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01-18-11 Regular Meeting
City of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, .Tanuary 18, 2011 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 will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings 7:00 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 1. 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. January 4, 2011- Regular Meeting 6. PROCLAMATIONS: A. Recognizing Black History Month -February 2011 7. PRESENTATIONS: A. Senator Chris Smith -Legislative Update Presentation B. RESOLUTION NO. 03-11: Approve Resolution No. 03-11 recognizing and commending Thomas Quinlan for 30 years of dedicated service to the City of Delray Beach. C. S.P.LR.LT. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork Committee quarterly Awards Presentation D. "You are Not Alone" -Delores Rangel E. Recognizing and Commending Beverly Wright, Cerina Anderson and Patricia Flowers for their contributions to the Annual Youth Summit and the planning, organizing and implementation of the Brandon Flowers Football Camp 8. CONSENT AGENDA: City Manager Recommends Approval A. REQUEST FOR SIDEWALK DEFERRAL/1109 BEACH DRIVE: Approve a request to defer the installation of a sidewalk along Beach Drive for property located at 1109 Beach Drive. B. AMENDMENT NO. 2 TO THE CONTRACT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP): Approve Amendment No. 2 to the Department of Environmental Protection (DEP) Contract No. 08PB2 between the City and DEP for the state's cost sharing for the Beach Renourishment Project. C. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/ BRANG CONSTRUCTION, INC.: Approve a Contract Closeout (C.O. No. 1/Final in the amount of a $4,454.09 decrease and final payment in the amount of $3,775.30 to Brang Construction, Inc., for completion of the Fire Rescue Main Bay Phase 2 Project. Funding is available from 501-3312-591-62.10 (Garage Fund: Capital Outlaw Building/Building). D. EXTENSION TO THE PARKING AGREEMENT/ACCURATE PARKING SERVICES: Approve an extension to the agreement with Accurate Parking Servicesto allow staff time to process RFP 2011-07. E. ACCEPTANCE OF DONATION/SHELLY WEIL: Authorize acceptance of a donated Boy Scout sculpture from Shelly Weil. F. LANDSCAPE MAINTENANCE AGREEMENT/SABINE REIS: Approve a landscape maintenance agreement with Sabine Reis, owner of 511 South Ocean Boulevard providing the right to install and maintain approved landscape materials in the right-of-wad G.INTERLOCAL AGREEMENT/SOUTH PALM BEACH COUNTY PUBLIC SAFETY COMMUNICATIONS COOPERATIVE: Approve an updated Interlocal Agreement between the City, Palm Beach County, Boca Raton and Boynton Beach for the operation of radio communications systems to incorporate increased maintenance and administrative costs and extend the agreement for five years with the option to renew for an additional three years. H. RESOLUTION NO. 05-11: Approve Resolution No. 05-11 to clarify that the board's duties shall fall under the direction of the City Manager or City Commission and restrict employee membership of the board. L CHAMBER OF COMMERCE GRANT REQUEST: Approve a request from the Chamber of Commerce to receive a grant in the amount of $30,000.00 for marketing the City to attract businesses. J. ACQUISITION AGREEMENT/PUBLIC SAFETY CORPORATION/ CRYWOLF ALARM SOFTWARE: Approve an acquisition agreement with Public Safety Corporation (PSC) for their Crywolf alarm software contingent upon approval of the final agreement by the City Attorney. Funding is available from 334-2111-521-66.10 (General Construction Fund: Books/Publications/Software K• SPECIAL EVENT REQUEST/13th ANNUAL CINCO DE MAYO FIESTA: Approve a special event reauest to allow the 13th Annual Cinco De Mavo Fiesta to be held SaturdaX, May 7, 2011, from 11:00 a.m. - 11:00 p.m., at Old School Square, to grant a temporary use permit per LDR Section 2.4.60 for use of the Old School Square Park; to authorize staff support for traffic control and securitX, trash removal, EMS assistance, signage preparation and installation, and to approve use of the Old School Square parking_garage, City generator, the small stage and three ~) sets of bleachers contingent on the receipt of a hold harmless agreement and receipt of a certificate of liability insurance and liquor liability insurance ten (10) days prior to the event. L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 3, 2011 through .Tanuary 14, 2011. M. AWARD OF BIDS AND CONTRACTS: 1. Bid award to C.T Contracting, LLC. in the amount of $72,360.75 for one ~) NSP Housing Rehabilitation project through the Community Development Division for 210 N.E. 5th Court. Funding is available from 118-1935-554-62.12 (Neighborhood Services: Capital Outlay/Acquisition Rehabilitation Contract award for three ~) Housing Rehabilitation Grants through the Community Development Division to the lowest responsive bidders for the following projects: 42 S.W. 13th Avenue to Cordoba Construction Company in amount of $35,132.00, 224 S.W. 9th Circle to Citywide Construction Services, Inc. in the amount of $15,018.35 and 915 S.W. 4th Street to .Temstone Construction Groin Inc. in the amount of $22,019.46. Funding is available from 118-1963-554- 49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation 3. Lease award to Mears Motor Leasing for 36 months in the total amount of $113,087.52 for the lease of fourteen (14) vehicles for the Police Department's Volunteer Program. Funding is available from 001-2111-521-44.40 (General Fund: Rentals & Leases/Vehicles RentaULease). 4. Purchase award to NDI Recognition Systems in the amount of $27,900.00 for two Automated License Plate Recognition Systems (ALPRs). Funding is available from 115-2112-521-64.90 Lpecial Projects Fund: Machinery/Equipment/Other Machinery/E quipment). 5. Purchase award to Southern Sewer in the amount of $201509.00 for the purchase of a 2011 Vac-Con Sewer Cleaning Body. Funding is available from 501-3312- 591-64.25 (Garage Fund: Machinery/Equipment/Heavy Equipment 6. Purchase award to Reichten International Trucks, Inc. in the amount of $100,177.00 for the purchase of cab and chassis for Vac-Con Sewer Cleaner. Funding is available from 501-3312-591-64.25 (Garage Fund: Machinery/Equipment/Reavy Equipment). REGULAR AGENDA: A. WAIVER REQUEST/BANDERA HOLDINGS OFFICE: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.3.4 (H~(6)(b)(2), "Special Landscape Setbacks", which requires a special landscape setback of 10' along Federal Highway for Bandera Holdings Office located at the southwest corner of North Federal Highway and N.E. 22"d Lane. (Quasi-Judicial Hearing B. WAIVER REQUEST/414 NORTH ANDREWS AVENUE: Consider approval of a waiver request to Land Development Regulations (LDR) Section 7.9.5, "Standards for Approval", that restricts docks to be no closer than ten (10) feet from the property line or adjacent property or the distance established for the side yard setback, whichever is greater for the property located at 414 North Andrews Avenue.(Quasi- Judicial Hearin) C. REQUEST FOR SIDEWALK DEFERRAL/DELRAY CHRYSLER .TEEP DODGE: Consider a request to defer the installation of a 5- foot sidewalk along the east side of Old Dixie Highway in the rear of 2102 South Federal Highway D. REQUEST FOR SIDEWALK DEFERRAL/MELALEUCA ROAD ESTATE: Consider approval of a request to defer installation of a sidewalk adjacent to the right-of-way along Melaleuca Road and Seasage Drive. E. ACCEPTANCE OF A LIMITED ACCESS EASEMENT AGREEMENT: Consider approval to accept a limited access easement agreement associated with the construction of a new 1,125 sq. ft. one-story addition for 316 Andrews Avenue. F. REQUEST FOR SIDEWALK DEFERRAL/316 ANDREWS AVENUE: Consider approval of a sidewalk deferral along both Andrews Avenue and Waterway Lane for the property located at 316 Andrews Avenue. G. REQUEST FROM THE CREATIVE CITY COLLABORATIVE (CCC) TO WAIVE COSTS: Consider a request from the Creative City Collaborative to authorize the quarterly voluntary solicitation of donations for cultural programs and to waive payment to the City of the printing and mailing costs estimated to be $4,170.00 for three ~) quarters. H. EXTENSION OF DEADLINE FOR REQUIRED RENTAL AGREEMENTS AND DEPOSITS/CARNEVALE OF DELRAY BEACH: Consider a request received from Joe LaViola to extend the deadline for required rental agreements with Old School Square and the City and deposits from December 31, 2010 to .Tanuary 31, 2011 for this event. L APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) alternate member to the Financial Review Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3~ 10. PUBLIC HEARINGS: A. ORDINANCE NO. 02-11: City initiated amendment to the Land Development Regulations (LDR) Section 4.5.3, "Flood Damage Control Districts", to add new regulations to conform to changes in State laws. 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. 01-11: Modification to the Gulfstream Building SAD Lpecial Activities District) Ordinance 39-90, to reclassify the uses listed within the ordinance from conditional uses to principal (permitted uses) and to expand the list of uses to add "one residential condominium on the 5th floor with a maximum of 4,925 sq. ft. and a maximum of four bedrooms. The Gulfstream Building n/k/a HHH Bush Building islocated on the north side of George Bush Boulevard east of the Intracostal Waterway at 1177 George Bush Boulevard.If passed, a public hearing will be held on February 1, 2011. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission JANUARY 4, 2011 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, January 4, 2011. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Monsignor Thomas Skindeleski with St. Vincent Ferrer Catholic Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Frankel moved to approve the Agenda, seconded by 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: Mrs. Gray moved to approve the Minutes of the Regular Meeting of December 7, 2010, 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. Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of December 14, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 01/04/11 6. PROCLAMATIONS: 6.A. Martin Luther King, Jr. Day - January 17, 2011 Mayor McDuffie read and presented a proclamation hereby proclaiming January 17, 2011 as Martin Luther King, Jr. Day. Lillian Strainge came forward to accept the proclamation and gave a few brief comments. Commissioner Gray requested a calendar of events. 7. PRESENTATIONS: 7.A. Government Finance Officers Association Award -Certificate of Achievement for Excellence in Financial Reporting Mayor McDuffie read and presented the Government Finance Officers Association Award -Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ending September 30, 2009 to Milena Walinski, Assistant Finance Director. Ms. Walinski came forward to accept the award and stated this is the 27m consecutive year the Finance Department has received this award. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. CONSULTING SERVICE AUTHORIZATION NO. 07- 20/MATHEWS CONSULTING, INC.: Approve Consulting Service Authorization No. 07-20 to Mathews Consulting, Inc. in the amount of $60,000.00 for professional engineering services related to the Lowson Boulevard Force Main Replacement. Funding is available from 442-5178-536-68.74 (Water & Sewer Renewal & Replacement Fund: Improvements Other/Lowson Blvd Fm). 8.B. AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (ACCF): Approve an agreement between the City of Delray Beach and Achievement Centers for Children and Families (ACCF) in the amount of $52,000.00 to carry out services at the Village Academy Beacon Center for FY 2010-2011. Funding is available from 001-4111-572-83.01 (General Fund: Other Grants & Aid). 8.C. RESOLUTION NO. 01-11: Approve Resolution No. 01-11 providing for a referendum on the proposed charter amendment related to Commission terms to be placed on the ballot as a Special Election item for the election to be held on March 8, 2011. The caption of Resolution No. 01-11 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION ON A CHARTER CHANGE TO BE HELD ON MARCH 8, 2011, TO PROVIDE FOR A 2 01/04/11 REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 40-10; PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTNE DATE. (The official copy of Resolution No. 01-11 is on file in the City Clerk's office.) 8.D. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE: Approve a special event request to endorse Art and Jazz on the Avenue to be held on January 27, 2011 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of N.E./S.E. 7th Avenue, Railroad Avenue from Atlantic north to the north side of the east/west alley, and to the alleys north and south of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, and N.E./S.E. 4m Avenue; to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, trash removal and clean up and EMS assistance; contingent upon the receipt of an updated Certificate of Liability Insurance. 8.E. SPECIAL EVENT REQUEST/14th ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: Approve a special event request to endorse the 14th Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held February 26-27, 2011 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of N.E. 4th Avenue, two (2) blocks north of Atlantic Avenue as well as use of the north end of Hand's parking lot for vendor parking to provide staff support for traffic control and security and fire inspection services, and to permit an event sign be erected on Atlantic Avenue just east of I-95, fourteen (14) days prior to the event. 8.F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 13, 2010 through December 31, 2010. 8.G. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to GPS Management Solutions, Inc. in the amount of $33,329.80 for forty-nine (49) Marcus GPS units for various departments' vehicles with installation, on-site training and twelve (12) months monitoring. Funding is available from multiple departments. 2. Purchase award to Zoll Medical Corporation in the amount of $51,180.00 for three (3) Zoll E-Series monitor/defibrillators. Funding is available from 334-2311-522-64.90 (General Construction Fund: Machinery/Equipment/Other Machinery/Equipment). 3 01/04/11 3. Bid award to Vila and Son Landscape Corporation in the amount of $140,204.88 for the West Atlantic Avenue Medians Landscape Project. Funding is available from 334-3162-541-61.15 (General Construction Fund: Capital Outlay/Improvements- Medians). At this point, Mayor McDuffie stated there is updated information on the dais for Item 10.A., Ordinance No. 44-10. Mr. Eliopoulos moved to approve the Consent Agenda, 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. WAIVER REQUESTSBRIGHT HORIZONS d/b/a 32 EAST: Consider two (2) waiver requests to Land Development Regulations (LDR) Sections 4.4.13(F)(4), "Front Setbacks", and 4.4.13(F)(8), "Structures Allowed Within Setback", to permit a proposed balcony, support columns of the balcony-canopy, entry arch columns and attached high top tables to encroach within the front setback for Bright Horizons d/b/a 32 East located at 32 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 spoke with Butch Johnson, owner of 32 East. Mr. Eliopoulos, Mr. Fetzer, Mrs. Gray, and Mayor McDuffie had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department prof ect file #2010-218 into the record. Mr. Dorling stated this is a request for approval of two waivers for the property known as 32 East on the south side of Atlantic Avenue east of Swinton Avenue. He stated the proposal involves the installation of a canopy area and French doors on the top with a balcony addition. The waiver was recommended for approval by the Historic Preservation Board (HPB) on December 1, 2010 as part of a Certificate of Appropriateness (COA) and Class IV Site Plan Application for exterior alterations primarily associated with the addition of abalcony-canopy and two-story, arched entry feature on the front elevation of the subj ect property. Mr. Dorling stated the two waivers are one to the minimum front setback of five feet. He stated there are three things that will encroach into that which will be some balcony posts, atwo-story arched entry 4 01/04/11 feature and some high-top counters. Mr. Dorling stated as a requirement for a five foot setback both the support pillars and the arched entry feature is proposed to encroach into that 4 feet 10 inches leaving a two inch separation between the property line and the feature; and, the counter tops would extend approximately two feet into that five foot area resulting in a three foot setback rather than five. The second waiver would be for encroachment of a balcony feature into that setback area. Mr. Dorling stated the City allows balconies to encroach 4 feet and this proposed balcony will encroach to the property line so that would be a one foot additional encroachment. Mr. Dorling stated the staff report identifies positive findings with respect to these waivers; staff notes positive findings to the balcony encroachment to zero feet, and the balcony posts and the high-top tables. Mr. Dorling expressed concern with the necessity of this entry feature and stated setbacks are really proposed to mitigate mass and scale at the street and this feature does not achieve that so staff does not believe that positive findings are made for that portion of it. Therefore, staff recommends that the Commission support the waiver for the balconies, the waiver for the balcony posts, and the high-top tables. Staff noted that this is a hardscape canopy feature and the balcony extends out to that five foot property line and the balance of that is a canopy. Mr. Dorling stated there was some discussion at the Historic Preservation Board level that the railing should extend if in fact it is allowed by the LDRs and in consultation with the attorney. Mr. Dorling stated the City does not allow buildings to extend into and over property lines; however, the City does allow canopies only to extend into the rights-of--way with a hold harmless agreement to the City. Mr. Dorling stated if the railing were to be extended is not currently allowed by Code and if that is something that is designed this would have to come before the Commission because it is not allowed. Mr. Dorling stated staff's recommendations are approval of two-thirds of the one waiver which involve the balcony columns and the counter tops and approval to allow a five foot setback encroachment for a balcony where a four foot encroachment is permitted. Also, staff recommends to deny the portion of the waiver to Section 4.4.13(F)(4)(a)2, of the Central Business District Development Standards to allow atwo-story arched entry feature within the required five foot (5') setback area, based upon a failure to make positive findings of LDR Section 2.4.5(B)(5), as the granting of the request would result in an adverse affect on the neighboring area, and a special privilege not granted under similar circumstances on other property for another applicant or owner. George Brewer, Architect for the Proiect, stated this project went before the Historic Preservation Board and was unanimously approved as presented. Mr. Brewer stated there was lengthy discussion regarding different features to the building. He stated the intent and the purpose of the modifications to 32 East is to really make a functional restaurant out of it. Mr. Brewer stated currently the awning that is up there does not function as any weather protection. He stated this building has been in existence for 15 years and has won many awards and is one of the top 20 restaurants in the State of Florida for 10 consecutive years. Mr. Brewer stated we need a functional canopy that protects people from the weather. He stated on the second level is private dining and that room is very dark and to improve this space would be to make that canopy double as a balcony. Mr. Brewer stated they are also opening up the ground floor with more doors and with regard to the existing bar all the windows are fixed and the windows will open 5 01/04/11 up. Mr. Brewer stated he does not understand why there is a problem with this two-story feature. Mr. Brewer stated it defines very specifically where the entrance is and off to the west is where chairs and tables would be set up for dining. Mr. Brewer stated the Historic Preservation Board stressed that they wanted to see the railing come to the edge of the balcony and not be set four feet back in and it would be peculiar visually to have a railing act in that fashion and it would restrict the functionality of the second story. Mr. Brewer stated all the doors and windows are going to be done in mahogany and keeping that old world look to the building keeping the historic background of this building. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. Butch Johnson, owner of 32 East, stated when they came to Delray Beach they were asked to design something that would create a little energy on the Avenue and bring some recognition to the street. Lee Go, partner with Mr. Butch Johnson for 32 East, resident of Gulf Stream and owns a few properties in Delray Beach, gave a brief history of Delray Beach. There being no one else from the public who wished to address the Commission regarding the waiver requests, the public hearing was closed. There was no cross-examination. Mr. Dorling stated the issue with the entry feature is there are required findings under the waiver section but it does not affect neighboring properties and would not be a special privilege. He stated staff has concerns with the inability to make those findings and it does not meet those criteria. Mr. Dorling stated the HPB did talk about extending the railing. He stated right now there is a five foot area that is available for the balcony. Mr. Dorling stated encroachment over property lines is not allowed for balconies; it is for canopies, however, it is very limited. He stated in the case of extending that railing as the HPB suggested the caveat was that if it was allowed by the LDRs and it is okay by the City Attorney. Mr. Dorling stated it is not allowed by the LDRs. Mr. Brewer stated with regard to the balcony and the railing there has been a lot of precedent set in the City and the LDRs always adjust themselves to some of these. He feels there is a creative way to write in the LDRs for this encroachment into the right- of-way on the second level. Mr. Brewer stated this is no different than the way the sidewalk cafe permit works because you are allowing them to dine in the right-of--way but they are on the second level Mr. Brewer stated he does not believe this affects any of the four criteria and given the success of 32 East feels the City Commission should be supportive of allowing them to continue that success. 6 01/04/11 The City Attorney stated the only thing the City Commission can address this evening is just the waivers. The City Attorney stated the fact of having the railing come out beyond the property line is not before the Commission right now. The City Attorney stated if we do want to address that then the LDRs would have to be addressed first before doing that. Mr. Eliopoulos stated this is a great design and 32 East has brought a lot to the community. Mr. Eliopoulos stated he cannot support the two-story element because he does want this to set a precedent and looking into the future he does not want this used as an example and feels the Commission will always have a hard time in the future with justifying that example. Mr. Eliopoulos stated he concurs with Mr. Brewer about extending the railings. Eliopoulos. Mrs. Gray concurs with comments expressed by Commissioner Mr. Frankel stated the railing that they are proposing comes out the same distance as right next door at Delux. He stated being someone who has eaten outside, been rained on and had to run inside he can understand the reasonableness of the request. Mr. Frankel stated the design looks great considering that the railing goes the exact same distance out as what is there. Mr. Frankel stated he does not always agree with the HPB because he feels they are very restrictive and for them to unanimously agree on it goes a long way in his eyes because he knows how tough the Board is. Mr. Frankel stated the request is reasonable. Mr. Fetzer stated he is very proud of what the downtown businesses have accomplished particularly 32 East and supports City staff's recommendation that that waiver not be approved; however, he is in favor of the other two waivers. Mr. Fetzer stated the Commission is granting a special privilege if they approve this without evaluating the LDRs as a whole. Mr. Fetzer stated he does not support the waiver addressing the two-story arched entry feature; however, he supports the other waivers. Mayor McDuffie asked what this would look like if this becomes one- story, is it acceptable to the City if it becomes one-story and how does it affect the design. Mr. Brewer stated it would destroy the design if he could not keep that feature. Mr. Brewer stated this restaurant is already atwo-story building and it needs a proper entry piece and feels it is not granting any special privilege to this restaurant. Mr. Dorling stated he believes it could be scaled down and supported. He stated it is really about the scale and mass. The City Manager also questioned whether you could put that element right against the building instead of bringing it out almost five feet. Mayor McDuffie stated if you take it away you have another two-story light green building and it may stand out a bit but he thinks that is the feature that sets it 7 01/04/11 apart from everything else and makes the building. Mr. Dorling stated the second floor is being modified significantly and therefore it could be against the building. Mr. Frankel stated that is a difference of average versus exceptional and feels this is exceptional. Mayor McDuffie concurred with comments expressed by Commissioner Frankel and stated he would hate to lose that feature on the building and hopes everyone can come to terms on that. element. It was the direction of the Commission for staff to look at the two-story The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to table the waiver requests until the regular meeting of February 15, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray - Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.B. WAIVER REQUESTS/209 NORTH SWINTON AVENUE: Consider approval of three (3) requests for waivers to Land Development Regulations (LDR) Sections 4.6.9(D)(3)(a-b), "Point of Access to the Street System", 4.6.16(H)(3)(d), "Perimeter Landscape Strips", and 4.6.16 (H)(3)(i) "Terminal Landscape", associated with reductions in the required driveway width for 209 North Swinton 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 project file #2008-174 into the record. Mr. Dorling stated this is a request for three (3) waivers associated with a conversion of asingle-family home to a business office. The location is on Swinton Avenue just east of northeast 2"d Street. Mr. Dorling stated there will be a parking lot that is proposed to the rear of the structure and hence the need for some of waivers. Mr. Dorling briefly reviewed the site plan and stated one of the waivers is to reduce the driveway width to 10' 4" along the north property line adjacent to the existing historic building whereas 24 feet is required. He stated this will be an Internet based business and is not anticipated to have any significant volume of customers coming to and from it. Mr. Dorling stated in this situation there is not the ability to provide the required 24 feet and staff encourages reuse of these structures when they can. There is also a requirement for 8 01/04/11 a waiver for a five foot strip and those are being requested to be diminished to 2' and 1' 11" along the east property line. Mr. Dorling stated there is to be a terminal landscape island to 2' adjacent to the building whereas 5' is required. Mr. Dorling stated staff believes all are supportable and the required findings are made in the staff report. At its meeting of December 15, 2010, the Historic Preservation Board (HPB) considered and approved a Certificate of Appropriateness (COA) and Class V site plan application and the Board recommended approval of all three waivers. Mary Hernandez, representing the owners, stated this is going to be an Internet company and they do not want a lot of traffic going back and forth. She supports the recommendations and urged the City Commission to approve the waivers. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. Mr. Eliopoulos asked about the interior improvements going on in the building. He stated although Mr. Brewer is providing a handicap spot with a ramp the building does not comply. Mr. Eliopoulos stated 20% of whatever you improve has to be for handicap. Mrs. Gray asked what happens if the business changes from an Internet business to another business with regard to the parking. Mr. Dorling stated another business would be able to go in there without providing additional parking spaces. He stated it is a concern that it is potentially a problem if you had a lot of traffic back there; however, with two spaces you are limited with the interaction. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order as presented, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: 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 7:02 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 9 01/04/11 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 44-10: Consider approval to amend Chapter 112, "Alarm Systems", of the Code of Ordinances. The caption of Ordinance No. 44-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 112, "ALARM SYSTEMS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 112.03, "DEFINITIONS", AMENDING CERTAIN DEFINITIONS; AMENDING SECTION 112.04, "PROHIBITION", TO PROVIDE AN ADDITIONAL PROHIBITION; REPEALING SECTION 112.20, "ALARM REGISTRATION REQUIRED; FEE; TERM OF REGISTRATION; NON TRANSFERABLE" IN ITS ENTIRETY BY 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 OBTAIN ALARM PERMITS FOR EACH UNIT AND RENUMBERING; 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 ALARM; REQUIRED RESPONSE TO ALARM; ALARM USER RESPONSIBILITY; ALARM MALFUNCTION AND CORRECTNE ACTION", 112.27, "MULTIPLE ALARM MAL- FUNCTIONS OR FALSE ALARMS DECLARED A PUBLIC NUISANCE; FEE CHARGES", TO PROVIDE 10 01/04/11 GRADUATED FINES, AND COURT COSTS FOR COLLECTION OF UNPAID FINES; AMENDING SECTION 112.28, "LIMITED RESPONSE", TO PROVIDE FOR LIMITED RESPONSE FOR FALSE ALARMS, 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. office.) (The official copy of Ordinance No. 44-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Lula Butler, Director of Community Improvement, briefly reviewed the following highlights of the changes to Chapter 112: (1) mandatory registration and annual renewal requirements with assessed fees; (2) requirements to report changes within a ten (10) day period; (3) increase fine amounts; (4) false alarm fee charges to provide graduated fines and court costs for the collection of unpaid fines; (5) to provide for 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. Mr. Fetzer asked what the annual fee is to re-register the alarm. Mrs. Butler stated the annual fee for the annual renewal is $30.00 and the fee for initial registration is $25.00. Mr. Eliopoulos stated an individual may own another property and rent it out and many times as a landlord you do not deal with alarm and the renters get their own alarm and their own service while they are renting. Mr. Eliopoulos stated if that tenant does leave then the property owner is responsible for any fines that their tenant caused them. Mrs. Butler stated if you own the alarm you have to register it in your name. She stated it is not registered to the owner of the property; for a business it is going to be in the business name and they generally disconnect it when they leave and a new business is likely to come in. Mr. Eliopoulos expressed concern that the City will run into more of a problem in the residential area not so much the commercial area. Mr. Eliopoulos expressed concern that people will be properly notified. Mr. Eliopoulos stated he is fine with the charges and with the first three false alarms there was no charge. He stated 11 01/04/11 without a valid permit the first cost would be $100.00. Mrs. Butler stated if they register within 30 days from receiving the notice they would not be charged a fee of $100.00. Mrs. Butler stated staff eliminated the word "nuisance" and adopted the word "malfunction" throughout the ordinance and it was advertised correctly. The City Attorney stated that in Section 112.26(D) the word "nuisance" should be removed where it is underlined and the word "malfunction" (the strikethrough removed) and under Section 112.27(B) the word "nuisance" has been added and 1(a)-(d) remove the word "nuisance" and add the word "malfunction". The City Manager stated in general the ordinance does not refer to the property owner; it talks about the alarm user. Mr. Frankel concurred with comments expressed by Commissioner Eliopoulos and stated the fact that you get a grace period is appropriate and then if it is not rectified in time then there should be fine. Mr. Fetzer stated he is generally opposed to adding fees to generate additional revenue; however, he does favor adding fees when there is a cost associated with the services the City is providing. Mayor McDuffie stated he is an alarm user and at a certain point responsibility has to kick in and our Police and Fire Department do not need to respond to false alarms because there is quite a cost for that to happen. Mayor McDuffie suggested that this be placed in the News for Neighborhoods and the utility bill to inform everyone that this is going to happen. Mr. Eliopoulos asked if the City is going to send out a bill. Mrs. Butler stated staff is going to send out notices but people will need to renew this year because staff will need to capture all of the data this year. Mrs. Butler stated there are approximately a little over 12,000 alarms registered with the City of Delray Beach. Mayor McDuffie declared the public hearing open. There being no one else from the public who wished to address the Commission regarding Ordinance No. 44- 10, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt Ordinance No. 44-10 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 12 01/04/11 10.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". office.) The caption of Ordinance No. 45-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 39, "RETURNED CHECK SERVICE CHARGE", OF THE CODE OF ORDINANCES BY 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. (The official copy of Ordinance No. 45-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance and stated by making this change it would allow the City to also implement a service charge if someone pays by credit card or something other than a check. The City Attorney stated State Statute provides that so staff is making this consistent with that. 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. Mayor McDuffie declared the public hearing open. There being no one else from the public who wished to address the Commission regarding Ordinance No. 45- 10, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 45-10 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. ll.A. City Manager's response to prior public comments and inquiries. inquiries. The City Manager had no response to prior public comments and ll.B. From the Public. ll.B.l. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, complimented everyone involved in the Christmas Holiday December activities and stated everything 13 01/04/11 was very exciting. Mrs. Finst stated she stopped by the tree this afternoon and they are looking for volunteers to finish up the removal of the Christmas tree. She stated it was very exciting that Santa arrived in a helicopter and feels we have to thank Channel 12 News for adding a different touch. Mrs. Finst reiterated that this was a very good event. 11.B.2. Dave Armstrong, 321 North Swinton Avenue, Delray Beach, FL 33444, stated he is among Delray's Nature Group and they are among the $55 million naturists and nudists worldwide to practice social naturist activities and look for those when they vacation. Mr. Armstrong stated they are young couples and families with children and senior citizens and most importantly their members spend billions of dollars annually on vacation travels to hundreds of clothing optional beaches and nude recreational facility destinations of Europe and the Caribbean islands. At this point, the time being 7:20 p.m., the Commission moved back to Item 9.C. of the Regular Agenda. 9.C. CONDITIONAL USE REQUEST/FRANKLIN AT DELRAY BEACH: Consider approval of a conditional use request to allow a residential density of up to 22 dwelling units per acre for a proposed multiple family development known as Franklin at Delray Beach, located on the west side of South Federal Highway, approximately 320 feet south of S.E. 10th Street and north of the Plaza at Delray. (Quasi- Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel, Mrs. Gray, Mayor McDuffie, and Mr. Fetzer had no ex parte communications to disclose. Mr. Eliopoulos stated he received a telephone call from the Developer's Attorney today. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2011-016 into the record. Mr. Dorling stated this is a conditional use request to allow a residential density up to 22 units per acre for amulti-family development known as Franklin at Delray Beach. This is located 320 feet south of S.E. 10th Street and north of the Plaza at Delray. This was previously before the Commission known as the Courtyards. At its meeting of July 19, 2010, the Planning and Zoning Board considered a conditional use proposal for the same property then named New Century Courtyards at Delray. This project consisted of 180 dwelling units in four-story buildings on the site of the Floranda Mobile Home Park and included retaining the existing Executive Quarters office building. At that time, Mr. Dorling stated there is an office complex and they were going to put those 180 units on this part of the parcel and then maintain the existing office building as an additional phase. This proposal takes the 180 14 01/04/11 units and spreads them over the entire site so it includes the demolition of that office building at this time. Mr. Dorling stated last time there was some question about it being a mixed use development and this will be a 100% multifamily development at 22 units per acre. He stated in doing so, this drops those buildings down to 3-story buildings. At its meeting of September 2, 2010, the Site Plan Review and Appearance Board (SPRAB) approved with a 6 to 0 vote a Class V site plan, landscape plan, architectural elevations, special action, and waivers associated with the mixed use project known as New Century Courtyards at Delray Beach. At its meeting of September 7, 2010, the City Commission appealed the SPRAB approval of the Class V site plan, landscape plan, and architectural elevations. The applicant withdrew the site plan application prior to consideration of the appeal by the City Commission on October 5, 2010. At its meeting of December 20, 2010, the Planning and Zoning Board recommended approval with a 4 to 2 vote. Mr. Dorling stated in the Board's recommendation they tweaked the conditions of approval in the staff report and those are noted in Exhibit "A". He stated what is also attached is Exhibit "B" which is those tweaked comments by the Planning and Zoning Board. Mr. Dorling stated staff recommends approval of the conditional use subject to those comments that were tweaked by the Planning and Zoning Board and are attached as Exhibit `B". Mike Covelli, 2295 N.W. Corporate Boulevard, Boca Raton, FL (Architect for the proiect), presented the site plan they developed in order to do the 180 units on the overall site and not have to deal with the future two acre commercial parcel that had a great deal of uncertainty in terms of timing. Mr. Covelli stated there have been some modifications done to this plan so that they could make sure they could comply with those 13 items in Exhibit "B" of the Board Order. Michael S. Weiner, Attorney with Weiner & Lynne, P.A., 10 S.E. 1St Avenue, Delrav Beach, FL 33444, stated he is present for any questions the Commission may have and they meet all the elements of the Board Order. Mayor McDuffie asked if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. Aisha Colon, 307 S.E. 12th Road, Delrav Beach, FL, 33483, stated she has no problem with the zoning change concerning the overall area; however, she expressed concern about some issues concerning the road. Ms. Colon stressed that S.E. 12th Road is a private road and if there is a zoning change it will affect her road. She met with an Attorney and threw out some ideas but there was nothing solid or legally binding. Ms. Colon stated she feels like the City is putting the carriage before the horse and is stating this for the record in case there is any legal litigation. There being no one else from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination. 15 01/04/11 Mr. Dorling gave the following rebuttal: Mr. Dorling stated for clarification purposes there are some roads that come in from Federal Highway that serve the trailer park now and what is being proposed now is that road will be replaced with a road that then provides access. He stated those will be processes that will follow this along with some abandonments that need to be done and some replacement easements and right-of--way that are dedicated as part of this. Mr. Weiner concurred with comments expressed by Mr. Dorling and stated this is a public road. Mr. Eliopoulos stated he supports the 22 units per acre; however, he suggested making the architecture more consistent. Mr. Eliopoulos stated overall the abutting properties should be happy because the applicant is giving them more space and he commended the applicant for spreading that density out over the entire eight acres. Mr. Fetzer stated he is very hopeful that SPRAB will address some of the architectural concerns expressed by Commissioner Eliopoulos and he too is pleased to see that the retail use is still not proposed and that it is going to spread out over a large area. Mr. Fetzer stated he feels the access road problems have been addressed. Mrs. Gray stated she is much happier with this project as well. She stated she did have a concern about the road but it appears this is going to be worked out. Mr. Frankel concurred with comments expressed by Commissioner Eliopoulos and Commissioner Fetzer. Mayor McDuffie stated he supports this project and feels the other things can be worked out with SPRAB. He stated this is a much better prof ect. Mr. Frankel moved to adopt the Board Order as presented subject to the conditions in Exhibit `B", seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9.D. REQUEST TO WAIVE FEES FOR STAFF AND USE OF POMPEY PARK FACILITIES FOR THE DR. MARTIN LUTHER KING, JR. HOLIDAY CELEBRATION: Consider a request to waive field permit and facility rental fees and provide staff support at Pompey Park on January 15, 2011 from 8:00 a.m.-12:00 p.m., and January 17, 2011 from 11:00 a.m.-5:00 p.m., for the Dr. Martin Luther King, Jr. Holiday Celebration. Linda Karch, Director of Parks and Recreation, stated this item is before the Commission for approval to waive the field permit and facility rental fees at Pompey Park for the Dr. Martin Luther King, Jr. Holiday Celebration. The Dr. Martin Luther King, Jr. Holiday Celebration is an annual event honoring Dr. King for his dedication to 16 01/04/11 the advancement of equality for all Americans. Ms. Lillian Strainge, Chairperson for the Martin Luther King (MLK) Holiday Celebration, requests that the fees for use of Pompey Park's facilities and staff support be waived. Ms. Strainge requests the use of "Teddy's Field" (Field #1) on Saturday, January 15, 2011 from 8:00 a.m. to 12:00 p.m. for their track and field event. The field permit fee is $206.00 including 6% sales tax. On Monday, January 17, 2011, Ms. Strainge has also requested the use of the gym, kitchen and one room for activities at the end of the Memorial Walk There will be a guest speaker and light refreshments. The total fee for this rental is $1,343.20 including 6% sales tax. Staff recommends that Dr. Martin Luther King, Jr. Day Holiday Celebration be viewed as a City event and that the fees be waived. Mrs. Gray moved to approve the request to waive fees for staff and use of Pompey Park facilities for the Dr. Martin Luther King Jr. Holiday Celebration, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.E. DESIGNATE A CHAIRPERSON TO THE PUBLIC EMPLOYEE RELATIONS COMMISSION: Designate a chairperson to the Public Employees Relations Commission (PERC). Mr. Fetzer moved to designate Edward Desmond as Chairperson to the Public Employees Relations Commission (PERC), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board to serve a three (3) year term ending January 14, 2014. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel moved to reappoint Kelli Freeman as a regular member to the Code Enforcement Board to serve a three (3) year term ending January 14, 2014, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENT TO THE GENERAL EMPLOYEES RETIREMENT FUND COMMITTEE: Appoint one (1) regular member to the General Employees Retirement Fund Committee to serve an indefinite term. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint James Smith as a regular member to serve on the General Employees Retirement Fund Committee to serve an indefinite term, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray - 17 01/04/11 Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) alternate member to the Financial Review Board to serve an unexpired term ending July 31, 2011. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel moved to appoint Barbara Chester as an alternate member to the Financial Review Board to serve an unexpired term ending July 31, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:40 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 02-11: City initiated amendment to the Land Development Regulations (LDR) Section 4.5.3, "Flood Damage Control Districts", to add new regulations to conform with changes in State laws. If passed, a public hearing will be held on January 18, 2011. The caption of Ordinance No. 02-11 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.5.3, "FLOOD DAMAGE CONTROL DISTRICTS", TO BRING THE SECTION INTO COMPLIANCE WITH STATE STATUTES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 02-11 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling AICP, Director of Planning and Zoning, stated this is a city- initiated amendment to the LDRs that amends provisions of the flood damage control section to comport with the State law. Mr. Dorling stated recent changes made in the Florida Building Code require these amendments so that the City is consistent. 18 01/04/11 At its meeting of December 20, 2010, the Planning and Zoning Board voted 6 to 0 to recommend approval. Mr. Eliopoulos stated depending on where this happens we should be aware and we have run into the past where a new project comes in and the Marina District where there are maybe some flood zone areas from the Intracoastal people have to realize these buildings are going to get taller. He stated although it is only a foot it does elevate it. Mr. Eliopoulos stated in the past people have made comments about homes being so big also because houses tend to be higher ceilings. Mr. Eliopoulos stated he was not aware of this part but he feels we should follow it. Mr. Frankel moved to approve Ordinance No. 02-11 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated before Christmas a representative from Ephesus French Seventh Day Adventist Church presented the City of Delray Beach with a plaque on their sincere appreciation for the City's support to the Haitian community. Secondly, the City Manager stated at the last Commission meeting there were questions about the South Federal Highway Redevelopment Plan status and noted staff is finalizing the existing conditions analysis portion of the plan and is in the process of putting together a complete timetable for the task. He stated Public Input Meetings are scheduled for the month of February and as soon as staff receives a more definitive schedule staff will let the Commission know. The City Manager stated there was a question about Deck 84 and the possibility that they were doing a patio extension. He stated that has been discussed and this extension may include decking, seating, and an outdoor fire pit. The City Manager stated there has been no official submission to the Planning and Zoning Department at this time. The City Manager stated the LDRs do not contain a definition for mixed use and what kinds of projects constitute mixed use in the City's code. He stated mixed uses and multiple uses on a unified site has reduction required parking based on shared parking. He stated if we want to limit the mixed use designation to vertical or horizontal integrated buildings, then we would need to add something to the City's code. The City Manager asked if the City Commission would like staff to draft something up. Mr. Eliopoulos stated he does not feel that this Commission has run into what previous Commissions have run into and what were considered mixed use projects by how they were defining it. He stated the one this evening was a good example of what we had before us last month and they got a lot of benefits. Mr. Eliopoulos stated when you are 19 01/04/11 integrating the buildings in a mixed use project it is much more costly and expensive but it is really mixed use. He stated the argument can be made that it is a mixed use site but they seemed to get all the benefit last time of a mixed use and putting everything on one site and reserving the one part to do whatever they wanted with regards to retail or business. Mr. Dorling stated staff can provide a definition which limits it to what the Commission is talking about. However, Mr. Dorling stated if the real concern of the Commission is shared parking and the ability to use shared parking the shared parking also applies to multiple uses which is different from mixed uses and would extend that benefit to the project similarly and staff can look at that language as well. The City Manager stated his concern with this is not the shared parking but the density credit; that you are getting credit as if the commercial piece were part of the residential site which it was off to the side separate. Yet if you look at it as mixed use, they were getting credit as if it were part of the apartment building site. The City Manager stated that is not really appropriate although we have done this on several occasions but this needs to be clarified. Lastly, with regard to the noise issue at Deck 84, the City Manager stated Code Enforcement had initially visited the site on December 16, 2010 in response to complaints they had received. The City Manager stated Code Enforcement met with one of the managers and advised him of the City's ordinance regarding noise and prohibition use of outside speakers. He advised that on Saturday and Sunday they had planned to have music on the outdoor patio and they advised that this could be a problem since the use of amplified music is not allowed and they agreed to cancel those plans. The City Manager stated a follow up visit by Code Enforcement and Clean & Safe Officers was scheduled with the general manager and business owner on December 21, 2010 in response to the "Red Bull" barge that had been docked on the Intracoastal near the restaurant. The City Manager stated this barge was a promotional event that they were doing in various cities along the Intracoastal. There was skateboarding and loud music in the afternoon during the event. Both the manager and the owner were advised of the problems with this type of event and they were cooperative and assured staff that this type of event would not be done in the future. The clientele appears to be an older crowd so staff does not expect a repeat of this event. The City Manager stated Clean & Safe Officers will continue to monitor noise that occurs outside the business day and Code Enforcement will be responsible for issuing any necessary violations in the future. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer thanked staff for addressing the Deck 84 noise issues and stated as far as the density issues and modifying the LDRs to correct that he is very supportive of that. 20 01/04/11 Secondly, Mr. Fetzer wished everyone a Happy New Year. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated the holidays were great and he wished everyone a Happy New Year. He stated Delray Beach shined like no other city and it was fantastic. Secondly, Mr. Eliopoulos stated he received a call regarding the mixed use building north of Atlantic Avenue (southbound Federal Highway) that has been taken over by the banks and he is happy to see something happening there. Mr. Eliopoulos stated the property owner is Dolphin Bay Developer (northeast side of the property) and claims their property was damaged. Mr. Eliopoulos stated we need to step in and protect adjacent property owners. Lastly, Mr. Eliopoulos wished Mr. Frankel good luck on the game. 13.C.3. Mrs. Gray Mrs. Gray thanked Mr. Mike Malone from the Chamber of Commerce for the Mayor's Interfaith Prayer Breakfast this morning and stated it was awesome. Mrs. Gray commented on some changes to the program stating it was inclusive to more people in the community and extended kudos to the Chamber for actually moving it to the Boys and Girls Club. Secondly, Mrs. Gray stated she attended a presentation that Randal Krej carek, City Engineer gave at St. Andrews School in Boca Raton and he did a great job. Lastly, Mrs. Gray commented about Lillian Strainge and Martin Luther King (MLK) Day and stated she hopes that everyone can join them at the breakfast that morning and the activities at Pompey Park. 13.C.4. Mr. Frankel Mr. Frankel wished everyone a Happy New Year. 13.C.5. Mayor McDuffie Mayor McDuffie thanked everyone involved with the Christmas tree and the grounds of Old School Square, the Downtown Marketing Cooperative (DMC), and the volunteers for a wonderful job. He also thanked Channel 12 News and stated he has heard positive things about Santa's arrival in a helicopter all over this county. Mayor McDuffie stated from the stage, he has never seen so many people at the tree lighting and feels the attendance was easily double from what it was last year, thanks to Channel 12 News and all the promos they gave the city and everyone's hard work. 21 01/04/11 Secondly, Mayor McDuffie stated First Night was an incredible success again and commented about the drop of the Mercedes Benz. He stated he would love to see the tennis center filled at both the 9:00 p.m. and the midnight fireworks celebration, but he was favorably impressed that at the 9:00 p.m. fireworks celebration there were far more people than at the midnight fireworks celebration which says we are reaching out to families because the families were the ones that were there at the 9:00 p.m. fireworks celebration and he thinks this is a good trend. Mayor McDuffie stated the Mayor's Interfaith Prayer Breakfast was tremendous and there were 185 people in attendance and the Boys and Girls Club was a terrific venue. He stated there was a tremendous mix of ethnicities and religions at the breakfast and everyone that participated was very complimentary about the breakfast this morning. Lastly, Mayor McDuffie stated it was a great holiday season and wished everyone a Happy New Year. There being no further business, Mayor McDuffie declared the meeting adjourned at 7:57 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 January 4, 2011, which Minutes were formally approved and adopted by the City Commission on City Clerk 22 01/04/11 NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 23 01/04/11 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DEl_RAY BEACH, Ft_ORIDA WAIVER REQUESTS FOR 2Q9 NORTH SWINTON AVENUE ORDER OF THE CITY COMMISSION OF 'fHE CITY OF DELRAY BEACH, FLORIDA The waiver requests regarding 209 North Swinton Avenue has come before the City Commission on January 4, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for 209 North Swinton Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection 1. I. WAIVERS: l_DR Section 4.6.9{D)(3}(a-b} requires that the paint of access to a street and the driveway aisle not be less than 24'. The Applicant has requested a reduction from 24' to 10'4" for the drive aisle along the north property line adjacent to the historic building. LDR Section 4.6.16{H}{3){d) requires that a 5' wide landscaped barrier be provided between the off-street parking area or other vehicular use area and abutting properties. The Applicant has requested a reduction from a 5' landscaped barrier width to 2' along a portion of the north property line, and 1'11" along the east property line. LDR Section 4.6.16{H}{3}{i} requires that each row of parking spaces terminate by a landscape island containing a minimum of 75 square feet of plantable area, with a dimension of five {5} feet, exclusive of the required curb. The Applicant has requested a reduction to approximately 36 square feet of plantable area within a 2' wide terminal landscape island between the building and the handicap parking space, Pursuant to LDR Section 2.4.?{B}{5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver; {a} Shall not adversely affect the neighboring area; (b} Shall not significantly diminish the provision of public facilities; {c} Shall not create an unsafe situation; and, {d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver reques# #o LDR Sec#ion 4.6.9(D}{3}~a-b} mee# all the requirements of 2.4.T(B}{5} City Commission Meeting on January 4, 2011; Item 9.B. Yes / No Does the waiver request to LDR Section 4.fi.1fi{H){3){d) meet all the requirements of 2.4.7{B){5) Yes / ~ No Does the waiver request to LDR Section 4.fi.1 fi{H){3){i) meet all the requirements of 2.4.?{B){5) Yes / No ~. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the request was submitted and finds that its determinations set forth in this C}rder are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5, Based on the entire record before it, the City Commission approves / denies the waiver requests to LDR Section 4.6,9{D}(3}(a-b}, Section 4.6.16(H}{3}{d}, and Section 4.6.16(H}(3}{i}, subject to the conditions, if any, imposed in this order. 6. Based on the entire record before it a City Commission ereby this Qrder this 4t" day of January, 2011, by a vote f 5 in f .~.~~~ opposed. ~,~ ATTEST: Nelson S. cDuffie, Mayor ~~P,~~ Chevelie Nubin, C' Jerk 2 City Commission Meeting on January 4, 2011; Item 9.B. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR A MULTIPLE FAMILY DEVELOPMENT KNOWN AS FRANKLIN AT DELRAY BEACH TO ALLOW A RESIDENTIAL DENSITY OF UP TO 22 DWELLING UNITS PER ACRE. ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on January 4, 2D11. The conditional use request is for a multiple family development known as Franklin at Delray Beach to allow a residential density of up to 22 dwelling units per acre 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 Franklin at Delray Beach. All of the evidence is a part of the record in this case. Required findings are made in Sections !and II below. 1, COMPREHENSIVE PLAN A. Future Land Use Mag: The subject property has a Future Land Use Map (PLUM) designation of General Commercial (GC} and a zoning designation of Planned Commercial (PC}, which are consistent with one another. Pursuant to LDR Section 4.4.12(G}(~), multiple family residential development with residential densities up to 22 dwelling units per acre is allowed as a conditional use in the PC zoning district. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Are the requlremer~ts 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. 1 City Commission Meeting an January 4, 2019; Item 9.C. Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes ~ No G. Consistency: A finding of overall consistency must be made with regard to the following: ' 1. Future Land t3se Ob'ective 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, tapagraphic, 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. Transportation Element Policv A-1.3. The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. 3. Transportation Element Policv A-2.2. Commensurate with approval of development plans, provisions shall be made for dedication of land for the ultimate planned right-of-way of adjacent streets. Such dedication shall also include sufficient right-of--way for expansion of intersections pursuant to the Palm Beach Gounty Thoroughfare Right-of Way Identification Map. 4. Trans ortation Element Polio D-2.2. Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. 5. Open Space and Recreation Element Policv A-3.1. Tot lots and recrea~on areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units. fi. Housiny Element Policv A-12.1. The Gity shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood, and shall allow opportunity for public input on the proposed change. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shat) not be permitted. 7. Housing Element Obiective B-2. Redevelopmen# and the development of new land shall result in the provision of a variety of housing types 2 City Commission Meeting on January 4, 2011; Item 9.C. which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: a. Housing Element Policy B-2.2. The development of new adult ariented communities within the Gity is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shat! be required to provide three (3) and four (4) bedroom units and activity area for children ranging from toddlers to teens. This requirement may be waived ar modified for residential developments located in the downtown area and for infilf project`s having fewer than 25 units. b. Housing 4biective A-12. To assist residents of the Gity in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. c. Housinc~Polic~-12.3. In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shalt be modified accordingly or denied. Are the consistency requirements met such that the proposed project is complementary to and compafible with adjacent land uses and the beneficial aspects of the project outweigh the negative impact of identified paints of conflict? Yes ~ No 11. LDR REQUIRE1VlENTS A. Section 2.4.5(E)f5}.requires certa`in`, fridincts: The conditional use will not: 1. Have a significanfily detrimental effect upon the stability of the neighborhood within which it will be located; 3 City Commission Meeting on January 4, 21)11; ]tem 9.G. 2. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(Ej{5~ be met? Yes / Nc- B. Pursuant to Sec#ion 4.4.12{G)(5), services are allowed as a conditional use in the PC Zoning District subject #o the following requirements: 1. Minimum Famifv/Workforce Housing: Pursuant to LDR [Land Development Regulatiari] Section 4.4.12(G)(5), a density of 22 units dwelling units per acre is allowed in the PC (Planned Commercial) zoning district provided a minimum of 20% of the 180 dwelling units (35) must be designated for workforce housing. Per LDR Section 4.7.9{a), all workforce housing units shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as market-rate units. Further, per LDR Section 4.9.9(b), the workforce units must be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate units and provide them as standard features. Aft workforce housing units shaft contain comparable square footage to the corresponding market-rate unit. Has this requiremen# been met? Yes f No 2. Pertormance Standards: Per LDR Section 4.4.fi(f)(1), in order to increase a project density beyond six (fi) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density bo#h internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the Gity's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly Power density. The performance standards are as follows: a. The traffc circulation system is designed to contr©I speed and reduce volumes an the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple 4 City Commission Meeting on January 4, 2011; €tem 9.C. entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. The proposed street network is comprised of surface parking areas that have short segments that are controlled at intersections with stop signs. The meandering of the internal street will calm traffic by lowering vehicle speeds. The development includes twa vehicular access points to Federal Highway. These consist of the existing northern driveway to the Professional Off€ce Plaza for Acquilana and the primary middle driveway that includes a deceleration lane. The site plan indicates that there will be crosswalks at strategic points along the interior street system. In order to improve pedestrian safety, it is recommended that these be raised and this is attached as a condition of approval. Has this requirement been met:? Yes f Na b. Buildings are placed throughout the development in a manner that reduces Mme overall massing, and provides a feeling of open space. Per l_DR Section 4.6.2 .[Distance Between Residential Building] a building separation is required. The concept plan does not contain sufi'tcient information to determine compliance with this requirement. Thus, a technical item is attached that the information be provided and graphically noted on the plans. Further, the buildings have been arranged on the property to enhance view corridors, which greatly reduces the sense of massing. Has this requirement been met? Yes / No c. Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along Chase adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear 5 City Commission Mee#ing an January 4, 2011; Item 9.C. feet {or fraction thereof} is provided; trees exceed the required height at time of planting by 25°/a or mare; and a hedge, wall or fence is provided as a visual buffer between the properties. The property is bordered on the north by RM {Multiple Family Residential -Medium Density) and R-1-A (Single Family Residential}, and on the west by SAD (Special Activities District)[Silver Terrace Subdivision], which all have lower allowed densities than the subject property. The following table identifies the required, increased, and provided setbacks adjacent to these properties: Boundary Yard Required Building Iota] Increased Setback Setback Setback 2S% Provided Single Family Side 0' Ia' 39' Residences Interior Heritage Club Side 0' 0' 65' Interior Park Place Side 0' d' 67' Interior Silver Terrace Rear 10' 12.5' 47.37' Subdivision The perimeter trees along the north and west sides of the property include 15-foot high Live Qak trees, 1 a-foot high Mahogany trees, 12-foot high Lavender Crape Myrtle trees, and 12-foot high Glacous Cassia These trees will be under- planted with Golden Duranta, Green Buttonwood, Green Island Ficus, and Sword Fern. The development proposal also includes a 3-foot high fence along the east and west sides of the single family residences and a a foot fence along the western perimeter of the property. Pursuant to LDR Section 4.6.16{E}{5}, the Glacous Cassia and the Lavender Crape Myrtle are required to be a minimum height of 15 feet at the time of planting and this is attached as a condition of approval. Has this requirement been met? Yes / No d. The developmen# offers a varied streetscape and building design. For example, setbacks are staggered and offse#, with varying roof heights (for multi-famlly buildings, the planes of the facades are offset #o add interest and dis#inguish individual units). Building 6 City Commission fNeeting on January 4, 2019; Item 9.C. elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc, The building style of the apartment complex is an ecleckic contemporary interpretation. The elevations contain numerous plane changes, which creates interest and shadowing effects. The project contains 7 different variations of build'mgs based on the sizelnumber of units for each building. The architectural representation remains constant in each. However, building types #1, #2, #5, and #6 contain a large blank wall on the garage side of the units. The use area behind this wall is bedrooms within the units. These building types should be redesigned to provide windows for these bedrooms or vertical and horizontal elements to provide in#erest and this is attached as a condition of approval. Has this requirement been met? Yes / No e. A number of different unit types, sines and floor plans are available within the development in order to accommodate households of various ayes and sizes. Multi-family housing will a# a minimum have a mix of one, two and three bedroom units with varying float plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units wi#h varying Haar plans. The development proposal includes 72 one-bedroom dwelling units, 92 two-bedroom dwelling units, and 16 three- bedroom dwelling units. These three unit types have a total of 7 i different floor plans. Has this requirement been met? Yes / Nv The development is designed to preserve and enhance existing natural areas andlor water- bodies. Where no such anus exist, new areas which provide open space 7 City Commission Meeting on January 4, 2D1'E; Item 9.C. and native habitat are created and incorporated into the project, 9• The property does not contain an existing natural area yr water body that warrants preservation and the proposal does not include the creation of a meaningful native apes space habitat. The City Commission approved the project known as Latitude Delray (fka Lindell Square), which did not provide the natural area on-site. It was determined as part of the conditional use approval process for Latitude Delray that the applicant would contribute 1 % of the property assessment toward the improvement of Leon Weekes nature preserve, which is located an the west side of ~Id Dixie Highway and the FEC Railroad right-of--way. Since the applicant has not provided a meaningful natural area on the subject property, it is .recommended that off-site mitigation be implemented. There are several opportunities that may be utilized for mitigation purposes such Atlantic Dunes Park, the municipal beach dunes, or Leon Weekes nature preserve. According to the Palm Beach County Property Appraiserrnformation the assessed value of all the properties involved wi#h the application is $4,887,185. The contribution of 1 % would result in the remittance of $48,871, which will be used toward the off-site mitigation of a natural area within the City. A condition of approval is attached that the applicant contributes $48,871 prior to issuance of a building permit. Has this requirement been met? Yes / No The project provides a convenient and extensive bicyclelpedestrian network! and access to available transit. The project area is a relatively compact urban development that does not have the more pastoral characteristics of a suburban development, which would warrant bicycle lanes. The development proposal has a poor pedestrian system with few or no pedestrian connections, especially to key points such as the tot lotldag park, dumpster enclosure, and clubhouse and pool. It is recommended that the long stairs on the garage side of the units be converted to two-flight stairs, which should provide an opportunity to have sidewalks. A condition of approval is attached the pedestrian 8 City Commissian Meeting on January 4, 2019; Item 9.C. system is redesigned to provide connections for all dwelling units. Has this requirement been met? Yes ~ No 3. Parking Requirements: Per LDR Section 4.fi.9(C)(2)(c), packing for multi-family residential structures must be provided pursuant to the following: • Efficient dwellin unit l.0 spacelunit • One bedroom dwellin unit 1.5 spaces/unit • Two ar more bedroom dwellin unit 2 spaces/unit • Guest parking shall be prouided cumulatively as follows: - for the frst 20 units 0.50 s aces/uiiit - for units 21-50 0.30 s aces/unit - for units 51 and above 0.20 s aces/unit Based on the above, the proposed development (72 one bedroom units, 92 two- bedroom units, and 16 three-bedroom dwelling units) is required to provide 369 parking spaces. Has this requirement been met? Yes / No 4. Perimeter Landscape Strip: Per LDR Section 4.6.1fi(H)(3)(d}, a 5-foot landscape strip is required between off-street parking and vehicular use areas and abutting properties. The required landscape strip does not appear to have been provided along the north and south sides of the property due to the encroachment of the vehicle overhang. A technical item is attached that dimension of the landscape strip be provided on the plans and that they are a minimum of 5 feet. Has this requirement been met? Yes ~ Na 5. ~eciai Landscape Setback: Per LDR Section 4.3.4(H)(6)(b), a 25-foot special landscape setback is required along Federal Highway. Within this special landscape setbacks, no structures shall be altered, erected, or reconstructed; nor shalt any paving be allowed except for driveways and 9 City Commission Meeting on January 4, 2091; Item 9.C. sidewalks which lead to structures on, or provide access to, the site and then only when generally perpendicular to the frontage. The proposed decorative fence encroaches into this rewired special landscape setback. A waiver request will be submitted and considered by the SPRAB during the site plan .review process for this fence. Has this requirement been met? Yes / Nv~ 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 i#s findings in the record submitted and adopts the facts contained 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 #o the conditions attached hereto in Eachibit "B" and hereby adopts this Order this 4th day of January 2011, to of 5. in favor and 0 opposed. Nelson S. McDuffie, Mayor TTE Chevelle Nubin City Clerk 10 City Commission Meeting on January 4, 2{i11; Item 9.C. EXHIBIT "B" Conditions Related to Franklin at Delray Beach Conditional Use 1. Approval of a site plan by SPRAB #hat is in genera! conformance to the submitted sketch plan and addresses the "Exhibit "A" -Technical Items" attached in the staff report. 