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02-01-11 Regular Meeting
City of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, February 1, 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 18, 2011 Regular Meeting 6. PROCLAMATIONS: A. Recognizing 2-1-1 Awareness Week -February 11-17, 2011 B. Recognizing Delray Beach American Little League for 40 Years of Service 7. PRESENTATIONS: A. Site Plan Review and Appearance Board (SPRAB) Awards 8. CONSENT AGENDA: City Manager Recommends Approval A• REQUEST FOR SIDEWALK DEFERRAL AGREEMENT/418 N.W. 14TH STREET: Approve a request to defer the installation of a sidewalk along N.W. 14th Street for the property located at 418 N.W. 14th Street. B• AGREEMENT/PALM BEACH COUNTY/AUBURN AVENUE PROTECT: Approve an Agreement with Palm Beach County which provides for reimbursing the City $1,000,000.00 for the costs associated with the Auburn Avenue project. C. SERVICE AUTHORIZATION NO. 07-17/MATHEWS CONSULTING, INC./AREA 12A RECLAIMED WATER SYSTEM: Approve Service Authorization No. 07-17 to Mathews Consulting, Inc. in the amount of $179,963.00 for professional engineering services in the design of the Area 12A Reclaimed Water System. Funding is available from 441-5161-536-68.73 (Water and Sewer Fund: Improvements Other/Reclaim Water, Area 12A). D. LANDSCAPE MAINTENANCE AGREEMENT/CROSSWINDS SINGLE FAMILY HOME ASSOCIATION: Approve a Landscape Maintenance Agreement with Crosswinds Single Family Home Association to install eight ~) beds of annuals within the City right-of-way in front of the intersections of Homewood Boulevard and Azalea Court, Begonia Court, Carnation Court and Dracaena Court. E. LANDSCAPE MAINTENANCE AGREEMENT/909 SOUTH OCEAN BOULEVARD: Approve a Landscape Maintenance Agreement with Robert A. Beck II for the installation of new shrubs within the City right-of--way in front of 909 South Ocean Boulevard. F. AMENDMENT NO. 4 TO THE SUB-RECIPIENT HOUSING PARTNERSHIP AGREEMENT/DELRAY BEACH COMMUNITY LAND TRUST, INC.: Approve Amendment No. 4 to the Sub-Recipient Housing Partnership Agreement between the City and the Delray Beach Community Land Trust, Inc. for the purposes of subsidizing the costs associated with affordable housing units within the Community Land Trust. G. ELITE PROTECTION SERVICES AGREEMENT: Approve renewal of the agreement with Elite Protection Services to provide Advanced Life Support (ALSO Services, on a First Responder basis for Delaire Country Club. H. RESOLUTION NO. 07-11: Approve Resolution 07-11 assessing cost for abatement action required to remove nuisances on three ~) properties throughout the Cites I. FY 2011 PROPOSED PERFORMANCE MEASURES/GOLF COURSES AND TENNIS FACILITIES: Approve proposed performance measures for FY 2011 for the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities. J. SERVICE AUTHORIZATION NO. 17/SPATIAL FOCUS, INC.: Approve Service Authorization No. 17 with Spatial Focus, Inc. in the amount of $9,950.00 for technical assistance related to the SunGard Public Safety software project. Funding is available from 334-2111-521-31.90 (General Construction Fund: Professional Services/Other Professional Services). K. 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 May 28 - 29, 2011 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.60 for the closure and use of N.W. 3rd Avenue from Atlantic Avenue north to the south side of the entrance to Atlantic Grove townhomes and use of the Tennis Center parking lot and to provide staff support for traffic control and security barricading and fire inspection services; contingent upon receipt of a Certificate of Liability Insurance. L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 17, 2011 through January 28, 2011. M. AWARD OF BIDS AND CONTRACTS: 1. Bid award to A & A Associates in the amount of $35,840.50 for private security services from February 14-28, 2011 for the Champions/World Tour Tennis Tournament. Funding is available from 001-4210-575-55.40 (General Fund: Recreational Supplies/Tennis Tournament). 2. Contract award to Brang Construction, Incorporated, the lowest responsive bidder in the amount of $325900.00 for the construction of twenty-three (23) bus shelters utilizing ARRA grant funds. Funding is available from 101-3163-544- 65.70 (ARRA Economic Stimulus: Other Improvements/Transit Stop Bus Shelters . 3. Contract award to Dr. Craig B. Kushinir D.O., in the amount of $22,000.00 for the position of Medical Director for the Fire-Rescue Department. Funding is available from 001-2315-526-31.90 (General Fund: Professional Services/Other Professional Services). Contract awards to Municipal Lighting in the amount of $44,375.00 for the maintenance and installation of ten (10) decorative street light standards and LED fixtures to replace standards being removed on Atlantic Avenue, due to rust and corrosion. Funding is available from 334-3162-541-46.14 (General Construction Fund: Repair & Maintenance Services/Atlantic Avenue Street Light Replacement). 5. Purchase award to Ferguson Enterprises, Inc. in the amount of $93,335.56 for piping materials to be installed by the City's construction crew for the S.W. 3rd Street and 6th Avenue Water Main Upgrade. Funding is available from 442- 5178-536-68.62 (Water and Sewer Renewal & Replacement Fund: Improvements Other/S.W. 3rd Street & 6th Avenue WM Upgrade). 6. Purchase award to Zoll Medical Corporation in the amount of $61,645.00 to purchase four ~) Zoll Medical Auto Pulses for the remaining ALS transport units. Funding is available from 334-2311-522-64.90 (General Construction Fund: Machinery/Equipment/Other Machinery/Equipment). 7. Purchase award to CDW Government in the amount of $64,256.49 for fifteen (15~ Panasonic Toughbook computers and related hardware. Funding is available from 334-2311-522-64.11 (General Construction Fund: Machinery/Equipment/Computer Equipment). REGULAR AGENDA: A• WAIVER REQUESTS/362 N.E. 3rd AVENUE: Consider annroval of two (2 requested waivers to Land Development Regulations (LDR) Section 4.6.9 (D)(3)(b), "Point of Access to the Street System", to allow 20' in width where 24' minimum width is required and to (LDR) Section 4.6.16(H~(3)(d), "New Multiple Family, Commercial, and Industrial Development", to allow a reduction in the required five foot (5' landscape strip separating vehicular use areas and adjacent properties for a proposed public parking lot at 362 N.E. 3rd Avenue. (Quasi-Judicial Hearin B. REQUEST FOR AN IN-LIEU OF PARKING SPACE/ CAFE DE FRANCE:_Consider arequest from Cafe De France for the purchase of one (~ in-lieu of parking space in the amount of $15,600.00 to accommodate an expansion of use. Cafe de France is located at 110 East Atlantic Avenue. (Quasi judicial Hearin) C. REQUEST TO WAIVE FEES FOR STAFF AND USE OF POMPEY PARK FACILITIES FOR ALL PEOPLE'S DAY® DIVERSITY FESTIVAL: Consider a request that the City waive facility rental fees and provide staff support at Pompev Park on March 27, 2011 from 9:00 a.m. - 6:00 p.m. for the All People's Day® Diversity Festival. D. SPECIAL EVENT RE~UEST/VIVA SOUTH FLORIDA: Consider approval of a new event, VIVA South Florida, sponsored by Pegasus Entertainment to be held on September 9-10, 2011 from 12:00 noon to 11:00 p.m., and September 11, 2011 from 12:00 noon to 8:00 p.m., to grant a temporary use permit per LDR Section 2.4.60 for use of the City rights-of--way to include N.E. 1St Avenue from Atlantic north to the garage entrance and Swinton from Atlantic to approximately N.E. 1St Avenue, to authorize staff support for traffic control and security, site cleanup and trash removal, electrician assistance, barricading assistance, event signage, EMS assistance, trash boxes and use of a City generator; contingent upon meeting the conditions listed in the staff report. E. SPECIAL EVENT REQUEST/ASIAN FOOD FAIR AND CULTURAL SHOW: Consider approval of a special event request to allow the 8th Annual Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida, to be held on March 19-20, 2011 from 12:00 noon until 10:00 p.m. on the grounds of Old School Square and in the Old School Square Park, to grant a temporary use permit per LDR Section 2.4.60 for the closure and use of a portion of N.E. 1st Avenue, to authorize staff support for traffic control and security, site cleanup and trash removal, EMS assistance, standard event signage and assistance with banner hanging; use of the Old School Square Garage, North City Hall Parking lot, City generator if needed and three generator lights; and to waive to the Event Policies and Procedures to allow more than two ~) major events in March, contingent upon meeting the conditions listed in the staff report. F. RESOLUTION NO. 06-11: Consider approval of Resolution No. 06-11 amending Resolution No. 01-11 to allow for cancellation of the special election regarding Commission terms if it is determined that there will not be a contested election for a commission seat. 10. PUBLIC HEARINGS: A. ORDINANCE NO. 01-11: Modification to the Gulf Stream 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 Gulf Stream Building n/k/a HHH Bush Building is located on the north side of George Bush Boulevard east of the Intracoastal Waterway at 1177 George Bush Boulevard. B. RESOLUTION NO. 04-11/REVISED CONTRACT FOR SALE AND PURCHASE/3740 LANCEWOOD PLACE: Consider approval of Resolution No. 04- 11, arevised contract for sale and purchase, authorizing the City to sell Neighborhood Stabilization Program property located at 3740 Lancewood Place to Lana Ritz for the amount of $200,000.00 and provide a subsidy of up to $40,000.00 secured by a promissory note and second mortgage. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission JANUARY 18, 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 18, 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 Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Linda Mobley with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Fetzer requested that Item 8.H., Resolution No. 05-11, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Eliopoulos requested that Item 8.E., Acceptance of Donation/Shelly Weil of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. and requested that Item 9.G., Request from the Creative City Collaborative (CCC) to Waive Costs be moved up on the Regular Agenda as Item 9.A.A.A.A. Mr. Eliopoulos moved to approve the Agenda as amended, 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. 01/18/11 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Regular Meeting of January 4, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Reco~nizin~ Black History Month -February 2011 Mayor McDuffie read and presented a proclamation hereby proclaiming the month of February 2011 as Black History Month. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. Senator Chris Smith -Legislative Update Presentation Chris Smith, State Senator, stated he is the State Senator for this area and shares the I-95 Corridor east and west of I-95 going up through Delray. Mr. Smith stated the Legislative Session begins on March 8, 2011 and will last for 60 days. Mr. Smith stated they will be looking at unfunded mandates and with a new Governor and new Administration they are looking at duplication of services. Mr. Smith stated they require a lot from municipalities and the duplication of services that the State does not send funds for is taxing on the budgets of the municipalities. Mr. Smith stated they will also talk about pension reform, Medicaid, education, and insurance to see ways they can cut without hurting the citizens of Florida. Mr. Smith stated he is Vice-Chair of the Insurance Commission and he referenced an article in the newspaper today about Citizens Insurance and a possible increase. The State will look at all types of insurance to make the market more robust and to bring insurance companies more competition into the State. Mr. Smith stated the Governor has made it his priority to go after tort reform and bad faith. Mr. Smith stated on his website (www.senatorchrissmith.com) there is an icon called "There Ought to be a Law" or something not be a law now is the time to speak up and say that. Mr. Smith stated they file approximately 2,000 bills every year and about 200 of those bills actually become law. Mrs. Gray stated she will be seeing Mr. Smith in Tallahassee on March 8, 2011. Mr. Frankel stated he was disappointed to read in the newspaper recently about the problems with the pain clinics. Mr. Frankel stated there is such a large problem in this city as well as the state and any efforts Mr. Smith can make towards that would be most appreciative. 2 01/18/11 Mayor McDuffie concurred with comments expressed by Commissioner Frankel and stated this community has been working on the pain clinic issue for quite some time. He stated the City Commission passed ordinances and the State has done some things for Delray Beach that have given our Police Officers a little bit more leeway in getting into these clinics. Mayor McDuffie stated the City was required to have a Court Order to walk into one of the pain clinics prior to the Legislation that has been passed. Mayor McDuffie stated he was in Washington, D.C. last year and will be back there and the best reception he received was from Senator Nelson who was working on this from the Medicare/Medicaid side. However, Mayor McDuffie stated people in South Florida know that this is really a problem because it is a cash business down here. Mayor McDuffie stated of the top 50 prescribing physicians for Oxycodone in the United States, all 50 of them are in Dade, Broward, and Palm Beach County. Mayor McDuffie stated the other problem is sober houses and the City of Delray Beach has written three ordinances to try to stay out of stepping on someone's constitutional rights because people who have addiction problems are covered by ADA (Americans with Disabilities Act). Mayor McDuffie stated we have some unscrupulous operators in Delray Beach and other cities that are not treating these young men and women but just taking their money. Mayor McDuffie stated we need some way at the State level to register these sober houses and be able to control them because the City of Delray Beach is not able to do that now. Mayor McDuffie stated Senator Smith can help the community help the citizens because both those things contribute to crime and help make the jobs of our law enforcement a little easier. Mr. Smith stated Senator Aronberg who helped write the law has gone in house with the Attorney General to be an enforcer of that. Mr. Smith stated he also serves on the Criminal Justice Committee and they had a presentation by Sheriff s of some west coast counties discussing some of the new synthetic designer drugs that are being sold in the convenient stores and they are crafting laws now to allow law enforcement to go to some of these convenient stores and go after some of things that are being sold under a guise that they know are being used to perpetuate drug use in our communities. Mr. Smith stated the Criminal Justice Committee is working on this and will probably come up with broad legislation to give law enforcement an opportunity to do something in these communities where they know the things being sold are not being sold for a positive purpose. 7.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. The caption of Resolution No. 03-11 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING THOMAS J. QUINLAN FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. 3 01/18/11 office.) (The official copy of Resolution No. 03-11 is on file in the City Clerk's Mr. Eliopoulos moved to approve Resolution No. 03-11, 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. 7.C. S.P.LRLT. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation Jennifer Buce, Litter Prevention Coordinator, stated Dr. Debra Kaiser has been in charge of the Morning Program at Carver Middle School and the children from this program made a Butterfly Garden the first year and the second year they made a Vegetable Garden and donated 37 pounds of vegetables to the Caring Kitchen. Ms. Buce stated last year the children read a book entitled "Dead Fred and the Good Luck Circle" written by Frank McKinney and this year they are recreating that circle in one of the four quadrants in the courtyard. Ms. Buce recognized and commended Ricky Adams, Jesse Melendez, and Willie Sumler from the Parks and Recreation Department and stated this could not have been done without their help. Dr. Debra Kaiser, member of the Education Board and volunteers at Carver Middle School, thanked the City Commission, the City Manager, and Janet Meeks, Education Coordinator. Sergeant Scott McGuire, Delray Beach Police Department, presented Officer Jeffrey Miller with the S.P.LR.LT. award for the quarter of October 1, 2010- December 31, 2010. Sergeant McGuire stated Officer Miller responded to a family in need and the house this family was living in was much like an abandoned home. Sergeant McGuire stated Officer Miller made sure this family had everything from beds to food and went above and beyond during the holidays making sure this family had Thanksgiving dinner and presents for the children at Christmas. 7.D. "You are Not Alone" -Delores Rangel Mayor McDuffie recognized and commended Delores Rangel, Administrative Assistant, for working with the City Commission and for the many years she has been involved in the "You are Not Alone Program" and "Forgotten Soldiers". Delores Rangel, Administrative Assistant, stated this year marked their Sm Annual Project Holiday and noted by the third week the donations were coming in and the drop-off locations were calling for someone to pickup and they were doing merchandise inventory about every night. Mrs. Rangel stated on Sunday, November 21, 2010, she and over 101 volunteers packed approximately 352 boxes from 8:30 a.m. until 4:30 p.m. She stated they received $4,200.00 in monetary donations, approximately $42,000.00 in merchandise, and the postage cost was $2,908.00. Ms. Rangel stated this was an amazing year and noted a private country club in Delray Beach was too late to 4 01/18/11 give to Project Holiday; however, in three days they raised $1,000.00 in their community and asked if they could donate to a military family. Mrs. Rangel stated two military families were able to benefit from the donation and residents of the country club prepared a holiday meal for the military families as well. In addition, Mrs. Rangel stated every year a lady donates baby dolls with strollers and makes the clothes for these dolls and these dolls go to a little girl whose parentis overseas for the holidays. Mrs. Rangel thanked Creig Dave, and Thomas for being her facilitators for "You are Not Alone" and without them Project Holiday would not be what it is. In addition, Mrs. Rangel stated she spent over 125 hours on Project Holiday and thanked her husband, the Castro Family, and a marine mom of twins. Mrs. Rangel thanked the City Commission for embracing Project Holiday and for the participation in the packing day event, the City Manager, the City Manager's office for giving her support, and Marla and Harry Birman from Boca Raton. At this point, Mayor McDuffie presented awards to Franklin Castro, Joyce Kaufman, and Marla and Harry Birman for their assistance with Project Holiday. Mayor McDuffie stated Delores daughter Melissa has been on five (5) tours to the Persian Gulf and noted he had the privilege of being aboard the USS Enterprise in 2006 coming back from the Persian Gulf and it is like Christmas every day when the boxes show up. Mayor McDuffie thanked Mrs. Rangel for the countless hours and sacrifices she has made to make Project Holiday a success. 7.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 Mayor McDuffie recognized and commended Beverly Wright, Cerina Anderson, and Patricia Flowers for their contributions to the Annual Youth Summit held on July 9, 2010. In addition, on July 10, 2010, Beverly Wright, Cerina Anderson, and Patricia Flowers assisted with the planning, organizing and implementation of 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 (Broward, Palm Beach and the Treasure Coast area). Mayor McDuffie stated this was an amazing event and the entire Seacrest Soccer Complex was filled from one end to the other with football players. Thomas Mitchell, Delray Beach Police Department, thanked the City Commission for recognizing these three employees. Mr. Mitchell stated the Annual Youth Summit was started approximately eight years ago and only a few kids attended. Mr. Mitchell stated this year over 1,200 children ages 5 to 18 attended. 8. CONSENT AGENDA: City Manager Recommends Approval. 5 01/18/11 8.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. 8.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 Renouri shment Project. 8.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 Proj ect. Funding is available from 501-3312-591-62.10 (Garage Fund: Capital Outlay- BuildingBuilding). 8.D. EXTENSION TO THE PARKING AGREEMENT/ACCURATE PARKING SERVICES: Approve an extension to the agreement with Accurate Parking Services to allow staff time to process RFP 2011-07. 8.E. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.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--way. 8.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. 8.H. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS TTF,M 9 A A 8_I. 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. 8.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 6 01/18/11 is available from 334-2111-521-66.10 (General Construction Fund: Books/Publications/Software). 8.K SPECIAL EVENT REQUEST/13th ANNUAL CINCO DE MAYO FIESTA: Approve a special event request to allow the 13th Annual Cinco De Mayo Fiesta to be held Saturday, 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 2.4.6(F) for use of the Old School Square Park; to authorize staff support for traffic control and security, 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 (3) 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. 8.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 January 14, 2011. 8.M. AWARD OF BIDS AND CONTRACTS: 1. Bid award to CJ Contracting, LLC. in the amount of $72,360.75 for one (1) NSP Housing Rehabilitation project through the Community Development Division for 210 N.E. Sm Court. Funding is available from 118-1935-554-62.12 (Neighborhood Services: Capital Outlay/Acquisition Rehabilitation). 2. Contract award for three (3) 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 Jemstone Construction Group, 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 Rental/Lease). 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 (Special Projects Fund: Machinery/Equipment/Other Machinery/Equipment). 7 01/18/11 5. Purchase award to Southern Sewer in the amount of $201,509.00 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/ Heavy Equipment). Mr. Frankel moved to approve the Consent Agenda as amended, 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. REGULAR AGENDA: 9.A.A. RESOLUTION NO. 05-ll: Approve Resolution No. OS-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. The caption of Resolution No. OS-11 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTIONS 55-09 AND 58-09, WHICH ESTABLISHED AND CLARIFIED THE RESPONSIBILITIES OF THE FINANCIAL REVIEW BOARD AND ITS MEMBER REQUIREMENTS, TO CLARIFY THAT THE BOARD'S DUTIES SHALL FALL UNDER THE DIRECTION OF THE CITY MANAGER OR CITY COMMISSION AND TO RESTRICT THE MEMBERSHIP OF THE BOARD; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. OS-11 is on file in the City Clerk's The City Attorney stated Resolution No. OS-11 modifies the responsibilities and member requirements of the Financial Review Board (FRB) and this also came before the Commission at their Workshop Meeting last week. At that time, the changes that staff recommended be made are as follows: (1) 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; (2) no City employee shall be eligible to serve on the Financial Review Board; (3) no officer or director of any organization which is receiving, has received or has requested financial assistance or in-kind assistance from the City 8 01/18/11 within the past 3 years, shall be eligible to serve on the Financial Review Board. Mayor McDuffie stated it was brought to his attention that there are some unintended consequences of this resolution. NIr. Fetzer stated he previously brought up that he felt it was a conflict of interest to have City employees sitting on this board. He stated his intention was to have something drafted to address that and this resolution is a little more onerous. Mr. Fetzer stated as pointed out in the email he received today this has some consequences with 3-4 other members of the board. For example, Howard Ellingsworth serves on the Historical Society Board and this would make him ineligible for the Financial Review Board. Mr. Fetzer stated NIr. Fetzer expressed concern that we have gone too far with this and asked the Commission to reconsider this and get advice from the City Attorney. Mr. Fetzer asked if we have this restriction on other boards. The City Attorney stated most of the other boards the City has is governed by the Land Development Regulations. The City Attorney stated the City also does not have a restriction as far as the officer/director which is the key restriction that is creating part of the conflict. The City Attorney stated the City does not have that restriction on other boards. NIr. Fetzer urged the Commission to table this resolution and stated his intention would be to not have City employees sitting on this board but at the same time to not make this a much more restrictive board than we have now. NIr. Fetzer stated the FRB does not make policy because it is an advisory board and he feels we have gone too far with this. NIr. Eliopoulos stated this board was actually communicating with City staff without the Commission's knowledge and the Commission needs to relook at why we have this board. NIr. Eliopoulos stated he does not believe that City employees should be on any City Boards because it presents conflicts. He stated the Commission needs to be kept abreast of how this board is looking at things and concurs with Commissioner Fetzer that this resolution will eliminate people that are quite qualified (i.e. Howard Ellingsworth who would no longer be able to serve on the board). NIr. Eliopoulos stated he supports holding off on this and working with the City Attorney and/or staff to figure out how this can be worked out. Mrs. Gray stated she supports tabling this resolution and having more discussion about it. However, Mrs. Gray expressed over the conflict of interest here and stated maybe there are guidelines to place in the resolution but she does not want to run away board members. NIr. Frankel stated the Budget Task Force who provided a book with great ideas and there were never any problems. He stated then this Task Force was changed to the Financial Review Board (FRB) and he wants to get back to that great group that provided so many great ideas although the Commission could not implement all of them. NIr. Frankel stated it appears the issues occurred once the FRB was created and he supports tabling this resolution. 9 01/18/11 Mayor McDuffie stated one of the things the Commission saw as evidence of and the symptoms of one of things was that they were not as tightly controlled and managed by a Department Head, City Manager, or an Assistant City Manager. Mayor McDuffie stated they had carte blanche; some of the members read one way and some of the members read another way. Mayor McDuffie supports tabling this resolution and stated the Code of Ethics coming up out of Palm Beach County is going to set very stringent rules for anyone who is an Advisory Board member in any local government in Palm Beach County. Mayor McDuffie stated he sits on the Committee at the Palm Beach County League of Cities for the lobbyist registration in working with the Ethics Commission and suggested that the Commission speak to them before all of this becomes law and let them know that it is going to be very hard to attract board members with the restrictions that the Commission started to place here and some of the restrictions that they have in place in that ordinance right now. Mayor McDuffie stated the Commission may not prevent someone because of the fact that they are with anon-profit organization that has actually received money from the city, although he believes that ordinance prevents that as well, but once this becomes law all of the advisory boards in the City of Delray Beach will be under the same reporting requirements that all the elected officials are under. Therefore, Mayor McDuffie stated they are going to have to file financial disclosures and gift reports in a non-paid volunteer position for an advisory board. Mayor McDuffie stated we need to get the word out that they are going to make it harder for the City to fill the seats on the advisory boards. Mr. Eliopoulos suggested that the City Clerk's office communicate to the applicants prior to them applying for a board that they have to fill out a Statement of Financial Interest Disclosure Form (Form 1). Mr. Eliopoulos stated he does not believe applicants are going to be aware of this and if someone gets appointed to the FRB they are not going to realize that if they work for anon-profit and if they have approached the City in the last three years for a grant that they are not going to be eligible. Mr. Eliopoulos stated as the City is searching for applicants that we let them know what is expected of them because he feels it is part of staffs job to communicate this to the applicants. Mr. Fetzer moved to table Item 9.A.A. (formerly Item 8.H.), 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.A.A.A. ACCEPTANCE OF DONATION/SHELLY WEIL: Authorize acceptance of a donated Boy Scout sculpture from Shelly Weil. Mr. Eliopoulos asked if there is a policy in place for people that want to give the City artwork or sculptures and inquired as to why this would be placed at Old School Square Park and not the Machek Boy Scout Park. Mr. Frankel stated he was at the Public Art Advisory Board meeting months ago and Mr. Weil expressed concern that they did not get the amount of traffic at the Boy Scout Park as they would at the Old School Square Park. Mr. Frankel stated it is 10 01/18/11 a really beautiful piece and Mr. Weil wants more people to enjoy it Mr. Fetzer concurred with comments expressed by Commissioner Eliopoulos that the City needs to develop guidelines so that they can develop some guidelines so that the Commission can make decisions on things like this. Mrs. Gray concurs that staff should develop guidelines and asked if the Commission should accept this and then put a policy in place or table this item and then put the policies in place. The City Attorney stated the Commission is accepting it and at this time have given the direction to staff that we need to look at so that way if this does come up again that staff can develop guidelines so that everyone is better prepared when something like this comes up. Mr. Hasko stated staff maybe able to get some assistance from the County Coordinator that the City is using for the Public Art Advisory Board. Mrs. Gray asked who decides where the artwork should be placed. The City Attorney stated if approved tonight it would be the City Commission deciding on where this piece will go. The City Manager stated there has been lengthy discussion about various locations for this piece and it was recommended by the Public Art Advisory Board that Old School Square Park would be an appropriate location for this particular piece. Mr. Frankel stated he was at that meeting and noted there was lengthy discussion about the piece and after much debate the Board decided on Old School Square Park and believes Joe Gillie was okay with this as well. Mayor McDuffie stated he would like to have a policy in place; however, he does not want to penalize Shelly Weil. Mr. Frankel moved to Item 9.A.A.A. (formerly Item 8.E.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:06 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.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. The caption of Ordinance No. 02-11 is as follows: 11 01/18/11 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 EFFECTIVE DATE. office.) (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. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this is for a city-initiated amendment to the Land Development Regulations (LDRs) Section 4.5.3, "Flood Damage Control Districts", to add new regulations to conform to changes in State laws. Mr. Dorling stated there are recent changes made to the Florida Building Code and this needs to be reflected in the local government codes. At its meeting of December 20, 2010, the Planning and Zoning Board recommended approval with a 6 to 0 vote. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 02-11, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 02-11 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:12 p.m., the Commission moved to Item 11.B., Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.B. From the Public. 11.B.1. Mario Danielle, 2740 Monroe Avenue, Rochester, New York (owner of the property on 12 S.E. 1st Avenue known as the Royal Atlantic), stated for the past three years he and others have had many problems within the accessibility of their building, the collection of the refuge, and problems with blocking the driveway from traffic along with having a severe problem with the traffic. Mr. Danielle stated some of his tenants are unable to get in and out and some of the drivers of the valet parking have 12 01/18/11 hit dogs while driving the wrong way. He stated he made numerous attempts with the Police Department and City Hall to get this issue resolved and got nowhere. Therefore, NIr. Danielle stated he wrote a letter to the Police Department and was very serious about turning this into a legal matter but he felt he owned the City Commission the privilege of making his complaints public record. Mr. Danielle stated approximately five days ago he received a telephone call from the Police Department stating that the City of Delray Beach has decided to change the traffic pattern. He stated at one time the traffic flowed both east and west. Mr. Danielle stated because they had several problems they decided the best way to do it was to have the traffic traveling east while everybody is driving west (the valet parking). Mr. Danielle stated his project is in jeopardy and he has lost several tenants because of it. 11.B.2. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, expressed concern over people opening a business without the proper permits, licenses, reviews, and proceeding to operate in spite of missing licenses, permits, CO's and approval. Mrs. Finst suggested the following to track business activities which will mean revenue for the City. (1) when a business needs to turn on water that they be required to present a business tax receipt, (2) that a business be required to present a certification of zoning, and (3) that a business be given an annual window sticker to indicate that annual fees have been paid. Mrs. Finst stated when a business comes to make their first contact with the City that they view a "Heads Up" or "Know Your City" video on how the City operates and it could also be used for residential people. She suggested that they be asked as part of the permit process to sign that they have seen the "Heads Up" or "Know Your City" video. Mrs. Finst stated this would help alleviate some of the problems that have been seen here recently. 11.A. At this point, the time being 7:19 p.m., the Commission moved to Item 11.A. City Manager's response to prior public comments and inquiries. inquiries. The City Manager had no response to prior public comments and 9.A.A.A.A. 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 (3) quarters. Robert A. Barcinski, Assistant City Manager, stated this item is a request from the Creative City Collaborative (CCC) to begin the quarterly voluntary solicitation of donations for cultural programs and to waive the payment to the City of the printing and mailing costs which is approximately $4,170.00 for three (3) quarters this fiscal year ($1,395.00 for printing of 26,000 and putting them in with the water bill). 13 01/18/11 Mr. Eliopoulos asked what the amount was with regards to the cost and the actual monies that came in. Mr. Barcinski stated the City absorbed those costs and let the CCC keep the income and the total collected was $2,111.00. Mr. Eliopoulos asked what it cost the City and Mr. Barcinski stated it cost the City approximately $1,390.00. Grey Weiss, Board Member of the Creative City Collaborative C( CC), stated he is here to answer any questions on behalf of Tom Carney who could not be present this evening. Mrs. Gray expressed concern over other non-profits and asked how we would address them if they come forth and want to advertise the same way. Mr. Barcinski stated the original intent of this was that the CCC would collect this money and then offer grant programs to those other non-profits. Mr. Weiss stated the CCC is utilizing this for similar type programs for example with regard to Spady and Black History Month. Mrs. Gray expressed concern about how this would be handled if someone else requests the same privilege and setting a precedent. The City Attorney stated the Commission would not be legally bound but they would have to respond to that question. Mrs. Gray asked to see the CCC's budget before the Commission makes a decision on this. Alyona Ushe, Executive Director of the Creative City Collaborative, C( CC), stated the CCC has a budget from the Community Redevelopment Agency (CRA) and the majority of the funding is designed to go to the warehouse which is still in the planning stages. Ms. Ushe stated they have a smaller budget for the Arts Garage as well but in terms of operational programming those are the funds they have to raise on their own. Mr. Eliopoulos stated he has been a big supporter of this organization and there has been some criticism over the years of if you had an organization like this how you actually go ahead and pick and chose the non-profits and how you help them. Mr. Eliopoulos concurs with comments expressed by Commissioner Gray about this setting a precedent. Mr. Eliopoulos stated he would like to see a better policy in place that the Commission feels comfortable with. Mr. Fetzer stated the City makes contributions to other non-profits in the City and they prioritize those. He stated this is a new organization that the City is going to have to help a little bit to get started. Mr. Fetzer stated another unique characteristic is that the City is soliciting voluntary contributions from residents to help fund this. Mr. Fetzer stated although he does not want to see this as a permanent thing, he supports doing this for the next three quarters. Mr. Frankel asked if the $4,170.00 will be reimbursed to the City at some point. Mr. Weiss stated this did go to help solicit co-op programs and donors and was a collaboration of a private/public partnership. Mr. Weiss stated since he joined the CCC recently and the Board of Directors has also been solicited to donate private money as 14 01/18/11 well. NIr. Frankel stated staff's recommendation is that the CCC should reimburse the City for our costs and if that is not the case, then he concurs with comments expressed by Commissioner Eliopoulos and Commissioner Gray that if down the road after the three quarters the $4,170.00 would be reimbursed, then he could support it. Mayor McDuffie stated staff does not have a problem with resuming this solicitation on a quarterly basis, but he feels that the Creative City Collaborative, which is an independent non-profit, should reimburse the City for our costs from funds they might receive. Aram Gesar, Chairman of Marketing for the City Creative Collaborative (CCC), stated the CCC would like to add that this will also benefit the City indirectly because the promotion of various events will attract media attention and people to the City. The CCC is also looking at private donations from other organizations. Mrs. Gray stated the Commission has no doubt that it would be bringing more people; however, she feels the City should be reimbursed because we are advancing the dollars and helping in many ways. Mrs. Gray stated her recommendation is that if the City does move forward that the CCC reimburse the City not if they make a profit. NIr. Eliopoulos stated there are plenty of non-profits and all of them have good causes and they all bring the community together on some format or another. He stated there needs to be something in place. Ms. Ushe stated the CCC was created by the City Commission to advance the arts in Delray Beach and she feels in that case they are different from other art organizations. In addition, Ms. Ushe stated since they are trying to launch this fairly quickly with various initiatives that invite and engage other non-profit organizations, she feels this should be an exception to the rule. Mayor McDuffie stated he is a huge supporter of the arts and most everything that the non-profits do; however, he stated the City's budget is $1 million and he is trying to find a way to balance the budget. Mayor McDuffie stated small amounts like this ($4,170.00) add up and become large numbers. Mayor McDuffie stated this is an unprecedented time and concurs with his fellow Commissioners. He stated the non- profits are parading through the City's doors and for many of the others over the last several years the City has increased the amount that they have to pay for their events to try and recover the money that the City was losing. Mayor McDuffie stated he would like to see a policy written and does not support the request from the CCC at this time. NIr. Fetzer moved to authorize the quarterly voluntary solicitation of donations on the water bills, seconded by NIr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray - No; Mayor McDuffie -Yes; Mr. Eliopoulos - No; Mr. Fetzer -Yes; NIr. Frankel -Yes. Said motion passed with a 3 to 2 vote, Commissioner Gray and Commissioner Eliopoulos dissenting. 15 01/18/11 Mr. Frankel moved to waive payment ($4,170.00) of the cost of the solicitation, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie - No; Mr. Eliopoulos - No; Mr. Fetzer -Yes; Mr. Frankel - No; Mrs. Gray - No. Said motion to waive payment was DENIED with a 4 to 1 vote, Commissioner Fetzer dissenting. 9.A. WAIVER REQUESTBANDERA 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. 22nd Lane. (Quasi-Judicial Hearing) dais. Mr. Eliopoulos declared a conflict of interest and stepped down from the 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. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2011-001 into the record. Mr. Dorling stated this is a request for a waiver associated with a Class V site plan for Bandera Holdings Office project located on North Federal Highway. The development is an office building that has gone through the Site Plan process and as part of that has requested relief from LDR Section 4.3.4(H)(6)(b)(2) which requires a special landscape setback of 10 feet along Federal Highway. The relief is a small area at the corner of this building; this corner is hardscaped within that landscaped area and by Code it is required to be landscaped and not hardscaped. Mr. Dorling stated staff believes that this is a minor modification and therefore is supportable. He stated positive findings are made to LDR Section 2.4.7(B)(5) and staff recommends approval. Rustem Kupi, Kupi Eliopoulos Architects, P.A., 205 George Bush Boulevard, Delray Beach, FL 33444 (Proiect Architect), stated that is a handicapped accessible egress and basically the sidewalk is sticking out into that landscape area. Mr. Kupi stated the sidewalk is lower than the main building and noted that those sidewalks and ramps have to be in that area to be able to gain access to the site. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing 16 01/18/11 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). NIr. Frankel moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. 9.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 Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he had a telephone conversation with the attorney for applicant. Mrs. Gray stated she also had a telephone conversation with the attorney for the applicant. Mayor McDuffie, Mr. Eliopoulos, and Mr. Fetzer had no ex parte communications to disclose. George Diaz, Chief Building Official for the City of Delray Beach, stated this item is for consideration of approval for modification to the Standards for Approval of the Land Development Regulations pursuant to Section 7.9.4 and 7.9.5 governing the standards of approval for Docks. Pamela Kane, Sachs Sax Caplan Attorneys at Law, 6111 Broken Sound Parkway NW Ste. #200, Boca Raton, FL 33487, represents the applicant, distributed a copy of the survey and stated this is a pie shaped lot with the large end of the pie at the street and the very small end of the pie at the canal behind the house. The small property line along the canal is 35 feet and presently the dock runs along there except for 6 '/z feet on the north side and 1 '/z feet on the south side. Ms. Kane stated the condition of the sea wall is so bad that the property is falling in and the structure needs some reinforcement. Therefore, the owner is having the seawall redone along with the dock Ms. Kane stated the owner's request is to replace the dock in the exact same position that it is. The LDRs has changed since the time the dock was installed and there is now a 10 foot setback requirement and replacing it at the same place that it is now would not meet that and that is why the owner is requesting a modification of this setback 17 01/18/11 requirement. Ms. Kane stated the two criteria is whether or not it affects the public health and safety which the Chief Building Official has stated it does not and the other criteria is that it creates a hardship. Ms. Kane stated in this instance if the owner were to abide by the setback requirements her dock would shrink by over 50% of the current dock that it is now. Ms. Kane stated she did a survey of all the properties along the water in Delray Beach between the golf course and Atlantic Avenue on the Intracoastal side and there are approximately 97 properties and of those there are only six webbed shaped lots that are similar to this and of those six three already have docks and those three have docks that extend almost to the property line. Ms. Kane stated in this instance it would be a hardship on the owner because of the dimensions of her property which is something she did not create. Ms. Kane urged the Commission to approve the waiver request. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mrs. Gray moved to adopt the Board Order as presented, 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.C. REQUEST FOR SIDEWALK DEFERRAL/DELRAY CHRYSLER JEEP 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. Paul Dorling AICP, Director of Planning and Zoning, stated this item is a request is to allow the deferral of required sidewalk improvements along Old Dixie Highway associated with the construction of a new 17,610 square foot addition for a showroom/write-up area for a site currently known as Delray Lincoln Mercury. At its meeting of November 18, 2010, the Site Plan Review and Appearance Board (SPRAB) approved a site plan for the this new two-story addition which is to be located in this location. Mr. Dorling stated the Board recommended either that the sidewalk be provided or that the appropriate relief be granted by the City Commission. The Development Services Management Group (DSMG) considered the sidewalk deferral request and recommended that the sidewalk be installed concurrently with the development proposal. Staff looked at sidewalks that have been required up and down this corridor and the applicant will indicate that there is not a continuous sidewalk and therefore this relief should be granted. Mr. Dorling stated staff does not agree with 18 01/18/11 that. Mr. Dorling stated there are several sidewalks which will be installed in the near future and staff would consider this development significant enough that the sidewalk be applied at this point. Staff recommends that the sidewalk deferral agreement not be supported or approved by the City Commission and that the sidewalk be installed with this redevelopment. Gre~ory Miklos, 2263 N.W. Boca Raton Boulevard, Boca Raton, FL (Architect for the proiect), stated FDOT started putting sidewalks adjacent to the roadway and no one knows when Dixie Highway is going to be done and what the actual requirements are by FDOT. Mr. Miklos stated the issue is the location of the sidewalk and they do not want to install a sidewalk in where the sidewalk in the future is not going to be required to be because he feels this is a waste of money. He stated a good solution is that they contract with the City and when the road is done they will install the sidewalk at their cost. Mr. Eliopoulos disagrees with the applicant and stated commercial properties have an obligation to provide sidewalks. He stated he understands the status of what the applicant talked about with regards to Dixie Highway and FDOT. Mr. Eliopoulos stated the City was just recognized for being apedestrian-friendly city and he believes in sidewalks especially for commercial jobs. The City Manager commented about what FDOT did in Delray Beach on South Federal Highway and what they are doing right now in Boca Raton is they are putting sidewalks at the property lines. He stated he does not see FDOT building a curbed street on Dixie Highway and it could be 10 or 15 years before that is done. The City Manager stated in the meantime a sidewalk is needed. Mayor McDuffie stated he sits on the MPO (Metropolitan Planning Organization) and they just recently finished the 2035 plan and he saw no activity on Dixie Highway through 2035. Mrs. Gray stated she is an advocate for sidewalks and if we are going to ask other applicants to install sidewalks then this applicant should have to install sidewalks as well. Mr. Frankel and Mr. Fetzer concurred with comments expressed by Commissioner Eliopoulos and Commissioner Gray. Mr. Eliopoulos moved to approve the sidewalk deferral request for Delray Chrysler Jeep Dodge, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray - No; Mayor McDuffie - No; Mr. Eliopoulos - No; Mr. Fetzer - No; Mr. Frankel - No. Said motion was DENIED with a 5 to 0 vote. 9.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. 19 01/18/11 Paul Dorling AICP, Director of Planning and Zoning, stated this item is a request for a sidewalk deferral for Seasage Drive and Melaleuca Road for property known as Melaleuca Road Estate. Mr. Dorling stated the applicant has requested construction of a new two-story home in this neighborhood and they have asked for a deferral of the required sidewalks along the north and west property lines. Mr. Dorling stated there are no sidewalks throughout this neighborhood and similar deferrals have been approved for other lots that have recently been developed. At its meeting of July 15, 2010, the Development Services Management Group (DSMG) supported both sidewalk deferrals. Mrs. Gray stated although she is an advocate for sidewalks and since there are no sidewalks here, she concurs with staff's recommendation. Mr. Eliopoulos stated this policy is a good one for us to be able to go back and get sidewalks when we can or if we need to in the future. Mr. Frankel moved to approve the request for a sidewalk deferral for Melaleuca Road Estate, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie - No; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes. Said motion was DENIED with a 4 to 1 vote, Mayor McDuffie dissenting. For the record, Commissioner Eliopoulos stated with regard to sidewalks there is an obligation for commercial properties to have sidewalks and access for handicapped people to every property. 9.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. dais. Mr. Eliopoulos declared a conflict of interest and stepped down from the Paul Dorling, AICP, Director of Planning and Zoning, stated this item is acceptance of a limited access easement agreement associated with the modifications to 316 Andrews Avenue in the North Beach Overlay District located at the southwest corner of Andrews Avenue and Waterway Lane. Mr. Dorling stated the applicant proposes to construct a 1,125 square foot one-story addition to an existing 1,888 square foot one- story single-family residence. Mr. Dorling stated the front of the house currently faces Andrews Avenue; however, pursuant to the LDRs the frontage is classified for corner lots on the side that has the narrowest dimension on the street. Mr. Dorling stated Waterway Lane requires a 35 foot setback which would not allow the proposed construction as it would encroach within the required setback. The owners are proposing a limited access easement along Waterway Lane which would make the property line along Andrews 20 01/18/11 Avenue their frontage. This would allow the proposed 1,125 square feet one-story addition to extend to the required 17 foot side street setback along Waterway Lane. Staff recommends approval. Mr. Fetzer moved to approve acceptance of a limited access easement agreement, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 0 vote. 9.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. dais. Mr. Eliopoulos declared a conflict of interest and stepped down from the Paul Dorling AICP, Director of Planning and Zoning, stated this item is a request for a sidewalk deferral of a five foot sidewalk adjacent to the rights-of--way along Andrews Avenue and Waterway Lane because there are no sidewalks in the neighborhood. At its meeting of January 13, 2011, the Development Services Management Group (DSMG) supported the sidewalk deferrals. Staff recommends approval. Mr. Frankel moved to approve the request for a sidewalk deferral along Andrews Avenue and Waterway Lane for property located at 316 Andrews Avenue, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. 9.G. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. At this point, the time being 8:12 p.m., the Commission moved to Item 9.H. of the Regular Agenda. 9.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 January 31, 2011 for this event. 21 01/18/11 Robert A. Barcinski, Assistant City Manager, stated this item is a request from Mr. Joe LaViola, the producer of the event, to extend the deadline for required rental agreements with Old School Square and the City for the park as well as the deposits for the Old School Square rental and the park rental; and, staff required an additional $2,000.00 deposit upfront. Mr. Barcinski stated at its meeting of December 7, 2010, the City Commission originally set the deadline for December 31, 2010. Due to financial reasons, Mr. LaViola has requested that this date be extended to January 31, 2011. Mr. Barcinski stated by the time staff received this request it was too late to get this on a December agenda. Mr. Fetzer stated he was concerned with the information the City received from the Education Board which has a proven track record in the city and with all due respect to this applicant, the Commission is excited about what Mr. LaViola is planning to do in the city. However, Mr. Fetzer expressed concern over a potential conflict with these events on that date. Mr. Barcinski stated the City deals with the requests on a first come/first serve basis. Mr. Fetzer inquired about the time commitments that were not met in terms of the deposits. Mr. Barcinski stated originally the Commission set the deposit requirements for December 31, 2010. Joe LaViola, Producer, stated he started this project approximately 18 months ago (March 2010) and approached Old School Square about dates and they gave him a date of October 23, 2010. Mr. LaViola stated he solicited companies to get sponsorship and a short while after that he was told that he could not have that weekend but he could have the following weekend which would have been Halloween weekend. Mr. LaViola stated he then had to go back to these companies and tell them the date had been changed. He stated then there was another conflict with an event at Old School Square and they said he could have November 5-7, 2010 and he submitted the application to the City and the same day received a call back telling him he could not have it that date because it is conflicting with the Chris Evert Tennis Tournament. Mr. LaViola stated after a couple of weeks of discussion they talked about the March date. Mr. LaViola stated he has put forth a great deal of money out of his pocket and many of his sponsors that he had for 2010 have to go back and take it out of their 2011 budget. Mr. Eliopoulos stated some of these things have not been Mr. LaViola's fault; however, expressed concern that Mr. LaViola is unable to obtain the funds by January 31, 2011. Mr. Eliopoulos stated although Mr. LaViola is asking for the extension to the end of January, he suggested that Mr. LaViola bring in payments beginning next week so that the Commission knows that this money is starting to come in. Mrs. Gray stated she supports extending the deadline to January 31, 2011. Mr. Frankel stated he too supports extending the deadline to January 31, 2011 as long as the promises made are lived up to. Mr. LaViola stated he has been a resident of Delray Beach for 18 years and works on the Avenue as a real estate agent. 22 01/18/11 Mayor McDuffie asked when the event is being held. NIr. LaViola stated the event will be held March 25-27, 2011. The entertainment scheduled is top notch Italian/American singers and a couple of bands and he has talked to restaurants about bringing food in rather than regular vendors. He stated this is not going to be a street type festival. NIr. LaViola stated he plans to have a 50 foot replica of the Trevi Fountain in Rome, Italy which an artist in Chicago has built and he believes this will be a great focal point. NIr. LaViola stated they are going to have an Italian/American Idol contest for kids. In addition, Mr. LaViola stated they will also hold a Silent Auction and give the proceeds to the Forgotten Soldiers Outreach. Mayor McDuffie stated he supports the extension as long as the deposits are in by January 31, 2011. Mrs. Gray moved to approve to extend the deadline for required rental agreements with Old School Square and the City and payment of deposits from December 31, 2010 to January 31, 2011 for this event, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; NIr. Eliopoulos -Yes; NIr. Fetzer - No. Said motion passed with a 4 to 1 vote, Commissioner Fetzer dissenting. 9_I. 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). NIr. Frankel moved to appoint Martin Cherry 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: Mrs. Gray -Yes; Mayor McDuffie -Yes; NIr. Eliopoulos -Yes; NIr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:22 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 01-11: Modification to the Gulfstream Building SAD (Special 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 is located on the north side of George Bush Boulevard east of the Intracoastal Waterway at 1177 George Bush Boulevard. If passed, a public hearing will be held on February 1, 2011. The caption of Ordinance No. 01-11 is as follows: 23 01/18/11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 39-90, THE GULF STREAM BUILDING, 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 4.4.25(G), "S.A.D.s," SUBSECTION (6), TO REFERENCE ORDINANCE 01-11; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 01-11 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 modification to the Gulf Stream Building SAD (Special Activities District) to allow an additional option for one residential condominium unit on the 5th floor with a maximum square footage of 4,925 square feet and a maximum of four bedrooms. The current option for commercial and office uses on all five floors will continue. The Gulf Stream Office Building was constructed in 1962 under the RM-10 (Multiple Family Residential Medium Density 10 units/acre) Zoning District and the initial SAD (Special Activities District) zoning ordinance was approved by the City Commission on September 11, 1984 and that outlined specific uses that were allowed. Mr. Dorling stated it was again modified September 1990. Mr. Dorling stated those uses that were listed as potential in this building were listed as all conditional uses and very specific in their square footages. The modification will also include changing the listed uses from conditional to permitted uses. At its meeting of December 20, 2010, the Planning and Zoning Board recommended approval with a 6 to 0 vote. Staff recommends approval of the changes. Mr. Eliopoulos moved to approve Ordinance No. 01-11 on FIRST Reading, 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. At this point, the time being 8:26 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, City Attorney, and the City Commission. 24 01/18/11 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated this afternoon he sent out an email update on the Deck 84 issue and how that is impacting Marine Way. He stated they are going to make some signage changes and the Police Department has met with the management of Deck 84 about the illegal parking that has been experienced in the area and they are going to do some concentrated enforcement. The City Manager stated if that does not solve the problem then in two or three weeks staff will come back and do something different. He stated this issue was discussed at the Development Services Management Group (DSMG) meeting last Thursday and then the Police Department discussed it today at their operations meeting. Secondly, the City Manager stated he was hoping to be able to announce a Finance Director this evening but the City is still in salary negotiations. Lastly, the City Manager stated he has forwarded the drafts on the ethics ordinance. The City Manager stated two of the drafts are okay; however, from his perspective there are issues with the other three. The City Manager stated the Palm Beach County League of Cities has three representatives on the Drafting Committee and they have approximately 90 days to finish their drafting so by the end of March they have to be finished and then it goes to the County Commission for adoption or modification. The City Manager strongly encouraged the City Commission to read through the information and let them know their concerns. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated he enjoyed the Martin Luther King Day events and the energy around those events with the City is incredible and congratulated everyone who organized those events. Secondly, Mr. Fetzer thanked staff for the update on Marine Way and asked the City Manager to keep the City Commission in the loop regarding Deck 84 to see what is working and what is not to see if there is some sort of a more permanent solution to this. Mr. Fetzer stated at the Martin Luther King, Jr. Breakfast he discussed how AT&T provided a funding grant to the Spady Museum last year and the employees at AT&T to the Telephone Pioneers of America have wanted to continue that relationship 25 01/18/11 with the Spady Museum and announced that on Saturday, January 22, 2011 at 9:00 a.m. at Spady Museum there will be a dedication and donation and they will plant 11 different types of trees along with four different park benches. NIr. Fetzer stated it is great to see private industries get involved with anon-profit like the Spady Museum. NIr. Fetzer commented about emails regarding the March Election and if we are going to have an uncontested election whether or not the City of Delray Beach should be spending $40,000.00 on a Charter Amendment. The City Clerk stated she and the City Attorney discussed this issue and the language regarding whether or not the City will have the question regarding the terms on the ballot and that is due February 4, 2011 to the Supervisor of Elections Office. The City Clerk stated if the City decides at the end of qualifying (February 8, 2011 at 12:00 noon) and if all of the seats remain unopposed and there is no election, staff can let them know on February 8th for sure that we will not have an election. However, the City Clerk stated the Supervisor of Elections Office informed her that there may be a minimal charge and they are not sure what that cost would be because once we let them know on February 4th the language to go on the ballot in most cases they go ahead and prepare that portion of the ballot because 37 cities are having an election that day. The City Clerk stated depending on whether or not other cities will have questions on the ballot they try to go ahead and get that part of the layout done. The City Clerk stated there could be a minimal cost although we do not know what that will be at this time and she did alert the Supervisor of Elections Office that the City may not have that question in the event that we will not have an election. NIr. Fetzer stated he is opposed to having an election if that is the only item on the ballot. Mrs. Gray stated she disagrees and it will still save our City dollars if we do not have an election every year. Mrs. Gray stated other cities around us have moved to three year/two year terms. NIr. Frankel stated he feels this is appropriate to place on the February 1, 2011 regular meeting to discuss further. It was the consensus of the Commission to place this on the February 1, 2011 agenda for discussion. The City Attorney suggested the resolution state if there is no contested election for a Commission seat on March 8, 2011, then the City of Delray Beach will pull back its ballot language and that we do not place that on the March 8, 2011 Election Ballot. The City Attorney stated there is another item that will have to be addressed shortly thereafter which is the ordinance that we have in place that says here is the language that we have and his suggestion at that time may be to repeal that or look at moving it to another date. NIr. Fetzer stated he is favor of making preparations of withdrawing it because he does not think it is practical to have an election for that one ballot question when only a handful of people turn out to vote. Mayor McDuffie stated he supports the resolution. Mrs. Gray stated she does not feel that we need to penalize saving dollars in the long run because only a few people show up to vote. Mr. Frankel stated if it fails, there is no cost savings; there is a potential cost savings. Mrs. Gray stated another reason she wanted this to move forward regarding the terms is because if a Commissioner comes in and serves for a year then you have to campaign the rest of the time to run again. Mr. Eliopoulos concurs with the logic of Commissioner Gray's 26 01/18/11 comments. After brief discussion, it was the consensus of the Commission to prepare a draft resolution. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos asked the City Manager to follow up with the email from Marcy Weiss regarding the water bill. The City Attorney stated the issue is that the City has utilities by revenue bonds and we have to be very careful with what we do because we are pledging the revenue bond saying that we are going to get these revenues in. The City Manager stated he believes Ms. Weiss is trying to sell the building and it has been vacant since 2008 and he responded to her and Commissioner Eliopoulos and let her know that staff is trying to get in touch with the City's Bond Counsel. The City Manager stated in reviewing the Code, the City can discontinue temporarily garbage service but water and sewer continue which the owner pays. The City Manager stated the question now is even if the City wanted to, could we discontinue it. Secondly, Mr. Eliopoulos commented about the pension negotiations and suggested that the City Commission hold another SHADE meeting to discuss this. The City Manager stated the City received a constructive proposal from the Fire-Rescue Department and the City has now given them a counter proposal. 13.C.3. Mrs. Gray Mrs. Gray stated the Martin Luther King, 7r. Day programs were wonderful all weekend. Secondly, Mrs. Gray thanked the Community Redevelopment Agency (CRA) and Lula Butler for making sure that the park on the corner of Martin Luther King Boulevard and N.W. 5th Avenue was completed and stated this is a beautiful place. Mrs. Gray asked if the chicken ordinance can be placed on a Workshop Meeting. The City Manager stated this is going through the process and it is an LDR amendment and is going to the Planning and Zoning Department and will be forthcoming to the City Commission in due course. Mrs. Gray stated the reason she is asking for the Workshop Meeting is because they seem to be clumping the Community Gardens and the Chicken ordinance together when in actuality they are two separate issues. Lastly, Mrs. Gray commented about a letter from Mr. Reginald Cox about a disparity study. She stated they are asking the CRA to actually do the study itself now. Mrs. Gray asked if the CRA or the City should be doing this. The City Manager stated the CRA would be doing it for their own bids for themselves not for the City. 13.C.4. Mr. Frankel Mr. Frankel stated he sent an email out over the weekend about an article in the New York Times calling Delray Beach the "Hot Up and Coming Town in Florida". 27 01/18/11 In addition, Mr. Frankel stated News Channel 5 and Fox News did a television piece on top of it so it was good promotion. 13.C.5. Manor McDuffie Mayor McDuffie stated the Martin Luther King, Jr. Day events were great. He stated a very strong message was given at Christ Missionary Baptist Church (Bump Mitchell's church) and the MLK Breakfast was great. There being no further business, Mayor McDuffie declared the meeting adjourned at 8:49 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 18, 2011, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 28 01/18/11 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 1$, 2011. 2. The Applicant and City staff presented documentary evidence and testimony #o 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 1. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area, (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation, and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant ar 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 Oth Avenues), extending from SE 10th 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 City Commission Meeting from January 1$, 2011; Item 9.A. r • 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 fv accommodate a low retaining wall and cancrefe walkway for pedestrian access fo the sife from the existing concrete sidewalk along Federal Highway. {Nafe: fhaf the existing grade difference of appraximatefy 24'; requires the retaining wall) ..." Qoes the waiver request meet all of the requirements of 2.~.7(8~(a)? 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 fhe Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its tlndings 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)(F~)(b)(2). 8. Based on the entire retard before it, the City Commission hereby adopts this Order this 18th day of January, 2011, by a vote of ~ in favor an opposed. ATTEST: - Nelson S: McDuffie, Mayor Ghevelle Nubin, City Clerk 2 Cify Commission Meefing from January 18, 2011; Item 9.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CfTY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA MODIFICATION OF STANDARDS FOR APPROVAL REQUEST ASSOCIATED WITH A DOCK PERMIT FOR 414 N. ANDREWS AVENUE 1. This modification of standards for approval 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 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 1. I. MODIFICATION 01= STANDARDS FOR APPROVAL: Pursuant to LDR Section 7.9_q~(A) prior to granting a modification of standards for approval, the approving body shall make a finding that the granting of the modification of standards for approval: (a} is not feasible ar will constitute hardship; and (b) will not endanger public safety and welfare. A. Modifications of Standards to Permit a Decrease in the Minimum Distance Requirement for Docks from the Adjacent Property: LDR Section 7.9.5(B} 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,~) feet from the north property sine 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 1908. City Commission Meeting an January 98, 2011; Item 9.8. ,. ~ . r ~ Does the modification of standards for approval request meet all of the requirements of 7.9.4~A}? Yes / Nv 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 riot limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on tike entire record before it, the City Commission approves / denies the waiver request to LDR Section 7.9.5(B} fi. Based vn the entire record before it, the City Commission heresy adopts this Order this 18th day of January, X011, by a volfe of _~ in favor anc~' ~ o~osed. ATTEST: Nelson S: McDufl`ie, . ~~-~N Ghevelle Nubin, City Clerlt 2 City Commission Meeting on January 18, 2011, item 9.B. FORM SB MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--1=1RST NAME-MEDDLE NAMI~ NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, DR COMMITTEE Elio oulas Gary Delra Beach Cit Ca~ission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON Zfl5 GeOr a Bush Boulevard WHICH I SERVE IS A UNIT OF: CITY COUNTY ~$CITY ^ COUNTY ^ OTHER LOCAL AGENCY NAME OF POLETICAL SUBDIVISION: D F i s a m e DATE ON WHICH VOTE OCCURRED 1~J18~2~1)~ MY POSITION IS: ^ APPOINTIVE ~ ELECTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed loco[ officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency} by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-faw, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national ar regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. 