Loading...
06-07-11 Regular AgendaCity of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, .Tune 7, 2011 Regular 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Meeting 6:00 of presentation being as follows: City Staff, public comments, Commission discussion 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 adjust the amount of time allocated. 7:00 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 The City will furnish auxiliary aids and services to afford an individual with a Beach, FL disability an opportunity to participate in and enjoy the benefits of a service, 33444 program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 Phone: (561) hours prior to the event in order for the City to accommondate your request. 243-7000 Adaptive listening devices are available for meetings in the Commission Fax: (561) Chambers. 243-3774 REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. May 17, 2011- Regular Meeting 6. PROCLAMATIONS: A. Recognizing and Commending Dr. Virgil C. Norris 7. PRESENTATIONS: A. RESOLUTION NO. 22-11: Approve Resolution No. 22-11 recognizing and commending Margaret .Tohnson-Graham for 30 years of dedicated service to the City of Delray Beach. B. Update on the Legislative Session -Representative Lori Berman 8. CONSENT AGENDA: City Manager Recommends Approval A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Meeting of May 5, 2011. B. RESOLUTION NO. 16-11 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/114 N.E. 1sT AVENUE): Approve a tax exemption request for eligible improvements to the property located at114 N.E. 1St Avenue within the Old School Square Historic District; by adopting Resolution No. 16-11. C. RESOLUTION NO. 17-11 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/138 N.E. 1St AVENUE): Approve a tax exemption for improvements to the property located at 138 N.E. 1St Avenue within the Old School Square Historic District, and approve Resolution No. 17-11. D. GRANT AGREEMENT/FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION: Approve a Grant Agreement with the Florida Fish and Wildlife Conservation Commission to provide funding in the amount of $102,500.00 for the reconstruction of the Mangrove Park Boat Ramer E. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/CHAZ EQUIPMENT COMPANY, INC.: Approve a Contract Closeout (C.O. No. 2/Final) in the amount of a $41,130.83 decrease and final payment in the amount of $63,756.42 to Chaz Equipment Company, Inc. for completion of the S.W. 12th Avenue Alleys; Phase I Project. Funding is available from 334-3162-541-68.49 (General Construction Fund/Other Improvement/SW 12th Av Ph I Alleys and 448-5461-538-68.38 (Storm Water Utility Fund/Other Improvement/SW 12th Av Ph I Allev). AGREEMENT/HIT AFTER HIT, INC.: Approve an agreement with Hit After Hit, Inc. to create an Ultimate Performer singing competition at Pompev Park. G. NEIGHBORHOOD STABILIZATION PROGRAM (NSP) EXTENSION OF AUTHORIZATION: Provide authorization to extend the City Manager and /or his designees to sign purchase agreements for the acquisition of properties under the NSP initiative until September 30, 2013. H. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING REHABILITATION CONTRACT AWARDS: Approve two ~) Housing Rehabilitation contract awards for 108 N.W. 8th Avenue and 215 N.W. 6th Avenue to Built Solid Construction, LLC., the lowest responsive bidder, in the amount of $54,512.47 for housing rehabilitation grants under the Community Development Block Grant (CDBG). Funding is available from 118-1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). L FIFTH AMENDMENT TO THE INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve the Fifth Amendment to the Interlocal Agreement with Palm Beach County in the amount of $50,000.00 supporting Weed and Seed "seeding" efforts. J. SCHOOL READINESS CHILD CARE SERVICE AGREEMENT/FAMILY CENTRAL, INC.: Approve a School Readiness Child Care Service Agreement between the City and Family Centrah Inca to provide subsidized child care funding for the Afterschool Program. K. AFTERSCHOOL PROGRAM SERVICE AGREEMENT/FAMILY CENTRAL, INC.: Approve an Afterschool Program Service Agreement between the City and Family Central, Inc., to continue reimbursable funding through the Continue to Care-Afterschool Scholarship program for the Afterschool Program located at Pompey Park and the Community Center. L. RENEWAL OF AGREEMENT/PALM BEACH STATE COLLEGE: Approve renewing an Agreement with Palm Beach State College to provide education and training to students in the Paramedic and EMT program for Delray Beach Fire Rescue. M. CHANGES TO THE GENERAL EMPLOYEES INVESTMENT POLICY GUIDELINES: Approve changes to the General Employees Investment Policy Guidelines. N. RATIFICATION OF APPOINTMENT TO THE KIDS AND COPS COMMITTEE: Approve and ratify the appointment of Ms. Nicole Guerriero, Police Department Representative, for an unexpired term ending November 30, 2011. O. RESOLUTION NO. 21-11: Approve Resolution No. 21-11 assessing costs for abatement action required to remove nuisances on four ~) properties throughtout the City P. NAME CHANGE AMENDMENT FOR PROFESSIONAL SERVICES CONTRACT/ATKINS NORTH AMERICA, INC: Approve a Name Change Amendment for Professional Services Contract from Post, Buckley, Schuh &&nbsp; Jernigan, Inc. (PBS & .T, Inc.) to Atkins North America, Inc. Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 16, 2011 through .Tune 5, 2011. R. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Pro Courts in the amount of $23,222.50 for fence repair at the Tennis Center and at the Delray Beach Swim and Tennis Club. Funding is available from 334-4145-572-46.90 (General Construction Fund: Repair & Maintenance Services/Other Repair/Maintenance Costs). 2. Bid award to Pro Courts in the amount of $35,040.00 for resurfacing courts five (5) through eight ~) and installing approximately 340 linear feet of channel drains along the north side of courts five ~) through eight ~) and the north side of court nine ~) at the Tennis Center. Funding is available from 334-4145-572- 46.90 General Construction Fund: Repair & Maintenance Services/Other Repair/Maintenance Costs). 3. Purchase award to Municipal Equipment Company, LLC in the amount of $55,201.25 for twenty-five (25) replacement sets of firefighting personal protective equipment. Funding is available from 001-2315-526-52.18 (General Fund: Operating Supplies/Bunker Gear). 4. Purchase award to Hector Turf, Inc. in the amount of $16,664.26 for the purchase of one ~) Toro Groundmaster 7200 with 62" Recycler Kit for Utilities Maintenance. Funding is available from 441-5143-536-64.90 (Water and Sewer Fund: Machinery/Equipment/Other Machinery/Equipment). 5. Purchase award to Ag-Tronix in the amount of $49,395.92 to continue computerization of irrigation systems to the remainder of the parks, medians and public facilities. Funding is available from 119-4151-572-64.90 Beautification Trust Fund: Machinery/Equipment/Other Machinery/Equipment). 6. Purchase award to Sports Turf One, Inc. in the amount of $62,742.45 for resodding Hilltopper Stadium. Funding is available from 001-4131-572-34.90 (General Fund: Other Contractual Service). 7. Purchase award to Stop-Tech in the amount of $27,417.00 for sixty (60) Stop Stick kits, storage units, and an on-site "train-the-trainer" course for implementation. Funding is available from 334-2111-521-52.27 (General Construction Fund: Operating Supplies/Equipment <$1,000~ 9. REGULAR AGENDA: A. CONDITIONAL USE RE~UEST/MOTION AUTO CARE: Consider a conditional use request to allow the establishment of an automobile repair shop with detailing services for Motion Auto Care, to occupy a tenant bay within amulti-tenant industrial building, located at 1208 Georgia Street. (Quasi-Judicial Hearing B. FUNDING AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/ECONOMIC DEVELOPMENT DIRECTOR POSITION: Provide direction as to whether a new Economic Development Director should be hired, and if so what organization that position should be part of and how it would relate to the City as a whole. C. CONTRACT AWARD/INTERCOUNTY ENGINEERING, INC.: Consider a contract award to Intercounty Engineering, Inc. in the amount of $816,492.50 for the construction of Osceola Park Water Main Phase II Project. Funding is available from 442-5178-536-65.85 (W&S Renewal & Replacement Fund: Other Improvements/Osceola Park). D. 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 Mayor McDuffie (Seat #5). E. APPOINTMENT TO THE BOARD OF AD.TUSTMENT: Appoint one ~) alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2011. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5~ 10. PUBLIC HEARINGS: A. ORDINANCE NO. 12-11 (SECOND READING/SECOND PUBLIC HEARING): Consider a city initiated amendment to the Land Development Regulations (LDR~ Article 4.4 to add community gardens as a principal use and an accessory use, amending Section 4.3.3, "Special Requirements for Specific Uses", to establish specific regulations pertaining to the development of community gardens. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 18-11: Consider amending Chapter 132, "Offenses Against Public Peace And Safety", by amending Section 132.09, "Skateboarding and the Like Prohibited", to provide certain areas in which skateboarding shall be prohibited. If passed, a public hearing will be held on .Tune 21, 2011. B. ORDINANCE NO. 19-11: Consider amending Chapter 96, "Fire Safety and Emergency Services", and amending Section 96.16, "Certain Codes Adopted by Reference", to clarify the requirements for reconstruction. If passed, a public hearing will be held on .Tune 21, 2011. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission May 17, 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, May 17, 2011. 1. Roll call showed: Present - Commissioner Tom Carney 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 Ron Arflin, Director of Pastoral Services at Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie stated with regard to Item 8.G., Special Event Request/Spady Living Heritage Day the date should read August 20, 2011 not August 27, 2011. Also, with regard to Item 8.L1., Purchase Award to Island Air Conditioning, Mayor McDuffie disclosed that his son is an employee of Island Air Conditioning. Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Regular Meeting of May 3, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote. 05/17/11 Mrs. Gray moved to approve the Minutes of the Workshop Meeting of May 10, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Downtown Development Authority's 40th Anniversary -Mav 22, 2011 Mayor McDuffie read and presented a proclamation hereby proclaiming May 22, 2011 as Downtown Development Authority's 40th Year Anniversary. Mayor McDuffie stated those invited to the meeting tonight is everyone who has been a member of the Downtown Development Authority in the last 40 years. 6.B. National Safe Boating Week -Mav 21-27, 2011 Mayor McDuffie read and presented a proclamation hereby proclaiming May 21-27, 2011 as National Safe Boating Week. Art Zimmerman came forward to accept the proclamation. 6.C. Recognizing Juneteenth -June 19, 2011 Mayor McDuffie read and presented a proclamation hereby proclaiming June 19, 2011 as Juneteenth. Barbara Haider came forward to accept the proclamation. 6.D. National Kids to Parks Dav -Mav 21, 2011 Mayor McDuffie read a proclamation hereby proclaiming May 21, 2011 as National Kids to Parks Day and noted this will be mailed. 6.E. National Missing Children's Dav -Mav 25, 2011 Mayor McDuffie read a proclamation hereby proclaiming May 25, 2011 as National Missing Children's Day and noted this will be mailed. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 18-11: Approve Resolution No. 18-11 recognizing and commending Dolores Egan for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 18-11 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING DOLORES EGAN FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. 2 05/17/11 (The official copy of Resolution No. 18-ll is on file in the City Clerk's office.) Mr. Carney moved to approve Resolution No. 18-ll, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 7.B. Update on the Legislative Session -Representative Bill Hager Mr. Bill Hager, State Representative, gave a brief update on the Legislative Session. Mr. Hager stated revenue was down $4 billion at the State level and their responsibility is to reduce expenditures by $4 billion. He stated in addition to a balanced budget they passed a "pill mill" Bill and noted he took account of the resolution coming from this City Commission which requested that a database be placed into the Bill. Mr. Hager stated he is on the Judiciary Committee and voted against the Bill because it did not have a database. Mr. Hager stated the database is critical because there are about 100 physicians who write an unlimited number of prescriptions typically for oxycontin, a drug that if abused, is extremely addictive and the addicts take them to pharmacy after pharmacy. However, Mr. Hager stated with the database they can shut that down. Mr. Hager stated the Bill that passed included the database and as it passed the House, the Governor, and the Attorney General was present. He stated another Bill he voted for is growth management and a Bill that he sponsored that received support and was promoted by a high number of people was the authority given to School Districts which bans smoking. Mayor McDuffie stated the 50 largest prescribing physicians of oxycodone in the United States live in Palm Beach, Dade, and Broward Counties. 7.C. Historic Preservation Board Recognition Awards Dan Sloan (local architect) member of the Historic Preservation Board since 2008 and has served as Chairperson since August 2009, presented the following winners of the 6th Annual Award Recognition Program with Historic Preservation Board Recognition Awards in the following design categories: NEW SIGNAGE 44 East Atlantic Avenue, Old School Square Historic District MURAL St. Paul's Episcopal Church, Paul's Place, Old School Square Historic District EXTERIOR ALTERATIONS 222 SE 7th Avenue, Marina Square Historic District 255 North Swinton Avenue, Old School Square Historic District 05/17/11 RESIDENTIAL ADDITIONS, RENOVATIONS, AND RESTORATIONS 138 NE 1st Avenue, Old School Square Historic District 702 SE 2nd Street (fka 200 Marine Way), Marina Historic District MULTI-FAMILY/COMMERCIAL ADDITIONS, RENOVATIONS, AND RESTORATIONS 135 NE 1st Avenue, Old School Square Historic District 44 East Atlantic Avenue, Old School Square Historic District SINGLE FAMILY RESIDENTIAL NEW CONSTRUCTION 704 SE 2nd Street, Marina Historic District COMMERCIAL NEW CONSTRUCTION 251 Dixie Boulevard, Del-Ida Park Historic District PRESERVE DELRAY AWARD In 2009, the Historic Preservation Board (HPB) added an additional award category, "Preserve Delray Award", in response to the City's recent designation as a Preserve America Community. This category will annually recognize property owners who continually preserve their significant piece of Delray Beach history. The award is divided into residential and multi-family/commercial categories. RESIDENTIAL 19 Andrews Avenue, The Scott House, Individually Designated MULTI-FAMILY/COMMERCIAL 401 NE 2nd Avenue, Del-Ida Park Historic District 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. HOLD HARMLESS AGREEMENT/FLORANDA MHP, LLC AND NEW CENTURY EXECUTIVE QUARTERS, LLC/F'RANKLIN AT DELRAY BEACH: Approve a Hold Harmless Agreement with Floranda MHP, LLC and New Century Executive Quarters, LLC to install a water main within the Florida Department of Transportation right-of--way for Franklin at Delray Beach located on the west side of S.E. 5th Avenue (South Federal Highway). 8.B. REVISION TO THE CITY'S SPECIAL EVENTS POLICIES AND PROCEDURES: Approve revisions to the City's Special Events Policies and Procedures. 8.C. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA): HILLTOPPER STADIUM: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) to provide funding for resodding of Hilltopper Stadium. 4 05/17/11 8.D. SERVICE AUTHORIZATION NO. 19/SPATIAL FOCUS, INC.: Approve Service Authorization No. 19 with Spatial Focus, Inc. in the amount of $24,775.00 for completing addressing work related to the public safety software implementation and for setting up an Address Reference System, maintenance database, and associated documentation/training. Funding is available from 441-5161- 536-31.90 (Water and Sewer Fund: Water and Sewer Fund: Professional Services/Other Professional Services) and 334-2111-521-31.90 (General Construction Fund: Professional Services/Other Professional Services). 8.E. MODIFICATION TO THE SUB-GRANT AGREEMENT/DIVISION OF EMERGENCY MANAGEMENT/OLD SCHOOL SQUARE WINDOW REPLACEMENT: Approve a Modification to the Subgrant Agreement with the Division of Emergency Management for the installation of 227 impact resistant glass windows at Old School Square to extend the deadline to June 10, 2012. 8.F. CONSULTING SERVICE AUTHORIZATION/PALM BEACH COUNTY PUBLIC ART ADMINISTRATION: Approve a Consulting Service Authorization with Palm Beach County Public Art Administration in the amount of $14,880.00 for administrative support in updating the 2004 City of Delray Beach Public Art Master Plan. Funding is available from 115-1702-579-31.90 (Special Projects Fund: Professional Services/Other Professional Services). 8.G. SPECIAL EVENT REQUEST/SPADY LIVING HERITAGE DAY: Approve a special event request to endorse the 6th Annual Spady Heritage Day to be held on August 20, 2011 from noon to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of N.W. 5th Avenue from Atlantic Avenue to N.W. 1st Street and S.W. 5th Avenue from Atlantic Avenue to S.W. 1st Street; to authorize staff support for security, EMS assistance, fire inspection, clean up, barricading, City generator use, set up and use of the large mobile stage, and event signage and banners; contingent upon the receipt of a Certificate of Liability Insurance, receipt of letters authorizing use of private property and a hold harmless agreement two (2) weeks prior to the event. 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 2, 2011 through May 13, 2011. 8.I. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Island Air Conditioning in the amount of $17,900.00 for the replacement of two (2) air conditioning units at the Community Center. Funding is available from 334-4125-572- 64.90 (General Construction Fund: Machinery/Equipment/Other Machinery/Equipment). 2. Contract award to Ovivo USA, LLC in the amount of $29,456.00 for removing and replacing the gear motor unit on Clarifier #2 at 5 05/17/11 the Water Treatment Plant. Funding is available from 442-5178- 536-64.90 (Water & Sewer Renewal & Replacement Fund: Machinery/Equipment/Other Machinery/Equipment). 3. Contract award to Line-Tec, Inc. in the amount of $49,699.00 for the installation of water services at the following locations: S.W. 1st Street, S.W. 3rd Avenue, S.W. 6th Avenue and S.W. 3rd Street for a Water Main Improvement project. Funding is available from 442-5178-536-68.62 (Water & Sewer Renewal & Replacement Fund: Improvements Other/S.W. 3rd Street & 6th Avenue WM Upgrade). 4. Bid award to Simply the Best Charter, Inc. in the annual estimated amount of $35,530.00 for Bus Rental and Driver Service for the Parks and Recreation Department for Youth Football Program, Summer Day Camp, Holiday Day Camp, Special Events and Sport & Dance Competition. Funding is available from multiple Parks and Recreation Department accounts. Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. FINAL SUBDIVISION PLAT APPROVAL AND WAIVER REQUEST/SEASIDE: Consider approval of a final plat and a waiver to the Land Development Regulations (LDR) Section 4.3.4 (K), "Development Standards Matrix", minimum lot depth requirement in conjunction with the creation of a four-lot single family subdivision known as Seaside, located on the north side of Lowry Street, west of Andrews Avenue. (Quasi-Judicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record. 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 #2011-093 into the record. 6 05/17/11 Mr. Dorling stated this item is approval of a final plat and an associated waiver fora 1.34 acre four lot subdivision off Lowry Street (northwest corner of Andrews Avenue and Lowry Street). He stated there is an existing house on the western lot and the eastern lot is currently vacant. Mr. Dorling stated the current LDRs require the lot depth to be measured from the center of the lot which is approximately 85 feet and the lot depth is required by the LDRs to be 100 foot. He stated if you take the larger portion and the smaller portion there is an average lot depth of 104 feet; however, because the LDRs require it to be measured in this location this is only 85 feet hence the need for the waiver. Mr. Dorling stated the required findings are made in the staff report and in the Planning and Zoning documentation and staff recommends approval of the waiver given the average lot depth of 104 feet. At its meeting of April 25, 2011, the Planning and Zoning Board reviewed the Plat and Waiver request and recommended approval of the final plat and the associated waiver with a 6 to 0 vote. Gary Eliopoulos, GE Architecture, 205 George Bush Boulevard, Delray Beach, FL 33444, stated they concur with staff s findings. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the final subdivision plat approval and waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the final subdivision plat approval and waiver request, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve the Final Subdivision Plat, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.B. DISTRICT OFFICE LEASE AGREEMENT/CONGRESSMAN ALCEE HASTINGS: Consider approval of a District Office Lease Agreement with the Honorable Alcee Hastings for approximately 689 square feet at City Hall for office space. 7 05/17/11 Robert A. Barcinski, Assistant City Manager, stated this item is for the Commission to consider approval of a lease for approximately 689 square feet at City Hall with the Honorable Alcee Hastings for his local office. Mr. Barcinski stated the lease has been reviewed and the City Attorney's office as well as Congressman Hastings office is fine with the changes. Mr. Barcinski stated the term of the lease is from June 15, 2011 to January 2, 2013 and the proposed lease amount is $300.00 and can be terminated by either party with 60 days written notice. He stated the City would assume the electric/water costs and Congressman's Hastings office will take care of phone/computer line costs. Mrs. Gray moved to approve a District Lease Agreement with the Honorable Alcee Hastings for approximately 689 square feet at City Hall for office space, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.C. RESCIND DONATION AGREEMENT AND ACCEPT AN ART EXHIBITION AND RIGHT TO PURCHASE AGREEMENT WITH WILLIAM DEBII,ZAN: Consider rescinding the Donation Agreement and approving an Art Exhibition and Right to Purchase Agreement with William DeBilzan for a sculpture to be installed in Worthing Park. Funding is available from 115-1702-579-31.90 (Special Projects Fund: Professional Services/Other Professional Services). Randal Krejcarek, City Engineer, stated last September the City Commission approved the agreement for donations from Artist William DeBilzan and as the Public Art Advisory Board has been working through the process of getting the sculpture finalized it is going to be completed as part of the park project in Worthing Park. Mr. Krejcarek stated the Board has had several discussions throughout the course of the year and some concerns expressed by the Board are that the location of Worthing Park is a prime location and there should be the ability to rotate the art at this location versus just placing one piece of art there. He stated another concern of the Board is the long-term maintenance of this art piece because this is a unique piece of art and is the first time that this artist has done a work of art to the outdoors. Mr. Krejcarek stated the City hired the County Art Administrator to help coordinate the installation of this art piece and after discussions the Board decided that they wanted to go back to the artist to see if he would be willing to loan the piece on a five year basis to the city. Mr. Krejcarek stated the artist agreed and thus the reason for the agreement. Mr. Krejcarek stated the Public Art Advisory Board recommends rescinding the donation agreement and entering into the art agreement. Mr. Krejcarek expressed concern over the $2,500.00 fee in the loan agreement to put the art in the park and a $2,500.00 fee to the artist to remove the art after the five years. The art piece is currently valued at $130,000.00. Mr. Frankel stated he was under the impression that the artist was going to give the City the art and asked what happened. Mr. Krejcarek stated when the artist first came to the Board and said that he would like to donate a piece of art to the City one of his requirements was that he would like it in a very visible location. He stated at the time 8 05/17/11 staff was starting the process of Worthing Park and that was the location that was picked. NIr. Krejcarek stated since that time the Board has had a lot of discussion about citing art and finding the right location for the right piece of art, the long-term effects of art in certain locations, and the fact that if we have certain locations that are prime locations for public art they wanted just one piece of art there. The Board came to the decision that in this location of Worthing Park they would really like to rotate the art in this location and that is the reason for the change. Mayor McDuffie asked if the artist agrees with this. NIr. Krejcarek stated the artist is in agreement. NIr. Fetzer stated he has been involved with the Public Art Advisory Board on this project and supports the Board's recommendation. NIr. Fetzer stated the value of the donation far exceeds this cost and he supports what is being proposed. Mrs. Gray stated she is in support of the Board's recommendation and is also in favor that in five years maybe the opportunity could be given to another artist so that there would be different type of artwork. NIr. Carney asked if the artist retains the ownership of the item. Mr. Krejcarek stated at the end of the five years it reverts back to the artist. NIr. Carney asked if the piece of art is vandalized or destroyed is the City responsible for the reimbursement to the artist for the value of the piece. Mr. Carney stated he does not want the City to pick up any expense should it be destroyed somehow either intentionally or unintentionally. Mr. Carney expressed concern over the reverter provision in the agreement and stated he wants to make sure there is no liability to the City or claim a dimunition in value when the artist gets it back based on anything that may have occurred to that piece of art as it stood in public space. Mr. Krejcarek stated that value placed on the art is if the City so chooses at the end of the five years to purchase it that is what the City would pay for it. NIr. Carney reiterated that he wants to ensure that there is no possibility for the City to be responsible for any damages to the artist because of the reverter provision. The City Attorney stated staff can attach that as a condition to this agreement. NIr. Carney asked if it is site specific where the art piece will go in Worthing Place. Mr. Krejcarek stated the location of the art is still going to be approximately in the center of the park and it may change by a couple of feet. NIr. Frankel made reference to #7 of the Artist Exhibition and Right to Purchase Agreement which states: "The CITY shall not be responsible to the ARTIST in the event that the ARTWORK is lost, stolen or damaged by third parties." The City Attorney stated staff will clarify that to add "and shall not claim any further diminution in value from the artwork sitting out whether it is weathering or whatever." 9 05/17/11 Mr. Frankel moved to approve Item 9.C. with the condition as outlined by the City Attorney and it also includes both sections of the rescission of the first agreement and the adoption of this agreement as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney - Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9.D. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint one (1) regular member to serve an unexpired term ending July 31, 2012 and one (1) alternate member to serve an unexpired term ending July 31, 2011 to the Financial Review Board. Based on the rotation system, the appointments will be made by Commissioner Gray (Seat #4) for one (1) regular member and Mayor McDuffie (Seat #5) for one (1) alternate member. Mrs. Gray moved to appoint Warren Trilling as a regular member to the Financial Review Board to serve an unexpired term ending July 31, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie stated he wished to defer his appointment to the next regular meeting. 9.E. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) regular member to the Board of Adjustment for an unexpired term ending August 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). Mrs. Gray moved to reappoint Allen Kilik as a regular member to the Board of Adjustment for an unexpired term ending August 31, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to serve an unexpired term ending January 14, 2013 on the Code Enforcement Board. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to appoint Kurt Lehmann as an alternate member to the Code Enforcement Board to serve an unexpired term ending January 14, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10 05/17/11 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 12-11 (FIRST READING/FIRST PUBLIC HEARING): Consider a city initiated amendment to the Land Development Regulations (LDR) Article 4.4 to add community gardens as a principal use and amending Section 4.3.3, "Special Requirements for Specific Uses", to establish specific regulations pertaining to the development of community gardens. If passed, a second public hearing will be held on June 7, 2011. The caption of Ordinance No. 12-ll is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY ENACTING A NEW SECTION 4.3.3(D), "COMMUNITY GARDENS", TO PROVIDE STANDARDS FOR SAME; AMENDING SECTIONS 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SUBSECTIONS (B), "PRINCIPAL USES AND STRUCTURES PERMITTED" AND (C), "ACCESSORY USES AND STRUCTURES PERMITTED", 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTIONS (B), "PRINCIPAL USES AND STRUCTURES PERMITTED" AND (C), "ACCESSORY USES AND STRUCTURES PERMITTED"; TO ADD COMMUNITY GARDENS TO THE LIST OF PERMITTED USES, AND AS ACCESSORY USES TO AN APPROVED MULTI-FAMILY DEVELOPMENT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 12-ll 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 to add a new use of "community gardens" to specific zoning districts as both permitted uses and accessory uses subject to certain regulations. Mr. Dorling stated community gardens are green spaces that are communally cultivated and cared for and may consist of individually-worked plots, communally-tended areas and sitting areas. He stated the 11 05/17/11 intent of the permitting community gardens is to allow a group of residents to grow produce and horticultural plants for their consumption and the gardens are not intended to be commercial enterprises so the sale of produce and plants that are produced on the site is prohibited. Mr. Dorling stated the use is anticipated to be a temporary use to primarily occupy infill lots and are noted as permitted uses in R-1 (Single Family Districts), RL (Low Density Residential Districts), and RM (Medium Density Residential Districts). In both the RL and the RM Districts they will also be allowed as accessory uses to approve multi-family developments. Mr. Dorling stated the regulations will deal with maintenance responsibility, hours of operation, required approval processes, and prohibitions on sale of produce on site, and the utilization of synthetic chemicals. He stated there are also some special regulations which limit the overall size, provide required setbacks, and identify types of material and activities that are allowed on the site as well as aesthetic concerns which would include perimeter hedging and fencing. At its meeting of April 28, 2011, the Community Redevelopment Agency (CRA) recommended approval and suggested that regular inspections be provided to ensure compliance including those restricting chemical pesticides. At its meeting of May 10, 2011, the West Atlantic Redevelopment Coalition recommended approval and had discussion that greater specificity with regard to allowable (i.e. legal) plantings be made. Staff noted these are going to be high visibility sites and do not believe that it will be an issue. At its meeting of April 25, 2011, the Planning and Zoning Board recommended approval although they had significant discussion about the aesthetic requirements. Mrs. Gray thanked staff for getting this done and asked who would be responsible for the insurance on these properties. Mr. Dorling stated the private property owner is responsible for all activities that occur on this site. The City will have initial approval and layout of the site but it is ultimately the responsibility of the property owner. Lula Butler, Director of Community Improvement, stated the application for a community garden requires that the property owner sign off on an application that they are allowing it to be used. Mr. Carney expressed concern over the definition of "food crop". Mr. Dorling stated if staff runs into some issues the ordinance can be tweaked but at this time they do not feel it is necessary. Mayor McDuffie commented about synthetic chemicals and asked if the State of Florida has a list of prohibited chemicals. Mr. Dorling stated this would include any insecticides and would limit it to things like manure and organic fertilizers. Mayor McDuffie stated aesthetically some of these community gardens are attractive and some are an eyesore. Mr. Dorling stated this ordinance tends to address that with the fencing and perimeter hedging requirements and the setback requirements. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 12-11, the public hearing was closed. 12 05/17/11 Mrs. Gray asked if the City is charging for the plots. Mr. Dorling stated there would not be a City charge except with amulti-family there is a Class I application fee and if there were any fee from the Community Improvement division it would be a small fee. Mr. Fetzer moved to approve Ordinance No. 12-11 on First Reading/First Public Hearing, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 10.B. RESOLUTION NO. 20-11/CONTRACT FOR SALE AND PURCHASE/5175 N.W. 6TH STREET: Consider approval of Resolution No. 20-11, a contract for sale and purchase, authorizing the City to sell Neighborhood Stabilization Program property located at 5175 N.W. 6th Street to Nicaisse Eloi for the amount of $102,000.00 and provide a subsidy of up to $20,000.00 secured by a promissory note and second mortgage. The caption of Resolution No. 20-11 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 20-11 is on file in the City Clerk's A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Lula Butler, Director of Community Improvement, stated this item is the approval to sell one of the City's properties purchased under the Neighborhood Stabilization Program (NSP) located at 5175 N.W. 6m Street to Nicaisse Eloi for $102,000.00 and the City will hold a $20,000.00 secured promissory note on the property. This property is located within the Rainberry Woods subdivision. Mr. Frankel asked if they have made a profit. Mrs. Butler stated they have made a little over $236,000.00 with the properties they have sold. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 20-11, the public hearing was closed. 13 05/17/11 Mr. Frankel moved to approve Resolution No. 20-11, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 16-ll: Consider acity-initiated amendment to the Land Development Regulations (LDR) Section 4.3.3 (I), "Community Residential Homes and Group Homes", to remove an out-of--date reference to Section 4.3.3(D), "Residential and Non-Residential Licensed Services Provider Facilities". The caption of Ordinance No. 16-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.3 (I), "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES"; TO REMOVE AN OUT-OF-DATE REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-11 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling AICP, Director of Planning and Zoning, stated this is a city- initiated amendment to LDR Section 4.3.3(I), "Community Residential Homes and Group Homes", to remove an out-of--date reference to Section 4.3.3(D), "Residential and Non-Residential Licensed Services Provider Facilities". At its meeting of April 5, 2011, the City Commission eliminated the majority of the references to this section in conjunction with the medical arts district. At its meeting of April 25, 2011, the Planning and Zoning Board recommended approval with a 6 to 0 vote and at its meeting of May 3, 2011, the City Commission recommended approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 16-11, the public hearing was closed. 14 05/17/11 Mr. Frankel moved to adopt Ordinance No. 16-11 on Second and FINAL Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 17-ll: Consider a city initiated amendment to Land Development Regulations (LDR) Section 4.4.29, "Mixed Residential Office and Commercial (MROC) District", to clarify allowable densities. The caption of Ordinance No. 17-11 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT"; TO CLARIFY THE MAXIMUM PERMITTED DENSITIES IN THE MROC ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 17-11 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 that the LDRs currently state that densities are allowed between 40 and 50 in the Congress Avenue corridor and is the maximum densities allowed as it relates to the properties' location to the tri-rail station. Mr. Dorling stated this is a verbiage change to clarify that densities lower than 40 and 50 are also allowed should they desire to be. At its meeting of April 25, 2011, 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. 17-11, the public hearing was closed. Mrs. Gray moved to adopt Ordinance No. 17-11 on Second and FINAL Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney - Yes. Said motion passed with a 5 to 0 vote. 15 05/17/11 At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. inquiries. The City Manager had no response to prior public comments and 11.B. From the Public. 11.B.1. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delrav Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delrav Beach stated he was present two weeks ago when the City Manager presented to the Commission a request from the "Village Elders" and that they have a private audience with the entire Commission to address their grievances. Dr. Kirson stated Tierra Verde has issues and would like to have a private audience with the Commission as well. Mayor McDuffie stated you cannot have a private audience with the City Commission. It must be announced as a public meeting and there is no such thing as a private audience with all five Commission members; meeting with one Commission member at a time is acceptable otherwise they have to announce it and anyone and everyone is welcome at that meeting. 11.B.2. David Armstrong, 321 N. Swinton Avenue, Delrav Beach, FL 33444, stated he would like to propose a family clothing optional beach on the north end of Delray Beach (the recreational area) and asked how he can go about getting the citizens of Delray Beach to take a vote on it. Mr. Armstrong stated if naturists come to the area they will spend over $300.00 a day on hotels, motels, restaurants and entertainment venues and believes this would keep the city prosperous year round. He stated there are over 55 million naturists and nudists worldwide. Mr. Armstrong displayed signs that they would post. Mr. Armstrong stated there is a nude beach in North Miami (44 miles south of Delray Beach) and the revenue from that beach is $1,770,000.00 alone in parking and the other money is from businesses, shops, restaurants and entertainment venues. Mayor McDuffie suggested that Mr. Armstrong contact Chevelle Nubin, City Clerk or Susan Bucher, Supervisor of Elections. Mayor McDuffie stated there will not be another city election until next March. 12. FIRST READINGS: A. None 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager 16 05/17/11 The City Manager stated staff met with the "Village Elders" and discussed ongoing projects and how we interact with that community and work with them. The City Manager stated the discussion lasted a couple of hours and they will be back in touch. Secondly, the City Manager stated he met the week before last with the Director of the YMCA to discuss the property on Congress Avenue and he wants to put together some concepts of how we might develop apublic/private partnership in building a community center and YMCA facility on that property. The City Manager stated they took the current floor plan and compared it to the YMCA's plans and based on their experience in working with different communities to give some recommendations on that. The City Manager stated he is very interested in what the YMCA will propose and the City has received agreements from 3-4 other cities in Florida that have partnerships with the YMCA and each one is structured a little differently. Lastly, the City Manager stated Kurt Bressner resigned as City Manager for the City of Boynton Beach and he will be leaving the middle of June. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer commented about the article in the Sun-Sentinel News about a Workshop Meeting in June with the "Village Elders". The City Manager stated that commitment has not been made and as he understood it if they had some specific questions staff could place those on our regular workshop agenda but we would not have any special workshop. Mr. Fetzer stated if we do have this on a regular workshop agenda that we do follow the rules for the workshops that we have set up but also that we have specific topics and proposals to discuss. Mr. Fetzer stated to talk about lack of communication is too broad and he would like to see specific issues that staff is going to discuss. 13.C.2. Mr. Carney Mr. Carney stated it was disappointing to see the Atlantic Ocean Club closing down. Mr. Frankel stated they are reopening this weekend and announced that they have a new chef who was contingent on not having the former name and former menu. Mr. Carney stated we need to continue our efforts to keep business coming into this city and look at ways to increase retail along the vibrant corridor. 17 05/17/11 13.C.3. Mrs. Gray Mrs. Gray stated the Village Academy will be having their first graduation on May 29, 2011 at 12:00 noon. Secondly, Mrs. Gray stated she and Commissioner Carney attended the Dare to be Great Scholarship Program by Mr. Morgan Russell and they gave $8,000- $10,000 of scholarships to 9-10 kids from several of the schools in the area. Mrs. Gray stated one of the criteria was that they live in Delray Beach and they had to have over a 3.0 GPA. She stated former Mayor Jeff Perlman was instrumental in this effort along with others. Mrs. Gray stated this Saturday from 9:00 a.m. - 2:00 p.m. Island Flair Straw Market will be having their first event at S.W. Sm Avenue and Atlantic Avenue Plaza. Lastly, Mrs. Gray stated the Ribbon Cutting Ceremony for the Villages of Delray will be Friday at 1:00 p.m. 13.C.4. Mr. Frankel Mr. Frankel stated he is on the Host Committee for the 2"d Annual Life Style Gala being held Thursday, May 19, 2011 at the Boca Hotel. Secondly, Mr. Frankel stated with regard to Commissioner Fetzer's comments about the "Village Elders" and if the Commission is going to start hosting individual groups, he has been informed that two other groups would also like an audience with the Commission. Mr. Frankel stated the Commission needs to treat all groups on an equal basis and not have certain rules for certain groups. 13.C.5. Mayor McDuffie Mayor McDuffie concurs with the rest of the Commission and stated the way Dr. Victor Kirson brought this up tonight the Commission cannot hold private meetings for individual groups. Mayor McDuffie stated everything the Commission does as a group has to be public and according to the Sunshine Law. Secondly, Mayor McDuffie commented about the Digital Divide Project and stated he has spent approximately 2-3 hours with four people from Information System Services with the County. Mayor McDuffie stated there is some AT&T equipment down here that they want to remove because of the cost and as they remove that they are going to replace it with some of the radio equipment that the City had designated in the plan last time staff was working on the digital divide. Mayor McDuffie stated they are going to light up about a two block area from Swinton Avenue to Congress Avenue as a result of taking this AT&T equipment out. He stated the coverage area they were looking for in the grant was from Lake Ida to lOm after they get done that will require about 30 more radios/transceivers (sends and receives wireless) to get full 18 05/17/11 coverage in the area. Mayor McDuffie stated the cost is $2,900.00 each which is a total of $87,000.00 for the 30 radios and $5,250.00 in recurring costs (pole mount and electricity); $115.00 per pole per year from FPL to mount them and $5.00 per pole per month for electricity. Mayor McDuffie stated he has talked to Dorothy Ellington at the Delray Beach Housing Authority, Auburn Development Group who will buy in as a partner, Diane Colonna and there is interest on the CRA's behalf, Janet Meeks, Seabron Smith, Shannon Larocque and Steve Abrams. Mayor McDuffie stated he is also going to speak to Lieutenant Governor Jennifer Carroll on Friday about this. Mayor McDuffie stated we need supporters throughout the community who will assist us in buying the remainder of these radios. The County is the only organization that has FPL's permission to mount these. In addition, Mayor McDuffie stated we have the computer lab at S.D. Spady, the computer lab at Atlantic High School and the computer lab at Village Academy that are now refurbishing PC's that can go into the community as soon as we get the wireless up. Mayor McDuffie stated we can look at Office Depot and some of the other organizations and see if anyone would like to become a partner with the City on this project. Mayor McDuffie stated regarding the beautification of Martin Luther King, Jr. Boulevard particularly with the palm trees is that these palm trees were just put in and they are already sticking into the oak trees. In addition, Mayor McDuffie stated some of the other palm trees are already rubbing against power lines particularly on the south side and asked that this be looked into. Mayor McDuffie stated it has come to his attention from people especially in discussing the art that is now going to Worthing Place that most, if not all of the art in Pineapple Grove, is not mounted to State regulations and is bolted to pavers which in a hurricane would be missiles. He suggested that staff look into this matter. Lastly, Mayor McDuffie stated he received a telephone call today from a public school wanting to know if they had to pay for registering their alarms or if the City is exempting the public schools. The City Manager stated staff will look into this. There being no further business, Mayor McDuffie declared the meeting adjourned at 7:37 p.m. City Clerk 19 05/17/11 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 May 17, 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. 20 05/17/11 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR SEASIDE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA The waiver request regarding the Seaside, 1.34 acre residential development has come before the City Commission on May 17, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Seaside. All of the evidence is a part of the record in this case. L Waiver: Pursuant to LDR Section 2.4.7{B}(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4, unless the Ci Commission declares at the time of a royal of an associated develo ment a ication that it is necessary and___appr , ,,,,,,.,. ~_.. opriate to create such nonconformity. Pursuant to Section 4.3.4(D), lot depth is "The distance measured from the midpoint of the front lot line to the midpoint of the opposite rear line of the lof. Ofher than of this point, the depth of a lot may be Less than the minimum set forth in the matrix." By this definition, the current lots have a depth of 314 feet and front on Lowry Street. With the replat, all four of the proposed lots in this subdivision will front on Sea Lane. The proposed plat meets all the LDR requirements except for Lot 2, which at only 85.58 feet deep, will be deficient with respect to lot depth. Pursuant to LDR Section 4.3.1(D), the applicant has requested a waiver to LDR Section 4.3.4(K) (Development Standards Matrix) to allow a reduction in the lot depth dimension below the minimum requirement far the newly created Lot 2. The 85.58' proposed depth for Lot 2 is deficient by 14.42' (minimum requirement 100') as noted in the following table: City Commission Meeting on May 17, 2011; Item 9.A. (Square Lot Width Lot Frontage " Lot Size Feet) Interior/Corne Lot Depth lnterr or/Corne r r Minimum Required 9, 500 75/95 100 75/95 ' {cu! de-sac} 45 Existing Lofs 29, 057 92.50 314.93 92.50 29,218 93.0 394.97 83.0 Proposed Lof 1 12, 859 95.00 ~ 35.50 95.77 Proposed Lof 2 10, 493 ? 15.00 8558 105.92 Proposed Lot 3 11, 811 127.00 162.00 48.32 Proposed Lof 4 9, 5fi6 85.74 112.50 70.70 The applicant has submitted the following justification statement: "A!I proposed lots meet all the requirements within the R-1-AA wifh the exception of proposed Lot 2 and the required minimal lot depth of 100 =0". We are requesting relief from this requiremenf because proposed Lot 2 directly abuts a cul-de-sac and actually has an average lot depth of over the required minimum !at depth of a 900'-0". The proposed lot depth ranges from a minimum of 85'-7" fo 135' 6'; with the average lot depth of 104'-0" !n addifion, the developer is proposing a 100'-0" radius and is not seeking the minimal 90'-0" radius far fhe cul-de-sac dimension which has been allowed in similar developments in the past. For the above reasons, we feel that fhe reduced lot depth is appropriate and justified with regards to fhe Land Development Regulations Section 4.3.1(D). " Shoutd the waiver to Section 4.3.4[K) to reduce the lot depth for lot 2 be granted? Yes / No 3. The City Commission has applied the Comprehensive Plan and l_DR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 2 City Commission Meeting on May 17, 2011; Item 9.A. 5. Based on the entire record before it, the City Commission approves / denies the waiver request and hereby adopts this Orde . t i th da of May, 2011, by a vote of 5 in favor and 0 o pose ATTEST: Nelson S. McDuffie, ~. Chevelle Nubin, City Clerk 3 City Commission Meeting on May 17, 2011; Item 9.A. WHEREAS, Virgil C. Norris, is a prominent member in the healthcare field for over forty years; and WHEREAS, Dr. Norris, a native Floridian, was born on March 2, 1929 in Tallahassee to Lillie Smith Norris Ricks, PhD., and William Edgar Norris. He is married to Barbara P. Norris and through this union they have six children: Virgil Norris, Lillie Norris Shockley, Barbara P. Taylor, William E. Norris, M.D., Thomas Norris and Frank Pinkston; and WHEREAS, he graduated with a Bachelor of Science Degree from Hampton University in Hampton, Virginia in 1950; and WHEREAS, Dr. Norris, ever the dutiful citizen, served in the military during the Korean War from 1951-1953. Following his stint in the military, he taught high school in Gadsen County, Florida for several years; although, he was an excellent educator he decided to pursue medicine; and WHEREAS, he graduated with his medical degree in 1959 from Meharry Medical College, in Nashville, Tennessee, one of the largest independent historically black medical colleges in the nation. Dr. Norris returned to Florida after doing his residency at Ohio State University Hospital, he opened a private practice in Delray Beach in 1969; and WHEREAS, he was certified by the American Board of Surgery in 1975 and became a fellow in the American College of Surgeons in 1977; and WHEREAS, Dr. Norris was one of the first black surgeons in Palm Beach County. He served on the staff at Bethesda Memorial Hospital in Boynton Beach, Florida and Delray Community Hospital in Delray Beach, Florida. He is an established member with the Palm Beach County Medical Association, The Florida Medical Association, The American College of Surgeons, and the T. Leroy Jefferson Medical Association; and WHEREAS, he is very active in his community as a longtime member of the Masonic Lodge, Naciremas Club, Omega Psi Phi Fraternity, NAACP, ACLU and St. John Missionary Baptist Church; and WHEREAS, Dr. Norris has been recognized for his contributions to the community by the Rainbow Fellowship Club, St. Paul AME Church and Omega Psi Phi Fraternity. He was also the recipient of the First Annual Black Award for Medicine and Healthcare in 1989. He has provided financial support to his alma maters, Meharry College and Hampton University to help educate minority students who wish to pursue the field of medicine and achieve their career goals; and WHEREAS, he sponsored and participated in health forums that addressed the prevention and treatment of diseases which affect so many women and minorities. Dr. Norris has dedicated a lifetime to the healthcare profession and countless hours and financial support for the betterment of the community. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the citizens of Delray Beach, do hereby extend our heartfelt thanks and appreciation to: 9 `l~, . ~ I `l~, C~, I ~ G' . 1~ 0 1~, `l~, I S and call upon all present to acknowledge and applaud his longtime outstanding and exemplary dedication, multitudinous contributions and accomplishments to the City of Delray Beach, its residents and his community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 11th day of June, 2011. MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Manager Bruce Koeser, Human Resources Director THROUGH: David T. Harden, City Manager DATE: May 24, 2011 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 RESOLUTION N0.22-11 MARGARET .TOHNSON-GRAHAM ITEM BEFORE COMMISSION Resolution No. 22-ll honoring Margaret Johnson-Graham for her 30 years of service to the City. BACKGROUND In accordance with the City's service award policy, employees with 30 years of continuous full-time service are to be honored by the City Commission with a resolution and plaque. Margaret Johnson- Graham, Equipment Operator, will have achieved this milestone on June 4, 2011. RESOLUTION NO. 22-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING MARGARET JOHNSON- GRAHAM FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Margaret Johnson-Graham was hired by the City of Delray Beach as a Maintenance Trainee in the Public Works Department on June 4, 1981 and on June 4, 2011 reached a milestone in her career, having achieved thirty years of full-time service with the City; and WHEREAS, during the past thirty years Margaret has served this community with honor and distinction as Laborer I and Equipment Operator in the Parks Maintenance Division of the Parks and Recreation Department; and WHEREAS, Margaret has worked through the years to help make our City a great place to live through her extraordinary care of the City parks entrusted to her, especially the baseball and football fields; and WHEREAS, Margaret has developed a reputation for being a great team worker and has played a valuable role in many special events in the City; and WHEREAS, she was named 2007 Parks Maintenance Employee of the Year and her performance consistently exceeds expectations and her dedication to the City sets an example for us all to follow; and WHEREAS, the City of Delray Beach and the Delray Beach Parks and Recreation Department are honored to have had Margaret Johnson-Graham as a valued member of the municipal team over the past 30 years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Margaret Johnson-Graham for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Margaret Johnson-Graham for her many years of excellent service, and wishes her the best of health and happiness in her continued employment with the City. PASSED AND ADOPTED in regular session on this the 7th day of June 2011. MAYOR ATTEST: CITY CLERK Res No. 22-11 PRESENTED TO Margaret Johnson-Graham As a token of our esteem and gratitude for your 30 years of outstanding contributions and distinguished service to The City of Delray Beach Parks and Recreation Department June 4, 2011 3 Res No. 22-11 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 31, 2011 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 RATIFICATION OF SCRWTDB ACTIONS ITEM BEFORE COMMISSION This is before the City Commission to ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Meeting of May 5, 2011. BACKGROUND By a vote of 6 to 0, the SCRWTD Board approved the following: 1. Authorization to decrease our Reclaim User Rate for Hunters Run, Country Club of Florida, Quali Ridge, Delray Dunes and Pine Tree for Fiscal Year 2010/2011 to .2000/1,000 gallons. RECOMMENDATION Recommend ratification of the actions approved by the SCRWTD Board on May 5, 2011. R TIFICATION OF SO~lTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AC1"ION OF MAY 5, 2011 WHEREAS, the South Gentral Regional Wastewater Treatment and Disposal Board did on May 5, 2011, by a vote of 6-0, Authorization fo decrease our Reclaim User Rate for Hunters Run, Caunfry Club of Florida, Quail Ridge, Delray Dunes and Fine Tree for Fiscal Year 2010/2011 fo .2000/1,000 gallons. WHEREAS, said Board action requires ratification by the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , by a vote. CITY OF DELRAY BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:hlocslBaARD MEETINGSIRATIHCATI©NSI2010-20111Delray8eachRatif 05-05-2011.doc r ?_ W C d W C7 t ,-- 0 N 0 0 N ~ .. ~ -a (0 U = .~-. ~ T t 0 4 t-- N M 'CP `S ` C _ ~ C7 M M M ~ Cj 41 4(7 4ry 47 U7 O U ~ U a r-~ ~n co ca ~ r^, ~i~ ca ~ o L LC) 'cY (A ~ ~ I ~ c n~ O O Oi CO ~~ Iii Q7 d f`•- O O c) o~ h o N C? u7 O O M ~ rA M e3 cd N N d 'b' O C4 ~ 0~ ~ gy e- ~ O ~ 0 6 7 ( p d ~ O N i7' O N ~ N f`- ~ O ~ h ~ ~ ~ ~ O O O O ~} ~ Q ~ O 4 C7 ~I' O V N b' 'V ct ~- *7 r N Cp N d ~ rl' O ~ ~ d ~ N ~ r1' N C9 CO r- O O O C V N N' d p ~ ~ _ A Y Y O CO 67 N O ~ ~ r~ o 0 n ~ ~ N ~ ~ U O y ` ~ O O O O N d ~ ~ !!! ,-J G2 ~ ~ ~ Q ~ lTi O CT7 D7 ' N X17 r ~ O 1 O 07 f57 f~- N h ~ N h0 -. h. f^- ~ N N ~ 0 ~ oCf O o~ a7 m d ~ l"° .~""" ~""" ~ ~ _ ~ Q) O o (~ S' ~ a ~ ~ a ~ ~ a q> co c a cn } ~ ~ fU cll V) in l L 0 ~[ O O 41 ~ 4'S O ICY ~ V 'C}' ~ OL--~ ~ O M O C'") Cr7, f"7 I(y OJ O ~ Q CM'J O CJ ~ (D UJ d (~ CS7 CL O N O ~ ~ ,p.. ~{~, cy- N '~ ~ O O ~ O O __ ~ ~ ~ N N O ~- Q) ~ ~i 0 0 O Q O ~ C7 (`7 N ~ Q7 N ~ O ~ ~ ~ _ ~ ~ ~ ~ rCS O 4 - Q7 O N ~ Q~ S} O cu ~ = ~ c ~ ru ~ w ~& ~ u7 is ~'- u- w ~. Q) O ~ ~ CQ tll ' U> (~ d Q> ~ ~ N ~ 7 u> ~ ~ 4~ '~ L _ > ~, N U c 7 Q) U C ~ ~ ~ N ~ ~ U U ~ ~ 9 C6 t,,, ,~ (~ f]} L ~ E O ,~"~,"" ~ Q 41 C2. ~ ~ t... ~ ~ N rti U ~ ~ to ~ O ~ W ~ _, ~-, ~ tJ I- ~ Q ~ ~ n~ a U CL ~ =C T ~_ x w ~w C5 r N xis '~~;~a ~ ~„,~~ ~ ~. O (G ~ 4 L ._..I TJ , i~ '~ ,~ O ~ C CL ~, (6 O Q ~"~ o] i `41 °Mb ti a~ ca a cv m N u tU CG Z (!} `_G ~/ C7 W U Z d Z MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: May 26, 2011 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 RESOLUTION NO. 16-11 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/114 N.E. 1ST AVENUE) ITEM BEFORE COMMISSION The item before the City Commission is approval of the tax exemption request for improvements to the property located at 114 NE 1StAvenue, Old School Square Historic District. BACKGROUND The subject property originally consisted of asingle-story, 768 square foot, Vernacular style, single- family residence constructed in 1941 and designated a contributing structure within the Old School Square Historic District. In 2005, two (2) structures threatened with demolition were relocated onto the subject property from 350 and 362 NE 5th Avenue. The relocated one-story structures were constructed in 1921 and 1922. The aforementioned relocation of the structures was associated with a Class V Site Plan (2005-140) application approved at the HPB meeting of June 15, 2005. The application included the relocations, a change of use from single-family residential to office for all three structures, associated site improvements including parking and landscaping, and the relocation of the original structure to the southwest corner of the site. The relocations were accommodated on site via approval of variances to the side setbacks which were reduced from seven feet, six inches (T6") to four feet (4'). A COA (2008-156) was approved by the HPB at its meeting of June 4, 2008, for additional improvements, which included an addition between the two relocated structures on the north side of the property, alterations to the front entry overhang of the original structure, and additional building alterations and site improvements such as fencing, hardscaping, and landscaping. ANALYSIS The improvements, both interior and exterior, are complete, and a Certificate of Occupancy (CO) was issued on July 22, 2010. The applicant is now applying for tax exemption status for those improvements. The HPB considered the tax exemption request at their March 2, 2011 meeting and recommended approval of the Ad Valorem Tax Exemption Application Parts 1 and 2. The tax exemption will apply only to the difference in assessed value after the eligible property improvements. The applicant is now before the City Commission for final approval of Part 2 of the exemption request. If approved, the request will be forwarded to the Palm Beach County Property Appraiser's Office and the Palm Beach County Planning and Zoning Department for recording and final appraisal of the improvements. Additional background and an analysis of the request are provided in the attached HPB Memorandum Staff Report. The request contains qualifying improvements under LDR Section 4.51(M)(5)(a)(i)-(iv) and complies with the City's Land Development Regulations, the Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Pursuant to LDR Section 4.51(M)(10), the "Final Application/Request for Review of Completed Work" was submitted within eighteen (18) months of the CO. The City's Community Improvement Department has verified that the work has been completed, passed the final inspection, and the Certificate of Occupancy was issued on July 22, 2010. As mandated by LDR Section 4.51(M)(10), the Historic Preservation Board reviewed the Final Application at its meeting of March 2, 2011, and determined that the completed improvements were in compliance with the previously approved request. Pursuant to LDR Section 4.51(M)(12), upon approval of a Final Application/Request for Review of Completed Work by the Historic Preservation Board, the Final Application shall be placed on the agenda of the City Commission for approval by resolution. The expenditures associated with the qualifying improvements total approximately $400,000. The tax exemption will be limited to the increase in assessed value (as determined by the Palm Beach County Property Appraiser) and result in abatement of the City and County portions of taxes for a period of ten years from the date of approval. RECOMMENDATION Approve the tax exemption request, "Part 2/Final Application Request for Review of Completed Work" for site improvements to the property located at 114 NE 1St Avenue, Oid School Square Historic District,based upon positive findings with respect to LDR Sections 4.51(M)(5)(a)(iii) and (M)(5)(b) and the Delray Beach Historic Preservation Design Guidelines. RESOLUTION NO. 16-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO ROGER COPE, TRUSTEE, FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 114 NE 1sT AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(M)(5); PROVIDING AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the "City"), is designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and significant elements of the City's historical, cultural, social, economic, political, archaeological, and architectural identity; and/or serve as visible reminders of the City's culture and heritage; and WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic properties for improvements to such properties which are the result of the restoration, renovation, or rehabilitation of the historic properties; and WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing for an ad valorem tax exemption for the restoration, renovation, and/or improvement of historic properties (Ordinance No. 50-96); and WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase interest in restoring, renovating, and improving the City's historic structures; and WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final Application/Request for Review of Completed Work, the Historic Preservation Planner shall present such Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall recommend that the Historic Preservation Board grant or deny the exemption; and WHEREAS, the property owners filed a Preconstruction Application and Completed Work Application for review by the Historic Preservation Board on March 2, 2011, of an ad valorem tax exemption for the historic restoration, renovation, and improvement of the property located at 114 NE 1st Avenue, and the Historic Preservation Board determined that the completed improvements were consistent with LDR Section 4.5.1(M)(5) and recommended approval to grant an ad valorem City tax exemption to Roger Cope, Trustee, for the restoration, renovation, and improvement to the property located at 114 NE 1st Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission hereby determines that the completed improvements to the property located at 114 NE 1st Avenue, as described in the application for ad valorem tax exemption filed with the City, were consistent with LDR Section 4.51(M)(5). Section 2. The City Commission hereby approves an ad valorem tax exemption to the property owner, Roger Cope, Trustee, for a ten year period, commencing on 1/1/12, from that portion of ad valorem taxes levied on the increase in assessed value, between the years 1/1/12 - 12/31/21, resulting from the renovation, restoration, and rehabilitation of the property located at 114 NE 1st Avenue, which property is legally described as follows and which improvements are described in HPB Certificate of Appropriateness No. 2005-140 and 2008-156: Lot 14, Less the West Two Feet of Alley Right of Way, Block 67, Town of Delray, Delray Beach, Florida Section 3. Prior to the ad valorem tax exemption described herein being effective, Roger Cope, Trustee, shall execute and record a restrictive covenant in a form established by the State of Florida, Department of State, Division of Historical Resources, requiring the qualifying improvements be maintained during the period that the tax exemption is granted. A copy of the recorded covenant shall be provided to the City's Historical Preservation Planner. Section 4. This resolution shall take effect in accordance with law. PASSED AND ADOPTED in regular session on the day of , 201_ ATTEST: City Clerk MAYOR 2 Res No. 16-11 FIISTORIC PRESERVATION BOARD II~EMORAN®UM STAFF REPORT ApplicantlProperty Owner: Roger Cope Property Address. 11~L NE 1St Avenue, Old Schaal Square Historic District HPB Meeting Date:. March 2, 2011 File No.: 2011-071 ITEM BEFORE THE BOARD The action requested of the Board is to approve the final Tax Exemption application related to improvements on a contributing property located at 114 NE 1St Avenue, Old 5choal Square Historic District, pursuant to Land Development Regulations (LDR) Section 4.5.1(M}. BACKGROUNDIPROJECT DESCRIPTION The subject property, located on the west side on NE 15t Avenue approximately 150 feet north of NE 15t Street, is zoned Old School Square Historic Arts District (OSSHAD). The property originally consisted of asingle-story, 768 square foot, Vernacular style, single-family residence constructed in 1941 which is considered a contributing structure within the Old School Square Historic District. In 2005, two (2) structures threatened with demolition were relocated onto the subject property from 350 and 362 NE 5~" Avenue. The relocated one-story structures were each constructed in 1921 and 1922. The aforementioned relocation of the structures was associated with a Class V Site Plan (2005- 140} application approved at the HPB meeting of June 15, 2005. The application included the aforementioned structure relocations, a change of use from single-family residential to office for all three struc#ures, associated site improvements including parking and landscaping, and the relocation of the original structure to the southwest corner of the si#e. The relocations were accommodated on site via approval of variances to the side setbacks which were reduced from seven feet, six inches {7'6") to four feet (4'). A COA (2008-156) was approved by the HPB at its meeting of June 4, 2008, far additional improvements, as follows: • Addition between two relocated structures at north of property; • Removal of shed roof front entry feature over the original structure and replacement of a front, gable-end, entry cover to the original structure; • Construction of new, concrete entry stoops -two (2) an each uni#; • Installation of a new, three foot (3'} tall wood, picket fence painted white along the front property Gne; and, • Reroof of the structures with 3-tab architectural style (dimensional) asphalt shingles. The applicant is now before the Board to request review of the Tax Exemption Application for the improvements stated above. In addition to the components associated with the approved improvements, all interior improvements are also eligible for the exemption. Landscaping associated with this project is not permitted as a legitimate expenditure as it is not interpreted as a "site improvement," pursuant to the Florida Administrative Cade 1A-3$. 114 NE 1'`Avenue; Final Tax Exemption Application 2011-071 HPt3 Meeting March 2, 2011; Page 2 of fi Based on State regulations, an Ad Valorem Tax Exemption can be approved for a project before, during, or after it has been undertaken. The applicant therefore requests consideration of the final ad valorem tax exemption as the project is complete. AD VALOREM TAX EXEMPTION Pursuant to LDR Section ~4.5.1(M)(1}, Tax Exemption for Historic Properties, the City Commission hereby creates a tax exemption for the restorafion, renovation or rehabilitation of qualifying historic properties designated. Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on 100% of the increase in assessed value resulting from any renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of this ordinance. LDR Section 4.5.1(M)(2), clarifies that the exemption does not apply to the following: {a) Taxes levied for payment of bands; (b) Taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article 7 of the Florida Constitution; or (c) Personal property. LDR Section 4.5,1(M)(3), explains the duration of the exemption: {a) The exemption period shall be far fen (10) years, beginning January 9st following the year in which final approval is given by the City Commission and the Palm Beach County Property Appraiser has been instructed to provide such exemption. However, the City Commission shall have the discretion to set a lesser term. {b) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of the City fo grant such exemption ar change in ownership of the property. To retain an exemption, the historic character of the property and the improvements which qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was granted. LDR Section 4.5.1(M](5)[a-b], provides the parameters for qualifying properties and improvements. The subject property qualifies as it is considered contributing within the Del-Ida Park Historic District. The following, (5)(b}, identifies qualifying improvements: {b) For an improvement to a historic property to qualify the property for an exemption, the improvement must: (i) be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended; (ii) be determined an improvement by the Historic Preservation Board as established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A- 38, as amended which defines a real property improvement as changes in the condition of real property brought about by the expenditure of labor and money for the restoration, renovation, or rehabilitation of such property. improvements shall include, but are not Limited to: modifications, repairs, or additions to the principal contributing building and its associated accessory structures {i. e. a garage, cabana, guest cottage, storage/utility structures, swimming pools), whether existing or new, as long as the new construcfian is compatible with the historic character of the building and site in terms of size, scale, massing, design, and materials, and preserves the historic relationship between a building or buildings, landscape features, and open space. The exemption does not apply to improvements made to non-contributing principal buildings ar fheirnon-contributing accessory structures. 114 NE 1s' Avenue; Final Tax Exemption Application 2011-071 HPB Meeting March 2, 2011; Page 3 of 6 (iii) be consistenf with Section 4.5. ~(E), "Development Standards'; of the City's Land Development Regulations; and (iv) include, as part of the overall project, visible improvements to the exterior of the structure. STAFF COMMENT: The project meets criteria (i) and (ii} through previous approval by the Board of the associated improvements outlined above which constituted its compliance with the Secretary of the Interior's Standards for Rehabilitation, as weq as the rules of Florida Administrative Code 1A- 38, promulgated by the Florida Department of State, Division of Historical Resources. The development project meets criterion (iii} per the COA approval which appAed the k_DR Development Standards in the assessment of the proposal. Finally, the project meets criterion {iv) as the project encompasses visible improvements to the exterior of the building and related property. LDR Section 4.5.1(M](7}, Application for Exemption, provides that Part 1, Construction Application, maybe submitted before, during, or after qualifying improvements are initiated, and Part 2, the Final Application/Requesf for Review of Completed Wark, shall be submitted upon completion of the qualifying improvements. STAFF COMMENT: The qualifying improvements were completed prior to submittal of Park 2 as the Certificate of Occu anc was issued on Jul 22, 2010. LDR Section 4.5.1(M)(8){a), Part 1, Construction Applicatinn, requires that the submitted application contain information concerning the estimated cost of the qualifying improvement and be accompanied by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the property. STAFF' COMMENT: The submittal of the estimated cost of the qualifying improvements is $400,000. The historic exemption value resulting from the improvements will be determined by the Property Appraiser's office. LDR Section 4.5.1(M)(9), Review of Construcfion Application by the Historic Preservation Board, requires that fhe Hisforic Preservation Board review the Construction Application within GO days of the Historic Preservation Planner's determination of eligibility, and,• that if Part 1 of the Construcfion Application is submitted after the project has been completed, the application must be submitted within 18 months from fhe date of issuance of a CO. Further, if the HPB determines fhat fhe work as proposed is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.9(E), the Construction Application and, if applicable, the COA shall be approved by fhe HPB. However, if the HPB determines that fhe work as proposed is not a qualifying improvemenf or is not in compliance with fhe review standards contained in Section 4.5,1(E), corrective measures shall be prescribed by fhe Board. STAFF COMMENT: As previously noted, the property received a Certificate of Occupancy on July 22, 2010 which was within eighteen (18) months of the application submittal date. Therefore, the project is eligible far review and, if the Board deems the request to be in compliance, it is recommended that the a plication be approved. 114 NE 15` Avenue; Final Tax Exemption Application 2D11-071 HPB Meeting March 2, 2011; Page 4 of S LDR Section 4.5.1{M){10)(a-c), Part 2, Final Application/Requesf for Review of Completed Work, provides criteria for review of the final application: (a) if fhe Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.1(E), the Board shall approve the Final Application/Request for Review of Completed Work and the Historic Preservation Planner shall issue a wriften order to fhe appfrcant. (b) The Final Application/Requesf for Review of Completed Work shall be accompanied by documentation of the total expenditures of the qualifying improvements. Appropriate documenfafion may include, but is not limited to, paid contractor's bills, A!A Forms 702- 704, canceled checks, copies of invoices, and an approved building permit application listing the cost of work to be performed. Upon fhe receipt of a Final Appfrcation/Requesf for Review of Completed Work and all required supporting documentations, the Historic Preservation Board shall conduct a review at a regularly scheduled public meeting to determine whether or not fhe completed improvements are in compliance with the work described in fhe Construction Application, approved amendments, if any, and Section 4.5.1(E). After fhe above mentioned review, the Historic Preservation Board shall recommend that the Cify Commission grant or deny the exemption. (c) If fhe Historic Preservation Board determines that the work as completed is either not a qualifying improvement or is not in compliance with the review standards contained in Section 4.5.1(E), the applicant shall be advised that the Final Application has been denied. The Historic Preservation Planner shall provide a wriffen summary of the reasons for the determination to the applicant. STAFF COMMENT: The "Final Application/Request for Review of Completed Work," Part 2, has been submitted as the work is complete. The City's Community Improvement Department has confirmed that a Certificate of Occupancy (CO) was issued for the property an July 22, 2010. LDR Section 4.5.1(M)(12), Approval by the City Commission, notes That the approved Final Application/Request for Review of Completed Work by the Historic Preservation Board shall be placed by resolution on fhe agenda of the City Commission far approval. The resolution of the City Commission approving fhe Final Application steal! provide the name of the owner of the property, the property address and legal description, a recorded restrictive covenant as provided in Section 4.5.1(M)(93) in fhe official records of Palm Beach County as a condition of receiving the exemption, and the effective dates of the exemption, including the expiration date. STAFF COMMENT: Should the HPB make a recommendation to approve the subject request, the item will be placed on the March 15, 2011 City Commission agenda for approval and subsequently forwarded to the Palm Beach County Property Appraiser's Office and the Planning and Zoning Department for recordation. LDR Section 4.5.1{M)(13), Historic Preservation Exemption Covenant, explains fhe covenant required in order fo qualify for the exemption: (a) To qualify for an exemption, the applicant must sign and return fhe Historic Preservation Exemption Covenant with the Final Application/Request for Review of Completed Work. The covenant as established by the Department of State, Division of Historical Resources, shall be in a form approved by the Cify of Delray Beach City Attorney's Office and applicable for the term for which fhe exemption is granted and shall require the character of fhe property and qualifying improvemenfs fo be maintained during the period that the exemption is granted. 11A CIE 15' Avenue; Einal Tax Exemption Agpficaiian 2011-071 HPB Meeting March 2, 2fl11; Page 5 of 6 (b) On or before the effective date of the exemption, the owner of the property shall have the covenant recorded in fhe official records of Palm Beach County, Florida, and shall cause a certified copy of the recorded covenant to be delivered to the City's Historic Preservation Planner. Such covenant steal! be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of fhe covenant shall result in fhe property owner being subject to the payment of the differences between fhe total amount of the taxes which would have been due in March of each of the previous years in which the covenant or agreement was in effect had fhe property not received the exemption and the total amount of taxes actuaNy paid in those years, plus inferesf on the difference calculated as provided in Sec. 292.12(3), Florida Sfafufes. LDR Section 4.5.1{M){16)(a-d}, Revocation Proceedings, provides guidelines to revocation of the tax exemption upon violation of the recorded covenant. (a) The Historic Preservation Board may initiate proceedings fo revoke the ad valorem fax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to fhe Perms, conditions and standards of the Historic Preservation Exemption Covenant. (b) 7"he Historic Preservation Planner shall provide notice to the current owner of record of the property and the Historic Preservation Board shall hold a revocation hearing in fhe same manner as in Section 4.5.9(M)(10), and make a recommendation fo the City Commission. (c) The City Commission shall review the recommendation of the Historic Preservation Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph 8 of the covenant shall be provided fo the owner, the Palm Beach County Property Appraiser, and filed in the official records of Palm Beach County. (d) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1st of the year following receipt of the notice of revocation. The Sections noted above regarding the "Restrictive Covenant" and "Revocation Proceedings" are provided to demonstrate that the tax exemption is binding, and if violated, the property owner would have to comply with the consequences. ANALYSIS The tax exemption request complies with the criteria contained in LDR Section ~4.5.1(M) as the Board approved the associated improvements by making positive findings with respect to the applicable LDR Sections, Delray Beach Historic Preservation Design Guidelines, and Secretary of the Interior's Standards for Rehabilitation. Therefore, positive findings can be made with respect to LDR Section 4.5.1 {M). ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption Application (2011-071) for improvements to the property at 114 NE 1St Arrenue, Old School Square Historic District, based upon positive findings with respect to LDR Section 4.5.1(M). 114 NE 15' Avenue; Final Tax Exemp#ion Application 2011-071 NPB ~Uleeking March 2, 2011; Page 6 of 6 C. Recommend denial to the City Commission of the complete Ad Valorem Tax Exemption Application (2011-071) for improvements to the property at 114 NE 1st Avenue, Ofd School Square 1-listoric District, based upon a failure to make positive findings with respect to LDR Section 4.5.1(M). (Motion to be phrased in the affirmative. See above.) RECOMMENDATION Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption Application (2011-071) for improvements to the property at 714 NE 1st Avenue, Old School Square Flistoric District, based upon positive findings with respect to LDR Section 4.5.1(M}. Report Prepared by: Amy E. Alvarez, Hrsforic Preservation Planner ~ ~ ~N Tr i Far F-iistc~ric 'reservatian Planner less CDruly. TV~ae fl•-Vi~ta~ric ~r~~r~ratinn I~Vann~r has revi~~c~ the V-I'itQric ~'r~rv~tic~n F~r~~rty Tex V~xerrrptian ~p,~VVcatian tar the subject praperty and hereby: ( `i C~ertflfie that the above re,feranaacl karaerty ualifies ~ a histaric ~araa~rky cansistent with the'""~avisiar7s of s. 1 ~. ~ g~7 ('11 }, V~.. { j ertVties tV~rat the abave referenced praperty die net utility a a hr~taric ~~a~erty cansistent with the pravtlsians at ~~. 'Vg.~gg'7 X11}, ~,. ertities that, the abave refer°enced ra art ual~t~~~ tar the s~ecil._exer~n~tic~rr ravided ~ ~ ~ ~ ~' under s._'V9.19g~, f=.., tar ter°apartics aac~r~ia V~~ nan-~ratrit are~aniz~tiarrs ar gc~vrwrnrnar°rt agencies and regularly a{~en to the public. ( j ertities that the abave referenced tara~rer°ty dates net qualify tar the sl exern~tian ravflded under s.196,1'g~„ ~.. The ~Iistaric F~reservatic~n VVarrner has reviewed tl~e I-~listc~ric Preservatian F'ra~rerty ~"ax xerrr~tian APplicatian fc~r the suV~ject ~ra~erty and V~ereby: ~, V~eterrnin~s that irn~raverrrents to the abave referenced praperfy are cansflstent with the ecru of Vnteriar's standards far F~ehabiflitatian and +:~uideflines tar V~ehabiVi~at~ng V-Vistaric l3uiVdinei„ and the criteria set fartV'~ in ~:hapter ~~m~t~, F,,~. ( ) L~eterrnines that Vrnp~raverrrents to the abave referenced praperty are net cansistent with the ecretary a~ Vnteriar"s standards tar° {ehabilitatian and C.~uideVines far V=~ehabiiitatin fl-i'ustaric BuVldin~~, and the criteria set earth in chapter 1 ~»~8, ~.~. ,~tll v~nr{~ net cansistent with the referenced tandardls, guidelines and criteria are identified irr tyre f~eview ~ar~rrraants. ,~ecarr-rrrr'rend;~tw`aras to assr~t the a~aplrr;ant rh r"inirag the ,crapa~e~ ~rar~c rata carrrctrance Etta the r-eferencea~ ,~t~radards, r~r~(elJ~e~ acrd criteria a~~e pr-avic~ea" irr the ~`evier"w 'e~rrrr~rerrts, The V-Vista~ric f~reservatian Planner has reviewed tV°re HVstaric fl~'re~ervaatian i~raperty Tax 'ivxernptiran A,pplVcatian far the subject praperty and' hereby: I' hereby attest that the Ynformaton I I~rave provided is, to tY~re best of my Y<rrar~rlad~e, carract, ar~~ that I av~rn the property described alcove ar that I arri legally the authority ire cl~rarge of the property. FrrrrtY~er, by submission of thus Application, I agree to aYlaw access to tl7e pr~aperty lay the I°•#istaric Preervatiari PYar7ner of the City of Delray Beach, Plarrr~ir~ and Zarrorwe~ Department,„ and appraprYate representatives of the local government from wl~icl~r tl-re exemptiion i t.~cing requested, for the pr.~rpose of verification of linfa~rrxratian provided in this Applicatiar~. I also understand that, if the requested exr rrrpi i rn is granted, I will be required to enter into a C~owenant rwith the local gover~r~ment gr ~~~~~~, ,~ th,~ q. ~ ~~~;~~~~-,n ir~x ~~~~~~hich I must agree t~a maintain the character of tl°re property and th;, qi ~ ! R,,I~rr? ire ~ ~ ~ ~ r ;~°~~ tt~re terms of the exemption. ~ _ ,. f p _ ~ ~ ~_ ~~~ si~~at~r~ ~ --~' L~~I;~ ~~ ~ Complete tl~e following if signing for an organization ur°;ctuilii_~I~, u~a~~`rers: TwtA'e [}rganiza~ti~orr name herelay apply far the histarYc lareservation prapei~ty tax exemption far the restoration, rehabilitation ar renavatiorr work as approved by tyre F~listoric I~reservation Board. I attest that the information provided is, to the best. of my Icnawledge„ correct, and tl~rat in my opinion the completed project conforms to The ecretary of tyre Interior's standards far Rel~abYl'itatian ornd, Guidelines far Rehab'ilitatincr I-listorirs Buildings, and is consistent vrrith the work approved by the 1-listoric Preservation. Board. I also attest that I am the owner of tyre property described above or, If the property is not awned y an individual, that I am ttre duly author'r~zed representative of the owner. Further, by submission of this ~,ppli'catian, I agree to allow access to the property by I~istoric Preservation Planner of the City of Delray Beach, Planning and Zoning Department, where such office exists, and appropriate r~epreserrtatives ot~ the local governrrrent from which the exemption 'is beings requiested, for tyre purpose of verification of information provided in the Application and this Request. l understand that, if tyre requested exemption. is granted, I will be required to enter iota Covenant with the local government granting the exemption in which I must, agree to maintain tEr~e character of tyre property and the qualifying Ymproverner~rts far the term of the exemption. I also understa d that falsificatYcn pf factual representations in this Application ar Request is subject to crimir~,r, ~9 s~rctions ~~~rr;" ~. ~ ~r to i ~~~~ , L ~ ;r~~ of Florida. ~;:;; ~ ~~ ~ ~ ° ~° ~~~ ~ ~r r a~ , -- _ - - ttJre ~ Doke ~ o- rvarrae _ si n~a ~~ ~ Complete the follawYng if signing far an ar' aniz~ation o~r midi; ~~, .~ ~~ ~~ ~„ "7"tie organization na~~e C~t~S Fai°n~ L*la. tifi,3~tOt292 ~a i~~,l F791Ct~antj -,. ~,, J „~ ~~i I •'I~EP;gi i ,iii r~,~i ,~~r~ ,i In ~ li~ dead the attached i~~ ~~~c~tiams ~ ~re:all,y 'hefare can7l~letinf tGris s,rplicatiatt. ~t"aur a[~;alacati,on cannot 'hc ev lu,, ~~~ unless it is can~t~lc:te and alb recttaired sw~lataai•ting materials are prav¢ded. In tl~e avant of aa~y dasare~anay l~etvveen the aFlicatiart F'artt~ artd athea~ s~a~lalcar~entary rr~aterial sukan~itted witlbtt ~sucli as ar•chrtectural talans, di`awvings and staeciticatians~, the ap~licatian tdt°m shall tale }arecedence. Tylae ar print cicarly in b@aclc itllc. Tf aclditianal space is needed,. atttach additional s17eeCs. ~.,~'~ ~'~'~(Tahecarnpletedkay I~.~~+w"li~;rr~ts) fl® d~r~a~r•t -r~ent-~~~a9:iar~ ~n~- -~act~>g-a~: ri P'raperty Sdentifii~ca~t&an ~urnher (fr~am ~t~a~ r~car•d~l_ Address at"p~'o~ert~.~: Strut ~_ - - _ _ u () Individually I` ,~r'nd~.a~ Regi ,i° ii ;:•~d ~ ^° (~ In a rviataanal l~egast~r distract ,. i each legczP desc~ziatinra af'pr~ca~~r~l) ,v, ~""`~ n Zi}~ Cade- -w , y u () i ~acaliy desigmrated tbisfaa~ic property ar landmarl<~` (~ in a locan1y ~d~esigttat~d disteict ~' e`'oa• ~;~1alic~ti~aaas subra2iltecl to ldre C~ivisi+ara of Histaa•icral Res~rrr^~ a.ttacl~ a co~a3, of t,~rc iraca/ desf~rr~Ciaar a°epor-t fb~ the,taa'a~rcaty craxca` floc ~~J-ca'nl c~ar.a°c:riac~n~r °ra~cc naCrft,;a,~~ lhc~rarrJ~cr-z~^ ~ ~~'~~rrer° ~r~t`c~csigaa~~z~P.iaa^r. ~ . ~ ~, „ 1`;da~me a~~histaric dastr'.~t _..__ - ~ '~ , .. ~°~ ~. ~ _ N ~"r/T. ~~3L4~i~ a~~'SiPA4GLe~;I~ 1:!'•iJrl~ ~r~ T,~~i~r~,, G hll~i.'!'tl='PGS, Gd" ,13r'fJja2]'~i~~" ~C1~;CXR2C} l~YV iC7G'Cla~.},' ~25d~7nG~c'i7 !S!.-t'7~' di~stricPs, ~aa^~aude tl'r.' fta~i`->wiras; ct~c1 ~r ~arul irafor;,,~: ~~:~„~. u I`~ame off` lac~@ laistaric p~.As~.~a-vatiar~ agenc~laf~ce ~. ~ ~H ~~ h!-ailingAddress. ll~ ,~ ~"it; ~ ~ xele~l~ane ~lumher~ i ip Lila Ca~Je - -.- _ n~. ~"~ >~xe~raptian ~rnder t9b.1997, F.S. (standard exemtataarr} () ~'xe~7~ptian aindcr 19~r.199S, F.S. (eabetn~t[an far lara}aerties acculaied by non-y~ra~t arganizatyans ar government agencies and regtAlarly a~roen to the taubic) Ii`~xpplyia~g cra~tciea~,~~. 1~~5.199~d, ~'.S.„ coraa,~lete ~Qatestian 9 oar pale fa rec. 3. ~prv~~~ir ir~~fra~¢a~a~iio~n: ~ 1^~iarne at'indvvidual ar~ organization awning the pral~:.rty Mai ~.~~ address ~~ III ~ ~ ~ Cit,; ~ to aade Tea kna'ae Tale - ~ ~ r~~-._-_ -.. ~ w w have T~ ~r' a ,~~ ,o "~ Y ~ ~ _.._ . ~ _ ~ '~ ".. I~~,taegaa°a~~P!^~u is in rraarFti~~le ~nwaa~ca~s~lae~r, ~ttrrc6t a lust raj all c ~:~~ ~~a,rlr RJaei~a• avaurlir2~ crdel~r~~~sses. ,,~' z O u N w D 4 w O }--- Q Q } O -~ 0 Z~ ~~ LL ~ ~ ~ Z ~ ~ ~ `~ ~~ ~ ~ c~ ~ ~ O ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~.-/ ? .~[ 111 C1 ~a~ OQ~O O'-~ ~~z ~~. ~ O ~~~ ~, o ~ ~ w a=~ ~ ~- o~ ~~~ Uu~O r=~~ ~~~ oz0 ~~~ fL/ U ~~~ O~~ -~ O ~=- _U Cl u_t Q w D(yS Fore P^- . tiR~~E ~ C 1 I i 4fl w " -~ro}~e~•ty A~l~~~~ess ~ ~ ~ ~ ~ II ~~ - ~ -~ a ---. ~F. r?ar~~M~~• .~,F~est~i~i~ra~. [ he~~°eb~ a~ate~t t}7~t the ii~~fi~~r.i~~a~t~ioel T }~~w~ }~o~c~vicf~cl i~, tc~ the 1~~:~t ~f my kt~~iwl~~l~e, ca.~t•t"~~;~t, a 7c1 t}rat F owr~ the ~iaoFr~~i~~y ~iesr,:c-ihed above or' that I atn ic;~~all}r the aaths~r"ity isx cl~a~-~e of tl~e i~ro~crt~r. It~°~~rth~~~~, y si~lab~~issicrN~ ol~ this ~,ts}~flicateoa~, G aft°ee to ailt~w access to tl~e }~rc~}per-ty by rcl~rese~7t~atpve:s of tl7e D'ovision caf`F3istarica} ES~o~x~-ces ~~- t}ie: I,ocrGl IFist~oruc I'rc c ~~ uo~i C)'ffice ,where srr,h office exists, ane} a}a~pa'a}~~'iat~e represcntativcs o~f f~l~7e ioca'l ~ow~erncncrat fr©~a which tl7c ~ -,-, `` ~ is~ heior~ ,.'~uc^ jy `'rat' the l~G~r~}~~se of veril'icatirs~~ o~f it~fear~7ratisyn ~rovic~ec3 ii7 this l~~priic~aticat~. i a}~' ~ t ~icl t~~a1, i~3 tl~~e t-e~+~,~~ ecl exem~~tion i~s g;r2tt7terl, T wo}1 be t-e~~grtit~~e~ ~tc, e~rot~c~i' int~~ a ~o~rcr~ant wit}7 tl~se Kcal ~~~~.~~~!71 ~ ~ ~~ ~~,~,~, the e" ~~~~ ~ i~~ ~,vhich I ~r~uast~ a~t~•ee 1:ca rrta~im~tau7 tl~7c c}7aracter ~f tie ~pt~o~pet-ty ar~el tl~~~ c}trali~~f~ia~ ini~ ~v r.c i f, %I,~ ~~ ~ ~ ~ ~~I,tic>n. _. pi m ~~ ~~~_II~ `~.ai:~,-. ~ ~ ~.i~n tore "'"a a Uai~~ I Gotrr~'le~te the foi'l~owir~~ ifsi~~i~i~g for ~zn c'r~anizati~-~n ta1~ rrn~L t I~~ ~.: ~ n:°~ ,: ~I"itlc f)r~~tt7ization ^ait~e ~"I"rr G~~ ~aai.a~l~ ..~ ~n~ , F'a~° ~~ ~a°~ie~ i~ Faistv~-ie ~r~~~~r~i~~ " m"a~iisFW,.i~ts: h ~A w ~ ~ ' ~ Po ~~~ ~y ~~, ~ ~,. a ~~~ I ~ w...~ ~~ Datu ~f Co~a~trtacic~n Date(s) of 111teration!-,) _ _ ___ F-tas bui}ciin~ heca~ artoveci`? f,~t'e5 ~ ~1~80 }f set, wlac¢~`? ~ m ~W w ~~ ~~ i _ ,~~ ~ ~ _~ a lr~ ,a ~. ,, Prrrp~rly^ I~'~r `m~r ~i~n r_il~~.r I~ra~~erty ~.r~dr~;s~, ~ ~ ~ ~ ~u _ ~ ~, "7w i~~~ra~~cu~ary~k~s ~~x r~g~~s~a Awra~}7 ~~~tU1r)~I°~~~ll~ s7nc1 in~?,41c~ ~tla~alic.~kiorj. II ~~ mm~".,~... ~m ~~..~ . w ,., 0 a, ~ ~ ~ M ~~~ ui a~~~~ ~ ~r,ri two. ~l~r 1:`101?'- I ~ fif'i ., V n III ~ ,off. ~ VIII ~ ~ CFf~S Faraa~ ~~~» 6~iR3E'1OI?'~2 o ~ ~ B '7/~I?~f(Yl~ V ~( ' ~r:~ I' 11 V I C, ~. ]U , :' Ifr I _I-~ 1 : i :' ill L,,'I I o` ` 1~ ; , 7 ~. . i.li.i~ ~ , . ~. , . ,~ , . .. ~ niil^~I 11 a ~ ~~i'_' _.~ ~grn~lete the ~71gd~1 , L~ I ~~ ,~ i i l; I I ~,~ ~ ~ r _ i l ~ ~, r,i ~~~ i ~~,;,_, 7, ~Il~~r~fiign ,.: 'I_~, . " _ _ iu ~ -- - ~ i ~~'~qt I ~ a" ~ ~ q~SS ~ ~ ~ ~ 0 u ,~ __... _.-. ° n - ~. ................. q~#ut°e ':. ~...... ~ 1r :q,~l:`r ~~..;i'r~, 2~n i~ Itll;.-~;1..[ (';l qXE-~klt~l,~' "~ ~tr.T~-~: ~~w ~i ~:_."I ~~~?'~ ~ I I I':_ ;i II :_: ,= I. I'; i;;. i it '1-C. x r ~ y ~~ .. ~lii:;' _».~__.._.~ _.~.~.._».W.M._. Feat~li'e ~' ~ m..... ___.._ _.._._»»_»m»___.... ~ ~~ i i, ;,~wrlla~~ ~~l"lsi~~cli~Iu>aclglle,x~~~ttn~tl'e~tur•~: ~?~~s,.,ri'b~c~ i ., i,, ; r.n~~.: ~ar~r~~ic~„~,:,~i~.i:~igr~: . ~ ~ °m m ~ li. m ~ v ~ Ire ti » P11Crofiq 11q. T3!"a14VilI~T, ~lq. I, ~ I i 1 U'S-. _',.~iLl ~.. ~~', if l~L~I ~G1ii ~C1.~i4. 1_~i~. ~~'i~'ili~~6~~i4~lLlll » nn C3~~ }~... 'tel. f I%I :r't~i ~~.~ _ ~ + m ~'f-.'I I~~'~_;~ I~11 ,_' ~ I ~~1-'. ~_I~ ~~: '.'.l Ills II(11'.. I U m e III ~~ m m ,. ~ .e ~~ ~~~M III ~~ ~ ,~ nl R i ~ t. ,,.. Plaghq l',~.~~. h. ~~~vair Vlq. .. ul y ~~e`4 G t•1C)S Fc7rm t'~~a. HR31?I(11 ~2 k'e~, ~ ed n~ ~(1 P~ra~aei ~ i, ~_~_ ~, ~„ N ~'~i I'rc re ~ ~ 1~i ~ ~s h III p ~, ~~ , ~~ , '' ~ _ _ _ _ ~,,..~.~, ~.,.._.~___ ..w..._ Fr i~~u ]7~;~rr-^p"'c~~u~¢~I~a~~~lin~~arrtttirfzi,t>ia~.F~~bn~~;~_....~._._..._ "~ i~~awcax. ~a. ~aM :~~atu ~ w ~ ~. _ ~ o~ ~ ~ I rt C~c~Uiilac.~ r;,~ncrf~ataar~,i, ii~:;;,~i~~l,;i.:,~, w re ~~~ w I ~, u o ~ „.~... r u .. u~ . ~~ ~ PhrJ~~~~rprr+~, ~ 1~3~';1'a+Fmn~; ~n_a. ,_... - ,, 1 i~ i.rc T)c;. ~ r";hc, vvcar~ ama~l rnp t ors ~- i iili~ ~<<ahn-~,: -_ ___ i i . T`f`Cil~r.-.(~-,i~;;in~~fea'Gfl~rr~~,rii n..:.L~ ~~~.I'.lir,r~.: ,. ~~,,, ~ ~~, ~~~ ~ III ~~~ m ~ ~ n &' ~~~ i , ~~ Phc~t~ r7~i, ~. fl~a~awia~~; no. ,,. ,~, T'e~at~a~°~e u e~~a}~r'ajx. s n~ :I Ir iii r r Lie c ~i~_~! c ~~ii~~s~ i.~,~~ur~~ ~i ~I i;s.,.:ni,~:_I~~ti~n~: L)+~ : rilae'~>~C1t.ti ar~cl iCx~~act ~c~ r .isti ~~ f~R~i>rr~w~; ~,~ ~ b b u .. u y- i ~ w,~, u u f 1~~(ra r7~s.. ~xa~vz~~~~; x~a. .. .................. i ~~ q ri ~~ u ~ ~w ~, ~„ ~~ M~~ Vie' ~ ~ L7C)5 -~"ar-nri N~..Ai~~3E1f:71?92 1 (141' 'C)f'1 Prcar rty lci~, ~ iti~. ;: ..n I J; i ~, T'rc ~rdy ~.c~c~rc:~w 9 w ~~, i ~" ~~prc~x. c3,ut~u c~i :'~~ ~iu~ ~ _ ~c,wrriha~, vrc~rl~ ~nfl t~,~~r~;~< t ~~n e~ sti~a~ f%ah.te: ., 4I r ~~,Cri~r~ ~ ~i~tin;~ f~ I~ ~~~~ .:gin, i ~ ~ : i~l~t~i~n: ,.. ~ . ~ y ~, w ~~ ~~ ~ ~~ N iH ~~~ ~e w.. Yl~c~~a tarp. T)r~~~vir7~ naa. _ ~ Fr? r ti --- Da~;ca~if]e~Kt r~~;_~te~taare~nc,ir ::ni~~l:~i:?r _., ~ i hI ~' m' ."~ ~ U~at;ril> ~ ~,,, rarlc r~ rc1 irryp~cl ~n c ~ ,~,(u~g ~f'..`rn:>: ~ II ~ ii, ~„ M ~h I'laota tao... _ 13a-a~za~ taco. <,r~ n ~,.,, _ ,~.. _._ w _. F~e~tau-e L~~'~ci1C't~.: ; ~,i ir~~ I ,I;ir,_~,.ir~i iI~ inn~~liQr~: t n> ~ ~~.~ ~ "~sn°. 1?ttctto ray. ~ III ~t•awrita~~ rte. i T)eacr lie ,,c~i"; ~ ~cl `n~~~aG ott •" i ii ~~ ''. Lire: ~~~ w ~,. ~,..,.. ~ ti STRUCTURE "A" CIRCA 1924 CRAFTSMAN STYLE WESTERN CEDAR SHAKE BUNGALOW f~~ it 1 I F II I 1 ', ~ I i . I, ~ ~ ~ ~I 4 [ I I i ~. I ~ ~,i 'i i i ~.. ~, i ~~~~,... "' 1 I .,4 ..:. i. 111 'i ~~. ~.. I ' ~ ~ ^yi ~ I l j J 1 J I I~ ~ i ~ ~ ~I ~,i.. I ii i ii Ili ~i: I ~~ I III i i.. ~Illlllllll~i~i ~ ~, 11 VIII r i k .. ~~ ii, ,. ,, .. ~. I ! i ;... . I ~.. ~~ i I r i I ~. I ~ ~ I ~ - ~ uui, illy J p, II p i 5 _ ~ f ~,. ~ ~ ~ II ~ I ~ 11 ~ % I' ~ 1 4 i I ( 9 VIII i r . ~ ~I ~ tr I l . . I I i ~, 1 ~ ~' ~~~ IIII ~ ~ # 1 f % 0 ~'I /O ~ M f ~ s a ~ l L 1 ~~ J I . r ;. l. p: I j ~, ~ ~ ~ ~ ~ I iilill I I it ~ i I i i V j, i ~ { I. I~~ ~ i ~ III nove~ Ilrygq~I Y N ~ I~ ry ~ 1 l ~ I 1N i 1 r i I ~ i i i I . I~ ~~ tli i oqui~i 1, ,a ... .. n. ~ ~ 7, iii . ., I " ,„r ... ;;r ~i ~~ m ~,~' a. ~ i i ~.~~ ~ i„' :, auuu u ~ utli ~~,.,, i ~ r,.~ i ~~ i ,. ~.. i t r i (iii ' ' i. ~~- , I ',: ~. ,~. !iii ... ,._t; ~~~~ ip ~~ L ~ . I ~~~ . T I ,,:.. ~~~~, ~: ~,,,' ,. i I .. i-,; - ~~ i ~~ ~~ ~;:I ~ '~ .. '. ~. d i~~ i 'fi ~. ~.. i ~ I ~ . ., o ,., ~, r yi ~:,,. ~l i ~, I~ II , / id ioi.;q ~. ~/ l ~.~. n ' ` ~,.m ~.,. ~~ ,. ~ d , 6 ~ if v, ' .,. ~ 0~ it il~! ~,,~~ u i iii a b i i _. d'.i r 'e ~ , _„„ A~,. ~ ^~,,, _..,. i f7~ '. I~ ~ iii ~`, ~~ ~ ~ `d ( r II ~ ~ 1 ~~~~~ -~~ ~ ~ I~ ~ ~. r,, e~,t, ~~ ~ ~~~ ~~ '; i,~ ~~ ,:: ,. ,, ~~ ,~,; ~~,, i, ~~, ~ ~~~ e ...~... ;; _ ._~ ~~ ~~ ~~ ~~~ ~ - , ~~~ .~ ,;~ ~~ ,,, ~~ ~; ~~ ~~ ~, ~~u~~~ ~, ,~ ~~~ ,., ~~ ~. ;; ~,,, ,~ ,, , ~re I I Illli VIII ~~~~ i. ~ ~,.:~~~, _ .~ ;~~ ~ ',.. II 'i i l Iii.. /.. /{~ 3 1~ ~ ~ t~ '~ ~ ~... ii,. Ills III i I. I~Ii 4r:i ( i ~j. ; " ! ~ i i I T tl L'S~~ ? . ~ k ~~~iil ~ ~ ;'~ v r. ~ ,+ ;; ~ q ru ~i~ ~~ k a L ~ ; ~ ~~ ~, ~ r .~ '~~ ~~ ~ ~ I ~ /L I ~ RAJ ~ II 1 ~'lt ~. ~ `f` ~ ~ r ~~ I~~ i 1~ ~ f f: ~ ~ i .. ,t 5 ~Vi~ ~ ~ II R ~:; ~, j I II , ,,,-. . _.. ~ i ~ t' i~l I~ l i ~ ~'. ~ ~ i~ .,. - ~~~ Illy i i~, ~~i ul" ~ ' ~~,. ~ ~ !~ ' . d ',~ Ill ? rz ~~ li 1 ' ~ 3 .. '. ~ ~ ~ ~ ~ i i„ i~ ~ i ~ ,' v, ~~ ~ ~ p ~1 ) 1.. t ~ j f '~ ~ ~ ~ ~ r ~ I fft~! ~~ ~ ~ ''» -g ~ ~d,F. II ((F~J }7111'4 ~ r#~4 j P 1 "' ~llii l i i ~i6 ~ iii ~ 1 . ~l ~ ~~ ~ ~~'~ i l r V'~l ~ ~ ~ ~ I t d f l ~ ri ~ ~ . ,,. .. r. k } , Illlu i ~~ "~ w u I ~ i~~rl r ~ ~, I I ~ 1 J~% i. 1 f Aa ~, n~' ~ C ~' I . 0 i ~ ~ ll m. ~. I ? du I 1~ l~ t~~ii '3 ~ it ll 11 ~~ ~, v; r ~ I ~~ is ~i ..>< -~ G~;6. it 1 ~r ;~~' " 1 ~ i ~. i~~l f / i ~ ;u iil ' I( ~ 11 III `/ 1 ~ /~ ' ~ I ~~ ~.1 ~,: r ..ry. i a .. uw „#i '~ ~, t K~.u ' 1;. i, •~ ~. '- '. ~ t n i~. I ~ •!. Ili / } ~ #I `ri ' ~ VIII r I j Ili II r ~ ~, ~~ ~ ~; #xs~ s -* ~~ ~ # I I ~~ ,. ~, i <`v„~ ~, ~ ~' ~ I 'tom ~~ '. ~ ~ -~ r ~ r .. ~~ '~ ~ •~ '~ i~ .. I / ~,~~ ~ i ~~ ,;,, t y ~, ,, i i ( { f ~:. . ~~ a. i 11 i IW~ ~ ~~ L lW ~°Z i / f a 1 i/ , a- a~;~ ~>s ~, .~~ .. r ,, ~,~ ,wig ii ,: ~ i~~ I ~, ~ ,: ,. ~~ ~ ~i~~~io u (I I i~ m „~ !;' z ~iy /1' ~ I IIII III~~ i, I I 1 l~ ~ ~. ..,IIII IIIIIIIIII~IIIII Ff/jJ~. // ~, { VIII I'.. VIII Iii I~ II t, J /. ~ ~, ..:%,,,. ~~~ e r.... i ~. i. ~f~ ii. ~/ ~'' I. I ~ ,% l. ~% /% j ~/ ~~ ~ //i ~l ~~ ~. IIII /%{ i I ~ '~ '~ i '~' !., ff~"i; ~.. ~. ~ I ///r. ~ Il ~~ ~', I ~ ~~~~ ,, ~~ ~,~-- r,~ I i '~i~ t ,~~~ ~ . .~ m,,, '~ I ~ _ Y 1 ~~ ~ N wvi.. ~ VV 1 rl, ~;. ~~~'ili '~,', '~~,i it ~ I ~j 1 ~. ii,. ~ Ill ,i. .. fiI r , 1. '~ ~, - ,,..: t ll~lllili e,. ),mop ~ H i ,~, ~ 'I a,~.~ „ ~ ~I - :::,. ~~„ ~ ~ ~ i, , A 5`~`a. ..r' y/u, ; ~'{ ' ~~ fj ~, .... j :~5,;: `~i ~;~. ,~,, , ~y t, ~ .. F, ~ II ~llll ~ ~ I I i / j , ~~1 J ' ~ ~ ./r / / iii, sA ~ - I n ~!~. 7 t ~ .. ~ ~ s ~ li; . , ~ r ' ~ , 1_~s ;/ i . ' // cf x . ~. ( y , / 9 III ~ ~ ~ w (/ ~ i / y ~ , 11 / j ~ t I h ~,_~ .~ h , ,.~, } } ~ ~ ~ t ` ~' f !: ~ I l ? ~ ; ,,~~r i ~ z~~5. ~~~ ,7r 3 ',t t ~,~~~ ~ ~~,1 ,. ~ ff~ ' ; l i 1. iay I : ~ r ; pi ' f Y V ~ ~I I , ~~ ~t y ~ . Sr I ~.. ~ .. ~ Ai ~ f .. , ' ~ t„~. ~~~yyy ( 1 .. ~ i r I ~ {n 11 ~ i ... ~ ~ -. .. ~! r .i i ~ 5. y ~, r. S / r,~ ~J , # f ~ i ' r U I f~ ~t r rr ~ ~ , ~dk , r ~' z ~~ { I III .. i,_ I £~_ ~,~~ li ,ii ir' ~I I III ~ ~ ~,n i i III f ~, ~ I I F . /// + I I„~~4 ~ ~Ll ' III / „L. /~ / r~ ri r C ~ ~~ I . Ills ~.J f ~.. III ~ ' i / ~ /~ ~ / '~ ~ ~ / ~ III III III ~' , II III, , I ~ , II ~ F~ ]l~ r / Ji T f ' Ili r~~~ ~i /// VI `v' p~' 1 V I I i, fi i1.i j III i..v ~ I ~ I ~ ii IIII I'a~ '• / Ij ~~ 1 . l ~' ~~.. .' i .. I I . fi v i '. t'r I ! I! i li r ~. } 1 . •... ~ 1~ '~ 1,.. I i u . f .: :. ~%I I I IIII , ~~/ , I ;' u , ;t, ;'; I, . ~ ~~ u „, w ,, , ,, , I ~'fi ,. v} ~; ~ ~:., I ~~~ ~, ~, :;. ~ ~- ,„ S . ~. i k`~ 1 , ~ / n ur if - F I iii /,~. ,,,~: , ,. Iu° ~ III,,:. __ „~ ,.. i ~ J// I. I~~!/rrll, i s ~'~ '~ ~ fi.~ I ll/~ `~~ J ~ ~~ L 1~//~~ ~~Cf i ~ /I 'I / ~1 h ~ f, l,k' ~~, ~ ~ -~ i~ ~ , 6 G.~1i ' ~5 t pGir ?„, ~ . i ' A 4 i ~ ~ ~ yL 1~iA ~ i ! ~ ~ ~ ~ Y ~ ~ I .. ~~ if I*s Ly ~.r F ~f ~ r !~. ~ 'l~ i i r. 5.: ': 1 ~. ~' ' '~ . , ~ • f %!n ~ h 4 ',sr ~ ~ C + t 4 K ` i }~ (( i i} )k ~P~ ~~~ ~ '• t /I ~~. ~~, ii ~ ~,' t, Nor ~ i{/~ ~ ~s/ I ,, !r ~~ S ' ~ f"c ~ ~~~r. w r y; ''~i < <~'tikl r !lz :,, > "-~ ,. 1, ~. ~,, > r w+ a uu ~~ ~ ~~ ~~~~~ (~ ~ ~, uw ~111~ i/lam/l." 4 ~5' /{,~`1 ~ ~ 'L ,11 ~ nr~ 1 ;~~'~' ~ ~ ~~ 3r ~~ ~y r• " ~ ~~'! ~y ~v ~.z '~~ X15: ~ ;"' ~ ij ' y ~ ~~xr ,i y ff'~ ~ ~ r ~ i~!,^ t k ^'~ t#'. .~~~f ~ t~ ~ '~ M tit 1 i Y d ~ ~~ ~ ~' Ir y ,, s,f r ~~~' ~ ~ f.< ,ufi ~ ' JJ ~~~ d'! 1 i'a ~ ~"~ d Jai '_ ~, ~,. ~ ~~~ 'c,'~ ~~~'J~'+fN f. ;, 4~ tyro t4~ y f h° .~r..~/'.z „~' { I '. ti 'h`1'i- t"~{ v' rr~rr` ~'~`x~ '~ r ,~ e ac, ~: ~ ~ '. - ~r ~ Mnflrca?~,wi r ,'~; ~' + a ~ r' a ~ <;~ F f" 7, ~ C a { ~ ~ +~~ l.x ~ SUS.: p~' ~, ~ ~,'~ ~ ~- i " a ~,. s~i: ~ i . ~k t ~~ .~ , 7 is t r ~~'. , e ,~ ~Fk~ t :~{ ~~s~' ,y , . 1 ~, ' ~ ,Y ~,.. ~ ui, i '' i. II I i ~~ ~ ~. i ~; ,, '; ,, ,, ~~~~ ,, ,. .. ~ ~~ ~ ~~ ',' ~~~~~ ~~%i II „~~~~„..,~. ~. ~f ~' x ~ ~~',, ~~ ~. ~ ~ ~~~ ~, ~ ~~ I , ~ ~ ~ i i I r ,, ~ ,, ~ ,~ ~~ ~ r ~, ~~~ :' ; _ - ,~ .~ ~~,, i J ~~~~ ~;~ ~~,r : _ ~~~ ~ ~; ~~ ~~ ~~ ~~~ ~~ I;, II ~ ~~ ~;,~ ~ ~ ,; ~~ ,., ,~, t i'~~ I ,, ~ ' ~ ~ ~ ~ i ~ ;;~ ~~, ,, i ~' L ,r i ~~ ~~ ~~ ' ' ' ~ ;. '~ ~~ ~ ~I ! I ~.~ ,„ ~~ ,:, i 1 , I I ~~ i b 'r ~p i ~ r t ? " i ~;~ ~~ ',~ ~~ ;: ,, ~~ m ~. `' ~~~~~ ~~~ ,~~ ~~ ~, ~~ v~~ I ,' I ;;, ~. ,. a ~ ~ . ., ~ i uk lfi i i I i i 1 i I ~ II 3 ~ ~. `IF. ~. ~„ ~ ' ~ I y 1 ~ ~ I r ~~ l i j - ~ ~ i ~'~, ~. f j i ~ II i i i ~ ! i, + ~ ~~~. t ~. y ~~ t i JJ~/I Ir/~ ~ ~ II i II '~ i, ~ Yii.' ~ r .o r ~ . ., I G. ml i G ~ ~ ~ ~ ~ ~~. i` a ro „ ~~„ +~ r , ~ ~ .. ,,, ,. i ~~.. ~~ i~ II ~;,/~ o~~ ,G a. ~. ' •~ i I t ~ I .. .. ' i ! n i ~ r, ~ I } ~ ' ~l ~ ~~. f' I 6 ' f ~~. ~2 1 '!i i~, ~ ' r i . l e, ] ~~ ,~ ~ ~~ i j 1 1 . ~ _ II i ~I~ I ~ ,, . ,.. i ~ ~,,. , ,,, ~. ,. .. .~~ ,:. i v ~ °. r„ w f ~~~~. ~~~~~~.. ~ ~~ r .;.~ '~ , . ~~ r' w m j/;~ ,ii~ i . l~ um Illllli~ I~Pr iJ~l i i Illllle!. ~~~~ i, io ,. „~,. e d. ~'.1ii° ~. ~ p ;.. i' ~ ,. i ',7 i i . -, r I i ~~ I ~ ~I 11111- ~; ~~~i~ '. k lllliitl uu u i i t _., ill .~ _ . ~ II l „. u i „,, liih ~.... ..~ ,,,,: i II d~~p :., ~ ' ..i '„ i ,. ~. di. ~ r ~. ~. ~,... ~... _. i liiilli it ~ r,~b,w i ,.. . ... ~ ,..,.. ,, < ill I ~ ,,. i ~~~ UIUV: i ~n ru. ;. . ~,,,,~, .. ~~ ,,.. ~ ~. ~~~~ 1111111 ~ i I . 3 f ~,., • `. Iii: i hi ! ., ~ I, ~ ,. ~. ~ Yi ' ' i ~~.~ ~ : ~i i , k r ' I ~ , i.. llllli I I Ilw a 7 r(~ ~ ,. / ~~ 11111 iI / ~ ~ ~. I i uu .'.. ~ . . ~ ii~~~ / i I Wi ~i~ 1 ~ (ll 5 „r~. lr~„ ,,.., :, Ise ,~ U r' ~ ~ ~ i ' ~~. :~~... '~ ii, r.. 9. I u.a uil . a. f.:.. .. /. ~ .. ... .' . I ., ~ „ , , ~ 4 . ~'- , i ~ i ~ illlllli -' ~' i ,poi w 'P:'," „~:. ,,,~ ',1 I ~, i ~' i ~ d. 1 I o ~~.~, .. , ~~.~~~~ ., -~~~~moimuuuuuuo~~~~~~ . ,~ uu ~ ~ i ..., . ~ ' ., l~ ii r ~~ ~~~ i ~ </ ,. i yy~ "II~~~, Illlllllj, I ~~~~~ ~~~Illii ~ I. 'ii ,~ ~,,. .~~~. I i; i, _. d ~~~ .i „,~~ II~1 i h i iii I j u> m ,;. i r ~, . I I i r I mr, ; ;. ,~ 1 J d'ii / ~, ,, ,r „ ~ , ,d,. q , ~ mj7 _ ~ ~ i y. ;; ~ , r(., ;, , '"# ~: ~ i , ~, ,. .., 1 ~ :: ' ~ , C k II i 51 #, ~ '~ .. / / G il ~~~ 4 .', ~ / / t ' ~ ~ t. ~ ~ y ~ 5 Gf ~ ~'~ : . . i ~ ' ~ t ~ ~ ~ , .,,,,, ;%L::...ial ... _ .f ~ ~ ~ II I i~ ~ y i 11 t. t„RUfj ~ S% r . , ~~,. ~~ " , ~ i _; ti , 3 r? . ,i ~_~C, , ~ . I ~ ~; , ~~ r~ ~ ; s i ; g. ~ ~. r ' ,, ;~ ,. .. ~~~ , f s ~ ,~ ~ ,.. r, , >rr i + Y . t ~s , ti j y 6 i ,' ~ / ~x ~ / r ~ } ~ ~~ ~ z /~+ 5 i x i. ~ r ': I f ~. Y i A ~,- ~, < I 7 ail ~ 5 e'Y~" ~~ i s i i ~ ~~~ . I. ~~ ~ ''ii t ii i, .: n ~'~ n i t ~i~i ~~ ' ~ ,. I,~ ,; ~~~ ~~ ~~ ~~~~~ ~~~ ~ ~ ~ ~ ~ I ~y ,,,. ,. ~~~ ~~~~~,, ;; ~~ ~= 1 ;, ~, ,, ., J J ~~ I ~Illll~..n%~l~///~~%%/~~ i.. ~~~ i, ~,. i ~ i ~ ~ ~. ~ ~ sir,,, ~ ~ '~'~ ~~~ ~ ~ ' ' ~ ~ ~~~ ~rr, r ~, ~~ ,,~, ~ ~~~ ~ ~~~~; ~t; , ~,~.: _ >, ~, ~ ,,~r ,~' _ , .,, ~ , ,..... ,,,o' I ,~ /%'f ~,,. o F f ~D/%%/~~ ii ~ % /Il/%//~~~% ~; , ,, .., ///~~ii ~ F. ~ r li ~ "' ,: f i ~ , i. ~iJl, .,,i 0~ ~, i // l ~;. Y•'x ~'_ ~:, r'lla' I del III'°i / / i/ i ., / '. 1 III~~ / ' ... .... ~ .til~ii~ li ''~ I ~ % i I ,i "I ~: I / ~ I _.. - ~ ~: ~ ~ i ) ' Il ' II i , ~ %/ i. // J iiii ii /%/ i '. l r I l 1 y ,,; f L. ,,,.~i it „-,, y , ,r„„i ~,i/,; /r -i r Il ., err ii/ r ~ ~ .. ~ i ., f i i. ~. i - < ~~,.. i ~~ I ~.. ~,p ~,; ~~ -,- 1 ;. ~. ~ i li ~~~~ l Tai (7 s.. ~~y Iii ~ !;, III ,~, _._ ~ _ ~ „ yi ;, ~~~~ , ~~~~~ ~~ ,,, ~~~~~I~, I ~~~ ~~~ ~~i ' ; „ ~~ ~~~uili~ ~~~ ~~I~i ~~~ ~~~~~ / rro,~ ~. ,~1:. , ~ ~ . d , , , , . 'f >m ,, ~' ~,J ,: ~ ~~ 1 , ,~ ~~; { ~~~~u ,: ~;i ~~ ~- k;~ ~ ~~~ ' , 1 ,~ i ~~~ i , Ili' ~ „ ' I ~ .., d~1»~rd i;l~~r ui w uui~~i Iluu`/' ~~ Qi~~~~~~ ,, ;:.,,,,,. ,,,.,~ j c .//„i /Gt I , ,/, j ", uulllll IV u ~I ii i uuw " ;, i~ n ////// ~ii~ , ' ~ _ !', i .. ~, ri; I ~r~ ~,' II ~,-•- r i ~ ; I I I ' ~ ~ ~. i „ ;' _ .. ~ pii~ ; ,~ , , 2a~ 1 d~ ,,~„~ ~~ a .,, r,.. ;;~ < li' ~~ - ~~~ ,i r ~~~ it ~~ ;, '> ; ~r ' ~ i, ,,, a ~ii~j~' ~~~ ` ~ _. pis ( ~ i I II i ~'~~ L ~,. ~~: ~,. II I I~ I uJ ~ i III i. I;'.u llli ii VIII I~. lill III d I ~ u ~ ~~,. ~. i i-, ~ ~f ~,. .r , - ~ i ., l„ ~.~ i '.~ ' ',f, i - i _... -__ , ~ ~, ~,. - 1 i : ;< r ~~ ~, ;r ~ ~~ ~; I ;, ~ ~~ "; ~ I~ ~~~ II ~ uqi ih~ i ~~~; u ~~ ~; ,.: ~, ~ i ~~ ;, ~, ~~~ i ; ; ~~~ ,, I ~ ~~~~ Y, iai ., „~ ~~~ ~ ~~~ ~~ ~j ~, ~ , ~~,, ,~, ~~dIP ~, 'f. ~., ,~ ~ ~~~ ~ ~ _, ;, , ~ , r,~o-~~~~ '„ ~u° ~ „~ ~; 9q, um ~ ~ ,' , ~ , , .P ~y, ~ ~ ~, ~: ;~ up~ ~i uji ~, ,~ i ~ ~ ~ u . ~u u~~~~~ ~~ . i ~ ~~~ ~~ ~.~„_ r... ~~, ~~ I si ' ~ ~~~ %/~~a//~ /Oaf ~, ~„ ~ ~G/ii~%~lGle ~ ~~ ~ ~~. ,~ %/o////r7/!/~//O%///~ ~ %~ ~ J ~ , ~ R-,~. ~~~ ,~ _ ~ ~~ ~~~~~~~ ~~~ ~~ ~ ~ _.,.. ~' ~ ~~~ r, l ice/ ~.ir l l' i `~ ti - i I ~~ u II Ill 1 ~~,,,n-.. .:or», - _. w ~ i Su i i% _ ~,,,. „ , i ou ullll ~, ,~~ ,„ ilia ~~~ i ilh p, - i/%i s,'!~ IIfIIV y r° ., . ,~ ~~ r ,i ~) ~ ~~ i~/~p i ~~ . .-; s:-: ,~i i. i- i J .~ ~ UJ a .. i rrb ut i ~~ ' L, a ; yc i , i ~ ., .,a .~, . ~. ,. ., ~; ~ ~..,. . ,, ". p i , ~ fT, i ~ds i ~ ~' ~ ; ~ fig, ~~ ,.., „~~:~. „~, qp iui ~i~ _ Iid ° '.,a; tlul „ ~.. ~,; ~.~~ i .. rv, Ili,g f.y I ... i i~ wJI'~~~ ~ ,,: i u. STRUCTURE "B" CIRCA 1926 FLORIDA WOOD FRAME VERNACULAR (GUEST HOUSE TO STRUCTURE «A»~ ~~ r~r~~w s„^~,;, Iso~~rvo~n7~~,~ I~~~~ I,~•tl !~r~ ~°I~,~~I~, !1 ~ b 1'7cr [~~ u' I, ~r'l~ `' ] :i~~,11~I:I ~`ilii I i',_~: ~ ;i Ali •I ~..i7,ik ~ I ~..i,: ~ ~'a! i .~ ~ I Itil i ~;l:i [a ~iC '[ i' i (~'~s lue darn ~1,„Cep' Icy xIV t~p~~rlic;~~~l~). ~°GIer~l~l~t~ lf~~ l~rlia~lc~~ bcl<ranr, ll~clr.l~@~ ~~,nt~ ~.~,;,~r ;.~~,.,~ ~.-~-r,~,~~_i~.°Ilain. ni6cr~ BxCrl~~, cas.•. ~~ a, :,,., R I'r~hcrw Iz3cl~tili~adai~a~r ~~Il~ihi~o' _ I `~ ~~ ,I N' ~. ~ ~ ~. I'rt~ ~c.rt ~~1~In-~:s~~M ~ i . V ~~ I ~ K . :~, rcrx. 17c~r;r~i-i~,, E'61ca1t> nt I ~luo . ~h.pl~rr~a~. Gf~tU iY Il•:~t_nr C7~_scri?~~~ ~ ,. i t'h~~~~ tr~l"~. f~~'sc•°~i'lac w~~arlti 9rl~ci 1Cll~l"~~I~~I a,~t ~:x~.~[alt=~ I~~x~4Glo°~; ~, ~~,~~~ ~~ r ~~ f .~,t~lrr p"y,C71„tax."~s~xlc ~~k I~..:e9tilrc N I~)~.~tiCA'117CC",klw~lEl~;LwAllllf~ iidl(~ ....-~~ItIIIIC~~I: V U N. ~~ 151{-CG1 IYi~. ~ll l~ I ;j h t),_,` I`~~n~en P~«~. 911~.'I~lt}f3°a~ T~'. ~~2:. ny~-n~'i,l -- I'rrrlaua-ty~ (aN~~r~rtilia:~ti~~u ~~d.~.~:rf,~ i i r ~, !~ l~)~,~;~crii-+~ .~e~rdt ~ir~l ii~7paeca rri~;~aiwtin7~ ~a:,rtCZr-~; l~ rr7;~. r9,~.~ 4rY'~I~ rttu ~^ ~ ~ G n a i ~cwcr~i~~e~exiwti~~~„ (~,rtaaa's; 7i~t~l it~~c u'i.h~,:~_ U ~ ~ ,~ _ ~~ ~ ~ __. ". 4 I'i ~ . I _ ~rl-~~rrar~ . ~i. .~ , ~I ec~rtru~~. -- -~'--- -- ~ -~° ~, ~cri~~wu twaarlt ~rna~ ii~~~hact c~rv ~~;~iwtiai~ i~artain'a.: ~~WCr-iht=~xi^,tvta~l"i;~ti^rP~nr~l i~~-_°;~~~'i~ir+~,: ~d ~~ 1'hc~ru ncs. [7rer~n iM7~; atu. - - _. ;r~_ ~ ~r la -- -- _ _ __ i~~~~,4,~~ a ~ I~a'r~r~l7~ m~,~:rr9~. ar~~cl irn~,.r~a ¢~~o~ cx¢~~;lii~~, I~crrtruu-r: .~~ g~r~x. ric c~M~ Iiwtrtiia~~.. ~ i 17cscr-i17~ c;;i~;Qiirg la, r`~~~~.~ r,r~:l u;::nnGlitirrori: ~ ~ ,a ° a ~^ ~~ ¶ ~~~ ~,,. ~ n I'h~~tcp r7a,. ~ ~ I~~-si~M~irr~ i~c~. f~ ;~ i'ri~r~~:g'ly~ 1~6w~"~7ti1'e~:aiic~n ~~ N~ ~,~i ~ I ~ ]~~~ ~ 13~;st__.__... r-ih~~~~~~47u;, :~r<I in~pac~ u~i7 ~:~:n~l~na; lu re. .1~~~7o~°tir~. "t~l<~tta~ ui fc~~-Lnr ~at'^d'1'Y ~7~: ti~~V ltill97~; ~'dvkl(lB!~(" ~III~~ f~.'~~ ~'~-~~'. ~..~II I:~I`.: 01 i err ~_ ~ f)~sc~'ihr: ~,~~r~ ~i7ti ii~7~ac~~ @ a~it cxi:~rtGn~ f~~~"Te:J;:~ w w Pl~~t~ nu°~, ~ ~._. _ i~r~x^~ ink; nc7~ _... ~, ~ , ,,~~ ,~. ~ , _ . _.....-ti..._ _.... l~c~~a~ ~~ _ _~ ~ T~~~wcrihc ~~~+or~ ~:nuc$ i~~~r~~tt~.d aar7 t"viaIX~n~> ~~~<<4E.r~°: pia ~-~~;~. Qlet~ ~7~1' Ic~~alur~.~ ~ ~ ~ ~ I~!u~~ i iP. ~' u~ "~ RiBr~ I~.~~tte~r,_~~~,,i n iii c:~~itci¢titaln: rem p~ W ....., w ma V m 4 u~ ~~ ~ 1 6 i ~~ 1~~1~-~~C3 11~~~ ~ i~b'i'IMb..l4~. ~1C), ,.. _ III ., , i ~F, ;~ , yt- . a, ~ i ~///%/%%%~l//////// _. ~.~ /// J ., y i .. .. ~ ~drn ~ ~ ~ !. i ' ~~ ( I ~j~ i /j. ..~,.. ... ,r ,.~ K., . I ~~ r 'o, °: A m i i ~~, _ „%miaiao%%//// it ~ R l r ~,,c d.. ,~~ , _ ,.,.. ., ~ ~ ii ~~, h r , y ~ ~ ~ ,~ , r ~~ ~ ` j F `' ~ n` Ili Ny ~ U ~ ~~ r ~ C .,,~~,.. i ~ ~r l~ ',;i ,.. ~ _, . ~/.:r ~ i . l ~.. r I t , ~. - '~ r„,d ~~. ~~ - ,-. f L' iY ° ~ I ~ ' ~ ~ ,. .. r ~& i ~ .. i .,. 1 i .. ,. ~. ir. it%;~., ~ Ifv.. Illf f` .,, 4 ~.! ~ ~ ,. ,. ~ .. i .. a ~ ~~ _ .. ~ . i ~ '.. ~1:/i r,' ~ ~ ,i,,,, ~ ;,., .~0~~ ~< ~~~ ; , 2 ~~;- , ,. , „ ~ r€ ~~ ~ `r `~ ,, i;, ~,, - ', ~ ~ 7 4 I l4 ~ y { ~ x ~ '~{ a 11 r ., .; s , , , , s ,, , ' : ~. ~; ~ r: ~ ~¢ 1 ~ ~ s ~~ ~ { f r( I - 'k ~ ~ .: s ~ ~ ~ ~ ti r i i a i rl ~ " '~ ~ =4 W ~ ,~C~ l,y ~ ~ ~ ~~; I -y~~ G ~ '. t tz ~~ ~ 1 i 1 { i , ~; ~ 4' i i ~, ' ~ -~ ~= 1 ~ '~ ~ ,.. ~. ~ ~ ~ ,,. ~ r ~ i i ~. ~ - ~- . _ rA ~~ ~,~ rS ~. .% a. 'iil i iJ : ~ ?) ~lu i~~~' p, ai. ~ li. 1 f ~ ~„ i .. I V . . ~a t . ~~ r,; r n V ~ r ~ i ~ I ~ Illu Iliiiip, - -, III I ..iii I I I j ~ r ' ~ ' IP f III ui f! .r ~~ ( i ~~ { ~ ' I i~~l~i ~ VIII ~ ~/ r ~t ~. . ~, ~ .. ~„ f% r /. R i' f .iJ I r rI ~y I 1 1 ~ ii ~'i ; A ~ a i~ ~ , ~~ ~~ r a'., I ~ L, vi {/' r Jw'~~~f{.~ ,' f ~ _ a ~ iS,` ~~iii '. i ~ F i i ii III; ,~ r mil i ~ ~ i ~~ !V. ~~':~, ~ i, kit i r. ~~~ . ~ ~,~ ,,. ~ +~tu ~ <~~~, ~ ;;,~ ` i~ - r. i~ ~ l!G ~ ~~S F ~ r it i h ~ ~ .., ~, ~,. h ~ r ~t i _ N ru {~ ~ l r ~ r~ ~~{(~~ .. ~, z ~ "8'i yr. ~Fi i,.i,',~^~ N7 ~4/. r ~tE:; ~ tri ~':i i ~1 R., %~, ~ i ~ `r i ~1 `:~~ 34ti~r~r~` r Hsi" si( ~i h+ ,~~~ 1 "~ ~ iY +'~ ~,~ r .f r ~ ~~ ^`~:, . r r ,l ~fY~l? ~, it ~ ~ a ry~,i~ }~ ~, ~ ,3~ ~ ~ m?~ ~ , ~ ::: ~ ' ' i a N `` ~ x r Cal i f 1 ~., ~. "f> ,.- .. ... ... -.,..( , , ~ , „' i "r - ~r 3 t I i ~ 4l.~ ,: ~ ~ ~ ,/"~ Y, t . r i I~ ... ~~ ~ ~I ~~ e f ~{ xvh'I r ire, r Z f, f .6 ~" j / ~ ~, c Y,+~'w ~~ ~ ~* + n '. ~~ r r r^^~~k i r ~ tst k, 1 d; r r rW~i ~ 1., ;~ ^,~ r> 1 ~.w ~ y _t r d. F ~ Y~n; r ~~kw ~ ~~~'~~'r ', ~, ~ y r `~~r' w , »~ x.'~}I 1 ~ '~ ~ r r; „ ~~ ~~~ ~ y ~~ ~ ~ ( ~h~ ~~fi ~~ ~ r ~ ~'r ~ ~~ ~ ,~ k~r~ ~ t a ~ 1 ~~ i r .~ ~.~,,. i j ~. ~l I ,_ ~~ ~ .a,~~~,.~ ii ,~,i u ~. ~ ~ ~i , r .~. i ',I i 4 ~; r IV i ~ r;. i ..., o. p/~~ ~' i "i. it II Ifl I tl~ .; .. -... ~ iilllllllllulr,,, ;.. ~~ 0 ~ ~~ i ~ ~~llllli ~,'° tl~i c, ~~~ A i~ I ~ n, c, I i I ~ II P ,.. fA 4 ~l. f~ ,lo ' ,~ lr ~; 1~ ,Y' ~ ~,.. ~' ~ r r I' ~ 6~~ -~ ! I IIIV ~~ E ~ ~" / i o, ~, F• I f ~~: o. II. I,. I ~~ ,. ;iii. .. ~:.~ _ ~~~ q ;prr yj" 1, ~ ~ i ' i% r rx ~ Y ~ .,,,r t ' ~~ i ~~ y ~ ~.• ',~ ~' ~ i ~ it ~ r i 1 ~ r w it~~ ', iii ~ i .i " ~ ~ i _. X„~ x .., _ _ ,~ _ ._~ ~ ~ ~ ii i ~ ,,ia„i-~~ ~, . , `. ~ ~r ' f ` ,. ~i~ ,~„ ~~ ,~i . u 7J ~,~ w, ~ ~ i ~,,, ~ ~ ~~~.. ~~, ~, ~~~~~~ ~~ I ~ ~~ ~udlV III~~ ~,~ ~,~„_ I ;, ~; - ~ ~ ,~ III ~~ , 1 r I I i t 'd~ri r ~ ~ / i, c ~ y ~ t y~ t~ 7`( 1 , i i 1 '„~ ~ I~~~ ~, F ~ m. ~ L .y .. 5ux ~ .r. ~ , ~ I M (!ill~~ Illlluu,.. .. VIII c I ~ t ~ m if 91 ~ ~~„ J ~ u fii ~~ ~' ;, i i ~ r` ~ ~ , .~ ~~'x j 7 fi .,' ii~, ~~ k~ ~ a., i ,,, l~ /%/ ~~/ ~. .. n .4E~ ~ ~$ ~ ~ i iJ ~tl i II, ...~ ~ 1'. i ty f H ~ ~ ~ i~ ~ ~ ' r ~„ f 1 ' d uo u, ii ~~~~~, ~ ,, ~ , i.. ~ ' ~ ,, i d ly W' l ,; ,,~ ,. ; i ail, , / ~ a ~,~.,. 7 ills ,. ,. .. z,, illl' iii r d~S'... I., p': ~~ i i ~ ~~~ I ' 1 ~ .. ~. ~~~ ~ it i ~~~~., / ~~~~~.. ~. .. ~ i iii ~ l ( ,..Y J ~~~ r 1 ;; ~ ,~~ ~ _ , ! ;r ~, ~~ ~" ,. :. ~~~„ rl j ~ ~ „~ i. ,, i~ ,~ l.. r ,, ,,. '~~ ~s 7, d =.;- ,' ~, ~ ~~~~u, ~ ~i , „ ~~~ ~ c ~.~ . «.., -~-.~... .- ,y ,, ~~ ', ,- . ~~~ ~ ~, ~ - ti , ~~ir' ;; , . ;, ~ ~ '_ u imp ~~~ i ~ ~ ~ ~ I I ~ ~ A ' ~ IL ~ I ~ ~ i - ~ - - ~- i ~, d. _.. . ~~ A ~ ' y,~, ,,: _~, / ~' ~ 9'} Fin, ,,. Y-rte. ~ r cd'; F,i ,~.-'i F ~_x , . f I ti ~, ,~ ~l~°c~ ~ ~~~ C,u,t ~ ~~" ~~~d ~Y ,~ .~.~ ,. . J-- ~ ,~ ~... ~~, t~"- c. ~`,"-~ .- ~t~ P ,.J /. ~ n // _ P , ~, ~ J/ a ~', ,. ~. ~,r ~' C ~ .i..~.. ~'" ji t J ! ~ ~'~~: ~ ~ ~'"~ .. .r ,. , .. . ~''x n _,. ~, ~,~, . ~ ... -x. -c.. ~ ,~ ,+/ Y ~ °" L~ ° v ~° ~ ~ ~ ~~. Fu T aU°'... 1 ..' ~.:. ' pp w_. ..k ! ., 5" ~.~ ~ f ,, ~. ~ ~_ ~,~~.'~' ,. ,, ~' t . / ~, ~ / k,. sr' ~ ,~" dir. ~~ ~. e~ ;~ l ~~ ~='~ ~ ~,~. ... .. ~,~w ~~ „ ~` „ - ~,~, ~~' ~~ / ~ r ~. . f { DIY , y f ` °~ f ~t / °~ °. ~' 4. /,^ f P. t ~' "f '~"~~ ''e~ 1`"~, ,~ d m,r x~ a ~~~~ '~~ ~" ~<,.. ... ,r W~ / '~ f r e~/ - /, !,' f, p 1. ,rr(, ~A ~ "' ~ ,. .~~ ~~~ J ~" / +~ ~'° f _„ ~ f „ems d Y'" „ / fd p. yy ~, ~ `':, J ~nru~d M~rt~,9 ~ "~ ~ "wG:;,ar~r~ .~.. ~.:."~ °„4.. ,M. `•~ ~ f ,Y ~~~~ ;~ ;awe '; :; r; ,~ k~~. , ~~ 'a~~~~ ~;~ ~~ l~, ~ V~ tip,. ~ ' ~` ... ~... ~` -y~ ~~~~. ~M; ~1 -.. ~s ~,.. ~~ ~..~ ~~ - ~~ yw, F ~ ,,,. yy t4P .pp,. ~~t,R_. ,w} " '~~,^~ ~ r y~Ma ~ ~ ~l 4/ b ' ,. ~ ~ n, x ~ ~rv.~ '*.^. +, 1 ~`•• , y ., ~ "f 7~.1k~~~rt .,~ ~fia 1~~.r. ~~ Lear:°rr a.r~ LJc~ca.J.~ra~~, CJ~z~a, ~:,~~~ ~~~ "1, 1 f3A~~~, t rr c~ ~~ x~ s~ ca ~?, .]. }~ ~ r~ ~ F ~ ~~ r~ c~ .~ ~~ ~ i' ~ 1~ ~~ ~ C ~. tx ~. °~ ~: r ° ~ M :~ ].1 c~ r~~ a C-~ ~~ ~:r r~ ci t'r~~ axn~~ l m~aer~:~ fr°'c~roxr N'aca~.c~x~ ~~a I~~~rrr~ ~t.i~~"r:~c~~ax-t p ar~~l `~Lrr~ a~r~ .&.rJ~~~ "L~a L~~~~xrvaY ~~~~, 'lcaric~a a ~r°~ yc~~~r' .L~x~:~~ }°r r~ca°~rrr*x7c~c~ °tP~ ~.t-x~ 1~a~°~1~ x~rrt~l :~~1~ ~'tr°m he ~;<~rr~e k:}~c:lc ~.ca l~':I_car. ~.rx ~~c.~l c~~„~tL~c~ ~r~°rr~axr~x~t~~~r i rx C~~lra~r L~ea~h„ 1~ Laax`k~r~ Lay. t.r~°a4~ p ~x °paLrer~r ca a~ n ~c~ ~e l ~° ~ ~r p ~ ~ a. ~' ~ ~~. t~ ~ r~~ r ~ her ~. r~c~ p a ~. -~ I°r ~ ~ rtx~ ~~ ~.~x~ R l~r : ~: fia~.l~x~r r~a~xa~c~ ~~~ :~ia'•°~~~ kaic~xs°~I. ~hca~m L~c~-~Lr ~°~~r~s ~~r~ a~.~rrrc~ At].arb~t:i.~ A~ren~.~ a `I'k~~ a~-k~e~~ ~~' dais x~uaasica:l c~uc~er~t,:ican i~ ~xx~]~.rr~xx~ L~xxt Lr way ~~~xf~'.i.~;i~n~l~ ~cal~rrte~ ~~~ ~~wkaa~ 1~~ v~r~:r~ aLs].~ ~l~ca o~Mc~an~..z~ ar~d ~. C-'. a:1 c"3. C; :L -~-" I L7 ar"1 ~ ~ I'x 1 ~ 7~ p a ~3 ~. ~~. ~ 3" ~ rrx ~ ]. b1 C'. ( a .L Ca C: A~ .~ C~ U ~. '~'~.r :C c~„ .},. t~V'~9"t~: U,r"1'~:L,l .L9~~ © C:C~"r7CE'Y'~~; ~~"~Y° ~O ~'OY'.LC~ ~~` ~. Sn~~Y.'E? ~ar~~xr~.~c~ ~re~~~ly ire t kxe 1~~arrd~h~~_:l a~~ ~tx~ ~~arrtLr~as~ c:r~ar='7°te~ a-C . ~:~; ~ '~Yr and 1~~tl.a~rt:~ ~r: r~~r~:nu~~ o lip ~alas'~d ~ ~n ~ -L~~.~ ec~ t.~n~. ~t m~ a~ ~ i~ ~~, .?~ar ~.91.7, ~~x~.rr~ ~, a ~ ry tr bw «~~ ~ ~ c ~. J.. rC7. ,7 y ;r l .t t., q~ f T~ .~ ~.. U C~. ~~ t~ , l A E~ .C' ~. ~ a t.. I,' ~.. ~J ~...r.. ~ C7.. p L ~~' L:. S..J ~ .' t~ C :w i 1. p J ~^a 1 ,'~. [~. ~~ ~ b c~ 1 to l ~, .~.. ~ ~ ~ r AJ r 1 ~ p a.,~ ~l,'~, .L J_ ® 9 ~~ p ~'v y , ~y ry +~ ,~ ° ~ .l_ P`.T 1~ / ~ 1 &. ~ a~ C~. ~ ~ 7., ~"~~ k.,..l. C'~ ~r~.' (~ WV ~ ~ p ~' ~, ry y , ~ 1 A' ~ .1.. «~'~..~3 C~~~.,1,1,C~'~"1'~?1 C~'~ ~~r1C7 c"` r"t~, c7.tr'C~c'~''C~"3~L. ~ "~ ~. ~, ~ ~ ~4~~'~7~"!E?.C' ,~ ~.~(~~ ~1C7'~'1~'~~'ti:,, '~cr ~~lraY B~ ~~1`r ~~~arn Ccal~~x, M~.~;l~r.r~anm W~.~.l~.n w.~ af. ~:Yzi-~° xxra~r.ia~~ carp. At~c~us~ ~, 1~1"7, 1`~ ~~~r°°~.e car" ~+'rdC'tY` l.C~ ~aT' ~ ~~:C'`J~. ~~~ t ar~c~ °~1"~G' C,CaUY~_t; C-'r7 ~.~.7 1~'~aCCax"x p C~~~rc~~_~°~, ~~.~re ~x ra~.ric3~ 3a,:~. ~ ~r~ai_r~.r~~ a~ ~~a V~~lx°~ L7~acan c~caxn~al~~~.xr~ ~r"°aln~i'4~c~, ~e ~~~ ~,,cama~ a~.c~r~rc~r~ ~~ ~m~a.ex~t;~na~r ~~; La~ar~c:~]..~^~r~~r (~~ar~~xaz•~t~>:~~ C,cax~rpa~ry 1.2;4~Y~ Ix~f.ana:~~ a ~~c ~~rv~~~~ ~.~7 F`rarac~: anc~ C~~r~a~ry ~~uri,nc~ '~:Yr~ wax' ~rnc~ ~.xxrxtte~c~i,4~~L1.y fcall.~w~.ng ~~r~ ~~°x~i~~~ca~ c~xr ~Tc"av~mL:ar 1.1., 191, h~ a~ ak:~c~ tca r~xxx~~a.xr .r~ ~~~x~axr c~~' ~i~i~.: rrxan~l"a5~ ~.'hi;~ ~~t.~x~~.~r-r ~~` dr_xt. ~ra~ "~~ L~carr~ az1 ~~x~.~r~:a~rrrrlerr't c~r~cau ~z'~~ ~ti.ti mi. 7. i.~~a~y L~an~ Ica bcacss~°" '~h~ ~~~~. ~f tYr~ ~m~r.~~~°arr a~~c:x,raat:ica~, :Ccat~c:~:~ i~~ua~,~~ a1.a~r~ ~~.~ ~k~ie ~~.~r~~°m I~~: ~°~'trzrr~r~~ ~Lca ~.1~ Ux~i~~d. S~;.a~~ ~ ~ fi~ ~~.~xa'~~r7~ry~:, ~~~r ~a~~U c~~~~:Yra~°~ed ~r~ ~~1 ~, 119. lie r~~'t;uLn~d ~Lr~ L)~1~'a°~. I-~a~.~~a wYr~a~e~ h~: ~.~c3lp~ct carttc~xxau~e ~LYr~~ ~-a.lc~a"r~~~1y~r`~ ~>nr~rr`r~t l°~~~.axu ~cas~,~- #~ e LIe seas ~lc~~~d °h1~ ~.r"s~ c:ca~imax~r c~F ~4~~'xe Pca~t: ~r-r ~_~32fJ p arxd al.~o ~°,~rvc~d a+~a.x~s a_n 3_~~1 and ~.~~3M I-~ca ~argai~cc~ xrr.rrn~:~:~r~ ~xar`ac:~"-raslr~ ~,r~x°~'L:~~ ~pq~..pnry~y~xac'-~9s.~~n~gc~,c~~p c-;y~pr1°:sy^q~°'~ yyhyy~.~y~'1~}:°y~.'k~yy'~~yb~}xT~y~~,.+y,~ $~~Jya~ 1~u~~.'19¢.{ y~~L.k7~J ~yr~~a}ryry~:~~~n~y~ry. d"1dt1,~1~~.. ~.+ar3 LC~'~, ~'lA ~'4JWr ~lJLl 1. 1.1 d.~ 'v/AA lyN kJ .L, ~.L.L"uVt ~F~ 1.'.A-..E., l,..A& ChW 4.~d. l~M,,,(,4~ ~, L.i betray a~kx. ~a~.~rn la~:c~~', Yr~ car^garr:i~r~ ~~.aLze n~~:~Mi~.ar~r Le~.rar°r L'~~°t~°~ ~ir~°~: az~d car~r]_y fl)rx~rrr axr~ ~x~~].e ~r~~ Try ~_~~~~ 11.9 :~~ :re~umec~ Lr~ ~aca~~~t.:~can ire [~el~ay ~ea~~x ~~ ~eca~~ ~Ta.`a~E'r CYO `1'r'"OC)~a ~. r ~ '~:r="~7CJ~J ~'1~' ~1aC~ :~Cax.ax'7~'4~. .r_I'x .~.1 ~ ~ F"3,"C~ ~~rer"s arr tar7`~~ 1., a~aeu~ `L94~ car 7 x)41 p tiai~e'rr he ~e~:di a~e~~~ fir. ~nr ~ca~a~~.xrc~ p Yze a €~re:at~_y ~rrvca~_~ac~ .ire a11. as~aec.;~. ~~ ~L,~~3. ex~aeavr~w ~~~ra- zx~~l~.~ec~ rrxcarr~.nxerr~a7_ c~~~r~i.~:rc~ 'Lr°~. err ~kae 1~~~ ~ ~ ~c~ '~~~~~ p 'cax~~l°r C'a:e"cad. ~ n~a p [~a~al ~ ~ k°:L car~ida R arrc~ ~~~'se L'1.~ar~a "-~ all ~x~ .l~a~~ae ~~rraeal~ Lr.~~Yr k~~ac~ l~eera cax~mveed ~:~ ~~~~.,~~ e:arx°ie~°~„~° I-~~.~ }~c~~.;~ranal. ~c~u.~-ng ak~~~v~x~r~~: ~r~cWlx:xdec~ Nagle ~ca~•~; ax~rd ~.h~= ~d~.:Lc~x~° L~ea~xer ~a~:c~~ :L°~ a c,oa~a~a~ar~ 'cc~ f.inc~ taia~a ~7 ~aa ~~~a~~ar~a° ;s~~r~a~a wrar~~i.rtr~ w.~.h inr~~~ir~,.~~~1. ~~rau'ti~~ rats rr~:~°~ t ~~~~c~~s . n1~ ~rsa~° ~aa"ra je.ct~ cai k~a:i.s ~~:ca~t't~ kac.~ f cat`s ~ ~ .~ rar'r~~.i is rat, tt'~~~ ~e ~, f _ .. can ra:~ ~1.~~ r~~i~~Lrrt~ ~~1~ ~'L~rlc~:~ ~raa°~~:~ta~~ 1:ral ~k~ n ~; k: ~~ ~ i~t.t~f.;~ tt~~r '~~ac 'r~ic~r1 ~u~.ll.. Am~r7,r;~a~ T~r~gior-~ f-%ct,L1. c~rr raa.-~~ ~ ~~ v~r~a.ae ~~-> ~f"~i~a.a a~aeeL-.t_nr~ ~aZ.~rs~, <~~~ ]..r~~~ 1.~a"t1.._d.l. ~a~ a r~'f~.~z'~tn~7~c~fe~.s ,~] sca, ~f~:r~r ~ii~ ~~.~c;i~.am~r~ca ~.rraaaa tl~~: T~raaty, ~~~ a~~aat~t;~. L~ar~~r~~°a:i~ raf ~~~a~ ~:.~~ kaar~ci, ]cnr~w~~r rta ~.l~c-~ C7r<~~t~ ~'a.~.~r ~"3~t~zr~a ~~~ ~~1.~~ca ra~ars.i~c~. a +n~r>~~~~ kaarr~ :~cataac-:t,i~ r~tzr°inc~ ~.~rx to~~-7.~~~"r '~"ka~~r, ~r~nc~s alay~d r.~c~u1~:~~.y -f::wra a°~ic~~zL.~ ~t w~~ dt~r~aar~ ~h~: ~traa~i~t ~~~.sc~ra ~t. talc icy I~~i7c3 ~~~l:l_ wl~~c~l~ was ~c~c~~C:d arrart~ raf ~°L-1.ari`~i A~na~ rats 'f~ka~ :~:n~;a_:~r.ra~s~~.1 ~'~t.r~~ T~ r~lsra ~~r~r~c~ ~~ ~ ~aancxan~'~:~r ra'.k a Mi~attt:~. r~.i.t~~r ka~rrr~, ~nr~ b~c~ w{t m~an~a~r rah' ~h~ :~.m:~. I~z`um ~n ~~t~~ t;"na°`~a~ 'L-~.~. :~`avra7.er~ tra Cla.ic:,~ar~ra wkt~~ i"~. ~aer~cara~~c~ '~.~a~ ~~3:i Wrar~.r~'s ~~tiar~m ~1~~r.'~ ~m a~1.,le~ raa~r~ ~°~:a.. wig ~~.~~~~ k~~c~an~ ~a~ ~~r'~n~~ c~:C t~~a'°e;e r;Yai7.r~~~.n® A:f~.~~r°~: l:.~. (~3ra~s~ :i.1.]r., ire (~ap1.~~~~, P~ca:~m~ ~i:~.:f.a~° gran (~~m1.923} ~ ~n~ ,~rahn 1~~ i11e~r- ~~ap~.~)24~ ~~a~r°a.nc~ ~~ ~~t~1.y :i~J~~l~~, 1~~ ~rar~~c~ ~z~ ~ ~,cat:~t~tr~ailaa~~ta star ~11ra ~~ r~y~r ~f ll:k.'r~~ ~~~~;}~4 1n 1w~t~ fli~t~ 7.~~~°~ ka~ ra~~aerar~ ;~~~.:~ ~ n't i ~. ;~v c.aa ~ e " .~. ~~ Via. a. a~ q -L- ~r c }r 1 ~ s h ca ~~ ~ ra ~ ,- _, a'F.~ t: a~` ~ t i. r . n ~~ ka~.r~ia~. ~~:aratx~~. ~:l~i~ a~an -L.an~, kt~: c~t"r~~s^ti°~~-~cl `~~ ~7~1.a~~~ Inc=arr~ ~sca~~.~nc~ ~nc~ :~pra~tsnt~n ~a.tatan He ~ca7.r~ i~h~ fi~a.ng ~~:c.1rJ ~a~.a.~a.n~~a~ .~.n 1f~~~~' ~ar~r/~~~~ ca 'f' i. 7.1 xz~l~:h. I~~ c~irad a~~.~.raka~aa~ 2~3, 1 ~ C~~7 , ~ h:~s ~rarne a~ 2~ 2 ~Trax°~..fl'tca~s ~.;°.k E'~:~i vnu~ , w~a~ r~ }~~: h~ci -.;,.,,"._, ~ra,~cd. ~r~r~ c~n~-~r-} r~v'1;~"~"~. ~'1t='r~ raT7 ~ ~, 1~, a, A..~4•~. t.1. v:S .L! tom.. +~. .x.. .a es v d _.,. ~ .. ... ~. y i ~ X k.. ~ i ~ °. ,..- ~ i,, . ,A+ ~. ~„ f , r~ ~ ~. /~ ~ ti ~ .. ~," { ~, y r n Y r, ~ ~p ~' ~ ~r~. ~y ( '~ {.Cp ~,.-. ~ ~,' .~ ~ ~ ~ ~ ~ I'i ~~' ~ i ~~ ~ 0 ~~ - ~~~~ n I ~, ~~ , o- 1 ~_ ~ ~ , ~ ~ ~~ - ~, ~ i ~ ~~~ ,_ , ~ ~ 'i ~~ ~, t.k n ~ ,,, ^y ,, „ . .r,~ ~ I ,. ~. ~. i i i~ '~ -~ ~~~. ~ ~ -, ~d. <. to ~~~ ~ .~ a /' e ~ ,g ~ ~ ~ r" "" ~ , d - - . "~ ~~ ~ , ~', ~ ~ k,,.. ~ i - Y ~ ,,, ~ ~ ~ .. ~ ~, ~ r pp % '~ ff .. V _ r ~~ r / ~~, / ,f ~~/~Ar d-d °~d v ~ ~u_.. p, @ ~" ~, ~. ~r " d i ': ' ~ , /! r~ fir: ~1 N 1 J ^ ) f ~ e° ~ 1 I { q, d~. Y ~,~ rp J 1r 0 ~~ ~ ~' i - i i! ~ n ~ ~ .?~ a,~ 'y 4.... i; i i ~ ~ ~ ~ ''' ~ i ~ ~ ~ ~~ ~ r 1 ,~ ,..i . . ~ . s ~ F. , 4 i I ~. { i ' ~ ~ i'_ i „,~~ , ~ I' /i i n i ' i i~,. I ~ ~ ; r I ~ ~ I I ~~ ~ I I, ~ ~ ~~U~ fYa/ia ,.i. ,,.. ~ ~, ~' ~ , ~~~~,,. ,~ ;r~ ~ , , . ~d T _ ~ m. ~1 ~,~ t ~ ,. a2; t , , j r ,- _r ~~.:~ r _ i i ; , , i I. I ~ ~' ~~ ~n ~~, ~~ i , ,, ~ ~~~ i i... ~ I~ ~~i~ li - ! t.., i, i ~~i~ /T ~ ~ i i. I I ~~I~~~, I f ~, ~" a. K. k.... ~i .t r"` ,.. " ~ / !~ "~-p J ~.~. r I ~ t ( „~ r ~ ~ / ~,r ~,, ,~~ a, t I__.. ._.. _.. I I ~ ~~ „ii... I %. R. o. I_ 1 ~ ~ .~. ~x5 +° ~ S ~ ~ , r~ I+ ~ , ~ M1 I ( ~ ~, ~ ~ I h h ~V" 1 t' ~', i ~L y`' 1 ~ STRUCTURE "C" CIRCA 1941 FLORIDA WOOD FRAME VERNACULAR (ORIGINAL HOUSE TO THE PROPERTY) . ~ I)Util~nwtN~,.lllt.ll?IUI?~)3 °""~" ~ ~~ ~"""~""~i i ~ ~~'~~ Rc~-isctl t)t)/(S3Il?tl ' ~ i ''T; ~'~ 1'f'll V.[j tl Ui I~n -~~ ~'. :r)I'(''~I ("i'~ be c~mpletrd b,y al! appiicatits}; Ct~mplclc [he I7loeks Itelew. lncfuc[c ,ilC work, t~cw et7tt:arrt~ iun, atlter~tlions, cic. ~ µ. "' ` Y Pro~cri ~cirirc,tialto;i um ~r i .m- , ~l~ I" .tutrc u ~ ~_- .,, ]~oscrifie arurk and im~acl ot, cxistin~ ('c~lurc: nE~prux. <lat~ c~~ IcaUt c ( ~~ n I~e~ribee~istin~, fcaha-e~and ~Isciondili~i~~ m _ ~ ~ ~ ~ "; ~I~~' ICI ~~~ ~ ~~ 1 .. ~, a i ~ _ ~I ~ l ~ 1'haicr l7er. f3l'a~wit~~ tr~, ~ , i _ n .. ... ..~ E•ealure °" I~c.4crihe wrn'k <ttui in~pacl an ekiztiitg Ic<tllu~~: Ala~rox. dstte ~ ~ •: ;tai, ~ ~ ~ ~~~~~~ sir i ~~k -~- I~LXI'I'IhC eX1.~nL'~ gill ~C t~il~i El4 C;S 1~Clllll111:° .I, ~ ~ P ~ ~ ~~ ., ~, I'L'`.i1lUt'C ar ~. A[~prctx. d~t~ nl't.aCurr w Ucscribccxi~iittg Penliiru ni~d il~icoitCliticm; i ~ i° ~ r - m { ~ ~~.~ mmw~. ~ w c I'ftolo c~o.~ I)rawii}~, i}u. i~ctiaiUc work and impact un exn(in~, ir,Utuc: ~, "` III ~ i u ~ % ~` ~, l~rv ~ .,a~ ~ ~~ d~, ,~,~ UUS I urm ~}~,. II1211:ICIi2~p Rcvisc~d u~~rtt3nu~ ~, _ f'tz)I>cny klcnlilicali(s^ i~.plinncr - ( ~ tl, ~ 1}rol3~rty A(Idress I ~~~: ~ ~ ("Cdltl4'l'., w _ _ 1~CtiCl'I~~ 1~1~t11'li dn(! ii}}!}Y7(11 (117 CXttitlll~; ICJUISL: Apprn,r. (late of I'o:7lurc - - ~"~~~ ~ m f)cticrih<~~ei~tin~ I'ralur~ al7(1° it~conlvl~ini~•. ~ ~ ! t „ ~ ' ~~~~ ~~ ~ t ~ ~ ~ ~ " ~ ~ ~~rr w~°' ~~ 6 I ~ " ~ t ~ _ ° ~ 7 ' !'hots) tug, 171°rtv.~ir)g n(). ., ~ w 0 ~~c~}itlt•c p ~~ I' t)cscrihc wnrk t7ntl an }acl on ~atsit ~ A } >rnx. (late t,l~ li.aitlr ~~ ..,. ~ l~t~Cl'I!)t;fi~XlStin~! ~CiSfLI(`l'_8I7(i IEtiCOItflIIlUn: ~ ~ ~ w ~ i .~_. I _ ., - ~ i vm~' I~~ ~~ .. ( _ ~ 7I 1 ~ ~~ . ~ - ,~~„~ ~ u, ~ ~ - w (~l)OlO ISO !)PilWlt7b 170, _ .•,_..__, {~ 6 ~,, - ~ ~. i it '-.,~, - _ ~ y - V a _ - ,~ , ~' Ce:attn•c .® ~ II` ~ ..--~ - -.. ~ I~cscl•ihc Wot~lc and irnlr7el rn7 rxisting Icatu+~e: ' Appros. d~qe t~f fcalui~e 1>c:;u~ib~ rxisiutg Icatn7•c and ils co~ulllion: ~ m '~ . y ~ t ~ t~ ~ III ~ , ~~ ~ " ~ 1 bolo nn° h)r a~~ n ~ :- - ~ ~ , ~~ ~, I~ t . ~~~ ~. ~ w~ ~ t 7}~; n. ... VI ,~ ~ ~ ~ ~ ~ S ' ~.~~m~ d S _ IX)S }=nrnt Rrn. 11)tZI: it)i?<}~ __ _._ _._ ~~_i ~ l . .: -~. ~. - iIV I'rnptriy ldcitiiSieari~.~it ?1~.u~~thci ~ .~ ~~.~.~, ~~ ~~,:.. ~°" sw~.,~~~ ~' 1'rupr`riy ~dclr~ss G ~ ~_..._ ~ , .~- i~~ealut"c ~ ~ T~escrihc nark ~uui irnp~tct ~ttt csi~ung ie~fure: ~_., _ ~1y~~rox. da(c of fc~turc: '- __._ ~ m, ~ ~ a.. ~ , Dcscribt; c;-,~f~~l'rt i~aUU"e- arul (s ionli(iatt: ~~~ w. ~~ _~ t "~ ~ - ~ ~ ~ ~ I~ Phato ttr~~ .__ .. ` t~t'awirtg na. ,:_. ~ .. ~ " _ ~ __ ~~ ~. ~ , ., ~ r , .-.(_.. 1°. ~~. _ rk artd impac( an cxisUn~; learurc: ~nfr~ Uc:~~cnbc v,~o /~pltrox. c[atc of I~~ui~~ ~ ~~ ~ „~ ~~ascf"ihecxisri~tg li~urra~ttnri}n~,,crn~difi~~n: ~i ~ ~ ~~ n o ~I ~ ~ ~ I ' f l~~a Pho~c} nr ~ ° t)rawittg no. P ~ r ,, __,___ _ -_ _ _. _ [~eatru~r __ ~ e Altltrox. rlatc al`Ic~tlw"o ~ 4 Da4crittc csisting Ic;tturc and its l~~i~ ~itir~;~.: ~~ ' I ~ ~ r w - 9 ~ ~ ,~ ~- 1'luttt~ ttr~!" ~ ~3r~wirtg tto. . _ pcscrihc work Wuxi i~ttpaei art ixisi",,~~ Ic~t(urc: . m "" ..;~ ~~ ~.. . ~. ~ ~ ~. r ~~~~ ~~ ®, - ~, ~+ -~-~-- ,., R' ;~,: ,. r.. r ., ,.. ~,, ~~' i ~. ~, , . ,~ :; ~~ ~~ ~ ~, ~„ u. ui i ~,, , ~„ V .. ,~ p ~' r ~ E s f,~~~~~~~~ I ~ ~ ~~ ~' : -, , ~ I~' ~~ ~~ ~, ~ . ~ ~; ~ p, ~~~~~~. - _ ~ ~r ~~ ~~~~~~~~ , ~~,, ~ ~~~ vi ..Il ,,,t ~ r ~.~ ,~~. ~,,., , ° I , ,, i, o 6 ~ i ~/ i~ ~~ %~/~.% I f/ /~~~ ~ ~~ ~~ ~~ ~~~ ~ // „~„~ ~~ ` ~ , p ~ r ~, r~ ~~ ~!' ~ u ~~ ~~~ ~ y ." ~~~ ~ r~~ ~,~ ~~r~~ n u ,~ II i i uP. ..... ~~ ~. ~ i i„ a ~,~~~,,,, i a (, ~ ~i r - -.~~ %fi ~ ~ ~. _.. ,. ..: ~- ~.. ~i /~~ i ~ ,, ~ S I t ~. i r~ , ~ u ~ I` ,_ i ~.~ - ~, ~ -9 u ' i ,i ~ ~ ui i wll iJnhnr t 1 lr ~ . d{" ~ , ' in J ' t ~~ 1 !itlpi ,. • , V h9; ..,~ , , ~ ~ ~ .R i. ~''~ .i, Hf1i '. . I ~~ - k , ~~, _~. in uoum. ,,: i ~ // r ' ha7~ / r ' i. I p ,. ,; ~~ d! Y:, s. ii ,: ... '.. ~~ ,~ _ 91~ i it II . ~I Ip ~ ,. z, ~„" ~, ski t i ~( i i. ~ i i, i' ~ i ,i d i ii i ` ilil ll II II . , A r v , ' i ~: ... ; i. ~~ I i iii. i .~ ' Ilia:. III ~ i,... ' ~~ i ~ /: ~~ Ir i-.,~ ~~ i ~i~ .... li.. II Ili. ~i~~i,,. ~,~ ~:' Ir. II . l If ~. ~ i ~ /~ ~ ~ ~ ~~ ~ i 6 ii i li '~li ra, %I I Il t / II, i ~~ ~ i V f ~' ,,,,. ,. ' iii.. I' ~~. r .. i f~ i ' c i ~.: -l 15L i r. ~.. l.. Lr ,, rs-~„ '' ~n 1, r ~,,.. r , ~~~ r + ~`S.. I z~h ~, t ' lip ~~.: i. , .A ~ ~* ~ 4 i ~ 4 'r. ~' ~'y~ i. ... y ~I I it ~, ~ ! ~ ~ 1 ~I~~~; ~ I i ' A ~ ~ " ~~ ~ '.~ ~ i. x / 1 I 1 1'i. Y i / ~.1... ~i1,: i,......~ =~~"~ ' '~r~~h~~~~, ';Ili' , ;;;;. ;: , -~~~ i~ I r. I ., ~~` , ~~~,~ ~~~ ~~ :~` -, I ~~~ ~, ;, ~ m / ~~ ~ ~ ~, ~ ~ . ., ;-~~/ , ,,, . ,,r. i' :. / ~Y ` . ~ .; ii, ~~ ~ i~;r ~ ~' II III '.;. ii '.:. ~~' III i~.~. it ~l~ c n~ iiii~i.~ ~ ~' i,} ~ { ~''IIIIII~ l 1 ,~' „~ ~~ ~ y ~ ,~,`, ~~ .. ' ~~ ; ' ~ ~ . %~ lip ~ ,~y i ~~ . 3 . ~H.«Y- ~ ~ , ~~ ~~~ ~ . ~ ;" '` ~ ,, ,- ,~ ~w ~ , ~- ~ ~ ~ ~, ~, ,, err'". ~~ r ~ ~ ~ , ~ ? ~ . .~ r v . ~ ~ ~ i 4 ~ ,,:. ~ A k L ~ ~ -. ~ ~ ~ S * ~' ~ . I / ~ ~~/ .. ~ i ~ ; a ~n i% ~ ~ a. ., `/ / ~ i i 4 ~ i - ~~... I ~ f ~'ii, 1 ~; C ~ ~ . S $~. / ~ i ' / / ~ ~ ~ rj'q ~. ' -.. ~ ~ ~ i 1 i!,~i.i ~~ - i ,. ~ ~ ~ !I ` ~~~~" i, y i 'I iiil ~~~~i~~ II ., ~~~ ~~ II I ~ ~~ ~~ II~ i i ~~ ~ . ~ u II~~~ 'i II ~ III ~;'~: d~ ~ ~~~ ~~ ~~ ~~ ~` ~ ~~~ ~ ~~~~~~ ~ ~ ~~. ~~~ ~~ ~, r ~~ ~ ., ~~ ' ' ~ ~ i ~~ ~~ ~ ,. , ~~'/r° ~j~ ~ ~. ~~~ r ~~ 'Gl.:iO//-.. ~,~.,, iF i l r ~ ///' i ~ a.. irr~;; ~~ i. '7. r ~~ r ns . %AC ~ ,~ r ~.. .u~ s ~~~~~ i ,, ~~ i l~` 7 C ~ ~ ~ .,~ '' ~~~. ,~ ~ i ~ ~~~ ,. ~~ ra j. _ ,, ~ : i::': - i ,.,.~ . ,, r ~i i i .,~..,~ 91Iq ~- 1, ` ~ ~4. i ~li r < r ~? ~ i~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ u ...~ ~ r ~,_ o: J . , 1 1. ~- r~u ~' - ~~~ r „i i i~ 4 ~ :,, - ~ p ~ f f~ai,,, ~m ~: .. tM ~~ ~ ~ ~ ~ ~,," ~ i I I ~ ~ ~ ~ ., .i t f I. r Y~~~~~ 1 r ~~ i~~~ '~ f „; , ~~ ~ ~~ ii/r, ~,4' i .. ~ o ' ~ ~ ~~ rig ~ ~' r ~~ x „~ ,, ~~ oti ~~~ r ~ -, ~ r ;~ ~uv ~ a ~ mi"~ I tl i m//i s. .~ ~, ,. r., ~ ~. _. ~' ~ ~, Ily ~~ ' r %/~ ' ~,':, ~~~ ~.,. .,. ~ r n~ ~~ ,, , ~. ~~~~ ~; m '~ ~ ' ~ ~: i ~ i , 1 i ,r j i ~'.'l r~ ~ r i~. $ ~ ~ ' ~ i / / ,~'~ ~ ' , I /~ / ~~rl ., I l , ~ ~, .. ~ / i / ~wi ~ a , / / 2 ~ F' gr r .~ ~ 1 r~ ~ S d/ I ~... ~ /~'. u r ` /~ e ~ ~t, i n/ ~~ / / ~ ~ y' ~ ih ~ , t ~~~ ~ s /~` , /r 4r , ;. ~ r N, ~ ~ r~ ~ ~~ ~ . ' / r r 1~ I, ~, . " s i ,,..r ~ . ,. , .. ~ n ~ ~~ ~ 'ili'. ~~,~ r 1~ y ~ ~ ~~, i!l d[!. ~~ ~ / ~~ )1~~ ! f 1 r r ~ ,t 1r~yR/Yrr~ ~ 11 /I "y ~ r { ! ~ / ~:, ~ I i r: ` ~ ~ ~ ~ ., ~ r III ~.. ... ,~I:i rye- r'I//~' l~. %~ r '~ ~ ~ ~ ~ i ~Y / i ~ r „'~ 1 ,~- ,. ~~ ,. ,~ , ~ ~~ ,Iii . ~~~ 9 ~ ; ~ ~ iii ~ ~~ ,~~ i ;~ ,, .... ~ - ' , , ~~°„ ~~~~ ~~~~ - , ~, , , - ~ , , ,,<,,: ».., ~.h ~~~ P ~.~~ Ft r ~1 ~ ~ , _ . / i f , II it ~//_. 'I Y. ~~ i ~,i ~ ~ 1 r ' ~ ~ Y f IIII III II~IIII I~~ r'.. ~~ ~I • .' ~ ~ ..:. ((( yµu4 ~,. ~ ~ r V !~~ ~. ppp ~ `. n ~. y~ y4 ~ I 4 i ~ ~~~ . ~ ~ 1 i .1 ~l :~ ~~~~~~ ,,, i / ~, ~ }' ~~~ ' ~~, ~~' ~ ,' ,. ~' ~, ~~ I i~ F' ' ,~ s r is ~ ~~ ~~. .. ,. ~ ;~ a ~,~~ ,. ,'r, r I ~ ~ ~ f ~,,,, II ~ ~: ,, r, ,,, ~,. ~ a ~ ~~ ~ . .: . ~ !Ili~~~i„~~, ~ ~ ' ~ ,; _; ° luquul ~ _, i ~ ~~ tiW ~. ~~a.,, i ~ ~ ' ,Nv Ali _.., i r ,. ~ f , ~~, ~~ ~ d ~ i ~. ~ t ,- ~~ . _ i,~, ro i, ~~ . li p. i ~~ r'. ~~~ I ~ ~ ~ ._ !~ i ~ t ~~ i ,l, ~i ~4 ~ r i ~ I II 111 II ~~ i ~ . ./t It ~ I u \ .. b i I i , ~.. IIII I ~ , , i r. ~..i ( ' .. i 'i ~ '~ ii „, . i ! ~ i' / J ~~~ ~Ir ~ I Illfy III ~ ~ , ~ ~ .L ~ ~ . t I ~ ~, I u i . • ~ ~,~ 1 I ,. - I ~ i.. 1 i i r, Illy _ __.. 4 i i ~~ ~ ~~~ u wi J ~~ i ~i~~i~, i~ ul ~' .,, i i I ~;i,l s~ ; I ',. i ', /r ~ ~ r rNi ~~il ~ ~: ' ~ i I ' ; i~~~ ~ u ~,~i ~I ~ ~~ :, ~ ; r ~' ., ~ .. „~, , m' i ~til~ r,. ' ,, n ;,, ~ ~ r.. .~ f 1 ~~ ~~ .,III ~~ ,r.~ .. v ' _ _. ~ ~, ~ t t~, ',~ .. - _. _ - i;, ~~ r . _ - II W ,' .: r,~, lu a II inr~ ~ ~ ~a~i r i ~° i r ~~ ~ ;: _ !. ,~ ~ ft w ~ ~ ~ ~ i l~ n ,`' n ~ ~_ ~~ ~ i 1, ~ ;.~ ,: ~~ ~ ,. ~ ,. , ~', ;if r ' -- i ~ ~ t ~ ' ~ : ~ I , ~w , -;. ~i S ' 1 i . ~ ' ~ .. _ t N I ~ 1.1 ~ / 3 /~ ~ 1 i ~ . ~ f i ~ r n ~ ` Y ~, .. ~ i ~ 95 v J iir ~, ~ ~, l fr ~~S ~ y~ ~ '. '_ 1' n ~ F i. ~ ~ r ~~/l I ~ 1 ~~ %~ ~ / ~. I I ~I~ ~ Y!,r 5 ~ I ~,. . . 1 F ,.~ .N ei I ~,, ~ //S ~~,. .~ i ~. r 1~ ` * e , '. r . ; ~ 4ri4 .~. ~ , ... -, b . .... .. . , ,, 6, ~ ,: ~i,t - I~~~ /I s ~ kY r~ f ; ii c ~. ~ t s - ,. . N' . .. ~ ~,: .: '. ~ ~ d ~ s e i . li I ?' I ~ 1" I fp, i ~ y/ ~V L 6 ~ ti i~ ' ; { ~ ~n~rl~~~S£,~Y ~,, ~ Vr~ a ell t i ~,, ;: / N ~ r ~ tlr`? ~/~ +f f~ ,- ~ ~ .~ ,i ~ ~~ I ~~ skl)~ _ „' ~,,.. l~ / ,// i i~ ~~ r. - ' ' ~ ~ ~~ 1 r S ~ /% ~ i ~ ~ 1 s i : .,.r r i,i ~ ~ ... ~ ~ .. .. ~ ia~ . ,~~ 1 1 1 ~_ ., ~. I ~, ~ ~ I 1 '4 I ~_ ~ ~ ~. 'I - I, I E - i~ ~ ~. 1- ~: ~. .. i ~ i i ~~~ ~ i ~1., j ~ ~.. .. i I 1u" ~I ,.i ,. r }' L ~~., r' r. ~ _ ,Lid I~ .. _ ; •.I ~ ~ ~, ~ ~i ~ ~ ,, „ i ., ~ ~ ,:.: ,~, .. ; ,~„ ,, ~_ i ~ ~i ~~ ) II ~ i ~ '.~ I ~ . ~ ~ I~ ~ I~ i. ~ ,i ~ ~ '! ~ ~ ~ ,. i ~ ~ ~ I~ ~ ~ ~ ~ i 3.7~; .. i ,a ~ ~ ~ , i i 0 i d ~~ ~ J ~ ~ ~~ ~~/i ~ ~ ~ ~r i ~ . ~ ~~ ~ ~, . ~ i lii~ ~ d~i~ i ~ ~, ~' i f r- C'~ I ~ !' . ",.e i d~ ~ i ° ~ ~' ~ J ~ ~ .„ - a ~ ' ~ ~ r ~ i P ~ v ~~ ~ ~ ~~ t ,i, i Y - III i ~~ 7' ~ ` ~ ~ } ~~ ~ '~ ~ i ii ° ~ '+ , ' , " ~aa ,F ' i ., ' u, ~ t ~ . .. i ~ ~ .,. "s , ,~' ,' r r r r„ ~ , `( ~ ) ' i ~ ~ E d:; ~ ~ . , 7 ~ i, , ~~ ~ I IIIIIIIII~ ~ , i ~ ~ ~~ ; ~~~ ~ ~ ° r$' ~~ ..~, . ~. J i ~~ 1 Y 'r I ~ ~ $ ~ ~ f ~Jr3, i ~' ~ ~ ~ ; r t ~y~,°., ~~ ' „y q~ ii a:,~Y ?~ ~ „, ~ t ~ tK . , '~ 4, , ,.r ,~ i „ r ~ l i -'-' Ml " l~ i ... ~ ~ w v~ ~ ~ 4 i ~~ -. ,. t /i' ~~ff i i t ~ ~1 a i/n ~k ~, / >~ ~ ~ ~ I / ~ ~~~ ~ J " i~ ~ r ~ ,. ~ .. . 4 .. k' - . . ~;,. ; ' Y ~ { VI l ,. _. ~~ ,~ ~~ ,. ~s rr ~~ ~ rl ~~ ~ . ,, I ~; ~~~ 6 ~~,'.~; ~,° ~ ~ r.' I `1, . ~ I ,., /" ,~ I I -' ~ ! i. III I iii!. I ~. I ~ ~ i %' , I ~~ ..-.. i II '~,' ii ~ ~~ ' ,, t A: i iii . -. II,; ~;~ . ~ I fi~ / 11 ~~u///~//ii d i_ I ~~ Ili - W ~ "" I ., II l ~ ... ~ ~ . / ~~ I / 1 ~ v//i~e~}~ ~, I. ii I i ~,~ R lip ~ ~ d1 w r1 ~ ..' :. .: /%,~ %~~!~f ~ ~, ~, ;. ~ „~~ ,~~ i........ ~. ii ~~~ ~, tluVl II r, i u ~' ~,,_. i n ,~:... r ~~~ ,~ ~. f ~ i ~ ~ - ~ ~ _- ~,. 1°' " ' i i , j 11 '~'~ f y is I~ S E ! r ~ ~ ° } ~ ~ ~~ ~ ~,i I. ~ ~ i ~ ~i' ~ ~ '` ~ ~ I r ; ~ !. ,:., ~ ~ ' ~ ~, i /t .. ,., I ,_.. ,.,,. '' '~~ ~ !. r :, ~~ ~ ~~ ~' ~ ~ 16;. .. } ~+ I ,~, .~r~ ', ;, , I ,~,; k~: I { 'r~~~ / / i ~. if 74~ 5 fi ~. I '.. Mr <,, 1. ~ . i I'i ~. d!,~~ t i t ~ ~;Y` ~ H~ ~.1'~ ' ' II i 6 ~ ~III' I k 2 , ~ ~~ IIIIIII ~o.. i I I. l..;' ~ I ..,; ; ~ . i r ] _ ., f>,~ lu! ;,; ~, d. ~p~,6 .~~ ,,, .: J~~~~ „~~~~~~ '~,.. u V ~~~~ i,,.-,. ~ /,,; ~ ,~ ~ ~ umlu' ';~~' iI~~~Vil „': a ~,,; ~ , um Ili ~~ ~,,, ~ ~~ ~~ ~ ~V ..,. ~-,..,,. ,; IIIIIII,~ I. r:Sf ,. ~ ,~~~~ i u i. uil iii ~~,~.:' u i~~illl~ of Ilu ~~,. it s' Ills ilJl~ ~ ~ ~ in .r. ~ r- i ,~: --.. - ~~ :. ... ; uo, i.~ " v ~~, IIP ~~, i. ~ ~ ~~ ' di ,. „~ i;r uli u ,,, ~~% ~;, i I ../ h u ~ij ~~~~ ~ , ~~. ~, ~ G~„ , wig i ~ ~ r , ,' `~ iy~ . ./,i .. _ / i, _~~~ .,. ;mr a~. i i r' °~ n i ~~ u~ u. u ~ ~.~ r ~ ~ r~!tl t ~ f ,~ /r '~ ~ I ~ ' ~ ~ ~~~ 9~ ~~ ~j~ w. ~~ ~ ~ ~ iii i ~~ VIII ~~ ~ ~,,, ~,. u ,y~ui III I~~ jl ~. I. ~ ( G IIII~ ,,, ~~ ii ~~ III ~ t a ~ ,,. ,.~, ~ . li`. ~~~ ~,,,. ~I IIII ~ ~mr, I luu ~' in. ~ I ~uO ~~ i a~~ ~ i~IG ~ ~ : ~ ~ r~ ~~ ~ , ~ i- ~, ~ ": i o i, ail ~~ r ` r mu i ~~ i ~ ~~ ~ '; ., a0% uutl y ,,~ ~~ ~ „. Illlu u, , I ~ .~ ~ ~~ „, f;: a ,r. i ~ uuuillu ,~ ~~ ,,, r iu i~ ~ ~ . lif Iq h ~ ~, i ' u ,,. .,. IL- ~~ "r~ . ~" IIII '~~' i ~ ~ II ~ ~~~ ., ~l /rr ~i IIII ~~ i tir G., ~~,~ ~. ~~ ~ c ~ .i. ~ ~ ~~ Ilk ~~~~ u e p,, ~ ~'~; c':,. ~, ~ ..~ ~~: IIII,, ~~' ~~ w n f` ~~ P.~ mlll' / ~ ~ ,... I ri,.. ` ~ lls ~i(u ii i ^. r r l: ~ ~ _ Ham: .:g Y ~ . ..,.,; ~ I, ipW / ,... ~ i lll ;; e/ of I. „ ~~ rrl pJ,,,, v i I ~~ ~~~~. ~„ ~ / ~ Y ~ Y N. ~, n cY .. i , i" ,'ir ,,,,,,.. ~, i ~ y ':, I~ .,IIII' ~/.~,. l` i ~:, ,~ .~:~ ., ~~~ umll~lllli ~~u~~~., BEFORE SURVEY LAPdC suRVEVORs PALM BEACH COIL~NTY: (561) 737-6546 BROWARD COUNTY: (561} 391-4388 FAX: (561) 734-7546 219 S.E. 23~d AVENUE (GOLF ROAD) - i POST OFFICE BOX 759 BOYNTON BEACH, FLORIDA 33435 MAPPERS SOCIETY Established in 1975 A ARC LENGTH ~ M MEASURED A/C AIR CONDITIONER MAINT MAINTENAiJCE ADD ADDITION MH MANHOLE ADJ ADJACENT OR ADJOINIIJG N0. NUMBER j RE ANCHOR EASEMENT N.fi.S. NOT TO SCALE ALUM ALUMINUM O/H OVERHR"JdG ASPH, ASPHALT O.P. OPEN PORCH B/C BUILDING CORNER O.R.B. OFFICIAL RECORDS $OOK BCR BROWARD COUNTY RECORDS OJS OFFSET BLDG BUILDING O/W OVERHEAD WIRE5 ELK. BLOCK P PLAT BM BENCHMARK PAR .PARCEL BNDY. BOUNDARY PB PLA`T' BOOK B/W BACK OF WALK PBCR PALM BEACH COUNTY RECORDS C CALCULATED PC POINT OF CURVATURE CB CATCH BASIN PCC POINT OF~COMPOUND CURVATURE CBS CONCRETE BLOCK STUGCO PCP PERMANENT CONTROL POINT CD CHORD DIRECTION PG PAGE CJB CABLE JUNCTION BOX PI POIIJT OF INTERSECTION CLF CHAIN LINK FENCE PK PARKER KRLON CM CONCRETE MONUMENT POB POINT OF BEGINNING ' CMP CORRUGATED METAL PIPE POC POINT OF COMMENCEMENT CONC. CONCRETE PP POWER POLE COR. GORNER PRM PERMANENT REFERENCE MONUMENT COV. COVERED ~ PRC POINT OF REVERSE CURVE D DEED PT POINT OF TANGENCY DB DEED BOOK FVMT PAVEMENT D. E. DRAINAGE EASEMENT R RADIUS OR RECORD I DOT DEPARTMENT OF TRANSPORTATION REC RECORD E/F END OF FENCE RES RESIDENCE ElP EDGE OF PAVEMENT RET RETENTION I RETAINING E/W EDGE OF WATER RNG RANGE ELEC. ELECTRIC RIW RIGNT-OF-WRY ELEV ELEVATION SAN SANITARY ENCL ENCLOSURE SBT SOUTHERN BELL `~ELEPHO]dE EM ELECTRIC METER SCN SCREEN ESMT EASEMENT SE SOUTHEAST FIC FENCE CORNER SEC SECTION F/L FEJJCI; LINE SEW SEWER FF FINISHED FLOOR SN&D SET NAIL & DI5K LD #2102 FH FIRE HYDRR~JT SP SCREEN PORCH FIP FOUND IRON PIPE SR&C SET 5/8 ROD & CAP LB $21D2 FIR FOUND IRON ROD SR STATE ROAD FN FOUND NAIL SRC SET REFERENCE COR1dER FND FOUND STA STATION FN&D FOUND NAIL 5 DISK 5TM STORM FN&T FOUND NAIL & TAB STY STORY EP&L FLORIDA.POW~:R & LIGHT SUED SUBDIVISION . GAR ~AFLaGE T TANGENT G/W GUY WIRE TB TOP OF BANK " FiW HTP,L WALL TBM `T`EMPORARY BENCH MARK ID IDENTIFY, IDIJNTITY TARNS TRANSFORMER INV INVERT ~ TS~dP TOWNSHIP IR IF;ON ROD TYP TYPICAL TP IROtd PIPE UE UTILITY EASEMENT L LENGTH UGD U3~JDERGROUND LB LICENSED BUSINESS WD WOOD LC CHORD DISTANCE WM WATER METER ~Po LD LEGAL DESCRIPTION WV WATER VALVE I ~ LFF LOWEST FINISHED FLOOR " ~~ LP LIGHT POLE LS LAND SURVEYOR ~ ~ ~ CENTERLINE ~ CENTER ANGLE x x METAL FENCE ~~~ ~ // // WOOD FENCE " l' ^ CI -- ---~ CONCRETE FENCE ~y 0 ~1A - - ~1 ~p 1~/~~ mil, /o o° ( n v E/ 4 e ~ 1 ' a°~ 11, ~ q {\~~ t,°p I~ ~ FOUND 5j8" L L' ~ ,f@LSN ROD No I.O. ,10 LDT 13 `~~ BLDCK 61 EXISTING RESIDENCE F.F. ELEV. 19.10 131.00' PLAT t ~~ti 2~ ~ y LDT ]4 W ~` BLDCK 67 ~ v~ ~a~ L~ ~ LDT ARE 0.22]9ACRESQUARE FEET ~ ~ r ~~ ~ W .. ~a W A_ ~ ~} 1 1 o e _ _ ~1 .,p, ~ rn j ~ ~ =`~p~°,f ~gy `~~ o brae •~ 4a.~ ~ `6• W-, t~ ti CONCRETE ~ F ll ' {~ Q ~ Q Q .•--1 O 1 ~ al . r ~1~0 T ~~, . `~ a1 ~~ i ' ~^ ~ ,~ ' L ' 1 ~, 6 WOOD FENCE 1.0 t SOUT}i~, ~ `~. `~. ~ I FOUND 1J2^ ~ I 4 IRON PIPE No LD. ' ~EGERIDe F, F. - FINISHED FLOOR , `n°~ -- ELEVATION - t/ --- •- WOODEN FENCE -CENTER UNE ~ THE CENTERLINE OF N.E, fST STREET SS ASSUMED T© BEAR DUE EAST, " CALCULATED MEASt1REMENT PARCEL CONTROL NO. 12-43-46-16-01-067-0140 FOR THE BENEFII~~ ©F: ROGER COPE, TRUSTEE OF 7NE LAND TRUST AGREEMENT DATED NOVEMBER 13, 2003 GEORGE W. MATHEWS, I11, P.A, ATTORNEYS' TI3LE INSURANCE FUND, INC. NORT1iERN TRUST BANK 33.9' 3.6' a~' S.0' U za 17.5' ;~ c- 9.9' ' ~ r r U UTSUTY ROOM 4.0' ,~. ONE STORY ~ 1.0' ~ ~, 3.0' N RESIDENCE N ~~ ~ CONCRETE ri 5.0' F.F. ELEV. 19.10 e W000 STEPS 33.7' ~ 32.3' 8.4'O ,y1~ % 131, 0 0 ` o°,P L A T - 4 Wooo FENCE ~.s'f souTa~ ` L`16 31.0 ~~ ~ FOUND i" `~ ~^ IQRN PIPE Y LDT ]~ No I-D. o BLDCK 67 ~ 4 ~~ o~ WW z~ J ~- ' d ~s NORTFt RIGti7 OF WAY UNE , ~' , `~ FOUND 1 J2". IRON PIPE No 1.D. .~, _~ n ~, `~• `'`~o ~ ~ ° .a tI ; n I~I.E, SST STREET MILLER ST. - PLAT DUE EAST ASSUMED ADnRESS: 114 N4R'I°HEAST 1ST AVENUE <}ELRAY BEACH, FL FL000 ZONE "X'~ COMMUNITY: CITY OF DELRAY BEACH, FL COMMUNITY PANEL NO.: 125102-0004-D MAP REVISED: JANUARY 5, 1989 __-~ "tea w~ w ~ Q,m~~~ ~ ~~~, _ ~ .. C ~ ~ ,. . ~ ~; „ ~ ~~ '~ o, . I ,~~~ ~ . ~ , r I~~~ .~ ~ ~ u ,~ ~ ~ ~ ~' ~~ ,~ _. ~ p ~ , ,_ I ~ ~o~ ,:. ~ ~ q ~ ~,~ ,., ~ .~ ~ ~I _ w -_ - i , _ ' ~ ~~ e~ ,~, e ~ , - , , ~ , ~ s~ r..~ , -,- ~ ~ ~, ~ o p ~ ~,. ~"„ I~ ~~ -_ ~_ ~.~f_ auk h~l I,~V R~7 kP~&~,u, ;. ~° _ _ ~ a~ I - ~ °,L,L _ _ i ~ I~ i _ ~ ~ ~ E' ~ - , ` I .- ~''L._r ~'' _ ~ - %,_,: - _ .- a. ,~~~~. ~~~ ~~ ~ ~ -,-- - _ _ ~ti, _ . mm~~___.. ~ ~ ~ f ~ ~ -~s_, ~~~~, ~ ._.,,~- ~ ° ~ ~ .. , - ~ ~ __- f , i ._ i _ _ i II 'r ~, ~ ~' r~ ~ ., irrw: zmrnr~rmvvvu'vm ~ my i ~ 6 L i. ~ i t i _ ~, ~ ii ~ _ i ~ ~ - ~ n 1 ! I q.... ~,.+~-,, ..~ ~ryy~-, ~ ~~~ ._.. _._.~.-., :, a. ;:. ^AM'IPIM. .._ _--.~vr::..~ ' ~" ~_...__Y.,. .. ~_~R::-.. IX ryq +~+ua~ ..... ,...,~.,, ~ VII ~ ~ I 4 ~ "s M~ M ~I R f I u v ~i ~ ~v w A D O ~ . . ..~m ~ d~ ~; 1 N~.~. 1~ ,I%. •.,•. .. , .. wwwmwwaw -may ~ nnn. ~.w~.. ~.~~~.~. ...... .w.~ iii ~~~~ ~. ... ~.. ~, i~ ' ~' r'k. b,l ^V 'bJ.i ~ .. y~" ~y g (gyp ~M ~ry ry~ '. Il~b~ ~.~r'~ ~~ ~N4~: ~~~~~ ~P~~r~ ~ 8~~1~.,tl"~~I~Nui'~ ~!~!4.~~ r ~,"~~~wr -~ ~, ~ ~~.. AFTER SURVEY r - -- __ ~, _ _ _ ~: .;; ~~.LM ~~~~~ ~~L,~IvT~~"o (561) 737- 6546 ~R~~J~I~.]E~~ ~~I.T~~~"o (561} 391- 43~~ ~e (561) 734- 7546 219 ~aE~o 23x°d ~~I~I~T~.T~ (~®L~ ~,~.~~) ~~~T ~~1~~`I~E ~~~ 759 ~C~~~T~~I~T ~E~.~I~, F']C~~RII~.~ 33435 AFFILIATE MEMBER d, r II 1 j I (~,. i - I 4 ~'~ , ti j. FLQRIDA SURVE~'I~r~ AND MAPPERS SOCIETY' IL~~El~1~ ®~ ~~1~~5Y r~~~~~~'~'Y~1~I~ A ARC LENGTH ~ M MEASURED • AJC AIR CONDITIONER MAINT MATNTENAA3CE , I ADD ADDITION MH MANHOLE ADJ ADJACENT OR ADJOINING N0. NUMBER AE ANCHOR EA5EME3~T N.T.S. NOT TO SCALE ALUM ALUMINUM OIH OVERHANG A5PH. ASPHALT O.P. OPEN PORCH B/C BUILDING CORNER O.R.B. OFFICIAL RECORDS BOOK BCR BROWARD COUNTY RECORDS O/S OFFSET BLDG BUILDING OjW OVERHEAD WIRES $LK, BLOCK P PLAT BM BENCHMARK PAR .PARCEL BNDY. BOUNDARY PB PLAT BOOK ~- B/W BACK OF WALK PBCR PALM BEACH COUNTY RECORDS C CALCULATED PC POINT OE CURVATURE C$ CATCH BASIN PCC POINT OF COMPOUND CURVATURE CBS CONCRETE BLOCK STUCCO PCP PERMANENT CONTROL POINT CD CHORD DIRECTION PG PAGE CJB CABLE JUNCTION BOX PT POINT OF INTERSECTION CLF CHAIN LINK FENCE PK PARKER KALOId CM CONGRETE MONiJMENT POB POINT OF BEGINNING CMP CORRUGATED METAL PIPE POC POINT OF COt'~iENCEMEI+IT CONC. CONCRETE PP POWER POLE COR. CORNER PRM PERMANENT REFERENCE MONUMEt~fT COV. COVERED ~ PRC POINT OF REVERSE CURVE D DEED PT POINT OF TANGEIJCY DB DEED $OOK PVMT PAVEMENT ~ D.E. DRAINAGE EASEMENT R RADIUS OR RECORD i DOT DEPARTMENT OF TRANSPORTATION REC RECORD E/E END OF FENCE RES RESIDENCE ~E/P EDGE OF PAVEMENT RET RETENTION / RE'I'AItJING E/W EDGE OF WATER RNG RANGE ELEC. ELECTRIC R/W RIGHT-OF-WAY ELEV ELEVATION SRN SANITARY j ENCI, ENCLOSURE SBT SOUTHERN BELL TELEPHONE ' EM ELECTRIC METER SCN SCREEN I ESMT EASEMENT Si; SOUTHEAST F/C FENCE CORNER SEC SECTION ii F/L FENCE LINE SEW SEWER FF BINISHED FLOOR SN&D SET NAIL & DTSI{ LD {2102 FH EIRE HYDRANT SP SCREEN PORCH FIP FOUND IRON PIPE SR&C SET 518 ROD & CAP LB X2102 FIR FOUND IRON ROD SR STATE ROAD FN FOUND NAIL SRC SET REFERENCE CORNER FND FOUND STA STATION ~ FN&D FOUND NAIL & DISK STM STORM FN&T FOUND NAIL & TAB ~ 5TY S'T'ORY ~~ FP&L eLC~RIDA POWER & LIGHT 5UBD SUBDIVISION GAR GARAGE T TANGENT 6/W GTJY 'WIRE TB TOP OF SAN]{ HW HEAD WALL TBM TEMPORARY BENCH MARK ID IDENTIFY, IDENTITY TRRIQS TRANSFORMER INV INVERT TWF TO4JNSHIP IR IRON RGD TYF TYPICAL ~ IP IRON PIPE UE UTILITY EASEMENT L LENGTH UGD UNDERGROUND L8 LICENSED BUSINESS 47D WOOD I LC CHORD DISTANCE 47M WATER METER LD LEGAL DESCRIPTION 47V WATER VALVE LFF LOWEST FINISHED FLOOR LP liIGHT POLE ~ ~ I LS LW313 SURVEYOR i CEI~ITERLINE 1~ ~ CENTCR ANGLE x x METAL FE14CE 1/. /1 WooD F>;NCE ^ O CONCRETE FENCE I ., 1 I`~ /nt~ E! /~1~ ~ -~ ~~ r~ s ~ ~~ `S t ~ LET 13 _~ ~ ~ - _ /; ~; BLACK 67 UZ ! r ` _ ~ (' ~' L /~~ ~ EX{S1iNG RESIDENCE F.F. ELEV. 19.10 '~ I 126.00` ;'. EIEL_D' 13L00' PLAT _ ,~ ~ n `r. ' ~, ~ ~ ..z ;t : ~ .. ~U i l ~r Y7 ~: - J '~ - ~ . ~ "T' r - 'Y ap 4 r- ~ ~~"fi~tt }) _ ~ ~-.. --- ~ ~n , ~ ! 1 ~' /2~,~ ~ S ~ J a ~ Q' , . , , J Q q ~ ~- J , .. / ~'~ p ~ - I-.. . ~ ~, .. - ~ , ~ ~~ - -. r ~ ,~ " " . ~. - ~~ __ ~~ ~ j, N .~ ; .~ i •- - - - ~I ~ ~'. ?0.43 ~. ~ ~ ~ - -~., ~ _ 8. l 131 0 0 ` ~ P ~ A T h' WOOD FENCE 1.5'~ SOUTH `t ( fi' WOOD FENCE 1,4't 54UTH~, ' 31.4 1 a . ~~ -~ ,'i~s i, JG f J1: •`~~'•~~ /. ~.. ' I~.EGENDa F. F, -FINISHED FLOOR `p°°~ -ELEVATION - // - -WOODEN FENCE -CENTER LINE THE CENTERLINE OF N.E. fST STREET IS ASSUMED TO BEAR DUE EAST. " CALCULATEb MEASUREMENT PARCEL CONTROL NO. 12-43-46--I6-01-067-0140 FOR THE E3ENEFIT OF: ROGER COPE, TRUSTEE 0~' THE LAND TRUST AGREEMENT DATED NOVEMBER 13, 2003 GEORGE W,~ MATHEWS, #II, P.A, ATTORNEYS' 71TEE INSURANCE FUND, #NCo NORTHERN TRUST BANK ,~ _ Y LET 1.5 ~• a BL.#~CI~ 67 a a ~~ o °- ~~ zW ,. , a a w ~ - NORTH RIGHT OF WAY LINE tt f,f - // r . J rr u c N.E. 1ST STREET MILLER ST, - PLAT .~. ~ -- - - DUE EAST ASSUMED ADDRESS: 1~4 NORTHEAST 95T AVENUE DELRAY BEACH, FL FLOOD ZONE "X" COMMUNITY: CITY OF DELRAY BEACH, FL COMMUNITY PANEL NO.; 125102-0004--D MAA REVISED. JANUARY 5, 19$9 ~5~,l~J~ri 25~ F1ELD ~ l O L1~~ F- i W I ~ J I' z ~- W I Q ~ J ~ !~ `~ f~ ~ ~ Lb Q ~ ~ J (~ H ~ W l~ I~ z 0 ~ ° J 20' ` J J Q a a z ~- x~ a "' ~ l-, .l / .' a z ~ p,1 ~ 25' FfELD ` 1 S ENCH: - - - ~ - ~ . 1. ~ r6 n 9 ~ h r Td ~ 9 ~ ~b ,a .., -...~ ....:. -- - --. _ .... ._ o ...... _s h ~..;'k s. , ~ odd, ~< ~ •us .,~ ° ~ n 9 / 9 r 10 = Z !O ~ ~ 2 ,v ~ ~ 2 b , !f : 3 rr ~ 9 „ ~ 3 !/ /2 . ~ . a /z ~ .a ,2 ~, Q j2 , l3 > ~ .5. l3 S r3 ~ ~ S f3 ..... .._ 7 1- 7 ~~ 'g .Z,.p B . 9 ~ 3 9 ` !O • ~ 4 10 ' LOCATION MAP (NOT TO SCALE) LEGAL DESCRIPTION: LOT 14, 8LOCK &7, CITY OF DELRAY BEACH {FORMERLY KNOWN AS THE TOWN flF LINTON), ACCORDING TO THE PLAT THEREOF, AS RECORDED 1N PLAT BOOK 1, PAGE 3, OF THE PU8L1C RECORDS OE PALM BEACH COUNTY, FLORIDA. 4 ^~v 1~/cst %. ~' 7"~Gi~%' oi' -~c: .~-'•'1c'a. ! k .,UT ELEV. 16.73 ' ,r~;l"~G / ~`",~~~ v r:'rf /j jj`t 1 /i= Filf~ ;~ rf1:i o C/r' _ c' ~t' C?G~•i~G'n~~l~, G71~/~1 Lfo.Sjc.c;. Fi/t. o BOUNDARY SURVEY ~,~e1~,;c~ tt,r'~1 ~. Cndel ~/o~j~s ;3s/~~ _ 0 ri i HEREBY CERTIFY THAT TWE SKETC1i SHOWN HEREON IS A TRU£ AND CORRECT REPRESENTA~fION OF A SURVEY MADE UNDER MY U' DIRECTION, AND THAT SAIID SURVEY iS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. THERE ARE NO APPARENT GROUND ENCROACHMENTS, UNLESS OTHERWISE SHOWN AND THAT T1•fE SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION d72,O27, FLORIDA STATUTES AND CHAPTER 61G17-6 OF 7HE FLORIDA ADMINISTRATiY(•i CODE, 1 JjJ i , / // ~ , r -.~.........._, _ - DATE: •` ' s REGISTERED SURVEYOR N0. - PROPERTY SHOWN HEREON HAS NOT BEEN ABSTRACTED BY SURVEYOR FOR RSGHTS-OF-WAY, A?'IDfOR EASEMENTS ~F RECORD; ELEVA- TIONS SHOWN HEREON ARE BASED ON N.G.V. DATUM UNLESS OTHERWISE NOTED; ALL PROPERTY COP,I~ERS AftE InON ROD WITH CAPS, UNLESS OTHERWISE NOTED; FOUNDATION OF EXISTING BUILDINGS LYING BELOW SURFACE NOT LOCAILD, BEAR#NGS .AND jOR ANGLES SHOWN HEREON ARE BASED ON RECORD PLAT OR DEED CALLS UNLESS OTHERWISE NOTED, h9E'ASURCMEieTS MADE IN ACCORDANCE WITH UNITED STATES STANDARD. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LiCENSEl.1 SURVEYOR AND MAPPER TH1S DRAWING OR SKETCH iS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. COPYRIGHTC4 2005 BY RICHARD L SHEPHARD Z ASSOCIATES, iNC. - AL! RIGHTS RESERVED L8 2 f 02 Joe Tucker tAN~o~ SURt~YDRS RICHARD L. SHEPHARD and Associates 2t9 S-E. 23RD AVENUE $ac~o e (56f} 391-4388 SCALE: ~ s = 2Q' Y BY: SKM DRAWING N0. P.Q. BOx 759 Qoynton (56f) 737-6546 80YNTON 9EAGH, fLC>{tIDA 33435 FAx {ssi} 734-75x6 FIELD DATE: 11 f 03 f 03 FB: 505 PG: i 2 N 0 3 -1 1 " 0 6 DOS Form No. NE?3G101292 Revised 091t)31b0 i ~~:,_rz, , `„r_". I ~-C~s;. I ~ I " ,i i ,,i ^i ,,.[, i~~. l .- i.-~ ~ 1 nr ~ n.~ i ] ~I ~ ,may i ,r Property ldentificatinn i~iumbcr _ ~ r°"" ~ µ B i ~ w Property Address _ ~ t - i _,.... _..........._~ ............ ____. .._.___ ......... JPt'oper~y Use (`l'o be completed by all aFplicanrs): ... _ 'I im .~~ 1. Use(s) before improvement: , 2. E'roposed use(s) after improvement: -• - _w .. __ _ _...__- -__~....... .. __w.... --t--~•- SpeCial Exemptiout {Conoplete only if applying for exemption under a. 19ti.1998, 1F.5. (property occupied by uon-profit organization or government agency and regularly open to the public): N©TE: Applicants should check with local o~cials to determine whether or• not the exemption p1'ograna offered by their municipal governmenf and/or county allows the special exem~tian provided by s. 196.1998, F.S 1. Identify the governmental agency or non-profit organization that occupies the building or archaeological site 2. How often does this organization or agency use the building or archaeological site? 3. For buildings, indicate the total useable area of the building in square feet. (For archaeological sites, indicate the total area of the upland component in acres) square feetO acres( ) 4. How much area does the organization ar agency use'? square feet(}acres( } 5. What percentage of the usable area does the organization or agency use? °lo 6. Is the property open to the public OYes { }No if so, when? 7. Are there regular hours? (}Yes ONo If so, what are they? 8. ]s the property also open by appointment? ()Yes ()No 9. Ts the property open only by appointment? { )Yes (}No DOS Form No. HR3E101292 Revised 09/03/00 PART 1 APPLICATION REVIEW For Local Historic Preservation Office or Division Use Only Property Identification Number Property Address The ( )Local Preservation Office ( )Division has reviewed the Historic Preservation Property Tax Exemption Application for the above named property and hereby: ()Certifies that the above referenced property qualifies as a historic property consistent with the provisions of s. 196.1997 (11), F.S. O Certif es that the above referenced property does not qualify as a historic property consistent with the provisions of s. 196.1997 (11), F.S. OCertifies that the above referenced property qualifies for the special exemption provided under s. 196.1998, F.S., for properties occupied by non-profit organizations or government agencies and regularly open to the public. ()Certifies that the above referenced property does not qualify for the special exemption provided under s. 196.1998, F.S. Review Comments: Additional Review Comments attached? YesO No( ) Signature Typed or printed name Title Date DOS Form No. HR3E101292 _ _ Revised ~9M31gq jl~ti_i~ir'. ,;~x'-,,`~,, ~,.~ ,~~~'~' ~~>e "~5'+r~`~!a ' ,r~,~ _.~~'1'`~' r1sf~~.,.. .._'~~ PART 2 APPLICATION ItE~IE~3' For Local historic Preservatioa>I Offece or I-ivision L1sc Oniy Property Identification Number Property Address The ( )Local Preservation Office ( )Division has reviewed the Historic Preservation Property Tax Exemption Application for the above named property and hereby: ()Determines that improvements to the above referenced property are consistent with the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildines, and the criteria set forth in Chapter 1A-38, F.A.C. ()Determines that improvements to the above referenced property arc not consistent with the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and the criteria set forth in Chapter 1A-38, F.A.C. All work not consistent with the referenced Standards, Guidelines and criteria are identified in the Review Comments. Recommendations to assist the applicant in hringing the proposed work into compliance with the refere~rced Standards, Ga~idelines and criteria are provided in the Review Comments. Review Comments: Additional Review Comments attached`? YesO No( ) Signature Typed or printed name Title Date DOS Form No. HR3ElOf292 Revised 09/03/00 Pane Ten l ~u~f:T':J~nt~ f1~~=( U~ <i6 r,UE';,'i:al ~ ..%`~ II'~~:`,1~ J~$I~ol~i(i1 _'\;u nit, :i,rOrl" Upon completion of the restoration, rehabilitation ar renovation, return this form with photographs of the completed work (views of site improvements, exterior and interior work for buildings) to the Division of Historical Resources or the Local Historic Preservation Office, as applicable. These photographs must provide a comprehensive description of the completed work. They sl}Dula be the same views as the before photographs inctuded in Part 2 of the application, Type or print clearly in black ink. The final recommendation of the Division of Historical Resources or the Local Historic Preservation Office, as applicable, with respect to the requested historic preservation property lax exemption is made on the basis of the descriptions in this Request for Review of Completed Work. J. P'ropee'ty identification and location: ~ Property Identification Number:. ~ _ ~ t t ~ - -~ vI i! Address of property: Street_ ~ ~ M ~ y __. - City:. I w __ _ .i _ . - ('ountY_ ~ _' ~__~.._, ro a}. a'tcl'c{e _®- _ __~ . _t ~ t lld i Projec# starting date„~ _ - _ ~ Project completion dale: _,m -w .... Estimated cost of entire project: $__ _,_ - ~'_ t Estimated costs attributed solely to work an historic buildings~et~Gk~aecalog-isa~l-sits ~ - ~i 3. Owner Attestation: J hereby apply for the historic preservation property tax exemption for the restoration, rehabilitation or renovation work described above and in Part 2 of the Historic Preservation Property Tax Exemption Application {Application) submitted for this project, 1 attest chat the information provided is, to the best of my knowledge, correct, and that in my opinion the completed project can forms to The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitatine~Historic Buildings, and is consistent with ate work described in Part 2 of the Application. I also attest that I am the owner of the property described above or, if the property is not owned by an individual, that 1 am the duly authorized representative of the owner. Further, by submission of this Application and Request for Review of Completed Wark (Request), I agree to a]low access to the property by representatives of the Division of Historical Resources or the Local Flistoric Preservation Office, where such office exists, and appropriate representatives of the local government from which the exemption is being requested, for the purpose of verification of information provided in the Application and this Request. I understand that, if the requested exemption is granted, I~will be required to enter into a Covenant with the local government granting the exemption in which I must a~;^ee to mainf,~in the r'~aracter of the property and the qualifying improvements far the term of the exemption .I-~eFso u,,d~t's art ? wl ~ '~ifcation of factual representations in this application or Request is subject Co crimina ~~~ ~n~ t~~,ik,~ia ,t'r,~ rl ~ i_:~,~v=~ o3t~'larida. ~ .-: ~ w ~ ~ ...m_, ~ l ~_._. __.:..: _.. ....m. _.. ....~______ _ .. I .____......_...__ Name Signature ~ ~- ~~~° Date _t ' Complete ihe.jollowi~~g ifsigningfol• an organ izatior~a n,~')n;r, ii i~ ,air - l;v ~`~e Wert page for additional ow»ers~: tr Title Organization name ~ ' 2. Data on restoration, rehabilitation, or reoovas tun projiec~t. Mailing Address City, Stale_..._. _ _. Zip Code Daytime Telephone Number Ir r r ~l /, r ~~ mr ~' ~ ~~{: ; r~ ~~_ ,rya ,,,,,`,~ r ~~~ ~,;~ Iliii~ IU i,in: ~~., i ~uli I.~,'~, g vr,,,m I ~ . K„ ~' , ~;,.. . s , ,. ~ / r .. ~~ ~ , ,. y /Uiiiii/.,, ,.~~ ~u j i / liupllu Illf~j ~r~ ~ ,,J. I~ l I i II ~~ i ~ /r ~ ~ if, ~%~~// ii%ii ` ~ I l / ii ;err/ III~f% n ~ / /D/%i ~ . ~,,. ie / i I 3,, ^- ~~~ lol ~~~ ~. ' uuu ~~ .< uull „, r ii 9 ~ I ~% , e ~ 1 ,..,~~~~u ,w i%Qn/G, ,. 4ili ,~.. ~ - _, rov I~i;l i~i~G ~%~o ~%r ~,: III III II ~~ ~ llllll d~ ~~ ~~ ~ I V II ~ i°'I ~. ~' ullpul ~. ~~~ ~~ ~ ~ ~ I ~~~ ~ p,~m~~ l r, ~~ ~ ~ c I ~~ I~ u~ ~~, ' i~li II i I~ II ~ ii'' ;Illui uj i ~ , i i ~ i ~ i~ '' ~ f ~ ~ II ~ ' ; IIII ~, ~ ~< , ~ ~ ~~ ~~~ iii I ~. ~ ;z ~~~ , i ~~ i ~ , ,: f ~~ l uugil ~I `: s ;;, ir~_ ~ . ,, , ~ ., ~ ~~ ~ ,i ~c 4 4 ~ s ~ ~'y i ~ %;, ~ ~i i :6m ~~~ s li 3 1 ~~ / ii ~ I I~ it 3 f 11 '~ I7~ {~ ~ A , f ~'!F kR, f i r';, i~b.. S I ~9 - f ~ , a G .f /( ~ f f III ~ f//. ii..i/////' ~j'N"~ ~ ~.... i ~. III, ~. .. .. ~ i III iii I i III II /~//~1 %% ~ u i i. l i I «~. r ,,, r tr ~~~~u ~ ~' ~ ~ i ~~ ,iuo ~' ,,, ~ ,. f~, , ;s w~;' ', : 5 , ,. ~y z <, ~; ~~~s ;.~, 7 ~~ , i ~' { s ~';'~ ~, a F ~~' Sri „, Ii '~ ~ ~' '. ~ ~ ,, .. ,~. ~ , 'Y%, ,, ~ : ~ ~, ~ I . ~ ,. ,, . r` r / Its ~ ; ~~ ' l, i ~ ~T M ~ rl 1 1 s 1! / ' d f ,y 11 „~ yi 4 .. i ~~ *, ~ i tai µ f 1 }},,,~~ t ~ ,l ., ~~,,C,~ ~(K"~ ~' * ~ .' ...• n % f j ,. ~ ~ I f ' I II~~' ~ ~ S ; s , rJr i / d_ ,, ,_. I , ~ ~„ ~ ~., ~r fir. ,, ~, , >.,y, ,. ,, , ,,, ~ ~ , ,; , , ,. , r , , ~~~ , u-~ .r r ri yl' ~,:. ~~, ' h ,y , ~ i ~ fm i ~ ~~ i i ' ~., I ~ ~ I ~~l+Y~ ~I ii r 3 y ~ ~~ _ ~. I~ ~~~ ~. %- I i I II ~F ~~ I ~ ( i E ~. ,.,,~ r ~i i, ., r~uoP...,,:~,. i ~~ ~ ~ / 0- 1 I ~ i ~/ C (, ; ~ i„ I ~ ~';: , i n ~1: !!.' i Il ~ ~ i S, ~,: i luul,, a ~'. ' ~ G' ~ ~ ~ l ~. i ~ !`~. C' ( ~ ~ ~ ~ ~~ n i ~ _ f ~~ ~ ~aG `'r, ~~„" E =-~J~ ~ ~~ o~i 'x 1 ; i ,, ~ i r' ''~ ~ . i i i Y ,~' ~ v .~' r... n. ' l~ : ~ / rP lii~ { Y ~Y ~ ~ y~k 1~~ M~ ~' I{ YNNN ' fw-1 '""r~ ~ . J ~ f . ~~~~~ µ ~ :~"~:; T^^ I n ~1 4 ` W ~ 1 ~~ ' n // 'hV r.~A... it ~ ~ - Y- ~ r ~ ~1. ~ /' ~ r , 1 S t '~;', 1 .~ 4 .,. ,_ ,, ,., ,. , , , ~;i, r i ar .. , ~~~.. ~~. r, ~~ i°. _. ~:. -, _ l,i i °°~jolvil^, I. ~~. ~. .; ,: ~ .. ~.' , ~, Ili ~,~, '^ i ~ ~ ~ ti i ' I°.r.. i, iL % ~~ i' ~ ~ . .~ i m~,,. o%~ .,r it . ~ t L r "fi !.d ~ , „ , iai '„o..._.., a., n i ~ isr ., u ~~~ ...... ,. ;ii ,; ,.a„~~. i ,, ;. f'. r i .. '. ~i~.~. .o.. .~... iii.. i ~ Oii ~... _,.. ,,,, „ ,,, ,,,, umJlll c. 1's ~. ,. I . i i ' ul~° ~ i ~~ ~ ~ ~ ,. ,_ _. ~~„ 1 i ~. 711.. ~~~~R~ i i ~ ~ $ !: , ii ~ i , i ' ~; - ~~ ar „ ~ ~ ~ ~ ~ 1 .. . ~ ~ II r' ~~~~; ~ ~, ~~~ _.. ~ ~~ ~,,, 1 ~; x 1 ~ ,, u ~, , ~. 11,; ~ ~~ . ,~, , ~~ ; . ~ ~fc~ifc~` ~,~~? ~; ~, , l~y, , ,, ~, ~ `,`, ,~~, ., ~.-, fi 1 ~, , ~. , ~ ;; ; ,.; - ss , . ~, f I l r ~„" ~ r4 1 , ~ / f .. ,, ~~ ~NS / , ,1 : rz 1 K~ rr ' ~~ ,. 1 1 .- i' r~ ~ i ~ ~ .~ ~ 1' i J '"ff 1 ~~~.. ~.~ ~S~ f1t+~1 ~. ~ ~~~ ,., .~ ~ .~.~ Il F Y ~ ;'ii I ~ k ~ , 1 Z tllllllll III „ / i , "' u I~illll ,1I ~ 1!, ,,,. Ilia'.;;. I ~i~,, ~~~~~ J II. ~::; t _ _ , ' ~,: ~~ j ~~ ~~ ~~~ r;_ ~,,, ~; I ~ I I ~~~~,~ " ~° ik; ~/" ~~ I {.: .:~ T` __ 1 1 { ~~ ~, r i~ I .. ~ 1 ~ VIII ~~ ~ IIIIIII ~:. III ~~~~,'. '~ ~~ i ~~~~ illlli, J ~. ~.. ~~~ ~~ j.. ::i. I ~/ = i~~ I~~,i~ / l I' i I I ~..~< ~~~ .f`~- I l i r ~ ' 'Il / . (I,. ~~.. i r~. .. i :` ,, _. ~` ,~,,. ~ i r r . ~ ~,4 ~ ~ <- ,x ~ ~ rv ~~; , R ' ,.. `~ ~,re t ~ 'k- ! ~'4 ,~ t~ ~ ~~~; i~ 3! ~ I ~n ~ ~jl~ ~~ ~',y4 f ~ ~~^ ,y ~ y ~~`Y 1 ~ , ~~4 r ~( it f~~„ '~ l ~ t i ~~~ r y r l ai ~ I. ,lil p li „ ~ I fi ,~ ~ ~ i~ ~ / 1 t~"Y ~_ ! ~ i~ ! r I ~ II ~~ }- ~ ~ is % A ~ '// I /, ~ ill~~1. , ~ / / / ;~ ; 7 1 ~ y, 1 . i f li it// ~ i /1 ~ ~/ / / ~ % (~" r- J /, / i ~ ~ iu '~ i i~ / , . . ~~ '' 1 ~. Y i/ ~~ u ~~~ II _ i III i ~s ., !s i~ ~f` O- ~ j //,/ %r,,,.,. ., ~ ; i , ,, '~~,~. ~ ) ~ ,r ` i, IIII +y i( iu ~ ~ `'n ~~I ,~~ ~ ,y i I ~ iiri~ III f _. G " i! r ~ lu ~% ~ ~ n ,~ , ~ ~ ~ ' a, ~ I / ~ ~/ V; / ~i ii ~ , pP r i ~ 3 ~ h ~ ~~ I' ~ ~ ~ ( 1J J ~~~~ Ilui ~F i r~~~1~7 ~ ~ ~ ~ I / < ~ ~ i ~ S ~ Ip., h~ . . ~G~i IIII ~~~~ ~~~~~. / ~~ r ~ ~ ~ II VI I VI .. ~ . ii ~ ~ ~~ ' 11111 ~ I II I I . ~ ~ ~ 1. ~'I ~ I II ~ , ~ f // r~ ~. ~~ ~/ VIII VI ~'i Ills ~~ ~ ~ )i~ [ ~:. . l ] ' II I I i I I~ iii 1111111 ll I f Y IS ~_ /"'. I I '' ll, /~':~ ~ ~~ ~~~ . I ~ ~~ ! ~~~~'~' i~ , , F ~~~ L., ~~ .~~ ,~ z y t : . ;i // `G 5 ^~~~~ 1" wC5 ~ , ~~ ~ (/ ~ // }> ~ /17'.. % / j' ~, ~' i II ~~ ~ I ~~ yy ~ ., i ~ , 4~ ii ~~. ~ %~ // Ii l'I VII I ~ ~ ~~~~ ~ f; ~ I I' ~ ~. / ~ ' !/f~ f, ~ I i ~~,.. ~ i i ,~~~ a ~ii~~. ,,~ ~ i, '; IIII i ....iii i w' ~! .., ' a III III ~IIIIIIIiWi IIII II II ... I tllll uuuu I.. ~~ _... ,... I., '. „ ,, •~,-."'•- ,~ . i ~I~li;% '.:. ~I p/ I1 ~' ,.... ~„ h ~ , ~~ ~ Y r. „~~,.. ~ n kti , ~. . >' IIIIii~~~~. Ilia iii ~~~~. i ~. ..~. / '~~ ~~ ~, I Iiii / l,~ ~~ Irt,~ ', IIII ~~ , . , '; I,~ Ire I ~;; ~~~~~~~~ ~„ uII ~ ~~ ''/I ~~;., I ~ ~ Vu ~ ~~ I i ,r , ~, '/im~i~ ~~ Ir I ~ ~ i , i l~%~f d ~~ I /i ,~ ~ ~~ ~„ i I i il i~ p f ~~~i~ ~~ III II .V IL I, ~~~~~ ~ ~ I . r ii ~ ~~ ~~ ~~. II I ~ ~ I i. ~, ~ IU,. ~ I ~ ~ / ~ ~ II li i; ~~ ~ ~~%i~~%a I II I~ ~. i% ~a ~ 1. ¢.,. U I i. ~.. --„, ,r ~ IIII I II ~ n ,;, ,., '• ~ lIIIIIIII~IIIIIIIV liiiiil, '. I ,r i' ' I ~ I . II VIII ~ III i . ~~ I ~~ ?i~ ~~, ~ I u uI ., / r Ioh i .. .r I IGxo ,w,~Ilh~~ I III ~ i':. ~. I is u, I IIII I O I i. I i . ~~ I _ I I ullll . I . ,.. I r ~.i n„u ,, I I I ;1 ., ~,. ~ I ul/; ((~ ^ Ii I Ii ~„ III ~ I IV III ~~ IIIIII IIII' Ii II IIII Iim ~'. ~ U IIIIII ~'I ': ~ Iv ~,„ ~: id I IL I . II ulllllllllll lu . ,,, ~. I ly u I~i .. i It' ~~~. II III, iu w ~, I . II I I'~I ~ I I d I I I°11 .l r I i~~iT~ _. I fii~ r II u L, „. ~~~ I I I ~ 'I I I ~~ ~ '. u;' piI Ilulllll III ". ,,; I !1'; y,: .,. l it fi ~~N uuh .,u ~n:~.~.. ., ~..,~, ~„ ~. -'. ~: _. ~ :.;, I ~ ,~ ~ ., u a i ., w„ . ~ ~ // "~ I I ~,~ r ~~ ', ~ ;~ ~ ' III I ~~ . ,, ~~ a IIIIIUuulllluidor~ '. ~~ iWOiili ~... ~~~, ~~~ , ~.,,, "^auMlG~„ .,..f ~ ~~I Fem. ' . ,, i~ III I II ~~ I~ ~ ., III .,,'iiuuull .... i o I J II unlwll lull r -III! / I b pl I 4~ it ~~' ~i M ~.:. ~~~.. i ;"'i VIII '. ~~~ iii IIIIIII~ I!~ ~i ,i I ~ i ~; i ~ III;,, I `~i ` { '.~ i ~ i ~~ 1 I,, ~ f• ~ !r ~ ,~~ i r r ~% n ~~ rti<~ , r, " i , %; iii ' df'i~ i n .~ ~ ~~~ I . ;, / ~ ~ I~/; , ~9//ty' ~ i~,/~~~~ ~~~ ~~~~ . li . .., I, r r I/ IIII r.. i/~ IIII l I 1 % n Ir ~. II _ /I/ /r i i III ~~4(. I VIII I III I I I I H} ' II ' III,. i ,.. ~. ` ~ ~,. 1. wr iii ill I/ , v ~f/ r.N~ // it fYi r /~ y. ~} ,.. ~~ - ;'/.- ~. ~'' , i 1.- (: ~i e i ri </ It' u!' I u i _.,~ ...n... ~ ,~ [ir lr ~ ~/ iir i ,,~; 1. ~~~' __ ~ ,... ~ _.. .~ ~ ~ i /%a~ rii/%~id/.~iiDi~/ %f~ ~ ~ ~i~i ~ul~ "~ ,..,,.,,. ~, i,: zr 8 i i ;,' ,ti~ii i. ,... ~~ ~ ..,; _; :, _ ~ r.~ ~' ~~ DOS Form No. NR3EI01292 •, h*,v i red fl`?lE731t~' ~. ~ ~, List Additions! Owners: Sfreet City State 7tp Code If there nre nclrlitinrra! owners, provide the inclieaterl information jar each on a separate sheet ojpaper. REVIEW OF COMPLETED WORK For Local Hisforic Preservation Office or Division Ilse Oniy Property Identification Number Property Address The ( )Local historic Preservation 4ftice ( }Division has reviewed Part 3 (Request far Review of Completed Work} of the Historic Preservation Property Tax Exemption Application for the above named property and hereby: ODetermines that the completed improvements to the property are consistent with the Secretarv of the Interior's Standards for Rehabilitation and Guidelines or Rehabilitatin Historic Buildtn s, and other criteria set forth in Chapter l A-38, F.A.C., and, therefore, recommends approval of the requested historic preservation tax exemptron. ODetermines that the completed improvements to the above referenced property are not consistent wifh the Secretarv of the btterior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic $uildings, and other criteria set forth in Chapter 1 A-3$, F.A.C., and, therefore, recommends denial of the requested historic preservation tax exemption for the reasons stated in the Review Comments below. Review Comments: DOS Form No. HR3E101292 _ Revised ~9~~13/00 ~~. h `kaiT~~ ~1d~`r ~~~i' ~ ~~~ n~v4R ,~~ .;;. ~.. {fir Additional Review Comments attached? YesO No( ) Signature Typed or printed name Title Date `I - ~. ~- p .. a x .. ~ + ~I~ - - 1 7 , ~' , T- E 4 7 i' F ti r NI. IT'I ~.... J 1 ~6 i •. r ~' ~ ~ ~~~ ° e i L• ~ [ i i a N ~ I it !~ h a I} ~ 1 ~ 1. I I ~. ,- ~ .~.~~ K J y ~ I W ~ ~ • I ~ f~ ~ _'.+ R~1. ~y, ~ ~ ~ t~ ~ ~- ~ e I J . • n ' s r ~ ' ~. r f , s ,: .. 4 : ~,. ..~, .. 4 ~. ' ~ ~ r ~ i '' ,r„~ I ~..I '~ I' °` : Jk i. Ib . ~ I . rm, ,~ ~ ~ a ~~ ~ ~.: ~ yi X17 -. . ~ q ii,: G~ J IY. 511 . ~ Ju..~ iii A ° -.,.. YY I 1 I .,, i I ...„..., -, - r I A ..._. _. ~ I I ~ i . , ~` - A I ~y ~ I , i - ~, i ,. ~~~ ~ I ll i:; ~~ ~.. i 1 ("~ I I ~' ~' L ~ ' 1 i I ~a~ i ~ _ ~.. J I, ~ ~ ~. ~ r , " kl ~ . ' I _ ~.~ ~._ i { i i I I I ~ -, -~ °T I - ~. I ~, I F., 1 ~ _ ~ _ ° ~ ~~ ~i. I i ,. I 7 ~-l ~ - ~ i " ' .. i i Y .. ,,.,.., 4 _ I y ~ i '~I i~ ~~~ ~x' ~ '~~ I ~ ~ u~ ~ ~.dr ~L~IE ~ ",., a r~. ~ ~, ~. "~ " `'~ ~ ~ ,; III. 4 ~H!~,; 4 ~ ~ • m I~p I wF~ L + +~ w4 a I 9 x Y ~, •, 4z4~ ~l 1~~1 11 6 11 3 ~. ~ ~I -' I Ll "~~. V L 1' : F '.; F t'.~ ; . yJ; - i V M, j ~ ' '~ ~ ' i `~ ~ ~ l I ' ry ~ ~{ ~_ p ' I LIJ . , " i i '' 4 , o , .! r 1 f a s. ~Pr~ ~ ~ i ti '~. i ~~ f ~' ~ Y B W ~ M NN ~ ~ 1--~X , ~ ~ ~l~ ~: _ ` -; L~ i r LLt , - ~r ~ ~ it J .' ~.~ C LL I wry , m - . 1 {~j ~ I I LI f I`:~ ,I -JI ,.,,,. u~~u •, U e .~. 9 ~ "m, i ~ ~ ~~a ¢ ~ 2F2j~~ ~~~~ a ~5 ~ ~~ w°°` o ~y va J ~' ,~, ,~ .. . , f, x ~x w ~- ~~ ~O aZ LL.I M / l~W~ W® .Z. 9 ,~/~ QO tFF7j ~' s U'~~ X7 i3 J ~~~ ~ e x_~4 ,--1 = f 1 u x Q~~~IJi ne a~>b s ' ~ ~ ~ O ~ ~ 1"0 r V I J ~/ ~ a e 'a ® N J 3- s $a 5 ~~ 5 k ~~ 's 3 2 s" :+, %a Ka V~ 5~j' ~ g , c ~~ 70 ~® 8i C~ e~ t~ 3 E ~~ ~p yypHp YJ ~; 5 y 3C ~ ~ ~~ a] y2 8 ,S tld ~~ vi Q~ ~~ 1~ ? R ~~ 9~ S~ Z O \~ l ~~ i-0-i ~\ -Fn VJ ~ _~ `E ~'u 8~ VY ys tF ~4 ~H F~ a ig o~2d3 ~~ g; iy E` ~ u+ o e ~6x- c~ L ® p ~~ n `~~ t'® a WJ ~ W r V ~ M (i,~M ~ z o f--1 ~ n w 9 tFfj ° ' ~ Y7~ 2FC~~_7 ' % _ ~~ U i' 3 V Qo~~b; 7 Q~~' _ w ~ a , e ~ ~ T'0 f..L J '' 1 •.. )'Z uuv O 1~ ti p -i a III N ~ W ~o ~k~ 3 ~ ~~~€ -~ Fab ~~' j ~ ~ ~ ~ Imo' i `; x ~~e§~!~~ E ~ ~ 9 ~ a,~-~~~ a z b a t ~ ~'~ e H S ,~ s a _~ x ~~ f' a~ $x » ;i Z fl H Q } 1.U J i!-I Jdl J J ~_ II~^ V/ ~l ~~ ~, a° y 7a~ „~. j~ "s a3 g^ w§>. g, r?~ '-~ a ~ fi ;1 ~ GL 4`w ai 3a >4 ha ~ "1 h! ~~ pry ~~ ~a id a4 gd 30 ~~ kA t:3 9; ~~ z ~ ~~ s 8 ,aa' g ~~ =? a gt ~~;. ~~~= ~y~~~ y?.er; 8 ii ~ ` ~ ~v 9 y 6 8 ~ @H Z ~o ~~ ~~ ® J ~s N J LL1 ~ ~ IW~~ (~ ~.JWM ~~Q ZQ v a ~ ~; . ~Ws--' M': ao ~_:~ ~J ~ia`p' _-~: n UcnL` °~ Vi-~ a *-°I = a og E p i #f~u, u W ~ - ~ W $ ~~ s-a ,~ t~ ~~~ ® J ® a ~~ e \~ ® J llJ ~ JN L!J n 2 y d~ 7~ u$ t2 5 u 4 c ~ 9 a ~ w ~ ~ Z 4 Y s ° Y 3 u F $~~3~ x '~~' J - a_.~.. z O } ua w z .O 9-11 v ~p~ X94 ~~: i a 3 5 d a ~Z T ~ 1R~k e' ~' 4 ; i p~ - p~~ s _ ~e~ 3 5 ~~6 i ~~ a A~ ~ S J ~ 4 Y Y a ~M of ~r ~~. 