2. That a workforce housing covenant ~LDR Section 4.7.5{a)] be submitted, approved by the City Attorney's Ofhce and recorded. The covenant needs to include a monitoring provision that conveys monitoring authority to the City of Delray Beach. 3. That the rewired buffer trees along the north and west sides of the property are a minimum height a# 15 feet at the time of planting. 4. That the applicant contributes $48,871 prior to issuance of a building permit for the nature area mitigation. 5. That building types #1, #2, #5, and #5 are redesigned to provide windows ar vertical and horizontal treatment for the blank wall area on the garage sides of the units, details to be worked out with staff. fi. That the building elevations be revised to include varying architectural treatments and wall stances #or the garages, architectural details to be worked out with staff. 7. That the tat fat be designed in a location that meets~staff approval. 8. That the crosswalks be raised or have other trafiFit Calming where raised crosswalks are not possible, with the requirement that a raised crosswalk be across the main drive between building six and the recreation building. 9. That the pedestrian system is redesigned to provide connections for all dwelling units and recreational amenities, where possible. 10. That language is included in the leases that require utilization of the garages for tenant vehicle parking. 11. That the barriers that restrict access to SE 12i~' Road be eliminated. 12. That the parking distribution be analyzed and adjustments made to provide adequate parking particularly in the northern portion of the development, to the satisfaction of staff. 13. That all of the recreation facilities currently proposed to be accessible to teenagers. 1 City Commission Meeting on January ~F, 2091; Item 9.C. WHEREAS, February is designated as black history month and African Americans have contributed immeasurably to the richness of our dynamic, multicultural society. They embody our Nations core values, including devotion to family, commitment to hard wark and pride in their heritage, and have added to every aspect of our national life; and WHEREAS, we must bear witness to the progress, richness, and diversity of African American achieveme~lt; and WHEREAS, the preservation and conservation of African American heritage and culture are important to our history; and WHEREAS, an observance of African American achieven~alt has been recognized since 1926; and WHEREAS, it is important that ~ share this celebration of the human spirit as demonstrated by the traditions and legacies of our African American citizens. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of Febn~ary, 2011 as BLACK HISTORY MONTH and encourage all of our residents to join in this recognition of the accomplishments and contributions made to our community and countryby African Americans. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 18~ day of January, 2011. NELSON S. McDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Manager THROUGH: David Harden, City Manager DATE: December 27, 2010 SUBJECT: AGENDA ITEM 7.B. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 RESOLUTION N0.03-11 ITEM BEFORE COMMISSION Resolution honoring Officer Thomas Quinlan for 30 years of service BACKGROUND In accordance with the City's service award policy, employees with 30 years of continuous full-time service are to be honored by the City Commission with a resolution. Thomas Quinlan, Police Officer will have achieved this milestone on January 5, 2011. RESOLUTION NO. 03-11 A RESOLUTION OF THE CITY COMMSSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND CONII~~NDING THOMAS J. QUINLAN FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Thomas Quinlan was hired by the City of Delray Beach as a Police Officer on January 5, 1981 and on January 5, 2011 reached a milestone in his career, having achieved thirty years of full-time service with the City; and WHEREAS, Thomas Quinlan has served this community with honor and distinction as a Police Officer, Acting Sergeant and eleven years as Career Officer 3; and WHEREAS, Thomas Quinlan has had a diverse career with the Delray Beach Police Department to include Crime Scene Investigator, Detective, SWAT Team Member, Dive Team Member and Field Training Officer; and WHEREAS, the City of Delray Beach and the Delray Beach Police Department are honored to have had Officer Thomas Quinlan as a valued member of the municipal team over the past thirty years and he will be missed by his co-workers and the entire city staff. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Thomas Quinlan for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Thomas Quinlan for his many years of service, and wishes him the best of health and happiness in his retirement. PASSED AND ADOPTED in regular session on this the 18th day of January 2011. MAYOR ATTEST: CITY CLERK Res No. 03-ll RETIREMENT AWARD Presented to Thomas J. Quinlan As a token of our esteem and gratitude for your 30 years of outstanding contributions and distinguished service to The City of Delray Beach Police Department January 5, 1981 -January 5, 2011 3 Res No. 03-ll MEMORANDUM TO: Mayor and City Commissioners FROM: Amy Alvarez and Danielle Pearson, SPIRIT Co-Chairpersons Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: January 11, 2011 SUBJECT: AGENDA ITEM 7.C. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 PRESENTATION OF QUARTERLY SPIRIT AWARD WINNERS ITEM BEFORE COMMISSION The item before the City Commission is the recognition of two (2) quarterly winners chosen by the SPIlZTT Committee for their service, performance, integrity, responsibility, innovation, and teamwork. BACKGROUND The City of Delray Beach implemented the SPIRIT Quarterly Award Program in April 2006. The main objective of the SPIlZTT Program is to award the efforts of employees who provide outstanding quality service to our City. Winners for the last quarter are: Officer Jeffrey Miller, Police Department; Sergeant Scott McGuire will present the award. Ricky Adams, Jesse Melendez, Willie Sumler, Parks and Recreation Department; Jennifer Buce will present the award. EXHIBIT A >/~ ,'~ ~y4~;,,;~''') ~~ +! `3 }S 4 7' '' ~• ors i~ rs+e QE~.,.w SPIRIT Award Nomination Form , Nominee lnformatton: ~~,~ ~n ~, Name; .o~1.Q_.2 Q~C~~t_..Q~ .. Department: ~/~lr Phone #: Nominator Information: Name:, 11.01111 ~ ~t1P Department: t`Y~:.-~-tY]~ Phone # o~ ~3-~ i 3 Signature: 1''.~tl,~,ts~d,t Date: 1~2 ~7 ~yU The City of Delray Beach SPIRIT Award Program awards and recognizes employees for their exemplary actions in following the City's Core Beliefs by providing exceptional Service through Performance by acting with Integrity, being Responsible, faking Innovafive action, and practicing Teamwork. Any City Employee may be nominated provided that he or she has demonstrated {a) an inciden# outside the normal scope of job responsibilities, (b) a history of exemplary City service through actions which display SPIRIT or, (e} an act or event which positively impacts the city, community, or general public. Please use the space provided below explaining the employee's exemplary service. Feel free to attach any supporting documentation i.e. photos, comment cards, etc. Nominations must be submitted to Human Resources no later than the is' Friday of tike months of October, January, Aprfl, and July. Spirit Award Nomination Nominee Information: Ricky Adams Parks and Recreation Jesse Melendez Willie Sumler Jennifer suce Community Improvement Isar the past two years, Rfeky and his crew have been involved with the Carver Middle Schnal Mnrning Program. The interior of Carver Middle Schaol has a courtyard with d squares, each square has been transformed into same type of garden, one a butterfly garden, one a vegetable garden and this year, the children will be creating a "good luck circle" from a book that they read last year. Ricky and his crew came in and helped the children pull out all of the ofd plants and weeds sv that these squares could be transformed. They brought extra tools, gloves, their patients and expertise and worked closely with each child as they recreated these areas. Last year in the vegetable garden, the children were able to donate 37 pounds of vegetables to the caring kitchen. These three individuals provided ail of the City's core beliefs by praviding a service and Integrity to Carver Middle School and the children. The children would have never have been able to do this an their own. Their performance was above and beyond the call of duty and they showed teamwork by working with each of the children. They showed responsibility because our preteens were working with dangerous tools and they made sure they were using them the correct way. Most of all, the innovative action has lead the children to wanting to have a garden club after Schaal. Every time, I run into Ricky he ask when the next project will be. Ricky actually looks forward to working with the chlldrenl We thank you so much for all of your efforts for the last couple of years. EXHIBIT A n o FB cs~~, <4 F s~~_E:~~ jr's:r+;rrt~ reop SPIRIT Award Nomination Form Nominee Information: Name:~e~~ ~r ~ 1 of Department: ~~ ~3C~ ____ ._ Phone #: Nominator Information: rr.. ~ Name: ~~ ~~ ~~~ C~~.t +`~ Department: f~ ~c C ~ Phone # Signature: ~ rV~L~ ~fiU ~ f2- Date: ~~ The City of Delray Beach SPIRIT Award Program awards and recognizes employees for their exemplary actions in following the City's Core Beliefs by providing excep#ional Service through Performance by acting with Irttegrify, being Responsible, taking lnnovalive action, and practicing Teamwork. Any City Employee may be nominated provided that he or she has demonstrated (a) an incident outside the normal scope of job responsibilities, (b) a history of exemplary City service through actions which display SPIRIT or, (c) an act or event which positively impacts the city, community, or general public. Please use the space provided below explaining the employee's exemplary service. Feel free to attach any supporting documentation i.e. photos, comment cards, etc, Nominations must be submitted to Human Resources no later than the 1$t Friday of the months of October, January, April, and July. DELRAY BEACH POLrCE DEPARTMENT MEMORANDUM TO: SPIRIT Award Committee Hur~~ara Resources Division FROM: Sergeant Scott McGuire ,S~I.`1Yl Bravo Days Community Patrol DATE: September 1, 2010 SUBJrCT; S~?~121T_ QUARTERLY AWARD ~ OFrICER JEF'r M1;LLER I would like to take this opportunity to recommend Offrcer Jeffrey Miller for tl~e Quarterly SPIRIT Award (Oct 2010j. On August 24, 2010, Officer Jeff Miller responded to a call of child neglect (Case #10-2329'0. During his investigation he found or-t that this case simply involved a family in need. The rxrother had lost her job and was struggling to provide for leer family. Little food and no bedding (furniture and sheets) were the immediate concerns, Jeffrey Miller decided to step in and make a difference. He also did this as a Field Training Offrcer showing his current trainee, Offreer Lundgren, another side of haw a police officer can help others. 3effi•ey Miller obtained some assistance frorrr Publix supermarket and was able to help by providing extra food far the children. He then put out an email requesting some assistance with bedding. He was then able to get some bedding arTd firrniture (bunk bed for the kidsj, and even purchase some of the litres with some of his own money. And if this wasn't enough, Jeffrey Miller was able to get a bicycle for one of the children as the child's bike was recently stolen, I thir~lc it's easy to see that Offrcer Jeffrey Miller represents everything the SPIRIT Award stands fax, acrd not to mention he did this in his capacity as a Field Training Officer in front of a-i impressionable new affrcer. Jeff sets a positive example of rrraking a difference and should be commended far his efforts. Thank you in advance for the consideration. STM/691 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 10, 2011 SUBJECT: AGENDA ITEM 7.E. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 RECOGNIZING AND COMMENDING BEVERLY WRIGHT, CERINA ANDERSON AND PATRICIA FLOWERS ITEM BEFORE COMMISSION This item is before the Commission to recognize Beverly Wright, Cerina Anderson and Patricia Flowers for their contributions to the Annual Youth Summit and the planning, organizing and implementation of the Brandon Flowers Football Camp. BACKGROUND On July 9, 2010 the Police Deparment held its Annual Youth Summitt, which Beverly Wright, Cerina Anderson, and Patricia Flowers planned, organized and supervised. Over 1,200 children ages 5 to 18 attended. Additionally, on July 10, 2010 Beverly Wright, Cerina Anderson, and Patricia Flowers assisted with planning, organizing and implementing the Brandon Flowers Football Camp. Each of these events began several years ago as small projects, but grew over time into major events that encompassed children from the tri-county area. MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E., Assistant City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 12, 2011 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 SIDEWALLK DEFERRAL / 1109 BEACH DRIVE ITEM BEFORE COMMISSION Acceptance of Sidewalk Deferral along Beach Drive for property located at 1109 Beach Drive. BACKGROUND Property is located on the north side of Beach Drive, west of Andrews Avenue and south of the Intracoastal waterway loop. The existing one story single family residence was demolished and a new two story single family residence with a garage and pool is being constructed. Currently, there are no plans to install a sidewalk along Beach Drive. RECOMMENDATION Sidewalk deferral was recommended at the December 31, 2010 DSMG meeting. Prepared By: RETURN TO: R. Bria~i Shutt, Encl. City Attojney's Office 200 N. W. 1st Ave~ine Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of 2Q_, between the City of Delray Beach (hereinafter the City) and ~c~~r. ~1~.~ ~ o~PS~t. hereinafter the Owners), for the purpose of waiving tl~e xequirement of the t~~ ~ installation of a sidewalk along ~ ec~~~ ,~f~+v~ until such tune as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6,1.3(C) requires the installation of a sidewalk, within the ~} ~ ~~~ ~ (~,i ~ ~. right-of way in~tnediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of tl~e installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. Page 1 of 3 WITNESSETH NOW, THEREFORE, in witness of the above and in coiisidcration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for tl~e property located at: a c~Q. G J- n1Tl~ a c.. !~- ~ 1 2. ~ tf 3' ^ K ~ _ b ~...:°.,~ ~~ - D dD ~- or, S •~ nRG~ ~ ~aRtfr C o ~,ru i ~, , P~ 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, alo~ig tl~e ~cµ orz t v ~ , right-of--way abutting the subject property, within a dine pox•iod that is acceptable to the City, after being requested to do so by the City, The sidewalk, when constructed, shall meet all of the cu~'rent ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run ~vith the land, This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns, IN WITNESS WHEREOF, khe parties to this agreement set their Bands and seals this day of ATTEST: City Clerk Approved as to form and sufficiency: City Atkorney 200 . Pnge 2 of 3 CITY OF DELRAY BEACH, FLORIDA By; Mayor WITNESSES: ~~,, //,, G~^ {Please type of print OWNER: By: (Please type or prit4t name) STATE OF COUNTY OF ° BEFORE ME ersonall a eared ~~ ~ wh is: are p Y pp [ ] personally known to me or [has] [have] pro red Glf~`Vt(S ~i~.~~~. , ................--- [and respectively] as identification, and wl~o executed the foregoing instru9nenf, and acknowledged before the that [he] [she] [they] executid said instt~9ment for the purposes expressed tliereiu. ~ WITNESS nay hand and official seal this ~~day o~ ~2p~C~ My commissio9i expires: tary >>~~~,SIY F•VO ~$°,~.`~% # : ' = MINEftUA YANES {Seal] Nolary Public • StaEe of Florida ~9y Commfsslon Explr©s Jan 2f 209 ''~"~ ` a°~~ ~~~ ""~ `~ , 2 Commission It OE? 750450 uuut '~ ` DondedThroughNalionaiNotarygssn, "' Sze .3~;P.~ agt/siciewalk dcfciral agreeEnent Page 3 oJ3 ,; ~,~ s iii III. ~ i ~ n j:, i".. h ', i. IIII, +„ , ~:. ~, :.. i, ~~. lii i r ~: I Ill Ji SITE I ~~ ,,, viii.. 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'~ i , i a „,. ,., ui I dy, i/ r ,, i „~ r ~" u II ~~ . ~ v,. r .~ ~ ~~~ ~~.i~, ~ i il!II!. 0I 1. ~ ~ / ~'Ih 'i '~ j ' s:%a ..r r ~., 1• ~iiVr f1 iii- ~ ~.,~,... li ~1... ~. 1 /;~~ //y ii u I /~ ~ ~ ~ ~ N~. I ii // // l/! ~i, /l I l I ~ . ~ ~~ ! /:. ~S i .. ~.~:' ~~l ,: ,. ~ ~~ ~ ~ %(..~ i~ V I ' i ~~ ti l .~~~ . III ~'. ~I ~ Y ~ i I I V .i r ~i I ~~ I l ~ ~ / I / ~ %- ~ ~~ i /` ~ ~ 4. l ~, i, iii. ~ r i 1. iii )./, C ~ w 'I .. ~ii / ~~~' ~ . ~.,i~. ~: , i. / / t ".' rti ~. .,. .. .i~,l ~ / ~~ iii Q ~'~ ~ lii i r ~ /c , viii r, I I 'il i ~ ".. ~ r / Ir ' i r.i / ln, gym.: ~. . ~ I ' ~ ' i, ,- i iii it II l ..'. i~ ~~, is i ~ ".:I~ ,~ ....~ i :~ iY S ri ~ . ~ /., .~. ~ : , I ~ ~ ~ CITY of DELRAY BEACH ®g ENVIRONMENTAL SERVICES DEPARTMENT HOESLEY RESIDENCE DATE:01/13/2011 1109 BEACH DR. LOCATION trIAP TAC ID#450 ®~ 434 BOViH BWNTON AVBrUE, DELRAY BEACH, ROFIDA 33444 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: PAUL DORLING, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: January 12, 2011 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 AMENDMENT NO.2 TO THE AGREEMENT/ DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEPT ITEM BEFORE COMMISSION The action requested of City Commission is that of approving amendment No. 2 to the Department of Environmental Protection (DEP), Contract No. 0$PB2 between the City and DEP for the state's cost sharing for the Beach Renourishment Project. BACKGROUND The original DEP Contract 0$PB2 was executed by the City on September 23, 200$, and represented a project agreement between the State and the City of Delray Beach for state cost sharing not to exceed $37,542. The contract was subsequently amended on December 30, 200$ to accommodate an increased reimbursement rate resulting from including a 3rd year of tasks which increased the State's cost sharing total to $56,197. The current amendment will slightly reduce the State cost share from $56,197 to $53,444 due to a corresponding increase in the federal cost sharing portion. The original contract contained a 50°Io and 54.45°Io Federal cost share rate when the actual federal commitment is 56.33%. The contract modifications have been reviewed and approved as to legal sufficiency and form by the City Attorney. RECOMMENDATION By motion, approve amendment No. 2 to DEP. Contract # 08PB2 between the City of Delray Beach and DEP for the state's cost share of the ongoing Beach Renourishment Project. AMENDMENT No: 2 DEP AGREEMENT No: 08PB2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR DELRAY BEACH NOURISHMENT PROJECT THIS AGREEMENT as entered into on the 23rd day of September, 2008, and amended on the 30fh day of December 2008, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and the CITY OF DELRAY BEACH, a local governnment, {hereinafter referred to as the "LOCAL SPONSOR"} is hereby amended as follows: WI-IEREAS, the LOCAL SPONSOR has requested and the DEPARTMENT has agreed to reduce funding for this Agreement due to an increase in federal funding; and, WHEREAS, other changes to the agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows: Paragraph 2 is hereby deleted in its entirety and replaced with the following: This Agreement shall begin on fhe last date executed and end on December 31, 2011. If work identified in the approved Project Work Plan is completed prior to the date shown in the first sentence of this paragraph, the modification will be reduced to writing in an amendment to this Project Agreement. Paragraph 7 is hereby deleted in its entirety and replaced with the following: The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT task, as specified in Table 1 below. It is understood and agreed that the detailed Scope of Work shall include a narrative description of each task, a corresponding detailed budget for each deliverable under that task and a schedule for completion of each task and deliverable. Approval of the Scope of Work for each task will be in the form of an approved amendment to this Agreement. The DEPARTMENT may require at least ten percent (10%) of the total cost share for a specified task be forfeited for failure to obtain prior approval, through an executed amendment, from the DEPARTMENT for a specified task. REMAIl~IDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 08PB2, Amendment No. 2, Page 1 of 5 • Paragraph 8 and Table 1 are hereby deleted in their entirety and replaced with the following: The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: 'rART.Ti.1 Task # Eli ible Pro'ect Tasks Estimated Pro'ect Costs Federal DEP Local Total 4.0 Monitorin 4.1 1St and 2" Year Monitoring of the Post Hurricane Beach Nourishment $89,744 $34,788 $34,787 $159,319 4.2 3r`~ Year Monitoring Post Construction Monitorin $48,128 $18,656 $18,656 $85,440 TOTAL PROJECT COSTS $137,872 553,444 $53,443 $244,759 Prior written approval froze the DEPARTMENT' S Project Manager shall be required for changes within approved deliverable budget categories up to 10% of the total deliverable budget amount. The DEPARTMENT'S Grant Manager will transmit a copy of the written approval and revised budget to the DEPARTMENT Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than 10% will require a formal change order to the Agreement. • Paragraph 9 is hereby revised to change the amount of funding from the DEPARTMENT under this Agreement from $56,197 to $53,444. + Paragraph 10 is hereby revised to replace the third sentence as follows: Any modifications to the estimated TOTAL PROJECT COSTS shown in Table 1 above, shall be provided through formal amendment to this Agreement. s Paragraph 12 the following language is hereby added to the Agreement: The life of the PROJECT is defned as ten (10) years commencing upon execution of this Agreement and re-initiated upon.. execution of subsequent amendments to this Agreement for additional funding. Paragraph 13 is hereby revised to replace the fourth sentence as follows: These forms are to be submitted upon completion of the deliverables. • Paragraph 13 the following language is hereby added to the Agreement: The final payment will not be processed until the match requirement has been met. ® Paragraph 14 is hereby revised to replace the first sentence as follows: The DEPARTMENT's Bureau of Beaches and Coastal Systems shall have thirty (30} days after receipt of each request for reimbursement to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the request for payment. DEP Agreement No. OSPB2, Amendment No. 2, Page 2 of 5 Paragraph 15 the following language is hereby added to the Agreement: The-term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31. The timely submittal of these quarterly reports will result in points ,for the ranking of future projects under the Beach Management Funding Assistance Program Paragraph 19 is hereby revised to change the DEPARTMENT'S Project Manager to Benjamin R. Buda, III, Phone: 850/922-7721. ® Paragraph 19 the following language is hereby added to the Agreement: The LOCAL SPONSOR will be notified in writing of any changes to the DEPARTMENT' S Project Manager information:. • Paragraph 25 the following language is hereby added to the Agreement: C. In addition, the LOCAL SPONSOR agrees to complete and subunit the Attachment G, Certification of Applicability to Single Audit Act Reporting„ attached hereto and made a part hereof, within four (4} months following the end of the LOCAL SPONSOR'S fiscal year. Attachment G should be submitted to the DEPARTMENT'S Grants Development and Review Manager at 3900 Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida 32399-3000. The Grants Development and Review Manager is available to answer any questions at (850) 245- 2361 Paragraph 34 is hereby deleted in its entirety and replaced with the following: The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT'S Project Manager. The payment terms of subcontracts (other than construction and the purchase of commodities) shall comply with the terms of this Agreement (for example, if payment under this Agreement is being made on a cost reimbursement basis, then the subcontract should also be cost reimbursement). The LOCAL SPONSOR shall submit a copy of the executed subcontract to the DEPARTMENT within ten (10} days after execution. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract: It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, F.S. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 08PB2, Amendment No. 2, Page 3 of 5 • Paragraph 38 is hereby deleted in its entirety and replaced with the following: The DEPARTMENT may at any time, by written order designated to be a change arder, mare any change in the Project Managez information or task timelines within the current authorized Agreement period. All change orders are subject to the muttiial agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the LOCAL SPONSOR'S cost or time, shall require formal amendment to this Agreement. Minor modifications which will be handled with a change order include notification of a change in Project Manager, modification of deliverable due dates when such change does not involve an extension, and modifying the Project Work Plan when such madifications would not involve adecrease/increase in cost or an extension of the performance period of this Agreement, + Paragraph 43 the following language is hereby added to the Agreement The )•lrnnigration Reform and Control Act of 1986 prohibits employers from knowingly hiring illegal workers. The Grantee shall only employ individuals who may legally work in the United States -either U.S. citizens or foreign citizens who axe authorized to wank in the U.S. The Grantee shall use the U.S. Department of Homeland Security's E-Verify Employment Eligibility Verification system to verify the employment eligibility o£ • all persons employed by the Grantee, during the term of this Agreemen#, to perform employment dirties within Florida; and, • all persons {including subcontractors and subxecipients) assigned by the Grantee to perform work pursuant to this Agreement. The Grantee shall include this provision in all subcontracts/subgrants it enters into for the performance of work under this Agreement. + All zeferences to Attachment A-1, respectively, is hereby deleted and replaced with references to Attachment{s) A-2. Attachment A-1 is hereby deleted in its entirety. • Attachment A-2 as attached hereto is hereby added to the Agreement. + Exhibit lA to Attachment F is hereby deleted in its entirety and replaced with Exhibit 1B, attached hereto and made a part hereof. + Attachment G, as attached hereto is hereby added to the Agreement. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. REMAINDER OF PAGE 1NTENTIONALLY LEFT BLANK DEP Agreement No. 08PB2, Amendment No. 2, Page 4 of 5 IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. CITY OF DELRAY BEACH By: Title: *Mayor Date: FEID No.59-6000308 Grantee's Attorney "Attested" by the City Clerk FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Secretary or designee Date: [\`~ `` 4 Department of Environmental Pro ction Grant Program Administrator APPROVED as to form and legality: Departure t of En ' onmental Protection Attorney *If someone other than the Mayor signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement.. List of Attachments/Exhibits included as part of this Agreement: Specify Letterl Type Number Description (include number of pages) Attachment A-2 Project Work Plan (2 pages) Attachment F Exhibit 1B (page S of 5} Attachment G Certification of Applicability to Single Audit Act Reporting (3 pages) DEP Agreement No. 08PB2, Amendment No. 2, Page 5 of S ATTACHMENT A-2 GRANT WORK PLAN Project Title: Delray Beach Nourishment Project Project Location: The PROJECT spans 2.7 miles of beach between reference monuments R175 - R188 within the City of Delray Beach in Pahn Beach County, FL. Project Background: The project was initially constructed in 1973, with maintenance in 1978, 1984, 1992, 2002, and 2005. The next maintenance nourishment is scheduled for 1~Y 2011-2012. Staff bas determined that 100% of the project area is eligible for state fending. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEPARTMENT permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall cotxrply with the standard technical specifications contained in the DEPARTMENT'S Regional Data Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work (herein after referred to as SOW) for an eligible PROJECT item. These plans may be found at http:/lwww.dep.state.fl.uslbeacl~esl. Three (3) originals and one (l) electronic copy of all written reports developed under this Agreement shall be forwarded to the DEPARTMENT, unless otherwise specified. Project Description: ~.0 Monitoring A monitoring program conducted in accordance with the requirements specified in any and all permits issued by the Department and the US Army Corps of Engineers. A monitoring plan must be submitted and approved in writing by the Department prior to the initiation of monitoring activities. The plan shall be developed in a manner that will coordinate the monitoring activities associated with current shoreline stabilization projects located within or adjacent to the project area and with the Department's Regional Coastal Monitoring Program. 4.1 1st and 2nd Year Monitoring of the Post Hurricane Beach Nourishment Physical Monitoring Services -The work will include collection and analysis of 2006 and 2007 hydrographic and topographic survey data. Performance Standard: Work products and deliverables must meet specifications of the approved physical monitoring plan and all applicable permit requirements. Deliverable: 2006 Post-Construction Physical Monitoring Report Completion Date: December 31, 2011 Cost: $37,570 {State Share $8,204) Deliverable: 2007 Post-Construction Physical Monitoring Report Completion Date: December 31, 2011 Cost: $44,249 (State Share $9,662) Sea Turtle Monitoring Services -- The work will include collection and analysis of 2006 and 2007 sea turtle nesting survey data. Performance Standard: Work products and deliverables must meet specifications of the a licable ermit re uirements. DEP Agreement No. 08PB2, Amendment No. 2, Attachment A-2, Page 1 of 2 Deliverable: 2006 Sea Turtle Monitoring Report Completion Date: December 31, 2011 Cost: $38,750 {State Share $8,461} Deliverable: 2007 Sea Turtle Monitoring Report Completion Date: December 31, 2011 Cast: $38,750 (State Share $8,461} 4.2 3rd Year Post Construction Monitoring Physical Monitoring Services -'The work will include collection and analysis of 2008 hydrographic and topographic survey data. Performance Standard: Work products and deliverables must meet specifications of the approved physical monitoring plan and all applicable permit requirements. Deliverable: 2008 Post-Construction Physical Monitoring Report Completion Date: December 31, 2011 Cost: $46,690 (State Share $10,195) Sea Turtle Monitoring Services -The work will include collection and analysis of 200& sea turtle nesting survey data. Performance Standard: Work products and deliverables must meet specifications of the applicable permit requirements. Deliverable: 2008 Sea Turtle Monitoring Report Completion Date: December 31, 2011 Cost: $38,750 {State Share $8,461) ALL TASKS ARE CONTRACTURAL S~KVt~;t;~ DEP Agreement No. 08PB2, Amendment No. 2, Attachment A-2, Page 2 of 2 ~I z~ 0.1 ~~ H W O O w O C/) C~ ~` O P~ O H A 0 .~ °~' '~ ~°o- cd ~ O ~~ l~.i o ~"` ~f 74 Ai 'LS ~ d ~1 ~. ~° w 0 g .a i y E-~ © W ~ Q ~ ~ ~ U Q-c D . ~ 0 U C ai 43 Yr w Q ~ ~ ~ ice, b d ~V N ~ d ~ ~ ~ ~ ~ ~, ~ ~ ~ ~ a~i ~~~ a ~o y ~ wwz ~ "~ QH o ' .~ o N N ~ N ~ U o •~ a~ +~.+ ~ ~+ N O O c ~l O O V ~ ~ C/] ~ ~ mil' U ,--~ om CS' •.-, ~t ,--~ ~ •-~ r', ~ + n . ~ 4 ,~ ~ ~' ~ ~+~ ~ ~ ~ ~ V1 O O O O © O O O O O ai .P" ~ y~ ~ ~ O ~ ~ ~ ~ A C~ ~ b4 crl ~ ~ N M-~ l6 ~ [~ N N ~ ~ ~ ~ V U N ~ C~ . - 6R b9 6R ~ D ~ ~ ~ ~ o ~ ~ o ~ ~ 3 .~ ~ ~ v, o ~ ~ "~ ~ ~ ~ ~ ~ ~ ~ ~~ a~ a~~ Q ~~ ~ FI ~ N N ~ ~ ~ C 7~ N ~ -l o ~ cii rn ~ ~h ~ oo ~ ~ J t ~ ~ ~ ~ ~ a~ ~ ~ ~ U U U ~ ~ 'y ~-+ U ~ ~ ~ S ~ 5 ~ ~ ~ Ql .~ p +..~ "~ cd ~a U cC ~ v cq ~ ' ccl ~ ~ O ' ^' U y .~ ~ ~ Qi ~ di ~ Qi ~ di ~ ~ ~ ~ ~ ~ U ~ ~m W m m o cn , ~ ~`' a ~~ o O" a! U a i ~ O ~ O n O ~ ~ ~ ~ ~ Z m m c *i m ' o '~ .~ ~ L ~ , „~ 3 0 ~ ~ '~ v y o ° ~ ° Q ~~ o U ~ +~ o ~ ~, ~ N N o N (V U .~ .U ~ ~ N ~ a~ ,~ as ~ a • ~ ic! c d ~ N •~ U ~ l+'1 ~ ~ ~ ~ M ~ 00 M b •~~- ~~,// Fl ~ +~ ~i ~ ~ ~ ~ ~ ~ a ~ ~ ~~ ~ o ~ ~ +' ~ on ~ ~ ~ ~ ~ ~ ~ ~ ~ c~ ~ ~ ~ c'oa .~ ~ w~~ 7 ,~~~ ~ a~~ T ~~;~a a~~ U ~ 0 o ~ ' O ~ o ~ O ~ o u ~ O ~ o ~~ m Q b[~c,.., WR' C7WP4 C7WP~ C7 WP4~ ~~ ' ~ ,... u ~h ry +~ ~ +-+ +' ~~ ''' ~N o `A ~~ ~o ~ ~ .fl.~ ~ .~ ~ . O . O . wzo o z z ~,~'~~ ~ ~ ~ ~ c° ~ ~ .~ ~ V1 O ao cd W fir' N O b ri 0 z a}] ol) a Q ATTACHMENT G CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING Local Sponsor's Name: City of Delray Beach Local Sponsor Fiscal Year Period: FROM: TO: ~ Total State Financial Assistance Expended during Local Sponsor's most recently completed Fiscal Year: Total Federal Financial Assistance Expended during Locai Sponsor's mast recently completed Fiscal Year: $ _ DEP Agreement No. 08PB2, Amendment No. 2, Attachment G, Page 1 of 3 INSTRUCTIONS FOR COMPLETING THE ATTACHMENT Local Sponsor Fiscal Year Period: FROM: MonthlYear TO: ManthlYear NOTE: THIS SHOULD BE THE LOCAL SPONSOR'S FISCAL YEAR FROM (MONTHIYEAR} TO (MONTHIYEAR}. Total State Financial Assistance Expended during Local Sponsor's most recently completed Fiscal Year: NOTE: THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL ASSISTANCE EXPENDED FROM ALL STATE AGENCIES, NOT JUST DEP. Total Federal Financial Assistance Expended during Local Sponsor's nnost recently completed Fiscal Year: NOTE: THIS AMOUNT SHOULD SE THE TOTAL FEDERAL FINANCIAL ASSISTANCE EXPENDED FROM ALL FEDERAL AGENCIES, NOT JUST THROUGH DEP. The Certification should be signed by your Chief Financial Officer. Please print the name axed include the title and date of the signature. DEP Agreement No. 08PB2, Amendment No. 2, Attachment G, Page 2 of 3 CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING FREQUENTLY ASKED QUESTIONS 1. Question: Do I complete and return. this form when I return my signed AgreementlAmendment? Answer: Na, this form is to be completed and signed by your Chief Financial Officer and returned 4 months after the end of your fiscal year. 2: Question: Can I fax the form to you? Answer: Yes, you can fax the Certification form, the fax number is 8501245-2411. 3. Question: How can I submit the form if our audit is not completed by the due date of this letter? Answer: You should be able to complete the form from the infarmation in your accounting system. This is just to let our Office of the Inspector General know which entities they should be getting an audit from. If you are under the threshold you do not have to submit a cagy of your audit, only the Certification form. 4. Question: Do you only want what we received from DEP? Answer: No, the Single Audit is the TOTAL AMOUNT of funds that you expended towards all state or federal grants that you receive. You should list those that are specific to DEP on the form. S. Question: Da I have to submit the completed form and a copy of my audit? Answer: No, you do not have to submit your audit unless you are over the threshold of $500,000. If you would prefer to submit your audit (CAFR) instead of the form, that is fine: You must submit a paper copy of your audit, we cannot receive it electronically. G. Question: Our CAFR will not be ready before your due date and we don't have the information necessary to complete the certification. Can we get an extension? Answer: Yes, just send us an Email letting us know when you will have your CAFR completed and we will place the Email with your letter in our file so that you don't get a 2na notlCe. 7. Question,: Can I submit my Certification Form or CAFR electronically? Answer: Yes, you can submit them by Email to Debbie.skelton de .state.fl.us DEP Agreement No. 0$PB2, Amendment No. 2, Attachment G, Page 3 of 3 AMENDMENT No: 1 DEP AGREEMENT No: 08PB2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR DELRAY BEACH NOURISHMENT PROJECT THIS AGREEMENT as entered into on the 23rd day of September, 2008, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and the CITY OF DELRAY BEACH, a local government, (hereinafter referred to as the "LOCAL SPONSOR") is hereby amended as follows: • Paragraphs 1, 8, 9, 12, 13, and 15 are hereby revised to read as follows: The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the DELRAY BEACH NOURISHMENT PROJECT, (hereafter referred to as the PROJECT), as defined in Attachment A-1 (Froject Work Plan), attached hereto and made a part hereof, and the LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein that are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" are used interchangeably, and the terms "Grantee", "Recipient" and "Local Sponsor" are used interchangeably. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated casts of the PROJECT are identified in Table 1 below: TABLE 1 Task # Eligible Project Tasks Estimated Project Costs Federal DEP Local Total 4.0 Monitorin 4.1 15` and 2n Year Monitoring of the Post Hurricane Beach Nourishment $89,744 $37,542 $37,542 $164,828 4.2 3rd Year Post Construction Monitoring $37,310 $18,655 $18,655 $74,620 TOTAL PROJECT COSTS $127,054 $56,197 $56,197 $239,448 9. The DEPARTMENT has determined that 100 percent of the PROJECT cost is eligible for state cost sharing. Therefore, the DEPARTMENT'S financial obligation shall not exceed the sum of $56,197 for this PROJECT or up to 50 percent of the non-federal project cast, if applicable, for the specific eligible PROJECT items listed above, whichever is less. To the extent applicable, it is understood and agreed that for portions of the PROJECT which are located within lands owned and managed by the DEPARTMENT'S Division of Recreation and Parks, no cost share for construction activities shall be required of the LOCAL SPONSOR, and the PROJECT costs for such portions shall be paid by the DEPARTMENT. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 08PB2, Amendment No. 1, Page 1 of 3 12. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Attachment B-1 (Funding Eligibility}, attached hereto and incorporated herein by reference, for beach use throughout the life of the PROJECT as established under this Agreement. If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking ,the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site and/or parking spaces where maintenance is discontinued. All parking must be clearly signed or otherwise designated as public beach access parking, 13. In consideration for the satisfactory completion of the eligible work, identified in Attachment A-1 and appraved by the DEPARTMENT, performed by the LOCAL SPONSOR under the terms of this Agreement, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for services rendered. All requests for reimbursement shall be made in accordance with Attachment C (Contract Payment Requirements), attached hereto and made a part hereof, and State guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State Expenditures at http:/Iwww.fldfs.co~r~/aadirlreference%SF rg side. The LOCAL SPONSOR shall submit a request for reimbursement of funds on the farms provided as Attachment D-1 (Request For Payment, PARTS I -III), attached hereto and made a part hereof. These forms may be submitted on a quarterly basis. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31; the request shall be submitted no later than thirty (30} days following the completion date of the quarterly reporting period of each year in which the project is underway. These forms shall be certified as accurate by the LOCAL SPONSOR'S Project Manager and the LOCAL SPONSOR'S Project Financial Officer and submitted to the DEPARTMENT as a payment request. All requests far the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for construction activities until such time as all requisite authorizations, environmental permits, and variances, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. In such cases where no reimbursement is sought for a given quarter, all applicable portions of fart III of Attachment D-1, Project Progress Report must be completed and submitted. 15. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT'S Project Manager on a quarterly basis, Attachment D-1, Part ITT, Project Progress Report, as updates to a project schedule, no later than thirty (30) days following the completion date of the quarterly repox-tulg period identified in paragraph thirteen (13). Schedules may be required to be submitted electronically in an .MPP or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included in the quarterly report: tasks to be completed, start and finish dates, task duration, and actual start and finish dates with actual task duration. + All references to Attachments} A, B and D, respectively, are hereby deleted and replaced with references to Attachment(s) A-1, B-1 and D-1. • Attachment(s) A, B and D are hereby deleted in their entirety. • Attachment(s) A-1, B-1 and D-1 as attached hereto are hereby added to the Agreement. • Exhibit i to Attachment F is hereby deleted in its entirety and replaced with Exhibit lA, attached hereto and made a part hereof. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 08FB2, Amendment No. 1, Page 2 of 3 IN WTI'NESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. CITY OF DELRAY BEACH FLORIDA DEPARTMENT OF ENVIltONMENTAL PROTECTION By: Title: *Mayor Date: FEID No.59-6000308 Grantee's Attorney "Attested" by the City Clerk By: Secretary or designee Date: Department of Environmental Protection Grant Program Administrator APPROVED as to form and legality: Department of Environmental Protection Attorney *If someone other than the Mayor signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement.. List of AttachmentslExhibits included as part of this Agreement: Specify Letter) Type Number Description (include number of pages) Attachment A-1 Project Work Plan (1 page) Attachment B-1 Funding Eligibility (1 page) Attachment D-1 Request For Payment, Parts I -III {3 pages) Attachment F Exhibit lA (page 5 of 5) DEP Agreement No. OSPB2, Amendment No. 1, Page 3 of 3 ATTACHMENT A-1 PROJECT WORK PLAN DELRAY BEACH NOURISHMENT PROJECT The PROJECT consists of periodic nourishment of 2.7 miles of Atlantic shoreline (DNR Reference Monuments R175 --- R188). The project was initially constructed in 1973, with maintenance in 1978, 1984, 1992, 2002, and 2005. The nest maintenance nourishment is scheduled far FY 2011-2012. Staff has determined that 100% of the project area is eligible for state funding. This contract is for the permit required post construction monitoring for the nourishment project that was completed in 2005. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department of Environmental Protection permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the Department's Regional Data Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work (herein after referred to as SOW) for an eligible PROJECT item. These plans may be found at http:I/www.dep.state.fl.uslbeacires/. Three (3) originals and one (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified Task No: Eligible Project Item: 4.0 Monitoring A monitoring program conducted in accordance with the requirements specified in any and all permits issued by the Department and the US Army Corps of Engineers. A monitoring plan must be submitted and approved in writing by the Department prior to the initiation of monitoring activities. The plan shall be developed in a manner that will coordinate the monitoring activities associated with current shoreline stabilization projects located within or adjacent #o the project area and with the Department's Regional Coastal Monitoring Program. 4.1 13t and 2nd Year Monitoring of the Post Hurricane Beach Nourishment First and second post construction monitoring including physical, biological, and sea turtle monitoring tasks. 4.2 3rd Year Post Construction Monitoring Third year permit required post construction monitoring including physical, biological and sea turtle monitoring tasks. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEF Agreement No. 08PB2, Amendment No. 1, Attachment A-1, Page 1 of 1 ATTACHMENT B-1 FUNDING ELIGIBILITY DELRAY BEACH NOURISHMENT PROJECT Project Boundary: R175-R189. Approximate Shoreline Length: 14,410 FEET Public Access Parking Spaces A1A and Atlantic Blvd street parking* 100+ Sandoway Park* 100+ Anchor Park 96 Atlantic Dune Park* 100~- Qualifying Public Lodging. Rooms 4ualifying length Comments Marriott Delray Beach 268 0 Overlapped by A1A and Atlantic Blvd Parking Boston's 10 0 Overlapped by AlA and Atlantic Blvd Parking Wright By the Sea 2$ 0 Overlapped by AlA and Atlantic Blvd Parking Areas Determined to be Publicl Accessible and Criticali Eroded: Len h ft 330' South of R175 to 500' South of R188 14,410 Total eligible shoreline length: 14,410 FEET Total project shoreline length: 14,410 FEET Percent eligible for State funding: 100 PERCENT DEP Agreement No. 08PB2, Amendment No. 1, Attachment B-1, Page 1 of 1 ATTACHMENT D-1 FLORIDA DEPAR TMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT -PART I PAYMENT SUMMARY Name of Project: DELRAY BEACH NOURISHMENT PROJECT Grantee: CITY OF DELRAY BEACH DEP Contract Number: OSPB2 Billing Number: Billing Period: Billing Type: ^ Interim Billing ^ Final Billing Costs Incurred This P ayment Request: Federal Share* State Share Local Share Total $ $ $ $ *if applicable Cost Summary: State Funds Obligated $ Local Funds Obligated ~ Less Advanoe Pay $ Less Advance Pay $ Less Previous Payment $ Less Previous Credits ~ Less Previous Retained $ Less This Payment $ Less This Credit $ Less This Retainage (10%) $ Local Funds Remaining $ State Funds Remaining $ Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project Administrator Date Name o#~Yroject Financial Officer Signature of Project Financial Officer Date DEP Agreement No. 08PB2, Amendment No. 1, Attachment D-1, Page 1 of 3 z o~ F U O ~p~,, ~Up H z~~ ~ I o~z i--i W ~ ~4 W ~ O r O zzh ,~ ~ [~ W ~z~ w A~ ~~ A U A CW/1 .. o. ~ ~ ~ N 0 O QU A.. ~ 3 Q; ~ o a ~~, m ~, ,_ ~ ,v w a .. ~ 0 o m ~ m .~ i ' U C ~ ~ ~" Y C C {C ~ ~ N C ~ 7 ~ ~ ~4 C ~ ~ ° U as i ~w ~~ Vi C U m 7 O ~ m a v ~ ~ . m ~ ' ~ ~ o ~ ~ ~ o U IL m W o N a ~ a°m ro ~ 2 ~ any v H ~ ~ ~ ' m r ~ a~ Z m ~ a. a ~ _o ~ Y y C Q m ~ A t u y +, a x m ~ c m "- E '4 G m ;~ v ~ ~~ E ¢ U l 6 ? } m ~ c a _ 7 re m m 0 r c o o N m N c+'o E wa« 9 P5 r R `' C O ~ ~ 0 z ~ Q m u ' o a c u " ~' ou ~ .O m p O Z a O d ~ .+ ~ ~ ~ L ~ r N M e} tp !0 n CO m ° E Z C7 _ 0 v m ,~ O' m a m .m O ro G O ,~ m U 0 m ,~ r 3 Q. `m 0 c R vi Y m~ ~ a u o ~ wf m ~ 'c. c o~ u . r~ ~~ 0 > d Y j m-° r 'i u N ~ 0 ~ u ~ oz >s c ~ ~ ~ w ~ 1~7 ~t ~~ ut m i o~ a~ mi r~ ~~ ~, =t ~, , .~ of u R C c 0 v U m 0 N N a Q ~ti "'~ N P-r 00 O z /W Q FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT -PART III PROJECT PROGRESS REPORT Name of Project: DELRAY BEACH NOURISHMENT PROJECT Grantee: CITY OF DELRAY BEACH DEP Contract Number: 0$PB2 Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 4.0 MONITORING 4.1 1ST AND 2~" YEAR MONITORING OF THE 2005 POST HUIZI2ICANE BEACH NOURISHMENT 4.2 3'm YEAR POST CONSTRUCTION MONITORING REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 08PB2, Amendment No. I, Attachment D-1, Page 3 of 3 e-•i H W W ~? °~' ' C ° ~ ` O ~U ~ . O ~ G~ F` o U .~ U d a°'i 1„ ~ _ -~-~ ~ ~, ~ Q+ a i Q ~ ~z W ~V r~ ~-' i+ ~ ~ ~ a~i ~ m O ,~..h ~I ~ ~ `~ ~ b ~ ~ ., ~ ~ ~~:z w 0 ~ ~ ~ 7J ~ O ~ ~U ~ ~ ~.n Q !Zi R O ~. v F ~ ~ W (Ss V "~ 0 ,., W iG + . 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E9 N ER m N r r { r ~ CD 69 r 6Fl r ER r 64 Cr1 l~ 64 r' I~ 64 69 .- 69 N .O N 3 •~ ~ O O d' O ~ 00 CO N (O [~ O O LS7 ~ O O o i- o c~ co rn CO D~ 00 O Q ['7 N U ~ O aO O Q I~ Q O dd' N O f O ~ E9 OD EH 00 N d N i0 O 00 i T [*~ N ~ ti C'7 CO O ~ Z 6g ~ ~ ~ 6FT ~ ~ r Q 2 ~ , ~... -- 0 ~ ~ lf7 Q O O O 0 C? O O O O O 0 M Cp ~ 00 d' O cp O c'') O cp d' M U f~ ~. N N N O ~ O ~ ('y e- 00 ~ ti ~ ~,.) aQ M ~ [n O ,cf ~ I- ~ r ~ I~ O N rn M ~ ti M O Q ~ M M ~ ~ u U E9 EA N N C'7 '~-- ER EPr b4 M 00 LLI ~- ~ 64 63 N ~ 6 ? ~ ~ ~ O IJ1 O N ~ O _ O C!! •~ N CD P~ ~ ~ O t ~ ~ Q •~ ~ O N X d' 0 t17 0 CD O C~ N O N z ~ O ~ 0 1 m o N o N E ~ ca N ~ O ~ O 2 N O a ~ ~ ~ ~ - (} N ~ ( O • p (0 (9 Q ~ ~ ~ j j O ~ ~ m N N ~ O '~ O '~ cn ~ d Q Cn cD O U1 t0 ~ y ~ > > } ~ ~ Q O O ~ O ~ N O F U W L ~ O ~ ~ ~ O I- U! ~ 3 V p ~ C C ~ i ~ ~ ~ ~ ~ LLI d ~ ~ c C ~ w ~ ~ o n o ~ ~ ~ G] N a ~ ~ ro N Cn .~ (D U a"i o O N 0. ~ N E ~ N ~ U z°fl ATTACHMENT D-1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT -PART I PAYMENT SUMMARY Name of Project: DELRAY BEACH NOURISHMENT PROJECT Grantee: CITY OF DELRAY DEP Contract Number: Billing Number: 1 Billing Period: 5-02-06 - 07-27-07 Billing Type: ®Tnterim Billing ^ Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share Total $69,597.40** $26,977.80* $26,977.80 $123,553.00 if applicable Cost Summary: State Funds Obligated $15,851.00 Local Funds Obligated $ 26.977.80 Less Previous Payment $ 00.Q Less Previous Credits $ 0.00 Less Previous Retained $ 00.0 Less This Payment $ 15,$51.00 Less This Credit $ 15,851.00 Less This Retainage (] 0%) $ O.p Local Funds Remaining $ 0.00 State Funds Remaining $ 0.00 * Includes retainage of $1,423.57 ** 5b.33% of all tasks. Certil:zcation: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has nat been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Wetland Resources approved Project Agreemertt including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Paul Dorlin Name of Project Administrator Signature of Project Administrator Date Jose h Safford Name of Project Financial Officer Signature of Project Financial Officer Date FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT -PART III PROJECT PROGRESS REPORT Name of Project: DELRAY BEACH NOURISHMENT PROJECT Grantee: CITY Op' DELRAY DEP Agreement Number: Report Period: Ma 2 2006 -June 30 200b Status of Eligible Project Items: (Describe progress accomplished during report period, including statement{s) regarding percent of task completed to date. Describe any implementation prablems encountered, if applicable.) Task Eligible Project No: Item: I.0 DESIGN AND PERMITTING 2.0 CONSTRUCTION _Dune Reveg_etatian 2006 34% 3.0 MONITORING FDEP Erosion Control Assistance Pro am 28% complete DEP AGREEMENT No: 08PB2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA GRANT AGREEMENT FOR DELRAY BEACH NOURISHMENT PROJECT THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 and the CITY OF DELRAY BEACH, whose address is 100 N. W. 1St Avenue, Delray Beach, Florida 33444, a local government, (hereinafter referred to as the "LOCAL SPONSOR"), for the project described herein. WHEREAS, the DEPARTMENT, pursuant to Section 161.091 -Section 161.161, Florida Statutes, provides financial assistance to eligible governmental entities for beach erosion control activities under. the Florida Beach Management Funding Assistance Program; and; '•~ WHEREAS, pursuant to 62B-36:005(1)(d), the LOCAL SPONSOR has resolved to support, serve as local sponsor, have the ability to perform the tasks associated with, and has demonstrated a financial commitment to the beach erosion control project as described herein. NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: L The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the DELRAY BEACH NOURISHMENT PR07ECT, (hereafter referred to as the PROJECT), as defizzed_in Attachment A (Project Work Plan), attached hereto and made a pact hereof, and the LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms anal conditions set forth in this. Agreement, and all attachments and exhibits named herein that are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" are used interchangeably, and the terms "Grantee", "Recipient" and "Local Sponsor" are used interchangeably. 2. This Agreement shall begin on the last -date executed and end on December 31, 2011. Pursuant to Section 161.101 (18), Florida Statutes, work conducted on this project by the LOCAL SPONSOR or its subcontractor beginning on or after June 21, 2005, may be eligible for cost sharing by the DEPARTMENT. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. 4. Any and- all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. 5. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to the release of funds appropriated to the DEPARTMENT. ~~ ~ ~ f~ r ~~~~ ~~ ~ ~ REMAINDER OF PAGE INTENTIONALLY LEFT BLANK I ~ ~ ~~ 1 SEP ~ ~ 208 ~ 1. ~._._._. ,~._____:.__ ~ ~~ DEP Agreement No. 08PB2, Page 1 of 8 6. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and all present and future requisite authorizations and environmental permits. The PROJECT consists of periodic nourishment of 2.7 miles of Atlantic shoreline (DNR Reference Monuments R175 - R188). The project was initially constructed in 1973, with maintenance in 1978, 1984, 1992, 2002, and 2005. The next maintenance nourishment is scheduled for FY 2011-2012. Staff has determined that 100% of the project area is eligible for state funding. This contract is for the permit required post construction monitoring for the nourishment project that was completed in 2005. The life of the FROJECT is defined as ten (10) years commencing upon execution of this Agreement and re-initiated upon execution of subsequent amendments to this Agreement for additional funding. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. 7. The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT task, as specified in Table 1 below. It is understood and agreed that the detailed Scope of Work shall include a narrative description of each task, a corresponding detailed budget and a project schedule. Written authorization to initiate the scope of work for each task must be obtained from the DEPARTMENT prior to the initiation of said task. The DEPARTMENT may require at least ten percent (10%} of the total cost share for a specified task be forfeited for failure to obtain prior written authorization from the DEPARTMENT for a specific task. 8. The DEPARTMENT. and the LOCAL SPONSOR agree that the estimated-costs of the PROJECT are identified in Table 1 below: TABLE 1 Task # Eligible Project Tasks ~ Estimated Project Casts Federal DEP Local Total 4.0 Monitorin 4.1 1 Sc and 2" Year Monitoring of the Post Hurricane Beach Nourishment $89,744 $37,542 $37,542 $164,828 TOTAL PROTECT COSTS $89,744 $37,542 $3'7,542 $164,828 9. The DEPARTMENT has determined that 100 percent of the PROJECT cost is eligible far state cost sharing. Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of $37,542 for this PROJECT or up to 50 percent of the non-federal project cost, if applicable, for the specific eligible PROJECT items listed above, whichever is less. To the extent applicable, it is understood and agreed that for portions of the PROJECT which are located within lands owned and managed by the DEPARTMENT's Division of Recreation and Parks, no cost share for construction activities shall be required of the LOCAL SPONSOR, and the PROJECT costs for such portions shall be paid by the DEPARTMENT. 10. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in Table .1 are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible project items that exceed the estimated project costs for that item shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL. PROJECT COSTS shaIl be provided through formal amendment to this Agreement. 1 L The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. REMAINDER Oli PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 08PB2, Page 2 of 8 l2. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Attachment B (Funding Eligibility}, attached hereto and incorporated herein by reference, for beach use throughout the life of the PROJECT as established under this Agreement. If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking, the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site and/or parking spaces where maintenance is discontinued. All parking must be clearly signed or otherwise designated as public beach access parking. 13. In consideration for-the satisfactory completion of the eligible work, identified in Attachment A and approved by the DEPARTMENT, performed by the LOCAL SPONSOR under the terms of this Agreement, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for services rendered. All requests for reimbursement shall be made in accordance with Attachment C (Contract Payment Requirements}, attached hereto and made a part hereof, and State guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State Expenditures at http:llwww.fldfs.com/aadir/reference%5Fguide. The LOCAL SPONSOR shall submit a request for reimbursement of funds on the forms provided as Attachment D (Request Far Payment, PARTS I -- III), attached hereto and made a part hereof. These forms may be submitted on a quarterly basis. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31; the request shall be submitted no later than thirty (30) days following the completion date of the quarterly reporting period of each year in which the project is underway. These farms shall be certified as accurate by the LOCAL SPONSOR'S Project Manager and the LOCAL SPONSOR'S Project Financial Officer and submitted to the DEPARTMENT as a payment request. All requests far the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty (30} days following the completion date of this Agreement. The DEPARTMENT will not release funds for construction activities until such time as all requisite authorizations, environmental permits, and variances, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. ha such cases where no reimbursement is sought for a given quarter, all applicable portions of Part III of Attachment D, Project Progress Report must be completed and submitted. 14. The DEPARTMENT'S Bureau of Beaches and Coastal Systems shall have thirty (30) days after receipt of each billing to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the billing for payment. It is understood and agreed that any request for reimbursement that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT'S review period and the clock will not resume until such information is received as requested by the DEPARTMENT. Upon approval of the payment request, the DEPARTMENT shall disburse the funds due to the LOCAL SPONSOR less ten {10} percent, which shall be retained on account. The cumulative amount retained for each eligible scope of work shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement, ali applicable DEP permits and the applicable scope of work for said item. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to this Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, the LOCAL SPONSOR must provide the information described in this paragraph within thirty (30) days of such request. If applicable, the LOCAL SPONSOR may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be subritted in detail sufficient for a proper pre-audit and post-audit thereof: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 08PB2, Page 3 of 8 15. For the duration of this Ageement, the LOCAL SPONSOR shall submit io the DEPARTMENT'S Project Manager on a quarterly basis, Attachment D, Part III, Project Progress Report, as updates to a project schedule, no later than thirty (30) days following the completion date of the quarterly reporting period identified in paragraph thirteen {13). Schedules may be required to be submitted electronically in an .MPP or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate .forecast of future events. Specific information to be included in the quarterly report: tasks to be completed, start and finish dates, task duration, and actual start and finish dates with actual task duration. 16. Upon completion of the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a ,certification of completion, attached hereto as Attachment E {Project Completion Certification). A final project certification inspection shall be made by the DEPARTMENT within sixty (60) days after the PROJECT is certified complete by the LOCAL SPONSOR. 17. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 2$7, and Chapter 161.101{17), Florida Statutes, which are expressly made a part of this Agreement and incorporated herein by reference as if fully set forth. 18. The applicable provisions of Chapter 161, Florida Statutes, entitled "Beach and Shore Preservation", and any rules promulgated therefrom, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. I9. The LOCAL SPONSOR'S Project Manager for all matters is Paul Dorling, Phone: 56ll243-7041. The DEPARTMENT'S Project Manager for all technical matters is Richard A. Noyes, Phone: 850/922-7865 and the DEPARTMENT'S Grant Progam Administrator for all administrative matters is Dena VanLandingham, Phone: 850/922-7711 or their successor(s). All matters shall be directed to the appropriate persons for action or disposition. 20. Each party hereto ogees that it shall be solely responsible far the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Flarida Statutes. 21. The DEPARTMENT may terminate this Ageement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reasons} for termination. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in this Ageement. 22. Any and all notices shall be delivered to the parties at the following addresses: LOCAL SPONSOR Paul Dorling, Director City of Delray Beach 100 N. W. 15' Avenue Delray Beach, Florida 33444 (561) 243-7041 DEPARTMENT Dena VanLandingham, Grants Program Administrator Department of Environmental Protection Bureau of Beaches and Coastal Systems 3900 Commonwealth Blvd., MS 300 Tallahassee, Florida 32399-3000 (850} 922-77I 1 Dena.vanlandingham@dep.state.fl.us DEP Agreement No. 08PB2, Page 4 of 8 23. This Ageement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119A7(1), FIorida Statutes. 24. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 2S. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment F (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment F summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment F. A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment that authorizes a fending increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the Department's Grant Program Administrator at $50/922- 7711; to request a copy of the updated information. B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreerent. The LOCAL .SPONSOR shall consider the type of financial assistance. (federal and/or state) identified in Attachment F, Exhibit 1 when making its determination. For federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 far determining whether the relationship represents that of a,sub recipient_ or vendor. For state fmancial assistance, the LOCAL SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations RecipiendSubrecipient vs Vendor Determination" (form number Dk'S-A2-NS) that can be found under the "LinkslForms" section appearing at the following website: htf ps://apns.fldfs.comlfsaa The LOCAL SPONSOR should confer with its chief financial officer, ar audit director or contact the DEPARTMENT for assistance with questions pertaining to the applicability of these requirements. 26. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. 27. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 28. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. ° DEP Agreezx~ent Na. 0$PB2, Page 5 of $ 29. No delay or failure to exercise any right, power ar remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, .power or remedy of either party. Nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 30. To the extent required by law, the LOCAL SPONSOR will be self insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project. In the case any work is subcontracted, the LOCAL SPONSOR shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Law, Chapter 440, Florida Statutes. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the LOCAL SPONSOR shall provide; and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. 31. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goads purchased under the terms of this Agreement. 32. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 33. A. No person, on the grounds of race, creed, color, national origin, age;` sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list maintained by the Florida Department of Management Services may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487= 0915. C. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contracting the Office of Supplier Diversity at (850) 487-0915. 34. The LOCAL SPONSOR shall nat subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT'S Project Manager. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expanses and liabilities incurred under the subcontract. The LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, F.S. DEP Agreement No. 08PB2, Page 6 of 8 35. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of the selection of an intended subcontractor and provide a tabulation list from which the intended subcontractor was selected. Upon the DEPARTMENT'S request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents. Solicitation documents include, but are not limited to, the solicitation and responses thereto, the bid tabulations, and the resulting contract(s), including a detailed scope of work. 36. The LOCAL SPONSOR warrants and represents that it is self funded for liability insurance, appropriate and allowable under Florida Law, and that such self-insurance offers protection applicable to the LOCAL SPONSOR'S officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. The DEPARTMENT shall have no liability except as specifically provided in this Agreement. 37. The purchase of non-expendable equipment costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 38. The DEPARTMENT may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, task timeline within current authorized Agreement period, method or manner of performance, requirements, etc.}. All change orders are .subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the LOCAL SPONSOR'S cost or time shall require an appropriate adjustment and modification (formal amendment} to this Agreement. 39. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges .that this requirement includes compliance with all applicable federal, state and local. health and safety rules and regulations. The LOCAL SPONSOR further ogees to include this provision in all subcontracts issued as a result of this Agreement. 40. The LOCAL SPONSOR shall obtain from each owner of upland property, which is adjacent to the erosion control project, a sufficient property interest in order~to construct, maintain, monitor, and repair the erasion control project prior to entering each individual property to conduct such activities. 41. If a farce majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally. Within seven (7) days, the LOCAL SPONSOR shall notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the LOCAL SPONSOR's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a farce majeure, the DEPARTMENT may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure. Such agreement shall be confirmed by letter from the DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to. receive timely necessary third party approvals, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SI?ONSOR is responsible for the performance of all services issued under this Agreement. Failure to perform by the LOCAL SPONSOR'S consultant(s) or subcontractor(s) shall not constitute a force majeure event. 42. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. DEP Agreement No. 08PB2, Page 7 of $ IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year Iast written below. CITY OF DELRAY BEACH By: Title: *Mayor Date: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Secretary or designee Date: D f ~~Q~ FEID No.59-6000308 Grantee's Attorney "Attested" by the City Clerk ~~ V Department of Environmental tection Grant Program Admi~aistrator APPROVED as to form and legality: Department o E ironmental Protection Attorney *If someone other than the Mayor signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Letter/ Type Number Description {include number of pages} Attachment A Project Work Plan {1 page) Attachment B Funding Eligibility {1 page) Attachment C Contract Payment Requirements (1 page) Attachment D Request For Payment, Parts I -III (3 pages} Attachment E Project Completion Certification {1 page) Attachment F Special Audit Requirements {5 pages) DEP Agreement No. 08PB2, Page 8 of $ ATTACHMENT A PROTECT WORK PLAN DELRAY BEACH NOURISHMENT PROJECT The PR07ECT consists of periodic nourishment of 2.7 miles of Atlantic shoreline {DNR Reference Monuments R175 -- R188). The project was initially constructed in 1973, with maintenance in 1978, 1984, 1992, 2002, and 2005. The next maintenance nourishment is scheduled for FY 2011-2012. Staff has determined that 100% of the project area is eligible for state funding. This contract is for the permit required post construction monitoring for the nourishment project that was completed in 2005. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department of Environmental Protection permits and the eligible project task items established below. All data collection and processing, anal the resulting product deliverables, shall comply with the standard technical specifications contained in the Department's Regional Data. Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work (herein a$er referred to as SOW) for an eligible PROTECT item. These plans may be found at h :I/www.de .state.fl.uslbeaches/. Three (3} originals and one (1} electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Task No: Eligible Project Item: 4.0 Monitoring A monitoring program conducted in. accordance with the requirements specified in any and all permits issued by the Department and the US Army Carps of Engineers. A monitoring plan must be submitted and approved in writing by the Department prior to the initiation of monitoring activities. The plan shall be developed in a manner that will coordinate the monitoring activities associated with current shoreline stabilization projects located within or adjacent to the project area and with the Department's Regional Coastal Monitoring Program. ~t1 Ise and 2°d Year Monitoring of the 2005 Post Hurricane Beach Nourishment Post construction monitoring for 2005 hurricane recovery nourishment as outlined in the Scope of work for Dr. John Fletemeyer dated May 24, 2005 for sea turtle monitoring, Pahn Beach County 2006 Aerials #1, 2406 Aerials #2, 2006 Hydro Surveys #l, 2006 Hydro Surveys #2, 2007 Aerials, Scopes of work dated June 29, 2006 and September 5, 2007 for CP&E for physical monitoring. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 48PB2, Attachment A, Page 1 of 1 ATTACI~IVIENT B FUNDING ELIGIBILITY DELRAY BEACH NOURISI INTENT PROJECT Project Boundary: R175-R189. Approximate Shoreline Length: 14,410 FEET Public Access Parking Spaces AlA and Atlantic Blvd street parking* 100+ Sandoway Park* 100+ Anchor Park 96 Atlantic Dune Park* 100+ Ouali , ing_Public Lodging. Rooms Quali ,ping length Comments Marriott Delray Beach 26$ 0 Overlapped by AlA and Atlantic Blvd Parking Boston's 10 0 Overlapped by A1A and Atlantic Blvd Parking Wright By the Sea Z$ 0 Overlapped by AlA and Atlantic Blvd Parking Areas Determined to be Publicl Accessible and Criticall Eroded: Len ft 330' South of R175 to 500' South of R188 14,410 Total eligible shoreline length: 14,410 FEET Total project shoreline Iength: 14,410 BEET Percent eligible .for State fanding: 100 PERCIENT DEP AgreenaentNo. 08PB2, Attachment B, Page 1 of 1 ATTACHMENT C . Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures (January 2005) Cost Reimbursement Contracts " Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category {salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of Florida Accounting Information Resource (FLAIR) reports or other detailed reports. Listed below are examples of types of documentation representing the minimum requirements: (I) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2} Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). if the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section ].12.061, Florida Statutes, which includes submission. of the claim on the approved State travel voucher or electronic means. {4) Other direct costs: Reimbursement will be made based on paid invoiceslreceipts. If nonexpendable property is ,purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-I.OI7, Florida Administrative Code, regarding the requirements for contracts that include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (S) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log that shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. The Florida Department of Financial Services, Reference Guide to State Expenditures {.Ianuary, 2005) can be found at the following web address: http://www.fldfs.com/aadir/reference%SF ug ide/. DEP Agreement No. OSPB2, Attachment C, Page 1 of 1 ATTACHiVVIl;NT D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT -PART I PAYMENT SUMMARY Nattze of Project: DELRAY BEACH NOURISHMENT PROJECT Grantee: CITY OF DELRAY BEACH DEP Contract Number: 08PB2 Billing Number: Billing Period: Billing Type: ^ Interim Billing ^ Final Billing Costs Incurred This Payment Request: Federal Share* State Share $ $ *if applicable Cost Summary: State Funds Obligated $ Less Advance Pay Less Previous Payment $ Less Previous Retained Less This Payment $ Less This Retainage (10%) $ Local Funds Obligated ~ Less Advance Pay $_ Less Previous Credits ~ Less This Credit ~ Local Funds Remaining State Funds Remaining $ Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has not been received; that the wank andlor services are in .accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including any amendments thereto; and that progress of the work andlor services are satisfactory and are consistent with the amount billed. Name of Project Administrator Local Share Total $ $ Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date DEP Agreement No. 08PB2, Attachment D, Page 1 of 3 z O H W ~lU~` H w ~~ ~ O ~ W ~z~ ~za 0 (~Hfxi ~"' ~ W ~~~ a ~ W~ A Av O W ~ ~ ~I a H W A z W PCi a n: W v „ ~ a m ~ ~ o V ~~ ,~ 3 a m m v o a ~ R ma w m a ~ ~ -~ ~ .~ 0 0 °0 '° un ~. c .~ v ~ `m E ~ y m O ~ H m ~ C ~ O IC u 'C Q C L ~ ~ _ m C w S ~ ~ ] , W 7 U ~ ~ v O 'O ~ m `m to ` ro Q N m a~ a c v~ m~ m O a„ c . c ~ m C ~ V ~ a ` ai ~ 4 m t m O ~ .Q a ~ ~ _ ~' C itl W C ~ ~ ~ oy~. E `o m v; m r 3 N m v, ~ a m ; m ~, L z ~?ay ,: ~ u ~ E 3 ~ ~ qk y m C X 1 C W _ m o V N ~. y d a ~ A m ~ 7 y C (~ ~ N c m s ro i a E ~ ~ _..N R m ` ] m N O = 0 m C .t-1 ,~ v ;..:~ ,,~, - ~ Q m m N s.~ u C7 m ~ C ~ .C , 3 _ ` -~1R ~ y ~ ~ fi ~ r C a E u b '~ is A ro A ~ ~ „ u 'o "' W " ~ ~ c ~ E m W ~ m ~~ R +' m A C .~.. Y ,~ W .. ' f V "' ~ ' N G. z . i 'a m ~ "' c a of ° 5 m a m - ~ " C ~ .n ...~ q ~i ~ m ._ m ~ - C m ~ 4 m Q. O1 ~ L r m m O.~ ¢ u N N N , a ~ m ro -~ s e ~ z ~~ ~ ~ ~ a W m C ~ ~ t ~ 16 N Ul O = ~ ~ h 0 . ~ N N C E ~ C ~ a a a ~ m ~ o_ ~ 7 a °° E ~ 0. w m ~_ ~ o V u p ~' m n ° m °~ m o + m ~ E c m o Z m w o m m m~ e ~ m n t m m E u , ti to O E i ytl N U 7 N ~ U W a$ ; m w w ~ ~ o E o ~ ~ ~ ,v_ C a m 2 ~ ~ Y - 3 Q1 m M ~ C~ - m ~ ~ ~ ~ ~, C ~ C ' oc O ~ y. ~ 9 v °1 Q a ~ E N m ~, N 6. O ~ a W 10 C ~ UOU U . . N R ~ x Y m ~ N N C `'~ u E m y me m ro o . ° ~ ° O '~ ~ ' u m y Q, ~ ~ C o A C - 7 Y ~ E N N N ~ N ~ N D O N Wi t. 0 v ~ V ~ m p-1 o 0.1 o T3 p ~ ~ C m ~' o N a Y . O v ~ . m ~ m 0 - N ~ m u a: m o m ma c p Z 0 ~ m m o ~ O ~ O ~ m :? m m m m N ~ ~ # ~ ~ ~ a~ ~ ~ m a m ~ ~ ~ Q ~ o r N C7 t# tq en h a0 ~ ~ -:. ~ @ ~ [7 ['} C9 [ 7 O ~ ti ~ ... m V Z ,'~ k ~ N. ~. '7~ :n. iO M O cv N C~ a Q N .r v N ~i DD 0 W Q FLORIDA DEPARTMENT OF ENVIItONMENTAL PROTECTION BEACH MANAGEMENT Fi7NDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT ~ PART III PROJECT PROGRESS REPORT Name of Project: DELRAY BEACH NOURISHMENT PROJECT Grantee: CITY OF DELRAY BEACH DEP Contract Number: 08PB2 Report Period: Stahas of Eligible Project Items: (Describe progress accomplished during report period, including statements} regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 4.0 MONITORNG 4.1 1.sT AND 2NO YEAR MONITORING OF THE 2005 POST HURRICANE BEACH NOURISHMENT REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 08PB2, Attachment D, Page 3 of 3 ATTACHMENT E FLORIDA DEPARTMENT OF ENVIItONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM PROJECT COMPLETION CERTIFICATION Name of Project: DELRAY BEACH NOURISHMENT PROJECT Grantee: CITY OF DELRAY BEACH DEP Contract Number: 0$PB2 *1 hereby certify that the above mentioned project has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department of Environmental Protection and grantee, and all funds expended for the project were expended pursuant to the Project Agreement. All unused funds and interest accrued an any unused portion of advanced funds which have not been remitted to the DEPARTMENT, have been returned to the DEPARTMENT, or will be returned to the DEPARTMENT within sixty {60) days of the completion of construction portion of this PROJECT. Unused funds advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty (60) days after the b'ederal final accounting has been completed. Name of Project Manager Signature of Project Manager Date a DEP Agreement No. 0$PB2, Attachment E, Page 1 of 1 ATTACHMENT F SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department'; °DEP", "FDEP" or "Grantor'; or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor'; Grantee" or other Warne in the coniract/agreement} may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below}, monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient fiirther agrees to camply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or anon-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or mare in Federal awards in its fiscal year, the recipient must have a single orprogram-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT i to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources, received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be iar accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised'; is not required. In the event that the recipient expends less than $SOD,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the Internet at httpa/12.46.245.173/cfdalcfda..htrnl. DEP Agreement No. OSPB2, Attachment E, Page 1 of S This part is applicable if the recipien# is a nonstate entity as defined by Section 215.97(2}{m), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations}, Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state. financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state fmancial assistance expended in its fiscal year, the recipient shall consider all sources of state fmancial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for .Federal program matching requirements. 2. In connection with the audit requirements addressed in Part Il, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.9'1(7}, Florida Statutes_ This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cast of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regardinig the Florida Catalog of State Financial Assistance (CSl?A), a recipient should access the Florida Single Audit Act website located at h_pt s://apps.fldfs.com/fsaa for assistance. 1n addition to the above .websites, the following websites may be accessed for information: Legislature's Website at httn://www.le~state.fl.us/Welcorrie/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at hitp:l/www.fldfs.com/ and the Auditor General's Websito at http://www.state.fl.us/audgen. PART III; OTHER AUDIT REQUIItEMENTS (NOTE: This part would be used. to sped airy additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97{8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART N: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-.133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circulax A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP Agreement No. 08PB2, Attachment E, Page 2 of 5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3904 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jel~ersonvilie, IN 4'7132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c}, OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Off ce of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 08PB2, Attachment E, Page 3 of 5 ~l. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Envirommental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters _10.550 (local governmental entities} or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection far audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless the date is extended in writing by the Department of Environmental Protection. REMAINDER OP PAGE 1NTENTIONALLY LEFT BLANK DEP Agreement No. OSPB2; Attachment E, Page 4 of 5 r~i H W 0 Y Y •~ O ~ O ~U t-i" 0 b O a) o ~ ~ w Q o -N+ ~ U .~ O V F~ a~ ~, ~ ~ F A ra U ti r 7 G ~ +"~'+ U ~" N o ~ ~ ~ v N w W O m a y ~ ~ O ~ ~~rz ~, 0 . y ~ ~L Cd 0 ~U Q IZ[ Q ~ Q ~ ~I ~ Fr Fur O d .b v Y a O W Q a~ ~ ~ U 4. O . ~r ~ O U obi a ~ A L F+~ N ~U N ~ ~ C~ ~ d FUr ~ a~ `' ~ ~ ~ at .d bA ~ ~ °z 0 . ~ ~ ~~ O N N ~ ~ _ ~ _ ~ ~ ~ ~ ~,, U '-' yr ~ o 0 Q C3 Q ~ v ~ -d ~ N 69 '~ 64 ~ ~ 4 U N ,.Q O v~ as }, V •~ bA bq ~ ~t ~ ~ v Q ~ ~ F"' ~. F~ ~~ ~ O ~ N ~ N ~ U ~ ~ o ~ o ~ ° G~crt ~ cd ~. ~ ~ p -i a~ '~ ~ ~ ~ ~ ~ ~ + ~ ~ N { i;- ~ ~ ~~ ~ ~ ~ N u] ~ O ~ s o 0 . ~~ Q o ~ y~ ~ ~ M M ~. H ~ ~ ~, iQ 1 ~ Y ~ o ~ 0 ~ . ~ ~y ~ l6 N [~ N OO ~ V ,`~., O O O O L (~ N N R -w •~j ~ ,~ d' ~ Tf ~O V ~ ~ ~ -i ,- ~ ~ n .~-r C] ~ ~ w bA ~y ~ ~ c ~ ~~+ ~ ~ 4-i ~ ~ ~ a~ ~ - ~ ~" y ~ ~ O C ~ ~ ~ ~ N }. ~ Fa N +-+ ~ ~a 3 O ~ ~ O vi ~ W ~i~ W 0.~~ ti ~ .~ s°n . ~ i~ a~i i~ v ~i ~ ~ 04 ~" hip a~i 't>p a~i 6~ o V.l 0 '~ aZ ~h N O~ 'i,,. N O ~ '~ t~d Q O Q .~ q E-r ~-! .~i 43 Qr ~ ~ ~l `~ °q a~i '~ ~ U [G .~ U ,~ G '+:. V ~ ~ ;a ~ U O fur Q ~ ~ 4-i a-+ ~ ~ -~ ~ U .~ ~ G~ ti O ~ 6r Q `n su-~ ~ ~~ .~ .=y. ~ ,.5~ :~ ~ O UU 3 .~y °' ~ vs j ~ = a~ .~ ~ o N •~ ,U Q ~~ ~ o ~ o ¢.~aU ~~~ '~ w ~ ~~~ .~o~ ~~ ~~~ ~ U ~ o ~ •~ U .~ .~ ~ ~ N r'' N ~ u ~, .~ .tz ~ O u .~-~ "~ o ~ ~"~~ ~~~ ,-a .Vr Y ~~ 3 .G M p ~ 4--i ~i .-+ "" Vl N }t-.~~ rn oU N o ,o ~ ~~ ,~ N a' O ~ = ~ U ~'~ ~ .~ V'1 4-< O Vl c~ W a~ N 0 z° W A 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: January 7, 2011 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)BRANG CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. UFinal) in the net deduct amount of ($4,454.09) and final payment amount of $3,775.30 to Brang Construction, Inc. for the completion of the Fire Main Bay Ph 2 Project #2010-062. BACKGROUND The project consisted of the construction of new office space, restroom and storage mezzanine within the existing Fire Main Bay structure. Change Order No. 1 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 #668405 to funding account 501-3312-591-62.10 (Garage Fund/Capital Outlay-Building/Building). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order UFinal) in the net deduct amount of ($4,454.09) and final payment amount of $3,775.30 to Brang Construction, Inc. for the completion of the Fire Main Bay Ph 2 Project. CITY OF DELRAY BEACH CHAl~G1J ORIIIJR'I'O ORIGINAL CONTRACT CHANGE NO. I/Final (Contract Closeout) PROJECT NO. gala-ab2 DATE: PROJECT TITLE: Fire Main Bay Ph 2 TO CONTRACTOR; Brang Construction, Inc. YOU ARE HEREBY REC~UESTED TO ivIAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS I'ROJI;CT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. NSTIFICATION: Complete changes to project per the at#ached Schedule "A". SUMMARY OF CONTRACTAMOUNT/CHANGES ORIGINAL CONTRACT Ai4I0UNT ~ 79,960.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER ~ 79,960.00 COST OF CONSTRUCTION CHANGES THIS ORDER ~ (4,g5~1.09) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 75,505.91 PERCENT DECREASE THIS CHANGE ORDER -5.57°/a TOTAL PERCENT DECREASE TO DATE -5.57% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Brang Construction, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTrMENT INITIATING CHANGE ORDER Funding is available from account: NIA DEPARTYIENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOI~IMEND: Environmental Services APPROVED: City Attorney By: Mayor ATTEST: By: City Clerk S~iLn~ldminlProjects12010~20t0-05210FF3CIAL'.CO f Final Brang Construction Fire \9ain Bay Ph2 GC 011813.docs sCIIrDiJI.F ",err TO CIIANGE ORDER \'O, I /FINAL (CONTRACT CLOSEOUT) BRAVrG COVrS`i'I2UC1'ION, INC. FIRE lIAlt~i I3AI' PII z PROTECT NUlII3ER 20I0-062 CONTRACT AWARD CONTRACT TO DATE iTEAIi DESCRIPTION UNIT NO EST. UNIT PRICE TOTAL ACTUA, UNIT PRICE EXTENDED t~UANT ADJ. QTY. L QTY. TOTAL PRICE f ! . I Constnretion of a new oAice, restroom and meuanine per plans dated Vfarch 1, 2DID - 572,95D.00 lA General Re uirements LS I 5 23,250AD $ 23,254.00 1 $ 23,250.00 $ 23,250.00 $ - IA Dcrrtoliticn LS l S 700.00 $ 700.D0 1 S 700.00 $ 700.00 $ - IC Canaete LS 1 S 4,OOOAO $ 4,000.00 1 S 4,000.00 $ 4,000.00 S - 113 Stnrcuual Stcet LS t $ 12,000.00 $ 12,4DD,D4 1 S 12,OOD.00 S 12,000.40 $ - li: Stairs .4r Rails LS 1 $ 6,000.00 $ 6,000.00 1 $ &,000.00 $ 6,000.00 $ - IP ©oors & Hardware LS i S 4,000.00 $ 4,000.00 1 S 4,000.00 S 4,000.00 S - IG ivtetal Fmrnin ,Insulation, & 1Jrytivall LS 1 $ 4,000.40 $ 4,000.Op 1 $ 4,OOD.00 $ 4,404.40 $ - Ili ACT Ceiling LS 1 S 800.00 $ 800.00 1 $ 800.00 $ 800.00 $ - II Ftooring(VCT.~ Rase) LS 1 S 800.00 S SOOAO 1 $ 800.00 S 800.00 S - 3S Paintin LS 1 S 2,500,00 $ 2,500A0 1 S 2,500A0 $ 2,500.00 $ - IK Res€roam Accessories LS I $ 400.00 S 40D.00 1 S 400.00 $ 400.00 S - IL HVAC LS 1 S 5,000.00 S 5,000.00 1 S 5,000.00 S 5,000.00 $ - iM Plnmbin LS l S 3,000.00 S 3,000.00 1 $ 3,000.00 $ 3,400,00 $ - IDi Electrical LS I $ 6,500.00 $ 6,500.00 1 S 6,500.00 $ 6,540.00 $ - 2 General Cantingenc ~~illawante 33reakdown tletax LS 1 $ 7,000.00 $ 7,000.00 0.3637 $ 7,000.00 $ 2,545.91 $ (4,454.49) Additional essential plumbing fixtures, ident~ed during the shop dravring revfevr process; cost LS - - - 1 $ 1,517.25 - includes all materials, equipment and labor. Additional cost due t© unforeseen electrical conditions. Etirnination of lime clock & lighting contactor control for mezzanine & shop fighting; LS - - - 1 $ 4D7.00 - - suppy & install 9 standard It svritches and new time clock. Additional cost due to unforeseen electacal conditons. Replacement of existing battery back- LS - - - 1 S 383.25 - - u Omer enc f hts. Additional scope for 75 lineal feel of 4° vinyl base; for eontinuiry virih the rest of the improvements. In LS - - - 1 S 238.41 - - additton, the repair of the existing mezzanine double access doors an the second hoar. 3 Tndefmul LS t $ 10.00 $ 10.00 1 $ 10.00 $ 10.00 S - TOTAL ORIGINAL CONTRACT AWARD $79,960.00 $75,505.91 $ {4,454.09) Original Contrac# Aavard $79,960.D0 PrevEously Approved Changes $0.00 Total AlwardlAppro~td to Dato $79,960.00 Final Contract to Date $75,5D5.91 CHANGE ORDER NO. '1 1 FINAL ~ 4 454.09 Page 1 0€1 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, PE, Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: January 11, 2011 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 EXTENSION OF ACCURATE PARKING AGREEMENT ITEM BEFORE COMMISSION The item before the City Commission is that of approving an extension to the agreement with Accurate Parking to allow staff time to process RFP 2011-07. BACKGROUND In 2005 the City entered into an agreement with the County to operate the South County Courthouse Garage on Thursday, Friday and Saturday evenings between the hours of 5:00 PM and 2:00 AM to supplement the City's parking inventory and alleviate traffic congestion caused by visitors circling to find parking. The terms of the agreement required the facility to be staffed during all hours of operation. At the time, Parking Pros, an affiliate of Accurate Event Services regularly provided parking services for special events. Given their relationship with the City, an agreement was approved by City Commission to staff the facility in accordance with the agreement between the County and the City to utilize the facility. In 2007 the Federspiel Garage was turned over to the City. The South County Courthouse Garage was no longer used for general parking purposes as the Federspiel Garage, with 202 total spaces, was completed for occupancy. In 2008, the management agreement with Accurate Parking, (Parking Pros & Accurate Parking had merged) was renewed for cone-year term with two (2) one-year extensions at the City Manager's discretion. The final renewal expires February 7, 2011. Accurate has agreed to continue providing service until the RFP process is completed. Staff is requesting approval of an extension of the agreement, at the same terms and conditions, on a a month to month term not to exceed six (6) months or such time that the RFP process is completed and the successful respondent is directed to commence operations. REVIEW BY OTHERS The Development Services Management Group, (DSMG) at its meeting of January 6, 2011, recommended extending the current agreement and issuing a new RFP for garage staffing. FUNDING SOURCE Payment for staffing the facilities is provided through account 001-545-3151-34.90 -Other Contractual Services. RECOMMENDATION By motion, approve extension of the agreement with Accurate Parking Services on a month to month basis to staff the parking garages to allow time to complete the RFP process for a new agreement. ~, 0 .~ 0 0 .~ w 0 o ~ o ~ vi ~ . + c ~ ~ > a~ ~ ~ °~ o a ~. ~ a U (O ~ ~T , F=~7 d ~ C ~ ,~" 'i O i ~--' (O N ,~ --~ ~ ,~ O ~ ,--i O p ~ ~ - N N . ~ ~ ~" C ~ LLJ ,--~ r"' S". y a--i ~ ~ ~ ~ ! U ~ ~' ~ ' r + c , ~ ~ p ~ ~ ~-' ~ ~ ~ ~ ~ ~ ~ O U y O 0 ate ~ y ., O ~~~ o= O -' L d7 O ~ ~~H~ ~' ~i ' ~ O ~, cd O ~, O Accurate Event Group 2419 Hollywood Blvd, Ste C Hollywood, Fl 33020 (o) 954.927.4155 (~ 954.337.0287 (c) 954.444.6381 Sent from my iPhone On Jan 14, 2011, at 11:51 AM, "Aronson, Scott" <Aronson(a,mydelraybeach.com> wrote: Gordon, In furtherance of our conversation please allow this e-mail to serve official notice of the expiration of the agreement authorizing Accurate Parking Services, Inc. to provide staff for the City's the parking garages. Please respond, via e-mail, serving as written confirmation that Accurate Parking Services, Inc., is committed to continue providing these services, under the same terms and conditions, to afford the City ample time to complete an RFP, (Request for Proposal) for the continued management of the City's Parking Facilities. Your urgent attention to this matter is greatly appreciated as a City Commission request to extend the agreement is being processed for its next meeting, February 1, 2011. Thank you, sca# r~o~ws 434 S. Swinton Ave. Delray Beach, FL 33444 Ph. 561-243-7196 Fax 561-243-7060 aronson(c~ci.delray-beach.fl.us MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 12, 2011 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 ACCEPTANCE OF DONATION/ SHELLY WELL ITEM BEFORE COMMISSION This item is before the Commission to approve the acceptance of a donated Boy Scout sculpture from Mr. Shelly Weil which will be installed in the Old School Square Park. Project Number 11-083. BACKGROUND On O1 Nov 2010, Mr. Weil made a presentation to the Public Art Advisory Board (PAAB) asking the PAAB to accept his donation of a Boy Scout Statute to the City. PAAB was receptive to the request and agreed to recommend to Commission that the City accept the statue donation. Mr. Weil and the PAAB then began discussions regarding the placement of this statute. Both Mr. Weil and the PAAB agreed that the best location would be in Old School Square Park, along the Pineapple Grove Way side of the park, which is also within the Pineapple Grove Art District. Attached are the following: location map, donation agreement and bill of sale. RECOMMENDATION PAAB recommends accepting the donated Boy Scout sculpture from Mr. Shelly Weil. AG EII;~~ ~~T' Ei~ TI-IE CITY ®~ I~EIJ Y ~EACII ANI~ SIIEI_,I,Y II_, I®I~ SCIII,PT'ITI II~T LLD ~CII~~L ~~I1A ~A WITI~ESSETI3: The CITY and the AST D~~~~ in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The AI~T I)~1~d~I~ shall transfer a sculpture to the Old School Square Park, hereinafter referred to as the "WORD", within L$0 days of receiving a notice to proceed from the CITY, unless extended by written agreement. 2. This Agreement shall be governed by the laws of the State of Florida as now and thereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 3. All notices, requests; demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to CTIY: City of Delray Beach, FL 100 N W 1st Avenue Delray Beach, FL 33444 As to ART DONOR: Shelly Weil 925 Greensward Lane Delray Beach, FL 33445 4. The T I3®I~~I~ shall not, without prior written consent of the C'IT'Y, assign any portion of its interest under this Agreement. 5. The CITY and the AItT' D~~~R each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, conditions and obligations contained in the Agreement. 6. In consideration of ten dollars ($10.00) and other valuable consideration, the AST »~1`~~1~ shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CI'TY), recklessness or intentional wrongful misconduct of the 'T 1)®1~~I~ and any persons employed or utilized by the AST I~~l~~I~ in the performance of this Agreement. T I)~lV~I~ agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. AI2T I~QN®I~ agrees that negligent, reckless or intentional wrongfiil misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the AI~T D®1~1®I~, its agents, servants or employees. AI~T II®1~T®I$ further agrees to defend, indermlify 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. The indemnification provided above shall obligate the AI2T D~N~R to defend at its own expense or to provide for such defense, at the CITY'S option, for 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 performed by the A12T I)®I®T~I3, its agents or employees. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the A1ZT I~~~l~I~ the specific consideration of ten dollars ($10.00) and other good and valuable consideration as specific consideration for the indemnification provided herein. 7. The CITY may, in its sole discretion, terminate this Agreement upon ten (10) days notice to the T IIOI°d~I~. 8. AI2T D®h1®I~ shall provide the CI'T'Y with a written BiB of Sale conveying title to the CITY, and a sworn statement of no liens, claims or other encumbrances. Such documents shall be in a form acceptable to the CITY. 9. The AI2T I)®hl®I~ warrants that the WORD shall be free of defects in material and workrrianship and that the AI2T D®l~T~Ia shall correct at his/her expense any such defects which appear far• a period of one (1) year from delivery of the Bill of Sale for the WORK. 10. The ART I)®i~1®12 warrants that the WORK does not infringe upon any copyright. 11. Title to the WORK shall vest in the CITY upon placement of the WORK in Old School Square Parlc. The CITY may reproduce images of the WORK, for non-commercial use, including but not limited to public information, educational and promotional purposes without written consent of the AST D®N~I~. 2 12. The '~' ~~1~1(~ hereby acknowledges that installation and integration of the artwork may subject the artwork to future removal, destruction, or other modifications by reason of its removal from the park or the renovation, destruction or redevelopment of the Old School Square Park. Notwithstanding the foregoing, the AST D~l~d® hereby consents to the placement of the artwork at the Old School Square Park, as determined by the CITY. 13. The AI~T' I)~N~I~ hereby acknowledges that by placing the artwork in Old School Square Park, it may be subject to damage by the elements and/or third parties not under the control of the CITY and the CI'TE' shall not be liable for said damage, if it occurs, AR'T ®N~I~. also recognizes that the CITY shall have the right to determine, in its sole discretion, whether or not the artwork should be repaired and/or replaced if the artwork is damaged in any way. 14. AIfI' D~1~T0~'s rights, including but not limited to all copyrights, if applicable, under this Agreement are not assignable and shall cease with AIN`T I?~l~d~'s death and do not extend to T' I)~N~i~'s heirs, successors or assigns. CI`TY's rights and obligations under this Agreement may be assigned without the consent of ~ h~N~I~ at any time, without prior notice to ~' DOS®I2. 15. 'I' D®N~It shall notify the CITY of any permanent change of address from that stated in Paragraph 3 hereof, and the failure of T' D®N~I~ to do so shall be deemed a waiver by 'I' I)~1~Vt~R of r~.1:.T' I~~31'~Ol~'s rights to enforce those provisions of this Agreement that require the express approval of AI~T' ll~N®. 1 b. This Agreement shall be considered null and void unless signed by both the T ~~N~R and the C'IT'Y. 17. Phis Agreement and the documents attached hereto constitute the entire agreemerrt between the CITY and the Al~'~' I~~1~0. and may only be altered, amended or repealed by a duly executed written instrument. Iii I'Tl~IESS tYTIE ®F, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY ~T' DAL Y ~~ACII9 T'I.~ A By: City Clerk Approved as to form: City Attorney Nelson S. McDufi~e, Mayor 3 WIT1v1ES5ES: 7'" '~~-~~~ ~~v Print Name: ~ ~~ ~ ~,~ f ~ 'I' 1~®I~1 By: Shelly Weil, -t Donor Print Name: ~I~,~ C)~, ~A~,E BILE ~~' SA~.,L, effective as of ~ ~ ~ , 2010, from SEL~Y ~~~, ("Seller") to the CITY ®I+' I))CLI~~' BSA ~~, a Florida Ylunicipal corporation {"Buyer "~, ~I'I`i`~551v'I'H: E+AS, Seller is executing and delivering this BiII of Sale to Brayer for the purpose of selling, assigning, transferring, delivering to, and vesting in, Brayer, the sculpture ar~d base {"Art") listed on Exhibit `°A", attached hereto and incorporated herein, ~~, T~.~~ , in consideration of ten dollars ($10.00} dollars and other good and valuable consideration, receipt of which is hereby acknowledged, Seiler by these presents does sell, assign, transfer and deliver to, and vest in, Buyer, its successors and assigns forever, all of Selig"s right, title and interest, lega3 and equitable, in and to the az-t, tree and. clear or any liens, claims, encumbrances or restrictions of any kind, including without limitation the following: The art as described on Exhibit "A". T~ ~IA.~E A1~ T~ ;r~~1v~ all the art unto Bnyer, its successors and assigns forever. Section 1. Nothing in this Fill of Sale, express oa° implied, is intended or sha11 be construed to confer upon or give to, any person, drm or corporation other than Buyer and Seller and their respective successors and assigns, any remedy or claim under or by rea.SOn of this Bill of Sale or any term, covenant or condition hereof; and all the terrris, covenants and conditions, promises and agreements contained in this Bill of Sale shall be for the sole and exclusive benefit of ~3uyer and Seller and their respective successors and assigns. Section 2. Seller for itself, its successors and assigns hereby covenants and agrees that, any tune and from time to time forthwith upon the written request of Brayer, Seller will, at Baayer's expense, do, execute, acknowledge and deliver or cause to be done, executed, acknowledged or delivered, all and every such further acts, deeds, assig~iments, transfers, conveyances, powers of attorney, and assurances as may be reasonably required by Buyer in oz~der to sell, assign, transfer, and convey to, and vest in, Isaayer, its successors and assig~7s, or to aid anal assist Brayer in xeducing to possession any or alI of the artworks assigned or to be assigned to Brayer, Section 3. This Bill of Salo is executed by, and shall be binding upon, Seller, its successors and assigns, for the uses and purposes above set forth and referred to, as of the effective date thereof. IN '~~IT~IESS ~'I~OI', Seller has duly executed this Bill of Sale as of the date first above written. ~TITNESS: :7,a ~ A~ tC~ (print or type name} 5~.~,Y ~I~I:I_,, A.rt D 13y; STATE OF FLORIDA COUNTY OF ~~~ Gam- ~'~=-~ The foregoing instniment was aclrnowledged before me this t ~ day of~G - , 201 ~, by Sl~~lly veil, who is personally known to me or who has produced (typo of identification} as identificatio ,,,, ,,,,, ( ..~.~ ~'~: BETTY JO WIGDERSON _•; :~= Commission # DD 878272 ~~.~~)0 ~,Vl~-j "~'~ ~~= Expires April 1, 2093 Signature of No at ry u ~ ~~m~~tiusao~s of Florida <~. u~ .,. ~~ ~ i~;. ~~ ., ,: ~: j+l' ; "~, _. ii i i _ ~- MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: January 12, 2011 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 LANDSCAPE MAINTENANCE AGREEMENT/ SABINE REIS ITEM BEFORE COMMISSION The item before the Commission is approval of a Landscape Maintenance Agreement between the City of Delray Beach and Sabine Reis, owner of 511 S. Ocean Boulevard, which governs terms and conditions of the maintenance of plant materials installed within the right-of-way. BACKGROUND The owners of the property are constructing a new single-family residence. Currently, there are existing shrubs and groundcovers within the right-of-way along South Ocean Boulevard that they have requested approval to keep in-place. These existing plantings consist mostly of Natal Plum. They are also proposing to add a single row of Green Island Ficus to the existing landscape bed. Both existing and proposed plantings grow very low to the ground and pose very little maintenance concerns. Pursuant to the terms and conditions of the Landscape Agreement, the owner is responsible for maintaining the plantings in the right-of-way in accordance with the City's Ordinances and the terms and conditions of this agreement. RECOMMENDATION Staff recommends City Commission approval of the Landscape Maintenance Agreement between the City and Sabine Reis, owner of the property located at 511 S. Ocean Blvd., providing the right to install and maintain approved landscape materials in the right-of-way. Prepared by: RETURN: R. Brian Shutt, Esq. City Artarney's Off ce 200 N.1~V, ls# Avenue Delray Beach,l L 33444 LANDSCAPE MATI+I'ICENANCE A,,GREEMENT THIS AGREEMENT is made this ~ ~~ day of ~~ ~.~:~~1.~~-~~~ 20 /"~ by and between•the City of Deh•ay Beach, Florida ("City") and ,~.,,~~; -'~~"7 S ("Owner"). WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WI-YT'REAS, in order to comply with the City's Iandscape Ordinance the Qwner shall be allowed to install landscaping material in the right-of--way of ~"': ~~~~~ ; ~ ~~ pursuant to the terms of this Agreement; and, WI~REAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public right-of way of ,_ ~ ~ ~_~~,~/ ~L~~J• and, WHEREAS, the City reserves the right at any time to utilize the right-of--way for right-of- way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need far entering into an Agreement designating and setting forth the responsibilities ofeach party. NOON, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which ace hereby aclsnowledged, the parties hereby agree as follows: 1. The parties hereby represent and wan•ant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site -plan and review process for the required installation and maintenance of the landscaping. The subject property, fiirther described in Exhibit "A", shall have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. Owner shall fitrther be responsible for obtaining all permits and approvals from all applicable governmental agencies. 4. The Owner hereby agrees to maintain the plantings in the right-of=-way in accordance with the City's Ordinances and the terms and conditions of this .Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; fo properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper height; to properly prune all plants which includes (1} removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed far whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed #rom the landscaped areas in the right-of way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 2 5. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the Gity that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a} Maintain the Iandscaping or part thereof, and invoice the Owner for expenses incurred. (b} Terminate ibis Agreement and require the Owner to comply with the City's current Ordinance on landscaping. (c) Cite the Owner for failure to comply with the City's Ordinances. 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right-of--way by the Owner. 7. If for any reason the City decides that it needs the right-of way of ~~~ :~ ?~~~~ ~~ ~,,~, or for any other public purpose this Agreement shall terminate, and tl~e Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. Owner shall remove all landscaping from the right-of way within 20 days of such notilzcation,'ifso requested by the City. 8. The Owner shall indemnify and hold harmless the City, its officers and employees from all suits, actions, claims. and liability arising solely out of the Owner's installation and zazaintenance of landscaping in the City's right-of--way. 9e This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 3 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 1N WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this ~ day of ATTEST: 20 CITY OF DELRAY BEACH, FLORIDA City Cleric By: Approved as to legal form and sufficiency: City Attorney WITNESSES: (Print or Type Name) {Print or Type Name) Mayor (OWNER) ~~ ~~ ~~"s~,~3 ss~`~: .~`~ s' (Print or Type Name} STATIC ®>lt' ~"" ~s~' r~ The foregoing instrument wa acktlowledged before me this .~ day of (name of officer or agent, title of officer or agent), of (name of corporation acknowledging}, a (state or place of incorporation} corporation, on behalf of the corporation. He/She is p~r~~rially lcnawri ~ me or has produced (type of identification) as idet}tification,~~ Signature of`Pe~~on Taking Name Typed, Printed or Stamped 1P' '~ $_ MY CClMP~II;.i51Gi~1 f~ ~DE47159 ~'~ ~ mow, y., ,1~9~^ FKP14'l-S IViarch D5, 2011 4 EXHIBdT "A" ~.~ ~- x `~, 1 ~ _ y - .._ ~~. ,- - ~' ] _ ~ ~f ~~~y w _ `', a ~~•- p 5 '9 ~ -. -ter ~ -'~ ` „~ ~. _ j ~ ~` ,~ 'J j +y~--5 3J~F - ~' r _ ~ " - r - - ] - -- ~ j ~ ~ ~ ~ - ~ ~ _ - ~ ~ ~~34 '~t - ~ 6 s . ~m '~-.~ ~ ~'W'ao ~'__ 5 _ J ~ k, iT _~ ~ , N 5 RUTH SEAN Li~~. " ,~ ~~' PLANO PAi27MENT NING AERIAL MAP -- 17K.YTAL B4S£ MAP SYSTEM -- U:\PwtoCAn\Daug Smlkt~\311 S. 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Brian Shutt, City Attorney DATE: January 13, 2011 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 INTERLOCAL AGREEMENT/ SOUTH PALM BEACH COUNTY PUBLIC SAFETY COMMUNICATIONS COOPERATIVE ITEM BEFORE COMMISSION The attached Interlocal Agreement between Palm Beach County, Boca Raton, Delray Beach and Boynton Beach. BACKGROUND The Cities of Boca Raton, Delray Beach, and Boynton Beach have established via Interlocal Agreement the South Palm Beach County Public Safety Communications Cooperative and entered into an agreement with Palm Beach County for the purpose of expanding the geographic use of available frequencies for mutual assistance and daily activities for the establishment and operation of radio communications systems. This Agreement was initially entered into in 2003. This agreement is essentially the same as the original agreement, however, the price per city has increased due to increased maintenance and administrative fees from the County. Each city's proportionate share of the maintenance and administrative fees will be as follows: Boca Raton $22,812.50; Boynton Beach $24,375.00 and Delray Beach $15,312.50. The Agreement will be for five years with the option to extend it for an additional three years. RECOMMENDATION Commission approval of the Interlocal Agreement. nvTElu,ocAL AGREEMENT This INTEI~LOCAL AGREEMENT ("Agreement"), is trade and entered .into by and between Palm Beach County, a political subdivision of the State of FIorida {"County") and the cities of Baca Raton {"Boca Raton"} and Delray Beach ("I]elray Beach") and Boynton Beach ("Boynton Beach"), each a separate municipal cotpnration existing under the laws of the State of Florida. WITNESSETH WHEREAS, the Cities of Boca Raton, Delray Beach, and Boynton Beach, have established via Interlocal Agreement the South Palm Beach County Public Safety Comrnunicatians Cooperative (the "Cooperative"} for the purpose of expariding the geographic use of available frequencies for mutual assistance and daily activities and far the establishment and operation of radio communication systems;, and WHEREAS, the County has purchased, designed, installed, and committed to the operation of an 800 MHz Trunked Radio System to meet the needs of the Palm Beach County Sherif.E's Office, Palm Beaeh County Fire Rescue, Palen Beach County Ernergency Management Service, and various Palm Beach County general government agencies; and WHEREAS, the County and the Cities have determined that the ability to provide interoperable systems is critical to the effective and efficient provision of public safety services; and WHEREAS, the Cooperative acknowledges that by entering into. this Agreement, the Cooperative has been able to save money as well as avoid costs by reserving capacity on the County's microwave system from the Boynton Beach Site to the County's Prime Site, both the Boynton Beach Site and County's Prime Site as hereinafter defined; and WHEREAS, it has been deternined mutually beneficial to all Parties to execute this Agreement which sets forth the parameters under which the radio systems of the Cities and the County can be connected saving the taxpayers money of both the County and the Cities as wall as the opportunity to receive the public safety benefit of the interoperability; and WHEREAS, the County and the. Cities acknowledge and agree that during the period :from February. 3, 2011, until the Effee.tive Date of this Agreement, the parties were and are bound by the terms of this Agreement; and WHEREAS, Section 1G3.01, Florida Statutes, permits public agencies to enter into Interlocal Agreements to jointly exercise any power, privilege, or authority which such agencies share in con~rnon and which each might exercise separately. NOW THEREFORE, in consids;ration of the mutual covenants, promises and representations contained herein the parties hereto agree a5 follows. SECTION ]: Purpose The purpose of this Agreement is to set forth the parameters under which: 1} the County will make specific components of its $00 MHz Trunked Radio System available to the Cooperative in order to provide far interoperable radio communications between the County and the cities participating in the South }dub g:lscaoper1800 mzh agreementslsouth hu6lsout6 huh Fnal drak.docx Page 1 of I G Cooperative and 2} identify the use and monitoring requirements for the Comrrzon Talk Groups established on the County System. SECTION 2: Defi~nitians 2.OI Boonton Beach Site: The City of Bayntan Beach's primary radio communications site located in Tract B, Rolling. Green Ridge Second Addition, City of Boynton Beach_ 2.02 Central Hub: The Central Hub Consists of the radio communications system operated by the City of West Palm Beach and includes those cities utilizing the system through interlocal agreement with the City of West Palm Beach. 2.03 Cities: The City of Baca Raton, the City of Delray Beach, and the City of Boynton Beach, as individual entities, but used in context of this Agreement to mean each city acting in the collective. 2.04 City-County Roaming Talk Gro.u~. Talk groups- established an a municipal radio communications system for which the SmartZone TM Controller will assign channel resources on the County's commumications systems when units &orlt the talk group are registered on the System. 2.05 Common Coon 'de Talk Grow s: Talk groups established an the County's communications system that are made available to. municipalities and other non-County agencies. These talk groups must be programmed into agency radios and aze: selected by the user or dispatchers. 2.06 County Talk Grauns: Talk groups established on the County's coxnzzlunication system that are made available to County agencies providing for inter-departmental cammmunications. These talk groups are reserved for particular departmentsiagencies and only available to outside departments by separate agreements, 2A7 Controller: The SmartZone TM Controller is the group of equiptent components that provide audio. routing and control signaling functions required to interface various independent communications system and provides interoperable operations between the individual systems. 2.08 Coo~eratlve: 'The South Palm Beaeh County Public Safety Communications Cooperative which was established by Boca Ratan, Delray Beach and Boynton Beach to collectively provide a radio communications system which provides radio communications for the three- cities. All references to the Cooperative shall also refer to each of the Cities of Boca Raton, Delray Beaeh and Boynton Beaeh and to the approval of all actions of the Cooperative by the Cities pursuant to the Interlocal Agreement establishing the Cooperative dated 212/98. 2.09 Cooperative's _S_ystem: The $00 MHz Ti-wiked Radio System or systems, funded, purchased, installed, maintained and owned by the Cooperative or the individual cities. The system, or systems, shall include the fixed network and field radio transmitting and receiving equipment, microwave equipment andlor leased communication transport lines as required for communications between sites, dispatched center equipment and facilities required far the operations of each City's public safety and govez7nment services functions, and the towers and physical facilities. require to house and maintain the systenrl equipment. 2.10 CSOPAC: Communications System and Operations Policy Advisory Committee established to develop policies for the system in which both the County arld the Cooperative.participate. South Hub g:Iscooyer18~0 mzh agreementsl5auth hubtisout6 hub final draft.docx Page 2 o f I6 2.11 CRSSC: Countywide Radio System Steering Caznamittee established to oversee implementation of the policies. established by the CSOPAC and to modify e~cisting policies ar create new policies as required aver the life of the System. 2.12 Microwave System: A communications system utilizing frequencies in the microwave range to route audio and control signals between sites ion a multi=site communications system. 2.13 Radio Systems_Mana~ An employee within floe County's Electronics Services and Security Division of the Facilities Development & Qperations Department responsible far day to day administration and management of the System. and County's designated contact person pursuant to various Sections of this Agreement. 2.14 1Vorth Hub: The North Hub is a catxtmunica#ions systern~ proposed to be developed by the rnunieipalities in the northern County area. 2.15 Parties: All entities that have executed this Agreement which include the County., Boca Ratan, Delray Beach and Boynton Beach. 2.16 Prune Site: The location for the County's SrnartZone TM Controller. 2.17 Radio Alias: The unique name assigned to an operator's radio that displays on the dispatcher's console when a radio transmits. 2.1$ Raamin Feature: A feature of the SmartZone TI.VI Controller that allows units from specified talk groups to regisker onto communications systems associated wills the 5mart?.omc TM Controller when beyond the coverage of their primary system. Additionally these talk groups are assigned communications channels on the systems where units registered when there is talk group activity. 2.19 South Hub: The South Hub refers to the communications systerr~, facilities and operations proposed by the South Palm Beach County Public Safety Communications Cooperative. 2...20 S__ syytern: The $00 MHz Trunked Radio System funded, purchased, installed, maintained and .awned by the County. The system wi.l] include fixed and field transmitting and receiving equipment, a microwave system for communications between sites, remote and prime site control and management equipment, dispatch consoles and related equipment and a SmartZone controller located at the prime site. SECTION 3: County's 800 MHz Trunked Radio System 3.01 The County has purchased, installed, and operates a SmartZone TM Controller, capable of. expansion to 48 ports, at its Prime Site. 'The County will .solely fund the purchase and own the controller. 'The County will allow the Cooperative to connect to the Controller utilizing a maximum of nine (9) ports. 3.02 The Cooperative agrees to pay its fair share of the operation and maintenance costs associated with the Controller on a pro rata basis. The operations and maintenance costs to be included are: system administration costs (which includes personnel costs), utilities, equipment, ,and controller maintenance casts (which may be out-sourced or performed by the County). The Cooperative's maintenance costs are calculated in Section 5.01 and 5.011 of this Agreement. souse Hub g:lacooperl800 mzh agreementslsouth dublsoufhhub final dra~t.docx Page 3. of l6 3.03 The Cooperative will be solely responsible for any and all permitting and/or licensing costs associated with its use of the Controller. 3.04 `Tlze Cooperative will be solely responsible far any and all costs associated with the purchase of equipment eampon.ents, modules, intert'acing hardware and the installation services required to utilize the SmartZone TM Controller. 3.05 The Cooperative agrees that only the County will connect to, expand,, or otherwise modify System components which are owned by the County. The Cooperative will fund such actions to be undertaken by the County an the Cooperative's behalf, and pursuant to the terms of this Agreement. 3 A6 The Cooperative will only be financially responsible for those actions undertaken on the Cooperative's behalf when the Cooperative has :agreed to the costs in writing prior to the eonnmencement of the activity. SECTfON 4: County's Digital Microwave Communications System 4.01 Pursuant to a separate- agreement between the County and Boynton Beach, the County will locate communications equipment at the Boynton Site. The County wiI1. allow the Cooperative to use the microwave system as a communication path between the Cooperative and the Controller located at the County's Prime Site. 4.011 Boynton Beach will solely utilize the 6T1 capacity in the Microwave System reserved for use by the Cooperative pursuant to separate agreement and that Delray Beach and Boca Ratan will transport from their systems to the County's Prime Site via leased T1s and :not via the Microwave System. 4.012 If Delray-Beach and Boca Raton subsequently decide to uti.Iize the Microwave System directly from their respective systems to fhe County's Prime Site, the individual City will be totally responsible for all costs associated with the purchase, installation, ownership, operations and' maintenance of equipment solely for its benefit. The provisions of Section 4.03 will also then apply to Delray Beach and/or Boca Raton. 4.02 The Cooperative: will be solely responsible for al] costs associated with interfaces between fine Microwave System ar the commercial telephone system and the Cooperative's System. 4.03 The Cooperative agrees that only the County will connect to, expand, or otherwise modify Microwave System components which are owned by the County. The Cooperative will fund such actions to be undertaken by the County an the Cooperative's behalf, and pursuant to the terms of this Agreement. ~ECTY:ON 5: Cooperative's Maintenance and Administration Costs 5.01 The Cooperative shall pay an annual maintenance and administration fee based on the following percentage of staff and material costs. The costs provided below present a not to exceed cast through October 2011. The posts for agencies using the SmartZone TM Controller are detemuned as follows: the capped estimated annual casts for fiscal year 2011 are multiplied by the fixed percentages and the sum of the costs for each category are apportioned out to the user agencies based on the number of active talk groups fox each agency. As additional non-County users connect directly to the SmartZone TM Controller, the Cooperative's percentage of the total cost wi.11 6e reduced. South liub g:lscoope~'ti800 mz6 agreemeAtslsouYh hnblsouth hub final draft.docx 1?age 4 of 16 Estimated Annual Annual .Staff or Materials Cost Percent Cost Radio System Manager $100,000 .20% $20,000 ESS Planner $75,000 IO% $ 7,504 Engineering Services $100;000 20% $ 20,000 PartslSupplieslSoftware $50,000 30°fo .$15,000 Total $52,500 SAII The County reserves the right to charge the Cooperative on a time and materials basis for the afterhours emergency trouble reports that are not the result of a failure ofthe SxnartZnn~: TM Controller, the Ambassador switch, anicrowave system or related subsystems or software. 5.02 The County sha11 inform the Cooperative of any adjustments to the maintenance and administration costs each year during the month of March. The Cooperative shall pay the maintenance and administration fees as a check payable to the Board of County Commissioners. The County shall invoice for payment tar October and payanent shall be due November 30`x. Each year the County shall re- calculate the fees provided in this Agreement. The new calculation shall consider increases to the number of native talk groups and annual maintenance. and administrative costs. Using the allocation methodology described in this Agreement, the costs contained in Section 5.01 can be .modified annually based on a letter agreement executed by the County Administrator (of his designee) and the Chairman of the Cooperative. 5A3 The Cooperative shall provide to the County copies of their software licenses for the use. of the SmartZnne system features associated specifically with the Cooperative. These licenses shall be :submitted to the County priax to the Cooperative commencing operations nn the SmartZorte TM Cnntroller and renewals shall be provided thereafter as prescribed by the license(s). 5.04 The Cooperative shall have the authority to connect and utilize the features and capabilities of the. SmartZone TM Cnntroller to provide interoperability bet~,veen the cities of the Cooperative and other agencies as maybe authorized at a future date. The Cooperative shall have access authority to the SmartZone TM Controller that will allow the Cooperative to establish talk groups and subscriber units on the System within the allotments provided in Attachment A to this Agreement. The Cooperative shall program talk groups or subscriber units for operation only to radio systems owned and operated by the cities of Boynton Beach, Delray Beach and Boca Raton. 5.05 The County .shall attempt to notify the Cooperative a .minimurrt of seventy two (72) hours in advance of all scheduled interruptions of the SmartZone TM Controller's capabilities. The County shall make every effort to limit scheduled interruptions of the SmartZone T1V1 Controller service to no longer than ninety (40) minutes. Scheduled interruptions of service shall occur between 2:00 a.m. and 6:00 a.m. whenever possible. South Hub g:lscooperlBDl} null agreemeotsls°uth hubls°utM hub final drait.da« Page S of 16 5.06 The Cooperative shall be responsible €or main#aining the equipment components that make up the Cooperative's System and the associated equipment used to interface with the County's System. 5.07 The Cooperative shall have the authority to utilize private call and telephone interconnect features for the operations of their agencies. The Cooperative recognizes the County's use of the System does not include those features, As a result, additional equipment and software licenses may be required to implement these features. SECTION 6: System Capacity p'orerast Assumptions 6.01 The County and the Cooperative agree that it would be mutually benefeial to maximize the number of city-county tallc groups with capabilities for Systenn-wide roaming. The system design forecast does not project any System capacity is available to achieve this objective; however, as the System is used, the County will have actual System use data that can be used in lieu of the System use assumptions used for the original system capacity projection. The County agrees to periodically reevaluate law enforcement's use of the System compared to the projections, The specifics of this evaluation are identified in Attachment B to this Agreement. 6A2 Roaming shall be allowed between radio systems of the Cooperative members at the discretion of the Cooperative. Roaming shall not be allowed, as bf the date of this Agreement, from Cooperative systems onto the County system nor from the County system onto the Cooperative systems. SECTION 7: Intentionally Deleted SECTIONS: County's Obligations to Cooperative's System 8.01 Nothing in this Agreement- shall represent a cotnznitment by the County, or shall be constnzed as intent by the County,. to fund any portion of the Cooperative's System. 8.02 The County shall provide a response by a qualified technician to any failures of SmartZone that impact the operation of any of the Cooperative's radio systetns within two (2) hours of being notified of such failure. The County shall take all possible actions to restore SrnartZonc functionality to full operation withput delay. 8.03 The Cooperative shall give the County twenty-four (24) hours notice of the need to access the SmartZone Controller facility for routine maintenance or installation of Cooperative equipment. Afterhours ar emergency access shall be provided through the emergency trouble reporting procedures established for the System. SECTION 9: Utilization of Countywide Common Talk Croups 9.01 The EMS Talk Groups were implemented specifically for emergency medical communications between the emergency providers and hospitals in and around Palrn Beach County. The usage of the talk groups are defined below. 9.011 Scenario of Usage Cooperative units operating: on the 800 MHz system will contact hospitals directly by .selecting the specific talk group assigned to that hospital. Any EMS units not on 800 MHz should contact County Fire Rescue dispatch on Mod 8 and will in turn be patched to the appropriate hospital, Soufh Flub g:lscoopor1860 mzh agreemenislsouth hublsouth hub 6aal draft.docx Page 6 of 16 9.42 The Common Talk Groups; a5 set Earth on Afitacl-mept "C" to this Agreement, were iniplamentcd .specifically far inter-agency communication among. multiple agencies, regardless of their specific discipline or affiliation. They were also created to allow communications between agencies without requiring cross-programming operation talk groups in each agencies radios. Proper usage of the Common.Talk Crroups are defined below. 4:021 Scenario of usage: 1. .~. unit requesting to coordinate a multi jurisdictional operation or call for mutual assistance; places a call on the Call Talk Group for the appropriate discipline (i.e. Law Enforcement, Fire Rescue, or Local Government) .to the. dispatch center of the required agency(ies). 2. The responding dispatch center assigns. one of the Corntnon Talk Groups to the requesting unit and contacts its agency's units} and requests that the user switch to the corresponding talk group. 3. The participating units would communicate on the Common Talk Group(s) and upon completion. of the operation; the talk-group is cleared of all radio traffic and put back into the pool for other ageineieS. 9.422 Examples of approved usage for Common Talk Group are the following: I. Working talk group for multiple agencies fighting a fire together. 2. Coordination during a police chase through multiple jurisdictions. 3. Coordination during disaster recovery. 4. Coordination for a special event which requires participation of multiple agencies and disciplines (i.e. undercover operations, investigations, perimeter communications, fire-ground coordination, etc.}. 5. Coordination for scene security and establishment of landing zone for aircraft. In addition, the Comrnan Talk Groups could be used by any agency experiencing catas#raphic failures of their own communication system for a predetermined amount of time. In order to utilize the Common Talk Groups for the foregoing situation, the agency must obtain the pez~rraission of the Radio. System Manager. once approved by the Radio System Manager, the Common Talk Groups could be temporarily utilized until repair of the agency's communication system is complete. 9.03 The Common Talk Groups shall not be used for every-day routine communications. 9:03.1 Examples of improper use are the following: 1. As an extra talk group for agencies that have. cross programming agreements and duplicate talk groups programmed into their radios. South Hub g:lscroopcr1806 mzh agreements`south hublsopth hub final draft.docx Page 7 of 16 2. To .provide an extra working talk-group for a single agency supporting a special event or operatian (i.e. undercover operations, investigations, perimeter communications, fire-ground coordination, etc.). As an additional dispatch,. administrative, or car-to-car talk group for use by a single agency. SECTION 10: Frequencies The Parties agree that the frequencies held by. Palm Beach County and the frequencies held by the Cooperative shall be separate and shall be implemented and used at the sole discretion of the individual parties. SECTION 11: Liability The parties to this Agreement and their respective officers. and employees shall not be deemed to assume any liability for the acts, omissions and negligence of the other party. Furthermore; nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. SECTION I2: Term of Agreement The term of this Agreement shall be for a period of five (5) years frorn February 3, 20.11. This Agreement may be renewed for an additional period of three (3} years upon written modification by all Ferries. Should the Agreement not be renewed at any time in the future, the provisions of the ternnination clause shall apply. SECTION 13: Amendments to this .Agreement 13.01 This Agreement may be amended from time to time by written amendment by all Parties. 13A2 In the future, if the County enters into an agreement(s) with other municipalities which terrn€s are more favorable than those contained in this Agreement, the County agrees to amend this Agreement to match the more favorable terms, by written amendment executed by the County Administrator or his designee, the Director of Facilities Development & Uperations. This provision does not. apply to Section 4 of this Agreement. SECTION 14: Termination 14.01 The County can only terminate this Agreement as a result of any default of the Cooperative pursuant to this Agreement. 14.02 The Cooperative may terminate the Agreement with sixty (60) days notice to the County. All iniprovemerxts made to the SmartZone TM Controller, the. Ambassador Switch, the microwave system, and related subsystems by the Cooperative; ar on its behalf, shall reriYain part of the equipment wherevnstalled and ownership shall transfer to the County. SECTION 15: Administration 15.01 The Palm Beach County Electronic Services. .and Security Division is Charged with responsibility for administering tl~e System. Within. the Electranie Services and Security Division a South Hub g:lscuoper184[I mzh agreementslsouth hublsouth hub titre! draft.docx Page 8 of LG position with the tale of $QO MHz Radio System Manager will be the City's day to day contact and can be reached at 551-233-0837. The Electronic Services and Security Division is staffed from 8:OOam to S:OOpm, Monday thrnugh Friday, excluding County holidays. After hours emergency contact shall be made through the County's Emergency Operations Center at 561-712-642$ and the appropriate on-call contact will be made. 15.02 The administrative policies for the Srnart7,one TM Controller shall be established by the CRSSC. The County and the Cooperative agree to abide by the policies. sn established. 15.03 The Cooperative shall assign a representative to attend. the CRSSC user committee meetings for each of the law enforcement, fire rescue and public works disciplines for which the Cities have subscriber units programmed on the System. Participants at these meetings will discuss all system maintenance and administration issues. Non-critical problems or suggested changes shall be presented at the meetings. As agreed to by the user committee members, issues discussed at the meetings shall be forwarded to the Radio System Manager of the CRSSC for final approval. 15.04 The Cooperative shall be responsible for adhering to the policies -and procedures established for System use. Should the Cooperative not follow the established procedures, there shall be three {3) warnings before corrective action is taken, The CRSSC shall have the authority to direct the Radio Systenrii Manager to implement modification to the network including disabling units of disabling access to the System. 15.05 The Cooperative shall receive certain access codes to the Palm Beach County System and shall be responsible for safeguarding the code inform~aYion from release to unauthorized parties. Service staff directly employed by the Cities of the Cooperative shall be considered authorized to receive access and programming codes for the maintenance of their agencies' radio equipment. Commercial service providers are not considered authorized to receive access of programming codes for the County's System. Agencies that plan to use commercial services for their system or subscriber unit maintenance must include confidentiality requirements in their contracts with the commercial service providers acceptable to the Radio System Manager before access or programming codes may be released to these cotxzpanies. 15.06 Commercial maintenance service providers are not considered authorized to receive access to programming codes for the County's System, unless meeting the requirements of Section 15.051 andlor 15.052 below. If the City does not have employees capable of programming City radio equipment or prefers to have others program City radio equipment, it may request that the Palm Beach County Sheriff's Office, Palm Beach County Fire Rescue or Palm Beach County Electronic Services & Security Division program City radio equipment under the terms of a separate agreement. 15.0$1 If the City uses a commercial service provider to program City Radio equipment at the time of execution of this Agreement and desires that the commercial service provider program-the City radio equipment with the Common. Talk Groups, the City must submit its existing contract with the commercial service provider to the Radio System Manager fez review. The review will focus on whether the contract terms between -the City and the commercial Service provider are adequate to protect the County's radio system from misuse, harm qr release of .access and programming codes to unauthorized persons. Notwithstanding the previous statement, the County retains the right, in its sole opinion -with or without written reason or cause, to approve or disapprove the use of commercial service provider, If approved, the Radio System Manager will release the access and programming codes to the commercial service provider. The City will be responsible for ensuring that the commercial service provider adheres to the terms of this Agreement pertaining to the proper use of pragtanuning codes. anc3 radio equipment use. If eat approved, the City shall use either Palm Beach County Sheriff's Office, Falm Beach County Fire South Tub g:tscooperl$00 mzh AgreementsSsouth dublsnuth hub final draft.docx Page 9 of 16 Rescue or Palm Beach County Electronic Services & Security Division to program City Radio equipment with Common Talk Groups. 15.D62 If the City intends- an using a commercial service provider to program City radio equipment with the Common Talk Groups, the City shall submit the appropriate bid documents/contract to the Radio System Manager for approval prior to soliciting a bid or quote from the commercial service provider. The Radio System Manager will work with the City to develop the appropriate language for the contract which will allow for approval of the commercial service provider. Notwithstanding the previous statement, the County retains the right, in its sole-opinion with or without written reason ax cause, to approve ar disapprove the use of a commercial service provider. If approved, the Radio System Manager wd1 release the access and programming. codes to the commercial service provider. The Gity will be responsible for ensuring that the comrriereial service provider adheres to the terms of this Agreement pertaining to the proper use of the programming codes and radio equipment use. If not approved, the City shall use either the Palm Beach Chanty Sheriff's Office, Palm Seach County Fire Rescue or Palm $each County Electronic Services & Security Division to program City radio equipment with Common Talk Groups. 15.07 The City is solely responsible for the performance and the operation of City equipment and any damages or liability resulting from the use thereof. Should the County identify malfunctioning City-owned equipment, the County will request the City to discontinue use of the specific device unkil repairs are completed. The County may, at its discretion, disable the equipxinent from the system after properly notifying the City in writing if the device is causing interference to the system. 15.08 In the case of stolen or lost equipment, the contact person identified in Section 15.01 will notify the Radio System Manager by e-mail or fax authorizing the Radio System Manager to disable the equipment. The authorization shall provide the County issued individual unit ID numiber and the serial number of the radio. The Radio System Manager will advise back via a-mail when the radio has been disabled. A request by the City to re-activate a disabled radio will also be required in writing by e-mail or fax to the Radio System Manager. 15.09 The Cooperative shall have the capability to generate call activity reports, faulty reports and reports about the infrastructure equipment, as well as subscriber units established on the individual radio systems of the Cooperative. 15.10 The Cooperative shaII have access through theix SmartZone Manager Terminal td receive alerts and alarms far the SmartZone TM Controller as well as the infrastructure equipment for their individual communications systems. 15.11 The Cooperative shall be responsible for including the requirements of Section 9 and Section 15.06 of this Agrcernent in any agreerr~ent with another municipality or agency for communications, dispatch, police or fire rescue services. SECTION 16: Annnal Budget Appropriu~tions The County's and Cities' performance and obligation to pay pursuant to this Agreement are contingent upon annual appropriation for its purpose by the 13aard of County Commissioners and each individual City Council. South F{ub g:lscoopcr16D0 mzh agreeneentslsooth hublsGUth huh finaE drah.daoi Page 10 of T G SECTION 17: Notices Any notice given pursuant to the terms of this Agreement shall be in writing and done by C.er4i~ed IVlail, Return Receipt Requested. The effective date of such notice shall be the date of receipt, as evidenced by the Return Receipt. All notices shall be addressed to the fallowing: As to the County: County Administrator 301 North Olive Avenue West Palm Beach, FI, 33401 Director, Facilities Development & Operations 2633 Vista Parkway West Palm Beach,l~T, 3341 I With a copy to: 800 MHZ Radio System Manager 2bg1 Vista Parkway West Palm Beach, FL 33411 County Attorney's Office 301 North Olive Avenue West Palm Beach, Florida 33401 As to Boca Ratan: City Manager City of Boca Raton 201 W. Palmetto Park Rd. Boca Raton, FL 33432 With copy to: Chief of Police City of Boca Ratan 100 NW Boca Raton Blvd. Boca Raton, FL 33432 As to Delray Beach: City Manager City of Delray $each 100 NW first Ave. Delray Beach, FL 33444 With copy to: Chief of Police City of Delray Beach South Huh g:iscooperl$DO mxh agreeuientslsauth hnh4south hub final draft.docx Fage I l of ] 6 3.00 W. Atlantic Ave. Delray Beach, FL 33444 As to Boynton Beach; City Manager City of Boynton Beach 100 F,. Boynton Beach, Blvd. Boynton Beach, FL 33435 With copy to: Chief of Police City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 SECTION 18: Applicable Law /Enforcement Costs This Agreement shal3 be governed by the laws of the State of Florida. In any litigation brought by a party to this Agreement to enforce the terms of this Agreement, each party. shall bear its own costs and attorney's fees incurred in connection therewith. SECTION 19: I+Sliing A copy of this Agreerr~ent shall be filed by Palm Beach County with the Clerk pf the Circuit Court in and for Palm Beach. County. .SECTION 20: Delegation of Duty Nothing contained herein shall be deemed to authorize the- delegation of the Constitutional ar Statutory duties of any party. SECTION 21: Effective Date This Agreement is expressly contingent upon the approval of the Pahn Beach Co~znty Board of County Camrnissioners and shall become effective only when signed by all parties and approved by the Palm Beach County Board of County Commissioners. {Remainder of the page intentionally le#1 blank} South Huh g:lscooper18fl0 mzh agreetneutalsouth hablsouth hub final draft.cfacx Pale 12 of 1 G IN WlTNF,SS WHEREOF, the paxties. have caused this Agreement to be executed on the day and year first written above. ATTEST: SHARON R. BOCK; CLERK & COMPTROLLER By: Deputy Cleric APPRQ'VED AS TO FORM AND LEGAI. STfFFICIENCY: By: . County Attorney PALM BEACH COUNTY, a political subdivision of the State of Florida By; Karen T. Marcus, Chair AFFROVED AS TO TERMS AND CONDTTIpNS: By; Audrey Wolf, Director Facilities Development & Operation SOWSEI Huh g:lscoopcrl8(f0 mzh agree~nantslsouth huhLcouth huh Fual draft.dopc Page 13 of ] G ATTEST: CITY CLERK CYTY OF BOYNTON BEACH, a municipal corporation of the State of Florida By: City Clerk APPROVED AS TO FORM AND I.EGA.L SUFFICIENCY By: City .Attorney South Hub g:lscopperlBQQ n7Z6 agreementslsouth hublsputh hub final draftdpcx Br• Mayor Page 14 of 16 ATTEST: CITY CLERK By: C~'I'Y OF DELRAY BEACH, a municipal corporation of the State ol'Florida By: City Clerk Mayor APPRQVED AS TO FORM AND LEGAL SLIFI~XCIENCY $y: City Attorney South Hub g:lscooperlSOU mah agreementstisoufh hublsouth hub Caaf drah.dacx Page l5 of 16 ATTEST: C1TY CLERK By: .City Clerk APFROV?D AS TO FORM AND. LEGAL SUFFICIENCY By: City Attorney South Hub g:lscooper1800 mzh agreeinents~oath hublsquth hub Rnal draft,datx CITY bF BUCA BATON, a municipal corporation of tie State of Florida By: Mayor Page 1 fi oft G w J m Q H Z d a U O J Q ~_ Z O d~ h ~']- f7 M ct O N [D C~ M CCl Cij C aC) to ~ cp. N W a ~ ~ ad J ~ mrn ~Tm~IOnr~i io r InO II7 +-~ O m W dcOvo~n O d ~ ~'_. t 9 ~ ~ ~ IN+ ~ ti >r ~ m~ON~~ R Q ~ a .. °- Imo mo°aoaovo n0 ~ n A ~ ~ n n r y -' r GJ C N ~ N ~ ~ a ,~ O ~- C71 O1 ~ a~ ~ n W vim c q ~a~~¢d o ~ ; ;Y ~ N N N ~ tl ,~ N ici u'~ n ca ~ ro N Y (+j U ~ Q ' - t1 m Onr47 ~In • O CA C O C'7 u7 01 10 O C W 4?LL7 tA7 ~O 00. -Ns!' O o S.7 ~ ~~4 a?,abp a00 ~ Y a ~." p 0 p C+~'?~~7 ~7 u 7. ~ Itf [!7 OOOrN (a ~ 0 0 0 0 0 OpCA t10 tb X rN[77~ ~ Z tU C o `° ~ ~ C U ~ Q ~ W R m a c C O ¢ Y C F ~' r N r Ih O n O n O W b n 0 fO 6 aD O r r r M r r M r 'k ~?'! n ~`'~ r W d ~ r- ' ' . 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A m m ~ ~ ~ n D b@ ~.Q a ~~ m Y Q'C .~ UY H r . n Y W N Wy tl Y N N CO 'O. C 16 Y m m NL. •r. - N c-3 ,3 p~ N~ m eC"c~~m~o~~Qr~}U ~,~ EEE~c.wEasc/hy~° a 3~~ z° ~ 4 F m° ~ a a c cn µ-I O Ra Attacltment `B" System Capacity Forecast Re-evaluation In order to implemen# Section 6 of the Agreement, the County agrees to the foIlawing. `I'wo (2) years after final .acceptance of the System and complete migration of PBSO t0 the system and every three (3) years thereafter, the forecast of System capacity will be re-evaluated. The re-evaluation will entail 'the substitution of actual System use data for System use assumptions used to detezxxaine System capacity. The. re-evaluation will be done by performing an Erlang .study based on actual system. usage data, actual unit quantities and, revised unit quantity grown for-the remaining system build-out. The System use assumptions used to determine. the oz7iginal system capacity projections are identified as follows: System Build-out: 2013 Number of Voice Channels: 27 (See note below} Calculation Model: Erlang-C Standard Call - Seconds/Llnits: 3.77$ seconds Loading: CalI/HourlUnit: 1.7036 Ball-seconds Worlang Channel Overhead: 0.5 seconds Maximum Acceptable Delay: 1 second Average Message: 4.2fi$ seconds Offered I.aad: 14.3634 erlangs Basic Grade of Service: 0.20 percent Delayed Call Grade of Service: 0.01 percent Percentage of Time each Channel in Use: 53.2°/a Agency Parameters Unit Quantity by 2013 Peak Erlang by 2013 Law Enforcement 3412 G.91 Fire-Reseue/E11rIS 1405 2.84 Gen. Govern. Total 2278 7095 4.61 11.36 Note: In3plernentation of two additioztal channels capable of countywide coverage is required to meet the operational minimums for the full 15 year system life cycle. To determine the availability of system capacity to support city-county talk groups, the above assumptions will be compared with actual use data and the assumptions will be adjusted accordingly for law enforcement. Using the adjusted parameters an Erlang-C study shall be performed to determine capacity usage. In the event that the re-evaluation indicates that overall law enforcement usage is Iess than that computed by the assumptions {including the projected growth in nuia~ber of County law enforcement radios and the actual use for those projected radios), the County will re-direct that law erforcement capacity difference to allow for certain talk groups to have roaming feature activated. Municipalities proposing S.uuth Hub g:lscooper1800 mzh agreeQtentslsouth hublsoUth hub ~inaldraft.dOCx Page 1 of 2 roaming talk groups shall provide Erlang study data to demonstrate the identified available capacity can support the call traffic from the proposed city-county talk groups. To ensure comparable Erlang study results, municipal studies shall be based on the .same methods and calculation model as used for the County's study. The number of specific city-county talk groups to use the roaming feature will be based on an evaluation of all city-county talk groups, capacity needs for each talk group, the capacity available, the number of radios with access to the talk group, the riskls#ress involved in activities using each talk group, and any z~onitoring requirements. All cities in the County will be able to participate in the identification of law enforcement city-county talk groups for consideration to go to System-wide roaming. The Cooperative acknowledges that the capacity which may be re-assigned to enable city-county_ talk groups with the: roaming feature is avaiIab.le to all cities in the County not only those in wi~ich the Cooperative routinely part~icipateS. As the System has countywide coverage it will not be necessary for County users to activate a roaming feature. As a result, any costs associated with the re-programming of subscriber units and the SmartZone TM Controller will be borne in its entirety by the entity proposing the city-county talk group. The re-assignment of any capacity initially forecasted to fire rescue and general government users, is at the .sale discretion of the County. South Hub g:lscooper1800 mzh agre4mentslsouth hublsnutle hub final draft.docx 2 of 2 ~r a) V r W Q a 3 a E E w y ~ ~ f~ ~ `0 0 0 U `o m~ o :~ A }s o '~ ~ caUE~EaE . ~ ~QO~.Ud[gaU 3 ~ E E ~ ~ C7 ~ N 'r U C C C O C O~~ ~ ~' ~d¢~¢~E¢~E~E~E g ¢ ~a ~ ~' m o d a ~ o a ~0 0 G IL lLUl1 U. U..UQ - Qc.a `, ~ ~~ ppE E ~' ~` ~, 2~ U U ~ Ud g'u o y 4 g~~044~Qo~o EmEmEmE~E ~ ~- ~~ Am. U.