1F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THI= DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this farm (before making any attempt to influence the decision) with the person responsible far recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1!2004 Item 4.A. PAGE 1 APPOINTED OFFICERS {continued) • A copy of the #orm must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE bECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Gary Eliopoulos ,hereby disclose that on January 18 20 11 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; - XK inured to the special gain or loss of my business associate, ~ .. ~_ ; ------~ - inured to the special gain or loss of my relative, ; inured to the special gain or foss of , by whom I am retained; or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Kupi ~ Ela.opouios Architecture, Inc. 1/18/2011 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §1'[2.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY I3E PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM SB - EFF. 112DD0 PAGE 2 FORM SB MEMORANDUM OF VOTING CONFL[CT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME- MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Blio onlos Ga Delra Beach Cit Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY DR COMMITTEE ON 205 Geor a Sitsh Boulevard 'WHICH I SERVE IS A UNIT OF: CITY COUNTY 6,10~.ITY ^ COUNTY ^ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: City of Delray Beach DATE ON WHICH VOTE OCCURRE- ~~1$~2fl~1 MY POSITION IS: ~ ELECT[VE ^ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bod'ses who are presented with a voting conflict of interest under Section 912.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her speciaf private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency} by whom he or she is retained {including the parent organization or subsidiary of a corporate principal by which he or she is retained);.to the special private gain or foss of a relative; or to the special private gain or foss of a business associate. Commissioners of community rede~eloprrlent agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coawner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). W ,~ • ELECTED OFFICERS. fn addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this farm with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. ~, APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, ycu otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE W[LL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 112DD0 Item 9 • E • PAGE 1 APPOINTED OFFICERS (confiinued} • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. 11' YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the farm must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I Gary ~Sliopoulos ,hereby disclose that on January i8 (a) A measure came or will come before my agency which {check one) X inured to my special private gain or loss; GE Architecture, lnc. inured to the special gain or loss of my business associate, ,_,^ inured to the special gain or loss of my relative, ,J,,,,, inured to the special gain or loss of whom I am retained; or inured to the specia[ gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ~' --- ~~ 1/18/2011 Date Filed 2011 by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $1D,DDD. cE ~a~M ae - ~~~. ~~2oaa PAGE 2 . _ . . FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Elio oulos Ga Delra Beach Cit Commission MAILING ADDRESS THE 90ARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON UVHIOH I SERVE ES A UNIT OF: COUNTY CITY ^ COUNTY C] OTHER LOCAL AGENCY CITY Delray Beach, I~orida 33444 Palm Beach NAME OF POLITICAL SUBDIVISION: City .o€ Delray Beach DATE ON WHICH VOTE OCCURRED MY POSITION IS: 1~1S~ZO11 ~ ELECTEVE ^ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appeintive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom. he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is:retained); to the special.;private gain or loss of a relative; or to the special private gain or loss of a business associate: Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughteran-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: to addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You muss complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) GE FORM 8B - EFF. 112fl00 Item 9 , F, PAGE 1 APPOINTED OFFICERS {continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO WFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETWG: • You must disclose orally the nature of your con#lict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the o#her members of the agency, and the form must be read publicly at the next meeting after the form 'ss filed. DISCLOSURE OF LOCAL OFFICER"S INTEREST l Gary Eliopoulos ,hereby disclose that on .Tanuary 18 , 2i} 11 (a) A measure came or will come before my agency which (check one) %% inured to my special private gain or loss; CE Architecture, Inc. _ inured to the special gain or loss of my business associate, _ inured to the special gain or loss of my relative, _ inured to the special gain or loss of whom 1 am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ~~ ~i 1/18/2011 Date Filed by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMI=NT, DI=MOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 112000 PAGE 2 WHEREAS, many times wizen individuals need help with meeting life s basic needs they are not sure wizere to turn; and WHEREAS, Palm Beach County and the Treasure Coast are fortunate to have a non profit agency, 211 Palm Beach/Treasure Coast, that has been in the community for more than 39 years providing information and referrals on community resources, telephone counseling for distressed callers and suicide intervention; and WHEREAS, 211 Palm Beach/Treasure Coast will be recognized as the central linkage point in our community providing individuals with the infornation and support they need to solve their problems; and WHEREAS, the staff and volunteers at 211 Palm Beach/Treasure Coast are available 24 hours a day, 7 days a week and assisted over 160,000 callers in need of information, referrals to social services agencies or just someone to tallc to last year alone. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of February 11, 2011-February 17, 2011 as 2-1-1 AWARENESS WEEK in the City of Delray Beach, Florida and Loge all citizens to be aware of the telephone number they need to know to access infornation on over 3,700 programs in our community that provide assistance in such areas as Insurance, Volunteering, Food, Day Care, Mental Health Counseling, Support Groups, Home Health Care, and Financial Assistance. IN WITNESS WHEREOF, I have heretuzto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 1St day of February, 2011. NELSON S. McDUFFIE MAYO R MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: January 27, 2011 SUBJECT: AGENDA ITEM 6.B. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 DELRAY BEACH AMERICAN LITTLE LEAGUE PROCLAMATION ITEM BEFORE COMMISSION Proclamation recognizing the Delray Beach American Little League for 40 Years of service. WHEREAS, the Delray Beach American Little League was organized by Eddie Odom, Jr. in 1971 into four major league teams ages (9-12) and was granted a charter by Little League Baseball in the same year; and WHEREAS, the Delray Beach American Little League was expanded to charter the Senior League (ages 13-15) and Tee-Ball (ages 6-8) in 1973; Big League Baseball ages (16-18) in 1976; and Girls Softball ages (9-15) in 1992; and WHEREAS, the Senior League win District 7 Championships in 1975, 1976, and 1977; Big League win District 7 in 1979,1981, and 1982; and WHEREAS, the Delray Beach American Little League participated in the Southern Regional Championships in Tampa, Florida finishing 3`d in the entire Southern Region of the United States; and WHEREAS, the Delray Beach American Little League fostered the College careers of former players who continued to play baseball on their college teams and has had players drafted and/or played professional baseball in the minor as will as major league programs; and WHEREAS, the Little League was featured on National and Local News for its uniqueness; and WHEREAS, the Delray American Little League has served over 8,000 youngsters with over 2,000 adult volunteers including parents, managers, coaches, sponsors, and other supporters of Delray Beach for 40 years as an organized chartered Little League Program; and WHEREAS, the Delray American Little League recognizes the following individuals who served as Presidents during the forty yeans...Mathew "Bump" NTitchell, first President; the late Percy Crudup, the late William Jones, Yvonne Odom, Eddie Odom, Jr., Edward Mans, Ricardo Grant, Glynn Hollis, and the current President Terence Thomas. NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayer of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend DELRAY BEACH AMERICAN LITTLE LEAGUE f~ 40 YEARS OF SERVICE to the youth of Delray Beach providing an outlet of healthy activity and training under good leadership and an atmosphere of wholesome community partnership, inspiring participants with positive goals, enriching their lives, and for their positive representation of the City of Delray Beach Parks and Recreation Deparhnennt. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 1~` day February, 2011. NELSON S. MCDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER MARK MCDONNELL, AICP, ASST. DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: January 25, 2011 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) AWARDS ITEM BEFORE COMMISSION The item before the Commission is the presentation of the 2010 SPRAB Awards. BACKGROUND The Site Plan Review and Appearance Board (SPRAB) Awards are given to those property owners and their design teams who have significantly contributed to the beauty of the community through creative design or renovations to existing properties. Eligible projects are those that were approved by the Board, and received a Certificate of Occupancy during the most recent fiscal year (October 1, 2009 - September 30, 2010). The Board is conducting its 19th Annual SPRAB Award Recognition Program at tonight's meeting. REVIEW BY OTHERS The Site Plan Review and Appearance Board reviewed the staff recommended nominees in seven (7) categories and voted for one (1) winner in each category. There were a total of seven (7) categories and seven (7) Board approved projects were declared winners by a majority vote. RECOMMENDATION The 2010 SPRAB Award recipients by category are as follows: Public Facility -New West Atlantic Public Plaza Owner, Delray Beach Community Redevelopment Agency Architect/Landscaper, Currie Sowards Aguila Architects Residential -Exterior Renovations Tropic Bay Condominiums Property Owner, Tropic Bay Condo Association Property Manager, Campbell Property Management CBD -Exterior Renovations The Office Restaurant Restaurant Owner, Oven 201 East Atlantic, LLC Property Owner, Leviathan Land Group, Inc. Architect, Richard Jones Architecture Commerical -New Midtown Medical Building Owner, Midtown Medical, LLC Architect, Saltz Michelson Architects Landscaper, Urban Design Kilday Studios Mixed-Use -New Worthin P Owner, Granite Worthing LLC Architects, Cohen Freedman Encinosa & Associates Architects, PA Landscaper, A.Grant Thornbrough and Associates Commercial -Exterior Renovations Wal-Mart Shop~in Pg laza Owner, Wal-Mart Stores East, LP Architect/Landscaper, Kimley-Horn and Associates, Inc. Recreational Facility -New Del-Aire Country Club Clubhouse Owner, Del-Aire Golf Club Inc. Landscaper, Covelli Design Associates, Inc. Architect, Currie Sowards Aguila Architects Planning 8c Zoning Department MEMORANDUM TO: SPRAB MEMBERS FROM: CANDI JEFFERSON, SENIOR PLANNER DATE: DECEMBER 27, 2010 RE: 2009-2010 SPRAB AWARD BALLOT The following is the formal ballot for the 2009-2010 SPRAB Awards. Please vote by picking one project in each category. Return your selections via email or hard copy by no later than 5:OOpm on January 7, 2010. Award winners will be announced at the SPRAB meeting on Wednesday, January 12, 2010. Commercial Building -New ~~~~~~~~ ~~~~~~~~~~~ ~, F .~: ~~~ p ,~~~~~ ~, CVS Pharmacy 700 NE 6t" Avenue Construction of a 15,266 sq. ft CVS building with adrive- thru lane, landscaping, and associated parking. ~. Midtown Medical Building 4600 Linton Boulevard ^ Select This One As Winner Construction of a 30,868 sq. ft. medical office building with landscaping, and associated parking. Page 1 of 5 4> ,.,, _...~_.. '~~o~~:~l~ i~r~r ~~~I~~ ~~'7~, ~i ~' PNC Bank 500 Linton Boulevard Construction of a 6,000 sq. ft. bank with drive-thru lanes, landscaping, and associated parking. ^ Select This One As Winner Commercial Buildin -Exterior Renovations Stone Medical Group 2000 N. Federal Highway ~~~~~~2 __ _. ___~ ~ ~' ~~ Renovation of front facade and conversion of storefront from single tenant use to multiple tenant use (consisting of three retail bays) with landscaping upgrades, parking lot resurfacing and restriping. ^ Select This One As Winner a, I~~~~. fr.~ < ;,~ t' 4_,.__. ~,~~~ ~., - ~~ ,. r~',~ ~.. '. ,~,: M .. uuuggiiq,~,,. Wal-Mart Shopping Plaza 16205 S. Military Trail Complete facade redesign with material and color changes. ^ Select This One As Winner Delray Medical Center 5352 Linton Boulevard Renovation of the front entry, lobby area and landscape island upgrade. ^ Select This One As Winner Page 2 of 5 Mixed-Use Development -New ,~ ~.. ,, , ,~, ,~~, f '~ ~, ~ , ~~ r; ~~ ,~ .+` ~ n ~,, k ~~ Worthing Place 32 SE 2nd Ave./900 E. Atlantic Ave. Construction of a 6-story mixed-use building consisting of 12,292 square feet of retail on the ground floor, 219 residential units on the upper levels with a 6-story parking garage and associated landscaping. ^ Select This One As Winner Public Facility -New ~~ ~, r ~ ,., r`"r+ +~~ ~~ } West Atlantic Public Plaza 2 SW 5t" Avenue Construction of a park plaza for recreational use by the general public with associated landscaping. ^ Select This One As Winner Pineapple Grove Parking Lot 353 NE 3rd Avenue Construction of a fourteen (14) space brick paver public parking lot with associated landscaping. ^ Select This One As Winner Recreational Facility -New ~r, ~~, ~ ~~ ~, h } '" -~ ,~ ~ h.x i':'_ etc ~: ...~_, ~~ ~~ Del-Aire Country Club Clubhouse 4646 White Cedar Lane Construction of a 47,199 sq. ft. clubhouse building with associated amenities and landscaping. ^ Select This One As Winner Page 3 of 5 ~,' ,~`I , y; .. . .. ,° ~,~, Miller Park 1905 SW 4t" Avenue Construction of a new two-story 1,764 square foot Little League building that includes a press box, concession stand, restrooms, and storage area in the center of two new little league baseball fields and a major league field. Residential -Exterior Renovations ,~ ~-~~~ -: ~~~ I~I'~ T ~ ~~. ~ ~ ~ _~ , .. ~~,. ' :~ ~~~ ''"` ~a„ ~ Apartment Complex 1000 NE 9t" Avenue Changing the stucco walls from off-white to gold, changing the doors from dark gray to beige and painting the window frames white. ^ Select This One As Winner Tropic Bay Condominiums 2801 Florida Boulevard Changed to cream walls, towers, alcoves and ceilings, with brown arches and black railings and the carports to coral columns and cream ceilings. ^ Select This One As Winner CBD -Exterior Renovations .°` ` .~~~. ~~~ ~~ ~ ~~ ~ ;~ it~~I, ~~~.`.;,~ p~ ,, The Office Restaurant 201 East Atlantic Avenue Demolition of a portion of the southwest corner of the building to create an angled entrance to the intersection of Atlantic Avenue and Pineapple Grove Way accented with decorative light features and stone finish. ^ Select This One As Winner Page 4 of 5 _~. . .~>_ i ~,~ ,~ ;~ ,, Yrli r d.:N,y ,. ~, it 6 E i~ ,; ;rt ;• «; . r' `, ~, y1~F~~~'~.~ r~ j,1~~1J~-', ~ ~~ ,.,.. _ ~ .~. y ~ ~~!~ ~~:~ Paddy McGees 307 East Atlantic Avenue Installation of a simulated wood veneer painted black, folding wooden French doors and service window setback 16' from the property line. ^ Select This One As Winner Johnny Brown's 301 East Atlantic Avenue Installation of a turquoise and coral neon panel along the existing rooftop element to highlight the typical 1950s art deco style of architecture. ^ Select This One As Winner Cut 432 Steakhouse 430 & 432 East Atlantic Avenue Expansion of the 1,520 sq. ft. restaurant into an adjacent 680 sq. ft. retail bay with the addition of a 400 sq. ft. covered sidewalk cafe. ,,:. cc: Paul Dorling, Planning and Zoning Director Mark McDonnell, Assistant Planning and Zoning Director S:\Planning & Zoning\BOARDS\SPRABWwards\2010\Ballot Page 5 of 5 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 26, 2011 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 REQUEST FOR SIDEWALK DEFERRAL/ 418 N.W. 14TH STREET ITEM BEFORE COMMISSION The item before Commission is consideration of a sidewalk deferral along N.W. 14th Street for property located at 418 N.W. 14th Street. BACKGROUND The applicant submitted a building permit application to demo the existing building and construct a new single family residence. Currently, there are no plans to install a sidewalk along N.W. 14th Street. The sidewalk deferral was supported at the January 13, 2011 DSMG meeting. RECOMMENDATION Staff recommends approval of the sidewalk deferral. Prepared By: RETURN TO: R. Brian Shutt, Bsq. City Attorney's Office 200 N.W. Ist AveE~ue Del~'ay Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of 200 between the City of Delray Beach (hereinafter the City} and ~~ ~, Qf ~ (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along ~ f ~3 /~ w) ~ _ until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Seetian 6.,L3{C} requires the installation of a sidewalk, within the ~~~ ~ t~ S~ 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 waiver fzarn 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. C: lUsersUel3'Jd'oosterl~lnvL7a1a1LacallMicrosolllll'rndosvsiTeznr~ra~v Internet FileslContent.Oz4floaklTOL070.TGLsideivalk WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement far the installation of a sidewalk, at this tune, for the property located at: °r~~4-~-1-er d~. ~._<.__ ~ ~4 ~~ ~ ~- 3 LPL--O~~c j l2 ~'~ 4 ~ ~g 2.0o D'S D030 L The Owner agrees to construct a sidewalk, at its sole cost and expense, along the N ~ ~ `~~ ~~~ 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 constzucted, 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 recozded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 200_. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to form and sufficiency: City Attorney Mayor C:1 Userslle, fi' El'oosterl~lppData[Locallhlicrosofd l it'indows[Tem~raiy Internet FilesiContent.0utlook[TOLD70JG Isidewalk deferral agmt.doc WITNESSES: {Please type ar print name) ~~ t __~ {P ease type or pant name} STATE OF Ft f7 YZ-f n H ~ COUNTY OF~~ r,n ~~~t-4 ~ ~ ~ ~ ~roP.~ ~ - ~S ~ I~ OWNER: By, ~~ ~ o pS~ BEFORE ME personally appeared c,J~ F~ ~~~d9't~1~..J who [is] [are] personally known to me ar [has] [have] produced [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and off cial seal this ~~~ day of c~ dlM U dlJLC~ , 20l 1. My commission expires: z n e Nataly Public ~~ ., a --{Seale--...~.~ °~ :- ~ ®~{~ J HUNT i+' ;b IhY ~QIvfMISSiON !~ (7g92i732 %T, ~' ~XF~IFiES OCfober 12, 2013 z3~~, 407 ~90~p~A:1 ~Eerkl~Nnt~r ~Frvtso,com agt~sidewafk deferral agreemerrt C: lUsers4.Ieff T E'oosterlAppDatalLocaltRlicl•asoftli~trrdotivslTem~taf y Intertzet I'ileslCorttent.OrstlookllOL07(1JG1~idewnik deferral agmt.doc ~D~~ ~r °iF ,,, ~~~ .. VII ~ `', ,~, +" i ., / /lull/ ~~ ~ /~ ~ it ~ ,~, ~~~~~ /. I':<,. " ~ .. r i l ~ ` i _ ~ r, of a i r e, ,., ~//~.i/ i~ ~~. '' ,,, I. ~ ~ ... al h , ip l i% ., .i ~~1~ i~ lv ,,,.~, ~, l' ~ ~/~s , / ,r,~ rl~~;. ' ' oily ~,; ~ /~zy//~ f/ ~i~i ~ J r ~~ ~~ ~ „~~ ~. ~ ~ ,, ~, NW 14T1H ST. : i .. ~ , R~ f r ~~. } ~ , ~C i~ i I Ip '~ r '; /1 1~/g~' i i~ ~ ~ / ~ r ~' j ~' i:'~ r ~ j y ~r ~ // d i . .,. G ~ ., r ,i f ,. ~, ,ii! ~ r~ ~ i/ ~ " r %D/i%1 '. i' ~ /r ~,,..,, ~~, >, l , , ~ ~,,,, III '~l IIR ~/+ .. ~~ r,. ~~" ,, i ~ ~~. u,/„ u~~i ~ ~ ~ll ~ ~ ~w~i~... r lp ~ , ~~ , r „~ ll~ ~ i ~ ~ ~~ o ~, ~, '~ iii ;lr~ ~ o : ~ ., ~ Il ~. ; .4 ~. ~~.. r.,„~ ~ ~ ~~,,. Jn ~~ ~~~ i ,l ° .sir'. ii ~ ' ~, ~~ c;, „„ ~iull ,. l ~~ ~~~ ~ r . I ~ ~~ullll ~IIIIII uuul Iii ~~~ iii Li i' ~~ 9' , ' lJ `~j r ~'ii~~ ~i :,, U ~ ~~i %/. . ~ ,)Vii ~~ SIIT ~-% ,,.. ~~ ,. ~~~ ~ ~ ~ ;~~ ~~ ,, , ,, ,~ ; ~~ .~. ,, ' :, ~,~ ~ ~~~ w ~ ~ ~ 7 fi~ , ~i" „~ ~ ~ ~ l : „ 1,-.. i r 5, g°,r, , ~ l ~,. r ~,. ,~ ~ ..,, ~.. 2'~., „ ~ ;n ~, , ~' i o w r ,,, ~' p i ' ~ ~ ~ ~ v-'~ ; ,rr Ur~ uu ~ i¢ 9- l J.' ~i. i i'}~ ~ u ~i WII~ ;i uu u ':~ [ ~ //iii i mss, r ,l ~~~i , , J, ~ iii ,. ~ll ~'~/ ~~ r , ~~ r %G r~ r , l ~1,, ~,~ /f /~ ~ ~ ~ tr, ~ f ///,,./~~~/ VIII I I Ih~~ il~~... ' ;`rl t `~ , ,,.,. .,. ~~, ~ :; f J ". i. %~„ i i /,': ~ P i I ,.,, .,, ~ ~~. y i~~ifY: ~ l ?~~ I~~'i ~ III l Ill '. / I I n II~~R ////1~ ~a %. 1~9, III IIII y~.,i /i., ..,//. . ~~i l i... Ji ii il f Ill ~ l I ~ 'l/iii I / ~I ~A,, % / i /, l~ ~ u .... % Ilia. ~ ~' ! 1 ~ ll / ~ i ~ l ' ~ .,,IIII ~ p. iiiii~l: ~,. ~ s // ~~%~~j %i/. ~ /r.' ~ ~ :'. , lu ~ - a ;~: ~,,.. i ~ ~~~ Il .. ~~ l- i ~ ~"` H ~ ' ~ ~ ~ ~ ll~~/ / ' ~ r~~fr, ~~ s„ //air,, . ~ ~9 ~ lr ~i;, ~ r . .! r. ~~ ~ _ of ~' f/ „ ~ ~' CITY of DELRAY BEACH SIDEWALK DEFERRAL DATE:01/27/2011 ®g ENVIRONMENTAL SERVICES DEPARTMENT ®~ 434 BOViH BWNTON AVB4UE, DELRAY BEACH, ROFIDA 39444 418 NW 14th St. #11-131556 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 21, 2011 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 AGREEMENT/PALM BEACH COUNTY/AUBURN AVENUE PROJECT ITEM BEFORE COMMISSION Request for Commission approvaUauthorization for Mayor to execute an Agreement between Palm Beach County and the City of Delray Beach for Improvements comprising the project called Auburn Avenue, project #2010-040. This agreement will allow for reimbursement to the City of up to $1,000,000.00 for the improvements associated with the project. Grant funding is provided by the US Department of Housing and Urban Development under its Community Development Block Grant Program. BACKGROUND Palm Beach County has entered into a contract with the State of Florida, Department of Community Affairs, in connection with the State's 2005 Disaster Recovery Initiative Program -Supplemental Appropriation, which the State is implementing for the use of grant funds provided by the US Department of Housing and Urban Development under its Community Development Block Grant Program. Delray Beach was allocated funds under this contract to implement specified activities under the 2005 Disaster Recovery Initiative Program. The improvements associated with this project are in coordination with the Community Redevelopment Agency (CRA) and are part of the Southwest Area Neighborhood Redevelopment Plan. The attached map provides the location for this project. Improvements include; roadway resurfacing and reconstruction, sidewalks, landscaping, design build irrigation specifications, drainage improvements, on street parking (where space is available), bus shelters (if required), new water main and sanitary sewer infrastructure. The attached schedule indicates we should have no difficulty meeting the deadline in the agreement. RECOMMENDATION Staff recommends approval of the agreement between Palm Beach County and the City of Delray Beach. AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY OF DELRAY BEACH THIS AGREEMENT, entered into this day of , 2010, by and between Palm Beach County, a political subdivision of the State of Florida, and the City of Delrav Beach, a municipality duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 100 NW 1St Avenue. Delrav Beach, Florida 33444. WHEREAS, Palm Beach County has entered into a Contract #08DB-D3-10-60-01-A07 with the State of Florida, Department of Community Affairs, in connection with the State's 2005 Disaster Recovery Initiative Program -Supplemental Appropriation which the State is implementing for the use of grant funds provided by the United States Department of Housing and Urban Development under its Community Development Block Grant Program; and WHEREAS, the City of Delray Beach was allocated certain funds under said Contract to implement specified activities underthe 2005 Disaster Recovery Initiative Program -Supplemental Appropriation; and WHEREAS, Palm Beach County desires to engage the City of Delrav Beach to implement the activities associated with the funds allocated to it. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: PART I DEFINITIONS PURPOSE AND APPLICABLE CONDITIONS DEFINITIONS (1) "County" means Palm Beach County. (2) "CDBG" means the Community Development Block Grant Program of the United States Department of Housing and Urban Development. (3) "HCD" means Palm Beach County Housing and Community Development. (4) "Municipality" means the City of Delrav Beach. (5) "State" means the State of Florida, Department of Community Affairs. (6) "Contract" means contract# 08DB-D3-10-60-01-A07 between Palm Beach County and the State of Florida, Department of Community Affairs. (7) "HCD Approval" means the written approval of the HCD Director or his designee. (8) "U.S. HUD" means the Secretary of Housing and Urban Development or a person authorized to act on its behalf. 2. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the Municipality will implement the Scope of Services set forth in Part I I of this Agreement. Page 1 of 20 City of Delray Beach 3. APPLICABLE CONDITIONS The Municipality shall be bound by the Contract to the extent applicable to this Agreement. Furthermore, the conditions applicable to the activities undertaken in connection with this Agreement shall include but not be limited to those listed below (as they may be amended from time to time). Palm Beach County's failure to list verbatim or make reference to a regulation, statute, ordinance, reference, or any other document affecting the Municipality, shall not relieve the Municipality of compliance with any applicable regulation, statute, ordinance, or any other document not listed below. The County reserves the right, but not the obligation, to inform the Municipality of any such applicable regulation, statute, ordinance, or any other document, and to require the Municipality to comply with the same. 1. CommunityDevelopmentBlock Grant, Final Rule, 24 C.F.R., Part 570; 2. Florida Small and Minority Business Act, s 288.702-288.714, F.S.; 3. Florida Coastal Zone Protection Act, s 161.52-161.58, F.S.; 4. Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, F.S.; S.Title I of the Housing and Community Development Act of 1974, as amended; 6. TreasuryCircular1075 regarding drawdown of CDBG funds; 7.Sections 290.0401-290.049, F.S.; 8.Rule Chapter 9B-43, Fla Admin. Code.; 9. Department of Community Affairs Technical Memorandums; 10.HUD Circular Memorandums applicable to the Small Cities CDBG Program; 11.Single Audit Act of 1984; 12.National Environmental Policy Act of 1969 and other provisions of law which further the purpose of this Act; 13.National Historic Preservation Act of 1966 (Public Law 89-665) as amended and Protection of Historic Properties (24 C.F.R., part 800); 14.Preservation of Archaeological and Historical Data Act of 1966; 15.Executive Order 11593 -Protection and Enhancement of Cultural Environment; 16.Reservoir Salvage Act; 17.Safe Drinking Water Act of 1974, as amended; 18.Endangered Species Act of 1958, as amended; 19.Executive Order 12898 -Environmental Justice 20. Executive Order 11988 and 24 C.F.R. Part 55- Floodplain Management; 21.The Federal Water Pollution Control Act of 1972, as amended (33 U.S.C., s 1251 et. seq.); 22.Executive Order 11990 - Protection of Wetlands; 23.Coastal Zone Management Act of 1968, as amended; 24.Wild and Scenic Rivers Act of 1968, as amended; 25.CIean Air Act of 1977; 26.HUD Environmental Standards (24 C.F.R. Part 58); 27.Farmland Protection Policy Act of 1981; 28.CIean Water Act of 1977; 29.Davis -Bacon Act; 30.Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. s. 327 et. seq.; 31.The Wildlife Coordination Act of 1958, as amended; 32.The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 U.S.C., s. 6901 et. seq.; 33.Noise Abatement and Control: Departmental Policy Implementation, Responsibilities and Standards, 24 C.F.R. Part 51, Subpart B; 34.FIood Disaster Protection Act of 1973, P.L. 92-234; 35.Protection of Historic and Cultural Properties under HUD Programs, 24 C.F.R. Part 59; 36.Coastal Zone Management Act of 1972, P.L. 92-583; 37.Architectural and Construction Standards; 38.Architectural Barriers Act of 1968, 42 U.S.C. 4151; 39.Executive Order 11296, relating to the evaluation of flood hazards; 40.Executive Order 11288, relating to prevention, control and abatement of water pollution; 41.Cost-Effective Energy Conservation Standards, 24 C.F.R., Part 39; 42.Section 8 Existing Housing Quality Standards, 24 C.F.R., Part 882; 43.Coastal Barrier Resource Act of 1982; 44.Federal Fair Labor Standards Act, 29 U.S.C. s. 201 et. seq.; 45.Title VI of the Civil Rights Act of 1964 - Non- discrimination; 46.Title VI I of the Civil Rights Act of 1968 - Non- discrimination in housing; 47.Age Discrimination Act of 1975; 48.Executive Order 12892 -Fair Housing; 49.Section 109 of the Housing and Community Development Act of 1974, Non- discrimination; 50.Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R., Part 8; 51. Executive Order 11063 -Equal Opportunity in Housing; 52.Executive Order 11246 -Non-discrimination; 53.Section 3 of the Housing and Urban Development Act of 1968, as amended - Employment /Training of Lower Income Residents and Local Business Contracting; 54.Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L. 100-17, and 49 C.F.R. Part 24; 55.Copeland Anti-Kickback Act of 1924; 56.Hatch Act; 57.Title IV Lead-Based Paint Poisoning Prevention Act (42 U.S.C. s. 1251 et. seq.); 58.OMB Circulars A-87, A-122 and A-133, as revised; 59.Administrative Requirements for Grants, 24 C.F.R. Part 85; 60.Section 102 of the Department of Housing and Urban Development Reform Act of 1989 and 24 C.F.R. Part 12; 61. Emergency Rule 9BER05-2, CDBG Disaster Recovery Funds; 62.HUD program requirements for disaster recovery projects as published in Federal Register, Vol. 69, No. 237 (December 10, 2004) [Docket No. FR-4959 - N-01]. Page 2 of 20 PART II SCOPE OF SERVICES City of ®elray Beach The Municipality shall, in a satisfactory and proper manner as determined by HCD, perform the tasks necessary to conduct the program outlined in Exhibit "A" as attached hereto and made a part hereof. PART III COMPENSATION TIME OF PERFORMANCE METHOD AND CONDITIONS OF PAYMENT MAXIMUM COMPENSATION The Municipality agrees to accept as full payment for services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and HCD Director ordesignee-approved expenditures and encumbrances made by the Municipality under this Agreement, which shall not be unreasonably withheld. Said services shall be performed in a manner satisfactory to HCD. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $1,000,000 (as more specifically detailed in Exhibit A hereto) for the period of Aoril 1.2010 through and including October 22, 2011. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds forthis project under State Contract#08DB-D3-10- 60-01-A07, and any amendments thereto. If funds cease to be available under said Contract, the County shall be relieved from providing funds under this Agreement. The effective date shall be the date of execution of this Agreement, and the services of the Municipality shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Municipality prior to October 22, 2011. 3. METHOD OF PAYMENT The County agrees to make payments and to reimburse the Municipality for all budgeted costs permitted by Federal, State, and County guidelines. The Municipality shall not request reimbursement for payments made by the Municipality before the effective date of this Agreement, nor shall it request reimbursement for payments made after the expiration date of this Agreement, and in no event shall the County provide advance funding to the Municipality or any subcontractors hereunder. The Municipality shall request payments or reimbursements from the County by submitting to HCD proper documentation of expenditures consisting of originals of invoices, receipts, or other evidence of indebtedness, and when original documents cannot be presented, the Municipality may furnish copies if deemed acceptable by HCD. Each request for payment or reimbursement submitted by the Municipality shall be accompanied by a letter from the Municipality, provided on the Municipality's letterhead, referencing the name of the project funded herein, the date of this Agreement and/or its document number, and containing a statement requesting the payment or reimbursement and its amount, as well as the name and signature of the person making the request. Payment shall be made by the Palm Beach County Finance Department upon presentation of the aforesaid proper documentation of expenditures as approved by HCD. The Municipality may at any time after the expiration of this agreement request from the County reimbursement for payments made by the Municipality during the term of this Agreement by submitting to HCD the aforesaid proper documentation of expenditures, and the Palm Beach County Finance Department shall make payment as stated above, provided that HCD has determined that the funds allocated to the Municipality through this agreement are still available for payment, and provided that HCD approves such payment. 4. CONDITIONS ON WHICH PAYMENT IS CONTINGENT (1) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The Municipality shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HCD Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HCD. No payments for projects funded by more than one funding source will be made until a cost allocation plan has been approved by the HCD Director or designee. Should a project receive additional funding after the commencement of this Agreement, the Municipality shall notify HCD in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the HCD Director or designee within forty-five (45) days of said official notification. Page 3 of 20 City ®f Delray Beach (2) FINANCIAL ACCOUNTABILITY The County may have a financial systems analysis and/or an audit of the Municipality, or of any of its subcontractors, by an independent auditing firm employed by the County or by the County Internal Audit Department at any time the County deems necessary to determine if the project is being managed in accordance with Federal, State, and County requirements. (3) SUBCONTRACTS Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order. All subcontracts shall be submitted by the Municipality to HCD and approved by HCD prior to execution of any subcontract hereunder. All subcontracts shall be subject to Federal, State and County laws and regulations. This includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Palm Beach County Engineering Department and U.S. HUD. Contracts for architecture, engineering, survey, and planning shall be fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursables will be at cost. None of the work or services covered by this Agreement, including, but not limited to, consultant work or services, shall be subcontracted or reimbursed without prior written approval of the HCD Director or his designee. (4) PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Palm Beach County Purchasing Code, as well as Federal Manage- ment Circulars A-87, A-102, A-128, and 24CFR Part 85 (also known as the Common Rule), which are incorporated herein by reference. (5) REPORTS. AUDITS, AND EVALUATIONS Payment will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. (6) ADDITIONAL HCD COUNTY AND U.S. HUD REQUIREMENTS HCD shall have the right under this Agreement to suspend or terminate payments if after 15 days written notice the Municipality has not complied with any additional conditions that may be imposed, at any time, by HCD, the County, the State, or U.S. HUD. (7) PRIOR WRITTEN APPROVALS-SUMMARY The following activities among others require the prior written approval of the HCD Director or designee to be eligible for reimbursement or payment: (a) All subcontracts and agreements pursuant to this Agreement; (b) All change orders; (c) All requests to utilize uncommitted funds after the expiration of this Agreement for programs described in Exhibit A. (8) PROGRAM-GENERATED INCOME All income earned by the Municipality from activities financed in whole or in part by funds provided hereunder must be reported to HCD. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. Such income shall only be used to undertake the activities authorized by this Agreement. Accounting and disbursement of such income shall comply with OMB Circular A-110 and other applicable regulations incorporated herein by reference. Page 4 of 20 City of ®eiray Beach PART IV GENERAL CONDITIONS OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The Municipality agrees that no person shall on the ground of race, color, disability, national origin, religion, age, financial status, familial status, marital status, sexual orientation, gender, or gender identity or expression, be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities fortraining and employment; and to the greatestfeasible extenteligiblebusiness concerns located in or owned insubstantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The Municipality shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. 2. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Municipality shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extentfeasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Palm Beach County in the CDBG Annual Consolidated Plan approved by U.S. HUD. 3. PROGRAM BENEFICIARIES At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in this Agreement. The Municipality shall provide written verification of compliance to HCD upon HCD's request. 4. EVALUATION AND MONITORING The Municipality agrees that HCD will carry out periodic monitoring and evaluation activities as determined necessary by HCD or the County and that payment, reimbursement, or the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement. The Municipality agrees to furnish upon request to HCD, the County, or the County's designees copies of transcriptions of such records and information as is determined necessary by HCD or the County. The Municipality shall submit status reports required under this Agreement on forms approved by HCD to enable HCD to evaluate progress. The Municipality shall provide information as requested by HCD to enable HCD to complete reports required by the County or HUD. The Municipality shall allow HCD, the County, the State, or HUD to monitor the Municipality on site. Such visits may be scheduled or unscheduled as determined by HCD, the State, or HUD. 5. AUDITS AND INSPECTIONS At any time during normal business hours and as often as HCD, the County, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the Municipality to HCD, the County, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. If during the year, the Municipality expends over $500,000 of Federal awards, the Municipality shall complywith the provisions of OMB CircularA-133. The Municipalityshall submitasingle audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within the earlier of, 30 days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period in which HCD-administered funds are expended. Said audit shall be made by a Certified Public Accountant of the Municipality's choosing, subject to the County's approval. In the event the Municipality anticipates a delay in producing such audit, the Municipality shall request an extension in advance of the deadline. The cost of said audit shall be borne by the Municipality. In the event the Municipality is exempt from having an audit conducted under A-133, the Municipality shall submit audited financial statements and/or the County reserves the right to conduct a "limited scope audit" of the Municipality as defined by A-133. The County will be responsible for providing technical assistance to the Municipality, as deemed necessary by the County. Page 5 of 20 City of ®elray Beach UNIFORM ADMINISTRATIVE REQUIREMENTS The Municipality agrees to comply with the applicable uniform administrative requirements as described in Federal Community Development Block Grant Regulations 24 CFR 570.502. REVERSION OF ASSETS Upon expiration of this Agreement, the Municipality shall transfer to the County any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the Municipality's control upon expiration of this Agreement which was acquired or improved in whole or part with CDBG in the excess of $25,000 must either be used to meet one of the national objectives in Federal Community Development Block Grant Regulations 24 CFR 570.508 for a period of five years after expiration of this Agreement (unless a longer period is specified elsewhere in this Agreement), or, the Municipality shall pay the County an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. 8. DATA BECOMES COUNTY PROPERTY All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the Municipality for the purpose of this Agreement shall be made available to the County by the Municipality at any time upon request by the County or HCD. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HCD if requested. In any event the Municipality shall keep all documents and records for six (6) years after expiration of this Agreement. Notwithstanding any other provision in this Agreement, all documents, records, reports and any other materials produced hereunder shall be subject to disclosure, inspection and audit, pursuant to the Palm Beach County Office of Inspector General Ordinance 2009-049, as may be amended. 9. INDEMNIFICATION Each party to this Agreement shall be liable for its own actions and negligence and, to the extent permitted by law, the County shall indemnify, defend, and hold harmless the Municipality against any actions, claims, or damages arising out of the County's negligence in connection with this Agreement, and the Municipality shall indemnify, defend, and hold harmless the County against any actions, claims, or damages arising out of the Municipality's negligence in connection with this Agreement. The Municipality shall also hold the State harmless against all claims of whatever nature arising out of the Municipality's performance of work under this Agreement, to extent allowed and required by law. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statute, section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. The Municipality shall hold the County harmless and shall indemnify the County for funds which the County is obligated to refund the State or the Federal Government arising out of the conduct of activities and administration of the Municipality. The provisions of this indemnification clause shall survive the termination of this Agreement. 10. INSURANCE Without waiving the right to sovereign immunity as provided by Florida Statute, Chapter 768.28, the Municipality reserves the right to self-insure for General Liability and Automobile Liability under Florida's sovereign immunity statute with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event the Municipality maintains Commercial General Liability or Business Auto Liability, the Municipality agrees to maintain said insurance policies at limits not less than $100,000 Per Person and $200,000 Per Occurrence. The Municipality agrees to endorse Palm Beach County Board of County Commissioners as an "Additional Insured" to the Commercial General Liability, but only with respect to negligence other than County's negligence arising out of this project orAgreement. This paragraph does not apply to liability policies which afford only indemnity based claims-bill coverage. The Municipality agrees to maintain, or self-insure, Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute, Chapter 440. The Municipality agrees to provide a statement, or Certificate of Insurance, evidencing insurance or self-insurance for the above required coverages, which the Municipality shall deliver to HCD at its office at 100 Australian Avenue, Suite 500, West Palm Beach, Florida 33406. The Municipality agrees its self-insurance or insurance shall be primary as respects to any coverage afforded to or maintained by County. The Municipality agrees compliance with the foregoing insurance requirements is not intended to nor construed to relieve the Municipality of its liability and obligations under this Agreement. Page 6 of 20 City of ®elray Beach 11. MAINTENANCE OF EFFORT The intent and purpose of this Agreement is to increase the availability of the Municipality's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Municipality. The Municipality agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 12. CONFLICT OF INTEREST The Municipality covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Municipality. Any possible conflict of interest on the part of the Municipality or its employees shall be disclosed in writing to HCD provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project area. 13. CITIZEN PARTICIPATION The Municipality shall cooperate with HCD in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents informed of the activities the Municipality is undertaking in carrying out the provisions of this Agreement. Representatives of the Municipality shall attend meetings and assist HCD in the implementation of the Citizen Participation Plan, as requested by HCD. 14. RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The Municipality will include a reference to the financial support herein provided by HCD in all publications and publicity. In addition, the Municipalitywill make a good faith effort to recognize HCD's support for all activities made possible with funds made available under this Agreement. 15. AGREEMENT DOCUMENTS The following documents are herein incorporated by reference and made a part hereof, and shall constitute and be referred to as the Agreement; and all of said documents taken as a whole constitute the Agreement between the parties hereto and are as fully a part of the Agreement as if they were set forth verbatim and at length herein: (1) This Agreement, including its Exhibits; (2) Office of Management and Budget Circulars A-87, A-102, A-133, and 24CFR Part 85; (3) Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Title II of the Americans with Disabilities Act of 1990; (4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act, and Section 3 of the Housing and Community Development Act of 1968, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended; (5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988, and Section 109 of the Housing and Community Development Act of 1974, as amended; (6) Florida Statutes, Chapter 112; (7) Palm Beach County Purchasing Code; (8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended; (9) The Municipality's personnel policies and job descriptions; and (10) The Municipality's Certificate of Insurance. (11) Contract #O8DB-D3-10-60-01-A07 between Palm Beach County and the State of Florida, Department of Community Affairs. All of these documents will be maintained on file at HCD. The Municipality shall keep an original of this Agreement, including its Exhibits, and all amendments thereto, on file at its principal office. 16. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the Municipality with funds under this Agreement shall be returned to HCD or the County. In the event of termination, the Municipality shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Agreement by the Municipality, and the County may withhold any payment to the Municipality for set-off purposes until such time as the exact amount of damages due to the County from the Municipality is determined. Page 7 of 20 City of Delray Beach (1) TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving a fifteen (15) working day written notice of such termination to the other party and specifying therein the effective date of termination. (2) TERMINATION DUE TO CESSATION In the event the grant to the County under the Contract is suspended or terminated, this Agreement shall be suspended or terminated effective on the date the Sate specifies. 17. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 18. AMENDMENTS The County may, at its discretion, amend this Agreement to conform with changes required by Federal, State, County, or U.S. HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Palm Beach County Board of County Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the Board of County Commissioners and the governing body of the Municipality, and signed by both parties. 19. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HCD at its office at 100 Australian Avenue, Suite 500, West Palm Beach, Florida 33406, and to the Municipality when delivered to its address on page one (1) of this Agreement. 20. INDEPENDENT AGENT AND EMPLOYEES The Municipality agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Palm Beach County employees and are not subject to the County provisions of the law applicable to County employees relative to employ- ment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. 21. NO FORFEITURE The rights of the County under this Agreement shall be cumulative and failure on the part of the County to exercise promptly any rights given hereunder shall not operate to forfeit orwaive any of the said rights. 22. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the Municipality certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). 23. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL Pursuant to Ordinance No. 2009-049, Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present and proposed County agreements, contracts, transactions, accounts and records. All parties doing business with the County and receiving County funds, including the Municipality, shall fully cooperate with the Inspector General. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and to audit, investigate, monitor, and inspect the activities of the Municipality, its officers, agents, employees, and lobbyists in order to ensure compliance with this Agreement and to detect waste, corruption and fraud. 24. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of Twenty (20) enumerated pages which include the exhibits referenced herein, shall be executed in three (3) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Page 8 of 20 City of Delray Beach 25. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this day of 20 (MUNICIPALITY SEAL BELOW) CITY ®F DELRAY BEACH BY: Nelson S. McDuffie, Mayor BY: Chevelle D. Nubin, CMC, City Clerk BY: R. Brian Shutt, City Attorney (Signature Optional) PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida 1=0R ITS BOARD OF COUNTY COMMISSIONERS By: Shannon R. LaRocque-Bass, P.E. Assistant County Administrator Approved as to Form and Legal Sufficiency Approved as to Terms and Conditions Dept. of Housing and Community Development By: Tammy K. Fields Senior Assistant County Attorney By: Amin Houry, Manager Housing and Capital Improvements S:\Capl m prv~2005DisasterRecoverylnitiative_SupplApprop\DelrayBeach_Steetl mprovements~Agmt_No2_Muni.wpd Page 9 of 20 City of Delray Beach EXHIBIT A WORT( PROGRAM NARRATIVE THE PARTIES AGREE THAT: A. PRIOR AGREEMENT: The project contained in this Agreement is a continuation of the project contained in a prior agreement between the Municipality and the County dated November 3, 2009, (hereinafter the "First Agreement"). The terms and conditions of said First Agreement are incorporated herein by reference. B. ELIGIBLE PAYMENTS AND/OR REIMBURSEMENTS: All payments and/or reimbursements deemed eligible under the First Agreement shall be eligible under this Agreement. C. PROJECT ACCOMPLISHMENTS:The project requirements contained in the FirstAgreement are repeated herein in substantial form. Changes have been made in order to update these requirements for this Agreement. The parties recognize that the following project activities have been accomplished, and where indicated below, the County has paid and/or reimbursed the Municipality for such project activities: (a) The Municipality, at their own expense, has procured the services of an engineering consultant (a Florida professional engineer) for this project to provide design services and to create plans and specifications for the street and infrastructure improvements in the City of Delray Beach. THE MUNICIPALITY AGREES TO: A. PROFESSIONAL SERVICES: The Municipality's consultant shall also prepare, obtain and review bids, prepare contract documents, inspect work in progress, recommend payment to contractors, and provide other professional services customarily provided by similar professionals provision of which must be approved by the County. The Municipality's engineering consultantforthis project shall also provide the below described certification upon completion of the project. B. PROJECT SCOPE :The scope of this project subject to funding availability shall include the following Infrastructure improvements including storm drainage, sidewalks, roadway construction, street lighting, and sodding at the following locations: • SW 12th Avenue, from SW 10t" Street to SW St'' Street • SW 13t'' Avenue, from SW 10th Street to SW 8t" Street • Auburn Avenue from SW 8th Street to SW 7t" Street, and • SW 8t'' Street from SW 14t" Avenue to SW 12th Avenue NOTE 1: Cost Allocation -The total amount of $1,000,000 funded through this Agreement shall be allocated as follows: An amount not to exceed $1,000,000 for construction expenses associated with the installation of above referenced infrastructure improvements at locations noted above. The Municipality shall pay all construction costs which exceed the above stated amount. NOTE 2: The Municipality shall submit its bid package/drawings/specifications, and an itemized opinion of probable construction cost prepared by its consultant, to HCD and obtain a letter of approval prior to bidding the construction work. The Municipality recognizes that HCD must obtain the approval of the State before it is able to provide such letter, and the Municipality hereby covenants that it shall plan its bid process to allow for the necessary time to fully accomplish this approval process. NOTE 3: The Municipality shall assure that neither the prime contractor nor any subcontractor shall be allowed to perform one hundred percent (100%) of theirwork on this project on nights, weekends, or County recognized holidays, and shall assure that the prime contractor and all subcontractors shall, at a minimum, perform work on this project forthe duration of one regular working day. The Municipality may request HCD for a waiver to the above requirement should the nature of the project so necessitate, and in such instance, HCD may, at its discretion, grant the Municipality such waiver. Page 10 of 20 City of Delray Beach NOTE 4: Construction work that has been approved for bidding by HCD shall be advertised for bid for a period of not less than twelve (12) days. NOTE 5: The Municipality shall prioritize the work in the project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders which would then allow the award of items that can be funded by the budget provided that the extent of work awarded will result in a functioning facility in the opinion of HCD. NOTE 6: The Municipality shall not award the construction contract for the project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The Municipalityshall obtain HCD approval priorto awarding the construction contract to be funded through this Agreement. The Municipality recognizes that HCD must obtain the approval of the State before HCD is able to approve the award of the construction contract, and the Municipality hereby covenants that it shall plan its contract award process to allow for the necessary time to fully accomplish this approval process. After awarding such contract, the Municipality shall obtain HCD approval prior to executing any change orders to such contract. Furthermore, after awarding the construction contract, the Municipality shall provide HCD with a copy of the executed contract, and within thirty (30) days from the execution of the construction contract, the Municipality shall provide HCD with a copy of the prime contractor's schedule for the completion of the construction work under the contract. NOTE 7: Should the construction contract amount for this project exceed the amount to be funded bythe Countyforconstructioncosts through thisAgreement, then the Municipality shall fund all amounts in excess of the amount to be funded by the County. The Municipality shall not request the County for reimbursement of any of the County's funds for construction costs until after it has expended all amounts in excess of the amount to be funded by the County. NOTE 8: The Municipality shall not request reimbursement from HCD for materials or equipment received and stored on the project site or elsewhere. The Municipality shall only request reimbursement for materials and equipment that have been installed. NOTE 9: Upon completion of the project, the Municipality shall cause its engineering consultant to provide HCD a written certification. Such certification shall indicate that the project has met the specifications of the design, as may have been amended by change order, and the date of completion of construction. The Municipality further agrees that HCD, in consultation with any parties it deems necessary, shall be the final arbiter on the Municipality's compliance with the above. C. ASBESTOS REQUIREMENTS: The Municipalityshall complywithall applicable requirements contained in Exhibit D, attached hereto, for construction work in connection with the project funded through this Agreement. D. DAVIS-BACON ACT: The Municipality shall request the County toobtain aDavis-Bacon wage decision for the project prior to advertising the construction work. The Municipality shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis-Bacon Act in its construction bid solicitation and contract. BONDING REQU IREMENTS: The Agencyshall complywith the requirements of OMB Circular A-110 and 24 CFR Part 84 in regard to bid guarantees, performance bonds, and payment bonds. Forcontracts exceeding $100,000, the Agencyshall require a bid guarantee from each bidder equivalent to five percent (5%) of the bid price. The "bid guarantee" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. In addition, for contracts exceeding $100,000, the Agency shall also require a performance bond on the part of the contractor for 100 percent (100%) of the contract price and a payment bond on the part of the contractor for 100 percent (100%) of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. All bonds shall be executed by a corporate surety company of recognized standing, authorized to do business in the State of Florida. The Agency may follow its own requirements relating to bid guarantees, performance bonds, and payment bonds for contracts of $100,000, or less. Page 11 of 20 City of Delray Beach F. CONSTRUCTION PAYMENT RETAINAGE: The Municipalityshall applya retainage ofat least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the project. The Municipality agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. G. FORMER PROJECTS: The Municipality shall maintain all previously completed CDBG funded projects. Failure to do so will result in forfeiture of future CDBG funds and will delay funding for ongoing activities. H. WORK SCHEDULE: The time frame for completion of the outlined activities shall be October 22, 2011. The Municipality shall implement the activities of the project described herein according to the benchmarks shown in Exhibit E attached hereto. I. REPORTS: The Municipality shall submit to HCD reports as described below: (a) MONTHLY REPORT: The Municipality shall submit to HCD detailed monthly progress reports in the form provided as Exhibit B to this Agreement. Each report must account for the total activity for which the Municipality is funded under this Agreement. The progress reports shall be used by HCD to assess the Municipality's progress in implementing the project. (b) SEMI-ANNUAL REPORT: The Municipality shall submit to HCD detailed semi-annual reports in the from provided as Exhibit C to this Agreement. During the term of this Agreement, the Municipality shall each 31St day of March submit such report for the prior six month period beginning on the preceding 1St day of October, and ending on said 315` day of March. In addition, during the term of this Agreement, the Municipality shall each 30th day of September submit such report for the prior six month period beginning on the preceding 1 Sc day of April, and ending on said 30t'' day of September. (c) OTHER REPORTS: The Municipality agrees to submit to HCD any other reports required by the State in connection with activities undertaken through this Agreement including, but not limited to, reports associated with Section 3. USE OF THE PROJECT FACILITY: The Municipality agrees in regard to the use of the facility/property whose acquisition or improvements are being funded in part or in whole by CDBG funds as provided by this Agreement, that for a period of ten (10) years after the expi- ration date of this Agreement (as may be amended from time to time): (a) The Municipality may not change the use or planned use, or discontinue use, of the facility/property (including the beneficiaries of such use) from that for which the acquisition or improvements are made, unless the Municipality provides affected citizens with reasonable notice of, and opportunity to comment on, any such proposed change and either: 1. The new use of the facility/property qualifies as meeting one of the national objectives defined in the regulations governing the CDBG program, and is not a building for the general conduct of government; or 2. The requirements of paragraph (b) of this section are met. (b) If the Municipality determines after consultation with affected citizens, that it is appropriate to change the use of the facility/property to a use which does not qualify under paragraph (a) (1) of this section or discontinue the use of the facility/property, it may retain or dispose of the facility for such use if the County is reimbursed in the amount of the current fair market value of the facility/property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of, or improvements to the facility/property. The final determination of the amount of any such reimbursement to the County under this paragraph shall be made by the County. (c) Following the reimbursement of CDBG funds by the Municipality to the County pursuant to paragraph (b) above, the facility/property will then no longer be subject to any CDBG requirements. The provisions of this clause shall survive the expiration of this Agreement. Page 12 of 20 City of Delray Beach K. SECTION 3 REQUIREMENTS: The Municipality agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available at HCD upon request. The Municipality shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause (a) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U. S.C. 170 1 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (b) The parties to this contract agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers representative of the contractor's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (d) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. (e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. (f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. III. THE COUNTY AGREES TO: A. Provide funding for the above specified improvements (construction costs only) as described above in "Project Scope", during the term of this Agreement, in the amount of $1,000,000. However, the County shall not provide any funding for the construction work until the Municipality provides documentation showing that sufficient funds are available to complete the project. B. Provide project administration and inspection to the Municipality to ensure compliance with U.S. HUD and the Department of Labor, and applicable State, Federal and County laws and regulations. C. Monitor the Municipality at any time during the term of this Agreement. Visits may be announced or unannounced as determined by HCD and will serve to ensure compliance with State and U.S. Department of HUD regulations, that planned activities are conducted in a timely manner, and to verify the accuracy of reporting to HCD on program activities. Page 13 of 20 City of Delray i3each D. The County shall perform an environmental review of the project, and review and approve project design and bids submitted for the work. The County shall also perform Davis Bacon Act LaborStandards monitoring and enforcement. Environmental review costs incurred by the County may be charged to the project budget identified above. E. Allowable costs that may be paid by the County under this Agreement in addition to those stated in ILA above: (a) Costs of any other services customarily associated with projects of the nature of the project contemplated by this Agreement. The County shall review requests by the Municipality for expenditures on the above items prior to undertaking the services associated with them, and approve any such expenditures it deems appropriate for this project. Page 14 of 20 City of Delray Beach EXHIBIT B PALM BEACH COUNTY HOUSING & COMMUNITY DEVELOPMENT MONTHLY NARRATIVE REPORT Report For: Month: Year: Subrecipient Name: City of Delray Beach Project Name: Auburn Avenue Street and Infrastructure Improvements Report Prepared By: Name Signature Date BUDGETING AND EXPENDITURES Amounts Expended this Reporting Period: CDBG Funds:$ Other Funds:$ Amounts Expended to Date: ////////////////////////////////////////////// BUDGETED EXPENDED PERCENTAGE CDBG Funds: $ $ Other Funds: $ $ Other Funds: $ $ TOTAL: $ $ Describe any changes in budgeted amounts during this reporting period and the source of funds: Describe your efforts to obtain any additional funds for the project during this reporting period (if your project is underfunded): PROJECT ACTIVITIES Describe your accomplishments during the reporting period: Describe any problems encountered during this reporting period: Other comments: Send report to: Amin Houry Department fo Housing and Community Development 10D Australian Avenue, Suite 500, West Palm Beach, FL 33406 S:\Capl mprv\2005DisasterRecoveryl nitiative_Su pplApprop\Del rayBeach_Steetl m provem entslAgmt_No2_Muni.wpd Page 15 of 20 __ __ s ~ U m H R W i = N ~ 0 W 4- O A U N G1 a d R R m ® ~ ~' L Q ~ ~ a Q N 0 M ~C G N Q N O y of = N d N 'C o Q a '~ d ~ O ~ N Q ~ L m .Q ccL G s d m ~ R ~ L L d w V ~ O w U u d ~ g o R m Z d V ~ d O d ~ M o w ° `o vl7 T O W C ~ m o :- ~' m ` a m m ° E ~Q E c 3 ° Q ~_ `o ~ - _ 3 `o m ~ ~ o m `-' a u t0 y m W a r m ` o ` am - w- N w ~ t ' ~ =U L ° 24='~ N U N ~ .. II ~I ~~ - ui ~ m U ~ ° u m M o o r E E Q~ m y ~o_m ora ~ ~a m li I T~ U .J m ~ ~N m ~ ~ m Z .~ II it II ~ ~ N M r o `o y m d 3 0 a _ C ~' a ~ p y N c ° C ~ G _ ~ d.C m m U ~ ~ 2 No 3 - m m ° o ~ d ~' da am ~; o ° ° ~ 3 R"~ o m °~ -. G-_. D o c y ' o a E a aZ N ~ ~ ._ A.`~t ? N N N O ~' O - ~ °' ° ~ E W u ~ N N a 'at ~ZwO-> ~ II II ~~ +_ r N M N 0 `o '" ro U ~-° E ~~z E o a` W E ~ .Q m~ s _ U ~ ~ a o v ra ~ C _ " ~ N m m ~ o E U ._ V VI .. ~ N.~N N ~ O C ~ ~- O N 'O O C N N E ~3a N ~ p N C O l6 O N L p O _ ~,~„° ~ E ~ - '- N m .. m N .`. II~ 3 0 ~ a~ '°' E d s a~ E E m w a O U N w =O ~ ^ E n - c r ? - ~ L N O (~ d O O N O N ~ R Q 2 ~ ~ '~' n ~ C N m ... U m ,,,° Z v° r- ~ m E o ~ c N ~ a -~ ~ a E `o ~ ` ° U c m v a D o o °1 ~- a a oR~ . no~ E ~ ° d ~ o ° m a .. O N N N N o~- o_ ° O U O U O U O U O U ~~ o "~,a _ a a a a a a ~ w~ a N N N N N O N O O N O O N O O N N N~ N ° ~ ~ ~ N ~ N r, ~ ~ N ~ ~ N >, N ~ ~ ~ ~ ~ N ~ E _ ZcoUcq ZCnU(n ZII~U(n Z(4U(n Z(nU(Jl ,?.E° w Page 16 of 20 a 3 ~I 0 Z ~,I 3 E 0 a EXHIBIT D City of Delray Beach ASBESTOS REQUIREMENTS SPECIAL CONDITIONS FOR DEMOLITION AND RENOVATION OF BUILDINGS The provisions of this part apply to all demolition and renovation work contemplated in this Agreement and described in Exhibit A of this Agreement. DEFINITIONS ACBM: Asbestos Containing Building Materials AHERA: Asbestos Hazard Emergency Response Act EPA: Environmental Protection Agency FLAC: Florida Licensed Asbestos Consultant HCD: Palm Beach County Department of Housing and Community Development NESHAP: National Emission Standards for Hazardous Air Pollutants NRCA: National Roofing Contractors Association NVLAP: National Voluntary Laboratory Accreditation Program OSHA: Occupational Health and Safety Administration PBCAC: Palm Beach County Asbestos Coordinator (in Risk Management) TEM: transmission electron microscopy ASBESTOS SURVEYS All properties scheduled for renovation or demolition are required to have a comprehensive asbestos survey conducted by a Florida Licensed Asbestos Consultant ,(FLAC). The surveyshall be conducted in accordance with AHERA guidelines. Analysis must be performed by a NVLAP accredited laboratory. For Renovation Projects (projects which will be reoccupied): - Point counting must be done for all asbestos containing building materials (ACBM) indicating less than 1% asbestos (to determine if any asbestos is present). - Samples of vinyl floor the indicating asbestos not detected must be confirmed by transmission electron microscopy (TEM). - Joint compound shall be analyzed as a separate layer. - Roofing material shall be sampled only if a renovation requires the roof to be disturbed (in lieu of sampling the roof, it may be presumed to contain asbestos). For Demolition Projects: - Point counting must be done for all "friable" asbestos containing building materials (ACBM), indicating less than 1% asbestos. This includes joint compounds (to be analyzed as a separate layer), and vinyl asbestos tile. - Roof materials shall be presumed to be asbestos containing. If the Municipality has a recent asbestos survey report prepared by a licensed asbestos consultant, a copy may be provided to HCD and PBCAC for review to determine if the survey is adequate to proceed with renovation/demolition work. If no survey is available, a survey may be initiated by the Municipality or requested by HCD. A copy of the completed survey will be forwarded to the Municipality. All asbestos survey's shall be forwarded to the PBCAC. III. ASBESTOS ABATEMENT A. RENOVATION (a) Prior to a renovation, all asbestos containing materials that will be disturbed during the renovation, must be removed by a Florida Licensed Asbestos Contractor under the direction of a FLAC. Exceptions may be granted by HCD prior to the removal, (such as asbestos containing roofs, transite pipe). The Municipality must obtain approval for all exceptions from HCD. HCD will request the PBCAC to review and approve all exceptions. (b) Asbestos Abatement work may be contracted by the Municipality or by HCD upon request. (c) If the Municipality contracts the asbestos abatement, the following documents are required to be provided to the HCD and the PBCAC. 