7~ ad ~.` ~p e~ €~ g ~y ~/ a e Ws W z O } w u~ llJ r a 3 ~ L~J M ~wM z Q 911 1--1 U 3 N r , UI ~ F U [n ~ , ~wU ~ , w®>d s Zzw ° ~' . s-~ ~; m ~~ } (J) ~ ~ ~ w O Q w ut -. O z .~ OC O Z ®o ~~ ~~ m ~ V UI ~. .. ;~ _. a. ~~im~.~~. ..._..__ f 1 II ~~ ~:- r ai y Ilk { ~~L M a ~, r ~~ r ~~ ~ ~ ~ ~ ~° ~~ I~ .. f ;, ~~ ..~ -, ,w ~~ , _ ~...,. t k~; _. 1 ;r~~~ 1 ~~ ~~~~ I 4 fir. ... _. h ~., ~ ~ i ~,, ,~.,.,.~~. .,w,,,.. ~..w u i p; _ _ .~. I ~~~a~ ~~~~~~7f~;Jlf'F~ f?~ Ei~~~~u.-.~~~~~'~~q ~~'~1~T~ ~~~,~~~.:a~l`,~r f1 ~~~'t^i:~ .~~.J ~G~}[q~ ~,~1~.~~~~ MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: May 26, 2011 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 RESOLUTION NO. 17-11 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/138 N.E. 1ST AVENUE) ITEM BEFORE COMMISSION The item before the City Commission is approval of the tax exemption request for improvements to the property located at 138 NE 1StAvenue, Old School Square Historic District. BACKGROUND The subject property originally consisted of cone-story, Mission-style residence and detached garage, both constructed in 1925. The structures were classified as contributing within the Old School Square Historic District. A COA (2009-143) was approved by the HPB at its meeting of May 3, 2009, for improvements which included cone-story addition to the rear of the principal structure, and a connection to the detached garage, window and door replacement and alterations, new awnings, swimming pool, and additional site improvements including landscaping, fencing, and hardscaping. ANALYSIS The improvements, both interior and exterior, are complete, and a Certificate of Occupancy (CO) was issued on October 12, 2010. The applicant is now applying for tax exemption status for the eligible improvements, which do not include landscaping. The HPB considered the tax exemption request at their May 18, 2011 meeting and recommended approval of the Ad Valorem Tax Exemption Application Parts 1 and 2. The tax exemption will apply only to the difference in assessed value after the eligible property improvements. The applicant is now before the City Commission for final approval of Part 2 of the exemption request. If approved, the request will be forwarded to the Palm Beach County Property Appraiser's Office and the Palm Beach County Planning and Zoning Department for recording and final appraisal of the improvements. Additional background and an analysis of the request are provided in the attached HPB Memorandum Staff Report. The request contains qualifying improvements under LDR Section 4.51(M)(5)(a)(i)-(iv) and complies with the City's Land Development Regulations, the Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Pursuant to LDR Section 4.51(M)(10), the "Final Application/Request for Review of Completed Work" was submitted within eighteen (18) months of the CO. The City's Community Improvement Department has verified that the work has been completed, passed the final inspection, and the Certificate of Occupancy was issued on October 12, 2010. As mandated by LDR Section 4.51(M)(10), the Historic Preservation Board reviewed the Final Application at its meeting of May 18, 2011, and determined that the completed improvements were in compliance with the previously approved request. Pursuant to LDR Section 4.51(M)(12), upon approval of a Final Application/Request for Review of Completed Work by the Historic Preservation Board, the Final Application shall be placed on the City Commission agenda for approval by resolution. The expenditures associated with the qualifying improvements total approximately $329,670.The tax exemption will be limited to the increase in assessed value (as determined by the Palm Beach County Property Appraiser) and result in abatement of the City and County portions of taxes for a period of ten years from the date of approval. RECOMMENDATION Approve the tax exemption request, "Part 2/Final Application Request for Review of Completed Work" for site improvements to the property located at 138 NE 1St Avenue, Old School Square Historic District, based upon positive findings with respect to LDR Sections 4.51(M)(5)(a)(iii) and (M)(5)(b) and the Delray Beach Historic Preservation Design Guidelines. RESOLUTION NO. 17-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO OWEN G. AND MARY JO CISCO FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 138 NE 1sT AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED M'ROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.51(M)(5); PROVIDING AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the "City"), is designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and significant elements of the City's historical, cultural, social, economic, political, archaeological, and architectural identity; and/or serve as visible reminders of the City's culture and heritage; and WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic properties for improvements to such properties which are the result of the restoration, renovation, or rehabilitation of the historic properties; and WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing for an ad valorem tax exemption for the restoration, renovation, and/or improvement of historic properties (Ordinance No. 50-96); and WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase interest in restoring, renovating, and improving the City's historic structures; and WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final Application/Request for Review of Completed Work, the Historic Preservation Planner shall present such Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall recommend that the Historic Preservation Board grant or deny the exemption; and WHEREAS, the property owners filed a Preconstruction Application and Completed Work Application for review by the Historic Preservation Board on May 18, 2011, of an ad valorem tax exemption for the historic restoration, renovation, and improvement of the property located at 138 NE 1st Avenue, and the Historic Preservation Board determined that the completed improvements were consistent with LDR Section 4.51(M)(5) and recommended approval to grant an ad valorem City tax exemption to Owen G. and Mary Jo Cisco for the restoration, renovation, and improvement to the property located at 138 NE 1st Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission hereby determines that the completed improvements to the property located at 138 NE 1st Avenue, as described in the application for ad valorem tax exemption filed with the City, were consistent with LDR Section 4.51(M)(5). Section 2. The City Commission hereby approves an ad valorem tax exemption to the property owner, Owen G. and Mary Jo Cisco, for a ten year period, commencing on 1/1/12, from that portion of ad valorem taxes levied on the increase in assessed value, between the years 1/1/12 - 12/31/21, resulting from the renovation, restoration, and rehabilitation of the property located at 138 NE 1st Avenue, which property is legally described as follows and which improvements are described in HPB Certificate of Appropriateness No. 2009-143: South 50 feet of Lot 10, Block 67, Town of Delray, Delray Beach, Florida Section 3. Prior to the ad valorem tax exemption described herein being effective, Owen G. and Mary Jo Cisco, shall execute and record a restrictive covenant in a form established by the State of Florida, Department of State, Division of Historical Resources, requiring the qualifying improvements be maintained during the period that the tax exemption is granted. A copy of the recorded covenant shall be provided to the City's Historical Preservation Planner. Section 4. This resolution shall take effect in accordance with law. PASSED AND ADOPTED in regular session on the day of , 201_. ATTEST: City Clerk MAYOR 2 HISTARIC PRESERVATI®N B®AR® III1EIVl®RANDUIVI STAFF REPORT ApplicantJProperty Owner: Gary and Mary Jo Cisco Property Address: 138 NE 15t Avenue, Old School Square Historic District HPB Meeting Date: May 18, 2Q11 File No.: 2A11-Q86 ITEM BEFORE THE BOARD The action requested of the Board is to approve the final Tax Exemption application related to improvements on a contributing property located at 138 NE 1St Avenue, Old School Square Historic District, pursuant to Land Development Regulations {LDR) Section 4.5.1(M). BACKGROUNDIPROJECT DESCRIPTION The subject property consists of the South 50 feet of Lot 10, Block 67, Town of Delray, within the Old School Square Historic District and is zoned OSSHAD {Old School Square Historic Arts District). Aone-story, Mission-style structure constructed in 1925 is located on the property. An original garage also constructed in 1925 is located at the northwest corner of the property. Although it is evident that the front porch and many original windows have been altered andlar replaced, Building Department records do not indicate these alterations to the property. A reroof permit was issued in both 1995 and 2000. A COA was approved by the HPB at the November 7, 2007 meeting. The approval was for additions (one- and two-story) and alterations to both the principal and accessory structures, associated variance requests to the front (east) and side {north) setbacks. While those approved improvements were not constructed, the variances remained with the land. Subsequently, a COA (2009-143) was approved by the HPB at its meeting of May 3, 2009, for the following improvements: • One-story addition to the rear of the principal structure, and connecting the detached garage; • Relocation ofi front door from front porch to each side of front porch; • Expansion of existing arched openings on front {east) elevation to accommodate additional ventilation; • Removal of existing jalousie windows within original front porch and replacement with impact rated, aluminum casement windows; • Replacement of all existing windows and replacement with impact-rated, aluminum windows; • Balloon awnings added at side door entries of residence on north and south elevations; • Decorative, aluminum rails added at entries; • Installation of 12'x20' swimming pool within front yard; • Faur foot {4') aluminum fence along front property line, and a portion of the south property lines; • Hardscaping throughout; + Concrete driveway at rear; • Opening of garage vehicle entry at rear; 138 NE 15~ Avenue; Final Tax Exemption Application 2D11-086 HPl3 Meeting May 18, 2011; Page 2 of 6 • New concrete stoops and steps at entryways flanking porch on front elevation; • Wood fence along south property line measuring 6' in height; • Aluminum fence slang rear property line measuring 4' in height; and. • Arched parapets with coping on addition. The applicant is now before the Board to request review of the Tax Exemption Application far the improvements stated above. In addition to the components associated with the approved improvements, all interior improvements are akso eligible for the exemption. Landscaping associated with this project is not permitted as a legitimate expenditure as it is not interpreted as a "site improvement," pursuant to the Florida Administrative Code 1A-3S. Based on State regulations, an Ad Valorem Tax Exemption can be approved for a project before, during, or after it has been undertaken. The applicant therefore requests consideration of the final ad valorem tax exemption as the project is complete. AD VALOREM TAX SX~MPTiON Pursuant to LDR Section 4.5.1{M){1}, Tax Exemption #or Historic Properties, the City Commission hereby creates a tax exemption for the restoration, renovation or rehabilitation of qualifying historic properties designated. Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on 900% of the increase in assessed value resulting from any renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of this ordinance. LDR Section 4.5.1{M){2}, clarifies that the exemption does not apply to the following: (a) Taxes levied for payment of bonds; (b) Taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article 7 of fhe Florida Constitution; or (c) Persona! property. LDR Section 4,5.1(M){3), explains the duration of the exemption: (a) The exemption period shall be for ten (90) years, beginning January 9sf following the year in which final approval is given by the City Commission and the Palm Beach County Property Appraiser has been instructed to provide such exemption. However, the City Commission shall have the discretion to set a lesser term. (b) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any. changes in fhe authority of the City to grant such exemption or change in ownership of the property. Ta retain an exemption, the historic character of the property and fhe improvements which qualified the property for an exemption must be mainfained in their historic state over fhe period for which the exemption was granted. LDR Section 4.5.1{M){5)(a-b), provides the parameters for qualifying properties and improvements. The subject property qualifies as it is considered contributing within the Del-Ida Park Historic District. The following, {5)(b}, identifies qualifying improvements: (b) For an improvement to a historic property to qualify the property for an exemption, the improvement must.' (i) be consisfent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended; (ii) be determined an improvemenf by the Historic Preservation Board as established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A- 38, as amended which defines a real property improvement as changes in the 138 Nl= 1s' Avenue; Final Tax Exemption Application 2011-086 HPB Meeting May 18, 2Q11; Page 3 of 6 condition of real property brought about by the expenditure of labor and money far the restoration, renovation, or rehabilitation of such property. lmprovemenfs shall include, but are not limited fo: modifications, repairs, or additions to the principal confributing building and ifs associated accessory structures {i.e. a garage, cabana, guest cottage, storage/utility structures, swimming pools}, whether existing or new, as long as the new construcfion is compatible with the historic character of the building and site in terms of size, scale, massing, design, and materials, and preserves the historic relafionship between a building or buildings, landscape features, and open space. The exemption does not apply to improvements made fo non-contributing principal buildings or their non-contributing accessory structures. {iii) be consistent with Section 4.5.1{E), "Development Standards", of the City's Land Development Regulations; and {iv) include, as part of the overall project, visible improvements to the exterior of the structure. STAFF COMMENT: The project meets criteria (i) and (ii) through previous approval by the Board ofi the associated improvements outlined above which constituted its compliance with the Secretary of the Interior's Standards for Rehabilitation, as well as the ruses of Florida Administrative Code 1A- 38, promulgated by the Florida Department of State, Division of Historical Resources. The development project meets criterion (iii) per the COA approval which applied the LDR Development Standards in the assessment of the proposal. Finally, the project meets criterion {iv) as the project encompasses visible improvements to the exterior of the building and related property. LDR Section 4.5.'l(M)(7}, Application for Exemption, provides that Part 1, Construction Application, maybe submitted before, during, or after qualifying lmprovemenfs are initiated, and Part 2, the Final Application/Request for Review of Completed Work, shall be submitted upon completion of the qualifying improvements. STAFF COMMENT: The quafifying improvements were completed prior to submittal of Part 2 as the Certificate of Occupancy was issued on October 12, 2010. LDR Section 4.5.1(M}($}(a}, Parf 1, Construction Application, requires fhat the submitted application contain information concerning fhe estimated cost of the qualifying improvement and be accompanied by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the property. STAFF' COMMENT: The submittal of the estimated cost of the quafifying improvements is $329,670. The historic exemption value resulting from the improvements will be determined by the Property Appraiser's office. I~DR Sectiort 4.5.7(M)(9), Review of Construction Application by the Historic Preservation Board, requires that the Historic Preservation Board review the construcfion Application within 60 days of the Historic Preservation Planner`s determination of eligibility, and; fhat if Part I of the Construction Application is submitted after the project has been completed, the application must be submitted within 18 months from the date of issuance of a CO. Further, if the HPB determines That the work as proposed is a qualifying improvement and is in compliance wifh the review standards contained in Section 4.5.1 {E), the Construction Application and, if applicable, the COA shall be approved by fhe HPB. However, if fhe HPB determines that the work as 138 NE 151 Avenue; Final Tax ~xemptipn Application 2011-086 HPB Meeting May 18, 2011; Page 4 of 6 proposed is not a qualifying improvement or is not in compliance with the review standards contained in Section 4.5.1(E), corrective measures shall be prescribed by the Board. STAFF COMMENT: As previously Hated, the property received a Certificate of Occupancy on October 12, 2010 which was within eighteen (18) months of the application submittal date. Therefore, the project is eligible for review and, if the Board deems the request to be in compliance, it is recommended that the a lication be a roved. LDR Section 4.5.1(M)(10)(a-c), Part 2, Final Application/Request for Review of Completed Work, provides criteria for review of the final application: (a) If the Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with the review standards contained in Section 4.5,1(E), the Board shall approve the Final Application/Request for Review of Completed Work and fhe Historic Preservation Planner shall issue a written order fo fhe applicant. (b) The Final Application/Request for Review of Completed Work steal! be accompanied by documentation of the total expendifures of the qualifying improvements. Appropriate documentation may include, but is not limited fo, paid contractor's bills, A!A Forms 702- 704, canceled checks, copies of invoices, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application/Request far Review of Completed Work and all required supporting documentations, the Historic Preservation Board shall canducf a review at a regularly scheduled public meeting to determine whether or not the completed improvements are in compliance wifh the work described in the Construction Application, approved amendments, if any, and Section 4.5.1(E). After fhe above menfioned review, the Historic Preservation Board shall recommend that the City Commission grant or deny the exemption. (c) If the Historic Preservation Board determines that the work as completed is either not a qualifying improvement or is not in compliance with fhe review standards confained in Section 4.5.1(E), the applicanf shall be advised that fhe Final Application has been denied. The Historic Preservation Planner shall provide a written summary of fhe reasons for fhe determination to the applicant. STAFF COMMENT: The "Final ApplicationlRequest for Review of Completed Work," Part 2, has been submitted as the work is complete. The City's Community Improvement Department has confirmed that a Certificate of Occupancy (CO) was issued for the property on October 12, 2010. LDR Section 4.5.1(M){12), Approval by the City Commission, notes that the approved Final Application/Request for Review of Completed Work by the Historic Preservation Board shall be placed by resolution on the agenda of the City Commission far approval. The resolution of fhe City Commission approving the Final Application shall provide fhe name of the owner of the property, the property address and legal description, a recorded restrictive covenant as provided in Section 4.5.1(M)(13) in the official records of Palm Beach County as a condition of receiving the exemption, and the effective dates of the exemption, including the expiration date. STAFF COMMENT: Should the HPB make a recommendation to approve the subject request, the item will be placed an the June 7, 2011 City Commission agenda for approval and subsequently forwarded to the Palm Beach County Property Appraiser's Office and the Planning and Zoning De artment for recordation. 138 NE 15L Avenue; Final Tax Exemption Application 2411-086 HPB Meeting May 18, 2011; Page 5 of B LDR Section 4.5.7(M)(13), Historic Preservation Exemption Covenant, explains the covenant required in order to qualify for the exemption: (a) To qualify for an exemption, the applicant must sign and return the Historic Preservation Exemption Covenant with the Final Application/Request for Review of Completed Work. The covenant as established by the Department of State, Division of Historical Resources, shall be in a form approved by the City of Delray Beach City Attorney's Office and applicable for the term far which the exemption is granted and shall require the character of the property and qualifying improvements to be maintained during the period that the exemption is granted. (b) On or before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Palm Beach Counfy, Florida, and shall cause a certified copy of the recorded covenant fo be delivered fa the City's Historic Preservation Planner. Such covenant shall be binding on the current property owner, transferees, and fhelr heirs, assigns and successors. A violation of the covenant steal! result in the property owner being subject to the payment of the differences between the total amount of the taxes which would have been due in March of each of the previous years in which the covenant or agreemenf was in effecf had the property not received the exemption and the total amaunf of taxes actually paid in those years, plus interest on the difference calculated as provided in Sec. 212.12(3), Florida Statutes. LDR Section 4~.5.1(M)(16)(a-d), Revocation Proceedings, provides guidelines to revocation of the tax exemption upon violation of the recorded covenant. (a) The Historic Preservation Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms, conditions and standards of the Historic Preservation Exemption Covenant, (b) The Historic Preservation Planner shall provide notice to the current owner of record of the property and the Historic Preservation Board shall hold a revocation hearing in the same manner as in Section 4.5.1(M)(90), and make a recommendation to the City Commission. (c) The City Commission shall review the recommendation of the Historic Preservation Board and make a deferminatian as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph 8 of the covenant shall be provided fo the owner, the Palm Beach County Property Appraiser, and filed in the official records of Palm Beach County. (d) Upan receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1st of the year following receipt of the notice of revocation. The Sections noted above regarding the "Restrictive Covenant" and "Revocation Proceedings" are provided to demonstrate that the tax exemption is binding, and if violated, the property owner would have to comply with the consequences. ANALYSIS The tax exemption request complies with the criteria contained in LDR Section 4,5.1(M} as the Beard approved the associated improvements by making positive findings with respect to the applicable LDR Sections, Delray Beach Historic Preservation Design Guidelines, and Secretary of the Interior's Standards #or Rehabilitation. Therefore, positive findings can be made with respect to LDR Section 4.5.1(M). 138 N~ 1s~ Avenue; Final Tax i~xemptian Application 2011-086 HPS Meeting May 18, 2g11; page 6 of 6 ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption Application {2011-086) for improvements to the property at 138 NE 1st Avenue, Old School Square Historic District, based upon positive findings with respect to LDR Section 4.5.1 {M). G. Recommend denial to the City Commission of the complete Ad Valorem Tax Exemption Application {2011-086} for improvements to the property at 138 NE 1St Avenue, Old School Square Historic District, based upon a failure to mafce positive findings with respect to LDR Section 4.5,1(M}. (Motion to be phrased in the affirmative. See above. RECOMMENDATION Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption Application (2011-086) #or improvements to the property at 938 NE 1St Avenue, Old School Square Historic District, based upon positive findings with respect to LDR Section 4.5.1(M), Report Prepared by; Amy E. Alvarez, Hlsforic Preservation Planner Statement of Significance: Summarize how the building contributes to the significance of the district. This summary should relate to the significance of the district (including the district's period of significance) as identifed in the Nations[ Register nomination or dis#rict designation documentation. is it similar to other buildings in the district in scale, building materials, style, and period of construction? Note important persons from the past associated with the bui{ding, former uses of the property, and the name of the architect or builder, if known. This home a.s associated with the developmental history and exhibits the architectural elements of the Old School Square area Burin the 1920s Due to it h' significance, this building contributes to the Old School Square Historical District. PART THREE -PROJECT INFORMATION Type of request: {x) Exemption under 196.1997, F.S. {standard exemption) ( )Exemption under 196.1998, F.S. (exemption for properties occupied by non-profit organizations or government agencies and regularly open to the pubic) Project Start Date: ~ , ,,~,~,~~ Project Completion Date: ~ ~ 1 ~ ~ ~ n ~ n (Certificate of Occupancy Issued by Building Department) Total Estimated Project Costs: ~, 3 2 9,~ ~ o. 0 0 Total Project Cast Attributed Solely to the Historic Structure: _ $272 , 41 3. o0 PART FOUR: APPLICATION REQUIREMENTS Please provide one complete of all applicable items noted below. ® Survey - Provide a copy of a survey from both before and after the improvements when the building footprint(s) has changed. ® Site Plan, Exterior Elevations, Floor Plans - As approved by the HPB. ® Other Plans - i.e. Demolition Plan ^ Engineering or Other Reports © Attachment Sheets ~- When necessary. ® Photographs - Provide a befiore and after photo of each exterior elevation, all new construction, and all interior improvements. Each page should contain a before and after photo of the same item; provide a corresponding description of the photos and the improvements. Photographs are not returnable, Polaroid photographs are not acceptable. Such documentation is necessary for evaluation of the effect of the improvements on the historic structure. Where such documentation is not provided, review and evaluation cannot be completed. This shall result in a recommendation far denial of the request far exemption. NOTE: All features should be identified with the approximate date, a description, and impact of work on existing feature. All pages should include the property address. ~ Most Recent Tax Bill ~ Applicable Fee, payable to the City of Delray Beach -See cover sheet. ^ Executed Agent Authorization Form Fore F~ifar~~ I~rserva~iorr Flanrror l.l~e ~1nly. T~~o Hitorio Ir~rv~tflora 9~ir°anr ~~ rwdovv~ti do Ni~ar'~o P~ror~~rtoor^u F"r°oprty ~ ~xor~p~ior~ ~lio~ior~ for ~~ro r~~jot ~r~o~~r'~ nc~ ~or~y: q~vi~rr orrr~rrr~t: a.~.~ ~.~ .~~ ~ ~k ~a ~ ~ 4 Ur1e~~~rr' __...w _ _ ~.__ .~ ~,. ~~ ~~ ~ ~ Tea or rir°rtd r~r~r ~ _ , ~.., w.., _ _ _ ..~ _ _ ~ii~l PART SIX: OWNER ATTESTATION I hereby attest that the infiormation I have provided is, to the best ofi my knowledge, correct, and that I own the property described above or that I am legally the authority in charge of the property. Further, by submission of this Application, I agree to allow access to the property by the Historic Preservation Planner of the City of Delray Beach, Planning and Zoning Department, and appropriate representatives ofi the local government from which the exemption is being requested, for the purpose of verification of information provided in this Application. (also understand that, if the requested exemption is granted, I will be required to enter into a Covenant with the local government granting the exemption in which I must agree to maintain the character of the property and the qualifyi~mprovefner~ts for the term of the exemption. Nam Gate Complete the following if signing or an organization r mu iple owners: Title Organization name I hereby apply for the historic preservation property tax exemption for the restoration, rehabilitation or renovation work as approved by the Historic Preservation Board. I attest that the information provided is, to the best of my knowledge, correct, and that in my opinion the completed project conforms to The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic_Buildinc~s, and is consistent with the work approved by the Historic Preservation Board. I also attest that I am the owner of the property described above or, if the property is not owned by an individual, that 1 am the duly authorized representative of the owner. Further, by submission of this Application, I agree to allow access to the property by Historic Preservation Planner ofi the City of Delray Beach, Planning and Zoning Department, where such office exists, and appropriate representatives ofi the local government from which the exemption is being requested, for the purpose ofi verification ofi information provided in the Application and this Request. I understand that, if the requested exemption is granted, I will be required to enter into a Covenant with the local government granting the exemption in which I must agree to maintain the character of the property and the qualifying improvements for the term of the exemption. i also understand that falsification of factual representations in this Application or Request is subject to criminal sanctions pursuant to the Laws of Florida. 1 -~- N...11. 1.,,,._ ~r/f~, ~o C~ ~ c J tore -' C7ate Complete the following if signin or an organization or multiple owners: Title Organization name (~rhis ~~rrri rn~~t be ~ar~npleted by a~L p~a~e~ty avur~er) q c~~r~n & ~a~y~"o ~ Ica ,the fee irr~~ie ar~r~er erf the faAla~rir~ dearikaed r 7' m M1-^v ~ µM1._ ~araperky (iw,~e Neil ~ear~~atiarr); ~aw~~ a~ ~~~~ ~ ,~ ~~7~ L ~,~~ 1 ~~ .C3. f (a~~ ~cl~aal ;~~~~ I-3~t~~~a.~_ ~~.~.~ric~~) hereby etitiar~ to the it of f~elr~ e~ah far per°av~i of ~t°~c acerr~p~tian .~liatian far fibs T; 'I ~L Air L)l:c• ]~e~c "3.. f~rcrp~ar~y Nate t ~ ~ ~~~~ rv ffirr~n tfrt (Ap~licai7tsl~,gent's Mme) to pct dent an r~,y ehif to aca~ilih the abase. i hereby ~leir~ted U aer~kify that I hive exr~wirne the plir,tiiar~ end ht iN tterr~er~t r~ci irrri ~kar~itted ire tr~ie stud aa~.~rte to the best of r~ry ~r~ale~e, >=~,irther, I urye~rtr~ that this p~ialiiatia~~, ttahmer~t ~cl fees ~aeaart~e art of the C~fficii ec;ard~ of the pity af' C~elry ec~h, i='laric~s 2~! ~ by _.. ~. _~~ ~'"~~,,. ~ ~, ~ ~ , ~ I~~a~n to ~e gar h ~raduaect ,.,_._.. ._~. (type of ider~tifictian~ identifia~tian rrd ~vha dick tike r7 ath. ~~~ of ~1a1`~~r~ i ubl~~._ ,° P'rirNte '~li~ie of ~latr blia _ (i ~ v ~ ~ r~~et~re~ ~ i~~ w,~~. II , ~; ~°~ ,° ~ rY~i711'.5wcar~ ~)C Ir ~ ~~ ~ " ~ ~ .~,~,~, ~... '~ _ ~~ ~ ur ~ar1'trl"1NNC°)r"u 'r .__ -- __ ~._~: ._. ~.._ ~_ -. r Wh,,,V,p,,,,r ~~~r1e ~, ~Glurn~. ~"r~T~YS11551aT1 ~~~~~~~" ~7 i3C?NDF.~ ~"~3N.U ATS.tiA1TIC 1~G~1~iN~ CfY., lld C, 138 N E 1Sr Avenue Delray Beach, Fl. 33444 Description of Physical Appearance Prior to Improvements The residence consisted of two single story buildings. According to historical records, the home and detached garage were built in 1925. The Architectural style was Mission Revival. There are few ornaments and medallions. The parapets are stepped and curvilinear. The buildup roof is flat and sloped toward the rear of the house for water shed. There are also arched windows at the front of the house and a number of arched entry ways to rooms inside the house. The house was rectangular in shape and the foundation was masonry block, placed on a concrete footer. The bottom of the floor joists were 16" above the ground allowing far a small crawl space and protection from small rodents. The exterior structure was framed with Miami Dade pine. The existing floor joists were in excellent condition The framing members around all windows were replaced because of water penetration. The rough stucco texture had areas of buildup stucco, creating bumps in the finish. Based on the retards of the property, the front porch was enclosed in 1460. The windows in the front parch were changed to jalousies. The upper fixed portion of the window was oat removed. The original house used wood lath and stucco for the exterior finish. The Southwest corner of the hawse was modified at some point of time as we found constructed using wire lath and stucco, The double hung windows were made of wood with 4 panes in the upper section of the window and the lower section was a single pane. The windows were adjusted up and down with the assistance of ropes, pulleys and weights located in the sides of the window frame. The fireplace was located in the living room at the Northeast corner of the house. It was made of brick. The brick had been painted beige an the exterior and white on the interior. There were arched openings inside the house that opened from the living roam to the dining room and to the hallway. The front porch was 4" lower than the elevation of the living roam floor. This house, as many homes in Delray Beach have experienced, was modified to allow for a renter. The entrance to the main area was thru the original rear kitchen door located at the Northwest corner of the house. This living area included the original kitchen, dining room, rear bedroom, bathroom, living room and 1/3 of the front porch. The apartment's entrance was thru the original front door located in the middle of the front porch. There was a wall built to block the Northern pardon of the front porch. This rented area included the original front bedroom and a small bathroom and the remaining portion of the front porch. The garage was detached and was built on the zero lot line to the North side of the property. The shape was rectangular and it also had a flat roof that sloped toward the rear of the property. The construction and stucco were the same as the house. The structural members were exposed on the inside. The garage floor was concrete placed in sections. The entrance to the garage was through a pair of large doors .The garage also served as the area to wash clothes. There was a washing machine in the garage and a clothesline to the South of the garage to dry clothes. This Mission Revival home stands alone among its close neighbors. Its neighbors include a relatively new duplex to the South; a multifamily to the Bast; A mixed use business/residence to the Northwest and a new single family borne with parking is being added to the North. It is one story while its close neighbors are two story plus. The other properties in the area are cottage style with sloped raoflines and wood siding. These homes are similar in size and are typically one story. They would appear to have been built about the same time as this home. There are many Mission Revival homes in the Delray Beach area but few were built in the Historical District. There are 3 similar properties and a 6 unit multifamily that has the characteristics ofthe Mission Revival Architecture in the District. Ta find a similar building type, you would have to travel North to the next block and lank at Mediterranean Revival properties that are built there. These homes are larger and offer mare low pitched, multi plane roofs with red clay tile. They also have more arches and ornamental designs. ~~i f ~~~, i:: . k ~~ y~ ~ ~~ ~~ YY ~R~.. ' .. 1., ~.~ ~~~~ vr~'~"~''~J ~ti"vy~,tif ~1~1,.~._a. ,. M1,Y, ~, k'~ ~ ? ~~~ ~ ~~~ ~' ~~ ~~ ,i .l ~~ n .. ~ ` p v ^ ~ `} *..,r ~ 1Td" '"' ~ ~ 1 ~ {, '~ ~i a ~ ~ 4 f- ~~ ~ k ,.w, sew ~o- ~rk.S,x,T t ~}. ~i ~~ y j ' 1L.' ~ '3 ` r k '{ Y ' y ~~ ~ i,~ , ;: s, 7 , ~~ ~ ~ ~°~ ~~ _ ~I l', ~ ~ ~ i L , ~~I „ iii ,~ ,.,,.. _. ~ Wyk , ;, ~,..,,, ~. i'~=~" ~' n~' ~. ~f~~~~ :~~ l ~ i~~~~. "~~~ _ .. [t~~~ ~ ~~ Cud. - - ._ .~ a,~~~~ ~.y~:s . y ~ ~ ~: ~~_ gg ~r, r ~ '_ 3 •9 d ~' ~ ~C ~ 'fir ~ g~~~1x ~ p ~~, 1 w ~~~~ ~~ a ~~~, ~~'s -1~,~d t~~,~ s,a~ a r 1 _., ~~~ ~~~~~~~.~ ~ ~~~~~~~ ,gin ,~ ~ ~~ ~~ ~- ~ ~~~ ,. _.d .~ W. L'h/A.M A~'u'~, ~~k&7 RAF ~~tl,~ ~ A4~~~d1;4- ~4: ~LYY~~J q.~ce~~. .. ... ..~~.R:~ ~~~~ _ . h z ,~t ~~a ~ i ~w~ ~' ~~ ~~ ~~; ~" w . ~~~ ~.~: ~. ,., ~ ,J£u :. a~, .~;'~~" : 7 ~ ~~ a' ' ~ r~r~~.~ ~ ~rry ~ ~ ~~'r ~r~r~r' . ~ ~ ~~~. ~ .~ r ~1' ~.~" ~ 8~~~'' . ~ ~ ~ ~ ~v~ pig p T/G"S~c W kl .. ... : Y.' ~' /9y ~,ry (a ~p W ^g~ . ~ v, ~ uy~~ ~ _ M.KMJ2mD' ~..&1i„e r, d'W~.n WYi V_.. Ap ~:~ err-~.. ~- a ~,u~~ ~ ~: ~~~~r~ :L~r.1'1 ~;r~.r~"~" ~ ~[` _ ' ~~ ~ ~~ ~ ~. fir'"~~~ ~~~~C s ~ f , ' 'I~~ , ,. , ~. II,. '"'' ,' "I I~ "~~ ~'~. ~.~ '1~"Y~:7 ~ v r t~.~ ~~~: ~~a Y"p ~w~~'~~°~~~t~~~T. a ~ w °° .r:. • .. . _;_h .~ .tit ~°~~a ~. .. 9 iI _ ~° ~ ~ a "" ._ -_~ ~° ~ ~~~a~m~~~~~~~ 9 I`.. b~~m4.~r A ~ ~F~a ~ 4.P b` '&A ~l &„ d .ffi~I Wpp ;& ~ W W 4 M B p~~ ~ry~ p* yry~p q~.gi ~~g ^ q ~g ^~'p g ~y ~, µ ~ y ~y y ~ .~, p q ~ ~:~ Yt 1~4..~p, i~_ 6~f'p~~k.ii"!p ~ra~drtk ~gffiAFaL,'. &.~. ¢':~ffi. ewA,%N.~N..~d. ti...'. :9', i4w'~P5u4'p!"Y ft" iC ffi ' Y ~' ~ L~ IIN~~d 'b~ ~"~ , i,.~ h '~ r~ . p . q~~ 'p ~ tll~d~'~ ~Y w ~ r g } ...::~L ~„-~ .. ..~ I~' '.. I.«~•ri .~w ,. W ~ l. ~ . A yy~~Wg ~ ,y 61 .1µ ... .. .. pq ~, p ~ ry q 11 e ~ .9. tl. & 4.~+ __ _ W .7 l N' m ~ R. g ~~ ~~ pq px gtlpp yy'yy y6 JJ~~ W b , ~, :~-^ ~. 1 ^~ - J . 4.~.J ILW.F.fl 46,.E 1... I... N. 'n'~ %..N ~. R,.d '~~ ~ ' ~;~1~.°, ~_ Fpm ~~:~~~ '~~ ~ ,r ter ~~~b fl~~ ~~1°r~ ~~~~~. :~~ rte ~.~~ ~°~~ ~c~ ~` .. , ~~-~ ~ ~~~ ~~~~~° ~c~~~ ~a~m ~,~, ~~Po ~~~~ ,: ~~~ are , ~:~~~1~~: ~i ~ ~ d ~~~'~~ ~~~ l~u^ ~, ~. '~~ ,... ~-~ ,; , ... m x -1~ ~ ~. ..~a ~W,_ ~. __._ I~~~ ,„; ~o~u~~i ~r I '.~ i+,~, a ~~~ `,~. ~~ ~I,~.: ~i i '~,ls{=r ~~r 1~, 1' „i~~~ `Vi`i ,~,: ~.. ~"~~ ~~~c~ ~,~ , ~~ ~ z~ pfd w ~. ~ 1 , x r {k ~ , ky ,: ~ 3r?~ ~4 ~ r' i ' _. ~~ ;~ T t ~r' t J {~+A~ ~ A' ~ ~` r ..~,. '9i Y~ r+yl d yr; bf~' ~, ~ ~~ k ~} I~~~` ~~ , ~, ~~~r { ; i, I' ' 4" . ~, ?~ II ~l ~ E' r '.Ly~ 4 ~ A ~I ~~~~`_G... ~1~ ~: ,y3 ~Y ~~~''` ~~.. e ~ 1r~ Y~ _ 'I ~ ~ _,.- a , ;,i~ 4 ~ ~ 1 ~ ~` .~: ~, ,.. r ,, r f;' ~, f~l I S II,' IC I ~~ r~ I ( w r ~ t Iii y ' ~ I U~6~,~ r1 r,1 : g„<, F. J C ~s f ,~~ 4 '~ 1 { -1 ~ ' t~~ t ~3 ,' 111;1 1 ., 1~~~lhj i 1 { ~ 4 ~~~~~ °1~i _ i; ~, ~~,,, l,l~ ~ 1 ~~ ~~1 M~', ~~~ lp ;t I ~~ ~~4~ .". ~{,~ Yr~~ S ~ w' ~ C i r I I i,l ~ ~~~ T' l Y~ '~~... ,4~f Ir. _ - ,~-~ ~.~ ~, ... ~-~ a f ~~~III~~J I i` u! i III ~ " i ~i i mir" ~I ~ ~~ !~ n ~ ~ _ _. r I , ~~ R ~ ~ r ~ ~ ~~,I ~~ i ~ ~o J + , f, ~+ 7 i,,. ~~~ ~u ~~dry 4~~., ^~ .~ •.n.« ., i M .. ~uu~' ~~, ;:. ~.~`~ "rqr~ ~ htil,~,i _,F ~,,,.i. i0„T,,,...n.:..~::.w=w-^-~-w^'r?(Q,~~- '~~ - 4 ~;pfc u ~ ,, u ~ i ~ r% i ~!` ~ r ~~ + 5 ~' a If~ i ~: { '~ ,i ~gc~ q iil. i ~': ~~ ~~~~'~ r~~a^`,. ~,, ~ I ~~ s a _~ ~ i, r' ~ ~6 i, ? d ~'~ i i~ ~ ~ , r ~~~. ~ ~ r--„.. ~.i k ~~,' k ~j wl a. w 1 %/' ~,,, 1, '~i,'~, ~~.. I ~ ., ~f~{'i i ~~ ,' ~~ ';, ', j ~, .~ I ~;~~ ~'~,~~'t'll;;E~ j ,, rs~~.~x~r~.. #~~~ ~ „. a ~" c- irji/llll(11 i sT I~ r3 ~' ~~ I ~~~ Dl2r ~ri~;~l .S'<<t~~ ~yy '~ ti° ~' ti ~E-r l~,.r. ~ ~ ~ ~S~A~, ~ SST 2"~.r•~ Ib'AI~'Y I ~' :aP ~.,rJ ~~Q~, .~~'~' S4.UO ~ cep ,~ ~5 ~ ~. -~ ~' '1! 0,~' ~- ~ ~,1G1-I ~~. 1 ~ J ~. ~ ' I ~ ~i~ u CA V w r ~~. Y~/ 6 ' ~ ~ 1 a ~S d I . ,'4' O,D ' N ~ - a4. ~ _ a . ;~i4_Z~' ~•,' ~ ~' $ C ~Yp ' o, ~„ ~ n LLll ~~ ~ ~ v ~ . e n _ ~ ~f,J.~ 7 E 1~I.C1C~67 g '~ Z ~ `~ ~ ' q ~ -, j ~ ~ ~ ~\ti ~I~fi7 F ~~,~: ~ W ~~ r~' r I .~ :,-,V~ M , a ~. Q~'~Q1~ ~ n ' ,.. ~,ti ~~//Q~/~~/'~Ij0/gyp/y~, , i ,.• ~ I ~ ~ ~pVI~D ry/vl~ I,R• ~g ~ ~~0 ~Uf~NLJl.ilaj~~Cb~ ~~ \~~ ~ ~.~A~~L~J ~^' ~,~° - 2381~~ 15~1'AV~'NtTE ~o~~t~ N ~ i ~. ~ ~~~~~ UNNUNIF7G,~G~ -~r-- A~ /~ ~•f ~' v ~'~` ~~ ~ .~~° ~~ ti°~ S~~T rL"l. R. . `"~ ~~ C.a. • . `- - ~ r ~: Y v3' . - (t ~d~l~~ t~l _ ~ ..1 o~li~uE~~ wr~,'~ ~. ~ ~ ~~P~ ~. E {I ~~ :~ ~t ,, PF ~f ~'~'~~ &~ ~`pS ~~ ~ ~~ ~ ~ -~ _ ,~ ~ . ~~ ~ i - Q~ f -; 4~ ~ c ~JJ_. :;: '~ - ` hl <. ~ / ~ ~ !'. - J 7 ~.. _ .. ~,; - ~9 ~~7 BE a~ NE g} ;f EA E'L N~ UA NC F{ Oi 4 P P P ~~~. ~ D J~~Ii)MfjGfZ~ ~ - - ~ Yi~y ~~},~~ k "v / ~ . I3S.11~~ I.S~'AT~•NL~ ~ ~', L ~ ~t~Ut~Ir] rJ a l L ~' t~~~/ 1 ~, U t~l~J U M ~> G ~C~ rJ~ , - C ~? 1. P n F S i •~' ~' sNaurn~a aasoaoad ~...~~ ,.,~_°'. ~'.."~'.•'~ ~ § Q ,I .,. ~ T 33 ~Y 15~xi NN~ ~W3A~b 4YJ/3Y AM164 ~ ~ ~ ~/ • u r I ~ I ~..~. 3aN3aIS321 O~51J ~Nr SSl~i[IF{7~lV 3d03 ,,,,, q ~ Q ~~ ~ ~~ ~ ~ 4 ~~ ~~ . e ~~ ~~ I ~ ~~ E ~. ~ I I I I I I I s I I I ~ ~ ~' ~ e ~ I ~ ~~ I I ~ m k ~ .q . . , ~ I '' ~ i ~~ ~I~ I ' I I ~€ .L i I ~ I i I ; kl I~ I I ~ I~ I ~ y b ~ ~ ~ ~~ a ~ e e ~ ~~ COiJNTY OF PALM BEACH: NOTICE OF AD VALOREM TAXES AND AI~7N-AD VALOREM ASSESSMENTS PROPERTY CONTROL NUMBER YEAF CMC COLLECTOR NO. EXEMPTIONS ~ .IED LEGAL DESCRIPTION TO THIS PROP)=t~TY 12-43-46-18-01-067-0101 2010 98 101388896 TOWN OF DELRAY S 50 FT OF LT 1D BLK 67 (DLD SCHDOL SQUARE HISTORIC DISTRICT} R - CISCO OWEN G & CISCO MARY JO SEE REVERSE SIDE FOR 150 NE 6TH AVE UNIT I MORE INFORMATION DELRAY BEACH FL 33483-5466 ANNE M, CANNON, CONSTITUTIONAL TAX COLLECTOR SERVING PALM BEACH COUNTY PAY ONLINE; Ga to our secure website at www.taxcollectorp#~c.cnm. The website has easy instructions to ... _ follow and allows you to print your receipt. ROAD REVERSE SEDE 131TFgRE CALLItJG A D_ V A L;O R E;M T A X E 5 REALsRL1~ 5E„S1D~t~Fd RL CALLING:!. TAXING AUTWORITY TELEPWONE ASSESSSED EXEMPTION TAXABLE MkLLAGE TAX AMOUNT COUNTY 561-355:~~96 244,005 244.n05 4.7500 1,159.02 COUNTY DEBT `_~n1-3`~5-399j ?4~[U05 '44,OE15 0.2460 60.03 CITY OF DELRAY BEACH ~L1..~=13-7123 ,?14~FiiJ.~~ 24'l f105 7.190D 9,754.40 CITY OF DELRAY BEACH UEB"I- 307-2~3 7 1~:?= ~ I F:i{; , (244,005 ' 4.6002 146.45 CHILDRENS SERVICES COUNCIL 56'1-740-700U' `:^44,Uii5 244;005 4.7513 183.32 F.LN.D. 561-627-3386 244,OD5 244,005 0.0345 8.42 °"°°°'°~"' PBC HEALTH CARE DISTRICT 561-659-1270 244,OD5 244,005 1.1451 279.41 SCHOOL LOCAL 561-434-8837 244,DD5 244,005 2.4980 609.52 .....,.,. SCHOOL STATE 561-434-8837 244,005 244,005 5.6560 9,380.09 SFWMD EVERGLADES CONST PROJECT 561-686-8800 244,005 244,005 0.0894 21.81 SO FLA WATER MANAGI=MENT MIST. 561-686-8800 244,OD5 244,005 0.2549 62.20 SO FLA WATER MGMT - OKEE BASIN ~~ 561-686-8800 244,005 244,005 0.2797 68,25 .....+~ ~- TOTAL AD VALOREM 5,732.92 K.GAkJ KkVtl{9t SEf7L- 13ENL7RE CALLING:. N01~j-AD VALORE~V1 ASSESSNIENI'$ LEVYING AUTHOR[TY TELEPHONE..:.. ll~- RATE AMOUNT SOLID WASTE AUTHORITY 561-697-2700 166.00 DELRAY BCH STORM WA'•. ER L1T3LITY: 50 -243-7298 63.96 TOTAL NON-AD VALOREM 229.96 TOTAL AD VALOREM AND NON-AD VALOREM COMBINED. 5,962.88 AMOUNT DU W EN POSTMAR ED BY Nov 30, 2010 Dec 31, 2010 Jan 31, 2011 Feb 28, 2011 Mar 31, 2011 TAXES ARE $5,724.37 $5,783.99 $5,843.63 $5,903.25 $5,962,88 DELINQUENT APRIL 1 DETACH MERE "SEE REVERSE SIDE FOR INSTRUCTIONS AND INFORMATION" bETACH HERE COUNTY OF PALM BEACH: NOTICE OF AD VALOREM TAXE5 AND NON AD VALOREM ASSESSMENTS _ - _ ,_. . ~R~~rl=err r.I~t~rRQ>-r~~:~n-~6~~ ~~A~ ~ir~~ ~ ~ o~ l F~ r~ ~r la~~ r 32 4346 16-Q1-Uo7~~1E}1 2010 1Q1 ~no~,JE~ ~~~ CISCO OWEN G & DISCO MARY JO 150 NE 6TH AVE UNIT I DELRAY BEACH FL 33483-5466 LEGAL DESCRIPTION ~u~l]~u~~o©>~1 lbuQua9tiG~tg~ TOWN OF DELRAY 5 50 FT OF LT 10 BLK 67 (OLD SCHOOL SQUARE MAKE CHECKS PAYABLE TO: HISTORIC DISTRICT} p,p, t30X 3353 Tax Collector, Palm Seach County WEST PALM BEACW, FL 33x02-3353 AMOUNT DUE WWEN POSTMARYCED BY Nov 30, 2070 Dec 3i, 2010 Jan 31, 2011 Feb 28, 2011 Mar 31, 2011 TAXES ARE $5,724.37 $6,783.99 $5,843.63 $5,903,25 $5,962.88 DELINQUENT APRIL 1 ""SEE REVERSE SIDE FOR INSTRUCTIONS AND INFORMATION*~ MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 20, 2011 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 GRANT AGREEMENT/F.W.C./MANGROVE PARK BOAT RAMP ITEM BEFORE COMMISSION This item is a request for Commission approval of a grant agreement with the Florida Fish and Wildlife Conservation Commission (FWC) in the amount of $102,500 to provide funding for reconstruction of the Mangrove Park boat ramp. BACKGROUND Subsequent to completion of Mangrove Park in 2007, the City began receiving complaints concerning the steep slope of the boat ramps at the park. As a result of the steeper than normal slopes, the new ramps are not being utilized by the local boating community. In attempting to resolve the issue, staff went through several iterations of redesign to lessen the ramp slopes, finally arriving at a plan which included a dual slope configuration, allowing launching vehicles to remain on a slighter slope while trailers would ride a somewhat steeper slope to assist with flotation and launching/retrieving activities. Due to budgetary constraints, Commission directed staff to pursue grant funding to provide construction dollars for the project. Subsequently, staff made applications for grants from the Florida Inland Navigation District (FIND) in the amount of $87,500, and from the FWC in the amount of $102,500 for a total of $190,000 estimated construction cost. The FIND grant was awarded in the amount of $85,740 based on available grant funding and the FIND grant agreement was approved by Commission at the October 19, 2010 regular meeting and fully executed on November 3, 2010. The FWC grant has been awarded in the requested amount of $102,500 and the associated grant agreement is attached for Commission consideration. Attachment H to the agreement will require execution and submission to FWC with the agreement. Approval and execution of this grant agreement will provide a total grant amount of $188,240 for construction of the boat ramp reconstruction project. Subsequently, we will proceed with the competitive bidding process and contract award for project construction. RECOMMENDATION Staff recommends approval of the grant agreement with FWC in the amount of $102,500 for funding of the Mangrove Park Boat Ramp reconstruction. u,_ •.~ ~ 1 ~~V~~ - 3~r~}.' ~~~ ~ •) -~ ~ . May 13, 2011 Florida Fish end Wildlifo Con~erv~tion Comml~slorl Richard Hasko, Director Environmental Services Comrnissioners City of Delray Beach Rodney Barreto 434 South Swinton Avenue Chair Mfamt Delray Beach, F'loxzda 33444 Pilchard A. Corbett Vice Chair RE; Florida Boating Improvement Program (I+'BIP) Grant Agreement Tampa Contract No. 10217-Mangrove Park Boat Ramp Reconstruction }lathy Barco lacksonvllla Ronald M. Bergeron Dear Mx'. Hasko: Fort La uderdale Dwight Stephenson Enclosed are two (2) originals of the Grant Agreement for the I+`Y 201.0111 [3elrayBeach I~'BIP grant award to the City of Delray Beach. Please have the Grant Itenneth W. Wright A xeement reviewed si ned b the authorized designee and return all Winter Parts g ' ~ g y Brian S. Yabfonskl originals to me. Upon full execution, an original will be returned to your rarlahassee office. Please remember, construction activities may not commence until the Agreement is fully executed by both parties. Executive Staff Nick Wiley In addition, enclosed as Attachment H to the Agreement is the Certification Executive Director Regarding Debarments, Suspension, Ineligibility And Voluntary Exclusion Greg Nolaer -Lower Tier Federally Funded Transactions. Please complete this form Assistant Executive Director and return a copy to me. Karen Ventlrnlglla Deputy Ci~ief of Staff If you have any questions or need further information, please call me at (850) 410-06~i6, extension 1X70, or email fbipC~MyI±WC.conx. You map also Division of contact Katrina Thompson at (MO} 410-0656, extension 17382, or email Lavr Enforcement 1{atrina.thonxpson a M_ yFWC.ca>;n. Coional Jim brown Director Sincerely, (850) 48&6251. (854) 921.6453 FAX W"I ~ r Tim Woody, Program Administrator Managing fish and w!ldlife Florida Boating Improvement Program resources far thelrlong•term BOatlrig and Waterways SBGtxon we!!-being and the benefit of people. ~t~V t__~ 3 Enclosure 620 South Meridian Street Tallahassee, Florida 32399-1600 Voice: ($54) 488-4676 Hearing/speech Impaired: (800) 955.877A (T) (800) 955-8770 (V) MyFWC.com FWC Contract No. 10217 FLORIDA BOATING IMPROVEMENT PROGRAM GRANT AGREEMENT THIS AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "COMMISSION," and the CITY OF DELRAY BEACH whose address is 434 South Swinton Avenue, Delray Beach, Florida 33444, hereafter "GRANTEE" to conduct a phased project entitled Mangrove Park Boat Ramp Reconstruction, hereafter "Project," using funds from the Florida Boating Improvement Program, hereafter "Program." NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth, agree as follows: GRANTEE ELIGIBILITY 1. By acceptance of this Agreement, the GRANTEE warrants that it has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good-faith performance as a responsible recipient, and that the GRANTEE shall comport with Chapter 287', F.S., and all other applicable rules and laws. 2. The GRANTEE shall be licensed as necessary #o perform under this Agreement as may be required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon request. SCOPE OF SERVICES 3. It is understood and agreed that this Agreement shall consist of two phases: Phase I -Project Construction, and Phase Il -Project Management. During Phase I the GRANTEE shall complete the project, as described in Attachment A, Scope of Work, attached hereto and made a part hereof, and Florida Boating Improvement Program (FBIP) Grant Application No. 10-1108, Incorporated herein by reference. Ail Phase I activities must be completed during the time span provided herein for tha# portion of the Agreement. During Phase II the parties shall cooperate in the ongoing and continuous management of the Project under the terms and conditions provided herein. 4. It is the GRANTEE'S responsibility to contract, manage and inspect all aspects of the Project, including the construction contract, materials purchase, engineering, master plan or force account labor performed at any Project site. 5. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be fully responsible for the payment of all monies due under any subcontract. It is understood and agreed by the GRANTEE that the COMMISSION shall not be liable to any sub-grantee {ar subcontractor) for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for ail expenses and liabilities incurred under the subcontract. 6. The GRANTEE shall comply with all applicable federal, state, and local rules and regulations in providing services to the COMMISSION under this Agreement. The GRANTEE acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The GRANTEE further agrees to include this provision in all subcontracts issued as a result of this Agreement. 7. The GRANTEE shall commence work on Phase I of the Project within ninety (90) days of execution of the Agreement. Failure by the GRANTEE to begin work shall constitute a breach of the Agreement and may result in termination of the Agreement by the COMMISSION. Page 1 of 10 FWC Contract No, 10217 8. The GRANTEE shall procure goads and services through a competitive solicitation process as defined by Chapter 287, Florida Statutes. The GRANTEE shall forward one copy of any solicitation to the COMMISSION's Program Administrator for review prior to soliciting for quotations or commencing any work. The COMMISSION's Program Administrator shall have 30 working days for review. This review shat[ ensure that minimum guidelines for the Project's scope of work are adhered to. The GRANTEE shall forward one copy of the bid tabulation, or similar list of responses to the solicitation, along with the award recommendation to the COMMISSION's Program Administrator. 9. All engineering must be completed by a professional engineer or architect registered in the State of Florida. All work must meet or exceed minimum design standards and guidelines established by all applicable local, state and federal laws. 10. The GRANTEE shall provide a draf# of any study or brochure to be produced with grant funds to the COMMISSION for approval prior to final printing and submission for payment. Further, at least 21 days prior to printing the COMMISSION shall review and approve all proposed publications that will be funded by this Agreement to ensure that environmental and boating safety issues are effectively addressed. At its discretion, the COMMISSION may elect to have its representative inspect printed material prior to its release from the printing vendor. The GRANTEE agrees to inform the COMMISSION at the completion of printing of any materials so that the COMMISSION may exercise this option. 11. The GRANTEE agrees not to proceed with Phase I construction until all necessary permits are obtained. 12. The GRANTEE, at its expense, shall acknowledge the COMMISSION and the Program as a funding source for the Project as described in Attachment A, Scope of Work. Any other form of acknowledgement must be approved by the COMMISS[ON's Program Administrator. Such acknowledgement shall be maintained for the duration of the Agreement. Failure by the GRANTEE fo maintain such acknowledgement shall be considered a breach of the Agreement. 13. The GRANTEE, at its expense, shall purchase, erect and maintain directional signs, approved by the COMMISSION, on main public highways to direct public users to each boating facility funded through the Program. The GRANTEE agrees to provide and maintain such signs at its expense for the duration of the Agreement. Failure by the GRANTEE to erect and maintain such signs shall be considered a breach of the Agreement. 1~4. For the entire term of the Agreement, the GRANTEE shall provide and be responsible for any and all costs associated with ordinary and routine operations and maintenance of the Project, including any and all personnel, equipment or service and supplies costs beyond the costs approved herein for reimbursement. 18. The GRANTEE shall allow unencumbered access to the Project site to the COMMISSION, its employees ar agent for the duration of the Agreement for the purpose of site visit or inspection to verify the facility is being maintained, in operation and is open and available to the public. As part of the inspection, the COMMISSION may request maintenance and use information from the GRANTEE to validate the condition of the facility. REPORTING REQUlR1=MENTS 16. The GRANTEE shall submit to the COMMISSION, on a monthly basis, project progress reports outlining the progress of Phase I of the Project, identifying any problems that may have arisen, and actions taken tv correct such problems. Such reports shall be submitted on the Project Progress Report Form attached hereto and made a part hereof as Attachment B. Reports are due to the COMMISSION's Program Administrator by the 15t" of each month until the Certrffcatron of Completion is submitted. Page 2 of 10 FWC Contract No. 10217 17. During Phase I, the GRANTEE shall provide progress and final photographs of any construction project documenting satisfactory progress and completion prior to requesting payment from the COMMISSION. Final photographs shall be submitted with the Certification of Completion form. 18. Upon completion of Phase I, the Project Manager for the GRANTEE shall sign a Certification of Completion form, Attachment C, attached hereto and made a part hereof, that certifies Phase I of the Project was completed in accordance with the prepared plans and specifications and the terms of this Agreement. PROJECT INSPECTION 19. The COMMISSION may inspect the Project site prior to and during the construction of the Project. The GRANTEE shall notify the COMMISSION's Program Administrator when the Project has reached substantial completion so that inspection may occur in a timeframe allowing for the timely submission and processing of the final invoice. The COMMISSION's Program Administrator, or designee, shall inspect the work accomplished on the Project and, if deemed complete and in compliance with the terms of the Agreement, approve the request for payment. SITE DEDICATION 20. The GRANTEE agrees to dedicate the Project site as a boat access facility for the use and benefit of the public for the duration of the Agreement, as specified in Attachment A, Scope of Work. Such dedication must occur before any grant funds are reimbursed. land under control other than by ownership by the GRANTEE (i.e. lease, management agreement, cooperative agreement, inter-local agreement ar other similar instrument) shall be managed by the GRANTEE as a boat access facility for the duration of the Agreement. Title to all improvements shall be retained by the GRANTEE upon final payment by the COMMISSION. 21. Should the GRANTEE convert all or any part of the Project to other than COMMISSION approved uses within the term of the Agreement, the GRANTEE shall replace the area, facilities, resource or site at its own expense with a project acceptable to the COMMISSION of comparable scope and quality. In the event the Project is converted to use for other purposes during this period and not replaced wish a like project acceptable to the COMMISSION, the GRANTEE agrees to return to the COMMISSION all funds tendered for the original Project. 22. Site dedication survives any contract termination. If mutually agreed upon by both parties in writing the site dedication maybe rescinded by the COMMISSION. The COMMISSION shall rescind the site dedication if no program funds were dispersed. TERM OF AGREEMENT 23. This Agreement shall begin upon execution by both parties and end June 30, 2032, inclusive. However, the GRANTEE shall complete all Phase I project services on or before June 30, 2012. The GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement nor after the termination date of the Agreement. 24. The GRANTEE shah execute this Agreement within 90 days of formal COMMISSION approval. Failure to execute this Agreement shall render the award of funds null and void, and shalt result in termination of ibis Agreement. COMPENSATION 25. For satisfactory completion of Phase I of the Project, Mangrove Park Baat Ramp Reconstruction, by the GRANTEE under the terms of this Agreement, the COMMISSION shall pay the GRANTEE on a cost reimbursement basis in an amount not to exceed $ 102,500. Page 3 of 10 FWC Contract No. 10217 26. The GRANTEE agrees to provide 56.66% of the total project cost as indicated in FBlP Grarrf Application No. 1t7-006, incorporated herein by reference. The total compensation by the COMMISSION shall not exceed 43.34% of the total project cost. PAYMENTS 27. The COMMISSION shall pay the GRANTI=1= for satisfactory service upon submission of a final invoice, accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the Commission's Program Administrator. The invoice must be submitted within 30 days after completion of Phase I of the Project. The invoice shall include the FWC Contract Number and the Grantee's Federal Employer Identification (FIND) Number and should be in a format similar to Attachment D, Sample invoice Form. An original and three (3) copies of the invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills for amounts due under this Agreement shall be submitted in detail sufficient far a proper pre-audit and post-audit thereof. 28. Program funds shall be disbursed to the GRANTEE only after pre-approved phase or final completion of Phase I of the Project occurs and work is verified by COMMISSION staff. Payment will be made only for documented and verified costs. The COMMISSION witt not pre-approve or disburse any Program funds in advance. Failure to complete the Project and make final payment request to the COMMISSION within the stipulated period shalt result in termination of this Agreement. Any funds not disbursed ar expended by the end of the stipulated period are subject to the provisions of Chapter 216.301, Florida Statutes. 29. No travel expenses are authorized under the terms of this Agreement. 30. The GRANTEE shall be reimbursed on a cast reimbursement basis in accordance with Comptroller Contract Payment Requirements as shown in the Department of Financial Services, Bureau of Accounting and Auditing, Voucher Processing Handbook, Chapter 4., C., I., attached hereto and made a part hereof as Attachment E. 31. The COMMISSION shall have 45 working days to inspect and approve goods and services. 32. Any Phase I Project deficiencies, as noted in the final Project inspection, shall be corrected by the GRANTEE prior to final Project acceptance and payment by the COMMISSION. The COMMISSION may restrict any or all payment of Program funds pending correction of such deficiencies. 33. Far contracts whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. 34. Invoices, including backup documentation, shall be submitted to: Florida Fish and Wildlife Conservation Commission Division of Law Enforcement Boating and Waterways Section Florida Boating Improvement Program 620 South Meridian Street Tallahassee, FL 32399-1600 TERMINATION 35. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTI=1r in the event of traud, willful misconduct, or breach of this Agreement. Page 4 of 10 FWC Contract No. 14217 36. The COMMISSION may terminate this Agreement at any time with or without cause by a written notice by certified mail, return receipt requested, from the COMMISSION to the GRANTEE. The GRANTEE will stop all work immediately upon receipt of the written notice. 37. Either party may terminate this Agreement by giving written notice to the other party, at least 30 days prior to the termination date, by certified mail, return receipt requested. The COMMISSION reserves the right to restrict any or all payment of Program funds if the Agreement is terminated at the convenience of the GRANTEE. 38. Upon termination of this Agreement, the GRANTEE shall promptly render to the COMMISSION al[ property belonging to the COMMISSION. For the purposes of this section, property belonging to the COMMISSION shall include, but shall not be limited to, all books and records kept on behalf of the COMMISSION. 39. The PARTIES agree that site dedication survives all termination of this agreement as provided by paragraph 22 above. TAXES 4d. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. NOTICE 41. Unless a notice of change of address Is given, any and all notices shall be delivered to the parties at the following addresses: GRANTEE City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 Phone: (561 } 243-7336 Fax: (561) 243-7064 Email: Hasko@mydelraybeach.com Attn: Richard Hasko, Project Manager AMENDMENT OR MODIFICATION COMMISSION Fish and Wildlife Conservation Commission Division of Law Enforcement Boating and Waterways Section 620 South Meridian Street Tallahassee, FL 32399-1600 Phone: {850) 488-5600 Fax: (850) 488-9284 Email: fbipC~MyFWC.com Attn: Tim Woody, Program Administrator 42. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. 43. The COMMISSION may at any time, by written order designated to be a Modification, make any change in the work within the general scope of this Agreement (e.g., specifications, schedules, method or manner of performance, requirements, etc.). However, all Modifications are subject to the mutual agreement of both parties as evidenced in writing. Any Modifica#ion that causes an increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal amendment. RELATIONSHIP OF THE PARTIES 44. The GRANTEE shall perform as an independent agent and not as an agent, representative, or employee of the COMMISSION. Page 5 of i d FWC Contract No. 10217 45. The GRANTEE covenants chat it presently has nv interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 46. The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION. INSURANCE REQUIREMENTS 47. To the extent required by law, the GRANTEE will either be self-insured for Worker's Compensation claims, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project. If any work is subcontracted, the GRANTEE shall require the subcontractor similarly #o provide Workers' Compensation Insurance for all of the (otter's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. in case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the GRANTEE shelf provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his employees not otherwise protected. 48. Employers who have employees who are engaged in work in Florida must use Florida rates, rules, and classifications far those employees. fn the construction industry, only corporate officers of a corporation or any group of affiliated corporations may elect to be exempt from workers` compensation coverage requirements. Such exemptions are limited to a maximum of three per corporation and each exemption holder must own at least 10% of the corporation. Independent contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and must maintain workers' compensation insurance. 49. The GRANTEE warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable #o the GRANTEE's officers, employees, servants and agents while acting within the scope of their employment with the GRANTEE. CANCELLAT[ON,t ,DER CHAPTER 119, FLORIDA STATUTES 50. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the GRANTEE in conjunction with this Agreement. RECORD KEEPING REQUIREMENTS 51. The GRANTEE shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principals. The GRANTEE shall allow the COMMISSION, the State, or other authorized representatives, access to periodically inspect, review or audit such documents as books, vouchers, records, reports, canceled checks and any and all similar material. Such audit may include examination and review of the source and application of all funds whether from the state, local or federal government, private sources or otherwise. These records shall be maintained for five (5) years following the close of ihisAgreement. In the event any work is subcontracted, the GRANTEE shall require each subcontractor to similarly maintain and allow access to such records for audit purposes. Page 6 of 10 FWC Contract No. 10217 LIABILITY 52. Each party hereto agrees that it shall be solely responsible for the negligent ar wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. NON-DISCRIMINATION 53. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected #o discrimination in performance of this Agreement. PROHIBITION OF DISCRIMINATORY VENDORS 54. In accordance with Section 287.13~i, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public en#ity far the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. PROHIBITION OF UNAUTHORIZEb ALIENS 55. The employment of unauthorized aliens by any contractor/vendor is considered a violation of Section 274A(e} of the Immigration and Nationality Act. If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRANTEE shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. NON-ASSIGNMENT 56. This Agreement is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the COMMISSION. PERFORMANCE AND REMEDIES 57. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION. 58. It is understood by the parties that remedies for damages or any other remedies provided far herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law. SEVERABILITY AND CHOICE OF VENUE 59. This Agreement has been delivered in the State of Florida and shall be cons#rued in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shaft be prohibited or invalid under applicable taw, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in taw or equity, shall be brought in Leon County, Florida. Page 7 of 10 FWC Contract No. 10217 NO THIRD PARTY RIGHTS 60. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. JURY TRIAL WAIVER 61. As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. PROPERTYIEQUIPMENT 62. The GRANTEE is not authorized to use funds provided herein for the purchase of any non-expendable equipment or personal property valued at $1,000 or more far performance under this Agreement. FEDERAUFLORIDA SINGLE AUDIT ACTS REQUIREMENTS 63. In accordance with section 215.97, Florida Statutes, the Florida Single Audit Act requires all non- State organizations that are recipients of State financial assistance io comply with the audit requirements of the Act. In addition, recipients and subrecipients of federal financial assistance must comply with the Federal Single Audit Act requirements of OM13 Circular A-133. Therefore, the GRANTEE shall be required to comply with the audit requirements outlined in Attachment F, titled Requirements of the Federal and Florida Single Rudlf Acts, attached hereto and made a part of the Agreement, as applicable. 64. In accordance with section 216.347, Florida Statutes, the GRANTEE is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. RIGHTS IN PROPERTY. COPYRIGHTS. AND INVENTIONS 65. All Items, materials or products, of any description, produced or developed by the GRANTEE on behalf of the COMMISSION in connection with this Agreement shall be the exclusive property of the COMMISSION and may be copyrighted, patented, or otherwise restricted by the COMMISSION as provided by Florida law. Neither the GRANTEE nor any of its subcontracio~rs shall have any proprietary interest in the products and materials developed under this Agreement. 66. The COMMISSION reserves the right to determine the disposition of title and rights to any inventions and/or processes that may result from any experimental or developmental research performed under this Agreement. I# Federal funding is involved in support of this Agreement, the Federal Government may reserve ultimate jurisdiction over title and right privileges. 67. Regardless of title or ownership of the products and materials developed under this Agreement, the COMMISSION and the Slate of Florida shall reserve aroyalty-free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental purposes. If Federal funding is involved in support of this Agreement, the Federal Government shall also reserve aroyalty-free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental purp05eS. Page 8 of 1 D FWC Contract No. 10217 FEDERAL FUNDS 68. This Agreement is funded in whole or in part by a grant from the U.S. Fish and Wildlife Service, Sport Fish Restoration-Boat Access Program, CFDA 15.605. Therefore, the GRANTEE shall be responsible for complying with all federal grant requirements as provided in the grant, a copy of which is attached hereto and made a part hereof as Attachment G. It is understood and agreed that the GRANTEE is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of the U.S. Fish and Wildlife Service. ^EBARMENT AND SUSPENSION 69. in accordance with Executive Order 12549, Debarment and Suspension, the GRANTEE shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation In #his transaction by any Federal department or agency; and, that the GRANTEE shall not knowingly enter Into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing to the COMMISSION by the federal agency issuing the grant award. 70. Upon execution of this Agreement by the GRANTER, the GRANTEE shall complete, sign and return a copy of the farm entitled "Certification Regardr"ng Debarments, Suspension, ineligibility and Voluntary Exclusion -Lower Tier Federally Funded Transactions", attached hereto and mado a part hereof as Attachment H. 71. As required by paragraphs 69 and 70 above, the GRANTEE shall Include the language of this section, and Attachment H in all subcontracts or lower tier agreements executed to support the GRANTEE`s work under this Agreement. PROHIBITION AGAINST LOBBYING 72. The GRANTEE certifies that no Federal appropriated funds Dave been paid or will be paid, on or afiter December 22, 1989, by or on behalf of the GRANTEE, to any person for influencing or attempting to influence an officer ar employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non-Federal funds are used for lobbying activities as described above in connection with this Agreement, the GRANTEE shall submit Standard Form-LLL, "Disclosure Form to Report Lobbying", and shall file quarterly updates of any material changes. The GRANTEE shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. 73. Pursuant to the Lobbying Disclosure Act of 1995, the GRANTEE agrees to refrain from entering into any subcontracts under this Agreement with any organization described in Section 501(c}(4} of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Acf as a special condition of the subcontract. ENTIRE AGREEMENT 74. This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. {Remainder of page intentionally left blank.) Page 9 of 10 FWC Contrac# No. 10217 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. CITY OF DELRAY BEACH Mayor, or designee Date Name (Print} Grantee Name Address City, State, and Zip Code Federal Employer Identification Number (FEID} Approved to form and legality: Grantee Attorney FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Executive Director, or designee Date Name (Print} Approved as to form and legality: Commissi Att me List of attachments/exhibits included as part of this Agreement: Attachment A: Scope of Work Attachment B: Project Progress Report Form Attachment C: Certification of Completion form Attachment D: Sample Invoice Form Attachment E: Comptroller Cost Reimbursement Requirements Attachment F: Federal/l~lorida Single Audit Act Requirements Exhibit 1: Funds awarded pursuant to agreement Attachment G: Federal Grant Agreement Attachment H: Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions Attachment I: Site Dedication Form Attachment J: Title b0 C.F.R., Part $0 'If someone ather than the Mayor signs the Agreement, a resofutian, statement or other document authorizing the person to sign the Agreement on behalf of the local governing body must accompany the Agreement. Page 10 of 10 FWC Con#ract # 10217 SCOPE OF WORK Mangrove Park Boat Ramp Reconstructicn INTRODUCTION ATTACHMENT A In 2007, atwo-lane boat ramp was constructed at Mangrove Park in Delray Beach to provide boating access to the Intracoastal Waterway in southern Palm Beach County. Because of site constraints and storm water management requirements, the boat ramp was constructed at a slope that is not within standard guidelines. The ramp is so steep that it poses a hazard to boaters launching and retrieving their boats. This project will reconstruct the boat ramps to decrease the slope and make it easier and safer to launch boats. This should Increase use of the facility. The existing boat ramp and floating dock will be removed. The boat ramp will be re-graded to a slighter slope with an arced break point between high and low water levels. The existing floating dock will be reconstructed to a lower profile. In addition, the staging dock to the east of the ramp will be lowered by 2.4 feet. This project shall consist of two phases: Phase I -Project Construction and Phase ll -Project Management. During Phase I, the City of Defray Beach (GRANTEE) shall complete the tasks in this scope of work. During Phase II, the GRANTEE and the Florida Fish and Wildlife Conservation Commission (COMMISSION) shall cooperate in the ongoing and continuous implementation of the Project for the term of the Agreement. TASKS During Phase I of the project, the GRANTf=E shall be responsible for completion of the following tasks: Task 1 -Boat Ramp A. Remove existing block mat boat ramp B. Re-grade and reconstruc# boat ramp as authorized in South Florida Water Management District Permit No. 50-07332-P and U.S. Army Corps of Engineers Permit No. SAJ-2005-08610 (NW-DLR}, incorporated herein by reference. Task 2 -Boarding Docks A. Remove existing floating dock B. Reconstruct the concrete approach to the gangway to a lower profile C. Re-install floating dock D. Reconstruct the fixed wooden dock, east of the boat ramp, 2.4 feet lower than the existing dock ACKNOWLEDGEMENT A. The GRANTEE, at Its expense, shall purchase, erect and maintain a permanent sign, not less than three (3) feet by four (4) feet in size, displaying the COMMISSION's logo and the Sport Fish Restoration (US Fish and Wildlife Service) official logo acknowledging both as a funding source for the Project. B. The GRANTEE shall provide to the COMMISSION a draft copy of the permanent sign for approval prior to displaying on site. SITE DEDICATION Upon completion of Phase 1, the GRANTEE shall complete the Site Dedication, attached hereto and made a part hereof as Atiachment I, and record the dedication in the public proper#y records. A copy of the recorded dedication must be submitted to the COMMISSION before any Program funds will be disbursed to the GRANTEE. Page 1 of 2 FWC Contract # 14217 REPORTS ATTACHMENT A A. Project Progress Reports The GRANTEE shall submit to the COMMISSION, on a monthly basis, project progress reports outlining the progress of Phase 1 of the Project, identifying any problems that may have arisen, and actions taken to correct such problems. Such reports shall be submitted on the Project Progress Report Form provided by the COMMISSION. Reports are due to the COMMISSION'S Program Administrator by the 15"' of each month until the Certificatron of Completion is submitted. B. Bid Package The GRANTEE shall forward one copy of the bid package to the COMMISSION'S Program Administrator for review prior to soliciting for quotations or commencing any work. The COMMISSION's Program Administrator shall have 30 working days for review. This review shall ensure that minimum guidelines for the Project's scope of work are adhered to. The GRANTEE shall forward one copy of the bid tabulation to the COMMISSION'S Program Administrator to ensure the requirements of Chapter 287, F.S., have been met, C. Photographs During Phase I, the GRANTEE shall provide progress and final photographs of any construction project documenting satisfactory progress and completion prior to requesting payment from the COMMISSION. Final photographs shall be submitted with the Certificairon of Completion form. D. Certification of Completion Upon completion of Phase I, the engineer, architect or other appropriate professional for the GRANTEE shall sign a Certrflcation of Completron form, provided by the COMMISSION, that certifies Phase I of the Project was completed in accordance with the prepared plans and specifications. INVOICES AND PAYMENTS For satisfactory completion of the above services, the COMMISSION agrees to pay the GRANTEE on a cost reimbursement basis an amount not to exceed $102,50x. The GRANTEE shall submit a request for reimbursement, accompanied by the required reports and deliverables, no later than 30 days following completion of Phase I. The request for reimbursement shall include the following: an invoice in a form similar to Attachment D, Sample Invoice Form; a signed Certification of Completion form, Attachment C; final photographs; and required documents as described in Attachment E, Comptroller Contract Payment Requirements. Page 2 of 2 FWC Contract No. 10217 ATTACHMENT 8 FLORIDA BOATING IMPROVEMENT PROGRAM PROJECT PROGRESS REPORT Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 ar fax to (850) 488-9284. FWC Contract # Gr€~ntee: Project Reporting Period (l~IontlvYear): (Due IS days after the end of each month) L Describe progress of project, including percent completed for each task in the Scope of Work: 2. Is project currently on schedule for completion by Phase I due date? YES ^ NO ^ Antieipatecl Phase I completion date: (If project is not on schedule, please explain any problems encountered and/or possible delays) 3. Reporting requirements: (Check al[ that have been submitted to date) ^ Plans /drawings ^ Bid package ^ Bid tabulation ^ Progress photographs ^ Finial photographs ^ Draft acknowledgement ^ Site dedication form Project Manager Date Page l of FWC Contract No. i02i7 ATTACHMENT C ' - >' FLORIDA FISH AND WILDLIFE r~_ ~~ CONSERVATION C®MMISSION ''~1~~ ~ Florida Boating Improvement Program G CERTIFICATION OF COMPLETION STATEMENT I, (Print Name and Title) representing (Name of Local Government) do hereby certify that the Florida Boating Improvement Program project funded by FWC Contract No. has been completed in compliance with all terms and conditions of said Agreement; that all amounts payable for materials, labor and other charges against the project have been paid; and that no liens have been attached against the project. (Signature) (Date) WARNING: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official diEty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083." § $37.06, Florida Statutes. CERTIFICATE BY COMMISSION I certify: That, to the best of my knowledge and belief, the work on the above-Harried project has been satisfactorily completed under the terms of the Agreement. Division: By: Name, Title: Date; FWC Contract No. 10217 ATTACHMtwNT D SAMPLE INV®ICE ~®RM Billed to: Remit payment to: Fish and Wildlife Conservation Commission Grantee: Florida Boating Improvement Program FEID #: 620 South Meridian Street Address: Tallahassee, Florida 32399-1600 FWC Contract ~#: Amount of Grant Award: $ Invoice Date: PROJECT COSTS: Cost Items: Non-cash Amauht In-kind service; Administration $ In-kind service: Project Management $ In-kind service; Other $ Gast items: Cash expenditures Amount $ $ $ Total Project Cost: $ Grantee Matching Funds { %}: - $ Amount for Reimbursement; $ hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that the matching funds, in-kind or cash, were utilized toward the project in this Agreement. Signed: Project Manager Dates of Service: From: To. Date: Page 1 of 1 FWC Contract No. it]2i7 ATTACHMENT E Comptroller Contract Paytnettt Requirements Departrttertt of Financial Services, Bureau of Accounting and Auditing Voucher Processing Handbook (1Q/07/97) Cost Reirrtbursernent Catatracts Invoices for cost reimbursement contracts must be supported by alt itemized listing of expenditures by category (salary, travel, expenses, etc.