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11-16-10 Regular MeetingCity of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, November 16, 2010 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Regular of presentation being as follows: City Staff, public comments, Commission discussion Meeting 6:00 and official action. City Commission meetings are business meetings and the right to p.m. limit discussion rests with the Commission. Generally, remarks by an individual Public will be limited to three minutes or less. The Mayor or presiding officer has Hearings 7:00 discretion to adjust the amount of time allocated. p.m. Delray Beach City xa11 A. Public Hearings: Any citizen is entitled to speak on items under this 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 N.W.1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243- 3774 ROLL CALL 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, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. Atlantic Community High School Criminal Justice Academy Honor Guard Presentation of Colors 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. November 2, 2010 -Regular Meeting B. November 9, 2010 -Workshop Meeting 6. PROCLAMATIONS: A. Recognizing and Commending Ocean Rescue Officer EMT, Lindsay Kenney 7. PRESENTATIONS: A. NONE 8. CONSENT AGENDA: City Manager Recommends Approval A. REQUEST FOR SIDEWALK DEFERRAL/1019 and 1020 LAKE SHORE DRIVE: Approve a request to defer the installation of a sidewalk along Lake Shore Drive for the property located at 1019 and1020 Lake Shore Drive. B. ACCEPTANCE OF A SIDEWALK EASEMENT/ALOHA CLEANERS: Approve and accept a sidewalk easement along N.E. 2"d Street for Aloha Cleaners located at 501 N.E. 2"d Street. C. UTILITY EASEMENT AGREEMENT/FLORIDA POWER & LIGHT(FPL /S WASTE AUTHORITY (SWA) SOUTH COUNTY TRANSFER STATION: Approve an easement agreement between the City and Florida Power & Light (FPL) fora 10- foot Utility Easement at the Solid Waste Authority (SWA) South County Transfer Station. D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1, FINAL) IMPERIAL ELECTRICAL, INC.: Approve a Contract Closeout (Change Order No. 1, Final) in the amount of a $20,000.00 decrease and final payment amount of $14,625.50 to Imperial Electrical, Inc. for the completion of EECBG Pompev Park Sports Lighting Upgrade. Funding is available from 101-6352-519-46.94 (ARRA Economic Stimulus FD: Repair and Maintenance Services/74 Energy Efficient Green Lightsl. E. SERVICE AUTHORIZATION NO. 07-03/WANTMAN GROUP, INC.: Approve Service Authorization No. 07-03 in the amount of $18,568.00 with Wantman Groin Inc. for additional design services for S.W. 2"d Street Beautification Project. Funding is available from 334-3162-541-65.95 (General Construction Fund: Capital Outlay/S.W. 2"d Street Beautification) and 448-5461-538-65.95 (Storm Water Utility Fund: Other Improvements/S.W. 2"d Street Beautification). F. CONSULTING SERVICES AUTHORIZATION/PBS & .T, INC.: Approve a Consulting Services Authorization in the amount of $49,805.00 to PBS & .T, Inc. for the construction administration services of the Atlantic Avenue Gatewav Feature located on Atlantic Avenue between I-95 and N.W./S.W. 12th Avenue. Funding is available from 334-3162-541-68.09 (General Construction Fund: Other Improvement/Atlantic Avenue Gateway Feature). G.INTERLOCAL AGREEMENT/PALM BEACH COUNTY/PUBLIC ART ADMINISTRATION: Approve an Interlocal Agreement with Palm Beach County for support in administering various aspects of public art within the Cites H.INTERLOCAL AGREEMENT/PALM BEACH COUNTY DROWNING PREVENTION COALITION (DPC): Approve an Interlocal Agreement with Palm Beach County for payment of swimming lesson fees not to exceed $50.00 per class for the Learn to Swim Program at Pompev Park and the Delray Swim and Tennis Center through the Drowning Prevention Coalition of Palm Beach Count L DISASTER RECOVERY INITIATIVE (DRI)/HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve one ~) Housing Rehabilitation grant award for the property located at 619 S.W. 10th Street to Citywide Construction Services, Inc. in the amount of $29,015.58, the lowest responsive bidder, for housing rehabilitation under the Disaster Recovery Initiative (DRI) Program. Funding is available from 118-1960-554-49.19 (Neighborhood Services: Other Current Charges/ Housing Rehabilitation). J. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-RECIPIENT FUNDING AGREEMENT/URBAN LEAGUE OF PALM BEACH COUNTY, INC.: Approve and authorize execution of aSub-Recipient Funding Agreement with the Urban League of Palm Beach County, Inc. under the Community Development Block Grant (CDBGZprogram for FY 2010-2011, with total funding in the amount of $6,000.00. Funding is available from 118-1966-554-83.01 (Neighborhood Services: Other Grants and Aids). K. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-RECIPIENT FUNDING AGREEMENT/FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC.: Approve and authorize execution of aSub-Recipient Funding Agreement with the Fair Housing Center of the Greater Palm Beaches, Inc. under the Community Development Block Grant (CDBGZprogram for FY 2010-2011, with total funding in the amount of $8,000.00. Funding is available from 118-1961-554- 49.17 (Neighborhood Services: Other Current Charges/Promotion of Fair Housing). L. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-RECIPIENT FUNDING AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES: Approve and authorize execution of aSub-Recipient Funding Agreement with Community Child Care Center (d/b/a Achievement Centers for Children and Families) under the Community Development Block Grant (CDBGZprogram for FY 2010-2011, with total funding in the amount of $80,000.00. Funding is available from 118-1966-554-82.09 (Neighborhood Services: Aid to Private Organizations/Child Care Center . M. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Mr. Cary Glickstein, alternate Planning and Zoning Board representative, for an unexpired term ending .Tiny 31, 2012. N. GRANT AGREEMENT/DELRAY BEACH HISTORICAL SOCIETY, INC.: Annrove a grant in the amount of $30000.00 from the City to the Delray Beach Historical Society, Inc. Funding is available from 001-6311-572-83.07 (General Fund: Other Grants & Aid/DB Historical Society- Cason Cottage). O. DOWNTOWN MARKETING CO-OPERATIVE AGREEMENT: Approve the Downtown Marketing Co-Operative Agreement. P. SPECIAL EVENT REQUEST/13th ANNUAL FIRST NIGHT 2011: Approve a special event request to endorse the 13th Annual First Night 2011 event on December 31, 2010 from 4:00 p.m. to midnight, granting a temporary use permit per LDR Section 2.4.60 for the use of City rights-of-way and facilities as requested, and to authorize generator use and staff support for traffic control and security, site cleanup and trash removal, barricade set up and removal, signage construction and installation, and EMS services. Q' SPECIAL EVENT REQUEST/12th ANNUAL GARLIC FESTIVAL: Approve a special event request for the 12th Annual Garlic Festival to be held February 11-13, 2011, and grant a temporary use permit per LDR Section 2.4.60 for use of City rights-of--way to include N.E. 1st Avenue from Atlantic to the grass area at Old School Square, Swinton Avenue from Atlantic to N.E. 1st Street and Old School Square Park, from 6:00 a.m., February 11 through midnight, February 13, 2011 and use of the Old School Square Parking Garage, City Hall north lot, and City Attorney lot, and authorize staff support for traffic control and securitX, EMS assistance, barricading, banner hanging, and signage preparation and installation, use of city generator, and waiver of the two ~) hour parking limit in the downtown area during the event subject to the conditions listed in the staff report. R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 1, 2010 through November 12, 2010. S. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Rosso Paving and Drainage in the amount of $29,246.00 to construct an alley north off Tropic Boulevard. Funding is available from 448- 5461-538-63.90 (Storm Water Utility Fund: Improvements Other/Other Improvements). REGULAR AGENDA: A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: ATLANTIC OCEAN CLUB: Consider an appeal of the Site Plan Review and Appearance Board's decision regarding Atlantic Ocean Club located at 217 & 219 East Atlantic Avenue. (Quasi judicial Hearing) 1. WAIVER REQUEST/ATLANTIC OCEAN CLUB: Consider a waiver request to Land Development Regulations (LDR) Section 4.4.13~)(4)(c)(2), "Upper Levels" regarding the required building frontage and front setback for Atlantic Ocean Club. (Quasi Judicial Hearin) B. WAIVER RE~UESTS/DALLEY LAW OFFICE: Consider four ~) waiver requests to Land Development Regulations (LDR) Sections 4.4.13~)(4)(a), "Front Setbacks", 4.4.13~)(4)(b)(1), "Lower Levels", 4.4.13~)(1)(a), "Height", and 4.6.18(B~(14~(iv "Windows and Doors", regarding building frontage, front setback, height, and building material surface requirements for Dailey Law Office located at 35 S.E. 6tn Avenue. (Quasi-judicial Hearin) C. WAIVER REQUESTS/TEMPORARY USE PERMIT/DELAIRE COUNTRY CLUB: Consider a request for a temporary use permit and two ~) waivers to allow installation of a self contained portable kitchen trailer associated with Delaire Country Club located at 4645 White Cedar Lane. (Quasi-Judicial Hearing D. PROPOSAL FOR COMPREHENSIVE ANALYSIS OF FIRE SERVICES/ICMA PUBLIC SAFETY SERVICES: Consider a proposal from ICMA Public Safety Services for a Comprehensive Analysis of Fire Services. E. APPOINTMENT TO THE EDUCATION BOARD: Appoint one ~) regular member to the Education Board to serve an unexpired term ending .Tiny 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4~ F. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one ~) regular member to the Police Advisory Board for an unexpired term ending July 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3~ G. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to the Public Art Advisory Board for an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5~ H. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one ~) regular member for Zone 1 to the Neighborhood Advisory Council to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2~ 10. PUBLIC HEARINGS: A. ORDINANCE NO. 40-10: Consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Article III, "Legislative", Section 3.02, "City Commission: Composition, Eligibility, Election, and Terms", and amend Article V, "Elections", Section 5.02, "Ty_pes of Elections", to provide for a change in the length of a term from a two ~) vear term to a three ~) vear term;~roviding for a referendum election to be held on March 8, 2011. B. RESOLUTION NO. 61-10/CONTRACT FOR SALE AND PURCHASE/DELRAY BEACH HOUSING AUTHORITY/614 S.W. 6TH AVENUE: Consider approval of Resolution No. 61-10, authorizing a Contract for Sale and Purchase between the City and the Delray Beach Housing Authority for property located at 614 S.W. 6th Avenue in the amount of $10.00. C. RESOLUTION NO. 62-10/CONTRACT FOR SALE AND PURCHASE/DELRAY BEACH HOUSING AUTHORITY/616 S.W. 9TH STREET: Consider approval of Resolution No. 62-10, aauthorizing a Contract for Sale and Purchase between the City and Delray Beach Housing Authority for the property located at 616 S.W. 9TH Street in the amount of $10.00. D. RESOLUTION NO. 63-10/CONTRACT FOR SALE AND PURCHASE/DELRAY BEACH HOUSING AUTHORITY/1214-1212 S.W. 2ND AVENUE: Consider approval of Resolution No. 63-10, authorizing a Contract for Sale and Purchase between the City and Delray Beach Housing Authority for the property located at 1214-1212 S.W. 2"d Avenue in the amount of $10.00. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission NOVEMBER 2, 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, November 2, 2010. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Nancy Norman with Unity Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie stated that Item 8.K.1., Contract Award to Chaz Equipment Environmental Services, Inc. and Item 8.K.2., Purchase Award to Chaz Equipment Environmental Services, Inc. have been removed from the Consent Agenda. Mr. Eliopoulos stated that Item 8.C., Change Order No. 1 (Contract Addition)Bran~ Construction, Inc., of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. 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. 11/02/10 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Special/Workshop Meeting of October 12, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve the Minutes of the Regular Meeting of October 19, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: A. None 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR SIDEWALK DEFERRAL/511 SOUTH OCEAN BOULEVARD: Approve a request to defer the installation of a sidewalk for the property located at 511 South Ocean Boulevard. 8.B. REQUEST FOR SIDEWALK DEFERRAL/125 SEABREEZE AVENUE: Approve a request to defer the installation of a sidewalk for the property at 125 Seabreeze Avenue. 8.C. CHANGE ORDER NO. 1 (CONTRACT ADDITION)BRANG CONSTRUCTION, INC.: Approve Change Order No. 1 (Contract Addition) in the amount of $653,303.08 to Brang Construction, Inc., and a contract extension of 62 calendar days for installation of a reclaimed water transmission and distribution system along the Martin Luther King Jr. Drive Beautification project. Funding is available from 441-5181-536-65.96 (Water and Sewer Fund: Other Improvements/Reclaimed Water Transmission). 8.D. RESOLUTION NO. 64-10: Approve Resolution No. 64-10 supporting the Department of Transportation's South Florida East Coast Corridor project from Jupiter to Miami. The caption of Resolution No. 64-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING SUPPORT FOR THE FLORIDA DEPARTMENT OF 2 11/02/10 TRANSPORTATION' S SFEC CORRIDOR PROJECT FROM JUPITER TO MIAMI AND ITS AFFILIATED REGIONAL AND COUNTY TRANSPORTATION AGENCIES; ACKNOWLEDGING POTENTIAL STATION LOCATIONS; ACKNOWLEDGING THE CITY'S COMMITMENT TO THE PROJECT TO ENHANCE MOBILITY IN THE SOUTHEAST FLORIDA REGION; PROVIDING AN EFFECTIVE DATE. office.) (The official copy of Resolution No. 64-10 is on file in the City Clerk's 8.E. FOURTH AMENDMENT TO THE INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve the Fourth Amendment to the Interlocal Agreement with Palm Beach County in the amount of $98,897.00 supporting Weed and Seed "seeding" efforts. 8.F. AMENDMENT TO THE INTERLOCAL AGREEMENT/PALM BEACH COUNTY/MARTIN LUTHER KING DRIVE: Approve an Amendment to the Interlocal Agreement with Palm Beach County to extend the date for final invoice submission to December 31, 2011; and allow full access and cooperation with the Inspector General to City records for installation of decorative street lights along Martin Luther King Jr. (MLK) Drive. 8.G. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Ms. Margie Walden, West Atlantic Redevelopment Coalition Representative, for an unexpired term ending July 31, 2012. 8.H. SPECIAL EVENT REQUEST/TREE LIGHTING AND MENORAH LIGHTING/ART AND JAZZ ON THE AVENUE: Approve a special event request to endorse the Tree Lighting, Menorah Lighting and Art & Jazz on the Avenue to be held on December 2, 2010 from 5:00 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 NE/SE 7th Avenue, and to the alley north of Atlantic Avenue on NE 1st Avenue, NE 2nd Avenue, Railroad Way, and NE 4th Avenue and from Atlantic to the alley south on SE 1st Avenue, SE 2nd Avenue, SE 3rd Avenue and SE 4th Avenue; to authorize staff support for security, traffic control, banner hanging and removal, barricade set up and removal, trash removal, clean up, EMS assistance and use of the large City stage; contingent upon receipt of the Hold Harmless Agreement. 8.I. SPECIAL EVENT REQUEST/HOWARD ALAN 22nd ANNUAL DELRAY BEACH FESTIVAL OF THE ARTS: Approve a special event request for the 22nd Annual Delray Beach Festival of the Arts sponsored by Howard Alan Events, Ltd. to be held on January 15-16, 2011 from 10:00 a.m. to 5:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F) for use of City rights-of--way on Atlantic 3 11/02/10 Avenue from the east side of N.E. 6th Avenue to Bronson, and the Gladiola lot (S.E. 6th Avenue) for vendor parking; authorize staff support for security and traffic control, barricade assistance, EMS assistance, and permit an event sign to be erected on Atlantic Avenue just east of I-95 fourteen (14) days prior to the event with the sponsor paying all overtime costs. 8.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 18, 2010 through October 29, 2010. 8.K AWARD OF BIDS AND CONTRACTS: 1. 2. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 3. Purchase award in the amount of $39,259.70 to DGG Taser to replace forty-six (46) Tasers. Funding is available from 001-2111- 521-52.27 (General Fund: Operating Supplies/Equipment < $1,000). 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. CHANGE ORDER NO. 1 (CONTRACT ADDITION)BRANG CONSTRUCTION, INC.: Approve Change Order No. 1 (Contract Addition) in the amount of $653,303.08 to Brang Construction, Inc., and a contract extension of 62 calendar days for installation of a reclaimed water transmission and distribution system along the Martin Luther King Jr. Drive Beautification project. Funding is available from 441-5181-536-65.96 (Water and Sewer Fund: Other Improvements/Reclaimed Water Transmission). Mr. Eliopoulos asked staff to discuss the history of the project. Richard Hasko, Director of Environmental Services, stated this project started out a few years ago on a much smaller scale. Mr. Hasko stated it was a bond project that had a $300,000.00 budget and initially the scope of the project was to create a pedestrian connection between Pompey Park and the Community Center. He stated staff had the idea to do some sidewalk improvements (i.e. excerpts from Dr. Martin Luther King's famous speeches, etc.). Mr. Hasko stated the neighborhood had requested that additional improvements be done such as street lighting, beautification, landscaping, curbing, and hardscaping. He stated there was a committee that was assembled that met over the course of a year or so that put this scope together. Mr. Hasko stated funding them became an issue and there were some grants that were awarded and the City is 4 11/02/10 receiving money from Palm Beach County for the street lights, etc. Mr. Hasko stated there was an issue with who was going to pay for the irrigation water and a number of alternatives were discussed about how that was going to work Mr. Hasko stated the CRA stepped up and said that they would pay for the irrigation water for the stretch of improvements. He stated staff looked at the area and saw that in the Master Plan for Reclaimed Water they were planning to come to Pompey Park, Spady, City Attorney's office, City Hall, the Community Center, etc. at some point in the future. Mr. Hasko stated this seemed like a good opportunity to kill two birds with one stone in terms of going ahead and advancing that project and adding to it so that staff could include the reclaimed irrigation facilities and also in the future get to the City facilities. He stated at that point the plans were done and the engineering consultant was working on the bid documents. Mr. Hasko stated staff had written into the bid documents that the successful bidder for the original scope would be required to solicit a minimum of three quotes from contractors that were on the City's pre-qualified list for this scope. followed. Brief discussion between Commissioner Eliopoulos and Mr. Hasko The City Manager stated by doing this now they will avoid tearing up the area in the future. Mrs. Gray stated these plans have been in place for approximately 4-5 years and she is happy to see that we are moving forward with this. Mrs. Gray asked if this is approved when will the work actually start. Mr. Hasko stated the contractor is scheduled to start November 15, 2010. Mr. Eliopoulos moved to approve Item 9.A.A. (formerly Item 8.C.), 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. 9.A. CONSIDERATION OF AN APPEAL/125 SEABREEZE AVENUE: Consider an appeal of an administrative interpretation by the Director of Planning & Zoning that a proposed single family residence within the North Beach Overlay District at 125 Seabreeze Avenue is a two story building. (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 items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he met with the architect Mr. Jeffrey Silberstein. Mrs. Gray had no ex parte communications to disclose. Mayor McDuffie stated he met 5 11/02/10 with Mr. Jeffrey Silberstein to discuss this project. Mr. Eliopoulos stated he met with the architect and he discussed his views on how he viewed the two-story versus one-story. Mr. Fetzer stated he spoke with the architect and he listened to his explanation of the project. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department prof ect file #2010-207 into the record. Mr. Dorling stated the site in question is located north of Atlantic Avenue. He stated there will be a tear down of the structure and a reconstruction of a new structure. Mr. Dorling stated there was an interpretation made by him that is being appealed that the piece is in fact two stories. Mr. Dorling stated what is proposed is a first floor and a loft area. Mr. Dorling stated this property lies within the North Beach Overlay District which talks about mass and scale and this was added in a situation where there was aone-story structure that was in volume greater than one-story and said that if you had asingle-story and you were greater than 14 feet to the top of the beam or 18 feet to the mean profile of the roof then you would be considered atwo-story even if you were physically aone-story. Mr. Dorling stated this does not say if you are atwo-story and also meet these dimensions that you are not atwo-story and that fundamentally is the issue because the applicant is able to meet these minimums with atwo-story and therefore is assuming that he is only aone-story. Mr. Dorling stated aone-story single story structure has a different requirement as it relates to maximum lot area and maximum open space. He stated the applicant has designed it like asingle-story; however, in doing so, has maxed out the site and does not meet the criteria for open space and maximum lot area if he were considered atwo-story. Jeffrey Silberstein, Architect with Silberstein Architecture, 524 N.E. 2°d Street, Delray Beach, FL 33483 (Applicant), stated he is present this evening to appeal the interpretation as made by the Planning and Zoning Director and noted on September 21, 2010, the Planning and Zoning Director determined that Section LA., First Floor Height Limits of the Beach Property Owners Design Manual is intended to establish guidelines which assure that one-story structures which exceed certain heights (in excess of 18 feet and measuring more than 14 feet from the finished floor) are considered two stories. This is not to be construed nor interpreted to say that any two story building that is below these dimensions is considered a one story structure as interpreted by the project's architect. Mr. Silberstein stated Urban Design Kilday Studios' (consultant that reviews the architectural submittals for this district) interpretation is that "The Beach Property Owners Design Manual does not make the determinations as to interior use of space within one-story structures, and a loft space would not be interpreted as if creating amulti-story structure and if a structure meets the one-story height dimensions as provided for on Page I-2, no multi-story regulations would be imposed on the structure." This submittal was also presented to the City's Plan Reviewer and his opinion was that he did not consider this amulti-story structure. Mr. Silberstein stated the issue that is most important to this district is if they meet the intent of the Code and he believes they do. Mr. Silberstein stated the Code encourages people to design one-story structures and if they cannot do that they are going to be penalized by 6 11/02/10 having to provide more setbacks and more open space. Mr. Silberstein stated he believes this does meet the Code and thanked the Commission for their consideration. Mayor McDuffie stated if anyone would like to speak in favor or in opposition of the appeal, to please come forward at this time. Andy Katz, speaking on behalf of the Beach Property Owners' Association, stated they have the guidelines to protect the neighborhood and it provides a tremendous amount of leeway in terms of style, color, etc. He stated sometimes there are situations where something may squeeze through with an ambiguity and this was not intended when these guidelines were being developed. Mr. Katz stated in terms of height it would pass as one-story if it was internal loft space it would be on the border line and stated there are two separate levels (the garage and the loft). Mr. Katz made reference to a design in the Historic District for Nassau Street that was labeled by the architect as 2 '/z stories and it went through under 2-story rules even though it was 3 stories. He stated we get into strange situations when we do not look at something in its simplicity and feels we are in this situation now. There being no one else from the public who wished to address the Commission regarding the appeal, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order as presented, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray - No; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 1 vote, Commissioner Gray dissenting. 9.B. CONDITIONAL USE REQUEST/THE HARTMAN HOUSE: Consider approval to allow the establishment of a bed and breakfast inn within the Medium Density Residential (RM) zoning district for the property located at 302 N.E. 7th Avenue, Individually Designated on the Local Register of Historic Places as The Hartman House. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-230 into the record. 7 11/02/10 Mr. Dorling stated this is a consideration of a conditional use request to establish a Bed and Breakfast Inn at 302 N.E. 7th Avenue, an individually designated site on the Local Register of Historic Places located in an RM (Multiple Family Residential, Medium Density) zoning district. The subject property is a 0.314 acre site at the northwest corner of N.E. 7th Avenue and N.E. 3rd Street and contains a 2,752 square foot structure known as the Hartman House which is a Frame Vernacular style single-family residence constructed in 1923 and has remained vacant for a number of years. The property owners are seeking conversion of the single-family residence to a Bed and Breakfast Inn, which is allowed by conditional use under the Multi-Family Residential (RM) zoning designation. Mr. Dorling stated the proposal is to accommodate the bed and breakfast guests in the main structure and as required by Code the owners of the facility would have to live on-site and they would be living under a new structure which is currently under construction. The improvements also include parking along and off the alley, construction of a lap pool, and landscaping improvements throughout the site. Mr. Dorling stated the subject request meets all of the special requirements that were placed in the Bed and Breakfast ordinance that the Commission recently adopted. At its meeting of October 6, 2010, the Historic Preservation Board (HPB) reviewed the request and recommended approval to the Planning and Zoning Board with a 6 to 0 vote; at its meeting of October 18, 2010, the Planning and Zoning Board reviewed the request and recommended approval with a 5 to 1 vote, subject to the three conditions: (1) that the requirements of LDR Section 4.3.3(Y), Bed and Breakfast Inns be met at all times, (2) that the parking space and alley measurement be adjusted by an additional two feet to provide a combined minimum depth of 40 feet and (3) that Engineering Plans and a Traffic Statement be submitted for review with the Site Plan Application. Staff recommends approval. Roger Cope, Cope Architects, Inc., 80 N.E. 4th Avenue, Delray Beach, FL 33483, stated they are taking the Hartman House, an individually historic piece of property, and exercising one of the privileges that come along with that which is the development of Delray Beach's first Bed and Breakfast Inn. Mr. Cope urged the Commission's support so that they can change the use of the property from single-family to bed and breakfast. He stated this will be landscaped and well lit. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, the public hearing was closed. There was no cross-examination or rebuttal. Mr. Eliopoulos stated this works with the neighborhood and will benefit the entire community. Mayor McDuffie stated this has been a long time coming in Delray Beach and commended the Applicant because he believes this is a great step forward for the City of Delray Beach. 8 11/02/10 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. Eliopoulos moved to adopt the Board Order subject to the attached conditions, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.C. REQUEST FOR IN-LIEU PARHING SPACEBRIGHT HORIZONS d/b/a 32 EAST: Consider a request from Bright Horizons d/b/a 32 East for the purchase of one (1) in-lieu parking space in the amount of $15,600.00. Thirty-Two East is located at 32 East Atlantic Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he spoke to Butch Johnson about the expansion but not about the parking specifically. Mrs. Gray, Mayor McDuffie, Mr. Fetzer, and Mr. Eliopoulos had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated this is a request for a site plan modification for Bright Horizons d/b/a 32 East, a restaurant located at 32 East Atlantic Avenue. Mr. Aronson stated the modification proposed is a 241 square foot balcony and the intent of the balcony is two-fold; providing a convenient outdoor area for attendees of functions held in the banquet room on the second floor and to improve shelter from the elements, beyond that of the current slatted canopy, for diners seated at the sidewalk cafe. The subject property is located in Area 2 of the in-lieu program at $15,600.00 per space. Mr. Aronson stated the owner is opting to pay for the space with the Parking Fee Agreement which requires 50% payment upon signing the agreement and two 25% payments on the second and third anniversaries of the agreement. Mr. Aronson stated Comprehensive Plan Policy C-4.1 of the Future Land Use Element encourages the rehabilitation and revitalization of the Central Business District (CBD) through several means, one being the accommodation of parking through innovative actions such as the in-lieu parking program. The item was reviewed by the Parking Management Advisory Board, the Community Redevelopment Agency and the Downtown Development Authority and all recommended approval of the applicant's request. Staff recommends approval. The applicant was present but did not speak. 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, the public hearing was 9 11/02/10 closed. There was no cross-examination or rebuttal. Mr. Eliopoulos stated in the future he would like to have seen the elevations. Mr. Aronson stated he will ensure that those items are provided in the agenda packets. Mayor McDuffie echoed comments expressed by Mr. Eliopoulos and stated he too would like to see the elevation in the next agenda packet. 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. Eliopoulos moved to adopt the Board Order as presented, 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. Mr. Frankel moved to approve the In-lieu Parking Fee Reimbursement Agreement, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9.D. CONSIDER APPROVAL OF CHANGES TO SPECIAL EVENTS POLICIES AND PROCEDURES: Consider approval of proposed changes to the Special Events Policies and Procedures with an immediate effective date. Robert A. Barcinski, Assistant City Manager, stated staff requests approval of the proposed changes to the Special Event Policies and Procedures. Mr. Barcinski stated the City had a couple of events last month and after staff reviewed the appeal process felt it was appropriate that the City Commission be in that loop since they do approve these policies and procedures. Mr. Barcinski stated before people would have to go to court after a denial and all the denial reasons were based on court cases. The other changes staff is requesting are that a minor event cost limit be increased from $1,500.00 to $1,000.00; two (2) major events be allowed in a month versus one (1), Section IH(D); four (4) versus three (3) intermediate events would be allowed in a month where there is a maj or event and five (5) in a month with no major event, Section III (G); added staffing and parking concerns as a reason for denial, Section VHI(N). Mr. Eliopoulos moved to approve the proposed changes to the Special Events Policies and Procedures with an immediate effective date, 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. 10 11/02/10 9.E. SPECIAL EVENT REQUEST/HOWARD ALAN 4th ANNUAL DOWNTOWN DELRAY BEACH NEW YEAR'S CRAFT FESTIVAL: Consider approval of a special event request to endorse the 4th Annual Downtown Delray Beach New Year's Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. to 5:00 p.m. on December 26-27, 2010, granting a temporary use permit per LDR Section 2.4.6(F) for the closure of N.E. 2nd Avenue from the alley just north of Atlantic Avenue north to approximately 400' north of N.E. 3rd Street, to authorize staff support for traffic control, barricade inspection, and fire inspector services; to permit an event sign on Atlantic Avenue just east of I-95 fourteen (14) days prior to the event with the sponsor paying all overtime costs; and to grant an appeal from Section III (G) of the Event Policies and Procedures to allow this event. Robert A. Barcinski, Assistant City Manager, stated this item is before the Commission for approval of the 4m Annual Downtown Delray Beach New Year's Craft Festival sponsored by Howard Alan Events, Ltd. proposed to be held on December 26- 27, 2010 and approve the closure of N.E. 2nd Avenue from the alley just north of Atlantic Avenue north to approximately 400 feet north of N.E. 3rd Street, to provide staff support for traffic control, barricading inspection, and fire inspection services and to grant an appeal from Section HI(G) of the Event Policies and Procedures to allow this event. Mr. Fetzer moved to approve the Special Event Request to endorse the 4tn Annual Downtown Delray Beach New Year's Craft Festival to be held on December 26- 27, 2010, 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.F. AMENDMENT NO. 3 TO THE RENEWAL LEASE AGREEMENT/DELRAY BEACH HISTORICAL SOCIETY: Consider approval of Amendment No. 3 to the Renewal Lease Agreement with the Delray Beach Historical Society for Cason Cottage and a one (1) year operating grant request. Robert A. Barcinski, Assistant City Manager, stated this is before the Commission to consider Amendment #3 to the Lease Agreement dated October 19, 2007 and it was amended September 17, 2008 and March 25, 2009 and to consider a one (1) year operating grant. Mr. Barcinski stated he received a letter from Mr. Tom Stanley, President of the Delray Beach Historical Society, which would allow the City to take over operations in the event the Historical Society could not meet their financial obligation as it relates to the leased properties. Copies of Plan A (part time position budget) and Plan B (full time position budget) are attached to the agenda backup. Mr. Barcinski stated if the Commission agrees to a grant the condition should be that this be a one year grant and if they receive additional sources of revenue throughout the year that the City could be paid back. Mr. Barcinski also suggested that they fill out the grant application. 11 11/02/10 Mrs. Gray asked about fundraising. NIr. Tom Stanley stated right now they are budgeted for $17,000.00 for this year. NIr. Stanley stated when he took over in 2009 they were going to have to raise in excess of $200,000.00 a year to maintain at that level. NIr. Stanley stated with regard to the fundraising the memberships bring in about $6,500.00-$8,000.00 a year and noted that most people only want to pay $50.00-$75.00. He stated they get annual giving miscellaneous gifts $1,500.00-$5,000.00 here and there. Brief discussion followed between the Commission and Mr. Stanley. Mrs. Gray asked what the City will do with the bungalow. NIr. Barcinski stated the City has some people looking at that including the CRA seeing about the possibility of renting that to someone that would bring some revenue in. Mr. Barcinski stated the other thing that staff is looking into is the train station and the CRA is getting estimates on how much that is worth. The City Manager stated when he first came to Delray Beach the City was giving an operating grant to the Delray Beach Historical Society for approximately $10,000.00. He stated the Historical Society started the Antique Show and it was so successful that they have not come to the City for support in almost 20 years. Mrs. Gray asked if the Commission supports Plan A (part time position budget) where would those dollars come from. The City Manager stated staff would address that at mid-year. Mayor McDuffie stated we need to reach out to the community and ask them if they would not mind supporting the cause that so many people speak about with regard to the history of this community. NIr. Frankel moved to approve Amendment No. 3 to the Renewal Lease Agreement with the Delray Beach Historical Society for Cason Cottage, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; NIr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:15 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 37-10: Consider a city initiated amendment to the Land Development Regulations (LDR) Section 6.3.3., "Sidewalk Cafe", amending the regulations. The caption of Ordinance No. 37-10 is as follows: 12 11/02/10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 6.3.3, "SIDEWALK CAFE"; TO PROVIDE CLARIFICATION ON SIDEWALK CAFES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 37-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling AICP, Director of Planning and Zoning, stated this modifies the sidewalk cafe ordinance in particular it indicates where they can locate and what businesses can utilize sidewalk cafes and also provides minimum setbacks from vehicular travel lanes and outlines certain operational functions that are prohibited within the sidewalk cafe area. Mr. Dorling stated it also increases the application permit and penalty fees associated with the use. At its meeting of September 23, 2010, the Community Redevelopment Agency (CRA) considered the amendment and they felt that the increase in fees should be limited to 30% and what is being proposed is a 50% increase. Staff has not included that in the ordinance before the Commission; however, staff feels the 50% is appropriate. Mr. Dorling stated the Downtown Development Authority (DDA) indicated that they wanted a five foot clear area as opposed to six feet which was in their ordinance and it was a typographical error and this has been modified and reflected in the current ordinance. At its meeting of September 20, 2010, the Planning and Zoning Board considered the amendment and recommended approval with a vote of 7 to 0. The Board discussed the ability to have markers placed in the sidewalks. Staff discussed this at the first reading of this ordinance and that is not included in this ordinance for reasons staff stated then. The Board also advised that staff should notify applicants to provide public safety measures as part of their application. On October 5, 2010, the Commission directed staff to add this section as it relates to the two foot setback adjacent to the right- of-way and that has been included and the City Commission recommended approval on first reading on October 19, 2010. Mayor McDuffie declared the public hearing open. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, expressed concern over the time that it takes something to get from initial conversation to final reading and stated she came to the City Commission meeting on February 2, 2010 to bring the issue about the markers in the street to the Commission and was told it would be processed to the Planning and Zoning Board by April 2010 and nothing happened. 13 11/02/10 Mrs. Finst stated she came before the City Commission on June 15, 2010 and she was told that it would be taken care of in the next couple of weeks but nothing was done. She stated it showed up at the Planning and Zoning Board meeting on September 20, 2010 and the Board strongly recommended the markers. Mrs. Finst stated she is very much in favor of the markers. She stated there are other ways to indicate where the markers are such as a distance from the grates where the trees are on the building side and go from the five feet there. Mrs. Finst made reference to Section (F)(1) of the ordinance and stated it limits to what is going on as the main sole purpose yet some businesses have put seating areas under awnings outside their businesses and even though their main sole purpose is not as a restaurant what will happen to those people who have been kind enough such as Nutrition Cottage which has an eating area inside but does not have a serving area outside. Mrs. Finst made reference to Section (F)(2) regarding the nodes and stated if she is understanding this correctly there is not going to be any seating allowed next to the nodes and asked what happens to Linda Bean's and The Bull Bar since these restaurants are sitting by nodes. Mrs. Finst stated Section (F)(5) states that you may require more space than five (5) feet and asked who is going to have their space narrowed down or who is going to widen the sidewalk. Mrs. Finst asked for an explanation of Section (F)(6) A "No Table Zone" and who will be affected. She also made reference to Section (F)(7) and stated since there is no reference to markers she suggested that the City come up with a plan based on where the tree grades are and asked who is going to enforce all of this. Mrs. Finst stated we have to consider safety in many of these issues along Atlantic Avenue on the side streets. Mrs. Finst reiterated that there should be a way to put down the markers. There being no one else from the public who wished to address the Commission regarding Ordinance No. 37-10, the public hearing was closed. Mayor McDuffie asked if there was something problematic in the experience with permanent markers. Mr. Dorling stated there was concern about putting something like that in the ground and becoming a tripping hazard. Lula Butler, Director of Community Improvement, stated the markers did not work and sidewalk cafes do change. NIr. Dorling stated there was some concern about the sole purpose with Section (F)(1) of the ordinance and that was to address an issue that is becoming more prevalent where you have a business that is not a deli but more a restaurant coming in and requesting a sidewalk cafe and they have a coffee shop and an art gallery and then want tables outside. NIr. Dorling stated with this ordinance that would not be allowed. Mr. Dorling stated Code Enforcement enforces during the day and Clean and Safe enforces at night. Mr. Dorling stated with respect to the landscape nodes that language is being eliminated. Mrs. Butler stated she researched other cities that have sidewalk cafe ordinances and has not found any using markers. She stated other cities use barriers. NIr. Frankel stated Atlantic Avenue was just voted the best Avenue in the state and feels the safety issues have been addressed. 14 11/02/10 Mr. Eliopoulos stated he supports this ordinance. Mrs. Gray thanked staff for all their hard work on the ordinance. Mayor McDuffie stated this is a great step forward. There being no one else from the public who wished to address the Commission regarding Ordinance No. 37-10, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 37-10 on Second and FINAL Reading, 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. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 11.B. From the Public. None. At this point, the time being 7:30 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 38-10: Consider amending Chapter 33, "Police and Fire-Rescue Departments", Section 33.65, "Administration", to modify the board member designations for Fire Chief and Police Chief. If passed, a public hearing will be held on November 16, 2010. The caption of Ordinance No. 38-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE- RESCUE DEPARTMENTS", SECTION, 33.65, "ADMINISTRATION", TO MODIFY THE BOARD MEMBER DESIGNATIONS FOR FIRE CHIEF AND POLICE CHIEF; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 15 11/02/10 office.) (The official copy of Ordinance No. 38-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. The City Attorney stated he received a letter from the Chair of the Police and Fire Pension Board requesting this change. Currently the ordinance is set up where the Police Chief or Fire Chief has to sit on the Board and they cannot appoint a designee if they are members of the plan. The City Attorney stated what this ordinance would allow them to do is that even if they are members of plan the Police Chief and Fire Chief could appoint a designee if they do not desire to sit on the Police and Fire Pension Board. The City Manager recommends that the Commission not support the ordinance because he feels it is in the City's best interest to have the Chiefs sit on the Board if they are eligible to do so. The City Manager stated we have had a couple of Chiefs that have not been members and therefore have not sat on the Board. The City Manager stated Chief Strianese plans to start attending the Board meetings, and in his opinion, Chief Strianese should sit on the Board as well. Mr. Eliopoulos stated sometimes these meetings go on for four hours and asked if it would be better if the Chief would be better at doing something else. The City Manager stated considering the amount of money involved you are talking about approximately $100,000,000.00 plus there is an actuarial deficiency of approximately $65,000,000.00 which exceeds the annual budget. The City Manager stated there needs to be an executive level person sitting on this Board when they are legally able to do so. Mr. Fetzer concurred with the City Manager's recommendation and supports denying the ordinance. Mr. Frankel stated he has been a member of the Board for approximately three years and he does not recall either the Fire Chief or the Police Chief ever attending a meeting. The City Manager stated the Board has a fiduciary responsibility to manage the assets and the fund appropriately and they are also responsible for interpreting the Code as it applies to a situation where people want to retire and they are claiming disability or determining what their retirement benefit will be. Mr. Frankel stated part of that fiduciary responsibility is education and he recently took his advanced test where he is certified by FPPTA (Florida Public Pension Trustees Association) to act as a fiduciary. He stated this would also be more time taken by the Fire Chief or Police Chief to be educated on everything that is going on. 16 11/02/10 Mayor McDuffie stated if that does occur he feels there should be some level of specificity of who the Chief designates. Mayor McDuffie stated he concurs with the City Manager that we need a higher ranking person from each organization of this Board because we are talking about $165,000,000.00 of the public's money. Mr. Eliopoulos moved to approve Ordinance No. 38-10 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie - No; Mr. Eliopoulos - No; Mr. Fetzer - No; Mr. Frankel -Yes. Said motion to approve was DENIED with a 3 to 2 vote, Commissioner Gray and Commissioner Frankel dissenting. 12.B. ORDINANCE NO. 40-10: Consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Article III, "Legislative", Section 3.02, "City Commission: Composition, Eligibility, Election, and Terms"; and amend Article V, "Elections", Section 5.02, "Types of Elections"; to provide for a change in the length of a term from a two (2) year term to a three (3) year term; providing for a referendum election to be held on March 8, 2011. If passed, a public hearing will be held on November 16, 2010. The caption of Ordinance No. 40-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR REVISIONS TO THE CHARTER OF THE CITY OF DELRAY BEACH BY AMENDING ARTICLE III, "LEGISLATNE", SECTION 3.02, "CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS"; AMENDING ARTICLE V, "ELECTIONS", SECTION 5.02, "TYPES OF ELECTIONS"; TO PROVIDE FOR A CHANGE IN THE LENGTH OF A TERM FROM A TWO YEAR TERM TO A THREE YEAR TERM; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON MARCH 8, 2011; PROVIDING A REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 40-10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated at its Workshop meeting of June 8, 2010, the City Commission indicated their preference to go to try to move to a three year term and the preference of moving forward with the Election in March 2011 for it to be effective for March 2012. 17 11/02/10 Mr. Fetzer stated he missed that Workshop and he sent a memo to the City Attorney about his position. Mr. Fetzer stated he supports going to three year terms because he feels it makes sense. He stated Boca and Boynton have done the same thing and he feels it may help us save in the cost of an election. Mr. Fetzer stated he does not want to bring this to the voters where it would affect any of the existing City Commissioners terms and will vote against it on that basis. The City Attorney stated it will affect two seats because at the June Workshop meeting it was presented where if we have it adopted March 2012 to take effect then it could potentially affect two of the current Commissioners. The City Attorney stated in order to have it not do that staff would have to extend it out by two more years (2015). Mr. Eliopoulos agrees with the two three year terms because of the added benefit of possibly eliminating an election to save money. However, Mr. Eliopoulos stated he will not support this because he feels we need to have a Charter Review Committee review everything. Mrs. Gray stated this may affect a Commissioner at one point or another whether the Commission votes on this now or in the next two years. Mrs. Gray asked how much money the City will save in one year. The City Clerk stated the City usually spends $35,000.00-$38,000.00 on an election in one year. Mrs. Gray stated she supports the change to the terms of the Commission. Mr. Frankel stated he is not in favor of term limits but for the money savings he feels this is a good thing. He stated the fact that Boca and Boynton as well as numerous other communities have three or four year terms he feels this ordinance is appropriate. Mayor McDuffie stated he has been in favor of this for more than saving money for the City although that is an important criteria but the other part is the productivity of the City Commission. He stated if the Commission wants to make it to the point where it does not affect any Commissioner they would just have to go back and take a look at what date to make it effective. Mr. Frankel moved to approve Ordinance No. 40-10 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos - No; Mr. Fetzer - No; Mr. Frankel -Yes; Mrs. Gray - Yes. Said motion passed with a 3 to 2 vote, Commissioner Eliopoulos and Commissioner Fetzer dissenting. At this point, the time being 7:49 p.m., the Commission moved back to Item 9.G. of the Regular Agenda. 18 11/02/10 9.G. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to the Police Advisory Board for an unexpired term ending July 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel stated he would like to defer his appointment to the regular meeting of November 16, 2010. 9.H. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL,: Appoint one (1) regular member (for Zone 3) to the Neighborhood Advisory Council to serve a three (3) year term ending July 31, 2013 and one (1) regular member (for Zone 1) to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5) and Commissioner Fetzer (Seat #2). Mayor McDuffie stated he wished to reappoint Linda Laurence-Leib as a regular member to serve on the Neighborhood Advisory Council to serve a three (3) year term ending July 31, 2013. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; NIr. Eliopoulos -Yes; NIr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. NIr. Fetzer stated he would like to defer his appointment to the next regular meeting of November 16, 2010. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, the City Attorney, and the City Commission. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated Milena Walinski is the Interim Finance Director and staff received over 80 applicants for the Finance Director position that meet the minimum requirements. The City Manager stated staff will be going through the applications and hopefully making a choice by the end of the month and certainly before the end of the year. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 19 11/02/10 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 NIr. Eliopoulos asked the City Manager about the follow-up to the request he had on the Waste Management analysis and would like the City's explanation of how it occurred. Secondly, Mr. Eliopoulos stated he attended the Segway Tours Ribbon Cutting Ceremony last week and feels we need to notify the Chamber to see if they have licenses to operate in the City. NIr. Eliopoulos commented on the Bed Race and stated it was a decent turnout. NIr. Eliopoulos stated Mrs. Gray attended the Atlantic Community High School Eagle Nest 2 Ground Breaking and did a good job speaking on behalf of the City and the Mayor. Lastly, NIr. Eliopoulos stated if you go to Federal Highway where the townhouses are located and when you get to that intersection (corner of N.E. 1st and the two-way pairs) and turn north you cannot see because of the landscaping. Mr. Eliopoulos stated if you look southbound it is hard to see cars coming. The City Manager stated this is on 6th and Federal Highway. 13.C.3. Mrs. Gray Mrs. Gray stated on November 20, 2010 Cooper Union College of Engineering and Art will be doing clinics for the girls basketball at Pompey Park as well as doing a volleyball clinic on Friday, November 19, 2010. Mrs. Gray stated the clinic has been running for approximately 6-7 weeks for girls' ages 8-15 years old. Secondly, Mrs. Gray asked the City Manager about the Community Redevelopment (CRA) Agency and the City Disparity Study. The City Manager stated he does not know what the CRA is planning and at this point staff has no plans to do anything. Mrs. Gray asked if staff could look into having this done. The City Manager stated he questions the value of it; however, he can send Mrs. Gray what he sent to Commissioner Fetzer and if the Commission still wishes to have it done then staff can have this done. The City Manager stated it implies an assumption that you are going to then make some allocation to a minority and the contractors about the City's business. The City Manager stated he feels the City is better off to try to educate and train people to compete and if they get all our business that is great rather than going through a process 20 11/02/10 that ends up having to set aside. The City Manager stated Susan Ruby had raised some legal questions about going that route. The City Attorney stated there may be some issues with staff trying to do that. Mayor McDuffie stated the City needs to get that information out to the public and also get the statistics out on the percentage of the contracts. The City Manager stated in talking with the Purchasing Manager some of the people complaining were not on the bidders list at the time and there are some things that we need to better educate people about so that they can compete on bidding for the City's business. Mr. Fetzer stated we need to provide a clear public information policy on this. Mrs. Gray asked how will the City get this information out and when will we start training. The City Manager stated he will have to report back to the Commission on this. Lastly, Mrs. Gray stated she went to Village Academy and Pompey Park today to see how the voting was going and at Village Academy there was an issue with spoiled ballots and thanked the City Clerk for contacting the Supervisor of Elections office regarding this. 13.C.4. Mr. Frankel Mr. Frankel had no comments or inquiries on non-agenda items. 13.C.5. Mayor McDuffie Mayor McDuffie stated he has run into more than a little bit of interest around the community about the selection process for a Finance Director and asked that the City Manager provide this information to the Commission. The City Manager stated out of the 80 applicants Human Resources will narrow that down to the top 15 candidates or so and the City will have a Selection Committee that will include some City staff, Howard Ellingsworth, and the Finance Director from Boca Raton. The City Manager stated the Selection Committee will compile a short list of 3-5 candidates that he will interview and will make a final selection. Mayor McDuffie stated he wants to make certain that the City of Delray Beach realizes that the City has gone through a very clear and transparent process and found the best person for this j ob. Secondly, Mayor McDuffie stated he attended a costume party at Kevro's Art Bar for the CJ Foundation and dressed up as Woodie from Toy Story. He stated they raised money for the Milagro Center and it turned out to be a great party. Mayor McDuffie stated there was a kickoff for a new magazine called Delray Beach Your Town/Your Magazine in the community at Old School Square. He stated this was a well attended event and this is another way to market the downtown. He commented about the Bed Races and stated the event was bigger than last year although not as big as in previous years. 21 11/02/10 Mayor McDuffie stated he met with the President of the group that is owned by the Sun-Sentinel that does the Jewish Journal and he offered to do in their newspaper afour-page center of City information. Mayor McDuffie stated his circulation in the City of Delray Beach is 28,000 and this would go to every home that gets the Sun- Sentinel and would be placed on free newspaper stands all over the city. Mayor McDuffie stated he will get a copy of his proposal and let the Commission know what the actual cost is. Mayor McDuffie stated he was asked about the US-1 Master Plan and he informed them that there is not one. The City Manager stated there is not a plan for the South Federal Highway area. Lastly, Mayor McDuffie stated Cindy Malone's (Michael Malone's wife) mother passed away on Sunday. There being no further business, Mayor McDuffie declared the meeting adjourned at 8:10 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on November 2, 2010, which Minutes were formally approved and adopted by the City Commission on City Clerk 22 11/02/10 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. 23 11/02/10 IIN TIDE IT'`r' ~C7MCI,~IIS~6{~N HAI'ERS~ +~ T"F~E t~ITY ~l"• I~E~.RA E3EAt~l~l" I~°L~Rl~a~4, 9RdER ~? TIME' ~~TY" ~C~MMISSI~N ~F THE CITY ~E ICE, Y BEA~I-l, FLCtRill ~'. Tl~i l err appeal cat the ~'lanninq ar~d ~~uirt~g Director's interpretation fur Irue'~ luat~d at ~~ Sabree~~e n~u hla r~l~ before the pity orT~rrrissiani INc~ven7ber "~„ ,~CD~+I, ~ September ~, ~?C11l, tl°r Director deterrninet~ that Sectican 1.~, first Floor' l~~lil~t l~irr"Niit ,ref the t3each Prc~~rty (7wners design Manuai is intended to estak~iish guir.~eli~t ~wrhrih assure that rr~, tt~ry trutur l~ial~r c~:rtain heights din excess t~f ~ and rrreasurrn hire than ~4' from the oc~ul~d floors aro considered two statics. ~l~is i r~r~t to ~ at~r~tn~udl nor interpreted to spy that any twt~ story bulrir~u that is blww these +~in~ur~~~ou~ i considered ~n ~t~ar'y truoture as alleged b ~ project"s arc~iitect. Th~~fur,„ the habitable flrrr areal ir~~luiled under' r'oaf for ~~ upper ler~l loft is ~orrid~rd second story li~~r'irrg area. Irr ttris case it is ir~~por~ar}t because atwo-story structure hay lower lot coverage ar7d higher open space rer~uiren~ent. The appillcant has designed ~t~ pr'a~~ect witf7 the less stringe~rpt one ~to~ry all~v~r~ir~o,o. Thy rpellant, Appellee and pity tau presented rMiocur~~er~f~ry ^idr~~a Ind testimony to tyro pity on~r~~ission pertaining to the atapeai of the I~Vrt~riir~ urrd ar~incg irtr" irtt~rpr+atation regar-din~ f~~thr r rr~rt the structure i oar~rid'er`~d' a two story ~tructur ~r+r~u a rd~ story structrar All f the evidence is ~~rt of the record in thrs , ~. Ttr pity ~+r~rriuirr>i, finds ttr~~ i ir~rl rid car~rtrrt ubtar~til id'+~rt t~ uppcrrt its fir~r~dira,c~i~ ire the record surrritted, acrd! adapts the facts cr"iiti~r i~r~ the record wr~uludliir~, u;t nt~t limited to 'the staff reports„ testirt~ar~y of experts sand other ooa~~petent witnesses stapprarfin th furrdings City Commission Meeting on November 2, 2010; Item 9.A. ~, used art fie entire reca~rd ~~~'~~ i~„ t~~ ~~lit' ;~r~~t~issic~un approves '!~ denies t~r~ appeal artd ~wr~ idc~jpt tP~i ~r~er tf~lis 2'"~ day o~ ~9aver~b;r, 1, u ~ ; w.~ ~~ , s ~ ~ ~~ ry _ ~ ~d , a o~~t~ rf 4 urn fart~r ~d ~ a ~a .. ~~ ~leisan S. MCC~uffie, Mayor,. ;- n Af'TIT~ ' ~,., i,k ~ a `,.~ ~~~ +~k'leVeile ~~~V~If~ pity 1erk City Commission Meeting on November 2, 2010; Item 9.A. ~~ TF-kE ~~'"'' ~DMM1SSli~CJiN CHAMBERS F THE CITY ~F ~LF~AY ~EA~E~~ FLQRSN~ ~C+3N~ITI~IV~'l~. ~J~~ ~t~~M~I~~T ~ H~4~TM~~' ~~?NJSE flF~~~F~ ~ T"HM CITII` CUM~~~M~w~~C~N ~ THE CIT"1( +~~ IN~~:N! F~~4~1( ~E~CH~ 'L!QRI~Aw ~ . This n~diti~nl a rgt~t tea rr~ ~~~rµ the City C~rrnrnsst~ p I~verTllber' C~~~ Thy nditi~rr~il use r°u~~t i ~ ~tiliiN~ ~3d rrd ~~ft Ilncr at U2 N~ 7`i' Avenue. The City staffs applicant, ~d ~at~w~r persons gave premed da~trrT~entary evidence and testimony t- tad City Cor~t~r~~iiic~ pertairrir'r~ try the ctrpdut~nl use ~cr~~rest of Ha~tn~an i-~oN~w~~. VIII f fih~e evidence iii ~ part ref the record as this case:, iui~ tir~dir~~s it rr~ad~ iu~ ~tun~ ~ ar~d UU ~Nwvmr. tw t~'~lM~pt~FiENSIV~ ~~~N .. Future Land t9~~ Map: The ~'~uultir7g use of karrd ~r stru~t~ur~i rr~ut be aClowed inn the zoning district within which the iarrd is situated and said ~nin rust be consistent with the applicable land use designation as shown on the Fut~tr Lind Use IMap. The subject property has a Future Land Use Map designation ref Medium Density (MD) 5-12 dwelling unit per acre and a rrung designation ~ Mediurr~ Density residential (RM). The RM Zoning District is consistent with the MD Future Land Use Map designation. Pursuant to LDR Section.. 