1. An Asbestos Abatement Specification (Work Plan), sealed by an FLAC. 2. Pre and Post Job submittals, reviewed and signed by the FLAC. Page 17 of 20 City of Delray Beach (d) If the Municipality requests HCD to contract the asbestos abatement, HCD will initiate the request through the PBCAC who will contract the asbestos abatement. HCD will provide a copy of all contractor and consultant documents to the Municipality. (e) Materials containing <1% asbestos are not regulated by EPA/NESHAPS. However, OSHA compliance is mandatory. OSHA requirements including training, wet methods, prompt cleanup in leak tight containers, etc. The renovation contractor must comply with US Dept of Labor, Standard Interpretation (OSHA), Compliance requirements for renovation work involving material containing <1% asbestos, 11/24/2003. The renovation contractor mustsubmitawork plan to HCD and the PBCAC priorto removal of the materials. B. DEMOLITION All "friable" ACBM must be removed by a Florida Licensed Asbestos Contractor under the direction of a FLAC priorto demolition. Friable materials include: resilient asbestos the and masticwhich is not intact, linoleum, asbestos containing joint compound, asbestos containing cement panels (e.g. transite), etc. Intact resilient the and asbestos roof materials may be demolished with adequate controls (e.g. wet method) by a demolition contractor provided the contractor is aware of the asbestos containing materials present and exercises adequate control techniques (wet methods, etc.). In all cases, demolition work should be monitored by a FLAC to insure proper control measures and waste disposal. Any exceptions to these guidelines may be requested through HCD prior to the removal, (such as asbestos containing roofs, transite pipe). Exceptions may be granted by HCD priorto the removal, (i.e. asbestos containing roofs, transite pipe). The Municipality must obtain approval for all exceptions from HCD and the PBCAC. (a) Asbestos Abatement work may be contracted by the Municipality or by HCD upon request. (b) If the Municipality contracts the asbestos abatement, the following documents must be provided to the PBC/HCD and reviewed by the PBCAC. 1. An Asbestos Abatement Specification (Work Plan), sealed by an FLAC. 2. Pre and Post Job submittals, reviewed and signed by the FLAC. (c) If the Municipality requests HCD to contract the asbestos abatement, HCD will initiate the request through the PBCAC who will contract the asbestos abatement. HCD will provide a copy of all contractor and consultant documents to the Municipality. (d) Recycling, salvage orcompacting of anyasbestos containing materials orthe substrate is strictly prohibited. (e) In all cases, compliance with OSHA "Requirements for demolition operations involving material containing <1% asbestos is mandatory. (f) For all demolitions involving asbestos containing floor tile, asbestos containing roofing material and materials containing <1%, the Demolition Contractor shall submit the following documents to HCD. HCD will provide a copy of these documents to PBCAC. Signed statement that the demolition contractor has read and understood the requirements for complying with EPA, OSHA and the State of Florida Licensing regulations for demolition of structures with asbestos materials. Submit a plan for the demolition of asbestos containing roofing and floor tile. State if these materials are likely to remain intact. Include in the plan what shall occur if materials become "not intact". Submit a plan for compliance with OSHA requirements such as but not limited to: competent person, establishing a regulated area, asbestos training of workers, respiratory protection, use of disposable suits, air monitoring, segregation of waste, containerizing asbestos waste, waste disposal. (g) If materials are discovered that are suspect asbestos materials thatwere not previously sampled, stop all work that will disturb these materials and immediately notify HCD. Page 18 of 20 City of Delray Beach li/. NESHAPS NOTIFICATION A. RENOVATION A NESHAP form must be received by the Palm Beach County Health Department at least ten working days prior to an asbestos renovation that includes regulated asbestos containing material greater than 160 square feet or 260 linear feet or 35 cubic feet. For lesser quantities, the Municipality (or its contractor) shall provide a courtesy notification to the Palm Beach County Health Department at least ten working days prior to an asbestos renovation. The removal of vinyl asbestos floor the and linoleum shall be considered regulated. Asbestos roof removal requires a notification at least 3 working days prior to the removal. B. DEMOLITION A NESHAP form must be received by the Palm Beach County Health Department at least ten working days prior to the demolition. C. The NESHAP notification shall be sent return receipt requested to the address shown below with a copy to HCD. HCD shall provide a copy to the PBCAC. All fees shall be paid by the Municipality. Palm Beach County Department of Health Asbestos Coordinator 901 Evernia Street Post Office Box 29 West Palm Beach, Florida 33401 V. APPLICABLE ASBESTOS REGULATIONS/GUIDELINES The Municipality, through its demolition or renovation contractor, shall comply with the following asbestos regulations/guidelines. This list is not all inclusive: (a) Environmental Protection Agency (EPA) NESHAP, 40 CFR Parts 61 Subpart M - National Emission standard for Asbestos, revised July 1991 (b) Occupational Health and Safety Administration (OSHA) Construction Industry Standard, 29 CFR 1926.1101 (c) EPA: A Guide to Normal Demolition Practices Under the Asbestos NESHAP, September 1992 (d) Demolition practices under the Asbestos NESHAP, EPA Region IV (e) Asbestos NESHAP Adequately Wet Guidance (f) Florida State Licensing and Asbestos Laws 1. Title XVIII, Chapter 255, Public property and publicly owned buildings. 2. Department of Business and Professional Regulations, Chapter 469 Florida Statute, Licensure of Asbestos Consultants and Contractors (g) Resilient Floor Covering Institute, NRCI, Updated Recommended Work Practices and Asbestos Regulatory Requirements, September 1998. (h) Florida Roofing Sheet Metal and Air Conditioning Contractors Association, NRCA, June 1995 (i) US Dept of Labor, Standard Interpretation (OSHA) 1. Application of the asbestos standard to demolition of buildings with ACM in Place,8/26/2002. 2. Requirements for demolition operations involving material containing <1% asbestos, 8/13/1999. 3. Compliance requirements for renovation work involving material containing c1% asbestos, 11/24/2003. S:1Cap I m prv~2005DisasterRecoveryl n itiative_SupplApprop\DelrayBeach_Steetl m provements\Agmt_No2_Muni.wpd Page 19 of 20 City of Delray Beach EXiiIBIT E PROJECT ACTIVITY BENChIMARKS Subrecipient Name: City of Delray Beach Project Name: Auburn Avenue Street and Infrastructure improvements Benchmark Date Submit bid documents to HCD for review/approval: Complete Receive HCD approval to proceed to bid: Complete Receive/review bids and request HCD to approve contract award: 3!01/2011 Receive DCA/HCD approval to award the construction contract: 3/15/2011 Award the contract and issue a Notice to Proceed to the contractor: 4/01/2011 Conduct the pre-construction conference and start construction: 4/15/2011 Make progress payment and request reimbursement from HCD: Approx. 20% 6/01/2011 Make progress payment and request reimbursement from HCD: Approx. 20% 7/01/2011 Make progress payment and request reimbursement from HCD: Approx. 20% 8/01/2011 Make progress payment and request reimbursement from HCD: Approx. 20% 9/01/2011 Complete construction/provide HCD Consultant's Certificate of Completion: 9/15/2011 Provide HCD all outstanding closeout documents (reports and payrolls): 10/01/2011 Make final payment and request reimbursement from HCD: Approx. 20% 10/14/2011 S:1Capl m pnr12005DisasterRecoverylnitiative_SupplApprop\DelrayBeach_Steetl m provem ents Wgmt_No2_Muni.wpd Page 20 of 20 ~- a I ~ 4 i Z i { f9 Q o I r ~ N I a I ~ d I ~ 3 I c i ~ i s i ~ .6 o. I ~- /, - ~__ I -~ ~: o r ~ ° ~ r ~ ~ , ~ 'r ~ r a w Y °~,, ,~ ~ rss ass ~ .. ~ ~ o ~ ~ v ~ ~ u ~ c' 3 ~ ~ ~ s . i a ~ ~. o a~i ~ a~i ~~ ~ ~~ c'n ~~, aazi V ~ ~ e f ~ ~ ~~ 3 ~ ~ ~ 3 ~ v 3 0 , ~ a~i cv ~ ns: '' ::~ ' ' o ~ a: ~' L ~ ~ '~ a U o ~ U o c5 a ~= ~_ -~ [L ~ ~ a °r s m o ~ ~ ~es ~ c z M ' ~- ~ ~ ~ ~ cn u . ~ ~ y ~.. W ~~ ~-- :~ v tt ua su 0 t aAi 0 ~a c7 ~• `~..,' ~ 0V ..........V L....... ~~ ;9.....,.V~.... .. a. .... .. ~, ~, a a :' I~ ryry .....: V 411. v. ~ h. ~. ~ ..., h Hlx' tit~~ _..__ _ ,.... S~--~ ...... _ .,_.,, r... MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: January 19, 2011 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 SERVICE AUTHORIZATION NO. 17/ MATHEWS CONSULTING, INC./AREA 12A RECLAIMED WATER SYSTEM ITEM BEFORE COMMISSION Request to approve Service Authorization #07-17 to Mathews Consulting, Inc. in the amount of $179,963.00 for professional engineering services in the design of the Area 12A Reclaimed Water System, P/N 2011-036. BACKGROUND The City has successfully completed Areas 1 through 4 and the southern half of Area 11 (referred to as llA) as identified in the Reclaimed Water Master Plan (adopted in 2003). The design of Reclaimed Area llB is complete, expanding the system on the northern part of the Barrier Island, from Beach Drive north to George Bush Blvd. Construction is scheduled to start in mid-March 2011. The next area under consideration for reclaimed water is the area along the Barrier Island south of Atlantic Avenue, referred to as Area 12. Due to its geographic size, it too will be divided. Area 12A will encompass the area south of Atlantic Ave to just north of Casuarina Road, Area 12B includes Casuarina Road south to Poinsettia Road, and Area 12C from Lewis Cove south to Linton Blvd. This service authorization is for professional services in the design of Area 12A only. Services under this authorization include final engineering design, surveying, geotechnical services, field verifications of existing utilities, permitting, and bidding services required in preparing a bid package for the Area 12A Reclaimed Water Transmission/Distribution system. In addition, the authorization includes design services to address water and drainage improvements within this area that will be performed in conjunction with this project's construction. Additional services arising from uncertainties discovered during surveying, field verifications, soils investigations, or for acquiring potential property/easement acquisitions, will require a separate written authorization from the City. Total cost for Service Authorization #07-17 is $179,963 (of which approximately $29,900 is related to required water and drainage improvement). The approved budget for Area 12A Reclaimed Water System is $1,500,000. FUNDING SOURCE Funding is available from 441-5161-536-68.73 (Water and Sewer Fund: Improvements Other/Reclaim Water, Area 12A). RECOMMENDATION Staff recommends approval of Service Authorization #07-17 to Mathews Consulting, Inc. in the amount of $179,963.00 for professional engineering services related to the design of the Area 12A Reclaimed Water System, P/N 2011-036. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 07-17 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. 1561 TITLE: Reclaimed Water Expansion -Area 12A This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting En ineerin~ Services I. PROJECT DESCRIPTION The City of Delray Beach has adopted a Reclaimed Water Master Plan (RWMP), (prepared by Mathews Consulting, Inc., October, 2003) which identifies areas of service for the City's new reclaimed water system. The purpose of the RWMP is to serve as a planning document from which a reclaimed water system can be developed in phases as capital improvements are budgeted and scheduled through a designated time frame. The first project identified for implementation in the RWMP was "Area 1" and was placed in operation in 2005. The second project(s) identified for implementation in the RWMP were "Area 2" and "Area 3" and they were placed in operation in 2006. The third project identified for implementation in the RWMP was "Area 4" and was placed in operation in 2008. The fourth project identified for implementation was "Area 11". The Area 11 RWS was broken into Area 11A and Area 11B. The Area 11A RWS was placed in operation in late 2009. The Area 11B RWS is designed and anticipated to be constructed by end of August 2011. The fifth project identified for implementation is "Area 12". The Area 12 RWS will be broken into Area 12A, Area 12B and Area 12C. The proposed reclaimed water system for "Area 12" is shown in Figure 1 & 2. The Ci has decided to only move forward with the design ofArea 12A at this time. This project involves providing engineering design, permitting, surveying, geotechnical investigations, utility locates (e.g. soft digs) and bidding services for the Area 12A reclaimed water transmission/distribution system. RW Marea 12Acontract0 l / 18/ 11 1 Project components consist of: • Reclaimed water mains (ranging from 6-inch to 10-inch diameters), valves, fittings & reclaimed water meter boxes/services. The reclaimed water mains will either be designed as conventional open-cut method of construction or combination of conventional open-cut and directional drill. • Provide 6-inch reclaimed water stub-outs as required for future connections. • 8-inch water main along Miramar Street (from Gleason St. to State Road AlA). New water services, meter boxes and fire hydrant will be provided. The existing backyard water services will need to be connected to the new meter boxes. • 6-inch water main along Coconut Row (from Gleason St. to east dead-end). Provide new water services and connect to existing meter boxes. Provide fire hydrant at dead-end. • 8-inch water main along Ingraham Avenue (from Venetian Dr. to Gleason St). Provide new water services and connect to existing meter boxes. • 8-inch water main along Nassau St. (from Gleason St. to State Road AlA). New water services, meter boxes and fire hydrant will be provided. The existing backyard water services will need to be connected to the new meter boxes. • 8-inch water main along Bay St. (From Gleason St. to State Road AlA). • Drainage Improvements in project area shall be per the Bay Street Drainage Area Evaluation performed by Others (Refer to Exhibit 1). The work includes: (1) replacing the existing 18-inch drainage piping (approx. 250 LF) along Gleason St. (from Nassau St. to Bay St.) with 36-inch drainage piping; and (2) replacing the existing 30-inch drainage piping (450 LF) along Bay St. (from Gleason St. to Venetian Dr.) with 48-inch drainage piping. • Roadways -trench repair w/ all roads (with the exception of Atlantic Avenue) to be micro-surfaced. • It is important to point out that the Venetian Drive project that was designed by Mathews Consulting and was constructed during the timeframe from 2000-2002, included Tensar BX1100 Geogrid underneath the road section along Venetian Drive (from Atlantic Avenue to Casuarina Road). In this area, the reclaimed water piping needs to be installed outside of the pavement section, and any road crossings should be directional drilled. II. SCOPE OF SERVICES Phase I -Study and Report Phase Not Applicable. Phase II -Preliminary Design Phase Not Applicable. Phase III -Final Design Phase Consultant shall provide final design phase services in accordance with Article III.C of the Agreement for Engineering Services with the City, dated May 30, 2007. RWMarea 12Acontract0 l / 18/ 11 2 1. Field Investigation: Field reconnaissance of the proposed pipeline alignment shall be performed. Photograph log walk-through will be included. In addition, potential underground existing utilities will be identified. 2. Utility Coordination: Coordination with utility agencies (electric, phone, gas, and cable TV) shall be performed to collect record information. This Subtask includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. 3. Design Drawings: Consultant shall prepare construction drawings which shall include: cover sheet, general notes, civil plan/profile drawings, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20' for plan and 1" = 2' for profile. Consultant shall prepare the engineering design elements on topographic survey information prepared by Consultant's surveyor using AutoCAD Release 2009 format and available As-Built Drawings. Consultant shall coordinate with the City in order to design the proposed reclaimed water transmission/distribution piping in accordance with the requirements and design standards of the City. Drawin s (two copies) shall be submitted for City review at 30%, 60%, 90% and 100% Stages. 4. Specifications: Contract documents consisting of "front-end" documents and technical specifications shall be prepared and shall conform to City of Delray Beach Standards and the FDOT Standard Specifications for road and bridge work. Specifications (two copies) shall be submitted for City review at the 30%, 60%, 90% and 100% stages. 5. Cost Estimate: At the 30%, 60%, 90% and 100% stages, Consultant shall prepare a detailed opinion of probable construction cost based upon the level of design drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. Opinion of probable construction cost (two copies) shall be submitted for City review at the 30%, 60%, 90% and 100% stages. 6. Meetings: Consultant shall attend kick-off meeting and four (4) design meetings with the City and provide written summary of the issues discussed. 7. QA/QC: Consultant shall provide internal QA/QC reviews on the 30%, 60%, 90% and 100% Design Documents (e.g. drawings, specifications and cost estimates). 8. Final Deliverable: Consultant shall furnish the 100% design drawings, one (1) mylar set and one (1) set of AutoCAD (Version 2009) files in electronic format on CD. Phase IV - Biddin~/Ne~otiation Phase Consultant shall provide bidding phase services in accordance with Article III.D of the Agreement for Engineering Services with the City, dated May 30, 2007. RW Marea 12Acontract0 l / 18/ 11 3 1. Bid Advertisement: Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide up to ten (10) sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. 2. Demand Star Bid Submittal: Consultant shall furnish the bidding information to the City in electronic format to be used in conjunction with "Demand Star". 3. Pre-Bid Conference: Consultant shall attend pre-bid conference and provide a written summary of issues discussed. 4. Bid Clarification: Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 5. Contract Award: Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. 6. Final Deliverable: After Contract Award, Consultant shall furnish the As-Bid design drawings, one (1) mylar set, one (1) set of AutoCAD (Version 2009) files and one (1) set of pdf files in electronic format on CD. Consultant shall also provide one hard copy only of the Contract Documents (i.e. front-ends and technical specifications). Phase V -Construction Administration Phase Upon completion of the final design phase, the Consultant shall submit Addendum No. I to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III-E of the Agreement with the City Other - Permitting At the outset of the Design Phase, the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: (1) FDOT for work within Atlantic Avenue R-O-W and State Road AIA R-O-W; (2) Palm Beach County Health Department (PBCHD) for water main upgrades; and (3) South Florida Water Management District (SFWMD) for stormwater upgrades. Permit applications shall be completed as required for FDOT, PBCHD and SFWMD. Associated permit application fees shall be determined by Consultant and paid by City. RWMarea 12Acontract0 l / 18/ 11 4 ^ FDOT Utility Permit for work within Atlantic Avenue and State Road AlA right- of-ways, which are both State maintained roads. ^ PBCHD Water Main Construction Permit. ^ SFWMD Environmental Resource Permit for stormwater improvements. In addition to preparing the permit applications for appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: ^ Attend up to one (1)pre-application meeting with the staff of each of the regulatory agencies. ^ Attend up to one (1) meeting with each of the regulatory agencies during review of the final permit applications. ^ Respond to request(s) for additional information from each regulatory agency. Other - Geotechnical Consultant shall furnish the services of a professional geotechnical engineer to provide subsurface investigations of the project area that will include: ^ Perform up to fifteen (15) standard penetration test (SPT) borings to an average depth often (10) to fifteen (15) feet. ^ Evaluate field data collected and provide geotechnical engineering evaluation report. Other -Survey Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the established project limits will be referenced by baseline station with an offset distance (left or right) from baseline for the project and will include the following: 1. Topography survey at 100-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: a. Location of all visible fixed improvements within the project limits, including physical objects, roadway pavement, railway tracks, canals, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. b. Location of all known above and below ground existing utilities: FP&L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters), Reclaimed Water Mains (pipe diameter, TOP and valves), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs), Storm RW Marea 12Acontract0 l / 18/ 11 5 Sewers (pipe diameter, manhole inverts and direction, catch basins, and rim/grate elevations), and all other accessible structures. This will include coordination with Sunshine and City of Delray Beach. Underground piping shall be pot-holed by City in a timely fashion. c. Identify platted rights-of--way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. d. Elevations shall be indicated every 100 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades, low points, railway ditch bottoms, and all right-of--way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Sufficient grades shall be indicated on the driveways and parking areas to indicate direction of grade. e. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. The above topographical survey data will be prepared in AutoCAD (Version 2009) format at a scale of 1 "=20', as one continuous file. The City of Delray Beach standard layering system shall be followed. Other -Field Verification Consultant shall furnish the services of a professional underground services company to provide underground field locations of affected existing utilities. The work shall consist of measuring and recording the approximate horizontal location of affected utilities within the project limits. It is anticipated that approximately fifty (50) utility locations will need to be pot-holed. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1. City will provide Consultant record drawings of all available existing facilities and proposed facilities, which shall serve as the basis of design in this project. The information will be provided to Consultant within 5 calendar days of NTP. 2. City personnel will assist in field verification of affected existing City facilities. This includes marking in field (in a timely manner) existing water mains, sanitary sewers & laterals, force mains, reclaimed water mains and drainage in the field for the Surveyor. RWMarea 12Acontract0 l / 18/ 11 6 3. Consultant can assume that all existing and proposed reclaimed water main alignment is within City of Delray Beach and FDOT rights-of--way. 4. Atlantic Avenue is a State Road. AlA is a State Road. 5. City is responsible for all permitting fees, including costs of public notification in local newspapers. 6. The Contract Documents will be prepared as a single contract. No pre-purchase of materials and/or equipment is presumed. 7. A single bidding effort for the project is assumed. Re-bidding of the project is considered Additional Services. 8. City will be responsible for preparation of any descriptions, sketches and acquisition of easements (including temporary construction easements) that may be required. Consultant will identify the location and dimensions of any easements or temporary construction easements required for use of the City to prepare the easement descriptions and deeds. 9. The design is to be based on the federal, state and local codes and standards in effect at the beginning of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services Item not currently included in this Scope of Work. 10. Consultant assumes that there are no contaminated soils or groundwater in the project area. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of surveying, geotechnical, sanitary, water, reclaimed water, and drainage improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, and potential property or easement acquisitions. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements: A detailed description of the work to be undertaken. A budget establishing the amount of the fee to be paid in accordance with the Agreement. A time established for completion of the work. RW Marea 12Acontract0 l / 18/ 11 7 III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). Refer to AttachmentA for the project schedule. En ineering Services Time per Phase Cumulative Time Survey 60 days 60 days Phase III -Final Design ~t~ 200 days 260 days Permitting~1 45 days 285 days Phase IV -Bidding 60 days 345 days ltlGeotechnical, Surveying and Field Veriftcation will be completed during Final Design Phase. ~2~Permitting will overlap with 100% design time frame. * The schedule is based upon conducting a review meeting within 14 calendar days after the City receives the design submittal. All review comments shall be provided to Consultant within 14 calendar days after the City receives the submittal. An adjustment to the overall schedule will be required in case the review meeting takes longer to be conducted and/or obtaining comments takes longer to receive. VI. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Refer to Attachment B for budget summary. En ing Bering Services Phase III -Final Design Phase (Contract 1) Phase IV -Bidding Phase (Contract 1) Permitting Surveying Geotechnical Field Verification Out-of-Pocket Expenses Additional Services (drainage allowance) Estimated Fees $ 84,097.00 $ 8,694.00 $ 4,660.00 $ 57,712.00 $ 5,500.00 $ 16,500.00 $ 2,800.00 ~'~ $ 15,000.00 TOTAL PROJECT COST $ 179,963.00 ~Z~ Notes: ~tlOut-of-Pocket Expenses include the following: printing/reproduction and postage. ~~1 Total project cost does not include the $1 S, 000 for Additional Services (if authorized by the Cfty). RW Marea 12Acontract0 l / 18/ 11 This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant shall commence work upon City Commission approval and this Service Authorization to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: Date: Nelson S. "Woodie" McDuffie, Mayor MATHEWS CONSULTING, INC. Date: David Mathews, P.E., Vice President Witness Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _day of , 2011 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me) or (has produced identification), Florida Driver's License and (did/did not) take an oath. Signature of person taking acknowledgement RWMarea 12Acontract0l / 18/ I 1 9 ~~~ m~ ,~,. ~., j ~,.s..~ ~it~Y TR..EF,T ~RAIT'~1'~GF..~..~~.E.~1. ~V~.I.,U.~"TIC~ the intersection of Nassau and Gleason Streets is a low-lying area that will experience the effects of a significant rainfall event before other areas within the drainage basin. Soils and land cover uvithin the drainage area were ~•eviewed in order to determine alapropri- ate curve numbers and times ofconcentration for each suLi-basin in the hydrologic model. The significant topographic relief in the eastern sub-basins necessitated tl~e use of higher curve numbers than would typically be assigned to the soil and land cover features of these sub-basins. Storage information for the sub-basins was developed from the LiDAR information. The computerized land surface was virtually sliced at 1-foot intervals to determine the area of storage at each interval. Data hired in model development are provided in Appendix A. The actual model input is provided in Appendix. 13. ~@ ~1 ~il ~:-: a at; ;i ~ I& 3 L~g~and a~~: rJe ____ hla~el hock>: ~ ;~'~4ih•t~5nrdns ~, Figure 3 - Nlodel Schematic ld~l 67 OlJV 4Ad7 Vl,i~ 4.Jy l„//4A {.'lOl l4}. pC".~~~ ~"'r~c~~~r~li~~c! 5~rvic~~. " _~ J ~.. .... ~ .h p M (~ T7 a , r71 ~ ~ . F' '~ .. i .. ... ~ ~ ~ ~$ ~ .~: pax ~ •:8 d~+n ~ 1 ~ dj ..r ~ t~, ~. Moc~: r boos ENGINEERS •.,~~liv Ei Oiri ~ I.APoNERS .! u ~~ ~~ ,^, ,, +' j" ' 1 ~.~ `~R~.~ ~~sw0 From 'die field observations, the following recommendations are made: ^ ^ 1. T'he level transduce-• hangs loose in the wet well; install transducer within a stilling wellitube to increase accuracy of readutgs. 2. Orrloff elevations for the lead pump that we were shown in the f eld did not match what eve were previ- ously provided; tl7e on elevation was $.S Feet vs. 1 1.25 feet and off was 6.25 feet vs. 9J5 Foot. Then, vali_ies arc based on the wet well's depth, not (~ISL cx'NCp'VD. We recommend that these values be verified. 3. Staff' indicated that the existing stormwater system Wet Well pipes upstream of the pump station hail not been tele- vised recently. We recon~n~end that all pipelines within the Ba}~ Street draina«e area, but particularly the main lines from the Nassau/Gleason Street intersection to the pump station, be televised to review pipe integrity, sediment accumulation.. and/or root intrusion. From the modeling effort, the following recomrnenclations are made: 1. h~ order to increase 'the level of l~roteetion for the neighborhood. schedule the replacement of the pipes with the sizes modeled in improvement scenarios 2 and 3. That is, up-size to 36-inch pipes along Gleason 1'ron7 Nassau to Bay Street; and up-size to 4$ inch pipes along Bay Street, from Gleason to Venetian. 2. In order to fu-•ther i-~crease the level of protectic7n, after the pipe replacements are complete, modify the pump station an/off elevations to: c~l~ c~rF Lead I.0 -5,O Lag 1.5 -5.0 "/r lrl4/VC;7 l.~t/C:~ 4,/l//~~~~4/11+7~. fC-~j'~ $ l~~rsvrr~li~~~' ti5~rvic~. " ~_ MOCK ~ DUOS EN61NEER5 •~. _. _. ~, ='L~xryn~RS ' a 0 C ~ ~- c a ~ LL E U A a ~ ~ N ~ O ~ LL N c ~ a R ~ F F ~ Z v d D ~ I ~~~ O Z O ~ ICI ~, III a ~I, N l rn j 3 Q • ~ r O _ ~ N ~ C ~~~,l 7 • A ^ ~ r2 l1 a i u ~~~~~ d LL • VJ T W a = o ~ a ~ . .a y N ~ ~. T T ~ {0 t0 ~ • d ~' ~ fp ~ C L4 ~ R ~ l0 ~ 'O v 'a ~ • • • • , L ~ C • N y ~ ~ 0 ~ ~ ~ r ~ ~ ~ Q .~ O ~ O u ~. w ~ v ~ O ~" ~ ` ~ "o o ~ r°> cv ~°c v rn iv ° ~ ;a o ~ Z ~ N N LL a m U c/7 y Z W ~ ~ J Q ~ z O U W ~~ U ATTACHMENT B City of Deiray Beach Reclaimed Water Expansion -Area 12A Budget Summary Labor Classifi cation and Houri Rates hase No. ask Description Principal Engineer $144.00 Senior Engineer $132.00 Engineer $108.00 Construction Inspector $82.00 Senior Eng. Technician $97.00 Senior Cadd Designer $92.00 Clerical $54.00 Total Labor Sub- Consultant Services III Final Design Phase Task 1 Field Investigation 4 8 8 $2,408 _ __ Task 2 Utility Coordination 4 6 16 4 $3,136 _ ___ __ __ Task 3.1 30% Design Drawings 8 30 30 80 $16,112 ___ Task 3.2 60% Design Drawings 8 40 40 _ 80 $18,512 __ Task 3.3 90% Design Drawings 8 30 30 75 $15,627 _ _ Task 3.4 100% Design Drawings 5 35 50 $10,190 Task 4 Specifications 18 _ 20 $3,672 __ Task 5 Construction Cost Estimate 15 20 _ __ 6 $5,124 _ _ Task 6 Meetings 20 12 _ __ 6 $4,788 __ Task 7 Quality Assurance 19 _ _ _ $2,736 _ Task 8 Final Deliverables 4 2 8 4 _ $1,792 _ Subtotal 113 183 100 0 309 8 40 $84,097 __ IV __ Bidding Phase _ ___ _ _ _ Task 1 Bid Advertisement 5 3 3 $1,173 Task 2 Demand Star Bid Submittal 3 3 9 _ $1,209 _ Task 3 Pre-Bid Conference 5 3 2 $1,152 Task 4 Bid Clarification 6 4 6 2 $1,986 _ Task 5 Contract Award 5 8 4 $1,800 Task 6 Final Deliverable 4 6 4 $1,374 Subtotal 28 0 15 0 18 0 24 $8,694 Other Permitting 6 15 8 8 4 $4,660 _ _ __ __ Surveying $52,465 Geolechnical $5,000 Field Verification $15,000 Subtotal 6 15 8 0 0 8 4 $4,660 $72,465 Labor Subtotal Hours 147 198 123 0 327 16 68 $97,451 $72,465 ____ _ _ __ _______________ _ Labor Subtotal Costs __ _________ $21,168 _ _ __$_26,136 _ $13,284 _ $__0___ $31,719 $1,472 $3,672 Labor Total Costs $97,451 Subconsultant Costs Total $72,465 _ _ _ Subconsultant Multiplier 1.1 _ _____ Subconsultant Total $79,712 Reimbursable Expenses $2,800 Project Total $179,963 Mathews Consulting, Inc. oo:~ Mme : Mop, zc ~e< 200 - < aom ~~ s:AP~ospecrwe~ceiray~o7-i ae~a~meb w, E, ~ reo ~Vcn~~?re~ ~~-~< o,dwq Layoul "ab: F GUF,E ' L,, ,,- ., /,~~.' _ ~~ ~ lip _ ~ !i ~y~ ~rY~sl-~", 1 ~'3 ~ 1 4' ~ ,~}: ° ~ x~ 7 ~ ~ r BLVD. k _ = S~, r - ..st~GEORGE _ 6~ n^ ~~ *q R tti Z Z. L i~J 4p ~„~ p -rrr m-- -- N ~ , ~,. ~ ~ +'~ - ~ ,~' t - ~., ~{ i t y . ~ " y B 4~~ c c - °: ~~°~ t~: ~ ~ T = 7~ r .. r ~ " o ~ ~ ~.• ~~ ~ Q Z Z , ,. ~.. ,~ y~ xsr x y ~ CA ~ Z. t r: ~~'7€ { ~ ~ r _ FiE,,~Ck#DF21VE _ 4r~ ~~ t Q , -. '.y. 'Q ~ ~-]• tljf ~' ..~t' Xf/y' r.ti a2`'~ ~tr'~y ", ~'S,,~. -. .. _ t 3 ~~ ~~ ~., .. ,t, ~: c - ~ . ' [~'~' 3RD "ST ~,4 `~' v ;Ik' * °. ~•rd A P.S: ~ t ~ Lg~ ~ _ - ~ ~ , ~ ~ ~~ x5 ~ ,~ H ~ y ~ ~ L. ~ r ti ~ ~. ~~ .,:,~~ k ~.~ N_E 2ND ST i ~ ~ ~ ..r, n ~ - ,v ..»I„! ~ _ Y~ 1 ~ ~'~ 3 5 ,~ _ w +~.' U ~ - - ~ F [ ~~ N.E 1ST 'ST, ^,>, r ~'~r~glc'. ,1.OV11RY R $L "~ ~ fir ~~ -- >.: ra n, ~' ~a ~ ~ r ,y ~,-m, -~,+_ ~~ ~ ~i ' i n ir~~ 3~-~ ~l'ti-~ raw - ~~ ~ ' ;- ~_ s ~ ~i t~v c~{~ rr , - _, S~~ ~ O o~ L~ J ~_ >t, a are ~~ I ,. ..-- ~ 6 ,c... ,; - F- t~ ~ ~ ~. .. t_ _~ ~ Cfl~ ~ >. ' Z ~~ z A~ B O~ ~¢O e ~ - ~: _` AREA 12A ~ - ~~ ~ ~ ~ ~ ~ ~~, ~~ 4 -Y -3 _ .r ,x, ~ 1. MATCHLINE 'A' LEGEND (SEE FIGURE 2) ~ m ~ ~ SERVICE AREA EXIST. RECLAIMED WATER LINE & SIZE PROPOSED RECLAIMED WATER TRANSMISSION LINE & SIZE PROPOSED RECLAIMED WATER MAIN & SIZE N CITY OF DELRAY BEACH ~eL:: ' "Soo. r ~ TECHNICAL MEMORANDUM IVIATHEWS °=soo' soo o soo ~ AREA 12 RECLAIMED WATER PROJECT CONSULTING CIVIL ENGINEEflS ooie~rme : uo~, zo n« zoio - z:~e~m amnVna.me : s:A~,os~o~r~eAoe~oyVo~-v eeao~m~d wa~a~ _,ca~~sm~~ - aec izn~cro\A,~ r.-~a nzrm.~wN Loyoul iab: FIGJ~= 2 (SEE FIGURE 1) MATCHLINE 'A' ~,x - ., I ~ ~ .~ - , ~. ~~ ~ _ ~Z ~ ego ~~ ~ .. ' '` ~ ~ er'k ~"' ~ Z ~ ` AREA 12A ~` ~ -~ z~ F~ 4 / 1~ - - U.t~ .~. -~. ~ ~ " _ r 'd a y "~ - s..; ~ ~' U ~ CAS~JARIN/ r= - z z .~, O o a ~ ~~ y ,~'~ ,_ ~ F O .,~ ~ ~ s z ~ ~ .e ~~ ~ ~' g , , r~ ii Fr - co i Q R (~ ~ N 1 ~ - ~, ~ ~ ~ Q } j s ~ ( ~ rt 3 .f ~'~,~~ Y, ~ t~i ~., m , ~ ~ .. ~ t f . n4" to - Z , w5"" ~ ~~~~""" ~, Z . Z _ ~ I r: ~ ~ ,~, .= 0 ~ r ~ '. t. y ~ '~ r b , ~ E ~ ~ f_ ~~~ ~r ~ ~ > tt ~ i F ~ p. ~ ~'' ' ° i w ~~ ~i ~ " v _ ~ 4 f - ti ~ ~L{ y `' ~ ~ AREA 12B ~ L , ,,, r 5. eiQ ..FQ 4'Lil,~Q t4"" . { ¢ ~~ ~ ~HIBISCl~6 RQ ~ " . s .+ro~ '!~ '~ ~ , q ~ ~' j f c. ~ "7`p - ~ ~a -,i~ 11 ~ ~ ~i. t t ~ ~ '. ~ } J sv i`~ ~ ,'~ r;ti '"~ ~ f, ' LAW+S COVE ~ , 4wK: I ~/[ ~ y .._ i f~ XiJ -. ~,- r~~i}J~ ...~, ~ u '~( a' ~ AREA 12C ~ ~~; '' - ~~~ --~: Y , . p yyy,, ~~fl 1 ,Y ~ :. P4T ~}~,y~p~ ~ '~4 ~ ~ ~ 4 L '~u ~ Y~...1 _ 7. ~j y~ , ~ R,EL-HAVE3J DfZ ~ r lea mm's . , I ° ~ 'y`,v ' ~y ~ ~ 6-9J'" a ~~ _, _. , ., : ,.~ ;,~, s LEGEND m ® m m SERVICE AREA EXIST. RECLAIMED WATER LINE & SIZE PROPOSED RECLAIMED WATER TRANSMISSION LINE & SIZE PROPOSED RECLAIMED WATER MAIN & SIZE CITY OF DELRAY BEACH ~ scA~E o N C TECHNICAL MEMORANDUM MATHEWS r-soc' 00 CONSULTING '0° o s ~ AREA 12 RECLAIMED WATER PROJECT C I V I i ENGINEER S MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: January 26, 2011 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 LANDSCAPE MAINTENANCE AGREEMENT/CROSSWINDS SINGLE FAMILY HOME ASSOCIATION ITEM BEFORE COMMISSION The item before the Commission is for the approval of the installation of new annuals within the right- of-way in front of the intersections of Homewood Blvd and Azalea Court., Begonia Court., Carnation Court. and Dracaena Court. BACKGROUND The Homeowner's Association of Crosswinds is proposing to install eight (8) beds of annuals at the above intersections. They will be responsible for maintaining the plantings and changing them out at the end of the planting season. They are proposing to use Impatiens during the fall and spring and a summer annual during the rest of the year. RECOMMENDATION Staff recommends City Commission approval of the Landscape Maintenance Agreement providing for installation of new annuals within the right-of-way in front of the intersections of Homewood Boulevard and Azalea Court, Begonia Court, Carnation Court and Dracaena Court. Prepared by: RETURN: Ik ~ ~ , ~ ~ R. Brian Shutt, Esq. ~_ ~, ~ _._~ ~.,. City Attorney's Office ' - T= 200 N.W. I st Avenue Delxay Beach, FL 33444 LANDSCAPE MAJ<NTENANCE AGRI~EMENT ~~~ THIS AGREEMENT is made this ~ day of, , ~6fl_ by and ~a~~ ~- ,lam between the City ofDelray Beach, Florida ("City") and "Owner"). P WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements far landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right-of--way of ~ .. ursuant to the terms of this Agreement; and, ~ ~~~~ p WHEREAS, 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 ~ _ and, WHEREAS, the City reserves the right at any time to utilize the right-off 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 ruiless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, 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 are hereby acknowledged, the parties hereby agree as follows: 1. The Parties hereby represent and warrant 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, further 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 further 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; to properly mulch the plant beds; to keep the premises free of weeds; to mow andlor 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 entixety, or removing or replacing those that fall below original project standards. All plants removed for 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 from 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. 5. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City 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 landscaping or part thereof, and invoice the Owner for expenses incurred. {b} Terminate this 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 fox any reason the City decides that it needs the right-of--way of ~~6~, ~~~~ ~ ~ ~, or for any other public purpose this Agreement shall terate, and the 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-af--way within 20 days of such notification, if so 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 maintenance of Landscaping in the City's right-of--way. 9. 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. IN WITNESS WHEREOF, the parties hexeto have caused this Agreement to be duly executed on their behalf this day of ATTEST: City Clerk Approved as to legal form suffici y. City Attorney ~ ~ ~ ~ ~ ~ WITNESSES: 200 . CITY OF DELRAY BEACH, FLORIDA By: Mayor L ,h 1~~=~+~ i (Print or Type Name} (Print or Type Name) STATE OF ~... '~~ COUNTY OF ~~•O (Print or Type Name} The foregoing instrument was acknowledged before me this ! day of ~~c~~ , 20, by J ~ i ~w , as ~~ t {name of officer or agent, title of officex or agent}, of ® a ~~ ,' ~~ (name of corporation acknowledging), a ~~~• (state or place of incorporation) corporation, on behalf of the corporation. He1She is personally known to me or has produced (type of identification} as identificat~pn. Signature d ~Pe ~" o~~c~o~~ * ~ EXPIRES: June 14, 2413 s~q_ „a~°`~ 9onded'FhN Budget Ndary Saivices Name Typed, Printed ar Stamped 1~ 4 E~~~~~~ rr~l, L I N T O N ~' o Q Z ~ Q CT SALERNO WAY ~' eR~~NrOyyN 0 W a z CALABRIA WAY D J ~ ~ Y W ~ O DO ~ ¢_ ~ Z W (]C SAN REMO WAY ~ ~ w [~ 4. ~~ . ~~~ , Y ~FP~ J 0 r z ROI~D W z W a n z N p N a ~~, vi i ~, N CROSSWINDS LANDSCAPE BEAUTIFICATION , f i ~ ~ Y ~ PLANNkNG AND ZONING LOCATION MAP ~~-~ ~;~#~. pEPARTMF"NT -- DlG1T.4L &i5E MAP SYSTEM ~- MAP REF: U:\AutoCAD\Peter\Crosswinds l.andacape Beautification ~J v; a W ~ w ~ >_ 5 r` ~ } ~ ° SUMAC CT. z N Z ¢ O n O Z O z ~ ~; ~ X a o ~ J m Q v BLACkt OLIVE BLVD. ~ ~ W Y ~ a c~ B 0 U L E VAR D CAN A L L-~6 ~ CIRCLE ~~ ti ~~. EXHIBIT "~3" ~~ t~ i $ ~~ ~ ~~ ~~ - I ~.v~ ~ i i..i..€ cn F'''= ~ ~, ~ i... ~ ; C.3 ~ ~ S ~ i ~ ~ -. _ . S~'y ~r` ~~' i ? ~ 1. ~,~ ~5~ i=1 in e's G' '' . ~ ~ 'e ; _ ~ ~~~ ~~ f t) i 1 ~ i e j S ' ~.1 ~~ S f 1 ) ~- ~,T, ~ f i ~ tl~ ~ q rt ~ , ~ ~~ FF °~ ~` ~ of ~~! x ~. ,.«-~r~ `; ~3 ~'_ ~.J .: ~ . i_ ~h .~;.,. F^ ~~ j~a' i '~ ( ,/ ~' ~~~~1 ~ , _ K,~r_ ~ :~.:. - ~ ~ _~ _ . n,~': ~: -~ ~ , ,~ ~~ c ~> ~ z 11~ a~ ~, ~ ~ , :~ ,_. Eta ~~ ~a ~.. ... r-~ (~ ~{ r ~ F ~.. C L{4 _S ~~ ;S ~~~; .. ~ 'J> ' > r' _ ~ r. ° ~ f ~ ~ `'y ~ 1 t c ~ 'l _ ~ ~ ~ ~~ 1 ~~ ~, S I _. r t t .,. .. .J ~. ~ ~ Lu }.~ i i i '. C ; ~ - ` to i,) ~ 1..~. Cii I':1 ct9 ~;:; a ~ c ; i °~ .ELI r~ },,.., ~ "~ try s:.?.. -C:5 ~"_ ~ 1J.1 k_a ~ s~i ~ .. i ~a '~ " t_ ~._. '~ r;~ ~w ~... ~,~~ .~. Ci? ;( 7..._' C_i; ~1 t~ i~, f.'.l ~:) C77 rj ~ ~..µ ~'~. s:: i.:x .--' ~4> r.~? ~ ~'~a .,;s i„7 ~~~ s =~~~~``~ ~, ~~\c= ~ ~~ ~~~~0~ F t.AY 5~lTiIV, INS. December 2, 2010 City of Delray Beach Landscaping Department 100 NW Ist Avenue Delray Beach, FL 33444 Attention: Mr. Peter Anuar Dear Sirs: ~r ~ ~.. We request permission to plant a total of eight beds at the corners of each cul-de-sac, Homewood Blvd. and Azalea, Begonia, Carnation and Dracaena Gourts. The beds would be 12 ft. lorig and 2 ft. wide, each planted with ten impatients, and mulched. We will maintain these beds throughout the year. We look forward to your reply. Sincerely, CROSSWINDS SINGLE FAMILY HOMES AS OCIATION, INC. ~- _.~_._........._, ~,...-~.~..~ a ~~~ D~~~~rad~ey; 1~' srdent Keith Schienberg, Vice President ...._,u.~~ee, ~ l~ ~ ~~ George Mari o, ice President Kathy Fryer, SeLretary ~~^~ Bob ewa Irv Genser h Joh ton 17®0 Ho~vrcwocd B®uleVarcl, Delray BeacF~, ~Iorida 3345 "releph®ne: Z78-77B1 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: January 26, 2011 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 LANDSCAPE MAINTENANCE AGREEMENT/ 909 SOUTH OCEAN BLVD ITEM BEFORE COMMISSION City Commission approval is requested for the installation of new shrubs within the City right-of-way in front of 909 South Ocean Blvd. BACKGROUND The owners of 909 South Ocean Blvd are constructing a new single family residence. They are proposing three layers of shrubs and ground cover within the A-1-A/Ocean Blvd right-of-way. The proposed plantings consist of green island ficus in front, gold mound behind that and angel winged begonias in back of the gold mound. All of the proposed plantings will be able to be maintained below 36 inches. RECOMMENDATION Staff recommends City Commission approval of the attached landscape maintenance agreement for installation of new ground cover and shrubs within the right-of-way in front of 909 South Ocean Blvd. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue -elray Beach, FL 33444 LANDSCAPE 11~AIN~'ENANCE AGREEMEN`T' THIS AGREEMENT is made this day of , 200 by and between the City of Delray Beach, Florida ("City") and ("Owner"). WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping, and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right-of way of pursuant to the terms of this Agreement; and, WHEREAS, 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 ~ ; and, WHEREAS, the City reserves the right at any time to utilize the right-of--way for right-o£ 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 for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, 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 are hereby acknowledged, the parties hereby agree as follows: 1. The Parties hereby represent and warrant 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 xequired installation and maintenance of the landscaping. The subject property, further 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 further 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; to 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 far 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 for whatever reason shall 6e 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 from 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, OT ShrUbS. 2 S. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City 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 landscaping or part thereof, and invoice the Owner for expenses incurred. (b} Terminate this 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 aIl 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 the 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 notification, if so requested by the City. $. 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 maintenance of landscaping in the City's right-of way. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of zt. 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. l I. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this ~ day of ATTEST: City Clerk Approved as to legal form and sufficiency: City Attorney WI'I'NE~~S: ~...~ ~_~ c„_... r ~ ~:.., (Prim or Type Name) /' t (Print or Type Name} STATE OF ~' COUNTY OF ~ ~ ~..~ ~ ~--~ {name of offic {name of corp c oration, o ~~ ~,~. , 2ao_. CITY OF DELRAY BEACH, FLORIDA By: Mayor {OWNER)'' ~ ~L~ ~/_'~ ~ ~' ~ {Print or Type Name) The foregoingninstrument w s a~knowled d before me this ~ day of er or agent, title of officer or agent}, of oration acknowledging), a {state or place of incorporation) n behalf of the corporation. HelShe is personally knovm to me or has produced L.j~ _t~~.~~' ~ (type of identification} as identification. Signature of Person Taking Acknowledgment kdD'It~zia t'i. r~~,.a.; ,:, ~ 14'~i: L1~ z''L,vai.[~i(j v .(b~~:Ii~jY.d ~at'?~~' ~~~ u Name T ~l~te~1 0~~~~1Z~~3 NAY,137'H[;II fx"tT.RN'1~C IiQPr~1NG CO, ~,~~ Exhibit A ~~ ~ ~ N 909 SOUTH OCEAN BLVD. r~ ~Y ? ~ ~~` PLANNING AND ZQNING DEPARTMENT AERIAL MAP (Nate: Lots have been replatfed and houses have been demol€shed) --- D/CITAL &1SE MAP SYSTEM -- i1:\AutoCAD\Doug Sm'sth\9D9 s. Ocecn BIvd~4eriaE w BUCIDA RD. z ~ ~ w ~ o ~ ~ ~ ~ w ~`' Q ¢ Jo `n o~ MELALEUCA RD. ~ ~ LQ ~ c"~R153 I- A RD, w Q ~ ~ TAMARIND RD. Q r- Q off. O Z S.E. 8TH ST. SAUHINIA Rp,yD w u~ c~ w w ~i ~ ~ AZALEA RD. S.E.B1H • C. ~ ¢ Q J Q ~ Q O ~ ~ ~- ~ ~ ~~ S.E. 91H Si. Q ~' ~,.i ~ ~ ~ ~ o ~ CJ ~ ~ Q HIBISCUS ROAD ~ ~ Q ~ F- Z ~ Cn - ~ ~~ POINSETTIA RD. LEWIS COVE --~-- D!GlTAL 8A5E MAP SYSTEM -- MAP REF: 5:\Planning &Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1214_909 S. 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I A MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: January 26, 2011 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 AMENDMENT NO.4 TO SUB-RECIPIENT HOUSING PARTNERSHIP AGREEMENT/ DELRAY BEACH COMMUNITY LAND TRUST ITEM BEFORE COMMISSION Approval of Amendment 4 to the Sub-Recipient Housing Partnership Agreement between the City and the Delray Beach Community Land Trust (CLT) for the purpose of subsidizing the costs associated with affordable housing units within the CLT. BACKGROUND At the August 5, 2008 meeting, City Commission approved aSub-Recipient Housing Partnership Agreement between the City and CLT for the purpose of subsidizing the costs associated with affordable units within the CLT under the LHAP's "Sub-Recipient Housing Partnership Program." Amendment 1 was subsequently approved on April 15, 2009 allocating additional funding in the amount of $360,000 for FY 08-09, and extending the agreement until September 30, 2011. Amendment 2 allocated $90,000 in additional FY 08-09 funds. Amendment 3 extended the FY07-08 housing goals deadline to Apri130, 2010. Amendment 4 extends the FY08-09 goals deadline from February 1, 2011 to May 31, 2011. FUNDING SOURCE SHIl' - 118.1924.554.49-20 RECOMMENDATION Staff recommends approval of an Amendment 4 to the Sub-Recipient Housing Partnership Agreement between the City and CLT. AMENDMENT NO. 4 TO SUB-RECIPIENT AGREEMENT THIS AMENDMENT NO. 4 to the Sub-Recipient Agreement entered into by and between DELRAY BEACH COMMUNITY LAND TRUST, INC., (hereinafter referred to as "C LT"), and CITY OF DELRAY BEACH, (hereinafter referred to as "City"), is entered into this day of 2011, under the following terms and conditions: WITNESSETH: WHEREAS, the City and CLT mutually covenant and agree to amend and modify the Sub-Recipient Agreement entered into on August 5, 2008, the Amendment No. 1 dated April 29, 2009, the Amendment No. 2 to the Sub-Recipient Agreement dated September 22, 2009, and Amendment No. 3 to the Sub~Recipient Agreement dated December 9, 2009 in order to provide for extension of the Sub-Recipient Agreement regarding the Housing Partnership. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. Paragraph II, "Programs", A. "Homeowner Program", 1, "Duties and Responsibilities" of the Sub-Recipient Agreement dated August 5, 2008 the Amendment No. 1 dated April 29, 2009, the Amendment No. 2 and the Amendment No. 3 dated December 9, 2009 to the Sub-Recipient Agreement dated September 22, 2009, shall be amended as follows: II. Programs. A. Homebuyer Program: 1. Duties and Responsibilities. a. City of Delray Beach, Neighborhood Services ^IVISIOn 1) To administer Sub-Recipient Housing Partnership Strategy as set forth in the 2007- 201 OLocal Housing Assistance Plan; 2) To ensure compliance with all applicable governing regulations, statutes, local and state laws, and program specific requirements; 3} To coordinate all monitoring and annual reporting of program requirements related to the City administered funds under the Program; 4} To maintain the availability of funds to be used as subsidies from the City's annual SHIP allocation; the City will maintain its authority to approveldeny all applicant files (on an individual basis} requesting subsidy assistance from the City; 5) To refer program applicants and interested persons to Community Land Trust, inc.; 6) To provide incremental payments in the form of subsidy awards to the Sub-Recipien# based on eligible homebuyers under the Program not to exceed Seventy~Five Thousand Dollars ($75,000.00} per home purchase; 7) To monitor at random that the Community Land Trust residents who have benefited from the subsidy are not violating any of the "qualifying event(s)" as outlined in the 2007- 2010 Local Housing Assistance Plan. Qualifying events} are considered #o be: i) The unit is sold and is no longer a part of the Community Land Trust; ii) The homeowner fails to continuously occupy the home as a primary resident; 2 iii) The unit is rented; iv) The unit is refinanced without prior authorization of the City; b. Community Land Trust, Inc., Sub-Recipient Partner The Community Land Trust is a private nonprofit corporation created to secure affordable access to land and housing and to hold said land for the benefit of the community thereby ensuring perpetual affordability of units. The Sub-Recipient's role as a Partner shall be: 1) To implement the income-eligibility process as outlined in the "State Housing Initiatives Partnership, SHIP Program Manual" and to submit SHIP income eligible files as determined by the SHIP Income Limits Chart listed in Exhibit "A" to the Neighborhood Services Division at least five (5) days- prior to closing date with all required documentation listed in Exhibit "B" -Documentation Checklist. c. To ensure that all applicants meet the following criteria in addition to the Income-Eligibility guidelines: 1 } Recipient must be first-time homebuyer(s), which is defiined as one of the following: a. someone who has not awned a home during the past three (3) years; b. a single parent who has been divorced and displaced within the twelve (12} month period prior to time of application, and whose house hold includes children under the age of eighteen (18); c. a displaced victim of domestic abuse; d. a person displaced as a result of a government action (other than eviction from public housing; and those who have special needs according to Chapter 67-37.4Q2(13}; 3 iii) The unit is rented; iv) The unit is refinanced without prior authorization of the City; b. Community Land Trust, Inc., Sub-Recipient Partner The Community Land Trust is a private nonprofit corporation created to secure affordable access to land and housing and to hold said land for the benefit of the community thereby ensuring perpetual affordability of units. The Sub-Recipient's role as a Partner shall be: 1) To implement the income-eligibility process as outlined in the "State Housing Initiatives Partnership, SHIP Program Manual" and to submit SHIP income eligible files as determined by the SHIP Income Limits Chart listed in Exhibit "A" to the Neighborhood Services Division at feast five (5) days prior to closing date with all required documentation listed in Exhibit "B" -Documentation Checklist. c. To ensure that all applicants meet the following criteria in addition to the Income-Eligibility guidelines: 1) Recipient must be first-time homebuyer(s), which is defined as one of the following; a. someone who has not owned a home during the past three (3) years; b. a single parent who has been divorced and displaced within the twelve (12) month period prior to time of application, and whose house hold includes children under the age of eighteen (18); c. a displaced victim of domestic abuse; d. a person displaced as a result of a government action (other than eviction from public housing; and those who have special needs according to Chapter 67-37.002(`13); 4 2) Recipient must have a bank account; 3} Recipient must have an accepted contract for a home and have applied for a first mortgage with a lender that meets the lender guidelines attached as Exhibit °C"; 4) Recipient must have attended and completed an approved home buyer education course (i.e. at least four hours in length and conducted in a classroom setting) approved by the Neighborhood Services Division. d. Funds available for FY ending September 30, 2009 will be $529,568 total ($170,842 FY05-07, $358,720 FY07-08}. Sub-Recipient shall meet the housing goals as follows: 1) FY06-07 Funds a. Sub-Recipient will be required to expend at least One Hundred Forty-five Thousand Dollars ($145,000.00) of funds on Very-Low Income Applicants. 2) FY07-08 Funds a. Sub-Recipient will be required to expend at least One Hundred Eighty Four Thousand Dollars ($184,000.00) of funds on Very-Low Income Applicants. b. Sub-Recipient will be required to expend at least One Hundred Forty Thousand Dollars ($140,000.00) of funds on Low-Income Applicants. e. Funds available fior FY ending September 30, 2010 will be $~368;-0A9 450 000. Sub-Recipient shall meet the housing goals as follows: 1) FY08-09 Funds a. Sub-Recipient will be required to expend at least One Hundred Forty-five 5 Thousand Dollars ($145,000.00) of funds on Very-Low Income Applicants. b. Sub-Recipient will be required to expend at least ~Or^~~~-~-~;~°~~ One Hundred Ei ht Seven Thousand Dollars {$187,000) of funds on Low- Income Applicants. 2) Deadlines to meet housing goals (as stated below) are as follows: i. FY 06-07 February 1, 2009 ii. FY 07-08 Tuhn ions '1 7~0 April 30, 2010 iii. FY 0$-09 r~-i"-,hr' ` ~~vrr' May 31, 2011 3} The Sub-Recipient shall charge a development fee of no more than six percent (6%} of the CLT Board approved constriction casts per unit. f} Sub-Recipient shall notify the City if they learn that a resident who has benefited from the subsidy is violating any of the °qualifying event{s)" as outlined in the 2007-2010 Local Housing Assistance Plan ("CHAP"}. All other terms and conditions of the Sub-Recipient Agreement of August 5, 2008, the Amendment No. 1 dated April 29, 2009, the Amendment No. 2 dated September 22, 2009, and Amendment No. 3 to the Sub-Recipient Agreement dated December 9, 2009 shall remain in full force and effect and are incorporated herein. ATTEST: City Clerk Approved as to Form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Nekson s. McDuffie, Mayor (SEAL} 6 AT EST: .,. ~.~ Print Name: - ~~ 9i DELRAY BEACH COMMUNITY LAND ~~'. TRUST, INC. Print N ~~ ;~ ~~;~~~_~~'~dc~~'~~~ Title: STATE OF FLORIDA COUNTY OF PALM BEACH -~ The foregoing instrument was acltnowledged before me this :.~~~`~`~ day of ~... ~~~,~.~~..~ , 2011 by ~~ ~-~' C'°U>:~-~~ /lc:~ _ as ~ ~ i~~~rt"~ . _ Of ~ ~ ~- ~ I ~~Y~ wi ~~.ata"~ ~~~ ~-ri €/cua~4~~~r ~;=1~t~ ~~u's~~COr130ratEOn, on behalf of the corporation. He/She is personally known to me or has produced as identification. , N Lary P lic -State of Florida ,. -~. . ~o{~R'~ ~'u~A No4ary Public State of Florida Evelyn 5 [3obso~ ,~ e Niy C:Ofrlnli5310n DDS78725 "°~, o~ fvo~ F_xpires 0512F1l201 t 7 MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Acting Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: January 26, 2011 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 ELITE PROTECTION SERVICES AGREEMENT ITEM BEFORE COMMISSION That Delray Beach Fire-Rescue Department and ELITE Protection Services renew their agreement to allow Elite Protection Service to provide Advanced Life Support (ALS) Services on a First Responder basis for Del-Aire Country Club. BACKGROUND Del-Aire Country Club sought to hire an organization for first responder responsibilities for residents and visitors. The Delray Beach Fire-Rescue Department and ELITE Protection Services agreed to allow ELITE Protection personnel to respond to and initiate pre-hospital care related to emergency medical service requests located within the Del-Aire Country Club community. The agreement established dispatch protocols and roles and responsibilities of first responders from ELITE. The original agreement expires March 2, 2011 with both parties seeking to renew the contract. RECOMMENDATION Staff recommends renewal of the agreement between Delray Beach Fire-Rescue and ELITE Protection Services to provide Advanced Life Support (ALS) Services on a First Responder basis for Del-Aire Country Club. STANDARD FORM OF AGREEMENT BETWEEN THE CITY OF DELRAY BEACH FIRE-RESCUE DEPARTMENT AND SECURITY SERVICES OF AMERICA LLC, ELITE PROTECTION SERVICES TH1S AGREEMENT is entered into this 3 day of March 201 ~, between the CITY OF DELRAY BEACH, FLORIDA, on behalf of the FIRE-RESCUE DEPARTMENT (hereinafter referred to as "Eire-Rescue") and ELITE PROTECTION SERVICES (hereinafter referred to as "Elite"). WHEREAS, the City of Delray Beach on behalf of Fire-Rescue, desires to enter into this Agreement with. Elite for the purpose of establishing dispatch protocols, the roles and responsibilities of Erst responder personnel at an emergency scene, and the documentation required far patient care rendered pursuant to Chapter 64.F-2 of the Florida Administrative Code. NOW, THEREFORE, the parties agree as follows: Recitations. The above recitations are incorporated as iffully set forth herein. 2. Dispatch Protocols. a) Dispatch. The City of Delray Beach 911 Emergency Dispatch Center shall be the primary public safety answering point for alI requests for emergency medical assistance within Delaire Country Club and will be responsible for the dispatch of Fire-Rescue units. Elite agrees to advertise the use of 911 for the reporting of Ere and medical emergencies and to discourage its residents from notifying Elite before using the 911 system. Elite will advertise no other number to the residents of Delaire Country Club for the purpose of reporting fire and medical emergencies. Elite will immediately retransmit all requests for fire and emergency medical assistance to the City's communications center. b) Cornrnunications While En Route. Radio eomtnunications between Fire-Rescue and Elite while en route wi[1 be accomplished using the assigned MED/COM frequency. Such cornznunications shall be utilized when the patient or the scene is unstable, when necessary to affect the safety of responding personnel and, when necessary to transmit vital infa~matian to the responding Fire-Rescue unit. In addition, Elite shall notify the responding Fire-Rescue unit upon completion of the primary survey of the patient, when situation permits. 3. First Responder Roles and Responsibilities. a} 1"ntent. The intent of this section is to identify Elite's responsibility to both the patient and to Delray Beach Fire-Rescue. It is also to clearly establish Fire- Rescue as the final authority over patient care and transport, as provided by current CertiEcate of Public Convenience and Necessity issued by Palm Beach County. b} Responsibility Upon Arriving. Upon arriving at an emergency scene, Elite will assess far scene safety and determine whether it is feasible to enter. If the scene is not safe, Elite will retreat to safety. Elite will notify all other responding units of the situation and request law enforcement to respond. Elite will stay until the arrival of Fire-Rescue, at which time; fire-Rescue will assume responsibility for the call. c) Patient Assessment. Upon patient contact, Elite shall begin patient assessment and initiate care of any sick or injured person. d} Care Protocols. All care provided by Elite shat! be in accordance with the Palm Beach County Uniform Advanced Life Support Protocols, as adopted 6y the Palm Beach County EMS Medical Directors Association. Elite shall also provide to Fire-Rescue a copy of their infectious diseases policy and procedures. e} First Responder Duties. Elite will function only as an ALS First Responder by using certified Paramedics carrying a full set of Advanced Life Support medications and equipment as required by Chapter 401, Florida Statutes and Chapter S~IJ-2, hlorida Administrative Code for an Advanced Life Support, Nan- Transport vehicle. Such care shall only be provided prior to the arrival of Fire- Rescue units and only within the private property of Delaire Country Club. f} Transport Decisions. Decisions concerning the transport of emergency medical patients shall remain the solo authority and responsibility of Fire-Rescue. Fire- Rescue shall be the exclusive provider of Advanced Life Support transport. ~!. ALS First Responder Qualifications. Elite`s Paramedics shall be certified by the State of .Florida and will meet all qualifications and educational requirements as set forth in Chapter 401, Florida Statutes, and Chapter 5~J'-2 hlorida Administrative Code. S. Documentation of Patient Care Rendered by First Responder. a} Documentation Requirements. Elite shall provide documentation required for patient care pursuant to Charter 54.1-2 of the Florida Administrative Code. In addition, but not as a limitation, Elite will provide to Fire-Rescue written documentation of vitals (with time taken}, chief complaint, age and sex of patient, assessment findings, interventions, by whom performed and time performed. Such information shall be provided to the responding Fire-Rescue unit verbally upon arrival of that unit and prior to Fire-Rescue's departure from the scene, in a preliminary, written report to include at a minimum, vital signs, chief complaints and all interventions. b} Quarterly Reports. Elite will provide to fire-Rescue on a quarterly basis copies of all medical run reports to which Elite responded to nn Delaire Country Club's property. Such report shall include all patient assessments, treatments/interventions, responses to treatmentslinterventions, response, assessment and treatment times. The paramedic rendering treatment must sign the medical report. hire-Rescue shall use these reports for Quality Assurance, purposes, and as such, they shall be deemed confidential. All such reports will be forwarded to Fire-Rescue Headquarters, in care of the Rescue Division. 6. Notification of Exposure to Infectious Disease. if a potential or actual exposure to infectious disease occurs during a call within Delairo Gauntry Club, Fire- Rescue shall ratify Elite as soon as Fire-Rescue has confirmed same with the receiving hospital. Should Elite became aware of a potential or actual exposure that involves response personnel, Elite shall notify Fire-Rescue as soon as passible. Each agency shall be responsible for providing appropriate care to its own personnel in the event of such an exposure. 7. Period of Agreement. This Agreement shall begin MARCH 3 , 2011, and shall end MARCH 2 , 2014, unless terminated earlier as herein provided. This Agreement may be renewed for a period of one additional year, upon the express written consent of the City. &. Termination. This Agreement may be terminated without cause by either party, upon receipt of written notice to the other party. In addition, this Agreement may be terminated by the City far cause, which shall include, but not be limited to lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; conduct injurious to proper patient care and safety or any other reasonable cause. Termination far cause shall be effective upon mailing or hand-delivery of a Notice of Cancellation. 9. Indemniftcation_ Elite shall indemnify and. hall harmless the City of Delray Beach and its officers, agents and employees fnr any cause of action or claim of whatever kind or nature including, but not limited to, negligence, gross negligence, intentional torts arising out of the performance of this Agreement, including every act or omission in the performance of this Agreement. This indemz~ifieatian and hold harmless agreement shall not include any negligent acts of the City. The City door not waive its immunity under Florida Statue '1b8.28. 10. Insurance. Elite shall obtain Comprehensive Liability Insurance in the amount of $1,000,000.00 per occurrence from a company rated A~- or better by the BEST Guide. Elite shall name the City as an additional insured. The insurance certificate shall state that the City shall have thirty (30} day`s prior notice of cancellation. This insurance shall remain in full force and effect during the term of this Agreement. 1 1. Notice and Contact. All notices shall be in writing and sent to the address listed below. a) Name, address, telephone number and fax number of the contact person for the City is as follows: Acting Fire-Rescue Chief Danielle Connor Delray Beach Fire-Rescue Department 501 West Atlantic Avenue Delray Beach, FI, 33444 Phone: {561) 243-7410 Fax: {561) 243-`7461 b} Name, address, telephone number and fax number of the contact person for Elite Protection Services is as follows: Raymond Pradines, Director of EMS 5840 Corporate Way, # 102 West Palm Beach, FL 3341 S Phone: {561) 4'18-9983 Fax: {561} 478-9910 12. Venue. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Palm Beach County. If any prevision hereof is in conflict with any applicable statute or rule, nr is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such eonflic#, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. 13. Waivar. No waiver by the City of any right or remedy granted hereunder or failure to insist on strict performance by Elite shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the City for any further or subsequent default by Elite. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. 14. Counterparts. The Agreement may be executed in any number of counterparts, any one of which may be talren as an original. I5. Legal Authority. Each party represents that the person signing this Agreement has the legal authority to bind the parties to this Agreement. 16. Modification; Entiz°e Understanding. This Agreement may be amended, in writing, by mutual agreement of the parties. All prior understanding and agreements between the parties with respect to such matters are merged into this Agreement which alone, fully and completely express their understanding- 17. No Assignment. This Agreement shall not be assigned. 18. City Signature Required. This Agreement shall not be valid, unless signed by the City Manager or tl~e Mayor. l9. filing of Agreement Required. This Agreement shall not be valid unless Bled with the Bureau of Emergency Services, Department of Health, 4052 Bald Cypress Way, Tallahassee, FL 32399-1738, in accordance with the Florida Adnninistrative Code, pursuant to Florida Statute Section 401.435. IN WITNESS WHEREOF, the parties have caused this Agreement and one counterpart, both of which shall constitute originals, to be executed by its proper officers hereto duly authorized on the year and date first above written. ATTEST: FLORIDA By: Chevelle Nubin City Clerk Approved By: R. Brian Shutt City Attorney CITY OE DELRAY BEACH, By: Nelson S. McDuffie Mayor By: ` .. Danzeile Connor, Acting ~ ire-Reseue Ghief Delray Beach Fire- Reseue By: ~ (~ !~ GIN Craig Kusl~nir, D.O., Medical Director Delray Beach Fire-Rescue SECURITY SERVICES OF AMERICA, L.L.C. ELITE PROTECTION SERVICES By: {Name Printed or Typed) Title STATE OF FLORIDA COUNTY OF The foregoing instruanent was acknowledged before me this day of , 2Q11, by {name of officer ar agent, tide of officer or agent) of {name of corporation acknowledging}, a {state or place of incorporation) corporation, on behalf of the corporation. HelShe is personally known to me or has produced {type of identification) as identification. Signature of Notary Public State of Florida ~~' ~ D CERTIFICATE 4F LIABILITY INSURANCE ~ DATE (MM1DDlYYYY) 1012912D1D ~ THIS CERTIFICATE iS ISSUED AS A MATTER OF INFORMATION ONLY AND CONI=ERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S~, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTEFICATE HOLDER. IMPORTANT: If the certificato holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, sub}ect to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does net confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER (415) 547-7900 l Li i CONTACT NAME: nes - Commerc a PHONE FAX A!C No Wells Fargo Insurance Services USA, Inc. - CA Lic#: OD08408 E-MAIL ADDRESS 45 Fremont Street, Suite 800 PRODUCER 88679877 70MER3 • San Francisco, CA 9x105-2259 ~ INSURER 5 AFFORDING COVERAGE NAIC # INSURE{) INSURER A : ACE AmerlCan Ir1SUranCe Company 22$$7 Elite Security, Inc. ACE Pro ert & Casual Ins. Co. INSURER e : p Y tY 20699 5840 Corporate Way, Ste 102 INSUReR c : Indemnity Insurance Company Of North America 43575 INSURER D : Hart#ord l=ire Insurance Co. 19682 INSURER E : Landmark American Insurance Company 35637 West Palm Beach, FL 33407 ENSURER F COVERAGI=S CERTIFICATI=NUMBER: X977314 RI=VISION NUMBER: See below THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANb1NG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTII"ICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AF1=0RDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO RLL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY I'Alb CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUHR pOL1CY NUMBER MM1DDYlYYYY MM1PDlYYYY LIMITS A GENERAL LIABILITY XSLG23742792 1 V0112014 11/01/2011 EACH OCCURRENCE $ 2,009,400 DAMAGE TD RENTED 2 000 000 X GOMMERGIgL GENERAL L1RBILITY PREMISES Ea occurrence , , $ CLAIMS-MADE ~ OCCUR MED EXP (Any one person} $ Excluded X $1,000,000 SIR PERSONAL & ADV INJURY $ 2,000,000 X XCU GENERAL AGGREGATE $ 2,000,fl00 GEN`L AGGREGATE LIMIT APPLIES PER: pRObUCTS - COMPIOP AGG $ 2,060,000 X POLICY PRO- LOG $ 4 AUT OMOBILE LIABILITY ISAH08245320 11101/247 0 711D1l2011 COMBINED SINGLE LIMIT $ 3 000 000 , (Ea accidenl) , , X ANY AUTO BODILY INJURY (Per person) $ X ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (Peraccideni} X NON-OWNED AUTOS . B X UMBRELLA LIAR X OCCUR XOOG25828070 11101120'10 11lD112411 EACH OCCURRENCE $ 25,000,040 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 25,000,000 DEDUCTIBLE $ X RP7ENTION $ 25.OD0 $ WORKERS COMPENSATION 1 2011 X WC STATU- DTH- C AND EMPLOYERS' LIABILITY y 1 N WLRC4fi457560 11!0112010 1110 ! ANY PROPRIETORlPARTNERJEXECUTIVE E.L, E~4CH ACCIDENT $ 2,000,000 OFFICER/MEMBEREXCLUDFD7 ~ N!A $1,DDO,DDOIncident (Mandatory in NH1 E.L. DISEASE- 64 EMPLOYEE $ 2,000,000 If yes, descdbe under Deductible Limit DISEASE -POLICY LIMIT E L 2,000,000 $ DESCRIPTION OF OPi=RATIONS below . . A Excess Auto XSRHD83D175A403 1110112010 11!0112041 $2,000,000 Limn Each Accident DESCRIPTION OF OPERATIONS ! LOCATIONS! VEHECLES (Attach ACORD t01, Additional Remarks Schedule, iF more space is required) Branch 4060 Re: Delaire Country Club, Palm Beach, FL City of Delray Beach is included as additianal insured as respects tG general liability as required by contract. GERTIhII:AI t r1ULLltlt ••••r~•,=r-+-"" ""` City of Delray Beach, Fire Rescue 5D1 Wost Atlantic Avenue Delray Beach, FL 33444 SHOULD ANY OF 7'HE ABOVE pESCRI{3Eb POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED EN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATEVE ~~ _ _ ,l^~ ACORD 25 (20139!09) V 7y88-LWy Hi..ilICIJ \.VrcrvRrir rvi~. rir~ ~iyirw rcacr vcc.