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12-07-10 Regular Meeting
City of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, December 7, 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 discretion Hearings 7:00 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. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. November 16, 2010 -Regular Meeting 6. PROCLAMATIONS: A. NONE 7. PRESENTATIONS: A. NONE CONSENT AGENDA: City Manager Recommends Approval A. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL) ROSSO PAVING & DRAINAGE INC.: Approve Contract Closeout (Change Order No. 2/Final) in the net deduct amount of $790.20 and final payment amount of $6,901.78 to Rosso Paving & Drainage, Inc. for the completion of the Dixie - US1 Connector (N.E. 22nd Lane). Funding is available from 334-3162-541-63.83 (General Construction Fund: Improvement Other Than Buildings/Dixie Highway - US 1 Connector). B. SERVICE AUTHORIZATION NO. 19/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 19 with Mathews Consulting Inc. in the amount of $45,686.00 for Lift Station 100A Capacity Study. Funding is available from 442-5178- 536-31.30 (W & S Renewal & Replacement Fund: Professional Services/Engineering/ Architect). C. GRANT AWARD/ALTERNATIVE WATER SUPPLY GRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD~pprove and accept an Alternative Water Supply (AWS) grant award from the South Florida Water Management District (SFWMD) in the amount of $210,900.00 to provide supplementary funding for the Area 11B Reclaimed Water System expansion. D. AMENDMENT NO. 2 TO THE LEASE AGREEMENT/PALM BEACH COUNTY/ HEAD START FACILITY: Approve Amendment No. 2 to the Lease Agreement with Palm Beach County for the Head Start Facility at Catherine Strong Park. E. RELEASE OF LIMITED ACCESS EASEMENT AGREEMENT: Approve release of a limited access easement that is over the south property line, adjacent to Tamarind Road, on the northeast corner of Tamarind Road and Seasage Drive. F. APPROVE AND ACCEPT A TEMPORARY CONSTRUCTION EASEMENT: Approve and accept a temporary construction easement for construction of a brick paver public plaza at the S.W. corner of Martin Luther King .Tr. Drive and N.W. 5th Avenue. G. ACQUISITION AGREEMENT WITH ACS GOVERNMENT SERVICES, INC./ FIREHOUSE SOFTWARE: Approve an acquisition agreement with ACS Government Services, Inc. for Firehouse Software. H• SPECIAL EVENT REQUEST/43rd ANNUAL SAINT PATRICK'S DAY PARADE AND PARTY: Approve a special event reauest for the 43rd Annual St. Patrick's Dav Parade and Party on Saturday, March 12, 2011, beginning with setup at 11:00 a.m., parade starting at 2:00 p.m. and ending at approximately 4:00 p.m., and an event at Old School Square from 11:00 a.m. to 7:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F~ for the use of Atlantic Avenue from Andrews Avenue to NW 1st Avenue for the parade, Atlantic Avenue from Andrews Avenue to the bridge with overflow on East Drive to Lowry Street and Gleason Street for staging of parade entries, and NE 1st Avenue from Atlantic Avenue to the east/west alleys and to approve staff support for traffic control and security, barricading EMS assistance, use of half of the small stage and to allow event signage to be put up fourteen (14) days prior to the event, contingent upon receipt of the required Certificate of Liability Insurance and Alcohol Liability Insurance by March 2, 2011. SPECIAL EVENT REQUEST/49th ANNUAL DELRAY AFFAIR: Approve a special event reauest from the Chamber of Commerce to endorse the 49th Annual Delrav Affair to be held on April 15-17, 2011, to grant a temporary use permit per LDR's Section 2.4.6 ~) for use of City property and rights-of-way as requested, to allow all vendor permits to be assigned and approved by the Chamber of Commerce, to allow this to be the only event held on these dates in the City, to provide a waiver of parking time restrictions in the downtown area during the event, and to provide staff support as requested, contingent upon the conditions of approval listed in the staff report. J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 15, 2010 through December 3, 2010. K. AWARD OF BIDS AND CONTRACTS: Contract award to MWI Corporation in the amount of $16,237.00 for the rebuild of storm water pump #2 at the Atlantic Avenue Storm Water Pump Station. Funding is available from 448-5461-538-68.18 (Storm Water Utility Fund: Other Improvement/Storm Water Pump Station Rehab). 2. Purchase award to Springfield Armory in the amount of $28,630.36 to purchase twenty-two (22) Springfield TRP .45 ACP caliber handguns. Funding is available from 112-2172-521-64.90 (Law Enforcement Trust Fund FD: Machinery/Equipment/Other Machinery/Equipmentl. REGULAR AGENDA: A. CONDITIONAL USE REQUEST/TOTTERDALE TOWING SERVICES: Consider approval to allow the establishment of a towing service with an outside storage facility for Totterdale Towing Services, located at 101 N.W. 18th Avenue (Northeast corner of N.W. 18th Avenue and Marty Fladell Dr. [N.W. 1St Streetl). (Quasi-Judicial Hearing B. SPECIAL EVENT REQUEST/CARNEVALE OF DELRAY BEACH: Consider a special event request from .Toe LaViola, a private promoter, for a first time event, Carnevale of Delray Beach, an Italian Festival,~roposed to be held on the grounds of Old School Square and Old School Square Park on March 25-26, 2011 from noon to 11:00 p.m., and March 27, 2011 from noon to 10:00 p.m., and to approve staff support for security, trash removal, cleanup assistance, trash boxes, EMS assistance and allow event signage to be put up fourteen (14) days prior to the event, contingent upon conditions listed in the staff report. C. CONSULTING SERVICE AUTHORIZATION/CURRIE SOWARDS AGUILA ARCHITECTS: Consider approval of a Consulting Service Authorization with Currie Sowards Aguila Architects in the amount of $25,250.00 for professional design services for the first phase of rehabilitation of the Pompev Park Concession Stand Building. Funding is available from 334-4127-572-62.10 (General Construction Fund: Buildings). D. 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~ E. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) alternate member to the Financial Review Board to serve an unexpired term ending .Tiny 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3~ 10. PUBLIC HEARINGS: A. NONE 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 44-10: An ordinance amending Chapter 112 "Alarm Systems", of the Code of Ordinances. If passed, a public hearing will be held on .Tanuary 4, 2011. B. ORDINANCE NO. 45-10: Consider approval to amend Chapter 39, Section 39.01, "Service Charge for Returned Checks", to make this section consistent with Florida Statutes Section 166.251, "Service Fee for Dishonored Check". If passed a public hearing will be held on .Tanuary 4, 2011. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission NOVEMBER 16, 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 16, 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 Dr. William "Bill" Quick with the Delray Beach Clergy Association. At this point, Mayor McDuffie welcomed the Atlantic Community High School Criminal Justice Color Guard. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Eliopoulos requested that Item 8.N., Grant A~reement/Delray Beach Historical Society, 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 Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Regular Meeting of November 2, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 11/16/10 Mrs. Gray moved to approve the Minutes of the Workshop Meeting of November 9, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Recognizing and Commending Ocean Rescue Officer EMT, Lindsay Kenney Mayor McDuffie read and presented a proclamation hereby recognizing and commending Delray Beach Ocean Rescue Officer EMT Lindsay Kenney for her representation of the City of Delray Beach. Lindsay Kenney came forward to accept the proclamation. Bob Taylor, Ocean Rescue Superintendent, came forward and gave a few brief comments. Linda Karch, Director of Parks and Recreation, thanked Lindsay Kenney and also thanked Bob Taylor for his dedication to the City of Delray Beach. 7. PRESENTATIONS: 7.A. None 8. CONSENT AGENDA: City Manager Recommends Approval. 8.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. 8.B. ACCEPTANCE OF A SIDEWALK EASEMENT/ALOHA CLEANERS: Approve and accept a sidewalk easement along N.E. 2nd Street for Aloha Cleaners located at 501 N.E. 2nd Street. 8.C. UTILITY EASEMENT AGREEMENT/FLORIDA POWER & LIGHT (FPLI/SOLID WASTE AUTHORITY (SWAT 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. 8.D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1, FINALI 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 Pompey 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 Lights). 8.E. SERVICE AUTHORIZATION NO. 07-03/WANTMAN GROUP, INC.: Approve Service Authorization No. 07-03 in the amount of $18,568.00 with 2 11/16/10 Wantman Group, Inc. for additional design services for S.W. 2nd Street Beautification Project. Funding is available from 334-3162-541-65.95 (General Construction Fund: Capital Outlay/S.W. 2nd Street Beautification) and 448-5461-538-65.95 (Storm Water Utility Fund: Other Improvements/S.W. 2nd Street Beautification). 8.F. CONSULTING SERVICES AUTHORIZATION/PBS & J, INC.: Approve a Consulting Services Authorization in the amount of $49,805.00 to PBS & J, Inc. for the construction administration services of the Atlantic Avenue Gateway 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). 8.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 City. 8.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 Pompey Park and the Delray Swim and Tennis Center through the Drowning Prevention Coalition of Palm Beach County. 8.I. DISASTER RECOVERY INITIATIVE (DRI)/HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve one (1) 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). 8.J. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENT/URBAN LEAGUE OF PALM BEACH COUNTY, INC.: Approve and authorize execution of a Sub-Recipient Funding Agreement with the Urban League of Palm Beach County, Inc. under the Community Development Block Grant (CDBG) program 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). 8.K COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENT/FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC.: Approve and authorize execution of a Sub- RecipientFunding Agreement with the Fair Housing Center of the Greater Palm Beaches, Inc. under the Community Development Block Grant (CDBG) program 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). 3 11/16/10 8.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 (CDBG) program 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). 8.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 July 31, 2012. 8.N. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.0. DOWNTOWN MARKETING CO-OPERATIVE AGREEMENT: Approve the Downtown Marketing Co-Operative Agreement. 8.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 2.4.6(F) 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. 8~. 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 2.4.6(F) 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 security, EMS assistance, barricading, banner hanging, and signage preparation and installation, use of city generator, and waiver of the two (2) hour parking limit in the downtown area during the event subject to the conditions listed in the staff report. 8.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. 4 11/16/10 8.5. 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). 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. GRANT AGREEMENT/DELRAY BEACH HISTORICAL SOCIETY, INC.: Approve a grant in the amount of $30,000.00 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). Mr. Barcinski, Assistant City Manager, stated this is the formal grant approval in the amount of $30,000.00 between the City and the Delray Beach Historical Society for fiscal year 2011. Mr. Barcinski stated this is a one year grant and it has a repayment provision if their revenues exceed their budget expectation and requires quarter, financial and performance reports. The purpose is to keep the archives room open on a part-time basis to meet conditions of the construction grant received from Palm Beach County. Mr. Eliopoulos asked for a little more information regarding the County grant. Mr. Barcinski stated he believes it was around 2004 or 2005 when the Delray Beach Historical Society received $200,000.00 from the County, CRA money as well as City money. Mr. Tom Stanley stated the Delray Beach Historical Society received this money in 2007. Mr. Barcinski stated this money was used to build the archives room and it was built to withstand hurricanes and protect the archives as well as the moving of the historic home the Hunt House which was also put on that site and the two were combined together. Mr. Barcinski stated the grant states the Delray Beach Historical Society will be open weekdays and does not specify how many days and how many hours. The City Manager stated if it were not kept open the County could require the City to repay the grant. Mr. Eliopoulos moved to approve Item 9.A.A. (formerly Item 8.N.), 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. 5 11/16/10 9.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) 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 is in receipt of a letter dated November 11, 2010 from Attorney Michael Listick, had a tour of the building, and spoke about this project with Bob Currie and the owner of the building Chris Licata. Mrs. Gray stated she also received the same letter but no had no communication with anyone. Mayor McDuffie stated he received the same letter as well and had a conversation with Attorney Michael Listick regarding the addition of the glass on the roof. Mr. Eliopoulos stated he met with the architect and also received a disc from the architect with regards to the minutes and received the same letter from Attorney Michael Listick and he went to the site on his own. Mr. Fetzer stated he received the same letter from Attorney Michael Listick in support of the project. Mr. Fetzer stated he met with the architect, attorney, and applicant on other occasions but not specifically on this particular issue. Mr. Fetzer stated he has had a tour of the building and they had a presentation of their plans. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department prof ect file #2010-041 into the record. Mr. Dorling stated this is a consideration of an appeal to the Site Plan Review and Appearance Board's (SPRAB) denial of a Class I site plan modification. The site is located at the northwest corner of Railroad Avenue and Atlantic Avenue. The architectural elevation that was denied included a glass solarium structure on the third floor of the Atlantic Ocean Club. The action taken by SPRAB was taken on October 27, 2010, and was appealed by the agent for the applicant on October 29, 2010. Mr. Dorling stated March 30, 2010, a site plan modification was processed which included a third story restaurant addition and included a cloth canopy over that structure. The proposal was subsequently purchased by another user and that approval is now subject to modification and they want to enclose it. Mr. Dorling stated the elevation changes associated with that glass solarium went before SPRAB on September 22, 2010, and there was significant discussion and the Board denied the application. The applicant came back and requested an additional opportunity to discuss the project at the meeting of October 13, 2010, where several alternative colors and material choices were provided. At that time, SPRAB also denied the site plan and architectural elevations. On October 27, 2010, the applicant came back to the Board with new drawings and a site modification to this proposed solarium structure and there was significant discussion and the ultimate action was denial which is now being appealed. Mr. Dorling stated the 6 11/16/10 Board continued to have concerns with what they described as a shed type shape of the glass structure and the white color of the metal frame of that structure. The Board also had some issues with the glass structure being a foreign design element that did not match the uniformity and design of the existing building. Jose Aguila, Architect with Currie Sowards Aguila Architects, 134 N.E. 1st Avenue, Delrav Beach, FL 33444, stated this request is for an appeal to the City Commission for the previous action taken of the SPRAB on this project. The request of SPRAB was for approval to install a glass enclosure over an open area rooftop patio at the Atlantic Ocean Club restaurant located at the intersection of Atlantic Avenue and Railroad Avenue. Mr. Aguila stated SPRAB was to consider their request in accordance with LDR Section 4.6.18(E) which states "that the plan or proposed structure is in conformity with good taste, good design" (2) the design is of a quality to not materially depreciate the local environment, and (3) the design is in harmony with other developments in the general area." Mr. Aguila stated SPRAB did none of these things. Mr. Aguila briefly reviewed the project and the elevations. Chris Licata, 217 East Atlantic Avenue, Delrav Beach, owner of the restaurant, briefly discussed the solarium and stated there are three goals that they are able to accomplish with the solarium: safety from hurricanes, protection of their investment, impact glass, noise, and birds flying in. He stated air conditioning and heat are able to be controlled by the environment to create a green experience. Mr. Licata stated the reason he is before the Commission now after the approval of the awning is because they have evaluated that this will not work after going on the roof and realizing what was going on. Mr. Licata urged the Commission to allow them to protect their investment and noted they are out of time and the season is here now. Bob Currie, 72 South Ocean Avenue, Delrav Beach, FL 33483 (Architect with Currie Sowards Aguila Architects, 134 N.E. 1st Avenue, Delrav Beach, FL 33444), briefly discussed design in terms of historical restoration which they have done quite a number of projects around the State. Mr. Currie stated they have done a few projects in town as well such as Old School Square and followed all the guidelines that are required for historical trust and received three historic trust State design awards for this project. Mr. Currie stated they also worked on the La France Hotel and the Sundy House. Mr. Currie stated they received the State Honor Award from the American Institute of Architects for the State of Florida for the Sundy House. Michael Listick (Attorneyh 190 S.E. Stn Avenue, Delrav Beach, FL 33483, stated Mr. Aguila and Mr. Licata explained that the noise from Johnnie Brown's was deafening when they went up on the roof on the third floor and they realized that their intention was to have a subdued romantic look at the city atmosphere and you could not have it with a canvass awning with open sides. Mr. Listick stated staff had it right and noted that SPRAB made a mistake. Mr. Listick stated LDR Section 2.2.3 talks about the creation of the Site Plan Review and Appearance Board and states "the purpose of this Board is to promote certain functional and aesthetic goals." Mr. Listick stated he listened to the tape and SPRAB never mentioned function and what they talked about in 7 11/16/10 terms of the aesthetics and what they did not like really was not discussing the goals and the criteria that was supposed to be considered. Also, Mr. Listick made reference to LDR Section 2.4.7(B)(5) and stated in terms of whether or not this should be denied based on the criteria, the criteria are certain aesthetic features and certain functional features. The noise is a major issue and SPRAB never considered the fact that Mr. Dorling and Mr. Aguila said that this is necessary for protection against the noise. Mr. Listick urged the Commission to support the appeal. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the appeal, to please come forward at this time. Shane Ames, 800 N. Ocean Boulevard #5, Delrav Beach, FL 33483 (Architect and Chairman of SPRAB), stated this project was before SPRAB three different times and each time it came before SPRAB the drawings were inaccurate and out of perspective and SPRAB kept turning it down because they did not get accurate representation of what was going on with the building. The building itself is not historic but is a historic representation of a building that was there. George Brewer, Assistant Vice Chair on SPRAB, stated this project came before SPRAB five times and each time for different reasons. Mr. Brewer stated each of those five times it appeared that it would come before the Board to try to solve some design issues with the existing building after that they came back three times to address the solarium. Mr. Brewer stated the original building on the west side was a single story art deco building and there is no design cohesiveness for this building. Mr. Brewer stated they have taken an art deco building and a mission style building and have tried to merge them together. Mr. Brewer stated their solution was to add another element on the roof which was a shed roof and after that they came back three times to address the solarium and noted the solarium does not meet the LDRs. Mr. Brewer made reference to LDR Section 4.6.18(E)(1), LDR Section 4.6.18(E)(2), and LDR Section 4.6.18(E)(3) and stated this clearly does not meet the guidelines that are in the LDRs and stated this is not a historic building in any shape or form. Rustem Kupi, new SPRAB member, stated this is a solarium and does not really look like any of the pictures that the architects were showing to SPRAB. Mr. Kupi stated if the Commission looks at those pictures they will see that those buildings are much different than what this is. Pauline Moody, 609 S.W. 8t'' Avenue, Delrav Beach, FL 33444, stated she is not sure why there are complaints about the awnings and noted that the train passing through is going to be louder than the music. Ms. Moody stated if you take away the glass solarium SPRAB is still going to have a problem. In her opinion, Ms. Moody stated the exterior of the buildings in the downtown are an eyesore and feels that trees do not go next to the building because when they crash into the building it makes cracks into the exterior of the building. 8 11/16/10 Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, stated when this building plan was originally presented the joy of seeing it was that it was practically if not exactly a duplicate of the building that was torn down and it kept the character of Delray Beach. Mrs. Finst stated the goal in Delray Beach is to preserve the look and she does not feel this look fits with the look that we have. She stated it was suggested at the SPRAB meeting that perhaps some curves could be put around the top level so that the window situation is not so prominent and if not to do that to carry over some intent of the appearance of the front of the building as a distraction of the windows. Mrs. Finst stated the Commission appointed SPRAB because of their experience with design and their knowledge of Delray Beach and urged the Commission to trust SPRAB. There being no one else from the public who wished to address the Commission regarding the appeal, the public hearing was closed. Mr. Currie stated this town is eclectic in design and has all kinds of different character. He stated in that regard this is adding to that complexity. Mr. Currie stated this building is historical in the sense that we put it back the way it was originally done. He stated the parapet has never been changed and the last submission to the Board was to put a piece of glass over in the corner. Mr. Currie stated it is a better situation and that is why they took the one pane of glass out because it was always open there. Mr. Listick stated above the glass enclosure is glass and metal which matches the glass and metal of the enclosure. He stated if this is not approved there will be a red awning up there. Mr. Listick stated the proposed glass structure improves the property and is more visually pleasing rather than a red awning. Mrs. Gray asked if the framework was painted red would this help the design of the solarium. Mr. Ames stated when they were presented in red it was still the same problem and noted that they were inaccurate drawings and it is still not representative of the building itself. Mr. Ames stated the glass solarium is not in harmony or in good taste as far as SPRAB is concerned. Mrs. Gray asked if they go back and soften the glass then would this meet SPRAB's approval Mr. Ames stated SPRAB has no problem with the fact that it is up there or that they enclose it but it is just the fact of how it is designed. Mr. Ames stated SPRAB has no problem with them coming back with an alternate design. The City Attorney clarified that Mr. Ames is the Chairman of the Board but he is only one vote on the Board so he cannot speak for the entire Board. The City Attorney stated Mr. Ames is not saying that the Board would approve this or approve that because it depends on the other SPRAB members as well. Mr. Aguila stated he wants the Commission to understand what is meant by the comment that the drawings were inaccurate. Mr. Aguila stated when they came in front of SPRAB they came with renderings done by hand over a photograph. He stated he believes the concern was something did not seem quite right to SPRAB and something seemed taller than it was or shorter than it was. Mr. Aguila stated that is why at the last 9 11/16/10 meeting they did everything by computer and the last set of plans and what the Commission saw tonight are absolutely accurate. Mr. Aguila stated the only difference between then and today is they took that last panel on the left because it is the vertical glass and it seemed silly to put that there randomly. However, Mr. Aguila stated they can put it back on if that is SPRAB's decision. Mr. Aguila stated if they go back to SPRAB the earliest they get to may be December 8, 2010. Mr. Aguila stated they would like to see this conclude tonight otherwise deposits that have been received and parties that have been scheduled for New Year's would have to be cancelled. Mr. Frankel stated the Commission appoints people to Boards and you want to rely on their decisions and he agrees. However, Mr. Frankel stated the SPRAB members that were here tonight say it is a clear decision and to him it is far from clear because there was a 3 to 2 vote with two people not there. Mr. Frankel stated it is a very subjective area as well because when talking about the LDR it talks about good taste and good design. Mr. Frankel stated he does not see that it is not in good taste or good design. Mr. Frankel stated the applicant is correct where they say that Johnnie Brown's noise is very loud. He stated they have to compete with the train and IL Bacio's. Mr. Frankel stated he does not believe they are going to have soft music and believes that this is going to be a night club and that there will be loud noise coming from them too. Mr. Frankel stated he also sees the enclosure as protecting many pedestrians that come from Bru's Room out to Atlantic Avenue because people could be drinking on top of the building with glasses and one could fall off. Mr. Frankel stated it looks okay to him. Mr. Fetzer stated he respects SPRAB and the architect of this project as well. Mr. Fetzer stated he understands the functional nature of what they are trying to accomplish. He stated it is functional and does not feel it is totally out of character with the downtown and supports the appeal. Mr. Eliopoulos stated he respects the applicant coming to Delray Beach and the money that has been put into this building. He stated he appreciates the spirit in which there was discussion about the building being historic because the goal was to recreate something. However, Mr. Eliopoulos stated the building is not historic. Mr. Eliopoulos stated this is downtown Delray Beach and the environment is noisy. He stated if glass is put there he does not feel it is going to block out the noise. Mr. Eliopoulos stated this building would serve the community and Mr. Currie better with the original approved awning structure. Mayor McDuffie stated he feels for the people who own this because this has been to SPRAB five times and the Commission several times as well. He stated everything there is in-lieu of with regarding to parking spaces. Mayor McDuffie stated we continue to drag these owners out and understands the investment that they have in the building. Mayor McDuffie stated the glass solarium is not onerous and agrees that the LDRs are subjective not definitive. He stated he is not enthralled with the look neither is he offended by the look but he would like to let this owner get going on with his business. Mayor McDuffie stated he supports this. 10 11/16/10 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). It was the consensus of the Commission that this meets the LDRs. Mr. Frankel moved to adopt the Board Order (approving the appeal), 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 - No. Said motion passed with a 4 to 1 vote, Commissioner Eliopoulos dissenting. 9.A.1. WAIVER REQUEST/ATLANTIC OCEAN CLUB: Consider a waiver request to Land Development Regulations (LDR) Section 4.4.13(F)(4)(c)(2), "Upper Levels" regarding the required building frontage and front setback for Atlantic Ocean Club. (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 additional ex parte communications to disclose from what they previously reported. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department prof ect file #2010-041 into the record. Mr. Dorling stated this is a waiver 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 feet from 88.6 feet to 78.5 feet which would equate to 70% of the frontage. Mr. Dorling stated this is very unique because this is a very thin parcel and corresponding rights-of- way. He stated this is a very difficult site to meet the criteria and because of that, staff supports a waiver request at this time. Mr. Dorling stated this did not require any review other than from SPRAB and the Board was supportive of that waiver. Staff urged the Commission to support the waiver at this time. Jose Aquila, Currie Sowards Aquila Architects, 134 N.E. 1St Avenue, Delray Beach, FL 33444, stated SPRAB voted in favor of this request. Mayor McDuffie stated if anyone else from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. 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). 11 11/16/10 Mr. Eliopoulos moved to adopt the Board Order as presented, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:16 p.m. the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.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, "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. 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 GENERAL 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 this ordinance provides for a change in Commission terms from two years to three years and a reduction in the number of consecutive terms you can serve from three to two so you end up with the same number of years that a Commissioner is eligible to serve. 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. 12 11/16/10 Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 40-10, the public hearing was closed. Mr. Fetzer stated he agrees in concept with what we are doing here and he has pushed for this for several years to go to two three year terms as opposed to three two year terms. Mr. Fetzer stated the only problem he has with it is the way that it is being implemented so he will vote against it. Mr. Eliopoulos stated he would only be in favor of something like this after there is a full Charter review. Therefore, Mr. Eliopoulos stated he will not support this ordinance. Mrs. Gray stated she supports this ordinance. Mr. Frankel stated he supports this ordinance. Mayor McDuffie stated he wanted to make certain that when this change was made that it did not affect anything in his term and it does not. Mr. Frankel moved to adopt Ordinance No. 40-10 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - No; Mr. Fetzer - No; Mr. Frankel - Yes. Said motion passed with a 3 to 2 vote, Commissioners Eliopoulos and Fetzer dissenting. 10.B. RESOLUTION NO. 61- AVENUE: Consider approval of Resolution No. 61-10, a Contract for Sale and Purchase between the City and Delray Beach Housing Authority for the property located at 614 S.W. 6m Avenue in the amount of $10.00. The caption of Resolution No. 61-10 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 61-10 is on file in the City Clerk's 13 11/16/10 The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Nigel Roberts, Neighborhood Services Administrator, stated the City of Delray Beach has entered into an agreement with the Delray Beach Housing Authority to assist the City with implementing the Neighborhood Stabilization Program Strategy 2 to turn foreclosed residential properties into decent, safe, and affordable rental housing for households at or below 50% annual median income. Mr. Roberts stated staff recommends that property located at 614 S.W. 6m Avenue be sold to the Delray Beach Housing Authority for those purposes. Mayor McDuffie declared the public hearing open. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, asked if the Delray Beach Housing Authority wants to buy this from the City. The City Manager stated the Delray Beach Housing Authority is buying the property from the City for $10.00. Mr. Roberts stated these properties were purchased with Neighborhood Stabilization Funds and staff has allocated $1,905,005 for this program and approximately $500,000 is designated toward affordable housing rental. Mrs. Gray stated the Delray Beach Housing Authority services people from 50% annual income up to 120% and asked why these particular homes have to go for 50%. Mr. Roberts stated it is based on the Neighborhood Stabilization Program and a certain percentage of the dollars had to go to that income range and they chose to make sure that the rental units went to the Housing Authority to serve that purpose. Mr. Roberts stated the City has a total of six properties that will be going to the Delray Beach Housing Authority for the 50%. There being no one from the public who wished to address the Commission regarding Resolution No. 61-10, the public hearing was closed. Mr. Frankel moved to approve Resolution No. 61-10, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 10.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, a Contract for Sale and Purchase between the City and Delray Beach Housing Authority for the property located at 616 S.W. 9m Street in the amount of $10.00. 14 11/16/10 The caption of Resolution No. 62-10 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 62-10 is on file in the City Clerk's The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Nigel Roberts, Neighborhood Services Administrator, stated the City of Delray Beach has entered into an agreement with the Delray Beach Housing Authority to assist the City with implementing the Neighborhood Stabilization Program Strategy 2 to turn foreclosed residential properties into decent, safe, and affordable rental housing for households at or below 50% annual median income. Mr. Roberts stated staff recommends that property located at 616 S.W. 9m Street be sold to the Delray Beach Housing Authority for those purposes. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 62-10, the public hearing was closed. Mr. Eliopoulos moved to approve Resolution No. 62-10, 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. 10.D. RESOLUTION NO. 63-10/CONTRACT FOR AVENUE: Consider approval of Resolution No. 63-10, a Contract for Sale and Purchase between the City and Delray Beach Housing Authority for the property located at 1212- 1214 S.W. 2"d Avenue in the amount of $10.00. The caption of Resolution No. 63-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, 15 11/16/10 AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. office.) (The official copy of Resolution No. 63-10 is on file in the City Clerk's The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Nigel Roberts, Neighborhood Services Administrator, stated the City of Delray Beach has entered into an agreement with the Delray Beach Housing Authority to assist the City with implementing the Neighborhood Stabilization Program Strategy 2 to turn foreclosed residential properties into decent, safe, and affordable rental housing for households at or below 50% annual median income. Staff recommends that property located at 1212-1214 S.W. 2"d Avenue be sold to the Delray Beach Housing Authority for those purposes. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 63-10, the public hearing was closed. Mrs. Gray moved to approve Resolution No. 63-10, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:25 p.m., 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. inquiries. The City Manager had no response to prior public comments and 11.B. From the Public. 11.B.1. Pauline Moody, 609 S.W. 8t'' Avenue, Delray Beach, FL 33444, asked if the City is planning to expand the cemetery and if anyone goes out to the cemetery to inspect the headstones because there is damage to some of the veterans' graves, etc. 16 11/16/10 At this point, the time being 7:29 p.m., the Commission moved back to Item 9.B. of the Regular Agenda. 9.B. WAIVER REQUESTS/DALLEY LAW OFFICE: Consider four (4) waiver requests to Land Development Regulations (LDR) Sections 4.4.13(F)(4)(a), "Front Setbacks", 4.4.13(F)(4)(b)(1), "Lower Levels", 4.4.13(F)(1)(a), "Height", and 4.6.18(B)(14)(iv)(2), "Windows and Doors", regarding building frontage, front setback, height, and building material surface requirements for Dalley Law Office located at 35 S.E. 6th Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department prof ect file #2010-243 into the record. Mr. Dorling stated this is four (4) separate waiver requests associated with the Dalley Law Office located south of Atlantic Avenue on Federal Highway. Mr. Dorling stated they are doing a renovation which will include adding square footage at the corner of the building and building out the facade. At its meeting of October 27, 2010, the Site Plan Review and Appearance Board (SPRAB) approved a Class III site plan modification and the Board also reviewed the four (4) waivers and recommended approval Mr. Dorling stated the LDRs and design guidelines require that a certain amount of building be set back a minimum of five feet and a maximum of ten feet, but the column line of the existing building encroaches 3 inches into the minimum five foot setback area and the improvement would extend that column line all the way across to the corner of the building, therefore, requiring a waiver to that front setback because there will be a slight encroachment and it will increase the current encroachment from 26.5 feet to 40 feet. The second waiver relates to a requirement that a portion of the building also be set back a minimum of 15 feet and that will not be met. Mr. Dorling stated there is a requirement that at least 5 to 15 feet of that building be set a minimum of 15 feet back and that would be reduced from the minimum of 5 feet to 2.6 feet which would occur at this very corner and meet that requirement. Mr. Dorling stated there is also a waiver to the building height and the current design guidelines require a minimum building height of 25 feet. This building is currently at 15 feet and the small enclosure at the corner would also be at that 15 feet. The fourth waiver relates to the transparency along the street and there is a requirement along Atlantic Avenue that 75% of the wall area be in glass service area and the improvements will be limiting that to 42%. Mr. Dorling stated the intent in the design guidelines is particular to streets along Atlantic Avenue which are supposed to be pedestrian oriented and it was to promote window shopping. Mr. Dorling stated this is a building that is set one block off the Avenue and is really an office and therefore they are seeking relief from that. 17 11/16/10 At its meeting of October 27, 2010, the Site Plan Review and Appearance Board (SPRAB) recommended approval. Mayor McDuffie stated if anyone would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, stated she attended the SPRAB meeting on October 27, 2010 and the Board expressed concern about saving the tree that is in the back and suggestions were made on how to manage the tree. Mrs. Finst stated she would like the City Commission to endorse the saving of the tree. There being no one else from the public who wished to address the Commission regarding the waiver requests, the public hearing was closed. NIr. Dorling stated the tree is not impacted by these waivers. He stated there was a request by the applicant to remove that tree which was not endorsed or approved by staff. Therefore, NIr. Dorling stated it is his understanding that there is no change to its current condition and the tree stays. 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). NIr. Eliopoulos moved to adopt the Board Order as presented, seconded by NIr. Frankel. 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. 9.C. WAIVER REQUESTS/TEMPORARY USE PERMIT/DELAIRE COUNTRY CLUB: Consider a request for a temporary use permit and two (2) waiver requests to allow installation of a self contained portable kitchen trailer associated with Delaire Country Club located at 4645 White Cedar Lane. (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, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2011-021 into the record. NIr. Dorling stated these are three separate actions; one is a temporary use permit for a self contained portable kitchen and then two waiver requests. One of those waiver requests is to allow the use of a portable kitchen to be considered one of the 18 11/16/10 permitted temporary uses and the other waiver is to allow an increase in the maximum size of a temporary structure from what is currently allowed at 10 feet x 12 feet to 8'/z feet to 20 feet pursuant to the specific kitchen trailer that is being proposed. At its meeting of April 14, 2010, the Site Plan Review and Appearance Board (SPRAB) approved a Class IV site plan application to partially demolish and renovate the existing Club House and build a new clubhouse approximately 47,199 square feet. The partial demolition includes everything except the current kitchen within the existing building facility at Delaire Country Club. 