .~ \~ i C~ 1"~ J ~c, r~ ~/ Ssa'°'~ ~.% ~~ F3 •c C:C ~ ~. (~ c::.. ~~ r~ }c^'2 :• I.~+ i~ n fi r- n JU~/~v1~ ~~~- < <I ~ ~ / ~ r 5tlSMIT 611D110: BOARD OF COUNTY COMMISSIONERS Broward County Purchasing Division BROWARD COUNTY, FLORIDA +< ~ Apn 115 S. Andrews Avenue, Room 212 ' B / 1IV.~ ~.-~LOUNTY Fort Lauderdale, Florida 33301-1801 I N V I TAT I d N FQ R B I D ' 954357-6065/66 Bidder Acknowledgment --GENERAL CONDITIONS -- THESE INSTRUCTIONS ARE STANDARD FOR ALL CONTRACTS FOR COMMODITIES/SERVICES ISSUED BY THE BOARD OF COUNTY COMMISSIONERS. THE BOARD OF COUNTY COMMISSIONERS MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN THE SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS. BY ACCEPTANGE OF A PURCHASE ORDER ISSUED BY THE COUNTY, BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS INVITATION FOR BID SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT 4F THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY. ~ ~ ~ ~ ~ ~ ~ ~ '~ ~ ~ ~ ~ r SEALED BIDS: Thls form must be executed and sub- 81DS WILL BE OPENED 2:00 p.m. MAY t, 2007 miffed with alt bid sheets and should b0 in a sealed end may not be wmedrawn within 90 calendar days efier.such dale and time. envelope. (PLEASE INCLUDE ONE ORIGINAL SIGNED T L !NK AND ONE PHOTOCOPY BID Tt7tE BID DOGU EN IN B UE OFSIGNED.[31DO000MENTPER ENVELOPE).Theface FENCING, CHAIN UNK!(NONSHELTEREO tiMRKE'I~ of the emrelope should contain the above address, the date and the tjme ofbki o>Seningg, and bid number. Bids not submit- All bids are subject to ted on attached bid ma be rejected y . the.conditionss ecified harein.Those which do not comply Blo No. NXO634062 with these cond"Itions are subject to rejection. 1. F~CECUTION OF' BID: A. Bid must contain an original PURCHASING AGENT NAME & TELEPHONE NUMBER signature of an Individual authorized t0 bind the bidder. B ld b d i d i i Th i k b t d k h PETER THOMAS (95a) 357-6265 t or pr nte n e n s ou e must e ype n . blue ink. All corrections made by bidder to their bid must oEUVERr DATE ,fit ~ also be initialed. The bidder's name should also appear on each pa e of the bid sheet if required No award B SEE SPEGAL INSTRUCTION g . . wiU be made to a bidder who is delinquent in payment CASH tNSCOUNTTERMS of any takes, fees, fines, contractural debts, judgments, Of any other debts due and owed t0 the County, Of IS In default on any conVactual or regulatory obligation to the BID GUARANTY tS ATTACHED, WHEN REQUIRED, IN THE AMOUNT of S County. By signing and submitting this bid, bidder attests that it is not delinquent in payment of any taxes, fees, 5 ~ of 2 5 $ Bid Amount fines, contractual debts, judgments or any other debts due and owed to the County, nor is it in default on any RFJ1arON FOR NO BID contractual or regulatory obligation to the County. In the event the bidder's statement Is discovered to be false, bidder will be subject to debarment and the County may FEDERAL EMPLQYER I.D. or SOCIAL SECURITY NUMBER terminateanycoritractithaswithbidder.C.Biddercertifies 59-1892263 by signingthe bid that no principles or corporate officers DUN & BRADSTREET NUMBER of the firm were principles or corporate officers in any otherfirmwhichmayhavebeensuspendedordebarred 09-657-9479 from doing business with Broward County within the last BIDDER NAME three years, unless so noted in the bid documents. D. By signing this bid bidder attests that any and all state- Martin Fence Co , merits, oral, wiritten orotherwise, made in support ofthis 81DDER MA+UNG ADDRESS(cnY/STATFJZIP bid, are accurate, true and correct. Bidder advtowiedges that inaccurate, untrutMul, orlncorrect statements made 8 6 2 1 3 t h S t r e e t in support of this bid may be used by the County as a rescission of the award basis for reJedion of this bid or Lake Park, FL 334 03 , , termination of the contract. Bidder actcnowledges that AREA CODE TEL.EPHO CONTACT PERSON the termination of the cantrac:t because of s determin~- tion of an inaccurate, untruthful, or incorrect statement 561 -848 68 ~ bert Greene made in support of this bid may also serve as the basis for debarment of bidder pursuant to Section 21-1 i 9 of FAX NO. BIDDERS E RESS thesrowardCountyAdmirtistrativeGode. 561- 4 ,~- mfence artinfence. r 2. BID WITHDRAWAL: Na bidder maayy withdraw their bid beforetheexpiration'ofninety (90)calendarda)rsfromthe date of bid opening unless vendor SO notes +n the bid. °AU H RI D S GN E bmit original +n bkfe ink) Robert Greene Pr~~i~lent. _ . (Continued on Page 2) PRINT NAME Tlt>F 9caA~reutp~kbidkaa6aa~aAiaiaader#adYi9.md,acannectionrAh enYa~poretlm,ttrmapasm e~aYCYi9 ebtdfor>l~saoelfa~rvloa,xitl klna9 talrondrMquloNNaiona/audlagtetoibide by aA cOedOfona d fhk Ek and aaNlytlbt f am adhaEatd t0 alga fide hid lortlee blddee: Fullest by aigeLradthls (onA P~ f 11ragA 6ae atl~orlalged and a0eepfpd ea well as.aey h+>d~udlm diaega) tlapp0eabk. Form k103-28 (Rev: Uosj Page 1 of 6 ~ 3. location and time 3 is the time clock ~tion area and will 3rvation. It is the it bid is defivered 1e:bid form: Bids, rnissioners reserves the-right to obtain such detNery frcirn others without penalry.or prejudice to the County or to the seller. 6. OPEN-EHO CONTRACT: No .guarantee is exp[essed or implied as to the total quantityof commodtties/servrnces toba purchased under any openend contract. Estimated quantities witl be used for bid comparison purposes only,The Board of County Commissioners reserves the dght to:-issue purchase orders as and when required, or, issue a' blanket purchase orderfor individual agendas andretease parfial quantities or, issue instnx~tons for use of Direct Purchase Orders.byvarious Courrty agencies, or, any combination of the preceding: No delivery shalt become due or be accoptabie withouta written order or shipping instruction by the Courrty,-unless otherwise provided in the contract. Such orderwill contain the quantity, lkne of delivery and other pertinent data. However,. on items urgently required, the seller may be given telephone notice, to be confirmed by an order in writing. 7. CONTRACT PERIpD (OPEN-END CiONTRAC~:The initial contract period shall start wtth the expiration date. of the previous contract or date of award, whichever !s latest; and shall terminate one (1) year from that date. The contractor wilt complete delivery and the County will receive delivery on any orders ma'fed to the contractor prior to the data of expiration. The Purchasing Director may renew this contract fora second period subject to vendoracceptance,satisfactory request. web site 4. ADDENbA TO BID:• Broward t:.ounry reserves the right to amend thjs lnvitation'For Bid prior to fhe Bid opening data indicated::Onlywrittan addenda.wiit be binding. If, upon re- vfew;:material:enors in specifications are found, contact-the Purchasing Division immediately, prior to. Bid opening date, to allow !or review and subsequent c1ar1(icatlon on the' part of Brbw2rd County. 5. t~Ftt~ES;:TE~tMS':& PAYEA~NTS: Ffrn'r prices shall be .btd artd irtdutle all handling, set up; shlpping.and Inside delivery charges,ta the destination shown herein unless otherwise Indicated. (a} The Bidder. in' submitting this bid certifies that the prices quoted hereln,are not higher than the prices a! which the same commodity(ies) or service(s) Is sold in apprwdmateiy sUnilar quantities under similar terms and cortd(tions to arty purchaser wtwmsoever. (b) F.O:B. - as spectfied in Special instructions to bid- der. (c) TIp;6ids: The. award-on tie bids wilt be decided by the Director of the Purchasing Division in accordance with the provisions of the Procurement Code. (d) TAJCES, Brawacd County isexempt from Federal 6cctse and. Florl[ia: Sates taxes on direct purchase of tangible The Contractorshaltpayallappllcablesalas,consumer, land' use, or other slmUar taxBs required by law. The Contractor is responsible 'for reviewing the pertinent State Statutes involving the sales tax and complying w(ttr alt requiremertts. (e) DfSCOt1fYTS: Bidders may offer a cash discount for prpmpt payment,.However; such discounts will not be considered iti determining the lowest net cost for bid evatuatianpurposes.Biddersshauld refiecianydiscourrts to' be considered in the bid evaluation in the unit prices (f)' M[STAKES: Bidders are cautioned to examine all docxnrierrts shalt not entitle diem to any relief frorrrlhe • • oondliions imposed in the contract in case of mistakes in extension; the unR price.shall govern. Multipiicaflon or addition errors are deemed clerical errors and shah be corrected by the County. (g) ORDERING; The . Board of County Commissioners actions due .to unlqua`or special needs. If an urgent deliviery 1s•.required; within a.shorier period than the delivery time spedtied in the contract and if the seltQr is una!>fe`to complytfterewiih; the Board of County Com- performance and determination that renewal wi11 be in'the best Interest othee County. Notification oflntentto Renew will be ma8ed sixty (60) calendar days in advance of expiration date of this contract. Alt prices, terms and e:onditions shelf remain Grm for the initial period of the contract and for any renewal period unless subject to price adjusunent specified as a 'special condition" hereto. . !n the event services ane scheduled to end because of the expiration of this contract`; the Contractor shag continue the service upon the request o1 the Purchasing Director. The.extenslon period shat! not extend for more than ninety (f)0) days beyond the explraHon date of the existing contract The Contractor shall be compensafed for the service at the rate in effect when this extension clause Is Invoked by the County. 8. FlXEDCONTRACTQUANTITIES: Purchase order(s)forfull quantities wiq be issueii to successful bidder(s) after notifica- tion of award and receipt of art required documents. Fbced contract quantities up to twenty (20) percentof the originally specified quantities maybe ordered prior to the expiration of one (t }year after the date of award, provlded'the Contractor agrees to furnish such quantities at'the same prices,: farms and conditions. 9. AWARDS: tf a speck basis of award Is not estabfished in the special instnrctlons to bidders, theaward shat! be to ftie°responsible bidder with the lowest responsive bid meeting the written specitrcaitions. As the best interest of the Board of County Comrrdssioners may require, the right is reserved to make award(s) by fndiv[dual commoditiesJservices, group of commodities/services; ail ornone orany cornbina- tion thereof. When a group is specified, all items within the group must be bid: A bidder desiring to bid "No Charge" on an item In a group must so indicate, otherwise fhe bid for the group will be construed as incomplete and may bo rejected. However, tf bidders do not bid ail. items within a group, the County reserves the right to award on an item by item basis. When a group bid is indicated for variable quantities and the bid for the group shows evidence of unbalanced bid prices,. such bid may be rejected. The Purchasing Director, or the Board of County Commissioners, whichever is applicable Page 2 of 6 Pages 10. 11. 12. TES (a) ro) (c) ~rv~.the rfp-rt to valve iechnicalltios and kregulartties 13. CONi)1110Nta ANb PACKAGING: Urdess otherwise slated toire}ect arty or alI Wds. in the spedaf instractions to tNdders or the. bid sheets, or .~.~,oo, ~,..w~„~.~ovcm,.«.on,o.,,~:wYun,a,x,N,ciNnrry ~rrgnt StendafdS pfoductiOR model avtilf8ble 8t the time of Hced as indicated.in contract and/or order. irrvoioes must the bfd. The goods must be suitably packaged for shipment r #lie purchase order number. b common carrier. F~ch containeror rnu y tttple untts or iterr~ JVERY Deliverytirtieshaitbecornputedincalandardays othenvisepadcagedshalibearalabel,imprint,stendlorother i file issuance date of purchase order. Alttxwgh, aduat legible markings stating name of manufacturer or supplier, lasted date or number of calendar days for delivery may purchase order number and any other markings requUed pedtied, state numtierot calendar days required to make by specifications, another acceptable means of ktentitying rery. and installation slier issuance of purchase arder or vendor and Purchase order number. lest for services in space provided. Unions otherwise ~atedlntheGontr'ad~deitveryshaifbemadeberi+teen8:00 14. SAFELY STANDARDS: Unless otherwise stipulated'In the and 4:00 pm., KAonday through Friday; except holidays, bid, ail manufactured sterns and fabricated assembi[es shall at other time by speaal arrangements. Howe+rer goods comply with applicable requirements of Oocupatiorral Safety ~ireif for dally consumption, ar where the delivery is an and Neakh Act and any standards thereunder. In compliance rgerrcy; a replacement, or is averdtre, the convenience withCthapter442,FloridaStatutes:anytmdc'sirbshancaifsUedin re Division shall govern. If, 1n calculating the number of Sad(on3t3F-41.t1CioftheFloridaAdminist~ativeCodedelivered ndar days from the order date, the delivery date-falls on from a contract resulting from ibis bid must:be accompanied uurday Sunday or holiday, delivery shall be made not by a Material Safety gate Sheet (MSOS). A AAaterial'Safaty than.nexl succeeding tautness day. Delivery time may Data Sheet (MSDS) should also be sutxr>rtted to the froward or>sidered in determining award. County Risk Management Division, 115 South Aniirews tNINATtt?N: Avenue, Room 210; Fort Lauderdale, Florida 33301~1t303. The MSDS must include the following tnformatlon. AVAlt:A91L1TY OF FUNbS: If the tem- of this contract extends, beyorxi a single fiscal year of the County, the (a} The dremlc~l name and the cannon name of the toxic coati riuation of this Contract beyond the end df any figcal s~~• year sire!! be subject to the avalfability of funds from tfie (b) The hazards or other risks in the use of the toxic sub- Countyinaccordancewith Chapter f 29, Florida Statutes. stance. including: The Broward County Board of County Corrrmissioners siiaiP be the final authority as to avallabtitty of funds 1. The potential for fire, explosion, corrosivity; and and'. how such available funds are to be alkuted and reactivity; axpeladed. to the event funds tlpr'thls pro}ecUpur~chase 2. The known acute and chronic heaftE~ effects of i risks are notmade available orotherwlse allocated Broward fromexposure, induct(ngttiemedicafcoidihions.whlcfi Countymay terminate thisoontract upon thirty (30} days are generally recognized as being aggravated. by prior written notice to the contractor. exposure to the toxic substance; and NbN' PERFORMANCE: The Contract may be ter- 3. The primary routes of entry and symptoms of over- ninated for cause try the Awarding Authority fur the exposure. ;.ounty ar 'by Bidder If the party in breech has not ~rr>3cted the.breech within ten (.1l)) days after written (e) The proper precautions, handling practices, necessary wtice from the aggrieved party lderrtitying the breach. personal protectiveequipment,andoihersafetyprecau- ;ausa for termination' shall. fndude, but not be Um- lions in the use of or exposure to the toxic substances, fed to, faiture to°suitably perform the'work, fa~ure to including appropriate emergency treatment in case of >uitabfy delivergoods in accordance with the specifics- overexposure. ions and. instn~ctlons to this Bid, failure to contirwousfy (d) The emergency procedure for spills, fire, disposal, and rerforin the work In a manner c~lcuiafed to meet or first aid. tcccxnptish the ob)ecNves.of the County as set earth fn his Bld, or multiple breach. of the proviefons of this Bid (e) A desafption In lay terms of the knrnnyt specific potential. eoZwiB'istandkigwhetheranysuchbreachwaspreviously health asks posed by the toxic substance Urtended to valved or cured. alert any person reading this information. "ERMINIlT10N FOR CONVENIENCE: The Awarding (fj The year'and month, if available, that the information uitiiority may terrrunate"the ContracYfor convenience was compNed and the name, address, and emergency ipon rw :less than thirty. (30} days written notice. In the telephone rwmber of the manutar~urer responsible for nreM the Co~ntract.fs`terrlnatedfor convenience. f3id- Preparing the Information. er shall be paid for any !foods. propergr delivered and eruices'properlyPerformed to the-date the Contract (s f5. MANUFACTURERS NAME AND APPRQVED EQUlVA ~m>iriatad; however,, upon being notified of County's t:EfJTS: Manufacturer's names, trade names, brand names, ' Ieetlori to temilnate, Bidder siiait cease any deliver- information and/or catalog numtiers.Asted iri a speclfication rs, •shlPment or carriage of goods, and retrain from are tar information and establishment of quality level desired erforring further services or incurring additional and era. not Intended to limb competition unless otherwise xpenses under #re terms of the Contract. In no event speafied in the bkf. The bidder ma offer dq payment be made for Iosi or tuhire proftts: Bidder meeffi or exceeds the y a~ brand'whid~ spedfications for any item(s)_ h-bids da-owledges'and agrees tftai ten dollars ($iO:OQ) of .are based on equivalent products, indicate on the bid form re comper-sation to be paid by County, the adequacy the manufacturers name and catalog number. Bidder shall fwhich'is herebyaduwwledged'byBidder, fs given.as submit with !t-e bid complete descriptive literature and/or oeclticconsideraUon to Bidder for the County's rightfo spedficatlons. The bidder should also explain In detaIi the irminate this Contract. reason(s) wtryand submit proof thatthe proposed equivalent Page 3 of 6'Pages reserves the rfghf to waive iechnicalkies and Irregularities and to reJectarriror aU bids. 13. CONOtT1ONS AND PACKAGING: Unless otherwise staled in the special instructions b bidden; or the bid sheets, or specifically ordered from an accepted price list, depveries must consist only of new and.unused goodsand shall be the cxrrrent standards produdian rrwdel available at the Ume of the bid. The goods must be suitably padu3ged for shipment by common carrier. Each container or multiple units or items otherw~sepadraged shall beam label, imprint, sterxil orother IegiWe markings stating name of manufacurer or supplier, purchase order number and any other markings required by spedfications, or oilier acceptable means of identifying vendor and purchase order number. 14. SAFELY S7ANt?ARDS: Unless otherwise stipulated'In the bid, all manufactured items and fabricated assemblies shall 10. 11. order number. must or or where the delivery Es an. s overdue, the.conVenience. n calculating the number of #e, the dellvery.date falls on delivery shall be made not less day. Delivery time nmty 12. 7'ERMIN1t; (a) AYAII ff. the term of this contract aJ year of the County, the lability of funds be allotted and Couistymay terminals this cantrad upon thirty (30) days • pdfor writes notice to the contrador. ' (b) NipN PEiiFOFtifNiilNCE: The Contract mey, be ter- minated for cause`by the Awarding Authority for the County or "by . Blddei i the party fri breach has not correded ttte;ixeach within ten (f0) days alter wrten notice from the aggtteved party ktettWying the breads. Cause for termination shaft fndude, but not be lim- ited, to, failure to suHatily perform the'wodc, facture to suitably deliver gpads inaccordance with the specifics- . dons and lnstrudcorrs In ihls:Bid, failure b conUnueusly perform .the work in a manner calculated to meet of soxxxilplish the otiJectives of the County as setlorth to (c) TERwtiNAT1ON~ FOR tANVENIENCE: The ~0) days written notice. M ilia ~Iriated for convenionce, Bld- ~oods properly rieiivered and sd to the date the Contract is being notified of Cotuttys ier shelf cease any detiver- of goods, and refrain, from ~s or incurring aridttitu~al of the Carnrad. In no event lost ar tutors profits: Bidder that teri dollars ($10:00) of lid by County, the adequacy edgo3d by Bidder, is given as rider for the County's right to withChapter442, Sedllort38F-41.0 from a contrast n County Risk Management Division, 115 South Aniirews Avenue, Room 210; Fort Lauderdale, Florida 33301;1803. The MSDS must include the fallowing Information. (a) The chemical name and the conunon name of the toxic substance. (b) The hazards or other risks in the use of the toxic sub- stance, induding: 1. The potential for tire, explosion, corroslvlty, and reactivity; 2. The known acute and chronic health effects of; risks fromaxposure, indudingfhemedicalconditionswhlch are generally reoogni2ed as being aggravated. by exposure to the toxic substance; and 3. The primary routes of entry and symptoms of ovet- exposure. (c) Tha proper precautions, handling pradir~s, necessary persona! protective equipment, and othersafety precau- tions in the use of or exposure to the toxic sut~stances, indudutg appropriate emergency treatment in case of overexposure. (d) The emergency procedure for spiNs, fire, disposal, and first aid. (e) A description in lay terms of. the known spaditc potential, health risks posed by'the toxie substance intended to alert any person reading this information. (f) The year and montlt, i avail~le, that the information was oattpied and the name, address, and emergency telephone number of the manufacturer resportsibfe for preparing the information. 15. MANUFACTi1RERS NAME AND APPRQYED C-QUIVA- LEM'S: Manufacturer's names, frade names, bland names, informatlon andlor catalog, numbers.tisted in a spedfication are fw information and estabtlshment of quality level desired and era not intended to timk competition unless otherwise spewed in the bid. The bidder may offer any brand which meets or exceeds the spedfications for any kem(sy if -bids era based on o~uivalent products, indicate on the bid form the inanutacturer's name and catalog number. Bidder shall submtt with the bid complete descriptive literature and/or spedtications. The bidder should also explain in detaJ the reason(s) whyandsubmi proof that the proposed equivalent Page 3 ofi 6 Pages will meetthespeciftcations and not be consideredan excep- tion thereto.8rowardCounty Board of County Commissioners reserves me right to be file sole judge-of what Is squat and aa:ep(abla Bldswliichdpnotcompfywlththeserequlremerris are subjectio rejection. if Bidderfalts to name a substitute it witi.l~ assumed that me bidder will famish goods Identical to bid standard. 16. INTERPFiETATtONS Any questions concerning conditions and sPecifrcatiorts of this b1d shall be directed in writng. to the Purcfiasing Dhrision a minimum of 24 hours prior to bid opening.. No interpretation(s) shelf be considered binding unless. provided to alt Bidders in writing by me Purchasing Director. 17. NON-0dNFORMANCETOCONiRAt;'TCONDtiION.S:The are., fogrsd; upon'examination, not to meet the spedficatiar requirements,; Upon written notification of rejection, items st-alt be remoiied witfdrr five (5) calendar days by me Vendor at their expense and'redettvered at their expense. Rejected abandoned arid. Ute' Board strai( have the right to dispose of:them as its..own property. On foodstuffs and drugs, rw writteui' or rejection need be given. Upon verbal notice to da sb; the Vendor shall. irrunedfately remove and replace such; re1ected merchandise at .their expense. Rejection for n~a~-co}rforrrranee, [ailurrj to provide services cortformirtti to speaf>cations, orfailure to meet delivery schedules may result la cartractor being found in default. 18: INSPECTION, ACGEPTAHCE AND TITLE: inspection and aax~ptance will fie at.destlnation.Tideand riskof loss ocdam- age to all items shelf be'!he responslbllityof the contractor untU accepted by the County. 19. COYERNMF~ti'ALRESTRICTiOIitS: iritheeveritanvaovem- reseryas the.rigt-t to accept any such. alteration, inducting arty puce adjustrnents oa~&ioned mereby, or 1o cancel the corrtractat no furtherexpense to me County. 2A. LEGAC REQUIREAAF_NTS: Applicable provisions of alt Pectoral; State of'1=lorida, County and local taws, and of ail ordinances; rules and regtlatlona inducting the Procuremer-t Code of Broward County shall govern development, suturrt3t- tal and.evakcafion of-bids recc~iwed in response hereto and shall govern anY aridaU damns and disputes which may arise betwE~li.petson(SYsubmtttlr-g a ftid in response hereto and effect 21. lNDEMNIFlCATiON:Bldderettaltatatttirr-eshereafterirxlem• nHy, hold tarmless and, aYCourrtyAttorney's option, defend of pay for an.altamey selected by County Attorney to defend ~. court costs; .and expenses, fssion of Bidder, its employees, or accruing, resuitlng from, or arty Arid aN claims, demands, or causes of action of any nature whatsoever resuttlng from Injuries or damages sustained by any person or property. The provisions of this section shall survhre me expiration or earlier termination of this Contract. To me extent considered necessary by me Purchasing Director and the County Attorney, any sums.due Bidder under this Corttraci maybe retained by County until alt of County`s claims for indemniftcation pursuant to this Contract have been settled or otherwise. resolved; and arty amount witithekf shelf not be subject to payment of interest by me County.. 22. NOTICE: Written notice provided pursuant to:thls Contract sha1J be sent by certified United StatesMail,.postage prepaid, return receipt requested, or by hand-deflvery with a riequast forawritten receiptof adcnowledgmentofdeliyery,addressed to the party for whom if is intended at the placelast spedfied. The place for giving notice. strati remain the same as settorth herein anti} ganged in writing in the manner provided in this section. For the present, the County designates: Director, Broward County Purchasing Division 115 S. Andrews Avenue, Roan 2i2 Fort Lauderdale, Fl. 33301-1801 Bidder shall identify !n the ~d a designated person and address to whom natice shall be sent when required by the Contract. 23. JURISDfC710N, VENUE, WAVER QF JURY! TRiAI.: The Contract shall be interpreted and construed in accordance wim and governed by the taws of the state of Florida. Any any aeon irwolving the enforcemerrtor ktte rights hereunder shall be submitted !o me J State courts of Ufa Seventeenth Judicial C County, Florida, the venue silos, and shall me caws of the state of Florida. By entering i~ Bidder and County hereby expressly waive party may have to a trial by jury of any civil to this Contract 24. PATENTS AND RQYALTtES; The fodder, without excepton, shall indemnify and save harmless and defend me County, its officers, agents and employees from tiabliity.of any nature or kind, inducting but not limited to aUomey's-tees, costs and expenses for or on account of any copyrighted, patented or unpatented invention, process, or article manufactured or used in the performance of the contract, inducting its use by the County. tf the bidder uses any design, device, or materials covered by fetters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall inducts ail royalties or cost a-ising from the use of such de- sign, device, or materialsin arryrway involved rn the work.This provision shalE survive the. expiration or earlier ierminaton of the contract. 25. ASSIGNMENT,SUBCOI+CtAACT:Contraelo[shaNratirans- ter, convey, pledge, subcorKract or asstgn.the Reiforrrtartce required by this bid without the. prior wriHest catsent of the Purdmsirtg Dtrecior. Any Awani issued pursuant hi this bid invitation and the monies. which may become dine hereunder are not assignable, transferrable, or oUtetwise d~sposebte ext~pt with tits prior written consent of tine Purchasing Dino- tot. 26. QUAt.IFICA7tONS OF BIDDF~t: Bids wiN be oonstdered only from firms rtom~aUy engaged in providing the types of com- modities/ssrvlces specified herein. The Purchasing Director or me Board of County Commissbners, reserves the right to inspect the facilities, equipment, personnel and organization or to take any other action necessary to deterrNne ability to perform In accordance with specifications, terms and gage a of ti gages The Purdhasing Director or the Board of County mere wilt determine whether the evidence of ablt- rm is satisfactory and reserves the rigfrt. to reJed evidence or evaluation is determined to Indicate .perform. The Purchasing Director or the Board Commissioners reserves the right td consider a ie history of all illations and/or sitlons thereot. Failureof a Bidder may be grounds for termination successful Bidder. 8ldder shall ely of notice of any cftations or eceive after the Bid or Proposal --time of performance under arty 27. EL1tlALEMRLOYMENTOPP~RTUNI7Y:NoContractorshall discriminate against any employee or applicant for employ- ment t>ec~use of race, religion, age, color, sex or national origin, sexual ortentation, mental status, political affiliation, disability, or physical or mantel handicap ft qualified. Con- tractor strati take affirmative action to ensure that applicants sro employed, and that employees are treated during their employment without regatd to their race, reUgion, age, cobr, sex or rtAtionai origin, sexual orientation, marNat status, lions or requirements is a waiver of the ablfity to protest the specifications or requirements. b. Any protest fromabidderoroffererwithasubsiantialirtter- est in connection wltitthe solicitation orproposed award of a Contrail which is within the PurdtaSfig Directors aHrard authority shall be submitted In witting within three woridng days from thetime the recommendation foreword is made by a Purchasing Agent to the Purchasing Oiredor. c. Any protest of a solicitation or proposed award which is in excess of the Purchasing Dlreilot's award authority after the bid opening, shall be submitted in writing within seven m calendar days after such aggrieved person having a substantial interest should have known the facts giving rise theretC. 30. PUBLIC ENTiT'Y CRIMES ACT: Bidder represents.that its• response to this invitation for bid wilt not violate the Public Entity Crimes Ad, Section 287.133, Florida Statutes, which essentalfy provides that a person or affiliate who is a conbraa tor, consultant or other provider who has been placed on the convicted vendor list foUowfig a oorrviction of a Public Entity Crime may not subntR a bid on a contrail to provide any goods or services to the County, may not submit a bid on a contract with the County for the construction or repair of a pubUc building or public work, may not submit bids on leases or reauftment advertising,. Payoff or termination, rates of pay or other forms of compensation; and selection of training, including apprentlceship.Tha Contractor agrees to post in conspicuous placers available to employees and applicants for employment, no8ces setting forth the provisions of this County work as a contrailor, supplier, subcontractor,. or con: under a contrail with the County, and may not trartsa business with the County in excess of the threshold a provided in Section 287.017, Florida Statutes, for ar two purchases for a period of 36 ntontits from the d being placed on the convicted vendor list. Bidder repn that its response to this invitation For Bid is not a viola Section 287.134, Florida Statues, which essentially that the County, as a public entity, cannot rip busines an entity that is on the 'discriminatory vendor NsY i.e been found by a court to have discriminated as d~ therein. ~olatiod of this sectloh shall result In canoe of the County purchase and may result in debarment. shall oompty with the non-discrimination requirements In Titre 49 C:F.fl. Paris 23 and 26, as amended:'the Subcon- 3i tractors, if anK wi11 t)A made aware of and will comply with this nondiscrimination douse. Failun3 to oompty with above requirements is a material breach of the contract, and may resuttin the termination of this contract or such other remedy as the County deems appropriate. RECYCLED CONTENT IfliFORMAi'tON: In support of the FEoricta Waste Management Law, bidders are encouraged to supply wtih their bid, any lntorntiation available regarding recycled material content in the products bki.7tte County Is particularly Interested in the type of recyded material used (such as paper, plastic, glass; metal,.etc.?;and the peroertt- age of recyded malaria! oortfalned inthe produd.TheCounty also requests information regarding arty krtoum or potential material content in the product that'may be exhorted and recyded after the product has served its intended purpose. 28. lilOfJiFlCATiONS: Ali dtartges to purchase orders shalt be by Issuance of a change order Any modifications or changes to .any :corttracK entered Into as a resuk of this bid must be try written amendment with the same forittblfty and of equal dlgntty prior to the JniBaUon of any such change. 32- 29. RESOLt1T1ONOFPR~TES7EDSOLtCITATION$ANDPR4~ PO$EU`AWAfif1S: in aocordartce with the Broward County Procurement Code Sec. 21.118, relative to 'Pre-tJtlgation Protested Soiidtations and Proposed Awards': or of- PURCHASE BY tJTttER GO1/£RNNENTAL AGENCIES: Each Govarnrrientat unit which avails itself of this contract wiU estabgsh its own place its own orders, issue Its own purchase orders, be imroiced therefrom and make its own payments and- Lssue Its own exemption certificates as required by the bidder. It is understood and agreed that &oward Courtly is not a IegaNy bound party to any contractual agreettaxtt made between any other governmental unit and the lHdder as a result of this bid. ....... y... _., r.. .....................,.y .~ ~ .'~..... 33. PUBLIC REGORRS• An material submitted is r to Pions orrequhements must he made wiihirt s$rrenty--two - Y esponss (72) ttours from the time the tads bec6rtte imown and, this Invltatiort For Bid wet become. a public doanrsertt pursu- In any case, at least twenty-tour (24) horns prior to ftte artt to Sectlort t 19.07, F.S. This Irtdudes material whidi the bid opening. Such protestmusibe:rnadain.wrftingtottte' responrfingbiddermightconskiartobec:ortfidentialoratrade PurdtasingLlfredar.Falluretotimetypratestbklspecifiica- secret.Atiydaimofconfidentiailyiswatved upon submission, Page S'of 6 Pages effective after opening pursuant to Section 119.07, F.S. 34. A{1DIT RIGHT AND'RETENTION OF RECORDS: County shelf have the:right to audit the books, records, and accounts of contractor that are related to this project. Contractor shall keep such`books, records, and accounts as may be ~~~es- sary in order to record complete and correct entries to the P-cl~• Contractor shall. preserve and make available, at reasonable times forexsmination and aud'Rby Courrty, ailfinanciai records, supportingdocurnents, statistiralrecords, andarryotherdocu• menu pertlnent to this $greement for the required retention p9riiid of the faprida Public Retards Ac# (Chapier 119, Fla. Stet:), tf applcable; or tt the Florida Public Records Act is not applicable, for a mt>tlmum per{od of three (3) years after #ermination of this Agreement If any audit has been initiated and audit fmdings have not been resolved at the end of the raterltion period or (3) years, whfcliever is longer, the books, recorcis and:accourrts-shall be retained urrtil resolution of the audit tindings. If the Florida Public Records Act is determined by Coun#y to be applicable to contractor's rgcorcts, contract for shall comply with aA requirements thereof, however, no confidentiality or nor~disdosure requirement of either federal or state law shalt be violated by contractor. Any Incomplete or lncorted entryin such books, records, and accounts shall be a basis for County's disallowance and recovery of any payment upon such entry. The,entire ctra}ater ofthe.Broward Courriy Piocu'rement Code de• scribing tht? aforementioned subjectmatter can tie obtained from the Purchasing'Division's Secretary by calling 954-357~$Ci71.You may also view and/or.download the Procurement Code, Notices for Bids, Hequ@sts fcr:Quolatlon, Request for Letters of interest, structure _af the Purchasirig. Division, telephone directory How to do Business with t3rawerd County and Vendor Registration on the intemet at: wwwbroward:org/purchasing l Page 6 of 6 Rages 07/20/2010 09:13 5618484466 MARTIN FENCE PAGE 02/12 STANDARD r*ORM t7F AGR>`EMENT BETW!^EN CITY AND CONTRACTOR ENT made this f> day of ~' _J, ~~~, by and THrS AGRErWtVI ~..--- ~!~'~~ between the CITY OF DELI2AY BEACH {hereinafter called CITY) and Martin Fence Ca. (hereinafter called CONTRACTOR). WiTNESSETH: The CITY and fihe CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows; 1. The undersigned CONTRACTORi hereby represents that he has carefully examined all Contract documents, and wiN peri:orm the contractual requirements pursuant to alt covenants and conditions. ~, The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that ft has examined the physical characteristics of the job requfrements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements- 3, The contract between the CITY and the CONTRACTOR shail include the foilowing documents which are attached hereto and incorporated herein by reference of the foliowirag: CONTRACT DC~CUIUIENT (S) Bid Qocuments (other agency) Standard I/orm of Agreement Corporate Acknowledgment Certificate Insurance Requirements pAGt~ NIUMBERS 1 ~ 90 91 ~ 95 96 97 98 91 07/20/2010 09:13 5618484466 MARTIN FENCE PAGE 03/12 GGNTRACT DfJCUMENTS (cont'cl} PAGE NUMBERS Sample Insurance Form 99 Drug Free Work Place Certification 100 (if not provided in other bid} Performance/F}ayment bond NIA ~. The term of this contract shall commence upon execution of this agreement by both parties and shaA continue for a period of one (1)year 5. This agreement shall be governed by the laws of the State of ~Fiorida as Now and hereafter in force. The venue for actions arising out at this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered 4r 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 3344.4 As to CONTRACTOR: Martin Fence Co. 882 13th Street Lake Park, FL 33483-2383 7. The CC7NTRACTCIR shat! not, without prior written consent of the CITY, assign any pori:ion of its interest under this contract and, spec'rFicaily, the GONTRAC7C71;2 shall not assign any moneys due or to become due witi-rout the prior written consent of the G1TY. 92 07/20/2010 09:13 5616484466 MARTIN FENCE PAGE 04/12 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party horeto in respect to all canvenanfis, agreements and obligations contained in the contract documents. 9. in consideration of ten dollars ($1gA0) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, fosses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY}, recklessness ar intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Pra~ect. CONTRAGTOfti agrees that negligent, reckless ar intentional wrongfiu! misconduct includes, but is not {invited to, use of any improper materials or liabilities, damages, fosses or costs caused by or on account of the use of any improper materials. CONTRAGT'OR agrees that negligent, redciess or, intentional wrongful misconduct also includes but is not limited to the violation of any Federal, state, County or City laws, by-laws, ordinances or regulations by the GONTRACT012, his subcontractors, agents, servants ar employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and flees, and from any and atl suits grad actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention ar patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and ail patents or patent rights claimed by any person, firm, or corporation. 93 07/20/2010 09:13 561848A466 MARTIN FENCE PAGE 05/12 The indemnification provided above shag obligate the CONTRACTOR to defend at his own expense or fo provide for such defense, at the Cil"Y'S option, any and all claims or liability and ai! suits and actions of every name and description that may be brought against the GiTY which may result from the operations and activities under this Contract whether the construction operations be perFormed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly emplayed by either. This indemnification (ncludes all casts anti fees including attorneys fees and costs at trial and appellate levels. The CITY will pay fo tha CONTRACTOR the specific consideration of tEn dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnificatian provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and fhe CITY. 11. The contract documents constitute the entire agreement between the CITY and the CtNTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. 12. The Parties agree and acknowledge that the CITY is "piggybacking" off of the con#ract between Martin Fence Co. and Broward County dated March 6, 2008 and that the terms and conditions of that agreement shall goverh unless they are in conflict with the terms and conditions of this Agreement, and in that event, the terms and conditions of this Agreement shall govern. liN WITNESS WHEREOF, the parties hereto have executed this Agreement, the 9~4 07/20/2010 09:13 5618484466 MARTIN FENCE PAGE 06/12 day and year first above writfien_ ATTEST: City Clerk Approved as to form: City Attorney WITNESS: G (Print or type name and title) CITY C7F DELRAY (3EAGH, FLORIDA gy. Mayor ~~~~~ /~~~~~~s {Print or type name and tit4e) (SEAL) .. - ~ /` . _ y .ti _ _ ,,,^ _ _ 95 07/20/2010 09:13 5618484466 MARTIN FENCE PAGE 07/12 CORPOaATf~ A.CKNOWLEt3GMf~NT STATE pF ~ ~-. Ct~UNTY OF Q~v~ ~ ~ The foregoing instrument was acknowledged before me this 2 cti day of ~ ~, ~~ _-- , 20 tom, by,~~l,7e~T. ~ ~~ ~~-P (name of officer or agent, title of officer or agent), of .rv~c, ~c.;~~,,.~~P (state or place of inaarparation) corporatfan, an i~ehalf of the corporation. He/She is (persanalfy kna,~!wrto rq~.,(or has produced identification) and has used w--.-~~ h isJher identification. afi fdentificafiian) as ~i~nature~of Pfrtsan Taf~n~ Acknowledgment Name ' f Ackno ledger Typed, Printed or Stamped ~CQro~atY 24,?o'Sq ~e : •••~ _~, :_ ppD 836985 96 07/20/2010 09:13 5618484466 MARTIN FENCE PAGE 08/12 CERT11=f CAT1= (lf Corporation) STATE OF FLORIDA ) SS COUNTY OF ) 1 HE EBY CERTfl=Y that a-meeting of the Soard of Directors of ~~f/ ,,,,,~ _ - , a corporation under tho laws of the State of ` held pn ~~ T P _, 20[x, the foElowing resolution was duly passed an dopted; "RESQLVED", that ~ , as /,n~T' President of the corp~on, he/she is hereby authorised to execute the Agreement dated ~--/,Gl~i~ ? o , 20yO, between the City of 1]elray Beach, Florida and this corporation, and that his execution therepf, attested by the Secretary of the Corporation and with corporate seal affixed, shad be the official act and deed of this corporation", I further certify that said resolution is now in full force and effect. IN WITNESa WHI=REUF, !have hereunto set my hand and aff<xed tl~e official seal of the corporation this ,day (Sea!) 97 07/20/2010 09:13 5618484466 MARTIN FENCE I V~iSFC~ fti~GtUiR1;MEfaTS A. C During the farm of the contract with the City, the contractor shaft procure anti maini~#n insurance of the types and to the limifa specified in paragraphs (1) to (4) Inclusive below. B, GOVT=f~AG~ Except as afiiserwise stated, the acnnunts and types of insurance shalt conform to the following minimum requirements: Worker's Carn2ensatlon ~ Coverage to apply fear till employees far 5tatut~ory limit's in aomptiance with the appticai~fe State acrd Federa} Laws, in add~ioh, thr•. policy must include tmploysr's Liability with a~llmit of $10D,ODO each accident. 2. ~amr~rehensive GOnerai Liabitity MCvv8rag9 must be afforded on•a fcrm na more restrletfve than the latest edltfon of the Comprehensive G$neral Liability Policy flied by the Insurance Services Office and must tnciude: a) Minimum limits of $300,0DO per occurrence combined single .limit for S3odily injury Liability and Property L7amage Liability. b} Premises and/or Operations. • c) Indcpondant Gantractors. d} Praducfs andlpr Cpmpteted Operations_ e) No exclusion for lJnd~rgraund, Explosion or Collapse hazards, 3. t3usiness_Auto_I?aticv -Coverage must bo afforded on a faun no more restrictive than the tetest edition of the t3usfi®ss Auto Policy flied by tlte~ Insurance Servic© Office and must include: a) Minimum Limits of $300,OD0 per aGCUrrenco combined single Simlt for l~odiiy Injury Liability and Properly Damage Liability. b) Owned Vehicles. c} Hired and Non-Owned Vehicles. d) lTmployer Nan-Ownership. 4. Certificate of Insurance - C~riXficates of alE insurance evidencing the insurance coverage specifited in the previous Snsurance Adm#nistrator prior to commencement of work. :the required C.erfifG8t4S afinsurc~nce shall not only name the woes at ooticies PAGE 09/12 biddo~_~t#1LlrtciutLe me city„af Delrati Besg~ ~s ed #tlgnai # cured. i1'the infffal insurance oxptrns pr#ar to the aompletiort Qf fibs work, renewal certlticates shalt 17e furnished thirty (30) days prior to the date of expiration. Also, under the Csncellatian s®ction of the Insurance CErtification the wards "endeavor tb" and °but fsSlure to mail such notice shall imp~ps~, no obligation or fiabll>ty of any kind upon the company, agents ar k repr~'ssritative" shalt ba crossed out as indicated on the attached °~ample of Insurance ' r.`'M.... Certif cafe°. Insut~nce celtlficata sample next page 98 07/20/2010 09:13 5618484466 MARTIN FENCE PAGE 10/12 56124371 fib CITY OF 1~LRRY iii ?; - , GObn ~TSU2tANCE, LtitC.. ~', Q, Ong ,y-Y~ ~ES';C CIIT ~ 11~ Ot0400 W~~G HQ tSSSflG. ,[~8C D8i'9~' . t~'t'i, U8A pp0U1 ~ xrmcnvE w,n axowrq ~v~~r `~'~ ~~ ~S w~,cn{~ 300 ~$ 3D0 ~. ~-o~-gv ~ ~-na-~9i 3-OX-90 ~ 3-•L11-81 R1 ~• J ~n~ s cr • • , .fasa7A .p} • ~ i S~ abmmtla ~ ~QO as b~1,av, Czaea oac ~.1ad,~caaed &.p~ris3.d,e 30 ddwg uz~tte~ aa~~t, 7 ~:~ B70 Pq8 AEC 21 '0m ].8;~3 ~Cl~lEP~ddE~S A~~IADfPQt~ Gt~V~RAC3~ ~. _ ~'K ~ ~'T.~TS Cnipp~g ~[iR~biCE CO, C . ~ ~ , ~ ~ Y.... ~9 e: t of 1 Yj IQ 10 DELR001 SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EICPIRATION GATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 U DAYS WRRTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SD SHALL MIPOSE NO OBLIGATION OR LIABILITY Of ANY KIND VPON THE INSURER. RS AGENTS OR City of Delray )3each 1st Avenue 50 N W REPRESENTATIVES. . . Delray Beach, P'L 33444 AuTHOR¢£o RESENT ACORD ZS (2001108) 07/20/2010 09:13 5618484466 MARTIN FENCE PAGE 12/12 DRUG FRF..i= INC}RaCi~~.AGi= c~R'rtt=ICATTC?N tf Identical tie bids exist, preference wili be given to the vendor vr3'to submits a oerti#icptfan with their bidlprvposal certifying ta,~y have a drug free workplace in accardanca with Section ~~7.087, Florida Statutes. i`he drug tree workplace pret~rence is appli~l ae foftaws: , IDE~fT'iC~ T!E BI~S• F'r~+PeronCe shaft be given to businesses with drugfree workplace programs. Whenever^{wa or more: bids which are equal with respect to price, quality, and service are received by fhe StatQ cf by any political SubdiviQion for fhe pracur~tarit of commodities or-cantraCiuai services, a bid rQCeived from a business tttaf certifies that ft has implemented adrug-free workplace pragram shah be -given preference in fhe award process. E^stabfished procedures for processing tie bids wiU be followed if none of the ti®d vendors have a drug free workplace program. As the person authorized fie .sign this statement, I certify that this ffrm.,complies fully with the #oliowing requirements ~1) This firm publishes a statement nottfying employees that the uniawfu) mariufacture, disMbuNon, dispensing,. possession, or use of a controlled substance is prohibited in •the workplace and specifying the ecfions that will be taken agafnsf emp}oyees for vfota#ions of such prohibition; ' 2) This #itm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any avai{able drug counseling, rehabilitation, and employee Assistance programs end the penalties that may be imposed upon employees for drug abuse viciations. 3) Thts firm glues each employee engaged In providing fhe comrnodi3xes or contractual services that are under bid-a copy ot`the statemenfi specified in subsection (t}. 4) ~ In the statement specified In subsection (1), this firm noffies the employbES that, as a conditian at ~n~arking nn the commodities or contractual servicQS that are under bid, the employee will abide by fhe farms of the statement and will abide by the tErms of the staternetlf and will notffy the employer of any convicflon of, or pica of guilty or Hole cont8ndere #o, any violation of chapter 883 or of any eonfrolled~ substance law of fhe Unitsd States or any state, 'For a vlolatioh occurring in fhe workpiace no later than five (5) days after such conviction. ~) This firm imposes a sanction on or requires the satisfactory part#cipatbn in a drug abuse assisi~noe or rehabilitation pragram if such is avaiirabta in the employee's community, by any employee who is so coravicfed. ~., 6) This firm will continue to make a good faith effo aintain drug-free w IacE through fmplemontation of this s9ction, ~~ ~,,,~; o rector's Name ~~..,~ igna ure ,Hsuh~a .~ ion MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: David T. Harden, City Manager DATE: July 16, 2010 SUBJECT: AGI;NUA ITEM_y.A. -REGULAR COMMISSION MEETING OF TULY 20, 2010 CONDITIONAL US1; REQUEST/CVS STORE ITEM BEFORE COMMISSION The item before the City Commission 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 City Commission initially heard this item on July 6, 2010. During Commission discussion following the hearing the applicant requested that their application be tabled until July 20 in order to allow time for a decision on whether the applicant was willing to provide on site security. The attached e-mail from CVS states that, "During times of 24-hour operation, the subject CVS store shall have a private security guard on duty between the hours of 12:00 midnight and 6:00 AM. 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 first obtain conditional use approval from the City for 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.m. 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 OPTED 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: 1. That no alcohol sales shall take place between 12 midnight and 7:00 a.m. (this condition was offered by the applicant); 2. That the CVS Pharmacy hours remain unchanged; and 3. That the project undergoes a OPTED review before implementation of new hours, if approved by City Commission. The City of Delray Police Department has undertaken a OPTED review and following is a summary of the OPTED review and the approach taken to mitigate the concerns that were raised. The OPTED review provided 5 operational recommendations. CVS has agreed to comply with all five recommendations, and has provided the following information for each of the OPTED items: . Therewas a concern regarding the CCTV system. The OPTED comment indicated that the CCTV system must be reconfigured to cover the south, east and west approaches to the store's main entrance. CVS will comply with this requirement through the addition and/or reconfiguration of the cameras on site, as necessary to gain the required coverage; . There was a concern regarding robbery and safety training of CVS employee. CVS will ensure that all employees receive Emergency, Robbery and Safety Training; . OPTED comments required that lighting engineers should certify that the entire exterior of the store, extending to the entire parking lot will receive no less than 2 FO's of light during night time. The applicant has submitted a new lighting plan which reflects that the entire site will has no less than 2 FO's of light, and which averages 5.56 FO's of light over the entire parking area; . OPTED comments required that a verifiable 'Cash on Hand' policy should be posted at all register locations. The applicant has indicated that a "Cash on Hand" policy will be posted at all register locations, and evidence of such will be provided to City staff; . OPTED comments also required that a warning sign stating "Cashiers have less than $50.00 on hand", must be posted at all entrances and register locations. The applicant has indicated that signs stating: "Cashiers have less than $50.00 on hand" will be posted at all entrances and register locations. In addition the applicant has indicated that CVS is prepared to implement these measures prior to commencing the 24-hour operations. RECOMMENDATION Commission discretion. However, if approved, the following conditions should be included: 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 from 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"; and 5. That a verifiable `Cash on Hand' policy needs to be posted at all register locations; 6. That "Cashiers have less than $50.00 on hand", must be posted at all entrances and register locations. 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 5T" AVENUE (700 NE 6T" AVENUE) 1. This conditional use request has come before the City Commission on July 6, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the establishment of a 24-hour late night business for CVS located on the southeast corner of George Bush Boulevard and NE 5th Avenue (700 NE 6th Avenue). All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. LDR REQUIREMENTS: LDR Section 4.3.3(W)(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 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Nor that it will hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met subject to the attached condition? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the conditional use request subject to condition of approval attached hereto. The City Commission hereby adopts this Order this 6th day of July 2010, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 2 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. (700 NE 6T" 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 from 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 ---STAFF REPORT--- MEETING DATE: Aa~ii ~s, zoio ITEM: Conditional use request to establish a 24-hour or late night business for CVS Pharmacy. The property is located at 700 NE 6th Avenue. GENERAL DATA: Applicant ............................ Holiday CVS, LLC/Lease Holder Agent ........................................ Alfred J. Malefatto Location .................................... 700 NE 6th Avenue Property Size ............................. 0.98Acres Future Land Use Map ............. CC (Commercial Core) Current Zoning .......................... CBD (Central Business District) Adjacent Zoning ..............North: CBD (Central Business Distract) East: CBD (Central Business District) South: CBD (Central Business District) West: RO (Residential Office) Existing Land Use ..................... CVS Pharmacy Proposed Land Use .................. CVS Pharmacy (24-hour Business} Water Service ........................... The property is currently served by a 6" water main located along NE 8h' Street r-o-w. Sewer Service .......................... Sewer service is currently provided via a service lateral connection to an existing 8" sewer main located ~~ ~~ along the NE 7th Street r-o-w. ian~ sr. ~z i h r a~-., ~;::;. .L _, -~ ;_ ITEM $EFORE THE BOARD The action before the Board is that of making a recommendation to the City Commission on a request for Conditional Use approval to establish a 24-hour or late night business for CVS Pharmacy, pursuant to Land Development Regulations (LDR) Section 2.4.5(E). The parcel is located on the southeast corner of George Bush Boulevard and NE 5th Avenue, (700 NE 6`h Avenue). ;'` BACKGROUND ; At its meeting of July 17, 2006, the Planning and Zoning Board held a public hearing in conjunction with a rezoning request for the subject property. The Board unanimously voted 5-0 to recommend approval to the City Commission of the rezoning from GC (General Commercial) and AC (Automotive Commercial) to CBD (Central Business District), for properties located between NE 4th Street and George Bush Boulevard and extending from the FEC Railroad to approximately '/2 block east of NE 6th Avenue excluding the properties occupied by Acura of Delray Beach. At its meeting of December 5, 2006 the City Commission approved the rezoning from GC (General Commercial) and AC (Automotive Commercial) to CBD (Central Business District), for those properties. At its meeting of February 20, 2008 the Site Plan Review and Appearance Board reviewed and approved a Class V site plan, landscape, and architectural elevations associated with a special parking reduction request and the construction of a 19,000 sq. ft. Office Depot and a 13,012 sq. ft. CVS Pharmacy. The parking reduction was not approved by the City Commission and the project was later revised to eliminate the 19,000 sq. ft. Office Depot Building and to retain a portion of the area as a vacant sodded parcel. At its meeting of September 10, 2008 the Site Plan Review and Appearance Board reviewed and approved a Class V site plan and landscape plan associated with the balance of the site for a 15,266 sq. ft. CVS (Tract "B"), access points, and adjacent parking, which included a vacant sodded parcel for future development. At its meeting of March 15, 2010 the Planning and Zoning Board reviewed and approved a conditional use request associated with the construction of a 4,214 square feet bank building (Chase Bank) space with drive-thru facilities in a vacant tract at the NW corner of NE 6th Avenue and NE 7`h Street. Construction of the CVS Pharmacy building has now been completed and the store has commenced operation. The applicant is seeking conditional use approval pursuant LDR Section 4.3.3(W)(2)(a) to establish a "24-hour or late night business" for CVS Pharmacy. LDR Section 4.3.3(W) (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 first obtain conditional use approval from the City for the operation of such use. This conditional use application is now before the Board for consideration. ;:. PROJECT DESCRIPTION. The current hours of operation for the CVS Pharmacy are from Monday to Friday 8:00 a.m. to 10:00 p.m., Saturday 8:00 a.m. to 6:00 p.m. and Sunday 10:00 a.m. to 6:00 p.rn. The CVS desires to expand those hours of operation to 24 hours a day, seven days a week. This will include a drive through lane which also will be opened 24 hours a day. This store is within approximately 150' and 250' respectively from a residential zoned area located to the west and to Planning and Zoning Board Staff F . art: Meeting 04/19/10 24-hour or Late Night Business Conditional Use Approval for CVS Pharmacy Page 2 the east and therefore requires conditional use approval. The FEC railroad corridor runs along the west side of 5th Avenue (southbound Federal Highway) creating a buffer between the residentially zoned area to the west and the CVS 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 late night business is defined as any restaurant, bar, lounge, nightclub, music hall, club, gasoline station, convenience store, convenience business, retail store, grocery store, Laundromat 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} states that any 24-Hour or late night business located or proposed to be located within a 300 foot straight line route from any residentially zoned property shall obtain a conditional use permit from the City 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. .,_ CONDITIONAL USE ANALYSIS REQUIRED FINDINGS: (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the 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 the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has a Future Land Use Map designation of CC (Commercial Core) and a zoning designation of CBD (Central Business District}. The zoning district is consistent with the Commercial Core Future Land Use Map designation. As previously stated, the proposed retail store will be defined in the LDR as a 24-hour business. 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 foot straight line route from any residentially zoned property shall 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. CONCURRENCY: 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 for 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. CONSISTENCY: 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 Zoning Board Staff F art: Meeting 04/19/10 24-hour or Late Night Business Conditional Use Approval for CVS Pharmacy Page 3 A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies and objectives were found and were addressed in the original approval. None of these finding are modified with the change in operating hours. Pursuant to Comprehensive Plan Future Land Use Element Policy C-4.1, the intent of the CBD zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall at a minimum address several items; including provide incentives for local retail on the ground floor with office and residential use on the upper floors. While the use with expanded hours of operation may be allowed in the district, it is limited to being a Conditional Use rather than a permitted use. This is because the use is not appropriate in all locations within the CBD district. Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There were no special physical or environmental characteristics of the land that would have been negatively impacted by the CVS Pharmacy Building. This conditional use is specific to an expansion of the hours of operation only. Further discussion of this issue is presented below under Section 2.4.5(E) Required Findings. Housing Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. This policy is addressed below in the discussion that follows under Section 2.4.5 (E)(5} Required Findings. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5} (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The follawing zoning designations and uses border the property: Zonin Use: North Central Business District CBD CVS Buildin commercial South Central Business District (CBD) PPG Architectural Finishes {Commercial East Central Business District (CBD) and Multifamily Residential (RM) Commercial Offices (across NE 6 Avenue) and Multifamily Residential along NE 7th Avenue West Residential Office (RO} and Residential Low Densit RL Along NE 5 Avenue and the FEC railroad ri ht-of-wa , 8~ NE 3`d Avenue. Planning and Zoning Board StafF F; ,rE: Meeting 04/19/10 24-hour or Late Night Business Conditional Use Approval for CVS Pharmacy Page 4 As previously stated, the proposed use abuts residential property to the west. It is noted that 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 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 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 properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: (W) 24-Hour or Late Night Businesses: (2) Requirements: Unless otherwise specified, the following regulations shall apply to 24- Hour or late night businesses: (a) Conditional Use: 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 City 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 or late night businesses which meet the requirements of subsection (2) (a): 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 shall 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, 2008. Construction has been completed and the CVS store is now in operation. The conditional use application includes a Planning and Zoning Board Staff F xt: Meeting 04/19/10 24-hour or Late Night Business Conditional Use Approval for CVS Pharmacy Page 5 photometric plan that indicates compliance with LDR Section 4.6.8 with respect to illumination levels. 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 light poles. Thirteen (13) additional security cameras will be provided inside the CVS building. The applicant has indicated that the security system is monitored by CVS Asset Protection Services at an in-house location and a certified alarm central station. The system incorporates contact switches, glass break detectors, and dual technology motion sensors that secure the perimeter and the interior areas of the Pharmacy. The applicant has indicated that the alarm system transmits signals via IP communication on Intranet service, and should the hard-line network become unavailable, the network switches to back-up satellite communications within 5 seconds of any outage or emergency situation. The security plan indicates #hat there is an extensive camera coverage which is recorded at all times. Video coverage includes all entrances, drive aisles, and drive-thru lane. Overnight operations typically feature three employees and at no time less than two employees in the store. The security plan indicates that specific provisions are being made by CVS to meet the general safety of its patrons, employees, and nearby residents. 2. Buffering: A 24-Hour or late night business shall provide adequate buffering to minimize the effects of noise and to act as a visual buffer to the property from nearby residential districts. 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 (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 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 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. (c) Findincts: In addition to any findings required by Section 2.4.5(E) of the Land Development Regulations, and any other required findings, the following specific findings shall be made in order for any 24-Hour or late night business to be approved for a conditional use: 1. That the use will be consistent with Housing Element A-12.3 of the Comprehensive Plan of the City of Delray Beach. 2. That the submitted security plan contains measures adequate to reasonably protect the safety of patrons, employees and nearby residents. 3. That the amount and type of proposed buffering is adequate to minimize the effects of noise impacts upon surrounding uses and nearby residential properties and to act as a visual buffer to the property from surrounding uses and nearby residential properties. Based upon the previous analysis discussed in the staff report, the proposed use will be consistent with Housing Element Policy A-12.3, which relates to maintaining stability. With regard to security, the lighting and camera coverage is adequate for the property. The security plan indicates that specific provisions are being made by CVS to meet the general safety of its patrons, Planning and Zoning Board Staff F xt: Meeting 04/19/10 24-hour or Late Night Business Conditional Use Approval for CVS 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, positive findings can be made with respect to LDR Section 4.3.3(W) (2) (c). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a site plan was submitted which has been reviewed by staff. Based upon staffs 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. Community Redevelopment Agency (CRA} The CRA reviewed the conditional use request at its meeting of April 8, 2010, and unanimously recommended approval of the project. Public Notice: Formal public notice has been provided to property owners within a 500-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: i 1 ^ Neighborhood Advisory Council Del Ida HOA ^ Palm Trail HOA Seacrest HOA ~-_SSESSMENT AND: CONCLUSION The conditional use request is to have a 24-hour 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 (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 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 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. 