- Tho ACORD name and logo are registered marks of ACORD CID: AB679877 51Q:1977314 Certificate of [nsurance ~Con't) OTHER Coverage INSR TYPE OF INSURANCE ADDL WVD POLICY NUMBER EFFECTNE DATE FJCPIRATION DATE LIMIT LTR INSR SUER {MMIDDIYY} {MMIDDIYY} D Employee pishonestylFidelity DDFAD2463281 D 1110112D10 11!0112011 51,500,000 Each occurrence $250,004 Daduclihla E Medical Professional Liability LHM893519 D311312D'!0 111D112D11 $x,444,044 Each claim $4,004,004 Aggregate $25,000 6educlible A Garage Keepers Legal Liability ISA H0824532D 1 110 1120 1D 111D112011 $3,444,044 Limit $1,440,440 fed Camp 8 Collision MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 26, 2011 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 RESOLUTION N0.07-11 ITEM BEFORE COMMISSION This is a resolution assessing cost for abatement action required to remove nuisances on three (3) properties throughout the City. BACKGROUND The resolution sets forth the actual cost incurred and provides the mechanisim to attach liens against the properties in the even the assessments remain unpaid. RECOMMENDATION Recommend approval of Resolution No. 07-ll. RESOLUTION NO. 07-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY PEACH, ASSESSING COSTS FOR APATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY PEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED PY THE CITY TO ACCOMPLISH SUCH APATEMENT AND LEVYING THE COST OF SUCH APATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO PE ALIEN UPON THE SUPJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, descnbed in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of the City of Delray Peach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and 100.22 of the Code of Ordinances descnbing the nature of the nuisance(s) and sent notice that within seven (~ days from the date of said notice (forty-two (42) aay~ in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within five (5) days from the date of delivery of said notice, failing which the City of Delray Peach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; anc~ WHEREAS, the properly owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescnbed in said notice and Chapter 100 of the Code of Ordinances, or if the properly owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); anc~ WHEREAS, the City of Delray Peach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as descnbed in the notice; and, WHEREAS, the City Manager of the City of Delray Peach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Peach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Peach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, PE IT RESOLVED PY THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Peach, involving the Cites cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied agair~5t the parcel(s) of land described in said report and in the amount(s) indicated thereon Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law: Section 2. That such assessments shall be legal, valid and binding obligations upon the properly against which said assessments are levied Section 3. That the City Qerk of the City of Delray Peach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Peach at the February, 2011 meeting has levied an assessment against said properly for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said properly, and interest will accrue at the rate of 8% per annum, plus reasonable attome~s fees and other costs of collecting said sums. A Notice of Lien shall be mailed along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said Res. No. 07-ll properly(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attome~s fee. Section 5. That in the event that payment has not been received by the City Qerk within thirty (30) days after the mailing date of the notice of assessrrtent, the City Qerk is hereby directed to record a certified copy of this resolution in the public records of Palm Peach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject properly which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attome~s fee. PASSED AND ADOPTED in regular session on this 1St day of February, 2011. MAYOR ATTEST: City Clerk This instrument was prepared by: Brian Shutt, City Attorney 200 N.W. 152 Avenue Delray Beach, Florida 33444 Res. No. 07-ll COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 921 BANYAN DRIVE TROPIC ISLE 2ND SECTION LOT 171 PCN 12 43 46 28 02 000 1710 CASE NBR 10 00007455 Paul D. Lapidus 1520 Lands End Road Lake Worth, Florida 33462 71.50 nv. No. 36278 $ 55.00 Admin Fee $ 126.50 6 SW 4TH AVENUE TOWN OF DELRAY LOTS 4 & 24 BLOCK 32 PCN 12 43 46 16 01 032 0040 CASE NBR 10 00007417 Felix Bethel Sarah Bethel Eugene Bethel Valencia S. Spells Agatha E. Stubbs Christopher E. Stubbs Glenroy Stubbs Harry E. Stubbs Rochelle D. Williams Beverly S. Wilson P.O. Box 361 Carteret, NJ 070008 09.75 v. No. 36277 $ 55.00 Admin Fee $ 164.75 213 SW 6TH AVENUE TOWN OF DELRAY LOT 16 BLOCK 23 12 43 46 16 01 023 0160 CASE NO. 10 00004715 CASE NO. 10 00007419 ichael Steinbach 3000 Whitney Avenue #118 Hamden, CT 06518-2353 79.00 nv. No. 36270 $ 55.00 Admin Fee $ 119.75 $ 55.00 Admin Fee $ 308.75 VIOLATION IS SECTION 100 01 LAND TO BE KEPT FREE OF DEBRIS - : . , VEGETATION, AND MATTER CONSTITUTIONS HAZARDS; DECLARED NUISANCE RES NO. 07-11.x1s MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 24, 2011 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 FY 2011 PROPOSED PERFORMANCE MEASURES /GOLF COURSES AND TENNIS FACILITIES ITEM BEFORE COMMISSION City Commission is requested to review and approve performance measures proposed for FYll for the Municipal Golf Course, Lakeview Golf Course and the Tennis Facilities. BACKGROUND Attached are proposed performance measures for FYll for the Municipal Golf Course, Lakeview Golf Course and the Tennis Facilities. The attachment includes both the proposed measures and point assignments for FYll as compared to actual for FY10. We have again included a bonus point provision for tasks completed that exceed contract expectations, such as clean up after a hurricane. As indicated in the past, our bond counsel has advised that if we used net profit as a measure, we could lose the tax free status of the bonds. Per our agreement dated August 15, 2008, paragraph 9, JCD Sports Group is eligible for up to a 15% bonus of the base payment per year based on approved performance measures. RECOMMENDATION Staff recommends approval of proposed performance measures for FYll for the Municipal Golf Course, Lakeview Golf Course and the Tennis Facilities. 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Q U U N O Q O N O U ~ 67 N N Q ~ ~ ~ O in ~ ~ O o (6 ~ ~ ~°°. `~ ~~ > o ~° U O o tq o ~' M .~ O ~ .~ O .~ ~ ~ ~ m O (p N N ~ V O ` O ' ~ Q ~ w O 0 0 ~ O V O ~ O °~ U al ' E LL EA ~ ~ o L ~~ cno cno cn x ~ U N O> ~ O~ ~ U O~ 0 0 al O 0 0 al O 0~ al i ~ ~ U O ~ N ~ ~ N 7 ~ ~ N~ ~ N~ ~ N 0 ° ~ .O `6 ~ a i a ~ p i a ~ X i ~ a ~ O i x a ~ O ~ i a o_ ~ W U o' Q ~n Q E Q ~ Q Q~ ~ 0 M 0 0 in o o in N O' ~ ~ ~ O N ~ U a N X > O Q O O ~ ~ O ~ O ~ ~ ~ ~ X E O O O C O ~ O O ~ ~ O O ~ O O N O ~ 00 p ~ Q ~ ~ O V O ~ ~ N v ~{} . ~~ O o O ~ O O U U ' ~ O 0 a O ~ O O O U ~ 0 ~ M ~ O N T O7 7 O V N ~ ~ N N ~~ p ~, EA U ~ i (6 7 U O 0 ~ O `~ O N O U C tq tq ~ Q U U N C ~ N ~ ~ N N ~- O O ~ ~ ~ ~ ~ N . ~? `6 ~ o a~ o ~ a o ~ ~g o ~ ~ ~ Q O O N ~ w O a O ~ ~ ~ ~ p ~ ~ 7 LL a~ ~ ° co ~ > ~°o ~ ~ °' U W Q' O O O O O ~ O M (6 00 O al V al al .~-. ~ U p N O N N~ N O N O .O -p N N N O N~ M O N O ~ O .~ L .O L O L X L L17 ~ N 'O U `6 Q ~ Q v Q E Q~ Q~ ~ v O O U C O O d ~ O T ~ U ~ N Q O ~ C O O O c ^ ~U a~ ~ a N ~ O U U N U O O io E .O N O ^ d O ~. ~ ~ c ~ 0 0 m 0 0 N ~ C p ~p O d ~ ~6 U ~ ~ X 7 N O U N O O C ~ O N U ~ .~-. X O ~ C O O ~ ^ C ~ ~~ O N ~ N ao ~~ o~ ~o U ~~ ~i ~ C U O O d O ~ o C `~ m° Q N U C O d N U O d O O H N N C O d N N N O d O H Q m O ci O N n N ci MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 28, 2011 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 SERVICE AUTHORIZATION NO. 17/SPATIAL FOCUS, INC. ITEM BEFORE COMMISSION The item before Commission is consideration of Service Authorization No. 17 with Spatial Focus for technical assistance related to the SunGard Public Safety software project. BACKGROUND The City entered into a previous service authorization with Spatial Focus for Phase I of a project to provide technical assistance with address and street information needed for the SunGard Public Safety Software project. The Phase I Service Authorization was under $15,000 and was approved by the City Manager. The attached Phase II service authorization will complete the minimum address and street information needed to go live with the SunGard Police/Fire dispatch system. More detailed addressing work is planned for a later Phase III. The cost of the Phase II service authorization is $9,950, and requires Commission level approval since the combined cost of Phase I and II exceeds $15,000. FUNDING SOURCE Funding is available in 334-2111-521-31.90 after budget transfer. RECOMMENDATION Staff recommends approval of Service Authorization 17 with Spatial Focus in the amount of $9,950. Consulting Services Authorization DATE: January 28, 2011 SERVICE AUTHORIZATION NO.: 17 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE PROJECT NO. 11-085 TITLE: CAD DATA Prep Phase 2 This Service Authorization shall be incorporated in and shall become an integral part of the contract dated 16 March 2001. I. PROJECT DESCRIPTION: The City of Delray Beach, Division of Environmental Services, has requested a proposal for technical assistance in the second phase of providing data preparation of address data for the CAD project. II. SCOPE OF SERVICES: 1. Assist the City in resolving anomalies 1.1 Support resolution process: answer questions, participate in phone calls, etc. 1.2 Document resolution requirements 1.3 Provide standard spreadsheets, open source GIS software, etc. as appropriate Deliverable: Technical Memo: Resolution Requirements Standard spreadsheets, open source GIS software, as appropriate 2. Reference ESD centerlines to other data and document sources for ranges (Delray Beach) • PD centerline • PD geofile • PBC situs points as confirmed with HTE data and fishboning Page 1 of 5 • Points derived from parcels using HTE data as available Deliverable: Address Ranges for Delray Beach centerlines, with metadata in shapefile format. 3. Reference County centerlines to County situs points and document ranges ( Highland Beach and Gulf Stream) Deliverable: Address ranges and situs address points for Highland Beach and Gulf Stream in shapefile format. 4. Return centerline anomalies to the city for resolution as appropriate Deliverable: List of centerline and range anomalies 5. Propose ranges to I-95 in the City, and seek approval • Use mileposts as established by FDOT • Have downloaded measured shapefile • Trying to get milepost points Deliverable: Proposed ranges for I-95, based on FDOT mileposts 6. Quality control centerline results using FGDC Address Standard Measures Address Number Range Completeness Measure Address Number Range Parity Consistency Measure Overlapping Ranges Measure Range Domain Measure, where possible Deliverable: None (see Task 7) 7. Create quality control reports Deliverable: Quality control reports for centerlines 8. Deliver completed centerline Deliverable: Completed and corrected centerline files in shapefile format 9. Work with OSSI to make sure the centerline functions as needed for the City's dispatch needs. Deliverable: Statement of adjustments required and resolution recommended. 10. Travel (Optional): One trip for Project Manager to meet with City Staff and OSSI staff to resolve issues. Page 2 of 5 Phase 2 Tasks 1. Assist the City in resolving anomalies 1.1 Support resolution process: answer Sara Yurman - 5 $625.00 questions, participate in phone calls, etc. hours 1.2 Document resolution requirements Sara Yurman - 3 $375.00 hours 1.3 Provide standard spreadsheets, open Sara Yurman - 4 $500.00 source GIS software, etc. as appropriate hours 2. Reference ESD centerlines to other data Sara Yurman - 4 $2,040.00 and document sources for ranges (Delray hours, Staff- 22 Beach) hours PD centerline PD geofile PBC situs points as confirmed with HTE data and fishboning Points derived from parcels using HTE data as available 3. Reference County centerlines to County Sara Yurman - 2 $670.00 situs points and document ranges (Highland hours, Staff - 6 Beach and Gulf Stream) hours 4. Return centerline anomalies to the city for Staff 3 hours $210.00 resolution as appropriate 5. Propose ranges to I-95 in the City, and Sara Yurman - 6 $750.00 seek approval hours Use mileposts as established by FDOT Have downloaded measured shapefile Trying to get milepost points 6. Quality control centerline results using Sara Yurman - 6 $1590.00 FGDC Address Standard Measures hours, Staff - 12 Address Number Range Completeness hours Measure Address Number Range Parity Consistencx_ Measure Overlapping Ranges Measure Range Domain Measure, where possible 7. Create quality control reports Staff - 3 hours $210.00 Page3of5 8. Deliver completed centerline Staff - 2hours $140.00 9. Work with OSSI to make sure the Sara Yurman -12 centerline functions as needed for the City's hours, Staff -12 dispatch needs. hours ravel (optional) 1 trip to Delray Beach IV. Schedule $2340 $500.00 $9,450 (without travel) $9,950 (with travel) The consulting tasks will be completed not later than 30 days from authorization to proceed, provided that delays in completion of work to be done by City staff shall not be counted towards the requirement for completion. The schedule is provided below. ^~BE Dame Start Finish 1 v ,~~ssist the city in resr~l~ring anomalies Feb ~ Fek~ 7 1,1 5uppork resolution process; answer questions, parkicipate in phone ells, etc, Feb 2 Feb 3 1,2 C~ocument resolution requirements Feb ~ Feb 7 1,3 Provide standard spreadsheets, open source GI5 sofkware, etc, as appropriate Feb ~ Feb 2 1 F~eferern:e E"~C~ centerlines to other data and document sources for ranges CL~elray Eeach~ Feb 8 Feb 14 J 4 Return centerline anomalies to the cityfar r~=_olution as appropriate Feb 15 Feb 1Ca it 5 Propose ranges to I-9~ in the City, and seek approval Feb 8 Feb 9 ~?uality control centerline results using F~C~C Address tandard Measures Feb 1~ Feb 17 ~ Create quality eentrol repots Feb 18 Feb 18 8 deliver Completed Centerline Feb 21 Feb 28 9 "~or~ v~rith d~51 to make sure the centerline functions as needed for the Clty's dispatch needs Feb ~4 Mar The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Page4of5 Approved by: CITY OF DELRAY BEACH CONSULTANT: Spatial Focus, Inc. Date Date Seal Nelson S. McDuffie, Mayor Attest Approved as to Legal Sufficiency and Form By: Martha Wells, Treasurer Attest: BEFORE ME, the foregoing instrument, this 28th day of January 2011, and was acknowledged by Martha Wells on behalf of the Corporation Spatial Focus, Inc., and said person executed the same freely and voluntarily for the purpose therein expressed. Witness my hand and seal in the County and State aforesaid this 28th day of January. 2011 Notary Public State of Maryland My Commission Expires: Page5of5 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 24, 2011 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 SPECIAL EVENT REQUEST/ 14TH ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 14th Annual Downtown Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. proposed to be held on May 28-29 2011 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6.(F) for the closure and use of NW 3rd Avenue from Atlantic Avenue north to the south side of the entrance to Atlantic Grove townhomes and use of the Tennis Center Parking lot, to provide staff support for traffic control and security, barricading and for fire inspection services. BACKGROUND Attached are the event permit application, site plan, budget and economic impact calculator. Staff will modify the site plan to end the 3rd Avenue closure on the south side of the entrance drive into the Atlantic Grove town homes. The event sponsor will be responsible for event management, clean up, night time security, dumpsters, and for providing barricades. City staff will install the barricades if needed. Total estimated City costs for this event are $2,560. Per event policies and procedures the event sponsor is responsible for the payment of all City costs. The Court House Garage, as well as City Hall Parking lots will be used for event parking. The North lot at City Hall will be used for vendor parking. RECOMMENDATION Staff recommends endorsement of the event, granting of the temporary use permit for the street closure on NW 3rd Avenue as modified by staff and use of the Tennis Center Parking lot, providing staff assistance for security and traffic control, barricading, fire inspection services, and allowing the event signs to be installed fourteen (14) days prior to the event with all overtime costs to be paid by sponsor. Approval is conditional on the receipt of a Certificate of Liability Insurance. City of Delray Beach Special Event Permit Application REVISED 11.2.10 PLEASE TYPE OR PRINT ~~! BEACH ~~~ ~~ ~;~• ~~c ROMINlST~A7111~ S~ e 1993 Zao1 Event Name/Title; 14t~' Annual Downtown Delray Beach Craft Festival Event Date{s}: _May 28'" & 29'x', 2011 Times: Saturday & Sunday__ L OAM- 5PM Requesting street closure: yes~X no (If yes, need time/date for closure and reopening) Saturday 5128/11 4AM- Sunday 5/29111 1 OPM Event Sponsor/Producer: Downtown Development Authority Event ContactlCoardinator: American Craft Endeavors/Howard Alan Events Name: Howard Alan & Helayne Stillings _ _ Address: 9695 W. Broward Blvd Plantation, FL 33324 Telephone Number: 954-472-3755 Cellular Number: 813-600-7688 E-mail Address: Info rr,ArtFestival.com Event Description/Purpose: ,Outdoor Craft Festival. Annual, cultural and community at~g opportunity. Brief History of Event (lf applicable): This is the 14~~' year this festival has been serving the community. Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): Varied crafters exhibiting and sellin tg heir hand made items. Number of Individuals Served Previous Year (if applicable): 4000 Describe the targeted population and expected attendance: Expected 40001aca1 residents are targeted population. __~ Describe how the program or project addresses community needs: Providing festival with crafters ranging in mediums from jewelry to sculpture. Acts as a community, cultural and civic events, Describe your MarketinglPromotions Program (How will you inarketlpromote, i.e. TV, radio, posters, flyers, web sites, other): We will advertise in newspapers, online presence, local television stations, flyers and word of mouth. Page 1 of 5 Page 2 of 5 Spansar Category (please check) City ^ Non-ProfitlCharitable X Private ^ Co-Sponsor --Non-Proftt/Private ^ (If No-r profit attaclr proof of SOIc(3), c(4), c(6), C(I(1), or c(19) or {d) Event Location (Describe area boundaries of event/location): Delray Beach Tennis Center at NW 3rd Ave and W. Atlantic Ave. Site plan attached: yes X no (Site plan required far entire event site. Include locations of tents, stage, portalts, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no X (If yes, attach proof of approval) Rental of Old School Square Park; yes noX_ (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes no X (If yes, attach letter giving authorization from property owner) Event budget Revenue & Expenses attached: yes__X no (Required for all events) Previous year Revenue/Expense summary attached: yes X_ no (Required for all events) Arts and Economic Impact Calculator attached: yes~X no Obtained on line at www.AmericansForTheArts.org (Required for all events except minor events and SK Runs) Do you have cash sponsors for the event: yes no X_ (Indicated on budget) Do you have inkind sponsors for the event: yes X no (Indicated on budget) Serving or selling alcoholic beverages: yes no X If yes, ~vltat entity is obtaining the Alcohol License permit? (If yes, copy of liter-se rr-rd alcolrol liability brsura-tce required two (2) weeks prior to eve-rt) Event certificate of insurance attached: yes no X- Will have M_ arch 15{, 20i 1. (Required two (2) weeks prior to eve-rt warning t{re City as additional insured, also required for vendors) Playing of amplified music: (Waiver required) yes no X Nehvork Shares:DEBBIE }I F1LE~:OF~ICE:LO(,IST[C:©elray:aray5 t l:t]ray~ I l.doc Page 3 of S Will there be entertainment: yes no X (If yes, attached Iist of Performers andlor DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes _ no Requesting Police assistance: yes X no (traffic control/security) 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 no, how are you handling?} Requesting trash temoval/clean up assistance: yes na X (If no, haw are you handling?} Requesting trash boxeslcontainers and linens: yes no X Requesting stage use: yes no X (rfyes, cfreck ape) Large stage (14' x 36') ^ Small stage {16' x 21') ^ Half small stage (S' x 21'} ^ Requesting signage: yes no X Type: 4'x4'Event sign Parking Signs Banner Banging Indicate dates required (Waiver required if ~rrore tli{rn o~ae (1) week prior to event) Requesting City Portable Generator: yes (If yes, size & power} Food and beverage vendot•s: yes X If yes, approximate number 334 ap~l~n~ for permit (Health Department approval required) yes Applvin ngow Other vendors: (Indicate type} yes no X no no no X Tents: yes_ X no If yes, Ho>v many 1 QO Wlrat size or size regr~ired 10'.YIO' (If yes, tent permits anrl~re inspections may be needed) Will the event include amusement rides: yes no X (If yes, type and locration and copy of liability insrtranee reclrrired, also rerlrcires state Incense and inspection.) Network Sliares:DEBBIE H FILES:OFI'ICE:LtIGISTIC:Delray:brap5l l:Dray513.doe Page 4 of S Will the event be gated: (Slxow on site map) yes no X Will there be a charge for the event: yes no,~ X (If yes, i~rdicate ticket prices} $ Will there be fireworks or other pyrotechnics: yes no X (If yes, cojttact Fire Marsltr~l to obtain acid complete permit application} Will there be cooking with compressed gas: yes no X (If yes, cotztact Tire Marshal for inspections) Will you be providing port-a-lets for the event: yes X no (If yes, locate on-site snap. If Ito, indicate fioiU yorr will liarrrlle restroofrt creeds) Is reserved parking requested: yes (If yes, indicate locations acrd purpose for rise) no X Event Permit Attachments: X RevenuelExpense Budget X RevenuelExpense Recap Last Years Eve>trt X Site Plan X Arts and Economic Impact Calendar v Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status General Liability Insurance Certificate ~ ~ t i 1 have 3~1 ~ ~ ; Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner X Hold Harmless Agreement, notarized. Submittal Date Requirements: • Minor Event 45 clays prior to event • intermediate Event 9U clays prior to event • Major Event 120 days prior to event ~,s~l~,e~hborhoo~loc-lc Party 30 days prior to event ContractorlCoordinator paint: 1~OG.,~r°~ A1gh ~~` 3 ~ ~. Date NeEw~ork shares:DEBBIE H F[LES:OFF[CE:LOGISTIC:Delray:DraySl l:Dray51 l,doc Page S of S Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1Sf Avenue, Dehay Beach, Florida 33444, Required with permit application, Foy Staff Use Ottly ,J 6 -~ Date Received /~'/ ~'~ Application fee received $ ~~ Nelworlc Shares:DEBBIE H FILES:OFFICE:LOC,ISTIC:Delray:Dray511:Dray51 l.doc American Craft Endeavors ..........................................................................................i...-.-.......-.-. ' .......................................................................................... i.....................-.-.-....-..--...-...._._......._..._._._..._..._... 14th Annual Downtown Delray Beach Craft Festival :_.........................-..-.-...-....-..._..._........................... .......-..-.-.-.-.-.-.-.-._._. May 28 & 29, 2011 I ' • --~ - PROPOSED BUDGET FOR May 2011 Income I Number of Crafters ;105 ;Crafter Revenue _$21,000 --------------------- -----~----_-.....-_~W_ Number of Food Vendors 2 _ _---------------------- 'Food Vendor Revenue _ _ $900.00 Total Revenue $21,9ao.0o ..........................................................................................d............._.......-.-....-.- = I EXPENSES i Advertisin ' Boca Raton N ews SExpense $1,100.00 _ Palm~Beach Post --- - ~ ---------~~~-.~._v-. _ _ _ IExpense ..--------- _ __ $1 750A0 South Florida Newspaper . ~ •• • !Expense.............-•-•--•~--~~--~~--~---..._......_..... .... ........ $375.00-- - ...........................-..---~•--~--~~--~~--~~--~~--~~--~~--~ ...--~~---~--~~---~ .............. -- Sun Sentinel IExpense $2 800.00 Advertising SubTotal ~ : . . ...--~~--~---~--~~---~--............ .... $ti 025.00 ........... ~.....---~--~~---~- ...........................-...---~--~~--~---~~--~~--~---............... ........................... ..--~~--~---~---~~--~------~---.......... .r........................ .... ..... i Serv ces ~Expense••..•.•••-..-•_..• ....................._._._._..... Permit ipalm Beaeh County Health........... .._.._..-_._-_.--$25A0_. Permit City Of Delray Beaeh . 'Expense $100.00 ...................... Signage .AA Sign Lines........................................ - - .............................-.---.---.--..--..--.-- AExpense---~--.......................................--- •-- ._.. ~- -- .......... --~~--~~ $750A0~. .. - - ---._...---~---~ ... .............................................. . ... .. Sanitation ;Able Sanitation iEx ense p 832.50 $ ...... --~---~---~---~~--~~--~--~~---~ ..................................... -----~--~~--~~--~-- ---............... .Waste Management Sanitation .~ ...... ...................~--~ ~--~ ~--~ ~--~---..._..._.............. lExpense .. _ _ _ ....-.-. ..654.98.. . ~ ---~--~ ................~~---~----....... -..--~--~~--~~--~----.... Sanitatian~~~~~~~~~~~~~~~~~-~~~~~~~-~- ~- - - - }Tents for Events .. .........................--~~--~---~--~--~---~--... ;Expense -------~-- ~ .... .......... ....... .. $875.00__ ~._---___._.~_..W~.------•- ------. --------------------------- ----- Barticades~ Barricades €Bob's --- --~-~ IExpense $335.00 _ _ _ __ _ __ Securit ,Fire, Public Works ECity Of Delra Beach ______ _________ _ :Expense _ _ $3,351A0 Rentals :Tents for Events ;Expense $500A0 _Expense _ Graphics for advertising ~ ~ --~--`v --- - :Expense -----~---------- $225.00 _ __ _ _ Helayne Stillings & Sta~# Payroll - - 'Expense $1 750,00 iDelray Joint Venture i?ental Property ~Expense $3,OOO.aa ....................-.--. --......... Lodgings and meals, (ravel - ....................................._.....__..__.. Expense .._. . - .. _ ... ----~----$375.00.- .---~---~--...... •-~ ................................................ : One Million Dollar liability ins poiicy .---~~--~--~---~---~---~---~---.................... . Expense .. . $1 500.00 .......... f.......---~---~-- .......... ............•........_...•_ • .- •-.- . .- ...................................................... ~ Administrative Overhead itelephane, mailings,etc ._.__._...-_ ...-...-~--~----~--~---~---~--~~--~-- IExpense . $825.00 ------------------ - ......-.....--._-..--..-.._--..-..--_._-._-_._-_.. Service SubTotal -- ~-~~~-~~~--~- ~ ~ ~ ~ $14 698.48 ..........................................................................................i.-...--........._........_.. __. __............................-..-....- . Total Expenses ~ _ .$20 723.48• ------------------------------ Show Profit $1,176.52 American Craft Endeavors S 13th Anntiai Downtown Delray Beach Craft Festival .__-.~~_._----- ----------------- ------ May 29 & 30, 209 0 ----------------;-_-__ - ~_ - -- . : PROPQSED BUDGET FOR May 2070 Income Number of Crafters '105 ;Crafter Revenue_ ___ $21,000 Number of Food Vendors 2 ;f=ood Vendor Revenue $9aa.oo _ Tote[~~Revenue ............................... i ..................~------------------.....-------------------------------....... ....................-.......-.....-----.......... ~21,9oo.oii-. ' -- --- ----------- -- i ~~ ._.. EXPENSES Advertising Boca Raton News l ~ iEx ense p $1,100.00 ---------------------------- Palm Beach Past - - -- ---------------------------._-____-~_M.__.._.._ ----------.----------------------~-._..._..~.~._ ----- _. ~.___ _ ---------------------- ;Expense ~~ _-Y------ ------ -- ----- $1,750.00 --•----....___ South Florida Newspaper ,Ex ense.. $375.00 Sun Sentinel ;Expense $2 800.00 Advertising..SubTotal .............. . -- --._ , - .......-.......~...............................................-.......... ............ ...r------------•----............................................---------- $6 025.00 -------...-...--................. - Services : ~ { ~'ermit ....................... . . jPalm Beach Coun#y Health Expense ..............................-•--•--------------- --------.....-...~25.00.- Permit ........ Of Delray Beach 'City !Expense $100A0 Signage . lAASign tines ... ;Expense $750.00 ................. Sanitation • .--- iAbie Sanitation ....----- !Expense --- $632.50 - ----------------------------------------------------- Sanitation ---------------- ............-------- -------........... Waste Management ---------- Expense ---..............54.98.. ......... ~6 -- ------- ---- -- Sanita#ion ....................... ----------------~- jTents for Events ..- ----------....................................----- . !Expense ----. ------------- $675.00 Barricades _.___'•- ---- ~~_~..._.__. __.-_-__--- TBob's Barricades - - -- ~-~ - ;Expense - --- ._...-~.~-$335_.00 Securit ,Fire, Public Works jCity Ot Delray Beach .___ __ __ _ __ ___________ . ;Expense ~~ • - $3,351.0© Ren#ais .Tents for Events il=xpense $500,00 Graphics for advertising---------__----_ _ _11=xpense ____ _____ __ EExpense ~_. _---- - ---------_-_$225.00 Payroll Heiayne S#illings & Staff expense $1,750.00 Rental Property .........................- ....................... _ -----:--•--{Delray Joint Venture ...-.....-...-........ ...:expense...---- -- -- -- -- -- -----~---......... ..........$2 000.00.. Lodgings and meals, travel ~ ;Expense $375 00 . --------------------- One Million Dollar liability ins policy ~ .......... - .Expense $1 500.00 Administrative ~O~erhead =telephone, mailings,etc ;Expense $825.00 Service SubTotal ~ $13 698.4$ Total Expenses ................................... . . ........ . ...... ~ $19 723.48 -----------------------------------------------------------------_ Show Pro#it _- ------------ --- -- - --~-~ ------ - ----- ---i------ ------------------- --____-_____ --- $2,176.52 J 2 tj2l201f1 J.6; E~~ 5b1-24 -1~~5 UELPA'r 1=~E~1GH U.Ia. {~. Pr`iC;E f 2/F~;~ v~u.,,~iitiu FlVl.utliCtlt .. Pale I cif ) Information ~~~~ 1 ~ STEP 'i; Pi3PULATI[]N ~ /'S ~i! PdPt~t.rgTIQN 4f your community: 5q,pg4 to 98, 89 9 ~ (~[ STEP ~; TOTAL EXPENS~$ (aptionak) Your Carganization's TOTAL tXi'ENS~S (p3easg do not use commas): S 217723 STpp 3; 1`OTAL ATTENOAkG6 (opti4na!) TOfiAt, ATTEiypANCE to yQUr organization's arts events (again, do not use cammas)~ ~(~~}.ny~pp ~j~j++ TM~ y ~~~4rwJ~4L~~N6`~~ 5 1~~~,~~L t N' 'Tc~t~l ~cvnpt~~ic Irrtpaci df; Total Houtsrhvtd t-QCttl Ste#e trxpetlditurAs PTE ~4bs Income G4uCrnment Qauernmenk Reven4tC Revenue Nonprofit Arts and qultura '" ~7~ 7~~ - ~ ~ ~~a-~~7 $7D7~ $t3p). OrganizAtions: NonpratitArts and Gufture $d53,0~p 12 X183,755 X17 993: $21,0$7. Audiences; , Tat&Ilndustrylmpact• - $473,723 12.$ X197,$$2 $18,7f10 ._ X21,$94 (FtM Sum of Qrgan~L9trbns end Audi0lt<pg) ~t!.;*rPC([~:iraYG~~6lf~RES~fI~S ~~, Please,9ee the frne 17rint~q@[4~v. Definitions Total ExpBndiftrrl3s: The t4tnt dollars spent by yqur €tonprofit arcs and Culture 4rg8niaation and its audlenC.eS; event-related spending by arts and udture audiences is estlmaisd using thn av©ragp dollars spent per person by arts event Attendees in similarly populated communities. Back to CalrulatQr PTE Jogs: Tire total number of #r,ll-time equivsteni {FTE) jobs in your community that are supported by the expendlEures made by your arts and cuittar° organization andlor iks audiences. An FTE eAn be one full-time employee, tyro hall-time entplDyess, four employees wltn work quarter•time, BtC. ESack to Galc~rle&~r t•tansehpld ln4ome: The total dot€ars paid t4 camtnun;ty residents as a result of thl' expenditures mAde by your arts and cuitur¢ arganizatipn Andl4t its audir:nGns Haustahpld income includes salaries, wages, and proprietary InC4me, E~~Ck tCa tt3lCiltatof G°YerNmant The total d°11ars received by your locale and state g4vemrnents (e.g.. licCttse tees. taxes) as a result of fire Revenue; expenditures made by your Arts and Culture organization andlor its audiences t3a~~t~r sz+attsn using estimates derived from this calcutntor. alv~nys beep the fallotwing caveats {n mind: (tithe results of this anatysi8 are based upon the averages of similarly poputai¢d cpmm~,niikes, f7) Inputioutput models v+are customEzsd for each of these similarly populatetl Communities, providing very specific employment, household income, and govarnmenk revsnire dt3ta, and {3l your results :;re therercre osilmates, and should not bs used a5 a substitute far contlueting r,n prpn~rmic impact study t3rat is customlzetl for your Community. r~ Copyrighk 200:' by Anterioans for khe Ans. www.Arne ricansPa rTheAtts.prp 11/23/207.0 12:10 561-243-1073 DEI_RRY EEACN D.D.R. PAGE 02/03 ~r~it.r.ut;u u~c:umer~[ Page ~ of 1. information STIrP 1; POPULATION _ POPUEATION of your carllmunity; 5x,000 to 99,999 STEIa 2: TOTAL 1=XPENSES (options!? Your Or~aniZation's TOTAL EXPENSES please do not use oommas~; $' 20723 STEP 3: T07'AL ATTENDANCE (aptipnal) TOTALATTt_NaANCE fo your organization's arts events (again, d8 not use commasj: .2000b TOtal ECRriOtT1iG lnl~dCt Of: NonproFt Alts and Culture Organizations; Nonprofit Arts and Culture Audienee6: Total liousehpld Lacal Stato 1=xpahditur®s PTP Jobs InGQmm Governmt'r!t Government Fteverrue F2evenue -~-~ -- ... ,,.Y.~ $20,723 0.6~. $13,827 $707; $807 $453,040 12~ $183,755' $17,993'$21,087; Total industry Impact; $473,723 (Tne Sum of Orgenlzetbns and Audiences) Definitions 12.6 .~ $197,382 ~ $1$,700' $21,$94 ,~f.~~;Prirti Yo~lr , ast~ats{~~;~;~ Please &eE the Tine print below. total Expenditures: The total dollars spent by your nonprofit arts and Culture Orpanlsation and its audiences; even f-rei&ted spending by arts and Culture audiences is estimated using the average dollars spent per person by arts event aEtendees in slm€larly populated Corrittiunities. Bark to„t^~,~Irufatnr PTE Jobs: Tha total number of full-lima aqulvdlenk (F'TE) jobs in your community that era supported 1~y the expenditures made by your arts and culiur® organisation andlor its audiences. An FTE can be nne full time employee, twa half-time employees, four employees ~vho work quarter•tim®, eta Back to Cateulak~r household Income: The total dollars paid to community residents as a result of the ex anditures made by your arts and culture organix&tion andlor its audiences. liausehofd income includes salaries, wages, and proprietary income. BiiGIS t4 C91GUlator Government The #atal dollars received by your focal and state gnvamments {e,g„ IlC@n6o fees, taxes) as a result of the Revenue: exp®nditures made by your arts and culture organisation andlor its audiences, Bacfc a C~I~~r 1M~en using estfmatos derived from ihis catculatar, always keep Ilse foflgtiving caveats in mind; (1) the results of lhts analysis ere based upon the averages of &fmllariy populated Gpmmunitfas, f2) inputlaulput models were customized for sects of these slmflarly populated communliies, providing very spet~fic employment, household Income, and govemmen! revenue data, an4 f3) your results are therefore estimates, and should no! be used as a substitute for conducting an econonsic impact Study tt-9t is cuetam'ued foryour community. ®Copyright 2t)b7 by Americans for the Arts. wvv-v.Amnricansl=orTlteA .o http:/lwww.americansfnrthearts.arg/information sc>~`prices/rescarchlservicesleconomic_im... 11/23/200 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Acting Director of Planning and Zoning THROUGH: City Manager DATE: January 27, 2011 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 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 17, 2011 through January 28, 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 Planning and Zoning Board Meeting of January 24, 2011 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended approval (5 to 0, Al Jacquet and Connor Lynch absent), of the abandonment of rights-of-way within the Lambert Trailer Court Subdivision in conjunction with the proposed Franklin at Delray Beach development, located on the west side of South Federal Highway, approximately 320 feet south of SE 10th Street and north of the Plaza at Delray. B. Recommended approval (4 to 0, Craig Spodak stepped down), of a privately initiated rezoning from A (Agricultural) to POD (Professional and Office District) fora 2.09 acre vacant parcel of land located on the north side of West Atlantic Avenue, west of Homewood Boulevard and the Delray Garden Center. C. Recommended approval (3 to 1, Mark Kra11 stepped down and John Miller dissenting), of a privately initiated amendment to the Land Development Regulations Section 4.4.13 "Central Business District" Subsection (D) "Conditional Uses and Structures Allowed" to add "Escorted Segway Tours" as a conditional use; and, amending Section 4.3.3 "Special Requirements for Specific Uses" to enact a new Subsection (ZZZZ) "Segway Tours and Segway Sales" to provide for specific requirements for the establishment and operation of such uses. Site Plan Review and A~earance Board Meetin,~ of January 26, 2011 1. Approved with conditions (5 to 0, Roger DeCapito absent and Scott Porten arrived late), a Class I site plan modification for architectural elevation changes associated with the installation of a storefront awning valance for Excentricities, located at the northeast corner of NE 5th Avenue and NE 1st Street. 2. Approved with conditions (5 to 0, Scott Porten abstained), a Class I site plan modification for architectural elevation changes associated with the replacement of roof trusses, doors, windows and stucco, repainting an existing industrial building located at 150 NW 18th Avenue (west side of NW 18th Avenue, north of Marty Fladell Drive (aka NW 1st Street). RECOMMENDATION By motion, receive and file this report. Attachment: Location Map ~~~, CITY COMMISSION MEETING - - - - ~T,~~~~~~~ _ _ _ _ N ',,_ ~ ,' z~ FEBRUARY 1, 2011 ~N~~n,~~ i ~ ~ ~ ~ PLANNING AND ZONING u~~~ LQCAT~QN MAP ~F~~ ~ acn~E DEPARTMENT SPRAB: 1. EXCENTRICITIES 2. 150 NLV 18TH AVENUE -- D/GITA[ BASE MAP SYSTEM -- -- DLS -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\2-1-11 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 24, 2011 SUBJECT: AGENDA ITEM 8.M.1 -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 BID AWARD/ A & A ASSOCIATES ITEM BEFORE COMMISSION City Commission is requested to approve a bid award to A & A Associates in the amount of $35,840.50 for private security services from February 14, 2011 through February 28, 2011 for the Champions / World Tour Tennis Tournament. BACKGROUND Per the terms of our agreement with Match Point Inc., the City of Delray Beach is responsible for providing private security for the Champions/World Tour. In addition to cost, other requirements of the agreement include but are not limited to; that the guards be dressed in "hard guard" uniforms, the selected vendor must supply their own radio communications, 24/7 contact must be available and that they have experience in providing this service for similar type events. Responses to our Request for Quotations were received from two (2) firms on January 18, 2011. Bid summary is attached. Police staff, Match Point staff and JCD Sports Group have all reviewed the bids, voiced no objections and concur with the bid award recommendation for A & A Associates to provide security services for the Champions/World Tour TennisTournament. FUNDING SOURCE Funding is available from 001-4210-575-55.40 (General Fund/Recreational Supplies/Tennis Tournament). RECOMMENDATION Staff recommends the bid for private security for the Champions/World Tour Tennis Tournament be awarded to A & A Associates in the amount of $35,840.50. F""' ~ ~ ~ ~ ~~U ~ ¢ to W= ~ Z ~ U ~ ~ W Q ~ ~ Z W ~n W ,,! l';' ~ ~ i 0 0 0 0 0 0 0 0 O 0 O 0 O 0 d O O O , l ~'~,'ll,ll CD ~ ti? O O N Cfl ~ tQ Cfl s I ~ N r N ~-- O ~ ~ ~ .. ~ C I i~', I ~- c~ c~ ~ ~ f/~ I'II~ :~ M c'~ M ++ p~ ~ ~ ~II ~ ~ i~~ M ~ CC N CO r ~ ~,^ ' ~ M ~ ~ ~ ~ ,_ a _ ~ ~ ~ ~~ a Cf} {¢} Efl' Efl' EPr EF} Ef} 6c} EF} 6e} V O7 O O ~ O 0 0 0 O O ~ ~ N O ~ O et] ~ ~ om ~ ~ r ~ t -- t f) ~r -- N C4 ~7" ~ r.. O M N ~ ~ ~' ' ' ch C''} ch }} N ~f[tEtl ~ ~1 M CO p Q ~ rte.. {[E~ ~ ~_i~ ~ ~ ~ ~ T N r ~ ~ ~ f f .~~[ ~r el ~ f N W ~ a ~I~fl. = o I LG ~ ~ ~ ~ ~ LL ~~~{1.~, fi4 64 H3 {f} ffl' Efl' ~ f~3 {l•3' ~ ~ Lfl ~ ~ ~ j l ~ ,. , ~ ~ f ~, Er o ~ Z c~ ~ ,~'i (N L L cn ~ Q W O L = N LL ~ R ~ _ ~ = w Q ~y '~ I fY L w ~ ~ L ~ U / O ~ ~ ~ z / ~ J~ ~ ~ ~ 2 ~ ~ ~ ~ ~ a O ~ i , ~. ~ ~ V ~ ~ I.i.. ©.. ~ ~ 7..L O Q o.. ° W ,~~ ~ o o a o o ~ o 0 0 ~- ~ ~ a o 0 a ~~l: c~ v ~ m U ~- cn U ~ ~ o o c~ QU A MEMORANDUM TO: Mayor and City Commissioners FROM: Begona Krane, Engineer Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 20, 2011 SUBJECT: AGENDA ITEM 8.M.2 -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 CONTRACT AWARD/BRANG CONSTRUCTION INCORPORATED ITEM BEFORE COMMISSION Requesting Commission approvaUauthorization for the Mayor to execute the contract with Brang Construction Incorporated for the construction of 23 bus shelters utilizing ARRA grant funds. Total cost of project # 2009-055 is $325,900.00. BACKGROUND The City of Delray Beach was awarded funding through an ARRA grant received by Palm Tran. These funds will be used to install 23 bus shelters throughout the city. In order for the City to receive the grant as a subrecipient, the City and County have entered into an Interlocal agreement. The scope of work generally consists of the following: Construction of Bus Shelter concrete pads, concrete side walk, concrete "F" curb. Assembly and installation of 23 prefabricated Bus Shelters and associated accessory components (including trash receptacles, benches, signage, Interior Route & System Map Frame approximately 30" x 24", and Lighting powered by solar panels). This request is for Commission approvaUauthorization for the Mayor to execute a contract with Brang Construction Incorporated who was the lowest responsive bidder. Walker Design & Construction Co. submitted a lower bid but did not submit a complete bid package and therefore are consided nonresponsive. Numerous required documents were not included in Walker's bid package. The missing documents include: Exhibit 1 - Letter of Intent to utilize a Disadvantaged Business Enterprise (DBE) Subcontractor/Subconsultant Exhibit 2 -Schedule of DBE Participation Exhibit 3 -DBE Unavailability Report Exhibit 6 -Buy America Certification Exhibit 7 -Restriction of Lobbying Certification Exhibit 8 -Federal Representations and Certifications On Page P-4, Walker Design & Construction Co. failed to complete the amount of the required bid bond and left the space blank. On page P-6, Walker Design & Construction Co. had their Certificate executed by Howard Holmes, Customer Service, who is not listed as an officer of the company on the Division of Corporations website. Per IB-7, item 11.3, "Bid by corporations must be executed in the corporation name by the president, a vice president, or other corporate officer accompanied by evidence of authority to sign and the corporate seal must be affixed and attested by the secretary or an assistant. The corporate address and state of incorporation shall be shown below the signature." On page P-10, Walker Design & Construction Co. has not included any comments regarding the Trench Safety Act. They left the page blank. On page P-12, Walker Design & Construction Co. has one witness which should be the Secretary attesting to the bid bond, but according to the Division of Corporation website, Paul Castinnia is not a listed officer of Walker Design & Construction Co. nor has any proof been submitted giving Mr. Castinnia the authority to sign. Per IB-7, Item 11.3: "Bids by corporations must be executed in the corporate name by the president, a vice president, or other corporate officer accompanied by evidence of authority to sign and the corporate seal must be affixed and attested by the secretary or an assistant. The corporate address and state of incorporation shall be shown below the signature." On page P-13, the Surety Company for Walker Design & Construction Co. is missing a witness signature and a signature for the attached Power of Attorney. Referring to Page IB-ll, Item 27, Walker Design & Construction Co. failed to submit proof of Contractor's Certification. "Contractor's bidding on this project must hold a State license or a current certificate of competency issued by the Palm Beach County Examining Board having jurisdiction over licensing of contractors in the type of work involved in this contract. The Bidder must submit proof this requirement has been met." On page IB-2, Item 3, Walker Design & Construction Co. failed to submit proof of qualifications of bidders. To demonstrate qualifications to perform the work, each Bidder must be prepared to submit, within five days of City's request, written evidence, such as financial data, previous experience, present commitments and other such data as may be called for in the Instructions to Bidders. Each Bid must contain evidence of Bidder's qualification to do business in the state where the project is located. Staff requests Commission acknowledge the irregularities from Walker Design & Construction Co., and award the contract to Brang Construction Incorporated in the amount of $325.900.00. The differences in price between the lowest (Walker Design & Construction Co.) and second lowest bidder (Brang Construction Incorporated) is $17,218.00. Attached are the bid tab, location map, IB7-11.3, Division of Corporations, Walker Design & Construction Co. and Brang Construction Incorporated proposals. FUNDING SOURCE Funding is available from 101-3163-544-65.70 (ARRA Economic Stimulus Fund: Other Improvements/Transit Stop Bus Shelters). RECOMMENDATION Staff recommends approval of award to Brang Construction Incorporated who was the lowest responsive bidder. 11.2. All blanks on the Bid Form must be completed in ink or by typewriter and the Bidder will be responsible for its correctness. 11.3. Bids by corporations must be executed in the corporate name by the president, avice- president, or other corporate officer accompanied by evidence of authority to sign and the corporate seal must be affixed and attested by the secretary or an assistant. The corporate address and state of incorporation shall be shown below the signature. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, accompanied by evidence of authority to sign, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5. All names must be typed or printed below the signature. 11.6. The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 11.7. The address to which communications regarding the Bid are to be directed must be shown. 11.8. The Bidder shall comply with the Florida Trench Safety Act, Fla. Stat. 553.60 et seq. All Bids shall include all information required by Statute. 11.9. The Bidder shall comply with the Public Entity's Crime Statute, Fla. Stat. 287.133. All Bids shall include the information required by Statute. 11.10. The Bidder shall comply with the Drug-Free Workplace Statute, Fla. Stat. 287.133 and provide information required by Statute. 12. Submission of Bids. Bids shall be submitted at the time and place indicated in the Bid form and shall be included in a sealed envelope, marked with the Project title and, if applicable, the designated portion of the Project for which the Bid is submitted and name and address of the Bidder. The sealed envelope shall be addressed to: City of Delray Beach Purchasing Office, 100 NW 1st Avenue, Delray Beach, FL 33444. Each bid shall be accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "Bid Enclosed" on the face thereof. Bidder assumes full responsibility for timely delivery of its Bid, which must be sent by registered mail or be means whereby the Bidder receives positive notification for delivery to the CITY. Oral, telephonic, faxed or telegraphic Bids are invalid and will not receive consideration. 13. Modification and Withdrawal of Bids. 13.1. Bids may be modified or withdrawn only by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted. Prior to the time and date set for the opening of bids, and the request for modification or withdrawal must be approved by the CITY and CONSULTANT. Bidders must ensure that their request for withdrawal of bid is received prior to the item and date set for the opening of Bids. 13.2. If, within twenty-four hours after Bids are opened, any Bidder files a duly signed written notice with the CITY and promptly thereafter demonstrates to the reasonable satisfaction of the CITY that there was a material and substantial mistake in the preparation of its Bid, IB-7 PRO~osAL ' Proposal of Brang Construction Incorporated {Contractor) 4300 Oak Circle Boca Raton FL 33431 (Address) to furnish and deliver ail materials and to do and perform all work in accordance with the Contract Documents for the Project entitled: ARRA BUS SHI=LTERS INSTALLATION City of Delray Beach Project No. 2008-055 Bid No. 2010-41 To: Purchasing Officer City of Delray Beach, Florida 100 NW 1s# Avenue Delray Beach, Florida 33444 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the CITY in the form included in the Contract Documents fo complete all Work as specified or indicated in the Contrac# Documents for the Contract Price and within the Contract Time indicated in Phis Bid and in accordance with the Contract Documents. 2. Bidder accepts all of the terms and conditions of the instructions to Bidders, including without limitation those dealing with the disposition of 13id Security. This Bid will remain open for sixty -z {t0) days after the day of Bid opening. Bidder will sign and deliver fo the CITY the Agreement and submi# the Contract Security, Insurance Certificates and other documents required by the Contract Documents within fifteen days after the date of OWNER'S Notice of Tentative Award. if Bidder fails to sign the Agreement and deliver the Agreement to the CITY accompanied by the required securi#y, insurance certificates and other documents within the tune specified, the CITY has the authority to rescind the bid award and retain the bid security which shall be forfeited as liquidated damages. 3. In submi#ting this Bid, Bidder represen#s, as more fully set forth in the Agreement, that: a. Bidder has examined copies of all the Can#ract Documents and of the fallowing addenda: Number Date Number No. 1 1'1116/10 No, 2 No. 3 1112919 0 No. 4 No. 5 12/03/10 No. 6 Date 11/29/10 12/01/10 12/06/10 No. 7 12/09/10 No. $ 92/10/10 receipt of all of which is hereby acknowledged and also copies of the Advertisement For Bids and the Instructions to Bidders; P-1 b. Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affec#ing cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. Bidder warrants and represents that there are no defects, errors or inconsistencies in the plans, specifications or any of the Contract Documents and that the actual site conditions comport to the conditions set forth therein. c. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over the CITY; no City official nor any City employee has a direct or indirect interested in said bid, in the supplies or work to which it relates, to any person associated with the firm performing the work, or to the profits resulting from the work. [remainder of page intentionally left blank] P-2 r ~ O d O m V O O ~ Q ~ O za O (~ O O p ~ L~ Nd' O ~ Fes- i~ ~ r ap ~ ~ (Yj c7~ u~ h Oj ~ - (D . . ~. c .. ,~ ss rn yr F» ~ vi k's sv a ° o ~ ~ Q ~ Q ~ a o o d; ~ tY7 O ~ ~ r d- co ~s7 M M ~ ~ ~ ~ ~ ~ ~ ~ ~, ~ t E-' ..r ~ ~ j C ~ ~ V O 7 l~G O ~ ~ (ti OL ~ C ~ R D ~ ~ 7 ~ 1tl~ ~ X LR (0 ,~' ~ ? `~ m - C O ~'' N O tC IC6 'Kf ~ O # `3 ce3 d 4 ~ ~ 0~ [] m U ,G ~ N 'o~ Q w ~~ U ~ 41 o~ ~ m {J o tt. ao ~ ~ v () ~ o~% ~ m U ~- . o~ La F m U :c ~ o~ ~ ~ N N m~,r~ U m oa`s ^ tf C a~ ~r s ~ ~~ ~- Y c ~t U y .rn U1N t-- -G ~N ~ a~i o y ~ z ~~ 0 4 (!) ~ LU (j ~- r r d m M ~ ~ o ti rn N ~ _ ~ F", L,1, j y Ul (n Ll. LL LL dd ~ i31 o, rn ~ c ~ o ~ O ~ ~ i = ~ `p ~ U P~ Q CO ~ z F 2 c ~ ~' ~ A ~ ~ O V .. o (ry o ~ ~ ~ c= ~ ~ . d p ~ c -„ j (°~ a ~ atS ~ y Q LY. 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E~ J J ..-1 V1 --~ d ~ 4 ~ v N --Q N ~M ~ bb ~ ~ ~ , . _ ~ ~ ~ =L~ ~ ~' ._ ~ ~ p Q }, p C ~ ~ U o ~ ~ .C ~ v Q p ~ ~ ~ = ~ O Q1 y a R N U p a R m fi ~ co t~ ao C? C7 O O ', W '', N C''7 6t} (~ O ~--~ N ,~ C f" N N N ~ ~ ~ P C O C [~ ~ d ~ (q r- EQ r Q ~ f] ~ ~'"' O ~' O ~-. ~ ~+ "'! r ~~ ~~ .J ~ -E Li! Q ~ Q ~ ~ 00 ~ ffl c N U ~~ 5. Bidder agrees that the Wnrk will be substantially completed within 90 calendar days after the date when the Contract Time commences to run, and completed within 30 calendar days after the date of Substantial Completion. 'The Bus Shelters can be purchased upon contract execution. Once Bus Shelters have arrived contract time will begin and should be substantialty complete within the 9l? calendar day and 1pp% complete with 30 calendar days. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 6. The undersigned agrees as follows: Accompanying this Proposal is a certified check, cashier's check ar bid band (5% of total Bid Price) meeting the requirements of the Contract Documents for $ 1 U1,~r'15 gbc> payable to the City of Delray Beach which is to be forfeited if, in the event that this iroposal is accepted, the undersigned shall fail #o execute the contract and furnish satisfactory Contract Security and furnish insurance certificates under the condifions and within the time specified iR the Instructions to Bidders; otherwise, said certified check, cashier`s check nr bid band is to be returned as provided herein. 7, Communications concerning this Sid shall be addressed to the Bidder as indicated below. 8. The terms used in this Bid which are defined in the General Condi#ions of the Consfruc#ion Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted on December 14, 2010 a.} (lf a corporation) Signature of Bidder Corporate Seal B : ~~ ~~ Print Name:__. James R. dele, Pre ident Address of t3idder: Bran Construction Incor orated 4300 Oak Circle Boca Raton ~L 33431 Incorporated under the laws of the State of Florida b.} (If an individual, par#nership, or Ron-incorporated organization} Signature of Bidder By: NfA Print Name: Address of Bidder: NIA c.} Certificate of Competency numberState Certified CGC042106 P_q. d.} The names of the corporate officers, or partners, or individuals doing business under trade name, is as faiiows: Signature of 13' der B' ~ , Print Name:~ames R. Fedefe Presiden# Business Address:. Branq Constructior-,Inc©riaorated 4300 Oak Circle Boca Raton. Fl_ 33431 Incorporated under the laws of the State of Florida Remainder of this page left blank intentionally] P-5 CERTIFICATE (if Corporation) STATE OF FLORIDA } Palm } SS COUNTY OF ,~g~~h } l HEREBY CERTIFY tha# a meeting of the Board of Branq Constructio0„incorporated , a corporation under the laws of the Stafe of Florida December 1 , 20`[ 0 the following resolution was duly passed and adopted: "RESOLVED", that James R, Fedele , as President of the Corporation, be and he is hereby authorized #o execute the Proposal dated December 14 ~ 2p10, between the City of Delray Beach, Florida and this Corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the offcial act and deod of this Corporation". l further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December 2©10 Title: 5eereta Subscribed and sworn #o before me this 14th day of December ~~ 10 Signature and Stamp of Notary Public My Commission Expires: 11!1!2014 RY P .~ +~P"",~~ CARaE BECKMAN ~~+ ~`~ : Notary public -State of Ftortda =~ # ~ '; l4fy Comm. Expires Nov i, 20i4 ''~,~FO~~F~~°;` Commisston # EE 21066 '«~~~" Bonded Through National Notary Assn. Directors of __ Reid on ~-~ Previous on List Next on List Return To List Events Name_History Detail by Entity Name 1=lorida Profit Corporation BRANG CONSTRUCTION INCORPORATED Filing Information Document Number J26968 FEf1EIN Number 592704044 Date Filed State Status Effective Date Last Event Event Date Filed Event Effective [ 08/0411986 FL ACTIVE 08/01/1986 NAME CHANGE AMENDMENT 10/01/2003 )ate NONI; Principal Address 4300 OAK CIRCLE BOCA RATON FL 33431 US Changed 01/06/2009 Mailing Address 4300 OAK CIRCLE BOCA RATON FL 33431 US Changed 01/06/2009 Registered Agent Name & Address FEDI=LE, JAMES R 4300 OAK CIRCLE BOCA RATON FL 33431 US Name Changed: 0 211 812 0 0 4 Address CharxJed: 0110612009 OfficerlDirectorDeta1l Name & Address Title VPS FED~LE, JAMES R. 16420 BRIDLEWOOD CIRCLE DELRAY BF~CH 1=L 33445 US Lr~ Le~aA- L~epbL ®f ~La~~ I certify from the records of this office that BRANG C4NSTRUCTIGN 1NCGRPORATED is a corporation organized under the laws of the State of Florida, filed on August 4, 1986, effective August 1, ].986. The document number of this corporation is J26968. I further certify that said corporation has paid all fees due this office through December 31, 2010, that its most recent annual report was filed on February 16, 2010, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given undej' Iny {land altd the Gj'eat 5ea1 of Florida, at Tallahassee, tlae Capital, this the Tlvenly Fifth day of February, 2010 -- r ~t - Sec~eta~y of ',S`tate Authentication ID: 4001706©5064-022510-,125968 To authenticate this certilicate,visit the following site, enter this ID, and then folio+v the instructions displayed. hops:flefile.sunbiz.org/certauthver.Ietml CERTIFICATE {if Partnership} STATE OF FLORIDA } } SS COUNTY OF } A I OT /~ ~ ~ 1 ~ /- ~ l I HEREBY CERTIFY that a meeting of the partners of , a Partnership under the laws of the State of held on 2D the following resolution was duly passed and adopted: "RESOLVED", that , as of the Partnership, be and he is hereby authorized to execute the Proposal daked 20`, between the City of Delray Beaeh, Florida and this Partnership, and that his execution thereof, attested by the of the Partnership be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this ^ day of , 20~. 13y: Print Name: Title: Subscribed and sworn to before me this day of , 20~ Signature and Stamp of Notary Public My Commission Expires: NOT APPLICABLE ~-~ NON-COLLUSIVE AI=EIDAVIT STATE OI= FLORIDA ) Palm )SS COUNTY OF Beach ) James R, Fedele being first duly sworn, deposes and says that: (1) He is the Owner of Bran Construction lncor orated , {Owner, Partner, Officer, Representative or Agent} {2} He is fully informed respecting the preparation and contents of the attached Bid and of ail pertinent circumstances respecting such Bid; (3) Sueh Bid is genuine and is not a collusive or sham Bid; {4} Neither the said Bidder nor any of its officers, partners, owners, agents, representative, employees or parties in interest, including this affidavit, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted; or to refrain fram bidding in connection with such Contract; or have in any manner, directiy or indirectly, sought by agreement or collusion, or communications, or conference with any Bidder, firm, or person to fix the price or prices in the attached Bid or any other Bidder, or to fix any overhead, profit, or cast eiement of the Bid Price or the Bid Price of any other Bidder, or to secure through any collusion conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Contract; (5} The price of items quoted in the attached Bid are fair and proper and are not tainted by collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives, owners, employees or parties i~ ~ter~~t, includes g this affidavit. Subscribed and sworn ko before me this14thday of December , 2rJ10 Signature and Stamp of Nofary Public My Commission Expires: ~ 1/12014 ,.ti~nr'P'~~, CARDL BECKMAN _~_~+ ~~: Notary Publtc • Stato of Fiorfda is My Comm. Expires Nov 1, 2014 ~.~'ty~.°;•' Commission # EE 71tl66 Banded Through Halional Holary Assn. P-S DRUG FREE W©RKPLACE CERTIFICATION IDENTICAt_ TIE t31DS: Preference shad be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quantity, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented adrug-free workplace program shall be given preference in the award process. Established procedures far processing #ie bids will be followed if none of the tied vendors have adrug-free workplace program {Florida Statutes Section 287.087). In order to have adrug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, dis#ribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining adrug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse VfOlatlon5. 3. Give each employee engaged in providing the commodifies or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1 }, notify the employees that, as a condition of working an the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty ar nofo contendere ta, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (s) days after such conviction. 5. Impose a sanction on, or require the satisfackory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain adrug-free workplace through implementation of this section. As fhe person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Print ar type} Brang Construction Incorporated P-9 James R. Pedals, President TRt=NCH SAFETY ACT Florida Statutes Section 553.60 et seq. "Trench Safety Acf" Compliance Bidder acknowledges that fhe Florida Trench Safety Acf, Section 553.60 et. sec ., which became effective October 1, 1990, shall be in effect during the period of construction of the project. The Bidder by signing and submitting the bid is, in writing, assuring that it will perform any trench excavation in accordance with the applicable trench safety standards. The Bidder further identifies the following separate item of cost of compliance with the applicable trench safety standards as well as the method of compliance. Method of Compliance Cost NUT APPLICABLE Bidder acknowledges that this cost is included in the applicable items of the Proposal and in the Grand Total Bid Price. Failure to complete the above may result in the bid being declared non_responsive. The Bidder is, and the Owner and Engineer are not, responsible to review or assess City's safety precautions, programs or costs, or fhe means, methods, techniques or technique adequacy, rea- sonableness of cost, sequences or procedures of any safety precau#ion, program or cost, including but not limited ta, compliance with any and all requirements of Florida Statute Section 553.60 et. sec .cited as the "Trench Safety Act". Bidder is, and the City and Engineer are not, responsible to determine if any safety or safety related standards apply to the project, including, but not limited to, the "Trench Safety Act". P-t0 13ID BOND STATE OF FLORIDA COl1NTY OF Palm Beach )SS KNOW ALf MY BY THI~SE PRESENTS that BRANG CONSTRUCTION, INCas Principal, and THT; OHIO CASUALTY INSURANCE COMPANY as surety, are held and firmly bound unto the City of Delray Beach, Florida, hereinafter called the Gity in the penal sum of $% of I3id Price_--- dollars ($~''~*$%'~~~} [awful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARI= SUCH, that whereas the Principal has submitted the accompanying bid, dated November 30, 2010 _ ~ far project titled: ARRA BUS SHIWL7t=R8 Il'ISTAk.LAT#DN City of Delray Beach Project iVo. 2009-05& Bid No. 201p-~11 NOW, T~iER1=FORE, (a) It is a condition precedent to the submission of said bid that a certified check, cashiers check or bid bond in the amount of five percent (5%) of the base bid be submitted with said bid as a guarantee That Bidder would, if awarded the contract, enter into a written contract with the CITY for the completion of the Work specified in the Contract pocuments for the amount indicated in the Bid. (b) If the Principa! shall not withdraw said bond within (6©) days after date of the same, and shalt within fifteen (15) days afiter the prESCribed forms are presented to him for signature, enter into a written contract with the CITY in accordance with the bid as accepted, and give bonds with good and su€ficient surety or sureties, as may be required, for the faithful performance and proper fulfilment of such contract, then the above obligation shall be void and of no effect, otherwise the sum herein stated shall be due and payable fo the CITY and the surety herein agrees to pay said sum immediately upon demand of the CITY in good and lawful money of the United States of America as liquidated damages for failure (hereof of said principal. P-11 IN WITNESS WNERErOE, the above-bounded parties executed this instrument under their several seals, this 34th day of November, 2414 ,the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by ifs undersigned representative, pursuant to authority of its governing body. l Michael A. Holmes, Attorney-In-Fact (person), on behalf of (suret~ The Olio Casualty Insurance ompany read surety company) have and examined the l'erforman e and Payment bonds attached to Bld No. 2Q'{(?-49 ~~ ~~~ Signature Michael A. Holmes, Attorney-In-Fact pate; November 30, 2410 WITNESS: (If Sole Ownership or Par#nership, two (2} Witnesses required). (If Corporation, Secretary Only will attest and affix seal) WITNESSES: Prin Name: Carol eckman Print Name: Daryl Shatto tte James R. Fedele Secretary Pl?{tVC{PAE. I3RANG CONSTRUCTION, INC. (affix Seal} Off cer) Print Name: James R. Fedele Title: President Business Address: '1344 Oak Circle oca a on, P-12 wl~rcvl~ssr=s: ~~~~ inf Nam : ~ c'.iC~ i1 F1-2~~ ~tJ~S~°~~ Print Name: ~- ~ ~ j ~ti ~ d ~ X14 ~ ~Q~'Cc?h~ SUEi~TY; ~ - THE OHIO CASUALTY INSURANCE COMPANY ~{ ni na } ftt• ~. (Signature, Attorney-in-t=act} (affix 5ea!} Prinf Name: Miclzael A. Holmes, Attorney-In-Fact Business Address 175 Berkeley Street oston, Name of Lc3ca1 Insurance Agency B~•own & Brown of Florida, Inc. P-13 T.HIS.~UI+UER OF"ATTORNEY IS. NOT V,4~.IQ UNLESS IT.IS PRINT~D:ON ~~D.BACfCGRQUI`fD. _ - CEItTIFItaD COI?.Y OF 1'D1VER OF' ?+TTORNfY - ' .: -' T$I'f O.iiiO CAiSUAI.TY-Il\`$~tRANCE COiYII'~,l~Y - . - . ; ' ~ a'4'E5T 1ZANCE - - Al17ER1<CtiN-INSiJ C4i+7YAIslY ' - - - IYo. 43.776 '-... AlI iVlr=n by .These Presents! :. That-THIa 01-11Q CASUALTY I3~fSURANCI; COM['ANY, an" Uhio t:vrpota{ion, and_ ~V~ST KnOVJ " - , " AMERICAN R+fS[IRANCE.COM¢f13~]Y, aii ;Iridia»a Gorporatroti;-pursuant to the authorify:.grantei_ by Aiticle III, $eGtion 9 of, . the Code of Regulations and By-I aws of Ilse bliio Casualty; Iaisuraiiec Company grid SVest Aanercan In"satarrce Company, ilo hereby nomnrate, constitute and _ -..appoint:: Gerald J. ;Elrcla J~rises 1•. liiarphy`; Shafvh A. I3urtan; Joadne 14Y. 313ursell ar D7refrael A: Iiolnics o.f Ft Lauderdale; Floa rda-its_ true ~aiid iar~fri4 agent"(s);aEld atartley (s) ial-fact to tnake, execute sedl:alyd deln~er for. and on rt,~ frchalf as:surety, uiri~ as ifs sot and deed any sad all _. t10) AdLI;ARS, -$ONUS;.UNbER'fAKIN~S~aird.RECOCrNIZA]VCES, trot e~ceediriglri any sspgle instance I'~'4'I;N'I"1~-i4'IIi.L~QN (~~O,ODD,tFDQ. ' - _ paymt:nt:ofn0tcs and_nrteres~ thereon : -:e~tcluding; ho~~eve€, any hand(s) or nridertaktng(s) guaranteatng ttre - - :9»d the execrltron:of such bonds yr undertatcrirgs an pursU,anCG ~C these presents sliatt .be a~ brnilrng upon sasd,Coinpa3ires, Ts fully~nd amply, tb alt - intents aiid puiposes; as if they Jrad Been duly executed ~iid ael;nowledged by the regularly ele~fcd affcers of the Comparies at tlrei admrnistiatave : - offices iri rairtictd; Ohro, in tiiefr oS~ ri pro~rar pcr~ons - - ~ _ ,: Tlie aulltorrty granted 1lerenlydcr supeesed¢s any prey sous autJronty }reretofoie granted the abo~'e ttaureEl ptt4rrrey(s}-iu fact _ In WITNIASS WHEREOF Ure undersagircd_officer of tlie'satd The Ohao Cagualty insurance Coinpatl} acid Nest Anreracarr insurance Company has = - >licreurito subscribed hrs name and affix$~ tfie.Ciirporate Scat of ea"ch Company Eiirs $th day of Sepfenraer 20ID ~ - ,~ - ' fi~ ~i}- ~r ~ ~i L~~ l~ °' ' u5 - - ~ 7.:Timothy:l5'Errico, ~ssistan# Secretary . - . - tv : ~ C(3UN7 Y OF 13U 1'i:ER _ .. . ~~ ai ~ . 'On this Stli day of September, 2D10.before fire subscriber, a Notary Public of the State-of Ohio;. rn said 2'or tlre_County of Butter duty_ eortrmtssioiied .Q . ~:~ cartie::I "Timothy Aigri•ico; Asslsfanf Secretary of THE-:OHIO CASUALTY INSURANCE COIvIPANY arrd .WEST AMERICAN aiid qualified - - _ - ~'~ " o, rite personatiy I<iiowii to be the individual. snit otI'icei describetla_n; and.lvtii3 executed the pieccding instniment, and he.: , II~ISURANCE COMPANY;"i -cg ~, ~ _ ~:acknawled cd the "exeetitiori of ihc,satrre, and being by rite duly su~anr•deposes and saysthat tie is the officei of tEie Companies aforesaid, and that the g . e f e e S - ~,: a~ r ti er : as o FC signatur seats affixed to the: preceding instrttn-eilt"are the: Corliorate_5eals of said Corripanies,:and the said Corporate Seals and hi ~, : L„ ~1 ~ ~ - duly affixed arrd siatiscnbed to" the saCd instrument by the authority said direction of tiie said Corporations: ll3 a :"~ -~ iN TESTIMONY 1VHEREOF; I have hCreuntoset my ltarid and affixed my Official Seal at the Gity of Fiarnilton, State of Ohio, the day and year first ~ ~ .? `shove written _ ': . q~.:. i V 1 ~h O ~ "~ - - Notary i'ubhc. in and for County of Butler; State of bhio ~ ~ . ~. My Comriiission expires. August 1.7, 2013 ~ p:~ This pottier of attorney rs granted under and by authority of Article III, Section g oftlre Code.of Regeilatrons and By Laws of Tha Ohro Casualty rg: ~ ~~.~.. . _: lnsuraitee Coinpauy and Wept"American Insiara_rice Corripany, extracts from which read: - - ~ -~ clr ,-: ItI; Sectioar 9. Apuaintnient of Attarrte, s~-Fact:.Tlie Chairinair of the hoard t}ie President, any: Vice-Presidett, llie Secretary.vr any 'Article - ~:~ - the pliipose of. Assistant Seeietary of the.COrporatrori shalt be :and is iieieby.vcs#ed with #'riti p©~ver and authority to appoint. ~tforneys-iii-fact fiat'. ::- ®: ~ ~ ~ to; and ta.axecute; attach #he. seat of ttie corporation to, ackndwledge and deliver any and all Bonds, ~ =; signing tire: name ;of:flre coiporation as surety _ ~ ~ ~ 1`:~ O . : recognizances; stipulatrons;:tiitdeRal:itrgs or otlrer mstruireirts of suretyship-,and pptiCies of.insrirance to be grVeii in favpr of arty irtdrvadrial; Errrr; .: - • _ ._ co oration, ~rrtnersha limited liabili cam an "or other enti or the official re resegtativelhereof,.or to any county or state, or aiiy official board rP P. p t}' " P Y. ty;. p . ~ - ~ L ~ . or boards of any county or state, or the United States of Arirerica br auy agei}cy ttroreaf, or to airy other polrttcal su6didtsion thereof ~ -.~ d c~iY. ~ V Thrs instrument is signed and. sealed as authorized by the followaiig resolution adopteiLby the Boards of l]arectors of the Companies on October 21 : ~" L. 2©D4: _ ItESOI,VEI), That the sagaatiire bf any officer of the Company authorized under Anc~te lit, Secta~ii 4trfris.~ode of Regulatioias and i3y taws M ~ t` t ~ p"'-~ and the Coat" any scat maybe t~fixed by fa+;siinile to any-poe~'e~o#'attornpy or copy:thereUfts"sued on behalf oftiie Oompaity to Inatce, eacecute, sent _ . ` - . ~- ~ ~ v: aiid deiiver foraid on its behalf as surety any.and all::bonds, undertal.iiig"s of other Wnti~l~_ obtrgations;rri the nature.[]lereot; ta.:prescribe_ theta p . res ectiVe duties and theres i>ctivelimits ofthcir authntahj andto'rcvoke arty such appornttnetrt. SuoJr signatures:and s~aC:aid hereby adopted. by the..: p p ~ ~y fl , Confpany as original signafEires and.seal and sfiatl withresl?Cct to airy hand; ulrcli;rtakiirg or btlier wrattert:obligatipns m tJie:uature thereof to 3vlrich it ~ r is attached, be valid:and biriding~Upon the Cotripany r~rth ihe_sanic force aiid effec4as thoug]r riranualty affixed.. . r CERT1PtCATE '_ :. the undersigned Assrstant Secretary r3f'Che Ohio t,asiialt~£Insurance Company acrd l~~stAriierrcatt lirstrrance, Compfitly. ~o trerebyeerhfy first the . I , foregoing power of attorney; -the re~eicnced By-taros of the Conrjianies aifd: ttie above resolution of Ih~ar Boards of Directors are true and correct ~ ~ - ~ ~ ~ - _ cgj?rac and.are in-full force aitd effecfuir this.date, :: ~ ` ~ €lt yV1TNlsS ~VHERI()F; I (rave hereunto set iiiy hand artd the seats of the Cvmpatries this 34ttaay of November ~ ZOL(} ~ ~ /J// ~ J ~ <paLi ; sail..' ~~~I" ! r"' [ f~ G,~`~'/ ! ' . .. - Assistant Secretary .: INFORMATION REQUIRI~D OF BIDDER BIDDER'S GI=NERAl.1NFORMATION: Bidder shall famish the following information. Failure to comply with this requirement will render Bid non- responsive and may cause its rejection. Additional sheets shall be attached as required. (1) CONTRACTOR'S name and address: Bran Construction Incor orated 4300 Oak Circle Boca Ratan I=L 33431 561-368-3180 (2) CONTRACTOR'S telephone number: (3) Number of years as a CONTRACTOR in this type of work: 24-~ ears (4) Names and titles of all officers of CONTRACTOR'S firm: James R. Fedele PresidentlSecreta (5) Name, address, and telephone number of surety company and agent who will provide the required bonds an this contract: Brown & Brown ofi Florida, lnc. -Michael Holmes, 954-331-1313 1201 West C ress Creek Road Suite 130 Ft. Lauderdale Florida 33309 G (6) Princi al Materials Manufactures and Subcontractors. This proposal is being submitted by the hereinaf#er stated CONTRACTOR who proposes to perform work specified and shown on the Drawings. The Bid Proposal shown on the preceding pages} has been calculated and tabulated using basic material prices. The following is a list of material manufactures and subcontractors whose materials and services said CONTRACTOR propose to furnish and utilize if the awarded a CONTRACT far the work specified herein and shown on the Plans. It is understood that the following list is not complete but includes the names of manufactures of the principal components and subcontractors supplying principal services to said project. It is also understood that if awarded a Contract, the CONTRACTOR will furnish the materials of the manufactures and utilize the services of the subcontractors skated herein and that if for any reason whaksoever CONTRACTOR wishes to substitute materials or subcontractors he shall request permission in writing #rom the City stating fully the reason for making such a request prior fo ordering same. P-14 Alf of said manufactures or their authorized vendors have been made aware of all the appropriate portions of the Contract Documents and agree tha# their materials will meet all of the requirements stated therein and that deliveries will be scheduled so as not to impede the progress of the work. Materials: Manufacturer SEE ATTACHED Subcontractors: Name SEE ATTACHED Duties Signature of Bidder Print Name: Brang Construction Incorporated P-15 ~rll~lr~~- Jrrr- ~i~l~ ~~~ Continuation from P-~.3 (Materials and Subcontractors) Materials: Manufacturer Bus Shelters & Accessories Ahiminum Solutions Group Subcontractors: Name Duties TCOE Corporation Concrete work 4300 Oak Circle s Boca Raton, Florida 33431 • 56'1-368-3180 ®Fax 561-368-3188 www.brangconsfrucfion. com QuESTIONNAIRI= The undersigned guarantees the truth and accuracy of all statemenfs and answers herein contained. 