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. Mr. Dorling stated the tent has been erected and now they are in demolition and there has been slight impact to the existing kitchen and they would like to provide a temporary kitchen in a trailer form to supplement that dining facility. Mr. Dorling stated the first waiver 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. Mr. Dorling stated this is internal to Delaire Country Club. Mr. Dorling stated staff is suggesting that the temporary use permit be allowed for 18 months from issuance similar to what the tent facility was approved for and when the 18 months ceases the site be returned to its original condition and noted this is attached as a condition of approval. Staff recommends approval of associated two waivers that would be necessary to accomplish this. Mike Covelli, Applicant, stated this is a supplemental kitchen and noted that there is going to be heavy capacity with the residents coming back down for the season and guests, etc. and they want to make sure they can handle that. Mr. Covelli stated no matter where you are on the site you cannot see this from any streets surrounding this because it is back behind the tennis courts with the fencing and trees. Ron Ellish, 16920 Silver Oak Circle, Delray Beach, FL 33445, briefly discussed last year's Ribbon Cutting Ceremony and stated he is also on the Construction Committee and is also a builder in the community. Mr. Ellish stated they are proud of what they are bringing to Delray and thanked City staff and everyone involved. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests or temporary use permit for Delaire Country Club, to please come forward at this time. There being no one who wished to address the Commission, 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). 19 11/16/10 Mr. Frankel moved to adopt the Board Order as presented, 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. Mr. Eliopoulos moved to approve the temporary use permit subject to the condition contained on page two in the Planning and Zoning staff report, 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.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. The City Manager stated the Financial Review Board (FRB) looked at studies that had been done with the West Palm Beach Fire Department and potential cost savings that were identified in those studies were very substantial. The City Manager stated they have asked that we consider doing a similar study for our own Fire Department. As the Commission is aware, the City Manager stated the City has a study ongoing now that we have contracted with ICMA Public Safety Services for staffing and employment of our Police Department. The City Manager stated in response to the interest of the Financial Review Board he requested a proposal from ICMA for a study of the City's Fire-Rescue Department. The City Manager stated they are already analyzing the City's computerized dispatch data for the study of the Police Department so they are well positioned to do this study and they are also very familiar with what is going on in the service not only in the United States but around the world. The City Manager stated after getting their proposal, the Financial Review Board had some questions about it so staff was able to arrange with Mr. Leonard Matarese, Director of Research and Project Development/ICMA Center for Public Safety Management, to meet with the Board. The City Manager stated the Board asked the Mayor to sit in on that meeting also and they were very pleased with his responses to their questions and the Board has recommended that we engage ICMA Public Safety Services to do a comprehensive review of the City's Fire-Rescue Department. The City Manager stated staff requests that the Commission approve the proposal and when we actually write a contract with them we will ask them to change the payment schedule to make it similar to what we negotiated for the Police Department study where it split into roughly four (4) equal payments spread over the four month time span of the study. Mayor McDuffie stated he sat in on the last meeting and feels it was very informative and the representative was very knowledgeable about the subject matter. Mayor McDuffie stated Mr. Matarese has a pretty good idea of technologies that he has never heard of and if nothing else we can get a good look at how well we are doing our job, how well we are running and how up-to-date we are. Mayor McDuffie stated it would be a tremendous expenditure of our money to find out where we stand with technology and fire service. 20 11/16/10 Mr. Frankel moved to approve the proposal for the Comprehensive Analysis of Fire Services, 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.E. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). Mrs. Gray stated she would like to defer her appointment to the next regular meeting of December 7, 2010. 9.F. 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 moved to appoint Isabel Make as a regular member to the Police Advisory Board for an unexpired term ending July 31, 2012, 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.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). Mayor McDuffie stated he wished to appoint Ora Sorenson as a regular member to the Public Art Advisory Board for an unexpired term ending July 31, 2011. Mr. Eliopoulos so moved, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL,: Appoint one (1) 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). Mr. Fetzer moved to appoint Susan Sims as a regular member for Zone 1 to the Neighborhood Advisory Council to serve an unexpired term ending July 31, 2013, 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. 21 11/16/10 12. FIRST READINGS: A. None 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated Mayor McDuffie indicated that he had a conversation with Shannon LaRocque, Assistant County Administrator for Palm Beach County, about the project on S.W. 12m Avenue/Auburn Avenue/S.W. 14m Avenue and stated there are two separate grants. The City Manager stated the first grant S.W. 12m Avenue and S.W. 14m Avenue is funded in part with County funds up to $1 million. The design is over 60% complete and the current schedule anticipates construction beginning in March 2011 and the agreement with Palm Beach County indicates that construction must be completed by September 2011. The City Manager stated the second grant for Auburn Avenue is funded in part with the Disaster Recovery Initiative Funds up to $1 million. The project includes the corridors of Auburn Avenue between S.W. 8t Street and S.W. 7m Street; S.W. 13m Avenue and S.W. 12m Avenue from S.W. lOm Street to S.W. 8m Street; and S.W. 8m Street from Auburn Avenue to S.W. 12m Avenue. The design is 90% complete and the current schedule anticipates construction beginning in February 2011. The City Manager stated the Interlocal Agreement indicates this project was to be completed by March 31, 2010, but the County has assured the City that they will be requesting a time extension for this project. The City Manager stated construction documents have been sent to the County for review and comments are expected in the next couple of weeks. Secondly, with regard to Commissioner Gray's concern expressed about her confrontation with a panhandler at the Tri-Rail Station, the City Manager stated the Tri-Rail station is property controlled by the South Florida Regional Transportation Authority and the Director of Security for Tri-Rail is Allen Yoder. The City Manager stated per Mr. Yoder, the only security provided at the station other than what the Police Department conducts is by Wackenhut which provides intermittent roving patrols. There are only two railroad Police Officers assigned to the South Florida District and they are usually patrolling the Dade County area. The City Manager stated Mr. Yoder can authorize the posting of signs and is in favor of this. The station maintenance manager stated they would be willing to post any signs the City of Delray Beach can provide. The City Manager stated there have been a number of incidents recorded at the station; however, there have been no previously reported complaints of panhandling. He stated officers have made previous panhandling arrests at different locations in the city and some conflicting information has been received, however, should they decide to post at this location the City may want to consider using the Trespassing Statute rather than the City of Delray Beach ordinance. The City Manager stated for the time being, the Police Department will request directed foot patrols by the beat officers to increase the presence in that area. 22 11/16/10 The City Manager stated with regard to Commissioner Eliopoulos' concern regarding the condition of the Ralph Buick site, the City Manager stated the City's code officer has been in touch with the Property Manager, Janice L. Griffin, Corporate Council for Phil Smith Management, Inc. located in Lighthouse Point. The City Manager stated an inspection of the building shows that they are structurally sound, with the exception of one door that the owner will secure, the buildings are all secured. The property perimeter is secured and there has not been any illegal dumping. On November 10, 2010, Code Enforcement staff walked the entire property and could not find any evidence of homeless camping. The property is scheduled for mowing this week and the few loose palm fronds remaining will be removed. The City Manager stated routine maintenance is anticipated to continue. With regard to Mr. Eliopoulos' concern about the problem with the site distance at the corner of N.E. 1st Street and northbound Federal Highway, the City Manager stated the City's Landscape Planner is working with the Property Manager to correct this situation by removing the landscaping causing the problem and having some appropriate landscaping installed to replace it. The City Manager stated he will be out Thursday, November 18, 2010 and Friday, November 19, 2010 along with Commissioner Gray attending the Florida League of Cities Legislative Conference in Orlando. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Frankel Mr. Frankel congratulated Christine King and Jason Dollard for the BachelorBachelorette Auction held last week Mr. Frankel stated they raised over $10,000.00 for the Delray Education Foundation. Secondly, Mr. Frankel invited the Commission and the public to the Menorah Lighting on Wednesday, December 1, 2010 at Old School Square. 13.C.2. Mrs. Gray Mrs. Gray stated on Saturday she attended the Installation Service for Pastor Kenneth Dukes at St. John Primitive Baptist Church and on behalf of the City she did the greeting. Secondly, Mrs. Gray stated she will be traveling tomorrow evening to attend the Florida League of Cities Conference in Orlando. 23 11/16/10 Lastly, Mrs. Gray stated with regard to the grant request from the Chamber of Commerce, she feels the Commission should wait until mid-year to look at this again because there are three Commission seats that are up for election next year and feels it is going to affect their decision so she wanted to wait until after the election before reviewing their request. Mrs. Gray stated when the Commission does review it he would like to have the input of the economic development people that the City partners with as well. 13.C.3. Mr. Eliopoulos NIr. Eliopoulos stated the Education Foundation Event at 1L Bacio's restaurant was great. Secondly, Mr. Eliopoulos stated he attended the Downtown Development Authority (DDA) meeting about a week ago and Clean and Safe did a presentation. NIr. Eliopoulos stated one of the restaurant owners has been writing the Commission about the difference between what you would call restaurants and bars. NIr. Eliopoulos stated there is documentation about the failures of Clematis Street and even Las Olas which is actually making a comeback. He stated he does not know if there is a problem having what you would call a dining downtown and as the night gets on it turns into the night life. Mr. Eliopoulos stated NIr. Marincola keeps bringing up that there are certain regulations that restaurants need to operate with percentage to food sales, etc. and he is suggesting that some of these places that are opening up is really more of a facade and they are truly not serving meals but that they are geared for night life. NIr. Eliopoulos stated with regards to the economic development grant and the presentation, he was under the impression that they were going to come back and talk to the Commission. NIr. Eliopoulos stated he believes that economics in this economy are going to be huge in how we bring businesses to the community. Mr. Eliopoulos stated he would like to continue with this and he is not stating that the City should be giving out a ton of money but he really thinks that we owe it to listen and he would like the Commission to consider that. Lastly, Mr. Eliopoulos asked Mrs. Gray to clarify her comment about the grant request from the Chamber having to do with the elections because he does feel it has anything to do with the elections. Mrs. Gray stated she feels there is a lot of pressure coming from the Chamber and business owners and she does not feel it is fair in this economy that the Commission seats that are up for election have to deal with it. NIr. Frankel stated he concurs with Commissioner Eliopoulos that Segway is a City issue and not an election issue. 13.C.4. Mr. Fetzer NIr. Fetzer commented about when the Commission had their Strategic Planning Meeting with Lyle Sumek and stated economic development is listed as a high 24 11/16/10 priority item and he believes that is the case. Mr. Fetzer stated economic development is a very strong responsibility of this Commission and the City. He concurs with Commissioner Eliopoulos and would like us to continue to have the discussions with the people from the Chamber of Commerce and brainstorm this and try to come up with a longer term plan. Secondly, Mr. Fetzer stated another item the Commission talked about with Lyle Sumek was trying to come up with a long term funding plan for the library. Mr. Fetzer stated he has been talking with Alan Kornblau and they have a presentation tomorrow evening where they are going to be looking at establishing a separate foundation in hiring a Development Director. Mr. Fetzer commented on the ribbon cutting ceremony downtown for Segway and stated that is not an approved use in the Central Business District (CBD). Mr. Fetzer stated he received information from Mr. Harden and Mr. Dorling on this and this goes back to restrictions that the City put on the CBD in the 1990's. Mr. Fetzer suggested that this be readdressed because the technology has changed tremendously. Mr. Fetzer suggested that staff revisit those ordinances that were created back then to see if there is a way to modify that to see if this would be acceptable to our residents to have these types of businesses approved. Mr. Fetzer stated Segway is in violation because they do not have an occupational license; however, he would like to see them operate their business if the City can get through the legalities to do this. Mr. Fetzer asked the Commission to support revisiting those ordinances and see if they feel it is appropriate to make changes at this time. Lastly, Mr. Fetzer wished everyone a Happy Thanksgiving. 13.C.5. Mayor McDuffie Mayor McDuffie stated we need to look at economic development and need to make certain that everyone is working together so we all understand exactly what all these agencies are doing and how it fits together so that we are working and using our money and manpower the best way we can. Secondly, Mayor McDuffie stated Jason and Christine did an amazing j ob with the fundraiser at IL Bacio's and noted this was a very successful event. Mayor McDuffie stated he went to Fire Station #5 to ride along and have dinner and the meal was phenomenal. Mayor McDuffie stated he attended the Hobbit Skate Park Tournament at the 505 Teen Center. Mayor McDuffie stated he had an hour meeting with Mary Wong with Office Depot and it was a very productive meeting. He stated with regard to funding they are in dire straits and there will be no turkeys this year at all. Mayor McDuffie stated it is 25 11/16/10 basically going to be Publix gift cards and Office Depot has gone out and made a deal with one of the wholesalers and they are picking up can goods, etc. and will put baskets together with the gift cards for people to go to Publix and buy whatever they want. Mr. Fetzer stated he met with Juanita from the Caring Kitchen this morning and Nancy Stewart has been heading up a drive to get turkeys to help make up for the deficiency of what Office Depot is going to do. Lastly, Mayor McDuffie wished everyone a Happy Thanksgiving. There being no further business, Mayor McDuffie declared the meeting adjourned at 8:12 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 16, 2010, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 26 11/16/10 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 Pfan Review and Appearance Board's denial of a Class I Site Plan and Architecture Elevation associa#ed 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 came before the City Commission on November ~ fi, 2014. 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 an 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. 1. LDR I~E'~UIREMENTS 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 tae disapproved. (1) The plan yr 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 s#ructure, 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 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' eta the north) from the south parapet wall, in-line with the existing egress stair. Ali the vertical lines -mullions and structure T will be lined-up with the established lines of the clerestory windows above. The applicant has indicated tha# City Commission Meeting on f~ovemlzer 16, 2010; item 9.A. b the main goa~ 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 slang East Atlantic Avenue, an enclosed solarium glass structure has been proposed. The roof-tap restaurant is intended to serve also as asight-seeing area where customer will enjoy a view of Delray Beach at night while enjoying dinner. The glass structure solarium proposed will create the sense of modern urbanized downtown development which is the intent of the CBD District Design Guidelines. Have the requirements o€ 4.6.78(Ej been met? Yes 4 No 1 3. The City Commission has applied the t_DR 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 Nov ber, 2410, by a vote of 4 in favor and 1 opposed~~ ATTEST: ., Chevelle Nubin City Clerk ' Nelson $. McDuffie, 2 City Commission iNeeting on November 16, 201 fl; Item 9.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEAGH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF ©ELRAY BEACH, FLORIDA WAIVER REQUESTED BY THE ATLANTIC OCEAN CLUB 1. This waiver request came before the City Commission on November ~Ifi, 2610. ~. The City staff, applicant, and other persons have presented documentary evidence and testimony #o 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 t<nding 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. Buildins~ 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 12fi.fi' x 0.7©= 88.6'}. The applicant is proposing a 78.5' building frontage setback at 15' minimum. Should the waiver be gran#ed for the building setback? Yes 5 No it 5. The City Commission has applied the Comprehensive Plan and LDR requirementsrih 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 Cify Commission Meeting an November 1fi, 209, Item 9.A.9 r in the record including but not limited to the staff reports, testimony of experks and other competent witnesses which supports the findings set forth in this Order. 7. Based an the entire record before it, the City Commission approves ~ denies the waiver requests and hereby adopts this Order this. th day of November, 20'! 0, by a vote of 5 in favor an~._ appos Nelson S. McDuffie, ATTEST: Chewelle Nub~n City Clerk 2 City Commission Meeting an ~fovember 16, 2010; Item 9.A.1 III THE PT" I"~~11SSNf~k~l HABERS ~" TF~E GiT"Y !~~" DEt~RA~' BEACk/k, IF~RIC~. +C7RDER ~' TAE CITY" Ct7MNIISS~CtN ClF THE CITY t~F aELR>A,Y" BEAGH~, FL+~k~II~A WAIVES REQUIrSTEC~ BY THE DAl~LEI( ILAW QI~IC'I ~. phis wi~r reciu~~t before the pity ~t~~t~rnassitan n ~Itar~br 1~r, 11 , Thy City staff, ak~fi~carat, ante other pcrsr~s lav presented tltracurnet~t~,ry evicien andl testr~~any t~ the City Con~r~~ission p~rtinin tta the waivers rE~r~uestec! by tyre D~Ib~y 'k-aw {~ffiae. A1~ of the evidence is p~~t rf the rcorr~ ire this case. ~, Waivers: Pursuant to LDR Secti~r~ .4."~B)~~), pritar tea granting , waiver, the iartavint ka~y shall r~~ake a finding that the r'antnt ~f tht waiver, a shall n~~t adversely affect the rwihtbron r~ b~ shaiP nit significantl~r it~ini~sl~ tha rvisit~n f tal+ failti~s; ~~ hl~i nit create an ~anaf~e it~aatitan~ and does ntat suit i,n the grant raf a serial priviiec~e in fhat tine same waiver wtataid' rant~i under sirrtila-~ cirrt,mstar~ce5 n rather r~herty for ,n~ti~er a~#~lic~nt ~~ tavnr. Building Setback: Iurunt tta i~'tR Stirni .~1~(~)(~~a~, t}i rninir~nunn f~°tar~t setback for huildings wit~m ntanr~id~~~rtial ~,s~e tan.. tha rt~und flur~r is five feet (~~, Thy existing buult~uni and t~rtiurt t~f the adciitic~n~ en,rtaakae three inckat~s (:3"j ir~t~~ this ^set~~ack. Sl~~auld the uu~ri~r +~ ~r~~rnt~d ftar trr~ ka~iillli~ra~ s~t~ra~clt" ~. I~urldinq Frontage: Pursuant to I~DR Section ,~i ~1~~~4~~b~1), n~ir~ir~~iurn tat' severl~t~t i~er~ent 7Ct"~r~ end a n~axirn~,m ~f ninety percent ~~~C)`-~~~ f the builcjir7g frtant~,c~e shalt ,set bai~ nta cirer~ter than tern feet (~~') from the }~rel~erty~ ~Ir'n ~~cl thta rerun" s un len th taf tlae bukldin shalt b setback. a r~nrn~n~~.~ir~ of fiifteer~ feet '1 fu'c~na thta prtaerty line. ~"ina rc~uired kauiidi~ng frontage Alen SE C''~' avenue sit b,ak n7~~xirr~urn tat ten t~~t "i D'~ nds to b~tweer~, th6rty-five feet. ~3;~'} (74~`;~~ t~f tl~e ltat frntatu ' at .' ~ ~~'~~ and ftart_fva feet (fib') ~~~ taf the nut frtanta~ a° x g.~~(~ -; 5). While this r~air~rne~nt has been rq~et„ the rer~uinincl length at"th Iuuidiing tra~r~t,g lonc~~ ~~, ~+~~ Avan rut ~~;t b~~~k at lest. fifteen feet ~~~`), lf'h~i~ ir~gth gat building rr~ust e between fivu feet ') (S' ~- ~A ~ ' ~ end fifteen feet ~~ ~' ~1 b"' '~. fibs ~~p~~Nlient has proposed to redoes this requirement to ". filhu wweier is required to redoes the renna~ning five ~' ("~ length of t6~e Ibuildir~c~ frardtege ete~k ~ fifteen feet. (1 ~" r n'~rare to ~."~.. Shauld the waiver be g~ante~d fc~r the bu~ildliin~ ~~awntage' Yes N+~ Buildin„~ _Height: "er 'G.[~R Seetiarn .4.'l(~~1~e~„ averelll height oaf b~lildiing shall b~, <~ r~~~~imum twer~fy-five feet (2°) end ~ rr~axirnurr~~ fatty-eight feet (~f~~"}. T'he ~~ropased building ar~d~tien deep nuf cornply~ with the rriinit~ur~ t7eight since height rf fifteen feet ~15'~) i rapa~ed. fibs applicant ha~~ suf~n~itfed a wavier ru~uir~d from tt~e required b~.~ildinc~ height ,end' ela the following verbetim rUarrative iin inert o the r~vaiu~er: "'The building ~i r- e~istinc~ ore story ulldinr~ ar7d wigl rerrrin e ane story ~trueture. The existing parapet height is araclnd 15 feet ~~nd the addition t~f "i mt~re feet to tree building would definitely make the ~" story uildirg look top heavy. The building is 40 feet wide anct the height of the rr~posed addition... is aesthetically' appropriate for the existing height ~ the i~railding. Adding height will not anti to a positive statement far this structure, relative to the adjacent properties, especially the parll~~i~ng lc?~t to the South. The proposed height is appropriafe and rakes the positive stater~~ent of balance and proportion fo the front of the b!uildirrg. The ~~dditiur~rN '1(~ feet ref height is fatally the wrong atiditior~ fca~~ ff'~i buiMii,~t'"" S~w~iNld the vuiw~e~r be ~~a~rted fQr'the building height?° Yes N~~ ~. Buirdin s Trans ~rerrc within the Downtown Area ~- "Windows and ®d+nr iUrq~dnt f4) L S'tf&~Jn ~r,.'i'43 ~,~}(~4~~d~r~(~~~ the f711r1frT~ur~"8 transparency ar ttla~s ~urtece ere,e an th~~e grrund fiaar we11 area of eil non-residentiui end r~~ixedµue i.~~rilctir~g shall be minimum cif 7~/~ at the v~11 r+ tar tit a[er~tian. Ail ta~fi~arrt ar glass areas abutting fhe street shed be trensperent„ Wert-solar ar nen~mirrared, end have a light transn~issian reduction of na mare then twenty par~ant (~°/~,. fibs prcaprased west (frar~t) cievution tar the C~eiley Lew Office Buiiding does not meet this ~~+r~iren~~r~nt ~~?"~~ is I~rol~osedy, rid thu~~ the ap,~iicar,t has reduestert a waiver to tlhi L_IN~ re~~riren~ent. Ire r,iaport aNr tN~ r t6~e a~ialu~ant has prc,~vid~d fits f~rlN~~r4~ir7c,~' staten~enf„ „The ease oaf t'i~is building will b ~ "law ~fi"" ~nci tt"r rruirerrrent Nor erasure to Federal Highway in rnir~irT~~~l. i'~' tlh~i~ was "retail" occupancy, if would deti,~iteiy be an asset tc~ ~ve d 5`~/~ ~~' mare of the front in dlas ~r`~ expasure. Ho~vever for offices, this is r~~t practical to the rase. There err ~} 3 feet wide X 6 feet high wincior proposed far the U'Vest frc~rrt elevntian wall which is ~~ feet lang. T d~ut~le wide front entry ~r~ also are located an this 1,Nest front r~tu1U. The windows plus the daors acid up to mare than 21 feet of width al'ort tl'te front. ~~~l~e car~bination of the windows, the doors plus the columns on the franc ~~ the u~liNd'inci will make a positive aesthetic statement to the experience of tll~ pr~n~ ~s~n' ~r e,~tterinc~ the "law office" n~t'"'r"~taii" f`~uilding~~°~, ~l~a~u~d ~~ avaiv~~r be granrtedl fir tNro~ l~ta,ildi~r~g tra~rr~p~,~er~y~" TNT +C"!ty 'arnrnisslnr~ i,~l'id the ~rhr~ii~ ~lr~ mid L~ ruirr~~nts In existence at the tiirrt~ tl~ t~riin,l ut plr~ ~rbn~ittect. Tl~ Gity Corr~rrriur~ gads there. i~ rr~l~ end ~n~~.~~lrtt sut~stantial "lidr1i tc~ ~up,?rt its fir~dincNs in tl~ resard snlrnitteci and dt tN~ fns aintainec! in the rc~rd including but not lir~ritd to tt~e staff reports, testi~'ric~n' ~fi` ~t~ rtd ether car7~t~etent rit~nesses which. srport~ the it~+~lings set forth in this C7rder. 1~p. Baseri on the entire rrd tc~r i!t~ the ~It t~mmission apprv~~ ''' d~ani~~s the ~~+aiver riuests ar~d hrb drat tl~ti 7rder this 1 f~tf' cty ~~~,~ I~vrr~br°r -1C~, ka vote of ire favor any _ ot~posc>d. I' .,~ a -: ttl I~al, a~ Y'l Oi,~r rv.. ~ ~~ ,- ChE?velle t'"~iLlt~,n 4~,ty ~;lerk _ , -~ f~ed,s~an ,S. NV1cl~~,r`fie, IV~i~~rar ~'' U' 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 Comrission 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(6)(5)? Yes / No City Commission Meeting on November 16, 2010; Item 9.C. 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'&" by 20' does the waiver meet all the requirements of 2.4.?{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 adapts 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.fi{F} subject to the conditions listed in Exhibit `"A" attached hereto. 6. Based on the entire record befare it, the City Gommissian hereby adopts this Order this 16th day of November, 2010, by a vote of 5 in favor and 0 apposed. ATTEST: ~, ~ ~._.) . , Ghevelle Nubin, City Clerk 2 Nelson S. McDuffie, City Commission Meeting on November 16, 2010; Item 9.C. Exhibit "A" Conditions Related to the Waiver Request to Allow a Temporary Self Contained Kitchen at the Delaire Country Club 1. 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 ©ccupancy 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 City Commission Meeting on November 16, 2010; Item 9.C. MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: November 24, 2010 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF DECEMBER 7, 2010 CONTRACT CLOSEOUT (C.O. N0.2/FINAL)/ROSSO PAVING & DRAINAGE, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of ($790.20) and final payment amount of $6,901.78 to Rosso Paving & Drainage, Inc. for the completion of the Dixie-US 1 Connector (N.E. 22nd Ln) Project #2006-063. BACKGROUND The project consisted of road construction which includes, stabilizing and compacting subgrade, installation of limerock base, asphalt wearing surface and associated miscellaneous improvements. On October 18, 2010, the Assistant Finance Director approved Change Order No. 1 in the amount of $840.00 for additional work required for the installation of a stop sign, stop bar, minor concrete removaUdisposal, and additional surveying per revised plans. Change Order No. 2 includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #669317 to funding account 334-3162-541-63.83 (General Construction Fund/Impr. Other Than Buildings/Dixie Hwy-US 1 Connector). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of ($790.20) and final payment amount of $6,901.78 to Rosso Paving & Drainage, Inc. for the completion of the Dixie-US1 Connector (NE 22nd Ln) Project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2/Ia final {Contract Closeout) PROJECT NO. 200G-063 DATE: PROJECT TITLE: Dixie - US I Connector {NE 22nd Ln} TO CONTRACTOR: Rosso Paving & Drainage, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFOR1bI THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. .IUSTIFICATION: Complete changes to project per the attached Schedule "A". SUiVIibIARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $ 58,996.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 840.00 ADJUSTED CONTRACT Ai1~I0UNT PRIOR TO THIS CHANGE ORDER $ 59,836.00 COST OF CONSTRUCTION GRANGES THIS ORDER $ (790.?,0} ADJUSTED CONTRACT Ail~IOUNT INCLUDING THIS GRANGE ORDER $ 59,045.80 PERCENT DECREASE THIS CHANGE ORDER -1.33% TOTAL PERCENT INCREASE TO DATE -~-0.08% CERTIFIED STATEivIENT: I hereby certify that the supporting cost data included is, in my considered opinion, acctErate and that the prices quoted are fau• and reasonable. Rosso Paving & Drainage, Inc. (Contractor to sign & seal} TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGIa ORDER Funding is availabEe from account: I~EIA DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOIv1MEND: Environmental Services APPROVED: City Attorney By; Mayor ATTEST: By: City Clerk S:tEn¢~ldminlFrojecis52flOb120flG-9G350rFICG1L'.CO 2 Final Ro_=so ©ixie US t Cannertor GC 12071t3.docs SCI I EDLILE 'rA'r TO C4IANGE ORBER N0.21 T'INAL (CONTRACT CL05EOiJ'I') ROSSO PAVING & DRrt1NAGG, INC. DIME-IISI CONNECTOR {NE 22ND LN) PIN 2006-063 ITEM DESCRIPTION UNIT CONTRACT AWARD CONTRACT TO DATE NO EST. QTY. UNIT PRICE TOTAL ACTUA L QTY. UNIT PRICE EXTENDER TOTAL PRICE QUAN7 ADJ. + J - 1 Mobilization LS 1 $ 5,895.00 $ 5,895.OD 1 $ 5 895.00 $ 5 895.00 $ 2 Maintenance of Tratfo LS 1 $ 2 200.00 $ 2 200.00 1 $ 2 200.00 $ 2 206,D6 $ 3 Cleadn & Grubbin LS 1 $ 3 945.D6 $ 3 995A6 1 $ 3 945.06 $ 3 995.00 $ 4 Pavement Markin s & Si na a LS 1 $ 2 635.04 $ 2,635.D0 1 $ 2 635.00 $ 2 635.00 $ 5 Swale Gradin 8, Soddin SY 12fiD $ 2.OD $ 2 524.40 1 229 $ 2.00 $ 2 458.00 $ 62.00 & 3" As haft FDOT ROW onl SY 50 $ 26.00 $ 1 300.00 69 $ 26.46 $ 1 794.00 $ 494.00 7 1 112" As halt SY 930 $ 9.30 $ 8 649.04 954 $ 9.30 $ 8 872.20 $ 223,2D 8 8" Limerock t3ase SY 970 $ 11.60 $ 11 252.00 1 016 $ 11.60 $ 11 785.60 $ 533.66 3 12" Stabilized Su reds 5Y 1400 $ 7.D0 $ 7 400.D6 1 051 $ 7.OD $ 7 357.D0 $ 357.46 14 FDOT T e "F" Concrete Curb L.F. 4D $ 21A0 $ 840A0 56 $ 21.4D $ 1 176.00 $ 336.OD 11 Curb Ram er fDOT Index FDOT ROW onl Fa. 2 $ 500.00 $ 1 000.00 2 $ 500.60 $ 1 DOOAD $ - 12 6"Thick 5' wide Cancreie Sidewalk Cit RO LF 4D $ 2D.DD $ 80D.OD 35 $ 20.x4 $ 700.00 $ 100.00 13 8" x 6" Ta in Tae wl valve Ea. 1 $ 4,410.D0 $ 4,410.06 1 $ 4 910.04 $ 4 410.00 $ 14 Fire H Brant Relocation Ea. 1 $ 3,360.00 $ 3,360.00 1 $ 3 366.00 $ 3 360.00 $ - 15 As Built Record Drawin s LS t $ 680.40 $ 684.06 1 $ 680.00 $ 660.00 $ - 16 Utitit Allowance LS 1 $ 2,000,6D $ 2,040.00 4 $ 2 DDD.O4 $ $ 2 040.00 17 Udeo Allowance LS 1 $ 5x0.00 $ 5D0.00 0 $ 54D.OD $ - $ 500.00 18 Indemniticaiion LS 1 $ 10.00 $ 10.OD 7 $ 10.OD $ 1D.00 $ TOTAL ORIGINAL C©NTRACT AWARD $58,896.00 $58,277.80 $ {748.20) Chancre Order No. 1 - Add'I. work required for the instailation of a stop sign, stop bar, minor LS 1 concrete removaU disposal, and addl. surveying par revised plans. GRAND TOTAL $84D.D0 $840.6D 1 $840.D0 ~a~,a~o.uu CHANGE ORDER NO.21 FINAL -BREAKDOWN Quantity Adjustments (above) ($71$.20) Density Tesf FailureslStandby Charges (4 Failures @ S18.ODltest) ($72.00) CHANGE ORDER N0.2 !FINAL ($790.20) GRAND TOTAL FINAL CONTRACT & CHANGE ORDERS $5~ . 9cp45.80 CHANGE ORDER NO. 2 !FINAL SUMMARY Original Contract Award $59,836.00 Final Contract to Date $59,045.80 CHANGE ORDER N0. 2 !FINAL 790.20 Page 1 of 1 $fi40.00 $ $59,997.80 ($718.20} GU ~F STREAM BOU EEUARD EAM DRIVE m m o ~ o STREW-i' Q ~ ° -~ E _~ ~ ~ o ~ ii i a o U N M ~ ~ o ~ .~ V Q Q. _~ O N a ° 3 v N m ~ ^q ~ / Q' L~7 !J O U iil ~ / V w z n z N N E~J ~` e 2 Q ~~D CqN~ U .~. a a ° CONNECTOR DIXIE BLVD. TO ~1S1 on~:os/ia/zoin CITY of DELRAY BEACH LOCATION MAC ~~°~~A r i ©ees ~~~D~~hf~~~TA~ s~~~:~,~ ~~~~~M 2005-OS3 '~ 0~ '~ ~ 434 80VIli BWN~fON AVENI~, pELRAY 8B.4q~ RCFs~A 39444 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: November 29, 2010 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF DECEMBER 7, 2010 SERVICE AUTHORIZATION NO. 19/MATHEWS CONSULTING, INC. ITEM BEFORE COMMISSION Service Authorization #19 to Mathews Consulting, Inc. in the amount of $45,686.00 for professional engineering services to perform a capacity evaluation of Lift Station 100A (P/N 2011-041), located at the north end of Veteran's Park. The study will consider future growth and redevelopment within this wastewater collection system. The final report will provide recommendations that will be useful when re-design of the park occurs. BACKGROUND Environmental Services staff has been discussing utility needs and relocations with the designers/engineers of the proposed Atlantic Plaza redevelopment team. It is our understanding that Veteran's Park is also being considered for redevelopment in the future. Lift Station 100A is located at the northeast corner of Veteran's Park, northeast of the shuffleboard courts. The wastewater collection system of 100A encompasses an area reaching as far north as George Bush Blvd, south to SW 4th Street, and as far west as SW 1st Ave, east to the Intracoastal waterway. The station was built in the early 1990's, has three 30-hp pumps, and a 6" discharge pipe. The wet well is near capacity in regards to storage and pumping. In advance of future redevelopment or reconfiguration of the park, staff requested funding for this capacity study so that upgrades, enhancements, or relocations can be identified and addressed when the re-design of the park occurs. Under this service authorization, the consultant will review and analyze the capacity of Lift Station 100A as well as review projected population growth and planned redevelopment projects within the downtown area to develop anticipated wastewater generation rates. The consultant will prepare planning level construction cost estimates for required infrastructure improvements/upgrades identified in the final report. Cost of services under Service Authorization #19 is $45,686.00. FUNDING SOURCE Funding is proposed from account #442-5178-536-31.30, Water & Sewer Renewal and Replacement FundlEngineering-Architectural. RECOMMENDATION Staff recommends approval of Service Authorization #19 to Mathews Consulting, Inc. in the amount of $45,686.00 for professional services relating to the Lift Station 100A Capacity Study, project number 2011-041. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 07-19 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. 1568 TITLE: Lift Station 100A Capacity This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting En ing eerin~ Services I. PROJECT DESCRIPTION This service authorization provides for preliminary engineering and hydraulic modeling for the Lift Station 100A capacity evaluation. Lift Station 100A is triplex submersible pump station located on the north end of Veterans Park in Delray Beach, just north of Atlantic Avenue and west of the Intracoastal Waterway. Atlantic Plaza, a commercial area located just west of Veteran's Park, is currently being redeveloped and will require the relocation of certain wastewater forcemains which currently extend through the proposed redevelopment. In conjunction with the forcemain relocation, the City desires to evaluate the capacity of LS 100A and provide upgrades as required to accommodate necessary renewal & replacement improvements as well as to provide capacity for future City growth and redevelopment. The City has asked Consultant to evaluate the long-term capacity needs of the wastewater lift station based on current capacity needs and future anticipated growth for the LS 100A service area. Consultant shall make field inspections of the existing lift station system. Consultant shall review projected population growth for the City and planned redevelopment projects within the City's downtown area. Consultant shall develop wastewater flow projections based upon the future City growth and redevelopment projects. Consultant shall perform a hydraulic modeling analysis to determine recommended capacity of the lift station. A Technical Memorandum shall be prepared summarizing the hydraulic modeling findings and providing recommendations on preliminary lift station layout and mechanical, structural and electrical requirements. 12/2/2010 1 LS 100A Capacity Evaluation II. SCOPE OF SERVICES Phase I - Study and Report Phase Consultant shall provide study and report phase services in accordance with Article IILA of the Agreement for Engineering Services with the city, dated May 30, 2007. Task 1. Investigative Phase Consultant shall review information for Lift Station 100A service area as follows: • Review current force main atlas maps to develop amap-based schematic model in electronic format, of lift stations and transmission systems in the project study area, including the primary transmission main to the wastewater treatment facility (SCRWWTP). • Collect and review data from the City including: pump station design parameters (pump performance curves, station configuration from as-bunts, etc.) pipeline sizes, maps, drawings, historical pump run times, historical wastewater flows, forcemain pressure readings, etc. • Review most recent population forecast data available from the City and/or County Planning Department. • Review most recent redevelopment project list with the City's Planning Department. Task 2. Field Investigations Consultant shall visit Lift Station 100A site to verify pump station layout, configuration (number of pumps, wet-well size, etc.), and pump motor /model information. The purpose of the site visits is to validate assumptions used for the model development. Pump drawdown tests shall be performed, where necessary, with the assistance of City staff, to confirm pump performance and flow conditions. Task 3. Model Development Consultant shall perform the following tasks. • Develop a hydraulic model using WaterCad® of the service area based on forcemain maps provided by the City. • Develop population projections and wastewater projections for the study area based on the current population projections and list of redevelopment projects from the 11/23/2010 2 LS 100A Capacity Evaluation City's Planning Department. Projections shall be developed for 10-year and 20-year planning periods. • Allocate the updated wastewater projections to the LS 100A study area and relevant downstream connection points in the wastewater collection system with appropriate peak hour factors. Task 4 Hydraulic Analysis Consultant shall perform the following tasks. • Consultant shall run the model based on existing flow conditions to calibrate the model based on historical wastewater flow and pressure data provided by the City. • Consultant shall run the model to analyze the wastewater system to define the required capacity of Lift Station 100A to meet future wastewater flow requirements for the 10-year and 20-year planning periods. Consultant shall evaluate model results and recommend modifications to Lift Station 100A to meet future wastewater flow requirements. • Using a spreadsheet model, Consultant shall confirm wetwell capacity and pump start/stops and cycle times for Lift Station 100A. Task 5 Final Report Consultant shall prepare a draft Study Report presenting the results and recommendations of the above work for submission to the City. The Report will include a recommendation for Lift Station 100A upgrades, including preliminary layout and description of recommended equipment and appurtenances (including provisions for a packaged odor control system). The Report will also include preliminary budget costs estimates for the recommended improvements. Four (4) copies shall be submitted in draft form for review by City. Consultant shall conduct one (1) review meetings with City staff to review the results of the draft Study Report. Final Study Report shall incorporate City comments and five (5) copies shall be submitted to the City. Task 6 Quality Assurance /Quality Control (QA/QC) Consultant shall provide internal QA/QC reviews for the tasks listed above. 11/23/2010 3 LS 100A Capacity Evaluation ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of the Scope of Services, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with the City. • The City shall provide all available record drawings for LS 100A. • The City shall provide updated force main maps for the project area. The maps shall show the locations, lengths, and diameter of force mains, including locations of lift stations in the project area. • The City will provide historical flow data, pump run times and force main pressure data for all lift stations in the City's wastewater collection and transmission system which pump directly into the primary transmission forcemain(s) leading to the WWTP. Data is not required for lift stations which pump to gravity manholes, or lift stations which pump to other lift stations. • The City shall provide operations assistance during pump drawdown testing at the pump stations. • The City shall provide basic pump station data to the Consultant from maintenance/inventory records compiled for each station. Data shall include pump performance curves, station configurations (two pumps, three pumps, variable speed, etc.) wet-well levels and any related data. • Bentley WaterCAD® shall be utilized for the hydraulic model. • The hydraulic model does not include gravity collection system, only pressure systems. City shall provide any existing flow and pressure requirements from surrounding basins, if required. • City will provide updated planning data and population/growth projections for the project service area. • A detailed asset inventory and condition assessment for each lift station is not included with this scope of service. • Geotechnical evaluations are not included with this scope of service. • The City will provide a copy of the City's current Comprehensive Master Plan, including all wastewater element sections, minimum levels of service, etc. 11/23/2010 4 LS 100A Capacity Evaluation ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to grant application and updated cost estimating that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during implementation of the scope of services. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. • A detailed description of the work to be undertaken. • A budget establishing the amount of the fee to be paid in accordance with the Agreement. • A time established for completion of the work. III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at time Consultant receives executed contract). En~ineerin~ Services Time per Phase Task 1 -Investigative Phase 4 weeks Task 2 -Field Investigations 1 week Task 3 -Model Development 4 weeks Task 4 -Hydraulic Analysis 2 weeks Task 5 -Final Report 3 weeks Task 6 - QA/QC Congruent w/ other tasks Cumulative Time 4 weeks 5 weeks 9 weeks 11 weeks 14 weeks 11/23/2010 5 LS 100A Capacity Evaluation IV. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Refer to Attachment A for budget summary. En ink eerin~ Services Task 1 -Investigative Phase Task 2 -Field Investigations Task 3 -Model Development Task 4 -Hydraulic Analysis Task 5 -Final Report Task 6 - QA/QC Reimbursables TOTAL PROJECT COST Estimated Fees $ 10,800.00 $ 4,224.00 $ 11,880.00 $ 6,840.00 $ 10,002.00 $ 1,440.00 $ 500.00~'~ $ 45,686.00 ~'~Note: Reimbursables include the following: printing and postage costs. 11/23/2010 6 LS 100A Capacity Evaluation This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant shall commence work upon City Commission approval and this Service Authorization to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: Date: David Harden, City Manager MATHEWS CONSULTING, INC. Date: Rene L. Mathews, P.E., President Witness Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2010 by Rene Mathews, President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me) or (has produced identification), Florida Driver's License and (did/did not) take an oath. Signature of person taking acknowledgement 11/23/2010 7 LS 100A Capacity Evaluation Attachtn ent A City of Delray Beach Lift Station IOOA Capacity Study Sunznzary of Engineering Fees Labor Classifcation and Hourly Rates S r. S r. Principal Senior Construction Eng. Engineer Engineer Engineer Inspector Tech. Clerical Total Sub- Task Description $144.00 $132.00 $108.00 $98.00 $97.00 $54.00 Labor consultant Task Total Phase 1 - Studv and Report Phase 16 I 8 ~ 8...........I. { ...., I...., ..._I $4,224 6. QA/QC I 10 Labor T ttal Coststs .,.,,.1 $43536 { $1,056 I $9,936 I $0 ~ .,.,,.$0 1 $0 .,..I $42,096 1 $1,500,,,,,,,,,,,,,1 $43,746 Subconsultant Total Reimbursable F~coenses Total 11/23/2010 8 LS 100A Capacity Evaluation Location Map System 100A Collection Area V .~ GROVEwnY li~l III~Lj'~I I ~ I IJI I1 I IIJL'"- ,~~~ T ~ NE 13TH T I DENERY LN ~ _ wNW 12TH S ~ I I I I I ~~. „~, I ~~ ~ I = I ~ ~.. N T'^ J NE 12TH ST W ~ BOND WAY Q Y ~ I ~. 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I`~ yC MA~SHNON CIR z ~ = Y ~ ~ ~' i SEASPR~YAAVEDR N 4TH ST L U U I 1 gg pp~tn N~~T Y w ~~. uu I WATERWA~QN ~ .Y~N LI~~LN w w ~ ~ I I IN ST ~ L~Q > S CANN ROW ~R NE 3BD j , _~ ~~ o ~I~ a Z NW 3RD ST Q NE ST ~ ~„„ ~ N VISTA DEL A R III "> >..:: III II I _lti~ I ~.... ~ ~ > w ~ ~ ~I W>i w> r- u ° II S VISTA DELMAR LQ II .~ ~ = Q z w Ill ~ Ili ~ ~ w ill ill I T S T z ~ ~ ' z tJE ~MD S~I ~;, , ~::, II _ u II ~ NW 2ND ST > II ~~~~~ > ~ w II w BAS1N B~ ~ z ~ ~ ~~ ~ II z z W II' ~ NE ~d ST CT w W~ Z Z ill II Q ~ N Q QS~P II II ~ 9( II W _ NW 1ST STir, ° O iIN~1~7 ST ', ,:::: LOW<~A' ST Y ~ ~ II w I II Ill ~ w I ~ \C~ 3 ~~ ~ ~ z II ~ ~ LS O~YA-~ z U z II III ,,~: Q I. .AI III E ATLANTIC AV ~ ~ '~~ u~ O d a `n z I uJ 41 SW IST ST rF1~ ST ST ~~~~~ $E IST ST ':- a> z M1RQ~AARD a > N ~ CIR I,. `" III a i~ II... w w III, IL.. 3 ~ ~ In W LL r W S ~~C1~~IR ~ II', III ~~ w " w ? U ~ ~ Q w~~ z III Q III Q C 4 CO(ANUT ROW ~ ~ SW 2ND ST ~ ~ tiF ~N~ ST ~w^ III s i ~ ~ ~ ~ INGRQ~QiAM AVE > "' i ii ~dUCEAN T ID CT N III "N Ili ~ II ~ a II = vi Ic N ' o ~ TER Q 'n ¢ ill ~ If v II z NASSAU ST Q U ~ 3RD ST ~ SE 113RD ST W w uwi II SE 3RD ST w BAY ST O M II'.. > N W W N ' u z '. L~NGER V1Y yy~`.. > N ~{{ .I Q II: W ii' ~ IS~ ~T 6Ti~~,w~ SE 4TH ST ~~ ~ I CASUARINA RD ~~ IJJI W J CAROLINA LN vi yi .L a SE 5TH ST SE 5TH ST BUCIDA RD w r~S SE 61}i ST SE 6TH ST SW 6TH ST LAL~UCA RD I TH ST ~ ~ ... ~ ~~. / ~, I f R~SSq I I I I I~~I ~~~S ~I I SE 7TH ST A A~INDR c+ ~ rl I I , _~~ SVIV 7TH ST 'I III w I I I Lal. A I ~ ~ ~ L ~~ ~ ~ ~ ~., ~- BA 'y N,~ 8 H ST Lift Station 100A Capacity Study P/N 2011-041 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: November 29, 2010 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF DECEMBER 7, 2010 GRANT AWARD/ALTERNATIVE WATER SUPPLY GRANT/SFWMD ITEM BEFORE COMMISSION Approval and acceptance of an Alternative Water Supply (AWS) grant from the South Florida Water Management District (SFWMD) in the amount of $210,900 to provide supplementary funding for the Area llB Reclaimed Water System expansion. BACKGROUND Since 2004, the City has maintained an annual program for expansion of its reclaimed water transmission system for the provision of irrigation water to City utility customers. Over that time period, we have been supported by AWS grants from SFWMD to supplement funding for each of our expansion projects. To date, project construction costs total $8,439,900 of which SFWMD has reimbursed the City a total of $1,976,640 or 23% of our capital costs. Due to budgetary constraints in FY 2009, the District's AWS grant program was not funded. On September 2, 2010, we were notified by the District of the reinstatement of program funding on a limited basis. Through our system consultant, Mathews Consulting, we submitted our application for funding the Area llB system expansion on the grant deadline date of September 23, 2010. Area llB encompasses the barrier island neighborhood from Beach Drive on the south to George Bush Blvd. on the north, and will complete the master plan service area north of Atlantic Avenue. The current construction estimate for the project is $1,400,000. At their November 10, 2010 meeting, the District Board approved the program recommended grantee list which included an award to Delray Beach for the llB Reclaimed Water Project in the amount of $210,900. Staff requests Commission accept the grant award and authorize the Mayor to execute the agreement for the City. RECOMMENDATION Staff recommends approval of the AWS agreement. ORIr,INAL ;,~;_~.; _. SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2010 - 201 ~. ALTERNATIVE WATER SUPPLY FUNDING PROGRAM Recipient: City of Delray Beach Recipient's Project Manager: Richard Hasko Director of Environmental Services Address: 434 South Swinton Avenue Delray Beach, FL 33444 Telephone No: (561} 243-7336 Fax No: (561) 243-7060 SFWMD Project Manager: Stacey Adams Telephone No.: (5b1) 682-2577 Email Address: sadams@sfwmd.gov Fax No.: (561} 682-202? Contract Specialist: Rupert Giroux Telephone No.: (561) 682-2532 Fax No.: (S61) 681-6275 Address: 3301 Gun Club Road West Palm Beach, FL 33406 Insurance: Not Applicable Federal Employer Identification Number: 59-600308 Project Title: FY2011 AWS -Project # LEC-109 Description: Area 11 Reclaimed Water Distribution System (Phase B) Agreement No. 460©©02307, Page 1 of 12 This Agreement is entered into between "the Parties," the South Florida Water Management District, the "District", and the undersigned party, hereinafter referred to as the "Recipient." The Recipient wat•rants and represents that it has no obligation ar indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final repat•ts for all funding received by the Recipient from the District. ARTICLE 1-- PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A", hereinafter referred to as the "Project", and made a part of this Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis far payment by the District. This paragraph shall survive the expiration or termination of this Agreement, 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work Exhibit B Payment and Deliverable Schedule Exhibit C Status Report Exhibit D Final Project Summary Report ARTICLE 2 -TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall be the dates noted on the first page of this Agreement. 2.2 The Patties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 -COMPENSATION /CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60%) or more of the Project's construction cost, unless a different amount is authorized putsuant to s. 373.1961(3){e), Florida Statutes. For FY11, payment will be made by the District for work authorized and completed between October 1, 2010 and August 31, 2011. The Agreeme~~t No. 4600002307, Page 2 of 12 District will not reimburse the Recipient for FY11 wark that commences prior to the start date of the Agreement or for wark completed after August 31, 2011. 3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A". By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder; including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "A". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the Project. District funds shall only be used for the construction activities described in Exhibit "A" 3.4 The Recipient agrees to reimburse the District funds provided through this Agreement for facilities (i.e. test/production wells, etc.) that do not become an operational component of the overall alternative water supply facility within the timeframe established in the proposal. Notwithstanding anything in this Agreement to the contrary, this paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. ARTICLE 4 -FUNDING PAYMENTS AND RI~aPGRTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the deliverable(s) as described in the "Summary Schedule of Tasks and Deliverables", attached hereto as Exhibit "B". The Recipient shall provide a completed Project Status Report attached hereto as Exhibit "C" within ten (10) business days of the fallowing due dates December 31, 2010, March 31, 2011; and rune 30, 2011. In addition, on or before August 23, 2011, the Recipient shall provide a completed Project Summary Final Report, attached hereto as Exhibit "D" and the Final Reimbursement Request Package. Concurrent with delivery of the final deliverable(s), the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice{s} shall reference the District's Agreement Number and Purchase Oxder Number and shall be sent to the following address: South Florida Water Management District ATTN: Accounts Payable PO Box 24682 West Palm Beach, FL 33416-4682 The Recipient shall not submit an invoice to any other address at the District. In order to expedite the invoice review and approval process, the Recipient shall also submit a copy of each invoice to the Project Manager. The Recipient's reimbursement request package shall contain the backup documentation required (e.g., the request shall include but is not limited to a copy of Recipient's invoice (include the District's Agreement Number and P.O. number), signed certification letter on Recipient's letterhead (signed by an authorized Agreement No. 4600402307, Page 3 of 12 representative of the Recipient), tasks completed per the Agreement (if all tasks finished, a statement indicating that the project is completed per the Agreement) and, vendor invoices{application for payment) for the Project Manager to ascertain that each deliverable in the invoice has been substantially complete. The Recipient shall submit the final reimbursement request and Exhibit "D" on or before August 23, 2011. Failure of the Recipient to follow the instructions set forth in the Agreement regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the District. 4.3. Upon completion of the Project, any data that was generated during the performance of the Project shall be submitted to the District upon request. New Well Construction Projects: For projects involving construction of new wells, the Recipient shall: 1. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing {i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available. Submissions shall be provided electronically as specified by the District. 3. if the f nal location of the well(s) varies from the original location specified in the Consumptive Use or other permit or permit applications, the Recipient shall provide the Project Manager with written proof that the appropriate permitting agency contact is aware of and agrees with the changes. The data shall be archived in the District's permanent database and available to the public. Please contact Emily Richardson (561) 682-6824, Emily.Richardson~sfwrnd.gov, for instructions on submitting data. 4.4 The Recipient shall provide to the District regular project status reports (Exhibit "C") quarterly by December 31, 2010; March 31, 2011; and June 30, 2011. Reports shall provide detail on the progress of the Project; amounts expended to date per task and outline any potential issues affecting Project completion or overall schedule. Exhibit "C" shall be submitted to the District's Project Manager via e-mail within ten {10) business days of the specified due date. In the event actual construction costs are less than the not-to-exceed amount for a particular task stated in Exhibit "B", the Recipient will Dave the right to apply the unexpended balance toward another task. The Recipient shall provide prior written notice of its decision to exercise this right. If the Recipient does not exercise this right, the Recipient agrees to amend the contract to revise the not-to-exceed amount to the lower construction cost. In no event, shall the District's total obligation exceed the amount specified in Exhibit "B" for this Cooperative Agreement. Agreement No. ~i600[}a2307, Page 4 of I2 ARTICLE S -CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project Manager for attempted resolution or action. The Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the Project Manager and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. 5.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement sha11 reference the District`s Agreement Numbez•. ARTICLE 6 -TERMINATION 1 REMIUDIES 6.1 It is the policy of the District to encourage good business practices by requiring the Recipient to materially perform in accordance with fire terms and conditions of the Agreement. In accordance with Chapter 40E-7, Part II of the Florida Administrative Code, "Material Breach" is defined as any substantial, unexcused non-performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (34) day period, the Dist~•ict shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination far Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, far what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E-7, Part II of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law andlor equity. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery of a Agreement No. 4600002307,1'age 5 of 12 Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Patties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Patties, and the cast of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 5.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate this Agreemenf immediately without notice in the event any of the representations contained in the Recipient's project proposal are found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Work. ARTICLE 7 -RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or repot•ts. Such records shall be maintained and made available far inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District ot• designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Dis u~ tes• In the event the District should become involved in a legal dispute with a third party arising fiom performance under this Agreement, the Recipient shall extend the period of maintenance far all records relating to this Agreement until the fnal disposition of the Iegal dispute. All such records shall be made readily available to the District. D. Periodic Audits. The District shall petfot~m audits periodically to ensure funding objectives are being met. Agreement Na. 4600002307, Page 6 of 12 7.2 Whenever the District's contribution includes state or federal appropriated funds, the Recipient shall, in addition to the inspection and audit rights set forth in Article 7.1 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Aet and the Federal Single Audit Act, as follows: A. The Recipient shall maintain all financial/non-financial records through: {1) Identification of the state or federal awarding agency, as applicable (2) Prajeei identification information included in the Catalog of State Financial Assistance (CSFA} or the Catalog of Federal Financial Assistance {CFDA), as applicable {3} Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable zules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement {4} Auditlaccauntability requirements for federal projects as imposed by federal laws and regulations {5} Submission of the applicable single audit report to the District, as completed per fiscal year B. Examination of Records: The District or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General andlor federal awarding agency shall have the right to examine the Recipient's financial and non- financial records to the extent necessary to monitor the Recipient's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include ansite visits and limited scope audits. ARTICLE 8 -STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth 3udicial Circuit for claims under state law and in the Southern District of Florida far any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assent any exemptions to the requirements of Chapter 119 and related Statutes, Agreerr~e~t Nv. 4600002307, Page 7 of 12 the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8,4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sale expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. A delay in obtaining pe~•~nits shall not give rise to a claim by the Recipient for additional compensation. If the Recipient is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this Agreement, each party to bear its own costs, notwithstanding other provisions of this Agreement to the contrary. The Recipient agrees to comply with the terms and conditions of all permits. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. 8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction of this Praject. 8.8 A Recipient who operates a public water supply utility shall, by June 1, 2011 adapt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before August 31, 2011. 8.9 Recipient of funds for a reuse project shall provide a status report by August 31, 2011 addressing the following issues: (1) accounting of reclaimed water usage and method used (meters, etc.); {2} all rates and charges for reclaimed water; {3) the status of implementing public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water; and (4} providing the District with the location of each reuse facility owned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty (20) years fiom the date of contract execution. After construction is completed an the Project, the Recipient shall continuously operate the Praject as described in the Project proposal and consistent with the application water use permits}. In the event the Project is not operated or completed in accordance with these requirements, the Recipient, if requested by the District, agrees to reimburse the amount of funding the District provided to this project. This amount may be Agreement Na. 46©©©02307, Page 8 of 12 prorated based on the number of years the completed project is operated using an assumed project life of 20 years. Furthermore, the District may cease funding for this Project and any future Projects proposed by the Recipient. All other provisions of this contract shall terminate on August 31, 2011. 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply project and shall provide the District with a copy of such public education program on or before August 31, 2011. ARTICLE 9 -INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall, subject to the limits permitted in Florida Statute 768.28, defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and casts, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness ar intentionally wrongful conduct of the Recipient and other persons employed oz• utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve couzasel selected by the Recipient to defend the District in the event the District is named in any legal action. Pursuant to section 768.28, Florida Statues, nothing herein shall require the Recipient to be liable for intentional or reckless acts or for actions committed in bad faith or malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. However, nothing contained here shall constitute a waiver by the Recipient of its sovereign immunity or the provisions of F.S. 768.28. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expix'ation or termination of this Agreement. ARTICLE 10 -- RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both patties are free to enter into contracts with other parties for similar sezvices. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. Agreement No. 4600002307, Page 9 of 12 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever; either as third party beneficiary or otherwise. ARTICLE 11 -- GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perfozrrz shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a} Terms and Conditions outlined in Articles 1 ~ 11 (b) Exhibit "A" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the otlrer Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. Agreement No. X6000©2307, Page 10 of 12 11.& This Agreement states that all publicitylpublic awareness media shall be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising ou# of #his award shall require prior District approval. 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements ar negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall insure to the benef t of and shall be binding upon the parties, their respective assigns, and successors in interest. Agreement No. 4600002307, Page l l of 12 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: Jessica J. Flathmann, Procurement Director Date: SFWMD Pi•oeurement APpro~ed: ~ ~°"_ . By• ~ t ~ Date: l; Rcci~ient's Legal Name; By Authorized Official: Printed Name: Title: Date: Agreement No, 4600002307, Page 12 of 12 EXHIBIT "A" STATEMENT OF WORK Area 11 Reclaimed Water Distribution System {Phase B) City of Delray Beach A. INTRODUCTIONIBACKGROUND The City of Delray Beach (City ar Recipient) has established new alternative water resource goals in conjunction with renewal of the City's Water Treatment Plant South Florida Water Management District Water Use Permit. Implementation of a reclaimed water system will reduce demands on both the surficial aquifer and on the City's potable water system. The City's reclaimed Water Master Plan completed in November 2003 identifies "Area 11B" as the fifth phase of City's total reclaimed water system, which will provide up to 0.194 mgd of additional reclaimed water use for this phase. The City plans to implement other phases of the Master Plan on a continual basis aver the next 5 years, and the total program will provide up to 5.712 mgd of reclaimed water available for the entire system. The Reclaimed Water Master Plan is consistent with the City's comprehensive plan, which specifically encourages more reuse of effluent from the wastewater treatment plant to reduce the demands on the potable water system. B. OBJECTIVES The objective of the project is to implement the fifth phase of the reclaimed water and to promote up to 0.194 mgd of additional reclaimed water use. C. SCOPE OF WORK This project consists of construction of the Area 11 - Phase B reclaimed water transmission and distribution system consisting of approximately 6,500 linear feet of 6-inch main, 750 linear feet of .10-inch main, 2,050 linear feet of 16-inch piping, and associated valves and piping appurtenances. D, WORK BREAKDOWN STRUCTURE The work breakdown structure associated with this project is described below. Task 1: Recipient shall submit to the project manager an electronic submittal of final project bid amount andfor vendor estimates for tasks to be completed in FY11. Due Date: Upon Contract Execution Task 2: Exhibit "C" --- Status Re ort: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: December 31, 2010 Page 1 of 2, Ex1~i6St "A" to Agreetne~t No. 4600002307 Task 3: Exhibit "C" -Status Re ort: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: March 31, 2011 Task 4: Exhibit "C" -- Status_Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: June 30, 2011 Task 5: Recipient shall construct approximately 750 linear feet of 10-inch reclaimed water transmission main and associated valves, piping appurtenances, roadway repair and general conditiansf Reimbursement Request Package Due Date: Upon Task Completion Task 6: Recipient shall construct approximately 2,050 linear feet of 16-inch reclaimed water transmission main and associated valves, piping appurtenances, roadway repair and general conditions/ Reimbursement Request Package. Due Date: Upon Task Completion Task 7: Recipient shall construct 6,500 linear feet of 6-inch reclaimed water distribution main and associated valves, piping appurtenances, roadway repair and general conditions/ Reimbursement Request Package. Due Date: Upon Task Completion Task 8: Final Reimbursement Re nest and Project Summar Re ort Exhibit "D" :Recipient shall submit to the project manager the final reimbursement request package and Project Summary Report (Exhibit "D"}. Due Date: August 23, 2011 Page 2 of 2, Exhibit "A" to Agreement No. 4600002307 EXIHBIT "B" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES Area 11 Reclaimed Water System Expansion (Phase Bj City of Delray Beach • The schedule set forth below is fiom October 1, 2010 to August 31, 2011. • All deliverables submitted hereunder are subject to review and acceptance by the District Project Manager. Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. • Payment shall be made following receipt and acceptance by the District of the Reimbursement Request Package(s) in accordance with the schedule set forth below. The Recipient shall submit a reimbursement request upon completion of each Task noted below. If applicable, the Recipient shall submit a final reimbursement request for payment and Exhibit "D" on or before August 23, 2011 far reimbursement, no exceptions. All reimbursement requests shall be accompanied by adequate documentation to demonstrate completion of each Task in accordance with Exhibit "A" the Statement of Work (SOW). • Reimbursement Request Packages shall include, but not be limited to, a copy of the Recipient's invoice, signed certification letter for partial payment that the Task(s) is (are) complete per the SOW or that the project is complete per the SOW, copies of vendor invoices, and any other documentation supporting payment. Reimbursement Request Packages shall adequately demonstrate completion of each Task in accordance with Exhibit "A" the SOW. • The District shall only be obligated to pay for documented actual FY2011 construction costs within the not-to-exceed amounts specified below, In the event actual construction costs by the Recipient are less than the not-to-exceed amount for a particular Task, the Recipient shall have the right to apply the unexpended balance toward another Task for this project. The Recipient shall provide prior written notice of its decision to exercise this right to the District Project Manager. In no evert shall the District's total obligation exceed the amount specified below far this Agreement; however, an actual construction cost loss than the estimated construction cost may result in a reduced final payment. The Recipient is responsible for any additional funds either through local revenues, grants, other appropriations, andfor othet• funding sources. • Total payment by the District far all work completed herein shall not exceed the amount of $2109,00.00, If the total consideration for this Agreement is subject to multi-year funding allocations, funding for each applicable fiscal year will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding far any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Agreement to the contrary. Page 1 of 3, Exhibit "B" to Agj~eement No. 4600002307 k - ~ Dcliverabte(s} ~ r ln~`orcc Ds~tC' ~ =rte Tiep©rt Dtrc.llntc Wistrrct N+ ~.:. TaWExcced " Na _ t~ ; _ _._,_ _ - _ l' n~ t Electronic submittal of f nal project Upon Contract 1 bid amount andlor vendor estimates NIA Execution2 N/A for tasks to be completed in FY11 2 Exhibit "C" -Status Report N!A December 31, 2010 N!A 3 Exhibit "C" -Status Report N/A March 31, 2011 4 Exhibit "C" -Status Report NIA June 30, 2011 N!A Construct approximately 7501inear feet of 10-inch reclaimed water transmission main and associated Upon Task 5 valves, piping appurtenances, Completion NIA $18,000 roadway repair and general conditions !Reimbursement Request Package Construct approximately 2,0501inear feet of 16-inch reclaimed water transmission main and associated Upon Task 6 valves, piping appurtenances, Completion N/A $47,400 roadway repair and general conditions !Reimbursement Request Package Construct 6,500 linear feet of 6-inch reclaimed water distribution main ~ and associated valves, piping Upon Task N!A $145,500 appurtenances, roadway repair and Completion general conditions !Reimbursement Request Package a} Final Reimbursement Request Package (if applicable) August 23, 2011 g N!A b) Project Summary Report {Exhibit ~iD,>) August 23, 2011 Total District Fundin ~21Q,900 Current Fiscal Ycar Construction Cast $1,290,000 Total Project Construction Cost $17,415,696 r if applicable, interim Reimbursement Request Packages shall be submitted upon completion of the task{s) noted above, Reimbursement Request Packages must be submitted an ar before August 23, 2011 for reimbursement, no exceUtions, Z if construction bids and vendor estimates have not been completed upon execution of the Agreement, the Recipient shall submit this information as soon as it is available to the District Project Manager. 3 Exhibit "C" Status Reports are due within ten {10) business days of the due date. Page 2 of 3, >Jxhibit "B" to Agreement No. a6000d2307 Note: If the project includes well drilling and testing, deliverables must include copies of all hydrogeologie data collected in the course of drilling and testing, in the District specified format. An electronic copy of the District specified fozznat is available via email. Contact the appropriate District Project Manager to request one. Page 3 of 3, >;xhibit "B" to Agreement No. 4600002307 Exhibit "C" Alternative Water Supply Program Status Report To comply with the AWS Status Report requirements specified in your contract, this form shall be completed and submitted via a-mail to your South Florida Water Management District project manager. Please attach backup documentation {e.g., pictures, drawings, etc.j that will provide an understanding of project construction to date. Status Report -Quarter Name of Person Completing Form Contract Number Entity Name: Project Title: ^ 1 ^ 2 ^ 3 Date: Proposal Number 1. Provide a brief description of project status. 2. What is the overall status of your project {check one)? On Schedule Behind Schedule? Explain why. Do you expect the project to be completed on time? 3. Actual Project Construction Cost Information - Date Amount Bid Document Final Contract (with Vendor Total Expended to Date Change Order{s) Page 1 of 2, Exhibit "C" #o AgrEement 400002307 v ~_ t K W ~~ ~o aQ ~ ~, ~~ L d N -}+ ~ ~ Q1 ~ C L ++ a co U O m x iJJ c ~S O V C ca ~+ N N H ~~ ~ ~~~ ' ~ ~ 'w~G W ~C P• ~ ~ + ' ~ RZ ~ ~ '}' O N V L ~ ~ m ~_ W x ~z ~\ ~ - f 'y p~ . ~ -/ Exhibit "D" FY2010-2011 Alternative Water Supply Final Project Summary Report Project Title SFWMD Contract 1 Purchase Order Number Describe Project constructed: Entity Project Manager Entity Project Owner Quantity of Water Made Available Type of Alternative Water (MGD) Upon Completion of This Phase Construction Duration Supply Proposed Actual Start Finish __ Cost for this Ph __ ase (Phase refers -to the current I'Y work) Proposed (this FY} Actual (this F~ Total Construction Cost -This Phase $ $ ------- - - T~'und ing Breakdown far this Phas - e _ District funding this phase $ $ Local funds $ $ Other funding source From: $ $ TOTAL Attach map and photos} of project on CD, if available. The District will make funding payments only to reimburse for work completed between October ], 20].0 and August 31, 2011, To the best of my knowledge, the above information is correct. Chief Financial Officer Project Manager Page 1 of 1, Pxhibit "D" to Ag~•eement No. ~6000023D7 ~I~i[3 iii ~ ~ ,.o.. ,. ... L y Tw6~: 9GiipE "~ W f31.V~1, t ~ "~~1 ~~ ' `0 i ~~; I-z << _. ~' I~u ,, u - c; ,~i 1 i -' U: O p7 O c. 1 % , O D u' E9 . i! U. IW ~rii If ,. Iii"„ ~ , ~ /, . , .. n ... ~~~ ..i / Z v; d ( t7 ~ ra.i=. ,F~r, sr u, ,~ p I I f ~ ;) I I ti' GS ., I AF1EA '1 `! A I,K ~~ ~~ ~I~ ,,JI •' ..~ I ~ II ~ ,~ h~ ,: ~ U L:! T r t 7 fJt. I!U ~I hill ... "; Y ~". III ~~~ _, ' ''r. Io ~- x, ~ ~, f I ~ SERVICE P,REA :~:~.i I G i,:~~:~~~il EXIST. RECLAIMEL7 WATER LVNE & SIZE. RRf71'(}SEl3 RECtAIMEp ~dATER TRANS'&SSIOkd LINE dt 51ZE F°R©PCYSEC4 RECGIIMED W&TER 1dAlN & SIZE °,. -,:.ma=r. k ~ ~ ~ CITY OF ~aE~.~'AY QEACH ~ TECHN[CA~ i.~~r~aRANC4J~i ~,~ ~ AREA ~1 RECLAIMEL1 wW~IT~R PROJECT „~ ~„n op»V _ _ ::4:APen~ r.-~o-ny~,..Kpy,~r: ,wr_..~ites dw, i~ ,` ~= Ir l P I{~ ~~ <, f- 1 l II iil iil~ ~ ~« .3UW v"~$pq" SfJp 4 S'a9' eb~ ._.. 1 i r a~i °° _ rnu„ a~ s¢n zany - rwz:-~ MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: December 1, 2010 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF DECEMBER 7, 2010 AMENDMENT NO.2 TO THE LEASE AGREEMENT/ PALM BEACH COUNTY HEAD START FACILITY ITEM BEFORE COMMISSION Commission approval for an amendment to the Lease Agreement between the City of Delray Beach and Palm Beach County for the Delray Beach Head Start Facility at Catherine Strong Park in Delray Beach. BACKGROUND The County currently leases two separate parcels from the City of Delray Beach in Catherine Strong Park for the County's Community Services Department for operation of the Delray Beach Head Start Program. The Lease agreement, dated July 23, 1996, states that the leased Premises will be used for the establishment and operation of a child day care center, business office, meeting room and recreational center in conjunction with the Head Start child care and development program. The development of the new Head Start facility is scheduled in FY13 with construction in FY14 which requires an extension to the current lease term that expires on July 22, 2011. The County is requesting a Second Amendment to extend the Lease by four (4) years and provide the option for four (4) one (1) year extension options; update the notice provisions; and acknowledge the Office of the Inspector General. The amended term will commence on July 23, 2011. RECOMMENDATION Staff recommends approval of Amendment No. 2 to the Lease Agreement to extend the lease for the Head Start Program at Catherine Strong Park four (4) years and provide the option for four (4) one (1) year extensions. AMENDMENT NC7MSER TWO TO LEASE AGREEIVtENT THUS AMENDMENT NUMBER TWO TO LEASE AGREEMENT ("Amendment Number Two") made and entered into , by and between the CITY of DILRAY BEACH, FLORIDA, a Florida znunieipal corporation., hereinafter referred to as "Lessor" and PALM BEACH COUNTY, a political subdivision of the State of Florida, an behalf of the Departzxzent of Community Services, Head Start and Children Services Division, hereinafter referred to as "Lessee". WITNESSETH: WHEREAS, Lessor and Lessee entered into a Lease Agreement dated July 23, 1996 (R9G-984D) (the "Lease"), for the lease a£ the Premises as deftned thereizi to be used. for the establishment and operation of a child day care center, business office, meeting room. and recreational center in conjunction with Lessee's Head Start child care and development program as described in the Lease; and WHEREAS, the Term of the Lease, as extended by Amendment Number One To Lease Agreement dated June 6, 2006 {R2006-0984), currently ezcpires an July 22, 2011; and WHEREAS, the parties wish to amend the Lease to (i) approve a four (4) year extension of the term of the Lease, (ii) provide for four (4) one (1}year extension options, and {iii) incorporate certain language required by Lessee; and WHEREAS, Lessor hereby acknowledges that Lessee is not delinquent in the payment of rent and is not in default of azay of the terms and conditions of the Lease. NOW, THEREFORE, in consideration of the premises and mutual covenants and conditions contained herein, Lessor and Lessee agree as follows: 1. The xecitals set forth herein above are truo and correct and incozporated herein by reference. Torras not defined herein shall have the same meaning as in the Lease. 2, The Term of the Lease is hereby extended for a period of four (4) years cornznencing on July 23, 201 1, and expiring on July 22, 201 S. 3. Lessee is hereby granted the right to oxtend the Term of the Lease for four {4) additional periods of one (1} year each in the manner provided for in Section 1.04{b} of the Lease. z'age l of 4 4. Section 6.02 of the Lease is hereby modified to deleete the reference to "attorney's fees.>' Section 1.4.02{b} of the Lease is hereby zxaodified to change Lessee's address as follows: Lessee: Palzxa Beach County Property & Real Estate Management Division Attn: Director 2633 Vista Parkway West Palm Beach, FL 33411 Tleze addresses far the copies remain unchanged. 6. Pakm Beach County has established the Office of the Inspector General, Ordinance R2009-q49, 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 audit, investigate, monitor, and inspect the activities of the parties or entities with which the County enters into agreements, theix ofhcers, agents, employees, and lobbyists in order to ensure compkiance with contract specifications and detect corruption and fraud. All parties or entities doing business with the County or receiving County funds shall fully cooperate with the Inspector Generale including granting the Inspector Generale access to records relating to the agreement and transaction. 7. Except as specificakly modified by this Amendment Number Two, all of the terms and conditions of the original Lease, as amended, remain uauraodified, in folk force and effect and are hereby ratified by the parties. 8. This Amendment Number Two shall not become effective until executed by both parties, and the effective date of this Amendment Number Two shall be the kater of the date upon which the Palm Beach County Board of County Commissioners approves this Anraendment Number Two at a formal meeting of the Board or the date upon which the City of Delray Beach approves this Amendment Number Two at a formal meeting of the City Commission. (REMAINDER Qh PAGE INTENTIONALLY LEFT BLANK) Page 2 of 4 IN WITNESS WHEREOF, the parties hereto have each. executed this Anraer~drrient Number Two on the day and year set forth below. ATTEST: SHARON R. BOCK CLERK & COMPTROLLER By: Deputy Cleric NITNESS: Witness Signature Print Witness Name Witness Signature Print Witness Name APPROVED AS TO FORM AND LEGAL SUIi'P'xCIENCY By: Assistant County Attorney LESSEE: PALM BEACH COUNTY, a political subdivision of the State of Florida By: Karen T. Marcus, Clair Date: APPROVED AS TO TERMS AND CONDITIONS By: Audrey Wolf, Director Facilities Development & Operations Page 3 of 4 LESSOR: ATTEST: By: City Clerk WITNESS: Witness Signature Print Witness Name Witness Signature Print Witness Nanne APPROVED AS TO FORM AND LEGAL SLIFFICiENCY By: City Attoz•ney CITY OF DELRAY BEACH By: Date: ,Mayor G:iPraperty Mgtnt Sectionlnut LeaselDclray Bcl~ Headstart P'ac @ CS ParklAn~endment 21A~nend.Ofll.H1~ app.l 1 IS IO.dac Page 4 ~f 4 Facilities Development & Operations Depar#rnezrt Property and Real Estate Management Division 2633 Visfa Parkway Wesf Patin lieach,l^`L 33411-SGOS Telcphane - (SGl) 233-0217 Facsimile - (5G1) 233-0210 ~nv~v.pheg©v.can>/fdo Ps~im Beaeh County i3osrd of County Commissioners Koran T. [vlarcas, Chair She!!ey Yana, Vice Chair Paulette Burdick Steven. t,. Abrams 1;3urt Aaronson Jess R. Sanlamaria Priscilla A. Taylor County Administrator Rabat Weisman ",4rr 6'guof Opporruxity AJffrirrarrve Acsrorr Employer" N~OVerl?ber 1S, Z010 City of Delray Beach David T. Darden, City Manager 100 N. W. lsf Avenue Delray Beach, FL 33444 '~~ (V!6.1ivl~4,~.i~C~ RE: Existing Delray Beach Head Start Program at the Catherine Strong Pant in Delray Beach, Lease Agreement (R96-9$4D} Dear Mr. Harden: Attached for your review and subsequent City Commission consideration is Amendment Number Two to the above referenced Lease Agreement. The Alxlend~xlent is drafted as outlined in your correspondence with Audrey Wolf, Director, Palm Beach County Facilities Development & Operations. This Amendment will, (i) extend the term for four {4) years and provide for four (4} one {1) year extension options, {ii) update the notice provisions, and (iii) aclcnowledge the Office of the Inspector General. The current term will expire an duly 22, 2011, and the amended terrrl will conzrnence on ruly 23, 2011. If acceptable, please return two (2) duplicate originals executed by the City to my attention. Onee received, we wi11 process the item for consideration by the Palm Beach County Board of County Commissioners and return ane fully executed original document to your attention. Should you, or your staff, have any questions please contact me at 561.233.0214. Respectfully, J Richard C. Bagatin, Propel•ty Specialist, PREM Enclosures cc: Audrey Wolf, Director, FD&O (w/out enclosures} Ross C. l`Iering, Director, PREM {w/out er~clasures) G:1Property Mgmt SectionlE3ut t,ease\Delray Bch Headstart Fac rr CS ParklAzne~drnent 21T,tr trasrrtit flocs for city approval-Harden 1I-t6-l€l.docx ~, ~~~~~ ~. ~ ~~~Q Facilities L?evelopment & Operations Departmen# 2633 Vista Parkway West Palm Beach, FL 33411 Telephone - (561) 233-0200 Facsimile - (S6l) 233-4206 www.pbcgov.comlfdo ^ Palm Beach Connty Board of Connty Consuptissioners Burt Aaronson, Chair Karen T. Marcus, Vice Chair Jeff Koons Sltelley Vana Steven L. Abrams 3ess R. Santamaria Priscilla A. "I`ayior County Administrator Robert Weisman, P.E. iIn EqualOppartuniry A~rnrative Action Employer" May 13, 2010 City of Delray Beach David T. Harden, City Manager 100 N. W. 1St Avenue Delray Beach, FL 33444 RE: Delray Beach Head Start Program at the Catherine Strong Park in Delray Beach, Lease Agreement {R96-984D) Dear Mr. Harden: The County currently leases two separate parcels from the City of Delray Beach in the Catherine Strong Park on behalf of the County's Community Services Department far the operation of the Delray Beach Head Start Program. The Lease will expire on July 22, 2011 and contains no additional extension periods. I have enclosed copies of the anginal Lease (R96-984-D) and the First Amendment {R2006-09$4). Due to budgetary constraints, the development and construction of the new Head Start facility has been delayed and it will be necessary to extend the term of the Lease. Our Capital Improvement Plan currently provides far design to commence in FY 13 with construction in FY 14. We suggest extending the term of the Lease by four {4) years and providing for four (4) one (1) year extension options. If you support extending the term of the Lease, we will begin drafting a Second Amendment to extend the Lease. Please let me know whether you support an extension and provide us with any comments on the terms thereof Respectfully, Audrey Wolf, Director Facilities Development & Operations EnCl051IreS cc: Ross C. Hering, Director, PREM {w/out enclosures) G:1Property M grnt Section~Qut [.easelDelray Bch Headstart Fac @ C5 ParklArrx;ndment 21I,.etter to Defray-Harden 5- 13-10.docx i !M^\ R9b g8~ ~ IYtk~trlY~h~lktk~irAiY~r~i~~*~+h~hitr~r+~~fp*ltritrrti{~ir~YlYA~R*iM~tii~~r~k4~Y~k~i6+~+~irtlMii~*1r~6~ir~d. LEASE AGREEMENT b®~vreen Y Cx',~''Y A~' DBLFWY BE1ACRr ~'I+ARxDA (~esear} and P.i#LM BEACH CALtNTY~ FLARIDA on bet~a~t of DEPAR'~'MEHT A~' CAMbiUNZri'X SERYICEB HE!