~U~Udi}p~.U : E o m ~ ~ ~ . U m S' o ~ ~ ~ o U v~ ~ E u E -c a a E E E ~ d 3 ~a,QUdU~U 4 ~ E E o a o U w. ~}ro~o~1 aU . P_3y~E~EgE3~ ~~ mn E:'n E;Q E ~ m ~ p O:~g G~.U ~CJ~U~a ~ Um E ~m~i' u ~ :~` :~ ' ~ mom a ~~~o~o~o'~ o E¢E¢EgE¢E a~¢ o~~o~p€paEgEpEmo ~'lL w.U li U tL U kL E] LL U .~ Q W '= E E 'v U ij _~ ~ '' ~' ~ ~ p ~ p V U U as~~ `o . C C C L a~aadoaQ¢o ~ c ~ ~ E m EE~ E m E aid ~d 4U[6iUf1°CSa°C}~[~j d t1 O Op P :"::m: oo iN0 .n. o N : ~ Iti A d ~p ~ O O 1~+ ~ t~ e~+ u~ ~ p L] O O p Itf ~~ ~ ~iN1 ~ o ( V : ~ ~ . ~. m~ f~ ( ~ (L m G0. m .m ~ 1q C7 C] Q] 1t0f~7i ~' W m m W ' ~ t7 IM1 N. A {~ ~ m m ~ W RI .~ ~ s I~ 3 = w ~ LL LL Q ~ ~ m z ~ ~ a ~ ~ ~ O p r Z ~ N , ~ y V ' 2 f!2 m m mm G C ((~~J W W ~ N M U N m ^ ~ N ~ ~ p ~ '~ tt Fmi lw k~. m LL q~ ~ LWI. 3L LL haL. LL Rs- O u. o~ p 1~L LL [Wi LL ~ LmL i~ O ~ ^ ~ A pmt m m W m O I O I 6 i W M ea ~ m ~n p p m m p ° O l 01 m O i O M cd ri en v ° ° ° p ° 01 m p i p j q m ~ ri ~ Itl m ° ° ° p ~ m m m ~ ~ a o m m ~ tv m m "~ 0 m 2 ~ N ~ ~ o 0 0 0 N L7 Q m 4 D '~ 0 0 Y ` N t7 V ~Ci 0 0 0 0 0 J ~ ~ ~ J O D ~ ~ ~ ~ 2 gz2 J ~ ~ ' U ~ ~ ! ~ V O U ll V V -V (~ a ~~ g w F w w w LLI J w w w w w .~ J J ,.,~ J ~~~~ ce a LL lL LL l~ [L LL a d a c~ J Q r z Q U N x 2 C9 a E ss d ~Z MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: January 13, 2011 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 RESOLUTION NO.OS-11 ITEM BEFORE COMMISSION Resolution No. OS-ll modifying the Financial Review Board. BACKGROUND Resolution OS-ll includes the following changes to address conflict of interest concerns the Commission has discussed previously as well as concerns with the nature and scope of some of the studies undertaken by the Board last year. • The duties of the Financial Review Board shall be carried out under the direction of the City Manager (or designee) and/or the City Commission. The Board will undertake reviews or take action in furtherance of such reviews as approved or directed by the City Manager or City Commission. • No City employee shall be eligible to serve on the Financial Review Board. • No officer or director of any organization which is receiving, has received or has requested financial assistance or in-kind assistance from the City within the past 3 years, shall be eligible to serve on the Financial Review Board. RECOMMENDATION City Commission approval of Resolution OS- ll . RESOLUTION NO. 05-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING RESOLUTIONS 55-09 AND 58-09, WHICH ESTAPLISHED AND CLARIFIED THE RESPONSIPILITIES OF THE FINANCIAL REVIEW POARD AND ITS MEMBER REQUIREMENTS, TO CLARIFY THAT THE POARD'S DUTIES SHALL FALL UNDER THE DIRECTION OF THE CITY MANAGER OR CITY COMMISSION AND TO RESTRICT THE MEMBERSHIP OF THE POARD; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Peach, Florida, desires to amend Resolutions 55-09 and 58-09 to provide that the responsibilities and duties of the Poard shall fall under the direction of the City Manager, or his/her designee, and/or the City Commissiony and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to prohibit employees of the City from serving on the Financial Review Board to reduce the possibility of a conflict with the employee's employment; and WHEREAS, The City Commission of the City of Delray Beach, Florida desires to prohibit officers or directors of organizations receiving financial or in-kind support from the City from serving on the Financial Review Board to reduce the possibility of a conflict of interest; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to prohibit City Employees and officers and directors of organizations receiving financial or in-kind support from the City from serving on the Financial Review Board in order to reduce the possibility of recurring conflicts of interest in accordance with Subsection 112.313(7)(a), Florida Statutes NOW, THEREFORE, PE IT RESOLVED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the responsibilities and duties of the Financial Review Poarc>, as set forth in Resolutions 55-09 and 58-09, shall be carried out under the direction of the City Manager, or his/her designee, and/or the City Commission. The Poard shall undertake the reviews or take action in furtherance of such reviews as approved or directed by the City Manager or his/her designee, or the City Commission Section 2. No City employee shall be eligble to serve on the Financial Review Poard Section 3. No officer or director of any organization which is receiving, has received or has requested financial assistance from the City within the past 3 years, or which is receiving or has received or requested in kind assistance from the City, within the past 3 years, shall be eligble to serve on the Financial Review Poard PASSED AND ADOPTED in regular session on the day of , 2011. MAYOR Attest: City Clerk RES. NO. OS-011 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 13, 2011 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 CHAMBER OF COMMERCE GRANT REQUEST ITEM BEFORE COMMISSION The item before Commission is consideration of the Chamber of Commerce request for a grant of $30,000 for Marketing the City to Attract Businesses. BACKGROUND The Chamber of Commerce originally presented a $110,000 Grant Request at the November 9, 2011 workshop meeting. The attached letter and application from the Chamber provide responses to questions raised in the City's November 17, 20101etter to the Chamber concerning their earlier request. However, the Chamber has now divided their request into two parts: BusinessDelray.org and Tourism Marketing. The attached letter presents a $30,000 Business Delray.org request. It does a good job of responding to the questions staff had raised about the initial request. The Chamber expects to present their Touriim Marketing Request at a later date. RECOMMENDATION After discussion in the Work Session on January 11, 2011, the majority of the Commission appeared to favor approving this grant request, with $20,000 to come from this year's budget and $10,000 from the FY 2012 budget. Funding for the $20,000 from this year's budget would come from the undesignated fund balance (prior year's surplus) unless other funding can be identified at mid-year. The Commission is requested to formally approve this arrangement, or modify it as you may see fit, with the understanding that the recipient is subject to the standard reporting requirements applicable to all City grant recipients. -- - - - ~," : ,~ GREATER DELRAY BEACH Chamber of Commerce January 5, 2011 Mayor Woodie McDuffie City Commission Mr. David Harden City of Delray Beach Delray Beach, Florida 33444 RE: Greater Delray Beach Chamber of Commerce "2011 Economic Development Campaign" Dear Mr. Harden, Mayor, and City Commissioners: Thank you again for the opportunity of presenting the Chamber's Marketing Grant Request to the Commission at the November Workshop. We have been working diligently to address the Commission's concerns presented during the workshop and addressed in your letter of November 17`", 2010. In order to clarify the request, we have divided the request into two parts. Today, we are submitting a Marketing Grant Request for the www.BusinessDelray.or~. At a later date, we will be submitting to you a Marketing Grant Request for the Chamber's Tourism Marketing efforts, including the www.visitdelraybeach.us web site. Specifically addressing the BusinessDelray.org request, we are addressing the 10 items addressed in your letter as follows: 1. Detailed Revenue and Expense Budget 'www.BusinessDelray.org Marketing Budget Income 'City Grant;. $ 30,000.00 58% Advertisement Income ! $ 12,000.00 23%' .Chamber Contribution $ 10,000.00 19%' Total Income , $ 52,000.00 Expenses Website Development $ 8,000.00 Website Maintenance $ 5,000.00 Florida Trend Adds (5) ! $ 20,000.00 (Site Selection Adds (4) $ 15,000.00 iWebAdds $ 2,000.00 BDB FAM Tour $ 2,000.00 Total Expenses $ 52,000.00 Man-hours have been omitted from the Revenue/Expense Budget above. However, the City/CRA Economic Development Director, other Delray Beach CRA staff, Chamber staff, and Chamber volunteers provide the man power required for this effort. 2. Complete Attached Application Form Attached 3. Goals Obiectives and Performance Indicators 1. Print and Web Advertising a. Goal: Promoting Delray Beach as a viable location to establish a business. To improve awareness and utilization of economic development programs and tools, and improve the performance of the economic development efforts. b. Objectives - i. Reach corporate executives and professionals ii. Promote utilization of Economic Development Programs iii. Improve Vacancy Rates in Commercial Properties c. Performance Measures: i. Google Analytics would give rich insights into website traffic and marketing effectiveness. ii. Actual applications to City/CRA economic development programs iii. Actual Vacancy rates in Commercial properties 2. BDB FAM Tour a. Goals: Promoting Delray Beach as a viable location to establish a business and as an important economic component of Palm Beach County. b. Objectives: Bring Site Selection Consultants to Delray Beach; change the image of our community; and introduce Delray's technology cluster to Site Selection Consultants that the Business Development Board invites to Palm Beach County c. Performance Measures: Quantify number of Site Selection Consultants that visit Track inquiries for further information about the community or a particular site 4. Is this a onetime Brant or an on-~oin~ request? This is a onetime grant. However, this project is to provide evidence of a strategic investment of successful actions to encourage the support for a dedicated economic development marketing budget for the City of Delray Beach. 5. What are your other fundine sources As outlined in the Income and Expense chart above, other funding sources are: 2 • The Greater Delray Beach Chamber of Commerce • Private Businesses advertising on the website • The Delray Beach CRA with staff support 6. DDA and DMC Coordination Neither the DMC nor the DDA market the City of Delray Beach and its eight business districts to non- retail businesses. 7. Who is you audience/customer Site Selection Consultants and executive/professionals/managers in the following targeted industries: • Aerospace/Aviation/Engineering • Business/Financial Services • Communications/Information Technology • i_ife Sciences • Tourism/Recreation/Entertainment 8. Has statistical research been done to determine your customer base strate~y? Up to now, statistical research has not been conducted to determine our customer base and we agree it is needed. However, the statistical information we will gain through Google Analytics mentioned in this grant proposal will serve as the initial step in allowing the Delray Beach Chamber Economic Development Committee identify all market segments. Funding of this grant will allow us to ascertain the numerous market segments related to tourism and allow us to then design programs and strategies that foster greater interest in our greater Delray Beach community. Most importantly, funding of this grant will allow the Economic Development Committee to begin a diversification process of attracting new customers interested in a wide range of available business opportunities and incentives through www.businessdelray.or~ . The information gained from this web site will allow us to first identify various customers and then proceed with strategies for further outreach. It will also help support growth outside the central core. Finally, the familiarization tour recommended in this grant proposal will give us initial qualitative feedback to be combined with the quantitative results from the Google analytics. Statistics from Google Analytics combined with interviews of meeting planners are the seeds that must be planted in this initial stage of market diversification. Funding of this grant will serve as the basis for further statistical analysis that identifies the most important market segments as well as providing the Economic Development Committee sound ideas and information for creating and implementing better economic development strategies for successful future growth. 3 9. How do you intend to partner with local hotels? Although this question is targeted to the Tourism Marketing Grant request, the Chamber intends to pursuit advertising income from hotels wishing to market their conference space. 10. What programs, facilities and aspects of Delray Beach are you tryine to promote? The BusinessDelray.org website is the message and method we are using to communicate the communities' attributes. The products we are selling are: 1. the community as a whole 2. individual commercial properties 3. conference venues 4. City and CRA economic development programs We thank you again for the opportunity to presenting our Marketing Grant Request, and we encourage your support and participation in this important effort to market our community as a "hot spot" for businesses activity in South East Florida. Sincerely, ~~ ichael Malone President Greater Delray Beach Chamber of Commerce 4 City of Delray Beach Application for a Marketing Grant for BusinessDelray.org For Fiscal Year 2010/2011 APPLICANT INFORMATION: Organization: Greater Delray Beach Chamber of Commerce Address: 64-ASE Fifth Avenue, Delray Beach, Florida 33483 Name and Title of Contact Person: Grant Request: 30 000.00 ORGANIZATION INFORMATION: Michael Malone President Phone: 561-278-0424 Please indicate which of the following criteria your organization meets: X Tax exempt status under Internal Revenue Code 501(c)6. Please include a copy of your notification letter. Not a private Foundation as defined under Internal Revenue Code 509.4 X Independent audit is performed each year. If so, please include. X Annual budget is approved by the Board of Directors. Please include. X Attach copy of last tax return or audit report Please outline the intended use of funds. The funds would be used to place print and web adds of the BusinessDelray.org website in order to help rebrand Delray Beach as a viable location for economic activity. What public benefit (educational, economic, health, etc.) will result from funds received from the City? Reaching the intended audience with the message carried by the BusinessDelray.org site will help attract new businesses to Delray Beach. New businesses will: ® Create Jobs; • Strengthen Targeted Industries; • Increase the tax base; and • Promote future development How many participants are currently utilizing your organization's program? N/A Of the total, how many are residents of Delray Beach? N/A Geographic Area Served: The BusinessDelray.org website serves the Greater Delray Beach area. What is the total cost of your program? The cost of the BusinessDelray.org site and its marketing efforts for 2010 and 2011 is $50,000.00 Please list those special event fund raising opportunities held in the City of Delray Beach in which your agency participated or provided volunteers and the number of volunteers provided at each: Special Event Delray Affair Golf Tournament Mayor's Prayer Breakfast Annual Gala Number of Volunteers Provided 52 25 10 12 Please list the other sources and amount of revenue being requested this fiscal year. See Annual Budget Has your organization received funding from the City of Delray Beach in the past? If so, please indicate the amount and year Yes. The Chamber has received the following economic development contributions in the previous years: 2007 $25,000 2008 $25,000 Please provide a Needs Statement (Why do you need the money?) explaining the reasons for your project and your request for funding. As per the International Economic Development Institute (IEDC), one of the common problems communities experience with their economic development programs is their underutilization. Executing effective marketing strategies can improve awareness and utilization of economic development programs and tools, and improve performance of the economic development effort. Recognizing the above, over the past 18 months the Chamber, through its committees, embarked on an ambitious program of initiatives we believe will have a substantial positive impact on marketing Delray Beach. One of these initiatives was the creation of the BusinessDelray.org websites. Businessdelrav.or~ was developed out of the need to showcase Delray Beach as the perfect city to relocate, start up, or expand your business. The website, completed in the second quarter of 2010, promotes Delray Beach to corporate site planners, corporate executives, business owners & entrepreneurs. It highlights Delray's geographic location, lifestyle, business districts, business incentives, city resources, city services and a whole array of information crucial to attracting and developing corporate relocation and expansion. In addition to promoting the community as a whole, the website also promotes available commercial properties within the City limits, conference venues, and the City's and the CRA's economic development programs. Now that the website is complete, we need to get the message out. Provide an Outcome Statement (What will be accomplished with the money?) explaining the impact as a result of obtaining funding from the City. This statement should be a paragraph in length and provide specific and measurable information. The marketing grant will allow the Chamber to purchase print and web advertising from publications to reach Site Selection Consultants and Executive/professionals/managers in the following targeted industries: • Aerospace/Aviation/Engineering ® Business/Financial Services • Communications/Information Technology ® Life Sciences ® Tourism/Recreation/Entertainment The selected publications expected to print advertising are Enterprise Florida Magazine (FTM) and Site Selection Magazine (SSM). FTM is the primary tool for both site selection professionals & corporate executives alike when considering Florida as a destination for relocating or setting up a new company in Florida. With over a monthly circulation of over 150,000 and 80,000 unique visitors to their website monthly, FTM is a crucial marketing tool for economic development in Delray Beach. SSM is the largest and most recognized national publication for corporate real estate strategy and area economic development. SSM is distributed to 44,000 site plan executives nationally every 6 months. Their online site, www.siteselection.com reaches over 100,000 more. SSM is the primary source of information to the site planning executive. Goal: Advertising campaign and editorial content will drive traffic to the businessdelray.org site where follow up of requested information /leads will be done by the EDC partners. Measuring: A quarterly report will be generated via Google analytics and given to the Greater Delray Beach Chamber of Commerce Board and the Delray Beach City Commission quantifying the monthly website activity along with analytics showing from which sources the visitors were generated through. Demonstrate how you will evaluate your results. These measures need to be directly related to the need and expected outcome. See response to question # 3 in the cover letter. As a condition of being funded, the recipient organization shall submit two Status Reports to the City Manager. These reports should be submitted as designated in the award letter. These reports need to address how the use of City funding has impacted the expected outcome as provided in the Outcome Statement. These reports need to include measurable evaluation information and should not exceed one page in length. Failure to submit these Status Reports may jeopardize approval of future requests for funding. The undersigned is submitting this application on behalf of the Organization. / ' ~~// ignature D to Michael Malone Name (print) President Title MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 13, 2011 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 ACQUISITION AGREEMENT/PUBLIC SAFETY CORPORATION/CRYWOLF ALARM SOFTWARE ITEM BEFORE COMMISSION This item is before Commission for approval of the acquisition agreement with Public Safety Corporation (PSC) for their Crywolf alarm software. BACKGROUND The City's agreement with SunGard for Public Safety Software included an optional purchase item for Crywolf, a false alarm tracking and billing system. The Crywolf software will provide for an updated false alarm tracking and billing solution with automated generation of notices and invoices. The system, which will be used in implementing the alarm registration/renewal process included in the recently adopted alarm ordinance revisions, includes aweb-based module for on-line registration. The cost of the software including installation and training is $40,850 (including several optional items). The first year's license, maintenance and support is covered with the initial purchase. Staff will be conducting a site visit to Boca Raton on January 18 to obtain further information about how they are using the system as they already have this software in operation. The attached City Standard Agreement includes a license and maintenance agreement. The agreement is in draft form pending final review/negotiation. If the attached agreements are approved, an amendment to the SunGard agreement will be brought forward at a future meeting to include updated Crywolf pricing. The payments for the software will be processed through SunGard to Crywolf. There is also a charge from SunGard to interface with Crywolf ($6,050) which will be covered during the upcoming amendment to the SunGard agreement. REVIEW BY OTHERS Funding for the Crywolf software acquisition will be available in 334-2111-521-66.10 after budget transfers (portion of funding will be available from overall public safety software budget, and remaining funds needed will be transferred in). RECOMMENDATION Staff recommends approval of the acquisition agreement with Public Safety Corporation for their Crywolf software contingent upon approval of the final agreement language by the City Attorney. STANDARD FORM OF AGREEMENT BETWEEN CITY AND PUBLIC SAFETY CORPORATION FOR PURCHASE OF PUBLIC SAFETY SOFTWARE SYSTEMS THIS AGREEMENT made this day of , 2011, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Public Safety Corporation (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 Crywolf Response RFP Section II -System Support Sheets F Crywolf License and Maintenance Agreement and Request for Quote dated January 14, 2011 G 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. 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 Crywolf License and Maintenance Agreement, then followed by Crywolf Response RFP Section II -System Support Sheets submitted as part of the RFP response from SunGard Public Sector, Inc., and finally followed by the Crywolf Response to Request for Quote dated January 14, 2011 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: Public Safety Corporation 103 Paul Mellon Court Waldorf, MD 20602 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. 10. The CITY and the VENDOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Agreement documents. 11. In consideration of ten dollars ($10.00) and other valuable consideration, the BIDDER shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the BIDDER and any persons employed or utilized by the BIDDER in the performance of this Request for Proposal. BIDDER agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. BIDDER agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the BIDDER, his subcontractors, agents, servants or employees. BIDDER 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. The indemnification provided above shall obligate the BIDDER to defend at his own expense or to provide for such defense, at the CITY'S option, 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 Contract whether the work be performed by the BIDDER, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the BIDDER the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the BIDDER acknowledges that the bid price includes said consideration for the indemnification provision. 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. 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: CITY OF DELRAY BEACH, FLORIDA By: Mayor VENDOR: BY: (Print or type name) (Print or type name and title) c~a rF~^~M 1°'a°q `~ Mr W X w ~~,. ~ ~ ~ ~~ ~... ~ -- ~ C~ T .N ~ ~ ' ~ p~N l^V W Y-Y ,.d' .' ~"' ~a, ~' -, ;....y :~ as ~, as ..~ a ~ : `~ } ~ ~~ 4 l _~ ~~~ ~ ~w ~~. ~ ~ , ~ `"'~ - w, ~---d ,~ ~ ~ ~ ,~ .., ~ ~ ~, ~n ~ ,~ ~ p ~~ '~~ ~' C"3 "~ r,~, ~ °y." ~ ~ ~~ ~ r ~~; ~ ~ ,~ '~ ~ Q tea ~` ° ~ ~ t.J r:-~ hip ~: ^"~' ~' ~ ..~ ~ ~° „, `-'+ „~ .~ "~ ;~~ ~ _ ~ ~` ,~ ~ ,~, ~ „~ ~ a~ ~ as ra ~. ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~, ~. .~ :a ~'1. 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C"~,. ~', t ~-+,.. m ~' ~~ ~ ~ Cd} ~.. ~ ~~ ~ ~ ~ ~ ~~ ~ ~ ~ ara "~ ,-" '~ '~ " ~ ~ ~ ~~~ « „,~~"', ~ "r't ~ ~ ~ ~ ~ ~ Cd ~~ cell 49.1 ~./ ~w ~ ~ ~ r • • 1~ r • • w s rr • • • • r+r 4 ~:~ ar ~ / ~ ~> ~u ,. ,..~ ~~ '' ~ ,.~ ~~ ~rry ~ ~ `r ~ ~ ~~~ r--, '~, rte ~~ lira ~ ~:~ ~, ~ ~ ,.~ ~ ~ ~ ~ ~ -~ ~.~a~5 ~ ~ ~ ~ ~ ~~ ~ ~~ •' C°- cam, rr~.. d L r x' ~." ~'. ~.~ ~:i .,,... ~:~ .~ ~ ~~' k~ „k• ~,, J-..y `~~^ ~ .„ 6a .~ ~ ~ ~~~ #, '~ A~ ~ ~ ~ ~ ~~ ~ ~ .. ~ 7 c ,fir ~ e.-o ,~ ' ~ r.. ~ ~ 47 fir' ^,b ~ ~ ara ,~ Q ~ ~ ~ ~ • r~ ~! u i] ~~ l .~;, ,.-~- „~ C7 ~_~ a:a ;-~ ~:] ~ ~ ~ ~ ~ ~ ~ ~. ~ ~ ~ ~ ~` p ~ ~ ~ ~ u r ~ ~ ~ ~ ~~ ~ (~ ~ ~~'~ ~ ~+ ~ ~~" ''~ `~' 0.3 ~ ~ ,gip a~ ~ ~ a ~ ~ .~ ~ ~; ".~~ ~ "~' ~' 4.~ EXHIBIT G Public Safety Corporation 103 Paul Mellon Court Waldorf, Maryland 20602 Toll Free: 1-877-729-WOLF ,o c iryo Ilf,o u ANNUAL END USER SOFTWARE LICENSE AND MAINTENANCE AGREEMENT This Agreement between Public Safety Corporation (PSC), located at 103 Paul Mellon Court, Waldorf, Maryland 20602; and, City of Delray Beach, Florida (End User), with its principal place of business at 100 NW 1st Avenue, Delray Beach, Florida, 33444. WHEREAS, PSC has created and markets a patented (U.S. Patent No. 6,856,246), software proprietary product called CryWolf~, (also referred to as the "Software"), an integrated suite of software applications operating in a Windows-based environment, designed to assist false alarm reduction managers and planners in government agencies and industry in accessing information relevant to false alarms; and, WHEREAS, PSC is the owner of the Software and has authority to license the Software to End User; and, WHEREAS, the Software has been developed at PSC's private expense for the commercial marketplace and is not in the public domain; and, WHEREAS, the End User desires to obtain anon-transferable, non-exclusive license to use CryWolf ~. NOW, THEREFORE, the parties agree as follows: Scope of License. The End User is hereby licensed annually, for so long as the End User continues this Annual End User Software License and Maintenance Agreement (Agreement), to use the Software on the End User's single system, network, or multiple independent systems, as stated in Schedule A -Provided Software Licenses. 2. Implementation Services to End User. Training, installation and other support services are to be provided, as stated in Schedule B -Provided Software Licenses. 3. Payment. The End User shall purchase the software license(s) and implementation services described herein. The payment(s) for this purchase are due according to the payment terms in the End User's Software License and Services Agreement with SunGard Public Sector Inc. Travel expenses shall be due and payable as provided in Schedule B. 4. Technical Support. PSC shall provide End User with technical support by telephone, electronically, and by publication for no additional fee as part of this Agreement. PSC maintains a website to facilitate its technical support. Last Revised: 05/1/07 Delray Beach FL Crywolf EndUser License 011411 FINAL AOT Public Safety Corporation Annual End User Software License and Maintenance Agreement Page 2 Upgrades and Additional Services. The End User and PSC may upgrade, add to or modify Software or related support services in conjunction with this Agreement or at a later time by executing a mutually agreed contract supplement. The license for the use of any upgrades to the Software or its documentation supplied through such agreements shall be covered by the terms of this Agreement. 6. Changes. The End User may request, by written notice to PSC, an alteration in the scope or duration of the training, installation and/or support services. All changes shall be incorporated into this Agreement by the parties' execution of a mutually agreed contract supplement. No change directive shall vary or otherwise affect the terms, conditions and provisions of this Agreement except as specifically set forth in the mutually agreed contract supplement. 7. Annual Software License and Maintenance Renewal. One year after live software operation, the End User shall have the option to continue the Agreement on an annual basis with PSC exclusively. Live software operation shall occur at the date on which the software is first used by the End User to generate false alarm notices and or invoices for mailing to alarm users. The annual fee for continuing this software license and maintenance shall be $4,650.00 for the first annual period based on the provided Cry Wolf Software licenses described in Schedule A, and shall be paid directly to PSC. After the first annual period, the fee may be increased by no more than 6% annually, unless custom software modifications are made at the End User's request, or additional software licenses are added by executing a mutually agreed contract supplement. 8. Not for Commercial Use or Resale. Use of the Software is limited to use by the End User. The End User may not use this Software for commercial purposes. The End User may not resell, or otherwise transfer for value, the Software. 9. Removal, Transfer, or Modification of Software. The End User shall keep all copies of the Software at the actual site(s) of installation and in no other place (except that one back-up copy maybe kept at the End User's usual location for keeping computer data back-ups). The End User shall not remove the Software outside the United States. The End User shall not modify nor authorize modification of the Software in any manner without express written permission of PSC. 10. Reproduction and Copyright. The Software is protected under the Copyright and Patent laws of the United States, and as extended by treaty, Canada. The End User may not copy, or allow anyone else to copy or otherwise reproduce, any part of the Software without prior written consent of PSC, except to store and/or install AOT Public Safety Corporation Annual End User Software License and Maintenance Agreement Page 3 a copy of the Software on a storage device, such as a network server, used only to run the Software on other computers over an internal network. The Software must be copied as a whole and each copy must include this Agreement. All other copying is prohibited. 11. Limitations on Reverse Engineering, Decompilation and Disassembly. The End User may not reverse engineer, decompile, or disassemble the Software. 12. Separation of Components. The Software is licensed as a single product. Its component parts may not be separated. 13. Notices of Intellectual Property Rights. The End User shall assure that PSC' s notices of intellectual property (e.g., patent, trademark, and copyright notices), if any, shall remain visible on the Software when displayed electronically or when output created by it is printed out. 14. Warranty and Disclaimer. The Software will perform substantially in accordance with its accompanying documentation, and the functional description of features in PSC's marketing literature. PSC agrees to correct or replace, at its own expense, any software that does not conform to this documentation or description of features. As to the Software and its documentation, ALL WARRANTIES OF MERCHANTABILITY OR FITNESS OF USE FOR A PARTICULAR PURPOSE, EXPRESS OR IMPLIED, EXCEPT FOR THOSE CONTAINED IN THIS AGREEMENT, ARE DISCLAIMED AND WAIVED BY PSC. The Software is licensed "as is" and PSC does not guarantee that the Software will meet'all requirements" of the End User's business or all requirements of the Software with which it interacts. PSC shall not be responsible for any damages, consequential or otherwise, that the End User or its employees or agents in the use of the Software may suffer. (Such damages shall include but not be limited to lost profits, lost sales, all actions lying in tort, prima facie tort, or any other cause of action arising out of the use or performance of the Software.) 15. Termination. The software license shall terminate immediately if the End User does not comply with any term of this Agreement, including but not limited to, nonpayment of license and maintenance fees, nonpayment of other contracted for services, removal of the Software to an unauthorized location, unauthorized copying of the Software, or modifying the Software in any manner. The End User may terminate this license at any time by so indicating in writing to PSC. 16. Return/Destruction of Software. Upon termination, this license shall cease; all copies of the Software and documentation shall be returned to PSC or destroyed, at PSC's option. Any use of the Software after termination is not AOT Public Safety Corporation Annual End User Software License and Maintenance Agreement Page 4 authorized by PSC and shall be considered by PSC to be infringement of its intellectual property rights. 17. Protection of PSC Trade Secrets and Intellectual Property. Except as directed by PSC and permitted under this Agreement, the End User shall not at any time during or after the term of this Agreement allow the copying of the Software or its documentation by any person, or permit any other person to authorize copying or make copies of the Software, its documentation, or any part of it. The End User shall not decompile, reverse engineer, or disassemble the Software. Only the End User' s employees or agents understanding the basic terms of this license and who are aware of PSC's ownership of the Software shall have access to any facility for copying the Software or decompiling, disassembling, or modifying it. PSC hereby grants the right to the End User to copy the licensed Software as necessary to its hard disks or other such storage medium to efficiently operate the Software on the End User's single-user system, multiple-user system, or network, as authorized by this Agreement. 18. Audits. PSC may make reasonable examinations of the End User's computer installations to ascertain that the End User is complying with the limitations upon copying stated in this Agreement. If such an examination shows any non- compliance, PSC may terminate this Agreement, and the End User shall pay all expenses of such examination. 19. Injunctive Relief. The misuse, copying, or disclosure of the Software will give rise to irreparable injury to PSC, and leave PSC inadequately compensated in damages. Accordingly, PSC may seek and obtain injunctive relief against the End User's breach or threatened breach, in addition to any other legal remedies, such as suit for copyright infringement, which may be available. The End User further acknowledges and agrees that these covenants are necessary for the protection of PSC's legitimate business interests and are reasonable in scope and content. 20. Related Software. This Agreement maybe executed concurrently along with an agreement with other software companies that cover certain application software that works with the Software. The End User acknowledges that the other software companies and PSC are each responsible for different functions and that there are no representations or agreements regarding the Software other than those contained in this Agreement. 21. Governing Law. The laws of the State of Florida shall govern this Agreement. 22. Assignments, Transfers. This Agreement, the rights, duties, and obligations in this license, or the Software and its documentation may not be assigned or transferred by the End User. 23. Notices. Notices to parties shall be at the addresses stated above. AOT Public Safety Corporation Annual End User Software License and Maintenance Agreement Page 5 24. Consent to Jurisdiction, Venue, and Service. All legal proceedings relating to the subject matter of this Agreement shall be maintained in courts sitting within the State of Florida. The End User consents and agrees that jurisdiction and venue for such proceedings shall lie exclusively with such courts. Service of process in any such proceeding maybe made by certified mail, return receipt requested, addressed to the party where it is to receive notice. 25. Severability. If any provision of this Agreement is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired 26. No Waiver. The failure by any party to exercise any right stated in this Agreement shall not be deemed a waiver of the right. 27. Complete Agreement. This Agreement sets forth the entire understanding of the parties as to the Agreement's subject matter and may not be modified except by further written agreement. The attached Addendum is incorporated as part of this Agreement. WHEREAS, the parties have executed this Agreement on the dates indicated below. Public Safety Corporation By: [Authorized Signing Officer] [Name and Title -please print] Date: City of Delray Beach, Florida By: [Authorized Signing Officer] [Name and Title -please print] Date: AOT Public Safety Corporation Annual End User Software License and Maintenance Agreement Page 6 SCHEDULE A -PROVIDED SOFTWARE LICENSES One (1) Full and three (3) Registration/Permitting/Payment Processing CryWolf Software Licenses and Web-based Module for Online Registration, Citizen/Business Access and City Inquiry/Reporting functions - For installation on four (4) workstations and IIS Web Server. The licenses provide full time use on Personal Computer Workstations, telephone support (M-F, gam - Spm, EST, excluding holidays) and standard software updates. The Web-based Module is licensed as a "Site License" with no restriction on the number of users that may access the web pages. However, only one instance of the Web-based Module (web site) may be installed and hosted on a single web server with the exception that backup installation of the Web-based Module on another server (or servers) is authorized as long as there is only one operational version running at a time. AOT Public Safety Corporation Annual End User Software License and Maintenance Agreement Page 7 SCHEDULE B -SOFTWARE AND SERVICES QUOTE Response to Request for Quote January 14, 2011 Table of Contents Delay Beach, Florida C~yWolf ° False Ala~~n Tucking and Billing System Revised Response to SunGa~a`R Request fog Quote ~i~m until 1/31/11 TABLE OF CONTENTS 1 Introduction ........................................................................................................................................... l 2 General Company Infonnation ..............................................................................................................1 3 Software Solutions Details ....................................................................................................................2 3.1 Software Overview ....................................................................................................................... 2 3.2 CryWoif User and License Types ................................................................................................. 3 3.3 Proposed CryWoif Licenses and Usage ........................................................................................ 4 4 Response to Alarm Management Technical Requirements ...................................................4 5 Project Services ....................................................................................................4 6 Security .............................................................................................................6 7 Delray Beach Responsibilities and Resources .................................................................6 8 Price Proposal ....................................................................................................................................... 8 8.1 Delray Beach Florida Investment ................................................................................................. 8 Attachment A -Recommended Minimum Hardware Specifications Attachment B -Standard CryWolf® Training Sessions Attachment C -Alarm Tracking Software (RFP) Specifications Response to Request for Quote Statement of Work January 14, 2011 1 INTRODUCTION Public Safety Corporation (PSC) is pleased to provide this Statement of Work (SOW) covering the services to be provided in the proposed CryWolf~R' False Alarm Tracking and Billing System Implementation project for Delray Beach, Florida. This document outlines the proposed Project Plan. This Plan describes the deliverables, and the tasks required to fulfill each. This document describes all deliverables required. If a service or software product is not described in this document, then it will not be provided within the scope of the proposed project. The terms and conditions of the software licenses described herein are included in a separate Annual End User Software License and Maintenance Agreement. This project is a joint effort between SunGard, PSC and Delray Beach. As Prime Contractor, SunGard will direct the overall project. PSC will supply, configure and install the CryWolf® False Alarm Tracking and Billing software. PSC will also provide software installation and onsite Delray Beach staff training and offsite post-installation support services, which may include telephone and email conversations, as well as web-based post-installation support. SunGard and/or Delray Beach will be responsible for providing all necessary computer hardware, operating system and database (MS SQL Server) software, system operating personnel, and post-installation system backup and recovery services. Delray Beach will also extract a daily false alarm data file from its SunGard CAD 911 System for processing by CryWolf®. The project will be considered successfully completed when all deliverables have been provided and accepted by Delray Beach. The purpose of this project is to reduce the operating costs and administrative time, and increase the revenue from Delray Beach's false alarm cost recovery program. Delray Beach has determined that converting current false alarm registration information, and replacing existing tracking and billing functions will help accomplish this. These objectives will be achieved using modifiable commercial off- the-shelf (COTS) CryWolf® Alarm Tracking and Billing software developed by PSC. 2 General Company Information Public Safety Corporation (PSC) was established in 1999 as the public safety arm of AOT, a large engineering services company, started in 1984. For ten years, PSC has provided false alarm management solutions to local governments across the country. PSC is now recognized as the nation's leader in false alarm management technology, with its proprietary software, CryWolf® (U.S. Patent No. 6,856,246). CryWolf®has been selected by more than 200 agencies covering more than 450 cities, counties and other municipalities throughout the United States and Canada, including 19 Florida jurisdictions -Boca Raton, Broward County (Pompano Beach), Cape Coral, Cutler Bay, Doral, Dunedin, Hillsborough County, Indian River County, Largo, Manatee County, Martin County, Miami-Dade County, North Miami Beach, Palm Bay, Palmetto Bay, Pinellas County, Safety Harbor, St. Petersburg, and Wilton Manors. CryWolf~R' has interfaced with SunGard CAD/911 systems for more than nine years and in forty-five jurisdictions. These interfaces are based on proprietary and seamless data transfer utilities developed by SunGard and PSC. CryWolf® false alarm system clients range in population size from under 25,000 to over 4,000,000. In every case, PSC technology and services have help jurisdictions reduce false alarms, increase collections and improve efficiency. Crywolf False Alarm Tracking and Billing System Implementation Page 1 Response to Request for Quote Statement of Work January 14, 2011 PSC has over 30 people assigned to false alarm administration and support. The company is financially strong and has invested in significant technical infrastructure to support its clients. The adequacy of these resources is best demonstrated through PSC's ability over a ten year period to successfully manage many simultaneous projects. 3 SOFTWARE SOLUTIONS DETAILS PSC proposes to install its state-of--the-art alarm tracking and billing system known as CryWolf®. CryWolf® is atable-driven, modular, high volume, transaction-based, alarm management system. Its unique, yet flexible design helped make CryWolf® the only patented (U.S. Patent No. 6,856,246) Alarm Response system available. This patent also helps to ensure that the technology in use by the Delray Beach Program does not infringe on the intellectual property rights of other technology companies. 3.1 Software Overview CryWolf~R' has a number of proven, sophisticated components and subsystems, which are readily tailored to Delray Beach requirements. CryWolf® is a complete .NET application that provides aWindows-based, client/server program combining networked, PC-based software and a central open architecture Microsoft® SQL Server database system. The system includes ESRI-based mapping tools and optional, web based citizen, business and alarm company registration, account access and payment functionality. The system is built with a dynamic structure that allows it to also easily interface with other Delray Beach systems and to continuously upgrade the system maintaining state-of--the art technology. The system includes the following main components designed to fully support the Delray Beach alarm management requirements: • Flexible, Alarm Ordinance Provisions and Business Rules - CryWoif includes nearly 300 user defined drop-down menus, check box options and table-driven schedules to allow easy setup of initial business/ordinance rules and fast changes when rules change; • Alarm System Permitting, Renewal and Revocation - CryWolf® tracks and permits alarm systems including the renewal and revocation of alarm system permits, maintains keyholder information, and identifies non-registered locations. Outstanding charges are automatically tracked for all accounts regardless of registration. Data is easily accessed by a variety of search fields to facilitate inquiry. • Geo-validation of Permit Registration Addresses - CryWolf®provides built-in address validation using ESRI-standard shp files or address data files. • Alarm Company and Alarm Agent Permitting, Renewal and Revocation (if needed) - CryWolf® tracks and permits alarm companies (linking up to 4 companies to each alarm system) and alarm technicians including the renewal and revocation of alarm dealer and alarm technician permits; and maintains detailed contact and other information for each company and technician. • Seamless integration of computer interfaces -PSC has more experience building, installing and maintaining interfaces in support of alarms processing than any other company. We have developed and installed required interfaces to most major CAD/911 and various financial systems. • Automated generation of violation invoices and notices to alarm users -Our solution automatically generates letters/notices and invoices for false alarm events in accordance with Alarm Ordinance requirements. Our technology maintains an unlimited number of letters with fully customizable content and formats, and supports multiple fee schedules by location; alarm type; and status. • Proven Financial Management Tools -With over 1.5 million false alarms processed annually by our technology, we are the proven industry leader in alarms processing and collections. Our solutions Crywolf False Alarm Tracking and Billing System Implementation Page 2 Response to Request for Quote Statement of Work January 14, 2011 include a variety of tools to help collect fees including automated late notices, accounts receivable aging and delinquent account reports, and custom correspondence options. • Hearing and Appeal Support -fully integrated hearing and appeal system that allows for the adjudication of any action for any account. • Production of Management Reports -Our system includes nearly 60 standard financial, management and statistical reports that are easily tailored through date and data filters. Custom reports can also be created by a built-in Report Generator or through third-party report writers such as Crystal Reports. The approach offers flexibility, security and timeliness that no other reporting process provides. • Geographic Information System (GIS)-Based Reporting -CryWolf provides built-in, ESRI-based, GIS reporting of alarm incident and permit locations including the ability to drill-down from map locations to underlying permit data, alarm account histories and supporting incident information. • Web-based, fully-interactive alarm registration and renewal -Secure, online access allows an alarm user to register/renew online and have limited access to update Registration information. • Other Optional Online Functions, as required -Online false alarm payments can be made, alarm companies can review their customer alarm performance and users can attend online alarm schools 24/7. 3.2 CryWolf User and License Types CryWolf consists of the following modules that maybe individually licensed by workstation to provide a highly tailorable operating environment: • Full License -this license provides complete false alarm management functionality including registration and permitting, correspondence management, false alarm tracking and billing, collection and payment management, hearing and appeals, and management reporting. The Full license is generally installed for users with complete alarm enforcement responsibilities, e.g. alarm section, unit or department staff. • Registration/Permitfing Only License -this license provides complete registration, permitting, renewal and revocation functionality. The Registration/Permitting license can be installed for staff whose responsibilities include only permit related activities and not false alarm incident tracking and billing. • Payment Processing Only License -this license provides financial management functionality including payment entry, payment processing and collections. The Payment Processing License can be installed for staff whose responsibilities are limited to financial functions, e.g. fiscal unit or finance department. The Payment Processing license is also available with Registration/Permitting functions. • View-Only, Inquiry License -this license provides the ability for a licensed workstation to search the database for alarm locations by full or partial name, address, registration/permit number, phone number and user-defined custom fields. The module also allows selected management reports to be viewed or printed. The Inquiry license can be installed on workstations to meet various administrative or management responsibilities. The View-Only, Inquiry function is also available in an online, web- based version where access by many workstations is required. The online version is licensed on a site- license basis. CryWolf also offers an Online, Web-based module which provides online alarm registration / permitting and renewal; online alarm user access, account review and update; alarm company access and customer account review; online alarm awareness classes /alarm school and optional online alarm fee/fine payments. Crywolf False Alarm Tracking and Billing System Implementation Page 3 Response to Request for Quote Statement of Work January 14, 2011 3.3 Proposed CryWolf Licenses and Usage Based on the Delray Beach revised requirements, the Delray Beach Alarm Ordinance provisions and Delray Beach demographics, we are proposing a complete alarm management system comprised of one (1) Full and three (3) Permit/Registration/Payment Processing CryWolf® Software Licenses for installation on four (4) Delray Beach workstations with a central (MS SQL Server) alarm database on a Server accessible by the workstations. We are also proposing web based citizen registration, citizen access and City inquiry/reporting functions. 4 Response to Alarm Management Technical Requirements In Attachment C, we provide the completed Alarm Tracking and Billing portion of the CAD technical matrix. 5 Project Services This section describes the specific services and timeline that PSC proposes to provide Delray Beach as part of the False Alarm Tracking and Billing System implementation project. These services will be provided directly and managed by PSC. PSC assumes full responsibility for all deliverables that it proposes to provide, and will be the single point of contact for Delray Beach on the alarm management portion of the project. PSC is only responsible for providing the products and services described in this section. The project will be divided into four phases: Project Planning and Software Configuration, CAD Alarm Incident File Interface, Installation and Go-Live Preparation, and Post-Implementation Support. This section also describes optional services such as existing permit and alarm data conversion that can be included in the Project if required by Delray Beach. 5.1 Project Planning and Software Configuration Deliverable: Final Project Plan and Schedule Target Schedule: 2 - 3 Weeks The objective of Project Planning and Software Configuration is to define initial operating requirements and set realistic goals; communicate effectively; anticipate and respond to changes quickly so that the project is completed on time, on budget and according to specifications. Project planning and management of the plan will be an integral part of the project. Planning began during the proposal phase and continues throughout implementation of the system. At the beginning of the project, PSC will review with Delray Beach alarm staff the City alarm ordinance provisions, operating requirements and other alarm enforcement rules. PSC will also review City desired correspondence content and formats in order to work with alarm staff in configuring the CryWolf alarm system setup options to City specifications. 5.2 CAD Alarm Incident File Interface Deliverable: CAD File Interface, accepted by Delray Beach Target Schedule: 2 - 3 weeks The objective of the CAD Interface testing phase is to enable the daily import of alarm incident data from the Delray Beach SunGard CAD system to CryWolf®. This phase consists of one (1) main tasks: Crywolf False Alarm Tracking and Billing System Implementation Page 4 Response to Request for Quote Statement of Work January 14, 2011 CryWolf Data Import -Configure the CryWolf~ -SunGard alarm data import interface for daily false alarm data files extracted from Delray Beach's SunGard CAD System. This interface will consist of PSC's proprietary data transfer routine and SunGard's CAD/911 CryWolf System interface. The extraction routine will transfer daily alarm incident data, at a set time each day as specified by Delray Beach. The extracted data will be in the form of a comma separated, ASCII text file transferred to aMonth/Year-designated Folder. This Folder will be at a specific network directory location that is accessible by both CAD and CryWolf®. This file will include the date in its name, so that it can be easily selected by a Delray Beach CryWolf® System operator for import and processing by CryWolf®. The data fields in the CAD-extracted file will at a minimum include a unique incident number, incident date, street address, suite or apartment if possible, false alarm clearance code and officer comments. The maximum fields will be limited by the data CryWolf® currently maintains. PSC tailoring of the data import routine as required, and testing of the alarm file import interface will be performed mainly at PSC offices, except for final complete onsite testing during the completion of CryWolf software installation and training. 5.3 Installation and Go-Live Preparation Deliverable: Operational System, accepted by Delray Beach Schedule: 3 - 4 weeks The objective of the Installation and Go-Live Preparation phase is to complete software installation, initial data capture and training to ensure that Delray Beach is ready to use the system for generating alarm correspondence and supporting (and/or generating) invoices. Live operation of the system, as evidenced by the CryWoif~R' -based mailing of correspondence and invoices to alarm users/owners and successful operation will demonstrate final Delray Beach system acceptance. This phase consists of five (5) major activities: • Install and test CryWolf® software. One (1) Full license (copy) of CryWolf® on a Delray Beach PC workstation and three (3) Registration/Permit/Payment Processing licenses will be installed on three (3) administrative workstations. PSC will conduct a final detailed review of the CryWolf® software configuration options, and tailor the Software as necessary to meet Delray Beach alarm ordinance and operational specifications; • Provide operational training -PSC staff will train Delray Beach false alarm system administrators and operators in substantially all areas of system configuration (and changes), and system operation. PSC will also train selected Delray Beach staff to use other Optional CryWolf® modules such as online functions, as required. The proposed Services include one (1) Administrator Training Session, one (1) End User/Operator Training Session, and one (1) View- Oniy Inquiry training as described in Attachment B -Standard Training Sessions. Onsite training. • Assist City with Web-module implementation -Consult with City Web staff to install CryWolf web pages and link pages to CryWolf database and test web functionality. • Monitor system operation -PSC staff will monitor Delray Beach staff as they prepare for go-live operation. This will include processing several days of actual alarms, and preparing related correspondence, invoices and reports. • Cross-over to live production. Crywolf False Alarm Tracking and Billing System Implementation Page 5 Response to Request for Quote Statement of Work January 14, 2011 5.4 Post-Implementation Support Deliverable: CryWolf® Software Updates, as available, and Help-desk Telephone and webcast Support of trained Delray Beach Operators, as needed Schedule: Ongoing, in accordance with annual CryWolffR' license and maintenance agreement The objective ofPost-Implementation Support is to help ensure the system continues to meet Delray Beach False A1arln processing objectives. Support for one (1) year from the date of live operation (Delray Beach false alarm system acceptance) is included in the initial software license. After one year, support is included as part of the annual license and maintenance Agreement. Telephone support is provided M-F, gam - 8pm, EST, excluding holidays, by help desk personnel who may be reached via a toll-free support number. 5.5 Optional Services In addition to the core implementation services and timeline described above, PSC is available to provide the following services if required by Delray Beach. An estimate of the effort required to accomplish these optional services will be determined after further data specification by Delray Beach and SunGard Project management. Convert current electronically stored Delray Beach non-financial, alarm site and false alarm activation information from an existing (MS Access, MS Excel, ASCII, comma- or fixed-length delimited format) database to the CryWolf Registration/Permit database. The conversion would include only fields maintained by the CryWoif~R' software. Although PSC will use best efforts to import the existing data, Delray Beach is ultimately responsible for validating that the data is complete and accurate after PSC import /conversion to the CryWolf®system. • Tailor the CryWolf®payment import function to accept payment file(s) from external payment sources such as a Delray Beach Finance system, Bank Lockbox, Cashiering system, existing Delray Beach Online payment function, etc. • Tailor the CryWolf~R' data export function to allow General Ledger summary data to be exported electronically for further processing by the Delray Beach General Ledger system. 6 Security The CryWoif~R' software includes several features to reduce the likelihood and/or the effectiveness of a system security breach. Access to the software is password protected, and the degree of access (access rights) maybe uniquely defined for each user. These access restrictions are in addition to any network, operating system or database security measures established by Delray Beach. 7 Delray Beach Responsibilities and Resources This section will define Delray Beach staff responsibilities in their role as members of the project team. The section also outlines the resources that Delray Beach will provide to the project. Crywolf False Alarm Tracking and Billing System Implementation Page 6 Response to Request for Quote Statement of Work January 14, 2011 7.1 Delray Beach Responsibilities Delray Beach responsibilities comprise three main areas: • Acquisition, installation, configuration, technical support and maintenance of all necessary computer hardware, operating system software, database software and network components required by the alarm management system; • Initiation, coordination, monitoring and facilitation of all technical relationships and activities with departments and organizations external to the false alarm unit. At a minimum, this will include the Delray Beach Finance Department and Delray Beach 911 Communications Services; and, • Technical support and maintenance of all computer equipment, operating system software, and network components, including at least the backup, disaster recovery and reinstallation, if necessary, of the CryWolf® program, database software, alarm data, and any interfaces with systems external to the CryWolf® Alarm Tracking and Billing System. 7.2 Delray Beach Staff Resources Delray Beach shall provide the human resources necessary to assist PSC with the tasks outlined in the Deliverables section above, for the success of the project. These resources are identified by role. The roles maybe filled my more than one person and one person may fill multiple roles. The following types of human resources are required: • Project Manager • IT Staff (Hardware, Operating System, Network, Installation) • Database Administrator • Delray Beach Alarm Administrator • Delray Beach A1arln Processor 7.3 Delray Beach System Resources Delray Beach will provide the physical resources necessary to perform the tasks outlined in the Deliverables section above, for the success of the project. The following types of physical resources are required: • Computer Server and workstation equipment (for training and operations) • Network Equipment • Network, Database and Operating System Software • ESRI-Standard GIS Map data (if used) Crywolf False Alarm Tracking and Billing System Implementation Page 7 Response to Request for Quote Statement of Work January 14, 2011 8 PRICE PROPOSAL 8.1 Delray Beach Florida Investment PRODUCT /SERVICE DESCRIPTION MAW SERVICE LOCATION INVESTMENT AMOUNT Project Planning and Software Configuration PSC & Delray Beach $ 1,600.00 Interface Configuration and Testing PSC $ 1,200.00 Installation, Training and Go Live Assistance Delray Beach $ 6,200.00 Total Services Investment I $ 9,000.00 z Initial Software License Fees $ 20,500.00 Web based Alarm Registration, Citizen Access & City In ui /Re ortin 3 $ 3,850.00 Total Core Project Investment $ 33,350.00 Annual Software license renewal, maintenance and support. (starts 1 year after live operation begins) Year 2 $ 4,650.00 O tional Features /Services Im ort ofNon-financial Permit data (est 16,000 sites) $ 5,700.00 Interface to HTE General Led er $ 1,800.00 ' Excludes travel expenses which are estimated not to exceed $2,300.00. ~ One (1) Full and three (3) Permit/Registration/Payment Processing CryWoif® Software Licenses. CryWoif® Software requires, but this investment excludes the cost of, System hardware; network and operating system software; and database software (MS SQL Server). 3 Web based module includes online City inquiry and reporting functions. Crywolf False Alarm Tracking and Billing System Implementation Page 8 Response to Request for Quote Statement of Work January 14, 2011 Attachment A -Recommended Minimum Hardware Specifications Server RAM Memory: Speed: Hard Drive: CD/DVD 2.OGB 2.OGHz 80GB (30 GB Free) Local Area Network connection to designated workstations Win2000 / Win2003 Operating System SQL Server 7, 2000, 2005 or 2008 Database Software Web Server (for hosting web component) IIS Server Workstations RAM Memory: 2.OGB Speed 2.OGHz Hard Drive: 20GB (SOOMB Free) CD/DVD 15" Monitor (1024 x 768 resolution) Windows 2000, XP and Vista Operating System At least one workstation should have access to Microsoft Word software to facilitate letter preparation and software support. Crywolf False Alarm Tracking and Billing System Implementation Page 9 Response to Request for Quote Statement of Work January 14, 2011 ATTACHMENT B -STANDARD TRAINING SESSIONS Administrator Training Session This training can take place in a classroom setting or in an office area that would be comfortable for 3 - 4 persons. The Administrator(s) is in charge of setting all of the defaults in the program, providing access rights for users of CryWolt°, making sure that the information set up in maintenance interprets the jurisdictions ordinance, allows for the creation of unlimited letters to be used within the program and other program maintenance functions. The Administrator(s) of the program should also plan on attending the Operator Training so that all aspects will become familiar. This would also allow an Administrator to train additional trainers, if needed (Train the Trainer). User/Operator (Alarm Management System Operators) Training The User/Operator Training can take place in a classroom setting or at the actual workstations of the users. Six (6) to seven (7) users and/or administrators is a comfortable number for this training. All aspects of the program are covered, such as entering registrations for alarm companies and registrants with alarm systems, processing alarms, using the payment module, learning about adjudications and appeals, the creation of many built-in reports, methods of making corrections, mapping of alarms and/or registrations, and other operating functions. View-Only, Inquiry (Train-the-Trainer) Training The View-Only software Training will focus on preparing selected Delray Beach trainers to train call takers and dispatch operators. This training can take place in a classroom setting or at the actual workstations of the trainers. Four (4) to five (5) trainers is an expected attendance for this training. Because of the limited functionality of the view-only software, only inquiry, lookup and reporting aspects of the program need to be covered. Software installation will also be reviewed. Topics will include inquiring on the status of specific user accounts, reviewing false alarm histories, displaying permit information and reporting historical incident data. The total training time commitment for provision of the above Administrator, User/Operator, and View Only, Inquiry Training is a combined four (4) to five (5) days. Crywolf False Alarm Tracking and Billing System Implementation Page 10 Response to Request for Quote Statement of Work January 14, 2011 ATTACHMENT C -ALARM TRACKING SOFTWARE SPECIFICATIONS Delray Beach, Florida y, F, IWiIF~'G~~ ~ h;1 r,r.I~~i~;~tir~n OIL k~~~~ ~~Pt.r~~~l'kw~~T~'~!11~ I'~'~'~M!~i. i. ., .~~~~ 4J?rriri.:.y~ F u:irrl WVe ~ ~ P I:~~ "u ~.'L'~?"1~0[l '0 ~7»' ain+-, v.~,P~F~ ~,Y~~'~:~~~'~M4 ~ m~~'.p~ h1 ~I~y C~'~5~~~~'~p ~.. 4 W"E S ~_, _ ...... YE',5 - '~fE'5 YE;S.. "~"E:5 YPE'S - -- - - _. ..,,,.~,.w~,~,~~ ~~„m-- .ter.... ~WM'C'd~~l~'tl 1.4n[Yifl'I'~r.[%i ifP1~ wl=T~`~JAIFCE: ~IF~IFII'.`~w"'~'I~ ~~t~~ @SY~a~r t ~MS~d wrfll ~ r... ~~ua~~~smir~s: ~a Ib~! ~m~r~r~au~~~ ryc~~ ;r. ,,a ~m~~~~ ~.~ ~~!r ~ ~~r~~~'1~G~~~~ ~ ~" .....................mm~.., . ~. _, _ YErS YE;a CryWolf False Alarm Tracking and Billing System Implementation Page 11 AOT Public Safety Corporation Annual End User Software License and Maintenance Agreement Page 8 ADDENDUM The parties agree to the following additions and clarifications. If any of the following provisions conflict with provisions in paragraphs 1 through 27 of the main Agreement, the following provisions shall take precedence: 1. In Paragraph 16 - Return/Destruction of Software, the provision is changed to allow, in the event of termination, the End User to maintain one copy of the Software for use solely to read (Read-Only) the alarm database so that historical alarm information can be retrieved. This copy of the Software shall not be used for tracking or billing any alarms or alarm incidents after the date of termination. This copy also shall not be supported by PSC. All intellectual property protections reserved by PSC in this Agreement shall survive the termination of this Agreement with regard to this read-only copy. 2. In Paragraph 4 and Schedule A, the description of Software license support is clarified to include a target telephone response time of 2 hours during the hours and business days specified. Technical support is provided via a toll free telephone support line and maybe supplemented by webcast as determined by PSC. The number and length of telephone support calls are not limited except that telephone support is not intended to replace extended onsite training of new system operators as may be required. 3. The following provision is added for 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, PSC shall provide life cycle protection by providing the Software 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 PSC Software will be the sole responsibility of the End User. The compatibility upgrades will be provided by PSC within twelve (12) months after the operating system software upgrade is obsolete, upgraded, replaced, enhanced, or revised. PSC shall include the following life cycle understandings as long as this Agreement continues in force: • Right to receive 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. AOT Public Safety Corporation Annual End User Software License and Maintenance Agreement Page 9 o Any custom feature, function, interface, or report, may not be provided as part of the routine maintenance. PSC reserves the right to address the availability of such a feature and the possible cost of license, maintenance and support. 