4.~4 G(D)(13j, Bed and Breakfast Inns,.,. ribject to the? provisions o~ 5etiar~ ~,3.3(,Y"}, ar"~ permitted as conditional. uses within the RM Zoning District, /~r~ t~~a rc~u~irr~e~~nn"t +~ tih "utl~e ~.~ind !~ M~~ rr~~t? B. ~C~ncurrency: Qbgective B-' ~" the L~r~d' Ilse Eler~r~t ~ the Crrr~p~eh~nsiv~ Plan requires tat development not exceed the ability of the City tca fund ,arid provide„ r~r t rewire the prcavision ¢~f, needed capital ir7~provernents, 1' City Commission Meeting on November 2, 2010; Item 9.B. Are the cancurrertcy requlrentents met with respect to water,. sewer,, drainage,, streets ar~d traffic, parks, open space, saVid waste ar~d 5chaat~r ~eS ~ i~ ~. ~ansisten~: A finding raf a~rall consistency must be r~~ade with regard to tl~ f~llt~~rvng: `~, Future Land C:~se Objective A-1. Property shall be deve4c~ped or redeveloped, in a manner so that the future use, intensity andl density are appropriate in terr7~s of sail, topographic, and other` applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent Land uses and fulfill remaining land use needs. ~'. Frlture Larsd Use Objective ,,~ Tl~e redevelopment of land and.. buildings shall provide for the fareservatian of historic resources, The objective shall be met through continued adherence to the Gity's ~kdist~a~ric Preservation C,~rdinance and, where applicablea t~t arehlitturk d+~ign guidelim~ tl~rt~ugh the follawirlg policies ~. ert~~re Land Use Policy -~l.'~. Prior to approval or recammencting apprnva! of any landl use or development application for property located within a historic district Apr designated as a historic site, the ksdistaric Preservation Bard' roust make a finding that the requested action is consistent with tl~ie provisions of Section 4.5."l of the Lana Development Regulations relating to historic sites and districts andl the "Delray Beach ^esign Guidelines". Future Land Use Policy A--~1.2 In order to protect the ityMs l~ii~toric resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, ar districts. The City shall conduct periodic neighbort~oad surveys to identify and evaluaut ,potential l'~istc~ric resor~rces at least +ance every five years. ~„ ~-rrt~..are Land Use Objective C~ aortrni~ developr~~ent, with dr«u~ tegard for private property rights, historic preservation artd character, is an essential component ol` the redevelopment anal renewal efforts which are directed to the future of the City of Delray Beach. Specific efforts far the coordination and provision of economic development activities shall be centered in the City Admir~istratit~n's Develc~pm~ent Services Management Group. City Commission Meeting on November 2, 2010; Item 9.B. Future Viand Us+ {fib ective -;. The ~entraV Business District ~~BD) and surrot~rtdirtg neighborh~ads, including A-`I-A, Seacres boulevard, and ~wiratrt ,,venue represent the essence of what is Delray Beath ~. °ill'age by the Sea". The continued revitali~atian of the BBD is esserztia;N to alchieving the overall theme of the City's Cornprhrnive Flan Iby managing growth and.. preserving the charrn.. ire the consistency requirements rnet such that. the proposed project is cornpiernentary to and compatible with adjacent land uses and the beneficial aspects of the project ou~tweigM the negative rrtpact of identified points of conflict? Yes ~~, ~QR REQUIN~",~I~IEN7S ,.. Section 2.4.5E 5 re ulres certain findin s' ~t~e conditional trse wily riot; 1', Piave a signifcantty dtrir~'rntal ~ffct apart. the stak~i'fity ~rf tie neighborhood within which it !mill be I~?cated; k~iinder development or redevelop~mrtt of nearby properties. il'l' Sectic~r~ 2.4.~~E~~5} ~ rnt'" 1n~ B. Section 4.3.3 Y 1 "Bed and Breakfast Irtrd~"" "l~,ocation": Bed art BrE;~akfast inns shall only be ~stabiished as ft~l'lc~ws: ~l. Within designated historic buildings which are located ran individually designated sites as listed in Section 4.5.1(K) nr on those properties classified as "Contributing" within a designated historic district, as listed in Section ~~.5.1~~.j and whrN~ are a perrnitted or conditional use within the zoning district. 2, foot witMart t70' of another Bed and Breakfast irtn, measured lot line. "to laat line in a straight line when located within ttto Mediut7~-Density„ Multi_Family (RM District. 3 City Commission Meeting on November 2, 2010; Item 9.B. Nave th~~r rt~r~uirem~nt ~f ~e~ti~rn 4,3.3(Y)~1 ~ been met? Yes ~d,t~ ~. Section 4.3.3 Y ~ "Bed and Breakfast frw~w"' `~'~"arkn 3'. r~'kin~ fair` Bid'' airr~~ B~rakfast Inns shalV he provided as foilaws: ~!, ParkUn¢g~ hUU rr~p6'~r o~Uh the re~u~u~ernnit ins Sectian ~.. ~1 parking space sUaaVU be pr~rvided far thle n~anagerlowner undi rr 1 pirkin~g space shall Use provided far each guest roorY~~ ~. ,+~lU require parking s'h~rli b provided irr a r~~anner which wi[i nod detract from the character of either tyre neighbarh~ad or the historic ,property. ~o designated parking spu m~~r h~ Itd u~ruthbr~ the. Frtarrt or side-street setback areas.. 4. circular driveways andlar tandirn~ parking spaces tinti~tU~ a rr~aximurrr two (2j car depth are permitted. ~. Na parkini rrul h provided vii hni~U Uift. ~Mave the requiiremer~ts of Section 4.~.'~~~2~ been mete? Y Nra ~. Thy Uf"~r 4c~r~~n~iio~r~ has appUied the orxlprehensive flan... end' ~'~~ r~gla%ror~~er~ts ire existence at the tine the conditirniU r;.r Ipplicatiorr was ~saubGY~itted. Thy r!t"~ +Gommissianu finds flrher is ampC~ and orrrwpt~irtt ~IUkJStantial eviden tr»a s~itapart ifs fir7dir~gs in the rooord suiamittec~ and adapts the fat antair~ed in the cord inUradin~ bust nit I~~irnit~d tc~ the staff rprk andl tstirnn~ ~f wutnesses aapportin~g these frn~dins. used on the entire record bfrro it, the pity ~s~rnn~rissi+~n aupprove;~ '+ dni+es ~ the ond'utionV ~ appliati+rn r~bjot try the I~a~nditir~n atta~hd l~erett~ urn 4 City Commission Meeting on November 2, 2010; Item 9.B. C~ City Commission Meeting on November 2, 2010; Item 9.B. id ~~ FX~IIBIS "~" ~c~~~ditic~u~~ Felatet~ ts~ ~artm~m~ ~~~~~ ~c'anditi~n~~' Use ~. ~a~ the re~l~irer'~1e~pts cif ~.UF~ 5etia ,~(~„ ~d ur~d Breakfast ~nl~ be r~et at IU tarrue; Thum the ~ar'krrg space ar~~ I~~~ey mea~arerraer~~~ b jiuue b d~d~i~t~r~aJ t~vde a corlr'Ibined mirair~~urr~ ~Iepth rf 4"; a~r~ ;. ~hait Engineering Plans ar~d , "~i~ ~tatet~~ent b ~I~brnitted fair review f ~e Site Plan Apppicati~o~o. City Commission Meeting on November 2, 2010; Item 9.B. I'~q~,U T'k-iE, CITY ~:QI`VgMISSIC7N ~F-gAMBERS OF THE CITY OF Il~E1_RA`r` BEAGq~q, L+DRIDA C]RDER QF ~'HE CITY +~£IN~I'MIN~:~I) QF THE CITY of DELRAY I~AH, FL!ouRIDA IN LIEU PARKING FEE REQUEST F(7R 32 EAST 1. This qrl lieu parking fee reciuesf far` the ~urcq~ase of 1 {a~gng space iin-luau h~s c~~ b~~fr' t~+ City Com~r~~issian an November ~~„ ~~~1~. ', Thy Applicant ar~d City staff preser~tet~ dc~cr,~rn~na~ry eviderte ar~,d testil~~c~n~y ter tq~~e City ~or~~rr~issian pertair~ing to tl~e un quu parking fee request far fast at ~ f=ast At1ar~ti~o Avn~ All of tfn vuen~ us a a of the record irr tq~is ~. Required findings are made urn acordanc with Subseotut~n q, I. IINI L~E~ PARKING q=EE Pursuant fa LDR Section ~.C~.'g(~~Q3},, when a~Vditionai ,parking i~ required cf~te to expansions of use to an existing building and it is impf~ssible ar inappr+p~ruate to provide rich parking the City Commission may aprave the payment of an in Vieu fee rather t~rnin provide the required parking. Ire tine Gals of expansions of u~„ n exisfing parking spaces rz~ay be eliminated. Does the In Lien P~I~~Cing fee request for the purchase tf ~I' Iparkirtg sparco Ian-lieu meet the requir~rr-+~r~ts pf ~LDR Sectiarl 4.6.9~E)~3} and tt~re efanditians, of ~rny, listed below? At 15 B00 er s ace tataiin 15 6~i~.00 on the condition that fift err;ent 50°/o he aid u an si nin the a regiment and twent -five ereent 25% he aid an the second and third anniversaries of thgi a regiment. Yes / Na ~. Tq~ city ~trnn~issior~ hereby finds that the In Lien q~arun, Eee Ruga~ost rr~eets the roquu~rrrrents of 4.~.9~E~;~ crf tl~r Land DeveNapntent Regulations, witdl~ the conditions Nust above„ of an~+„ artd the City Comr~issun q~as applied the ~amprehens'ive Plan ands funds that uts dtrrr~unatians sit +~rtb in tq~ui~ fJrdr are c~onsisteraf vuith~ tine ~G~r~lprwhnsv~ PN~an ar~d Lind Dovolap~rnnt q,uilatins, 1 City Commission Meeting from November 2, 2010; Item 9.C. Tq~ ~t ~mr~~issior~ ti~tfs there i~ ~~rnple a! ~rmpetent substantial evidet~r to supp~ar i~ f~r~dlung i ~ ~~tra u~~~s~rnidl ~r~d d~rpt e facts coantain~t~ ire ~ r`c~rd ruludi~ ~~t r~vt lirn~i~ t+a~ tl~ t ~pa~t„ t+tur~°~rrri erg ~p~r~~ aid ~thr' ca~~rr~'~?itt~ess~ ~r~a~rtng t~ iif~g~, ~, ~~as~d ~o ~ r~tu~°~ Ord befac it, it ~rr~rro~ii~irv up~?v?s '~" i the i lei prir~ f r~~r~ CIS t frtN~ ~bv. ~~d c~r~ ~ r°r~~i~e record befic~r~ i„ tl~ pity wtr~ission herelby adopts t~ri r~d~ t~wu ~~d t~f Ne~v~r7~br, ~~'1 c~~ f ir7 favor and _... apposed, ~ "" .µ~,~ ~~°' ,__,_ ,~T~~~~': ~l~~r~ ~. McDuf~e, Mayor ~~ ~ ~~, _ .~ . , ~,~, ~.::kl~.: ~~ ~Mi; ° ~luhin, pity .~lerkT _ .~ City Commission Meeting from November 2, 2010; Item 9.C. WORKSHOP MEETING NOVEMBER 9, 2010 A Workshop Meeting of the City Commission of the City of Delray Peach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, November 9, 2010. Roll call showed Present - Commissioner Gary P. Eliopoulos Commissioner Fred P. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Hardery City Manager Prian Shutt, City Attorney Chevelle D. Nubiry City Qerk Mayor Nelson S. McDuffie called the workshop meeting to order and announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA 1. CHAMBER OF COMMERCE MARKETING GRANT REQUEST Mr. Greg Weiss, Economic Development Committee (EDC) for the Delray Peach Q~amber of Commerce, stated the addition to the addendum for the request is on the dais. This request comes on behalf of the Qzamber of Commerce through the Economic Development Committee. They are a group of private sector local business people that represent each of Delray Peach's business districts. The community is the economic development driver of the Qzamber of Commerce. Any initiative for development comes through the committee. The EDC is committed to long term growth and the economic viability of Delray Peach and also committed to bringing higher tax based businesses to Delray Peach in the effort to create higher sales and property tax revenue for the city. He discussed goals regarding tourism. The EDC and Destination Delray hold monthly meetings, focus groups and economic development events which are 100% volunteer based all from the private sector. Mr. Weiss referenced PusinessDelray.Org and discussed awareness, marketing districts and incentives as well as efforts that have been done by the Community Redevelopment Agency (CRA) and the city. From the tourism standpoint, the EDC believes tourism is crucial to the economic growth of Delray Peach Through Destination Delray, the EDC has identified key areas of untapped tourism dollars that will substantially benefit all of Delray. Though there are many subsections of tourism, the EDC feels that corporate tourism has cross over and cross pollination potential on both the tourism side and business relocation It will showcase Delray as a place to start or relocate a business. He continued to reiterate their beliefs regarding partnership and stated they are asking for a strategic investment from the city. Mr. Weiss discussed the aspects of their proposal. Commissioner Fetzer stated he would like to hear from staff regarding this grant request. Mr. David T. Harden, City Manager, discussed the cites normal grant cycle as ~ll as concerns with the request. Mr. Eliopoulos thanked Mr. Weiss for the presentation and discussed the budget. He feels tourism will help Delray Seach However, he would need more information to make sure others are onboard with this. Mrs. Gray stated timing in this economy is difficult with everyone and thinks ~ are duplicating the efforts of the Downtown Marketing Cooperative (DMC), Downtown Development Authority (DDA) and the CRA. She stated she would like to be fair to everyone. Mr. Frankel thanked Mr. Weiss for the presentation and feels SusinessDelray.org is the best ~bsite. He stated all requests of this nature should be done in the appropriate time frame. Mr. Fetzer stated this is an area he is very concerned about and spoke regarding the timing of the request. He stated ~ still have budget issues that are up in the air. In additiory he mentioned duplication of efforts and overlap. He stated we need to think through long term strategies and would like Commission to consider some level of funding to support this. Mr. Eliopoulos stated he does not feel we will have duplication if there is proper communication. However, he stated he is looking at other things we are trying to work out such as relocation of the Qzamber of Commerce; we may be providing some monies for this. We have to put our priorities together. He believes in this and feels there is value here. He would like to see more input from other organizations. Mts. Gray stated it is important that Commission stay focused on what their goals are and should stick to them. She stated if Commission comes up with dollars for this organization we should also look at the requests from other organizations. Mayor McDuffie stated he spoke with Mr. Weiss about this in regards to timing and budget. He is in favor of the direction this document is heading us in but it needs to be cleaned up a little bit. We should articulate the issues the city has with this request back to the Economic Development Committee in writing. He stated it would be very shortsighted of us not to recognize that we need to kick start economic development in the city of Delray. On the other hand we have to negotiate with two unions for $1,000,000.00 out of what they choose to work with us on. Our budget plans were made on the fact that ~ pick up $2,000,000.00. He stated he would like to know where ~ are on that right now He stated economic development is crucial to the community. Timing is poor right now; however, once ~ find out where ~ stand maybe ~ can refocus. Mayor McDuffie commended everyone who werked on this. He asked that we keep werldng on this. Cathy Salestriere mentioned Destination Delray and stated they are different from the DDA or DMC since Destination Delray`s initiative is much broader and the plan is to market nationwide and internationally to over 2.5 million people expecting to increase the amount of tourism and focus on corporate tourism as a big part of that. Ms. Balestriere stated they are working with very big organizations to do this for a very small amount of money. The DDA's focus is more localized. She stated Destination Delray will be able to calculate heads in beds regarding hotels and put value to this. Mr. Weiss stated all of the comments in the memo prepared by Mr. Robert Barcinsld will be responded to efficiently. He stated he appreciates the Commission s time tonight. November 9, 2010 Mts. Gray asked how the incubator aspect of the proposal will affect the incubator efforts of the TED Center. Mr. Francisco Perez-Azua stated he spoke to Mr. Seabron Smith about this and there is a difference in talldng about an incubator and incubation. He stated the economic development efforts of the chamber and his job is incubation: to bring in companies and help start up companies and career opportunities into Delray Seach He stated they are not trying to undo or go against what the TED Center is doing. Mr. Frankel asked about Destination Delray`s efforts in bringing convention business to the hotels. Mrs. Gray asked if the EDC will be open to a loan versus a grant. Mr. Weiss stated he will take that question back to the committee and asked that this be included in the Commissions comments to them. Mr. Eliopoulos asked if this was discussed as far as the amount that the EDC requested from the city. 2. EMPLOYEE FORUM PRESENTATION Mr. Richard Reade provided an overview of the Employee Forum stating this is on the cites Intranet. He stated it was modeled after a Dell program that Mr. Harden Teamed about at a leadership conference. Our employces have the suggestions and work on the programs so who better to come up with ideas and suggestions. He stated the software package was provided at no cost to the city. This is an opporhmity for people to ask questions or provide comments. He stated people can also post anonymously and Mr. Harden felt this feature was important so they would have the opportunity to still now speak directly to Department Heads, the City Manager and Assistant City Managers as well as cross deparhnental lines. He stated there are 6- 8main forum topics and employees are being trained to use the forum. In additiory computers are being utilized in common areas for employees who normally do not use computers. He discussed the monitoring of the site and posting replies. Mr. Reade reiterated that this is a new tool that we are utilizing and it is an opportunity for people to have conversations that they have not had before. This is a documented opporhmity for it to be heard and viewed and we are trying to change the way we do business through this tool. It was the consensus of the Commission that this is wonderful, a great idea and a great tool for feedback from employees. 3. LEGISLATIVE PRIORITIES FOR 2011 AND FEDERAL APPROPRIATION QUESTS Mr. Douglas Smith, Assistant City Manager, stated staff wanted to bring this before Commission for an earlier discussion this year to receive any input they may have on federal and state issues coming up for the next year. Over the last several years, staff has put together a state legislative document and summarized this in a handout format and these would be updated as we receive more information about the upcoming session We typically get a lot of information from the Florida League of Cities and they will set their legislative priorities at their conference later this month. In additiory we are mentioning the federal appropriation requests and these are generally due in February or March. November 9, 2010 This past year we requested money for beach renourishment and we are waiting on more information for this and we also requested Federal Highway funding. Mr. Smith explained the federal request cycle. He stated in 2011 we will submit our federal request for our beach infill project which is a total project cost of approximately $9.8 million and a federal request of $3.3 million. Mr. Frankel stated he would like whatever can be done regarding Federal Highway. Mts. Gray mentioned sidewalks and bicycle paths especially in regards to children in the neighborhood being able to walls and ride their bicycles safely. Mr. Eliopoulos stated he would like something added regarding the beach, reclaimed water and Federal Highway. Mr. Fetzer complimented Mr. Smith on putting this together and stated this is a great job at presenting this. He sees nothing that conflicts with what he supports and he is in favor of these. He mentioned the signage on Federal Highway. Mayor McDuffie discussed his meeting with Senator Nelson last year and the highway funding. Mr. Eliopoulos stated he would like to add downtown train to the list. Mayor McDuffie stated there is discussion going on in the Metropolitan Planning Organization (NII'O) regarding the downtown train. He echoed great job to everyone on this and stated we always have pamphlets with information to give to our representatives and senators. He stated we will have work to do in Washington this year as far as building new relationships as a result of the election. Mr. Smith stated Mr. Reade helped as well with the state and federal issues and thanked him for his help. He asked Commission to let him know if they need any additional information. Mayor McDuffie stated last year staff did a great j ob on the pain clinic issue. 4. FORMAT FOR ANNUAL CITIZEN S ROUNDTABLE MEETING Mr. Smith stated staff wanted to receive Commission input regarding the format for the Annual Citizen's Roundtable that will take place on January 25, 2011. He discussed the past year's format utilizing the small group discussions (the "Peter Plock" format). Staff recommends that we use the same format for this year. The first half of the meeting would still be standard presentations. Mr. Smith stated one adjustment we would need to make is a stricter ending time. He stated he attached some sample questions and we could inquire from the Alliance for Innovatiory if they would be available to facilitate again He discussed the infrastructure questions for the roundtable. Mr. Frankel stated it worked well, however, when you move people, you lose them. He feels we should move the meeting time to 6:00 p.m. to 8:00 p.m. Mrs. Gray agrees with the change of the meeting time to 6:00 p.m. to 8:00 p.m. November 9, 2010 Mr. Eliopoulos stated he agrees that once people have to move, they leave. He discussed past formats. He stated he did not get enough out of last year. He prefers the roundtable format. The city manager stated ~ could possrbly look at having the entire meeting in the gyre. Mayor McDuffie mentioned changing the time. He discussed last year's small group discussions and stated people ~re speaking to each other who had never met before. In that aspect, the small group venue was great. Mr. Eliopoulos stated he does not hear feedback from citizens regarding the meetings. He often hears negative comments. Mr. Fetzer discussed the issue of going back to the open mics. He stated he agrees with staying with the small groups but there are too many questions. He would rather we ask a fewer number of questions and thoroughly discuss those. We have to make it meaningful and worthwhile for people to invest their time into this. It needs to move along and be held in the Mayor McDuffie stated ~ tried to accomplish too much and burned the people out. Mr. Frankel stated we could send out the questions and asked people to email them in. Mr. Fetzer stated he is willing to suggest a meeting time of 6:30 p.m. as a compromise Mr. Smith stated ~ could save at least 20 minutes by staying in one spot. Mayor McDuffie adj oumed the Workshop Meeting at 7:36 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Qerk of the City of Delray Seach, Florida, and the information provided herein is the NTinutes of the Workshop Meeting of the City Commission held on Tuesday, November 9, 2010, which Minutes were formally approved and adopted by the City Commission on November 16, 2010. City Clerk November 9, 2010 NOTE TO READER: If the NTinutes you have received are not completed as indicated above, this means they are not the official NTinutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the NTinutes as set forth above. November 9, 2010 MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: November 10, 2010 SUBJECT: AGENDA ITEM 6.A. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 LINDSAY KENNEY, OCEAN RESCUE OFFICER EMT PROCLAMATION ITEM BEFORE COMMISSION Proclamation to recognize Lindsay Kenney, Ocean Rescue Officer EMT, for being chosen as a member of Team USA to participate in the Rescue 2010 World Lifesaving Championships held in Alexandria, Egypt. WHEREAS, in October of 2010, in Alexandria, Egypt, the Rescue 2010 World Lifesaving Championships were held; and WHEREAS, Delray Beach Ocean Rescue Officer EMT, Lindsay Kenney, was one of the 12 member, Team USA; and WHEREAS, 30 other teams and 3,000 athletes from around the world participated in the Rescue 2010 Competition; and WHEREAS, the Delray Beach Ocean Rescue Officer EMT Lindsay Kenney used her skills as a professional ocean lifesaver to compete against other world class athletes; and WHEREAS, Lindsay placed 11th in the 4 x 100 Relay and reached the semi- finals in the Board Rescue Race; and WHEREAS, Lindsay's efforts helped Team USA place 10th overall and 6th in open water ocean events at the Rescue 2010 Competition; and WHEREAS, Lindsay has generated much civic and community pride in Delray Beach, Florida. NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend Delray Beach Ocean Rescue Officer EMT: LINDSAY K£NN£Y for her representation of the City of Delray Beach and offer her congratulations on a job well done in the Rescue 2010 World Lifesaving Championships. 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 16th day of November, 2010. NELSON S. MCDUFFIE MAYOR 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: November 10, 2010 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 REQUEST FOR SIDEWALK DEFERRAL /1019 AND 1020 LAKE SHORE DRIVE ITEM BEFORE COMMISSION Acceptance of Sidewalk Deferral along Lake Shore Drive for property located at 1019 and 1020 Lake Shore Drive. BACKGROUND The applicant submitted a Building Permit application to construct two new single family homes at 1019 and 1020 Lake Shore Drive respectively. Pursuant to the sidewalk deferral agreement, the owners will construct the sidewalk at their sole cost and expense at a later date, after being requested to do so by the City. Currently, there are no plans to install a sidewalk along Lake Shore Drive. RECOMMENDATION Staff recommends approval. Prepared By: RETUIti~l TO: lt. Brian Shutt, Esq. . City Atto~•ney's Office 200 N.W. 1st Avenue Deh•ay Beach, ~`lorida 33144 AGREEMENT TOR SIDEWALK Il'IPROVEMENTS THIS AGREEMENT entered into this day of 2010, between the City of Delray Beach (hereinafter the City} and Robert lul & Susan Nl Russo (hereinafter the Owners), far the puz~ose of waiving the requirement of the installation of a sidewalk along 1019 and 1020 Lake Shore Drive until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the 1019 and 1020 Lake Shore Drive right-of--way immediately abutting the subject property, by the Owner prior to the issuance of a cez•tificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Developzxzent 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 foz• the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. C: IDocunzerits and Setti~ags~ltrtchnrarrsilrg6r4Local Settirags[T'emp~rary fttternet FileslContent.0uttook172t'DQ.ZDr~sidez~~alk deferral agrnt.dac 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: 1019 and 1020 Lake Share Drive, Delray Beach, F133444 Lots 3 and 4, Block 2, Lake Ida Shores, according to the plat thereof as recorded in plat book 25, page 54 of the public records of Palm Beach County, Florida. 12-43-46-O8-IS-002-0030 and 12-43-46-08-18002-0040 1. The Owner agrees to canstzuct a sidewalk, at its sole cost and expense, along the 1019 and 1020 Lake Shore 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 curzent 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 fozxrz and suf r~iciency: City Attorney Mayor C: tDocuments and Settingsllu#chmansingl:lLacal SeftirlgslTemp~rary L~#ernet FileslContent. Dutlook172T/DQZDFlsidewalk defet•ra! agmt.doc w~TNESSrs: (Please type or print Warne) ~^~~- -~. (Ple~rse typr~ c~r• ~ri11t r~~r~~~e) - sTATE OF i ~~~''~` } COUNTY OF P~I,n Pt=~~~ } OWNER Bar' Robert ~~~~xtsso _~``' strsall M. R SSo BEFORE ME personall}7 ai~peared i7~~~~ ~~', f~'`rJ~ ~~~° ~~rho [is ar personally kno«rn to r~~e or [lia~~-~~~1 [arid _-- - , resi~ective~y~ as identification, arxi who executed the foregoing instrwnerlt, and ackno~~rledged before rrre that [he] [she] [they j executed said instr>.unent for the purposes expressed therein. ~~ V4~ITNESS rn3~ hand and official seal this ~~ day of ~~`~ 2010. My conrrnission eLpires: -`~°-~`~~- f Not ~ ..,,..._ ,,,,~~~ :-~~ ~y~ ot:~>:x~. sc~rr~~rz =* .~; i~veoi~ih~issiov~rat ~~~o€,~~R~ sor~a~ ~i~r:s: 2~4~a (Soal) June 1~, ~~ - -~A6tsryt'ub:~crlndentiriters ag€~sicie~valk deferral agreer~ieut ~i ~•,ja'--~-. I~ , f C~~l~J a C:1Usersll?er•ek4~f~pDcrlalLneal1,bficroso~t41J'irrclou~s4Tem~orary~`nternet FilestCajrtefrt.Orrtlook167PJTLtr~rlsidesvall, defer•r•a( agnrt. dac SITE LAKE IDA ROAD SHORE DRIVE CITY of DELRAY BEACH LOCATION MAP ENVIRONMENTAL 3ERVICE3 DEPARTMENT 1019 & 1020 LAKE SHORE DRIVE 434 BOU7H 8WNTON AVENUE, DELRAY BEACH, ROPoDA 33444 DATE 0-129155 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: November 10, 2010 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 ACCEPTANCE OF A SIDEWALK EASEMENT DEED /ALOHA CLEANERS ITEM BEFORE COMMISSION Acceptance of a Sidewalk Easement along N.E. 2nd Street for Aloha Cleaners which is located at 501 N.E. 2nd Street. BACKGROUND In order to accommodate an existing tree and meet ADA requirements the additional sidewalk easement is required. RECOMMENDATION Staff recommends approval. Prepared liy: RETC]ltN: Terrill C. Py6u~~n, Esq. City Attorney's Office Z00 N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this ~ day ofje ~2vr~loe~ 2010_, by and between ~nn~nz~rx.~ct ~azc~al~c~, with a mailing address of 50 ~ ~"~ 5~- ~?elr e~~z1, .~~s4~'l party of the fzrst.part, and the CITY OT DELRAY BEACH, with a mailing ad ess of 100 N.uT. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the parry 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 paz•t, its successors and assigns, a right of way and pezpetual 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: DESCRYPTION See Exhibit "A„ Concornitant and coextensive with this right is the further tight 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 sha11 be subject only to those easements, restrictions, conditions and reservations of record. That the party of the first pant agrees to provide for the release ar subordination of any and all moa-tgages 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 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 first part to the required standards, the parry of the second part shall repair and maintain the sidewalk 1 in confozmance with its practices of maintaining publzc sidewalks throughout the City of Delray Beach. Party of the first part does hereby fully waz7ant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, thz•ough or under it, that it has good right and laud authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows ar permits, the same shall include the successors or assigns of the parties. IN WI'T`NESS WHEREOIi, the parties to this. Easement Deed set their hands and seals the day and year first above written. WITNESS #1: {name printed or typed} WITNESS #2: c~ l ~ ~ ~~.r~' c`nrtinzky~ Sim {name printed or typed} STATE OF ~~~~~~```~ COUNTY OF ~~~-~~`--~.~`~~~~~-•- PARTY OF THE FIRST PART By: 2A G~~n ~s~~. The foregoing instrument was acknowledged before me this ~ day of ~~-t , 20I 0 b3T ~Y.,,,,~„t~,:l-a, ~~~~~~ r o {name of offzcer or agent}, of ~}„ .~~ ~~,~ {name of corporation}, a _ filo~ ~~a~ {State az• place of incozporatian} corporation, on behalf of the corporation. He/She is personally known to me or has produced `~rive~~ t+cenc~+ ~ (type of identification} as ide nd didldid ,,, ,,,, not take an oath. ~ s~~~~ •~. BETTY JO WIGD~#~SON ~~' ~'~" Commiss(on # i3f3 878272 '17, 2013 Signature of Notary Pt1 ' ~;~~~,,` Bondas71w7ivrFaninya~,e8p4385-1019 State of ~~ t~av~ ~~~, ATTEST: City Clerk Approved as to Legal Form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: 2 Nelson S. McDuffie, Mayor J®HN ,®-. GF~ANT, JR., INS. 3333 NORTH FEDERAL. HIGHWAY CONSUL_TlNG ENGINEERS & LAND SURVEYORS ~nra Rarn~ f;-~ n>z;!ne ;~~~~ PtipNE (561) 395--3333 LICENSED BUSINESS ~ L_B 50 FAX ~: (561) 395-3315 SKETCH AND LEGAL DESCRIPTI®N AL®Hr4 CLEANERS SI®EV~IALK EASEMENT A parcel of land lying in Section 16, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida, said parcel being more fully described as follows: Commencing at a point, said point being the Southeast corner of Lot 10, Block 106, as recorded in the map of the Town of Linton, Florida, in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; Thence run S89° 44' 05" W, an assumed bearing, along the Southerly boundary of the aforesaid Lot 10 and being also the Norkherly right-o#-way line of NE 2"d Street, 59.08 feet to the Point of Beginning of herein described parcel; Thence continue along said Southerly lot line 17.32 feet to a point; Thence N44° 44' 05" E, 4.24 feet to a point; Thence N89° 44' 05" E, 11.32 feet to a point; Thence S45° 15' S5" E, 4.24 feet to the Point of Beginning; Containing 35 square feet. ~~ ~~ ~~ r ~ ~ u ~ Q ~~ ~u ~ a~,~3 J_. _.. __ ~s U 5 F. ~ ~vr tt%~ ~M ~ .~ ~, Y• :~r~ ~ ~ 3~ sZ ~O~ l v~ C S E Drawn By Date ~ ' t ~ " ; ~ Checked sy F.B. - pg. scale N T' S .lob N©. tOb - °143 shoes l at ~ Drawing:J:\SUFN~Y~WC Srvy Bordar.dwg\l.ayouEf }~ Lv 5 9.0 3 ` /~p1 `7 ~a Cam./t,~1 C't~ ~' ~ / ~~~ 1~f ~~~ l~J~ REVIEWED AND APPROVED WALTER A. CORNNELL REGISTERED LAND SURVEYOR #1757 STATE OF FLORIDA o Q 0 _J Q ti i 0 :~ 0 z 0 0 3 0 a a .~ 0 rn 3 i z z n 0 J O L O Q T 3 O N N NE 2ND STREET W Q Z W Z > j Q Q S = 'r- ~ ~ ~ W w z z NE 1ST STREET ~ ~ _ _ J J Q Q ~' ~ W W ~ Q W W Li ~ ~ ~ z z ~ ~ 0 0 m m _ _ ~ ~ ~ ~ 0 0 ~ z ATLANTIC AVE 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: November 10, 2010 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 UTILITY EASEMENT AGREEMENT/ FLORIDA POWER & LIGHT (FPL)/ SWA SOUTH COUNTY TRANSFER STATION ITEM BEFORE COMMISSION Approval from City Commission fora 10-foot FPL Utility Easement at the Solid Waste Authority (SWA) South County Transfer Station. BACKGROUND Under Phase III improvements at the SWA South County Transfer Station a 10-foot FPL Utiltity Easement is required. The City owns this land. The SWA is currently leasing the property from the City of Delray Beach and therefore needs City's permission for this FPL easement. RECOMMENDATION Staff recommends approval. Work Bequest No. ,~~ EASEMENT SeC.29. `twp 46 S, Rge 4B ~ This Instrument Prepared By Name: Thuy A. Truong Parcel I.D, Co. Name: Greenhorne & O'Mara, Enc. (Malntatned by County Appraiser} Address: 3223 Commerce Place,510d Form 3722 {Stocked} Rev. 7184 West Palm 8each,Fl_ 33407 pg or The undersigned, in consideration of the payment of $1A© and other good and valuable conslderatfan, the adequacyy and receipt of which is hereby acknowledged, grant and give tv i'iorida Power & Light Company, its Ncensees, agents, successors, and assigns, an easement forever tar the construction, operation end main#enance of overhead and underground ptectric utility facilities ~lncfuding wires, poles, guys, cables, conduits and appurtenant equipment} to be insialied from time #o lime; with the right Eo reconstruc#, improve, add lo, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement feet In width described as fellows: See Attached i.egal Description and Sketch To other with the right to permit any other person, t:rm or corporation tv attach wires to any facilities hereunder and lay cable an~ conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to sold premises at all times; the right to clear the land and keep It cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere wlih or fall upon the I€nes or systems of communications or power transmission or distribution; and further granfs, fo the fullest exieni the undersigned has tine power to grant, if a# all, the rights hereirrabove granted vn the land heretofore described, over, along, under and across the reads, streets or highways adJaining or li~rough card property. IN WI7Ni=SS WNEREOi', the undersigned has signed and seated ibis instrument on , 20_. Signed, seated and delivered in the presence of: orpo a es name i Hess gna tyre Print Name: Hass ~ Hess gna ure Print Name: {Witness) #3y: 29 rasE en s s gna ure Print Name: Print Address: Altesl: ~"°~ acre a s signs Eire Print Name: Print Address: . (Corporate Seal] STATt= Op AfJD GOlli~}7Y OF ~'he foregoing instrument was acknowledged before me this day of , 2t3 , by ,and respectively the President and Secretary of , a corporation, on behalf of said corporation, who are personally known to me or have produced as identification, and who did {did not) take an oath. (type of tdentilicatfon) hiy Commission Expires: I'rotary Public, Signature Arint Name .._ LEGAL DESCRIPTION BEING A PORTION OF THE TRANSFER STATION PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 51 AT PAGE I13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND 3/a" IRON ROD AND CAP tILLEGIBLEI MARKING THE NORTHWEST CORNER OF SAID TRANSFER STATION PLAT, SAID CORNER ALSO BEING THE NORTHWEST CORNER OF LOT 28, BLOCK 7, WEST EL BE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15 AT PAGE 22 OF SAID PUBLIC RECORDS; THENCE RUN ON AN ASSUMED BEARING OF NORTH 89°56'12" EAST ALONG THE NORTH LINE OF 5AID TRANSFER STATION PLAT, A DISTANCE OF 650.18 FEET TO THE POINT OF BEGINNING OF A DESCRIBED CENTERLINE FOR A i0 FOOT WIDE UTILITY EASEMENT; THENCE SOUTH 21°16'32" EAST, A DISTANCE OF 79.30 FEET TO A POINT; THENCE SOUTH 09°01'29" EAST, A DISTANCE OF 45.00 FEET~TQ A POINT; THENCE SOUTH 16°53'27" WEST, A DISTANCE OF 82.78 FEET TO A POINT; THENCE SOUTH 01°28'06" WEST, A DISTANCE OF 63.93 FEET TO THE POINT OF TERMINUS OF SAID DESCRIBED CENTERLINE. THE SIDELINES AT THE BEGINNING OF THE DESCRIBED CENTERLINE FOR THE IO FOOT WIDE UTILITY EASEMENT ARE EITHER SHORTEN OR LENGTHEN TO INTERSECT THE NORTH LINE OF SAID TRANSFER STATION PLAT. THE SIDELINES AT THE TERMINUS OF THE DESCRIBED CENTERLINE FOR THE 10 FOOT WIDE UTILITY EASEMENT ARE PERPENDICULAR TO THE CENTERLINI~. CONTAINING 2,710 SQUARE FEET, MORE OR LESS. LEGEND= OCTOBER 18, 2010 8 AND ~ CENTERLINE DATE OF ORIGINAL SIGNATURE coR. coRNER FD. Fo>,IND F.E.C. FLORIDA EAST COAST L8 LICENSED BUSINESS N /A NOT AI'PL I CABLE N0. NUMBER {P) PLAT P.B., PG. PLAT BOOK, PAGE ~'"~ P.O.B. POINT OF BEGINNING ~~' P.O.C. POINT OF COMMENCEMENT THUY A. RUONG P.O.T. POINT OF TERMINUS PROFESSIOt~iAL SURVEYOR & MAPPER R/W RIGHT OF WAY CERTIFICATE N0. 5868 5Q.FT, SOU ARE FEET U.E. UTILITY EASEMENT NOT A SURVEY NOT VAi.ID UNL ESS ACCOMPANIED BY SKETCH OF DESCRIPTION {SH EET 2 OF 21 Q LATEST DATE SHO1~N HEREON N/A ' LEGAL DESCRff TION AND 5KETCR FOR, pCT 2p10 CALE. MARA, I NC • GREENHORNS Ss O oarE~ ~SIGNEU 9Y. 3223 COMMERCE PLACE SUITE I DO FLORIDA PQWER 8 LIGHT CQMPANY SCT.621 O.FAL pRpxING NO.. TRl1DNG WEST PALM BEACH. FL 33407 sawn r, ( 561) b$6-7707 ' 1 QF 2 ___--TRUONG LB 3935 I p UTILITY EAST=M£NT curer. ~ ,~~ L~ a c~ SKETCH OF DESCRIPTION P~ Oa C~ N. w. COR. P. B. 51 , PG. I 1 3 = N. W. COR. LOT 28, BLOCK 7 P.B.15, PG.22 FD. 3 /8 "IRON ROD 8~ CAP (ILLEGIBLE) M F x r U o r ~ 1 r E~A5 T BLOCK 7 WEST EL BE ~f Pa B~ ! 5, PG. 22 ,` N N $9°56'12" E 741.82'(P) L:r z w w Z ~ W S s- Q ~ ~. ~ ~- u_ . o to ~ N $9°56' 12 " E ~ ~ (BASIS OF BEARING) ~~ ~~ ~, ~ ~ 10'UTILITY EASEMENT ~~ ~, 79°30' ~ ~ ~1' ~. ~, PROPOSED 10'UTILITY EASEMENT (2,710 SO.FT.) ~ t ~ M ~ i ;~ S S y 1 ~ 1 ~ 1 ~ 1 } 1 ~ / r TRANSFER STATION PEAT i PaB.51, PGeI(3 ;'r' r r r i 09°01'29" E 45.00' ~ r S 16°53'27" W r r 82.78' r ' r r ~ r r r r r r I ! i j II I I I I I ~ Pa 0. To I s 01°28'06" w ~ IO'UTILITY EASEMENT i~~ 63.93' f I f ~ 1 r- r t ~ t ~ t ° ~ -' ~~ o . ~ [~ F-, t• ~ Q ~ ~ t j o U I t z W 1 ~. . t ,~ Lam. 1 ~ i ~ f ~ NOT A SURVEY NOT VALID UNLESS ACCOMPANIED 8Y LEGAL DESCRIPTION (SHEET I OF 2l ~ I.kTEST DATE SHORN IiEREON EEGAE DESCRIPTION AND SKETCFf FORS DCT 2DID CALF. 1 "'4G' r GREENHORNS & 0 MARA, I NC. oaiE. ESIGNEn er. 3223 COMMERCE PLACE, 5UlTE 100 FLORIDA POWER a L1GHT COMPANY 5CT.62IO.FPL 7RUONG WEST PALM BEACH. FL 334D7 oRaH1Ne xo.. Rn ~ f56I) 686-77D7 ID' UTILITY EASEMENT 2 OF 2 TRDDNG LB 3935 51iEEi. tiEEISE~ Y. ilrwru 10/18/2070 !0:19:34 AN J:~SURVEY~SWA~SCTS AEfRAY~t&S~IXi!fV&s~c1sJ0'fpol_esmf-0SN F 0$°01'44";E 0.73'(PIt r ,~: ~ LINTON BL~1D. i~ i _ , : . Y ,~ ~~ i O J ~ ~ Alin +d. k.' w r- ~~<. ~. .III N .-~ .-~ i ~ I i+ ~~ Iii i V;. . 1 ~ i g,I .. b d i „i h ~. :. ,. ...,,, rj ~ rd' ~ H. ~<: 0 ~ ~ ,o: . !'' ti vr, ,; i~ „, ~ > z o .~ ~ := 0 :;i Q ~ IY ~ a ~ ~ o Q ?: , i ~ a? 0 _ ~~ ~ ~ ~ 'r- ~~ _ rn sr ~ ~~~. ~~w~r !., uu _ r;l ' LU 3 ~ ii ;, Q ~ ~ ~ ii'„b- - ao _ Q m J ~~ i~l > , . Q ill t ~~ ~, ~ , MILLER PARK ~, u~~ ~ ~~~ ,y„ ;, ~ ~~~ ~I . ~ I ~~~ .., _ J Q ~ m`--. o. i ~~' , ~. ~~ Y I~ ~' I, h m ~:,. ~~ F ~ N o ~ I I ;Ij~llf ups 1 C O _ O ;n ~ ~ ~~p', wu ~~. i '....u. I'„ ~ I i ~~, " `' " ' , II ~ C O T C ~ Illlliiulllli~ ~ i ^, y 7 O :J ~ Ilw !" ~ ' ... .- ~ ; i ,, % °1 ~ IIII :J Q i ~~ ~ ~~~~. ..,~. rn ~ CITY of DELRAY BEACH ®d ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP DATE:11/12/2010 Slid Waste Authority South County Transfer Station TAC ID#469 j ®0~ 434 souni swrrrori AVB~UE. DBJiAY BEACH, Ror~A 33444 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko, Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: November 4, 2010 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/IMPERIAL ELECTRICAL, INC./EECBG - POMPEY PARK SPORTS LIGHTING UPGRADE P/N 2010-090 ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1, Final) in the net deduct amount of ($20,000.00) and final payment amount of $14,625.50 to Imperial Electrical, Inc. for the completion of the EECBG Pompey Park Sports Lighting Upgrade Project #2010-090. BACKGROUND The scope of the work consisted of upgrading lighting fixtures with energy efficient fixtures at three (3) baseball fields, two (2) basketball courts, and two (2) tennis courts. The City received a grant, from the Department of Energy (DOE) under the Energy Efficiency and Conservation Block Grant (EECBG) Program, for this project. Change Order No 1 includes 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 #667527 to funding account 101-6352-519-46.94 (ARRA Economic Stimulus Fund/74 Energy Efficient Green Lights). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1, Final) in the net deduct amount of ($20,000.00) and final payment amount of $14,625.50 to Imperial Electrical, Inc. for the completion of the EECBG Pompey Park Sports Lighting Upgrade Project. CITY OF DIJLRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1/I+inal (Contract Closeout) PROJECT NO. 2010-490 DATE: PROJECT TITLE: EECBG -Pompey Parlr Sports Lighting Upgrade (Pompey Lighting Imp) TO CONTRACTOR: Imperial ElectrlcaI, Inc. YOU ARE HEREBY REQUESTED TO iVIAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT ~ 312,510.04 COST Op' CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER ~ 312,514.44 COST OF CONSTRUCTION CHANGES THIS ORDER ~ (20,440.00) ADJUSTED CONTRACT AMOUNT INCLUDING TH1S CHANGE ORDER $ 292,510.04 PERCENT DECREASE THIS CHANGE ORDER -6.39% TOTAL PERCENT DEGREASE TO DATE -6.39% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Imperiai >Jlectrical, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is avaifable from accounl: NIA DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental Services By: Mayor ATTEST: By: City Clerk APPROVED: City Attor•>iey S:tEngAdnun~Projects120101201 R990`~OFFICIAL'~CO 1 Final Imperial Electrical EECBG Pompey Lighting GC 1 [ I610.docx scxEDULE ~~~~~ TO CHANGE ORDER NO. 11 FINAL (CONTRACT CLOSEOUT) IMPERIAL ELECTRICAL, INC. I;ECBG- POt~'IPE'Y LIGHTING It~IPROVEi1'IEi~fTS PIN 20I0-090 CONTRACT AWARD CONTRACT TO DATE ITEl41 DESCRIPTION UNIT ND EST. ACTUAL EXTENDED QUANT ADJ. QTY. UNIT PRICE TOTAL QTY. UNIT PRICE TOTAL PRICE + t - Base Bid - Tn replace and upgrade existing sport lighting fixtures with 1 energy efficient fixtures at three (3) L S. 1 5234,500.00 $ 234 540.40 1 5 234,SDOAD $ 234,SOD.00 $ - Basehall Fields and a set of two (2) , Basketball Courts, vrith "smart light" management system 2 General Allowance I..S. 1 $20,4DD.D0 $ 20,000.00 D $ 24 000.00 $ $ 20 OOD.00 3 Indemnification I..S. 1 $iD.DD $ 14.DD 1 $ 10A4 $ 10.DD $ Add Alternate Bid Item - To replace and upgrade existing sport lighting 4 fixtures with energy efficient fucturos L.S. 1 $58,000.40 $ 58,040.00 1 $ 68,400.00 $ 68,OOD.40 $ - aiset of two (2) Tennis Courts, with "smart light" management system TOTAL ORIGINAL CONTRACT AWARD $372,570.00 $292,570.00 $ {20,000.00) Original Contract Award $3'12,510.00 Previously Approved Changes $0.00 Total AwardlApproved to Date $312,570.00 Final Contract to Dafe $292,590.00 CHANGE ORDER NO. 7 !FINAL $ (20,000.00} Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: November 9, 2010 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 SERVICE AUTHORIZATION N0.07-03/WANTMAN GROUP, INC./S.W. 2ND STREET BEAUTIFICATION ITEM BEFORE COMMISSION Request for Commission approval and authorization for the Mayor to execute service authorization #07- 03 with Wantman Group, Inc. for additional design services for SW 2nd St. Beautification Project #2010-039. The cost of this Service Authorization is $18,568.00. BACKGROUND This project is in coordination with the Community Redevelopment Agency and is part of the Southwest Area Neighborhood Redevelopment Plan. The purpose of this additional design service authorization is for the design of a roundabout at SW 1st Street and SW 9th Avenue and drainage improvements on SW 2nd Street. The scope includes design of a roundabout, sidewalks, drainage, landscaping at the roundabout, signage, irrigation, and survey. Wantman Group, Inc. was asked to provide an additional service authorization to design an additional roundabout and drainage in connection wiht the roadway improvements on SW 2nd Street from I-95 to Swinton Avenue. FUNDING SOURCE The funding for design will be provided in accordance with the interlocal agreement with the Community Redevelopment Agency and from the Stormwater Utility Fund. The funding source is as follows: #334-3162-541-65.95 $14,468.00 #448-5461-538.65-95 $4,100.00 RECOMMENDATION Approval DRAFT CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 07-03 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: SW 1st Street & SW 9t'' Avenue Intersection Improvements and drainage improvements located on SW 2°d Street between SW 2°d Avenue and S. Swinton Avenue. These services will be performed concurrently with Service Authorization No.07-02, SW 2°d Street Improvements. Title: Agreement for General Consulting Engineering Services I. PROJECT DESCRIPTION Engineering, Survey, Utility Coordination, Landscaping, Irrigation, and Bidding Services for street improvements at the intersection of SW 1st Street and SW 9t'' Ave. consisting of sidewalks, drainage, roundabout (1), swales, landscape islands at the roundabout, signage, irrigation and landscaping. Drainage improvements located on SW 2°d Street between SW 2°d Avenue and S. Swinton Avenue. These services will be performed concurrently with Service Authorization No.07-02, SW 2°d Street Improvements. II. SCOPE OF SERVICES Phase I- Study and Report Phase Not Applicable. Phase II - Preliminarv Design Phase Not Applicable. Phase III - Final Design Phase WGI shall provide final design services in accordance with Article III.C of the Agreement for Engineering Services with the City, dated May 30, 2007 and executed on July 5t'', 2007. 1. Field reconnaissance of the proposed project limits shall be performed. Photograph log walk-through will be included. Tn addition, potential underground and above ground existing utilities will be identified. 2. Coordination with utility agencies shall be performed to collect record information. This subtask includes reconciling apparent discrepancies between record information and existing photographic and field--verification information. 3. Coordination with FPI, for relocation of the power poles. WGI shall also provide k'PL with two (2) copies of design drawings at 300, 60% & 1000 stages of the project. 4. WGT shall prepare construction drawings which shall include: cover sheet, general notes, civil plan drawings (na profiles), roadway sections, signing and marking plan, planting plan details and specifications and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The irrigation design, details and specifications will include the roundabout and adjacent swales only. The drawing scale shall be 1" = 20'for plan and 1" - 2' for profile. WGT shall prepare the engineering design elements on topographic survey information prepared by WGI's surveyor using AutoCAD Release 2009 format. Drawings (four copies] shall be submitted for City review at 30%, 60o, 90o and 100% stages. 5. Contract documents consisting of "front-and" documents and technical specifications shall conform to City of Delray Beach Standards and the FDOT Standard Specifications for road and bridge work. Specifications (four copies) shall be submitted for City review at 30%, 600, 90a and 100a stages. The City front-ends will not be included until. the 60o design stage. 6. At the 300, 60%, 90o and 1000 stages, WGI shall prepare a detailed opinion of probable construction cost based upon the design level of the drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. 7. WGI shall provide internal QA/QC reviews on the 30%, 600, 900 and 100a Design Documents (e.g. drawings, specifications and cost estimates. Note: the irrigation QA/QC review will be Wantman Group, Inc. ,- started at the completion of the fi0o planting QA/QC review phase. 8. WGI shall furnish with the 100% design drawings, one (1) mylar set and one (1) set of AutoCAD (Version 2009 or lower version) files in electronic format (*.DWG & *.DWF) on CD. Specifications shall be provided in electronic (PDF & WORD) format. Phase IV --- Bidding/Negotiation Phase 1. Not Applicable Phase V - Construction Administration Phase Upon completion of the final design phase, GJGI shall submit an Addendum to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III-B of the Agreement with the City (if requested by the City). Other - Permitti Not Applicable Other - Utility Locate Services Locate eight ($) utility mains within the limits of the proposed drainage improvements located between the intersections of SW 2"d Street and Swinton Avenue and SW 2"d Street and SW 2"d Avenue. TTI. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus ~'eirc~bursab~.e expenses for each phase of work i.n accordance with Article VTT, Method II, up to the following not- to-exceed cost for each phase. Engineering Services Phase I - Not Applicable Phase II - Nat Applicable Estimated Fees 0.00 0.00 Phase III -Design Phase (Hourly)-300,60%, 90% &1000 11,332.00 Phase TV -- Bidding/Negotiations Phase Not Applicable 0.00 Wantmatl Group, Z~~c, Other Services - Permitting-Not Applicable €7.00 Other Services - Survey/Utility Locates 4,100.00 Landscaping & Irrigation-{SW 9th Ave. and SW 15~ St.} 2,800.00 Reimbursables - {Lump Sum) 336.00 Total Compensation $1.8,568.00 IV. COMPI,~TION SATE Note: These Authorization weeks •to the authorization. services will be performed concurrently with Service No.07-02, SW 2"d Street Improvements. Add 3 additional schedule for the services included' in this service Engineering Services Phases I Phase II Phase III Phase TV Time per Phase Cumulative Time --------Not Applicable-----------~-~- ----------Not Applicable----------- 23 weeks 23 Weeks 12 weeks 35 weeks Note: Other services - Bidding will performed under the original contract scope and fee. No additional fee for these services under bidding. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. Tf the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The WGI may commence work on any Wantman Group, Ine. _ ~ Fngnx' 3d5~m~i70 &r:ivnrenMl4 PfarmiKj service authorization approved by the City to be included as part of the contract without a farther notice to proceed. Approved by: CITY OF ©ELF2AY BEAC~I: Date Mayor Attest: Approved as to Legai Sufficiency and Form WGI: Wantman Group, Inc. Bate by: (Seal) Witness Witness BEFORE ME, the foregoing instrument, this day of , 2010, was acknowledged by an behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State a foresaid this day of 2(310. Notary Public State of Florida My Commission Expires -5- Wantman Group, Inc. 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I E ~ ~~ I I ~ 3 mss. I 8 [[]] I ' ~' ~ I .a~sY I °'w o ~~~~ I I ',~ va a ^,~~,'~ I I ,ra ,' VI 3 n ~° MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, PE Richard C. Hasko, PE THROUGH: David T. Harden, City Manager DATE: November 9, 2010 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 CONSULTING SERVICES AUTHORIZATION/PBS & J, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve/authorize the Mayor to execute a Consultant Agreement with PBS&J, Inc. for the construction administration services of the Atlantic Avenue Gateway Feature located on Atlantic Avenue between I-95 and NW/SW 12th Avenue. The cost for these construction administration services is $49,805.00 BACKGROUND A major theme of the Downtown Plan is the unification of East and West Atlantic Avenue into a seamless downtown. An important component of that theme is the creation of an attention-grabbing entry or "Gateway" feature at West Atlantic Avenue and I-95 that would signify to visitors that they had arrived at someplace special: Downtown Delray Beach. Landscape architects and engineers from the firm of PBS&J, along with textile artist Michelle Newman, held public workshops and collaborated with a focus group to create an entrance feature that will be representative of the unique character and history of the city. The design concept consists of special crosswalks, landscaped berms, trellises, and a series of six (6) columns with artistic designs representing Delray's cultural heritage. The purpose of this agreement is to provide construction administration services to oversee and inspect the artistic and structural components of the project that the City does not have the expertise to administer. The overall cost estimate for construction is $1,220,000.00 and is funded by the Community Redevelopment Agency (CRA) in conjunction with FDOT award of the Keep Palm Beach County Beautiful Grant in the amount of $199,760 for landscaping. FUNDING SOURCE Funding will be provided the by CRA from account # 334-3162-541-68-09. RECOMMENDATION Approval CITY OIs' DELRAY BEACH CONSULTING ,SERVICE AUTHORIGATION CONSTRUCTION ADNIINiST1tATION I. PRO.IECT DESCRIPTION 'I'ltis Service atltborization pt'ovides far coustrttctian administl•ative services Eluring Ilse estimated six (b} It~ottth construction time fi•atne. Tire scope of the pt•oject incl€Ides: ~ Six (b) Vertical Icon I:lelttenls ^ "1'~vo (2) Decorative Trellis Strltettares ^ T~vo (2) Decorative Renee Elements ^ LanElscape and irrigaliott ^ Earth~vorls II. SCOPE OF SERVICES 1'ltase I - StrrEly anEl Retract Pltase Nat Applicable Phase II - Prelitttinttt~y Design Pltt-se Not Applicable Phase III - Tittal Desipu Plt~se Not Applicable Phase IV - I3iclditt and Ne otiatlott Phase I. Consultant shall attend one (1 } mandatory pre-bid confel•ence attd provide a ~vriltett summat•y of issues disettssed 2. COIlSltltat3t Sllall 1SSLle addenda atlEl Shall pt'OV1de Slll)I)lemeittal lltf017ttatlOll Ot' clarilicatiott, as al}propriate, to itrterpt•et, clarifies, ot• expands the bidding docu-nettts to all prospective bidders Eltrring the bid period. Phase V - Constrtrctiou Aduiittistrafirre 1'Itase PRE-CONSTRUCTION MEETINGS PBS&J wilt afford one {1) pre- bid meeting and one {1}pre-construction meeting rvitlt the City and Contractor to review the scope of work, sequencing and project ad~trinish•ation requirements anci ln•ovide a rvt•itten sunztt~ary of issues discussed. DELIVERABLES: I} Writtur stunmaty of issues discussed. 2. STRUCTURAL REVIEWS PBS~iJ will perfot'irt four {~1} site visits during the construction of the Vertica! Icon Elements and Decorative Metal Trellis Structures to revierrr the construction of footings, placement of reinforcement, anchor bolts and attacltnre-tts and for compliance with app~•oved ettgiitee~•ing plaits. PT3S&J will review all shop drawings and provide comments related to these elettrents for eontplia~rce with applicable codes and safety requirements. Shop drawings requiring re-st~bnrittal will be reviewed by PBS&J and additional comments provided as necessary. DELIVERAI3LI:S: 2j O~te report per site visit detailing tinclitrgs and observations. 3) Comments otr shop drawing subtnittals. 3. EARTHWORK PBS&.T will perfo~•nt Three {3} site visits during the construction of the earHten berms associated rvitlt the Vertical Icon Elements. PBS~.J mill provide aesthetic guidance to the contractor duri~tg construction of the berEtrs in order to achieve the desired design intent. DELIVERABLES: 1} One report per site visit detailing findings and observations. 4. VERTICAL ICON ELEIbIENTS PBS&J will perform three {3~ site visits during the layout of the Vertical Icon Elements. The purpose of these visits is to assist in the proper lalacement anci location of the Eletrteuts to achieve the desired design intuit. PBS&J will review all shop dt'awittgs and mate~•ial sub~rrittals E•elated to the aesthetics and electrical portions aftlte I;lurrents including review of matu•ial samples, graphics anci finishes. Shop drawings requiring re- subnrittal will be revierrTeci by PBS&J anci additional co-trttrents provided as necessity. PBS&J will visit fabricators shop to review Icon panels prior to delivery. DI:LIVI;RABLI;S: I) Otte report per site visit detailing Cnclitigs anti abservations. 2) Conunents on shop ch•a~vings and subtittals. DECORATNE TRELLIS STRUCTURES PBS&J mill l}erform si1(b} site visits during the layoitt of the Decorative Trellis Suite! ores. Tlie purpose of these visits is la assist in the proper placeiiient and location of the Elements to achieve the desired design intent. PISS&J will review all shop drawings and material sttbtnittals related to tlje Elements including review of material samples, graphics and finishes. Shop dra~viugs requiting re-siabmitta! will be reviewed by P13S&J and acklitional comments provided as necessa~•y. DELIVERABLES: 1) One report per site visit detailing findings at~d observatians. 2) Comments on strop drawings and sitbn~ittals. 6. DECORATIVE FENCE ELEMENTS PBS&J will perform ten (10) site visits during the layout of the Decorative Fence Structuees. The purpose of these visits is to assist in the prober placement and location of the Clements to ael~ieve the desired tlesign intent. PBS&J lvili review shop drawings and material subti~ittals related to the aesthetics of the Clements including review of material samples and fiiiisiies. Strop drawings requiring re-submittal will be reviewed by PBSLCJ and aclditiotial coti~ments provided as necessary. DELIVERABLES: l } One report per site visit detailing findings and observations. 2) Comtiients an shop dtawi-igs and submittals. 7. LANDSCAAC AND IRRIGATION PT3S&J will perfor•tn three (3} site visits during the layout and installation of the landscape and iri-igatioti systeizi. PBS&J will review the layout of the plant material with the coutraetoe prior to installation and will review plant material proposed for installation by the contractor on-site for compliance with the specitieatiotis and aesthetic tlesign intent. P33S&J will review shop ch•a~vings arul material submittals associated with the plantings and irrigation equipment Shop drawings requiring re-submittal will be reviewed by PBS&J aiicl addltlonal COinillents pl'OVlded as t1eCeSSary. DELNERABLES: 1} One report per site visit detailing finclitigs and observations. 2} Comments an shop clra~vings and sirbmitEals. PROJECT CLOSEOUT PBSRJ will perform walk-through inspectians with the cantractor and Client at the time of F final Completiatt and Final Acceptance as indicted in the contact documents. After each walk-through PBS&J will prepat•e a list of deficiencies that n~etst 6e corrected by the contractor prior to the Final Completion or Final Acceptance milestones. PBS&J will perform adciitianal walk-through inspections with the contractor and Client to cletertnit~e if the deficiencies noted previously have been carrected and to accept the project at Final Completion or Final Acceptatfce. DELTVERAI3T.,F'S: l} One report per site visit detailit7g tinditigs, deficiencies and observations. PERIODIC PAY APPLICA'T'IONS AND QUAN`TI`TY VERIFICATION PBS&J shall perfo-•m periodic field observations and measurements with representatives of the City, and Contt'aetor, as requested to verify qua~~tities of installed structural and electrical iten3s. City shall perform field observations and measurement to verify quantities of installed civil/raadw~ay items and appt•ove all pay requests submitted by the contt'aetar. ADDITIOI+IAL SERVICTS Services authorized by The Client, other than those specifically iisteci abave, slyall be eonsiclerecl additional services, and PBS~J small he eompet~sated as deseribecl in tl~e Sehech.~le of Hourly Rates. Additional services may include, but are not [invited to, the fallorving items: Preparing clacut~~ents for ant-of sequence services requested by The Client. 2. Providing services of professional consultants other than as is specifically provided for utrder this scope of services. 3. Preparing suppot•tittg data and other services in contrection with Site Plan Review if extensive studies and/or analysis are required beyond this scope of services. ~I. Providing bid documents, bid solicitation assistance, bicl review! ar cot3stcuction administration services other than as is specifieall~+ provided for under this scope of services. 5. Providing as-built s~u•veys ot• t•ecord dea~vit~gs. CLITNT'S RESYONSII3ILITII';S I. Designate, in ~vriting, a person to act as Tl)e Client's representative ~~~ith respect to the ~vorl~ to be perfarrned tinder tins Agreement. StECit person shall have complete autl)oritSr tQ traE151ll1t ilt5trlletlC)n5, receive itiforinat;ion, 1ntel'pret and define I)OllCleS grid CIeCES1011S. 2. Tlie Client shall pay all filing at)d approval or permit fees, aucl printing costs for apI)r•o~rals, perEttits, 6icl proposals, advertising, artd constrtEetion docttn)et)ts. III. COMPENSATION Fee Sutnmar}! Tasks Fees Totals 1.0 Pre-Cons#ruction Meetings 20 Structural Field Reviews 3.0 Earthwork 4.0 Vertical Icon Elements 5.0 Decorative Trellis Structures 6.0 Decorative Fence Structures 7.0 Landscape and Irrigation 8.0 Project Closeouf$ 9.0 f'ay Applications Estimated Normal Expenses' $2,320.00 $7,400.00 $4,745.00 $7,396.00 $6,336.00 $7,7fl0.fl0 $2,721.00 $6,786.00 $1,900.00 Subtotal $~k7,305.00 $2,50fl.00 Total~•~ $49,805.00 1Normal expenses include out-of-pocket expenditures such as copying, plans reproduction, and express mail. Approval/permit fees and reproduction of multiple permit and/or plan sets have not been included and, if required, shall be billed separately. ZPayment shall be made on hourly basis with a not to exceed plus expenses. Invoices shall~e submitted to the Client monthly and shall reflect amounts due based an hours billed for each task plus expenses. Rdditional services shall be negotiated on an hourly basis with a not to exceed amount. ~[ach task, including expe~~ses, has peen estimated and any overage/underage shall be applied to the remaining tasks with a maximum not-to-exceed total fee without Client auti3orization. O 6 Q O O 0 ° ° cU v o cri n ~ri m ~ a ~ o O ~ m vi o in ° vii v~ ~ M ~ n ~ ~ x ~^ w~ o n o °. 