#D S'.RAR'i~ AND CH~~,DI2EN SE1tYTCEB DIYIBIAN (Lessee} r~•• .-~ '~FtxB 1,~lAB~ ,~1QRHPli~I~l1J'E, made a~td entered intrs this day a€ ~A ~ ~A~t'!e~€'~s~' Y'e~'s~rscX ~OtEls~ ~BaOrf~~lfld PALM ~~~Cli COUN~.'Y~ a pc~lit~aa3. ~ub~Ei~ri~i,c~ O€ the Stairs aS N'lorida, on behal€ oP the aspart~-snt tsf Community 8er~v~.ces, Haad Start aril Children Services lDf.visicn, hex`e~,na:Ctsr re€erred to as "Lesecee+'. '~'I'1'NE 88PJT![ t RHSR~AB, LssBor is the owner o€ nQrtain real property in Palm Beach couanty, Flnrida, as said property is legally described in Exhibit "A" attached hereto and by reference made a pant hereof (the "PrapertY"); and i+1li~Rk~AB, Lessee desires to lease a portion of the P.raparty for use in the establishment and operation of a day care center for its Head Start Program; and WF[EREAB, Lessor ig willing to lease a portion of the Property to Lessee far said purposes. I ROi~ '!'HEREFORD, in consideration of the rents, covenants end agreements hereinafter reserved and contained on the part o£ the Leases to be observed and performed, Lessor demises arsd leases to Lessee and the Lessee rents €rom Lessnr the premises hereinafter defined upon the following terms and conditions: AIZTICLF; r SABIC LEAgE P120VTSIC-NB Beotioa i.fi1 Premises. The premises subject to this Lease, consists of approximately Praperty,rfro wing and 6th sir et ~ F?el~ y Beach,, Florida as depicted as "Lease .A,zsa 2 on the Site P~ar1 attached herc~ta as Exhibit "E3'~ together with Lessor's interest, if any, in all improvem~:nts and appurtenances thereto {the "Premiises"). Lessar hereby grants Lessee a non-exclusive easement across the Property far ingress and egress to the Premises, during the Tarm of this Lease. Becti.on ~., OZ parking The use and aocupanay o€ the Premises by the Lessee. shall include free parking an the parking lot located east of and adjacent to the Premises for the Lessee, its agents, employees, licensees and invitees. Seatian 1.03 Length of Term rand Oommenoament bate. The Term of this Leans shall commence upon the date of full execution of this Lease (the "commencement Bate") and shall extend €or a period of five (5) years thereafter, unless sooner terminated pursuant to the provisions n€ tY~is Lease (thc~ "Term"). Beaticn S.Q4 Option to 7~xtenc4. (a) Lessee is hereby granted the nptian to extend tt~e Term of th~.s Lease Por one (Z) additignal psriad o€ Five (5) years (the "Extended Term") under the same terms and condiitions specs€ied herein. {b) Lessee shall exercise its right to extend the Tenn in the fol~.ewing manner. At least ninety (90) days, but net mots than one hundred fifty (l50) days prior to the expiration of the Term, Lessee shall notify Lessar in writing oP its eleotian to exercise Lessse'c~ right to extend the Term of this Lease. .,'"~ ARTICLBt ~'~ RPf~Y'~ 811C1~~bt3 8.Q1 A~triY1kEI, RA11~. The pent paya~sle annu$lly in advance by Lessee far the berm aE th~.s L~saga far the use -xnd oaoupanay af' the Premises is fine Dollar E$1•gq) per mnnum. i,essee i8 a tax exempt snt~,ty as. evi,dsnaed by tax exempt~,an # 6q-2211419753 C. Nei sales ar use tax shall be ~.naluded ar charged wfth Rent ar any other payment requ~,rad of T~essea pursuant to this Lease. payment o£ Rent wSll be maned to Lessor ~~ stated in ~eatian 14.82 dt this l,eama. Sebttbx~ 2.02 Assessmeate. During the Tsrm aY this Lease Lenses shall pay before delinquency all assessments that may be levied by any governmental authority against the Premises ar Leasee~s Alterations constructed on the Pre~ui,ses . AIt1'ICLEt IIZ CQRS'~RUC'fIC}N QF L~ASLD pR~MI8E8 8eatian 3.qi ~~~~aris Fork. Within three (3) months following the Commencement Rate of this Lease, Lessor, at its sale .cast and expense, shall extend the water and sanitary sewer lines located an the north side of the Property to the Frem~.ses. is1 addition, Lessor shall, pay alb oanneation fees and costs necessary to initiate water and sanitary sewer services to the Premis~:s. The foregoing water and sanitary sewer improvements will remain the property of the Lessor. Other than as specified in this section 3.q1, no, atYeer alterations ar remodeling of the Premises is required to be done by Lessor as a condition of this Lease. Setstian 3.02 ia# Lessee~m Mork. Lessee agrees at its awn cast and expense to perform all work, athar than Lessors work,~which is necessary to fully equip and maintain the Premises far the lawful use of the Premises as specified in section 4.01 of this Lease. r (b) ~1lteratiars;~. Any installation, alteration, improvement, addition or madifiaation to the premises by Lasses (hereinafter collectively referred to as '~Alteratians~E), the value of which ea~caeds Twenty Five Thousand Bollars ($25,0g0~, shall require the prior written consent of Lessor in each instance. Lessee shall submit detai],ed plans and speaificatians far all such Alterations to Lessor for Lessor=e written approval prior to Lesseers commencing wank an same. Caesar shall grovide,written response to Lessee within fifteen (1a) days after receipt of request submitted by Lessee. Lessor hereby agrees to assist the Lessee in mitigating the imposts of parking, landscaping and drainage requirements resulting from Lessees permitted use of the Premises to the extent permitted by applicable: codes. Lasses aaknawledgss and agrees that all Alterations, whether pursuant to this Section nr otherwise, are performed and accamp3.ished solely far the benefit and aonvsnience of Lessee, and not far the benefit of Lessor, such Alterations being nevertheless subject to each and every provision of this Lease. All work done by Lessee in cannactinn with any.Alteratians, repairs and maintenance an the Premises shall be done in a good and workmanlike manner and shall be 'diligently pzoseouted to aompT.et,ian strictly in accordance with the plans and specxifiaations therefor. Construction Li nr Law oFl rids statutes Chapterl713~,mPart ~itin the construction of any Alterations to the Premises, and shall where required, obtain a Public Performance Band i,n accordance with Florida Statutes 255.85 prior to Commencing any such Alterations. ~. .r-^y l:n thc~ event a oonetruotipn Lien is filed against the Premises iri vannar~tian w~.tY~ any wank performed by or on bohalf at' S,eagee, the ~Leasee a~hall. promptly take aatian to have the lien removed from the prmm#.ae~s. Further, Le®see to the extent permitted by law, agrees to indsmri~,fy, defend and nave Caesar harmless from and against any @aitsage ar Loss incurred by Leffisor as a zeeult of any e~uah aanstruat~,an i,i~sn, AR'1'TL'L~ IV CGb1fi[TCx ~F' ~tYB~I+T~88 ARID V8~ 0~' PRHMIt4E8 8Y LE88E~ 8~C$~.4x1 4rfl1 'Lr~# O~ 8~A1G3lt~~w ~e8sse 6ha11, use and aoaupy the Premises for the establishment and operation of a child day care center, business afFice, meeting roam and recreational center in conjunction with its Head Start child aare~and development pragx~am and far no other purpose amuse whatsoever, without the prior written consent of the Lessor. Lessees obligations under thi:~ Laase era contingent upon Lessee{s permitted use of the Premises being allowed under all applicable zoning laws, rules and regulations affecting the Premises. Seati.an 4.02 waste ar Nuisance. Lessee shall net commit or suffer to be committed any waste upon the Premises ar anl- nuisance or ether act or thing which may result in damage or depreciation c>f value of the Premises er which may affect Lessor~a interest in the Premises. Lessee shall not dispose of any contaminants including, but not limited ta, hazardous or toxic substances, chemicals or other agents used or produced .in Lessee's operations, an the Premises or the Property generally, in any manner not permitted by law. All refuse is to be removed from the Premises at Lessee's sole cost and expense and Lessee will keep such refuse in proper fireproof containers on the interior of the Premises until removed. Lessee will keep the access to the Premises, the parking areas and other oantiguous areas to the Premises free and clear of obstruotian. Lessee, at its sole cost and expense, will keep the Premises free of rodents, vermin and other pests. section 4.03 4overnmental Regulations. Lessee shall,, at Lessee's sole cast and expense, comply with all ordinances, laws, statutes and regulations promulgated thereunder of all county, municipal, state, faders.]. and other applicable governmental authorities, now in force, or which may hereafter ba in farce, pertal.ning to Lessee, its use of the Premises, or the Premises generally. Lessee shall, to the extent permitted by law, indemnify, defend and save Lessor harmless from any and all penalties, fines, coats, expenses, suits, claims, ar damages resulting from Lesses~s failure to perform. its obligations in this Section. 8eation 4.fl4 surrender of Pa~emis~es. Upon termination or expiration of this Lease, Lessee, at its sole cast and expense, shall remove Lessee's personal. property and removable fixtures and equipment from the Premises and shall surrender the Premises to Lessor in the same condition the Premisem ware in ae of the eomme»aement pate of this Lease, reasonable wear and tear excepted. Upon surrender of the Premises, title to any and all remain~.ng Alterations €shall revert to L~sssor. A~t'1`~CL~ V i2EP.A,IRB Artn MAIN~'~NA,NCI~ o~ ~REMIB~s Section 5.0~. Resgonaibil~.tx of Lessor and Leases. Lasser shall net be obligated ar required to conduct any maintenance or make any repairs whatsoever to the Premises. All portions of the Premises, and all. Alterations constructed an the Premises shall ba maintained and kept in good repair and condition ,-~-~ by Lessee at ~ssee's sale east and expense. Lessee's maintenance respansib3,lities shall speciPiaally include maintenances aP the fen~s~.>~g, x'os~nda~ t~ttd iz~xigat~.dn ay'mt~m arse thm painting r~~ k~u1~,~ir~g~ oo~tad eri ar withi~t the Pram~.eea. 8makion ~. C~ Ra~gpart~ribii~.ty of L®se;~ee Regarding Aiteraticne azs8 Porsaxsml yro~sArky. All Alterations and personal property of Lessee shall remain the property of the Lessee at Lessee's sobs risk .£or the ~`erm oP this Lease, ar any extension or renewal, hereof. ARTICI~H V~ ~IS8URANCH AND >:Ni}EMN~TX 8eation 6.01 Liability =neurones. Lessee shall, durirTg the entire Term hereof, provide >sessar with a certificate evidencing self-insurance coverage far comprehensive. general liability in the amount of $igp,gqq per person and $2©q,gg0 per incident ar acauxrence. in the event the Legislature should change the L,essee's exposure by•5tatute above or below the sums insured against, Lessee shall provide insurance to the extent aP that exposure. saotiaz: s. oz 7Csxc~emnifioation. Lessee shall, to the extent permitted by law, indemnify and save harmless £,essar fram~and against any and all claims, suits, aotiana, damages and/ar houses of action arising during the Term of this Lease Par any personal injury, loss cif life and/ar damage to property sustained in or about the Premises by reason or as a result aP the use and occupancy aP the Premises by Lessee, its agents, employees, licensees and invitees, and from and against any orders, judgements, and/ar decrees which may Lee entered thereon, and from and against all costa, attorney Pees, expenses and liabilities incurred in and about the defense of any such claim. Nothing herein shall constitute a waiver of the sovereign immunity of either party, as provided in ~'larida Statutes 7F8.26 as amended. AxTTCL~ vza n~s~r~,areT~oN o~ L~ae~~ ~ a aLTE~,TxoNs rn the event any of I.es9ee's A.iterations shall be destroyed or sa damaged ar injured by Pire ar ether casualty during the Term of this Lease, ar any extension thereof, Lessee shall commence restoration or removal thereof within ©ne hundred twenty (120} days and thereafter diligently pursue the restoration ar removal to completion. Notwithstanding the foregoing, in the event of any such casualty, Lessee shall have the right,•to be exercised in its sole discreti¢n, to terminate this Lease. In the event Lessee Bleats to terminate this Lease, Lessee shall first plac8 the Premises in a safe and sightly condition in compliance with all Building, Fire and ether applicable codes and shall at 'the request of Lesser remove any improvements which are materially damaged. A~~xcx,~z v~~r UTILITZEB AND BERVTGHS Other than as provided in section 3.01. of this Lease, Lessee shall make arrangements far the supply to the Premises of any and all utilities and services required by ~ssea by contracting directly with the utility ar other companies furnishing such utilities and services to the Premises. Lessee shall be solely responsible far and promptly pay directly to the utility aa• other provider of such service all charges and assessments far water, gas, electricity, trash collection and removal ar any other utility used ar consumed an the Premises, In na event shall. Lesser be liable far an interruption or failure in the supply of any such utilities to the Premises. ~~ ~~ z~~~xo~a~ ~x A88ZQNM~IN~' A~t1~ Bv~LET~r~Crtc~ Lessee mr~y nob et~e~s~.gn, martg~age, pledge ar encumber this Lease w~,th~rute the in ~ert, nox sublet all or any portion of th.a premises, l.nclud#.ng, but riotw ~,~ ited togn~tilifYeeasements are expressly pxahihited w~.thout the prier written appraval aE Lessor, which a~+praval shall net be u~nreaeonablx withheld. Any easement, +~~ssigrament ar sublease not approved n writing by Lessor shall be veld and without legal effect. ART~CLH 7I 13~FAUI,'1' QF LEBBE~ section t0,ol Events of Default. The occurrence aP any one ar mare of the fallowing shall annstitute an Event of Default by Lessee under this .Lease: (i) Lessee shall Pail to perform or observe any cf the agreements, covenants or conditions contained iri this Lease an Lessee's part to be performed ar observed and such failure shall continue Por more than thirty (3D) days after notice from l,easar; (ii) Lessee shall vacate or abandon the Premises; ar (iii) Lessee~a lea$ehold estate shall be taken by execution, attachment or process of law. If any Event of t7efau:lt ocours, then, at any tf,m,e thereafter while the Event of Default continues, Lessor shall have the right to give Lessee notice that Lesser intends to terminate this Lease upon a specified mate not less than three (3) days after the date notice is received by L~;ssee, and this Lease shall then expire on the date specified as if that date had been originally Piked as the expiration date oP the Term of this Lease, If, however, the default is cured within the three (3) day period and Lessor is sa notified, this Lease will continue,. section 1Q.px Waiver, Aaaard ttnd satisfaction. The waiver by Lessor aP any default of any term, condition ar covenant herein contained shall net be a waiver of such term, condition ar covenant, or any subsequent default of the same or any other term, condition or covenant herein oontained. The consent ar appraval by Lessor to ar of any act by Lessee requiring Lessors canserit or appraval shah. not be deemed to waive or render unnecessary LessarTS consent to or approval 4f any subsequent similar sat by Lessee. secsticsn 10 «U3 Enforcement Coate, . rn the event any action, suit o~ proceeding is commenced with respect to .interpretation or enforcement o€ this Lease, the prevailing party therein shall be entitled to recover al], costs, expenses and fees, including, without l.imitatian, reasonable attorneyFs Pees, expended or incurred by such party in connection therewith, including and such costs, expenses and fees upon appeal, and in post judgement proceedings. ARTICLE xx A4fNttAL HITJ7QE'PARY P'tINDINC/CAPfCELLATxgY+l This Lease and all obligations of Lessee hereunder are subject to and contingent upon annual budgetary Funding by the Saard aP County commissianere of palm Seaah County. Eotwithstanding anything in this Lease to the caantrary, Lessee shall have the right to cancel this Lease for any reason upon si.x (5) months prior written notice, whereupon the parties shall be relieved of all further abligatian hereunder. S2u~~T 1~24.7'bYMF1N"1' ~84~,'~,Q'j1 ~,'y~,~,~. Iaelt~14L'~~1 QO'U'~~t~Yltr upon the abs+~z°vanca and perfarm+~nae of all the covenants, tex~a~ and aanditianax an Taeaeea ~ s part to be nbs~arved and performed, Lags6se ghetll pa~agablyy and ~.$t~Y hold x~nd enjoy the Premises for the Taxt~ hereby r9emicsad w~thout .hincleran,c~~, cr intexxuptian by Leseax ax r,ny ether pexecn or persona lawfully or equitably alaimirig b~- thzaugh or under the Lasser, subjeot, nevertheless, to the tezma astd aond~.ti4ng oP this Lease. Q~+3'ION TO R81~1CQ~ RR~ 1# PORT ON OF '~.'IiE PROP~IRTY Lessor hereby acknowledges that i.,essee, in response to Lessor's request, conveyed the ~'roperty to Lessor far use safely and exclusively for public park a.nd recreational pt~rposes- or ether public pur'pasea. Caesar hereby grants the Leagee thy: option to reacquire a partian of the property oansisting of approximately x.2s contiguous acres of vacant land, together with such additional area as may be required to provide drainage and utilities, for use in the construction of a permanent Head Start child care center (the "Facility")• The location of said Land on the Property wilt be identified on a Master Plan far the Property which the Lesser will complete and submit to Lessee prior to the expiration of the initial Tarns of this Lsasa, ~n the event the Lessee notifies th® Lessor prior to the aompletian of said Master Plan that the Lessee has sufficient funds to design and construct the Facilit Less~ar at the request of the Lessee,, shall designate which portion of the Property the Lessee may reacquire for use in the eonstruction of the Facility. ~ Lessee shall exercise its right tb reacquire this land during the Term of this Lease ar any extension thereof by submitting detailed ~lan~ and spec~,ficatians far the Facility to the Lessor fox Lessor s written approval. Caesar shall, provide written response to Lessee within ninety !g p) days after receipt of Lessee's plans and specifications. Upon receipt'af Lessor's approval off' the plans and specifications, Lessee shall deliver to Lessor a certified survey and legal description of the pardon of the lPrcrperty designated by Lessor as the site for thg construction cf the Facility and Lessor shah. then recanvey title to said land to Lessee, without charge therefore. Notwithstanding anything in this Article: HTII to the contrary, in the event the Caesar determines through its fleeter Plan planning praosss or other analysis that the Facility cannot be accommodated on the I~ropertY- the Lessor hereby agrees, at its sole cast and expense, to acquire and convey to Leases an alternate parcel of vacant land 'which meets Lessee's requirements and which is 'feasted within the target area served by the Lessee's Delray Beach Head Start, program. zn~ the event~Lessee hoe exercised its option to reacquire a portion of the Property, this Lease shah, remain in Full force and effect until Lessee has completed the Conatrucztian of the ~`arsility whereupon ttti.e I,®ase shall then expire and the pt~rties shall be relieved of all further abligatians hereunder. ARTICLE 1fTV MI'SCEI,LA31EOU8 8etstion ~.~.oi Pntire Agz®event. This Lease and any Exhibits z~ttaahed hereto and farming a part thereof as if fully set forth herein, constitute all agreements, conditions and understandings between Lessor and Lessee concerning the premises. All representations, either anal or written, shall be deemed to be merged into this Lease. Except as herein otherwise ,--, ,~---~ pravidec~, z~a eubarecluent alteration, waiver, change ar addition tc, this hearse eriall ba bineiing upon Lessor ar Lessee unless reduced to writing and e#.gned key th~im. 8eation 14.02 ~toticee. Any aanaents, approvals and permfesians by Caesar shall hA effective and ve7.id only if in writing and any notice by either garty to the athar ~ah811 b® i,n writ~,ng and shall k~e deemed to be duly given aniy ~,~ mailed prepaid by aartiPied mail return receipt r~aqueffitad, addzeseedt (a) If to Caesar at: City cf Deiray Brach Office of the City Attorney 200 N.W. 1st Avenue Dslz'aY Beach, ~'L 33444 Eb) Ig to Lessee at: Property and Real, Estate Management Division Attn: Director 3323 Belvederd Road, Building 503 West Palm Seach, E'L 33406 with a copy to. Palm Beach County Attn: County Attorney 30l North (?live Avenue West Palm Beach, FL 33401 Either party hereto may change the address for service of natives resluired ar permitted bareunder upan~ten (10) days prior written notice. All notices given hgreundar shall be effective and deemed to have been duly given an],y upon receipt by the party to which natica is being given, said receipt being deemed to have occurred upon such data as the pastel authorities shall show the native to have been delivered, refusal, ar undeliverable, as evidenced by the return receipt, Section 14.03 Brokers cammiss3.an. The parties hereto represent and warrant to the other that there are na claims far brokerage commisgians or finders fees in connection with the execution of this Lease, and agree to indemnify, defend and save the other harmless gram all liabilities arising from any such claim including, without limitation, the cast of counsel fees in cannactian therewith. Seotian 14.04 severability. If any term of this Lease,, or the application thereof to any person ar circumstance, shall to any extent be invalid or unenforceable, the remainder o£ this Lease, ar the application aE such term to persons ar circumstanaas other than Chase as to which it is invalid ar unenPorc~:able, shall, not be affected thereby, and each term aP this lease, shall be valid and anfarceable to the fullest extant permitted by law. Saatian 14,08 captions. ~'he captions in this Lease are included gar convenience only and shall not be taken ,into consideration in any construction ar interpretations of this Lease or any of its provisions. c ,~-. .~ eleatian X4.06 Recording. Lea~eee shall nct renord this Lease, or any tnemoxandum or short fort thereof, without the written coatiaent and joinder of Lessor. I~+re~t:Gon S~t.oT aovsrai'tsg Lnw. This Ler~~e shall be ggverned by and interpreted accard~.ng to ttte Laws ai' the 8ta.te of Florida rind venue shall be i.n Palm Beach County, Florida. Aaatinn 14.08 Titus Of Essen~se. Time is of the esBence with respect to each~provisinn of this Lease which xmc~€tir$s that action be taken by either party within a stated time pariadr ox upon a speaified date. Any reference to a aetctnirt zzumbez~ of days shall be deemed to be calendar days. Any time period provided herein which shall end on a Saturday, Sunday nr legal holiday'sha~.l extend to 5:©o p.m. EST off' the next business day. section 14.09 Benefit and! Hiadirig Effect. the heirs,L succeseol s b Iega air~presentativegrando assigns of tthe parties hereto. TN w1CT~TESB F91i8RH0~', Lesser and Lessee lieretn have duly executed this Lease a5 a~' the day and year first- above written. ATT'ES By; ~~ C ty Clerk AP b AS ',E`0 D LE AL ST3FFTCTEN 8y; ity Atto ne LESSf1R: CT`d'Y 4F DE X BE,~,C~~µ By : '~, ,,,,~., ~:r' a r ._._ s. R96 9$4 LESSEE: ATTES'T.' ix7RflTHY WTLKEN, C~~t1N'j,~F~ r +4 eputy C1erJ~ '~' :mk CC3t1~"E"Y, R~4~i.~¢~,C O ~ tp ~' APPRQ'U'ED O FDRM~k~'~'*"~~"~'~~ AND LEGA FICTENCY Asst. C tl Attorney PALM BEACH C(3UNTY, FLORIDA, A I~OLTTTCAL SFJBbIVTS~TCN AF SHE S~'A~'E , DF LORI bA Ey: JUI. 2 3 tg96 r ~'1a8ree4mt\OELRAY.kS 07/01/95 .-~ E7CxYTBZT ~+]1r~ TrEQAL bEBCRTI'7.'ION OF LLSBpF!' E! BF2OPER'd'Y THE WEST 2/2 OF I,qT 1S, SECTION 2Q, TOWNSHIP 46 SOT3TH, RANGE 43 EAST, P,P.LM BEACH CAF7NTY, FT.C7I2IDA. 9 _~___..._......~._.,..,,u_...~.____.._. _~..... .~___.._ .. ._._~,_---- .w.._....~....._...__ - ~ r.n ~ ~ 4 I` g~~~ ~~ 4 t S 1, ~', b ~ !I . Y -~ I ~, ~/~OM Inf HMO{ ik~A ~ nqy M! eawv-'Hbt7af,S"~ • •• ~e',~wia t~WN•3r Rltii"`* 10 Vied.; P° ~~J ti G r t ti I i k !R'i i7i ~ .../~ ~. ;ygn N O Y ~ i A Y Y i D i 1 I !~-~..~~_ ~ li ~~ ~~ F~ AMENDMEN'iC NUMBER DNE TD LEASE AGREEMENT THIS AMENDIVIENT Ni7MBER DNE TD LEASE AGREEMENT (the ``Agreement") wade and entered into JiIN 6 6 204b by and between the CITY of D)~LRAY BEACH, FLORIDA, a Florida municipal cnrpaxation, hareinafler referred to as "Lessor" and PALM BEACH COUNTY, a political subdivision of the State of Florida, on behalf of the Department of Community Services, Mead Start and Children Services Division, hereinafter referred to as "Lessee". WITNESSE"I'H: 'WHEREAS, Lesser and Lessee entered into an Agreement dated July 23, 1996 (R96-9B~D), fax the loose of Premises to be used #'or the establishment and operation of a child day care center, business office, meeting room seed recreational center in conjunction vrith its Head Start child care and development program as desexibed in the Agreement; and 'V'VHEREAS, the Term of the Agreement, as extended by the' Renewal of Lease Agreement dated April 3, 2001 (R2001-0481}, currently expixes an July 22, 2006; and WHEREAS, the parties desire to extend the Term of 'the Agreement for an addztionaE five (5} year period .commencing an July 23, 2406 and extending thrnuglx July 22, 201 l . NOW, THEREFORE, in consideration of the Premises as hereinaer defined and the mutual covenants hereinafter set forth, the Agreement is amended as fellows: I. The recitals set faith herein above are true and correct and incorporated herein by reference. 2. T`he 'T'erm of this Agreement is hereby extended for a period of five (5) years commencing an July 23, 2006 and expiring err July 22, 2011. 3. Notwithstanding the foregoing ax anything in the Agreezueut to the contrary, County may cancel this Agreement far any reason upon ninety (94} days prior written notice to Lessor, whereupon the parties shall be relieved of all further obligations hereunder. 4. Bxcept as speaii'ically rrradirad by this Amendment Number One, all of the terms and conditions of the original Agreement remain unmodified, in full farce and effect and are hereby ra~f ed by the parties. :, .. k .f ., 'Yl,.1fy , L A I IN WITNESS WHEREOF, the parties hereto have executed this Amendment Number One To :ease Agreement an the, clay a~zd year fu°st written above. ATTEST: SHARON R, CLERK & C 8~, ~~ Y APPROVED AS TO F(7RM AND LEGAL SUFFICIENCY E Y~ _. ~. Assi ant aunty Attorney ATTEST: City Clerk I.L~SSEE: ~ ~ ~ ~ ~ ~ ~ ~ ~ `d PALM BEAC~~OUNTY,.a political subdivision of the State of Florida r T y r, airman Date: -- _ APPROVED AS TO TERMS AND CONDITIONS By.~ 1 Audrey lf, Direct r Facilities Deve]opment. & Operations T~ESSOR: Cl~"Y Op' DEL Y BEACH `- ,._1- ~sy: yo Date• ~ APPRO s To FORM ANp L GAL SUFFIC Y ity Attaz~aey ~:~k G;1Property ZvCgtnt SeetionlO~i~'l:ease~.~tay ~f3eh 'lSeadstan FacSAmefid~nent One to Leasc Agr H1'~ App ^ ~ . ~. P,ay ~4i.~i.4 .. ~ . MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: December 2, 2010 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF DECEMBER 7, 2010 RELEASE OF LIMITED ACCESS EASEMENT AGREEMENT ITEM BEFORE COMMISSION Approval of the release of a limited access easement that is over the south property line, adjacent to Tamarind Road. BACKGROUND The attached limited access easement agreement prevented vehicular access over the property line adjacent to Tamarind Road. The property owner has requested that the City release the limited access easement over the property line. Staff has reviewed this request and does not have any objections to the release. The property (Lot 4) was previously combined via unity of title with the parcel to the north (Lot 3). The unity of title has been released and staff is currently processing two (2) separate beach overlay review applications for two (2) different owners to construct new residences on the vacant lots. The project names are Melaleuca Road Estates (Lot 3) and the Ferrara Residence (Lot 4). In order for the southern property (Lot 4) to be developed as proposed (with frontage along Tamarind Road), the limited access agreement needs to be removed. The limited access agreement was originally established when there was one (1) property owner for both lots who had joined the properties via unity of title with the intent of having frontage along Seasage Drive. Per the LDRs, in order for the frontage to be along Seasage Drive, a limited access agreement was required. RECOMMENDATION Staff recommends approval of the release of the Limited Access Easement Agreement. Prepared by: RETUKN: Jason S. MankoFf, Esquire Michael Weiner 8c Associates, P.A. 10 SE ls~ Avenue, Suite C Delray Beach, Florida 33444 RELEASE OF LIMITED ACCESS EASEMENT AGREEMENT 'Chis Release of Limited Access Easement Agreement ("Release"), made this day of 2010, by and between BRUCE & EMII~Y ROBSON (hereinafter "Property Owner"} with a mailing address of 2021 South Lewis Avenue, Suite. 74.0, Tulsa, Oklahoma 74104 and the CITY OF DELRAY' BEACH, with a mailing address of 100 N.W-.1st Avenue, Delray Beach,. Florida 33444, a municipal corporation in Palm Beach County, State of Florida: WHEREAS, a Declaration of Unity of Title which was recorded on September 22, 2005 in the office of the -Clerk of the Circuit Court of Palm Beach County, Florida in Official Records Bonk 19285, Page 593, was released by the Release of Declaration of Unity of Title recorded in Official Records Book 23842, Page 1587, of the Public Records of Palm Beach County, Florida. WHEREAS, the Property Owner wishes to release the Limited Access Easement Agreement recorded in OR BK 20185 PG 1035 on April 11, 20Q6 in Palm Beach County, Florida. NOW THEREFORE, inconsideration of the mutual promises and covenants -set forth herein, and for other good and valuable consideration,. the receipt and sufficiency of which are hereby acknowledged, the parties do hereby covenant and agree as follows: 1. That the recitals heretofore set forth. are true and accurate and incorporated herein by reference. 2. That this Release is needed so that vehicle access to the property described in Exhibit. "A" can be accomplished as required pursuant to L:DR Section 4.3.4(E){3). 3. Property Owner and City agree that this Release shall be recorded in the Public Records of Palm Beach County, Florida. and shall run with the land. The Release granted herein shall not be transferred, assigned,. sold or otherwise conveyed except in conjunction with the transfer or sale of the subject property. 4. This agreement shall be construed and governed in accordance with the laws of the State of Florida and in the event of any litigation hereunder, the venue for any such litigation, shall be in Palm Beach County, Florida. All of the parties to this agreement have participated fully in the- negotiation and preparation hereof and, accordingly, this agreement shall -not be more strictly construed against any one of the parties. hereto. S. This agreement may not be changed, altered or modifed except in writing signed by both parties. This .agreement shall be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties to this Release set their hands and seals the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Approved as to norm: 13y: City Attorney WITNESSF,S: (name printed ar typed) (name printed or typed) STATE OF _ COUNTY OIa~' By: Woodie McDuffie, Mayor PROPERTY OWNER By: By: The foregoing instrument was acknowledged before- me this day of 200_, by , as (name of officer or agent; title of officer or agent), of (name of corporation acknowIedging), a {state or place of incorporation) corporation, on behalf of the corporation. He/She is personaily known to me or has produced (type of identif cation) as identification. signature of Person Taking Acknowledgment. Name Typed, Printed or Stamped My commission expires: n ' SKETCH QF DES(~?!PTlUlll EXf~O'BfT 'A' sr•~r- ~ of r .~~EA~~ Df'/I~E ~ ~ SCALE' r" = 2D' 0 i ~ ~ . r - CENrERLIn,~ ~~~~ TES Is ivoT A Sc~~vEY ~. - ~~~ ~ . ~~ - - - ~ ~ ~ r~~ ~~ ~ ~~ - y ~ ~ ~ ~ ~ DESCRIPTIOI~• ~ THE Scwm un~ of LOT 4, I ~ O ~ (1'p ~ r BLOCfC R~, SEAGATE SfC77'O1V "A'; ACCORDING TD 77-x' PLAT ThERE01~; ~j . C y ~ C) ~ AS RECORDED 1N PLAT BOOK 20, ~ O ~ ~ ~ -A ~ BEACH DUTY FLORIDA. S 0~" PALM E ~ ~ ~C.'( ~''~ ~~ 9ah6~~ ~ o ~ ~ oa ~~ PALS D~ENGL . ~ O ~ SC~941/EYDr4 & MAPPER ~57a8 f 0 'y DATE.• QCTUBER I4, 2005 3~5' ~ o~sRlEnr, sUIrER ar o'eR~EM INc '~ CERTIFICATE aF AUTHORIZATION ~{LB353 D SURVEYOR AND MAPPER /N RESP NSIBCE CHARGE.' PAUL D. ENGLE 260P NORTH FEDERAL HIGHWAY - aELRAY BEACH FLORIDA 33483 p~pq ~ ~ (5&f) 275-450f (5fif) 732-3279 - iliifil~fiifl~i~fifli~l~iilffffi~ii~~fiff fly ~ Preparedby: CFN ~0fd6~2134~4 ~+rf ~ OR HH 2~1~35 PC .1035 {{? Pami Maugham, Esq. BECOSBED 04J'11i2006 15:07:49 Weiner & Aronson, P.A. Peie Reach County,. Florida t,~. 102 N. Swinton Avenue Sharon Ft. .Hock, G1yERK S G(~1lFTROLLEB Delray Beach, FL 33444 Pgs 1035 - 1038; (~lpgs? 56 . 65.2666 x 308 .6831 (fax) p"' Qzonelaw.com ~t{) f:/ J ~.. s LIMITED ACCESS EASEMENT AGREEMENT C r~`' ~' ~.~ . This ~ ~, ited Access Easement Agreement, made this ~~~ day of , 260rS, by and between ~. ~,.,~ o>s (Hereinafter "Property Owner's with a mailing Q address of 2 ; , outh .Lewis Avenue, Suite 7'40, Tulsa, Oklahoma '14104 and the CITY OF ~ DELRAY BE~, with a mailing address of 100. N.W. 1st Avenut, Delray Beach, Florida c 33444, a rnunicip~tparation in Palm Beach County, State of Florida: ~ WHEREAS, ~on 6.1.2(B)(7) of the Land Development Regulations of the Code of 8 Ordinances of the Ct Delray Beach provides tha# reserve strips controlling access to streets ~. shah be prohibited ex 7~ ere their control is definitely placed in the City under approved conditions, Such reserv shall be required, as limited access easements, slang all arterial and collector streets exeep approved points. of ingress and egress; and - s~. r/y. WHEREAS, vehicular ~s onto Tamarind Road fi0m the property descnibed in Exhibit "B" is impracticable in this ca use it would require vehicles to completely circle the ~' property before entering the prop ,,end `~ ~ WHEREAS, the property own shes to have a limited access easement agreement aver the side of the lot adjacent to Tarnari; and IdOW, THEREFORE, in cGa~ratian of $10.00 and other valuable consideration, receipt and adequacy and sufficiency of which is hereby aclrnowledged; the patties intending to be legally bound, do hereby agree as follows: ~ 1. That the recitals heretofore set forth are true and accurate and incorporated. herein by ~ reference. 2. That the Limited Access Easement is needed so that vehicle access to the property described in Exhibit "B" shall be denied as to Tamarind Road. a 3. The Limited Access Easement covers the area described in Exhibit "A". c~- 0 4. Property Owner and City agree that this Limited Access Easement Agreement shall be recorded in the Public Records of Palm Beach County, Florida and. shall run with the land. The Limited Access Easement granted herein shall not be transfet=ed, :assigned; sold or otherwise conveyed except in conjunction with the transfer or sale of the subjec# property. C L Book201851Page1035 Page 1 of 4 5. This agreement shall be construed and governed in accordance with the laws of the State of Florida and in the event of any litigation hereunder, the venue for any such litigation, shall be in Palm Beach County, Florida. All of the. parties to this agreement have participated in the negotiation and preparation hereof and, accordingly, this agreement shall not be more construed against any one of the patties hereto. ~ This agreement may not be changed, altered or modified except in writing signed by bo~ 'es. This agreement shall be binding upon the parties hereto and their respective succ~scdrs acrd assigns. ~'' ~~TNESS WHEREOF, the parties to this Limited Access Easement Deed set their hands ands the day and year first above written. ~~-,~ ATTEST: ~;~.,_, CITY OF DE E CH, FLORIDA ~. By: ~ ~ BY: City CIerk ~ Je ayar Approved as to Form: Sy: c~ City Attorney ~ '~•-,~; n . PROP TY O S: ~~-1. ~ ~~ BY: ire 4.Rr ... ( e printed or typed) ~ By: ~~ ( printed or typed) STATE OF ~l ~ . d ~_ . COUNTY OF c~c~ The foregoing instrument was aclmowledged before me this ~ day of ~`xC , 200 by TS~•u ~ 4 f.,. ~y ~a1~s~+rZ . __, as ' (name of off cer or agent, title of officer or agent}, of -(name of corporation aclmowledging), a (state or place of incorporation) corporation, on behalf of the corporation.. impersonally .known. to me ar has produced ~.1,.~ ~r;yt•~ l~~c~.se. (type of identficato as identification. Signature of Person Taking A owled ent. Vanes E ~~ e ~ ` `~' ~ eomm~~+oo~~4404 Name Typed, Printed or Stamped ~~ ~xpi~es OdoUK 14.2046 Book201851Page9 035 Page 2 of 4 ETCH o~ ~sc,~tPnorv OBIT 'A' sr~Er r ~- ~ ^, ~. 0 ~~; c7 .~ I ~` ~~ . I ~~s I~ ~ ~~ O o~ Z 0 ~a ' ~4 ~~ r .~ y ~ ~ ~~ ~ rn ~~-~ ~ ~ ~ ~~ ~~ y~ ~o V o ~ ~,~ o ~~~ ~~ o~~~ o ~ ~g~ ~~ ~~ 3T5' ORDER Nn OS-~A r 00 fi~ O~ SCALE f = 20' IVpTES r = G~7vrERUI~ Tf,~S IS NOT A SG~?I/EY UESC~'PT/CJY1~ n-~ so~urH cum a~ LoT ¢, BLOpC 10, SEAGATE SECTlCXV "A ; ACCOR~i'NG r0 Th'E !'L.4 r ThEREOF; AS REC06RUED IN PLAT BOO~C 20, PACE 48. PL~lC RECC.~?,DS OF PALM eEACf- coc~vrr, FL.G410A. PAt~ D, ENGL 5~41/EYOR & DATE: OCTOBER 14, 20p5 #5708 Book201851Page1037 Page 3 of 4 EX>-IlBIT "B" Lots 3 and Lot 4, Black 1D of SEAGATE SECTxC~N A, according to the Plat thereof, riled in Plat Book 2Q, Page 48, of the Public- Records of Falco Beach County, Florida. ~'. `~~ ~%~' ~~ ~~ ~ r u'' r ~ ~. ~~J '" C 4451 ~~~ `~ ~~~~ ~~ /~~. ~+' F~ ~~F r~~~~ *~^' Book20185/Page~038 Page 4 of 4 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: December 2, 2010 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF DECEMBER 7, 2010 GRANT OF A TEMPORARY CONSTRUCTION EASEMENT ITEM BEFORE COMMISSION Acceptance of a temporary construction easement from the CRA for construction of a brick paver public plaza at the SW corner of Martin Luther King, Jr. Drive and NW 5th Avenue. BACKGROUND The CRA owns property that is located at the SW corner of MLK Drive and NW 5th Avenue. The City will be constructing a terrazzo brick paver public plaza at this location as part of the MLK Drive beautification project. The CRA has requested that the City execute this temporary construction easement to be in effect while construction is taking place on the property. RECOMMENDATION Staff recommends acceptance of the temporary construction easement from the CRA. Prepared by & Return to: David N. Tolces, Esq. Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd. #200 Fort Lauderdale, FL 33308 PCN: TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT ("Easement") made this _ day of , by and between the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a body corporate an politic whose mailing address is 20 N. Swinton Avenue Avenue, Delray Beach, FL 33444, ("CRA") and the City of Delray Beach, a Florida municipal corporation, whose mailing address is 100 NW 1st Avenue, Delray Beach, Florida 33444 ("City"). RECITALS WHEREAS, CRA owns the land described in Exhibit "A" attached hereto (the "Property"); and WHEREAS, City has requested that the CRA grant a Temporary Construction Easement to allow City to construct improvements on the Property, as described in Exhibit "B" ("Improvements"); and WHEREAS, the Improvements to be constructed by the City serve a public and municipal purpose, and are consistent with the CRA's redevelopment plan and the requirements of Chapter 163, Part III, Florida Statutes. NOW, THEREFORE, for and in consideration of the payment of the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, and the mutual promises and covenants contained herein, the CRA and the City agree as follows: 1. The CRA does hereby grant to City a non-exclusive Temporary Construction Easement upon the real property legally described in Exhibit "A" attached hereto and made a part hereof. The rights granted pursuant to this Easement shall be limited to the right to utilize the Property solely to install the Improvements described and/ depicted in Exhibit "B", which is attached hereto and incorporated herein by reference. 2. This Easement shall include the right of ingress and egress thereto, over, across, through and upon that parcel of land depicted in Exhibit "A" attached hereto and made a part hereof. The rights granted pursuant to this Easement shall expire and this Easement shall automatically terminate upon the earlier of City's completion of the Project or one hundred and eighty (180) days after the Effective Date. For purposes of this Agreement, the "Effective Date" is the date on which the CRA executes this Agreement. Notwithstanding such automatic termination, City shall promptly deliver to CRA a Release of Easement, in a form satisfactory to CRA, upon completion of the Project, if so requested by CRA. 3. Conditions to Right of Usage. City shall obtain any and all necessary governmental entities' written approval of all plans relating to the construction of the Improvements on the Property prior to commencement of construction thereof. All improvements shall be constructed at City's sole cost and expense and within the confines of the Property in accordance with the approved plans and all permits and applicable statutes, rules, regulations, codes and ordinances. City shall give CRA five (5) days written notice prior to commencement of construction. City shall not be entitled to construct any improvements on the Property other than those Improvements specifically identified herein. 4. Location of Existing Utilities. Prior to exercising the rights conferred hereunder, City, or any party acting as its agent, shall locate the utility facilities within the Property, and shall conduct and coordinate with all utilities that have facilities within the Property. 5. Use Limitation. City acknowledges and agrees that the rights granted by this Easement are and shall be strictly limited to those specifically granted herein and that City may not utilize the Property for any purpose not specifically permitted hereby, including, without limitation, staging or storage of construction equipment or materials. 