4. In Paragraph 7, the following sentence regarding increases in the annual license and maintenance fee "After the first annual period, the fee may be increased by no more than 6% annually," is clarified to mean that each such percentage increase is based on the preceding year. 5. In Paragraph 13, the required notice of PSC intellectual property is clarified to mean that such notice must be given if and when images of Software screens and reports are displayed or shared by the End User with other parties outside the normal alarm ordinance enforcement activities. Internal system reports; and external letters, invoices and other documents generated by the system to be provided to alarm users are not required to display a notice of PSC intellectual property. The only exception to this clarification is the "Powered by CryWolf' logo shall be displayed on PSC provided web pages. 6. If the End User terminates this Agreement in accordance with Paragraph 15, the end user would be entitled to a pro rata return of any annual fee prepaid for the current period provided all previous annual fees have been paid to date. 7. Paragraph 17 is amended to add that PSC understands and agrees that notwithstanding anything stated in the Agreement, the Florida Public Records Law governs. 8. In the last sentence of Paragraph 18, the phrase "and the End User shall pay all expenses of such examination" is deleted. 9. In Paragraph 20, an addition is made to indicate that PSC will continue to support the SunGard provided interfaces for the City as long as the City uses the SunGard CAD for alarm dispatch. 10. PSC shall maintain the Software in compliance with all federal and state requirements, except that any mandates for reports, data formats, features, functions, interfaces, input, exports, or communication protocols that require PSC to incur additional service costs could necessitate negotiation between PSC, the City and possibly other end users to develop a funding approach to compensate PSC for the additional services. 11. The Software Source code may be placed in escrow by PSC for access by the End User in the event of: (i) PSC has availed itself of, or been subjected to by any third party, a proceeding in bankruptcy in which PSC is the named debtor, an assignment by PSC of all of its assets for the benefit of its creditors; the appointment of a receiver in bankruptcy for PSC, or any other proceeding involving insolvency of PSC or the protection of PSC AOT Public Safety Corporation Annual End User Software License and Maintenance Agreement Page 10 from creditors, and the same has not been discharged or (ii) PSC has ceased its ongoing business operations. If requested by the End User, PSC shall initiate and maintain, at the End User's sole expense, the escrow account with a software escrow service that is mutually acceptable in the reasonable judgment of the Parties. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 11, 2011 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 SPECIAL EVENT REQUEST/ 13TH ANNUAL CINCO DE MAYO FIESTA ITEM BEFORE COMMISSION City Commission is requested to endorse the 13th Annual Cinco de Mayo Fiesta to be held on Saturday, May 7, 2011 from 11:00 a.m. - 11:00 p.m., at Old School Square and to authorize staff support for traffic control and security, EMS assistance, trash removal and signage preparation and installation. The event sponsor is also requesting use of the Old School Square parking garage for vendors and staff, a City generator, the small stage and bleachers (3 sets). Site set up is to begin at 6:00 a.m. BACKGROUND Attached are an event permit, site plan, budget and letters received from Ms. Connie Hoke, Event Coordinator for the Fiesta. Cinco de Mayo celebrates the date Mexican soldiers defeated the French at Puebla Mexico. This celebration is a party that represents freedom and liberty. The committee is composed of Hispanic residents of our City. The event will be held on the grounds of Old School Square. The event committee will be responsible for event management, liability insurance, vendor approval, site set up and fencing. Although not requested, a Fire Department inspection will be needed as well as an onsite service unit. The estimated overtime costs are $6,800, plus $250 for signage, $266 for the stage and approximately $70 for trash boxes for a total of $7,386. Per event policies and procedures, the estimated cost to be paid for City services is $5,686. Since alcoholic beverages will be sold and they will be charging admission, the site will be secured to contain alcohol consumption on site. We also would require that all alcoholic beverages be served in paper or plastic cups, no bottles. The City will charge for parking in the Old School Square garage. RECOMMENDATION Staff recommends endorsement of the event, staff support for traffic control and security, clean up, EMS assistance and inspection, signage preparation and installation, use of the Old School Square Parking Garage, a City generator, the small stage and bleachers (3 sets). Approval is contingent on the receipt of a Hold Harmless Agreement, Certification of Liability Insurance and Liquor Liability Insurance ten (10) days prior to the event. 11/23/2010 23:29 T~e11 City of Delray Beach Special Event Permit Application REVISED 11.2,1,0 PLEASE TYPE OR PRI1~T Event Name/Title: Cinco de Ma o 1?estival [~ooaz/oao7 DEIRAY 6EACH 1 [ D A I B S ~ .~~~~ i~ss Zoos Event Date(s): May 7, 2011.. Times: 11;00 a.m. -~ 11:00 p.m. Requesting stree# closure: yes (ifyes, need timme/date fair closure and reopening) no ~ Event 8pansor/Praducer: Hispana-Latino Cultural Alliance, inc. Event Contact/Coordinator: Connie Hoke Name; Connie Hoke Address: P.O, Box 6386, Delray Beach, FL 33482 Telephone Number; (Sb l) 734-4937 Cellular Number: (5b~ _654-923 9 _ E-mail Address: Cannie~(a~aol._carn Event Description/l'urpose: Attached Brief History of Event (If applicable): Attacked Planned Activities {Outline of activities/number of activities, i.e. entertainment, children°s rides, games, other programs): Attached Page 1 of 5 11/29/2010 23:29 ~~AIi O0003/Oflfl7 Page 2 of ~ Number of individuals Served Previous Year (if applicable): 1,000 ~,~_. Describe the targeted population and expected attendance: 4 O(~1 /~~"`' Describe how the program or project addresses canununity needs: Attached Describe your Marketing/Promotions Program (How will you market/promate, i.e. TV, radio, posters, Flyers, web sites, other): Attached Sponsox Categozy (please check) City ^ Non-1'rofiUCharitable © Private ra Co-Sponsor -Non-ProfitCPrivate fl (If Non profit attach proof of SO.Ic(3), c(q), c(6), C(10), or c(19) or (d) Event Location (Describe area boundaries of event/location): Attached Site plan attached: yes X no (Site plan required for entire event site. Include locafians of tents, stage, partalets, dumpsters, portable lighting, and barrecade location if applicable.) Rental of Old School Square; yes X no (If yes, attach proof of approval) Rental of Old School Square Fark: yes X no (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes no X (lf yes, attach Ietter giving authorization from, property owner) Event budget Revenue & Expenses attached: yes X no (Required for all events) F:1t3ispanv Latina Gultu~a! AllisncetCinca I]e Meyo 20I11Speciaf_E~ent_Permit_,4.pplication_R~VISflb_FINAL FYIp-I 1{2).doc Il/29/20i0 23:30 PAS Previous year Revenue/Expense summary attached: yes_X (Required for all events) Arts and Economic Xmpact Calculator attached: yes X na Obtained online at www.AmericansForTheArts,org (Required for all events except minor events and SK Runs) Do you have cash sponsors for the event: yes X no {indicated on budget) Do you have inkind sponsors for the event: yes X _~~ no (Indicated on budget) l~j ©ooa~/ooc~ Page 3 of 5 no Serving or selling alcoholic beverages: yes X no If yes, what entity is ab#aining the Alcohol License permit? (If yes, copy of license attd alcohol l~aGility insurance required t`~o (2} weeks prior to event) Event certificate of insurance attached: yes no X (Required two (2J weeks prier to event training the City rrs additional 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 andlor DJ's} if yes, sponsor agrees .all cntertainrrient will be family oriented and contain na obscenities: yes X no, Requesting Police assistance: yes X no {traffic controllsecurity} Will supplement with private security: yes no X (If yes, need plan attached) Requesting Emergency Medical assistance; yes no X Requesting barricade assistance: yes no X (If np, how are you handling?) Requesting trash removallclean up assistance: yes X no (if no, how are you handling?} Requesting trash boxes/containers and liners, yes X no Requesting stage use: yes X no (If yes, check type) Large stage (14' x 35') ^ Small stage (I6' x 21') X Half small stage (S' x ~1'} n P:ltiispano Latino Cultural AlliancclCinco De Mayo 20t 11Special_Evcnt_I?ermit~Appiication ItEVISED,PINAL_FY10-11(2).doc 1L/29/20J.t3 23:30 FA.1 I~aoas/ooo7 Page ~ of 5 Requesting signage: yes X no Type: 4'x4'Event sign X Parking Signs, X Banner hanging X _ Indicate dates regairedW Aril 28, 2011 (Waiver required if more than orte (X) week prior to event) Requesting City Portable Generator: yes X no (If yes, size & power) Food and beverage vendors: yes X no If yes, appraaimate number 6 - 7 Food Vendors (Health Department approval required} yes X no Other vendors: yes X no (indicate type) Miscellaneous mierchants/vendors Tents: yes no X If yes, How jnany l~~'hat size or size required (If yes, teat perrnits and fire anspectlons n:ay 6e needed) Wilt the event include amusement rides: yes no X (If yes, type artd location and copy of liability ittstcrance required, also requires state license and inspection.) Will the event be gated: (Show on-site map) yes X no Wilt there be a charge f'or the event: (If yes, rt:dieate ticket prices) yes X no ~ 10.00 Will there be fireworks or other pyrotechnics: yes no X (If yes, contact Fire Marshal to obtain and corrtplete permit application) Will there be cooking with compressed gas: yes (If yes, contact Frre .2~arshal for inspections) no X Will you be providing part-a-lets for the event: yes no X (If yes, locate ort~-site map. If no, if:dieate Itow you will ftandle restroorn needs) is reserved parking requested: yes no X (If yes, Indicate locations and purpose for use) F_1HispanoJ_atinoCulturelAltiancelCincaDeMayo201t4Speeial Gvent Permit~Application_REVISED_FI~IAL~FYIO-11(2}.doc 11/29/2010 23:32 FAX ~1~ ~~ :~ ~ r~ [~j oool/oool. Page 5 of 5 Event Permit Attachments: X_ Revenue/Expense Budget X RevenuefExpense Recap Last Years Event X Site Plan ~X Arts acid Economic Impact Calendar ~X Letter Requesting Nosse Ordinance Waiver X Letter Requesting Waiver consumption Alcohol Beverages X Proof ofNon-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate X ~ Proof of Rental Agreement or Authorization Letter from Private Property Otwner X Hold Harmless Agreement, notarized. Submittal Date Requirements: Minor Event ® )[utermediate Event o IVlLajor Event ® Neighl2orboad Block Party ~-~`~r~ 4S days prior to event 9l) days prior to event 120 days prior to event 30 days prior to event Event Cautractor/Coordrnatar Please print: Connie t-iolce //•29.i~ hate Please enclose the appropriate non-refundable application #•ee pa}able to the City of Delray Beach, 104 N.W. lst Avenue, Delray Beach, Florida 33444. Required wiih permit applicatian. Far Staff rlse pnly ~ Date Received ~ ~ ..3 I ~ ~ Application fee received ~= h~~ F:1Fiispano Latino Cultural AlliartcelCinw De Maya 201 tlSpeciai_Event_Permit_App]icationMltEVISED_FII@AL_FYIO-11(2),dac Nip ar~o~l~a~~r~o CU1~~a~.a. I~i~ i ap c e, ~ r~ c . P.D. BOX 6386 DEhRAY BEACH, FLORIDA 33482-b38b PHONE (561) 276-339b ProgramlMarketinglPro_motions Plan Project Description: The Cinco de Mayo J 1siesta is a day long event consisting of al components that have contributed to ~t success. That following is a list of the program, marketing and promotions plan: Dance and Music -Local dancers and musicians that are well established in South Florida will be engaged for the upcoming Cinco de Mayo Fiesta. These artists have established a following based on their performances at many local and regional multicultural festivals and events. Folkloric Dance Groups and Mariachi Bands are the anchor of the event. New bands, music and dance performers are planned for the year 2011. 2. Traditional Foods: Local restaurants will provide authentic Mexican cuisine throughout the day. 3. Children's Activities -Traditionalgames pinatas, face painting and mural painting will be available at no charge. The 5f Annual Chihuahua Dog Races and 4t" Annual Chile Pepper Eating Contest. 4. Art -Each year traditional Mexican artists have booths at the Cinco de Mayo Festival. 5. The Cinco de Mayo MarketinglPromotions -- Commercials on Television, Radio Fiesta 1380AM, Flyers, website advertisements and posters displayed in restaurants and shops throughout Palm Beach County. TIMELINE December • Signed Contract with Old School Square for the 12~" Annual Cinco de Mayo Festival. • Sign Contract with the City of Defray Beach • Send Revenue/Expense Budget with Application • Site Plan • Waiver for Noise Ordinance • Waiver for Consumption of Alcoholic Beverages • Proof of Non-Profit Status January -March • Monthly Meetings to confirm talent and vendors • Establish strategic plan with Old School Square staff April 2 weeks prior to event, will submit General Liability Insurance, Alcohol Beverage Liability Certificate and Hold Harmless Agreement. "The Hispatto-Latino Cirltura! Alliance, luc. is conuliitted to raising tyre awareness of at~d sltarittg the Hispatric/Lntirra crtlta~re with people of all rages nttd cultures, serving as are advuocate for diversity ar~d edticatiatr znlrile prouidir~g the ltecessary resources to effectuate a strwiger cultural presence ire our contnnir~ities, schools, artd gotaertittteyt#. 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'~ W :~ ~ ~ o o ~ ~ •~ O ~ ~ . `" w w w ~ ~ ~ o w , a. a, O O O ~ ~ ~ H w ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 O ,--~ p ,~ N (V O Q O O O O O d ~ ~ O Cwt ~ © p i -t . rH ~ ~ ~~ ^ ' l V ^ V ! r1 ~T °o o ° o0 0 ~ O O N a1 O ~ d' ~ N f~l ~ .--i ~ cn 69 a a U U a ~ ~ O ~{ i~ Q~ v ~ _ ~ ~ .-, U ~ ^ o ~ U ~ °' ai ~ ~ a ~ a i ~. `,~ ~ vz ~ > ~ ~ ~ WW N ~' ~ api U ~ ~ c~ ~ ~" U 4 y y ~ N p ~ a> a> m ~' i., ~ p '+~ ~ ~ ~ U ~ ~ t° O C'7 t'~ C7 ~ d O 11/29/2010 23;30 FAX Untitled bacumetat Infarrrtatian STEP 7: POPULATION t'OPULATIQN of your community: STEA 2: TOTAL EXPI*NSE5 (optional} Your Organization's TOTAL EXPENSES (please do naf use commas): STEP 3: TOTAL ATTENDANCE (optional) Less than 50,OD4 $`35000 TOTAL. ATTEIVl7ANCE to your organization's arts events (again, do not use commas): ;4000 ~~ ' .. _s- - ^ ~ - _- Fatal ~'GOnOtT11C impact Of: Tofat I•tousehold Local Efate Expenditures frTE Jobs income Govannment Government Revenue Revenue Nonprofi# Arts and Culture ~ T'• "-`~`~ - --T-: ~ ~----~ --~---~ t]rganlzations: $35 000 1 ~ $21,21&i $1,033 $1,306! Nonprofit Arts and Culture ~. $113,040: -------___._ ~, ____- $40,7$81 --___4,721 ' ---- $5,348; Audiences: , . - .. .. __ - __..... Total Industry Impact: -'-~-~ '-'"Y'~4" ~--W-~ ~--~~ CrhaSumotOrgankzaUansandAvdlencas) _$148,040 3,5! ! $62,004; $5,754! '~~ $5,6541 - ~: ~' Ploaae sae the fine rin below. ©B~ftljt~plrl3 Total Eacpendtturag; The total dollars spank by your nonprofit arts and culture organization and ifs audiences; event-related spending by arts and culture audiences is estimated using the average dollars spent per person by aril event attendees in similarly populated communities. Back to Calculator ETE Jobs: The total number offull-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 FTE can be ona.full-time employee, two half-time employees, four employees rvho work quarter-time, eEc. Back to Calculator HauaehoEd income: The total dollars paid to community residents as a result of the expenditures made by your arts and culEure organization and~or its audiences. Household income includes salaries, vrages, and proprietary income. Back fo Calculator Oovemment Revenue: The total dnllars received by your local and sEa#e governments (e.g., license fees, taxes) as a result of the expenditures made by your arts and culEure organization and/or its audiences. Bade to Calculator When using estimates derhred From this calculator, always keep the folbvring caveats in mind: (1) the results of this analysts are based upon the averages of similarly populated communites, t2y inputloutpul modols were customized for each of these similarly populated communities, providing very spedfic employment, household income, and govemmen{revenue data, and (3) your results are therefore estimates, and should not be used as a substitute for conducting an economic impact study that is customized for your community, ® Copyright 2007 by Americans for the Arts. twrw.AmerlcensForTheArts.org ~ ooo7raoor page 1 of I~ t 1 A ~~.~:~~WVti'VL+',amaricansfort~earts,01'e~tnfOrtnatl~n CC;3`V1(~P.CITE.CP.AYr`.llICP7'[!IC`PCIP!•ayr~nrnrn iNSY•nr•~ Inc~ra~:s ,..,1....1 i i rrsr~}rt t n~2 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner . Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: January 13, 2011 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 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 January 3, 2011 through January 14, 2011. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of January 12, 2011 A. Approved (7 to 0), a master sign program for JP Morgan Chase Bank, located at the northwest corner of NE 6th Avenue and NE 7th Street (525 NE 7th Street). B. Approved with conditions (7 to 0), a Class II site plan modification and landscape plan associated with improvements to an existing parking lot (CRA Public Parking Lot), located on the west side of NE 3rd Avenue, south of NE 4th Street (362 NE 3rd Avenue). Concurrently, The Board recommended approval of the following waivers: i) Recommended approval to the City Commission a waiver to LDR Section 6.1.2(C)(3)(a) to reduce the minimum pavement width of the two-way driveway from 24 feet to 20 feet. ii) Recommended approval to the City Commission a waiver to LDR Section 4.6.16(H)(3)(d) to reduce the perimeter landscape strip from five feet (5') to two feet (2'). C. Approved with conditions (7 to 0), a Class I site plan modification associated with architectural elevation changes for IHOP Restaurant, located at the northwest corner of South Federal Highway and Linton Boulevard within the Plaza at Delray (1560 South Federal Highway). D. Approved with conditions (7 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the construction of a 1,860 sq. ft. office and maintenance building addition, a 755 sq. ft. storage area and reconfiguration of the parking lot area for DelAire Country Club, Turf Care Center, located at the northeast corner of Cherry Laurel Lane and Live Oak Boulevard. E. Approved with conditions (6 to 0, Roger DeCapito stepped down), a Class III site plan modification, landscape plan and architectural elevation plan associated with enclosing a covered exterior loggia and patio area at the clubhouse, modifications to the parking lot, architectural elevation and landscape material changes for The Groves of Delray, located on the east side of SW 10th Avenue, between Linton Boulevard and SW 10th Street (1301 SW 10th Avenue). RECOMMENDATION By motion, receive and file this report. Attachment: Location Map ~~~, CITY COMMISSION MEETING - - - - ~T,~~~~~~~ _ _ _ _ N ' JANUARY 18 2011 ~ z~ U~,~ ~n~~~ i ~ ~ ~ PLANNING AND ZONING ~~ ~ LOCATION MAP ~F~ acn~E DEPARTMENT SPRAB: A. JP MORGAN CHASE BANK D. DELAIRE COUNTRY CLUB -TURF CARE CENTER B. CRA PUBLIC PARKII lG LOT E. THE GROVES OF DELRAY C. IHOP RESTAURANT -- D/GITA[ BASE MAP SYSTEM -- -- DLS -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\1-18-11 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: January 12, 2011 SUBJECT: AGENDA ITEM 8.M.1 -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 BID AWARD/CJ CONTRACTING, LLC ITEM BEFORE COMMISSION Approval is requested for one (1) NSP Housing Rehabilitation project to be awarded to the selected general contractor for acquired NSP properties for the total amount of $72,360.75. BACKGROUND On April 20, 2010, the City Commission approved a vendor list for miscellaneous services for NSP properties, including: Title Agency, Real Estate Services, and Construction Services. Additional General Contractors were approved on October 19, 2010. Project awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehabilitation cost may include lead inspection, lead abatement, lead clearance, termite inspection, termite treatment and recording fees, if applicable. Additional cost may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the NSP Housing Rehabilitation program. Inspection of work is done by Gil Valdes, Inc. (approved through RFP ll-2010NS at the June 15th Commission meeting), the Department of Community Improvement's Building Inspection and Neighborhood Services Divisions. Contracts are executed between the building contractor and the City. A contractual agreement is signed by Gil Valdes, Inc. and the contractor with each award. The City remains the agent and this office and housing inspector monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and City representative's signature ensuring all City-approved Policies and Procedures have been adhered to. The rehabilitation activities will bring the home to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations prior to resale. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded on a rotating basis to the approved contractors, as a result of a formal bid process. The following housing rehabilitation project to be awarded to the selected general contractor for the rehabilitation is: Property Address Contractor Rehabilitation Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 NE 5 Court CJ Contracting, LLC. $ 72,360.75 FUNDING SOURCE Neighborhood Stabilization Program 118-1934-554-62.12 RECOMMENDATION Staff is recommending the approval for one (1) Housing Rehabilitation project to be awarded to selected general contractors per RFQ 08-2010NS for the total amount of $72,360.75. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID #: 03-2011NS PROJECT ADDRESS: 210 NE 5th Court DATE OF BID LETTERS: November 9, 2010 DATE OF BID OPENING: November 24, 2010 GENERAL CONTRACTORS All Phase Roofing & Construction, Inc All Site Construction C J Contracting, LLC Florida Community Development Services, LLC. Haywood Construction J M W Construction Corp. In-House Estimate: RECOMMENDED CONTRACTOR: BID/CONTRACT AMOUNT Contingency 5% BID AMOUNT BID BOND 91,360.00 ~ No 121,300.00 ~ Yes 68,915.00 ~ Yes 89,466.21 No No Bid No No Show I No 64,671.41 C J Contracting, LLC $ 68,915.00 $ 3,445.75 $ 72,360.75 FUNDING SOURCE: CRA-Neighborhood Stabilization Program Account # 118-1934-554-62.12 COMMENTS: Recommend project to be awarded to lowest responsive bidder. 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Funding for the projects is through the CDBG Housing Rehabilitation grant. BACKGROUND Approval is requested for three (3) Housing Rehabilitation grants to be awarded to the lowest responsive bidder for the following projects: ^ 42 SW 13th Avenue /Cordoba Construction Company, Inc./Total Rehab Cost: $35,132 ^ 224 SW 9th Circle/Citywide Construction Services, Inc./Total Rehab Cost: $15,018.35 ^ 915 SW 4th Street/Jemstone Construction Group, Inc./Total Rehab cost: $22,019.46 Grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehabilitation cost also includes lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees as applicable. Additional cost may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the CDBG Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's professional, in-house estimate. This serves to disqualify unreasonably low bids and therefore, protect against the resulting change order requests. In one case, several bids received were below the in-house estimate. Staff comments can be found on the bid information sheet to clarify selection process. FUNDING SOURCE Community Development Block Grant 118-1963-554-49.19 RECOMMENDATION Staff recommends awarding three (3) Housing Rehabilitation grant awards to be awarded to the lowest responsive bidders in the total amount of $72,169.81. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID/QUOTE #: 02-2011NS APPLICANT: PROJECT ADDRESS: DATE OF BID LETTERS DATE OF BID OPENING Henry Bean 42 SW 13th Ave October 19, 2010 November 12, 2010 GENERAL CONTRACTORS Abisset Corporation Built Solid Construction, LLC CJ Contracting, LLC Citywide Construction Services, Inc. Cordoba Construction Co. inc. David Thyng LLC. Decon Environmental & Engineering Inc. East Coast Restoration Gadsden Property Investment, Inc IQ Constructions, Inc. Jemstone Construction Group, Inc. MacDonald Construction Company of Palm Beach Ray Graeve & Sons Construction, Inc. South Florida Construction Services, Inc. Starmark Properties, Inc. Sunband Builders Construction Inc. In-House Estimate: RECOMMENDED CONTRACTOR: BID/CONTRACT AMOUNT 5% Contingency Lead Inspection Lead Clearance Termite Inspection Termite Treatment Recording Fees GRANT CONTRACT AMOUNT FUNDING SOURCE Account # $ 34,342.00 Cordoba Construction Company Inc. $ 32,320.00 $ 1,616.00 $ 33,936.00 325.00 851.90 19.10 35,132.00 Community Development Block Grant (CDBG) 118-1963-554-49.19 COMMENTS: Project awarded to the lowest responsive bidder. 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Benchmark Custom Builders Built Solid Construction, LLC Citywide Construction Services, Inc. CJ Contracting, LLC Cordoba Construction Co. DECON Environmental & Engineering, Inc. East Coast Restoration Gadsden Property Investment, Inc Haywood Construction Jemstone Construction Group, Inc. MacDonald Construction Company of Palm Beach Ray Graeve & Sons Construction, LLC South Florida Construction Services, Inc. Starmark Properties Sun Band Builders Construction, Inc. In-House Estimate: RECOMMENDED CONTRACTOR: BID/CONTRACT AMOUNT 5% Contingency Lead Inspection Lead Clearance Termite Inspection Termite Treatment Recording Fees GRANT CONTRACT AMOUNT BID AMOUNT BID BOND 15,545.00 Yes 14,285.00 Yes 17,700.00 Yes 14,355.00 No 14,300.00 Yes $14,995.00 Yes $ 12,629.72 Citywide Construction Services, Inc. $ 14,285.00 $ 714.25 $ 14,999.25 N/A N/A N/A 19.10 15,018.35 FUNDING SOURCE: Community Development Block Grant (CDBG) Account # 118-1963-554-49.19 COMMENTS: Recommend awarding project to lowest responsive bidder. 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I~ l!) ~ N ~ ~ ~s ~s i7 ,~ ~ ,~ a~ ,~ Y 0 0 o 0 0 o 0 0 ~ 0 0 o 0 0 o 0 0 ~ 0 0 ~ 0 0 o 0 0 o 0 0 O l!') o ~ n N o (O in aO ~ N co M o (O ao O M ~ N ~ ~ ~s O O O O O O N I~ O O 0 O 0 O 0 O 0 O N ~ l~ M W ~ (MO O ~ ~ O N I~ O O V M ~ N M (O (O M ~ V N T ~ ~ N N N i to ~ to O ~ ~ C a ~ ~ U ~ Q 07 z° m z° m z° 0 z 0 z m z° m 0 z CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID/QUOTE #: 05-2011NS APPLICANT: PROJECT ADDRESS: DATE OF BID LETTERS: DATE OF BID OPENING Ethel Sims 915 SW 4th Street November 12.2010 December 9, 2010 GENERAL CONTRACTORS Abisset Corporation. Benchmark Custom Builders Built Solid Construction, LLC Citywide Construction Services, Inc. CJ Contracting, LLC Cordoba Construction Co. DECON Environmental & Engineering, Inc. East Coast Restoration Gadsden Property Investment, Inc Haywood Construction Jemstone Construction Group, Inc. MacDonald Construction of Palm Beach Ray Graeve & Sons Construction, LLC South Florida Construction Services, Inc. Starmark Properties Sun Band Builders Construction, Inc. In-House Estimate: RECOMMENDED CONTRACTOR: BID/CONTRACT AMOUNT 5% Contingency Lead Inspection Lead Clearance Termite Inspection Termite Treatment Recording Fees GRANT CONTRACT AMOUNT BID AMOUNT BID BOND $ 22,320.00 Yes $ 23,833.00 Yes $ 22,521.00 Yes $ 26,680.00 Yes $ 36,502.00 No $ 20,060.00 Yes $ 27,515.00 Yes $ 25,755.00 Yes $ 26,689.70 Jemstone Construction Group, Inc. $ 20,060.00 $ 1,003.00 $ 21,063.00 325.00 612.36 19.10 22,019.46 FUNDING SOURCE: Community Development Block Grant (CDBG) Account # 118-1963-554-49.19 COMMENTS: Recommend awarding project to lowest bidder. _~ ^~ J ~ >U E L ^~ // a..' 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O N M ~ ap M ap I~ M N ~ N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 i r i 0 0 o 0 0 0 0 0 0 0 0 0 0 0 o 0 0 i r i 0 0 o 0 0 0 0 0 0 0 0 0 N O ~_ l!') (O (O O I~ O O O ~ O N l!') O I~ M O l!') O O O N M l!') W N N N l!') N N N (O I~ N M I~ M N N O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O I~ O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O ~ O l!') O M (O l!') N I~ l!') I~ O l!') ~ O O N O O ~ O O N O M ~ N ~ V l!') ~ M O O ~_ O O O l!') ~ ~ O O ~ l!') V M O l!') M N N M O O (O O QO (O a0 ~ l!') N ~ (O N i (0 O m H ~ O . O _ N ~ O C ~ O ~ L ~ ~ 7 ~ ~ ~ ~ E ~ ~ x Y ~ U ~ 3 (J Q ~ ~ ~ L ~ U O a O O Q Y a O L ~ ~ " O ~ U Q O E C ~ N p N p _ J N ~, ~ , ... a y ~ U = ~ V O ~ C ~ c O ` O ~ ~ O O O ?G L N fn fn N O U x Y O a a Z m 0 Z 07 0 Z m 0 z a m 0 Z a a 0 Z 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: January 12, 2011 SUBJECT: AGENDA ITEM 8.M.3 -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 LEASE AWARD/ MEARS MOTOR LEASING ITEM BEFORE COMMISSION The Police Department seeks approval to renew the lease agreement with Mears Motor Leasing for 14 vehicles at $224.38/ vehicle per month. BACKGROUND The Police Department's Volunteer Program currently leases 14 Ford Focuses for use by the Volunteer Program for $230.45/ vehicle per month. Through rigorous negotiations, we have obtained a new quote for 14 Ford Fusions for $224.38/ vehicle per month ($37,695.84 annually), which is less than our prior agreement. These vehicles are used to: patrol neighborhoods and throughout the City, monitor parking lots and garages, provide a high visibility presence in shopping centers, and monitor sites identified as potential risks for terrorism. This is a crime prevention tool that has been used effectively by the City for years. This activity supplements that of our Patrol Officers and saves the City a considerable amount of money compared to what it would cost to have salaried staff perform this service. In 2010, the Volunteers logged 41,641 hours, which illustrates the level of work performed. Attached is a copy of Mear's contract with Broward Sheriff's for comparative pricing (p. 16). FUNDING SOURCE Funding is currently budgeted and available in account #: 001-2111-521-44.40. RECOMMENDATION The Police Department recommends approval. M ME_ARS M OTO R LEASING A F___________ _____ %on of The ~ ~ Bank .. MEMBER FDIC January 11, 2011 Sharon L'Herrou Major Martin Tencer City of Delray Beach Police Dept. 300 W. Atlantic Ave Delray Beach, FL 33444 Ms. L'Herrou and Major Tencer: Mears Leasing proposes to provide the City of Delray Beach Police Department the following model vehicle to replace the current vehicles on lease with the same terms and conditions on a 36 month municipal closed-end lease agreement. Lease Closed-end municipal lease agreement Term 36 months Mileage Allowance 1,000 miles per month, per vehicle Total 12,000 miles per year, per vehicle Over Mileage .12 cents per vehicle, per vehicle Residual Value Fair Market Value Tag Fees Billed Separately Proposed Vehicle Make Model Monthly Payment Ford Fusion SE 4-dr Sedan (POH) w/cruise $224.38 Delivery time will be between 8-12 weeks. *All vehicles would have the darkest window tint allowed by law. Please contact me with any questions and we look forward to working with you and the City of Delray Beach Police Department again. Thank you, David R. Pickard Sr. Account Executive 3905 EI Rey Road, Orlando, FL 32808 • Phone 407-253-4450 • Fax 407-291-6375 www. mearsleasing.com A FINANCIAL DIVISION OF The r~anlc ® Oontrac:t lc~lder doickardC~mearsleasing.com 386 864-7671 3905 EI Rey Road, Orlando, FL 32808 • Phone 407-253-4450 • Fax 407-291-6375 www. mearsleasing.com A FINANCIAL DIVISION OF The r~anlc ® Oontrac:p lc~lder BROWARD COUNTY SHERIFF'S OFFICE 2601 W. BROWARD BLVD. FT LAUDERDALE, FLORIDA 33312 INVITATION TO BID #10104029 FOR Lease of Vehicles for Child Protective Investigations Section Issue Date: February 24, 2010 I \ / / ~___ I r~s r,_... BID # 10104029 Lease of Vehicles for Child Protective Investigations Section OF THE BROWARD COUNTY SHERIFF'S OFFICE INVITATION TO BID The Broward Sheriff's Office will receive formal sealed bids for lease of an estimated eighty-six (86) vehicles until 3:OOPM on March 16, 2010. The vehicles will be assigned to BSO's Child Protective Investigations Section (CPIs). BSO is seeking bids on factory new vehicles only. Pre-owned vehicles will not be considered. Copies of the Invitation to Bid (ITB) may be obtained online from the following web site: www.sheriff.org/purchasing or from the Broward Sheriff's Office Purchasing Division 2601 W. Broward Boulevard, Suite 3509 Ft. Lauderdale, FL 33312. Bids will be opened at the Broward Sheriff's Office, 2601 W. Broward Blvd., Ft. Lauderdale, FL at the date and time indicated above. The term of this contract will be for either thirty-six months orforty-eight months from the date of delivery for each vehicle. The desired delivery date for the vehicles is on or about July 1, 2010. The three makes/models being considered at this time are limited to the Chevrolet Malibu, Ford Fusion or the Ford Focus. Bids received after the deadline noted above will not be accepted. BSO reserves the right to postpone, acceptor reject any and all bids in whole or in part. All bids must remain in effect for ninety (90) days from the date of Bid opening. PATRICK J. CALLAGY PURCHASING MANAGER BID # 10104029 2 Lease of Vehicles for Child Protective Investigations Section "Lease of Vehicles for Child Protective Investigations Section" Invitation to Bid # 10104029 Index Page Number Bid Due Date and Time & Submittal Information 5 SECTION I Special Conditions Scope 6 1. Term of the Contract 6 2. Basis of Award 6 3. Delivery and Acceptance 6 4. Pricing 6 5. Contract Extension 6 6. Conditions for emergency/hurricane or disaster -term contracts 6 7. Pre-Bid Conference -Not Applicable 6 8. Piggyback Allowance 6 SECTION II: General Conditions 1. Submission & Receipt of Bids 7 2. Completion of Bid Forms 8 3. Signature Required 8 4. Bid Withdrawal 8 5. Signed Bid Considered an Offer 8 6. Default Provisions 8 7. Copyrights and Patent Rights 8 8. Laws and Regulations 8 9. Taxes 8 10. Conflict of Instructions 8 11. Specifications and Requirements 8 12. Intentionally Left Blank 8 13. Anti-Collusion Statement 8 14. Indemnification 9 15. Nondiscrimination 9 16. Sovereign Immunity 9 17. Confidentiality 9 18. Severability 9 19. Enforcement 9 20. No Third Party Beneficiaries 9 21. Funding 9 22. Manner of Performance 9-10 23. Public Records 10 24. Agreement/Contract 10 25. Assignment 10 26. Waiver or Breach 10 27. Termination 10-11 28. Drug Free Workplace 11 29. Public Entity Crimes 11 30. Governing Procedures 11 31. Identical Tie Bids 11 32. Request for Additional Information or Clarification(s) 11 33. Statement of "No Bid" 12 34. Non-Exclusive Agreement 12 SECTION III: Bid Specifications & General Requirements 1. Scope (Intent) 13 2. Specifications 13-14 BID # 10104029 3 Lease of Vehicles for Child Protective Investigations Section "Lease of Vehicles for Child Protective Investigations Section" Invitation to Bid # 10104029 Index, Page 2 SECTION IV: Bid Pricing Form & Acknowledgements 1. Bidder Acknowledgement Bid Pricing Form 2. Acknowledgement of Addenda 3. Conflict of Interest Declaration 4. Pending Litigation 5. Debarment Statement 6. Payment Terms ATTACHMENTS: A. Affidavit (2 Pages) B. Drug Free Workplace Certificate (2 Pages) C. Statement of "No Bid" Form Page 15 16 17 18 18 18 18 19-20 21-22 23 BID # 10104029 4 Lease of Vehicles for Child Protective Investigations Section Broward Sheriff's Office Purchasing Bureau P.O. Box 9507 Fort Lauderdale, FL 33310 Invitation to Bid # 10104029 "Lease of Vehicles for Child Protective Investigations Section" Pursuant to the Broward Sheriff's Office Procurement Code, The Broward Sheriff's Office invites qualified firms to submit sealed bids to provide Lease of an estimated eighty-six vehicles until 3:00 PM on March 16, 2010 in the Purchasing Division at 2601 W Broward Blvd., Suite 3509 (3~d Floor), Public Safety Building, Ft Lauderdale, Florida 33312. These bids will be publicly opened in the presence of BSO officials at the above time and date. Bid openings are open to the public. All bidders and/or their representatives are invited to be present. It shall be the sole responsibility of the Bidder to have their bid delivered to the Purchasing Division for receipt on or before the above stated time and date. If a bid is sent by U.S. Mail, the Bidder shall be responsible for its timely delivery to the Purchasing Division. Late bids shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the Bidder's request and expense. BSO reserves the right to postpone, accept or reject any and all bids in whole or in part, to waive irregularities and technicalities, and to request re-bids. BSO also reserves the right to award the contract on such item(s) that BSO deems will best serve its interests. All bids must remain in effect for ninety (90) days from the date of Bid opening. Bidders are cautioned to examine all terms, conditions, specifications, addenda, delivery instructions and other conditions pertaining to the Invitation to Bid (ITB). Failure of the Bidder to examine all pertinent documents shall not entitle bidder to any relief from the conditions imposed in the ITB. Once opened, the bids will be tabulated, evaluated, and presented to the appropriate BSO officials for award. BSO, in its sole discretion, reserves the right to acceptor reject any or all bids for any reason whatsoever. BSO further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of BSO to award the bid to the lowest bidder, or any bidder. BSO reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of BSO. BSO shall be the sole judge of the bids and BSO's decision shall be final. Bidders who wish to receive a copy of the bid tabulation should visit the BSO website. Bid results will be available approximately three (3) business days after bid opening. Bid results will not be given out by telephone, facsimile transmission or a-mail. There are four (4) sections in this bid: Special Conditions, General Conditions, Bid Specifications & General Requirements, and Bid Pricing Form and Acknowledgements. The following documents are attached to this ITB: Attachment "A" Affidavit, Attachment "B" Drug Free Workplace Certificate, and Attachment "C" Statement of "No Bid" Form. Please read all sections thoroughly and complete the bid in accordance with the instructions Successful bidder is referred to as CONTRACTOR throughout this ITB. BID # 10104029 5 Lease of Vehicles for Child Protective Investigations Section SECTION I -SPECIAL CONDITIONS "Lease of Vehicles for Child Protective Investigations Section" Invitation to Bid # 10104029 Scope: Bids are hereby invited to establish a 36 or 48-month Lease Agreement in accordance with the General Conditions and other provisions of this bid for vehicles for BSO's Child Protective Investigations Section. Term of the Contract: The term of the contract will be for either 36 months or 48 months from the date of delivery and acceptance of the vehicles by BSO. 2. Basis of Award: Award will be made to the lowest responsive, responsible bidder, and as in the best interest of the Broward Sheriffs Office. The intent is to make a single award against this solicitation; however, BSO reserves the right to make multiple awards if it is in its best interest. BSO shall be the sole judge of the bids and its decision shall be final. 3. Delivery and Acceptance: 3.1 DELIVERY ADDRESS: BSO/FLEET SERVICE CENTER 2001 N.W. 31St Avenue Lauderdale Lakes, FI 33311 3.2 INSPECTION: Inspection shall be made at point of delivery unless otherwise specified. 4. Pricing: All prices bid shall be FOB destination to the delivery address in Section I, paragraph 3. Prices shall be firm for the duration of the lease term. 5. Contract Extension: In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the Purchasing Manager or Purchasing Bureau Director. The extension period shall not extend for more than one hundred and twenty (120) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the Broward Sheriffs Office. 6. Conditions for emergency/hurricane or disaster -term contracts It is hereby made a part of the Invitation to Bid that before, during and after a public emergency, disaster, hurricane, flood or other Acts of God that BSO shall require a "first priority" basis for goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation which threatens public safety and health, as determined by the Sheriff. Vendor/Contractor agrees to rent/sell/lease all goods and services to the Broward Sheriffs Office or other governmental entities, as opposed to a private citizen or corporation, on a first priority basis. BSO expects to pay a fair and reasonable price for all products/services in the event of a disaster, emergency or hurricane. Vendor/Contractor shall furnish atwenty-four (24) hour telephone number in the event of such an emergency. 7. Pre-Bid Conference -NOT APPLICABLE 8. Piggyback Allowance: With the consent of the successful bidder, the Broward Sheriff's Office will permit municipalities and other governmental agencies within the State of Florida to utilize this ITB to make purchases under the same pricing, terms, and conditions of this ITB with the development of their own contract. This specifically applies to members of the Southeast Florida Governmental Purchasing Cooperative Group (Co-op). ***END OF SECTION I*** BID # 10104029 6 Lease of Vehicles for Child Protective Investigations Section SECTION II -GENERAL CONDITIONS 1. Submission and Receipt of Bids: 1.1 Bidders should use the "BID" Form furnished herein and submit ONE (1) original and TWO (2) exact copies of their Bid, consisting of the submittal Documents and all Addenda received from BSO. Bidderwill check the appropriate box on the first page of Section IV indicating whether the submittal is a Copy or Original. 1.2 Bids having any erasures or corrections should be initialed by the bidder in ink. Bid should be typewritten or filled in with pen and ink. Manual signature must be in ink. Bids shall clearly indicate the legal name, address and telephone number of the Bidder, together with legal entity (corporation, partnership, individual). Bids shall be signed and bear the signature in longhand of the person authorized to bind the Bidder above the typed or printed name and title of the signer. Payment will be made to company name shown only. It is the sole responsibility of the Bidder to ensure that the bid arrives on time at the right place. All expenses relevant to preparation and submittal of bids are to be borne by the Bidder. Failure to comply with these instructions may result in rejection of your bid. 1.3 Bids must be returned in a sealed envelope (with the correct postage affixed, if the bid is mailed) and should show the following information: 1.3.1 Your return mailing address in the upper left-hand corner. 1.3.2 Bid Number & Title on the outside of your sealed bid envelope. 1.3.3 Bids that are lost, misrouted, or otherwise fail to be received by the Purchasing Division due to Contractor's failure to properly label the envelope shall not be accepted. 1.4 When submitting your bid, use one of the following addresses, as appropriate: BY U.S. MAIL BY COURIER OR HAND DELIVERY: Broward Sheriff's Office Broward Sheriff's Office Purchasing Division Purchasing Division PO Box 9507 2601 W. Broward Blvd. Ft. Lauderdale, FL 33310 Ft. Lauderdale, FL 33312 1.4.1 IF HAND DELIVERING YOUR BID, BIDDERS ARE CAUTIONED TO ALLOW SUFFICIENT TIME PRIOR TO THE BID OPENING TO ACCESS THE PUBLIC SAFETY COMPLEX. DELAYS MAYBE EXPERIENCED IN OBTAINING ACCESS TO THE BUILDING AS A RESULT OF ENHANCED SECURITY MONITORING OF PERSONS ENTERING THE COMPLEX. 1.5 Late bids will not be accepted and will be returned unopened at bidder's request and expense. 1.6 Multiple Submissions: Only one response to the BID from any one firm will be considered. In the event of multiple submissions, the firm will be asked to identify which submission should be analyzed. In no event will the Broward Sheriff's Office consider multiple submissions from the same firm. 1.7 Disclosure and Disclaimer: Any recipient of this BID who responds hereto, fully acknowledges all the provisions of this Disclosure and Disclaimer and agrees to be bound by the terms hereof. 1.7.1 All costs incurred by the Bidder in preparing and responding to this BID shall be the sole responsibility of the Bidder. The Broward Sheriff's Office assumes no responsibility or liability for costs incurred in the preparation or submission of any bid. All expenses in preparing any re- submittals shall be the sole responsibility of the Bidder. 1.7.2 The Broward Sheriff's Office or its representatives do not warrant or represent that any award or recommendation will be made as a result of the issuance of this BID. 1.7.3 The Broward Sheriff's Office reserves the right to waive or modify any irregularities and technicalities in bids received; to request additional information, to exercise its discretion and apply itsjudgment at its discretion, and/or request re-submittal of a Bid. BID # 10104029 7 Lease of Vehicles for Child Protective Investigations Section 1.7.4 The Contractor, its employees and agents shall not disclose information gained from work performed under the contract, except for that required by law or by a Court, without the written authorization of the Broward Sheriff's Office. This includes release of information to the public or to any person or organization that would not have such information in the regular course of business. 2. Completion of Bid Forms: Bidder is to fill in all of the blank spaces on the bid form(s) (if applicable) and return all numbered pages, together with any attachments. Bidder must indicate by signing the acknowledgement page that bidder has read and understands the provisions contained in this ITB. Failure to comply with these instructions shall result in rejection of your bid. Any bid may be withdrawn up until the date and time set forth above for opening of the bid. Any bid not so withdrawn shall constitute an irrevocable offer for a period of ninety (90) days. 3. Signature Required: All bids must show the company name and be signed in ink by a company officer or employee who has the authority to bind the company or firm by their signature. Unsigned bids will be rejected. All manual signatures must be original to be considered valid - no rubber stamp, photocopy, etc. (Payment will be made to company name shown only.) 4. Bid Withdrawal: Bidder certifies that prices, terms, and conditions in the bid will be irrevocable for a period of ninety (90) days from the date of bid opening unless otherwise required in the bid. Bids may not be withdrawn before the expiration of ninety (90) days. Bids may be withdrawn after ninety (90) days only upon written notification to the BSO Purchasing Bureau. If there is an error in extensions, unit prices will prevail. 5. Signed Bid Considered an Offer: This signed bid is considered an offer on the part of the bidder, which offer shall be considered accepted upon approval by appropriate authorities of BSO. BSO will issue a purchase order or a letter of authorization to the successful bidder, as authorization of award subject to requirements of detailed specifications and those conditions contained herein. 6. Default Provisions: In the event of default by the bidder, BSO reserves the right to procure the items(s) bid from other sources and hold the bidder responsible for excess costs incurred as a result. A contractor who defaults on a BSO contract may be debarred from doing business with BSO for a period of thirty-six (36) months from the date of default. 7. Copyrights and Patent Rights: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, and/or selling the item(s) ordered or shipped as a result of this bid; and successful bidder agrees to indemnify and hold harmless BSO, its employees, agents, or servants, Broward County, Broward County Board of Commissioners, its employees, agents, or servants against any and all liability, loss, or expense resulting from any such violation. 8. Laws and Regulations: Bidders agree to abide by all applicable Federal, State, County, and local rules, regulations, ordinances and codes. 9. Taxes: All taxes -- federal, state and local, relating to the Contractor's work under its agreement with the Broward Sheriff's Office and, similarly, all costs for licenses, permits, or certifications shall be paid by the Contractor. 10. Conflict of Instructions: If a conflict exists between the General Conditions and Instructions contained herein, and the Special Conditions and Instructions contained herein, the Special Conditions and Instructions shall govern. 11. Specifications and Requirements: The specifications, requirements and services to be provided are stated in Section III. Bidders requiring additional information regarding any of the bid terms, conditions or administrative requirements should send an a-mail to patrick_callagy@sheriff.org orviafacsimile to (954) 765- 4006. No change(s) and no interpretations(s) shall be considered binding unless provided to all bidders in writing in the form of an Addenda or Information Letter. 12. Intentionally Left Blank 13. Anti-Collusion Statement: By submitting this bid, the bidder affirms that this bid is without previous understanding, agreement, or connection with any person, business or corporation submitting a bid for the same services, materials, supplies, or equipment, and that this bid is in all respect fair, and without collusion or fraud. 14. Indemnification: Contractor shall, at all times hereafter, indemnify, hold harmless and, at the option of BSO counsel, defend or pay for an attorney selected by BSO counsel to defend BSO, the Sheriff, Broward County, the Board of BID # 10104029 8 Lease of Vehicles for Child Protective Investigations Section Commissioners of Broward County, and their officers, agents and employees of BSO and Broward County and Broward County Commission members from and against any and all claims, suits, actions, demands, causes of actions of any kind or nature, including all costs, expenses and attorneys fees, arising out of the negligent orwrongful act or omission of Contractor, its officers, agents, employees, servants, independent contractors or subcontractors. Contractor shall inform Sheriff in advance of planned actions and/or conduct related to Contractor's handling of any such action or claim. Sheriff shall inform Contractor of any known restrictions, defenses or limitations that may arise or exist by reason of BSO being a governmental entity. Sheriff shall not be liable for and Bidder agrees to indemnify Sheriff against any liability resulting from injury or illness, of any kind whatsoever, to Bidder's employees, agents, representatives, designees, or servants during the performance of the services, duties, and responsibilities contemplated herein. The above indemnification provisions shall survive the expiration or termination of this Agreement. 15. Nondiscrimination: CONTRACTOR shall not discriminate against any client, employee or applicant for employment because of race, age, color, religion, sex, national origin, physical or mental disability, sexual orientation. CONTRACTOR shall take affirmative action to ensure that applicants, subcontractors, Independent Contractors, and employees are treated without discrimination in regard to their race, color, religion, sex, national origin, disability, or sexual orientation. CONTRACTOR shall comply with all applicable sections of the Americans with Disabilities Act. The CONTRACTOR agrees that compliance with this Article constitutes a material condition to this Contract, and that it is binding upon the CONTRACTOR, its successors, transferees, and assignees for the period during which services are provided. The CONTRACTOR further assures that all subcontractors and Independent Contractors are not in violation of the terms of this Section. 16. Sovereign Immunity: Nothing in this Agreement is intended nor shall it be construed or interpreted to waive or modify the Sheriff's immunities and limitations on liability provided for in Florida Statutes section 768.28 as now worded or as may hereafter be amended. 17. Confidentiality: To the extent permitted bylaw, CONTRACTOR shall not at any time, in any manner, either directly or indirectly, communicate to any person, firm, corporation or other entity any information of any kind concerning any matter affecting or relating to the business of BSO, including, but not limited to, its manner of operation, its plans, computer systems, processes or other data of any kind, nature or description. The parties stipulating that as between them, the aforementioned matters are important, material and confidential and gravely affect the effective and successful conduct of the business of SHERIFF, and its goodwill, and that any breach of the terms of this paragraph is a material breach of this Contract. CONTRACTOR acknowledges that a breach of this confidentiality will cause irreparable injury to SHERIFF that the remedy at law for any such violation or threatened violation will not be adequate and BSO shall be entitled to temporary and permanent injunctive relief. 18. Severability: In the event any provisions of this Contract is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the Contract which shall remain in full force and effect and enforceable in accordance with its terms. 19. Enforcement: In the event either party incurs legal expenses or costs to enforce the terms of this Contract, the prevailing party shall be entitled to recover the costs of such action so incurred, including, without limiting, reasonable attorney's fees and costs. 20. No Third Party Beneficiaries: This Contract is for the benefit of the parties hereto, and is not entered into for the benefit of any other person or entity. Nothing in this Contract shall be deemed or construed to create or confer any benefit, right or cause of action for any third party or entity. 21. Funding: The obligation of BSO for payment to the bidder is limited to the availability of funds appropriated in a current fiscal period, and continuation of any contractual relationship into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 22. Manner of Performance: Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to BSO any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, BID # 10104029 9 Lease of Vehicles for Child Protective Investigations Section and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 23. Public Records: The Broward Sheriffs Office is subject to Chapter 119, Florida Statutes, and the "Public Records Law." No claim of confidentiality or proprietary information in all or any portion of a response to the BID will be honored unless a specific exemption from the Public Records Law exists and it is cited in the response to the BID. An incorrectly claimed exemption does not disqualify the firm, only the exemption claimed. 24. Agreement/Contract: Any Agreement or contract resulting from the acceptance of a bid shall be on forms either supplied by or approved by BSO and shall contain, as a minimum, applicable provisions of this Invitation to Bid. BSO reserves the right to reject any agreement, which does not conform to the BID, and any BSO requirements for agreements and contracts. BSO reserves the right to modify, add or delete language in any agreement. If the bidder requires BSO to execute a Lease Agreement, a copy MUST be submitted with the bid document for approval by BSO prior to award; otherwise the bid document and BSO Purchase Order will be the Lease Agreement between the parties. If the bidder submits a Lease Agreement it shall contain, at a minimum, the terms and conditions stated herein. The Lease Agreement will be subject to negotiation. In the event an Agreement cannot be reached, BSO shall have the right to declare an impasse and commence negotiations with the next lowest bidder. 25. Assignment: No assignment of this contract or the rights and obligations hereunder by CONTRACTOR shall be valid without the express written consent of BSO, which may be given or withheld, in BSO's sole discretion. 26. Waiver or Breach: It is agreed that no waiver or modification of the terms hereof or of any covenant, condition, or limitation contained in said terms shall be valid unless it is in writing and duly executed by the party to be charged with it, and that no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting the terms hereof, or the right or obligations of any party, unless such waiver or modification is in writing, and duly executed. The waiver by either party of a breach or violation of any provision of this Contract shall be construed as a modification of this contract and shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or any other provision of this Contract. 27. Termination: The Contract may be terminated upon the following events: a) Termination by Mutual Agreement. In the event the parties mutually agree in writing, this Contract may be terminated on the terms and dates stipulated therein. b) Termination without Cause. Either party shall have the right to terminate this Contract without cause by providing the other party with thirty (30) calendar day's written notice via certified mail, return receipt requested or via hand delivery with proof of delivery. c) Termination for Cause. In the event of a material breach, either party may provide the other party with written notice of the material breach. The other party shall have thirty (30) days from the date of its receipt of such notification to cure such material breach. If the material breach is not cured within that time period, the non- breaching party may terminate this Contract immediately. Material breaches shall include but are not limited to, violations of Governing Standards, state orfederal laws, BSO's policies and procedures, or the terms and conditions of this Contract. d) Termination for Lack of Funds. In the event the funds to finance this Contract become unavailable or are not allocated by Broward County or applicable grant funds, BSO may provide CONTRACTOR with thirty (30) days written notice of termination. Nothing in this Contract shall be deemed or construed to prevent the parties from negotiating a new Contract in this event. e) Immediate Termination by BSO. BSO, in his sole discretion, may terminate this contract immediately upon the occurrence of any of the following events: i. CONTRACTOR's violation of the Public Records Act; ii. The insolvency, bankruptcy or receivership of CONTRACTOR; iii. CONTRACTOR's violation or non-compliance with NONDISCRIMINATION Section of this Bid; or BID # 10104029 10 Lease of Vehicles for Child Protective Investigations Section iv. Neither the termination nor the expiration of this Agreement shall relieve CONTRACTOR, its employees from their contractual duty and ethical obligation to provide or arrange for services under this Agreement until the date of termination. v. Notwithstanding any other provisions of this Contract, the CONTRACTOR'S duty to indemnify and defend BSO as set forth in this bid shall survive the termination or expiration of this Contract. 28. Drug Free Workplace Certification by Contractor: All bidders must complete the attached "Drug Free Workplace Certification by Contractor", and submit it with their bid. Failure to do so may result in resection of your bid. 29. Public Entity Crimes: In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes) a person or affiliate who has been placed on the convicted Contractor list maintained by the State of Florida Department of General Services following a conviction for a public entity crime may not submit a bid on a contract with BSO, may not be awarded or perform work as a CONTRACTOR, supplier, or subcontractors, under a contract with BSO, and may not conduct business with BSO for a period of thirty six (36) months from the date of being placed on the convicted Contractor list. Violation of this section by CONTRACTOR shall result in termination of this Contract and may cause CONTRACTOR debarment. 30. Governing Procedures: This bid is governed by the applicable sections of the BSO Purchasing Procedures Manual. A copy of the manual is available for review at the BSO Purchasing Division. 31. Identical Tie Bids: If all bids received are for the same total or unit price, quality and service being equal, the contract or purchase wil I be awarded to a local responsible bidder. Local bidder is defined as a bidder whose business office is located within Broward County, Florida. If there is a tie bid among local bidders or among non-local bidders, preference will be given to a certified minority business enterprise. If none of these conditions exist or there is more than one local and/or minority business enterprise, the Purchasing Manager will determine which bid will be selected, based upon the best interests of BSO. 32. ACKNOWLEDGEMENT/REQUEST FOR INFORMATION AND/OR CLARIFICATIONS: Each bidder shall examine and review this bid, indicating their understanding of each page by signing the "Acknowledgement Section", "Section IV". Requests for additional information or clarification regarding this ITB should be e-mailed to patrick_callagy@sheriff.org ormay be faxed to (954) 765-4006. No verbal requests for information or clarification shall be honored. 32.1 The person submitting the request for additional information or clarification shall be responsible for its timely delivery. Requests received less than five (5) business days prior to the deadline for submittal of this ITB might not be acknowledged. Bidders are cautioned that any communication prior to award shall be limited to the designated representative of the Purchasing Division as stated above. 32.2 At its sole discretion, BSO may answer such inquiries by means of a written Information Letter or an Addendum. In the event that an inquiry is made in which the explanation or clarification requires a substantial change to the specifications, aformal Addendum will be issued to all document holders. If any addenda are issued to this Invitation to Bid, BSO will attempt to notify all known prospective Bidders, however, it shall be the responsibility of each Bidder, prior to submitting their bid, to visit the BSO website or contact the BSO Purchasing Division at (954) 831-8170 to determine if addenda were issued and to make such addenda a part of their bid. 32.3 Explanations or clarifications, which do not require any revision to the specifications, will be issued in the form of an Information Letter. Information Letters do not need to be signed or returned with the proposal. The BSO shall not be responsible for oral information given by any of the BSO employees or other persons. The issuance of a written Information Letter or Addendum is the only official method whereby interpretation, clarification or additional information can be given. 32.4 Addenda Acknowledgement: The Bidder shall be required to acknowledge receipt of any formal addenda by signing the Addendum and including it with the Bid. Failure of a Bidder to include a signed formal addendum in its Bid shall deem its Bid non-responsive; provided, however, that BSO may waive this requirement in its best interest. BID # 10104029 11 Lease of Vehicles for Child Protective Investigations Section 33. Statement of "No Bid": If your firm chooses not to submit a bid, please complete and return the attached Statement of "No Bid" Form. Failure to respond by either submitting a bid or "No Bid" form after receiving three Invitation to Bids may result in your firm being removed from our Contractor's List. 34. Non-Exclusive Agreement: Bidder understands and acknowledges that any Agreement awarded as a result of this bid is non-exclusive and that BSO reserves the right to lease vehicles from others. ***END OF SECTION II *** BID # 10104029 12 Lease of Vehicles for Child Protective Investigations Section SECTION III INTENT BID SPECIFICATIONS & GENERAL REQUIREMENTS The intent of this bid is to establish a 36-month or 48-month lease agreement for an estimated eighty-six (86) vehicles. Selected vehicles will include all or a combination of the following makes and models: Chevrolet Malibu, Ford Fusion, or Ford Focus. The three specified makes and models are the only ones being considered at this time and the vehicles quoted MUST be factory new. Pre-owned vehicles will not be considered. B.S.O. makes no guarantee on actual makes, models or quantities to be ordered and reserves the right to increase or decrease the estimated quantities. If the bidder requires B.S.O. to execute a lease agreement, a copy must be submitted with the bid document for approval by B.S.O. prior to award; otherwise the bid document and B.S.O. Purchase Order will be the lease agreement between both parties. If the bidder submits a lease agreement, such lease agreement shall contain, at a minimum, the terms and conditions stated herein. The lease agreement will be subject to negotiation. In the event an agreement cannot be reached, B.S.O. shall have the right to declare an impasse and commence negotiations with the next lowest bidder. INSURANCE Sheriff will insure all vehicles provided under this agreement for all causes directly attributed to the negligent acts or omissions of B.S.O., its employees, agents or servants. B.S.O. agrees to pay all claims and losses attributed to such negligent acts or omissions and shall defend Lessor against all such claims and losses. Sheriff shall be responsible for any and all physical damage (in accordance with an established definition -see physical damage paragraph below) to a vehicle under this agreement when B.S.O. is found at fault. Lessor shall be responsible for subrogation of damages when B.S.O. is found not at fault. SOVEREIGN IMMUNITY Sheriff will at all times be entitled to the benefits of sovereign immunity as provided in Florida Statutes, Section 768.28, and common law. Nothing contained in this agreement shall be construed as a waiver of sovereign immunity. MILEAGE LIMITATIONS Bidder shall provide pricing for both fifteen thousand (15,000) and twenty thousand (20,000) annual mileage limits. VEHICLE USE It is understood and agreed that the vehicles leased under the resultant agreement are intended for administrative use only. They are not intended for use as traffic control and enforcement vehicles, nor are they intended for use in chase and apprehension or transport of suspects under arrest. MAINTENANCE & REPAIR B.S.O. assumes responsibility for preventive maintenance and non-warranty repairs to the vehicles during the term of the lease agreement. INCEPTION/TITLE/TAG/REGISTRATION FEES Pricing quoted for this lease shall be based on zero percent down with no inception fees. Additionally, all costs associated with title, tag and registration of the vehicles shall be borne by the Lessor. All vehicles must be delivered with the permanent tag and valid registration. No paper/temporary tags will be accepted. NOTE: Any questions related to tag/title/registration fees in Broward County maybe directed to the Broward County Auto Tag Information Center @ 954-765-4697 or a-mail your question to autota~s(c~broward.or~. Any question pertaining to use tax may be directed to the State Department of Revenue @ 1-800-352-3671. PHYSICAL DAMAGES Bidders must submit a detailed definition, in clear and concise language, of "physical damages" for which B.S.O. will be responsible for upon return of the vehicles at the end of the lease term. The definition should specifically exclude any minor surface scratches and/or parking lot dings. MINIMUM BASE SPECIFICATIONS (STANDARD EQUIPMENT) FOR VEHICLES (4 DOOR SEDAN -CHEVROLET MALIBU, FORD FUSION, FORD FOCUS) 1. ENGINE A. Manufacturer's 4 cylinder gasoline engine, alternator battery, and cooling package 2. TRANSMISSION BID # 10104029 13 Lease of Vehicles for Child Protective Investigations Section A. Manufacturer's standard automatic transmission and axle ratio PERFORMANCE ITEMS A. Manufacturer's standard power steering B. Manufacturer's standard gauges 4. COMFORT ITEMS A. Manufacturer's standard air conditioning with 134A system B. Manufacturer's tinted glass all around (AS PERMITTED BY AND IN COMPLIANCE WITH FEDERAL MOTOR VEHICLE SAFETY STANDARD NO. 205) C. Manufacturer's standard trunk opener D. Keys: two per vehicle, single key locking system, (each vehicle keyed differently) E. Manufacturer's standard AM/FM stereo F. Manufacturer's standard floor covering with front and rear floor mats G. Manufacturer's standard production seats. Color to be selected at time of order 5. BRAKES A. Four wheel anti-lock ABS system 6. SAFETY ITEMS A. Dual outside mirrors, inside rearview mirror B. Interior dome light(s), with left and right door activated switches. C. Minimum 2-speed electric wipers; windshield washer D. Manufacturer's standard airbags 7. TIRES & WHEELS A. Manufacturer's standard tires and wheels B. Manufacturer's spare tire and rim, if available 8. CHASSIS, FRAME, CAB A. Manufacturer's standard colors, factory painted. Colors to be selected at time of order. B. Manufacturer's standard door molding C. Manufacturer's standard fuel tank D. Inside hood release 9. CONDITIONS In addition to equipment specified, vehicle shall be equipped with all standard equipment as specified by the manufacturer for this model and shall comply with all EPA Emission Standards and all Motor Vehicle Safety Standards as established by the U.S. Department of Transportation regarding the manufacture of motor vehicles. The successful bidder shall be responsible for delivering vehicles that are properly serviced, clean and in first class operating condition. Pre-delivery service, at a minimum, shall include the following: A. Complete lubrication B. Check all fluid levels to assure proper fill C. Adjustment of engine to proper operating condition D. Inflate tires to proper pressure E. Check to assure proper operation of all accessories, gauges, lights and mechanical features F. Focusing of headlights G. Cleaning of vehicles, if necessary, and removal of all unnecessary tags, stickers, papers, etc. DO NOT remove window price sticker or supplied line sheet ***END OF SECTION III*** BID # 10104029 14 Lease of Vehicles for Child Protective Investigations Section SECTION IV -BID PRICING FORM & ACKNOWLEDGEMENTS 1. BIDDER ACKNOWLEDGEMENT: Bidder by virtue of submitting this bid acknowledges that they have read, understand, accept and will comply with all the terms, conditions and specifications of this BID and any addenda issued. Bidders shall thoroughly examine and be familiar with these specifications. The failure or omission of any Bidder to review this document shall in no way relieve any Bidder of obligations with respect to this BID. The submission of a bid and signature below shall be taken as evidence of acceptance of the terms and conditions of this BID. IMPORTANT!!! THIS PAGE MUST BE SIGNED FOR BID TO BE CONSIDERED PER GENERAL CONDITIONS SECTION II The undersigned Bidder does declare that no other persons other than the Bidder herein named has any interest in this bid or in the contract to be taken, and that it is made without any connection with any other person or persons making bid for the same article, and is in all respects fair and without collusion or fraud. The undersigned further declares that the specifications have been carefully examined and the Bidder is thoroughly familiar with its provisions and with the quality, type and grade of required materials. The undersigned further declares and proposes to furnish the articles called for within the specified time in this bid for the following price and guarantees that parts and services for the articles listed below are available within the State of Florida, to wit: The Bancorp Bank/dba/ Mears Motor Leasing 3/12/2010 Legal Name of Company Manual Signature of Company Officer Date PRINT INFORMATION BELOW: James C. Hartman Vice President Name of Company Officer Please check one: ORIGINAL ~ COPY Title of Company Officer BID # 10104029 15 Lease of Vehicles for Child Protective Investigations Section BID FORM ITEM PRICING INFORMATION Lease of Vehicles for Child Protective Investigations Section ~ Z w ~ DESCRIPTION YEAR, MAKE, MODEL ESTIMATED QUANTITY UNIT COST pER MONTH EXTENSION TOTAL LEASE COST 1 Mid-Size Vehicles per specifications with annual mileage usage of 15,000 2010 Chevrolet 86 $ 3 9 3.81 $12192 3 5 . 7 6 Malibu X 86 X 36 = 1A. Mid-Size Vehicles per specifications `~`~ith annual mileage usage of 20,000 2010 Chevrolet $6 $ 3 9 3.81 $12192 3 5 . 7 6 Malibu X 86 X 36 = 2 Mid-Size Vehicles per specifications with annual mileage usage of 15,000 2010 Chevrolet $ 3 4 3. 5 2 $1418 0 5 0. 5 6 Malibu 86 X 86 X 48 = 2A Mid-Size Vehicles per specifications with annual mileage usage of 20,000 2010 Chevrolet $ 3 5 6.41 $ 14 712 6 0 . 4 Malibu 86 X 86 X 48 = 3 Mid-Size Vehicles per specifications with annual mileage usage of 15,000 2010 Ford Fusion $6 $ 2 4 7. 0 9 $ 7 6 4 9 9 0. 6 4 X86X36 3A. Mid-Size Vehicles per specifications `~`~ith annual mileage usage of 20,000 2010 Ford Fusion $6 2 4 7 . 0 9 $ $ 7 6 4 9 9 0 . 6 4 X86X36 4 Mid-Size Vehicles per specifications with annual mileage usage of 15,000 2010 Ford Fusion gg $ 2 31.3 2 $ 9 5 4 8 8 8. 9 6 X86X48= 4A. Mid-Size Vehicles per specifications `~`~ith annual mileage usage of 20,000 2010 Ford Fusion $6 $ 2 4 4 .2 0 $10 0 8 0 5 7 . 