4 ° R ° o ° o q ° o o ° o a m o o ~ ~ :L v co 00 ~ N io ~ a m ~ cri m ~ v ~ ~ v v ~ ri ~ _~ 0 ~_~ A I~q~ ~ H W fah V '° v q®q whd ~ Q c v ~' -- =~ ~ chi q_ U o m 0 O 0 V ~, ~~~ _ _ o V ~ W o 00 0 N 0 N 'd _ L o ~A o N ~ ' ~° N o N o N ~es '_ a LO o N o N o E ° - ;~ o N o N _ ~. Oq o V 0 0 (V ;~ - }Fj ~ .U't. - - _ __ - .-- , _ I.. -~ ~ ~ m ~ _ :. - N ;Q W ~~ W cV :Y ~ N a N ~ "Ed9~ Q ~ ~ _ J P ~ _ ~~' -i3. '9 'n. q ~ ~ .. 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CY Q _ _ ~ JL 0. st _~ f i tL CY 6 ! ~ ii L~ Q E ~ CL i~ ~ EJ . _J L~ Q ~~~y/ I.L _~ V }~ ~VI •V! W /~ {6/ ;;'~11 i.~.l ~ ~ ro ~ ~ ~ ~ ro V N ~ P1o ~, CQ ~ ~ q Q P ~} 0 Q 0 4 0 P 0 P 0 P Q h J W t0 ~ O OQ1 ~ In M ~ o uP1 ~ 4f1 » ~ O Q O O 0 N M F- ~ ~ ~ ~ N ~ ~ CA o Q Q 4 4 n -n - a ;Q .~ ? P 1!1 e~ ~ W d ~ P p 'C o 'O _~ ° o o . co d _~ M 0 N W ~ ~ J ~ d d Q O fl 'U I O O 5 J r <£s to ta. "W. ~ ~ U FR: e} m N m A - N ~ ~ - P ~ ~ ~~ O 'U Q P o ~ ~ ~' - C V) e}} e d h ~ N ~ N J ~ e0 ~ ~ ~' C7 ~ ~ 4 a 4 ': A _ ~ ~ vi y J 4 d `CL - 'O o o o O n7] ~R I ~ ~ 1 _I MI V3 L U _U C O I I F ~ O ~~ -J~ ~ =-- 33 o Q O (1. LL ~ '. CV ~ M. N ~ 1 ~ ~ O ~ ~ F ~ ~ h 3 ~ j N O ~ 4. 7 }' ~ T Cl' ~ ~ ~ F O ~ ~ W u ~ Q .~ ~ a e m x o ~ ~ ~ x ~ ~ c . ~ ~ ro ~ E ~ N ~ m ~ C L -~ ~ N fFa lL t.t. p Q E7~, Ek CHEVRON ~~~ piE ~Q4 P` ~ ~ PT' n~~ PJ~~J~ G SNE~~ RINKER ~,` ~ ~`~pe MATERIALS GRESS VARE .,,.,, STOR- ~ ~~~ ALL CONDO DR. ANDRES WA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Y . . . . . . . . . . . . . . . . . . . . . N N N ~ D ~ w McEWEN ~ LUMBER a ~ SUBDIVISION z E i O 2 _ U ~m ~~ Ys a r ................. Of ~ ................. I 3 ................ ................. W H (~ P W Z w......... .~ ~~~1 L~1~J ~ W. ATLANTIC AVE. CI I I D D J ~ 0 ~ ° 0 ~ S. W. SOUTH COUNTY ADMINIS1RA1lVE ~J Q :.w. <m sr. AUBURN CIRCLE NOR iH N 3 U ~_ y~ ~ ~P AUBURN DR. ~ y U ~ K ~ 7 Ql Q] ~ ~ Q Q AUBURN CIR. 5. CITY of DELRAY BEACH ATLANTIC AVENUE GATEWAY FEATURE DATE: 10/10 g ENVIRONMENTAL SERVICES DEPARTMENT ~ ~ 6 LOCATION MAP 9 Q 434 SOUTH swINTON AVENUE, DELRAY BEACH, FLORIDA 33444 Project ~/ 2009-041 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: August 31, 2010 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 INTERLOCAL AGREEMENT/PALM BEACH COUNTY/PUBLIC ART ADMINISTRATION ITEM BEFORE COMMISSION This item is requesting Commission approval and authorization for the Mayor to execute an Interlocal Agreement with Palm Beach County for support in administering various aspects of public art within the City of Delray Beach. BACKGROUND During the June 2010 Public Art Advisory Board (PAAB) meeting staff was given direction to put together an agreement between the City and Palm Beach County that would enable the City to utilize the County's Art in Public Places Administrator. The scope of services to be included under this agreement include: facilitating Delray Beach's Art Master Plan update, scoping projects, writing "call to artists", assisting in artist selection, facilitating art fabrication and installation, and site selection for donated art. The PAAB strongly feels that this type of assistance will provide the technical public art expertise needed to implement and maintain acity-wide comprehensive public art program. RECOMMENDATION The Public Art Advisory Board recommends approval. AGREEMENT FOR PUBLIC ART CONSULTING SERVICES THIS AGREEMENT, made and entered into this day of 20 by and between the CITY of Delray Beach, Florida, hereinafter referred to as "CITY", and Palm Beach County, hereinafter referred to as "COUNTY". WITNESSETH: WHEREAS, the CITY represents that it is a Florida municipal corporation with the authority to engage the COUNTY and accept the obligation for payment for the services desired; and, WHEREAS, the CITY desires to engage the COUNTY to perform certain public art professional services pertinent to such work in accordance with this AGREEMENT and with certain service authorizations to be issued at the time of or subsequent to execution of this AGREEMENT; and WHEREAS, this AGREEMENT does not entitle the COUNTY to any fees for any particular project without first receiving a service authorization; and WHEREAS, the COUNTY desires to provide such professional services in accordance with this AGREEMENT and service authorizations. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: I. DEFINITIONS; GENERAL CONDITIONS A. THE SCOPE OF WORK is to be implemented in phases as set forth by this Agreement and by individual service authorization forms (hereinafter a "SERVICE AUTHORIZATION" or "SERVICE AUTHORIZATIONS"), a sample of which is attached hereto as Exhibit "A" and made a part hereof, and as also may be added as approved by the City from time to time. B. The services to be performed by the COUNTY, and time for completion of the particular phase of the work by COUNTY, shall be authorized by a SERVICE AUTHOR- IZATION. The SERVICE AUTHORIZATION shall include 1) the scope of work to be performed; 2) the cost for the services to be provided by the COUNTY (including an itemization of man-hours, wage rates, reimbursable expenses, and other related costs); 3) schedule for completion; 4) the name of PROJECT MANAGER; and 5) the overall budget for the art project. The SERVICE AUTHORIZATION shall be signed by the CITY and the COUNTY'S authorized representative. A CITY purchase order shall be issued with authorization identifying funds and amount of expenditures. The purchase order authorization is established in the CITY Code of Ordinances as the mechanism by which service authorizations are approved and contain provisions for expenditure levels of approval authorizations. The terms of this AGREEMENT supersede the terms stated on the purchase order. C. PHASES: A phased approach may be utilized. The CITY and the COUNTY shall have the right to negotiate the terms of each phase as contained within each SERVICE AUTHORIZATION, and to not proceed with a SERVICE AUTHORIZATION, if the parties cannot agree to the terms of the SERVICE AUTHORIZATION. This phased approach shall not waive the CITY's right to terminate the COUNTY contract during any phase of the project. D. PROJECT MANAGER: When referenced, the PROJECT MANAGER shall be Palm Beach County Art in Public Places Administrator who is currently Elayna Toby-Singer. If Ms Toby-Singer is no longer the Palm Beach County Art in Public Places Administrator, then written agreement between CITY and COUNTY shall be obtained prior to utilizing new PROJECT MANAGER. II. GENERAL DUTIES OF COUNTY A. The relationship of the COUNTY to the CITY will be that of a professional consultant, and the COUNTY will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical 2 standards. No employer/employee relationships shall be deemed to be established and the COUNTY, its agents, subcontractors, and employees shall be independent contractors at all times. B. The CITY has determined that the Art in Public Places Administrator of the COUNTY'S Facilities Development & Operations Department is qualified to perform the services set forth in this Agreement (the "PROJECT MANAGER") This PROJECT MANAGER will be subject to the continuous approval of the CITY. The PROJECT MANAGER shall manage and coordinate CITY projects and is authorized to act on behalf of the COUNTY on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. In the event that the PROJECT MANAGER is not satisfactory to the CITY, The CITY shall submit a request to the Director of the Facilities Development & Operations Department requesting the re-assignment of the PROJECT MANAGER. The PROJECT MANAGER is authorized to negotiate Service Authorizations and amendments on behalf of the COUNTY. Service Authorizations with a cumulative total of less than $200,000 on a single City art project may be executed by the Director of Facilities, Development & Operations on behalf of the COUNTY. C. The COUNTY shall, by the terms of this Agreement, be an authorized representative of the CITY, and may execute all or part of the responsibilities and authorities on behalf of the CITY as specifically set forth in this Agreement as may be specifically delineated in a Service Authorization. In such capacity, the COUNTY shall consult with the CITY prior to making decisions on all matters and the CITY and COUNTY shall jointly determine matters which are of a nature and magnitude that approval by the CITY must be obtained prior to authorizing action. The parties agree and acknowledge that the CITY shall provide adequate oversight during the term of this AGREEMENT and SERVICE AUTHORIZATIONS and that the CITY shall be the final decision maker as to any of the services performed by COUNTY in accordance with this AGREEMENT and SERVICE AUTHORIZATIONS. At a minimum, the COUNTY must consult with, and obtain the approval of the CITY with regard to the following matters: (i) payments to the Artist; (ii) changes to the Artists' Contract; and (iii) changes to the 3 Project Scope. Under no circumstances shall the COUNTY be obligated to fund and project costs or be financially responsible for the changes in scope D. Professional and Technical Services. It shall be the responsibility of the COUNTY to work with the CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplish- ment of the CITY'S objectives as set forth in SERVICE AUTHORIZATION, which will be made a part of this AGREEMENT upon execution by both parties. E. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS.F The CITY and COUNTY will work cooperatively to establish the overall budget for each SERVICE AUTHORIZATION, with the CITY retaining the final authority for budget approval. Increases or reductions to the overall budget of a project shall be approved by the appropriate CITY official and/or the Public Art Advisory Board (the "PAAB") and communicated to the COUNTY. Upon receipt of a revised overall budget, the COUNTY will determine whether an amendment to the applicable SERVICE AUTHORIZATION is required, and, if required, the parties will negotiate said change. G. The COUNTY shall be responsible for the professional quality, technical accuracy, timely completion, compliance with regulations and rules, and the coordination with all appropriate agencies of all specifications, reports and other services furnished by the COUNTY under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the COUNTY'S specifications, reports and other services, the COUNTY shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. H. Approval by the CITY of specifications, reports and incidental professional services or materials furnished hereunder shall not in any way relieve the COUNTY of responsibility for the technical adequacy of its work. The CITY'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. 4 I. The COUNTY and its sub-consultants shall have no responsibility for the discovery, presence, handling or removal or disposal of or exposure of persons to hazardous materials in any form existing prior to construction at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or any other toxic substances. J. The PROJECT MANAGER shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the City Commission or any City approval Board, where the project is discussed, unless the City's representative declares such attendance and participation is not necessary. In addition, the PROJECT MANAGER shall attend all additional meetings as may be required to facilitate the project. III. DUTIES OF COUNTY: (SAME title as II) If included in a Service Authorization issued by the CITY, COUNTY will perform the following duties. This list is not intended to be exhaustive and a Service Authorization may contain duties not listed but agreed to by the parties. A Service Authorization should contain all duties being assigned to the OOUNTY by may require the CITY to issue a Notice to Proceed to the COUNTY in order to commence with next phase. A. Scope Development Phase If the Scope Development Phase is authorized, the following requirements shall apply. 1. Scope Development Meeting with PAAB and User Group (s) . 2. Coordinate with CITY in the development of each SERVICE AUTHORIZATION, including, but not limited to, the overall public art project budget and the cost of services to be provided by the COUNTY. 3. Prepare the Call to Artists (Project Request for Qualifications or RFQ) and coordinate with CITY, PAAB and User Group(s). 5 B. Project Promotion Phase If the Project Promotion Phase is authorized, the following requirements will apply: 1. Prepare advertisement for public art projects. 2. Prepare press releases and information to be posted on web site(s) to help promote public art projects. 3. Coordinate all promotional material with City. C. Artist Selection Phase If the Artist Selection Phase is authorized, the following requirements shall apply: 1. Respond to all Artists questions related to the RFQ. 2. Review all submittals from Artists. 3. Prepare packages for PAAB members which include: submittals, scoring sheets and selection criteria for short listing Artists. 4. Coordinate between submittals and PAAB to ensure Artists attendance at short list selection meeting and facilitate the shortlist meeting and facilitate short list meeting. 5. Prepare minutes of short list meeting to be distributed to PAAB members. 6. Coordinate and attend meeting with Artists and user at site. 7. Facilitate final Artist selection meeting, notify selected Artist and prepare minutes of selection meeting. D. Contract Administration Phase If the Contract Administration Phase is authorized, the following requirements shall apply: 1. Work with selected Artist and the CITY in preparing all contract documents and exhibits to be included in the contract. 2. Obtain final approval of the CITY for Artist contract documents and exhibits. 6 3. Verify Artist's progress and approve all pay applications. 4. Prepare all final documentation needed to close out project, including all maintenance documents that need to be filed with the CITY. E. Design Phase If Design Phase is authorized, the following requirements shall apply: 1. Coordinate with Artist all aspects of design, engineering and permitting that are required. 2. Oversee design milestones and report to PAAB on progress of design. 3. Obtain required design and material approvals for Artist from PAAB and/or CITY. 4. Coordinate any required design meetings. F. Fabrication and Installation Phase If Fabrication and Installation Phase is authorized, the following requirements shall apply: 1. Verify all materials and workmanship of art piece. 2. Facilitate review and approval of all Artists structural engineering and construction documents with CITY and PAAB. 3. Coordinate the permit process between Artist and CITY. 4. Coordinate and oversee art installation. G. Ribbon Cutting Phase If Ribbon Cutting Phase is authorized, the following requirements shall apply: 1. Coordinate Ribbon Cutting event to ensure attendance by the Artist, CITY and PAAB, as well as inviting the public. 2. Attend event and provide news release on event. 7 H. Public Art Donation Phase If Public Art Donation Phase is authorized, the following requirements shall apply: 1. Develop policies and procedures for accepting art donations. Identify required exhibits to be included in agreement. 2. Work with Artist in execution of Public Art Donation agreement. 3. Review donation requests and work with CITY and PAAB to determine appropriateness of donation. 4. Work with stakeholders; CITY, PAAB, Donor and User to identify appropriate location for donated art piece. 5. Facilitate permits, etc. required to install donated art. I. Education Workshops for PAAB Phase If Education Workshops for PAAB Phase is authorized, the following requirements shall apply: 1. Provide examples of National Best Practices along with sample of Public Art Projects. 2. Provide details on the steps required in the Public Art process, from project scope to ribbon cutting. 3. Provide information on National Standards for developing Call to Artists (RFQ's). 4. Provide National Standards for Public Art contract components. 5. Provide information on Public Art maintenance. IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following: A. Other data and services to be agreed upon in SERVICE AUTHORIZATIONS. B. Pay for all legal advertisements incidental to obtaining RFQ's from Artists. 8 C. The CITY Manager or his designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT. The CITY Manager or his designee shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract. Said authority may include but is not limited to: transmit instructions, stop work, receive information, drafting and negotiation of contracts with selected Artists, interpret CITY'S policies and decisions with respect to materials, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. D. Pay all permit application filing fees. E. Provide access to CITY facilities. F. Coordinate with the COUNTY in establishing, and where necessary, amending, the overall budget for each SERVICE AUTHORIZATION. The CITY shall have final approval on the overall budget amount. V. TIME OF PERFORMANCE A. The COUNTY will begin work promptly after issuance of a Notice to Proceed. B. The COUNTY'S services called for under the AGREEMENT shall be completed in accordance with the schedule and completion date contained in each SERVICE AUTHOR- IZATION. If the COUNTY'S services are unreasonably delayed by the CITY in excess of 180 days, the time of performance and compensation shall be renego- tiated, provided; however, the COUNTY as a condition precedent to renegotiations shall notify the City within fifteen (15) calendar days at the end of the delay of COUNTY proposed additional costs incurred by reason of said delay. VI. AGREEMENT PERIOD The term for this Agreement shall be for one (1) year from the date of execution by the CITY. The Agreement may be renewed for five one (1) year terms if agreeable to both 9 CITY and COUNTY. In the event a SERVICE AUTHORIZATION is still outstanding upon the expiration of the initial term or a renewal term, this AGREEMENT shall continue until such time as all outstanding SERVICE AUTHORIZATIONS, if any, that have been issued are completed. Each Service Authorization shall delineate a time for completion of the service to be rendered. VII. COMPENSATION A. The CITY will compensate the COUNTY for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated not to exceed budgeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses. 1. TIMES CHARGES/ NOT TO EXCEED BUDGETED AMOUNT Computation of Time Charges/Not to Exceed Amount. Within each SERVICE AUTHORIZATION, the COUNTY will submit a not to exceed budget cost to the CITY for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit B attached hereto. The CITY shall not be obligated to reimburse the COUNTY for costs incurred in excess of the not to exceed cost amount, unless ~a part of an original or amended Service Authorization is approved by CITY. Reimbursable expenses shall not be a part of the not to exceed amount and shall be reimbursed in accordance with Section VII.A.1.b. herein. a. The CITY agrees to pay the COUNTY compensa- tion for services rendered based upon the established hourly salary rates as shown in Exhibit B for services rendered on CITY. The schedule of hourly rates as set forth in Exhibit B is attached hereto and made a part hereof. b. In addition, the CITY shall pay for reim- bursable expenses invoiced at the actual cost of expenditures incurred by the COUNTY. The COUNTY will provide an estimate of reimbursable expenses for inclusion in the SERVICE AUTHORIZATION; 10 however, the CITY shall pay the actual cost of reimbursable expenses incurred by the COUNTY, whether the actual expenses exceed or are less than the estimated amount. (1) Actual expense of transportation and lodging in accordance with CITY policy in effect at the time of travel when traveling in connection with each SERVICE AUTHORIZATION (including mileage within Palm Beach County accrued during the performance of this AGREEMENT and any SERVICE AUTHORIZATIONS), express courier charges, and permit fees paid for securing approval of authorities having jurisdiction over the project. (2) Actual expense of reproductions, of Drawings and Specifications including duplicate sets of the completion of each SERVICE AUTHORIZATION for the CITY'S review and approval. (3) Actual expenses of testing, laboratory services, and field equipment. (4) Actual expense of overtime work requiring higher than regular rates, when authorized by the CITY. (5) Actual expense of Auto Travel at the established CITY rate per mile. The COUNTY will make every attempt to combine site visits with COUNTY trips. B. Total Compensation for all services shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION, without written amendment. 11 C. If the CITY determines that any price for services, however calculated provided by the COUNTY negotiated in connection with this AGREEMENT or any cost reimbursable under this AGREEMENT was increased by any significant sums because the COUNTY furnished incomplete or inaccurate costs or pricing data, then such price or cost shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. VIII.PAYMENT The CITY agrees that it will use its best effort to pay the COUNTY within thirty (30) calendar days from presentation of the COUNTY itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, subcontractual services, and reimbursable expenses as defined in Section VII. The COUNTY shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with those shown in Exhibit C, which is attached hereto and incorporated herein. The report shall be adequate in detail to describe work progress (o complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the COUNTY under the SERVICE AUTHORIZATION. IX. MISCELLANEOUS PROVISIONS A. Ownership Documents: All reproducible drawings and CADD disks in a format compatible with CITY'S Computer system shall be given to the CITY. Details, design calculations, and all other documents and plans that result from the COUNTY SERVICES under this AGREEMENT shall become and remain the property of the CITY, including copyright rights, whether the project is completed or not, and will be delivered to the CITY upon demand. COUNTY reserves the right to retain a copy of all such documents for record purposes. Where such documents are required to be filed with governmental agencies, the COUNTY will furnish copies to the CITY upon request. The contract work is represented by hard copy documenta- 12 tion; software is provided to the CITY for convenience only. B. C. Copies of Documents: The COUNTY shall prepare sufficient copies of all documents necessary to obtain approval through the City's processes, as well as other governmental authorities. The CITY acknowledges that the materials cited in Paragraph IX A. and other data provided in connection with this Agreement which are provided by the COUNTY are not intended for use in connection with any project other than the project for which such materials are prepared. Any use by the CITY of such materials in connection with a project other than that for which such materials were prepared without prior written consent and adaptation by the COUNTY shall be at the CITY'S sole risk, and the COUNTY shall have no responsibility or liability therefore. Insurance: Without waiving the right to sovereign immunity as provided by Florida Statute, Chapter 768.28, the COUNTY acknowledges to be self-insured for General Liability and Automobile Liability under Florida's sovereign immunity statute with monetary waiver limits of $100,000 Per Person and $200,000 Per Occurrence; or such limits that may change and be set forth by the legislature. The COUNTY acknowledges to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute, Chapter 440. When requested, the COUNTY agrees to provide a Certificate of Insurance evidencing self-insurance and/or sovereign immunity status, which the CITY agrees to recognize as acceptable for the above mentioned coverages. 13 D. Authority to Contract: The CITY represents that it is a Florida Municipal Corporation with the authority to engage the COUNTY for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHORIZATIONS. E. Assignment: The CITY and the COUNTY each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, neither the CITY nor the COUNTY will assign or transfer their interest in this AGREEMENT without the written consent of the other. F. Confidential Information: During all times that the COUNTY is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the COUNTY and all information developed or work products produced by the COUNTY during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. All such information and work product shall be protected by the COUNTY and shall not be revealed to other persons without the express written permission of the CITY, unless mandated by order of the court. G. Non-Exclusive Contract: The CITY reserves the right to award projects to other firms during the period of service of the COUNTY. The COUNTY agrees to cooperate with the CITY and other firms in accomplishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: 14 1. Sharing technical information developed under contract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. H. Notices: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties desig- nate the following as the respective places of giving of notice to wit: CITY of Delray Beach CITY MANAGER City of Delray Beach, Florida 100 NW 1st Avenue Delray Beach, Florida 33444 C"(~TTI~TTY DIRECTOR, FACILITIES 2633 Vista Parkway West Palm Beach, FL COUNTY ATTORNEY'S OF 301 North Olive Ave, West Palm Beach, Fl. DEVELOPMENT & OPERATIONS 33411-5603 FICE Suite 601 33401 I. INTENTIONALLY LEFT BLANK. J. Truth-In-Negotiation Certificate: Signature of this AGREEMENT by COUNTY shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current. The original contract price and any additions thereto shall be 15 adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. K. Records: Records of all expenses relative to each SERVICE AUTHORIZATION shall be kept on a generally recognized accounting basis and shall be available to the CITY or its authorized representative at mutually conve- nient times. L. Personnel: The COUNTY represents that it has or will secure, at its own expense, qualified personnel required in performing the services under this AGREEMENT. All work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for performing such services. The PROJECT MANAGER shall be approved by the CITY under each SERVICE AUTHORIZATION. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. M. Equal Opportunity Employment: COUNTY agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruit- ment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The COUNTY agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non-discrimination clause. This provision applies to all COUNTY subcontractors and it is the responsibility of COUNTY to ensure subcontractor's compliance. 16 N. Prohibition Against Contingent Fees: The COUNTY warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the COUNTY, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corpora- tion, individual or firm, other than a bona fide employee working solely for the COUNTY any fee, commission, percentage, gift, or any other considera- tion, contingent upon or resulting from the award or making of this AGREEMENT. 0. Termination: This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to the COUNTY. In the event the project described in any SERVICE AUTHORIZATION, or the services of the COUNTY called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the COUNTY shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The COUNTY agrees to provide all documents to the CITY (specifically those referenced in paragraph IX.A.) Further, prior to the COUNTY destruction of any of the above referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termination of this AGREEMENT, the COUNTY agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. P. Indemnification: COUNTY and CITY acknowledge the waiver of sovereign immunity for liability in tort contained in Florida 17 Statutes 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledge that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment. COUNTY and CITY agree to be responsible for all such claims and damages, to the extent and limits provided in Florida Statutes Section 768.28, arising from the actions of their respective employees. The parties acknowledge that the foregoing shall not constitute an agreement by either party to indemnify the other, nor a waiver of sovereign immunity, nor a waiver of any defense the parties may have under such statute, nor as consent to be sued by third parties. Q. Interest of the COUNTY: The COUNTY covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The COUNTY further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. R. Compliance with Laws: a. The COUNTY shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended from time to time, and that exist at the time of building permit issuance. b. For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the COUNTY shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each SERVICE AUTHORIZATIONS. S. Jurisdiction; Venue: 18 The COUNTY hereby covenants, consents and yields to the jurisdiction of the State Civil Courts of Palm Beach County, Florida. Any dispute between COUNTY and the CITY shall be governed by the laws of Florida with venue in Palm Beach County. T. Internal Dispute Between Owner and COUNTY: The City Manager shall be the final decision maker regarding internal disputes between CITY and COUNTY. U. Extent of Agreement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the COUNTY and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. This AGREEMENT does not entitle the COUNTY to receive any fee unless first being issued a Service Authorization. This AGREEMENT does not provide that a COUNTY is entitled to receive any Service Authorization. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the CITY Commission. This AGREEMENT applies only to those projects that are on the CITY'S Capital Improvement Plan (CIP), attached hereto as Exhibit ~~D". The CITY is not required to issue any Service Authorizations to COUNTY for any projects listed on the CIP. 19 IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its CITY Clerk, and the COUNTY has hereunto set its hand and Seal the day and year first written above. ATTEST: City Clerk Approved as to Form: CITY Attorney ATTEST: SHARON R. BOCK, CLERK AND COMPTROLLER By: Deputy Clerk (SEAL } APPROVED AS TO FORM AND TO LEGAL SUFFICIENCY By: County Attorney CITY OF DELRAY BEACH, FLORIDA By: MAYOR PALM BEACH COUNTY, BY ITS BOARD OF COUNTY COMMISSIONERS By: Chair APPROVED AS TO TERMS AND CONDITIONS By: 20 Director, Facilities Development & Operations EXHIBIT A (SAMPLE) CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION N0. FOR CONSULTING SERVICES CITY P.O. N0. CITY EXPENSE CODE TITLE: This Service Authorization, when executed, shall be incorporat- ed in and shall become an integral part of the Contract. Title. I. PROJECT DESCRIPTION II. SCOPE OF SERVICES III. BUDGET IV. COST OF COUNTY SERVICES A. HOURLY RATE x NUMBER OF HOURS = NOT TO EXCEED AMOUNT. B. ESTIMATED REIMBURSABLE EXPENSES. IV. COMPLETION DATE This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The COUNTY may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. 21 Approved by: CITY OF DELRAY BEACH: COUNTY: Date Date By: Mayor (Seal) Witness Witness Attest: Attest: BEFORE ME, the foregoing instrument, this day of 200 , Approved as to Legal was acknowledged by Sufficiency and Form on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of 200 . Notary Public State of Florida My Commission Expires: 22 EXHIBIT B COUNTY HOURLY RATE Position Art in Public Places Administrator Hourly Rate $65.00 23 EXHIBIT C SAMPLE -- INVOICE City of Delray Beach Project No. Date Purchase Order No. Client Ref. No. Task Order No. Invoice No. Description of services under Task Order # Period ending: Class Employee Name Rate Hours Amount Subtotal Labor $ Word Processing Auto Rental Postage/Freight Air Transportation Print/Reprographics Supplies Subtotal Expenses TOTAL AMOUNT DUE THIS INVOICE $ COST SUMMARY Contract Amount $ Amount Earned This Period $ Amount Previously Earned Amount Remaining $ 24 MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: November 10, 2010 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 INTERLOCAL AGREEMENT/PALM BEACH COUNTY/DROWNING PREVENTION COALITION'S (DPCI ITEM BEFORE COMMISSION Request approval to renew the Interlocal Agreement with Palm Beach County Drowning Prevention Coalition for payment of swimming lesson fees not to exceed $50.00 per class. BACKGROUND The County through its Drowning Prevention Coalition's ("DPC") Learn to Swim Program, distributes vouchers to the public which may be redeemed for swimming lessons at Pompey Park Pool and Delray Swim and Tennis Pool. This is the fifth year the City of Delray Beach has entered into an agreement with Palm Beach County to provide swimming lessons. RECOMMENDATION Parks and Recreation Department recommends approval of the Interlocal Agreement with Drowing Prevention Coalition's Learn to Swim Program for payment of swimming lesson fees not to exceed $50.00 per class. INTERLUCAL AGREEMENT FUR SWIMMING LESSONS This Agreement is made as of the ~ day of , 20____, by and between Palm Beach County, a Political Subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY, and the City of Delray Beach, a Flarida municipal corporation located in Palm Beach County, Florida.(hereinafterreferred to as "MUNICIPALITY"}. WHEREAS, COUNTY, through its Drowning Prevention Coalition's ("DPC") Learn to Swim Program, distributes vouchers to the public which may be redeemed far swimming lessons at designated aquatic facilities within Palm Beach County; and WHEREAS, the parties desire to enter into this Agreement for MUNICIPALITY to provide swimming lessons as part of the DPC Learn to Swim Program, and to define the parties' responsibilities relating thereto. WHEREAS, Section 163.01, Flarida Statutes, known as the "Florida Interlocal Coaperatron Aet of 1969," authorizes local governments to make the mast efficient use aftheir power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the COUNTY and the MUNICIPALITY agree as follows: ARTICLE 1 -SERVICES MUNICIPALITY shall offer and provide swimming lesson classes to individuals who present vouchers issued by the DPC Learn to Swim Program. Each class to be offered and provided shall consist of a series of at least six swimming lessons and shall be identified in Exhibit A, attached hereto and incorporated herein. Exhibit A shall set forth the name, type, swimming level, dates, location, minimum participation requirements, ifany, and MUNICIPALITY's usual and customary fee for each class. MUNICIPALITY shall not charge voucher holders for any swim class for which MUNICIPALITY's usual and customary fee is $50.00 ar less. If MUNICIPALITY's usual and customary fee for a swim class is more than $50.00, then the maximum fee that MUNICIPALITY may charge voucher holders for said class is its usual and customary fee minus $50.00. Said classes may be open to the public and are not restricted to voucher holders. The swimming lesson classes shall be provided at MUNICIPALITY"S aquatic facility. MUNICIPALITY agrees to provide and maintain its facility in a safe, clean and hygienic manner and in accordance with all safety and health standards and all other applicable laws and regulations. MUNICIPALITY agrees to provide and maintain in proper working order all equipment necessary to provide and maintain the services and facility as provided herein. MUNICIPALITY represents and 1 warrants that its aquatic facility is in compliance, and shall continue to be in compliance, with Section 514.031, Florida Statutes, all applicable rules and requirements of the State and County Health Departments, and all other applicable laws, rules and regulations. Prior to execution of this Agreement, MUNICIPALITY must provide to COUNTY copies of the facility's current operating permit and mast current inspection report, which must evidence a satisfactory inspection. MUNICIPALITY shall perform the services set forth herein in accordance with all applicable laws, rules and regulations, and in a competent, professional, safe and responsible manner with full regard far the safety of the participants. MUNICIPALITY agrees and warrants that all swimming instructors utilized by MUNICIPALITY to provide lessons hereunder shall be certified as required by Section 514.4X, Florida Statutes, and any other applicable laws, rules and regulations. MUNICIPALITY shall provide proof of such certifications to COUNTY'S representative upon request. MUNICIPALITY represents and warrants that it has in place, and shall continue to maintain, adrug-free workplace policy. ARTTCLE 2 -COMMENCEMENT AND TERM This Agreement shall commence on October 1, 2010 and shall remain in effect until September 34, 2011. ARTTCLE 3 -PAYMENTS TO MUNTCTPALTTY A. Far swimming classes provided by MUNICIPALITY in exchange far DPC Learn to Swim Program vouchers, COUNTY shall pay MUNICIPALITY its usual and customary fee per class as set forth in Exhibit A hereto, up to a maximum of $50.00 per class series provided to a voucher holder. As provided in Resolution No. R-2045-1906, the fatal payments to all swimming lesson providers utilized in the DPC Learn to Swim Program for each fiscal year shall not exceed the amount budgeted by COUNTY for this purpose for said fiscal year. B. MUNICIPALITY shall invoice COUNTY monthly based on the number of swimming lesson classes provided hereunder. Invoices shall include a list of the names and contact information of students to whom lessons were actually provided, the name, dates, and times of the classes provided, and any other documentation deemed necessary by COUNTY to verify that services have been rendered in conformity with this Agreement and any applicable DPC Learn to Swim Program criteria, policies and procedures. ARTTCLE 4 - TERMTNATTON The COUNTY may terminate this Agreement at any time upon written notice to the MUNICIPALITY with or without cause and without penalty, damages or recourse against COUNTY. MUNICIPALITY may terminate this Agreement upon thirty days {34) days' prior written notice to the COUNTY. 2 ARTICLE 5 -PERSONNEL The MUNICIPALITY represents thatrt has, or will secure at its awn expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the COUNTY. All of the services required hereunder shall be performed by the MUNICIPALITY or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized and permitted under state and local law to perform such services. The MUNICIPALITY warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the feld. ARTICLE 6 -SUBCONTRACTING MUNICIPALITY may not, without written approval of COUNTY, subcontract any rights, responsibilities or obligations under this Agreement. ARTICLE 7 -AVAILABILITY OF FUNDS The COUNTY'S performance under this Agreement for subsequent fiscal years is contingent upon annual appropriations for its purpose by the Board of County Commissioners and subject to the provisions of Palm Beach County Resolution Na. R-2005-1906. The MUNICIPALITY'S performance under this Agreement for subsequent fiscal years is contingent upon annual appropriations for its purpose by its governing body. ARTICLE S - INSURANCE Without waiving the right to sovereign immunity as provided by s.768.28 f. s., MUNICIPALITY acknowledges to be self insured for General Liability and Automobile Liability under Florida sovereign immunity statutes 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 MUNICIPALITY maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self-insurance under s.768.28 fs, MUNICIPALITY shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. MUNICIPALITY agrees to maintain or to beself-insured for Worker's Compensation & Employer's Liability insurance in accordance with Chapter 440, Florida Statutes. When requested, MUNICIPALITY shall agree to provide an affidavit or Certificate of Insurance 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 Agreement. ARTICLE 9 -INDEMNIFICATION Each party shall be liable far its own actions and negligence and, is the extent permitted by Iaw, COUNTY shall indemnify, defend and hold harmless MUNICIPALITY against any actions, claims or damages arising out of COUNTY'S negligence in connection with this Agreement, and MUNICIPALITY shall indemnify, defend and hold harmless COUNTY against any actions, claims, or damages arising out of MUNICIPALITY'S negligence in connection with this Agreement, The foregoing indemnification shall 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 by either parry to indemnify the other party far such other party's negligent, willful or intentional acts ar om~ss~ons. ARTICLE 1Q -SUCCESSORS AND ASSIGNS Neither party shall assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement to any other entity without the prior written consent of the other party. ARTICLE I I -REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Agreement wall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder ar now or hereafter existing at law or inequity, by statute ar otherwise. No single or partial exercise by any party of any right, power, ar remedy hereunder shall preclude any other or further exercise thereof. No provision of this Agreement is intended ta, or shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity not a party to this Agreement. ARTICLE 12 -CONFLICT OF INTEREST The MUNICIPALITY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided far in Chapter 112, Part III, Florida Statutes. The MUNICIPALITY further represents that no person having any such conflict of interest shall be employed for said performance of services. 4 The MUNICIPALITY shall promptly notify the COUNTY's representative, in writing, by certified mail, of all potential conflicts of interest of any prospective business association, interest or other circumstance which may influence or appear to influence the MUNICIPALITY 'S judgment or quality of services being provided hereunder, Such written notification shall identify the prospective business association, interest ar circumstance, the nature of wark that the MUNICIPALITY may undertake and request an opinion of the COUNTY as to whether the association, interest ar circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by the MUNICIPALITY, The COUNTY agrees to notify the MUNICIPALITY of its opinion by certifed mail within thirty (30} days afreceipt of notification by the MUNICIPALITY. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the MUNICIPALITY, the COUNTY shall sa state in the notification and the MUNICIPALITY shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the COUNTY by the MUNICIPALITY under the terms of this Agreement. ARTICLE 13 -EXCUSABLE DELAYS MUNICIPALITY shall not be considered in default by reason of any failure in perforrnance if such failure arises out of causes reasonably beyond the control of MUNICIPALITY ar its subcontractors and without their fault or negligence. Such causes include, but are not limited ta, acts of God, force majeure, natural or public health emergencies, labor disputes, freight embargoes, and abnormally severe and unusual weather conditions. Upon MUNICIPALITY' S request, the COUNTY shall consider the facts and extent ofany failure to perform the wark and, if the MUNICIPALITY 'S failure to perform was without its or its subcontractors fault or negligence, the Agreement schedule andlor any other affected provision of this Agreement shall be revised accordingly, subject to the COUNTY'S rights to change, terminate, ar stop any or all of the work at any time. ARTICLE 14 -ARREARS The MUNICIPALITY shall not pledge the COUNTY'S creditor make it a guarantor of payment ar surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. The MUNICIPALITY further warrants and represents that it has no obligation ar indebtedness that would impair its ability to fulf 11 the terms of this Agreement. ARTICLE IS -PUBLIC RECORDS The MUNICIPALITY shall comply with Florida's Public Records Law with regard to any documents or other records relating to this Agreement. 5 ARTICLE 15 -INDEPENDENT CONTRACTOR RELATIONSHIP The MUNICIPALITY is, and shall be, in the performance of all work services and activities under this Agreement, an Independent: Contractor, and not an employee, agent, ar servant of the COUNTY. All persons engaged in any of the work ar services performed pursuant to this Agreement shall at all times, and in all places, be subject to the MUNICIPALITY 'S sole direction, supervision, and control. The MUNICIPALITY shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the MUNICIPALITY'S relationship and the relationship of its employees to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY. The MUNICIPALITY does not have the power ar authority to bind the COUNTY in any promise, agreement or representation. ARTICLE 17 -CONTINGENT FEES The MUNICIPALITY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely far the MUNICIPALITY to solicit ar secure this Agreement and that it has not paid ar agreed to pay any person, company, corporation, 'individual, or firm, other than a bona fide employee working solely For the MUNICIPALITY, any fee, commission, percentage, gift , or any other consideration contingent upon ar resulting from the award or making of this Agreement. ARTICLE 18 -ACCESS AND AUDITS The MUNICIPALITY shall maintain adequate retards to justify all charges, expenses, and casts incurred in estimating and performing the work for at least three (3) years after completion or termination of this Agreement. The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection ar audit during normal business hours, at the MUNICIPALITY'S place of business. Palm Beach County has established the Office of the Inspector General in Ordinance 2009-049, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to 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 contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General ar interfering with or impeding any investigation shall be in violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 6 ARTICLE 19 - NONDISCRIMTNATTON The MUNICIPALITY warrants and represents that all of its employees are treated equally during employment without regard to race, valor, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression. ARTICLE 20 -AUTHORITY TO PRACTICE The MUNICIPALITY hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUNTY's representative upon request. ARTICLE 21 - SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, ar the application of such terms or provision, to persons or circumstances other than those as to which rt is held invalid ar unenforceable, shall rat be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTTCLE 22- PUBLIC ENTITY CRIMES As provided in F.S. 257.132-133, by entering into this Agreement or performing any work in furtherance hereof, the MUNICIPALITY certifies that it, its affiliates, suppliers, subcontractors and contractors 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. 2$7.133(3}(a). ARTTCLE 23 - SURVIVABILITY Any covenant, agreement, representation, warranty or other provision of this Agreement that is of a continuing nature ar which by its language or its nature imposes an obligation that extends beyond the term of this Agreement, including but not limited to representations relating to indemnification and the disclosure or ownership of documents, shall survive the expiration or early termination of this Agreement and the consummation of the transactions contemplated hereunder, ARTTCLE 24 -NOTICE All notices required in this Agreement shall be sent by cextified mail, return receipt requested, hand delivery ar other delivery service requiring signed acceptance. If sent to the COUNTY, natives shall be addressed to: 7 Palm Beach County Fire-Rescue 405 Pike Raad West Palm Beach, FL 33411-3815 Attn: Fire-Rescue Administrator If sent to the MUNICIPALITY, notices shall be addressed to: City of Delray Bead 50 NW 1 S` Ave Delray Beach, FL 33444 Attn: Alberta Gaurrz ARTICLE 25 -FILING A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 2b -ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the MUNICIPALITY agree that this Agreement sets Earth the entire agreement between the parties, and that there are no promises ar understandings other than Chase stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered unless agreed to in writing by both parties. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns and successors in interest. Remainder of this page left blank intentionally. s IN WITNESS WHEREOF, the Board of County Carnmissianers of Palm Beach County, Florida has made and executed this Agreement on behalf of the COUNTY, and MUNICIPALITY has hereunto set its hand the day and year above written. WITNESS Signature Name (type or Print) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By County Attorney ATTEST: By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Steven B. Jerauld, Fire-Rescue Administrator, through Robert Weisman, County Administrator APPROVED AS TO TERMS AND CONDITIONS BY. Palm Beach County Fire-Rescue CITY OF DELRAY BEACH, FLORIDA By: Nelson S. McDuffie, Mayor 9 EXHIBIT "A" 10 Aquatics Division 1161 NW 2nd Street Delray Beach Florida 33444 Phone (561) 243 - 7358 Fax (561} 243 - 7346 E-Mail salomon@mydelraybeach.com Qn the Web www. mydel raybeach.com .r~~*=. CTELRAY BEACH Packs ~ Recreation ~~ s -; 4 DELRAY BEACH s~ o a ~ n n All Amen Giiiy 1993 20D1 Exhzlait_ A To: Drowning Prevention Coalition of Palm Beach County From: Giovannina E. Salomon Aquatics Operations Supervisor Date: August 14, 2010 Details: 2010-11 Group Swim Lessons; Fees; Courses; Descriptions; Instructor I Student Ratio Locations: Delray Beach Aquatics Division Pompey Park Pool {PPJ at 1101 NW 2nd Street Delray Beach, FI 33444 Delray Swim Club {pSCj at 2350 Jaeger Drive Delray Beach, FI 33444 Fees: $3QOfl far Delray Beach Residents $35.00 for Non-Delray Beach Residents Swim lessons Instructed: Fall swim lessens held during fhe month of October Session l (101D511©- 10115110) and Session It (10119/1D - 10129110) Spring swim lessons held during the month of April Session l (41D511 1-411 511 1) and Session It (411 911 1-412 911 9} Summer lessons held in the months of June and July Session l (6107111 - 6/17111); Session II (6121111 _ 07104111); Session Ill (7/D5111 - 7115111) and Session IV (7119111 - 7129111) Course: Parent & Child Aquatics 3.3;30pm PP & D3C Developed for children 6 months to 5 years of age, American Red Crass Parent & Child Aquatics builds swimming readiness by emphasizing fun in the water. Paren#s and children participate in several guided practice sessions that help children learn elementary skills, including water entry, bubble blowing, front kicking, back float'sng, underwater exploration and more. Once children can perform basic skills without parental assistance, they may begin Learn-to-Swim courses. Course length I fee and Two weeks course; Tuesday -Friday fnr 112 hour instruction; Number Enrolled: One instructor 1 Ten students. Course: Level 1 1 D-10:3Dam 11 D:3D-9 4 am, 3:3D-~tprr~ ! 4-4:3Dpm PP &DSC {5yrs +) introduction to Water Skills: helps students feel comfortable in the water and to enjoy the water safely. Course length 1 fee and Two weeks cnurse; Tuesday -Friday for 112 hour instruction; Number Enrolled: One Instructor 1 Six Students. Course: Level II 4D-1D:3Dam 140:30-44am; 3:3D-4pm 14-4:3Dpm PP &DSC (5yrs +) 1=undamen#al Aquafic Skilts: gives students success with fundamental skills Course length 1 fee and Two weeks course; Tuesday -Friday fnr 112 hour instruction; Number Enrolled: One Insiruc#or 1 Six Students. Course: Level III 3:'15-4pm PP &DSC (5 yrs +) Stroke Development: builds on the skills in Level 2 by providing additional guided practice, Course length 1 fee and Twa weeks course; Tuesday -Friday for forty-five min. instruction; Number Enrolled: One Instructor 1 Six Students. Course: Young Adult 12:15-4pm PP ~ DSC (1D yrs - 17 yrs in age) Improves various swim skills from Level I, ll & 111 by providing additional guided practice. Course length I fee and Two weeks course; Tuesday -Friday fnr forty-five min. instruction; Number Enrolled: One instructor I Ten students. Course: Adult 4-4:45pm PP &DSC (98 yrs +) Improves various swim skills from Level 1, II & III by providing additional guided practice. Course length l fee and Twn weeks course; Tuesday -Friday for forty-five min. instruction; Number Enrolled: One instructor 1 Ten students. Swim lesson dat es and times rraay change clue to complications with the weather or staffing. Giovannina E. Salnman Aquatics Operations Supervisor MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: November 10, 2010 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 DISASTER RECOVERY INITIATIVE (DRI)/HOUSING REHABILITATION GRANT AWARD/CONTRACT AWARD ITEM BEFORE COMMISSION Approval is requested for one (1) Housing Rehabilitation grant to be awarded to the lowest responsive bidder. Funding for the project is through the Disaster Recovery Initiative (DRI)Housing Rehabilitation grant. BACKGROUND Approval is requested for one (1) Housing Rehabilitation grant to be awarded to the lowest responsive bidder for the following project: 619 SW 10th Street /Citywide Construction Services, Inc. / $26,820 = Total Rehab Cost: $29,015.58 Grant awards are based on the actual cost of the rehabilitation, as determined by the lowest responsive bidder(s), plus a 5% contingency. Included costs of rehab are lead-based paint inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees as applicable. 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 DRI Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities bring homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. FUNDING SOURCE Disaster Recovery Initiative 118-1960-554-49.19 RECOMMENDATION Staff recommends awarding one (1) Housing Rehabilitation grant award for $29,015.58 to be awarded to the lowest responsive bidder, Citywide Construction Services, Inc. in the amount of $29,015.58. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID #: APPLICANT: PROJECT ADDRESS: DATE OF BID LETTERS: DATE OF BID OPENING: 01-2011 NS Benito Ornelas 619 SW 10th Street October 8, 2010 November 5, 2010 GENERAL CONTRACTORS Abisset Corporation Built Solid Construction, LLC Citywide Construction Services, Inc. CJ Contracting, LLC Cordoba Construction Co., Inc. David Thyng LLC. Decon Enviormental & Engineering, Inc. East Coast Restoration, Inc. Gadsden Property Investment, Inc IQ Constructions, Inc. Jemstone Construction Group, Inc. MacDonald Construction Company of Palm Beach, Inc. Nutec Construction & Development, Inc. Ray Graeve & Sons Construction, LLC South Florida Construction Services, Inc. Starmark Properties, Inc. Sunband Builders Construction Inc. In-House Estimate: RECOMMENDED CONTRACTOR: BID/CONTRACT AMOUNT 5% Contingency or $1, 000, whichever is less Rehabilitation Cost Lead Inspection Lead Treatment Not applicable Termite Inspection Not applicable Termite Treatment Recording Fees (Paid by City/CDBG) Total Project Cost BID AMOUNT BID BOND 34,475.00 Yes 26,820.00 Yes 37,093.00 Yes 28,060.00 Yes 41,257.46 Yes Statement of No Bid 32,250.00 Yes 49,325.00 Yes Statement of No Bid 30.380.00 Yes $ 30,653.51 Citywide Construction Services, Inc. $ 26,820.00 1, 000.00 $ 27,820.00 325.00 781.38 89.20 $ 29,015.58 FUNDING SOURCE: Disaster Recovery Initiative Program Account # 118-1960-554-49.19 COMMENTS: Recommend awarding to lowest responsive bidder. Revised 11/5/10 SWL f/l Z O Obi N - N O m ~ YJP'YJ~S JO `SJ \ pv ~~7~ `~S o~i `s p~~ ~ JSVO ~y yj~o S ao~~o~ ~s ~ a,~SaoS °~ aPJ `~'~A j`~~v a O~ao~ ~ao~a~c oa~~~ ao~ aP {oPa9 .. p~~,` JS`O aOoP ~ jV~ (/a~~.~ a~aJ~ Z~s aao~s~ o~ a~ b S`O9o~ ~Sa 0 j °~ bad ~aa ?~a w~sa~ ao v `apS.pJ~Y P~ 0 (/p~~PV/ ~SPO oJSa J JSP~ 6~~ao~i /Pjaa a`~6a `JO~7 \°oa a~ 6a~y j~~ ~ ~p~~P jai ? V `PO~~~~ of 9opJO~~ o~i `s `o~~o ~/,~aS apM S`O~ ~ '~{~.~ 6a~~oP ~o ~~~ ~o~~o >~ ~ .0~ 7J~S`o S~/i~9 `o/~PJO \ dJ ~aSS~ oil 9b asp oti~ai O > O z Q 0 z w w r ~ Q ._ o ~ U 0 U a ~ C a ~ Y m ~ ~ ~ N U_ N ~ `o E a ~m m ~ z° `o E a ~m ~ o cn z MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: November 11, 2010 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 CDBG SUB-RECIPIENT AGREEMENT/URBAN LEAGUE OF PALM BEACH COUNTY, INC. ITEM BEFORE COMMISSION Approval is requested to execute an agreement for funding with the above-listed sub-recipient under the 2010-2011 Community Development Block Grant (CDBG) Program. BACKGROUND In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on August 3, 2010, to obtain public comment on the proposed budget for approval of the Community Development Block Grant Consolidated Action Plan for fiscal year 2010-2011. The Action Plan contains an appropriation for public service activity and was approved by the Commission. CDBG Program regulations, per 24 CFR 570.503, require written agreements prior to the disbursement of funds to sub recipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. These agreements have been developed in accordance with the stated regulations and have been reviewed and approved by the City Attorney for legal sufficiency and form. FUNDING SOURCE Community Development Block Grant 118-1966-554-83.01 RECOMMENDATION Staff recommends approval and execution of the attached agreement in order that funding may proceed in accordance with the Commission-approved Action Plan for fiscal year 2010-2011. FY 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and URBAN LEAGUE OF PALM BEACH COUNTY, INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and URBAN LEAGUE OF PALM BEACH COUNTY, INC., hereinafter referred to as "the SUBRECIPIENT," having its principal office at 1700 North Australian Avenue, West Palm Beach, Florida 33407. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Six Thousand Dollars and 00/100 ( 6 000.00). 3.2 The CITY will be billed by the SUBRECIPIENT and will disburse twelve (12) monthly payments in the amount of $500.00. Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance. 3.3 Prior to receipt of CDBG funds (through reimbursement), SUBRECIPIENT shall submit the following documentation no later than the 10th day of each month covered by this Agreement, in a format prescribed by the CITY: a. Monthly timesheets/pay stubs reflecting actual time worked (in accomplishing goals) by the CDBG funded position (Delray Beach Satellite Office Coordinator) and a completed Direct Benefit Activity form (monthly); b. Monthly grantee performance reports due no later than the 10th day of each month, showing summary statistics on race, ethnicity, and income level of clients served by the program. c. Monthly Project Budget, detailing requested funds, included in this agreement as "Attachment D." 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2010, to September 30, 2011. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or this Agreement or suspend payments in whole or in part by giving written notice of such termination or 2 suspension of payments and specify the effective date of stipulations of this Agreement, either party shall thereupon have the right to terminate termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement fora period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT shall submit quarterly reports in a format prescribed by the CITY per the schedule in Article III of this Agreement. 6.3 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. 3 ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the 4 continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. 9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or 5 attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT 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 agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (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. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT'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 SUBRECIPIENT 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 SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT 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 SUBRECIPIENT's obligations under 24 CFR Part 135. 6 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. 9.8 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 7 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the SUBRECIPIENT shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the SUBRECIPIENT, its agents, employees or officers in the performance of services under this Agreement. 