6. Maintenance, Repair, and Restoration. City shall be solely responsible for and shall, at all times, maintain and repair at its sole cost and expense the Property, and all improvements currently existing or constructed hereafter therein during the term of this Easement. City shall be solely responsible for and shall, at its own cost and expense, promptly repair any damage arising out of City's exercise of the rights granted hereby, and restore any Improvements constructed or installed hereinafter within the Property to the condition it was in prior to such damage, using materials of like kind and quality. In the event that City fails to fulfill these obligations, CRA may complete the work and City shall reimburse CRA for all costs and expenses incurred as a result of such failure. 7. Other Obligations. City agrees to diligently pursue all work performed hereunder to completion and to exercise the rights granted hereunder in a manner that does not unreasonably interfere with and minimizes the impact on the CRA's use of the CRA's Property. City further acknowledges that the Property will be used in conjunction 2 with the CRA's relocation of a house on or about December 18, 2010, and shall use its best efforts to insure that any Improvements placed on the Property prior to that date will not interfere with the CRA's house relocation activities. The CRA shall be responsible for the cost to repair or replace any Improvements damaged as a result of the relocation of the house. 8. Personal Property. CRA shall have no liability or responsibility whatsoever for City's improvements, equipment, personal or other property, nor that of any other person or entity, placed upon or located within the Property. 9. Prohibition Against Liens. Neither the City's nor the CRA's interest in the Property shall be subject to liens arising from the City's or the City's Contractor's construction activities on the Property, or exercise of the rights granted hereunder. City shall promptly cause any lien imposed against the Property to be released, pursuant to Chapter 255.05 and Chapter 713 of the Florida Statutes. In addition, City shall either require all contractors to furnish a payment and performance bond in accordance with Florida Statutes Section 255.05, naming City and CRA as an obligee. Any required payment or performance bond shall be delivered to the CRA prior to commencement of construction. 10. Insurance. City shall insure that its Contractor provides, maintains and keeps in full force and effect Automobile Liability and General Liability Insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence combined single limit bodily injury and property damage liability coverage and Workers Compensation covering all employees in accordance with Chapter 440 Florida Statutes. The General Liability policy shall include coverage for the Easement Premises, Operations, Contractual Liability, Independent Contractors Contractual Liability, and Broad Form Property Damage Liability coverages. Except for Workers Compensation, all insurance policies shall name the CRA and the City as Additional Insureds. Such insurance shall be in an insurance company licensed to do business in the State of Florida and approved by the CRA. A Certificate of Insurance evidencing such insurance coverage shall be provided to the CRA and the City prior to the commencement of any work pursuant to this Easement. Such Certificate shall require at least thirty (30) days prior notice of cancellation or adverse material change in coverage. City is responsible for ensuring that any contractor or subcontractor entering the Property on its behalf has and maintains insurance coverage at least equal to that required of the CRA under the provisions of this Paragraph 8. In no event shall the limits of said insurance policies be considered as limiting the liability of City under this Agreement. Furthermore, and to the extent permitted by law, City shall and hereby does hold CRA harmless from any loss or 3 damage incurred or suffered by CRA due to City's failure to insure that the contractors maintain such insurance, subject to the limitations contained in Section 768.28, Florida Statutes. 11. Indemnification. To the extent permitted by law, and subject to the limitations provided in Section 768.28, Florida Statutes, City, its successors and assigns shall indemnify, defend and hold the CRA harmless from and against any damages, liability, actions, claims or expenses (including reasonable attorney's fees and expenses at trial and all appellate levels) arising out of the actions or inactions by the City or its Contractor with respect to construction activities on the Property, and the exercise of the rights granted hereby and use of this Easement by any person whomsoever, including, without limitation, loss of life, personal injury and/or damage to property arising from or out of any occurrence in or upon the Property or access routes or in connection with the use or operation of the Property or access routes. 12. No Dedication. The grant of Easement contained herein is solely for the use and benefit of City, and City's authorized agents and employees, and is not intended, and shall not be construed as a dedication to the public of any portion of the Property for any other use for the public. 13. Time of Essence. The parties expressly agree that time is of the essence in this Agreement. 14. Matters of Record. City hereby accepts the Property "As-Is", without warranty or representation and subject to zoning and other governmental restrictions, matters reflected on any plat relating to the Property, and all other easements, restrictions, conditions, encumbrances and other matters of record. 15. Construction. The terms of this Easement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Easement and the same shall remain in full force and effect. 16. Entire Understanding. This Easement represents the entire understanding between the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Easement. 17. Notices. All notices and elections (collectively, "notices") to be given or delivered by or to any party hereunder, shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service, or national overnight delivery service (provided in each case a receipt is obtained), telecopied or 4 faxed, or alternatively shall be sent by United States Certified Mail, with Return Receipt Requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier services, or overnight delivery service, or on the date of transmission with confirmed answer back if telecopier or fax if transmitted before SPM on a business day and on the next business day if transmitted after SPM or on a non- business day, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designated the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: CITY: David T. Harden, City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 Telephone No. (561) 243-7010 Facsimile No. (561) 243-7199 Copy To: R. Brian Shutt, City Attorney 200 NW 1st Avenue Delray Beach, Florida 3344 Telephone No. (561) 243-7090 Facsimile No. (561) 278-4755 CRA: Diane Colonna, Executive Director Delray Beach Community Redevelopment Agency 20 N. Swinton Avenue Delray Beach, Florida 33444 Telephone No. (561) 276-8640 Facsimile No. (561) 276-8558 David N. Tolces, Esq. Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (561) 276-9400 Facsimile No. (954) 771-4923 Any party may from time to time change the address to which notice under this Easement shall be given such party, upon three (3) days prior written notice to the other parties. 18. Default. In the event City fails or refuses to perform any term, covenant, or 5 condition of this Easement for which a specific remedy is not set forth in this Easement, CRA shall, in addition to any other remedies provided at law or in equity, have the right of specific performance thereof. 19. Governing Law & Venue. This Easement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue in any action, suit or proceeding in connection with this Easement shall be in a state court of competent jurisdiction in Palm Beach County, Florida. 20. Prohibition Against Assignment. This Easement may not be assigned by City. Any assignment made by City shall be void and without legal effect. 21. Reservation of Rights. CRA hereby retains all rights relating to the Property not specifically conveyed by this Easement including the right to use the Property and any improvements now existing or constructed hereinafter therein, and the right to grant to third parties additional easements in the Property or the right to use the improvements therein. IN WITNESS WHEREOF, the parties have executed this Temporary Construction Easement as of the day and year first above written. Signed, sealed, and delivered in the presence o£ ATTEST: By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney CITY OF DELRAY BEACH, a Florida municipal corporation organized and existing under the laws of the State of Florida By: Print Name: 6 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this by ,the , of a has produced did not take a oath. (Notary Seal) Notary Public, State of Florida Type, print or stamp name DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a Florida public agency ATTEST: By: Diane Colonna, Secretary Howard Lewis, Chair STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2010, by Howard Lewis, the Chair of the Delray Beach Community Redevelopment Agency, who is personally known to me, or who has produced as identification. (Notary Seal) day of , 2010, ( )who is personally known to me OR (_) who as identification and who ( )did ( ) Notary Public, State of Florida Type, print or stamp name DNT: dnt H:A2006\060018 DBCRA~AGMT 2010\Temp Construction Easement -City (5th and MLK)(11-29-10)CLEAN.doc 7 EXHIBIT "A" PROPERTY SURVEY LEGEND: '-" a V~ Q) ~ ~~ f I CO ~ Z O W " ~ 00 o Z ~ ~ i ~ j' ~ ('~ D. ~ ..1 x x ~ I I ' -i x 6' IDEWALK .P.P. s.oo°oo'~s^E. 38.33'M. p 38.25'1'. ~ A1C =AIR CONDITIONING SLAB C.A.T.V. • CASLE TEtF/ISION C. =CALCULATED C!L =CENTERLINE CONC. •CONCRETE E.S. =ELECTRIC PULL BOX F.F. =FINISHED FLOOR EL • ELEVATION L.S. =LICENSED SURVEYOR M. =MEASURED OIB • OFFSET P.C.P. =PERMANENTCONTROL POINT P. =PLAT RhV •.RIGHTOF WAY U.E. •UTILRY EASEMENT WM • WATER METER CPP =CONCRETE POWER POLE W PP • WOOD POWER POLE S 00.00 20 E ii4,62' 10 }t" ROD LEGAL DESCRIPTION: LOT t, MELVIN S. SURD SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 11 PAGE 73 OF THE PUBLIC RECORDS OF PALM SEACH COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN PALM BEAGH COUNTY, FLORIDA -- ~~"\'~- SET NAIL - 1' & TAB 61 v 0 (` LS#2983 CURB 6' 310EWALK & GUTTER f l OI °-1 H.C. - ~ X.00°00'16"VY. (BBj A~PHALT RAMP N: W. 5TH AVENUE 40' R/W CERTIFIED TOl betray Beach Corn/~unlty RedevelopMent Agency Goren, CheroF, Doody & Ezro(, PA Attorneys'Tltle Insurance Fund, Inc. N©TESj The Da vld E. Randolph and Mary E. Randolph Trust L EXCEPT AS SHOVN, BELOW GROUND OR OVERHEAD IM°RDV£MENTS HAVE NDT B££N LDCATEA 2. THIS SURVEY CANNOT B£ TRANSFERRED OR ASSIGNED WITHOUT THE SPECIFIC NRITTEN PERHJSSJON DF BRUCE CARTER 6 ASSOCIATES, INC. 3. REVISIONS SNOVN HEREON DD NOT REPRESENT A Sld?VEY U°DATE tNY.ESS OTHERVISE NOTEA ~. AO RESPONSIBILITY IS ASSURED BY THIS SURVEYOR FDR THE CONSTRUCTION DF IHPRDVEHENTS FRDH BUILDING TIES SHOWN ON THIS SURVEY. 5. THE LEGAL DESCRIPTION WAS PROVIDED~BY TH£ CLIENT. 6. FENCE OWNERSHIP NDT DET£RHINEA CERTIFICATEr I hereby CERTIFY that the attached sketch of survey of the above described property is true and correct to the best of My knowledge and bet/eF as surveyed under roy direct/on on FEBRUARY 2, 2009 THIS SKETCH IS NAT VALID UNLESS IT BEARS AN ^RIGINAL SIGNATURE AND AN EMBOSSED SURVEYORS SEAL, 7 _/ BRUCE N CARTER REGISTERED LAND SURVEYOR #2963 STATE OF FLORIDA, LB# 4683 NDTE~ The undersigned and BRUCE CARTER & ASSOCIATES, INC. make no resentat/ons or guarontees as to the 1nForr~atlon reflected hereon pertaining to ensenents, rights-of-way, set back l/nes, reservations ,ngreenents and other slnllar natters, and Further, this instrument Js not Intended to reflect or set Forth all such natters. Such lnformat/on should be obtained and confirmed by others through an appropr/ate title search. NDTE~ Lnnds shown hereon were not nbstncted For right-of-wny and/or ensenents of record. NOTE, .This sketch is the property of BRUCE CARTER AND ASSOCIATES INC. and shall not be reproduced /n whole or In part w/th out pern/sslon of the above !n wr/tln . BRIi"iIi CARTER & ASSOCIATES, INC DATE 02 02 2009 /~ LAND SURVEYORS -LAND PLANNERS 1/J~ II 405 S.E. 6TH AVE. (SOUTH FEDERAL HIGHWAY) DRAWN BY RCA IIIIIIIIIIC DELRAY BEACH, FLORIDA 33483 PHONE (561)-265-1910 /FAX (561)-265-1919 F.B, PG. NA FOUND ~" IRON ROD LB#2639 ~~ EXHIBIT "B" The improvements consist of a terrazzo paver brick public plaza at the northeast corner of the property with 6 recycled glass terrazzo stools/seats, a trash receptacle, and interpretative signage with custom designed panels. The improvements also include associated lighting, landscaping and irrigation, as well as the installation of a meandering concrete sidewalk west of the plaza. 9 sNO~ ~a bN 3 .. anode aoanos3d ~.~edn d „ _ _ •au~•sa~eioossdpue ^~^ uaoH-Ra~wi~ ~ F ~ ~~ 03 ~ 6 S ~ k 3 o~ _.~.~ x.. ~ ~~ E ~ z a m 3o~L 3°~~ you O ~ s ~ E ~ ~ ~ ~' ~ i O ~ -_ _- ' _ w~ _ ~ m = ~. ~w _ ~ ~ ~ i ~ ~~ i vaibo~~ m _o Nb'ld 311S H~V381.b^dl3^ j0 ALA b' b'Zb'ld ~IlBfld 3nRi4 '2if ~NI~I = r ZI3Hlfll Nll~lyW ~i „ U -~ ---' `" c~ os~ ~ ~ ';`, 3/~d ~H1~os 5 MN £ - 1 ` o~ ,~ ~ _ I~- ~----gym ~-- 00 ~w ~ ~ ~ ?~ - £F ~~ LLm ~ ~° o~~= ~__= ~~ ~wo~ ~ ~~ ~ ~I 3waOw )- u3 ~ ii ~ Ko ~ 1 Wei N IF _F K ~~o j ~ I 3 m a« Y~ wpm d ~u T-~ r ~ oo ~rc z z Nr o~ V ~ o£ ~ zfwoo~oF ~ o d _ - - z ~I / a w ~ C~ r ~ a~m~~u£ m u w z ~~ ~ ~~=~~J~~ ° ~~~ w ~~ ~ ~ _~ ~ _ _ °£mf ws£o, y Q ~ w w ; ~£ w=>~ o ~Qaw~ ~ ~ ~ ~ ~ ~ s ~a~a =w o ~ ~ ~ it ~ ~ a o z ~ ~ ~ ~ ~ ~ ~ ~ ~ 1II~ ~~ w3 ~ ~F K ~ ~_ ~~ ~ o ~ ~O Jo Z z a ~~ Q o ~ I p -~ ~ o a l~ ~ __ __ __- ~ ~~11d ~~ L 3 ~N MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 10, 2010 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF DECEMBER 7, 2010 ACQUISITION AGREEMENT/ACS GOVERNMENT SERVICES, INC./FIREHOUSE ITEM BEFORE COMMISSION This item is before Commission for consideration of approval of the acquisition agreement with ACS Government Services, Inc. for Firehouse software. BACKGROUND The City's agreement with SunGard for Public Safety Software includes a separate Firehouse software product for our Fire-Rescue Department, funding for the Firehouse software product is already included in the SunGard agreement. Firehouse will interface with the SunGard dispatch system. The Firehouse software will serve as a records management application for our Fire-Rescue Department and includes modules for Fire and EMS reporting, Staff Activities and Training, Occupancy Management, Apparatus Equipment and Inventory, Hydrant Tracking, Mobile EMS, Mobile Preplan Viewer, and Mobile Inspections. The attached City Standard Agreement as negotiated with ACS Government Systems, Inc. includes License and Maintenance Agreements. Funding for the first year maintenance cost of $16,915 is included in the existing agreement with SunGard. RECOMMENDATION Staff recommends approval of the acquisition agreement with ACS Government Services, Inc. for Firehouse software. STANDARD FORM OF AGREEMENT BETWEEN CITY AND ACS GOVERNMENT SYSTEMS, INC. FOR PURCHASE OF PUBLIC SAFETY SOFTWARE SYSTEMS THIS AGREEMENT made this day of , 2010, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and ACS GOVERNMENT SYSTEMS, INC. (hereinafter called VENDOR). WITNESSETH: The CITY and the VENDOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned VENDOR hereby represents that he has carefully examined all Agreement documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The VENDOR, as evidenced by the execution of this Agreement, acknowledges that it has examined the physical characteristics of the job requirements. The VENDOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the Agreement's requirements. 3. The Agreement between the CITY and the VENDOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS EXHIBIT Standard Form of Agreement -- Corporate Acknowledgement A Certificate B Insurance Requirements C Sample Insurance Form D Drug Free Work Place Certification E Firehouse Response RFP Section II -System Support Sheets F Final Firehouse Price Quotation dated June 10, 2010 G Firehouse RFP Proposal dated October 5, 2009 and October 15, 2009 H Firehouse Software License Agreement I Firehouse Software Maintenance Agreement J 4. The term of this Agreement shall commence on the date set forth in the Terms and Conditions. 5. VENDOR shall coordinate with SunGard Public Sector, Inc. in SunGard Public Sector Inc.'s development of a Project Implementation Plan for the CITY. VENDOR shall provide services in accordance with VENDOR's proposal in CITY's contract with SunGard Public Sector, Inc. and in accordance with the developed Project Implementation Plan. 1 6. VENDOR agrees to incorporate VENDOR's portion of the response to the Request for Proposal #2010-05 in this agreement with the following order of precedence: this City Standard Form of Agreement shall govern first, followed by the Firehouse Software License Agreement and the Firehouse Software Maintenance Agreement, then followed by Firehouse Response RFP Section II -System Support Sheets submitted as part of the RFP response from SunGard Public Sector, Inc., Final Firehouse Price Quotation dated June 10, 2010 and finally followed by the Firehouse RFP Proposal dated October 5, 2009 and October 15, 2009 submitted as part of the RFP response from SunGard Public Sector, Inc. 7. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 8. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to CITY: David T. Harden, City Manager City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to VENDOR: ACS Government Systems, Inc. 8260 Willow Oaks Corporate Drive Fairfax, VA 22031 9. The VENDOR shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement and, specifically, the VENDOR shall not assign any moneys due or to become due without the prior written consent of the CITY. The CITY and the VENDOR each binds himself, his successors, and assigns to the other party hereto in respect to all covenants, agreements and obligations contained in the Agreement documents. 10. In consideration of ten dollars ($10.00) and other valuable consideration, the VENDOR shall defend, indemnify and save harmless the CITY, its officers, and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the negligence of the CITY), recklessness or intentional wrongful misconduct of the VENDOR, its employees and subcontractors in the performance of services in connection with this Agreement. VENDOR agrees that negligent, reckless or intentional misconduct may include the use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. VENDOR agrees that negligent, reckless or intentional wrongful misconduct may include the violation of any applicable Federal, State, County or City laws, by-laws, ordinances or regulations by the VENDOR, his subcontractors, servants or employees. VENDOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation in connection with the work performed under the Agreement. 2 The indemnification provided above shall obligate the VENDOR to defend at his own expense or to provide for such defense any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Agreement whether the work be performed by the VENDOR, his subcontractor or their respective employees. This indemnification includes all reasonable costs and fees including attorney's fees and costs. The CITY will pay to the VENDOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the VENDOR acknowledges that the bid price includes said consideration for the indemnification provision. VENDOR SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT VENDOR'S MAXIMUM LIABILITY TO CITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY CITY TO VENDOR HEREUNDER DURING THE IMMEDIATELY PRECEDING TWELVE MONTHS. THE LIMITATION ON LIABILITY ONLY APPLIES TO TORT CLAIMS AND NOT TO CLAIMS OR SUITS RELATED TO PATENT INFRINGEMENT, PATENT RIGHTS OR ROYALTIES. 11. FIREHOUSE Software Source code may be placed in escrow maintained by the CITY for access in the event of: (i) VENDOR has availed itself of, or been subjected to by any third party, a proceeding in bankruptcy in which VENDOR is the named debtor, an assignment by VENDOR of all of its assets for the benefit of its creditors; the appointment of a receiver in bankruptcy for VENDOR, or any other proceeding involving insolvency of VENDOR or the protection of VENDOR from creditors, and the same has not been discharged or (ii) VENDOR has ceased its ongoing business operations. The CITY shall initiate and maintain, at its sole expense, the escrow account with a software escrow service that is mutually acceptable in the reasonable judgment of the Parties. 12. This Agreement shall be considered null and void unless signed by both the VENDOR and the CITY. 13. The Agreement documents constitute the entire agreement between the CITY and the VENDOR and may only be altered, amended or repealed by a duly executed written instrument. [Remainder of this page intentionally left blank.] 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney WITNESS: (Print or type name) CITY OF DELRAY BEACH, FLORIDA By: Mayor VENDOR: BY: (Print or type name and title) 4 m X w ,~ ~; ~, ;, r., f. i {;~T; ; ,_ ~- "", J ~ ~ ,~ ~ ~~ : ~e ~ :u: ~~ d' ~J ~~ ~ ~ ~. ~:i ~I `'' .~ ' , .~''~ ~ - J ~~ . ~.~ ~ _3 W ~' .'y .i ', ~ . 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' 1 ~ ,: - pn' ~ 1 I L L ~ m -: ~ ~~l!~~pp °kuuN° ~ "9 u~ ~ -T.l 1.1 ~I ,~--.yy ~'' ~ ~ ~ ~ ,n'..~T "Avis n '1 N p ~.~ ~zl a'9'i wig, _'7 4U .:~ ,~ ~L _ G,~:~ ~ ~ rW '• ~ r..,, ^-i tl~9~V "wow; M EXHIBIT G ~~'S ~~w~r~°rxixx~iiw S~R~~k~axx:s„ Irrx 1:5~J.~M1~I~ ~ ~C`CIIf~i.Ev~ I~~xllrn~~.^ ~~a,t~ !~'vr~ I~~e~aa~x~m~uxC~ E~11'~ D~!~T'E E~TII~Ik09~s'TIE k'~da~lo- w~,'3.o~r~CY3.~ I?4r.o.. ~`tx!sttrlr I4iurulx~r CIf=~~F411P'T'II~~ r~T"'r~ ~'v~>' IE',1 T+~T~,1L FIlFi~bw xE „~rftax'r~~~e "MT4"'ws'~'v"zxsura~vb - '^e7eadulllwsc, d 11,~"~:`~ C~~~ i i~~a~~~d d 0:,"~5.~r !ab !:. _.=d ~r~ Fvu,~ L F:.; _, F~ -.L_ fi•-=d~c,ric-ici~e I~V.L `~ 1'7dl"7'~~': M~bi" ~ _ L'?~I~:,t. .iI7~1>Ap~r,0.1!S F c r.[_ cueur >1a~1 _r. e- ~_ :,.. - ~.:~ -.-u Te~arY~v~~, FIE-=:~aw~E'~r~rr _';,~ ?xsl~!~vb-~Cdzliti~at~r~.t;~1s~x _'4 l,''"'~~~~i ~~~~4~~r~ 4n,~~~~.~r FH :',-alp Einnl~idllr=r~ ~'~~st~exxl, I _ _~~-rxt -~0.: ~~.~ FTF'-- r E'afftr Ie-~..~ :~.~Ebft7t~rExr~ d '°,~,~:~; =~':)::~ _-.::',0~:> FH !.'.,1 E ..: , ail. 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T1~r~L ~ feu pHl~u~~ Ala u,u~al~r,, FLra ~:~ c,~1.. f~ '';1 ~ ~['1 ~xk 1 ~uu~, r~+ryw~.,G rtm~ uuu~r~r~, -C~'~6 ~~ ~,n a811 ~~~I xr~ arw ~:~:lm~t~, ~'~uarwGu, ~°~uu, 32 EXHIBIT H ,~r~' ~~~~Nt~~,~1~' .N x7GAA~t~ ~'d.~~;~ ~~ ~ ..~ ~ ~~~~~ ,~ ~...m~ ~m..,,.. ,~ ~,a. ~i TIE: ~ E.~T11Fp..~,+u'l'IE: I'u~. Intl I~,~a:,~~ N ~h~f,,.~~~ ~~N~~I '~~+~ N~~RI~ Ndmtl~tli~lllnrr r~lrtri7r„I~k ~L=~Ekl'~T'It7~# it! I;~: ; I ! ~xsf~^rwu~~>` E.~~rr~~ur~ ~ „p ~. ~~: ~."_ o. ..I of - il~ li..:~;:.; ~'i'ri; -u l~" 1'"~'.RT~~YIf~~!~;,~'~i,il7 ,;:kirrr:~e^-~ti, -u'~:'. 11-iii .'el,. i. ~.~-<'~~I a -..r-r ril. :' ~;-. ~;u Ali..: I .:Cl I,, .!! I. .:.::I's~. i '..- it _ ~, e~~,~xlsih . ' ~~,,~Iw~ixwll II ,II;,AIJ~I ~~s~°w~ur~'~%r'r;#'~r'~P"ahs~ir~rMn ~~', ! I Ir^~~;~rw~,°~a~ r ! ! : ! nrnrt Il " I. I I ...ir ter;. ~#r~~~,~ ~,: ! ~ .i 1, '::r;r '`"lyre li ~ ~ :;:~~„.rl N'~ I I!. I .'. ! i. al ~, a.. N~~s~~~~air>~r7? ~~ ~L~up~rrl kL~uN~~I~~l~~rul hPi ^~~ia ~~a~Y~ `~~,tl~y~~uC~l~lird ~'~'11?r9tlulrp BFI, 4~ .E~II ~~~ic~lrul~ P~~1u~taui~a; ~,+~~a~iCiud~ural 1~J4~r~ k"y~T~owip~ylrv'~J1ce;1aY~r;:~r!1„ .,-,::°9. ~1"¢~.J~-ip ~lu~~!~r,~ISIPF"~r~rrhi!yNa':~r~l~n 9'~i~'sl~n~a~ral p'vrar im~iwi~~~li~lrm I '.I?I•I!i! I . ;'Ervnr~ k:mlpWirj,9r loll"~{'.~~~~~. "~'51717NUB~Y^NSYkr~ F'11~r-r;: r'~~~u'(~°~~I~~~l~ti~("`~ul,l I~um~r~8f~!,rr~f "+Lw~wa~w1~ ~~Iplyawu~l ~.:~~ d..~v'd~"Illlf n ~~, I N I .9'"~.a.Y~N~4~i ~~'ro~l L„~"1;'F~~~~1 I ~ I~ 9.~wG~~ a:dS ,~pq'4„fMl1 ~ ~ ~~b ~°J9 r~N~ ~ 1~6~+N~~11 h~ 1.FS~"~l} ~~~?A"IMMI~r O Aid&l~~~l b"~'~tl11:w Pi ~'~,i"ICd3ati~l,~ ~ `~',~IYS;~~CI ~'ia.}I~YAm~k6 ~^Ivuimd"RVr~ E:'I Tw~Tr~l.. ,~~ w I.~w~ 47~P ',~1^s„f~~C~~'~ 6~4~.;'~,,~,tl~MD~ F~~~ ~s,rWrvh! ;r I~~,i< !~r~rq~!:Ip~u: If] '~,p1riG"I~I~! '~Nr;- .~~6 ~r.~ M~nl+l ,: 1-';i~~.~ ~ I .wr~~gar~~~r>ras~ Ir? ara5 i ~i 'r~,r,~r:I~I II'. ~„C! 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I:~irn° •:'~1~ nl, :;:L ~'~I Irl~~,-; ir9~tx~ v~ ~f<~u ~a~•~L~~rmu~,~ ~~~~ L~r"I~d s~N:wul~~ thy: r.;r.l~r ttl~~;~~uN~L~~~ll~ - , ~r~ _ r~i,sl~al~~~~'• ~7'~~I,i;f~u.'I S.rrl ~''~ ~arJ_,is,n~, ~ 1"'~ r~~~, ~i ~i-~~~~.,~~r2~ I ._'.„l~ri ~~i'~ ~ ~ lil, ., .. i? .li I~"°,"'~~R~+"~~'GJGf:N, ~m~ fi VJ 55 EXHIBIT I ,, '~ A C ~ IF ~ IE ~ ~ d . °°~ IE Software® ~ "~~~,~~ , ; ~ ~rar~pc~n~ FIREHOUSE Software License Agreement ACS FIREHOUSE Software Affiliated Computer Services, Inc. A Xerox Company 2900 100~h St., Suite 309 Urbandale, Iowa 50322 Customer: City of Delray Beach, Florida ACS Account Number: 331576 FH Serial Number: 263967669 Products: Number of Concurrent Users: FIREHOUSE Software 25 OSSI CAD Monitor Interface 1 FIREHOUSE Mobile ePCR 10 FIREHOUSE Mobile PrePlans 10 FIREHOUSE Mobile Ins ections 10 Interface to Telestaff 1 Carefully read the following terms and conditions before opening the package. Only an Authorized Representative of the purchaser should open the package. Opening this package indicates acceptance of these terms and conditions specified in the License Agreement. ACS Government Systems, Inc. ("ACS") and the party who opens this package ("you") hereby agree as follows: 1. Licensed Software: "Licensed Software" means the software component and modules ordered and paid for by you, as listed in ACS' client database of licensed products, and as evidenced by your customer receipt. Licensed Software includes all documentation relating to our software. It also includes any upgrades, modifications, and customizations (collectively, "Improvements") to our software, should such Improvements be delivered to you at a later time. 2. End Users: "End User(s)" means (i) your employees with a need to access the Licensed Software; and (ii) third party consultants engaged by you who have a need to access the Licensed Software, and who are fulfilling legitimate business functions for you on your behalf. 3. Materials: This package contains program diskette(s) and/or CDs and applicable manual(s) relating to the Licensed Software. 4. License Grant: ACS hereby grants a revocable, non-exclusive, non-transferable license to use the Licensed Software on a single microcomputer, in the United States of America. The number of End Users authorized to access the Licensed Software concurrently is reflected on your invoice and in this License Agreement. You may increase the maximum number of concurrent End Users by procuring additional licenses from ACS based upon the then-current license fee schedule. You may not make use of any object code for any component(s) or modules(s) for which you have not expressly obtained a license for use under this Agreement. Any rights not expressly granted in this Agreement are expressly reserved. You agree not to (a) rent, lease, sublicense, assign or otherwise transfer the Licensed Software, including any of the materials or your rights hereunder, (b) remove or obscure our proprietary notices, (c) translate, alter, decompile or disassemble any of the materials, (d) copy any of the materials without our prior written consent, (e) use the software for other agencies. You shall have no right to access, copy or otherwise use the source code for software licensed under this license. You are prohibited from causing or permitting the reverse engineering, disassembly or decompilation of the software licensed under this license. You are prohibited from modifying, improving or otherwise enhancing the software licensed under this license. 5. Terms: This license is effective until terminated (the evaluation is effective for 90 days from the date of installation). You may terminate it at any time by destroying the materials and all copies of any material made from the original materials and notify ACS immediately. This license terminates automatically upon breach of any of the conditions of this license. Upon termination you agree to 56 destroy all copies of the materials. Use of the materials without a valid license of the materials is unauthorized and may subject you to monetary penalties. 6. Confidentiality: You receive the right to use the Licensed Software and materials as specified herein, but you do not become the owner of the Licensed Software and materials. The Licensed Software and materials are exclusive property of ACS and are protected by trade secret, copyright, and trademark law. You acknowledge that the materials are ACS property and contain valuable, confidential, unpublished information developed by ACS at a great expense. You agree to use your best efforts to protect the materials from unauthorized reproduction, distribution, disclosure, or use of publication. Subj ect to applicable public disclosure laws, you may not transfer any materials or software to anyone or entity without the written consent of ACS authorized personnel. 7. U.S. Government Restricted Rights: The Licensed Software and documentation related thereto were developed at private expense and are provided with "RESTRICTED RIGHTS". Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 and DFAR 252.227-7013 et seq. or its successor. 8. Export Laws: You may not export the Licensed Software and agree to comply with all laws, regulations, orders or other restrictions of the U. S. Export Administration Regulations. 9. Warranty: We warrant the enclosed CDs and printed materials to be free from material defect in normal use for 90 days from the date of receipt of materials. We do not warrant the error free operation of the Licensed Software contained on the CD or that such Licensed Software will meet your requirements. The Licensed Software is licensed "as is". We will however attempt to correct or bypass any actual reproducible and significant error in the software, provided you notify us and describe it in writing within 90 days from the date of receipt of the materials, and we will, within a reasonable time, at our option provide either a corrected copy or work around instructions. This does not cover altered software or require us to customize our software to meet your hardware or operating system requirements. No dealer, company, or person is authorized to expand, alter this section or any other provision of this agreement. Any such agreement will not bind ACS. ACS MAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO THE ENCLOSED SOFTWARE LICENSED UNDER THIS LICENSE, IN WHOLE OR IN PART. ACS EXPLICITLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. ACS EXPRESSLY DOES NOT WARRANT THAT THE LICENSED SOFTWARE, IN WHOLE OR IN PART, WILL BE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE OTHER THAN THE EQUIPMENT. LICENSEE WAIVES ANY CLAIM THAT THE LIMITED WARRANTY SET FORTH IN THIS SECTION OR THE REMEDY FOR BREACH OF SUCH LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. 10. Limitation of Liability: ACS' LIABILITY IN CONNECTION WITH THE LICENSED SOFTWARE UNDER THIS LICENSE, OR ANY OTHER MATTER RELATING TO THIS LICENSE WILL NOT EXCEED THE SUM OF THREE-HUNDRED THOUSAND DOLLARS ($300,000). REGARDLESS WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL ACS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, INDEMNIFICATION, OR OTHERWISE, AND WHETHER OR NOT ACS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT ACS HAS SET ITS FEES AND ENTERED INTO THIS LICENSE IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH IN THIS LICENSE, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 11. Reserved. 12. General (System Only): This license shall be governed by laws of the State of Florida. All prior correspondence oral or written including without limitation, all understandings with respect to the Licensed Software or materials relative thereto are hereby superseded. This license constitutes your and our entire agreement and understanding regarding the Licensed Software and materials relative thereto. General (Evaluation Only): This evaluation program is provided free of charge to the registered requester of the evaluation software and is to be used solely as an evaluation copy. 13. Software Maintenance Agreement: 90 days free phone support is provided with purchase of FIREHOUSE Software. A separate software maintenance contract is available for an additional charge. This software maintenance contract is not mandatory but highly recommended. The annual maintenance contract includes phone support and program updates. The cost of the software maintenance contract is based on the type and number of modules installed. In the event that the 90 day free support period has expired and no software maintenance contract has been established, a "per call" fee will be billed to you for telephone or other technical support. ~_ '~-~ ~ ~~ Vendor: ACS Government Systems, Inc. Customer: City of Delray Beach, Florida 57 EXHIBIT J FIREHOUSE Software Maintenance Agreement THIS AGREEMENT (hereinafter "Agreement") is made, and entered into this day of , 2010, by and between ACS Government Systems, Inc., located at 8260 Willow Oaks Corporate Drive, Fairfax, VA 22031 (hereinafter "ACS" or "Vendor"), and City of Delray Beach, Florida, located at 100 NW 1st Avenue, Delray Beach, FL 33444 (hereinafter "Customer"). WHEREAS, Vendor and Customer have entered into a certain license agreement (the "License Agreement") pursuant to which Vendor agrees to license to Customer a software system known as FIREHOUSE Software (the "System") as specified in the License Agreement; and WHEREAS, Vendor desires to maintain, and Customer desires to obtain the maintenance of, the System on the terms and conditions hereinafter provided. NOW, THEREFORE, Vendor and Customer agree as follows: 1. Maintenance Services The maintenance services to be hereunder (the "Maintenance Services") shall consist of: (a) technical or operation assistance provided by Vendor to Customer relating to the System (FIREHOUSE) or enhancements thereto and (b) distribution by Vendor to Customer at no charge of enhancements to the System which maybe developed from time to time by Vendor. Vendor shall maintain System for Customer in compliance with all federal and state regulatory, court adjudicated, and legislative mandates for reports, data formats, features, functions, interfaces, input, exports, and communication protocols. Life Cycle Protection. In the event that operating system software used in conjunction with the System becomes obsolete or is upgraded, replaced, enhanced, or revised, Vendor shall provide life cycle protection by providing the Software is in a form compatible with the next generation of such operating system software; provided, however, that any professional services costs associated with implementing the Software on any third-party hardware and/or software, including but not limited to set up costs, procurement of third-party hardware and/or software, and any costs associated with migrations, training, or updating third-party hardware and/or software to be compatible with the Vendor Software will be the sole responsibility of the Customer. The compatibility upgrades will be provided by Vendor by the date that Vendor releases their software upgrade requiring the interface. Vendor shall include as part of the maintenance the following life cycle understandings: • Perpetual right to receive the future versions, enhancements, or replacement software modules • All current and future functionality, features, reports, inquiries, and interfaces shall be carried forward into any future versions or replacement modules with three specific caveats: o A capability will be carried forward, however, it may not be provided immediately at the time of the upgrade, release, or deployment, but such changes will be provided within twelve calendar months from the full deployment or upgrade release date o A capability may be provided through a different methodology. o Any custom feature, function, interface, or report, may not be provided as part of the routine maintenance. Vendor reserves the right to address the availability of such a feature and the possible cost or maintenance agreements. 2. Maintenance Fees During the term commencing on the Acceptance Date, as defined in the License Agreement, and continuing as long as all software maintenance agreement fees are current, Vendor shall provide the Maintenance Services to Customer for a fee payable annually on each Anniversary Date in advance. The start date and payment date for the first year of maintenance shall be upon full system implementation. Full system implementation is defined as the date the software is installed on and verified as existing on Customer's hardware and upon completion of user training for Customer. At least thirty (30) days prior to each Anniversary Date Vendor shall notify Customer of the yearly maintenance fee to be charged 58 by Vendor for the next succeeding year, whereupon, unless Customer notifies Vendor in writing that this Agreement shall terminate on the Anniversary Date, this Agreement shall be extended and renewed for an additional period of one year at the fee so specified by Vendor. For the first two years of the contract period, maintenance fees shall be fixed at the proposed annual support fee amount as shown in the Final Firehouse Price Quotation, dated June 10, 2010 and attached as Exhibit G to the Standard Form of Agreement between the City of Delray and ACS Government Systems, Inc. For subsequent years, the annual increase in maintenance fees shall not exceed 5% from one year to the next. Throughout the term of this Software Maintenance Agreement, ACS Government Systems, Inc. shall maintain the current functional interface with SunGard Public Sector, Inc. OSSI software, provided that the SunGard Public Sector, Inc. OSSI software is installed on the City's computer system. As long as all software maintenance agreement fees are current, Vendor shall provide Premium Technical Support to Customer consisting of the following: a. Unlimited telephone support on a toll free (800 number) with live direct connect to FIREHOUSE technical support Monday through Friday from 8:00 AM to 8:00 PM and Saturday from 9:00 AM to 1:00 PM Eastern Standard Time. b. Premium support also provides live, real time chat support via Web ACD c. An account history database with specific system configurations and a written account of all problems encountered d. Unlimited access to the 24-hour fax line. Faxed in problems are answered before 9:00 AM Eastern Standard Time the following business day. e. Unlimited access to the FIREHOUSE Software .ftp site on the Internet for file upload and download, containing tips techniques, fire service industry news and other electronic communication. f. All program updates and releases, including new features to existing system, additional reports and product enhancements. 3. Additional Services At the request of Customer, and with the consent of Vendor, Vendor may also provide technical, operational or other assistance or consulting to Customer in excess of the amount included as the Maintenance Services at Vendor's standard hourly rates then in effect. 4. Conditions The termination of the License Agreement, or of the license granted therein, shall automatically result in the termination of this Agreement. VENDOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OF ANY KIND WHATSOEVER, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED BY VENDOR AND WAIVED BY CUSTOMER. VENDOR SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEM-PLARY, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF` IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT VENDOR'S MAXIMUM LIABILITY TO CUSTOMER HEREUNDER SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO VENDOR HEREUNDER DURING THE IMMEDIATELY PRECEDING TWELVE MONTHS. 5. Confidentiality Vendor acknowledges that in the course of providing the Maintenance Services or other services provided hereunder, Vendor, or its employees or consultants, maybe supplied with or come into possession of information which is proprietary to Customer including information as to customers, methods of doing business or operations. Vendor hereby agrees that it will keep all such information confidential, and will disclose such information to no other person. In addition, Vendor agrees to take such action as may be necessary or appropriate by way of agreement with, and instruction to, its employees so as to maintain the confidentiality of such information of Customer. HOWEVER, NOTWITHSTANDING THE LANGUAGE ABOVE, ACS UNDERSTANDS AND AGREES THAT THIS AGREEMENT IS GOVERNED BY THE FLORIDA PUBLIC RECORDS LAW. VENDOR CUSTOMER By: By: 59 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 30, 2010 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF DECEMBER 7, 2010 SPECIAL EVENT REQUEST/43RD ANNUAL ST. PATRICK'S DAY PARADE & PARTY ITEM BEFORE COMMISSION City Commission is requested to approve a request to conduct the 43rd Annual Saint Patrick's Day Parade and Party proposed to be held on Saturday, March 12, 2011 beginning with set up at 11:00 a.m., parade starting at 2:00 p.m. and ending at approximately 4:00 p.m., and an event at Old School Square from 11:00 a.m. to 7:00 p.m., and to grant a temporary use permit per LDR's Section 2.4.6(F) for the use of Atlantic Avenue from Andrews Avenue to NW 1st Avenue for the parade and Atlantic from Andrews to the bridge with overflow on East Drive to Lowry Street and Gleason if needed for staging of parade entries. The event producer is also regesting closure of NE 1st Avenue from Atlantic to the east/west alley. Commission is also being requested to approve staff support for traffic control and security, barricading, EMS assistance, use of half of the small stage and to allow event signage to be put up fourteen (14) days prior to the event. BACKGROUND Attached are a special event application, site plan, budget and economic calculator received from Nancy Stewart on behalf of the St. Patrick's Day Events, Inc. The parade will start at 2:00 p.m. and end approximately 4:00 p.m. Atlantic Avenue from Andrews Avenue to the bridge and East Drive will be utilized to stage the parade entries. We would close these streets by 11:30 a.m. The event producer is also requesting the use of the Old School Square front lawn, which will be fenced and gated and will have food and beverage vendors as well as entertainment. Estimated overtime cost for the event is $11,700, barricade rental costs is $1,000, trash boxes is $350 and small stage rental is $266 for a total of $13,316. Per event policies and procedures, the event sponsor will be required to pay approximately $10,391. The parade will end on NW 1st Avenue. RECOMMENDATION Staff recommends approval of the event request, the temporary use permit and providing staff support as requested, contingent on the receipt of a Certificate of Liability Insurance and Alcohol Liability Insurance by March 2, 2011. C1~ O~T~elray Be~.ch u~~n~'~~~~~ Speczal Event Permit Application ~ ~ ~ ~, ,~ PLEASE TYPE OR PRINT _ __ :,,, - Event NamelTitle: 43`~ Annual St Patriel~'s Da_~ de_&_Party Event L)ate(s): March .12, 2t}l l Times: 11am - 7p~u {vent) March 12, 201.1 Times: 2pm. -- 4pm {Parade} ~l~~°~Ti~B~I~~ .Requesting street ol~sure: yesX no (If yes, need tzzneldate for .closure and reopening) S~rturday,lVlarch 12, 2f111 [nvort ~- 4':llOpm) -Atlantic Avenue beginning on G~ea on Street he ire West to NW ]:5f Avenirre. •d .