} Supporting documentation must be provided for each amount for which reimbursement is being clairtted indicating that the item has beets paid. Check numbers may be provided in lieu of copies of actual checks. Eaclt piece of docutneutation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget shorrld be reimbursed. Listed below are examples of types of docurnentatian representing the minimum requirements: (I) Salaries; A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If alt individual for whom reimbursement is being claimed is paid by the hour, a docutnettt reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fi'ittge benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of cheeks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (~l) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule GOA- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible persona( property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5} In-house charges: Charges which may be of alt internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage lag which shows the units times the rate being charged. The rates must be reasonable. (b) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Page I of 1 FWC Contract No. 14217 ATTACHMENT F REQUIREMENTS OF THI= FLORIDA AND FEDERAL SINGLE AUDIT ACTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission {Commission) to the ContractorlGrantee {recipient) may be subject to audits and/or monitoring by the Commission as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OM8 Circular A-133 and Section 215.97, F.S., as revised {see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, andlor other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructicns provided by the Commission staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or anon-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $504,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIf31T 1 to this agreement indicates Federal resources awarded through the Commission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, wilt meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-i 33, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources {i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). PART II: STATE FUNDED This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single ar project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the trxecutive Office of the Governor and the Comptroller; and Chapters 10.550 {local governmental entities) Page i of 3 or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor Genera(. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received #rom the Commission other state agencies, and other non-state entities. State financial assistance does not include Federal director pass-through awards and resources received by a non-s#ate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Stafutes. This includes submission of a financial reporting package as defined by Section 215.97{2}(d), Florida Statutes, and Chapters 10.550 (local governmental entities} or 10.650 (nonprofit and for-profit organizations}, Rules of the Auditor General. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Stafutes, the cost of the audit must be paid from the non-state entity`s resources (i.e., the cast of such an audit must be paid from the recipient's resources obtained from other than State entities}, PANT III; OTHER AUDIT REQUIREMENTS There are no other audit requirements PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d}, OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following, The Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10'h Street Jeffersonville, IN X17132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e} and (f}, OMl3 Circular A-133, as revised. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c}, OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Commission at the following address: Page 2 of 3 Audit Director 1=lorida Fish and Wildlife Conservation Commissian Bryant Building, Room 170 620 S. Meridian St. Tallahassee, Ft, 32399-1600 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient direClly to each of the following: The Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399-150 Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient dir. ectly to: The Commission the following address: Audif Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian S#. Tallahassee, FL 32399-1600 Any reports, management letter, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.560 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and #or-profit organizations}, Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Contact the Commission's Audit Director by phone at (850) 488-5068. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (6) years from the date the audit report is issued, and shall allow the Commission or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (6} years from the date the audit report is issued, unless extended in writing by the Commission, Page 3 of 3 FWC Contract No. 11}217 EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: State Agency: Florida Fish and Wildiife Conservation Commission Federal Agency: Department of the Interior, Fish and Wildlife Service Federai Program: Sport Fish Restoration-Boat Access Program CFDA No.: 15.605 Recipient: City of Deiray Beach Amount: $102,500 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Program: Sport Fish Restoration-Boat Access Program 1. Recipient must compiy with requirements found in Titie 50 CFR Part 80 attached hereto and made a part of this Agreement as Attachment J. 2. Project activities must occur an public lands owned outright or managed under agreement with another party with tease terms exceeding 20 years. 3, Project activities must not create a boating safety hazard andlor increase the potential for damage to natural resources. 4. Recipient must comply with the Florida Boating Improvement Program Guideiines, February 2010. 5. Recipient must comply with alt Commission rules, policies and procedures as well as ail other state and Federai rules. STATE RESOURCES AWARDED TO THE RECIPIi=NT PURSUANT TO THIS AGRiEMENT CONSIST OF THE FOLLOWING: None SUBJECT TO SECTION 215.97 FLORIDA STATUTES: None. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: Section .~a0{d) of OMB Circuiar A-133, as revised, and Section 215.97(5)(a}, Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. Page 1 of 1 FWC Contract No, 10217 ATTACHMENT G Federal Grant Agreement APPF Ir^ATfCIJV PCtf7 Version 7f03 FEbERAL ASSISTANCE 2. DATE SUBMITTED ApplicanE IdentlFer 1. TYPE OF SUBMISSION: 3. DATE RECEIVED t3Y STATE Stela Rppllcatinn Idenli(€er Appllcatton Pre-appticat€on _ _ ____ ~ Gonstructlon -I Construetlon A, DATE RECI:kV1:D BY FEDERAL AGENCY Federal Edanlifier J Nan•ConstrucUon I Non•Constructlon _ . ..... _.._ . _... _:_.......... 5. APPLICANT fNFORMATION Legal Nanta: Or antzafional ilnit: Mate Of FlOrlda Department: Fish and Wildlife Conservation Commission Organizational DUNS: g38i03893 pr~S3°n' Law Enforcement Address: Namo and tolophvne number of person fo be contactod an matters Streal: invalving this apptfcation give area code) 620 S Meridian St. 1 M _ t'reFix: Ms F'Irsl Name: Patricia City; Tallahassee Mlddre Name L, -- --- County: Leon --- Last Namo Harrell -- --- Slate: FL Zip Cade 32399 Suffix: country: Emaic Patricia.FEarrell cr MyFWC.com 6. EMPLOYER IDENTfFiCATiON NUMBER (1=1N): Phone Number fglvo area cod©) Fax Number (give area oode) 5 ifl ~ 3 :t ,5 ,s;,8~:4,,5 ($50}410-0656 (850) 48$-9284 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (see back of form for Application Types) K~ Now I Contlnuatlon I Rovlsion /~, Statg f Rovlsion, enter approprlala letfer(sj in ix>x(esj Sea back of form for deserlptian of letters.) Ifrer (specify) Other (specify) 9. NAME OF FEDERAL AGENCY: U.S. Department of Interior, Fish and Wildlife Service i0. CATALOG 4F FEDERAL DOMESTIC A53157ANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJEGT: i s .. s ©~~5 Mangrove Dark Boat Ramp Reconstruction TITLE (Name of program): BpOrt Fish RBStOratiOn -Boat ACGe$S 92. AREAS AFFECTED BY PROJECT fCfdfas, Counrlos, 5fares, erc.J: City of Delray Beach, Palm Beach County, Florida 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF; Start Dale: 03101!2011 Ending Data: 09/30/2012 a. Applicant 2 b. Project 22 i5. ESTIMATED FUNDING: i6. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE RDER 12372 PR Ct;SS7 a. Federal 102 500 00 a. Yes. xf THIS PREAPPLICATIONIRPPLICATION WAS MADE , . AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. RppAcant PROCESS FOR REVIEW ON c. State DATE- d. Local 134,000 00 b No I PROGRAM !S NOT GOVERED BY E. 0. 12372 e. OEl~er ~ OR PROGRAM HRS NOT BEEN SELECTEE] i3Y STATE F R REVIEW f. Program Income i7. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL 236,500.00 Yes If "Yes" allaGh an explanation. 2~ No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATtON ARE TRUE AND CORRECT. THE OGUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE TTACHED ASSURANGES IF THE ASSISTANCE IS AWARDEp. a. Authorized a resen alive Prefix Lt. Col. First Name Bruce fiddle Nama Last Name BUCI(SOn affix . Tiue De ut Director, Division of Law l=nforcemenl P Y . r~t~ep]tone Number Iglvoarea coda- &50 486-5600 Signature of Authorized Representative • Dale Signed ~~ f ~- r Previous lzdition Usable ~ ' AuUiartzsd far Local Raoroduction Standard Form 429 (Rev.~3-2003) Prescribed by OMB Circutar A•T02 o O O O O C~ O O 0 0 © o © a © o ao ° o ° 0 0 0 ° ~ ~ o 0 o vi N 1~ O ~ ~ ~ Q Z ~ ~ M O ~ ~ ~ O m m 0 ~ ~ ([~ (~ }} ~ Q c O ~ m ~ Q O 0 U .3 o ~ f-' ~, U V1 ~ 69 Efl Efl fA 69 Efl 69 64 64 b4 64 Efl Efl Efl 69 69 EA .~ c~i ~ ~ ~ ~ 3 0 0 N .0. ~ Q ~ ~ ~ ~ N ro Z c4 LO ~ 0 ~ EL (D p m U ~ X L d 7, a •_~ A Q ~ 3 o ~ ~ 69 4A 69 EA Efl fR 69 EA EA Efl 69 69 EA to 69 Efl ~j CA ~ •0 O O O O O O ~ N .~ ~ O O O O C? O C O Z ~ O O O O O O ~ p w cV t~ o rn rn c3? o Z y U ~ O ~ ~ N ~' ~ Q ~ ~ (0 u- Q1 L .? Oq C w Z m ~ 4fl 69 EA 64 64 69 s4 ER Efl s4 64 69 69 69 Efl 69 w~ Q v ~ ~ °~ -~ o a Y ~ ~ m ~ m n o ~ .v ~ ~ ~ ~ ~ u a. ~ ~ N ~ ar ~ m O '~ ~ ~ ~ Q ~ , v ~ a ~ 'a ~ ~ ~ ~ a ~ ~ ~ ~ C ti ~. ~ ~ L ~ U3 x ~ a •L ~ (A N N J ~ ~ ~ E f~ ~ T ~ ~ ~ ~ ~ m O ~ N ~..,. Q1 ~ ~ ~ ~ ~ O O •~ U ~ N C1.. O c c a ~ ~ U u ~ U ~ ~ n ~ ~ o }. a v, ~ ~ ~ ~° ~ m ~ ~ i a . ~ ~ Y Q ~ ~ o ~ U ~ o O v, ,~ ~, ~ i4 N ~ L c O O ' ~ U . m ~ X c O ~ {Wj c O ~ C Q ~ c U Q ~ a ~ •~ ~ ~ m ~ i '- ~- a ~ `-~ p '~ p .~ ro ~. a~ (} ~~ ~ C O L U N t -O p CU ~ C a Cy ~ m ~ ~ O m ~ O O 'U p 0 ~ ~ Q o a ih o c°~ ur ~ cn U cn ~.. a. r- P ~ ~ w 0 z o c~i ri ~r ui ~ ~ r LV C7 '~ ~ C4 ~ 00 W ~ Y r r r r- r ~ 0 ~ Q rn ~ A > ; L_ U V N ~ d O E ~, a LL 4 V a 10 •` C N ui a ++ V 3 0 Q. a~ G.' O N .p 3 a Application for Federal Assistance -Program Narrative Sportfish Restoration Program STATE: Florida PROJECT TITLE: City of Delray Beach-Mangrove Park Boat Ramp A. NEED Site maneuvering and storm water management requiremen#s restricted site plan and grading design of the boat ramps at Mangrove Park that resulted in the construction of the slope not within standard guidelines. The ramp is so steep that it poses a hazard to boaters launching and retrieving their boats. The project will reduce the grade on the slope which will promote more use of the facility. Attached is a photograph of the existing condition far more information. B. OBJECTIVE Reconstruct the ramps to decrease the slope and make it less challenging and safer for boaters. This will increase utilization of the facility C. EXPECTED RESULTS AND BENEFITS A more correct slope on the boat ramp will make it easier and safer to launch and retrieve vessels. Use of the facility will increase access #o the Intracoastal Waterway. D. APPROACH The existing boat ramp and floating dock will be removed. The bast ramp will be re-graded to a slighter slope with an arced break point between high and low water levels. The existing floating dock will be reconstructed to a lower profile. In addition, the staging dock will be lowered to the east of the ramp by 2.4 feet. Attached is a copy of the proposed plan far mare information. E. LOCATION: Palm Beach County, Florida Towship 46 S Section 21 Range 43 E Latitude: N 26° 26 min. 44.78 sec. Longitude: W -80° 3 min 57.32 sec. Water body: Intracoastal Waterway See aerial maps and navigation charts for more information on the location. F. PERSONNEL: Pa#ricia Harrell, l3aat Access Coordinator and Tim Woody, Program Administrator G. COST; $236,500 $102,500 $134,000 TOTAL FEDERAL LOCAL This project is 100°1° marine. f f~` ~ 1 ; t ~ J ,~ f 1 F !` :.; 0 :~.r Q U :y.:i ~X W ~.. c~ O m .~G N O C37 c c~ ". ry ~ . $t ~ f'~ ~ ~' ' r ~ `" ~~'~~~3 ~ a~ , ,~ ~~ ~+ s 4~a ~~ ,y -_1,4r ~~r q f~`1 ~ r ,, .~~ ~ {` ,, ~ ! i y' 1 P 1 w .l G ti 4 ~ _. -. _. ~1~' f t.. ~~ .; 4',15 -~' S_ > _ ! ~;c ~r ~. ~ r ~: ~ ~~ ~ X ~~~. ~ ~, ~~'" ~^~ _ ~ ~ ~~ ~ ~ \ x{39 _'c}' ~ f , ~ ?~ ~ ~~ a ern ~•~~. zr '~ f ,~ ,~ ~ ~~ "• _ :~~fi t~~ i~r -> ~. i t t , ~ ~' . _ 'fit., I ~ :laF' a - -~ ~.~..._ r ?~ - S ~ ~.._ ~i ~-~ ~ ~`~~~' ~~ ~ y - ~, ~ ~- G~ 0 F U O ~'4 a ~~ F E _• ~ ~- ~ rw ~, ~ i ,-r _ i ._ ~ . r ~ ~ ~? r- ~J ~' ~: ~~ '~ ~a ~ -- 1 ` F: ~ ~ ~ ,:, ~4 , ~S~ _ _.. -4~.... -- ffj o ~ ~ ~ - -~ ~ ~ ~ ~ ~ _ _ r `S ~ r ...::, F; ~ m - ~~: r ~~ ~1 ~ ,L S-1 - i i `1' 4 ~~ ~. ~ r~ a [ i- ~ I ~ s ~ ~~ ~ s ~~~~ € Y;~ i. ~ } .ter, ~7 ~ F- i:, -,~1 ' rr I rx ~ ' -.~~ i t ! - F ~~- F e t ' ~ _: ~ ~ ;t, ,. ~, - - ~ ~,r~ ~ ~ ~ rte= ~~,~! {~ ~~ ~'~ {~~ Y" .~ ~ ~~ Q ~~~~y~II''~~ F~ ~v~ { 1 Page 1 of 2 l"rom: Milligan, Lauren [Lauren.Milligan@dep.state.fl.usj Sent: Wednesday, February 16, 2011 10:05 AM To: Harrell, Patricia Subject: RF: 5tate Clearinghouse Review -Delray Beach Boat Access Project -State Clearance Dear Patricia; RE: U.S. Fish and Wildlife Service -- Sport Fish Restoration Program -Mangrove Park Boat Ramp Reconstruction Project -Delray Beach, Palm Beach County, Florida. SAI # FL201102165654C Florida State Clearinghouse staff has reviewed the USFWS grant application under the following authorities: Presidenkial Executive Order 12372; Section 403.061(40), Florida Statutes; the Coastal Zone Management Act, 1b U.S.C. ~§ 1451-1464, as amended; and t11e National Environmental Policy Act, 42 U.S.C. §~ 4321-4347, as amended. Based on the information contained in the application for federal assistance and issuance of Environmental Resource Permit No. 50-07332-P by the South Florida Water Management District, the state has determined that the proposed project is consistent with the Florida Coastal Management Program (FCMP). The state's final concurrence of the project's consistency with the FCMP was determined during the environmental permitting process in accardance with Section 373.428, Fdor~ida Statutes. Thank you fnr the opportunity to review the proposed project. if you have any questions or need further assistance, please don't hesitate to contact me at (850) 245-2170 or Lauren.iViillig~z~iQdep.state.fl.us. Yours sincerely, Lauren P. Milligan Lauren P, Milligan, Environmental Manager Florida State Clearinghouse Florida Departc~lent of Environmental Protection 3900 Commonwealth Blvd, M.S. 47 Tallahassee, FL 32399-3000 ph. (850) 245-2170 fax (850) 245-2190 The Department of Environmenial Protection values your feedback as a customer. DEP Secretary Herschel T. Vinyard, Jr. is committed to continuously assossing and improving the level and quality of services providod to you. Please fake a few minutes to comment on the quality of service you received. Simply click on this link to the DEP Customer Survey. Thank you in advance for completing the survey. From: Harrell, Patricia [mailta:Patricia.Harrell@MyFWC.com] Sent: Tuesday, February 15, 2011 5:4D PM Ta: Milligan, Lauren Subject: State Clearinghouse Review -Delray Beach Boat Access Project This is fo request State Clearinghouse Review for a boat access project with fhe City of Delray Beach that is being funded through the USFWS. If you have questions, please let me know. Thanks!!! ~at~iera ~a,~~l~ Boat€ng Access Coordinator Florida Fish and Wildlife Conservation Commission Division of I.aw iwnforcement file://S:1DLE1Boating and WaterwayslFlorida Boating Improvement Prograni12010110217Gty of Delray ... 3/12/2011 o~ ~ u~ - z°=- C~ - - ,~~~ ~. FLORIDA DEPARTMENT OF STt1.TE Kurt S. Browning 5~cretary aF State I]IVISION OF HIST0121C,z1L IZrSOUl2CES rel7ruai'y ~~. 20~ 1 Ms. Pah•icia Harrell Boating Access Coordinator Florida Fish 8x Wildlife Conservatiti~n CanllxvsSion Division of Law EnforcLment Boating & Waterways SecHgn, MS 11V1 G2~ 5. lVieridian Street Tallahassee, Fiarida 3239 Re: U5 Fish ~ Wilc-llife Service Sport Fish Restoration Program -- Boat Access City of Deh•ay Beach -Mangrove Park Boat Ramp Pahl iieach Couztty / DHR Projaet File No. 2B11-Q~63 Dear 11+1x. Harrell: Our afEice received and reviewed the above referenced project i-~ accordai3ce with SecHalt lOC of the Nnliolral Hrslc~r•rc t'reservr~lrorG Act of 1JGG, as ai~~ended and 36 CCP I'rt1.1$0(1: Praleclrvrt of Historic Ptc~~lerties, and with khis agency's responsibilities underSection 2b7.QG1, Flc»•irtrr St{zhrtes, The State I-listc~ric Preservation Officer is to advise Federal and State age~tcies as they identify historic properties {listed or eligible for listing, in the Natrarctf Register of Nislaric Fences), assess etfects upon thenr, and consider alternatives to avoirl or nu»in~ire adverse effects. Becat{se of the project location and/ar nature, it is corlsiclereif unlikely that historic properties will bE affected, Therefore, it is the opil~iart of this office tht~t the proposed project will have no effect on historic properties listed, or eligible for listing u~ the Nrtli{~r{n[ Register of Hislot•ic Plrrc'es, or otherwise of historical or archaeological vale{e. if you leave any Elriestiotts caj~cernil~g our eomittents, }Tease do not hesitate to contact Susal~ Harp at $5D•2~5.6333, Thank y~~u For your interest in protectitrg Florida's historic resources, Sincerely, ~ ~'" v Lat{ra A. 1:antnlerer Deputy State C-Iistoric Preservakion Officer For Review aril Compliance 500 S. Bronough Street • T:~Ilal~atssee, rL 32399-OZ50 + htt~y:/ltv~v-v,fllicrit~gc,corn ^ 17irectar's Uffice d .archaeotogical Research / flfsEoric i'reservaElon 850.2=15.630b ~ FA\, 2~{5.h~13{i 350.245,6~4d ~ FAX: 245,645? 350.>_45.6333 • F:1\:2.15.6437 Q~Q~~~N OF ~~, W ~ ~nitec~ ~fate~ I)e~artment of the ~nte>i•ior 4 f ~ FISI-I AND WILDLIFE SERVICE South Florida Ecological Services Office ~QRO~ s~ ~ea~ 1339 20'x` Street Vero Beach, Florida 32960 1~Earch 25.2011 Memorandl_un ~~~ ww~•``cl To: Patricia 1-[arrell, Boating Access Coordinator, Division of La«r ~'ntorcemenifBoating /- and Waterwrays ~rOil]: ~PaU( ~Ott2a. FlelCi ~Ltp81'~~t5t)1', SOtlt111'lorlda EC010g1C~1 Sel'~~ECeS OfflCe, 1Z[',~iC}Il ~~ Subject: Infra-Sel'vlce S~Ctton ~ Col]SUli11t1011 C)!7 the "City of Delray Beach, Boat Ranlp -Sport Kish Restoration Gralyt" -this project has 1~een assigned Service Activity Code ~11~120-2x11-Cl'A-0121 and Service Consultation Cade ~ 1 ~-2a-201 I -i-a 1 14. The project was 1)ermitted tl~t•ottgh the Cot•ps Llllder Nation~vidcy 1'el•171it 3; C`orps' pcl•l~iit tluml~er SA,1-2aa5-x8610 (NW-D1.R). Using t11e October 2008 iVlal~atee Key, tl~e Coles cteterniined the project nay affect, but is loot likely to tldversely affect the ernclarzgerec( Wcst 113diat~ manatee {7t•iellcrc(tus nrur~crttrs•). Service cnncurrel~ce was 1~tovideti through the ley 1111(1 110 ftll'thel• COnSilltall011 vas 11P,C~SSary for the matlatee. Attached is t11e 51f~llZd BlOloglcal ~\+1tll1at10t1 Fc)t•nY providing coneurl•ence with yotll• itltt•a-Service section 7 request. Thanl: you far coordinating this project t;pith us. [I~you have any gtl~stions, please contact Victoria Foster at 772-562-3909, extension 269. Attachment '"P.1~ Fit ~~ ~ ~ 1N ~~I ... ~ January,1999 REGION 4 INTRA~SERVICE ~ECl'ION 7 BIOLOGICAL EVALUAI'iON FORM Originating Person; Patricia Harrell Telephone Number: 850=410-0656 X 17122 E-Mail: patricia.harrellCc~,myfwc.com Date: 9114109 PROJECT NAME (Grant TitlelNumber): I. Service Program: Federal Ald Clean Vessel Act Coastal Wetlands Endangered Species Section 6 Partnerships for Wildlife X Sport Fish Restoration ~ Boating Access or Boating Infrastructure Grant (BIG} Program Wildlife Restoration f=arm Bill Section 390 II. 5tatelAgency: Florida Fish and Wildlife Conservation Commission Ili. Station Name: Law Enforcement 1 Boating and Waterways IV. Description of Proposed Action (attach additional pages as needed): Mangrove Park Boat Ramp -- City of Delray Beach Existing ramp and floating dock will be removed, The boat ramp will be repaired to reduce the slope. Floating dock will be reconstructed to a lower profile. The South Florida Water Management District determined That this work was incompliance with the original permit (Permit Na. SD-07332-P}. The Army Corps of Engineers has authorized the work under the Nationwide Permit (NWP} Number 3 File No. SAJ-2005-08610-(NW-Di_R}. V. Pertinent Species and Habitat: A, Include specieslhabitat occurrence map: Attached B. Complete the following #able: ~ SPECIBSICRITICAL HABITAT ~ STATUS Endangered TUS: E=endangered, T=threatened, PE =proposed endangered, P7=proposed threatened, CFi=critical habitat, PCH=RraRased critical habiiaf, C=candidate species } January, 1999 VI, Location (attach map}: ,} A. Ecoregion Number and Name: 53 South Florida B. County and State: Paim Beach County ! Plorida C. Section, township, and range jor latitude and [ongitude}: Township 46 S Section 2~ Range ~43 E 25 degrees 26' 4p.78" N -80 degrees 3' 57.32" W D, Distance (miles) and direction to nearest town: 1.2 miles, City of Deiray Beach E. Specieslhabitat occurrence: See Attached VIL De#ermination of Effects; A. Expianation of efFects of the action on species and critical habitats in item V. B {attach additional pages as needed): SPECIESI CRIT[CAL HABITAT IMPACTS TO SpECI(;SICRITICAL HABITAT Manatee N{A - repair of boat ramp only B. Explanation of actions to be implemented to reduce adverse effects: SPEC[ES! ACTIONS TO MITIGATEIMINIM[ZE IMPACTS CRITICAL. HABITAT ~ Manatee Project wit! adhere to the Standard Manatee Condition for in-Water Work (20Q9). VIII. Effect Determination and Response Requested: SPECIESI DETI=RMfNATI0N1 RE5PONSe1 NE NA AA Manatee X Boat ramp repair only DET~RMINATIOKIRi;SAOidS~ R~QUSST1;13: t~E = no effect. This determination is appropriate when the proposed ac~on will not directly, tndlrectly, or cum€~lalIvaly Impact, either positively or negatively, any fisted, proposed, candidate species or designatedlprapased critical habitat. Response Raquesl is optional but a Concurrence is reeomrrtended for a complete Adminislrallve Record. ldA =not likely to adversety affecf. This determination is appropriate when the proposed action is not likely to adverselylmpactony listed. proposed, candldato species or designaiedlproposed criUCal habitat or there may be benef€cial affects to these resources. Response Requested is a Concurrence. AA = likely to adversely affect. This deierminatlon is appropriaie when the proposed action !s likely to adversety impact any fisted, proposed, candidate species or designafedlproposad critical habitat. Response Requested for Ilsied species is f:orrrrat Consultation. Response Requesied for proposed or candidate spectes is Conference. 2 January,i999 Signature (State Repressntativs] Boat Access Coordinator Titie U21251'I 1 Date Law Enforcement -~ Boatin and Waterwa s DivisionlOfFice K. Reviewing Ecological Services Office Evaluation: A. Concurrence __~ __ Nonconcurrence B. Formal consultation required C. Conference required D. Informal conference required ~. E. Remarks (attach additional pages as needed]: signature date GP~.~ Suoer_ S,s _ St"ESl7 ,U2~~ -- _ - title office X. Reviewing Division of Federai Aid Staff Evaiuation: A. Concurrence Nonconcurrence B. ESA Section 7 Coordinator Cansuited C. Remarks (attach additionai pages as needed]: signature date title office 3 January, 1989 X, Chief -- Division of Federai Aid: A. Concurrence Nonconcurrence signature date ~I l:l'rl C'UAII' Wr1N[;L CtI IsC ICLIS'I' UMI3 \a!. IuIS~UI ltl F:xlti r~ ~ u3J] 11211(1-1 State: FlOrlda ltederftl hiulliicilll Assistance Gr;uit/Agreeincltt/AntcnafntentNlnubcr: (:runNl'raject 14:inlc: Sport Fish Restoration -Boat Access --City of Delray Beach, Mangrove Park Boat Ramp 'l'hIs Itt•nltasal ^ Is; ~Is nut rnluptelcly cuvcretl lty cutegurlcal eXCtusion No(s}.__ ___, S1fi I)M1I G Altltcndix i. {r•Gec•& f / } vue) {Keview lu•tJpu.scal uc111"idea'. Au upprnpt•irrlc" ertfegu+•icttl c".rr•ltrslon r+t+w't G< itleutr'j7c"rl Ge ilt•e rvtrtlJlellt+l; Ilte rc"rttrrfurlct• uJ•rhe Cltecklil•r. IJ'a cutegurlr•rrl ecc'hrsiun c•rrt+uut 8e ttletrtijierl, ur 1Gr 17raltusul curtuul utce! rlre rputlilYt+7~ rrlicrirr itr lGe~ ClliC~~Ur'lCff 1 ('.FCIrr.1YWt, art 1;It In+M1S'f GE" l71'ellrl!'erl•/ Lxccntlons: lVifl '! 'Itls I'1'U[7Ql711 (C GeCIi { /) j'C'S Ill' tr0 IQl'e(!['G next Gelid+~): Yes Na ^ 4A I. Ilavc sigitilicant adverse af'fecls an pub lie lleallh or sa#oly. ^ Vt ~. I IeIVC it(1VCCSC s!l'fCClti Ull SnClt lOtl(]t!C ~CO~CdI)111C CI11iilClL'rISI1C1 h5 ItISIOrtC Ur CIEIElIrF1I fCSpIIE'CCS, Itrtrk, rLCrcaliun ur refuga Itutrls. \vildcrna~s arils, wild or SS:enic rivals, sole ur Itrinci]rll afrinkiitg w;licr uquil'cls, Ikrllnc I'ai"IltlalUlS, \VCIIakIdS, Ik7UCIl1Ial11S, Ur CCOIUglcally Si~illflCillll Ur critlCill :lrCati, II1CIaallltg It1USC IislCd On IIIC DCItarllitC»l's N:ilIUll:tl ItChISICrUfNatural Lunalluarkr•. ^ // Q! 3. (lava highly r;anlravcrsi;ll eltvirumncltlal ct'fecls. ^ Sp ~I. I[ave Highly uncertain and 17o1enliully signii"ICUnI environlna:nl.~E ct'I'~cu ar involve ultigtte ur Imknu\vn environutcnlal risks. ^ iil S. t;sE;llstisll a Itrecedeul t'ur i'unlre action or represcn# ll alecisit~n in tiriuciple altuul lillura etcliuns with Iluienlilltly signilit:anl citviroiu»Cilllll effects. ^ ~ G. l3C dirCClly fCl:lled IU U111Cr i1CllalnS wllll iltdiV'taf«ally i1iSl$III~Cilllt,l)llt Clllitttl:lllYCly xigitit'icanl cnvirunmculal el'1'ecls. ^ 1 i i T. I lavc;lclversc cflcet~ on protkarfies listed ur efigiblo fur listing un the Naliuuul It egisfer of llisluric I'luces. ^ ,. , / {~ :l. II;IVC aLIYCCSC CtfCCIS all S1tCCICS IlslC[I Ur j)rUl}USCaI lU t1C IISLCd U31 lhC I.i$I Uf 1:11aI3FEt~CrCd Ur TltrealCllCd SIICCECS, Ur Iti1VC aIIVCr5C Cffl'CIS OIt dCSigtlatC(I (,.ritlCal Ilil#tII:N for IIICSC SI)CL'ICS. ^ ~ 9. finve ntaterial udversa efi'ecls all resuura:cs requiring compliance wills L'xeculivc Uralcr I E9fiti tFtaaalltlain 11'lall:l~,'ai»Clll), t;XI:CIIIiVI' Ur(ICI' 1 tt)90 (I'rUlCellult Ul'lVL'Ilall[IS}, UrfhC I'isll :lntl W ildllfC ~,UUCdillallU» ACt. ^ {~ IU. Threaten to vinlnla a E~eticrul, Stale, local or Iribal I;nv ur requireutenl iulltased fur 1[ic prnlection ol• the cnviroktr»clu. (IJ'utti' uf'11+r «Guvr rt'cc~7fiuus r•crell'c" rt "Yes" clrec•k {/) ,art Is.l rn trxJ be p+•epru'erl.J Cnncnrrcilces/AUtruvslls: `~ ~~ ~ ~~ ~~ ~ I?~~lt I'rojacl Leaalcr. ~ ~ _ Uutc: 5falc AtItllurilyCancurrancc: _ _ _ ___ __ l~,+ 'amtc•frrl,rrsst u+ce sfLttatn re aullrnr•i!1", il•ut11711rullle) #VlNrltr r/tc" x171((1 caul ittirsr ojtl+c> Cntruc•il r,l'lsrtvi7•urtuu"++tul Qrrcrlilt•'s r•cgrrltt11r7Jra• jar It+tpfrutcurlrrg rlre,Vrrfiounl lir+l'U•uu+uexlrr! NrJlicl• dri l+Vl:'Nrf) rrr+rl ullter• slrtttrtes, u7•rlclr-, utul lJtrlk•Ics tltulln•utrrl./Ixlt auri tri1r11iJe 7•a"suurres, / lun'e ra~tttblls)trd 1Gc",Jirlluu•iu,r; utlutitrlxltrtii+•e t•cY•urJ rru1lltrn•c ricleiwtitted !lrrrt tGc" gt•uttdrrgr•e rrrtcttllrrtrtesrAt+ettC [3 Is sl cutcgarlc:ll exe#usian sls provldeal Uy 516 Uk11 G, Jllrpcltal#X I. No further NIsl'A tlocumenlutiou tvill thci'efare be made. ^ Is nr-l cnntplctcly covcrccl ff1' the cutegorleal eXellisiou as Itrovlded by SIG p11 G, rlppelialts I. rln LA must he prepared. 17 111CIi1dC5 Ollll`Y attuellCSl Ii1f41'nl:tti011 SItI)I)0i'tlll); IIIC Clleek[lsl. $crvfcc sikunhirc tlftprasul: IZU ur WU E:nvirunnunlal Canrdimilur: Duic: Staff'Sllecialisi, l]ivisiun ufl~cdcrul l1 id: __--- . pa1C: (ur autllorircd Service rcprescnta live wilfl financial assisla»ce sig»alurc ;uilhurily} 1~4VS horn 3-2185 U81U0 _i~~ ~ ~l w; :~ i`ri [~ ~~ .•,_ ,,` Iii tU :~ 3J ~~a ~w i~ ~~ f.~~x:1LiY~c ~~. .. ~Jllir s~~ ~_ ~~~~ y ?os, ~~ ~..~...a,~l-3 SOUTH ~LORIiIA ATE1Z IVIANAGEIVIEN'T DISTRICT Environmental Resource Regulation Application tdo., 100715-11 July 29, 201© ~? .~~ t~, ~r.~ Ew r~ CkTY OF DI=CRAY BEACH 434 S SWINTON AVE t7ELRAY BEAC€-I, 1=1_ 33444 bear Pem~Iittee; SUBJECT: PERMIT' PtO.: 50-07332-P Project : pELRAY BEACH MANGROVE PARK Location: Palm Beach County, S21~f46S/R43E Dist-ict staff has reviewed the information submitted July 15, 2010, for the change of the scope of the two existing boat ramps and the cowering of 2.4 fast of the existing staging dock to the east of the ramp. The proposed changes are designed to €mprove the functionality of the ramp and dock, All work will occur within the footprint of the existing facllit[es and will not affect the existing stormwater drainage system. Based on chat Informat€on, t7€sirict staff has determined that the proposed activities are in comp€€ance with the original environmental resource permit and appropriate provisions of FAC Rule 4flE-4,331 ~2)(b), Therefore, these changes have been recorded in our flies. Please understand that your permit remains subjeci to the General Conditions and all other Special Conditions not modified and as originally Issued. Should you Have any puce#fons concerning this matter, please contact this office. Sinc r ly, Carlos A. de Rotas, .E=. Section Leader - 5wm Palm Beach Serv€ca Center CD/el c: Ecolagicai Associates fno Flor€da Inland Nav€gation Disirici Mathews Consulting, tnc. Palm Beach County Engineer ' 3301 Gun Club Road, West Palm Beach, Ffor€da 3306 ~ (561) 666-8800 q FL iNA'I51-804432-2045 tvlaififrg Address: P.O. Box 24680, West Palm Beach, F[.33416-4680 ~ www.shvmd.gov ~.' , p~pAFiTMENT OF TWA ARMY .' ~~1{!~, JACKSONVIi.I.£ ~IfSTRfC:T CORPS Q~ ~NG~~IEERS . ~ !'.O. SOX 497Q ~~ JACKSONVII.I.~, ftORIDA 32232©019 aneY~ao~ August 20, 203.0 Real Estate Division Management and Disposal Braneh bTr. Richard Hasko birector of Environmental Services City of Dezzay Beach 434 South Swinton Avenue Delray Beach, Florida 33444 Dear Mr. Hasko, Reference is made to letter dated August 19, 2010, from T.a~ri FVhite, Chief, Palm Beach Gardens Regulatory Section, relative to the requirement for a consent to easement far a project authorized by ' Department of the Army Permit No. 2005-08510 (NW~DL,~2}. After review of the proposed project, the dererminarinn has been made that it is not within the gederal right-of-way, Therefore, a consent to easement is n,at required, Yf you have any guestionr~, please telephone Mr, Larry Wright of this office at 904-232-2537. $iriCBre Jaf~n M , Baker Chief, Read. Estate Division I]EPARTMENT OF'THE ARMY JACKSOtJViLLH DISTRICT CORPS OF ENGINEERS 4400 PGA BLVD„SUITE 500 PALM BEACH QARDf;NS, FLORIDA 33410 R@PLY TO ATYENtION OF A,UG ~ 9 20f0 Regulatory Division Palm Beach Gardens Section SAS--2005-08610 (NW--DLR} City of Delray Beach Richard Hasko, Director of Environmental Services 934 S. Swinton Avenue, Delray Beach, FL 33494 Dear Mr. Hasko: Your application for a Department of the Army permit received an 22 July 2010, has been assigned number SAJ-2005--08610 (N~F--DLR} . A review of the information and drawings provided shows the proposed work is to repair the existing beat ramp facility by 1} changing the slope of the two existing boat ramps, a~~d 2} lowering the existing staging dock to the east of the ramp by 2.9 feet. All work will occur within the footprint of the existing project. The project is located in the Intracoastal Waterway adjacent to the City of Delray Beach's Mangrove Park off tl.S. 1, Delray $each (Section 21, Township 46 South, Range 43 East}, in Palm Beach Cow~ty, Florida. Latitude: 2&.445, Lor~gitude; -80.066. Your project, as depicted on the enalased drawings, is authorized by Nationwide Permit (NWP} Number 3. In addition, project specific conditions have been enclosed. This verification is valid until the NWP is modified, reissued, or revoked prier to 18 March 2012, It i5 incumbent upon you to .remain informed of changes to the NWPs. We will issue a public notice when the NWPs are issued. Furthermore, if you commence ar are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have 12 months from the date of the modification ar revocation of the NWP to oamplete the activity under the present terms and conditions of this nationwide permit. Please access the U.S. Army Corps of 1Jngineers' (Corps) Jacksonville District's Regulatory Vrebpage to access web links to view the Final Nationwide Permits, Federal Register 'Vol. 72, dated 12 March 2007, the Corrections to the Final Natian4ride Permits, Federal Register 72, 8 May 2047, and the i,ist of Regional Conditions, The ~rebsite address is as follows: http://www.saj.usace.army.mil/Divisions/Requl.atory/sourcebook.htm. .2. Please ba aware this web address is case sensitive and should be entered as ~.t appears above. Once there you will need to click on "Nationwide Permits." These files contain the description of the Nationwide Permit author~.zation, the Nationwide Permit general conditions, and the regional conditions, which apply specifically to this verification for Ni~P 3. A copy of a portion of the Final Nationwide Permits, Federal Register Vol. 72, dated 12 March 2007, has been enclosed, specifically pages 11180 through 11198. Additzvnally, enclosed is a list of the six General Conditions, which apply to all Department of the Army authorizations, You must comply with all of the special and general conditions and any project specific condition of this authorization or you may be subject to enforcement action. Tn the event you have net completed construction of your project within the specified time limit, a separate application or re~ verification may be required. 1. Within 60 days of completion of the work authorized, the attached "Self-Certification Statement of Camp3.iance" must be completed and submitted to the U.S. Army Corps of Engineers. Mail the completed farm to the Regulatory Division, Enforcement Section, Special Project and Enforcement Hranch, Post Office Box, 4970, Jacksonville, k'lorida 32232-0019. 2. The Porma,ttee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or ~rork herein authari.zed, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shah. cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee wi1.l be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on aCCOUnt Of any such removal or alteration, 3. No structure or work shall advorse~.y affect ar disturb properties listed ~_n the Natiana~. Register of Historic Places or those eligible for inclusion in the National Register. Prier to the start of work, the Permittee or other party on the Permittee's behalf, shall conduct a search in the National Register Information System (NRIS). Information can be found at; http://www.cr,nps.gov/nr/research/nris.htm. Information on properties eligible far inclusion in the National Register can be identified by contacting the ~'lorzda Master File Office by email at fmsfile@dos.state.~l.us or by telephone at 850-245-6440. -3- 1"f unexpected cultural. resources are encountered at any time within the project area that was not the subject of a previous cultural resource assessment su~cvey, work should cease in the immediate vicinity of such discoveries. The permittee, or other party, should notify the SHPO immediately, as well as the appropriate Army Corps of Engineers office. After such notifications, project activities should not resume without verbal and/or written authorization from the SHE?O. If unmarked human romains are encountered, a1.1 work shall stop immediately, and the proper authorities notified in accordance with Section 872.05, Florida Statutes, unless on Federal lands. After such notifications, project activities on non-Federal lands shall not resume without verbal and/or written authorization from the Florida State Archaeologist for finds under his or her jurisdiction. 9, Prior f:o tho ina.tiation of any of the work authorized by this permit the permittee shall instal.].. floating turbidity barriers with weighted skirts that extend to within one foot of the bottom around all work areas that aro in, or adjacent to, surface waters. The turbidity barriers shall remain in place and be maintained until the authorized work has been completed and a]..]. erodible materials have been stabilized. 5. 'The permittee shall comply with the "Standard Manatee Conditions for Tn-Water Work 20x9" provided (Attachment) with this permit. 6. The permittee shall. comply with National Marine Fisheries Service's "Sea Turtle and Smalltooth Sawfish Construction Conditions" dated March 23, 2006 and provided (Attachment) with this permit, 7. A portion of the proposed work is located within the Federal right--of--way for the Intracoastal Waterway and requires a Department of the Army Consent to Easement, By copy of this permit, the proposal is being forwarded to the Corps Real Estato pivision for action on the Consent to Easement. Prior to commencement of construction the permittee shall provide written verification to the Corps that the Consent to Easement has been approved. Failure to obtain the Consent to Easement invalidates this authorization. This letter of authox~izati.on does not obviate the necessity to obtain any other Federal, State,•or local permits, which may be required. Tn Florida, projects qualifying for this NWP must .q. be authorized under Part TV of Chapter 373 by the Department of Environmental Protection, a water management district under §. 373.069, F.S., or a local government with delegated authority under §. 373.441, F.S., and receive Water Quality Certification (WQC} and Coastal zone Consistency Concurrence (C~CC) (or a waa.ver}, as well as any authorizations required by the State for the use of sovere~.gn submerged lands. You should check State- permitting requirements with the Florida Department of Environmental Protection or the appropriate water management district. This letter does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood-prone area, and if you must comply faith the local building requirements mandated by the National Flood Insurance Program. Tf you are unable to access the Internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced NWk', please contact Dana Rankin by telephone at 561-472-3526, Thank you for your cooperation with our permit program. The Corps ~7acksonville District Reguia~.ory Division is co~~unitted to improving service to our customers. We strive to perform our duty in a friend~.y and timely manner while taorking to preserve our environment. We invite you to take a few minutes to visit the following link and complete our automated Customer Service Survey: http://pert.nwp.usace.axmy.mil/survey.html. Your input is appreciated -- favorable or otherwise, Again, please be aware this web address is case sensitive and should be entered as it appears above, Sincerely, ~~~~ _L Tori White Chief, Palm Beach Gardens Section -5- Enc~osuxea bcc: Matthew GoEE, (Agont} via email David Roach, BIND CESAJ~RD~PF C~SAJ~RD~RE GENERAL CONDITIONS 33 CFR PAR`>? 320--330 QUaLISHEb FEDERAL REGISTER DATED 13 NOVEMBER 19$6 1. The time limit for completing the tvortc authorized ends on date idant~.~ied in the letter. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2, You must maintain the activity authori.xed by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General. Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire L-o abandon it tivithout a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3, If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. we will. initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing i.n the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the necv otivner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. ~. Tf a conditioned tivater quality certi.Eication has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if i.t contains such conditions, 6: You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being ar has been accomplished in accordance with the terms and conditions of your permit, DEPARTMENT Off' THE ARr+IY PE~tMZT TRANSFER REQUEST PERMIT NUMBERt SAJ-2005-©96.0 (NW-DLR) When the structures or worf~ authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Althou h the construction eriod for works authorized b Da artment of the Arm ermits is finite, the permit itself, with irs lirnitations~ does not expire To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the CJ.S. Army Corps of Engineers; Enforcement Secti.an, PosC Office Box ~97Q, Jacksonville, FL 32232-0019. (TRANSFEREFwSYC3NATURE) (SUBDIVISION) (DATE) (~,oT1 (BLOCx) (STREET ADDRBBS} (NAME-PRINTED) (MAILiNC~ ADDRE581 (CITY, STATE, lrlP CODFs} SELF-CER'~IFICA'i'TON S'x'ATFMEN'I' OF COMPLIANCE Permit Number; NW-3 Appliaat~.an Number: SAJ-200508610 permittee's Name & Address (please print or type): 't'elephone Number Location of the Work: Date Work Started: Date Work Completed; Description of the Work (e.g., bank stabilization, residential or commercial tilling, docks, dredging, etc.): Acreage or Square Feet of impacts to Waters of the ilnited States: Describe Mitigation completed (it applicable): Describe any Deviations from Pexmit (attach drawing(sj depicting the deviations): i certify that all work, and mitigation (if applicable) was done in accordance with the 1i.mitata.ons and conditions as described in the permit, Any deviations as described above are depicted on L-he atL•ached drawing(s). Signature of Permittee Date c~ $ ~ ~ ~ ~ ~~ ~ ~ Q a ° ~ ® ~ ,~ ~ N~~ r ~~~~ ~ ~ ~ ~~~~ ~ a ~ ~ ~-~F ~ ~~~ ao q p y. ~ C N ----~JL~~,ra Q B L P ~.s'j `° ~~ ~ 1 0. A51aL~'a Fib 1M11 Z C~• ~ _n ~ ~ ~ ® ..~ .............._-__! U U~ xr~ur ~s O~ ~ ~ki'L W a~ B5o Lil6H 1 ~ vv o-u z p" a re aca wean anat." Z o ~ ~ ~ g~ ~~ ~ ~ 4 Y ~~ U ~~ ~ ~~~~ W~~~kQ Y ~ //////~~~ )L <r ~~ } ~ ~ ~ ~~~~~~~ Q ~ ~ ~ ~ . ~~ ~~ ~ ~~~~~~~~~~ o~~ ®~ U~ ~I spa as ~~~xxa~xR~~~ .; ~,Ar~S w-)'a`~+uw ~''~~o!•'i=i..f i~~5~~~aa faaartKi~ilv~Ae.x ~-' ° HdI8H0 °l°4D i- 3~F 0 P Q O E1 tl~4'bl`,{O O O ~ ~V ~' ~r`~{ ~' F~F~11 F ~ v I $ •~ w E r] d ti < ~d aS G ~' ~F ~ y f.~ 1 1 [ I 1~ y - I I I ~ ~ '~ I I , ~ ~ m ~ ~ ~ ~ I i , 1 ~ I ~ ui ~' I x ~ ~ ~' O ~ I 1~ I I ~ ~~ p N I ~' ~ I? V '8 ldl 3 i ~ ~ ~ ~ t~~yFFFF~ ~ ~... (tl ~ g t _ E ~.~ v S __ E ~ ' - U I g S I ~ E ~ F ' E i I I _ E G- °n .tl ~ fA E [ ~ F E ~ E rl i (o ~ ~ ~ ~,~ ~ 4 ~; $ ~ , 4 ~ ~ ~ ~ ~ _ ~ I ~ ~ d ~ ~~gw ~ ~~ - -i-- ~ g ~ ., ~ ~ 1 ~ ~ -~ ,~_ ~~ ~ ~ ~ N ~~ ~ i i ~ d ~ .~ - - ~ m e F S ~ )~ '~ ~~ ~ I r ~ ~ ~ ~ ~ 1! 1 # u ly i i ~~ _ ~I ~ z' _ - - ~ N 1=-~ J y~ a~ > E3 ~~ ~ ~~ ,~ `-- ~ ~ j ,~ Q ~~ ~ ti~~ ~ i i , ~~~ ~'' J ~~ O ~ ~ e '~ ~ ~ ' ~~~~ «~ d~- ~~ R~ ~ ~, ~. r ~ `7~ ~. 'v~- 5 d }~ !f ~' ~ ~' ~ ^~ ~ -' } ~' ~ ~ a1s ~ ~ ~ ~ ~~¢ 7 ,~ ~~ & F P ~ ri ~ ,~,~ ~ n li ~ ~, a ~~ ~~¢ ~~ ~~d ~ ~ ~ ~~o ~~ .~~' ~ ~ ono ~ ~~ ~x ~ r A~ _ ~ ~ 4 ~~ ~~~ i t a bA ~ ~ i a f/] ~ " ~~ ~~ ^ ~ ~`~ ~ ~~ 'r'te ~ ~ / , ~® ~ r a \ ~ e r , <. ~ ,~ N /'{l r ~o~ '~ \ ~, ,.' '-~1 ~ ~e u 1~ ~_ /~ ~~ t Q~ y ~~ ~8 ~ w~ t m~~ ~4. ~~ ~ Q ~ ~-, ° Q ~ y ` ,sr r' ~' W~~ Q~ 0 _~~ °~~ _ ~ r e ~~ ~ ~' ~1~ ~~ ~~ ~~ ~~ ~& ~ , f l / f (~ a r ~~~~ ,~ ~ ~~~~ ¢~ ~ a- x.s a ~~ 9 0 0 0 0 o a c~ U P °o „ ~ N .» of w 4 ci ri i ~ lri ti v ~ Stl K ` 1 E E~ ~ ~ ~ , ` _ ~~ ~ 3 N ~ [ I~ i I ff ~ I '~' - I~' d °• ~~ ~ c Y 6 ~ U 1 ` I ~ ~ }~ ~rv 6+y 1~ I15 ~i fSQ y z 1 i ~Ir.~ I! i - d~ F 1 .~}~3 ~F:11~:!'~I ~ K Z O A ~ I ~ • C4~t1 a~ - I •, , ~ ~ K I 1 ~ 1 ~T i ~ I i } ', i - I 1 ~~~: ~~ ~" ~ ~ I IE I rl~~/,' ~ a II ~ ~ _. .i i- x~~~ ~ I `~ ' fn u°.~L z~i' ~ ~~3 ~ ~ .!-~r t ~° ° ~I~ ~ ~~ I ; , ~ ~ ~ ' _ ' ;' ~ `~ D ,1 ~ i Li ~ N O E ~ 1 ~,3 ~ ~ _ ~ o ~ ~ ~ ~ '~ ~ ~ d ~ ~ ~~~ ~ ~ ~~~ a ~ ti ~ N ~ ~~~ ~ _ ~ r3 ~- $ 0 ~ a~ C ~. a~ ° && / ~ D b `~ z ~ p ! ~ ~ `" ~i ~`~! ~ ~ ~ ~' 1 g S ,: ~ i ~ ~~ ~ ~ ~ 'I ~'. - ~ ~ N ~~ a as ~ F f~ I ~ ~ > vl1~~ I ,f 1~~~ ~~ I~ I ~ I;,, Q ~ i ~1 f ~ ~ "~~~ ~ o f i r 1 ', ! ~ Q LY:1 Y~ I ~ I ~ ~ 1 LL 1 ^w ~' JJ I ~ > 1 a ~ ;> ~ ~ Q a _ I j 0 Q~ ~~~~ ~~~ r ~~' ', [-t w 1- 111 AFN , y~V ii vT.m/~1 fl /1 ~ i%'9 : 0 [w:i 91~ 44~Y >Oii R~/ r .s ~i .. ~r.l~.. ~ a~-.<i.~-.f n.. rile.-r f.'.\r.::.-~i .- r s~~ .y~~ i-J~~~~ l~ld~~~ l ~ Qo ~~ ~8 ~ i N j ~t c i ~~~ ~ ~~ ~ ~~ ~ 0 Z ~~ tl~ N~ _,, ~,. FJ ~~ ~ i ~o ~ ~~ U ~ ~~ ~o~~ ~~ W~ o~~~ ~~~~ U~a~ !3 b! ci W~swi +v •w+i ~ P~~ t-a' /e1 Est w`5~'.~6 ic~sc~9Pl s~~'-"4. r.r _., ~._. „ ~ . . 3... r i~ - ~ ~ i ~ f ~ll :.t .•.1~. r •.1~..__ _r -1:.~ _..a~•1. {.~5~ ~ ~"NOIS3~ %4fl a ~ ~ 3 ' r ~ z ` ~\ Iii jE 111 ~"°~ ~, ~ a E . 1 1 ~ i ~ i~~~\ ~ ~tl ~ I ~ ~ ~ ~ ~~ III ji ~I i F k ~ $~~ I II it II ~ \ ~~ b~ ~~ ~ ~ r ffE ` d g ~~~ ~ ~I II II I~\ ~3 ~ ~' A I \~ ~ ~ ~ ~ ~I II fI I f ~ ~ !gig 1 ~ ~ ~~ ~ II II III 8. $s ' r 3 i F .. ~~~_~ \ __ ! II II Il I ~~ ~~ p 1~~~1 j -I I~ II ~ ©~, i ~~~~+ ~ I j1 II jl I ~ O w ' N O ~ i u it li I 1 t ~ ~n ~.~ _ _ ~k f [ ~ ~ ~F 3 4 ~~ ~"Y ~ j%~jl ~ o i 1 ~ III II II j ~ ~~~ ~ J 1 E ~ I 0 1 1("-31~ ~~~ 0 m 1 3 1 I , ~ - I ~~ ~~ it I a ~ ~ fu' 1 I I ~ ~ I~i~I~I,_ ~ ~ ~ ~ ~ i i E \\ +~ { ,I I, III4I ~ ~ I ~, III jI jI I u ~~ 1 [ 1 { ~ -. E ~ I - •; i iI II~iI I ~z =~,~ - ~ \ I iI~ ~~ a ~~~ i i 1 jl '~~-~ ~. ~ ~ ~I ~ I ~F ~ N r i I :'~i;1'.' ~ III II II 1 ~ ~p ~ ~! 1 ~~ ~ J ~ I ' ,~ W 1 1 7 i I ,° ~~ ~ ~~~~ ~~ _ U~~~ ~ z ~ a - ~ 3r ~ s 311 -s Ir~nl`I m'~i~i ~ r~ i- rt3 "r.o; Iw sc)ara.~3w Ct" ~ ~~~ I 1 ~ ~ I , I -- --~- - f------~~- \ ~ -. I I I g 1 ~~ ~~ I ~ ~~ I ~ 1 O ' = E ii..11 1 t `/ ~ Y ~~~ z 3 ~ ~ 1 I I $~o ~ ~ ~ =a I g~ ~ ~ ~ =g ~ ~ ~~~~ t+ ~ ~ ~a~ ~ ~ ~ ~ l d 1 I I 1 \ ~ 1 I E ~\~ I E " ~~~ J 1 I ~ f \ , 1 { \ I 1 ` i I I 3 1 3 I 1 I 1 ->=_ ~s' i 1 ~ ~~ ~. 1 I ~ 1 ~ ~ 1 ~ 1 1 ~ 1 1 N ~ ~~ 1 ~~ qqyy~~ 1 ~K~ I ¢ [ I1 `3 t~ 2~~ i [ ~m i Y i ' ' tt j I j I I ~ I ~ I I r ~ ~ ~~ i a ` \ ~ i i j ~ : j I ii 1 + 1 1 11 1 !~ 1 1 i 1 / }~ 1 I = 1 F 1 f I ~ 1 f ! I 11 1 if •-, i r aye r' '~~ :_.:-- r \ 1 •y'.2 II it ~ is--._,: r( \ ~r, I ~Lw, ~ ,~~ 11 1 ~ r - i"" I ~ //f t / / ~z'°~~ I 1 ~' ~ ~~ I 1 z i ~ ~ ~ ~~ s ~_~~ ~~ 4 ffo ~o ..:moo a I~ c:~ U ~~ ~ e __ ~ o-,c I ~ o~- , ~; - __ _ l ii ~i i r - _ ~.Q V LLI{.lY.~ S I S ~~ ~ ~~ Ry r1 ~ I-11_-1~-I I ~ ~~~ a~ III ~~ 1I1 a~~ ~ A ~~~ iii li (i i ~~~ ~~ 4 1. 1 ~ ~~~ ~ jl li If ~~ I~~ ~~ o~ III ~I 1~ I ~~~ ~~ o I I# Ity ~! I B~~ ~~ ,n I ~( II II ( n p.., I ~I ~~ ~~ ~ cif ~ fiiitlli ~~~n ', III II 11 ~ ~ g ~ . ~~ ,~ ~ a~~sLs~ 1 ~~ ~~ ~~ ~ ~ a ~ ~~~ ~ ~~ I ~i if II i 0. ~ ~~ I II If If 1 ~ ~~~ S - 1 0. I ' ~ ~ O L` + ~~ :1 I i_ - . i e 8 I !!I ~ a i ~ iHt ~ = wz ; 1~ 1 y ~ ~+ ji L_ F- 1 1 ~ = 1 ~ u ~! ~~ ij=J~ ~~ U 6 i ~ Wi~~ ~- ~ U ~ ~ ~ ~~ ~ ~~~ m z z ~ ~ ~o ~ ~ ~ ~~ ~~~~ ~o o~~ U~~~ -,"•~i3~i~i %~Fi~4§'ei~i""'~:li-~e':~n17~*ryYaS {.nsri.lpi' ~1V10'JM raves ~ r $~~ ` ~~~ +:jl gg g N yi '~ 666 ~~~ ~ b ~ ~ ~, ~ cJ jg ~ ~' ~~ ~ ~ s $ F ~ 4 ~ ~25z ~ g ~~,ts ~ be 2~f`I 3 ~~~ ~,EII ~~~ 3 rao ~ -- ~ ,s ~g {~ ~ ~ A ,t ~~~~ -- -- -- ~ ~ ~~~ ` S, ° -- - -- <' o _..._ _ _ - ~ N ~ ~7 q C ~4 ms's _ _ ~ -~ ~p ~ .~d" n _F U FZ pN W 1~ z ~J y &SS~ N ~A ~~ (A ~O a V ~~ V U ~~ W ~~ ~ pq F ~ ~ ~~r ~~ ~ ~ .. ~- ~ W --~ Q Q d ~~ Uw~~ `~ cirri iu+i :r7a~ 4~e"i~P,-,-`-~nTa ='n~L7i7'c~r i.~ t~ v~1 aY>> 4~~~tKr or rp¢i ~ ~~ ~t7 A ~~~ s~arss 411'6' UNiT}UD STATES DIJPAR'l'MCNT OTC' COMMCRCE National Oceau#e and Afmosphcrlc Adurlnlstr•xtlon NATfO~lAt, t4iAR11YC I?fSHr'sRILzS SGRVICL~ Soufhcast Regional Ot~'icc 263 13th Avenue Soutlt St. Petersburg, FL 33741 SCA TURTLE A,ND SMALLTOOTH SA~Y~ISkI' CONSTRUCTION GONIpITIONS The pernriftee shall comply with the following protected species constt•uetion conditions; a. The perm#Itce shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea hrrfles and smalltooth sawt'ish. All construct#on persotutel are responsible for observing water-related activities for the presence of these species. b. The permittee shall advise all construetiott personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawCislt, which are Irotected under the 13ndarrgered Species Act of 1973. c. Siltation barrier's shall be made of nraterla# in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species cntrapruent, Barriers may net block sea hurtle or smalltooth sawfish entry to or exit from designated critical habitat Svithout prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida. d, All vessels associated ~vitlt rite construction project shall operate at "tto wake/idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel prnv#des less than a four-foot clearance fi•am the bottotu, All vessels will preferentially follow deop-water routes (e,g,, marked channels) whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 10o yards of the active dally construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than SO feat of a sea turtle or smalltooth sawfish, Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a SO~ft radius of the equipment, Activities may not resume until the protected species has departed the project area of its ovvn volition, f, Any collision with and/or injury to a sea turtle ar smalltooth sativfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division {727824 53 l2) and the 1oca1 authorized sea turtle stranding/rescue organization, g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. Revised; March 23, 200b 0:lformslSea Turtle and Smal(tooth Sawfish Construction Conditions.doc ~°""°""~ Gp ~~'1!erd ~ STANDARD MANATI~~ CONDITIONS FOR IN-WATER WORK 2ao9 The permittee shall comply with the following conditions intended to protect manatees from direct projec# effects: a. Al! personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need fo avoid collisions with and Injury to manatees, The permit#ee shat! advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Ac#, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b, All vassals associated with the construction project shall operate at "Idle SpeedlNo Wake" at all times while In the immediate area and while in water where the draft of the vessel provides less than afour-foot clearance from the bottom. All vessels will follow routes of deep wa#er whenever possible. c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-wafer operations, Including Ve55eIS, must be shutdown if a manatees} comes within 50 feat of the operation. Activities will not resume until the manatees} has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation, Animals must not be herded away or harassed, into leaving. e. Any collision with or injury to a manatee shalt be reported immediately to the FWC Hotline at 1- 8t36-404-FWCC. Collision andlor inJury should also be reported to the U.S. Fish and Wildlife Service In Jacksonvlile (t-904-T31-3336} for north Florida or Vero Beach (1-772-562-3909) for south Florida. Temporary signs concerning manatees shall be posted prior to and during all in-waist project activi#ies. All signs are to be removed by the permittee upon completion of the project. Awareness signs chat have already been approved for this use by the Florida Fish and Wildlife Conservailon Commission (FWC} must be used (see MyFWC.com}. One sign which reads Ca~ffon: Boaters must be posted. A second sign measuring at least t3'll2" by 11" explaining the requirements for "Idle SpeedlNo Wake" and the shut down of [n-water operations muss be posted in a location prominently visible to a!I personnel engaged In water-related activities. ®~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~~ ~ ..~. ~~ ~ ~ ~ ..~ ~ ~ ~ ~~ • ~ ~~ ~ v ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .~. ~ ~ Z 3 0 0 x N .~} FWC Contract No. 10217 ATTACHMENT H CERTIFICATION REGARDING DEBARI4IENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS Required for all contractors and subcontractors on procuremen# (vendor} contracts of $100,000 or more, and for all contracts and grants with sub-recipients regardless of amount, when funded by a federal grant. 1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its pri~zcipals: {a) Have not within athree-year period preceding this response been convicted of or had a cri~t~inaf 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 anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, i~~alcing false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federa[, State or local) with commission of any of the offenses enumerated in paragraph 2.(a} of this Certification; and (e) Have not within athree-year period preceding this certification had one or mare public transactions (Federal, State or local) terminated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of , 20_. By: Authorized Signature/Contractor /Sub-Recipient Typed Name/Title Contractor/ Sub-Recipient Organization Name Street Address Building, Suike Number CitylState/Zip Code Area Code/Telephone Number Page 1 of 2 FWC Contract No. 10217 ATTACHMENT H INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, dre certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed Fvhen this transaction was entered into, If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to tite Federal Government, the Florida Fish and Wildlife Conservation Commission (FWC) or age~rcies Gvith which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall pravide immediate written notice to the perso~r to which this contract is submitted if at any time the certifying party learns that its certification was erroneor~s when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, Dave the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the FWC or agency with which this transaction originated. 6. The certifying party fitrther agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, ar voluntarily excluded from the covered transaction, unless it knows that the certifcation is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List {Telephone No. (202} SO1-4740 or {202} 501-4873.} 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in goad faith the certification required by this clause. The knowledge and information of a participant is not required to exceed drat which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph S of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the FWC or agency with Fvhich this transaction originated may pursue available remedies, including suspension andlor debarment. Page 2 of 2 FWC Contract No. 10217 ATTACI~MENT I SITE DEDICATION This Site Dedication gives notice that the Real Property identified as described iti Exhibit A, Legal Description, attached hereto, (the "Property") has been developed with financial assistance provided by the Florida Legislature, through the Fish and Wildlife Conservation Commission, under the grant program called the Florida Boating Improvement Program (FBIP), In accordance with Chapter 68-1.003, F.A.C., and the Program Guidelines of the FBIP, the Property is hereby dedicated to the public as a boating access facility for the use and benefit of the general public for a minimum period of twenty (20) years from the date of this dedication. DEDICATOR Original signature Printed Name Title Date STATE OF FLORIDA COUNTY OF Witness Printed Name Witness Printed Natne The foregoing instrument was acknowledged before me this _ day of , 20 by ,who is personalty known to me or who produced as identification. Stamp: Notary Public, State of Florida FWC Contract No. 10217 Title 50: Wildlife and Fisheries ATTACHMENT) PART 84-ADMINISTRATIVE REQU[REMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS Section Contents: § 80.1 Definitions. § 80.2 Elegibility. § 80.3 Assent legislation. § 80.4 Diversion of license fees. § 80.5 Eligible undertakings. § 80.6 Prohibited activities, § 80.7 Appeals. § 80.8 Availability of funds. § 80.9 Notice of desire to participate. § 80.10 State certification of licenses. § 80.11 Submission of proposals. § 80.12 Cost sharing. § 80.13 Substantiality in character and design. § 80.14 Application of Wildlife and Sport Fish Restoration Program funds. § 80.15 Allowable costs. § 80.16 Payments. § 80.17 Maintenance. § 80.18 Responsibilities. § 80. i 9 [Reserved § 80.20 Land control § 80.21 Assurances. § 80.22 [Reserved § 80.23 Allocation of funds between marine and freshwater fishery projects. § 80.24 Recreational boating access facilities. § 80.25 Multiyear financing under the Dingell-Johnson Sport Fish Restoration Program. § 80.26 Symbols. § 80.27 information collection requirements. Authority: 16 U.S.C. 777-777n; 16 U.S.C. 669-669k; 1$ U.S.C. 701. Source: 47 FR 22539, May 25, 19$2, unless otherwise noted. Note: The information collection requirements in this part have been approved by the Office of Management and Budget under control number 1018-0048. § 80.1 Definitions. As used !n this part, the following terms have these moanings: Common horsepower. Any size motor that can be reasonably accommodated on the body of water stated for development. Comprehensive fish and wildlife marragemenf plan. A document describing the State's plan for meeting the long- range needs of the public for fish and wildlife resources, and the system for managing the plan. Diroctor. The Director of the Service, or his or her designated representative. Tho Director serves as the Secretary's representative in matters relating to the administration and execution of the Wildlife and Sport Fish Restoration Acts. Page 1 of 12 FWC Contract No. 10217 ATTACHMENT J Project. One or more related undertakings necessary to fulfill a need or needs, as defined by the State, and consistent with the purposos of the appropriate Act. Regional Director. The regional director of any region of tho Service, or his or her designated representative. Resident angler. One who fishes within the samo State where legal residence is maintained. Secretary. The Secretary of the Interior or his or her designated representative. Service. The U.S. Fish and Wildlife Service. Sfate. Any State of the United States and the Commonwealths of Puerto Rica and the Northern Mariana Islands, the District of Columbia, and the territories of Guam, the tJ.S. Virgin Istands, and American Samoa. References to "the 50 States" pertain only to the 50 States of the United States and do not include these other six areas. Efate fish and wildlife agency. The agency or official of a State designated under State law or regulation to carry out the laws of the State in relation to the management of fish and wildlife resources of the State. Such an agency or official also designated to exercise collateral responsibilities, e.g., a State Department of Natural Resources, will be considered the State fish and wildlife agency only when exercising the responsibilities specific to the managoment of the fish and wildlife resources of the State. Wildlife and Sport Fish Restoration Acts or the Acfs. Pittman-Raber#son Wildlife Restoration Act of September 2, 1937, as amended (50 Stat. 917; 18 U.S.C. 889-869k), and the Dingell-Johnson Sport Fish Restoration Act of August 9, 1950, as amended (64 Stat. 430; 16 U.S.C. 777-777n). Wildlife and Sport Fish Restoration Program Funds. Funds provided under the Acts. [73 FR 43127, Juiy 24, 2008] § SD.2 Eligibility. Participation in the benefits of the Acts is limited to State fish and wildlife agoncies as specified below: (a) Dingell-Johnson Sport Fish Restoration-Any of the Stafes as defined in §80.1. {b) Pittman-Robertson Wildlife Restoration-Any of the States as defined in §80.1, except the bistrict of Columbia. j47 FR 22539, May 25, 1982, as amended at 50 FR 21448, May 24, 1985; 73 FR 43128, Juiy 24, 2008] § 80.3 Assent legislatfon. A State may participate in the benefits of the Act(s) only after it has passed legislation which assents #o the provisions of tho Acts and has passed laws for the conservation offish and wildlife including a prohibition against the diversion of license fees paid by hunters and sport fishermen to purposes other than administration of the fish and wildlife agoncy. Subsequent legislation which amends these state laws shall be subject to review by the Secretary. If the legislation is found contrary to the assent provisions, the State shall become ineligible. § 80.4 Diversion of license fees. Revenues from license fees paid by hunters and fishermen shall not be divorted to purposes other than administration of the State fish and wildlife agoncy. (a) Revenues from license fees paid by hunters and fishermen are any revenues the Stake receives from the sale of licenses issued by the State conveying to a person the privilege to pursue or take wildlife or fish. Far the purpose of this rule, revenue with respect to license sales by vendors, is considered to bo the net income to the State after Page 2 of 12 FWC Contract No. 10217 ATTACHMENT J doducting reasonable vendor foes or similar amounts retainod by sales agents. License revenues include incomo from: (1 } Genoral or special licenses, permits, stamps, tags, access and recreation fees or other charges imposed by the State to hunt or fish for sport or recreation. (2} Sate, lease, rental, or other granting of rights of real or personal property acquired or producod with license revenues. Real property includes, but Is not limited to, lands, building, minerals, energy resources, timber, grazing, and animal products. Personal property includes, but is not limited to, equipment, vehicles, machine, tools, and annual crops. (3} Interest, dividends, or other income earned on license revenues. (4) Project reimbursements to the States to the extent that license revenues originally funded the project for which the reimbursement is being made. (b) Far purposes of this rule, administration of the State fish and wildlife agency include only those functions required to manage the fish and wildlife-oriented resources of the State far which the agency has authority under State law. (c} A diversion of license fee revenues occurs when any portion of licenso revenues is used for any purpose other than the administration of the State fish and wildlifo agency. (d} If a diversion of licenso revenues occurs, the State becomes ineligible to participate under the pertinent Act from the date the diversion is declared by the director until: {1) Adequate legislative prohibitions are in place to prevont diversion of license revenue, and (2) All license revenues or assets acquired with license revenues are restored, or an amount equal to license revenue diverted or current market value of assets diverted (whichever is greater) is returned and properly available for use for the administration of the Skate fish and wildlife agency. {e} Federal funds obligated for projects approved prior to the date a diversion is doctored remain available for expenditure on such projects without regard to the intervening period of the State's ineligibility. [54 FR 15209, Apr. 17, 1989, as amended at 73 FR 43128, July 24, 2008] § 80.5 Eligible undertakings. 1'he following are eligible for funding under the Acts: (a) Pittman-Ro6erfson Wildlife Restoration Act. (1 }Projects having as their purpose the restoration, conservation, management, and enhancement of wild birds and wild mammals, and the provision far public use of and benefits from these resources. (2) Projects having as their purpose the education of hunters and archers in the skills, knowledges, and attitudes necessary to be a responsible hunter or archer. (b} ©inge!!-Johnson Sport Fish Restorafian Acf. (1) Projects having as their purpose the restoration, conservation, management, and enhancement of sport fish, and the provision for public use and benefits from these resources. Sport fish are limited to aquatic, gill-breathing, vertebrate animals, bearing paired fins, and having material value for sport or recreation. Page 3 of 12 FWC Contract No. 10217 A7TACHMi~NT J (2) Additional funds resulting from expansion of the Sport Fish Restoration Program must be added to existing State fishery program funds available from traditional sources and not as a substitute there for. [47 FR 22539, May 25, 1982, as amended at 50 FR 21448, May 24, 1985; 73 RR 43128, July 24, 2008] § Sfl.6 Prohibited activities. The following are not eligible far funding under the Acts, oxcept when necessary for the accomplishment of project purposes as approved by the regional director. (a) Law enforcement activities conducted by the State to enforce the fish and game regulations. (b} Public relations activities conducted to promote the State fish and wildlife agency. § 80.7 Appeals. Any difference of opinion aver the eligibility of proposed activities or differences arising over the conduct of work may be appealed to the Director. Final determination rests with the Secretary. § 80.8 Availability of funds. Rands are available for obligation or expenditure during the fiscal year for which they are apportioned and until the close of the succeeding fiscal year except as provided in §80.24. For the purposes of this section, funds become available when the Regional Director approves the grant. [73 FR 43128, July 24, 2008] § 80.9 Notice of desire to participate. Any State fish and wildlife agency desiring to avail itself of the benefits of the Acts steal! notify the Secretary within 60 days after it has received a certificate of apportionment of funds available to the State. iVotification to the Secretary may be accomplished by either of the following methods. In either method, the document must be signed by a State official authorized to commit the State to participation under the Acts}. (a) Submitting to the regional director within the SO•day period a letter stating the desire of the State to participate in the Act(s); or, (b) Having an approved Application for Federal Assistance which contains plans for the use of Wildlife and Sport f=ish Restoration Program funds during the period of the apportionment. [47 FR 22539, May 25, 1982, as amended at 73 FR 43128, July 24, 2008] § 80.10 State certification of licenses. (a) 7o ensure proper apportionment of Federal funds, the Sorvice requires that each director of a State fish and wildlife agency: (1) Specify a license certification period that: (i) Is 12 consecutive months in length; (ii)15 either the State's fiscal year or license year; {iii) Is consistent from year to year; and Page 4 of 12 FWC Contract No. 10217 ATTACHMENT J (iv) Ends no Less than 1 year and no more than 2 years before the beginning of the Fedoral fiscal year that the apportioned funds first become available for expenditure; {2) Obtain the Director`s approval before changing the State-specified license certification period; and (3) Annually provide to the Service the following data: (i) The number of persons who hold paid licenses that authorize an individual to hunt in the State during the State- specified license certification period; and {ii) The Wombat of persons who hold paid licenses that authorize an individual to fish in the Skate during the State- specified liconse cortification period. {b}When counting persons holding paid hunting or fishing licenses in aState-specified license certification period, a State fish and wildlife agency must abido by tho following requirements: {1}The State may count all persons who possess a paid license that allows the licensee to hunt or fish for sport or recreation. The Sta#e may not count parsons holding a license that allows the licensee only to trap animals or only to engage in commercial activities. {2) The S#ate may count only those persons who possess a license that produced net revonue of at least $1 per year returned to tlfe State after deduc#ing costs directly associated with issuance of the license. Examples of such costs are agents' or sellers' fees and the cost of printing, distribution, and control. (3) The State may count persons possessing asingle-year licenso {one that is legal #or less than 2 years) only in the State-specified license certification period in which the license was purchased. {4) Tha Skate may count persons possessing a multiyear license (one that is legal for 2 years or more) in each Sta#e- specified license certification period in which the licenso is legal, whether it is legal for a specific or indeterminate number of years, only if: (i) The net revenue from the license is in close approximation with the number of years in which the license is legal, and {ii) Tho Stato fish and wildlife agency uses statistical sampling or other techniques approvod by the Director to determine whether the licensoe remains a license holder. {5) The State may count persons possessing a combination license {one that permits the licensee to both hunt and fish) with: (i} The number of persons who hold paid hunting licenses in the State-specified license certification period, and {ii) The number of porsans who hold paid fishing licenses in the same State-specified license certification period. {6) The State may count persons possossing multiple hunting or fishing licenses (In States that require or permit more than one license to hunt or more than one license to fish) only once with: {i) The number of persons who hold paid hunting licenses in the Stake-specified license certification period, and (ii} The number of persons who hold paid fishing licenses in the same State-specified license certification period. (c} The director of the State fish and wildlife agency must provide the certified Information required in paragraphs {a) and (b) of this section to the Service by the date and in the format that the Director specifies. If the Director requests it, the diroctor of the State fish and wildlife agency must provide documentation to support the accuracy of this information. The director of the Sta#e fish and wildlife agoncy is responsible for eliminating multiple counting of singlo Page 5 of 12 FWC Contract No. 10217 ATTACHMSNTJ individuals in the information that he or she certifies and may use statistical sampling or other techniques approved by the Director for this purpose. (d) Once the Director approves the certified information required in paragraphs (a) and (b) of this section, the Servico must not adjust the numbers if such adjustment would adversely impact any apportionment of funds to a State fish and wildlife agency other than the agency whose certified numbers are being adjusted. However, the Diroctor may correct an error made by the Service. [73 FR 43128, July 24, 2008] § 80.11 Submission of proposals. A Stake may apply to use funds apportioned under the Acts by submitting to the Regional Director either a comprehensive fish and wildlife management plan or grant proposal. (a) Each application must contain such information as the Regional Director may require to determine if the proposed activities are in accordance with the Acts and the provisions of this part. (b) The State must submit each application and amondments of scope to the Stake Clearinghouse as required by Office of Management and Budget (OMB) Circutar A-95 and by State Clearinghouse requirements. (c) Applications musk be signed by the director of the State fish and wildlife agency or an official delegated to exorcise the authority and responsibilities of the State director in committing the State to participate under the Acts. The director of each State fish and wildlife agency must notify the Regional Director, in writing, of the official(s) authorized to s€gn the Wildlife and Sport Fish Restoration Program documents, and any changes in such authorizations. [73 FR 43128, July 24, 2008] § 80.12 Cost sharing. Federal participation is limited to 75 percent of eligible costs incurred in the completion of approved work or the Federal share specified in the grant, whichever is less, except that the non-Federal cost sharing for the Commonwealths of Puerto Rico and the Northern Mariana Islands, the District of Columbia, and the territories of Guam, the U.S. Virgin Islands, and American Samoa must not exceod 25 percent and may be waived at the discretion of the Regional Director. (a) A minimum Federal participation of 10 percent of the estimated costs is required as a condition of approval. (b) The non-Federal share of project costs may be in the form of cash or in-kind contributions. (c) The non-Federal share of project costs may not be derived from other Federal funds, except as authorized by specific legislation. [47 FR 22539, May 25, 1982, as amended at 73 FR 43129, Juiy 24, 2008] § 80.13 Substantiality in character and design. All projects proposed for funding under the Acts must be substantial in character and design. A substantial project (for fish and wildlife purposes) is one which: (a) Identifies and describes a need within the purposes of the relevant Act to be utilized; (b) Identifies the objectives to be accomplished based on the stated need; Page 6 of 12 FWC Contract No. 10217 ATTACHMENT J (c) Utilizes accepted fish and wildlife conservation and management principles, sound design, and appropriate procedures; and (d) Will yield benefits which are pertinont to the identified need at a level commensurate with project costs. § 80.14 Application of Wildlife and Sport Fish Restoration Rrogram funds. (a) Stakes must apply Wildlife and Sport Fish Restoration Program funds only to aclivi#ies or purposes approved by the Regional Diroctor. If otherwise applied, such funds must be replaced or the State becomes ineligible to participate. (b) Real property acquired or constructed with Wildlife and Sport Fish Restoration Program funds musk continue to serve the purpose for which acquired or constructed. (1) When such property passes from management control of the State fish and wildlife agency, tho control must be fully restored to the State fish and wildlife agency or the real property must be replaced using non-Federal funds not derived from license revenues. Roplacement property must be of equal value at current market prices and with equal benefits as the original property. The State may have up to 3 years from the date of notification by the Regional Director to acquire replacement property before becoming ineligible. {2) When such property is used far purposes that interfere with the accomplishment of approved purposes, the violating activities musk cease and any adverse effects resulting must be remodiod. (3) When such property is no longer needed or useful for its original purpose, and with prior approval of the Regional Director, the property must be usod or disposed of as provided by 43 CFR 12.71 ar 43 CFR 12.932. (c) Wildlife and Sport Fish Restoration Program funds cannot be used for the purpose of producing income. However, income-producing activities incidental fo accomplishment of approved purposes are allowable. Income derived from such activities must bo accounted for in the project records and disposed of as directod by the Director. [73 FR 43129, July 24, 2008] § 81).15 Allowable casts. (a) What are allowable costs? Allowable costs are costs that are necessary and reasonable far accomplishment of approved project purposes and are in accordance with the cost principles of OMB Circular A-87 (For avaiiabifity, see 5 CFR 1310.3.). (b) What is required to determine the allowability of costs? Source documents or other records as necessary must support all costs to substantiate the application of funds. Such documentation and records are subject to review by the Service and, if necessary, the Secretary to determine the aflowability of costs. (c) Are costs allowable if they are incurred prior to the date of the grant? Costs incurred prior to the effectivo date of tho grant aro allowable only when specifically provided for in the grant. (d) How aro costs allocated In multipurpose projects or facilities? Projects or facilities designed to include purposes other than these eligible under either the Dingell-Johnson Sport Fish Restoration or Pittman-Robertson Wildlife Restoration Acts must provide for the allocation of costs among the various purposes. The method used to allocate costs must produce an equitable distribution of costs based on the relative uses or benefits provided. (e) What is the limit on administrative costs for State central services? Administrative costs in the form of overhead or indirect costs for State central services outside of the State fish and wildlife agency must be in accord with an approvod cost allocation plan and cannot exceed in any one fiscal yoar three per centum of the annual apportionment to that State. Each State has a State Wide Cost Allocation Plan that describes approved allocations of indirect costs to agencies and programs within the Sta#e. Page 7 of 12 hWC Contract No. 10217 ATTACHMEN~J (f) How much money maybe obligated far aquatic resource education and outreach and communications? (1) Each of the 50 States may spend no more than i5 percent of the annual amount apportioned to it under ttte provisions of the Dingell-Johnson Sport Fish Restoration Act for an aquatic resource education and outreach and communications program for the purpose of increasing public understanding of tho Nation's water resources and associated aquatic life forms. (2) The Commonwealths of Puerto Rico and the Northern Mariana Islands, the District of Columbia, and the territories of Guam, the U.S. Virgin Islands, and American Samoa are not limited to the 15-percent cap imposed on the 50 States. Each of these entities may spend more for these purposes with the approval of the appropriate Regional Director. [66 FR 18212, Apr. 6, 2001, as amended at 43129, July 24, 2008j § 80.16 Payments. Payments must be made for the Federal share of allowable costs incurred by the State in accomplishing approved projects. (a) Requests far paymen#s must be submitted on forms furnished by the Regional director. (b) Payments must be made only to the offico or official designated by the State fish and wildlife agency and authorized under the Laws of the State to receive public funds far tho State. (c) All payments are subject to final determination of allowability basod on audit. Any overpayments made to the S#ate must be recovered as directed by the Regional Director. (d) The Regional director may withhold payments pending receipt of all required reports or documentation for the project. [47 FR 22539, May 25, 1982, as amended at 73 FR 43129, July 24, 2008) § 80.17 Maintenance. The State is responsible for maintenance of all capital improvements acquired or constructed with Wildlife and Sport Fish Restoration Program funds throughout the useful life of each improvement. Costs for such maintenance are allowable when provided for in approved projects. The maintenance of improvements acquired or constructed with funds other titan funds from the Wildlife and Sport Fish Restoration Program are allowable costs when such improvements are necessary for accomplishment of project purposes as approved by the Regional Director and when such casts are otherwise allowable by law. [73 FR 43129, July 24, 2008j § 80.18 Responsibilities. In the conduct of activities funded under the Acts, the State is responsible for: (a) The supervision of each project to assure it is conducted as provided in the project documents, including: (1) Proper and effective use of funds. (2) Maintenance of project records. (3) Timely submission of reports. Page 8 of 12 FWC Contract No. 10217 ATTACI~MENT J (4) Regular inspection and monitoring of work in progress. (b) The selection and supervision of project personnel to assure that: (1) Adequate and competent personnel are available to carry the project #hrough to a satisfactory and timely completion. (2} Project personnel perform the work to ensure that time schedules are met, projected work units are accomplished, other performance vbjoctives are being achioved, and reports are submitted as required. (c} The aecauntability and contro! of all assets to assure that they serve the purpose for which acquired throughout their useful life. (d) The complianco with all applicable Federal, State, and local laws. (ej The sottloment and satisfaction of all contractual and administrative issues arising out of procurement entered into. § 80.19 [Reserved] § 90.20 Land control. Tho State must control lands or waters on which capital improvements are made with Wildlife and Sport Fish Restoration Program funds. Controls may be exercised through fee title, lease, easement, or agreement. Control must be adequate for protection, maintenance, and use of the improvement throughout its useful life. [47 FR 22539, May 25, 1982, as amended at 73 FR 43129, July 24, 20t}$j § 80.21 Assurances. The State must agree to and certify that i# will comply with all applicable Federal taws, regulations, and requiroments as they relate to the application, acceptance, and use of Federal funds under the Acts. The Secretary shall gave the right to review or inspect for compliance at any time. Upon determination of noncompliance, the Secretary may terminate or suspend those projects in noncompliance, or may declare the State ineligible for further participation in program benefits until compliance is achieved. § 80.22 [Reserved] § 80.23 Allocation of #unds between marine and #reshwater #Ishery projects. (a) Each coastal State, to the extent practicable, must equitably allocate those funds specified by the Secretary, in the apportionment of the Dingell-Johnson Sport Fish Restoration funds, between projects having recreational benefits for marine fisheries and projects having recreational benefits for freshwater fisheries. (1) Coastal States are: Alabama, Alaska, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Yvrk, North Carolina, Oregon, Rhode Island, South Carolina, Texas, Virginia, and Washington; the territories of Guam, the U.S. Virgin Islands, and American Samoa; and the Commonwealths of Puerto Rieo and the Northern Mariana Islands. (2) The allocation and subsequent obligation of funds between projects that benefit marine and freshwater interests will be in the same proportion as the estimated number of resident marine anglers and resident freshwater anglers, respectively, bears to the estimated number of total resident anglers in the Stake. The number of marine and freshwater anglers shall be based on a statistically reliable method for determining the relative distribution of resident anglers in the State between those that fish In saltwater and those that fish in freshwater. Page 9 of 12 FWC Contract No. 1027 ATTACHMioNT J (3} To the extent practicable means that the amounts allocated of each year's apportionment may not necessarily result in an equitable allocation for each year. However, the amounts allocated over a period, not to exceed 3 years, must rosult in an equitable allocation between marine and freshwa#er fisheries projects. Ongoing merino project costs can be applied toward the State's saltwater allocation. (4) Failure to provide for an equitable allocation may result in the State's becoming ineligible to participate in the use of those funds specified, until such time as the State demonstrates to the satisfaction of the Director that funds will be allocated equitably. (b} [Reserved] [50 FR 21448, May 24, 1985, as amended at 43129, July 24, 2008] § 80.24 Recreational boating access facilities. The State must allocate 15 percent of each annual apportionment under the Dingell-Johnson Sport Fish Restoration Act #or recreational boating access facilities. Howovor, a Skate may allocate more or less than 15 percent of its annual allocation with the approval of the Service's Regional Director. Although a broad range of access facilities and associated amenities can qualify for funding under the 15-percent provision, the State must accommodato power boats with common horsepower ratings, and must make reasonable efforts to accommodate boats with larger horsepower ratings if they would not conflict with aquatic resources management. Any portion of a State`s 15-percent set aside far the above purposes that remain unexpended or unobligated after 5 years must revert to the Service for apportionment among the States. [43139, July 24, 2008] § 80.25 Multiyear financing under the Dingell-Johnson Sport Fish Restoration Program. (a) States may finance the acquisition of lands or interests in lands including water rights and the construction of structures and facilities utilizing multiyear funding as authorized by the Dingell-Johnson Sport f=ish Restoration Actin two ways: (1) States may finance the entire cost of the acquisition or construction from anon-Foderat funding source and claim Federal reimbursement in succeeding apportionment years according to a scheduled reimbursement plan. (2) States may negotiate an installment purchase or contract whereby periodic and specified amounts are paid to the seller or contractor and Federal reimbursements era allowed for each payment from any apportionment year current at the time of payment. {b) Multiyear financing is subject to the following conditions: {1) Projects must provide for prospective use of funds and be approved by the Regional Director in advance of the State's obligation or commitment to purchase property or contract for structures or facilities. (2) States must agree to complete the project even if Federal funds are not available. In the event the project is not completed, those Federal funds expended but not resulting incommensurate sport fishery benefits must be recovered by the State and reallocated #o approved State sport fish projects. (3) F'raject proposals must include a complete schedule of payments to complete the project, (4) hEo costs for interest or financing shall be claimed for reimbursement. [50 FR 21448, May 24, 1985, as amended at 73 FR 43130, July 24, 2008] Page 10 of 12 FWC Contract No, 10217 § 80.26 Symbols. ATTACHMENT J We have prescribed distinctive symbols to identify projects funded by the Pittman-Robertson Wildlife Restoration Act and tho Dingell-Johnson Spori Fish Rostoration Act and items on which taxes and duties have been collected to support the respective Acts. (a) All recipients identified in §Bt).2 of this part are authorized to display the appropriate symbol{s} on areas, such as wildlife management areas and fishing access facilities, acquired, developed, operated or maintained by those grants, or on printed materiat or other visual representations relating to projec# accomplishments. Recipients may require sub-recipients to display the symbol(s) and may authorize use by others, or for purposes other than as stated above, only with approval of the Director, U.S. Fish and Wildlife Service. (b) Other persons or organizations may use the symbol{s} for purposes related to the Wildlife and Sport Fish Restoration Program as authorized by the Director. Authorization for the use of the symbol(s) will be by written agreement executed by the Service and the user. To obtain authorization, submit a written request staking the specific use and items to which the symbol{s} will be applied to tirector, U.S. f=ish and Wildlife Service, Washington, DC 2024©. (c} The user of the symbol{s) shall indemnify and defend the United States and hold it harmless from any claims, suits, losses and damages arising out of any allegedly unauthorized use of any patent, process, idea, method or device by the user in connection with its use of the symbol(s), or any other alleged action of the user and also from any claims, suits, tosses and damages arising out of alleged defects in the articles or services with which the symbol(s) is associated. {d}The appearance of the symbols} on projects or items is #o indicate that the manufacturer of the product is taxed by, and that the Skate project was funded through, the respective Acts}. The U.S. Fish and Wildlife Service and the Dopartment of the Interior make no representation or ondorsement whatsoever by the disptay of the symbol(s) as to the quality, utility, suitability or safeness of any product, service or project with which tho symbol(s) is associated. {e} Neither symbol may ba used in any other manner except as authorized by the Director, U.S. Fish and Witdlife Servtce. Unauthorized use of the symbol(s) will constitute a violation of section 7©t of title 18 of the United States Cade and subject the violator to possible fines and imprisonment as sat forth therein. {f) Tho symbol pertaining to the Pittman-Roborsson Witdlife Restoration Act is below. ~'~Dlj~~ ~~s'~,, O ~` bRA`S~ Page 11 of 12 FWC Contract No. 10217 (g) The symbol pertaining to the Dingell-Johnson Sport Fish Restoration Act is below. 