6 0 X86X48= 5 Compact Vehicles per specifications with annual mileage usage of 15,000 2010 Ford FOCUS 86 $ 2 4 9. 4 9 $ 7 7 2 4 21.0 4 X86X36 5A. Compact Vehicles per specifications with annual mileage usage of 20,000 2010 Ford FOCUS $6 $ 2 4 9 . 4 9 $ 7 7 2 4 21.0 4 X86X36 6 Compact Vehicles per specifications with annual mileage usage of 15,000 2010 Ford Focus 86 $ 2 2 3. 8 3 $ 9 2 3 9 7 0 . 2 4 X86X48= 6A. Compact Vehicles per specifications with annual mileage usage of 20,000 2010 Ford FOCUS 86 $ 2 3 0 . 0 4 $ 9 4 9 6 0 5.12 X86X48= BID # 10104029 16 Lease of Vehicles for Child Protective Investigations Section EXCESS MILEAGE AT VEHICLE RETURN @ $ 0.10 pER MILE. NOTES: X PRICING SHALL BE BASED UPON A 36-MONTH OR 48-MONTH LEASE WITH NO INCEPTION FEES. X PRICING SHALL BE BASED UPON INCREMENTAL DELIVERIES. X IF THE BIDDER REQUIRES B.S.O. TO EXECUTE A LEASE AGREEMENT, A COPY MUST BE SUBMITTED WITH THE BID DOCUMENT FOR APPROVAL BY B.S.O. PRIOR TO AWARD; OTHERWISE THE BID DOCUMENT AND B.S.O.'S PURCHASE ORDER WILL BE THE LEASE AGREEMENT BETWEEN BOTH PARTIES. ANY PROPOSED LEASE AGREEMENT SUBMITTED BY THE BIDDER WILL BE SUBJECT TO NEGOTIATION (REFERENCE SECTION III -INTENT). X ALL COSTS ASSOCIATED WITH TITLE, TAG AND REGISTRATION OF THE VEHICLES SHALL BE BORNE BY THE LESSOR. ALL VEHICLES MUST BE DELIVERED WITH THE PERMANENT TAG AND VALID REGISTRATION. NO PAPER/TEMPORARY TAGS WILL BE ACCEPTED. X NOTE: Any questions related to tag/title/registration fees in Broward County may be directed to the Broward County Auto Tag Information Center @ 954-765-4697 ore-mail your question to autotags(c~broward.org. Any question pertaining to use tax may be directed to the State Department of Revenue @ 1-800-352-3671. DELIVERY TIME AFTER RECEIPT OF ORDER: 45-75 days fr~L€1~~~R~fA~rder* *delivery is subject to Manufacturer's Production and Availability QUANTITIES ARE AN ESTIMATE - BSO MAKES NO GUARANTEE ON ACTUAL MAKES, MODELS OR QUANTITIES TO BE ORDERED AND RESERVES THE RIGHT TO INCREASE OR DECREASE THE ESTIMATED QUANTITIES, CONTINGENT UPON AVAILABILITY OF FUNDING. Legal Company Name The Bancorp Bank/dba/Means Motor Leasing SECTION IV -BID PRICING FORM & ACKNOWLEDGEMENTS NOTE: YOUR BID SUBMITTAL MUST INCLUDE TECHNICAL SPECIFICATIONS FOR THE ITEM (S) BID. NAME & ADDRESS OF COMPANY SUBMITTING BID: The Bancorp Bank/dba/Means Motor Leasing 3905 El Rey Road Orlando, FL 32808 FEDERAL EMPLOYER IDENTIFICATION # OR SOCIAL SECURITY # 2 0-1113 61 COMPANY TELEPHONE NUMBER: (40253-4464 E-MAIL ADDRESS jt@mearsleasinq.com SIGNER TELEPHONE NUMBER: (407)-253-4444 2. Acknowledgement of Addenda: Number of Addenda Issued 1010 4 0 2 9 FAX#: (40~ 578-4927 FAX#: (407j-292-9292 BID # 10104029 17 Lease of Vehicles for Child Protective Investigations Section 3. Conflict of Interest: For purposes of determining any possible conflict of interest, all Bidders must disclose if any BSO employee or family member (that is in a position of authority, will be involved with the contract on a daily/monthly basis or will be involved in the contract administration) is also an owner, corporate officer, or employee of their business. Indicate either "yes" (A BSO employee or family member is also associated with your business), or "no". If yes, give person(s) name(s) and position(s) with your business. Yes Name(s) and Position(s) No X 4. Pending Litigation: Submit information on any pending litigation and anyjudgments and settlements of court cases that have occurred within the last three years. N/A SECTION IV -BID PRICING FORM & ACKNOWLEDGEMENTS (cont) 5. Debarments: Submit any information on any debarments from doing business with a Governmental Agency that have occurred within the last three years. N/A 6. Payment Terms: PAYMENT WILL BE MADE WITHIN THIRTY (30) DAYS OF RECEIPT OF ACCURATE INVOICE. Advance payments will not be made. ***END OF SECTION IV *** BID # 10104029 18 Lease of Vehicles for Child Protective Investigations Section ATTACHMENT "A" AFFIDAVIT The undersigned vendor hereby certifies that the information provided below is accurate. Indicate which paragraph applies by affixing your initials next to paragraph 1 or paragraph 2. x 1.None of the Contractor's Corporate Officers, Owners, Partners, Employees, Agents or individuals that will be working on this BSO contract have been convicted of a felony or have action pending. OR 2.The following Contractor's Corporate Officers, Owners, Partners, Employees, Agents or individuals that will be working on this BSO contract have been convicted of a felony or have action pending. Note: Further documentation may be required. 1 Legal Name Previous Names Used Legal Name Previous Names Used Legal Name Previous Names Used 4. Legal Name Previous Names Used 5. Legal Name Previous Names Used Driver's License Number (Attach copy) Title/Duties performed Driver's License Number (Attach copy) Title/Duties performed Driver's License Number (Attach copy) Title/Duties performed Driver's License Number (Attach copy) Title/Duties performed Driver's License Number (Attach copy) Title/Duties performed Attach a supplemental sheet if needed and also have the additional sheet notarized. BID # 10104029 19 Lease of Vehicles for Child Protective Investigations Section AFFIDAVIT, Page 2 It is the contractor's responsibility to notify BSO during the term of the contract if additional names need to be added to the above affidavit due to conviction of a felony or have action pending. Verbal notification is required within 24 hours and written notification is required within three (3) BSO workdays. The notice shall include name and the position title of the employee and duties performed. Contractor must maintain an environment that is safe and will not be harmful to the public or to B.S.O. employees. The Bancorp Bank/dba/ Mears Motor Leasing (Vendor Signature) (Company Name) James C. Hartman 3905 El Rey Road, Orlando, FL 32808 (Print Name) (Address) State of Florida County of Orange The foregoing instrument was acknowledged before me this 12th Day Of March 2 010 by James C . Hartman As Vice President The Bancorp Bank/dba/ Of Mears Motor Leasing described herein, or who produced identification, and who did/did not take an oath. NOTARY PUBLIC: (Signature) (Print Name) My commission expires: known to me to be the person as (title) BID # 10104029 2 0 Lease of Vehicles for Child Protective Investigations Section ATTACHMENT "B" DRUG FREE WORKPLACE CERTIFICATION BY VENDOR The undersigned vendor hereby certifies that it will provide adrug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the vendor's workplace, and specifying the actions that will betaken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The vendor's policy of maintaining adrug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1 ), that as a condition of employment on a covered contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 calendar days after such conviction; (5) Notifying Broward Sheriff's Office in writing within 10 calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include name and the position title of the employee; (6) Within 30 calendar days after receiving notice under subparagraph (4) of a conviction, taking one or more of the following actions with respect to an employee who is convicted of adrug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; and/or (ii) Requiring such employee to satisfactorily participate in and complete a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and BID # 10104029 21 Lease of Vehicles for Child Protective Investigations Section DRUG FREE FORM (CONY) (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs (1) through (6). The Bancorp Bank/dba/ Mears Motor Leasing (Vendor Signature) James C. Hartman (Print Name) State of Florida County of Orange (Company Name) 3905 El Rey Road, Orlando, FL 32808 (Address) The foregoing instrument was acknowledged before me this 12th Day of March , 2010 , by James C. Hartman As Vice President (title) The Bancorp Bank dba of Mears Motor Leasing known to me to be the person described herein, or who produced identification, and who did/did not take an oath. NOTARY PUBLIC: (Signature) (Print Name) My commission expires: as BID # 10104029 2 2 Lease of Vehicles for Child Protective Investigations Section ATTACHMENT "C" STATEMENT OF "NO BID" FORM COMPANY NAME: AUTHORIZED SIGNATURE: BID # 10104029 Lease of Vehicles for Child Protective Investigations Section WE HAVE ELECTED NOT TO SUBMIT A BID DUE TO THE FOLLOWING REASON(S): INSUFFICIENT TIME TO RESPOND. DO NOT OFFER THIS PRODUCT/SERVICE. UNABLE TO MEET SPECIFICATIONS. UNABLE TO MEET SERVICE REQUIREMENTS. WORKLOAD DOES NOT ALLOW US TO BID. SPECIFICATIONS UNCLEAR OR TOO RESTRICTIVE. OTHER (PLEASE SPECIFY): PLEASE RETURN TO: BROWARD SHERIFF'S OFFICE PURCHASING DIVISION P.O. BOX 9507 FORT LAUDERDALE, FL 33310 BID # 10104029 2 3 Lease of Vehicles for Child Protective Investigations Section 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: January 12, 2011 SUBJECT: AGENDA ITEM 8.M.4 -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 PURCHASE AWARD/ NDI RECOGNITION SYSTEMS ITEM BEFORE COMMISSION The Police Department requests approval to purchase two Automated License Plate Recognition Systems (ALPRs) from NDI Recognition Systems. Total cost for this project will be $27,900, and funding will come from the Federal Forfeiture account. BACKGROUND For over a year, the Police Department has been researching APLRs. This type of system is an important Law Enforcement tool It captures the license plates of vehicles through a camera system, which are then matched against State and National databases for known criminals with active warrants. It also notifies the officer if the vehicle has been reported as stolen. The benefits of such technology are apparent. APLRs come in several types: pole mounted, hard-wired into a vehicle, or portable. Our Department has determined that mobile, portable units will be the most effective for our purposes. Pole mounted units are stationary and cannot be relocated without significant expense. This presents obvious limitations. Although they were slightly less expensive, the limitations outweighed the usefulness, so they were removed from consideration. Mobile units hard-wired into a vehicle are more expensive than portable units because they utilize more cameras. They also limit usage to the vehicle in which they are installed. This will create inefficiencies due to scheduling and the take-home car program. Using a hard- wired system would require the purchase of additional units to allow the same level of coverage, increasing costs even further. Therefore, the system being recommended by the Police Department is Veriplate, which is both mobile AND portable (can be transferred easily between cars). NDI Recognition Systems is asole-source vendor for this technology. Attached, you will find asole-source letter, quote, and a list of municipalities currently using this system. FUNDING SOURCE Funding will be provided from the Federal Forfeiture Fund, account # 115-2112-521-64.90. RECOMMENDATION The Police Department recommends approval. m NCI RECC3~C91TIO~n~d SY5T~M5 12/29/2010 Ms. Sharon L'Herrou c/o Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, FL 33444 Quote Ref: DW 122910FL-RDSx2 The following is a revised quotation on a quantity of TWO- 2 camera Rapid Deployment in-car portable LPR Systems. The pricing is for acomp/ete portab/e mobi/e s sy tem and includes VICE Web Based Back Office, PREDATOR Live Check, Hotl/st synchron/zat/on and 1St year Manufacturers Warranty. QTY VeriPlate In-Car Rapid Deployment Portable LPR System Per unit Total 2 2 x Dual I R/Color V 220 camera pods 2 x Custom Cables for V-220 pods (cameras to TG-X200) U 2 f I p (d ~ t! ~;` 1 x TG-X200 / USB cable (TG-X200 to laptop) 2 x Camera Window Mounting Bracket 1 x VeriPlate in-car LPR application software (for existing laptop)(mapping, search & alert) Total for TWO VeriPlate Two camera RDS in-car Portable LPR systems $9,950.00 $19,900.00 VICE Web Based Back Office (Software only) 1 VICE Web based (Vehicle Intelligence and Communications Engine) Back Office Including advanced mapping, unlimited search & auditing, data sharing enabled, Statistical reporting & analysis, Hotlist management, Hotlist Upload/download Hotlist synchronization (NCIC & State CAD ready) $3,500.00 $3,500.00 PREDATOR UPGRADE U~fl~J~Bi~~~ , 2 "PREDATOR" Upgrade Pack (2 RDS Kits) In-vehicle CAD integration module /Single Click 'Live Check' capability in real time VeriPlate in-car Mapping (Maplt / MapMe) software (per vehicle) V-Gate communications gateway with push/pull messaging & hotlist synchronization $1,250.00 $2,500.00 TOTAL Capital cost of hardware & software - $25,900.00 INSTALLATION & COMMISSIONING SERVICES Installation and commissioning of VICE Back Office, &VeriPlate /Predator (Client 2 Software) Includes Up to 4 hours training. $1,000.00 $2,000.00 1s` Year Manufacturer's Warranty Included Included Total Installation and Commissioning charges $2,000.00 Total price for 2 VeriPlate 2 camera Portable Rapid Deployment Systems including VICE Back Office, Predator Upgrade, Software Installation, Commissioning and User Training Optional [Years 1-3] Costs per year for On-Site hardware/software (fix or replace) extended nrarranty and future software upgrades, revisions & improvements. NDI Recognition Systems NDI Recognition Systems 725 West S.R. 434 Suite E 9700 Research Drive Suite 136 Longwood, FL 32750 Charlotte, NC 28262 Tel: 866-458-0426 Fax: 321-441-1801 Tel: 866-458-0426 Fax: 321-441-1801 Web:www.ndi-rs.com Email:sales@ndi-rs.net Web:www.ndi-rs.com Email:sales@ndi-rs.net $27,900.00 $2,590.00 rv. ~~ NDI RECOCiNITIC)N 5Y5TEM5 z s+~~I~~+~M~~r wr ~>N~sw>f#w~,r~+r~ r r M * ~ ~I +r ~ • ~I rr ss~w•r • t>iM~I ~~~•~~+~rw~M ~f+d~~ei~~rr_~e-J r r ~~ I j ~ ~11r ~~~+~ ~_.!.-. '~~ it u ;' ~ ~ ~ it ~~~~'~'~ ,a _ _.._ ° ,, ,~ ~',. ,~,. ,. '~ .,~ ~,. is VICE Back Office installation The VISCE back office software will be remotely installed by an NDI software engineer in cooperation with the agency's IT department at the time of installation. Lead Time Lead-time from receipt of order to installation/delivery is 4 to 6 weeks Payment Terms NDI will invoice for the hardware /software when received at Longwood, FL Corporate Office and all warranty will commence on that date. The VeriP/ate advantage provides for Sing/e C/ick "Live Check" with the push of a sing/e button, Rea/ time access to Hotlists and Dynamic Dispatch pushing up to the minute irate//igence to the Officer. I trust this meets with your approval but should you require further information or I could assist in any other way, please do not hesitate to contact me directly. Sincerely, J. Dan Williams U.S. Business Development Manager NDI Recognition Systems NDI Recognition Systems 725 West S.R. 434 Suite E 9700 Research Drive Suite 136 Longwood, FL 32750 Charlotte, NC 28262 Tel: 866-458-0426 Fax: 321-441-1801 Tel: 866-458-0426 Fax: 321-441-1801 Web:www.ndi-rs.com Email:sales@ndi-rs.net Web:www.ndi-rs.com Email:sales@ndi-rs.net ~~ ~~i e~ECO~~viTica~ svsr~r~s December 29, 2010 I have the pleasure in providing Sole Source details for the VeriPlate Rapid Deployment ALPR System (RDS). (& VeriPlate TGX-200) An industry precedent, NDI Recognition Systems is the only ALPR provider offering a truly portable laptop based system and is recognized as the FIlZST TRULY PORTABLE LPR solution that does not require an LPR processor anywhere in the vehicle. Designed for rapid deployment between multiple vehicles, the RDS VeriPlate-TGX series of LPR solutions deliver speed of deployment, the highest accuracy available and "patent pending" TGX-200 plate acquisition technology, hotlist alerting, mapping and search capability. The complete unit, (software, cameras, cables, window or trunk camera mounts & TGX- 200) all housed in a small ruggedized case for rapid deployment offers unbeatable performance, and extreme portability. NDI Recognition Systems are the manufacturer of all hardware and software and own all intellectual property rights for VeriPlateTM, TGXTM, TALON Recognition EngineTM, V- 220 Cameras and VICE (Vehicle Intelligence Communications Engine). The industries first ever `processor-less' portable LPR solution further supports its Sole Source credentials by including NDI-Recognition Systems' V-220 camera's which declare the ONLY VARIABLE ZOOM dual LPR camera available on a portable system allowing an LPR zoom range of 8' to 40' A competitive differentiator that continues to separate NDI Recognition Systems from all other industry offerings is our VeriPlate "PREDATOR" software advantage which includes our unmatched in-vehicle CAD (computer-aided dispatch) integration module (any CAD system) allowing fora Single Click "Live Check" with the push of a single button ,providing real time access to Hotlists and Dynamic Dispatch pushing up to the minute intelligence to the Officer. The LIVE CHECK feature is the ONLY LPR interface allowing an officer to check any registration tag via NCIC and State -CIC in REAL TIME. NDI Recognition Systems NDI Recognition Systems 725 West S.R. 434 Suite E 9700 Research Drive Suite 136 Longwood, FL 32750 Charlotte, NC 28262 Tel: 866-458-0426 Fax: 321-441-1801 Tel: 866-458-0426 Fax: 321-441-1801 Web:www.ndi-rs.com Email:sales@ndi-rs.net Web:www.ndi-rs.com Email:sales@ndi-rs.net ~e ~ __ ~° ~ ;,rl P~tf ~~,I,~ Ii ~I,~' aI ,~. ~D~'G'~' ~r ,~ r ~aa~~~~~~ ~~p..~ ir~e~^it~ ~~t I. , ~ ~ ~:~~ ~. a::~~r~~c~~°~: ~f1"i~~~ ~`F S, ~ ;_r~~ ~?f:~E r',~c,~ ,~r~,~- , " ~"!. Itx !", ..,~. ~ ~~~~' : !`J t.~~~ ~' Y4`~~1~ ~/7E"~CI:~"~1' ~ ~ 1t ',l: .. .. 7r",r~ r~tiw ld .~,~~f.• ~';i=,l .. ,!%!1/i~ ~~'.5~3i3'~C"~l~1'LJ.Si~f//~CJ .,. I ' : I ~l ~f 1 '~ m . ~: tl s ...y y~rti~ '. ~ ~. ~ i ~ ~": ~`~ i ~ >i i ~r ~ .. .~ ~ e ~ ~ ~ ~ i ~ ~ i i ~ i ~~. r~i,~ra _„ ~~ .. .~.. .~... ~ .B~,C,~ ~ L.~~~~~~~aa~~G ~au~~~ ACC r¢~~~rttw~ HIV l ~ ... ~ P; , ~ r:,'r ~ '7r ~ lt' . a Ll' f. ~.'L't ~~~i1.Mr~~ ~17t'' i 1.ti~7 r .... r ..~ J, ~ 'fr ~t •. ~f ~ ~. ., r•r)ii d,.: ~f,~~.r4:}~l i,lf i ~ ~M ., I I ~ ~~.., i II li >I~ ~~,.. u ~ g,.u. i ry~,,,', . ~ pg~^µ ;,qN, tw.U. IL/'C';": VA ~~kIty nww~mm wm~~w ~l- ~ i ~. i ~ ~ i ~ ~ ~ m, ~~~I ~~11 ., '~'r 9 ~~ ~ ~ ~ ~ r .,u ~ ».,_tl'k,,.l Ildle~,}dllluua i.`~.~# ~~,.s./I„1krv..~u°",~:P,R ~, r~~,i r~rrrr~; roc d sr~rFr~s NDI Recognition Systems North America Installation Locations FLORIDA • Alachua County Sheriff's Office, Florida • Aventura Police Department, Florida • Boynton Beach Police Department, Florida • Brevard County Sheriff's Office, Florida • Charlotte County Sheriff's Office, Florida • Coconut Creek Police Department, Florida • Collier County Sheriff's Office, Florida • Coral Gables Police Department, Florida • Crowne Enterprises, Tampa, Florida • Daytona Beach Police Department, Florida • Fort Lauderdale Police Department, Florida • Gainesville Police Department, Florida • Glen Oaks Property Owners Association, Inc. Boca Raton, Florida • Hardee County Sheriff's Office, Florida • Highlands County Sheriff's Office, Florida • Hillsboro Beach Police Department, Florida • Jupiter Island Police Department, Florida • Lighthouse Point Police Department, Florida • Manalapan Police Department, Florida • Marco Island Police Department, Florida • Miami Gardens Police Department, Florida • Monroe County Sheriff's Office, Florida • North Miami Beach Police Department, Florida • Okeechobee County Sheriff's Office, Florida • Orlando Police Department, Florida • Osceola County Sheriff's Office, Florida • Palm Beach County School District, Florida • Palm Beach County Sheriff's Office, Florida • Palm Beach Shores Police Department, Florida • Pinecrest Police Department, Florida • Polk County Sheriff's Office, Florida • Riviera Beach Police Department, Florida • Sanford Police Department, Florida • Sanibel Island Police Department, Florida • Sarasota County Sheriff's Office, Florida • Sarasota Police Department, Florida • Seminole County Sheriff's Office, Florida • University of North Florida • Village of Tequesta Police Department, Florida NDI Recognition Systems 725 West S.R. 434 Suite E Longwood, FL 32750 Te1:866-458-0426 Fax:321-441-1801 Web: www.ndi-rs.com Email: sales~andi-rs.net NDI Recognition Systems 9700 Research Drive Suite 136 Charlotte, NC 28262 Te1:866-458-0426 Fax:321-441-1801 Web: www.ndi-rs.com Email: sales@ndi-rs.net MEMORANDUM TO: Mayor and City Commissioners FROM: Kevin Rumell; Fleet Maintenance Superintendent Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: December 15, 2010 SUBJECT: AGENDA ITEM 8.M.5 -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 PURCHASE AWARD/SOUTHERN SEWER ITEM BEFORE COMMISSION Request to approve an award to Southern Sewer, in the amount of $201,509.00 for the purchase of 2011 Vac Con Sewer Cleaning Body. BACKGROUND Southern Sewer to provide new Vac-Con Sewer Combination Cleaner Body from the Florida Sheriff's Contract No. 10-18-0907, Specification #80 with a base price of $139,728.00 and a final price of $201,509.00 including selected options (see attachment). Together with the purchase of a cab and chassis, the complete piece of equipment will replace vehicle #455 which has reached its maximum life expectancy, and is no longer cost effective to maintain. Replacement is specified in the approved Capital Improvement Program for FY 2011. FUNDING SOURCE Funding is available from account #501-3312-591-64.25, machinery/equipment/heavy equipment. RECOMMENDATION Staff recommends award to Southern Sewer for the purchase of 2011 Vac-Con Sewer Combination Cleaner Body for the total amount of $201,509.00. Rumell, Kevin Subject: FW: Revised Proposal for Vac-Con Sewer Cleaner Importance: High Scott, After having had our conversation regarding your desired options, and picking out some options that I want to include, here are the numbers that 1 came up with: International 7400 6x4 Cab and Chassis (base price} $84,880.00 Sewer Vac Chassis Package 4,097.00 Driver Controlled Differential Lock 1,182.00 Tilt Steering Column 125.00 60 Month Warranty-Cab & Chassis 7,030A0 60 Month Warranty- Diesel Engine & Injectors 2,850.00 Florida Waste Tire Fee 10.00 Florida Waste Battery Fee 3.00 Cab and Chassis Total $100,177.00 Vac-con Sewer Cleaner Body (base price) $139,728A0 Upgrade to 1,300 Gal. Water Capacity 4,231.00 Upgrade to 25' Baom Reach 7,034.00 Articulating Hose Reel 10,878.00 Variable Flow Valve 966.00 824-PD Blower 12,555.00 Lighting Package 4,116.00 Municipal Package 9,926A0 Remote Grease Zerk package 4,673.00 Cane Holder 100.00 Water/Debris Tank Interconnect 1,724.00 Dual Engine Configuration 8,415.00 Delete Rear Tow Hooks <279.00> Delete Body Load Alarm <541.00> Downgrade to 600'x1" Hose .-.w. <2,017.00> Sewer Body Total $201,509.00 $100,177.00 201, 509.00 Total Cast $301,686.00 If this information looks correct to you, I'll work with .iulie or Bob Diaz to get this on the Commission Agenda. Thanks, Kevin G. Rumell Fleet Maintenance Superintendent Clty of Delray Beach Office (561) 243-7333 SOUTHERN SEWER EQU[PMENT SALES 3409 Industrial 27th St. • Ft. Pierce, FL 34946 (772) 595-9171 FAX • ~-840-782-4134 • X772} 59~-694 "A Certified MBE Woman Owned Business" Mr, SCOtt SOloI11oI1 December 22, 2010 City of Delray Beach 434 Soutll Swinton Ave Deil•ay Beach, FL 33444 Via email: Solotnon@ci.delt•ay-beach,fl.us Dear Mr. Solomon, Southern Server Equipment Sales is pleased to announce the opportunity for the City of Delray Beach to purchase a new Vac-Cola Server Combinatiol Cleaner Body from the Florida Sheriff's Contract No. 10-18-0907, Specification #$0. The base Vac-Con modal on Specifcation #80 includes the following items; New Vac-Con Sewer Combination Cleaner Model V311HNl1000 11 Yard Debris Tank $0 GPM @ 25001?SI Water System (Hyrlrostrrtrcally Powered by Chassis Engine) 3 Stage Centrifilgal Compressor 1000 Gallon Fresh Water Capacity Hydraulic Real• Door Locks Front Mounted Fixed Boom Front Mounted Fixed Hose Reel 400' of Sewer Hose 20' Alummllm TLIbeS wlll1 QU1ek C1a111p5 Sanitary Nozzle, Penetrator Nozzle Base Bid Price: $139,728.00 Optional Ectrrrprrrerrt: Doivrtg~~ade to G00' x 1"Hose Reel Capacity ($'2,017.00) Upgrade to 1300 Gallon Water Capacity $4,231.00 Upgrade to 25' Total Boom Reach $7,034A0 Articulating Hose Reel (includes Hose Footage Counter) 500' x l" Capacity $10,878.00 Variable Flow Valve (1nchldes 2 Additional Nozzles) $966.00 $24 PD Blower -Driven Hy~lrostrrtically $12,SSSAO Lighting Package: Booln Mounted Flood Lights, Front & Rear Moulrted Strobe $4,116.00 Lights with Limb Guards, LED Arrowboal•d & Hand Held Spot Light Municipal Performance Package: Storage Bax Behind Cab, Debris Body Flush $9,926.00 Out System 6 Jets, 50' Capacity Hand Giui Hose Reel, Additional 100' Sewer Hose, Lo«~ Water Alarm with Light,13e~#~l~ad-Li~~i~Alar~I~, 2'/z" Water Drain Gate Valve, 6" Knife Valve in lieu of 5" Bukkerfly Vah~e, Folditlg Pipe Rack, Additions[ LO' Alnlnintlin Tubes,-R-ear~4©~~r3ted-T-t~rr+~l~osk~ Remote Grease Zerk Assembly Package; Boom, Debris Tank & Articulating Hose Reel Enhanced Safety Package: Back Up Camera, 5# Fire Bxtinguisl~er, Flare Kit 60 Month Blower Warranty Cone Holder Water/Debris Tank Interconnect Delete Rear Tow Hooks Delete Body Load Alarm Arklltioturl Folrli~t~ Pihe Rrrclr Fhrrrl Morlel After Options: vPD3611SHAN/1300 TOTAL PRICE FOR VAC-CON BODY: The City niay ~vish to add the following options: 160ec Hydrostatic Upgrade Dual Engine Configuration (Includes 160cc Upgrade) Cyclone Separator $4,673.00 NIC NfC $loo.a0 $1,724.00 -541, 00 N/C $193,094.00 $1,500.00 $8,415.00 $3,774.00 Vac-Con body to be installed on a suitable chassis supplied by the customer. See specification #49 for chassis options. Please have specifications approved by Vac-Con before ordering chassis. We appreciate tl~e opportunity to provide this equipment to the City of Delray Beach. Please feel free to contact Drew Denuion at (772) 216-4351, if you have any questions. Sincerely, l.~'~ ~~a ~ '~ Mike Wood General Manager IR A r _ f `~ ~ ~ , 1 1 !'~ ,y'Gt A4@2 t4bo~eC .f^"lorirlm FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION 10 CUBIC YARD COMBINATION SEWER CLEANING/VACUUMING MACHINE SPECIFICATION #80 2011 Aquatech B-10 2011 Vac-Con 11 Yard 2011 Vactor 2100 Series NOTE TO PURCHASERS: This is an INCOMPLETE UNIT. This is a bid award on a combination Sewer Cleaning/Vacuum Unit to be mounted on an appropriate sized cab & chassis truck. Agencies purchasing this unit will need to provide a cab & chassis truck of appropriate size, GVW, and, options necessary to have the selected combination Sewer Cleaner/Vacuuming Unit to be mounted on, or have the truck provider assist in ordering the correctly outfitted truck. Listed above you will find the model numbers of the units that will be included in the years contract. ALL ITEMS FACTORY INSTALLED UNLESS OTHERWISE INDICATED INSTRUCTIONS: Listed above, you will find the model numbers of the vehicles that will be included in this year's contract. 1. AIR/VACUUM SYSTEM: a. Positive displacement vacuum pump or centrifugal compressor b. 3500 CFM @ 14.5 inches of mercury, minimum c. Muffler d. Vacuum relief valves e. Centrifugal separator with clean out f. PTO or hydrostatic drive 2. DEBRIS TANK: a. 10 cu. yard capacity b. 45 degree hydraulic dump c. Top hinged d. Hydraulic door locks e. Sight glass or indicator £ Drain valve with hose g. Check ball system or vacuum breaker 3. BOOM ASSEMBLY: a. 270 degree hydraulic rotation b. Hydraulic up/down c. Clean out port Bid Award Announcement (10-18-0907) 1716 d. Transport cradle e. 8" boom hose £ Pendant control 4. WATER PUMP: a. 2500 PSI, 80 GPM b. Pressure relief valve c. Wash down gun with relief valve 5. WATER TANK: a. 1000 gallon capacity b. Curb side fill c. Level indicators 6. HOSE REEL: a. 800' of 1" hose capacity b. 400' of 1", 2500 PSI hose supplied c. Power in/out d. Reel speed control system e. Position lock system f. Engine and hose reel controls g. Level wind 7. DRIVE SYSTEM: a. Hydrostatic, split PTO, or auxiliary engine 8. MISCELLANEOUS: a. Nozzles 15 degree and 30 degree for jet b. Wash down gun c. 8" intake tube 20' minimum d. Flexible hose guide e. Hose storage rack 9. CONDITIONS In addition to equipment specified, vehicle shall be equipped with all standard equipment as specified by the manufacturer for this model and shall comply with all EPA Emission Standards and all Motor Vehicle Safety Standards as established by the U. S. Department of Transportation regarding the manufacture of motor vehicles. The successful bidder shall be responsible for delivering vehicles that are properly serviced, clean and in first class operating condition. Pre-delivery service, at a minimum, shall include the following: a. Complete lubrication. b. Check all fluid levels to assure proper fill. c. Adjustment of engine to proper operating condition. d. Inflate tires to proper pressure. e. Check to assure proper operation of all accessories, gauges, lights, and mechanical features. £ Focusing of headlights. g. Cleaning of vehicles, if necessary, and removal of all unnecessary tags, stickers, papers, etc. DO NOT remove window price sticker or supplied line sheet. Bid Award Announcement (10-18-0907) 1717 IR A r _ f `~ ~ ~ , 1 1 !'~ ,y'Gt A4@2 t4bo~eC .f^"lorirlm FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION 10 CUBIC YARD COMBINATION SEWER CLEANING/VACUUMING MACHINE SPECIFICATION #80 2011 Aquatech B-10 The Aquatech B-10 purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: ~~ Western ~~ Northern ~ Central ~~ Southern BASE PRICE: $139,281.00 $139,281.00 $139,281.00 $139,281.00 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Bid Award Announcement (10-18-0907) 1718 VEHICLE: DEALER: ZONE: BASE PRICE: Order Code B-6 1 CB-10 1 CB-15 1 624 1 Order Code B-15 1 B-52 1 Hidump 1 Remote 1 000368 1 Autolube 1 SToolKit 1 JetCam 1 B-10 Pat's Pump & Blower, LLC "~ Western $139,281.00 Delete Options Downgrade to smaller unit -specify B-6Body-Standard Unit 1 Downgrade to smaller unit -specify CB-ZOBodyStandard Unit 1 Downgrade to smaller unit -specify CB-I S Body Standard Unit 1 Delete option -specify B-10 Pat's Pump & Blower, LLC "'~ Northern $139,281.00 Delete option -specify Provide 624 Blower in Lieue of 824 Blower 1 Delete option -specify Delete option -specify Delete option -specify Add Options Upgrade to larger unit -specify B-1 S Body Standard Unit 1 Upgrade to larger unit -specify B-52 Body Standard Unit 1 Upgrade to larger unit -specify Articulating hose reel Hi-dump Wireless remote Variable flow water system Hydraulic pump-off system 180 gpm 1 Positive displacement blowers Optional equipment - s~ecify GroenveldAutolube System Optional equipment -specify Secialty Tool Kit 1 Optional equipment -specify UFMSI Jet Cam System 1 Optional equipment -specify Back-Up Camera System 1 Optional equipment -specify Annual Full Maintenace Contract per Year 1 B-10 Pat's Pump & Blower, LLC "~ Central $139,281.00 B-10 Pat's Pump & Blower, LLC ~' Southern $139,281.00 All Zones $6,000.001 $8,100.001 $4,100.001 $3,500.001 NA NA NA All Zones $27,600.001 $24,610.001 NA Std $29,000.001 $3,316.001 $5,308.00 $4,376.001 Std $6,200.001 $4,500.001 $24,990.001 $2,600.001 $10,000.001 Bid Award Announcement (10-18-0907) 1719 VEHICLE: DEALER: ZONE: BASE PRICE: 3811546 1 B23B 1 B25B 1 NPN 1 NPN 1 GEN25 1 Discount 1 B-10 B-10 B-10 B-10 Pat's Pump & Blower, Pat's Pump & Blower, Pat's Pump & Blower, Pat's Pump & Blower, LLC LLC LLC LLC "'~ Western "'~ Northern "'~ Central ~' Southern $139,281.00 $139,281.00 $139,281.00 $139,281.00 Optional equipment -specify Soil Surgeon Optional equipment -specify 23 Foot Extendable Boom 1 Optional equipment -specify 25 Foot Extendable Boom 1 Optional equipment -specify BIO/1300 Tank-Addirional 300 gallons inside front of debris tank 1 Optional equipment -specify BIO/1500 Tank-Additonal 500 gallons inside front of debris tank 1 Optional equipment -specify 2500 Watt Generator 1 New state tag (specify state, county, city, sheriff, etc.) Transfer existing registration (must provide tag number) Temporary tag Warranty -specify Annual Cost per Year beyond Mfg Standard Warranty (Limited) 1 Warranty -specify Discount percentage off manufacturer's current published retail prices for non-specified options and any optional models bid. (The discount is applied to the manufacturer's current published retail prices.) $4,249.001 $3,032.001 $5,329.001 $8,500.001 $13,500.001 $4,500.001 NA NA NA $5,600.001 NA $1.501 Bid Award Announcement (10-18-0907) 1720 IR A r _ f `~ ~ ~ , 1 1 !'~ ,y'Gt A4@2 t4bo~eC .f^"lorirlm FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION 10 CUBIC YARD COMBINATION SEWER CLEANING/VACUUMING MACHINE SPECIFICATION #80 2011 Vac-Con 11 Yard The Vac-Con 11 Yard purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western BASE PRICE: $139,728.00 Northern $13 9,728.00 Central $13 9,728.00 Southern $13 9,728.00 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Bid Award Announcement (10-18-0907) 1721 VEHICLE: DEALER: ZONE: BASE PRICE: 11 Yard Southern Sewer Equipment Sales Western $139,728.00 11 Yard Southern Sewer Equipment Sales Northern $13 9,728.00 11 Yard Southern Sewer Equipment Sales Central $13 9,728.00 11 Yard Southern Sewer Equipment Sales Southern $13 9,728.00 Order Code Delete Options All Zones Downgrade to smaller unit -specify ($6,230.00)1 Model V390HN/1000, 9 Yard Debris Tank To Be Mounted On Single RearAxle Chassis 1 Downgrade to smaller unit -specify ($2,017.00)1 ......600'x1"Hose Reel Capacity 1 Downgrade to smaller unit -specify ($2,059.00)1 60 GPM @ 2, 000 PSI (FMC Water Pump) 1 Delete option -specify NC1 FMC Water Pump in lieu of Giant Water Pump 1 'Delete option -specify NC1 S0 GPM @ 3, 000 PSI Water System with 400' x 3/4"Hose 1 Delete option -specify NA 'Delete option -specify NA Delete option -specify NA Order Code Add Options All Zones 'Upgrade to larger unit -specify $4,231.001 Model V311HN/1300, Upgrade to 1300 Gallon Water Capacity (Replaces side mounted tool boxes with Behind the Cab Toolbox) 1 Upgrade to larger unit -specify $4,231.001 Model V312HN/1000, Upgrade to 12 Yard Debris Tank 1 Upgrade to larger unit -specify $7,034.001 Model V311 SHN/1000, Upgrade to 6' Telescoping Boom with Pendant Control Station (Tube in Tube), Replaces Fixed Boom Assembly 1 Articulating hose reel $10,878.001 Includes Hose Footage Counter 1 Hi-dump $15,955.00 Wireless remote $3,582.00 Variable flow water system $966.001 Includes 2 Addirional Nozzles 1 Hydraulic pump-off system $9,810.001 450 GPM, Mounted on Rear Door 1 Positive displacement blowers $12,555.001 824 PD Blower Driven Hydrostatically, No PTO's or Transfer Cases to Engage 1 Optional equipment -specify $8,415.001 Dual Engine Configuration, Includes 160cc Hydrostatic Pump Upgrade 1 Optional equipment -specify $4,116.001 Lighring Package: Boom Mounted Flood Lights, Front & Rear Mounted Strobe Lights with Limb Guards, LED Arrowboard & Hand Held Spot Light 1 Bid Award Announcement (10-18-0907) 1722 VEHICLE: DEALER: ZONE: BASE PRICE: Discount 1 11 Yard Southern Sewer Equipment Sales Western $139,728.00 11 Yard Southern Sewer Equipment Sales Northern $13 9,728.00 11 Yard Southern Sewer Equipment Sales Central $13 9,728.00 11 Yard Southern Sewer Equipment Sales Southern $13 9,728.00 Optional equipment -specify Municipal Performance Package: Storage Box Behind Cab, Body Flush System, 50' Capacity Hand Gun Hose Reel, Add'l 100' Sewer Hose, Low Water Alarm, Body LimitAlarm, 2.5"Water Drain Valve, 6"Knife Valve, Folding Pipe Rack, Add'l 10' Tubes, Rear Tow Hooks 1 Optional equipment -specify Hydro Excavation Package: 50' High Press Hand Gun Reel, High Press Unloader Valve & High Press Extendable (5) Excavator Nozzle with Quick Disconnect 1 Optional equipment -specify Omnibus Electronic Joysrick Controller with Color Monitor 1 Optional equipment -specify Remote Grease ZerkAssembly Package: Boom, Debris Tank & Arricularing Hose Reel 1 Optional equipment -specify 10' Telescopic Boom Assembly with Pendant Control Station (Tube in Tube), Replaces Fixed Boom Assembly 1 Optional equipment -specify 80GPM @ 3, OOOPSI Water System, Includes 500' x 1 "Sewer Hose (Requires Dual Engine Configurarion) 1 Optional equipment -specify Back Up Camera System with Monitor 1 Optional equipment -specify Centrifugal Compressor QuietPackage 1 Optional equipment -specify Cyclone Separator 1 New state tag (specify state, county, city, sheriff, etc.) Transfer existing registration (must provide tag number) Temporary tag Warranty -specify Vac-Con Body Extended Warranty (price is per year up to 5 year maximum total warranty) 1 Warranty -specify Discount percentage off manufacturer's current published retail prices for non-specified options and any optional models bid. (The discount is applied to the manufacturer's current published retail prices.) 5%Discount 1 $9,926.001 $4,568.001 $3,000.001 $4,673.001 $10,557.001 $3,695.001 $2,818.001 $2,814.001 $3,774.001 NA NA NA $4,000.001 NA $5.001 Bid Award Announcement (10-18-0907) 1723 IR A r _ f `~ ~ ~ , 1 1 !'~ ,y'Gt A4@2 t4bo~eC .f^"lorirlm FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION 10 CUBIC YARD COMBINATION SEWER CLEANING/VACUUMING MACHINE SPECIFICATION #80 2011 Vactor 2100 Series The Vactor 2100 Series purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western Northern Central Southern BASE PRICE: $148,406.00 $148,406.00 $148,406.00 $148,406.00 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Bid Award Announcement (10-18-0907) 1724 VEHICLE: 2100 Series 2100 Series 2100 Series 2100 Series DEALER: Environmental Products Environmental Products Environmental Products Environmental Products of Florida of Florida of Florida of Florida ZONE: Western Northern Central Southern BASE PRICE: $148,406.00 $148,406.00 $148,406.00 $148,406.00 Order Code Delete Options All Zones 2105-J4P 1 'Downgrade to smaller unit -specify $2,060.001 2100 Plus 5 Yard 1 2103 Combo 1 ,Downgrade to smaller unit -specify $20,101.001 2103 1 'Downgrade to smaller unit -specify Delete option -specify :..Delete option -specify Delete option -specify 'Delete option -specify Delete option -specify Order Code Add Options All Zones 2112-J4-Plus 1 'Upgrade to larger unit -specify $5,165.001 12 Yard Body 1 2115-J4-Plus 1 ,Upgrade to larger unit -specify $11,880.001 I S Yard Body 1 Upgrade to larger unit -specify 6020PB 1 Articulating hose reel $14,225.001 Rotating 1 2016P 1 ' Hi-dump Stdl 4011PB 1 ~ Wireless remote $2,730.001 T-300 1 Variable flow water system Std 1009P 1 Hydraulic pump-off system $9,605.001 Internal 1 2110P-16 1 'Positive displacement blowers $12,670.001 16" 824 1 3003PC 1 ,Optional equipment -specify $18,650.001 2 Stage Fan 1 1003P 1 i Optional equipment -specify $1,325.001 Debruis Body Flush Out 1 1008PA 1 Optional equipment -specify $1,000.001 6"Knife Valve on Rear Door @ 6 o'clock 1 1012P 1 'Optional equipment -specify $2,045.001 6"Knife Valve Rorward Decant 1 1023P 1 ,Optional equipment -specify $2,005.001 LubeManifold 1 Bid Award Announcement (10-18-0907) 1725 VEHICLE: DEALER: ZONE: BASE PRICE: 1O15P 1 SOlOP 1 5021P 1 5023P 1 8001P 1 4004 1 Module-Pump 1 0% Discount 1 2100 Series 2100 Series 2100 Series 2100 Series Environmental Products Environmental Products Environmental Products Environmental Products of Florida of Florida of Florida of Florida Western Northern Central Southern $148,406.00 $148,406.00 $148,406.00 $148,406.00 Optional equipment -specify Folding Pipe Racks, Price per rack 1 Optional equipment -specify Accumulator Optional equipment -specify HydroexcavationKit 1 Optional equipment -specify Fan Flush Out 1 Optional equipment -specify SplitArrow Traffic Controller 1 Optional equipment -specify 8' Telescoping Boom 1 New state tag (specify state, county, city, sheriff, etc.) Transfer existing registration (must provide tag number) Temporary tag Warranty -specify Year 1 1 Warranty -specify 2YR $2900 - 3 YR $6200 - 4 YR $9600 - 5 YR $12900 1 Discount percentage off manufacturer's current published retail prices for non-specified options and any optional models bid. (The discount is applied to the manufacturer's current published retail prices.) $920.001 $2,440.001 $3,035.001 $450.001 $1,240.001 $12,365.001 $150.00 $100.00 Std Stdl 1 1 Bid Award Announcement (10-18-0907) 1726 ,R _ r A ~1 1~ ,~ t A4@2 t4bo~eC .i^lorirlm FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION REGENERATIVE AIR STREET SWEEPER (Specification #811 Name of Dealership Type Vehicle Pat's Pump & Blower, LLC Pat's Pump & Blower, LLC Pat's Pump & Blower, LLC Pat's Pump & Blower, LLC Environmental Products of Florida Environmental Products of Florida Environmental Products of Florida Environmental Products of Florida 2011 Allianz Johnston RT655 2011 Allianz Johnston RT655 2011 Allianz Johnston RT655 2011 Allianz Johnston RT655 2011 Elgin Crosswind (J Plus) 2011 Elgin Crosswind (J Plus) 2011 Elgin Crosswind (J Plus) 2011 Elgin Crosswind (J Plus) Zone Western Northern Central Southern Western Northern Central Southern Base Unit Price $180,790.00 $180,790.00 $180,790.00 $180,790.00 $172,047.00 $172,047.00 $172,047.00 $172,047.00 Container Systems & Equipment Co., Inc. ' 2011 Schwarze A7000 'Western ' $179,847.00 Container Systems & Equipment Co., Inc. 2011 Schwarze A7000 ,Northern $179,847.00 Container Systems & Equipment Co., Inc. ' 2011 Schwarze A7000 'Central ' $179,847.00 Container Systems & Equipment Co., Inc. 2011 Schwarze A7000 ,Southern $179,847.00 Southern Sewer Equipment Sales 2011 Tymco 600 ~ Western $161,558.00 Southern Sewer Equipment Sales 2011 Tymco 600 ~ Northern $161,558.00 Southern Sewer Equipment Sales 2011 Tymco 600 * Central $161,558.00 Southern Sewer Equipment Sales 2011 Tymco 600 ~ Southern $161,558.00 Bid Award Announcement (10-18-0907) 1727 MEMORANDUM TO: Mayor and City Commissioners FROM: Kevin Rummell, Fleet Maintenance Superintendent Richard C. Hasko, P.E., Director of Environmental Services DATE: January 14, 2011 SUBJECT: AGENDA ITEM 8.M.6 -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 PURCHASE AWARD/ REICHTEN INTERNATIONAL TRUCKS, INC. ITEM BEFORE COMMISSION Request to approve an award to Rechtien International Trucks, Inc. in the amount of $100,177.00 for the purchase of cab and chassis for Vac-Con Sewer Cleaner. BACKGROUND Reichten International to provide specified cab and chassis as per Florida Sheriff's Contract #10-18- 0907, Specification #49. Cab and chassis will be replacing vehicle #455 which has reached its maximum life expectancy, and is no longer cost effective to maintain. This replacement is an item included in the FY 2011 Capital Improvement Plan. Total cost of the vehicle including selected options as itemized on the attached proposal summary is $100,177.00. FUNDING SOURCE Funding is available from 501-3312-591-64.25 (Garage Fund: Machinery/Equipment/ Heavy Equipment). RECOMMENDATION Staff recommends award to Reichten International Trucks, Inc. in the amount of $100,177.00 for the purchase of cab and chassis for Vac-Con Sewer Cleaner. ~ ~ I'I.C~RIDA Yf ~~~'. , '-~~b~ ~ ~:,~~~~ nt, . )~ ~~ -~4 C;OU\''I'II?S • 9 .? ~ ~~ p o a Aff About l~7oridrt FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF' COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION 52,000 LB. GVWR CAB & CHASSIS - 4X6 TANDEM AXLE TRUCK SPECIrICATION #49 24I l Inte~•nat~on~l Wo~•kstar Tlie International Workstar purchased through this contract comes with all the standard equipment as specified by the manufacturer for this fnodel and FSA's base vehicle specifleation(s} requiremefits which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western Nartltern Central Southern BASE PRICE; $84,880.40 $84,880.00 $84,880.00 $84,880.40 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Associatf t e a ap ed to identify and inelade those equipment items feast often requested by participating agencies for full size vehicles, we realize equipfnetit needs and preferences ere going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific addldelete options wlticlt allow the purchaser to tailor the vehicle to their partictflar wants or needs, Tl,:e following equipment delete and add options aftd their related cost arc provided her$ to assist you in approximating the total cast of the type vehicle(s) yoif wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approxiurate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all addldelete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other khan those listed here may be available through the dealers, however, tltase listed Itere must he honored by the dealers in your zone at the stated prices. B{d Award Announcement (10-Y 5-0907) Y ~ 14 V>JHICLE: Workstar Workstar Workstar Workstar DEALER: Navistar, Inc. Navistar, Inc. Navistar, Inc. Navistar, Inc. ZO1~E: Western Nortlrert3 Central Soutl3er[r BASE PRICK: $84,880.00 $84,880A0 $84,880A0 $84,880,D0 O[•[Icr Cole llclcte Options All Zoucs 7400 270' Engine/transmission -specify $9,550,00' 74D0 bl a CHASSIS li ITH 270 HP 8S0 TORQUF. ,11F DT Ei1'GLVE AND CHOICE OF 3000RDS OR 3500 RDS { 7400 285' Engineltransmission -specify $9,170.00 7400 bt ~! CHI{SSIS Il'ITH 285 HY 8SD TORQUF. ,4fP DT Eii'GI,VE AND CHOICE OF 3000 RDS OR 350D RDS ~ 7400 315 t Engine/transmission -specify $8,610.001 740D bd a CHASSIS 1['ITH 315 HP 950 TORQUE hfF9 E,1'GINE AND 3000 RDS [ 7500 350' Engineltransmission -specify $4,530.00' 7500 b,Y4 CHASSIS If ITH 35D HP 11 SO TORQUE A1F1 D EA'GI,4'E A,1`D 300D RDS ~ Order Cade Add Ol}tions All Zones 12BAU 1 Engine upgrade -specify $1,580.001 ,1IA.YFORCF. 13 410 HP a 1450 TORQUE { 12SAU' Engine upgrade -specify $1,763.00 ,1fAX!'ORCF,' 13 43D tfP r: 1550 TORQUE ~ 1213A W ' Engine upgrade -specify $2,420.001 ,SIAXFORCF.' 13 475 f(P a 1700 TORQUE REQUIRES 4500 ALLISON OR RT016908L L TRANS 1 Engine upgrade -specify NA Engine Upgrade -specify NA 13tH W ~ Transmission upgrada -specify $ l ,670.00 ~ RTO 14908LL 10 SPF,ED ~ 13GI1X 1 Translntsslon ltpgrade - specrfj= $1,870,00' RTO f6908LL f0 SPEED REQUIRES 430 HP I 13G1IS ' Transmission upgrade -specify $613.00 ~ FRD-I62IOC 10 SPEED REQUIRES 430 NY ~ Transmission upgrade -specifj' NA Transmission ltpgrade -specify NA ISDMV ~ Dual fuel tanks, or equivalent $944.001 DUAI.70G`1lLONNONPOLISHEDf1LU,1ilA'U,1f ~ Nitrogen felled tires inclnditlg spare fire NA 58x00 GVW' 58,000 Ib. GVWR package $5,570,001 !8000 FR0,1'T A.LLE, 40000 REAK A,YI.F., DOURL E FRA,IIE, 38S FRO,VT FLOAT TIRES { 64000 GVW' 64,DDD 113. GVWR package $l [,480.00' !8000 FROA'TAXLE, 46000 REAR ~t,1'LE, UpC1111.E FRA,11E, 3S5 FRONT FLOAT TIRES { 60000 GVW ' GV WR upgrade -specify $&,177,00[ b000D G {'{f' b0000 G {'H' 200D0 FA, 4000D RA, DOUBLE FRAA11 < 125 FLDAT FRONT TIRES, FENDER EkTENSIDNS t 66000 GVW' GVWR upgrade -specify $11,910.00' SGDOD G [~{$'20DOD F~f, 46DD0 RA, UOUBLE FRAdfE, 43 S FLOAT FRDA'T TIRES, FENDER E.l'TENSIDII`S ~ GVWR upgrade -specify NA Bid Award Announcement (YO'Y8-0907) .i~.IS VEI1ICi,13: Workstar Workstar Workstar Workstar ll1rAL1CR.• Navistar, lnc. Navistar, Inc. Navistar, Inc. Navistar, lnc. ZONE, Western Nortlieru Cealtral Southern BASE PRICE: $84,880.00 $84,880.00 $84,880,00 $84,880.00 GV WR upgrade -specify NA GVWR upgrade -specify NA l 3AMT ~ Allison 4000RDS Auto Transmission to include synthetic oil, TES 295 or approved equivalent $14,645.00 I3AMN f Allison 4500RDS Auto Transmission to include syntletic oil, TES 295 or approved equivalent $16,445.OOt 1G13P ~ Double France: fifll steel insert $1,'100A0f C CHAAriVEL DOUBLE FRA,tfE ~ 2ARV ~ Front Axle: 14,000 Ib rating to include equal capacity steering gear and spriflgs $762.00 ~ USES RASE TIRES t Front Axle: 14,600 Ib rating to include equal capacity steering gear af~d springs NA 2ARU ~ Front Axle: L6,000 Ib rating to include equal capacity steerin~ gear afld springs ' " ' ' ' 54,803,001 CL UDED RlllS IYITH DOUBLE FR~fA4E Ih 3IS 1~ LOA7 TIRES Ah D 9 Jh 2ARZ ~ Front Axle: f 8,000 ib rating to include equal capacity steeri~lg gear a~ld springs $5,594.flOf 385 FLOAT TIRES A,1'D 12.25 RI,tfS N'fTlf DOUIIL E FRAME LVCLUDED f 2ARY ~ Front Axle: 20,000 Ib. rating to include equal capacity steerin~ gear and springs ' ' ' 56,544,00 425 FLOAT TIRESAh D 12.25 RLt1S N ITH DOURI,1: f RAAIF. LVCL UDED 14HR13 ~ Rear Axle: 46,000 lb Arvin Mentor, .Caton, Mack, or equivalent $3,233.001 RT46-164EH ~ l4WLM-2 ~ Rigid Lift Axle: Pusher f Tag 13,200 lb rating air lift; to include 11R-22.5 tires with steel \vlieels $6,800.00 f 4Jf'LAi N'ITH 2 TIRES AA'D RI,41S 132QD RATING ~ 141VMA ~ Steerable Lift Axle: Pusher /Tag ] 3,200 lb rating air lift tv include 1 1 R-22.5 sires with steel $9,794,00 wheels STEERABLE N'ITH:~ R1A15AND TIRES f 14WLM ~ Rigid LiR Axle: Pusher /Tag 20,000 lb rating air lift to include 11R-22,5 tires \vith steel wheels $8,410,001 4 TIRESAND RIAfS hVCLUDED f 14 WME ~ Steerable Lilt Axle: Posher /Tag 20,000 lb rating air lift to include 1 1 R-22.5 tires with steel $14,100.[10 wheels 4 TIRES A11'D RIMS IA'CLUDED f 14ULU ~ ftear Suspension: 40,000 lb air ride $L,600,OOf HAS-402-55 INCLUDES DASH AfOU,VTED DUMP SN'ITCff ~ 14ULY ~ Rear Suspension: 16,000 Ib Chalmers, Hendrickson, Mack, Volvo "T" ride or equivalent $9,570.00 HAI,Y 46(}-54 I 14ULT ~ Rear Suspensiofl: 16,000 Ib air ride $1,72p.00t HAS-460-55 lh'CLUDES DASH AfOUTED DUMP 5N'ITCH ~ [2 I7UlV[P ~ l2 yd. dufmp body with hoist afld electric tarp system. State model bid. $16,680,00 REQUIRES DOUBLE FRA.1fE, HOTSHIFT PTD, AIR TAILGATE, ELECTRIC TARP f 18 DUMP ~ I S yd. dump body will hoist acrd electric tarp system. State model bid. $17,588.00 REQUIRES h6000 Gl'N; L1'CLUDESHOTSHfF7'PTD, AIR TAfLGATE ELECTRIC TARP, f ROLLOFF ~ Rolloff Hoist system and tarp systefm. State rnodel bid. $38,890.00 GA1.f3RIiATH US-OR-174 CABLE HOIST OR EQUAL, INCLUDES TARP SFSTF,hI, 4Y hV TOOL BD~'AND STEEL FE~i'DERS. BASE SPEL.' Ii'1TH I861h' CT ~ Bid Award Announcement (10-18-0807) 1216 V~HICI,I: 1~orkstar IVorkstar ~'Jorkstar 1~Vorkstar 171JAI,BR: Navistar, Inc. Navistar, Inc. Navistar, Inc. Navistar, Inc. ZONIJ: tiVestent Northern Celttral Southern BAS>/ PRICIJ: $84,884.00 $84,880AD $84,880AD $84,SSD.00 Cab stlspeusion -air ride 14CWC' Driver controlled differential lock 40000# DRII'ER CONTROLLED 1 TANK 4400' Optional mounted body -specify Oilnreu's or eq,ra14400 Gal, Pelralent Prodt,cls Tnuk Irultules ; 3 can,parln,e„Is. Brlgh! polished a4urri~riuu Pnrrk, pump, lighling, AddiPionnl oplia:s m~nilnbfe. 1 SI;1~lER VAC Optional mounted body -specify CIIASStS' 7400Gh%1, 60000GYd}; 3ISHP, 3000RDS, ISl CT, AIR DRIER, BASE SE}}'ER d'ACREQUIRE,tfEA'TS. THIS{1'fLL ,t14UR'Tdd'ITH3IOST10-11 }`.1RDSEN'ER {'ACSLISTEDINSPECSO { 33YD T2fl00 Optional mounted body -specify H II RES' CABBIE 33 } ~I RD AUTORIATED E.tPERT 7'1000 HELPING HAND RESIDENTIAF. RH SfDF, LOADER !A'CL RH STA,1'DUP DRII'F., SS000 Gd'1d'PKG, ALLISON' 4500RDS LIGHTS AND DUAL CA,tIERA S}STE,4i, t 33YD T2000 Optional mocnited body -specify IIII CO-MIN' LABRIF. 33 f:1RD AUTO,IfATF.D F,hPERT T1000 fIF,I,PIIVG HAND CO-R16VGLED RN SIDE LOADER !A'CL RH STA,VDUPDRt{'E, 5S000G{'d{'PKG, ALLISON4500RDSLIGHTSANDDUAL CA,41EILt S}STERl. ~ H~II.27 YD' Optional lttoulttedbody -specify HELL 27 } p REAR LOADER INCL 7400 6.1`4 2SS HP, 3500RDS, SOOODG {'H' N'ITH 3 f5 20 PLYTROeVT TIRES,167 CT DIRIENSION, AUFO NEUTRAL AA'D BOD}' BUILDER {91RI,1'G.ADD THIS TO BASE PRICE. t AMTHOR Optional mounted booty -specify 400fl ~ A,lfTffOR 4000 GAf.I,O,V CARBO,V STF. EI, d{ ~1TER TA,1'K H' 2 REAR SPRAY HEADS AA'D PTO PU,tIP FOR RIANUAL TRANS G4'CL UDES 55000 G {'f4' PACKAGE UPGRADE. ~ I'ACMAC22D' Optional mounted body -specify PAC-hfAC KB22O I.OADF.R d6'1Tf! TKB2440 40 }:tRD BOD}' IA'Cf. DOUBLE FRA,4IE. 1 Optional ntouuted body -specify Optional mounted body -specify Optional ntaunted body -specify lGl'JW' Optional equipment-specify 2 ,5IA,1' PASSENGER SEAT L L.O. SINGLE FI,I'ED ~ 16XVVD ~ Optional equipment -specify FIBERGLASS SUiVSHADE O{'ER {t?A'DSHIELD PAIA'rED L'AB COLON ~ GWJU' Optional ecluip~ttent -specify 5708 ~ Poi{'ER }vlvDO{a's AND vaoR LocKS t Optional equipltteltt -specify TILTSTEERfA'G C'OLUR1,1' ~ 7SDA' Optional equipltteltt -specify JACOBS E,1'Glh'E CO,YfPRESSIOA' BRt1KE ~ TRI. PKCf ' Optional egElipltteltt -specify AIR LLVE AA'D ELECTRIC HOOKUP FOR TRAILER ,1'OT I,VC'L HITCH ~ 8MKX ~ Optional equipment -specify 277SCCABATTF.RYS}STEAfI,L.O. ISSOCCAINBASE ~ BWPII, BTICI3' Optional equip~ttent -specify I,. E. D. AfARKF.R AND TAIL LIGHTS 0;ti' CHASSIS 3 Sid Award Announcement (Y 0-Y 8-0907) ~., Incl. $94,500.00 } $4,om.DO' $173,18G.Ofl' $I 95,353.Dfl' $71,482.00° $43,885.00' $7G,942,00' NA NA NA $275.00' $203.00 ~ $3G7.ao' ~~° ~~. 5125.00' $2,158.00' $1,2DO.DO' $ ] 79.06' $2G l .fl0' 1I17 V)CHICLE: Workstar Workstar W©rkstar 1Vorkstar D>JAL>JR: Navistar, Inc. Navistar, l~~c. Navistar, lnc. Navistar, lnc. ZON>/; Western Northern Central Southern BAST; PRICD: $81,580.00 $8~1,880.Ofl $8~1,880A0 $84,880.00 BRKH ~ Optiana[ equipment -specify $15fl.00t CD RADID UPGRADE ~ I SSET ~ Optional equipcnant -specify $182.00 ~ fODGAf.f.O~j'.1C.Ut11,\'U,4fFUEI.TArI'KI.L.0.7DG,~LLOeVIh'BASE ~ 15LKW ~ Optional equipment -specify $529.OOt DATrCO 382 FUEL 36`ATER SEPERATOR ~ 27DMC ~ Optional equipment -specify $524,fl0 ~ ALU,l11NU.if8.25,~'22.SFRDNI'RIA1S ~ 27DHJ ~ Optional equipme~}t -specify $938.00} ALUAffNU,if12.25X22.SFRDh'TRfAfS ~ SPARE ~ Optional equipment -specify 5650.00 11 R 22.5 TIRE AND STEEL RLif SPARE ~ SPARE Optional equipment -specify $1,270.00 It LOAT ~ 425 22.5 TfRF. AND 12.25 Afbf SPARF. FOR FRD,1'T 20D00 AXI.F. ~ Temporary tag NA TER ~ Transfer existing registration (~r}ust provide tag numl7er) $75.00 NST ~ Ne«' state tag (specify state, cotmty, city, sheriff, etc.) $75A0~ 40AMD ~ Iarranty -specify $3,04fl.00t 3G,11DNTH ISODOD bf11,ES 13ASh' 19'~9RRAh'T}' t 40CPM ~ Garranty -specify SG,11fl.00~ 4S,ilONTlf 200DDD,hf1f,F.SBASf;' Fi:iRRAA'TY ~ -- 40CPN ~ Warrai}ty -specify $7,03fl.00 6D ,tfONTH 2O0DOD .1f1LES BASE Y1'ARIDiNTY ~ 40CHY i Dieset ~Varrauty -specify $1,70fl.00 ~ 36 AfONTH 3DODDD ~Ifll.ES F.A'GLI'E Ih'Cf, lh'1ECTORSA~i'D TUR80 ~ _„,.-.-..••,~-._., 40CRX ~ Diesel Warranty -specify _,~` .1 $2,850.OOt ~,..1 6D dfONTlf 250DD0 ,YfILES ER'GIA'E LYCL IA'JF.CTORS A,1'D TURBO } _.a_,,._.._..--~=' Diesel Warranty -specify NA Bid Award Anrzaurtcement (1p-IS-09D7) IIIB Rumell, Kevin Subject: FW: Revised Proposal for Vac-Con Sewer Cleaner Importance: High Scott, After having had our conversation regarding your desired options, and picking out some options that I want to include, here are the numbers that 1 came up with: International 7400 6x4 Cab and Chassis (base price} $84,880.00 Sewer Vac Chassis Package 4,097.00 Driver Controlled Differential Lock 1,182.00 Tilt Steering Column 125.00 60 Month Warranty-Cab & Chassis 7,030A0 60 Month Warranty- Diesel Engine & Injectors 2,850.00 Florida Waste Tire Fee 10.00 Florida Waste Battery Fee 3.00 Cab and Chassis Total $100,177.00 Vac-con Sewer Cleaner Body (base price) $139,728A0 Upgrade to 1,300 Gal. Water Capacity 4,231.00 Upgrade to 25' Baom Reach 7,034.00 Articulating Hose Reel 10,878.00 Variable Flow Valve 966.00 824-PD Blower 12,555.00 Lighting Package 4,116.00 Municipal Package 9,926A0 Remote Grease Zerk package 4,673.00 Cane Holder 100.00 Water/Debris Tank Interconnect 1,724.00 Dual Engine Configuration 8,415.00 Delete Rear Tow Hooks <279.00> Delete Body Load Alarm <541.00> Downgrade to 600'x1" Hose .-.w. <2,017.00> Sewer Body Total $201,509.00 $100,177.00 201, 509.00 Total Cast $301,686.00 If this information looks correct to you, I'll work with .iulie or Bob Diaz to get this on the Commission Agenda. Thanks, Kevin G. Rumell Fleet Maintenance Superintendent Clty of Delray Beach Office (561) 243-7333 SOUTHERN SEWER EQU[PMENT SALES 3409 Industrial 27th St. • Ft. Pierce, FL 34946 (772) 595-9171 FAX • ~-840-782-4134 • X772} 59~-694 "A Certified MBE Woman Owned Business" Mr, SCOtt SOloI11oI1 December 22, 2010 City of Delray Beach 434 Soutll Swinton Ave Deil•ay Beach, FL 33444 Via email: Solotnon@ci.delt•ay-beach,fl.us Dear Mr. Solomon, Southern Server Equipment Sales is pleased to announce the opportunity for the City of Delray Beach to purchase a new Vac-Cola Server Combinatiol Cleaner Body from the Florida Sheriff's Contract No. 10-18-0907, Specification #$0. The base Vac-Con modal on Specifcation #80 includes the following items; New Vac-Con Sewer Combination Cleaner Model V311HNl1000 11 Yard Debris Tank $0 GPM @ 25001?SI Water System (Hyrlrostrrtrcally Powered by Chassis Engine) 3 Stage Centrifilgal Compressor 1000 Gallon Fresh Water Capacity Hydraulic Real• Door Locks Front Mounted Fixed Boom Front Mounted Fixed Hose Reel 400' of Sewer Hose 20' Alummllm TLIbeS wlll1 QU1ek C1a111p5 Sanitary Nozzle, Penetrator Nozzle Base Bid Price: $139,728.00 Optional Ectrrrprrrerrt: Doivrtg~~ade to G00' x 1"Hose Reel Capacity ($'2,017.00) Upgrade to 1300 Gallon Water Capacity $4,231.00 Upgrade to 25' Total Boom Reach $7,034A0 Articulating Hose Reel (includes Hose Footage Counter) 500' x l" Capacity $10,878.00 Variable Flow Valve (1nchldes 2 Additional Nozzles) $966.00 $24 PD Blower -Driven Hy~lrostrrtically $12,SSSAO Lighting Package: Booln Mounted Flood Lights, Front & Rear Moulrted Strobe $4,116.00 Lights with Limb Guards, LED Arrowboal•d & Hand Held Spot Light Municipal Performance Package: Storage Bax Behind Cab, Debris Body Flush $9,926.00 Out System 6 Jets, 50' Capacity Hand Giui Hose Reel, Additional 100' Sewer Hose, Lo«~ Water Alarm with Light,13e~#~l~ad-Li~~i~Alar~I~, 2'/z" Water Drain Gate Valve, 6" Knife Valve in lieu of 5" Bukkerfly Vah~e, Folditlg Pipe Rack, Additions[ LO' Alnlnintlin Tubes,-R-ear~4©~~r3ted-T-t~rr+~l~osk~ Remote Grease Zerk Assembly Package; Boom, Debris Tank & Articulating Hose Reel Enhanced Safety Package: Back Up Camera, 5# Fire Bxtinguisl~er, Flare Kit 60 Month Blower Warranty Cone Holder Water/Debris Tank Interconnect Delete Rear Tow Hooks Delete Body Load Alarm Arklltioturl Folrli~t~ Pihe Rrrclr Fhrrrl Morlel After Options: vPD3611SHAN/1300 TOTAL PRICE FOR VAC-CON BODY: The City niay ~vish to add the following options: 160ec Hydrostatic Upgrade Dual Engine Configuration (Includes 160cc Upgrade) Cyclone Separator $4,673.00 NIC NfC $loo.a0 $1,724.00 -541, 00 N/C $193,094.00 $1,500.00 $8,415.00 $3,774.00 Vac-Con body to be installed on a suitable chassis supplied by the customer. See specification #49 for chassis options. Please have specifications approved by Vac-Con before ordering chassis. We appreciate tl~e opportunity to provide this equipment to the City of Delray Beach. Please feel free to contact Drew Denuion at (772) 216-4351, if you have any questions. Sincerely, l.~'~ ~~a ~ '~ Mike Wood General Manager MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: January 12, 2011 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 WAIVER REQUEST/ BANDERA HOLDINGS OFFICE ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a waiver from the following Land Development Regulation associated with the Class V site plan for the Bandera Holdings Office project: 1. LDR [Land Development Regulation] Section 4.3.4(H)(6)(b)(2), which requires a special landscape setback of 10 feet along Federal Highway. BACKGROUND At its meeting of December $, 2010, the Site Plan Review and Appearance Board (SPRAB) approved the site plan for the new 2,656 square foot office building. SPRAB considered and recommended approval of the waiver to the 10-foot special landscape setback to allow a portion of the building foundation sidewalk to encroach into this area. WAIVER ANALYSIS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Special Landscape Setback: Per LDR Section 4.3.4(H)(6)(b)(2), along Federal Highway, including the one-way pairs (5th and 6th Avenues), extending from S.E. 10th Street to the north City limits, but excluding the blocks between S.E. 1St Street and N.E. 1St Street, a 10 foot (10') special landscape area shall be provided on both side of the ultimate right-of-way. The special landscape area shall not be required between the front building edge and the ultimate right-of-way where storefronts face the roadway and no parking or vehicular circulation areas are provided between the building and the right-of-way. The majority of the property provides the required special landscape setback. However, the sidewalk and retaining wall north of the northeast corner of the building encroaches into the required landscape area. The applicant has submitted the following verbatim narrative in support of the waiver: `... We are requesting a waiver from the LDR's to accommodate a low retaining wall and concrete walkway for pedestrian access to the site from the existing concrete sidewalk along Federal Highway. (Note: that the existing grade difference of approximately 24 ", requires the retaining wall)... " Waiver Analysis: A waiver to allow this minor encroachment for a sidewalk does not adversely affect the neighboring area, diminish the provision of public facilities or create an unsafe situation. In fact, this waiver would not be necessary if the building extended to the north since the area between the building and the right-of-way may be paved. Accordingly, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. RECOMMENDATION By motion approve the waiver to LDR Section 4.3.4(H)(6)(b)(2), which requires a special landscape setback of 10' along Federal Highway, based on positive findings under LDR Section 2.4.7(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST ASSOCIATED WITH A CLASS V SITE PLAN FOR BANDERA HOLDINGS OFFICE 1. This waiver request to allow a sidewalk encroachment into the special landscape setback along Federal Highway came before the City Commission on January 18, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to allow a sidewalk to encroach into the special landscape setback along Federal Highway. 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(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to Allow a Sidewalk Encroachment into the Special Landscape Setback: Per LDR Section 4.3.4(H)(6)(b)(2), along Federal Highway, including the one- way pairs (5t" and 6t" Avenues), extending from SE 10t" Street to the north City limits, but excluding the blocks between SE 1St Street and NE 1St Street, a 10 foot (10') special landscape area shall be provided on both sides of the ultimate right-of-way. The special landscape area shall not be required between the front building edge and the ultimate right-of-way where storefronts face the roadway and no parking or vehicular circulation areas are provided between the building and the right-of-way. The majority of the property provides the required special landscape setback. However, the sidewalk and retaining wall north of the northeast corner of the building encroaches into the required landscape area. The applicant has submitted the following verbatim narrative in support of the waiver: " We are requesting a waiver from the LDR's to accommodate a low retaining wall and concrete walkway for pedestrian access to the site from the existing concrete sidewalk along Federal Highway. (Note: that the existing grade difference of approximately 24'; requires the retaining wall)..." Does the waiver request meet all of the requirements of 2.4.7(6)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request to LDR Section 4.3.4(H)(6)(b)(2). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 18th day of January, 2011, by a vote of in favor and opposed. ATTEST: Nelson S. McDuffie, Mayor Chevelle Nubin, City Clerk 2 SITE PLAN RETIE A APP ARANCE AR CITY ®F DELRAY BEACH ---STAFF REP®RT~-® MEETING ®ATE; December 8, 2010 AGEN®A ITEM; ~.A. ITEM; Bandera Holdings Office -- Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Associated With The Construction Of A 2,656 Square Foot Office Building At the Southwest Corner of Federal Highway and NE 22~d Lane. GENERAL DATA; Agent ............................... Kupi & Eliopoulos Architects, P.A. OwnerlApplicant ................. Bandera Holdings Company, Inc. Location .................................. The subject property is located on the southwest corner of Federal Highway and NE 22~'d Lane. Properky Size .......................... 0.88 Acres Future Land Use Map ............. GC {General Commercial) Current Zoning ........................ •GC Adjacent Zoning......... North: GC South: GC East; GC West: R-1-A Single Family Residential} ~~ Existing Land Use ................... Vacant Proposed Land Use ............... Office Water Service ......................... Existing on site Sewer Service ........................ Existing on site l1.~-. > ITEM BEFORE THE BOARD The action before the Board is approval of a Class V Site Plan for the Bandera Holdings Office, pursuant to LDR Section 2.4.5(F)(5): O Site Plan; O Landscape Plan; ® Architectural Elevations; and O Waivers. The subject property is located at the southwest corner of Federal Highway and NE 22"d Lane. BAC`KGROU'ND The subject property consists of Lot 2 of the North Federal Highway replat, which was approved by the City Commission on November 15, 2005, and contains 0.88 acres. The property is vacant and undeveloped. The property contains no development history aside from the plat approval. The site plan request is now before the Board far action. PROJECT DE:SCRIPT`ION The development proposal consists of the following: - Construction of a 2,656 square foot office building; - Construction of 12 enclosed parking spaces; - Construction of 38 surface parking spaces; and - Installation of associated landscaping. The development proposal includes a waiver to the following section of the Land Develapment Regulations: 1. LDR Section 4.4.9(F)(2}(a), which requires a minimum setback of 5 feet and a maximum setback of 15 feet in the North Federal Highway Area. 2. LDR Section 4.4.9(H}{1 ), which requires a special landscape setback of 10' along Federal Highway. SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. SPRAB Staff Report Bandera Holdings Office - Class V Site Plan, Landscape Plan, & Building Elevation Page 2 LDR Section 4.3.4lK) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(x) and 4.4.9(F) as it pertains to the GC zone district: Stal~dard Provided ' Maximum Building Height - 48' 23.5' Minimum Building Setbacks Front (East) Min.5'Imax, 15' 34.5' Front (West} 10' 79' _ Side Street {North) 14' $5' Side (Interior)South 0' S' Open Space 25% 33.78% *The applicant has requested a waiver from the front setback requirement which will be addressed in the Waiver Analysis section of this report. LDR Chapter 4.6 Supplementary Distric# Regulations: Parking: Pursuant to Land Development Regulation (LDR) Section 4.6.9{C)(4)(a), business and professional offices are required to provide 4 spaces per 1,000 square feet of net floor area up to 3,000 square feet and then 3.5 spaces per 1,000 square feet of net floor area over the initial 3,000 square feet. Based on this the 2,656 net square foot office building is required to provide a minimum of 11 parking spaces. The proposed site plan complies with #his requirement since 50 parking spaces are provided within the surface and covered parking areas. Lighting: A photometric plan has been submitted that demonstrates compliance with LDR Section 4.6.8. The parking area will be illuminated with light poles and the pathways and building entrances will be illuminated with bollards and wall mounted light fixtures. ~~ SITE PLAN WAIVER ANALYSIS Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; {b) Shall not significantly diminish the provision of public facilities; (c} Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Special Landscape Setback; Per LDR Section 4.3.4(H}(6){b)(2), along 1=ederal Highway, including the one-way pairs {5~h and 6tn Avenues), extending from S.E. 10~h Street to the north City limits, but excluding the blocks between SPRAB Staff Report Bandera Holdings Office -- Class V Site Plan, Landscape Plan, & Building Elevation Page 3 S.E. 15t Street and N.E. 15t Street, a 10 foot (1 D') special landscape area shall be provided on both side of the ultimate right-of-way. The special landscape area shat[ not be required between the front building edge and the ultimate right-of-way where storefronts face the roadway and no parking or vehicular circulation areas are provided between the building and the right~ofi-way. The majority of the property provides the required special landscape setback. However, the sidewalk and retaining wall north of the northeast corner of the building encroaches into the required landscape area. The applicant has submitted the following verbatim narrative in support of the waiver: "...We are requesting a waiver from fhe LDR's to accommodate a low retaining wall and concrete walkway for pedestrian access to the site from the existing concrete sidewalk along Federal Highway. {Note: fhaf the exisfing grade difference of approximately 24'; requires fhe retaining wall)..." Waiver Analysis: A waiver to allow this minor encroachment for a sidewalk does not adversely affect the neighboring area, diminish the provision of public facilities or create an unsafe situation. In fact, this waiver would not be necessary if the building extended to the north since the area between the building and the right-of-way may be paved. Thus, the intent of allowing a neo-traditional development pattern is maintained with the proposed waiver. Accordingly, positive findings can be made with respect to LDR Section 2.4.7(6)(5), Waiver Findings. North Federal Highway Front Setback: Per LDR Section 4.4.9(F}(2)(a), the subject property shall have a minimum front binding setback of five feet (5') measured from the ultimate right-of-way line. The maximum setback shall be fifteen feet (15'), unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this standard. The front setback (Federal Highway} of the building ranges from 10 feet to 34.5 feet. The applicant has submitted the following verbatim narrative in support ofi the waiver: "... We are requesting a waiver from the LDR's to increase from the maximum setback of 15' Q.` to 27'- 6 3/4" the additional ~2'-6 3/4" is to create more of a visual frontage for north bound vehicles on Federal Highway..." Waiver Analysis: Given the design of the building, only a very small portion of the building frontage is provided at the 15-foot maximum setback. The intent of this requirement is to provide a new urbanism design approach in the North Federal Highway Area similar to the downtown commercial core area, which is focused on the pedestrian. Given the design of the building with the foindation sidewalk and partial setback compliance, it can be concluded that the intent of the North Federal Highway Area has been met. Further, a finding can be made the proposed relief will not diminish the provision of public facilities, create an unsafe situation, or grant a special privilege.. Based on the above, positive findings can be made with respect to LDR Section 2.4.7(6)(5), Waiver Findings. SPRAB Staff Report Bandera Holdings Office -- Class V Site Plan, Landscape Plan, & Building Elevation Page 4 Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need be addressed prior to issuance of a building permit. 'i . That the parking calculation table is revised to indicate the correct number of required parking spaces {11 are required and 3 is indicated on plans). LANDSCAPE ANALYSIS The landscape consists of Silver Buttonwood trees, Magnolia Little Gem trees, Live Oak trees, and Montgomery Palms. These areas will be under planted with Cocoplum, Mammey Crotons, Blueberry Flax Lily, Gold Mound, Green Island, Jatropha, variegated Pleomele, Podocarpus, Dwarf Podocarpus, and variegated Trinette. The proposed landscape plan complies with the City's Land Development Regulations (Section 4.6.16), provided the technical items noted below are addressed: Landscape Technical I#ems: The following Landscape Plan items remain outstanding, and will need to be addressed prior to certification of the site plan. 1. That the composite utility plan is reviewed and approved by the Senior Landscape Planner. . ~.. ARCHFT€CTURAL ELEVATIONS Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. (1) The plan or the proposed structure is in conformity with goad taste, goad design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The proposed building is an eclectic contemporary interpretation. The east fapade and a portion of the north fapade will have a decorative metal appurtenance that will be painted Tangelo (light orange} and Electric Orange (dark orange). The remainder of the elevations will have a smoo#h stucco finish that will be painted white and Cumulus Cotton (light blue). The louvers, bay door, and curtain wall frames will be painted Boothbay Gray. The square windows on the north and south elevations will have alternating stucco headers that will be painted Tangelo. The west elevation contains a large canopy supported by decorative brackets, which will be painted gray. The proposed architectural expression will provide an interesting mix to the streetscape along North Federal Highway that will be asset to the eclectic mixture of styles in this corridor. Based on the above, a positive finding with respect to LDR Section 4.6.18{E) can be made. SPRAB Staff Report Bandera Holdings Office - Class V Site Plan, Landscape Plan, & Building Elevation Page 5 R'EQ_U_IRED FJNDINGS Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a #orm which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes, Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following areas: Section 3.1.1{A] -Future Land Use Map: The subject property has a GC (General Commercial) Future Land Use Map and Zoning Map designation. Pursuant to the LDR Section 4.4.9(8)(2), business and professional office are allowed as principal uses in the GC zoning district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Section 3.1.7 (B1 - Concurrence: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, schools, and solid waste. Section 3.1,1 (C) - Consistence (Standards for Site Plan Actions}: As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (Dl -Compliance With the Land Development Reaulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted. Future Land Use Element Ob'ective A-7 -Property shat! 