~ -Staging on Avenue and. East Drive tt~ Lowry Street~~~, -Andrews Avenue if necessary. ~n addition, five tacatians along Atlantic Avenue with fire apparatus. - stationed with American. and other flags suspended above the street PD & FD prior- approval. -Close NE f5~ Avenue from Atlantic to the alleyway -G~ t Event Sp Event ContactlCoordinator: Nancy Stewart-Franczak onsor/Produaer: St. Patrick's__Day_Eyents,-Inc, Name: Nancy Stewart-Franczak .Address: 54-B SE 5r~' Avenue, Delray Eeaclr, FL 33483 Telephone Number: 5Ct-279-090°7 Cellular Nermber: 561-703-7028 E-r~n.ail Address: nancy~avenuecreative,cam Event l7escriptionlPurpose: Celebration of Trish Culfure and af~~d-raiser for non-profit Qr-~anizations staffm~ event. In addition, as an economic development promoted to drive traffic to downtown businesses and restaurants, Brief History of Event (~f applicable): Celebrafina 43 -years as parade, 4`"year as pre-post event party Played Activities {Outline of activities/nuznber of activities, i.e_ entertainment, children's rides, games, other programs): Pre and Post I?artY on grounds of Old School Suuare, featur'rn~ arts & craft vendors, food vendors full li nor /beer bar livemusic from llatn - 7 m• Parade 2 m - 4 rxr• Veteran's Pant REE Hospitality/teedin~ area to hos# fire ti~hters in parade) J Iriumlier oflndividuals Served Previous Year (ifapglicable}:5,000+ Describe the targeted population and expected attendance: 85,000 e~enected attendance drawing from Palm Beach and Broward Corznties rimaril Ins over 300 Fire Fi hters & Paramedics state wide and #heir• families Describe how the program or pri~ject addresses. community needs: Economic_en~ine for cl4wntawn businesses and restaurants drives traffic to downtown businesses and hotels DeSC~ibe your MarketinglPromotions Program (How will you marketlprotnate, i.e. TV', xadio, posters, flyers, web sites, other.): Street si~nage, TV (FAX=.29); Radio (Clear Channel Broadcasting: 98.7 --- Gafor,1055 KOOL, 95.5 -WILD .Real Radio WZZR,129Q WJNO), Newspapers {Post & Se~ntimel, Trarlewincls), Sponsor Category {please check) City Q Noit-Pra~tlCharitable X Private .^ Co-Sponsor -Nan-ProfltlPrivate a (~f 1V©rt profit attach proof o_ f 501c1'~), c(4), c(fi), C'(~(I), yr c(~9) .or (d) ~:, Event Locafion (Describe area bour-daries of event/Iocatiori): ,,(f,~fG~.~~ .Atlantic Avenue beginning on Gleason Street heading West to NW :1St Avenue~iSt~~Gn~on az~d East Drive to Lowry Street. ~n news Avenue if necessary. In addition, five ioeations along Atlantic Avenue with. fire apparatus stationed with American and other flags suspended above the street with. PD & FD prior approval. Close NE '1St Avenue from Atlantic to the alleyway c ~~ 'V ' ' -Site plan attached: yes X na (Site plan. required; for entire :event site. Include locations of tents, stage; portalets, d~unpsters,. portable lighting, and barricade location if applicable.} Rental af'Old S.ehool Square: yes X no (If yes, attach proof of appravaIj RerataI of Old School Square Park: yes no X (If yes, attach proof of rental agreement with Parks & .Recreation) Private Property Use: yes no X. ~If yes, attach. fetter giving authorization firom plroperty ownez) Event budget attached: yes X no (Required for all events) Pre~viaus year Revenue/Expense sutrunary attached; yes X no (Required for all events} .l~rts and Ecoi~oznic Impact Calendar attached: yes X (Attached) n~o Obtained an line at v,~ww.ArxlericazasForTheArts.org (Required for all events except minor events and.. SK Runs) Do you have cash sponsors for the event; yes X na (Indicated on budget) Do you have in-kind sponsozs f'oz the event: yes X. rzo (Indicated oil budget) Serving. or selling alcoholic beverages: yes X no (If yes, copy of license and alcohol lia5ility insurance required two (2) weeks prior to event) Y:4ST PATRICK'S I3AY12011 ST PATS FILESICETI! IT1F012011 S7' PATS Special Event Permit J~pplicaaon.doc Event c-ertii~icat~ of znsurance attached: yes no X (Required tcva (2) weeks prr'ar to event narni-xg the City as additional insured, atsa requiredJor vendors) Playing of amplified music: yes X n© (Waivew required) Will there be entertainment: yes X no (If yes, attached list of performers and/or DJ's} If yes, sponsor agrees all entertainmennf will be ~arn7ily oriented and contain no obscenities: :yes X no Requesting Police assistance: yes X (Plus outsource) no (traf~C CQntrOI~SeCllrlty~ Wzll supplement with private security: yes X no (I. f yes, ,-teed' irlan attached) Requesting Eznergeney Medical assistance: yes X na Requesting street .closure; yes X zita (If yes; nee~d,/timyefdyYaryryte fox closure and reopening) Saturday. March lL. 2(1~'1(ret~r~n _ d:40Frn1 -Atlar~tie A~venue~inning on Gleason .Street heading West t© NW ~3` A~epue. n ~ -Staging ou venue and East Drive to Lowry Street.c~.~d -Andrews Aven-~e if necessary. In addition,.five locations alo~tg Atlantic Avenue with fire apparatus ~ (~~;au, stafionecl with. American and other flags suspended above the street with PD & FD prior approval. -Close NE Isr Avenue from Atlantic'to the alleyway -C" -~C e_. vent. r ~, aor>t~~g Requesting barricade assistance: yes X no (if na, haw are yflu handling`?) Requesting-trash removal/clean up assistance: yes n4 X (Will be billed to sponsor) Requesting trash baxeslcontainers and liners: yes X no Requesting stage use: yes X ncs (If yes, check type} Large stage (14' x 3f'} ^ Small. stage {l,6' x Zl.'} ~ .Half small stage (8' x Zl') X Requesting. signage~ yes X no Type: 4'x4'Evet-tSign X Parking Signs X Banner hangingr, Indicate. dates :required Feb 2S- Marl 4 ~d1.1 (K'aiver required if mare tfiat~ one (I) weep prior to evetat) Requesting City Portable Generator: yes no__ X (Ff yes, .size & povvex} Y;1sT PATRICK'S17AY1203.1 ST PAT5 P11:E51CITY INFt31201 t ST PATS special twvettf Permit App[ication,doc Food and beverage vendors: yes X no If yes, appr€-ximate number G (Health Depatirr?!ent approval required} yes X no 4thez• vendors: yes X na (Indicate type) Irish Cultural items arts crafts. Business artici ants Tents: yes X no If yes, How Horny 35 What size or size required IO' x 1l1' (If yes, tent permits anrl~re inspections pray be needed) Will the event include amusement rides: yes no X (If yes, type and loc~rtion rrrtd copy n, f'li~6illty instrrrrrr:ce rerlt~rired, trlso requires strtte ICcense a~:d inspection 'Will the event be gated: yes X no (Show on~site mapj Will there be a charge for the event: yes no X (I, f yes, i~rrCicrtte itckef prices) Will there be fireworks or other pyrotechnics: yes no X (If yes, cnrttact Fire .~~erslrrrl to a6t~rl;t: ,'rt~tl compCete perrxtit rrppCicr~tion) Will there be cooking with compressed gas: yes no X {If yes, contact Fire MnrshraCfnr inspections} Will you be providing port-a-lets for the event: yes no X (If yes, locate ors-site rnap. I,f'no, irrrlicnte how yore w1Tl ltartrlle restroo~n rzeerlsl Is reserved parking rectuested: yes no X (If yes, ittrlicate Incati~ons arad purpose for use) Event Permit Attachtx~ents: X Revenue/Expertse Budget X RevenuelExpenseRecop Last Years Event N1A Site Plan X Letter Requesting Noise Ordinance Waivcr X Letter Requesting Waiver Consumption Alcohol Beverages X ProofofNon-Profit Status to come General Liability Insurance Certifcate to came_ Alcohal Beverage Liability Certificate X Proof of Rental Agreement ar Authorization Letter from Private Property owner X Hold Harmless Agreement Y:~T PA't"RiCK'S DAY1201 I ST PAPS 1:ILE51ClTY 1NP012011 s'r PATS Special Event Pen~it Appliefftion.doc Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event i24 days prior to event • Nei~l~all Block Party 30 days prior to event ~~y~,~ l~/~.~ ~~ Date Please enclose the appropriate nonrefundable application fee payable to the City of Delray Beach, 100 N.~. # sl Avenue, Delray Beach, Florida 33444. Required with permit application, Fur Staff Use OnI~' / ~.,~ Date Received 1/~~`~/ / ~ Applicalion fee received ,~ Y_15T PATItCCK'S 1]AY120 3 E ST PA'S'S FILESICITY INFOt20l i ST PATS Special G~vent Aermii Appiication.doc - - - .~ .- ,:r --., 5t ~~~C~CC` S ~Ara~~ ~c+Jl( `~ s .,~~trl ~-K ----- ~~,t~ ~ sw a' ~~v~ z s. I ~~~~ ~ H N T SW ~4'I'tl AVM ~ ~ &~ j~ -- S g p. ~d ~ i .i. ti h S-ht BE;LtAVE ~ ~ ~, ~ CAtfA~" FiWl9k ~ ~ TF1kiIS CE3{;Elt ,~~, ~ S1M ~H9 AVfi ' ~j ~ !f. ' ~ ~ 1. ~,.,.~ s~virrror+hvs ~ (1~] s '~. ~~ ~ si` av~ ~ ~ ~` ~ 9EZf~nr/d ~ ...~,..~,.. N. } ;~ rS §E 4'1?i A1~E ~ ~ ~ ~ E Q. _ .~ T S ~ ~ ~ ~r sss'rrl~nv~ A ~ ~ N E: ~ ~ ~ ~. r s~ a~i nv~ ~ c $ q se ~'13i Avg ~ ~ ~ (~ } ~P ~ ~ ~r v, ,_„....~. p ~ t~Elv:rPS W. ~ ~.~„~. r~ . i .-....a...:..• X. ~~ VR~k`[]AN ~ ~ hi0T41itGYC1.1:111 ~~ ~0~ .Mi.~.i. [SAN ~ ~~ pip7pnCYCt~~~ -a..o.t..~.~,-,~~ - •(vb..~ruirrl.wa nvs ,~,~I F~i~Cti~1~ 1~ faAY A-1-A tNt?iftFt ~C~~ Ai.1 U _. ~` ~(.f ~~ .:P... ~_ ~ ~~ O ~~ 2Q11 ST PAT=S PARADE PROPOSED BUDGET (2010 Actual) INCOME - --- Miscelianeous Income ~-~ Transfer Bank Balance ra new bank $ 2,5DD,OD _ I;ven# Sponsor Revenue $ 12,OQ0.00 ATM 90 _ ~ $ 129.50 DDA Grant $ 75D.4D ~ ~--~- - Republic Liquor -~~-- -- $ _ ~ 1,500.(}0 ___a -- . Rocksrar Energy ©rlnk $ 1,000.00 _ _ Unique Travel .. _. _ _ _-.-.~ Stanley 5reemer $ 20b.Ob ~. Stuart & Shelby _ $ 1.,OOD.00 Vacation V!!lage Resorts - $ 500.Ob Parade i=re - - -$- - ~,~©o.aa- $ 3,bbb.Do Beverage Safes $ 9,000.(]0 $ 14,O00A0 Other Income-Events Float Entries $ 8,1.57,31 $ _ 8,000.00 Vendor Income $ 4,355.33 $ 4,500.00 -.:_. ~ TOTAL`INCOME '- °- ` ~` ° ~~~ ' ~' ~ ` = ~- ' : :;$ ~ =~U,61)~,14 $ ~a1;St}p.tlC! $ ° ~ `1,~OD.QO.. EXRENSES CIty:Services ' .$. `'.~.2,OOOAD Police $ ~~.._ fi,$fl9.&2~ Barks &,Rec ~ $ 41U 40 - Public Works ~ ~~ ° ~ $ ~ 3,00 39~. Barricades $ 35D.00 _$ 350.00 Trash Boxes $ 350.00 $ 350.00 city Stage ~-_ $ 532.50 $ 532.50 Llquar License $ 25.00 $ 25,00 Board of Health Permit $ 50.OD $ _ 5dA0 Fvent Permit $ 15d.Od $ 150.00 $ 150,00 Banking t=ees $ 225.dD - ~- __--_- Ba_n_k Service Cha_rges___ _ _$ 217.00 ~ 200.OQ Heartland Pmt Systems-Gredlt Y ~ Gard Pracessing Fees 1 $ 835.09 ~ $ 1,ODO.DD _. . _ Beer -Liquor -Beverage Cost $ 4,500A0 $ __ 4,800A0 ..~Y ~ Entertainment ! Stage $ 2,350.00 $ Z 500.00 . E Marching Bands ~$ 3,000.00 $ - P Office_5upplies _ _ : $ 909.95 $ 350.00 --- stage $ 143.15 $ 100.00 ~ - - Advertising/printing $ 1,283.95 $ 1,000.00 ~ 2 p115t P ats Proposed pity Budgek.x[sx X011 ST PAT`S PARADE PRDP~SED BUDGET {20~©Actual} 2U11 St Pats Prapased City tzudget.xlsx Untitled Document ~ ~ ~~.~-r> Page 1 of 1 r ~ ~ ,~ . ,. ,. Y ~, ~ ;~ - ,, .. ,, - STEP 7: POPULATION POPt31ATtON ofyour community: 50,000 to 99,999 F STEP 2: TOTAL EXPENSES (optional) Your Organization's TOTAL EXPENSES (please do not use commas): ~ 43$32 STEP 3: TOTAL ATTENAANCIE {optional) TOTAL ATTENr1ANCi= to your organization's arts events (again, do not use commas): 85000 calculate reset NonprofitAflsandCulture $1,925,25© 50.8 $780,968 $76,471 $$9,626 Audiences: Total Industry impact: $1 869,082 52.2 $809,781 $77,$66 $91,327 (1"he Sum of Or~enizations and Audiences) ~ Print Your results Please sae the fine rln below. ~efinltlotat7 ... .. ~: ~ *.r^~"r 1"ota} i:xpenditures: T#~e 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 FTI= Jabs: The total num}aer of full-time equivalent {FTE) jobs in your community that are supported by the expenditures made by your arts and culture organization and/or Its audiences. An F'f-B can be ono fuil- time employee, two half-time employees, four employees whn work quarter-time, etc. Back to Calculator Household Income: The total dollars paid to community residents as a result of thv expenditures made by your arts and culture organization andlar its audiences. Household Income includes salaries, wages, and proprietary income. Hack ke 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/ar its audiences. Back to Calculator When using estimates derived from this calculator, always keep the folirnving caveats In mind; {1j the results of this analysis are teased upon the averages of simltar{y populated communities, {2) inpuVoutput modals were customized for esoh of these similarly populated communtEles, providing very spectfkc emplnyrrrent, household income, and government revenue data, and {3) your results era therefore estimates, and should not be used as a substitute for conducting an ecanomtc Impact study that is customized for yous community. ©Copyright 20(37 by Americans for the Arts. yyww.ArnerirznsFnrTheArts.or~t http:/lwww.americi~tsforthearts.orgl~fortnation seraiceslresearcki~fservicesleeonamic itnpact/ae.,. 10/19/2010 Nonprofit Arts and Culture $43,832 1.4 $28,823 $1,495 $1,707 Organizations: October 11, 2011 Mayor and City Commission City of Delray Beach l0f} N1N 1st Avenue. Delray .Ereach, FL 334}4 Dear Mayor and Commissioners.: The Delray Affair, celebrating its 49tH ariniversai'y in 2011, is scheduled for April 15., .16 & 17, 2011 and we would like to request. your support once again. We are very proud of the excellent reputation the event has earned..pve.r the last 49 years and we attribute a part of the success'to the great relationship we have with the City of Delray i3each. At a meeting with Bern Ryan, Director of Operations, you were informed that we were unable to secute/guarantee use of Atlantic Plaza this year. This has challenged us to do a new site plan far review and consideration. Please consider approval of the following Delray Affair iterns:: 1. Endorsement by the City Commission as a City supported event, 2. Use of City parking facilities at Veterans Park, the City lot behind Hand's, and lot adjacent to. Mellow Mushroom Restaurant on Federal i-lighway northbound 3ust south of Atlantic Avenue for sppnsar and vendor parking; 3. Use of all area within Worthing Park, Veteran's Park, Old School Square Park and the exterior grounds of Old School Square; 4. Street closures: -Atlantic Avenue from NW 1St Avenue east to intracoasta! -Atlantic Ave.fram NW/SV11 1~ Avenue to Aa(m Square -NE 1~ Avenue north to alley -5E 2"~ Avenue from Atlantic.south to just past Worthing Park -NE 2°~ Avenue from Atlantic to NE 1~t Street -NE 4th Avenue from Atlantic Ave~ar`e /vest alley way rSE 4th Avenue from Atlantic Ave ~o f+li= i~t Street -Swinton from Atlantic Ave north to NE 1St Street -Block access to Atlantic Avenue from each side street in this area from alley to -alley -Suspension of parking time restrictions (April 15 - 27, 2011 in entire downtown} Natives on light poles Wed April 7, ~(1~0 as.a notice concerning ~a~rv3ng 5. Provide City staff support with representation-from Police, Fire, Streets, Engineering, Fleet and Facility Maintenance, Comrrrunity improvement, Parks & Recreation; and City Managers Affce for planning and operation services; 5. Aifow this to be the only Commission approved event during the befray Ati`a1r time frame. Atlaw ail permits 'to be assigned. by the Chamber of Commerce only, with the exception of the Special Event Parking Lot Concessions, 7. Permission to erect signs promoting the event from April 1 thra.ugh :April 17, 2011; 8. Permission to .erect overhead banners within the conFnes of the Defray A~alr site; 9. Noise and alcohol waiver {Request fetter attached). Greater Delray Beach Chamber of Commerce, Inc. bA Gity.Req Ltr 2014.dnc 64::-A S_E. Fifth Avenue, Delray Beach, Florida 33483-53E12 5&1-278-E1424 • Fax 561-27$-0555 • chamber@delraybeach.com CIzr~mber AccYedited icy ~r~ited Stafe~ Chur~ber of Commerce DEt pAY BEACH a~.~ae j We sincerely appreciake ail of the efforts of the City employees and [oak forward ko a greak Delray Affair in 20iJ.. UVe hope each of you will be a part of khe feskivikies, Slncereiy, ~fcr3cc f ~.x-frc~ccE~-~ ~`1~L'~~K.~ iVancy Skewart-Franczak pirecr:or of Special Events Greater beiray Beach Chamber of Cornrnerce Cc, Robert Bardnski bR City Fteq t.tr 2011,dae MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 30, 2010 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF DECEMBER 7, 2010 SPECIAL EVENT REQUEST/49TH ANNUAL DELRAY AFFAIR ITEM BEFORE COMMISSION City Commission is requested to endorse the 49th Annual Delray Affair to be held April 15-17, 2011, to grant a temporary use permit per LDR's Section 2.4.6 (F) for use of City property and rights-of-way as requested, to provide staff support as outlined in the attached letter and permit, to allow event banners to be hung within the site area and event signage to be put up fourteen (14) days prior to the event, to provide trash boxes and use of City generator, to allow all vendor permits to be assigned and approved by the Chamber of Commerce, to allow this to be the only event held on these dates in the City, and to allow banners to be hung within event areas. The event producer is also requesting road closures at 4:00 a.m., on Friday, April 15, 2011 and closure of NE 1st Avenue from Atlantic Avenue to the alley north of Atlantic Avenue on Thursday, April 14, 2011 at 9:00 a.m. The event producer is also requesting waiver of parking time restrictions in the downtown area during the event dates. BACKGROUND Attached is a letter and event permit received from Nancy Stewart for this year's Delray Affair. Also attached are a basic site plan, budget and economic calculator. Staff has reviewed the attached request from the Chamber of Commerce for the Delray Affair. We support the request with the following conditions: 1. Allow banners to be placed within confines of the event site as may be approved by the Community Improvement Director, as well as event signage per LDR's Section 4.6.7(F) (3)(f) and (g). 2. Receipt of a Certificate of Event Liability and Alcohol Liability Insurance by Apri13, 2011. 3. Alcohol sales must be contained in a beer garden with security. 4. Not allow vendor parking in Veterans Park as requested due to business needs. Estimated overtime cost for this event is approximately $44,400; barricade rental is approximately $2,560 and trash box cost $1,050. Per event polices and procedures the Chamber of Commerce would be required to pay approximately $36,910 for City costs. RECOMMENDATION Staff recommends approval of the special event permit, street closures as requested, use of City parking lots as requested for vendor and sponsor parking except Veterans Park lot, staff support for this event and allow this to be the only event held on these dates, contingent on the above listed conditions of approval. City of DeXray Beach ~~` ';~ ~`~`-'~ Special .Event Permit .: Application ~ 6 ~ '?; ;r,. ~ .~; ~ PLEASE TYPE C1R PRhNT r _;_~~ , EventName/Title: 49t~ Annual. Delray Affalr Event Date(s): _April 14, 2011 Times: 9 am (Close NE 15t Ave fo alley) April 15, 2011 Times: 4.am (Close ail other streets] April 15, 201.1 Times: 10 am -- 7 pm _Apri116, 2011 10 am -- 7 pcu _April 17, 2Q11 10 am- S pm Requesting street closure:' yes X nci (lf yes, need tuneldate for closure and reopening) (Tlxursrlay, April 1'4, 20.17 -Sam} -NE 1 S` Avenue Werth fio alley (Friday, April 7S, 2a17 -- 4am - S`u~rlay, Apra 17, 200I - 9pm) -Atlantic.Ayenue from NW lst Avenue east to Intracoastal -Atlantic Ave from NW1SW 'IS` Avenue to Palm Square. -SE 2"~ Avenue from. Atlantic sautlx to just past Worthing Park -NE 2~a Avenue fr© Atlantic to NE Ise S eet ' -NE 4~ Avenue fra.m Atlantic AvSe t~ s~ st a~lcy way ~¢~* fi ,; -SE.4. -Avenue foam. Atlantic Ave ~to~E 1 Street ~ -Swinton front Atlantic Av'e north to NE .1 S` Street -Block access to Atlaxztie Avenue from.. each side street in this area from. alley to alley Event SpansarfProducer: Greater Deliray.Deach Chataber of Corrnmerce .Event ContactfCaardinatar: Nand Stewart-Franczak Nazxi:c: Nancy Stewart-Franczak Address: G4B ~E 5~b Avenue, Delray Beach, FL 334$3 Telephone Number: 561-279-0907' Cellular Number: 561-703-7028 E-mail Address: naa~cy@avenuecreative:corn Event:Description/Purpase: Fine arts and crafts festival,• 49`~ annual,-city and chamber si~atetre evexit, majarfuWd-raiser far Chamber of commerce Brief History of Event (lf applicable): 49 years old this year, bean ari~inally as Gladiola Festival: lamest street festival in Delray1attractiul;particit~arits frarm all over I;TS; all hand-crafted/original art Planned Activities (Outline of activities/nuxrzber of activities, i.e, entertainment, children's rides, games, other pxograxns}; '750+ booths, food and bevera€~e vendors, Number aflndividuals Served Previous Year (if applicable}: 300 000+ Describe the targeted population anal expected attendance; Prinxaril~+.from. Tri-County area particiuants,~ over 300 004 attendees Describe ham the program or project addresses camrnunity needs: Economic .engine f©r downtown businesses and restaurants, drives tragic to downtown businesses and hotels Describe your Markeking/Promotitrns Program (How will you arket/promote, i:e. TV, radio, posters, flyers, web sites, other}: Street banners and street si~na~e, TV fFOX-~9), Radio (Clear Channel Broadcastin>~: 98.'7 - Gator, I05.5 KOQL, 95.5 - W~LD,1290 WJNO}, Newspapers (Past & Sentinel, Tradewinds~, Ma~az>Enes (Atlantic Ave-and Baca Magazines, Posters, Elvers, Web exposure. email blasts, cable Sponsor Category (please check) City ~ Non-Prof tlCharitable X Private r~ ~~ Co-Sponsor-Non-ProfitlPr~vate ~ (If 1Van profat attach proof of 5U1 c(3J, .c(4), c~G), C{~ fl), ar c(I9) or (d) Event Location (Describe area boundaries of eventllocation}: Central Business District -.NW Isr Ave to Intracoastal -Atlantic Avenue from NW l5` Avenue east to Intracoastal -Atlantic Ave fz'oxl~ NW'/SW 151 Avenu+r to Palm Square -NE I5t Avenue north to alley -SE 2"d Avenue from Atlantic south to just past Wart}iing Park -NE 2"~ Avenue -from Atlantic to NE 15' S t =NE 4 Avenue from Atlantic Av ~a~`°eastlst'a tley wayr ,;,~~~~ ~, „-S~ 4 Avenue from Atlantle Ave ~to ~E 1 Street ~ = -Svrinton from Atlantic Ave north to NE l St Street 9 -.Block access to Atlantic .Avenue froYn each side street in this area from alley to. alley Site plan attached: yes X no (Site plan required far entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.} Rental. of OId Sel~ool Square: yes X no, (If yes, .attach. proof of approval) Rental o#'Old School Square Park: yes X xza (If yes, attach proof of rental agreement with Parks & R~ereatian} Private Pxaperty Use: yes X no (If yes, attach letter giving authoxization from pxaperty owner) Event budget attached: yes X np (Required fnr ail events) Previous yeax Revenue/Expense summary attached: yes X no. {Required fax all events} Y:tCEiAMBEROr GC1SvI1v11;12GE11)~L32AY ~FFAlR1D&i.L2AX AFFAIR 2011iCtT1'12011 laA Special F.aent Permit Applica[ian.doc Arts and Economic Irrlpact Calendar attached: yes X (Attached) no Obtained on line at wvvw.ArnericansForTheArts:arg (Required for ail events except Ininar events and SIB Runs) Do you have cash sponsors for the event: yes X no (Indicated an budget) Do you have in-kind sponsors for the event: yes X no (Indicated on budget Serving or selling alcoholic beverages: yes X na (If yes, copy of Cicen.se and utcohal Inability insurance. required two {2) weeks Irrior to event) Event certificate of insurance attached: yes no X (.required twn (2) weeks prier to event naming the City as additic~naL insured, also required for vendors) Playing of amplified music: yes X no (Waiver required) Will there be entertainment: yes X no, (If yes, attached list of Performers and/or D7's} If yes, spansax agxees all entertainrzlent will be family oriented and contain no obscenities: yes X na, Requesting Police assistance: yes X (Plus outsource} no (traffic control/security} Will supplement with private security: yes X no (Ifyes, ~.ee~dpla~rattached) Requesting Emergency Medical assistance: yes X na Requesting street closure: .yes X no (If yes, need time/date for closure and reopening) (Thursday, Aprit 14, 201~~ - ~atn) -NE 1St Avenue north to -alley (Friday, .April 1 S, 24I1- 4am -Sunday, April ~ 7, ~flQl - 9p»t) -Atlantic Avenue from NW 1St Avenue east to:intracaastal -Atlantic Ave from NW1SW 1St Avenue to Palm Square -SE 2°d Avenue from Atlantic south to dust past Worthing Park -NE 2nd Avenue from Atlantic to NE lst Street -NE 4t'' Avenue frolin Atlantic Ave toe t/wt:st alley way -SE 4~ Avenue from Atlantic Ave ; ~ to ~'E l st Street -Swinton froze Atlantic Ave north. to 1VE l't Street -Block access to Atlantic Avenue from each side street in this area from alley to alley P.equesting barricade assistance: yes X no, (lf na, haw are you handling?} Requesting trash reovallclean up assistance: yes X no (WiII be billed to sponsor} Y:tCH€~MSER QF GONItv1ERGEITJ.,RAY AFFATiL1E78LItAY AFFAIR 20] ]1CITY12U 1 ] flA Special went Permit Appl'scatior€.doe Requesting trash boxes/containers and liners: yes ~ no Requesting stage use: yes no~ (I. f Yes, clteck tj'pe) Large stage (14' x 35') ^ Small stage (16' x 21') ~ Half small stage (S' x 21') ^ Requesting signage: yes X na Type: 4'x~l'Event sign- X Parking Signs X Banner hazrging X Indicate dRtes required Anril 1-17, 2011 (T~i'triver required if snore than nne (I) week prior to event) Requesting City Portable Generator: yes X no (lf yes, size & power) -Largest Rvailalcle Foal and beverage vendors: yes X no If yes, approximate u~rnUer G5 (Health I}epar~cnent approval required) yes X na ~thet vendors: yes X na (Indicate type) Time Rrts, crafts. Business nRrticipants Tents: yes X no If yes, Haw nr~crty 750 N'ltrrt size or size re~rrired 10' x ~0' (If yes, tetrt permits trnd, fire inspectlorts rnrry be rteeded) Will the event include amusement rides: yes X no (If yes, type rrnd dnerrtion rrtid copy of liabifity irrsur ante ret~uired, nlsa regrtires state Idcertse trod irtspectinn.) Will the event be gated: yes no X (S'how ocr site nttrp) Will there be a charge .1"ar the event: yes no X (If yes, irtdlctrte ticket pra'ces) Will these be fireworks or other pyrotechnics: yes no X (If yes, corttrtct Fire Marsherd to obtain antd complete permit applicrrtlon) Will there be cookizag with compressed gas: yes X no (If yes, enntact Fire Marshnl for inspections) Will you be providing port-a-lets far the event: yes X no (Xf yes, locate nr:-rite map. If rro, iutdicrrte !t©tv yorr yvidl hrrr:dle restraorrr creeds) Is reserved parking requested; yes X no (If yes, indicate locations and prtrpose far user Event Permit Attachments: X RevenuelExpenseBndget X RevenuelExpense Recap Last Years Event 7+~ Site Plan. Y:ICI-iAMnER OF C©MMERCEIi)ELItAY AFFAIRU]Ei.RAY AFFAtit 20111C37'Y12U11 DA Special Event Permit Appfieation.doe ~ Letter Requesting Noise Ordinance Waiver ~ Letter Requesting Waiver Consumption Alcohol Beverages X Proof ofNon-Profit Stains to come General Liability Tnsurattce Certii'icate to come_Alcohol Beverage Liability Certificate X Proof of Rental Agreement or Authorization Letter from Private Prope~•ty Owner X Hold Harmless Agreement Submittal Date Requirements: • Mi;nar Event 45 days priox to event intermediate Event 9D days prior to event • Major Event 120 days prior to event • Ne/igh~b~o~rhood Block Party 30 days prior to eveni event CantractoirlCoardinatar Date Please print: /U 5~ftuaYc.~ ~~%rLC.r~tc zt,~c. Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1St Avenue, Delray Beach, Florida 33444. Required with permit application. For strr, ff use only Date Received ~~!/ fir/ ~ Application fee received $ ~ ~ ~ Y:IC}IAIvII3ER QF COIviI,dI;RCEIUEI,RAY AFFAItZ11~ELRA1 AFFAIR 2Q1 t1CITY120! 7 DA Special Event Penult Appiir~lion.doe 2Q~.1 DElRAY ~I~f/~-IR PROPOSED BUDGET (2010 A ctual} Ads, Marketing & Signage-Events 6101 $ 17,287.69 $ 23,646.94 I Awards &Recognitions-Events 6105 $ 4,875.00 Contract Services 6110 $ 19,851.00 $ 19,988.95 Equiprrient Rentai /Lease 6125 $ 9,068.92 $ ~ 8,608.50 Venue Expense - 6131 $ 3,Q95.63 $ 3,095.63 Hospitality Suite Expense _ 6135 $ 523.24 ~ $ 1,825.67 Artists & Contractor Amenities 6136 $ 1,932.27 $ 209.70 Misc. Expense -Events 6141 $ 990.03 $ 559.53 Printing Expense -Events 6151 $ 180.19 Sales Expense -Beverage 6155 $ 9,266.09 $ 5,694.44 Sales Expense -Merchandise _ 61.61 $ 1,912.00 Supplies Purchased_Events 6171. $ 1,372.95 $ 588.70 Trade Out Expenses 6180 $ 541.00 $ 1,249.25 -~ - - 'iOTAL E}IPEfV5ES $ 12'3,967.67 $ 18{1,647.35 $ 5,610.0? ~ ~ OVER / UN©ER BUDGET ( $ 191,1x3.7.8 ~ $ 337,620.09 ~P 30 •33 37 d3 3Y 3f ~4 3~ ~ ~= ~ - - -':r i€. _~~,,~ 3g ,. rc~~ 1fG rfq 'f3 ~ 'ff a 3s '' {~ swc - - f _:. ~.. .__, 6s~ ~ ~~ y {d ~ 6 ~r fr.~SF ~l a 'i i 5;i-ti J ~ ^• .C ' s!~ tfY DIY S4 S! • ~ +,r3 ,~ !F =r 7~{ g 31 1 s ~y~c 4 a~~ -d~ ~,5~#; x- ~,~~ } 2S ~ 6~. +a! rA 5'# SY s~ SG ~` ~ ~ ~ r?,,~ w~~~r.,~4~ f . ~~i~ ~ ~,~ ~ f [2 Yx,c r f T~,~~3 ~6 1Siy ~ k1~~,v K ~ -' ~ (~ • ' s t ~s tl 7 llk~~.'~ r - ray?.. ~y J~_ ~d ~y, ~~ ~~ jb ~ ~`I rct• ~ i, ..512}q a~~t'~ '' ~~~`,[,'z3 9~ ~ • 1 ~4S lr/d1`]lgK Vl{ F - , ~._ ='i'ii ,•f,r• - 1` ~~ ~~ vw+:?Y ix»sY 7rr ~0.vltf• ISyJ _ ~~' ~`: ~•~`Y7:' s_'1 ITRIWKri~iNiWiY ~+ ~ 3 ~«tiy - ._ ..ten\~~ _~' ~s, ~ ~ •~ a: ar'~~ .t `, "~:a „ara~. t .w raos ° ~' - ~ ~ 1'.2~.-~ is. :r ~;.,,.--,, . , w ~4t 5, „~ ~.~:"':. n~ i'atr ~~ ~\ j~ r•'{>:]1 3{•t iv]]?; y.. 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Untitled Document STEP 1: PpPULATION ~~~~~ +~+~Gc-try l'Ol'ULATION of yavrcommunity: 50,(100 to ss,sss ~° STt`P 2: TOTAL EXPENSES (optional) Your Qrganization's TOTAL EXPENSES (please do nat use commas): $ ~ 7404}(1 STEP 3: 7pTAL ATTENDANCE (optional) TOTAL ATTENDANCE to your organization's arts events (again, do not use commas): 3Q404141 calculate reset Nonprofit Arts and Culture $6,795,000 Audiences; Total industry Impact: $6,969,0410 (rhe Sum of Organizations and Audlenoes) 179.4 $2,756,32# $269,897 $316,3417 184.8 $2,87©,745 $275,832 $323,(184 Prins Your Results Please see the ine rin belnHr. Page 1 of 1 Total Expenditures: Tho 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 por person by arts avant attendees in similarly populated communities. hack to Calculator FTE Jobs: Tho total number of full-time equivalent (FTE) jobs in your community that are supported >?y the expenditures made by your arts and culture organization and/or its audiences. An FTE can be one full- time employee, two half-timo omployees, four employees who work quarter~tlme, etc. Back to Calculator ttousehald Income: 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. Sack to Caicttlator 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 andlor its audiences. Back to Calculator YVhen using estmates derived from this calcutatar, always Beep the following caveats in mind: (4) the results o! this analysis are based upon the averages o€ similarly populated communities, 421 inpuElautput models vrere customized for each of these similarly populated communities, pravlding very specEfic employment, Irousehotd income, and gnuemment revenue data, and (3) your results are therefore estimates, and shautd not be used as a substitute far conducting an economic impact study that is customized faryour community. t~ Copyright 2007 by Americans for the Aris. vnvu~r.ArMericansl=orTheArts.org http:Ilv~ww.amexicansforkhearts.ox~//infvrmativn servicesfresearchlser~rices/ecartomic impactlae... 1O11912(11Q Nonprofit Arts and Culture $~ 74,0410 5.4 $1 ~ 4,421 $5,936 $6,777 Organizations: MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Acting Director of Planning and Zoning THROUGH: City Manager DATE: December 2, 2010 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF DECEMBER 7, 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 15, 2010 through December 3, 2010. BACKGROUND This is the method of informing the City Commission of the land use actions taken by designated Boards which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Planning and Zoning Board Meeting of November 15, 2010 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended approval with conditions (4 to 0, Cary Glickstein, Al Jacquet, and Clifford Durden absent), of a conditional use request to allow United Parking Systems, Inc. to manage and operate the existing SunTrust Bank off-site parking lot located at the southwest corner of East Atlantic Avenue and SE 3rd Avenue as a commercial "for pay" parking lot with utilization by both Bank customers and paying patrons. B. Recommended approval with conditions (4 to 0), of a conditional use request to allow the establishment of a towing service with an outside storage facility for Totterdale Towing, located at 101 NW 18th Avenue (Northeast corner of NW 18th Avenue and Marty Fladell Dr. [N.W. 1st Street]). Site Plan Review and A~earance Board Meeting of November 18, 2010 1. Approved (5 to 0, George Brewer and Roger DeCapito absent), a request for a color change for Coral Cove Apartments, an existing residential development located on the west side of South Ocean Boulevard, south of East Atlantic Avenue (88 South Ocean Boulevard). 2. Approved (5 to 0), a Class I site plan modification associated with the installation of storefront impact glass and double doors for 632 East Atlantic Avenue, an existing commercial building located on the south side of East Atlantic Avenue, between SE 6th Avenue and SE 7th Avenue. 3. Approved with conditions (5 to 0), a Class I site plan modification associated with architectural elevation changes which include construction of a main entry, installation of awnings and a color change for IHOP, located at the northwest corner of South Federal Highway and Linton Boulevard (1560 South Federal Highway). 4. Tabled (5 to 0), a Class I site plan modification for architectural elevation changes associated with the installation of a storefront awning for Excentricities, located at the northeast corner of NE 5th Avenue and NE 1st Street (117 NE 5th Avenue). 5. Approved with conditions (5 to 0), a Class III site plan modification associated with the re- establishment of a day care center known as Little Saints Day Care, located at the southeast corner of NE 2nd Avenue (Seacrest Boulevard) and NE 19th Street (1717 NE 2nd Avenue). 6. Approved with conditions (5 to 0), a Class IV site plan, landscape plan and architectural elevation plan associated with the construction of a 17,610 sq. ft. showroom office addition for Delray Chrysler Jeep Dodge, located on the west side of South Federal Highway, south of Linton Boulevard (2102 South Federal Highway). Historic Preservation Board Meeting of November 17, 2010 7. Approved (6 to 0, Annie Roof absent), an extension request for a Certificate of Appropriateness associated with additions and alterations to a contributing structure, located at 1023 Nassau Street, within the Nassau Park Historic District. 8. Approved (6 to 0), a request for a Certificate of Appropriateness associated with the construction of a single-family residence, and a detached two-car garage located at 338 NE 1st Avenue. Concurrently, the Board approved the following waiver and variance: a). A waiver request to LDR Section 4.51(E)(9)(a), to allow encroachment into the Building Height Plane, reducing the roof slope from 5/12 to 4/12. b). A variance to LDR Section 4.615(G)(1), to allow the construction of a swimming pool 5'9" from the side property line whereas 10' is required. Historic Preservation Board Meeting of December 1, 2010 9. Approved with conditions (5 to 2, Roger Cope and Dan Sloan dissenting), a Class IV site plan and a request for a Certificate of Appropriateness associated with additions and alterations on the front elevation for 32 East Atlantic Avenue, Old School Square Historic District. Concurrently, the Board on a 7 to 0 vote recommended approval of the following waivers: a). A waiver to LDR Section 4.4.13(F)(4), to permit the proposed support columns of the balcony- canopy and entry arch columns to encroach 4' 10" and the attached high top tables to encroach 2' into the front setback, whereas 5' is required. b). A waiver to LDR Section 4.4.13(F)(8), to permit the proposed balcony to encroach 5' into the front setback, whereas 4' is permitted. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map ~~~, CITY COMMISSION MEETING - - - - ~T,~~~~~~~ _ _ _ _ N ',,_ ~ ,' z~ DECEMBER 7, 2010 ~N~~n,~~ i ~ ~ ~ ~ PLANNING AND ZONING u~~~ LQCAT~QN MAP ~F~~ ~ acn~E DEPARTMENT sr~nae: h~~a: 1. CORAL COVE APARTMENTS 4. EXCENTRICITIES ?. 1023 NASSAU STREET 2. ~~~ ~ EAST ATLANTIC AVENUE 5. LITTLE SAINTS DAYCARE ~. 338 NE 1ST AVENUE :3. IHOP 6. DELRAY CHRYSLER JEEP DODGE 9. ~2 EAST ATLANTIC AVENUE -- D/GITA[ BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\12-7-10 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: November 19, 2010 SUBJECT: AGENDA ITEM 8.K.1 -REGULAR COMMISSION MEETING OF DECEMBER 7, 2010 CONTRACT AWARD/MWI CORP. ITEM BEFORE COMMISSION Request to approve an award to MWI Corporation in the amount of $16,237.00 for the rebuild of storm water pump #2 at the Atlantic Avenue Storm Water Pump Station, P/N 2011-055. BACKGROUND During the early part of August 2010, Utilities Maintenance Division responded to several inquiries regarding a malfunction at the Atlantic Avenue Pump Station. Staff removed pump unit #1 and contacted a vendor to pick up the unit and take it to their facility for evaluation. Investigation at the shop revealed the motor shaft assembly had seized up, thereby requiring a rebuild of the pump/impeller. At that time, staff solicited quotes for this work, which resulted in MWI Corp. providing the lowest quote in the amount of $16,237.00, with Hydro Pumps, Inc. second at $39,730.00. On September nth 2010, City Commission approved the award to MWI Corp. During the re-installation of pump unit #1, staff noticed issues with pump unit #2. The station has a total of three pump units which, depending on storm water flow, run alternating cycles or all at once. The unit was removed and an evaluation revealed worn bearings and a crack on the bell assembly. For the same rebuild work as pump #1, MWI Corp. has quoted the same $16,237.00 for pump #2. With parts in stock, the rebuild would take two to three weeks. Staff recommends, award to MWI Corp. in the amount of $16,237 for the rebuild of pump unit #2. The rebuilt unit will have a standard one year warranty. Staff has experienced good performance with MWI pumps; they rebuilt the last pump at this station, as well as pumps at Thomas Street Pump Station in 2008 and Bay Street in 2010. FUNDING SOURCE Funding is available from account #448-5461-538-68.18, Storm Water Utility Fund/Storm Water Pump station Rehab. RECOMMENDATION Staff recommends an award to MWI Corporation in the amount of $16,237.00 for the rebuild of a storm water pump #2 at the Atlantic Avenue Pump Station. i ~ ~ vf~ ~w ~ ~ i, ~ ~' CQRP~RAT1~111 ESTABL~SHEC1 1926 To: City of Delray Beach Da#e: 19 -16-20~ 0 Attention: Mil#on From: Jeff Geyer RE: PUMP REPAIR 24" PUMP #~ We are pleased to quote the following equipment andlar services: Transport pump to and from MWI Repair Replace thrust and lower bearings Replace thrust collar Replace bawl bushing Replace enclosing tube Replace line shaft Replace bronze and lacking nuts Replace all seals, gaskets and related hardware Replace impeller Replace bell and intake Replace all lubrican#s Sand blast and epoxy coat Price: $16,237.D0 *PR1CE DO NOT INCLUDE ANY APPLICABLE TAX'S ~uated price good for 3D days 7775 S.W. 9th ST (Oslo Rd.) Vero Beaoh, FL 32968 Phone: (772)-770.0004 Fax: (772)-T70-1096 See our full product line at: www.mwi~orp.~r~m cell ~~ 1-436-8233 MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: November 30, 2010 SUBJECT: AGENDA ITEM 8.K.2 -REGULAR COMMISSION MEETING OF DECEMBER 7, 2010 PURCHASE AWARD/ SPRINGFIELD ARMORY ITEM BEFORE COMMISSION The Police Department requests approval to purchase twenty-two (22) Springfield TRP .45 ACP caliber handguns from Springfield Armory for $28,630.36. BACKGROUND Over the past year, several S.W.A.T. Officers completed a testing and evaluation period for the Springfield Armory 1911 .45 caliber handgun to assess its possible usefulness in S.W.A.T. incidents. Memos from these officers are attached and detail the extensive nature of this process. A summary of their conclusions is provided below: Safety: An innovative safety feature is built in. It prevents accidental discharges and provides an officer additional time to react should an adversary acquire the weapon. Reliability: These weapons have a full metal frame that minimizes wear and tear from holstering and unholstering during training and on-duty situations. Improved accuracy: Situations such as hostage rescue, warrant service, and dignitary protection require the highest level of accuracy possible. During testing, officers found the 1911 .45 to provide superior accuracy. The S.W.A.T. Team consists of specially trained, sworn police officers who are called together, as needed, to accomplish missions that are above and beyond the capabilities accomplished by ordinary police methods. This team conducts high risk warrants, deals with situations including hostages or barricaded subjects, and other high risk circumstances. As such, their equipment needs are more specialized. The evaluation team concluded that for the typical S.W.A.T. scenario, the Springfield Armory 1911 .45 caliber handgun would be superior to the standard Glock currently issued. Additional equipment such as the necessary holsters, magazines, etc., will be purchased from separate vendors to secure the best pricing. Total cost of this project is expected to be: $35,827.96. FUNDING SOURCE Funding will be provided from the Law Enforcement Trust Fund, account # 112-2172-521-64.90. RECOMMENDATION The Police Department recommends approval. m.... ,. . U ... _~. u ~~ ~ ~~' n "r ,~ ~~ ~ ._ , ~~~ ~ ,: .. I' !~ ~,e. 