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 light poles. Thirteen (13) additional security cameras are provided inside the CVS building. Planning and Zoning Board Staff F ,rt: Meeting 04/19/10 24-hour or Late Night Business Conditional Use Approval for CVS Pharmacy Page 7 The applicant has indicated that the security system is monitored by CVS Asset Protection Services at an in-house location and a certified alarm central station. The system incorporates contact switches, glass break detectors, and dual technology motion sensors that secure the perimeter and the interior areas of the Pharmacy. The applicant has indicated that the alarm system transmits signals via IP communication on Intranet service, and should the hard-line network become unavailable, the network switches to back-up satellite communications within 5 seconds of any outage or emergency situation. The development proposal is consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan, including Housing Element Policy A-12.3. Also, positive findings with respect to LDR Sections 2.4.5(E) (5) (Conditional Use Findings) and 4.3.3(W) (2) (c) (24-Hour or Late Night Businesses), can be made as the proposal will not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties, provided the conditions of approval are addressed. C ALTERNATIVE ACTIONS ~" ,. A. Continue with direction and concurrence. B. Move a recommendation of approval to the City Commission of the conditional use request fora 24-hour or late night business for CVS Pharmacy, by adopting the findings of fact and law contained in the staff report, and finding that the proposal is consistent with Chapter 3 (Performance Standards), Section 2.4.5(E){5) (Required Findings), and Section 4.3.3(W)(2)(c) (24-Hour or Late Night Business Findings) of the Land Development Regulations, and with Housing Element Policy A-12.3 of the Comprehensive Plan. C. Move a recommendation of approval to the City Commission of the conditional use request fora 24-hour or late night business for CVS Pharmacy, by adopting the findings of fact and law contained in the staff report, and finding that the proposal is inconsistent with Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.3.3(VV)(2)(c) (24-Hour or Late Night Business Findings) of the Land Development Regulations, and with Housing Element Policy A-12.3 of the Comprehensive Plan. Conditional Use: Recommend approval of the conditional use request to the City Commission fora 24-hour or late night business for CVS Pharmacy, by adopting the findings of fact and law contained in the staff n report, and finding that the proposal is consistent with Chapter 3 {Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.3.3(W){2)(c) (24-Hour or Late Night Business Findings) of the Land Development Regulations, and consistency with Housing Element Policy A-12.3 of the Comprehensive Plan, subject to the following condition: 1. That three security cameras are confirmed as installed to cover walkways, parking lot area, and the drive-thru lane, as well as thirteen (13) additional security cameras to cover all inside areas of the CVS building, and that continued maintenance and operation of the security system must accompany this conditional use approval. 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T s a a a ) 1 a ! ! ! 1 ! a ) J ! ) ! ) ] a i ) l~~'-•~ ! a ] ~ ! :-"]-~_i _ i a ^`. -a-~.2_] ] a f !) a s] l] f a a! f f a a) a a! a f) s z i l a a f,) a a a J f) iT 7'!-l. y`% ! a a a) J 7 1 3 a a i l!]] )] a a l f l f l f) f a J) a a l i f a a) 1] f)] ]! )) .~YLL f b i]!}]) ~~~~~~,~ ~ C~„ 2a. da 3 a ~ ~ ~~ ~ ~ ~k~~ ~ $i1 ~~s~~ Breto, Estelio From: Valek, Denise Sent: Wednesday, April 21, 2010 8'16 AM To: Breto, Estelio Subject: FW: Condit use for CVS hrs of operation FYI c'7P.vli~Pifl. Valely Executive Assistant Planning & Zoning Department City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Phone: 561-243-7041 Fax: 561-243-7221 valek(c~ci.delr3y beach,fl.us From: Charles Thompson [mailto:cjmango@bellsouth.net] Sent: Monday, April 19, 2010 12:04 PM To: PZmail@MyDelrayBeach.com Subject: Condit use for CVS hrs of operation Please consider the neighborhood when granting CVS pharmacy use to be open 24/7. While I shop CVS and welcome being within walking distance I fee124hrs especially after 1 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 just hanging out. Our Walgreens also deals with panhandlers and vagrants. The police can't be everywhere although they do try and I'm sure security is expensive. Unless they are willing to address these issues maybe CVS should just try for l lpm and watch for problems....Thank You ...Charles Joan and Hilda Thompson 895/891 NE 7th Ave Delray Beach FL 33483-5707 Valek, Denise From: Ocean City Graphics [ocgjim@bellsouth.net] Sent: Friday, April 16, 2010 12:12 PM To: Vaiek, Denise Subject: CVS 24-Hour Operation Hi Denise, Below is the email I sent to Mr. Dorling earlier in the week. My cell phone #: 561.809.5991. Dear Mr. Dorling, I am writing to you out of concern about the new CVS near three of my properties being open 24 hours a day. My neighbors and I are unanimously opposed to any more 24-hour businesses located near our homes. The 24-hour 7-11/Laundromat already causes untold problems for us, and there is truly no need for them or any other residential area business to be open 24 hours a day. I have contacted the police department to document how many hundreds of police calls there have about these 24 hour businesses, and Patina at the Delray Beach P.D. is compiling a list for me. These open all night businesses have been a magnet for vagrancy, loud music (boom cars) at all hours, prostitution, drug safes, etc. Delivery trucks come all hours of the night, and disturb my neighbors and me constantly. We don't see any need for the CVS to be open 24 hours. Is there any study showing the need for it? Does the city support it and why? Who will pay for the extra police supervision that will be needed to keep the 24-hour CVS from being the new headquarters for every vagrant in town? I intend to print a flyer and pass it out to every home in the vicinity of the CVS and ask residents to oppose this variance. Please let me know the answers to the above questions and if there are any more effective ways to stop this from happening. Sincerely, Jim Hazelwood Jim Hazelwood Ocean City Printing & Graphic Design 1118 East Atlantic Avenue, E-1 Delray Beach, FL 33483 "Design-Out Crime!" `CPTED' Review for CVS Pharmacy Seven-Hundred Northeast Sixth Avenue Provided by Officer G. Wesner, CPTED Practitioner April 28, 2010 Overview: The proposal is a Conditional 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 on 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 sife plans, Delray Beach Police Department crime statistics (available by public records request), two on-site visits (one during night time lighting conditions),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 George Bush By at the Sunoco Gas station at 801 NE 6th Avenue. Additionally, Richwagons' Cycle Shop, three blocks South of the site, has also had several similar incidents. There was also a inordinate amount of police activity in the small surrounding area: The outlying areas, two blocks to the North, South, and East, generated over 450 total calls for service in 2009. Many of these calls for service were `priority' assaults, suspicious incidents, and disturbances. The proposal addresses the 'buffering and barrier' concerns for nearby residential areas, however, other notable concerns are addressed in this survey of the location which is now, complete and conducting business. Issues of Natural Surveillance, Natural Access Control, and Lighting as well as policy and procedural issues which are unique to convenient stores are noted as follows: Natural Surveillance: Natural Surveillance concerns result from several decorative gazebos, perimeter fencing, and lush landscaping. While these amenities greatly enhance the esthetics of the site, they exacerbate security and safety concerns created by a 24 hr convenient stores. Accumulatively, they provide several ambush points for abnormal users, and impede natural surveillance for passing vehicles from all directions. South bound vehicles pass the CVS at an angle, greater than 90 degrees, which greatly diminishes the likelihood that occupants observe those entering or exiting the store just 65 feet from the edge of the road. Lighting: Exterior luminaries include several `shoe-box' type fixtures throughout the parking lot as well as several `Coach' style fixtures along the East side of the building. While the exterior areas have the proper quality of light, the photometric study indicates that several areas throughout the parking lot receive less than 2 Foot Candles [FC] of light. This is especially evident along the front of the South Main Entrance of the business where there is less than one FC of light. Current Standards under Florida State Statute mandate that exterior areas around `convenient stores' receive no less than 2 FC's of light during night time lighting conditions*. 'Additionally, CPTED standards call for 4-5 Foot Candles (FCJ of illumination in ATM locations. See important recommendations on page 4 Natural Access Control: While Natural Access Control at vehicular ingress-egress points is adequate, existing gazebos with bench seating within a few feet of the store entrance greatly legitimizes access to the site for abnormal users who may meander around the area (as well as the eventual 24 hr ATM at the proposed Chase Bank) to see how long it takes for that police car fo 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 proposed 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 adequately cover the front of the store to the South; provide images that would be useful in determining a suspect 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 store. 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 this plan is followed. See Recommendations on page 4 Recommendations: >The CCTV must be reconfigured to cover the South, East, and West 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 parking lot receives no less than 2 FC's of light during night time lighting conditions. >A verifiable `Cash on Hand' policy should be posted at all register locations. >"Cashiers have less than $50.00 on hand!", entrances and register locations. Mr. Paul Dorling Director, Planning and Zoning City of Deh-ay Beach 100 NW 1st Avenue Delray Beach, Florida 33444 RE: CV S Pharmacy, 700 NE 6"' Ave; Petition for Conditional Use, 24-hour operation Dear Mr. Dorling: This letter is intended to confirm CVS' understanding and acceptance of the recommendations made by the Crime Prevention Through Environmental Design ("CPTED") review for the proposed use of the referenced location as a 24-hour facility. On April 19, 2010, the Conditional Use request fora 24-hour facility was heard by the Delray Beach Planning Board. The Planning Board recommended the site for approval to the City Council, but asked City staff to have an updated CPTED review prepared taking into consideration the 24-hour request. 1'he review was carried out by Officer G. Wesner, dated April 28, 2010. The CPTED review provided 5 operational recommendations. CVS agrees to comply with all five recommendations, and provides the following information for each of the items: 1. The CCTV must be reconfigured to cover the South, East, and West approaches to the store's entrance. Response: CVS will comply with this recommendation through the addition and/or reconfiguration of the cameras on site, as necessary to gain the required coverage. 2. All employees must attend 'Robbery and Safety Training' Response: CVS ensures that all of it's employees are trained in Emergency, Robbery and Safety Training. CVS will maintain a record of employee completion of such training. ~~ 3. Lighting engineers should certify that the entire exterior of the store extending to ~~ ~, the entire parking lo# receives no less than 2 FC's of light during night time lighting conditions. Response: Anew lighting plan has been submitted herewith reflecting that the site will have no less than 2 FC's of light, and which averages 5.56 FC's of light over the entire parking area. 4. A verifiable 'Cash on Hand' policy should be posted at all register locations. Response: A "Cash on Iland" policy will be posted at all register locations, and evidence of such provided j to City staff. 7887 Bryan Dairy Road, Suite #122, Largo, Florida 33777 Phone: 727-394-6825 Fax:727-394-6836 5. "Cashiers have less than $50.00 on hand!" must be posted at all entrances and register locations. Response: A sign stating "Cashiers have less than $50.00 on hand" will be posted at all entrances and register locations. We are prepared to implement these measures prior to commencing 24-hour operations at the CVS pharmacy. Please schedule our Conditional Use petition for consideration by the City Commission at the earliest possible date. cc: M~'rk McDocu~ell ~~ stilio Breto 7887 Bryan Dairy Road, Suite #>'122, Largo, Florida 33777 Phone:727-394-6825 Fax:727-394-6836 Nubin, Chevelle From: Breto, Estelio Sent: Tuesday, July 13, 2010 11:44 AM To: Shutt, Brian; Smith, Douglas; Gaskins, Lanelda; Nubin, Chevelle Cc: McDonnell, Mark; Dorling, Paul Subject: FW: CVS Pharmacy, Federal Highway and George Bush Blvd.---Conditional Use Request for 24-Hour Operation At the meeting of July 6, 2010, the City Commission agreed to table consideration of the CVS 24-hours Conditional Use request, pending the decision of the applicant to provide private security during the overnight hours. The applicant's email below indicates the willingness to comply with the City Commission request in the following terms: "During times of 24-hour operation, the subject CVS store shall have a private security guard on duty between the hours of 12:00 midnight and 6:00 a.m." The consideration of this matter was postponed until the next City Commission meeting of July 20, 2010. The intent of this email is to provide you with the written statement submitted by Mr. A. Malefatto, agent for the above referred project. Thanks Estelio Breto Senior Planner From: McDonnell, Mark Sent: Tuesday, July 13, 2010 11:11 AM To: Breto, Estelio Cc: McDonnell, Mark Subject: RE: CVS Pharmacy, Federal Highway and George Bush Blvd.---Conditional Use Request for 24-Hour Operation Yes, please fwd to Gerri, Doug, Chevelle and Lanelda, with a brief note that explains why you are sending it up to them. Thanks. Mark McDonnell, AICP Assistant Director, Planning and Zoning Dept. City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 P"561-243-7046 F`561-243-7221 E' mcdonnell(a~ci.delray-beach.fl.us From: Breto, Estelio Sent: Tuesday, July 13, 2010 10:35 AM To: McDonnell, Mark Subject: FW: CVS Pharmacy, Federal Highway and George Bush Blvd.---Conditional Use Request for 24-Hour Operation Importance: High Mark Should this email be forwarded to the Major, City Commission, and the City Attorney's Office. Please advise. Thanks From: MalefattoA@gtlaw.com [mailto:MalefattoA@gtlaw.com] Sent: Tuesday, July 13, 2010 10:27 AM To: Breto, Estelio Cc: McDonnell, Mark; Dorling, Paul; Shutt, Brian Subject: CVS Pharmacy, Federal Highway and George Bush Blvd.---Conditional Use Request for 24-Hour Operation Importance: High Dear Mr. Breto: As you may know, at the City Commission meeting of July 6, 2010, the Commission agreed to table consideration of the subject conditional use request, pending my conferring with my client representatives concerning whether CVS would be willing to provide private security during the overnight hours. The consideration of the matter was postponed until the July 20, 2010. I have had the opportunity to confer with my clients, and we would be willing to agree to an additional condition of approval as follows (or similar wording): During times of 24-hour operation, the subject CVS store shall have a private security guard on duty between the hours of 12:00 midnight and 6:00 Am. Please advise if the above language is acceptable. If so, please see that it is forwarded to the Mayor and City Commission for consideration at the July 20, 2010 meeting. Thank you for your courtesy. Sincerely, Alfred J. Malefatto Shareholder Greenberg Traurig, P.A. ~ 777 S. Flagler Drive, Suite 300 East ~ West Palm Beach, FL 33401 Tel 561.650.7908 I Fax 561.838.8808 I Cell 561.346.6779 MalefattoAC~Qtlaw.com ~ www.Qtlaw.com ®GreenbergTraurig Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email administrator directly, please send an email to ~ostmasterCa~gtlaw.com. Nubin, Chevelle Subject: 24 Hour Businesses From: Phillips, Ralph Sent: Monday, July 19, 2010 5:04 PM To: Nubin, Chevelle Cc: Harden, David; Bauer, Gerri; Barcinski, Robert; Beldowicz, Donna; Butler, Lula Subject: FW: 24 Hour Businesses If Community Improvement did not come up with anything through permitting for Commissioner Frankel, here is a list of businesses that we determined are open 24 hours in the city. This is mostly from the recall of our Dispatchers and may not be all of them -but it's close. -RP Walgreens Drug Store: 3200 S Fed Chevron Gas: 1909 W. Atlantic Avenue Shell Gas: Linton & SW 4tn Linton & Congress, Atlantic and Congress Mobil Gas: 3199 So. Federal 16000 So. Military Gas One: Atlantic and Barwick Liberty Gas: 1755 So. Federal (Old Harbor Plaza) B.P. Gas: W. Atlantic and 8th Dunkin Donuts 4800 W Atlantic (Drive thru only) I-Hop West Atlantic Avenue Steak nShake -Linton @ Target Shopping McDonalds W. Linton (Drive thru only) 7-11 Store: 718 George Bush Blvd Community Market 945 W Atlantic Ave Marriott -Atlantic and Ocean The Residence Inn The Colony Hotel The Delray Inn Motel (Naw, Motels & MorE The Budget Inn: 2500 No. Federal MEMORANDUM TO: Mayor and City Commissioners FROM: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR NIGEL ROBERTS, NEIGHBORHOOD SERVICES ADMINISTRATOR THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: July 14, 2010 SUBJECT: AGENDA. ITEM 9,B. -REGULAR COMMISSION MEETING OF,-ULY 20, 2(110 AMENDMF,NT TO AGREEMENT/PALM BEACH COUNTY/DISASTER RECOVERY 11~I"I'IA"I'I'I? (DRI) PH,~SE II ITEM BEFORE COMMISSION Approval of an Agreement between the City and Palm Beach County for $800,000 to provide for implementation of the Housing Rehabilitation Program funded under the Disaster Recovery Initiative (DRI) Phase II. BACKGROUND At the July I1, 2006 meeting, City Commission approved a request for staff to apply through Palm Beach County Housing and Community Development for funds to assist in disaster relief, long term recovery, restoration of housing and infrastructure funding under the 2005 Department of Community Affairs Disaster Recovery Initiative (DRI) Phase II. Under this initiative the City was awarded $980,000 in funding to complete up to twenty four (24) housing rehabilitation projects for households who suffered damages from Hurricane Wilma within the City's Community Development Block Grant (CDBG) target area. Palm Beach County has entered into contract number 08DB-D3-10-60-O1-A07 with the State of Florida, Department of Community Affairs, in connection with the State's 2005 DRI program, allowing the City to now be awarded $800,000 in funding for DRI Housing Rehabilitation project implementation. FUNDING SOURCE Community Development Block Grant 118-1960-554-49.19 RECOMMENDATION Staff recommends approval of the agreement between the City of Delray Beach and Palm Beach County so that the City may move forward in its implementation of the Housing Rehabilitation Program funded under the Disaster Recovery Initiative (DRI). AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY OF DELRAY BEACH THIS AGREEMENT, entered into this day of , 20_, by and between Palm Beach County, a political subdivision of the State of Florida, and the City of Delrav Beach, a municipalitydulynrganized and existing by virtue of the laws of the State of Florida, having its principal office at 100 NW 1st Avenue Delray Beach, FL 33444. WHEREAS, Palm Beach County has entered into a Contract (number 08DB-D3-10-60-01-A07) with the State of Florida, Department of Community Affairs, in connection with the State's 2005 Disaster Recovery Initiative Program -Supplemental Appropriation which the State is implementing forthe use of grant funds provided by the United States Department of Housing and Urban Development under its Community Development Block Grant Program; and WHEREAS, the City of Delrav Beach was allocated certain funds under said Contract to implement specified activities underthe 2005 Disaster Recovery Initiative Program -Supplemental Appropriation; and WHEREAS, Palm Beach County desires to engage the City of Delrav Beach to implement the activities associated with the funds allocated to it. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: PARTI DEFINITIONS. PURPOSE AND APPLICABLE_CONDITIONS DEFINITIONS (1) "County" means Palm Beach County. {2) "CDBG" means the Community Development Block Grant Program of the United States Department of Housing and Urban Development. {3} "HCD" means Palm Beach County Housing and Community Development. (4} "Municipality" means the City of Delray Beach. (5) "State" means the State of Florida, Department of Community Affairs. (6) "Contract" means contract number 08DB-D3-10-60-01-A07 between Palm Beach County and the State of Florida, Department of Community Affairs. (7) "HCD Approval" means the written approval of the HCD Director or his designee. (8) "U.S. HUD" means the Secretary of Housing and Urban Development or a person authorized to act on its behalf. 2. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the Municipality will implement the Scope of Services set forth in Part II of this Agreement. All the beneficiaries of a project funded underthis Agreement shall be low income households whose household incomes are within 80% of the median income for the West Palm Beach -Boca Raton Metropolitan Statistical Area adjusted by family size, as determined by HCD in its sole discretion. Page 1 of 36 City of Delray Beach APPLICABLE CONDITIONS The Municipality shall be bound by the Contract to the extent applicable to this Agreement. Furthermore, the conditions applicable to the activities undertaken in connection with this Agreement shall include but not be limited to those listed below (as they may be amended from time to time). Palm Beach County's failure to list verbatim or make reference to a regulation, statute, ordinance, reference, or any other document affecting the Municipality, shall not relieve the Municipality of compliance with any applicable regulation, statute, ordinance, or any other document not listed below. The County reserves the right, but not the obligation, to inform the Municipality of any such applicable regulation, statute, ordinance, or any other document, and to require the Municipality to comply with the same. 1. Community Development Block Grant, Final Rule, 24 C.F.R., Part 570; 2.Florida Small and Minority Business Act, s 288.702-288.714, F.S.; 3.Florida Coastal Zone Protection Act, s 161.52-161.58, F.S.; 4. Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, F.S.; S.Title I of the Housing and Community Development Act of 1974, as amended; 6. TreasuryCircular1075 regarding drawdown of CDBG funds; 7.Sections 290.0401-290.049, F.S.; 8.Rule Chapter 96-43, Fla Admin. Code.; 9. Department of Community Affairs Technical Memorandums; 10.HUD Circular Memorandums applicable to the Small Cities CDBG Program; 11.Single Audit Act of 1984; 12.National Environmental Policy Act of 1969 and other provisions of law which further the purpose of this Act; 13.National Historic Preservation Act of 1966 (Public Law 89-665) as amended and Protection of Historic Properties (24 C.F.R., part 800); 14.Preservation of Archaeological and Historical Data Act of 1966; 15. Executive Order 11593 -Protection and Enhancement of Cultural Environment; 16.Reservoir Salvage Act; 17.Safe Drinking Water Act of 1974, as amended; 18.Endangered Species Act of 1958, as amended; 19.Executive Order 12898 -Environmental Justice 20.Executive Order 11988 and 24 C.F.R. Part 55- Floodplain Management; 21.The Federal Water Pollution ConVol Act of 1972, as amended (33 U.S.C., s 1251 et. seq.); 22. Executive Order 11990 - Protection of Wetlands; 23.Coastal Zone Management Act of 1968, as amended; 24.Wild and Scenic Rivers Act of 1968, as amended; 25.CIean Air Act of 1977; 26.HUD Environmental Standards (24 C.F.R. Part 58); 27.Farmland Protection Policy Act of 1981; 28.CIean Water Act of 1977; 29.Davis -Bacon Act; 30.Contract Work Hours and Safely Standards Act of 1962, 40 U.S.C. s. 327 et. seq.; 31.The Wildlife Coordination Act of 1958, as amended; 32.The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 U.S.C., s. 6901 et. seq.; 33.Noise Abatement and Control: Departmental Policy Implementation, Responsibilities and Standards, 24 C.F.R. Part 51, Subpart B; 34.FIood Disaster Protection Act of 1973, P.L. 92-234; 35.Protection of Historic and Cultural Properties under HUD Programs, 24 C.F.R. Part 59; 36.Coastal Zone Management Act of 1972, P.L. 92-583; 37.Architectural and Construction Standards; 38.Architectural Barriers Act of 1968, 42 U.S.C. 4151; 39. Executive Order 11296, relating to the evaluation of flood hazards; 40.Executive Order 11288, relating to prevention, conVol and abatement of water pollution; 41.Cost-Effective Energy Conservation Standards, 24 C.F.R., Part 39; 42.Section 8 Existing Housing Quality Standards, 24 C.F.R., Part 882; 43.Coastal Barrier Resource Act of 1982; 44.Federal Fair Labor Standards Act, 29 U.S.C. s. 201 et. seq.; 45.TiUe VI of the Civil Rights Act of 1964 - Non- discrimination; 46.Title VII of the Civil Rights Act of 1968 - Non- discrimination in housing; 47.Age Discrimination Act of 1975; 48.Executive Order 12892 -Fair Housing; 49.Section 109 of the Housing and Community Development Act of 1974, Non- discrimination; 50.Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R., Part 8; 51.Executive Order 11063- Equal Opportunity in Housing; 52.Executive Order 11246 -Non-discrimination; 53.Section 3 of the Housing and Urban Development Act of 1968, as amended - Employment /Training of Lower Income Residents and Local Business Contracting; 54.Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L. 100-17, and 49 C.F.R. Part 24; 55.Copeland Anti-Kickback Act of 1924; 56.Hatch Act; 57.Title IV Lead-Based Paint Poisoning Prevention Act {42 U.S.C. s. 1251 et. seq.); 58.OM8 Circulars A-87, A-122 and A-133, as revised; 59.Administrative Requirements for Grants, 24 C.F.R. Part 85; 60.Section 102 of the Department of Housing and Urban Development Reform Act of 1989 and 24 C.F.R. Part 12; 61.Emergency Rule 96ER05-2, CDBG Disaster Recovery Funds; 62.HUD program requirements for disaster recovery projects as published in Federal Register, Vol. 69, No. 237 (December 10, 2004) [Docket No. FR-4959 - N-01]. Page 2 of 36 City of Delray Beach PART II SCOPE OF SERVICES The Municipality shall, in a satisfactory and proper manner as determined by HCD, perform the tasks necessary to conduct the program outlined in Exhibit "A" as attached hereto and made a part hereof. PART III COMPENSATION 71ME OF PERFORMANCE METHOD AND CONDITIONS OF PAYMENT MAXIMUM COMPENSATION The Municipality agrees to accept as full payment for services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and HCD Director ordesignee-approved expenditures and encumbrances made by the Municipality under this Agreement, which shall not be unreasonably withheld. Said services shall be performed in a manner satisfactory to HCD. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of 800 000 (as more specifically detailed in Exhibit A hereto} for the period of July 15, 2010 through and including October 22, 2010. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release offunds forthis project understate Contract number 08D6- D3-10-60-01-A07. The effective date shall be the date of execution of this Agreement, and the services of the Municipality shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Municipality prior to October 22, 2010. METHOD OF PAYMENT The County agrees to make payments and to reimburse the Municipalityfor all budgeted costs permitted by Federal, State, and County guidelines. The Municipality shall not request reimbursement for payments made by the Municipality before the effective date of this Agreement, nor shall it request reimbursement for payments made after the expiration date of this Agreement, and in no event shall the County provide advance funding to the Municipality or any subcontractors hereunder. The Municipality shall request payments or reimbursements from the County by submitting to HCD proper documentation of expenditures consisting of originals of invoices, receipts, or other evidence of indebtedness, and when original documents cannot be presented, the Municipality may furnish copies if deemed acceptable by HCD. Each request for payment or reimbursement submitted by the Municipality shall be accompanied by a letter from the Municipality, provided on the Municipality's letterhead, referencing the name of the project funded herein, the date of this Agreement and/or its document number, and containing a statement requesting the payment or reimbursement and its amount, as well as the name and signature of the person making the request. Payment shall be made by the Palm Beach County Finance Department upon presentation of the aforesaid properdocumentation ofexpenditures asapproved by HCD. The Municipality may at any time after the expiration of this agreement request from the County reimbursement for payments made by the Municipality during the term of this Agreement by submitting to HCD the aforesaid proper documentation of expenditures, and the Palm Beach County Finance Department shall make payment as stated above, provided that HCD has determined that the funds allocated to the Municipality through this agreement are still available for payment, and provided that HCD approves such payment. CONDITIONS ON WHICH PAYMENT IS CONTINGENT (1) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The Municipality shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HCD Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HCD. No payments for projects funded by more than one funding source will be made until a cost allocation plan has been approved by the HCD Director or designee. Should a project receive additional funding after the commencement of Phis Agreement, the Municipality shall notify HCD in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the HCD Director or designee within forty-five {45) days of said official notification. Page 3 of 36 City of Delray Beach (2) FINANCIAL ACCOUNTABILITY The County may have a financial systems analysis and/or an audit of the Municipality, or of any of its subcontractors, by an independent auditing firm employed by the County or by the County Internal Audit Department at any time the County deems necessary to determine if the project is being managed in accordance with Federal, State, and County requirements. (3) SUBCONTRACTS Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order. All subcontracts shall be submitted by the Municipality to HCD and approved by HCD prior to execution of any subcontract hereunder. All subcontracts shall be subject to Federal, State and County laws and regulations. This includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Palm Beach County Engineering Department and U.S. HUD. Contracts for architecture, engineering, survey, and planning shall be fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursables will be at cost. None of the work or services covered by this Agreement, including, but not limited to, consultant work or services, shall be subcontracted or reimbursed without prior written approval of the HCD Director or his designee. (4) PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Palm Beach County Purchasing Code, as well as Federal Manage- ment Circulars A-87, A-102, A-128, and 24CFR Part 85 (also known as the Common Rule), which are incorporated herein by reference. (5) REPORTS AUDITS. AND EVALUATIONS Payment will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. (6) ADDITIONAL HCD COUNTY AND U.S. HUD REQUIREMENTS HCD shall have the right under this Agreement to suspend or terminate payments if after 15 days written notice the Municipality has not complied with any additional conditions that may be imposed, at any time, by HCD, the County, the State, or U.S. HUD. (7} PRIOR WRITTEN APPROVALS-SUMMARY The following activities among others require the prior written approval of the HCD Director or designee to be eligible for reimbursement or payment: (a) All subcontracts and agreements pursuant to this Agreement; (b) All change orders; (c) All reques#s to utilize uncommitted funds after the expiration of this Agreement for programs described in Exhibit A. (8) PROGRAM-GENERATED INCOME All income earned by the Municipality from activities financed in whole or in part by funds provided hereunder must be reported to HCD. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. Such income shall only be used to undertake the activities authorized by this Agreement. Accounting and disbursement of such income shall comply with OMB Circular A-110 and other applicable regulations incorporated herein by reference. PART IV GENERAL CONDITIONS OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The Municipality agrees that no person shall on the ground of race, color, disability, national origin, religion, age, financial status, familial status, marital status, sexual orientation, or gender, be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. Page 4 of 36 City of Delray Beach To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatestfeasible extent eligible business concerns located in or owned insubstantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The Municipality shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. OPPORTUNITIES FOR SMALL AND MINORITYNVOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Municipality shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extentfeasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Palm Beach County in the CDBG Annual Consolidated Plan approved by U.S. HUD. PROGRAM BENEFICIARIES All the beneficiaries of a project funded under this Agreement shall below income households whose household incomes are within 80% of the median income for the West Palm Beach - Boca Raton Metropolitan Statistical Area adjusted by family size, as determined by HCD in its sole discretion. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in this Agreement. The Municipality shall provide written verification of compliance to HCD upon HCD's request. EVALUATION AND MONITORING The Municipality agrees that HCD will carry out periodic monitoring and evaluation activities as determined necessary by HCD or the County and that payment, reimbursement, or the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement. The Municipality agrees to furnish upon request to HCD, the County, orthe County's designees copies of transcriptions of such records and information as is determined necessary by HCD or the County. The Municipality shall submit status reports required under this Agreement on forms approved by HCD to enable HCD to evaluate progress. The Municipality shall provide information as requested by HCD to enable HCD to complete reports required by the County or HUD. The Municipality shall allow HCD, the County, the State, or HUD to monitor the Municipality on site. Such visits may be scheduled or unscheduled as determined by HCD, the State, or HUD. AUDITS AND INSPECTIONS At any time during normal business hours and as often as HCD, the County, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the Municipality to HCD, the County, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. If during the year, the Municipality expends over $500,000 of Federal awards, the Municipality shall comply with the provisions of OMB Circular A-133. The Municipality shall submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within the earlier of, 30 days after receipt of the auditor's report{s), or nine (9) months after the end of the audit period in which HCD-administered funds are expended. Said audit shall be made by a Certified Public Accountant of the Municipality's choosing, subject to the County's approval. In the event the Municipality anticipates a delay in producing such audit, the Municipality shall request an extension in advance of the deadline. The cost of said audit shall be borne by the Municipality. In the event the Municipality is exempt from having an audit conducted under A-133, the Municipality shall submit audited financial statements and/or the County reserves the right to conduct a "limited scope audit" of the Municipality as defined by A-133. The County will be responsible for providing technical assistance to the Municipality, as deemed necessary by the County. UNIFORM ADMINISTRATIVE REQUIREMENTS The Municipality agrees to comply with the applicable uniform administrative requirements as described in Federal Community Development Block Grant Regulations 24 CFR 570.502. Page 5 of 36 City of Delray Beach 7. REVERSION OF ASSETS Upon expiration of this Agreement, the Municipality shall transfer to the County any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the Municipality's control upon expiration of this Agreement which was acquired or improved in whole or part with CDBG in the excess of $25,000 must either be used to meet one of the national objectives in Federal Community Development Block Grant Regulations 24 CFR 570.508 for a period of five years after expiration of this Agreement (unless a longer period is specified elsewhere in this Agreement), or, the Municipality shall pay the County an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. DATA BECOMES COUNTY PROPERTY All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the Municipality for the purpose of this Agreement shall be made available to the County by the Municipality at any time upon request by the County or HCD. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HCD if requested. In any event the Municipality shall keep all documents and records for five {5} years after expiration of this Agreement. Notwithstanding any other provision in this Agreement, all documents, records, reports and any other materials produced hereunder shall be subject to disclosure, inspection and audit, pursuant to the Palm Beach County Office of Inspector General Ordinance 2009-049, as may be amended. INDEMNIFICATION Each party to this Agreement shall be liable for its own actions and negligence and, to the extent permitted by law, the County shall indemnify, defend, and hold harmless the Municipality against any actions, claims, or damages arising out of the County's negligence in connection with this Agreement, and the Municipality shall indemnify, defend, and hold harmless the County against any actions, claims, or damages arising out of the Municipality's negligence in connection with this Agreement. The Municipality shall also hold the State harmless against all claims of whatever nature arising out of the Municipality's performance of work under this Agreement, to extent allowed and required by law. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statute, section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other parry's negligent, willful or intentional acts or omissions. The Municipality shall hold the County harmless and shall indemnify the County forfunds which the County is obligated to refund the State or the Federal Government arising out of the conduct of activities and administration of the Municipality. The provisions of this indemnification clause shall survive the termination of this Agreement. 10. INSURANCE Without waiving the right to sovereign immunity as provided by Florida Statute, Chapter 768.28, the Municipality reserves the right to self-insure for General Liability and Automobile Liability under Florida's sovereign immunity statute with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event the Municipality maintains Commercial General Liability or Business Auto Liability, the Municipality agrees to maintain said insurance policies at limits not less than 5100,000 Per Person and $200,000 Per Occurrence. The Municipality agrees to endorse Palm Beach County Board of County Commissioners as an "Additional Insured" to the Commercial General Liability, but only with respect to negligence other than County's negligence arising out of this project or Agreement. This paragraph does not apply to liability policies which afford only indemnity based claims-bill coverage. The Municipality agrees to maintain, or self-insure, Worker's Compensation & Employer's Liability insurance in accordance with Fiorida Statute, Chapter 440. The Municipality agrees to provide a statement, or Certificate of Insurance, evidencing insurance orself-insurance for the above required coverages, which the Municipality shall deliver to HCD at its office at 100 Australian Avenue, Suite 500, West Palm Beach, Florida 33406. The Municipality agrees its self-insurance or insurance shall be primary as respects to any coverage afforded to or maintained by County. The Municipality agrees compliance with the foregoing insurance requirements is not intended to nor construed to relieve the Municipality of its liability and obligations under this Agreement. Page 6 of 36 City of Delray Beach 11. MAINTENANCE OF EFFORT The intent and purpose of this Agreement is to increase the availability of the Municipality's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Municipality. The Municipality agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 12. CONFLICT OF INTEREST The Municipality covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subconVacted by the Municipality. Any possible conflict of interest on the part of the Municipality or its employees shall be disclosed in writing to HCD provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project area. 13. CITIZEN PARTICIPATION The Municipality shall cooperate with HCD in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents informed of the activities the Municipality is undertaking in carrying out the provisions of this Agreement. Representatives of the Municipality shall attend meetings and assist HCD in the implementation of the Citizen Participation Plan, as requested by HCD. 14. RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The Municipality will include a reference to the financial support herein provided by HCD in all publications and publicity. In addition, the Municipality will make a good faith effort to recognize HCD's support for all activities made possible with funds made available under this Agreement. 15. AGREEMENT DOCUMENTS The following documents are herein incorporated by reference and made a part hereof, and shall constitute and be referred to as the Agreement; and all of said documents taken as a whole constitute the Agreement between the parties hereto and are as fully a part of the Agreement as if they were set forth verbatim and at length herein: (1) This Agreement, including its Exhibits; (2) Office of Management and Budget Circulars A-87, A-102, A-133, and 24CFR Part 85; (3) Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Title II of the Americans with Disabilities Act of 1990; (4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act, and Section 3 of the Housing and Community Development Act of 1968, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended; (5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988, and Section 109 of the Housing and Community Development Act of 1974, as amended; (6) Florida Statutes, Chapter 112; (7) Palm Beach County Purchasing Code; (8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended; (9) The Municipality's personnel policies and job descriptions; and (10) The Municipality's Certificate of Insurance. (11) Contract number 08DB-D3-10-60-01-A07 between Palm Beach County and the State of Florida, Department of Community Affairs. All of these documents will be maintained on file at HCD. The Municipality shall keep an original of this Agreement, including its Exhibits, and all amendments thereto, on file at its principal office. Page 7 of 36 City of Delray Beach 16. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the Municipality with funds under this Agreement shall be returned to HCD or the County. In the event of termination, the Municipality shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Agreement by the Municipality, and the County may withhold any paymentto the Municipality for set-off purposes until such time as the exact amount of damages due to the County from the Municipality is determined. (1) TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving a fifteen (15) working day written notice of such termination to the other party and specifying therein the effective date of termination. (2) TERMINATION DUE TO CESSATION In the event the grant to the County under the Contract is suspended or terminated, this Agreement shall be suspended or terminated effective on the date the Sate specifies. 17. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 18. AMENDMENTS The County may, at its discretion, amend this Agreement to conform with changes required by Federal, State, County, or U.S. HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Palm Beach County Board of County Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the Board of County Commissioners and the governing body of the Municipality, and signed by both parties. 19. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HCD at its office at 100 Australian Avenue, Suite 500, West Palm Beach, Florida 33406, and to the Municipality when delivered to its address on page one (1) of this Agreement. 20. INDEPENDENT AGENT AND EMPLOYEES The Municipality agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Palm Beach County employees and are not subject to the County provisions of the law applicable to County employees relative to employ- ment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. 21. NO FORFEITURE The rights of the County under this Agreement shall be cumulative and failure on the part of the County to exercise promptly any rights given hereunder shall not operate to forfeit or waive any of the said rights. 22. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the Municipality certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 {3)(a). Page 8 of 36 City of Delray Beach 23. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL Pursuant to Ordinance No. 2009-049, Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present and proposed County agreements, contracts, transactions, accounts and records. All parties doing business with the County and receiving County funds, including the Municipality, shall fully cooperate with the Inspector General. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and to audit, investigate, monitor, and inspect the activities of the Municipality, its officers, agents, employees, and lobbyists in order to ensure compliance with this Agreement and to detect waste, corruption and fraud. 24. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of thirty-six (36) enumerated pages which include the exhibits referenced herein, shall be executed in three (3) counterparts, each of which shall be deemed to bean original, and such counterparts vrill constitute one and the same instrument. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. 25. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this day of , 20_. (MUNICIPALITY SEAL BELOW} CITY OF DELRAY BEACH BY: Nelson S. McDuffie, Mayor BY: By: Chevelle D. Nubin, City Clerk Attomey for Municipality (Signature Optional) PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida FOR ITS BOARD OF COUNTY COMMISSIONERS By: Robert Weisman, County Administrator Approved as to Form and Approved as to Terms and Conditions Legal Sufficiency Dept. of Housing and Community Development By: BY: Tammy K. Fields Amin Houry, Manager Senior Assistant County Attomey Housing and Capital Improvements 5:\Caplmprv\2005DisasterRecoveryl nitiatlve_SupplAppropU2ehabProgramslDelrayeeachWymtMuni.wpd Page 9 of 36 City of Delray Beach EXHIBIT A WORK PROGRAM NARRATIVE I. THE MUNICIPALITY AGREES TO: A. OVERVIEW: The purpose of this Agreement is to make funds available to the Municipality under the State of Florida funded 2005 Disaster Recovery Initiative Program -Supplemental Appropriation to enable the Municipality to implement a rehabilitation program ("Program") in conjunction with which it may provide technical and financial assistance to qualified low income property owners (as defined herein) who reside in detached one dwelling structures (entirely used for residential purposes} and located within its municipal boundaries. Assistance under the Program shall be provided in order to rehabilitate and upgrade these structures to meet applicable housing and building codes and in order to effectuate repairs of damages caused by Hurricane Wilma. Work on these properties may for example include roofing, electrical, plumbing, structural repairs, painting, doors, windows, and hurricane protection, provided that these repairs are practical and feasible. The Municipality plans to assist twenty (20) households. The final number of homes addressed with funding made available under this Agreement shall depend on the actual cost of undertaken projects, and therefore may vary from the stated number. B. REGULATORY STANDARDS: The regulatory standards applicable to the activities undertaken in connection with this Agreement shall include but not be limited to the ones listed below, and those enumerated elsewhere in this Agreement. Palm Beach County's failure to list verbatim or make reference to a regulation, statute, ordinance, reference, or any other document affecting the Municipality, shall not relieve the Municipality of compliance with any applicable regulation, statute, ordinance, or any other document not listed below. The County reserves the right, but not the obligation, to inform the Municipality of any such applicable regulation, statute, ordinance, or any other document, and to require the Municipality to comply with the same. HUD: U. S. Department of Housing and Urban Development regulations (24 CFR Part 570). HUD: U. S. Department of Housing and Ufian Development regulations (24 CFR Part 35}. HUD: HUD Guidelines for the Evaluation and Control of Lead Hazards in Housing. TITLE X: Title X -Residential Lead-Based Paint Hazard Reduction Act of 1992. EPA: U.S. Environment Protection Agency regulations (40 CFR Part 745). EPA: U.S. Environment Protection Agency regulations (40 CFR Part 61). OSHA: Occupational Safety and Health Administration regulations (29 CFR Part 1926). PBC: Palm Beach County Purchasing Code. The Municipality recognizes and understands that the applicable regulations, statutes, ordinances, or all other applicable documents may be amended from time to time during the term of this Agreement. The Municipality agrees to abide by all such amendments as relates to the activities undertaken in connection with this Agreement, and as determined by HCD. The Municipaiity recognizes and understands that during the term of this Agreement, new regulations, statutes, ordinances, and other applicable documents may be issued that affect the activities undertaken in connection with this Agreement. The Municipality agrees to abide by all such new regulations, statutes, ordinances, and other applicable documents as determined by HCD. Should, after the execution of this Agreement, it be discovered that requirements concerning certain activities to be undertaken in connection with the Agreement are absent, the parties agree to abide by the decision of the State on such requirements. In the instance that the State elects not to provide a decision on an absent requirement, or allows for a local choice in the matter, the parties agree that all requirements pertaining to any such matter shall be at the discretion of the County. PROGRAM ADMINISTRATOR: The Municipality shall designate an employee of the Municipality to be the "Program Administrator" in connection with projects undertaken under this Agreement, and notify HCD of the identity if such Program Administrator- The Program Administrator shall act as the primary contact person between HCD staff and persons designated by the Municipality to be involved in implementing projects undertaken under this Agreement. In addition to channeling communication from and to HCD and the Municipality, and from and to HCD and the above described designated persons, the Program Administrator shall review all materials and files submitted by the Municipality to HCD in connection with this Agreement, and shall be the recipient of all materials and files provided by HCD to the Municipality. The Program Administrator shall track and maintain awareness of the status and progress of all undertaken projects and submit the reports required hereunder. Page 10 of 36 City of Delray Beach D. PROGRAM INSPECTOR: The Municipality shall employ an "Inspector" in connection with this Agreement. The Inspector shall be able to carry out the tasks described in this Agreement and be able to demonstrate the qualifications that enable him/her to do so. The Inspector shall at minimum perform inspections of residential structures forcompliance with housing and building codes, determine the feasibility of undertaking rehabilitation, prepare construction specifications and cost estimates, review construction bids, inspect rehabilitation construction work in progress, and review and approve contractor payment requests. The Inspector shall be able to review lead- based paint inspection and risk assessment reports and determine the actions to be taken to comply with federal lead-based paint regulations, maintain inspection records and reports, prepare change orders, initiate various notification letters and conduct necessary correspondence. PROGRAM ADVISOR: The Municipality shall employ an "Advisor" in connection with this Agreement. The Advisor shall be able to carry out the tasks described in this Agreement and be able to demonstrate the qualifications that enable him/herto do so. The Advisor shall at minimum perform a variety of program implementation tasks including the participant application process, the applicant eligibility determination process, financial underwriting, loan closing, and expenditure tracking and reconciliation. OUTREACH AND APPLICANT SELECTION: The Municipality's outreach effort in publicizing the rehabilitation program being undertaken in connection with this Agreement shall include announcements at public meetings, announcements in local newspapers, distribution offlyers/brochures to affected residents, and the placement of notices at City Hall and the Municipality's neighborhood resource center. The Municipality shall develop, publish to its residents, and use its own selection method for applicants to be funded under this Agreement, provided that such method is fair and equitable, and provided that it does not in any manner violate any of the provisions contained in this Agreement. G. THE APPLICATION PROCESS: The Municipality shall invite each selected applicant to submit a written, signed, and dated application (for the purposes of this Agreement, all owners of a property to be rehabilitated who reside at such property shall be regarded as applicants, and "applicant" as referred to herein shall also mean the plural term "applicants"). The Municipality shall advise the applicant of the Program's objective and explain the type of work undertaken underthe Program without specific reference to the applicant's property. Applicants shall be advised that the primary purpose of the Program is to address property deficiencies to the extent practicable and feasible to meet applicable housing and building code standards and to effectuate repairs of damages caused by Hurricane Wilma. Applicants shall be advised of Program requirements to receive assistance and the steps involved in the rehabilitation process and their role in it. Applicants shall also be informed of the financing arrangements available under the Program. The application shall solicit information about the applicant such as: - Name of applicant(s) and any other household members residing at the property (whether related to the property owner or not) and relationship to property owner(s) as well as contact telephone numbers. - Address of the property, legal description and the Property Control Number. -Social security numbers, dates of birth of applicant(s) and ages of household members. - Employment information on all household members. - All other income for the household including: wages, salaries, bonuses, pensions, social security, disability, unemployment, self employment, rental income, interest, dividends, public assistance, alimony, child support, and income derived from assets. - A listing of all assets owned by the applicant(s) and their associated value. - Information about any mortgages on the property. -Insurance information including name of insurer, agent, address, policy number, and type, amount, and dates of coverage. In conjunction with accepting an application from a selected applicant, each such applicant shall be asked to submit documentation in support of the application such as copies of: deed, mortgage(s), pay stubs, drivers license, social security card, death certificates, the last IRS tax return (last two returns for self-employed persons), and copies of insurance policies. The Municipality shall obtain from the applicant for the applicant's file a copy of the driver's license or other picture identification document for each adult household member of the applicant, and shall obtain a copy of the social security card for each household member. Page 11 of 36 City of Delray B®ach At the time of application submission, a preliminary review shall be made of the information provided and the applicant shall be requested to sign certain pertinent release forms that enable the Municipality to verify information in the application with outside parties. Other such forms shall also be signed by the applicant at later times as the need arises in the process of reviewing the application. These release forms for example include: employment verification, social security benefits verification, and pension verification. In order to avoid any duplication of benefits, applicants shall be asked to provide signed certifications regarding the receipt of any insurance, SBA, or FEMA payments for damages to the property resulting from Hurricane Wilma. The Municipality shall devise a certification form to be used by each applicant to certify whether or not the applicant received any insurance payments (which certification form shall be placed in the applicant's file). In addition, each applicant shall be required to sign a release form to be submitted to FEMA (provided herein as Exhibit B) for the purpose of verifying the receipt of any FEMA payments in connection with damages resulting from Hurricane Wilma. The Municipality shall fax this release form to FEMA with a request for information, regardless of whether the applicant applied for, or received, any FEMA assistance, and place FEMA's response in the applicant's file. The County shall provide the Municipality with FEMA contact information at a later date. Furthermore, the Municipality shall verify whether the applicant received any assistance from the United States Small Business Administration (SBA) by verifying the presence of the applicant's name on a list of SBA recipients to be provided by the County to the Municipality at a later date. The Advisor shall complete sign and place a form in the applicant's file indicating whether the applicant's name appears on SBA's list. At time of application, the Municipality shall establish whetherthe applicant's property suffered damages from Hurricane Wilma. As a condition for receiving assistance, each applicant must be documented as having had damage to their home from Hurricane Wilma by means of: - a certification from the Municipality, or - a copy of a FEMA verification/claim, or - an insurance claim, or - an affidavit from the applicant that is attested by the Municipality. At time of application, the Municipality shall provide each applicant with a lead hazard information pamphlet entitled "Protect Your Family From Lead In Your Home', informing applicants of the potential risk of lead hazard exposure from renovation activity that may be performed in their homes, and the Municipality shall obtain from the applicant a signed receipt indicating that the applicant has received the stated pamphlet which receipt shall be placed in the applicant's file. In conjunction with accepting an application from a selected applicant, the Municipality shall determine and document the "year built" of the applicant's home. The source to be used for "year built" information shall be the Palm Beach County Property Appraiser whose data may be accessed through the Internet at http~/lwww co palm-beach.fl.us/papa/index.htm. The Municipality shall obtain a print out of the "year built" information and place it in the file for each applicant. H. THE INITIAL INSPECTION PROCESS: The Inspector shall perform an inspection of the property proposed for rehabilitation for the purpose of assessing the conditions of the property and to determine if rehabilitation is necessary and feasible. If the Inspector determines that the property did not sustain any damages from Hurricane Wilma, then the Municipality shall reject the application for assistance by providing the applicant written notice of such determination. If the Inspector determines that the property did sustain damages from Hurricane Wilma (as supported by the documentation mentioned above), then the Inspector shall determine if the repair of such damages as well as the work needed to address all housing and building code violations is feasible within the funding limits of the program. In making this deterrriination special attention shall begiven to un-permitted additions and un- permitted enclosures. Un-permitted additions and un-permitted enclosures that can be practically improved as part of the rehabilitation process, and within the funding limits, maybe undertaken. Un-permitted additions and un-permitted enclosures that cannot be practically improved as part of the rehabilitation process, and within the funding limits, shall be removed in conjunction with the rehabilitation process. Page 12 of 36 City of Delray Beach Rehabilitation shall be deemed "feasible" when the cost of complying with the requirements of the Program as specified in this Agreement can be achieved within the funding limits established for the Program. That is, the cost of meeting the requirements of applicable code standards, hurricane damage repairs, lead-based paint remediation, hurricane protection, etc. In the event that the cost of complying with the requirements of the Program exceeds the funding limits established for this Program, rehabilitation may still be deemed "feasible" if the sum of the amount funded through this Program as specified in this Agreement plus amounts funded by the applicant (such as SBA/FEMA payments, insurance proceeds, orthe applicant's personal funds) are sufficient to meet the cost of complying with the requirements of the Program. In this regard, after considering the amount of funding per applicant as allowed by this Agreement, and any SBA/FEMA payments and insurance proceeds, the Advisor shall discuss the anticipated costs with the applicant, and explore the possibility and potential of the applicant providing the gap in funds needed for the project. As part of this discussion, the Advisor shall not only consider the rehabilitation cost estimate provided by the inspector, but also other associated costs such as mortgage recording fees and termite treatment costs. Pursuant to this discussion, the Municipality shall then reach a decision whether to further pursue the project based on the ability of the applicant to fund the aforesaid gap from the applicant's resources or from a lender. Upon determining that a project cannot be undertaken based on the above (that is, the project is not feasible), the Municipality shall issue the applicant an application rejection letter in which it shall provide the reason for the rejection. For every such rejected project, the Inspector shall prepare a cost estimate to be maintained in the applicant's file to support such a determination. The Municipality shall proceed with processing projects that are deemed feasible. For projects built before January 1, 1978, that are feasible, the Municipality shall obtain alead-based paint inspection/risk assessment report as specified below. At the time of application intake or at any time thereafter during contact with an applicant or a household member of the applicant, if the Advisorfinds out about a disability of the applicant or a household member of the applicant, the Advisor shall inform the Municipality's Inspector of such finding. Alternatively, the Inspector may find out about such a disability based on contact with an applicant or a household member. After determining that a project is feasible, and in conjunction with preparing a work write-up for a project, the Inspector shall obtain an affidavitfrom the applicant regarding the disability (if the disability affects a household member who is not a minor, either that person or the applicant may provide the affidavit). The Inspector may use a general affidavit form for this purpose. The affidavit must identify the person with the disability, it must describe the disability to the affiant's best knowledge, and it must describe the remedies proposed by the affiant to accommodate the disability that can be undertaken through the Program. The Municipality is encouraged to suggest the inclusion of any remedies that can be undertaken by the Program that come to its attention while in contact with the applicant, with household members, or while inspecting the property. The Municipality is cautioned not to omit anv information the affiant wishes to put in the affidavit. The original affidavit must be placed in the applicant's file, and a copy must be presented with the work write-up when that is submitted to HCD for approval before bidding as required below. HCD shall examine the contents of the affidavit to determine if the work write-up has sufficiently addressed the accommodations needed, and consult with the County Attorney's office when necessary to achieve appropriate accommodation. In this regard, the Municipality is reminded that in addition to physical impairments that may be encountered, disabilities may also include neurological impairments, mental impairments, and emotional impairments that might come to its attention. During its discussions with the applicant or a household member of the applicant, the Municipality shall inquire: a) if the disability is expected to be of long, continued, and indefinite duration, b) if the disability substantially impedes the person's ability to live independently, and c) if the disabled person's ability to live independently can be improved by more suitable housing conditions. The Municipality shall inform the applicant that disclosure of a disability will in no way affect the application for assistance. Page 13 of 36 City of Delray Beach I. THE VERIFICATION PROCESS: During this process, the Advisor shall verify the information provided by the applicant with outside parties, and obtain additional information that is necessary in reaching a decision on whether to proceed with the project or not. The verification process shall include: (a) INCOME VERIFICATION: The Municipality shall obtain written income verification of the applicant's household in order to establish eligibility under the Program. A household is defined as: "All persons who occupy a housing unit. The occupants may be a single family, one person living alone, two or more families living together, or any other group of related or unrelated persons who share living arrangements (24CFR Part 570)'. A household