1. How many years has your organization been in business in the State of 1=lorida as a Contractor? 24+ years 2. What is the last prajec# of this nature that you have completed? Old Germantown Road Sidewalk Improvements Project No. 2006-0661Bid No. 2009-29 3. Have you Ever failed to complete work awarded ko you: If so where and why? No. 4. Name three individuals or corporations for which you have performed work and to which you refer? Bob Diaz, Construction Manager 561-243-7343, City of Delray Beach Keith Emery, President 954-481-1611, Construction Management Services, Inc. Jody Rivers, Superintendent 561-742-6226, Ci#y of Boynton Beach Anil Patel, R.A. 561-2330271, Palm Beach County 5. List the following information concerning all contracts on hand as of the date of submission of this proposal. {In case of co-venture, list the information of all ca-venturers). TOTAL CONTRACTED %OF NAME OF CONTRACT DATE/OF COMPLI=TION PROJECT OWNER VALUE COMPLI=TION TO DATE Fire Station #32 Palm Beach County $1,760,609.00 11l6f2010 100% -pending final complete paperwork Fire Main Bay Phase II City of Delray Beach $75,505.91 1/3/2011 100% - pending final complete paperwork MLK Drive gg II Beautification City of DelrayConanue list on Insertlst~eet8if needer~l1 3% 6. Have you personally inspected the proposed work and have you a complete plan for its performance? Yes. 7. Will you sublet any part of this work? !f so, give details. Concrete work. 8. What equipment do you own that is available for the work? {At#ach additional sheets as necessary) See attached equipment list. P-16 ~Il~l;c~ ~rcr ~cal~~~r~ BRANG CONSTR UCTION INCORPORATED. EQUIPMENT .INVENTOR Y 1. 10" table saw 2. Skill saw 3. Saws All (Bosch} 4. 3f8" Harruner Drill S. lf2" Hammer Drill 6. Demolition Hammer (Bosch} hand held 7. 3kw generator 8. Honda Generator 9. Shop Vacuums 10. Post Hole Augers l l . Chain saw 1 S" arm 12. Chain sar~v 12" arm 13. Chop saw 10" 1~. Emglo air compressor 1S. T-nailer 16. Plate compactor, 20" 17. Grinders, with abrasive wheels. 18. Weed whips 19. Edgers 20. Wheel barrows 21. Post shores 22. Ford F3S0 Dump Truck eblEgt~ipment List.docJ9 4300 Oa1t Circie ~ Boca Ra#ort, Florida 33431 ®561-368-3180 ~ Fax 561-3G8-3'1$8 www. brangconsfrucfion. com g. What equipment will you purchase for the proposed work? Whatever is necessary. 10. What equipment will you rent for the proposed work? Whatever is necessary. Stake the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. {lf a corporation, state the name of the President and Secretary. if a partnership, state the names of all partners. if a trade name, state the names of the business under the trade name, It is absolutely necessary that this information be furnished). Brang Construction Incorporated Correct Name of Bidder a) The business is a i~f~t~~4~~P~~?t?4~~ {Corporation} b) The address of principal place of business is 4300 Oak Circle, Boca Raton, FL 33431 c) The names of the corporate officers or partners, or individuals doing business under a trade name, is as follows: 'dder Print :James R, Fedel,e,,,,_ resident Business Address: Brang Construction incorporated 4300 Oak Circle ~~~ .. Boca Raton, .~. 33431 Incorporated under the laws of the S#ate of Florida P-17 •:,DEPARTMENT OF BUSINE3$ AND FROFESSxONAL REGULATION =CONSTRZTC~ION INDYI;~TRY X~ICENSING BOARD (850} 487~~.395 ~~ge~~`• '~'ALLAHASSEEMONROE STRFLT32399-0783 FEDELE JAMES R BRANC;`CONSTRUCT~ON ~NCORFORATED ~30t1 'QAK `CIRCLE HOCA RATON FL 33431 Cangratulatiarisi Wlth this ilcense you'become one of the neatiy one miilian ~loridlarls licensed by thp, pepartment;bf Business and i'rofes5lonai Regulation. Our professiarials and, businasse§ range iram architebts to yacht brokers,`irom ',boxere;tb barbeque restauraPt$; and they keep i"lorida's ecanamy strong: -Every day wa work to improve the way We.do. business in.or~er to s~rye you better. i+or ll~fo-matianubDUt our sorv~ces, please,iog"onto'w+ww.niy#loridaiicertse;Com: There-you cart fnd'more lnt`ormatian about our.dlvisions and the regulations that .impact you, subscribe ib department rewsietters anal learn more about the ;~apar{rriant's initiatives, fur mfssian at the Department is:: Lficense lfflciently, Regulate ~airiy, We constantly strive to serve you better so that you can serve your customers. "Thank you far doing business in 1=lorida, and cangrafulatians on your'naw license! i~~TACH H~R~ STATE OF ELORiDA DEPARTMENT OF BUSTNE~aS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 ` 1940 NORTH MONROE STREET ~'~~f TALLAHASSEE FL 32399-07$3 BRANG CONSTRUCTION INCORPORATED 4300 OAK CIRCLE BOLA RATON FL 33431 Congrafulalions! With this license you became one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation Our professionals and businesses range #rom architects to yacht brokers, from boxers to barbeque restaurants, and they keep Flo€ida`s economy strong. Every day we work fo improve the way we do business in order to serve you better. For information about our services, please log onto www.myftoridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe #a department newsletters and learn more about the Department's initiatives. Our mission at the Department is: l.lcense Efficiently, Regulate Fairiy. We constantly Strive to sen+e you better so that you can serve your customers. Thank you for doing business in Fiorida, and congratulat!ons on your new license! f , [ '^- P - .~ f -pis }' SSdJ 'lfs;'~sE {is ~ Is s tS tit ~;r y, }~ ~i~[~;7s,~~ ~~~o~ao ~~ ~` ~1~ EN`Ifi ~:, ~ ~ ~ i~;~ ~ f ~ ~OP'~S~~~C~ t 112 _:r , . ~~ t, ~t ~'af~~"~ , ,-s ~pX~{~hi~ Pravi~gi,Onj! q~r~l~,t~$~9,~~'s. '.AG#~W.~~S~#~~ ~' 3 ~ !~`1~,, ~REGIjLAfi.~O~T ~ , ~l.a~'I~~~ 0~0;~4~3~~s~. ~ r .r ~ : ~ ~~'S ~4~~~~~~;~x~ori ~~ ~~~ ~ I~~o~?~o~z~lfi~n , 3 3o~RD ~ S~Q#l`~os©6o~oos~~i DETACH HERE 4;. Anne M~ cannon, Tax ~oilec~oir P.O. Box 3718 West Palm Beach, l=L 33402-371b www.taxcollectorpbc.aom Tel:(561)365-2272 sF2ANG colvsTl~uerloN INc FE©~Lf= JAMlS'R Account Nu`rnber: 2014-1152$ 4300 OAK CIf2 BOLA FZATdt~ ~E. 33431-4206 `` ©ear Business Owner; This is your new Iacal business tax receipt. Please keep the upper portion for your records and detach the bottom of #his form: Verfiy the information and-display it conspicuously..at your place of business, 'open to the view ofthe public. This receipt is in ad~ltion to and riot in lieu of any License rewired by law ar municipal ordinal~ce and is sub'ect-to regulations of zoning, health, and any other lawful authority (Cour4ty prdinance Number ~2~7~, Receipts may: be transferred to a new. owriler when evidence of a sale is provided; tie original receipt is surrenderet! and. a transfer fee is paid. Recelp#s may be ttansferred:to a new location when,praof of zoning approval is provided; tha vngir~el::receipt Is surrendered and a transfer fee is paid. Business nart'le changes require a new receipt. This receipt; expires on Septerriber 30, 20'i 9 Renewal notices are mailed at the end of ,tune. If you do nbt receive the;li~tice by the end of July, please let us know. I hope you have a successful year. y~ji ~ "~tiri.1~'i'~r Tex Caflector, ".""' nl~TACH AhD ti1sPLAY Bo1TQM! POttTtON, AND KEEP l1~pEFt POFt1`14N l~ort YOUR RECpRDS "."~" 3 J~~~Ll4-1~~~8 S~A'r~ 0~' ~LO#~Ipr4 ~ a - -- - ~ ,- OC- 32 ~ - _ -. r ,:r _. - ._:. _ ~ PA IIVi B~AGH.t30UNTY .. _ ,'- CwssFlr,A riest~ . RECEIPT # 11'00035610 BItANG CONSTRUCTION FEDELE, JAMS 430Q OAK CIR -- ' F t; ~~t ~,5; ~ _ ~¢ } ~fi~: ~ ai - b~~ J r ~S~ -` ~ ~Sa l ~ ~, i . 1 ]] .ik k~ J~ s~ L 3 - ~'1 Y3 t x~ vii i ~ 3 iiv .LY ~ ~ v i t .w !./.l L/L Aziy changes in name, address, suite, ownership, etc. will require a new application within 15 days to avoid penalty or the license is uull and void. Business Tax fee: 105.OQ Penalty fee: .~ Laic fce: .~ Additional fee: .a0 Transfer fee: 00 Total paid; 1O5.0U ~saness tax at the above address for.the period rlst day of Octaher.aud ending the34th clay:of engage in tliebiisi~~ss, profesrian aX occiipatir~n of• . , CON`l RACTOR,GENERAY: Welcome to the City of Boca ~atan.'UVe,are proud to have your business in our community, You ma call us at ~61~393-'193 if-you fiave quesrioris relating to your business needs. Office hours are 8:00 M to 4:0(? PM, except Wednesday the hours are 8:00 AM to 3:00 F1VI. Phase verify ill inf~rmatidn on-your Business Tax Receipt and notify us immediately if there is an error. ALL CHANGES REQUIRE ANEW A.PPLfCATION. Visit our websito at; ~.MYBOCA.US, ''Quickliink"`to Business Tax to download applications and to ~rerifybusiness ~tifarmation. Applicattons must be submitted in person with appropriate documentation and fee. If the business has closed or moved outside the City limits, you are required to notify the City in writing. Please past this "Business Tax Receipt" at the above location in a place where it may be seen at all times. A courtesy renewal notice will be sent 30 to b0 da s riot to e iration; If ou da not receive the Renewal notice, you must still pay the tax on time. Late penalties will no be waived if au da not receive the notice. The $usine5s Tax may, lie jrenewed in person, by drop-box within City-Hall, by mail or by usin the websile and.click online~services from the hamepage. Ta renew online you will need yyo~ur Business ~ax Receipt # and your, - pin' #. These numbers wt11 be provided on your renewal notice. We accept check, cash, -money order;: Visa; IvlasterGard ar American Express ;as a method of a tints Chec~C must have :Business Tax Receipt #, and be made payable to the City of Baca Raton. DO NOTAIT:. CA.SI~ Failure to pay youur Business Taxon or before~the close of business an September 30 will cause penalties to be applied to the rerier~al tax as indicated below. .. r..~.,~,., ~ s,.. ~ _~ ..~:: ,~ _,._~ _,.....:.,.r,,.:_ ..... _ .... ~.. x . s _._~ ~ ~~~ ___.._,.._ PAYMENT AND PENALTY SCHEDULE DATE PENALTY EFFECTIVE: SEPT 30 OCT 1 NOV f DEC 1 7AN 1 MAR ~ PENALTY: 0% 10% f ~% 20% 25%a 2S% + $250.00 `31 - Issu°e d~fe. ~ x%2d%10v ~ ~ ~ _ y V . BRANGr CONS`TRYTCTION ~`EDELE, rAMIiS BRANG CONSTRUCTION 43DD NVti7 OAK C1R Boca ItAATON IfL33431 ,~ ` .Z'~~ _ -~~~~~~ ON Registration paid: 3D.DD yp [~ {l 1r~~~ ~~l\ ~~~4 ~ ~l~r'~ ~ ~j~.;. ~ ~' ~~ ~ ~i: ~ Total paid: 3D.DD ~~ ~~~' ~~ • • ~ ~. ~ ~- .y- ~~. =~;~. ~` ._ ~,~`~~ *'~**TFIIS IS NOTA BILL*~`~* -"~ s' ~ ~ ~ ,~ r ~ °~' '.~`~ ~ ~~,~~j~J~~,-~ Note: Any r~tar#gcs i~ tsama, address, ~~~~~n~ ~~ ~ ~ ~t~~ suite, o~vnersl~ip, eta will require //~}°~ ~4 f ; S;t~.~`~ ` £"` k =~ ,., a naw application wi#hin 15 days, i411 f ! ~~ ~'t~~Kg'~'~~F ~~ ~f.r ~'-:~; ~ ~~~ t~~~ ~ ~} ,.~~' Class: CON'IRAGTOR,GENERAL %~ ._ ea-~.. ~ -. ~~ ~~; ?'i?;v "~E~,~.;r:, ;: Ira _ :r~x_t- --- -~~. - • . .7~ 9~tN ~=c ~~1~n'~t~~l~ ~p~tiQt' !k~l.SY YrateFn,fe4nn F'ED~RAL CL~RTIFICATIONS ANp REPRESENTATIONS Palm Beach County t3oard of County Commissioners PALM Tf?AN EXHIBIT ~. LETTER OF INTENT To Utlllze a D[sadvarttaged Business Enterprise (DBE) StrbcontractorlSubconsul#ant From: Bran Construction Incor orated {Name of ProposerlBidder} To: Palm Beach County, Selection Committee Pro act []escrlption; Construction of bus shelter concrete pads, slab, sidewalk, curb, assembly and installation of ~3 prefabrica#e us s e ers an assocta a accessory componen s. us s e ers inc u tng assoeia ed trash .race tacies benches si na a interior route & s stem ma frame and li htin . In respolfse !o Municipality's Ru1Bid No. 2010-41 1 Project No. 2009-055 the undersigned hereby agree to utilize the minority firm listed below; if awarded the contract. The undersigned further certify.that the firrrl has been contacted and property apprised of the projected work assignrnent(s} upon execution of the contract with Municipality. Name of i=irrn: TCOE Corporation {Proposed.DBE Subcontractorl5ubconsultanl) Expiration of b13E.Certificafion: Projected Work Assignment: Enter description of work assignment Projected Percentage of Prime's Contract Fees to be Awarded: (Dollar Amount or Percentage °/°} of it orAuthorizedRep,} Subscribed and sworn to before rtie This James R. Fedele November 17, 2010 Presi ant (eats} 17th day of November 10 ,a+'Ypr~.,,, CAtiQt. Bt:CKMAN s~, ~s~ Motary Public -State of fiorlda ~~ . ; • Niy Comm. Expires Nov 1, 2014 ~~ ",~ ~?.•'` Commission ~ t:E Z108S ~y ~'~~~fY~ }~`' banded ihrou9fi Hatlonai Hotar~ Assn. {Notary's Signature) (Notary Seal) .... , _ _ _ _ _ _ _ .... _ ....... _ ..... _ _ -{ACKNCIWLEDGEMENT E3Y'i'HE PROP45ED bBl; FIRM} Tile undersigned intends to perform work in connection with the above Contract as (check ane} an indivi uai- ~ partnership _~ a corporation a joint venture. The undersigned agrees with the prune contractor's! ~ nt' roposai and further certifies that alt information provided herein istrue and correct.. November 1"1, 2f}Io sgnaltr caner or Authorized Rep.j (Date} Subscribed and sworn to before me this 17th day of November 2001(3 . NOTARY IStf)3T.TC-STAT7E7 OAF;pFfJ,ORIl7l1 •,,Elerrrl i ~dt113 11, YYtiey t'aIIlE131SSi011 ~~f~~~i~,~2$ ~J %,~^ Expires: MAY 29, 2A11 / II1 > ~ /J EbNDE1)THRUATLA1iT1CSa1~flINGCO„1NC. {Ncitary's rgnature) (Notary Seal} Exhibit C k'age ~8 7,2/20D8 ~~ori~a ~e~c~rt;men~roj~ `~racns j~or~cact~~~~. CITAIi1JF: CItIS'1' COVA:It~I[)I2 April 9, 2048 605 Suwannee Street Tallaf~assee, FL 32399-0450 5'FGi'Ift11\iF. L'. Itf)1'IiT.OVSf)S Si:CIt F,'1',titl` t~i'It '~ ~ ?t10~ Certified Mail ~ Return Receipt Requested TCOE Corporation Mr. Keith Emery 10 Fairway Drive, Suite 301 Deerfield Beach FL 33441 ANNIVERSARY PATE -Annually on January 19 Dear Ms. Emery: The Florida Departmet~t of Transportation [FDOTj is pleased to ant~at.mce that your firm is certified under tl~e Florida Unified Certification Program [UCP] as a ®isadvantaged Business Enterprise CDBE~ in accordance with Part 49 Section 26, Code of Fedsral Regulations. DBE certification is continuing, but is contingent upon the firm maintaining its eligibility annually through this office. Yau will be notified of your annual responsibilities in advance of the Anniversary Date. You must submit the annual AFFIDAVIT FOR CONTINUING ELIGIBILITY na later than the Anniversary Data. Fallure to do sa will result in immediate action to decertify the firm. Only fhose firms listed in the UCP DBE Directory, are certified by Florida UCP Members. Prime contractors and consultants are urged to verify your firm's current certification status of the firm through this Directory. Your firm will be listed in Florida`s UCP DBE Directory which can be accessed via the intemet, at ht# :/fwww.bi incweha s.colnlbiznetfloridal or through The Department' websits at w_ ww,dot.state.f[.usleguabpt~artuntyoffice, then select "DBE Directory." DBE certification is NOT a guarantee of work, but enables the firm to compete for, and perform, contract work on all USDOT Federal Aid (I=AA, FTA and FHWA) projects in Florida s a Dt3E contractor, sub-contractor, consultant, sub-consultant ar material supplier. wWVV.[~ot;.Sl~i:e.fl.ltS ~ r~ecvara Pam If, at any time, #here is a material change in fhe firm, including, but not limited to, owi~ershil~, officers, Directors, scope of work being performed, daily operations, affiliations with other businesses or individuals or physical location of the firm, you must notify #his office, in writing, within (30) days. Notification should include supporting documentation. You will receive timely instruction from this office as to haw you should pracE~ed, if necessary. Your firm is eligible to compete for, and perform, work on all USDOT Federal Aid projects thraugl~aut Florida, and E~ay earn DBE cE~edit for work performed in the following areas: NAfCS: FDOT S eclatt Code & Descri tlon 236220 750-Storage F'acifity, Building Addition 23tj220 770-Office Building, ShoplWarehouse 23890(? 522-Concrete Sidewalk 238'120 495-Reinforcing Steel Questions and concen~s should be directed to this office by mail or telephone. Our #elephone number is (850) 494-4747. Our Fax number is (850} 414-4879. sincerely, ahEl Goodemai~ DBE Cei~fification banger BIZNET Mai~~ hops ; 11 www3 .dot.state.ll.usiEqualOpp o~~unity0ffieelbi~etlprofile.as... BizNe~ Profixe: TCOE COR.PORAT~ON -.,,,~;,;~:. ~ . - ~ - - ..- -_ iii i- -_ _.~ ~ .- y~., ..a-`. _ _ - - Florida De artmer~t of Trans ortation 2008. 12ii3/2010 11:53 AM NOTE: OBE stands for Other Busuiess Enterprise indicating that the firm is not certified. +~ z as ~a No ~- N Q U 7 U O (O 0 m c~ s U m m m a ~~. o ~" ~ ~~ z u~ w ~~ i ll-I • Ll ~~~'iY r ~ cP .. L~. o a U ~'rva • u. ~_ w U 4 ~ w 0 h- xN W y C 'rJ U1 N w m a U 0 Z ~ o~ C '„" a~ ~~ U~ J ~ <' m Q U X W ~ m ~ ~,. 77 W ~ W ~ f`--' v ^-.f ~..~ U (~ m N ~ D~ a `~ cQ U~ ~ r .~ ~ O ~, L!? c- t--~ Q ~ ~ .Q ..~ ~ 0 ~ ~ ~ ~ ~ U ^ ~ c'7 ^ im- ~ coo o c~ ~""' ~ Q ~ ~ ~ o . ~ ~ ~ "' y ~ W Z a ~o O W 0. A 0. ~ FW~ a U m ~ (~ ~ ~ ~ O © ~ 0 0 ~~~ U ~ ~ ~ :~, m U O ~ ~ ~ U ~ ~ ~ ~ U -Wi ~ ~ N 0. ~ m '~"~ r (~ Q ° z O w v N r o a Q N z z U U U ~ ~ Z ~ d ~ O m ~ r. ~ .~.. 7 w .-. v .-, tir .--. v .-~ v .-. ~..+ o W Q ~ ~ Q 0 o ~ Q U ~ ~ ~ , ~ .~ n N ~ ~ r; rn M lfl !f! 64 fA ER d~ 4f} Ef! E O •'' ~ ~ N b ~ b !L o Y ~ O b ti y 3 °° o ~ ° .~ ~~ o u ~m 3 C oo m 0 a 0 ~~~ ~o ~ U ~ ~a~ a rot ~~ ~ r ~' U ~ o _~ b O ~, ~ ~' ~ ~~, ~ ~ Q ~ O R C W ~ ~ A ~~ M J EL ~ ~ s ~ n a ~ ~"" ~ ~ ~ ~, ro~ ~ .- m ~ o O lL .~ ° s o ~s ~ ~ e ~ !U (~ ~ ~ N a O o ~ :~ ~ ~ W O ~. w ,o U O v ; h- U fi b y b h u 0 y b b m 0 0 3 0 N $~,ncrr ~ ~ ~ ._: , ~~lmTr~r~ ,, ~~, ptOal9~' -~ ~i~Sr~ TFansporfaflart palm Beach County Board of County Commissioners FEDERAL CI=RTIFICATlONS AND REPRESENTATIONS PALM 7RAN DBE UNAVAILABILITY REPORT RLIBID NO EXHIBIT 3 ~oTA~P~~cABLE (NAME OF PRIME CONTRACTOR) [ADDRESS} (TELEPHONE NO.} The undersigned representative of the prime contractor, personally appeared before the undersigned officer, authorized to administer oaths who, after being duly sworn, states that the undersigned has contacted the DBEs listed below and #haf said DBEs are unavailable to perform or to submit a bid which was not the low acceptable bid set forth, and that the following information regarding DBE subcontractors is true and correct to the best of hislher knowledge: The following DBE contractors were invited to bid subcontract work, but were not available to work. {Attach list if necessary.) Name 2. The following DBE contractors were invited to bid subcon#ract work, but did not respond to the invitation. (Attach list if necessary.) Name 3. The following DBE contractors submitted bids which were not the low acceptable bids. (Attach list if necessary.} Name If you did not get any responses to your solicitation of DBE contractors, please detail your efforts to recruit eligible firms, i.e., advertising, personal calls, mailing lists, etc. Information provided will be verified. Attach a!1 supporting documents such as newspaper ads, phone lists, mailing lists, etc. Signature: IU~T APPLICABLE Title: Date: 12/2008 Fachlbit C Page 21 $~~ ~p . ~~ °f + `~lan~o~ . ~ 1-C~~6R~dls~~r~ Palm Beach County Board ai' County Commissioners FEI]ERAI_ CE'RTIFICATiONSRND RI=pRES1=NTATIONS PALNt TRAM EXHIBIT 6 BUY AMI~RICA CERTIFICATION FOR;PROCtJEtL~MENTS 01-STEEL [INGLEJDING ROL!_!I IUFAC FIJRED PROI]UCTS _ !-$~OOD00 Ifi this contract or purchase order is valued In excess of $100,000 and involves the procurement of stool, iron, or manufactured products, the bidder or offeror hereby certifies chat it; ® Will meot the requirements ofi 49 USC 5323{}}{a~j and the applicable regulations In 49 CFR part 661.5. ^ Cannot meet the requirements of 49 USC 5323Q){1) and 49 CFR part 661.5, but it may qualify for an exception pursuant to 49 USG 5323Q)(2){A), 5323(j)(2)(8), or 5323(j)(2)(D}, and 49 CFR 661.7. !f this contract or purchase order is valued In excess ofi $100,000 and involves the procurement of buses, other rolling stock, and associated equipment, the bidder or offeror certifies that it: ® Will comply with the requirements of 49 USG 5323(J)(2){C}and the regulations at 49 CFR part 661.11. ^ Cannot comply with the requirements of 49 USC 5323(J){2)(C) and 49 CFR 661.11, but may qualify for an exception pursuant to 49 USC 5323(J)(2){A}, 5323(J) {2}{B), or 5323{j){2){D), and 49 CFR 661.7. December 14, 201 (Date) (Title) Fedele Nate: This Buy America certification must be submitted to Munielpality with all bids or offers on FTA-funded contracts involving construction or the acquisi#ion of goads or rolling stock, except those subJect to a general waiver. General waivers are listed in 49 CFR 661.7, and include final assembly In the United States for 15 passengor vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, software, and small purchases (currently less than $100,000) made with capital, operating, or planning funds. (signature) Bran Construction Incor orated (Company) President 12/2009 Exhibit C Page 24 $~~~ ~ _~~ ~;. ~~OR14r r:~67a TntnspnrteffpA Palm Beach County Beard of County Commissioners FEDERAL CERTIFICATIONS AND REPRESENTATIONS PALM TRA(V EXHIBIT 7 RESTRICTIONS ON I,OBBYfNG CERTIFICATION rur; R~~ rtc~~u ENCIN GOtVT~ 1LVING'CON51'RUC710N/ARGHITEC~URAL AN1~ NG STOCK/i'~i0FES510NAL Sl~RV1CI= ;ONTRACTS/ 7URNKEY.CONTRAGT5_ - The undersigned certifies, to the best of his or her knowledge and belief, that; 1. No federal appropriated funds have bean paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer of employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. !f any funds other than federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-I_LL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by °Governrrjent-wide Guidance for Mew Restrictions on Lobbying," 61 Fed. Rog. 7.413 (1/19/96), Note: Language in paragraph 2 herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 10d-65, to be codified at 2 U5C 7.601, et seq.)] 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements} and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered Into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 USC §1852 (as amended by the lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the undersigned understands and agrees that the provisions of 31 USC A3$01, et seq., apply to this certification and disclosure, if any. December 14, 20'10 James R. Fede[e (Date) re) Brang Construction Incorporated (Company) PrP,Sldent (Title) Note: This certification must accompany each bid or offer exceeding $100,000. Pursuant to 31 USC §3801(c)(1)- (2)(A), any person who makes a prohibited expenditure or flails to file or amend a required certification or disclosure form shall foe subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure. 12/2005 Pxhlhlt C Page 25 62 ~~~£~ a. m~ € ~_ R1Q~[-Ot` ~ Pi1S~Jc FfJhSpCflaFiart FEDERAL CERTIFiCATI0N5 AND REPRESENTATIONS Paim Beach County l3oard of County Commissioners PALM 7F2AN EXHIBIT 8 FEDERAL REPRESENTATIONS AND CERTIFICATIONS 1~IIS~T~AC14'1t1E1V7"1lI~fS`TBL~C'C~fI~IPLL"7'~DA~n?D ftETLlltllT~'D BLOCK REPRESENTATIONS AND CERTIFICATIONS 1. Disadvantaged Business Enterprise (DBE The~OfferorlBidder represents as part of its offer that it (Mark one with an "X"}: is is not a disadvantage business enterprise {DBE}. 2. Contingent Fee A. Except for full-time bona fide employees working safely far khe OfferorlBidder, the OfferarlBidder represents as par# of ifs offer that it {Mark one with an "X"}: ^ has X has not employed or retained any company or persons to solicit or obtain this contract, and (Mark one with an "X"}: ~, has ~ has not paid or agreed to pay any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. i3. The OfferorlBidder agrees to provide information relating to A. above, as requested by the Contracting Offrcer and, when any item in subparagraph A. is answered affirmatively, to promptly submit to the Contracting Officer a completed Standard Form 119 "Statement of Contingent or Other Fees." 3. Interest of Public Officials The OfferorlBidder represents and warrants that no employee, official, or member of the Board of County Commissioners is or wili be interested or benefited directly or indirectly in this contract. 4. Covenant Against Gratuities The OfferarBidder represents as part of its offer that neither it nor any of its empioyees, representatives ar agents have offered or given gratuities {in the form ofi entertainment, gifts or otherwise} to any director, officer or employee of the County with the view toward securing favorable treatment in the awarding, amending, or the making of any determination with respect to the performing of the contract. See Paragraph 3 above entitled "Interest of Public Officials." 5. Previous Contracts and Com fiance Re orts A. The OfferorlBidder represents as part of its offer that it (Mark one with an "X"): X has _ has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of Executive Order Number 10925, ar the clause contained in Section 201 of Executive Order Number 11114; and B. It (Mark one with an "X"}: X has has not fled all required compliance reports. C. Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. 6. Affirmative Action Com fiance A. The OfferorlBidder represents as part of its offer that it has a workforce of {# of employees}: B, It (Mark one with an "X"): X has developed and has on file _ has not developed and does not have on file at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2}, or it (Mark one with an "X"}: X has has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Lobar. 12/2009 Fxhlblt C Page 26 ~C a c~ .. , ~Ff.P~(mTr~n F~OR40~` Puhlc Transpb~attbn Palm $each County r3©ard of CaUnty Commissi©ners~ Ff=17ERAL CERTIFICATIONS AND REPRESENTATIONS PALM TRAM 7. Parent Company and Identifying Data A. The OfferorlBidder represents as part of its offerlbid that it (Mark one with an "X"): is X is not owned or controlled by a parent company. A parent company, for the purpose of this provision, is one that owns or controls the activities and basic business policies of the bidder. To awn the bidding company means that the parent company must awn more than 50% of the voting rights in that company. A company may control a bidder as a parent even though not meeting the requirements for such ownership if the company is able to formulate, determine, or veto basic policy decisions of the OfferorlBidder through the use of dominant minority voting rights, use of proxy voting, or otherwise. B. If the OfferorfBidder is not owned or controlled by a parent company, it shall insert its own Employer's Identification Number: C. If the Offerorl6idder is awned or controlled by a parent company, it shall enter below the name and main office address of the parent company, and the parent company's Employer`s Identification Number. Name of Parent Company and Main Office Address (Include Zip and Phone): Parent Company's Employer's Identification #: 59-2704044 8. Certification of Inde endent Price De#ermination A. By submission of this offer, the OfferorlBidder certifies, and in the case of a faint offer, each party thereto certifies as to its own organization, that in connection with this procurement: i. The prices in this offer have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices wi#h any other OfferorlBidder or with any competitor. ii. Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the OfferorlBidder and will not knowingly be disclosed by the OfferorlBidder prior to the opening (in the case of an advertised procurement), directly or indirectly to any other OfferorlBidder or to any competitor; and iii. No attempt has been made or will be made by the OfferorlBidder to induce any other person or firm to submit or not to submit an offer for the purpose of restricting competition. B. Each person signing this offer certifes that: 't. He is the person in the Offerorlf3idder`s organization responsible within that organization for the decision as to the prices being offered herein and that he has not participated, and will not participate, in any action contrary to A.i through A.iii. above; or ii. He: (I) is not the person in the OfferorBidder's organization responsible within that organization for the decision as to the prices being offered herein but that he has been authorized in writing to act as an agent for the persons responsible for such decision in certifying that such persons have not participated, and wi11 not participate, in any action contrary to A.i. through A.iii. above, and as their agent does hereby sa certify; and (ii) has not participated, and will not participate, in any action contrary to A.i. through A.iii. above. 9. Disadvantaaed Business Enterprise Goals If goals have been established, by submission of this offer, the Offerorfl3idder certifies that it will comply with the provisions of this solicitation entitled "Disadvantaged Business Enterprises Program" and will meet such goals as are established in any ensuing contract. 12/2409 Exhibit C Page 27 O~~~rp ~~ ~~. ~+' ~,.~7 ` Palm Beach County Board of County Commissioners FEpFRAt. CFRTIFICATtONS AND RRPRESENTATIDNS PAE_M TRAM 10. Certification of Eligibility A. By entering into this contract, the Contractor certifies that neither if (nor he or she} nor any person or firm who has an interest in the Contractor's firm is a person or frm ineligible to be awarded Government contracts by virtue of Section 3{a) of the Davis-Bacon Aat or 29 CFR 5.12(a}(1 }. B. Na part of this contract shall be subcontracted to any person or fiirm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) C. The penalty for making false statements is prescribed in the U.S. Criminal Cade, 18 U.S.C. 1001. 11. Clean Air and Water Certification Applicable if the offer exceeds $100,000, or the Contracting Officer believes that orders under an indefinite contract in any year will exceed $100,000 or a facility #o be used has been the subject of a conviction under the Air Act [42 U.S.C. 7413(c)(1)] or the Water Act (33 U.S.C. 1319(c}] and is listed by the Environmental Protection Agency (EPA) as a violating facility, and the acquisition is not otherwise exempt. lay submission of this offer, the OfferorBidder certifies that: A. Any facility to be used in the performance of this proposed contract (Mark one with an "X"]: is X is not listed an the EPA List of Violating Facilities; B. It will immediately notify the Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee of the EPA, indicating that any facility which it proposes to use for the performance of the contract is under consideration to be listed on the I PA List of Violating Facilities; and C. It will include a certification substantially the same as this certification, including this paragraph C., in every nonexempt subcontract. 12. Certification of Non-Segregated Facilities A. By the submission of this of€er, the OfferorlBidder certifies that it does not and will not maintain ar provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit ifs employees to perform their services at any location under its control, where segregated facilities are maintained. B. The OfferorlBidder agrees that a breach of this certification is a violation of the Equal Oppartuniry Clause in the contract. C. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and wash rooms, restaurants and other eating areas, time clocks, Locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainmen# areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or nation origin, because of habit, local custom or otherwise. D. It further agrees that {except where it has obtained identical certifications from proposed subcontractors for specifc time periods} it wits: i. Obtain identical certifications from proposed subcontractors before the award of a subcontract under which the subcontractor will be subject to the Equa! Opportunity Clause; Retain such certifications in its files; and iii. Forward the following notice to the proposed subcontractors {except if the proposed subcontractors have submitted identical certifications for specifc time periods). NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIR~'MENTS FOR CERTIFICATIONS OF NON- SEGREGATED FACIL.lT1E5 12/2009 Exhlbft C Fage 28 ~CAC~i rQ _~~ a F<DR4p~ ~Py67cTranSFartanort Palm Roach County Board of County Comrnisstor~ers FEDERAL CERTIFICATIONS AND REPRi=SENTATiONS PALM TRAM A Certification of Non-Segregated Facilities must be submitted before fhe award of a subcontract under which the subcontractor will bo subject to the Equal Opportunity clause. The certification may be submitted either for such subcontract or for all subcontracts during a period {i.e., quarterly, semiannually or annually). Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 10Q1. 13. Dru -Free Work lace Pro ram Certification A. By submission of a bid/offer, the bidderfofferor certifies and agrees that, with respect fn the bidderlofferor and elf employees of the bidderlofferor to be utilized in khe performance of any contract resulting from this solicitation, it has or wilt establish and implement, prior to performance of this contract, adrug-free workplace program that complies with the provisions of 49 CFR Parts 653 and 654. B. The BidderfOfferor shall submit for the County's review and approval as part of the County's pre-award responsibility survey their Drug Free Workplace Program. Failure of the bidderlofferor to have the drug-free workplace program complying with 49 GFR Parts 653 and 654 will be deemed a lack of responsibility rendering the bidderlofferor unqualified and ineligible fiar award. C. The contractor shall permit any authorized representative of the Uniked States Department of Transportation or its operating administrations, the State Oversight Agency of Ffarida, Municipality, Palm Tran, or Palm Beach County to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 854 before February first of each year and to submit to Municipality, with a copy to Pafm Tran, the Management information System {MIS) reports before March First of each year. To certify compliance the contractor shalt use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. D. By Signing this Representations and Certifications, (certify that this f[rm Xhas _ has not implemented adrug-free workplace program. 14. Certification Re ardin Debarment Sus ension and Other Res onsibili Matters Prime Contract A. In accordance with provisions of 49 CFR Part 29 and the certification instructions contained therein, the OfferariBidder certifiies, to the best of its knowledge and belief, that it andlor any of its Principals {Mark one with an "X"): are X are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from the award of contracts by any Federal department ar agency, Palm Beach County, or by the Municipality (Mark one with an "X"}: have X have not within a three year period preceding this offer, been convected of or had a civil judgmen# rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Lodi) contract or subcontract; violation of Federal State antitrust statutes relating to the submission of offers, or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property {Mark one with an "X"): are X are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity {Federal, State or Local) with, commission of any of the offenses enumerated in this subparagraph of this certification; and {Mark one with an "X"}: have X have oat within a three year period preceding this offer, had one or more public {Federal, 5#ate or Local) contracts terminated for cause or default. ~~ ~~ B. Principals, for the purposes of this certification, means: officers, directors, owners, partners, key employee, or other person within the business entity with primary management or supervisory responsibilities; or a person who has a critical influence on ar substantive control over contracts, whether or not employed by the OfferorlBidder. C. The OfferorlBidder shall provide immediate written notice to fhe Contracting Officer, if, at any time prior to a contract award, the OfferorBidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 12/2009 Exhlf~Et C Page 29 ~~ ACf! [' ~~~ a ~, ~CaAtOT nu&ric F.ansfruea,ron P8t[71 BPiBC}l County Bpafd Of COUCttJI COIT1fY1155~DIlerS FEDERAL CERTIFICATIdNS AND REPRESENTATIONS PALM TRA~V ©. Where the OfferodBidder is unable to certify positively to any of the statements in fhis certification, the OfferorlBidder shall attach an explanation #a this offer. A certification that any of the i#ems in subparagraph A. of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the OfferarlBidder's responsibility. Failure of the OfferorlBidder to furnish a certification or provide such additional information as requested by the Contracting Officer may render the OfferorlBidder nonresponsive. Nothing eantained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by subparagraph A. of this provision. The knowledge and information of an OfferorlBidder is not required #o exceed that which is normally possessed by a prudent person in the ordinary course of business. E. The certification in subparagraph A. of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the OfferorlBidder knowingly rendered an erroneous certification, in addition to other remedies available to the County or the Federal Government or' any of its departments or agencies, the Contracting Officer may terminate the contract resulting from this salicita#ion for default. F. The OfferorlBidder further agrees by submitting this offer that it will include the fallowing clause, without modification, in all subcontracts and in all solicitations far subcontracts: CERTIFICATION REGARDING DEBARMENT, SUSPEN510N, WELIGIBILlTY AND VOLUNTARY EXCLUSION, SUBCONTRACTS i. In accordance with the provisions of 49 CFR Part 29 and the certification instructions contained therein, the prospective subcontractor certifies, by submission of this offer, that neither it nor its principals is presently debarred, suspended, proposed far debarment, declared ineligible, or voluntarily excluded from participation in this contract by any Federal department or agency, Palm Beach County or by the Municipality. ii. Where the prospective subcontractor is unable to certify to any of the statements in this certification, such prospective subcontractor shall attach an explanation fo this offer. 15.Canflict of Interest Certi#ication This certification is required to be completed if the solicitation is a Request for Proposal (not required for Invitation for Bids). By submission of this proposal, 1 certify that: A. I have read and understand representations and Certifications Paragraph 3 above entitled "Interest of Public Officials" that will be incorporated into any contract resulting from this solicitation. {further understand that the pecuniary interest in that clause includes employment relationst-ips. B. I understand the County has an internal conflict of interest policy for its employees which includes as an actual ar passible conflict of interest whether or not a member of the employee's immediate family works for a firm doing, or seeking to do, business with the County. G (Mark one with an "X"): X To the best of my knowledge and belief, no employee of my firm is related to a Municipality or County employee; or An employee of my firm is related to a Municipality or County employee and a letter to the Contracting Officer explaining that relationship is attached to this Exhibit. ©. The requirement of this certification has been passed #hrough to a!! first-tier subcontractors or subconsultan#s anticipated to be used at the time of the submission of my proposal. X2/2009 ~xhtbi! C Page 30 ~~~Ck CD G~ ~~ I'~Im`T`r~n filp~1D~' . Aabl:eFranspartaCart Palm Beach County Board of County Eommfsstoners FEDI=RAL CERTIFICATIONS AND REPR~S~NTATIONS PALM IRAN 16.Car o Preference Certification The contractor agrees: A. To utilize privately owned United States flag commercial vessels fo ship at least fifty percent (50%) of the gross tonnage {computed separately for dry bulk carriers, dry cargo liners, and tankers} involved, whenever shipping by commercial vessel any equipment, materials, or commodities pursuant to this contract, to the extent #hat such vessels are available at fair and reasonable rates for United States flag commercial vessels. To furnish within twenty (20} days following the date of loading for shipments originating within the United States, or within thirty (30} working days following the date of loading, for shipments originating outside the United States, a legible copy of rated, onboard commercial ocean bill of lading in English for each shipment of cargo described in Paragraph 1 of this Certificate (through the contractor in the case of subcontractor bills of lading}, to the Division of National Cargo, Office of Marke# Development, Maritime Administration, 400 7th Street SW, Washington, D.G., 20590, marked with the appropriate identification of this contract. B. To insert the substance of the provisions of this Certificate in all subcontracts issued pursuant to this contract. 17. Integrity Certification As required by U.S. DOT regulations on Government wide Debarment and Suspension at ~I9 CFR 25.510, the bran Construction Incor orated certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by and Federal department or agency; B. Have not within athree-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public {Federal, state, or local) transaction or contract under a public transaction; violation of Federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity {Federal, state, or local) with commission of any of the offenses listed in paragraph B. of this certification; and, D. Have not within a three {3} year period preceding this contract had one or more public transactions {Federal, state or local) terminated far cause of default. 18. Special Provisions Speclat Provisions for Rrojects I"Inanced Under the American Recovery and Reinvestment Act (Recovery Act}. The Contractor agrees to comply with all the provisions of the American Recovery and Reinvestment Act of 2009 (Recovery Act) funds authorized under 1'ub. L. 111-5, February 17, 2009, and agrees to comply with the requirements thereof, except to the extent FTA determines otherwise in writing: 12/2609 Exhibit C Page 31 e~ d , - -... ~ ~'Y. ,. ,~ C~almTr~n ~~. '~~ort10~` r+ubGc rranspnrr~rron Paim Beach County Board of County Commissioners FEDERAL CERTIFICATIONS AND REPRESENTATIONS PALM TRAM SIGNATURE BLOCK FOR ALL REPRESENTATIONSAHD CERTIFICATIONS Name of Bidder And Address (Include Zip & Phone): Brang Construction incorporated 4300 Oafs Circle Boca Raton, FL 33431 581-368-3180 Signature of Authorized Representative far Bidder: Print Name of Authorized Representative for Bidder: James R. Fedefe December 14, 2010 Date: OfferorlBidder MUST SET FORTH FULL, ACCURATE AND COMPLETE INFORMATION A5 REQUIRED BY THIS SOLICITATION (INCLUDING `PHIS EXHIBIT}. FAILURE TO DO SO SHALL RENDER THIS BIDIOFI'ER NONRESPONSIVE OR UNACCEPTABLE. A FALSE STATEMENT IN ANY BID OR PROPOSAL SUBMITTED TO THE MUNICIPALITY MAY BE A CRIMINAL OFFENSE IN VIOLATION OF APPLICABLE FEDERAL ANDIOR 57ATE LAWS. ~% This contract or purchase order Is funded by an interlocal grant agreement between Municipality and Palm Beach County, under a grant between Palm Beach County and the U.S. iepartment of Transportation, Federal Transit Administration (F'rA) and governed by the provisions listed under the Nfaster Grant Agreement FTA MA (16) dated October 1, 2009) and Special Provisions for Projects Financed finder the American Recovery and Reinvestment Act {Recovery Act). Therefore, all activities related to this project are subject to the following conditions, which are outlined in greater detail In f1.S. Department of Transportation (U5t]OT) regulations at h9 CFR Part 18, °tJniform Adminlstraiive Requirements for Grants and Cooperative Agreements fo State and Local Governments"; Federal Transit Administration (FTA) Circular 4220.iF, "Third Party Contracting Guidelines," dated November 1, 2008, as may be amended, and other laws and regulations governing procurement activities tar Paim Beach County programs and projects. Master Grant Agreement FrA MA {i6) dated October 1, 2609: httn:/lww+v ffa dotgov/doeumentsLl6• aster.pdf C€rcular 4220.iF, dated November ~, 2008, as amended: htto://mv4v fta.dot g~laws/cir~ars lei reg 8641.htm1 FTA`s Best Practices Procurement Manual {t3PPMj, offers suggested procedures, methods, and examples on conducting third party procurements to assist in meeting the standards of F7A Circular A22O.1F, BPPM is available al; ~ t .fta.dot.~ov/funding/thlydpartynranurement/~rants financlnt; Bo37.htmt References to the Cade of Federal ttegufatlons (CF#2} website are available at: http•//www.~poaccess.gov/cfr/index.html. 12/2009 Exhtblt C Page 32 ADDENDUM NO. 1 TO CONTRACT DOCUMENTS For The November 16, 2010 ARRA BUS SHELTERS INSTALLATION CITY PROJECT NO.20t}9-055 CITY BID N0.20'i0-41 November 16 ,2010 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above-referenced project shah take note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. NOTE: Bidders must acknowledge Receipt of this Addendum hy: 1. On Page P-1 write "No. 1, 11f16110" 2. On Page A-7, Park 10.20 write "1 to 1" 3. Write the words "Addendum No. 1" on the exterior of the envelope in which the bids are submifted Sincerely Yours, Begona Krone Engineer PLEASE ACKNOWLEDGE RECEIPT OP ADDENDUM NO. 1 BY SIGNING BELOW AND FAXING BACK TO (561) 243-7166 AS SOON AS FOSS}BLE. Plan holder L.J By ro Date TRAN~MISSIaN UERTF'ICATIBN REPC3RT TIME 11/17!2010 18:30 NAME s~~NG caNSTRUCT~aN EAX b6136831$8 TEL 5613683180 SER. ~ BF2aJ'8J'865576 FATE, Ti1~lE 11 / ~ 7 1 B: 30 FAX Na.lNAME 2437166 FURATIt~N 00:00:18 PAGE (S} 07. REPI~LT a MCIFE STANFARF ECM ~I~1[~~~1C~U~l N~. ~ TO ~bNtRA~t C?C~~U('~~NT~ Fir Thy Nav~rrib~r 76, 20'10 AR~4, ~Ll~ SHEL~"ER~ INS'~ALLA~`IC~N GfTY PRC>eJE~T Nc~. ~~t194U'~5 CITY l~II~ NO. 2A1 a-~47 N~~~rnb~r 't~ ,2U9U TU ALL BIQDEF~~ ANp ~THER~ ~C~NCERN~p Can#rac#ars suE~mitting pra}~asals for the above-referenced larojeat shell talcs Hots of the follpwing changes, sdditi~ns, deletions clari~icativns, a#c., to the 1~lans ar~d SpecifiCatlQnS which in aecardance wi#h tf'~s Contract Documents shall became a dart of end have pr~cedenco over anything shown ar descritaed otherwise. NOTE: ~idtllers mast ackr~ovvled~e Receipt cif this Ad~tendum by: 1. On Page P-? write "No. 1, 11!16110" ~. ~?n Page A-7, Part 10.0 wrjt0 "1 to 1 n 3. Writs the wards "Addendum ~o. 1" on fhe exterior of the envelope it1 which the bids are submitted Sincerely Yours, l~ega~ia Krone Engineer PLEASE AGKNpW~,EI~GE REOi=IPT tJp AaI~ENDtJhll NCB. 1 i~Y SIGNING ~~~,~V11 ANp FAXING BARK TO (~01) 213-7156 AS SOUN AS R[~SS1Bl.E. ADDENDUM N0.2 TO CONTRACT DOCUMENTS ARRA BUS SHELTERS INSTALLATION CITY PROJECT NO.2oo~-ass CITY BID NO. 2010.41 November 29, 2010 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above-referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the Plans and SpeciNcations which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. NOTE: Bidders must acknowledge Receipt of #hls Addendum by: 1. On Page P-1 write "No. 2, 11129110" 2. On Page A-7, Part 10.20 write "2 to 2" 3. Write the words "Addendum No. 2" on the exterior of the envelope in which the bids are submifted Sincerely Yours, Begona Krone Engineer PLEASE ACKNOWLEDGE RECEIPT 01= ADDENDUM NO. 2 BY SIGNING BELOW AND FAXING BACK TO (561) 243-7166 AS 500N AS POSSIBLE. Plan holder ~~ Y _ 1 i / .~°Y / r e) Data TRANSMISSION ~IERIFICATION REPOF2T TIME DATF 11423 13:03 , FAK NQ. lNA1~iE 2837166 H0: 00: 14 bIJRATIt]N 01 PA~~Cs) RESL~LT nTAN17ARE~ MODE ECM ,AC~~3>rNpUM N~.~ 'fib t1t~NTF7AGT ~C)CViViI~NT~ TIME 11I28/201H 13:08 NAME BRAND CONSTRUCTION FAX 5613683188 TEL 5613683180 SER. #~ BROJ8,3865576 AFtF~A BllS SHEL,T~RS 1NSTALLA'C1C1N ~iTY PR(3.If=~T Nb, 2q~i~-486 CITY E~ID NO. X014.41 fdovember 2~, ~~10 T~ ALE BIDI~EI~~ AND OTH~R~ ~UNGEI~N~D Contractors submitting p~'aposais for the above-referenced project sf~all take ncte of t17e foliowing changes, additions, deletions clar~~tions, etc., to the Plans and 5~ecificat~otls which in accordance with the ~o~rttset Dacutner~ts shall become a part of arkd have precedence over anything shown ar described atherwlse~. NCTi*: Bidders must acknowledge Receipt of this Addendum icy` 1. On Pere P-'! write "hln. 2, 1 ~l~gl'10" 2. ~n Page A-7`, Part X0,24 write ".~ to 2" ~. 1lVrike the words "Addendutxa No. 2" ors the extsrlor of the envelope in which the bids are subrr~it#ed Si+~cerely Yours, Begt~Pia Krar~e 1=~gineer Pt,EA~E ACKNOUVLEDGE Rl~CEdPT ~F ApDENDUM Nc~. 2 gY ~1GNIN~ 81=L~W AND ~AXtNG I~AGK TC3 (5~1) 243-768 AS ;~U~N AS P~~SI(3LI=. Ple.n h©ide~ ADDENDUM N0.3 TO CONTRACT DOCUMENTS ARRA BUS SHELTERS INSTALLATION CITY PROJECT NO. 2009-055 CITY BID NO.2010-41 November 29, 2010 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above-referenced project shall take note of the following chCe weth {he'Contract lDocuments shalll becometa part olf and haveppreaedtence overh in accordan anything shown or described otherwise. NOTE: Bidders must acknowledge Receipt of this Addendum by: 1. On Page P-1 write "No. 3, 11/2911fl" 2. On Page A-7, Part 18.20 write "3 to 3" 3. Write the words "Addendum No. 3" on the exterior of the envelope in which the bids are submitted Sincerely Yours, Begolia Krane Engineer PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO.3 BY SIGNING BELOW AND FAXING BACK TO (561) 243-7166 AS SOON AS POSSIBLE. ~ ~--a~,.._, ~'r~ ..~ Ste` ~'r-~b~ Plan holder`~~ ~.~ y (~s(r~ Date ~,,;, TRANSMISSION VERIFICATION REPORT DATE, TIME 11/29 17:58 FAX NO.iNAME 2437166 00:00:14 I~URATIDN 01 PACES) OK RESULT STANDARB MDT7E ECM • IYVar~TKY6RR ~+f~.l~ A CONTRACT lbC?CUMENT~ TIME 11125!2010 17:58 NAME BRAND CC]NST32UC1'ION FAX : 5618683188 TEL 5613688180 SER. {~ $RD,J8,3865576 ARRA BUS BH~I.TERS IM~TAI,I-~TkCN CITY #~RC~~CT Nf~. 2an~-055 CITY tgla NU. Z01 Q~lr1 Naveml~ar ~~, 2010 TCj Af~l, BIDDERS AND QTl-~ERS GDNCERNED Cantractars submitting praposais far the abave-referent~ed project shall take note of the fallowing changes, adtiitior~S, dalatiaC~s clar9fcatia~s, eta., tc~ tha Pla~~ and S~eoifcatiar~s whiGll i~ 2~caardar5ce with the Cantract ©aauments shall become a part of and have precedence over anything Shawn ar described 4thervyise. NOT'f=: Bitlder~ miu~t aakn~wla~tgQ Rac~9pt of this Addendurr~ by. 1. Can Page P-1 write "Na. 3, '11/25/1~~ Z. ~7n Pa.ge A-7, Part 10,0 write " 3 #Q 3„ 3. Wrike the words "Addendum No. ~" an the exterior of the 8n~elape in wf~ich the bids are Submitted Sincerely Yours, BegaP~a Krane Engineer PI~1=ASS ACKNf~W~..EDGB RB~1=1RT OF ADD~NI~UM NO.3 BY SlGN1NC Ri~Ir~l~tlAND t=A~CINC BACK 7C (5~1} 243-71ra3 AS ~f~QN AS pQSSIBI_E. Plan holder ADDENDUM N0.4 TO CONTRACT DOCUMENTS ARRA BUS SHELTERS INSTALLATION CITY PROJECT N0.20D9-056 CITY BID NO. 2D10-41 December 1, 2814 TO ALL. BIDDERS AND OTHERS CONCERNED Contractors submitting proposals far the above-referenced project shall talcs note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shag become a part of and have precedence over anything shown or described otherwise. NOTE; Bidders must acknowtedge Receipt of this Addendum by: 1. On Page P-1 write "No. 4, 12101114" 2. On Page A-7, Part 1©.20 write "4 to 4" 3. Write the words "Addendum No. 4" on the exterior of the envelope in which the bids are submitted Sincerely Yours, Begana Krone Engineer P~.EASE ACKNOWt.EDGE RECEIPT OF ADDENDUM NO. 4 BY SIGNING BELOW AND 1=AXING BACK TO (561) 243-7'l66 AS SOON AS POSSiBt_E. c ~~`s` °i Plan holder t ~.. 8 [2fr ~f~ Date TRANSMISSION ~IERIFICATION REPORT DATE, TIME 12101 1:27 FAX NO.INRME 2437166 DURATION 00:00:24 PAGES) 01 RESULT OK MODE STANDARI3 EOM ~,pp~(up~]!iA NC~.4 t~ CUIVTRA~T I~t=1C~MENT~ AI~i~4 SUS SWELTERS INSTALi`ATIC~N CITY PRO,~E~T I~dG. 201~'~~Q~*~ CITX l~ll~ NQ. 241.41 aeeam~er ~ , 2410 T~ AI_L BIfJD~R~ ANQ E~THI~RS ZsONGI~I~N~i~ TI~SE 12/6112010 14:27 NAME BRANC OONSTRUCTION FAX : 5613683188 TEL 5613683180 SER.# BROJ$J865576 Contrackors submitting proposals for the et~4ve-referenced pr4~eGt sheil kake note 4f the fallowing changes, additions. deleilorls ciarificatlorrs, eic., io the Pleas artd Spec'~ica.tior~s wltiCh in accordan~~ with the ~t~rtt~act 17ocumer~ts shall became a part of and hove precedence over erlpthir~g shvwr- or described atherwESe. Ni~TE: Bidders must acknowledge ~k~c~lpt of this Addendum ~y: 1. Qn Paga p-1 write "Na. 4, 12/{l1 J9 p" ~. On Page A~7, Patt ~ 0.20 write "4 to 4°' 3. Write tl3e words "Addendum No. 4" an the exterior of the envelope In which the bids are submitted Sincerely Yaurs, Bego~la Krarre Engineer PLEASE ACKNaWLEI~GE i~EGEIPT OF AbbEND~1M NC1.4 BY SIGNING E3ELQ1lV AND 1=AXING BACK Tc~ (501) 243-?166 A~ ~~QN AS POSSIBLIi. Rlan haldet ADDENDUM N0.5 TO CONTRACT DOCUMENTS ARRA BUS SHELTERS INSTALLAT[ON CITY PROJECT NO. 20D9-055 CITY BID NO. 2010-41 December 3, 2U1~ TO ALL BIDDERS AND OTHERS C..ONCERNED Contractors submitting proposals for the above-referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. NOTE: Bidders must acknowledge Receipt of this Addendum by: 1. On Page P-1 write "No. 5, 12101110" 2. On Page A-'7, Part 10.20 write "5 to 5" 3. Write the words "Addendum No. 5" on the exterior of the envelope in which the bids are submitted Sincerely Yours, BegaY~a Krane Engineer PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 5 BY SIGNING BELOW AND FAXING BACK TO (561} 243-7166 AS SOON A5 POSSIBLE. Ian holder ~--~°_. By -~~•~f~~ Date TRAN5Mi55iON VERIFICATION REPORT TIME 12/6312816 16:15 NAME BRANG CON5TRUCTiON FAX 5613683188 TEL 5613683180 SER.# BROJ8J865576 DATE, TIME 7.2163 16:15 .FAX NO./NAME= 2437166 DURATiQN 00:00:17 PAGE=(S) 61 RESULT OK MQDE» STANDARD ECM ~t~aENf~UM N~,~ Ti3 CQNTFtA~T D~~UMENT~ ARRA I~LJ~ SHELTi;k~S !N~-TAI,t.ATI[?N CITY PaC~.1ECT NO.2009-065 CITY I~ID NC}. 2p9t1~4 ae~etriE~er ~, 2~9b TO A~i_ BIDDERS ANa UTHERS i~?NGEi~NElw3 Contractors submitting proposals for the at~ove-referenced project sha11 take Hate Of the following changes, additions, deletions elarifieations, etc., to the Plans and specifications which in accordance with the Contract Docutnpnts shall became a part of and have pre~der~oe over anything shown ar described otherwise. NOTE. Biddors mint actcr~owiedge I~ecelpt of thls Addendum Icy: ~. On Page P-~ write'"No. 5, 1~lD1f10" 2. ~~ Page A-7, Pact 14.2Q write "5 to 5" 3. Write the wards "Addendum Np. 5" an the exterior of the envelope in which the bids are sut~mitted Slf'1C~?i'~i~+ YaE,rs, Bego~a Krsne Engineer PLEASE AGKNOW>_EDCE RECEIPT CAF AdDt=NOUN NCB. 5 l~Y ~Ii~NiNG EEf_OW AND 1=AXING BAGK `l-Q (~B9} 24~-7166 AS ~OCN AS p4~SlPI.E. Flan hcJde~~ r~~` ADDENDUiVI N0.6 TO CONTRACT DOCUMENTS ARRA BUS SHELTERS INSTALLATION CITY PROJECT NO. 2009-055 CITY BID NO. 2U1D-Q1 December 6, 2010 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above-referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. NOTE: Bidders must acknowledge Receipt of this Addendum by: 1. On Page P-1 write "No. 6, 12106f1 D" 2. On Page A-7, Part 90.20 write "6 to 6" 3. Write the words "Addendum No. 6" on the exterior of the envelope in which the bids are submitted Sincerely Yours, Begona Krane Engineer PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 6 BY SIGNING BELOW AND FAXING BACK TO (561} 243-7966 AS SOON AS POSSIBLE. TRANSMISSION t1ERIFICATION ~2E~'©RT TIME 12/06!2010 7,2:09 NAME Bf~ANG GONSTF2UCTIbN FAX 5b13683188 TEL 557.3683180 SER.## 8ROJ8J865576 DATE, TIME 12/06 12:09 FAX NO,INAME 2437166 DURATION H0: 00:14 PAGE(S) 01 RESULT p~ MODE STANDARD EGM ADDEN>~UM NC~,1~ TO GC~NTiRA~T DODUi~~N~`~ ARIA RUB SWE~.Ti=RS 1NSTA>_LATIL3N CITY f~RO,~EGT Na. 2(?Q~-0~~ CITY 1311 Ni<?. 2d1dw4'i pc~~embe~r 6, 2Q7U TO Ai~I~ BIDDERS AND OTHERS CONCERNED Contraatars submit#ir~g prapesais for the ab~~e-~raferen~~d pta~~ct sY~ail take rt~t~ of the f~lletirving charges, additi~ne, tfeletior~s ~iarifir~tiar~s, etc,, tv the Plans and Specir`ications }which in accordance with the Contract Documents shah beanme a par# saf and have precedence quer anything Shawn or described otherwise. NC~T~: E3ic~tie,t~ ~ttu~f s.Gknowled~e Receipt ref thls Addendum by: 1. On Page P-~ write "Na. ~, ~2Ii}6110°, 2. On Page A-T, Part 10.0 writs "B to B" 3_ 1Nrite the wards "Addendum No. 6" Qn the ex#etiar of the envelope in which the bids are e~bmitted Sincerely Yours, Bega~ia Kane Engineer PLEASE ACifNbW1,~DGE= RECEf PT ai= AaD1=NOUN NO. ~ DY SIGNING Blrl.ptN ANp FAXING BACK Tp (561j 2~#~-71GGAS St7QN AS PO~SISLE. .-~ a^}- ~ C?r..,. i~fan ttalder ADDENDUM N0.7 TO CONTRACT DOCUMENTS ARRA BUS SHELTERS fNSTALLATION CITY PROJECT NO. 2009-055 CITY Bf© NO, 2010-41 December 9, 20'1:0 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above-referenced project shall talcs note of the following changes, additions, deletions clarifications, etc., to the Pions and Specifrcations which in accordance with the Contract Documents shall became a part of and have precedence over anything shown or described otherwise. NQTE: Bidders must acknowledge Receipt of this Addendum by: 1. On Page P-1 write "No. 7, 12109110" 2. On Page A-7, Part 14.20 write "7 to 7" 3. Write the words "Addendum No. 7" on the exterior of the envelope in which the bids are submitted Sincerely Yours, Begonia Krone Engineer PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 7 BY SIGNING BELOW AND ~'AX1NG BACK TO (5B1) 243-7166 AS SOON AS POSSIBLE. Plan holder C___.-~ By 2 lC~ ~t ea Date TRAN6MTSSIt7~€ VERIFIC~Tip€~ REPpRT TIME 1.211@/2$7.0 3.6:47 TAME : BRAND CpNSTRUCTIpN FAX 56136831$$ TEL 56136$3180 SEF2. # BR[]~I8JB65576 DATE, TIME 12/7,0 16:47 FAX Np.1NAME 2437166 ~URATIpN 00:00:14 PAGE{S} RESULT OK MADE STANDARD ECM Aaa~Nauiw t~c~.~r TLS C~NTI~ACT pQCN~liilENTa ARRA BUS SWELTERS INS`~AI_I-ATiQI+! CITY PI~~.~ECT N0.2Q09.055 CITY RID NCB. 2b7~-4i December ;~, ~07Q TQ ALL BIDL~Ei~ AND ~TMERS CON~ERNEa Car3trac#ors sui~rnitting proposals for the above-referenced Rra~ect shall #~}~~ Mote of the following changes, additions, deletions olari~i#ations, etc., to the l~ians and Specifications which in accordance with the Contrac# DoGUr'nents sha!! become a part oP and have precedence aver anything shown or descrlt~d o#herwiae. IW~TE= Ri<dders must ~ioknowiedgn Reoeiifat of this Addendum >}y: 1. Dn Page P-~ write "No. 7, 12148190°, 2. Can Page A-7, Part 1Q,20 write °7 to 7" ~. Write the wpCds "Addendt~l'n Na. 7" nn the exterior of the envelope in which the bids are submitked Sincerely Yams, eegoPla ISrar~e Engineer PLEASE ACKN~]I~Vi.i=bGE Ri~CEIPT QF AC7b~Ni~UM Nb. 7 EY SIC~NfN~ BEL~VIIAND FAXING BASK TO {s~1) ~,43.7~i6tx AS SCbN AS POSSIELi;. Plan Holder ADDENDUM NO.$ TO CONTRACT DOCUMENTS ARRA BU5 SHI=LT~RS INSTALLATION CITY PROJSCT NO. 2009-065 CITY BID NO, 20'1{1-41 December 90, 2090 TO ALh BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above-referenced project shall take note of the following changes, additions, deletions clari~eafians, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. NOTE: Bidders mus# acknowledge Receip# of this Addendum by: 1. On Page P-1 write "No. 8, 12190110" 2. On Page A-7, Part 10.2© write "8 to 8" 3. Wrife the words "Addendum No. 8" on the exterior of the envelope in which the bids are submitted Sincerely Yours, Begonia Krone Engineer PLEASE ACKNOWI_EDGF RECEIPT OF ADDENDUM NO. $ BY SIGNING BELOW AND FAXING l3ACK TO {561) 243-7166 AS SOON AS POSSIBLE. Plan holde~~ ~~%~ r~~J Y ~- i ~ ~ D Date TRAhf5MI5SI~?N VERIFICATICJN REPCR7 TIME : 12/101010.16:48 NAME BRA~€~ CONSTR~ECTI~~! FAX : 5618683188 TEL 5613683180 SER.# BRQ,38J865576 DATE:TIME FAX NQ INAME 12110 16:48 . DURATI01~ 24371b6 PALE (S} 0:00: 21 RE5i~~T QK MADE S7AN8ARb ECM AaD~NDUM N~.B T'Q ARRA F3~S SH~I~TERS INSTA~,<wATt~1N GiTY PI~4Jf=~T N~3. ~0~9-~~la CITY BtE) N4.2Q10-49 f~ecer~ber ~~, ~t}10 T~ ALA BIC~DEf~~ ANI~ QTHER~ ~~NCERNED Contractors s~bmittin~ pr~apasals i'or the al~ove~referenced prajeek shall take Hate pf the fallowln~ chen~os, additions, defetians clarifteation5, etc., to the Plans and S~e~i~ieatians which in accdrdertoo with the ~~t~tract documents shall became ~ pad of and haao precedence ever anything shown or described atherwise. N~7TE: Bidders must ackr~owled~e Receipt ot` ti•rls Adtter~dum tiy: ~. Ory Page P~~ write "Na. 8, X2/10110" 2. tan Page A-?, Part 10.2 write "$ t0 8A 3. Wrife the words "Addendum No. 8" on tide exterior of the envelope irk which thy: bids are submitted Sincerely YQUrs, Be~oeria Krane Engineef PLE=ASE ACKNC~VV),~D~E ~~~ElPT DF ADDENaUM NC?, ~ BY SIGNING BEt.QW ANp FAXWG SACK TC? ~~87} ~4~-710 A~ SC~t~N AS PO~SIE~LE, Paart holder PROP05AL Proposal of Walker Desi n & Construction Com an {Contractor) 6500 East Ro ers Circle Boca Raton FL {Address) #o furnish and deliver ail materials and to do and perform ail work in accordance with the Contract Documents for the Project entitled: ARRA BUS SHELTERS INSTALLATIOtV City of Defray Beach Project No. 2009-055 Bid No. 2010-41 70: Purchasing Offcer City of Delray Beach, Florida 100 NW 1 st Avenue betray Beach, Florida 33444 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to en#er into an Agreement with the CITY in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indica#ed in this Bid and in accordance with the Cortract Documents. 2. Bidder accepts ali of the terms and conditions of the lnstructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid wilt remain open for sixty (60) days after the day of Bid opening. Bidder will sign and deliver to the CITY the Agreement and submit the Contract Security, Insurance Certificates and other documents required by the Con#ract Documen#s within fifteen days afiter the date of OWNER'S Notice of Tentative Award. 1f Bidder fails to sign the Agreement and deliver the Agreement to the CITY accompanied by the required security, insurance certificates and other documents within the time specified, the CITY has the authority to rescind the bid award and retain the bid security which shall be forfeited as liquidated damages. 3. In submitting this Bid, Bidder represen#s, as more fully set forth in the Agreement, that: a. Bidder has examined copies of all the Contract Documents and of the following addenda: Number Date Number Date . 1 11/16/10 5 1.2/01/10 2 11/29/10 6 12/06/1.0 3 11/29/10 7 12/0911.0 4 12/01/10 8 12/10/10 .~ receipt of all of which is hereby acknowledged and also copies of the Advertisement for Bids and the lnstructions to Bidders, P-1 Bidder has examined the site and locality where the Wark is fo be performed, file legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performanco of the Work and has made such independent investigations as Bidder deems necessary. Bidder warrants and represents tha# #here are no defects, errors or inconsistencies in the plans, specifications or any of the Con#rac# Documents and that the actual site condifions comport to the conditions set forth therein. e. This Bid is genuine and not made in the interest of or on behalf of any undisclosed ' person, frm or corporation and is not submi#ted inconformity with any agreement ar rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid, Bidder has not solicited or indr[ced any person, frm or a corporation to refrain from bidding; and Bidder has not sought by collusion to ab#ain for himself any advantage over any other Bidder or aver the CITY; na City affrcial nor any City employee has a direct or indirect interested in said bid, in the supplies or work to which it relates, to any person associated with the firm performing the work, ar to the profits resulting from the work. [remainder of page intentionally lef# blank] R2 J W O O O O O O 4 n ~ O . ~ . O ~ o ~ O O C] N z Q, O Cb Csl N i!'1 u1 O ~ ~ it 1 i~ en ~~r N rn N av en +--! ur 0 w U ~ O a O O O O F- O O O z ~ o t0 r-I CL~ i~ r-I r-t en yr ~ r» as ev yr vt ~i ~t ([f ~ ~ ~ ~ ~ O d ~ z ltd -Q , ~-..11 1-d ` ~ » ' ~ ~~tt /1{ ~ ~ ~ .~-1 H ' ` - y ~ / t /W~ ~~-t ~ f ~-1 )-~I [~ 3 a e i ~ O w o e i ~ o a i ~ o ~ 0O 'µ a a i '~ ~ d ~ A U O U d U ¢ U ~ L] U Q U }y~ Q U q U ~ ~ ~ a~ ~ ~ ~ ~ ~ ~ •~r o v, ~ ~ o w w W d r r- .- a ~ M °m V m N N w U °~' ~ ~ r z ] ~ ~'3 J ai ai vii a u~ ~ ~ _ ~ O ~ ~ ~ ~ ~ ~ ~ U ° c ~ m ~ ~ O v Ri o N z O N D ~ (j Q ~ U ~ m ~ C ~ d O V _ C ~ fh 1 JL Y O 1 p ~ Y ' 9 7 ~ ~~ ~~. ~+ .O ~ E U ~ N. o ~ 'm C ~ f ~ f -v Fes- V ~ .~ ~}i §37 ~ ~ ~ t7 W ~ ~ ~ U , n_ v~ .~ con xs ink Fes- N ma ,~ 'o a °7 w z r a M v v~ m r~ m M .~ Q rJ+ 3 •r-I -1-~ N c37 .~ 9 O O O O C~ 0 O 0 p 0 O O O O ~ 0 ° 0 a Q O ri vi O O O • ~ r O O ra o a o ~ ca N N O ri O ~ 61 N O O lfl ~ Q ~ ~ ~k v~ ~3 » e9 yr eri c+i to ~ cn O O C? ~ a o °a °o p °a °o o O O O ~ ~" ~ O O O O O [~ O O N d' M `~ a9 yr isi to - cs es » N3 vs ~ ~ ~ 41 O ~ ~ v m }-I ~ c N 16 N ~ (lj ~) ~ Y YS !9 ~~--..[[ ~ e-+ VF o F O- {0 .~ V t0 N Ip ~ N O N t0 O (~ U ~ Q ~ ~p ~ ~ (j S T O Q G/ X 0 0 dl r^ ° °i v cs o °ic 3 U U ~ Q (~ F-ozU t~ozU r z v c i X1--1 ~ ~ `~ ~ ~ N ~ ,- r °a v ~ OI U L3 i[f W ~ Il1 (~ ~ J 1 J 4 4 .- Ul . ~ c [ O O a ^ L ~ Q CO 41 N ~ m m ~ ~ ~ L ~ U ~~ ~ ~ L O q ~ d ~ O j ~$ ~ ~ ~ O L .--j ..~ ® p' ~ _ e75 atf 5 ~ ~ dJ ~ ~+ ~ ~ ~ ¢ ~ ¢ U7 ~ a~R ~~ ~ E ~ ~¢~ ¢ cu c ° ~ ~~ ~ ~ ~ ~ N ~ aN qq,~~ N k - E m ~ ~e E~ v c . m ~ ~ a F_ ~ F_ ~ rY S ~ = Q¢ HS ~4 0. Suf. ¢ ~ G U ~ N F Q ~PE3 ~ ~ LO .~ v v OD V ~ ° r eN- r .~- `A Y ~ f ro ~ ~; a 6, Bidder agrees That the Work will be substantially completed within 90 calendar days after the date when the Contract Time commences to run, and completed within 30 calendar days after the date of Substantial Completion. l`he Sus Shelters can be purchased upon contract execution. Once Bus Shatters have arrived contract time wail begin and should be substantially complete within the 90 calendar day and 900°/a complete wi#h 30 caiendar days. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 6. The undersigned agrees as follows: Accorrtpanying this Proposal is a certified check, cashier`s check o bid ban {5% of total Bid Price} meeting the requirements of fhe Contract E]ocumenfs for payable to the City of taelray Beach which is to be forfeited if, in the event that this Proposal is accepted, the undersigned shall fail to execute the contract and furnish satisfactory Contract Security and furnish insurance certificates under #he, conditions and within the time specified in the Instructions to Bidders; otherwise, said certified check, cashier's check ar bid bond is to be returned as provided herein. Communications concerning this Bid shah be addressed to the Bidder as indicated below. 8. The farms used in this Bid which are defined in the General Conditions of the ConstrLECtion Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted on December 14 , 2010 a.} {If a corporation} Signature of ~ J~"v _ Corporate Seal ~~f BY= Print Name. Lee M. Walker Address of Bidder: f 5E)t7 Fast Rogers Circle ,Bona Raton, FL 33!x$7 Ineorporafed under fihe laws of the State of __. ~~ nr; ~~ _ __ b.) {if an individual, partnership, or non-incorporated organization) Signature of Bidder By: Print Name: Address of Bidder: c.} Certifcate of Competency number CGC 017631 P-4 d.) The names of the corporate officers, or partners, ar individuals doing lousiness under trade name, is as follows: Sign Bi der B: Print Name: Lee M, Walker Title: President Business Address: 6500 East R4gexs Circle Incorporated under the laws of the State ofi E for ida [Remainder of this page left blank intentionally] P-5 CERTIFICATE (if Corporation) SLATE OF FLORIDA ) COUNTY OF ,Palm ~~ach SS 1 HEREBY CERTIFY that a meeting of the Board of Directors of Walker Desicrn & Cfin , a corporation under the laws of the State of Florida held on 2D~(~he following resolution was duly passed and adopted: "RESOLVE=D", that Lee M « Walker , as President of the Corporation, be and he is hereby authorized to execute the Proposal dated 12 14 2D l,~ between the City of Delray Beach, Florida and this Corporation, and #hat his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this Corporation". further certify that said resolution is naw in full force and effec#. IN WI7Nt=SS WHEREOF, I have hereunto set my hand this 12 day of December , 2D~.p -, . By~ Prinf'N me: Howar /~ alines . J Title: -„s om .r fiPrvi r.P -- Subscribed and sworn to before me this ~'~- day f ~'+~'~"t`~~~1 , 2D Id. ~~ Signature and Stamp of Notary Public My Commission Expires: - ~ ~p Au8 Notary raulllic St[~1~ of r[orida a°~ ~~ Paul Niehulas CiiS[SiOF,Ia ,~4 ~ My Commission DDS[i5~21s 'FOE woe expires 03127121113 ~-6 CERTEi=KATE (if Partnership) STATE OF FLORIbA ) Not Applicable ) S5 COUNTY OF ) I HERESY CERTIFY that a meeting of the partners of , a Partnership under the laws ofi the State of held on 2©._._, the . following resolution was duly passed and adopted: " "RESOLVE©", that , as of the Partnership, be and he is hereby authorized to execute the Proposal dated 2p between the City of ©elray Beach, Florida and this Partnership, and that his execution thereof, attested by the of the Partnership be the official act and deed of this Partnership." I further certify that said resolution is naw in full force and effect. IN VIIITNESS WHEREOF, I have hereunto set my hand this ~, day of , 20_• Print iVame: Title: " - Subscribed and sworn to before me this ~ day of , 2+~_:_...- --- Signature and Stamp ofi Notary Public My-Commission Expires: 3 ~-7 NON-COLLEJSIVE AFFIDAVIT STATE OF FLORIbA } )SS COtJNTYOF 1:'alm Beach Lee M. Walker ,,, ,,., being first duly sworn, deposes and says that: (1} Ne is the flWn~r -_ (Owner, Partner, Officer, Representative ar Agent) (2) Fle is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bld is genuine and Is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representative, amplayees ar parties In interest, including this affidavit, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or parson to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been- submitted; or #o refrain from bidding in connection with such Contract; or havetn any manner, directly or indirectly, sought by agreement or collusion, or communications, or conference with any Bidder, frm, or person to fix the price or prices in the attached Bid or any other Bidder, or to fix any overhead, profit, or cost element ofi the Bid Price or the Bid Price of any other Bidder, or to secure through any coiius'ron conspiracy, connivance, or unlawful agreement any advantage against (Recipient}, ar any person interested in the proposed Contract; (5) The price of items quoted in the at#ached Bid are fair a d proper and are~not tainted by collusion, conspiracy, connivance, or unlawful agreement part f th Bidder or any other of ifs agents, representatives, owners, employees or e i ing this affidavit. By: Print Na e:Lee M. Walker Subscribed and sworn to before me this ~~._. day of ~~'~tY1'~~5~h ~, , 201. ~w Signature and Stamp of No~ary Pu liar My Commission Expires: e~~ '~. ` \~ ~>J o~yv r~,o~ Natar~ Public State o~ i'foridt~ ;~ ~ ~; Pau[ t~iGi}olas Castila~~~o t~ ~4 n hlyCommissic3nDn865a26 .. ~~pF~oF Expre85~3127i2E393 -~ DRUG FREE WORI{PLACE CERTIFICATION IDENT1CAt, T1E BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quantity, and service are received by the Slate or by any political subdivision for the procurement of commodities or contractua! services, a bid received from a business that certifies that it has implemenfed.a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have adrug-free workplace program {Florida Statutes Section 287.087). In order to have adrug-free workplace program, a business shall' 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees-for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's po{icy of~ maintaining adrug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and fhe penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractua{ services That are under bid a copy of the s#atement specified in subsectinn (1}. 