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MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: December 1, 2010 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF DECEMBER 7, 2010 CONDITIONAL USE REQUEST/TOTTERDALE TOWING SERVICES ITEM BEFORE COMMISSION Consideration of a conditional use request to establish Totterdale Towing Service with Outside Storage facility on a vacant parcel located at the N.E. corner of N.W. 18th Avenue and Marty Fladell Dr. [N.W. 1st Street]pursuant to LDR Section 2.45(E). Under LDR Section 4.4.19 (D)(2)(f), the use is allowed as a conditional use in the MIC (Mixed Industrial and Commercial) district, and thus, requires conditional use approval. BACKGROUND The proposal involves a 2.65 acre site in Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida. The site was last occupied by Genco Auto Salvage, anon-conforming use, automobile salvage/junk yard with a 4.716 sq. ft. auto repair service center building which vacated the site prior to February, 2009. It appears that the site was also temporarily used by an adjacent roofing company for overflow parking. The applicant is seeking conditional use approval pursuant LDR Section 4.4.19 (D) (2)(f) to allow the installation of Totterdale Towing Service with an Outside Storage facility. REVIEW BY OTHERS On November 15, 2010, the Planning and Zoning Board voted 4-0 to recommend approval with conditions as stated in the attached original Planning and Zoning Board staff report, dated November 15, 2010. RECOMMENDATION Approve the Conditional Use request to establish a towing service to be known as Totterdale Towing Service with an Outside Storage facility, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Land Development Regulations, Section 2.4.5(E)(5), Section 4.4.19 (D)(2)(f), and Chapter 3 (Consistency) of the Land Development Regulations, subject to the following conditions: 1. That a site plan modification be processed to accommodate all LDR conditions identified in the Planning and Zoning Board staff report. These include but are not limited to: -Parking lot details including but not limited to appropriate landscape islands, required wheel stops, and dimension of parking spaces, drive aisles, dead end turnaround areas, etc. -Provision of a landscape plan; -Provision of required open space and submittal of a sketch showing all areas so delineated; -Dumpster details; -Internal sidewalk connections; -Provision of external sidewalks or the granting of appropriate relief; -Provision of total capacity of industrial storage areas based on 9' x 18' parking stall dimensions; -Dedication of right-of-way for Marty Fladell Dr. [NW 1st Street] and NW 18th Avenue. 2. That the use be subject to the following parameters: -That the site shall not exceed 200 stored vehicles at any one time; -That all vehicles shall be parked in a conventional manner and not be stacked; -No vehicles shall be stored on site for longer than 90 days except as required by law for vehicles being stored longer than 90 days (this will exclude vehicles necessary to run the business); 3. That the existing office building associated with the towing service receive Site Plan Review and Appearance Board (SPRAB) approval with regard to architectural elevations. 4. That a Hold Harmless agreement shall be required if any landscape material is planted on the public right-of-way along Marty Fladell Drive and NW 18th Avenue. The Hold Harmless agreement with the City of Delray Beach must be executed before Site Plan certification. 5. The removal of the reference to a future building as no details or review of such a building for compliance has been undertaken as part of this review. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR TOTTERDALE TOWING SERVICE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on December 7, 2010. The conditional use request is to establish a Towing Service at 101 NW 18t" Avenue with outside storage within the MIC (Mixed Industrial Commercial District). 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the conditional use request of Totterdale Towing Service. All of the evidence is a part of the record in this case. Required findings are made in Sections I and II below. COMPREHENSIVE PLAN A. Future Land Use Map: The subject property has a CMR (Commerce) Future Land Use Map (PLUM) designation and is zoned MIC (Mixed Industrial and Commercial). The MIC zoning is consistent with the CMR land use designation. The proposal is to establish the Totterdale Towing Service with outside storage facility. Pursuant to LDR Section 4.4.19(D)(2)(f), within the MIC zone district towing services, with outside storage is listed as a conditional use in the MIC district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Are the requirements of the Future Land Use Map met? Yes No B. Concurrence: Objective B-2 of the Land Use Element of the Comprehensive Plan requires that development not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements. Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? 1 Yes No C. Consistency: A finding of overall consistency must be made with regard to the following: 1. Future Land Use Objective A-1. Property shall be developed or 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. 2. Future Land Use Element - Policy A.2.3. Development of remaining vacant properties shall occur in a manner which is consistent with and complementary to adjacent development regardless of zoning designations. This policy shall be implemented through the review process associated with platting and site plans. Are the consistency requirements met such that the proposed project is complementary to and compatible with adjacent land uses and the beneficial aspects of the project outweigh the negative impact of identified points of conflict? Yes No II. LDR REQUIREMENTS A. Section 2.4.5(E)(5) requires certain findings: The conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No B. Pursuant to Section 4.4.19(D)(2)(f), towing services is allowed as a conditional use in the MIC Zoning District subject to the following requirements: 1. LDR Section 4.6.9 (Parking): Pursuant to Section 4.6.9(C)(5)(a), general industrial uses shall provide parking at the rate of 3 spaces per 1,000 sq. ft. of gross floor area devoted to such uses. In addition, one (1) space shall be provided for each 1,000 sq. ft. of 2 gross floor area devoted to inside storage and warehouse use. No floor area is proposed for storage and warehouse use, and thus, the required parking for the subject property is 14 parking spaces (4,716 x 3/1,000 = 14.1) and 23 spaces are being provided. Has this requirement been met? Yes No 2. Handicap Accessible Parking: 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 requires 1 ADA compliant space per 25 spaces up to the first 100 spaces plus an additional space per each 50 spaces up to 200. The existing development currently provides 23 regular parking spaces with 1 handicap parking space. Has this requirement been met? Yes No 3. LDR Section 4.3.4(K) -Development Standards Matrix: Re uired: Provide Building Setbacks (min.): Front (South) 25' S8' Rear (East) 10' 10' Side Street (West) 25' 200' Side interior(North) 10' 215' Building Height: 35' N/A Open Space: ~ 25% ~ 26.09% Have these requirements been met? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use application 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 3 in the record including but not limited to the staff reports and testimony of witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the conditional use application subject to the conditions attached hereto in Exhibit "A" and hereby adopts this Order this 7th day of December 2010, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 4 EXHIBIT "A" Conditions Related to Totterdale Towing Conditional Use 1. That a site plan modification be processed to accommodate all LDR conditions identified in this report. These include but are not limited to: ^ Parking lot details including but not limited to appropriate landscape islands, required wheel stops, and dimension of parking spaces, drive aisles, dead end turnaround areas, etc. ^ Provision of a landscape plan; ^ Provision of required open space and submittal of a sketch showing all areas so delineated; ^ Dumpster details; ^ Internal sidewalk connections; ^ Provision of external sidewalks or the granting of appropriate relief; ^ Provision of total capacity of industrial storage areas based on 9' x 18' dimensions; ^ Dedication of right-of-way for NW 1St Street and NW 18t" Avenue 2. That the use be subject to the following parameters: ^ That the site shall not exceed 200 stored vehicles at any one time; ^ That all vehicles shall be parked in a conventional manner and not be stacked; ^ No vehicles shall be stored on site for longer than 90 days except as required by law for vehicles stored longer than 90 days (this will exclude vehicles necessary to run the business); ^ That there shall be no sale or harvesting of parts to or by the general public; 3. That the existing office building associated with the towing service receive Site Plan Review and Appearance Board (SPRAB) approval with regard to architectural elevations. 4. That a Hold Harmless agreement shall be required if any landscape material is planted on the public right-of-way along NW 1St Street and NW 18t" Avenue. The Hold Harmless agreement must be signed with the City of Delray Beach before Site Plan certification. 5. The removal of the reference to a (20,000) future building as no details or review for compliance has been undertaken as part of this review. 1 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 15, 2D10 AGENDA ITEM: lv.B• ITEM. Conditional use request to establish Totterdale Towing Service with outside vehicle storage, which will include a 4,716 sq. ft. attendant building, and 23 parking spaces. The property is located at 101 NW 1$~h Avenue (N.E=. corner of IV.W. 1$th Avenue and Marley Fladell Dr. [N.W. 1st Street]). GENERAL DATA: Applicant ............................ Lawrence Danielle Agent ........................................ Michael Manes Location .................................... 1D1 NW 18t~' Avenue. Property 2.65 Acres Size ............................. Future Land Use Map ............. CMR {Industrial) Current Zoning .......................... MIC (Mixed Industrial and Commercial) Adjacent Zoning........North: MIC (Mixed Industrial and Commercial) East: MIC (Mixed Industrial and Commercial) South: MIC (Mixed Industrial and Commercial) West: MIC (Mixed Industrial and Commercial) Existing Land Use ..................... 4,716 sq. ft. auto repair service center building {currently empty) Proposed Land Use .................. Totterdale Towing Service Water Service ........................... The property is currently served by a 8" water main located along NW 18`x' Avenue r-o-w. Sewer Service .......................... Sewer service is currently provided via a service lateral connection to an existing 8" sewer main located along the NW 18h Avenue r-a-w. ~~ ~ ~~, ~ ' ~ ~ ~ l ~~ ¢ ~ ~ ~ ~ aRnc ,~ ---~- ~- :; `; _ ; Nawo x~~E ~~~s ~ 3 ... ; ~ x.w ~ ~ 5T. [ a z. Z 3 //J 9 ° Q ~ MRrstt Fuo ~~.~ Y RDYAL COMM. DELRAY 3 ~ PLAT 2 ~ 1 • A ~ N U~ V LWEVRON ~` ~ N P x , P~~ pqo k ~ r~14~' R HIN1fER ~ ; ~~ MA7EHfALS ~ i W ` ~ 9 ~ S ~ 3_ Z O ~ ~ ~ STOR- } CONDO ttL RH6RES WRY N -- i ITEM Bi=FORE THB BOARD The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish the Totterdale Towing Service with Outside Storage facility, pursuant to LDR Section 4.4.19 {D)(2)(f). The subject property is located at 101 NW 18tH Avenue, (N.E. corner of N.W. 18~n Avenue and Marty Fladell Dr. [N.W. 1st Street)). BACKGROUND -- _ _- -. The proposal involves a 2.65 acre site in Section 18, Township 46 South, Range 43 Bast, Palm Beach County, Florida. The following businesses have operated on the subject property: Delray Beach Auto, Atlantic Savage and Recycling, Cousin's Auto Salvage, Salvage Recovery System, and Genco Auto Salvage. The site was last occupied by Genco Auto Salvage, anon-conforming use, automobile salvageljunk yard with a 4.716 sq. ft. auto repair service center building which vacated the site prior to February, 2009. It appears that the site was also temporarily used by an adjacent roofing company fior overflow parking. A conditional use application has been submitted to establish Totterdale Towing Service with Qutside Storage facility. This use is allowed under LDR Section 4.4.19 {D}(2}(f) as a conditional use which is now befiore the Board for approval. RROJEGT D~SCRIF'TION Pursuant LDR Section 4.4.19{D}(2){f) towing services, with outside storage is allowed as a conditional use in the MIC zoning district. The towing service will occupy the entire 2.85 acres site. The applicant has submi#ted the following narrative to describe the proposed business: "As a tow service, the use will be required to be in operation 24 hours a day, seven days a week. It is anticipated that the service will have 14 employees, consisting of 10 drivers over three shifts, Three clerical workers over three shifts and one supervrsor. The service will have offices with the required parking That currently exists on the property. There is currenfly pending an application far a Class 1 site plan for the necessary waU and landscaping. It is anticipated vehicles will be towed to fhe facility and femporarily stored on site until retrieved by The owner, brought to auction or otherwise disposed of in the normal course of business. The business will not involve The permanenf storage of automobile, processing of automobiles or sale of automobile parts. Vehicles will be stared on The property in the area reflected on The survey submifted with fhis application. Vehicles will be parked in an orderly manner and wil! not be stacked vertically. All storage will be within the interior of the walled parcel and wiI! not be visible in an ordinary manner from the exterior of the parcel. Setbacks of The outdoor storage area will be in accordance with code. Outdoor storage will be primarily toward the back of fhe lot adjacent to the improvements and indoor storage for police impounds and other purposes will be wifhin fhe current improvements". Planning and Zoning Board Staff Report: Meeting November 15, 2010 Totterdale Towing Service with Outside Vehicle Storage The towing service and outside storage facility use requires conditional use approval pursuant to LDR Section 4.4.19 (D)(2)(f). CONDITIONAL'USE ANALYSIS REQUIRED FINDINGS: f Chapter 31: Pursuant to LDR Section 3.1.1 [Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation]. The subject property has a CMR (Commerce) Future Land Use Map (PLUM} designation and is zoned MIC (Mixed Industrial and Commercial). The MIC zoning is consistent with the CMR land use designation. The proposal is to establish the Totterdale Towing Service wifh Outside Storage facility. Pursuant to the LDR Section 4.4.19(D)(2)(f), within the MIC zone district towing services, with outside storage is listed as a conditional use in the MIC district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The development proposal is for the establishment of a towing service, with outside storage. The conversion of the property to a towing services, with outside storage facility will not have a negative impact with respect to concurrency as it relates to traffic, parks and recreation, solid waste, drainage or schools. Water and Sewer: • Water service is provided to the site via an existing $" water main along NW 18tH Avenue. • Sewer service is provided to the site via an existing 8" sewer main along NW 18tH Avenue.. • Adequate fire suppression is provided to the site via an existing fire hydrant on the adjacent property to the north along the east side of NW 18tH Avenue. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. The establishment of a towing service, with outside storage will not increase the demand on water and sewer. Based on the above a positive finding can be made with respect to these level of services standards. 2 Planning and Zoning Board Staff Report: Meeting November 15, 2010 Totterdale Towing Service with Outside Vehicle Storage Traffic The subject property is zoned MIC {Mixed Industrial and Commercial) and is located on the N.E. corner of N.W. 18t~' Avenue and Marty Fladell Dr. [N.W. 1st Street]. The site in question is an overall 2.65 acre which was last occupied by Genco Auto Salvage, anon-conforming use, automobile salvage/junk yard with a 4,716 sq. ft. auto repair service center building. This use vacated the site prior to February, 2009 The trip generated by the proposed towing services, with outside storage facility will be 167 Average Daily Trips (2.65 acres X 63.11 trip generation rate per acre = 167 weekday trips}. This means that 167 trips will be added to the local road network by this use. Pursuant to LDR Section 2.4.3(D)(8} when an application to accommodate a new use increases traffic by less than 201 trips per day, a traffic study will not be required. This traffic impact on the adjacent network road can be considered very minor and will meet traffic standards of the Palm Beach County Traffic Division. Parks: Parks dedications do not apply to nonresidential developments. Solid Waste: Expected solid waste generation for the proposed towing service is 12.26 tons (4,716 x 5.2 = 24,523 pounds 1 2,000 pounds = 12.26 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021, thus a positive finding with respect to this level of service standard can be made. The proposed use will not have an impact on the City's ability to provide adequate levels of service {i.e. water, sewer, drainage, traffic, and solid waste). Based upon the above, a positive finding can be made with respect to concurrency. CONSISTENCY: Compliance with performance standards set -forth in Chapter 3 and required findings in Section 2A.5(E)(5] for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective and policy were found. Obiective A-7 Property shall be developed or 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 goads and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. 1suture Land Use Element -Policy A.2.3T Development of remaining vacant properties shall occur in a manner which is consistent with and complementary to adjacent development regardless of zoning designations. This policy shall be implemented through the review process associated with platting and site plans. 3 Planning and Zoning Board Staff Report: Meeting November 15, 2010 Totterdale Towing Service with Outside Vehicle Storage In order to screen the storage of outside vehicles the applicant will provide a 10' setback along NW 18~h Avenue and a 15' set back along NW 15t Street. A 6' high precast concrete wall will be provided along the perimeter of the west and south property lines with abundant landscape material planted within the setbacks. The landscape material will include 20 Crape Myrtle trees planted 25' OC, a continuous Jamaican Caper hedge, and under planting of Floratam grass. These improvements will create a positive fagade that is complementary to adjacent developments as required in Objective A-1, and Future Land Use Element -Policy A-2.3 of the City's Comprehensive Plan. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4,5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental a#fec# upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopmen# of nearby properties. The following zoning designations and uses abut the subject property: Zonin Desi nation: Use: North: Mixed Industrial and Commercial MIC Warehouse & Distribution South: Mixed Industrial and Commercial (MIC) Warehouse & Distribution & A Light Manufacturing Processin Plant East: Mixed Industrial and Commercial (MIC) CSX Railroad Track, City of Delray Terminal, and Vacant Land West: Mixed Industrial and Commercial (MIC) Zuccala Warehouse & Distribution and McDonald Warehouse-Office The proposed towing services, with outside storage facility will be compatible with the existing industrial uses to the north, south, west, and east. To mitigate any potential impact of the outside storage of vehicles on the neighborhood the applicant will provided a 6' high precast concrete wall along the perimeter of the west and south property lines with abundant landscape material planted within the setbacks. The landscape material will include 20 Crape Myrtle trees planted 25' OC, a continuous Jamaican Caper hedge, and under planting of Floratam grass. To assure that the use does not revert back nor create junk yard type impacts, additional conditions of approval need to be applied to this conditional use. These would relate to a limit on the maximum number of cars on site at any one time, requirements that vehicles remain in a single stacked condition, establishing a maximum length of stay for any individual vehicle, and prohibitions on sale or harvesting of parts to or by the public. The following specific conditions are recommended and are attached as conditions of approval of this conditional use request: 4 Planning and Zoning Board Staff Report: Meeting November 15, 2010 Totterdale Towing Service with Outside Vehicle Storage 1. That the site shall not exceed 200 stared vehicles at any one time; 2. That all vehicles shat[ be parked in a conventional manner and not be stacked; 3. No vehicles shall be stored on site for longer than 90 days (this will exclude vehicles necessary to run the business}; 4. That there shall be no sale or harvesting of parts to or by the general public; The total number of vehicles has been de#ermined by dividing the area designated for storage by a standard parking space dimension 9' x 18'. This total is generous as the area designated for outside storage is likely to be reduced when the required open space (vegetated areas) ofi a minimum of 25% is delineated on the related site plan. If these conditions are met it is not anticipated that the development proposal will have a detrimental effect on the area, nor will it hinder development or redevelopment of nearby properties. Based on the above, a positive finding can be made with respect to LDR Section 2.4.5(E)(5). 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. LDR Section 4.6.9 (Parking): Pursuant to Section 4,6.9(C)(5)(a), general industrial uses shall provide parking at the rate of 3 spaces per 1,000 sq. ft. of gross floor area devoted to such uses. In addition, 1 space shall be provided for each 1,000 sq. ft. of gross floor area devoted to inside storage and warehouse use. No floor area is proposed for storage and warehouse use, and thus, the required parking for the subject property is 14 parking spaces. (4,716x311,000 = 14.1) while 23 spaces are being provided, and thus, this LDR requirement has been met. It is noted that pursuant to LDR Section 4.6.16{H){3)(i), the landscape islands which contain a minimum of seventy-five (75} square feet of plantable area, with a minimum dimension of five (5} feet and eighteen (18} feet in length, exclusive of the required curb, shall be placed at intervals of no less than one landscaped island for every ten (10} parking spaces. One shade tree or equivalent number of palm trees shall be planted in every interior island. Where approval for the use of compact parking has be approved, islands may be placed at intervals of no less than one (1) island for every thirteen (13) parking spaces. In addition, pursuant to LDR Section 4.6.16{H)(3}(j), each row of parking spaces shall be terminated by landscape islands with dimensions as indicated above. Pursuant to LDR Section 4.6.16(H)(3){i), a site plan must be submitted showing a parking lot configuration meeting the LDR requirements. This will include but not be limited to: the appropriate landscape islands; required wheel stops; proper dimensions for all parking spaces, drive isle, etc. This is attached as a condition of approval. 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. 5 Planning and Zoning Board Staff Repork: Meeting November 15, 2010 Totterdale Towing Service with Outside Vehicle Storage The Florida Accessibility Code for Building Construction and Federal ADA requirements for non- residential commercial properties require a number of parking spaces based on the number of overall spaces provided. In short, the code requires 1 ADA compliant space per 25 spaces up to the first 100 spaces, plus an additional space per each 50 spaces up to 200, etc. The existing development currently provides 23 regular parking spaces with 1 handicap parking spaces, thus this code requirement has been met LDR Section 4.3.4(K] -Development Standards Matrix: The following table indicates that the development proposal meets the requirement of LDR Section 4.3.4(x). 8uildin Setbacks min.: Front {South) 25' S$' Rear (East} 10' 10' Side Street (West) 25' 200' Side interior{North) 10' 215' Building Height: ~ 35' ~ NIA Open Space: ~ 25% ~ 26.09%* ~` This area must be clearly delineated on a site plan and pursuant to the LDR definition is to be areas of natural plant communities. LDR Section 4.6.76 Open space: Pursuant to LDR 4.6.16. a 25% open space area is required fior this type of use. In order to screen the storage of outside vehicles the applicant will provide a 10' setback along NW 18t~' Avenue and a 15' set back along NW 15` Street. A 6' high precast concrete wall will be provided along the perimeter of the west and south property lines with abundant landscape material planted within the setbacks. The landscape material will include 20 Crape Myrtle trees planted 25' OC, a continuous Jamaican Caper hedge, and under planting of Floratam grass. These improvements will create a positive fapade that is complementary to adjacent developments The site data table provided by the applicant indicates that 31,131 sq. ft of open space will be provided which equates to 26.09% of the total site area {115,453 sq. ft. site area131,131 sq. ft. open space = 26.09%). A plan denoting the area that is being counted toward this requirement must be provided. LDR Section 4.6.6[C) [1) Refuse Facilities: Pursuant to LDR Section 4.6.6(C) (1}, dumpsters, recycling containers and similar service areas must be enclosed on three sides and have vision obscuring gates on the fourth side. The proposed refuse area is located to the northwest side of the existing building. The dumpster enclosure must be fully screened and the gates must be vision obscuring. A detail of the dumpster enclosure needs to be provided. LDR Section 4.6,8[~)[311c] Lighting; A photometric plan in compliance with City's average and maximum standards of Illumination Levels and Uniformity for parking areas (LDR Section 4.6.8) has been provided, and thus, this LDR requirement has been met. 6 Planning and Zoning Board Staff Report: Meeting November 15, 2010 Totterdale Towing Service with Outside Vehicle Storage Sidewalk Connection: A safe pedestrian flow between the public parking area and the Towing Service building is imperative. Segregation of traffic between the towing trucks and pedestrian flows are necessary to achieve safety. Therefore, an adequate pedestrian pathlsidewalk connection from the proposed parking area to the main access of the towing service building shall be provided. In addition the bullpen parking area for each vehicle that has been towed and would be parked in what the applicant calls the "transfer area" needs to be depicted on the site plan. The total capacity for towed vehicles needs to be depicted on the site plan as a function. Dead-end Parking Manea~ering Area: Pursuant to LDR Section 4.6.9 {D)(4)(c), dead-end parking bays are discouraged, but when site conditions dictate that there be dead-end parking bays, they shall be designed so that there is a 24' wide by 6' deep maneuvering area at the end of the bay. This maneuvering area shall not encroach upon required landscape areas. The applicant shall revise the proposed dead~end public parking area to comply with the required 24' wide by 6' deep maneuvering area at the end of the bay located along the east side of the parking area. Ri ht-of Wa Dedication: For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions in right-of--way widths or require dedication of additional right-of-way. The subject property abuts NW 1st Street along the south property line. Pursuant to LDR Section 5.3.1(D) (2), additional right-of-way width may be required to promote public safety and welfare; to provide for storm water management; to provide adequate area for street trees; and to ensure adequate access, circulation and parking in high intensity use areas. The DSMG (Design Management Service Group} at its meeting of July 8, 2Q10, requested a 5' right-of- way dedication along NW 1st Street which along with the existing 20' street easement will result in a 25' dedication as part of NW 1st Street right-of-way. In addition, DSMG also required that the existing 30' from centerline ingress and egress easement along NW 18th Avenue be dedicated as part of the right-off way for NW 18th Avenue. This right-of-way dedication shall be depicted on the site plan, landscape plan and engineering plans and shall be executed via a deed agreement between the owner of the property owner and the City. Such agreement must be recorded with Palm Beach County prior to site plan certification, and thus, this is attached as condition of approval. In addition a Hold Harmless agreement will be required if any landscape material is planted on the public right-of--way. The Hold Harmless agreement must be signed with the City of Delray Beach before Site Plan certification is granted, and thus, this is attached as condition of approval. REVIEW BY OTHI~RS The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). 7 Planning and Zoning Board Staff Report: Meeting November 15, 2010 Totterdale Towing Service with Outside Vehicle Storage Public Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: s Neighborhood Advisory Council • Progressive Residents of Delray, (PROD) Letters of objection, if any, will be presented at khe Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION __ The proposed conditional use request involves the establishment of Totterdale Towing Service with Outside Storage Facility within a 2.55 acre-site located at 101 NW 18t" Avenue. Provided the required conditions of approval are addressed, and the use is in compliance with the parameters identified in this report the proposed use will be consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Once the conditions of approval are addressed, positive findings can also be made with respect to Section 2.4.5(E)(5) that it will not have a significantly detrimental effect upon the stability of the neighborhood not will it hinder development or redevelopment of nearby properties. ALTERNATWE ACTIONS 1 A. Continue with direction. B. Move a recommendation of approval of the request for conditional use to establish Totterdale Towing Service with Outside Storage Facility, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.4.19 (D){2)(f), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of khe conditional use request to establish Totterdale Towing Service with Outside Storage Facility, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E=) {5), 4.4.19 {D)(2)(f}., and Chapter 3 of the Land Development Regulations. RECOMMENDED ACTION I Move a recommendation of approval of the conditional use request to establish Totterdale Towing Service with Outside Storage Facility, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Planning and Zoning Board Staff Repork: Meeting November 15, 2010 Totterdale Towing Service with Outside Vehicle Storage the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E}(5}, 4.4.19 (D)(2)(f}, and Chapter 3 of the Land Development Regulations; With said approvals to be subject to the following conditions: That a site plan modification be processed to accommodate all LDR conditions identified in this report. These include but are not limited to: ^ Parking lot details including but not limited to appropriate landscape islands, required wheel stops, and dimension of parking spaces, drive aisles, dead end turnaround areas, etc. ^ Provision of a landscape plan; ^ Provision of required open space and submittal of a sketch showing all areas so delineated; ^ Dempster details; ^ Internal sidewalk connections; ^ Provision of external sidewalks or the granting of appropriate relief; ^ Provision of total capacity of industrial storage areas based on 9' x 18' dimensions; ^ Dedication of right-of-way for NW 1St Street and NW 18th Avenue 2. That the use be subject to the following parameters: • That the site shall not exceed 200 stored vehicles at any one time; ^ That all vehicles shall be parked in a conventional manner and not be stacked; ^ No vehicles shall be stored on site for longer than 90 days except as required by law for vehicles stored longer than 90 days (this will exclude vehicles necessary to run the business); ^ That there shall be no sale or harvesting of parts to or by the general public; 3. That the existing office building associated with the towing service receive Site Plan Review and Appearance Board (SPRAB} approval with regard to architectural elevations. 4. That a Hold Harmless agreement shall be required if any landscape material is planted on the public right-of-way along NW 1St Street and NW 18th Avenue. The Hold Harmless agreement must be signed with the City of Delray Beach befiare Site Plan certification. 5. The removal of the reference to a (20,000} future building as no details or review for compliance has been undertaken as part of this review. 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KEYSTONE CREAT10N5 N.W. 2NC ST MARTY cn ROYAL GOMM. ~ PA w DELRAY ~ PLAT 2 Z C7 z CNE1/RON Q ~ Nv U ~ ~ P pP0 5y-tiE~~' RINKER ~p~ MATERIALS ~° \- i ;,y t. ®~ N SUBJECT PROPERTY TOTTERDALE INDUSTRIAL ' ~ PLANNING AND ZONING LOCATION MAP . rV_ DEPARTMENT -- D!GlTAL 6A5E MAP SYSTEM -- MAP REF: 5:\Plannfng dt Zoning\pBMSMlle-Cub\Z-LM 4001-4500\LM 1205 Tottardaie IndusEriol MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: December 1, 2010 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF DECEMBER 7, 2010 SPECIAL EVENT REQUEST/ CARNEVALE OF DELRAY BEACH ITEM BEFORE COMMISSION Commission is requested to consider approval of a special event permit for a first time event, Carnevale of Delray Beach, an Italian Festival, proposed to be held on the grounds of Old School Square and Old School Square Park on March 25 & 26, 2011 from noon to 11:00 p.m., and March 27, 2011 from noon to 10:00 p.m. The event producer is Joe LaViola, a private promoter, who is also requesting staff assistance for security, trash removal, cleanup assistance, trash boxes and event signage. BACKGROUND Attached is a copy of the Special Event permit, budget, site plan, summary of entertainment and attractions and economic calculator received from Mr. LaViola for this event. Although he did not request EMS assistance, due to the size of the crowds, this will be needed. Other conditions of approval that staff feels should be required are as follows: 1. Receipt of a signed rental agreement with Old School Square by December 31, 2010. 2. Receipt of a signed rental agreement for Old School Square Park by December 31, 2010. 3. Receipt of a non refundable security deposit in the amount of $2,000 by December 31, 2010 since this a new event. Security deposit to be applied to final bill. 4. Receipt of Certificate of Event Liability Insurance, Alcohol Liability Insurance and Hold Harmless Agreement by March 4, 2011. 5. Approval of private security plan by our Police Department. The estimated overtime costs for this event are $14,800, trash boxes $245 and signage $250 for a total estimated cost of $15,295. Per the Event Policies and Procedures, the event producer is required to pay 100% of these costs. RECOMMENDATION Staff recommends consideration of the Special Event permit for the proposed Carnevale of Delray Beach and approval of staff support per the conditions noted above including an on site EMS SERV (Special Events Response Vehicle) Unit. ~~~~~ IIEiRAYeEACH City of Delray Beach ' Special Event Permit ~~~ 24 ~~~~ ~,,.a~cac~r Application A~MINISTRA~iVESEaVICE~ r PLEASE TYPE OR PRINT ~ ~~~ zoos Eve~~t Name/Titl c~...,1 t .-P 1 a. ~•~G Event Date(s): ~~c~ c.~ ~-~ ~.o (j Times: 1 z; v c, - t ('. ~ ~• !~~`j EveutSponsor/P~•oducer: c~ ~2e~.i 11<~~.c{., ~_~rte cz~c~-~~nw.-e4.:~(~.(... ,C Event Contact/Coordinaror: ~-~~~~- e ~u- ~ t c~ Name: `~ v ~,.~~ ~ L~ Address: ~Z2~- 4 ~«.'~C-~ 4-• Telephone Number: -~-- Cell~llar Nuniber:~(, (- c,<c~~ ~c~ / ~ E-mail Address: ~ ~ ~, s c~,~ ~,1.1~ u ~ ~ ~ZV . C rc~ Event Description/Purpose:..y.-- « r~- `~ n ~ ~s -~ Brief History of Event (Tf applicable): .~ <~ Planned Activities (~utiine of activities/number of activities, i.e. entertainmei t, children's rides, ames, other pro~g)rams): .~ t 7 L4 CY d ,g - - - - ~e~ ~ ~a~ ~ Nu-nber of Individuals Sewed Previous Year (if appNcable): _„ ~/~ '~~ ~~; ~~° Page l of 5 Page 2 of 5 Desc •ibe/how the program or p~•oject addresses community needs; v ~ C ~` ~Gs~ dcc ~+ ~t - v.r ~ _ n i / / ~- Describe your Marketing/Promotions Pro ram (How will you marketlproFnote, i e. TV, radio, esters, flyers, web sites, other)' ~ • ~/ a c~ ® t~ Sponsor Category (please check) City d Non-Profit/Charitable ^ Private rn~ Co-Sponsor -Non-Prnfit/Private a (lf NOrl-pr•ofrt attach proof of SOlc(3), c(4), c(6), C(10), or c(19) or (d) Event Location (Describe area boundaries of eventllocation): Site plan attached: yes ~ no (Site plan regrri.red for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and bauicade location if applicable.) Rental of Old School Square: yes ~ no (If yes, attach proof of approval) Private Property Use: yes no ~' {If yes, attach letter giving authorization from property owner) Event budget Revenue & Expenses attached: yes ~ no (Required far all events) Previous year RevenuelExpense summary attached: yes~,,,• no (Required for all events) Do you have cash sponsors for the event: yes uo ~~ (Indicated on budget) Do you have inkind sponsors for the event: yes no ~• {Indicated on budget) C:1Documents and Settingslf7cciwoodlDesktoplTe~nplSpecial livens Pcnttit Application FINAL f YQ9-il3.doc Page3of5 Serving or selling alcoholic beverages; yes c/ no (If yes, copy of license artd alcohol liability irasuratt.ce r•egrtired two (2) weeks ptiot• to event) Event certificate of insurance attached: yes rio c/ (Required two (2) weeks prior to event rtarytitrg the City as additional ittsrtred, also requited for vendors) Playing of amplified music: yes ~ lia (Waiver required) Will there be entertainment: yes ~ no (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainrent will be family oriented and contain no obscenities: yes ~" no Requesting Police assistance: yes ~/ no (traffic control/security) Will supplement with private security: yes 1~ no (If yes, need plant attached) Requesting Emergency Medical assistance: yes no ~ Requesting barricade assistance: yes no ~./ (If lio, how are you handling?) Requesting trash removal/clean up assistance; yes ~ no (Will be billed to sponsor) Requesting trash boxes/containers and liners: yes ~ no Requesting stage use: yes no (If yes, check type) Large stage {14' x 36') ^ Small stage {I.6' x 21') ~ Half small stage {S' x 21') Requestuig signage: yes ~ no Type: 4'x4'I*;vent sign ~ Parking Signs ~- (~~~'r~ 2 Banner hanging_ Indicate elates required ~ ! y ~z cc~f~- ~-(w~cl~~~ zw~ ~ ~ (Waiver required if rttore tlt.mt orte (l) week prior to event) Requesting City Portable Generator: yes no,~,~ ,.~ {If yes, size & power) Food and beverage vendors: yes ~` no If yes, approximate numbex• ~.~ (Health Department approval required) yes~~ ~ lio ~~ C:lrlacuments and Settingslf~ectw~oodlDest:toplTemplSpeciat Event Pern3it Application FINAL FY09-t[}.doc Page 4 of 5 Other yes !/ no ~p .. 1 P /~ n C.~~ U C- ate Tents: yes ~ no If yes, How rrrany What size or size required (If yes, terrtper•nrits and fire irtspect%ons rrray Ue needed) Will the event include amusement rides: yes no !~ (If yes, type acid location artd copy of liaLility iarsurarrce r•egrrir•ed, also requires state license and i~nspecfio~r.) Will the event be gated: (Slxow or:-site Wrap} yes ~- -_ _ no Will there be a charge for the event: yes r/ no (If yes, indicate tr'cket prices) $ fl' `= ~~./'r.~ ~ uti ~-~ !z ~~`~-~- ,- r ~, -~ Will there be fireworks or other pyrotechnics: yes no~ ~~ (If yes, contact Fire Marshal to obtain arrd carrrplete per•rnit application} Will there be cooking with compressed gas: yes ~ no (If yes, carrtact Tire Marshal for irrspectiorrs) Will you be providing port-a-lets for the event: yes ~/ no (If yes, locate orr-site Wrap. If no, indicate ltow you will handle restr•oajr: needs) Is reserved parking requested: yes no ~/ (If yes, indicate locations and purpose for rise) Event Permit Attachments: v RevenuelExpense Budget N i- RevenuelExpense Recap Last Years Event C~Site Plan ~ Letter Requesting Noise Ordinance Waiver ~ Letter Requesting Waiver Consumption Alcohol Beverages iv ~ 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 Harmless Agreement C:IDoeuments and SelEingsl(icct~~ocxlWesktoplTentipdSpcci~l E~•ent Permit Application 1'INAI. PY09-l0.doc Page 5 of 5 Submittal Date Requirements: • Minor Event X15 days prior to event • Intermediate Event 90 days p~•ior to event • Major Event 120 days prior to event • Neighborhood Bloek Party 30 days prior to event c~-~ ~ t `~ `~ ~ 1 / vex ontract r ordinator Date / Please print• t~ ~ ~' G•°~ ~/~C~. Please enclose the appropriate noi~-refundable application fee payable to the City of Delray Beach, 14a N.W. ls` Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use O~tly / ) ~1 Date Received ~li~`~,,~ Application fee received $ ~-~ ~° C:lUocaintents and Settingslfleet«~oodlt7esktoplTentpl5peciai Gvent Pertuit ApplicatioE~ f~11~IAL x'09-10.doc DELRAY BEACH ENTF,RTAINMENT LLC 1222 C South Drive Way Delray 13cach, Fl. 33445 561-445-4712 Carnevale Delray Beach Special Event March 25, 26, 27, 2011 Revenue/Expensc Budget Expenses Old Sclloo! Square $15,179.50 Old School S~llare deposit 3,000.00 Parks and Recreation 3,315.00 Parks and Recreation deposit 100.Ofl City of Delray fieach Ip,Op0.00 est. Site Set•vices 4,606.13 111S11ra31ee Spp.pp VIP Party 7,500.00 Tents and Events 5,786.15 Trevi ~'ol,ntain 12,50a.po Protillction Taalbox G,8G2.G0 Permits G50.00 est. Entertainment 75,000.00 Advertising 40,000.00 Mis, Expenses 5,006.00 Sales Tax 19,040.00 est. Rcve~iue $204,039.38 est. Attendees 20,000 paid $200,000.00 est. Vendors 16,000.00 Sponsors IOO,OOO.pD Deposits t•etarned 3,000.00 $319,000,00 est. Donations 2O% OFltet pt•ptitS ,r...Y-: .,~ ... ~y rr ~~ 1 ~{: J ~. ~ ~ .- _. .. __ I I I r I I!r ! ~~ '` ~ .._ .. ~ ~I` i . ~ 1 • __- ri _ --• ...__ ... .., „ _ ~. _ _ ... - - 1\ n ~ ~, - ,l = t i ~ ~ ~ V - I~r. E i . 'I .. ~ ~ r _. J. ~ .__ ..~ .. '! ~ } , . , , p i ~ I` ~ ~ ~ ~ Ii~ ~ _ ~ r~ ~ •. f I i I ~ t ~ `. 1r I ~: i. f ~ - 1 1 ,~ r ~ ! ! ~ ~ - `- ~ r 1 -! J - _ F f J - '- _ i ~ ~ .~I~......,_._.~ -...~.. __...----...__. 3~13AY rOLk-J w a i .~ ~_ ~~ ~,:; , ~ ,. . _ - -}- -_.. t4. ;: i ~ f !'1 - ~~ j i ~ ~. ~'i iiii ! ~ ~ ~ ~ . f-F ~ ~ ' I. 'r ~ - n) ~ } '! I 1 f i 9 ..i ~ 1 .~ I_i A., ~ ~ ..-_-- k . ~"_ . f ~ ~ _ ~ ~~ ":. ~ ~ ~ ~I ~ T i - I i ~ I. - ~- }}YY SL y. ' ~, m ~ . f i ' f- ! ~ tt 1 -- - ~ ..._ _~ ..., ' _ _ ~ ~ '.€~s 11 }' ', I I ~' ~~ ! ~ l: ~ '{ ~r~~ ~ l Y 1~' i li i v ~.t :~ ~ ,~ _ _~ ~ ' ! ~~ f i ; ~ _ _. .. .__ i i E ~' k '; - ~; ~ ----- ;- -- ~ ~ 1E -~- mi ~~ I ! ~ s~ fi ~~ 1- ___ x ._ ~- ~~ l 1 F ~ i~ ' ~ ~ 1 ~ ~ 'r I h ~ •. I I ~ i ~~ _. _ _I E ~ _ ~ ~~j L ,.,:.r__. ~~ .. ns. e..il sh-r ~cci !-, a.> W >rav._ae[ttsa~s[ee.se^ G ~tu~viryc~p: tglb'-ai was ~n-![+n4:u-~d,i r 0 U O _'_' p ~~ ~~ ~~ ~w ~ . ~~~ 'v ~~ ~~~ a~y67 0~ 0~ OE ~~ a° ~C ~ U U~ (n ~ -N N~ ~~ Z~ ~~ ~~ ~~ ~ ~, ~~ ~~ • ~y 1 • NO 2 ~ ~~~U Carnevale Delray Beach AflMIN1STRA1'IV~S~RVIG~S March 25, 26, 27, 2Mll Site Man Information I) Gated EntranceCExit 2) Food and Arts and Crafts Vendors Area 3) Table and Chairs Area ~4) Part-a-let Area S) Dempster 6} Children's Play Area 7} Pavilion Seating 8} Restraams 9} Italian American Cultural Exhibit 10) Fountain I1) Bar~•ieades will be at EntrancelGxit area 12) Generator I'~vent will have fencing around pcrimcter of Old Schaal Park and extend to areas around Old Schoal Square. .