shall be regarded as being eligible to receive assistance underthe Program if the projected prevailing rate of household annual income received from all sources by household size is at or below 80% of the applicable median family income for the West Palm Beach-Boca Raton Metropolitan Statistical Area. The curcent median income and schedule of qualifying incomes by household size shall be as revised and published in the Federal Register by HUD from time to time. The household annual income information to be used for eligibility determination under the Program shall be that in effect on the date funding is approved for each applicant. Annual income of all household members shall be determined according to the HUD Section 8 method. In this regard, it should be noted that the HUD Section 8 method of computing income in part takes into account income from assets (actual and imputed, as applicable}. Income shall be verified through use of verification forms signed by the pertinent household member authorizing verification by the source of income or by obtaining documentation produced by a third party that establishes income information. Verification forms may include forms such as: - employment verification - unemployment benefit verification - pension benefit verification -social security benefit verification -disability benefit verification -veteran's benefit verification -verification of benefits administered by HRS -interest income verification Each income earning household member must provide a signed copy of their last IRS return including attachments (last 2 returns for aself-employed person). It is recognized that IRS rules do not require the filing of a return if a person's income for example is below a certain amount as established by the IRS and revised from time to time. In such instance where an income-earning household member does not file a return, a notation shall be so indicated on the application form. The Municipality shall, for each adult household member who does not earn any income, obtain an affidavit from such household member indicating that no income is earned by such person. In the course of establishing and verifying household income for each applicant, the Municipality shall reconcile annual income information with annual household expenses reported by the applicant or determined by the Municipality. While reviewing this income and expense data, the Municipality shall examine such data for consistency allowing for reasonable living expenses of the household (such as food, clothing, and transportation). Where annual obligations and other household expenses (such as mortgage payments, car loans, utilities, and real estate taxes) appear to constitute substantial portions of household income not allowing room for reasonable living expenses, the Municipality shall further investigate annual income and expense information with the applicant in order to resolve unreconciled differences between both. If resolution of such matters cannot be reached to the satisfaction of HCD, the applicant's request for assistance may be suspended until satisfactorily resolved or else may be rejected. (b) TITLE VERIFICATION: The Municipality shall place in the file for each applicant copies of documents that show that the title of record to the properly proposed for rehabilitation is held by the applicant (such as a deed or court order). (Tax records shall not constitute adequate proof in this regard). (Documents showing that the applicant holds a life estate in the property shall be acceptable). Page 14 of 36 City of Delray Beach The Municipality shall assure that the applicant owned the property proposed for rehabilitation at the time of Hurricane Wilma on October 24, 2005. If the applicant is not able to demonstrate compliance with this requirement, the Municipality shall reject the applicant from participation in the Program in writing. A copy of the rejection letter shall be maintained in the applicant's file. (c) REAL ESTATE TAX VERIFICATION: The Municipality shall place in the file for each applicant copies of documents that show that the real estate taxes for the property proposed for rehabilitation have been paid in full. (d) MORTGAGE VERIFICATION: In order to avoid funding an applicant who has mortgage obligations that are delinquent and that may lead to foreclosure and eventual loss of the property proposed for rehabilitation, the Municipality shall verify with the mortgagee that mortgage payments are current. Applicants, determined to have delinquent mortgage payments or who are in foreclosure shall be rejected by the Municipality in writing after having given the applicant a reasonable period of time to correct these conditions. Copies of rejection letters shall be maintained in the applicant's file. (e) INSURANCE VERIFICATION: The Municipality shall document that the applicant, at minimum, maintains homeowner insurance on the property proposed for rehabilitation. If the property is in a flood zone "A" or flood zone "V", the applicant shall be required to maintain flood insurance on the property and the Municipality shall, before closing, maintain documentation evidencing such insurance coverage in the applicant's file. Such coverage shall be at least equal to the sum of the anticipated mortgage encumbrance against the property resulting from this Program and the balance of all other senior mortgage encumbrances against the properly. The applicant shall also provide copies of elf insurance claims, insurance settlements, and insurance payments received in connection with damages to the property. The Municipality shall obtain from the applicant an affidavit in connection with all insurance funds received by the applicant for damages to the property. If the applicant did not receive any insurance funds for damages to the property, then the Municipality shall obtain from the applicant an affidavit to that effect to be placed in the applicant's file. (f) ENVIRONMENTAL REVIEW: The Municipality shall complete an environmental review checklist for each property proposed for rehabilitation in accord with the requirement of 24 CFR Part 58 and maintain such in the applicant's file. In addition, the Municipality shall complete the Categorical Exclusion Suggested Format form provided herein as Exhibit C and submit such form with its required documentation to HCD for review and approval. The Municipality shall rectify all matters brought to its attention by HCD that are related to the contents of the Categorical Exclusion Suggested Format form as a precondition to proceeding with the project. (g) LEAD-BASED PAINT VERIFICATION: All dwelling units built before January 1, 1978, shall be inspected for the presence of lead-based paint as required by applicable lead- based paint regulations. The Municipality shall retain the services of an EPA certified lead-based paint inspector, who is also an EPA certified lead-based paint risk assessor to perform asurface-by-surface investigation (of all interior and exterior painted, stained, varnished or shellacked surfaces, regardless of whether or not such surfaces will be disturbed in course of rehabilitation) in order to detem~ine the presence of lead- based paint, and shall submit to HCD a report containing the results of the inspection and risk assessment- The report shall identify surfaces containing lead-based paint which are in a stable condition (regarded not to constitute a hazard), and surfaces which contain lead-based paint and which are deteriorated or subjected to friction or impact (regarded to constitute a hazard). The findings of the report shall be used by the Municipality in preparing the work items intended to accomplish lead-based paint remediation, and shall be used for the preparation and provision of the Lead-based Paint Notice of Evaluation and/or Presumption as required by applicable regulations. The services of the lead-based paint inspector/risk assessor retained by the Municipality shall be procured in accord with the requirements of this Agreement if the Municipality wishes to be reimbursed by the County for the cost of these services. In such instance, the Municipality shall submit its request for proposals for consultant services package to HCD and obtain a letter of approval prior to soliciting proposals, and the Municipality shall obtain HCD approval prior to awarding the contract forthese consultant services. (It is suggested that the above services also include the clearance testing services mentioned below). Page 15 of 36 City of Delray Beach The Municipality shall pay the lead-based paint inspector/risk assessor for the above mentioned reports and clearance testing services as approved by HCD, and request HCD for reimbursement of such costs. The County shall reimburse the Municipality for such costs as provided in this Agreement. THE WORK WRITE-UP PREPARATION PROCESS: If upon review of the information verified through the preceding process the applicant appears to be qualified, a work write-up shall be prepared by the Inspector for the rehabilitation project. The work write-up shall contains a detailed list of construction specifications the execution of which will correct the deficiencies at the property and will upgrade the property to the extent practicable and feasible to applicable housing and building code standards (including the HUD Section 8 Housing Quality Standards). The work write-up shall also contain items to address lead-based paint remediation, hurricane protection, energy efficiency and conservation, and ones that are intended for the removal of architectural barriers and the correction of damages caused by Hurricane Wilma. (a) CODE RELATED ITEMS: These are work item that are intended to correct code violations, that is the correction of deficiencies at the property which are not in compliance with applicable housing and building code standards (including the HUD Section 8 Housing Quality Standards). These items may also include compliance with any historic preservation requirements applicable to the property. (b) HURRICANE PROTECTION ITEMS: The work write-up shall include work items that address hurricane protection as required by code. Additional hurricane protection measures not required by code may be included in the work write-up to the extent practicable and feasible. (c) HOMEOWNER ASSOCIATION REQUIREMENTS: Should the work write-up contain items that are also regulated by a homeowner association, then the work write-up shal I address the requirements of the homeowner association for such items only, such as complying with color or style requirements for exterior building components, and obtaining homeowner association approval of building materials or exterior building components. In such instances the work write-up shall require the contractorto submit such for approval by the homeowner association prior to the commencement of the work. (d) DISABILITY ACCOMMODATIONS: In the event that an applicant and/or a household member has a disability that comes to the attention of the Municipality, an affidavit shall be obtained from the applicant/household member which contains remedies proposed by the affiant to accommodate the disability that can be undertaken through the program as previously described- When the disability is expected to be of long, continued, and indefinite duration, and if the disability substantially impedes the person's ability to live independently, and if the disabled person's ability to live independently can be improved by more suitable housing conditions, then the work write-up shall include such work items (remedies proposed by the affiant) that would accommodate the disability and that can be undertaken through the Program. (e) REHABILITATION/DEMOLITION OF UN-PERMITTED ENCLOSURES AND ADDITIONS: The work write-up shall provide for the improvement of existing un- permitted additions and enclosures such that they comply with applicable codes if feasible and practical, and within the funding limits. Un-permitted additions and enclosures that are not feasible or practical to improve as part of the rehabilitation process, and within the funding limits, shall be demolished. Mortgageellien-holder consent to demolish shall be obtained when there are existing mortgages/liens on the property. (f) LEAD-BASED PAINT REMEDIATION: If the lead-based paint inspection/risk assessment report reveals the presence of lead-based paint at the property (or if such report leads to a presumption of the presence lead-based paint at the property), then the work write-up shall include a disclosure (and warning) as follows: - A disclosure of the building components, materials, and surfaces that have been found to contain lead-based paint or are presumed to contain lead-based paint, and that will remain at the property during and after the rehabilitation project, and a warning to the contractor, all subcontractors, and all theiremployees and workers, notto disturb any of these building components, materials, and surfaces in any manner, shape, or form. Page 16 of 36 City of Delray Beach - A disclosure of the building components, materials, and surfaces that have been found to contain lead-based paint or are presumed to contain lead-based paint, and that will be abated by qualified persons in connection with the rehabilitation project, and a warning to the contractor, all subcontractors, and all their employees and workers, except for persons qualified to do so, not to disturb any of these building components, materials, and surfaces in any manner, shape, or form. - A disclosure of the dust lead hazards found at the property that will be remediated by qualified persons in connection with the rehabilitation project. - A disclosure of the soil lead hazards found at the property that will be remediated by qualified persons in connection with the rehabilitation project. The work write-up shall include items that achieve the remediation of surfaces which contain lead-based paint and which are expected to be disturbed during the process of rehabilitation construction, as well as items that achieve the remediation of surfaces which contain lead-based paint and are deteriorated or subjected to friction or impact and regarded to constitute a hazard, as well as items that address the remediation of dust and soil lead hazards. Lead-based paint remediation shall be undertaken using the "abatement" method which shall be performed by appropriately certified persons. The work write-up may also include items that achieve the remediation of surfaces which contain lead-based paint which are in a stable condition (regarded not to constitute a hazard) at the Municipality's option. The inclusion of such optional items may be intended to achieve a lead free house, or where the house is permanently occupied by at least one child less than six (6) years old. The work write-up for abatement shall specify the scope of the hazard reduction activity, the lead hazard reduction duration, the status, and length in days, of occupant temporary relocation, the compliance requirements, the qualifications to perform the work, and shall require an occupant protection plan, clearance testing, and an abatement report. (g) INCLUSION OF ENVIRONMENT REVIEW REQUIREMENTS: Theworkwrite-up shall include any work required as a result of the completion of the environmental review of the property (such as noise attenuation). (h) ASBESTOS CONTAINING MATERIALS: Should the Inspector, while preparing the work write-up, encounter suspect asbestos containing materials, such as transite siding, or should the Inspector encounter a current or prior non-residential use of the property (the house and its surrounding site), then the Inspector shall inform HCD of such observation. HCD shall then cooperate with the Municipality to obtain an asbestos survey of the property in order to determine the presence of asbestos containing materials, which if found, shall be addressed in accord with applicable regulations. Each work write-up submitted to HCD shall be accompanied by a certification from the Inspector who prepared the work write-up indicating whether or not there is any evidence of a current or prior non-residential use of the property. (i) APPLICANT'S WORK WRITE-UP REVIEW AND APPROVAL: The Inspector shall review the completed work write-up with the applicant who shall sign a review and approval statement indicating: -That the work write-up has been reviewed with the applicant. -That the applicant understands the scope of work and the specifications of the work to be performed on the applicant's property. - The applicant's agreement that no changes to the work write-up specifications will occur except for items needed to meet housing or building code requirements. - The applicant's authorization allowing the Municipality to obtain bids for the work contained in the work write-up. Q) HCD WORK WRITE-UP APPROVAL AND IN-HOUSE COST ESTIMATE: Each completed work write-up signed by the applicant shall be maintained in the applicant's file. After incorporation of any requirements resultino for the comoletion of the environmental review into the work write-ua, the Municipality shall provide HCD, for HCD's approval before bidding, a copy of such work write-up showing the Inspector's in-house cost estimate for each item in the work write-up. The work write-up shall be accompanied by a copy of lead-based paint inspection/risk assessment report, a copy of the aforesaid asbestos certification as prepared by the Inspector, as well as copies of any disability affidavits. HCD shall advise the Municipality of its determination concerning its review of the work write-up within ten (10) working days of its receipt. Page 17 of 36 City of Delray Beach K. BIDDING AND BID EVALUATION: Bids for the work detailed in the work write-up shall be solicited by the Municipality from contractors on a list of bidders established by the Municipality. The Municipality shall determine the requirements (such as licensing and insurance requirements) to be met by such contractors for admission to the list of bidders. For projects requiring lead-based paint abatement, the rehabilitation contractor submitting a bid must be, or must hire, a certified lead- based paint abatement contractor as a subcontractor. The bid documents to be used for this purpose shall include the address, property owner, and property owner contact information for the property to be rehabilitated, shall require bidders to visit the property, and shall specify the location, date, and time by which bids must be submitted. The bid documents shall specify the number of days after bid opening that bids are to remain valid. The bid documents shall contain provisions for addressing inconsistencies, interpretations, and supplemental instructions, as well as provisions for the modification, withdrawal, rejection, and award of bids. The bid documents shall contain the warranty and release of liens requirements as well as the insurance requirements for both the contractor and the lead-based paint abatement contractor (or subcontractor). The bid documents shall contain the Federal requirements applicable to projects funded under the Program. For projects requiring lead-based paint abatement, the bid documents shall specify that the Program shall pay for the first clearance test to be undertaken in connection with the abatement for a project, and shall specify that the contractor shall be responsible for the cost of all subsequent clearance tests to be obtained by the Municipality for that project. The bid documents shall indicate that the cost of all clearance tests obtained by the Municipality and required for a project after the initial clearance test, shall be deducted from the contractor's payment. For projects requiring lead-based paint abatement, the bid documents shall specify the number of days for which the Program shall pay for occupant temporary relocation, if any. The bid documents shall specify that the Program shall pay for occupant temporary relocation costs for the pre-specified number of days, and shall specify that the contractor shall be responsible for the cost of all subsequent occupant temporary relocation made necessary as a result of the contractor's failure to pass any clearance testing. The bid documents shall indicate that the cost of all occupant temporary relocation necessitated as a result of the contractor's failure to pass any clearance testing and paid by the Municipality, shall be deducted from the contractor's payment. The Municipality shall require contractors to submit sealed bids for the work contained in the work write-up after visiting the applicant's property to acquaint themselves with existing conditions. The Municipality shall only accept bids up to apre-specified date and time after which such bids shall be opened at the Municipality's offices. Bid openings shall be open to bidders, applicants, and the general public. At the bid opening the Municipality's designated employees shall open the bids and announce total amounts bid. The announced totals shall be recorded on a bid spreadsheet showing each bidder's name and total amount bid as announced. After all bids are opened and announced the Municipality shall calculate the sum of all the individual items contained in each bid to check for discrepancies between such sum and the amount read at the bid opening. Where a discrepancy exists in a bid between the true and correct sum of itemized costs and the total announced at the bid opening, the true and correct mathematical sum of itemized costs shall prevail and the spreadsheet shall be noted accordingly. Upon close examination of all bids, the Municipality shall make a determination on the apparent lowest responsive responsible bidder that best meets the terms, conditions, and specifications of the bid and that will result in the best interest of the applicant, the Municipality, and the County. The Municipality shall evaluate the lowest bid to establish whether the total bid is within the funding limit, and shall provide the applicant an opportunity to contribute to the project any funds needed for the project above the funding limit. Funding shall be recommended for the lowest responsive responsible bidder. Should the applicantwish to select another bidder, then the difference in cost between the lowest bidder and that selected by the applicant shall be funded by the applicant. Should the Municipality wish to place a limit on the number of construction contracts that may be awarded to a participating contractor at any one time under its Program, then the Municipality shall disclose such conditions in the bid documents. Page 18 of 36 City of Delray Beach The Municipality shall secure the services of a vendor in connection with the Program to provide inspections for, and treatment of, termites and other wood destroying organisms (extermination) where such infestation is found. The contract for these services shall cover the property of all the applicants participating in the Program, shall be provided on an "as needed basis", and shall establish the cost of such services for use when needed. Before securing these services, the Municipality submit its request for proposals for extermination vendors to HCD and obtain a letter of approval prior to soliciting proposals, and the Municipality shall obtain HCD approval prior to awarding the contract for these services. Should the Municipality not be able to obtain HCD approval for the aforesaid contract, or should it choose to solicit these extermination services for each applicant on a project by project basis, then the Municipality shall, in like manner as described above, establish a list of companies qualified to provide such services, and shall, for each applicant, solicit, obtain, and evaluate bids from such companies for the treatment of termites and other wood destroying organisms that may be found at the property to be rehabilitated under the Program. Funding shall be recommended for the lowest responsive responsible bidder. Should the applicant wish to select another bidder, then the difference in cost between the lowest bidder and that selected by the applicant shall be funded by the applicant. PROJECT UNDERWRITING: The Municipality shall complete a project undenNriting process which entails undertaking several tests to verify if Program requirements have been met. This process also entails the formulation of a funding recommendation when such requirements are met, or the rejection of the application if these requirements can not be met by the applicant. The Municipality shall, for each applicant, document the following: (a) INFORMATION CONSISTENCY: The Municipality shall assure that the information submitted by the applicant and other information verified through third parties or gathered by the Municipality is consistent. If the preceding can not be met, the Municipality shall request the applicant to provide corrected information or an explanation such that satisfactory consistency exists in the opinion of the Municipality and HCD. Failure to do so particularly where willful falsification exists shall be regarded as grounds for rejection of the application and denial of any assistance. (b) PROPERTY LOCATION: The Municipality shall assure that the property to be rehabilitated is located within its municipal boundaries. An applicant whose property is not located within these boundaries shall be rejected. (c) PROPERTY ELIGIBILITY: The Municipality shall assure that the property to be rehabilitated is a detached one dwelling structure entirely used for residential purposes. The Inspector, at the time of initial inspection, shall establish the number of units at the project and its use for residential purposes. If the number of units exceeds one detached dwelling unit, such condition shall be remedied by actions that result in no more than one detached dwelling unit after rehabilitation by including the removal of any excess units in the work write-up. Any such demolition shall not result in the displacement of any occupant and shall comply with One-for-One Replacement regulations. If the property is not entirely used for residential purposes, such condition shall be remedied by actions that result in elimination or conversion of non-residential portions of the property to residential use. (d) OCCUPANCY/RESIDENCY: The Municipality shall assure that the applicant resides at the property to be rehabilitated which shall be determined at the time the property is inspected and through the applicant's address as revealed bythe various documents received during the application/verification process. If the applicant does not occupy the property, the applicant shall demonstrate extenuating circumstances for not residing at the property. Rehabilitation may proceed provided that the rehabilitation renders the property occupiable, and provided that the applicant submit a written commitment prior to funding approval clearly indicating the intent of the applicant to reside at the property after completion of the rehabilitation process. Extenuating circumstances may include certain circumstances such as damages from hurricane Wilma, or a determination of the property's unfitness for habitation by a building or other official for reasons of safety or other danger at the property that can be remedied through the Program. HCD shall determine the type of documentation necessary and/or acceptable to demonstrate the existence of these extenuating circumstances, and if the extenuating circumstances are acceptable. Page 19 of 36 City of Delray Beach (e) PROPERTY OWNERSHIP: The Municipality shall assure that the title of record to the property proposed for rehabilitation is held by the applicant at the time of application and that the applicant owned the property proposed for rehabilitation at the time of Hurricane Wilma on October 24, 2005. Note: the above condition requiring that the applicant have an ownership interest in the property to be rehabilitated does not preclude other parties who do not reside at the property from having an ownership interest in the property in addition to that of the applicant. These other parties are not regarded to be part of the applicant's household, however any such other parties having an ownership interest must agree to and join the applicant in executing program documents that secure the rehabilitation costs and encumber the property. In instances where the applicant has a life estate, all "remainder men" must agree to and join the applicant in executing program documents that secure the rehabilitation costs and encumber the property. (f) REAL ESTATE TAX PAYMENT: The Municipality shall assure that the real estate taxes forthe property proposed for rehabilitation have been paid in full and shall place in the file for each applicant copies of documents showing the same. (g) CURRENT MORTGAGE PAYMENTS: For applicants who have mortgage obligations, the Municipality shall assure that such mortgage obligations are not delinquent and that mortgage payments are current. (h) PROPERTY INSURANCE: The Municipality shall assure that the applicant, at minimum, maintains homeowner insurance on the property proposed for rehabilitation, and if the property is in a flood zone "A" or flood zone "V", it shall assure that the applicant maintains flood insurance on the property. if such insurance is not in place at the time of application, then the Municipality shall, before closing, obtain documentation evidencing such insurance coverage. (i) DAMAGES FROM HURRICANE WILMA: The Municipality shall assure that the applicant's property suffered damages from Hurricane Wilma as previously described. Q) RECEIPT OF SBA OR FEMA BENEFITS AND INSURANCE PROCEEDS: The Municipality shall assure thatthere is not duplication of benefits. The Municipality shall verify the receipt of any SBA and/or FEMA payments by the applicant in connection with Hurricane Wilma and shall document such. The Municipality shall verify the receipt of any insurance proceeds by the applicant in connection with Hurricane Wilma and shall document such. (k) LEAD HAZARD PAMPHLET: The Municipality shall assure that each applicant has received a lead hazard information pamphlet entitled `Protect Your Family From Lead In Your Home", and shall obtain from the applicant a signed receipt for such pamphlet. (I) LEAD NOTICE: Foreach property built before 1/1/78, the Municipality shall assure that each applicant has received a Lead-based Paint Notice of Evaluation and/or Presumption and shall obtain from the applicant a signed receipt for such notice. (m) ENVIRONMENTALANDHISTORICREVIEW: The Municipalityshallassurethatthere are no environmental or historic considerations that would prevent the rehabilitation of the property, and that it has complied with all environmental and historic requirements. (n) PRESENCE OF ASBESTOS: The Municipality shall assure that the rehabilitation of the property shall not cause any asbestos exposure and it shall comply with applicable asbestos regulations when there is evidence of a current or prior non-residential use at the property (the house and its surrounding site). (o) HOUSEHOLD INCOME: The Municipality shall assure that the annual income of the household occupying the property to be rehabilitated as received from all sources, by household size, is at or below 80% of the applicable median family income for the West Palm Beach-Boca Raton Metropolitan Statistical Area. Page 20 of 36 City of Delray Beach M. PROGRAM COSTS. FUNDING LIMITS AND SECURITY: (a) ELIGIBLE PROGRAM COSTS: The following expenses shall be regarded as eligible costs under the Program: - Labor, materials, and other costs of rehabilitation of properties, including repair directed toward an accumulation of deferred maintenance, removal of material and architectural barriers that restrict the mobility and accessibility of elderly or severely disabled persons, replacement of principal fixtures and components of existing structures, installation of security devices, including smoke detectors and dead bolt locks, and renovation through alterations, additions to, or enhancement of existing structures, which may be undertaken singly, or in combination. - Improvements to increase the efficient use of energy in structures through such means as installation of storm windows and doors, siding, wall and attic insulation, and conversion, modification, or replacement of heating and cooling equipment, including the use of solar energy equipment. - Improvements to increase the efficient use of water through such means as water saving faucets and shower heads and repair of water leaks. - Improvements to provide windstorm protection to render rehabilitated homes less vulnerable to future wind related damage. - Connection of residential structures to water distribution lines or local sewer collection lines (excluding payment of certain associated fees, such as impact fees, not eligible under the CDBG program). - Costs of flood insurance premiums and associated service charges as established under the National Flood Insurance Program for a period of up to three years. - Costs of inspecting, testing, and abatement of lead-based paint and asbestos containing materials pursuant to applicable regulations. - Costs associated with the processing of rehabilitation applications such as a title search or state and local fees for recording documents prepared in conjunction with the Program. -Costs of obtaining construction related professional services including architectural, engineering, and surveying services, including the preparation of related technical documents, and inspections associated with execution of the content of such documents as pertains to the rehabilitation work. - Costs of performing inspections of termite or other wood destroying organisms and extermination thereof. -Construction contingency funds at an amount which is the lesser of five percent (5%) of the construction contract amount or $1,000. (b) FUNDING LIMITS AND SECURITY: All costs for each applicant, except for temporary relocation costs and the cost of the Inspector and/or an Advisor, shall be provided as a loan subject to the following: -The maximum funding amount perapplicantfor payment of rehabilitation construction costs and incidental expenses regarded as eligible under this Agreement: $40,000. - Security: A mortgage and promissory note, in the amount funded to the applicant, shall be executed by all property owners of record at the closing described below and shall be recorded by the Municipality in the public records of Palm Beach County immediately after such closing. The Municipality shall be the mortgagee on all such mortgages and shall be the beneficiary of the promissory notes. Note: all additional funds, not included in the mortgage and promissory note, and provided after the mortgage and promissory note have been executed, shall be secured by means of a notice of future advance and promissory note, before such funds are expended. The notice of future advance and a copy of the promissory note shall be promptly recorded by the Municipality in the public records in like manner. - Interest rate: 0%. -Term: 10 years for amounts funded up to $20,000, and 15 years for amounts funded that are equal to or greater than $20,000. - Repayment Provisions and Events of Default: No repayment shall be made by the mortgagor during the term of the mortgage, except that the entire principal amount of the loan (and any other amounts required by the mortgage) shall be repaid by the applicant in the event of default as specified in the mortgage including the lease, sale, transfer of title to, or disposition of, the mortgaged property. - Repayment of funds during the term of this Agreement: The Municipality shall immediately transmit to the County all mortgage repayments that the Municipality receives during the term of this Agreement. The Municipality may request the County to add such transmitted funds received during the term of this Agreement to the amount funded under this Agreement for such uses as described in the Agreement. - Repayment of funds after the expiration of this Agreement: The Municipality shall immediately transmit to the County all mortgage repayments that the Municipality receives after the expiration of this Agreement. The County shall then transmit such funds to the State. The provisions of this clause shall survive the expiration of this Agreement. Page 21 of 36 City of Delray Beach PROJECT APPROVAL: Upon assurance of project compliance with the requirements of the Program, and formulation of a funding recommendation for the applicant, the Municipality shall submit to HCD the entire applicant file compiled to date and a financial write-up of the project by which the Municipality requests HCD to approve funding for the applicant. HCD shall advise the Municipality of its determination concerning its review of the financial write-up within ten (10) working days of HCD's receipt of the financial write-up. The financial write up shall contain the following information: - Applicant/Owner Information: the name and address of the applicant, the names of the owners, and a statement conceming the presence of any owners that do not occupy the property. - Household Information: identify the persons in the household, their relationship and ages. - Household Income Information: identify each household member receiving an income, the type of income, and the amount of monthly income, provide the household annual income, and a statement that the household is income eligible. - Property Information: provide a unit description (one unit substandard detached residence), occupancy status (owner occupied), year built, year acquired, number of bedrooms, square footage area, a statement that the property sustained damages from Hurricane Wilma, and a statement that the property is located within the municipal boundaries. - Property Obligations: identify the status of real estate tax and mortgage payments, and property insurance coverage. - Project Costs: list all project costs for items such as Inspection/risk assessment report, clearance test, rehabilitation construction, termite treatment, recording fees, and construction contingency, and provide a total cost for the project. - Receipt of Benefits/Proceeds: provide a statement concerning the applicants receipt of any SBAlFEMA benefits and/or any insurance proceeds, the amount thereof, and an explanation of which portion of such received funds will be contributed by the owner to the cost of the project. - Funding Eligibility: provide a statement that the applignt is eligible to receive funding in accord with the Agreement between the County and the Municipality. -Funding Recommendation: provide a funding recommendation indicating the recommended sources of funds, and the amount from each source, to meet the total cost of the project. - Submission Statement: provide a statement identifying the person who prepared and submitted the financial write-upon behalf of the Municipality and provide a signature and date for submission from such person. - Funding Approval: provide a section for HCD to indicate its approval of the funding recommendation and a signature and date for such approval, and allow a section for HCD comments in this regard. O. PROJECT CLOSING: Upon approval of project funding by HCD, the Municipality shall prepare certain project documents to be executed at the closing which shall be attended by The Advisor, the applicant, and the contractor for the project that has been selected through the bid process. The Municipality shall assure that the following has occurred as apre-requisite to closing: -The Inspectorshall conductapre-closing pre-construction site conference/walk-through with the applicant and the contractor. At this walk-through the participants shall review the scope of work to be performed, the schedule of work, and they shall establish whether there is a need for the homeowner to move any personal or household items to facilitate the contractor's work. -The Advisor shall receive evidence of contractor insurance as specified in the bid documents and construction contract which evidence shall be placed in the applicant file. -The Advisor shall verify that the project contractor does not appear on the current General Services Administration List of Parties Excluded from Federal Procurement or Non- procurement Programs (see http://www.epls.gov/). - For projects requiring lead-base paint abatement, the Advisor shall receive from the contractor an occupant protection plan prepared according to applicable regulations. The closing shall be conducted by the Advisor who shall review all documents with the applicant prior to execution. The documents to be executed by the applicant shall include: - Mortgage. - Promissory Note. - Notice of Commencement. - Notice to Proceed. -Contract for Exterminating Services (between the applicant and the exterminafing company). - Construction Contract (between the applicant and the contractor). Page 22 of 36 City of Delray Beach Note: All owners of record (including the applicant(s) who reside at the property and owners who reside elsewhere) must execute the mortgage and promissory note. In instances where the applicant has a life estate, all "remainder men" must join the applicant in executing the mortgage and promissory note. The documents to be executed by the contractor shall include: - Construction Contract (between the applicant and the contractor). - Certification of Nonsegregated facilities. - Certification of Eligibility of General Contractor. - Noncollusion Affidavit of Prime Bidder. -Anti-kickback Affidavit. The Advisor shall provide the contractor blank payment request forms for the contractor's use, and after the closing shall obtain the exterminating company's counter signature on the Contract for Exterminating Services. The Municipality shall, immediately after the closing, assure that the original executed mortgage accompanied by a copy of the promissory note, and the notice of commencement are recorded in the public records of Palm Beach County. The Inspector shall, immediately after recording, assure that a certified copy of the recorded Notice of Commencement is posted in a visible location at the property to be rehabilitated. The Municipality shall assure that all funds from other sources, except funds to be provided under this Agreement, intended for a project regardless of source shall be available at closing. This shall include all the applicant's contributions, all insurance proceeds and/or any payment from SBA/FEMA (or other agency), as well as all the Municipality's funds to be used for the project. All such funds shall be held in escrow by the Municipality and shall be expended on the project before the Municipality requests HCD for the reimbursement of funds made available under this Agreement for the project as described below. For projects where lead-based paint abatement is to be performed and where the occupants of the house are to be temporarily relocated, the Advisor shall, at the closing, coordinate the abatement work days and the temporary relocation dates with the applicant, the contractor, the Inspector, and the hotel. The Municipality shall use a Document Affidavit, a blank form of which shall be provided to it by HCD, in connection with closings for property owners who are unable to read (for illiterate persons and for persons who due to a physical disability are unable to read}, and who do understand English. The Advisor shall list on this affidavit all documents by name that are included in the closing, and that are to be executed by such property owners. The Advisor shall also arrange for someone (such as a friend or a relative of the property owner or someone well acquainted with the property owner) to read these documents to the property owner. The Advisor shall prepare and deliver these documents to the reader in advance of the closing to allow enough time for reading. The Document Affidavit shall be executed by the reader and secured by fhe Advisor for the closing to be placed in the applicant file. The Municipality shall use a Translated Document Affidavit, a blank form of which shall be provided to it by HCD, in connection with closings for property owners who do not understand English. The Advisor shall list all documents byname that are included in the closing, and that are to be executed by such property owners. The Advisor shall also arrange for someone (such as a friend or a relative of the property owner or someone well acquainted with the property owner) to translate these documents to the property owner noting that an oral translation is sufficient, provided that the nature and effect of the documents is translated. The Advisor shall prepare and deliver these documents to the translator in advance of the closing to allow enough time for translation. The Translated Document Affidavit shall be executed by the translator and secured by the Advisor for the closing to be placed in the applicant file. P. REHABILITATION CONSTRUCTION: The Inspector shall inspectthe work in progress being performed by the contractor and review and approve all construction draws made against the contract. The applicant shall approve all work requested for payment. A minimum five percent (5%) retainage shall be applied to each progress draw, with the accumulated retainage amount released in conjunction with final payment. All lead-based paint remediation, temporary relocation of occupants, notifications, clearance testing, and related documentation shall be carried out in compliance with HUD lead-based paint regulations for projects funded under the Program. Page 23 of 36 City of Delray Beach During construction, change orders for unforeseen code related work items necessitating an increase in the contract amount may be approved provided contingency funds are available. If contingency funds are insufficient, additional funds may be obtained for the project as described below. The Municipality shall request HCD's approval of all change orders before they are signed regardless of whether or not the change orders cause an increase in the contract amount. HCD shall advise the Municipality of its determination concerning its review of change orders within ten (10) working days of HCD's receipt of the proposed change order. Upon completion of the work, the contractor shall ensure that all work has been approved by the building department with jurisdiction aver the project, and obtain the necessary permit approvals. The contractor shall request a final inspection by the Municipality which shall be followed by the Municipality providing the contractor with a punch list of deficiencies (if such deficiencies exist) to be corrected by the contractor prior to final payment. When the work is fully completed, the Municipality shall obtain the applicant's approval of the final payment. The final payment shall be subject to the Municipality's receipt of the following from the contractor: - Original building permits with Bldg. Dept. final approval, and Certificate of Completion. -Original contractor's roof nailing affidavit. - Original contractor's warranty showing the final inspection date/warranty start date. - Original contractor's release of lien (with all subcontractors listed). -Original subcontractors' releases of lien for subcontractors with Notices to Owner. - Original abatement report for projects with lead-based paint abatement. - Required product approvals. - Manufacturers' warranties for equipment and appliances. The Municipality shall pay the contractor for completed work that is contained in the construction contract as approved by HCD, and request HCD for reimbursement of such costs. The County shall reimburse the Municipality for such costs as provided in this Agreement. In connection with the first draw for each construction contract that is requested for reimbursement, the Municipality shall provide the following: - A copy of the executed construction contract. - A copy of the contractor's bid showing the work items and the cost of each. - A copy of the contractor's payment request approved by the Inspector and the applicant, which shows the work items approved for payment and their costs, and which provides an accounting of the contract amount, change orders, retainages, payments to date, deductions and a computation of the approved payment. - A copy of the check tendered in payment by the Municipality. In connection with the interim draws for each construction contract that is requested for reimbursement, the Municipality shall provide the following: - A copy of the contractor's payment request as specified above. - A copy of the check tendered in payment by the Municipality. In connection with the final draw for each construction contract that is requested for reimbursement, the Municipality shall provide the following: - A copy of the contractor's roof nailing affidavit. - A copy of the contractor's warranty. - A copy of the contractor's release of lien. - A copy of the abatement report. - A copy of the contractor's payment request as specified above. - A copy of the check tendered in payment by the Municipality. Extermination, if necessary, shall be carried out after completion of construction and as scheduled by the Advisor. The Municipality shall inspect the extermination work and review and approve the payment for such services. The applicant shall also approve extermination work requested for payment. The Municipality shall pay for the completed extermination work that is contained in the contract forexterminating services as approved by HCD, and request HCD for reimbursement of such costs. The County shall reimburse the Municipality for such costs as provided in this Agreement. Furthermore, in connection with the extermination services that are requested for reimbursement, the Municipality shall provide the following: - A copy of the executed contract for exterminating services. - A copy of the company's invoice approved by the Municipality and the applicant. - A copy of the check tendered in payment by the Municipality. Page 24 of 36 City of Delray Beach Q. TEMPORARY RELOCATION POLICY: The Municipality shall not cause the permanent dislocation of any persons as a result of implementing the Program. The parties to this Agreement recognize that the rehabilitation process may in some instances require the temporary relocation of the applicant and the applicant's household members due to activities such as lead-based paint abatement or during extermination of wood destroying organisms. Accordingly, the Municipality hereby adopts the below Temporary Relocation Assistance Policy and obligates itself to making the payments associated therewith without seeking reimbursement from HCD for all such payments. Temporary Relocation Assistance Policy: Should in the course of rehabilitation activities undertaken under the Program envisioned by this Agreement, the necessity arise to temporarily relocate the members of the household where rehabilitation is being performed (while lead-based paint abatement is taking place, or during extermination of wood destroying organisms, for example), then the Municipality shall pay for the cost of accommodations (hotel/motel) incurred while temporarily housing such household members away from the home being rehabilitated. The Municipality shall endeavor to minimize the cost of such accommodations while arranging for accommodations that are as close to the home being rehabilitated as possible, for the least number of nights possible, and while minimizing disruption to the family {that is, maintaining proximity today care, schools, or work). The Municipality shall not secure any such temporary relocation payments by the mortgage given by the applicant under the Program. Nothing herein shall preclude the applicant from voluntarily temporarily relocating to a location of the applicant's choice (such as with friends or family) while Program activities are underway without seeking payment from the Municipality. R. PROJECT CLOSEOUT: After all project contracts, invoices, and expenses have been paid, the Municipality shall prepare and submit to HCD, along with the entire applicant file compiled to date, a closeout statement which shall show all allocated funds, and an itemized listing of all payments made on behalf of the applicant, and all undisbursed funds and their disposition. Funds that have been secured by the mortgage and that have not been expended shall be credited by the Municipality to the applicant as a principal reduction of the loan. The closeout statement, shall be prepared and signed by the Advisor, and shall be placed in the applicant file with a copy provided to the applicant. S. OTHER RELATED MATTERS: (a) PROGRAM DOCUMENTS: Prior to the Municipality's use of any documents listed below in connection with this Agreement, the Municipality shall submit the following to HCD for approval: Lead-Based Paint Notice of Evaluation And/Or Presumption, Lead- based Paint Notice of Hazard Reduction Activity, bid documents and solicitation documents for all services, construction contract, notice of commencement, release of liens, warranty, extermination contract, mortgage, promissory note, notice of future advance, and affidavits. The Municipality shall use the above documents as approved by HCD in connection with this Agreement. After the execution of this Agreement, the Municipality agrees to submit, in like manner, any other Program documents requested of it by HCD for review and approval. (b) DATE VALIDITY OF DOCUMENTS: The below identified documents contained in applicant files at the time of funding approval by HCD shall be no more than six months old: - Income verifications and income affidavits. - Verification of real estate and mortgage liabilities. - Evidence of owner's funding. Note: Construction and extermination contractor's bid proposal validity date may be voluntarily extended by a letter from the contractor, and if not voluntarily extended by the contractor, the Municipality shall procure such services again through the bid process. (c) ADDITIONAL FUNDING: The Municipality may request additional funding in excess of amounts approved by HCD for a project (such as for change orders), provided that the sum of additional funding and original project funding does not exceed the funding limit per applicant established in this Agreement. In its request, the Municipality shall identify the purpose of the additional funds and provide a detailed accounting of the items to be funded. Page 25 of 36 City of Delray Beach In the instance where such sum would exceed the funding limit per applicant established in this Agreement, the applicant shall be given the opportunity to make up any funding short fall, and if not made up by the applicant, the Municipality may request HCD for a waiver allowing the sum to exceed such limit. The approval of waivers, if recommended by HCD, shall be made by means of an amendment to this Agreement to be executed by the parties with the same formality as this Agreement. Waivers may be considered in connection with the need for additional funds arising from unforeseen conditions related to the construction rehabilitation at the property, or in connection with any other needs deemed appropriate by HCD and otherwise regarded as eligible program costs as identified herein. All additional funds, not included in the mortgage and promissory note, and provided after the mortgage and promissory note have been executed, shall be secured by means of a notice of future advance and promissory note, before such funds are expended. The notice of future advance and a copy of the promissory note shall be promptly recorded by the Municipality in the public records of Palm Beach County. (d) TERMINATION OF FUNDING: The Municipality shall take steps to terminate funding and accelerate loan repayment during the rehabilitation process if: - The applicant refuses or fails to allow the rehabilitation work to commence within thirty (30) days from construction contract award. - The applicant refuses or fails to allow completion of rehabilitation after commencement. -The applicant refuses to authorize payments associated with the project which have been deemed payable by HCD's Director. - An event of default occurs as specified in the mortgage or promissory note. The Municipality shall give the applicant notice of such termination and/oracceleration, as appropriate, with legal follow-up where necessary. (e) SUBORDINATION OF MORTGAGE: The Municipality shall establish a written policy for the future subordination of mortgages taken in connection with this Agreement provided that such policy aims at preserving homeownership, and provided that the execution of such subordination preserves or enhances the encumbered property's value, and that the execution of such subordination does not adversely affect the Municipality's financial interest in the rehabilitated property. The provisions of this clause shall survive the expiration of this Agreement. {f) SATISFACTION OF MORTGAGE: The Municipality shall issue the applicant a satisfaction of mortgage when the applicant has complied with all the temis and conditions contained in the mortgage and promissory note. Upon issuance, the Municipality shall recorded the satisfaction of mortgage in the public records of Palm Beach County and shall transmit the original to the applicant. The original recorded satisfaction of mortgage document shall be accompanied by the original mortgage and promissory note when transmitted to the applicant. The provisions of this clause shall survive the expiration of this Agreement. (g) RETENTION OF APPLICANT FILES: All applignt files (files for completed projects, files that are incomplete, and files for rejected applications) shall be retained by the Municipality for a period of six (6) years from the date of final closeout of the agreement between Palm Beach County Board of County Commissioners and the State of Florida for the 2005 Disaster Recovery Initiative Program, or the statutory required period (F.S. Chapter 119), whichever is longer. The provisions of this clause shall survive the expiration of this Agreement. T. SECTION 3 REQUIREMENTS: The Municipality agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available at HCD upon request. The Municipality shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause (a) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U. S.C. 170 1u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. Page 26 of 36 City of Delray Beach (b) The parties to this contract agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers representative of the contractor's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (d) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. (e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. (f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. U. REPORTS: The Municipality shall submit to HCD detailed monthly and semi-annual reports as described below: (a) MONTHLY REPORT: The Municipality shall submit to HCD detailed monthly progress reports in the form provided as Exhibit D to this Agreement. Each report must account for the total activity for which the Municipality is funded under this Agreement. The progress reports shall be used by HCD to assess the Municipality's progress in implementing the project. (b) SEMI-ANNUAL REPORT: The Municipality shall submit to HCD detailed semi-annual reports in the from provided as Exhibit E to this Agreement. During the term of this Agreement, the Municipality shall each 31"day of March submit such report for the prior six month period beginning on the preceding 18` day of October, and ending on said 31~`day of March. In addition, during the term of this Agreement, the Municipality shall each 30"' day of September submit such report for the prior six month period beginning on the preceding 1 Sc day of April, and ending on said 30'" day of September. (c) CLOSEOUT REPORTS: After the completion of all activities funded under this Agreement, the Municipality shall submit to HCD the closeout reports identified as the Housing Benefit Report and the Beneficiary Data Report in the from provided as Exhibits F and G to this Agreement. (d) OTHER REPORTS: The Municipality agrees to submit to HCD any other reports required by the State in connection with activities undertaken through this Agreement including, but not limited to, reports associated with Section 3. The Municipalityfurtheragrew that HCD, in consultation with any parties it deems necessary, shall be the final arbiter on the Municipality's compliance with the above. Page 27 of 36 City of Delray Beach II. THE COUNTY AGREES TO: A. Provide funding forthe above specified activities during the term of this Agreement, as follows: (a) An amount of $800,000: For payment of rehabilitation construction costs and related expenses regarded as eligible under this Agreement (including lead-based paint expenditures such as the cost of inspections and risk assessments, abatement, and clearance testing). B. Provide project administration and inspection to the Municipality to ensure compliance with U.S. HUD and the Department of Labor, and applicable State, Federal and County laws and regulations. C. Monitor the Municipality at any time during the term of this Agreement. Visits may be announced or unannounced as determined by HCD and will serve to ensure compliance with State and U.S. Department of HUD regulations, that planned activities are conducted in a timely manner, and to verify the accuracy of reporting to HCD on program activities. D. The County shall perform an environmental review of each project, and review and approve all aspects and expenditures of each project as specified herein. The County shall also perform Davis Bacon Act Labor Standards monitoring and enforcement. Environmental review costs incurred by the County may be charged to the project budget identified above. Page 28 of 36 City of Delray Beach EXHIBIT B AUTHORIZATION TO RELEASE CONFIDENTIAL INFORMATION I, the undersigned, authorize the Federal Emergency Management Agency (FEMA), the State of Florida, and appropriate agencies of the State of Florida responsible for providing disaster assistance to release information relating to my eligibility for monetary or other forms of assistance arising from the major disasters declared: Hurricanes Katrina FEMA-DR-1602-FL (dated August 28, 2005), and/or Wilma FEMA-DR-1609-FL (dated October 24, 2005) to those agencies that provide disaster-related assistance. This authorization permits the release of information that is deemed confidential under Federal and State Privacy Acts. This authorization is given to obtain and/or provide assistance I need as a result of the prior referenced federal disasters} to insure that benefits are not duplicated. It includes the sharing of information about my applicati0on in FEMA's possession or under FEMA's control. This authorization includes only information necessary to allow the appropriate agency or organizations to determine if I am eligible for assistance from that agency or organization. This information is not to be used for any other purpose. I also understand and acknowledge that signing this does not guarantee that I will get assistance from Voluntary Agencies and/or appropriate Federal and State agencies. However, without my permission, my information cannot be shared with other agencies or organizations for consideration. I understand that I will still receive all FEMA assistance for which I am eligible. This Authorization is submitted pursuant to 28 U.S.C. § 1746 under penalty of perjury. OPTIONAL - I choose to exclude the following agencies from access to this information: I understand that it is my choice to sign this Release: Name (Printed) Date Signature Pre-Disaster Address: Current Address: Phone or Message #: FEMA Registration #: (Updated 02/05!2006) S:\Caplm prv\2005DisasterRecoverylnitiative_SupplApprop\RehabProgramslDelrayBeachlAgmtMuni.wpd Page 29 of 36 City of Delray Beach EXHIBIT C CATEGORICAL EXCLUSION SUGGESTED FORMAT SUBJECT TO §58.5 PROJECT NAME AND DESCRIPTION: Include all contemplated actions which are either geographically and/or functionally part of the project. Location Activities included in project: This project is determined to be Categorically Excluded according to: (Cite section(s) and activities that are applicable] DIRECTIONS: Once the review process for each compliance factor has been completed, the Statutory Checklist must then be filled out. Specifically, the RE must indicate whether the activity does or does not affect the resources under consideration. Consult the guidance provided in the table below or the web sites. If the project is found to require consultation with an outside agency and affects the resource in question, indicate Status as A on the worksheet and document what sources of information were used (information sources are provided in the guidance). If the act'ndty triggers no formal compliance consultation procedures with the oversight agency, indicate the Status as B. Any compliance documentation should also be attached to the Checklist and included in the ERR. COMPLIANCE FACTORS: Statutes, Executive Orders, and Status Compliance Documentation Regulations listed at 24 CFR §58.5 A/B Historic Preservation (36 CFR Part 800] GUldance: http://www.hUO.gOV/OrrICeS/cpa/envrronrnenureviewn uaw, w.t,,n, Floodplain Management [Executive Order 11988; 24 CFR Part 55] 3uidance: http://www.hud.gov/offices/cpd/environment/review/floodplain.cfm Wetland Protection [Executive Order 11990; 3 CFR, §§ 2, 5] 3uidance: http://www.hud.gov/offices/cpd/environment/review/floodplain.cfm Coastal Zone Management Act [16 U.S.C. 1451, §§ 307(c), (d)] 3uidance: http://www.hud.gov/offices/cpd/environment/review/coastal.cfm Statutes, Executive Orders, and Status Compliance Documentation Regulations listed at 24 CFR §58.5 A!B Sole Source Aquifers [40 CFR Part 149] Guidance: http:/Iwww.hutl.gov/offices/cpa/envlronmenvrewew/aqurrrers.crm Endangered Species Act [50 CFR Part 402] 3uidance: http://www.hud.gov/offices/cpd/environment/review/endangeredspecies.cfm Wild and Scenic Rivers Act [16 U.S.C. 1271, §§ 7(b), (c)] 3uidance: http://www.hud.gov/offices/cpd/environment/review/rivers.cfm Page 30 of 36 City of Delray Beach Clean Air Act [40 CFR Parts 6, 51, 93] 3uidance: http://www.hud.gov/offices/cpd/environment/review/cleanair.cfm Farmland Protection Policy Act p CFR Part 658] 3uidance: http://www.hud.gov/offices/cpd/environment/review/farmlands.cfm Environmental Justice [Executive Order 12898] 3uidance: http://www.hud.gov/offices/cpd/environment/review/justice.cfm Noise Abatement and Control [24 CFR Part 51, Subpart B] guidance: http:Nwww.hud.gov/offices/cpd/environment/review/noise.cfm Statutes, Executive Orders, and Status Compliance Documentation Regulations listed at 24 CFR §58.5 A16 Explosive and Flammable Operations [24 CFR Part 51, Subpart C] Guidance: http://www.hua.gov/omcesicpaienvironmenvrewewiexpwsrve.cu.. Toxic Chemicals and Radioactive Materials [24CFR Part 58, § 5(i)(2)] guidance: http://www.hud.gov/offices/cpd/environment/review/hazardous.cfm Airport Clear Zones and Accident Potential Zones [24 CFR Part 51, Subpart D] 3uidance: http://www.hud.gov/offices/cpd/environment/review/airport.cfm [ ] This project converts to Exempt, per § 58.34(a)(12), because it does not require any mitigation for compliance with any listed statutes or authorities, nor requires any formal permit or license (Status "A" has been determined in the status column for all authorities). [ ] Funds may be drawn down for this (now) EXEMPT project; OR This project cannot convert to Exempt because one or more statutes/authorities require consultation or mitigation. Complete consultation/mitigation requirements, publish NOI/RROF and obtain Authority to Use Grant Funds (HUD 7015.16) per §§ 58.70 and 58.71 before drawing down funds; OR [ ] The unusual circumstances of this project may result in a significant environmental impact. This project requires preparation of an Environmental Assessment (EA). Prepare the EA according to 24 CFR Part 58 Subpart E. Subrecipient Name: Prepared by: Name Signature Date S:1Caplmpn/~2005DisasterRecoveryl nitiative_SupplApprop~RehabPrograms~Del2yBeach~AgmtMuni.wpd Page 31 of 36 City of Delray Beach PALM BEACH COUNTY DETERMINATION OF CATEGORICAL EXCLUSION SUBJECT TO 24 CFR PART 58.5 24 CFR PART 58.35(a) PROGRAM: 2005 DRl Program APPLICANT/SITE LOCATION (INCLUDING MAP): FISCAL YEAR: FY07-08 PCN: I HEREBY CERTIFY THAT THE FOLLOWING ACTIVITY(S) HAVE BEEN REVIEWED AND DETERMINED CATEGORICAL EXCLUDED ACTIVITY PER 24 CFR 58.35 (a) AS FOLLOWS: _ (1) Acquisition, repair, improvement, reconstruction, or rehabilitation of public facilities and improvement (other than buildings) when the facilities and improvements are in place and will be retained in the same use without change in size or capacity of more than 20% (e.g. replacement of water or sewer lines, reconstruction of curbs and sidewalks, paving of streets). _ (2) Special projects directed to the removal of material and architectural barriers that restrict the mobility of and accessibility to elderly and handicapped persons. (3) Rehabilitation of buildings and improvements when the following conditions are met: (i) In the case of a building for residential use (with one to four units), the density is not increased beyond four units, the land use is not changed, and the footprint of the building is not increased in a floodplain or in a wetland; (ii) In the case of multi-family residential buildings: (A) Unit density is not changed more than 20%; (B) The project does not involve changes in land use from residential to non- residential; and (C) Estimated cost of rehabilitation is less than 75% of the total estimated cost of replacement after rehabilitation. (iii) In the case of non-residential structures, including commercial industrial, and public buildings: (A) Facilities and improvements are in place and will not be changed in size or capacity by more than 20%; and (B) The activity does not involve a change in land use, such as from non-residential to residential, commercial to industrial, of from one industria! use to another. _ (4) (i) An individual action on up to four dwelling units where there is a maximum of four units on any one site. The units can be four one-unit buildings or one four-unit building or any combination in between; or (ii) An individual action on a project offive or more housing units developed on scattered sites when the sites are more than 2,000 feet apart and there are not more than four housing units on any one site. (iii) Paragraphs (a)(4)(i) and (ii) of this section do not apply to rehabilitation of a building for residential use (with one to four units) (see paragraph (a)(3)(i) of this section). _ (5) Acquisition (including leasing) or disposition of, or equity loans on an existing structure, or acquisition (including leasing) of vacant land provided that the structure or land acquired, financed, or disposed of will be retained for the same use. _ (6) Combination of the above. Subrecipient Name: Prepared by: Name Signature Date S:\Caplmprv12005DisasterRecoverylnitiative_SupplApproplRehabProgrem s\DelrayBeach~AgmtMunl.wpd Page 32 of 36 City of Delray Beach EXHIBIT D PALM BEACH COUNTY HOUSING 8r COMMUNITY DEVELOPMENT MONTHLY NARRATIVE REPORT Report For: Month: Year: Subrecipient Name: City of Delray Beach Project Name: DRI3 -Housing Rehabilitation Report Prepared By: Name Signature Date BUDGETING AND EXPENDITURES Amounts Expended this Reporting Period: CDBG Funds:$ Other Funds:$ ry~IVM~1~J V/~ llllllllllllllllllllllllllllllllllllllllllllll BUDGETED EXPENDED PERCENTAGE CDBG Funds: $ $ Other Funds: $ $ % Other Funds: $ $ % TOTAL: $ $ % Describe any changes in budgeted amounts during this reporting period and the source of funds: Describe your efforts to obtain any additional funds for the project during this reporting period (if your project is underfunded): PROJECT ACTIVITIES Describe your accomplishments during the reporting period: Describe any problems encountered during this reporting period: Other comments: Send report to: Amin Houry Department fo Housing and Community Development 100 Australian Avenue, Suite 500, West Palm Beach, FL 33406 S:\Caplmprv\2005DisasterRecoveryl nitiative_SupplAppropU2ehabPrograms\DelrayBeach\AgmtMunl.wpd Page 33 of 36 m A a O 0 O a m m o Q ~ W Z Q ~ 0 ~ Q O W ~ Q N r c 0 m =' o o ~ N ~ M aI ~ C ~ lU O 2 ~ t U ~ ~ O ~ N C] T ~ O U s V m m m m 0 O ai ~ ~ ~ R d z a U .