4~~T F1 ~ ..`~ ~_~ ~ ~ ATTACHMENT J (h) The symbol pertaining to the Pittman-Robertson Wildlife Restoration Act and the Dingell-Johnson Sport Fish Restoration Act whoa used in combination is below. ~~15x~ ~ Q ;~~ [52 FR 47571, Dec. 15, 1987, as amended at 73 FR 43130, July 24, 2008] § 80.27 [nformation collection requirements. (a) tnformation gathering requirements include filling out forms to apply for certain benefits offered by the Federal Govornment. tnformation gathered under this part is authorized under the Dingell-Johnson Sport Fish Restoration Act {16 U.5.C. 777-777n) and the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669-069k). The Service may not conduct or sponsor, and applicants or grantees are not required to respond to, a collection of information unless the request displays a currently valid OMB control number. OMB has approved our catlecticn of information under OMB contra! number 1018-0007.Our requests far information will bo used to apportion funds and to review and make decisions an grant applications and reimbursement payment requests submitted to the Wildlife and Sport Fish Restoration Program. (b) Submit comments on tfta accuracy of the information collection requirements to: U.S. Fish and Wildlife Service, Information Collection Clearance Officer, 4401 North Fairfax Drive, Suite 222, Arlington, VA 222D3. [73 FR 43130, Juiy 24, 2008] Page 12 of 12 MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Rafael Ballestero, Deputy Director of Construction Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 20, 2011 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 CONTRACT CLOSEOUT (C.O. N0.2/FINAL)/CHAZ EQUIPMENT COMPANY, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of ($41,130.83) and final payment amount of $63,756.42 to Chaz Equipment Company, Inc. for the completion of the SW 12 Ave Alleys; Phase I Project #2007-013. BACKGROUND The project consisted of improving the alleys and drainage of this area to allow for future development and implementation of the Southwest Area Neighborhood Redevelopment Plan. The alleys are located east and west of SW 12th Avenue and span from just south of Atlantic Ave. to SW 3rd St. They have been paved with a valley gutter to provide drainage. The storm water that is collected from the alleys has been tied into a dry retention system. On November 8, 2010, the City Manager approved additional scope for removal of an abandoned 4" water main, in the alley between 11th and 12th Avenues; and between 2nd and 3rd Streets; to include back fill and compaction to grade after removal. Change Order No. 2 includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #669736 to funding accounts 334-3162-541-68.49 (General Construction Fund/Other Improvement/SW 12th Av Ph I Alley; and 448-5461-538-68.38 (Storm Water Utility Fund/Other Improvement/SW 12th Av Ph I Alley). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of ($41,130.83) and final payment of $63,756.42 to Chaz Equipment Company, Inc. for the completion of the SW 12 Ave Alleys; Phase I Project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2/FinaI (Contract Closeout} PROJECT NO. 2007-013 DATE: PROJECT TITLE: SW 12€h Ave. Alleys; Phase I TO CONTRACTOR: Chaz Equipment Company, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AN_ D COVENANTS. JUSTIFICATION: Compleke changes #o project per the attached.Sehedule "A". SI_IMMARY OF CONTRACT AMOUNT/CIIANGES ORIGINAL CONTRACT AMOUNT $ Sb~1,985.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 8,095.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 573,080.00 COST OF CONSTRUCTION CI-IANGES THIS ORDER $f41,130.83~ ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 53I,949.I7 PERCENT DECREASE THIS CHANGE ORDER 7.27% TOTAL PERCENT DECREASE TO DATE 5.8~}% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Chaz Equipment Company, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER funding is available Irom account: MIA DEPARTMENT Environmental Services DELRAY BEACH, FLORIDA by i#s Ci#y Commission RECOMMEND: APPROVED: City Attorney FUNDING CERTIFIED BY By: Mayor ATTEST: By: City Clerk Sa;=ngAdminSPmjerts\200T2007-Ot310FFICIAU,CO 2 Final Chaz SW i2 Are Alleys 052°€ €.Aocx SCIIEAULE "A" TO CHANGE OR-ER NO. 2 /FINAL (CONTRACT CLOSEOUT) CHAS EQUIPMENT CODIPANY, INC. S1V 12 AVE. ALLEYS; PHASE I PIN 2047-0I3 ITE UNIT CONTRACT AWARD CONTRACT TO DATE M NO DESCRIPTION EST. QTY. UNIT PRICE TOTAL ACTUAL L1TY. UNIT PRICE EXTENDED TOTAL PRICE 4UANT ADJ. + 1- 1 Sife Mobilization LS 1 $ 20 300.00 $ 20,300.00 1 $ 20,3D0.00 $ 20 300.00 $ - 2 Maintenance of Traffic LS 1 S 5 OOO.DO $ S,DOD,OD 1 $ 5 000.04 $ 5 44D.44 $ - 3 As-t3uilt Record grawin s LS 1 $ 3,500.00 $ 3,5DO.OD 1 $ 3 500.00 $ 3,504.00 $ - 4 Erosion Control LS 1 $ 500.00 $ 500.04 1 $ 5D0.00 $ 540.Ofl S - 5 indemnification LS 1 $ 14.00 S 10.OD 1 $ 10.04 $ iO.DD $ - 6 Pro~ect ldentificatien Sin EA 1 S 550.00 $ 550.00 1 $ 550.04 $ 554.00 $ - 7 Ctearin and Grubbin , demoliticn & qis sa LS 1 $ 42,500.44 $ 42,5DO.D0 1 $ 42 504.00 $ 42 500.00 $ - 8 1 112" T e S-3 As haft 2 lifts incl. Tack co SY 7,198 S 9.50 $ 68,381.00 6,074 $ 9.SD $ 5T 743.44 $ 10,578.00 9 8' Limerock Base includes rime coat SY 7,448 S 11.44 $ 81,928.(10 6,286 $ 11.00 $ 69,146.00 $ 12,782.00 14 12" StabilizedlCom acted Su rode SY 7,921 S 5.00 $ 39,&45.00 7,365 $ 5.D0 $ 36,825.44 $ 2,780,D0 11 5' Wide 4"thick Concrete Sidewalk LS 1,104 S 13.54 $ 14,850.00 1,075 $ 13.50 $ 14 512.54 $ 337.5D 12 Curb Ram swltactile surface EA 24 S 420.04 $ 10,OSD.00 24 $ 420.00 $ 10 08D.40 $ - 13 O en Cui Pavement Re air SF 3 000 S 3.54 $ 10,500.00 2,203 $ 3.50 $ 7,710.54 $ 2,789.5D 14 .Valle Gutter LF 4,040 S 9.75 $ 39,404.00 3,959 $ 9.75 $ 38,640.25 $ 399.75 15 Header Curb LS 70 S 15.44 $ 1,050.00 4D $ 15.00 $ 600.00 $ 450.00 16 T e q Curb LF 351 S 9.04 ~ 3,159.00 233 $ 9.D0 S 2,097.00 $ 1,062.00 17 T e C Drains a Inletwlframo & rate FA 1 S 1,815.OD S 1,815.00 1 $ 1,Si5.fl0 S 1,815.04 $ - 18 T e E grains a tnlet wlframe & rate EA 13 S 1,955.00 $ 25,415.00 13 $ 1,955.00 $ 25,415.00 $ 19 4' Dia. Storm ManholewlCasin F~1 1 $ 1,875.00 S 1,875.00 1 $ 1,875.00 S 1,875.00 $ - 20 5' Ria. Storm Manhole w/eosin EA 3 S 2,625,00 $ 7,875.44 3 $ 2,625.D0 S 7,875.40 S 21 Gontrot Structure wllSum at bleeder F_A 1 $ 3,790.00 $ 3,790.00 1 $ 3,790.00 S 3,790.00 $ - 22 12" HgPE LF 200 $ 22.74 $ 4,540.44 185 S 22.70 $ 4,199.5D $ 340.50 23 18" RCP LF 2,540 $ 29.OD $ 72,500.00 2453 $ 29.40 S 71,137.00 $ 1 363.00 24 24" RCP LF 25D $ 40.50 $ 10,125.DD 229 S 90.50 $ 9,274.50 $ 850.50 25 34" RCP LF 45 $ 62.00 $ 2,790.04 24 $ 62.00 $ 1,488.OD S 1,302.00 26 36" RCP LF 90 $ 78.00 $ 7,020.OD 70 $ 78.00 $ 5 460.00 $ 1,560.00 27 3D" Mason Plu EA 1 $ 500.00 $ 540.00 1 $ 500.40 $ 500.00 S - 28 36" Mason Plu EA 2 $ 500.00 $ 1,ODO.OD 2 S 500.40 $ 1 ODO.DO S - 29 Grout 36" RCP LF 150 $ 45.D0 $ 6 750.00 141 S 95.00 $ 6,345.00 $ 905.00 30 Retention Area Excavation and Fine Gradin GY 345 $ 8.00 $ 2,760.00 345 $ 8.00 $ 2 760.D0 $ - 31 Connect to existin drains e EA 9 $ 75D.00 $ 6,750.00 9 $ 750.00 $ 6 750.44 S - 32 Remove exisiin inlet EA 4 $ 300.flD $ 1,2D0.00 3 $ 300.44 $ 90D.00 $ 300A0 33 Concrete drivewa a ran 6" thick SF 740 $ 5.50 $ 3,850.00 449 S 5.50 $ 2 469.50 S 1,380.50 34 As haltdrivewa 5F 7D0 $ 4.50 $ 3,150.00 792 $ 4.50 $ 3,564.00 $ 414.44 35 Swale radin & soddin SY 1 504 S 4.15 S 8,225.00 1,334 $ 4.15 $ 5,785.10 S 439.90 36 Soddin of Retention Area -Bahia SF 7 800 $ 0.20 S 1,560.D0 7 605 $ 4.20 $ 1,521.00 $ 39.40 37 avement Markin s & Si na e LS 1 S 3,400.00 S 3,400.flD 1 $ 3,400.00 $ 3,400.00 $ 38 Whael Sto s 1=A 31 $ 22.44 S 682A0 31 $ 22.00 5 682.00 $ - 39 Bollards EA 85 $ 160.00 S 13,640.00 83 $ 160.00 S 13,280.40 $ 320.00 40 Li ht Pole Relocation LS 1 5 2,500AD $ 2,500.00 1 $ 2,500.D0 $ 2,50D.00 S - 41 Removo Exlstin Water Main 2" LF 300 $ 4.00 $ 1,200.00 300 $ 4.D0 $ 1,200.00 $ - 42 Cut and Ptu Exisiin Water Main 2" EA 2 $ 100.40 $ 200.00 2 $ 10D.OD S 200.00 $ - 43 Video A[tawance LS 1 $ 1,000.40 S 1,000.00 1 $ 1,DDD,DD $ 528.00 $ (472.00 44 Unforeseen Conditions Allornance - Breaktlwsrr Belon• f 3 1 $ 25,004.40 3 25,D00.04 0.9565 $ 25,000.04 $ 23,913.32 $ (1,086.68) Add'3. scope for the Installation (replacement) of [2) valves on an existing 4" water main; to allow for the isolation and dlswnnaction [shut-off) of the watermain; to perform the planned drainage work. Approved by City Nianage€ on 10!06!10. S 8,645.50 - 1 S 8,645.54 - - Add9 scope far fhe praparalion for the excavationl6ackf It holo for City f ineslap; removing an existing 8" vrater main offset to slim€nate a conflict with the new 24"drainage across SW 12th Ave,;ust north of SW 3rd Si. Approved by City Manager on 10118f10 5,445.36 _ 1 5,445,36 _ Page 1 of 2 SCHEDULE"A" TO CHANGE ORDER N0.2 /FINAL {CONTRACT CLOSEOUT) CHAZ EQUIP14iENT COiVIPANY, INC. StiV I2 AVE. ALLEYS; PI3ASI; I P/N 2007-013 ITE CONTRACT AWARD CONTRACT TO DATE I?h DESCRIPTION UNIT NO EST. UNIT PRICE TOTAL ACTLfAf_ UNIT PRICE EXTI?NDI;D QUANT ADJ. QTY. QTY. TOTAL PRICE +! - Add9. Scope, for the preparalien fe€ the excavationl6ackfill hole for City tinestop to isolate existing 6" main; to resolve an unforeseen canflicl betvreen the proposed drainage pipe (north of $ 3,893.71 - 1 $ 3,893.71 - - stnrcture D-4} and ex3siing water main at the Intersaction of SW 2nd St. and the allay west of SW 12th Avo. Approved by City P,tanager on 11108f10. Add'I. Sod needed (vfiich vras not included in the bid quantity for swalo grading and sodding)1o $ 6,540.OD - 0.9531 $ 6,328.75 - - restore the dlsfurbed areas along the edges of the new alley. Approved 6y City Manger on 0211 111 1. 45 Irrigation System tteplacementAllowance LS 1 $ 5,000.00 $ 5,000.00 0.9185 $ 5,060.00 $ 4,593.00 $ (407A0) Iireak[lossn 6CfoR' Add'I. scope for the construction of a small concrete retaining wall to resaive an elevation difference at Ilse property line between a residence $ 3,900.00 - 1 $ 3,900.00 - - and the newly constructed allay. Approved by City Manager 2111H1. Add'I. scope to extend the ex#sling Irrigation system within the nigh;-oT-way along the SW 12th $ 693.00 - 1 $ 693.aD - - Ave. Alleys Approved by City Manager 4122!11. TOTAL ORIGINAL CONTRACT AWARD $5sa,ss5.ao $523,854.17 $ (41,130.83) Change Order No. 1 - Add`I. scope for the removal of an abandoned 4" water main, in the alley between 12th & E 1 th Avenues and LS 1 $8,a95.ao 58,a95.1}a 1 $3,495.17© $3,o95.a0 $ - beiu°een 2nd ~~ 3rd Streets; and backfilE 8: co€npact to grade after rcmova[. Approved by City l~fanager on 111x8/la. GRAND TOTAL $573,Q8a.00 $531,949,'!7 ($41,130.83) Original Contract Award $564,985.00 Previously Approved Changes $8,095.00 Tote! AwardlApproved to Date $573,080A0 Final Contract to Date $531,949.17 CHANGE ORDER NO. 1 !FINAL $ {41,130.83} Page 2 of 2 A V E N U E N .... , J, ..._ S. W. ST. ,,,1 / ~I ~~' ~~s ,~ ~, II ,. Ili .,JJ ST. 1 r.: ~~' i~ J ... ~° ..... ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, lil; i ,,,,,,, ,,,,,,,,,,,,,,,,,,,,, I ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1 II ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ~`~ ~ MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: June 1, 2011 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 AGREEMENT /HIT AFTER HIT, INC. ITEM BEFORE COMMISSION Request for Commission approval and authorization for the Mayor to execute an agreement between the City of Delray Beach and Hit After Hit, Inc. to create a Ultimate Performer singing competition at Pompey Park. BACKGROUND Hit After Hit, Inc. and the City/Parks and Recreation Department desire to create a Ultimate Performer singing competition for all ages at Pompey Park. Auditions will take place once a week for fourteen to sixteen weeks followed by the competition which continues for another four weeks. Sign ups will begin June 8, 2011. Hit After Hit will charge $20 per person per audition. The audience will pay $2 per voting card submitted at each weekly audition. The City staff will collect all fees and deposit in a City account at which time a check for one half (1/2) of all Event fees collected will be distributed to Hit After Hit. The winner receives a recording contract with downloadingrecords.com which includes: studio time to record 1-2 songs. Once the single has been recorded, it is then placed on www.downloadingrecords.com. Each download cost $.99 and the artist(s) make $.50 from each download. The Ultimate Performer's goal is to be an annual event which is positive and entertaining providing an opportunity for participants to become celebrities. RECOMMENDATION Parks and Recreation Department recommends City Commission approve the agreement between the City of Delray Beach and Hit after Hit, Inc. AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND HIT AFTER HIT INC. THIS AGREEMENT is made this day of , 2011, between the CITY OF DELRAY BEACH, a Florida municipal corporation ("City") and HIT AFTER HlT, INC., a Florida corporation ("Hit After Hit"). WITNESSETH: WHEREAS, Hit After Hit and City desire to create aFamily-Friendly Ultimate Performer all ages, singing competition, musical Event ("Event"} to take place one {1} time per week for fourteen to sixteen {14-16) weeks at Pompey Park Gymnasium ("Gym"} located at 1101 NW 2"d Street, Delray Beach, FL; and WHEREAS, the City and Hit After Hit will jointly sponsor the Event; and WHEREAS, the City shall permit Hit After Hit to use the City's name in obtaining additional sponsors and individual participants. NOW, THEREFORE, upon the mutual covenants herein provided, the parties agree as follows: 1. Recitals. The recitals set forth herein are hereby incorporated as if fully set forth herein. 2. Sponsorship and Marketing. {a) Hit After Hit shall have the right to market the Event to the community in order to obtain sponsors and individual participants. The City reserves the right to accept, reject or terminate, in its sole discretion, any sponsors, advertisers, or marketing materials that would not promote a positive image for the City or fail to be in the City's best interest or that conflict with other agreements the City has for vending rights or similar contracts. If such adverse action is taken by the City against any sponsors or advertisers, they shall na longer have the right to be affiliated with or continue to be recognized in any way by the City or Hit After Hit with regard to the Event, and any applicable rights under this Agreement shall cease. Hit After Hit shall inform all sponsors andlor advertisers of these rights and limitations and all such sponsors andlor advertisers shall be subject to all applicable terms of this Agreement. (b) The sponsors andlor advertisers shall not limit the other sponsors' andlor advertisers' names from being affiliated with or recognized in any way as being associated with the Event. 3. Hit After Hit's Responsibilities: (a) Hit After Hit shall be responsible for contacting businesses andlor individuals in the City to obtain sponsors andlor participants and to market the Event. (b) Hit After Hit shall be responsible for auditioning all participants and planning the weekly activities for all participants; (c) Hit After Hit shall be responsible for providing the following materials throughout the course of the Event: 1) Score cards, 2} pencils, 3} background music through a Florida licensed karaake company, 4) prize recording deal with www.do_wnloadingrecords.com, wherein event prize winner shall be entitled to at least fifty cents (50¢) per each ninety-nine cent (99¢) download and 2 including studio time to record one to two (1-2) songs at a recording studio located within at least fifteen {15) miles of Pompey Park. (d) Hit After Hit agrees to coordinate all Pompey Park Gym use with the City in advance of Event activities each week. {e} Hit After Hit agrees that it shall charge no more than twenty dollars ($20) per person per audition and no more than two dollars ($2) per voting card per week with all monies to be collected by City staff with one half (112) of the fees collected to go to Hit After Hit and one half {112} of the fees collected to go to City. (f) Hit After Hit agrees that it shall not, under any circumstances, collect fees themselves. (g) Hit After Hit agrees that it must get City approval before waiving any fees. (h) Hit After Hit agrees to follow all rules and regulations of the Pompey Park Recreation Center as set forth by City policy. (i) Hit After Hit agrees that all employees participating in Event shall submit to a background check. 4. City's Responsibilities: (a) The City agrees to set up a Parks and Recreation Rotary Account to receive Event fees collected by City staff. (b) The City agrees that it will disburse a check for one half {112} of all Event fees collected within two {2) weeks of invoice for same to Hit After Hit. 3 (c} The City agrees to allow Hit After Hit to use the Gym andlor a suitable alternative location to be decided on by both parties and to cooperate with Hit After Hit regarding scheduling Gym use for Event. {d) The City agrees to allow Hit After Hit to use the City's logo to advertise the Event to potential sponsors andlor participants subject to the City's ability to enforce its policy regarding use of the City's logo and City agrees to allow Hit After Hit to market using signs throughout the City subject to the City's sign code requirements and prior approval. The City agrees not to unreasonably withhold permission regarding either logo or sign use placement. (e) The City agrees to allow Hit After Hit to use the City's microphone, microphone stand, and a small Public Address system throughout the duration of the Event. 5. Independent Contractor. This Agreement does not create an employer/employee relationship between the parties. Hit After Hit is not entitled to any benefits paid to City employees. It is the intent of the parties that under this Agreement that Hit After Hit shat[ be an Independent Contractor and is not an employee of the City for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the .State Unemployment Insurance Law. 4 6. Indemnification. (a) Hit After Hit shall indemnify, save and hold harmless the City, its agents, employees, successors, and representatives from any injuries, claims, demands, suit, losses, costs, expenses, or damages which may be asserted, claimed or recovered against or from City or City's agents, employees; successors, or representatives by reason of any damage to property or person, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, or arises out of the negligent or wrongful act(s) of Hit After Hit. (b) That City shall not be responsible for any property damage or personal injury sustained by Hit After Hit from any cause whatsoever, prior, during, or subsequent to the period of time during which this Agreement is in effect. 7. Insurance. Hit After Hit agrees to provide General Liability Insurance in the amounts required by the City's Risk Manager and agrees to list the City as "Additional Insured" on the Certificate of Insurance. 8. Non-Exclusive. The provision of services provided for herein is nonW exclusive. Hit After Hit shall be free to contract for similar services to be performed for other entities or persons while under contract with the City. The City may retain additional entities or persons to perform the same or similar work, if in its sole discretion the City desires to do so. 9. Non-Discrimination. Hit After Hit shall not discriminate on the basis of age, religion, race, sex, marital status or handicap in performance of this Agreement. 5 10. Entire__Agreement. This Agreement constitutes the entire agreement between City and Hit After Hit and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with all the same formalities as this agreement. 11. Governing Laws; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 12. Notices. Any native or communication under this Agreement shall be in writing and may be given by registered or certified mail. if given by registered ar certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: City: David Harden, City Manager City of Delray Beach 100 N.W. 1$t Avenue Defray Beach, Florida 33444 Hit After Hit: Harvey D. Lee, Jr., President 3211 Sherwood Blvd. Delray Beach, FL 33445 13. Assignment. This Agreement shall not be assigned ar transferred without the consent of both the City and Hit After Hit. 6 14. Termination or Cancellation of Agreement. The City may terminate without cause with thirty {30) days notice. Further, this Agreement may be terminated by the City with cause if one of the following occurs: {a) The City may terminate this Agreement in accordance with Paragraph 2(A) if Hit After Hit fails to promote a positive image {i.e. Hit After Hit owner is convicted of a crime of moral turpitude) far the City or if it is determined that the Agreement is no longer in the public's interest or if this Agreement conflicts with other agreements that the City has for pending rights or similar contracts. 15. This Agreement is not effective until signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officials on the day and year first above written. ATTEST: By: City Clerk Approv as to Forma%~~~ ~~~~; CITY OF DELRAY BEACH, FLORIDA By: 7 Nelson S. McDuffie, Mayor WITNESSES: Print Name: ~ ~°` ~ Prin Name: -- s~ h STATE OF FLORIDA COUNTY OF PALM B~ACx The foregoing instrument was acknowledged before me this zl day of May May ,2011 by Harvey D. Lee, sr. title of officer or agent) of (name of officer or agent, President (name of corporation acknowledging), a xit After Hit, ~tnc.(state or place of incorporation) corporation, on behalf of the corporation. He/She is ~ersonaliy known to me or has produced L-000-248--139-Ob5 Driver's License (type of identification) as identification and did (did not) take an oath. 4 Nota P blic -State of Florida ;FY ~P ~~ GAiLVANhIQ ~ =k;~~ ~ *- MY COMMISSIQN # l]D 73624 1;TO= EXf'IRES;Decernher3,2U11 ••~~F„o~~„°:*` 0ondadThruPVdsryPcd~liolMiengiers 8 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director P. Nigel Roberts, Neighborhood Services Administrator THROUGH: David T. Harden,City Manager DATE: June 1, 2011 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 NEIGHBORHOOD STABILIZATION PROGRAM EXTENSION OF AUTHORIZATION ITEM BEFORE COMMISSION City Commission approval of staff requesting the City Commission to extend the authorization of the City Manager and /or his designees to sign purchase agreements for the acquisition of properties under the NSP initiative until September 30, 2013. BACKGROUND In an effort to overcome the obstacles to purchasing NSP properties, City Commission on April 20, 2010 authorized the City Manager to sign purchase agreements to put the City in a more competitive position with private investors responding and securing the contracts for desired properties without substantial delays. Staff has encountered obstacles preventing the acquisition of several viable properties due to the numerous amounts of investors who can readily bid and purchase directly to the lender. Homes at an affordable cost are not remaining on the market and are steadily increasing in price as the days elapse. Extending the authorizing of the City Manager and/or his designees to sign purchase agreements will continue to put the City in a more competitive position with private investors responding and securing the contracts for desired properties without substantial delays. This approval will also continue to assist staff in meeting the imposed deadlines established by the Florida Department of Community Affairs for the substantial obligation and spending of all NSP funds. FUNDING SOURCE Neighborhood Stabilization Program RECOMMENDATION Staff is recommending City Commission approval to extend the authorization the City Manager and/or his designees to sign Purchase Agreements for NSP properties until September 30, 2013. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: May 31, 2011 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 COMMUNITY DEVELOPMENT BLOCK GRANT/HOUSING REHABILITATION GRANT AWARD ITEM BEFORE COMMISSION Approval is requested for two (2) Housing Rehabilitation grant(s) to be awarded to the lowest responsive bidder in the amount of $54,512.47. Funding for the projects is through the CDBG Housing Rehabilitation grant. BACKGROUND Approval is requested for two (2) Housing Rehabilitation grant(s) to be awarded to the lowest responsive bidder for the following projects: 108 NW 8th Avenue/Built Solid Construction, LLC./$26,418 =Total Rehab Cost: $26,437.10 215 NW 6th Avenue/Built Solid Construction, LLC./$27,252.75 =Total Rehab Cost: $28,075.37 Grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehab cost also includes lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees. Additional cost may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the CDBG Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. In one case, lowest responsive bidder withdrew bid proposal due to the financial costs of having three open projects at one time. Staff comments can be found on the bid information sheet to clarify selection process. FUNDING SOURCE Community Development Block Grant 118-1963-554-49.19 RECOMMENDATION Staff recommends awarding two (2) Housing Rehabilitation grant award(s) to be awarded to the lowest responsive bidder in the amount of $54,512.47. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID/QUOTE #: APPLICANT: PROJECT ADDRESS: DATE OF BID LETTERS: DATE OF BID OPENING: BID # 13-2011 NS Brenda Hankerson 108 NW 8th Avenue April 26, 2011 May 23, 2011 GENERAL CONTRACTORS Abisset Corporation All Phase Roofing All-Site Construction, Inc. ARZ Builders, Inc. Benchmark Custom Building of Palm Beach Built Solid Construction, LLC Citywide Construction Services, Inc. CJ Contracting, LLC Cordoba Construction Co. Jemstone Construction Group, Inc. JIJ Construction Corp. KM Construction Inc. MacDonald Construction Company of Palm Beach Ray Graeve & Sons Construction, Inc. South Florida Construction Services, Inc. Sunband Builders Construction Inc. In-House Estimate: RECOMMENDED CONTRACTOR: BID/CONTRACT AMOUNT 5% Contingency Lead Inspection Lead Clearance Termite Inspection Termite Treatment Recording Fees GRANT CONTRACT AMOUNT BID AMOUNT BID BOND $ 29,100.00 Yes $ 19,180.00 N o $ 30,750.00 Yes $ 25,160.00 ~ Yes $ 26,297.00 Yes $ 25,210.00 Yes $ 22,735.00 Yes $ 28,880.00 Yes $ 26,284.20 Built Solid Construction, LLC $ 25,160.00 $ 1,258.00 $ 26,418.00 N/A N/A N/A N/A 19.10 26,437.10 FUNDING SOURCE: Community Development Block Grant (CDBG) Account # 118-1963-554-49.19 COMMENTS: Lowest responsive bidder has 2 projects and can't take on any more projects at this time. Recommend awarding project to the next lowest responsive bidder. Q (n ~ .1- o Z ~ ~ N o -C Z _ N m Q ~ H 0 d ~ w w w o ~ N z ~ w _. ~ z _ ~''yino ~ SUOS Up^ a~a P~`J yJpa ?~'~ o~ U~ilo ~Pddo A~~,U n~ISUp~ ~°~Pw U p/~j ~U/ ~ Z~S~o ~w~ poi a~o~ ~ Io~j~~SUo ~~~~ ~~~ a ~O4,~n~s°~J a~o~s~ao~ r jU~ ?VE Up/Ip~j~~a~o~ P4opJO o~ oU~ Sa ~o~~onJ~SUas app o~ ~~~~ 6U/~jP ~~ ~ IUp~ ~~ ~~ A~ ~~ S~O~ S 1jinV yoPa 6Up~ 84i~~,d g ~o Ui '/~P~ pisn 9 yoUa ~ `s.,a °~/ p~~n9 o~~ UO4o2 a~~s//y Uo~ a ~!~opb Sp yd~/b ~p,~PJpa~ Iass4 0~ b as~o y ~i o ~ o o o o ~ ~ o o o o ~ ~ ~ o o o o ~ o ~ o 00 1~ 00 M ~ O M O 67 O CO 1~ V M V Lf) O V M V O M O V M V M Lf) 67 1~ O Lf) M V N N o0 CO 00 N 00 o0 M N 1~ N V ~ 00 N ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O o ~ o ~ ~ ~ o o ~ o o o o ~ ~ ~ o o o o ~ ~ ~ ~ 1~ 00 M N Lf) r r 00 O Lf) Lf) ~ r Lf) W V O O O M Lf) V 1~ N CO r M Lf) 1~ O O O O Lf) N N N N W 1~ ~ M 1~ N Lf) N V ~ N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N CO V Lf) N N Lf) O O CO O V O o0 O CO O CO N Lf) O 00 V ~ V 00 N V O o0 O M Lf) o0 N N M M O CO N M ~ N ~ ~ N Lf) N M ~ Lf) N ~s 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N 0 0 0 0 0 OO OO O O O O 61 O O O O O Lf) Lf) O 1~ O V N Lf) Lf) O N O N 1~ O O OO O OO M O W N N O M O ~ 61 00 O M O O Lf) N O o0 O V V N N 1~ O N 61 N N M N 1~ ~ O N ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ O O L7 O O L7 O O O O O L7 O O O O O L7 O O O O O O O O L7 O O O O O L7 O O O O O L7 O O L7 O O l7 O O O O O O O O L7 O O L7 O O L7 O O L7 O O L7 O O O N O 0.'J ~[J 6J M ~ O ~ I~ I~ O r0 LCJ M CO ~ O 6J 6J 7 O rU 0.J N 6J 6J rU M O N O r0 6J CO I~ M 6J N I~ r0 6J N CO M ~ N ~ N N N ~ L7 N O O O O O O O O O O O O O O O O O O O O O O o O O O O O O O O O O O O O O O O O O O O O O o 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 Lf) 00 Lf) Lf) 67 N M N o0 Lf) V O 1~ O N OO V O O V M O ~ V ~ CO 1~ 1~ ~ O M O O O N Lf) N O N O Lf) O 67 Lf) 1~ ~ ~ N N ~ Lf) M Lf) ~ ~ M O O O O O O O O O O O O O O O O O O O O O O o -o O O O O O O O O Lf) O O Lf) O O O O O Lf) O O O O O O O O Lf) O O O O O Lf) O O O O Lf) N O O Lf) O Lf) 1~ O O O O O O O O Lf) O O O O O W O Lf) N O Lf) N O O W C ~ m Lf) ~ V ~ W M N o0 CO V M O N o0 V Lf) Lf) 00 M V o0 V ~ 'p ~ ~ N ~ N N 61 [~ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ~ Z O O O O O O O O O O O O O O O O O O O O O O o O O O O O O O O O O O O O O O O O O O O O O o o ~ ~ o o o o o o o ~ ~ o o ~ o o o o o ~ o 0 1~ M W 00 O N 67 V O N ~ OO CO Lf) Lf) Lf) 00 N M N CO CO ~ O 1~ Lf) V O CO OO O O CO O V 61 N 1~ 67 O M O ~ N ~ Lf) N Lf) N 61 N O O O O O O O O O O O O O O O O O O O O O O o O O O O O O N O O O O O O O O O O O O O O O N Lf) O N O Lf) Lf) N O O O O Lf) Lf) O Lf) O O Lf) O Lf) O O V 1~ Lf) O M Lf) ~ 1~ 67 N 1~ O N Lf) W O CO O CO O V ~ 67 N ~ V O ~ M Lf) o0 Lf) 00 N CO Lf) ~ V M O CO M N OO N N CO N M ~ CO N ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ a ~ ~ ~ ~ y7+ ~ o Q ~ X ~ U o ii ~ ~ m -o ~ a Y ~ `m ~ -o ~ w ~ N o m °o ~ ~ o c `m ~ ~ _ o ` ~ ~ ° ° 3 ~ ~ ~ U ~ - ~ 0 3 z J ° _ ~ m CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID/QUOTE #: 13-2011NS APPLICANT: Laura Trice PROJECT ADDRESS: 215 NW 6th Avenue DATE OF BID LETTERS: April 26, 2011 DATE OF BID OPENING: May 23, 2011 GENERAL CONTRACTORS Abisset Corporation All Phase Roofing All-Site Construction, Inc. ARZ Builders, Inc. Benchmark Custom Building of Palm Beach Built Solid Construction, LLC Citywide Construction Services, Inc. CJ Contracting, LLC Cordoba Construction Co. Jemstone Construction Group, Inc. JIJ Construction Corp. KM Construction Inc. MacDonald Construction Company of Palm Beach Ray Graeve & Sons Construction, Inc. South Florida Construction Services, Inc. Sunband Builders Construction Inc. In-House Estimate RECOMMENDED CONTRACTOR: BID/CONTRACT AMOUNT 5% Contingency Lead Inspection Lead Clearance Termite Inspection BID AMOUNT BID BOND $ 37,180.00 Yes $ 31, 340.00 ~ Yes $ 25,955.00 ~ Yes $ 26,877.00 ~ Yes $ 26,565.00 Yes $ 28,655.00 Yes $ 28,284.23 Built Solid Construction. LLC $ 25,955.00 $ 1,297.75 $ 27,252.75 N/A N/A Termite Treatment 803.52 Recording Fees 19.10 GRANT CONTRACT AMOUNT 28,075.37 FUNDING SOURCE: Community Development Block Grant (CDBG) Account # 118-1963-554-49.19 COMMENTS: Recommend awarding project to the lowest bidder. ,OUp/ Vupi7 yy~~o ~ S~os X0`7 a~a P~`J yJpa ?~'~ o~ U~ilo ~Pddo A~~,U n~ISUp~ \OpPW U p/~j jU/ Z~S~o ~w~ UOIO~~s o ~~~~ ~~~ a ~O4,~n~s°~J a~o~s~ao~ r jU~ ?VE Up/Ip~j~~a~o~ P4opJO o~ oU~ Sa ~o~~onJ~SUas app o~ ~~~~ 6U/~j ~UO~ ~~ ~~ A~ ~~ S~O~ S 1jin~ yoPa 6Up~ 84i~~,d g ~o Ui ~/~~,4i p~sb~ \oUa9 S Ja b~~ \ p~~n9 o~~ UO4o2 a~~s//y Uo~ a ~!~opb Sp yd~/b U~ SS~4b as~o y ~i a fq t~.1 L N O Z - c0 N ~ i Z N N N ~ ~ :- M J N Q ~ H D d ~ w w w H D ~ ~ w _. ~ z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u-i ~ri o o o o o ~ri o o ~ri o o ~ri o ~ri o o ~ri o o o o u'i 1~ N W 1~ CO O Lf) W N M ~ o0 1~ 1~ N r V O ~ W N Lf) 67 V 67 r ~ W 00 N M CO M N V ~ N V ~ CO N 67 1~ 1~ ~ Lf) O Lf) M N ~ CO ~ ~ 00 N ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o o ~ ~ o ~ ~ o o ~ ~ o ~ o o o o ~ o ~ ~ ~ ~ O Lf) M O 67 N Lf) 1~ O 00 N V M ~ O N O ~ 1~ ~ ~ 67 O N M ~ O 00 W M O O Lf) N N N O CO N M 1~ CO M ~ O Lf) Lf) V ~ ~ V ~ ~ ~ c0 N ~s 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N 0 0 0 0 61 O O 61 O O O 61 O O O 61 61 O O O O 1~ O OO N M 1~ Lf) ~ N N O Lf) Lf) O O N O E OO CO N O OO O V 61 M O O O M O N 61 N 61 ~ O O Lf) CO O ~ O N 1~ OO CO M ~ ~ M ~ ~ ~ ~ ~ CO N ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ O O O O O L7 O O O O O l7 O O O O O O O O O O O L7 O O O O O L7 O O l7 O O O O O l7 O O L7 O O O O O l7 O O L7 O O O O O L7 O O O O O C? O O L7 O O L7 O O L7 co ~ a'J o 0.J ~ rU ~ ~ o 0.'J aJ 6J w N o 6J w ~ co N o `7 co 6J co `~ o ~ ~ M N 7 aJ ~ ~ ~ o ~ ~ N o~ rU N ~ ~ 6J 7 M ~ ~ M ~ ~ ~ 7 N O O O O O O O O O O O O O O O O O O O O O O O o O O O O O O O O O O O O O O O O O O O O O O O o o o ~ o o o o o o o o o o ~ o o o o o 0 0 0 0 0 Lf) 00 Lf) N 00 Lf) 1~ 61 V O M O S O 1~ Lf) O M ~ 61 V O ~ O N 1~ M Lf) o0 ~ N O O Lf) N O N O 1~ Lf) V Lf) CO O 67 V M M CO N ~ ~ Lf) N ~ M O O O O O O O O O O O O O O O O O O O O O O O o O O O O O O O O O O O O O O O O O O O O O O O o o ~ o o o o o ~ o o o o ~ o o ~ o o o o ~ ~ o 0 O Lf) M O 00 O CO CO N N ~ CO 67 N M 61 V O ~ Lf) M Lf) o0 1~ CO O M O o0 Lf) V O N O V O N O CO CO ~ 67 O M W V V N 67 Lf) 1~ M O O O O O M O O O O O O O O O O O O O O O O O M O O O O O 1~ O O Lf) O Lf) O Lf) 0 0 0 0 0 0 0 0 0 0 N N O 61 Lf) O V O Lf) N Lf) O O N OO Lf) Lf) O O Lf) O Lf) O O V Lf) 00 Lf) V Lf) N 1~ Lf) ~ V Lf) V W N V CO 1~ W O Lf) CO O CO M V M 1~ M Lf) V O ~ V M Lf) M CO Lf) O CO M N o0 N M M N 1~ ~ W N ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ ELJ a O ~ ~ 7 N ~ ~ 01 O y + C y + X U p) U ~ ~ '` c -° ° Y i . °o Y a 3 ~ ~ c a ~ ~_ ~ n o~ o O ~ ~ O C~ O ~ J J ` O ~ 7 0 J 0 ' O O N J t~ - ~ Cn N O = J N MEMORANDUM TO: Mayor and City Commissioners FROM: Anthony Strianese, Chief of Police Cerina Anderson, Program Manager THROUGH: David T. Harden, City Manager DATE: May 12, 2011 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 FIFTH AMENDMENT TO THE INTERLOCAL AGREEMENT/PALM BEACH COUNTY ITEM BEFORE COMMISSION The item before Commission is consideration of the Fifth Amendment to the Interlocal Agreement between Palm Beach County and the City of Delray Beach for the sum of $50,000. The funding will be used toward support and continuation of Weed & Seed efforts. BACKGROUND The additional funding comes via a BYRNE /Justice Assistance Grant alloacation through FDLE and the PBC Criminal Justice Commission. The PBC Criminal Justice Commission has previously provided funding to the City of Delray Beach Coalition for Community Renewal (CCR) Weed & Seed initiatives. To date, PBC Criminal Jutice Commission has contributed an excess of $450,000 toward our community efforts within the Weed & Seed target area. Acceptance of this funding will sustain programs and services from April 1, 2011 through September 30, 2011. FUNDING SOURCE Funding for the Fifth Amendment to the Interlocal Agreement is provided to the City of Delray Beach through the PBC Criminal Justice Commission. RECOMMENDATION Coalition for Community Renewal /Weed & Seed staff recommends approval of the Amendment as written. FIFTH AMENDMENT TO INTERLOCAI_ AGREEMENT THIS FIFTH AMENDMENT, dated this 1~t day of April, 2011, to the Agreement {R2005- 2433) of December 20, 2D05, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as COUNTY, and the City of Defray Beach, a municipality located in Palm Beach County, Florida, hereinafter referred to as CITY. WITNESSETH: WHEREAS, the parties have entered into the Agreement of December 20, 2005 under which the CITY agrees to provide "seeding" efforts, as more specifically set forth in the Scope of Worl< as detailed in "Exhibit A" of said agreement and in accordance with the resident-driven strategic plan. WHEREAS, the COUNTY has agreed to provide support to the Delray Beach Weed and Seed "seeding" efforts which shall be located under the direction and in the office of the City Manager; and WHEREAS, the parties mutually desire to extend the Agreement far an additional time period, until September 3D, 2011 and increase the dollar amount of the agreement by an additional $SD,DDO; and WHEREAS, the COUNTY agrees to reimburse the CITY from the Florida Department of Law Enforcement, Edward Byrne Memorial Justice Assistance Grant. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the COUNTY and CITY agree as follows: 1. The term of the Agreement is amended to provide that the Agreement shall continue until September 30, 2011. 2. The CITY agrees to provide additions[ support to the Delray Beach Weed and Seed "seeding" efforts as more specifically set forth in the Scope of Worlc as detailed in "Exhibit A" and attached hereto; and 3. Subject to the receipt of the applicable funding, the total amount to be paid by the COUNTY far the additional services for the period April 1, 2011 through September 30, 2011 under this Fifth Amendment shall not exceed Fifty Thousand Dollars ($5D,D00} from the COUNTY'S Florida Department of Law Enforcement, Edward Byrne Memorial Justice Assistance Grant in accordance with the budget detailed in "Exhibit A" and attached hereto. 4. Based on the funding, the COUNTY'S entire financial obligation shat[ be $SD,ODD for the period April 1, 2011 -- September 30, 2011. 5. The CITY agrees to provide, in writing, to the COUNTY written monthly progresslactivities reports of the CITY'S Weed and Seed "seeding" efforts. 6. The CITY and the COUNTY shall designate one person from each organization to meet an a monthly basis to evaluate the progress of the Weed and Seed initiative. If for any reason, the COUNTY is not satisfied with the progress of the Weed and Seed initiative, the CITY agrees to resolve the progresslperformance issue(s) within thirty (30) days of the date of such written notice by the COUNTY to the CITY. 7. The CITY shah bill the COUNTY on a monthly basis at the end of each month for eligible expenses. All requests for payment of expenses eligible for reimbursement under the terms of this Agreement shall include copies of payroll registers, paid receipts, copies of checks, invoices andlor other documentation acceptable to the Palm Beach County Clerk & Comptroller Finance Division. Invoices to the COUNTY shall include a reference to this Agreement, identify the project and identify the amount due and payable to the CITY. Invoices received from the CITY will be reviewed and approved by the COUNTY's CJC Executive Director, indicating that expenditure has been made in conformity with this Agreement and then will be sent to the Palm Beach County Clerk & Comptroller Finance ]Division. 8. Notwithstanding the foregoing, the parties agree to act in good faith in resolving any disputes as it relates #o the CITY`s Weed and Seed "seeding" efforts. 9. Pursuant to Ordinance No.2DD9-049, Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present and proposed County contracts, transactions, accounts and records. All contractors and parties doing business with the County and receiving County funds 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 contractor, its officers, agents, employees, and lobbyist in order to ensure compliance with contract specifications and to detect waste, corrup#ion and fraud. All other provisions of said Agreement are hereby confirmed, and except as provided herein are not otherwise altered or amended. A11 the terms and conditions of the Agreement of December 20, 2005 as amended are hereby confirmed and remain in fu11 force and effect. In accordance with Palm Beach County Code, Chapter 2, Article III, Section 2.51., this Fifth Amendment shall not take effect until executed by the CITY and COUNTY. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 2 I~1 iTN~~~ 1lVE~~~~AF, the hoard ~~~ C~a~nty C~rv~rns~ianers of Palrrr beach County, Florida has made and executed this 5'~° ,~rnen~Vment on behaCt o~ the Ct~U"QTY and CITY his hereunto set its hand the day and year ah~ve wvritten. tATI~~Epp~Th:1 ~~yf ,fig ~~~,I/'~ 1~.1MI`~I~i 7\. hlClT Clerk ~t7i~~rMl~trCAiler ',~: ®~eia~aty Clerk. R,P~LIIiI ~E~C~ C~lJl~l`lf ~~ ~F C~I~N~Y C~EVIf~IS~i~~~~: ~I' i~a~en T'. arca~sa Ciaair CtiTY: C~elra~ e, F~ V1/itneses: ~-~ ~~-~ ~~F~i~~~~v~Y ~y: County Attarney~ ~~i~~~v~~ ~r® T~~~~ ~-r~®Cmi~®ia-uc~~s ~y. Crimir~ai J~sti~ce Comrrdissior~ Exec~twe ~ire~ctor 3 CITY OF DEI,RAY BEACH SCOPE OF SERVICE April 1, 2011-September 30, 2011 For the City of Delray Beach the budget narrative is as follows $50,000: Delray Beach Vocational Charter School $15,OD0. This is a charter school teaching dropouts and previous juvenile criminals automotive and other skills to become gainfully employed and remain crime free. The funds will pay for individual and group counseling sessions for social and emotional problems associated with life transitions, abuse, and psychological damage. Contractual services: Unit=1 hour Unit Cost-$31.25 913D units x $31.25=$15,000 Delray Beach Pofice Department Vice --Intelligence and Narcotics Unit $10,000 Members of the VIN unit wok in an undercover capacity investigating narcotics, prostitution, human smuggling, gambling, drug trafficking, narcotic grow houses and assist DEA on cases. The equipment within the VIN unit can be utilized by the entire Pofice Department for investigative purposes and officer safety. Equipment: Drop Carl Box System - $3,150 Pole Camera System - $3,100 Accessories (required) _ $3,000 • Battery kit • Micro DVR • Directional Mini Cameras • Battery Charger Extended Battery Kit - $539.90 (2 @ 269.50 each) Nikon Binoculars - $210 Police Explorers - $5,327 is a program affiliated with the Boy Scouts of America and local police departments where young people between the ages of 14 and 21 are able to interact with Police Officers, learning about their responsibilities and building a better understanding of the Iaw enforcement community. Through involvement, the Explorer program establishes an awareness of the complexities of police service and provides an insight to those who may be interested in pursuing a career in law enforcement. The Post is headed by a police officer or a reliable cifizen with Iaw enforcement background. Expenses 1 Types of services: training on difference Iaw enforcement activities i.e. f.eadership, Traffic stops, firearms and crime scene investigations. An annual graduation is hosted by Martin County for all Explorer graduates. Number of units =15 Cost per unit ~ $355.13 Total cast = $355.13 x 15 = $5,327 Drug Education for Youth (DEFY) $3,000,00 to provide drug education for community youth. DEFY is a joint project of the Department of Justice and Department of Navy's Demand Reduction Task Force staff:; DEFY deters at risk behavior for drug abuse, gangs, risky behavior by teaching goal setting, conflict resolution and decision making. DEFY Targets this age group as we are trying to make an impact before the middle school years. This is a weeklong camp which commences at S:OOam, ending at 5:OOpm. f_aw enforcement officers will provide mentaring and educational enrichment. The officers are volunteers. Educational and informative trips will be offered daily. There is no cast for five law enforcement chaperones included; these officers volunteer their time tv mentor youth. Expenses I Types of services: Mentoring, conflict resolution, decision making educational enrichment classes One unit =one hour, $.6.61 for one hour for 5 participants x seven days $6.61 x 8 hours approximately 5 participants x seven days $'1,850.80 Food - $600 T-shirts- $225 Educational materials - $100 Youth Anti-Gang Conference ~ $7,750 Community Events Anti Gang Crime Prevention Event- is held at a local high school funds will purchase educational preparation materials, handouts, awards, certificates, notebooks, pens, backpacks for all participants. Conference is hosted by Delray Beach Police Department from gam - 5:00 pm for chikdren ages 5 -18. Violence Prevention, conflict resolution, goal setting and decision making is offered in this one day program. The DARE program of evidence based prevention will be offered. This is an educational preparation to start the new school year. Special condition 596394 applies fo all brochures, posters and/or programs; inclusive of award number and awardrrrg agency. Types of Services: Mentoring, Conflict Resolution, decision making and anti-gang presentations. Program Expenses; • Printing costs $200.00 (signage and program theme material) • Educational materials $1,700.00 • Books, notebooks, pens 1 pencils $200.00 • Program Certificates $150.00 • Drawstring bags I Backpacks $3,500.00 • Lunch for 1200 youth $2,000.00 The Youth Sports Camp is hosted annually in partnership with XPE Sports of Boca Raton. The camp is hosted at a local school. The program focuses on academic enrichment, physical fitness and nutritional awareness. Participants prepare for FCAT through reading, math and science tutorials. A!f participants are identified by Guidance personnel of Incal schools. Participants must complete the two-day educational preparation classes to be eligible to participate in the sporting events, Contractual Services include FCAT prop and tutorials far student participants - $2,000 Instructors salaries 3 instructors x $20 per hour x 18 hours = $1,080 Classroom supplies {paper, pencils, applicable workbooks and texts) = 920.00 Carver Kids of Character Safe Haven Program $2,000 The Carver Kids of Character program is designed to promote a drug free and violence free lifestyle for youthful residents in the city of Delray Beach. The program which once catered only to youth residing in Auburn Trace and Carver Esfates {section-8 housing) is the brainchild of two Delray Beach eommunity- policing officers who offer ac#ivities designed to build relationships with positive role models. Currently, the program offers free, weekly Karate lessons provided by a police officer and Gang Awareness and Narcotics Intervention Education. Over 100 youth have registered for this program and a core group of approximately 60 participate on a regular basis. Pre and Post test or surveys are administered to determine participant's awareness andlor needs. The Police Department pays all salary and benefits for the officers associated with the Carver Kids of Character project. Funding is requested for gang awareness and narcotics intervention educational materials, safety equipment, uniforms, mileage for travel #o competition and tournaments and snacks and meals. Martial Arts classes are hosted once per week. Gang Awareness, Narcotics Intervention Education sessions are hosted quarterly for one day from Sam to 5pm. Physical activity and strength training for participants Expenses: • Facilitators certifications $400.00 • Program equipment, uniforms and supplies $1,000.00 • Tournament fees $600.00 TraininglTravel $6,923 Send Delray Beach Police Offcers and Program Staff to the regional) statewide meetings Technical Training. Staff will request prior approval from FDt_E. Preventing Crime in the Black Community Conf. Reg: $225 x 4=$900 Hotel $10Dlnight x 4 nights x 4 people =$1,600 Per Diem:$381day x 5 days x 4 people = $760 Incidentals $30 x 4 nights x 4 people= $480 (falls, #axi's and baggage} Total: $3,740 Send Defray Beach Police Officers and Program Staff to the regional) statewide meetings far Technical Training. Prior written approval required from FDLE. Registration: $200 x 3 people =$600 Airfare: $300 x 3 people =$900 Hotel $1191night x 3 nights x 3 people =$1,071 Per Diem: $381day x 3 days x 3 people= $342.00 Incidentals $30 x 3 days x 3 people = $270 (tolls, taxis and baggage) Total: $3,183 City Of Defray Beach Coalition for Community fienewal Proposed Contractual Services Amount Delray Youth Vocational Charter School $15,000.00 Individual and group counseling sessions _ Delray Beach Police VIN /Vice and Narcotics Unit ~ZU,uuu.uu Drop Car/ Box System $3,150 Pole Camera System $3,100 Acessories $3,000 (required battery kit, micro dvr, diretional mini cameras, battery charger binoculars, extended battery kit) Police Explorers $5,327.00 Caw Enforcement activities and Leadership ac tivities Drug Education far Youth (DEFY} $3,000.00 Character and Leadership building activities Community Cvents & Mentoring Networks Youth Crime Prevention Summit $7,750.00 Cirruculums (texts and workbooks) , bags Refreshments for youth participants Prep and 5parts Community Education $2,000.00 .2,000/20 youth =100 per unit _ Staff and Community Training $3,740.00 Preven#ing Crime in the Black Community Registration Airfare or Car rental fees Hotel Per Diem X38 per day incidentals $30 City Of Delray Beach Coalition for Community Renewal ~ ~CCDO National Conference and/or Initiative Related Training ~ ~ $3,183.00 ~ Airfare or Car rental Hote! Per Diem $38 per dp lncrdentals $3D x Budget total ~ ___ __ ___ ~- ~ ~ ~ ~ ~ $50,000 MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: June 1, 2011 SUBJECT: AGENDA ITEM 8..T. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 SCHOOL READINESS CHILD CARE SERVICE AGREEMENT/FAMILY CENTRAL, INC. ITEM BEFORE COMMISSION Request City Commission approval of a School Readiness Child Care Service Agreement between Family Central, Inc. and the City of Delray Beach to provide subsidized child care funding for the Afterschool Program located at Pompey Park and Community Center. BACKGROUND The term of the attached School Readiness Child Care Service Agreement between Family Central, Inc. and the City of Delray Beach is July 1, 2011 through December 31, 2011. This agreement is to continue with subsidized child care funding for the afterschool program. Children enrolled through the program will be subsidized at a reimbursable rate (less the applicable parent fee) to the City at $10.44/child/part-time day and $13.00/child/full-time day. RECOMMENDATION Parks and Recreation Department recommends City Commission approval. f~.rr~l centr~.l / C:hane rid lives for a Tife~ime" SCHOOL READINESS CHILD CARE SERVICE AGREEMENT BETWEEN FAMILY CENTRAL, INC. AND Deiray Beach Comm.unity'Center Term of this contract is Jufy 1, 2011-December 31, 2011 The parties to this Service Agreement are Family Central, Inc., ("Family Central"), and Del_ray_Beach Community Center, (the "Provider"). Family Central performs administrative duties in the enrollment of children into child care programs and with respect to financially-assisted school readiness funding available through the Early Learning Coalition of Palm Beach County inc. (the "Coalition") and subsidized child care funding .available from other sources that may include the Florida Department of Children and Families Office of Refugee Services and the Workforce Alliance. The purpose of this Service Agreement is to establish the method by which Provider will receive payment available through the school readiness program and other programs for children eligible for financially-assisted school readiness services or subsidized child care that are in the Provider's care. The Parties acknowledge that the Provider is not a subcontractor of Family Central, Family Central has no control over the day-to-day operations of the Provider, and that the existence of this Service Agreement does not require or guarantee enrollment of children in the Provider's child care program. The Parties agree as follows: i. Provider Responsibilities. The Provider shall: A. Retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) perkinent to this Service Agreement for six (6} years after expiration ar termination of this Service Agreement, or if an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings. The Provider shall further comply with a!I record retention requirements of Sections 119.021 and 411.011, Florida Statutes, and all other requirements of law, and shall retain records for the period of time required by this Service Agreement or required by law, whichever is longer. The Provider will cooperate with Family Central or the Coalition to facilitate the duplication and transfer or any said records ar documents upon request of Family Central or the Coalition. B. Ensure that all records per#inent to this Service Agreement, including but not [invited to sign-in/sign-out and attendance records, are available at all reasonable times far inspection, review, copying or audit by Federal auditors, representatives of the Comptroller of the State of Florida or the. Auditor General of Florida, or other personnel duly authorized by Family Central, the Coalition, Department of Education, Office of Early Learning or the Agency for Workforce Innovation. C. Permit persons duly authorized by Family Central andlor the Coalition to access, inspect andlor copy any papers, documents, facilities, goods or services of the Provider which are relevant to this Service Agreement and to interview any clients or employees of the Provider to ensure the satisfactory performance of the terms and conditions of this Service -9 - Family Central, Inc. • 311 ~ S. Dixie Highway, Suite 222 • West Palm Beach, FL 33405 Agreement. Failure to allow access to duly authorized persons may result in non-payment for that day and provider termination from the School Readiness Program. D. Nat discriminate against participants in the school readiness program or employees because of age, race, creed, color, disability, national origin, handicap, marital status or gender. E. Comply with the Pro-Children Act of 1994, 20 U.S.C. 6083. Failure to comply with the provisions of this law may result in imposition of a civil monetary penalty of up to $1,000 fpr each violation andlor the imposition of an administrative compliance order on the responsible entity. F. Not hold itself out, nor should its employees hold themselves out, as employees, agents, servants, joint venturers, partners or representatives of Family Central or the Coalition. G. Coordinate a Level l developmental screening using the Coalition approved screeninglassessment tools for 100% of those children, birth to the .beginning of the school year that a child is eligible for admission to kindergarken, for whom the Provider receives financially-assisted school readiness funding and for whom a parent andlor guardian has consented in writing to the developmental screeninglassessment. The Provider shall ensure that each parentlguardian completes a consent form for developmental screening or signs a denial far screeninglassessment. Provider is responsible for submitting information to Home Safe, lnc. ("Home Safe") or the Coalition as required in connection with developmental screeninglassessment. Provider must participate in trainings as required relating to developmental screenings and assessments. Records relating to any screening or assessment coordinated or administered by the Provider, including but not limited to Level I or Level ll developmental screenings, shall be maintained for the longer of three years after the date the child is last enrolled with the Provider or the retention period in Section I.A. above. H. Permi# persons duly authorized by the Coalition to provide Level II developmental screening) assessment for those children for which the Provider receives financially- assisted school readiness funding, Comply with the requirements of Section 411.0106, Florida Statutes, including but not limited to, providing the following for all children for whom the Provider receives school readiness funding: i. Classical music daily; and for all children from birth to three years of age. ii. Reading to all children birth to three years of age at least 30 minutes each day. J. Keep confidential all information concerning all children and their families required to be kept confidential by law and provide adequate security in its record keeping. K. Return to Family Central all sums expended for costs associated with this Service Agreement which were paid contrary to the terms of this Service Agreement. in the event the Provider or its independent auditor discovers that an overpayment has been made, but Family Central is unaware of the overpayment, the Provider shall repay said overpayment within thirty (30) calendar days after determining the existence of the overpayment. In the event that Family Central first discovers that an overpayment has been made, Family Central shall notify the Provider in writing. The Provider shall repay the overpayment within thirty (30) calendar days after the receipt of written notice from Family Central. Should repayment not be made in a timely manner, Family Central shall _2_ l=amity Central, lnc. • 3111 S. Dixie hiighway, Suite 222 . West Palrtz Beach, l=L 33405 be entitled to charge interest at a lawful rate of interest on the outstanding balance beginning thirty {30} days after the date of notification or discovery. Any such interest shall be remitted by Family Central to the Coalition. Notwithstanding any provision in this Service Agreement to the contrary, Family Central reserves the right to deduct from the Provider's reimbursement payment any overpayment discovered through a monitoring, audit or through any other means. If Family Central makes such a deduction from a reimbursement payment, it shall provide the Provider with notice in writing of the reason for the deduction and the amount of the deduction at the time the reimbursement payment is made. L. Submit the final invoice for payment to Family Central na more than twenty {20} calendar days after termination or expiration of the Service Agreement; if the Provider fails to do so, all right to payment is forfeited, and Family Central will not honor any requests for payment submitted after the aforesaid time period. Any payment due under the terms of this Service Agreement may be withheld until all evaluation and financial reports due from the Provider and necessary adjustments thereto, have been approved by Family Central. M. Comply with all federal, state and local laws and regulations, as well as policies and requirements of the Coalition and Family Central, including but not limited to: rules. and regulations. of local fire and health authorities; the Palm Beach County Child Care Ordinance; applicable Workers' Compensation laws; the background screening requirements contained in Chapters 402 and 435, Florida Statutes, as amended by Chapter 2010-114, Laws of Florida; and Chapters 60BB-4, 65C-20 and 65C-22, Florida Administrative Code. The Provider represents and warrants that it has complied with all applicable background screening requirements under Florida law including those required by Chapters 402 and 435, Florida Statutes, as amended by Chapter 2010-114, Laws of Florida. Failure to comply with federal, state or local laws or regulations may result in termination andlor non-payment of child care services. N. Accept a school readiness child only after receiving authorization from Family Central. Initial authorization may be by phone. O. Maintain current documentation on each child, including authorization, enrollment, attendance, immunization, and termination records. Providers not subject to child care licensing inspections such as informal providers and other licensed exempt providers must collect and retain immunization records for review by the Coalition andlor Family Central staff for each child ages birth to 5 who have not yet entered kindergarten. P. Maintain a manual or electronic sign-inlsign-out system and ensure parentslguardians or other authorized persons utilize the system each day their child{ren} are in attendance. Sign-inlout sheets are only used by Family Central to verify attendance for enrollment and payment purposes. Family Central does not monitor for or verify the child's arrival to and departure from the Provider's facility for the purposes of determining safe arrival and return home or to the custody of a parent ar guardian. i. In order for Family Central to verify attendance for payment purposes, parentslguardians or authorized persons using a manual sign-inlsign-out sheet must sign their child(ren) in at time of arrival at the site and out upon leaving the site every day by signing their full signature and time inlout (including AM and PM for those providers offering extended care), ParentslGuardians or authorized persons using an electronic sign-inlsign-out system must sign their fuA signature and date on a printed version of the electronic record within ten {10} calendar days after the end of each month. Na individual may sign in or sign out a child other. than a child's parent or guardian, or an individual for whom the Provider has ~3- Family Central, Inc. • 3111 S. Qixie Highway, Suite 222 • West Palm Beach, FL 33A05 obtained and maintains written authorization from the parent or guardian that such individual may sign the child in or out. ii. In no event may any officer, employee or volunteer ofi the Provider sign a child in or out except where it is logistically impossible for the parentlguardian to physically sign the child in or out (such as where the child rides the bus) and where the parentlguardian has expressly consented in writing to an officer, employee, or volunteer of the Provider. signing the child in or out. In such cases, the parentlguardian must sign a statement at least weekly verifying their child's attendance for the preceding week for payment purposes. In addition, the Provider must comply with all licensing requirements relating to sign-in/sign-out sheets far licensing purposes which may differ from the requirements in this Service Agreement for sign-inlsign-out sheets to verify attendance for payment. iii. Sign-inlsign-out sheets must remain an-site at the Provider's location for the current and previous three .months and shall be immediately available for inspection andlor pick-up by individuals authorized by Family Central. In the event that the Provider is unable to produce sign-inlsign-out sheets on-site in accordance with this paragraph, reimbursement shall not be made for any days for which a completed sign-inlsign-out sheet is not immediately available on-site at the Provider's location. Sign-inlsign-out sheets must be kept fior a minimum of six years or the retention period in Section l.A. above, whichever is longer, and must be available for inspection by Family Central, the Coalition andlor other subsidized child care funding sources. In the event of a discrepancy between asign-inlsign- out sheet and an EnrollmentlAttendance Certification, the sign-inlsign-out sheet shall control. Exceptions must be preapproved in writing by Family Central. Q. Be liable for prosecution under State law for fraudulently misrepresenting a child's attendance andlor sign-inlsign-out roster. This includes, but is not limited to, deliberately claiming children for reimbursement who are not attending, falsifying Enrollment Attendance Certification sheets, and falsifying sign-inlsign-out sheets. R. Maintain hours of operation in accordance with and not exceeding the scope of the Provider's child care license. S. Notify Family Centro! in writing a minimum of '14 calendar days in advance of any changes to its location. T. Be liable for and indemnify, defend and hold harmless Family Central and the Coalition and all of their respective officers, agents, and employees from all claims, suits, judgments ar damages, including attorneys' fees and costs arising out of any act, actions, neglect or omissions by the Provider, its agents or employees during the performance or operation of this Service Agreement or any subsequent modification of this Service Agreement, whether direct or indirect, and whether to any person or tangible or intangible property. The Provider's inability to evaluate its liability shall not excuse the Provider's duty to defend and indemnify within seven (7') calendar days after notice by Family Central or the Coalition by certified mail. After the highest appeal is exhausted, only an adjudication or judgment specifically finding the Provider not liable shall excuse performance of this provision. The Provider shall pay all Costs and fees including attorneys' fees relating to these obligations and their enforcement by Family Central or the Coalition. Family Central's or the Coalition's failure to notify the Provider of a claim shall not relieve the Provider afi these duties. The Provider shall not be liable for the sole negligent acts of Family Central or the Coalition. This provision shall not be construed as -4- Family Central, Inc. • 3111 S. Dixie Highway, Suite 222 • West Palm Beach, FL 3345 ossess and is limited b rovisions a waiver of an ri ht or defense which Provider ma of Sec. 768.28 Florida Statutes. U. Maintain any liability andlor accident insurance as required by law, including but not limited ta, any insurance required by child care licensing regulations. Any insurance coverage beyond that required by law is optional, but encouraged. If the Provider is a child care facility or family child care home and maintains liability andlor accident insurance covering its business: (a} Family Central and the Coalition shall be named as additional insureds, (b} the Provider shall furnish Family Central with written verification supporting the existence of such insurance coverage, and (c} the Provider shall notify Family Central in writing at least thirty (30) days in advance of any anticipated material change in coverage or cancellation. Family Central and the Coalition need not be named as additional insureds on any Workers Compensation policies. The Provider must comply with the insurance requirements of this paragraph before reimbursement payments will be made. This provision does not apply to the extent the Provider is self-insured, including but not limited to, a state agency or subdivision that is self-insured pursuant to Section 765.28(16}, Florida Statutes. V. Submit to monitoring by Family Central to ensure compliance with this Service Agreement. Monitorings may occur randomly throughout the year and are unannounced. If deficiencies are noted, they shall be corrected by the Provider in accordance with a written corrective action plan that includes time lines for correcting deficiencies. Recurring lack of availability for monitoring shall constitute a violation of this Service Agreement, and is grounds for termination of the Service Agreement. W. Immediately report any known or suspected child abuse or neglect to the Florida Department of Children and Families through the Child Abuse Registry (1-800-96- ABUSE}, X. Report any unexcused absence or seventh consecutive excused absence of an At Risk child of any age to the Florida Department of Children and Families' (DCF} hotline at (561) 837-5005 or #oll free 1 {866) 325-5323 by noon on the day of the child's first unexcused absence, or the day of the child's seventh consecutive excused absence. In addition any provider serving At Risk children whose site has a temporary closure shall report that closure to the above hotline. If you cannot reach someone at the hotline, please call the ©CF External Affairs OfFice at (561 } 837-5080. An At Risk child is defined as a child with a BG1 billing category as reported on the Child Care Certificate. Y. Report any temporary closures of the Provider"s facility to Family Central in advance if the temporary closure is planned, or by the close of business on the day of the closure if the temporary closure is not planned in advance. If the closure is extended the Provider must notify Family Central within 2 days of reopening the facility as to the status and availability. Z. Attempt to settle any dispute relating to this Service Agreement or the services provided hereunder through the Family Central Grievance process as described in Attachment A Grievance and Appeals Process which is expressly made a part of this Service Agreement and is incorporated by reference herein. In the event the provider fails to first go through the Family Central Grievance process, the Provider shall pay all Family Central costs and fees including attorneys' fees relating to any action the provider may take. In accordance with Attachment A any grievance must be filed within 30 calendar days after the individual submitted the grievance knew or should have known of the basis for the grievance or the grievance process is waived. -5- Family Central, Inc. + 31 ~ 1 S. Dixie Highway, Suite 222 . West Palm Beach, FL 33445 AA. Notify Family Central in advance, if a change is known to be occurring, and in no event later than 14 calendar days of a change in Director. Using Attachment B -Change of Director farm. Failure to notify Family Centra! within the time frame of this change may result in corrective action. BB. Utilize a Developmentally Appropriate (DAP} Curriculum: (Section. 411.01 {5){c}2.a-b, Florida Statutes) approved by the Coalition with a character development component. If the Provider desires to use a curriculum not previously approved by the Coalition, the Provider must complete the curriculum review process and obtain Coalition approval prior to using such curriculum. CC. Participate in curriculum enhancement initiatives as determined by the Coalition or its designee. The Provider also agrees to complete training in alignment with their curriculum use as outlined in Attachment C. For a list of the Coalition Approved Curriculum and curriculum review procedures please see htt :Ilwww.famil central.ar . DD. Ensure the Director and curriculum specialist or the family child care home provider or informal care provider complete 12 hours of Palm Beach County Registry approved training in their Coalition-approved curriculm on or before June 30, 2012. Training from the approved curriculm publisher, distributor, or a child care center's corporate office may subsititute for this training. Those who have completed this training before July 1, 2011 must maintain proof of completion and are required to take five (5) hours of Palm Beach County Registry, Department of Children and Families (DCF}; or Department of Education (DOE} approved .training in curriculum support during the 2011-2012 fiscal year. If the Provider has developed its own Coalition-approved curriculum the Provider's Director and curriculum specialist, or the family child care home provider or informal care provider must complete a minimum of five (5) hours of Palm Beach County Registry; Department of Children and Families (DCF); or Department of Education (DOE) approved curriculum support training in the fiscal year 2011-2012. All lead teachers must complete a minimum of five (5} hours of Palm Beach County Registry; Department of Children and Families {DCF); or Department of Education (DOE) approved training in curriculum support for the age group with which they work between July 1; 2011 and June 30, 2012. A written plan to meet all curriculum training requirements as outlined in this paragraph DD must be maintained on the provider's site using the Training Template set forth in Attachment C which is expressly made a part. of this Service Agreement and incorporated by reference herein. Lead teachers are defined as the person primarily responsible for a group of children for the majority of the day. A minimum of one lead teacher per classroom is required. Curriculum specialist is defined as the staff person who oversees a center's educational program far at least 50% of the time. S ecial rovisions for Out of Caun Pro rams Out of county programs may be exempt from the above listed curriculum requirements if the following conditions are met: The facility holds a school readiness agreement with the local Coalition ar School Readiness Agency. The local Coalition has their own curriculum requirements for School Readiness providers. -6- Family Central, Inc. • 3119 S. Dixie Highway, Suite 222 • West Palm Beach, FL 33485 iii. The program serves fewer than 10 younger than school age children from Palm Beach County EE. Participate in curriculum implementation. Curriculum implementation baseline monitoring will be completed between July 1, 2011 and June 30, 2012. Providers will participate in the completion of the Environment Rating Scales assessment and monitoring of curriculum implementation through the use of developmental standards, lesson plans and ongoing assessment of children. Please see Attachment D FF. Participate in program assessment (F.S. 411.01(4}{d}8 and {5){f)). The Provider shall provide an appropriate environment for children and cooperatively participate in annual program assessments (currently the Environment Rating Scales HERS} tool}, technical assistance, and training as deemed appropriate for the program and determined by the Coalition nr its designee. In between July 1, 2011 and June 30, 2012 all licensed and license exempt providers are required to receive a baseline ERS assessment in accordance with Coalition guidelines. GG. Participate in the multi-year Child Outcomes Study, which will begin in the 2011-2012 Fiscal Year and allow the Coalition ar designated agency to conduct all assessments that are related to the study. HH. To the extent that the Provider qualifies for and receives any funding for slots under the Continue-to-Care Scholarship Program ("scholarship"), comply with all terms and conditions of the Continue-to-Care Scholarship and Procedure Manual of the Children's Services Council of Palm Beach County as may be amended from time to time (the "Manual"). A copy of the Manual may be obtained from Family Central and is incorporated herein and made a part hereof for all Providers that receive scholarship slots. To the extent that anything in the Manual is inconsistent with the terms of this Service Agreement, the Manual shall govern. Il. To the extent that the Provider receives reimbursement for subsidized child care funded by any source other than the Coalition, comply with all applicable requirements of the funding source as communicated by Family Central to the Provider. ll. Famil Central Res onsibilities. Family Central shall: A. Conduct monitoring of the Provider to ensure compliance with this Service Agreement. B. Process payment to the Provider for child care services provided by the Provider under the school readiness program ar other subsidized child care programs, subject to the availability of funds. The payment obligations under this Service Agreement are contingent upon an annual appropriation by the Florida Legislature, and funding by the Coalition and other funding sources, as applicable. C. Notify the provider of At-Risk children. D. Forward the names of any child care provider suspected of committing fraud to the Florida Agency for Workforce Innovation and to law enforcement for further investigation as appropriate in the discretion of Family Central. -7- ramiiy Central, loc. • 3111 5. Dixie Highway, Suite 222 • West Palm Beach, FL 334Q5 III. Termination. A. Termination With Notice. This Service Agreement may be terminated by Family Central andlor the Provider with or without cause upon no less than ~ 30 calendar days notice for reasons including, but not limited to: ~°„~} Funds to finance this Service Agreement become unavailable; or 2. The Provider andlor Family Central breaches this Service Agreement. B. Termination Without Notice. This Service Agreement may be terminated by Family Centrai immediately without prior notice if:. The Provider fraudulently reports false information to Family Centrai regarding the attendance of children at the child care program; 2. Any child care license required in order for the Provider to provide child care is revoked or not renewed by the licensing authority. 