8 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH URBAN LEAGUE OF PALM BEACH COUNTY, INC. By: The foregoing instrument was acknowledged before me this day of 20, by ,who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: City Clerk Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Mayor 9 ATTACHMENT "A" SCOPE OF SERVICES The major focus of the Urban League of Palm Beach County, Inc. under this Agreement will be to administer a Comprehensive Housing Counseling Program for eligible residents of Delray Beach. At least 51 % of the beneficiaries of a project funded under this Agreement must be low- and moderate-income persons (as determined annually by HUD for the area). The program is designed to enable clients to make informed and reasonable decisions in achieving their housing goals or to assist in resolving their housing problem by using all available resources. In support of these efforts, CDBG funds will be used to offset costs associated with one part-time service delivery position (Delray Beach Satellite Office Coordinator). Supported services under this Agreement include the following: a. Mortgage application assistance b. Pre-mortgage counseling c. Default mortgage counseling d. Money management e. Emergency intervention (including food, energy & shelter assistance) f. Housing discrimination referrals g. Section 8 Housing application guidance h. Reverse mortgage counseling ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 NONPROFITS Unallowable Allowable Advertising ~ Bad debts ~ Bonding ~ Communication ~ Compensation, personnel services ~ Contingency provisions ~ Contributions (to others) ~ Depreciation, use allowance ~ Donations (from others) ~ Employee morale, health, welfare ~ Entertainment ~ Equipment ~** Fines, penalties ~ Fringe benefits ~ Fund raising, interest, investment management ~ Idle facility, idle capacity ~ Insurance & indemnification ~ Interest Labor relations ~ Lobbying ~ Losses on other awards ~ Maintenance, repair ~ Materials, supplies ~ Memberships, subscriptions, professional activity ~ Organization costs ~** Overtime, shift premiums ~** Page charges in professional journals (research) ~ Participant support costs ~** Patent costs ~ Pension plans ~ Plant security ~ Pre-award costs ~** Professional services ~ Profits, losses on asset disposition ~* Public information service ~*** Publication and printing costs ~*** Rearrangement, facility alteration ~** Reconversion costs ~ Recruiting ~ Relocation ~* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A-122 NONPROFITS Unallowable Allowable Rental ~ Royalties, use of patents, copyrights ~ Severance pay ~ Specialized service facilities ~ Taxes ~ Termination-related costs ~ Training, education ~ Transportation ~ Travel ~* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the SUBRECIPIENT does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the SUBRECIPIENT indicating the following: "Company Name" does not own any vehicles. In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The SUBRECIPIENT's Signature: MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: November 9, 2010 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 CDBG SUB-RECIPIENT FUNDING AGREEMENT/FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. ITEM BEFORE COMMISSION Approval is requested to execute an agreement for funding with the above-listed sub-recipient under the 2010-2011 Community Development Block Grant (CDBG) Program. BACKGROUND In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on August 3, 2010, to obtain public comment on the proposed budget for approval of the Community Development Block Grant Consolidated Action Plan for fiscal year 2010-2011. The Action Plan contains an appropriation for public service activity and was approved by the Commission. CDBG Program regulations, per 24 CFR 570.503, require written agreements prior to the disbursement of funds to sub-recipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. These agreements have been developed in accordance with the stated regulations and have been reviewed and approved by the City Attorney for legal sufficiency and form. FUNDING SOURCE Community Development Block Grant 118-1961-554-49.17 RECOMMENDATION Staff recommends approval and execution of the attached agreement in order that funding may proceed in accordance with the Commission-approved Action Plan for fiscal year 2010-2011. FY 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC., hereinafter referred to as "the SUBRECIPIENT," having its principal office at 1300 West Lantana Road, Suite 100, Lantana, Florida 33462. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Eight Thousand Dollars and 00/100 ( 8 000.00). 3.2 The CITY will be billed by the SUBRECIPIENT and will disburse $1,000.00 per seminar/session. Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance. 3.3 Prior to receipt of CDBG funds (through reimbursement), SUBRECIPIENT shall submit for each seminar/session conducted, the following documentation: a. An agenda displaying the date, time, and location of the session/seminar conducted (the NS Division must have been notified in advance of the same, as required in the Scope of Service, item (b); b. A list of invitees/attendees for each session/seminar; c. A request for funds/invoice; d. Proof that each seminar/session was adequately advertised and marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (i.e. marketing tools used, copy of flyers/invitations/newspaper ads, and a narrative of other efforts made (activity report); e. A grantee performance report generated for each seminar showing summary statistics on race, ethnicity, and income level of clients served by the program. f. Monthly Project Budget, detailing requested funds, included in this agreement as "Attachment D." 3.4 Release of funds is subject to the approval of the Director of Community Improvement. 2 ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2010, to September 30, 2011. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in 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 or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement fora period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 4 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). 5 c. Applicable provisions of 24 CFR 570.502. 9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT 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 agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (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. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT'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. 6 d. The SUBRECIPIENT 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 SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT 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 SUBRECIPIENT's obligations under 24 CFR Part 135. 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. 9.8 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. 7 All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day 8 period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the SUBRECIPIENT shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the SUBRECIPIENT, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. By: The foregoing instrument was acknowledged before me this day of 20, by ,who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: City Clerk Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Mayor 9 ATTACHMENT "A" SCOPE OF SERVICES The major focus of the Fair Housing Center of the Greater Palm Beaches, Inc. under this Agreement will be to provide a minimum of eight (8) Housing Industry Provider /Community Education Sessions for residents of Delray Beach, including school-age children and community organizations, upon the following terms and conditions: a. All eight (8) seminars and sessions will be accomplished during the effective date of the contract period (October 1, 2010 through September 30, 2011). b. Each seminar or session will be conducted following notification of the Neighborhood Services Division regarding date, location and the submittal of supporting documentation (i.e. flyers, marketing tools, advertising efforts, etc.). c. Each seminar/session must be adequately marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (copies to be submitted to NS Division prior to seminar/session). d. Reimbursement of expenses will be provided upon completion of each seminar/session, at the predetermined amount of $1,000.00 per seminar/session, with the total maximum reimbursement not exceeding $8,000.00 (for the eight seminars/sessions). e. All seminars/sessions will be open to participants, free of charge f. The Fair Housing Center of the Greater Palm Beaches, Inc. shall provide: Community Education Sessions for civic organizations, community based agencies, social service providers, immigrant populations and/or schools within the municipal boundaries of the City of Delray Beach. These sessions shall be designated to educate the public and protected classes to identify incidents of discrimination in housing and to gain an understanding of the means to find remedies, to seek redress and relief. Sessions are to be conducted citywide on an ongoing basis during the program year. A minimum of five (5) sessions shall be conducted during the period beginning October 1, 2010 and ending September 30, 2011. One (1) of the sessions will focus on the education of children about housing discrimination. 2. Housing Industry Provider Education Se property managers, financial institutions, seminars shall provide information on fai Act regulations and affirmative marketing seminars shall be conducted during the ending September 30, 2011. minars for developers, real estate brokers, and the media/advertising industry. The r housing laws, Community Reinvestment requirements. A minimum of three (3) period beginning October 1, 2010 and ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 NONPROFITS Unallowable Allowable Advertising ~ Bad debts ~ Bonding ~ Communication ~ Compensation, personnel services ~ Contingency provisions ~ Contributions (to others) ~ Depreciation, use allowance ~ Donations (from others) ~ Employee morale, health, welfare ~ Entertainment ~ Equipment ~** Fines, penalties ~ Fringe benefits ~ Fund raising, interest, investment management ~ Idle facility, idle capacity ~ Insurance & indemnification ~ Interest Labor relations ~ Lobbying ~ Losses on other awards ~ Maintenance, repair ~ Materials, supplies ~ Memberships, subscriptions, professional activity ~ Organization costs ~** Overtime, shift premiums ~** Page charges in professional journals (research) ~ Participant support costs ~** Patent costs ~ Pension plans ~ Plant security ~ Pre-award costs ~** Professional services ~ Profits, losses on asset disposition ~* Public information service ~*** Publication and printing costs ~*** Rearrangement, facility alteration ~** Reconversion costs ~ Recruiting ~ Relocation ~* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A-122 NONPROFITS Unallowable Allowable Rental ~ Royalties, use of patents, copyrights ~ Severance pay ~ Specialized service facilities ~ Taxes ~ Termination-related costs ~ Training, education ~ Transportation ~ Travel ~* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the SUBRECIPIENT does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the SUBRECIPIENT indicating the following: "Company Name" does not own any vehicles. In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The SUBRECIPIENT's Signature: MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: November 9, 2010 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 CDBG SUB-RECIPIENT FUNDING AGREEMENT/COMMUNITY CHILD CARE CENTER (DB/A ACHIEVEMENT CENTER FOR CHILDREN AND FAMILIESI ITEM BEFORE COMMISSION Approval is requested to execute an agreement for funding with the above-listed sub-recipient under the 2010-2011 Community Development Block Grant (CDBG) Program. BACKGROUND In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on August 3, 2010, to obtain public comment on the proposed budget for approval of the Community Development Block Grant Consolidated Action Plan for fiscal year 2010-2011. The Action Plan contains an appropriation for public service activity and was approved by the Commission. CDBG Program regulations, per 24 CFR 570.503, require written agreements prior to the disbursement of funds to sub recipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. These agreements have been developed in accordance with the stated regulations and have been reviewed and approved by the City Attorney for legal sufficiency and form. FUNDING SOURCE Community Development Block Grant 118-1966-554-82.09 RECOMMENDATION Staff recommends approval and execution of the attached agreement in order that funding may proceed in accordance with the Commission-approved Action Plan for fiscal year 2010-2011. FY 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES . THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and "ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES", hereinafter referred to as "the SUBRECIPIENT," having its principal office at 555 N.W. 4th Street, Delray Beach, Florida 33444-2734. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Eighty Thousand Dollars and 00/100 ($80,000.00). 3.2 The CITY will be billed by the SUBRECIPIENT and will disburse twelve (12) monthly payments. The first disbursement will be in the amount of $8,000 and all remaining payments in the amount of $6,545.45). Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance. 3.3 Prior to receipt of CDBG funds (through reimbursement), SUBRECIPIENT shall submit the following documentation no later than the 10th day of each month covered by this Agreement, in a format prescribed by the CITY: a. Monthly grantee performance report as well as a narrative identifying the participant's levels of family income, race, ethnicity, and achievements of participants served by the program. b. Monthly timesheets and payroll reports reflecting actual time worked by the CDBG funded position and a completed Direct Benefit Activity form (monthly); c. Monthly Project Budget, detailing requested funds, included in this agreement as "Attachment D." 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2010, to September 30, 2011. 2 ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in 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 or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement fora period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT shall submit quarterly reports in a format prescribed by the CITY per the schedule in Article III of this Agreement. 6.3 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 4 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. 5 9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT 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 agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (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. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT'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 SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take 6 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 SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT 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 SUBRECIPIENT'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. 9.8 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the 7 SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 8 9.15 Indemnification: To the extent provided by law, the SUBRECIPIENT shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the SUBRECIPIENT, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES. By: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 20, by ,who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: City Clerk Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: 9 Mayor ATTACHMENT "A" SCOPE OF SERVICES The major focus of the ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES under this Agreement will be providing day care, after-school care and related services to eligible children. At least 51 % of the beneficiaries of a project funded under this Agreement must be low- and moderate-income persons (as determined annually by HUD for the area). CDBG funds may be used for programmatic costs including, but not limited to, salaries of direct service personnel, training, insurance, office supplies and expenses, education supplies and materials, utilities, and sponsored events (field trips). Services under this program will be provided at the Center's main facility located at 555 N.W. 4th Avenue, Delray Beach, Florida and at Village Academy, 400 SW 12th Avenue, Delray Beach, Florida. The major tasks which the Achievement Centers for Children and Families will perform in connection with the provision of the eligible day care and after-school services include, but are not limited to, the following: a. Maintain facility at all times in conformance with all applicable codes, licensing, and other requirements for the operation of a day care center. The facility must also be handicapped accessible, and the day care services must be organized into separate areas appropriate for each of the age groupings being served (toddler - 12 months to 3 years, pre-school - 3 to 4 years, pre- kindergarten - 4 to 5 years and after-school/out-of school care -- 5 years to 14 years). b. Accept applications and perform eligibility determinations. At least 51 percent (51 %) of the beneficiaries of subsidized day care must be low and moderate-income persons (as determined annually by HUD for the area). c. Offer day care services from 6:30 a.m. to 5:30 p.m. Monday through Friday, after-school/out-of- school services from public school closing time to 7:00 p.m. and Saturdays 7:30 a.m. to 4:30 p.m. to eligible families. d. Ensure that the numbers, background, and qualifications of the Achievement Center's for Children and Families' staff providing the on-site day care and any related services at all times are appropriate for the enrolled child population at the center and meet at least the minimum standards established by the pertinent licensing bodies. e. As part of the day care services, provide a range of structured social, educational, and cultural enrichment activities appropriate to the age groups being served. f. Maintain program and financial records documenting the eligibility, attendance, provision of services, and the Center's expenses relative to the children receiving day care services as a result of assistance provided through the CDBG program. ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 NONPROFITS Unallowable Allowable Advertising ~ Bad debts ~ Bonding ~ Communication ~ Compensation, personnel services ~ Contingency provisions ~ Contributions (to others) ~ Depreciation, use allowance ~ Donations (from others) ~ Employee morale, health, welfare ~ Entertainment ~ Equipment ~** Fines, penalties ~ Fringe benefits ~ Fund raising, interest, investment management ~ Idle facility, idle capacity ~ Insurance & indemnification ~ Interest Labor relations ~ Lobbying ~ Losses on other awards ~ Maintenance, repair ~ Materials, supplies ~ Memberships, subscriptions, professional activity ~ Organization costs ~** Overtime, shift premiums ~** Page charges in professional journals (research) ~ Participant support costs ~** Patent costs ~ Pension plans ~ Plant security ~ Pre-award costs ~** Professional services ~ Profits, losses on asset disposition ~* Public information service ~*** Publication and printing costs ~*** Rearrangement, facility alteration ~** Reconversion costs ~ Recruiting ~ Relocation ~* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A-122 NONPROFITS Unallowable Allowable Rental ~ Royalties, use of patents, copyrights ~ Severance pay ~ Specialized service facilities ~ Taxes ~ Termination-related costs ~ Training, education ~ Transportation ~ Travel ~* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the SUBRECIPIENT does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the SUBRECIPIENT indicating the following: "Company Name" does not own any vehicles. In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The SUBRECIPIENT's Signature: MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 9, 2010 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 RATIFICATION TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for ratification to the Parking Management Advisory Board. BACKGROUND On October 18, 2010, the Planning & Zoning Board appointed Mr. Cary Glickstein as their alternate representative on the Parking Management Advisory Board for an unexpired term ending July 31, 2012. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road AlA within the corporate limits of the City. A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. RECOMMENDATION Recommend ratification of Mr. Cary Glickstein as the alternate representative for the Planning & Zoning Board for an unexpired term ending July 31, 2012. 11/10 PARKING MANAGEMENT ADVISORY BOARD TERM MEMBERS CATEGORY EXPIRES 07/31 /11 Mark Krall a~ 09/20/10 P & Z Ratified 10/19/10 07/31/12 William Morse CHAMBERS a~ 0/21/10 Ratified 08/17/10 07/31/11 Herman Stevens CRA a~ 0/09/09 Ratified 09/10/09 07/31 /12 Margie Walden WARC Unexp Appt 10/19/10 Ratified 11/02/10 07/31 /12 Fran Marincola, Vice Qzair a~ m/2o/o6 alt DDA Ratified 08/15/06 alt Reappt07/14/08 reg Ratified 08/19/08 reg Reappt07/12/10 Ratified 08/17/10 The representatives above are ratified by the City commission. The representatives below are appointed by the City Commission. 07/31 /12 Peggy Murphy Atlantic Avenue Comdor a~ 01/05/10 $etween Swinton Avenue and the Intracoastal 07/31 /12 Alan Kornblau Atlantic Avenue Comdor Unexp Appt 01/03/08 $etWeen SWiritOn AVenue Reappt 01/05/10 and Interstate 95 07/31 /12 John Gergen Atlantic Avenue and State Unexp Appt 05/06/08 Road AIA COTT1dO2S and Reappt o1/05/10 lying East of the Intracoastal Waterwa 07/31 /12 Cecelia $oone Old School Square Unexp Appt 03/21/06 H1St021C AT'fS I~LStt1Ct Reappt0l/15/08 Reappt0l/05/10 07/31 /11 Mr. $ruce Gimmy Citizen at-Large Unexp Appt 12/01/09 07/31/11 George $rewer Citizenat-Large Appt02/03/09 PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS TERM MEMBERS CATEGORY EXPIRES 07/31 /12 Cary Glickstein &Z Unexp Appt 10/18/10 07/31 /12 CHAMBERS Unexp Appt Vacant 07/31/12 Veronica Covington CRA Appt 06/24/10 Ratified 08/17/10 07/31 /12 ARC acant 07/31 /12 Diane Franco DA Unexp 08/21/09 Ratified 11/17/09 Reappt07/12/10 Ratified 08/17/10 S/City Clerk/Boardl0/Parking Mana~ment AchnsoryBoard Contact: Scott Aronson -Parking Management Specialist 243-7196 Commission Liaison: Commissioner Gary Eliopoukos MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 11, 2010 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 GRANT AGREEMENT/DELRAY BEACH HISTORICAL SOCIETY, INC. ITEM BEFORE COMMISSION City Commission is requested to approve a grant in the amount of $30,000 from the City to the Delray Beach Historical Society, Inc. for FY 2011. BACKGROUND Attached is a proposed grant agreement between the City and the Delray Beach Historical Society, Inc. and a copy of the grant application. The term of the grant is one (1) year and requires repayment of the grant to the extent revenues exceed budget expectations and requires quarterly financial and performance reports. The purpose of the grant is to keep the archives room open on a part-time basis to meet conditions of the construction grant received from Palm Beach County and maintain the historic village. FUNDING SOURCE Funding is available in account code 001-6311-572-83.07, which will be adjusted at mid- year. RECOMMENDATION Staff recommends approval of the grant in the amount of $30,000 from the City to the Delray Beach Historical Society, Inc. GRANT AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH HISTORICAL SOCIETY, INC. THIS AGREEMENT is made and entered into this day of , 20, by and between the City of Delray Beach, a Florida municipal corporation (Grantor) and the Delray Beach Historical Society, Inc. (Grantee). WITNESSETH: WHEREAS, it is the mission of the Delray Beach Historical Society to preserve the City's archives and historical sites, to educate the community about Delray's heritage and to encourage public interest in the historic past of Delray Beach: and, WHEREAS, the Society and the City have a responsibility to keep the archives room at the Hunt House open on a limited basis; and, WHEREAS, it is in the best interest of the Community to maintain and preserve this historic site; and, WHEREAS, the City believes that the services provided through the use of the archives operation is critical to the community and it is the intent of the City to preserve our historical heritage. NOW, THEREFORE, based on the promises and covenants made herein, the parties agree as follows: 1. Recitations: The recitations set forth above are incorporated as if fully set forth herein. U:Awwdata\agenda\11.16.10\Grant Agreement DBHS.doc 2. Purpose: The purpose of this agreement is to maintain the operation of the archives room in the Hunt House on a part time basis and to maintain the historic site known as the Historic Village. 3. Grant Amount: The Grantor agrees to provide monies in the amount of thirty thousand dollars ($30,000) to the Grantee upon execution or as soon thereafter of this agreement. 4. Term: The term of this agreement shall be for one (1) year beginning November 1, 2010 and ending October 31, 2011. 5. Use of Funds: The Grantee will utilize funding for part time personnel costs to maintain, preserve and expand the Historic archives of the City and for maintenance/management of the Historic Village, including the Cason Cottage Museum, 1926 Bungalow, and the Ethel Sterling Williams Learning Center (Hunt House). 6. Repayment to the City: The Grantee agrees to repay all or a portion thereof of the grant amount if revenues exceed the amount budgeted per exhibit "A". 7. Reporting Requirements: The Grantee agrees to provide the City with a quarterly report by the 10th day of the month following the end of each quarter. Report to include the following information: • Financial condition /Actual to budgeted revenues and expenses • Performance Measures • Actions taken during quarter concerning fund raising activities 8. Insurance: The Grantor agrees to provide hazard and PD insurance for structures on the site. The Grantee will provide general liability insurance and contents if available. U:Awwdata\agenda\11.16.10\Grant Agreement DBHS.doc 9. Other: The Grantor will assist the Grantee in reducing operating costs and provide expertise and advice on computer systems, telephone systems and other areas as maybe deemed appropriate. 10. Review: At the end of the one (1) year period, or no later than November 15, 2011; the parties will review the progress made for the reimbursement of the funds and take whatever steps are appropriate. 11. Entire Agreement: This is the entire Agreement of parties and modifications must be in writing and executed by the parties to this Agreement. 12. Authority: The signatories assert that they have the authority to execute this Agreement on behalf of the parties to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective on the date first written above. CITY OF DELRAY BEACH, FLORIDA By: Mayor, Nelson S. McDuffie Attest: City Clerk Approved as to legal sufficiency and form: City Attorney WITNESSES: Delray Beach Historical Society Inc. U:Awwdata\agenda\11.16.10\Grant Agreement DBHS.doc By: (Name printed or typed) Tom Stanley, President (Name printed or typed) CORPORATE ACKNOWLEDGMENT State of Florida County of The foregoing instrument was acknowledged before me this day of 2010 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public -State of Florida Print, Type or Stamp (Name printed or typed) economy 1. agt U:Awwdata\agenda\11.16.10\Grant Agreement DBHS.doc EXHIBIT "A" DBHS B[~DGET - PIAN A~ Revenues Membership $ 7,OOaAO annual gifts $ 1o,aaa,oo ~ 17,DDO.Oa E=xpenses personnel salary $ 20,000.{}0 $22.00 per hour, 18 hours per week, 4S weeks per year i=1CA $ 1,525,00 Serb-Total ~ za.,s2s,©D ©perating Cnsts 6iectric $ 3,aa0Aa o water/sewer . $ 8,000,(}0 ° security $ 450.00 ° pest control $ 350A0 ° contents insurance $ $00.00 ° General liability insurance $ z,100.Ofl ° Hazard/pE~ Insurance (Bu~.ldi.ng~ity eJo insurance $ x.,350.00 repairs/general malntenarrce $ x.,5aa,0a ec{ulpment repairs $ 200.Ofl supplies $ 700,00 postage $ 600.00 corctputer upgrades/repairs $ 7op,0a telephone $ 1,600.00 ° web site hosting $ 85.x0 storage -Merritt Transfer $ 900,00 bocsitkaeping $ 1,$00.00 printing $ 1,QD0.00 Sub-Total $ 25,135.©0 Total Peronnei/Expenses $ ~6,6b0.OD I~et Surp3.us/Deficit E$29,66of00) °Cfl$t:s City caould Dave if DBHS c~.oses $16,300.00 Exhibit: "A" CITY OF DELRAY BEACH APPLICATION FOR C~IARITABLE AND BENEVOLENT CONTRIBUTION REQUEST FOR FISCAL YEAR 2010-20'11 APPLICANT INFORMATION; AgoncylOrganization Name: Address: City, State: Zip: Telephone: Fodoral ID #: 501(c)(3)#: Can#act NamelTitle: Grant Request: AGENCY INFORMATION: Delray Beach Historical Society, Inc. 3 NE 15` Street Delray Beach, 1=L 33444 561 243-2577 23-7375280 #ICH3944 Thomas M. Stanley, President (561-278-6363); Howard Ellingsworth, Secretary; Sylvia Pecaro, Treasurer $46,660.00 X Tax exempt under IRC 501(c)3 X Not a Private Foundation as defined under IRC 509.4 X Volunteer Board of Directors is Governing Body X Independent Audit is not performed every year, X Annual Budget is approved by Board of Directors. (See Attached) X Copy of last Form 990 attached. Intended use of requested funds. The Mission of the Delray Beach Historical Society is to preserve the City's archives and historic sites, to educate the community about Delray's heritage and to encourage public interest in the historic pask of Delray Beach. The funds from the City will be utilized in the annual operating budget to maintain and fulfill the following items: MaintenancefManagement of the buildings of the Historic Village, including the Cason Cottage Museum, the Ethel Sterling Williams Learning Center ("Hunt House"), and Archive Room Bunker; Personnel which consist of the archivist; and Maintenance, preservation, and expansion of the Historic Archives of the City of Delray Beach. 3 What public benefit wilt result from the funds roceived from rho City? The core part of mission of the Society is the maintenance, preservation, and expansion of the Historic Archives of the City of Defray Beach, The materials, pictures and information in the collection are imaged digitally and also stored in the Archive Bunker attached to the Hunt House. These materials must be maintained at an optimal temperature and the gas back-up generator installation was recently completed for hurricane season. The required climate control of the Archive Bunker generates extra costs for air conditioning. 'the Hunt House (otherwise known as the Ethel Sterling Williams Center and Archive Bunker) and archive materials are resources that are utilized by individuals and groups in the community. Each month school teachers, professors, students, local residents, other historical institutions, and the historic preservation department (of the City of Delray Beach) utilize the archives. The archives are a continual work in progress as new donations are received each year. Ms. Patterson has also worked tirelessly to reorganize the archive materials and records since the move from Old School Square to fire Archive Bunker almost two years ago on October.31, 2008. How many participants are using the agency's program? USB OF THB ARCHIVES City Qepartments The Historic Preservation Planner of the City of Delray Beach makes a request at least once a month. Other city departments also make periodic requests such as Parks & Recreation, the City Manager's Office, the City Attorney, the City ClerklRecords etcetera. Examples from the past: Parks & Recreation asked for information on names of city parks, and history information for opening or anniversary programs for community centers. The City Manager asked for a copy of the research Dottie Patterson completed on Veterans Park for CDS developers. Over a period of months Dottie Patterson hand-carried (one at a time) City Minutes Books over to Tim Fordham in Records sa that h~ could scan them for the City Web Site. This was far the years 1991 l0 1996. When the City-sponsored "Zion Study Group° had problemslissues with the time-line of Delray Beach history, Susan Ruby asked that the DBHS and EPOCH get involved. Karen Preston (former executive director) and Dottie Patterson attended meetings. Dottie Patterson spent a lot of time doing additional research for the time-line, The World of Diversity Library panel, another Zion Study Group project, is explained in the schedule of events and programs. When the City was publishing the Defray Pop-up Book, the committee asked for DBHS help with the historyltime-line page. Delray Beach Police.D_epartrttenf-DBHS cooperated when department was working on history of police department. Images, scrapbooks, etcetera are kept in Police Department file. Delta Beach Fire Service -Partnered with the DBHS on exhibit about the history of the Fire Department. Delta Beach Librar Library staff is very complimentary about the programs the DBHS has held at the Library. Norma Kane and Bonnie Stelzer have asked that the DBHS continue programs there next year. Other community organizations 1=xamples from past: Delray Beach Playhouse partnered with DBHS for exhibit celebrating 50~h anniversary. The archivist, Dottie Patterson, was consulted a# Playhouse far set-up of Playhouse archives room. Cason United Methodist Church consulted DBHS for assistance in set-up of archives. Trinity Lutheran Church asked the Archivist to consult with Marcia Miller on set-up of archives room there. Downtown Marketing Cooperative and the DBHS have worked together on numerous projects in the past. As aforementioned, there are always various city, public and private groups, businesses and schools that work with the DBHS. All of the information for tours, lectures, classes comes primarily from the archives. 4 The DBHS served about 1,000 adults within the last year and a half. This includes tours, classes, lectures, and some exhibit traffic. Some DBHS exhibits this year have been offi-site and seen by hundreds of people, and that number is not included. Children's tours and Classes Approx. 250 students participated. USE OF pELRAY BEACH HISTORICAL SOCIETY SITB 1=xhibits Note: The DBHS has presented more than 70 exhibits in the last 29 years. Research and images to produce the exhibits came from the archives. Last year a full range of exhibits on #;lorida subjects were offered at Cason Cottage, the 1926 Florida Bungalow and the ESW History Learning Center. Archives Research at ESW History Learning Center individuals, writers, researchers, home-owners, students, businesses and organizations are served. DBHS receives research requests from telephone coils and a-mails as well as on-site appointments and walk-ins: Estimate: 9 per week. The Archivist, Dottie Patterson, estimates about 45D requests yearly from various sources. Cason Cottage Museum is open from October through April 3 days a week with the assistance of a docent team. On the second Saturday the Cottage has been open from September thrnugh May for Trolley Tours (usually about 30 peopie on each one). The remainder of the year Dottie Patterson gives tours by request (walk in, e-mail, or telephone). The Cottage is used as a tool to #eaeh Delray Beach history. 1926 Florida Bungalow Fxhibits, meeting space, and gift shop offering books and other items with a Florida theme. DBHS includes all three buildings with the Cason Cottage tour. Of the total, how many are residents of Delray Beach? 75% to 80% Geographic Area(s) Served: City of Limits of Delray Beach and Palm Beach County What is the total cost of the program? Approximately $50,000 Please list those special ovont fund raising opportunities held in the City of Delray Beach in which your agency participated or provided volunteers and the number of volunteers provided at each: Special Invent: Volunteers: Delray Beach Historical Society Antique Show 30 Ethel Sterling Williams (Hunt House) Grand Opening 5 Please Kist the othor sources and amounts of revenue being requested this fiscal year? Misc Charitable Grant $9,500 -- CRA Palm Beach County Grant --amount unknown Fundraising and Membership Dues -- $17,000 to $20,000 Has your organization received funding from the City of Dolray Beach in the past? If sa please indicate the amount and year. Miscellaneous Grant - $10,000 - 3989 Hunt House Building Grant - $250,000 - 2007/2008 5 Pleaso provide a Needs Statement (Why do you need the money?) explain the reasons for your projoct and your request for funding. The Society and the City of Delray have a responsibility to keep the Archive Room at the Hunt House open on a limited basis. The Hunt House is subject to three-party agreement between the City, Society, and Palm Beach County to keep the Archive Room open to the Public. The Society has been running a substantial budget deficit since the addition of the Hunt House and additional staff in 200712008. Due the economy and the unsustainable budget, the Society has spent most of its reserve without raising the requisite funds to balance the budget. The annual budget during the 2009-2010 fiscal year was reduced swiftly by over 75% with oversight from the City Staff. The Society respectfully requests a Miscellaneous Grant from fhe City of Delray Beach iri order to operate the Hunt House Archive Room and Cason Cottage for the 2010-2011 year. The Society--in conjunction with City Staff-has reviewed a streamlined budget plan thaE coincides with the Society's "sustainable operational plan." The plan represents the total cost to manage fhe Hunt House, Cason Cottage, and have one part-time employee in the Archive Room. The other key parts of the plan is annual fundraising on the part of the Society for an amount equal to $17,000 {for 2010-2011}, application to the CRA for its Ioca1 non-proFt grant $1,500.00, and application for part of the Preserve America Grant {with the Cify Preserve#ion Departmen#). Additionally, tho Society will create a modest fundraising plan with an outside coordinator for a signature event each year. Willi the annual budgetary needs of the Society reduced by over 75% during this fiscal year, the annua! fundraising plan will be cohesive and more successful. Provido an Outcome Statement (What will be accomplished with the money?). 1, Maintenance and management of the buildings of the Historic Village, including fhe Cason Cottage Museum, the Ethel Sterling Williams Learning Center {"Hunt House"), and Archive Room Bunker; 2. Personnel which consists of the part-time archivist; 3. Maintenance, preservation, and expansion of the Historic Archives of the City of Delray Beach; and 4. The Hunt House Archive Room and Historic Village shall remain open to the public. Demonstrato how you will evaluate your results. The results will be evaluated by the continuing catalog of public users and special projects conducted through the use of the Archive Room and the Delray Beach Historical Society Archivist. Further, the digital imaging and catalogue of materials will continue to be expanded and improved. As a t:or~dittan of being funtled, tho reoipfent organization shall submit two Status F;eports to the City Manager. These reports shoutd be suf~mltted as designated in lha award letter. These reports need to address how the use of City funding has hnpaated the expcotod outcorna as pravidect In the Outoo~ne 5laienlent. These reports need to inoluda measural7le ©~aiuation Infvrma#ion and should not eKased one page in langih. Failure to submit iilesa Status Ftepnrts may Jeopardizo approvai of future requests for funding. The undarsigi~ed is sciia~i3ltting this appiioation on behalf of the agency. Signature Date iJan~© (Print} 'title 2010-2011 Annual Budstet Revenues Membership $ 7,000.00 annual gifts $ 10,000.00 $ 17,000.00 Expenses personnel salary $ 20,000.00 $22.D0 per hour, 18 hours per week, ~8 weeks per year FICA $ 1,525.00 Sub-Total $ 21,525.00 Qperating Costs Electric $ 3,000.00 water/sewer $ 8,000.00 security $ 450.00 pest control $ 350.00 contents insurance $ 800.00 General Liability lnsurance $ 2,100.00 Hazard/PD Insurance City e/o insurance $ 1,350.00 repairs/general maintenance $ 1,500.00 equipment repairs $ 200.00 supplies $ 700.00 postage $ 600.00 computer upgrades/repairs $ 700.00 telephone $ 1,600.00 web site hosting $ 85.00 storage -Merritt Transfer $ 900.00 bookkeeping $ 1,800.00 printing $ 1.,000.00 Sub-Total $ 25,135.00 Tota! Personnel/Expenses $ A6,66Q.00 8 ADMINISTRATIVE Stli3JEC7: ~ ~ ~ POLICIES AND PROC~DURI;S Cheritabls and Benevolent ~ Y ~ MANUAI Contrihutians and Special Event . ~ ~ C~~ICay NUNiBE•? tZi~VtStONS 0 i Ef~ECT IVB f AAGE 1 2 ~~~~~ QA-2.3 6 PATE, Pica Exhtblfa _ J Iy6,2t110 A&B StJt'EfZSE~t}ES aA-23, Rav. 5 APi?t?QVED BY. ~~~~ ~~ ~ ~ (January 1, 2t]a2j Cavil T, Harlon, city Manager GA-23,0 purpose: The purpose of this policy, as approved by the City Commission an September 34, X988, is to provide format procedures for reviewing requas#s for charlkabie and bvnevolenk cvnkributlo~~s and special event funding from City funds. CA-23,~ procedures; Tha prvsenkatton aid consideration of requests for Ctty funding by agencies will be based on the fallowing guidelines: 9. Agencios desiring funding from fha Glty of pelray t3each are required to cvmplefa the Ciky's "Application for Gharikabla and Be~tevvlent Con#rihutlvn t~equest" (Exhibit A) yr "Application for Speciat Event 1;undin€J" {Exhibit B) for review prier to any award. 2. requesting agencies should ba agencies whtch strppiy a needed service to tt~e Citizens of Delray Beach which, in the absence of such agency programs, the City would provide st~eh service direotly from Its own resources. 3. Where possible, requesting agencies should participate l~~ and I~rvvide vvlunfeers fv felts advantage of special event fund raising oppartunitios faking place wikhin the City of pelray Beach ~i.e., f)elray Affair, eta,a. d. t2oquesting agencies are regrrlred to submit their last tax return or audit report as part of the application. 5. t~equesting agencies are required to dernonsirate floor they meet Cliy Gar~~misskon goals and objectives. 8. Funding appllcaiions wrill be reviewed by a Ci[y Staff Committee designated by the Clfy Manager. Tha Cvmrnit#ev's funding recommendations waft be submitted to the City Commission far their approval yr denial. 7. As a condition of be#ng funded, the recipient organization shad submit Stafus Reports to the City Manager. Failure to submit these Slates Reports may ]eopardiza approval of fu#ure requests for funding. 8. The total charitable and benevolent contribution funding for eilgibie requesting agencies should not exceed 9% of the Ad Valorem 'Cax revenue annually. S. Thy total speofal event funding should nat exceed $a0,4Q0 annually. These guic#el6ies are designer! t4 tae consistent with funding cri#eria which seek to ensure funding is provided for agenefes that are involved fn projects which serve Dalray residents and that the City's con#ribu#ivns are relevant to rite needs of betray resldei~ts served. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 8, 2010 SUBJECT: AGENDA ITEM 8.0. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 DOWNTOWN MARKETING COOPERATIVE AGREEMENT ITEM BEFORE COMMISSION Commission is requested to approve the Downtown Marketing Cooperative Agreement. BACKGROUND Attached is a revised copy of the Downtown Marketing Cooperative Agreement, which has been approved by the Board of Directors of the Community Redevelopment Agency, Downtown Development Authority and the Chamber of Commerce. Major changes include: -Added budget submittal and approval dates -Spells out budget adjustments to be made if funding is not provided by any of the members as requested by DMC -Requires quarterly reports be made to all members -Includes termination language and financial responsibilities if a party to the agreement terminates during the fiscal year -Minor changes were made to sections of the agreement where the DMC provides support for City events to comply with the current Event Policies and Procedures RECOMMENDATION Staff recommends Commission approval of the Downtown Marketing Cooperative Agreement. AGREEMENT BETWEEN THE CITY, DDA, CRA, CHAMBER OF COMMERCE AND THE DELRAY BEACH DOWNTOWN MARKETING COOPERATIVE INC. TH1S AGREEMENT is made this day of , 2010, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY REACH (hereinafter referred to as the "CRA"}, the DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY (hereinafter referred to as the "DDA"}, the GREATER DELRAY BEACH CHAMBER OF COMMENCE (hereinafter referred to as the "Chamber"), the CITY OF DELRAY BEACH (hereinafter referred to as the "City") and the- DELRAY BEACH DOWNTOWN MARKETING COOPERATIVE, INC. (hereinafter referred to as the "DMC"), WITNESSETH: WHEREAS, the CRA is a Community Redevelopment Agency created pursuant to Florida Stafufe Chapter 163 and has as its purpose the redevelopment of portions of the City of Delray Beach located within its geographically designated redevelopment area; and WHEREAS, the DDA is a special taxing district created by special act of the Legislature of the State of Florida and the DDA is responsible for the economic development of the geographic area defined pursuant to its Charter; and WHEREAS, the Chamber has as one of its primary missions the providing of support to the economic community within Delray Beach; and WHEREAS, the City is a Florida municipal corporation and has the home rule power to enter into agreements as herein provided; and WHEREAS, the parties hereto have heretofore joined forces to develop and administer as a cooperative program for downtawn Delray Beach, and have farmed the Delray Beach Downtown Marketing Cooperative, Inc.(DMC); and WHEREAS, this agreement replaces all other previous agreements between the parties as to the special events referenced in this agreement. NOW, THEREFORE, in consideration of the mutual covenants and pramises herein contained, the parties agree as follows: 1. Recitals. Tho recitals set forth herein are hereby incorporated as if fully set #orth herein. 2. Term. The term of this Agreement shall begin when all of the parties have adopted this Agreement. 3. Financial and Other Support. Tho parties to this Agreement agree to provide financial and other support to the DMC in support of the mission listed below. Except for those funds designated by the individual parties to cover costs associated with specific DMC events, all funds shall be available for use by the DMC as approved in the DMC's budget process. In order to assure that the DMC's annual budget is funded by the parties to this Agreemen#, the parties agree that no later than May 30th of the current fiscal year, the DMC shall forward to the City, CRA, DDA, and Chamber the DMC's proposed budget for the subsequent fiscal year. The City, CRA, DDA, and Chamber shall review the DMC proposed budget, and submit proposed funding amounts for the DMC's subsequent fiscal year to the other parties no later than August 15t" of the current fiscal year. Following the submission of the prapased funding amounts by the parties, the 2 City, DMC, CRA, DDA, and Chamber shall use their best efforts to collaborate with each other in order to insure that the DMC's proposed budget is appropriately funded for the next fiscal year. The parties agree that no later than September 30tr' of each year their respective governing bodies shall consider the approval of an annual amendment to this Agreement #o provide funding for the subsequent fiscal year. The funding to be provided pursuant #o this Agreement and any amendments to this Agreement is subject to the annual budgeting and appropriation process required by the parties' respective governing bodies. In the event City, DMC, CRA, DDA, and Chamber are unable to agree upon funding required to meet the DMC's proposed budget, or in the event the sum of the contributions provided by City, DMC, CRA, DDA, and Chamber through the execution of an annual amendment #o this Agreement does not equal the amounts budgeted by the DMC to be received from the City, DDA, CRA, and Chamber, the DMG shall reduce its budget so that the funding amounts provided by the parties is not exceeded in the DMC budget. (A) CRA -The CRA agrees to provide funding, as provided in this Agreement, pursuant to the CRA's annual budget process. (B) DDA -- The DDA agrees to provide funding, as provided in this Agreement, pursuant to the DDA's annual budget process. (C) Chamber -- The Chamber agrees to provide funding, as provided in this Agreement, as well as in kind services, pursuant to the Chamber's annual budgetary process. {D) City -The City agrees to provide in kind services in support of events sponsored by the DMC as well as those sponsored by the City and for which by 3 contract the DMC provides support. The City may also provide funding pursuant to the City's annual budget process to be utilized fior events as specified elsewhere in this Agreement. The DMC agrees to recognize the CRA, DDA, Chamber and City as "DMC Sponsors" by acknowledging their support in electronic advertisements and signage for events, The DMC shall provide each party with a report on a quarterly basis, no later than October 10'", January ~ Ot", Aprii ~ Ot", and July ~ 0{" for each fiscal year, detailing the use of the funds provided pursuant to this Agreement. The reports provided by the DMC shall be in writing and detail how the DMC expended the fiunds in relation to administrative operations andlor events, and how these activities supported the marketing and promotion of the downtown area. In addition, the DMG shall provide a budget versus actual report, a written narrative of the highlights of the budget versus Actual expenditures, and a balance sheet. ~. Termination. A party may terminate its participation under the terms of this Agreement by giving 60 days written notice to the other parties; provided however, the party(ies) who terminate(s) shall pay the amount that it budgeted for the fiscal year and shall not be entitled to any refund. A termination by a party to this Agreement does not afifect the status of the DMC as a 501(c}(6) corporation. 5. Office Location. The DMC shall maintain its office for the period of this Agreement at the offices of the Chamber of Commerce, 04 SE 5~" Avenue, Delray Beach, Florida. 6. Fireworks. 4 {A) The DMC agrees to be the named sponsor for the annual fireworks display with the City's cooperation far the annual Fourth of July fireworks. {B) The fireworks display shall take place off the City's public beach or at another location mutually acceptable to the parties. {C) The DMC agrees to be responsible for soliciting of bids and contracting for the fireworks show, barge rental and docking of barge, promotion, advertising and public relations, contracts for entertainment and sound and lighting systems, as may be needed, recruiting, training and scheduling the services of volunteers if needed, and far fund raising and obtaining sponsorship to cover the costs of the event. The City and the DMC agree to cooperate in order to insure that the nocessary permits and approvals are obtained. {D) The DMC shall take all actions to insure that the contracted cost of the fireworks display and other event costs do not exceed tho amount of funds available through sponsorships and the City's annual contributions. {E) The DMC is responsible for the collection and deposit of all cash contributions for the event, including, but not limited to the City's contribution. The DMC agrees to make all payments to the fireworks contractor to include display, as well as all other costs associated with the event not paid for by the City. (F) The City will make a minimum contribution as agreed upon in the City budget process to the DMC for the term of this Agreement, of which said funds may be used to offset the costs of the Fourth of July Fireworks display. Any requested increases to this amount will be considered during the Annual Operating Budget review, 5 (G} The DMC shall provide the City with a properly executed insurance certificate obtained by the contractor no later than June 25~t' of each year of the agreement which indicates that the fireworks contractor has general liability insurance with a minimum policy limit of $1,000,000.00 per occurrence with the City, CRA, DDA, and Chamber of Commerce and the DMC named as additional insured on the policies. (H} The DMC shall also provide a properly executed indemnification agreement, a copy ofi which is attached hereto as Exhibit "A'°, and incorporated herein by reference, signed by the fireworks contractor no later than June 25th of each year of the Agreement. (I) In addition to the foregoing, the City shall provide, at its own expense, the site of the event, crowd and traffic control, trash removal, portalete, portable lighting, electrical hookups, barricading and banner hanging, and be responsible for the public safety operation and coordination of the event at which the fireworks are displayed. 7. Ar# & Jazz on the Avenue and Similar Events. (A) The DMC shall hold "Art & Jazz on the Avenue" events or events similar thereto each year. (B) The duties and responsibilities of the City far these events is to provide, at its own cost and expense except as otherwise modified in this Agreement, security and traffic control assistance, provide trash removal and clean up assistance, set up of street barricades, hang and remove light pale banners as required, provide EMS assistance when necessary, and provide overall coordination and planning assistance as required. 6 (C) The duties and responsibilities of DMC far these events is to provide, at its awn expense, for fundraising and sponsorship, promotion, adverkising and public relations, contracts for entertainment and sound and lighting systems as may be needed, secure the services of volunteers as needed, and provide the lead for coordination and planning services for the events. (D) As compensation for City services which includes stage rental as well as overtime costs, the DMC will pay the City thirty-five percent (35%), or such other percentage as set by the City, of casts incurred by City, for all City services for the event. The DMC also agrees to pay full costs of any equipment the City is required to rent from a contract supplier to support the event as well as rental cost of the large hydraulic stage. (E) To the extent that the DMC enters into written contracts with a contractor, DMC shall require the contractor to provide an indemnification as provided in Exhibit "A" hereto. 8. Tree and Holiday Events, (A) The City shall, at its own expense, store the tree; transport tree storage containers to and from site, repair and maintain the tree and the accompanying scenes and scene containers, prepare and restore tree site, facilities, property, and equipment to the same condition as it existed on the date preceding the event commencement, provide staff assistance for tree assembly and d'[sassembly, assist in installation of scene containers and scenes, provide overall coordination and planning with assistance from the DMC far tree ins#allation and removal, provide restroom facilities for volunteers, workers, and the pubiic, replace tree and scene components as 7 necessary and provide a cash contribution based on budget availability. The City is also responsible for hiring site security which costs are to be paid by the City, and reimbursed by the DMC. (B) The DMC, at DMC's own expense, shall be responsible for fundraising and securing sponsorships to help offset costs associated with the tree. The DMC is required to obtain City approval prior to adding any additional structures or activities which would increase the City's maintenance, installation, repair, storage, and liability costs. Further, the DMC is responsible for the promotion, advertising and public relations. The DMC shall provide contract services for tree assembly and disassembly to include steel erecting (which includes the rental of a crane and a bucket truck), electrical installation, and transport of tree frame to and from site as necessary and agreed to recruit, train and schedule the services of volunteers to assist in tree and scene assembly and disassembly and in manning the tree when open. The DMC shall also be responsible to plan, schedule, and coordinate the volunteer effort far assisting the City with coordination and planning for tree installation and removal and to provide security at tree site and appropriate cost sharing as approved by the City. DMC is also responsible for collecting and depositing donated funds. 9. First Night. (A) The City shall provide oversight for al! aspects of the event, prepare the budget, review and approve all expense requests and contracts, prepare all requisitions, purchase orders, check requests, and contracts for entertainers, artists, and other vendors, deposit and keep a record of all revenues, provide logistic support and staffing for traffic, security, cleanup and trash removal and EMS assistance, provide 8 barricades, signs, and installation of same, install banners, provide clean-up and trash removal, restore the site, facilities, property and equipment to the same condition as it existed on the date preceding the event commencement. The City shall hire part-time event staff as may be needed and maintain the event license. (Bj The DMC shall recruit, train and schedule volunteers and make event assignments and obtain sponsorships, provide marketing and public relations services and provide technical and planning assistance as needed. The DMC shall assist the City in planning the event, including the selection of entertainers and artists, and other activities, and make recommendations regarding the purchase of supplies and materials. Ali promotional materials prepared by the DMC must be approved by the City. 10. Insurance. if the DMC enters into written contracts with a contractor, far services provided pursuant to this Agreement, the DMC shall require the contractor to provide insurance in amounts acceptable to the DMC and to the City. The contractor shah be required to name the City, CRA, DDA, the Chamber of Commerce as additional insureds for the coverages provided for the event. If the event is located on Oid School Square property, the contractor shall also name Old School Square, Inc. as an additional insured far the coverages provided. 11. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this 9 Agreement, nor shah any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement ~ 2, Governing laws; venue. This agreement shall be governed by the laws of the State of Florida. Venue for any proceeding arising out of this agreement shall be in Palm Beach County, Florida. ~3, finding Effect. All of the terms and provisions of this Agreement shah be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 14. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. Ali prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 15. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. i 6. Responsibilities of the Parties. Each Party shall be responsible for its own negligence and nothing herein shall be deemed a waiver of sovereign immunity or the limits of liability set forth in Florida Statute Section 768.28. 17. Access to Records. DMC hereby gives the other parties to this Agreement, through any authorized representative, upon reasonable notice, access to and the right to examine all records, books, papers, or documents rela#ing to the funding provided pursuant to this Agreement. DMC hereby agrees to maintain books, records and documents in accordance with accounting procedures and practices which 10 sufficiently and properly reflect all expenditures of funds provided by the other parties under this Agreement in accordance with the Florida Public Record laws as provided in Chapter 119, Florida Statutes, as may be amended from time to time, and for at least a minimum of three ~~) years following the termination of this Agreement. DMC hereby agrees that i# it has caused any funds to be expended in violation of this Agreement, it shall be responsible to refund such monies in full to the other parties ion a pro-rata basis), or if this Agreement is still in force, any subsequent request for payment shall be withheld by the other parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATT T: C . ~V ~v Secretary DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: %1 Title: ' STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~~ day of C'Crz.~~,L , 2010 by -I~G_~'' ~#-~r) L ~~~= S as C ,~ ,~ ~1 ;~s ~ . ~ _ of J ~ ~ ; ~ 13 ~ ,-~ f,=~ c. f-~ ~ C ~ %? -- corporation, on behalf of the corporation. HelShe is personally known to me or has produced as identification. ;, Notary`,Public ~- State o Florida ~allly p~~r ~~ JERN MO©REfIELO t/ .ate=~;~ u;`r ; Notary Public -Stale of Flor[da Ny Comm. Expires ,tun 22, 2413 ~'~" 'ae= Commission # O[l 864741 /+''%~°~„~ oPa~ Banded Through National Notary Rssn. ~~ ATTEST: Secretary DOWNTOWN D VE OP ENT AUTHORITY By: Print Name:" /L.AJU d~1A-(~ i'~G~ (rr4 Title: ~ +~~ STATE OF FLORIDA COUNTY OF PALM BEACH The farego~ng instrument was acknowledged before me this 2010 by of day of as corporation, on behalf of the corporation. He/She is personally known to me ar has produced as identification. Notary Public -State of Florida ATTEST: S cretary STATE OF FLORIDA COUNTY OF PALM BEACH GREATER DELRAY EACH CH MBER OP CO RCE By. Print ame: Title: The foregoing instrument was acknowledged before me this ~ day of ~c,~o , 2010 by~f iw„ ('Q,.~~, !r ~~ as ~r ,~ of ~.~ orporation, an behalf of the corporation. HefShe is personally known to me or has produced ~r, ~ARC1hK.