~.~ ~ ° N d d v~e~ a -- ~ RR 0 CZ x Z U _ _ g ~ q ~ 0 ~~m~ v ~ ~ oOO ~ a t d i d mjZ ~W ' d p, j Qiu~~~ " ~ ° 0 q m E g o co ~y ? m ~ - a 'SBdFicj- °' FF d d ~U EUZU£j ~ Il ~ n n 11 ~m ~~ ZUd ~UuIUZ~ d ~ a Wg rnm `o `" 3 r Mo mS` a ~ ~ A~ ~ Vi ~ ~ `d R m L ` a 0 3 ~ _ 3 n~ r o C ~ p ~ O L_ ~ ~ ... c~ y ag U~ w ~ M S c ~ ~ O I ~ ~ m d ~ ~' ~~ E E ~ ~ `~~@~ m d O Q O wa<~~3 m3mzx; .. u u i u .-Nne ~' a oL -ti} ,yoga V E ~ ~ N - m O a m w m 8 a° ~ ~w _ m ~° ~' ~ m ~ vm V~ U Cd m~ A AND ~ m~ d or Q m 9 a5 1 ~ -_ 2$ 6 v ~ N N U o ~ rn p ~ o. 3 L° 3 '' ° W 8 ~ y Cy77 ° c=Y E D ~wdz' ~ z ~ c mS'k ~}i _ ~ •'~- ~ ~ o V pn d ~q t U W ~Z U~ ~ ~i Ni n ~v ~~. v o ~ a 4~' s Z a n w m O1 ... o s- m~$ °'O e ~ n d os ~ ~; 'O` ,_ Y `° d o ~ E ~ E a ~ ff ~ 'c ~£~ ~. pp ( 8 y N C~ D A N ~ d G D U ~' Y ~^ U ~ a S3fr.~~Eo ~mZ'00~~ a Cm L WCW ~ C r' U N `d' D q cEmE °w d C TL ~a ~$ ud. °c m m u ^ .. y~ N~ •- U a n o u n E yt. d p ~ W a„ m~~~ '=mar ~= ~~~~mag ci o U ai 0 U di 0 U ai 0 U ei 0 U o y n o s ~~LO G c`g~~ ~ E m~ ° ~~' ~ u ~ Q N ~ .. ~ N~ .~ f~~4 d N ~ •• ~ ~~ ~• N d N ~ •• aS m N w N d N N ~ ~ ~ N ~. c0 a. N U d y m~~ (6 b' c g a i a ~- mA~o O 3 0 o c w a ZcnUcn zcnUCn ZiAUip ZinUin Zi4Ucn ~.=8 Page 34 of 36 Ctty of Delray Beach EXHIBIT G PALM BEACH COUNTY HOUSING & COMMUNITY DEVELOPMENT BENEFICIARY DATA REPORT Project Name: City of Delray Beach - DRI Housing Rehabilitation Prepared By: Report Date: llllllllllllllllllllllllllllllllllllllllllllllll Number Total Beneficiaries: Proposed Total Beneficiaries: Actual LMI Beneficiaries: Proposed (60 % of AMI or less) LMl Beneficiaries: Actual (80% of AMI or less) VLI Beneficiaries: Proposed (50% of AMI or less) VLl Beneficiaries: Actual (50 % of AMI or less) Male Female Disabled Female Head of Household Elderly Hispanic Ethnicity No. of Units No. of Units ////////////!///////////////////I/////////////// Owner Renter Occupied Occupied White N/A African American N/A Asian N/A American Indian or N/A Alaskan Native Native Hawaiian N/A Pacific Islander American Indian or N/A Alaskan Native and White Asian and White N/A African American and White N/A American Indian/Alaskan N/A Native and African American Other Multi-racial N/A Total: N/A (same as Total Beneficiaries: Actual shown above) S:1Capl m pr~2005DisasterRecoverylniGative_SupplApprop\RehabPrograms\De12yBeachMgmtMuni.wpd Page 36 of 36 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: July 14, 2010 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF JULY 2Q~._2010 NEIGHBORHOOD STABILIZAT_ _ION PROGRAM (NSPI HOUSING REHABILITATION GRANT AWARD Approval is requested for five (5) NSP Housing Rehabilitation grant(s) to be awarded to the selected general contractors for acquired NSP properties in the amount of $252,734.98. BACKGROUND On February 21, 2010, the City publicized a Request for Qualification (RFQ 08-2010NS) to obtain qualified firms and/or individuals to execute miscellaneous services, including: Real Estate Professionals, Financial Institutions for Mortgage Lending, Appraisal Services, Title Agencies, and General Contractor Service Providers for NSP properties. On April 20, 2010, contractors for Home Inspection Professional Services were solicited under RFP 08-2010NS, contingent on the same being approved by the Florida Department of Community Affairs, and were approved by Commission on April 20, 2010. Grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehab cost also includes lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees. Additional cost may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the NSP Housing Rehabilitation program. Inspection of work is done by Home Inspection Professional (approved through RFP 11-2010NS at the June 15th Commission meeting), the Department of Community Improvement's Building Inspection and Neighborhood Services Division. Contracts are executed between the building contractor and the property owner. A contractual agreement is signed by home inspection professional and the contractor. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance with specifications and program guidelines. Pay request forms require both contractor and City representative's signatures. All City-approved Policies and Procedures have been adhered to. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations prior to resale. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded on a rotating basis to the approved contractors, as a result of a formal bid process. The following two bids were awarded to the lowest bidder for NSP housing rehabilitation: Property Contractor Rehab Cost 614 SW 6th Avenue SW Marlow General Contractors, Inc. $39,490.50 1212-1214 SW 6th Avenue SW Marlow General Contractors, Inc. $65,766.75 The next three (3) bids are being awarded as follows: the first (2619 Avenue Montressor) is in compliance to the rehab program policy to justify bids that exceed or are below 10°Io of the in-house estimate. For the second project below (616 SW 9th Street), the low bidder was already awarded the two bids shown above and the award is recommended to the second low bidder. In the third case (3740 Lancewood Avenue), the lowest bidder omitted the cost of mold remediation from his price thus, asked permission to withdraw his bid. Property Contractor Rehab Cost 3619 Avenue Montressor All Phase Roofing and Const. Inc. $40,367.25 616 SW 9th Street Florida Community Dev. Asso. $23,676.98 3740 Lancewood Avenue All Phase Roofing and Const. Inc. $83,443.50 FUNDING SOURCE Neighborhood Stabilization Program l 18-1935-554-62.12 RECOMMENDATION Staff is recommending the approval for five (5) Housing Rehabilitation grant(s) to be awarded to selected general contractors per RFQ 08-2010NS in the amount of $252,734.98. Attachments: Bid Information Sheets CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET CASE #: 09-273 NSP PROPERTY OWNER Citv of Delrav Beach PROPERTY ADDRESS: 614 SW 6th Ave ADVERTISEMENT DATE: May 25, 2010 BID OPENING DATE: May 28, 2010 GENERAL CONTRACTORS All Phase Roofing & Construction Florida Community Development Services SW Marlow General Contractors In-House Estimate: 35,896.65 Recommended Contractor: SW Marlow General Contractors BID/CONTRACT AMOUNT : $ 37,610.00 Contingency $ 1,880.50 AWARD AMOUNT $ 39,490.50 FUNDING SOURCE: Neighborhood Stabilization Program Account# 118-1935-554-62.12 COMMENTS: Revised 41810 ~ ~'.' BID AMOUNT BID BOND w a a w O ~a ~ ~ ~ ~_ ~f° ~ m ~a m ~ ~ `-° ~a m ~ ~ ~ m m ~ o ~ m .` p N~ N N N ~p ~ N N N N ~~ ~~ y N N~~ N fA ~~~ N~ U a a Q m ~= c c c~~ c c c c~~~ c c c~~ c c~~ w c~ N c'7 <t lf) GO f~ W ~ O .-- N c"J <}' ifJ (O f~ a0 61 O N c`") 'R 1f> (O .- N N N N N N N CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET CASE #: 09-276 NSP PROPERTY OWNER City of Delray Beach PROPERTY ADDRESS: 121211214 SW 2nd Street ADVERTISEMENT DATE: May 25, 2010 BID OPENING DATE: May 28, 2010 GENERAL CONTRACTORS All Phase Roofing & Construction, Inc. Florida Community Development Services SW Marlow General Contractors In-House Estimate: RECOMMENDED CONTRACTOR: SW Marlow Gener BID/CONTRACT AMOUNT 5% Contingen~ AWARD AMOUNT FUNDING SOURCE: Account # Neighborhood Stabilization Program 118-1935-554-62.12 COMMENTS: BID AMOUNT BID BOND W C C p ~ .N ~ C •~ 3 ~ o m E ~ cv L y N ~ N d 7 A p ~ O ._ N L N `p W ~ a ~ ti ~ m LL d Z C N I c0 C a a L A m (n ~ N o o N (p C1 N N N C N p N N N ~ O V . - ~ ~ W fn Q w o W ~ F ~ ~ p W [D ~ Q W z ~ ~ ~ ~ O O > Q ~ ~ CI U d 6. Q «~ 0 O 0 O to 0 O 0 r 0 O 0 0 O ch 0 O 0 0 r r 0 C~ 0 ~ ~T fh 0 O 0 0 CO ~ 0 O 0 LfJ ap 0 O 0 O N O 0 O 0 cD r ~ 0 O X r ~- N 0 O 0 0 ~ N 0 O 0 t!J N 0 O 0 O tfJ V 0 O 0 ~ cp 0 O 0 c0 ~ 0 O 0 ~IJ V 0 O 0 O r 0 O 0 O cO In 0 O 0 ~ V) 0 O 0 O ~ r 0 O 0 O ~t"~ OD 0 G VJ r N 0 O 0 O N 0 0 0 O th 0 0 r N 0 0 0 0 W 0 0 0 0 Q~ 0 0 0 0 O r 0 0 0 0 W 0 0 0 0 N O O ~.t'~ c") c0 N co EA fA b9 tf3 M ~A EA 69 to to to b4 fA 69 tR 69 b9 ER b9 b9 69 EA to fA 69 to 69 fA kA 69 69 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 in 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 v 0 o 0 0 0 0 0 0 o o <n .- rn o o o N o r in 07 o w rn o u> rn o o u'> o o V co v ~ N rn rn v m o ~n rn o ~o N o o o N u'i m ~ C7 ni ch ~n o v m o v r o u~ r N co ~n v_ m r ~ o y cn N ~ri ch rn ca v v N ~ Sri co rn ~-i m ~_ M rn ~_ O ~ r ~ m N o ~n rn cD m N r (D 69 to f9 M fA t9 b9 69 69 M W b9 ff~ 69 69 69 f9 fA M b9 69 b9 to b9 b9 69 Vi 69 tl9 to fA 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O O O O O M ~A t'7 O O ~ O r ~[] O W ~ u'J r ~ O O LI') O O O N Y7 O 0 ~ O ~ ~ O (O N O O O_ N aD ~ O M U') 0 ~1J N 0 V r 0 S r 0 O C7 0 OD r 0 ~ M ~ C) ~ W Y ~ N (O ~ (p p) W CD ~_ O O N O ~D r O O (p ~ r p1 ~ ~ p~ N ~ V N (") (n N N ~ fn ~r, «» «» ~s, .fl «~, ~s, «~ «y v, «r, .H r~, ~v v~ ua «~ rs, ~s, ~s, u, ~, «n .s~ v~, v, ~, v, es, .r, O O O O O O O O N N O O u7 r 0 0 0 0 p> 0 O 0 O 0 O 0 u7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O~ 0 O 0 O N m O lA O U1 O V ~ O ~tl r (D ~ O (D r c0 00 R O O N r ~ aD 00 OD ~ N O) V O V 'V O r in W t7 ~ r O r ~ r th 0 O r 0 O (D 0 In N ~ 0 M V 0 O r N N c7 0 W V 0 ~ M 0 O r 0 N r 0 N c7 (h O aD O t0 K O O N ~ O r ('7 ap N O t7 N c+~ ~- V ~ ~ N N ~ t0 ~ ~ {A 69 fA c9 to a9 fH b9 a9 f9 fA to to W tR a9 vi to to M tH fA fA b9 to M fA di b9 b9 M O U 7 ~ F (6 ~ y O ~ in O C ~ O O N N N ~ l0 ' ° V S ~ - ~ ~ "O ~ p ~ ~ U N E ° S d ~ ~ E U 'o ~~ ~ `~ V $ ~ c U - ~ U ~ E ~ y U ca O Y U C N E m O ' U O` _ - 7 y 7 0 N ~ N ~ O ._ (n ~ Z w E = y m U U U ~ ~ c ~ ~ ~ N - m m Vl ~ ~ - m N ~a N m N ~ ~l ~o N m N o ~ m m N C W O = N C C ~ a a C C C C C C ~ a N ~ ~ ~ N c-i v ~n o r m rn o ~ N m v u~ CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID #: 09-274 NSP Owner: City of Delray Beach PROJECT ADDRESS: 3619 Avenue Montresor DATE OF BID LETTERS: May 25, 2010 DATE OF BID OPENING: May 28, 2010 GENERAL CONTRACTORS All Phase Contracting, Inc. Florida Community Development Services SW Marlow General Contractor Sun Band Builders Construction, Inc. In-House Estimate: 39,806.96 CONTRACTOR AWARDED CONTRACT: All Phase Roofing 8 Construction BID/CONTRACT AMOUNT : $ 38,445.00 5% Contingency 1,922.25 $ 40,367.25 FUNDING SOURCE: Neighborhood Stabilization Program Account # 118-1935-554-62.12 COMMENTS: Revised 418109 FFM BID AMOUNT BID BOND c . ~' c` ~ L y .~ 3 a ~ ` ~ Z` ~ ayi E c ~ C ~ ~" ~ E ' 3 Z ~ y ti d N :: °o m ~ J L N O W N a ~ p ~ m ' U y Z LL d c ' N (O t L ` d O Vl Q ~- L A d C ~ m m o ~ 0 J ; o N N ,~,I = ~ N ~ O~ N N C O U ~~i ~ `~ W Q 0 z w w N H d N W E ~ w o z Z c m ~ Q m w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o ~n N ~ri m o m cD o ~n r o ~n O~ V o o W M o ~n N o ~n r ~ci r ~ o u~ 01 o u~ ~ o o cD ~ vi N ~ o O f7 C o O cO ~ o ~n ~ o u~ ~ o u~ r 0 u> N 0 v> N o u~ ~ o o a0 N o ~n ~ o o N o .n c7 ui r N o o V' 0 v t0 m c» Fn ~ ~n ~ Fn r» c» ~ F» ~ en v> cn w of cn an uv en E» en en v~ ~ vs vi w 0 v 0 in 0 cv 0 o 0 o 0 o 0 o 0 u~ 0 u~ 0 o 0 o 0 o 0 o 0 o 0 ~n 0 o 0 cq 0 ~n 0 o 0 o 0 o 0 o 0 o 0 0 0 0 0 0 0 o 0 r cD r ~ V N 0 O 0 O 0 O ~ ~ ~ Q 0 Q 0 N O ~ ~ © O ~ r ~ ~ O f0 N m ~!l N Q~ th r ~ O Q~ c0 ~`"~ c'7 ~ ~"~ r1 N ~ N m ~ ~ m N ~ m O ~- V ~ ~ (D <D <"> O~ (V O r Q~ a0 m O N N ~n O tD r N <f cD c~ a0 N m o0 V ) N ~ N ~`"~ O t7 Vi ~A tf3 t~ tl3 tfi t~ t!i ~fi Hi u9 FiJ t!3 M Hi f)3 to V3 Vi V3 H3 kH to M 69 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ' 0 0 0 0 0 0 0 0 i iri O ui th o O N N 0 O ~!) 0 O O CO o ~(> r N u~i ~ V ~i tD V ~ cp V o O OD N o ("~ ui ~ V ui ~ t Sri .- OJ N o <D c7 ~- ~n m ui (~ '- N o Q> m u~i M tfJ Sri c") Ifl i.ri l~J o O C'J <"~ ui ch u i ~ d' in " Gp Sri M 07 o O r Sr V V ~ ("J f.9 fA V3 59 to to eR fR tH fA fA to f9 M eA M di W eA fA fA to ER to Vf M tA tH cv 0 o 0 0 0 0 0 0 0 0 0 o ~1'J r 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o (O rn Q> u7 O ~ O W (D ~ N r ~ N 1l9 c0 m r O M O u7 N N to ~_ ~fJ ~ ~-- N tO r c'7 O 0 u7 O 0 N r O 0 ~ O cD O c7 O y m ~ N r M O u] N N ~ ~- ~ ~"J N N u'> N N O N ~- O O m N ~ V m O C m O ~ ~"~ N N c7 O o0 V cp O ~ O f7 w c9 ~ e» r» fn ~ Frs m en Fn ~ ~» rfs v~ F» us v~ us t» csa va ~ u> ca `ss .n ~ N N O C N d U y C ~ O U N N U 7 7 ~ c o ~ N E o `° m o N E Y c y V) 4? ~ N j N LL ~ ~ ~ `_ L LL r gy (0 It m ` ~ ~ d ~ ~ ~ m o U o ~ ~ o ~ ~ O `o o V = to c 3 m x ~ ~ m 3 ~ m _ _ ;~ o ~ o ~ ~ a in a ~ t ~ N .4 °~ E 3 o ~ o m u ~ ~ c j m ~ N °o ~ ~ ~ •~ °i o '- m o ~_ .E m 3 L ~ i o cj -° °' o ~ ~ o W L w o ~ O r ~ N Z C w C O d (n O W U C C ~ Y ~ ~ t ~ ~ U W C U v !~ d j m .` ~o _ ya 2 ~ ~_ m _~_ ca v m o ~ ~ ~ - m - - c ~- m - y - o - :°. ~ 3 ~ 3 ~` ~0 ~ m - ~ "c~ m Y E N R~ 0 x 7 x N c N c (0 a N ~ N ~ N ~ 7 [n ._ ~] N C N C (U W N ~ N C t/i C Vl C N Z N Z N ~ N Q' N C N C N ~ N K (n ~ N t7 V ~ O r ap O) O W N f7 ~ ~ O r aD m ~ O N N N N m N ~ N ~ N (D N r N CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET CASE #: 09-275 NSP PROPERTY OWNER: City of Delray Beach PROPERTY ADDRESS: 616 SW 9th Street ADVERTISEMENT DATE: May 25 2010 BID OPENING DATE: May 28, 2010 GENERAL CONTRACTORS All Phase Contracting, Inc. Florida Community Development Services LLC SW Marlow General Contractor In-House Estimate: RECOMMENDED CONTRACTOR: CONTRACT AMOUNT 5% Contingency AWARD AMOUNT FUNDING SOURCE: Account # COMMENTS: Neighborhood Stabilization Program 118-1935-554-62.12 $ 22,549.50 $ 1,127.48 $ 23,676.98 BID AMOUNT BID BOND Florida Community Development Services, LLC Revised 418/Oti F F M 16,068.00 ~ Z m ~' W ~ J ~ ~ ~ ~ - = ~ ~ d m ~ C m m O ~ x W LL - cn 3 ~ ~ 'o ~ n ~ o ~ m r °' a~ C ti W ~ ~ 'o fn m 2' F- m ~ .~ ~ _~ .~ ~ ~ ~ m m m U m U m L 3 3 m m ~ n W ~ m W ~ in m ~! m p E m in y ~ m (% 2 = C N Y N ~ ~ Q. N ~ N ~ N C C N ~' N K N K N K N Q' N Z N Z N ~' N d' r C C C C N ~ N C U Q C N ('7 V ~ (O 1~ m Q~ O ~ N M V ~ (O ~ DO O O N ~ N N t"J N V N ~ N (O N N OD N CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DMSION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET CASE !F: 09-272 NSP PROPERTY OWNER: City of Delray Beach PROJECT ADDRESS: 3740 Lancewood Place ADVERTISEMENT DATE: May 25, 2010 BID OPENING DATE: June 2, 2010 r_ ~=~=~~'~' GENERAL CONTRACTORS B@ AMDUt4T BID BOND All Phase Roofing & Construction, lnc. S.W. Marlow General Contractor Florida Community Development Services In-Mouse Estimate BIDICONTRACT AMOUNT 5% Contingency AWARD AMOUNT RECOMMENDED CONTRACTOR: $ 79,470.00 3,973.50 83,443.50 FUNDING SOURCE: Neighborhood Stabilization Program Account# 118-1935-554 62.12 " COMMENTS: Awarded to lowest responsive bidder Revised 4rdl09 FFM $ 77,976.85 0 0 ~ U U ~ N .d. ~ E o ;~ W L 9 m Qq V la m m ° a ~ ff) ~ O o Z ~ r N N O J N N ~ ~ a C o U o~`i ~ ~ Gi ~ w o w w a ~ ~ ~ ¢ w z ~ ~ Z ~ 4 ., a ° a ° o o b v ~ a ~ a ¢ ~ m ~ ~~. o 0 0 0 0 0 0 0 0 0 o 0 c? 0 o 0 0 0 c~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 °o 0 0 ~ ~ t'~ o O o O .- o n h- ~ m o ~ o r O 0 O N O 0 6 O 0 o iD o ~ ~ N ~ ui ~ co O ~ o t0 vi ONl m o R o m o ^ -- +' ~ O tD m CV ~ ~ 0 m n M C! C + . - .- N .- +- N +O +-- r N a ~ OO r O .] j ~ V 1 ~. ~ ~ J> M ~!~ t!. U> V + t!r t7 C C ~_ _ f L `t n ic C h I n ~ 4 ~ <J ~i e ~ ~ j _:~ a~ p~ + ,L + ~.~ « rn <~ ~n rf. 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W ~ ~ K ~ N ch v u~ o r~ o ~ v v> ~ m a, o ~ N ~ N v N N cn N N m N rn N MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 15, 2010 SUBJECT: AGENDA ITEM_9.D.REGULAR COMMISSION MEETING OF_,LULY 20, 2010 POLICE DEPARTMENT WORKLOAD, STAFFING~AND DEPLOYMENT STUDY ITEM BEFORE COMMISSION The item before the Commission is consideration of a proposal from ICMA Consulting Services for a workload, staffing and deployment study for the Police Department. BACKGROUND The Police Department's budget request for FY 2011 is some $28.8 million, or about 29% of the total City budget. Given the fiscal challenges we are facing, ensuring that we are properly staffing our Police Department and utilizing our Police resources effectively and efficiently is extremely important. From what Chief Strianese has been able to determine, we have never had an outside agency conduct a workload, staffing and deployment study for our Police Department. For these reasons I requested the attached proposal from International City Management Association (ICMA) consulting services for a comprehensive workload, staffing, and deployment study for our Police Department. The project would be managed by Mr. Leonard Matarese, a specialist in public administration with expertise in public safety issues. He has 40 years of experience as a law enforcement officer, police chief, public safety director, city manager, and major city Human Resources Commissioner. He would be assisted by a number of other highly qualified individuals as described on pages 6-11 of the proposal. The proposed study would: a) Document current patrol performance and workload levels b) Establish an existing benchmark and long range performance goals and objectives for the Police Department c) Identify opportunities to improve on performance with existing resources d) Estimate the manpower requirements and associated costs that would be needed to achieve management specified performance objectives e) Provide guidance on routine standard reports that should be used to track performance In addition, Mr. Matarese has verbally committed to studying the Fire Department's administrative staff needs and making recommendations in that regard. The Fire Department is requesting additional administrative staff, and I would like to have an outside opinion on whether we are making the best use of the staff we have and whether additional staff is needed. The proposed fee for the project is $37,000 with a $2,000 estimated travel budget. FUNDING SOURCE We currently have a sufficient projected surplus in the current budget to cover the cost of this work. RE~~MENDATIO Recommend approval of the proposal from ICMA Consulting Services for a workload, staffing and deployment study for the Police Department. Proposal for Comprehensive Analysis of Workload, Staffing and Deployment of Police Services for Delray Beach, Florida I C M A C O N S U L T I N G S E R V I C E S PUBLIC SAf ETY SERVICES Submitted by: Public Safety Services ICMA Consulting Services International City/County Management Association 777 North Capitol Street, NE -Suite 500 Washington, DC 20002 Helping Local Governments Achieve Measurable Results icnnn Leaders at the Core of Better Communities June 28, 2010 Mr. David Harden City Manager 100 NW 1st Avenue Delray Beach, FL 33444-2612 Dear Mr. Harden The Public Safety Services team of ICMA Consulting Services is pleased to submit this proposal for a comprehensive analysis of workload, staffing & Deployment for the City of Delray Beach Police Department. This proposal is specifically designed to provide the municipality with a thorough and unbiased solution to the questions regarding the delivery of police services. Because this issue will have a significant impact on the community and because you must have complete confidence in the outcome of our report, we have assembled a premier team of subject matter experts with nationally recognized expertise in a wide range of public safety services. Each of our project consultants have decades of experience in the local government, specifically addressing the issues facing the community. As you know, ICMA has provided direct services to local governments nationwide for nearly one hundred years, which have helped to improve the quality of life for millions of residents in the United States and abroad. From an enterprise-wide perspective, we guarantee an honest-broker solution for your jurisdiction's challenge. I, along with my colleagues at ICMA, greatly appreciate this opportunity and would be pleased to address any comments you may have. You may contact me at 716.969.1360 or via email at Imatarese@icma.org. Sincerely, Leonard A. Matarese Director, Public Safety Programs ICMA Consulting Services Proposal -Delray Beach, FL -ICMA Consulting Services Page 2of21 International City/County Management Association (ICMA) The International City/County Management Association (ICMA) is the premier local government leadership and management organization. Since 1914, ICMA's mission has been to create excellence in local governance by developing and fostering professional local government management worldwide. Toward this end, ICMA provides an information clearinghouse, technical assistance, and training and professional development to more than 9,100 chief appointed administrators, assistant administrators, and other individuals throughout the world. The organization's resources and services reach thousands of local, state, and federal government personnel, academics, private sector professionals, citizens, and other individuals with an interest in effective management at the local government level. ICMA's members represent the administrative center of professional municipal, county, and regional services that affect millions of urban and rural citizens on a daily basis and are responsible for the leadership that ensures strategic economic growth and management of public services and infrastructure planning, investment, and development. Every day, local government managers determine policy, programming, funding, and strategic decisions that impact the ability of local resources to deal with situations of all types, including the management and operations of public safety and legal departments. Local government managers serve as the "hub of the wheel," coordinating efforts and implementing strategies for maximum effectiveness and efficiency. ICMA Consulting Services The ICMA Consulting Services team helps communities solve critical problems by providing management consulting support to local governments. One of ICMA Consulting Services' areas of expertise is public safety services, which includes the following: organizational development, leadership and ethics, training, assessments of calls for service workload, staffing requirements analysis, designing standards and hiring guidelines for police and fire chief recruitment, police/fire consolidation, community oriented policing, and city/county/regional mergers. The ICMA Public Safety Services team is led by Leonard Matarese, director of public safety services, ICMA Consulting Services. Leonard, along with a team of highly experienced practioners and consultants, support a number of public safety services projects for jurisdictions nationwide. Proposal -Delray Beach, FL -ICMA Consulting Services Page 3 gj21 ICMA assists local governments to address a wide variety of organizational challenges including the provision of public safety services. ICMA presents an enterprise-wide perspective when examining these areas. In this way, ICMA Consulting Services acts as an objective and trusted broker tapping into the knowledge of the association's membership base and combining expertise from other appropriate experts to offer innovative ideas, lessons learned, and leading practices to communities facing similar challenges. The program provides practical advice and resources that local government managers and staff need to improve services and service delivery in their communities. Police Agency Analysis Chief Richard (Rick) Richardella (Ret.) will head the ICMA team which will study police operations. Rick has worked with a number of cities facing challenges with staffing and deployment of public safety services. He has been involved with conducting audits for over 65 municipal police, fire, court, and emergency medical services for state government. The ICMA approach to analyzing police operations is two-fold. First, our team of Operations Research experts will conduct a comprehensive analysis of data extracted from the Computer Aided Dispatch System as well as other data bases, to develop a detailed analysis of calls for service workload (both citizen and officer initiated). We then develop a thorough review of actual deployment. This information is analyzed at numerous levels to determine seasonal and weekday variability. Then the two data sets (workload and deployment) are merged to provide a clear review of scheduling and deployment patterns contrasted with actual workload. Second, our team of experienced law enforcement subject matter experts will conduct an intensive on-site review of police operations to determine if current approaches meet "best practices" and if data are being properly utilized to driven decision making, particularly with regard to scheduling and staffing. Additionally analyze the agency's use of managements systems (such as CompStat) to affect a continuous improvement effort with the department. Data Analysis Dr. Kenneth Chelst has participated in a number of major projects involving emergency services. One of the most notable was work done in Israel's Emergency Medical Services. Dr. Chelst has authored a number of publications on the use of operations research for public safety management. The data team has worked on a wide range of projects for ICMA ranging from small cities to combination of police and fire resources. The ICMA approach to data analysis is unique in the use of raw data from Computer Aided Dispatch systems. By using the raw data, a wide range of analysis is possible with less chance of error. The data analysis will serve as the foundation for subsequent operational review and recommendations. Proposal -Delray Beach, FL -ICMA Consulting Services Page 4of21 Similar projects of this magnitude that ICMA has managed were completed from between 145 to 240 days. A key factor to the final delivery date is the quality of the Computer Assisted Dispatch (CAD) data received from dispatch. The quality of the data and ability to transfer its information to ICMA impacts the final completion date because ICMA bases its conclusions on the raw, collected data of the agency and not solely on the opinion of subject matter experts (SME's). Month Month II Month III Month I IV *NOTE: Travel is contingent upon the project schedule having been met for each milestone. The shaded month includs an optional travel date. The travel budget included in this project includes two trips. Any additional travel requested by the client will be billed to the client at cost and separate from the originally established travel schedule and budget. Proposal -Delray Beach, FL -ICMA Consulting Services Page 5 of21 For this project, the ICMA will assemble a premier team of experts from our pool of subject matter and operations research experts described below. The goal is to develop analysis and recommendations for the municipality that will enable it to provide a level of public safety services consistent with the actual needs of the community and within the financial means of the municipality. The team will consist of aprincipal-in-charge, project manager, senior operations manager, and several senior public safety consultants selected as needed from our team of experts, shown below, specifically to meet the needs of the locality. ICMA Project Personnel Program Manager, ICMA Consulting Services Director of Public Safety Programs Leonard Matarese, MPA, ICMA-CM, IPMA-CP, SPHR Background Mr. Matarese is a specialist in public sector administration with particular expertise in public safety issues. He has 40 years experience as a law enforcement officer, police chief, public safety director, city manager and major city Human Resources Commissioner. He was one of original advisory board members and trainer for the first NIJ/ICMA Community Oriented Policing Project which has subsequently trained thousands of municipal practitioners on the techniques of the community policing philosophy over the past 18 years. He has conducted numerous studies of emergency services agencies with particular attention to matching staffing issues with calls for service workload. Recognized as an innovator by his law enforcement colleagues he served as the Chairman of the SE Quadrant, Florida, and Blue Lighting Strike Force, a 71 agency consortium, U.S. Customs Service anti-terrorist and narcotics task force and as president of the Miami-Dade County Police Chief's Association. He represents ICMA on national projects involving the United States Department of Homeland Security, The Department of Justice, Office of Community Policing and the Department of Justice, Office Bureau of Justice Assistance. He also serves as a project reviewer for National Institute of Justice. He has a Master's degree in Public Administration and a Bachelor's degree in Political Science. He holds the ICMA Credentialed Manager designation, as well as Certified Professional designation from the International Public Management Association- Human Resources and the Senior Professional in Human Resources from the Society for Human Resources Management. He also has extensive experience in labor management issues, particularly in police and fire departments. Proposal -Delray Beach, FL -ICMA Consulting Services Page 6of21 Data Assessment Team Senior Public Safety Consultant Kenneth R. Chelst, Ph.D., Professor of Industrial and Manufacturing Engineering at Wayne State University Background Dr. Chelst is an expert in the application of advanced mathematical models for all emergency resources planning, especially police. He lead a demonstration project for the City of Detroit Police Department which cut response times by 40% using continuous improvement and data driven decision making. Over the past two decades he has studied several dozen emergency services operations using data driven techniques to determine the most efficient organizational structures to provide public safety services. He holds a Ph.D. degree in operations research from M.I.T. where his dissertation topic was Mathematical Models of Police Patrol Deployment. His research interests include operations research models applied to emergency services and structured decision making. Senior Public Safety Consultant David Martin, Ph.D., Senior Researcher in the Center for Urban Studies, Wayne State University Background Dr. Martin specializes in public policy analysis and program evaluation. He has worked with several police departments to develop crime mapping and statistical analysis tools. In these projects he has developed automated crime analysis tools and real-time, dashboard- style performance indicator systems for police executive and command staff. Dr. Martin teaches statistics at Wayne State University. He is also the program evaluator for four Department of Justice Weed and Seed sites. He is an expert in the use of mapping technology to analyze calls for service workload and deployments. ICMA Consulting Services Senior Team Members Dov Chelst, Ph.D. Senior Quantitative Analyst Background Dr. Chelst specializes in data and statistical analysis. He has taught the subject matter for nearly 10 years at the university level and has a Ph.D. in Mathematics from Rutgers University and a B.A. Summa Cum Laude in Mathematics and Physics from Yeshiva University. Dr. Chelst has managed the data collection and analysis of over 36 city and county public safety agencies within the past two years. He is an expert in extracting CAD data and developing using statistics from that information. Malhar Kale, BE., MS., MS., Quantitative Analyst, Background Mr. Kale is an expert in the use of GIS based software tools for public safety agencies. He holds a Master of Science in Statistics from Sam Houston State University, a Master of Science in Industrial Engineering from the University of Texas and a Bachelors of Mechanical Engineering from Sardar Patel University, India Proposal -Delray Beach, FL -ICMA Consulting Services Page 7 oJ~21 Operations Assessment Team -Police Unit Senior Manager, Public Safety Programs, ICMA Richard Richardella, Former Public Safety Auditor, Department of Community Affairs, State of New Jersey, Retired Chief of Police, Maplewood, NJ. Background Richard (Rick) Richardella is an expert in auditing municipal public safety agencies with over 38 years of public safety experience. He was the Public Safety Liaison for the Department of Community Affairs, Division of Local Government Services, and State of New Jersey and is the retired Chief of Police of Maplewood, New Jersey. Mr. Richardella's work has included serving as the Public Safety Management Improvement Specialist for the state's Distressed Cities Program where he focused on identifying financial and operational problems in the state's largest cities and rectifying these deficiencies with the implementation of good financial policies and procedures ranging from budget preparation, encumbrance systems, purchasing practices, revenue collection enhancement and budget management. Since 1998, Rick has been involved with conducting audits for approximately 65 municipal police, fire, court and emergency medical services for state government. He has also served as a municipal auditor for the state conducting public safety audits within departments ranging in size from 1 1 to 1,500 employees. These studies identified well over $70 million of staff productivity enhancements, waste, and mismanagement, and routinely produced savings of 10% or greater. ICMA Senior Public Safety Consultants -Police Operations James E. McCabe, Ph.D., M. Phil., M.A., B.A., Assistant Professor of Criminal Justice, Sacred Heart University Background Dr. McCabe retired as an Inspector with the New York City Police Department after 20 years of service. As Inspector his assignments included Commanding Officer of the NYPD Office of Labor Relations and Commanding Officer of the Training Bureau. As a Deputy Inspector he was the Commanding Officer of the Police Academy with direct supervision of over 750 staff officers and 2,000 recruits. As Executive Officer, Police Commissioner's Office. His field experience includes, Commanding Officer, 1 l Ofh Precinct, Executive Officer, 1 13rn Precinct, assignment to the Operations Division/Office of Emergency Management and uniform patrol as on officer and Sergeant in Manhattan. He has published extensively and presented to numerous conference including Academy of Criminal Justice Sciences: He holds a Ph.D. and M. Phil, in Criminal Justice, from CUNY Graduate Center, an M.A. in Criminal Justice, from John Jay College, an M.A. in Labor and Policy Studies, SUNY Empire State College, and B.A. in Psychology, CUNY Queens College, June, 1989. He is a graduate of the Executive Management Program, Harvard University's John F. Kennedy School of Government, and the FBI National Academy. Proposal -Delray Beach, FL -ICMA Consulting Services Page 8 of 21 Chief James Gabbard (Ret.), City Manager and Retired Police Chief of Vero Beach, Florida Background James M. Gabbard is the City Manager of Vero Beach, Florida, appointed in 2005. Prior to his appointment as City Manager he completed 37 years of law enforcement service in a series of increasingly responsible positions. Mr. Gabbard formerly served as the Police Chief of the Vero Beach Police Department. During his tenure as chief he served as interim city manager on several occasions. Prior to his service with Vero Beach he was a member of the West Palm Beach Police Department, serving in all divisions of the Department and in many assignments including Detective Lieutenant of Homicide. Upon his promotion to Captain he was placed in command of organized crime and organized drug crime investigations. He retired from West Palm Beach in 1986 to accept the chief's position in Vero Beach. Mr. Gabbard has received numerous professional recognitions and was elected President of the Florida Police Chiefs Association, one of the largest organizations of senior police managers in the United States. He was cited for bravery by Governor Jeb Bush before a joint session of the Florida Legislature for his actions during several hurricanes which stuck Vero Beach. Paul E. O'Connell, Ph.D., J.D. ,Chair of Criminal Justice Department, Iona College, New Rochelle, New York Background Dr. O'Connell is a leading expert on the application of Compstat model Police Management principles to public administration organizations. He has been a full time member of the Criminal Justice faculty at Iona College in New Rochelle since 1994. He received his Ph.D. from CUNY where his doctoral thesis was the history and development of the Compstat model of Police Management. Dr. O'Connell began his professional career in criminal justice in 1981, serving the New York City Police Department first as a police officer, and then as a Police Academy instructor, in-service trainer and curriculum developer. After receiving an MPA in 1984 and J.D. in 1989, he worked as a trial attorney with the firm of Cummings & Lockwood in Stamford, CT. Presently, he is the chair of Iona College's Criminal Justice department, where he also conducts funded research, publishes scholarly papers and lectures widely on the topics of police performance measurement, integrity management and law enforcement training systems. Dr. O'Connell has provided consulting services to a variety of government agencies, including assessment of existing policing policies and practices and development of proactive management strategies. Over the years, he has collaborated with the Center for Technology in Government (Albany,NY), Giuliani Partners (New York, NY) and the Center for Society, Law and Justice (U. of New Orleans) Proposal -Delray Beach, FL - ICMA Consulting Services Page 9 q~~21 Chief William Berger, B.A., J.D., Chief of Police, Palm Bay, Florida. Former President of the International Association of Chiefs of Police (IACP). Background Bill Berger is a nationally recognized expert in police management with particular expertise in law enforcement technologies. He is currently Chief of the Palm Bay, Florida Police Department serving a population of over 100,000 over 100 square miles. There he is implementing numerous new technologies in cooperation with public and private sector organizations including programs involving DNA collection, enhanced rapid police response to in progress crimes and use of UAV (unmanned aircraft vehicles); currently testing and working with FAA to fly for police surveillance unmanned aircraft; first in nation. Previously he served as Chief of Police of North Miami Beach, Florida for 15 years where he routinely gained national recognition for his implementation of new technologies, including speech recognition for in car police computers. Prior to his appointment as Chief of Police he served with the City of Miami Police Department, working as Executive Commander of the Training Unit and Police Academy and was also the youngest Chief of the Miami Police Department Homicide Bureau. ICMA Senior Public Safety Consultant -Citizen and Victim Relations Christine Cole, M.A., M.P.A. ,Executive Director, Program in Criminal Justice Policy and Management, Harvard University, John F. Kennedy School of Government Background Ms. Cole is Executive Director of the Program in Criminal Justice Policy and Management at Harvard University where she convenes and moderates public and private discussions among scholars and practioners on law enforcement issues. She has previously served as the Chief of Staff for the Executive Office of Public Safety for the Commonwealth of Massachusetts where she designed and led policy and operational reforms in a wide range of public safety issues. She was the Community Liaison and Policy Advisor to the Superintendent of Police of the Lowell Police department where she linked the community policing efforts of the 300 member agency and implemented a community policing effort that saw a 100% increase in community groups in six years. She also supervised the city's "weed and Seed" project as well as obtaining grants in excess of X10 million. Prior to this assignment she was the Victim Witness Advocate for the Middlesex District Attorney in Cambridge where she implemented the Victim's Rights Law in Massachusetts's largest district attorneys office. Proposal -Delray Beach, FL -ICMA Consulting Services Page 10 of 21 ICMA Senior Public Safety Consultant -Police Legal Affairs Major George Aylesworth, J.D. (Ret.), Retired Police Major and Chief of Legal Bureau, Miami-Dade Police Department, Miami, Florida Background George Aylesworth is a retired Miami-Dade Police Department (MDPD) Major who, for more than 25 years, was in charge of the Miami-Dade Police Legal Bureau. Mr. Aylesworth began his career with MDPD as a uniformed Police Officer in 1975, shortly after graduating from the University of Miami School of Law. He worked in that capacity until 1978, when he was assigned to the Police Legal Bureau. Promoted to command the Legal Bureau in 1980, he remained in that position until retiring. During his tenure with the Police Legal Bureau, Mr. Aylesworth had the opportunity to work on many challenging issues, such as those involving imposition of special prohibitions and use of mutual aid agreements during a state of emergency, police use of force, and internal discipline. Also, as a result of his affiliation with international, state and local law enforcement associations, he had the opportunity to work with and assist many police chiefs, sheriffs and other law enforcement agency heads. Additionally, Mr. Aylesworth worked extensively on the state legislative programs of these associations. Proposal -Delray Beach, FL -ICMA Con ICMA believes that the most effective way to manage operations, including public safety, is to make management decisions based upon the interpretation and analysis of data and information. In order to accurately project future workload, staffing and levels of service, establishment of baseline data in these categories is imperative. To achieve this, a data analysis of police department workload, staffing and deployment will be conducted. By objectively looking at the availability of deployed hours and comparing those to the hours necessary to conduct operations, staffing expansion and/or reductions can be determined and projected. Additionally the time necessary to conduct proactive police activities (such as directed patrol, community policing and selected traffic enforcement) will be reviewed to provide the municipality with a meaningful methodology to determine appropriate staffing levels. Further, we will review existing deployment, particularly of the patrol force, to determine appropriate staffing levels throughout the day with particular attention to the size and number of patrol zones or beats. We will also review the department's use of data analysis to address assignments and deployment to determine if best practices are being implemented to make full use of existing resources within the agency. And we will review all phases of the department's operations to determine opportunities for cost savings /avoidance. We understand that Delray Beach like so many other American municipalities is currently facing serious economic changes requiring the community to insure that all aspects of municipal government are operating at the highest levels of efficiency and effectiveness. This is particularly critical in public safety agencies since the often constitute the bulk of organizational expenses. At the same time these agencies require a special level of review and analysis given their importance in maintaining the community's safety. Proposal -Delray Beach, FL -ICMA Consulting Services Page 12 of 21 1. Project Launch The project team will be assembled and conduct a review of documents related to emergency services in the municipality. In addition to review of documents, a project launch strategy session will be conducted with the parties involved. Such an approach has been beneficial in establishing the relationships necessary to complete this type of comprehensive project. Expectations on the part of ICMA as well as the affected agencies will be clarified. 2. Data Analysis This portion of the study will look at the total deployed hours of the police department with a comparison to the time being spent to currently provide services. The analysis will review response times both cumulative as well as average for all services. In addition, a documentation request will be issued to the police department outlining information needed for a full operational review. The ICMA has assembled a team of experts that are uniquely qualified to extract raw data from Computer Aided Dispatch Systems and conduct comprehensive analysis. The Team will utilize operations research methods in conducting the analysis. This approach is unique in the consulting field and was developed specifically for ICMA. 3. Operations Analysis In order to evaluate the effectiveness, efficiency and performance of the police department the data analysis will be augmented by an on-scene review of operations. The data analysis will determine the existing workload and hours available while the on-scene operations analysis will look at developing recommendations for improving service delivery. ICMA will develop a comprehensive series of recommendations based on best practices and processes used throughout the United States. The recommendations will include opportunities to make the current deployment more productive and safe both for the officer as well as the public. Proposal -Delray Beach, FL -ICMA Consu/ting Services Page 13 of 21 The ICMA approach is two-fold: conducting a comprehensive analysis of data extracted from the Computer Aided Dispatch System to answer the questions related to deployment issues as well as an on-scene operational assessment by the ICMA team. As background, police departments utilize their patrol forces in two modes: reactively to respond to calls for service and proactively to address crime problems as well ongoing nuisance issues. (See Figure 1) Detectives provide another element of a primarily reactive force, seeking to solve crimes that have already been committed. Process Management Continuous Improveme~ Feedback Loop Data Driven Leverage Resources Flexible and Creative Resource ;Math Model ~ Allocation Citizen Expectation Citizen Complaints Citizen Satisfaction rose Time Reductio Targeted Crime Reduction Citizen Fear Community Deterioration Police Patrol: Reactive and Proactive Reactive -Citizen initiated calls • High priority calls -citizens expect extremely rapid response • Moderate Priority calls -Best practice departments manage citizens' expectation by letting them know a realistic response time and then meeting or surpassing their expectation. If there is an unexpected further delay, the citizen is contacted with up-to-date information • Low priority calls -Best practice departments find creative strategies such as a telephone crime reporting so as to free up the patrol force for either rapid response to a high priority call or to continue with crime-directed activities • On-Scene handling: The manner in which a police officer handles himself or herself on-scene plays a critical role in developing or discouraging citizen support for the department Rapid response to the highest priority calls can sometimes mean the difference between life and death but is unlikely to broadly influence the crime rate. Meeting or exceeding citizen expectations reduces the number of citizen complaints and increases community support for the police department. Community support is a critical element in developing a proactive crime directed patrol force. With accurate and timely data, a police department can reduce response time by adopting a philosophy of data driven continuous improvement. This usually entails first finding the multiple root causes of slow response and then changing operating policies that contribute to the problem. Police Proposal -Delray Beach, FL -ICMA Consulting Services Page 14 of 21 Background -Police departments can also reduce response time by making data driven strategic decisions that better match patrol force levels with patrol workloads. Proactive -Officer initiated in cooperation with citizenry • Police use detailed crime data to develop both short-term targeted activities and long lasting strategic initiatives • Departments can use specially assigned units in conjunction with the in-between call time of the patrol force • Performance measures and accountability of management is a critical element of this strategy • Activities need to be tracked to determine their effectiveness and to continually evolve to respond to changing crime patterns Proposed Study a) Document current patrol performance and workload levels b) Establish an existing benchmark and long range performance goals and objectives for the Police Department c) Identify opportunities to improve on performance with existing resources d) Estimate the manpower requirements and associated costs that would be needed to achieve management specified performance objectives e) Provide guidance on routine standard reports that should be used to track performance Current Performance We will analyze in-depth four weeks of summer data and four weeks of winter data and assess variations by time of day, day of week, season and district. The analysis will include all of the following: a) Patrol deployment levels b) Average response time to different call priorities c) Proportion of calls in each category for which response times are unacceptably long. For example, we will determine the proportion of high priority calls that experience response times of longer than 10 minutes d) Document time periods during the week in which response times seem excessive e) Average and median time spent on calls with different priorities f) Proportion of calls with unusually long time spent on-scene g) Proportion of calls requiring more than one patrol unit h) Resources allocated to proactive patrol i) Resources consumed on non-value added activities Opportunities for Improvement To examine whether or not patrol resources are efficiently deployed over 24-7 time period, we will graph deployment levels against workloads by time of day, day of week, and by patrol areas. We will analyze and graph officer response time by call priority level and shift to identify significant patterns/differences in officer response. These response time analyses will delineate and analyze between the components of officer response -- call queue time, travel time, and time on scene. Consequently, a series of trend charts, maps and data tables will describe officer response time in detail and will provide the variables needed for developing a plan based on Operations Research methods. We will observe and meet with dispatch operations to determine the extent of best practices employed to efficiently dispatch patrol units. We will discuss and document the extent that the patrol management is applying principles of performance based management and continuous improvement to efficiently utilize resources. We will then employ Operations Research models of patrol to determine how much response time Proposal -Delray Beach, FL - ICMA Consulting Services Page ISgf21 and proactive patrol might be improved with better alignment of resources and workloads. We will pay special attention to the CAD / RMS system currently being used and its ability to support the department's future needs based upon ICMA's recommendations at the conclusion of this study. Police -Operational Analysis Using the analyzed data from the department, a project team member will conduct a comprehensive review of the services of the department, comparing the delivery with other best practices. The focus of the analysis will also include the following areas: A. Administration -Communication within and without the organization as well as the structure of the department. B. Revenue Enhancements-Identify revenue enhancement for the municipality associated with police duties(e.g. alarm and towing ordinances. 3~d party billing or recognizing loss productivity) C. Patrol Performance-Document current police patrol performance, workload staffing levels and police officer availability (e.g. how often do the police officer come to work?) D. Crime Fighting Strategies-Provide crime fighting strategies to strengthen the police environment with Computerized Statistics (COMPSTAT) indicates a strong and vigorous performance management tool capable of assisting the department's middle and upper management. E. Response times-Does the department utilize a response time code system regarding calls for service? Is the policy followed by all police personnel? F. Investigations-Does the department track criminal investigations and what is the clearance rate? How does it compare to other federal, state and county agencies? G. Property and Evidence Management-Does the department track and control property and evidence. When was the last time an audit was conducted? How many pieces of property and evidence are there? H. Working relationship- How does the department work with other government agencies, elected officials, other departments? (e.g. Does the department invite other department representatives to COMPSTAT-department of public works, recreation, health and human services, code enforcement, and fire inspection for interactions which will support the department's policing initiatives and strategies)? I. Quality of Life-Does the department emphasize quality of life codification that can be controlled at all department and staffing levels. J. Strategic Planning -Does the department deploy and utilize resources based on strategy or tactics? How are plans developed? K. Communications -How is the computerized aided dispatch/records management system providing real time information to the department's resources. L. Blue Print -ICMA will provide a blue print report which will include long range performance goals and objectives for the police department over the next three, five and 15 years. M. Identify opportunities to improve the efficiency, effectiveness and performance of the police department with existing resources while practicing fiscal restraint.(e.g. organizational charts, restructuring, and schedules) N. Estimate the manpower requirements and associated costs that would be needed to achieve management specified performance objectives O. Civilianization-Identify sworn positions that civilians can perform (e.g. Does the present positions involve responding to police emergencies? Or Does the position require police officer status or arrest powers?) Proposal -Delray Beach, FL -ICMA Consulting Services Page 16 or21 P. Technology-Provide 215 century technology recommendations while understanding the local government has limited budgeted resources. A. Prevention -What efforts and processes are in place to utilize prevention in developing the outcome models for the department? B. Risk Assessment and Planning - Is the deployment of resources based upon risk, hazard, and demographics. What strategic planning processes are in place, how is success reported and evaluated, and are plans regularly updated and exercised for delivery of all services offered by the department. C. Quality Assurance, Quality Improvement -Are processes in place to evaluate performance and make improvements and then reevaluated. D. Policy, procedure, rules and regulations -Does the department have current policy, procedure, rules and regulations; are they enforced; is staff involved in developing ongoing efforts. Is the department CALEA certified? E. Testing -Are methods in place to evaluate training and education both for staff as well as citizens? What are the processes and is delivery methodology changed based on testing and knowledge as well as competency? F. Fleet- Does the police department exercise good judgment with purchase considerations specified for fuel economy as well as standard warranty comparisons. G. Wellness, fitness, and human resources -Are processes in place to test employees for fitness and wellness; are the processes effective; are they enforced; how are human resources being delivered? H. Emergency Management -Has the department evaluated hazards and developed the Incident Command Process for all-hazards as well as throughout the community? ICMA was one of the leaders in identifying the critical importance of the police department partnering with the public it serves. Since 1990 ICMA has been integrally involved in assisting communities in advancing the community policing philosophy. In partnership with the Department of Justice, Office of Community Oriented Policing (COPS) we have produced numerous publications addressing the implementation of the philosophy in departments throughout the county. Additionally, we have conducted hundreds of workshops training managers and law enforcement professionals on the implementation of the COP philosophy. A critical part of our evaluation will include the effectiveness of existing programs in partnering with the citizens of Delray Beach. Proposal -Delray Beach, FL -ICMA Consulting Services Page 17 of 21 Contact Info Principal-in-Charge -Craig Rapp craiq.rapp@icma.orq 202-962-3583 Program Manager- Leonard Matarese Imatarese@icma.ora 716-969-1360 Police Operations Team Lead -Rick Richardella rrichardella@icma.ora 732-267-2735 Police Data Analysis Lead - Dr. Kenneth Chelst kchelst@wayne.edu 313-577-3857 Data Analysis Support - Dr. Dov Chelst dchelst@icma.ora 202.309.8281 Director of Operations and Business Development - Akia Garnett aaarnett@icma.orq 202-962-3585 Proposal -Delray Beach, FL - ICMA Consulting Services Page 18 of 21 The Program Manager or specific area team leads will report project status to the identified city contacts at identified intervals using an acceptable and agreed upon reporting template. Beyond this however, communication will be maintained and coordinated through the Team Leader with these contacts and other identified relevant personnel on a regular basis. ICMA agrees to conduct the project as described above for the sum of $37,000. The two installments shall be for $18,500 each. All payments shall be made out to the International City/County Management Association upon invoicing as according to the aforementioned payment schedule. ICMA estimates a travel budget of at least $2,000. All travel costs will be billed separately on an occurrence bases, or upon final project completion. ICMA agrees to work cooperatively with the client in order to reduce such costs to the greatest extent possible while still meeting the expectations of the city. Proposal -Delray Beach, FL -ICMA Consulting Services Page 19 or21 The quotation of fees and compensation shall remain firm for a period of 90 days from this proposal submission. Two payments shall be invoiced to the city: the first at the beginning of the project period; the second after submission of the final report. If some other arrangement is deemed more appropriate by the city, ICMA will work cooperatively for an agreement on the payment terms. Contract Administrator The individual who can make final decisions regarding the contract and has the authority to contract for ICMA is: Director, Grants & Contract Administration International City/County Management Association (ICMA) 777 North Capitol Street, Suite 500 Washington, DC 20002 Primary Point of Contact The primary point of contact regarding this contract and that has the authority to speak with all involved parties for ICMA is: Akia Garnett Director, Operations and Business Development ICMA Consulting Services International City/County Management Association (ICMA) 777 North Capitol Street, Suite 500 Washington, DC 20002 Proposal -Delray Beach, FL -ICMA Consu/ting Services Page 20 of 21 Part of ICMA's mission is to assist local governments in achieving excellence through information and assistance. Following this mission, ICMA Consulting Services acts as a trusted advisor, assisting local governments in an objective manner. In particular, ICMA's experience in dealing with public safety issues combined with its background in performance measurement, achievement of efficiencies, and genuine community engagement, makes ICMA a unique and beneficial partner in dealing with issues such as those being presented in this proposal. We look forward to working with you further and wish you success. Proposal -Delray Beach, FL -ICMA Consulting Services Page 21 of 21 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: City Attorney DATE: July 13, 2010 SUBJECT: AGENDA ITEM_ 9.E. -REGULAR COMMISSION MEETI_NG OF ,IULY~ 2010 OSS GARAGE RETAIL_SPACE SUBLEASE AGREEMENT BETWEEN THE CRA AND THE PUPPETRY ARTS CENTER OF THE PALM BEACHES ITEM BEFORE COMMISSION Sub-Lease Agreement between the Community Redevelopment Agency and the Puppetry Arts Center of the Palm Beaches. BACKGROUND Pursuant to Article XI, "Assignment and Subletting", Paragraph 1(B) on Page 8 of the Lease Agreement between the City of Delray Beach and the Delray Beach Community Redevelopment Agency, the CRA is required to provide a copy of any sublease agreement to the City to have the terms approved by the City prior to execution. The proposed Sublease Agreement allows the Puppetry Arts Center to sublease approximately 5,000 square feet on the 1st floor of the Old School Square Parking Garage for 2 years beginning October 1, 2010. The rent shall be Four Hundred Dollars ($400.00) a month for the space. No parking is included at this time. The Puppetry Center shall be responsible for the build out of the space. The space shall be used as a Puppet Theatre, Museum of Puppetry, workshop space, exhibition space, and gift shops and shall be accessible to the public a minimum of 30 hours per week with a minimum of 10 hours on weekends and minimum operating hours must include evenings on Thursdays, Fridays and Saturdays. Also, during City sponsored events on Pineapple Grove Way, the Premises shall be opened for at least 50°Io of the time of the event. The Puppetry Center has agreed to indemnify and hold harmless the City and the agreement incorporates the terms of the over-riding Lease Agreement between the City and CRA as required in the January 11, 2010 Lease Agreement. RECOMMENDATION The City Attorney's office recommends City Commission approval. LEASE AGREEMENT 'I'H1S LE.~,SE AGREEMENT (hereinafter referred to as the "Lease") is made and entered into as of the ~_ of ~ i,e ~ , 20~ by and between City of Deray Beach, a Florida Municipal Co~pration (hereinafter referred to as "Landlord"j and Delray Beach Community Redevelopment Agency, a Florida public agency (hereinafter referred to as "Tenant"). WITNESSETH: THAT LANDLORD, in consideration of the rents and agreements promised and agreed by Tenant to be paid and performed, leases to Tenant, and Tenant leases from Landlord, the Premises described herein, subject to the following terms. ARTICLE I DESCRIPTION OF PROPERTY; TERM 1. Description of Property. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord approximately Ten Thousand Two Hundred Eighty Nine (10,289) rentable square feet on the first (1st} floor of the Old School Square Parking Garage (the "Building"j, as shown on Exhibit "A", which is attached hereto, and made a part of this Lease (the "Premises"), which is located at the southwest corner of NE 2°d Avenue and NE IS` Street, Delray Beach, Florida, together with the right to use in common with other tenants of the Building, their invitees, customers and employees, stairways, elevators, hallways, and all other common facilities contained in the Building and parking areas. All of the land and real property underlying or adjacent thereto, with all improvements thereto, including the Building, and used in connection with the operation of the Building shall be referred to as the "Property". 2. Term. Tenant shall have and hold the Premises for a term (hereinafter referred to as the "Term" or "Lease Term") of five (5} years commencing on February 1, 2010 (the "Commencement Date") and expiring on the January 31, 2015 (the "Expiration Date"). For the purposes of this Lease, a "Lease Year" shall be defined as that twelve (12) month period during the Term or any extension of the Term commencing on the Commencement Date or the annual anniversary thereof, as may be applicable. For the purpose of this Lease, a "Lease Month" shall be defined as those successive calendar month periods beginning with the Commencement Date and continuing through the Term or any extension of the Term of the Lease. ARTICLE II RENT 1. Base Rent; Late Charge; Sales Tax. Tenant agrees to pay Landlord as rent for the Lease Term the sum of One Hundred Fifty Thousand and 40/100 Dollars (150,000.00) (the "Base. Rent"}, payable in one lump sum no later than five (5) days after the anniversary date of each Lease Year during the Lease Term. In the event any taxes are due as a result of this Lease or any sublease, Tenant shall also pay to Landlord all sales, use or other taxes pertaining to the Rent which shall be remitted by Landlord to the Florida Department of Revenue or other appropriate taxing authority. 3. Payment Without Notice or Derrtand. The Base Rent called for in this Lease shall be paid to Landlord without notice or demand, and without counterclaim offset; deduction, abatement, suspension, deferment, diminution or reduction. Tenant hereby waives all. rights now or hereafter conferred to any offset, deduction, abaternent, suspension, deferment, diminution or reduction of the Base Rent on account of any such circumstances or occurrence. 4. All monthly obligations owed by Tenant to Landlord shall. be deemed rent. 5. The parties acknowledge that both parties are tax exempt entities, and the Premises are currently exempt from any ad valorem taxes and assessments. In the event, during the Lease Term, it is determined that any taxes are due and owning, it shall be the Tenant's responsibility to remit the taxes to the Landlord. The Landlord shall. then remit any tax payments to the applicable taxing authority. 6. Place of Payment. All payments of rent, or any other charges imposed pursuant to this Lease shall be made and paid by Tenant to: City Manager City of Delray Beach 100 N. W. ls` Avenue Delray Beach, Florida 33444 or at such other place as Landlord may, from time to time, designate in writing to Tenant. Al] payments shall be payable in current legal tender of the United States, as the same is then by law constituted. ARTICLE III INTENTIONALLY OMITTED ARTICLE IV USE OF PREMISES Tenant shall use the Premises for purposes as permitted by the City of Delray Beach's Land Development Regulations, and other applicable codes ~uzd regulations. Prior to commencing any use on the Premises, the Tenant shall first obtain the written consent of Landlord, such consent shall not be unreasonably withheld. Tenant will not use or permit the use of the Premises or any part thereof for any unlawful. purpose, or in violation of any ordinances, laws, rules or regulations of any governmental body. Tenant shall not do or permit any act which would constitute a public or private nuisance or waste or which would be a nuisance or annoyance or cause damage to Landlord or Landlord's other tenants or which would invalidate any policies of insurance or increase the premiums thereof, now or hereafter written on the Building and/or Premises. ARTICLE V PARKING Tenant shall have the right of use of zero (0} designated parking spaces. All parking spaces not designated for other tenants of the Building shall be available on a first come first serve basis. In the event that Tenant desires to reserve parking spaces for Tenant's exclusive use, Tenant may request Landlord to designate reserved spaces for Tenant's use at a charge to be determined by Landlord, provided, however, Landlord shall not be required to grant Tenant an exclusive right to use any parking spaces. In the event the Landlord imposes a fee for parking at the Property, the patties agree to enter into a license agreement, or other form of agreement, to provide for the Tenant to have a reasonable number of parking spaces available for its use at no cost. ARTICLE VI ACCEPTANCE OF THE PREMISES Tenant acknowledges that Landlord has not made any representations or warranties with respect to the condition of the Premises and neither Landlord nor any assignee of Landlord shall be liable for any latent defect therein. The taking of possession of the Premises by Tenant shall be conclusive evidence that the Premises were in good and satisfactory condition at the time such possession was taken. If Landlord shall give Tenant permission to enter into possession of the Premises prior to the Commencement Date, such possession or occupancy shall be deemed to he upon all the terms, covenants, conditions, and provisions of this Lease. ARTICLE Vll LANDLORD AND TEl'`TANT OBLIGATIONS 1. Tenant's Obligations. Upon providing prior notice, and subject to the Tenant's written consent, Landlord may perform, at Tenant's expense throughout the Lease Term, any repairs to the fixtures and appurtenances within the Premises and Tenant's property. Said expenses shall be reasonable and approved by Tenant in writing. In the event Tenant does not keep and maintain the Premises to Landlord's satisfaction. or make the said repairs or replacements within fifteen (15) days after notice from Landlord, or i^ case of repair which, far causes beyond Tenant's control cannot with due. diligence be cured within said period of fifteen (15) days, and Tenant shall not knave promptly after notice commenced such repairs and thereafter diligently prosecuted same to completion, within a reasonable time, then Landlord may, in addition to any other remedies it may have under law or this Lease, enter upon the Premises and maintain the Premises and/or make the said repairs or replacements itself, as the case maybe, and charge the cost thereof to Tenant as Additional Rent. 2. Landlord's Obligations. Landlord shall maintain, at its expense, the structural, functional and systenuc aspects of the Building, including the roof, foundation, load-bearing walls, general building maintenance, walkways, conidors, elevators, sidewalks, landscaping, and parking areas (hereinafter referred to as "Comman Areas"). If Tenant at any time shall give notice to Landlord that Landlord has fai]ed to comply in any respect with the provisions hereof, Tenant may perform all repairs and other work specified in such notice no later than thirty (30) days from the date that. the notice is provided to Landlord. The time to perform such repairs may be extended by the Tenant upon receipt of a written request from Landlord. Any extension of time for the completion of repairs or other work must be in writing, and executed by the Tenant's representative. The Tenant agrees that the Landlord shall not be responsible for any claims for damage to person or property that results from any improvements constructed or installed by the Tenant on the Building or Premises. In addition, in the event the Tenant enters into any sublease, the. Tenant shall insure that any sublease shall provide that the Tenant waive any and all claims against the Landlord arising out of the improvements made by either the Tenant or the sub-lessee to the Building or Premises, as well as any claim of any kind against Landlord arising out of the Landlord's failure, from time to time, to i'urnish any of the services requested to be furnished to the Cotr~mon Areas, except to the extent that such failure was caused by the gross negligence or willful misconduct of the Landlord. 3. Floor Loads; Noise and Vibration. Tenant shall not place a load upon any floor of the Premises which exceeds the load per square foot, which such floor was designed to carry or which i.s allowed by .law. Business machines and mechanical equipment belonging to Tenant which cause noise, electrical interference or vibration that may be transmitted to the structure of the Building or to the Premises to such a degree as to be objectionable to Landlord shall, upon prior written notice from Landlord to Tenant, at Tenant's expense, be placed and maintained by Tenant in settings of cork, rubber, or spring-type vibration eliminators sufficient to eliminate such noise, electrical interference or vibration. 4. Landlord Services. Landlord shall furnish to Tenant only services to the Common Areas for the general use of Tenant. Should any equipment or machinery breakdown. or for any cause cease to function properly, Landlord shall use reasonable diligence to repair the same promptly, but Tenant shall. have no claim for rebate of rent. or damages on account of any interruptions in service occasioned thereby or resulting therefrom. In the event Landlord does not provide the service to the Common Areas within fifteen (15) days after notice from Tenant, or in case of repair which, for causes beyond Landlord's control cannot with due diligence be cw•ed within. said period of fifteen (15) days, and Tenant shall not. have promptly after notice commenced such repairs and thereafter diligently prosecuted same to completion, within a reasonable time, then Tenant may, in addition to any other remedies it may have under law or this Lease, perform the services to the Common Areas, and charge the cost thereof to Landlord. S. Tenant Services. Tenant shall pay promptly or cause to be paid all charges for gas, electricity, light, heat, power, telephone and other utilities and services used, rendered or supplied to, upon or in connection with the Premises throughout the Tenn. Tenant shat] cause the Premises, including the exterior and interior of the windows thereof, to be cleaned in a manner standard Co the Building. Tenant shall be solely responsible for all te]ephone, television, cable and other eo~xununication expenses incurred in connection with Tenant's use of the Premises. Tenant 4 shall be responsible for maintaining in good condition and repair, all air conditioning a~~d heating systems, exterior windows, interior and exterior doors, walls, flooring and ceiling, and all electrical and plumbing systems located within the Premises. ARTICLE VIII LANDLORD'S AND TENANT'S PROPERTY 1. Landlord's Property. All fixtures, equipment, improvements and appurtenances attached to or built into the Premises at the commencement of, or during the Term of this Lease, including carpeting or other similar personal property, whether or not by or at the expense of Tenant, shall. be and remain a part of the Premises and shall be deemed the property of Landlord ("Landlord's Property") and shall not be removed by Tenant except as set forth herein. 2. Tenant's Property. Tenant. shall be responsible for the buildout of the Premises, including the flooring, plumbing, electrical, air conditioning, interior walls, which includes the wall between the Premises and the space to be used by the Delray Beach Ch~unber of Commerce, and the ceiling. All business a~~d trade fixtures, machinery and equipment, communications equipment and office equipment, whether or not attached to or built into the Premises, which are installed in the Premises by or for the account. of Tenant without expense to Landlord and which can be removed without damage to any fixture or Tenant .Improvement nor structural. damage to the Building, and all furniture, furnishings and other articles of moveable personal property owned by Tenant and located in the Premises (hereinafter collectively referred to as "Tenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term of this Lease so long as Tenant's obligations are current and no default exists under this Lease. In the event Tenant's Property is so removed, Tenant shall repair or pay the cost of repairing any damage to the Prenuses or to the Building resulting from the installation and/or removal thereof and restore the Premises to the same physical condition and layout as they existed at the time Tenant was given possession of the Premises, normal wear and tear excepted. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered Tenant's Property and shall he deemed the property of Landlord. 3. Removal of Tenant's Property. At or before the Expiration Date of this Lease, or within five (~) days after any earlier termination hereof, Tenant, at its expense, shall remove from the Premises all of Tenant's Property {except such items thereof as Landlord shall have expressly permitted to remain, which property shall become the property of Landlord), and Tenant shall repair any damage to the Premises or the Building resulting from any installation and/or removal of Tenant's Property, and shall. restore the Premises to the same physical condition and layout as they existed at the time Tenant was given possession of the Premises, reasonable wear and tear excepted. In connection with its obligations set forth herein, Tenant specifically acknowledges that it shall be solely responsible prior to the expiration or earlier termination of the Lease for the removal of all of its computer and telecommunication-related equipment, including but not limited to, all wiring and cabling installed in connection therewith, unless Landlord, in its sole discretion, consents in writing to Tenant leaving such equipment, wiring or cabling at the Premises. Tenant agrees that any cabling or wiring installed during the Lease Term shall he subject to Landlord's prior consent, which consent shall not be unreasonably withheld, and shall comply, at Tenant's sole cost and expense, with all the requirements of the National Electric Code (NEC) and applicable national, state and local rules, regulations, laws and fire and safety codes. Any other items of Tenant's Property which shall remain in the Premises after the Expiration Date of this Lease, or the earlier termination thereof, rnay, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by, or otherwise disposed of by Landlord. Landlord may request Tenant to remove and pay to Landlord the cost of repairing any damage to the Premises or the Building resulting from any installation and/or removal of Tenant's Property and the cost of restoring the Premises to the same physical condition and layout as they existed at the time Tenant was given possession of the Premises, reasonable wear and tear excepted. ARTICLE IX DESTRUCTION OF PR>h;MISES Lf, during the Term hereof, the Premises and/or the Building are damaged by reason of fire or other casualty, Tenant shall give immediate notice thereof to Landlord. Landlord may restore the Premises and/or the Building to substantially the same condition they were in immediately before said destruction. Landlord, at its election, may restore the Premises and/or the Building, within a reasonable period of time, and this Lease shall continue in full force and effect. Rent shall be abated during the period in which the Premises (or portion thereof on a prorated basis) are rendered untenantable as a result of such damage, unless said damage was caused by the negligence or intentional wrongful act of Tenant or its officers, employees, agents or invitees. The Tenant and Landlord may enter into an amendment to this Lease to provide for the abatement of rent in the event the Premises shall become untenantable during the Term of the Lease. Should Landlord elect to terminate this Lease, the entire insurance proceeds shall be and remain the outright property of Landlord, except any proceeds received for Tenant's Property, or proceeds received from Tenant s business inten•uption insurance, if any. ARTICLE X ALTERATIONS AND ,MECHANIC'S LIENS 1. Alterations by Tenant. No alterations to the Premises shall be made by 'Tenant unless the following conditions are met: A. Tenant shall provide a sealed set of plans prepared and certified by an architect to Landlord, and Tenant shall have received the prior written consent of Landlord, which shall not be unreasonably withheld or delayed. B. All such alterations or improvements shall be performed by a licensed contractor. C. Tenant shall have procured all permits, licenses and other authorizations required for the lawful and proper undertaking thereof, a~~d immediately upon completion of any such alterations, Tenant shall obtain a proper Certificate of Occupancy and deliver same to Landlord. D. All alterations when completed shall be of such a nature as not to (ij reduce or otherwise adversely affect the value of the Premises; (ii) diminish the general utility or change the general character thereof; (iii) result in an increase of the Operating Expenses, or (iv) adversely affect the mechanical, electrical, plumbing, security or other such systems of the Building or the Prerises. E. All alterations made by Tenant shall remain on and be surrendered with the Premises upon expiration or the earlier termination of this Lease. 2. Mechanic's, Materialman's and Laborer's Liens. Tenant agrees that it will make full and prompt payment of all sums necessary to pay for the cost of repairs, alterations, improvements, changes or other work done by Tenant to the Premises and further agrees to the extent permitted by law, and subject to the limitations contained in Section 768.28, Florida Statutes, indemnify and hold harmless Landlord from and against any and al] such costs and liabilities incurred by Tenant, and against any and all mechanic's, materialman's or laborer's liens arising out of or from such work or the cost thereof which may be asserted, claimed or charged against the Premises or the Building or Property. The interest of Landlord in the Property shall not be subject to liens for improvements made by or for Tenant, whether or not the same shall be made or done in accordance with any agreement between Landlord and Tenant. This Lease specifically prohibits the subjecting of Landlord's interest in the Property to any mechanic's, materialman's or laborer's liens for improvements made by Tenant or for which Tenant is responsible for payment under the terms of this Lease. Tenant shall have no power or authority to create any lien or permit any lien to attach to the present estate, reversion, or other estate of Landlord in the Property and all mechanics, materialmen, contractors, artisans, and other parties contracting with Tenant or its representatives or agents are hereby charged with notice that they must look to Tenant to secure payment of any bill for work done or material fi~rnished or for any other purpose during the term of the Lease. Tn addition to the foregoing, the Tenant shall notify any of its contractors making any improvements to the Property of the terms of this provision, and Tenant acknowledges that its knowing and willful f~ulure to provide said notice to the contractor(s) shall render the contract between the Tenant and the contractor(s) voidable at the option of the contractor(s). 1.n the event any notice or claim of lien shall be asserted of record against the interest of Landlord in the Premises or Building or the site on which it is located on account of or growing out of any improvement or work done by or for Tenant, or any person claiming by, through or under Tenant, for improvements or work the cost of which is the responsibility of Tenant, Tenant agrees to use its best efforts to have such notice of claim of lien canceled and discharged of record as a claim against the interest of Landlord in the Premises or the Building or Property (either by payment or bond as permitted by law) within thirty (30) days after notice to Tenant by Landlord, and in the event Tenant shall fail. to do so, Tenant shall be considered in default under this Lease. Tenant shall, prior to any work being performed, at Landlord's request, execute and record any such recordable documents as are necessary to evidence Landlord's non-responsibility to potential lienors. ARTICLE ~ ASSIGNMENT AND SUBLETTING Tenant's Transfer. A. Tenant shall not voluntarily assign or encumber its interest in this Lease or in the Premises, or sublease all or any part of the Premises, or allow any other person or entity to occupy or use all or any part of the Premises, without first obtaining Landlord's written consent, which consent shall not be unreasonably withheld. Any assignment, encumbrance or sublease without Landlord's prior written consent sha}1 be voidable and, at Landlord's election, shall constitute a default hereunder. No consent to any assignment, encumbrance or sublease shall constitute a further waiver of the provisions of this provision. In the event the Tenant enters into a sublease, this Lease, and all its terms, shall be incorporated as an exhibit to the sublease. B. Prior to executing any sublease or assignment, Tenant shall provide a copy of the proposed sublease/assignment to Landlord for the Landlord's review and consent, which consent shall not be unreasonably withheld. Any assignment consented to by Landlord shall be evidenced by a validly executed assignment and assumption of lease agreement, upon such terms and provisions as shall be approved by Landlord. 2. Tenant's Liability. Notwithstanding any assignment or sublease, and notwithstanding the acceptance of Rent by Landlord from any such assignee or sublessee, Tenant shall continue to remain Iiable for the payment of Rent hereunder and for the performance of all of the agreements, conditions, covenants and terms herein contained. 3. Landlord's Transfer. Landlord shall have the right to sell, assign, mortgage or otherv~lise encumber or dispose of Landlord's interest in the Building, the Property, the Premises and this Lease. In the event of any such disposition, La~idlord shall have no further liability or obligation to Tenant under this Lease. ARTICLE XII OBLIGATION TO COMPLY 1. Obligations of Tenant. Tenant shall, during the Tenn of this Lease, at its sole cost and expense, comply with all valid laws, ordinances, regulations, orders and requirements of any governmental authority which may be applicable to the Premises or to its use, whether or not the same. shall interfere with the use or occupancy of the Premises arising from (a) Tenant's use of the Premises; (b) the manner or conduct of Tenant's business ar operation of its installations, equipment or other property therein; (c) any cause or condition created by or at the instance of Tenant; or (d) breach of any of Tenant's obligations hereunder, whether or not such compliance requires work which is structural or non-structural, ordinazy or extraordinary, foreseen or unforeseen. Tenant shall pay alI of the costs, expenses, fines penalties and damages which may be imposed upon Landlord by reason or arising out of Tenant's failure to fully and promptly comply with and observe the provisions of this Section. Tenant shall give prompt notice to Landlord of any notice it receives of the violation of any law or requirement of any public authority with respect to the Premises or the use or occupation thereof. Tenant's obligation. to comply with laws shall include, without limitation, those laws and regulations contemplated by Sections XXII.2. and XXII.9. below and Title III of the Americans With Disabilities Act of 1990, as Amended, and the Florida Clean Indoor Air Act (FCIAA) stating a person may not smoke in an enc}osed indoor workplace. In the event Tenant receives any notice alleging violation of any of the aforementioned laws, ordinances, regulations, orders, rules or requirements relating to any portion of the Premises, the Building or of the Properly; or any notice of regulatory action or investigation instituted in connection therewith, Tenant shall provide written notice to Landlord thereof within ten {10) days after receipt of same by Tenant. 2.. Attorneys' Fees. Each party shall bear its own attorney's fees and costs in connection with the enforcement or interpretation of this Lease. ARTICLE XIII RIGHT OF LANDLORD TO PERFORM TENANT'S COVENANTS 1. Payment or Performance. Landlord shall have the right, upon ten (10) days prior written notice to Tenant (or without notice in the case of emergency or in order to avoid any fine, penalty or cost which may otherwise be imposed or incurred) to make any payment or perform any act required of Tenant under any provision in this Lease, and in exercising such right, to incur necessary and incidental costs and expenses, including reasonable attorneys' fees. Nothing herein shall imply any obligation on the part of Landlord to make any payment or perform any act required of Tenant, and the exercise of the right to do so shall not constitute a release of any obligation, waiver of any default or obligation of Landlord to make any similar payment or perform any similar act in the future. 2. Reimbursement. Al.l payments made, and all costs and expenses incun•ed in connection with Landlord's exercise of the right set forth in Paragraph 1 above, shall be reimbursed by Tenant within ten (10) days after receipt of a bill setting forth the amounts so expended. Any such payments, costs and expenses made or incurred by Landlord shall he treated as Additional Rent owed by Tenant. ARTICLE XIV INDEMIV'~FICATION, SOVEREIGN IMMUNITY, AND INSURANCE 1. The Landlord is a state agency as defined in §768.28, Florida Statutes, and agrees to be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law while they are employed by the Landlord. Nothing herein is intended to serve as a waiver of 9 sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third Parties in any matter arising out of this Agreement. 2. The Tenant is a state agency as defined in §768.28, Florida Statutes, and agrees to be fully responsible for the acts and omissions of its agents or employees to the extent permitted bylaw while they are employed by the Tenant. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third Parties in any matter arising out of this Agreement. The Tenant agrees to defend and hold the Landlord harmless from any claims, of any kind, nature, or description a~•ising out of the use occurring on the Premises, or that is caused by the improvements made to the Premises or Building by the Tenant or any sublessee. 3. The Landlord is a state agency as defined by §768.28, Florida Statutes. The Landlord shall furnish the Tenant with written verification of liability protection in accordance with state law prior to or at the time of execution of this Agreement. 4. The Tenant is a state agency as defined by §768.28, Florida Statutes. The Tenant shall furnish the Landlord with written verification of liability protection in accordance with state law prior to or at the time of execution of this Agreement. In the event the Tenant enters into any sublease for the Premises, the Tenant shall insure that the sub-lessee provides insurance in sufficient coverages for the Building, Premises, and uses that are authorized to occur on the Premises. The Tenant will insure that the Landlord is named as an additional insured on any policies of insurance required by any sublease. The certificate of insurance shall be provided to the Landlord prior to the commencement of any sublease for the Premises. 5. Indemnification by Sub-lessee. Tenant shall insure that any sublease includes the following provision: Sub-lessee agrees to indemnify and hold the City of Delray Beach ("Landlord") and its officers, agents, employees and invitees, harmless against and from any and all claims from or in connection with; (a) the conduct or management of the Premises or any business therein, or any condition created (other than by Landlord) in or about the Premises during the Term of this sub-lease or during the period of time, if any, prior to the Commencement Date that sub- lessee may have been given access to the Premises; (b) any act, omission or negligence of sub- lessee or any of its subtenants or Iicensees or its or their partners, directors, officers, agents, employees or contractors; (c) any accident, injw-y or dan~age whatsoever (unless caused solely by Landlord's grass negligence) occurring in, at or upon the Premises; and (d) any breach or default by sub-lessee in the full and prompt payment and performance of sub-lessee's obligations under this sub-lease, together with all costs, expenses and Iiabilities incurred in or ui coiulection with each such claim, action or proceeding brought against Landlord and/or its employees, including, without limitation, all reasonable attorneys' fees and expenses. In case any action or proceeding is brought against Landlord sub-lessee, upon notice from Landlord shall resist and defend such action or proceeding (by counsel reasonably satisfactory to Landlord at sub-lessee's sole cost and expense. 10 ARTICLE XV DEFAULT 1. Events of llefault. Tenant shall be in default under this Lease if any one or more of the following events shall occur: A. Tenant. shall fail to pay any installment of the Rent or any other expenses called for hereunder as and when the same shall become due and payable; or B. Tenant shall default in the performance of or compliance with any of the other terms or provisions of this Lease, and such default shall continue for a period of fifteen (15) days after the giving of written notice thereof from Landlord to Tenant, or, in the case of any such default which cannot, with bona fide due diligence, be cured within said fifteen (15) days, Tenant shall fail to proceed within said fifteen (IS) day period to cure such default and thereafter to prosecute the curing of same with all due diligence (it being intended that as to a default not susceptible of being cured with due diligence within such period of fifteen (15) days, the time within which such default may be cured shall be extended for such period as may be necessary to permit the same to be cured with bona fide due diligence); or C. Tenant shall assign, transfer, mortgage or encumber this Lease or sublet the Premises in a manner not permitted by Article XI; or D. Tenant shall file a voluntary petition in bankruptcy or any Order for Relief be entered against it, or shall file any petition or answer seeking any an-angement, reorganization, composition, readjustment or similar relief under any present or future bankruptcy or other applicable law, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant of all or any substantial part of Tenant's properties; or E. If any creditor of Tenant shall file a petition in bankruptcy against Tenant or for reorganization of. Tenant, under state or federal law, and if such petition is not discharged within. ninety (90) days after the date on which it is filed; or F. Tenant shall vacate or abandon the Premises, then, and in such event, or during the continuation thereof (subject to the time period described in subparagraph (e) above, Landlord may, at its option, by written notice to Tenant, designate a date not less than five (5) days from the giving of such notice on which this Lease shall end, and thereupon, on such date, this Lease and all rights of Tenant hereunder shall terminate. Such termination by Landlord shall not affect. the remedies of Landlord provided in this Lease. 2. Surrender of Premises. Upon any termination of this Lease, Tenant shall surrender the Pren>jses to Landlord, and Landlord, at any time after such termination, may, without further notice, re-enter and repossess the Premises without being liable to any prosecution or damages therefore, and no person claiming through or under Tenant or by virtue of any statute or of any order of any court shall be entitled to possession of the Premises. 3. Reletting. At any time or from time to time after any such termination of this Lease, Landlord may relet the Premises or any part thereof, in the name of Landlord or otherwise, for such term or terms and on such conditions as Landlord, in its sole discretion, may determine, and may collect and receive the rents therefore. Landlord shall not be responsible or liable, for any failure to relet the Premises or any part thereof or for any failure to collect any rent due upon such reletting. 4. Sarvival of Obligations. No termination, pursuant to this Article XV, shalt relieve Tenant of its liability and obligations under this Lease, and such liability and obligations shall survive any such termination. Any Rent or other monetary obligation of Tenant that has been abated, deferred or forgiven by Landlord in this Lease or any amendment thereto, and the. cost of all Tenant Unprovements provided or paid for by Landlord pursuant to Section VL l above, shall immediately become due and payable upon the occurrence of an event of default by Tenant under this Lease. S. Holdover. Should Tenant hold over and remain in possession of the Premises at the expiration of any Teem hereby created, Tenant shall, by virtue of this Section, become atenant-at- sufferance and shall pay Landlord twice the Rent per month of the last monthly installment of Rent above provided to be paid. Said tenancy shall be subject to all the conditions and covenants of this Lease as though the same had been atenancy-at-sufferance instead of a tenancy as provided herein, and Tenant shall give to Landlord at least thirty (30) days prior written notice of any intention to remove from the Premises, and shall be entitled to ten (10} days prior notice of any intention of Landlord to remove Tenant from the Premises in the event Landlord desires possession of the Premises; provided, however, that said tenant-at-sufferance shall not be entitled to ten (l 0) days notice in the event the said Rent is not paid in advance without demand, the said ten (l0) days written notice being hereby expressly waived. ARTICLE XVI REMEDIES 1. Remedies. Upon the occurrence of any event of default, Landlord shall be entitled to all. remedies available to it under Florida law, including, but not limited to, the filing of suit i'or the recover of all monetary damages sustained by Landlord as a result thereof. In addition to its statutory and common law remedies in the event of a default by Tenant, Landlord shall also be entitled, at its option, to exercise any one or more of the following remedies: A. Termination. Landlord shall be entitled to declare this Lease terminated and the term ended and/or shall have the immediate right of re-entry and may remove all persons and property from the Premises in accordance with Florida law and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, without evidence of notice and without being deemed guilty of trespass or becoming 12 liable for any loss or damage which may be occasioned thereby so long as all actions taken by Landlord were in accordance with Florida law. B. Right to Re-Let. Landlord may elect. to re-enter the Premises, either by taking possession pursuant to legal proceedings or otherwise, and may either terminate this Lease or it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let the Premises, and re-let the Premises or any part thereof for such term or terms (which may be for a term extending beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditians as Landlord in its sole discretion may deem advisable. No such re-entry or taking possession of the Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination, Landlord may at any time hereafter elect to terminate this Lease for such previous breach. Should Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant al.l damages it may incur by reason of such breach, including the cost of recovering the Premises and reasonable attorney's fees, which amount shall be immediately due and payable from Tenant to Landlord. 2. Tenant's Right to Terminate. In the even the Tenant's Board of Commissioners adopts a resolution declaring that the Tenant is unable to budget and appropriate funds to make the annual Rent payment, the Tenant. shall have the right to terminate this Lease upon providing a copy of the resolution to Landlord no later than May 15L of any calendar year during the Term of this Lease. In the event the Tenant provides the Landlord with the resolution as provided in this Paragraph, the Lease shall terminate as of the January 31st following the adoption of the resolution. ARTICLE XVII 1;MINENT DOMAIN 1f the Premises or any part thereof shall be taken in condemnation proceedings or by the exercise of the right of eminent domain or by agreement with the authority empowered to exercise such right, this Lease shall automatically terminate as of the date of such taking. Landlord shall be entitled to collect an award from such condemnation proceedings less any interest which Tenant is entitled to receive as part of the condemnation proceedings. Tenant shall execute any and all documents which may be required in order to permit Landlord and. Tenant to collect the award. ARTICLE XVIII QUIET ENJOYMENT Landlord agrees that Tenant, upon paying all Rent and all other charges herein provided for and observing and keeping the covenants, agreements, terms and conditions of this Lease and the rules and regulations of Landlord affecting the Premises on its part to be performed, shall ]awfully and quietly hold, occupy and enjoy the Premises during the Term hereof, expressly subject to the terms, limitations and conditions contained in this Lease. 13 ARTICLE XIX LANDLORD'S RIGHT OF ACCESS I. Access for Maintenance and Repair. Except for the space within the inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Premises, all of the Building including, without limitation, exterior walls, core interior walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Premises and any space in or adjacent to the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other facilities of the Building, and the use thereof, as well as access thereto tlu-oughout the Premises for the purposes of operation, maintenance, decoration and repair, are reserved to Landlord. Landlord reserves the right, and Tenant shall permit Landlord, upon providing reasonable notice, to install, erect., use and maintain pipes, ducts and conduits in and through the Premises. Landlord shall be allowed to take all materials into and upon the Premises that may be required in connection therewith, without any liability to Tenant and without any reduction of Tenant's covenants and obligations hereunder. Landlord and its agents shall have the right to enter upon the Premises for the purpose of making any repairs therein or thereto or, upon reasonable notice to Tenant for any other purpose, which shall be considered necessary or desirable by Landlord, in such a manner as not to unreasonably interfere with Tenant in the conduct of Tenant's business on the Premises; and in addition, Landlord and its agents shall have the right to enter the Premises, as Landlord deems reasonably necessary or desirable, at any time in cases of emergency to all or any part of the Building. 2. Access for Inspection and Showing. upon reasonable notice to Tenant and during normal business hours, Landlord and its agents shall have the right to enter and/or pass through the Premises at any time to inspect or examine the Premises and to show them to prospective purchasers, mortgagees or lessees of the Building. During the period of six (6) months prior to the Expiration Date of this Lease, Landlord and its agents may exhibit the Premises to prospective tenants. 3. Landlord's Alterations and Improvements. If, at any time, any windows of the Premises are temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building, or if any part of the Building, other than the Premises, is temporarily or permanently closed or inoperable, the same shall be without liability to Landlord and without any reduction or diminution of Tenant's obligations under this Lease. Upon providing prior notice to the Tenant, Landlord resea-ves the right: to make such changes, alterations, additions and improvements in or to the Building and the fixtures and equipment thereof, as well as in or to the street entrances, doors, halls, passages, elevators, escalators and stairways thereof, and other public portions of the Building and the Property, as Landlord shall deem necessary or desirable, and no such alterations or changes shall be deemed a breach of Landlord's covenant of quiet enjoyment or a constructive. eviction. ARTICLE XX 14 SIGNS AND OBSTRUCTION 1. Signs. Tenant shall not place or suffer to be placed or maintained upon any exterior door, roof, wall or window of the Premises or the Building, any sign, awning, canopy or advertising matter of any kind, and will not place or maintain any decoration, lettering or advertising matter on the glass of any window or door of the Premises except as consented to by Landlord, such consent shall not be unreasonably withheld. Said Building signage shall be subject to Land]ord's reasonable approval and is subject to all appropriate governmental approvals. At Tenant's sole expense, Tenant agrees to maintain any such signage approved by Landlord in good condition. and repair at all times and to remove the same at its sole cost aid expense at the end of the Term of this Lease. Upon removal thereof, Tenant agrees to repair any damage to the Premises caused by such installation and/or removal at Tenant's sole expense. 2. Obstruction. Tenant shall not obstruct the corridors, elevators, stairs, Common Areas, sidewalks, parking lots or other public portions of the Building or the Premises in any manner whatsoever. ARTICLE XXI NO"I'ICES 1. Notices. Any notice or other information required or authorized by this Lease to be given by either Party to the other may be given by hand with receipt; or sent by facsimile transmission; or by certified prepaid mail, return receipt requested; or by nationally recognized overnight courier service, to the other Party at the address stated below. Such address may be changed by either respective Party at any time by giving prior written notice as herein provided. Any notice or information given pursuant to this Section shall be deemed to have been given when received by the Party to whom it has been directed. AS TO LANDLORD: Ciry of Delray Beach Attention: City Manager 100 N. W. 15` Avenue Delray Beach, Florida 33444 Telephone: (561) 243-7000 WITH A COPY TO: R. Brian Shutt, Esq. City Attorney 200 N. W. ls` Avenue. Delray Beach, Florida 33444 Telephone (561.) 243-7091 Fax No.: (561) 275-4755 AS TO TENANT: Delray Beach Community Redevelopment Authority 20 Forth Swinton Avenue IS Delray Beach, Florida 33444 Attention: Diane Colonna, Executive Director Telephone: (561) 276-8640 Fax No.: (561) 276-8558 With Copy to: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Attn: David N. Tolces, Esq. Telephone: (561) 276-9400 Fax No: (954} 771-4923 ARTICLE ~XII MISCELLA:'~TEOUS 1. Environmental Indemnity. To the extent permitted by law, and subject to the limitations contained in Section 768.28, Florida Statutes, Tenant agrees to indemnify and hold Landlord harmless from and against any and all loss, claim, liability, damages, injuries to person, property or natural resources, cost, expense, action or cause of action, arising in connection with the release or presence of any Hazardous Substances at the Prenuses, solely through the acts of Tenant, its officers, employees, contractors, agents or invitees, whether foreseeable or unforeseeable, regardless of the source of such release and when such release occurred or such presence. is discovered. The foregoing indemnity includes, without limitation, all casts in law or in equity of removal, remediation of any kind, and disposal of such Hazardous Substances; all costs of determining whether the Premises is in compliance and to cause the Premises to be in compliance with all applicable environmental laws, all costs associated with claims for damages to persons, property or natural resources, and Landlord's reasonable attorneys' and consultants' fees and costs, whether or not litigation. is instituted. For the purposes of definition, "Hazardous Substances" includes, without limitation, any toxic or hazardous wastes, pollutants (or substances, including, without limitation, asbestos, PCBs, petroleum products and by-products, substances defined or listed a`s "hazardous substances" or "toxic substances" or similarly identified m or pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9061 et. seq., hazardous materials identified in or ptusuant to the Hazardous Materials Tra~lsportation Act 49 U.S.C. Section 1802 et. seq.). Nothing in this section is intended to alter or waive the Tenant's entitlement to statutory or common law sovereign immunity, or to extend Tenant's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 2. Mold Exclusion. Tenant hereby acknowledges that Landlord has advised Tenant that it is possible for mold/mildew/fungi/microbe-related forms to grow and affect the Premises and the property therein. Tenant agrees that Landlord shall not have any liability or responsibility whatsoever for any damage, loss, claim or court expense arising out of or resulting from mold mildew/fungi/microbe-related forms in the Premises. Accordingly, Tenant hereby releases Landlord and its agents, employees, successors and assigns, from and against any and all claims 16 arising out of or relating to moldlmildew/fungi/microbe-related forms or any similar situation with respect to the Premises. lrz the event it is discovered that mold is present at the Premises then: Tenant, at its sole cost and expense, shall promptly cause the mold condition to be remediated at Tenant's sole expense unless the mold resulted from Landlord's failure t.o comply with its maintenance obligations under this Lease, in which case the remediation of the mold condition shall be undertaken by Landlord at its cost and expense. 3. Asbestos. Tenant shall comply with all regulations enacted by the Occupational Safety and Health Administration ("OSHA"), as set forth in Sections 1910.1001 and 1926.1101 of Tile 29 of the Code of Federal Regulations (the "OSHA Regulations"). In the event that Tenant performs any alterations to the Premises, Tenant shall be solely responsible for any contaminant or encapsulation of asbestos-containing materials "ACM" and materials designated by OSHA as presumed asbestos-containing materials ('`PACM") located in the Premises, or resulting remediation made necessary as a resole of Tenant's work. In addition, the following materials, if located in properties constructed prior to 1981, must, in accordance with the OSHA Regulations , be treated as PACM; any thermal system insulation and surfacing material that is sprayed on, troweled on, or. applied in some other manner, as well as any resilient flooring material installed in 1980 or earlier. Upon written request by Tenant, Landlord shall provide Tenant with copies of any information pertaining to ACM or PACM in Landlord's files. 4. Radon Gas. Pursuant to Florida Statutes, Section 404.056[6], the following disclosure is required by law: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of Radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon and Radon testing may be obtained from your county public health unit. 5. Reserved 6. Estoppel Certificates. Each party agrees, at any time and from time to time as requested by the other party, to execute and deliver to the other a statement certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same are in full force and effect as modified and stating the modifications), certifying the dates to which the Rent and other charges have been. paid, stating whether or not the other party is in default in performance of any of its obligations under this Lease, to the best of the certifying parties' knowledge, anal, if so, specifying each such default, and stating whether or not any event has occurred which, with the giving of notice or passage of time, or both, would constitute such a default, and, if so, specifying each such event. Tenant also shall include in any such statements such other information concerning this Lease as Landlord may reasonably request. 7. Reserved S. No Recordation. This Lease shall be filed with the Palm Beach County Clerh of Court as required by Section 163.01(11), Florida Statutes. 17 9. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of Florida, and in the event litigation arises between the parties in connection with any of the terms of this Lease, exclusive venue shall lie in the Circuit Court in Palm Beach County, Florida. If any provision of this Lease or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, the remainder of this Lease shall remain in full force and effect. The table of contents, captions, headings and titles in this Lease are solely for convenience of reference and shall not affect its interpretation. This Lease shall be construed without regard to any presumption or other rule requiring constn~ction against the party causing this Lease to be drafted. Each covenant, agreement, obligation or other provision of this Lease on Tenant's part to be performed shall he deemed and construed as a separate and independent covenant of Tenant, not dependent on any other provision of this Lease. All terms and words used in this Lease, regardless of the number or gender in which they are used, shall be deemed to include any other number and any ather gender, as the context may require. 10. No Partnership or Joint Venture. Nothing contained in this Lease will be deemed or construed to create a partnership or joint venture between Landlord and Tenant, or to create any other relationship between the parties other than that of Landlord and Tenant. 11. Capacity to Execute Lease. If Tenant is other than a natural person, Tenant represents that it is legally constituted, in good standing and authorized to conduct business in the State of Florida. Tenant further represents that the person who is executing this Lease on it`S behalf has the full power and authority to perform such execution and deliver the Lease to Landlord, and that upon such execution and delivery, the Lease shall be valid and binding upon Tenant in accordance with its respective terms and conditions. 12. Exculpation of Landlord. Landlord's obligations and liability to Tenant with respect to this Lease shall be limited solely to Landlord's interest in the Property and neither Landlord nor any officer, agent, or representative of Landlord, shall have any personal liability whatsoever with respect to this Lease. 13. Waiver of Trial by Jury. IT IS MUTUALLY AGREED BY AND BETWEEN LANDLORD AND TENANT THAT THE RESPECTIVE PARTIES HERETO SHALL, AND THEY )-IEREBY DO, WANE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES AGAINST THE OTHER ON ANY MATTER ARISING OUT OF OR IN ANY WAY CON1v'ECTED WITH THIS LEASE, THE RF_,LATIONS.HIP OF LANDLORD AND TENANT OR TENANT'S USE OR OCCUPANCY OF THE PREMISES, OR BY ANY COURSE OF COIvTDUCT OR COURSE OF DEALING. 14. Entire Agreement. This Lease constitutes the entire understanding between the parties and shall bind the parties, their successors and assigns. No representations, except as herein expressly set forth, have been made by either party to the other, and this Lease cannot be amended or modified except by a writing signed by Landlord and Tenant. 1~ 15. Sale of Premises by Landlord. The parties agree that Landlord has the right to sell the Building, subject to this Lease, at any time during the Lease Term. 16. Governmental Functions. a. The parties agree that this Agreement shall not constitute a waiver of any portion of the City of Delray Beach's Code of Ordinances, Land Development Regulations, or any other applicable law, code, or regulation, and that the Tenant shall comply with all applicable statutes, codes, regulations, and ordinances that apply to the Tenant's performance of its obligations pursuant to this Lease. b. To the extent approval or permission must be obtained from the City of Delray Beach, such approval or permission shall be granted or denied in accordance with applicable governmental regulations, rules, Laws, and ordinances, and no person shall have any vested rights. c. The City has not waived its sovereign immunity and the limits of tort liability set forth in F. S. X768.28(5) of X100,000.00 per person and $200,000.00 per occurrence shall apply; and d. Any action by Landlord shall be without prejudice to, and shall not constitute a linut or impairment or waiver of, or otherwise affect the Landlord's right to exercise its discretion in connection with its governmental or quasi-governmental functions. IN WITNESS ~~VIIEREOI', the parties have executed this Lease the day and year first above written. LANDLORD: ATTEST: ~~~~ ~,(~,~~~ it ]erk / f // Diu CITY OF DELRAY By: ~ ~4 ~ ~ Nelson S. McDuffie, Approved as to Form: 19 20 EXH(BtT "A" pLD SGFtODL SQUARE GARAGE N ~ ~ COlItDOlf?1AdlIl1N NOS m n 7r a ~ sD m D[N,1817 ~ La7AP7+c s: u r: M v~r ~ A PO1777pN OF TFtPG'7'A•. i LY.O Jam?106. SQL1gi1S GJ1fiR.'1E A711C PAt7K fil7E (PLAT80LIK 71S, PACIE r1 7iENG W 5~^'IDU 76. TflNhtSMRt& 7::xJ771 MNJk 43 EAS7, Cf7Y OF OFIRAY 6EJtQ: PALM 9FhQ1 COON'Y. flORlry~ ~~~~ ~ ~ NORTNMIEST ~ ~j~~ t `~1 ~ st~9 ^, f O,CT YYUCOOY/ ~ OOOfNYAY ~` mRa ~ `. i .~ i ~~_~,__ DETAfL •A' ~~ 3 scAAn +•-7P _ ~ seE 71[R111L YP-` ` ` _ i ~~ ~ ~ t Subject Unit -~ ~~' i I i i ~ RETAlL NOR'rXE1lST CQlYDOMIANtJM ~ !0289 S.F, 1 I - {~~Ef ~ WP~3YBP dlld ~f~fIEI"c, fIC. ae ,•.•~• n cwc EtlgklsBtE ~.. $IR!ByOfi. •I7C1 Ad8il0s[c h. pyp, ~ m0.i MSnfJ.1w! 016~r F~rtt F7.do STIR to- -"-"'-! f$7itU91W-Mae 1L'tt7.~37TTf-fa rrs. ~+us. 30 SUBLEASE AGREEMENT THIS SUBLEASE AGREEMENT (hereinafter referred to as the "Sublease") is made and entered into as of the of , 20 by and between Tenant the Delray Beach Community Redevelopment Agency, a Florida public agency (hereinafter referred to as "'T'enant") and the Puppetry Arts Center of the Palm Beaches, Inc., a Florida not-for-profit corporation, (hereinafter referred to as "Subtenant"). WITNESSETH: THAT Tenant, in consideration of the rents and agreements promised and agreed by Subtenant to be paid and performed, subleases to Subtenant; and Subtenant subleases from Tenant, the Premises described herein, subject to the~followirig Xerms. ARTICLE I``' DESCRIPTION OF PROPERTY; TERM 1. Description of Property. Tenant hereby subleases to Subtenant and Subtenant hereby subleases from Tenant approximately Five Thousand (5,000) rentable square feet on the first (1st) floor of the Uld School Square Parking Garage (the "Building"), as shown on Exhibit "A", which is attached hereto, and made a part of this Sublease (the "Premises"), which is located at 94 NE 2"`~ Avenue, Delray Beach, Florida, together with the right to use in common with other tenants of the Building, their invitees, customers aril employees, stairv~~ays, elevators, hallways, and all other common facilities contained in the Building and parking areas. All of the land and real property underlying or adjacent thereto, with all improvements thereto, including the Building, aild used in connection with the operation of the Building shall be referred to as the "Property". 2. Term. Subtenant shall have and`hold the Premises for a term (hereinafter referred to as the ."7`erm" or "Sublease Term''} of two (2) years commencing on October 1, 2010, or the issuai~czof the Certificate of Occupancy~to the Subtenant for the completion of Improvements to the Premises, whichever is earlier (the "Commencement Date"), and expiring on the second anniversary of the Commencement Date (the "Expiration Date"). The Tenn may be extended for additional Terms up to and including January 3I, 2015, upon the execution of an amendment to this Sublease executed by both parties. In order for Subtenant to exercise its renewal option, Subtenant must provide written notice of its intent to renew to the Tenant at Ieast sixty (60} days prior to the expiration ~f the then current term. For the purposes of this Sublease, a "Sublease Year" shall be defined as that twelve (12) month period during the Term or any extension of the "Perm commencing on the Commencement Date or the annual anniversary thereof, as may be applicable. For the purpose of this Sublease, a "Sublease Month" shall be defined as those successive calendar month periods beginning with the Commencement Date and continuing through the Term or any extension of the Term of the Sublease. ARTICLE II RE?~ T 1. Base Rent; Late Charge; Sales Tax. Subtenant shall pay in advance to the Tenant, without prior demand, in lawful money of the United States, on the first day of each month, without any deduction or off-set whatsoever throughout the ten4f this Sublease the sum of Four Hundred and 00/100 Dollars ($400.00) ("Base Rent"). Such payment shall be made at the off ce of the Tenani as set forth in this Sublease, or at such place Tenant may from time to time designate by w7itten notice directed to Subtenant at the Premises. In the event that the Commencement Date is other than the first day of the month, then the Subtenant shall pay rent for such fractional month prorated on the basis of a thirty (30) day month. Subtenant shall pay the first month's rent at the time of execution of this Sublease in order to guarantee the Subtenant's faithful performance of its obligations_ as provided in this Sublease. Ori` or before January 1, 20 ] 1, the Subtenant shall make a one time payment to. the Tenant in the amount of $400, which shall represent the last month's rent under this Sublease: The Tenant shall apply the last month's rental payment to the last month of the Sublease, or in the event Subtenant breaches the lease, the "Tenant shall be entitled to retain the last month's rent payment to be applied to the payment of any Rent, or additional sum due hereunder by Subtenant. The last month's rent retained by Tenant shall in no way be construed as liquidated damages, and Tenant does not waive its right to seek additional damages from Subtenant for any loss or damages sustained due to Subtenant's breach. Tenant shall not be required to keep this last month's rent separate from its general funds, and Subtenant shall not be entitled to :interest on the last month's rental payment 2. Security lleposit. On or before January 1, 2011; Subtenant shall deposit with 'Tenant the sum of ONE THOUSAND DOLLARS ($1,000.00). This Security Deposit shall be submitted to Tenant by certified check, cashier's check, money order, or cash simultaneously with the execution of this Sublease. Said sum shall be held by Tenant, as security for the faithful perforriiance by Subtenant of all terms, covenants and conditions of this Sublease to be kept and performed by Subtenant during the Term hereof. In the event of a breach of the Sublease by Subtenant, all of the Security Deposit as of the date of Subtenant's breach shall be retained by Tenant to be applied toward the payment of any Rent, or additional sum due hereunder by Subtenant, or to any loss or-damage sustained by Tenant due to any breach by the Subtenant, any excess deposit shall he returned to the Subtenant forthwith upon termination of the Sublease. The amou~lt retained by Tenant shall in no way be construed as liquidated damages, and Tenant does not waive its right to seek additional damages from Subtenant for any loss or damages sustained due to Subtenant's breach. Tenant shall not be required to keep this Security Deposit separate from its general funds, and Subtenant shall not be entitled to interest on the Security Deposit. 3. Taxes. Subtenant acknowledges that it shall be responsible for the payment of any and all real property taxes as well as any special assessments imposed against the Premises. Subtenant shall further pay, or cause to be paid, before delinquency, any and all taxes levied or assessed and which become payable during the Term hereof upon all Subtenant's equipment, furniture, fixtures, and any other personal property located in the Premises. In the event any or all of Subtenant's equipment, furniture, fixtures and other personal property shall be assessed and taxed with the Property, Subtenant shall pay to Tenant its share of such taxes within ten (1 O) days after delivery to Subtenant by Tenant of a statement in writing setting forth the amount of such taxes applicable to Subtenant's property. Subtenant shall at all times be further responsible for all applicable taxes including, but not limited to, Florida Sales Tax arising out of or associated with this` Sublease. Subtenant shall provide to Tenant at the time of execution of the Sublease, and each year thereafter, a copy of its certificate of tax exemption. Subtenant shall assume full responsibility for all mechanic's or materialman's liens for work done on the Premises by or on behalf of Subtenant which may be hereafter lawfully levied against the subleased premises. 4. Payment Without Notice or Demand. The Base Rent called for in this Sublease shall be paid to Tenant without notice or demand, and without counterclaim offset, deduction, abatement, suspension, deferment, diminution or reduction. Subtenant hereby waives all rights now or hereafter cot~fen•ed to any offset, deduction, abatement,; suspension, deferment, diminution or reduction of the Base Rent on accountof any such circumstances or occurrence. 5. All monthly obligations owed by Subtenant to: Tenant shall be deemed rent. b. The parties acknowledge that the Premises are currently exempt from any ad valorem taxes and assessments. In the event, during the Sublease Term, it is determined that any taxes are due and owning, it shall be the Subtenant's responsibility to remit the taxes to the Tenant. The Tenant shall then remit any tax pa~~ments to the Landlord or the applicable taxing authority. 7. Place of Payment. All payments of rent, or any other charges imposed pursuant to this Sublease shall be made and paid by Subtenant to: Executive Director City of Delray Beach Community Redevelopment Agency 20 N. Swinton Avenue Delray Beach., Florida 33444 or at such other place as Tenant may, from time to time, designate in writing to Subtenant. All payments shall be payable in current legal tender of the United States, as the same is then by law cotlstituted. 8. Subtenant shall be solely responsible for and shall promptly pay all charges for electricity, telephone, water, sewer, gas, daily janitorial service and refuse removal, interior and 3 exterior window cleaning, and all other services and utilities and shall also pay all costs and expenses for the installation of such Utilities and for the extension of any and all lines necessary to provide such Utilities and services to the Premises, and all connection fees, assessments and charges related thereto. Subtenant shall be responsible for, and pay all charges associated with a maintenance agreement, for the air conditioning system, in order to insure the maintenance of the air conditioning system, a11d shall provide proof of such agreement to the Tenant. 9. Late Payment Charge. In the event any monthly installment of Rent and/or other charges is not paid within ten (10) days of its due date, as set forth in this Sublease, Subtenant agrees to pay as a late charge an amount equal to five percent (5%) of the monthly installment of Rent that is due and payable as compensation to Tenant for its additional administrative expenses in processing late payments. ARTICLE III NET`LEASE NET SUBLEASE INTENDED UNLESS EXPRESSLY PROVIDED OTHER~~VISE. Subtenant acknowledges and agrees that it is intended that this Sublease shall be a Net Sublease to "Tenant, except as otherwise provided herein. Subtenant shall pay the charges, impositions, costs and expenses relating to environmental matters, fire and life safety codes, employee health and safety and the American's With Disabilities .Act, all with respect to Subtenant's particular use on the Premises, and the operation of its business, except to the extent that any such charges, costs, or expenses arise out of, or results from, the acts or gmissions of Tenant its agents, employees, or contractors ARTICLE IV USE OF PROMISES 1. Subtenant shall use the Premises for the following purposes: Puppet theatre, musewn of puppetry, workshop space,. exhibition space, and gift shop. As the space is located in a public facility, -the Subtenant shall insure that activities are accessible to the public, and that activities promote the diversity of Delray Beach. The Subte~~ant shall insure high quality and variety of performances, workshops, and exhibits. Prior to commencing any other use on the Premises, the Subtenant shall first obtain the written consent of the Tenant, such consent shall not be unreasonably withheld. Subtenant shall not use or permit the use of the Premises or any part thereof for any unlawful purpose, or in violation of any ordinances, laws, rules or regulations of any governmental body. Subtena~~.t shall not do or permit any act which would constitute a public or private nuisance or waste or which would be a nuisance or annoyance or cause damage to Tenant or Tenant's other subtenants, or which would invalidate any policies of insurance or increase the premiums thereof; now or hereafter written on the Building and/or Premises. 