4. !n the statement specifed in subsection (1), notify the employees #hat, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the s#afement and will notify the employer of any conviction of, or plea of guilty or nofo contenders to, any violation of Chapter 893 or of any controlled substance law of the United Slates or any state, for a violation occurring in the workplace no later than five (5) days after such convic#ion, 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee`s community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain adrug-free workplace through implementation of this section. As the person authorized #o sign the statement, I certify that #hi m complies fully with the above requirements. Bidders Signature Lee M. Walker (Print or type) P-9 TRENCH SAFETY ACT florida Statutes Section 553.6[3 et seq. "Trench Safe Act" Com fiance Bidder acknowledges that the florida Trench Safety Act, Section 553.6© et. seg., which became effective October 1, 199©, shall be in effect during the period of construction of the project. The Bidder by signing and submitting the bid is, in writing, assuring that it wilt perform any trench excavation in accordance with the applicable trench safety standards. The Bidder further identifes fhe following separate item of cost of compliance with the applicable trench safety standards as welt as the method of compliance. Method of Compliance Cost Bidder acknowledges that this cost is included in the applicable items of the l'roposai and in the Grand Tote{ Bid !'rice. Failure to complete the above may result in the bld being declared non-responsive. The Bidder is, and the ©wner and Engineer are not, responsible to review or assess Cily's safety precautions, programs or costs, or-the means, methods, techniques or technique adequacy, rea- sonableness of cost, sequences or procedures of any safety precaution, program or cost, including but not limited to, compliance with any and all requirements of Florida Statute Section 553.6© et, sec .cited as the "Trench Safety Act". Bidder is, and the Gity-and Engineer are not, responsible to determine if any safety or safety related standards apply to the project, including, but not limited #o, fhe "Trench Safety Act". - ~~10 ~r~ i~or~n S~'ATE 4F FLQRIpA } . ? ~~ , CatlNTY OF _ ..._,~.,,,.~.~) . Waltcer Design & ~Construct~.on KNOW ALl~ MY gY TNf=Sf= PRES~E~T~ iha{ co . _ __.___ .~. - . __ as Prir~Gipal, and Gxeat .American .Insuxanee Company as suC6ty, ere hef nd i bou d.u t6 the City of E?eiray peach, Fiprida, hereinafter' called the City fn the penal sum of ~~~ ~ -a n~ • o~dc~ifgrs (~ 57 } iswful money of the t1r'~lt8tt Mates, far the payment of which sum will and #ruiy to •he made, we bind aui'setves, our heirs, executors, administrators; and successors, jairitiy and severally, >"rrmly by th&sQ presents. 7H1= CQNi7iTiQN3 aF THIS OBt.IGATIQN AFZE SUCH, that whereas th® Principal he's submitted the accompenying bid, dated December '14, 2010 , for~proJeGt titled; ~IRRA BllS SiiEL7ERS IIVST'ALLATIOf~ ~ . • ~ Clty of Ueiray E3eeoh Proje~# Nn. X009-06~ • E3ld No. 20~Q~4'! • NOW, THfrR1rFOV~E, (a) 1t IS a condltian precedent to the submission of said bid thaf a certified cheek, cashiers check or bid band in ~e amount cf five percent (5%) of the base bid 8s submitted vrith said bid as e guarantee that pidder would, if awerded the cont~c~, enter. into a written contract with the CITY • ~ • for ttta completjon of the Work SpSClfled In the Contract Documents far tEte amount indicted in the f3id. (bj (f ttie Principal shell not vrrthdrew sold bend within {60) days aver date 4f the Hama, and she11 . within fifte®n (15} days after trte prescribed farms are.presdnted to him far signature, 8nterlnto a writkep contract with the CITY in acccrdence with the bid as accepted, and give #~onds wifh good and sufficient surety ar s~retles, as may 'be required, far the faithful performance and proper ~fulfiliment of such cantraet, #~en the ~bavo obligation shall be void and ai` rto efPeet, otherwise tho sum herein stated shall be dui and payable to thQ ial'f'1' and the surety herein agrees to pay $aid svm immediataiy upon demand of tria CITY In good and iavrful mangy of tl~e United ~tatas of . America as liquidated damages for failure thereof of said principal. . t , ~'-11 • i€v VVinVESS Whl~R~Oi=, the above-hounded Hart€es exeGUtad this lnetrumer~t under their severo€ seals, day of tuber, 2010 ,the name artd cgrporate seal of each Corporate party tfi€s ~ ~-4th._ Dece be€n~ berate a1#ixgd and these presents du€y s€a~nQ~€ by its undersigned represer~t~tive, pursuant to author€ty sf its governing booty. . I ,3ohn S . Harris (p~CS4rt), an baba€( of (surety)' ~ . Great American insurance Corn an (surety comp~Cty) have recd • and examined the psrformarlce and payment Sonds attached to Hid Flo. 20'[0-~9 . S€gnature ~ • t7ate; Decermber 14, 2010 WI"CFIESS: (!f Sa€e Dwnarshlp or Partnership, two (2} Witnesses req~€red}. ~€f Corporation, Secretary on€y w€€€ attest and affix sea€) WI~'FlE~SSES: pRINCIPAI. ~" Walker esig &.Construction Co. } ~ w r ~~ . Print Name:.~'Ai~.~_~ ~'t~,~1 ~~, _ _ tsisna~+r~ otAumvrizad nsncer) Print Flame: {afrncseaE} ' Print Flame: ~~e ik3~~t Ker' • ~ s€Q ss Address: • ~5. ~ East Rogers Circle - oca Raton, FL 33 - b~.9 P~t2~ i ' ., WI7N ~SSI=S; ' ~~~~ Print Name: Flame F. Harris i~rint Name: SlJREi`Y; Greats American ~sura~e Company By: $ignature,Attorney-€n-Fact) John S. Harris {a}Ax Seal) 3;'rint 3V~fl1B:...._~°hn S ;Harris Business Address 11924 Forest Hil_1 Blvd „ Suite 22-323 Wel] in ton FL 33 14 . Name of !_ocai Insurance Agency Coastal Bonding, inc. , ,` ~'-f 3 GREAT AMERICAN INSURANCE COMPANY Administrative Office: 580 WALNUT STREET • ClfVCENNATI, OHfO 45202 • 513-369-5000 FAX 513-723-2740 The number of persons authorized by ONE this power of attorney is not more than POWER OF Ai'TOfiNEY Na.O 16002 KNOW At_i. MEN BY THESE Pt3ESENTS: That the GREAT AMERICRN INSURANCE COMPANY, a corporation organized and existing under and by tirtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney-in-fact, for i! and in Its name, place and stead to exeeuto on behalf of the said Company, as surety, any and all bands, undertakings and contracts of suretyship, or other written obligations in the nature thoreof; for all obligees including any and ail consents required by the Department of Transportation, State of 1=lorida, incident to the rotease of retained percentages andlor final estimates; provided that the liability of the said Company on any such bond, undertaking or contract of surotyship executed under this authority shall not exceed the limit stated below. Name Address Limit o! Power JOHNS, ffARR1S WEST PALM BEACH, FLORIDA $15,0DD,0D0 This Power of Attorney revokes alt previous powers issued an battatf of the attorneys}-in-fact named above. IN WITNESS WHEREOF the GRERT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seaE hereunto affixed ibis 8TH day of OCTOBER 2008 Attest GREAT AMERICAN INSURANCE COMPANY DAVID C. KITCHEN (513-412-4502} STATE OF OHIO, COUNTY OF HAMILTON - ss: On this 8TH day of OCTOBER 2008 , before me personally appeared RAVED C. KITCHEN, #o me known, being duly sworn, deposes and says that he residos fn Cincinnati, Ohia, that he is a Divisional Senior Vice President of the Bond Division of Great American insurance Company, the Company described In and which executed the above Instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that It was so affixed by authority of his office under the By-Laws of said Company, and thaE Etc signed his name thereto by liko authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board o(Dlreciors of Great American Insurance Company by unanimous written consent dated June 3, 2006. RESOLVED: That the Divisional President, the several Divisional Senior Vfce Presidents, Divisional VEce Presidents and Divisional Assistant Vice Presidents, or any ono of them, be and hereby is authorized, from time to time, to appoint one or morn Attorneys-in-Fact to execute on behalf of the Gompany, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations In the nature thereof; to proscribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seaE and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsim€le to any power of attorney or cerlEficate of either given for the execution of any bond, undertaking, contract of suretyship, orother written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with tho samo force and effect as though manually affixed. CERTIFICATfON f, STf=PHEN C. BEf~AHA, Assistant Secretary of Great American Insurance Company, do ftereby certify chat the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 stave not beon revoked and are now En full force and effect. SEgnedandsealedthis .4th, day of December 201.0 . $1 t57K {1DAp8) INFORMATION REQUIRED OF BIDDER BIDDER'S GENERAL INFORMATION: Bidder shall furnish the following information. Failure to comply with this requirement will render Bid non- responsive and may cause its rejection. Additional sheets shall be attached as required. (9) CONTRACTOR`S name and address: Walker Deli n & Construction Corn an E R (2) CONTRACTOR'S telephone number: 5 6 ~.. 9 9 8 .0 0 0 ~. (3) Number of years as a CONTRACTOR in this type of work: 3 6 (4} Names and #ifies of all officers of CONTRACTOR'S firm: Lee M. Walker President {5) Nama, address, and telephone number of surefy company and agent who will provide the required bonds on this contract: Great A~teri.can Insurance Company_-.- 5F~ _753.5547 _._ ._._._ (6) Princloal Materials Manufactures and Subcon#ractors. This proposal Is being submitted by the hereinafter stated CONTRACTOR who proposes to perform work specified and shown on the Drawings. The Bid Proposal shown on the preceding page(s) ttas been calculated and tabulated using basic material prices. The following Is a list of material manufactures and subcontractors whose materials and services said CONTRACTOR propose to furnish and utilize If the awarded a CONTRACT for the work specified herein and shown on the Plans. It is understood That the following List Is not complete but Includes the names of manufactures of the principal components and subcontractors supplying principal services to said project. It is also understood that if awarded a Contract, the CONTRACTOR will furnish the materials of the manufactures and utilize the services of the subcontractors stated herein and that if for any reason whatsoover CONTRACTOR wishes to substitute materials or subcontractors he shall request permission in writing from the City stating fully the reason far making such a request prior fo ordering same. R-14 Ail of said manufactures or their authorized vendors have been made aware of all the appropriate portions of the Con#ract ©ocuments and agree that their materials will meet a1i of the requirements stated therein and that deliveries will be scheduled so as not to impede fhe progress of the work. Materials: Concrete Bus Shelter Solar Subcontractors: Name Stratton ELectric Bob's Barricades Manufacturer Tarmac Aluminum Solutions Grou Aluminum Solutions Group Duties Electrical/Solar MOT Signet o Bid r By:_ Print Name: Lee M. Walker P-15 QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers herein-contained. ~. How many years has your organization been in business in the State of Florida as a Contractor? 20 years 2. What is the last project of this nature that you have completed? 10 million dollars of Alumixaum Walkway Canopies for Palm Beach 3. Have you ever failed to complete work awarded to you: If so where and why? County Schools No 4. Name three individuals or corporations for which you have performed work and to which you refer? Dania Beach, Dominick Orlando 954.924.5030 Flagler/ Codina Rick Pugatch 561.443.5550 Sehi. Board of Palm Beach, Jim Kunard 561.687.7165 5. ~ List the following information concerning all contracts on hand as of the date of submission of th(s proposal. (In case of caventure, list the information of all co-venturers). ' TOTAL, CONTRACTED %OF NAME OF CONTRACT ClAT1=10F COMPLI=TION PROJECT OWNER VALUE COMPLE"~iON TO DATE Dania Beach Dania Beach $800,000.00 3-10-10 100 Community Center Broken Sound G®lf Maintenance Bldg. Broken Sound $1,900,000,00 2008 100 School Board of {continue list on Insert sheaf, if needed} Palm Beach Cty SBPBC continuing 10,000,000.0{3 contract S. Have you personally inspected the proposed work and have you a complete plan for its performance? . Yes 7. Wilt you sublet any part of this work? If so, give details. Manufacure of Sus Shelters Electrica installation 8. Wha# equipment do you own that is available for the work? (Attach additional sheets as necessary) Work Trucks, Concrete Forms, Generators P-16 9. What equipment wiil you purchase for the proposed work? None 'l0. What equipment wil# you rent for the proposed work? Barricades, Bobcat, Compactor State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (lf a corporation, state the name of the President and Secretary, If a partnership, state the names of all partners. If a trade name, state the names of the business under the trade name. it is absolutely necessary that this. information be furnished). Walker Design & Co_nstruc-~ion Co. Correct Dame of Bidder a) The business is a (Sole Proprietorship) (Partnership) (Corporation) b) The address of principal place of business is 6500 East R6 ers Circle, Boca Raton, FL 33487 c) The names of the corporate officers or partners, or individuals doing business under a trade name, is.as follows: Sign o d ~ t ' - J 13y: ~lN`-~ f rin a e: Lee M _ wa 7 kPr BusinessAddress:6500 Eaat- RrigPrs Circle BOCa Raton, Fl 33487 Incorporated under the laws of the State ofFlorida P-17 _ _ _ _ R R R R R R .~ y _ - _ _ '~ F- - - 2 _ _ ~ .~ F _ X .~ F ~ a ~ .~ F " ~ F ~ - R ~ _ F =~ R > u ~ G' / _ W Z w' Q ~- ~~~ z ATLANT -~s ;;,. Z m cn --- A w, -~ m J L~NTON BLVD ~ L+NTON BLVD Q ~ h- ~ w ~:. ~~ ~ ~ -_ ....., ....... ,,.. z r~ .... c G U ', . ._. N ARRA BUS SHELTERS W r E 2009-055 S ., Q w ~. MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Acting Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: January 26, 2011 SUBJECT: AGENDA ITEM 8.M.3 -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 CONTRACT AWARD/DR. CRAIG B. KUSHNIR, D.O. ITEM BEFORE COMMISSION That the City Commission, on behalf of the Fire-Rescue Department, authorize an agreement between the City and Craig B. Kushnir, D.O., for the position of Medical Director. BACKGROUND Chapter 401, Florida Statues and Florida Administrative Code (FAC) 64J states that each ALS/BLS or Air Ambulance provider shall employ a physician qualified pursuant to section 64J-1.004, to be its Medical Director. The Medical Director shall be a Florida licensed board certified Medical Doctor or Doctor of Osteopathic Medicine in a broad based clinical medical specialty. The Medical Director position allows for the practice of pre-hospital medicine by departmental Paramedics and EMTs. The Medical Director agrees to supervise and accept responsibility for the medical performance of EMTs and Paramedics functioning under the auspice of his license on behalf of the emergency medical services system of the City. Dr. Kushnir is replacing Dr. Wolff, whose contract has been canceled, as our Medical Director. You will recall that Dr. Kushnir responded to our RFP for Medical Director Services last year and was ranked second among the respondents. Applicable portions of the RFP response are attached. FUNDING SOURCE 001-2315-526-31.90 $22,000.00 annually RECOMMENDATION Staff recommends approval of the Medical Director Contract with Dr. Craig Kushnir. ~. Letter of Interest r,~ly 21, zo10 City of Delray Beach Purchasing Department 100 NW lst Avenue, Delray Beach, FL 33444 To 'Whom It May Concezn: I, Craig Benjamin Kushnir, D.O., am herein expressing my interest in the position of EMS Medical Director for the City of Delray Beach Fire-Rescue. As a proud resident of Delray Beach, I bring first hand knowledge of our community, and offer you strong leadership skills to meet the City of Delray Beach's goals to ensure that our residents receive timely medical care. I arri willing to dedicate the necessary time, and to cooxdinate the necessary resources to ensure that Delray Beach Fire-Rescue exceeds its educational, quality and procedural requirements. With a successful track record of promoting teamwork at all levels, I will strive to improve patient care and ensure quality outcomes. I do not have any competing priorities to manage other jurisdictions and will therefore be able to focus my energy and enthusiasm an the Delray Beach Fire-Rescue Department. I know that my credentials, coupled with my dedication to high quality patient care and a comprehensive cost-effective approach to EMS education, will diffexentiate me froze. other applicants. Sincerely, Craig B. Kushnir, D.O. 365 SE 6th Avenue Unit #5-301 Delray Beach, FL 33483 RFP No. 201.0-38 EMS Medical Director - Dr. Craig Kushnir - 2 ST~~~~R)~ 11=`0.~~ ®.F ~16Rl~IIlN~E~~` ~E EEII~ ~i'~ ~I~~ E~~ N1E~~~L ®~R~i~:T~~ THIS AGREEMENT made this day of 2p`, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) a DIRECTOR}. WITNESSETH: hereinafter called MEDICAL The CITY and the MEDICAL DIRECTOR in consideration of the mutual cov~:nants hereinafter set forth, agree as follows: ~ . The undersigned MEDICAL DIRECTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The MEDICAL DIRECTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The MEDICAL DIRECTOR further acknowledges that the bid price incltades all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the MEDICAL DIRECTOR include the following documents which are attached hereto and incorporated herein by~ reference of the following CONTRACT DOCUMENTS imitation to Bid Medical Professional Letter of lnferest Genera! Conditions, Instructions and informafion IndemnifylHvld Harmless Agreemenf Gone of Silence Standard Form of Agreemenf Corporate Acknowledgment Ger#ificafe {If Corporation) Specif cations lnser#s; Medicai Professional fnformafion Proposed schedule Committee Scoring Sheet Drug Free Workplace Gertificafian Bid Signature Form S#a#ement of No Bid }ZFP No. 2010-38 CMS Medical Director PAGE NUMBERS i z 3_g s 7 s-1z 13 14 15-21 22 - 29 30 31-3~ 33 34 35 Pagel 8 Addenda numbers to ,inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement_ 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the Paws of the State of Florida as Now and hereafter in farce. The venue for actions arising out of this agreement shalt be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personalty delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Defray Beach, FL 10Q NW 1st Avenue Delray Beach, FL 33444. As to MEDICAL DIRECTOR: 7. The MEDICAL DIRECTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the MEDICAL DIRECTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. $. The CITY and the MEDICAL DIRECTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto .in respect to ail covenants, agreements and obligations contained in the contract documents.. RF`P No. 20I0-38 EMS Medical Director Page ~ 4 9. In consideration of ten dollars ($10.00) and other valuable consideration, the MEDICAL DIRECTOR shall defend, indemnify and save harmless the C[TY, its officers, agents and employees, from ar an account of any liabilities, damages, fosses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness ar intentional wrongful misconduct of the MEDICAL DIRECTOR and any persons employed or utilized by the MEDICAL DIRECTOR in the performance of fhis Project. MEDICAL D{RECTOR 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. MEDICAL DIRECTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the ~inlatian of any Federal, State, County or City laws, by-laws, ordinances or regulations by the MEDICAL DIRECTOR, his sub-contractors, agents, servants ar employees. MEDICAL DiREGTOR further agrees to defend, indemnify and save harmless the CITY from all such ciairns and fees, and from any and ail 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 ar 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 steal! obligate the MEDICAL DIRECTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and al! 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 construction nperafions be performed by the MEDICAL ^IRECTOR, his sub-contractors ar by anyone directly or indirectly employed by either. This RFP No. 201©-38 EMS Medical Director Page 110 indemnification includes al! costs and fees including attorney's fees and costs at trial and appellate Levels. The CITY will pay to the MEDICAL DIRECTOR the specific consideration of ten dollars and other goad and valuable consideration as specific consideration for the indemnificatian provided herein. Furthermore, the MEDICAL DIRECTOR acknowledges #hat the bid price includes said consideration fior the indemnification provision. 10_ This Agreement shall be considered null and void unless signed by both the ME©ICAL IIRECTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the MEDICAL DIRECTOR and may only be altered, amended or repealed by a duty executed written instrument. I~FP No. 2010-38 EMS Medical Director Page 111 tN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Cierk CITY OF DELRAY BEACH, FLORIDA By: Netsan S. McDuffie, Mayor Approved as to farm: City Attorney WITNESS: MEDICAL DIRECTOR: BY: (Print or type name and title} (Print or type name and title} (SEAL) RFP No. 20I0-38 EMS Medicat Director Page ~ 12 Please see attached pages 22a - 22f. RFP No. 20I0-3$ EM5 Medical Direcfior Page ~ 22 . ~ta~~~ent of ~J~de~~~~ndn Exe~ence I have thoroughly reviewed all information in the Florida Administrative Gode for Emergency Medical services anal understand the duties as set-forth in section 64J-1.004 "Medical Direction". I. Develop medically correct standing ©rders er pratncols: As EMS Medical Director, I will: • Review current orders and protocols with administrative staff and revise as required to ensure cost-effective, evidence-based pre-hospital medicine_ • Operate in a collaborative manner, makixzg decisions in conjunction with paramedics and adrinistrative staff Suggestions/alternative approaches will always be considered. • Provide training for EMS pexsonx~el to ensure awareness and understanding of standing orders and protocols. • Be accessible for consultation when questions arise regarding emergency medical intervention or conflict resolution. • Se available for emergency support. I live approximately 2 miles fron:i Delray Fire-Rescue Headquarters and will make myself available 24-hours a day, 7-day a week. • On the occasions I am unavailable, I will designate a qualified representative to resolve problems, manage conflicts and provide services in my stead. As Medical Director of Bethesda Memorial Hospital's Emergency Department, I have significant experience in the development and implementation of standing orders and protocols including standing orders/protocols for: ^ Cardiac alerts ^ Code blue ^ Door to doctor process ^ Induced hypothermia ^ Radiology ^ Radio transmission of EMS calls ^ Stroke ^ Triage As required I have provided comprehensive in-service training for physicians and staff following any new or revised standing order/protocol. }ZFP No. 201.0-38 EMS Medicat Director - Dr. Craig Kushnir - 22a 2. Ensure a systenraatic Quality Assurance Program As EMS Medical Director, I will: • Ensure an organized patient care quality assurance system to continually assess the medical performance of EMS personnel, identify opportunities for improvement and recognize examples of excellence. • Meet quarterly with EM5 Administration. It is my belief that the Quality Assurance Committee can be a vehicle for identifying trends in pre-hospital patient care, and for identifying proactive opportunities for EMS personnel education. • Ensure that the new educational opportunities are integrated with the continuing education program. • Promote a culture of excellence in customer service, patient satisfaction and professionalism. I undexstand the importance of quality assurance and continuous quality improvement. I work closely with ED physicians and staff to constantly strive for improved patient care every day. I will bring this knowledge and experience to the role of EMS Medical Director. • I have been a member of Bethesda's Quality Improvement Committee for five years, where I have participated in the retrospective review of patient care in order to identify and implement opportunities to improve patient care. • I am the Chairman of the Emergency Department Committee, where I oversee the monthly review of patient cases. When issues have occurred, I have addressed them with physicians and staff immediately. • During my residency at the University of Florida, I participated in weekly Morbidity & Mortality rounds. • I have worked diligently to improve the efficiency of the BMH Emergency Department including Turnaround times far EMS transfers. Over the past two years: o Average length of stay for admitted patients declined by an average of two hours per patient o The percentage of patients who "leave without being seen" decreased to 0.1% of visits from over 5% two years prior. o The ED experienced record growth, increasing volume by over 15%, thanks in part to our significantly improved throughput for EMS patient transfers. o Our improvements also translated to happier patients as our patient satisfaction has risen to above 94%, well above the national benchmark. I personally handle all patient complaints within the Emergency Department. I conduct cooperative case reviews with EMS personnel and ED physicians to further improve communications and patient care. T provide constant feedback to EMS personnel to improve patient care during the pre-hospital period, as well as the transfer of care to The hospital setting. RFP No. xD1U-38 EMS Medics( Director - Dr. Craig Kushnax - 22b • I have successfully campaigned for equipment compatibility between hospitals and rescue vehicles and would continue to expand on this endeavor in my capacity as EMS Medical Director. 3. Policies and Procedures for Medications and Equipment As EMS Medical Director, I will: • Ensure and certify that security procedures -for medications, fluids and controlled substances are in compliance with Chapters 499 and 843, F.S., and Chapter 64F-12, F.A.C. ^ Ensure that EMS personnel administer only those xnedicatians that are deemed standard far pre-hospital use. Carrying unnecessary inventories is a costly practice. ^ Explore alternative medications that could improve patient care, or maintain patient care at a reduced cost, in accordance with the evidence-based literature, and consider them for addition/ substitution. ^ Document any changes to the formulary in writing and only in conjunction with the Department Administration. • Assume direct responsibility far the use of medical equipment with an initial focus on: o Implementing the use of an automatic or semiautomatic defibrillator o Ensuring the performance of airway potency techniques (ET and adjunctive) n Overseeing the rrionitoring and maintenance ofnon-medicated N's by an EMT I have current knowledge of the standard of care far both hospital and pre-hospital medications. • I am a member of the Bethesda Memorial Hospital Pharmacy and Therapeutics Committee. • I have experience in the development, interpretation and implementation of medication policies at various levels of the hospital 4. Design and operate an EMS system As EMS Medical Director, I will:. ^ .Ensure that each EMS vehicle available for call is equipped and maintained with appropriate medical equipment and supplies as reflected in table 1 and 2 of Emergency Medical Services 64J-1002-003. i will monitor these items regularly with EM5 Division officers to see if additions, subtractions or substitutions are appropriate. ^ Initiate or revise BLS protocols as required_ ^ Review patient care records for BLS transport as part of the QA process. ^ Work as part of an effective and integrated team, dedicated to maintaining a p05ftlve Work en~Vlronnlent. RFP No. 2010-38 EMS Medical Director - Dr. Craig Kushnir - 22c I have an understanding of the design and operation of the EMS system: My frequent ride-alongs with crews from the three local jurisdictions have given me exceptional exposure to the EMS system and provided a clear understanding of the nature and frequency of EMS calls. With more than 32 hours of ride time annually, my ride time well exceeds the minimum of 10 hours per year stipulated in the EMS laws anal regulations. I have reviewed the BLS and ALS services with the EMS Departments of Delray Beach, Boynton Beach and Palm Beach County. During my residency training at a Level 1 Trauma Center at Shands- Jacksonville, (participated heavily inpre-hospital care and experienced riding with the Medivae Helicopter. The opportunity was invaluable, further enhancing my knowledge of how an EMS system. operates. 5. EMS Strategic Planning As EMS Medical Director, I will: • Continue to serve on the EMS Advisory Council's Strategic Planning Subcommittee for 2010-1.012. • Strive to capitalize on the strengths of the Delray Beach Fire-Rescue Department and resolve the weaknesses as identified through staff and community assessments. • Bring my knowledge of regional and State demographic trends combined with hospital use rate trends to plan. for EMS services in keeping with the community's growth. • Identify opportuzuties for EMS personnel to further improve pre-hospital emergency services to the citizens of Delray Beach. • Work with EMS personnel and administration to mitigate the threat of financial pressures. My proposal for EMS education at Delray Beach Fixe-Rescue is one such strategy. I have leadership experience in strategic planning for both short and long-terra time frames. T also have experience strategic planning within the EMS system; I am a member of the Palrn Beach County EMS Grants Committee that oversees short and long term planning for Palm. Beach County's EMS Departments. As EMS Director of Delray Beach Fire-Rescue Department, I will be able to represent the interests of Delray Beach on a continual basis at the planning table. As Bethesda Memorial Hospital's Emergency Department Medical Director, I directed the planning that successfully focused on improvements in ED turn- around times for EMS. I lead the collaborative planning team to improve communications for cardiac alerts, ultimately ir~n.proving patient care for the communities served by Delray Beach, Boynton Beach, and Pahn Beach County EMS Departments. As a result of our efforts, the Boynton Beach EMS Department installed EKG machines in RFP No. 2010-38 EMS Medicai Director - Dr. Craig Kushsur - 22d their emergency vehicles to enable electronic transmission of Cardiac Alerts from the field and significantly reduce patients' "door to balloon" times. The machines were purchased by the hospital far the EMS vehicles, and I assisted with the training program to ensure EMS personnel were certified in the use of the machines. The program has been so successful that our plannung group provided funding to install EKG software far machines in the Delray Fire- Rescue vehicles. I was instrumental in facilitating the induced hypothermia program with Boynton Beach EMS and Bethesda. We were the first to implement a collaborative strategy with EMS to improve patient outcomes through induced hypothermia and protocols far the program. Once again, this strategy has been so successful that planning efforts are underway to study expansion of the program to include pediatric and stroke patients. 6. MCA Disaster MedicinelDisaster Training Mass casualty incidents are a chaotic experience even for the well trained and experienced EMS provider. Continuous training with an experienced leader who fully understands each team member's role in the incident command system is essential. My experience will lend itselfwell to this position. • I was the ED leader at Bethesda for the County-wide disaster drill for which Bethesda was the host site for the past two years. • I attended the mass casualty training session on Pike Road as part of the H.E.A.T. conference. • I was involved in the preparation for a mass casualty from a capsized boat in 2009. ^ I lead the team that was fully prepared for mass patient influx following the Haiti earthquake in 2010 • I was a member of the HAZMAT team with Jacksonville Fire & Rescue during my residency. 7. Patient Advocate im the EMS Division As EMS Medical Director, I will: ^ Routinely update protocols to ensure evidence based pre-hospital care. • Address aspects of patient care such as rapid continuous CPR, insertion of larger lines and deeper chest compressions (when not using automatic pulses}. ^ Personally fallow up on patient corrrplaints. • Promote a culture that instills a commitment to providing excellent customer service and professionalism among EMS personnel and our community. Patient advocacy is a consistent and daily part of my role as an Emergency Physician. I provide constant Feedback to physicians, nursing staff and EMS personnel regarding the care of patients. RFC No. 20t 0-38 EMS Medical Director - Dr. Craig Kushzlir - 22e 8. Monitoring of radio transmissions and dispatch communication As EMS Medical Director, I will: • Oversee the Emergency Medical Dispatch System • Meet with local hospitals to ensure effective radio communications • Be available daily by cell phone and pager. • Monitor EMS communications over the radio. • Attend local calls as required when radio dispatch indicates that the presence of a physician would be beneficial to a specific rescue call. I am fully aware of dispatch protocols and processes. I have an understanding of the complexities of EMS calls, the challenges that the pre-hospital provider encounters in the f eld and the importance of nr~utual understanding between the hospital and pre-hospital provider. Tam aware of the many variables that at times seem to delay calls and patient transports. 9. ManagementlSupervision o£ Paramedics amd EMTs As EMS Medical Director, I will: • Ensure regular instruction and lectures. • Work with EMS personnel to ensure compliance with departmental policies and procedures. • Attend regular staff meetings. • Ensure that all EMTs and paramedics are trained in the use of trauma scoring as laid out by Rule b4J-2.004, F.A.C. far adult trauma and Rule b4J-2.005. F.A.C. for pediatric trauma. • Address any patient complaints regarding staff performance immediately. • Make recommendations to the Fire Chief regarding medical infractions. As Medical Director of Bethesda's Emergency Department, I have direct management/ supezvision experience. ]. Q. Community Representation and Leadership As EMS Medical Director, I will: • Continue to be an active participant in monthly EMS Advisory Council's Strategic Planning Subcommittee meetings, County EMS Medical Directors'. Forums, EMS Medical Providers, County EMS Advisory Council, Grant's Committee, Awards banquets, Fund Raisers, etc. • Continue to make myself available for community education/lectures. • Ensure that Delray Beach Fire-Rescue personnel continue to provide the most appropriate medical care for the patient and family support during every call. • Continue to speak to community groups to educate the public about health and safety so that they can know when to call for emergency intervention. RFP No. 2010-38 1JMS Medical Director - Dx. Craig Kushzvr - 22f MEd~CAL PROFESSIONAL (C) PROFKLE INSERT Please see at#ached pages 23a = 23b. RFP No. 2010-38 EMS Medica} Direc#or Page ~ 23 C. Pro~i1~ _;~~. ~:~ r I.3r•. (:'r~ri~ I~zr.sl3iirr• 1?.t~. In any busy ED, it is essential that there is a collaborative working relationship between ED physicians, ED staff and EMS personnel. I understand the dynamics of providing care in an ever-changing environment with unknown variables, and I have worked diligently to ensure effective working relationships with the EMS services of Delray Beach, Boynton Beach and Palm Beach County. open and clear communications ensure that a patient receives the best quality of care. I am confident that I can help lead the talented and dedicated staff of the City of Delray Beach through the current and future challenges facing Fire-Rescue Departments across the County, and maintain the excellent services far which Delray Fire- Rescue is known. I have been an attending Emergency Department Physician at Bethesda Memorial Hospital since graduating from my residency at Shards Jacksonville/Gainesville Department ofEmergency Medicine at the University of Florida since 200. In 2008, I was appointed Medical Director at Bethesda Memorial Hospital. Since assuming this race, the ED has experienced significant growth and imprave~nent in many of its quality and efficiency measures. I have a demonstrated track record of success in organizational management, quality assurance/improvement, strategic planning and operational efficiency. I fully understand pre-hospital and hospital-based emergency care. I know what is expected of the EMS Medical Director and I am capable and willing to dedicate my time and energy to meeting these responsibilities. I am also a resident of Delray Beach and I love my city. I welcome the opportunity to work for my city and help make emergency care better for our residents. I understand the mandatory educational requirements of EMS personnel. I a~n a certified.. instructor far ACLS, BLS and PALS. I intend to continue to be an active rider on rescue as I reside only 2 miles away from Delray Fire-Rescue Headquarters, which enables me to be available to assist the crews from the various stations. My experience, training and dixect contact have given me fu-sthand knowledge of the challenges EMS personnel face an a daily basis. I believe that in order to be an effective leader, it is essential to have firsthand knowledge and understanding of the daily operation. As EMS Medical Director, I will provide a unique opportunity to Delray's EMS personnel, as Bethesda Memorial Hospital has agreed to support a variety of educational opportunities. I will be able to ensure that all of Delray Fire-Rescue's 124 members have access to in-house training an applicable protocols, as well as State-mandated certification/recertifcotion maintenance classes. Furthermore, by coordinating education beyond the mandatary requirements, I will be able to enhance the competencies and confdence ofDelray Beach's EMS personnel. RFY No. 2014-38 EMS Medieat Director - Dr. Craig Kusluur - 23a EMS personnel will be able to rotate through the ORs at BMH alongside the anesthesiologists to perfect intubating techniques and learn how to use alternative airway devices. EMS personnel will be able to work alongside ED physicians (including myself) for further training in critical care. BMH's ED features 14 Board Certif ed emergency- trained physicians prepared to provide additional training and lecturing. • BMH cardiologist(s) will provide a regular EKG reading course. • I will schedule educational symposiums on topics such as stroke, cardiac interventions, airway management, STEMI, etc. at the local hospitals and at the Delray Fire--Rescue stations. Sessions will include participation from EMS personnel and physicians to ensure interactive discussions on the skills and competencies essential to pre-hospital care. I will personally provide the instruction or schedule qualified lecturers to participate so as to avoid hiring outside consultants. Bethesda has already agreed to be available to host educational symposiums as requested. I will follow up with the other local hospital(s) to negotiate similar arrangement(s). • I will introduce aride-along program for nurses, physicians, and medical residents to further improve communications, competencies and collaborative problem solving. • As a certified instructor, I will offer an annual advanced airway course that will include techniques for endotracheal and non-endotracheal techniques, thereby eliminating the need to outsource this function. I truly believe that my approach to education for the Delray Beach Fire-Rescue Department will enhance the educational opportunities for EMS personnel and ultimately improve patient care for the residents and visitors of Delray Beach, Highland Beach and Gulf Stream. Educational Partrzer - Bethesda Memorial Hospital (BMH) - Backgr-ourxd . Bethesda Memorial Hospital is a 401 bed, not-for-profit community hospital that has served the communities of Delray Beach, Boynton Beach, and Lake Worth since 1959. Today, the Hospital has more than S00 Board Certified physicians and 2,300 employees. The 4fi-bed Emergency Department is the second busiest in Palm Beach County, caring for more than 58,000 patients each year. Bethesda provides inpatient care for approximately 20,000 patients annually and is the only local hospital to provide inpatient pediatric, neonatal and obstetrical care. Bethesda has long been involved in graduate medical education with 30 medical students assigned to BMH at any given time. This figure is expected to grow to 75 medical students and residents as BMH's affiliations with the University of Miami and Florida Atlantic University Medical Schools are fully implemented. BMH is willing and qualified to assist with EMS personnel training. RFP No. 201[1-3$ EMS Medical Director - Dr. Craig Kusluiu' -. 23b ~f EpI~,L PR®FES~I~~'I~L Please see attached page 24. RFP No. 2010-38 EMS Medical Director Page ~ 24 D. Proposal YEAR 1. Oct 1, 2010- Se t 30 2011 YEAR 2 Oct 1, ZOll- Se t 30 ZOIZ YEAR 3 Oct 1, ZOIZ-- 5`e t 30 2013 LABOR COST Medical Director Fee $ 22,000 $22,000 $22,000 Medical Director Meeting Attendance $0 $0 $0 Protocol Training far EMS Personnel $0 $0 $0 Annual Advanced Airway Course $0 $0 $0 to include techniques for endotf•acheal and non-eradotracheaC techniques EMS Anesthesia Rotation $0 $0 $0 EMS Emergency Department Rotation $0 $0 $0 Annual EKG Reading Course $0 $0 $0 To be offered by a Board Certified Cardiologist Educational Symposiums $0 $0 $0 (stroke, cardiac interventions, airway management, STEM1, etc.) Ride Along Program. $0 $0 $0 to include nurses, physicians and medical students TRAVEL COST Quarterly Bureau of EMS State Meeting Attendance $0 $0 $0 Annual National EMS Conference Attendance $0 $0 $0 County EMS Medical Directors' Forum Attendance $0 $0 $0 EMS Advisory Council Attendance $0 $0 $0 OVERHEAD COST $0 $0 $0 TOTAL COST $22,000 $22,000 $22,000 Profit 0% 0% 0% RFC No. 2D1©-38 DMS Medical Director - Dr. Craig Kushnar - 24 ~E~~~#~. PR®~ESS!®~IAL (E) IREFEIRE1i~ES 1~SER'I` Pease see attached page 25. R~'P No. 2x10-38 EMS Medzca! Director Page ~ 25 E. l~~f~ren~es -Professional I. William. Bingham CFO, EFO Director Fire Rescue Services- Boynton Beach 2080 High Ridge Road Boynton Beach, FL 33426 Offiee Phone Number: {561}'142-6329 2. Jirn Byrnes, M.D. Chief of Medical Staff, Bethesda Memorial Hospital 237 George Bush Blvd., Delray Beach, FL 33444-4034 Mobile Phone Number: (561) 441-51.54 3. David Schillinger, M.D. President/ Chief Medical Officer, Hospital Physician Partners 3107 Stirling Rd., Suite 300 Fort Lauderdale, FL 33312 Mobile Phone Number: (305} 495-61.78 RFP No. 2©10-38 EMS Medical Director - Dz. Craig Kushnir - 25 (~ ~A®~R~P~IY" ~~SER.7` Please see attached pages 26a -~ 26b. RFP No_ 2010-38 EMS Medical Director Page ~ 26 F. Bo~~a~al~~ -Current Curt'culum Vote CRAIG BENJAMIN KUSIINIR, D.O., FACEP, FAAEM MD Board Certified Errsergency Medicine 3b5 SE 6~~` Ave. Unit #5-301 Delray Beach, FL 334$3 Sbl.b54.1255 craigl23(c~aol.com MEDICAL TRAINING Residency: University of Florida Emergency Medicine Residency, Shands- Jacksanville/ Gainesville, FL 2001-2004 Chairman Journal Club 2002-2004 Internship: St. Vincent Mercy Medical Center, Toledo, OH 2000-2001 EDUCATION Medical School University of New England College of Osteopathic Medicine Biddeford, Maine Degree: D.O. #OS8707 GPA: 3.6014.0 1996-2000 Postgraduate: University of Florida Gainesville, Florida Biochemistry PhD Track GPA: 4.014.0 1994-1995 Undergraduate: Miami University Oxford, Ohio Major: Pre-Medicine GPA: 3.514.0 PROFESSIONAL EXPERIENCE Hospital_ Bethesda Memorial Hospital Atterzdirag Pliysiciara ^ Medical Director ^ Medical Executive Committee of Hospital = Chair, Emergency Medicine Cornxxzittee = Director of EMS relations ^ Cardiovascular Committee 200--Present 2008-Present 2008-Present 2008-Present 2008-Present 2005-Present RFP No. 201Q-3$ PMS Medical Director - Dr. Craig Kushnir - 26a ^ Pharmacy and Therapeutics ^ Radiology Coxx~n~_ittee ^ Laboratory Committee ^ Quality Improvement Committee ^ Environment of Care Committee EMS: ^ EMS Advisory Council Member = Grants Camrriittee = Medical Providers ^ EMS Advisory Cauncil Attendee ^ EMS Advisory Cauncil Strategic Planning Subcommitee 2D08-Present 200$-Present 200$-Present 2006-Present 2006-2007 appointed June 2010 2010-Present 2009-Present 2009-Present 2010-Present PRESENTATIONS: ^ "The Acute Stroke- APre-Hospital Analysis," EMS H.E.A.T. Conference, February 2010 ^ "Improvements in the Emergency Department," Medical Staff Meeting, Bethesda Memorial Hospital, May 2009. _ "Emergency Wound Management," University of Florida Shands -Jacksonville, August 2003 _ "Emergency Medicine- Shack," University of Florida Shands-Gainesville, April 2003 _ "Lymphadenapathy Evaluation in the Emergency Department," University of Flarida Shands-Jacksonville, November 2002 ^ "B1unt Abdominal Trauma," University of Florida Shands Jacksonville, August 2002 PROFESSIONAL AFFILIATIONS: = Diplomat/Fellow Axerican Board of Emergency Medicine and American Academy of Emergency Medicine = Palm Beach Medical Society PERSONAL INTERESTS: ^ Golfing ^ Running ^ Snowboarding ^ Scuba Diving RFP No. 2010-38 EMS Medical Director - Dr. Craig Kushnir - 26b iM1E®~C~L PRA~F~SS~®N~IL (A) /~RR~T~A~~L ~aFAR~9I,~141'AW 1MSERT Pfease see attached pages 27a -- 27c. RFP Na. 20t0-38 EMS Medical Director T'age ~ 27 G. Additional Inforzn,ation 1 Mandata Quali rcation MET Detail i State of Florida Medical Doctor's License ,,,~ OS 8707 ii ACLS Certification ,,~ Renewal Date: 5-2012 ACLS Instructor Certification ~ Renewal Date: 5-2012 iii PALS Certification ~ Renewal Date: 6-2012 PALS Instructor ,~ Renewal Date: 5-2012 iv BLS Certification ~ Renewal Date: 6-2012 BLS Instructor .~ Renewal Date: 5-2012 v Board Certif ed Emergency Physician ~ #35632 vi Employed/ Previously Employed as an Emergency Department Physician ~ Current privileges at Bethesda Memorial Hospital vii Familiarity with the Design and operation of an EMS Division ,~ Level 1 Trauma Center experience 2 Hi hl Desirable Quali acation MET Detail i Pre-hospital Trauma Life Support ~ ATLS certification CS#-29139 (~fD version of PHL.TS) ii Maintain Privileges/ affiliation with one of the ~ Current privileges with local facilities Bethesda Memorial Hospital iii Knowledge of EMS laws and regulations ~ Thorough review of Chapter 401 of the State Statutes and Rule 64J- 1.004 iv EMS Convnunications!Dispitch Knowledge ~ Thorough knowledge of off line and on line communications at the hospital ED v Patient advocate in the EMS Division .,t An extension of my current patient advocacy role as ED Medical Director and a practicing ED physician 3 Desirable Quali acatio~i Status Detail i Currently Living in the City of Delray Beach ~ I live on SE 6 Avenue ii Experience in EMS Strategic Planning „~ Thorough understanding of strategic planning RFP No. 2QI D-38 PMS Medical Director - Dr. Craig Kushnir - 27a July 'I , 2010 Gounty Administratian P.0. 13ox 1989 West Palm Heach, PL 33402-39$9 {551) 355-2030 FAX: (561) 355-3982 www pbcgov.cnrn ^ )'alrn Beach County Beard of County Commissioners Burt Aaronson, Chair Karen T. lY+arcus, Vice Chav jeFf ]loons She3ley Vana Steven L. Abrams Jess R. Santamaria Priscilla A. Taylor Coeexety Administrator Robert Weisman ;rn mar opporrunry iq~T77R21TNe rFC11Q7f Ei]fflloyo'- printed on recycled paper Dr. Craig B. Kushnir . Emergency Room Physician _ Bethesda Memorial Hospital 2815 5eacrest Boulevard Boynton Beach, Florida 33465 RE: EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL Dear Dr. Kushnir: l am pleased to inform you that at its Jane 29, 2010 Meeting, the.Board of County Commissioners appointed you to the EMERGENCY ME©1CAL SERVICES ADVISORY COUNCIL. This appointment is for the term June 29, 2010, to April 19, 2012. A!I appointees to this Authority serve at the pleasure of the Board of County Commissioners. AS Such, the Commission reseNes the right to adjust appointments as it deems necessary. On behalf ~of the Palm Beach County Board of County Commissioners, l world like to congratulate you on your appointment to this Board and wish you every success in the future_ If you have any questions regarding this appointment, please contact Sally Waite, Emergency Medical Services Section/Public Safety Department at (56'1) 712-6484. Sincerely, ~L.~~ 1 /~ Robert Wei man County Administrator RW:pah Enclosure c: Sally Waite, Manager, Emergency Medical Services Section RFP No_ 2fl 10-38 EivMS Medical I?irectar Page J 27b 4. Statement of Declaration I, Craig B,.Kushnir, D.O. have reviewed the Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and other pertinent informatiar~ and understand and agree to abide by the terms and conditions stated thererin. ` ~~ "Y ~../ 4~ Craig B. Kushnir, D.O. RFP No. 201.0-38 EMS Medical Director - Dr. Craig Kusl~nir - 27c MEMORANDUM TO: Mayor and City Commissioners FROM: Clayton A. Gilbert, Building Maintenance Superintendent THROUGH: Richard C. Hasko, P.E., Director of Environmental Services DATE: January 19, 2011 SUBJECT: AGENDA ITEM 8.M.4 -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 CONTRACT AWARDS/MUNICIPAL LIGHTING ITEM BEFORE COMMISSION This agenda item is for approval of a contract award to Municipal Lighting for the purchase of ten decorative street light poles and LED fixtures, in the amount of $44,375.00. BACKGROUND The section of East Atlantic Avenue between Swinton Avenue and the Intracoastal Waterway includes decorative street lights on metal poles. These metal poles have begun to rust and corrode. The current standard for decorative light poles is spun concrete, which has a much longer life span than the metal poles. This project is the first phase in a multiple phased project to replace all the metal decorative poles along East Atlantic Avenue with spun concrete poles and high efficient LED street lights. This first phase will replace the decorative poles between Swinton Avenue and SE/NE 1st Avenue. The attached proposal, in the amount of $44,375.00, was submitted from Municipal Lighting. Municipal Lighting is the sole source provider of decorative street light poles and fixtures to the City of Delray Beach. FUNDING SOURCE Funding is available from capital account code 334-3162-541-46.14 Project # 2010-013. RECOMMENDATION Staff recommends award to Municipal Lighting for street lighting standards, lamps, LED's, brackets and banner arms in the amount of $44,375.00. Gilbert, Cla ton From: Scott Stefan (sstefan@themisgroup.com] Sent: Tuesday, November 09, 2010 12:08 PM To: Gilbert, Clayton Subject: Ftl=: Additional info-Atlantic Ave quotation Attachments. image001.jpg Clayton, Adder fior Lumec 555 - 90 watt LED fixture City standard is: $360.00 x 14= $5,040.00 Deduct for lamp: ($25.00] x 14= ($350.00] Adder to quote below for LED fixtures: $4,690.00 Total quote with LEC3 fixture would be: $44,375,00 Scott Stefan V.P. ~..J ~.• 9673 Campi Drive Lake Worth, Florida 33467 3'el.: (561] 641-5301 Fax: (561] 641-5342 Cell: (954]-401.-5314 IFram: Gilbert, Clayton (maiito:Gilbert mydelraybeach,coml Sent: Tuesday, November 09, 2010 11:56 AM To: `sstefan@themisgraup.com` Subject: RF: Additional info- Atlantic Ave quotation Yes, please. From: Scott Stefan ~mailto:sstefan@themisgroup.coml Sent: Tuesday, November 09, 2010 10:54 AM To: Gilbert, Clayton Subject: Additional info- Atlantic Ave quotation Da you want an adder for LED fixtures? Scott Stefan V.P. 9673 Campi Drive Lake Worth, Florida 33467 Tei.: (561) 641-5301 Fax: (561} 641-5302 1 Cell: (954)-401-531.4 From: Scott Stefan .[rnailto:sstefanCn~themisgroup.com] Seat: Tuesday, November 09, 2010 10:53 AM To: Clayton Gilbert Subject: Atlantic Ave quotation Clayton, Per our conversation I have priced 6 pole assemblies with single fixture and 4 pole assemblies with twin fixtures. This will satisfy 1 black. Pricing is as follows; Qty Description 10 Pole: Ameron Co. Cat. #VBR4.6(4131)T6MOD, decorative concrete round anchor base type, Amershield anti- graffiti coating, pale top tenon to match fixture requirements 4" dia x 4" long, GFCI duplex receptacle with WP cover, (2) %" threaded pole inserts for banner arms, freight included Price: $2,310.00 x 10= $23,100.00 14 Fixture: Lumec Co. Cat. #555-150MFI-GL-DSX3-240V-SFOK-HE-GN6TX, freight included, lamp included Price: $935.00 x 14= $13,090.00 4 Twin bracket: Lumec Co. Cat. #CRA-2-GN6TX Price: $410.00 x 4= $1,640.00 10 Top banner arm non-break-a-way type Vertex Illuminations of America Cat. #FCL-NBA524-RAL6016 Price: $38.00 x 10= $380A0 10 Bottom banner arm break-a-way type Vertex Illuminations Of America Cat. #FCL-#3AS24-RAL6016 Price: $89.00 x 10= $890.00 Freight charge banner arms Price: $35.00 4Q All threaded rod- 7/S" dia x 15" long galvanized steel with 2 nuts/2 washers Price: $11.25 x 40= $450.00 1 Freight for threaded rod Price: $100.00 Total quotation: $39,685.00 Notes: 1. All Ameron material is same as previously supplied throughout Delray with the exception of pole is now anchor base type instead of direct burial type. 2. All Lumec material is same as previously supplied on West Atlantic Avenue, West of Swinton and just east of 195. 3. Wind load calculations signed & sealed by Florida P.E. is not included. If required add $600.00 to quotation total amount. 4. Prior to mounting new anchor base pales contractor must remove existing steel poles on existing concrete foundation. Contractor must cut existing anchor baits to be flush with top of concrete foundation. Contractor will drill existing foundation at new locations and epoxy new all threaded rod (provided in this quotation) in foundation. Use of Simpson strong-tie epoxy or equal shall be provided by the contractor. 5. Lead-time for poles, fixtures, brackets are 8-10 weeks. All threaded rod 1-2 weeks. Banner arms 1- 2 weeks. 6. Quotation valid for 60 days. 7. Terms net 30 days. Scokk Skefan V.P. ~~qrc~~, ~~. 9673 Campi Drive Lake Worth, Florida 33467 Tel.: X561) 641-5301 Fax: (561J 641-5302 Cell: (954)-401-5314 01/27/2011 THU 10:51 FAX 561 fi41 5302 Municipal Ltd Systems A~RO~N INTBftNATIONAL PO~i~ $itOD~1CTS D~41~ ~BGO EICCtP0~11C8IyflYC .~111A1S~Ofi~ ~, ~~~~ ~3tCIiiCt; WWW.@~1CI01k-r,Of,1fl1 January 27, 2411 1vlr. Clayton filbert City Of Delray Leach 434 South Swinton Avenue Delray ~Beackr, k'lorida 33444 Dear IVIr. Gi16ert, f~ 0011003 Municipal I~ightin~ Systems, Inc. is the exclusive represezatativc, untier contract, for sales of Ameron Pole products in South k'loz7ida. Please contact Mr. Scott Stefan in theiz Palm Beach County office for information including pricing of our product offerings. Thazalc you for your interest in concrete poles a~ad other lighting accessories. Very trul yours, ~~~ e M k National Sales Manger CC: Muncipal Lighting Systetns,lnc- Scott Stefan 01/27/2011 THU 10:51 FAX 561 fi41 5302 Municipal Ltd Systel~s January 27, 2011 Mr. Slayton Gilbert pity Of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 bear Mr. Gilbert: Municipal Lighting Systems, Inc, with offices located in Lake Worth and Miami Florida is Vertex Illumination Of Arncrica, Inc. (VIA) exclusive representative for sales of our product in Florida. The contact person at Municipal Lighting is Mr. Scott Stefan. He is located in the Lake Worth office. ~Ie ea;rtbe contacted at 561-641-5301. We thank yc7u for your interest in VIA produc#s. Sincerely, ~~ c} P Veztex Illumination Of Arncrica, Inc. CC: Scott Stefan [~ 002/003 7a35A W 47t~' street • Miami, Florida X755 rei.: ~~a~~ sss-4 ~ o -Fax: ~3a5) ~~~-42 ~ ~ 01/27/2011 THU 10:51 FAX 561 fi41 5302 Municipal Ltd Systems Mr Clayton Gilbert City of Delray Beach 434 South Swinton Avenue Delray Beach, Florida 33444 United Sxates Dear Mr. Gilbert, f~ 0031003 PHILIPS Philips Ligh#ing 64fj, ~~r~-Bprym, gols6rland (Q~~Iree) Canada, J7G 2A7 TGI; 4SR,§74-7090 Fax 4s0.43a-ws3 www.lumec.com January 2b~ 201 I Please be notified that Philips Lumec s exclusive representative and sale supplier far Southeast Florida is Municipal Lighting Systems, Inc. They represent all products from our company, including light poles, fixtures, globes, decorative bollards and mounting arm brackets. Please feet free to conxaet Mr. Scotx Stefan at their office should you have any questions or require any assistance with our product offering. You can contact Municipal Lighting Systems at (561) 641-5301. Sincerely yours, ~~ Mark Dean Philips LumeC U.S. Sales and marketing V.P. CC; Scott Stefan, Municipal Lighting Systems, Inc. ~'18~.~1~6~ MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: December 29, 2010 SUBJECT: AGENDA ITEM 8.M.5 -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 PURCHASE AWARD/FERGUSON ENTERPRISES, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a purchase award in the total amount of $93,335.56 to Ferguson Enterprises, Inc. for piping materials to be installed by the City's In-house construction crew for the SW 3rd St. and SW 6th Ave. Water Main Upgrade Project #2003-052. BACKGROUND The scope of work consists of the construction of 5,480 linear feet of 8 inch PVC Water Main and 60 linear feet of 6 inch PVC Water Main, 26 valves, 3 fire hydrants, and water service connections to the new main. The project also includes sodded swales, asphalt trench repair, concrete repair, concrete and asphalt driveway apron replacement and maintenance of traffic. The attached location map indicates three (3) phases. The entire project will be constructed. The phases have been identified to minimize resident disruptions and inconvenience by completing the project in sections as follows: Phase I - SW 1st Street and SW 3rd Ave; Phase II - SW 6th Ave.; and Phase III - SW 3rd Street. Staff received quotes from three (3) vendors: HD Supply Waterworks in the amount of $115,287.61, MSC Waterworks in the amount of $95,915.13 and Ferguson Enterprises, Inc. in the amount of $91,142.39. After quotes were received, staff decided to install a Trace Wire with an additional cost of $1,326.77. The Trace Wire is crucial for future Water Main locating. It is difficult to properly locate PVC pipe without a Trace Wire. In addition, the original quote was over 30 days old, as a result there was a slight increase in the PVC pipe prices; for a total increase of $866.44. The revised quote, including the addition of the Trace Wire and the price increase, remains the lowest quote. Therefore, the total amount of the purchase award is: $93,335.56 ($91,142.39 original quote; plus $1,326.77 Tracer Wire; plus $866.40 price increase). Contractual terms and conditions for this material purchase award are in accordance with the North Miami Pre-Qualified Government purchasing cooperative contract No. IFB#15-09-10 and supplement. FUNDING SOURCE Funding is available from 442-5178-536-68.62 (Water/Sewer Renewal & Replacement Fundllmprovements Other/SW 3 St & 6 Ave WM Upgrade); after Fiscal Year Rollover. RECOMMENDATION Staff recommends approval of a purchase award in the total amount of $93,335.56 to Ferguson Enterprises, Inc. for various piping materials to be installed by the City's in-house construction crew for the SW 3rd St. and 6th Ave. Water Main Upgrade Project. Jan, 6, 2011 1.52PM FE~GISQN ~V~ 954-969-0095 FEI-POMPANO BEACH VJW #125 FERGUS~N 195U NW 18TH STREET ENTERPRl~ES, POMPANO BEACH, FL 33089-1344 INC. t3:3A:54 JAN 06 2011 Bld ND.,..,..; B16$476 Bid Date....: 1 V t e/1© Quoted 6y.: JM Customer; CITY Of Df=CRAY BEACH lOQ i\!W 1sT AVENUE DELRAY BEACH, FL 33444 Cust Pp#...: DELRAY Page # 1 Cusf PharTe; 561-243-7t30 Terms....,...: NET LOTH PROX Ship ro: CITY OF 17ELRAY BEACH 1~ NW 1ST AVENUE DELRAY BEACH, FL 33444 Job Npme, IIBrn Description 9uantity Net PdG9 UM Totg1 F>:RGIJ50N WATERWORKS ~~ PROJECT NAME: SW 1ST STRf~ET, SW 3RD ST, SW 6TH AVE, SW 3RD AVE' WATERMAW IMPROVEMENTS PN 2003-052 ••a•aa •t.•frf •.••r••r •~e.~ ®UOTE VALID FOR ORDER ~BY 2,01.11 ORDER Mt1ST BE RELEASED BY 2,x1.11 •MUST SNIP BY 2.15.11 DR1aBPX 8 C900 DR18 PVC GJ BLUE PIPE 5400 5.860 FT 31644.00 DR188PLI 6 C90(t DRl$ PVC GJ BLUE PIPE b0 3.440 1=T 20d.4D SPVPCB 8 SIGMA BELL REST Fi C900'PVLOK 77 52.570 EA 4047.a9 MJTLAX 8 MJ Ct53 TEE L/A 1 86.950 EA 86.95 MJLSLAX 8x]2 MJ C153 LONCC SLV L/A 2 46.060 EA 92.12 MJ4LAX 8 M,{ 0153 45 BEND LIA 20 47.D00 EA 940,©0 MJGRLAX 8 MJ Ct53 CRS L/A 2 80.840 EA 161.b8 MJ91AX 8 MJ C153 90 BEND L/A b 58.990 EA 353.94 MJRLAXU 8X6 MJ Ct53 RED LEA 7 3$.3]0 EA 26$.17 MJTPXK 8X2 MJ C153 TAP PLUG 12 43,4$0 EA 521,76 MJSPX 8 MJ Ci53 SLD PWG 4 34A80 EA 136.32 No. 5020 P. 1 Deliv6t To: Frnm: aenjamin JsCObs Cn-nmenls: FERGUSON ENTERPRISES. INC, FEI-Pb3VIPANO BEACH, FL WVJ #125 Price Quotation Phone :454-973-8100 Fax :954-917-3134 Jan. 6. 20 ~ i l '. 52P1~ F E RGlJSO~f WW 954-960-0095 No, 5020 P. 2 Frr~~f`RGUSON FERGUSON ENTERPRISES, INC. LI~iT~~PR~fy`~~`r Fi=1-POMPANO BEACH, FL WW #125 ~~~~ Prlee 610otatlon Pala # 2 Phpne :954-973-8100 13:34:54 JAN 06 2011 Fqx ; 954-917-3734 keference No: B16847b Ilern Description 9uontity Net Plice UM Tottll MJSTLAXU 8X6 MJ CT53 SWVL TEE L!A y -~ ~ 4 83.904 EA 335.60 FFTSS7106 bXb ss TAP sLV 6.9aa.1 n 7 3az.d4o EA 2398.49 AFC2506TMLAOL d MJ RW DI OLT1aPN VLV L/A 7 541.$40 @A 3792,89 1461SW 2PC 5C CI VLV BX 19.22 WTR 7 40,Q00 EA 280,00 AFC2506JViMLAOL 6 MJ RW DI OL GATE VLV L{A 9 388,440 EA 1553.76 ldb1SW 2PC 5C CI VLV BX 19-22 WTR 4 40.000 EA 1b0.00 AFC2508MMLAOL 8 MJ RW DI OL GATI: VLV L/A 22 618.280 EA 13402.14 SSLCB 8 PVC WDG RESTGLND'ONELOK 132 34.820 EA a0d8.24 IMJBGP7C 8 MJ C153 ACCY PK L/ GLAND 132 8.500 EA 1122.00 IMJBGPX 8 MJ C153 ACCY PK i.! GLANp 13 8.500 EA 110.50 SSLCb 6 PVC WDG REST GI,ND 'ONEt,OK 12 20.670 5A 248.04 IMJBGPU 6 MJ C153 gCCY PK L/ GLAND 12 8.000. EA 46,0(7 IMJBGPU d MJ C153 ACCY PK L/ GLAND 15 8.000 EA 120.00 PEC9BG]QO 1X100 CTSSDR9 HDPE PIPE BLUE 2D0~ 1b00 ,3S I"I' 560.00 PEC9BJ100 1-1/2X10D CTS SDR4 HDPE BLUE 20D# !00 .7S FT 300.00 FFB10004G 1 CC X CTS GRIP BALL CORP ST 73 32.420 EA ~ 2381,26 FFB1004b 1-1/2 CC X CTS PJ BALL CORP ST 73 66.830 EA 848.79 FFB1b004 1 CC X Flp BALL COCiP ST 72 27.470 EA 324.64 F8.43342WG 1 C7S X 3{4 GRIP MTR BALL CURB LW 97 38.270 EA 3706.37 P84B1, 2-112 X 20 FT PVC SCH80 BE PIPE 220 ~ 1,'75 F~ 385,[70 F"Y44264G 1-i/2Xi CTS GRIP COMP WYE Bf2CH 73 42,840 i:A 556.92 R202N090841 8X1 CC DBL SS STRP NYL SDL 9.05 70 55,020 i~A 3851.40 R242N444561 8X1-1/2 CC DBL SS STRP NYLSOL 13 58,650 EA 762.A5 >=FAST9a58 $X8 A1,L SS TA P SLV 9.05-9.45 2 628,910 IrA 1257. B2 AFC2548TMLAOL 8 MJ RW pl OL TAPN VI,V L/A ~ 4 844,960 f=A 3219.84 FFB 1104rC 2 MIP X CTS GRIP BALL CoRP ST 11 114.540 EA 1215.9a IBRCPLlJGK 2 BRS S6~ HD CORED PLUG 8 7.000 1=A x,00 FFTS521608 20X8 SS TAP SLV 21.20-21,60 2 919.510 EA 1834.02 R202N069041 bXl CC D8L SS STRAP-NYLON 2 47.374 EA 94.62 FFB1p407G 2 CC X CTS GRIP BALL CORD 5T 2 110.540 EA 22T.08 AFCBB4BLAOLNCHW 5{14 VO BSaB HYD 3'd OL LjA CHW 3 1050.000 EA 3154.00 pOLYPIGYBSI O 10 YELL 13ACtE SWAB POLY PIG 3 35,000 EA 105.00 FINSFRT52 1 INSSTIFFFNER Fj CTS 200 1.070 EA 274.00 FINSERT54 1-lf2INS STIFFENER F/ CTS 25 1.a74 FA 36.76 • P84B1C 2 X 20 FT PVC SCH80 BE PIP£ 500 ,65 ~ 425.00 HDU(k53 3X1000 FT DET TAPE BL1C/BLUE W1R .......................... 5 25,OW EA 125.00 SiJPPLEMENTARY ITEM TNHNI4STRBL W]RE lO THHN STRND COP BLUE 5500 ,24123 F"1' • 13?.6.77 Jan. 6. 2011 1.52PM ~RGSO~ WW 954-960-0095 FERGUS~N ErrN~/T~ERRRISE~, ~1Mir^ 13;34:54 JAN Ob Zf3l 1 FERGUS4N ENTERPRISES, INC. FJ=1-POMPANO BEACH. FL WW #125 PfiC9 QUofiation Pone :954973-8700 Fax :954917-3134 ~eferance NA; 6168476 ~0 5020 P. 3 Page # 3 Net To~ai; 93335.5_5 TaX: 0,00 Total: 93335,56 6tuoted prlCPS are baS~d upon receipt Of the total quantity faf immedlgte shipment (48 hours). SHIAMENTS BEYOND 46 HOURS SHALL BE A77HE Aft1CE IN EFFECT A7 T1ME Ol± SHIPMENT UNLE55 NO"fEa OTHERWISE. Seller nafi responsi~ts far delays. lack of product or increase of ...r..~.,r, .-i~,~., +,~, ~,~,~ ~~Ae l~cvnnrl nt ~r r-,-,n+rnl _ nnr~lAf hnsari ~nan Lacal. S1a1B and FBdBTaI IaWS S~OVArnIn~ iypa Of pTaduCfS #E1afi Con be Said Gav# Sayers: Afl It9ms are open mark6t unless noted otherwise, ~o~r~ ~ e • ~ 5400 FT 8" 0900 73R18 ~'-PIPE -BLT3E 5 .75fl0 ~ 31, 050.00 60 ~ FT 6" C90fl DR18 PIPE BLUE 3.52flfl 2aa.20 77 .EA 8" SPLIT BELL REST PVC 1508 55.2004 .4,250.40 1 EA' ~ 8" MST 1'EE 0153 115 .914fl . 116.93 . 2 EA 8" M~3' L0I3G SL33EVS C153 - 61..934(# 123.86 24 EA a" MS 45 C153 b3 . a9flo ~., 263.8fl 2 .LA 8" N1~' CROSS C153 1fl8.68fl4 217.35 6- BA 8" MJ 90 - ~ C353~ 79.3100 475_86 . •7 _ SA 8"X6" MJ REDUCER C1S3 ~ 51.4909 360.43 12- 'EP. 8"X2° M,7 TAPT PLUG 0153 ~ 58.4500 703.40 4 FA 8" 3yf~T PI,23C 0153 - 45 . $100 183 .24 4 _ FA ~8"X6" MJ H~ TEFs C153 112.7904 451.1.6 7 LA 6"X6" H304 TAP SLV 6.89--7.30 581.850fl ~ 4,072.95' W/S8 FLG 7 EA 5" MJ TV ©~L T2360-16 W/ACC 5.07.5200 3.,552.b4 7 EA 461.5 SCREW VLV BdX LESS LII3 18.8500 131.95 7 EA VIfV BOX LID M/G7ATER 6.69flfl 46.83 4 EA 6" MJ G'V O~L F,~360-23 L~ACC 349.784Q 1,399.12 4 ~, EA 4615 SCRESa` VLV BQX LESS LT73 18.8500 75.40 4 EA Vi,11' BOX LID 'M/WATER 6.6900 26.76 - . 22 'EA 8" Mc7, GV OfL A2364-23 L/ACC 557.0804 - 12,255.76 22 BA ~ 4615 SCREW VLV BdX LESS LIB 18.8500 41`1.70' 22 EA VLV BOX LID M~WATE:12 5.6900 147.1.8 132 EA 8" MEGALUG MJ-REST PVC 2008PV 35.3304 •4,663.56 132 F.A' 8° M:7 REGULAR ACC Lk~SS GLAN17 ~ 6.6940 - 883.48 13 EA 8" MJ REGUr.x,u A.CC LESS GLAA7D 6.6904 86.97 12 EA 6!' MEGALUG ~1~7' REST PVC 2006PV 23.8800 286.56 12 EA b"~ MJ REGY7LAR ACC LESS GLAI~TD 5.2240 - 74.b4 - A3.L STOCKDELIVERTES A.R~ SC7BdECF `1'O 51TtPP IIVG CHAi~G~S ~ - Con~in~ed Next Fa~~ ~~ ~ ~ V ~ ~ ~. " 52153$3 11./24f1O~ .2 e • ..e- e ~ to r - ~ • • 15 EA 6" MJ REGULAR ACC LESS GLAND 6.2200 93.30 1600 FT 1"X100' CTS BLUE PE TUBING .4000 640. DD 400 FT 1-1/2"X100' CTS BLUE PS TUBING ~ .950D ~ 380.00 - 73 EA .1" BAT.,L CORP CCXPJC P-250D8 35.0600 2,559.38 13 ~ EA 3.-1~2 BAT,'L CARP CCXP~i'C P-25008 71.8300 933.79 97 EA 1" BALI, VLV PJ'CX.NfS,N P--24350 58.0800 5, 633.76 220 FT 2-1/2" SCH.80 PVC ~PiPE BE` 2.0300 ' 446.60 13 EA 1"X1-1~2" WYE PJCXPJC P-15343• 47.0300 ~ ~ 6.21•.39 70 IAA 8X3. CC 202NS SAL' 8.63--9.45 56.950.0 3, 986.50 - 13 EA 8X1'-1/2 CC 202NS SDL.8.63-9.05 60.6900 788.97 2 EA 8"X8" IT304"TAP SLV •9.04-9.45 .690.1500 .1,380.30. W/T)I FLG . 4 EA 8" MJ TV O/T., T2360-19 L/ACC ~ 725.0X00 2, 900 .•D4~ - 4 ~ .1=;A 4615 SCREW VLV BOX LESS Lila 18.8504 75.40 4 EA 'SIT,V BOX LIB M/WATFlR 6.69D0 26.76 1Z EA 2" AbPT'110CXMZP H-15428 36.4700 403..17 8 FP 2" BRASS PLTFG ~ 6.0000 48.00 2 EA 20X8 H304 TAP SLV 21.40-21.80 1,114.5200 2,229.04 W/SS FLG . 2 EA 6X1 .CC 202NS~SDL 6.b3-b.90 48.9b00 9'7.92 2 EA 2" BALI, CORP CCXPJC P-25008 118.8000• 237.60 3 EA 5-1/4V0 EixD 3'6" 6MJ P/L•A423 1, 191.63D0 3,574.89 L/ACC • 200• EA 1" SS INSER'T' CTS 504385 1.880.0 376.00 25 EA 1-1/2" SS INSERT 5D6139 3.6800 92..00 500 li'T 2" SC~180 PVC PIPE BE GREY 1.1SDD 575.00 5 EA b"X1000' WATER DET TAPE 60.7200 303.60 ' l 2 / C3 #j ! 10 " ~•'' ~'~- vu.t~ ~rc.i r~acira Aacc avnar.~.l l v nac rrn~[ur t,rann~,ra ~ ~ ~ ~ . 0 ~ A3l material is quoted for shipment within 30 days Exl.t" By ~IJY of bid or quote date..After 34 days, ALL quote prices are subject to reviely accardutg to current sip ~ market conditinus ,5ubtoLa3: 9 915.13 fax; - -~-6;24,-~49. Toeal: ~ -~92; 3~49~G~i ... .~... ... ~....f .. ..! _.. __- -. CITY OF DELRAY BEAC~x STOCK 100 NW IST AVE DELRAY BEACH FL 33444 Telephone: 561-243-7000 Fax: 561--243-7.66 HDSWW - W PAL, 3EACH FL W 17th Street Riv~.era Beach FL 334Q4 Telephone: 561-848-4396 Fax: 561-845-7267 12/02/10 Bid ID: 2616027 DRB PN 2003-fl 52 SW 1ST & 3RD ST:PVC Sell Net Line Quantity Per Description Pr~.ce H-D SUPPLY --- WATERWORKS, INC 1101 WEST 17 TH STREET RIVIERA BEACH, FLA. 33404 LOCAL 1-561-848-4396 WATTS 1-800-771--4396 FAX : 1-561-845-7267 PROPOSAL BY JAVIER REEAKHANI _ -THIS IS OUR INTERPRETATION OF THE CUSTOMER BILI, OF MATERIALS THIS PROPOSAL IS BASED ON THE COMPLETE BILL OF MATERIALS ---- OR MUTUALLY AGREED TO SUB-SET PVC/DIP/HOPE PRICE IS PROVIDED ONLY AS A GUIDE FOR ESTIMATING PVC/DIP/HOPE--PRICE PROTECTION: ORDER BY: BZD DATE + 15 DAYS SHIP BY: ORDER DATE + 30 DAYS PRIVATE BID DATE u DATE OF BID MATERIAL SHIPPED BEYOND TERMS: PRICE IN EFFECT WHEN DELIVERED Page 1 Extex~dea Price PVG LEAD TIMES HAVE LENGTHENED gun Date 12/D6/10 HD SUPPLY WATERWORKS, LTD. CITY OF DELRAY BEACh HDSWW - W PALS ,3EACH FL STDCK 1101 W 17t h Street 100 NW 1ST AVE Riviera Be ach FL 33404 DELRAY BEACH FL 33444 Telephone: 561-848-4396 Telephone: 561-243-7040 Fax: 561-845-7267 Fad: 561-243-7166 12/02/10 Bid ID: 2616027 DRB PN 2003-052 SW 1ST & 3RD ST:PVC Page 2 Sell Net Extended Line Quantity Per Description Price Price THANK YOU FDR THE OPPORTUNITY! 20 5400 FT 8 C900 DR18 PVC PIPE BLUE (G} 6.69 36,126.00 MARKINGS PC15D OR PC235 30 60 FT 6 C900 DR18 PVC PIPE BLUE (G) 4.D1 240.60 MARKINGS PC150 OR PC235 40 77 EA UFR1390-C-8-I BELL HARNESS 65.68 5,057.36 0900 50 1 EA 8X8 MJ TEE {13 CP DI 0153 136.90 136.90 60 2 EA $ MJ L/P SLEEVE(I} CP DI C153 72.52 1.45.04 70 20 EA 8 MJ 45 BEND (I} CP DI C1.53 74.00 1,480,00 80 2 EA 8X8 MJ CROSS (I} CP DI C153 127.28 254.56. 90 6 EA 8 MJ 90 BEND(I) CP DI 0153 92.87 557.22 100 7 EA 8X6 MJ REDUCER {I} CP DI 0153 60.31 422.17 110 12 EA 8X2 MJ TAPT PLUG(r} CP DI C153 68.45 821.40 12D 4 EA 8 MJ PLUG {I) CP DI 0153 53.65 214.60 130 4 EA 8X6 MJ ANCHOR TEE{I}CP DI C153 132.09 528.36 140 7 EA FTSS-700-6 6X6 SS TAP SLV 573.58 4,015.06 SS FLG OD 6.63-7.00 150 7 EA 6 F6114 MJ RW TAP VLV DL L/ACC 581..18 4,068.26 160 4 EA 6 F6100 MJ RW GV DL ON L/ACC 460.12 1,840.4$ GLOW GATE VALVE 170 22 EA 8 F6100 MJ RW GV OL ON L/ACC 732.37 16,112.14 CLOW GATE VALVE 180 33 EA 461-5 VALVE BOX COMPLETE 31.12 11026.96 1.90 132 EA 8 MEGALUG C900&IPS RED 2008PV 40.54 5,351.28 200 x.45 EA 8 MJ REGULAR ACC SET L/GLAND 10.07 1!460.15 (LESS GLAND) 210 12 EA 6 MEGALUG C900&IPS RED 2006PV 27.40 328.80 220 27 EA 6 MJ REGULAR ACC SET L/GLAND 9.50 256.50 {LESS GLAND} 230 1600 FT 1X100' BLUE PE TUBING CTS .43 688.00 200 PSI 24D 400 FT 1-1/2X100' PE TUBE 200PSI BLUE .92 368.00 CTS 250 73 EA FB1000--4 1 BALLCORP CCXCTS PJ 42.56 3,106.88 26D 13 EA FB10D0-6 1-1/2 BALLCORP CCXCTS 87.22 1,1.33.86 (CTS) 270 12 EA FB1600-4 1 BALLCORP CCXFIP 35.85 43D.20 CITY OF DELRAY BEACi HDSWW - W PAI.! 3EACH FL STOCK 1141 W 17t Street 100 NW 1ST AVE Riviera Be ach FL 33404 DELRAY BEACH FL 33444 Te3.ephane: 561-84$--4396 Telephone: 56 1-243-7000 Fax: 563.-845-7267 Fax: 56 1-243-7166 3.2/4 2/10 Bid ID: 2616027 DRB PN 2003-052 SW 1ST & 3RD ST:PVC Page 3 Sell Net Extended Line Quantity Per Description Price Price 280 97 EA B43-444W 1 BMV PJ(CTS}XMN LW 68.20 6,615.40 290 224 FT 2-1/2X2D' PVC SCH80 PIPE SWB 2.55 561.DD SOLVENT WELD BELL 300 13 EA Y44-264 1-1/2X1X3. WYE PJ(CTS} 55.90 726.70 310 70 EA 317--090509--000 8X1CC D/S SAD 84.97 5,947.9D EPOXY W/SS STRAPS OD 7.69-9.05 320 13 EA 317-490513-400 8X1-1/2CC SAD 90.59 3.,177.67 EPOXY W/SS STRAPS DD 7.69-9.05 330 2 EA FTSS-905-8 8X8 SS TAP SLV 754.66 1,509.32 SS FLG, OD RANGE 8.63-9.05 340 4 EA 8 F6114 MJ RW TAP VLV OL L/ACC 863.44 3,453.60 350 4 EA 461-5 VALVE BOX COMPLETE 31.12 124.48 364 11 EA C84--77 2 CPLG MIPXPJCTS 43.35 476.85 370 $ EA 2 BRASS SQ HEAD CORED PLUG 7.44 59.52 380 2 EA FTSS 23.64X8 SS TAP SLEEVE 1,177.65 2,355.34 DD 23..2D-21.6D 394 2 EA 317-069009-400 6X1CC D/S SDL 73.08 146.16 EPOXY W/SS STRAPS OD 5.94-6.90 400 2 EA FB1440-7 2 BALLCDRP CCXCTS PJ 144.26 288.52 410 3 EA 5-1/4V0 MED HYD 3'6"B 6MJ LA 1,379.46 4,13$.38 420 3 EA 1D BARE SWAB POLLY PIG 37.56 112.68 430 24D EA 504385 1 CTS SS INSERT F/PE .1,74 348.04 MUE PIPE ID RANGE 0.846--O.B80 440 25 EA 506139 1--1/2 CTS SS INSERT /PE 3.42 85.54 MUE PIPE ID RANGE 1.221-1.269 450 504 FT 2X24' PVC SCH84 GRAY PIPE SWB 1.52 760.00 SOLVENT WELD BELL 464 5 RL 6X1000' DETECTO TAPE-WATER 45.97 229.85 DT6BW THIS QUOTATION IS SIMPLY A COMMUNICATION OF CURRENT PRICING BASED ON CURRENT MARKET CONDITIONS AND SHALL NOT BE CONSTRUED AS AN OFFER TO SELL BY HD SUPPLY. RATHER, THIS QUOAAATION TS SOLELY AN INVITATION FOR COMPANY TO MAKE AN OFFER BY PURCHASE ORDER(S) TO HD SUPPLY AND HD SUPPLY RESERVES THE RIGHT, n~i11 .:/ci.rc ..~~/ vu( .i.v CITY OF DELRAY STOCI{ TQO NW 15T AVE DELRAY BEACH Telephone: 56.1 Fax: 561. ~~L ~L1t X111 YYA1L'i it YY L/it ita], 11111. BEAC1_ HDSWW -- W PAi BEACH FL 1 ree Riviera Beach FL 33444 FL 33444 Telephone: 561.-$48-4395 -243--7000 Fax: 561-845-72&7 -243-7166 12/fl2/1fl Bid ID: 2616027 DRB PN 2003--052 SW 1ST & 3RD ST:PVC Page 4 Sell Net Extended Line Quantity Per Description Price Price IN ITS SOLE DISCRETION, TO ACCEPT OR REJECT ANY SUCH OFFER THAT MAY BE GENERATED BASED UPON THIS QUOTATION. TO ENSURE CORRECT PRICING, PLEASE REFERENCE THIS BID WHEN PLACING YOUR ORDER. Subtotal: 1.15,287,61 Tax: .OQ Bid Tatal: 115.287.51 ~. , k ~ t ~ k F t W - -- --.___-_. A T L A N T l C~ _v.