~liSfN~AIiI.T ~y Pr - .F,iY Ci)frl~h19S10~4 ~ pD 820807 ~ . a= Z;i~.Ylit~~: Uctoi7e~ 22, 2012 ,* ~~,~;•• tl ~, rurto+~r Urrdc~xriters as identification w Notary Public -State of Flo da 12 ATTEST: City Clerk Approved as legal sufficiency and Form: By: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH CITY ®F DELRAY REACH, FLORIDA By: Print Name: Title: Mayor The foregoing instrument was acknowledged before me this day of 2010 by of as corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Notary Public -- State of Florida 13 ATTEST; Secretary DELRAY BEACH DOWNTOWN MARKETING COOPERAT[VE, [NC, By: Print Name; Title: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2010 by as of corporation, on behalf of the corporation. He/She is personally Known to me or has produced as identification. Notary Public -- State of Florida H:~24061460D18 DBCRAWGMT 24141DMC Agreement REV2(14-i2-10)CLEAN.doe 14 EXHi~IT' "A" INDEMNIFICATION AND HOLD HARMLESS A-GREEMEN7' For and in consideration of the sum of ten dollars ($14.00) and other good and valuable consideration, the undersigned contractor agrees as follows; The Contractor steal[ indemnify, defend and save harmfess to the extent of its insurance coverage, the Delray Beach Downtown Marketing Cooperative, inc., the City of Defray Beach, the Delray Beach Community Redevelopment Agency, the City of Delray Beach Downtown Development Authority, and tho Delray Beach Chapter of Commerce, (herein known as the Indemnitees), their officers, agents, and employees, from or on account of any claims, damages to person or property, received ar sustained by any person or persons during or on account of any'action, activity or inaction arising from or related to the work performed by the Contractor for any party indemnified hereunder; or by or inconsequent of any negligence in connection with the same; or by use of any improper materials or by or on account of any use of any materials or by or on account of any act or omission of the said Contractor or his subcontractors, agent, or servants or employees. Contractor agrees to defend, indemnify and save harmless the Indemnitees, their officers, agents and employees, against any liability arising from or based upon the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by the Contractor, his subcontractors, agents, servants ar employees. Contractor further agrees to defend, indemnify and save harmless the Indemnitees, their officers, agents, or employees from all such claims, fees, and from any and all suits and actions for every name and description that may be brought against the fndemnitees or their officers, agents or employees an account of any claims, fees, 15 royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the Indemnitees, their officers, agents or employees for the in#ringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the Contractor to defend, at his own expense or to provide for such defense, at the Indemnitees' option, any and all claims or liability and all suits and actions of every name and description that may be brought against the Indemnitees, their officers, agents, or employees which may result from the operations and activities under this Contract whether the work be performed by the Contractor, his subcontractor or by anyone directly or indirectly employed by either. This indemnification and hold harmless agreement includes all costs and fees including attorney`s fees and costs at trial and appellate levels, Oid School Square, Inc. shall be included as an Indemnitee for those events taking place an Old School Square property. Dated this day of , 200. Contractor By: Title: 16 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 9, 2010 SUBJECT: AGENDA ITEM 8.P. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 SPECIAL EVENT REQUEST/13TH ANNUAL FIRST NIGHT 2011 ITEM BEFORE COMMISSION City Commission is requested to endorse the 13th Annual First Night 2011 event to be held on December 31, 2010 from 4:00 p.m. to midnight, to grant a temporary use permit per LDR's Section 2.4.6(F) for the use of City rights-of-way and facilities as requested and to authorize staff support as requested and use of a City generator. BACKGROUND First Night is a City sponsored non-alcoholic event featuring local artists and entertainers. The event procession will begin this year in the 600 block of Atlantic Avenue and proceed to the Tennis Center. Children activities again will be focused in and around the Tennis Facilities with the children's finale being held in the stadium. Button prices for this year's event again will be $10 in advance and $15 on the day of the event 12/31/10. In addition, this year we are again running a special promotion of $5 per button for a giveaway to elementary school children. I have attached a copy of the event permit, site plan, the approved budget and other required information. Certificates of Insurance are being obtained through Risk Management for the use of Old School Square and the Court House Parking Garage. The estimated overtime costs for this event are $30,000 and barricades rental costs are $1,800. This is a City sponsored event. Per our event policies and procedures, there are no charges for City services; however, per the budget, First Night will pay the General Fund $12,000 for City Services. Barricade rental will be paid from the First Night budget, as well as portable lighting $4,700 and portalets $1,500. Staff support is requested for traffic control and security, site cleanup and trash removal, barricade set up and removal, signage construction and installation and EMS services. Use of a City generator is also requested. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit per LDR's Section 2.4.6(F) for use of City rights-of-way and facilities as per the site plan and approve generator use and staff support as requested. City of Delray Beach DELRAYBFACH 5 ecial Event Permit a~~-Americaciiy P Application r ~ REVISED 11,2.10 ~ PLEASE TYPE OR PRINT ~ ~~s ~©~~ Event NamelTitle: Event Date(s): First Night 2011 December 31, 2010 Times: ~ : 00 PM -- Midnight Requesting street closure: yes X (lf yes, need timeldate for closure and reopening) no Event Sponsox/Pxaducer: City o~ Delray B `.h Event Contact/Cooxdinator: Robert Barcinski Name: Robert Barcinski Address: 100 NW 1st Avenues, Delray ach, FL 34__4.4- _ Telephone Number: 2 4 3 -- 7 011. Cellular Numbex: 7 0~ -~ 2 7 8 0 E-mail Address: barcins~ci@mydelraybeach. earn Event Description/Purpose: Nan a r~nhnl ; ~ NPw yP~r ~ ~ ~:vP __ Ce.Lebrat.ion teaturina Local artists and entertainer children's amen chit ren an Brief History of Event (If applicable): ~`hi:s.. is.-the 13th ear for this event . Planned Activities (Outline of activitieslnumbex of activities, i.e. entertainment, children's rides, games, other programs): Fire~~orks dis~~iays ~ entertaznment art exhibits and ra ects children' e Page 1 of 5 Page 2 of 5 Number of Individuals Served Previous Year (if applicable): Describe the taxgeted population and expected attendance: All aces 20,000 20.000 Describe how the pragram or project addresses community needs: Protlid >> non al_~oho7 i ~ evens- fnr = ~rPnt.~ ~nc~ r_h_j,.ldxprl-rlAt- held an1where else in South Florida ___ Describe your Marketing/Promotions Program (How will you marketlpromote, i.e, TV, radio, posters, flyers, web sites, other): Sponsor Category (please check) City`i~Non-ProfitlCharitable ^ Private ^ Co-Sponsor -Non-Profit]Private ^ (If Non profit attach proof of SOIc(3), c(4), c(d), C(10), or c(19) or (d) Event Location (Describe area boundaries of eventllocatian}: atlantic Avenue, Swinton to NN/SE 7th, Old School e orthin NE 2nd NE j Site plan attached: yes ~ no (Site plan regrrirerl for enure event site. llnclude locations of tents, stage, pantalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes ~ no (If yes, attach proof of approval} ~ Rental of Old Scllool Square Park: yes ~ ~ no (If yes, attach proof of rental agreement with Parks & Recreation} Private Property Use: yes n no~ (If yes, attach letter giving authorization from property owner) Event budget Revenue & Expenses attached: yes_ ~ no (Required for all events) U:lwwdatalspeciaf Event Requestl~Speciai Event Permit Application Tt>JvISED FINA3. FY30-11(2},doc Page 3 of 5 Previous year Revenue/Expense sumzriary attached: yes~__ ___, no (Required for all events) Arts and Economic Impact Calculator attached; yes~_ no Obtained on line at www.AmericansForTheArts.org (Required for all events except minor events and SK Runs) Do you have cash sponsors for the event: yes ~ no {indicated on budget) Da you have inkind sponsors for the event: yes ~ no (Indicated on budget} Serving or selling alcoholic beverages: yes no If yes, sr~hat entity is obtaining the Alcohol License permit? (If yes, copy of license and alcohol liability insurance required two (2) Weeks-prior to event) - , Event certificate of insurance attached: yes no '",~ ~ /'r Y (Required two (2) weeks prior to event naming the City as additional insarred, also required fvr vendors) Playing of amplified music: yes ~ no (Waiver required) Will there be entertaix>.>ix>ent: yes ~ na (Tf yes, attached list of Performers andlor DJ's} If yes, sponsor agrees all entertainment will be family oriented and.contain no obscenities: yes ~ no Requesting Police assistance; yes ~` no {traffic controllseeurity) Will supplement with private security: yes X no (1f yes, creed plan attached) Requesting Emergency Medical assistance: yes ~ no Requesting barricade assistance: yes /~ no (If no, how are you handling?} ~ Requesting trash removal/clean up assistance: na yes (If no, how are you handling?) ~Pb ~~o~ UsD ~~~~ Requesting trash boxeslcontainers and liners: yes X no Requesting stage use: yes no X (If yes, check type) Large stage {14' x 36'} ^ ,Sn~lall stage {16' x 21'} ^ Half small stage {S' x 21') ^ U:Iwwdatalspecial Event RequestlSpecial Event Permit Application REVISED F~IAL FY10-i 1(2).doc Page4of5 Requesting signage: yes )~ no Type: 4'x4'Event sign Parking Signs ~~,, ~~ Banner hanging ~ Indicate dates required ~°7~'~/~ (Waiver required if more than orre (I) Week prior to event) Requesting City Portable Generator: yes ~ no (Tf yes, size & power} Food and beverage vendors: yes x no If yes, approximate number ~ 1lL~Nbe h / o /.~o a ~' (~~~'s~ (Health Department approval required) yes na X Other vendors: (indicate type) I V~iJ1~~/~ ~~~~ ~S ~ no Tents: yes ~ no If yes, How many What size or size regrdred (If yes, tent permits and fire inspections naay be needed) ~~.) ~ o`,t ~o r L~- ~-a `~ ~/~ ~ ~'~ ~~ ,K ~d ~ Will the event include amusement rides: yes no X (If yes, type arad location and copy of liability insurance required, also requires state license arad irrspectiort.) Will the event be gated: yes X no (Show on-site map) Will there be a charge for the event: yes ~ no (If yes, indicate ticket prices) $ /4 PEA dcrr~~, ~i~v~ r~/,~/~ia ~ ~~s~'~~{~~ Will there be fireworks or other pyrotechnics: yes ~ no (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes no (If yes, carrtact Fire Marshal for inspections) Will you be providing port-a-lets for the event: yes no (If yes, locate on-site map. If no, indicate how yott will ]candle restroom needs) is xeserved parking requested: yes X no (If yes, indicate locations and purpose for arse) U:Iwwdatalspecial Event RequestlSpecial Event Permit Application ItEVISI~1? 1+'TNAL FY 10-11(2),doc Page 5 of 5 Event Permit Attachments: ~~RevenuelExpense Budget __"~Revenue/Expense Recap Last Years Event Site Plan Arts and Econo>inic Impact Calendar Letter Requesting Noise Ordinance Waiver ~//~ Letter Requesting Waiver Consumption Alcohol Beverages " ~/~ Proof of Non-Profit.Status General Liability Insurance Certificate /~ Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Haxmless Agxeexnent, notarized. Submittal Date Requirements: ~ Minor Event 4S 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 Event ContraetorlCoordinator Please print: R~6Eti-~` ~. Br-~G,~S~ ~j~o~,~ Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.V41. 1St Avenue, Delray Beach, Florida 33d4~. Required with pexnnit application. For Staff Use Only Date Received Application fee received $ ~~~ L1:livwdatalSpecial Event ReguestlSpecial Event Permit Application REVlSEI] FINAI, ~'Y10-1 I (2).doc 'a °f 0000 0 o000 0 ° O oo 0 g, 0 Q ' p 0 0 o to m T~ E*J T Y P 'C" E!3 ER Ef-t Ff} EF? Ef}I 64 fd O 47 O O Lf> 7 O N O O ~ N Q ~ !.f 3 i37 O O d CO N O C7 Q7 cD ad [7 o d~ d N ~ lD ~ ~ M T ff} Ef} ER ER Ef} Ef} 4A ~°' I~ id C7 O d' O ~ ~ O Es3 'd' C7 ~ Al ® Q O Efl N C~ 00 O V' ~ O t77 d d ~ N ~ ~C3 M f"" LL ~ ~..~,. ~ ^ t" Efl d9 Efl EfT Ei4 ER ER ~- N ~' ~ ° ° o 0 ~ o o o 1 1 ~ a aoo ~ o l~ C~ ~ } ~ ~_ t t Ll.. r ffl ER Efl EA 64 EA ~' ~"' IC Q 00 00 d ~ o- oacao 0 Q a iciooo ui 0 0000 0 h C O r Q 0 0 N ~ ~ r c'~ ~ a1 LL ~} Eft ~3 Ef? Eft --. 6Y . 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Print Your Results '~ Please see the fine~.rint below. D@ff nl#IOt1S Total Expenditures: The total dollars spent by your nonprofit arts and culture organization and its audiences; event-related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated communities. Back to Calculator FTE Jobs: The total number of full-time equivalent (FTE) jabs in your community that are supported by the expenditures made by your ar#s and culture organization andlor its audiences. An FTE can be one full-time employee, two half-limo employees, four employees who work quartet-limo, etc. Back t4 Ca[culator Household tncome: The total dollars paid to community residents as a result of the expenditures made by your arts and culture organization andlor its audiences. Household income includes salaries, wages, and proprietary income. Back to Calculator Government The total dollars received by your local and state governments (o.g., license fees, Eaxes) as a result of the Revenue: expenditures made by your arts and culture organization andlor its audiences. Back to Calculator vVhen using estimates derived from this calculator, always keep the folfoaving caveats In mind: i;t) the results of ibis analysis are based upon the averages of similarly populated communities, (2) inpuUautput models were customized for each of these similarly populated communities, providing very speciftc employment, household income, and government revenue data, and (3) your results are therefore estimates, and should not ba used as a substitute for conducting an economic impact study that is customized for your community. 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" e ~ ~ ~, ., ° f,,; ~ '~ .,., i x~~ s~ t, ,,,. %r s. ~ ...t„ ~t ii ~' ~~ , r ,., ~ ~ .,,,~ „ ~ ~ y +~ -N ~ ~~ ~ ~ ~E ~- ~ ~ i i7 ~~ ~ ~ I F fr ~ ~ , r ~~ ,, ~n~ ~ ~ ~~~ ~~ ~~ ` F,, _r k E , ka ,,,.' t ~~ ~' ~. a, , ~ i ~ ~. F,{ III , T ~ ~ ~ w~ ~ j w ~ 7 l ~. !,~y v ,, ~,. , - ... s ~~ .. ~. . ,~ , ~,~' i ' ~' ~ ~ ..~~~ e~ } F ~~ ~~ r., ~SS~r,4 s ~. ~ ~'" .~rv~ ~ ~ , j , ~ ~ „, ~~~ r ~ ~1 I~~~~ +~ ~ ^`. ~~ , y v ~. ~~~~. ;,, ~. a ~~ ~ ~ ~. ~ ~, .: ~ ~ ~. pp _~ s ~ .. ,;, ~ , ~ ~ ~ ~y , , ,,,,~ { ~ ;'., J n, I i~ 4 ~ i J I Y ~ ~ I, ~ !~ ~ ~r I ~ i 4~{ J t, ~~ r ' A ~ ~ .,,,.w ' ..b.~ t"Gi ~ R ! r , ,~, .~q, ~ tr~', 4 i ~ }, i ~~ ~!~ dw4~" - ~, ~. i Ili. ~ ws " uiii( ~"' ,; I ~, !; ~ ~ i ti ~ ~ IIII~. ~~ ~ I i ~ :~ ~,,: .. ~ t... , i il~~~ll a. ,~ z7~' Xwn,. ,.. ~b2 ~ q -~` ~.. .. '~`„ '. ~ ', it ~ I ~°,. w,j. ,~~ t ... ,.; , .. ~, .. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 10, 2010 SUBJECT: AGENDA ITEM 8.Q. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 SPECIAL EVENT REQUEST/12TH ANNUAL GARLIC FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 12th Annual Garlic Festival to be held February 11-13, 2011, to grant a temporary use permit per LDR's Section 2.4.6(F) for use of City rights-of-way to include NE 1st Avenue from Atlantic to the grass area at Old School Square, Swinton Avenue from Atlantic to NE 1st Street and Old School Square Park, from 6:00 a.m., February 10 through midnight, February 13, 2011; and use of the Old School Square Parking Garage, CRA parking lots in block 60, north City Hall lot, the City Attorney lot and the County Parking Garage or lots for event parking. The City is also being requested to supply staff support for traffic control and security, EMS assistance, barricading, banner hanging, signage preparation and installation. Use of a City generator and waiver of the two (2) hour parking limit in the downtown area during the event are also requested. BACKGROUND Attached are letters, event permit, budget, site plan, and additional information on event benefactors received from Nancy Stewart, Executive Director of Delray Beach Arts, Inc., requesting City Commission to endorse the 12th Annual Garlic Festival, to use City rights-of-way, to place event signage and banners and to provide staff support for security, banner hanging and other assistance including parking as outlined in the permit. The event sponsor will be responsible for liability insurance, event management and set up. The overtime cost for this event is approximately $13,900; signage costs $250 and barricades $200 for a total estimate of $14,350. Based the Special Events Policies and Procedures the event sponsor will be required to pay approximately $10,875. Proceeds from the event will again be shared with volunteer organizations. This past year approximately $22,100 was given to volunteer organizations. The event sponsor will need to make a request direct to the CRA for use of their lots in block 60. We will also have to obtain permission for use of the County Courthouse Garage. All paid garage lots will be manned by the Police Explorer Scouts with proceeds split between the City and the Scouts on a percentage as may be agreed to. All other lots will be manned by the City's parking contactor. RECOMMENDATION Staff recommends endorsement of the event, granting the temporary use permit, approval of staff assistance and generator use as requested and waiver of the two (2) hour parking limit downtown with the following conditions: . Receipt of event Certification of Liability Insurance no later than fourteen (14) days prior to the event. . Receipt of Certificate of Liquor Liability Insurance no later than fourteen (14) days prior to the event. . Liquor cannot be served prior to noon on Sunday. . Event sponsor is required to provide on-site dumpster service for vendors. . Event sponsor is required to provide grease disposal barrels on-site for vendors. . Installation of event signage and banners to be hung no earlier than fourteen (14) days prior to the event and sharing poles with the ITC/Champions Tournament. . Require all vendor equipment and fencing to be removed from City right-of-way no later than 7:00 a.m., February 14, 2011. . Require all other items to be removed from the Old School Square site by 5:00 p.m., February 15, 2011. . All trash and garbage to be removed from the event area by 7:00 a.m., February 14, 2011. . That charges for City services are subject to event policies and procedures that may be in effect at the time of the event. October 11, 2011 Mr, Bob Barcinski City of Delray Beach 100 N.W. 1 Avenue Delray Beach, FL 33444 Dear Bab, ®ELRAY ®~ACH '~ a I am submitting our request for approval of the 12th Annual Delray Beach Garlic Fest which will be held on Feb. 11, 12 & 12, 2011. We are requesting the following items to be added to the City Commission agenda at your earliest convenience: Use of Swinton Avenue from Atlantic Avenue North to NE 15~ Street. This portion of the street will be closed from 6:00 am Thursday, February iQ~h through midnight Sunday, February 13, 2010, Use of Oid School Square Parking Garage and Court House Parking Garage for event parking and have the Police Explorers staff garages with 50% proceeds going towards their organization. Requesting that 50 spaces in the Old School Square parking garage reserved for Garlic Fest sponsors all three days. {With Old School Square Grounds closed beginning Wednesday, Feb. 91'' to begin setup.} Use of Oid School Square Parking Garage Lawn Area, formerly the Parking lot due east of Old School Square. We will be having our handicap access and vendor entrance on NE 1st Avenue between the main stage and the Oid School Square parking garage. Vendors, located on Swinton will tear dawn completely after close of the event on Sunday, Feb, 13th. Thls festival wlll again be a gated event with an admission fee of $i~per person. This admission fee is charged In order to guarantee monetary contributions to volunteer and non-profit organizations working our event. We recorded charitable contributions to date of $279,6z.1.(?0 far the non-profit organizations. Event dates are Friday, February 11th, 2013. {5:00 pm - 11:00 pm), Saturday, 12th, 2011 {11:00 am to 11:00 pm} and Sunday, February 13th, 2011 (11:00 am to 7.00 pm). PARKING: 1) Courthouse/Library Parking Garage ®elray F3each Arts, 2) Oid School Square Parking Garage 3) CRA Parking lots 2, 3 & 4 /Block 60 North side of Clty Hall Inc, 4) City Attorney lot 64-l3 SE Sth Avenue Should you have any questions, please contact me at 2790907. Thank you for your Delray Beach consideration and support! Florida 33483 Sponsor Info: Sincerely, Tel; (5S1) 279-09©7 ~~'7cc7,r ~,C/G~ ~~~'~a~ Vendors & General Info: 'Tel; (561) 279- Nancy Stewart-Franczak 0907 Executive Director Fax; (561) 278-066.ri www.dbgarllafest,cam GF GarllC Fest City Req LU 2011.doc City of Delray Beach Special Event Permit Application PLEASE TYPE OR PRYNT Event Name/Title: 12r~' Annual Delray Beach Garlic Fest Event Date{s): Feb 11, 2011 /Times: 5 pm -- I1 pm Feb 12, 2411 /Times: 11 am -11 pm Feb 13, 2011 1 Times: 11 am - 7 pm nrt~Y ~fACli s a~~s ~~a Requesting street closure: yes x no (If yes, need timeldate for closure and reopening) Swinton Ave north to 1ST Street and NE lst Avenue to alley be innin Thursda Feb. 11 2411 6 am• reo en Sunda Feb. 13 Event SponsorlProducer: Delra Beach Arts Inc. Event Contact/Coordinator: Nancy Stewart-Franczak Name: Nancy Stewart-Franczak Address: 64-B SE 5`~` Avenue, Delray Bench, FL 33483 Telephone Number; 551-279-0907 Cellular Number: 561-743-7028 E-mail Address: Haney rr avenuecreative.com Event Description/Purpose: Gourmet food & entertainment event featuring National Act entertainment, cooling„demos & competitions, over 154 craft & specialty vendors, children's area, full liquor bar. beer hardens; designed as a community fund-raiser for IS local non-profit organizations in support of arts andlor education for yout. Brief History of Event {If applicable): Now it it's 12°i year, the event has become one of the top 3 events in Delra eneratin na#ional attention featured on the Food Network's ro ram "Unwra ed" and has raised over $279,G21 to date for community ar~anizations. Planned Activities (Outline of activitieslnumber ofactivities, i.e. entertainment, children's rides, games, Other programs}: Garlic Chef competition, na#ional act entertainment, cooking demos, int'1 beer & wine arden children's rides & activities Gourmet Alle full li uor bar ands ecial vendors Number of Individuals Served Previous Year (if applicable):35,000 Describe the targeted population and expected attendance: Palm Beach Broward & Dade Coun attendees primarily, small percentage from we_st_coast and Martin county. Describe how the program or project addresses community needs: Economic engine for downtown businesses and restaurants drives traffic to downtown businesses and hotels fund-raiser for 151ocal non-profit or~ariizations. Describe your Marketing/Promotions Program (How will you marketlpxomate, i.e. TV, radio, posters, flyers, web sites, other}: Street siena~e, TV {FOX-29), Radio (Clear Channel Broadcasting: 98.7 - Gator, lOS.S 1 _KOOL,-95.5 -WILD, Real Radio WZZR,1290 - W,INO), Newsnaners (Post & Sentinel, Tradewinds), Magazines (Atlantic Ave and Boca Raton Magazines), Billboard on I-95, Posters, Flyers, Web exposure, street sins, street banners, email blasts. Sponsor Category (please check) City ^ Non-Profit/Charitable X Private ©Co-Sponsor - Non- ProfitiPrivate ^ (If Non ~rofrt attach proof of 501c(3), c(4), c(6), C(10), or c(19) or (d) Event Location (Describe area boundaries of event/location}: Grounds of Old School Square, Swinton Avenue beeinnin~ at Atlantic Ave to NW 15' Street and NE 1151 Avenue (ta include new nark area} Site plan attached: yes X 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 X (attached) no (If yes, attach proof of approval} Rental of Old School Square Park: yes~_ no {If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use; yes no X {If yes, attach letter giving authorization from property owner) Event budget attached: yes X (attached) no (Required for all events) Previous year Revenue/Expense summary attached: yes X no (Required for all events} Arts and Economic Impact Calendar attached: yes X {attached) no Obtained on line at www.AmericansForTheArts.org (Required for all events except minor events and SK Runs) Do you have cash sponsors for the event: yes X no. {Indicated on budget) Da you have inkind sponsors for the event: yes X no (Indicated on budget) Serving or selling alcoholic beverages: yes X no (If yes, copy of license slid alcoltol licr6ility i`tsttrttnce required two (2) weeks pa~ior to event) Event certificate of insurance attached: yes no X (Required two (2) tiveeks prior to event taat~aittg the City its additional insured, also required for vendors) Playing of amplified music: (Waiver required) yes X no Will there be entertainment: yes X no {If yes, attached list of Performers andlor DJ's) Y:1tiARl.IC FES'IIGARLlC FES'r 20111CTTY TNFa12011 GARLIC PEST Special Event Pern~it Application_doe If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes X no_ Requesting Police assistance: yes X (Plus outsource} no (traffic controUseeurity) Will supplement with private security: yes X no (If yes, need plan rrttaclrerl) Requesting Emergency Medical assistance: yes X no Requesting Street Closure: yes X no (If yes, need time/date for closure and reopening) Swinton Ave north to 1st Street and NE 1st Avenue to_ alley beeinnigg„Thursday, Feb. 11, 2011 (cry, 6 am; reopen Sunday, Feb. 13 Requesting barricade assistance: yes X no. (If no, how are you handling?} Requesting trash removal/cleanup assistance: yes no X {Will be billed to sponsor} Requesting trash boxeslcontainers and liners: yes na X Requesting stage use: yes no X (If yes, check type) Large stage (14' x 36') n Small stage (16' x 21') n Half small stage (8' x 21') Requesting signage: yes X no Typc: 4'x4'Event sign X Parking Signs X Banner hanging X Indicate dates required Js>rn 28 -Feb 14 2010 (Waiver requirerl if ttrore tliarr ante (I) week prior to event) Requesting City Portable Generator: yes X (Whatever is available} (If yes, size & power) Food and beverage vendors: yes X no If yes, appraxirnate number 20 (Health Department approval required) yes X no Other vendors: yes X no_ (Indicate type} Craft s ecial food Tents: yes X no_ If yes, How nanny 150 What size or size requirerl 10' x 10' 1 Clear Spart teat by main stage (60' x 80') (If yes, tentperttrits and~re inspections may be needed) Will the event include amusement rides: yes X no (If yes, type acrd location and copy of liability ittsrtrance required, also requires state licefrse ararl inspection.) Y:IGARLIC FESTIGARF.IC FEST 201 I (CITY INPO1201 I GARLIC FE3T Special Event Permit Appiicatian.doc Will the event be gated: yes X no (Show on site map) Will there be a charge for the event: yes• X ($ I O) no (If yes, i~idicr~te ticket prices) Will there be fireworks or other pyrotechnics: yes no X (If yes, co~atact Fire Marshal to o6tarn and complete permit opplicretion) Will there be cooking with compressed gas: yes X no (If yes, cofrtact Fire Marshal for ifzspections) Will you be providing port-a~lets for the event: yes X no (If yes, locate on-site map. If jto, i~tdicate hofv you will liaftdle reslroo~t needs) Is reserved parking requested: yes X no (rf yes, ijidicate locations antl pr~rpose for t~se) Event Permit Attachments: X RevenuelExpense Budget X Revenue/Expense Recap Last Years Event X Site Plan X Letter Requesting Noise Ordinance Waiver X Letter Requesting Waiver Consumption Alcohol Beveragcs X Proof ofNon-Profit Status to come_General Liability Insurance Certificate Alcohol Beverage Liability Certificate X Proof of Rental Agreement or Authorization Letter from Private Property Owner X Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event `~ ~(,t-u1 cud ~ ~7 ~ u t y / /~ . ~_ Event Contractor/Coordinator Date Please print: iU 5r~~.c~~-2T- Fr~uyGZGc.-~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 15t Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Onl ~- Date Received ~~~~~~ U Application fee received $ ~<~ Y;1GAItLIC I~ES'I'IGAI2I.IC PEST 20I I1C1TY II~3I'0124I I GARLIC F);ST Special Event Permit Application.doc --- - _.. -- - - - ~ . a ~. . is~~ c~ran.•.s.a s ~~ tt+ C~ICYJ38 ~1 s ~~[ _ _ ~_ 1 ~ - - i oa g ~~_ - - --- - --~ ~,.~ - - - - - X533 ~ ~ ~ ~ -~.~>~..,,~, ~Ei ,a„ ~u~ rc tt ~ ~ o~ ~~ ~~~- ~ ~~ as.q Aa..., - - ~ ;, ~ i . ~ ~~' !{~. E#ti :~?' • ~~l- E i ! ' ~ # Cd ~' r ~ (1 era air raa ism. ~ I ~ • '~', t : • ~?,.'' Yd1! to -r!- ~! , E ~a' ~~ ' a' 3' . { ~a. ~ ~ ! • .~' r~ 1 s= .~C ill i '.5fj f 7 ~" } '3 ~ ~~ ,r _ 1 _ 1 l ra I ~, ~ + E:. 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Val S_yt ~y~p .q' 1 ~ j~ ~ 11~~ ?~~ ~_ i .111 ._-_ - _. _ ~~~- --- -- ~ -- ~ ~ 8- --_- +fp~ .._..__~___-~----- ,~~ e- p --a}_------ .mac ---~--~`• • x ~-~ ,,. ~'• 6fl ~ a4 N.'~,:r.e ~• 63F s~.. area ~ ~ 9~ ~R a~ ak ~ i~ ~ ~ ~ ~` s tC FG E4 . a a ht U o ~ ~ m n ~ ;1 .,ACS' 7S Ls SS 6S dl F9 t9 /5' £S is 1S OS Gy SR Lh R rn S~ d ~~ a. ,~ * ~ 01 I ~ b xm xoa ~ ~ ' +`' a - ~ 6E oh 1h L6 £b hh Sh to ~s s£ h£ 56 cF ~ IE ~ ~ a h ~ ~ ~ SSi ~ ~ ~ ~ U ~~N ~ a/W~ a. ~e eeM/v s~.om r•*~e-Q. assu~u 9h GG o~ At r EL ~ £ ~ 1 x as - nme5rteo--new a ~vn r~raW Untitled Document Page 1 of 1 Gar rf ~ ~~~~ r S .'~ ~ ~ +fK~~ ~~ I~ - It li ^ ~.]Il~liiFSa:~HI~, G-,s +i 'i [ihIl~~Ui11 1~fi i11rF k,11~~~1i ~"a 1,~l~~nl•~~~I D}1~_ t~[ellli 71 ~,IC, ~j ]Ilr STEP 1: POPULATION POPULATION of your community: 50,000 to 99,999 STEP 2: TOTAL EXPENSES (optional} Your Organization's TOTAL EXPENSES (please do not use commas}: $ 400000 STEP 3: TOTAL ATTENDANCE {optional) TOTAL ATTENDANCE to your arganizalion's arts events (again, do not use commas}: 35000 cafcuEate reset ,~ ~ ,i~ if ll ~ ~~ i~ta~F 1.linll~f i` ii~,7,t11_ [ -1i1~ ~ ~~dd~'.,~t!i~F, l ~3 is1,lf~JiilnL_liit ~ y~J~a~7rNiil]ilt i~.~~1.Llilihl~ I i ~ ~: iiil~4~LiT ~ ~~ ~ ~ ~~ ~ ~ Nonprofit Arls and Culture $400,000 Organizations: Nonprofit Arts and Culture $792,750 Audiences: Total Industry Impact: $1,192,750 (The Svm of Organizaiions and Audiences) 12,4 $263,036 $13,644 20.9 $321,571 $31,488 33.3 $584,607 $45,132 Print Your Results Please see the fin,~„e printbelow. $15,584 $36,903 $52,483 Total Expenditures: The total dollars spent by your nonprofit arts and culture organization and its audiences; event-related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated communities. Back to Calculator FTE Jobs: The total number of full-time equivalent (FTE) jobs in your community that are supported by the expenditures made by your arts and culture organization and/ar its audiences. An FTE can be one full- time employee, two half-time employees, four employees who work quarter-time, etc. Back to Calculator Household Income: The total dollars paid to community res'sdents as a result of the expenditures made by your arts and culture arganizatian andlor its audiences. Household income includes salaries, wages, and proprietary income. Back to Calculator Government Revenue: The total dollars received by your local and state governments (e.g., license fees, taxes} as a result of the expenditures made by your arts and culture organization and/or its audiences, Back to Calculator When using estimates derived from this calculator, ahvays keep the following caveats in mind: ('!)the r~s~lts of this analysis are based upon the averages of similarly populated communities, (2) inpuVoutput models wore customized for each o(theso similarly populated communiiias, providing very specific employment, household income, and government revenue data, and (3} your results are therefore estimates, and should not be used as a substitute for conducting an economic Impact study that Is customized for your community. © Copyright 2007 by Americans for the Arts. www.America nsForTheArts.or http://www,americansforthearts.orglinformation services/reseat~ch/services/economic_Impact/ae... 10/1912010 I~~--,~~ ~~,~ E ~~~ ~~~1_~,~~~I ®ELRAY EAChI GARLIC FEAT EIV~FtCIARIE~ T® ®r4TE (Bold - 2010 Beneficiaries] 505 TEEN CENTER -DELRAY BEACH YOUTH COUNCIL ALEXANDER W. DREYFOOS JR. SCHOOL OF THE ARTS ATLANTIC COMMUNITY HIGH SCHOOL BAND BOOSTERS ATLANTIC HIGH SCHOOL EAGLE-ETTES ATLANTIC HIGH FOOTBALL TEAM ATLANTIC HIGH JUNIOR VARSITY GIRLS BASKETBALL AVDA (AID TO VICTIMS OF DOMESTIC ASSAULT BANYAN CREEK ELEMENTARY SCHOOL BOCA THUNDER TRAVEL BASEBALL BDYNTON BEACH COMMUNITY HIGH SCHOOL TIGERETTES BOYNTONIDELRAY EXCHANGE CLUB BOY SCOUT TROOP 301 BROOKDALEFOUNDATION CARING KITCHEN OF C.R.O,S. MINISTRIES CARVER MIDDLE SCHOOL CHILDREN HOPE & HORSES CITY OF DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY COREBRIDGE EDUCATIONAL ACADEMY DELRAY BEACH CHAMBER OF COMMERCE EDUCATION FOUNDATION DELRAY BEACH PUBLIC LIBRARY DELRAY BEACH POLICE EXPLORER POST 319 DELRAY BEACH FIREFIGHTERS DELRAY BUSINESS PARTNERS -CHAMBER OF COMMERCE LEADS GROUP DELRAY DESTROYERS TRAVELING BASEBALL DREYFOOS COMMUNICATION ARTS PARENT ASSOCIATION FUTURE BUSINESS LEADERS OF AMERICA HAVEN FOR ABUSED CHILDREN HOSPICE OF PALM BEACH COUNTY MORIKAMI PARK ELEMENTARY SCHOOL OLD SCHOOL SQUARE EDUCATION MENTORING PROGRAM PINE GROVE SCHOOL OF THE ARTS PINEAPPLE GROVE --DELRAY BEACH PINEAPPLE GROVE ART WALK PROJECT THANKSGIVING ROSA TUSA SCHOLARSHIP FUND S.D. SPADY ELEMENTARY MONTESSORI MAGNET SOUTH FLORIDA DYNAMICS ST. VINCENT FERRER CATHOLIC CHURCH SUNRISE KiWANIS UNITY OF ATLANTIC HIGH SCHOOL YOUNG SINGERS OF THE PALM BEACHES X10 DANCE TEAM 2010 CONTRlBUT14NSµ $22,?00 * Tofal Contributions fo Dafe = $279, 627.87 BENEFICIARIES TU bATE.bOC 2010 Garlic Fest Income Outline ~,~ ~_ ~~n AamisSions Gate - Advance Tickets Membership Contracted Service Revenues $ 155,648,aa $ 155,000.00 I $ 190,0( $ 648.00 i $ 190,00O.OOI I ~ i Other Revenue $ 130,024.00 '~~° $ 135,200,00 Alcohol Sales ' I $ 130,024.00 $ 48 OOO,OA Mercantile Sales ~ $ 1,500.00 Tent/Table iiental _ _ _ $ 2,700.00 Vendor Fee income $ 40,000.00 Food Income (25% of gross) I ~ t---- - --__ $ 29,000.00 ____ Children's Area (Rides: 15% of _ gross) ' _ $ 14,000.00 I Corporate Contributions $ 50,216.00 ~ $ 70,Oaa.aO Sponsarsh~p __- _... __~ $ ' 60,216.OOI ~, ' $ 70,000.00 Other I TOTAL. $ 345,888A0 $ 345,88$.00 $ 395,200.00 $ 395,200.00 2010 GF PRpP05ED CITY Bf1DGET.XLSX 1 2010 Garlic Felt Fxnense OritlinP ~~~ le - J ~ ~ ~~, F A i~ J ~ ~~ + S Aq' _ ~ S°~Ab~ jG~1 y ~ i . f ~ A pY ~ ~ ~ . :: ,.. ~ /~ & ~ 'nic~ Y~ tj ], l.: . .37% ~p x ~ c 11 '- 1~_ l '°-`~-°~[ ~~ ^ ~ ~ ~ ~ "~~~ ~IT~E' ~B~~~A~~1.7I1='i~l~~l~ .-- ~1~ ~ _y ©~ ~~©5 ~ ~~~ ~ ~ Y 1 y j-'F A F ~ B~]9Df ': 3 i~D c , . ~1 )} yy ~~ ;; qq * , f y :,I',{ ~ '.~~11~ ~ ABJiHn1~~ rr 33 q 1 =.i~n~r9 ~IrI ]~' ~ I .7 r -1 1:~A1 r7H1~~~• , . _ . -~a ~} -- - Personnel-AdminlMarketing~ ;~ 89,301 A0 91 150.00 Office Staff Person-Full Time $ 31,30D.D0 $ 36,000.00 Vendor Coordinator ~ $ 5,375.00 $ 6,000.00 Volunteer Coordinator T $ 1,250.00 --__.~_._ W_ $ 1,250.00 Executive Director ~ _ $ 18,DD0.00 $ 18,000.00 .. CFO -----__..._ $ 18,000.00 $ 18,000.00 Operations Manager & ops staff _ _.__ $ 9,250.00 $ 6,500,OD - - Garlic Chef Stadium Manager & staff $ 2,400.00 $ 1,500.00 Payroll taxes ~ $ 3,72&.00 $ 3,900.00 __..~T Outside Professional Services-Artistic I $ 85,102.00 $ 105,000.00 Commission {safes) __ $ 2,000.00 $ 2,OOO.DD Graphic Design ~~~~__. __ _. __ $ 4,852.00 ;~ $ 5,000.00 Photographer $ 1,500.00 Entertainment (Natl Acts, booking fee} ~ ~ $ 60,250.00 $ 70,000.00 Sound & Lights ~.._..._...._-- _-_ -~. ..._~ 26,500.00 $ 28,000.00 Outside Professional Services-Other $ 63,094.00 $ B6,850A0 City Services (Fire, Police, P&R, Public $ 9,494.00 $ 11,DD0.00 Works _ Contract Labor (Emcee, Cash Roam, Intern, $ 9,000.00 $ 11,500.00 Bars Private Security ~ $ - 7,750.00 $ B,OOD.00 ~_~__~_ Stage Techs__-.__...-___~.___ _ _. .~_ _.~$ E 3,500.00 $ 3,500.00 Professional Fees (Accounting, Legal) $ 2,850.00 $ 2,850.00 Volunteer Canfrlbutlons ` $ 30,500.00 $ 30,000.00 Atlantic High Eagle-effes Atlantic High School Band Boosters Banyan Creek Elem Schoo! Boy-Scout Troop 301 Brookdale Foundation Caring Kitchens of C.R.O. S. Ministries Delray Beach Police Explorers Post 399 ~ Delray Business Partners -Chamber Leads Group ._..m ~_~.__. Delray Rangers Traveling Baseba!! _ _ S.D. 5pady Elementary Montessori Magnet ' I Space Rental for Program ~ $ 12,500.00 $ 14,OOOAO Old Schooi Square Culkural Ar#s Center 12,500.00 $ 14,000A01 RentlMartgage $ 6,900.00 $ 8,400.00 Office Rent ~~~ $ 5,000.001 $ 6,00O.OOj Storage Rent _ ~ $ 1,900.OOi $ 2,4fl0.00 2010 GF PROPOSED CITY BuDGET.XLSX 7f11!] f;arlir i=act ~YnPnSP C]IitiinA © ~~ - a~ dpi ~r~ la ~i a~~~~t~,,11~ ~~~'~ ~ ~ :. ~ ~ ~ ~ ~ y Y - i~ - ` ~ 'i ~_ ~ - ~~ ~~ = = __ _._ ~ _~ ~. .~. m __ - -. -- ~. MaricetinglAdvertising `` $ 15,341.Od $ 15,260.U0 Advertising Fee $ 3,390.00 y_,_ $ 3,40x.00 ___..._ _- .~_. Annual ReportlCorp Filing Fee 2x9.00 $ _-._- $ 225.x0 __ _..-_ Street Banners __~ -~^ ~ $ 3,200A0 $ 3,000.00 ---- gillboard -_ $ 750.00 $ 750.00 Printing _ _ i $ 525.00 ~ $ 760.00 Web Hosting ~ 225.00 .__ r $ 225.00 _ _,._..._.,.. __-T Television Ads ~ _._... _ _ NewspaperlSpecia! Section $ 3,100.00 $ 3,500.00 Software $ 650.00 $ 66x.00 Meals/Entertainment $ 1,875.00 $ 1,250.x0 Postage ____.j $ 1,425.Oa $ 1,500.00 TraveilSupplteslOther $ 16,266.00 $ 16,500.00 Hotel rooms-National Acts $ 7,000.00 $ 6,0x0.00 Hotel rooms-Staff $ 1,5a0A0 $ 1,500.00 _..._ _ --- _ W---- --- ---.... __ __ Office Supplies $ 6,502.00 __.. __ $ 7,Oa0.0a . ^^ Meals-Staff-Meetings $ 1,264.00 $ 2,000.00 Remaining Operating Expenses ,$ 81.134.00 89 075At1 Apparel (Val. shirts, hats, staff, mercantile $ 4,000.00 $ 4,000.00 items) ~ '` Automobile expense $ 455.00 $ 500.00 Bank Service Charges 1 Fees 1 Finance $ 6,975.00 $ 14,025.00 Charges Beer 1 Liquor cost $ 28,850.00 $ 35,x00.00 GeneratorslPower $ 11,5x0.00 $ 12,Oo0.0a _..... Capital Equipment $ 887.x0 Fencing '; $ 4,495.Ox $ 5,000.00 Dues & Subscriptions ~ $ 857.00 $ 500.00 EducationlSeminars I $ 425.00 $ 500.00 Equipment Rental (Diesel fuel, port-a-lets, $ 6,542.00 $ 3,500.00 repairs, radios, tents, tables, chairs, tower j lights, sound & li htin9) Garlic Chef Stadium (aprons, food, supplies, $ 4,850.00 $ 5,000. 0 rize money tro hies , 1 00 409 _ $ 1 400 0 0 , . Ice ~ $ , . Insurance ~ $ 2,450.00 , $ 2,550.00 Licenses & Permits $ 300.OO j $ 300.00 Miscellaneous (ADT, reimbursed expenses) 918.00- ~ _ Cleaning Service ~ $ 450.00 __ $ 300.00 GiftslPrizes 1' ' _.. _ Re airs Com uter, a u~ ment -- ,- ~ 578.0 p ( q p ~ 1 _ --- - - " $ 1,50x.aa ~ __ -. __ _ Telephone $ 2,426.0x 1 $ 2,500.Ox 2010 Gf PROP05EEt CliY BUDGET.XLSX Utilities {Waterll=[ectric) _ _ _ ---_ $ 1,0'[2.00 __ _. ViP Party (trntertainment, bartender) $ 755.00 ------ _____..__._ _. ~ _____-500.00 Total Expenses ,x,379,638.00 ;$ 379,638.00 '$ ~06,~235A0 za~acr paoPfls~deirr gudc~r.xtsx MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: November 11, 2010 SUBJECT: AGENDA ITEM 8.R. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 REVIEW 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 November 1, 2010 through November 12, 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 November 10, 2010 A. Approved (6 to 0, Svetlana Simon absent), a request for a color change for an existing commercial building located at 1731 North Federal Highway. B. Approved with conditions (6 to 0), a Class II site plan modification and architectural elevation plan associated with architectural elevation changes for Waterproof Holdings, LLC an existing industrial building, located on the east side of SW 4th Avenue, between SW 10th Street and Linton Boulevard. C. Approved with conditions (6 to 0), a Class I site plan modification and architectural elevation plan associated with storefront facade and color changes for Advance Auto Parts, located at the northeast corner of South Federal Highway and Avenue "L" within the South Delray Shopping Center (3003 South Federal Highway). D. Approved with conditions (6 to 0), a Class I site plan modification and architectural elevation plan associated with resurfacing the existing storefront columns and changing the awning color for Atlantic Prime, a proposed restaurant, located on the south side of East Atlantic Avenue, east of SE 1st Avenue (110 East Atlantic Avenue). E. Approved with conditions on a 5 to 1 vote (Rustem Kupi dissenting) a Class IV site plan modification associated with the construction of a 369 unit multiple family development for Alta Congress, located on the west side of Congress Avenue, approximately 1,620 feet south of West Atlantic Avenue. Concurrently the Board approved the landscape plan (6 to 0) and the architectural elevation plan 5 to 1 (Rustem Kupi dissenting). Historic Preservation Board Meeting of November 3, 2010 1. Approved (5 to 0, Dan Sloan and Pam Reeder absent), a request for Certificate of Appropriateness for exterior alterations on a contributing property, located at 44 East Atlantic Avenue. 2. Reviewed the request for 32 East Atlantic Avenue to reclassify the structure as contributing per the 2009 Resurvey recommendation for properties located within the Old School Historic District recommendation. The Board on a 5 to 0 vote established a Public Hearing date of November 17, 2010. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map ~~~ CITY COMMISSION MEETING - - - - ~T,~~~~~T _ _ _ _ N , ,~ z) ' NOVEMBER 16, 2010 ~N~~n,~~ ~ ~ - ~ ~~~ LQCAT~QN MAP ~ ~ ~F~~ ~ acn~E PLANNING AND ZONING DEPARTMENT SPRAB: HPB: A. ^731 PJORTH FEDERAL HIGHWAY D. ATLANTIC PP,IP~~1F_ 1. 44 EAST ATLANTIC AVENUE F. ~l'ATERPROOF HOLDINGS. LLC E. ALTA CONGRESS 2. 32 EAST ATLANTIC AVENUE C. ADVANCE AUTO PARTS -- D/GITA[ BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\11-18-10 MEMORANDUM TO: Mayor and City Commissioners FROM: William A. Grieve, P.E., Assistant City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: November 5, 2010 SUBJECT: AGENDA ITEM 8.5.1 -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 CONTRACT AWARD/ROSSO PAVING AND DRAINAGE ITEM BEFORE COMMISSION Request for Commission approval/authorization for award to Rosso Paving and Drainage for construction of an alley north off Tropic Blvd. in the amount of $29,246.00. BACKGROUND The work general consists of the following: roadway construction which includes stabilized and compacting subgrade, installation of limerock base, asphalt wearing surface and curbing. Rosso Paving and Drainage was the low bidder from the pre-qualified bidders that were requested to quote on the project. This unimproved alley runs north off of Tropic Blvd. within the Tropic Isle subdivision. FUNDING SOURCE Funding is availible in 448-5461-538.63-90. Total project cost is $29,246.00. 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C U O rn ° CYPRESS DRIVE 0 o = % Q ~ o Q U ~ N ~ 'p J L~ 0 0 U W ,~ ~ CITY of DELRAY BEACH ®d ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP DATE:O6/04/2010 TROPIC BLVD ALLEY IMPROVEMENT 1R0~~`0A0~LO~P ®~ 434 so~mi SWNTON AVBJUE, oaw-Y BE,4C~1, RoFlOa 3.7444 2010-095 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: November 10, 2010 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 APPEAL/SITE PLAN REVIEW ADVISORY BOARD ACTIONS/ATLANTIC OCEAN CLUB ITEM BEFORE COMMISSION The action requested of the City Commission is that of consideration of an meal of the Site Plan Review and Appearance Board's (SPRAB's) denial of a Class I site plan and architectural elevation associated with the construction of a glass solarium structure on the third floor of the Atlantic Ocean Club. The subject property is located at 217 and 219 East Atlantic Avenue (northwest corner of East Atlantic Avenue and Railroad Avenue). The SPRAB's action was taken on October 27, 2010. The action was appealed on October 29, 2010, by Jose Aguila, agent for the proposed development. This appeal is being processed pursuant to LDR Section 2.4.7(E) Appeals. BACKGROUND The subject property consists of the east 10 feet of Lot 10, and all of Lot 11, Block 84, Town of Delray. The property was formerly occupied by Richwagen's Bicycle Shop and Power's Lounge, which were demolished. Construction of a two-story mixed-use development has been completed but has remained unoccupied. At its meeting of March 30, 2010, the SPRAB approved a site plan modification for the third story restaurant addition and use changes to the existing two-story building now known as Atlantic Ocean Club. At its meeting of September 22, 2010, SPRAB considered a Class I site plan modification, waiver request, installation of an awning over the stair case, and architectural elevation changes associated with the construction of a glass solarium structure on the third floor over this previously approved restaurant addition. After reviewing the project, the Board denied the Site Plan and Architectural Elevations. The applicant requested an additional opportunity to discuss the project at the meeting of October 13, 2010. The applicant provided several alternate colors and material choices, including alternatives in paint color for the frames of the structure, as well as two options for a metal roof rather than glass. After a lengthy discussion, the Board approved (with a 7-0 vote) the rear stair-well red canvas awning, and again denied the site plan and architectural elevations. At its meeting of October 27, 2010, SPRAB considered a new a~lication request for the Atlantic Ocean Club for the glass structure solarium. The applicant provided new drawings and a slight modification to the proposed solarium structure. City Staff and the applicant offered testimony, which supported the development proposal. The Board continued to have concerns with the shed-type shape of the glass structure and the white color of the metal frame of the structure. The Board was also concerned with the glass structure being a foreign design element that did not match the uniformity and design of the existing building. The Board denied again the site plan and architectural elevations for the Atlantic Ocean Club by a vote of 3-2. Mr. Jose Aguila, agent for the proposed development, has submitted the attached letter dated October 29, 2010 appealing the action of the Site Plan Review and Appearance Board. The following is an excerpt from such letter: "The purpose of the request to SPRAB was for the property owner to enclose a portion of the roof top restaurant open-air outdoor seating area to create a more controlled environment that can be air conditioned and would insulate the dining public from the intense noise and loud music from adjacent establishments, in particular Johnny Brown's. As the project has been under construction over the last few months, it has become apparent and obvious that the loud night-life will be a detriment to the ambiance being sought by this restaurant, and as such, he was looking for an unobtrusive and appropriate way to provide for his desired needs. This request is for a glass and steel frame solarium extending horizontally approximately eleven feet from the existing approved roof enclosure, tying-in to the existing parapet on the east side of the building and constructed of white painted steel with insulated impact glass. Previous to the October 27, 2010, meeting, there were two other reviews: one on September 22, 2010, and one on October 13, 2010, both of which received much Board discussion and subsequent revisions, and both were recommended by City staff for approval as it was their professional opinion that all requirements of the LDR relative to conformance with good design and harmony were met and that the request did not depreciate or devalue the property. Every effort was made to accommodate the previous Board's recommendations in as much as was possible, and after a third review resulting in failure, we are of the belief that their vote is not consistent with their specific role but is more of a preferential design alternative and not consistent with the needs of the property owner. I will also note that two Board members that had previously voted in favor of this request were not in attendance at this latest meeting, and we are confident that had they been in attendance, we would have received the majority vote required, and this request would not have been necessary..... ......We therefore request that you review the actions of the Board and after thoughtful consideration reverse the recommendation of the Board, approve the request as submitted, and allow the project to complete construction in time for the end-of--year celebration. " APPEAL ANALYSIS The proposed basis of the appeal is that the action taken by SPRAB was inconsistent with the Comprehensive Plan and the Land Development Regulations (LDR). Pursuant LDR Section 2.4.7(C)(5), the Board must make findings that the proposed solarium structure does not diminish the practical application of the regulations and that a superior product will be provided if approval is granted. The applicant has attempted to meet the intent of the Land Development Regulations by providing a visually attractive glass structure and unique sight-seeing roof top restaurant that creates the sense of a modern urbanized downtown area which is the intent of the CBD District Design Guidelines. The Board was concerned with the shed-type shape of the glass structure and the color of the metal frame of the structure. The Board was also concerned with the glass structure being a foreign design element that did not match the uniformity and design of the existing building. The Board considered all public testimony and after a lengthy deliberation denied, for the third time, by a vote of 3-2 the request for Class I Site Plan modification and Architectural Elevations of the roof-top glass structure for the Atlantic Ocean Club. The relief being sought is that the denial of the request for Class I Site Plan modification and Architectural Elevations of the roof-top glass structure for the Atlantic Ocean Club, LDR Sections 2.4.7(B) (5) and 4.6.18(E), be reversed and approved. RECOMMENDATION City Commission discretion. . GI.~RKIE • ~OAK_ DS • AC~UII~A • ~~~IITECTS Kohert G. Currie, FAiA Jess M, Sowards, AIA Jose 1`I. Aguiia, AlA October 29, 2410 Ms. Cheveile Nubin, City Clerk City of Delray Beach =-~ ;;~ ~.~ 100 NW 1~ Avenue 9 J"~~4.~~ ~~;~ 3 yt ,=p.- ~~ Delray Beach, Florida 3344.4 '~ ~ Ay~ ~ ~~ Re. Appeal of 51?RAB Board Act#on ~~ `"~~ . ~R ~~ ~n Atlantic Ocean C#ub '~~:~=~~ Meeting dat8 October 27, ~01~ Dear Ms. Nubin: This wilt Serve as our formal rer~uest to schedule at the earliest date o5slble an appeal to the fifty Commission of the decis#on made by the Site flan Review and Appearance Board on October 27, 2010, regarding an elevation change to the Atlantic Ocean Club project. Our appeal is based on the Fact that while we believe our reu~uest to be In compliance with all related Land Development Regulations and 5upporl:ed by Clty staff; the Board members did not limit their con5lderation to LI7N.Section 4.6.18 (~) which States as follows: (1) The plan or the proposed structure 15 in coni'ormity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, 5paciousne5s, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, i5 in its exterior design and appearance of quality such a5 not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3)The proposed structure, or project, l5 ]n harmony with the proposed developments In the general area, with the Comprehensive flan, and with the supplemental criteria which may be set Forth for the 8aard -From time to time. The purpose of the request to 51'I~AB was -For the property owner to enclose a portion of the roof top restaurant open-air outdoor seating area to create a mare controlled environment that can be aIr conditioned and would Insulate the dining public from the Intense noise and loud music From adjacent establishments, in par~lcular Johnny Brown's. Ala the project has been under construction aver the last few months, It has become apparent and obvious that the loud night-life will be a detriment to the ambiance being caught by this restaurant. and as Such, he was looking for an unobtrusive and appropriate way to provide for his desired needs. AlA t°LORiDA P[Rl~l OL~TC~~Yi:AIt 2000 Architecture • Planning • Interior Design • #AA2s©oi 58~ I3~k Cfortheast First Rvenue • oeEray 6eaeh, Florida 33444 • 561-z76-9~9s1 • Pa~c: S6I-3~3-5I64~ • www.esa-areek~iCects.eom .s%1I..a -=r ;~s 7hls request is for a glass and Steel Frame solarium extending horizontally approximately eleven feet from the existing approved roof enclosure, tying-ln to the existing parapet on the east side of the building and constructed of white painted Steel with insulated impact glass. 1'revlous to the October 27, 201D, meeting, there were two other reviews: one on September 22, 20D, and one on October 13, 2D10, bath of which received much Board discussion and subsequent revisions, and both were recommended by Glty stafF far approval as it was their professional opinion that all requirements of the l_Q12 relative to conformance with good design and harmony were met and that the request did not depreciate ar devalue the property. ~vcry efFort was made to accommodate the previous Board's recommendations In as much as was possible, and after a third review resulting (n failure, we are of the belief that their vote is not consistent with their specific role but is more a-F a preferential design alternative and not consistent with the needs ot" the property owner. I will also note that two Board members that had previously voted In favor of this request were not (n attendance at this latest meeting, and we are confident that had They been In attendance, we would have received the majority vote required, and this request would not have been necessary. Pegrettably, we were not aware of their planned absence until the meeting, and we are now in a terrible time crunch as end~of~year events have been scheduled -For the restaurant. In conclusion, it is our professional opinion as the architects for this project that the proposed solarium is an appropriate manner to provide for-the needs of the property owner, has been consistently supported by stafF, will not 6e a detriment to the existing building or adjacent properties, and will allow the property owner to utilize his site in a manner consistent with the requirements of the LDI~ and other slm[lar facilities in the Gity. We therefore request that you review the actions of the Board and after thoughtful consideration reverse the recommendation of the Board, approve the request as submitted, and allow the project to complete construction in time for the end-of-year celebration. Respectfully submitted, CUfi~fi~li= 50WAC~DS ACUILA At~Gf-11T1=CTS (On behalf of the property owner) Jose N. Aguila, AIA, L)=i=D AO' I'rinclpal ~,~.y y .::~, w CITY ~~C~ ATTORNE BUILDING M.L.K. JR. DR. ~ z to ~ Q crTY HALL N.W. 1ST 5T. OLD COMMUNlT ~ SCHOOL ,, CENTER Z SQUARE OLD SCHOOL SQUARE D ~~ ~~ S. W. 2ND A T L A N w w Q w Q 15T 5T. S.E. Q Z N J C W N 7 ST. S.E. T ST. D z O D] z 0 AVEI~U E w Q ST zND D Z O m 2 0 z i '~`'? T ~ PROPERTY ATLANTIC OCEAN CLUB ~ 1 4 ~~ - 4,a " ~ ` ~ 217 & 219 EAST ATLANTIC AVE. ~ ' ' PLANNING AND ZpNING ~?~ jib DEPARTtiEENT 12-43-46-16-01-084-01 D2 LOCATION MAF' -- DIGITAL BASE FIAP SYSTEh! -- MAP REF: 5:\Plonning &Zoning\DBMS\File-Cab\Z-LM 1001-150D\LM1571f3~4t1¢ntic Ocean Ctub $b g bo Qg _ ~ ~ i7 ~ ~ ;~~~ '~ hp~ ~ "' ~ } yyyqq i((dd,~y/JA~~~ 598a~N~ 68~ ~{y~(~~ p~~$ N~ ~ /~s~ D ~ Q Q E '~-~~ q~~R ~~~ p [ ~ 0 ~ ~ Nlll~ Y~~ D 0~~~Ch t ~~L'g 2~t3 C" ~6~ ~ V ~~ ~ ~ 9z-c©-aYOZ °i~s Hor ~nb~is~'~%o Ars .~o xr€sia ~anr .n•sc $~ ~ ~~~ g~~~ ~ ~ z > es,,~ „~, ~ - o m ~i LL r ~ ~ ~~~ ~ ~ k~ i r r ~~ ~~ (~T ~I~ ~ ~ ~ r j i z 5~ 3 ~ ~~ ~~ S F r j f ~ ~~ ~ ~ ~ ~ ~~ ~~ I.3~~ S ~~iz ~ ~ ~~~~ a,~~ ~ ~~ ~s ; ~~~~ ~~a~ ~ ~ ~ ~~~~ -- ~ r~~ ~~~aQ~~ Y "' 3 ~ ssBsss ~ 3 cF IN ~~a _^buu$ 1 ~T~T ~ ~ U ?~ ~~~ ~+ (g¢ ~~ ~~Nq~ V~IbS Wfllzl'v"lOS ZIOd NOI.Lb'Ol~d~ily PJIOZ-LL-PJI Q;E~.a~;~E~~V OUWd~ U~~C~ .~~ I I~ ~~.~~ f I l ~ ~ z I I ~ ~ l ~ ~; 1 l ~ l l ;, 1. j 1 f I I I I I l l r ~o~~ ~~~~ F- ~~a a ~ ~ ~ ~ ~ ~~ ~ Q ~ ~ ~ ~-x ~a o~ v ~ ~ q~ ~ ~ ~R~ ~~~ ~~ W ~~~~~~~ ~~~~~~~~~ ~e ~~ ~ ~a-~o-ataz - ~s ~swaaa 9z-co-oraz - ~s r~ozaanxasNO~ a a ~~ D ~ ~ tl~ ~~ t1 tS n 1. 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I I I I i~li~ I ~ i 113 a I , ~ -- a ~ s /~ jA- ~( 1' 1~~- ~f ~ ~, ;~o ~~ Qz I~ W !~ , -r L r ~ f ~ II i, r' r~ E I ~i Z O F ~ ~ ~~ -- ddJ W ~ Z $ .J, Z Q f~^ W J W r N W ~' °, ~ ~ L~ 1 ~ . ~,_..,-.,...__J,~ r - '~j ~ ~" ~ ~ ! ~~ ~ a c!J Z A ~~ ~w J ZW U~ r ~~; ~~~ ~~ ~ V W fWL' ~ SITE PLAN REVIEW AND APPEARANCE BOARD MEMORANDUM STAFF REPORT Applicant: 217 Atlantic, LLC Project Name: Atlantic Ocean Club Project Location: 217 & 219 East Atlantic Avenue Meeting Date: October 27, 2010 ITEM BEFORE THE BOARD The item before the Board is that of approval of the following aspects of a Class I Site Plan Modification for Atlantic Ocean Club, pursuant to Land Development Regulations (LDR) Section 2.4.5(G)(1)(b): ^ Site Plan Modification; and ^ Architectural Elevations. The subject property is located at the northwest corner of East Atlantic Avenue and Railroad Avenue immediately adjacent to the FEC (Florida East Coast) Railroad and is zoned CBD (Central Business District) [217 & 219 East Atlantic Avenue]. BACKGROUND At its meeting of February 24, 2010, SPRAB approved a Class IV site plan modification and architectural elevations associated with the conversion of the 1,563 square foot second floor apartment to office space; the construction of 924 square feet of mezzanine floor area; the conversion of the 1,249 square foot second floor restaurant to office space; and the construction of 891 square feet of additional restaurant on the third floor. At its meeting of September 22, 2010, the Site Plan Review and Appearance Board (SPRAB) considered a Class I site plan modification to enclose the restaurant space on the third floor with glass (solarium). The proposal includes a waiver request LDR Section 4.4.13(F)(4)(c)(2), to reduce the required building frontage setback at 15' minimum from 88.6' to 78.5'; and to reduce the required building frontage set back at 5' from 38' to 20', and architectural elevations for Atlantic Ocean Club. After reviewing the project, the Board approved the waiver request and denied the Site Plan and Architectural Elevations, based on findings that the request was inconsistent with the Comprehensive Plan and did not comply with the criteria set forth in the Land Development Regulations. The applicant felt that the Board denied the project with no clear direction, and thus, requested an additional opportunity to discuss the project to obtain direction on redesign of the proposal at the next meeting. At its meeting of October 13, 2010, the Site Plan Review and Appearance Board (SPRAB) voted to allow the applicant to be reconsidered. The applicant provided several alternate colors and material choices, for the frames of the structure, as well as two options for a metal roof rather than glass. After a lengthy discussion, the Board approved (with a 7-0 vote) the rear stair-well red canvas awning, but again denied the site plan and architectural elevations. The applicant has provided additional clarification with revised architectural elevations and resubmitted a new Class I Site Plan modification application. The application has a glass solarium structure with white painted frames. The site plan modification is now before the Board for approval consideration. II.C. Site Plan Review and Appearance Board Staff Report: meeting of October 27, 2010 Atlantic Ocean Club - Class I Site Plan Modification and Elevation Changes DEVELOPMENT PROPOSAL The development proposal consists of the following: • Construction of a glass solarium with white painted frames on the third floor to extend the restaurant area; • The south face of the solarium will be pulled away 5' (to the north) from the south parapet wall, in-line with the existing egress stair; • The horizontal glass running north/south will extend fully on the east elevation; and • All the vertical lines -mullions and structure -will be lined-up with the established lines of the clerestory windows above. REQUIRED FINDINGS LDR Section 2.4.5(G) (5) (Findings) Pursuant to LDR Section 2.4.5(G)(5), formal findings are not required for a Class I or II modification. ARCHITERCTURAL ELEVATIONS Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. (1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. A glass solarium structure with white painted frames is being proposed on the third floor of the existing building to extend the restaurant area. The south face of the solarium will be pulled away 5' (to the north) from the south parapet wall, in-line with the existing egress stair. All the vertical lines -mullions and structure -will be lined-up with the established lines of the clerestory windows above. The horizontal glass running north/south will extend fully on the east elevation. The applicant has indicated that the main goal of the proposed glass structure is to allow the clientele to have a quiet and peaceful environment while enjoying dinner. The applicant has also indicated that in order to preserve the restaurant from the noisy atmosphere generated from neighboring establishments along East Atlantic Avenue, an enclosed solarium glass structure has been proposed. The roof-top restaurant is intended to serve also as asight-seeing area where customer will enjoy a view of Delray Beach at night while enjoying dinner. Based on the above, positive findings with respect to LDR Section 4.6.18(E) could be made for the proposed roof-top glass structure. 2 Site Plan Review and Appearance Board Staff Report: meeting of October 27, 2010 Atlantic Ocean Club - Class I Site Plan Modification and Elevation Changes ALTERNATIVE ACTIONS A. Postpone with direction. B. Move approval of the Class I site plan modification and architectural elevations for Atlantic Ocean Club, 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 complies with the criteria set forth in the Land Development Regulations Sections 2.4.7(B) (5) and 4.6.18(E), subject to conditions. C. Move denial of the of the Class I site plan modification, and architectural elevations for Atlantic Ocean Club, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not comply with the criteria set forth in the Land Development Regulations Sections 2.4.7(B) (5) and 4.6.18(E). RECOMMENDATION By Separate Motions: Site Plan Modification: Board discretion. Architectural Elevations: Board discretion. Report prepared by: Estelio Breto, Senior Planner Attachments: ^ Site Plan and Architectural Elevations 3 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the Site Plan Review and Appearance Board's denial of a Class I Site Plan and Architecture Elevation associated with the construction of a glass solarium structure on the third floor of the Atlantic Ocean Club located at 217 & 219 E. Atlantic Avenue has come before the City Commission on November 16, 2010. 2. The Appellant, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the Site Plan Review and Appearance Board's denial of a Class I Site Plan and Architecture Elevation associated with the construction of a glass solarium structure on the third floor of the Atlantic Ocean Club located at 217 & 219 E. Atlantic Avenue. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsection I. I. LDR REQUIREMENTS A. Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. (1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environmental or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. A roof-top Buddha Sky bar and restaurant is being proposed. The applicant has indicated that the main goal of the restaurant is to allow the clientele to have a quiet and peaceful environment to enjoy the oriental type of food that will be offered by the commercial establishment. The applicant has also indicated that in order to preserve the restaurant from the noisy atmosphere generated from neighboring establishments such as the Johnny Brown Restaurant, an enclosed solarium glass structure is being proposed on the roof-top. The impact resistant glass structure solarium proposed for the roof-top restaurant fronting East Atlantic Avenue and the Railroad Avenue will create the sense of modern urbanized downtown development which is the intent of the CBD District Design Guidelines. Have the requirements of 4.6.18(E) been met? Yes No 3. The City Commission has applied the LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the appeal and hereby adopts this Order this 16th day of November, 2010, by a vote of in favor and opposed. ATTEST: Chevelle Nubin City Clerk Nelson S. McDuffie, Mayor 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: November 10, 2010 SUBJECT: AGENDA ITEM 9.A.1 -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 WAIVER REQUEST/ATLANTIC OCEAN CLUB ITEM BEFORE COMMISSION A waiver request to LDR Section 4.4.13(F)(4)(c)(2) to reduce the portion of the building which is required to be set back a minimum of 15' from 88.6' to 78.5'. Pursuant to LDR Section 4.4.13(F)(4)(c) (2), at least seventy percent (70%) or 88.6' of the frontage shall be set back a minimum of fifteen feet (15') from the property line for Atlantic Ocean Club. BACKGROUND Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The Atlantic Ocean Club building (originally know as Bob's Famous Bar) is anon-conforming structure with regards to compliance with the CBD Design Guidelines. The building site is constrained by the fact that it is bounded by three roadways. It is noted that this nonconforming building and the physical limitations and constraints of the site (narrow frontage of 4T and 70' at the rear, and irregular shape make it difficult for the applicant to achieve a design product that is both functional and visually attractive while complying with the CBD Design Guidelines. Thus, a balance or compromise should be reached between the LDR requirements and a good quality architecturally designed product. The applicant has indicated that the main goal of the third floor restaurant is to allow the clientele to have a quiet environment to enjoy dinner. In order protect the restaurant from the noisy atmosphere generated from neighboring establishments along East Atlantic Avenue, an enclosed solarium glass structure is being proposed on the roof-top. The configuration of the glass structure proposed encroaches into the setback area required along the Railroad Avenue right-of-way. The required building frontage along Railroad Avenue setback a minimum of 15' needs to be 88.6' (70% of the lot frontage 126.6'x0.70=88.6'). The applicant is proposing 78.5' of the building frontage set back at the 15' minimum. The waiver request to reduce the required building frontage set back a minimum of 15' from 88.6' to 78.5' is now before the City Commission. The CBD District Design Guidelines are geared mostly towards the design of structures with commerciaUretail uses on the ground floor and residential uses in the upper floors. In this particular case we have commercial/retail on the ground floor, office on the second floor and additional commercial use (restaurant) on the third floor. The roof-top restaurant will serve also as alight-seeing area where customer will enjoy a view of Delray Beach at night while enjoying dinner. The roof-top glass enclosure would be operationally unfeasible if the required building frontages were imposed. Further, the required setbacks cannot be accommodated along the east elevation given the conflict between the CBD Design Guidelines requirements, the existing non-conforming structure, and the free-of-noise type of environment required by the proposed roof-top sight-seeing restaurant. The applicant has attempted to meet the intent of the code via provision of a sloped and visually attractive glass structure fronting East Atlantic Avenue and the Railroad Avenue right-of-way, creating the sense of a modern urbanized downtown development. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.5 (B)(5). RECOMMENDATION Move approval of the waiver request to LDR Section 4.4.13(F)(4)(c)(2) to reduce the required building frontage set back at the 15' minimum from 88.6' to 78.5' by adopting the findings of fact and law contained in the staff report, and finding that the waiver request is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 2.4.7(B) (5) of the Land Development Regulations. CITY A TTORNE ) I BUILDING M.L.K. CITY HALL CENTER Jft. DR. iv•r. zr LEJ ~ } a Z ~ Ls.l o o! J Q a a z. a N.W. 1ST ST. N.E. OLD ~ SCHOOL Lv ,,; a SQUARE z ~ OLD SCNDOL SQUARE A T L A N T I C a 5. W. 0 Z N U7 S. W. 2N D 15T S.E. z N 5T. 5. E. A V E N U E w Q w LLI ~ ~ Q ST 2ND ~~ ~ , ~~ ,, N SUBJECT PROPERTY ATLANTIC OCEAN CLUB , ~~ ~' ~- PLANNING AND ZONING 0 217 & 219 EAST ATLANTIC AVE. ~.- =r ~ ' DEPARTMENT i2-43-46-16-01-084-0102 LOCATION MAP -- OlG1TAL BASE MAP SYSTEM -- MAP ftEF: 5:\Plonning & Zoning\OBMS\File-Cab\Z-LM 1001-1500\LM1171B~klantic Ocean Club 6 ~~.~~ ~ ~ ~e ~~ ~3~x U b Q U y~6! ~44 ppQQ E fx~~ 8°.~°~~ Y~ ~ ss I ~Y ~o ~~ ~4 ~ ° ~ ~ ~ { ~~ ~8~ ~ B 5~ ~~~ ~ ~ ~~ ~ ~~ ~~ ~i1X ~ ~ ~~~~ ~~~~~ F~ ! a ~~_ ~~~ ~~~~ ~ ~ a~a~~ a~s# ~ ~~~ ~~~~~~ ~~~~.~ ~~ s ~~~ ~ ~e~i ~~~ 9~~~ ~~~~ ~~~~ ~ ~ ~~~~ ~~b ~Q~ T~ b~~ Y ~ y ~ e ~ ~ F z~b~be~ ~ ~~~ 'm ~~aar ~~ a8 ¢~ R ~ ~~ ~~ ~~~ ~~ ~~ ~~ ~~~ ~, ~U ~~~~ 0. ao~~ lvnt JO J,H9M A3tlr ,0'el -~ g n~~ ~~~~ ~~~ ~~~ ~ ~~~e~~~ ~ ~ ~g ~ ~ ~~aaaa ~~~~~~~~ ~ ~~ ~ ~ ~~ ~ ~ so-yo-oTOZ - ~s .uw~~d 9Z-LO-OiUZ - i3S NOTJ~C12liSNOJ ~n~4~~os ~~ NOllt~'~l-fdd'9' OIOL-LL-~I ~;F~1~Q;~F~U OU~~Z" U.ai~(A j ! f ! f f~ 1 f 1 J ~ z 1 l ~ ~ I~ ci f j w ~~ 1 1 ~ 1. ~ a 1 5 j 1 1 1 i ~'°~ ~ ~ ~ ~ Q ~ ~~~_ U O Q ~ Q ~ ~~A@ ~~ ~ ~ a o r ~ ~~a ~~a~4444 ~~6~R~~~~~~ ~ ~ ~ ~o ~ SU-tiO-OtOZ - J,~S 1TkR[3d 9Z-LO°OIOZ -135 NOLL7RNJSNO'J y ~~ ~~ _~ tl R ~ ~ ~ ~ ~~~~ ~~~ a~~~~ ~ ~ ~~ ~~~ ~@ oooom ~~~ ~~ R ~ ~~ ~~ f n~ ~~ ~~gg 9 ~E ~~ ~y §~ 1 ~~ ~s ~~ .~ I U~ ~. ~~ ~~ 1-Itll3G. -'-.~0~ Nfliib'~lZddV ~S~L-6~-S0 . .;,;')\O~Jclclly S~1DI/~~c'Jd PImL-PE-£~ 2 O r a ui u3 ; ~~ zs ~1: z 0 a w w r u~i ~ L 0.' a~ a~ Q F N z O_ N~ to ~, a~' U ~ ~.1 4 H~ s - ~U W~~ IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTED BY THE ATLANTIC OCEAN CLUB 1. This waiver request came before the City Commission on November 16 2010. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waivers requested by the Atlantic Ocean Club. All of the evidence is part of the record in this case. 3. Waivers: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 4. Building Setback: Pursuant to LDR Section 4.4.13(F)(4)(c)(2), the required building frontage along Railroad Avenue setback at a minimum of 15' needs to be 88.6' (70% of the lot frontage 126.6' x 0.70 = 88.6'). The applicant is proposing a 78.5' building frontage setback at 15' minimum. Should the waiver be granted for the building setback? Yes No 5. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 6. 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 which supports the findings set forth in this Order. 7. Based on the entire record before it, the City Commission approves denies the waiver requests and hereby adopts this Order this day of November, 2010, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: November 10, 2010 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 WAIVER REQUESTS/DALLEY LAW OFFICE ITEM BEFORE COMMISSION Consideration of four waiver requests associated with the Dalley Law Office project: two waiver requests to LDR Sections 4.4.13(F)(4)(a) and 4.4.13(F)(4)(b)(1) regarding the required building frontage and front setback along NE 6th Avenue; one waiver request to LDR Section 4.4.13(F)(1)(a), to reduce the requiredoverall minimum height of the building addition from 25 feet to 15 feet, and one waiver request to LDR Section 4.6.18(B)(14)(iv)(2), to reduce the minimum transparency surface area on the ground floor for non-residential buildings from the required minimum of 75% of the wall area to 42% along the west (front) elevation. BACKGROUND At its meeting of October 27, 2010, the Site Plan Review and Appearance Board (SPRAB) approved a Class III site plan modification, landscape plan, and architectural elevations for the Dalley Law Office associated with the conversion and interior renovation of a 2,263 sq. ft. commercial building for use as a law office. The project includes a 726 sq. ft. building addition consisting of 221 sq. ft. of new interior space and a 505 sq. ft. open porch. The SPRAB also recommended approval of four waivers. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following narrative in support of the first two waivers (encroachment into front setback and reduction of the portion of the building meeting the minimum 15' setback requirement): "The existing columns in front of the building are 3"into the front setback and with the expansion of the colonnade to the South, the new columns will Iine up with the existing. The condition of the infringement is existing and would require the removal of the existing structure. Because this infringement is an open colonnade and not a solid wall, there is no negative impact upon the individual passing the property. Physically approaching the building, the feeling of the main front wall of the building is +10 feet from the front property line. The colonnade definitely enhances the appearance of the front of the building and will be a positiveexperience for a pedestrian passing and entering the property. " Waiver Analysis: Waiver #1: Front Setback Encroachment The existing building was built in 1971 while the Central Business District (CBD) Design Guidelines were implemented much later in 2004. The required 45 feet building frontage along SE 6th Avenue meets the maximum 10 foot setback, but the column line of the existing building encroaches 3 inches into the minimum 5' setback, making this building non-conforming. Since the extension of the porch maintains the existing column line, it will also encroach into this setback. With the addition and expansion of the existing porch, the portion of the building encroaching into the front setback will increase from 26.5 feet to 40 feet. The CBD Design Guidelines are geared mainly towards new mixed-use and residential buildings in the downtown core area. Since the Dalley Law Office building is an existing non-conforming building, the renovation would not be practical if the required building setback was imposed. The applicant has attempted to meet the intent of the code via the expansion of an open arcade along SE 6th Avenue, creating the sense of an urbanized downtown development consistent with the intent of the CBD Design Guidelines. Since the encroachment is part of this arcade and not a solid wall, there is no negative impact on the streetscape. The arcade will enhance the appearance of the front of the building and will be visually attractive while providing a positive experience for pedestrians passing by and entering the building. Under these circumstances the waiver can be supported. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.5 (B)(5). Waiver #2: Reduction of Portion of the Building Meeting the Minimum 15' Setback The required building frontage along SE 6th Avenue set back a maximum of 10 feet needs to be between 35' (70% of the lot frontage 50'x0.70=35') and 45' (90% of the lot frontage 50'x0.90=45). While this requirement has been met, the remaining length of the building frontage along SE 6th Avenue must be set back at least 15'. This length of building must be between 5' (5'+45'=50') and 15' (15+35=50'). The applicant has proposed to reduce this requirement to 2.6'. Thus, a waiver is required to reduce the remaining length of the building frontage set back 15' or more from 5' to 2.6' . The site design is constrained by the width of the lot, which is only 50.2' . This makes it difficult to comply with the building frontage requirements of the CBD Design Guidelines while accommodating the proposed building addition and expansion of the existing porch. It is noted that lots 50' or less in width are exempt for these design guidelines. The aesthetics of the building with the porch wrapping around the south corner would be compromised if the width of the porch had to be reduced to accommodate the 15' minimum setback at the southwest corner of the building. Under these circumstances the waiver can be supported. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.5 (B)(5). Waiver #3: Building Hei hgt~. Pursuant to LDR Section 4.4.13(F)(1)(a), overall height of buildings in the CBD zoning district shall be a minimum of twenty-five feet (25') and a maximum of forty-eight feet (48'). The proposed building addition does not comply with the minimum height since a height of 15' is proposed. The applicant has submitted a waiver request from the required building height with the following narrative in support of the waiver: "The building is an existing one story building and will remain a one story structure. The existing parapet height is around 15 feet and the addition of 10 more feet to the building would definitely make the "ONE" story building look top heavy. The building is 40 feet wide and the height of the proposed addition is aesthetically appropriate for the existing height of the building. Adding height will not add to a positive statement for this structure, relative to the adjacent properties, especially the parking lot to the South. The proposed height is appropriate and makes the positive statement of balance and proportion to the front of the building. The additional 10 feet of height is totally the wrong addition for this building. " The purpose of this requirement is to ensure consistent development with the existing built environment along SE 6th Avenue and neighboring East Atlantic Avenue, which is predominately two-story buildings. The existing height of the building is around 15 feet and staff agrees that an additional 10 feet in height for the building addition would make it look top heavy and out of proportion with the rest of the building. The existing character of this area is lower buildings such as the single story Mellow Mushroom restaurant and the Art Gallery to the north. Thus, given the context of the built environment, the proposed building addition with a height of 15' is consistent with the surrounding properties. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Accordingly, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. Waiver #4: Minimum Trans~arenc~ Pursuant to LDR Section 4.6.18 (B)(14)(iv)(2), the transparency or glass surface area on the ground floor wall of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation. All storefronts or glass areas abutting the street shall be transparent, non-solar or non- mirrored, and have a light transmission reduction of no more than twenty percent (20%). The proposed west (front) elevation for the Dalley Law Office Building does not meet this requirement (42% is proposed), and thus, the applicant has requested a waiver to this LDR requirement. In support of the waiver the applicant has provided the following statement: "The use of this building will be a "law office" and the requirement for exposure to Federal Highway is minimal. If this was "retail" occupancy, it would definitely be an asset to have 75% or more of the front in glass for exposure. However for offices, this is not practical to the use. There are (5) 3 feet wide X 6 feet high windows proposed for the West front elevation wall which is 40 feet long. The double wide front entry doors also are located on this West front wall. The windows plus the doors add up to more than 21 feet of width along the front. The combination of the windows, the doors plus the columns on the front of the building will make a positive aesthetic statement to the experience of the person passing or entering the "law office" not "retail" building. " The intent of this requirement is to provide a pedestrian friendly environment that encourages window shopping. This is a crucial design element in an urban setting in terms of generating the desired interest for pedestrians. However, the subject property is located approximately one block from the City's core downtown area (Atlantic Avenue, Pineapple Grove Way, etc.). The property does not share in the pedestrian relationship with Atlantic Avenue and since this building will house a law office, the need to create the same pedestrian corridor as the core area is not present. Given the location of the property, it is more prudent to expand the existing, visually attractive building arcade and soften the front facade of the building. The new impact resistant fixed window storefront, the double entry Mahogany wood door facing SE 6th Avenue, and the colonnade will make a positive aesthetic statement to pedestrians. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. REVIEW BY OTHERS The SPRAB reviewed the waiver requests at their meeting of October 27, 2010 in conjunction with review of the Dalley Law Office proposed development. After a brief discussion, the Board adopted a recommendation of approval of all waivers on a unanimous vote of 5-0. A detailed description and analysis of the proposal is contained within the attached SPRAB staff report of October 27, 2010. RECOMMENDATION By Separate Motions: Waiver #L•Move approval of the requested waiver to LDR Section 4.4.13(F)(4)(a), to allow an encroachment of 3 inches into the required 5 feet front setback along SE 6th Avenue for the structural columns of both the existing porch and a portion of the proposed addition; Waiver #2:Move approval of the requested waiver to LDR Section 4.4.13(F)(4)(b)(1), to reduce the required remaining length of the building that must be set back at least 15 feet from 5 feet to 2.6 feet along SE 6th Avenue; Waiver #3:Move approval of the requested waiver to LDR Section 4.4.13(F)(1)(a), to reduce the required overall minimum height of the building addition from 25 feet to 15 feet., and Waiver #4:Move approval of the requested waiver to LDR Section 4.6.18(B)(14)(iv)(2), to reduced the minimum transparent surface on the ground floor for non-residential buildings from the required 75% of the wall area to 42% along the west (front) elevation; by adopting the findings of fact and law contained in the staff report, and finding that the four waiver requests are consistent with the Comprehensive Plan and meet criteria set forth in LDR Section 2.4.7(B) (5) of the Land Development Regulations. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: October 27, 2010 ITEM: Jason Dailey Law Office Class -III Site Plan, Landscape Plan and Architectural Elevations Associated with the interior renovation and conversion of a 2,263 sq. ft. former carpet flooring and insurance office space to a law office building. Project includes a 221 sq. ft addition for a total of 2,484 sq. ft. GENERAL DATA: Applicant ............................ Agent ...................................... Location .................................. Property Size ............................. Future Land Use Map ............. Current Zoning .......................... Adjacent Zoning ..............North: East: South: West: Existing Land Use ..................... Proposed Land Use .................. Water Service ........................... Sewer Service ......................... Jason Dailey, PA James Gilgenbach 35 SE 6th Avenue to the south of East Atlantic Avenue 0.1498 Acres GC (General Commercial) CBD (Central Business District) CBD (Central Business District) CBD (Central Business District) CBD (Central Business District) CBD (Central Business District) Vacant Insurance/Carpet Flooring Building Law Office Building Water service is available via service lateral connection to an existing 6 inch water main along the east alley r-o-w. Sewer service is currently provided via a service lateral connection to an existing 6" sewer main located along east alley r-o-w. ITEM BEFORE THE BOARD The item before the Board is the approval of the following aspects of a Class III site plan request for Dailey Law Office, pursuant to Land Development Regulations (LDR} Section 2.4.5(F): • Site Plan; • Landscape Plan; • Architectural Elevations; and ^ Waiver Requests BACKGROUEV© The subject property is 0.1498 acres and is located on the east side of SE 6~" Avenue, south of East Atlantic Avenue. The property consists of the south 14 feet of Lot 5 and the north 36.2 feet of Lot 6, less the west 5 feet of said lots, Block 117, Town ofi Linton, as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida. The property contains a vacant commercial building with two bays measuring a total of 2,263 sq. ft. The building was constructed in 1971 and was previously occupied by Delray Beach Carpets and an insurance office. A Class III site plan modification, landscape plan, and architectural elevations far the Dailey Law Office associated with the interior renovation of a 2,263 sq. ft. commercial building for use as a law office has been submitted. The project includes a 726 sq. ft. building addition consisting of 221 sq. ft. of new interior space and a 505 sq. ft. open porch. The proposed law office building is now before the Board for consideration and approval. .'PROJECT DESCRIPTION The development proposal incorporates the following: • Conversion of the 996 sq. ft. retail portion of the existing building to office; • Construction of 221 sq. ft. of additional office space in the front of the building along SE 6'" Avenue; • Construction of 505 sq. ft. open loggialporch along a portion of the west {front) side of the building; • Installation of new impact resistant fixed storefront windows along the west and south elevations of the building with a double entry mahogany wood door along the front elevation facing SE 6t" Avenue; • Installation of a solid waste disposal area at the rear of the building with aroil-out trash and recycle bins; and, • installation of a handicap parking space in the rear parking lot area and associated landscaping. The Class ill site plan modification also includes the following waiver requests: A waiver to LDR Section 4.4.13(F)(4}(a), to allow an encroachment of 3 inches into the required 5 feet front setback along SE 6~" avenue for the structural columns of the existing and proposed porch; 2. A waiver to LDR Section 4.4.13(F)(4)(b}(1), to reduce the required remaining building frontage set back 15 fleet minimum from 5 feet to 2.6 feet. 3. A waiver to LDR Section 4.4.13(F}(1)(a), to reduce the required overall minimum height of the building from 25 feet to 15 feet. Site Plan Review and Appeara Board Staff Report: Meeting of 10/27/1 t] - Da11ey Law Qffice, Class III Sift :. pan, Landscape Plan and Architectural IrEevati~_ :: Page 2 4. A waiver to LDR Section 4.6.18{13)(14)(iv)(2), to reduced the minimum transparency surface area on the ground floor for non_residential buildings from the required minimum of 75% of the wall area to 42% along the west (front) elevation. WAfVER ANALYSIS Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property far another applicant or owner. Building Setbacks and Frontage: Pursuant to LDR Section 4.4.13(F)(4}(a}, the minimum front setback for buildings with nonresidential uses on the ground floor is five feet. The existing building and a portion of the addition encroaches 3 inches into this setback. Thus a waiver has been requested to allow the building to encroach 3 inches into the front setback. Pursuant to LDR Section 4.4.13(F){4)(b}{1), a minimum of seventy percent (70%) and a maximum of ninety percent (90%) of the building frontage shall be set back no greater than ten feet {10') from the property line and the remaining length of the building shall be setback a minimum of fifteen feet (15') from the property line. The following table indicates that a portion of the building does not comply with these requirements and therefore requires a waiver: Dalley ~fFice Buikdit~g 'Comply p Required wl =Road/ /o Building Proposed , Building Required Building ,;LDR? 'Building Frontage Buiiding' ~ Height ?Setback Frontage Side {minlrnax) Frontage i at Setback Y N SI*;Str, Finished 70% 190% 10' max 35'145' 45' X grade to Avenue , 37 for a 50' Lot Remaining , Frontage length 15 min. 15'15' 2.6' X The applicant has submitted the following verbatim narrative in support of the waivers: "The existing columns in front of the building are 3" into the front setback and with the expansion of fhe colonnade to the Soufh, fhe new columns will line up with fhe existing. The condition of the infringement is existing and would require the removal of fhe exisfing structure. Because this infringement is an open colonnade and not a solid wall, fhere is no negative impact upon the individual passing the property. Physically approaching the building, the feeling of the main fronf wall of the building is +9p feef from the front property line. The colonnade definitely enhances fhe appearance of the Site Plan Review and Appeara<..Board Staff Report: Meeting of 10/27/90 Dalley Law Office, Class III Sits; `.an, Landscape Plan and Architectural Elevatia=; Page 3 front of the building and will be a positive experience for a pedestrian passing and entering the property". Waiver Analysis: The existing building was built in 1971 while the Central Business District (CBD) Design Guidelines were implemented much later in March, 2004. The required 45 feet building frontage along SE 6th Avenue meets the maximum 10 foot setback, but the column line of the existing building encroaches 3 inches into the minimum 5' setback, making this building non-conforming, and since the extension of the parch maintains the existing column line, it will also encroach into this setback. With the addition and expansion of the existing porch, the portion of the building encroaching into the front setback will increase from 26.5 feet to 40 feet. The CBD District Design Guidelines are geared mainly towards the design of new mixed use and residential buildings in the downtown core area. Since the Dalley Law Qffice building is an existing non-conforming building, the renovation would not be feasible if the required building setback was imposed. It would imply demolishing the front of the existing building to relocate the columns and build the addition. The applicant has attempted to meet the intent of the code via the provision and expansion of an open arcade along SE 6t~' Avenue, creating the sense of an urbanized downtown development which is the intent of the CBD District Design Guidelines. Since the encroachment is part of this arcade and not a solid wolf, there is no negative impact on the streetscape. The arcade wi11 enhance the appearance of the front of the building and will be visually attrac#ive while providing a positive experience for pedestrians passing by and entering the building. Under these circumstances the waiver can be supported. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.5 (B)(5). The required building frontage along SE 6th Avenue set back a maximum of 10 feet needs to be between of 35' (70% of the lot frontage 50'x0.70=35'} and 45' (90% of the lot frontage 50'x0.90=45). While this requirement has been met, the remaining length of the building frontage along SE 6t~ Avenue must be set back at least 15'. This length of building must be between 5' (5'+45'=50') and 15' (15+35=50'}. The applicant has proposed to reduce this requirement to 2.6'. Thus, a waiver is required to reduce the remaining 5 length of the building frontage setback at 15' or more to 2.6'. The site design is constrained by the small wid#h of the lot, which is only 50.2'. This makes it more difficult to comply with the building frontage requirements of the CBD Design Guidelines while accommodating the proposed building addition and expansion of the existing porch. It is noted that lots of 50' or less in width are exempt for these design guidelines The aesthetics of the building with the porch wrapping around the south comer would be comprised if the width of the porch had to be reduced to accommodate the 15' minimum setback at the southwest corner of the building. The angled transition as the porch wraps around the corner of the building is much more pleasing. Under these circumstances the waiver can be supported. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.5 (B}(5). Building Height: Per LDR Section 4.4.13(F)(1}(a}, overall height of buildings shall be a minimum 25 feet and a maximum of 48 feet. The proposed building addition does not comply with the minimum height Si#e Plan Review and Appear.. l3oard Staff Report: Meeting of 14/27/10 Dailey Law Office, Class III Sits.: pan, Landscape Plan and Architectural Elevatio,: . Page 4 since a height of 15' is proposed. The applicant has submitted a waiver request from the required building height and also the following verbatim narrative in support of the waiver: "The building is an existing one story building and will remain a one story structure. The existing parapet height is around 15 feet and the addition of ~t7 more feet to the building would definitely make the `OIVE" story building look top heavy. The building is 40 feef wide and the height of the proposed addition is aesthetically appropriate for the existing height of the building. Adding height will not add to a positive statement for this structure, relative to the adjacent properties, especially the parking lot to the South. The proposed height is appropriate. and makes the positive statement of balance and proportion to the front of the building. The additional 10 feet of height is totally fhe wrong addition for this building" Waiver Analysis: The purpose of this requirement is to ensure consistent development with the existing built environment along SE 6th Avenue and neighboring East Atlantic Avenue, which is predominately two-story buildings. The existing height of the building is around 15 feet and staff agrees that an additional14 feet in height for the building addition would make it look tap heavy and out of proportion with the rest of the building. The existing character of this area is lower buildings such as the single story Mello Mushroom restaurant and the Art Gallery to the north and the #ormer Tea House building to the south. Thus, given the context of the built environment, the proposed building addition with a height of 15' is consistent with the surrounding properties. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Accordingly, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. Buildings Trans~arency within the Downtown Area --Windows and Doors: Pursuant to LDR Section 4.6.18 {B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75°10 of the wall area for that elevation. All storefronts or glass areas abutting the street shall be transparent, non-solar or non-mirrored, and have a light transmission reduction of no more than twenty percent {24%). The proposed west (front) elevation for the Dailey Law Office Building does not meet this requirement (42% is proposed), and thus, the applicant has requested a waiver to this LDR requirement. In support of the waiver the applicant has provided the fallowing statement: "The use of this building will be a "law office" and the requirement for exposure to Federal Highway in minimal. If this was "retail" occupancy, if would definitely be an asset to have 75%) or more of the front in glass for exposure. However for offices, this is not practical to the use. There are (5) 3 feet wide X B feef high windows proposed for the Wesf front elevation wall which is 40 feet long. The double wide front entry doors also are located on this Wesf fronf wall. The windows plus the doors add up to more than 29 feet of width along the front. The combination of the windows, the doors plus fhe columns on fhe fronf of the building will make a positive aesthetic sfafement to the experience of the person passing or entering the "law office" not "retail" building': Site Plan Review and Appear.: _ Board 5#aff Report: Meeting of 1 D127110 ~- Dalley Law Office, Class 111 Situ.. ion, Landscape Plan and Architectural Elevatic..:,; Page 5 The intent of this requirement is to provide a pedestrian friendly environment that encourages window shopping. This is a crucial design element in an urban setting in terms of generating the desired interest for pedestrians. However, the subject property is located approximately one block from the City's core downtown area {Atlantic Avenue, Pineapple Grove Way, etc.}. The property does not share in the pedestrian relationship with Atlantic Avenue and since this building will house a law office, the need to create the same pedestrian corridor as the core area is not present. Given the location of the property, it is more prudent to expand the existing visually attractive building arcade and soften the front fagade of the building. The new impact resistant fixed window storefront, the double entry Mahogany wood door facing SE 6t" Avenue, and the colonnade will make a positive aesthetic statement to pedestrians. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. S}TE'`PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. Open Space: Pursuant to LDR Section 4.4.13(1=){2), a minimum of 10°1o non-vehicular open space shall be provided; however, within the area encompassed by the boundaries of the original Downtown Development Authority as described in Section 8.2.2{B), and within those sections of the CBD zoning district located within the Pineapple Grove Main Street area and east of the Intracoastal Waterway, there shall be no minimum open space requirement. Since the proposed development is located within the original Downtown Development Authority area, there is no minimum open space requirement. However, it is noted that the proposed development has provided new landscape areas and improved the existing ones. The total landscape area proposed equates to 13.3°/fl. Off-S#reefi Parking Pursuant to LDR Section 4.4.13{G}(1)(g){1), Central Care Area Supplemental Regulations, the parking requirement for business and professional offices within the portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south is established at one (1) space per 300 sq. ft. of net floor area. Net area is defined as the total floor area of a building, measured from the finished interior wall surface of the outer building walls, excluding major vertical penetrations of the floor {elevator and other mechanical shafts, stair wells), mechanical equipment, parking areas, common restrooms, common lobbies, and common hallways. Storage area is included in the net square feet calculation unless it is demonstrated that it cannot be converted to habitable space. The net building area with the proposed addition is 1,593 sq. ft. Accordingly, the proposed 1,593 square foot of net office area (2,484-891=1,5931300=5.3} requires 5 parking spaces. A surplus of 2 parking spaces is being provided for the office building. Thus, this LDR requirement has been me#. Site Plan Review and Appears `` Board Staff Report: Meeting of 10/27/10 Qalley Law Office, Class 111 Sits : pan, Landscape Plan and Architectural Elevatio; Page 6 LDR Article 4.6 ~ Sunnlemental District Regulations: Handicap Accessible Parkin Pursuant to LDR Section 4.6.9{C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. The Florida Accessibility Code for Building Construction and Federal ADA requirements for non-residential properties require a number of parking spaces based on the number of spaces provided in a parking facility, versus the number of spaces required. !n short, the code requires 1 ADA compliant space per 25 spaces up to the first 100 spaces, plus an additional space per each 50 up to 200, etc. The project will provide 7 parking spaces, thereby requiring 1 ADA compliant space. The site plan shows 1 ADA parking space, thus meeting the code requirement. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C) {1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. Instead of a regular dumpster, a roll- out trash bin container and recycle bins have been depicted on the site plan, at the rear of the building on the east side of the property. The solid waste disposal area has been adequately screened with landscape material. Thus, this LDR requirement has been met. Site and Enpineerinq Plan Preliminary Technical Items: The City Engineer has no preliminary technical comments for this project at this time. LAf~DSCAPE PLAN ANALYSIS A landscape plan has been submitted and evaluated by the City Senior Landscape Planner. The plan provides for perimeter landscaping of the parking area. A variety of plants and groundcover materials are employed to enhance the development. The City Senior Landscape Planner has reviewed the landscape plan submitted by the applicant and has found that some landscape technical items wll have to be addressed. Based on the above analysis, the Landscape Plan complies with LDR Section 4.6.16, provided the technical items are addressed. Landscape Plan Technical Items: While the revised site plan has accommodated most of the staff concerns, the City Landscape Planner has not yet undertaken his final review, and thus, the following landscape technical items might still remain outstanding, and if so, will they need #o be addressed prior to building permit submittal: 1. It appears the labels of the POD and 1LX in the SW corner of the site in the area of the proposed sign have been switched. The podocarpus should be in the rear of the planting and the Ilex along the outside edge. Please correct on the revised plans. 2. Please indicate any existing overhead electric lines on the revised plans. 3. The applicant is requesting removal of the existing strangler fig tree. At its meeting of September 30, 2010, the Development Services Management Group {DSMG) denied the removal of the existing Strangler Fig tree, and thus, it is a condition of approval that the Strangler Fig tree shall not be removed from the site. Site Plan Review and Appeara Board Staff Report: Meeting of 10/27/10 Dailey Law Office, Class Ill Sitt: pan, Landscape Pian and Architectural Ele~atio._, Page 7 ARCHITECTURAL ELEVATIONS' ANALYSIS LDR Section 4.6.98 B 14 -Criteria for Board Action: The following criteria shall be considered by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 1. The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The proposed project involves the renovationladdition of an existing building. The proposed architectural style incorporates the typical artistic Mediterranean flavor. This will be reflected in the faux-stone colonnadelwalkway with tiled floors on the west (front) and south sides of the building. In addition, the roof of the covered walkways will have the traditional Mediterranean terracottalclay color barrel tile. The trim at the top of the parapet will also be the same faux- stone material and color as the proposed columns. The double wide Mahogany wood entry doors on the Federal Highway facade will have an arched top, and the opening between the columns will also be arched to emphasize the main entrance to the building. The proposed improvements will enhance both the property itself and the general neighborhood in which this is located. The new fresh up-to-date look of the new facade will make a positive contribution to the surrounding area and the City as a whole. Therefore, positive findings can be made with respect to LDR Section 4.6.18(6)(14). REQUIRED FIC~'DINGS Pursuant to LDR Section 2.4.5[G} [1) [c} Class III Site Plan Modification, a modification to a site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requires partial review of Performance Standards found in LDR Sections 3.1.1, and 3.2.3, as well as required findings of LDR Section 2.4.5{G) {5}. LDR Section 2.4.5fG) (5): Pursuant to LDR Section 2.4.5(G) {5}, a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class III modification. The development proposal involves conversion of 996 square feet of retail floor area to office area and a 221 sq. ft office addition. Pursuant to LDR Section 2.4.5(G) (5), this modification does not significantly impact the previous findings. However, the applicable Future Land Use Map and Concurrency items as they relate to this development proposal are discussed below. 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, written materials Site Plan Review and Appears Board Staff Report: Meeting of 10/27/10 Dailey Law Office, Class III 5iie-. -tan, Landscape Plan and Architectural Elevatioc. Page $ submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: LDR Section 3.1.1(A) -Future Land Use Map: The subject property has a Future Land Use Map (PLUM} designation of Commercial Core {CC) and a zoning designation of CBD which are consistent with one another. Pursuant to LDR Section 4.4.13(8)(3), professional offices are allowed as a permitted use in the CBD zoning district. Thus positive findings can be made with respect to PLUM consistency. LDR Section 3.1.1(B) - Concurrency: As described in Appendix "A", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, and solid waste. LDR Section 3.1.1(D} -Compliance with the Land Development Regulations: As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDRs can be made when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following objective is noted. Future Land Use Element Obiecflve A-7: Property shall be developed ar redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The property is bordered on the west side by a retail store building across SE 6~h Avenue; on the east side by a BarlLounge building across the alley; on the north side by the Mello Mushroom Restaurant; and on the south side by the Delray Beach Municipal Parking lot. The existing building is non-conforming with regard to compliance with the setback and frontage requirements of the CBD zoning district design guidelines. It is noted that the proposed 221 sq. ft. addition and the proposed 505 sq. ft open porch at the front of the property is an attempt to move the building closer to the street and reduce the existing non-conformity in terms of setback and frontage requirements; this in turns brings the development closer into compliance with the CBD zoning district design guidelines in LDR Section 4.4.13(F}. Since adoption of the 1989 Comprehensive Plan, the downtown has changed from a somewhat seasonally oriented shopping area to a more dynamic and vibrant retail, service, and entertainment area with an active nightlife. A critical housing and mixed-use element has been slowly added to the downtown area. The proposed Dailey Law Office will help to fulfill the need of legal, business, and commercial services required by the adjacent commercial, mixed-use, and residential areas. The proposed development will be complimentary to adjacent land uses. Housing Obiective A-11: To assist residents of the City in maintaining and enhancing their neighborhood, the City, through public input and notification, shall take steps to Site Plan Review and Appeart Board Staff Report: Meeting of 1012711 D Dailey Law Office, Class 111 Sif~: , ~lan, Landscape Phan and Architectural 1=1e~atio::; Page 9 ensure that modifications in and around the neighborhood do not lead to its decline, such as these described in the following policies. Housing Polic~A-11.3; 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 shat! 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. Occupation of the existing space and expansion of the existing building will aid in the economic stability of the downtown area. The applicant has indicated that the law office will have only six employees and will receive an average of three clients per day. No Traffic Statement has been submitted by the applicant. The conversion of use from the 996 sq. ft. retail bay to office will diminish the average daily trips generated by the building. Conversion of the retail bay together with the new addition will result in a net decrease of 308 Average Daily Trips (ADT), and thus, no adverse impact on the area is anticipated as a result of this project. Based upon the above, the development proposal will be consistent with Housing Policy A-11.3. l_DR Section 2.4.5(F] (5] -Compatibility (Site_Plan Findings]: The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The fallowing table identifies the zoning designations and uses that are adjacent to the subject property: Zonin : Use: North Central Business District CBD Mello Mushroom Restaurant. South Central Business District CBD Delra Beach Munici al Parkin Lot East Central Business District CBD The alle and a BarlLoun a buildin . West Central Business District CBD SE 6t~' Avenue.and a retail buildin . With respect to the uses, compatibility is not a concern. The development proposal will enhance the aesthetics of the subject property. Further, the neighborhood and the downtown as a whole will benefit by the change of look from a 1970s style building and the inclusion of a renovated structure. Based on the above, a finding can be made that the proposed development will be compatible and harmonious with adjacent and nearby properties and the properties will not experience a depreciation of property values. REVIEVII BY OTHERS Downtown Development Authority (DDA): At its meeting of October 11, 2010, the Downtown Development Authority (DDA) reviewed the development proposal and unanimously recommended approval of the site plan far the Dailey Law Office project. Site Plan Review and Appears _ Board Staff Report: Meeting of 10/27/10 Dalley Law Office, Class III Site. ion, Landscape Plan and Architectural Elevatio. Page 10 Community Redevelopment Aaency (CRA} At its meeting of September 30, 2Q10, the Community Redevelopment Agency {CRA} reviewed the development proposal and unanimously recommended approval of the site plan for the Dalley Law Office project. Courtesy Notices: Courtesy notices have been sent to the following homeowner's andlor civic associations: ^ Neighborhood Advisory Council ^ Delray Beach Chamber of Commerce Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. ASSESSiUIENT AND CONCLUSION The proposed Dalley Law Office is consistent with the zoning and FLUM designations of the subject property and will aid in the long term revitalization of the Central Business District as well as the downtown area. Positive findings can be made with respect to Concurrency and Comprehensive Plan consistency as well as the specific findings required by LDR Section 2.4.5{G)(5), provided the conditions of approval are addressed. ALTERNATNE ACTIONS A. Continue with direction. B. Move approval of the waiver requests, Class III site plan, landscape plan, and architectural elevations for the Dalley Law Office, by adopting the findings of fact and law contained in the staff repork, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G)(5), 4.6.16 and 4.6.1$(B}{14), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move denial of the waiver requests, Class III site plan, landscape plan, and architectural elevations for the Dalley Law Office, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(G)(5), 4.6.96 and 4.6.18(B)(14), and Chapter 3 of the Land Development Regulations. STAFF RECOIIIIMENDATION By Separate Motions: Waiver Requests: 1. Recommend approval to the City Commission of the waiver request to LDR Section 4.4.13{F)(4){a}, to allow an encroachment of 3 inches into the required 5 feet front setback along SE 6th avenue for 40 feet of the existing and proposed parch; by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5). 2. Recommend approval to the City Commission of the waiver request to LDR Section 4.4.13(F)(4){b}(1), to reduce the remaining building frontage setback at 15 feet minimum Site Plan Review and Appeara:.: 'Board Staff Report: Meeting of 10/2711D Dalley Law Office, Class III Si#~ : ian, Landscape Plan and Architectural Elevatio;, Page 11 from 5 feet to 2.6 feet, by adapting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(8}{5). 3. Recommend approval to the City Commission of the request for a waiver to LDR Section 4.4.13(1=){1)(a), to reduce the required overall minimum height of the building from 25 feet to 15 feet, by adapting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with LDR Section 2.4.7(8) (5}. 4. Recommend approval to the City Commission of the waiver request to LDR Section 4.6.18(B)(14)(iv)(2}, to reduced the minimum transparency surface area on the ground floor for non-residential buildings from the required minimum of 75% of the wall area to 42% transparency along the west {front)- elevation, by adapting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7{B) (5}. Class !ll Site Plan: Move approval of the Class Ill site plan for the Dalley Law Office, 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 farth in Sections 2.4.5(G)(5) and Chapter 3 of the Land Development Regulations. Landscape Plan: Move approval of the landscape plan for the Dalley Law Office, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. That three (3) copies of the revised landscape plan are submitted addressing all landscape technical items as indicated and contained in the staff report. Architectural Elevations: Move approval of the architectural elevations for the Dalley Law Office, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(6}{14} of the Land Development Regulations. Staff Report Prepared by: Estelio Breto, Senior Planner. Attachments: ^ Location Map ^ Appendix "A" ^ Site Plan ^ Landscape Plan ^ Architectural Elevations. APPi=ND[X "A" CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1{B), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water is available via a lateral connection to an existing 6" water main located along east alley r-o-w. Sewer service is available via service lateral connections to an existing S" sanitary sewer main within the east alley right-of-way. Adequate fire suppression will be provided via an existing fire hydrant located approximately 50 yards north of SE 1S` Street along the west side of SE 6t~' Avenue. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: The subject property is located within the City`s Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. The applicant has indicated that the law office will have only six employees and that the office will receive an average of three clients per day. No Traffic Statement has been submitted by the applicant. The conversion of use from the 996 sq. ft. retail bay to office will diminish the average daily trips generated by the building. The conversion of use from the 996 sq. ft. retail bay to office will diminish the average daily trips generated by the building. Conversion of the retail bay together with the new addition will result in a net decrease of 308 Average Daily Trips (ADT), and thus, no adverse impact on the area is anticipated as a result of this project. Based upon the above, a positive finding with respect to traffic concurrency can be made. Parks and Open Space: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: Since retail uses generate more solid waste than office uses (10.2 Ibs per sq. ft. per year far retail vs. 5.4 lbs. per sq. ft. per year for office), conversion of the 996 sq. ft. retail bay to office together with the 221 sq. ft. new office addition will result in a net decrease of 1.$ tons of solid waste per year over existing conditions. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024, thus a positive finding with respect to this level of service standard can be made. Drainage: There are no modifications to the existing drainage system which will be maintained (exfiltration trench). Thus, there should be no impact on drainage as it relates to this level of service standard and there are no problems anticipated in complying with SFWMD requirements since the property has been in operation for more than 20 years. Schools: The project contains no residential component. 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[A ~'~ e ~~x ? K i ~ f ~ 1 "A3 I ~; ~t r ~~ 7 P^ , fti ~ ir,'l.~ s ~_ ~ ~7 a ~•. F l I i t t: IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVERS REQUESTED BY THE DALLEY LAW OFFICE 1. This waiver request came before the City Commission on November 16 2010. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waivers requested by the Dalley Law Office. All of the evidence is part of the record in this case. 3. Waivers: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 4. Building Setback: Pursuant to LDR Section 4.4.13(F)(4)(a), the minimum front setback for buildings with nonresidential uses on the ground floor is five feet (5'). The existing building and a portion of the addition encroaches three inches (3") into this setback. Should the waiver be granted for the building setback? Yes No 5. Building Frontage: Pursuant to LDR Section 4.4.13(F)(4)(b)(1), a minimum of seventy percent (70%) and a maximum of ninety percent (90%) of the building frontage shall be set back no greater than ten feet (10') from the property line and the remaining length of the building shall be setback a minimum of fifteen feet (15') from the property line. The required building frontage along SE 6th Avenue set back a maximum of ten feet (10') needs to be between thirty-five feet (35') (70% of the lot frontage 50' x 0.70 = 35') and forty-five feet (45') (90% of the lot frontage 50' x 0.90 = 45). While this requirement has been met, the remaining length of the building frontage along SE 6th Avenue must be set back at least fifteen feet (15'). This length of building must be between five feet (5') (5' + 45' = 50') and fifteen feet (15') (15' x 35 = 50'). The applicant has proposed to reduce this requirement to 2.6'. Thus, a wavier is required to reduce the remaining five feet (5') length of the building frontage setback at fifteen feet (15') or more to 2.6'). Should the waiver be granted for the building frontage? Yes No 6. Building Height: Per LDR Section 4.4.13(F)(1)(a), overall height of buildings shall be a minimum twenty-five feet (25') and a maximum of forty-eight feet (48'). The proposed building addition does not comply with the minimum height since a height of fifteen feet (15') is proposed. The applicant has submitted a wavier required from the required building height and also the following verbatim narrative in support of the waiver: "The building is an existing one story building and will remain a one story structure. The existing parapet height is around 15 feet and the addition of 10 more feet to the building would definitely make the `ONE' story building look top heavy. The building is 40 feet wide and the height of the proposed addition is aesthetically appropriate for the existing height of the building. Adding height will not add to a positive statement for this structure, relative to the adjacent properties, especially the parking lot to the South. The proposed height is appropriate and makes the positive statement of balance and proportion to the front of the building. The additional 10 feet of height is totally the wrong addition for this building". Should the waiver be granted for the building height? Yes No 7. Buildings Transaarencv within the Downtown Area -Windows and Doors: Pursuant to LDR Section 4.6.18 (B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation. All storefronts or glass areas abutting the street shall be transparent, non-solar or non-mirrored, and have a light transmission reduction of no more than twenty percent (20%). The proposed west (front) elevation for the Dailey Law Office Building does not meet this 2 requirement (42% is proposed), and thus, the applicant has requested a waiver to this LDR requirement. In support of the waiver the applicant has provided the following statement: "The use of this building will be a "law office" and the requirement for exposure to Federal Highway in minimal. If this was "retail" occupancy, it would definitely be an asset to have 75%) or more of the front in glass for exposure. However for offices, this is not practical to the use. There are (5) 3 feet wide X 6 feet high windows proposed for the West front elevation wall which is 40 feet long. The double wide front entry doors also are located on this West front wall. The windows plus the doors add up to more than 21 feet of width along the front. The combination of the windows, the doors plus the columns on the front of the building will make a positive aesthetic statement to the experience of the person passing or entering the "law office" not "retail" building". Should the waiver be granted for the building transparency? Yes No 8. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 9. 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 which supports the findings set forth in this Order. 10. Based on the entire record before it, the City Commission approves denies the waiver requests and hereby adopts this Order this day of November, 2010, by a vote of in favor and opposed. ATTEST: Chevelle Nubin City Clerk Nelson S. McDuffie, Mayor 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: November 11, 2010 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 WAIVER REQUESTS/TEMPORARY USE PERMIT/DELAIRE COUNTRY CLUB ITEM BEFORE COMMISSION The action requested of the City Commission is granting a temporary use permit for a self contained portable kitchen and two waivers; one to allow the use of the portable kitchen to be considered as one of the permitted temporary uses, and the other one to allow the increase of the maximum size of the temporary structure from 10' by 12' to 8'.6" by 20'. Both requests are associated with the club house renovations for the Delaire Country Club. BACKGROUND At its meeting of April 14, 2010, SPRAB approved a Class IV site plan application to partially demolish and renovate the existing Club House and build a new 47,199 sq. ft. Club House, and a 6,875 sq. ft. golf-cart barn. The partial demolition (41,210 sq. ft.) includes the restaurant area, interior and exterior walls with the exception of the kitchen area. On July 6, 2010 the City Commission approved a temporary use permit for a structural tent and two waiver requests; one to allow the use of the structural tent to house the dining facilities at Delaire Country Club for a period not to exceed 18 months while the club house is being renovated, and the other to allow the increase of the maximum size of the temporary structure from 10' by 12' to 82' by 66' . Waiver Analysis: Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The first waiver request is to LDR Section 2.4.6 (F), "Temporary Use Permit", to allow the portable kitchen use to be considered as one of the permitted temporary uses. Pursuant to LDR Section 2.4.6 (F) (3) (a) (1), the use of a tent, or tents, shall only be for: a) the sale of seasonal items which, when protected from the sun, provides for a less hazardous product for public use; and b) assembly occupancies to protect the public from the elements. Since the specific use of the tent is not listed as an allowed use under this section, approval can only be granted through a waiver by the City Commission. The second waiver request is to LDR Section 4.4.3 (I)(3) and would waive the maximum size allowed for the temporary structure from a maximum of 10' by 12' to the proposed size of 8' 6" by 20' . The proposed trailer will be located immediately adjacent the newly erected dining room tent and within the tennis courts in the interior of the parcel away from the residential development. Thus, the proposed trailer will not have any adverse effects on the neighboring residential units. With these two waivers to LDR Sections 2.4.6 (F)(3)(a)(1) and 4.4.3 (I)(3), the request for a temporary use permit for this temporary self contained kitchen facility can be supported. It is noted that waivers to this sections have been granted under similar circumstances. Based on the above, approval of both waivers will not adversely affect the neighboring area, diminish the provision of public facilities, create an unsafe situation or result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B) (5), Waiver Findings. The demolition has occurred and the 5,412 sq. ft. dining room tent has been erected. The existing kitchen has been partially impacted with the demolition and a temporary self contained kitchen facility is requested to supplement kitchen service. The application before you is for a temporary use permit for this self contained portable kitchen and two waiver requests to allow the use and allow an increase in the maximum size. REVIEW BY OTHERS The waivers to LDR Section 2.4.6(F)(3)(a)(1), Temporary Use Permit, to allow the use of a self contained kitchen to supplement kitchen facilities during the remodeling of the existing clubhouse and to LDR Section 4.4.3 (I)(3) to allow a structure in excess of 10' by 12' do not require recommendations from any other Board or Agency. The associated Class I site plan modification and architectural elevations will be administratively approved if the temporary permit and waivers are approved by City Commission. RECOMMENDATION Approve a Temporary Use Permit and two waivers to LDR Sections 2.4.6(F) (3) (a) (1), and 4.4.3 (I) (3) for the placement of a self contained kitchen facility at 4645 White Cedar Lane to be utilized in conjunction with the dining facility of Delaire Country Club, based on positive findings with respect to LDR Section 2.4.7(B) (5), subject to the following condition: 1. That the temporary self contained kitchen is to be removed from the property and the area restored to its original use pursuant to the site plan of record concurrent with the issuance of a Certificate of Occupancy for the clubhouse modifications, but in no event shall the Temporary Use Permit be valid for more than 18 months from the issuance of same. 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The trailer wily to be utili,~ed to rr~irnt~.in the existing uses of the country club during the construction of the new facilities. It is necessary to provide thYs supplemental f~itchen trailer to maintain the level of service for the activitYes of the current country club The proposed use is not specifically listed in LB~I section 2.4.E ~~~ a:nd therefore, requires the waiver request to permit the temporary uses during. the construction phase. A modukar uni.k wiNl ~~ utYli~ed for each temporary uses. The waiver: iPl ~o~ a~versel~ affect fhe^ rrea~borio7 re^a because tf~a site is generally surrounded by golf' course and the trainer will be i~uffered! lay the sci°eening on the tennis courts. fiPl nod rg~~fioarr~ly ~i~xrrrrish fhe ,ur~ovfs~arr of pt,r~lr fciJit~e the construction site Ys internal to the community and Ys not open to the gor~er~.l public. 