2. Operating Hours. Subtenant must maintain the Premises with activities and open to the public as follows: 4 a. A minimum of 30 hours per week of operating hours. b. Minimum operating hours must include 10 hours on weekends (Saturday and Sunday). c. Minimum operating hours must include evenings on Thursdays, Fridays and Saturdays, from 6:OOPM to 9:OOPM. d. During City sponsored events on Pineapple Grove Way (NE 2"`~ Avenue},the Premises shall be opened for at least fifty (50%) of the time of the event. Tenant shall provide Subtenant with thirty (30) days notice of any City sponsored event for which this provision would apply. ARTICLE V PARKING - Subtenant shall have the right to use of zero {0) designated parking spaces. All parking spaces not designated for other tenants of the Building shall be available on a first come first serve basis. In the event that Subtenant desires to reserve parking spaces for Subtenant's exclusive use, Subtenant may request Tenant to request that the Landlord designate reserved spaces for Subtenant's use at a charge to be determined by the Landlord, :provided, however, Tenant shall not be required to grant Subtenant an exclusive right to use any parking spaces. In the event the Landlord imposes a fee for parking at the Property, the parties agree to enter into a license agreement, or other form of agreement, to provide for the Subtenant to have a reasonable number of parking spaces available for,;its use at no cost.,, ARTICLE VI ACCEPTANCE OF Ti3E PREMISES Subtenant acknowledges that Tenatrt has not made any representations or warranties with respect to the condition of the Premises and neither Tenant nor any assignee of Tenant shall be liable for any latent defect therein. The taking of possession of the Premises by Subtenant shall be conclusive evidence that the Premixes were in good and satisfactory condition at the time such possession was taken. If Tenant shall give Subtenant permission to enter into possession of the Premises prior to the Commencement Date, such possession or occupancy shall be deemed to be upon all the terms, covenants, conditions, and provisions of this Sublease. This Sublease and all actions taken by 'Tenant.,,:and Subtenant are subject to the terms and conditions of the Lease entered into between the City of Delray Beach and the Tenant dated January 11, 2010, as may be amended from time to time. A copy of the Lease between the City of Delray Beach and the Tenant is attached hereto as Exhibit "B", and incorporated herein by reference. ARTICLE VII SUBTENANT AND TENANT OBLIGATIONS 1. Subtenant's Obligations. Upon providing prior notice, and subject to the Subtenant's written consent, Tenant may perform, at Subtenant's expense throughout the Sublease Term, any repairs to the fixtures and appurtenances within the Premises and Subtenant's property. Said expenses shall be reasonable and approved by Subtenant in writing. In the event Subtenant does not keep and maintain the Premises to Tenant's satisfaction or make the said repairs or replacements within fifteen (15) days after notice from Tenant, or in case of repair which, for causes beyond Subtenant's control cannot with due diligence be cured within said period of fifteen (15) days, and Subtenant shall not have promptly after notice commenced such repairs and thereafter diligently prosecuted same to completion, within a reasonable time, then Tenant may, in addition to any other remedies it may have under law or this Lease, enter upon the Premises and maintain the Premises and/or make the said repairs or replacements itself, as the case may be, and charge the cost thereof to Subtenant as Additional Rent. 2. Tenant's Obligations. Tenani shall maintain, at its expense, the structural, functional and systemic aspects of the Building, including the roof, foundation, load-baring walls, general building maintenance, walkways, corridors, elevators, sidewalks, landscaping, and parking areas (hereinafter referred to as "Common Areas"). If Subtenant at any time shall give notice to Tenant that Tenant has failed to comply in any respect with the provisions hereof, Subtenant may perform all repairs and other work specified in such notice no later than thirty (30) days from the date that the notice is provided to Tenant. The time to perform such repairs may be extended by the Subtenant upon receipt of a written request from Tenant. Any extension of time for the completion of repairs or other work must be in writing, and executed by the,.Subtenant's representative. The Subtenant agrees that the Tenant shall not be responsible for any claims for damage to person or property that results from `any `improvements constructed or installed by the Subtenant on the Building or Premises. 3. Floor Loads; Noise and Vibration. _ Subtenant shall not place a load upon any floor of the Premises which exceeds the load per square foot, which such floor was designed to carry or which is allowed ry law. Business machines and mechanical equipment belonging to Subtenant which cause noise, electrical interference or..vibration that may be transmitted to the structure of the Building or to the Premises to such a degree as to be objectionable to Tenant shall, upon prior written notice from Tenant to Subtenant, at Subtenant's expense, be placed and maintained by Subtenant in settings of cork, rubber, or spring-type vibration eliminators sufficient to eliminate such noise, electrical. interference or vibration. 4. Tenant Sewices. Tenant shall furnish to Subtenant only services to the Common Areas for the general use of Subtenant. Should any equipment or machinery breakdown or for any cause cease to function properly, Tenant shall use reasonable diligence to repair the same promptly, but Subtenant shall have no claim for rebate of rent or damages on account of any interruptions in service occasioned thereby or resulting therefrom. In the event Tenant does not provide the service to the Common Areas within fifteen (15) days after notice from Subtenant, or in case. of repair which, for causes beyond Tenant's control cannot with due diligence be cured within said period of fifteen (15) days, and Tenant shall not have promptly after notice commenced such repairs and thereafter diligently prosecuted same to completion, within a C reasonable time, then Subtenant may, in addition to any other remedies it may have under law or this Lease, perform the services to the Common Areas, and charge the cost thereof to Tenant. 5. Subtenant Services. Subtenant shall pay promptly or cause to be paid all charges for gas, electricity, light, heat, power, telephone and other utilities and services used, rendered or supplied to, upon or in connection with the Premises throughout the Term. Subtenant shall cause the Premises, including the exterior and interior of the windows thereof, to be cleaned in a manner standa~•d to the Building. Subtenant shall be solely responsible for all telephone, television, cable and other communication expenses incurred in connection with Subtenant`s' use of the Premises. Subtenant shall be responsible for maintaining in good condition and. repair, all air conditioning and heating systems, exterior windows, security systems, interior aild exterior doors, walls, flooring and ceiling, and all electrical and plumbing systems located within the Premises. ARTICLE VIII TENANT'S AND SUBTENANT'S PROPERTY 1. Tenant's Property. All fixtures, equipment, improvements aizd appurtenances attached to or built into the Premises at the commencement of, or during the Tenn of this Sublease, whether or not by or at the expense of Subtenant, shall be and remain a: part of the Premises and shall be deemed the property of Tenant ("Tenant's Property") and shall not be. removed by Subtenant except as set forth herein. 2. Subtenant`-s Property. Subtenant shall be responsible for the build out of the Premises, including ,the flooring, plumbing, electrical, air conditioning, interior walls, which includes the wall between the Premises acid the space to be used by the other subtenants, and the ceiling. A copy of Subtenant's 1~Ioor Plan with all. proposed improvements is attached hereto as L+'xhibit "C". <~ny alterations or amendt~ients'tii' fie Floor Plan shall be approved, in writing, by Tenant, prior to commencement of any alterations to the Premises. All business and trade fixtures, machinery and equipment, communications equipment and office equipment, whether or not attached t4:or built into the Premises, which are installed in the Premises by or for the account of Subtenant without expense to Tenant and which can be removed without damage to any fixture or `Tenant Improvement nor structural damage to the Building, and all furniture, furnishings and other articles of moveable personal property owned by Subtenant and located in the Premises (hereinafter collectively referred to as "Subtenant's Property") shall be and shall remain the property of Subtenant, and may be removed by Subtenant at any time during the Term of this Sublease so long as Subtenant's obligations are current and no default exists under this Sublease. In the event Subtenant's Property is so removed, Subtenant shall repair or pay the cost of repairing any damage to the Premises or to the Building resulting from the installation and/or removal thereof and restore the Premises to the same physical condition and layout as they existed at the time Subtenant was given possession of the Premises, normal wear and tear excepted. Any equipment or other property for which "Tenant shall have granted any allowance or credit to Subtena~it shall not be deemed to have been installed by or for the account of Subtenant without expense to Tenant, shall not be considered Subtenant's Property ar~d shall be deemed the property of Tenant. 3. Removal of Subtenant's Property. At or before the Expiration Date of this Sublease, or within five (5) days after any earlier termination hereof, Subtenant, at its expense, shall remove from the Premises all of Subtenant's Property (except such items thereof as Tenant shall have expressly permitted to remain, which property shall become the property of Tenant), and Subtenant shall repair any damage to the Pretises or the Building resulting from any installation and/or removal of Subtenant's Property, and shall restore the Premises to the same physical condition and layout as they existed at the time Subtenant was-;:given possession of the Premises, reasonable wear and tear excepted. In connection with its obligations set forth herein, Subtenant specifically acknowledges that it shall be solely responsible prior to the expiration or earlier termination of the Sublease for the removal of all of its computer and telecommunication- related equipment, including but not limited to, all wiring and cabling installed in connection therewith, unless Tenant, in its sole discretion, consents irt::;writing to Subtenant leaving such equipment, wiring or cabling at the Premises. Tenant.agrees that any cabling or wiring installed during the Sublease Term shall be subject to Tenant's prior consent, which consent shall not be utueasonably withheld, and shall comply, at Subtenant's sole host and expense, with all the requirements of the National Electric Code {NEC) and applicable national, state `and local rules, regulations, laws and fire and safety codes. Any other items of Subtenant's Property which shall remain in the Premises after the Expiration Date of this Sublease, or the earlier termination thereof, may, at the option of Tenant, be deemed to have been abandoned, and in such case, such items may be retained by, or otherwise disposed of by Tenant. Tenant may request Subtenant to remove and pay to Tenant the cost of repairing atxy damage to the Premises or the Building resulting from any installation and/or removal of Subtenant's Property and the cost of restoring the Premises to the same physical condition and layout as they existed at the time Subtenant was given possession of the;Premises, reasonable wear and tear excepted. . ARTICLE IX DESTRUCTION OF PREIV7ISES If, during the Term hereof, the Premises and/or the Building are damaged by reason of fire or other casualty, Subtenant shall give immediate notice thereof to Tenant. Tenant may restore the Premises and/or the Building to substantially the same condition they were in immediately before said destruction. Tenant, at its election, may restore the Premises and/or the Building, within a reasonable period of time, and this Sublease shall continue in full force and effect. Rent shall be abated during the period in which the Premises (or portion thereof on a prorated basis} are rendered untenantable as a result of such damage, unless said damage was caused by the negligence or intentional wrongful act of Subtenant or its officers, employees, agents or invitees. The. Subtenant and Tenant may enter into an amendment to this Sublease to provide for the abatement of rent in the event the Premises shall become untenantable during the Term of the Sublease. Should Tenant elect to terminate this Sublease, the entire insurance proceeds shall be and remain the outright properly of Tenant, except any proceeds received for Subtenant's Property, or proceeds received from Sr~btenant's business interruption insurance, if any. ARTICLE X ALTERATIONS AND MECHANIC'S LIENS 1. Alterations by Subtenant. No alterations to the Premises shall be made by Subtenant unless the following conditions are met: A. Subtenant shall provide a sealed set of plans prepared and certified by an architect to Tenant, and Subtenant shall have received the prior written consent of Tenant, which shall not be unreasonably withheld or delayed. B. All such alterations or improvenierts,shall be performed by a licensed contractor. C. Subtenant shall have procured all permits, licenses acid other authorizations required for the lawful and proper undertaking thereof, and immediately upon completion of any such alterations, Subtenant shall obtain a proper Certificate of Occupancy and deliver same to Tenant. D. All alterations when completed shall be of such a nature as not to (i} reduce or otherwise adversely affect the value of the Premises; (ii) diminish the general utility or change the general character thereof;_;(iii) result in an increa$e of the Operating Expenses, or (iv) adversely affect the mechanical, electrical, plumbing, security or other-such systems of tl~e Building or the Premises. E. All alterations :made by Subtenant shall remain on and be surrendered with the Premises upon:expiration or the earlier termi~afon of this Lease. 2. Mechanic's, 1Vlaterialman's and Laborer's Liens. Subtenant agrees that it will make-full and prompt payment of all sums necessary to pay for the cost of repairs, alterations, improvements, changes or other work done by Subtenant to the Premises and further agrees to indemnify and hold harmless Tenant and the City of Delray Beach from and against any and all such costs and liabilities incurred by Subtenant, and against any and all mechanic's, materialman's or laborer's liens arising out of or from such work or the cost thereof which may be asserted, claimed or charged against the Premises or the Building or Property. The interest of Tenant and the City of Delray Beach in the Property shall not be subject to liens for improvements made by or for Subtenant, whether or not the same shall be made or done in accordance with any agreement bet~jeen Tenant and Subtenant. This Sublease specifically prohibits the subjecting of Tenant's or the City of Delray Beach's interest in the Property to any mechanic's, materialman's or laborer's liens for improvements made by Subtenant or for which Subtenant is responsible for payment tinder the terms of this Sublease. Subtenant shall have no power or authority to create any lien or permit any lien to attach to the present estate, reversion, or other estate of Tenant or the City of Delray Beach in the Property and all mechanics, 9 materialmen, contractors, artisans, and other parties contracting with Subtenant or its representatives or agents are hereby charged with notice that they must look to Subtenant to secure payment of any bill for work done or material furnished or for any other purpose during the term of the Sublease. In addition to the foregoing, the Subtenant shall notify any of its contractors making any improvements to the Property of the terms of this provision, and Subtenant acknowledges that its knowing and willfirl failure to provide said notice to the contractor(s) shall render the contract between the Subtenant and the contractor(s) voidable at the option of the contractor(s). In the event any notice or claim of lien shall be asserted of record against the interest of Tenant or the City of Delray Beach in the Premises or Building or the site art which it is located on account of or growing out of any improvement or work done by or for. Subtenant, or any person claiming by, through or under Subtenant, for improvements or work tl~ cosf'`of which is the responsibility of Subtenant, Subtenant agrees to use its best efforts to have such notice of claim of lien canceled and discharged of record as a claim against the interest; of Tenant or the City of Delray Beach in the Premises or the Building or Property (either by payment or bond as;;:permitted by law) within thirty (30) days after notice to Subtenant by Tenant, and in the event Subtenant shad fail to do so, Subtenant shalt be considered in default under this Sublease. Subtenant shall, prior to any work being performed, ai Tenant's request, ez~ecute and record airy such recordable documents as are necessary to evidence Tenant's non-responsibility to potential lienors. ARTICLE XI `:ASSIGNMENT Ai~ID SUBLETTING I. This Sublease shall be non-assignable by Subtenant. 2. <"tenant shall have the right~to ,sell; assign, or otherwise encumber or dispose of Tenant's interest in the Building, the Property, the Premises and this Sublease. In the event of any such disposition, Tenant shall have no further liability or obligation to Subtenant under this Sublease. ARTICLE XII OBLIGATION TO COMPLY 1. Obligations of Subtenant. Subtenant shall, during the Term of this Sublease, at ifs sole cost and expense, comply with all valid laws, ordinances, regulations, orders and requirements of any governmental authority which may be applicable to the Premises or to its use, whether or not the same shall interfere with the use or occupancy of the Premises arising frorn (a) Subtenant's use of the Premises; (b) the manner or conduct of Subtenant's business or operation of its installations, equipment or other property therein; (c} any cause ar condition created by or at the instance of Subtenant; or {d) breach of any of Subtenant's obligations hereunder, whether or not such compliance requires work which is structural or non-structural, ordinary or extraordinary, foreseen to or unforeseen. Subtenant shall pay all of the costs, expenses, fines penalties and damages which may be imposed upon Tenant by reason or arising out of Subtenant's failure to fully and promptly comply with and observe the provisions of this Section. Subtenant shall give prompt notice to Tenant of any notice it receives of the violation of any law or requirement of any public authority with respect to the Premises or the use or occupation thereof. Subtenant's obligation to comply with laws shall include, without limitation, those laws and regulations contemplated by this Sublease, Title III of the Americans With Disabilities Act of 1990, as Amended, and the Florida Clean Indoor Air Act (FCIAA) stating a person may not smoke in an enclosed indoor ~yorkplace. In the event Subtenant receives any notice alleging violation of any of the aforementioned laws, ordinances, regulations, orders, rules or requirements relating to any portion of the Premises, the Building or of the Property; or any notice of regulatory action or investigation instituted in connection therewith, Subtenant shall provide written notice to Tenant thereof within ten (10) days after receipt of same by Subtenant, 2.. Attorneys' Fees. In corulection wi_.tl'i any litigation, mediation, arbitration, special proceeding or other proceeding arising out of the Sublease, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees through and including airy appeals and any post- judgment proceedings. Tenant's liability for costs and reasonable attorney's fees, however, shall not alter or waive Tenant's entitlement to sovereign immunity, or extend Tenant's liability beyond the limits established in section 768.28, Florida Statutes, as amended. ARTICLE XIII RIGHT OF TENANT TO PERFORM SUBTENANT'S COVENANTS 1. Payment. ar Performance. Tenant shall have the right, upon ten (l0} days prior written notice to Subtenant {or without notice in the case of emergency or in order to avoid any fine, penalty or cost:whichanay otherwise be imposed br incurred) to make any payment or perform any act required of Subtenant under any provision in this Sublease, and in exercising such right, to incur necessary and incidental costs and expenses, including reasonable attorneys' fees. Nothing herein shall imply any obligation on the part of Tenant to make any payment or perform any act required of Subtenant, and the exercise of the right to do so shall not constitute a release of any obligation, waiver of airy default or obligation of Tenant to make any similar payment or perform airy similar act in the future. 2. Reimbursement. All payments made, and all costs and expenses incurred in connection with Tenant's exercise of the right set forth in Paragraph l above, shall be reimbursed by Subtenant within ten (10) days after receipt of a bill setting forth the amounts so expended. Any such payfirients, costs and expenses made or incurred by Tenant shall be treated as Additional Rent owed by Subtenant. ARTICLE XIV INDEMNIFICATION, SOVEREIGN IMMUNITY, AND INSURANCE 1. The Tenant is a state agency as defined in §768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third Parties in any matter arising out of this Agreement. 2. Indemnification by Subtenant. Subtenant agrees to indemnify and hold the Tenant and the City of Delray Beach and its officers, agents, employees and imritees harmless against and from any and all claims from or in connection with; (a) the conduct or management of the Premises or any business therein, or any condition created (other than by Tenant} in or about the Premises during the Tenn of this Sublease or during the period of time,' if any, prior to the Commencement Date that Subtenant may have been given access to the Premises; (b} any act, omission or negligence of Subtenant or any of its subtenants or licensees or its or their partners, directors, officers, agents, employees or contractors; (c) any.,;accident, injury or damage whatsoever (unless caused solely by Tenant's gross negligence} occurring in, at or upon the Premises; and (d} any breach or default by Subtenant in the foil and prompt payment and performance of Subtenant's obligations under this Sublease, together with all costs, expenses and liabilities incurred in or in connection with each such claim, action a~ proceeding brought against Tenant or the City of Delray Beach, and/or their employees, including, without limitation, all'- reasonable attorneys' fees and expenses. In case any action or proceeding is brought against Tenant or the City of Delray Beach, Subtenant, upon notice from "Tenant, shall resist and defend such action or proceeding (by counsel reasonably satisfactory to Tenant at Subtenant's sole cost and expense. 3. Insurance. Subtenant shall, at its expense, procure and continue in force commercial general liability insurance with a limit of not less than One Million Dollars ($1,000,000.00) per occurrence, Thtee Million Dollars ($3,000,000.00) in the annual aggregate, or such greater amounts as may be required by Tenarit from time to time in accordance with industry standards..- All personal property of Subtenant located in the Premises shall be placed therein at Subtenant's sole risk and Tenant shall have no liability for any loss or damage suffered to such personal property unless such damage is proximately caused by the negligence of Tenant. Subtenant shall also procure and maintain throughout the Term and any extensions thereof, a comprehensive property policy, including special perils inswing all of Subtenant's property and all improvements in an amount which will insure the replacement value of Subtenant's property and the improvements. Any insurance policies hereunder will name Tenant and the City of Delray Beach as additional insureds, and Subtenant will furnish Tenant evidence of such inswance coverage by way of an endorsement to same or a certificate of insurance no later than (10) days prior to the Conunencement Date, unless otherwise sooner requested by Tenant. Ail such insurance will be with an insurance carrier acceptable to Tenant, and who must have a rating of no less than "excellent" by A.M. Bests. All such insurance policies may not be modified or terminated without thirty (30) days' prior written notice to Tenant. 12 Upon the default of Subtenant in effecting any such insurance, Tenant may procure any such comparable insurance, and/or pay the premiums and other charges incidental thereto, and any and all reasonable amounts so paid by Tenant, together with the interest thereon from the date of such payment at the rate of 10% per annum, shall be additional rent hereunder, and shall be paid with the next and subsequent installment of fixed rent, which shall become due after such payment by Tenant, it beuig expressly agreed that the payment by Tenant of any such premium shall not be deemed to waive or release the default in the payment thereof by Subtenant, or the right of Tenant to take such action as may be permissible hereunder, as is the case of default. in the payment of fixed rent. Subtenant will cooperate with Tenant and Tenant will cooperate with Subtenant in connection with the collection of any insurance monies that may be due inahe`event of loss, and will execute and deliver to Tenant such proofs of loss, and any other iri5tn.~ments that may be required for the purpose of facilitating the recovery of any such insurance monies, acid in the event that Subtenant shall fail or neglect to so cooperate or to execute,:.acluiowledge and deliver any such,nstrument, Tenant in addition to any other remedies, may, as the agent or attorney in fact of Subtenant, execute and deliver any proofs of loss, and any other instruments as may lie desirable to Tenant for the collection of such insurance monies, and Subtenant hereby irrevocably nominates, constitutes and appoints Tenant, Subtenant's proper acid legal attorney in fact for such purpose, hereby ratifying all that Tenant may do as such attorney in fact of Subtenant. Tenant will cooperate with Subtenant in the same manner and to the same extent as Subtenant is required to coo..perate hereunder. ARTiCLE`XV DEFAULT 1. Events of Default. Subtena~It shall be in default under this Sublease if any one or more of the following events shall occur: A. Subtenant shall fail to pay airy installment of the Rent or any other expenses called for hereunder as and when the same-shall become due and payable; or B. Subtenant shall default in the performance of or compliance with any of the other terms or provisions of this Sublease, and such default shall continue for a period of fifteen (1 S) days after the giving of written notice thereof from Tenant to Subtenant, or, in the case of any such default which cannot, with bona fide due diligence, be cured within said fifteen (1 S) days, Subtenant shall fail to proceed within said fifteen (1 S) day period to cure such default and thereafter to prosecute the curing of same with all due diligence (it being intended that as to a default not susceptible. of being cured with due diligence within such period of fifteen (1S) days, the time within which such default may be cured shall be extended for such period as may be necessary to permit the same to be cured with bona fide due diligence); or C. Subtenant shall assign, transfer, or encumber this Sublease or sublet the Premises in any mamier; or 13 D. Subtenant shall f le a voluntary petition in bankruptcy or any Order for Relief be entered against it, or shall file any petition or answer seeking any arrangement, reorga.iuzation, composition, readjustment or similar relief under any present or future bankruptcy or other applicable law, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Subtenant of all or any substantial part of Subtenant's properties; or E. If any creditor of Subtenant shall file a petitions, in bankruptcy against Subtenant or for reorgaiuzation of Subtenant, under state or federal law, and`if such petition is not discharged within ninety {90) days after the date on which it is filed;'-or F. Subtenant shall vacate or abandon the Premises, then, and in such event, or during the continuation thereof (subject to the time pericd`'described in subparagraph (B) above, Tenant may, at its option, by written notice to Subtenant, designate a date not less than five (5) days from the giving of such notice on which this Sublease shall end; and thereupon, on such date, this Sublease and all rights of Subtenant hereunder shall terminate.. Such temlination by 'T'enant shall not affect the remedies of 'T'enant provided in this Sublease. 2. Surrender of Premises. 'Upon any termination of this Sublease, Subtenant shall surrender the Premises to Tenant, and Tenant, at any time after such ,termination, may, without fiu-lher notice, re-enter and repossess the Premises without being liable to any prosecution or damages therefore, and no person claiming through orunder Subtenant or by virtue of any statute or of any order of any court shall be entitled to possessit"n of the Premises. 3. Re-letting. At any time or from time to time after any such termination of this Sublease, Tenant may re-let the Premises or any parr thereof, in the name of Tenant or otherwise, for such term or terms and on such conditions as Tenant, in its sole discretion, may determine, and may collect and receive the rents therefore. Tenant shall not be responsible or liable for any failure to re-let the `Premises or any part thereof or for any failure to collect any rent due upon such re- letting. , 4. Survival of Obligations. No termination, pursuant to this Article, shall relieve Subtenant of its liability and obligations under this Sublease, and such liability and obligations shall survive any such termination. Any Rent or other monetary obligation of Subtenant that has been abated, deferred or forgiven :by Tenant in this Sublease or any amendment thereto, and the cost of all Subtenant Improvements provided or paid for by Tenant pu~•suant to this Sublease, shall irrunediately become due and payable upon the occurrence of an event of default by Subtenant under this Sublease. 5. Holdover. Should Subtenant hold over and remain in possession of the Premises at the expiration of any Tenn hereby created, Subtenant shall, by virtue of this Section, become a tenant-at-sufferance and shall pay Tenant twice the Rent per month of the last monthly installment of Rent above provided to be paid. Said tenancy shall be subject to all the conditions acid covenants of this Sublease as though the same had been atenancy-at-sufferance instead of a tenancy as 14 provided herein, al~d Subtenant shall give to Tenant at least thirty (30} days prior written notice of any intention to remove from the Premises, and shall be entitled to ten (10) days prior notice of any intention of "Tenant to remove Subtenant from the Premises in the event Tenant desires possession of the Premises; provided, however, that said tenant-at-sufferance shall not be entitled to ten (l0) days notice in the event the said Rent is not paid in advance without demand, the said ten (10) days written notice being hereby expressly waived. ARTICLE XVI RE~~IEDIES 1. Remedies. Upon the occurrence of any event of default, Tenant shall be entitled to all remedies available to it under Florida law, including, bui notaimited to, the filing of suit for the recover of all monetary damages sustained by Tenant as a result thereof. In addition to its statutory and common law remedies in the event,pf a default by Subtenant, Tenant shall also be entitled, at its option, to exercise any one or more of the followin~retnedies: A. Termination. Tenant shall be entitled to declare this Sublease terminated and the term ended and/or shall have the~~mmediate right of re-entry and may remove all persons and property from the Premises in accordance with Florida taw and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Subtenant, without evidence of notice and without being deemed, guilty of trespass or becoming liable for any loss or damage which may be occa~7oned thereby so long as all actions taken by "Tenant were in accordance with Florida law. B. Right to Re-Let. Tenant may elect to re-enter the Premises, either by taking possession pursua~•tt to legal proceedings or otherwise, and may either terminate this Sublease or it may from time to time, without terminating this Sublease, make such alterations and repairs"as may be necessary in order to re-let the Premises, and re-let the Premises or any part thereof for such term or terms (which may be for a term extending beyond the term of this SubleiY~e) and at such rental or rentals and upon such other terms and conditions as Tenant in its sole discretion may deem advisable. No such re-entry or taking possession of the Premises by Tenant shall be construed as an election on its part to terminate this Sublease unless a written notice of such intention is gi~~en to Subtenant, or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination, Tenant may at any time hereafter elect to terninate this Sublease for such previous breach. Should Tenant at any time terminate this Sublease for any breach, in addition to any other remedies it may have, it may recover from Subtenant all damages it may incur by reason of such breach, including the cost of recovering the Premises and reasonable attorney's fees, which amount shall be immediately due and payable from Subtenant to Tenant. ARTICLE XVII EMINEI~'T DOMAIN 15 If the Premises or any part thereof shall be taken in condemnation proceedings or by the exercise of the right of eminent domain or by agreement with the authority empowered to exercise such right, this Sublease shall automatically terminate as of the date of such taking. Tenant shall be entitled to collect an award from such condemnation proceedings less any interest which Subtenant is entitled to receive as part of the condemnation proceedings. Subtenant shall execute any and all documents which may be required in order to permit Tenant and Subtenant to collect the award. ARTICLE XVIII QUIET ENJOYMENT Tenant agrees that Subtenant, upon paying all Rent and all other charges herein provided for and observing and keeping the covenants, agreements, teens' acid conditions of this Sublease and the rules and regulations of Tenant affecting the Premises on`its part to be performed, shall lawfully and quietly hold, occupy and enjoy the Premises during<he Tenn hereof, expressly subject. to the terms, limitations and conditions contained in this Sublease. ARTICLE XIX TENANT'S RIGHT OF ACCESS 1. Access for Maintenance and Repair. Except for the space within the inside surfaces of all walls, hung ceilings, floors, winnows and doors bounding the Premises, all of the Tuilding including, without"limitation, exterior walls, core irtterior walls and doors and any core corridor entrance, any,-terraces or roofs adjacent to the Premises and any space in or adjacent to the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other facilities of the Building, and;iJie arse thergof, as well as access thereto throughout the Premises for the purposes of operation, maintenance, decoration and repair, are reserved to Tenant. Tenant reserves the right, and Subtenant shall permit Tenant, upon providing reasonable notice, to install,. erect, use and maintain pipes, ducts.:and conduits in anal through the Premises. Tenant shall be allowed to take all materials into and''upon the Premises that may be required in connection therewith, without any liability to Subtenant and without any reduction of Subtenant's covenants and obligations hereunder. Tenant and its agents shall have the right to enter upon the Premises for the purpose of making any repairs therein or thereto or, upon reasonable notice to Subtenant for any other purpose, which shall be considered necessary or desirable by Tenant, in such a manner as not td unreasonably interfere with Subtenant in the conduct of Subtenant's business on the Premises; and in addition, Tenant and its agents shall have the right to enter the Premises, as Tenant deems reasonably necessary or desirable, at any time in cases of emergency to all or any part of the Building. 2. Access for Inspection and Showing. Upon reasonable notice to Subtenant and during nornzal business hours, Tenant and its agents shall have the right to enter and/or pass through the Premises at any time to inspect or examine the Premises and to show them to prospective purchasers, mortgagees or lessees of the Building. During the period of six (6) months prior to the Expiration Date of tlus Sublease, Tenant and its agents may exhibit the Premises to prospective tenants. 3. Tenant's Alterations and Improvements. If, at any tune, any windows of the Premises are temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building, or if any part of the Building, other than the Premises, is temporarily or permanently closed or inoperable, the same shall he without liability to Tenant and without any reduction or diminution of Subtenant's obligations under this Sublease. Upon providing prior notice to the Subtenant, Tenant reserves the right to make such changes, alterations, additions and improvements in or to the Building az~d the fixtures and equipment thereof, as well as in or to the street entrances, doors, halls, pas"sages, elevators, escalators and stairways thereof, and other public portions of the Building and the Properly, as Tenant shall deem necessary or desirable, and no such alterations or changes shall; be deemed a breach of Tenant's covenant of quiet enjoyment or a constructive eviction. ARTICL>E~~ XX SIGNS AND OBSTRUCTION 1. Signs. Subtenant shall nat place or suffer to be placed or maintained upon any exterior door, roof, wall or window of the Premises or the Building, a.ny sign, awning, canopy or advertising matter of any kind, and will not place or maintain, any decoration, lettering or advertising matter on the glass of any window or door of the Premises except as consented to by Tenant, such consent shall not be unreasonably withheld. Said Building signage shall be subject to "I~enant's reasonable approval and is subject to all appropriate governmental approvals. At Subtenant's sole expense, Subtenant agrees to maintain any such signage approved by Tenant in good condition and repair at alI times and to remove the'`same at its sole cost and expense at the end of the Term of this Sublease.. Upon removal thereo#~, Subtenant agrees to repair any damage to the Premises caused by such installation and/or removal at Subtenant's sole expense. ;2. Obstruction. Subtenant shall not obstruct the corridors, elevators, stairs, Common Areas; sidewalks, parking lots or other public portions of the Building or the Premises in any manner whatsoever. ARTICLE XXI N01'I('F: 1. Notices. Any notice or other information required or authorized by this Sublease to be given by either Party to the other may be given by hand with receipt; or sent by facsimile transmission; or by certified prepaid mail, return receipt requested; or by nationally recognized overnight courier service, to the other Party at the address stated below. Such address may be changed by either respective Party at any time by giving prior written notice as herein provided, Any notice or information given pursuant to this Section shall be deemed to have been given when received by the Party to whom it has been directed. 17 AS TO TENANT: Delray Beach Community Redevelopment Authority 20 North Swinton Avenue Delray Beach, Florida 33444 Attention: Diane Colonna, Executive Director Telephone: (561) 276-8640 Fax No.: {561) 276-8558 With Copy to: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Attn: David N. Tolces Esq. Telephone: (56l) 276-9400 Fax No: (954 771-4923 AS TU SUBTENANT: Puppetry Arts Center of the Palm Beaches, lnc. Telephone No. (561 } Fax No.: (561). ARTICLE XXiI MISCELLANEOUS 1. Environmental Indemnity. Subtenant agrees to indemnify and hold Tenant and the City of Delray Beach hannless from aid against any and all loss, claim, liability, damages, injuries ao person, property or natural resources, cost, expense, action or cause of action, arising in connection with the release or presence of any Hazardous Substances at the Premises, solely through the acts of Subtenant, its off cers, employees, contractors, agents or invitees, whether foreseeable or unforeseeable, regardless of the source of such release and when such release occurred or such presence is discovered. The foregoing indemnity includes, without limitation, all costs in law or in equity of removal, remediation of any kind, and disposal of such Hazardous Substances; all costs of determining whether the Premises is in compliance and to cause the Premises to be in compliance with all applicable environmental laws, all costs associated with claims for damages to persons, property or natural resources, and Tenant's and the City of Delray Beach's reasonable attorneys' and consultants' fees and costs, whether or not litigation is instituted. For the purposes of definition, "Hazardous Substances" includes, without limitation, any toxic or hazardous wastes, pollutants (or substances, including, without limitation, asbestos, PCBs, petroleum products and by-products, substances defined or listed as "hazardous substances" or "toxic substances" or similarly identified in or pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9061 et. seg•, 18 hazardous materials identified u~ or pursuant to the Hazardous Materials Transportation Act 44 U.S.C. Section 1802 et. se .. Nothing in this section is intended to alter or waive the Tenant's or the City of Delray Beach's entitlement to statutory or corrunon law sovereign inununity, or to extend Tenant's or the City of Delray Beach's liability beyond the lunits established in Section 768.28, Florida Statutes, as amended. 2. Mold Exclusion. Subtenant hereby acknowledges that Tenant has advised Subtenant that it is possible for mold/mildew/fungi/microbe-related forms to grow and affect the Premises and the property therein. Subtenant agrees that Tenant shall not have any liability or responsibility whatsoever for any damage, loss, claim, or court expense arising out of or resulting from mold/mildew/fungi/microbe-related forms in the Premises. Accordingly, Subtenant hereby releases Tenant, the City of Delray Beach, and their agents,;employees, successors and assigns, from and against any and all claims arising out of or relating;.to`mold/mildewifungi/microbe-related forms or any similar situation with respect to the Premises`'Ir the event it is discovered that mold is present at the Premises then Subtenant, at its sole cost and expense, shall promptly cause the mold condition to be remedaated at Subtenant's sole expense unless the mold resulted from Tenant's failure to comply with its maintenance obligations under this >Sublease, in which case the remediation of the mold condition shall be undertaken by Tenant at its cost and expense. 3. Asbestos. Subtenant shall ;comply with all regulations enacted by the Occupational Safety and Health Administration {"OSHA"), as set forth in Sections 191'0.1001 and 1926.1 lOl of "rile 29 of the Code of Federal Regulations (tl~e "OSHA Regulations"). In the event that Subtenant performs any alterations to the Premises, Subtenant shall be solely;responsible for any contaminant or encapsulation of asbestos-containing materials "ACM" and materials designated by OSHA as presumed asbestos-containing materials ("PACM") located in the Prerises, or resulting remediation made necessary as a xe_ sult of Subtenant's work. In addition, the following materials, if located in properties constructed prior to 1981, must, in accordance with the OSHA Regulations , be treated as PACM; any thetn~al system insulation and surfacing material that is sprayed on, troweled on, or applied in some other manner, as well as any resilient flooring material installed in 1980 or earlier. Upon written request by Subtenant, `tenant shall provide Subtenant with copies of any information pertaining to ACM or PACM in Tenants fides. 4. Radon Gas. Pursuant to Florida Statutes, Section 404.056[6], the following disclosure is required by law: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of Radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon and Radon testing may be obtained from your county public health unit. 5. Reser~~ed 6. Estoppel Certificates. Each party agrees, at any time and from time to time as requested by the other party, to execute and deliver to the other a statement certifying that this Sublease is urunodified and in full force and effect (or if there have been modifications, that the same are in full force and effect as modified and stating the modifications), certifyuig the dates to I9 which the Rent axed other charges have been paid, stating whether or not the other party is in default in performance of any of its obligations under this Sublease, to the best of the certifying parties' knowledge, and, if so, specifying each such default, and stating whether or not any event has occurred which, with the giving of notice or passage of time, or both, would constitute such a default, and, if so, specifying each such event. Tenant also shall include in any such statements such other information concerning this Sublease as Tenant may reasonably request. 7. Reserved 8. 1\'o Recordation. This Sublease shall not be recorded in the Public Records of Palm Beach County. 9. Governing Law. This Sublease shall be governed by and construed in accordance with the laws of the State of Florida, and iii the event'`1'tgation arises between the parties in coninection with any of the terms of this Sublease, exclusive venue shall lie in the Circuit Court in Palm Beach County, Florida. If any provision ofahis Sublease or the application thereof to any person or circumstance shall, for any reason and to any extent, be: invalid or unenforceable, the remainder of this Sublease shall xemain in full force and effect. The captions, headings and titles in this Sublease are solely for convenience; of reference and shall not affect its interpretation. 11nis Sublease shall be construed without regard: to any presumption or other rule requiring construction against the party causing this Sublease to be drafted. Each covenant, agreement, obligation or other provision of this Sublease on Subtenant's part. to be performed shall be deemed and construed as a separate and independent covenant of Subtenant, not depeindent>on any other provision of this Sublease. All terms and words used in this Sublease, regardless of the number or gender in which they are used, shall be deemed to include any other number `and any other gender, as the context may requu~e. 1U. No Partnership or Joint. Venture. Nothing contained in this Sublease will be deemed or construed to create a partnership or Joint venture between Tenant and Subtenant, or to create any other relationship between the parties other than that of Tenant and Subtenant. 11. Capacity to Execute Sublease. if Subtenant is other than a natural person, Subtenant represents that it is legall~~ constituted, in good standing and authorized to conduct business in the State of Florida. Subtenant further represents that the person who is executing this Sublease oin its behalf leas the full power and authority to perform such execution and deliver the Lease to Tenant, and that upon such execution and delivery, the Sublease shall be valid and binding upon Subtenant in accordance with its respective terms and conditions. 12. Exculpation of Tenant. Tenant's obligations and liability to Subtenant with respect to this Sublease shall be limited solely to Tenant's interest in the Property and neither Tenant, nor any officer, agent, or representative of Tenant, shall have any personal liability whatsoever with respect to this Sublease, 13. Waiver of Trial by Jury. IT IS i~~UTUALLY AGREED BY AND BETWEEN TENANT AND SUBTENANT THAT THE RESPECTIVE PARTIF,S HERETO SHALL, AND 20 THEY HEREBY DO, WAIVE TRIAL BY JURY fN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES AGAINST THE OTHER ON ANY MATTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS SUBLEASE, TIIE RELATIONSHIP OF TENANT AND SUBTENANT OR SUBTENANT'S USE OR OCCUPANCY OF THE PREMISES, OR BY ANY COURSE OF CONDUCT OR COURSE OF DEALING. 14. Entire Agreement. This Sublease constitutes the entire understanding between the parties and shall bind the parties, their successors and assigns. No representations, except as herein expressly set forth, have been made by either party to the other, ..and this Sublease cannot be amended or modified except by a writing signed by Tenant and Subtenant. 15. Sale of Premises by Tenant. The parties agree that City of Delray Beach has the right to sell the Premises, subject to this Sublease, at any ime during the Sublease Term. 16. Governmental Functions. a. The parties agree that this Sublease shall not constitute a waiver of any portion of the City of Delray Beach's Code of Ordinances, Land Development Regulations, or any other applicable law, code, or regulation, and that the Subtenant shall comply with all applicable statutes, codes, regulations, and ordinances that apply to the Subtenant's performance o'its obligations pursuant to this Sublease. b. To the; extent approval or permission must be obtained from the City of Delray Beach, such approval or permission shall be granted or denied in accordance with applicable governmental regulations, rules, laws, and ordinances, and no person shall have any vested rights. c; Neither the City of Delray Beach, nor the Tenant has not waived its sovereign immunity and the limits of tort liability set forth in F. S. §76828(5}, as may be amended from time to time; and d. Any action by Tenant shall be without prejudice to, and shall not constitute a limit or impairment or waiver of, or otherwise affect the Tenant's right to exercise its discretion in connection with its governmental or quasi-governnental fiuictions. 21 IN WITNESS WHEREOF, the parties have executed this Lease the day and year f rst above written. TENANT: AT']'EST: Diane Colonna, Executive Director ATTEST: By: Print Name: Title: STATE OF COUNTY OF DELRA~' BEACH COMMUNITY REllE~'ELOPMENT AGENCY By: Howard Lewis, Chair TENANT: :PUPPETRY ARTS CENTER OF THE PALM BEACHES, INC. BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ~;, and as and Secretary, rc;spectively, of the Puppetry Arts Center of the Palm Beaches, Inc., and acktlowledged executed the foregoing Agreement as the proper official of the Puppetry Arts Center of the Palm Beaches, Inc., for the use aild purposes mentioned in it and affixed the official seal of the Puppetry Arts Center of the Palm Beaches, Inc., and that the instrument is the act and deed of the Puppetry Aris Center of the Palm Beaches, Inc. IN WITNESS.: OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2010. NOTARY PUBLIC My Commission Expires: DNT: dnt f{:\2U0G\060018 UI3CRAIAGM`f 2U101f'uppetry Arts CenterSubleaseREVI doc 22 LIST OF EXHIBITS 1. EXHIBIT "A" - DRAWING DEPICTING THE LOCATION OF THE SUBLEASED PREMISES WITHIN BUILllING 2. EXHIBIT "B" -LEASE BETWEEN CITY AND CRA 3. EXIIIBIT "C" -FLOOR PLAN FOR SUBTENANT'S IMPROVEMENTS 23 -- i ~I ~ I I I° II -- I ~ - \ I I II 10 I I I 10 I I I~ I I I I 10 I I 10 I ~O I O I 10 I I I~ I I I I 10 I I I 10 I I I~ I I ~~ ~ I I i I to I I I --- O -- O---0 ---0 O --O ---0- 0--- O J ~ Q ~ ~- Z LL O ~U N ll ~~ z N J Q W ~l ui v (Y zw U~ W~ ~u ~~ LLO ~, ~ ~ ~ - Z ~J ~ ~F~ ~ sWa cnw _~~ ~~ 1 ~~ ,.o-.z~ ~ «, ^ ww o ~ ~ - - - - - - - - - ~, k ~ ~ Q Y Q I $~ ~ ~ W w ~ m m o i l ~ I I ~~~~_~ f~ I ~ I ~ "~ m 1 °a N~ ~ m l d~ ~ `r `I~ /~ n --~ ~- ~- ~- - f ~ ~ m Z O O (~ N } 4l- ~ (~~ Q 1-L- ~ Q ~~ ~ w I ~,'~ J ~_ Q LL z J Q Z O Q MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 12, 2010 SUBJECT: AGF:NUA ITEM 9.F. -REGULAR COMMISSION MEETING OF~ULY 20, 2010 APPOINTMENTS TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Financial Review Board. BACKGROUND The terms for regular members Ms. Brenda Durden and Mr. John Warner will expire on July 31, 2010. Ms. Durden and Mr. Warner will have served one (1) full term and would not like to be considered for reappointment. Mr. Hansford Higginbotham is an alternate member and would like to be considered for regular membership. Secondly, there is a vacancy for an alternate member due to Ms. Rosalie Blood being appointed for regular membership. The term is unexpired ending July 31, 2011. Appointments are needed for two (2) regular members to serve two (2) year terms ending July 31, 2012, and one (1) alternate member to serve an unexpired term ending July 31, 2011. 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 (property/casualty 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: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4) for two (2) regular members to serve on the Financial Review Board for two (2) year terms ending July 31, 2012. Mayor McDuffie (Seat #5) will make an appointment for one (1) alternate member to serve an unexpired term ending July 31, 2011. RECOMMENDATION Recommend appointment of two (2) regular members to serve on the Financial Review Board for two (2) year terms ending July 31, 2012, and one (1) alternate member to serve an unexpired term ending July 31, 2011. "TC' __. __. __ 07/31 /11 Yvonne Walker Accowltant appr io/zo/o9 07/31 /10 John Warner Chief Financial ~c io/zo/o9 Officer ALTERNATES 07/31 /11 Hansford Hig~enbotham Vice President of Ur~cp Appt 05/25/10 B Develo t 07/31/11 Vacant Contact: Barbara Flynn X-7115 S/City Clerk/Board ]0/Fir~cial Review Board FINANCIAL REVIEW BOARD EXHIBIT A Annlicants with experience in the professions required: Applicant Occupation Martin Cherry Executive Vice president Suzanr-e Donohue President-Director of Sales John Hallahan Assistant Director of Operations Hansford Higginbotham VP-Business Development Incumbent Laura Reines Director/Special Events Coordinator Jeff Ritter Consulting/MBA (currently serving on the Police Advisory Board) Cheryl Shaffner Accounting HarveyStarin Real Estate Broker/MBA (currently serving on the Board of Adj u.5tmalt) Barbara Trevino Leasing Manager/Corporate Analyst (also applying for the Neighborhood Advisory Council) AndrewYoungross Engineer/Business Owner Applicants interested in bein g an at-large-member: Applicant Occupation Nayda Cottone-Ovadia Nursing Assistant Alberta Gaum-Rickard Project Coordinator Vicki Hill Construction Auditor 1VTichael Park General Counsel MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 12, 2010 SUBJECT: AGENpA ITEM 9.G. -REGULAR COMMISSION MEETING OF TULY 20, 2010 APPOIN"TMI?N'1'S TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Police Advisory Board. BACKGROUND The terms for Ms. Annette Annechild, Mr. Samuel Menard, Mr. Victor Kirson, Mr. Carl Forrest, Mr. John Jackson, Mr. Jeff Ritter, regular members on the Police Advisory Board, and student member, Ms. Brittany Smith, will expire on July 31, 2010. Ms. Annechild and Mr. Jackson will have served two (2) consecutive terms and are not eligible for appointment. Mr. Menard will have served one (1) full term, is eligible and would like to be considered for reappointment. Mr. Kirson, Mr. Forrest, Mr. Ritter and Ms. Smith will have served unexpired terms, are eligible and would like to be considered for reappointment. Appointments are needed for six (6) regular members and one (1) student member to serve two (2) year terms ending July 31, 2012. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. 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 (for all except the student applicant) and all are registered with the exception of Mr. Mercatur Guerrier. Appointments will be made as follows: Term Expiration Date Commissioner/Mayor to appoint July 31, 2012 Commissioner Frankel (Seat #3) July 31, 2012 Commissioner Gray (Seat #4) July 31, 2012 Mayor McDuffie (Seat #5) July 31, 2012 Commissioner Eliopoulos (Seat #1) July 31, 2012 Commissioner Fetzer (Seat #2) July 31, 2012 Commissioner Frankel (Seat #3) July 31, 2012 Commissioner Gray (Seat #4) -Student Appointment RECOMMENDATION Recommend appointment of six (6) regular members and one (1) student member to serve two (2) year terms ending July 31, 2012. Unexp Appt 04/20/10 07/31/11 Regine Celestin Unexp Appt 09/03/08 Appt 07/07/09 (Student) 07/31 /11 Jason Dollard Unexp Appt 09/03/08 Reappt07/07/09 07/31/10 Carl Forrest Urx~cp Appt Ol /05/10 07/31 /11 Joseph Ingram Jr. Appt01/03/08 Reapptl2/08/09 07/31 /10 John Jackson Appt12/13/05 Reaplx 12/09/08 07/31 /10 Brittany Smith Urrxp Apps 09/10/09 ~StL1dQllt~ 07/31/10 Jeff Ritter Urrxp Appt11/03/09 07/31/11 Kevin Wamer Urrexp Appt Ol /O5/l0 Contact: Venice Cobb 243-7056 S/City Clerk/Board 10/Police Advisory Board MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 12, 2010 SUBJECT: AGENDA ITEM 9.H_. -REGULAR COMMISSION MEETING OF .TULY 20 2010 APPOINTMENTS TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Education Board. BACKGROUND The terms for Education Board regular member Mr. Gerald Crocilla, Ms. Derline Pierre-Louis, Mr. Kenneth Zeno, Mr. Harold Van Arnem, Ms. Sandra Weatherspoon, and student member Mr. John Paul Caruso, will expire on July 3l , 2010. Mr. Crocilla and Mr. Van Arnem will have served two (2) full terms and are not eligible for reappointment. Mr. Caruso will have served one (1) full term and is also not eligible for reappointment as student members can only serve one (1) term. Ms. Derline Pierre- Louis, Mr. Zeno and Ms. Weatherspoon will have served one (1) full term, are eligible and would like to be considered for reappointment. Appointments are needed for five (5) regular members to serve two (2) year terms ending July 31, 2012, and one (1) student member to serve a one (1) year term ending July 31, 2011. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed (for all except the student applicant) and all are registered. Based on the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Eliopoulos (Seat #1) for five (5) regular members to serve on the Education Board for two (2) year terms ending July 31, 2012. Commissioner Fetzer (Seat #2) will make the appointment for the student member to serve a one (1) year term ending July 31, 2011. RECOMMENDATION Recommend appointment of five (5) regular members to serve on the Education Board for two (2) year te~7ns ending July 31, 2012, and one (1) student member to serve a one (1) year term ending July 31, 2011. Mary-Elizabeth Cohn Waymon Dixon Walter Earley Luke Eliopoulos Jack Fowler Philip Friedman Doreen Jadwick Debra Kaiser Tam Knight Myra Leavy Bazemore Isabel Make Sandra Owens Derline Pierre-Louis Sandra Weatherspoon Kenneth Zeno EDUCATION BOARD EXHIBIT A Educator (currently serving on the Neighborhood Advisory Council) Ministry/Adjunct Professor Educator-retired Student Healthcare Consultant Financial Aid-Assistant Director (currently serving on the Nuisance Abatement Board) Career Specialist/Employer Relations/Educator Senior Director Educator-Retired Educator Consultant-President/Educator (currently serving on the Neighborhood Advisory Council) Educat Plan & Educat Educat MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 12, 2010 SUBJECT: A(:H;NDA I'hEA1 9.I. -REGULAR COMMISSION MEETING O~ULY 20, 2010 APPOINTI~1ENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOA__RD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Green Implementation Advancement Board. BACKGROUND The terms for Ms. Ana DeMelo, Ms. Rita Johnson, Ms. Jayne King, and Ms. Nancy Schneider, regular members on the Green Implementation Advancement Board, will expire on July 31, 2010. Ms. DeMelo, Ms. Johnson and Ms. King will have served one (1) full term, are eligible and would like to be considered for reappointment. Ms. Schneider will have served one (1) full term and would not like to be considered for reappointment. Mr. Matthew O'Connell and Ms. Stephanie Bedenbaugh are alternate members and would like to be considered for regular membership. Appointments are needed for four (4) regular members to serve two (2) year terms ending July 31, 2012. On July 21, 2009, the Delray Beach City Commission adopted Resolution No. 24-09 establishing the Green Task Force for the purpose of making recommendations to the City Commission regarding ways to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizations to practice environmental conservation including recycling; proposed means to enhance water and energy conservation; ideas for promotion of tree planting and xeriscaping; best practices to be considered for implementation in Delray Beach, including long-term strategies; and proposed revisions to City ordinances to address Green technologies. Resolution No. IS-10 changed the board's name to the Green Implementation Advacement Board. The Green Implementation Advancement Board shall consist of seven (7) regular members and two (2) alternate members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Ms. Lillian Stajnbaher. Based on the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3), and Commissioner Gray (Seat #4) for four (4) regular members to serve on the Green Implementation Advancement Board for two (2) year terms ending July 31, 2012. RECOMMENDATION Recommend appointment of four (4) regular members to serve on the Green Implementation Advancement Board for two (2) year terms ending July 31, 2012. GREEN IMPLEMENTATION ADVANCEMENT BOARD EXHIBIT A Isabelle Alarie Landscape Architect Stephanie (Chloe) Bedenbaugh Human Resources Incumbent Alberto Chuecos Director of Operations Nayda Cottone-Ovadia Nursing Assistant Ana DeMelo Project Manager/Civil Engineering Incumbent Allen Huntington Finance Rita .lohnson Business Owner-CEO Incumbent Jayne King Master Gardener/Educator Incumbent Laura Reines Director/Special Events Coordinator Annette Smith Business Owner-Interior Design (also applying for the Public Art Advisory Board) Wendy Smith Health Policy Consultant (currently serving on the Nuisance Abatement Board) Lillian Stajnbaher Ecologic Advisor-Managing Principal MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 12, 2010 SUBJECT: AGEND:1 ITEM y.J. -REGULAR COMMISSION MEETING OF .IDLY 20, _2010 API'OIN'IT1EI~TS TO THE PUBLIC ART ADVISORY_BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Public Art Advisory Board. BACKGROUND The terms for Ms. Dana Donaty, Ms. Michiko Kurisu and Mr. Richard McGloin, regular members on the Public Art Advisory Board, will expire on July 31, 2010. Ms. Donaty, Ms. Kurisu and Mr. McGloin will have served one (1) full term, are eligible and would like to be considered for reappointment. Secondly, Ms. Sharon Koskoff resigned effective May l2, 2010. Appointments are needed for three (3) regular members to serve two (2) year terms ending July 31, 2012, and one (1) regular member to serve an unexpired term ending July 31, 20l 1. On February 1, 2005, the Delray Beach City Commission adopted Ordinance No. 77-04 establishing the Public Art Advisory Board for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including, but not limited to, the selection, construction and placement of public art in/on City right-of-way and City owned property. The Public Art Advisory Board shall consist of seven (7) members. Three (3) seats on the Board must be filled with either an artist, architect, landscape architect or engineer. Laypersons of knowledge, experience and judgment who have an interest in public art shall make up the balance of the Board. 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. Daniel Bellante who has been issued a paving violation notice. Voter registration verification was completed and all are registered with the exception of Mr. Daniel Bellante. Based on the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #l ), Commissioner Fetzer (Seat #2) and Commissioner Frankel (Seat #3) for three (3) regular members to serve on the Public Art Advisory Board for two (2) year terms ending July 31, 2012. Commissioner Gray (Seat #4) will make an appointment for one (1) regular member to serve an unexpired term ending July 31, 2011. RECOMMENDATION Recommend appointment of three (3) regular members to serve on the Public Art Advisory Board for two (2) year terms ending July 31, 2012, and one (1) regular member to serve an unexpired term ending July 31, 2011. PUBLIC ART ADVISORY BOARD 07/09 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31 /11 Robert Ctarie Architect Appt os/o7/o7 K~.~ 07/07/09 07/31 /10 Dana Donaty Artist Appt 07/15/08 07/31/11 Annette Gray Real Estate/Marketing Appt o7/07/09 07/31 /11 Vacant 07/31 /10 1VTichiko Kiuisu Attist/Photographer Apps 07/15/08 07/31/10 Richard McGloin ElectricalEngineer Appt07/]5/08 07/31 /11 Mary Nfinieka Administration APpt o7/zi /09 Contact: Venice Cobb X 7056 S/CityQerk/Board ]0/Public Art Advisory Board Conunis`sion Liaison Commissioner Frankel PUBLIC ART ADVISORY BOARD EXHIBIT A Applicant Occupation Daniel Bellante President-consultant Mavis Benson Self-employed Business Owner Dana Donaty Self-employed Artist-Business Owner Incumbent Sandi Franciosa Administrative Assistant/Retired Marilynn Gladstone Retired-Executive Director Michiko Kurisu Artist/Photographer Incumbent Isabel Make Consultant (currently serving on the Neighborhood Advisory Council) Richard McGloin Retired-Electrical Engineer Incumbent Jerry Rabinowitz Photography Susan Sabin Artist Annette Smith Interior Designer-Business Owner (also applying for the Green Task Force) Patricia Truscello Public Relations Specialist MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 12, 2010 SUBJECT: AGENDA ITEM 9.K. -REGULAR COMMISSION MEETI_NG OF,IULY 202010 APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM_BEFORE COMMISSION This item is before the City Commission for appointments to the Neighborhood Advisory Council. BACKGROUND The terms for Ms. Harriet Meltzer (Zone 1), regular member on the Neighborhood Advisory Council, and student members Mr. Luke Eliopoulos and Ms. Diana Ciuca will expire on July 31, 2010. Ms. Meltzer will have served an unexpired term, is eligible and would like to be considered for reappointment. Ms. Ciuca will have served an unexpired term, is eligible and would like to be considered for reappointment. Mr. Eliopoulos will have served an unexpired term and would not like to be considered for reappointment. Please note that there are no additional student applicants at this time. Appointments will be made for one (1) regular member to serve a three (3) year term ending July 31, 2013, and one (1) student member to serve a one (1) year term ending July 31, 2011. The Neighborhood Advisory Council was established for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. A map of the appointment zones is included for your review. The following individuals have submitted applications for consideration: Applicant Zone 1 Harriet Meltzer Susan Sims Barbara Trevino (also applying for the Financial Review Board) Subdivision Rainberry Bay Sabal Lakes Le Village De Provence Student Applicant: Diana Ciuca Student Incumbent A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed (for all except the student applicant) and all are registered. Based on the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1) for one (1) regular member to serve on the Neighborhood Advisory Council for Zone 1 for a three (3) year term ending July 31, 2013; and Commissioner Fetzer (Seat #2) for one (1) student member to serve a (1) one year term ending July 31, 2011. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Neighborhood Advisory Council for a three (3) year term ending July 31, 2013, and one (1) student member to serve a one (1) year term ending July 31, 2011. CITY OF DELRAY BEACH, FLORIDA Neighborhood Advisory Council -Appointment Zones - rr~ ,. CffY f~ DEIAdY YfAb( R MM+Pr7'OGV artPlMfi .•-~.-_-._ ~ ~~'~ 1 -.OfefAL~t7FUVM7'B!