~-;-~ - r • • - ;~ ~ __ ~~~~ Carnevale Delray Beach March ~5, 26, 27, 2011 Entertainment and Attractions Aaron Caruso Tlie Gaylord's Claris McDonald Tony Mariano Elisa James Children Song Group Italian American rdol Contest More entertainment to be announced at a later date 50ft. Replica of the Famous Trcvi Fountain in Rome Red Carpet Interviews Strolling Musicians Strolling Magician Face Painting l3ouncc Houses Food llemonstrations by local chefs Wine tasfings Best Pizza Contest New York or Chicago Miss Carnevale Contest Gourmet Food Booths and Art and Craft vendors Silent Auction benefiting the Forgotten Solider Outreach 1`J~tri~ed ~'~t lnfortnatiarl 57~fl 1: PQPf1LATtdW t'OPIfLATlt3ht of yaur community: 50,40tt 6n 59,999 STEP 2: TOTAL Ei(PEIy aE9 (optronat} Your Organization's TOTAL EXPEPESl;3 (please do not use commas}; 25t100Q STEA ~: TOTAL A1TEfd4At~1CE (optional} TtJTAL ATTENgAtVCE to your organizauan's arts events (again, da not use commas}: 250k}0 caiottiata ~ r>eset Total ~cr~rlearrtic irnp~et t~f: gage I cif I Total t=xpor-dlture;; FTE Jahs Household Inc-0rrtrr Local Government State Govt:rnment Revenue Revenug f~onprotit Arks end Getiture $250,040 organizations: 7,7 $164 398 $$.525 X9,738 [~tanprofrt Arts and Culture Audiences: $566,250 14.9 $229,694 $22,Q91 $26,359 Total tnduatry impact: $S1 ii,250 22.7 $394 092 $31 019 $36 097 (rho 5urn of Arganizu'5uns and Aud~nce9) ~ i , __, Port#YourResults 'f Please Sea the ne ~ below. be~iftitinns Tate[ Errpendilrrres: The total deif2rs spent by yaur nonprofit alts and Culture organtzation and iks audienrx:s; event-resoled spend'sng by arts and tmfturr>r audiences is es#fmated using the averago dollars spr;nt per person by arts even# attendees in similarly populated communities, ~aclc#o Calrrrlator FTE lobs: The Iota! number of full-time equiva[8nt (FTE) jobs in yaurCOmmunity that are supported by the axpendttures made by your arts and cuikure organization and/or its audlerroes, An F'CE can be ana full-kime employee, two half-time employees, fakir empbyaes vrho rvoric quartar~ime, etc. t3aC$~o Calai[ator Household Income: T#ie totes dollars paid to community residan#s as a result of the expendf#ures made by your aria and Culture argarvzatian andiar its audiences. Housettofd In~me includes salaries, swages, and proprietary income, $? to Calculator Government The tote! dollars received ty your focal and state governments (e.g., license #ees, taxes} as a result et the t~venue: expenditures made by yaur arts and culture organizakian and/or its audiences. Oack to Cal~,ilator diktats using esimates derived from this Catculaior, ahvays keep ttte folio~Nfng caveats In mind: {i) the rasutta of this analysis are based upon the averages of sirrdlerty poparated corr~muri'rties, (2) inpuElnuttaut models were as3tomi~ad for each ofi these s~nitarty populated communftles, providing vary spedfx; employment, household income, and government revenue data, and (3) your results era therefore estimates, and should tsok he used as a suhsiitnie for candu~nf7 an economic impact study that is arstflmized for your conu»unity. ~ Copyright 2407 by Americana far the Arts. v~r rnsf=t~~i'h~~~is_org http:l/ww4v,time~icansfortht'arts.argJin~'c`!>a€na~ian services/resCarcttlserviccsle~connmic im.,. }]/3Qf2O,1Q MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental; Services Director THROUGH: David T. Harden, City Manager DATE: November 29, 2010 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF DECEMBER 7, 2010 CONSULTING SERVICE AUTHORIZATION/ CURRIE SOWARDS AGUILA ARCHITECTS ITEM BEFORE COMMISSION Service Authorization for Currie Sowards Aguila architects in the amount of $25,250 for professional design services for the first phase of rehabilitation of the Pompey Park Concession Stand Building. BACKGROUND A project for rehabilitation of the concession/press box building at the Pompey Park baseball complex was included in this year's capital improvement program (CIP) to renovate major components of the aging facility and revisit the program needs as they relate to the building layout, equipment, etc. A service authorization was awarded to Currie Sowards Aguila Architects in August of 2010 in the amount of $12,750 to research City records detailing the original structure, evaluate the condition of the facility and work with City staff to update the programming needs of the facility. That effort included the preparation of proposed floor plan revisions and architectural treatments, and a construction budget based on those sketches (proposal attached). The rehabilitation proposal includes the complete gutting of the restrooms and replacement of all fixtures and finishes. The concession area requires a new exhaust hood over the cooking griddle and some equipment replacements and finish updates. A significant portion of the project cost is attributable to the expansion of the second floor press box which is proposed to double in size and will require the installation of an elevator to meet code requirements. A minimal amount of landscaping and irrigation is included for code compliance. While the budget established for this project in the CIP was $218,500, the consultant's construction budget was significantly higher, being estimated at $345,000 for the raw building improvements alone. With the addition of Overhead/Profit, contingency allowances and professional fees, the overall cost was estimated at $442,000. In view of the magnitude of the estimated cost in excess of available funding and in coordination with the consultant, the project proposal was modified to present a phased approach. The first phase will include the renovation of the first floor facilities as shown on the floor plan sketch as well as replacement of the deteriorated staircase to the existing second floor press box. Site landscaping and irrigation requirements will be performed using in house resources. The phase I construction scope is not anticipated to exceed current available funding. Phase II of the project, which will be programmed for FY 2012, will include the second floor press box reconstruction and associated stairwell and elevator installation. The attached service authorization for Currie Sowards Aguila Architects includes preparation of a site plan submittal for SPRAB for the entire project, and preparation of construction documents, bidding and negotiation services, shop drawing approval and construction administration services for the Phase I scope. Fees for this proposal total $25,250. Consultant tasks for Phase II services will be a bit more involved, however, fees are not anticipated to exceed $ 30,000 for a scope that includes plan preparation through construction administration, and will be programmed with the Phase II budget in FY 2012. FUNDING SOURCE Funding is available for this expense in account #334-4127-572-62.10, Buildings. RECOMMENDATION Staff recommends approval of service authorization for Currie Sowards Aguila Architects. ~ ~ ~, ~ ~io~ert C`. ~.ttrr`Ce, ~A1Fe Jess ~'7. 5ativa-~cls, f~GA Jose f`3. Ftgu9la, f~1,~4. ldl[[`I~ ~1r~~ ~,[~IL~ ,~V~.11~"T C~JPJUI..T'[Nt~ F~VI~' ~U'1"~-IQI'~-~"[h~l C~P~~[~m: Navernber° 1, 2~1C~ ~I~[~~'[C[= AiJ"1'[...[~~IZ/~~flC~i~l ~~ ......._, w.~~~~w I~~. CC~tJ~iUL."T"INS ~z[~~~V'IG Cf"i'r' F~.~ ~~ ._.~u._ __ G11~`r'' 1~~f~~.J~:C"I~ ~~ --- `T'ITLE: f c~rrt~~y f~~rl~ ~:e~r1c~~~ir~rn ~i~~~nd - [~ha~~ 1 ['ermiti [~r~wir~g~ ..G a~', [~rajcrt; ~~ 1~C~7t~7 ~... Th[ ~rvic~ Authcri~~~ticn, when execrated, ~h,~ll ~ incarpar~ted in end ~h~ll beccrne ,gin integral pert laf'the f~greerrlerr"G between the Git~r ~f 17elr~y ~e~c;h end Currie crw~rd~ Agull~ ~,rch[tect~. [~~~(~JC"f C~~'I~'"fl~?~ f rojec~ car~~i~t~~a1' prep~r~ti~an ~fi dr~wng;~ end ~ppl[c~t,i~an~ needed ~F~r ~ubrrritt~l end ~ppr~v~l by ~[~~1[~ of prcapcaaed exiting wilding irrtprc+verrtent~ fear the Pompey f'~rk ~once~~[on ~t~nd ~~~ed on previous pity approved pl~n~ dated i*lovember 1~, ~?a1C~. 1=c~[lowing ~1~~AE~ ~ppr°crv~l, the Con~uit~nt will pr°ep~r°e bidding end permit document: for the ~re~ defined ~~ "'['h~~e 1"", gener~lfy con~i~ting of the grade level Cahn, t~roject includes ~ervice~ through find building C.C?. No "i~h~~e ~" ~~econd fioor~ perrrtit ~,iocument~ ire included ~t th[o time. GI t~1~ C~~ V°I Th,e ~rch[tect prepare ~ubr~itt~R gr~phic~ end ~pplcatan~ for review end ~pprov~i by the ;~[te i'I~r1 ev[ew end ~.ppe~rnce E~o~rd, ~sttend rewired t~f°f end [~o~rd meeting, end ~ubn°tit find docrrment~ for Certif[ctian by the i'Inning ,end Zoning G'ep~r°timent, Once I~~ approval i;~ obt,[ned, end a;~ directed by the pity, the ~onultant wile prep~rr~ nece~~ry corr~tr~rct[on documents ~uf°Ficient for bidding end perrrrit of the ire noted ~~ "[~h~e 1", which generally includes the exiting gr°ound level. Modif[c~t[on~ will result In ,~ new p1~n [~yout, ~Il new finiF7 tr°e~tment~, new electric~.l mech~nic~l end plumbing ~y~tem~, ,~rrd relocation ~f the oecond level ~cc~~ wood ~t~ir with new weed ~ta[r until "i~h~~e ~" work i scheduled. [~i~cipline fncfude ~rch[tecfiur~l, i~tructural, rrd MLI~ service ~[vil engineering end I~nd~c,~ping de~[gn ~r-e no~l; included in thl rec~r,~e~t a~ there ire no ~nticip~ted civil rer~uirement end the exiting l~nd~c~pe i~ rninim~l end rnint~ined by the ~'ity. III ~iJ~ The der°chrtect will cvrnplete the above Hated ~ervleei~ for ~ lump~~um fee of ~"~rent,~~~""cur ~"hau~rn~l Ivy I~r~rrdrd I~call~r° (r~t~.f~l~~ end ~Jc~ C~n~. In ~ddit[on, relm~ur°~~ble expen~e~ ire e~tim~ted ~t Hat t,o exceed 7f~,~o~ [)port written natice ~f ~pprov~l to proceed, within. rrineGy calendar da~< the /~rch[tect will complete these ~ervice~ ,~ r ~. Pr.C3(~1I7A r•1rtr+1 ~r• "rrie v~,~r~ 2raoo I~rcluiCee111re ~ Pl~lrtit~c~ . lt~ter~or I)esry,l~ ~ #~kfl26gOC~84 134 hir~rtlteast First ltivenue • betray lieaclt, Florida 33444 • 3Gi-'27G-4~J51 =Fax: S~1-2.43-btk34 • wwsv.csa-architects.eorrt ~" J/ ,` ,~ / r This ~ervioe Aut}~arizaton is approved contingent upon the City"~ acceptance of and satisfaction with the completion of services rendered in the previous phase ar ~~ encompassed ~y the previous service Auti~orization. if the Clty in its ~o[e discretion is unsatisfied with the service provided. in the previous phase ar ~ervioe Authorization, the City may terminate the Contract without incurring any further liability. The CJNULTAN~G may not commence work an any Service Authorization approved by t~7e City to k~e included as part of the Contract without a further notice to proceed, Approved by: CITE' ~F PELI`;AY ~i/ACH Cate: Nelson ~. McCuffie, Mayor Attest:. CUfw~.l~ ~~WA~:C~ AGUIL.r~, AI~.CHfT~C7C Cate: ~~-~r~A ~ ~ u ~ ""~~1 ~~ ~v "~~..., Jos g i,~a, ,~~A, Principal ~~ ~Carporate ~eai) f ~_~ . ~~ ~"~~ ' ~ ~ ~° `t, 4Vit~,~"~~ °~ ~ ~~ ,~. +tc~ess . ~TAT~ ~7~ ~LC~ICA C~UNT'1` C~ PALM B~AChi The fallowing instrument was acknawled~, ad Cefore me this ~,1'~~ Cay ar~ r,i+. ;t, 5~_, Q1G, by ~los~ N. Aquila, of Currie awards Aguifa Architects, a prafessionai Association. He is personally known to me and did.. not take an oath, Notary Public ~ ~~..~ _r My Commissia Tres: ~,,,~' l ~~~ Y SAL ~ f ~ ..~... ...../..__..r ~...~ ,~~ ,,, *.~,~~rc~~ J, WHITL~Y -~, ``7 C~carp7misSivn # ~E f~~2097 ~` .~ ~xpir~s iV~avet~b~r 24, 2[f14 ~ Z N O z ~ N ~ X p w z N X W J W 7 ., - o a~ I v ~, a I o ~ ~~ I ~ ~ °I ~ W ,.~. I v ~ of a ~---- ~~ a ol. 'dam II 'Z~d ~w ~~ ~~ ~~~ J O ° Lw.' ~ ~ :I. ~ Z Y ~ ... ~ Ie. ~o~ ~ N ~ 'I w Z a ~° ~ ~ ~ ~ ~ - -~ ~,a ~ ~° xo~ ~ ~ ~~ .~ ei1 ~ ui Q Q a ~ 00 ~~~~~ o ~~~~~ ~ ~ QN~ ~ ~ ~ ~ ~ U~ N \/\/ O~ %\ %\ %\ ~~ . ~~~ ~ ~ ~ ~ ~~ ~ ~ ~ Dui Q ~ ~ - ~ ~ ~ ~ ~ ~ ~~ ~ ~_ ~_ 3 ~ ~ ~ 3 ~ ~ J I I I ~~ ~ I ~~ ~ I u I I I ~---------------~ I I ._ ~ A J ~~~°~ ~ a ~3~~~ I I ~~~~ 7 I I a I ~ ~ Q~ I I I ZT ZT I I L_ ~I J ~~ ~~ J. N ,--~ - - - - - - - - F =_ i-~~ //~~~~ L_ ~ \ ~ ~ ~ ~_ ~ ~_~ ~ ~ I I I ~ I I I L J ~ ~ I I I ~ I I I L J I ~ I I I I I I I I I ~ I I I ~ I I I ~ ~~ ~--- J I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ~ ~ ~ I I~ 3~ ----~J ~~ I I I \ / \ / \ ~ / \ / \/ ~ / \ / \ / \ ~ / \ / uFu 4~ ~~ ~~ ~I z Q W J W 2 H O 0 i w N ,--~ N \ ,--i tL~ ~ ~ ~ ~ ~ ~ ~ M ~ ~ ~ M ~ N ~ i W ~ ~ ~ ~~ ~w a~ ~ ~ III % ~/ r //f ~ /fi "S III"'~~ ~ "- .~/ ~l ~: ~.~. ~.uw ~ ;k '~f than s f ' ~ , A ~ f ~i X+F~ l ~•- `T .,s.K~ 't t5 x: i ~ i~ z T~' ~~~ .,' ~~:w- 1 ~~ •:;r' ~ ,,,,. ... ..~»_ ~, ~~ /~ i*~ ~1 ~` O ~~ ~~ ~' ~ - - t ~f IV ! ~-. l.. `~ ~ ~.. !„ ` 4 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 24, 2010 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF DECEMBER 7, 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 Parnel Auguste Real Estate Attorney 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 24, 2010 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF DECEMBER 7, 2010 APPOINTMENT TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Financial Review Board. BACKGROUND Mr. Harvey Starin, alternate member on the Financial Review Board, submitted his resignation effective November 4, 2010. This creates a vacancy for one (1) alternate member to serve an unexpired term ending July 31, 2011. On October 6, 2009, the Delray Beach City Commission adopted Resolution No. 55-09 establishing the Budget Review Committee to review the City's budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City's budget and overall financial condition. The Commission later adopted Resolution No. 58-09 which renamed the committee as the Financial Review Board with the expanded responsibilities of analysis of revenues and expenses and business practices and processes. The Financial Review Board shall consist of nine (9) members. Five (5) seats on the Board must be filled with a certified public accountant, accounting professional, finance professional, certified financial planner, investment advisor, insurance professional (property/casualty or health), business owner/manager/officer and someone with an MBA or MPA degree. The remaining four (4) members may be at large. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) alternate member to serve on the Financial Review Board for an unexpired term ending July 31, 2011. RECOMMENDATION Recommend appointment of one (1) alternate member to serve on the Financial Review Board for an unexpired term ending July 31, 2011. FINANCIAL REVIEW BOARD 11/10 TERM REGULAR MEMBERS OCCUPATION EXPIRES 07/31 /12 Barbara Chester Leasing Manager & amt o~/zo/1o Corporate Analyst 07/31/12 HowardEllingsw~rth,Q-iair AccoLmting Amt 10/20/09 PaT'tneT/CPA Reappt07/06/10 07/31 /11 Todd L'Herrot~ Vice Q~air Puniness Owner amt 1o/zo/o9 07/31 /12 Rosalie Plood Vice President/ Amt 10/20/09 alt General T/~dnager Amt 07/06/10 reg 07/31 /11 Qzristina Morrison Pearce Realtor Amt 11/03/09 07/31 /11 Yvonne Walker Accountant amt 1o/zo/o9 07/31/12 Luise Piane Executive amt o~/zo/1o Managerrient ALTERNATES 07/31/11 Unexp Appt Vacant 07/31 /11 Cheryl Shaffner Accounting Unexp Appt 08/03/10 Contact: Barbara Flynn X-7115 S/City Qerk/Board 10/Financial Re~riew Board FINANCIAL REVIEW BOARD EXHIBIT A Applicants with experience in the professions required: Applicant Occupation Martin Cherry Executive Vice president Suzanne Donohue President-Director of Sales John Hallahan Assistant Director of Operations/MBA Laura Reines Director/Special Events Coordinator Jeff Ritter Consulting/MPA (currently serving on the Police Advisory Poard) AndrewYoungross Engineer/Pusiness Owner Applicants interested in being an at-large-member: Applicant Occupation Barbara Chester Corporate Analyst/Leasing Manager Nayda Cottone-Ovadia Nursing Assistant (also applying for the Delray Peach Housing Authority) Alberta G aurrrRickard Project Coordinator Vicki Hill Construction Auditor Michael Park General Counsel MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden,City Manager DATE: December 2, 2010 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF DECEMBER 7, 2010 ORDINANCE NO.44-10 ITEM BEFORE COMMISSION City Commission approval of Ordinance 44-10, Chapter 112, "Alarm Systems" on first reading. BACKGROUND Pursuant to direction from the Commission, staff is presenting for consideration an amending ordinance for Chapter 112 of the City Code of Ordinance governing Alarm Systems for approval on first reading. Highlights of the amendments include: L Mandatory registration and annual renewal requirements with associated fees. 2. Requirement to report changes to required information within a 10-day period. 3. Increased fine amounts. 4. False/nuisance alarm fee charges to provide graduated fines and court cost for the collection of unpaid fines. 5. To provide limited response for false alarms, overdue fees and failure to register. 6. Enacting a new section on appeal of response fee and appeal of limited response status. Staff is estimating that the annual revenues for the first year of implementation should be approximately $375,000. This projection is based on the Ordinance being formally adopted on January 4, 2011 and the first annual renewal process to be completed between April and July, 2011. RECOMMENDATION Staff is recommending City Commission approval of Ordinance 44-10 on first reading and to schedule the same for public hearing and final adoption at the January 4, 2011 regular meeting. ORDINANCE NO. 44-10 AN ORDINANCE OF THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING CHAPTER 112, "ALARM SYSTEMS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY PEACH, FLORIDA, PY AMENDING SECTION 112.03, "DEFINITIONS", AMENDING CERTAIN DEFINITIONS; AMENDING SECTION 112.04, "PROHIPITION", TO PROVIDE AN ADDITIONAL PROHIBITION; REPEALING SECTION 112.20, "ALARM REGISTRATION REQUIRED; FEE; TERM OF REGISTRATION; NON TRANSFERAPLE" IN ITS ENTIRETY PY AMENDING SECTION 112.21, "APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION", TO PROVIDE INCREASED FINE AMOUNTS AND TO REQUIRE THAT APARTMENT COMPLEX OWNERS/PROPERTY MANAGERS MUST OPTAIN ALARM PERMITS FOR EACH UNIT AND RENUMPERING; ENACTING A NEW SECTION 112.21, "APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION; RENEWAL", TO PROVIDE FOR ANNUAL RENEWALS; REPEALING SECTION 112.22, "DUTY OF PERSON NOTIFIED TO PROVIDE ACCESS TO PREMISES, RENDER ASSISTANCE" IN ITS ENTIRETY AND ENACTING A NEW SECTION 112.22, "MONITORING REQUIRED", TO PROVIDE MONITORING REQUIREMENTS; AMENDING SECTION 112.23, "ISSUANCE OF ALARM REGISTRATION; DECAL REQUIRED" TO PROVIDE ADDITIONAL CRITERIA FOR DENIAL OF ALARM PERMITS; AMENDING SECTIONS 112.26, "VERIFICATION OF P,LARIV~ REQUIRED RESPONSE TO ALARIV~ ALARM USER RESPONSIPILITY; ALARM MALFUNCTION AND CORRECTIVE ACTION",112.27, "MULTIPLE ALARM MAL-FUNCTIONS OR FALSE ALARMS DECLARED A PUBLIC NCJISANCE; FEE CHARGES", TO PROVIDE GRADUATED FINES, AND COURT COSTS FOR COLLECTION OF UNPAID FINES; AMENDING SECTION 112.28, "LIMITED RESPONSE", TO PROVIDE FOR LIMITED RESPONSE FOR FALSE P~I~ARNLS, OVERDUE FEES AND FAILURE TO REGISTER; REPEALING SECTION 112.29, "APPEAL", AND ENACTING A NEW SECTION 112.29, "APPEAL OF RESPONSE FEE AND APPEAL OF LIMITED RESPONSE STATUS"; TO PROVIDE FOR LIMITED RESPONSE AND APPEAL OF SAME; REPEALING SECTIONS 112.30, "RESERVED", 112.31, "RESERVED", AND 112.32, "NEWLY INSTALLED ALARM SYSTEMS" IN THEIR ENTIRETY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission has determined it to be in the public's best interest to establish reasonable regulations regarding alarm systems. NOW THEREFORE, PE IT ORDAINED PY THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA AS FOLLOWS: Section 1. That Section 112.03, "Definitions" and 112.04, "Prohibitions", of the Code of Ordinances of the City of Delray Peach are hereby amended as follows: Sec. 112.03. DEFINITIONS. For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Alarm The sound or signal of an alarm system. Alarm won. The activation of any alarm which results in the response of the Police Departrr~ent or the Fire Depaxttr~nt, caused by mechanical failure, malfunction, improper installation or lack of proper maintenance or any other response for which Police or Fire Departrr~ent personnel are unable to gain access to the premises for any reason, or are unable to detem-tine the apparent cause of the alarm activation Alarm registration A registration issued by the City Manager or his designee allowing the operation of an alarm system within the city of Delray Peach and signifying compliance of the alarm system with the provisions of this Chapter. Alarm system. Any mechanical, electrical or radio-controlled device which is designed for the detection of smoke, fire, unauthorized entry or other activity requiring urgent attention, and which when activated emits a sound or transmits a signal or message beyond the premises to alert others of an emergency situation. Alarm tec~iraaan. Any person who inspects, installs, repairs or performs maintenance on alarm systems and is licensed by the State of Florida or works under astate-licensed alarm contractor. Alarm user. Any individual, parhzership, corporation or other entity in control of any building, structure, facility or premises, or portion thereof, where an alarm system is located and maintained Automatic t~ dialingde~ or digital alarm mrrur~raluator. An alarm system which automatically transmits a recorded message or coded signal over regular telephone lines by direct connection or 2 ORD. N0.44-10 otherwise, indicating the existence of the emergency situation that the alarm system is designed to detect. E nforcerr~i~t offiaal. As to security burglar alarm systems, the chief of Police or his designated representative; as to fire alarm systems, the Fire Chief or his designated representative. False alaan An alarm for which a governmental agency has made an inspection of the premises within a reasonable time after the activation of an alarm and finds no apparent reason for the alarm except a possible alarm malfunctiory or an activation that sounds with no physical evidence of pr;n~ng, forcing, or damming to access points of a structure. An alarm is not considered a false alarm if the alarm is activated by unusually violent conditions of nature or due to malicious causes beyond the control of the alarm user. L i~rdted Resp~i~se. The Police D~zt shall respond only to verified emergencies, ie. crime in progress, panic button, silent alarm, call from person on site or alarm companyreport a crime. Pren~uses. Any building, structure or facility and adjoining property which is protected by and upon which is installed an alarm system. Recliared o~ratize alaan stern. An alarm system which the owner of a premises is required to maintain in an operative condition pursuant to statute, law, ordinance, rule or regulation of any governmental entity. Smdce detector. A device which detects the visible or invisible particles of combustion. Sec. 112.04. PROHIBITIONS. (A) No person, partnership, corporation or other entity shall use or cause to be used any automatic telephone dialing alarm device or digital alarm communicator system over any telephone lines exclusively used by the public to directly request emergency service. (S) Audible security burglar alarm systems which do not automatically deactivate within fifteen (15) minutes after activation are prohibited (C) Fire alarm systems which automatically deactivate are prohibited (D) Alarm systems which transmit an alarm sound or signal in the event of a power restoration after a poor failure are prohibited (E) Alarm systems shall not directlypolice or fire deparhnents. Section 2. That Section 112.20, "Alarm Registration Required Fee; Term of Registration; Nontransferable", of the Code of Ordinances of the City of Delray Seach, Florida, is hereby repealed in its entirety: 3 ORD. N0.44-10 ~o.~Z/T DL'!_T C'T'D A'T'Tl11~T~T~TTD~rE,£~E~,r !lD DL'!_T C'l"D~PIr T~ Section 3. That Section 112.21, "Application for Alarm Registration; Reporting Qzanged to Required Information", of the Code of Ordinances of the City of Delray Beach, Florida, is renumbered Section 112.20 and amended as follows: Sec. 112.20. APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION: RENEWAL. (A) (1) Application for an alarm registration shall be made by a person having control over the properly on which the alarm system is to be operated Such application shall be made in writing to the Director of Community Improvement or his/her designee on a foml designated by the City for that purpose. Neighborhood subdivisions referred to in Section ~9 112.21(E) shall comply with ~~~ Section 112.20 (S)(2) and {4} ~ and shall provide e two 2 emergency contacts for the purpose of complying with ~~~ Section 112.20 (S) {~ ~. ORD. N0.44-10 (2) New alarm systems shall be registered for twenty five dollars ($25)~~ i€ (~? ,h-p~.a;~ :~..n~see; : a~.eg~~~vttl~ ate e3as#t~g-2Lv~m sys~n False- {4)~ Each year, by April March 1, newrenewal applications shall be filed in order to ensure all information is correct. ode A fee of thirty dollars ($30) shall be required (S) On such applicationy the application shall set forth (1) The name, address and telephone number of the applicant's properly to be serviced by the alarrry including any business name used for the premised (2) The name, address and telephone number of the applicant, if different from the properly to be serviced: {4) ~ The name, address and telephone number of the alarm business installing or maintaining the alarm system, if any: {~} ~ The date of activation of the alarm system;; and {~ ~ Emergency notification. The names, addresses and telephone numbers of at least two (2) persons or entities who can be contacted at any time for the following purposes: (a) To receive notification of alarm activation; (b) To arrive at the alarm site within thirty (30) minutes after receiving a request from the Police Deparlrnent or Fire Department to do so; and (c) To grant access to or enter the premises and deactivate the alarm system. (C) The information set forth in subsection (S) shall be updated each year and be kept current by the registration holder. The registration holder shall notify the ~-slice Alarm Coordinator within ten (10) days of any changes in this information and shall each year provide a new application as required by Subsection 112.2~0(A}E4)~. Failure to renew alarm registration of this Chapter ~d shall result in a late charge of #~ one hundred dollars {9:98) ($100.00) and if renewal application is not received within sixt,~60~ys of the renewal date, there shall be limited response by the Citds Police Deparment. 5 ORD. N0.44-10 (D) Immediately upon receipt of a registration and prior to the activation of any alarm system, the Director of Communit,~mprovement or his 1~ier designee shall forward a copy of the application to the Alarm Coordinator. Section 4. That a new Section 112.21, "Alarm Registration Required; Penalty for Failure to Register'', of the Code of Ordinances of the City of Delray Seach, Florida, shall be enacted as follows: Sec. 112.21. ALARM REGISTRATION REQUIRED; PENALTY FOR FAILURE TO REGISTER. A 1 All alarm systems for which permit application is completed after the effective date of this ordinance shall be registered at the time of permit application Alarm systems installed prior to the effective date of this ordinance shall be required to obtain a valid alarm registration upon the emission of one false/nuisance alarm. (2) A person required to obtain a valid alarm registration shall be issued a notice of violation and that person shall have ten (10~vs from the date of the notice of (S) A registration fee of twenty five dollars ($25.00) shall be charged to the alarm user after notification and receipt of notice of violation due to the emission of one false alarm. (C) Applications having more than one alarm s, em protecting two (2) or more separate structures shall be required to obtain separate alarm registrations for each structure, unless the structures are protected by the same alarm s, em. alarm registration is assigned shall require a new registration application. (E) Neighborhood subdivisions that have an internal fire and/or burglar alarm system that is maintained and monitored b~private securi , company located within the subdivision shall pa,~ one registration fee for the entire subdivision. (F) If the owner or propertymanager of an apartment complex provides alarm systems in each residential unit as an amenity, then the apartment complex shall obtain an alarm permit for each apartment. All units, whether occupied or not, shall be reauired to have an alarm permit. Each apartment shall be considered as a separate alarm user. ORD. N0.44-10 Section 5. That Section 112.22, "Duty of Person Notified to Provide Access to Premises, Render Assistance" shall be repealed in its entirety and a new Section 112.22, "Monitoring Required", of the Code of Ordinances of the City of Delray Beach, Florida, shall be enacted as follows: ~~`2~, r~TT~-rv n>T~.~v~~Tn~rT~T~r~ 'r'n n~nvTr~~ n~-~-~c~T~T4T~E~ DL'1~TT1L'D ACCTC'T'A1~T!`L' Sec. 112.22. MONITORING REQUIRED. Each security/burglar alarm system shall be monitored by a 24-hour alarm monitoring company licensed in the State of Florida. Section 6. That Sections 112.23, "Issuance of Alarm Registrationy Decal Required", 112.26, "Verification of Alarm; Required Response to Alartry Alarm User Responsibility; Alarm Malfunction and Corrective Action", 112.27, "Multiple Alarm Malfunctions or False Alartrtis Declared a Public Nuisance; Fee Q-iarges", of the Code of Ordinances of the City of Delray Seach, Florida, shall be amended as follows: Sec. 112.23. ISSUANCE OF ALARM REGISTRATION; DECAL REQUIRED. (A) An alarm registration shall be issued by the Director of Communit,~rriprovement upon receipt of a completed application (S) Director of Communit,~mprovement or his/her designee may inspect the alarm equipment and planned installation and may require the submission of additional and specific information (C) Each alarm registration holder shall be issued a decal which shall contain the alarm user's registration number. This decal must be prominently posted at or near the front entrance of the premises covered by the registration so that the decal is visible from the outside of the structure. (D) An application for an alarm registration maybe denied if: (1) The requested information is not supplied on the application or such additional information as required is not furnished (2) Material information on the application is incorrect, or an applicant falsifies any statement on the application 7 ORD. N0.44-10 (3) If the equipment is found to be inferior and not capable of proper perforniance. (4) If the business or alarm user has an unpaid alarm fine balance at another property in this city Sec. 112.26. VERIFICATION OF ALARM; REQUIRED RESPONSE TO ALARM; ALARM USER RESPONSIBILITY; ALARM MALFUNCTION AND CORRECTIVE ACTION. (A) All residential or commercial intrusion and burglary alarms that have a central monitor shall Dave a central monitoring verification call made to the premises generating the alarm signal, prior to alarm monitor personnel contacting the Police Department for alarm dispatch This verification requirement does not apply to fire alarms. Failure to verify alarm activations before requesting a dispatch shall result in the assessment of the alarm monitoring company of a civil penalty of five hundred dollars ($500.00) for each occurrence and/or an assessment of the alarm user of a civil penalty of one hundred twenty-five dollars ($125.00) for each occurrence. (S) A response to an alarm activation shall result when any officer or member of the Police or Fire D~zt shall be dispatched to the premises where the alarm has been activated or learns of the activation of the alarm system(s), by any means whatsoever, and responds thereto by traveling to that premises. (C) After responding to an alarm activation, the enforcement official may notify any person identified in the alarm registration application pursuant to Section 112.20 of the activation of the alarm system and such person shall thereupon travel to the premises to ascertain the status thereof. Should the person notified fail to appear at said premises within thirty (30) minutes after being notified to do so, the City shall charge the alarm user a fee of s~~~e one hundred dollars {98) 100.00. The officer or member of the Police Department or Fire Department who responded to said premises shall serve the alarm user or authorized representative with an "Alarm Activation Report." If no representative is present, the Alarm Activation Report shall be left at the premises. (D) In the event of an alarm activation deemed by the enforcement official to be e .,~ +r,,, ,,,,~, a+ „~ an alarm malfunction, the alarm user or authorized representative will be served an "Alarm Activation Report" indicating that the activation was deemed to be the result of a ~c-tiex mechanical failure, malfunction, improper installation or improper maintenance, and requiring the alarm user or authorized representative to return a completed "Affidavit of Service/Repair" within thirty (30) days of said alarm activation which can verify to the satisfaction of the enforcement official that the alarm system in question has ~ been examined b~ +~~ by an alarm contractor licensed in the State of Florida and that a bona fide attempt has been made to identify and correct any defect of design, installation or operation of the alarm system which was identifiable as the cause of the nuisance alarm ~e#fen. Failure to return an "Affidavit of Service/Repair" within said thirty day (30) period which is satisfactory to the enforcement official will shall result in ~~eE~. r r _r c,,,,+;~r "'' ''Q a fine of one hundred dollars ($100.00) or enforcement action in the event of a required fire alarm system per F.S. Section 633.025(3). 8 ORD. N0.44-10 Sec. 112.27. MULTIPLE FALSE ALARMS OR ALARM MALFUNCTIONS ;FEE CHARGES. (A) It is hereby found and determined that the emission of more than three (3) false or alarms malfunctions within a calendar year period at the same premises is excessive ~ra ~~r~+;+, ~-~~ ee. (P) No fee shall be assessed with a valid permit for the first three (3) false or alarms malfunctions at the same premises responded to by the Police Departtr~ent or the Fire Departtr~ent during each calendar year. Thereafter, a fee shall be paid by the alarm user for each false or nuisance alarm responded to by the Police Departtr~ent or the Fire Departtr~ent at the same premises during each calendar year as follows: (1) a First three false/nuisance alarm with valid permit .................................No cost Without valid permit, $100.00 for cost of permit and late fee as provided in Section 112.21(A,Z(2) .................................. b. Fourth false/nuisance alarms ......................................................................... 50.00 c. Fifth false/nuisance alarm ...........................................................................100.000 d Sixth, seventh, eighth, ninth, and tenth false/nuisance alarms, each .......................................................................... 200.00 (C) Once a false fire alarm system has been responded to by the Fire D~zt, it shall be unlawful for the alarm panel to be reset by the alarm user or authorized representative until the authorization of the enforcement official has been obtained (D) Should any fee assessed pursuant to this Chapter remain unpaid in excess of one hundred t~nty (120) days from the date of the charge is billed a collection fee in the amount of eight (8) percent of the outstanding balance shall be assessed and shall be payable by the alarm user in addition to the original fee and the alarm user shall be placed on a limited response at the alarm site Lentil payment of all delinquent fines are received The alarm user shall also be responsible for any legal fees or costs incurred by the City of Delray Peach in enforcement of this Chapter including any fees or court costs associated with filing suit in a court of competent iurisdiction to collect unpaid fees or costs. Section 7. That Section 112.28, "Limited Response", of the Code of Ordinances of the City of Delray Peach, Florida, shall be amended as follows: Sec. 112.28. LIMITED RESPONSE. 9 ORD. N0.44-10 (A) Limited Response shall mean that the Police D~zt shall respond only to verified emergencies, including but not limited to the following. crimes in progress, panic button calls, silent alarm calls and calls from persons on site reporting a crime. /l ..,,.,.~ ..11 ........:......~,...w_. ..,~.~,l,.,l L,~..:.~ ~1.:,. !`I~.....w......al~:~, al.:w.. /'3!1\ Cr ,1... ~. ,.L ~1~,. ,.1~....,.:~.,~,.L ~1~,. L,.,.. ,~.. •„ (S) An alarm system maybe placed on limited response for one or more of the following occurrences: (1) Alarm systems with six (6) or more false alarms, and corrective action prescnbed by the Alarm Coordinator has not been completed; or (2) The alarm user has response fees which are overdue for sixt~60, or more calendar days; or (3) The alarm system is unregistered and the applicant has not registered or obtained a permit within (30) calendar days after notification. . . (C) Prior to being placed on limited response, except for an unregistered system, the alarm user shall be notified in writing with the date specific as to when the alarm system shall be placed on limited response. The Alarm Coordinator shall send out notice by certified mail to the alarm user. And unregistered system shall be automaticallyplaced on limited response, if the applicant has not registered within (30) calendar days of notification, until such time that the alarm system is registered with 10 ORD. NO.44-10 the City In addition, the user of an unregistered system or a system installed without a permit maybe subiect to a notification to wear before a special master and/or be issued a City citation. (D) The alarm user shall pay a reinstatement fee of ninety dollars ($90.00) to be reinstated to non limited response status together with certification by an alarm system contractor that any and all problems with the alarm system have been corrected Section 8. That Section 112.29, "Appeal", of the Code of Ordinances of the City of Delray Beach, Florida, shall be repealed in its entirety and a new Section 112.29, "Appeal of Response Fee and Appeal of Limited Response Status", shall be enacted as follows: S~ ~~iT~~~ Sec. 112.29. APPEAL OF RESPONSE FEE AND APPEAL OF LIMITED RESPONSE STATUS. (A) An alarm user ma~~eal assessment of the response fee to the Alarm Coordinator by filing a written request for review setting forth the reasons for the appeal within (30, calendar days of the incident of alarm. The filing of a request for an appeal stays the assessment of the response fees until the Director of Communit,~mprovement or his/her designee makes a final decision (S) The Alarm Coordinator shall conduct a review and consider evidence presented b~ alarm user. The Alarm Coordinator shall make a recommendation to the Director of Community Improvement on the basis of evidence presented The Director of Communit,~mprovement must render a final decision within fo , -five 45) calendar days after the request for an appeal is filed (C) An alarm user placed on limited response ma~ppeal the limited response status by filing a written request setting forth the reasons for the appeal within fourteen (14) calendar days of receipt of notification. The Citds Hearing Official shall conduct a hearing and consider the evidence presented The decision of the Hearing Officer is final. If an alarm user is found in violation of city code, a fine amount ma b~imposed not to exceed two hundred fifty dollars ($250.OO~per day for the 11 ORD. NO.44-10 first violation and not to exceed five hundred dollars ($500.OO~per day for a repeat violation Should an appeal be heard by the Hearing Officer, pursuant to Section 162.09, Florida Statutes, and the required corrective action is not taken, a lien ma~lmposed on the property where the violation exists and upon any real or personal property owned by the violator. Section 9. That Section 112.30, "Reserved", of the Code of Ordinances of the City of Delray Peach, Florida, shall be repealed in its entirety as follows: T.,,-. 1 7 100 ~ccx~ , Section 10. That Section 112.31, "Reserved", of the Code of Ordinances of the City of Delray Peach, Florida, shall be repealed in its entirety as follows: Section 11. That Section 112.32, "Newly Installed Alarm Systems", of the Code of Ordinances of the City of Delray Peach, Florida, shall be repealed in its entirety as follows: Section 12. 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 13. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 14. That this ordinance shall become effective upon its passage on second and final reacling. 12 ORD. NO.44-10 PASSED AND ADOPTED in regular session on second and final reading on this the day of 2010. ATTEST: City Clerk MAYOR First Reading Second Reading 13 ORD. NO.44-10 MEMORANDUM TO: Mayor and City Commissioners FROM: R. BRIAN SHUTT, CITY ATTORNEY DATE: December 1, 2010 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF DECEMBER 7, 2010 ORDINANCE NO.45-10 ITEM BEFORE COMMISSION The item before the Commission is Ordinance Number 45-10 which amends Section 39.01 of the Code of Ordinances to make this section consistent with Florida Statutes 166.251. REVIEW BY OTHERS The Finance Department desires to bring Section 39.01 into compliance with Florida Statutes to include service charges on all forms of payment to the City that are returned. RECOMMENDATION Staff recommends approval of Ordinance No. 45-10. ORDINANCE N0.45-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING CHAPTER 39, "RETURNED CHECK SERVICE CHARGE", OF THE CODE OF ORDINANCES PY AMENDING SECTION 39.01, "SERVICE CHARGE FOR RETURNED CHECKS", TO MAKE THIS SECTION CONSISTENT WITH FLORIDA STATUTES SECTION 166.251, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Peach desires to modify this section in order to make it consistent with Florida Statutes Section 166.251. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 39, "Returned Check Service Qzarge", of the Code of Ordinances of the City of Delray Peach is amended by amending Section 39.01, "Service Qzarge for Returned Checks", to read as follows: Sec. 39.01. SERVICE CHARGE FOR RETURNED CHECKS. In the event a check draft or other order for payment of money given to the City in payment of a permit, license, utility bill or any other type of bill, or any miscellaneous receipt issued by the City, is not paid by the bank on which it is drawn but instead is returned the City shall assess a service fee of twenty dollars ($20.00) or five (5) percent of the face amount of each check, draft or other order for payment of money so returned whichever is greater, for the collection of a dishonored check draft or other order for payment of money to the City Hower, this fee maybe waived at the Cites discretion in the event of a bank error or other similar circumstance outside the customer's control. If a service fee is imposed this service fee shall be billed to the customer. The service fee shall be in addition to all other penalties imposed by law Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2010. ATTEST: MAYOR City Clerk First Reading Second Reading 2 ORD. N0.45-10