3. The Provider is not subject to licensure by a licensing authority and Family Central is directed by the Coalition to terminate this Service Agreement due to a concern for the health andlor safety of the children} in the Provider's care. C. Automatic Termination. This Service Agreement shall immediately terminate upon the expiration or termination ofi Family Central's contract with the Coalition. Family Central's obligations with respect to any slots funded by sources other than the Coalition shall terminate upon expiration or termination of funding from the funding source. D. Termination far Non-Compliance. if Family Central determines in its sole discretion that a Provider is out of compliance with ane or more terms or conditions of this Service Agreement, Family Central may terminate the Service Agreement pursuant to the termination provisions set forth above. Family Central may also notify the Provider that, as a result, the Provider is not eligible to enter into a future Service Agreement with Family Central or otherwise be reimbursed for school readiness services with funding provided by the Coalition 'for a period of at least ane (1) year following the date of termination. Alternatively, Family Central may offer the Provider the option to enter into a Compliance Plan. IV. Method of Payment. A. Negotiated Rates. Payment for subsidized child care services shall be based upon the School Readiness Negotiated Rate Sheets attached here to as Attachment E which are expressly made a part hereof and incorporated by reference herein. In na event will the Provider be reimbursed at a rate that exceeds the lower of the maximum reimbursement rate designated by the Coalition, or the Provider's maximum private pay rate. Increases in the negotiated reimbursement rate will be effective, as applicable, the first of the month following notification in writing by the provider to Family Central. B. Parent Fees. The authorized sliding scale parent fee shall be deducted from the negotiated rate before payment is made to the Provider. It shall be the responsibility of the Provider to collect the parent fee, except that Family Central will assist in collecting up to two weeks of parent fees if two weeks or less of parent fees are past due and need to be collected prior to a transfer of a child to a different child care provider. -8- Family central, Inc. • 3111 S. Dixie Highway, Suite 222 • West Palm Beach, Fl 33405 C. Child Care Executive Partnership. If the Provider participates in the Child Care Executive Partnership Program, the Provider's portion of matching funds may be deducted from the negotiated rate before payment is made to the Provider. D. Monthly Invoices. The Provider will be paid by Family- Central on the basis of monthly invoices that report the eligible enrollment on a daily basis. The invoices shall be submitted on the EnrollmentlAttendance Cerkification sheet and Request far Approval of Payment-Extended Absence forms provided by Family Central for this purpose. The Provider shall submit monthly invoices consisting of these forms to Family Central not later than the fourth 4tn calendar da of the month following the month in which services were provided. if the Ott, calendar day falls on a weekend ar holidaythe due date shall be the business da rior to the 4th calendar da of the month. Monthly attendance and reimbursement forms received after that day will be included in the following month's report thus delaying the Provider's reimbursement until the next reimbursement period. The Provider forfeits all rights to payment for any monthly attendance report submitted more than 45 days fallowing the end of the service period. Requests for reimbursement adjustments must be submitted in writing to Family Central within 45 days following receipt of payment for that service period or within twenty (20) days after the expiration ar termination of the Service Agreement whichever is sooner. Fraudulent conduct by the Provider in reporting .information to Family Central in connection with receiving payment hereunder will result in termination of this Service Agreement and wilt be reported to the appropriate law enforcement authority or authorities. Invoice Due Dates August 4, 2011 September 2, 2011 October 4, 2011 November 4, 2011 December 2 ,2011 Janua 4, 2012 E. Payments. Reimbursement payments will be mailed or released for direct deposit by Family Central not later than the sixteenth (16th) calendar day of the month, following the month for which a completed and accurate invoice (including all required attendance information) is submitted to Family Central, subject to availability of funds. This is not necessarily the date providers will have access to the payment, depending on bank regulations. Reimbursement shall be made far the eligible enrollment on a daily basis. Reimbursement Dates Au ust 16,2011 September 14, 2011- October 14, 2011 November 16, 2011 December 14, 2011 Janua 13, 2012 F. Gold Seal. Reimbursement at Gold Seal rates will be made only if proper documentation is submitted to Family Central Proper documentation includes a current Gold Seal certificate from the State of Florida and a current accreditation certificate from an accrediting body recognized by the State of Florida. In no event will a Gold Seal Provider be reimbursed at a rate that exceeds the lower of the maximum Gold Seal rate as designated by the Coalition or the Provider's maximum private pay rate. If the Provider ceases to qualify at any time for payment of Gald Seal rates, the Provider will be reimbursed at the non-Gold Seal rates which shall not exceed the maximum rates for non- Gold Seal providers as designated by the Coalition. During the month when a Gold Seal certificate expires and the renewal certificate has not been received by Family Central, care will be reimbursed at non-Gold Seal rates, with the Gold Seal differehtial being paid the following month provided that Family Central receives the certificate within 10 days of the issuance of the renewal certificate. Goid Seal rates for renewed certification will be effective from the date of renewal provided Family Central receives the certificate within 10 days of the issuance of the -Gold Seal renewal certificate. Otherwise, the Gold Seal -9- Family Central, Inc. • 3~ 11 S. 3]ixie Highway, Suite 222 • West Palm Beach, FL 334x5 rates for the renewed certifiication will be effective when the certificate is received by Family Central. Gold Seal rates for newly Gold Seal certified facilities will be effective the first of the month following receipt of the Gold Seal Certificate by Family Central. G. Funding Source. Reimbursement will not be made for children being, paid for through a funding source other than the source of funding under this Service Agreement. H. Termination of Service to Client. If a child ceases to be eligible for financially-assisted school readiness services or other subsidized child care, Family Central will notify the Provider of the child's termination date. The Provider shall not be entitled to reimbursement beyond the termination date as indicated on the child care certificate or the date on which the Provider is notifiied by telephone or in writing of a child's termination, whichever is earlier. VPK Wrap-around rates. The Payment rate far wrap-around readiness services is calculated in accordance with guidelines established by the Office of Early Learning, regardless of whether the private pre-kindergarten provider or public school delivering the VPK program for the child is the same or different than the school readiness provider delivering the wrap-around readiness services. V. Reimbursement Policies: A. Program Holidays The Provider will be paid for the following holidays. Designated Jul 4, 2011 Independence Da September 5, 2011 Labor Da November 24, 2011 Thanksgiving Day December 26, 2011 (Christmas) Floating mb~.. ~- ~~ _. 11 ~ o v e t]ecernber 23, }11 i+ {' ~~ y +~ ~d A Any changes to floating holidays must be submitted in writing at least 45 calendar days prior to the first day of the month in which the holiday change will occur. Children are not eligible for holiday reimbursement if they are not normally scheduled to attend that day. Part time rates will be paid for afterschool children for Memorial Day and Labor Day. Additional floating holidays selected by the provider as described above may also be paid at the part time rate for afterschool children if the day before or after the additional holiday is paid at a part time rate. A child must attend at least one day during the month for a provider to be paid for any holidays. The Provider will also close far the following days and time periods. The Provider will not be reimbursed for these days. -10- Famiiy Central, Inc. • 3111 S. Dixie Highway, Suite 222 • West Palm Beach, FL 33405 lf~ Providers must notify Family Central in the event they are closed any days not listed in this Service Agreement. B. Reimbursement for Absences Reimbursement may be made for a total of 3 absences during a calendar month far each child. Under extenuating circumstance and with proper documentation up to an additional 7 (seven) absences within a month may be paid at the discretion of Family Central. This documentation shall be collected by the provider and must be submitted to Family Central. A child must attend at least one day during the month for a provider to be paid for any absences. Reimbursement will not be made for each day entered on the attendance log as "N'" or not reimbursable. If the day before or the day after a holiday is marked '"N" (not reimbursable), the Provider will not be reimbursed for the holiday. If the day before or the day after a series of holidays andlor floating holidays is marked "N", the provider will not be reimbursed for an of the holida s andlor floatin holida s. if the Provider determines that a parent does not intend to return a child to the child care program, then the child must be terminated from the child care program, and future days are non-reimbursable. These non-reimbursable days must be coded as "T" on attendance sheets. If a chifd is absent far five (5) consecutive days and the parent does not contact the Provider, the Provider shall notify Family Central and Family Central shall. determine whether continued care is needed. C. Summary of EnroilmentlAttendance Codes E - Excused Absence X - Enrolled 1 Present {a day a child is present) A - Authorized Absence beyond 3 days {excused absence beyond three (3) days, which has been approved by Family Central} H - Reimbursable Holiday T - Terminated {day child is disenrolled} N - Enrolled, not reimbursable. D. No Reimbursement In Excess of Licensed Capacity No Reimbursement will be made for children in excess of the Provider's licensed capacity at any given time. Family Central reserves the right, at its sole discretion, to limit future enrollment when a Provider has been found to be over its licensed capacity at any given time Under no circumstances will Family Central enroll children with a Provider that -11 - FarnilyCentral, lnc. • 3111 S. Dixie Highway, Suite 222 • West Paim Beach, FL 33405 Family Central knows will cause the Provider to exceed its licensed capacity at any given time. VI. RenegotiationlModification. Modifications to this Service Agreement shall be valid only when they have been reduced to writing and duly signed. The porkies agree to renegotiate this Service Agreement if federal, state andlor county revisions of any applicable laws or regulations make changes in this Service Agreement necessary. VII. Name Mailin and Street Address of Pa ee. The name and mailing address of the official payee to whom Family Central shall make payment: ~q~ Program Contact: Program Name: Program Address Telephone Number: The name of the contact p are maintained: Program Contacfi: Program Name: Program Address: Telephone Number: Linda KarchlTo'n~ 5t~tiith Gity of Delray Beach 50'N.W. 1st Avenue 13elraY Beach, FL' 33444 5fi1-243-7249... ~erson and street address where Linda KarchlTc~nya Smith City of Delray-Beach 50,N,W. 1st Avenue Delray Beach, FL.-33444 5fi1 X43-7249. financial and administrative records The Provider will provide services under this Service Agreement at the following location: 3)} N.W. 1st Avenue.DeJray Beach, 1=L'33444 Vlll. Miscellaneous. A. Term. This Service Agreement is effective as of July 1, 2D11, and will automatically terminate on December 31 2Q11 hereinafter referred to as the "Agreement Period" unless terminated earlier as provided herein. B. Assignment. Neither Party may assign its interest under this Service Agreement except with the prior written consent of the other Party, which consent shall not be unreasonably withheld. Vl/ithout limiting or restricting the generality of the foregoing, it shall not be unreasonable for a parry to deny its consent where, in its opinion, acting reasonably, the proposed assignee, purchaser ar transferee lacks the capacity or resources necessary to ensure the proper conduct and completion of its obligations under this Service Agreement over the remaining portion of the Agreement Period. No assignment shall operate to release the assigning Party from its obligations hereunder unless such Parley is expressly released from its obligations by the other Party. C. Inurement. This Service Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. Nothing contained in this Service Agreement, express or implied, is intended to confer upon any other person or entity any benefits, rights or remedies. -12- Pamiiy Central, Inc. • 3111 5. Dixie Highway, Suite 222 • West Palm Beach, FL 33405 ©. Waiver. No waiver by any Party of one or more defaults by any other Party in the performance of any provisions of this Service Agreement shall operate or be construed as a waiver of any future default or defaults, whether of a like or a different character. iN WITNESS THEREOF, the parties have caused this 19 page Service Agreement to be executed by their undersigned officials as duly authorized. The undersigned represents and warrants that helshe has full and complete authority to execute the agreement on behalf of D~Iray Beach-Corrmmunity Center PROVIDER: _.__ City of Delray Beaclla Program's Corporate Name) Delray Beach Carnmunity Center dlbla BY SIGNING THIS AGREEMENT AND AGREEING TO ACCEPT 1=INANCIALLY~ASSISTED SCHOOL READINESS FUNDS AND SUBSIDIZED CHILD CARE FUNDING AVAILABLE FROM OTHER SOURCES, YOU ARE ACKNOWLEDGING THAT YOU UNDERSTAND THE TERMS OF THIS AGREEMENT AND AGREE TO ABIDE BY THESE TERMS STATED. E. Headings. The headings in this Service Agreement are inserted for convenience or reference only and shad not affect the meaning or construction hereof. F. Entire Agreement. This Service Agreement represents the entire understanding between the Parties relative to the matters addressed herein. There are no restrictions, promises, warranties or undertakings other than those set forth or referred to herein. G. Amendment. This Service Agreement may not be amended without the execution of a written document by all Parties hereto. H. Governing Law and Venue. This Service Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws. Venue for purposes of any action brought to enforce or construe this Service Agreement shall be in Palm Beach County, Florida. FAMILY CENTRAL, INC. SIGNATURE SECTION Signature: Name: Title; Date: (please prinfJ Signature: Name: Barbara A. Weinstein, Ed.D. Title: PresidentlChief Executive Officer Date: Federal I.D. or SS #: 59-6.0~03D8 ~fproved as to form an/d `e$a4 sutticiency~~ /, ~y: f ( -13- Family Central, inc. • 3i'i 1 S. Dixie Highway, Suite 222 + West Palm Beach, FL 33AD5 ~E~ ; ~°> >~ ~ Attachment A Clsa2xrinrlive liar a kifetima~ GRIEVANCE AND APPEALS PROCESS OVERVIEW Customer satisfaction is very important to the staff at Family Central, Inc. (FCI). If you are dissatisfied with the service you have received or with information that has been provided to you, please ask to speak to a Supervisor, Manager or Department Director. Our goal is to resolve the complaint and problem to the best of our ability. If you believe that your rights have been violated in any way or if a FCI employee has not adhered to a written policy, protocol, procedure, administrative rule ar statute, you have the right to file a grievance. You must file or report your grievance within 30 calendar days after you knew or should have known about the basis of your grievance, whichever is earlier. If you fail to file or report your grievance within this 30 days period, you waive your rights to have your grievance addressed. Should you fee{ the need to file a grievance, the process will proceed as follows: • You may contact the Director via phone or in writing, or you may ask any FCI staff person (e.g.: Counselor) to help you to initiate the process. You wilt be asked to complete and sign a Grievance and Appeals Report Form. • The Director or designee will contact you within four (4) business days to try to discuss the issue and attempt to seek resolution. • After working with the Director or designee, if you are not satisfied with the proposed resolution, the FCI Vice President or designee will contact you and discuss the grievance within five (5} business days. • After working with the Vice President or designee, if you are not satisfied with the proposed resolution, the grievance may be referred to the appropriate funding agency or the Chief Corporate Officer or designee who will contact you and discuss the grievance within five (5} business days of receiving the grievance. • After a discussion with the Chief Corporate Officer or designee, if you are still not satisfied with the proposed resolution, the PresidentlCEO will convene a Grievance Committee to review your case within fifteen {15) business days. • The decision of the Grievance Committee will be final. If you da not agree with the final FCI resolution, if applicable, you may request that the program funding source's grievance procedure be initiated at this point. If you have any questions about this process, please do not hesitate to contact the FCI Department Director or Vice President. In the event a grievance is filed, we Nook forward to working with you to come to a satisfactory conclusion. Contact Name: Contact Phone ~: Date: Customer Signature (rf required) Customer Printed Name -94- Family Central, Inc. • 3111 S. pixie Highway, Suite 222 • West Paim Beach, FL 33405 ~ Attachment B ~~~ ~= C:1i~n~tnnu~~.€or.alik~ur3"~ CHANGE OF DIRECTOR FORM The information listed below is an update to the ApplicationlRenewal Data Sheet submitted far the current contract year. NAME OF PROVIDER: ADDRESS: CITY, STATE & ZIP: TELEPHONE: ( ) - NEW DIRECTOR'S NAME: DATE NEW DIRECTOR HIRED: FORMER DIRECTOR: By signing below, the PROVIDER indicates that the new director is authorized to inquire about and sign documents relating to payment, attendance, Service Agreement appkication or renewal, Service Agreement contract and Service Agreement amendments}. OwnerlPrincipallBoard Member's Signature Printed Name Date Titke Return To: FAMILY CENTRAL, INC. 3111 SOUTH DIXIE HIGHWAY, SUITE 222 ATTN: PROVIDER SERVICES WEST PALM BEACH, FL 334U5-1548 P HO N E1FAx: 561-514-3338 EMAIL: TLIDDIE U~FAMILYCENTRAL.ORG FCI Use Only: Date Received: Processed by: Date: -'!5- Family Central, Inc. • 3111 S. Dixie Highway, Suite 222 . West Palm Beach, FI~ 33405 U cu U ~+ a 4 0~ 'r. rrF~F ~Y '~ .~ }~y V .~ 'ry Ca • iy A rT~ r rii 0 G ~n ~E U iw 0 •a~i~ ~? V .ny ~I U "~ ~l C k Q V LC 41 ...i a~ U W U an .~ .~ a, +~ 0 N .--I U ~.-~ .~.a 0 0 N rl w .~ U 6~ 3..i O a r..~ .~ V ^~M ~I ¢I s~ i.i l.r .~ ~rt ~" .~ •N '~ ~+ ~'i .,.., a~ GC .,~ d v ~ ~~ .~ ~~ ~ ~ e~ ~ ~ ~ m ~ ~ ~ ~ ~ ~ V ~ ~ ~" V GCS d a~ °y' oia `u„ ~ „ b ~ ~ ~ ~~ ~~ ~~ Mo 0 ~' ~ U ~ ~ v V d . ~ . ~ }y R O ~1-'~ O «~.~ .~ H bn .~ .~ s, h [~ w y U] 0 Z M [~ LL U Cfl S6 d 7~ 7 N N N i ~ ffl ~ ~ S N "x B c~ • u m U T .~ u~ V d s ~} a O O 41 '+. C.l tt~ C~ }~ V h '+ V a 0 N r-1 .~ V d dam` ~M ,'3 U ..r it FK U "~ i.a 'W id .,yr/~~grt~ V4 ~I .~ .~ ~', ..~, a~ tC ~w .H i.i ~ a U ~ ~~ ~~ CC ~ a ~ ~ "~ O ~ ~ y ~ ~ ~ a w, U O 0 W °w' c~ '.~ bfi ~ ~ ~~ ~~ ~~ ~~ U ~ "~ F+1 F~ O eC ~ ~U o~ U ~i GG .~ .~ L H "~ d F~ a ar FF an . ~ L H ~ ~ ~ O am ~" d y , ~ ~ ia ~ h ~ r ~ ~ ~ ~ ~ ~ '^" ...+ w 0 z "~d 'U .~ c~ p., U ;.~ 0 T Attachment D 4!'('~~~~~i~ ~'~5~i1~~ ~~~Y~~,ll~l=!I"11 ~t~l .I ~i"1~1 ;:~, I:~r~~~~~~ ~~,~ ~~,i I I -~1 tli~ T~~~, Yf;~ ~~ rC'I::~ ~` {'.;'~~~~~ai~l~~~f~"~~~ rI41~:~~~~:~ illrt~~~~~; ~tl~~i ~I'~ ~~far5 ~~C~~~ ~~&~~~' .. .. ..- u.~,.~.iB. ~~~ ~~nnir,~~ F ~+~„.III I~fl1i~ ~~t~~f~~c~F~~1 ,J y 3., r~~~s~4i~r;i ~!E+ i~r~~ll I~f (~'~i~~~,_~~~Ilrl~ ~~4~~,~,{ ~~1 ~1~~~~C~l~ ;ltl r~.'. If `' ~ .i tlx: ~''ll~, u11~~;r ~~'~~~, ~I~Itt~'ri~ ~~k ~~ ~~{kl r~ ~~~t'. iinr~~n ' ~ ~~~f;:,~ 11I ~id~l~ Fti ~ ~ .I ~ ~ 5~,..~I.il ~,'~ri f~~~ol_L Ff ~! ~si.!~~i~ ~., I~'~ [f~~ f ~,~F liat~t ' . ~ili'r4+ I' c~~. vl 1~5: cr1 JC~I ~« l~l. 1~'ti:1~ -~:r~`` ~~1 I'llilj~ ~~r.'G _~,'r'I'~,fi'I'~i~t~J ~t,Jli_l~ L.i ~~+~ f! ~u}U~,~ L ~'~ I~f ~: t [~ f.~tii I t~:l:'1~I it ~!E'`!°J~~:~~:!i~, ~I ~ '~'G1.I ~i ~'I~~it~1~ f.s 11„LI Qr, ,~~,'~'; ~lf'I'.LI'' t~~d'''1 .~... I~r~~l~~; l~~-~. L k~~r~r~t~, I~~lt~t~~ti'~i~~ ~~~,~~~~~;7~}ant i ~I~~ Ill Cr,~ti~~:~~trl~~u:~~~~ ~.~~ ~ ~ r t~ ~a~~~~1 ~_~Ir~ ~.I~ ill,; !;111 I 11 arli ,t~~~ ~~~>>~~~Irtl`T~' `pit F~ ii7~~1~1}=~r,~i~l..i ~.~. ~i~~~.I°I~Llli ~~ h: ~+ y~'k~."", d} F)~r~~~1~fTti, ~?~+„ri.U'i ~. ~tg~tta ~fP14"R .~1~~`"~' i~ ti[, rf :~Ir:'~'1i ~rtl't~l{tik t•: ii,~;{,rr~~ 1 ~~~~,Sr,~Pr1 ~il~~', .. ., ~ r'~~~ .~rl ~, I.f,~r t :~i,'ti~=iaCi~~~.~~r~' ~="tj~. _~~~la':~a~~~`~~H? - ' W j1j1 y _ - ~ I I1.-- ~_ ~~ LiS~i III . Lrl.. ~~'A L.J~I. fif~ I ys :+..I ._,1 LIB I rl ~~ I P,~: ~I~~I'I'~iJl~ll"~ ~['+e"~I:~mLI~~~l ~l€ltltiru~~3 ~.~~... ~Ii~~E ~~ ~~-~'~IIC~r~ I }7~1~ t~~~k~1C~~ ~f1G ~~~~~~.~9~d°I~'[1 9} ~ ~~~~ p ~ p5 f I~ 41 III., ,111'=h+l:"~71~'ul. i.sr.";~I~~~r,:~''~~I~i+;Cr(rltr. ~; r. ~:l.llldl l .- 1~, ~~~i~ni~~ ~L ~~~~' arl al.f_;~~ ~~.fi l G~.~:G~:~ ?a~w~fl ~ii~l"ij i~E '~~€ti~"I~kf ~[~~'~ f~P~~'~~~ ~~I~ ~f~~ ,,~I ,-,rr~ , -~s- Famiiy Central, Inc. • 3111 S. Dixie Highway, Suite 222 • West Palm Beaci~, hL 33405 Attachment E RATE SHEET Delr~ Beach Community Center Program's Name Child care reimbursement shall be based upon the following negotiated fixed rate per child. Parent fees shall be deducted from this rate before payment is made to the Provider. *!f Gold Seal Differenfial is included in These cafes the rates will be reduced when the Gold Seal is no longer applicable. Full Time Daily Part Time Daily 6 Hours or More Less than 6 Hours FULL TIME Sibling Rate PART TIME Sibling Rate infants $NIA $NIA $NIA $NIA 0-12 months Toddler $NIA $ N1A $NIA $NIA 13-23 months Two year olds $NIA $NIA $NIA $NIA 24-35 months Preschool $NIA $NIA $ N!A $NIA 36-47 months Preschool $NIA $NIA $ N!A $NIA 48-59 months Preschool 60-72 months $NIA $NIA $NIA $NIA (not in Schaal) School Agelsummers $ 13.00 $ 13.00 $ 10.44 $ 10.44 Holidays Wrap Around Rate for VPK Children (For the same child attending a VPK program and school readiness funded program) Child care wrap around rate for VPK children's reimbursement shall be based upon the following negotiated fixed rate. Full Time Daily Part Time Daily 6 Hours or More Less than 6 Hours FULL TIME SIBLING PART TIME SIBLING Preschool $NIA $NIA $NIA $N/A 36-47 months Preschool $NIq $NIA $NIA $NIA 48-59 months Preschool 60-72 months $N1A $NIA $N!A $NIA (not in School) ~' Rates Effective: yProvider's Signature: July 1, 2011 Date: -19- ~amily Central, Inc. • 3111 S. Dixie Highway, Suite 222 • West Palm Beach, FL 33405 fa:mil centr~,l •/ (:hanF~',7ilg lives for a lx£ctxmc: SCHOOL READINESS CHILD CARE SERVICE AGREEMENT BETWEEN FAMILY CENTRAL, 1NC. ANp City-of De.l:ray Beach- Pamper Park Term of this contract is Juiy 1, 2011- December 31, 2011 The parties to this Service Agreement are Family Central, Inc., {"Family Central"}, and City of_ D_elray_ Beach- Pompev Park, {the "Provider"). Family Central performs administrative duties in the enrollment of children into child care programs and with respect to financially assisted school readiness funding available through the Early Learning Coalition of Palm Beach County Inc. (the "Coalition") and subsidized child care funding available from other sources that may include the Florida Department of Children and Families Office of Refugee Services and the Workforce Alliance. The purpose of this Service Agreement is to establish the method by which Provider will receive payment available through the school readiness program and other programs for children eligible for financially-assisted school readiness services or subsidized child care that are in the Provider's care. The Parties acknowledge that the Provider is not a subcontractor of Family Central, Family Central has na control over the day-to-day operations of fihe Provider, and that the existence of this Service Agreement does not require or guarantee enrollment of children in the Provider's child care program. The Parties agree as follows: L Provider Responsibilities. The Provider shall: A. Retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media} pertinent to this Service Agreement for six (6} years after expiration or termination of this Service Agreement, or if an audit has been initiated and audit findings have not been resolved at the end of six {6} years, the records shall be retained until resolution of the audit findings. The Provider shall further comply with all record retention requirements of Sections 119.021 and 411.011; Florida Statutes, and all other requirements of law, and shall retain records for the period of time required by this Service Agreement or required by law, whichever is !anger. The Provider will cooperate with Family Central or the Coalition to facilitate the duplication and transfer or any said records or documents upon request of Family Central or the Coalition. B. Ensure that ail records pertinent to this Service Agreement, including but not limited to sign-inlsign-out and attendance records, are available at all reasonable times for inspection, review, copying or audit by Federal auditors, representatives of the ComptroEler of the State of Florida or the Auditor General of Florida, or other personnel duly au#horized by Family Central, the Coalition, Department of Education, Office of Early Learning ar fihe Agency for Workforce Innovation. C. Permit persons duly authorized by Family Central andlor the Coalition to access, inspect andlor copy any papers, documents, facilities, goods or services of the Provider which are relevant to this Service Agreement and to interview any clients or employees of the Provider to ensure the satisfactory performance of the-terms and conditions of this Service -1 - Family Central, knc. • 3111 S. Dixie Highway, Suite 222 • West Palm Beach, FL 33405 Agreement. Failure to allow access to duly authorized persons may result in non payment for that day and provider termination from the School Readiness Program. D. Not discriminate against participants in the school readiness program or employees because of age, race, creed, color, disability, national origin, handicap, marital status or gender. E. Comply with the Pro-Children Act of 1994, 20 U.S.C. 6083. Failure to comply with the provisions of this law may result in imposition of a civil monetary penalty of up to $1,000 for each violation andlor the imposition of an administrative compliance order on the responsible entity. F. Not hold itself out, nor should its employees hold themselves out, as employees, agents, servants, joint venturers, partners or representatives of Family Centro! or the Coalition. G. Coordinate a Level I developmental screening using the Coalition approved screeninglassessment tools for 100% of those children, birth to the beginning of the school year that a child is eligible for admission to kindergarten, for whom the Provider receives financially-assisted school readiness funding and for wham a parent andlor guardian has consented in writing to the developmental screeninglassessment. The Provider shall ensure that each parentlguardian completes a consent form for developmental screening or signs a denial for screeninglassessment. Provider is responsible for submitting information to Home Safe, Inc. ("Home Safe"} or the Coalition as required in connection with developmental screeninglassessment. Provider must participate in trainings as required relating to developmental screenings and assessments. Records relating to any screening or assessment coordinated or administered by the Provider, including but not limited to Level I or Level II developmental screenings, shall be maintained for the longer of three years after the date the child is last enrolled with the Provider or the retention period in Section LA. above. H. Permit persons duly authorized by the Coalition to provide Level II developmental screening) assessment far those children for which the Provider receives financiaily- assisted school readiness funding. Comply with the requirements of Section 411.0106, Florida Statutes, including but not limited to, providing the fallowing for all children for wham the Provider receives school readiness funding: i. Classical music daisy; and for all children from birth to three years of age. ii. Reading to all children birth to three years of age at least 30 minutes each day. Keep confidential all information concerning all children and their families required to be kept confidential by law and provide adequate security in its record keeping. K. Return to Family Central all sums expended for casts associated with this Service Agreement which were paid contrary to the terms of this Service Agreement. In the event the Provider or its independent auditor discovers that an overpayment has been made, but Family Central is unaware of the overpayment, the Provider shall repay said overpayment within thirty {30) calendar days after determining the existence of the overpayment. In the event that Family Central first discovers that an overpayment has been made, Family Central shall notify the Provider in writing. The Provider shall repay the overpayment within thirty (30) calendar days after the receipt of written notice from Family Central. Should repayment not be made in a timely manner, Family Central shall -2- Family Central, Inc. • 3111 S. Dixie Highway, Suite 222 • West Palm Beach, FL 33405 be entitled to charge interest at a lawful rate of interest on the outstanding balance beginning thirty (30) days after the date of notification or discovery. Any such interest shall be remitted by Family Central to the Coalition. Notwithstanding any provision in this Service Agreement to the contrary, Family Central reserves the right to deduct from the Provider's reimbursement payment any overpayment discovered through a monitoring, audit or through any other means. If Family Central makes such a deduction from a reimbursement payment, it shall provide the Provider with notice in writing of the reason for the deduction and the amount of the deduction at the time the reimbursement payment is made. L. Submit the final invoice for payment to Family Central no more than twenty (20) calendar days after termination or expiration of the Service Agreement; if the Provider fails to do so, all right to payment is forfeited, and Family Central will not honor any requests for payment submitted after the aforesaid time period. Any payment due under the terms of this Service Agreement may be withheld until all evaluation and financial-reports due from the Provider and necessary adjustments thereto, have been approved by Family Central. M. Comply with all federal, state and local laws and regulations, as well as policies and requirements of the Coalition and Family Central, including but not limited to: rules and regulations of local fire and health authorities, the Palm Beach County Child Care Ordinance; applicable Workers' Compensation laws; the background screening requirements contained in Chapters 402 and 435, Florida Statutes, as amended by Chapter 2010-114, Laws of Florida; and Chapters 60BB-4, 65C-20 and 65C-22, Florida Administrative Code. The Provider represents and warrants that it has complied with all applicable background screening requirements under Florida law including those required by Chapters 402 and 435, Florida Statutes, as amended by Chapter 2010-114, Laws of Florida. Failure to comply with federal, state or local laws or regulations may result in termination andlor non-payment of child care services. N. Accept a school readiness child only afiter receiving authorization from Family Central. Initial authorization may be by phone. O. Maintain current documentation on each child, including authorization, enrollment, attendance, immunization, and termination records. Providers not subject to child care licensing inspections such as informal providers and other licensed exempt providers must collect and retain immunization records for review by the Coalition andlor Family Central staff for each child ages birth to 5 who have not yet entered kindergarten. P. Maintain a manual or electronic sign-inlsign-out system and ensure parentslguardians or other authorized persons utilize the system each day their child(ren) are in attendance. Sign-inlout sheets are only used by Family Central to verify attendance for enrollment and payment purposes. Family Central does not monitor for or verify the child`s arrival to and departure from the Provider's facility for the purposes of determining safe arrival and return home or to the custody of a parent or guardian. in order for Family Central to verify attendance far payment purposes, parentslguardians or authorized persons using a manual sign-inlsign-out sheet must sign their child(ren) in at time of arrival at the site and out upon leaving the site every day by signing their full signature and time inlout (including AM and PM for those providers offering extended care). Parents/Guardians or authorized persons using an electronic sign-in/sign-out system must sign their full signature and date an a printed version of the electronic record within ten (10) calendar days after the. end of each month. No individual may sign in or sign out a child other than a child's parent or guardian, ar an individual for whom the Provider has -3- Family Central, Inc. • 3111 S. Dixie Highway, Suite 222 • West Palm BeaC~,, FL 33405 obtained and maintains written authorization from the parent or guardian that such individual may sign the child in or out. In no event may any officer, employee or volunteer of the Provider sign a child in ar out except where it is logistically impossible for the parentlguardian to physically sign the child in or out (such as where the child rides the bus} and where the parentlguardian has expressly consented in writing to an officer, employee, or volunteer of the Provider signing the child in or out. In such cases, the parentlguardian must sign a statement at least weekly verifying their child's attendance for the preceding week far payment purposes. In addition, the Provider must comply with all licensing requirements relating to sign-inlsign-out sheets for licensing purposes which may differ from the requirements in this Service Agreement for sign-inlsign-out sheets to verify attendance for payment. iii. Sign-inlsign-out sheets must remain an-site at the Provider's location for the current and previous three months and shall be immediately available for inspection andlor pick-up by individuals authorized by Family Central. In the event that the Provider is unable to produce sign-inlsign-out sheets on-site in accordance with this paragraph, reimbursement shall not be made for any days for which a completed sign-inlsign-out sheet is not immediately available on-site at the Provider's location. Sign-inlsign-out sheets must be kept for a minimum of six years or the retention period in Section I.A. above, whichever is longer, and must be available for inspection by Family Central, the Coalition andlor other subsidized child care funding sources. In the event of a discrepancy between asign-inlsign- .out sheet and an EnrollmentlAttendance Certification, the sign-inlsign-out sheet shall control. Exceptions must be preapproved in writing by Family Central. Q. Be liable for prosecution under State law for fraudulently misrepresenting achild's attendance andlor sign-inlsign-out roster. This includes, but is not limited to, deliberately claiming children for reimbursement who are not attending, falsifying Enrollment Attendance Certification sheets, and falsifying sign-inlsign-out sheets. R. Maintain hours of operation in accordance with- and not exceeding the scope of the Provider's child care license. S. Notify Family Central in writing a minimum of 14 calendar days in advance of any changes to its location. T. Be liable for and indemnify, defend and hold harmless Family Central and the Coalition and all of their respective officers, agents, and employees from all claims, suits, judgments or damages, including attorneys' fees and costs arising out of any act, actions, neglect or omissions by the Provider, its agents or employees during the performance or operation of this Service Agreement or any subsequent modification of this Service Agreement, whether direct or indirect, and whether to any person or tangible or intangible property. The Provider's inability to evaluate its liability shall not excuse the Provider's duty to defend and indemnify within seven (7) calendar days after notice by Family Central or the Coalition by certified mail. After the highest appeal is exhausted, only an adjudication or judgment specifically finding the Provider not liable shall excuse performance of this provision. The Provider shall pay ail casts and fees including attorneys' fees relating to these obligations and their enforcement by Family Central or the Coalition. Family Central's ar the Coalition's failure to notify the Provider of a claim shat! not relieve the Provider of these duties, The Provider shall not be liable for the sole negligent acts of Family Central or the Coalition. This provision shall not be construed as -4- Family Central, Inc. • 3111 5. Qixie Highway, Suite 222 • West Palm Beach, FL 33405 a waiver of any right or defense which Provider may possess and is limited by provisions of Sec. 768.28,. Florida Statutes. U. Maintain any liability andlor accident insurance as required by law, including but not limited to, any insurance required by child care licensing regulations. Any insurance coverage beyond fihat required by law- is optional, but encouraged. If the Provider is a child care facility or family child care home and maintains liability and/ar accident insurance covering its business: {a} Family Centro! and the Coalition shall be named as additional insureds, (b} the Provider shall furnish Family Central with written verification supporting the existence of such insurance coverage, .and {c) the Provider shall notify Family Central in writing at least thirty (30) days in advance of any anticipated material change in coverage ar cancellation. Family Centro! and the Coalition need not be Warned as additional insureds on any Workers Compensation policies. The Provider must comply with the insurance requirements of this paragraph before reimbursement payments will be made. This provision does not apply to the extent the Provider is self-insured, including but not limited to, a state agency or subdivision that is self-insured pursuant to Section 768.28{16), Florida Statutes. V. Submit to monitoring by Family Central to ensure compliance with this Service Agreement. Monitarings may occur randomly throughout the year and are unannounced. If deficiencies are Hated, they shall be corrected by the Provider in accordance with a written corrective action plan that includes time lines for correcting deficiencies. Recurring lack of availability for monitoring shall constitute a violation of this Service Agreement, and is grounds for termination of the Service Agreement. W. Immediately report any known orsuspected child abuse or neglect to the Florida Department of Children and Families through the Child Abuse Registry {1-800_gg_ ABUSE). X. Report any unexcused absence or seventh consecutive excused absence of an At Risk child of any age to the Florida Department of Children and Families' (DCF) hotline at 1561) 837-5005 or toll free 1 (866) 325-5323 by noon on the day of the child's first unexcused absence, or the clay of the child's seventh consecutive excused absence. In addition any provider serving At Risk children- whose site has a temporary closure shall report that closure to the above hotline. If you cannot reach someone at the hotline, please call the DCF External Affairs Office at {569) 837-5080. An At Risk child is defined as a child with a BG1 billing category as reported an the Child Care Certificate. Y. Report any temporary closures of the Provider's facility to Family Central in advance if the temporary closure is planned, or by the close of business on the day of the closure if the temporary closure is Hat planned in advance. If the closure is extended the Provider must notify Family Central within 2 days of reopening the facility as to the status and availability. Z. Attempt to settle any dispute relating to this Service Agreement or the services provided hereunder through the Family Central Grievance process as described in Attachment A - Grievance and Appeals Process which is expressly made a part of this Service Agreement and is incorporated by reference herein. In the event the provider fails to first go through the Family Central Grievance process, the Provider shall pay all Family Central costs and fees including attorneys' fees relating to any action the provider may take. In accordance with Attachment A any grievance must be filed within 30 calendar days after the individual submitted the grievance knew or should have known of the basis for the grievance or the grievance process is waived. -5- Family Central, Inc. • 3111 S. rJixie Highway, Suite 222 • West Palm Beach, FL 33405 AA. Notify Family Central in advance, if a change is known to be occurring, and in no event later than 14 calendar days of a change in Director. Using Attachment B -Change of Director form. Failure to notify Family Central within the time frame of this change may result in corrective .action. BB. Utilize a Developmentally Appropriate (DAP) Curriculum: (Section. 411.01(5)(c)2.a-b, Florida Statutes) approved by the Coalition with a character development component. If the Provider desires to use a curriculum not previously approved by the Coalition, the Provider must complete the curriculum review process and obtain Coalition approval prior to using such curriculum. CC. Participate in curriculum enhancement initiatives as determined by the Coalition or its designee. The Provider also agrees to complete training in alignment with their curriculum use as outlined in Attachment C. For a list of the Coalition Approved Curriculum and curriculum review procedures please see htt :1/www.famil central.or . DD. Ensure the Director and curriculum specialist or the family child care home provider or informal care provider complete 12 hours of Palm Beach County Registry approved training in their Coalition-approved curriculm on or before June 30, 2012. Training from the approved curriculm publisher, distributor, or a child care center's corporate office may subsititute for this training. Those who have completed this training before July 1, 2011 must maintain proof of completion and are required to take five (5} hours of Palm Beach County Registry, Department of Children and Families (DCF); or Department of Education (DOE) approved training in curriculum support during the 2011-2012 fiscal year. If the Provider has developed its own Coalition-approved curriculum the Provider's Director and curriculum specialist, or the family child care home provider or informal care provider must complete a minimum of five (5) hours of Palm Beach County. Registry; Department of Children and Families (DCF}; or Department of Education (DOE) approved curriculum support training in the fiscal year 2011-2012. All lead teachers must complete a minimum of five (5) hours of Palm Beach County Registry; Department of Children and Families (DCF}; or Department of Education (DOE) approved training in curriculum support for the age group with which they work between July 1, 2011 and June 30, 2012. A written plan to meet all curriculum training requirements as outlined in this paragraph DD must be maintained on the provider's site using the Training Template set forth in Attachment C which is expressly made a part of this Service Agreement and incorporated by reference herein. Lead teachers are defined as the person primarily responsible for a group of children for the majority of the day. A minimum of one lead teacher per classroom is required. Curriculum specialist is defined as the staff person who- oversees a center's educational program for at least 50% of the time. Special. provisions for Out of County Programs Out of county programs- may be exempt from the above listed curriculum requirements if the following conditions are met: The facility holds a school readiness agreement with the local Coalition or School Readiness Agency. The local Coalition has their own curriculum requirements for School Readiness providers. -fi- Fam€ly Central, Inc. • 3111 S. Dixie Highway, Suite 222 • West Paim Beach, FL 33405 iii. The program serves fewer than 10 younger than school age children from Palm Beach County EE. Participate in curriculum implementation. Curriculum implementation baseline monitoring will be completed between Juiy 1, 2011 and June 30, 2012. Providers will participate in the completion of the Environment Rating Scales assessment and monitoring of curriculum implementation through the use of developmental standards, lesson plans and ongoing assessment of children. Please see Attachment D FF: Participate in program assessment {F.S. 411.01(4)(d)s and (5)(f)}. The Provider shall provide an appropriate environment for children and cooperatively participate in annual program assessments {currently the Environment Rating Scales (ERS) tool), technical assistance, and training as deemed appropriate for the program and determined by the Coalition or its designee. In between July 1, 2011 and June 30, 2012 all licensed and license exempt providers are required to receive a baseline ERS assessment in accordance with Coalition guidelines. GG. Participate in the multi-year Child Outcomes Study, which will begin in the 2011-2012 Fiscal Year and allow the Coalition or designated agency to conduct all assessments that are related to the study. HH. To the extent that the Provider qualifies for and receives any funding for slots under the Continue-to-Care Scholarship Program ("scholarship"), comply with all terms and conditions of the Continue-to-Care Scholarship and Procedure Manual of the Children's Services Council of Palm Beach County as may be amended from time to time (the "Manual"). A copy of the Manual may be obtained from Family Central and is incorporated herein and made a part hereof far all Providers that receive scholarship slots. To the extent that anything in the Manual is inconsis#ent with the terms of this Service Agreement, the Manual shall govern. To the extent that the Provider receives reimbursement for subsidized child care funded by any source other than the Coalition, comply with all applicable requirements of the funding source as communicated by Family Central to the Provider. II. Family Central Responsibilities. Family Central shall: A. Conduct .monitoring of the Provider to ensure compliance with this Service Agreement. B. Process payment to the Provider for child care services provided by the Provider under the school readiness program or other subsidized child care programs, subject to the availability of funds. The payment nbligafiions under this Service Agreement are contingent upon an annual appropriation by the Florida Legislature, and funding by the Coalition and other funding sources, as applicable. C. Notify the provider of At-Risk children. D. Forward the names of any child care prodder suspected of committing fraud to the Florida Agency for Workforce Innovation and to law enforcement for further investigation as appropriate in the discretion of Family Central. _7_ Family Central, Inc. • 3111 S. Dixie Highway, Suite 222 • West Palm Beach, FL 33405 III. Termination. A. Termination With Notice. This Service Agreement may be terminated by Family Central ndlor the Provider with or without cause upon no less than -1-5 30 ar days notice for reasons including, but not limited ta: 1. Funds to finance this Service Agreement become unavailable; or 2. The Provider and/or Fami!_y_Centra! breaches this Service Agreement. B. Termination Without Notice. This Service Agreement may be terminated by Family Central immediately without prior notice if: The Provider fraudulently reports false information to Family Central regarding the attendance of children at the child care program; 2. Any child care license required in order for the Provider to provide child care is revoked or not renewed by the licensing authority. 3. The Provider is not subject to licensure by a licensing authority and Family Central is directed by the Coalition to terminate this Service Agreement due to a concern for the health andlor safety of the child(ren) in the Provider's care. C. Automatic Termination. This Service Agreement shall immediately terminate upon the expiration or termination of Family Central's contract with the Coalition. Family Central's obligations with respect to any slots funded by sources other than the Coalition shall terminate upon expiration ar termination of funding from the funding source. D. Termination for Non-Compliance. If Family Central determines in its sale discretion that a Provider is out of compliance with one or more terms ar conditions of this Service Agreement, Family Central may terminate the Service Agreement pursuant to the termination provisions set forth above. Family Central may also notify. the Provider that, as a result, the Provider is not eligible to enter into a future Service Agreement with Family Central or otherwise be reimbursed for school readiness services with funding provided by the Coalition far a period of at least one (1 } year following the date of termination. Alternatively, Family Central may offer the Provider the option to enter into a Compliance Plan. Ill. Methoct of Pa~rment. A. Negotiated Rates. Payment for subsidized child care services shall be based upon the Schoo! Readiness Negotiated Rate Sheets attached here to as Attachment E which are expressly made a part hereof and incorporated by reference herein. In no event will the Provider be reimbursed at a rate that exceeds the lower of the maximum reimbursement rate designated by the Coalition, or the Provider's maximum private pay rate. increases in the negotiated reimbursement rate will be effective, as applicable, the first of the month following notification in writing by the provider to Family Central. B. Parent Fees. The authorized sliding scale parent fee shall be deducted from the negotiated rate before payment is made to the Provider. It shall be the responsibility of the Provider to collect the parent fee, except that Family Central will assist in collecting up to two weeks of parent fees if two weeks or less of parent fees are past due and need to be collected prior to a transfer of a child to a different child care provider, -8- Family Central, Enc. • 3911 5. Qixie H''€ghway, Suite 222 • West Palm Beach, FL 33405 C. Child Care Executive Partnership. If the Provider participates in the Child Care Executive Partnership Program, the Provider's portion of matching funds may be deducted from the negotiated rate before payment is made to the Provider. D. Monthly Invoices. The Provider will be paid by Family Central an the basis of monthly invoices that report the eligible enrollment on a daily basis. The invoices shall be submitted on the EnrollmenfilAttendance Certification sheet and Request far Approval of Payment-Extended Absence forms provided by Family Central for this purpose. The Provider shall submit monthly invoices consisting of these forms to Family Central not later than the fourth (4th} calendar day of the month following the month in which services were provided. If the 4tn calendar day falls on a weekend or holiday the due date_shall__be the business day prior to the 4th calendar dayof the month. Monthly attendance and reimbursement forms received after that day will be included in the following month's report thus delaying the Provider's reimbursement until the next reimbursement period. The Provider forfeits. all rights to payment for any monthly attendance report submitted more than 45 days following the end of the service period. Requests far reimbursement adjustments must be submitted in writing to Family Central within 45 days fallowing receipt of payment for that service period or within twenfiy {20} days after the expiration or termination of the Service Agreement whichever is sooner. Fraudulent conduct by the Provider in reporting information to Family Central in connection with receiving payment hereunder will result in termination of this Service Agreement and will be reported to the appropriate- law enforcement authority or authorities. Invoice Due Dates August 4, 2011 September 2, 2011 October 4, 2011 November 4, 2011 December 2 ,2011 Janua 4, 2012 E. Payments. Reimbursement payments will be mailed or released far direct deposit by Family Central not later than the sixteenth (16th} calendar day of the month, following the month for which a completed and accurate invoice (including all required attendance information} is submitted to Family Central, subject to availability of funds. This is not necessarily the date providers will have access to the payment, depending on bank regulations. Reimbursement shall be made for the eligible enrollment on a daily basis. Reimbursement Dates August 16,2011 September 14, 2011 October 14, 2011 November 16, 2011 December 14, 2011 Januar 13, 2012 F. Gold Seal. Reimbursement at Gold Seal rates will be made only if proper documentation is submitted to Family Central. Proper documentation includes a current Gold Seal certificate from the State of Florida and a current accreditation certificate from an accrediting body recognized by the State of Florida. in no event will a Gold Seal Provider be reimbursed at a rate that exceeds the lower of the maximum Gold Seal rate as designated by the Coalition or the Provider's maximum private pay rate. if the Provider ceases to qualify at any time for payment of Gold Seal rates, the Provider will be reimbursed at the non-Gold Seal rates which shall not exceed the maximum rates for non- Gold Seal providers as designated by the Coalition. During the month when a Gold Seal certificate expires and the renewal certificate has not been received by Family Central, care will be reimbursed at non-Gold Sea[ rates, with the Gold Seal differential being paid the following month provided that Family Central receives the certificate within 10 days of the issuance of the renewal certificate. Gold Seal rates for renewed certification will be effective from the date of renewal provided Family Central receives the certificate within 10 days of the issuance of the Gold Seal renewal certificate. Otherwise, the Gold Seal -9- Family Central, Inc. • 3911 S. Dixie Highway, Suite 222 • West Palm Beach, FL 33405 rates for the renewed certification will be effective when the certificate is received by Family Central. Gold Seal rates for newly Gold Seal certified facilities will be effective the first of the month following receipt of the Gold Seal Certificate by Family Central, G. Funding Source. Reimbursement will not be made for children being paid for through a funding source other than the source of funding under this Service Agreement. H. Termina#ion of Service to Client. If a child ceases to be eligible for financially-assisted schaal readiness services or other subsidized child care, Family Central will notify the Provider of the child's termination date. The Provider shall not be entitled to reimbursement beyond the termination date as indicated on the child care certificate or the date on which the Provider is notified by telephone or in writing of a child's termination, whichever is earlier. VPK Wrap-around rates. The Payment rate far wrap-around readiness services is calculated in accordance with guidelines established by the Office of Farly Learning, regardless of whether the private pre-kindergarten provider or public school delivering the VPK program for the child is the same or different than the schoal readiness provider delivering the wrap-around readiness services. V. Reiimbursement Policies. A. Program Holidays The Provider will be paid for the following holidays. Designated July 4, 2011 (Independence Day) September 5, 2011 (Labor Day) _ November 24, 2011 {Thanksgiving Day) December 26, 2011 (Christmas) Floa#ing .- i~~i 'i 1 ®ecerrer 2~, .:_.~ ° 1 giber r , k 1 NfA l~A Any changes to floating holidays must be submitted in writing at least 45 calendar days prior to the first day of the month in which the holiday change will occur. Children are not eligible for holiday reimbursement if they are not normally scheduled to attend that day. Part time rates will be paid for afterschool children for Memorial Day and Labor Day. Additional floating holidays selected by the provider as described above may also be paid at the park time rate for afterschool children if the day before ar after the additional holiday is paid at a part time rate. A child must attend at least one day during the month far a provider to be paid for any holidays. The Provider will also close for the following days and time periods. The Provider will not be reimbursed for these days. -~a- Family Central, Inc. • 3111 S. Dixie Highway, Suite 222 • Wesi Palm Beach, FL 33405 10A Providers must notify Family Central in the event they are closed any days not listed in this Service Agreement. B. Reimbursement for Absences Reimbursement may be made for a total of 3 absences during a calendar month for each child. Under extenuating circumstance and with proper documentation up to an additional 7 (seven} absences within a month may be paid at the discretion of l=amity Central. This documentation shall be collected by the provider and must be submitted to Family Central. A child must attend at least one day during the month for a pravider to be paid for any absences. Reimbursement will not be made for each day entered on the attendance log as "N" or not reimbursable. If the day before or the day after a holiday is marked "N" (not reimbursable}, the Provider will not be reimbursed for the holiday. If the day before or the day after a series of holida s andlor floatin holida s is marked "N" the rovider will not be reimbursed for any of the holidays andlor fioating_holidays. If the Provider determines that a parent does nat intend to return a child to the child care program, then the child must be terminated from the child care program, and future days are non-reimbursable. These non-reimbursable days must be coded as "T" on attendance sheets. If a child is absent far five (5} consecutive days and the parent does not contact the Provider, the Provider shall notify Family Central and Family Central shall determine whether continued care is needed. C. Summary of EnrollmentlAttendance Codes E - Excused Absence X - Enrolled I Present (a day a child is present) A - Authorized Absence beyond 3 days (excused absence beyond three (3) days, which has been approved by Family Central} H - Reimbursable Holiday T - Terminated (day child is disenrolled) N - Enrolled, not reimbursable. D. No Reimbursement In Excess of Licensed Capacity No Reimbursement will be made for children in excess of the Provider's licensed capacity at any given time. Family Central reserves the right, at its sole discretion, to limit future enrollment when a Provider has been found to be over its licensed capacity at any given time. Under no circumstances will Family Central enroll children with a Provider that -11- Family Central, Inc. • 3911 5. Dixie Highway, Suite 222 • West Palm Beach, FL 33405 Family Central knows will cause the Provider to exceed its licensed capacity at any given time. Vl. RenegotiationlModification. Modifications to this Service Agreement shall be valid only when they have been reduced to writing and duly. signed. The parties agree to renegotiate this Service Agreement if federal, state andlor county revisions of any applicable laws or regulations make changes in this Service Agreement necessary. VII. Name, Mailing and Street Address of Payee. The name and mailing address of the official payee to whom Family Centro[ shall make payment: /~' Program Contact: L'rntla KarchlTonya Srr7ith Program Name: Cit of Delra Beach Program Address: 50 NW 1st Ave Delray Beach; FL 33444 Telephone Number: 561-243-725Q The name of the contact person and street address where financial and administrative records are maintained: (~ Program Contact: Linda KarchlTonya Smith Program Name: City of Delray Beach. Program Address: 50 NW 1st Ave Delray Beach, FL 33444 Telephone Number: 5fi1-243-7250 The Provider wil[ provide services under this Service Agreement at the following location: 1101 NW 2nd streetDelra Beacb" FL 33444 VIII. Miscellaneous. A. Term. This Service Agreement is effective as of July 1, 20.11_, and will automatically terminate on December 31, 2011 hereinafter referred to as the "Agreement Period" unless terminated earlier as provided herein. B. Assignment. Neither Party may assign its interest under this Service Agreement except with the prior written consent of the other Party, which consent shall not be unreasonably withheld. Without limiting ar restricting the generality of the foregoing, it shall not be unreasonable for a party to deny its consent where, in its opinion, acting reasonably, the proposed assignee, purchaser or transferee lacks the capacity or resources necessary to ensure the proper conduct and completion of its obligations under this Service Agreement over the remaining portion of the Agreement Period. No assignment shall operate to release the assigning Party from its obligations hereunder unless such Party is expressly released from its obligations by the other Party.- C. Inurement. This Service Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. Nothing contained in this Service Agreement, express or implied, is intended to confer upon any other person or entity any benefits, rights or remedies. -12- Family Central, inc. • 3111 S. ^ixie Highway, Suite 222 • Wesf Palm Beach, FL 33405 D. Waiver. No waiver by any Party of one or more defaults by any other Party in the performance of any provisions of this Service Agreement shall operate or be construed as a waiver of any future default ar defaults, whether of a like ar a different character. E. Headings. The headings in this Service Agreement are inserted for convenience or reference only and shall not affect the meaning or construction hereof. F. Entire Agreement. This Service Agreement represents the entire understanding between the Parties relative to the matters addressed herein. There are no restrictions, promises, warranties or undertakings other than those set forth or referred to herein. G. Amendment. This Service Agreement may not be amended without the execution of a written document by all Parties hereto. H. Governing Law and Venue. This Service Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws. Venue for purposes of any action brought to enforce or construe this Service Agreement shall be in Palm Beach County, Florida. IN WITNESS THEREOF, the parties have caused this 19 page Service Agreement to be executed by their undersigned officials as duly authorized. The undersigned represents and warrants that helshe has full and complete authority to execute the agreement on behalf of City of Delray B.eaGh--Pompey Park PROVIDER: City of Delray- Beach Program's Corporate Name) City of Delray Beach- Pompey Park dlbla FAMILY CENTRAL, INC. BY SIGNING THIS AGREEMENT AND AGREEING TO ACCEPT FINANCIALLY-ASSISTED SCHOOL READINESS FUNDS AND SUBSIDIZED CHILD CARE FUNDING AVAILABLE FROM OTHER SOURCES, YOU ARE ACKNOWLEDGING THAT YOU UNDERSTAND THE TERMS OF THIS AGREEMENT AND AGREE TO ABIDE BY THESE TERMS STATED. SIGNATURE SECTION Signature: Name: (please print) Signature: Name: Barbara A. Weinstein, Ed.D. Title: Title: PresidentlChief Executive Officer Date Date: Federal I.D. or SS #: 59-Cn00308 Approved as'to Form Terrill Pvburn, Assistan ity Attorney_ tp 1 !!I -13- Family Central, inc. • 3111 S. r)ixie Highway, Suite 222 • West Palm Beach, FL 33405 s `~ Attachment A ~~ ~l~ayrc~t~a~, lives ~€~r a Iii'€^t~ra~ GRIEVANCE AND APPEALS PROCESS OVERVIEW Customer satisfaction is very important to the staff at Family Central, lnc. (FCI). if you are dissatisfied with the service you have received or with information that has been provided to you, please ask to speak to a Supervisor, Manager or Department Director. Our goal is to resolve the complaint and problem to the best of our ability. If you believe that your rights have been violated in any way or if a FCI employee has not adhered to a written policy, protocol, procedure, administrative rule or statute, you have the right to file a grievance. You must file or report your grievance within 30 calendar days after you knew or should have known about the basis of your grievance, whichever is earlier. If you fail to file or report your grievance within this 3Q days period, you waive your rights to have your grievance addressed. Should you feel the need to file a grievance, the process will proceed as follows: • You may contact the Director via phone or in writing, or you may ask any FCI staff person (e.g.: Counselor) to help you to initiate the process. Yau will be asked to complete and sign a Grievance and Appeals Report Form. • The Director or designee will contact you within four (4) business days to try to discuss the issue and attempt to seek resolution. • After working with the Director or designee, if you are not satisfied with the proposed resolution, the FCl Vice President or designee will contact you and discuss the grievance within five (5} business days. • After working with the Vice President or designee, if you are not satisfied with the proposed resolution, the grievance may be referred to the appropriate funding agency or the Chief Corporate Officer or designee who will contact you and discuss the grievance within five (5) business days of receiving the grievance. • After a discussion with the Chief Corporate Officer or designee, if you are still not satisfied with the proposed resolution, the PresidentlCEO will convene a Grievance Committee to review your case within fifteen (15) business days. • The decision of the Grievance Committee will be final. if you do not agree with the final FCI resolution, if applicable, you may request that the program funding source's grievance procedure be initiated at this point. If you have any questions about this process, please do not hesitate to contact the FCI Department Director or Vice President. In the event a grievance is filed, we look forward to wanking with you to come to a satisfactory conclusion. Contact Name: Contact Phone #: Date: Customer Signature {if required) Customer Printed Name -14- Familycentral, Inc. • 3111 5. Dixie Highway, Suite 222 r West Palm Beach, FL 33405 ~~ ~ Attachment B ~e~. ~ c~~"~~"~~~"~~f`~E~~~~`''~`~ CHANGE OF DIRECTOR FORM The information listed below is an update to the Application/Renewal Data Sheet submitted for the current contract year. NAME 01= PROVIDER: ADDRESS: CITY, STATE & ZIP: TELEPHONE: ( ) - NEW DIRECTOR'S NAME: DATE NEW DIRECTOR HIRED:. FORMER DIRECTOR: By signing below, the PROVIDER indicates that the new director is authorized to inquire about and sign documents relating to payment, attendance, Service Agreement application or renewal, Service Agreement contract and Service Agreement amendment(s). OwnerlPrincipallBaard Member's Signature Date Printed Name Title Return To: FAMILY CENTRAL, INC. 3111 SoLiTH ^[XIE HIGHWAY, SUITE 222 ATTN: PROVIDER SERVICES WEST' PALM BEACW, FL 33445-1548 PHONEII=AX: 561-514-3338 EMAIL: TLIDDIE@FAMILYCENTRAL.ORG 'FCI Ilse only: Date Received: Processed by: Date: Famiiy Central, tnc. • 3119 S. Dixie Highway, Suite 222 • West Palrn Beach, FL 33405 -16- Family Central, lnc. • 3111 S. Dixie Highway, Suite 222 • Wesf Palm Beach, FL 33405 U m t V a ti ~+I T`1 O N +r. .,., 0 o~ .,,, }~ V •? *~ •~ r/1 ~~ •.y A ~ o y 0 Q N ~-i .~ ;: ~, CC W ~~ LI U ++ b eC ~ V ~ .~" ~ ~ ~ V ,y, "'~ ~ ~ .~ C ~ i.i ~ ~ 5q bU ~ y '~j' •~ CC ~ ~W ~ .~ ~ ~ ~ ~ ~ ~ ~ S~ v y V +~ O ~ ~ ~ ~r CC ~," `F' i., CC ~r t' .--i ~, O '~ G~ ,~ ~ ~ C3 e-1 In ,a; ~ ~ ~ ~ ~ ~ ~ Q', ~', v CCS O a~ ~ ~ ,ti t~A ~ ~ ~~ ~~ ~~ ~~ ~o ~~ ~ ~ U ~} M~ 1~ V bA .~ E k 0 x w O ~k H GA ' ~ S~ w E~ w y w w O z M [•] €L [L1 E • N m .~ ~ ~ ti ~-- ~ ~ m 0 m ci m c m U U c m V a *~r N . ~ . ti ~{ ~ G ~ . ,L . ~l ~ ` r +'~ ~ ~V f, W Q ~~ O p ^- 'V ...r t~ .~ z~ N e~ b .~ ~, 0 U ..rt i~ '~ "~ V 6J ry D 3..i ~..~ .~ ~~~^I ~~~..+..1+1J Iti ILM •~ ~i e~ v G] O G] ~ bJ) ~ F~ ~~ eC ~. w o ~ ~ d rr; ¢, ~ ~ ~ o ~ U O °y' nn U ~ "C ~ ~ ~ ~~ ~~ ~ ~, ~~ ~~ ~° ~~ 0 ~~ V I~ ~../ V ~ ~ H Sew ~ ~ { ~'{ ~1~4 Q d H ~Y C . ~ E-~ ~ r, ~ cei L ~ H ~ v~•~v eC .'S z 'G N N Li .~ N 1 U "~ ctl 0 i T Attachment D ,. ,. _ .~. Ci,~~f~~'~~I~I ~tY ~ .,~1~w l,:a~; _ ~ ,~.~~ ~~~~~ b~ ~~~=~i~fl~~1 T~,hf,~ I ~.:.._ 4,kG1 ;~a€t~ifil ~!;:,rC VI Y~~~k vii 4! ~l~k l,l ~wllil E.il ~Il. IIiILiIIL~ 4a~'ll&ijr7 ~4Y ~~4 lPll ~ ~~_S L11~'. 1~~~r~~ I~nr~t~ ~:~ ~r~s.~;r~ ~I.rr~~ : s~cll ~I:II~:~ {~ I Iq ig }+Iig~ g I Iet ~~i ~~, ~i~ ~ ~'I r~l r ~~f ~A i.'~~~1II.iI~l~~~Y!!W IllS~YS4 ~S `s 44 ~ ~, c4~~:r~a~11`•~ rc l.l'.:I~l ~_ f~r~ ti;lC~.l~i`4~:~ ~,, ~rlli-1 ~ r l ~~. f ~, ~,~~Irl :~~ ~ti,i~: I ~(~.;i;? +61 i~ :; ,::#I~~. ,_~= `_~ .lt Zt ~~i~.'~~~~~ 1= 1 ~~Ik ~~~?~ I f f:~ f1F, .il~lC:. ~ ~~€l~~tlL ; ~~~1Fssl }' t~~l. ,I. f.' ~t~ ~1L'~ ~~.~:d~r~. ~t]~I~if -{'~1~5 I, ~c,P~irlp ~.r~i~ _!~.'F~i_~ti~~~ilfi~] I~.t,f `'„l~ ~.i. ~~ ~Il_~[. _.'~~4.o.!"Rl~l ~i l~~: ~'':~W ~•':4~~I ~E ~pk ~~ i- I r, :~Y~~1i~~~~~ ~~ sJ'~:'lul~, d, t~r~l"fl~'~.~~fl ~ ~'1~';~~~w!i~'tl`~ L~: I 1•'~~~~ f{ Ik'I.~II~~ t~_~z. ~,.~-'F ,~:.l'.S~ r~{<~ l... i•1,.~~ _:ua.~~~::~xnx^^z ..___. -...a~ 'rt»rs~zs~.re- .---...^^j ~~~~~~~t~,~l~, ~~~~s~~t~~~ ~I~~~~nt }~ ~` ~FI']~f:'t'~;U I ,:Llf:"P. :~' 11 l <f '.; , ~~.i~ ~~ rill 'i"~ s,~r I~'v :,ICI ~~,,l'i~C lt~.rj,''~;I' 3~1~~~~'rls[~~~ j. [ ~y~.~r-~~ ~~r .I ali~rl (.~l I:i : , u~~ ~'.~_~-'_:I~~c~r71 l~l~~l ~~~~ 'l'-~N,~~rf~~~~~;a~~~~t~`~~~~~ft~i`~>,~~rn~~~~, ~l~ ~~;~.;'r~Et;~°~~~(fl~~t~'~~ ~ ~ Sar,Enl ~~)~," .. <. 111 i."i ~1.. ~'~ jxl i I ' ry: :~ry~ I I ~ l~e a~!l~r t~~~L ~~~1}~ L ~ p;~l~t`;f•'i ~~ ~ ::f 1. ~; _:~ ll~ L~~PIf7 ~~1. I'`l~~ :it~l~`~!jr ~i ~~i~,l~~.13~ ~,~ '~'.~1'~[ l]', `' ~~ i slril~,~1>~ ~~~'L'~~i~fir~P~~~ ~l[lil~1;~~"~51 ~~~ I ] ~~~~~:3} .~' EI:'~ I'4 C ~li~' ~~ t-.ii',: ry I..~~§ ~i75~(~i~ ilf~. i.a~l I? .I r;;'~ ~ 7fir~nC'il .~~• il'~:' ~~ C'.~i ~~eti °,J. .~ I 'tl~i~~e~ '1's'I i ; t al'I~ ~I~xC '~.~ ~ ~ L`:G~l i_'~11 ~1:11i~ iii` ~»l~i~l: J~. ~ ~ 'i! 1k l'.~sp~` ,:1'ilw~ ~~. ,~1 ~, , -19- Family Centra€, lnc. • 3111 S. Dixie Highway, Suite 222 • West Palm Beach, FL 33405 Attachment E RATE SHEET Gik: of Delra Beach- Pom a .Hark Program's Name Child care reimbursement shall be based upon the following negotiated fixed rate per child. Parent fees shall be deducted from this rate before payment is made to the Provider. *lf Gold Sea! Differential !s Included !n these rafes the rafes will be reduced when the Gold Sea! is no longer applicable. Full Time Daily Part Time Daily fi Hours or More Less than 6 Hours FULL TIME Sibling Rate PART T1ME Sibling Rate Infanks $NIA $NIA $NIA $NIA 0-12 months Toddler $NIA $NIA $NIA $NIA 13-23 months Two year olds $NIA $NIA $NIA $NIA 24-35 months Preschool $ N!A $NIA $NIA $ N!A 36-47 months Preschool $NIA $NIA $NIA $NIA 48-59 months Preschool 60-72 months $NIA $NIA $NIA $ NlA (not in School) School Agelsummers $ 13.00 $ 13.00 $ 10.44 $ 1D.44 Holidays Wrap Around Rate for VPK Children (For the same child attending a VPK program and school readiness funded program) Child care wrap around rate for VPK children's reimbursement shall be based upon the following negotiated fixed rate. Full Time Daily Part Time Daily 6 Hours or More Less than 6 Hours FULL TIME SIBLING PART TIME SIBI"ING Preschool $NIA $NIA $NIA $NIA 36-47 months Preschool $NIA $NIA $NIA $NIA 48-59 months Preschool 60-72 months $NIA $NIA $NIA $NIA (not in School) Rates Effective: Provider's Signakure: July 1, 2011 Date: -20- Famiiy Central, Inc. • 3111 S. pixie Flighway, Suite 222 r Wsst Palm Beach, FL 33405 MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: May 31, 2011 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 AFTERSCHOOL PROGRAMSERVICE AGREEMENT/FAMILY CENTRAL, INC. ITEM BEFORE COMMISSION Request City Commission approval of a Continue to Care-Afterschool Scholarship Agreement between Family Central, Inc. and the City of Delray Beach to continue reimbursable funding through the CTC-A Scholarship program for the Afterschool Program located at Community Center and Pompey Park. BACKGROUND The term of the attached Continue to Care-Afterschool Scholarship Agreement between Family Central, Inc. and the City of Delray Beach is July 1, 2011 through December 31, 2011. This agreement is to continue reimbursable funding through the CTC-A Scholarship program for the afterschool program. Children enrolled through the program will be funded at a reimbursable rate (less the applicable parent fee) to the City at $10.44/child/part-time day and $19.86/child/full-time day. RECOMMENDATION Parks and Recreation Department recommends City Commission approval. famzl central Yhan~g 1FVes fog- a J~£etrama AFTERSCHOOL PROGRAM SERVICE AGRIwEMENT TO ACCEPT SCHOLARSHIPS FOR SCHOOL AGE CHILDREN BETWEEN FAMILY CENTRAL, INC. AND City of Delray Beach- Pornge~y Park Tenn of this contract is Ju[ 1 24'11 to December 31 201 ~ The parties to this Service Agreement are Family Central, Inc., ("Family Central"}, and, City_ of Delray Beach-'Pom a Park (the "Provider'.'). Family Central performs administrative duties in the enrollment of children into Continue-to-Care Afterschool Scholarship ("CTC-A Scholarship") programs with respect to funding available through the Early Learning Coalition of Palm Beach County, .Inc. (the "Coalition"}, The purpose of this Service Agreement is to establish the method by which Provider will receive payment available through the CTGA Scholarship program. The Parties acknowledge that the Provider is not a subcontractor of Family Central, Family Central has no control over the day-to-day operations of the Prodder, and that -the existence of this Service Agreement does not require or guarantee referral or enrollment of children in Provider's afterschool program. The Parties agree as follows; I. Provider Res ortsibilities. The Provider shall: A. Retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media} pertinent to this Service Agreement for five (5) years after expiration or termination of this Service Agreement, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. The Provider shall comply with al! records retention requirements of Sections 119.421 and 411.011, Florida Statutes, and all other requirements of law and shall retain records for the period of time required by this Service Agreement or required by law, whichever is longer. The Provider will cooperate with Family central or the Coalition to facilitate the duplication and transfer of any said records ar documents upon request of Family Central ar the Coalition. Provider further agrees that all records, papers, fetters or other documents made or received in conjunction with this Service Agreement and the provision of services hereunder shall be subject to public access pursuant to the provisions of Chapter 119, Florida Statutes. The provisions of this paragraph survive termination of the Service Agreement. B. Ensure that all records pertinent to this Service Agreement, including but not limited to sign- inlsign-out and attendance retards, are available at all reasonable times for inspection, review, copying or audit by Family Central, the Coalition or personnel duly authorized by Family Central or the Coalition. C. Permit persons duly authorized by Family Central andlor the Coalition to access, inspect andlor copy any papers, documents, facilities, goods or services of the Provider which are relevant to this Service Agreement and to interview any clients or employees of the Provider -1- Afterschool Program Scholarship Family Central, Inc. • 3111 S. Dixie H'sghway, Suite 222 • West Palm Beach, FL 33405 to ensure the satisfactory performance of the terms and conditions of this Service Agreement. Failure to allow access to duly authorized persons may result in non-payment for that day and provider termination from the CTC-A Scholarship program. D. Not discriminate against participants in, ar employees working with, any program funded through this Service Agreement because of age, race, creed, color, disability, national origin, handicap, marital status or gender. E. Comply with the Pro-Children Act of 1994, 20 U.S.C. 6083. Failure to comply with the provisions of this law may result in imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order an the responsible entity. F. Not hold itself out, nor should its employees hold themselves out, as employees, agents; servants, joint venturers, partners or represen#atives of Family Central or the Coalition, G. Keep confidential all information concerning all children and their families required to be kept confidential by law and provide adequate security in its record keeping. H. Return to Family Central all sums expended for costs associated with this Service Agreement which were paid contrary to the terms of f this Service Agreement. In the event the Provider or its independent auditor discovers that an overpayment has been made, but Family Central is unaware of the overpayment, the Provider shall repay said overpayment within thirty (30} calendar days after determining the existence of the overpayment. In the event that Family Central first discovers that an overpayment has been made, Family Cen#ral sh~li notify the Provider in writing. The Provider shall repay the overpayment within thirty (30} calendar days after the receipt of written notice from Family Central. Should repayment not be made in a timely manner, Family Central shall be entitled to charge interest at a lawful rate of interest on the outstanding balance beginning thirty (30) days after the date of notification or discovery. Any such interest shat! be remitted by Family Central to the Coalition Notwithstanding any provision in this Service Agreement to the contrary, Family Central reserves the right to deduct from the Provider's reimbursement payment any overpayment discovered through a monitoring, audit or through any other means. kf Family Centro[ makes such a deduction from a reimbursement payment, it shall provide the Provider with notice in writing of the reason for the deduction and the amount of the deduction at the time the reimbursement payment is made. Not make any false or fraudulen# misrepresentation regarding a child's attendance andlgr sign-inlsign-out roster. This includes, but is not limited to, deliberately claiming children for reimbursement who are not attending, falsifying EnrollmentlAttendance Certification sheets, and falsifying sign-inlsign-out sheets. Family Central will report any suspected violation of this provision to the appropriate state or other authorities charged with investigating such matters, including but not limited to, law enforcement. Submit the final invoice far payment to Family Central na more than twenty (20) calendar days after termination or expiration of the Service Agreemen#; if the Provider fails to do so, all right to payment is forfeited, and Family Central will not honor any requests for payment submitted after the aforesaid time period. Any payment due under the terms of this Service Agreement may be withheld until all evaluation and financial reports due from the Provider and necessary adjustments thereto, have been approved by Family Central. K. Comply with al! federal, state and local laws and regulations as well as policies and requirements of the Coalition and Family Centro! including but not limited to: rules and -2- A~terschooi Program Scholarship Family Geniral, inc. • 3111 S. Dixie Highway, Suite 222 • West Palm Beach, FL 33405 regulations of the local fire and health authorities; the Palm Beach County Child Care Qrdinance; applicable Workers' Compensation laws; the background screening requirements contained in Chapters 402 and 435, Florida Statutes, as amended by Chapter 2010-114, Laws of Florida; and Chapters 60BB-4, 65C-20 and 65C-22, Florida Administrative Code. The Provider represents and warrants that it has complied with all applicable background screening requirements under Florida law including those required by Chapters 402 and 435, Florida Statutes, as amended by Chapter 2010-114, Laws of Florida. Failure to comply with federal, state or local laws or regulations may result in termination and/or non-payment of child care services. L. Accept a CTC-A Scholarship funded chiid only after receiving authorization from Family Central. Initial authorization may be by phone. Written authorization from Family Central must be received before payments will be made. M. Maintain current documentation on each chiid, including authorization, enrollment, attendance, and termination records. N. Maintain a manual or electronic sign-inlsign-out system and ensure parentslguardians or other authorized persons utilize the system each day their child(ren) are in attendance. Sign- inlout sheets are only used by Family Central to verify attendance for enrollment and payment purposes. Family Central does not monitor for or verify the child's arrival to and departure from the Provider's facility for the purposes of determining safe arrival and return home or to the custody of a parent or guardian. In order for Family Central to verify attendance far payment purposes, parentslguardians or authorized persons using a manual sign inlsign-out sheet must sign their child(ren) in at time of arrival at the site and out upon leaving the site every day by signing their full signature and time in/out (including AM and PM for those providers offering extended care}. ParentslGuardians or authorized persons using an electronic sign-inlsign-out system must sign their fiull signature and date on a printed version of the electronic record within ten (10) calendar days after the end of each month. No individual may sign in ar sign out a child other #han a child's parent or guardian, or an individual for whom the Provider has obtained and maintains written authorization from the parent or guardian that such individual may sign the child in or out. In no event may any officer, employee or volunteer of the Provider sign a chiid in or out except where it is logistically impossible for the parentlguardian to physically sign the child in or out {such as where the chiid rides the bus} and where the parentlguardian has expressly consented in writing to an officer, employee, or volunteer of the Provider signing the child in or out. In such cases, the parentlguardian must sign a statement at {east weekly verifying their child's attendance for the preceding week for payment purposes. In addition, the Provider must comply with all licensing requirements relating to sign-inlsign-out sheets for licensing purposes which may differ from the requirements in this Service Agreement for sign-inlsign-out sheets to verify attendance for payment. iii. Sign-inlsign-out sheets must remain on-site at the Provider's bcation for the current and previous three months and shall be immediately available for inspection and/or pick-up by individuals authorized by Family Central. In the event #hat the Provider is unable to produce sign-inlsign-out sheets on-site in accordance with this paragraph, reimbursement shall not be made for any days for which a completed sign-inlsign-out sheet is not immediately available on-site at the -3- Afterschooi Program Scholarship Family Central, Inc. • 3111 5. Dixie Highway, Suite 222 • West Palm Beach, FL 33AD5 Provider's location. Sign-inlsign-out sheets must be kept fior a minimum of six years or the retention period in Section I.A. above, whichever is longer, and must be available far inspection by Family Central, the Coalition and/or other subsidized child care funding sources. In the event of a discrepancy between asign-inlsign- nut sheet and an EnrollmentlAttendance Certification, the sign-inlsign-out sheet steal! control. Exceptions must be preapproved in writing by Family Central. O. As applicable, maintain hours of operation in accordance with and not exceeding the scope of the Provider's child care license. P. Notify Family Central in writing a minimum of 'l4 calendar days in advance of any permanent or temporary changes to its location shown on page 10. The location must meet all applicable fcensing requirements. Q. Report any temporary closures to Family Central in advance if the temporary closure is planned, or by. the close of business on the day of the closure if the temporary closure is oat planned in advance. If the closure is extended the Provider must notify Family Central with in 2 days of reopening the facility as to your status and availability. R. Be liable far and indemnify, defend and hold harmless Family Central and the Coalition and all of their respective officers, agents, and employees from all claims, suits, judgments or damages, including attorneys' fees and costs arising out of any act, actions, neglect or omissions by the Provider, its agents or employees during the performance or operation of this Service Agreement or any subsequent modification of this Service Agreement, whether direct or indirect, and whether to any person or tangible or intangible property. The Provider's inability to evaluate its liability shall not excuse the Provider's duty to defend and indemnify within seven {7) calendar days after notice by Family Central or the Coalition by certified mail. After the highest appeal is exhausted, only an adjudication or judgment specifically finding the Provider not liable shall excuse performance of this provision, The Provider shall pay al[ costs and fees including attorneys' fees relating to these obligations and their enforcement by Family Central or the Coalition. Family Central"s or the Coalition's failure to notify the Provider of a claim shall not relieve the Provider of these duties. The Provider shah not be liable far the sole ne~ligent acts of Family Central or the Coalition. This provision shall not be construed as _a waiver of any rig t or defense which Provider ~.ay possess and is la.mi.ted by_pro--_ 'S.