- C~LWNC SC/LLE' rrr aourowr rrr ~' J MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 19, 2010 SUBJECT: AGENDA ITEM 9 L -REGULAR COMMISSION MEETING OF TULY 20, 2010 RECONSIDERATION/WAIVER OF RENTAL FEES REQUEST/ROOTS CULTURAL FESTIVAL, INC. ITEM BEFORE COMMISSION The item before Commission is to reconsider the request for waiver of rental fees for the Youth Basketball Tournament to be held July 23-25, 2010, at Pompey Park and the Community Center and for the Prayer BreakfastlHealth Fair proposed to be held at Pompey Park on August 14, 2010. BACKGROUND Commissioner Gray has asked that Commission reconsider the request made by Roots Cultural Festival, Inc. for the waiver of rental. fees for the Youth Basketball Tournament and the Prayer Breakfast/Health Fair to be held at Pompey Park. This item came before Commission at its July 13, 2010 meeting and Commission denied the request on a 3-2 vote. The July 13, 2010 agenda memo and waiver request is attached for your review. The Parks and Recreation Department is revisiting the rental arrangements to see if there is precedent for taking a different approach. This additional information will be sent out as early as possible and presented to the Commission Tuesday evening. RECOMMENDATION Commission discretion. MEMORANDUM T0: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: July 8, 2010 SUBJECT: ITEM BEFORE COMMISSION Commission is being requested to waive facility rental fees for the Roots Cultural Festival, Inc. Youth Basketball Tournament proposed to be held July 23-25, 2010, at Pompey Park and the Community Center and for the Prayer Breakfast/Health Fair proposed to be held at Pompey Park on August 14, 2010. BACKGROUND Attached is an email request received from Alberta McCarthy requesting waiver of the rental fees for the Youth Basketball Tournament proposed to be held July 23 25, 2010 and the Prayer Breakfast/Health Fair proposed to be held on August 14th. The rental fees for the use of Pompey Park and the Community Center for the youth basketball tournament are $3,125.00 and the Prayer Breakfast/Health Fair is $1,165.00 for a total of $4,290.00. These rental fees have been waived in the past. Roots Festival, Inc. will be responsible for the payment of police costs for the basketball tournament at the detail rate, estimated cost $3,000. RECOMMENDATION Staff recommends consideration for approving the waiver of rental fees for the Youth Basketball Tournament and Prayer Breakfast/Health Fair as requested. http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3492&MeetingID=297[7/19/2010 4:27:23 PM] F3arcinski, Robert From: Roots Cultural Festival [rootsfestivaldelray@gmail.com] Sent: Thursday, July 08, 2010 2:22 PM To: Barcinski, Robert Subject: Roots Cultural Festival, Inc. Dear Mr. Barcinski, On behalf of the Roots Cultural Festival, Inc. I am asking for a waiver of fees for our summer events being held at city locations. Roots is a non-profit 501C3 with the state of Florida and has serviced our community over the past 33 years. The venues are Pompey Park and the Civic Center for the Roots South Florida Youth Basketball Tournament from July 23rd to July 25th. On August 14th it is Pompey Park for a health fair being held in the gym and the annual Prayer Breakfast in the kitchen and adjacent rooms. A copy of the rental application has already been provided. Thank you. Sincerely, -Alberta McCarthy, Chairperson- Roots Cultural Festival, Inc. 85 S.W. 5th Avenue Delray Beach, FL. 33494 561-279-0365 office RootsFestivalDelray@gmail.com www.delrayrootsfestival.org 1 Nubin, Chevelle Subject: Fee Reduction Importance: High From: Harden, David Sent: Tuesday, July 20, 2010 4:15 PM To: McDuffie, Woodie (Bellsouth); 'gpe@aol.com'; DRB-FF; Frankel, Adam; 'commishdelray@gmail.com' Cc: Nubin, Chevelle Subject: FW: Fee Reduction Importance: High Please add this to the backup information on Muni and put a copy at each Commissioner's place. From: Karch, Linda Sent: Tuesday, July 20, 2010 4:08 PM To: Harden, David Subject: Fee Reduction Mr. Harden, The following organizations have either had reduced rates or fees waived for their organization: • Historical Society Antique Show -rental fees waived until last year when profit organization (Armacost Antique Show) took over - In 2009, the Historical Society paid for staff overtime and miscellaneous costs which included relocation of classes, paper products, etc. ($2,150 fora 3 day event) • Armacost Antique Show -Gave them a flat rate of $1,000 day for rental of the facility ($4,000) in 2010. This year Historical Society plans to return and run event. • All Peoples Day Diversity Festival -They paid $245.00 last year -this year their fee would be over $1,000.00. • AKA Sorority Annual Tea -fees waived (they give out scholarships) • Keith Straghn Memorial Foundation -always waived • MLK Celebration -Lillie Strainge -always waived • Roots Festival -always waived • Eta Phi Beta Sorority Annual Senior Citizens Dinner -always waived Also, many of our leagues such as American and National Little Leagues, Braves Mens Baseball League, Soccer and Lacrosse leagues, etc. are not charged rental fees for our fields, which we intend to address. We have discussed distinguishing the rates between profit and non-profit organizations as well as giving multi- day events a flat rate fee, instead of hourly which we will be bringing forward to the Commission before the beginning of the next fiscal year. If you need additional information, please let me know. Thanks, Linda 1 Additional Information for Item 9.L. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 16, 2010 SUBJECT: ~~(=ENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF .iULY 20, 2010 ORDINANCE NO. 12-10 ITEM BEFORE COMMISSION Item before commission is for second reading to consider aCity-initiated amendment to the Land Development Regulations (LDRs) that will revise the definition of Pharmacy. BACKGROUND At the July 6, 2010 City Commission Meeting, Commission reviewed and discussed the ordinance. The Commission approved the ordinance with a reduction from 25°Io to 10% of total sales that can be derived from the sale of Schedule II controlled substances. In addition, staff also added a 30 day period clause during which the Schedule II controlled substances sales can be derived. RECOMMENDATION Recommend approval of Ordinance No. 12-10 on second reading. ORDINANCE NO.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. WHEREAS, the City Commission of the City 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 Jane 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 P1aruling and Zoning Board, sitting as the Local Plaruung Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan NOW THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY 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 Orduiances 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 phamracy may also offer accessory services such as photo processing, eyeglass care, etc. No more than 10% of the total sales Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or vwrd be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith shall be, and the same are hereby repealed. Section 5. That this ordinance shall become effective unmediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final readuzg on this day of , 2010. MAYOR ATTEST: City Clerk First Reading Second Reading 2 ORD. NO.12-10 MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: July 1, 2010 SUBJECT: AGE]SDA ITEM 12.A. -REGULAR COMMISSION MEETING OF TULY 6, 2010 ORDINANCE NO. 112-10 ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations (LDRs) that will revise the definition of Pharmacy. BACKGROUND 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 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 discussion about the requirements for retail components and the amount of Schedule II thresholds. The Board had concerns that references to building floor area maximums for sale and storage of prescription drugs would hurt small pharmacies which may have minimum ancillary retail sales components. While the Board agreed that Schedule II controlled substances should be restricted they felt the 50% maximum was too liberal and should be reduced. The Board unanimously recommended approval of the Ordinance, subject to the elimination of the retail threshold language and retention of the 50% maximum Schedule II threshold, on a 6 to 0 vote (Deborah Dowd absent), 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. No one from the public spoke on this item. Since that meeting, additional inquiries as to reasonable maximum thresholds of Schedule II sales have been made and the maximum total sales numbers have been revised downward to a maximum of 25%. The ordinance has been revised to eliminate the reference to maximum floor area ratios for prescription drugs/retail sales and Schedule II thresholds have been reduced accordingly. RECOMMENDATION By motion, approve on first reading Ordinance No. 12-10, 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. PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JUNE 21, 2010 AGENDA NO: IV. A. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING APPENDIX "A", "DEFINITIONS", TO REVISE THE DEFINITION OF PHARMACY. ITEM BEFORE THE BOARD 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. BACKGROUND/ANALYSIS 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 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 II controlled substances as listed in Florida Statute 893.03. All pharmacies shall be staffed by a state licensed pharmacist." Schedule II 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, 2009 LDR Amendment -Amended definition of the term "Pharmacy" REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and although no specific goal or objective relates to the proposed ordinance, it is noted that the ordinance is not inconsistent with the Comprehensive Plan. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to the Land Development Regulations, amending Appendix "A", "Definitions", to revise the definition of Pharmacy, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) Recommend approval of the amendment to the Land Development Regulations, amending Appendix "A", "Definitions", to revise the definition of Pharmacy, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) Attachment: ^ Proposed Ordinance 12-10 2 Planning and Zoning Board Meeting, June 21, 2009 LDR Amendment -Amended definition of the term "Pharm ORDINANCE NO. 12-10 AN ORDINANCE OF THE QTY COMIvIISSION 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 G E NE RAL RE PE ALE R CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Commiss7on 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 _ to _ 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 deteruned that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan NOW THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY 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 prirriarily offering goods for retail sale and on-site dispensing of prescription dn~s, nonprescription 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 phar~acies shall be staffed by a state licensed pharmacist. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ~wrd be declared by a court of competent jurisdiction to be invalid, such 3 Planning and Zoning Board Meeting, June 21, 2009 LDR Amendment -Amended definition of the term "Pharmacy" decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith shall be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final readu1g on this day of , 2010. MAYOR ATTEST: City Clerk First Reading Second Reading 4 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 12, 2010 SUBJECT: A(;ENllA ITEM 10.B. -REGULAR COMMISSION MEETING OF .TULY 20, 2010 RESOLUTION N0.36-10 ITEM BEFORE COMMISSION In accordance with Chapter 56, "Stormwater", of the City Code, Resolution No. 36-10 establishes the budget for the stormwater utility system, establishes the rates for FY 2011 stormwater management assessments, and certifies and adopts the stormwater management assessment roll. Prior to consideration, a public hearing is required. BACKGROUND The assessment is proposed at the rate of $5.33 per month per Equivalent Residential Unit (ERU), for a total annual assessment of $63.96 per ERU. This is the same as the current year assessment. Property owners within the Lake Worth Drainage District are given a 25% discount. A separate 25% discount is given to owners of property served by private drainage systems. The proposed budget for the stormwater utility fund is incorporated in Resolution No. 36-10 as Exhibit "A". The rate structure with condominium factors is attached to the resolution as Exhibit "B". The assessment roll will be available for review in the Commission Chambers at the July 20th meeting. RECOMMENDATION Recommend approval of Resolution No. 36-10. RESOLUTION N0.36-10 A RESOLUTION OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITTED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL IN ACCORDANCE WITH CHAi'TER 56 OF THE CODE OF ORDINANCES OF THE QTY OF DELRAY BEACH, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on July 10, 1990, adopt Ordinance No. 21-90, which provides for the creation and establishment of a City-wide Stormwater Management System; and WHEREAS, the City Commission of the City of Delray Beach did, on April 27, 1993, adopt Ordinance No. 35-93 which amended Chapter 56 of the Cock of Ordinances of the City of Delray Beach to provide for the method of establishing and collecting Stormwater Management Assessments; and WHEREAS, the statutory authority for the creation and implementation of Ordinance No. 21-90, as amended, is predicated on Article VIII, Section 2(b) of the Florida Constitution; Chapter 166, Florida Statutes, as amended and supplemented; Section 403.0893, Florida Statutes, as amended and supplemented; Chapter 197, Florida Statutes, as amended and supplemented; the City Charter of the City of Delray Beach, Florida; and other applicable provisions of law; and WHEREAS, the City Commission of the City of Delray Beach has found that owners, tenants and occupants of property within the geographical boundaries of the City will derive a special benefit from the effective rrtianagernent of stormwater and other surface water and from the operation, maintenance and expansion of the stormwater manageir~ent system; and WHEREAS, Chapter 56 of the Code of Ordii~vlces of the City of Delray Beach establishes that the rate for stormwater management assessments for each parcel within the benefited area, other than with respect to non-assessed property, shall be established each year by resolution of the City Commission; and WHEREAS, Chapter 56 of the Code of Ordinances of the City of Delray Beach provides that such rate resolution shall not be adopted prior to the establishment of an operational budget for the system or prior to conducting a rate hearing as ~ by applicable law, and WHEREAS, Chapter 56 of the Code of Ordinnances of the City of Delray Beach provides that such budget shall include, but not be limited to, a capital element, a debt service element and an Operation and Maintenance element and further req~rires that the rate hearing and rate resolution shall clearly establish what portion of the stormwater management assessment reflects the capital element, the debt service element, if any, and the Operation and Maintenance element; and WHEREAS, a budget of operation for the yEar ending September 30, 2011, is set forth in E xhibit "A" and is established in conformity with the regiriremernts of Ordinance No. 21- 90, as amended, and Chapter 56 of the Code of Ordinances of the City of Delray Beach; and WHEREAS, billing and collection of the stormwater management assessmnt shall be accomplished utilizing the uniform method of collection; and WHEREAS, a rate for stormwater mannagement assessrr~ents for the various classes of property (other than non assessed property) within the benefited area shall be calculated as provided in Chapter 56 of the Code of Ordinnances of the City of Delray Beach, and as further set forth in E xhibit "B" to this resolution; and WHEREAS, a public hearing on this resolution setting the rates and adopting the budget and for the purposes of adopting and certifying a stormwater assessmennt roll was duly noticed; and WHEREAS, the City, upon adoption of the budget and rates, shall review the stormwater assessment roll to determine its conformity with the proposed rate resolution and, if, upon the completion of such review the City shall be satisfied that the Stormwater Management Assessmnt Roll has been prepared in conformity with the proposed rate resolution, it shall adopt said resolution and ratify and confirm the Stormwater Management Assessment Roll and certify that the Stormwater Management Aunt Roll is correct and proper and is to be used in collecting the stormwater manageirrent assessments. Thereafter, the City Commission, if no objections are made by persons affected by the assessment roll at the public hearing or if objections having been made are deemed insufficient by the City Commission, shall thereupon adopt the assessments as shown by the Assessment Roll; and WHEREAS, the owner of each parcel within the benefited area for which a stormwater assessment is levied shall thereafter be responsible for payment therefore. 2 RES. NO.36-10 NOW, THEREFORE, BE IT RESOLVED BY THE QTY COMIVIISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission does hereby adopt the aforementioned preamble in its entirety. Section 2. That the City Corrunission does hereby adopt, after public hearing. the budget as established in E xtubit "A" hereto which is incorporated herein Section 3. That the City Conunis.5~ion does hereby adopt, after public hearing, the rates as set forth in E xhibit "B" hereto which is incorporated herein Section 4. That the City Commission hereby adopts and certifies the Stormwater Management Assessrr~ent Roll. ATTEST: Section 5. This resolution shall take effect immediately upon its adoption PASSE D AND ADOPTE D in regular session on this the 20"' day of July, 2010. MAYO R City Clerk 3 RES. NO.36-10 Exhibit "A" FY 2010-I1 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwatcr Utility Div 11 Administration 12-]0 REGULAR SALARIES/WAGES $ 212,110 15-20 CAR ALLOWANCE 3,080 21-]0 EMPLOYER FICA 15,530 22-10 GEN'L EMP RETIREMENT 33,770 22-30 ICMA CONTRIBUTIONS 2,260 23-]0 LIFE INSURANCE 540 23-20 DISABILITY INSURANCE 1,010 23-30 HEALTH INSURANCE 21,170 24-10 WORKERS' COMPENSATION 6,500 25-10 UNEMPLOYMENT COMPENSATION 200 25-20 EMPLOYEE ASSISTANCE PROG. 110 * PERSONAL SERVICES 296,280 31-30 ENGINEERING/ARCHITECT 28,220 31-90 OTIIER PROFESS SERVICES 20,330 32-10 AUDIT/ACCOUNTING FEES 2,010 40-10 TRAVEL & TRAINING 1,470 41-10 TELEPHONE EXPENSE 660 41-15 PORTABLE PHONE/MDD 800 42-]0 POSTAGE 420 43-]0 ELECTRICITY 2,880 43-50 STORMWATER CHARGES 1,470 44-30 EQUIPMENT RENTAL/LEASE 2,240 44-45 VEHICLE RENTAL-GARAGE 1,870 45-]0 GENERAL LIABILITY 17,360 46-20 EQUIPMENT MAINTENANCE 1,380 46-30 VEHICLE MAINT-GARAGE 1,100 46-90 OTHER REPAIR/MAINT COST 23,400 47-20 REPRODUCTION CHARGES 2,000 47-90 OTHER PRINTING COSTS 30 49-22 SHARE OF ADMIN EXP 130,000 51-10 STATIONERY/PAPER/FORMS 1,270 51-90 OTHER OFFICE SUPPLIES 1,870 52-]0 FUEL/CUBE VEHICLES 500 52-20 GEN'L OPER SUPPLIES 3,120 52-22 UNIFORM/LINEN SERVICE 370 54-10 BOOKS & PUBLICATIONS 160 54-15 SUBSCRIPTIONS 550 54-20 MEMBERSHIPS 1,080 54-30 TRAINING/EDUCATION COSTS 1,630 * OPERATING EXPENSES 248,190 64-11 COMPUTER EQUIPMENT 1,200 64-12 OFFICE EQUIPMENT 3,330 CAPITAL OUTLAY 4,530 91-01 TRANSFER TO GENERAL FUND 116,000 TRANSFERS 99-01 PROJECT RESERVE * NON OPERATING 116,000 ** STORMWATER ADMINISTRATION $ 665,000 Exhibit "A" FY 2010-11 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 16 MAINTENANCE 12-10 REGULAR SALARIES/WAGES $ 190,670 14-10 OVERTIME 10,000 13-]0 OTI-IER PAY 300 21-10 EMPLOYER FICA 14,040 22-10 GEN'L EMP RETIREMENT 30,350 22-30 ICMA CONTRIBUTIONS 23-]0 LIFE INSURANCE 480 23-20 DISABILITY INSURANCE 900 23-30 HEALTH INSURANCE 33,410 24-]0 WORKERS' COMPENSATION 19,440 25-10 UNEMPLOYMENT COMPENSATION 280 25-20 EMPLOYEE ASSISTANCE PROG. 150 * PERSONAL SERVICES 300,020 31-20 MEDICAL 280 34-70 PHOTO/MICROFILM SERVICES 100 34-78 REPAIR & UPKEEP CANALS 9,420 34-90 OTHER CONTRACTUAL SERVICE 46,100 40-10 TRAVEL & TRAINING 990 41-15 PORTABLE PHONE/MDD 2,520 43-10 ELECTRICITY 9,140 43-25 IRRIGATION WATER 7,200 43-50 STORMWATER CHARGES - 44-]0 LAND RENTAL/LEASE 2,240 44-30 EQUIPMENT RENTAL/LEASE 800 44-45 VEHICLE MAINT-GARAGE 71,020 45-10 GENERAL LIABILITY 20,820 46-20 EQUIPMENT MAINTENANCE 1,430 46-30 VEIIICLE MAINT-GARAGE 70,650 46-90 OTHER REPAIR/MAINT COST 130,030 47-]0 PRINTING/BINDING SERVICES - 49-16 COMML DRIVERS LIC RENEWAL 180 51-]0 STATIONERY/PAPER/FORMS 50 51-90 OTHER OFFICE SUPPLIES 400 52-10 FUEL/CUBE VEHICLES 20,000 52-20 GEN'L OPER SUPPLIES 7,000 52-22 UNIFORMS/LINEN SERVICE 2,400 52-24 BUILDING MATERIALS 700 52-26 GARDENING SUPPLIES 10,000 52-27 EQUIPMENT<$1,000 12,870 53-20 REPAIRS-DRAINAGE 11,200 54-20 MEMBERSHIPS 100 54-30 TRAINING/EDUCATION COSTS 480 * OPERATING EXPENSES 438,120 64-25 HEAVY EQUIPMENT * CAPITAL OUTLAY - ** STORMWATER SYSTEM MAINTENANCE 5 ?3!,_I-tu Exhibit "A" FY 2010-11 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 61 CAPITAL 63-]5 DOWNTOWN PARKING LOTS $ 106,300 63-90 OTHER IMPROVEMENTS 50,000 65-41 SWALE RECONSTRUCTION 75,000 65-95 SW 2ND ST BEAUTIFICATION 150,000 68-18 STORM WATER PUMP ST REHAB 225,000 68-56 BLOCK 19&20 ALLEY IMPROV 71,000 68-65 AUBURN AVE IMPROVEMENTS 200,000 68-67 BAY ST PUMP STA IMPRV 172,500 68-68 ZEDER AV 30,000 68-69 PALM TRAIL DRAINAGE 30,000 99-01 PROJECT RESERVE 48,310 * CAPITAL OUTLAY 1,158,110 ** CAPITAL $ 1,158,110 FUND 448 STORMWATER UTILITY FUND Dept 7l Debt Service Div 1 l Debt Service 71-16 STORMWATERNOTE 34,120 71-25 2007 UTILITY TAX BONDS PRINCIPAL 1,020 72-16 STORMWATERNOTE-INTEREST 20,150 72-25 2007 UTILITY TAX BONDS INTEREST 49,830 * DEBT SER VICE 105,120 ** DEBT SERVICE $ 105,120 *** STORMWATER UTILITY FUND ~ 2,666,370 EXHIBIT "B" TO RESOLUTION NO.36-10 Property Total 12 Month Description Rate Structure Assessment Single Family Residential ($5.33/Mo./ERU) (12 Mo.) (1 ERU) $ 63.96 Condominium ($5.33/Mo./ERU) (12 Mo.) (Condo Factor) $ 63.96 (ERU/Unit) x CF* Single Owner Multi-Family Residential ($5.33/Mo./ERU) (12 Mo.) $ 63.96/ERU Non-Residential Developed ($5.33/Mo./ERU) (12 Mo.) $ 63.96/ERU Undeveloped ($5.33/Mo./ERU) (12 Mo.) (1.20 ERU/AC) $ 76.75/AC All properties within the Lake Worth Drainage District (LWDD), as indicated by the LWDD's boundary map, shall receive a 25% discount. All properties for which the City does not provide for the maintenance of street drainage systems shall receive a 25% discount. *A specific condominium factor (0.0 - 1.0) has been determined for each condominium development. A list of those factors is attached. Cityy of Delray Beach, Florida STORMWATER MANAGEMENT ASSESSMENT CONDOMINIUM RATES FOR TAX YEAR 2010 Program: SWLIB/SWCONDO Prepared: 7/12/10, 10:03:37 Page: 1 Condominium ------- Units --------- ERUs ------- -------------------------------------------- Acacia House 3 .91 Admiral Apta. 10 .70 Anchorage 8 .32 Ardmore 13 .70 Arnold Industrial Park 3 1.00 Astor 98 .34 Atlantic Grove 49 .93 Avenue East Retail 6 1.00 Bahama House of D.B./Brook Haven/Ocean Reach Apts. 22 .70 Bahia at Delray 236 .79 Balmoral 12 .57 Banyan House 65 .63 Banyan Tree Village 55 .96 Bar Harbour 85 .39 Barr Terrace 95 .38 Barrton Apts. 103 .46 Beach Cabanas 12 .64 Beach House of Delray 12 .70 Beekman 14 .70 Bella Vista 8 1.00 Berkshire By The Sea 48 1.00 Berkshire I 23 .79 Bermuda high 22 1.00 Bermuda High South 29 .96 Bermuda High West 46 1.00 Blairs Downtown 3 .89 Block 60 92 .13 Boca Isle/Point at Delray Beach 93 .69 Brooks Lane 6 1.00 Cambridge 8 1.00 Captains Walk 57 .86 Casa Del Mar 11 .49 Casa Playa 11 .73 Chevy Chase 16 .70 Churchill 30 .60 City Walk at Pineapple Grove 42 .54 Coach Gate 7 .97 Coastal House 85 .41 Colridge 3 .87 Commodore Apts. 8 .70 Congress Commerce Center 149 1.00 Congress Park Office 33 .45 Congress Professional Building 4 1.00 Coral Cove 7 .70 Coral Trace Office Park 20 1.00 Costa Del Rey 39 .65 Country Manors 440 1.00 Court of Delray 43 8 .40 88 Courtyards at Martel Arms . Cove Apts 5 .70 Crest 6 .79 Del Harbour 1040 Del Haven Dr. 4 .70 Del Harbour 1820 S Ocean Blvd. 18 .32 Delhaven 24 .74 City of Delray Beach, Florida STORMWATER MANAGEMENT ASSESSMENT CONDOMINIUM RATES FOR TAX YEAR 2010 Program: SWLIB/SWCONDO Prepared: 7/12/10, 10:03:37 Page: 2 Condominium Units ERUs Delray Beach Club 77 .48 Delray Beach Yacht Club 12 .53 Delray Dental Specialists 3 .70 Delray Estates 324 .55 Delray Golfview 36 .57 Delray Harbour Club 50 .71 Delray Oaks 142 .95 Delray Oaks West 256 1.00 Delray Ocean Villas 15 .70 Delray Park 6 1.00 Delray Place 42 .72 Delray Shores Professional 8 1.00 Delray Summit 67 .40 Domaine Delray 60 .91 Dover House 46 1.00 Downtown Lofts 7 .45 Duval Place 8 .71 Eastview of Delray Beach 3 .70 Eastview Village Square 24 1.00 Eastwinds 84 .69 Eight Hundred Ocean Place 8 1.00 Environment I 92 .93 Fairwax 72 1.00 Fall Ridge 60 1.00 First Avenue 8 1.00 First Encounter 46 .70 Florida Blvd 3 •97 Fountain Square Office of Delray 13 1.00 Georgia Street Industrial Park 3 1.00 Golfview Colony 8 1.00 Grand Bahama Professional 15 1.00 Greensward Village 135 .91 Grove 28 •99 Hamilton House 23 .84 Harbour Pointe of Delray 10 .70 Harbour Villas 13 .73 Harbourside I-III 175 .76 High Point 1,992 .76 Imperial Manor 12 .70 Imperial Villas 199 .96 In raham House 4 .70 Inlet Cove 16 1.00 Inner Circle 16 .72 Intercoastal Cove 4 .70 Jardin Del Mar 38 .83 Lago Del Rey 338 .86 Lago Del Rey North Amsterdam 30 .57 Lakeside 212 .46 Lakeview Greens 128 .90 Landings of Delray Beach 64 1.00 Lanikai Villas 24 .52 Latitude Delray Beach 76 .35 havers Delray Racquet Club 566 1.00 Ledges 3 .70 Cityy of Delray Beach, Florida Program: d SWLIB/SWCONDO 10:03:37 7/12/10 STOI2MWATER MANAGEMENT ASSESSMENT Prepare : , CONDOMINIUM RATES FOR TAX YEAR 2010 Page: ----------- 3 ---------------------- ------------------------------------------ Condominium - ----- Units ----------------- ERUs ------------------------ ------------------------------------------ Linton Ridge 84 .39 Linton Woods 24 1.00 Lyndon Arms 8 .64 Manor House 24 2 .67 00 1 Marina Bay Marina Del Rey 10 . .70 Mark Downtown 2B .39 Martel Arms 30 1.00 Meridian Delray 59 .44 Miramar Gardens 48 .38 Narberth/Ocean Aire 14 .70 New Monmouth 17 .70 Ocean Cit Lofts 68 .31 Ocean Eas~ 8 .85 Ocean Place 29 1.00 Ocean Place-2155 30 .77 Ocean Terrace 8 .70 One Sixtyy Center 3 1.00 One Ten Apts 4 .70 Outrigger 25 1.00 Palm Square 8 .70 Palm Trail 22 .70 Palm Villas 60 1.00 Palm Villas at Delray Beach 4 .95 Park View Manor 16 .55 Patio Beach 10 .70 Pelican Pointe 56 .81 Penthouse Delray 80 .41 Pine Beach South 6 .70 Pineapple Grove Village 160 .27 Pines of Delray 685 .72 Pines of Delray North 700 .99 Pines of Delray West 287 .?8 Plum 7 1.00 Professional Centre at Delray Beach 4 1.00 Ranger 10 .70 Royyal Atlantic ].6 .26 Saba1 Pine 255 .85 Sabal Pine East 222 .93 Sabal Pine South 128 .87 Sands Terrace 14 .50 Savoy 8 .70 Seabreeze of Delray 5 .69 Seagate Manor 63 .51 Seagate Residences 28 1.00 Seagate Towers 149 .49 5eastone Apts. 10 .34 Seaway Villas of Delray Beach 6 .70 Serena Vista 30 1.00 Seven Seventy 17th Ave. 9 .70 Sherwood Gardens 36 .55 Sloan Hammock Land 5 .98 South Congress Commerce Center 2 1.00 South County Professional 46 1.00 Cityy of Delray Beach, Florida Program: d SWLIB/SWCONDO 37 10 03 7/12/10 STORMWATER MANAGEMENT ASSESSMENT : Prepare : : , CONDOMTNIUM RATES FOR TAX YEAR 2010 Page: 4 Condominium Units ERUs South Ocean 10 1.00 South Shore Club 15 1.00 Southridge 37 1.00 Southridge Village 68 .90 Southwinds 84 .69 Spanish River 81 .34 Spanish Traii 20 .59 Spanish Wells 240 .72 St Troppez 64 .43 Stor-a11 12 .70 Sunset Pines 66 1.00 Tahiti Cove 18 .79 Talbot House III 4 .70 Three Fifty Five Building 7 1.00 Tierra Verde at Delray Beach 300 .84 Town & Country 148 .57 Tropic Bay 1-17 399 .61 Tropic Harbor 222 .49 Tropic View 48 1.00 Twelve-O-Two 6 .58 Valhalla 8 1.00 Venetian Drive Townhouse 4 .70 Venetian Village 14 1.00 Verano At Delray 252 .42 Village at Swinton Square 100 1.00 Villas Delray 7 .39 Vista Lago 14 .70 Wallace Drive Commerce 13 1.00 Waterview Apts. 8 .67 Waterway East 22 1.00 Waterway North 15 p' Wedgewood 6 West Settlers 6 Weston Palms 4 White Columns 3 Williamsburg Inn 12 Windemere House 30 Winston B Woodbrooke 13 250 CONGRESS AVE 4 Total condominium units 14,115 Average ERU/unit .75 202 Records processed -- End of Listing -- MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 7, 2010 SUBJECT: AGLNDA ITEM_10.C. -REGULAR COMMISSION MEETING OF JULY 20, 2010 ORDINANCE NO. 16-10 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a historic designation and individual listing on the Local Register of Historic Places for The Harvel House, to be located at 186 N.W. 5th Avenue. BACKGROUND At the first reading on July 6, 2010, the Commission passed Ordinance No. 16-10. The attached ordinance for second reading includes the addition of a statement that the ordinance will become effective upon issuance of a Certificate of Occupancy for the structure upon relocation. RECOMMENDATION Recommend approval of Ordinance No. 16-10 on second and final reading. 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 5T" AVENUE, AS 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, 2010, 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. Section 4 That all Ordinances or parts of Ordinances in conflict herewith be, and the same are hereby repealed. Section 5 That should any section or provision of this ordinance or any portion thereof any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6 That this ordinance shall become effective upon issuance of a Certificate of Occupancy for the subject structure upon relocation from 36 SE 1St Avenue to 186 NW Stn Avenue. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 201_ ATTEST: MAYO R City Clerk First Reading Second Reading 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 ,TLTLY 6, 2010 ORDI]~ANCE 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 Preservation Board 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 Historical 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) for its historical and cultural significance. The Harvel Houseis 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 tither 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, Barwicks, 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 or aesthetic significance. The subject frame vernacular structure is indicative of early Delray Beach architecture with its architectural http://miwcb00l /Agendas/Bluesheet.aspx?ItemID=3475&MeetingID=263 7/7/2010 Page 2 of 2 modesty and practical elements, such as the raised foundation for storm safety and overhangs and porches for added protection from the weather. Therefore, the structure "portrays the environment in an era of history characterized" by its architectural styles, and embodies "distinguishing characteristics of an architectural style, period, or method of construction." Additionally, it "contains elements...which represented, in its time,...adaptation to the South Florida environment." REVIEW BY OTHERS The West Atlantic Redevelopment Coalition (WARC) reviewed the subject designation at their June 8, 2010 meeting and recommended approval. The Downtown Development Authority (DDA) reviewed the subject designation at their June 14, 2010 meeting and recommended approval. RECOMMENDATION Move approval on first reading of Ordinance No. 16-10 to list The Harvel House at 186 NE 1St Avenue (relocated) on the Local Register of Historic Places, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and Sections 4.5.1(B) and 4.5.1(C) of the Land Development Regulations. http://miweb001 /Agendas/Bluesheet.aspx?ItemID=3475&MeetingID=263 7/7/2010 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Designation Request: The Harvel House Property Address: 36 SE 1S` Avenue (To be relocated to 186 NW 5`h Avenue) HPB Meeting Date: June 16, 2010 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 1S` Avenuel186 NW 5`h Avenue), pursuant to Land Development Regulations (LDR) Section 4.5.1(C), Designation Procedures. BACKGROUND The subject structure is located at 36 SE 16` 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 5'h 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 Plan 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 5"' Avenue. A complete site plan application regarding the use and associated site improvements will be submitted subsequent to the approvals for the relocation and the individual designation. The approval for the aforementioned redevelopment of 36 SE 1 S` 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 Society. At 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 Section 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 the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site, historic district, or historic structure, the property or properties must fulfill one or more of the criteria set forth in division (2) or (3) below;. The H;,rvel House Designation; ?_010-143 i1P[~ Meeting June 10, 2010; Ptaye 2 of 4 The subject structure meets the following criteria: (B)(2} Historical or cultural significance: (a) Is associated in a significant way with the life or activities of a major person important in city, state, or national history (for example, the homestead of a local founding family); (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history; STAFF COMMENT: The Harvel House is named for a Delray Beach pioneer family who owned the property at 36 SE 1 S~ 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 construction as he was both a farmer and carpenter. The history of 36 SE 1S' Avenue also has ties to other prominent Delray settlers such as the Sterlings, Barwicks, O'Neals, and Scotts who owned the property prior to the Harvel family. Therefore, the proposed designation meets the historical or cultural significance criteria noted above. Further explanation of this importance is provided in the attached designation report. {B){3) Architectural or aesthetic significance: (a} Portrays the environment in an era of history characterized by one or more distinctive architectural styles; (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. STAFF COMMENT: The subject frame vernacular structure is indicative of early Delray Beach architecture with its architectural modesty and practical elements, such as the raised foundation for storm safety and overhangs and porches for added protection from the weather. Therefore, the designation of the subject structure meets the architectural or aesthetic significance criteria noted above as it "portrays the environment in an era of history characterized" by its architectural styles, and embodies "distinguishing characteristics of an architectural style, period, or method of construction." The structure also meets Criteria (c) as it "contains elements...which represented, in its time,...adaptation to the South Florida environment." Further explanation of this importance is provided in the attached designation report Designation Procedures Pursuant to Section 4.5.1(C)(1), buildings which meet the criteria for historic sites set forth in Section 4.5.9(8) maybe designated as historic sites, and maybe listed on fhe Local Register of Historic Places. Pursuant to Section 4.5.1(C)(3), the Board shall conduct a preliminary evaluation of the information provided on each nomination application to determine if it generally conforms with historic status criteria. Pursuant to Section 4.5.1(C)(4), upon completion and forma! review of the report, the Board shall set a public hearing on each proposed designation. STAFF COMMENT: The subject structure has been deemed to meet criteria set forth in 4.5.1(8), and therefore, the HPBs preliminary evaluation of this designation on June 2, 2010 resulted in the setting of a Public Hearing for the meeting of June 16 2010 as required by Section 4.5.1(C). The Harvel House Designation; 2010-143 HPE3 Meeting June 1G, 2010; 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 guidelines through the following policies: Policy A-4.1 Prior to approval 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 Board must make a finding that the requested action is consistent with the provisions of Section 4.5.9 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". Policy A-4.2 Jn 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 once every frve years. STAFF COMMENT: The proposed designation meets the intent of the applicable Objective and Policies noted above, as the redevelopment of 36 SE 1S` Avenue did not provide for the preservation of the subject structure, while its designation upon relocation to 186 NW 5~" 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 Commission have been tentativel sy cheduled for July 6 and 20, 2010 COURTESY /PUBLIC NOTICES Public Notice letters were mailed to the property owners within a 500' radius of 186 NW 5'" Avenue where the structure will be individually designated upon relocation from 36 SE 1S' Avenue. Courtesy Notices of the Public Hearing were sent out to the Neighborhood Advisory Council, West Settlers Advisory Board, and PROD (Progressive Residents of Delray). Letters of support or objection, if any, will be presented at the HPB meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission that The Harvel House be listed in the Local Register of Historic Places at 186 NW 5th Avenue, 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 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 5`h Avenue, by finding that the request is inconsistent with the Comprehensive Plan, and Sections 4.5.1(6} and 4.5.1 {C) of the Land Development Regulations. The Harvei House Designation; 2010-1~3 i-IPB Meeting June 16; 2010: Page 4 of 4 RECOMMENDATION Move a recommendation of approval to the Ci#y Commission that The Harvel House be listed in the Local Register of Historic Places at 186 NW 5«' Avenue, 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 Sections 4.5.1(6) and 4.5.1(C) of the Land Development Regulations. Attachments: The Harve! Mouse Designation Reporf, Location Maps Staff Report Prepared by: Amy Alvarez, Nistorrc Preservation Planner Designation Report Historic Preservation Board Delray Beach, Florida The Harvel House Table of Contents I. GENERAL INFORMATION II. LOCATION MAP III. NOT APPLICABLE IV, HISTORICAL AND CULTURAL SIGNIFICANCE V. ARCHITECTURAL SIGNIFICANCE VI. STATEMENT OF SIGNIFICANCE _ VII. BIBLIOGRAPHY AND SOURCES VIII. ATTACHMENTS Report Prepared By: Robert W. Ganger Dorothy W. Patterson 3 NE First Street Delray Beach, FL 33444 274-9578 (Archives) E-mail dbhsarch@bellsouth.net Date of Report: May b, 2010 Name of Owners: Delray Beach Redevelopment Agency {CRA) 20 North Swinton Avenue Delray Beach, Florida 33444 I. General and Applicant Information Address The Harvel House is named for two prominent settler families who owned the property for many years. Its original location is 36 SE 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 Descriptions Current Location -Lots 16, 17, and 18 inclusive, Less the South 75fit /Block 69 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 Patm Beach County, Florida. Location The original location is in the southeast section of Delray Beach just south of East Atlantic Avenue, the main street. Before 1926 the street was known as ~; South Gailliard. ;~ ~~ :, The new location will be at 186 NW Fifth Avenue in the old "Sands" neighborhood of Delray Beach now the West Settlers Historic District. Zoning Current Location -- OSSHAD (Old School Square Historic Arts District) Proposed Location - CBD (Central Business District) { Classification for Designation " We believe that the Harvel House meets the criteria for both architectural and cultural significance for the reasons described in the following pages of the report. II. Location Map To be rovided b Cit of Delra Beach. P Y Y Y III District Inventory Not applicable .... IV. Historical and Cultural Significance Surrounded by modern buildings and bustling commercial activity, the little carpenter's cottage at the corner of Southeast 1St Avenue and Southeast 1St Street almost looks out of place. In a few months, it will be moved to a quieter location where a new life beckons. Before the journey begins, we reach back in time to reveal how this modest house fits into the story of how Defray Beach grew and prospered. Harvel Cottage For the purposes of this document, #36 will be named "Harvel Cottage" For family most associated with the land and dwelling. Roy Hinson Harvel built the house ca. 1937. He or his sister occupied Harvel Cottage until 1973. Pioneer Beginnings Block 69 in the 1896 plat map was a "Ground Zero" location in the new Linton community. Located at the southeast intersection of Swinton and Atlantic Avenues, the block was destined to attract attention from early settlers and land speculators because of its proximity to the railroad depot and the two major streets in town. Henry Sterling was apparently the first owner of Block 69 land. By the early 1900s, the block was purchased, subdivided, and sold to other pioneering families. The lots directly fronting Atlantic Avenue were developed for commercial use, including the Bijou Theater and the Masonic Lodge. A 1922 Sanborn map only shows one residence south of Atlantic Avenue, located at 32 Gaillard Street (SE 1St Ave). By the mid-1920s, at least four more houses were built and even more were planned before the late 1920s real estate bust. Lots 16, 17 and 18 The crown jewel residential lots in Block 69 might have been the southeast corner properties (lots 16-18) bordering 1st Avenue and 1St Street. These were owned by T.M. O'Neal, an early pioneer and civic leader who operated the first repair shop in town, known as the "Delray Manufacturing and Repair Works". He was a blacksmith, wheelwright, carpenter, and mechanic, and his financial backer was Henry Sterling. O'Neal's original shop was located on Atlantic Avenue, one block east of Block 69. When the automobile arrived in Delray, O'Neal diversified into auto mechanics, converting his repair shop into the most modern service garage in the area. As with most pioneers, he invested cash from his businesses into land. During 1924, O'Neal and his wife, Effie, apparently entered into a purchase or financing agreement with several well-known Delray investors to develop ... ..... ..... ....... ~ .~:.:.;s...;,. . . lots 16, 17, and 18. The Barwick family, farmers, land owners and real estate brokers (of "Barwick Road" and Barwick Building fame), provided a $4000 bridge loan to acquire some of the property, as did one Sarah Aron, a widow who provided a $4000 private mortgage and may have planned to build a home on one of the Pots. The Real Estate Bust 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 1936, 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 1900s and built the first building, a tiny house. He was also the owner of Lot 19. 1937 The properties were sold in auction to Mr. Harvel by a Special Master. The price was $163.27. Relieved of ail future obligations were the Halbert Corporation, B. F. Sandy, Sarah Aron, and H. D. Barwick, holders of the mortgages or other financial obligations. Thy Harvels G.W. Harvel arrived in Delray in 1903. He was afarmer/carpenter, and undoubtedly had a hand in building many of the town's original dwellings. The Harvel's had 8 children, including Roy Hinson Harvel, owner of the prosperous Standard Oil dealership in Delray. Despite the grim economic conditions in the 1930s, Roy Harvel must have thought that building a simple house on his newly acquired property was a good investment. 36 SE 1St Avenue Local building records are murky, but it appears that Harvel subdivided lots 16-18 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 Roy Harvel owned the property for over 20 years. It was sold in 1959 to Cora Van Vranken, his sister who was recently widowed. Harvel took back a $5000 mortgage which was released in 1973 when the house was again sold. There have been three owners until 2004 when the property became commercial. The O'Neal family retained an interest in the original property through a 75' subdivision. Lena O'Neal, a daughter, married into the Scott family, owners of the Seacrest Hotel. Lena O'Neal Scott willed her property to her son and executor, L. Stanley Penny, who held ownership until 1995. The Harvel and O'Neal families have been part of Delray history For well over a century. 0n that basis alone, the cottage at 36 SE ist needs to be preserved. V. Architectural Significance Architectural significance is based on the fact that the most ~rominent Delray Beach architectural characteristic during the early 20 h century was modest, understated cottages and bungalows. These cottages were built strong enough to survive time, climate and hurricanes. The Harvel House is an example of this type. A profusion of cottages and bungalows is often cited as a component of the old Delray style. Clemmer Mayhew III states the following in Design Guidelines for Historic Places (1990): "In the settlement era frame vernacular responded to specific needs and environmental concerns. Based on local resources, the need for safety from storms and animals created raised foundations. Pitched gables allowed for ventilation, and Dade County Pine assured longevity. Roof overhangs and porches gave relief from rain and sun." During the depression years of the 1930s when the Harvel House was built, cottages remained popular in Delray Beach. The City's continued appeal as a winter resort "can be attributed to the dozens of modest wood frame cottages" according to John Johnson in the 1987 Delray Beach Historic Sites Survey. VI. Statement of Significance Regarding historical and cultural significance, the Chain of Title for the land and house described In this report reveals a strong connection with prominent early Delray settler families such as the Sterlings, Barwicks, O'Neals, Scotts and Harvels. Much more could be written about the contributions to Delray Beach by these five families. The cottage's architectural significance is based on its being of a type that sheltered pioneers and winter resort visitors as well as military families during the World War II years. The existence of Delray's cottages was essential and a boost to its economy. It is important for the record of Delray Beach history that examples of these cottages survive. The new placement in the West Settlers District seems appropriate as this area was historically a neighborhood of modest family frame cottages. VII. Bibliography & 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, Polk, Price & Lee. Biography files. Oral histories. Sanborn Maps, Delray; 1922; 192b. Design Guidelines for Historic P/aces by Clemmer Mayhew III, page 4, published by the City of Deiray Beach, 1990. De/ray Beach Historic Sites Survey, by John P. Johnson, Historic Palm Beach County Preservation Board, 1987 (Note: abolished by the Florida Department of State). Delray Beach News (& Journal) 1928-1952 My Go/d Coastby Laura Sinks Britt, Brittany House Publishers, Palatka, 1984. Historical Society of Palm Beach County Tropical Sun Newspaper. O'Neal biography file. Palm Beach County Records, Palm Beach County Courthouse, West Palm Beach, Florida Dade and Paim Beach County Property Records. Deed Recordings Block 69, 189b-2009. Deed references (copies of deeds on microfiche). Paim Beach County Property Tax Appraiser's records. i Personal Interviews Thomas Stanley (representing Stanley and MacMillan families). Linda Harvel. Attachments Four views of Harvel House at 36 SE First Avenue (2 pages) Floor plan and proposed orientation on lot at 182 NW 5"' Avenue Chain of Titie Two sections of 1922 Sanborn Map showing SE First Avenue (Block 69) and O'Neals Garage north of Atlantic Avenue. 1926 Sanborn Map section. Map of West Settlers District Single Family Residence to be Relocated From 36 SE First Avenue ~~ ~ ~. °f . ~;•., J, . ~;~'~; Front Perspective ~~ View from Southeast _...~~ ,..w' ~, ~N~ ~~ ~ ~~ ~~ ~~'" `~ ~~w~ - ~`~. ~ ,., ~ `t'~' " xY 8''~ . } = ~ ~ a ~ ~ ~~~ ~~ ,w.. 'd5 fl ~ a. ~ kit .a-^' •~ ~r '^'* @~ Hx i 5 .~ r i= v ;0.v xn_ ~ .. t..< ~.'. t ~~M -., ~ ,, ,. i ~, 3 ,. r <.` ~ ~ ~- ~:. ~. .. . Rear Perspective /~ ~- 5 °.~ 4 ~a~ ~+ ~ : t ~ . d View from Northwest ~. I~'. ~~~ ^~ ' ~ ; _ ,,~, ~s w s d ~t 5~c Vacant Lot 36 SE Forst Avenue County Property Records describe this property as Lots 16,17,18 in)~ack 69. I could find no records on these lots in the Block 69 history prior to 1925. Activity commenced in 1925, but the record is hazy. The Clerk recorded entries out of order, and it is unclear as to the eua~ct role of various parties named in 'Warranty heeds, mortgages, assiF,nments, and the like. Many of the names below are probably agents as titles changed hands. One J.M. O'Neal and his heirs seem to brave been involved with the property for over 50 yea=s. Could this be the ~roces of the same name? FoUowin~ is am eotr.Y by-entry title chain: 1/27/25 J_M. O'Neal and wife to L.W. Currier WD 16,17 3/13125 L. W. Curriex to L.L. Barwick WD 1b,17,18 ti11917.5 Thiel tc- .T. M. (?'Neil Re anh Thiel 2/28/25 Sarah Aran, Widow to L. L. Barwick Mortgage !bid 2/28/25 L.L. Barwick to Sarah Aron WD 1_1~R/~5. ~»reh Amn to T.R. Mc~aaovitx Wn 7/31!26 J.B. Muscavitz and wf .to H.N. Pitt and wf WD 8!24126 L.L. Barwick to Sarah Aron Assignment T.1ndivjdecLhAlf. nteregt- 12/24/26 W.M. Pitt and wf to Harbert Corp W.D 6/10/37 A.3. Hussey, Special Master ~~t,~t~:Qt q.n~ed. 12/23/46 ~ Halbert Corp. to R.H. Harvel Ct.C.D. 619/59 R.11. Harvel to Cora Van Vranken, widow WD 16-18, Less S. 75' 6/9/59 Cora Van Vranken to Roy Harvei $5000 mortgage 3/4/62 Fred B. Scott and wf to Lexba O. Scott W.D. S ~5.' ~of 1,~. i,f~i $ 4!19/73 Cora Van Vranken bo J. Wesley Smith WD 7/31/73 J. Wcsley"Smith and wf (Inez) WD To Lena O'Neat, widow and . L. Stanley Penny 1995 Stanley Penny and wf ((Jo Nell) WD To A. Hopkins Kenncmer 2001 A. Hopkins Kennemer m Pamela Reeder WD 2004 Pamela Reedoz to So. Devil Services WD ~O.QQ SI~S.to. Swinton Veitt-uoec • Penny is listed as personal z8p, sole heir and co-owner--apparently he was O'Neal's son bry- an earlier marriage. ~;_~ ---- ~'..' `~~ `~ ~~` to ~.. .~ - i e ~: ~ S ..- ~ ~ ~-: r f~ •• i ,r a .., Q ~ y_ (~ ~ .. ~ .p ~ ' v - Q ~ ~7"` 7uvn. .II 1~ ..~ f/i i 1! r« . ~ ~u `Q6 . ^` N ~~M ~ / ' ~ ~ i ;~~$!''. ,.' ~ , i ~ X71;,[ - D i} r..~ ;.-, ~~ D ~ .... '~ ~71T ... ~. a e .~._' j r . -;-.~ ~ ~• (a'~sJ v it •- : YI .SAN. 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PLANNING AND ZONING DEPARTMENT ~ LOCATION MAP -- DlC/TAL B4SE ANP SYS7FM -- MAP REF: S:\Planning k Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1061 _36 SE 1st. Avenue L A K E I D A R O A D a ST. 3 3 Z Z 3 z A T L A N T I C m )- ' ,`' '~ ° ~ SUBJECT PROPERTY 186 NW 5TH AVENUE ,~., __ PLANNING AND ZONING DEPARTMENT LOCATION MAP -- DIGIUL BI~SE IMP SYSTEM -- IMP REF: S:\Pbnnirp k Zoning\DBNS\Flle-Cab\Z-LM 7001-TSOO~u~TT88_Tas NW 5th Avenue ~r~~~~ MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Mark McDonnell, Assistant Director of Planning and Zoning THROUGH: David T. Harden, City Manager DATE: July 16, 2010 SUBJECT: AGENUA ITEnl_1O.C1 -REGULAR COMMISSION MEETING OF JULY 20, 2010 WAIVER REQLIESTS/I-IARVEL HOUSE ITEM BEFORE COMMISSION The action requested of the City Commission is approval of waivers associated with the relocation of a historic structure from 36 SE 1St Avenue to 186 NW 5th Avenue. The relief requests are as follows: 1. To allow relocation of the subject structure prior to permit issuance for redevelopment of 36 SE 1st Avenue by modifying the conditions of approval for the new development and removing this requirement; 2. To allow relocation of the subject structure prior to permit issuance for redevelopment of 36 SE 1st Avenue by waiving this requirement noted in Section 4.5.1(E)(6)(a); and, 3. To provide relief and flexibility to the height, front setbacks, paving, and side interior setbacks of the proposed development by waiving the required CBD Development Standards noted in Section 4.4.13 (F). The redevelopment has not received a building permit, and the subject structure and new location will be redeveloped in an appropriate and compatible manner, but will not meet the CBD Development Standards. Therefore, the requests noted above are necessary to complete the proposed redevelopment of 186 NW 5th Avenue. BACKGROUND The subject structure is presently located at 36 SE 1St Avenue and is classified as contributing to the Old School Square Historic Arts 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 existing zoning is OSSHAD (Old School Square Historic Arts District) while the zoning for the proposed location is CBD (Central Business District). The relocation was necessitated by the August 19, 2008 approval of an appeal request to the City Commission to overturn the Historic Preservation Board's denial of a Class V Site Plan application which included 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. It is noted that at the time of the Class V Site Plan approval, an application for the structure's relocation to a new property had not been formally submitted. At its meeting of June 16, 2010, the Historic Preservation Board (HPB) approved the Certificate of Appropriateness (COA) request for the relocation and recommended approval of the two waiver requests and modification of the condition of approval that required the redevelopment permit be issued prior to relocation of the structure from 36 SE 1St Avenue. Relocation -Waiver and Approval Modification Pursuant to Section 4.5.1(E)(6)(a), Relocation, the relocation of historic buildings and structures, whether contributing, non-contributing, or individually designated, to other sites shall not take place unless it is shown that tl2eir preservation on the existing or original sites is not consistent with the following: 1 the purposes of this Section; 2. would cause undue economic hardship to the property owner in accordance with the definition oj` undue economic hardship found in Section 4.5.1 (H); or, 3. a building permit leas been issued for the Historic Preservation Board approved redevelopment. As previously stated, the waiver is required as the request does not comply with the criteria noted above. While the redevelopment for 36 SE 1St Avenue has been approved, those plans have not yet been submitted for a building permit, and the approval will expire on August 19, 2010. A request to extend the redevelopment approval an additional two years was submitted on July 2, 2010, and will be considered by the Commission at an upcoming meeting. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding tlz~at 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 tl~e same waiver would be granted under similar circumstances on other property for another applicant or owner. The following excerpt is from the waiver request letter submitted by the applicant and owner of the receiving property at 186 NW 5th Avenue: '...Given tl~e current economic conditions, construction of the proposed office building i~s highly unlikely; however, this is an opportunity to relocate and preserve the historic structure and ensure it does not become neglected in the interim. The relocation would complement the proposed improvements to the adjacent (Muse) house, the Spady MuseumlMunnings Cottage, and MLK Jr. Drive Beautification project, as well as the recently completed improvements along the NW Sit' Avenue corridor. Relocation of the contributing structure at X12is time will have a positive impact on the significant public and private investments that /nave been made along the Historic Sit' Avenue corridor and the surrounding neighborhood. " Analysis The intent of the subject requirement is to minimize the negative impact of creating a void in the streetscape within a historic district. However, given the fact that adaptive reuse and incorporation into a new development is highly improbable, coupled with the fact that the CRA intends to reuse the structure within the near future, the waiver and modification to the redevelopment conditions of approval can be supported as follows: (a) leaving the structure on the site is more likely to adversely affect the area, as it has the potential to fall into disrepair by neglect, therefore its relocation is a preferred alternative; (b), the provision of public facilities is not likely to be affected; (c) an unsafe situation will not be created by removing the structure prior to the redevelopment plans as the site will be maintained and the vacant structure will be removed minimizing the likelihood of vagrants illegally residing in the structure; and, (d) while it is hopeful that this situation will not present itself again, a strong case and similar circumstance would need to exist in order for the waiver to be granted, thereby not resulting in a special privilege. Given the above, Staff recommends approval of both the modification to the redevelopment conditions of approval and the waiver to the relocation requirement relative to the issuance of a building permit for the redevelopment at 36 SE 1st Avenue, as positive findings can be made pursuant to LDR Section 2.4.7 (B)(5). CBD Development Standards As previously noted, the subject structure is proposed to be relocated into the CBD zoning district. The West Atlantic Neighborhood CBD regulations were established to provide for an "emphasis on the preservation and enhancement of existing neighborhoods, while promoting a pedestrian friendly commercial area...that contains a mix of residential, commercial and civic functions. Businesses that are oriented toward serving the local neighborhood, as opposed to a regional area, are encouraged. " Therefore, the Development Standards significantly reduce the setback requirements to enhance the streetscape. Additionally, a minimum height of twenty-five feet (25') is required to further ensure the maintenance of a downtown aesthetic. However, due to the relocation of the historic structure into the West Settlers Historic District, a waiver to such requirements has been submitted as it does not meet the applicable CBD Development Standards listed in 4.4.13(F), as follows: • (1)(a), Height: Overall Height of buildings shall be a minimum of twenty five feet (25')...; The height is of the historic structure measures approximately 12' 6" • (4)(a), Setbacks:Lots of record with a width of •ffty feet (50') or less shall be exempted from the building frontage requirements provided a minimum five foot (S') to maximum ten foot (10') setback is provided for the portion of the building from finished grade to twenty-five feet (25') in height...; The submitted site plan indicates a 20' setback (after dedication) from NW 5th Avenue; this setback is consistent with the adjacent properties to the south which also face NW 5th Avenue. •(4)(>~1., Supplemental:The front setback area shall be finished with paving materials to match the existing or planned sidewalks within the adjacent right-of--way. While terrazzo sidewalks are located along NW 5th Avenue, the concrete sidewalks indicated on the site plan will not detract from the neighborhood while providing access between NW 5th Avenue and the subject structure. Additionally, the subject structure is to be located 20' from the front property line, which would require a significant amount of hardscaping. •(5)(a),Side Interior Setbacks, Zero feet (0') from the property line if tlTere is vehicular access available to the rear of an_y structure,... The site plan indicates vehicular access to the property from the rear alley, and a 5' side interior setback has been provided on the south, while the structure is significantly set back from the north property line along NW 2nd Street. It is noted that a pocket park will be constructed in the area between the subject structure and NW 2°d Street as part of the Martin Luther King, Jr. Boulevard Beautification Project. The following excerpt is from the waiver request letter submitted by the applicant and owner of the receiving property at 186 NW 5th Avenue: "The existing one-story structure is 12.5' in height,...a 20' front building setback is proposed for the building (after right-of--way dedication) to be consistent with the alignment and orientation of the existing historic structures associated with the Spady Museum Complex and Muse house (182 NW Srh Avenue). Since the structure will be setback 20', lead walkways are proposed along with landscape materials to be complementary to the adjacent historic structures. The sidewalk material will be cornpleme~itary to the existing colored concrete walkway on NW Soh Avenue adjacent to the property. There is dedicated access to the rear via the alley; however a side interior setback of S' has been provided and 16' between historic structures in order to accommodate pedestrian access to the rear to the property, comply with fire and building code regulations. It is noted to the north of the structure will be a public plaza, which will be constructed as part of the MLK Jr. Drive Beautification project. " Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not signifcantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Analysis As stated above, the intent of the CBD Development Standards is to maintain a pedestrian friendly scale appropriate to downtown. However, give the historic development pattern and associated pedestrian friendly scale along NW 5th Avenue which deviated from that of Atlantic Avenue, the waiver can be supported primarily due to the fact that the structure is historic, as well as: (a) the reduced scale is more appropriate to the neighborhood, and requiring the structure to meet the Development Standards would likely create more of an adverse or incompatible and inappropriate affect; (b) the public facilities are likely to be much less impacted than requiring compliance with the Development Standards; (c) an unsafe situation is not likely to result from the granting of such relief; and, (d) in addition to the fact that other waivers have been granted in similar circumstances, the waiver is appropriate as it supports the adaptive reuse of a historic structure, and should be granted in similar circumstances. Given the above, Staff recommends approval of the waiver request as positive findings can be made pursuant to LDR Section 2.4.7(B)(5). RECOMMENDATION Modification to Conditions of Approval for Class V Site Plan at 36 SE 1St Avenue as set forth in the City Commission Board Order dated August 18, 2008. Approve the request to modify the condition placed on the redevelopment approval for 36 SE 1st Avenue, to remove the condition which requires that the relocation of the structure at 36 SE 1st Avenue not occur until the permit for the redevelopment plans has been issued. Waiver: LDR Section 4.5.1(E)(6)(a), Relocation Approve the waiver request to 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. Waiver: LDR Section 4.4.13(F), Development Standards Approve the waiver request to LDR Section 4.4.13(F), Development Standards, to allow the subject structure to be relocated without meeting the noted CBD Development Standards. 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 TWO WAIVERS AND MODIFICATION OF CONDITIONS OF APPROVAL ASSOCIATED WITH THE RELOCATION OF A HISTORIC STRUCTURE FROM 36 SE 1ST AVENUE TO 186 NW 5T" AVENUE 1. These waiver requests and modification of conditions of approval associated with the relocation of a historic structure from 36 SE 1St Avenue to 186 NW 5`h Avenue came before the City Commission on July 20, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests and modification of conditions of approval associated with the relocation of a historic structure from 36 SE 1St Avenue to 186 NW 5th Avenue Required findings are made in accordance with Subsections I, II, and III. I. WAIVER TO ALLOW THE RELOCATION OF A HISTORIC STRUCTURE PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR THE REDEVELOPMENT PLANS: Pursuant to Section 4.5.1(E)(6)(a), Relocation, the relocation of historic buildings and structures, whether contributing, non-contributing, or individually designated, to other sites shall not take place unless it is shown that their preservation on the existing or original sites is not consistent with the following: 1. The purposes of this Section; 2. Would cause undue economic hardship to the property owner in accordance with the definition of undue economic hardship found in Section 4.5.1(H); or 3. A building permit has been issued for the Historic Preservation Board approved redevelopment. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver request to allow the relocation of a structure prior to the issuance of a building permit for the redevelopment plans meet all the requirements of 2.4.7(8)(5)? Yes No II. WAIVER TO ALLOW THE STRUCTURE TO BE RELOCATED WITHOUT MEETING THE APPLICABLE CBD DEVELOPMENT STANDARDS: The applicable CBD Development Standards listed in 4.4.13(F), provide as follows: Section 4.4.13(F)(1)(a): (a) Overall Height of buildings shall be a minimum of twenty-five feet (25') and a maximum of forty-eight feet (48') in height. Exceptions to the height limitations shall comply with Section 4.4.4Q)(3) and (4). For the purposes of this section, height is defined as the vertical distance from grade to the highest finished roof surface of a flat roof, or the soffit above the last habitable floor of a gable, hip or gambrel roof. Section 4.4.13(F)(4)(e)(3): 3. Lots of record with a width of fifty feet (50') or less shall b exempted from the building frontage requirements provided a minimum five foot (5') to maximum ten foot (10') setback is provided for the portion of the building from finished grade to twenty-five feet (25') in height and a minimum fifteen foot (15') setback is provided above a height of twenty-five feet (25') and above forty-eight feet (48') a thirty foot (30') minimum setback from the property line shall apply. Section 4.4.13(F)(4)(f)1.: The front setback area shall be finished with paving materials to match the existing or planned sidewalks within the adjacent right-of-way. Section 4.4.13(F)(5)(a): 2 (a) Zero feet (0') from the property line if there is vehicular access available to the rear of any structure. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver request to allow the subject structure to be relocated without meeting the applicable CBD Development Standards meet all the requirements of 2.4.7(6)(5)? Yes No II. MODIFICATION OF THE CONDITIONS OF APPROVAL AS STATED IN THE AUGUST 19, 2008 CITY COMMISSION ORDER: Condition #11 of the August 19, 2008 City Commission Order, states: 11. That relocation does not take place until the permit for the redevelopment plans has been issued. Is the modification to the condition of approval in the City Commission Order dated August 19, 2008 consistent with the City's Comprehensive Plan and LDR requirements? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 3 in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Sections 4.5.1(E)(6)(a)3. and 4.4.13(F)(10)(a), 4.4.13(F)(4)(e)3., 4.4.13(F)(4)(f)1., and 4.4.13(F)(5)(a) and the modification to the conditions of approval of the August 19, 2008 City Commission Order. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 20th day of July, 2010, by a vote of ATTEST: Chevelle Nubin, City Clerk 4 Nelson in favor and onnosed. HISTORIC PRESERVATION BOARD MEMORADUM STAFF REPORT Applicant/Property Owner: Delray Beach Community Redevelopment Agency Property Address: 186 NW 5th Avenue, The Harvel House HPB Meeting Date: June 16, 2010 COA: 2010-142 ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness (COA) and waiver requests associated with the relocation of The Harvel House from 36 SE 1St Avenue, Old School Square Historic District to 186 NW 5th Avenue, West Settlers Historic District, pursuant to LDR Section 2.4.6(H). BACKGROUND & PROJECT DESCRIPTION The subject structure is presently located at 36 SE 15` 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 5'h Avenue within the West Settlers Historic District. The HPB will hold a public hearing for the designation of the subject structure at its meeting of June 16, 2010, and the public hearings before the City Commission are tentatively scheduled for July 6 and 20, 2010. The existing zoning is OSSHAD {Old School Square Historic Arts District) while the zoning for the proposed location is CBD (Central Business District). It should be noted that although the structure is classified as contributing within the Old School Square Historic District, the historic designation is necessary as the contributing classification does not transfer to the new property, regardless of its relocation into a new historic district. In time, the structure may be deemed contributing to the West Settlers Historic District as it will earn its own significance at the new location. 