__~ -- _-- .._ -- ~. ~ f ;~ ~~; -----~- i i~ ~ ~ ~ I ~r j ~ WI i i(( I I~ ~.. (f E 4 F. E W~ F W ~ E ~ 3! ~ r ~ ~ t I I. ~IE ~_ k 1 ~ ~F 1ST ~ I _ _ ~.-~.~. ~-- 1 k i ~ ~ ~ ~ I I ;~ I ~ ~ 1 ~ ' 1 I I (~ . ~ ~ FI { ~ ~~ I ~ k ~~ k ~ ~ I~ S k ~ ~ i k ~~ ~ ~ , . ~ ~ 2ND ! ~~ ' L ~-. ..-._-. ~ 5 1 ' ~__ - ____ ~ ~ ~ S.W. ~ ~ ~ I I ~ ~~ ~ ~~ ~ ~ ~I M 3. [ ~ ~ I. ~ ~ s . S.W. 2ND._C~ ~ 1 i I ~ ( I ~ ~S.W. 2~ID_~ 1 ~ (~j 4 { j V/ 7ERR. ~ 1F ; I ~r ~ { II ~ ~ u] .. ~ i { ~ ~ `i .. - 3RD- ?I ~ ~~ ~ ~2 .~-. .. € €i ' ~ ~ ' ._~ I ~ ~ ~~ ~i ' ~ ~ ~ II i ~ j ~' ~~~ ~ I, --- ~ .1 t ~ ~---~--- --~ ' f ~----- ~- • A V E N U E ~I ---___-1 ~ -~--_- , 3 j 1: ~ I I j . ~ ~ 1 i i~ i ~~ i .I ~~ i ~~ i4 ~ 3i~ ~ s ~! ll Ik ~ ,_ ~ ;t~ ST. ._- .. E 1~ 'W i'~ '~ 1}¢ • I' ~ ~ s' Z ~k ~ ~ ~~ ' ~~ I ~ Fmk ~ rrF ST. u vi .~___ i ~ 1, < < ~~ II f k .I ST. I I' I LOCATIOfV nAAP MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Acting Fire Chief THROUGH: David T. Harden, City Manager DATE: January 18, 2011 SUBJECT: AGENDA ITEM 8.M.6 -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 PURCHASE AWARD/ ZOLL MEDICAL CORPORATION ITEM BEFORE COMMISSION That the Delray Beach Fire-Rescue Department receives authorization to purchase four (4) Zoll Medical Auto Pulses for our remaining ALS transport units. BACKGROUND The Zoll Medical Auto Pulse Non-invasive Cardiac Support Pump has revolutionized the chest compression component of cardio pulmonary resuscitation (CPR). The Auto Pulse utilizes a load distributing life-band that compress a wide surface area of the chest. This creates a more efficient and effective mechanical heart compression versus manual CPR and pneumatic CPR devices that compress a very small area of the chest. Furthermore, the Auto Pulse allows personnel to accomplish other essential life saving interventions by releasing a member of the crew from performing manual CPR. Finally, the Zoll Medical Auto Pulse enhances fire-rescue personnel safety by allowing personnel to remain seated and secured in the midst of continual CPR during patient transportation to the receiving emergency facility. The Capital Improvement Project Budget will be used to purchase the new Autopulses. FUNDING SOURCE Capital Improvement #334-2311-522-64.90 Project #2011-018 $61,645.00 RECOMMENDATION That the Delray Beach Fire-Rescue Department receives authorization to purchase four (4) Zoll Medical Auto Pulses for our remaining ALS transport units. Currently, the Delray Beach Fire-Rescue Department has three(3) Auto Pulses, one in the EMS supervisor's response vehicle stationed at Fire Headquarters and two on ALS transport vehicles strategically placed within the city. ~K a+~ TO: Defray Beach Fire and Rescue 501 West Atlantic Avenus Delray Beach, FL 33444 Attn: Victor Williams, EMS Chief email: williatnsvCa~mvdelravbeach.cam ZOLL Medical Corpora~Eion Worldwide HeadQuarters 269 Mill Rd Chelmsford, lhassachusetts 01$24-4105 {9'78} 421-9655 Main {a©a} 348-9011 {978} 421-0015 Customer Support FlmlaIRAL ID#: 04-2711625 QUOTATION 80804 V:'l DATE: December 27, 2010 TERMS: Net 30 Days Fob: Shipping Painf r1z~r~HT: Prepay and Add ITEM Nll]DEL NUMBER UESCt2lPTION QTY. UNIT PRlCEw DISC PRtGE TQTAL PRICE 1 8700-0730-01 AutoPulse®SystemwithPassThru-Generates 4 $10,995.00 $10,995.00 $43,980.00 consistent and uninterrupted chest compressions, offering improved blood flow during cardiac arrest. Includes Backboard, User Guide, Quick Reference Guide, Shoulder Restraints, Backboard Cable Ties, Head Immobilizer, Grip Strips, In-service Training DVD, and one year warranty. 2 8700- 0702- 01 AutoPulseQ Battery-Original equipment Nickel-metal 1ti $575.00 $575.00 $9,200.00 Hydride (NiMH) battery for use with the AutoPulse Platform. 3 8700- 0703- 01 AutoPulseO Battery Charger, IJ.S.-Charges and 3 $1,795.00 $1,795.00 $5,385.00 conditions up to two batteries and automatically assesses battery charge level. Includes User Guideand U.S, power cord. 4 8700- 0705- 01 AutoPulse®SoftGarry Gase-Soft-sided carrying case 4 $395.00 $395.00 $1,680.00 holds AutoPulse Platform, spare battery, spare L'€feBand and Shoulder Restraints. 5 8 7 0 0 - 0 7 0 6- 01 Life8and0 3 pack -Single-use chest compression band. 4 $375.00 $375.00 $1,500.00 (3 per package) This quote is made subject to ~gLL's standard commercial terms and conditions (ZOLL T's + G's) which TOTAL $fj'I 845 0© ~. 4i.FQ ,n}a 8n .n h,ac n.rlnr lrA n 1 iccuod in mcnnnea fn Chic m,n4n#rnn will ho dnnmad M . ~ incorporate ZOLL T's + C's. Any modification of the 2pLL T's + C's must he set forth or referenced in the customer's P.q. Na cammercla! terms or conditions shall apply to the sale of goods or services governed by Phis quote and the customer's P.O unless set forth in or referenced by either daCUment. 1. DELIVERY WILL BE MADE 60-90 PAYS AFTER RECEIPT OE ACCEPTED PURCHASE ORDER. 2. PRICES WILL BE E.O.B. SHIPPING POINT. 3. WARRANTY PERIOD (See above AND Attachment). 4. PRICES QUOTED ARE FIRM FOR 50 DAYS. 5, APPLICABLE TAX, FREIGHT CHARGES & ORDER PROCESSING FEES ADDITfONAL. 6. ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLL. 7. PURCHASE ORDER AND QUOTATION TO BE FAXED TO ZOLL CUSTOMER SERVICE AT 978-421-0015. 8. ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. Andrea Jannarone Territory Manager 800-242-9150, x9278 9. PLACE YOUR ACCESSDRY ORDERS ONLINE BY VISITING WWW.zollWebstOre.corn. 1-:. C ' €~-4 \~3minsasirc (ssdinc 5appmrt Y~unsi~ August ~ ~, 2o1a Victor B. Williams, MS, EMT-P Division Chief of Emergency Medical Services Delray Beach Fire~Rescue Department 501 W. A#lantic Avenue Delray Beach, FL 33444 Dear Chief Williams: ~Qt~~. Niedica! Corporation worldwide Headquarters 259 Mill Road Chelmsford, Massaohusef#s 01$24-4405 U.S.A, 978 421-9655 978 421-0025 Main Fax Thank you for your interest in the AutoPulse~ Non-invasive Cardiac Support Pump, a revolutionary new automated chest compression system that helps deliver improved blood flow during sudden cardiac arrest {SCA}. Please be aware that ZOLL Medical Corporation is the only company that manufactures (at our wholly-owned subsidiary, ZOi-L Circulation} and markets the AutoPulse. No other organization is authorized to sell the product in the United States. Further, there are no other devices an the market today that can mimic the AutoPulse's unique mechanism of action and achieve its unprecedented clinical results. The load-distributing LifeBand ®squeezes a wide surface area of the chest, employing a combination of semi- circumferential thoracic compressions along with cardiac compressions. In contrast, standard manual CPR and pneumatic-driven piston devices deliver only cardiac compressions to a very small area. Other important exclusive features and benefits include: • Automatic band chest sizing to quickly and accurately adjust to the patient's chest size for ease of set-up and use. • Integrated battery power source for ease of transport and changing power source with minimal CPR interruption. • Real-time display of compression and no-flow time. « Downloading code data for quality CPR review and documentation. • Configurability to change compression modes from 30:2 to continuous after an advanced airway is placed. Feel free to contact me directly by calling 978-421-9633 should you have any questions or need additional information. Best regards, ~Q!°i~ G, ~IOGfrns ~t~0f° Gary l_. Hochstetler Marketing Manager, Circulation MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Acting Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: January 21, 2011 SUBJECT: AGENDA ITEM 8.M.7 -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 PURCHASE AWARD/CDW GOVERNMENT ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of fifteen (15) Panasonic CF-19 Toughbook computers, related hardware and a three year (3) warranty from CDW-Government in the amount of $64,256.49, per quote #WDC1976, dated 12/03/2010. BACKGROUND The proposed units meet the minimum requirements recommended by the Computer Aided Disptach (CAD) and Records Management System (RMS) which is currently being upgraded. These units will replace tablets that were purchased in FY 2003-2004 that are no longer serviceable. The proposal from CDW includes the laptops, mounting bracket, 12 volt adapter, additional memory, and the extended warranty as recommended by the IT department. Pricing was obtained from the following vendors. CDW-Government $64,256.46 Insight Public Sector $68,621.25 PCMall Gov $69,637.50 FUNDING SOURCE CIP Project # 2011-023 Account number 334-2311-522-64.11 RECOMMENDATION Staff recommends the City Commission approve the purchase of 15 Panasonic Toughbook computers and related hardware and warranty from CDW-Government in the amount of $64,256.49. %%%/ OE400SPS '. .,,, BILL TO: CITY OF DELRAY BEACH 100 NW 1ST AVE Accounts Payable DELRAY BEACH , FL 33444-2612 Customer Phone #561.243.7144 SHIP TO: CITY OF DELRAY BEACH Attention To: JASPER LU 100 NW 1ST AVE DELRAY BEACH , FL 33444-2698 Contact: JASPER LU 561.243.7148 Customer P.O. # W/ EMISSIVE KEYQUOTE i IViIKE Z(7RICya 866.339.3535 FEDEX Grou ~d 15 15 15 15 11 2259047 470719 2141185 491805 124625 BTO PAN TB 19 15-540UM 160GB 2GB W7 Mfg#: CF-19RFRC61 M Contract: CDW-G Quote BTO PAN TB 19 15-540UM 160GB 2GB W7 Contract: GSA Schedule GS-35F-0143R PAN TOUGHBOOK NO FAULT WARR YR 1,2,3 Mfg#: CF-SVCLTNF3Y Contract: CDW-G Quote PAN TOUGHBOOK WARRANTY PRO PLUS 3YR Contract: GSA Schedule GS-35F-0143R PANASONIC 2GB DDR3 MEM Mfg#: CF-WMBA902GF Contract: CDW-G Quote PANASONIC 2GB DDR3 MEM Contract: GSA Schedule GS-35F-0143R LIND AUTO ADAPTER F/TB72 NOTEBOOKS Mfg#: PA1555-655 Contract: CDW-G Quote LEDCO CF19 TUFFDOCK:NO DOCK Mfg#: DS.CFI9.ND Contract: CDW-G Quote Request Te ~~s SUBTOTAL FREIGHT TAX CDW Government 230 North Milwaukee Ave. Vernon HiIIs, IL 60061 Phone: 847.371.5000 Fax: 312.705.8218 2~2012621~~9C 3,702.00 55,530.00 198.00 2,970.00 104.00 1,560.00 84.78 1 ,271 .70 265.89 2,924.79 64,256.49 0.00 0.00 Please remit payment to: CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 Insi ht~ PUBLIC SECTOR SOLD-TO PARTY City of Delray Beach Public Safety Account 100 NW 1ST AVE DELRAY BEACH. FL 33444-2612 SHIP-TO ADDRESS DELRAY BEACH FIRE 501 W ATLANTIC AVE DELRAY BEACH FL 33444-2555 Insight Public Sector SLED 6820 South Harl Ave Tempe,AZ,85283-4318 Tel: 8004674448 Quotation Quotation Number Creation Date 212614148 01 /07/2011 PO Number /Date Customer No. 10382459 Sales Rep Chris Schmidt Email cschmidt@insight.com Telephone :800-467-4448 X 5063 Sales Rep 2 :Brian Mayer Email2 bmayer@insight.com Telephone 2 800-543-2437 Dear Jasper Lu, Thank you for considering Insight to be your trusted partner in addressing your evolving IT needs. We appreciate being considered as your solution source and look forward to making IT work for you. We deliver according to the following terms: Terms of Payment Net 30 days Ship Via Insight Assigned Carrier /Ground Terms of Delivery FOB DESTINATION Currency USD Material Description Qty UnitPrice Extended Price CF-19RFRC61 M Panasonic TB19 - Win7, Intel Core i5-540UM 15 3,795.00 56,925.00 1.20GHz, vPro, 10.4" XGA Dual Touch, 160GB, 2GB, Intel WiFi a/b/g/n, TPM, Bluetooth,Dual Pass (Upper:WWAN/Lower:GPS), GPS, Emissive Backlit Keyboard, Gobi, No Drive, Toughbook Preferred U.S. COMMUNITIES IT PRODUCTS &SERVICES(# RQ09-997736-42B) CF-WMBA902GFIS Panasonic memory - 2GB - SO DIMM 204-pin - 15 121.00 1,815.00 DDR3 U.S. COMMUNITIES IT PRODUCTS &SERVICES(# RQ09-997736-42B) CF-SVCLTNF3Y Panasonic Protection Plus -extended service 15 199.50 2,992.50 agreement - 3 years U.S. COMMUNITIES IT PRODUCTS &SERVICES(# RQ09-997736-42B) CONTACT EMAIL: LU@CLDELRAY-BEAC H.FL.US CONTACT PHONE: 561-243-7148 CONTACT NAME: JASPER LU Sub Total 61,732.50 .:.Page 1 of 2 Insi ht~ PUBLIC V~ Quotation Number /Creation Date 212614148 / 01/07/2011 Material Description Qty UnitPrice Extended Price Tax TOTAL Please contact us with any questions or for additional information about Insight Public Sector SLED's complete IT solution offering.Purchase orders should be made out to Insight Public Sector,lnc.. Again, thank you for considering Insight Public Sector SLED! Sincerely, Chris Schmidt 800-467-4448 Ex: 5063 cschmidt@insight.com Fax: 480-760-8995 Brian Mayer 800-543-2437 bmayer@insight.com Fax: 863-678-3204 U.S. Communities IT Products, Services and Solutions Contract No. RQ09-997736-42B Insight Public Sector (IPS) is proud to be a contract holder for the U.S. Communities Technology Products and Technology Services/Solutions Contract. This competitively solicited contract is available to participating agencies of the U.S. Communities Government Purchasing Alliance. U.S. Communities assists local and state government agencies, school districts (K-12), higher education, and nonprofits in reducing the cost of purchased goods by pooling the purchasing power of public agencies nationwide. This is an optional use program with no minimum volume requirements and no cost to agencies to participate. In order for Insight to accept Purchase Orders against this contract and honor the prices on this quote, your agency must be registered with U.S. Communities. Our sales teams would be happy to assist you with your registration. Please contact them for assistance -- the registration process lasts less than five minutes. Thanks for choosing Insight! Subject to IPS Terms & Conditions online at www.ips.insight.com/TermsandConditions unless purchase is being made pursuant to a separate written contract in which case the terms of the separate written contract shall govern. 0.00 61,732.50 .:.Page 2 of 2 Insi ht~ PUBLIC SECTOR SOLD-TO PARTY City of Delray Beach Public Safety Account 100 NW 1ST AVE DELRAY BEACH. FL 33444-2612 SHIP-TO ADDRESS DELRAY BEACH FIRE 501 W ATLANTIC AVE DELRAY BEACH FL 33444-2555 Insight Public Sector SLED 6820 South Harl Ave Tempe,AZ,85283-4318 Tel: 8004674448 Quotation Quotation Number Creation Date 212614407 01 /07/2011 PO Number /Date Customer No. 10382459 Sales Rep Chris Schmidt Email :cschmidt@insight.com Telephone :800-467-4448 X 5063 Sales Rep 2 :Brian Mayer Email2 bmayer@insight.com Telephone 2 800-543-2437 Dear Jasper Lu, Thank you for considering Insight to be your trusted partner in addressing your evolving IT needs. We appreciate being considered as your solution source and look forward to making IT work for you. We deliver according to the following terms: Terms of Payment Net 30 days Ship Via Insight Assigned Carrier /Ground Terms of Delivery FOB DESTINATION Currency USD Material Description Qty UnitPrice Extended Price DS-PAN-221 Havis DS-PAN-221 -docking station 11 520.75 5,728.25 U.S. COMMUNITIES IT PRODUCTS &SERVICES(# RQ09-997736-42B) LPS-101 PWRSPLY, EM, 90W, CABLE, 3', PAN 11 105.50 1,160.50 U.S. COMMUNITIES IT PRODUCTS &SERVICES(# RQ09-997736-42B) Sub Total 6,888.75 Tax 0.00 TOTAL 6,888.75 Please contact us with any questions or for additional information about Insight Public Sector SLED's complete IT solution offering.Purchase orders should be made out to Insight Public Sector,lnc.. Again, thank you for considering Insight Public Sector SLED! Sincerely, Chris Schmidt 800-467-4448 Ex: 5063 cschmidt@insight.com Fax: 480-760-8995 .:.Page 1 of 2 Insi ht~ PUBLIC V~ Quotation Number /Creation Date 212614407 / 01/07/2011 Material Description Qty UnitPrice Extended Price Brian Mayer 800-543-2437 bmayer@insight.com Fax: 863-678-3204 U.S. Communities IT Products, Services and Solutions Contract No. RQ09-997736-42B Insight Public Sector (IPS) is proud to be a contract holder for the U.S. Communities Technology Products and Technology Services/Solutions Contract. This competitively solicited contract is available to participating agencies of the U.S. Communities Government Purchasing Alliance. U.S. Communities assists local and state government agencies, school districts (K-12), higher education, and nonprofits in reducing the cost of purchased goods by pooling the purchasing power of public agencies nationwide. This is an optional use program with no minimum volume requirements and no cost to agencies to participate. In order for Insight to accept Purchase Orders against this contract and honor the prices on this quote, your agency must be registered with U.S. Communities. Our sales teams would be happy to assist you with your registration. Please contact them for assistance -- the registration process lasts less than five minutes. Thanks for choosing Insight! Subject to IPS Terms & Conditions online at www.ips.insight.com/TermsandConditions unless purchase is being made pursuant to a separate written contract in which case the terms of the separate written contract shall govern. .:.Page 2 of 2 O O N O ~ ~ ~ O M O O O N_ M ~ ~ N ~ C k 7 O 0 ~ M O a~ ~~ ~ O ~ ~ d' o ~H ~V ~ ~ ao ~s N (n s ~' ~ N J ~ r r L ~O O Q ~ N N M M O O ~ 7 ~ r U N ~ ~6 ~ O c0 C ~ ~ ~ O C1 U U O C O L .~ N C (6 U O U N 9 7 N (6 N U W a` V ~ J ~ ~ W ~ = J ~ ~ Q Q ~ M o m a z ~ >,~ ~ > W z m ~ ~ Q 2 Q ~ Z ~ (,) D w O ~ w '~ D V ~ m ~ ~ ~ U ~ M '~ ~ Z Z ~ N a`~i H ~ O W ~ ° V Q ~ D ~ ~ O M U N ~ > N ~ '~ O O) k ~ C 00 ~p ~ Q O ~ U 41 ~ N G ~ ~f M ~ N M 7 O O O c o o ~ Q °~ ~ ~ a°i c cxo .~ ~ ~ ~ ~ ~ s W ~, a M 0 0 0 0 0 0 0 ~n o o ~ 0 o 0 o ~ ~ OM ~ OM d7 M Et} d3 M f~ O f~ ~ ~ c0 ~O ~ M r ~ r ~ O O O O '' d3 d3 d3 d3 d3 d3 EA .. O O O O O 0 0 0 0 (0 ~ m - ~ O~ 0 0 ~~ D O f~ N r ~ ~ ~ ~ ~ M ~ O ~ C d3 d3 d3 d3 d3 .Q Q L Z Q > Z m ~ a J coo w ~ ~ 0 ~ 0 Y ~ ~ W ~ J J N a J~ m m } W o Q~ Z Q Z U W ~ Z a ~ ~ > ~ M W ~ ~ Z Q H ° O a U w O~ ~ Z rn U ~ ~ Z r ~ m > ~' ~ O ~ O N Q o D a --- (A ~ O ~ Q , , s ' ' ~ ~ rn Z ~ U m Q ~ ~ , , , , , , ~ ~ ~ ~ a ~ ~ ~ p , , , , U U ~ ~ ~ U , , , , , , , , , , , , , , , ~ ~ ~ W W W , , , , Q , , U U U Z , , U U U ~> > O ~ ~ Z Z Z co co fn fn fn _ _ ~ , , Ur , , ~,~ i Z Z Z , , ,_ a a a a ~ , , _'~ ~n ~n ~n ~n ~n r r r r r y 'L I I O ~- - - -~ ~ N M ~ ~ C.1 O C7 J Q ~ ~ M U ~ a ~ ~ r o O U Q ~ U W ~ ~ Y C~ ~ ~ m o-M ~,~ a=~~Q ~ N ~ ~ a~ U o ~ LL J ~ MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER MARK MCDONNELL, AICP, ASST. DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: January 26, 2011 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 WAIVER REQUESTS/ 362 N.E. 3RD AVENUE ITEM BEFORE COMMISSION Consideration of two (2) waiver requests for a proposed public parking lot at 362 NE 3rd Avenue including a waiver to LDR Section 4.6.9 (D)(3)(b)to allow 20' where 24' minimum pavement width is required and a waiver to LDR Section 4.6.16(H)(3)(d) to allow a reduction in the required five foot (5') landscape strip separating vehicular use areas and adjacent properties. BACKGROUND Waiver Rec/uests LDR Section 2.4.7(B~(5) Findings: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. WAIVER TO 24' MINIMUM PAVEMENT WIDTH The applicant has requested a waiver to Land Development Regulation (LDR) Section 4.69 (D)(3)(b) to allow 20' of pavement width where 24' minimum pavement width is required for parking aisles and driveway access points. The following verbatim justification has been provided: "While the required drive aisle width is 24', the existing parking lot is currently nonconforming with regard to the drive aisle widths which vary between 22.3' and 23.4'. It is noted where the drive aisle width is 22.3' in width, a landscape island exists opposite the back-out spaces, thus eliminating any potential conflicts. For the balance of the site in order to increase the drive aisle widths by 1 ' would result in the elimination of existing mature trees and parking spaces. " A twenty foot (20') driveway is proposed from the alley, and a 20.2 foot wide driveway is proposed from NE 3rd Avenue, where the minimum requirement is twenty-four feet (24'). Further, the interior drive aisles range between 22.3' and 23.4' in width and are existing nonconformities. This parking lot will exist until the property is redeveloped sometime in the future, and the current purpose of this development is to improve the existing parking lot suitable for public use. Full compliance with the LDRs could reduce the number of available parking spaces, and will require removal of existing mature vegetation, which would be counter to the objective of this project. Therefore, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made, since the requested waiver will not diminish the provision of public facilities, result in the grant of a special privilege, adversely affect neighboring areas, nor will it create an unsafe situation. WAIVER TO 5' LANDSCAPE BUFFER The applicant has requested a waiver to LDR Section 4.6.16(H)(3)(d) to allow a reduction in the required five foot (5') landscape strip separating vehicular use areas and adjacent properties. The following verbatim justification has been provided: "The landscape barrier provided along the south property line exceeds this requirement by approximately two (2) feet with the exception of the easternmost portion where the landscape strip is reduced to two feet (2') to accommodate a 38' x 5' walk for the handicap accessible parking spaces required for the site. A 2' wide landscape barrier has been provided adjacent to this walk. Also, due to the 2' dedication of alley on the west side of the property, the request is to reduce the 5' landscape strip to 3.8'. As a result of the 5' dedication of right-of--way for NE 3rdAvenue, the request is to reduce the landscape strip from 5' to 3'. In both right-of--way dedication situations, the width of the landscape area will remain as (currently) existing and the mature trees along 3rd Avenue will be retained. The City has no intentions of utilizing the 5' dedicated right-of--way along NE 3rd Avenue at this time. However, the 5' dedication area will be available in the future, if the site is redeveloped and the parking lot eliminated. " Pursuant to LDR Section 4.6.16(H)(3)(d), alandscaped barrier shall be provided between the off-street parking area or other vehicular use area and abutting property in a planting strip of not less than five feet (5') in width. A waiver to this requirement is justifiable based upon the fact that accommodating the 38' x 5' handicap accessible panel will provide a safer environment and due to required dedications, the provision of 5' would reduce the number of parking spaces which can be accommodated on- site. Therefore, the absence of the five foot (5') buffer will not affect the neighboring areas or create an unsafe situation, particularly since it will still effectively be 8.9' in physical width. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5). REVIEW BY OTHERS The Site Plan Review and Appearance Board reviewed the two (2) waiver requests at their meeting of January 12, 2011 in conjunction with the Class V Site Plan approval. The Board moved a recommendation of approval of both waivers on a unanimous vote of 7-0. A detailed description and analysis of the development proposal is contained within the attached Site Plan Review and Appearance Board staff report of January 12, 2011. RECOMMENDATION By Separate Motions: 24' Pavement Width Waiver Move approval of the request for a waiver to LDR Section 4.69 (D)(3)(b) to reduce the minimum pavement width of the site driveways and interior drive aisles from 24' to 20', 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 2.4.7(B)(5) of the Land Development Regulations. 5' Landscape Buffer Waiver Move approval of the request for 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') adjacent to the handicap parking space, from five feet (5') to three feet (3') alongNE 3rd Avenue, and to reduce the landscape strip to 3.8' along the alley, 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 2.4.7(B)(5) of the Land Development Regulations. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR 362 NE 3RD AVENUE 1. This waiver request to allow a reduction to the minimum pavement width and a reduction of the landscape buffer came before the City Commission on February 1, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to allow a reduction to the minimum pavement width and a reduction of the landscape buffer. 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 Reduction to the 24' Minimum Pavement Width: The applicant has requested a waiver to Land Development Regulation (LDR) Section 4.6.9(D)(3)(b) to allow 20' pavement width where 24' minimum pavement width is required for parking aisles and driveway access points. The following verbatim justification has been provided: "While the required drive aisle width is 24 ; the existing parking lot is currently nonconforming with regard to the drive aisle widths which vary between 22.3' and 23.4'. It is noted where the drive aisle width is 22.3' in width, a landscape island exists opposite the back-out spaces, thus eliminating any potential conflicts. For the balance of the site in order to increase the drive aisle widths by 1' would result in the elimination of existing mature trees and parking spaces. " Does the waiver request meet the requirements of Section 2.4.7(8)(5)? Yes No B. Waiver to Allow a Reduction to the 5' Landscape Buffer: The applicant has requested a waiver to Land Development Regulation (LDR) Section 4.6.16(H)(3)(d) to allow a reduction in the required five foot (5') landscape strip separating vehicular use areas and adjacent properties. The following verbatim justification has been provided: "The landscape barrier provided along the south property line exceeds this requirement by approximately two (2) feet with the exception of the easternmost portion where the landscape strip is reduced to two feet (2') to accommodate a 38' x 5' walk for the handicap accessible parking spaces required for the site. A 2' wide landscape barrier has been provided adjacent to this walk. Also, due to the 2' dedication of alley on the west side of the property, the request is to reduce the 5' landscape strip to 3.8'. As a result of the 5' dedication of right-of--way for NE 3'd Avenue, the request is to reduce the landscape strip from 5' to 3'. In both right-of--way dedication situations, the width of the landscape area will remain as existing and the mature trees along 3'd Avenue will be retained. The City has no intentions of utilizing the 5' dedicated right-of--way along NE 3'd Avenue at this time. However, the 5' dedication area will be available in the future, if the site is redeveloped and the parking lot eliminated. " Does the waiver request meet the requirements of Section 2.4.7(8)(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 2 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 Sections 4.6.9(D)(3)(b) and 4.6.16(H)(3)(d). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 1st day of February, 2011, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. McDuffie, Mayor 3 SITE PLAN REVIEW AN®APPEARANCE ~~ARD CITY ®F' ®ELRA1r( ~Eo4CH s--ST~-FF REP®RT--- MEETING DATE: January 12, 2Q11 ITEM: CRA Public Parking Lot -Class II site plan modification and landscape plan associated with the construction of a forty-three (43} space parking lot at 362 NE 3~d Avenue GENERAL DATA: OwnerlApplicantlAgent........... Delray Beach CRA (Community Redevelopment Agency) Location .................................... On the west side of NE 3ra Avenue, south of NE 4t" Street Property Size ........................... 20,265 sq. ft. (0.465 acres) Future Land Use Map ............ CC {Commercial Core) Zoning ....................................... CBD-RC (Central Business District -Railroad Corridor) Adjacent Zoning............ North: CBD (Central Business District) East: CBD {Central Business District) South: CBD (Central Business District) West: CBD~RC (Central Business District -Railroad Corridor) Existing Land Use ..................... Parking Lot Proposed Land Use .................. No Change Water Service ........................... Available via an 10" water main within the NE 8~d Avenue rig ht-of--way Sewer Service ........................... Available via an 8" sewer main within the NE 8~d Avenue right- of-way ~~ ~~~ i ~ ~< N.E. 8TH ST. Q ~ G~'~ O m { ~ 0 N.. 5'f}1 TFRq. rc d~ n N.E. STN CT. GSA ~'Q ~ z N.E 57F3 ST. ~ T- rc ~ ~, ~ ~; N.E. 4TN 5T. +~ ~ - __ g - ~- N.E, aeu ST. °z __ o o ~ .m_ -- ~ ~-._ -- N.E. 2N0 ~, 3 -_ a w - i s T w ---- z - _ }. ®~ ~_ ATLANTIC A V E N U E ITEM BEFORE THE BOARD The action before the Board is approval of a Class II site plan request far 362 NE 3rd Avenue pursuant to LDR Section 2.4.5{G}(1){b). The request involves the following elements: ^ Site Plan ^ Landscape Plan ^ Waiver Requests The property is located on the west side of NE 3rd Avenue, south of NE 4th Street. ~ BACKGRGUND ; The property consists of 0.465 acres (20,265 sq. ft.} and is currently an abandoned parking lot. It is owned by the Community Redevelopment Agency (CRA) of Delray Beach. The parcel is located within the CBD-RC (Central Business District -Railroad Corridor) zoning district and has a CC (Commercial Core) future land use map designation. The action now before the Board is upgrading the existing parking lot through paving, striping, landscaping, irrigation and lighting. PROJECT DE5CRIPT=ION- The development proposal incorporates the following: ^ Expansion of the existing parking lot by nine (9) spaces for a tots! of forty-three (43) spaces ^ Creation of a two-way driveway for ingress and egress from the adjacent alley ^ Provision of two (2) handicap accessible parking spaces ^ Provision of a bicycle rack ^ Provision of trash receptacles ^ Installation of interior decorative light fixtures ^ Installation of brick paver walkways ^ installation of curbing ^ Associated landscaping upgrades SITE PLAN-ANALYSIS COMPI/IANCE 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. Handicap Accessible Parking: Pursuant to LDR Section 4.6.9{C)(1}(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Cons#ruction. {Accessibility for residential structures is covered by the Federal Fair Housing Act). The development proposes to provide two {2) handicap accessible parking spaces. Thus, this LDR requirement has been met. SPRAB Staff Report Class ll Site Plan and Landscape Plan for 362 NE 3~d Avenue (CRA public parking lot) Page 2 Bicycle Parking: LDR Section 4.6.9(C)(1)(c} and Transportation Element Policy D-2.2 of the Comprehensive Plan recommend that a bicycle parking facility be provided. One {1) bike rack is proposed. Thus, this LDR requirement has been met. Lighting: Pursuant to LDR Section 4.6.8(A}(3}, the minimum illumination for the proposed parking lot is 0.3 foot candle and the maximum is 4.0 foot candles. The proposed photometric plan complies with these illumination standards since the minimum illumination provided is 1.0 foot candles and the maximum is 3.0 foot candles. The elevation detail of the decorative light pole on the photometric plan indicates a proposed height of fifteen feet (15') which is under the twenty-five foot {25') foot maximum height. Thus, the lighting plan is in compliance. Open Space: Per LDR Section 4.4.13(F)(2), a minimum of 10% of non-vehicular open space is required in the CBD zoning district. The proposed parking lot complies with this requirement since twenty-three percent {23%) non-vehicular open space is provided. Sight Visibility Triangies;_ Pursuant to LDR Section 4.fi.14(B)(1), a ten foot (10') sight triangle is required at the intersection of the driveways at the main ingresslegress driveway. The 10' sight triangles have been correctly depicted and indicate visibility within the 3' to 6' height requirement. Thus, this standard is met. Stacking Distance; Pursuant to 4.6.9(D)(3)(c)(1), the minimum stacking distance shall be twenty feet (20') for twenty-one (21) to fifty (50) proposed parking spaces. The parking lot provides 21' of stacking off of NE 3~~ Avenue and 23.3' of stacking off of the alleyway, thus this standard is met. Other Issues: Right-of-Way Dedication: Pursuant to LDR Sections 5.3.1 (A} and (D) and Table T-1 of the Comprehensive Plan Transportation Element, the following table describes the required rights-of-way and the existing rights-of-way adjacent to the subject property: item Sidewalk Considered ; Width -Existing- Sid~vvaik Width -Proposed- Curb & Gutter -Existin - Curb & Gutter -Proposed- Right-Of- Way" -Existing- Right-0f- Way :Dedication NE 3~ Ave. None ---- Yes (5' No ... No 40' Yes (5'} Alleyway NIA NIA No No 16' Yes {2') Pursuant to LDR Section 5.3.1.D.2., sixty feet (60'} of right-of-way is required for a local roadway without curb and gutter. Curb and gutter does not exist far NE 3`d Avenue, thus an additional 20' of right-of-way is required. A reduction in the required right-of-way width was considered at the Development Services Management Group (DSMG) meeting of November 4, 2010. The City Engineer and DSMG approved the reduction of right-of-way for NE 3~d Avenue from 60' to 50', thus requiring a five foot (5') dedication of right-of-way along NE 3r~ Avenue. The 5' r-o-w dedication along NE 3~d Avenue shall be executed by SPRAB Staff Report Class II Si#e Plan and Landscape Plan for 362 NE 3~a Avenue (CRA public parking lot) Page 3 deed agreement between the City of Delray Beach and the land owner, and thus, this is being attached as a condition of site plan approval. Pursuant to LDR Section 5.3.1(D)(2}, the required width of an alley is 20' or the existing dominant width. The existing east alley right-of-way width is 16'. On November 4, 2010, the City Engineer and Development Services Management Group (DSMG) determined that the width of the alley should be expanded to a width of twenty feet (20'). Thus, the applicant is required to provide an additional two feet (2') in the form of a right-of-way dedication. The 2' r-o-w dedication along the east alley shall be executed by deed agreement between the City of Delray Beach and the land owner, and thus, this is being attached as a condition of site plan approval. Pursuant to LDR Section 6.1.3(6}, a minimum five foot (5') sidewalk is required for all local roads. No sidewalk exists on NE 3~d Avenue, and the applicant has proposed to install the required sidewalk. Technical Items: While the revised site plan has accommodated most of the staff concerns, the following items remain outstanding, and will need to be addressed prior to certification of the site plan unless otherwise noted: 1. An additional five feet (5'} of right-of-way is required along NE 3~d Avenue. Submit the right-of- way deed forms & sketch with notarized signatures for consideration and final approval by the City Commission, prior to site plan certification. 2. A two foot (2') alleyway dedication is required. Submit the right-of-way dedication forms & sketch for consideration and final approval by the City Commission, prior to site plan certification. `LANDSC`AP1= ANALYSIS- The City's Senior Landscape Planner has reviewed the proposed landscape plan and found that it complies with LDR Section 4.6.96. The proposed landscaping consists of a variety of trees and ground cover. Landscape Technical Items: The following Landscape Plan item is strongly recommended, and will need to be addressed prior to building permit issuance. 1. Show and label tree canopy from all adjacent properties. There looks to be a conflict between the existing Black Olive on the property to the south and the proposed Adonidia palm. 2. There are a few conflicts with proposed light posts and existing tree canopies. The tree canopies will block a substantial amount of light produced by the proposed light post. It would be-suggested to find an alternative location. 3. Provide note on plans and on bid specifications to have all existing trees selectively pruned and ail girdling roots removed. This work should be done by a Certified Arborist. 4. Adonidida merrillii is susceptible to lethal yellowing. Please switch this species to Veifchia montgomeriana. They are very closely related but are not susceptible to this lethal disease. SPRAB Staff Report Class I[ Site Plan and Landscape Plan for 362 NE 3rd Avenue {CRA public parking lot) Page 4 5. The plant palette could use a little more color. There is a lot of shade Keeping this in mind, I would like to see some accent plantings used varieties in bush form (3`x3'), Cordyline varieties (Auntie l_oulBlack perennials (Joe Haydenl0doratalTorch), Bromeliads, etc. at this property. such as Croton Magic), Begonia _.~ .. ~.. WAIVER ANALYST-S Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; {c} Shall not create an unsafe situation; and, (d) Does not resuit in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Analysis of Waiver #9: Drive Aisle Width Pursuant fo LDR 4.6.9 (DJ(3J{b}, fhe minimum roadway pavement width is fwenty four (24} feet Plans indicate fhaf the roadway widfh is reduced to as low as 20' as apposed #o the required 24'. The applicant has provided the fiollowing verbatim justification statement regarding the waiver request: "While the required drive aisle width is 24 ; fhe existing parking lot is currently nonconforming with regard to the drive aisle widths which vary between 22.3' and 23.4'. !f is nofed where the drive aisle width is 22.3' in width, a landscape island exists opposite the back-out spaces, thus eliminating an potential conflicts. For the balance of the site in order fo increase the drive aisle widths by ?' would result in fhe eliminafinn of existing mafure trees and parking spaces." The development proposal provides a 20' wide two-way driveway off of the alley and a 20.2' wide two way driveway off of NE 3rd Avenue. The interior two-way drive aisle widths range from 22.3' to 23.4'. In order to optimize the available parking spaces and increase accessibility, the driveway acess has been provided at 20' instead of 24'. Due to the existing nonconformity of the interior drive-aisle width and the need to accommodate additional parking on-site, the waiver can be supported. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5} can be made and a recommendation of approval should be presented to the City Commission for this waiver request. Analysis of Waiver #2: Landscape Strip Separating Vehicle Use Area Pursuant #o LDR Section 4.fi.~6 (H)(3)(d}, a landscape barrier shall be locafed between the common lot line and the off-street parking area or other vehicular use area in a planting strip of not less than five foot (5} in width. Planting strips as small as two feet (2') have been provr"ded to accommodate a 38' x 5' walk for the handicap accessible parking spaces required for the site. A waiver has been requested to reduce the landscape barrier from five feet {5') to two feet (2') to accommodate a 38' x 5' walk for the handicap accessible parking spaces required for the site. The applicant has provided the following verbatim justification statement regarding the waiver request: "The landscape barrier provided along the south property line exceeds this requiremenf by approximately fwo (2) feet with the exception of the easternmosf portion where the landscape strip is reduced to two feet (2) to accommodate a 38' x 5' walk for the handicap accessible parking spaces required for the site. A 2' wide landscape barrier has been provided adjacent to SPRAB Staff Report Class II Site Plan and Landscape Plan for 362 NE 3`d Avenue (CRA public parking lot) Page 5 Phis walk. Also, due to the 2' dedication of alley on fhe west side of the property, the request is to reduce the 5' landscape strip to 3. S'. As a resulf of the 5' dedicafion of right-of--way for NE 3'd Avenue, the request is fo reduce the landscape strip from 5' to 3'. In both right-of--way dedication situations, the width of the landscape area wil! remain as existing and the mature frees along 3`°~ Avenue wi11 be retained. The Cify has no intenfions of ufilizing the 5' dedicated right-of--way along NE 3r°' Avenue at this time. However, fhe 5' dedication area will be available in the future, if the site is redeveloped and fhe parking lot eliminated." Pursuant to LDR Section 4.6.16(H){3)(d), a landscaped barrier shall be provided between the off-street parking area ar other vehicular use area and abutting property in a planting strip of not less than five feet (5'} in width. A waiver to this requirement is justifiable based upon the fact that accommodating the 3S' x 5' handicap accessible walk wilt provide a safer environment and due #o required dedications, the provision of 5' would reduce the number of parking spaces which can be accommodated on-site. Therefore, the absence of the five foot {5') buffer will not to affect the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5). ASSESSMENT AND C`ONCLU510N The proposed parking lot will provide additional parking for adjacent businesses and the general public. The parking lot will be an asset to the neighbors and the community as whole. The proposed development complies with the the Land Development Regulations, with the exception of the two waivers which are supportable. Staff has reviewed the proposal and only minor technical items remain which involve upgrading the existing landscaping and the dedication of right-of-way for the alley and NE 3`d Avenue and these items have been attached as conditions of approval. ALTERNATIVE ACTIONS A. Postpone with direction. B. Move approval of the Class I1 site plan, landscape plan and waiver requests for the 362 NE 3`d Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Sections 2.4.5(G)(1}(b) and 2.4.7{B)(5) of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the Class II site plan, landscape plan and waiver requests for 362 NE 3`d Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with Sections 2.4.5(G)(1}{b) and 2.4.7(B){5) of the Land Development Regulations. STAF1= R1=COMMENDATlO=N By Separate Motions: Waiver #1 Drive Aisle Width Move a recommendation of approval to the City Commission of the request for 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 as low as 20 feet, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Section 2.4.7{B)(5} of the Land Development Regulations. SPRAB Staff Report Class II Site Plan and Landscape Plan for 362 NE 3rd Avenue (CRA public parking lot} Page 6 Waiver #2 Landscape Strip Separating Vehicle Use Area Move a recommendation of approval of the City Commission of the request for waiver to LDR Section 4.6.16(H)(3)(d} to reduce the perimeter landscape strip from five feet (5') to as low as two feet (2'), by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with Section 2.4.7{B){5) of the Land Development Regulations. Site Plan: Approve the request for a Class I1 site plan for 3G2 NE 3rd Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Sections 2.4.5(G)(1){b) and 2.4.5(F){5), subject to the following conditions: 1. An additional five feet (5') of right-of-way is required along NE 3`d Avenue. Submit the right-of-way deed forms & sketch with notarized signatures for consideration and final approval by the City Commission, prior to site plan certification. 2. A two foot (2') alleyway dedication is required. Submit the right-of--way dedication forms & sketch for consideration and final approval lay the City Commission, prior to site plan certification. Landscape Plan: Approve the landscape plan for 3fi2 NE 3rd Avenue based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. Show and label tree canopy from all adjacent properties. There looks to be a conflict between the existing Black Olive on the property to the south and the proposed Adonidia palm. 2. There are a few conflicts with proposed light posts and existing tree canopies. The tree canopies will block a substantial amount of light produced by the proposed light post. It would be suggested to find an alternative location. 3. Provide note on plans and on bid specifications to have all existing trees selectively pruned and all girdling roots removed. This work should be done by a Certified Arborist. 4. Adonidida merrillii is susceptible to lethal yellowing. Please switch this species to Veitchia montgomeriana. They are very closely related but are not susceptible to this lethal disease. 5. The plant palette could use a little more color. There is a lot of shade at this property. Keeping this in mind, I would like to see some accent plantings used such as Croton varieties in bush farm (3'x3'), Cordyline varieties {Auntie LaulBlack Magic), Begonia perennials (Joe Hayden/OdoratalTorch), Bromeliads, etc. Attachments.• Location Map, Site Plan, Landscape Plan, Civil Plans, Photometric Plan Report Prepared By: Candi N. 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Hasko, PE, Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: January 24, 2011 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 CAFE DE FRANCE IN-LIEU OF PARKING REQUEST ITEM BEFORE COMMISSION The item before the City Commission is that of approving a request from Cafe De France for the purchase of one (1) in-lieu of parking space to accommodate an expansion of use. BACKGROUND Cafe De France, located at 110 East Atlantic Avenue, has submitted a Class III site plan modification fora 355 square foot expansion of the kitchen area into a portion of an adjacent vacant office space and establishment of a Sidewalk Cafe immediately adjacent to the west facade of the building. Land Development Regulations, (LDR) Section 4.4.13(G)(1) requires the provision of parking for expansion or change of use resulting in a higher parking requirement. The 355 sq. ft. former office is vested at 1 space per 300 square feet, which is 1.18 spaces (355/300=1.18). The restaurant requires 6 spaces per 1,000 sq. ft. of total floor area, equaling 2.13 spaces, (355/1000=0.355x6=2.13). The difference, 0.95 rounds up to require one (1), parking space. Please note, LDR Section 4.4.13(G)(1)(b), exempting the provision of parking for expansion or change of use requiring only one (1) space is unavailable as the exemption was previously applied to the property. It is noted that the Sidewalk Cafe and associated improvements are reviewed by the SPRAB, (Site Plan Review and Appearnce Board) and Community Improvement Department which oversees Sidewalk Cafe Permits. LDR Section 4.6.9(E)(3) allows the City Commission to approve the payment of a fee in lieu of providing the required spaces if it is impossible or inappropriate to provide them, and there is no elimination of existing parking spaces. Given the confines of the property, it is impossible to provide the required space. Therefore the applicant is requesting the purchase of one (1) in-lieu of parking space, at a cost of $15,600, in accordance with Section 4.6.9(E)(3) of the LDR. Additionally, as a tenant of the property, payment of the fee in full is due upon issuance of a building permit. Given the subject property's close proximity to the Federspiel and Old School Square Garages, Staff is confident the granting of the request will not negatively impact the surrounding neighborhood. Furthermore, Comprehensive Plan Policy C-4.1 of the future Land Use Element encourages the rehabilitation and revitalization of the Central Business District through several means, one being the provision of parking through innovative actions such as the In-Lieu of Parking program. REVIEW BY OTHERS The Parking Management Advisory Board, at its December 28, 2010 meeting, recommended approval of the applicant's request in a 7-1 vote, (with Mr. Gimmy disenting and Mr. Morse recusing himself) The Community Redevelopment Agency, (CRA) and Downtown Development Authority, (DDA), approved the applicant's requestat their respctive meetings . RECOMMENDATION By motion, approve the request from Cafe De France for the purchase of one (1) in-lieu of parking space, at a cost of $15,600, to be paid in full upon issuance of a building permit, by adopting 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 Section 4.69(E)(3) of the Land Development Regulations. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR CAFE DE FRANCE 1. This in lieu parking fee request for the purchase of 1 parking space in-lieu has come before the City Commission on February 1, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for Cafe De France. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of 1 parking space in-lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? At $15,600 per space totaling $15,600.00. Payment is due upon issuance of a building permit. Yes No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 1 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 in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 1st day of February, 2011, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. McDuffie, Mayor 2 ,,,~ ~o~ozw. o c~smoo-ad zatc-Paz-cgs asnooo-ev OZI a~}ins pn~~ ~iZUel;y ~ O~.I wo o ~o - ~~c~r~ ~~ •~oyoa o~oa, »a~is >>;ti nnN toez Nois3a aoia3iN~~ oNiNNV~d :an!o3iiH~av ~'z ~ ~~,~~~~r x zs~~~n~ a'J'WCYL~ ~ ~ v :aoj ~;ied ~N;Hn;a aa;a3ix3 n3N o ~ ~ o ° N d ~ ~ o ~ Z Q _ `~° - m ~ ~ ~n s uJ ~/~b' ~11Nb' i '-'V~LS'd~ _,.. I ~ I N~~~ r+ dr z ~~~ a <o~ ~~_ ~~~~ ~~. z 0 v Zw~ - -- ~ ~ 3>a `° ~co~ a • Zo -~ - ~i Jl w - -, ,emu ~ - - ~V 0 Q J O a ~~ ~R~ i ..: ,. r ~~~,~~~ ~' s, ii .: a~ ~l. w ' ~i ,- fi ~ ~..,R '' ,~ ,~' r.,j~` ~' e a,, t S... _ ~~ int.. ik 'T~~ ~ ~ , ~, ~I ~ v ~ , ~ ~, +i d~ ~ r-~ ~ I ~ fC f s iti i v' ~` 1~ ~ k ~ N P ~ ~ ~ G ~` ~~~ ,"~~ LL ~,, 3 '' _ f ~o ~° - ~ dA i ~ a L ~ ~ 0 > ~ ~ ~~~,_ ~ ~ , ., ~ _ 9 ~ ~ ;~ Q i , •w, fC !- U n M w ~ ~~ .. 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I~r:..., ~' ?~ MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: January 26, 2011 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 REQUEST TO WAIVE FEES FOR STAFF AND USE OF POMPEY PARK FACILITIES FOR ALL PEOPLE'S DAY® DIVERSITY FESTIVAL ITEM BEFORE COMMISSION Request City Commission consideration to waive facility rental fees at Pompey Park for the ALL PEOPLE'S DAY DIVERSITY FESTIVAL. BACKGROUND The ALL PEOPLE'S DAY DIVERSITY FESTIVAL is organized for educational and charitable purposes as a community service which is free to the public. Ms. Susan Berkowitz-Schwartz, Founder & Festival Coordinator of All People's Day, is requesting that the fees for use of Pompey Park's facilities and staff support be waived. The festival is scheduled for Sunday, March 27, 2011 from 9:00 a.m. to 6:00 p.m. at Pompey Park. The facility rental fee is $955.00. The ALL PEOPLE'S DAY DIVERSITY FESTIVAL had their first event last year where over 300 community people attended. Staff recognizes the contribution of this organization, but feel that this might set a precedent for other facility rentals. Therefore we cannot support this request. RECOMMENDATION Staff recommends consideration of the request received from Susan Berkowitz-Schwartz to waive fees for the festival. ~ ~'~4~n~t ~~~?~. OltlE PLANET Uf1T'ED ~. 307 NW 1 7th ;venue ~' ~'' Coal Springs, FL 3~(37'I TeI ~~4.34f1.21 ~ 5 - Fay ~~~.. ~~5.173~ www.npuni~ed.csrc~ A 5Q1 {C} {3} Nan-Profit Organization 'Presents The ALL PEOPLE'S DAY® DIVERSITY FESTIVAL Ms. Abby Murreil Rec. Supervisor POMPEY PARK 11 D 1 NW 2"~ Street Delray Beach, FL 33444 Dear Ms. Murreil The ALL PEOPLE'S DAYc~ DIVERSITY FESTIVAL is organized for educational and charitable purposes to foster peace and harmony among cultural and issue-based groups by promoting unders#anding and mutual acceptance. As a community service this event is free #o the public and is scheduled for Sunday March 27, 2D11 frorrm 9 AM to 6 PM at Pompey Park. The con#ract with Pompey Park calls fora $955 rental fee. includ'mg a $300 deposit, which really puts a strain on our finances. Thus, due #a our limited-resosirces this is a request for these fees to be waived. As you know we had a very successf~~l ev~nt'I~s# year where over 30D communi#y people attended. We also receives{ a' Gity of Delray Beach Proclamatio~a stating tha# March 22, 2'D1 D was All People's Day. We wil[ Ise pr~ser~led with another such l'roclar~atian on March 1, X011 for the 2D11 event which we expect to double in attendance. Yours truly, Susan Berkowitz-Schwartz Founder & Festival Coocdinatar of All People's Day:,-~ (561) 495-9818 susan@allpeoplesday.arg oaoxz i ' R Consumer's Certificate of Exemption ~ oa~as ~l l: Issued Pursuant to Chapter 212, Florida Statutes 12/05/09 DEPARTMfi•lT OF RfVENUE ~f 1! OFPREV£NVE important Information for Exempt Organizations C}R-14 ~. oa~ta~ 1. Ynu must provide ail vendors and Suppliers with an exemption certi#icate before making tax-exempt purchases. See Rule 12A-1.038, Florida Administrative Code (FAG}. 2. Your Consumer's Certificate of !~xemption is to be used solely by your organization for your organization's customary nonprofit actiuities. 3, Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4, This exemption applies only to purchases your organization makes. The sale or lease to others by your organization of tangible personal property, sleeping accomr'nodations or other real property is taxable, Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real properly (Rule 12A-1.070, FAC}. 5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax, tJnder no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty n# 200% of the tax, and may be subject to conviction of a third degree felony. Any violation will necessitate the revocation of this certificate. 6. if you have questions regardir€g your exemption certificate, please contact the Exemption lJnit of Central Registration at 850-487-4130. The mailing address is PO BQx 648t), Tallahassee, Fl_ 32314-F4B0. ALL. PEOPLE'S DAY DIVERSITY FESTIVAL SUN, MARCH 27, 201 . 10:00 AM - 5:00 PM PoMPEY PARK (INDOORS) 1101 NW 2"~ St, DELRAY BEACH, FL 33444 Sponsored by One Planet United, a 501 (c) (3) Nonprofit Organization FREE & FAMILY FRIENDLY We use the arts in new ways to touch people `s hearts "discovering our Connections. " ACTIVITIE5 INCLUDE: 10-11 AM Workshop far 50 people MAKE A CRAFT that shows we're all created from the same materials and should therefore be treated with equal respect. For Pre-registration Starting Feb. 26 Call {561) 495 -9818 11 AM-5PM LIVE PERFORMANCES from many different ethnic groups BOOTHS with arts activities and interactive information SELLING BOOTHS for ethnic faads & multicultural arts FAMILY HOLIDAY EXCHANGE PROGRAM Sign-up ART CONTEST winners will be announced RAFFLE PRIZES from local merchants GET INVOLVED a-mail susart~allpe®plesday.orq View a 2 minute Videa of last year's great festival at www.allpea~lesda~.®rg AMERICAN SIGN LANGUAGE INTERPRETER PROVIDED MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 26, 2011 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 SPECIAL EVENT REQUEST/ VIVA SOUTH FLORIDA ITEM BEFORE COMMISSION Commission is requested to approve a new event "VIVA South Florida" produced by Pegasus Entertainment proposed to be held on the grounds of Old School Square and Old School Square Park on September 9 & 10, 2011 from noon to 11:00 p.m., and September 11, 2011 from noon to 8:00 p.m. Commission is also requested to approve staff support for traffic control and security, EMS services, site cleanup and trash removal, electrician assistance, barricading assistance, event signage, trash boxes, use of the City generator and to grant a temporary use permit per LDR's Section 2.4.6 (F) for the use of City rights-of-way to include NE 1st Avenue from Atlantic north to the garage entrance and Swinton from Atlantic to approximately NE 1st Street BACKGROUND Attached are a letter, special event permit, site plan, budget and economic calculator received from Mr. Carrillo, CEO Pegasus Entertainment. The proposed event is a Latin American Festival designed to be a kickoff event for Hispanic Heritage month. The West Palm Beach Hispanic Chamber of Commerce is supporting this event. Delray Beach has been selected as the preferred site in Palm Beach County in order to draw from a larger Hispanic population to the south of us. The event producer will be responsible for event management, programming, vendor selection and site fencing. Staff support is requested as noted above. The estimated staff overtime costs is $25,600, trash boxes $400 and signage $250 for a total cost of $26,250. The event producer is required to pay 100% of City costs. At this time, there are no other major events proposed for September 2011. Staff is recommending a change in the site plan to move fencing on Swinton further south so as not to block access to the homeowner just south of DaDa's. RECOMMENDATION Staff recommends consideration of approval for the "VIVA South Florida" event proposed to be held on September 9, 10 & l 1, 2011, the temporary use permit for the use of a portion of Swinton Avenue as changed by staff and NE 1st Avenue from Atlantic to the ground floor entrance to the garage, staff support as requested, signage, trash boxes and use of a generator with the following conditions: 1. Site plan be approved as amended by staff. 2. The City is to be provided with a Certificate of Liability Insurance from the amusement ride operator one week prior to the event. 3. The City is to be provided with a copy of the State Inspection Certificate for amusement rides prior to operating any such rides. 4. Reserved parking in the Old School Square Garage is limited to 70 spaces. 5. Tents cannot be staked in the ground. Barrels or concrete blocks to be used. 6. The event producer must provide City staff an electrical and water use plan at least two (2) weeks prior to the event. 7. No vehicles will be allowed to drive on the grass area of the Old School Square Park site. Walkways only to be used for this purpose. 8. Event sponsor to provide onsite dumpster and grease disposal equipment. 9. Signage and banners to be installed no earlier than August 27, 2011. 10. The City is to be provided with copies of executed rental agreements for the Old School Square Park and Old School Square grounds with fees and security deposits paid by August 15, 2011. 11. A security deposit is to be paid to the City by August 15, 2011 in the amount of $3,000, which will be credited against event costs. ~~ierPe ~~r~G~~ fs 7 Gee ~~ry~i~ 1 211 412 0 1 t} To: The City of Delray Beach and Assistant City Manager, Robert A. Barcinski Fr: Pegasus Entertainment, t.LC Re: Inaugural "Viva South Florida" Please accept this letter and accompanying application farm as our formal request for your consideration of a multi-cultural event to be held at O!d School Square and adjacent areas of The City of Delray Beach. The avant is titled Viva South l=lorida'", a iAatin-American Festival, designed #o be entertaining and educational for the entire family. Our proposed show dates are Friday September 8th from 12n-11 pm, Saturday September 10th from 12n-'# fpm, and Sunday September '11th from 12n-Spm. 5e#up will take place on Thursday September 8"' beginning at lam, and take down will begin at the closing of the event on Sunday, and continue through Monday September 12"`with the intent to be wrapped up by 5pm or before. "Viva South Florida" wil! be the kick-off event far Hispanic Heritage Month. Musically and visuafly, Vlva will feature a vast array of cultural entertainment and popular face! performers as wel! as.national recording artists on the main stage. Dining will be focused on but not limited to authentic L.atln dishes and delicacies from Sou#h America and the Caribbean as well as old world Spanish treats. Non-alcoholic as well as alcoholic beverages will be affered, but not as a major focus of the event. La#in arks and crafts will be showcased and affered for safe, and ether intended vendors will include bu# not limited to, travel providers, clothing, musical instruments, packaged food items, publications, collectables, and more. Our plan includes the use of the Old School Square area and the great lawn for vendors and food purveyors, as well as some Crest Theater rooms fior VIP and volunteer and staff check-in. We are also requesting a portion of Swinton Avenue from Erik Atlantic to N.F. 1S` Street to be closed and utilized as a ride midway. Our footprint will closely mirror the Garlic Festival, as this seems to be a workable and practicat layout for the city. We thank you for your time and consideration and look forward to an evens we Nape will become an annual at#ractlnn The City of defray Beach will be proud to most. Sincere 2.E. Carrillo, CEO i Russ Morley, COD 4340 Mgin Street Jcpiter, Florida 3345$ 1+Veiasits: w+n~w.pegasuspresents.com ~~ City o Delray Beach ~t,~~,av,~Enc~ ti ` `J ~~ f~ ' ~ ~ ,~ ~ S ecial Er~entP~rmit P `' dlAtu~'r ~iG4~r ~ ,~ P` '~ ~ APPlrcation { :~. REVZSEa~ a.~.a.zo art 2 "~~ ~ ~ PLEASE TYPE 4R PRINT ?~~~ri ~d ~.~-; `went 1~Iatnel'~'itle: ~~r f/~ c~~ I~'' °..~, ~~. ~~ .vent Dates}: ~ ,~ ~~w. • G ` _ ~~ Tinnes_ ~ =- .~ ~ ^ ~ ^ .equestiz~g street closure: [f yes,. ne~d timefdatc foz ~ ;-~~ Yes ~ ,,~ ~O--~'_ ~- ~- ~.~ '~ r o 'vent~ponsnrlF'rod cer ~. ~ f- - ` ~ ~~. -~`' ~`i~.~'~~.:~ w®~ ~. ~:' ,t it ~-' ~VenC GontactlCoxdator: j w:.~-~.'~ ',;~~ ~ ~~ r ~. ~ `-~~ ? rr , Telephone NurnbeX =~'= . ~~~`"? k w ~~'~ (:'clli~l~tr h`iinii~e~ ~_ ~"' ,~~~ :. E- Ia.~l .Address J ~~ .,' ~ ^F ~ , '~".~ ~ ~ ' ;~~ -». 3 .. .'-...., '' .-~ -- ....~'~. ri.ef Histpry of Event (J~ appliealal~ Panned Ac€i~vities (Outline of activ~tieslnumb~ o~ activities~,i,e. e~tertainnaent, ~aadr n's,rldes; ~ es~otl~er pmer~zms} ~ ~° %.,... ; ~ '~~, _+~ ~.;, Page 1. of Page 2 of 5 I*Tumber of Individuals Served Previt~us Year {il' applicable):1 `~~L~ -~.~~.~.~~.. ~' r "' ~ Ubscr'be ~kie gct~l population anti expected attendazice: ~ ~cP ~°.i~~•a~ ~ f Describe llaw the f~ro~ ain car l,rc>~c~•.~''~trldresses community needs: -' ~~ ;~, n~ •-~ Describe your lVlarketang/Promohon Pro (How will yoxi tnarke~/prnote, i..e. 'lam, r ,; rats, p, posters,, flyers, web s~.~s, other : ~ - , ~ ., .~ ~ ~ ~,~ ~ .,~,_„ Sponsor category (please cheek) City raa Non-Profit/Charitabltw to Private Co-Sponsor -Non-ProfitlPrivate ^ (If1V~on profit attach proof of 5~/lc{3), c(4), c(6), C(lCi}, nr c(19) nr,(c!'),_ ,~ .~ E~t Location (Descz bou~ of eventllocati } ~ -~ f t ,~. Site plan attached: y~;s ~ no {Szte plum requixed far entire event site. Include locations of tend, stage, portalets, dumpsters, portable liglaEtibg, and barricade location if applicable.) Rental of ~1d SchoUl Square: yes ~ no (Tf yes, attach proof of apprc~vat) Rental of Old School Square Park: yes ~ no (Tf yes, attach proof of rental agrree~merit witk~ Parks & Recreation) ,.~>~.. Private 1'roperry iJse: yes __ no ~ ~ . (If' yes, attach Iet~~c giving auihorizativn fr~~. rp operty ovtimex) Event b~itlget Revenue & Expenses attached: yes.~^ n€~ (l~ec~uired far u11' everrtsJ C:113QCi~mants and Settingslfleetrvtwdi73esktoplTer~plSgc~ial Event Yertnit Applicntirnn R~V7SE!? F7AlffEC. F~YIO-I I(2}.dcac Page 3 of ~ Previous year Revenue/$xpense summary attached: yes no (Required far all events) ~,49e~e,7 ~-~ Arts and Economic Impact Calculator attached: yes ~ ~to,~ ,.,_,'~-'~ Obtained on line at wwtv.AmericansForTheArts.org (Required for all events except minor events and SR Runs) Da you have cash sponsors far the event: yeses no (Indicated on budget) Do you have inkind sponsors far the event: yes ~ nn (Indicated an budget) Serving or selling alcoholic beverages: yes ~ na If,- yes, what entity is obtaining tiae Aicahoi License pertmit? (TfYes, copy of license acrd akahot liability itrsurar:ce required two (2) weeks prior to event~I~.~ Event certificate of insurance attached: yes nn- -- -- (Required ttvo (2) weeks prior #a even# nar-~irtg the Gity as additlanal insured, also required for vendors) flaying of amplified music: yes / na (Waiver required) Will there be entertainment: yes V nn (If yes, attached list of Performers andlor DJ's} Yf yes, sponsor agrees all entertainment will be~amily oriented and contain no obscenities: yes ~!// n© Requesting Police assistance. yes V no (traffic controUsecurity) Will supplement with private security: yes #~ no (If yes, need plan attached) Requesting Emergency Medical assistance: yes ~, no Requesting barricade assistance: yes• i~ „~, no (If no, how axe you handling?) Requesting trash removal/clean up assistance: yes~,,,,,_,. no (If no, how are you handling?) Requesting trash boxeslcontainers and liners: yes ~ no Requesting stage use ~ yes ' no~~ (lf yes, chec _ - Large st a (14 ') Smaii stage (16' x 21') t~ Hait` small stage (S' x 21') i=i C:tUocumetris and Settings eei ood11)eslcroplTemp~Spectat Event Permit Applicafion lt~+V1SLD FIt+tAi. FYtO-I t{2},dac Page 4 of 5 Requesting signage; ~ yes E/ rIo Type, 4'x~L'Eve>at sign ~ Parking Signs- ~ - L. ~s~.~r Baniner hangin Indicate dates requiired / • (Waiver required ifmore than one (I) meek prior to event) Requesting City Portable Generator: yes.,.~~ no (If Yes, size & power} Fotad anal beverage vendors: yes„~l~ no If ~+es, approai;imate number - / (Health Department approval required} yes-_ / ,~ no Qther vendo~ts: yes ~ no (Indicate type) -~~ ~ -- ~/r~ ~?~n.~'~ni~l~~. Tents: yes d~ no If yes, bioty mariy_ l ?~"~r~~ 1~Vhat size or size required 14 !r- r d {a[~`yes, ter:tpermits and fire ir:spectinr~s may be rZeeded) W ilI the event include amUSemerlt rides: yes ~/ no (7f yes, type and krcation artd copy of liabil~i ~jyy ins,~r.~ce rewired, also r uares stale license nd it ctror:.) ~cvi~.t1/~~y~.~u~t~~~~r/e~j~ ~~~~~~ WiII the event be gated: yes ~ no {Show o si a reap) ~~~~~~ Will there be a charge for the event: yes r/ no {If yes, indicate ticlretp,:ices) $~p_ o~ Will tliitre be fireworks ar other pyrotechnics: yes zIO /r (.lf yes, contact Fire Marshal to rrbtain and complete permit application) Will there be cooking with compxcssed gas: yes ~ no_ - -_ (If yes, contact Fire Marshal for inspections) WiII you be providing port-a-lets for the event: yes_„_,~ zto (~Tf yes, locate on~ite map. If na, indicate how you will handle restroos: needs) Is reserved parking requested: yes ~ no (''yes, indicate locations and purpose, fvr use) ~~~ C:l1)ocumeuts and Seitingsltleetwoocil[3esktaplTe~uplSpccial Hvenf Peami t AppIIcaE~oa FiSVISBD FINAL PY10-13(2).dac Page 5 of 5 went Permit Attachments: +f RevenuelExpenseBudgei ~RevenuefBxpense Recap Last Years Event Site Plan ~~Arts and Economic Impact Calendar Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Cansumptiarz Alcohol Beverages Proof of Non-Profiit Status General Liability Insurance Certificate ~C Alcohol Beverage Liability Certificate ~ Proof of Rental Agreement nr ,Authorization Letter from Private Properly Owner ~ Vold Harimless Agreement, notarized. ui~mxttal Date Requirements: • Minor Eveirtt ~l5 days prior t© event • Iuntermediate Event 90 days prior to eveint • Mayor Event 120 days prior to even • Neighborhood Black Party 30 days prior to event ~~~ ~Z~ y/~~~v vent ContxaetorfCo dinatox Date -~ cease print, - :~~lf ~~`~ --~- lease enclose the appropriate non-refundable aplicatinn fee payable to the City of dray Beach, 1fi0 N.W. 1&` Avenue, Delray Beach, Florida 33444. Required with permit ~plicatinn. or Staff rise Only ~ ate Received ~ ~ Application fee received ~d2~ Documents and Selfingslflectw+wdlDes&top~Temp~Spccia! HvenEPermit ApplicatianILI3VISED FtNAE. FY10-1 t (2).doc Swinton Ave. PA2 .~ RIDE lvSIDV~AY / GAlvlES ~,~= ~ PORT-O-EFTS t fi ~~ r _~ CRAFTS ~~~~ ~ - ~:~~ ~ 'Y ~ ARTS & C RAFTS ~~ ~~ ~ ~ ~~` FooD VFNDoRS ~~~-~w E ~~ ~~ _~ ~,. ~ Win' r .may. _ - VIP AREA 4 - a-- ~ < ~F ~, ~a =*}~ ~~ .~~ --tom - { ~- - o-1 ~-~~ ~ - ~~ ~ ~ ~ rr - . :t ~ ~• ~~~ ~`~ ~ '~`~~ MAIN STAGE -~ _ _ _ -. .... ~. ~ -. r ~_ -.. ,~K~. DINING TENT ~ „ __- ......,~. ~- ~~ ~ _ ,.,. ~{ :~~, BEVERAGES =~ ~~.. ~ .. . ~ ~~ ~ NORTH CHECK IN ~~~ ~~ ~~~,~~~ ~ ~~~ ~~~~ PORT O LETS - .~ ~ ~~ ~~~ D I N I N G ~~h ~ ~~ ~ ~~ ~ ~ ~~ ~ ~ r ~, ~ ~~ TENT ~.~ ~ ~.~ ~ ~ ~ ~ , .~~ ~~ L':.... .._. ,.,.._ ._,... ..":gib a~ „fix. 5^~ yy ~ ~ -. ,~- ice;. s' f _ - - ~ ~ y . ~ ~ - ''+~ ~'_~" - is .~' -,- ~, Y ~ ! ~ - 1 ~~ :BEVERAGES _~~°~:~x~> ~j~~~ ~ - ;~~R`. ~_ r .,~ ~ ~ ~-~ (!1 , ~~ ~~ ~k -~ ~ z ~ VENDORS ~ ~ ~~~ -~ ~ ~>.r x - h ~~ .. ~ s -~ ~~ ~- ~ ~ ~ ~ aa~ ~~ ~ 3 ~ o~~ F o ~~~ x ~w r ~ ~- ~-~~ _ ~ ~ '~ ~ ~ ~ ALatin-American Festiva! ~. ~Y -~ pyp 1f t -. -- ~ '(~ '. - ~ ~,a ~ ~ ~ ,3 DISPLAY R ,~ y h l.. ~~ - 7 ~ ~ AREA ~- ~ _ s ~~ ~~ EAST ENTRANCE { ~- ~~~ ~_ ~ ~.:~ _ ~~~ r ~T ~ ~:. '.x ~~ti ~~~1~~, ~ ? 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' ~~, t a> ~ i:..:f ~ ~ -i ~ o n o cx . .... c ~4-n~ €~~ °- 4 a O ~ ~ ~ ~ ~' - ~' ; ;~' - ~ °' o V) " 9 ~ " N ~ U) ~ IIy !~ m ~ d1 c u d a ~ ~° 1 ~ ~- ~ c ~ ~ a- -- s x 7 c tET ~ t r, ~+ ro ~~s W n ~ . n a ~ {ti ~ ~;«°~ O ~. ~~~ Ns C~ tq x O x o d ~ ~ S6 E v ~ dY N _ '~a b 'ca ~ a> c m 1C O . c d I.. c ~ c N c W . c N c a , F , c w ~ a~ n ~ ? y s~ ! qi i I I `.' -~ ~ , p ~p o m:=.e W ~ V it ; 2 N t/> I-- ~ €Ik, `~~+ Q ~ m U Q D w LL u. tL U' tL ~' [!,' 0.' 0.' R' a OC 0.: 1- ~ ~ ~ _ .}-•4 1-~:~~^ :led Document Ffortnation TEP 7; PaPUI.ATION OPUI_ATION of your community: 50,000 to 99,999 . - TEt' 2: TOTAL. EXPENSES {optional) our organization's TOTAL EXPENSES (please do not use commas}: g 556575 TEP 3; TOTAL ATTENDANCE {optional} OTAt_ ATTENDANCt= to your organization's ar#s events {again, do not uss commas): 350©0 ca Icuiate ~tal ~conntnic ltrtpact pf~ reset Page 1 of X Total Exi}enrtttures Household FTE Job's tltcome Local Govertttnent State Governnten# Revertue Revenue Nonprofit Arts and Culture Organizattons: $556,575 17.2 $365,998 $18,985 $21,675 Nonprofit Arts and Culture $792 750 2Q9 $321 571 $31 488 $36 903 Audiences: , , , , Total Industry impact: The Sim ai Drgagizations and Audiences) $-1,34,325 38.1 $687,569 $50,473 $58,582 Print Your Resul ts Please see tho fns print below. flnitiallS ta[ Expenditures: The #otat dollars spent by your nonprofrt arts and culture organization and its audiences; event-related spending by ar#s and culture audiences is estitna#ed using the average dollars spent per person by arts event attendees In similarly populated cammunitios. Back o Caic lato E Jobs: The total number of full-tune equivalent {ETE}jabs in your community Ihat are supported by the expenditures made by your arts and culture organization andlor its audiences. Art FTE can be one full-time employee, two half-tame emptoyees, four employees who work quar#er-time, etc, Back !o Calculator ersehotd Income: Tha total dollars paid to community residents as a result of the expenditures made by your arts and culture organization andlor its audiences. Household income includes salaries, wages, and proprietary income. Beek io Calculator vertsment The total dollars received by your local and state governments (e.g., license fees, taxes) as a result of the ~rentte: expenditures made by your arts and culture organization andlor its audiences. Back to Calculator ?<n using estimates derived from this calculator, alvrays keep the follawing caveats to mind: (1 } the results of this analysis era based upon the ragas of similarly populated communities, (2) InpuVoutpuE models Suers customized for each of these similarly populated communities, riding vary sperafie employment, household Income, and government revenue data, and (3) your results are therefore estlntates, and shau[d be used as a substitute for conducting an economic intpacl study chat is customized for your community. OO Copyright 2tl€l7 by Americans for the Arcs. ww4v.Am a rice n s F orTh eA rts. o ro 'fwvvvir.americansfor#hearts,oirg/informatian servicesfreseareh/servtcesfeconomic imp... 8/27/210 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 25, 2011 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 SPECIAL EVENT REQUEST /ASIAN FOOD FAIR AND CULTURAL SHOW ITEM BEFORE COMMISSION City Commission is requested to consider approval of the 8th Asian Food Fair and Cultural Show being held in Delray Beach sponsored by the Bangladesh Association of Florida, which is proposed to be held on March 19 & 20, 2011 on the grounds at Old School Square and in the Old School Square Park from noon to 10:00 p.m. Commission is also requested to grant a temporary use permit per LDR's section 2.3.6(F) for the closure and use of and a portion of NE 1st Avenue, to authorize staff support for traffic control and security, site clean up and trash removal, EMS assistance, regular event signage and assistance with banner hanging. The event sponsor has also requested per the event permit the use of the CRA Parking lot, Old School Square Garage, County Garage, North City Hall lot, 200 reserved parking spaces in the Old School Square Garage for vendors, VIPS's and sponsors, City generator, four (4) light towers, trash boxes and an event sign on I-95. Staff is requesting a waiver to the Event Policies and Procedures to allow more than two (2) major events in March. BACKGROUND Attached is an event permit request from Mr. Rahan Jabir, on behalf of the Bangladesh Association of Florida, for this event proposed to be held March 19 & 20, 2011 on the grounds of Old School Square and in the Old School Square Park. Also attached are the site plan, budget, economic calculator, Certificate of Insurance and Hold Harmless Agreement. The purpose of this festival is to celebrate Asian and Pacific American Heritage and promote cultural diversity. The site would be fenced and there will be an admission charge of $10 for adults, children under 6 years old are free. No alcoholic beverages will be sold. Mr. Jabir is requesting City staff support for security and traffic control, EMS services, clean up and trash removal, event signage, 200 reserved parking spaces in the Old School Square Garage, event site signage, I-95 signage, use of the City generator, four (4) light towers and trash boxes. On their site plan, the event producer has requested closure of NE 1st Avenue to NE 1st Street. Staff recommends denial of this site plan and has amended it to provide for closure with fencing just north of the ground level parking entrance to the Old School Square Garage. This will allow public access to the garage. The City will man this garage and charge $5 for parking. The event producer has also requested 200 reserved spaces in the Old School Square garage for staff and vendors. We are recommending 70 spaces. The event producer will have to enter into an agreement with the CRA for use of their lot and we are not recommending use of the South County Court House garage since in the years past no one used this garage for the event. Per Special Event Policies and Procedures, Section III (D), only two (2) major events are allowed in a month, therefore, this provision needs to be waived. Staff supports this waiver. Applications for the St. Patrick's Day Parade and Carnevale Delray Beach were received and approved prior to receipt of this permit application. The estimated staff overtime for this event is $13,100, trash boxes $350, signage $250 and light towers $400 for a total of $14,100. Per Event Policies and Procedures, the event producer will be required to pay 75% of overtime and 100% of other costs for an estimated total of $10,825. RECOMMENDATION Staff recommends consideration of approval for the event permit, the temporary use permit, staff support as requested, standard 4' x 4'signage, use of City generator, four (4) generator light towers, forwarding the I-95 signage request to FDOT, reserved parking in the Old School Square Garage, and waiver of Section III (D) of the Special Event Policies and Procedures with the following conditions: 1. Site plan be approved as amended by staff. 