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. The property has not been developed and is within a mixed use and commercial corridor {North Federal Highway). The proposed office building is consistent with the surrounding commercial uses. Further, the proposed development is consistent with the North Federal Highway Redevelopment Plan. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. ection . . om ati ,,,, _ _~L1__- p ,bility {Site Plan Findiingsl: The approving body must make a finding that development of the property pursuant to the site plan will be compatible and SPRAB Staff Report Bandera Holdings Office -- Class V Site Plan, Landscape Plan, & Building Elevation Page 6 harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered on the north and south by GC (General Commercial), on the east by AC {Automotive Commercial) zoned property {across Federal Highway) and on the west by R-1-A zoned property {across Gld Dixie Highway and the FEC Railroad). The surrounding land uses are the Weatherspoon Carwash to the north, vacant to the south, Borton Volvo to the east, and residential to the west. Given the site design and office use, a positive finding that the proposed development will be compatible with the adjacent and nearby properties can be made. REVIEW BY QTHERS The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and HPB (Historic Preservation Board). Community Redevelopment Agency At its meeting of November 4, 2010, the CRA reviewed and recommended approval of the proposed site plan. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: ^ Kokomo Key ^ La Hacienda Homeowners Association ^ Neighborhood Advisory Council Letters of support and abjection, if any, will be presented at the SPRAB meeting. ASSESSMENT AND CONCLUSION The development proposal involves the construction of a new office building. The architecture of the building will be an asset to North Federal Highway. The proposed development is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(F}(5) regarding compatibility of the proposed development with surrounding properties. ALTERNATIVE ACTIONS A. Postpone with direction. B. Move approval of the request for waivers and Class V site plan, landscape plan, and architectural elevations for Bandera Holdings Office, 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(F}{5), 2.4.7{B}(5}, and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for waivers and Class V site plan, landscape plan, and architectural elevations for Bandera Holdings Office, by adopting the findings of fact and law contained in the SPRAB Staff Report Bandera Holdings Office _ Class V Site Plan, Landscape Plan, & Building Elevation Page 7 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{F)(5), 2.4.7(B}{5), and Chapter 3 ofi the Land Development Regulations. --- - --- STAFF RECOMME=NDATION By Separate Motions: Waivers: 1. Approve the waiver to LDR Section 4.4.9{F)(2)(a), which requires a minimum setback of 5 feet and a maximum setback of 15 feet in the North Federal Highway Area based on positive findings with LDR Section 2.4.7(B}(5). 2. Recommend to the City Commission approval of a waiver to LDR Section 4.4.9{H){1), which requires that a special landscape setback of 10' along Federal Highway based on positive findings with LDR Section 2.4.7(B)(5). Site Plan: Approve the request far a Class V site plan for Bandera Holdings Office, 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 x.4.5{F)(5}, and Chapter 3 of the Land Development Regulations, subject to the following condition: 1. Address a!I Site Plan and Engineering Technical Items and submit three (3} copies ofi the revised plans. 2 That a finding of concurrency be submitted from the Palm Beach County Traffic Engineering Division. Landscaae Plan: Approve the landscape plan for Bandera Holdings Office based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the condition that all that all Landscape Technical Items are addressed and three (3) copies ofi the revised plans are submitted. Architectural Elevations: Approve the architectural Elevations far Bandera Holdings Office based upon positive findings with respect to LDR Section 4.6.18. Attachments: • Appendix A s Appendix B • Site Plan, Landscape Plan, and Architectural Elevations. Report prepared by: Scott D. Pape, AICP, FCP, Senior Planner SPRAB Staff Report Bandera Holdings Office _ Class V Site Plan, Landscape Plan, & Building Elevation Page 8 APPEN©IX A _ CONGURRENCY FIN17lNGS Pursuant to Section 3.1.1(B) concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas; Water & Sewer: ^ Water service is to be provided via a service lateral connection to the existing 8" water main along the west side of the property. Adequate fire suppression is provided via three existing fire hydrants. ^ Sewer service is to be provided via two service lateral connections to the existing 8" sewer main located within the Old Dixie Highway right-of--way. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. ©rainage: A preliminary drainage plan has been submitted indicating that drainage will be accommodated via installation of an exfiltration system in the parking area. There are no problems anticipated in complying with South Florida Water Management District requirements and thus, obtaining a surface water permit. Streets and Traffic: A traffic impact analysis has been submitted that indicates that the proposed office building will generate 172 average daily trips and 26 peak p.m. trips. The traffic generated by the proposed use is minor and a finding of concurrency from the Palm Beach County Traffic Engineering Division is expected. Thus, a finding of concurrency can be made subject to the condition of approval that a finding of concurrency be submitted from the Palm Beach County Traffic Engineering Division. Parks and Recreation Facilities: Park and recreation requirements do not apply to nonresidential uses as they do not create a need or impact on this level of service standard. Solid Waste: Based upon the Solid Waste Authority's Trash Generation Rates, trash generated each year by the proposed 2,656 square foot office building will be 5.4 pounds per square foot per year or 7.17 tons annually. The increase can be accommodated by existing facilities, thereby meeting this level of service standard. School Concurrencv: A finding of concurrency is not required for the non residential project. SPRAB Staff Report 13andera Holdings Office - Class V Site Plan, Landscape Plan, & Building Elevation Page 9 APPENiD1X B STANDARDS 1=0=R SITE PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D~1 and D-2 of the Transporta#ion Element. Not applicable Mee#s intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B~1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned far residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent 1=. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. SPRAB Staff Report Bandera Holdings Office - Class V Site Plan, Landscape Plan, & Buiiding Elevation Page 10 Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable x Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods, Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas, if it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard x Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to became a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard x Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable x Meets intent of standard Does not meet intent ^^= ~~~~~ ~, .~~~~~ o~ ~ ~~~ ^e~n: ~~ vaaiesxoea a v~a •u~vuoar su~romv a ~uu v ix3mw xvsww xu ~muin .x~wow auu ~ ~ xnua ao ~aaiNUOeaw •~mss~sma ..r ¢xr aanaasau ~v vacua ~rx va 'vavvaer ivrmam~a . 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N. £. 16TH ST. 0 M rrl~ ~y~` i °.r ~ N SUBJECT pROpERTY BAN®EF~A HOLDINGS 1, `~ ` ~ ~ "~ OFFICE BUILDING - PLANNING ANa BONING " aEPARTM~NT LOCATION MAP -- O1GITAL &45'E MAP SYSTEM -- MAP REF S:\Planning & Zoning\DBMS\FileWCab\Z~LM 1661-150D\LM7221~Banderd Holdings 0lfite Building ~ :, r~r ~~~~~ o ~~ ~ '~$~ ^~~ ~LL vvb.~ HPI~3'H~o-J q~9=e wed q~og 6e~pp Aem~lH i~~PaJ +M4N !! g w 6 z ~ O uoi~~aaodao~ BuipEo~ ~aaapuB~ ~ b ~ ~ g~~ ~ Q ay} .~o~ s,aa}~ en p~aN Mai ~ ~ ~ ~ a ~ ~ naseeoxoxw si ~ra •v~aswsxv so~vnaorv s ssw s ixssxoa xauinn axs simxssn sasaiuoo sixi ao asn aaoua ao nouanaoaaaa ~niss3sma .nv axr a~na3s~a aea uxaia +~v wa ~sxa~avctr. sn++nan~va a iam ao xsasaoea axi s: rarawo s~xi ~xsiaAana ~; a. ~ ~1N.,~O~ {j°~yg1 y I ~VTia¢s ~41 p ~ ~.'10 ~sgg33 W o ~~~~~~ ~ ~ e ~ ~. .:x ~b m$ ~ ~ ~ ~~~ & 1 ~~~er$ 3 ~ 3~ ~ O m O gg ~~~~ ~~ C ~ ~ RFi~wR~~w° R ~ ~ 5d ~@ ~~~~ ~~~~ ~~3~~ a~ ~ ~~~~ °~~ ~g ~~ y,~ ~~~ tsp ~ l~~~ ~9~y~ ~~9~ ~e~~ ~~e~ ~e~~ s fi e Q ~~~~~ ~~~~ ~~~~§ ~~~~A ~~~ ~~g~ R55~ ~~i T 999999~~~ ~'~ ~° aNnoa~xdoH ~ ~~~~ ~', tai i iat~tt~`. a ~ ~ ~ s ~ i # i a ~ s~' iry, ~a :~ iE s~ lly~ :~ i! ii -7'i ii ~~ a~ ~~ ii ilii -k ! ~~~~ ~~~~~~~~ ~~~~; ~ ~ i ~ '~ a; d 0 ~' ~ ~~ ~ a a ti ~ ~ ~ ~$ ~~6 aaaaaa ~~n Zo a ~~ ~'! ~j ~ ~ ~ e~ ~.... MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: January 12, 2011 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 WAIVER REQUEST/414 NORTH ANDREWS AVENUE ITEM BEFORE COMMISSION City Commission consideration of a request for a modification to the standards for approval in the Land Development Regulations, pursuant to Section 7.9.4 and Section 7.9.5 governing the standards of approval for Docks. BACKGROUND Sachs Sax Caplan, Attorney at Law, representing the property owner of 414 North Andrews Avenue is requesting a waiver from the City Commission to Section 7.9.5 that restricts docks to be no closer than ten (10) feet from the property line or adjacent property or the distance established for the side yard setback, whichever is greater. The owner will be reconstructing the existing dock that is currently 6.5 feet from the north property line and LS feet from the south property line. The owner and Chief Building Official agree that the existing and reconstructed dock will not endanger public safety and welfare. The original dock was constructed prior to the completion of the home in 1968. The owners, through their Attorney, have provided the attached letter setting forth their hardship and the applicant has received required approvals from the Department of Environmental Protection and the Department of Army Corp of Engineers. RECOMMENDATION Staff recommends City Commission approval of this appeal pursuant to Section 7.9.4 (A) of the LDR's standards based on the findings that the modification required under Section 7.9.5 of the LDR's will not endanger public safety or welfare. SACHS SAX CAPLAN ATTORNEYS A"f' LAW SurTE za5 6171 BROKEN SOUNp FARlC4VAY ~1V41 BoCn RA7aN, Rowan 33487 TEiEPF10NE (5611994-~W99 DIRECT EINE (561) 237-6544 FnC51AAliE (5&1I99A-4985 January 3, 2011 David Harden Chief Manager City of Delray Beach 100 NW 1st Avenue ©efray Beach, l"larida 33444 Rl:: City Application No. 1Q00137454 Application for Dock Permit 4'14 North Andrews Avenue, Defray beach, Florida 33483 Dear Mr. Harden: PAMEV+tvl. KANF, ESQ. pkaneQssclaw~rm.com This is a request for an appeal of the decision of the Chief Building Official to disapprove our client's request for a Modification of Standards of Approve{, pursuant to Section 7.9.4(6) of the City of Delray beach Land Development Regulations. Our client filed an application with the City far a Dock Permit at the above address on December 17, 2010. The application seeks to reconstruct the existing dock at the above address, which is designed in the attached plans to be set back 6.5 feet from the north property line and 1.5 feet from the south property line, which required a modification from the ten foot (10 ft.) set back requirement in Article 7.9.5{B) of the City Land Development Regulations (Code), Included in the application was a letter supporting the request for the modification pursuant to Article 7.9.4(A) of the Code, which permits a modification to a provision in Article 7.9, if it does not endanger public safety and welfare, and if compliance is not feasible or if compliance would constitute a hardship in this particular instance. On December 2.2, 201(}, the Building Department issued the enclosed Plan Review Corrections ReporC which disapproved the requested Modification. We request that you schedule this matter before the Board of Adjustment and notify us of any further infomiatian or documentation you feel is necessary in this matter. l look forward to hearing from you. Sincerely, 5AC SAX CAPLAN Pamela M. Kane P'MK enclosures .................. ...... .._.......... .. -...._ I _: . _ spa _< t ~ 4 •w d ~• ~"~sr -.-.. ".' 1N'~Ay w'lx4tlUN { . ~5~/~I. E w ~ • ^ ~ _ j Y~ ~ Z ['~' 'V"~c ~ w ~ ~ _ ~ tn. O ,' ~ +I - ~~..77 L.,F-.. - ~ .- rte- a . ~ ., .rid aciil.ia~c~r~ ~ o ~, ~~~ V d rv ~~ ~ S ~~ ~ m .. , c +n s~i ~ fi n ydsty ° ~ ~ ~ v ~ $~t A._gg G~G1r ~ 9r °_ `~ j~, m ~ ` .._ ..~. N Xf ~~.__ i_- ... .~.. ~ V aC ~ ~~~ . ' IJ i~~ ! s: _ 4 `h ,.~ _ ~ '{'~~{o A,~'@' {~{~~ i ~ ~ ~ ~ ~ 1~jD u~ rxwxa o} ' Wp ;~ _ ~ ~~~ ~arwn ~! 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FCORICSA 33AH 7 ~rECErHONE (561) 994-4499 oIRSCruNE (551)237-684A FACSInau.E (551)9941985 December 13, 2010 George Diaz Chief Building Official City of Del ray Beach T 00 NW 1st Avenue Delray Beach, i=lorida 334~}~ RE: Application for Dock Permit 4~4 North Andrews Avenue, Delray Beach, Florida 33483 Dear Mr. Diaz: PAMiE1A M. KA1JE, ESQ. pkane(c~ssc{awtirrn. com This firm represents Rosalind Crass Dujardin, the owner of the above listed property (Prerrlises}. This letter is an accompani ment to the app! ication For a Doclc Permit at the above '-_ address. The application seeks fio reconstruct the existing dock at the above address, which is designed in the attached plans to be set back 6.5 feet from the north property line and 1,5 feet from the south property line. 1Ne are requesting a modification from the ten foot (10 ft.) set ' back requirement in Article 7.9.5(B) of the City Land Development Regulations (Cade), This modification request is being made pursuant to Article 7.9.4(A) of the Code. This section of the Code permits a modification to a provision in Article 7.9, if it does not endanger public safety and welfare and if compliance is not feasible or if compliance would constitute a hardship in this particular instance. in this case, the Premises is a pie shaped lotOne Hundred Ten feet{170') in length on the front (East} property linefacing Andrews Avenue. The rear property line (West) facing the Cana[ is Thirty-five feet (35'} in length- There is currently aTwenty-seven foot (27'} dock located along the canal at the rear of the property, which fs set back six and one half feet - (6.5') from the north property line and One and one half feet (1.5') from the south property line. (Please see survey attached to the application). The dock is in need of repair and the property Owner is desirous of completely reconstructing the dock. George piaz i~ecember 13, 2070 Page 2 of 2 Article 7.9.5(B) of the Code requires docks to be set back ten feet (1 ~') from a neighboring properly line. phis setback requirement applied-ta the Premises would result in a dock of maximum offifteen foot (15') in length. Compliance with this provision of the Code creates a hardship for this particular homeowner as it would result in an almost Fifty percent (50°I°) reduction in the size of the entire dock. Application of this provision does not resuit in a similar hardship to over 99°/° of other property owners in Delray Beach, unless their property is shaped similarly to the Premises. Of the approximately 97 single family lots east of the Intracoastal and between Atlantic Avenue and the Gulfstream Golf Club, only six (5) are similarly wedge shaped. Of those 6 lots (which includes the Premises} only three (3) contain docks. !n each case, the docks on these lots, have docks which are at or substantially closer than 10 feet (10') from the property line, including the property neighboring the Premises, 1149 Beach Drive. Finally, the granting of this modification wouid not endanger the public safety or welfare in that this modification is l invited to the private property of the applicant and there is na public access to the structure being sought to be constructed. We request that you review this and if you are in agreement that you recommend to the City Commission, in accordance with Article 7.9.4, authorization of the modifications. I look forward to hearing from you. Any questions ar directions you have regarding this request should be directed to my office. Sinc ely, Pamela M, Kane PM K/mf Enclosures F1~r~~.a ~ep~ier~~ ~f ~nvir~rx~nent~:i Pr-~~~.~r~ southeast 73istrict aloe 44D N CongceBS Avemre, Suite 200 blast Palm Beach, FL 334a ] ]ter. Fi1eNo,:3A-fl3(3'~01~-OOI,Of12,Q[13 FOe Name:l3ujardin, Rosalind Z)ear Ms.1]ujardin: Char€ie Crist Ciovcrncr 7eff xottla~np L.k Go~c ersar Mimi A. Drew Secretar,~ On October 1, 2414, 'we received your application, sod on Nober S, 2414, the appliaativn was complete fox an exemption to warm the following activities: t;7) xiapTace a 5 favt by 27.4-feat ~I3T ft~ uuaginsl dQC14 in the eases ]oca#an and of the same oanfigoretinn and climensica-s as the existing dock; (23 re~,a~ir s 35-linear fact se$ws}1 by metalling a rsew seawall cap; and. (3) install four bstiex piles. 'The pmjeots am Toasted in an artifaist cartel, Class 771 Water ar~,~acentto 414 Andrews Avem~e, Delray Beach (Section 9, Township 4~ Sout]r, Range 43 East), ist Palm Beach. County (X,a#tnde N 2fi° 28' T 7..39", L angitacle W $0° 3' 33.3"). 'Your ~rlieatiton has been reviewed to determine whether # gtraliF[e,s fen euy of three kinds of authcmizetictn that maybe neceseacy far work is wetlands yr watezs of the United States, Tho lands of author~tic:n axe (i) regulatory atrtitoriza#on, {2) proprietnc3' authorization (related tv stat~a-owned snbmetgod ]ands), end (3) f~ndGralauthoriza#an. Tlm authority for~view and the outcomes of t1~ reviows am llstcd bellow. Please read each see#on carefully. Your pro}sets nr~y xtoir have qu~~c~'€ed £~ s11 tl~rca Terms of suflras~atima. I£ Yom' Pmt did not qualify for anc or mare of the atatlrariz~tiona, refer co the speclBo section dealing with that aattTrarization for advice nn haw to obtain it; i 1. 1!te~lat[iry lteviesv. -- ~lEll The Departflnant hss reviewed the,submltted infaruratiozc and has determined that the ~jet-ts am not expected to cause the release 4£polhttants in sufficient q~n#itY, mrality, ccmte~, or character wTtlc respect to the circatrixstances surnYUUding fire lose#on, use, and operation of the prgjecta, ae tzt vontxx'htrte to pollution in contravention of the provisicros ofC]tapters 373 amd 403, Florida Statutes {F.S.), ox Title 6z, FlvridaAdministrativie Code (F.A.C.). Therefore, (cased solely ttie doc€rnoents submitted ixr the Uepartznent, tl~ pxoject W install fatrtbatfer ~i1es has n cieteu 3 ~~ q~i mss an activity tl~!t is exempt £ram tlta used fqr an enviltmmrntal resource lse~rnxlt ptusttant Chapter (~, - Based on the ininximatum you submaffied, we have determined that your pmj cots to replace a 5-t`oot Toy 27.4-fart (137' noargir-a1 dock, in the sarpe loaetian end o€the same avrrfigWxatacxn and dixnensiarrs as the existing dock amd relsair a 3S»lityear fact scawatl'l-y installing $ new seawall cap are exctnpt from the need to abtaiu a DI:P Bnvinmmeetal Reavurce 7'eamit under Rule 44E-~.QSI(3)(d), F.A.C. $nd R,uie 40F~4,QS1(4){€f}, F.A.C., zespectively. This cleteemina#on ]s applic~le aztly pursuastt ro tkta statutes acrd rules in a£feot at tlro thou the iufiormation was submitted. This determination may npt be Valid in the event subsequent ohmrges occur in tTZe applicable afatutes and ,rules of the DeparEment. Ptrrs-tent to Rule 62-302, R.A.C., sctivitiea that qualify far this exemption must be eoirsttucted and operated using appmpriat~e best ~agement prae#cea end iu s msamar that dose ztot caerae water duality violations. Ro~s~~d lh~j ~ Pa Box 599 Crested Butte, ca B122A File Name: lJujsrdin, Rosalind FDfiP File Na. 50-0~Q3Q15-OD1,0(1~,~3 Page 2 of 4 The determiuataon drat your Amjeuig clualifjr as an exempt activities p~s~rsuaa# to Chapter 373.406(6), F.S, .maybe zevolzaed if the installation is aubataz~tislly xnodifieci, or if Ette toasts for the exmnptacm is determined to be maberiat#y: incoct, or if tiro installation results iu water quality vialatitsats. Any changes mach in the s~stnrG4ionplsns ar laaatiou of the projects xaay necbssitate a pefmit or certification &o;rn tl~e I3apartmetrt, Therefaro, you are advised to cantaet the I]Epa~iant beard liegiiu>:ing #ha projects and be£ofe beginrti~~aay woarlc.~ waters or wetlands wlur~ is not specifieelly.dcsc3tibed itt ynur suEhmittal, 2. Pr©prletary Review (related tv stuLe-awned lands). - I~TUT' R]~QU,IREU Tice Depar4mezat acts as stafftp the Bnard of Txustees of the lxakernal I>RCpravcment Trust p'und (Board o£Tnnatees} and issues cextaiu au:#hori~tions far t~yh~e n_ee-yo£~sropwe~+re~lign subxasrgepd lhande. Thpe I]epart~n/~eaxt~,~h~ayBpt~~.p~sutlio~ty+t~onry review ya~ proleata 4FIl4FAA \..ila~t~i}~ L..73 771111 LJO, ,C..}., ~tQr~ ~O~i~ ~~ 10 Z~y F~.L.y YiJ.Ni ~7.+YF.On ~~ ~:7.Vf ~, k'.A.~. Yaws prajeelas~will not ooeur on sovereign submerged land. Ti>lersfore, pursuant to Citap#er 253.77, F.S., ae~tlrorizatinn from the 1B~aand ofTzustees ie not zegairesl. 3. P'ederul N~,eview {8;pete lProgrammatie Geaneral )?ermit}. - GRANTRU l"nderal uurthorizstir~n far the proposed p~eets is Teviewerl by DSP pursuant to an agreement het~eeze the IJepattment and the U S. Army raxps of'7~ngiraeers {G~rps}. 'l`lao agrc~nbaet is oettl3rred in a docusu~t titled Cao~'i~ratr'on Agreerttettt~i3efween the €7.,~ Army Carps of.L~ngiseers and the FFQrki~'r De,{~urYsnertt of Ent~7'9ar~mex3#a1 ,Prat~tion State I'mgrnatic Geneex~l Perrnr't, Section I ~ v, f the Rivers and ~IurborAct p. f ,t89~ arrd ~'ectlm¢ 40d of the Cleatr Water~4c~. Ya1rr projects have been reviewed £or caznplliagce with a state Programmatic Genrrst Peniriit {SPGP}. As shown an the a#a~ drawings, thae proposed pnajects are c~maistent wi#t the SPGP program. 7[;be a#tached Carps gedezal epnditiod-s aPPly ~ Yam p~rajec#s. Ala further pes'mitting far these activitiea=are regrritnd by tbe Cnrpa~ pia exemption verification is based an the it;d'c,+~tiation you provided the Depart~neat arttl the statutes and rules in effect when-the i,x£ormation was auba~itteci. This verifiwatian will expire. niter nne year, and will not be valid a# any other time IfaiOe Cont#itiona matatis~lly chango, the,~raject deign is modified, ar rite statutes ar rtrlea govetuiirtg the exempt activity are amended. However, the activity may stall bs conducted without firrtlier notification ~ or verification lam the llepartrneuti af3er the one-year expiration a£ this verification, pxrrvided: I}the project de~gp do not change; 2) site condidoate do not materially change; and 3} there ace na chaagcs to the atatc-tea or rules goverttinag the exempt activity. In the eves, your need to rrrve>Cifyr tiye exempt status ;r'ox the activity r the o~me-year axpiratiaa of this ver~ca#on, a new appfioatcm a»rd verification face will l'e retpiired. Any substantial rrxadi#icatiawa to tl~e projectdesign ahrnrld ba submitted to the UepartYnent frig review, as.chaages may result in a germit being requtired. C.onditiang sr#'campiiauca with the xegulstory exemption are ccmtaincd ~in Attachment A. 'Reis letter dose not relieve you frown the respc~nsr"bifity of obtaining other penmi#a {federal, state, or local) tha# xnay lre required far the p~nojeots. NUTTCE OF RIGHTS OF sUBSTANTL4~LLY AFFECTED l?EI~QNS This terror aclruawledges tlsat the prapnsed activities are exempt £rotu EIZP permittsag requirements under Chapter 373.4(1&{G},1?,5~., Rule 4tlB-4.aS l{3)(d), IF,A.C., sad Rule 4DlJ+-4.4}SI(~)(b), FAC. Ti--is dete~rmiiu~etian ~ del 8itd effective an~the date filed with the Clerk of the Department unless a sufficient petatian frnr an adminiatratavo hearlug is timely filed under scctians 120.5b9 ar~d 12D.S? of the Flrurida Statutes as provided below. if a su~ciesrt petition for an sdmiriis#rstive lsiearing is timely filed, dtis determination autou-aticauy becomes nnly~ proposed agency action subject tcs fl~e.reBult of tier adrniniatrativcreview process. 'l"iaexcfcrre, c~nn the- fling of a timely and su~cieatt petitaan, this actiart will ~aot'ire :Coal and. effective anti) further axdcr a£the Department. The pmoedur~ €or petitioni>~ for a hearing sm sett forth iu t3ie attacl-ed notioC. Fife Na>raae: Du,~ardin, Itnsatisa,d FT)EP Fits 1+To. 5(3-Q3#?3015-001,0i72,O113 ~'aga 3 of4 This determitaatian is bss~t an the iuformatlan you provided the DeparEgaent and tlae statutes and rules in effect wheat lire application was subxaaittecl and is efilrctive only for the ~IsCaifao activity proposed This deteroainatiaa shall autokically expire if site conditions materially change or the gaveanitq; stakes ar nilGS are amended. ~ additann, any substasttial sxiodifications in yF~aa-plans should be eubara%tted to the l~gartmenY f©rreview, as changes znay result ias a permit beitsg regdirec3..in easy event, this dobersnixtatian shalt expire otter arse year. Be advised that your noiglalwrs and otltsr parties who shay be stabstaastialty affected IrY floe propaseci activities aliaweal undG,r this determisa$tiom of exesnptROm have a right to rega~ent an adaninietaative hearing on floe Degertanent's decision thatthe proposed. activities gaaalify for flue axeniptioaa. Because the admin€iastrative heasircag pis ie designed to scdetxrtniue final agency action on the apPlicdtiota, the fstit~ of apetitiaa for an adaniuistrxtive hearing tuay result in a faval deterxuirr~tlaaa tba# the proposed activities are not authori7Jed under the exemption estadxlished under Qsapter 3fi3,1fOti(G}, F.S., Rsde 4t?E-4.U51(3}fd}, F.A.„ and Mule 4~E-4.t15I f4~{b), l~.A.C. The Depast~nt will not prablish notice oiF this datxrsn#aaation. Publication of lisle notice by yors is optional and is scat requiaed far you to praGeed. However, in the event that an adminiafrstfrre hearing is l~ld and tLe Uepartxnesat'a determination is mod, pracoedisag with the proposed ae'tivity before the time petiad for requesting eta administrative hearing lass expired would mean that the activity was coaadaaated without the rcgfaired Peavsit. if you wixh to Iisnit the time wi@ain which all substantially a#lected pexsasss array regneat an adzniaistrative hoaxing, you may elect t4 lnablish, at your awn ex~uao, the enclosed notice (Attsahrnent A) in the legal actverEixenseaat section of a atewspaper of general cits~latian in the county whets the activity is to talus place. A single publication will sutfioe, If you wish to limit t3ie time within which any spepitia paason(s) array request an adtnitaietratit~+3.hearing, you mey provide sacsh poreorl(s), lay aertitied sxtail, a copy of this dctarsniaaatiQn, including Attaelament A. For the pwpoaes afput-licatioaa, a newspaper of general circulation saaeasas a newspaper meeting the,€~u{tenaonts of sections St3.fil i and 50.031 of the b'laaxda Statutes, In the event yon da publish lisle azatice;, within seven days of #at~bltcatian, you must provide tea the following addtesa groo£ofpu'blicafianlssued by tlse ne-vspaper ae provided isa sentian St7.O51 a£the Fltrrida Statutes. l°f you paxavide direct written notice to any peaaan as uvted above, you anust provide to tlae fallawia~g address a copy of ~ direct written notice. . Florida Department afl:~nviranuaentat Protection Satafheaat District: Submeag~ed )',.ands & Envaroumental. Besaucres Program 4tlU N. Congress Ave., Suite 2i10 'West l'alrn Beaa'Et, FL 33401 ' If ou have Y Y KN~~ Please csssttact Sopiaia I)imiitrav'a at 561-681-6434 ar Sophie.bimitravaQdkp.state.fil.us. When a+eferr~g t!o your project, please use tlae ~ file xtataae and stusnbet lie led above. Siaaccxefy, I •_ I I ' ~~~d _ xxai isle ~1,r.1W A ~Btratar Submerged sands aaad 13nvanorun~utal Resasurea ~ F'iln Name: ~~~, ~a FDEP dale Na. SQ-t33U3i1~S-f1U1,~(?2,E)Q3 _ Page 4 of 4 Enclosures cc: Vsncent S. Mvntella, Sri-T~ch Maxine Gonsfion, seat~c FLING ANTI A~~C~A~`„~hTC3WL..l.E4.U~*MA ENS' fi'.LLrf:.Y, Q~ ~ i~{~Y ~a2u #Q 120.5{9), Flos~da Sta#ntes, with the designated l~elrarknnetrt Gleck, receipt of which ie~ hereby ack~~iedged. C9erlK Dato S i - E Attacl-ment A File 1Vo.: 5U-03~30I5-pOI,(~f2 flo3 ' STATI? OF Fl:.~}1ilDA - LTFi~Ait'TMII+fT QTR SNVIRONMIiN"t'AL PROTEC170N NL~'iCL ~F DET131~TNATIOIV t7F ~fBMPTiON 'iota Tleper4ne~t of Ettvironm~tal Ftotection gives notice ti~at theprc-jecta to t~eplace g S-foot by 27.4-frwt (I37 ti~j marginal dada, in the same iocabian and oftltc same c~anfiguretian sad dimensions as the e7dateng doclS ' a 3S-linear fact seawall by irtstiallittg a near t:eawall oels; sad inetali faux batterpiles, located in an artificial canal, C1ess Ill Waters, adjacent to 4I4 Andre-vs Avr.~uq l3ehay Searh (lion 9, Townahlp 46 5outir, Range 43 Bast), is Palm Beach Couaty (Latitude 1d 26° 2S' i 1.39", I.oaglttule W 80° 3' 33.53"}have been deta~a-#tzed Lo ba exeEnpt finrt-reyns`xeiucerts io obtala an envircmmeatai resource ]mot. A. pax whgee substantial intez~eats are afl'iected by She l3eparLlrreatia~nion rosy petition far an administrative prorxeding (hearing) undsx sections 120.559 and 12U.S7 of the l~ltmida Statutes. The petition moat contain the infona8tiott set Earth tielow~and must be filed (r~eoeived by the clrx-lt}.in #ha Ofhce ofGenea~ ivounsel szfthe Deirat~sienc at 340D Cammcrnwealth 13aulevard, Math Stat#cm 3S, Tallahassee, Florida 323x9 3f1o4. Mesidiatiart is riot available. if a tltnely anal auf~cientpetition torso administrative hearing is bled, othrspersona whoae~substant{ttl~int~neats will tee afl'ectcdby the.outcnme of the adrmnistrative process have the xlght to pe#ition t4 intffivcae itt tt;e.pmceeding. httert+ettkiattwlll bri permitted only at the discretion of thepresldzng ofTicex upon flue flI{t-g of $ motion in carr-pliance with rule: 28-1 t1G.245 of the F#prida.AdnainistEative Cade. In accordance ~vIth rule 62-1 lt],146(3}, g.AC., petitions far as administrative ltesrsnb must lxe filed within 21 days of yubliaetionofthsnatiaear~eoeiptofwrltt~tnotice,whicl:evarncrnu~sf~r~ Undern€Ic62-Z1(1.1Q6(+1)o£1l~flFiorida Adrnittisb~ative Cc7dd, a ptxsart wltoee substantial iatarests are afiixted by the Department's action rpa .also y rectue~ ~ extension of time w file a petiiitm for as ada7unistrative heating. The Department rnay, £ar goad cause shaivn, grafret ttic recpiest far an cxtensiga of tune Requests fioa~ extension flf time must be flied with the C3flitix of Genetwl Counsel of the Deptt~satt at 39G{l Commonwealth Boalevattil, Mail Station 35, Tallahassee Florida 32399-3p00.prior to the alrplls~le deadline. A; timely roqueat for extension of time shall toll the reutning of the time period fair 61iag a petition until tlto zegaest is sated upaa. Clpaat motion ~ the.~qurstingpatty showing that tho failut~ to file a: request for an man oftime before ~e deadline was the result of exeusalale aeple+ct, the Department may also grout the requester! ercteaisian at'time. The petitioner shall mail a coQy of the petition to the spplicantat the address indicated alcove at the titnC of filing. 'The failut8 of any person tQ fide a petition fin` tut ad-ninistrattvehaaring ~,vithirt the apgrapriafie tune period shall camatitute a waiYSx~ of that right. A.,padtion tl;st disputes the material facts on wbioh the Dc3rat#mt~t'a action is based roust atmtaiia the fnllavviirg frif'Ortirati4R: {a) The nariro.&ttd address of eaah agency affected artd each ageeey's file ar hlentifit~licm number, ifltaawn; (b} '3Le ntune, tidtlmea, and telepltono nurnbec ofthe petitioner, the name, address, and ~e¢hone ` af#he petitiaar~'s regr+eseattativey if amy, whic}i shall be ttse addtrass far service purposes dar'lrig flip cQUrae of dze prvoredlpg- asd ~ explair~titlxt nfhow the petitloncr's substantial irttettwta axe ox wUl ba affected by fife eg~io}i dctit~ia#ion; (e} A• statetneatt of wheat rand how the petitioner recaivcd nofire of the agency clecisiun; {d) A statement ofali dinged issues ofmaterlal fact. If there a~ none, tha.petition must sa iudir (e} A coaclse staiemeet of the ultimate facts alleged, iaciuding the specific fi<cts the petitioner canteads warrant reversal or xaochficadon of tho agency's propoecd aciine; f f) A atategnenc oi'#lte sgecifia rules or atntutes that tfte p~tioaet contends ~e5guire reversal crt• madl8catian of the a~genuy'9 proposod action; cad (gj A atategneat of the relief saagb-# by the petsiaiua~r, atgtir-g precisely the action that tlza paHHaner cvlshes the egeacy #o take wi#h tsespect to the ncy'a proix-sed action. A• petl#l4n thatdcrts xtat dispute thematerial facts era which the Department's action is based shall state first no such facts ara.in dispute and od-erwise shall oardain the same Information es set forth above, as ~ by rule ZS-lUG.3Q1. Under aectlt~as 120.Sfi9(1~a) and (d} of dre Florida 5tututea, s petltinr~ for adminis4ativt~ heartigg shall be dlamiaserl by tit6 ageiaey If the petition does not artbatarrtislly comply wifft the abawe requirerrrcats or is iwtitaely filed. Completa.ubpies.afall docuraenta relating to this determination of exerrrption are avat~able fur Qublic iaspeGtian during trozrnal business !tours, B:Qt) a.tn. to 5:00 pnn,, Monday #urntgh Iiriday, et the Soufheast ilas#rict a~ec, 4t70 Ncttt}t Congress Rvenuc, lest palm fieaclr, Florida. {~ene~ ConiCiifona i. The Banc lituit for Camplntirr~g t~ work authorized. enda.an Septe~stber 1, 2fl 1 i 2. 'You must maintain the activity authorized lry this Permit in goad banditian and in confoi~inanse with the terms and cnnditians ofthis perarit. ~'ou are net relieved of flue requirement if you abandon the,petmlt#~ed acaitvity, although you. rimy aaalne a good faith trar,afer ta'a Third partSr is ac~mplianee with Ge~ral Couditiau 4 below. Should Ott w~•.to ceasC #n msizttain the autltarized activity or should ys3u desire to abandom it witltaat a gaud faith traztafer, yon mast obt~.n a mod~catxan of this pemut from thrs nffiGe, which may require zeatoration of the area. 3. If you disanver anY p~c'iously u~tawn historic ar archeological remains while aecomphshing the activity authorized by this pea~v.~ y~ mnat immedia#e!y ncrtlfy this of~ep oEwhat you have tavnd. We will initiate dse Rederal and State coardictatiott required to clsterntine if fife ~r~xttains warrant a recovery a~nrt or if tine site is eligible for listing ia. the Natiana! Register ofHistoric daces. 4. Tf you seh tine property asavciated with this permit, You must obtain the signature .. of ttre new owner im the space provided below and farwn+ard a copy of the permit to this office to validate ~ #ransfer of this authorization. 5. If a ctindits'aned water clpality CertifxcEttinn .lays been issued for ynar projects, you mast comply wi#h the +~anditians spee~eci in tl-e edrtdf eatiaa as specie! conditions to this permit. b. Xav rrnast allow napresent&tiv~sv from this afftce to inspc~t iha authorized activity at any tune deemed necessary to enasre drat it is being or has teen accomplished in agcordance wit5t flue terms axtd conditions of year permit. Further Ltfct>`'matian: 1. Limits of ibis autlwrizatinn. a. This peenit d,aes eat obviate the need to obtain other Federal, StetE, or local aathorizatic» required by lam, b. 'This permit dues not grant anY ProP~-Y or exc~ive privileges, c. This permit dues net authorise any iajury to the property or ruts a£others. d. This pit does not authorize inter£ereiucc with any existing ar proposed Falcral proj sole. 2. Limits of Feder+ak .Liability. In isstr.{x~g this permit, the Federrat Gvvernm~t dog not assume any liability fpr the fnllawing: a. Dai~ges to the permtted project or uses thereof as a resplt of oflur ~ or unpramitbed activities or from natural ceases. b. Dauaages fo ~ permitted pzaject ar uses thereof as a z~rlt of current ar iut~u a activities atiderml€en by or an behalfnfthe United States in the public intet~est. e. Vantages to persona, property, or to other permitted or nnpeamitted-activilies or shuctures caused by the activity autiZarized by #ltis permit. d, Deaign,or construction deftcieacies $ssociated with the perntltted wm~C. e. Danyage claims assasiated with Gray fitturr mvdi~ieation, eyspenslnn, ar revc~cadau of this permit. r't <i• 3. Reliance oa Applicant's data: The detezmination o:Fthis office that issuance of this permit is uvt contrar}- to thhEi ~ _ public iutexast was madde in.relisreee ttn the information y~c~n pmtaidctl; -- 4. Rcevaluatiau of Permit Det~itm: This offioe may rtevahutte.its deeiainrt on this permit at any'#intb the CitGUmatancCS wsxrsnt. Circunestancex~ .that could xtcluira a t~eevalvation incltidv, but are ~aot limited tv, the follvwi~: a. Yvu fail to comply with the tcrnts and conditions of tltts perneit. b. The iufermatiou provided lsy ytsu is support of your permit apgelicatian proves to have been £ulse, incorttplet~e, or inscc,erate {ate 3 abovey. e. Signifloattt ftew ittfoxnaation stu'1`aceg which this offee did eat consider in xeaching this tniginal public interest decision. S, Such s rt:evahaativnxnay recruit in a cle~minatian t}tat it ie approprihCe to use t;ee auepetsion, ruvdi~ication, and revocation pr~eclunea contained in 33 CFR 35.7 trr enfomemt:ntpmeedures such ~ those cantaimted in 33 CF'R 326.4 and 325;5. The rel'erraacad enft3raemcrtt procedures provide for the iesttence of an adn~itrietxafive order 1'!d~ You comply with the terms anal conditions of pour pemtit and-far the ixuttation of ltgal action where alspropriate. You will be required to pay for any cotxectlve measures arulexetl by ties txffi'ict;, anti if you fail tp crtmply u~iih auch~directivs, this ofCce mety itx rerd~in situalio~ {such as~thase specilxod in 33 CFR 209.1`It1} accomplish ricer eoexeetive maasunes by contract or otherwise and bill you fur flee cast. 6. Wizen the structures nrwarlc axttharizt:d by this permit are still in existence at #ltie time the property i$ tran$ferr+ed, the terms and canditioxes of tleis permit will ccmtitnua td bts binding oft flee new ovunar(e) of tits property. Tv validate the transfer of this permit anal the associated liabiliEies associataed wt~ eat~liannc with its ter~nas and etbtditiims, have the transferee sign and date below 3 (`l'RANSFI?11.EE-SIGNATURE} {DATA ,_ . __ _.. ~ _. 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ANDREWS AVENUE 1. This waiver request to permit a decrease in the minimum distance requirement for docks from the adjacent property came before the City Commission on January 18, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to permit the decrease in the minimum distance requirement for docks from the adjacent property. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. WAIVER: Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to Permit a Decrease in the Minimum Distance Requirement for Docks from the Adjacent Property: LDR Section 7.9.5(8) restricts docks to be no closer than ten (10) feet of the property line or adjacent property or the distance established for the side yard setback whichever is greater. The owner will be reconstructing the existing dock that is currently at six and a half (6.5) feet from the north property line and one and a half (1.5) feet from the south property line. The owner and Chief Building Official agree that the existing and reconstructed dock will not endanger public safety and welfare. The original dock was constructed prior to the completion of the home in 1968. Does the waiver request meet all of the requirements of 2.4.7(6)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request to LDR Section 7.9.5(8) 6. Based on the entire record before it, the City Commission hereby adopts this Order this 18th day of January, 2011, by a vote of in favor and opposed. ATTEST: Nelson S. McDuffie, Mayor Chevelle Nubin, City Clerk 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: January 12, 2011 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 REQUEST FOR A SIDEWALK DEFERRAL/DELRAY CHRYSLER JEEP DODGE ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of an agreement between the City and Delray Motors, Inc. to allow the deferral of the required sidewalk improvements along Old Dixie Highway associated with the construction of a new 17,610 square foot showroom write-up area. The subject property is located on the west side of South Federal Highway, approximately 610' south of Linton Boulevard (2102 South Federal Highway) and was formerly known as Delray Lincoln Mercury. BACKGROUND At its meeting of November 1$, 2010, the Site Plan Review and Appearance Board (SPRAB) approved the site plan for the new showroom write-up with the condition that the required 5-foot sidewalk along Old Dixie Highway be installed concurrently with the development or that a sidewalk deferral agreement be accepted by the City Commission. it is noted that the Development Services Management Group (DSMG) considered the sidewalk deferral request and recommended that the sidewalk be installed concurrently with the development proposal. The applicant requested that SPRAB modify this condition of approval based on the added cost and lack of pedestrian connections to the adjacent properties to the north and south. It is noted that other new developments along Old Dixie Highway have provided the sidewalks. If the City Commission finds that it is appropriate that the subject sidewalk should be installed at this time, the sidewalk deferral agreement should not be accepted. Despite the lack of current sidewalk connections to adjacent properties, the deferral of the sidewalk should be denied since it is appropriate to install the sidewalk given the intensity of the development proposal. The City Attorney's Office has reviewed and approved the agreement for form and legal sufficiency. RECOMMENDATION By motion, deny the sidewalk deferral agreement for Delray Chrysler Jeep Dodge. Prepared By: RETURN TO: R. Brian Shutt, Esq. Caty Attorney's Office 200 N.W. 1st Avenue Delray Beach., Florida 33444 SIDEWALK DEFERRAL AGREEMMENT THIS AGREEMENT entered rota this ~~ day of 1 ~--C~-~ 20~~ between the City of Delray Beach {hereinafter the City) and Q~ q ~ ~~~5 7 ~~ (hereinafter the Owners), for the purpose of deferring the requirement of the installation of a sidewalk along 1 ~~ ~ ~-~~~~ until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C} requires the installation of a sidewalk, within the ~~ ~l ~-. ~ ~ G ~ ~ ~ right-of--way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a deferral from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b}; and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to defer the requirement for the installation of a sidewalk, at this time, for the property located at: 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the ~ r~~.a, s~ ~ ~ right-of--way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 200_. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to forrz~ and sufficiency: City Attorney WITNESSES: {Please type or print name} Mayor OWN By: (Please type or p mt name) {Please type or print name) 2 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200_, by (name of person acknowledging). Signature of I'~otary Pubic -State of Florida Print, Type, or Stamp Comrnlissioned Name of Notary Public Personally Known OR Produced Identification Type o en i ica ion Produced: `s~YP~, T~ACIE J® ~3C~`~~IT®~ r°~' ~+': -": "~ MY GQf~N#1SSION # ~EEl24U19 'V9 ~t~ ;gQFrt~o,; EXPIf2ES SeptBmber U7 2014 (407) 398-0155 FlondaNotaryServ~caxiom 3 GULF STREAM COMMERCIAL CENTRE LrnrroN rRUSs I~ COUNTY SAN! TA TION SECURITY ~ SELF STORAGE ONE ~ LlNTON BLVD. L I N T O N -,--~ ,- ~ _ ~ ~ COLLINS AVENUE 1 NAR80UR '` 51DE ~O' ~~. X ~ ROMAINE O ~. DELRAY J' ` " NAR80U EDGE PLAZA NYAN TREE AT LINTON VILLAGE DELRAY WOODS ~ BANYAN ~Q' TREE LANE ~~ NAR80URS EDGE ~P OLD HARBOUR ~ O PLAZA ~~ B O U L E V A R D ROYAL SUN BANK PALM NA TlONS MORTGAGE BANK BURGER L!N TON KING CENTER DELRAY INDUSTRIAL PARK 50L1D WASTE J TRANSFER `a STATION ~ g 0 s s t~;=Lr;~~i 1 Z MILLER '~ i !!•1Cr1~f1 FIELD ,b'i= F'r '1_ i~"i z DAN BURNS MILLER OLDSMOBILE PARK f ED MORSE If CA _w '~ DELRAY o SNERWDO PLAZA GMG TRUGKS N SUBJECT DELRAY CHRYSLER JEEP DODGE PROPERTY 2102 SOUTH FEDERAL HIGHWAY CITY OF DELRAY DEACii, FL LD LOCATION MAP PLANNING & ZONING DEPARTMENT pIGlTAL BASE MAP SYSTEM -- MAP RpF: S:\Planning &Zoning\DBMS\File-Cab\Z-LM F401-1500\LM1224_DELRAY Chrysler, Jeep and Dodge SITE PLAN REVIEW AIV®APPEARANCE ~®AR® CITY OF DELRAY BEACH --- STAFF REP®RT--- MEETING DATE: November 18, 2D1o AGENDA ITEM: IV.A. ITEM: Delray Chrysler Jeep Dodge -Consideration of a Class IV site plan modification, landscape plan, and architectural elevations associated with the construction of a 17,610 square foot showroomloffice. GENERAL DATA: OwnerlApplicant .......................... Delray Motors, Inc. Agent .......................................... Miklos & Associates, P.A. Location ...................................... West side of South Federal Highway, approximately 600' south of Linton Boulevard. Property Size .............................. 13.86 Acres Future Land Use Map ................ GC {General Commercial) Current Zoning ............................ AC {Automotive Commercial) Adjacent Zoning ................North: AC {Automotive Commercial) East: AC {Automotive Commercial) & PC (Planned Commercial) South: AC {Automotive Commercial) West: CF (Community Facilities) Existing Land Use ...................... Automotive Dealership Proposed Land Use .................... Construction of a 17,61 D square foot showroomloffice. Water Service ............................. Existing on site. ~ ~ _ ~ ~,< w,wmvs -:_-:_.::_.__-.. m ireAna - ~ u ,~ ~~ ~ ~ ~~• ~, ~, ~~ ~' ~;~ LIN TON 8~0 LEVA AO Oyu SVN 81111! ,~ ~>~ ~~ maY uanrwvu. ANA ~,~~ =_ a~~~ "~" - >~ P~ __~ ter. - ~ ~~ rs ~G'1 G!1lIFY MEflfE9 u-Wr CMLMY 1819TH MOFSE 51RYW Y06QI~ ~ A~AZ~1 ~~ J.Wlf3 'FERMfRU ifAY9A - -- ~ N lV.A. ITEM BEF'ORf= TH'E BARD The action before the Board is approval of the following aspects of a Class 1V site plan modification for the Chryster Jeep Dodge @ Delray Motors Site, pursuant to LDR Section 2.4.5{G)(1}(d): ^ Site Pian Modification; ^ Landscape Plan; and, ^ Architectural Elevations. The subject property is located on the west side of South Federal Highway, approximately 610' south of Linton Boulevard (2102 South Federal Highway) and contains 13.56 acres. BACKGROUND I Delray Lincoln Mercury was established in 1960 and expanded a number of times through the 19605 and 1970s. A body shop was added in 1986. In 1987, a 2.71 acre parcel located to the south of the existing site was annexed into the City and incorporated into the site. The Delray Lincoln Mercury dealership has an extensive land use history. Following are the most recent land use actions: At its meeting of June 28, 1995, SPRAB approved a major site plan modification for the addition of a 7,800 square foot service building and a 4,500 square foot auto detail building on Tract "A", and additional bullpen and employee parking on Tract "C". The service and auto detail buildings have been constructed, however the construction of the parking on Tract "C" never occurred. Meanwhile, in October of 1995, anon-impacting site plan modification was approved for Tracts "A" and "B" which involved miscellaneous parking lot and landscape improvements. With this modification the area along Federal Highway was redesigned to accommodate the required twenty-five foot (25') landscape strip. On November 20, 1996, SPRAB approved the construction of a 1,076 square foot used car facility on Tract "C" along with associated parking and landscaping. On June 6, 2001, SPRAB approved a Class IV site modification for the demolition of a one- story 4,614 square foot building and construction of an 15,727 square foot office/storage building. This building has been constructed. On July 15, 2002, SPRAB approved another Class !V site plan modification for two 6,929.30 square foot two-story showrooms. The site plan was never certified for meeting the conditions of approval and the site plan has expired. An application has been submitted to construct a new showroom along the north-central portion of the property and is now before the Board for action. SPRAB Staff Report Class IV Site Dian Modification, Landscape Plan and Building Elevations for Chrysler Jeep Dodge @ Delray Motors Site Page 2 PROJECT DESCRIPTION- The development proposal incorporates the following: © Construction of a new 17,610 square foot showroomlwrite-up building; and ^ Reconfiguration of the interior landscape area, parking and drive aisles in the immediate area surrounding the new showroomlwrite-up building. E 5[TE PLAN -MOD11=_L'CATION `ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. LDR Section 4.3.4 K Develo meat Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the AC zone district: _. _ _ Standard= Provided Maximum Building Height 48' 24' 4"* Minimum Building Setbacks Front (East} 15' 140' 10" _ _ Front (West) 15' 286' _ Side Interior (north) 0' 21' 11" Open Space 25% 19.9%~~` *Per L.DR Section 4.3.4(J), the building height must be based on the average of the mean elevations of Federal Highway and Old Dixie Highway rather than the finished floor elevation as noted on the building elevations. Thus a technical item is attached that the building elevations are revised to accurately depict the building height. ~~The property is currently nonconforming with respect to the open space provided. As noted in previous modifications, it was thought that the existing open space was 17.6%. However, the applicant has conducted a detailed study of the existing open space and found that the site actually contains 19.9% open space. The proposed modification maintains an open space of 19.9%, primarily, by converting paved area on the east side of the existing showroom building #200 to open space and around the proposed showroom. Overhead Doors: Pursuant to L.DR Section 4.4.10(G)(4)(a), service bay doors shall not be oriented toward any adjacent residentially-zoned property, except where currently existing, nor oriented toward any adjacent public street unless it can be demonstrated to SPRAB that it is not feasible to comply. The overhead doors associated with the proposed get-ready building at the new showroom are SPRAB Staff Report Class IV Site Plan Modification, Landscape Plan and Building Elevations for Chrysler Jeep Dodge @ Delray Motors Site Page 3 oriented towards Federal Highway and Old Dixie Highway. These overhead doors are located approximately 194 feet from Federa! Highway and approximately 320 feet from Old Dixie Highway. Given the distances involved from Federal Highway and Old Dixie Highway and intervening screening provided by interior and perimeter landscaping, these doors will be sufficiently obscured from the roads. In order to maintain a high level of community appearance, the City has typically sought to have decorative doors installed for these get-ready facilities. The applicant has provided details of the overhead doors. The doors facing Federal Highway will be decorative; however, the doors facing Old Dixie Highway will be metal mesh roll downs. In order to maintain that high degree of community appearance, it is recommended that the decorative doors be installed on the west side of the get ready building and this is attached as a condition of approval. Lighting Restrictions: Per LDR Section 4.4.10(G}(6}, the exterior lighting fixtures shall not exceed 25 feet in height. The photometric plan does not include a graphic representation of the light fixture and light poles that indicates the overall height. A condition of approval is attached that the photometric plan be revised to include an elevation detail of the light fixture and poles that includes the height dimension (25-foot maximum). Per LDR Section 4.4.10(G){6){b), the maximum illumination level is 40 foot-candles in the area around the proposed building. The proposed photometric plan complies with this requirement since a maximum illumination of 26.3 foot- candles is proposed. LDR Chapter 4.6 Supplementary District Regulations: Parking: Pursuant to LDR Section 4.6.9(C)(3)(f), automobile dealerships are required to provide 4 spaces per 1,000 sq.ft. of total floor area, excluding indoor display areas. With regard to the parking requirements, the entire site was taken into account. The site plan indicates that the entire property will contain a total of 121,140 square feet of total floor area (excluding indoor display area). Thus, a total of a 485 parking spaces are required for the property and 560 are provided with the development proposal. Required parking spaces must be designated for employee, customer, andlor service use at the standard of, at least, 1.5 spaces per service bay and 2 spaces per 1,000 sq. ft. of floor area (less indoor display area). Any remaining spaces may be used for display purposes. The automotive dealership contains 147 service bays and 74,580 square feet of non-indoor display arealservice bay area. Based on this, the dealership must designate a minimum of 371 spaces for employee, customer, andlor service use. The remaining (189) parking spaces may be used for display purposes. The site plan complies with this limitation as 97 of the parking spaces will be designated for display purposes. The remaining 463 spaces will be designated far employee, customer, andlor service use. Sidewalks: Pursuant to LDR Section 6.1.3(8), a 5-foot sidewalk is required along the east side of Old Dixie Highway. The DSMG (Development Service Management Group) confirmed this at its meeting of November 4, 2010 and noted that the sidewalk be installed concurrent with this development SPRAB Staf€ Report Class IV Site Plan Modification, Landscape Plan and Building Elevations for Chrysler Jeep Dodge @ Delray Motors Site Page 4 proposal. Thus, a condition of approval is attached that plans be revised to indicate the sidewalk prior to certification of the site plan. Technical Items: While the revised site plan has accommodated most of the staff concerns the following item remains outstanding, and will need to be addressed prior to certification of the site plan unless as otherwise stated; 1. That the building elevations are revised to accurately depict the building height based on LDR Section 4.3.4(J). 2. That all plans are revised to be consistent. 3. That signage is not reviewed or approved as part of the site plan process. LANDSCAPE- ANALYSIS A landscape plan has been submitted and evaluated by the Senior Landscape Planner. The new landscaping consists of Silver Buttonwood trees, Live Oak, West Indies Mahogany, Cabbage Palms, Pink Trumpet, and Montgomery Palms. The landscape areas will be under planted with annuals, Variegated Schefflera, Cocoplum, Crinum Lily, Golden Dewdrop, Green Island Ficus, Dwarf Firebush, Pink Ixora, Wax Jasmine, Latan Palm, Macho Fern, Sword Fern, Split-leaf Philodendron, Lady Palm, Majestic Beauty, and Awabuki. The Senior Landscape Planner has identified a technical item that needs to be addressed prior to certification of the site plan and this is noted below. The revised landscape plan provides a diverse and aesthetically pleasing palette. The proposed landscape plan complies with the City's Land Development Regulations (Section 4.6.16}, provided the technical items noted below are addressed: Terminal Landscape Islands: Per LDR Section 4.6.16(H}(3}Q}, each row of parking spaces shall be terminated by landscape islands. Further, per LDR Section 4.6.16(H){3)(i), these landscape islands are to contain a minimum of 75 square feet of plantable area, with a minimum dimension of 5 feet exclusive of the curb. There are two instances along the west side of the building where the required terminal landscape islands have not been provided. A condition of approval is attached that the plans be revised to provide the required terminal landscape islands, which may result in the elimination of two parking spaces. Landscape Technical Items: The following Landscape Plan item remains outstanding, and will need to be addressed prior to certification of the site plan. 1. That xeriscape principals are recommended within the new parking landscape strip that would include replacing the proposed shrubs andlor groundcovers. SPRAB Staff Report Class IV Site Plan Modification, Landscape Plan and Building Elevations for Chrysler Jeep Dodge @ Delray Motors Site Page 5 ARCHITECTURAL ELEVATIONS Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. (1} The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The architectural interpretation is a contemporary commercial design. The main entrance feature of the front facade will have an Alucobond clear anodized light brush (silver} finish and the arch will have an Alucobond mirror finish around the arch. The remainder of the front facade will have a s#ucco finish that will be painted Pelican Gray (dark bluish-gray} on the lower portion and Gray Tint (light bluish-gray} on the upper portion. The building sides and rear will have a stucco finish that will be painted Pelican Gray on the lower portion and Gray Tint on the upper portion. The proposed architecture is a non-descript interpretation that is commonly found in the automobile industry. This building will be harmonious with the existing buildings on the property, which are also of a non- descript nature. Thus, a positive finding with respect to LDR Section 4.6.18(E} can be made. - -, _ REQUIRED -FIN=DIN=GS Pursuant to Section 3.1.1 {Required Findings}, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: Section 3.'1.1 [A) -Future Land Use Map:. The subject property has a General Commercial Future Land Use Map designation and is currently zoned AC (Automotive Commercial). The AC zone district is consistent with the Genera! Commercial FLUM designa#ion. Pursuant to the LDR Section 4.4.10(B), within the AC zone district, full-service automobile dealerships are allowed as a permitted use. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Section 3.1,1 {B~- Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste. SPRAB Staff Report Class IV Site Plan Modification, Landscape Plan and Building Elevations for Chrysler Jeep Dodge @ Delray Motors Site Page 6 Section 3.1.1 {C) - Consistency {Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 {D~ -Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Section 2.4.5 {F)[5) -Compatibility {Site Plan _FEndir~gs_ ): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered on the north by PC (Planned Commercial) zoned property, on the south by AC (Automotive Commercial} zoned property, on the east by PC and AC zoned property, and on the wes#, across Dixie Highway and the FEC Railroad right-of-way by I (Industrial); CF (Community Facilities); and, OSR (Open Space and Recreation) zoned properties. The existing land use to the north is the Delray Veterinary Hospital and Linton Towers; to the south is Maroone Chevrolet; to the west across Old Dixie Highway and the F.E.C. Railroad, is Miller Park, Solid Waste Authority transfer station, and light industrial; and, to the east are the Tropic Square Plaza and Delray Mazda. A finding can be made that the proposed expansion to the dealership will be compatible and harmonious with the adjacent properties. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive ,Plan was conducted and the following is noted: Future Land Use Element Policy A-2.4: Automobile uses are a significant land use within the City and as such they have presented unique concerns, In order to properly control these uses and guide them to locations which best suit the community's future development, the following shall apply: 4} Automobile dealerships shall be directed to the following areas: ^ North of George Bush Boulevard, between Federal and Dixie Highways; ^ East side of Federal Highway north of the north property line of the Delray Swap ShoplFlea Market; ^ South of Linton Boulevard, between Federal and Dixie Highways; ^ Between the one-way pairs (Federal Highway}, from SE 3rd Street to SE 10th Street; and from N.E. 5th Street to George Bush Boulevard; SPRAB Staff Report Cass iV Site Plan Modification, Landscape Plan and Building Elevations for Chrysler Jeep Dodge @ Delray Motors Site Page 7 ^ On the north side ofi Linton Boulevard, between I-95 and SW 10th Avenue, and along Wallace Drive. The subject property is located between Federal Highway and Dixie Highway and south of Linton Boulevard, which is within the identified area. The proposed development furthers the City's stated policy with respect to directing automobile dealerships to a particular area of the City. ~~ REVIEVI! BY OTHERS The development proposal is not located in an area that requires review by the CRA (Community Redevelopment Agency) or DDA (Downtown Development Authority). Courtes Notices: Special courtesy notices were provided to the following homeowners and civic associations: ^ PROD ^ Neighborhood Advisory Council ^ Tropic Harbor HOA ^ Pelican Harbor HOA ^ Tropic Isles HOA ^ Pelican Pointe HOA o Tropic Bay HOA Letters of support and objection, if any, will be presented at the SPRAB meeting. A-SSE55MENT AN=D CQNCLUSION=_ _~ The development proposal to construct a 17,610 square foot showroomloffice building will be consistent with Chapter 3 and Section 2.4.5(F)(5) of the Land Development Regulations, and policies of the Comprehensive Plan provided the conditions of approval are addressed. The proposed showroom is architecturally consistent with the existing buildings on the property. The development proposal is compatible with the adjacent commercial properties and will be an enhancement to the area. ALTERNATIVE ACTIONS A. Postpone with direction. B. Move approval of the request fora Class IV site plan modification, landscape plan and architectural elevations for Chrysler Jeep Dodge @ Delray Motors, 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 Sections 2.4.5(F)(5} and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for a Class 1V site plan modification, landscape plan and architectural elevations for Chrysler Jeep Dodge @ Delray Motors, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive SPRAB Staff Report Class IV Site Plan Modification, Landscape Plan and Building Elevations for Chrysler Jeep Dodge @ Delray Motors Site Page 8 Plan and does not meet criteria set forth in Sections 2.4.5{F)(5) and Chapter 3 of the Land Development Regulations. : STAFF? RE=COMMENDATION By Separate Motions: Site Plan: Move approval of the request for Class IV site plan modification approval far Chrysler .Peep Dodge @ Delray Motors, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(1=)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Address all Site Plan Technical Items and submit four copies of the revised plans. 2. That decorative overhead doors be installed on the west side of the get ready building. 3. That plans be revised to indicate the required 5-foot sidewalk along Old Dixie Highway. 4. That an elevation detail of the light pole and fixture that indicates the proposed height {25-foot maximum}. Landscape Plan: Move approval of the request for landscape plan approval for the Chrysler Jeep Dodge @ Delray Motors, 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 Sections 4.5.16 of the Land Development Regulations. 1. That the plans be revised to provide the required terminal landscape islands. Elevations: Move approval of the request for architectural elevations for Chrysler Jeep Dodge @ Delray Motors, 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 Section 4.6.18{E) of the Land Development Regulations. Attachments: • Appendix A • Appendix B Site Plan, Landscape Plan, and Building Elevations Report prepared by: Scott D. Pane, Senior Planner, AICP, FCP SPRAB Staff Repor# Class IV Site Plan Modification, Landscape Plan and Building Elevations for Chrysler Jeep Dodge @ Delray Motors Site Page 9 APPENDIX =A CONCURRENCY FINDINGS ' Pursuan# to Section 3.1.1{B) concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements far the following areas: Water and Sewer: ^ The building will be served via lateral connection to an existing 6 inch water main along the north side of the property. ^ Adequate fire suppression will be provided via installation of a Fire Department connection along the east side of the building. ^ Sewer service will be provided via lateral connection to an existing 24 inch sewer main along Federal Highway. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Drainage is to be accommodated via sheet flow to catch basins that drain to an exfiltration system. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining a surface water permit. Streets and Traffic: A traffic statement has been submitted that indicates that proposed show room will generate 561 net new average daily trips and 39 p.m. peak hour trips. A finding of concurrency has been received from the Palm Beach County Traffic Engineering Division. Based upon the above, a positive finding can be made with respect to traffic concurrency. Parks and Recreation Facilities: A finding of concurrency is not required for the non-residential project. Solid Waste: Trash generated each year by this development will be approximately $1 tonslyear. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2024, thus a positive finding with respect to this level of service standard can be made. School Concurrence: A finding of concurrency is not required for the non residential project. APPENDIX A STANDARDS FOR S_1=TE :PLAN ACTIONS APPEN©1X B A. Building design, landscaping, and lighting (glare} shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X (Provided the condition of approval regarding the height of the light poles and fixtures is fully addressed} Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent 1=. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential #o negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. 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W W ~~ ~ 4 0 q W Q i~ ,6£'888 MNOE,55p981V MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: January 11, 2011 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 REQUEST FOR SIDEWALK DEFERRALS/ MELALEUCA ROAD ESTATE ITEM BEFORE COMMISSION The item before the City Commission is the approval of sidewalk deferrals for Seasage Drive and Melaleuca Road for the property at Melaleuca Road Estate. BACKGROUND The subject property is 0.44 acres. It lies within the Seagate Overlay District and is located on the southeastcorner of Seasage Drive and Melaleuca Road. The property is zoned Single Family Residential (R-1-AAA) and the applicant proposes to construct a new two-story single family residence. The owner wishes to defer construction of a five foot (5') sidewalk adjacent to the rights-of-way along Seasage Drive and Melaleuca Road. No other sidewalks exist on either side of either road. At its meeting of July 15, 2010, the DSMG supported both of the sidewalk deferrals. Pursuant to the agreement, the owner will construct the sidewalks along Seasage Drive and Melaleuca Road at its sole cost and expense at a later date, after being requested to do so by the City. The agreement has been reviewed by the City Attorney and has been approved as to form. RECOMMENDATION Move approval of the agreements to defer the construction of sidewalks along Seasage Drive and Melaleuca Road for the property known as Melaleuca Road Estate. .~~ p~E ~ ~ ~~~ y ~~ ~ 'H.. - 2 k t y _.:. ..r ~ ~~,~, ~ 'tom' 4' 3 ~ ~p ~ r. _ „ v ~ r r ~ ~ ''- ~ t a .. n '~j r ~ ..3.i. tip. ~ ra,- '[~Fh '~ r ~~ ^~~AC3 ES"fATES ~~~ r r ~x -~ ~ 1 V t ., 4 ~c~~~ ~ y ~~yy ,,~~ t ; r 'k1~ f` 't" ~,, , i E. ' ~ ~ R. ~+ ~ i ~ ~ ~ ~1 c , • ~ ~ ~~ t , t''~i ~ r= ~„ °a.. ~ ~ tt~ _ ~ } ,~~~i ,~ ~ t slat x '} t { c ~ r ~' ~•R'„r_-~ .tom YY ~. :;~' 3 ~ 1 ` # ~ Y } [' _ ~ ~} ~ ` ~. "h -s-~' 1 E~ Y ~ S d xi ~ '~" y,a ~3 -ran . ~ ri ~_dS- ..~~ar ~`~' "~ s -n,S „ p .. ,~t'S "j f'y: ~ ~~ o ~n: ~+'.~u, ...._ ~ sue. ~' - y rte' v i ~ F, ~ . t~ , ~. ~. ~ - ~ :,., y r ~ ~' r t^ } ~.~ _ :" ~~SY .. ... in ~ ~ a X` ,.*s'm .~v+,r-v..-a...V. vtnwN.»r«.-""" ^5<....~ -ti~'' y fS£~~ "y., .r.'~ ~ yetis uut~ :: ,~`.~t ;~` s- r, r W !"~ ' 4.~ ~ f lt^` ?1~ ~ ( .x 7 s ~~ t "~s.. mw~C' ~ -~T ~ t r }~1 1 1..~.. y_ ~~pt,, L T. T ~ ~ !! ~~'t`'r ~~ E ~ ~ s r ~ rur µi ~ ~ ~ '~'~.F' ~" , .. '>A'~~~ ~ MELALEUCA R®AD ESTATES . M }J' -~"~~'~! ~`~~~~~ ~~~ PLANNING AND ZONING DEPART~IIENT AERfAL MAP -- DIGITAL BASE MAP SYSTEkI -- U:\AutoCAl]\goug Smith\1~Aeloleuce Road Estotes._Aerial ~~ns.~~.zrH~Zr~ s~NOr Q~~H~~ _ a~~, ~~;~ d cpuoly'4~'~H .CuI°U - a ',z r-i ~^ ~ k ~ T _ ~ epuol f~yxag .ce~laU e w a r ~ 8 - ~t Y~'I 2 a OLY IH-Elo'L "~ _ ~ f~~ Eao ~ a ~ ; m ~ ~ ~ a.L.v.~sa avox v~na-ron3w ~ ~ ~ o ; # ~ ~ ~ r~ _ ME_ LALEUCA_ ~ ROAD I ++1 !v ~+ - ~_ r 1 Z ~ a I~ 1.. ~~ I r ~ i ,~ ~IIf1l 3 I ~ 4 I ~ O !I ~ ~, ~, f N IM Q III ~- Q I ~ ~ 4 ~ ~- f 1 Qi ~ ~, yIi i ~1 III l ~ ~~ y v + f a3nvd © N n 0 9 1 5 3 M vc. cLJRL3 {ti~nn to 1HOla ,sc) ___ ~ aMO~ eon~~v~~w___ __ - -~- - - r N V l q 3 W O N (1 0 9 1 S V 3 ~ ~~ n~ a 3nyd 3"I0HN7YV i511'.NO~ dNV ~ NISVB H~iV~ H~fIOZjHl ~ ~ q a r '~ iS3M-iStl3 SNLIa 3did r ~ 3~VNI7aU „ZL ~3i0N % 4.18 FH 3lVM NIS~JB HUiV~~ ~ R POLL ~ I 3l0FINtl1N rl ~,u,~ ~cnaNOO ;~,~5~66 ~nan Fnd _ - _-- •:~ f ~ ~---- ter, ~ } ~~ . ~ i ~ ~ ~ a~ ~ ~ ~~ ~ ~~ ~ ~.osz .~ ~ ~ i e ' ~ .E I ¢ f w N ~L_____ ~, ~~~ y .~. - ~n - as _ _.....-+- ~ . ..... ...... ..... _ _ ___ __ _~- 4_.. .cam ~ ~ d I m i ~ r i~ ] ~ ~1 W ~ i i r~ Z ~. ~ ~ I x I ~~r ii ~ ~i i f ~ j ~l~~ - o~ it ®~ ~ ~ ~ h t ~~~ i ~~ ~~' w~~ ~ I ~~I ~ ~ I ~ j i ~ " ~ f ~ ~ ~ 1~ ~ ~ 1 P abgs~~= f ~ 41 ~~ ~ ~s ~~l ~l l~ ~ l~ l j ~ ! ~~ I ~ ~p ~ o u ii n ii ~_ ~ ~ I~~ I ~ S l I ~ y~~ ~ ~ I-~__ _.___ ...._____..._. _ ..._._-J-- ~ ~ ~~~~~ ~ ± ~-=m'- jai .~a~~a ~.-_-.-.~E.1-, a . .-, sEr I.R.- of ~loo~e 6L~~~ G o.L o v Foy h3nans ~ ind oL H~o~n +6S S lOl ~ ~ O ~ ~ ~ _~ ~ m ~ ~ x ~ ~ ~ d ~ ~ 4 ~ ~ ~ ~ ~ W 1 ~ r~ R ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ Nd ww m g ~ ~ ~ ~ A ~ F-I ~ ~ F ~ x ~ ~ ~ sa~ ~ ~ ~ ~~~~ I ~~ 9~ I ~~ ~>~ f~ ~ C II ~o I w ~~ ~ a ~ 3 ~ ~ I~ a ~~ ~~ o ~ ~ `o ~~ ~ r~ 0 FouNQ +s.o I.R. Prepared By: RETURN TO: R, Brian shaft, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 3344 AGREEMENT FOR STi)EWALK IMFR4VEMENTS THIS AGREEMENT entered into this day of ~~~~~.,..~3Y1/Y 31~ 4~~rJ ~~ 3 ~;;..:.. 24J, between the City of Delray Beach {hereinafter the City) and !~~ ~ 6~e.lr~,..l~,~'~°~ereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along ie.~~ ~ ~ ~ ~ i 4 until such time as the City requests the construction of the sidewalk by the 4woex. WHEREAS, Land Development Regulation. section 6.1.3(C} requires the installation of a sidewalk, wit3iin the ~ ~ ~ ~' right-af--way imm~diateiy shutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested s waiver from the requirement of the installation of a sidewalkpursuant to Land Developt~aent Regulation Sectiotx 6.1.3(D)(1}{b}; and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner Construct the sidewalk. Page I of 3 WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirexxient far the installation of a sidewalk, at this tixae, for the property located at: ~e . ~~~ .c..~ ~,fa~, Rocs ~ ~.~~-ra~ ~.T_ 1. The Owner agrees to construct a sidewalk, at its sole cast and expense, along the ~~~ ~~., ~~,} ('~~right-of-way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewallc, when constructed, shall meet all of the current ordinances of the City of Deh~ay Beach. 2. It is the intent of the parties that this Agreement shall ruxi with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding an the parties legal representatives, heixs, successars and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 20_. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayan Approved as to .form and sufficiency: City Attorney WITNESSES: ~-'~/~...~~ ~~ OWNER: Page 2 of 3 ~C~.~C. l~~ ~~P~- By: (Please type or pant name) i - ('lease type or print name) STATE OF~~'L- ~ ) COUNTY OF ~~vv. P~~ ) BEFORE ME ersonall a eared ~, p Y pp ~~~~- ~~~~n who~[a~] [are] ; i personally known to one or [has] [have] produced [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument far the purposes expressed therein. I WITNESS my hand and official seal this ~~. day of ~~~,... , 20«? ~_ =, ~ r ~ 4 ~ My commission expires: 2 , ~~ }'~ I `"`--- taty PubIi (signature) v~y ,. ~~'t~~9 BU~~ :~ fV1Y CpM~+4ES1~~1 ~ 0872012 ~~ ~ ~XpiR~5 pegtua~f +' FhAdaHat9 8ervlca.wm 153 (Seal) .~.._-- '.~ ' , "hi' : ` .ci.r,,.c ry.06, 201' -• - 407 399A5iC~ i._ ~r.I,tir,l• -- ::etvlCe.c6in ' - - - .: ~~: agt7s~dewalk cleCerral agreemen# Page 3 0,x'3 Prepared $y: RET[7RN TO: R. Brian Shutt, Esq. City Attorney's Office X00 N.W. Ist Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK iMPR4VEMENTS 4 ~ , .W, , - .:~., s~ NOU ~,~ 2~~it1 !;_ THIS AGREEMENT entered into this day of 20~,, between the City of Delray Beach (hereinafter the City) and 4~3 k~et ,_1~.