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. A waiver to allow the relocation prior to the issuance of a building permit for the new development is further detailed below. In addition, a second waiver is required to grant relief from the applicable CBD Development Standards as the proposal will not meet certain requirements relative to height, setbacks, and paving materials. A complete site plan application regarding the new use and associated site improvements will be submitted subsequent to the approvals for the relocation and the site designation. The two {2) waiver requests associated with the relocation are as follows: 1. Remove the condition of approval by the City Commission and to Section 4.5.1(E){6)(a) to allow the relocation of the subject structure prior to the permit issuance for the redevelopment of 36 SE 1St Avenue; and, 2. Provide relief and flexibility to Section 4.4.13(F), CBD Development Standards, regarding height, front setbacks, paving, and side interior setbacks. 186 iJVU 5"' Avem+e. Han~?I No~.i::e Rr-.i~7Caiinn COIti 2~J'i0-'i~2 FIPG Wle;;(n~g ~~f ,iune '1 G, ~C~ I n f'~1q Fi ~ Of >:i The COA and waiver requests associated with the relocation of the subject structure from 36 SE 1St Avenue to 186 NW 5`h Avenue is now before the Board for consideration. ANALYSIS Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. Pursuant to LDR Section 2.4.6(H}(5), Prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Pursuant to LDR Section 4.5.1(E), Development Standards, all development regardless of use located within historic districts, whether contributing or noncontributing, residential or nonresidential, shall comply with the goals, objectives, and policies of the Comprehensive Plan, these regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Pursuant to LDR Section 4.5.1(E){2}(c.){5), Minor Development, the subject application will be zoned CBD and "any changes to Individually Historically Designated properties, whether already on site or newly designated, to help facilitate the move of a historic structure into a historic districP' STAFF COMMENT: The proposed improvements are considered "Minor Development" in accordance with the LDR noted above. Pursuant to LDR Section 4.5.1(E)(5), Standards and Guidelines, a historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. The applicable Standards are noted below: Standard 1 A property shall be used for its historic purpose or be placed in a new use that requires minima! change to the defining characteristics of the building and its site and environment. The applicable Guidelines noted below are relative to the relocation of historic buildings: • Whether or not the character of the relocated building is similar in scale, massing, height, and setting with the majority of the contributing structures that make up the historic district; • Whether or not the proportion of the buildings moved info the historic district is significantly higher Phan the number that originally comprised the historic disfrict, and; • Whether or not the relocated building maintains their original integrity in form and materials as well as their original context with regard fo their relationship to other buildings, orientation, setback and important landscape features. Pursuant to LDR Section 4.5.1(6)(a), Relocation, relocation of historic buildings and structures, whether contributing, non-contributing, or individually designated, to other sites shall not take place unless it is shown that their preservation on the existing or original sites is not consistent with the following: 1. the purposes of this Section; 1136 IV?•N `"',µvr~ri:c. harvel House F;~~Ic,r..:,tticn: l;G~. `_'i~?Q_Ir2 I IF'E~ {4iP,r?tine of .~,m' 'ice. 2ii1~i Pag? :t of f 2. would cause undue economic hardship to the property owner in accordance with the definition of undue economic hardship found in Section 4.5.1 (H); or, 3. a building permit has been issued for the Historic Preservation Board approved redevelopment. Pursuant to LDR Section 4.5.1(6){b), Relocation, all structures approved for relocation and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which if existed at time of application. STAFF ANALYSIS: The relocation request is not contrary to the aforenoted guidelines and Standards. Its reuse should require minimal change to the defining architectural characteristics. Unfortunately, its setting will change, but the structure will be placed in a new environment which maintains its prominence along the streetscape. A waiver to the requirements for redevelopment permit issuance prior to relocation has been submitted and is analyzed below. It is noted that the CRA has required, as part of the Relocation Agreement with the property owner, that the property at 36 5E 1St Avenue (sending site) be maintained with the existing landscaping, and that sod be installed within the building footprint. A fence exists around a significant portion of the property minimizing the tendency to create an unsightly vacant parcel. Given the appropriateness of the new setting and the requirements for the existing property, positive findings can be made to the Sections noted above. Pursuant to LDR Section 4.5.1(E)(8), Visual Compatibility Standards, New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic disfrict shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, facade, openings, rhythm, material, color, Texture, roof shape, direction, lot coverage, and square footage, and other criteria set forth elsewhere in Section 4.5.1. STAFF ANALYSIS: A complete analysis of the Visual Compatibility will be conducted upon review of the Class V Site Plan application which will include the exact location and other associated site improvements relative to the conversion of the property to anon-residential use. At this time, however, the structure itself it deemed compatible within the West Settlers Historic District with respect to its architectural style, size, scale, and mass. Therefore, positive findings can be made with respect to the LDR Section 4.5.1{E)(8), Visual Compatibility Standards - WAIVER ANALYSIS Relocation As previously noted, a waiver request for both the City Commission's condition of approval and to Section 4.5.1 {E)(6)(a) is required because the building permit has not been issued for the redevelopment of 36 SE 1St Avenue prior to the relocation of the subject structure. Pursuant to Section 4.5.1(E)(6){a), Relocation, the relocation of historic buildings and structures, whether contributing, non-contributing, or individually designated, to other sites shalt not take place unless it is shown that their preservation on the existing or original sites is not consistent with the fo!lowing.• 1. the purposes of this Section; 2. would cause undue economic hardship to the property owner in accordance wifh the definition of undue economic hardship found in Section 4.5.1 (H); or, 3. a building permit has been issued for the Historic Preservation Board approved redevelopment. m 186 i•:VV Avenue. Ha1V°! roUS~ Re!t7railon GOP. "[G i0-iS:? N°~ Pje~=tini_7 Ui ,b.u:•e ~, .20';0 i'::, c.l e: n t:i ~~ The applicant and owner of the receiving property at 186 NW 5~' Avenue has provided the following statement in support of the waiver: The CRA has entered into an agreement with the property owner to enable the CRA to relocate the house to the West Settlers Historic District. ...Given the current economic conditions, construction of the proposed office building is highly unlikely; however, this is an opportunity to relocate and preserve the historic structure and ensure it does not become neglected in the interim. The relocation would complement the proposed improvements to fhe adjacent (Muse) house, the Spady Museum/Munnings Cottage, and MLK Jr. Drive Beautifrcation project, as well as the recently completed improvements along the NW 5rh Avenue corridor. ...Pursuant fo the Relocation Agreement between the CRA and the owner of the property at 36 SE 1 sr Avenue, the property owner shall insure that the existing landscaping on the property is maintained in its current condition, and That sod is installed under the footprint of the house and is irrigated, and maintained in accordance with the City of Defray Beach Code of Ordinances. The property owner shall also replace and fill any gaps in the wood fence located on the east side of the Property, in accordance with the City of Delray Beach Code of Ordinances. Relocation of the contributing structure at this time will have a positive impact on the signifrcant public and private investments that have been made along the Historic 5"' Avenue corridor and the surrounding neighborhood. The relocation will not diminish the provision of public facilities and Witt not create an unsafe situation. The waiver will not result in a special privilege as fhe same waiver could be granted under similar circumstances to ensure the preservation of an historical resource. Pursuant to LDR Section 2.4.7(B}{5), prior fo 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. WAIVER ANALYSIS The intent of the the subjec# requirement is to minimize the negative impact on creating a void in the streetscape within a historic district. However, given the fact that adaptive reuse and incorporation into a new development is highly improbable, coupled with the fact that the CRA intends to reuse the structure within the near future, the waiver can be supported as follows: (a) leaving the structure on khe site is more likely to adversely affect the area, as it has the potential to fall into demolition by neglect, therefore its relocation is a preferred alternative; (b), the provision of public facilities is not likely to be affected; (c) an unsafe situation will not be created by removing the structure prior to the redevelopment plans as the site will be maintained and the vacant structure will be removed minimizing the likelihood of vagrants illegally residing in the structure; and, (d) while it is hopeful that this situation will not present itself again, a strong case and similar circumstance would need to exist in order for the waiver to be granted, thereby not resulting in a special privilege. Given the above, Staff recommends approval of the waiver request to eliminate the condition of approval, and waive the relocation requirement relative to the issuance of a building permit for the redevelopment at 36 SE 15` Avenue, as positive findings could be made pursuant to LDR Section 2 4 7(B)(5) ~" n t u6 t,li~J ~ , ,den~~:. taarvt' I Htx.ts:= F:r:Ioc~Uiorr. L !t1 ~, t - i ~s tj^i3 fJSHniirri7 rti i;~n; 16, ?~)'~:~ Page 5 <>r fi CBD Development Standards As previously noted, the subject structure is proposed to be relocated into the CBD zoning district. The West Atlantic Neighborhood CBD regulations were established to provide for an "emphasis on the preservation and enhancement of existing neighborhoods, while promoting a pedestrian friendly commercial area...that contains a mix of residential, commercial and civic functions. Businesses that are oriented Toward serving the local neighborhood, as opposed to a regional area, are encouraged." Therefore, the Development Standards significantly reduce the setback requirements to enhance the streetscape. Additionally, a minimum height of twenty-five feet (25'} is required to further ensure the maintenance of a downtown aesthetic. However, due to the relocation of an existing structure, a waiver to such requirements has been submitted as it does not meet the Development Standards. The following Development Standards listed in Section 4.4.13(F), Development Standards, are applicable to the subject request: • (1){a), Height: Overall Height of buildings shall be a minimum of Twenty-five feet (25')...; • (4)(e)3., Front Setbacks, Exceptions: Lots of record with a width of fifty feet (50) or less shall be exempted from the building frontage requirements provided a minimum five foot (5') to maximum ten foot (10) setback is provided for the portion of fhe building from finished grade to twenty-five feet (25') in height...; • (4)(f)1., Supplemental: The front setback area shall be finished with paving materials to match the existing or planned sidewalks within the adjacent right-of--way. • (5)(a),Side Interior Setbacks, Zero feet (0') from the property fine if there is vehicular access available to the rear of any structure, .. . In addition to the similar explanation provided above, the applicant and owner of the receiving property at 186 NW 5`h Avenue has provided the following: The existing one-story structure is 12.5' in height, ...a 20' front building setback is proposed for the building (after right-of--way dedication) to be consistent with the alignment and orientation of the existing historic structures associated with the Spady Museum Complex and Muse house (182 NW 5r`' Avenue). Since the structure will be setback 20', lead walkways are proposed along with landscape materials fo be complementary to the adjacent historic structures. The sidewalk material will be complementary to the existing colored concrete walkway on NW 5"' Avenue adjacent to the property. There is dedicated access to the rear via the alley; however a side inferior setback of 5' has been provided and 76' between historic structures in order to accommodate pedestrian access to the rear to the property, comply with fire and building code regulations. It is noted to fhe north of the structure will be a public plaza, which will be constructed as part of the MLK Jr Drive Beautification project. 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 resulf in fhe grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. WAIVER ANALYSIS As stated above, the intent of the CBD Development Standards is to maintain a pedestrian friendly and scale appropriate to downtown. However, give the historic development pattern and associated pedestrian friendly scale along NW 5"' Avenue which deviated from that of Atlantic Avenue, the waiver can be supported primarily due to the fact that the structure is historic, as well as: (a) the reduced scale is more appropriate to the neighborhood, and requiring the structure to meet the Development Standards would likely create more of an adverse or incompatible and inappropriate affect; (b) the 9R6 f•:11+1 .`;'~ FSvem!e. Ia~N~I H:^;!s:: nelc,C,~iion' C:C`i~ ;~Os~_;q~ Hf'Et f~leaiinc~ t.f .h.!ne 16. l(it0 Page. r; of t'; public facilities are likely to be much less impacted than requiring compliance with the Development Standards; (c} an unsafe situation is not likely to result from the granting of such relief; and, (d) aside from the fact that other waivers have been granted in similar circumstances, the waiver is appropriate as it supports the adaptive reuse of a historic structure, and should be granted in similar circumstances. Given the above, Staff recommends approval of the waiver request as positive findings can be made pursuant to LDR Section 2 4 7(B}(5) ALTERNATIVE ACTIONS A. Continue with direction. B. Approve the Certificate of Appropriateness (2010-142) for 186 NW 5th Avenue, The Harvel House, based on positive findings with respect to the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation subject to conditions. C. Deny the Certificate of Appropriateness (2010-142) for 186 NW 5th Avenue, The Harvel House, based upon a failure to make positive findings with respect to the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (Motion to be phrased in the affirmative. See above.) - RECOMMENDATION By Separate Motions: Certificate of Appropriateness Approve the Certificate of Appropriateness {2010-142) for 186 NW 5th Avenue, The Harvel House, based on positive findings with respect to the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject to the following conditions of approval: 1. That a complete site plan be submitted for the change of use for the subject property; 2. That any demolition necessitated by the relocation be submitted to for Board review; 3. That the site at 36 SE 15~ Avenue be sodded and all remaining landscaping be maintained; and, 4. That, pursuant to the Relocation Agreement between the CRA and the property owner of 36 SE 1S` Avenue, the existing landscaping on the property be maintained in its current condition, sod be installed, irrigated, and maintained within the remaining footprint of the house, any gaps in the wood fence be replaced and/or filled on the east side of the property. Waiver: LDR Section 4.5.1(E)(6)(a), Relocation Recommend approval to the City Commission to approve the 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. Waiver: LDR Section 4.4.13(F), Development Standards Recommend approval to the City Commission to approve the waiver request to LDR Section 4.4.13(F), Development Standards, to allow the subject structure to be relocated without meeting the applicable CBD Development Standards. Report Prepared by: Amy E. Alvarez, Historic Preservation Planner Atfachmenfs: Waiver Request Lefters, Site Plan, Photographs. i A T L A N T I C I S.W. 3 vi ~' ~'~If i ST. I e _S N SUBJECT PROPERTY 36 SE 1ST AVENUE _„+.,, 12-4s-ae-18-01-089-0181 -___- PLANNING ANO ZONING LOCATION MAP DEPARTMENT -- pJC/lAL fbISE MrtP SYSICM -- MAP H6: S:\Pionnh9 & Zwin9\DBMSVue-Coe\i-lM tool-i~oo\univoi_~o ac ~n, nrsnue ' A K E I D A R O A D ~~ ~~~ A V E N U E N SUBJECT 186 NW 5TH AVENUE ,.~_ PROPERTY qTY of DELRAY BEAgi. Et ~~ LOCATION MAP PLANNING A~ ZONING DEPARTMENT -- DIGpAL tidSf~ MAP SYSI£M -- MAP REF: 5:\Pkmdrq g ZaJrg\08M5\Fk-Cad\Z-LM IOOt-~50o~lMl ~ms_iao nor xn revenue Single Fa °ly ~e~i ence to be elocated Frorn 36 SE First Avenue -~:~ v Front Perspective ~. 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A6 n: _ ~ o< P Z 10 - ~ ~..~..__. i------ _~ o (n3noaan~ 11) AvM ~0 1H71M 737rv 0311Y1d o1 ~~ -~ ~ ~ ~ ;; $~ ;~.~ 0 ~; ~ ~--.-t- p.- .a ~f N ` ~1a ~ - @ i ~ `py.~;.o ~ ~ ' < ~ + I w - + O 1 $u~ II w ~ ; +- I r- I ~ w t i Q 'nrMCC` ~ U 6 B ~ 61 )17018 61 N7018 ( (n 1 I 0 lA~ S lob -- - aHl S 5101 ~0 3Hil ' --- - - ------- roam ~~~~ ~~~Rny e~~c+~ COMMUNITY REDEVELOPMENT AGENCY June 7, 2010 Mr. Paul Dorling, AICP, Director City of Delray Beach Department of Planning and Zoning 100 NW 1St Avenue Delray Beach, FL 33444 Re: 36 SE 1St Avenue -Relocation Waiver Request Letter 8~ Elimination of Site Plan Condition of Approval Dear Paul: The City of Delray Beach Community Redevelopment Agency (CRA) respectfully requests a waiver to LDR Section 4.5.1(E)(6)(a) concerning the relocation of the historic house from 36 SE 1S' Avenue (Old School Square Historic District) to 186 NW 5th Avenue (West Settlers Historic District), as well as the following condition of site plan approval associated with 36 SE 1 S' Avenue: "The relocation does not take place until the permit for the redevelopment plans has been issued. " Swinton Venture, LLC owns the property located at 36 SE 1S' Avenue, which contains a historically contributing single family residence. At the August 19, 2008 City Commission meeting, the Commission approved the Class V site plan application, waiver and variance requests to construct an office building on the referenced property subject to conditions, including the following conditions regarding the historic house: That a COA application for relocating the house is submitted by the prospective owner and the application approved by the HPB. The structure shall be appropriately relocated to a historic district and the relocation application shall contain an application for individual listing as historic. The relocation does not take place until the permit for the redevelopment plans has been issued. Subsequent to the approval, the developer approached the CRA concerning the preservation of the structure as efforts to relocate it to other properties in the historic districts were unsuccessful. At the CRA Board meeting of August 14, 2008, staff presented information and photos concerning the potential relocation of the house to a CRA-owned property and the Board expressed interest. After consideration of various sites, it was determined that the most appropriate location for the structure would be the CRA-owned property located at 182 -186 NW 5'h Avenue (Muse Property). The relocated house would be situated on the north side of the property, just north of the existing house. The subject property, which is zoned CBD (Central Business District), has high visibility and is within the West Settlers Historic District. The intent is to convert the house to commercial space (office or retail). 20 Norfh Swindon Avenue Delray Beach, Florida 33444 - Phone: 561/Zlb-8640 fax: 561/Z76-8558 - www.delraycra.org To: Paul Dorling, AICP Re: 36 SE 15' Avenue -Relocation Waiver Request Letter & Elimination of Site Plan Condition of Approval Page 2 Waiver Request: Pursuant to LDR Section 4.5.1 {E)(6)(a) (Relocation), relocation of historic buildings and structures, whether contributing, non-contributing, or individually designated, to other sites shall not take place unless it is shown That their preservation on the existing or original sites is not consistent with the following: 1. the purposes of this Section; 2. would cause undue economic hardship to the property owner in accordance with the definition of undue economic hardship found in Section 4.5.9 (H); or, 3. a building permit has been issued for the Historic Preservation Board approved redevelopment. The request is to waive Section 4.5.1(E)(6)(a) as highlighted above to relocate the building prior to issuance of a building permit for the redevelopment of 36 SE 1St Avenue. The CRA has entered into an agreement with the property owner to enable the CRA to relocate the house to the West Settlers Historic District. Waiver Findings: Section 2.4.7{8)(5) Findings: Prior to granting a waiver, the granting body shall make findings that the granting of the waiver.' (a) Shall not adversely affect the neighboring area; (b) Sha/! 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. Waiver Anal ysis: Based on LDR Section 4.5.1(E)(6}(a) and the conditions of approval, relocation cannot take place until the permit far the redevelopment plans has been issued. Given the current economic conditions, construction of the proposed office building is highly unlikely; however, this is an opportunity to relocate and preserve the historic structure and ensure it does not become neglected in the interim. The relocation would complement the proposed improvements to the adjacent (Muse) house, the Spady Museum/Munnings Cottage, and MLK Jr. Drive Beautification project, as well as the recently completed improvements along the NW 5th Avenue corridor. It also noted that during the resurvey of the West Settlers Historic District in 2008, a concern was that the District has experienced a loss of historically contributing buildings. The relocation of the house to the West Settlers Historic District and individual historic designation will enable the District to increase its inventory in the future. The COA and Historic Designation applications are currently being processed. At the December 16, 2009 HPB meeting, the board reviewed the Conceptual Plan to relocate the house from 36 SE 1St Avenue to 182 - 186 NW 5"' Avenue. The consensus of the board was in support of the relocation. At its meeting of June 2, 2010, the HPB approved the Class II site plan modification far the Spady Parking Lot Expansion, which included the relocation of the house onto the property at 186 NW 5th Avenue. Pursuant to the Relocation Agreement between the CRA and the owner of the property at 36 SE 1St Avenue, the property owner shall insure that the existing landscaping on the property is maintained in its current condition, and that sod is installed under the footprint of the house and is irrigated, and maintained in accordance with the To: Paul Dorling, AICP Re: 36 SE 151 Avenue -Relocation Waiver Request Letter & Elimination of Site Plan Condition of Approval Page 3 City of Delray Beach Code of Ordinances. The property owner shall also replace and fill any gaps in the wood fence located on the east side of the Property, in accordance with the City of Delray Beach Code of Ordinances. Relocation of the contributing structure at this time will have a positive impact on the significant public and private investments that have been made along the Historic 5~' Avenue corridor and the surrounding neighborhood. The relocation will not diminish the provision of public facilities and will not create an unsafe situation. The waiver will not result in a special privilege as the same waiver could be granted under similar circumstances to ensure the preservation of an historical resource. Thus, positive findings can be made with respect to LDR Section 2.4.7(8)(5). Based upon the above, the CRA respectfully requests a waiver to LDR Section 4.5.1(E)(6)(a), elimination of the site plan condition of approval, and approval of the Certificate of Appropriateness to relocate the house from 36 SE 1 s1 Avenue to 186 NW 5`h Avenue, prior to issuance of a building permit for the redevelopment of the property at 36 SE 1S` Avenue. Should you have any questions or need additional information, please do not hesitate to contact me. Si rely, 1 Diane Colonna, CP Executive Director C: Jeff Costello, Asst. Director, CRA Walt Gerhard, Project Manager, CRA Mark McDonnell, Asst. Director, Planning & Zoning Department Amy Alvarez, City Historic Preservation Planner ~~~~ D~LRAY B~t~C~l COMMUNITY REDEVELOPMENT AGENCY June 8, 2010 Mr. Paul Dorling, AICP, Director City of Delray Beach Department of Planning and Zoning 100 NW 1St Avenue Delray Beach, FL 33444 Re: 186 NW 5th Avenue -Waiver Request - CBD Development Standards Dear Paul: The City of Delray Beach Community Redevelopment Agency (CRA) respectfully requests a waiver to LDR Section 4.4.13(F} Central Business District Development Standards associated with the relocation of a historically contributing house from 36 SE 1St Avenue to 186 NW Stn Avenue. Swinton Venture, LLC owns the property located at 36 SE 1St Avenue, which contains a historically contributing single family residence. At the August 19, 2008 City Commission meeting, the Commission approved the Class V site plan application, waiver and variance requests to construct an office building on the referenced property subject to conditions, including the following conditions regarding the historic house: • That a COA application for relocating the house is submitted by the prospective owner and the application approved by the HPB. • The structure shall be appropriately relocated to a historic district and the relocation application shall contain an application for individual listing as historic. • The relocation does not take place until the permit for the redevelopment plans has been issued. Subsequent to the approval, the developer approached the CRA concerning the preservation of the structure as efforts to relocate it to other properties in the historic districts were unsuccessful. At the CRA Board meeting of August 14, 2008, staff presented information and photos concerning the potential relocation of the house to a CRA-owned property and the Board expressed interest. After consideration of various sites, it was determined that the most appropriate location for the structure would be the CRA-owned property located at 182 -186 NW Stn Avenue (Muse Property). The relocated house would be situated on the north side of the property, just north of the existing house. The subject property, which is zoned CBD (Central Business District), has high visibility and is within the West Settlers Historic District. The intent is to convert the house to commercial space (office or retail). At the CRA Board meeting of March 25, 2010, the CRA Board approved the Relocation Agreement with the property owner for the CRA to relocate the structure to 186 NW 5th Avenue. 20 Norfh Swinfon Avenue ~ Delray Beach, Florida 33444 - Phone: Sbl/276-8640 - fax: 561/276-8558 www.delraycra.org To: Paul Dorling, AICP Re: 186 NW 5th Avenue -Waiver Request - CBD Development Standards Page 2 Waiver Request: In order to allow the historic structure to be relocated to the Central Business District, waivers to the following development standards of LDR Section 4.4.13(F) [or LDR Section 4.4.13(F) in its entirety] is necessary. Section 4.4.93(F)(9)(a)(Height) -Overall height of buildings shall be a minimum of 25'. The existing one-story structure is 12.5' in height. Section 4.4.93(F)(4)(e)(3)(Front Setbacks -Exceptions) - Lofs of record with a width of fifty feet (50) or less shall be exempted from the building frontage requirements provided a minimum five foot (5') to maximum ten foot (70') setback is provided far the portion of the building from finished grade to twenty-five feet (25'). A 20' front building setback is proposed for the building (after right-of-way dedication) to be consistent with the alignment and orientation of the existing historic structures associated with the Spady Museum Complex and Muse house (182 NW 5th Avenue). Section 4.4.93(F}(4)(f)(Supplemental) -The front setback area shall be finished with paving materials to match the existing or planned sidewalks within the adjacenf right-of- way. Since the structure will be setback 20', lead walkways are proposed along with landscape materials to be complementary to the adjacent historic structures. The sidewalk material will be complementary to the existing colored concrete walkway on NW 5th Avenue adjacent to the property. Section 4.4.13(F)(5)(a)(Side Interior Setbacks) -Zero feet (0') from the property line if there is vehicular access available to the rear of any structure. There is dedicated access to the rear via the alley; however a side interior setback of 5' has been provided and 16' between historic structures in order to accommodate pedestrian access to the rear to the property, comply with fire and building code regulations. It is noted to the north of the structure will be a public plaza, which will be constructed as part of the MLK Jr. Drive Beautification project. Waiver Findings: Section 2.4.7(8)(5) Findings: Prior to granting a waiver, the granting body shall make findings 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. Waiver Analysis: The proposal is an opportunity to relocate and presence the historic structure and provide for the anticipated adaptive re-use for a commercial use that will assist in the continued revitalization of the NW/SW 5th Avenue corridor. The relocation will complement the proposed improvements to the adjacent (Muse) house, the Spady Museum/Munnings Cottage (relocated from NW 3rd Avenue), and MLK Jr. Drive Beautification project, as well as the recently completed improvements along the NW 5th Avenue corridor. It also noted that during the resurvey of the West Settlers Historic District in 2008, a concern was that the District has experienced a loss of historically contributing buildings. The relocation of the house to the West Settlers Historic District and individual historic designation will enable the District to increase its inventory in the To: Paul Dorling, AICP Re: 186 NW 5th Avenue -Waiver Request -CBD Development Standards Page 3 future. The COA and Historic Designation applications are currently being processed. With regard to the CBD development standards, the proposed structure will be located at the north edge of the CBD zone district and is adjacent to adjacent to single family residential zoning. The relocated structure will abut an existing one-story residential structure, which will be converted to accommodate anon-residential use in the future. To the north a public plaza will be constructed in conjunction with the MLK Jr. Drive Beautification Project. Thus, the relocated structure will provide a transition from the single family residences to the north while maintaining consistency with the historic development pattern for the portion of NW 5tt' Avenue adjacent the Spady Museum Complex. At the December 16, 2009 HPB meeting, the board reviewed the Conceptual Plan to relocate the house from 36 SE 1St Avenue to 182 - 186 NW 5th Avenue. The consensus of the board was in support of the relocation. At its meeting of June 2, 2010, the HPB approved the Class II site plan modification for the Spady Parking Lot Expansion, which included the relocation of the house onto the property at 186 NW 5tt' Avenue. Relocation of the contributing structure at this time will have a positive impact on the significant public and private investments that have been made along the Historic 5th Avenue corridor and the surrounding neighborhood. The waivers to the respective CBD development standards will not diminish the provision of public facilities and will not create an unsafe situation. The waiver will not result in a special privilege as the same waiver could be granted under similar circumstances where a property is located at the outer edge of the CBD district and adjacent to single family zoning to ensure the preservation of an historically contributing resource. Thus, positive findings can be made with respect to LDR Section 2.4.7(8)(5). Based upon the above, the CRA respectfully requests waivers to the referenced development standards of LDR Section 4.4.13(F). Should you have any questions or need additional information, please do not hesitate to contact me. S' rely, Di e Colonna, AICP Executive Director C: Jeff Costello, Asst. Director, CRA Walt Gerhard, Project Manager, CRA Mark McDonnell, Asst. Director, Planning & Zoning Department Amy Alvarez, City Historic Preservation Planner MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 7, 2010 SUBJECT: A(=ENDA I_TEM 10.D. - IZEGULAR COMMISSION MEETING OF .TULY 20, 2010 ORDINANCE NO. (19-10~ECOND READING/SECOND PUBLIC HEARING) ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider city initiated amendments to the Land Development Regulations (LDR), 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". BACKGROUND At the first reading on July 6, 2010, the Commission passed Ordinance No. 09-10. RECOMMENDATION Recommend approval of Ordinance No. 09-10 on second and final reading. ORDINANCE N0.09-10 AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACf-1, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, 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" PROVIDING A SAVING CLAUSE, A GE NE RAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City 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, pimsuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amer-dment at a public hearing held on Jame 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 chan8e 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 P1aiuling and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE QTY COIvIlvIISSION OF THE QTY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Article 4.4, 'Base Zoning District", Section 4.4.9, "General Commercial District", Subsection (B), 'Trincipal Uses and Strl.rctru~es 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 are allowed within the GC District as permitted uses, except as modified in the Four Corners Overlay District by Section 4.4.9(G)(3)(a). (1) General retail uses including, but not limited to: ~ ~ Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering. cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, medicines and prescriptions, electrical fixttmes and supplies, fabrics, fish flowers and plants, fnrits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equpment, leather goods, luggage, medical and surgical equipment, music and musical instnmrents, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equripment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. (2) Business ar~,Professional, and Medical uses including, but not limited to: * ~ Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business offices, professional offices, and medical offices. (3) Contractor's Offices, including but not limited to: La,)Air conditioning, general contractor, electrical, painting. and plumbing; however, any outside storage of materials is prohibited. (4) Services and Facilities including, but not limited to: ~ ~ Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, financing e.g banks and similar institutions including drive-through facilities, Laundromats limited to self-service facilities, pet grooming, restaurants including drive-in and drive-thmugh, 2 ORD No. 09-10 tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing. driving, gyrru~astics, photography, rrx~deling, and karate-judo, small item repair, and rental of sporting goods and equripment (such as but not limited to bicycles, skates, boogie boards). (fib Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g g}m1s 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 must 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 Comers 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, fortwle tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and rrental healers, subject to the locational restrictions of Section 4.4.9(I-~(3). (~ 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 Pemutted", 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 wdthin the CBD District as a pemutted 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, cosmetics, Treats, draperies and slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish, flowers and plants, fnrits and vegetables, food, garden supplies, gifts, gkassw~are, hardware and paints, home fumishingS, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and rrnrsical instnm~ents, 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) Bursinessr ~d pProfessional, and Medical uses pursuant to restrictions set forth in Section 4.4.13(1-x(1) including. but not limited to: O1ZD No. 09-10 (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business, medical, and professional offices. (3) Services and facilities including, but not limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, Laundromats limited to self-service facilities, pet grooming, restaurants excluding drive-in and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving. gyrrniastics, 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) Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.& gyms and clubs, museums, libraries, newsstands, comrrercial or public parking lots and parking (c) Public open space plazas (4) Multi-family dwelling units, excluding duplexes, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is twelve (12) dwelling units per acre. (5) Hotels, motels, bed and breakfast inns, and residential-type inns except in the West Atlantic Neighborhood (6) Assisted Living Facilities and Continuing Care Facilities, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, wl~eere the maximum density is twelve (12) dwelling units per acre. Section 4. That Article 4.4, 'Base Zoning District", Section 4.4.15, 'Planned Office Center District", Subsection (B), 'Principal Uses and Structures Pernutted", 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 POC District as a permitted use: (1) Banks and financial institutions including drive-in and drive through facilities. (2) Brokerage establishments, including watercraft, aviation, and motor vehicles but without on premises storage of items, except that securities brokers may store sectnities brokered by them on the premises. (3) General 13Business offices. (4) Computer and data management services, including the servicing of hardware. 4 ORD No. 09-10 (5) Medical offices ' (61 Medical Clinics t~.(7~ Medical and dental laboratories. {~~ Professional offices. (~~ Photographic studios. ~ 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 Struct~ues Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be arrended 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 tn~stees, landscape architects, opticians, optomeh~sts, osteopaths, physicians, psychologists, surgeons, and interior designers. (2) General Business Offices for businesses without outside storage of inventory or egtripment. (3) Banks and Financial Institutions including drive-through facilities. (4) Finance, insurance, travel, and real estate services. (5) Medical Offices ' (6) 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, Florida, shall hereby be arrended to read as follows: (B) Principal Uses and Structures 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, aHd pProfessional, and Medical offices. ORD No. 09-10 (4) Abused spouse residence limited to forty (40) or fewer residents. (5) Funeral parlors, funeral homes. (6) Parking lots not associated with a use, putst~ant to an adopted neighborhood or redevelopment plan (7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (8) Assisted Living Facilities. Section 7. That Article 4.4, "Base Zoning District", Section 4.4.17, "Residential Office District", Subsection (G), "Supplemental District Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified and added p~usuant to the following (1) All uses shall be in completely enclosed buildings and any outdoor storage is expressly prohibited (2) Parking regtrired for business, medical, and professional offices shall be at the standard of one space per three hundred square feet of net floor area (1 /300). However, this requirerr~lt maybe reduced to 1 /400, or at least by one parking space, when there is a mix of residential and office use in the same structure or for an existing stnrhme on a property located within a designated historic district or an individually designated historic site. Section 8. That Appendix "A", "Defir-itions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended as follows: MEDICAL CLINIC An establishment where patients, not lodged overnight except for emergency treatment and observation, including outpatient sur~-v, are admitted for examination and treatment by one or more persons practicing any form of healing or medical health services. Such persons may be chiropractors, dentist, naturopaths, opticians, optometrists, psychologist, surgeons, or any other medical profession, the practice of which is lawful in the state. MEDICAL LABORATORY• An establishment whose primes role is the collection and/or testing of medical samples obtained from a medical office or on-site sampling of patients. MEDICAL OFFICE Shall mean a-~aeili~y an office providing services to the public by physicians, dentists, surgeons, chiropractors, osteopaths, physical therapists, nurses, acup~nzcturists, podiatrists, optometrists, psychiatrists, (who are also lmow ~ health care practitioners) or others who are duly licensed to practice their respective professions in the State of Florida, as well as others, including but not linuted to technicians and assistants, who are acting under the supervision and control of a licensed health care practitioner. 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 fl~ose professions so classified by the Laws of Florida, and which are conducted as professions and not as a trade or other business, such as attorneys engineers architects and other similarly licensed Rrofessionals. PROFESSIONAL OFFICES do not include offices for the treatment 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 ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the reir~aincler hereof as a whole or part thereof other than the part declared to be invalid Section 10. That all ordu~lces or parts of ordinances in conflict herewith shall be, and the same are hereby repealed Section 11. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this day of , 2010. MAYOR ATTEST: City Clerk First Reading Second Reading ORD No. 09-10 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Planning and Zoning Department THROUGH: City Manager DATE: July 1, 2010 SUBJECT: AGEI~DA_ITEM 10. B. -REGULAR COMMI_S_SION MEETING OF JULY 6, 2010 ORDINAI~'CE NO. 09-10_(FIRST READING/FIRST PUBLIC_HEARIN_ GJ ITEM BEFORE COMMISSION The item before the City Commission is that of approval of aCity-initiated text amendment to the Land Development Regulations with the intent to clarify the "medical office" use, by specifically 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 Office" 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 /Agendas/Bluesheet.aspx?ItemID=3472&MeetingID=263 7/7/2010 Page 2 of 2 REVIEW BY OTHERS The Historic Preservation Board (HPB) reviewed Ordinance 09-10 at their May 5, 2010 meeting and recommended approval. The Pineapple Grove Main Street (PGMS) committee reviewed Ordinance 09-10 at their May 5, 2010 meeting and recommended approval. The Downtown Development Authority (DDA) reviewed Ordinance 09-10 at their May 11, 2010 meeting and recommended approval. The West Atlantic Redevelopment Coalition (WARC) reviewed Ordinance 09-10 at their May 12, 2010 meeting and recommended approval. The Community Redevelopment Agency (CRA) reviewed Ordinance 09-10 at their May 13, 2010 meeting and recommended approval. The Planning and Zoning Board reviewed Ordinance 09-10 at their June 21, 2010 meeting and recommended approval on a 6 to 0 vote. RECOMMENDATION By motion, approve Ordinance 09-10 on first reading 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 LDRs, with second reading to occur on July 20, 2010. http://miweb001 /Agendas/Bluesheet.aspx` PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JUNE 21, 2010 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. 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, 2010 Ordinance 09-10: Amendment to LDRs Regarding Medical Office Uses Page 2 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 Office" definition to include specific examples. The Board considered the subject Ordinance at its May 17, 2010 meeting where it was continued pending further clarification on the differences between "Medical Office", "Medical Clinic" and "Medical Laboratory" uses. In districts where there is a significant residential component such as RO, medical offices are permitted and they are determined to be less intense in contrast to medical clinics and laboratories. In addition, the primary function of the medical office is as an office which may provide limited laboratory and clinical services. The medical clinic will include office visits, customary of medical offices, however, would allow additional services including out-patient surgical procedures and/or treatment which does not require overnight lodging. The primary function of the medical laboratories is to collect medical samples either from a medical office or on-site and performing medical testing on these samples. Given the differences described above, these medical use categories have been individually specified in the appropriate zoning districts. Ordinance 09-10 is now before the Board for consideration. REQUIRED FINDINGS LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted, and although the amendment is not found consistent with any specific policy, it is noted that this amendment is not inconsistent with the Plan. REVIEW BY OTHERS The Historic Preservation Board (HPB) reviewed Ordinance 09-10 at their May 5, 2010 meeting and a recommendation of approval was made. The Pineapple Grove Main Street (PGMS) committee reviewed Ordinance 09-10 at their May 5, 2010 meeting and a recommendation of approval was made. The Downtown Development Authority (DDA) reviewed Ordinance 09-10 at their May 11, 2010 meeting and a recommendation of approval was made. The West Atlantic Redevelopment Coalition (WARC) reviewed Ordinance 09-10 at their May 12, 2010 meeting and a recommendation of approval was made. The Community Redevelopment Agency (CRA) reviewed Ordinance 09-10 at their May 13, 2010 meeting and a recommendation of approval was made. Courtesy notices were provided to the following homeowner and civic 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 Planning and Zoning Board meeting. Planning and Zoning Board Staff Report, June 21, 2010 Ordinance 09-10: Amendment to LDRs Regarding Medical Office Uses Page 3 Attachment: ^ Ordinance 09-10 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 7, 2010 SUBJECT: AGLNDA_ITEM_1~.E. -REGULAR COMMISSION MEETING OF IULY 20, 2010 ORllINANCE NO. 11-10 1SECOND READING/SECOND PUBLIC HEARING) ITEM_ BEFORE COMMISSION This ordinance is before Commission for second reading and public hearing to 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 (Y), "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 (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". BACKGROUND At the first reading on July 6, 2010, the Commission passed Ordinance No. 11-10. The Pineapple Grove Main Street (PGMS) committee reviewed Ordinance No. l 1-10 at their July 7, 2010 meeting and a recommendation of approval was made. RECOMMENDATION Recommend approval of Ordinance No. 11- ] 0 on second and final reading. ORDINANCE NO. 11-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, BY AMENDING 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, "MEDIUM DENSITY RESIDENTIAL (RIV2) 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 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 renewed the proposed text amendment at a public hearing held on June 21, 2010 and voted 6 to 0 to recommend that the amendments 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 amendments are consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article 4.3, "District Regulations, General Provisions", Section 4.4.3, "Special Requirements for Specific Uses", Subsection ((~, "Guest Cottages", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (~ Guest Cottage: (1) Can only be used by members of the family occupying the principal dwelling, their nonpa}7ng guests (except in Bed and Breakfast Innsl, or persons employed for service on the premises. (2) The guest cottage shall not occupy more than 1 /20th of the lot area and in no case shall exceed a floor area of 700 square feet. (3) The structure shall be located to observe the setback requirements as imposed for the principal structure. (4) When located on individually designated historic properties or within designated historic districts, the structure shall not exceed the height of the principal structure. ~} Onl}~ one 1~uest cottage shall be allowed on a property. Section 3. That Article 4.3, "District Regulations, General Provisions", Section 4.4.3, "Special Requirements for Specific Uses", Subsection (Y), "Bed and Breakfast Inns", of the Land Development Regulations of the Cit}' of Delray Beach, Florida, shall hereby be amended to read as follows: (I~ Bed and Breakfast Inns: In addition to the requirements of the underlying zone district, Section 4.5.1. Historic Preservation Districts and Sites. other applicable general regulations, parking regulations, and special conditions imposed through the conditional use process, the following requirements shall apply to Bed and Breakfast Inns: ~1 Location• Bed and Breakfast Inns shall onl}~ be established as follows: ORD No. 11-10 ~ Within designated historic buildings which are located on Individually Designated sites as listed in Section 4 5 1(h'1 or on those properties classified as "Contributing" within a desi~mated historic district as listed in Section 4.5.1(L)• and which are a permitted or c~~n~liric~nal use within the zoning district. fib. Not within 300' of another Bed and Breakfast lnn, measured lot line to lot line in a straight line when located within the Medium-Density. Multi-Famil district. (~2) Parking: Parking for Bed and Breakfast Inns shall be provided as follows: (a) Parking shall coml?i - witi th the requirements in Section 4.6.9. ,(b One (~ oa~ rking space shall be provided for the manager/owner and one (1Lparking space shall be provided for each guest room. (c1 All required parking shall be_provided in a manner which will not detract from the character of either the ne~hborhood or the historic pro~ert~ No designated parking maces may be located within the front or side-street setback areas. (dLCircular driveways and/or tandem harking spaces with a maximum two (2 car depth are permitted. ~e,LNo parking maybe provided via mechanical lift. (~3) Common Area: Within each Bed and Breakfast Inn, a common area must be provided for a central dining area and for, at least, one (1) reading/discussion/living room. (~) ~r......t..,.. .,a rr,,,_..,...,.. ..~ ,Rent-~ Guest Rooms. e u .a ~a n_..,.i.t,.... r.,.. ~~ xk~e-~ec~ri-~et: (a) There shall be no cooking facilities or food storage facilities in any ~ guest room. Guest rooms do not have to contain bathroom facilities. (b) The number of bedrooms provided for ,guest use shall be as existed when the structure was originally constructed with subsequent additions, unless modifications are necessary to comply with Building, Fire, and/or Health codes. An elisting~uest cott~,e subject to the requirements of Section 4 3 3(Q, may be used as the primary residence of the Property Owner. Historically desi~maY ted guest cottages may also be used for paving guests. (45) Meals: Breakfast shall be the Drily ORD No. 11-10 meal provided for payring guests who are using the facility overnight ~~a `'~~'-` a=~~'~. The breakfast meal shall not be served after 11:00 a.m. > • (6) Maximum Stay The maximum sta~for each guest shall be not more than fourteen (14) dam during any thirt~(30) damperiod A guest book which accurately identifies all customers for each nitrht's lodging; shall be maintained by the owner and/or manager. (71 Employees and Personnel• No more than one (l) nonresident may be employed in the m~nl~,ement and administration of the facilities on-site This restriction excludes maintenance and cleanine personnel. ~8) Property Owner• The owner of the Bed and Breakfast Inn property must reside on the ro c (9) Events• Events and/or private parties shall be limited to the property owner and euests staying at the Bed and Breakfast Inn. Section 4. That Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density Residential (RM) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the. RM District. (1) Residential Licensed SenTice Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (2) Child care and adult day care. 4 ORD No. 11-10 (3) Private educational facilities subject to the restrictions set forth in Section 4.3.3(HHH). (4) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to CF, as appropriate. (5) Nursing homes. (6) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. ('7) Single family detached residences in zero lot developments. (8) Yacht club with facilities. (9) Dock master facilities when associated with amulti-family development which has a marina. (10) Private beach clubs with attendant recreational, dining, and related accessory facilities within one of the following areas: (a) the area lying south of Atlantic Dunes Park and east of State Road AlA, or (b) south of Casurina Road, north of Bucida road, and east of State Road A1A. (11) Multiple family residential development may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre within the Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(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 maximum of twenty-four (24) units per acre within the Carver Estates Overlay District as defined in Section 4.5.11 and up to a maximum 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. X131 Bed and Breakfast Inns subiect to the provisions of LDR Section 4.3.3(1'1 Section 5. That Article 4.4, "Base Toning District", Section 4.4.13, "Central Business (CBD) 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 limited to: (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and ORD No. 11-10 slipcovers, medicines and prescriptions, electrical fixtures 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 and professional uses pursuant to restrictions set forth in Section 4.4.13(H)(1) including, but not limited to: (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, professional offices. (3) Services and facilities including, but not limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, Laundromats limited to self-service facilities, pet grooming, restaurants excluding drive-in and drive-through, outdoor cafes, 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) Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, museums, libraries, newsstands, commercial or public parking lots and parking garages. (c) Public open space plazas (4) Multi-family dwelling units, excluding duplexes, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is twelve (12) dwelling units per acre. (5) Hotels, motels, ~--~•' °~~' `-°~°'•`°:` ~--: and residential-type inns except in the West Atlantic Neighborhood. (6) Assisted Living Facilities and Continuing Care Facilities, up to a maximum density of thirty (30) units per acre except for the V~'est Atlantic Neighborhood or Beach District, where the maximum density is twelve (12) dwelling units per acre. (7) Bed and Breakfast Inns except in the West Atlantic Neighborhood. subject to the provisions of Section 4.3.3M. Section 6. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: ORD No. 11-]0 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3 (D. (2) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. (3) Child care and adult day care. (4) Financial institutions, eg., banks and similar institutions including drive through facilities pursuant to restrictions set forth in Section 4.4.13(H)(1). (5) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. (6) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be allowed 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), beginning at a point 105' south of N.E. 4~h Street. (7) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (8) Veterinary clinics. (9) Movie theaters, excluding drive-ins. (10) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances). (11) Flea markets, bazaars, merchandise marts, and similar retail uses (12) Wash establishment, with automatic/mechanical 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 minimum lot area of 20,000 sq.ft. (13) Multi-family dwelling 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 and limitations of Section 4.4.13(I). (14) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (15) Restaurants, Cocktail Lounges, Hotels, and Residential T}'pe Inns may provide their required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3). ORD No. 11-10 (16) Drive-in or drive-through restaurants on property located within the West Atlantic Neighborhood. (17) Hotels, motels, ' ' ~~a '~ ~~'-`~~` '~~~, and residential-t}~pe inns on property located within the West Atlantic Neighborhood. (18) Free standing or mixed-use residential development at a density greater than twelve (12) units per acre, but not exceeding 30 units per acre, on property located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(I). (19) Bed and Breakfast Inns within the West Atlantic Neighborhood subject to the provisions of LDR Section 4.3.3(1') Section 7. That Article 4.4, "Base Zoning District", Section 4.4.17, "Residential Office (RO) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RO District: (1) Child care and adult day care. (2) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (3) Bed and Breakfast ~.....L~~ Inns subject to the provisions of LDR Section 4.3.3(1'1.. (4) Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). Section 8. That Article 4.4, "Base Zoning District", Section 4.4.24, "Old School Square Historic Arts District", Subsection (B), "Principal Uses and Structures", 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: The following types of uses are allowed within the OSSHAD as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Business, Professional, Medical and Governmental Offices. 8 ORD No. ] 1-10 (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 preparation of, display of, and/or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. (6) Educational and/or Instructional actin-ities including training, vocational, or craft schools, the arts, personal development, and libraries, museums, and social and philanthropic institutions. (7) Restaurants of a sit down nature such as a cafe, snack shop, full service dining but excluding any drive-in and/or drive-through facilities or features. (8) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists. (9) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(~'l. (10) Catering services not associated with a restaurant, subject to the special regulations of Section 4.4.24(H). (11) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (12) Within the following described areas, the uses allowed as permitted uses in Section 4.4.13(B) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7 and 19-24, 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", "Definitions", of the Land Development Regulations of the Code of Ordinances of the Cit}' of Delra}' Beach, Florida, is hereby amended as follows: BED AND BREAKFAST INN: A use within a desienated historic or contributine structure ~ which i$ provideds temporary overnight guest accommodations '-- `~-~':'~`~~' °' ~ for rent to nonpermanent residents. ~ - - GUEST COTTAGE: An accessory bui]ding used exclusively for housing members of the family occupying the principal dwelling, their nonpaying guests, ~a~ang~~uests at a Bed and Breakfast Inn, or persons employed ORD No. 11-10 for service on the premises. A Guest Cottage shall consist of no more than one dwelling unit and may be affixed to an accessor}' structure. Section 10. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 11. That all ordinances or parts of ordinances in conflict herewith shall be, and the same are hereby repealed. Section 12. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of , 2010. MAYOR ATTEST: Cit}~ Clerk First Reading Second Reading 10 ORD No. 11-10 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: June 30, 2010 SUBJECT: AGE]~DA ITEM 10.C._REGULAR COMMISSION MEETING OF JULY 6, 2010 ORDI]~.ANCE NO. 11-]0 (FIRST 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. BACKGROUND Bed and Breakfast 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 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 minimum 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 a~ 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 and/or 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; • That the maximum stay shall not exceed 14 days within a 30 day period; http://miweb001 /Agendas/Bluesheet.aspx?ItemID=3464&MeetinglD=263 7/7/2010 Page 2 of 2 That no more than one (1) employee may be employed in the management or administration of the facility (this restriction excludes maintenance and cleaning personnel); • That an existing guest cottage may be utilized as the primary residence of the property owner, and if historically designated for paying guests; and, • That breakfast may be the only meal provided on site, and may not be served after 1 1 am. Language has also been added to Section 4.3.3(Q), Guest Cottages, to exempt Bed and Breakfast Inns from the requirement limiting guest cottage use for members of the family occupying the principal dwelling and their nonpaying guests. This is to permit the use of a guest cottage as a unit for the Bed and Breakfast Inn if it is also historically designated, or as the main dwelling for the property owners of the Bed and Breakfast Inn. Lastly, the definitions for "Bed and Breakfast Inn" and "Guest Cottage" have been revised in accordance with the amendments with respect to their uses. Ordinance 11-10 is now before the Commission for consideration. REVIEW BY OTHERS The West Atlantic Redevelopment Coalition (WARC) reviewed Ordinance 11-10 at their June 8, 2010 meeting and recommended approval. The Community Redevelopment Agency (CRA) reviewed Ordinance 11-10 at their June 10, 2010 meeting and recommended approval. The Downtown Development Authority (DDA) reviewed Ordinance 11-10 at their June 14, 2010 meeting and recommended approval. The Historic Preservation Board(HPB) reviewed Ordinance 11-10 at their June 16, 2010 meeting and recommended approval on a vote of 6 to 0 with the recommendation to extend the maximum stay to twenty-one (21) days. The Planning and Zoning Board reviewed Ordinance 11-10 at their June 21, 2010 meeting and recommended approval on a vote of 6 to 0 with the recommendation that the use not be allowed in R-1 (Single-Family Residential) or RL (Multi-Family, Low Density) zoning districts„ as originally proposed. This change is reflected in the subject Ordinance. The Pineapple Crove Main Street (PGMS) committee will review Ordinance I 1-10 at their July 7, 2010 meeting and a recommendation will be forwarded to the City Commission upon Second Reading. RECOMMENDATION By motion, approve Ordinance 1 1-10 on first reading 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 LDRs, with second reading to occur on July 20, 2010. http://miwcb001 /Agendas/Bluesheet.aspx?ItemID=3464&MeetingID=263 7/7/2010 MEETING DATE: JUNE 21, 2010 AGENDA NO: IV.D. ITEM: CONSIDERATION OF CITY-INITIATED AMENDMENTS TO THE LAND 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) 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", 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. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND /ORDINANCE DESCRIPTION Bed and Breakfast 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 conditional uses. The Planning and Zoning Board Staff Report, June 21, 2010 Ordinance 09-10: Amendment to LDRs Regarding Bed and Breakfast Uses Page 2 subject Ordinance adds the Bed and Breakfast Inn use as a conditional use within the R-1 (Single Family Residential), RL (Low Density, Multi-Family Residential), and RM (Low Density, Multi-Family Residential) zoning districts. Additionally, the subject Ordinance has added provisions regarding Bed and Breakfast Inns which include: • Establishing a minimum separation of 300' between Bed and Breakfast Inns within the R-1, RL, and RM districts; • Providing parking regulations which assure parking is provided in a manner that will not detract from the character of the property or neighborhood; • Allowing historic structures to add bathrooms to accommodate the use (the current regulations do not permit the expansion of the historic structures); and, • Limiting 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 a 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 and/or clarified include: • That 1 parking space per unit and 1 parking space for the property owner be provided; • That the property owner reside on the property; • That the maximum stay shall not exceed 14 days within a 30 day period; • That no more than one (1) employee may be employed in the management or administration of the facility (this restriction excludes maintenance and cleaning personnel); • That an existing guest cottage may be utilized as the primary residence of the property owner, and if historically designated for paying guests; and, • That breakfast may be the only meal provided on site, and may not be served after 11am. Planning and Zoning Board Staff Report, June 21, 2010 Ordinance 09-10: Amendment to LDRs Regarding Bed and Breakfast Uses 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 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 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). REVIEW BY OTHERS 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 AND CONCLUSION 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 more local perspective. Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachment: ^ Ordinance 11-10