^Maintain any liability andlor accident insurance of such a type and with such terms and lim' isr~ 1°ns as may be reasonably associated with the services- to be provided-under this Servi o sec. Agreement. In all cases, the Provider must maintain insurance as required by law; includin 68'2$' 1~ a.stat. but not limited to, any insurance required by child care licensing regulations. With respect t~ the insurance maintained by Provider covering its business: (a} Family Central and the Coalition shall be named as additional insureds (with the exception of workers' compensation insurance), (b} the Provider shall furnish Family Central with written verification supporting the existence of such insurance coverage, and {c) the Provider shall notify Family Central im writing at least thirty {30) days in advance of any anticipated material change in coverage or cancellation. The Provider must comply with the insurance requirements of this paragraph before reimbursement payments will be made. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. This provision does not apply to the extent the Provider is self-insured, including but not limited to, a state agency or subdivision that is self-insured pursuant #o Section 768.28('16), Florida Statutes. T. Submit to monitoring by Family Central to ensure compliance with this Service Agreement. Monitorings may occur randomly throughout the year and are unannounced. I# deficiencies are noted, they steal! be corrected by the Provider in accordance with a written corrective action plan that includes time lines for correcting deficiencies. Recurring lack of availability for - ~4 - Afkerschool Program Scholarship Family Central, inc. • 311 t 3. Di~ae Highway, Suite 272 • West Ralm Beach, FL 33405 monitoring, failure to comply with a corrective action plan, or failure to correct any deficiencies shall constitute a violation of this Service Agreement, and is grounds for terming#ion of this Service Agreement. U. Immediately report any known or suspected child abuse or neglect to the Florida Department of Children and Families through the Child Abuse Registry (1-800-9fi-ABUSE). V. Attempt to settle any dispute relating to this Service Agreement or the services provided hereunder through the Family Central Grievance process as described in Attachment A - Grievance and Appeals Process which is expressly made a part of this Service Agreement and is incorporated by reference herein. In the event the provider fails to first go through the Family Central Grievance process, the Provider shall pay all of Family Central's costs and fees including attorneys' fees relating to any action the provider may take. In accordance with Attachment A, any grievance must be filed within 30 calendar days after the individual who submitted the grievance knew or should have known ofi the basis for the grievance or the grievance process is waived. W. Be an active participant in Prime Time's QIS (Quality Improvement System). Notwithstanding the foregoing, children who were receiving CTC-A Scholarship funding on the effective date of this Service Agreement will remain eligible for CTC-A Scholarship funding, but no new CTC A slots will be filled unless the Provider participates in Prime Time's Q1S. K. Remain active in Prime Time's QIS. Active Participation in Prime Time's QIS is defined by: completion of annual external assessments; quarterly progress checks documented by a Prime Time Quality Advisor; fulE participation in Parts i and II of self-assessment and completion of a Program Improvement Plan within 90 days of external assessments. The Provider shall not be eligible for CTC-A Scholarship funds if it faits to comply with this paragraph. Y. Notify Family Central in advance if a change is known to be occurring in the Provider's Director, and in no event later than 14 calendar days after ofi a change in Director. This notice must be provided using Attachment B -Change of Director form. Failure to notify Family Central within the time frame of this change may result in corrective action Family Central Responsibilities. Family Central shall: A. Conduct monitoring of the Provider's compliance with this Service Agreement. B. Notify the Provider of children whose parents choose the Provider for an afterschool program funded by CTC A Scholarships as appropriate, in accordance with Family Central's contract with the Goalition. C. Process payment to the Provider for afterschool services provided by the Provider under the CTC-A Scholarship program, subject to the availability of funds. The payment obligations under this Service Agreement are contingent upon funding by the Coalition and other funding sources, as applicable. D. Forward the names of any child care provider suspected of committing fraud to law enforcement for further investigation as appropriate in the discretion of Family Central. -5- Afterschool Progran•t Scholarship Family Central, lac. • 3111 S. raixie Highway, Suite 222 • West Pa3m Beach, FL 33405 til. Termination. - A. Termination With Notice. This Service Agreement may be terminated by Family Centra ~I~ ~a~°r with or wi#hnut cause upon no less than 2~ hours notice if funds to finance this Servicep~ovider Agreement become unavailable. This Service Agreement may be terminated by Family-------•---- Central with or without cause upon no less than -1 ays notice for any reason including, but not limited to, breach of the Service Agreement by ~''rovi~er. o B. Termination Without Notice. This Service Agreement may be terminated by Family Central without prior notice if: The Provider fraudulently reports false information to Family Central regarding the attendance of children at the afterschool program. 2. Any child care license required in order for the Provider to provide child care is suspended, revoked or not renewed by the licensing authority. 3. The Provider is not subject to licensure by a licensing authority and Family Central is directed by the Coalition to terminate this Agreement due to a concern for the health and/or safety of the children} in the Provider's care. G. Automatic Termination. This Service Agreement shall immediately terminate upon the expiration or termination of Family Centrals contract with the Coalition. Family Central's obligations with respect to any CTC-A Scholarship slots funded by sources other than the Coalition shaA terminate upon expiration or termination of funding from the funding source. D. Termination #or Nan-Compliance. If Family Central determines in its sole discretion that a Provider is out of compliance with one or more terms or conditions of this Service Agreement, Family Central may terminate the Service Agreement pursuant to the termination provisions set forth above. Family Central may also notify the Provider that, as a result, the Provider is not eligible to enter into a future Service Agreement with Family Central or otherwise be reimbursed for services using CTC A Scholarship funding provided by the Coalition for a period of at least one (1}year following the date of termination. Alternatively, Family Central may offer the Provider the option to enter into a Compliance Plan. If Family Central and the Provider enter into a Compliance Plan, Family Central in no way waives its right to terminate this Service Agreement #or failure of the Provider to comply with the Compliance Plan or for breach of the Service Agreement. IV. Method of Payment. A. Rates. Payment for afterschool services shall be based upon the Rate Sheet attached hereto as Attachment C which is expressly made a part hereof and incorporated by reference herein. B. Co-Payment. The required co-payment is $1.8fl per day, regardless of full or half day, for the first child in the family and $.9a per day far each additional child in the family. Family Central will deduct the co-payment from the rate before payment is made to the Provider. It shall be the responsibility of the Provider to collect the parent co-payment. Family Central is not involved in collecting the co-payment, except that Family Central will assist in collecting up to two weeks of co-payments if two weeks or less of co-payments are past due and need to be collected prior to transfer of a child to a different child care provider. -6- Afterschooi Program Scholarship Family Central, Inc. • 3111 S. Dixie Highway, Suite 222 • West Palm Beach, FL 33405 C. Fees. Families will pay the established registration fees of the Provider. Families will also pay any charges or fees asspciated with extra-curricular activities such as karate, dance class, snacks, field trips, etc. D. Monthly Invoices. The Provider will be paid by Family Central on the basis of monthly invoices that report the eligible enrollment on a daily basis. The invoices shall be submitted on the EnrollmentJAttendance Certification Sheet and Request for Approval of Payment- Extended Absence forms provided by Family Central for this purpose. The Provider shall submit monthly invoices consisting of the attendance and reimbursement request forms to Family Central not later than the fourth 4th calendar da of the month following the month in which services were provided. Monthly attendance and reimbursement forms received after that day will be included in the following month's report thus delaying the Provider's reimbursement until the next reimbursement period. The Provider forFeits afl rights to payment for any monthly attendance report submitted more than 45 days following the end of the service period. Requests for reimbursement adjustments must be submitted in writing to Family Central within 45 days following receipt of payment for that service period or within twenty (20) days after the expiration or termination of the Service Agreement whichever is sooner. Suspected fraudulent conduct by the Provider in reporting information to Family Central in connection with receiving payment hereunder may result in termination of this Service Agreement and will be reported to the appropriate law en#orcement authority ar authorities. Invoice Due Dates Au ust 4, 2011 Se tember 2, 2011 October 4, 2011 November 4, 2011 December 2 ,2011 Janua 4, 2012 E. Payments. Reimbursement payments will be mailed or released for direct deposit by Fatuity Central not later than the sixteenth (16th} calendar day of the month, following the month for which a completed and accurate invoice (including all required attendance information} is submitted to Family Central, subject to availability of funds. This is not necessarily the date providers will have access to the payment, depending nn bank regulations. Reimbursement shall be made for the eligible enrollment on a daily basis. Reimbursement Dates Au ust 16, 2011 Se tember 14, 2011 October 14, 2011 November 16, 2011 December 14, 2011 January 13, 2011 F. Gold Seal. Reimbursement at Gold Seal rates will be made only if proper documentation is submitted to Family Central. Proper documentation includes a current Gold Seal certificate from the State of Florida and a current accreditation certificate from an accrediting body recognized by the State of Florida. If the Provider ceases to qualify at any time for payment of Gold Seal rates, the Provider will be reimbursed at the non-Gold Seal rates. During the month when a Gold Seal certificate expires and the renewal certificate has not been received by Family Central, care will be reimbursed at non-Gold Seal rates, with the Gold Sea{ differential being paid the following month provided that Family Central receives the certificate within 10 days of the issuance of the renewal certificate. Gold Seal rates for renewed cerkification will be effective from the date of renewal provided Family Central receives the certificate within 10 days of the issuance of the Gold Seal renewal certificate. Otherwise, the Gald Seal rates far the renewed certi#ication will be effective when the certificate is received by Family Central Gald Seal rates for newly Gold Seal certified facilities wiEl be effective the first of the month following receipt of the Gold Seal Certificate by Family CentraE. -7~ A~terschaal Program Scholarship Family Central, tnc. • 3111 S. Dixie Highway, Suite 222 • West Palm Beach, FL 33405 G. Funding Source. Reimbursement will not be made far children receiving afterschool care through a funding source other than the source of funding under this Service Agreement. H. Termination of Service to Client. If a child ceases to be eligible for CTC-A Scholarship funding, Family Centro! will notify the Provider of the child's termination date. The Provider shall not be entitled to reimbursement beyond the termination date as indicated on the child care certificate or the date, on which the Provider is notified by telephone or in writing of a child's termination, whichever is earlier. V. Reimbursement Policies. A. Program Holidays The Provider will be paid for the following holidays. Designated Jul ~I, 2011 (Inde endence Da Se tember 5, 2011 k~abor Da ) November 24, 2011(Thanksgiving Day) December 2S, 2011_ (Christmas i` loati ng Noveri~ber 2~, 2011 December 23, 2011 December 27, 2011 Janua 16, 2012 February 20, 2012 March 21,2Q12 Any changes to floating holidays must be submitted in writing at least 45 calendar days prior to the first day of the month in which the holiday will occur. Children are' not eligible for holiday reimbursement if they are not normally scheduled to attend that day. A child must. attend at least one day during the month for a provider to be paid for any holidays. Part time rates will be paid for Memorial Day and l..abor Day. Additional floating holidays selected by the provider as described above may also be paid at the part time rate if the day before or after the additional holiday is paid at a part time rate. The Provider will also close for the following days and time periods. The Provider will not be .reimbursed for these days. NfA Providers must notify Family Central in the event they are closed any days not listed in this Service Agreement B. Reimbursement for Absences Reimbursement may be made for a total of 3 absences during a calendar month for each child. Under extenuating circumstance and with proper documentation up to an additional 7 -8- Afterschool Program Scho[~rship Family Central, Inc. • 3111 S. Dixie Highway, Suite 222 • West Palm Beach, Fi. 33435 {seven} absences within a month may be paid at the discretion of Family Central. This documentation shall be collected by the Provider and must be submitted to Family Central A child must attend at least one day during the month far a provider to be paid for any absences. Reimbursement will not be made for each day entered on the attendance log as "N'" or not reimbursable. if the day before or the day after a holiday is marked "N" (not reimbursable}, the Provider will not be reimbursed for the holiday. If the day before or the day after a series of holidays andlor floating holida s is marked N ,the provider will not be reimbursed fo ,.___ Y.. ~~ ~~ .. .. , , . r any of the holida s andlor #loatin holida s. if the Provider determines that a parent does not intend to return a child to the afterschool program, then the child must be terminated from the afterschool program, and future days are non-reimbursable. These non-reimbursable days must be coded as "T" on attendance sheets. If a child is absent for five (5} consecutive days and the parent does not contact the Provider, the Provider shall notify Family Central and Family Central shall determine whether continued afterschaol care is needed. C. Summary of EnrallmentlAttendance Codes E - Excused Absence X - Enrolled I Present (a day a child is present} A - Authorized Absence beyond 3 days (excused absence beyond three {3} days, which has been approved by Family Central) H - Reimbursable Holiday T - Terminated (day child is disenrolled) N - Enrolled, not reimbursable. D. No Reimbursement to Excess of Licensed Capacity Family Central is not responsible for Ncensing of the Provider. However, Family Central cannot, and will not, reimburse the Provider far services provided to any child in excess of the Provider's licensed capacity at any given time. Family Central reserves the right, in its sole discretion, not to enroll a child with the Provider when it appears that to do so would result in the Provider exceeding its licensed capacity at any given time, and until such time that the appropriate licensing authority confirms to Family Central that the proposed enrollment will not cause the Provider to exceed its licensed capacity. Under no circumstances will Family Central enroll children with a Provider that Family Central knows will cause the Provider to exceed its licensed capacity at any given time. Family Central further reserves the right to seek the return of any payment made to the Provider to reimburse the Provider #or services provided to a child at a time when the Provider was out of compliance with its licensed capacity. -9- Afterschool Program SchoEarship Family Central, ]nc. • 3111 S. Dixie Highway, Suite 222 • West Palm Beach, FL 33405 Vl. Rer~egotiationlModification. Modifications to this Service Agreement shall be valid only when they have been reduced to writing and duly signed. The parties agree to renegotiate this Service Agreement if federal, state andlor county revisions of any applicable laws or regula#ions make. changes in this Service Agreement necessary. VII. Name, Mailing and Street Address of Payee. The name and mailing address of the official payee to whom Family Central shall make payment: Program Contact: Program Name: Program Address Telephone Number: I,~nda Karch/ Tonga Smith Cty of ©elray'Beach 51D`NW 1st Ave Delray Beac>~,'FL 33444 561-243-7249 The name of the contact person and street address where financial and administrative records are maintained: Linda. Karch/ Program Contact: onya mr Program Name: City ofi Delray Beach Program Address: 110'! NW 2nd street Delray.Beach, ft_ 33444 Telephone Number: 5s~-243-7250 The services reimbursed under this Servlce_Agreemerst will be provsded at the following location: _,- 1101 NW :2nd stree#` Delray Beach, FL 33444 VIII. Miscellaneous. A. Term. This Service Agreement is effective as of July 1, 2011, and will automatically terminate on December 31, 2011 hereinafter referred to as the "Agreement Period" unless terminated earlier as provided herein. This Service Agreement may be renewed by Family Central, at its option, for one additional one year period. B. Assignment. Neither Party may assign its interest under this .Service Agreement except with the prior written consent of the other Party, which consent shall not be unreasonably withheld. Without limiting or restricting the generality of the foregoing, it shall not be unreasonable for a party to deny its consent where, in its opinion, acting reasonably, the proposed assignee, purchaser ar transferee lacks the capacity or resources necessary to ensure the proper conduct and completion of its obligations under this Service Agreement over the remaining portion of the Agreement Period. No assignment shall operate to release the assigning Party from its obligations hereunder unless such Party is expressly released from i#s obligations by the other Party. C. Inurement, This Service Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. Nothing contained in this Service Agreement, express or implied, is intended to confer upon any other person ar entity any benefits, rights ar remedies. D. Waiver. No waiver by any Party of one or more defaults by any other Party in the performance of any provisions of this Service Agreement shall operate or be construed as a waiver of any future default or defaults, whether of a like or a different character. -1(}- A{terschool Program Scholarship Family Central, Inc. ~ 3111 S. Dibe Highway, Suite 222 • West Palm Beach, FL 33405 E. Headings. The headings in this Service Agreement are inserted for convenience or reference only and shall not affect the meaning or construction hereof. F. Entire Agreement. This Service Agreement represents the entire understanding between the Parties relative to the matters addressed herein. There are no restrictions, promises, warranties or undertakings other than those set forth or referred to herein. G. Amendment. This Service Agreement may not be amended without the execution of a written document by all Parties hereto. H. Governing Law and Venue. This Service Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws. Venue for purposes of any action brought to enforce or construe this Service Agreement shall be in Palm Beach County, Florida. IN WITNESS THEREOF, the parties have caused this 14 page Service Agreement to be executed by their undersigned officials as duly authorized. The undersigned represents and warrants that helshe has full and complete authority to execute the agreement on behalf of City of ©elray Beach- Pompey Park PROVIDER: City of Delray Beach' (Program's Corporate Name) _. City of Delray Beach- Pompey'Park d/b/a Sigma#ure: Name: Title: Date: (please print) FAMILY CENTRAi_, INC. Signature: Name: Barbara A. Weinstein, Ed.D. Title: PresidentlChief Executive Officer Date: 1=ederal f.f7. or SS #: 59=600Q308 Af,proyetl ~~ ~,~ ~rxrrr~ and legal su# icie~~~y_ fixity P~tt~rr~~;~ n ~ f j~~f -~~- AftersChoof Program Scholarship Family Central, Inc. • 3111 S. Dixie Highway, Suite 222 • West Palm Beach, FL 33A65 f cen T Attachment A c~~~~~Y~t•~ra~~~~ GRIEVANCE AND APPEALS PROCESS OVERVIEW Customer satisfaction is very important to the staff at Family Central, Inc. (FCI). If you are dissatisfied with the service you have received or with information that has been provided to you, please ask to speak to a Supervisor, Manager or Department Director. Our goal is to resolve the complaint and problem to the best of our ability. If you believe that your rights have been violated in any way or if a FCI employee has not adhered to a written policy, protocol, procedure, administrative rule or statute, you have the right to file a grievance. You must file or report your grievance within 30 calendar days after you knew or should have known about the basis of your grievance, whichever is earlier. if you fail to file or report your grievance within this 3g days period, you waive your rights to have your grievance addressed. Should you feel the need to fife a grievance, the process will proceed as follows: • You may contact the Director via phone or in writing, or you may ask any FCI staff person (e.g.: Counselor) to help you to initiate the process. You will be asked to complete and sign a Grievance and Appeals Report Form. • The Director or designee will contact you within four (4) business days to try to discuss the issue and attempt to seek resolution. • After working with the Director or designee, if you are not satisfied with the proposed resolution, the FCI Vice President or designee will contact you and discuss the grievance within five (5) business days. • After working with the Uce President or designee, if you are not satisfied with the proposed resolution, the grievance may be referred to the appropriate funding agency or the Chief Corporate Officer or designee who will contact you and discuss the grievance within five (5) business days of receiving the grievance. • After a discussion with the Chief Corporate Officer or designee, if you are stiff not satisfied with the proposed resolution, the President/CE0 will convene a Grievance Committee to review your case within fifteen (15) business days. • The decision of the Grievance Committee will be final. If you do not agree with the final FCf resolution, if applicable, you may request that the program funding source's grievance procedure be initiated at this point. If you have any questions about this process, please do not hesitate to contact the FCf Department Director or Vice President. In the event a grievance is filed, we look forward to working with you to come to a satisfactory conclusion. Contact Name: Contact Phone #: Customer Signature (if required} -12- Family Centro€, Inc. • 3119 S. Dixie Highway, Suite 222 • West Pa€m Beach, BL 33405 Date: Customer Printed Name Afterschool Program Scholarship fa cen l Changing lives £or a lifer3me CHANGE OF DIRECTOR FORM Attachment B The information listed below is an update to the AppficationlRenewal Data Sheet submitted for the current contract year. NAME OF PROVIDER: ADDRESS: CITY, STATE & ZIP: TELEPHONE: ( ) - NEW DIRECTOR'S NAME: DATE NEW DIRECTOR HIRED: FORMER DIRECTOR: By signing.6elow, the PROVIDER indicates that the new director is authorized to inquire about and sign documents relating to payment, attendance, Service Agreement application or renewal, Service Agreement contract and Service Agreement amendment(s). OwnerlPrincipalBoard Member's Signature Date Printed Name Title Return To: FAMILY CENTRAL, INC. 3111 SOUTH DIXIE HIGHWAY, SUITE 222 ATTN: PROVIDER SERVICES WEST PALM BEACH, FL 33405-'1548 PHON~IFAx: 5fi1-514-3338 EMAIL: TLIDDIE@FAMILYCENTRAL.ORG FCI iJse Only: Date Received: Processed by: Date: -93- Afterschool Program Scholarship Family Central, lnc. + 3411 S. Dixie Highway, Suite 222 • West Aalm Beach, FL 334x5 Attachment G FIXED RATE SHEET Cif of Debra Beach- Pom a `Park Program's Name CTC A Scholarships provide funding for afterschool programs in accordance with the school year calendar. Children will be eligible to receive Part Time care during regular school days and Full Time care during summer, school closure days {which do not include weekends and non-reimbursable holidays or other days the Provider is closed) and early release days. Afterschool reimbursement shall be based upon the following fixed rate per child: FULL TIME DAILY Summer, School Closure Days; Early Release $79.$6 Days PART TIME DAILY Regular School Days $10.44 The required co-payment is $7.80 per day, regardless of full or part day, for the first child in the family and $.90 per day for each additional child in the family. Family Central shall deduct the co-payment from the rate before payment is made to the Provider. Rates Effective: July 1, 2011 Provider's Signature: Date; -14- Afi:erschool Program Scholarship Family Central, lnc. • 3114 S. Dixie Highway, Soite 222 . wesf Palm Beach, Fl_ 334tl5 fan~.ll central [.~hangi~ig lives for a lifeYiane AFTERSCHOOL PROGRAM SERVICE AGREEMENT TO ACCEPT SCHOLARSHIPS FOR SCHOOL AGE CHILDREN BETWEEN FAMILY CENTRAL, INC. AND City ofbelray Beach's Cart~ilntYnity Center. Term of this contract is July 1, ,2011 to December 31, 2011 The parties to this Service Agreement are Family Central, Inc., {"Family Central"}, and, City of De]ray Beach- Community Center_ (the "Provider"). Family Central performs administrative duties in the enrollment of children into Continue-to-Care Afterschoal Scholarship ("CTC-A Scholarship"} programs with respect to funding available through the Early Learning Coalition of Palm Beach County, Inc. (the "Coalition"). The purpose of this Service Agreement is to establish the method by which Provider will receive payment available through the CTC-A Scholarship program. The Parties acknowledge that the Provider is not a subcontractor of Family Central, Family Central has no control over the day-to-day operations of the Provider, and that the existence of this Service Agreement does not require ar guarantee referral or enrollment of children in Provider's afterschool program. The Parties agree as follows: Provider Responsihilities. The Provider shall: A. Retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Service Agreement for five (5) years after expiration or termination of this Service Agreement, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. The Provider shall comply with all records retention requirements of Sections 119.021 and 411.011, Florida Statutes, and all other requirements of law and shall retain records for the period of time required by this Service Agreement or required by law, whichever is longer. The Provider will cooperate with Family central or the Coalition to facilitate the duplication and transfer of any said records or documents upon request of Family Central or the Coalition. Provider further agrees that aN records, papers, letters ar other documents made or received in conjunction with this Service Agreement and the provision of services hereunder shall be subject to public access pursuant to the provisions of Chapter 119, Florida Statutes. The provisions of this paragraph survive termination of the Service Agreement. B. Ensure that all records pertinent to this Service Agreement, including but not limited to sign- inlsign-out and attendance records, are available at all reasonable times for inspection, review, copying or -audit by Family Central, the Coalition or personnel duly authorized: by Family Central or the Coalition. C. Permit persons duly authorized by Family Central and/or the Coalition to access, inspect andlor copy any papers, documents, facili#ies, goods or services of the Provider which are relevant to this Service Agreement and to interview any clients ar employees of the Provider -1- Aflerschool Program Scholarship Family Central, Inc.. 3117 S. Dixie Highway, Suite 222 • West Palm Beach, FL 334ti5 to ensure the satisfactory performance of the terms and conditions of this Service Agreement. Failure to allow access to duly authorized persons may result in non-payment for that day and provider termination from the CTC-A Scholarship program. ©. Not discriminate against participants in, or employees working with, any program funded through this Service Agreement because of age, race, creed, color, disability, national origin, handicap, marital status or gender, E. Comply with the Pro-Children Act of 1994, 20 U.S.C. 6083. Failure to comply with the provisions of this law may result +n imposition of a civil monetary penalty of up to $1,000 for each violation andlor the imposition of an administrative compliance order on the responsible entity. F. Not hold itself out, nor should its employees hold themselves out, as employees, agents, servants, joint venturers, partners or representatives of Family Central or the Coalition. G. Keep confidential all information concerning all children and their famikies required to be kept confidential by law and provide adequate security in its record keeping. H. Return to Family Central all sums expended for costs associated with this Service Agreement which were paid contrary to the terms of f this Service Agreement. In the event the Provider or its independent auditor discovers that an overpayment has been made, but Family Central is unaware of the overpayment, the Provider shall repay said overpayment within thirty (3D) calendar days after determining the existence of the overpayment. In the event that Family Central first discovers that an overpayment has been made, Family Central shall notify the Provider in writing. The Provider shall repay the overpayment within thirty (30) calendar days after the receipt of written notice from Family Central. Should repayment not be made in a timely manner, Family Central shall be entitled to charge interest at a lawful rete of interest on the outstanding balance beginning thirty (30) days after the date of notification or discovery. Any such interest shall be remitted by Family Central to the Coalition Notwithstanding any provision in this Service Agreement to the contrary, Family Central reserves the right to deduct from the Provider's reimbursement payment any overpayment discovered through a monitoring, audit or through any other means. If Family Central makes such a deduction from a reimbursement payment, it shall provide the Provider with notice in writing of the reason for the deduction and the amount of the deduction at the time the reimbursement payment is made. L Not make any #alse or fraudulent misrepresentation regarding a child's attendance andlor sign-inlsign-out roster. This includes, but is not limited to, deliberately claiming children for reimbursement who are not attending, falsifying EnrollmentlAttendance Certification sheets, and falsifying sign-inlsignWout sheets. Family Central wi11 report any suspected violation of this provision to the appropriate state or other authorities charged with investigating such matters, including but not limited to, law enforcement. J. Submit the final invoice #or payment to Family Central no more than twenty (20) calendar days after termination or expiration of the Service Agreement; if the Provider fails to do so, all right to payment is forfeited, and Family Central will not honor any requests for payment submitted after the aforesaid time period. Any payment due under the terms of this Service Agreement may be withheld until all evaluation and financial reports due from the Provider and necessary adjustments thereto, have been approved by Family Central. K. Comply with all federal, state and local laws and regulations as well as policies and requirements of the Coalition and Family Central including but not limited to: rules and -2- Afterschool Program Scholarship Family Central, Inc. • 3111 S. Clixie Highway, Suite 222 • West Palm Beach, Ft. 334115 regulations of the local fire and health authorities; the Palm Beach County Child Care Ordinance; applicable Workers' Compensation laws; the background screening requirements contained in Chapters 402 and 435, Florida Statutes, as amended by Chapter 201D-114, Laws of Florida; and Chapters 60BB-4, 65C-20 and 65C-22, Florida Administrative Code. The Provider represents and warrants that it has complied with all applicable background screening requirements under Florida law including those required by Chapters 402 and 435, Florida Statutes, as amended by Chapter 2010-114, Laws of Florida. Failure to comply with federal, state or local laws or regulations may result in termination and/or non-payment of child care services. L. Accept a CTC-A Scholarship funded child only after receiving authorization from Family Central. Initial authorization may be by phone. Written authorization from Family Central must be received before payments will be made. M, Maintain current documentation on each child, including authorization, enrollment, attendance, and termination records. N. Maintain a manual or electronic sign-inlsign-out system and ensure parentslguardians or other authorized persons utilize the system each day their child(ren) are in attendance. Sign- inlout sheets are only used by Family Central to verify attendance for enrollment and payment purposes. Family Central does not monitor for or verify the child's arrival to and departure from the Provider's facility for the purposes of determining safe arrival and return home or to the custody of a parent or guardian. In order for Family Central to verify attendance for payment purposes, parentslguardians or authorized persons using a manual sign-inlsign-out sheet must sign their child(ren) in at time of arrival at the site and out upon leaving the site every day by signing their full signature and time inlout (including AM and PM for those providers offering extended care). ParentslGuardians or authorized persons using an electronic sign-inlsign-out system must sign their full signature and date on a printed version of the electronic record within ten (10) calendar days after the end of each month. No individual may sign in or sign out a child other than a child's parent or guardian, or an individual for whom the Provider has obtained and maintains written authorization from the parent or guardian that such individual may sign the child in or out. ii. In no event may any officer, employee or volunteer of the Provider sign a child in or out except where it is logistically impossible for the parentlguardian to physically sign the child in or out (such as where the child rides the bus) and where the parentlguardian has expressly consented in writing to an officer, employee, or volunteer of the Provider signing the child in or out. In such cases, the parentlguardian must sign a statement at least weekly verifying their child's attendance for the preceding week for payment purposes. In addition, the Provider must comply with all licensing requirements relating to sign-inlsign-out sheets for licensing purposes which may differ from the requirements in this Service Agreement for sign-in/sign out sheets to verify attendance fqr payment. iii. Sign-inlsign-out sheets must remain on-site at the Provider's location for the current and previous three months and shall be immediately available for inspection anchor pick-up by individuals authorized by Family Central. In the event that the Provider is unable to produce sign-inlsign-out sheets on-site in accordance with this paragraph, reimbursement shall not be made for any days for which a completed sign-inlsign-out sheet is not immediately available on-site at the -3- Afterschool Program Scholarship Family Central, ]nc. • 3t 11 S. Dixie Highway, Suite 222 • West Paim Beach, FL 384D5 Provider's location. Sign-inlsign-out sheets must be kept for a minimum of six years or the retention period in Section I.A. above, whichever is longer, and must be available for inspection by Family Central, the Coalition and/or other subsidized child care funding sources. In the event of a discrepancy between asign-inlsign- out sheet and an EnrollmentlAttendance Certification, the sign-inlsign-out sheet shall control Exceptions must be preapproved in writing by Family Central. O. As applicable, maintain hours of operation in accordance with and not exceeding the scope of the Provider's child care license. P. Notify 1=amity Central in writing a minimum of 14 calendar days in advance of any permanent or temporary changes to its location shown on page 10. The location must meet all applicable licensing requirements. Q. Report any temporary closures to Family Central in advance if the temporary closure is planned, or by the close of business on the day of the closure if the temporary closure is not planned In advance. If the closure is extended the Provider must notify Family Central with in 2 days of reopening the facility as to your status and availability. R. Be liable for and indemnify, defend and hold harmless Family Central and the Coalition and all of their respective officers, agents, and employees from all claims, suits, judgments or damages, including attorneys' fees and costs arising out of any act, actions, neglect or omissions by the Provider, its agents or employees during the performance ar operation of this Service Agreement or any subsequent modification of this Service Agreement, whether direct or indirect, and whether to any person or tangible or intangible property. The Provider's inability to evaluate its liability shall not excuse the Provider's duty to defend and indemnify within seven (7) calendar days after notice by Family Central or the Coalition by certified mail. After the highest appeal is exhausted, only an adjudication or judgment specifically finding the Provider not liable shall excuse performance of this provision. The Provider shall pay ail costs and fees including attorneys' fees relating to these ab[igations and their enforcement by Family Central or the Coalition. Family Central's or the Coalition's failure to notify the Provider of a claim shall not relieve the Provider of these duties. The Provider shall not be phis rova.si.on shall not be liable fort~ie syle r)e~~l'i~,gent ~ct~ o eawil~lc~8~rrovidehetnay lpossess and .,is limited by pro- canstrued_ as a waiver o an ri or e ,, e,,,#s „_ S. Maintain any liability andlor accident ihsurance of such a type and with such terms and limit a.sions as may be reasonably associated with the services to be provided under this Servic~eC' Agreement. In all cases, the Provider must maintain insurance as required by law, includin 6~' but not limited to, any insurance required by child care licensing regulations. With respect to Fla. the insurance maintained by Provider covering its business: (a) Family Central and the star. Coalition shall be named as additional insureds (with the exception of workers' compensation insurance}, (b} the Provider shall furnish Family Central with written verification supporting the existence of such insurance coverage, and (c) the Provider shall notify Family Central in writing at least thirty (30) days in advance of any anticipated material change in coverage or cancellation. The Provider must comply with the insurance requirements of this paragraph before reimbursement payments will be made. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. This provision does not apply to the extent the Provider is self-insured, including but not limited to, a state agency or subdivision that is self-insured pursuant to Section 768.28(16}, Florida Statutes, T. Submit to monitoring by Family Central to ensure compliance with this Service Agreement. Monitorings may occur randomly throughout the year and are unannounced. If deficiencies are noted, they shall be corrected by the Provider in accordance with a written corrective action plan that includes time lines for correcting deficiencies. Recurring lack of availability for -4- Afterschoai Program Scholarship Family Central, Inc. • 3111 5. pixie Highway, Swite 222 + West Palm Beach, FL 33405 monitoring, failure to comply with a corrective action plan, or failure to correct any deficiencies shall constitute a violation of this Service Agreement, and is grounds for termination of this Service Agreement. U. Immediately report any known or suspected child abuse or neglect to the Florida Department of Children and Families through the Child Abuse Registry (1-800-96-ABUSE}. V. Attempt to settle any dispute relating to this Service Agreement or the services provided hereunder through the Family Central Grievance process as described in Attachment A - Grievance and Appeals Process which is expressly made a part of this Service Agreement and is incorporated by reference herein. In the event the provider fails to first go through the Family Central Grievance process, the Provider shall pay all of Family Centra!'s costs and fees including attorneys' fees relating to any action the provider may take. In accordance with Attachment A, any grievance must be filed within 30 calendar days after the individual who submitted the grievance knew or should have known of the basis for the grievance or the grievance process is waived. W. Be an active participant in Prime Time's QIS (Quality Improvement System}. Notwithstanding the foregoing, children who were receiving CTC-A Scholarship funding on the effective date of this Service Agreement will remain eligible for CTC-A Scholarship funding, but no new CTC A slots will be filled unless the Provider participates in Prime Time's QIS. X. Remain active in Prime Time's QIS. Active Participation in Prime Time"s QIS is defined by: completion of annual external assessments; quarterly progress checks documented by a Prime Time Quality Advisor; full participation in Parts l and II of self-assessment and completion of a Program Improvement Plan within 90 days of external assessments. The Provider shall not be eligible for CTC-A Scholarship funds if it fails to comply with this paragraph. Y. Notify Family Central in advance if a change is known to be occurring in the Provider's Director, and in no event later than 14 calendar days after of a change in Director. This notice must be provided using Attachment B -Change of Director form. Failure to notify Family Central within the time frame of this change may result in corrective action Family Central Responsibilities. Family Central shall: A, Conduct monitoring of the Provider's compliance with this Service Agreement. B, Notify the Provider of children whose parents choose the Provider for an afterschool program funded by CTC-A Scholarships as appropriate, in accordance with Family Central"s contract with the Coalition. C. Process payment to the Provider for afterschaol services provided by the Provider under the CTC-A Scholarship program, subject to the availability of funds. The payment obligations under this Service Agreement are contingent upon funding by the Coalition and other funding sources, as applicable. D. Forward the names of any child care .provider suspected of committing fraud to law enforcement for further investigation as appropriate in the discretion of Family Central. _~_ Afterschoo4 Pragr~m Scholarship Fam€€y Central, Inc. • 3141 5. Dixie Highway, Suite 222 • West Palm Beach, FL 33405 Ill. Termination. A. Termination With Notice. This Service Agreement may be terminated by Family Central °~ and/or with or without cause upon no less than 24 hours notice if funds to finance- this Service the Agreement became unavailable. This Service Agreement may be terminated by FamilyProvider . Central with or without cause upon no less than 4 ays notice for any reason including, but not limited to, breach of the Service Agreement ~er~ideF. 30 B. Termination Without Notice. This Service Agreement ay be terminated by Family Central without prior notice if: The Provider fraudulently reparks false information to Family Central regarding the attendance of children at the afterschool program. 2. Any child care license required in order for the Provider to provide child care is suspended, revoked or not renewed by the licensing authority. 3. The Provider is not subject to licensure by a licensing authority and Family Central is directed by the Coalition to terminate this Agreement due to a concern for the health andlor safety of the child(ren) in the Provider's care. C. Automatic Termination. This Service Agreement shall immediately terminate upon the expiration or termination of Family Central's contract with the Coalition. Family Central's obligations with respect to any CTC A Scholarship slots funded by sources other than the Coalition shall terminate upon expiration or termination of funding from the funding source. D. Termination for Non-Gompliance. If Family Central determines in its sole discretion that a Provider is out of compliance with one or more terms or conditions of this Service Agreement, Family Central may terminate the Service Agreement pursuant to the termination provisions set forth above. Family Central may also notify the Provider that, as a result, the Provider is not eligible to enter into a future Service Agreement with Family Central or otherwise be reimbursed for services using CTC-A Scholarship funding provided by the Coalition for a period of at least one (1) year following the date of termination. Alternatively, Family Central may offer the Provider the option to enter into a Compliance Plan. If Family Central and the Provider enter into a Compliance Plan, Family Central in no way waives its right to terminate this Service Agreement for failure of the Provider to comply with the Gompliance Plan or for breach of the Service Agreement. N. Method of Pa ment. A. Rates. Payment for afterschool services shall be based upon the Rate Sheet attached herete as Attachment C which is expressly made a part hereof and incorporated by reference herein. B. Ca-Payment. The required co-payment is $1.80 per day, regardless of full or half day, for the first child in the family and $.90 per day for each additional child in the family. Family Central will deduct the co-payment from the rate before payment is made to the Provider. It shall be the responsibility of the Provider to collect the parent co-payment. Family Central is not involved in collecting the co-payment, except that Family Central will assist in collecting up to two weeks of co-payments if two weeks or less of co-payments are past due and need to be collected prior to transfer of a child to a different child care provider. -6- Afterschool Program Scholarship Family Central, Ine. • 3111 S. Bixie Highway, Suite 222 • West Palm Beach, FL 334D5 C. Fees. Families will pay the established registration fees of the Provider. Families will also pay any charges or fees associated with extra-curricular activities such as karate, dance class, snacks, field trips, etc. D. Monthly Invoices. The Provider will be paid by Family Central on the basis of monthly invoices that report the eligible enrollment on a daily basis. The invoices shall be submitted an the EnrollmentlAttendance Certification Sheet and Request for Approval of Payment- Extended Absence forms provided by Family Central for this purpose. The Provider shall submit monthly invoices consisting of the attendance and reimbursement request forms to Family Central not later than the fourth ~4~') calendar day of the month following the month in which services were provided. Monthly attendance and reimbursement forms received after that day will be included in the following month's report thus delaying the Provider's reimbursement until the next reimbursement period, The Provider forfeits ail rights to payment for any monthly attendance report submitted more than 45 days following the end of the service period. Requests for reimbursement adjustments must be submitted in writing to Family Central within 45 days following receipt of payment for that service period or within twenty {20) days after the expiration or termination of the Service Agreement whichever is sooner. Suspected fraudulent conduct by the Provider in reporting information to Family Central in connection with receiving payment hereunder may result in termination of this Service Agreement and will be reported to the appropriate law enforcement authority or authorities. Invoice Due Dates Au ust 4, 2011 Se tember 2, 2011 October 4, 2011 November 4, 2011 December 2 ,21111 Janua 4, 2012 E. Payments. Reimbursement payments will be mailed or released for direct deposit by Family Central not later than the sixteenth (16th) calendar day of the month, following the month for which a completed and accurate invoice {including all required attendance information) is submitted to Family Central, subject fio availability of funds. This is not necessarily the date providers will have access to the payment, depending on bank regulations. Reimbursement shall be made for the eligible enrollment on a daily basis. Reimbursement Dates Au ust 16, 2011 Se tember 14, 2011 October 14, 2011 November 1fi, 2011 December 14, 2011 January 13, 2011 F. Gold Seal. Reimbursement at Gold Seal rates will be made only if proper documentation is submitted to Family Central. Proper documentation includes a current Gold Seal certificate from the State of Florida and a current accreditation certificate from an accrediting body recognized by the State of Florida. If the Provider ceases to qualify at any time for payment of Gald Sea! rates, the Provider will be reimbursed at the non-Gold Seal rates. During the month when a Gold Seal certificate expires and the renewal certificate has not been received by Family Central, care will be reimbursed at non-Gold Seal rates, with the Gold Seal differential being paid the following month provided that Family Central receives the certificate within 10 days of the issuance of the renewal certificate. Gold Seal rates for renewed certification will be effective from the date of renewal provided Family Central receives the certificate within 10 days of the issuance of the Gold Seal renewal certificate. Otherwise, the Gold Seal rates for the renewed certification will be effective when the certificate is received by Family Central. Gold Seal rates for newly Gold Seal certified facilities will be effective the first of the month following receipt of the Gald Seal Certificate by Family Central. -7- Afterschool Program Scholarship Family Central, Inc. • 3711 S. Dixie Highway, Suite 222 • West Palm Beach, FL 33405 G. Funding Source. Reimbursement will not be made for children receiving afterschool care through a funding source other than the source of funding under this Service Agreement. H. Termination of Service to Client. If a child ceases to be eligible for CTC-A Scholarship funding, Family Central will notify the Provider of the child's termination date. The Provider shall not be entitled to reimbursement beyond the termination date as indicated on the child care certificate ar the date, on which the Provider is notifed by telephone or in writing of a child's termination, whichever is earlier. V. Reimbursement Policies. A. Program Holidays The Provider will be paid far the following holidays. Designated Jul 4, 2011 Independence Da) Se tember 5, 2011 (Labor Da ) Nov a , em er 4 an sglvin~D .,Y.~... „December 26, 2011 (Christmas} ...,,...,._..._____- _.. Floating Ncavec~rber 2, 2Q11 Cecerriber 23, 2€11 ®ecerriber 27, 20f "I Januar 10, 2012 Fel~riaar 0, 2t~12 liarc 26, 20`12 Any changes to floating holidays must be submitted in writing at least 45 calendar days prior to the first day of the month in which the holiday will occur. Ghiidren are not eligible for holiday reimbursement if they are not normally scheduled to attend that day. A child must attend at least one day during the month for a provider to be paid far any holidays. Park #ime rates will be paid far Memorial Day and Labor Day. Additional floating holidays selected by the provider as described above may also be paid at the part time rate if the day before or after the additional holiday is paid at a part time rate. The Provider will also close for the following days and time periods. The Provider will not be reimbursed for these days. Nl~ Providers must notify Family Central in the event they are closed any days not listed in this Service Agreement B. Reimbursement for Absences Reimbursement may be made far a total of 3 absences during a calendar month for each child. Under extenuating circumstance and with proper documentation up to an additional 7 -8- Afterschool Program Scholarship Family Central, Inc. • 3191 S. Dixie Highway, Suite 222 • West Palm Beach, FL 33A05 (seven} absences within a month may be paid at the discretion of Family Central. This documentation shall be collected by the Provider and must be submifted to 1=amity Central. A child must attend at least one day during the month for a provider to be paid for any absences. Reimbursement will not be made for each day entered on the attendance log as "'N" or not reimbursable. If the day before or the day after a holiday is marked "N" (not reimbursable), the Provider will not be reimbursed for the holiday. If the day before or the day after a series of holidays andlor floating holidays is marked "N", the provider will not be reimbursed for,,any of the holidays andlor floating holldays. If the Provider determines that a parent does not intend to return a child to the afterschool program, then the child must be terminated from the afterschool program, and future days are non-reimbursable. These non-reimbursable days must be coded as "T" on attendance sheets. If a child is absent for five (5) consecutive days and the parent does not contact the Provider, the Provider shaft notify Family Central and Family Central shall determine whether continued afterschool care is needed. C. Summary of EnrollmentlAttendance Codes E - Excused Absence X - Enrolled 1 Present (a day a child is present) A - Authorized Absence beyond 3 days (excused absence beyond three (3) days, which has been approved by Family Central) H ~ Reimbursable Holiday T - Terminated (day child is disenrolled) N - Enrolled, not reimbursable. D. No Reimbursement In Excess of Licensed Capacity Family Central is not responsible for licensing of the Provider. However, Family Central cannot, and will not, reimburse the Provider far services provided to any child in excess of the Provider's licensed capacity at any given time. Family Central reserves the right, in its sole discretion, not to enroll a child with the Provider when it appears that to do so would result in the Provider exceeding its licensed capacity at any given time, and until such time that the appropriate licensing authority confirms to Family Central that the proposed enrollment will not cause the Provider to exceed its licensed capacity. Under no circumstances will Family Central enroll children with a Provider that Family Central knows will cause the Provider to exceed its licensed capacity at any given time. Family Central further reserves the right to seek the return of any payment made to the Provider to reimburse the Provider for services provided to a child at a time when the Provider was out of compliance with its licensed capacity. gy Afterschool I~rogram Scholarship Family Centra3, Inc. + 3111 S. iJixie Highway, Suite 222 • West Palm Beach, F4 33405 V#. RenegotiationlModification. Modifications to this Service Agreement shall be valid only when they have been reduced to writing and duly signed. The porkies agree to renegotiate this Service Agreement if federal, state andlar county revisions of any applicable laws or regulations make changes in this Service Agreement necessary. VIL Name, Mailing and Street Address of Payee. The name and mailing address of the offcial ogee to whom Pamily Central shall make payment: Linda Karch/ Program Contact: Tonga Smith Program Name: City of Delray Qeach Program Address: SO `NW 1st Ave Delia Beach EL 3344A Telephone Number: 561=2437249 The name of the contact person and street address where financial and administrative records are maintained: ~ ,~ .~ Program Contact: Program Name: Program Address Telephone Number: Linda Karch/ ' ~~ ~ o~~m itfi City of Delray-Beach 50 NW 1st Aue Delra~Beach,'FL 33444 56'! -243-7249 The services reimbursed under this Service Agreement will be provided at the following location: 50 NW 1st Aye Delray Beach, FL 33.44.4 VIIh Miscellaneous. A. Term, This Service Agreement is effective as of July 1, 2411, and will automatically terminate on December 31, , 2011 hereinafter referred to as the "Agreement Period" unless terminated earlier as provided herein. This Service Agreement may be renewed by Family Central, at its option, for one additional one year period. B. Assignment. Neither Party may assign its interest under this Service Agreement except with the prior written consent of the other Party, which consent shall not be unreasonably withheld. Without limiting or restricting the generality of the foregoing, it shall not be unreasonable for a party to deny its consent where, in its opinion, acting reasonably, the proposed assignee, purchaser or transferee lacks the capacity or resources necessary to ensure the proper conduct and completion of its obligations under this Service Agreement over the remaining portion of the Agreement Period. No assignment shall operate to release the assigning Party from its obligations hereunder unless such Party is expressly released from its obligations by the other Party. C. Inurement. This Service Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. Nothing contained in this Service Agreement, express or implied, is intended to confer upon any other person or entity any benefits, rights or remedies. D, Waiver. No waiver by any Party of one ar more defaults by any other Party in the performance of any provisions of this Service Agreement shall operate or be construed as a waiver of any future default or defaults, whether of a like ar a different character. -10- Afterschoal Program Scholarship Family Central, Inc. • 3111 5. Dixie Highway, Suite 222 • West Palm Beach, FL 33405 E. Headings. The headings in this Service Agreement are inserted for convenience or reference only and shall not affect the meaning or construction hereof. F. Entire Agreement. This Service Agreement represents the entire understanding between the Parties relative to the matters addressed herein. There are no restrictions, promises, warranties or undertakings other than those set forth or referred to herein. G. Amendment. This Service Agreement may not be amended without the execution of a written document by ail Parties hereto. H. Governing Law and Venue. This Service Agreement shah be governed by and construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws. Venue for purposes of any action brought to enforce or construe this Service Agreement shall be in Palm Beach County, Florida. IN WITNESS THEREOF, the parties have caused this 94 page Service Agreement to be executed by their undersigned officials as duly authorized. The undersigned represents and warrants that he/she has full and complete authors#y to execute the agreement on behalf of City of Deir~r:Beach.- Community Center PROVIDER: Cit a# De{ra -Beach (Program's Corporate Name) City pf Delray:Beach- Gammunity Center dlbla Signature: Name: Title: Date: (please print) Signature: Name: Title: Date: FAMILY CENTRAL, INC. Federal l.D. or SS #: 59-6OQ03d8 -11- Barbara A. Weinstein. Ed.D. PresidentlChief Executive Officer Afterschool Program Scholarship Family Central, Inc.. 3717 S. Dixie Highway, Suite 222 - Wast Palm Beach, FL 33405 fa Attachment A can l Changingl;~cefc~ralifelime GRIEVANCE AND APPEALS PROCESS OVERVIEW Customer satisfaction is very important to the staff at Family Central, Inc. (FCI). If you are dissatisfied with the service you have received or with information that has been provided to you, please ask to speak to a Supervisor, Manager or Department Director. Our goal is to resolve the complaint and problem to the best of our ability. If you believe that your rights have been violated in any way ar if a FCI employee has not adhered to a written policy, protocol, procedure, administrative rule ar statute, you have the right to file a grievance. You must file or report your grievance within 3fl calendar days after you knew or should have known about the basis of your grievance, whichever is earlier. If you fail to file or report your grievance within this 3D days period, you waive your rights to have your grievance addressed. Should you feel the need to file a grievance, the process will proceed as follows: Yau may contact the Director via phone or in writing, or you may ask any FCI staff person (e.g.: Counselor) to help you to initiate the process. You will be asked to complete and sign a Grievance and Appeals Report Form. • The Director ar designee will contact you within four (4) business days to try to discuss the issue and attempt to seek resolution. • After working with the Director or designee, if you are not satisfied with the proposed resolution, the FCI Vice President or designee will contact you and discuss the grievance within five {5) business days. • After working with the Vice President or designee, if you are not satisfied with the proposed resolution, the grievance may be referred to the appropriate funding agency or the Chief Corporate Officer or designee who will contact you and discuss the grievance within five (5} business days of receiving the grievance. • After a discussion with the Chief Corporate Officer or designee, if you are stiA not satisfied with the proposed resolution, the PresidentlCEO will convene a Grievance Committee to review your case within fifteen (15) business days. • The decision of the Grievance Committee will be final. If you da not agree with the final FCI resolution, if applicable, you may request that the program funding source's grievance procedure be initiated at this point. If you have any questions about this process, please do not hesitate to contact the FCI Department Director or Vice President. In the event a grievance is filed, we look forward to working with you to come to a satisfactory conclusion. Contact Name: Contact Phone #: Date: Customer Signature (if required) Customer Printed Name ~~ ~ ~~~_ -12- Afierschool Program SchoEarship Family Central, Inc. • 3311 S. ©ixie Highway, Suite 222 ~ Wesk Palm Beach, FL 33405 ~~ ~ Attachment B cen l Changing lives for a lifetime CHANGE OF DIRECTOR FORM The informs#ion listed below is an update to the Application/Renewal Data Sheet submitted for the current contract year. NAME OF PROVIDER: ADDRESS: CITY, STATE & ZIP: TELEPHONE: ( } - NEW DIRECTOR'S NAME: DATE NEW DIRECTOR HIRED: FORMER DIRECTOR: By signing below, the PROVIDER indicates #hat the new director is authorized to inquire about and sign documents relating to payment, attendance, Service Agreement application or renewal, Service Agreement contract and Service Agreement amendment(s}. OwnerlPrincipallBoard Member's Signature Date Printed Name Title Return TO: FAMILY CENTRAL, 1NC. 3111 SOUTH DIXIE HIGHWAY, SUITE 222 ATTN: PROVIDER SERVICES WEST PALM BEACH, FL 33405-1548 PHONE1FAx: 561-514-3338 EMAIL: TLIDDIE~FAMILYCENTRAL.ORG I=CI Use Only: Date Received: Processed by: Date: -13- Afterschool Program Scholarship Family Central, InG. ~ 3911 S. Dixie Highway, Suite 222 ~ West Palm Beach, FL 33465 Attachment C FIXED RATE SHEET City ot'Delrav Beach- Co~nmunity'Center Program's Name CTC-A Scholarships provide funding for afterschool programs in accordance with the school year calendar. Children will be eligible to receive Part Time care during regular school days and Full Time care during summer, school closure days (which do not include weekends and non-reimbursable holidays or ether days the Provider is closed} and early release days. Afterschool reimbursement shall be based upon the following fixed rate per child: FULL TIME DAILY Summer, School Closure Days; Early Release $19.86 Days PART TIME DAILY Regular School Days $10.44 The required co-payment is $1.80 per day, regardless of full ar part day, for the first child in the family and $.94 per day for each additional child in the family. Fatuity Central shall deduct the co-payment from the rate before payment is made to the Provider. Rates Effective: July 1, 2011 Provider's Signature: Date: -14- AfterSChoof Program Scholarship Family Central, loc. • 3131 S. Dixie Highway, Suite 222 • West Palm Beach, FL 33405 MEMORANDUM TO: Mayor and City Commissioners FROM: Steven M. Anderson, Division Chief Danielle Connor, Acting Fire-Rescue Chief THROUGH: David T.Harden, City Manager DATE: May 31, 2011 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 RENEWAL OF AGREEMENT/PALM BEACH STATE COLLEGE ITEM BEFORE COMMISSION This item is before Commission to approve renewing an agreement with Palm Beach State College. BACKGROUND The Delray Beach Fire-Rescue Department maintains a professional relationship with surrounding instructional institutions that offer EMT and Paramedic courses. Palm Beach State College (PBSC) is one such entity. Over the course of the past several years, DBFR has provided an opportunity for PBSC students to gain experience through clinical rotations that involve access to fire-rescue. PBSC requests a continuance of the mutual agreement between both organizations (DBFR and PBSC). RECOMMENDATION Staff recommends approval to renew contract between Delray Beach Fire-Rescue and Palm Beach State College. AGREEMENT THIS AGREEMENT made and entered into this day of , 2011, by and between PALM BEACH STATE COLLEGE, 4200 Congress Avenue, Lake Worth, FIorida 33461, a political subdivision of the State of Florida, hereinafter referred to as "COLLEGE" and CITY OF DELRAY BEACH, SO1 West Atlantic Avenue, Delray Beach, FL 33444, hereinafter referred to as "DEPARTMENT". WITNESSETH: WHEREAS, the parties hereto desire to enter into a contractual arrangement providing far the education and training of students in the Paramedic and EMT programs. WHEREAS, Palm Beach State College has undertaken to educate and train students in the Paramedic and EMT programs, which shall be under the auspice of Health Sciences. NOW, THEREFORE, it is agreed between the parties hereto as follows: The control of the program shall reside in the President of the Palm Beach State College with the assistance of the EMS Program Supervisor under the auspice of Health Sciences. There shall be established a Business Partnership Council who will counsel the said President and Supervisor responsible for the program.. COLLEGE agrees ~©: I. Accept eligible students in the program as regular enrollees of the Palm Beach State College, subject to the rules and regulations of the COLLEGE. 2. Select a qualified faculty. 3. Provide a College approved course of study. 4. Consult with the designated staff of DEPARTMENT in selecting clinical experiences for the students of the program. A list of students and their dates of attendance will be provided to DEPARTMENT by the COLLEGE. 5. Provide supervision for students participating in clinical experiences at DEPARTMENT. 6. Adhere to the Policy and Procedures established by DEPARTMENT to include the Exposure Control Plan for Bloodbarne Pathogens and all related OSHA and Infection Control Policies. 7. Cooperate with DEPARTMENT staff in all matters pertaining to these programs. DEPARTMENT agrees to; 1. Provide necessary facilities for clinical experiences for proper Paramedic and/or EMT instruction. 2. Cooperate in the assignment of students in DEPARTMENT, such assignments to be made under the supervision of the COLLEGE faculty. 3. Provide liaison between the DEPARTMENT administrator and the EMS Program Supervisor under the auspice of Health Sciences. 4. Cooperate with the COLLEGE staff in all matters pertaining to these programs. 5. Provide suitable area at DEPARTMENT for conferences and group training programs for the students. 6. Cooperate in obtaining guest lecturers from the staff of DEPARTMENT on request of the EMS Program Supervisor under the auspice of Health Sciences as schedule permits. 7. Not begin any training programs in the Paramedic and EMT f gilds, conducted by the COLLEGE while this Agreement is in effect, without the prior notification of COLLEGE. BOTH PARTIES agree: 1. To require that each Paramedic/EMT student at his/her own expense provide the following: a. Uniforms b. Meals c. Laundry Service d. Transportation e. Physical examination and immunizations. f. Hospital and medical care. g. School Accident insurance or evidence of such insurance protection. h. Professional Liability insurance coverage of not loss than $2,000,000 per occurrence and $5,000,000 aggregate. Proof of insurance will be provided to DEPARTMENT upon request of the COLLEGE. 2. This Agreement shall continue far three (3} years from the date hereof unless sooner terminated and may be renewed at the end of three (3) years by the mutual consent of the parties. in the event that either party desires to terminate the arrangement prior to the end of the three (3} year period, notice shall be given by the party desiring to terminate to the other party in writing, but such termination shall not be effective until such time a~ all then enrolled students have had an opportunity to complete their prescribed program, although new enrollees shall not be accepted after receipt of notice of termination. 2 3. To affirm they do not discriminate based on race, religion, national origin, gender, age, handicap or sexual orientation. 4. No student shall, in connection with this Agreement or performance of services hereunder, have a right to or claim for any wages, salary, or any other form of compensation, unemployment compensation, civil service or other employee rights, privileges and/or benefits granted by operation of law or otherwise. No student shall be deemed an employee of DEPARTMENT for any purpose during the performance of services hereunder. 5. Neither party to this Agreement nor their respective officers, agents, representatives or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of the other. 6. Each party shall be liable far its awn actions and negligence and, to the extent permitted by law, COLLEGE shall indemnify and save harmless and defend DEPARTMENT, against any actions, claims or damages arising out of COLLEGE's negligence in connection with this Agreement, and DEPARTMENT shall indemnify, defend and hold harmless COLLEGE against any actions, claims, or damages arising out DEPARTMENT's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 7&8.28, Florida Statutes, nor shall the same be construed to constitute agreement by either party to indemnify the other party far such other party's negligent, wi11fu1 or intentional acts ar omissions. 7. This Agreement and any dispute, disagreement, or issue of construction, declaration or interpretation arising hereunder whether relating to its execution, its validity, the obligations provided herein, performance or breach shall be governed and interpreted according to laws of the State of Florida. Any and all action necessary to enforce the Agreement will be held in Palrn Beach County. 8. DEPARTMENT and the COLLEGE agree that this Agreement sets forth the entire agreement between the parties and that there are no promises ar understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modifed, superseded ar otherwise altered, except by written instrument executed by the parties. 9. Failure a£ DEPARTMENT to enforce or exercise any right(s) under this Agreement shall not be deemed a waiver of DEPARTMENT'S right to enforce or exercise and right(s) at any time thereafter. 10. This Agreement sha11 not be construed mare strongly against either party regardless of who was more responsible for its preparation. 11. In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in fu11 force and effect. 12. Neither party may assign ar transfer this Agreement without first obtaining the written consent of the other party. [SIGNATURES APPEAR DN THE FOLLOWING PAGE] 4 IN WITNESS WHEREOF, the parties unto this Agreement have set their hands and seals on the day and date first written above. ATTEST: PALM BEACH STATE COLLEGE sy: Print Name: Title: Date: ATTEST: City Clerk Approved as to Form and Legal Sufficiency: City Attorney CITY OF DELRAY BEACH, FLORIDA sy: 5 Nelson S. McDuffie, Mayor MEMORANDUM TO: Mayor and City Commissioners FROM: Karen Schell, Pension Administrator David Boyd, Finance Director THROUGH: David T. Harden, City Manager DATE: June 1, 2011 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 GENERAL EMPLOYEES INVESTMENT POLICY GUIDELINES ITEM BEFORE COMMISSION This item is before Commission to approve changes to the General Employees Investment Policy Guidelines. BACKGROUND The General Employees Pension Board approved changes to the Investment Policy Guidelines to allow further investments with International Investments and Emerging Markets. The following are changes that took place: Page 3 under Equities, "appropriate foreign exchange" has been added due to the new International Manager coming on board. Page 6, the Target Asset Mix Table has been updated to illustrate International Equity with a target of 5%, minimum 0% and maximum of 25%. (2.5% for both EAFE and Emerging Markets) The corresponding change on page 10, specifically listing the benchmark for those two, Developed Markets is the MSCI EAFE and the Emerging Markets is the MSCI Emerging Markets. RECOMMENDATION Recommend approval of changes to the General Employees Investment Policy Guidelines. Czty o£ Aekay Beach General Errxployees Retirement Plan Pension Fund Investment Policy April, 2017 Narr~e o£ Plan.: Delray Beach General lzxaplayees Retixement 1'1an Plan Sparzsar: City of Delray Beach., Flozida Plan Board a£Trustees: David Boyd Vincent Dole ~im Srx~ith Stephen Swanl~ Milena Walinski Pension Administrator: Retirement Corn~riittee Custodian: Salean Ta.-ust Money Managers: Loomis Bayles & Ca. The Boston Co. State Street Global Advisors Rhumbline Advisors Investment Performance Monitor: Thistle Asset Consulting. Legal CounseL• Brian Shutt, City Attorney Actuary: Gabriel, Roeder, Smith & Co. Accountant: Cater, Donten, Levine, D1.uker, Darter & Veil P.A. scoP~ This investrcxent policy shall apply to all. funds under the control of the Retirement Committee of the City of Delray Beach General Employees' Retirement Pian (hereinafter also xeferred to as the co~ntn.ittee ar pension board). PURPOSE The purpose of this policy is to communicate to the investment manager a clear understanding of the committee's investment policies and objectives. This policy will. outlisae an overall philosophy that is specific enough for the manager to kzzow the coxxaxx~ittee's expectations, but suf£iciex~tly flexible to allow fox changing econaznic conditions and securities markets. The policy will provide realistic xislc policies to guide the Managex toward long-tern rate of return objectives, which will serve as standards for evaluating investment performance. The policy also will establish the ~3elray Beach Generral Erxa~Playees Retixemexzt Flan tn€vestxnent Polrcy Page 2 investtxient restrictions to be placed upon the Manager, and will outlizae procedures for policy and perfarrraance review. INVESTMENT, C,?B~ECTIVES The objectives of the Fund should be pursued as a long-terixi goal designed to optiixzize the returns without exposure to undue risk, as defined herein. Whereas it is understood that fluctuating rates of return are characteristic of the securities markets, the Manager`s greatest concern should be long- term appreciation of the assets and consistency {i.e., low standard deviation) of total portfolio returns. PERFORMANCE MEASUREMENT The Baaxd has specified perfgxixiance measures as are appropriate far the nature and size of the assets within the Board's custody. These perforrxxarace xeasures are set Earth in the Internal Controls section of the Investment Policy. Investment pexfoxnaance will be reviewed periodically to deteriaaiiae the continued feasibility of achieving the investent abject€ves and the apprapr_iateness of the investment policy fqx achieving those objectives. All transactions effected for the Plan will be "subject to the best price and. executiozi." If a ruanagex utilizes brokerages from the plan assets to effect soft dollar transactions, detailed records will. be kept and corrrtnunicated to the board. It is not expected that the investment policy will change frequently. In particular, short term changes in the fazaancial markets should not requite adjustments to the investri~ent policy. INVESTMENT AND FIDUCIARY STANDARDS The board in perfon~vng its investment dotter shall comply with the fiduciary standards set forth in the Employee Retirement Incaixie Security Act of 1974, 29 USC ~ 1104(a)(1)(A}-{C). This ixaeans that board inerxzbers ixiust discharge theirs duties with respect to the plan solely :tzi the interest of the participants and beneficiaries and fax the exclusive purpose of: (i) providing benefits to participants and their beneficiaries; and (ii) defraying reasonable expenses of adzx3iriistering the plaza; with the care, spilt, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and faixzi.liax with such matters would use in the conduct of an enterprise of a like character aiad with like auras; by diversifying the investments of the plan so as to rxzi.n;ixxa.ize the risk of large lasses, unless under the circumstances it is clearly prudent not to do so. In the event of conflict with other provisions of law authorizing investxents, the investixaent and fiduciary standards set forth iri this section shall prevail. I)ekay beach Getietal Employees Ret~tezxaexxt Plan Irzvestxne~t Policy Page 3 AUTHORIZED INVESTMENTS The invesrs~nent policies and xestrictions presented in this policy serve as a frarxzework to help the Manager achieve the uzves~x~ent objectives at a level of risk deemed acceptable. These policies and. restrictions ate designed to mir~i.tnize ixatexfexing with the Manages s efforts to attain avexall objectives, and to tx~iz>irnize excluding hizri fiatx~ appxopriate iravestxx~ent oppoxtunities. The policy allows the Managex substantial discretion in the asset allocation. and divexsication of the assets for the purposes of incxeasit~g investment returns and/or reducing risk e~cpasuxe. Tlae Manager has boord responsibility to shift the caxnxnitxnent of assets among asset classes, industry sectors and individual securities to pursue oppoxtunities presented by long-terzxx secular changes within the capital maxkets. In accordance with the I'ratecting Flozida's Investtx~ent Act (F'la. Stat. 215.473), the Board is pxohibited fzoxra. dizectly ixzvesting in any caa~npanies, identi£ted by the State Board of Administration (SBA) on its website each quarter, as a scrutied company. Tl~e i.nvestxx~ent Consultant and each. investment manager shall review its investments each quarter to deterrziis~e whether it is arequired to sell, redeem, divest ar ~xrithdxaw az~y publicly traded security of a company identified by the SBA as a scrutinnized cotrzpany and shall notify the Board each quartet, iza. writing, of the results of its review. Beginning no latex than January 1, 2010, the Board shall sett, redeem, divest or withdraw all publicly ttaded securities it holds in any scrutinized company by na latex than Septeznbez 3Q, 2010. Ec~uzt~es The Manager should x~czaintain the equity portion of the portfolio at a zisk level toughly equivalent to that of the equity Market as a whole, with the objective of exceeding its results as represented by the S&P 500 Index by 0.5% annually oven a three year moving time period. Equity holdings ixray be selected from the Neer York, Amezican and Regional Stock Exchanges, the NASDAQ tz~azkets, or appzopriate foreign exchange should an intexnatianal manager be used; and up to 25% of the equity portfolio may be invested. in foreign securities and obligations. In absence of board approval; the Manager is prohibited fxoxx~ izivesi~ing in, private placements, letter stack, anal options; or from engaging in short sales, ax rnargzra transactions. It is expected that no assets will be invested in securiies whose issuers have fried a petition for bankruptcy. Withiia the above guidelines, gives the Manager full responsibility for security selection and diversification, subject to a maximum. S% coznnaitzrient of the equity portfolio`s rnazket value for an .individual security, and 20% for a particular industry as defixied in advance in writing by the Manager. The Manager will have full discretion over tuznover and allocation of equity holdings aixiang securities and ixidustzy groups, within. the limits described above. It is understood that the rnanagez will deviate fzozn the Representative Index. To lirxait the extent of potential undeiperformance, and because of the iz~hezent difficulty in defitxiixg specific zestxictions which would cover atl possibilities, the Manager is instructed. to invest the equity component of the account so as to prevent the returns fax that con~panent from being less than 100% of rite Index return in the quarters dozing which. the Index return has been positive, ax decreasing more than 90% Delray F3each General E~np~oyees Retiternent Plan 117Ve5tmezxt PolxCy Page 4 of the Index xeturn izz the quarters during which the Index. return has been negative, zxzeasuxed over a hailing z~aarimum 5-year period. The equity portfolilia should consistently produce a total. return exceeding the median of an appropriate universe of large, zx~id or small capitalization (value, growth, core as is appropriate to each manager). Fixed Income Investments in wed income securities will be managed actively to pursue opportunities presented by changes in interest rates, credit ratings, and rnatuxity prezrriums_ The Manager may select £roxn appropriately liquid preferred stocks, U.S. corporate debt securities, and obligations of the U.S. Govexnrnent and its agencies. These investments will be subject to the following lizxaitations: No issues may be purchased with maze than 30 years to rr~atuxity, unless the issue is part of an index fund portfolio. 