~ ~'l"~iereinafter ~e Owners}, for the purpose of waiving the requirement of the °1 installation of a sidewalk along Lt~~ 3 ~i1~.a until such time as the City requests the ,~ construction of the sidewalk by the Owner. .F '4~TI~REAS, Land Development Regulation Section 6.1.3(C} requires the installation of a ~f ~ ri t of wa immediately abutting the subject sidewalk, within the ~ C~ ~.~1-v`~- ~ - y pmpe~, by the Ownex prior to the issuance of a eertif care of occupancy; and, '~ WI-AREAS, the Owners have recluested a waiver from. the requirement of the installation of a sidewalk pursuant to Land I]evelaprrnent Regulation Section 6.1.3(D){1}(b); and, V~I~REAS, in oxder to provide conformity along the street the City Caxnmissian voted to waive the requirexr~ent for the installation of a sidewalk until such time as the City xequests the ', ~ Owner construct the sidewalk. a I Page 1 of 3 WITNESSETII NOW, THEREFORE, zn. witness of the above and in consideration of the City agreeing to waive tlxe requirement for the installation of a sidewalk, at this time, for the property located at: L ~~ ~~~ -~ 1 ~c z ~ 1. The Owner agrees to construct a sidewallc, at its sole cost and expense, along the ~~. "~ .°right-of-way abutting the subject property, within a time period that is acceptable to the City, aftex being requested to do so by the City_ The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with tl~e land. This Agreement shall be recorded in the public records of Palm Beach. County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHERIwOp', the parties to this agreement set their hands and seals this day of , 2~_. ATTEST: CITY OF DELRAY BEACH, FLORII]A 13y: City Clerk Approved as to form and suff ciency: City Attorney . WITNESSES: i~~~~ ~`~'~~J Mayor OWNER: Page 2 of 3 f~ r~.r c~ ~'u ~ ~ ~..~ (Please type or print rzarr>.ej (Please type ox px~nt name} STATE OF , _, COUNTY OF By: BEl'ORE ME personally appeared 'C~. ~~-ilJl~1 who is ~are~ personally known to me or [hash [have] produced hand respectively] as identification, and vvho executed the foregoing instrument, and acknowledged before me that the] [shed (they] executed said instrument for the purposes expressed therein. WITNESS rs~y hand and official seal this ~ ~ day ni' ~ ~~ , 20 ~ ~ .r--'.. - My commission expires: atary ~ubli ~sig-nature] ~~~•~~- (Seal) ~~''rYPU ~Ftp-NDI [°1t1Gl~E~° ~'- .. n a"; *: MY ~o~AMIS5101~! # pD75575~ ' 6Xl~iR~S February OB, 2412 `,. gp7jgg6-6153 FlazidaNotarySecvlce.com agtlsidewalk deferral agreement Page 3 of3 MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: January 12, 2011 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 ACCEPTANCE OF A LIMITED ACCESS EASEMENT AGREEMENT/ 316 ANDREWS AVENUE ITEM BEFORE COMMISSION The item before the City Commission is the acceptance of a Limited Access Easement Agreement associated with 316 Andrews Avenue. BACKGROUND The subject property is 0.344 acres. It lies within the North Beach Overlay District and is located on the southwestcorner of Andrews Avenue and Waterway Lane. The property is zoned Single Family Residential (R-1-AAA) and the applicant proposes to construct a 1,125 sq. ft. one-story addition to an existing 1,888 sq. ft. one-story single family residence. The owner wishes to have the front setback be interpreted from Andrews Avenue for 316 Andrews Avenue. The front of the house currently faces and is addressed on Andrews Avenue. However, pursuant to LDR Section 4.3.4(E)(3), frontage for corner lots is the side having the narrowest dimension along a street. Therefore, Waterway Lane is considered the legal frontage for this lot. Waterway Lane requires athirty-five foot (35') front setback which would not allow the proposed construction as it would encroach within the required setback. Pursuant to LDR Section 4.3.4.(E)(4), if a limited access agreement or limited access right-of-way runs the length of the frontage on a street, then the front of the lot shall be on a frontage without such access restrictions. The owners are proposing a limited access easement along Waterway Lane which would make the property line along Andrews Avenue their frontage. This would allow the proposed 1,125 sq. ft. one-story addition to extend to the required 1T side street setback along Waterway Lane. Approval of the attached limited access easement agreement is requested. The agreement has been reviewed by the City Attorney and has been approved as to form. RECOMMENDATION Move approval of the limited access easement agreement to allow the front setback to be determined from Andrews Avenue for 316 Andrews Avenue. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, Florida 33444 LIMITED ACCESS EASEMENT AGREEMENT This Limited Access Easement Agreement, made this day of , 2DD_, by and between with a mailing address of ,Florida 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, Section 6.1.2{B){7) of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides that reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the City under approved conditions. Such reserve strips shall be required, as Limited access easements, along all arterial and collector streets except for approved points of ingress and egress; and WHEREAS, vehicular access onto WATERWAY LANE from the property described in Exhibit "A" is impracticable in this case due to IT IS THE SIDE OF HOUSE, NOT FRONT; and WHEREAS, the property owner wishes to have a limited access easement agreement over the side of the lot adjacent to WATERWAY LANE; and NOW THEREFORE, in consideration 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 the Limited Access Easement is needed so that vehicle access to the property described in Exhibit "A" shall be denied as to WATERWAY LANE. 3. The Limited Access Easement covers the area described in Exhibit "B". 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 transferred, assigned, sold or otherwise conveyed except in conjunction with the transfer or sale of the subject property. 1 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 fully in the negotiation and preparation hereof and, accordingly, this agreement shall not be more strictly construed against any one of the parties hereto. 6. This agreement may not be changed, altered or modified except in writing signed by both parties. This agreement shall be binding upon the parties hereto and their respective successors and assigns. TN WITNESS WHEREOF, the parties to this Limited Access Easement Deed set their hands and seals the day and year first above written. ATTEST: By: City Clerk Approved as to Form: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By: , Mayor PROPS TY OWNER STATE OF ~~~~lr~~ COUNTY OF ~,~~,6~?~ ~"A The foregoing instrument was acknowledged before me this ~~ ~y day of ~~s~~~~ , ~ee`~'by ~f~L ~ • ~~Z~~ , as ,~L>' ~Y~ ~ DGJdi1~l~ (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced {type of identification ide . -at' ~~ . S tore of Person Taking Acknowledgment Name Typed, Priri ,,,, „ ~" • LJNDA L. 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JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: January 11, 2011 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 REQUEST FOR SIDEWALK DEFERRALS/ 316 ANDREWS AVENUE ITEM BEFORE COMMISSION The item before the City Commission is the approval of sidewalk deferrals along Andrews Avenue and Waterway Lane for the property at 316 Andrews Avenue. BACKGROUND The subject property is 0.344 acres. It lies within the North Beach Overlay District and is located on the southwestcorner of Andrews Avenue and Waterway Lane. The property is zoned Single Family Residential (R-1-AAA) and the applicant proposes to construct a 1,125 sq. ft. one-story addition to an existing 1,888 sq. ft. one-story single family residence. The owner wishes to defer construction of a five foot (5') sidewalk adjacent to the rights-of-way along Andrews Avenue and Waterway Lane. No other sidewalks exist on either side of either road. At its meeting of January 13, 20ll,the DSMG supported the sidewalk deferrals. Pursuant to the agreement, the owner will construct the sidewalks along Andrews Avenue and Waterway Lane at its sole cost and expense at a later date, after being requested to do so by the City. The agreement has been reviewed by the City Attorney and has been approved as to form. RECOMMENDATION Move approval of the agreement to defer construction of sidewalks along Andrews Avenue and Waterway Lane for 316 Andrews Avenue. '° ~ N 316 A~1®REWS AVENUE . r } , ~ T PLANpEPARTMENT NING AERIAL MAP -- f1'CIFAL B4SE 1(M 573TEA/ -- tl:\AutnC~\~oug Smlth\~18 Andrr~ IwanuaJ4nrial EE~ ## gx . ~ ~ to yw ~9~ F~& S ~ A m ~ 9 0~ w N~ ~Ex~ §~ a °w Z a~ o O i " - S mass ~ ~ ~ ~ i wm ~ a~~~ €~p ~ ~ ~ - ~ ~ Q v m o a~~~ - ~ rn Q rc 4 a ~~~~ ~ a a Q o a Q a a " o ~~ emne e t ~ °z a y a a g #~~. r -- - '. ¢`nm¢ aar~ ?~ m a " a'. 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Brian Shun, l;sq. City Aitoz~ey`s Office 200 N.w. 1st Avenue. Delray ~eaoh, Florida-33:444 A~REEMEI®i`T >FOR SIDEWAX:R IlVIPRQVENIENTS THIS A~REEIVIENT entered into this day of , 2QQ_, between. the City of Delray Beach. (hereinafter the C%ty) -and G~"~ a.~1~~.~' {hereinafter the Owners), far tY~e purpose of waiving -the requirement of the installation of a sidewalk along }"' ~,~~~~ ~ until such time as the City requests the construction of the sidewalk by-the Ov;~rier. WHEREAS; Land Developr-ient Regulation Section 5.1.3{C} requires the installation of a sidewalk, v~rtl~,ri the right-of-wayfeasement immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; ancl, ~VHIJREAS, the owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D}(1}{b); and, ~IHEREAS, in order to provide conformity along the street the City Cotnxnission voted to waive the requirerzaent for the installation of a sidewalk until such tune as the City requests the t}wner construct the sidewalk. VsIITNE~SETH. NOVi~, THEREFORE,. in witness of the above and in consideration of the City agreeing to waive the requirement fox the installation of a sidewalk, at this tune, for the property located at: 1. The Ovcrner agrees to construct a sidewalk, at its sole cost and. expense,, along the ~~'/;~ ~~ ~ ~` eight-of-way/easement abutting the subject property, within a time period that is acceptable to the City, after being. requested to do sa by the City. The side~vaik; when constructed:, shall meet all of tine current ordinances of the City of Delray Beach, 2. It is the intent of -the parties that this Agreement shall run wti~ tine land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the-parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set (heir hands and seals this day of , 20 ATTEST; City Clerk. CITY` Of' DELRAY BEACH, FLORIDA By; Approved as to form and sufftcieriey: City Attot7ley ~1VITNES~ES: .._. {Please type ar print name) . (Please type or print name} Mayor OWNER: ~~ By; ,~~.~ ~' ~ 1 ~~ {Please type or print r~arne) 2 ~T~T~ ~F ~ . ~a~~ f '~ ~~UNT'~ of r~~~ r~-~~~::~°~~~ ~ The foregoing instxurnent was acknowledged before me this ~>~~ day of fa't~fP~ , ~~ , by ~-~~< ~51.~~~ t`' ~ .(name of person acknovaledging). 'gnature oFl~TbtaryPuiblic -State of Florida Print; Type; or Stamp Gornmissioned Name flf Notary P-zblic Personally Known UR Produced Identification Type of Identification Produced: „„; 3 ~.»r~A ~: ~~it.~c~t~ ~~ ~, .~ Gommis5icxf # ClD 877623 ' . Expires Nay 7, 2U93 ~ BvncIBdllNTmyG~k~$46~30.5~7a16 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 11, 2011 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 REQUEST FROM THE CREATIVE CITY COLLABORATIVE ITEM BEFORE COMMISSION Commission is requested to consider a request received from the Creative City Collaborative to authorize the quarterly voluntary solicitation of donations for cultural programs and to waive payment to the City of the printing and mailing costs estimated to be $4,170 for three (3) quarters. BACKGROUND Attached is an email received from Alyona Ushe on behalf of the Creative City Collaborative to authorize the printing and distribution (through the utility bills) of a voluntary solicitation of funds to be utilized by the Creative City Collaborative and to waive the costs estimated at $4,170 for three (3) quarters this fiscal year. A previous Commission had agreed to this quarterly solicitation. Prior to the hiring of an Executive Director, the City did this one (1) time. We collected approximately $2,011 and Commission did waive the payment of the costs. All proceeds were given to the Creative City Collaborative. Staff does not have a problem with resuming this solicitation on a quarterly basis, but feel that the Creative City Collaborative, which is an independent non-profit, should reimburse the City for our costs from funds they might receive. RECOMMENDATION Staff recommends consideration of the request received from the Creative City Collaborative. Page I of 3 Barcinsi'cii, Rober# From: Ushe, Alyona Sent: Monday, January 1€1,2011 3:04 PM To: Barcinski, Robert Subject: 1=W: Water bill Flyer Dear Mr. Barcinski: Below are the quotes for printing and distribution of water-bill flyers. On behalf of the CCC Board of Directors, 1 respectfully request that the City Commissioners consider forgiving these fees for the next three quarters of this fiscal year. The estimated total comes to $a,a.~0. The CCC has been tasked with programming for both the Warehouse and the Arts Garage designed to benefit Delray Beach economic development through arts and bring visibility to the Pineapple Grove Arts District. As a very young organization created solely to promote economic development in Delray Beach through culture and arts, we need the invaluable partnership with the City to achieve these goals. Thank you once again for your consideration. Warmest Wishes, Alyona Alyona Aleksandra tlshe Executive Director Creative City Collaborative Delray Beach Community Redevelopment Agency 100 NW 15t Avenue Delray Beach, FL 33444 Sb1-243-7327 ~ office 561.-245-07.8© ^' cell usheCa~mydeir~beaeh.com llnder>=lorida law, e-mail addresses are public records. ff yotr do not want your e-mail address released in response to apublic-records request, do not send electronic mail to this enffty. fnsfead, contact this office by phone or in wrifing. IFrom: Dechicchio, Rosanne Sent: Tuesday, 7anuary 04, 2011. 7,2;47 PM To: Ushe, Alyona Cc: Barcinski, Robert; Beldowicz, Donna; Reade, Richard; Smith, Douglas Subject: RE: Water bill Flyer Please note quote information regarding flyer insert with the utility bill: Quantity: 22,000 Paper. white, t?0 Ib, 8.5 x 11 inches Content: ~-color print Fold ~ insert: tri-fold for insert in utility bill 1 /10/2011 Page 2 of 3 ®eadlino: I*inal 8 business days prior to mailing date Total Cost: $1394.40 The flyer will not require additional postage. However, if another department requires an insert during this time, it is recommended to temporarily discontinue the flyer insert and resume fhe process once ail additional inserts are completed. ~y doing so, extra postage charges will be avoided. Contact me should you have any questions. ~sar~ne ~DeChitcl in Administrative Assistant Public Information Office City of Delray Beach {561) 243-7']90 dechlcchio@~»ydelra ybeach. com From: Ushe, Alyona Sant: Tuesday, December 28, 2010 5:24 PM' To: Dechicchio, Rosanne Subject: RE; Water bill Flyer Dear Rosanne, At your convenience, can you please email mean estimated costs to print, fold and put in envelops one page flyer far the Water bill (in color). Thank you and wishing you a happy and prosperous New Year! Alyona Alyona Aleksandra Ushe Executive Director Creative City Collaborative Delray Beach Community Redevelopment Agency 1n0 NW 1st Avenue Delray Beach, FL 33444 5b1-243-7327 ^' office 561-245-0180 ^' cell usheC~mydelraybeach.cam Under Florida law, a-mail addresses are public records. if you do not want your e-mail address released in response to apublic-records request, do not send electronic mail to this entify. Instead, contact this office by phone or in writing. From: Barcinslci, Robert Sent: Tuesday, December 28, 2010 5:20 PM To: Ushe, Alyona Cc: Dechicchio, Rosanne; Smith, Douglas; Reade, Richard Subject: RE; Water bill Flyer As we discussed need to shoot for February mailing. Get cut off date from l~osanne and approximate cost to print ] 11 x/2011 Page 3 of 3 fold and put in envelop. Then do another request with all of this info in it. I'll need by January 7~~' to get on the January ~8~' Commission meeting since only they can waive the costs. From: i.fshe, Alyona Sent: Monday, December 27, 2010 6:29 PM To: Sarcinski, Robert Subject: Water bill Myer Dear Mr. Barcinski, The Board of Directors of the Creative City Collaborative would like to resume including flyers with the water bill. If possible we would like to be included in the next water-bill cycle. In addition, it is my understanding that last time the flyers were distributed the city generously took care of reproduction costs. Please consider extending this offer to the CCC again. !look forward to hearing from you. Warmest Wishes, Alyona Alyona Aleksandra Ushe Director Creative City Caflabarative Delray Beach Community Redevelopment Agency 100 NW 1Sr Avenue Delray Beach, FL 33444 561-243-7327 ^' office 561-245-0180 ^' cell Ushe@ mydelr~beach,com Under Florida law, e-mail addressas are public records. i>: you do no# wan! your e-mail address released in response to apublic-records request, do not send electronic mail fa ibis entity. #nstead, cornfact this office by phone or in wri#ing. 1 11 0120 1 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 11, 2011 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 REQUEST DEPOSITS/RENTAL AGREEMENTS, CARNEVALE OF DELRAY BEACH ITEM BEFORE COMMISSION Commission is requested to consider a request received from Mr. Joe LaViola to extend the deadline for required rental agreements with Old School Square and the City and deposits from December 31, 2010 to January 31, 2011 for this event. BACKGROUND At the Commission meeting held on December 7, 2010, Commission approved the proposed Carnevale Delray Beach event with conditions. A copy of the letter sent to Mr. LaViola with the conditions is attached. Among other conditions, Mr. LaViola was to execute rental agreements with Old School Square and the City and make all deposits by December 31, 2010. Attached is an email request received from Mr. LaViola requesting that this date be extended to January 31, 2011. He indicates as a result of not being able to secure a date for this event in late 2010, he is experiencing sponsorship issues. However, he failed to indicate that he promoted a November date prior to consulting with the City as to availability. We worked with him to come up with the March dates. I do not think it would be a problem extending the due date for rental agreements and deposits to January 31, 2011 since he has made significant investment in this event, but would not recommend extending it longer. RECOMMENDATION Staff recommends approval of the request to change the due date for proof of execution of rental agreements with Old School Square and the City and payment of deposits to January 31, 2011 as requested. ~a~e 1 of 2 Barcinski, Roborii: Frorn; Joe LaViola [josephlavioia@msn.comj Sent: Tuesday, December 28, 2010 5:46 PM To: Barcinski, Robert Cc: Beidowicz, Donna; Peggy Murphy Subject: RB: Deposits Mr,B, Please proceed with my request. Thank you Jae LaViola Delray Beach Entertainment L.L.C. From: Barcinski@mydelraybeach.com To: josephlaviola@msn.com GC: beldowicz@mydelraybeach.com; pmurphy@oldschool,org Date: Tue, 28 Dec 2010 17:31:29 -0500 Subject; RE: Deposits As indicated in previous a-mails I do not have the authority to waive conditions set by Cify Commission. The earliest Commission meeting I can take this request to is the January 18~'. meeting. If you want me to proceed and take this request to that meeting let me know. However I cannot guarantee what their answer will be. The items that were due by 12131 were as follows: 1. Ivxecuted contract with Old School Square with payment of their deposit 2, I*xecu#ed rental agreement for the OSS Park use with our Parks and Recreation Department with full payment of rental fee 3. A deposit of $2,000 to the City. From: Joe LaViola [mailto:josephlaviola@msn,com] Sent: Tuesday, December 28, 2010 11:55 AM To. Barcinski, Robert Subject; Deposits Good Morning Mr B, I am sorry to bother you with this again. I have talked with my accountant on the dates for the deposits for our event. We need to request an extension on the deposits from December 31, 2010 to January 31, 2011. I have personally paid out a large amount of money far marketing for the other dates we were given, also for staffing and tv market the new date of March 2011. We have had companies who where going to sponsor the event with the 2010 dates. However they had to change there commitment because this is going to be in 2011. They are going to participate but have to put the funding in the 201.1 budgets. 1 2129120 1 0 Page 2 of 2 Sponsors as you know are an important part of any event, I have spent a lot of time working, so this event is a great success. Thank you for your help Joe LaViola i]elray Beach Entertainment L.L.C, CiE4 F ~~LW4 E~[H HEiRAY BEACH t i o a AII~America City f 1993 2001 iQ0 ~1.LV. isi RVEI`iUE ~ OEl_flAY BEACH, i;LORiOR 334x4 ~ 56112=t3-700Q December 9, 2010 Mx. Joe LaViola Delray Beach Entertainment, LLC 1222-C South Drive Way Delray Beach, FL 3345 RE: Carnevale of Delray Beach, March 25 - 2'1, 201.1 Dear lb1r. LaViola; On December 7, 2010 City Commission approved youx event, Carnevale of Delray Beach to be held on March 25 - 27, 2011 an the grounds of Old School Square and Old School Square Parr on March 25 & 26, 2011 from noon to 11;00 p.m, and on iVlarch 27, 2011 from noon to 10,00 p.m., staff support fox police assistance, EMS assistance, trash removal, cleanup, trash. boxes and event signage with the following conditions: 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 $2,000 by December 31, 2010, since this is a new event. Security deposit will be applied to the final bill. d. Receipt of Certificate of Event Liability Insurance, Alcohol Liability Insurance and a Hold Harmless Agreement (attached) by March 4, 2011. 5. Approval of private security plan and company by our Police Department. 6. An EMS SERV (Special Event Response Vehicle) Unit is required to be an site due to the large crowds expected. 7. Contact Florida Department of Professional Development two (2) weeks before event to arrange for an inspection (information attached}. S. Tents cannot be staked in the ground. Barrels ax concrete blacks to be used. 9. The event producer must provide City staff an electrical and water location plan at least two (2) weeks prior to the event. 10. No vehicles will be allowed to dxive on the grass axea of the Old School Square Park site. Walkways only to be for this purpose. 11. Event sponsor to provide onsite dumpstex and grease disposal equipment. l}:\vnvdata~Events\Carnevale Delray Beach~Ltr io ]oe LaViala re Approval of Carnevale pairay Beach 2011.doc c124/iCE ~~C12FQPrUAr1~1CE ~NTE6R.LTY rte- ESPONSI$LE ~fili~IQ~iATT1/E ~cANIbVQt? The estimated overtime costs for this event are $14,$00, trash boxes $245 and signage $250 for a total estimated cost of $15,2951, Per the Special Event Policies and Procedures, you are required to pay 100% of these costs Please contact Sgt. Jacobson at 561-243-7802 for police approval of your private security plan, Lt. Tabeek at 561-243-7426 for EMS assistance, Tixn Simrnans at 561- 243-7258 for trash removal, cleanup and trash boxes, Harold Bellinger at 561-243- 7338 for event signage, Carafe Pierpont at 561-243-7252 for the Old School Square Park rental and Peggy Murphy at 561-243-7922 ext. 301 for Old School Square Pavilion/site rental. if you have any other questions, T can be reached at 561243-701 I. Sincerely, Robert A. Barcinski Assistant City Manager RAB/db cc: Harold Bellinger Sgt. Jacobson Peggy M~PhY Carole Pierpont Tim Simmons Lt. Tabeek U:\5+nvdata\Everns\Carneva[e Delray Beach\~tr to !ae laViala re Approval of Carnevale flelray Beads 2011.doc MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 10, 2011 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 APPOINTMENT TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commisson for an appointment to the Financial Review Board. BACKGROUND At the City Commission meeting on January 4, 2011, Ms. Barbara Chester, was appointed to the Financial Review Board. Ms. Chester's application was inadvertently included as an interested applicant. However, she was appointed to the Board at a previous Commission meeting. Therefore, another applicant has to be selected from Exhibit "A". 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 the Financial Review Board for an unexpired term ending July 31, 2011. FINANCIAL REVIEW BOARD EXHIBIT A Applicants with experience in the professions required: Applicant Occupation Martin Cherry Executive Vice president John Hallahan Assistant Director of Operations/MBA Jeff Ritter Consulting/MBA (currently serving on the Police Advisory Board) AndrewYoungross Engineer/Susiness Owner Applicants interested in being an at-large-member: Applicant Occupation Nayda Cottone-Ovadia Nursing Assistant (currently serving on the Nuisance Abaterr~errt Board) Vicki Hill Construction Auditor Michael Park General Counsel FINANCIAL REVIEW BOARD 01/11 TERM REGULAR MEMBERS OCCUPATION EXPIRES 07/31 /12 Barbara Chester Leasing Manager & a~ o~/zo/1o Corporate Analyst 07/31/12 HowardEllingsw~rth,Q-iair AccoLmting Amt 10/20/09 PaT'~neT/CPA Reappt07/06/10 07/31 /11 Todd L'Herrot~ Vice Q~air Puniness Owner a~ 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 a~ 1o/zo/o9 07/31/12 Luise Piane Executive a~ 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/CityQerk/Board 11/Firiancial Re~riewBoard MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 5, 2011 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 ORDINANCE NO.02-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second readingfor a city initiated amendment to the Land Development Regulations (LDR) Section 4.5.3, "Flood Damage Control Districts", to add new regulations to conform to changes in State laws. BACKGROUND At the first reading on January 4, 2011, the Commission passed Ordinance No. 02-ll. RECOMMENDATION Recommend approval of Ordinance No. 02-ll on second and final reading. ORDINANCE N0.02-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, PY AMENDING SECTION 4.5.3, "FLOOD DAMAGE CONTROL DISTRICTS", TO PRING THE SECTION INTO COMPLIANCE WITH STATE STATUTES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the National Flood Insurance Program Act (NFIP) was adopted by Congress in 1968; and WHEREAS, the NFIP enables property owners in participating communities to purchase insurance protection from the government against losses from flooding; and WHEREAS, Florida Statutes Section 553.73(5) allows counties and municipalities to adopt by ordinance an administrative or technical amendment to the Florida Pudding Code relating to flood resistance in order to implement the NFIP or incentives; and WHEREAS, consistent with 44 C.F.R. §60.6, an administrative amendment may assign the duty to enforce all or portions of flood related code provisions to the appropriate agencies of the local government and adopt procedures for variances and exceptions from flood related code provisions other than provisions for structures seaward of the coastal construction control line; and WHEREAS, the City of Delray Peach desires to bring Section 4.5.3 into compliance with NFIP, Federal E mergency Management Act, and the Community Rating System; and WHEREAS, pursuant to LDR Section 1.1.6, the Plarn~ing and Zoning Poard reviewed the proposed text amendment at a public hearing held on December 20, 2010 and voted 6 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard sitting as the Local Plarn~ing Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY CONMSSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.3, "Flood Damage Control Districts", of the Land Development Regulations of the Code of Ordinances of the City of Delray Peach, Florida, be and the same is hereby amended to read as follows: Section 4.5.3 Flood Damage Control Districts: (A) Purpose and Intent: It is the purpose of this Overlay Zone District to promote the public health, safety, and general welfare, and to minimizes public and private losses due to flood conditions in specific areas by provisions designed to: (1) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion or in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve these uses, be protected against flood damage at the time of initial constnzctiory (3) Control the alteration of natural flood plains, stream channels, and natural protective bamers which are involved in the accommodation of floodwaters; (4) Control filling, grading, dredging, and other development which may increase erosion or flood damage; and (5) Prevent or regulate the construction of flood bamers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. (P) Application: (1) Rule: No structure shall be located extended converted structurally altered or used on land which is located within a special flood hazard area without full compliance with the terms of this Section. The Chief Pudding Official is responsible for the issuance of permits pursuant to this Section. (2) Location of Special Flood Hazard Areas: The regulations contained herein shall apply to all areas of special flood hazard within the jurisdiction of the City and as shown on the latest edition of the Flood Rate Insurance Map as promulgated by the Federal Emergency ORD. NO. 02-11 M(anagernent agency. (3) Restrictions: This Section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions, nor is it intended to repeal provisions of the ~ Florida Pudding Code. Where this Section and another provision conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (4) Interpretations: In the interpretation and application of this Section all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the governing body; and (c) Deemed neither to limit nor repeal any other powers granted under state statutes. (5) Disclaimer: The degree of flood protection herein required is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights maybe increased by man made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses pemutted within these areas will be free from flooding or flood damages. These regulations shall not create liability on the part of the City, its Mayor, members of the Commission, its officers, employees, or appointees thereof for any flood darr~ages that result from reliance thereon or any administrative decision lawfully made thereunder. (C) Review and Approval Process: [See Section 2.4.6(I)] (D) Construction Standards: (1) General: In all areas of special flood hazard the following provisions apply. ~ The lowest floor elevation for all new construction and substantial improvements in the special flood hazard areas for residential and commercial structures, mechanical equipment, utility areas, or any enclosed area including basements and attached garages must be raised 12" above the Pase Flood Elevation (PFE), or must be provided with flood proofing~er FEMA standards. {-~} ~b All new construction and substantial improvements shall be anchored to prevent floatatiory collapse, or lateral movement of the structure. ORD. NO. 02-11 {~ ~ All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. {c~ ~ All new construction or substantial improvements shall be constructed by methods and practices that minimise flood damage. {d~ ~ All new and replacement water supply systems shall be designed to minimise or eliminate infiltration of floodwaters into the system. {e~ ~ New and replacement sanitary sewage systems shall be designed to minimise or eliminate infiltration of flood waters into the systems and discharges from the systems into floodwaters. {f~ ~ On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. {g~ 1~-t Any alteration, repair, reconstructiory or improvements to a structure on which the start of construction was begun after May 8, 1978, shall meet the requirements of new construction as contained in this chapter. {l~ ~ Manufactured homes shall be anchored to prevent floatatiory collapse, or lateral movement. Method of anchoring may include, but is not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable requirements for resisting wind forces. {~} , All mechanical, electrical and plumbing equipment must be located at or above the SFE. This includes all heaters, air conditioners, compressors, fans, hot water heaters, laundry facilities, plumbing fixtures, etc. lac Where enclosed space occurs below the SFE , openings are required to allow for automatic entry and exit of flood waters. FEMA requires a minimum of two (2~penings having a total new area not less than one (1) square inch per one (1) square foot of enclosed area. All ORD. NO. 02-11 ot-~a~ings shall be one (1) foot above adiacent grade. ~1 Louvers, screens, or other opening covers shall not block or impede the automatic flow of floodwaters into and out of the enclosed areas. ~ Openings meeting the requirement of (k) and (1) above may be installed in doors. Doors by themselves do not meet the flood venting requirements. (2) Mapped Areas: In all areas of special flood hazard where base flood elevation data has been provided on FE MA Maps, the following provisions apply. (a) Residential Construction: New construction or substantial improvement of any residential structure shall have the lowest floor, (as defined in Appendix "A" to these LDRs), including basement, elevated to or above base flood elevation (b) Nonresidential Construction: New construction or substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, (as defined in Appendix "A" to these LDRs), including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be flood proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (3) Subdivisions: All subdivision proposals shall (a) Be consistent with the need to minimise flood damage; (b) Have public utilities such as water, gas, sewer, and electrical systems located and constructed to m;nim;z~ flood damage; (c) Have adequate drainage provided to reduce exposure to flood hazards; (d) Provide base flood elevations in all cases where a plat involves five acres of land or fifty dwelling units. (E) Variances: The Board of Adjustment shall hear and decide appeals and requests for variances from the requirement of this Section pursuant to Section 2.4.7(A). ORD. NO. 02-11 (1) Variances may be issued for the reconstruction, rel-iabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this Subsection. (2) In passing upon the applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other portions of this Section, and (a) The danger that materials maybe swept onto other lands to the injury of others; (b) The danger to life and property due to flooding or erosion damage; (c) The susceptibility of the proposed facility and its contents to flood damage and the effect of the damage on the individual owner; (d) The importance of the services provided by the proposed facility to the community; (e) The necessity to the facility of a waterfront location, where applicable; (f) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (g) The compatibility of the proposed use with existing and anticipated development; (h) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; (i) The safety of access to the property in times of flood for ordinary and emergency vehicles; (j) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave actiory if applicable, expected at the site; (k) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as seer, gas, electrical, and water systems, and streets and bridges; and SECTION 4.5.3 (E) (2) (1) ORD. NO. 02-11 (1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1 /2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level providing that the requirements of this Section Dave been fully considered As the lot size increases beyond the 1 /2 acre, the technical justification required for issuing the variance increases. (3) Upon consideration of the factors listed above and the purposes of this Sectiory the Poard of Adjustment may attach conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (4) Variances shall not be issued within any designated flood way if any increase in flood levels during the base flood discharge would result. (5) Basis for Variances: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazarc>, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. (b) Variances shall only be issued upon a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship to the applicant; and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (F) Other Administrative Functions: The Chief Pudding Official in his duty of implementing this Section shall: (1) Review all development permits to assure that the permit requirements of this chapter have been satisfied (2) Advise permittee that additional federal or state permits maybe required, and if specific federal or state permits are lmown, require that copies of the permits be provided and maintained on file with the development permit. ORD. NO. 02-11 (3) Notify adj acent communities and the State Departrr~ent of Community Affairs, 1571 Executive Center Circle East, Tallahassee, Florida, 32301, prior to any alteration or relocation of a water course, and submit evidence of the notification to the Federal Insurance Administration. (4) Assure that maintenance is provided within the altered or relocated portion of the water course so that the flood carrying capacity is not diminished (5) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (as defined in Appendix "A" to these LDRs) (including basement) of all new or substantially improved structures. (6) Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood proofed (7) When flood proofing is utilized for a particular structure, the Chief Pudding Official, as administrator, shall obtain certification from a registered professional engineer or architect. (8) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Chief Pudding Official, as administrator, shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this chapter. (9) When base flood elevation data has not been provided then the Chief Pudding Official, as administrator, shall obtairy review and reasonably utilize any base flood elevation data available from a federal, state, or other source, in order to administer the provisions of this Section (10) All records pertaining to the provisions of this chapter shall be maintained in the office of the Chief Pudding Official and shall be open for public inspection (11) In coastal high hazard areas certification shall be obtained from a registered professional engineer or architect that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash (12) In coastal high hazard areas the Chief Pudding Official shall review plans for the adequacy of breakaway walls. (13) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk ORD. NO. 02-11 resulting from the reduced lowest floor elevation (as defined in Appendix "A" to these LDRs). (14) The Chief Pudding Official shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. The Clerk shall provide a copy of the adopted ordinance to the Florida Pudding Commission within thirty (30) days of passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST MAYOR City Clerk First Reading Second Reading ORD. NO. 02-11 Coversheet MEMORANDUM TO: Mayor and City Commissioners Page 1 of 2 FROM: MARK MCDONNELL, AICP, ASST. PLANNING AND ZONING DIRECTOR PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: December 27, 2010 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JANUARY 4, 2011 ORDINANCE NO. 02-ll ITEM BEFORE COMMISSION Consideration of achy-initiated amendment to the Land Development Regulations (LDRs) that amends provisions in the Flood Damage Control Districts to conform with changes in State law. BACKGROUND Recent changes made in the Florida Building Code (FBC) relating to flood damage resistance must be reflected in local governmental codes. This amendment provides the necessary updates to ensure consistency between our Land Development Regulations and the FBC. Following are highlights of the proposed amendment: 1. The lowest floor elevation is to be raised twelve inches (12") above the Base Flood Elevation (BFE) for all new construction and substantial improvements in the special flood hazard areas for residential and commercial structures, mechanical equipment, utility areas, or any enclosed area including basements and attached garages, or must otherwise be provided with flood proofing per FEMA standards; 2. Current general language is to be replaced to specifically require all mechanical, electrical and plumbing equipment to be located at or above the BFE. Features listed include all heaters, air conditioners, compressors, fans, hot water heaters, laundry facilities, plumbing fixtures, etc.; 3. Openings will be required where enclosed space occurs below the BFE to allow for automatic entry and exit of flood waters. FEMA requires a minimum of two (2) openings having a total new area not less than one (1) square inch per square foot of enclosed area. All such openings must be one (1) foot above adjacent grade; 4. Louvers, screens or other opening covers will not be allowed to block or impede the automatic flow of floodwaters into and out of the enclosed areas; http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=4082&MeetingID=280 1/5/2011 Coversheet Page 2 of 2 5. Identifies that doors by themselves do not meet the flood venting requirements, but openings that satisfy items 3 and 4 above may be installed to meet minimum requirements. REVIEW BY OTHERS The Planning and Zoning Board voted 6 - 0 recommending approval at their December 20, 2010 meeting. RECOMMENDATION By motion, approve on first reading Ordinance No. 02-ll for achy-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(1VI) of the Land Development Regulations. http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=4082&MeetingID=280 1/5/2011 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: DECEMBER 20, 2010 AGENDA NO: IV. C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.5.3, FLOOD DAMAGE CONTROL DISTRICTS, TO COMPORT WITH STATE REQUIREMENTS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a city-initiated amendment to Land Development Regulations (LDRs) that amends provisions in the Flood Damage Control Districts. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Recent changes made in the Florida Building Code (FBC) relating to Flood Control must be reflected in local governmental codes. This amendment provides the necessary updates to ensure consistency between our Land Development Regulations and the FBC. Following are highlights of the proposed amendment: 1. The lowest floor elevation must be raised twelve inches (12") above the Base Flood Elevation (BFE) for all new construction and substantial improvements in the special flood hazard areas for residential and commercial structures, mechanical equipment, utility areas, or any enclosed area including basements and attached garages, or must otherwise be provided with flood proofing per FEMA standards. 2. Current general language is to be replaced that specifically requires all mechanical, electrical and plumbing equipment to be located at or above the BFE. Features listed include all heaters, air conditioners, compressors, fans, hot water heaters, laundry facilities, plumbing fixtures, etc. 3. Openings are to be required where enclosed space occurs below the BFE to allow for automatic entry and exit of flood waters. FEMA requires a minimum of two (2) openings having a total new area not less than one (1) square inch per one (1) square foot of enclosed area. All such openings must be one (1) foot above adjacent grade. 4. Louvers, screens or other opening covers shall not block or impede the automatic flow of floodwaters into and out of the enclosed areas. 5. Doors by themselves do not meet the flood venting requirements, but openings that satisfy items 3 and 4 above may be installed in doors. Planning and Zoning Board Meeting, December 20, 2010 LDR Amendment -Flood Damage Control Districts REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and/or Policies of the Comprehensive Plan. The following were identified as relevant to this amendment: 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. This objective is supported as new regulations will ensure that development and redevelopment is appropriate in terms of topographic and other physical considerations, by requiring minimum elevations for specified features along with openings to allow for the flow of floodwaters. Objective A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed-use developments, and other innovative development practices. Policy A-5.2 The City shall continue to enforce its Flood Damage Protection Ordinance. Both Objective A-5 and Policy A-5.2 are supported by the proposed regulations. The objective requires that the LDRs be regularly reviewed and regularly updated, and the policy requires the city to enforce its Flood Damage Protection Ordinance. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following civic associations: ^ Neighborhood Advisory Council ^ Delray Citizen's Coalition ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.5.3, Flood Damage Control Districts, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) 2 Planning and Zoning Board Meeting, December 20, 2010 LDR Amendment -Flood Damage Control Districts C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.5.3, Flood Damage Control Districts, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.5.3, Flood Damage Control Districts, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ^ Draft LDR Text Amendment 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: January 12, 2011 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 ORDINANCE NO.O1-11 ITEM BEFORE COMMISSION Consider a modification of the Gulfstream Building SAD (Special Activities District) Ordinance 39-90, to allow an additional option of one residential condominium unit on the 5th floor with a maximum of 4,925 sq. ft. and a maximum of four bedrooms. The current option for commercial and office uses on all five floors will continue. The modification will also include changing the listed uses from conditional to permitted uses. BACKGROUND The subject property is located at the northwest corner of Andrews Avenue and George Bush Boulevard (1177 George Bush Boulevard) and occupies a 1.39-acre site. The Gulfstream Building was constructed in 1962 under RM-10 (Multiple Family Residential Medium Density 10 units/acre) zoning. The initial SAD (Special Activities District) zoning, Ordinance 38-84 for the Gulfstream Building, was approved by the City Commission on September 11, 1984. At its meeting of September 11, 1990, Ordinance 39- 90 was approved by the City Commission to modify conditional uses for the Gulfstream Building. On At its meeting of December 20, 2010, the Planning and Zoning Board held a public hearing associated with a request for a modification of the Gulfstream Building SAD (Special Activities District) Ordinance 39-90, in conjunction with a change to Section 2 (a) to allow an additional option of one residential condominium on the 5th floor with a maximum of 4,925 sq. ft. and a maximum of four bedrooms. The modification also recommended changes to allow uses as permitted versus conditional. No one from the public spoke either in support or opposition to the rezoning request. After reviewing the staff report and discussing the proposal, the Board voted 6-0 to recommend approval of the modification of the Gulfstream Building SAD (Special Activities District) Ordinance 39-90. RECOMMENDATION Approve on first reading Ordinance 01-ll for the SAD rezoning amending the Gulfstream Building Ordinance 39-90 Section 2 (a), to allow one residential condominium on the 5th floor with a maximum of 4,925 sq. ft. and a maximum of four bedrooms and modify uses from conditional uses to permitted uses, 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 the criteria set forth in LDR Sections 2.4.5(5), 3.1.1 and the Land Development Regulations. ORDINANCE NO. O 1- ll AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 39-90 BY REPEALING SECTION 1 AND ENACTING A NEW SECTION 1 CHANGING THE ALLOWABLE USES FROM CONDITIONAL USES TO PERMITTED USES AND ADDING A NEW USE OF A RESIDENTIAL CONDOMINIUM TO BE LIMITED TO THE FIFTH FLOOR; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, SECTION 4.425(G), "S.A.D.s," SUBSECTION (6), TO REFERENCE ORDINANCE 01-ll; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. WHEREAS, pursuant to LDR Section 22.2(E)(6), the Planning and Zoning Board for the City of Delray Beach, as local planning agency held a public hearing and considered the proposed amendment at its meeting of December 20, 2010 and voted 6 to 0, to recommend that the request be approved, based upon positive findings; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Ordinance No. 39-90, Section 1, is hereby repealed and a new Section 1 is hereby enacted to read as follows: (a). That pursuant to Section 4.4.25 "Special Activities District (SAD)" "Allowed Uses and Structures," approval for the subject property is hereby granted for the following "Principal (permitted) Uses": Medical Offices limited to 12,000 square feet Professional Offices Trustees limited to the conduct of "trust business" as defined in Florida Statutes, Chapter 658, or as may be amended Retail banking offices limited to 4,000 square feet; Drive-in facilities shall not be allowed Charitable Foundations Executive offices which are not frequented by the general public at the premises One Pharmacy One Real Estate Brokerage firm One Securities Brokerage firm Advertising/Public Relations offices Nursing Placement offices One Title Insurance Company Marine or aviation brokerage firms, without on-premises storage of items which are brokered An additional option of one residential condominium on the St floor with a maximum of 4,925 square feet and a maximum of four bedrooms as shown on Exhibit "A". (b). That Section 4.4.25(G), °S.A.D.s", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (6) The HHH Bush Building, Ordinance No. 38-84, modified by Ordinance No. 39-90, esi:al~ske~ modified by Ordinance 01-11. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4 . That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon its passage on the second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2011. ATTEST City Clerk First Readi Second Reading MAYOR Ord No. 01-11 PLANNING AND ZONING BOARD CI`TY' F ®ELRAI' AH ~iViEET1NG ®ATE: December 20, 2010 A~rEN®A ~TEM: IV.A. 1TEM: Modification of the Gulfstream Building SAD Ordinance 39-90 {Special Activities District), to add one residential condominium on the 5th floor of the building with a maximum of 4,925 sq. ft. and a maximum of four bedrooms and to change the allowed uses from conditional to permitted uses, GENERAL DATA; Applicant ................................ Michelle Stein Location ...................................... 1177 George Bush Boulevard Property Size .............................. 1.39 acres Existing FLUM ............:.............. TRN (Transitional} Proposed FLUM ......................... No Change Current Zoning ............................ SAD (Special Activities District) - Gulfstream Building Ordinance 39-90 Proposed Zoning ........................ SAD (Special Activities District) Adjacent Zoning ................North: RM (Multiple Family Residential - Medium Density} Fast: RO (Residential/Office} South: RM (Multiple Family Residential - Medium Density) West: RM (Multiple Family Residential - Medium Density) Existing Land Use ...................... Multiple Tenant professional Office Building Proposed Land Use .................... Multiple Tenant professional Office Building with an option for a Residential Unit on the Top Floor Water Service ......................... Existing on site via an 8" and 12" water main and several fire hydrants ®®~T'AFF REPRTaw_ Q ~J Q Q 0 U d ~ ~ z Sewer Service ........................ Existing on site via an existing 8" sewer main ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on a modification of the Gulfstream Building SAD (Special Activities District) Ordinance 39-90, in conjunction with a change to allow an additional option of one residential condominium on the 5t~ floor with a maximum of 4,925 sq. ft. and a maximum of four bedrooms. The current option for commercial uses on all five floors will continue. The modification will also include changing uses from candi#ianal to permitted uses. The Gulfstream Building is located on the north side of George Bush Boulevard east of the lntra Gostal Waterway (1177 George Bush Boulevard}. BAC~{GROUND_ANALYSIS The subject property is located at the northwest corner of Andrews Avenue and George Bush Boulevard ('1177 George Bush Boulevard) and occupies a 1.39-acre site. The Gulfstream Building was constructed in 1962 under RM-10 (Multiple Family Residential Medium Density 10 unitslacre) zoning. The initial SAD (Special Activities District) zoning, Ordinance 38-84 for the Gulfstream Building, was approved by the City Commission an September 11, 1984. Section 2 (a) of Ordinance 38-84 indicates that the only conditional uses currently permitted on this property are the following: • Four (4) medical offices no# exceeding 9,200 square feet which use shall cease an ar before January ~, 1991. • Professional Offices, limited to accountants, architects, landscape architects, attorneys, engineers, and individual and corporate trustees limited to the conduct of trust business as defined in Florida Statutes Chapter 658 but excluding any commercial banking business. • Charitable foundations executive offices of the following financial institutions: market research and analysis companies, publishing companies, real estate investment and development companies, each such executive office limited to 3,500 square feet. • Pharmacy limited to 720 square feet which use shall cease an or before January 1, 1991. • One 1 Real Estate Brokerage Office limited to 1,250 square feet. • One 1 Securities Brokerage Firm limited to 2,500 square feet. • One 1 AdvertisinglPublic Relations Office limited to 1,000 square feet. • One 1 Nursing Placement Office limited to 1,500 square feet. • Private Executive Offices which do not conduct business with the general public. At its meeting of September 11, 1990, Ordinance 39-90 was approved by the City Commission to provide for modified conditional uses for the Gulfstream Building. Ordinance No 39-90 repealed Ordinance No 38-84 Section 2 (a) and a new Section 2 (a} was enacted to read as fogows: The only conditional uses to be permitted are: • Medical Offices limited to 12,000 square feet. • Professional Offices. • Trustees limited to the conduct of trust business as defined in Florida Statutes Chapter 658 or as may be amended. • Retail banking offices limited to 4,000 square feet. Drive-in facilities shall not be allowed. Charitable Foundations. • Executive offices which are not frequented by the general public at the premises. • One Pharmacy. • One Real Estate Brokerage firm. • One Securities Brokerage firm. Planning & Zoning Board Staff Report -Meeting of ~ecernber 20, 2010 Gulfstream Building SAD Page 2 + Advertising/Public Relations offices. + Nursing Placement offices. ® One Title Insurance Company. + Marine or aviation brokerage firms without on premises storage of items which are brokered. On September 10, 2007, a request for a site plan modification of the Gulfstream Building was administratively approved by the Planning Director. The project included parking lot reconfiguration, handicap accessibility, and landscape improvements. Now before the Board for action is a request for a modification of the Gulfstream Building SAD (Special Activities District} Ordinance 39-90, in conjunction with a change to Section 2 (a) to allow an addition option for one residential condominium on the 5th floor with a maximum of 4,925 sq. ft. and a maximum of four bedrooms. The modification will also recommend changes to allow uses as permitted versus conditional. REQUIRED FIr~IDINGS REQUIRE©_FINDINGS (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 .AND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (PLUM) designation of TRN (Transitional) and a zoning designation of SAD (Special Activities District} which are consistent with one another. SAD Zoning is deemed consistent with any land use designation on the Future Land Use Map. The Transitional (TRN} land use designation allows office, commercial, and residential uses. Therefore, the addition of the proposed residential use along with the existing commercial uses as part the SAD is consistent with the Comprehensive Plan, and compatible with surrounding developments in the area. Thus, this standard has been met. Pursuant to LDR Section 4.4.25(8}(1}, all uses which are to be allowed in a particular SAD shall be established at the time of establishment of the SAD zoning designation through inclusion in the rezoning ordinance. Additional uses may be allowed after review and recommendation by the Planning and Zoning Board and approval by ordinance of the City Commission. The site plan depicts an existing 25,686 sq. ft. 5-story officelcommercial building. Modification of the existing SAD Ordinance to add one residential condominium on the 5th floor with a maximum of 4,925 sq. ft., a maximum of four bedrooms is being processed as a rezoning application. The proposed use is compatible with surrounding existing development and the mixed-use character of the area. The proposed change is consistent with the adjacent development pattern to the south (The Landing Condominium, multifamily residential units with RM zoning}; north (The Water Way North Condominium, multifamily residential units with RM zoning}, east (professional office building with RO - Residential Office zoning), and west (The Inlet Cove Condominium, multifamily residential units with RM zoning). Thus, positive findings can be made with respect to PLUM consistency. Planning & Zoning Board Staff Report -Meeting of December 20, 2010 Gulfstream Building SAD Page 3 CONCURRENCY: 1=acilities 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. As described in Appendix "A", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. CONSISTENCY: Compliance with perFormance standards set forth in Chapter 3 and required findings in LDR Section 2,4,5(D}{5} for the Rezoning 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 was found: Future Land Use Element Objective A-~: Property shall be developed or redeveloped in a manner so that the fufure use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations, is complimenfary to adjacent land uses and fulfills remaining land use needs. The SAD (Special Activities District) zoning designation is deemed consistent with the underlying land use as shown on the Future Land Use Map (PLUM). The FL.UM designation TRN {Transitional) appropriately reflects (with the proposed residential condominium on the 5t~ floor), the transition between the R4 (Residential Office} use located to the northeast along Andrews Avenue and the multiple family residential condominium buildings located to the south, north and west portion of the property. The modification of the SAD (Special Activities District} ordinance to allow the option of one residential condominium on the 5t~ floor with a maximum of 4,925 sq. ft, and a maximum of four bedrooms will not negatively impact the existing land uses in the area. COMPLIANCE WITH THE LAND DEVELOPMENT REGIJLATNONS; Items iidentified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest, The latest site plan modification approved and certified on November 1, 2007, met all LDR requirements including 30% open space. The current proposal does not modify the footprint of the building in anyway, and thus, all applicable LDR requirements continue to be met. The current proposal will only impact required parking. However the introduction of this use would require less parking than is currently required. Required Parking; The current Ordinance 39-90 allows the following conditional uses: • Commercial Office on the 5t" floor limited to 4,925 sq. ft. • Medics! Offices limited to 12,000 square fee#. • Professional Offices. ® Trustees limited to the conduct of trust business as defined in Florida Statutes Chapter 658 or as may be amended. Retail banking offices limited to 4,000 square feet. Drive-in facili#ies shall not be allowed. • Charitable Foundations. • Executive offices which are not frequented by the genera! public at the premises. • One Pharmacy. Planning & Zoning Board Staff Report -Meeting of December 20, 2010 Guifstream Building SAD Page 4 • One Real Estate Brokerage firm. • One Securities Brokerage firm. • AdvertisinglPublic Relations offices. • Nursing Placement offices. • One Title Insurance Company. • Marine or aviation brokerage firms without on premises storage of items which are brokered. Pursuant to LDR Section 4.6.9(C)(4)(c), medical and dental offices, including clinics and mental health treatment facilities, shall provide five (5} spaces per 1,000 sq. ft. of gross floor area. Pursuant to LDR Section 4.6.9(C}(4)(a} business and professional offices except for governmental and medical offices, shall provide 4 spaces per 1,000 sq. ft. of net floor area up to 3,D00 sq. ft. and then 3.5 spaces per 1,000 sq. ft. of net floor area over the initial 3,000 sq. ft. Pursuant to LDR Section 4.fi.9(C)(2}(c), two or more bedrooms per residential unit steal! provide 2 parking spaces per unit plus 0.5 cumulative guest parking spaces per unit for the first 20 units. The proposed residential condominium on the 5t~' floor with a maximum of 4,925 sq. f#. and a maximum of four bedrooms, will require 2.5 parking spaces. Alternatively, if the proposed 4,925 sq. ft. was operated as a commercial office condominium it will require 19 parking spaces (3,000x4=12}1,925 x 3.5-7) or as medical office 25 parking spaces (4,925x511,000=25). Thus, the residential option would reduce required parking by either 16 of 22 spaces. Handicapped Accessible Parkiing: 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 Cade for Building Construction. The subject property was established as an officelcommercia! facility. The Florida Accessibility Code for Building Construction and Federal ADA requirements for commercial properties requires the provision of handicap parking spaces based on the number of spaces provided in a parking facility, versus the number of spaces required. 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 up to 200, etc. The existing development currently provides 95 parking spaces, thereby requiring 3 ADA compliant spaces while 4 ADA parking spaces are provided, thus meeting the code requirement. COMPATIBILITY: The requested designation will be compatible with the existing and future land uses ofi the surrounding area. As demonstrated in the following "Rezoning Analysis" section, the proposed modification to the SAD Ordinance number 39-90 will be comps#ible with the existing and future land uses of the surrounding area. The proposed residential use is compatible with the surrounding existing developments of the neighborhood, and the Multifamily Residential (RM) and the Residential Office (RO) character of the area. The proposed change is consistent with the adjacent development pattern to the south {The Landing Condominium, multifamily residential units with RM zoning}; north (The Water Way North Condominium, multifamily residential units with RM zoning}, east (professional office building with RO Residential Office zoning}, and west (The Inlet Cove Condominium, multifamily residential units with RM zoning). Thus, compatibility is not a concern with this proposal since it will not negatively impac# the existing and future uses in the area nor will it negatively impact the pattern of development of the neighborhood. Planning & Zoning Board Staff Report -Meeting of December 20, 201 Q Gulfstream Building SAD Page 5 REZON[NG ANALYSIS _ - ___ - Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development cri#eria of the LDR were previously discussed under the "Required Findings" section of this report. Compliance with the Land Development Regulations with respect to "Standards for Rezoning Actions and Rezoning Findings" are discussed below. Section 3.2.2 (Standards for Rezoning Actions): Standards "A", "B", `EC", and "E" are not applicable with respect to this rezoning request, An evaluation of the applicable standards is discussed below: Standard "D" requires That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufiFicient regulations exist to properly mitigate adverse impacts from the new use. The following table identifies the zoning designations and uses that are adjacent to the subject property: Adjacent Zonin Adjacent Land Uses: North RM (Multiple Family Residential} The Water Way North Condominium West RM (Multiple Family Residential) The Inlet Cove Condominium Fast RO (ResidentiallOffice} Professional Office Building South _ RM Multiple Family Residentia! The Landin Condominium The introduction of an option to allow residential use rather than office uselcommercial use on the fifth floor will enhance this property comparatively with adjacent predominantly residentia! uses. The development proposal will not hinder development or redevelopment of nearby properties. The existing adjacent land uses will not be negatively impacted by the proposed use of the property. LDR SECTION 2.4.5{D){5) -REZONING 1=1NDINGS Pursuant to LDR Section 2,4,5(D)(5), in addition to provisions of Chapter 3, the City Commission must make findings that the rezoning fulfills at least one of the reasons listed under Subsection (2): (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site andlor neighborhood. The requested change #o the SAD {Special Activities District} zoning ordinance number 39- 90 is to allow one residential condominium on the 5`" floor with a maximum of 4,925 sq. ft. and a maximum of four bedrooms and to change allowed uses from conditional to permitted uses. Planning & Zoning Board Staff Report -Meeting of December 20, 2010 Gulfstream Building SAD Page 6 The applicable findings for which the rezoning should be granted, relates to item "c" identified above, indicating that the development located at 1177 George Bush Boulevard is of similar intensity as allowed under the FLUM and is more appropriate for the property based upon current circumstances specific to this site. It is further noted, that this is a minor change which would not involve a change in the footprint of the building or other site related attributes. This change will enhance compatibility and will not have a detrimental impact in the existing zoning and development pattern of the area in terms of the intensity of the use proposed. The requested change from conditional uses to permitted uses will also have no negative impact in the existing zoning or pattern of development in the area. -- REVIEW BY QTHERS The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority} or CRA (Community Redevelopment Agency). Courtesy Notices: A special courtesy notice was provided to the following homeowners andlor civic organizations: ^ Neighborhood Advisory Council Inlet Cove ^ Delray Citizen's Coalition ^ Beach Property Owners Association ^ Town of Gulfstream Letters of objection or support, if any, will be presented at the Planning and zoning Board meeting. Public Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection andlor support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT. AND CONCLUSION The requested change to the SAD (Special Activities District) zoning ordinance number 39-90 is to allow one residential condominium on the 5`"floor with a maximum of 4,925 sq. ft. and a maximum of four bedrooms and modify uses from conditional uses to permitted uses. The proposal will not require any additions! parking spaces nor modify any site development criteria. Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards far Rezoning Actions) and LDR Section 2.4.5(D)(5}(Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, rezoning the subject property to modify the existing SAD Ordinance 39-90 zoning is recommended for approval, based on the findings outlined in this staff report. RECOMMENDED ACTIONS A. Move a recommendation of approval to the City Commission for the SAD rezoning amending the Gulfstream Building Ordinance 39-90 for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consisfenf with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1 and the Land Development Regulations. Planning & Zoning Board Staff Report -Meeting of December 20, 2010 Gulfstream Building SAD Page 7 B. Move a recommendation of denial to the City Commission for the SAD rezoning amending the Gulfstream Building Ordinance 39-90 for the subject property, by adopting the findings of fact and law contained in the .staff report, and finding that the request is inconsisfenf with the Comprehensive Plan and does not meet the criteria set forth in LDR Sections 2.4,5{D}(5), 3.1.1 and the Land Development Regulations. ' ~ _ __ STAFF REC41VI1111_ENDATIONS? Move a recommendation of approval to the City Commission for the SAD rezoning amending the Gulfstream Building Ordinance 39-90 Section 2 (a), to allow one residential condominium on the 5~h floor with a maximum of 4,925 sq. ft. and a maximum of four bedrooms and modify uses from conditional uses to permi#ted uses, by adopting the findings of fact and !aw contained in the staff report, and finding that the request grid approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5(D)(5}, 3.1.1 and the Land Development Regulations. Staff Report Prepared by: Estelio Breto, Senior Planner Attachments: m Location Map ^ Site Plan m Floor Plan m Landscape Plan Planning & Zoning Board Staff Report -Meeting of December 20, 2Q10 Gulfstream Building SAD Page 8 - --- ';APPENDIX "A" CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B~, Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: The site is already served by water and sewer service. Municipal water service is available via connection to a 6" water main located along George Bush Boulevard r-o-w. Fire protection is provided by a fire hydrant located on the southeast side of the site. 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. Thus, a positive finding with respect to this level of service standard can be made. Sewer service is available to the site via an existing 8" sewer main which is located along George Bush Boulevard r-o-w. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic: The subject property is located at northwest corner of Andrews Avenue and George Bush Boulevard. The Gulfstream Building was constructed in 1962 under RM-10 (Residential Medium Density 10 unitslacre} zoning. The .initial SAD (Special Activities District} coning, Ordinance 38-84 for the Gulfstream Building, was approved by the City Commission an September 11, 1984. At its meeting of September 11, 1990, Ordinance 39-90 was approved by the City Commission to provide for modified conditional uses far the Gulfstream Building. Findings of traffic Concurrency were established with the origins! Gulfstream development in 1984 and 1990. I# is noted that the conversion of use from the 4,925 sq. ft. of office floor area to a four bedroom residential unit wil! diminish the average daily trips generated by the building and will result in less than 200 Average Daily Trips (ADT), and thus, no adverse impact on the area is anticipated as a result of this project. Based upon the above, a positive finding with respect to traffic Concurrency can be made. Parks and Olen Space; The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities a# build-out to meet the adopted standards". A park impact fee is collected to offset any impacts projects may have an City recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collec#ed prior to issuance of a building permit for the interior renovation and conversion of the 4,925 sq. ft of office floor area to residential use for parks and recreation services. Solid Waste: The office component of the existing development will generate 13.29 tons of solid waste per year (4,925 sq. ft, x 5.4 tons = 26,59512000 = 13.29 tons}. The proposed conversion to residential floor area wil! generate 0.8 tons of solid waste per year (1 residential unit x 0.8 tons = 0.8 tans). This is an Planning & honing Board Staff Report -Meeting of December 20, 2010 Gulfstream Building SAD Page 9 overall decrease of 13.1 (13.29 - 0.8 = 13.1) tans of solid waste per year. The solid waste that will be generated can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2065. Drainage: ^rainage is existing on site and the conversion of 4,925 sq. ft from office floor area to residential use should have no impact on drainage as it relates to this level of service standard. Based upon the above, positive findings with respect to this level of service standard can be made. SChOOIs: The proposed conversion of 4,925 sq. ft. of office floor area to one residential unit will not significantly impact school concurrency, and thus, a positive finding with respect to this level of service standard can be made. 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