7/hliNP rrof create an unsafe ~tcrati~rr because all proposed improvements will be within controlled site that gill separate the construction areas from the ridor~f user areas. VU'rNl riot re,~ul~ an >rfre ,grara~ of ,~acaf pr'ivil~°e in that the same waiver v~aould be granted under simYlar circumstances on ether property for another applicant or owner. .~ similar waiver has been previously granted to '~elray dada at 2{Jg~ youth I~eder'al l-lighwa. consequently, a positive finding wi~kh respect to L~Ff section 2.4,7~~)~~ ti~lJaiver ~YradVng, can be made. Therefore, for the reasons enumerated above, this waiver can be approved as requested, The proposed project meets or exceeds tl~e requirements of L~FI ect'ron 2.4,7~~~~~ for the above waiver requests. ~y granting this waiver9 the C~elaire country flub can compYete a beautiful upgrade to their fiaciY~ities while maintainiing the ability to continue the provide use oil the facillities for the members and residents of tY~re I~ellailre community without sacrificing the Ievel of service that curl°ently exists. ~~~i®r~ 4i~~~(I~{3}, ~rrtr~ti~rr its ~ eta ~~ ~: ~" f- r ~ ~:i~-;f~: This is waiver request to LN eotion 4.4.'~~F~~)~f~Y construction bite onditionsl Restrictions,, to waive the requirement that permits only one tra%rler to be used on a site at time and to waive the maximum sire requirement from 1 G~k x 1 ' to the proposed trailer sire of ~.6' x ~' .. Because of the magnitude of the renovation project, multiple trailers have been previously approved. to relocate fiacilitY~es so that the services can be maintained during °khe construction period. Therefore am ddi~ki~~rr~V wsover must be granted to permit the addition of anotY°~,er trailer to the site. The proposed trailer for ~khis request will be a self contaEned portable I~itol~uen trailer which wily be utilised to supplement the existing l~Ytchen uses ofi the country club d~urYing tl~e construction of the new facili~kies. It is necessary to provide this suppYerrNentaV kitchen trailer to maintain. the level of service for the activities of the current country club.. since the traiBer is located in the interior of the parceP and is separated from the residential development by the tennis courts and the surrounding tennis court fencing,. the trailer wiil not have an adverse affect on the rreighher'rr~g residential uses in the ~onir~g district. ~'he waiver: l~'V'~IJ ~crt a~'~erset~ feet ttae r~ifrborAr-, area because the site is generally surrounded by golf course and the trailer will be buffered by the screening on the tennis courts. Wr'11 rrat ,s~r~~t~ca~rtty ~f~~irarsl~ the ~a~'cavs~irr ~ public ~cilatias the construction site is internal to the community and is not span to the general public. ~ Will riot ~c~eat are unafa aituatic~r~ because all proposed improvements will be within a controiled site that gill separate the construction areas from the resident user areas.. l~'il1 rac~t result i,~ the ra~rt r~~ peril pri~iP,~a in that the earns waiver would e granted under similar eireumatanes on rather property fear another applicant or owner. similar waivers have been previously granted. the waiver will not adversely affect the neighboring area, significantly d'ir~i,nish the provision of publuc facilities,. create an unsafe situation and./or result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on ether property for another applicant car owner. thus, this waiver request should be approved. consequently, a positive fiirmding with respect to Ll~f~ section .4.7~~~~~ ~llaiver lndings, can...... be made. `therefore, for the reasons enumerated above, we respectfully request that tf~is waiver be approved. ~"f~e proposed project meets or exceeds the requirements of Ll~l~ section ~.~&.7(~){~ for the above waiver requests. y granting these waivers, the C~elaire country flub can maintain the ability to continue to provide use of the facilities far the members and residents of the C~elaire community without. sacrificing the level oaf service that currentNy exrsts. `our positive consideration of these.. waivers is appreciated. incer~ly, '~ ,~ ~,~icl~~~a~~~f ,~. ~«ovelli, ~L~e / ~I~ ~reid,nt ~~. 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N E 5 „~.r.~ .......-- '~ ~ ~ \r n ~ ~S ~~ a Lre l -- f - s G~ ~ IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS RELATING TO A TEMPORARY USE PERMIT TO ALLOW THE USE OF A SELF CONTAINED PORTABLE KITCHEN FACILITY DURING THE RENOVATION OF THE EXISTING DELAIRE COUNTRY CLUB 1. These waiver requests to allow a temporary use permit to allow the use of a self contained portable kitchen facility during the renovation of the existing Delaire Country Club came before the City Commission on November 16, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the temporary use permit. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to Allow a Temporary Use Permit fora Self Contained Portable Kitchen Facility at the Delaire Country Club: LDR Section 2.4.6(F) provides of a list of allowable temporary uses. The Applicant is requesting a waiver to Section 2.4.6(F) to permit the use of a temporary self contained portable kitchen to be located at the Delaire Country Club at 4645 White Cedar Lane. Does the waiver request subject to the conditions attached in Exhibit "A" meet all the requirements of 2.4.7(B)(5)? Yes No B. Waiver to Allow the Increase of the Maximum Size of the Temporary Structure: LDR Section 4.4.3(1)(3) provides that the maximum size of a temporary structure is 10' by 12'. The Applicant is requesting a waiver to allow a temporary structure that is 8'6" by 20'. Does the waiver meet all the requirements of 2.4.7(B)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Section 2.4.6(F) subject to the conditions listed in Exhibit "A" attached hereto. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 16th day of November, 2010, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. McDuffie, Mayor 2 Exhibit "A" Conditions Related to the Waiver Request to Allow a Temporary Self Contained Kitchen at the Delaire Country Club That the temporary self contained kitchen be removed from the property and the area restored to its original use pursuant to the site plan of record concurrent with the issuance of a Certificate of Occupancy for the kitchen modifications, but in no event shall the Temporary Use Permit be valid for more than 18 months from the issuance of same. 3 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 10, 2010 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 COMPREHENSIVE ANALYSIS OF FIRE SERVICES ITEM BEFORE COMMISSION The item before the Commission is a proposal from ICMA Public Safety Services for a Comprehensive Analysis of Fire Services. BACKGROUND The Commission will recall that we have contracted with ICMA Public Safety Services for a staffing and deployment study of our Police Department. The Financial Review Board, after seeing the studies which have been done of the West Palm Beach Fire Department and the opportunities for cost savings identified in those studies, suggested that we should also have a comprehensive study done of our Fire- Rescue Department to see what savings opportunities we might have. Considering the fact that the Fire- Rescue and Police departments take more that half of the General Fund budget, It is especially important to look at these departments to identify if there are opportunities for cost savings while still maintaining appropriate levels of safety for the public. In response to the suggestion from the Financial Review Board, I requested a proposal from ICMA for a study of our Fire-Rescue Department. Their proposal is attached. Since they are already analyzing our Computer Aided Dispatch data for their study of our Police Department, they can review the Fire- Rescue calls using the same data. Also, because ICMA is an international organization, they are familiar with developments in the Fire-Rescue service not only in the United States, but in Europe and Asia as well. I have also seen conference presentations on how they approach studies such as this and some of their typical findings. For all these reasons I believe they are especially well equipped and positioned to perform this study. When the study is completed we will have hard data on which to base decisions about how Delray Beach should provide Fire-Rescue services in the future. REVIEW BY OTHERS The attached proposal has been reviewed with the Financial Review Board. Mr. Matarese from ICMA Public Safety Services met with the Financial Review Board on November 8 to review their proposal and answer their questions. The Board then voted unanimously to recommend to the City Commission that we accept this proposal. Mayor McDuffie, at the invitation of the Financial Review Board, sat in on this meeting and may have some additional observations. FUNDING SOURCE The cost of the proposal is $35,000 plus up to $4,500 in travel expenses. Funding is anticipated to be available from savings identified during the study. RECOMMENDATION I recommend that the Commission approve the proposal from ICMA Public Safety Services for a study of our Fire-Rescue Department, with the caveat that the payment schedule in the contract should be similar to that which we negotiated for the Police Study contract; i.e. four approximately equal payments spread over the term of the contract. Proposal for Comprehensive Analysis of Fire Services Delray Beach, Florida '~~~°~ r ~ ,~ ~ ~ ~ ~ a ~. ~~~,,, , ~~- . ,, _..,. „. .~. _'* r o , ~. 'MNIe~ ~ 11Y - ~, , J.~-, i R„ r - ~~ .. __ ~" ~..,~~ ~~ ~, ;~ ~ _ %//~' °~ October 25, 2010 Mr. David Harden City Manager 100 NW 1st Avenue Delray Beach, FL 334442612 Dear Mr. Harden: The ICMA Center for Public Safety Management is pleased to submit this proposal for an analysis of fire services for the City of Delray Beach, Florida. This proposal is specifically designed to provide the City with a thorough and unbiased solution to the questions regarding the usage of services. Because this issue will have a dramatic impact on the community and because the city must have complete confidence in the outcome of our report, we have assembled what must be considered a premier team of subject matter experts with nationally recognized expertise in a wide range of public safety services. Our project management staff has decades of experience supporting clients in the local government, state and private sectors as well. Because of the expertise that each of these persons bring, you can expect the highest quality solution. As you know, ICMA has provided direct services to local governments nationwide for decades, 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 Delray Beach'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, ICMA-CM, SPHR, IPMA-CP Director, Research and Project Development ICMA Center for Public Safety Management ICMA Center for Public Safety Management -Delray Beach, Florida Page 2 of 17 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. 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. They 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 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 Center for Public Safety Management The ICMA Center for Public Safety Management will help the City of Delray Beach analyze its fire department deployment by providing an unmatched management technical assistance solution. The ICMA Center for Public Safety is led by Director Thomas J. Wieczorek. He is assisted by Leonard Matarese, director of research and project development. Leonard, along with a team of highly experienced ICMA staff members and hand selected consultants will serve as key personnel to analyze current as well as future deployment of staff and resources. Performance Excellence The ICMA Center for Public Safety Management approach provides recommendations utilizing two approaches to problems facing communities. Data captured from the Computer Aided Dispatch (CAD) systems of communities is analyzed to establish the current workloads. In addition to data, a team identified by ICMA will conduct an on- the-ground operational assessment. From the data and operations review, an analysis and recommendations will be provided to Delray Beach for future deployment decisions. Key performance indicators will be identified to assist the agency as it implements recommendations. The end result is the ability to continually improve and monitor operations using established baselines and benchmarks of performance measurement. Data Analysis Under the direction of Leonard Matarese, our data team 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. Our key data analyst, Dr. Kenneth Chelsf, has authored a number of books on the use of operations analysis for public safety operations and is a faculty member at Wayne State University in Michigan. The data team has worked on a wide range of projects for ICMA having conducted studies for cities and counties ranging from small to mid-sized in populations. The ICMA approach to data analysis is unique in the use of raw data from Computer Aided ICMA Center for Public Safety Management -Delray Beach, Florida Page 3 of 17 International City/County Management Association (ICMA) 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. Fire Operations Under the direction of Dan Kleman, the project team will look at the deployment of the fire department to determine the appropriateness of current staffing levels in context to calls for service, response times and employee safety standards. We will provide an objective analysis of the call center data an overall operation assessment. The deployment benchmarks will be reviewed and compared to national standards such as the 2010 National Fire Protection 1710 standard as well as the recently proposed amendments to the Insurance Standards Office (ISO) Public Protection Classifications. Evaluation tools created by the ICMA and International Association of Fire Chiefs to accredit departments will be applied for the existing level of services as well as future deployment. Using the data analysis, operational research methodology, and Geographic Information System (GIS) analysis, alternative strategies will be reviewed and recommendations developed. Within the first 30 days upon contract execution, a request for documents needed to conduct the study will be requested from each of the areas to be assessed. All documents requested should be available to the study team. 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. It is anticipated that the fire operation data analysis will begin with the extraction of data from the fire department; the operational assessment for the fire department will begin sometime after January 1, 2011. ICMA Center for Public Safety Management -Delray Beach, Florida Page 4 of 17 Among ICMA's many activities, it assists local governments through a variety of programs that focus on specific local government concerns including fire. ICMA's focus is on the management perspective in organizing and operating these areas. ICMA Center for Public Safety Management 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. The program provides practical advice and resources that local government managers and staff need to improve services and service delivery in their communities. We apply standard project management practices to each solution, ensuring that: • All projects are completed within the contractual scope of work; • Are completed on time, and within budget. We rely on these principles to ensure that the final solution meets the client objectives for a comprehensive and concise analysis of resource deployment. Methodology The ICMA team follows a standardized approach to conducting analyses of police, fire and public safety departments. We have developed this standardized approach by combining the experience sets of dozens of subject matter experts. Our collective team has more than a combined 100 years of conducting studies for cities in the United States and internationally. We begin most projects by extracting calls for service and raw data from an agency's computer aided dispatch system. The data are sorted and analyzed for comparison to nationally developed performance indicators. These performance indicators (response times, workload by time, multiple unit dispatching, etc.) are valuable measures of agency performance. The findings are shown in tabular as well as graphic form and follow a standard format for presentation of the analyzed data. While the format will be similar from community to community, the data reported are unique to Delray Beach. Due to the size and complexity of the documents, this allows for simple, clean reporting. In many cases cities hire ICMA to conduct an operational review alongside a data analysis. In those cases, the performance indicators serve as the basis for the operational reviews. Prior to any on-site arrival of an ICMA team, agencies are asked to compile a number of key operational documents (policies and procedures, assets lists, etc.). Most on-site reviews consist of interviews with management and supervisors as well as rank and file officers; attendance at roll calls; and ride-alongs with staff. We review case files with inspectors and observe dispatch operations to ensure compliance with the provided written documentation. As a result of any on -site visits and data assessments, our subject matter experts produce observations and recommendations which highlight strengths, weaknesses, opportunities and threats of the department. We have found that this standardized approach insures that we measure and observe all of the critical components of agencies which establish the baseline performance levels. This information can be used to benchmark against comparable cities. We're able to do this because we recognize that while agencies may vary in size and challenges, there are best practices in use throughout the country. We liken this standardized approach to the manner of an auditing process: • ICMA asks questions and requests documentation upon project start up; • We confirm accuracy of information received; ICMA Center for Public Safety Management -Delray Beach, Florida Page 5 of 17 We deploy operations teams on -site to research the uniqueness of each environment; We perform data modeling and share preliminary findings with each city; and We assess any inconsistencies reported by client cities and communicate our results in a formal, written report. Our approach has been tried and tested. As a result of our thorough, standardized and systematized approach, we are confident our approach will allow for continuous improvement to remain both relevant and among the best in class. ICMA Center for Public Safety Management -Delray Beach, Florida Page 6 of 17 ICMA Center for Public Safety Management utilizes two methods for evaluating and identifying solutions. The first component is a data analysis with applied operations research principles. Fire departments staff their stations and train their personnel to respond to a wide array of fire and vehicular accident emergencies. In addition, many departments use the long intervals between calls for service for a variety of prevention activities. Research in the United Kingdom as well as by FEMA has shown that the most cost-effective approach to fire deployment is the elimination of calls. If a call is received, eliminating hazards decreases the risk faced by first responders and may result in a more positive outcome. These preventive strategies should include building code enforcement and quality of life enforcement issues. The effort may also include fire extinguishers and automatic sprinkler systems. All of these prevention and rapid response activities are laid out below. FIRE CHALLENGES Fire Early Detection Early Prevention & Reporting Suppression Rio Code Smoke Fire Extinguisher Enforcement Detector Automatic Fire Alarm Sprinklers FIRE DEPARTMENT ACTIONS People Stop Fire Rescue Spread Rapid Response Rapid Response Rescue Squad Fire Engines The resulting data study will gather and analyze data on the number of personnel on duty, as well as the efficiency and effectiveness of the current deployment on the fire runs. Resources utilization will be quantified for concentration, location, and drawdown. The study will also analyze fire call data to provide a comprehensive review of fire services including a detailed analysis of workloads and response times. The analysis of the workloads should begin with an in-depth study of the types of calls handled and their severity. The goal of this data gathering would be to explicate the fundamental nature of the fire challenge faced by the Fire Department. The study will pay special attention to fires reported in residences or building and will require the use a number of measures of severity to categorize these reported building fires. Some examples of questions to be answered as a part of the study include: Did the ICMA Center for Public Safety Management -Delray Beach, Florida Page 7 of 17 fire spread beyond local source? What was the extent of the damage? How long did the engine companies work at the scene? For each call type, we will determine the time spent on-scene and the manpower personnel who worked the scene. This data will be aggregated to determine an overall average total time spent on fire calls per 24-hour period and by shift for each engine company. It will document any dramatic variations by time of day and day of week as well as seasonal variations. It will also require the review the department's fire prevention activities that fire personnel carry out between emergency calls. The study will also analyze data to determine the proportion of calls and the associated workload that arise within the city's borders compared to mutual aid calls. Response time is an important statistic in emergency service systems. We will determine: u Average response time u Distribution of response times for different call categories u Response time for the second arriving engine company, where possible We will also identify and review calls that experienced unusually long response times. Operations Review Using information analyzed by the data team, an operational assessment by ICMA will be conducted to evaluate the deployment of emergency resources. The ICMA team will evaluate equipment, maintenance, records, policies, procedures, and stations to create recommendations for future service delivery. The following are some of the questions that will be answered by the team: • What are calls for service? What are the trends for calls for service? • What is the response time and pattern delivered by the department? How can it be improved? • Does the department have a strategic plan for deployment or is it using a tactical approach? • Is the organization using current resources efficiently and effectively? • What are the processes in place to decide the effectiveness of community education? In-house education? Fire prevention? Building and code enforcement? • Is the recruiting and training process effective? Efficient? How can it be improved? The team will meet with elected and appointed officials as well as identified community leaders to determine the outcome they are seeking from deployment of resources. Observations and recommendations will be developed around ten key areas: • Governance and Administration • Assessment and Planning • Goals and Objectives • Financial Resources • Programs (To include fire suppression, fire prevention, public education, fire investigation, rescue, hazardous materials, medical, homeland security, marine services, and other programs) • Physical resources • Human Resources • Training and Competency • Essential Resources (Water, Communications, Administrative support) • External System Relationships Using GIS technology we will review the current locations of deployed equipment and stations with recommendations developed for the future. Key to making these determinations will be response time for dispatched units. ICMA Center for Public Safety Management -Delray Beach, Florida Page 8 of 17 The ICMA data team has created a methodology for determining resource utilization that quantifies the maximum and minimum deployment of personnel and equipment. It is unlike any other approach currently used by consultants and is indicative of the desire by ICMA to deliver the right resources at the right time. ICMA Center for Public Safety Management -Delray Beach, Florida Page 9 of 17 For this project, the ICMA has assembled a premier team of experts from a variety of disciplines and from across the United States. The goal is to develop recommendations for Delray Beach that will enable it to produce the outcomes necessary to provide critical emergency services. The team will consist of a program director, senior operations manager, and several senior public safety consultants selected from our team specifically to meet the needs of the city. The management organizational chart for the project includes the following Key Team Members: ICMA Center for Public Safety Management -Delray Beach, Florida Page t o of 17 Project Manager Director of Research and Project Development, ICMA Center for Public Safety Management 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 41 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. His experience includes managing an ALS /Transport EMS system which provided medical support to a head of state visit by President George Bush. Recognized as an innovator by his law enforcement colleagues he served as the Chairman of the SE Quadrant, Florida, Blue Lighting Strike Force, a 71 agency consortium, U.S. Customs Service anti-terrorist and anti-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. Data Assessment Team Senior Public Safety Consultant Kenneth R. Chelst, Ph.D., Chair of the Department of Industrial and Manufacturing Engineering of 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~o 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, structured decision making. ICMA Center for Public Safety Management -Delray Beach, Florida Page 11 of 17 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. Senior Quantitative Analyst, ICMA Center for Public Safety Management Dov Chelst, Ph.D. 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. Operations Assessment Team -Fire Director, ICMA Center for Public Safety Management Thomas Wieczorek, Retired City Manager Ionia, MI; former Executive Director Center for Public Safety Excellence Background Thomas Wieczorek is an expert in fire and emergency medical services operations. He has served as a police officer, fire chief, director of public safety and city manager and is former Executive Director of the Center for Public Safety Excellence (formerly the Commission on Fire Accreditation International, Inc.) and was an author on the most recent "Standards of Response" book printed by the CPSE. He has taught a number of programs at Grand Valley State University, the National Highway Traffic Safety Administration (NHTSA), and Grand Rapids Junior College. He has testified frequently for the Michigan Municipal League before the legislature and in several courts as an expert in the field of accident reconstruction and fire department management. He is the past-president of the Michigan Local Government Manager's Association; served as the vice-chairperson of the Commission on Fire Officer Designation; and serves as a representative of ICMA on the NFPA 1710 career committee. He most recently worked with the National League of Cities and the Department of Homeland Security to create and deliver a program on emergency management for local officials titled, "Crisis Leadership for Local Government Officials." It has been presented in 50 states and has been assigned a course number by the DHS. ICMA Center for Public Safety Management -Delray Beach, Florida Page 12 of 17 He received the Mark E. Keane "Award for Excellence" in 2000 from the ICMA, the Association's highest award and was honored as City Manager of the Year (1999) and Person of the Year (2003) by the Rural Water Association of Michigan, and distinguished service by the Michigan Municipal League in 2005. Senior Public Safety Consultant Chief Dan Kleman, MGA, City of Jacksonville Fire & Rescue Department, Former City Manager of Tallahassee, County Manager of Hillsbourgh County, CAO of Jacksonville Florida Background Dan Kleman is the Director and Fire Chief of the Jacksonville Fire and Rescue Department and is responsible for 1,300 employees. Since arriving at JFRD in 2006, Chief Kleman, working with his management team, he has expanded management training and professional development for JFRD's officers, opened a new fire station and three replacement stations, identified more than $1 million in overtime cost savings and enhanced JFRD's recruitment program. Kleman recently developed a 10-year plan, unanimously adopted by City Council, which charts the department's expansion so it can continue to meet Jacksonville's rapidly growing demand for fire and emergency medical services. Mr. Kleman came to Jacksonville in 2004 to serve as Chief Administrative Officer. In October 2006, he moved from City Hall to JFRD to lead the department. He was appointed City Manager in Tallahassee 1974. After 20-plus years as City Manager, Kleman headed to Tampa where he served as County Manager of Hillsborough County for nearly a decade. Mr. Kleman has been named Outstanding Public Administrator of the Year by both the Tallahassee and Tampa Bay chapters of the American Society of Public Administration. He is Past President of the 9,000-member International City-County Management Association and the Florida City and County Managers Association. He also was an adjunct professor in Florida State University's Masters of Public Administration program. He holds a bachelor's degree in political science from Bowling Green State University in Ohio and his master's degree in governmental administration from the Wharton Graduate School at the University of Pennsylvania. He is also a graduate of the senior executive program at the John F. Kennedy School of Government at Harvard University. ICMA Center for Public Safety Management -Delray Beach, Florida Page 13 of 17 Similar projects of this magnitude that ICMA has managed were completed from between 90 to 160 days. A key factor to the final delivery date is the quality of the 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 The following chart anticipates a contract beginning on or about January 1, 2011. Workload and Deployment Data Analysis Report ICMA commits to delivering a draft data analysis report for fire services 4 months after signing contract. A draft data analysis report will be delivered in 3.5 months. To accomplish these deadlines require the City to perform certain activities. a. The City commits to providing within four weeks of signing contract a full set of requested data b. ICMA will work with City officials to review this data set for completeness and obvious problems with preliminary certification scheduled for 6 weeks after signing the contract. This is contingent on prompt response to data questions that arise. c. Seven weeks before the data analysis report is due, ICMA will work with City officials to certify the complete data set with regard to: i. The accuracy of the data ii. Irresolvable gaps in the data record and how these gaps will be handled in the analysis and preliminary report. (E.g. an irresolvable gap might be no record of backup units sent to police calls or no priority categorization of calls.) During the week long process of final certification, it is critical that officials respond to questions and request for clarification within 48 hours in order to keep the project on schedule. Any significant delays in addressing problems ICMA uncovers could delay delivery of the data analysis report. ICMA Center for Public Safety Management -Delray Beach, Florida Page 14 of 17 ICMA agrees to conduct the project for the sum of $35,000, exclusive of travel. The project would be billed in three installments: the first within 14 days of the start of the project for $20,000; the second billed at the time of the draft data analysis report for $10,000 and the third at presentation of the final report for $5,000. Payments would be made out to the International City/County Management Association upon invoicing as according to the aforementioned payment schedule. If some other arrangement is deemed more appropriate by the city, ICMA will work cooperatively for an agreement on the payment terms. A travel budget of $4,500 is proposed. 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. ICMA Center for Public Safety Management -Delray Beach, Florida Page 15 of 17 The quotation of fees and compensation shall remain firm for a period of 90 days from this proposal submission. Contact Info Principal-in-Charge -Thomas J. Wieczorek twieczorek@icma.ora 202-962-3607 Project Manager -Leonard Matarese Imatarese@icma.ora 716-969-1360 Fire Operations Team Lead -Dan Kleman dkleman@icma.ora Data Analysis Lead - Dr. Kenneth Chelst kchelst@wavne.edu 313-577-3857 Data Analysis Support - Dr. Dov Chelst dchelst@icma.ora 202.309.8281 ICMA Center for Public Safety Management -Delray Beach, Florida Page 16 of 17 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. Part of ICMA's mission is to assist local governments in achieving excellence through information and assistance. Following this mission, ICMA Center for Public Safety Management 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. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 9, 2010 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 APPOINTMENT TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Education Board. BACKGROUND Ms. Melanee Blankstein, regular member on the Education Board, was removed due to missing three (3) consecutive meetings. This creates a vacancy for one (1) regular member to serve an unexpired 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 and all are registered. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4) for one (1) regular member to serve an unexpired term ending July 31, 2011. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Education Board for an unexpired term ending July 31, 2011. Ioilo EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2011 Catherine DeMatto unexp a~ oz/zo/o7 Training & Development/ Reappt 07/24/07 Reappt07/07/09 MaT'ketlrl & Sales g 07/31 /2012 Doreen Jadwick a~ 08/17/10 Educator 07/31/2012 Derline Pierre-Louis a~ 07/15/08 President/Plan & Budget Reappt o7/zo/1o Revie~r 07/31 /2012 Amanda Orndorff Unexp Appt 10/19/10 Educator 07/31 /2012 Debra Kaiser a~ o7/zo/1o Senior Director 07/31 /2012 Sandra Weatherspoon, Vice Q-iair Amt 07/15/08 ASSIStarit PT1riClpal Reappt07/20/10 7/31 /2011 Lydia Carreiro, Q~air unexp a~ 10/06/09 Educator 07/31 /2011 Sandra Tobias unexp a~ oz/z1/o6 Real Estate/Educator Reappt07/24/07 Reappt07/07/09 07/31 /2011 Perry Stokes Unexp Appt 01/03/06 Reappt 07/24/07 Reappt07/07/09 E C1UCator 07/31 /2011 Mr. Peter Raycroft Unexp Appt 01/03/08 Educator Reappt07/07/09 07/31 /2011 Vacant Unexp STUDENT MEMBERS one term limit 7/31 /2011 Nathaniel Ellis Appt 08/04/09 Stll~it 2 YEAR TERM 7/31/2011 Student 1 YEAR TERM Vacant CITY REPRESENTATIVE: Janet Meeks -Education Coordinator 243-7231 COMMISSION LIAISON: Commissioner Fred Fetzer (Primary Member) Commissioner Nelson McDuffie (Alternate Member) EDUCATION BOARD EXHIBIT A Mary-Elizabeth Cohn Educator (currently serving on the Neighborhood Advisory Council) Waymon Dixon Ministry/Adjunct Professor (also applying for the Police Advisory Board) Walter Earley Educator-retired Jack Fowler Healthcare Consultant Philip Friedman Financial Aid-Assistant Director (currently serving on the Nuisance Abatement Board) Tam Knight Educator-Retired Myra Leavy Bazemore Educator Isabel Make Consultant-President/Educator (currently serving on the Neighborhood Advisory Council) Toni McMillan Educator Sandra Owens Educator MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 9, 2010 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 APPOINTMENT TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Police Advisory Board. BACKGROUND Mr. Victor Kirson, regular member on the Police Advisory Board, verbally resigned effective October 13, 2010. This creates a vacancy for one (1) regular member to serve an unexpired term 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: Wyana Claxton Resident/Business Owner Laura Fenoglio Resident/Business Owner John Hallahan Resident Isabel Make Resident (currently serving on the Neighborhood Advisory Council; also applying for the Public Art Advisory Board) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve an unexpired term ending July 31, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Police Advisory Board for an unexpired term ending July 31, 2012. 010/10 POLICE ADVISORY BOARD TERM EXPIRES NAME & ADDRESS 07/31 /11 Matthew Hartley Amt 12/08/09 07/31 /12 Jennifer Morris Unexp Appt 10/19/10 07/31 /12 Ellen Major-Hanna amt o~/20/10 07/31/12 Unexp Appt Vacant 07/31 /11 MatthewMonahan Unexp Appt04/20/10 07/31/11 Jason Dollard Unexp Appt 09/03/08 Reappt07/07/09 07/31 /12 Carl Forrest, Chairperson Unexp Appt 01/05/10 Reappt07/20/10 07/31 /11 Joseph Ingram Jr. Amt 01/03/08 Reapptl2/08/09 07/31 /12 Edith Thompson amt o~/20/10 07/31 /12 Jeff Ritter Unexp Appt 11/03/09 Reappt07/20/10 07/31 /11 Kevin Warner Unexp Appt 01/05/10 07/31 /11 Joseph Elisma Unexp Appt 10/19/10 (Student) 07/31 /12 Brittany Smith Unexp Appt 09/10/09 Reappt 08/03/10 (Student) Contact: Venice Cobb 243-7056 S/City Qerk/Board 10/I'olice Achnsory Board MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 9, 2010 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD ITEM BEFORE COMMISSION This item is before Commission for an appointment to the Public Art Advisory Board. BACKGROUND Mr. Robert Currie, regular member on the Public Art Advisory Board, resigned effective September 30, 2010. This creates a vacancy for one (1) regular member to serve an unexpired term ending July 31, 2011. 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. Due to a drainage issue, staff will determine whether or not this violation will still exist after an overview of the entire area. The case has been placed on hold pending the results. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Mayor McDuffie (Seat #5) for one (1) regular member to serve an unexpired term ending July 31, 2011. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Public Art Advisory Board for an unexpired term ending July 31, 2011. PUBLIC ART ADVISORY BOARD 10/10 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/11 Unexp Appt Vacant 07/31 /12 Dana Donaty Artist Amt 07/15/08 Reappt07/20/10 07/31/11 Annette Gray Real Estate/Marketing Amt o~/o~/oa 07/31 /12 Sandi Franciosa Amt o~/zo/1o Administrative Asst/Retired 07/31 /12 Michiko Kurisu Artist/Photographer Amt 07/15/08 Reappt07/20/10 07/31 /12 Richard McGloin Electrical Engineer Amt 07/15/08 Reappt07/20/10 07/31 /11 Mary Minieka Administration Amt o~/z1/oa Contact: Venice Cobb X 7056 S/CityQerk/Boardl0/I'ublic Art AchnsoryBoard Commission Liaison: Commissioner Frankel PUBLIC ART ADVISORY BOARD EXHIBIT A Applicant Occupation Daniel Bellante President-consultant Isabel Make Consultant (currently serving on the Neighborhood Advisory Council; also applying for the Police Advisory Board) Jerry Rabinowitz Photography Alexia Rouquette Director of Marketing & Public Affairs Ora Sorenson Business Owner MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 9, 2010 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Neighborhood Advisory Council. BACKGROUND Ms. Harriet Meltzer (Zone 1), regular member on the Neighborhood Advisory Council, verbally resigned effective October 12, 2010. This creates a vacancy for one (1) regular member to serve an unexpired term ending July 31, 2013. 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: Zone 1 Mark Behar Susan Sims Lee's Crossing Sabal Lakes Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one (1) regular member to serve an unexpired term ending July 31, 2013. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Neighborhood Advisory Council for an unexpired term ending July 31, 2013. 11/10 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS 07/31 /13 Zone 1 Unexp Vacant 07/31 /11 Zone 2 Laura Reines Unexp Appt 12/08/09 07/31 /13 Zone 3 Linda Laurence Leib Unexp Appt 10/17/06 Reapptl0/16/07 Rea 10/19/10 07/31 /13 Zone 4 Suzanne Donohue A~110/19/10 07/31 /11 Zone 5 Gail-Lee McDermott Unexp 03/03/08 Reapptl0/07/08 07/31 /11 Zone 6 Linda Prior Unexp Appt 02/20/07 Reapptl0/07/08 07/31 /11 Zone 1 Mr. Sal Cherch Unexp Appt 08/18/09 07/31/11 Zone 2 Ma1S' Elizabeth Cohn Amt 10/21/08 07/31 /12 Zone 3 Shirl Fields A~110/17/06 Reapptl0/06/09 07/31 /12 Zone 4 Isabel Make Unexp Appt 10/20/09 07/31/12 Zone 5 Matthew Hartley,1St Vice Chair A~110/17/06 Reapptl0/06/09 07/31 /12 Zone 6 Joseph Kamarata, Chair A~110/17/06 Reapptl0/06/09 07/31 /11 At Large William NTilner, 2nd Vice Chair uenxp A~1 oz/o3/o9 Representative 07/31 /11 At Large Patricia Westall unexp A~10~/19/05 Representative Reapptl0/25/05 Rea 10/07/08 07/31 /12 At Large Nlargherita Downey A~110/06/09 Representative 07/31/11 Student Vacant 07/31/11 Diana Ciuca unexp A~10~/06/1o Student Rea 08/03/10 Board 10/Neighborhood Advisory Council CITY OF DELRAY BEACH, FLORIDA Neighborhood Advisory ~ouneil - Appoin#menf Zones - .. ,~ ~ ,~ CIlYOF D0.F7AY A~ACJ{ f~ AUM~lING 6.2OWNG D~AR7K4(t AMR{Yf 700e " arm w!k L1fY[s~T3 ~-.~.._-_.~_ --~rAL SSE WPSYSJBI-- GRwvF(IC SfJt[E -~ MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 3, 2010 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 ORDINANCE NO.40-10 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Article III, "Legislative", Section 3.02, "City Commission: Composition, Eligibility, Election, and Terms"; and amend Article V, "Elections", Section 5.02, "Types of Elections"; to provide for a change in the length of a term from a two (2) year term to a three (3) year term; providing for a referendum election to be held on March 8, 2011. BACKGROUND At the first reading on November 2, 2010, the Commission passed Ordinance No. 40-10. RECOMMENDATION Recommend approval of Ordinance No. 40-10 on second and final reading. ORDINANCE N0.40-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, PROVIDING FOR REVISIONS TO THE CHARTER OF THE CITY OF DELRAY PEACH PY AMENDING ARTICLE III, "LEGISLATIVE", SECTION 3.02, "CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS"; AMENDING ARTICLE V, "ELECTIONS", SECTION 5.02, "TYPES OF ELECTIONS"; TO PROVIDE FOR A CHANGE IN THE LENGTH OF A TERM FROM A TWO YEAR TERM TO A THREE YEAR TERM; PROVIDING FOR A REFERENDUM ELECTION TO PE HELD ON MARCH 8, 2011; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the governing body of a municipality may by ordinance submit a proposed amendment to the Quarter to the electors of the municipality; and WHEREAS, the City Commission of the City of Delray Peach deems it advisable to amend the Quarter of the City to provide: (i) that the terms of office for the Mayor and other City Commission Members be extended from two years to three years, (ii) for a reduction in the maximum number of consecutive terms the Mayor and City Commission Members may serve from three consecutive terms to two consecutive terms. NOW THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA AS FOLLOWS: Section 1. That Article III, "Legislative", Section 3.02, "City Commission; Composition, E ligibility, E lection and Terms", be amended to read as follows: Section 3.02. CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS. (A) Cornp~sition ark Term The City Commission shall be composed of five (5) Commissioners, one of whom shall be duly elected Mayor. All of them shall be elected at large for a teml of ~ three (3) years in the manner provided in this Q-~rter. (P) Sta~rreei Terms. rrt.~ irn ~~,~..,~..;~~;~,-.,,w, ~i-..,» >..,, „~,,,,,-„a ; „-..a..,,,,,,a Two 2) Commission seats with terms expiring in 2012 shall be filled by election in 2012 and every three years thereafter, and two (2) Commission seats with terms expiring in 2013 shall be filled by election in 2013 and every three years thereafter. The Mayor's term commencing in 2013 shall be filled by election in 2013 and every three years thereafter. (C) Length of Mayor's Team. If a special election is held to fill a vacancy in the office of Mayor, the duration of the Mayor's term of office will be for ~ three (3) years commencing on the last Thursday in March prior to the special election (D) Tear as a Result of a Vacancy. In the event of vacancies, successors shall be appointed or elected in the manner provided in this Quarter. Section 2. That Article V, "Elections", Section 5.02, "Types of Elections", be amended to read as follows: Section 5.02. TYPES OF ELECTIONS. Elections to be held in the City shall all be conducted on a nonpartisan basis without regard for or designation of political party affiliation (A) Date of Nonpartisan Election. Nonpartisan elections shall be held on the second Tuesday in March of each year in which a term of the mayor or city commissioner expires (which, starting in 2012, will be every three years thereafter, for commission seats 2 and 4, and 2013, and every three years thereafter, for the manor and commission seats 1 and 3). (B) Ties. In case of a tie in the nonpartisan electiony a second nonpartisan election shall be held (C) Special E lection. All other municipal elections that maybe held by authority of this Qzarter, or of any law, shall be lmown as special elections. Section 3 That this ordinance shall not be effective unless and until the same is approved by a majority of the electors of the City of Delray Beach, Florida, voting at the election to be held on March 8, 2011, for the purpose of approving or disapproving this ordinance. If a majority of the electors voting upon such a question approve the amendrnerrt, then the amendment shall be in full force and effect and shall apply to the election held on March 13, 2012 and all elections thereafter. If a maj ority of the electors voting upon such question disapprove such amendment(s), then the amendment(s) shall be null and void The question to be submitted to the electors at such election shall be substantially as follows: Ouestion One CHARTERAMENDMENT - LENGTH OF TERMS AND TERM LIMITS CURRENTLY, THE COMNIISSION MEMBERS (INCLUDING THE MAYOR) SERVE TWO-YEAR TERMS, LIMITED TO THREE CONSECUTIVE TERMS (SIX YEARS). THE CHARTER AMENDMENT PROPOSES THREE -YEAR TERMS, LIMITED TO TWO CONSECUTIVE TERMS (SIX YEARS). IF PASSED THIS AMENDMENT SHALL APPLY TO THE COMMISSIONERS AND MAYOR E LE CTE D IN MARCH 2012 AND THEREAFTER. 2 ORD. N0.40-10 SHALL THE CHARTER AMENDMENT BE ADOPTED? YES (for approval) NO (against approval) Section 4. That upon approval of this ordinance by the electors as aforesaid all ordinances or Qzarter provisions or parts of Qzarter provisions in conflict shall be and the same are hereby repealed as of the effective date of this ordinance. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or ward be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid Section 6. That this ordinance shall become effective upon its passage on second and final reading The Quarter Amendment shall take effect (and be applicable to the election) on March 13, 2012, if approved by a maj ority of the electors as provided in Section 3 hereof. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2010. MAYOR ATTEST: City Clerk First Reading Second Reading 3 ORD. N0.40-10 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney THROUGH: David T. Harden, City Manager DATE: October 25, 2010 Page 1 of 1 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010 ORDINANCE N0.40-10 ITEM BEFORE COMMISSION Adoption of Ordinance 40-10 regarding a proposed charter amendment related to change Commission terms from two years to three years. BACKGROUND Pursuant to the direction given by Commission, at its June 8, 2010 workshop meeting, I have prepared the following charter amendment related to increasing the length of a term of a Commissioner/Mayor from 2 years to 3 years and reducing the number of terms from 3 to 2 (where the maximum number of years able to serve is not increased and is still 6). This charter amendment would be placed on the ballot for the March 2011 election and, if passed, would be effective starting with the March 2012 election cycle. There has been mention of a requirement to review the charter every ten years, and that 2011 would be the year for a charter review. We have determined that there is no requirement for a charter review every ten years. It was just a suggestion by prior Commissions. You could appoint a Charter Review Committee and direct that they consider whether to increase the length of Commission terms. This approach would delay implementation of longer terms for at least one year, which means the savings to be achieved by eliminating one election every three years and the other advantages of longer terms would be delayed. Furthermore, there is no particular reason to appoint a Charter Review Committee unless there are other portions of our charter the Commission feels are possibly in need of revision. Since this issue was last considered in Delray Beach, both Boynton Beach and Boca Raton have changed from two year to three year terms. RECOMMENDATION Staff recommends approval of Ordinance 40-10. http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=3940&MeetingID=275 11/3/2010 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: November 10, 2010 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 RESOLUTION N0.61-10/ CONTRACT FOR SALE AND PURCHASE/DBHA/614 S.W. 6TH AVENUE ITEM BEFORE COMMISSION Staff requests City Commission approval to donate a Neighborhood Stabilization Program (NSP) property to the Delray Beach Housing Authority (DBHA) for the benefit and rental of units to households at or below 50% AMI. BACKGROUND The City of Delray Beach has received $1,905,005 under the NSP award through the Florida Department of Community Affairs from the U.S. Department of Housing and Urban Development (HUD) and $400,000 from the Delray Beach Community Redevelopment Agency (CRA) as a result of the Housing and Economic Recovery Act of 2008 (H.R. 3221). The NSP funding is for the purpose of purchasing foreclosed or abandoned homes for rehabilitation, resale, or redevelopment in order to stabilize neighborhoods and stem the decline of home values. NSP Funds are to benefit Low, Moderate and Middle Income Households (LMMI). LMMI households are defined as those with incomes less than one-hundred twenty percent (120%) of Area Median Income (AMI) as determined by HUD. The City and DBHA entered into an Agreement dated July 16, 2010 which was amended, restated on September 21, 2010 for resale of bank owned/REO units within the NSP1 Target Area for the purpose of leasing the units to income eligible households. Disposition, through sale, donation, or otherwise, of residential units is governed by the NSP Housing Assistance Plan (HAP). All properties for rental under this activity will be transferred for the purpose of affordable housing to benefit LMMI households. All properties acquired and rehabilitated for the purpose of rental housing under the NSP Program shall be donated to DBHA. DBHA will make units available for rent to households at or below 50% AML Individuals or households who wish to occupy NSP Rental Units must apply directly to the DBHA. The Neighborhood Services Administration staff will monitor the project on an annual basis to ensure continued affordability, ownership and maintenance of the property during the 20-year term. This item is for transfer of the following NSP property to the DBHA: 614 SW 6th Avenue. RECOMMENDATION Staff recommends City Commission approval to donate a NSP property to the DBHA for the benefit and rental of units to households at or below 50% AMI. RESOLUTION NO. 61-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN PALM PEACH COUNTY, FLORIDA, AS DESCRIPED HEREIN, HEREPY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE PETWEEN THE PUYER AND THE CITY OF DELRAY PEACH, FLORIDA. WHEREAS, the City of Delray Peach, Florida, wishes to transfer property located at 614 SW 6~ Avenue; and WHEREAS, the Puyer hereinafter named desires to buy the properly hereinafter described from the City of Delray Peach, Florida; and WHEREAS, it is in the best interest of the City of Delray Peach, Florida, to transfer said property to be used for affordable housing purposes. NOW, THEREFORE, PE IT RESOLVED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Peach, Florida, as Seller, hereby agrees to transfer to Delray Peach Housing Authority, as Puyer, for the purchase price of Ten Dollars and 00/100 cents ($10.00), said properly being described as follows: Lot 21, Plock 5, ROSEMONT PARK, according to the Plat thereof, as recorded in Plat Book 13, at Page 60 of the Public Records of Palm Peach County, Florida. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Peach, Florida, and the Puyer as hereinabove named are incorporated herein as E xhibit "A". PASSED AND ADOPTED in regular session on the day of , 2010. ATTEST: MAYOR City Clerk C~E~RI~TI~F~: (~ L~~I C1sri~ti~r~: L,at 2.1, ~1~1~ IC~~h~1~l~f 1~f1~, ~c~rin tc~ the I~I~t thr~~F a r~~~rdd ire F'1t ~~+~ 1 , P' ~V of the I~~b1ic I~ec~rd ~t I~Irn ~~h ~u~ty, ~1~«rid, PAN: 1-a~t~m14'~_C~C~~+~1 (h~ ~ddr X14 1411' fit" v~~u, C~!Ir~r ch, F'I~ ~~~-~ 111. I~~ ~ lE ...................... ........... U1~~ "'VIII. 'T~°~~ ' I"~"~ ~, I`li "T ~ "~ `~~ a ~` Tperi:~~en er hr~r,~ritten re~r'i'Ien h~11 c~r~~rq III p~rir7~~e prca~riier~ ~~ e~trq afi Ire arn~lli~t with them. M ~ ~u~ '. III o ~~r m~` r~e~ n er~~rt. I L. w fib) ~~ rr~~y hive determined the enerY eiieny r~fiir~ e the reider~~i~l b~inirn, i~ any i Ic~~ed en the I~eN Prper~y. I. P'~IAI'~ If ddi~ic~nal ~errrn~ ire fi~a be previded, ~heY i11 ~ previded in the ~fitched addend I~ them i ~n ddend hek here ~" ICY ~ L~!LI~PtiY CAH, ~II~~ C~~LI~A~ E'F1F°i H(~IJII~I AI~~I~RIT1(` f, ~+' ~ _ ~ ~ Ayer ~~e Pant ~.,~ ~ ~ ~~ ~ ~ ~ ,. ~e~e ._.... _ _ A - -- ..... I~TTT. TAT: n~ ~P~.,~.~..w, .,M.. ~ ~~,.~ ~~~~ .. . .,.~ - - ~ ~_. _ _ ~ ...V..._.. ~~~ i IerM1 ~ ~~ ~ e. icy A,~terr~ey 2 ~. I~CC~~"EI~Y,~C~C~ 1 stn ~,vru~, I~Ir~r ~~h, FL Im I ~L:"- ~ ~ t~ ~car~iir~aa): A ~"hi C~~trct i x~~~~Ny ~+~ntin~r~t end cc-rwiti~n ~p~r~ th~r p~r+~vl ~f tf~~ by tl~ City C~r~~rnii~~ ~f the City ~~ ~Ir~y ~1~,w ~d_L~O~' II~ITNAL NJ~'~' 1hJI~CIL: STANI~A}~1)S Ft~R f~At_ CSTATE T'I~AaI"~'5,~~"'~I'~N, A, ~vlder~~ce f Tltle: A kith insurance commitment issued tay a Floi°ida licensed title insurer agreeing to issue to sayer, upon recording of the deed to buyer, an owner's policy of title insurance in the amount of the purchase price, insuring buyer's title to real property, subject only to liens, enoumbrances, exceptions or qualification set forth in this agreement and'. those which shall be discharged by ballet at or before closing. Seller sha11 convey a marl~etable tGkNie subject only to liens, encumbrances,exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing„ lWlarG~etable title shall be deten°nined according to applicable title standards adopted by aukhority of The Florida Bar and in accordance with law. If title is found defeotve, buyer shall notify ballet in writing specifying defect(s). 1f the defect~sj render tilde unmarket- able, Seller will have one I~rundred twenty (12C1~ days from receipt of notice within which to remove the defeot~s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposlt(s~ paid which shall immediately be returned to Buyer;., thereupon Buyer and Seller shall release one another of all further obligations under the agree~°nent, Seller will, if title is found unrnarl~et- able, use diligent effort to correct defect(s~ in title within the time provided therefor, including the bringing of necessary suits. B, Srrrve Buyer, at Buyer`s expense„ within time allowed ko deliver evidence of title anal to examine same, may Dave real property surveyed and certified lay a registered Florida surveyor, If survey shows encroachment on real property or that improvements located on real p~°ope~fiy encroach on setbaok lines, easements, lands of others,, or violate any restrickion, agreement covenants or applicable governmental regulation, the same she'll conskitute a title defeok. ~. Inures and egress,: Seller vwarrants and represents that. there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A, ~, Leases: If applicable, Selller shall, not less than fifkeen ~"1~p days before closing, furnish to buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the kenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. Ilf Seller is unable to obtain such letter from each. tenant, the same information shall be furnished by Seiler to Buyer within that time period in the form of a Seller"s affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. f~.lns: Seller shall furnish to buyer at time of closing an affidavik attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potenkial lienors Itnown to Seller and further attesting that there have been no improvements or repairs to property for ninety (9g) days immediately preceding date of closing, if property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to S~e11er's lien affidavit sekting forth the names of all. such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic"s line or a claim far damages have been paid or will be paid at closing. F. Place of loslnct: dosing shall be held in the county when°e real property is located, at the office of the attorney or other closing agent designated by Buyer, C. Tame: Tir~ne i of the essence of this agreement, Time periods herein of less than six ~6~ days shall in the computation exclude Saturdays, Sundays and state or national legal.... holidays, and any time period provided for I~ierein which shall end can Sakurday, Sunday oi° legal holiday shall extend to 5:a0 p.m. of the next business day. l-i. Boorarr~er~t ~crr i'r~airt feller shall furnish deed, bill of sale, mechanic"s lien affidavit, assignments of basses, tenant and mortgagee estoppel letters, and corrective instruments. Etuyer shah furnish closing statement, mortgage, morkgage note„ security agreement and finanoial statements. 1, erg Documentary stamps on the warranty deed and. recording corrective instruments and the warranty deed shall be paid by Buyer. J. F°rc~rtior~sa credit: Taxes, assessments, rent, interest„ insurance and other expenses and revenue of property shall be prorated through day before dosing. Buyer shall have the option to taking over any existing polioies of insurance, if assumable, in which event pren~aiums shelf be prorated, dash at olosing, shall be increased or decreased as may b required' by prorations. A~rorations will be made through day prior to occupancy if occupancy odours before closing. Advance rent and security deposits will be credited to B'uyer' and escrow deposits held by i°nortgagee wi[Q! be c~`edited to feller. Taxes shall be prorated based on the crrrrrent year's tax with due allowance made for maximum allowable discount„ 'homestead and ether exemptions. if closing occurs at a date when the current year"s milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage. if current year"s assessment is not available, then taxes will be prorated on the prior year's tax. If khere are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prioa~ year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the bounty Property Appraiser for an informal assessment taking into coniderakion available exemptions Any tax proration based on an estimate may, at request of either Buyer' or feller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. ~~eciat~ ~4ssessertt Liens: erkfied, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by feller. lending liens as of date of closing shall be assumed: by Buyer. If the improvement has been substantially completed as of Effective [late, such pending lien shall be considered as certified, confirmed or ratified and feller shall, at closing, be charged an amount equal to the last estimate of assessment fr~r the improvement by the public body. L. Pik ~f Le+s; If the property is damaged' by fire or other casualty before closing and cost of restoration does net exceed the purchase price of the property so damaged, oast of restoration shall be an obligation of the Beller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. I'f the cost of the restoration exceeds three percent (3%} of the assessed valuation of the improvements so dareraged, Buyer shall have the option of either taking property as is, together with either the three percent (%~) or any insurance prooeods payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s) Pvt. Eaor~w: Any escrow agent ("Agent°') receiving...... funds or equivalent is authorized and agrees by aooeptanoe of them to deposit them promptly, hold same in escrow and., subject to olearanoe, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. if in doubt as to Agent's duties or° liabilities under the provisions of agreement, Agent may, at Agent's options continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent. may deposit with the clerk of the circuit courk having jurisdiction of the dispute, Upon notifying aIP parties concerned of such action,. all liability on the part of Agent shall fully terminate„ except to the extent of accounting for any items previously delivered Doti of escrow.. If a licensed real estate broker, Agent will comply with provisions of chapter 47, F.S. (19°7}, as amended. Any suit between Buyer and Bel9er where Agent is made a party because of noting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as caurt amts in fever of the prevailing party.. f~artie agree that agent shal'9 net be liable to any party or person far mmsdelivery to Buyer ar Seller of item~rs subject to thin escraw, unless sash mis~elivery is d~.ie to willful breaah of aontraat ar grass negiiger7ce of agent. ail~rre ofi F"er~c~rr~ar~oe: If Buyer fails to perfaR°r~ this Contract within the time specified Se69er shall be relieved of ai& obiigations under Cants°act. lf, far any reasan ether than failure of Seller to make Se9ler's tntpe rraarketable after diligent effart, Seller fails,. neglects ar irefuses to perfarm this Contract, the Buyer r-nay seek speaifia perforrrtiance ar elect. to receive the return of Buyer"s depart(s) wkthaut thereby waiving any action for damages resulting fram Seller's breach.. ~ rerruer~~ ~t ecarr~dait~le~ Pera~rm ca~ar~c~• ~c-tiae: Neither this agreernent nar any native of it shall be retarded in any publpa retards, "his agreement shall bind and bnure to the benefit of the parties and.. their succerrarr on interest, '~fhenever the aantext permits, singular shall include p6ural and. one gender shall include aIR. lVatice given by ar to the attorney faa° arry party shall. be ar efifective as if given by cr tca that party.. P. ~nve~~a Seller shall Canvey the property by way of C~uit Maim Feed subject to arm easement far any utilities that may exist and lie an the praperky. ~Y"qe~° ~, reemer~u~ N'a prier ar present agreements ar representatlcns shai~l be binding upon Buyer ar Seller unless included in thws Cantract. Na rnodiflaation ar change in this Contract. shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be baund by it. &~. U~arrar~~ie Seller warrants that thei°e are no facts known to Seller rnaterially affecting the value of the real property which are net readi8y observabNe by Buyer or which have net been disalored to buyer.. 