2. The City is to be provided with a Certificate of Liability Insurance from the amusement ride operator one week prior to the event. 3. The City is to be provided with a copy of the State Inspection Certificate for amusement rides prior to operating any such rides. 4. Reserved parking in the Old School Square Garage is limited to 70 spaces. 5. Tents cannot be staked in the ground, except the large pavilion tent. Barrels or concrete blocks to be used. 6. The event producer must provide City staff an electrical and water location plan at least two (2) weeks prior to the event. 7. No vehicles will be allowed to drive on the grass area of the Old School Square Park site. Walkways only to be used for this purpose. 8. Event sponsor to provide onsite dumpster and grease disposal equipment. 9. Signage and banners to be installed no earlier than March 5, 2011. 10. The City is to be provided with copies of executed rental agreements for the Old School Square Park and Old School Square grounds no later than February 25, 2011. - City of Delray BeCj'[/ Special Event Pert ~V ~ 9 ~Otd Applicationpp 1rvlsr~rfv~sF~lv~c~ REVISED 11.2.I~ PLEASE TYPE OR PRINT Event NarnelTitle: ~ ~ I ~ ~ '~~~~ ~~ 1 ~ `~ ~y ICU ~~~. tI` ,~ ff /~~arlr Event Date(s): ~~~~ (.~ ~~~'t~~ ~c~l~c~~jTimes: ~ 2 P~ ~C0 DELRAY tiFACH X11-Amer~caC9ty ~~o '1993 20Di ~~(')L~~~f~~ 1®Pv~M Requesting street closure: yes ~ no (If yes, need timeldate for closure and reopening) Event SponsorlProducer: ~)re ~~~~~ ~.._ ~a. ~d ~' (~ a•~ _~1-~` ~' ~~. ~~ Event ContactlCoordinator; ~1~ * ~f~_n__ ~ ~~~~~ ` Name; r1 ~tl , t~~ Address: Telephone Number: E-mail Address: ,~, Event Description/Purpose: .- n ~i r-, r a~~~ ~- ~ r J C'~~~1~ 0 ~ Ci~/ r~U.4,~1 ~!~% Brief History of Event (lf applicable}: Planned Activities (OLLtIiL><e of activities/number of activities, entertainment, children's rides, games, other programs): ~ ~C~ ~~i~= /~ Y~ ~ /~ .~ ~ 1~~-~ „ ~~7~ ~~ ~, Page 1 of 5 Page 2 of 5 Number of Individuals Served Previous Year (if applicable): Describe the targeted population and expected attendance: ~Q,(~ .~ ~~ p ~~~D~~3 j~p~ Describe II w the program or project addresses camn~unity needs: ~ yyl~ t t~- IA , r ~ ,n ~.-~VVV 4 Describe your Marketing/Promations Sponsor Category (please check) City ^Nan-Profit/Charitable ~a'Private ^ Co-Sponsor -Non-ProfitfPrivate ^ (If Noir profit attach proof of S01c(3), c(4), c(6), C(IO), or c(l9) or (d) Event Location (Describe area boundaries of event/location): Site plan attached: yes t/ no (site plan rerluired fo~• entire event site. Incl~><de locations of tents, stage, portabts, dumpsters, portable lighting, and barricade location if applicable.) Relrtal of Old School Square; yes t~ no (If yes, attach proof of approval) Rental of Old School Square Park; yes 1/ no {If yes, attach proof of rental agreement with Parks & ecreatian)/ Private Property Use: yes no V {If yes, attach letter giving authorization fia p •opert~awner) Event budget Revenue & Expenses attached: yes na (Regrrired far all events) C:II]OCllMt;~llaw~zerILOCALS~11'1'emplRar~yDl04.fi251speeiaE ];vent Pcrn~it AppEication REVISED FINAL FY10-l l(2).doc Page 3 of 5 Previous year RevenuelExpense summary attached: yes ~~ no (Required for all events) Arts and Economic Impact Calculator attached: yes / no Obtained on line at www,ArxtericansForTheArts.org {Required for all events except minor events and SK Runs) Do you leave cash sponsors for the event; yes~.__ no {Indicated on budget) Do you have inkind sponsors for• the event: yes no (Indicated on budget) Serving or selling alcoholic beverages: yes no_~ If yes, what entity is obtaining the Alcohol License permit? (If yes, copy of lrcerzse rrnrl r~lcoliol lirrGi/ity irtsuj~rutce rer~rtired fwo (2) weeks prior to e ve~tt) Event certificate of insurance attached: yes V no (Required trvo (2) weeks prior to event rrrrnting the City rrs nrlrlitiatal irrsru•ed, also rer~rrired for vendors) Playing of amplified music; (Waiver regrcirerl) yes t/ no Will there be entertainment: yes_~ no (If yes, attached list of Performers and/or• DJ's) If yes, sponsor agrees all entertainment will be fa oriented and contain no obscenities: yes no_ Requesting Police assistance: yes V no. (traffic control/security) Will supplement with private security: yes_~ (If yes, rreerl plrtit rrftaclrerl) Requesting Emergency Medical assistance: yes Requesting barricade assistance: yes ~/ (If no, haw are you handling?) Requesting trash removallclearr up assistance: yes {If no, how are you handling?) no no no na Requesting trash boxes/containers and liners: yes ~ no Requesting stage use: yes na_~ (lf yes, check tape) Large stage {14' x 36') ^ Small stage (16' x 21') ^ Half small stage {S' x 21') Q C:IDQCIJME~IlON7ier1LOC.AI.S~iI'C'emplRar$DIp4.625lSpeciaE Event Pern3it Application REVISED FrPTA[., PY10-] 1(2}.doe N~..~ •-fv ~~9~s~ ~-1r• Cdr ~~~~ X q ' ~ % ~~ h~.r~~ '~ ~''~~~%,~~/~S/dl ~ Page ~ of 5 Requesting sig»age: yes no Type: 4'xd'Event sign Parking Signs Banner hangin !.~ Indicate dates required ©~ -- 1 ~.~ 2{7 1 14-03.-2-~ -?-~E t *. (Waiver' regrtifierl if more tltarr Dire (1) week prior to event) Requesting City Portable .Generator: yes-_ ~ no (If yes, size & power) Food and beverage vendors: yes t~ If yes, approximate number ~`" - ..._.._ (Health Department approval required] yes Other vendors: yes no na no /D v©If f z~ '° o/f dJi/T r4 ~, r/v~ c~~f j G-7~~.~~i4~~ r Will the event include amusement rides: yes t~ no (If yes, type artrl locatiat artrl copy of liability rrtsrtrartce required, also requires state license and ifirspecliofifi.) Will the event be gated: yes (Slio>•v ort-sr'te rnap) Will there be a charge for the event: yes (If yes, irtrlicate ticket prices) $ r~ ~ ~ , Will there be fireworks o~• other pyrotechnics; yes (If yes, contact Fire Marshal to obtaifit afirrl complete perfirti Will there be cooking with compressed gas: yes~~ (If yes, cojrtact lire Marshal for ilrspectious) 1>0 no~ no~•, f applicatiofir) no~ Will you be providing port-a-lets for the event: yes no~-- (Ifyes, locate orfi-site map. If rro, indicate lro-v you will I firdle r'estroorfit rreerls) Is reserved parking requested: yes no (If yes, indicate locations and propose for rise) ~ 3 Y~/,'~~ ~.®a ~~ C:1DC)CIJME~ J IOH~zer1LOCALS- llTemp112ar~D104.6251Special Event Permit Appl icatia~i REVISED FII\~AL FY 10-1 l (2).doc Tents: yes•_-~ no If yes, Ho~v iyaarry ~~ ~~- ~ ~ Wltat size ar size regrtirerJ t0, l ~. ~~X`~ ~ ~X' ~~ (If yes, tent permits nrzrl fire ittspectiorts may Ge rreederl) ~ Page 5 of 5 Event Permit Attaclim~nts: tom'°F Revenue/Expense Budget ~RevenuelExpense Recap Last Years Event _ ~ x/"-Site Plan ~ Arts and Econonrie Impact Calendar Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages ~~Proof of Non-Profit Status t/ General Liability Insurance Certificate -Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner ~r°~.Hold Harmless Agreement, notarized. Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 clays prior to eveaxt • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event Event Contractor/Coordinator Please print: Date Please enclose tl~e appropriate non-refi-ndable application fee payable to the City of Delray Beach, 100 N.W. 1St Avenue, Delray Beach, Florida 33444• Required with permit application. Fo1• Slrrff Use Only / Date Received / r~~ 9/~~ Application fee received $ ~ C:IDOCUA4E~t10H~ie€1LgC'AI.S--IITemplRar~D104.6251Special Cvent Permit Application REVISED FINAL PY10-1 t(2).doc • ~~~ ~~~1 ~~~~ r T .. ..~._ .~.._. ._ ~ - r T _ , f ".. .` ~~ l ryry v ¢ _ ___ _ _ _ _ r ',r t f. 1. i', _ f . ~ I ` !t - k i- t J - y ~ ..'{ t n 5 3 S S$VVS$~ _ ~ J~- _..,_ _...._L_ ! i.}'. ,..~ ~f -?~ .~ __~ ` -.~. ~ - 4 ~ ~ j.' 3L Jr4= "•~.~` ~l . ti 5 i„ i! L~/ ~ """ ' I 4 ~~ nom`- ~" :,, S i ~ ti;t, j 3 j tom. ,, ~ -- ~ ~.- -------- { ~ Y ~ i _ i -_ ~-1 ~~-~- -= - - c j r ~ __ y iii _ .._ _ _ { i f 1 I{~ ~' 7`.,>> ' ~~ a ~ r ~ ~~ ~~ f a O ~ ~ 'r ~ I1 i .~ ~ ~ ~ ; ' ~,. j ~P~~' '7- li. 1 _ ~~ ~ - ~ ~ ~ ~ ~ 5~ ~ 3i ~ ~ VIII. ! ~ ti - ~ ~ S ~ i k <} ~s_,T,StiS °3.., ~ 3 :~ I -s=_~i,___... _ _ . _ .._.. __ _ ~_ _' I-J~ I~ I ~ , . is i f~ ' r+~ ~ __~i : ~. `~ ~ ~ ~ - i o y~ i -1 ~ [~ `:~.~,r-.{ ih T' {7~ r(f rte' tj ~ ?Lr f,~r~~~.~~~. _ -rte-- ' ~~ ~`~ ' ~. .~ . ~ / ~-- _ ~ _ ~. ~ ~! _.- z.~ . a~~ _ ~ __._ __.__- ___._--- .~ ~.__ ~,, ~.o ~ ~-.~~~- ,. Bangladesh Association of Florida presents.... Photo... 18th Asian Food Fair and Cultural Show 2011. Celebrate Diversity in Cultural harmony Saturday- March 19th 2011 Sunday- March 20th 2011 12pm to 10pm Old School Square Cultural Arts Center 51 N. Swanton Ave Downtown Delray Beach, FI From 1-95 Exit Atlantic Ave. Go east to the corner of Swinton Ave Asian Musical Night Sat&Sun Featuring Super Stars from Indian& Bangladesh. For any info; 561-876-2255, 954-873-1411, 954-549-3483 Cultural-754-246-2801, Advertisement- 561-317-2136, Stall-561-255-9736 ~ 8th Asian Food Fair & Cultural Show"11 www.asianfair.org Focal points Over 20,000 Attendees Over 300 Perfumers Over ~ 00 Celebrities/ Guests Famous Multinational Companies, Wholesalers, Singers, Dancers, Performers, Renowned Journalists, Intellectuals, Us Government Officials, Diplomats, LvcallState & National Dignitaries. Cultural Activities Asian countries dancers, Chinese Acrobat dancers, Martial Arts demonstrations, Magic show illusion, Thai Kwando, Indian Bollywood acts, Japanese Takeo drummers, Bangladeshi playback singers, Indian playback singers, Fashion show and much more.. Asian Bazaar Arts & Crafts apparel, Jewelry, Henna, Handicraft, Asian clothing and much more. Nonfood booth Wholesalers, Real S#ate, Banks, Oil Company, Insurance Company and much more. Food booth Bangladeshi food, Indian food, Pakistani food, Chinese food, Thai food, Japanese food, Middle Eastern food, Carribean food and much more. ~~ ~ °~ ~ 4 ~ A ; ~ ~ is'k?'k z ~` ~~, ~ 4. ~ C F T i ~ r 7~~ ~~ j 1, ~ - r..,,_ .. Bangladesh Association Talent Competition (FCAT} For details visit our website v+awvr~.~:~,~nfir.~r~ct 1$TH W4~JL'1.A51Af~fFi~E~.[]k?~i ~~;~~;?~; ~.~~'` {~,;~~-~~.E{.~ i:`a, ~re~ra~~r~s, ~Ic~rid~ -~ 33463. Asian Food Fair & Cultural Show 2011 March 19th and tot" Proposed Budget Income; _ Advertisement -$~ 5,000 Donations =$25,000 Sponsors =$20,000 Entrance Fee =$30,000 vendors =$24,000 Totai =$ 119,000 187#1 i:~ ~:~ ~3 ~ €~ 13~ ~ ~ ~.T l€ R~ ~ ~ ~# t:~~~~ 11!~2~} ~l.~~~„ ~`~~t,~~tt~,as i''°a, ~r~~rlaCr~S, Florida -~ ~~463. Asian food Fair & Cultural Show 20~ ~ Il~arch 19t~' &2oth Proposed Budget Expenses ;- Site rental =$ 6000 Insurance =$ 2aao Fencing =$ 4500 Teryt = $~ 7000 Magazine =$ 9000 Children Activities =$ 5000 Performer =$ 36000 Donation =$ 500p Volunteer Hospitality = $ 2000 Advertisement =$ 5000 Scholarship = $ 5000 Accounting =$ 500 Total =$97,500 ~ ?' ~e 4l kV4Y.A~IIEPtFRIR.C1t{r: Festival Committee: Mohammed Emran Advisor M. Rahman 2:ahir Chairman Arif Ahmed Ashraf Co-Charrman A.H.M Rana Hoque Convener Mohammed Shahed Chief Coordinator Mohammed Mohiuddin Secretary Syed G. Mahbob Assistant Secretary A.B.M Mustafa Culture! Chairman Kamrul C. Tutul Cultural Co-Chairman Sayed Harun Media Chairman Rafiqul Haque Finance Charrman Ahsan Habib Tipu Magazine Chairman Mohiuddin Bhuyian Magazine Co-Chairman Rezaul Islam Advertisement Chairman Abu T. Khan Advertisement Co-Charrman Md. Kutubuddin Stall Chairman Shahriar Islam Stal! Co-Chairman Eftaker Chawdhury Rinko Fund Raising Chairman Habibullah Fund Raising Co-Chefrman Kabir Chowdhury Tuhin Publicity Chairman Md. Mizanur Rahman T. Publicity Co-Chairman Niaz Mahamud (Bantu} Stage & Decoration Charrman Md. Nuruzzaman Amur t3an gt a dash S tarlCh arm~an Mia Masud Bangladesh Star! Co-Chairman Hafiz Rahman Media Co-chairman Md. Anwar Hossein ,Discipline Chairman Rafiqul Islam Habib Reception Chairman Sirajul Islam Talukdar Technrcat Chairman Md. Mohiuddin Bhutto Enfertalnment Charmran 4629,10'" Ave. Lake Worth, Florida - 33463, Pli: [b6i} 87fi-2265, FAX: [561}842-0992 inf_o~c~asianfair.orc~ Asian Food Fair & Cultural Show 2010 March 27t" and 28~h income: Advertisement =$15,000 Donations $25,000 Sponsors =$20,000 Entrance Fee =$30,000 Vendors =$24,000 Total =$ 119,000 17 try i €;i~k~ 1°1~1~i r ~~t1#~~i~tlf~L ~3~t~r~'d L"-!!'J45t.11~1!lt~lF~tIR.C~ttCa 4629,1Q~'A+re.take4Yorth,Fiarida-33463, PN;(ti6i}876-2255, FAX: {561)842-0992 Fes#ival Cammitte~~ info{n)~341anfai~,.orcl Mohammed Emran Advisor RA. Rahman rtahir ArifAhmeaAshraf Asian Fvod Fair & Cultural Show 2010 Co-Chairman q A.H.M Rana Ho ue March 2 1 t~ O(2~th Convener Mohammed Shahed Chief Coordinator Mohammed Mohiuddln 5ecrefary Syed G. Mahbob Assistant Secrefary A.B.M Mus#afa Cultural Chaimtan Kamrul C. Tutul Cultural Ca-Chairman Sayed Harun Expenses :- Media Chairman Rafiqul Haque Finance Chairman Site rental =$ 7000 Ahsan Habib Tipu Insurance =$ 2000 Magazine Chairmen Fencin =$ 4500 ~ Mohiuddln Bhuyian Magazine Co-Chairman Tent = $17000 Rezaullslam Magazine ~$ 9000 Adverflsement Chairman Abu T. Khan Children Activities =$ 5000 Advertisement Co•Chafrman Performer ~ $ 36000 Md. Kutubuddin Donation =$ 5000 Stall Chairman Shahriar Islam Volunteer Hospitality = $ 2000 stair co-Chairman Advertisement =$ 5000 Bftaker Chowdhury Rinko Fund Raising Chairman Scholarship = $ 5000 Habibul[ah Accounting =$ 500 Fund Raising Co-Chairman Kabir Chowdhury Tuhin Publicity Chairman Total =$98 500 , Md. Mizanur Rahman T. Publicity Co-Chairman Niaz Maltamud (Sentuj Stage S Decoration Chairman Md. Nuruzzaman Augur Bangle deshStallChairman Mia Masud Bangladesh Slall Co-Chairman Hafiz Rahman Media Ca-Chairman Md. Anwar Hossein Discipline Chairman Rafiqul Islam Habib Reception Chairman Sirajul Islam Taiukdar Technical Chairman Md. Mohiuddln Bhutto Enter#ainmanf Chairman ~rdE~~~~~#. ~~~I~di3~~,~if`, et'~ - ~ - - -- - ;~ ' `°~ _ _ t'A,1,~f~[~~j ~t~yc ~t#~~~t3~1(9~C}~ti'111~KC' ~~ ~'it'~~~.~i~~~~t~jjl~ ~C-~~~~~t~lt~~~~~l~,l~G~~, _ u rf ~~ I!{[ ~.L~~1+~~1i~1[ jllltnr[,~~,1i ~I~S ~~ Ilia}a, ikib~t~19 k i~~~e~Jt~I~1H r P]i ~tj3~r~Fliv1~~[~if• Information STEP 1: POPULATIpN POPULATION of your community: 50,000 to 99,999 STEP 2: TOTAL EXPENSES (optional) Your Organization's TOTAL EXPENSES (please do not use commas): ~ 97000 STEP 3: TOTAL ATTENDANCE (optional) TOTAL ATTENDANCE Eo your organization's arts events (again, do not use commas): 2000 calculate reset Total ~conotnic Impact Cif: Total i;xgendifures HpklSeltold Local State FTE Jobs Income Government Goverrtrttent Revenue Revenue Nonprofit Arts and Culture $87,000 Organizations: 3 $63,786 $3,309 $3,778 Nonprofit Arts and Culture $45,300 Audiences: 1.2 $18,375 $1,799 $2,109 Total Industry Impact: $142,300 (The Sum of ©rganizatrons and Audiences) 4.2 $82,161 $5,108 $5,887 Print Your Results Please see the fine print below. Definitions Total Expenditures: The #otal dollars spent by your nonprofit arts and culture organization and its audiences; evenE-related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event at#endees in similarly populated communities. Back to Calculator FTE ,lobs: The total number of full-#ime equivalent (FTE) jobs In your community that are supported by the expenditures made by your arts and culture organization andlar its audiences. An FTE can be one full-time employee, twa half-lime employees, four employees who work guar#er-time, etc. Back to Calculator Ftousehofd btcome: The total dollars paid to community residents as a result of the expenditures made by your arts and culture organization andlar its audiences. Household income includes salaries, wages, and proprietary income. Back to Calculator Government Revenue: The total dollars received by your local and state governments (e.g., license fees, laxesj as a result of the expenditures made by your ar#s and culture organization andlar its audiences. Back to Calculator When using estimates derived from this calculator, always keep the following caveats in mind: (1}the results of this analysis are based upon the averages of similarly populated ccrmmunltios, (2} Inputloulput models were customized for oath of these similarly populated communities, providing very speciFio employmenE, household Income, and government revonue data, and (3} your results are therefore estimates, and should not be usod as a substitute for conducting an economic Impact study that is customized for your community. ©Copyright 2007 by Americans for the Arts. www. Am e r i ca n s F o rT h oArts. o r o HOLD HARMLESS AGREEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this ~~-' ~T ~y of ~, c~~by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation {hereinafter referred to as "CITY"} and fl ~~~, (hereinafter referred to as "EVENT ~ ~~~~ ~~ SPONSOR"}. WITNESSETH: WHEREAS, EVENT SPONSOR seeks to hold a special event known as `~h ~ ~ ~ ~~,~yl. ~~L~G % be held on /~~ idC~ } ~ J~~"f} , Z~ ~~ {hereinafter referred to as the "Event"); and WHEREAS, the Event will beheld within the City Limits of Delray Beach; and WHEREAS, the City Commission has determined that such an Event promotes the public's health, safety and welfare. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. Indemnification. EVENT SPONSOR, for good and valuable consideration, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants and Old School Square, Inc. from any and all suits, causes of action or any claim whatsoever made, and damages, which may result from any activity conducted by EVENT SPONSOR, its agents, employees, assigns or contractors, in relation to the Event. 3. insurance. EVENT SPONSOR shall obtain insuxance covering the Event in the amounts and of the types specified in Exhibit "A" attached hereto which is incorporated herein as if fully set forth. 4. Governin la~vs• venue. This agreement shall be governed by the laws of the State of Florida. Any proceeding initiated to enforce the provisions of this agreement shall be brought in the State or Federal courts located in Palm Beach County, Florida. S. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 6. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of irt. 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. 7. Amendments, This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. S. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action aver or against any parry to this Agreement. 2 1N WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form; By: City Attorney CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation By: Nelson S. McDuffi~~Vlayor WITNESSES: EVENT SPONSOR/ ,(~ / ~ (print ar type name} (print or type name) {print or type name} (SEAL} STATE OF FLORIDA , /~ COUNTY OF ~C'~, The faregoing inst ent was acknowledged before me this 2 ~ day of 7 ~,,, :~ , 20~Qby ~ ~-~ (name of officer or agent, title of officer ar agent) of J~ 5 " a '' v ~ ~ GZ (name of corporation acknowledging}, a v " 0..1 (state or place of incorporation) corporation, on behalf of the corporation. He1She is personally known to me or has produced (,.i~^ ~a -' ~~ ~• 3 (•- (type of Identification} as identification and did (did not) take an oath. `` ,~ Signature of tary Public- State of Florida °••.••~ =~' '= AA1' COMMISS1aN t! [313831273 i~ ~q` .;~~;,~o,r EXPIRES aciaber 15, 2012 (A47j398.0153 Florida MoleryServire.tam 11 f 18f 2010 15: 1t3 95~t4 J38241. SH©RES Ihl~l_If~ANCF ZNC PAGE 04f 0b /# ~~' PATE (MMJI}g1YY} ~EI~T[F~C~T~ ~~ 1.1~1B1L.ITY 1NlJ~,~1N~~ ~ 11l18/1q PROAUC~R Shores InsLlranca, Inc. THIS C1iRF11`ICATE IS IS5UED AS A I4IATTER flF INFQRMATi~N 431 E~ Commercial C31vd C1NLY AND CONFERS NO RtOrHTS UPON THE C>yRTIFICAT~ . . EiCJLp1=R, TINS CLRTIFfCA'>-E ^i]ES NOT AMENp, EXT~NI7 OR Fork Lauderdale, FL 33334 AL7~Ft THEe GC)VfyRAGE Af1=0RD,E^ BY THE k'OLICI~S BLOW. Phone (954)493»834© Faye (954}493-82A~i ~ IN9Uf~~RS AFF`OIZDIN~ GOVI;IZAG~ NAIL # RCI~A: N~util~~s li7sul~ance Gohrlpak7y wsu INSURED B~nglad~sh Association Qf Flcrida . t ~4 iVW 8117 Aue ;INSURER B; ~ INSURER G; I Defray seach, FL 33444 INSURER a: ~ ~ INSURER E; CCtiVERAC~S INSURER ~: THIa POLICIES OF INSURANCE LESTEB HAVE BEEN !$$lJg1> TO TFlr INSURC€? NAMErJ ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTA NQIN('r ANY REQUIREMENT, TERM qR CpNDITION OF ANY CON7RAC70R OTHER DbCUMENT WITH RE$PI:CT TO WI91CH TH15 CERTIFICATJ~ A~4AY BE I$$11~b OFt IviAY PERTAIN. THE INSURANCI; AFFOR4FD BY THE POLICIES bESGRIBED HEREIN 15 SUSJEtrT TO ALE. T NE TERMS, EXCLU51pNS AND GONL?ITIbNS a~ SUCH I'OLICtE$, A(OREGATC LIMITS SHbWN MAY HAVE SEEN REDUCED BY PAID CLAIAgB, it~sR j LTR Aao'i. IhiSRb Ty,pE pF INSURANCE I POLICY NUf~F3ER I ~ATKYMFrtfvom~ k ? n~ TFYh,~~rOlbrrrlON I f ~ ~- - ~ LIMITS . GENERAL LfA81LITY EACH OCCURRENCE ~ ~` '1,000,000 ill COMMERCIAL GENERAL LIABILITY ~ GI_ I t3'I 1087 I 03/18111 031.'_ 2111 I tIAMACE 7a I#E=N"I'PD RRFnnISrS (~a cccurence} $9 x717,400 ~ ~~ ' CI.AII445 MAbE IJi` OCCUR k ~ ivlEb EXP (Any ono person} $1,0[10 A ~~I ~ ~j $5(}Ll BI ~ F'd f3e[lucllf7l PER50NAL & ADV INJURY ~ 1 ~(}OQ~dQO 14 ~ GENERAL AGGREGATE ~ 1 000 000 , , GEN'L AOGRFGATF_ LIMITAPPLIF$ PER;I 17RQDUCTS ~ CgMP10P AGG $ 9,000,000 ~ ~ I POLICY E I P}iOJI;QT LOC AUT(il'A01311.E I,IA91ltTY ~ ~ • COI~E~INi311 SINGLE LIMIT I ANY AUTO ~ . (Ca accidant} i I ALL OV{lNED AUT05 ' SODILY INJURY j i ~ ~ SGH~DUk,RRAUTOS (Perperspn} HIRED AU74S E30DILY INJURY I I NON 01AlNEDAUTQS i (PQf dCC'BAt1t} ~I I I PROPr;RTY 17ANV1Cr I I ~ ; ippracclr3Pnk1 i ~ GARAGE LIABII_IIY , ~ AUTO ONLY - EA ACCIDENT E ANY AUTO ' OTHER THAN KA ACC ~ ', AUTO ONLY: AGG ', , EXtiESSIUMBRELI,A LIABILITY I 1:AC61 OCCUt~R~NCr I j ~ OCCUR ~ I CLAIMS f'AADE AGGREGATE I I aEbUCTIBLE I RETENT1gN 3 ~ i WORKERS C0147PEhISA'rIQTJRHD I ~11G 5TATU- I I OTH. EMPLgYRRS' I,1AGtI,1TY TORY LIMITS ~R ', ~ ANY l°ROPRIETOR f PARTNER 1 ExECUTNE ~ I E.L. E/tC!-1 ACCIdENY OFFIGERiRAEMB~RF„xC1,UDF0? E.L. DISEASE - EA EAhPLOYEE If yes, descrlbc uncfcr ! ~ t:,L, OfSfeAS>; - POLICY LIMIT SP~CtI~k. PROVISIONS holoYr OTHER I i I I I j pPSCI{Ip714Nk bF OP7=RR710NS ! LOCATIUN5 ! VEHtCLDS / EXCI,USI0N8 ApDE© BY END(7RSIirViENT 1 SRl°C:,r,l PROVISIQNS ~Cl~verage for ~vertt dale 03119/11 and ©3!2011 ~ and Setup date 03118191 and ta1~c~ ,~~~avn date ~3129i9 9 ~~?ecial ~venl, Asian F'nnd & t;air at OId School square. CLrltUraE Art Center, 51 N ~~t,int~7t1 Avg. aail'ay Baach, I'L. 33444. Certi6icate f7ol~er Is an Additional Insured, CERTIFICATE HOL©ER CANCELLATION City of L7elray Beach Ilttn. Risk Manager 1 p9 NW 1st Rue f]elray Beach, FL 33444 AcoRD 2e ~ioolros} Q1= • SHOULq ANY OF TIIL AE7~!t!: CrE$CRIA(;q POk.1C[En6 Rf; CANCELLED BEFORE THE £XRIrtATtdN DATE THERL"il, tyE fSSUING INSUIi~Ii WILL ENDEAVOR SO MAIL. ~O DAYS WRITTEtf ~JC' IIGE TO THE CERTIFICATE HOLDER t~AINEt7'I-p THE LEFT, EIJT FAtf,~JRF T~ ' 'rl 30 SHALL IMR03£ N4 OI3LtGATt4N OF2 LIABILITY '~ OFANY KIND UPr7N TWE~'St if?LR; S7R6£NTS OR RERREBENTA7IVES. ~! AUTHORIx~p fit:PRE~Prt r,_I1rE ~_- o AcoRr~ coRI~oRATI~N leas MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: January 24, 2011 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 RESOLUTION N0.06-11 ITEM BEFORE COMMISSION Approval of Resolution 06-ll amending Resolution 01-ll. BACKGROUND The Commission, at its January 4, 2011 meeting, adopted Resolution 01-ll calling for the special election related to a charter amendment increasing the length of a term for aCommissioner/Mayor from 2 years to 3 years and reducing the number of consecutive terms from 3 to 2 (the maximum number of years one is able to serve is not increased and is still 6). Subsequently, the Commission, at its January 18, 2011 meeting, gave staff direction to prepare an amendment to Resolution 01-ll providing for cancellation of the special election if there is not a contested election for a Commission seat. RECOMMENDATION Staff recommends approval of Resolution 06-ll. RESOLUTION NO. 06-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING RESOLUTION 01-11 IN ORDER TO CLARIFY THAT A SPECIAL ELECTION REGARDING THE CHARTER CHANGE SET FORTH IN ORDINANCE 40-10 SHALL ONLY PE HELD ON MARCH 8, 2011 IF THERE IS A NEED TO HOLD A REGULAR ELECTION FOR A CITY COMMSSION SEAT. WHEREAS, the City Commission of the City of Delray Peach, Florida, wishes to change the Quarter to provide for a change in the terms of the Mayor and Commissioners and a reduction in the number of consecutive terms allows and WHEREAS, the City Commission approved Resolution 01-11 at its meeting on January 4, 2011 to set the special election for the charter change for March 8, 2011; and WHEREAS, the City Commission now wishes to amend Resolution 01-11 to provide that if an election for a Commission seat will not be required to be held on March 8, 2011, then the City 1\ilanager, or his designee, shall contact the Palm Peach County Supervisor of Elections Office and instruct them to remove ballot Icu~guage set forth in Ordinance 40-10 and Resolution 01-11 from the ballot. NOW, THEREFORE, PE IT RESOLVED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitals set forth above are incorporated as if fully set forth herein Section 2. That the City Commission authorizes the City Manager, or his designee, to request the removal of the proposed ballot language, set forth in Ordinance 40-10 and Resolution 01-11, from the Palm Peach County Supervisor of Elections Office for the March 8, 2011 election ballot, provided that it is detem-tined that an election for a Commission seat will not need to beheld on March 8, 2011. PASSED AND ADOPTED in regular session on the day of , 2011. MAYOR Attest: City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 18, 2011 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 ORDINANCE NO.O1-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second readingto modify the Gulf Stream Building SAD (Special 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 Gulf Stream Building n/k/a HHH Bush Building is located on the north side of George Bush Boulevard east of the Intracoastal Waterway at 1177 George Bush Boulevard. BACKGROUND At the first reading on January 18, 2011, the Commission passed Ordinance No. 01-ll. RECOMMENDATION Recommend approval of Ordinance No. 01-ll on second and final reading. ORDINANCE NO. O 1- ll AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 39-90, THE GULF STREAM BUILDING, 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 4.4.25(G), "S.A.D.s," SUBSECTION (6), TO REFERENCE ORDINANCE 01-ll; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE 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 Coversheet 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 Page 1 of 2 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011 ORDINANCE NO. Ol-ll 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 http://itwebapp/AgendaIntranetBluesheet. aspx?ItemID=4121 &MeetingID=282 1/18/2011 Coversheet Page 2 of 2 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. http://itwebapp/AgendaIntranetBluesheet. aspx?ItemID=4121 &MeetingID=282 1/18/2011 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 $500.00 per dwelling unit will be collec#ed prior to issuance of a building permit for the interior renovation and conversion of the 4,925 sq. ft of office floor area to residential use for parks and recreation services. Solid Waste: The office component of the existing development will generate 13.29 tons of solid waste per year (4,925 sq. ft, x 5.4 tons = 26,59512000 = 13.29 tons}. The proposed conversion to residential floor area wil! generate 0.8 tons of solid waste per year (1 residential unit x 0.8 tons = 0.8 tans). This is an Planning & honing Board Staff Report -Meeting of December 20, 2010 Gulfstream Building SAD Page 9 overall decrease of 13.1 (13.29 - 0.8 = 13.1) tans of solid waste per year. The solid waste that will be generated can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2065. Drainage: ^rainage is existing on site and the conversion of 4,925 sq. ft from office floor area to residential use should have no impact on drainage as it relates to this level of service standard. Based upon the above, positive findings with respect to this level of service standard can be made. SChOOIs: The proposed conversion of 4,925 sq. ft. of office floor area to one residential unit will not significantly impact school concurrency, and thus, a positive finding with respect to this level of service standard can be made. 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'~ 9 a ~ ~ _- a-- - ;'~s~t ~a~ ~ `~N1a~11~19 Wb`~~.!-5~~f~~ <~gv~ ~~~ ga: ~~s ~~ ~~ i 1 3I ~ ~ \ ~ ~ ~, `I ~ ~E ~ r _ __ ~_~_~ ~y~ f ~~ ~ I ;~ ~ r~ ~ ~% ~~ ._._._ __ I _ ~ ~ ~ ~ ~$ ~~l `~ 1 _ ~ :=l o I €$ ~ ~ ~~ , ~~ E~ n ~ ! ~ J ~ ~ ~ ~ o ~ 1 Y ~~k ~~ ~1 Y l ~S ~ ~$g} ` @} / l II ~~ / i~J ` (J al` 4 ~ ~~ _ y s s s `0 6 8 6 5 6~ S€ 6 a s o a ~ a o a" ~saa~ss a f~ p a e o s o a B 6 e C 6C ~ B G V~V 6 G G ~ A P L B~ D A A~~ P P ~ P P A a A . ~ . r . ~ . ~ . . . : . ° . .- . ,. P s ~ ~~ V _ ~ F r F f i i y~{~~~ n ~~~~ F r i a~ s E E ass g i n aaa a a a a _ ~~r~9 ~'o~QmW~a- LL 6 E S k c m g _ m _ 3 a d r m 5_ 3~ b~ _'a E~ b~ g~~ o o u s w . . .~ o $ 9 ~ ~ i ~ E F ~ °u s u s§ S 5 E S fi 6 ~ 5 pp~ u~ a o 8 ~~~ a a a~~~~ 8~~~ S d A o R~ m _ ., n a n m m c® e______ n® n o ~ ~ a p v a O 6 O ~ st ~ ~ 9 ~ ~ ~ x .~ ~ 1 ~ r-+ t ~ ~ m i 1 w; ~ °~. Q 7 ~ , 7 )_s~e4~}~" 1~ R~`~ 1~ :y 1~ I~ e~ >$ 1 ~i r ~P 1 t y al `t I ~!F _ „~ '[ to 5~ ~ '.~? e~ 1 1 `t ~~ ~1 ~~~ ~ A }~}~~y Y9 ~~ e P ~~ h ~'a~ `x `np ~RB ~a '9~ 60 ~o°u q_ . e 8 a :- _ s d e~ ~ g 9 z 4 ~3~s$~~s~T~~~~ a~tie~~ ps=~$'sa s me.~u3i LL Pz~~.`,~~:s~~ '~ -- ~x 4 3~ ] i !]3[ ~ W N ' F ~ 4.k15 ~~ ~ { 1~ 1 _ 1 ~~ c~ 0 1'~ i ,l a ---_L 1 ~ ~ ~ t ' a ~~ a 1 ~1 ~ tl 5 Y F fig ! + ~ ~~ ~ , , x. _ f ~~~ ~a\ ~•~ z~~, ~ ~" r J ~~ ~~ ~' t~ ~fi ~~ MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: January 26, 2011 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011 RESOLUTION N0.04-11/REVISED CONTRACT FOR SALE AND PURCHASE/ 3740 LANCEWOOD PLACE ITEM BEFORE COMMISSION Staff requests City Commission approval to sell Neighborhood Stabilization Program property located at 3740 Lancewood Place to Lana Ritz for the purchase price of two hundred thousand dollars and 00/100 cents ($200,000.00) and to provide a subsidy of up to $40,000 secured by a promissory note and second mortgage. BACKGROUND The City of Delray Beach has received $1,905,005 under the Neighborhood Stabilization Program (NSP) award through the Florida Department of Community Affairs by the U. S. Department of Housing and Urban Development (HUD) and $400,000 from the Delray Beach Community Redevelopment Agency (CRA) as a result of the Housing and Economic Recovery Act of 2008 (H.R. 3221). The NSP funding is for the purpose of purchasing foreclosed or abandoned homes for rehabilitation, resale, or redevelopment in order to stabilize neighborhoods and stem the decline of home values. NSP funds are to benefit Low, Moderate and Middle Income Households (LMMI). LMMI households are defined as those with incomes less than one-hundred twenty percent (120%) of Area Median Income (AMI) as determined by HUD. City Commission approved the contract to sell the subject property to Lana Ritz for $212,000 at the December 14, 2010 commission meeting. The property was subsequently appraised by the bank at $200,000. The City of Delray Beach is required under NSP rules to sell foreclosed units at or less than the appraised value. The homebuyer has been approved by the bank and is ready to close. RECOMMENDATION Staff recommends City Commission approval of the sales contract for 3740 Lancewood Place to Lana Ritz for the purchase price of two hundred thousand dollars and 00/100 cents ($200,000.00) and provide a subsidy of up to $40,000 secured by a promissory note and second mortgage. RESOLUTION NO. 04-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM PEACH COUNTY, FLORIDA, AS DESCRIPED HEREIN, HEREPY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE PETWEEN THE PUYER AND THE CITY OF DELRAY PEACH, FLORIDA. WHEREAS, the City of Delray Peach, Florida, wishes to sell property located at 3740 Lancewood Place; and WHEREAS, the Puyer hereinafter named desires to buy the properly hereinafter described from the City of Delray Peach, Florida; and WHEREAS, it is in the best interest of the City of Delray Peach, Florida, to sell said property to be used for single family homeownership. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Peach, Florida, as Seller, hereby agrees to sell to Lana Ritz, as Puyer, for the purchase price of Two Hundred Thousand Dollars and 00 /100 cents ($200,000.00), said properlybeing described as follows: Lot 2, Plock 4, SAPAL LAKES PHASE ONE, according to the Plat thereof as recorded in Plat Book 60, Page 188, of the Public Records of Palm Peach County, Florida Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Peach, Florida, and the Puyer as hereinabove named are incorporated herein as E xhibit "A". PASSED AND ADOPTED in regular session on the day of , 2011. ATTEST: MAYOR City Clerk °Tt:: F'C~ ,~- T~~";~ ~,` ;~C)d~I °,~ Ti 1~ F:'I-,: t,. ."'>~k,:~,;1!ITll~l ~.:' F;'': ..;"+ ~:~",~PJL~ T'hl~ ,'1.,;'113 :','s; ,, ~ ~ i ~ I 1 ~, ~w . .;p ., .': ,. Ir Vw I,~I 1 r ~ ~~~,~ r 1 ':. ti .~ i~!'il, ~,, „ ~1~~ ~ w j ' I~A.I~TI~: CI~`Y ~I q~L.LI~A'Y B~ACI~I Uer°`'~, horcb~y agree that Seller shaifl sale and Buyer shall bu'y the fafllowing described Beal Property ar~rd Pe~rsor~ai Property (collectively "Property") pursuant ~to tl-se terms and oonditlans of t~ls Corlkract far ~afle and Purchase and any riders and addenda ("Contract"y: II. R~E~C~~If~Tf~q: Raa Legal description of tl~1e Peal Property CocatecJ in I~ALI~fI B~ACI~I __ . ..m.._.__ Courrty, Flcaricla: .. _ - -- AI~,A,L LAK_~`_ I°"H "b' LT' 2_.Bl K 4; F"~{~ ~`1~~~~~fi 1~-1_~_OC14-.~~(7 _ ....._. __. ~d;e Street address, city, alp, of the Property: 7f~_~A,~IC_~W~~L7 _~'LA~CE DELA~"_C~ACI-~, FL 3345.___ (d~ Personal Property inc~fludes exlstir~g range( ~, refngec•ator(sy, disl~wasN7er(s~„ cewiir~g fan(s), Vight flxture(s~, ar~d window treatrrrent(s~ unless spcciflcally excluded below. Other itorrrs Included are: Items of 1='ersonaU Property Gana Leased Items, it a~nyy excluded are; 15* II, N~1..IFtGq~ASEPF`I~.E (IJ,S,currency) :........................................................... ~ ~ nw,, 1 t~ 1='A'"~Cv1''~I'~T. 1 (al i?ei~rasut herd in escraw k~y....m_ Slr~kcan ~ G~if'11~1jd't, Vra~, ('"Escraw Agent'°) in id-ae amaunt at (checks subject to clearance) $ ~OO.Ot1~_.. t t3" Escrcu+~a P,genk"s address°: ~~~ ~rE ~tr,m~,_v~nu~ r~ewr~y eeaah, w=~ a34e3 _..phana: ~~61-27tS-~~¢l1 r , ~ ~" (b) Addituan~W escrow deposit to be made to Esaraw Agent within nays after Effective Date In khe arnaunt at.......... ;~ _ e^ ~"r!? ''?.4~* (cy Financing in tf~e atnaunt of ("Loan Ameunt"~ see Paragraph rV below ............... . . .......... . . . .... . ........ ~_...m.... ..,.i.r_>~,` ~ t l~(.~° ~ t~ii 22 lei Balarbce to claw by cash, wire transtar ^,~r LCC7CALLY DFtAwt~ cashier"'s ar atgicial bank cl'tcckfs~, subject .~.~" to adjustments cr praratians .. . . ..... . . . . .... . ... .. , ...... , ....... , . , ... , ...................... $ ,,(~~ ~ ~~k III. °TIPWIE FC7FR ACCEPTAIwIE t.7E 4'~EI=EF{ AI`~fl~ C~~J~1T~1~~7EI=EI~; EF'FE~'TI1fE ~A~E: 2~ ~a~ If this offer is neat r;xecuted by and rf~ i:~red to alfl parties CR FACT CF EXECIJTI+CN camrnunucated in writing Between file parties owl or :~g* ~aefore ~~~"~'~~~~g~., ... ,, _._ ..._e the depasit~s~ will, at Buyer's option, be; rraurned and this offer withdrawn. Idnles~s rather- 2~ ~rrise stated, the time fer acceptar~cr ref any c~untercaffdrs sB~agq tae 2 days frcarn tl~e date the ccaunterraffer is delivered. 2S (bj The date at' Contract ("Effective Gate"~ wiUl be the date when the last one of the IBuyer and Seller I~as signed or initialed this offeror the fig finaU counteroffer. It such date 'is not otherwise set. Sorth in this Crantr~act, then tl`7e "Effective Date" shall be the date determined akaove for ~[t acceptance of t1~is offer car, if applei'icable, the final counteroffer. 31 I'V F4.1~IAf~Clll~~: 32* i {a} This is a cash transaction with r7o contingencies for flnanciu-wg; :33* ~ fib} This Contract as centingent on Buyer rabtaining written loan commitment which. confirms underwriting loan approval for a lean to purchase ,~4* the Property ("°Loan Approval"~ within days (if blank, then 3(l days after Effective Date ("Loan Approval Date"~ for (CI-iECK ~r~1q:Y 35* r~l'"~IF~: '~' a fixed, ~~ an adjustable; csr W~'~ a fixed or adjustakale rate loan, in the Loan Amount. (See Paragraph II.(c~~ at an InitgaU interest rate not to 3~,* exceed .._.._...._._°1p, and fora term of 3t1 years, Buyer will make applwcat'crr~ within ......___ days (if blank, then days) after E3cctive Date. ~7 131JYCFt: Buyer shaill use reasonable diliger`rce to: obtain Lcaan Approval;:. rrcatify Seller IrM ~nrr°gting of receipt oaf LraarM A.~prcrvaq lay Loan Apprrval ,,3€t date; satisfy terms of the Loan Approval; and claw the Iraan. Loan Approval which requires a condiflcn related to the sage ofi other property shall :fig w~ot be deemed Loan Ap~aroval for purposes of this subparagraph, E3uyer shall pay all loan expenses, Buyer authorizes 'the rncrtgage broker(s) and ~ g lender(C) tea disclose information regarding the conditions, status, and progress of loan application and Loan Approval to Seller, Seller's attorney, X41 race estate licensee(s~, and Closing... Agent. ~~ SELL'EI~: It I~uyer does not deliver to Seller written notice of Laan Approval by Loan. Approval Date, Seller may to tereatter cancel this Coritr°ack by ~~ delivaring written notice (°'Seller's Cancellation Notice"~ to Buyer, but net later than seven (7) days prior to Closing, Sellers Cancellation I~ctice shall ~lrl notify Buyer tl-rat Buyer has three (3) days to deliver to Seller written notice waiving this Fonanoing contingency, cr the Contrar~t shall kae cancelled. 4 a C7~P'OSIT~S) (f¢ar purpcaes oaf tlmis 1=lnancing q~aragrapah IV(b) ranly}: If Buyer has used reasranalale diligence but does not obtain Loan Approval ~~i by Loan Approval Date, and thereafter either party elects to cancel this Contract., the deposit(s) shall be returned to Buyer, It Buyer obtains Lawn ~7 Approval or° waives this Financing contingency, and thereafter the Crarltract does neat cYrse, then the depc+sit~s} shall be paid to Seiirur; provided how- ~€~ ever" If the failure to close 'is due to: (iJ Seller's failure or refusal to close or Seller otherwise tails to inset the terms of tl7e Contract, o~r jii} Buyer's lender 4g fails tc receive and approve an appraisal of the Property rr'1 an amounk sufbicient to meet the terms ct the Loan... Approval, therm the depcasitjs~ shall lae '~t) returned to Buyer. - d 1 " i {cj Assumption of existing mortgage (see rider for terms); or f~Z* [~ jdj Purchase money note and mortgage to SeUler (see '"As Is'° Standards B and K and riders, arider~da; or special clar.rses for terrmsj. d3" V "FI~"LaE E1/IaEl~1'CE: At least _ days cif Flank, tl"ren 5 days} before Closiing a title insurance commitment with legible copies of Instrur~~er`rts lwsled as ~4 exceptions attached thereto (`"Titlo Commitment'") and, after Closing, a~n owner's policy of title insuranre (see Standard A for terr-ns~ shall be obtained fey: gg°' (GR~IEC~I~. 9~~dL1N ~7~1=): ~ (1) Selier~, ~a~t Seller's expense ar7d delivered t~o Buyer or Buyer's attorney; or ~f~* !~ ~2) Buyer at Buyer°s expense. ~7* (C~htE'~C'~ I'~Ef~E~: i~ (f an abstract of title is to be furnished 'instead of tutee ins~iranoe, and attacl~~r rr'~ °fer Csrrrls. ~~* Vt. CLC~Sq~1C [~A~I'~: this trarrs~actian sh~a(I Rae closed and ~tE~7e cios'ing docurnerr~ks deUiiverecf on ~ m"~ ''~~'"'"lt(t ("Closlr~rog") r.uruless ~g modified by other provisions of this Contract, on the event of extreme weather or other conditions or events coast.. tu,~d °"force majc~_~re°'„ Cllosing will be SS extended a reason~ab9e time unttll; (ij restoration of utiljtue~s grad other services essenYYal to Closing, and ~il~ avaitablRity of I~-Lard, "~w'ind, Flood, or Homeov",+ners" r31 * insurance. if such conditions continue more than .days (if blank, then 14 days} beyond Closing Date, then either party may cancel this Contract, FAniB,Ap ASIS 2 feu g/Q7 ~ 2Ct~7 Feaoida Assaciatian c( Ft~w_rcr~s`", and TI7e FlarVda f3ar Aui FKights f~eserved F~agr~ 1 of 32 VII., RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject to: comprehensive land use plans, zoning, ~3 restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise 34 common to the subdivision; outstanding oil, gas and mineral rights of record without right of entry; unplatted public utility easements of record a5 (located contiguous to real property fines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side ~6 lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, if any (if additions! items, See ~7* addendum}; provided, that there exists at Closing no violation of the foregoing and none prevent use of the Proporty for _,W __ 3g* purpose(s). 39 VIII. OCCUPANCY: Soiler shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If Property is intended 7Q to be rented or occupied beyond Closing, the fact and terms thereof and the tenants} or occupants shall be disclosed pursuant to "AS IS" Standard 71 F. If occupancy is to be delivered before Closing, Buyer assumes all risks ofi lass to Property from date of occupancy, shall be responsible and liable 72 for maintenance from that date, and shall be' deemed to have accepted Property in its existing condition as of time of taking occupancy. 73 lX. TYPEWRITTEN OR HANDWRITTEN PROVISION5: Typewritten or handwritten provisions, riders and addenda shall control all printed pro- 74 visions of this Contract in conflict with them. 75* X. ASSIGNABILITY {CHECK ONLY ONE): Buyer ^ may assign and thereby be released from any further liability under this Contract; U may 76* assign but not be roleased frorl~ liability under this Contract; ar ~d may not assign this Contract, 77 Xh DISCLOSURES: 78 (a) The Property may be subject to unpaid special assessment liens} imposed by a public body ("public }wady" does not include a 79 Condominium or Homeowners' Association). Such lien(s), if any, whether certified, confirmed and ratified, pending, or payable in installments, 30* as of Closing, shall be paid as follows: ^ by Seller at closing r, by Buyer (if left blank, then Seller at Closing). If the amount of any '31 assessment to be paid by Seller has not been finally determined as of Closing, Seller shall be charged at Closing an amount equal to the 32 last estimate or assessment for the improvement by the public body, 33 {b) Radon is a naturally occurring radioactive gas that when accur~ruiated in a building in sufficient quantities may present hoalth risks to per- 34 sons who are oxposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. 35 Additions! information regarding radon or radon testing may be obtained from your County Public Health unit. 36 (c) Mold is naturally occurring and may cause health risks or damage to property. if Buyer is concerned or desires additional information 37 regarding maid, Buyer should contact an appropriate professional. 38 (d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Section 553,996, F.S. 39 (e) !f the Real Property includes pre-1978 residential housing, then alead-based paint rider is mandatory. a0 (f} If Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act, ~1 (g} BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA- ~2 TtON/COMMUNITY DISCLOSURE. 33 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SI-iOULD NOT REImY CN THE SELLER'S CURRf~NT PROPERTY TAXES AS THE AMOUNT ~4 OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAH SUBSEQUENT TO PURCHASE, A CHANGE OF OWNER- a5 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN I-EIGHER PROPERTY TAXES. ~6 IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. ~7 XII. MAXIMUM REPAIR COSTS: DBL.ET~D a8* XIII. HOME WARRANTY: ^ Seller ^ Buyer ^ N/A will pay for a home warranty plan issued by ~9* at a cost not to exceed $ 100* XIV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer she!! have 7 days from Effective Rate {"Inspection Period") within 1 Q1 which to have such inspections of the Property performed as Buyer shaA desire and utilities service shall be made available by the 102 Seller during the Inspection Period; (b) Buyer shall be responsible for prompt payment far such inspections and repair of damage 103 to and restoration of the Property resulting from such inspections and this provision (b) shall survive termination of this Contract; 104 and (c) if Buyer determines, in Buyer's sole discretion, that the Property is not acceptable to Buyer, Buyer may cancel this Contract 105 by delivering facsimile ar written notice of such election to Seller prior to the expiration of the Inspection Period. 1f Buyer timely 106 cancels this Contract, the deposit(s) paid shall be immediately returned to Buyer; thereupon, Buyer and Seller shall be released of 107 al! further obligations under this Contract, except as provided in this Paragraph XlV. Unless Buyer exercises the right to cancel 108 granted herein, Buyer accepts the Property in its present physical condition, subject to any violation of governmental, building, 109 environmental, and safety codes, restrictions ar requirements and shat! be responsible for any and aI! repairs and improvements 110 required by Buyer's lender. 111 XV. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract: 1 12* ^ CONDOMINIUM L] VA/FI`-IA ~ HOMEOWNERS' ASSN, ^ LEAD-BASED PAINT ^ COASTAL CONSTRUCTION CONTROL LINE 113* ^ INSULATION ^ EVIDENCE OF TITLE (SOUTH FLORIDA CONTRACTS) C~ Other Comprehensive Rider Provisions ^ Addenda 114* Special Ciause(s}: ~ ..- 115* 116* 117* 118* 119* 120* 121* 122* 123* 124* 125" 126 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seiler acknowledge receipt of a copy 12T of "A5 IS" Standards A through Z on the reverse side or attached, which are incorporated as part of this Contract. FAR/BAR AS1S-2 Rev. 9/07 ©2D07 Florida Association of R~~raAS~ and The f=larida Bar All Rights Reserved Page 2 of 5 1 ~~ 1°h8I Z d a IN`V'~hti9[~E~7 TC~ B3~ A LFCaa"~LL:Y i73i!~1~1~+Ifa CC)(~T~AT IE #wJt7T ~°UI~CmmY l~~dD~i~T~~E~, ~;~ ~~~ T ~i~vi ~ ~ ra~rT~rv~r ~~i~~~ ~`~ IPtJIf~'. 1~t? TH@5 '"~ 4'" FQI~N9 11,x,3 EEI^J F1f'Pf~~3VElf~ Bl' T~CE'i~L~JR~C/A ,4SS~~IAfIC)~J C51= I:mAI TC1RS'F" AI~1D TIDE FLC~F~V~o"~ E3~1R. ~1,3~1 Apprava4 daes r~a~t c~~o~7stit~ate a~ r~pirt~iiantl7at ar~y of the terms ar7d ~;er~dktler7~s in thous ~orltract ~shc~tald ~:~ .~~~ce~pted by the ~aarties tlr~ z~ 1 ~~2 par~u~u9ar krar"n .acCp~n~ Teerr~s and aaenditlr~r7s shc~~bld be ne~etia~ted based wrrper~ tf~be ~~~es~ective in _ ~, ;t~. ~'. ~'~c~tNves~ and ber~alrrir~c~ ~1;3w~ ~aesitieM~s e'( alA IirTkers~;ed Iper~sans. I4 !r~ F~~~FFtIS~~*y F~LI_~"+I~If~~ ;A ~I~IE ~IU~IBEFd 1~1'TI-IE I"~ARGI~d1~IDIC,~TES THE LI~JE ~Ct~"1_ = ~'~ ,~ :i~TC~ ~~E C~G>~IPLETEL~. ~ .. . . ~ ~~ ~ ~ " .~_ ~~~ ~ ~ ~ .~.. f .. _. ~ , ~..m.. ~. . ,.,, 1:3~ ~E31J`YF.~~ (GATES ' Q~[=Lh~~} ~ °~ n~ " ~ ~ ~f7AT I ~ 1 x.37 _ _ . _. ______ .....__. .__.._..®....m__._ _____ ....m. ...mmm___ _. ...__._..._ -~ ._...._.._ 'i~3~, ((3U"~E~~ (a,4fE~~ ~~FLI_ER~J QC7ATEj t 3~* f~t~yers' address feA° puri~os~s of ¢~otica _. ____..... ____.._...___ __._.__ ._._._m ....._._ ~ell~rs' address i~ac g~urpc?ses ~6 r ~tlG ~~~~* ~ac~ c~~~~~a~ ~I~cle ~~~~ ~~t~a~ta r~., ~~~~ -- ~~~ ~~v_~~t A,ver~~ue_f~eNra+7 ~~~h, r~. ~~~~ . ~ t * ~~ ~ 2.13-~,1 C~6~ --- Phene (aF~1 `k 2~3~T2~32. _....___ __ __ . ~ ,.__ . ~~hear~s 1 ~2 kR+L.Ft: Trroe brab<ars (ir~c;ludirbc~ cr~~ep~erati~~ bre4cers, ifr ar~Y~ w7amed belaw are the ar~ly brekers entitled to corrttaa~o~usatie~ I~~ cc~n ~ectipn Frith ~ X4.3 this Can~tract: ~~~." CJa~r~e: __ ~_ w_ ....____..__ _._... .____ ....._ ..... -._ -- .....___n...._ .__ ___...... . _. ~'t6 ~rata~ratin ~roi'cer~„ if aruy L.isti>7 ~rr~ker° FA,~IC~AF3 A~ I,S-2 F~e'v. ~iC~7 ~ ~ud7 IFI,~rN~cB~ ~,ssc~cuato~,n ~i R~arr~a~sr~ ~ru~ Tla~ f~Vc~rir~~a fear Alf 'EdC~N~~t~ ~~s~rv~ci f~ag~ 3 df ~i 146 "AS !S" STANDARDS FOR REAL ESTATE TRANSACTIONS 147 A. TITLE fNSURANCE: The Title Commitment shall be issued by a Florida licensed title insurer agreeing to issue Buyer, upon recording of the deed #o Buyer, 148 an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's marketable title to the Real Property, subject only to mat#ers contained 1 X19 in Paragraph VII and those to be discharged by Seiler at or before Closing. Marketable title shall be determined according to applicable Title Standards adopt- 150 ed by authority of The Florida Bar and in accordance with law. Buyer shall have 5 days from date of receiving the Title Commitment to examine i#, and if title is 151 found defective, notify Seller in writing specifying defect{s) which render fide unmarketable. Seller shall have 30 days from receipt of notice to remove the 152 defects, failing which Buyer shall, within 5 days after expiration of the 30 day period, deliver written notice to Seller Either: {1) extending the timo for areason- 153 able period not to exceed 120 days within which Seller shall use diligent effort to remove the defects; or (2) requesting a refund of deposits} paid which shall 154 be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is, Seller shall, if title is found unmarketable, 155 use diligent effort to correct defect{s) within the time provided. If, after diligent effort, Seller is unable to timely correct the defects, Buyer shall either waive the 156 defects, or receive a refund of deposi#{sJ, thereby releasing Buyer and Seller from ail further obligations under this Contract. If Seller is to provide the Title 157 Commitment and it is delivered to Buyer less than 5 days prior to Closing, Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt 158 to examine same in accordance with this "AS IS" Standard. 159 t3. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seiler shall provide for a 160 30 day grace period in the event of default it a first mortgage and a 15 day grace period if a second or lesser mortgage; shall provide for right of prepayment l61 in whale ar in part without penalty; shall permit acceleration in event of transfer of the Real Property; shall rec{uire all prior liens and encumbrances tp be kept l62 in good standing; shall forbid modifications of, or future advances under, prior mortgage(sJ; shall rec{uire Buyer fo maintain policies of insurance containing a 1S3 standard mortgagee clause covering a!I improvements located on the Real Property against fire and all perils included within the term "extended coverage 164 endorsements" and such other risks and perils as Seller may reasonably require, in an amount equal to Their highest insurable value; and the mortgage, note 155 and security agreement shall be otherwise in form and content required by Seller, but Seller may only require clauses and coverage customarily found in mort- 166 gages, mortgage notes and security agreements generaEly utilized by savings and loan institutions or slate or national banks located in the county wherein the 167 Real Property is located. All Personal Property and leasos being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evl- 168 danced by recorded or fled financing statements or certificates of title. If a balloon mortgage, the final payment will exceed the periodic payments thereon. 169 C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certl- 170 lied by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback 17 t lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect. 172 D. WOOD DESTROYING ORGANISMS: DELETEp 173 E. INGRESS AND EGRESS: Seiler warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as described 174 in Paragraph V!I hereof and #itle to the Real Property is insurable in accordance with "AS IS" Standard A without exception for sack of legal right of access. 175 F. LEASES; SEllor shall at least 10 days before Closing, furnish to Buyer copies of ail written leases and estoppel letters from each tenant specifying the nature 17G and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such loiter from each ten- 177 ant, the same information shall be furnished by Seller to Buyer within that time period in the form of a 5eller's affidavit, and Buyer may thereafter contact ten- 178 ant to confirm such information. If the Terms of the leases differ materially from Seller's representations, Buyer may terminate #his Contract by delivering written 179 notice io Seller at least 5 days prior to Closing. Seiler shall, at Closing, deliver and assign all original leases to Buyer. 180 G, LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to tl~e absence, unless otherwise provided far herein, of any financing sfatemenl, 181 claims of lien or potential lienprs known to Seller and further attesting that there have been no improvements or repairs to the Real Property fnr 90 days lmme 182 diately preceding date of Closing. if the Real Property has been improved or repaired within that time, Seller shall deliver releases or waivers of construction 183 liens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth the names of all such gen- 184 eral contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements ar repairs which could serve as a basis Tar a 185 construction lien or a claim for damages have been paid or will be paid at the Closing of this Contract, 186 H. PLACE Of= CLOSING: Closing shall Tae held in the county wherein the Real Property is located at the office of the attorney or other closing agent ("C#osing 187 Agent") designated by the party paying for title insurance, ar, if no title insurance, designated by Seller 188 L TIME: Calendar days shall be used in compu#ing time periods except periods of less than six (6} days, in which event Saturdays, Sundays and state or nation- 189 al legal holidays shall be excluded. Any time periods provided For herein which shall end an a Saturday, Sunday, or a legal holiday shall extend to 5:DD p.m. of the 190 next business day. Time is of the essence in this Contract. 191 J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sale, certificate of title, construction lien affidavit, owner's possession affidavit, assignments of leas- 192 es, tenant and mortgagee estoppel letters and corrective ins#ruments. Buyer shall furnish mortgage, mortgage note, security agreement and financing statements. 193 K. EXPENSES: tdocumentary stamps on the deed and recording of corrective instruments shalt be pad by Seller. All costs of Buyer's loan (whether obtained 194 from Seller or third party}, including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, 195 mortgagee title insurance commitment with related fees, and recording of purchase money mortgage, deed and financing statements shall be paid by Buyer. 196 Unless etherwise provided toy law or rider to this Contract, charges for related closing services, title search, and closing fees (including preparation of closing 197 statement}, shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V. 198 L. PRORATIQNS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. 199 Buyer shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall ba prorated. Cash at Closing shall be 7.00 increased or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, if occupancy occurs before Closing. Advance 201 rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee wi[I be credited to Seller. Taxes shall be prorated based on the current 202 year's tax with due allowance made far maximum allowable discount, homestead and other exemptions, if Closing occurs at a date when the current year's mil- 203 age is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assess- 204 ment is not available, then taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1st of year of Closing, 205 which improvements were net in existence on January 1st of prior year, than taxes shall be prorated based upon prior year's millage and at an equitable assess- 2D6 ment to be agreed upon between the parties; failing which, request shall be made to the Ccunty Property Appraiser for an informal assessment taking into 207 account available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of current year's tax bill. 208 M. (RESERVED -purposely left blank) 209 N. INSPECTION AND REPAIR: DELETED 210 O. RISK pF LOSS: If, after the Effective Date, the Property is damaged by fire ar other casualty ("Casualty Loss"} before Closing and cost of restoratien (which 21 1 shall include the cost of pruning or removing damaged trees) does not exceed 1.5% of the Purchase Price, cyst of restoration shall be an obligation of Seller and 212 Closing shall proceed pursuant to the terms of this Contract, and ''€f restoration is not completed as of Closing, restoration costs will be escrowed at Closing. ff 213 the cost of restoration exceeds 1.5% of the Purchase Price, Buyer shall either take the Property as is, together with the 1.5% or receive a refund of deposit(s) 214 thoreby releasing Buyer and Seller from all further obligations under this Contract. Seller's sole obligation with respect to ties damage by casualty or other natu- 216 rat occurrence shall be the cost of pruning ar removal. 210 P. CLOSING PROCEDURE: The deed shall be retarded upon clearance of funds. If the title agent insures adverse matters pursuant to Section 627.7841, 2f 7 F.S., as amended, the escrow and closing procedure required by this "AS IS" Standard shall be waived. Unless waived as set torch above the fallowing FAR/BAR ASiS-2 Rev. 9/07 O 2007 Florida Association of R~~TOras~' and The Florida Bar All Rights Reserved Page 4 of 5 218 "AS IS" STANDARpS 1=0R REAL ESTATE TRANSACTIONS (CONTINUED) 219 closing procedures shall apply: (1J all closing proceeds shall be held in escrow by the Closing Agent for a period of not more than 5 days after Closing; (2} 220 if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall 221 have 30 days from date of receipt of such notification to cure the defect; {3) if Seller fails to timely cure the defecl, all deposits and closing funds shall, upon 222 written demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously with such repayment, Buyer shall return the Personal 223 Property, vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale; and {4} ii Buyer fails to make timely demand 224 for refund, Buyer shall take title as is, waiving ail rights against Seller as to any intervening defect except as may be available to Buyer by virtue of war- 225 ranties contained in the deed or bill of sale. 226 Q. ESCROW: Any Closing Agent or escrow agen# {collectively "Agen#") receiving funds or equivalent is authorized and agrees by acceptance of them #o deposit 227 them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and condi#ions of this Contract, Failure of funds to 228 clear shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of this Gontract, Agent may, at Agent's option, con- 229 tinue to hold the subject matter of the escrow until the parties hereto agree to its disbursement or until a judgment of a court of competent jurisdiction shall 230 determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiotian of the dispute. An attorney who represents 231 a party and also acts as Agent may represent such party in such action. Upon notifying all parties concerned of such action, all IiabiGty on the part at Agent 232 shall fully terminate, except to the extent of acccunting for any items previously delivered out of escrow If a licensed real estate broker, Agent will comply with 233 provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller wherein Agora is made a party beoause of acting as Agent hereunder, or in 234 any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonab#e attorney's fees and costs incurred with these amounts to 235 be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable 236 to any party or person for misdelivery to Buyer or Seller of items subject to the escrow, un#ess such misdelivery is due to willful breach of the provisions of this 237 Gontract pr gross negligence of Agent. 238 R. ATTORNEY'S FEES; COSTS: !n any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such Ilti- 239 gatinn, which, for purposes of this "A5 IS" Standard, shall include Seller, Buyer and any brokers acting in agency ar nonagency relationships authorized by 240 Chapter 475, FS., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses. 241 S. FAILURt^ OF PERFORMANCE: If Buyer #ails to perform this Gontract within the time specified, including payment of all deposits, the deposit{s} paid by 242 Buyer and deposits} agreed to be paid, may be recovered and retained by and tar the account of Seller as agreed upon liquidated damages, consideration for 243 the execution of this Contract and in full settlement of any claims, whereupon, Buyer and Seller shat! be relieved of all obligations under this Contract; or Seller, 244 at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If for any reason other than fail~3re of Seller to make Seller's title mar- 245 ketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, Buyer may seek specific performance or elect to receive the return of B~3yer's 246 deposits} without thereby waiving any action for damages resulting from Seller's breach. 247 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any notice of it shall be recorded in any public records. 248 This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and 249 one gender shall include all. Notice and delivery given by or to the attorney or broker representing any party shall be as effective as if given by or to that party. 250 All notices must be in writing and may be made by mail, persoriai delivery or electronic media, A legible facsimile or electronic (ncluding "pdf") copy of this 251 Gontract and any signatures hereon shall be considered for all purposes as an original. 252 U. CONVEYANCE: Seller shall convey marketable title to the Heal Property by statutory warranty, trustee's, personal representative's, or guardian's deed, as 753 appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Property shall, at the 254 request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein, 255 V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No mod- 256 ification to or change in thss Contract shall be valid or binding upon the parties unless in writing and executed by the parties intended to be bound by it. 257 W. SELLER DISCLOSURE: (1 }There are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or 258 which have not been disclosed to Buyer; (2) Seller extends and intends no warranty and makes no representation of any type, either express or implied, 259 as to the physical condition or history of the Property; (3J Seller has received no written or verbal notice from any governmental entity or agency as 260 to a currently uncorrected building, environmental or safety Cade violation; (~4) Seller has no knowledge of any repairs or improvements made to the 261 Property without compliance with governmental regulation which have not been disclosed to Buyer. 262 X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property, including, 263 but not limited to lawn, shrubbery, and pool in the condition existing as of Effective Date, ordinary wear and tear and Casualty Lass excepted. Seller shall, upon 264 reasonable notice, provide utilities service and access to the Property for appraisal and inspections, including a walk-through prior to Closing, to confirm that 265 all items of Personal Property are on the Real Property and that the Property has been maintained as required by this "AS IS" Standard. Seller will assign all 266 assignable repair and treatment con#racts and warranties to Buyer at Closing. 267 Y. 1f)31 EXCHANGE: If either Seller or Buyer wish tc enter into alike-kind exchange {either simultaneous with Closing or deferred} with respect to the Property 268 under Section 1031 of the Interne! Revenue Code {"Exchange"}, the other party shall cooperate in all reasonable respects to effectuate the Exchange, includ- 269 ing the execution of documents; provided (1) the cooperating party shall incur no liability or expense related to the Exchange and (2) the Closing shall not be 270 contingent upon, nor extended or delayed by, such Exchange. 271 ~. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitted bylaw, against any real estate licensee involved 272 in the negotiation of the Contract, for any defects or other damage that may exist at Glasing of the Contract and be subsequently discovered by the 273 Buyer nr anyone claiming by, through, under or against the Buyer. FAR/BAR ASIS-2 Ftev. 9/07 ©2007 Florida Association of RrArros~s® and The Florida Bar All Rights Reserved Page 5 of 5 ~;11~''-' .I J~~~'i'~'$ ~iid~~4!, 6 ~;F~vil~°r?:.`.JU,~~,i. ~i~d'~I~ ~ ~fflfi"t lip ;_I :;~ ~ ~~ ~+"~~ ~"' 1. tl1:~}`~S'„u lieu l[.~i~il'`:f @~MI~ ,Are `Y~©U ~`; t'~c~r~: u pf any sulastances, rr~aterials, rar prcadrACts uvhich may Iae aa~ enviw~onr~nental hazard, such as, la~at neat IIrr7'ited tca, asbestos, urea fora~naldehyde, radon edas, mold, lead-based pain, fuel, prcapane or chernicaA storacde tanks (actuve or abandoned), or contai~a~una#ed nail rar ^~rater oo~ the property? I`~iJ ' YES ~ If yes, explain; _.. .___.... i. of any damage to the structures Vacated can tf~e lroperty die to any of the srulastances, rnateria~s car p~°cducts Aistect ip~ subsection (aj akaave? t~~7 ~ YES ~] If yes, explaino ® of any cican up, repairs, cr rerriediatian of the property clue to at~y of the suEastnnces, a~aaterials car prodaacts IVsted in subsectlcan ~a~ alaove? ~9~J YES If yes, explaia~ _TIF-NE IITY BIAS F~El1lAEI~IATE~..A~~. M~I~~ ~'ESEf~JE I~'~NC)~t T~ Sa~LC 1~«~IC) C;AN"~J IF"F~Q1>tlGE I~E~'C7FtTS U'f="C~I''•d' R'~'kIJE aT. ~ ITT 9~~ Tine undersigned Seller represents that the in~frarnaat'ian set for~~th iQa the above discVosure statement is accc.~rate and can~plet'e to ttte hest rat tt~e SeVler's kncavvledge ran tl~ie to signed beVow, Seiler does neat intend. fru' this disclosure sfaterruent tca be a warranty car c~uarau7ty of any kond. Seller eas by Qutt~aries discVrasure of the infcarn~ntAan contained in this disclosure statea~nent to prespeotive Buyers of the p:°o~r-~~,, Qe~ ~ -+"n~lr~rstands and agrees "that Seller ~iil caotify the E~uyer in uvritlr7g within five kausiness days after Scalier Raeccames a7^-1r= f r~ ~l '7 'r~at~ rr~tatican set forth in this disolosrare staternea~ut has become inaccurate or unrr~rrect in any, ~^/~ay dung tha term ~~`~ ~ ~~ ~.~ ~ ~ I ~;_ ~ ~ ~ .;I~r~~;e by the Buyer. ~,. a~ .~ ,. .., e;-~ Sellc;r: ~..~. ~ ~ ~"~~_' ~. `~ ~ ~~` ~ `o:~a`~'t ;a __°_ _..w_. that ~~ _.. _:. _._~__._._.._._______.__ _. (~a~~n~n~u~j ~ ~ (~naat) ~el9er: _ ~~ .. ~ ~.~._.___.~. Date: (s~gmataurF9~ •.....~„ ,,~~ CPrmrrt~ 'Seller is using this form to dVsclase Seller°s knavwVedge of the ccanditlran caf the real property and Vrnpravea~a~ents P~ocatecl can tl-se property as of the date signed iay Seller, This disclosure forma is not a warranty of any kind. TI7e inforrr~atVon contaVner;l in ttla~; disclosure is lii~nited tca infori~nation to whioh tl7e seller has li<r~cawiedc~e, It is neat Vntenrled to be a substitute for any Vnspectiai~s or professional advice the.B~.tyer ray wish to ~abtain. An independent professia~~~~al inspection is encouraged and may lae~ heVpful to verGfy 'the candi~tiaa~7 of the properly and t'o determine the cast of repairs, if any. Buyer understands 'khese represert~tations are not rr~ade lay any real estate IVicens e. Buyer taerelay acknowlc~r7f ',{ vip~og received a crrpay of thus dnsclcasure staterraent. r-~ ~ / ~, ~ .~ t3uyer: ~.~,~ ,~,. ~ ~' >~*~~°~. -~... , w..~- Date: ^~ r" .~~.~' (~igr'~ .are~;l _ _ Va~u~fint~ Bayer: (sa~rr~al~ic~.) 4~car~ap Ctate; ~d~~la-1 view. 1~J9a.`.y r~~ 2p,r~5 Fforic~a rhssc~eiatd~n caf R~~~c,a~;7`° RYY nights r~ieS~nrE~ If initialed ~y all parties, the clause below will be incorporated into the FAR/BAR Contract for Sale and Purchase between CITY OF DELRAY BEACH (Seiler) and LANA RITZ (Buyer) concerning the Property described as 3740 LANCEWOOD PLACE DELRAY BRACH FL 33445 ~_ I•IOMEOWNERS' ASSOCIATION/COMMUNITY ®ISCLOSURE Buyer's initials -Seller's initials; If to be made a part of the Contract. lF THE DISCLOSURE SUMMARY REQUIRED BY CHAPTER 720, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABiLITY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT SMALL TERMINATE AT CLOSING. BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THIS ^}SCL05URE. Disclosure Summary For ~ SABAL LAKES PHASE ONE {Name of Community) (a) AS A BUYER OF PROPERTY IN THIS COMMUNITY, YOU WILL BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS' AS50- CIATION ("ASSOCIATION"), (b) THERE HAVE BEEN OR WILL BE RECORDI=D RI=STRICTIVE COVENANTS ("COVENANTS") GOVERNING THE USI= AND 000U- PANCY OF PROPERTIES IN THIS COMMUNITY, (c) YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE, IF APPLICABLE, THE CURRENT AMOUNT IS $ 92.00 PER MONTH .YOU WILL ALSO BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE THE ASSOCIATION. SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE, IF APPLICABLE, THE CURRENT AMOUNT IS $ PER (d) YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVE MUNICIPALITY, COUNTY, OR SPECIAL DIS- TRICT. ALL ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE. (e) YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS LEVIED BY A MANDATORY HOMEOWNERS' ASSOCIA- TION COULD RESULT IN A LIEN ON YOUR PROPI=RTY. (f] THERE MAY BEAN OBLIGATION TO PAY RENT OR LAND U5E FEES FOR RECREATIONAL OR OTHER COMMONLY USED 1=AC1LI- TIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS' ASSOCIATION. IF APPLICABLE, THE CURRENT AMOUNT IS $ PER (g) THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE RESTRICTIVE COVENANTS WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS. (h) THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING DOCUMENTS BI=FDRE PUR- CHASING PROPERTY. (i) THESE DOCUMI=fVTS ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED, OR ARE NOT RECORDED AND CAN BE OBTAINED FROM THE DEVELOPER. BUYER ___ Date l~ ~ /~ BUYER Date FBCR-9 Rev. 9/07 OO 20D7 Florida Association of R~n~rons~ and The Florida Bar All Rights Reserved Page of Comprehensive Rider to the FAR/BAR Contract #or Sale and Purchase THIS FORM HA5 BEEN APPROVED BY THE FLORIDA ASSOCIATIOPI OF REALTORS® AND 'THE FLORIDA BAR Addendum to ~©In~,ract F1LiRII r t ~S~~.i_1~~f106J OF R~k~T~.,S'~' Addendum Na. 1 to the Contract dated 1/28/2014 between CITY OF DELRAY BEACH (Seller} and LANA RITZ {Buyer} concerning the property described as: 3740 LANCEWOOD PLACE DELRAY BEACH, FL 33445 (the "Contract"}. Buyer and 5e11er make the following terms and conditions part of the Contract: Extend closing date to 2115111. Date: Buyer; Date: Buyer: Date: Seller; Date: Seller; This form is available for use by the entire real estate industry and is not intended W identify the user as a REALTOR. RE4LTOR is a registered colfecwe membership mark that may be used only by real estate licensees who are members of the National Association of R~.Arro~s and why subscribe to its Gode of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of blank forms by any means including facsimile or computerized farms. ACSP-Za Rev. s/94 X1994 Florida Association of R~nt.rorzs® Au Rights Reserved A~n~~~a ,..,..~.,.