7 5~1~~ ~.Il ll~l >G.11'~ 'l'~ ~l~d'~'1 ~'Y' 1C' S~1GIC ~.1°~I:~ P~5 Buyer: Delray beach l Ia~,lsi~ A~tl~aa~it~ Se1.1ei°; r~"he City of 17e1ray 13~eacln Property: T.~at 1, )3laclc , T~.C7SN1~1°T PAID., accarding to tine Plat t;ez°eaf, as ~°ecard~~1 in Plat 13aak 13, Page ~Q, of the Public Retards of Palnrn leach Caunty, Plarida, a11~'a ~l~l S."1, 6`~, Awenue, l~elr°ay Leach, ILL 331 The Panties further agree as fallavvs; 1, Uisclasures: A, Mold; 1'vlold is ~ nat~7rally ac~.i~~r°at~ ar~~ ir~ay ~aus~ health risl~s ar aa~~e to 1'rala~r~y. li 13~uyer is cancei-ned ar desires additional infarrnation rega~'dflng meld, Pn~yer sl~auld contact. an appropriate professional. ~, l.~ead iaVarning, Statement. Avery purchaser af` any interest in ~•esidential real prapei ty an l~icln a residential dv~relling was built prier to 1 ~7~ is natilied that suc1~ p~°ape~•1y may present expasu~.e to lead f~t°anu lead-based paint that may place young children at risk of developing lead poisoning. Lead. poisoning in young cl~rildren may pradnace pernnanent nec~ralagical damage, including learning disabilities, rcducecl intelligence quotient, behavioral problems, and impaired mez-nary. Lead poisoning else poses a particular risl~ to prcgnasnt warren. fihe Selle~° of any interest. in i°esidantial real prape~~ty is reclui~°ed to pr°avide the Buyer with. any infarimatan an lead-based paint 17azards Pram risk assessments or inspections in tine Seller"s possession and ratify the. buyer of any lcnan lead~bascd paint hazards. A risk. assessment ar- inspection far passible lead. based paint bazar°ds is r~ecommended pr°iar° to purchase, Seller's l~sclasure (initial) (a) Presence al"lead-based paint andlor lead based paint hazards (chec;l~ are Lelaw~: lnawn lead.-based paint. and/ar lead-lased paint hazards are present in the pausing explain) Seller Iles no 1~nawledge of lead-based paint ancllar• lead based. paint lrazar°ds in tine pausing. (b} Retards and repar~s available to ti~-e Seller (checl~ belowv~~ Seller has prmavided the purchaser with all available recar°ds and. reports pertaining to lead-based paint andfar lead-paint hazards in tl~e laausing Mist Page 1 of 3 dacumsnts} Seller has na •eparts ar rscards perlainin to leadwlaassd pallet andlar dead paint. hazards in flee laausin. P'urchasei~"s clu~alsdg~eixt (initAal~ (a} Aug°chassr has received e~piss of all inlarmatian listed al~ave. __.___ {d) l~urt<hasel• leas received tl~e parraphlet ~~otec! .I''c~z~~• 1~°~il.~.°~na L~~r~? ire ~~~vp, I~`c~rra~ ~s) 1'ur•chaser has (cl~ecl~ ane l~ela~v}: T~.scsivcd ~ l!~-play appar°tunity far mutually agreed open periad~ to canduvt ~ risl~ assessment ar inspcctian ~a~• the presence of leadabasscl paint a~~dlar lead-lased paint hazards; ar Iaived the appartunity to canduct a risk. assessment ar inspsctian far the presence of lead-lased paint and/ar lead-based paint l~a~:a.rds. ,~.gen~"s Acl~a~avalsdmertit Initial) (t~ 1-gent has infarrr~ed cller aftl~-e ~eile~°'s abli~atians under ~1• IJ,.~".•8 ri(d) and is awTare of leis/her respansiblity to erasure caa~~pliancs. ~"ea~ti~catian afAccuracy The fialla~ving paa•tiss have revised the infarmatian shave and certify, to tlae best of their li~na~vledge, that the infarmatian they hays pravidsd is true and carrsct. ~'. T'I~C~I'IRT~ TAB 1:-IS~L~rSLTRB SUl!vIAI~: BI.J~t"Bl~. S1~Ct~I.:fl..l~ l`~~DT l~.T`I.~~ c~ "CHI: SBLLBI~." ~IRII~bT I'I~C7PIJRT'~' T"A3",TS AS SIB A~'IC)Ul~l~ C)p I'I~t~l'l~l~:I"' "l'r~S "I'IIA.T" TIC BlJ~r'ER l'wi,Y BE ~BLI~t~"I~lI7 T~ I'AY TI'~f TI-Ih, YBC~[~. SUBSELII~I'~~, l,~ I~'UI~.CIIASE. A I-I1"~~:r~ ClF ~`"~w'I`~EI'~fTll'' iC-I~ T'1~~PER.T~ IMP'1'~~~/Bi4'IE1`~T TI~.It=r~BRS "l"i~F AEIVIE~iT t~F" ~'I-IE PF~CIPEI~1"Y "f HA'l" C)~JL1~ I~.EL1LT Ill I-IIC~ITE1~. l'I~'.~3I~LTi.T TAGS. TF YOU ~iA~'I~ Al'~~' +~I1L'I'IG~T~I ~°(~fiI~T~I~?'~1~ V,r~L[JA,TIC)l`~, CC;~T~.~T TI-IB +~C-Ul'~`I'~r' p'Rt~PFF~T`x' AI~I'ISB~'S (~FFI~E FC~I Ilwll-0 C7 1VIATIt~l~1, ~. t~ith respect la Standard. ~A), if title is faund defective, Seller may, laa.rl shall have na ahligatian, to render: title rmarl~stabls. In l;hs event Ssllsr days eat rer~dsa° tills marl~etal~ls vrilhin thirty (3i1~ days after the date of Buyer"s natics la Ssllsr advising the Seller ai` the defects in title, Buyer shall Dave the aptian of either cancelling this C~anti°act and 1°scsiving a rsf~nd afthe deposits paid, ar to accept title as is and class.. Seller has ag~•esd to convey the I~raperty to BLaysr under the assumption that there arc aaa Page of 3 liens, encuzxzbrances, rnart~a~es, assessments ar ether evidences of debt. (hez•ciz~al`ter caliectvely z•eferred to as `°liens and encumbrances") ~vllich znL~st be l~aicl by Sellez~ at clasin;. In the event )zzyer deterzxzines that there are liez•zs az~rd encumbrances, Seller sizal- i~zave the ai~tian of paying aff the liens and. encnrnl~rances at clas%z~, d~iliz•u wvl~~cl~, Buyer may pay the lien's ar enczambrances, Baayer may cancel this Contract and z-eceive a refund a its deposit, ar Buyer may accept title as is sul~~ect to the liez-zs and. encumbrances and. close, 4. with respect. to Standard ~L), if the i'rapcrty is dammed by fire ar athez° casualty before clasin~,, Scllez° zrzay elect to resters the Property, failing vvl~rich, Buyer shall accept the physical cazlditian ai'td'~e Property as is ar Buyer nay cazzcel this Contract and. receive a. refund of its deposit. 5. Standard ~ is hez:eby deleted and file fallowing is stated in its place.; "if Buyez• fails to perform the Contract ~vithizz file time specified, Sellez° may cancel this Contract and. lee relieved. of all obligations z:zndez° the Contract ar Se11er may seek specific pcrfaz-rnaz~ce. if Seller fails to perforrrz tl~s ~Cantz°act itl~n the trrze sfaecified, z~yer play elect to cancel tdzis Contract and z•eceive a rettiarn of Buycr~s deposit, c>r Bayer may seek specific laerf~rmanc. ~. With. respect. to Paragraph. ('V} of the Contract, the tz°ansactian shall be closed az-zd the deed az~d ether closing documents delivered on or bcf:~+re seven (7~ days after Buyer leas cietez-mizzed the i'raperty caz-zclition is satisfactory to Buyez° puz•szzant to Paa•agraph ~1}~B) of tl~e Contract. 7. buyer accepts the PrPperty ~ iS in its present physical condition, subject to any violations of govez°nmental, buiidiz~g, erzviz°onrnental and safety cedes, restrictions ar re~uirez~a.ents and si•za11 be responsible faz• any and. all repairs and rzzpravcments required, Seiler melees na z°epresentatian ar warranty zelating to the physical condition. of ar title to tine Property. ~, Standard (R) of tl~ze Contract is hereby deleted. ~. °f1~re terms and conditions of this Second Addendtzrn central aver any cani7acting tez~zns and conditions contained in the Cantz°act or ar•ry the ether ~dclez~dum tc~ ti~ze Contract. Delray Beach 1--lau,sin Autharuty, Buyer ~.~ ,, date; ~ r ~" ~. ~ .,;N City of L)elray Leach, Seller Fib: l )ate; Pa,e 3 of` 'JC'II AIC~~I~I~JI~'I T(~ ~"~~l'T>r" ~C"'T >f ~i~ ~ A~ Pl<.1I~CI~~4SE~ Buyer: I~elr°ay Beach Horrsi:n~ Authority Se11er; City of 1'~elrway Beach Pr•opcrty; Lot 1, Bloch S, ~f3SBlv1l'~T PARK, according to tl~e Plat thereof, as recorded irr Plat Boob 1., Page 6d~, of tlae public Records of Palm Beach Cor~';rrt, f'lori~ia, all~a 611 S. . ~ti, Avenue, l~elr~ay Beacla, l?lor°ida 3-44 The Parties furtl°rcr agree as follows; ~,, dditcrn~ errw~e~a~rats a~tc~ cstietla~ss 1. u-iyr shall ~wvrr Prcr~~rti~~ ~ritl~ a ~c~~errant crrr tl~r~ land. and ~raiit, rewirirl that it be rrrar~tained as affordabfle re'rtal snits for• tenants at or below 5th°~'~, o[`AMT fog- period of twenty (2~~ years. 2. 13rryer° shall rnal~e the Property available fbr rent by l~ousel~olds at or below ~°~'~ A11rlI as defined by tyre current Incorrre Limit charts adjusted to far~-~aly size, "G'~est. Palm Beach _ Boca Raton, I"vletropolitan Statistical Area., (Palm Beach County. ~. ~"he Brayer assures the City tl~,at, in connection with the properties acclw-r•ed is for rental purposes through this Agreement, it is public housing Strbrecipicnt (a Public lousing Autl7or:ity) funded. by l~l~l~. The Buyer assur°es the City that., as such, it is lcnowlcdgeable about I~1CL3 re~uiremet•rts for incon~re clualifyirrg of occupants of rental housir~rg units according to T-1:1~1~ irrcor~re ;uidelines and abouut establishing rent affordability for such, occupants. Accordingly, the buyer shall irxcor~re qualify albs occupant of the property accluircd through this Agreement according to the ~°equiremer~rts contained. in the 1~eclar~ation ol" Rcstrictsor~s associated with each such property, ar~rd shall. maintain the level of rent. plus utilities (based on the 1-It.JLL3 Section 8 utility schedule) at an affordable level for the occuparrot. Such affor°dability shall, be regarded as beirxg achieved if r~o more than thirty-five percent (5%~~ of tl~e occupant's gross household income is expended on the sum of the rent plus utilities based orro tl~e IIT~L- Section ~ utility schedule. `l:l~re Buycr° shall report all p~°ogram income (as defined at 4 CFR 57t~.,~flt}(a) generated by activities car°r°icd out with 1'~SI' (rinds made available r,rr~der° this contract. `I"1~ue use of prcagram income by the Buyer shall comply with the requirements set ft~rth at 24 C~'R ~74,St14. By way of further limitations, the Buyer may use such income during the contract period for activities perr~ritted under this Agreement. Scr;. the 1'~eighborl~ood Stabilization Program Agreemer7t with the l~elr-ay Beach Ilousir~g Authority dated C>ctober° 4, ~~1 ~ attached. hereto as l~xhibit "B". Prepared by: RETURN: Terrill C. Pyburn, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, FL 33444 QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, executed this day of , 2010 by the CITY OF DELRAY BEACH, and having its principal place of business at 100 NW 1St Avenue, Delray Beach, FL 33444, First Party, to: DELRAY BEACH HOUSING AUTHORITY, and having its principal place of business at 600 N. Congress Avenue, Suite 310B, Delray Beach, FL 33444, Second Party: (Whenever used herein the term "First Part}' and "Second Part}' include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporation, whenever the context so admits or requires.) WITNESSETH, That the said First Party, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First party, either in law or equity, to the only proper use, benefit and behoof of the said Second Party forever. IN WITNESS WHEREOF the said First Party has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year first above written. WITNESS: CITY OF DELRAY BEACH, FLORIDA (Please Print or Type Name) STATE OF FLORIDA COUNTY OF PALM BEACH By: Nelson S. McDuffie, Mayor The foregoing instrument was acknowledged before me this day of 2010, by (name of person acknowledging), who is personally known to me or who has produced as identification. Signature of Notary Public -State of Florida EXHIBIT "A" Lot 21, Block 5, ROSEMONT PARK, according to the Plat thereof, as recorded in Plat Book 13, at Page 60 of the Public Records of Palm Beach County, Florida. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: November 11, 2010 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 RESOLUTION N0.62-10/CONTRACT FOR SALE AND PURCHASE/DBHA/ 616 S.W. 9TH STREET ITEM BEFORE COMMISSION Staff requests City Commission approval to donate a Neighborhood Stabilization Program (NSP) property to the Delray Beach Housing Authority (DBHA) for the benefit and rental of units to households at or below 50% AMI. BACKGROUND The City of Delray Beach has received $1,905,005 under the Neighborhood Stabilization Program (NSP) award through the Florida Department of Community Affairs from the U. S. Department of Housing and Urban Development (HUD) and $400,000 from the Delray Beach Community Redevelopment Agency (CRA) as a result of the Housing and Economic Recovery Act of 2008 (H.R. 3221). The NSP funding is for the purpose of purchasing foreclosed or abandoned homes for rehabilitation, resale, or redevelopment in order to stabilize neighborhoods and stem the decline of home values. NSP Funds are to benefit Low, Moderate and Middle Income Households (LMMI). LMMI households are defined as those with incomes less than one-hundred twenty percent (120%) of Area Median Income (AMI) as determined by HUD. The City and DBHA entered into an Agreement dated July 16, 2010 which was amended and restated on September 21, 2010 for resale of bank owned/REO units within the NSP1 Target Area for the purpose of leasing the units to income eligible households. Disposition, through sale, donation, or otherwise, of residential units is governed by the NSP Housing Assistance Plan (HAP). All properties for rental under this activity will be transferred for the purpose of affordable housing to benefit LMMI households. All properties acquired and rehabilitated for the purpose of rental housing under the NSP Program shall be donated to DBHA. DBHA will make units available for rent to households at or below 50% AML Individuals or households who wish to occupy NSP Rental Units must apply directly to the DBHA. The Neighborhood Services Administration staff will monitor the project on an annual basis to ensure continued affordability, ownership and maintenance of the property during the 20-year term. This item is for transfer of the following NSP property to DBHA: 616 SW 9th Street. RECOMMENDATION Staff recommends City Commission approval to donate a NSP property to the DBHA for the benefit and rental of units to households at or below 50% AMI. RESOLUTION NO. 62-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN PALM PEACH COUNTY, FLORIDA, AS DESCRIPED HEREIN, HEREPY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE PETWEEN THE PUYER AND THE CITY OF DELRAY PEACH, FLORIDA. WHEREAS, the City of Delray Peach, Florida, wishes to transfer property located at 616 SW 9~ Street; and WHEREAS, the Puyer hereinafter named desires to buy the properly hereinafter described from the City of Delray Peach, Florida; and WHEREAS, it is in the best interest of the City of Delray Peach, Florida, to transfer said property to be used for affordable housing purposes. NOW, THEREFORE, PE IT RESOLVED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Peach, Florida, as Seller, hereby agrees to transfer to Delray Peach Housing Authority, as Puyer, for the purchase price of Ten Dollars and 00/100 cents ($10.00), said properly being described as follows: The East 45 Feet of Lot 80 and the West 15 Feet of Lot 81, Plat of Delray, an addition to Delray Peach, according to the Plat thereof, as recorded in Plat Book 12, Page 59, Public Records of Palm Peach County, Florida. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Peach, Florida, and the Puyer as hereinabove named are incorporated herein as E xhibit "A". PASSED AND ADOPTED in regular session on the day of , 2010. 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L (b} I ta~~r ~y by ~firmin,~ file my ii:nny rfin~ f fi~ r~idrnfiil uuldin„ if any i I~a~t~ pan file If I~'r~rfiy. SCI. P'E~I~L ~L ~ INf ddifiic~n~l firm r ~ b pro~ridd, fil°ry +~vill b pr~av„i~dl in fih afit~hd ddlnd''~a. Ifi fil°~r~ i n d~nd h hr / ~I'1~`~' ~~ ~~L~A~Y ~~~Y~„ FL+~~I~I~!~ ~y: 11JIy~ar ~fi ,AT~~T': ~LI~~~' ~EF-1 1-1~~1IN~ P~UTI-I~~ITY ...I" 0 ~I~ d v ~ ~~~ - Prinfi ~~ ~fi ~~ ,x~` PLC.. I`TY (~ I~Li~~,Y ~~Fa ~~~I~ ~'i~C~~"ITI' AdC~R~ 1, tip trt, C~~ry ~~h, FL '44~4~ I~ I~~I ~ (c~n~inu~ed); `I~I~i ~~~rf i x~rrly antir~n~ aid ~or~~i~ind ~a~r~ tl~ pr~a^ul ~ the rr~ lay ~~ City ~rr~rr~iur~ ~r~ the icy a~ ~Ir~ I~h. ~~.L.EF~' II~11T'1AL 1~~(~ INII~°IL: ~~ . ,X 4 ST,~,~IN~l~,N~C1S FC~R q~BAL EST~T'E TRA(~S.ATIC~~IS P,, IBrvtde~+~e ®f °fit~e: ~, title insurnc commitment issued by ~ Florida licensed title insurer agreeing to issue to Buyer, open recording of the deed to Buyer, an owner's policy of title insurance un the amount of the purchase price, insuring Buyer"s title to real property„ subject only to liens, encumbrances, exceptions or ualificatuon set forth in this areerrrent and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at oi° before closing. Marketable title shall be determined according to appluoable title standards adopted by authority of The Florida Bar and in accordance with law, If title is found defective, Buyer shall notify Seiler in writing specifying defects}. If the defect(s) render title unmarketable, Seller will have one hundred twenty (1gj days from receipt of notice within wi~ich to remove the defectQsj, failing which buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(sj paid which shall ummediiately be returned to Buyer, thereupon Buyer and Seller shall release one another of all further obligations under the agreement, SeCler will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, includiing the bringing of necessary suits. B. Sine :Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same,. may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real prope~~ty or that improvements located on real property encroach ors setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicabCe governmental regul'~ation, the same shall constitute a title defect.. C. In~res.s arr~ ages Seller warrants and represents that there is ingress and egress to the real property suffcuent for the untended use as described herein, title to which is un accordance mouth Standard ~,. ~. Leases: If applucable, Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all wrutten leases and estoppel letters from each tenant specifying the nature and duration of the tenants occupancy, rental crates, advanced rent and security deposits paid by tenant, Nf Seller is unabbe to obtaun such letter from each tenant, the same informatuon shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such unformation. Seller shall, at closing, deliver and assign all original leases to Buyer, B, Lterms: Seller shall furnish to Buyer at time of closing an affidavit attestung to the absence, unless otherwise provided for herein, of any financing statements, chums o:F lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (gg) days immediately preceding date of closing. If property has been improved, or repaired within. that time, Seller shall deliver releases or waivers of mecl~anucs' liens executed by all general contractors, subcontractors, suppliers,. and materialmen in addition to Seller"s 6iei°n affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirmung that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing, F. P'l~ace Hof lasi~~ dosing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. (~, Tice: Time is of the essence of this agreement.. Time periods herein of less than six (~~ days shall inn the computation exclude Saturdays, Sundays and state or natuonal legal holidays, and any time period provided for I~erein wl~ioh shall end on Saturday, Sunday oi° legal holiday shall extend to 5:gt~ p,m, of the next business day. I-N. ~c~urr~e~°:,_fr~r~ i+oain Seller shall furnish deed, bill of sale., mechanic"s lien affidavit, assignments of leases, te~~~~nt ~:~nd mortgagee estoppel letters, and corrective instruments. Buyer shall fu~irnish closing statement,. mortgage mortgage note, security agreemert, and financial statements. I. ~~~e~ses: Documentary stamps on the warranty deed and recording correctuve instruments and the warranty deed sha,IP be paid by Brayer, J. Pr~r~tiona; credits: Taxes, assessments, rent„ interest, insurance and other expenses and revenue of property shall tae prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, un which event premiums sha11 be prorated. Cash at closing shah be increased or decreased as may be rewired by ptorafiions. Prorations will be made through day prior to occupancy if occupancy occur°s before closing, Advance rent and security deposits wil4 be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current. year's milage is not fixed, and current year°s assessments is avaulable, taxes will be prorated based open such assessment.. and the error year's miVage. If current year"s assessment rs net avarlable, there taxes will be prorated on the prir~r year`s tax. Nf there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st, of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessa~rent to be agreed upon between the parties, failing which, request willl be made to the County Property Appraiser for an informal assessment taking into consideration availab6e exemptions. Any tax proration based on an estimate r°nay, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect. i!s in the closing statement.. i~. ~cial ~Aessrner~~ Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of NFffective Datej are to be paid by Seller. Fending liens as of date of closing shall be assumed by Buyer. if the improvement has been substanfiually completed as of Effective Crate, such pendiing lien shall be considered as certified, confirmed or stifled and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body, L. Risk. of Liss: if the property is damaged by fire or other casualty before closing and cost. of restoration does not exceed fih~e purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration casts escrowed at closing, tf the cost of the restoration exceeds three percent (3Q/a~ of the assessed valuation of the improvements so damaged, Buyer shall heave the option of either taking property as is, together with either the three percent. (%~) or any iinsurance proceeds payable by virtue of such loss of damage, or of canceling the agreement and receiving return of deposit(s), N1. Bscrcouv; Any escrow agent (m'Agent") receiving funds or equivalent is author°i~ed and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance,, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not. excuse Buyer's performance. If in doubt, as to Agent's duties or liabilitues under the provisions of agreement, Agent may, at Agent's option, continue to hold..... the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment, of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with..., the clerk of the circuit court having jurisdiction of the dispute. flpon notifying ali parties concerned of such action, all liabuluty on the part, of Agent shall fully terminate, except to the extent of accounting for any items pr°evuously delivered out of escrow. If a licensed real estate broken°, Agent will comply wifih provisions of Chapter rya, F.S. (~198~), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent. hereunder, or in any suit wherein Agent interpleads the subjiect matter of the escrow, Agent shall recover reasonable attorney"s fees and costs incurred mouth the fees and costs to be charged and assessed as court costs in favor of the prevauling Iparty. Fettles agree that Agent shall not be liable to any party or 6 person for misdelivery to Buyer or Seller of items subject to this escrow„ unless such misdelivery is dine to willful breach of contract ar gross negligence of Agent. N. Failure ~t ~ertc-rrrtanoe: If Buyer fair to perform this Contract within the time specified Seller shall be relieved of all obligations under Contract. Nf, for any reason other than failure of Seller to male Seller"s tiitle marketable after diligent effort, Seller fails, neglects or refuses to perform this.. Contract, the Buyer may seek specific performance or elect to receive the return.. of Buyer"s depcsit~sj witf~out thereby waiving any action for damages resulting from Seller"s breach. Q, ~~re+~rrrent N+~t ecoreia~ble; P`ers~ns ~orand, t~rrtAice: Neither this agreerent nor any notice of it shall., be recorded in any public records, This agreement shall bind and inure to the benefit of the parties and their successors in interest. W°~henever the context pert~rits, singular shall include plural and one gender shall include alll. Notice given by or to the attorney for arty party shall e as effective as if given by or to that; party. P. Conv~lrance: Seller shall convey the property by way of Cluit Claim (7eed subject to an easement for any utilities that may exist and lie on the property. ~. ether A-cireern+~nt; No prier or present agreernents or representatiions shall be binding upon Buyer or Seller unless included inn thin Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing at7d executed by the party or parties intended to e bound by it. R. 1~1'~rrantie Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyet° or which have net been disclosed to Buyer. 7 5~ .~~IY[~1 T~ '~" ~"~' 1~'® ~.~, ~I~iII~ Ip1° B~iyer: T~elray Beech T~ausin~ ~utharity Seller: The pity of Delray Beach p'rrerty: Tl~e l~;~st ~d• feet of Lat. 8(1 and °th~e 'Vest l ~ feet of Lat $1, Plat caf J~elray, ~~~ ~ddikiarr to 1~e1~•ay Beach, according ka the T'lat thereof, ~s recorded in flat Baal T2, Page 9, Public ~'.ecors ofF"alrr~ Beach Caurzty, ~'larida. The T~arkies furkher agree as falla~us: T. TT~isclasures: ~k° 1vTold: l~/Told is a naturally occurring and may cause health r°sl~s ar rlarmage to ~'raperky. T~ Buyer is concerned ar desires additional infarrnation regarding rnoTd, Buyer should contact an appropriate professional. ~. Lean V~'arnzng Statements T'very purchaser of ar interest ire residcntiaY reaY praperky an which a residential dwelling was built prior to 19'78 is notified that such property znay present erasure to lead from. lead-based. paint. that: nay place young chiYcl~•en at risl~ al dcvelring lead.. poisoning. Lead poisonir in yor.~ng chiYdren may produce pez~rna,nent neurologica9 damage, including learning disabilities, reduced intelligence puotient, behavioral prablerns, and impaired rnez°nary. Lead poisoning also paces ~. parkicular risl~ to pregnant wornen. The Seller of any interest in residential real property is required. to provide the Buyer witT~ any infar-matian an lead-based paint hazards from risl~ assessrrrents or inspections in the Seller's possession and notify the Buyer of any l~nown lead-based paint hazards. ~ risk. assessment ar inspection far possible lead based pairrk l~a,zards is recorrrrnended prior to purchase. Seller's L`risclosure (initial) (~} x Seller has na l~rrowledge of lead-based paint and/or lead based paint hazards i:n the housing.. fib} Records and reporks available to kl~e Seller ~checl~ below); Seller has pravicled the pur°chaser with ill ~vail~ble 1-ecards ar~d repasts pertaining to lead-based. paint andfar lead-paint hazards in the housing (list Bresence of lead-based paint and/or lead based paint hazards check one below: T~nawn lead-based paint and/ar lead-based paint. hazards are present in the housing (erlain~ Page 1 of 3 documents feller has no reports or re>cords pertaining to lead-based paint and/or lead paint. hazards in the housing. Purchaser's Aci~rowledgtnent (initial)... Vic) 1?'urcl~aser has ~•eceived copies of all information listed above {d~ Purchaser leas received the pamphlet ~r~tect Yozc~~ .T~'c~r~ily,,,~rc~m ~ e~~ ia~ yo~~r• ~Ia~a~ (e~ P"urcllaser has (check one below); Deceived a i Cl-day opportunity (or m~.atually agreed upon. period) to conduct a risl~ assessment or inspection fbr the presence of lead-based paint andlor lead-based paint. hazards; or waived the opportunity to conduct a risk assessrne:nt or inspection for die presence o lead-Lased paint andfor iced-based paint hazards. Agent"'s ~cl~r,owledgment (Initial) ~~ f~gent has informed feller of the elle~°"s dbligations under ~. I1..C.4~~2(cl) and is aware ofhisPhcr responsibility to ensure compliance. Certification of .Accuracy Thee following parties have reviewed tl~e info~•rnation above and certify, to the best of their l~noledge, that the infix"rrnation they have provided. is true and correct„ C. PI~~P~R.'I"Y' T I~ICI~C- T~JA.R~~ ~Li'I2. I-I~ULLt i~l~T RELY ~ Till; '~ELLTJT~.' CLiT~I?~:Ei~1T P1.C3PEI~TY "1'AXC ~ TIC ~.M4~U~fT ~T" PZ~~P~I~T~x' TA..~ T TI-~ ~~YEF: MAY" 13~ c~~Li~~1`T'~i~ 'f~ i'A'4'~ Il`~ Tl-fE Y~°,A~~ ~~EQ[J1T TCl PCJP.GIIIt1E. A CII~.I'~G>~ ~f° C~~IEi~I~IIP +~ PI~,f3PCTY IMP.~.JV~M~l'~1T TI~~~I~ 1'Id~ .!~~~,~M~~IT ~P THC PI~;.~JPEF4T`~' "I"HA"l CC~~LTLT.~ I~.:I~fJLT l~ 1µII~iI-IER PI~~P~i~TY TAE. IF ~c"~I~ H;A'~7~ ~.l*T~ ~UETIt~~15 C~fi~C~I~l~il1`~iG VAL.T.~TI~I'~, Cc~~iTA.CT T~~ CC-i.J~1TY PP.~DPEi~TY~ APPRAISED." C~p'p'IC~ FC~iZ liF~I~IATIt~~*l. with respect to Standard (A), if title is found defective, Seller may, but shall lave no obligation, to render title rnar-i~etable. In the event Seller does not. render title marl~etable within thirty ~3~J) days aftter the date of Foyer`s notice to Seller advising the Seller of t1~e defects in title, buyer ,shall. have the option of either cancelling this Contract and r°eceiving a ~°efund of the deposits paid, or to accept title as is and close. ~~ Seller has agreed to convey the Proe~~ty to Euyer vender the assumption that there are no Page 2 of liens, cncumbranses, rnortaes, a.ssessrrgents or other evidences of debt. thereinafter collectively referred to as "°lisns and. encumbrances""~ vahish must be paid ~y St;ller at slosr~. In tl~e event >a,~yer detern7ncs that there are liens and. ensurr~larances, Seller sha-l have the option of payin,~ off tl~e liens and. encurnbransss at closing, failing vM^h.isl-~, )~~.ryer ~r~ay pay the liens or encumbrances, f3uycr may cancel. this Contract.. and receive a refund. of its deposit, or buyer may accept title as is subject to the liens and encumbrances end close. . 'Vv°ith respect to Standard (L~, if tl~e Property is damaged by Pare or ether casualty befon•e closing, Setter may elect to restore the Property, failing whisl~, ~uysr shall accept the physical condition of the Pr~apcrty as is or buyer may cancel thus Contrast and receive a refund. of its deposit. ~. Standard ) is l~ey-eby deleted anal the following is stated in its lalace: '"If l3uycr fails to pe;rfol-rn tl~e ~~ntract within the tune specified, feller may cancel this Contract and be relieved of all obligations under the Contract or cllei° may Seek specafis performance. if Seller fails to perform this Contrast within the time spccifiecl, 13uye~• may elect to cancel this Contrast and receive a return of buyer's deposit,.. oz• Buyer may seep speci:[ic perfcrn~ance. ~. With respect to Paragr°aph ~) ol''the Contract, the transaction shall be closed and the deed. and otl~sr closing documents delivered on or before seven (7~ days after buyer alas dete~~x~ned tl~e Property sondition is satisfactory to I3~ayer pursuant.. to Paragraph ~I~~f3} of the Contract. 7. buyer accepts the Property AS IS in its present physical condition, subject to any violations of governmental, building, environmental and safety socks, restz•istions or rec-uire~x~ents and shall be responsible fir any and all repairs and.. improvements rewired. 'Seller males no representation or wan~anty relating to the physical. condition of or tit-s to the Property. g. Standard (P~ ofthe Contract is hereby deleted.. ~. ~"he terms and conditions of this Second Addendum control over a:ny conflicting terms and conditions sontained in the Contract. or any the other Addendum to the Contract. I~slray I3eash Ilousin Authority, l~uye~- ~ ~ m- ~~~ City ofl7elray Beach, Seller Y: l~!ate~ Page ~ of 3 ~"Hil~ib ~ l~J "~'°iJ C~I~I'lf C'T' l~~>C~ ~ Al'IL~ lf~ClIASE Buyer; l~clray Beach Housing authority Seller;: City of C~elray Beac1~ property: The East. X15 feet of lot Q and the ~N'est 15 Feet of Lot 81, plat. of Delray, an Addition to Delray Beach, according to the Plat thereof, as recorded in plat Book 12, page 59, of the public l~.ecords oaf ~alr~ Beach Caunty,'l~lori~da, ells/a 616 .'+~'. 9t" Street,. T~elray Beach, lwlorida X3444 the parties Further agree as follows: Am dditicatt~l cow~~rr~~ts end r~cst~°c~iartsA 1. buyer shall own properties with a covenant on the land and unit, requixing that it be maintained. as afford~lale rental. units for tenants at or below 5Q% of AMl for a period of twenty ~~~') years. 2, Buyer shall make the property available fear rent by households at or below S(1% AMI as defIlned by the cu'rrent' Income Lirrait charts adjusted to family size, 'cr'est palm Beach ~ Boca baton, Metropolitan Statistical Area, (palm Beach County. 3, Tlae Buyer assures the City that, i.n connection with. the properties acquired is For rental purposes through. this Agreement, it is a public housing Sukarecipient (a Public Housing Authority} Funded, by I~C,11 The Buyer assures the City that, as such, it is lcnowledgea~.ble about HrJ~ requirerner~ts fear income qualifying of occupants of rental lousing units according to 1ll.ll~ ira.come guidelines and about establishing rent aFFordability for such occupants, Accordingly, the Buyer shall income qualify the occupant of the properly acquired through this ~.greernent according to the requirements contained in the Declaration. of l~.estrctons associated with each such property, and shall maintain the level of rent plus utilities (based on the HL~D Section. ~ utility scheduled at an afFordable level. for the occupant. Such. affordability shall be rcarcled as being .achieved if no more than thirty-five percent ~35a/~~ of the occupant's gross household income is ea~pended on the sum of the rent plus utilities based on the 1-rr.~D Section ~ utility ssshedule. T"he Buyer shall report all program income (as defined at 24 CI~R 7~.Cl~~a~ geaaerated by activities carried out. with p funds made available under this contract. The use of program income by the Buyer shall comply with the requirements set Forth at 24 CFR 570.54. By way of fui-tl~r limitations, the Buyer may use such income during the contract. period For activities perarritted under this Agreement.. See the 1`~eighborhood ,Stabilization, program Agreement with. the Delray Beach l~oush~g Authority crated. +~ctober ~, 201.0 attached hereto as Easlribit "B>'. Prepared by: RETURN: Terrill C. Pyburn, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, FL 33444 QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, executed this day of , 2010 by the CITY OF DELRAY BEACH, and having its principal place of business at 100 NW 1St Avenue, Delray Beach, FL 33444, First Party, to: DELRAY BEACH HOUSING AUTHORITY, and having its principal place of business at 600 N. Congress Avenue, Suite 310B, Delray Beach, FL 33444, Second Party: (Whenever used herein the term "First Part}' and "Second Part}' include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporation, whenever the context so admits or requires.) WITNESSETH, That the said First Party, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First party, either in law or equity, to the only proper use, benefit and behoof of the said Second Party forever. IN WITNESS WHEREOF the said First Party has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year first above written. WITNESS: CITY OF DELRAY BEACH, FLORIDA (Please Print or Type Name) STATE OF FLORIDA COUNTY OF PALM BEACH By: Nelson S. McDuffie, Mayor The foregoing instrument was acknowledged before me this day of 2010, by (name of person acknowledging), who is personally known to me or who has produced as identification. Signature of Notary Public -State of Florida EXHIBIT "A" The East 45 feet of Lot 80 and the West 15 feet of Lot 81, Plat of Delray, an Addition to Delray Beach, according to the Plat thereof, as recorded in Plat Book 12, Page 59, Public Records of Palm Beach County, Florida. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: November 11, 2010 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF NOVEMBER 16, 2010 RESOLUTION N0.63-10/ CONTRACT FOR SALE AND PURCHASE/DBHA/ 1214-1212 S.W. 2ND AVENUE ITEM BEFORE COMMISSION Staff requests City Commission approval to donate a Neighborhood Stabilization Program (NSP) property to the Delray Beach Housing Authority (DBHA) for the benefit and rental of units to households at or below 50% AMI. BACKGROUND The City of Delray Beach has received $1,905,005 under the Neighborhood Stabilization Program (NSP) award through the Florida Department of Community Affairs from the U. S. Department of Housing and Urban Development (HUD) and $400,000 from the Delray Beach Community Redevelopment Agency (CRA) as a result of the Housing and Economic Recovery Act of 2008 (H.R. 3221). The NSP funding is for the purpose of purchasing foreclosed or abandoned homes for rehabilitation, resale, or redevelopment in order to stabilize neighborhoods and stem the decline of home values. NSP Funds are to benefit Low, Moderate and Middle Income Households (LMMI). LMMI households are defined as those with incomes less than one-hundred twenty percent (120%) of Area Median Income (AMI) as determined by HUD. The City and DBHA entered into an Agreement dated July 16, 2010 and restated on September 21, 2010 for resale of bank owned/REO units within the NSP1 Target Area for the purpose of leasing the units to income eligible households. Disposition, through sale, donation, or otherwise, of residential units is governed by the NSP Housing Assistance Plan (HAP). All properties for rental under this activity will be transferred for the purpose of affordable housing to benefit LMMI households. All properties acquired and rehabilitated for the purpose of rental housing under the NSP Program shall be donated to DBHA. DBHA will make units available for rent to households at or below 50% AML Individuals or households who wish to occupy NSP Rental Units must apply directly to the DBHA. The Neighborhood Services Administration staff will monitor the project on an annual basis to ensure continued affordability, ownership and maintenance of the property during the 20 year term. This item is for transfer of the following NSP property: 1214-1212 SW 2nd Avenue. RECOMMENDATION Staff recommends City Commission approval to donate a NSP property to the DBHA for the benefit and rental of units to households at or below 50% AMI. RESOLUTION NO. 63-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN PALM PEACH COUNTY, FLORIDA, AS DESCRIPED HEREIN, HEREPY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE PETWEEN THE PUYER AND THE CITY OF DELRAY PEACH, FLORIDA. WHEREAS, the City of Delray Peach, Florida, wishes to transfer property located at 1214/1212 SW 2nd Avenue; and WHEREAS, the Puyer hereinafter named desires to buy the properly hereinafter described from the City of Delray Peach, Florida; and WHEREAS, it is in the best interest of the City of Delray Peach, Florida, to transfer said property to be used for affordable housing purposes. NOW, THEREFORE, PE IT RESOLVED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Peach, Florida, as Seller, hereby agrees to transfer to Delray Peach Housing Authority, as Puyer, for the purchase price of Ten Dollars and 00/100 cents ($10.00), said properly being described as follows: Lot 1, Plock 4, ATLANTIC PARK GARDENS, according to the map or plat thereof as recorded in Plat Book 14, Page 56, Public Records of Palm Peach County, Florida. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Peach, Florida, and the Puyer as hereinabove named are incorporated herein as E xhibit "A". PASSED AND ADOPTED in regular session on the day of , 2010. ATTEST: MAYOR City Clerk 1. 4, °TI ~~) toV I~criptic~n: ~c~t °l, ~I~!~ 4., A,~"LB~,IVI~I ~Afl~ ,~1~I~EN, ~~~rd`unc~ tc~ the map ar plat tk~r~~~ ~ r~~~r~ ire PV~t ~ca~a~ 1, P~ 6, F"uubli'~~~rs ~f 1~1~ ~I~ aunty, Florida, P~~I: {b) Adds 1"1111 ~'~ A~v~nu, ~Iray Bash, FY~ F~ ~ .................................tJ1~.~~ VIII. ITT 16 ~.~ j i ' ~'E', i d' _ ° Typrnrrittrn ~r I~ravv~rl~~~n. ~~°r~viic~r7 sl~a~ll ~untr~l III prir~#~I pravi~i }ray ~~ ~~~rau~ 'ire ~r~~liic~ wi~l~ t~rr~. I hJ ~L.'`~Y: ~ayr r~~y n~fi igrr c~n~ra~~. . ~ ~. a () Rdcrn % r~~urlly ~uurrnr~ rdi~tiv gas ~~t, ~~i~ ~urn~al~ in building irr ufFiir~# qu~r7ti~i, may pr~d°~~ he~l~l~ ri'~ t~ pram r~hcr r~ xp~d tc, i~ a~vr ~irn L~vl ~f a°dc~r~ that ~~ced fd~rl end ~t guidl'ion h~ brb fc~ur~d ir7 buildir7g ire Flarid~., ~ddn~iu~7l ii~~~rrra~i~ru r~grding Rd~r7 ~r din ~~io~g ray b ~btin~d l:r+~m your r~urrty I~ubli~ h~l~h ur~if. (b~ u~~ rt~~y h~~v~ d~rrrrund the n~rgy '~ii~~y r~tur~ ~ Abe ridntil build'ur~g, i~ any i~ I~~~d can ~I~, ~I Pr~r~y. I. ~I t~ L li~ ddi~i~r~~l r~r~ ire ~~ b pravi~d, ~I~~y will b pr~vid~ in tl- ~t~~d ~ddr~d IF tl~r i ~r~ ddr~d~u, h~l~ hi°~ ~' Irv ~ ~~lV.~~~ ~,~, L.I~IDA. IVly~rr I~~~ ~u~r-I III l'~'~ :°~ .oM a ~~° ..... ~3y.=- _w_-~ - P'rir7fi ~lrr1~~: C~~t ~~~'~: ~ w ~" ~° ~ C~ LLB; I,~ ~ C~EL1~1~Y C~1-I, f~LI~ IC~~'I~`T'~ A~l-1 ~~4l11 ' ~~ firm, CIr~y '~, ~L 34~ ~~i c~r~tr~ i riy ~~r~fiir~er~t rd~ c~r~i~ian~d up~~ t~ ~~r~vl ~r~ ti7 rr~ Nay ~~ icy ~~mrnii~an ~~ ~h icy ~f 'i~Iry C~h. ELL a' i!9T'1/~,'~: ~~.JY1~' 9NITI,A~1_: ~~~, STe~NC~AI~C)B Ft~Ft P:BAt_ BSTATC Tf~Ah~SATIC)I`~S /~. viderice of Title: ,~ title insurance commitment issued by ~ Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner"s policy of title insurance in the amount. of the purchase price, inst,ering Buyer"s title to real property, subject only to liens, encurnbrances„ exceptions or qualificati~an set forth in this agreement and those which shall be discharged by Seiler at or before closing. Seller shall convey a marketable title subject only to liens, encu~°nbi°ances„ exceptions or pualifications set Barth in this agreement and those which shall be discharged by Seller at or before closing. i'~arketable title shall be determined according to applicable title standards adopted y authority of The Florida Bar and in accordance with law. If tithe is found defective, Buyer shall notify Heller in writing specifying defect(s). Cf the defect(s) ~°ender title unmarket- able, Seller will have one hundred twenty (120} days from receipt of notioe within whioh to remove the defeat(s), failing which Buyer shall have the option.. of either accepting the title as ifi then is or demanding a refund of d'ep~asit(s) paid which shall immedlateiy be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarke't- able, use diligent effort to carreat defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. ~rrve Buyer, at Buyer's expense, within time allowed fio deliver evidence of title and to examine same, m,ay have real property surveyed and certified by a registered Florida surveyor. If survey shows enaroaahment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement. covenants or applicable governmental regulation, the same shalN aonstbtute a tifiie defect. ~. I~grea and ~grea: Seller warrants and represents that there is Ingress and egress to the real property sufficient for the Intended use as described herein, title to which is in accordance with Standard ,~° d. Laee: Ilf applicable, Seller shall, ntat less than fifteen {1 a) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant"s occupancy, rental rates, advanced rent and security deposits pall by tenant, if Seller its unable to obtain such letter from each tenant, the same information shall be furnished by Seller tea Buyer within that time perird in the form of a Seller"s affidavit, and Buyer may thereafter aonfiaat tenants to confirm such information. Seller sl°uall, at alosing, deliver and assign all orlginai leases to Buyer. B. ~,i~ns: Seller shall furnish to Buyer at. time of dosing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, cl'ai°ns of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety o;90) days immediately preceding date of closing., if property has been improved, or repaired within that time, Seller shall) deliver releases or waivers of mechanics" I'iens executed. by all general aontraators, subaontraators, suppliers, and materialmen in addition to Seller's lien affidavit setting fo~-tlm~ fihe names of all such general contractors, subccantraators, suppliers and materialmen and further affirming tl'~at all charges for improvements car repairs which scold se~~re as a basis for a meahania"s line ~ar a claim for damages have been paid or will tae paid at closing. F. B"Va~e I+~ir~ : dosing shall be held in the county where i`eal property is located, at the office of the attorney or other closing agent designated by Buyer. . Time: Time is of tl~e essence of this agreement. Time periods herein of less than six (~i) days shall ire the computation exclude Saturdays, Sundays and state or national bagel holidays,. and any time period provided' for hey°en whioh shall end on Saturday, Sunday o~° legal holiday shall extend to a:00 p.m. ~sf the next business day. ocaaeryts for i~osirr BeNler shall furnish dead„ bill of sage, mechanic"s lawn affidavit, assignmenks of leases, tenant end mortgagee estoppel letters,.. ands aarrective instruments. Guyer shall furnish closing statement„ mortgage, mortgage Hate, security agreement, and financial statements. I.. ~erase~s: Cocumentary stamps on the wary°a~nty deed and recording corrective instruments and the.. warranty dee>d shall be paid by Buyei`. J. Proratrons,_~i; ,~:a: °>maxes, assessments, rent, interest, insurance and ether expenses and revenue of property shal6 be prorated through day before closing. Guyer shall have the option to taking aver any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closings shall be increased ar decreased' as may be required by prarations. Praratians wily be made througtr day prier to occupancy if occupancy acaurs before closing. Advance rent and security deposits will be credited to Guyer and escrow deposits held by mortgagee will be credited to Seller. ~I"axes shall' be prorated based an khe current year's tax with due allowance made far maxir~aum allowable discount, homestead and ether exemptions. If closing aaaurs at a date when the current year"s rnilae is nak fixed, and current year's assessments is available, taxes will be prorated based u~pan such assessment. and tl~e prior year"s milage. If currenk year"s assessment is not available, then taxes will be prorated on the prior year's tax. It there are completed ii°nprovements on real property by January 9st of year of closing which improvements were net in existence on January 'Ist of the prier year then taxes shall be prorated based open the prier year's milage and at an equitable assessment.. to be agreed upon between the parties, failing which„ request. will be made to the County F~raperty Appraiser tar an informal assessment taking into oonsideratian available exemptions. Arry tax proration based an an estimate may, at request of either Guyer ar Seller, be subsequently readjusted upon receipt of tax bill an condition that a statement to that effect is in the alasing statement. M~. raeoial ~ssesrrrerrt lM.ier~ Certified, confirmed and ratified special assessmen# liens as of date of closing (and net as of Effective ~latej are to be paid by Geller. Pending liens as of date of closing shall be assumed by Guyer, If the improvement has been subskantially completed as of Effective sate, such pending Mien shall be considered as certified, confirmed or ratified and Seiler shall„ at closing, be charged an amount equaU to the lack estimate of assessment far the improvement, by the public beady. k„ tsk of Loss: if khe property is damaged by fire ar ether casualty before closing and cask of restoration dace net exceed..... the purchase price of the property sa damaged, cast of restoration shall be an ~abligatian of the Seller and' closing shall proceed pursuant to the term sa the agreement with... restoration costs escrowed at closing. if the cost of the restoration exceeds three percent. (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3°/a) ar any insurance proceeds payable by virtue of such lass ar damage, or of canceling the agreement and receiving return of deposit(s). M. scrr~w: Any escrow agent ("Agent") receiving funds ar equivalent is authorized and agrees by aooeptanae of them to deposit them promptly,. hold same in escrow and, subject to clearance" disburse them un accordance with term's and conditions of agreemenk. Failure of clearance of funds shall net excuse Guyer's performance. If in doubt as to Agent's duties ar liabi~ltikies under the provisions of agreement, Agent.. may, at Agent"s opkian, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties ar Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties canaerned of such action, aNN liability an khe part. of Agennt shall fully kerminate, except to the extent of accounting for any Items previously delivered out of escrow. If a licensed real eskate'broker, Agent, will aamply with provisions of CI°rapter 47.5, ~.. ~19t~7j, as amend'ed' Any suit between Buyer and Geller where Agent is rr7ade a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matker of the escrow, Agent shall recover reasonable attorney's fees and casts incurred with the fees and costs to e charged and assessed as court cash in favor of the prevailing party. l~'arties agree that Agent shall net be iiable to any party ar person far misdelivery to Buyer ar ellerr of items subject to thin escrow, unless such misdeiivery is due to willful breach of contract or grass negligence of Agent. N. ail~.~re a~' ~er~arr~ar~ae: Ilf Buyer fails to perform this Contract within the time specified feller shell be relieved of aii obiigations under Contrast. P~f, far any reason ether then failure of Seiler to make Be19er"'s title marketable after diiient effork, ~~eiier fails, neglects or refuses to perform this Contract, the 'buyer may seek ,pacific performance or elect to receive the return of Buyer's deposit(s) vuithout thereby waiving any action for damages resulting from feller°s breach. ~. ~t r~:rrrer~4 fat l,~carak~le• eraar~a la~~r~d°' ~latiae: hJei~ther this agreement nor any notice of it slhall be. recorded in any pubBio records. This agreement shall bind and inure to the benefit of the parties and their successors in interest, VtiJhenever the context permits,. singular shal9 include plural and one gender shad include all. ~iotice given by or to the attorney far any party shall be as effective as if given by a~° to that perky. ~', ar~veya,ne: feller shali convey the property key way of quit Claim Deed.. subject to an easement far any utilities that may exist and Nie on the property. ~. ~h~er reerr~er~ts:; f~9a prier or present agreements ar representations shall be binding open Buyer or ,Be91er unless included in this Contract, lVa modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the perky or parties intended to be bound by it. l~. °u'~arrartte seller warrants that there are no feats known to eiNer materially affecting the value of the real property which are net readily observable by Buyer ar which have net been. disci~osed to Buyer. ~C}l~- ~+ l~1TA~.11R~I " "~" '~" ~"d.~l~. SL ~ PLtI~~3~.5 Buyer: l~ciray Beach Hauling Authority Seller: The pity of Delray Beach. Pz•aperty: Lot ~ , Bloclc 4~, ATLAI"~ Tl~ I'AR.T turr"-~1~.l~EI~iS, according to tize reap oz• plat thereof as z•ecarded in Plat Boar: 1 Page S~, Pzzblic l~.ecords of Palm Beach. bounty, Florida,. T1-~e Parties fi:rrGher agree as follows:. 1. I3lsclast~:~°es: A. Mold: Mold is a naturally accorring and may cause health risl~s or damage to Praperty. it Buyer is concerned or desires additianal information regarding mold, Buyer should cantact an appropriate professional, B. ]Lead "~farnng Statement: Every purchaser of any interest iz~ z°esidcntial real property o~. which. a residential dwelling was built. prior to l ~7~ is natilied that such property may present exposure to lead from lead-based pant tizat n-zay place yozz~g children at risk of developing lead poisoning. Load. poisoning i.n youzag children znay praduc~e permanent neuralagical damage, including learning disabilities, reduced intelligence ~uatent, behavioral prablcros, and izmpaired memory. Lead poisoztiing also gases a paz~ticzzlar risk to pregnant women. The 'Seller of any interest. in resdezrtial real property is realised to provide the Buyer with any inTorrrzation on lead®based paint hazards fi~azrz risl~ assessments ar inspections in the Seller's possession anti, notify the Buyer of any known 1ea~d-based paint hazards. A risk assessrrient ar inspection for possible lead based paint hazards is recommended prier to purchase. Seller's ]~iscloszare (initial (a) Presence of Lead-based paint andlor lead based. paint hazaz•ds (check one below); l~nown lead-based paint and/ar lead-based paint hazards are present in tl~e houszng ~explazn) ~s. Seller has na knalcdge oflead-leased paint anal/or lead based paint haraz~ds in the housing. (b) l~,ecords and repoz°ts available to the Seller (check below}: Seller has provided the purchaser with all available records and repasts pertaining to lead-based paint and/or lead-paint hazards in the housing (List Page i of dacurr~ents) Seller has na repa~~s ar recards pertaining to lead.-based paint andfax: lead paint hazards in the pausing. Purchaser's Acicnar~vledgrnent initial) ~c) Purchaser has received capies of all infannatian listed a:bave. _.~ (~~ Purchaser has received the pampl~lek ~"~at~c~ 1`~zcr~ ~~rnal~ from L~e~~ irr ~n~rr ~~~ (e~ Purchaser :has (check ane belar~v~a Received ~ l fl-day appartunity (ar mutually agreed open pried) to canduct a risl~ assessment ar inspectan far the presence of Lead-based paint and/ar leadvlaased paint hazards; ar ''awed the appartunity to canduct a ris~C assessment ar inspectan 1'a~• the pt°esence of leacimmhase paint ar~cllar lead~basecl paint hazaz~~is. Agent`s Acl~na~vledgrn~ent ~Initial~ ~ Agent has infarrncd Seller afthe Seller's abligatians under ~~ L1,S.C.$~2(dj and is aware of iris/leer responsibility to ensure carnpliance. Ce~~t~ficatian of r~.ccuracy The falla~ring parties Dave revier~ved the information a'have and certifyp to the best aftheir lcr~.owledge, that the infarrnation they have provided is true and. correct. C. I~R4~PERTY TAB ]:pISCL~SI.Jl SUN - Y: I3U~'FR SH~[TL;I:r I~iCT RELY ~ T'I-IP, S~LI~I~R" ~ ~1T PI~C7P~RT°Y TA.:S AS THE ~'-1~U1`T C:~F P~P~I~~'~i' TAB T~IA`T ~CHT I~LT`,t"R IvtA~' F3E f~~LICrAT~I~ TC) PAS'" Il~wl TIII/ 'Y1A~ SUBS~~LaET TCb PL~P~I-IA. A CHAI~CaE ~F C}'~RHIP C)1~ P1~'.~PE1~T"~,t" Ifi~P~.~EM~~1T TRI~GIJRS THE A.SS>~SSiV1~l"~T C?F THI PI.C~P~k~"1`Y THAT CC7T~liJD lS~[JI_,"T° Ill I-IICiHI~R PRC9PI~JRTS' TA:~S. IF Y~t_S HAV> AI~~ ~LTESTIC~1siS CC-I~iC~RI~III~G ~1ALtJTI(~I`~, CC!l~ TACT `I'HIJ C+~1Jl~lT"~" PRC-PERT~ APPIItAISEP~:`S C~T'FICE FCI~ 1Z~lI~ Rl"vIATI4~l`, ~, With respect to Standard. (A), if title is found defective, Seller tnay, but shall have na obligation, to reruder title rrlarl~etable. In tl~e event Seller does net render title marketable within thirky (3tJ)~ days after the date of Buyer's notice to Seller advising the Seller of the defect's in title, I~uyei shall have the option of either cancelling this Contract ar~d receiving a refund aI'the deposits paid, or to accept title as is and class. Seller has ag~•eed o convey the Property to Buyer under the assumption that there are na Page ~ of 3 liens, eiaci:xmbrances, rnortga~es, assessments car other evidences of delat (hereinafter collectively referred to as °`liens and encizrribrances") which must be paid by Seller at closing, in the event. bi:tyer determines that there are liens and encumbrZiaces, Seller shall have the option of payiza off the liens and. encun~bra.nces at closing, faiTn~ r~rlai~h, Buyer may pay the leias or° er~cur°nbi°arzces, Buyer mad cant;el this ~C~ntract a~~d rec;eive a refund. Qf' ils deposit, car Buyer may accept title as is subject to the liens and eiacumbrances and close. ~.. 'with respect to Standard (L), l`tlae Prape~°ty is damaecl by fire car oilier casualty before closing, Seller may elect to restore the 1''ropcrty, failing which, Buyer shall accept the physical condition of the property as is or Buyer may cancel this Contract and receive a refund. of its deposit. ~. Standard Vii} is hereby deleted and the following. is stated. in its place; °"It Buyer fails to perfo~laa the Contract within the tune specified, Seller may cancel this Contract and be relieved of all. obligations unde~° the Contract or• Seller axiay see1~ specific performance. Tf Seller fails to perfoia~ri this Contract within. the tiraae specified, Buyer may elect to catacel this Contract and receive a return of buyer's deposit, or buyer may seek. specifc performance. ~. With respect tea paragraph () of the Contract, tlae transactioia shall. e closed grid tl°ie deed and other closizag documents delivered on or befiare seven. (7) days after Buyer loos determined the property condition is satisfactory to Buyer pursuant to pal.~a~raph (l)(I3~ of the Contract. 7. Buyer accepts the propci~ty AS TS in its present physical condition, srib~et to any violatioias of governmental, la~,ulding, eiavironrrieiatal and safety codes, restrictions or re~uremerats aril shall be responsible for any grad all repairs and. improvemeiats a°equired. Seller rrial~es no representation or warranty relating to the physical condition of or title to the property. Standard (1~.) of the Contract is hereby deleted. ~l'he terms and conditions of this Second. Addendrirn control over any cozaflicting terms and. conditions coiatained in the Contract or any the other Addendum to the Contract. T7elray Beach. lousing Authority, buyer 13~; ~ `: ~~~ Tate: ~ ~ ~..,'` ', i ~~ .~~~. ~'~ City ofl~elray Beaeh, Seller B~'"; Tate: Page 3 of T~3I A~II'~Ii~~v°Y pI'f~ "~ ~`~" ~I., r~,il~ piF~. Buyer: I~clray Beach Dousing Authority feller; pity of Delray Beach Propei~y; L,ot 1, Bloch ~, A:fI~A~:l~ PARK ~ARf~T"1'~ according to the snap or plat thereof as recorded in Plat Boo1~ l~, Page ~6, Public Records of Palrn Beach County, Florida, allcJa 12111121 , 2"`~ Avenue, Delray leach, ~"lorida ~3~1~1~~1 The Parties further agree as follows:. ~ddi~i~r~bal ciav~arvs artcl ~°~s~r°ic~i~r<s. 1. Buyer shall own properties with a eevenant on the land aryl unit, requiring that it 6e maintairicd as affordable rental units for tenants at or below SO°ln of AN11 for a period of twenty ~2Q) years. ~. Buyer shall male the property available for rent by l~touseholds at oi° below 50'% A:iVII as defined by the current fncome I:aimit charts adjusted to family sire, 'vest Palm Beach ~ Boca Raton, IWletropolltan statistical Area, Palm 13cach County). 3.. The Baiyer assures the City that, in conxiection with the properties acquired. is for rental purposes through this Agreement, it is a patblic Housing ubrecipient Via. Public Housing Authority) funded by DLJI~. The Buyer assures the City that, as such, it is lcriowl~edgeable about DUI requirements foi° income qualifying of occupants of rental housing units according to D:L1L~ income guidelines and about establishing rent affordability for such occupants, Accordingly, the buyer shall income qualify the occupant of the property acquired through this Agreement according to the i°equrements contained in the Declaration of Restrictions associated with each such property, and shall maintain the level of rent plus utilities Abased. on the HIJI~ section ~ utility schedule} at an affordable level for the occupant. 'such affordability shall e regarded as being achieved if no mare than thirty~five percent (35~r'~) of the occupant's gross 1-iouschold income is expended on the suiri of the rent plus utilities kaased on the 1-1t~F~ eclion ~ utility schedule. The Buyer shall report all program income (as defined at 24 CFR "~0.(~41~a~ generated by activities carried out with 1~1P hinds made available under this contract. The use of program income by the Buyer shall cornpiy with the tt°equii°ements set forth at ~~ ~;hi~. 5~~.~~4. By way of further limitations, the Buyer may use such. income.. during tlic contract period. for activities permitted under this Agreement. fee the l~lcighborhood stabilization Program. Agreement with. tl°ie Delray Beach Dousing Authority dated October ~1~, 2~ 1 ~ attached hereto as Exhibit. "B" Prepared by: RETURN: Terrill C. Pyburn, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, FL 33444 QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, executed this day of , 2010 by the CITY OF DELRAY BEACH, and having its principal place of business at 100 NW 1St Avenue, Delray Beach, FL 33444, First Party, to: DELRAY BEACH HOUSING AUTHORITY, and having its principal place of business at 600 N. Congress Avenue, Suite 310B, Delray Beach, FL 33444, Second Party: (Whenever used herein the term "First Part}' and "Second Part}' include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporation, whenever the context so admits or requires.) WITNESSETH, That the said First Party, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First party, either in law or equity, to the only proper use, benefit and behoof of the said Second Party forever. IN WITNESS WHEREOF the said First Party has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year first above written. WITNESS: CITY OF DELRAY BEACH, FLORIDA (Please Print or Type Name) STATE OF FLORIDA COUNTY OF PALM BEACH By: Nelson S. McDuffie, Mayor The foregoing instrument was acknowledged before me this day of 2010, by (name of person acknowledging), who is personally known to me or who has produced as identification. Signature of Notary Public -State of Florida EXHIBIT "A" Lot 1, Block 4, ATLANTIC PARK GARDENS, according to the map or plat thereof as recorded in Plat Book 14, Page 56, Public Records of Palm Beach County, Florida.