2. lnvestxnents in securities of a sixzgle issuer (with the exception of tl~.e U.S. Gavernz~ent and its agencies) zxaust not exceed S% o£ the znaxket value of the fixed income portfolio. Only corporate debt issues that rr,eet ar exceed a credit rating a£ BBB £xam Standard & I'oox`s or a BAA rating fxozxi Moody's, may be purchased. ~. Preferred stacks must be rated A ax better by Moody`s and/ox equivalent Standard & POar'S at the t~rne a£ purchase. 5. .With xespect to State Street Global Advisors (SSGA} and its representation in the Barclays Capital Aggregate Bond (BC.A.$) Index T'und, International Bonds, or. "Yankee Bonds", will. be allowed to be held in the portfolio in order fox SSGA to replicate the Index that they are being compared to. I£ the ".Yankee Band" percentage of the Fixed income portfolio increases to 20% Then the Board must be notified immediately. 6. Up to 2S% of the fixed income portfolio may be invested ixz obligations issued lay foreign governments, Foreign corpoxattons and other foreign commercial entities. The Manager is prohibited fxoxn investing irz private placeruents, from speculating in fixed income ax ixaterest rate futures. It is uzadexstood that the Manager will deviate From tl3e Representative Index. Ta limit the extent of potential undex~per£oxmance, and because of the inherent difficulty in defining specific xestxictions which would cover all possibilities, the Manager is inshucted to invest the fixed income component of the Fund sa as to prevent the returns For that component fxozxz being less than 90% of the Index return in the quarters d.uxing which the Index return has been. positive, or decreasing more than 80% pe~zay k3eaclz GeriezaX Erxzployees Itetizexr~ent Plan I~~vestxneni Policy Wage 5 a£ the Index return in the goaxters during which t1-ze Index xeturz~ has been negative, measured aver a trailing znaxunum 5-year period. With tl~e above restrictions, the Manager has cozxzplete discretion oven: timing and selection of fixed income securities. The fixed income portfolio should produce a fatal return exceeding the zxzedian of an appropriate broad universe of fixed income managers. Cash and, Lauivalents The Manager may invest i.n caxxzxxaercial paper., repurchase agreements, Treasury Bills, cex-tifzcates a£ deposit, and. xzxoney zxzarket funds to provide income, liquidity far expense payments, and presez:vatiarz of the account's principal value. All such assets must represent zxzaturities of one year ox less at tune a£ purchase. Cozxaanercial paper assets roust lie rated A.-2 or P~-~ by Standard & I'aax's and Moody's, respectively. The Manager zxzay not purchase short-tez~~z ftn:aneial ixzsttaxrrzents considered to contain speculative characteristics (uncertainty of principal and/or interest). The Manager also rrzay not invest more than 5% a£ the total p'ond's market value in the obligations of a single issuer, with the exception of the U.S. Governaxzexzt and its agencies, oz any short-term vehicle zxzade available by the client's custodian. Uninvested cash resezves should be kept to r~,;r,i:-F-,, levels, not to exceed 5°/a of fund assets. Within the lixxaitations mentioned above, the Manager lzas cazxzplete discretion to allocate arzd select short-term cash and equivalent secu~ties. Other Assets The Manager will not purchase assets other than those zxzentiarzed above without written consent. Investzxzents in options ox futures contracts is also prohibited. Investments not speci.cally addressed by this policy are forbidden without written consent. MATURITY/LIQUIDITY The investxxaent guidelines axe based an an investzxzent horizon of greater than five years, so ixzterirrz fluctuations should be viewed with appropriate perspective. Sixrzilarly, the Plan's strategic asset allocation is lased on this fang-term perspective. To the extent possible, axz at:texxzpt will be z~zade to match investment maturities with known cash needs azad anticipated cash-flow reclutrernents. PORTrOLIO COMPOSITION Ixzvestzxzents will be made fax the sole interest and the exclusive purpose of providing the optimuzxr xettizrn witl~zirz the constraints described hereixz. The assets must be held, invested and transferred irx accordance with fzdociazy stanclaxds set Earth in this investment policy. All investzxzents wi11 be zxzade within the guidelines o£ quality, marketability and diversification rz-zarzdated by controlling statutes and this policy. Delray kieach General xxzployees Relirc~nent Plan Invesr~eut Policy Page 6 The Manager is to implement these policies so as to achieve a y:eturn, after fees, superior to the return of the large! asset mix, without additsonal risk as measured by the variability of ,returns. TARGET ASSET M IX TABLE Asset Class Min Wl Tar et Wt Max Wl Re resenfative Index Equities ~a sa ~5 ~~°i° R100aV 22% R~ 000 Growth & G.a% S&P4aa MidCa Iz~texnational l~ ui 0 5 25 2S% MSCI EAI-~E -~- EM Fixed Income 20 45 80 Barcla s Ca ital A re ate Cash & Equiv a 0 3a Citigxoup Treas. 3 Mo. T- Bitl The izzvcstxxaezat returns of the Manager's asset allocation will be measured against those of a target partfoliq based an the target weights shown ita the Target Asset Mix Fable above as invested. in the representative indices. The Manager is to maintain the weights of each asset class, based an i~axket values, within the zxai~.~izx~.uzu anal rx~.axixuuz~ range shovrn in the Target Asset Mix Table. Note that all cgzavertible securities axe treated as equity, preferred stocks are healed as fixed income securities, and long term debt securities with under one yeax rexxzaixxix~g to rnatuxin.g axe treated as fixed income. Because security market conditions can vary greatly throughout a market cycle, tlxe Manager is granted full. discretion to change the asset xnix witlvn the above ranges, far the purpose o£ iz~cxeasing investxxzez~t return and/or reducing risk. More specifically, aver any three yeax period, the xxzanager is expected to achieve a return superior to the target mix cxritl~out additional risk as measured by the variability of quarterly returns. The investxxzezats axe expected to consistently produce a total return exceeding the median o£ a universe a£ balanced £und xxaanagexs over a moving three year period. It is understood that the Manager will deviate £xozxx the target asset allocation mix. To limit the extent of potential underperforxxxance, and because of the inherent difficulty ixa denin.g specific restrictions which would cover all passibi7ities, the Manager is expected to invest with the objective a£ pxevezzting the retuxxas of the total Fund from being less than 9a% o£ the policy return in the quarters duxuag which. tlZe policy return has been positive, or decreasing more than 90% a£ the paliey return izl the quarters during which the policy return has been negative, measured over a trailing maximurr~ 5-year period. RISK AND DIVERSIFICATION Delray Bead General l/mployees REtirE~cnt Plan ZraVEStrxxE;[lt POIiCy 2lge `] The board xecagnizes the difficulty of achieving the Plan's investzrzent objectives in light of uncertainties and caxnplexities of contemporary investxneztt xxzarkets. The board also recognizes that some risk must. be assumed to achieve the Plan's long-terra. ixavesttxzent objectives. In establishing the risk tolerances of tlae IPS, the ability to withstand short anal intexznediate term variability was considered. The Plan's strong fuzancial condition enables it to adopt along-ter~xz investment perspective. In suxzatxzary, the Plan's prospects for the future, current fsnancial condition, and several other factors suggest collectively That the Plan can tolerate some interim fluctuations in zx~axket value and rates of a:etuxn in order to achieve the long-term abJectives. EXPEC'I"ED ANNUAL RATE OF RETURN Recagxaa.zing that shoat-term znaxket fluctuations zxaay cause variations in the account pexfoxtriance, the Board of Trustees expects the Fund to achieve the following objectives over a three year xnoving tizxze period: 1. 'Phe total expected retuz.-za will exceed the increase in the Consuzxzer Price Index by S% annually. Actual retuzxzs should. exceed the e~:pected azxzount 50% a£ the titxae. 2. "l.'he total expected return will exceed 8.0% annually (note: the assumed actuarial rate of return, as of this date, is 7.25%). For each actuarial valuation, tla.e board shall deter:rxaine the total expected annual rate of return for the curxent year, for each of the next several years, and fox the long terrx~ thereafter. Thais deterxt~ination zxzust be filed praxnptly with the Department of lVlanagexnent Services and with the plan's sponsor and tkae consulting actuary. TI-IIRD-PARTY CUSTQDIAL AGREEMENTS A11 assets shall be held with a third party, and all assets purchased by, and all collateral obtained by, the board shall lae properly designated as an asset of the board. No withdrawal of assets, in wkzole or in part, shall be made fxaz~a safekeeping except by an autlxoxized zxzezxrbex of the board ax the board's designee. Securities ttansacttans between a broker-dealer and the custodian involving purchase or sale of securities by transfer of tuaney ox securities rxzust be zzaade an a "delivezy vs. payment" basis, if applicable, to ensure that the custodian will have the security ar rrzaney, as appropriate, in hand at the conclusion of the transaction. MAS'H'ER REPURCHASE AGREEMENT ~?elray Beach Getzc~al ~mp(ayees Retzreaaetxt Z'Ian ~r~vestmerxt I'al~cy gage 8 All approved institutions and dealers transacting repurchase agxeexnents must execute and pex£oxxrs as stated in the Masten Repuxchase Agreement. All repurchase agxeement Eransactians shall adhexe to the requireza~ents o£ the Master Repurchase Agreement. SID REQUIREMENT The boaxd shad deterxnix~e the approximate rx~:atuxity date based an cash--flow needs and znaxlcet conditions, analyze and select one or more optimal types of investment, and caxnpetitively bid the security in question when feasible and appropriate. Except as otherwise required by law, the mast economically advantageous bid zx~ust be selected. INTERNAL CONTROLS SELECTION AND REVIEW OF MONEY MANAGERS A. Selection of Money Managexs: The board, wish the assistance of a consultant, will select appropriate rxaaney xnanagezs to manage Flan assets. Managers must meet the following zxa.ixaitnum criteria: 1. Be a bank, insuxance company, investrr~ent r~anagernent company, ax investment advisex as defined by the Registered Investment Advisers Act of 1940. 2. I'xovide histoxical quaxtezly pex£oxn~ance nusrsbers, calculated an a t~.me-weighted basis, based an a carnpasite o£ all Fully discretionary accounts of siini.lax investment style, and reported net and grass of fees. 3. Pxovide performance evaluation xepoxts pxepaxed by an objective thixd panty that illustrate the xisk/xetuxn proftle of the managex relative to othex rnanagexs of like investment style. 4. I'xavide detailed infaxxnati.on on the history of the frrm, key personnel, key clients, fee schedule, and suppoxt personnel. This ixz£or~nation can be a copy of a recent request for pxoposal {RFI') completed by the manager. 5. Clearly axticulate the investment strategy that will be Followed and document that tlae strategy has been successfully adhered to over time. B. Duties and Responsibilities of tb.e Money Managers: Th.e duties and xesponsibilities of each money manager retained by ~e boaxd include: 1. Managing the Plan. assets under its care, custody, and/ar cantxal ixi accordance with the IPS objectives and guidelines set Earth herein, and also expressed in separate written. agxeezx~ents when deviatiozz is deemed pxvd.ent and desirable by the board. 2. Exercising investment discxetian (including holding cash equivalents as an alternative) within the IPS objectives and guidelines set foxth herein. 3. I'xoznptly inforrnirag the boaxd waiting xegaxding all signi£zcant and/or material xnattexs and changes pertaining to the investment of Plan assets, including, but not limited to: a. lnvestxnent strategy Delray Beach General Exxzployees Ret-~zexxae~t Platt Invesrtxiezxt Policy Wage R b. Portfolio Struct~a:e c. Tactical Approaches d. Ownership e. Organizational Structure financial condition g. Professional staff h. Recommendations £or guidelines changes i. All legal rxaatexial and SEC and other regulatory agency proceedi.~~gs affecting tlxe ~. ~. l'xazxzptly vgting all proxies and related actions in a zxzannex consistent with the lar~g~-tez-m interests and. objectives o£-the 1'lazz set £oxth herein. each manager shall keep detailed records of said votizzg o£ proxies and xelated actions and will co~.xzply with all regulatoay obligations xelated thereto. S. Utilize the same care, skill., prudence, and due diligence undex the cixcutnstances then prevailing that experienced, inves~.xrent pxo£essionals acting in a like capacity and fully familiar with such rxaatters would use irz like activities £ar life retirement plans with like aims in accaxdance with. all applicable laws, rules and regulations £rorxz local, state, federal, and ixztexnatianal political entities as they pertain to ~xduciaxy duties and responsibilities. ~. Aclmowiedge and agree in writing to theix fZduciary xespansibiliry to fully comply with the entire lPS set Forth herein, and as modified ixx the future. C. Monitoxing o£ Money Managers: Quarterly performance will be evaluated to test pxogxess toward the attainment of longer-term targets. It is understood that there axe likely to be short-- term periods during which. perforxxxance deviates £xoxn maxket ixzdexes. During such periods, greater emphasis slxall be placed on peex-pex£oxxnance comparisons with managers employing sin€ziJax styles. On a timely basis, but not less Than four tirxres a year, the board will meet to focus an: 1. Managez s adhexence to the investment policy gtudelines 2. Material changes i.ri the xxranager`s organization, investxrrent philosophy, and/ax personnel 3. Goxrzparisans a£ the managex`s results to appropriate indexes and peen: gxoups, sp eci£ically: ASSet Cate~O~V Index Peer Gxau~a Universe Domestic Large Capitalization eeluity: Value Growth S&l' 500 81000 Value 1~.~.000 Growth Total l~.quity Database Value equity style Growth equity style Delray Beach General Employees Retirement Plan Investment I'oUicy page IO Core Mid l nternatxonal Equity: Developed. Markets Exnexging Markets Darnestic Fixed Incc Active Duratlaxi S&P 500 Care equity style S&P 400 MidCap equity style MSCI EArE International Equity MSCI Emerging Markets Emerging Intl. Equity me: Iiaxclays Capital .Aggregate index Active Duration style 4. The risk associated with each ~nanagex`s portfolio, as rneasuxed by the variability of quarterly returns {standard deviation.}, should not exceed that of the benchtxzark index and the peer group without a corresponding uacrease in performance above the benchrxaaxk and. peer group. 5. In addition to the infaxmatian covered during the quarterly reviews, the board gill meet at least annuaIly to focus on: a. The fraanagex's perfoxznance relative to managers of like investment style ox strategy. Each manager is expected to pexforzn in the upper half of the manager's respective style universe b. The Plan's investment performance results cornpaxed to the manager's overall cozx~.posite performance figures to detexxzaine unaccounted for dispersion between the xxaanagex's reported results and the Plan's actual results. 6. The board is aware that the ongoing review and analysis of money managers is just as important as the due diligence iznpiexxzented ding the manager selection process. Accoxdiz~gly, a thorough review anal analysis of a money xxaanager will be conducted if: a. A xxaanagex perfoxxxzs in the bottom quartile {75t~' percentile) of his ax her peer group aver two consecutive quarters or annual period. b. A manager falls iz~ the southeastern quadrant of the risk/xet-~arn scattergram fox three- and/or five-year time periods. c. A inanagex has alive-year risk-adjusted return fail below that of the median manager within the appropriate peer group. d. A manager underpexfaxxns its index fox four consecutive quarters. 7. l~uxthex, a xxaaxtager inay be replaced at any tithe and fax any reason, including but not lirrzited to the followiztg: a. A mar~agex that cansistexttly performs below the triedian (50~' percentile) of his or her peer group over rolling three-year periods. ~lelray $each General Employees Returement Plan In^vestrxaent Policy rage 11 b. A manager with a negative alpha for three-year tiza~e periods. 8. Major organizational changes also warxant ilnrryediate review of the manager, including: a. Changes in professionals b: Significant account losses c. Significant grawth of new business d. Change in ownership 9. The performance of the baard's investment managers will be monitored on an ongoing basis, and it is at the board's discretion to tape corrective action by replacing a rr~anager if they deem it appropriate at any time. CC-NTINUING EDI.7CATION All. board xzaetnbers are encouraged to attend continuing education seminars in matters relatir~zg to investments and the board's responsibilities. Board members are preMauthori~ed to attend at~y applicable conferences within the state of Florida (max_imurn two (2) per year). ANNUAL REPORT The board skzall subr~vt an annual report to the Delray Beach Gity Carr~mission. The report shall .include investrrzents in the portfolio by class or type, book value, income earned, and marl~et value as of the report date. The annual report shall be available to the public. FILING OF INVESTMENT POLICY Upon adoption by the board, this investment policy shall be proz~ptly E~led with the Florida Department of Management Services, the City of Delray Beach City Comrzvssion, and the consulting actuary. The effective data of the investment policy, and any amexa.dment thereto, shall. lae the 3T" calendar day following the filing date with the City Cotxatx~ission. VALUATION OF ILLI4UID INVESTMENTS Investments in assets for which a generally recognized market is not available or for which there is na generally accepted pxicing tz~echanisrn shall be prohibited. Approved by Pension Board: ~ L ~ ~ r ,•-r,.l r~ r~ Delray ~3each General Employees Ketirement Plan Znvestrzzent Palicy Page 1Z i:leiient dacumentsldelray beach, city afl089331rnisclgeneral employes €nvestms;nt policy.doc Approved by the City Conu~nission of the City of Delray Beach, Florida on may ~ ~, 20~ 1_ MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 25, 2011 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 RATIFICATION TO THE KIDS AND COPS COMMITTEE ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Kids and Cops Committee. BACKGROUND The Kids and Cops Committee was established as an Advisory Board to the City Commission in May, 1994 with the adoption of Ordinance No. 20-94. Its primary goal is to strengthen the relationship between the local youth of our community and members of the Delray Beach Police Department through various programs and activities. It is composed of representatives from the City's Police and Parks and Recreation Departments, as well as, representatives from the Delray Beach public schools. Over the years, membership has evolved to include "At Large Representatives" which has provided the opportunity for interested residents to participate in the program. The City Commission directly appoints members to fill the "Citizen At Large Representative" and "At Large Representative" category. The other appointments are made by the various groups involved and presented to the Commission for ratification. The current appointee for ratification is: Organization Represented Nicole Guerriero Police Department The term is unexpired ending on November 30, 2011. RECOMMENDATION Recommend City Commission approve and ratify the appointment of Ms. Nicole Guerriero, representative for the Police Department, for an unexpired term ending November 30, 2011. HIDS AND COPS 05/11 TERM REGULAR MEMBERS ORGANIZATION EXPIRES REPRESENTED 11 /30/2011 William J. Fay, Jr. (Principal) Banyan Creek Elem. Ratified02/07/06 Reapptll/07/07 Ratified 12/11 /07 Reappt09/02/09 Ratified 11/17/09 11/30/2011 Yvonne Odom Carver NTiddle Ratified o2/m/o6 PBC School District Reapptll/07/07 Ratified 12/11 /07 Reappt09/02/09 Ratified 11/17/09 11/30/2011 Cheryl McKeever Crosspointe Elem. Unexp Appt 09/06/06 Ratified 11/17/06 Reapptll/07/07 Ratified 12/11 /07 Reappt09/02/09 Ratified 11/17/09 11 /30 /11 Regina Sablo Crosspointe E lem. Unexp Appt 09/03/08 Ratified 03/17/09 Reappt09/02/09 Ratified 11/17/09 11 /30 /11 Rona Tata SD Spady E lementary Unexp Appt 09/03/08 Ratified 03/17/09 Reappt09/02/09 Ratified 11/17/09 11 /30/11 Danielle Beardsley Parks and Recreation Ratified 02/07/06 Reapptll/07/07 Ratified 12/11 /07 Reappt09/02/09 Ratified 11/17/09 11 /30/2011 Nicole Guerriero, Chair Police Department Appt01/03/11 Ratified 11 /30 /2011 Edward Smith Police Department Ratified 02/07/06 Reapptll/07/07 Ratified 11/11/07 Reappt09/02/09 Ratified 11/17/09 07/31 /11 Jennifer Buce, Vice Chair At Large Representative o~ appt o~/97 Reappt02/07/06 Reapptl2/11/07 Rea 11/17/09 07/31 /11 Francis Moschette At Large Representative Reappt02/07/06 Reapptl2/11/07 Rea 11/17/09 07/31 /11 Phyllis Willingham At Large Representative Appt03/03/08 (partial term) Rea 11/17/09 11/30/11 Sheila Bethel Pinegrove Elem. Unexp Appt 09/03/08 Ratified 03/17/09 Reappt09/02/09 Ratified 11/17/09 11 /30/09 Village Academy Vacant 11/30/11 Angelica Rotondo OrchardViewElem. Unexp Appt 09/03/08 Ratified 03/17/09 Reappt09/02/09 Ratified 11/17/09 07/31 /11 Cory Cassidy Citizen at Large Ratified o2/m/o~ Representative Reapptl2/11/07 Rea 11/17/09 11/30/2011 Vilg~rins Loussaint Phunosa Elem. Reappt09/02/09 Ratified 11/17/09 S/C ity Clerk/Hoard 11/Kids :ops MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 31, 2011 SUBJECT: AGENDA ITEM 8.0. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 RESOLUTION N0.21-11 ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required to remove nuisances on four (4) properties throughout the City BACKGROUND The resolution sets forth the actual costs incurred and provides the mechanisim to attach liens against the properties if the assessments remain unpaid. RECOMMENDATION Recommend approval of Resolution No. 21-ll. RESOLUTION NO. 21-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT 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 BE A LIEN UPON THE SUBJECT 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, described 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 Beach, 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 describing the nature of the nuisance(s) and sent notice that within seven (7) days from the date of said notice (forty-two (42) days 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 Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property 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 prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property 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); and, WHEREAS, the City of Delray Beach, 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 described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, 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 Beach, 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, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, 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 Beach, involving the City's 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 against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied sha]1, 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 sha]1 be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach 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 Beach at the , une 7, 2011 meeting has levied an assessment against said property 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 sha]1 be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney'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 sha]1 become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien sha]1 be placed on said Res. No. 21-ll property(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 attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien sha]1 become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this 72h day of June, 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. 21-ll COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 328 SW 4TH AVENUE TOWN OF DELRAY LOT 21, BLOCK 32 CASE NBR 10 00010753 PCN 12 43 46 16 01 032 0210 John and Jennifer Davis 502 NW 14th Street Delray Beach, FL 33444 117.50 nv. No. 36844 $ 55.00 Admin Fee $ 172.50 509 CURLEW ROAD TROPIC PALMS PLAT NO. 1 LOT 264 CASE NBR 10 00011240 PCN 12 43 46 29 02 000 2640 Thomas and Juliana Del Flore P.O. Box 1269 Boynton Beach, FL 33425 107.50 nv. No. 36840 $ 55.00 Admin Fee $ 162.50 667 EAGLE CIRCLE TROPIC PALMS PLAT NO. 2 LOT 530 CASE NBR 10 000 11520 PCN 12 43 46 29 04 000 5300 Edward Schwartz 1407 Belmont Place Boynton Beach, FL 33436 247.00 nv. No. 36843 $ 55.00 Admin Fee $ 302.00 JEFFERSON ROAD COUNTRY CLUB ACRES 2ND ADD LOTS 68 AND 69 CASE NBR 11 00011569 PCN 12 42 46 13 03 000 0680 Arturo Gutierrez 3621 NW 108th Drive Coral Springs, FL 33065 97.50 nv. No. 36841 $ 55.00 Admin Fee $ 152.50 VIOLATION IS: SECTION 100.01- LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE RES NO. 21-11.x1s MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, P.E., Project Manager ESD/CRA Richard C. Hasko, P.E., Director Environmental Services THROUGH: David T. Harden, City Manager DATE: June 3, 2011 SUBJECT: AGENDA ITEM 8.P. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 NAME CHANGE AMENDMENT FROM PBS&.T TO ATKINS NORTH AMERICA ITEM BEFORE COMMISSION The attached agenda item is a request for Commission approvaUauthorization for Mayor to execute the Name Change Amendment for Professional Services Contract from Post, Buckley, Schuh &Jernigan, Inc. to Atkins North America, Inc. BACKGROUND On October 2010, Post, Buckley, Schuh and Jernigan, Inc. (PBS&J) became part of the Atkins Company. Effective April 1, 2011, PBS&J has changed their name to Atkins North America, Inc. There is currently an excuted Service Authorizaton with PBS&J to provide construction adminstration services for the Atlantic Gateway Art Feature Project. RECOMMENDATION Staff recommends approval. NAML CHANGII AMENllMI,N'1' 1.OR PROrIJSSIONAL SI;RVICI?.S CONTRACT Tltis Name Change Antenciment made and effective this clay of _ , among Atkins North America, htc. (formerly known as Post, Buckley, Scltult & .{erttigatt, lne., (d/b/a PBS&J) hereinafter "Atkins" and City of Delray Beach, Flai•ida hereinafter called "Cih!". 1~~ITNESSETI {: 1~1~H}~1tEAS, the parties have entered iota a Standard l;orm of Agreement elated Decetttber l7, 2010 ~i~ith tite City and the Cit}' retained Atkins to perlrtrtt} professional services; VI~i IEREAS, Past, Brickley, Sehtth & Jernigan, lttc., (dlbla PB5~3) cltanged its fiirm's legal name to Atkins North America, Itte. effective April 1, 201 }; WHEREAS, the name change will have tta impact an the Agrecntcttt and Atkins will eantinue to perform all of its obligatians under the Agreement; 1VI {EREAS, it is in the mutrta! best interests of khe City ant{ Atkins to amend the Agreetnettt to retTeet this corporate name change; anti ViTHEREAS, both parties agree {a autettd said Agt•eemcnt. NCl1~, THIKEP'ORE, for gaol and valuable consideration flo~vittg amattg the parties hercta, the receipt and sufl`ieiency af.vhich are ]tercby ackno~vledgec{, the parties hereto do agree as follows: 1. Effective as afApril I, 201 I Post, Buckley, Schult ~Y; Jernigan, Ittc., (dlbla I'BSS.J}changed its ~rnt's legal name to Atkins North Antcrica, lttc. (na outer changes to tite federal 'fax Identi{ication Number (I:EIN), corporate business address, bank accounts, wiring instructions, or company tttanagement, technical staff and pnaneial personnel}. 2. Atkins will continue to perform sill of its c{uties, responsibilities, attd obligatians under the Agreement. 3. "{'he City hereby consents to continuing the rlgreemettt with Atkins. ~{. 11~ltet•e the term Post, Brickley, Schnh & Jerntgait, lnc. (d/bla PF3S&J) shall appear itt the anginal Agreement as amended, the term shall hereinafter ittean and refet• to Atkins North America, Inc. 5. Except as expressly amended hereby, all the remaining peavisions of the Agreement shall remain in full force and effect. Agrecltlcnt beh~~eelt Cite of De1Ray 13eac11. I'lorida aIlc] Atlcitls 1\701'tIl AIt1eI'ICay IIIe. Page 2 IN V~tTNESS ~~~I-}EREOF, tl~e parties evidelice their agl•eement tlu•ough the e~ecutinn of this AGREEMENT by their duly authorized sig~~atures, CONTRACTOR ~VI`1`NF;SSES: (2 A'I'KINS NORTH Ai1fI1~RICt~f, INC. E3Y: Ronald J'. Name: TitleE~ec~tive Vi Date; °'€ , (CORPOItAT11 SEAL) STATR OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was a kno~vledged before nle this ~ da}~ of ~ ! ~ ~ , 20 11. ~____ By I_:. ~, `~. T'~~°-.r~• , e • . ,A , of Atkins North A~t~erica, Inc., a Flo~tda eorporatio~t, on behalf of the corporation. Helshe is ~er~ son~ll}~ knr~w~a to r»e or has produced ,. ]dentificatian. as '*` '~~'~' .'_' ~xPiRFS: ~a4'embar tt3, 2011 ' ~~ t;;„~ e; amens ypU urdn.tw - `~zr.~+.<:.r;k, r~ y.~,<i~-.i~..~~.-;.~ . ems, --~; r (type of ide~tEit'ieatian} ~' ~ _~ _ Sigt~at re o Notary ~- Print, Type, ae Stamp Name of Notary Title or Rank Serial Number, if Any A~;reetncut bets°een Cii;y~ al' Delra;Y 13eacli, rlorid:~ a~~cl Ailtiiis Noi~ll~ Ames^icF~, Ltc. N:egc 3 CITY OI< I}F,IIRAY I3I;ACH, I<LORIDA 13Y: Ds~ie: ATTIJST; I3y; AYPROVF.D AS'I'O I=ORI'I: CITY OF llCLI2~1~' I3I+.".AC~I, I+L 13Y: Attc~ruc}~ q~ear Valued........ Client: Ut has been an exciting year far our company as we start. a new chapter in our history, In c~ctobsr of iast year PBS$cJ became an Atkins company, and on April 1, 2Q11, we change our name offiicallyto Atkins North America, Inc. Although e have a new name, we will cantinas to support your needs with the same great staff offering the same level of technical excellence, quality service, and timely response you have come to expect, To resolve any confusion, bars are same clarifications concerning our name change. • Effective April ~., 2011 Post, Buckley, Schuh and Jernigan ,Inc WPBS&J}will change i,ts name to Atkins North America, Ins. Atkins North Amsri!ca, Inc, rsmailns incorporated in Florida, sa it is a L1S company. Qur federal tax Its number will natchange. A Form VII-9 reflecting our Hams change is attached so that you may easily update your records. • tour business address, bank accounts, and wiring instructions wail) nc~t change. • our company management, technical staff and financial personnei will neat change. if you have any questions or rsc~uirs any additional information, please contact Lourdes Fernandez of our P'raject Finance department at (3Q5~ 514-327 ar Itfsrnandcz~~pbsl.co~~r~ or N~eborah Shimsl of our Legal [department at X3{75) 514-32.88 or C~LShimsl bs~.com. Hats: These email addresses wilN remain active after our Hams change. Thank you for your business and continued confidence in Atkins. (formerly PBS&Ji)l MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Acting Director of Planning & Zoning THROUGH: City Manager DATE: June 2, 2011 SUBJECT: AGENDA ITEM 8.Q. -REGULAR COMMISSION MEETING OF .TUNE 7, 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 May 16, 2011 through June 3, 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 Meetin of~May 16, 2011 No appealable items were considered by the Planning and Zoning Board. The following item which was considered by the Board will be forwarded to the City Commission for action: A. Recommended approval (5 to 0, John Miller and Al Jacquet absent), of a conditional use request to allow the establishment of an automobile repair shop with detailing services for Motion Auto Care, to occupy a tenant bay within amulti-tenant industrial building, located at 1208 Georgia Street. Site Plan Review and Appearance Board Meetin of~May 25, 2011 1. Approved with conditions (6 to 0, Roger DeCapito absent), a Class III site plan modification associated with establishing a fraternal lodge with restaurant facilities within an existing 2,783 sq. ft. commercial building for Veterans of Foreign Wars (VFW) Post 4141, located at the southwest corner of SE 5th Avenue and SE 8th Street (802 SE 5th Avenue). Concurrently, the Board approved a reduction to the required parking spaces (from 56 spaces to 43 spaces) pursuant to LDR Section 4.6.9 (F)(1) which allows a parking reduction upon receipt and acceptance of special documentation that demonstrates a reduced number of parking spaces will accommodate a specific use. Historic Preservation Board Meetin og f May 18, 2011 2. Approved (4 to 0, Rhonda Sexton, Roger Cope and Pam Reeder absent), a request for a Certificate of Appropriateness to allow a new freestanding sign at 19 South Swinton Avenue, Old School Square Historic District. No other appealable items were considered by the Historic Preservation Board. The following item which was considered by the Board will be forwarded to the City Commission for action: 3. Recommend approval (4 to 0), to the City Commission the complete Ad Valorem Tax Exemption Application for improvements to the property at 138 NE 1st Avenue, Old School Square Historic District. Historic Preservation Board Meeting of June 1, 2011 4. Approved with conditions (6 to 0, Annie Roof absent), a Class V site plan and certificate of Appropriateness in conjunction with a change of use from a single family residence to office for the structure located at 202 North Swinton Avenue, Old School Square Historic District. The Board concurrently considered the following waivers: a) Recommended denial (6 to 0), to the City Commission of a waiver to LDR Section 4.4.24(G)(3), to permit the location of parking spaces in the area between the street and the building. b) Recommended approval (6 to 0), to the City Commission of a waiver to LDR Section 4.6.9(D)(2)(b), to reduce the minimum required combined depth of alley and parking spaces from 42' to 39' 6". c) Recommended approval (6 to 0), to the City Commission of a waiver to LDR Section 4.6.9(D)(2)(b), to reduce the required parking space width from 10' to 9', provided that a depth of 39' 6" is provided. d) Recommended approval (6 to 0), to the City Commission of a waiver to LDR Section 4.69(D)(3)(a- b), to reduce the required driveway width from 24' to 18' at the point of access from North Swinton Avenue. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map ~~~, CITY COMMISSION MEETING - - - - ~T,~~~~~~~ _ _ _ _ N ,- ~ ,' z~ JUNE 7. 2011 UN~ ~n,~~ i ~ ~ ~ ~ PLANNING AND ZONING u~~~ LQCAT~QN MAP ~F~~ ~ acn~E DEPARTMENT SPRAB: HPB: 1. VETER,APJS OF FOREIGN ~ti'ARS (VFW) 4141 2. 19 SOUTH SWINTON AVENUE 3. 138 NE 1ST AVENUE 4. 202 NORTH SWINTON AVENUE -- D/GITA[ BASE MAP SYSTEM -- -- DLS -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\6-7-11 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: May 23, 2011 SUBJECT: AGENDA ITEM 8.R.1 -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 BID AWARD/PRO COURTS ITEM BEFORE COMMISSION Commission is requested to approve a bid award in the amount of $23,222.50 with Pro Courts for fence repair at the Tennis Center and at the Delray Beach Swim and Tennis Club. BACKGROUND Attached is a summary of three (3) quotes received to add a bottom rail to courts 1 through 12 at the Tennis Center and courts 15 through 24 at the Swim and Tennis Club. This work is needed to maintain the fencing in a safe condition. FUNDING SOURCE Funding is available in the Capital Improvement budget, account number 334-4145-572-46.90 project number 11-033. RECOMMENDATION Staff recommends approval of a bid award in the amount of $23,222.50 with Pro Courts, the low bidder, as outlined at the Tennis Center and Swim and Tennis Club. Fast-Dry Pro Courts Welch FENCING Tennis Center Furnish and install new green vinyl coated bottom $15,708.00 $13,200.00 $28,D35.00 rails to all fencing on Clay Courtsl through 12. Bottom rail will be 1-5f8" PP20 poly coated. Swim Club Add new galvanized bottom rails to all fencing on $1fl,930.00 $10,022.50 $24,750.00 Clay Courtsl5 through 24. Bottom rail will be 1-518" Pl'2fl galvanized. Total $26,638.Ofl $23,222.50 $52,785.00 CLAY COURT RE-SURFACING Tennis Center Re-surface Clay Courts 5, 6, 7, and 8. $21,200.00 $20,752A0 $19,730.00 Clean courts and remove old lines, nails, and Does not include excess dead material to contractors provided dumpster costs. dumpster. Apply 10 tons of new Har-Tru (Fast-Dry) surface material per each court using laser guided grading equipment to help maintain or re-establish the precise court slope. Water and roll courts as needed. Install 2" herringbone style line tape secured with 3" aluminum nails to USTA specifications. Contractor hauls away all old or dead material at their cost. Furnish and install approx. 280 +/- linear feet of $12,600.00 $10,411.00 Non-Responsive Zurn Z-883 6" channel drains along the north side of clay courts 5, 8, 7, and 8. Drains will be installed outside of court. No grates. Drains include 4 in-line catch basins. Connect trench drain to Owner's existing catch basin. Contractor responsible for hauling away all excavated wastes. Furnish and install approx. 60 -rf- linear feet of $4,500.00 $3,877.00 Non-Responsive Zurn Z-883 6" channel drains with heel proof polyethylene black grates behind court 9 on the north side. Drain includes 1 in-line catch basin. Connect trench drain to Owner's existing catch basin. Contractor responsible for hauling away all excavated wastes. Total $38,300.00 $35,040.0€# N!A l'~t~~~ i ul .' Preston, Dolag From: procour#s@aoLcom Sent; Tuesday, May 03, 2011 4:38 PM To: dpreston@jcdspartsgroup,com Subject: revision May 3,2011 JCD SPORTS Group clo Delray beach Tennis Center Atlantic Ave Delray Beach, F!. Attention :Doug Preston, Manager Mike Darcy, Director of tennis Gentlemen, it was our pleasure meeting with you fo discuss the capital improvements that you wish to make #or the Tennis Center and The Swim and Racquet Club This proposal will be in separate parts, each dealing with one of your requests. Yau asked for a price to resurface courts 5-8 at The Tennis Center, a price to add 280 linear feet of channel drains behind courts 5-i3 at The Tennis center,and an additional 60' behind The Pro Shop, and a quote far insfalling new "bottom rail" on courts 15-24 at The Swim and Racquet Ciub and courts 1-12 at The tennis Center an Atlantic Ave. We will list each item individually for your consideration: 1. BOTTOM RAZE. SS 20 rail for 10 foot high fence 10 courts numbers 15-24 @ The Swim and Racquet Club. There is plus (minus 2,11D linear feet COST $ 10,022.50 t$ 4.75 per linear foot) far GAE_VINIZED RAit~ 2. For the Tennis Center Courts 1-12 GREEN I.CX SS 20 rail: Plus 1 minus 2,660 linear feet @ $5.00 per ft. COST $ 13,200.00 As you requested we will include the installation of the bottom rail on all 4' fence that currently does not have bottom rails. NOTE: ALL required hardware to attach the bottom rail to the fence fabric, terminal posts and line posts will be furnished and installed as part of this proposal . Aluminum ties, boulevards, and and rails as well as nuts and bolts) 2. Resurface courts 5,6,7 and 8 al The tennis Center Per your specifications we will: 1. Remove ail old lines and nails and discard off site 2. Check planarity of the existing courts with laser and adjust where necessary 3. Furnish and install 10 tons of tier-Tru PER COURT. Materials will be placed then laser graded. l'tt~c _' ~~t~..' 4. Water ,compact and re grade as required. 5. Accurately locate and install Herringbone #ennis lines anchored with 2 1/2" long ali~minr~m nails 6. Re roll the courts attar the lines are installed. 7. Scrap and sand net posts to remove surface rust and any loose paint. Then re paint the posts with a rust prohibitive green paint. 8. Re install Owners tennis nets and canter straps 9. Clean up all of our construction debris and leave the courts ready for play. Items 1-9 as listed and described above will be performed for the sum f $ 20,752.00 CHANNB~. DRAINS For the channel drain installation we will install per your dimensions approximately 280 linear feet of NDS DS 091 N 4" x 6" dare slope channels with Grate support 3.9" invert Bach NDS Dura Slope Palyolefin w. UV inhibitors .,AND four (4} in line CATCH BASINS and Catch Basin "Trash Buckets". NO GRATE COVERS ~ behind courts 5-8. INSTALt.lrD COST $ 10,411.0© There is also an area just behind the Pro Shop where there is an additional 60' of a straight run, then 45' (plus !minus} apiece of 3" 0 D pipe will be placed under the paver bricks to complete the run, and tie into The Owners existing Catch Basin Pavers will ba cut and or removed as necessary to accomadate the new drain channels. Pavers will be placed back after pipe installation leading to Owners Catch Basin For the 60' behind the Pro Shop the installed cost wiH be $ 3,877.00 ,Including solid pipe run and tie in to Owners Catch Basin and HEEL. PROOOF GRATt=S !!~' Thanks again for this opportunity. We look forward to working with you again in the near future, Sincerely, Jim Reynolds President PRO COURTS 4250 NW 74 St. Pompano Beach, Fl 33073 Office Phone (954} 429-0289 Office Fax (954) 419-9991 Jim's Cell ~ (954) 553-9852 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: May 23, 2011 SUBJECT: AGENDA ITEM 8.R.2 -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 BID AWARD/PRO COURTS/CLAY COURT RESURFACING AND DRAINAGE ITEM BEFORE COMMISSION Commission is requested to approve a bid award in the amount of $35,040 to Pro Courts for resurfacing courts 5 through 8 and installing approximately 340 linear feet of channel drains along the north side of courts 5 through 8 and the north side of court 9 at the Tennis Center. BACKGROUND Attached is a summary of three (3) quotes received for court resurfacing and court drainage work at the Tennis Center. The quote received from Welch Tennis Courts Inc. was non-responsive since they did not include quotes for the required drainage work. This work is needed to properly maintain the courts in a safe condition. FUNDING SOURCE Funding is available in the Capital Improvement Program account number 334-4145-572-46.90 project number 11-012. RECOMMENDATION Staff recommends approval of a bid award in the amount of $35,040 to Pro Courts, the low bidder, for resurfacing courts 5 through 8 and 340 linear feet of channel drainage on courts 5 through 8 and 9 at the Tennis Center. Fast-®ry Pro Courts Welch FENCING Tennis Cenfer Furnish and install new green vinyl coated bottom $15,708.00 $13,200.00 $28,035.00 rails to all fencing on Clay Courtsl through 12. Bottom rail will be 1-518" PP20 poly coated. Swim Club Add new galvanized bottom rails to all fencing on $10,530.00 $10,022.50 $2~4,750.Ob Clay Courts15 through 24. Bottom rail will be 1-518" PP20 galvanized. Total $26,638.00 $23,222.50 $52,'185.00 CLAY COURT RE-SURFACING Tennis Cenfer Re-surface Clay Courts 5, S, 7, and 8. $21,200.00 $20,752.00 $19,730.00 Clean courts and remove old lines, nails, and floes not incfucle excess dead material #a contractors provided dumpster costs. dumpster. Apply 10 tons of new f-lar-Tru {Fast-Dry) surface material per each court using frier guided grading equipment to help maintain or re-establish the precise court slope. Water and roll courts as needed. Install 2" herringbone style line tape secured with 3" aluminum nails #o USTA specifications. Contractor hauls away all old or dead material at their cost. Furnish and install approx. 280 +/-linear feet of $12,600.00 $10,11.00 Non-Responsive Zurn Z-883 6" channel drains along the north side of clay courts 5, 6, 7, and 8. Drains will be installed outside of court. No grates. Drains include ~ in-line catch basins. Connect trench drain to Owner's existing ca#ch basin. Contractor responsible for hauling away all excavated wastes. Furnish and install approx. 60 +l- linear feet of $4,500.00 $3,877.00 Non-Responsive Zurn Z-883 6" channel drains with heel proof polyethylene black grates behind court 9 on the north side. Drain includes 1 in-line catch basin. Connect trench drain to owner's existing catch basin. Contractor responsible for hauling away all excavated wastes. Total $38,300.00 $35,044.00 NIA l''~1_'e 3 t1t _' 4. Water ,compact and re grade as rec}uired. 5. Accurately locale and install Herringbone tennis lines anchored with 2 1i2" long aluminum nails 6. Re roll the courts after the lines are installed, 7. Scrap and sand net posts to remove surface rust and any loose paint. Then re paint the posts with a rust prohibitive green paint. 8. Re install Owners tennis nets and center straps ~~ 9, Clean up all of our construction debris and leave the courts ready for play. Items 1-9 as listed and described above will be performed for the sum f $ 20,752.00 CHANNEL. DRAINS For the channel drain installation we will install per your dimensions approximately 280 linear feet of NDS DS 091 N 4" x B"Jura slope channels with Grate support 3.9" invert Each NDS Dura Slopo Polyolefin w. UV inhibitors .,AND four (4) in line CATCH BASINS and Catch Basin"Trash Buckets". NO GRATE COVERS behind courts 5-8. INSTALLED COST $ 10,411.00 There is also an area just behind the Pro Shop where there is an additional 60' of a straight run, then 45' (plus tminus} apiece of 3" 0 D pipe will be placed under the paver bricks to complete the run, and tie into The Owners existing Catch Basin Pavers wili be cut and or removed as necessary to accomodate the new drain channels. Pavers wiH be placed back after pipe ins#aifation leading to Owners Catch t3asin For the 60' behind the Pro Shop the installed cost will be $ 3,877.00 ,Including solid pipe run and tie in to Owners Catch Basin and HEEL PROOOF GRATES !!!! Thanks again for this opportunity. We look forward to working with you again in the near future. Sincerely, Jim Reynolds President PRO COURTS 4250 NW 74 St. Pompano Beach, FI. 33073 Office Phone (954) 429-0289 Office Fax (954) 419-9991 Jim`s Cell # (954) 553-9852 l~i1L'C l l11 ~ Preston, Doug From: procourts@aol.com Sent: Tuesday, May 03, 2011 4:38 PM To: dpreston@jcdsportsgroup.com Subject: revision May 3,2011 JCD SPORTS Group clo Delray beach Tennis Center Atlantic Ave pelray beach, (=l. Attention : Daug Prestan, Manager Mike Darcy, Director of tennis Gentleman, It was our pleasure meeting with you to discuss the capital improvements that you wish la make far the Tennis Center and The Swim and Racquet Glub This proposal will be in separate parts, each dealing with one of your requests. Yau asked for a price to resurface courts 5-8 at The Tennis Center, a price to add 280 linear fast of channel drains behind courts 5-8 at The Tennis center,and an additional 60' behind The Pro Shop, and a quote for installing new "bottom rail" on courts 15-24 at The Swim and Racquet Club and courts 1-12 ai The tennis Center on Atlantic Ave. We wilt list each item individually for your consideration: 1, BOTTOM RAIL S5 20 rail for 10 foot high €ence 10 courts numbers 15-24 @ The Swim and Racquet Club. There is plus (minus 2,110 linear feet CAST $ 1q,022.50 ($ 4,75 per linear foot} far GALVINIZED RAtt_ 2, For the Tennis Genter Courts 1-12 GREEN t_GX SS 20 rail: Plus !minus 2,640 linear feet @ $5.00 per ft. COST $ 13,20D.00 As you requested we wilt include the installation of the bottom raft on all 4' fence that currently doss not have bottom rails. NOTE: ALL required hardware to attach the bottom rail to the fence fabric, terminal posts and tine posts wilt be furnished and installed as part of this proposal . (Aluminum ties, boulevards, and end rails as watt as nuts and bolts) 2. Resurface courts 5,6,7 and 8 at The tennis Center Per your specifications we wilt' 1. Remove alt ald lines and Waits and discard off site 2. Check planarity of the existing courts with laser and adjust where necessary 3. Furnish and install 10 tons o€ Har-Tru PER COURT. Materials wilt be placed then laser graded. MEMORANDUM TO: Mayor and City Commissioners FROM: Edward Crelin, Division Chief Danielle Connor, Acting Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: May 3, 2011 SUBJECT: AGENDA ITEM 8.R.3 -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 PURCHASE AWARD/ MUNICIPAL EQUIPMENT COMPANY, LLC ITEM BEFORE COMMISSION Purchase of twenty-five (25) sets of replacement Firefighter Personnel Protective Equipment (bunker gear) at a cost $2,208.05 per set for a total cost of $55,201.25 from Municipal Equipment Company, LLC with pricing per Lake County, Florida Contract No. CT0708llC5, extended through March 31, 2012. BACKGROUND Currently the Fire-Rescue Department has twenty-five (25) personnel using Firefighting Personnel Protective Equipment (bunker gear) that has reached the maximum recommended service life set forth by the National Fire Protection Agency. The Janesville coats and pants have abuilt-in protective system, fusion outer shell of Kevlar/Nomex, AraFlo thermal liner with Crosstech moisture barrier and are resistant to blood-borne pathogens and common chemicals. The suit is designed to shed water and other liquids and will dry quickly. It is designed to minimize firefighter fatigue and heat stress, the leading cause of firefighter deaths, and is less restrictive than other comparably priced gear. Municipal Equipment Company, LLC is the sole authorized distributor located within the State of Florida for Lion Apparel to provide Janesville turnout gear. FUNDING SOURCE $55,201.25 ($2,208.05 per set) 001-2315-526-52.18 RECOMMENDATION Staff recommends approval of a purchase award to Municipal Equipment Company, LLC in the amount of $55,201.25 for twenty-five (25) sets of Firefighting Personnel Protective Equipment (bunker gear) with pricing per Lake County, Florida Contract No. CT0708llC5. ~~~~ Pr®ltestive Sys@erats Curoup April 6, 20'11 Tv Whom It May Concern: This letter is to inform the appropriate jurisdiction that Municipal Equipment Company LLC, 2049 West Central Blvd., Orlando, Florida is the sole stocking distributor of Lion Apparel's Janesville and Body Guard brands of Turnout Gear for the State of Florida. Municipal Equipment is also the exclusive Authorized Cleaning and Repair Center for Janesville and Body Guard Gear and is authorized by Lion Apparel to perform warranty and factory repairs and or replacement issues as well as keep the gear NFPA '195'1 compliant. Municipal Equipment maintains the appropriate backup stock of Turnout Gear in Orlando, Florida. Hope this information is helpful to you. If there are questions fee! free to call me anytime. 6 4 5 0 POE AVE P.O. SflX 1357& d A Y 7 0 N o ~ i o 45~i13.0576 800.421.2926 CUSTOMER S E R V I C E YOUrs truly, TOI. 800.548.6814 f _ ]„~„~ Tfl 937.698.1949 ~"'~""_~ FAX 937.415.1984 Regional Sales Manager Lion Apparel Protective Systems Group Cell telephone # 937-609-4'!96 PROTECTIVE SYSTEMS oROUP '_ ~~:~ MPAT~3Y LLC :~ SrnirF }4~}Sx+i2ru[ fkr}~;.k~c~s MUNICIPAL EQUIPMENT COMPANY, PLC 2949 West Central Boulevard, Orlando, FL 32805 800-228-8448 Fax: 877-775-2448 www.MecoFlre.cam ~ MunicipalEc~uip@MecoFire.cam I1T?LRAX BEACH FIRE DEPT 501 W. ATLAN'T'IC AVE DELItAY BEACT-T, FL 33444 ~~PIls~:=' SI S - - ~ -: D6102/11 ~ 9D L,a, ~ _~_ a~ ~[i NET 10 DAYS ~ 01 ' CITY of DELRAY BEACH ACCOUN'1 S PAYABLE 100 I\'.W. IST AVENUE DELRAY BEACH, FL 33444 .~...~_ 1-liEf~N f Sl~lP VfA' T'TiEPAID ~ UPS QUOTE .. : . p.~r~rr~L~E, _- D52844 '.flute. ~'! 641D2/11 ~ ~~, 1 ~. <UD.TFn iSY': DW G2'JL)TF13 7C?: ~ DIVISIQN CT-TIEF CRELTN 11'L'l~?' 1?F_SC!-:fPT1t~P1 L3RnFt2t_„!, L~A,i !'nfL%~ UIv9 fh"ILf~,'Slc rf~~ `, CE 1 EA 1279.200 EA 1279.20 C'VFM rANESVILLE ISODRI V-FOR COAT, 32" LENGTH 7.25 QZ. PBT MATRIX NATUDAL OUTERSHELL K7 LIN1;R CLW209 EVER-DRI WATERWELLS CLW7S3 8" ISODRI OVER-TI-IE-I-IAND KEV7.,AR/NOMEX/SPANDEX WRISTLETS SF227 2.S" STORMFLAP WITH TWO LAYER SELF FABRIC AND ONE LAYER GORE RT7100 PTFE, ZIPPED. IN, 1"HOOD AND LOOP OUT EBS 10 BLACK POLY-COATED ADAMID ELT30W DEINFORCEMENT SC71S 6" OUTERSHELL SI-iQULDI:R CAP DEINFORCI;MEN'I" CC71 I BLACK POLY-COATED ADAMID CUFF REINFORCEMENT CR22S 3" THREE PIECE CONTOURED COLLAR WITH I-IOOK & LOOP CLOSURE {NO TI•IROAT TAB) I3HSfl20 DDAG RESCUE DEVICE FI3P65I 10"X10"X2" FULL BELLOWS POCKETS WITI-I KEVLAR TWILL FULLY LINED ALL 4 SIDES, ONE PIECE 1"X10" LOOP ON TI-IE POCKET AND THREE PIECES 1 "X3.. I-iOOT: ON THE FLAP MTS4$ 1 "X3" SELF FAI3RIC MIC TAB WITI-I POLY-COATED ARAMID INSIDE, LEFT CHEST CT504-PTY 3" VENTILATED LIME YELLOW SCOTCHLITIr TRIPLE TRIM j __ - - - C©NTINUED A Smi.7, #F:}4xsfmn[ F.4alE;4mx MUNICIPAL EQUIPMENT COMPANY, LLC 2049 West Cents! Bn~levard, Orlando, FL 82805 800-228-8448 Fax:877-775-2448 www.MecnFire.cnm -~ MunicipalEquip@MecoFire.carn QUOTE 1J~n i =:r 052844 Dafr ~~ 041©2111 ;-'~3y 2 T~ ~r~ ~ '~ DELRAY BEACH FIRE DEPT CITY OF DEi,i2AX T3EACH n^,?t ~-~ ' I .tyRi] ACCOiJNTS PAYAE&E j 501 W. ATLANTIC AVE '~ 100 N.W. iST AVENUE DELRAY BEACIi, FI, 33444 DELRAX BEACH, I,i. 33444 1~L"i Cf~FfJCF ~! t?:'-'I(~E~ ~ Star' I TCi~cA?:-~ . ~ i ? r-f:~(:GN i Sl i1P 11,~A -°, __ _ ui,'n~rT I 90 NET 10 DAYS 41 PREPAID UPS r;UCITED ~Y' DW c:7!.~ -~ LU i-~?:' ;;` DIViSIQN CHIEF CRELIN ITFf~•f OF SCrf~'TlC?1V ORi7FF,'~U U1~", Yrt'1C;L Ll1r1 ~X1iR~SIC;N IN A VIZ-A-V TRIM PATTERN HL02 STANDARD 5/8" X S-I12" SELF FABRIC HANGERLOOP LTSL3YNS 3" LIME YELLOW SCOTCT-ILITE LETTERS SEWN ON THE YOKE "DELRAY" LTSL3YNS 3" LIME YELLOW SCOTCHLITE LET"T"ERS "BEACH" VI~DIaR "DELRAX" FLSSS4 FLASHLIGHT STRAP, 1.25"X8.S" WITH I"X2" VELCRO CLOSURE, #703 ROOK WITH SELF FABRIC HOLDER I3ARTACKED S" ABOVE THE STRAP, X-STITCHBD TO THE SHELL, RIGHT CHEST, WITI-I THE HQOK AND STRAP AI30VE THE CHEST TRIM MT548 1 "X3" SELF FABRIC MIC TATS WITH PODS!-COATED ARAMID INSIDE, LOCATED I-IALF WAX BETWIvEN THE #703 HOOK AND TI-IE I.2S" X 8.S" VELCRO STRAP LP34 S"XI8" ONE LINE HANGING LETTER FOR PLACEMENT ON THE HEM LPS6 TWO SNAP ATTACHMENT FOR LP34 LPVI3 VELCRO ATTACkiMENT FOR LP34 LTSL3XNS 3" LIME XELLOW SCOTCHLITE LETTERS SEWN ON THE LP34 FOR THE PERSON'S LAST NAMI; PVFM JANESVILLE ISODRI V-FORCE PAINT 1 EA 874.900 EA 874,90 C©NTINUED ~s~. ~ y'~ ':C 'tUll?ANY I.I.C,4"; sU,t~ ~s~s~ F.~~;.t,~ NIUNNCIPAL EQUIPMENT COMPANY, LLC 2049 West Central Boulevard, Qrlando, FL 32895 8D0-228-8448 1= ax: 877-775-2448 www.Mecolyire-corn -~ MunicipalEquip@MecaFire.cam QuvTE fJu+nb~r 052844 T~at~ o4ioznz f~ay~~_ 3 ~h ^ ~~ DELRAY REACH FAZE I7IaPT ~ rift 7b: ' i CI'I'Y OF' IlEI~RA'Y BEACH ~ a7r~ ' ACCOCJN'I"S I'A'A'ABLE 50I W. ATI.ANTiC AVE ~ IOU N.W. IST AVEI~TUE ~ TIELIZAY BEACH, FL 33444 I3EI.,ItAY BEACH, FL 33444 ~ i?Cr~G1's~-idCET? + 'CYff-tom:=' fiT. ~P _; T~F,i?/`; ii'~ I f1-2CIaNT SHlf'"l'!A _ - iu, i ~ ~; 71 ~ 9O NET IO DAYS 0I P~tEPAiII CJPS _ _ C~U~~ fLU ~Y~ Il~l~' I I~iJQTE~ 1YJ: DIVISION CI~IIEF CitELIN l1Ff~? L~fiL:filPrl(~IJ Ui?L)~R~rJ L.fA~ PY.I~`_."L ''(11vT ~}:TCIJ.`i!C?tJ WITH BELT 7-25 OZ. PBI MATRI3C NATURAL OUTERSHELL K7 LINER BI•ISOI3 2" WIDE IC.E'VI:AR BELT WITH 2" SELF-LOCKING TIiERMOPLASTIC BUCKLE WITH QUICK RELEASE MECI-IANISM 13L007 3 BELT LOOPS, 4" WIDE X 3.S" HIGH, 2-LAYER SELF FABRIC, DOUBLE STITCHED TO THE PANT SHELL, BARTACKED ALL FOUR CORNERS FLY217 SEWN ON PANT FLY WITH PJ CROSSTECI-I AND SEMPER DRI, ZIPPER CLOSURE INSIDE WITH I.S" HOOK AND LOOP, 3/4" HOOK t1NIJERNEA"I'I-i PJ CROSSTECI-I FOR LINER ATTACHMENT KP214 BLACK POLY-COATED ARAMID CONTOURED KNEES WITI-I 2-LAYER GIC E-88 FOAM PADDING FC504 BLACK POLY-COATEB ARAMID CUFF REINFORCEMENT I3DP903 IO"XIO"~C2" SPLIT BELLOWS POCKETS WITH 2-LAYER KEVLAR TWILL FULLX LINED ALL 4 SIDES INSIDE POCKET & BLACK. POLY-COATED ARAMID 5" UP OUTSIDE ON THE POCKET, ONE PIECE I"XIO" LOOP ON THE POCKET AND THREE PIECES I "X3" I-IOOK ON THE FLAP LGT000 2 LEATHER LEG TABS PER LEG WITH NON-LOGO FEMALE SNAPS ' -- --- --- ! i I CONTTNUEU ~.~:., ~ ~ ~,COIVIPAi~I'.YyI:LC su,c~ ~c;~i F~~~~~ MUNICIPAL EQUIPMENT CfJMP,4NY, LLC 2049 West Cents! Boulevard, Orlando, Fl_ 32805 800-228-8448 Fax:877-775-2448 www.MecoFire.com ~ MunicipalEquip@MecOFire.com QUOTE . ~ .. r~f~~~r ~,, ~ 05x844 Uat~ ~~ 04/02/11 ,.,; .;: --_ _ + ~~'~^ -rc~ ~I DEI,RAY BEACII FIRE DEPT W!! ~~: ~ CITY OF DEI..RAY BEACI3 ~ ! `.aJ"~o ACCOUNTS PA'f'ABLE ~ 501 W. ATLANTIC AVE I 100 N.W. 1ST AVENUE ,, l DELRAY BEACH, FI, 33444 DELRAY BEACkI, FL 33444 PI F:~ F Id 'F r; I 1 .~ 1'i "-.' ' Sf Ste' T~RI!A~ ~ 1L'1-f f i;C1G1 f7 ~~.'Hlr`';s. 'q ~: 0:~ii)Z ~ 1 90 NET 10 DAXS OI FREFAID UPS C,~21t?T.F?? P`r'. ~ I)«' ~ (.3t1ClTF1? T;j~ ~ DIVISION CIIIEF CIZELIN i _ I1 Ll + l3~SC:F:'ll'TlOIJ _. E)Rf?FF~~f~ ' UI.F r- PTC4-PTY 3" VENTTLATIaI3 LIMB YF.I.,LOW SCOTCHLITE TRIPLB TRIM AROUND THE CLIFFS PM0542 BOOT CUT PANT LEGS RP84$ KLEIN TOOT., POCKBT LOCATED ON THE SIDE OF THE RIC7IIT LEG I" ABOVE THB CUFF AND THE TOP OF THE POCKET TILTED 2" FROM CENTER TOWARD THE BACK OF THE PANT ~~ f IhA ~ U: l ~PJSly?J ' SR842M JANESVILLB 40 V-BACK QUICK 1 EA 53.950 EA 53.95 ADJL33T SUSPBNI~ER WITH METAL LOOPS IN TIIE FRONT AND BACK, RED WITH BLACK PAI]DTNG PRICES QUOTED INCLUDE FREIGHT h~~r~cxarYnls~ l n^tsc TAx ~r•.Fi~ri~,~, TOTAL - 2208.05 - - - - -- - -- ' -- - - .00 ~ .0~ .00~ 2208.05 THIS QUOTE IS VALID FOR DAYS Smith, Douglas From: Falcone, Joseph Sent: Monday, May 16, 2011 2:37 PM To: Smith, Douglas Cc: Connor, Danielle Subject: FW: Municipal Equipment Company Agenda Item Hi Doug, Here is what I received back from the company regarding the information requested. Let me Know if this works. Have a good day! Dale West from MECO writes: (Joe, Tfte quote we seat is in accordnr~ce with the Lake County Contract# CT07081IC~ T/te list price on the coot rs ~'79h8.00, list price on tJte pmtt is $1315.00 rrsxl the list price on the suspender is $83.00. The Lralze Cotnrty co~ttrnct is list - 24%. I rlirl miss updrrtin~~ the pant price when 1 upd~rted the rest of the quote. The cw~rectprice shouhl /zrrve been $901.00. Since I ulre~uly quoted the price of ihepant ~r1 ~c474.9U, we will honor this price. Please let me know if~you need nnv ollrer ~tdtlitional inforrnrrtiort. 77rairks) Thanks, Joe Falcone Acting Division Chief of Training and Safety Delray Beach Fire Rescue (561)243-7414 Falcone@mydelraybeach.com From: Smith, Douglas To: Connor, Danielle Sent: Fri May 13 09:33:17 2011 Subject: Municipal Equipment Company Agenda Item Danielle, Patsy was checking something for me on the purchase award to Municipal Equipment for the bunker gear, but she is out of the office today. Can you have the company confirm in writing that the pricing they are giving us is in accordance with Lake County, FL contract number CT070811C5. We had a previous purchase from Municipal Equipment Co. last year; some of the pricing this time is the same, but some is different: Item Number 7/2/10 quote 4/2/11 quote CVFM $1,242.15 $1,279.20 PVFM $874.90 $874.90 SR842M $51.35 $53.95 Can you ask the company about the change in price? From what I understand from Patsy, their contract had a increase allowed, but I would like to know why some items increased, but one did not. Also if they could provide the pricing pages and price increase provisions from the Lake County, FL contract, that would be great. If you have any questions, please let me know. Thanks, ®oug Smith Assistant City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7144 Fax: (561) 243-7199 Email: smithdCa~mydelraybeach.com Web: www.mydelraybeach.com Follow CityDelraxBeach on Twitter ~~. F I., t_) ~2 1 La A. 3Vf (IT~TT~ TC~' A TT(~N (~F r",C7NTR A C;T 1. I~Todi£ication No.:,,~"~ ~ 2. Contract No.: CT070811C5 Effective Iaate: September '1, 2010 Effective Date: March 8, 2007 3. Contracting Officer. Roseann Johnson 5. Contractor Name and Address: Tele ~~hone Numlacr: (352 343-)765 Municipal Eduipment Co., I LC 204c) yY~'. Central Blvd. 4. Issued I3y: (7rlando, Florida 32805 Procurement Services Labe County Admii~ustration Building Attn: Dale ~~G'est 3"15 W. Main St., Suite 416 T~:,Tars, T~lortc a 32778- ). 6. SPL,CIr~I, INS"T'RUCTIONS: Contractor is rcgnired to sign Black 8 showing acceptance of the below wiittcn rnoditieation and retui-~z this form to adclress shown in 131oc1~ 4 within ten (101 days after receipt, preferably by certified mail to ensure a system of positive receipts. Retain a photocopy o£ the signe d copy of this modification and attach to original o£ contract, which was ~reviousl , ~rovicled. 7. I7ESCR.TPTION OT' l~~TODIhICATI(JN: To extend contract an additic7nal one ('1) Year expiring on Marc1~1 31, 2012. ~" ~ 8. ~~.w Cot~itractor' Sigl~<it~ir~ ;~EQUTI2ED 9. Labe Couzlt~r, I^lorida ~~~, .__ _a ~ ~ y~ r ~ ~ ~~~ ...~. ~....~ ~~ ~i , ;` - ~ , ' ~ hitle. ~ Sei~ic>r (:onr~actiilg OI licer .,.~ r;; ~rc,,,,,~~µ . - i i Date: ~' _ - -t -r- _ „ ._ Date 1.0. Distribution: Criginai -Bid hlo. C"I'070811C5 Copies -Contractor COT1traCtlilg C1fly1C(:r I> ~) 130; '7f~~l~J W 31 ~ `~'. Mr~IN ~;"1~., ~f ~ ~~a,1 1..7:?'7°74s t'' '<~A~ ~ ~ , ,, 357.:x-V:~-~)~17;~ ('nrrrrrt~ C'rrrrr ~ s . ,rti~~ou rfakec~e~trrrrafr 1 [ Pad PSI I I di IZ k { I [. L. f: t. A 1 h~i L I~t k: ~I I ~', l~ ~ I :v9 MY C:. (~ ~d ~`~ Ili {t 1. f Cv l7 A S "1' E4'JA ttT W ~ L"f C) ht t;. CA C7 \N E t.l. L;>lstric l J 17i.strictw? 17i.sCricE ;3 J7r.Mtr'ltt ~~ I)rstr~rct .5 m 0 m a U U w w H H ~ ~ a a ~ a W ~ W z w ~ z w ~ z ~ z ~ z U ~ z ~ z W W °° z U U U v ~ v H z H z H~ H H~ H H z~ z ~ ~ ~ ~ x x w w v ~ b 'b N ~' N ti N N ti V V V N N V ~i N N ~ ti r N ~ r c3 Q ~ ~--i ~--i ~--i ~--i N v a 4J w N N N N ~ x v s '-" ~ ~ ~ o ~n o ~n ~n ~n ~n ~n O o ~ vx ~~ ~~ ~~ ~~ a v "O O O N N O O ~ 0 0 ~ ~ m 0 U m r-l w zo ~ o 0 0 o CC N o 0 0 0 0 0 0 0 0 0 .. ~ ~' O O O O O f~ + O O O O O O O O O O O O U Q M N ~ Q rn Q ~ N O N ~ N N V ~ V o U N ~ Ul ~ ~ N N N ~ ~ ~ M r ~ O O O O O O O O O O O A ~A ~A ~~ ~~ ~ ~ A~ OA ~ ul O V N V O O O O O O V O ~D U O O m \ \ \ \ \ \ \ \ \ O \ \ G1 r a-y N O O ati ati ati ati N I-~ O O O ati ati ati O O O O O m '~ A A A A U <n U U U °v ~ M a H U x v ~ ~~ A. v o ~ o m W a ~ ca x U o b cNa x v v x ° t6 O x ~ '3 x '~~, '3 x b v ~ ~ ~ b x v ~ Q ti ~ m ~, ~ ~ ~ _ C I~ x v ~ x MEMORANDUM TO: Mayor and City Commissioners FROM: David A. Boyd, Finance Director Richard Hasko, Director of Enivironmental Services THROUGH: David Harden, City Manager DATE: May 31, 2011 SUBJECT: AGENDA ITEM 8.R.4 -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 PURCHASE AWARD/HECTOR TURF ITEM BEFORE COMMISSION City Commission is requested to approve award to Hector Turf for the purchase of one (1) Toro Groundmaster 7200 with 62" Recycler Kit for Utilities Maintenance in the total amount of $16,664.26 per quote dated 05/19/2011 via the Florida State Contract #760-000-10-1-1, effective 04/28/2010 through 06/30/2010. BACKGROUND This mower will be a replacement for the existing mower utilized by the Utilities Maintenance Division. The current goundmaster has exceeded its life expectancy by 8-10 years and is in very poor condition. Parts and repair is becoming very time consuming and costly. This mower will serve as a backup mower for replacement parts when repairs are required on other equipment of the same type. FUNDING SOURCE 441-5143-536-64.90 MACHINERY/EQUIPMENT /OTHER MACH/EQUIPMENT RECOMMENDATION Utilities Maintenance staff recommends the award to Hector Turf for the purchase of one (1) Toro Groundmaster 7200 replacement mower including attachment kit for the total amount of $16,664.26 per quote dated May 19, 2011 via the Florida State Contract #760-000-10-1, effective 04/28/2010 through 06/30/2012. ;~ ~ .r ;. - I [ ~ -~ J. k 1301 N.\v. THIRD S'I'ItE1:T I DI;ERFIELD I3EACP, FL 33442 TEL: (954) 429-3200 ~ FAX: (954) 725-6701 Quotation PI•ovided for City of Delray Beach May 19, 2011 Qtv. Model # Descri ~tion Unit Price 1 ea 30362 Taro Groundsmaster ?200 Heavy Duty $20,730.00 Zero Turn Mower lvith: - 28 HP Kubota Diesel Engine - Direct P.T.O. Drive - 62" Base Decl: - 2 YeaE• Limited Warrant Toro 62" Rec cler Kit $364.00 Subtotal $21,094.00 Florida State Contract Discount (21 %} 4,429.74 Total $16,664.26 PI•icing der Florida Skate Con#rac# # 760-000-101 Pffective 4/28{10 - 6/30/12 Note: y Issue purehlsc order to Wesco Turf, Tnc. Shi ~IIIeIIt and sea•vicc via Hector Turf Provided b}r: Chris Fordj~ey 954-429-3200 7G0-000-10-1; Consh~uction, Industrial, Agricultural, & Lawn Equipment I Purchasing Bu... Page 1 of 2 My~loridal~ome Contact DMS Site Map Notification Settings Notify M_e De artment of Mana ement Services > Business Operations > State Purcha_ sing > Doing Business witY~ the State of i~lorida. > Purchasing Bulletin Board > 760-000-~.0~1; Construction, Industrial, Agricultural, & Lawn equipment Posted : 04/29/2010 i;dited: 04/29/2010 Message State Term Contract No. 760•-000-10-~.; Construction, Industrial, Agricultural, & Lawn Equipment has been established. The new contract is in effect April 28, 2010 through June 30, 2012, with options for renewals. In order to release the contract to our customers in the fastest manner possible, we are initially releasing the complete contract documents (Sections 1.0 through 7,6) to the state term contract website, and will update the Section 7.1, Price Sheet & Ordering Instructions internal links to the individual Ordering Instructions and Authorized Price Lists (MSRP Lists) over the coming days. We estimate having all Ordering Instructions and Authorized Price Lists (MSRP Lists) completed during May 2010. Once completed, we will update this notice. Thank you for your patience. If you have any questions, you may contact the Contract Manager, Christopher Walker, at (850) 488-7540. Link: 760-000-~.0-1 • Construction Industrial A riculturai & Lawn ~ ui meat Search DMS • State Contracts A reements and Price Lists • Doinc~Business with the State of l=larida http:llw«~w.d~ns.myflo~•ida,carn/businessoperations/state~urehasing/doing Business wit... SI2f/2011 c Q .~ w 3 .~. rn N 7 U C 0 .~ N G Q q d m h ~N ~ ~ "5' ~ ~ ~ ~ v ~ ~ a ~j- W V Y C Y C Y C Y t Y C Y C Y C " f% ~ W ~ ~ ~ ~ .Ll ~ ~ ...7 O d 0 0 0 0 0 Q . . J 1 J J J ~ .J -. .~ VD yy U ~ LOJ ~ y V Q~~ Q U ~ '-- Il l ~ d Y [l. t1. C4. R. CL d .. . ~ a N J N N N N v pp • N I.: V~ ~ ~ J L 0 0 ~ O O v} Q 47 ~ Q Q Q Q Q ~ F'E-' ~ a J © o o ~- -a v v a ~ o o o o o o w ° o o o o ~ ~ N •o ~ ~ ~ ~*3 N ~ o N N N V1~ Q r ~ ¢ 4 ¢ O ¢ O ~ O r 1 O O ~ O 0 ¢ Z Z z O O O Q O F ~" o Q. 2~ CL ~ p o ° o ° a v S6 v (0 Q ¢ tl ~ N n ° ¢ o o Q n Q Q Z p Z Z ~ ~ N ~ o r ° ~ E ... ~--~ ~ O Z Z Z Z ~ ~•- ~ ~ - On'wa z ~ ~ W o ° o o Q u Q o Q 0 o o ° a a ° \ ° o f l1 ~ ~ ~~ a~ V o ~ ° cc..~~ O O d o N o N o N o ~ o ~ o "' ~(~ ~ u1 N Z Z Z N . O ~ ~ o2f N ~ ~ ~\ ~ o o ~ Q ~ ro o o o ~ °rt~~ a Q0. N O O ° Q Q o u> o o o o ~ ~ O N N N N N ~ c V ~ f V ~_ .-, ~ Z Z Z ~ ~ O L Q ~' d Q. o z .N • z ' ; ~ _ - . qO ~ U c y } o , a •N o ~ v ~ c : N z ~ ~ ~ .? 5 ~ ~ O C O {) d .J ~- O U Q `m E ~ ~ ~ 3 ui d U c0 ~ m a ~ ~ ~ Q ~ ~ a ~ ~ ¢ ¢ ¢ ~ _° ~ ' O O O ~ E 0 ~ x ~ c 0 ~ [ dd t0 In C Q Z Z Z d ~ U ~ VJ L3 l1.. p 1~ 7 ~ 0 ZZ F- a l3: ~ ~ ~ N ~ ~ Q u. E t- C ~, Q} ~ o ~ ~, > w ~ n '° x °' ~ y ~ ~ ~ ~ ~ c~ c o ; ro o ' ~ U 1~ oD ~ ~ 7 ~ Z r N M d ( ~ ~: cu - ~~.r--~ ...:___..._. . fir. ~C,~(, t~~P~ar~Er~r ~r raAr€ncr~r~r~r~r ©;visrun of Slate Purcnasin& ~E~SU Es~aranade~Nay. Suite 36U Tallahassee, Florit~t 3739`3•€3~5U Tel: 850.~1f1 B.II•t~ [3 Lax: &SU.~ I ~#•b 122 ~~1t^N.ci~r;s.f'lyf loric}a.carn Gave rnc3r Charlie C.r-ist CERTlFlCATlON OF CONTRACT TITLE: Constructinn, Industrial, Agricultural, & Lawn Equipment CONTRACT NO.: 760-000-10-1 ITB NO.: 03-760-000-S EFFECTIVE: April 28, 2010 through June 30, 2012 CONTRACTOR{S} {REV 11 JUN 2010}: Seer°etary Lindi H. Snsath ADM Ventures, Inc. dba Yale Lift Trucks of Florida & Gecrgia (A) Alamo Industrial dba Alamo Sales Corp. {A) American SportWorks LLC {A) Ariens Company -- Gravely {A) Barloworid Handling LLC (A) Best Equipment & Repair Inc. {A} Bobcat Company {A) CNH America LLC (A) Construction Sales & Service, inc. (A) Excel Industries Inc. dba Hustler T urf Equipment (A} Florida Outdoor Equipment, fnc. (R) Glade & Grove Supply Co., inc. (A) Golf Ventures {A) Gradall Industries, Inc. {A} G S Equipment, Inc. {A) Gulf Coast Turf and Tractor LLC dba Gulf Coast Tractar and Equipment {A) JCS, Inc. (A) John Deere Company --A Division of Deere & Company (C&CE Division) (A} John Deere Construction Retail Sales (A) Kelly Tractor Co. (A} Komatsu America Corporation {A) Live Oak Lawn Supply, Inc. (R} Magic Circle Corporation dba Dixie Chopper {A} Nortrax Equipment Company SE LP (A) Ring Power Corporation (A) Roberts Supply, Inc. (A} Robinson Outdoors, Inc (A) Sarlo Power Mowers, Inc. (A} Stihi Southeast, Inc. (A) Superior Tractor Company (A} Suwannee River Kubota LLC {A) Tiger Corporation (A) Trekker Tractor, LLC (A} Triple D Equipment, Inc. (A) tJ.S. Shoring & Equipment Co. {A} ~Wesco Turf, Inc. {A) We serve those who serve Florida. ~~~,~. a; r~ ~~ ;, , ±L~ E ~ ~ ` ; °;_,; ~ .:~ # s~~ Mil)' 19, 2011 Mr. Milton Willittgltatn Ciiy of Delray Beach 320 S. 'ULT. 4t~' Stt•eet Delray Beach, FL 33444 Dear Mr. Willingham; 1301 N.1V,1'H1RD STR~I;T / DEF,RFI~LD 13RAC~t, FL 33442 TFL: (954) 429-3200 • FAX: (954) 725-6701 Via E-trail: ~i~illitt~hattt c~~~ti.~s•ayl~each.eoni We are pleased to offer the enclosed quotation for your cansidet•ation: The enclosed quotation is based upon your acceptance ~vitltitt thirty (30} days from the date of this letter and is subject to manufacturer's availability and Florida State Sales TaY (if applicable}. Our terms of sale are Cash on Delivery or upon credit appt•oval, Net 10 Days. No credit card payments on equiptneEtt purchases. Thank you for the opportunity to provide you a quotation. If you have any questions or require additional information, please contact ire at (954) 4293200 Est. 310. We appreciate your interest and look fot•ward to doing business with ~rou. Si~tcerely, HECTOR TURF '-/ .~-'~ "` ~ ~-- ~r Chris T`ordney .% Account Representative Government & Municipals CF:msm Enelastlre ~ ~: `I ~'';~ ~- _ 1301 N.l~'. TI IIRD S'1'ItEE'1' 1 DEIJRP[El.[3 BEACH, FL 3342 Y ~ TEL: (95d) X129-3200 ~ FAX: (951) 725.6701 I+larida State Contract Orcleriu~ Process l . Purchase order must be oracle out to Wesco Tr~rf, Ino. and reference Florida State Contract #760-000-10-1. 2, Purchase orders may be eitl~er faced of mailed to the following. l{ax to: Wesco Turf, Inc. Attn; Ms. Sondra Cay Fax# 941487-6839 Faa# 94I~371-2967 Mailed to: Wosco Turf, Inc. Attn; Florida State Contract 2101 Canto Court Sarasota, FL 34232-6241 3. Once the purchase order is received by Wesco Turf, Inc., the ptn•chase order will be forwarded to tl~e appropriate distributor to process and delivel•. Please note that all ser~•ice and warranty repairs will be provided by the delivering distriblttar. 4. Invoices will be mailed to customers and payment should be made to; Wesco Turf, Inc. 2101 Cantu Collrt Sarasota, FL 34232-6241 Nate: I'ailurc to follow this procedure nta~~ result in clcla~~ of dclive~y. ~ ~ N N ~, w w ~ Q }i rA r3'i w H a W Q U ~i H a ~'-~ N ri ~ ~ lb .-I O O pS U n ~O ~ O~ LYi N pRgS Q+ E-~ w ,7, ~W o ~ ~ a ou H E-~ H Ha a. cn ~w o J 'J ~ ~ ~ P; ~ ~; o N w w w ~ ~ r!]',Z~ rJi ~o w U E-j v] z7 HW ~ pi U] R: u] U z r~ H ~ ~ H ~- i H H a a i~ H CU O O H ~ °a N O ~ H a a H x N N M O (Yl O O i ~ l0 O o n N O d~ 41 '~$' M ~o N ~n n r~ tr to O V' t0 N ri o O o b b C7 O O O O O O O d' H M l0 n M 0 N o a w 0 o n ~t ~ m N W d~ n O M H n i i a M ~ ~r ~ N O ~ {J .-. o H '.7 ri ~ O ~ ~ N ~~ w ~d A u i P; t o H M7 `~" w N r .--r H rQ '~ ~k M W ~ z ~ ~ ~~ ~ U p,t-i 7 ' ~w 1~~'+o o N C WC ~ ~ ~J r~ Qow ~ z~~wa ~mE+~ N ~ r-~ o ~ ~ H r a E-+ cn ,-~ z ~: n ~ ~ HtrlH'F7'iS' a ~ H Y H ~pH A U a' twfi HMF -1W ', . . O r[ HH Ca ~ ~ ~ ~~~ ' uW ~ O ~~ T ia ~ ~ ti7 oo rL ~ + ~~ 'T+ i4' U1~ tnw~+Qww w~E-+ + U , ~A ~ ~NOE-iqH c 1 rl •• •• w ~ ~ KCO , ~ O ~ ~ V1H OW ~ H tA ~ ~ WOP; ~ UORa C7~ E-+~ O ~ `Ot~ ~ . ~ ~ ~ a'7.at01-IN Fi,-.7FE P Pi WP:f+ OHNA~DN .'€.W-~UU1 p r.~aWW ~~ ~ ~ ; ~ ~ us~t-~ ~+ r~~ aw ,-a N K1 O ~/~ O H ~-i N '~" a w u~ H 4 O d' iD ~O O n N O o d' ~ W [+1 lO N lO [~ M V' ~D O ~1+ t0 N ri i i i i i ~ i O i H i ~ i i ~' O O O O O O a1^ O O O O O O rl r I rl i a, i H p rU~l r~ h a i H E-i z p U U E~ H H zwzw~w w~w~w~ ~a~a~a aHaHaH H '~ H "F3 H '~7 ~~~~~~ o~wawaw w~w~w~ ~x~x~x ~~~'~~~ HrY,HRiHp: u~~xUx ~o~o~o O O O Q1 Ql 6~ d~ d' d' lD lD 1D lb 1A lD M M M N lfT ttl E1 f'"1 [+'f (*1 ~r ~r w rt ~ ~ p Li 1 N lSl U .-t H rl U~ ~ w ~~ ~ ~ ~~ w zH N M H ~7 w `J'~ H W H z U r~ E-5 z H H 7 p H H H H a+ a O rx a ~i p H O H O U N [~ ~ ~ H ~ A O a W O ~ r~ MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: May 31, 2011 SUBJECT: AGENDA ITEM 8.R.5 -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 PURCHASE AWARD/AG-TRONIX ITEM BEFORE COMMISSION Approve purchase award in the amount of $49,395.92 to Ag-Tronix to continue computerization of irrigation systems to the remainder of the parks, medians, and public facilities. BACKGROUND Several years ago Parks and Recreation Department implemented the computerization of the irrigation systems throughout the city. Since that time new and improved irrigation control systems have come into place. This purchase award to Ag-Tronix will continue the computerization of irrigation systems to the remainder of the parks, medians, and public facilities as well as upgrade the current system for continued communications with the new system. The following quotes are for six different areas; South Beach Irrinet M25 Double Door Enclosure- $9,595.32, South Beach Irrinet M24 Single Door Enclosure-$8,665.32, Atlantic Dunes Park-$7,673.82, East Atlantic Bridge-$7,673.82, Old School Square-$8,113.82, City Hall-$7,673.82. Ag-Tronix is a licensed Motorola Value Added Reseller of Mororola Irrigation products in the Southeast and is the only full service Motorola Dealer in Florida. Total cost of this project is $49,395.92, and funding will come from the Capital Improvement Program. FUNDING SOURCE Funding is available from 119-4151-572-64.90 (Machinery/Equipment/Other Mach./Equipment). RECOMMENDATION Parks and Recreation recommends purchase award in the amount of $49,395.92 to Ag-Tonix for the purchase of six Motorola Irrigation Control Systems. riw:~ 1 ¢a~,. July 23, 20Q9 To Whom It May Concern: Re: Agtronix X15$@B' ~15~61~"1~~N'~9C Beacon International, loc. is the exclusive North American Master Distributor for Motorola Irrigation Products. All Motorola Irrigation Products are sold by SeaCon through Motorola Irrigation Value Added Resellers (VARs). During the last decade, Motorola has been heavily involved in building a new enhanced Value Added Reseller distribution channel to better serve the irrigation and end users. During this journey, many of the advancements could not have been achieved without the dedication and support of Agtronix. Agtronix is a licensed Motorola Value Added Reseller of Motorola Irrigation products in the Southeast and is one of our highest performing VARs in the United States. The relationship between Agtronix and SeaCon has been mutually beneficial from both a technological and economic standpoint. Agtronix operates under a professional business ethic and very high standard of quality, backed by a resolute commitment to customer service. Because of these qualities, SeaCon and Motorola favor doing business with Agtronix. On behalf of SeaCon and Motorola, i would like to submit that Agtronix is highly capable in designing, deploying, and servicing installations of Motorola irrigation equipment. l am convinced that trey are uniquely qualified to provide unsurpassed irrigation systems in their area of operation. Should yc~u have any questions, please call me at your convenience (61.504.5174 Cell) or email me at aviseacontrol,r~et. RespectfEaily submitted, . Avi Komorov Business Manager P.O. Pox 34~J 863.913.1150 502 C.R. 640 E. 863.428.8036 Fix MuEt~erry, FL 33860 866.541.Q929 Tol€ ~re~ ~•~, ~P~CIALI~i~iG 1N M~TQRO[..A !RR}GATIf3N Ct1NTROL SYSTEMS 1304 N 15th St, Immol<alee, FL 34142 Qff.239-657-5519 Fax: 239-658-2474 11~lWld! ~9J.A~;~rcar~€x.cbm June 1, 2f~11 To wham it may concern; Ag-Trbnix, lnc. is the only full service Motorola Dealer in Florida. We have been in business far 17 years servicing the Agricultural and Turfi Industries. We keep a diverse inventory and maintain constantly trained staff of technicians and engineers. Should you have any c{uestians on what we can db for you please give us a call. Best Regards, ~~~ ~~~ Sam Corns, M5 Vice President.. Ag-Tronix, lnc. 239.657.5519 office 239.$25.5647 cell AG~~ SPECIALI;iING IN ~IOTGROLA IRRIGATION CQHt'ROL SYS'lEM6 1.304 N. 15th STREET LMMOKALEE, ~L. 34142 239-657-5519 I CUSTOMER NAME I City of Delray Beach Parks & Rec. lOfl NW lst Ave. Delray Beach, Fl, 33444 QUOTATIONIPROPOSAL DATE QUOTE N0. 5123I2U11 1950 TERMS REP SHIP VIA PROJf"CT Net 30 SLC South Beach ITEM DESCRIPTION QTY PRICE TOTAL South Beach Ia~•inet M 24 Station AC and Accessories in SS 24 Double Door Enclosure , l - IRRINET M AC 24ST W/i U13F CDM750 Radio F4S60A iRRlnet-M AC 12 DO and 4 DI, Without Radio I 9,595.32 4,545.32 ADD AC 4112110 Expansion Kit CDM750 Radio 403-470- MFiZ-(QtS~ 1) CDM Radio Installation Kit for Nloscad- (Qty 1) Power supply, switchurg, in:85-264 VAC, out:l2vDC, 12,SA, 150W (Qty 1) 115V - 24V, 75VA Transformer for Irrinet M (Qty 1} 5mge Protector AC 4in/12out (Qty 2) laeviton Surge Protection (Qty I) GFI wlSwitch and Cover Leviton (15Amp)(Qty I) Single Gang Box (Qty 1) Yagi Antenna 450-470 UFIF 7.1db (N Female) (Qty I) Antenna Extension Pole {Qty 1) SS Enclosure DD 24W X 36H 24D (Qty 1) SS Pedestal 24W X 12FI X 20D (Qty I) Assembly & Burn In Bermad 400' Series 2" Hydrometer, Magnetic Drive, 24V AC Sol, I`IC, '1'lueaded Globe, 1 Pulse/l OGaI (Qty 3) Thank ynu for your business. TOTAL $4,545.32 QUOTE GOOD FOR 60 DAYS. Sam~ag-tronix.com W W W.AG-TRONIX. COM ~. Sp~clal~~in~ Ili Nornso~~ [I;RIOarION Cnl~rxal. 5Y5r>r~ls 1304 N. 15th STREET IMMOKALEE, FL. 3414? 239-657-5519 CUSTOMER NAME City of Delray Beach Parks & Rec. 100 NW ] st Ave. Delray Beach, FL 33444 DATE QUOTE NO. 5124120] 1 1951 TERMS REP SHIP VlA PROJECT Net 30 SLC South Beach ITEM DESCRIPTION QTY PRICE TOTAL South Beach Irrinet M 24 Station AC and Accessories in SS 24 Single Doer Enclosure ~ l l ~' ~ c ,~ ~,,~~ F~~ti ~ 1-IRRINET M AC 24 STATION WI 1 UIIF CDM750 Radio F486UA IRRInet-M AC 12 DO and 4 DI, Without Radio (Qty 1} 1 8,665.32 8,665.32 ADD AC 4112 110 Expansion Kit (Qty I) CDM750 Radio 4U3-47©MHZ (Qty 1) CDM Radio Installation Kit far Moscad (Qty t ) Power suppty, switching, hi:85-264 VAC, out:l2vDC, 12.5A, 15UW (Qty 1) 115V - 24V, 75'VA Transformer for Irrinet M (Qty 1) Surge Protector AC 4ii~/12out (Qty 2) LevitOn Surge Pratection {Qty 1) GFI wlSwitch and Cover Leviton {i5A1np)(Qty I) Single Gang Box [Qty 1) Yagi Antenna 450-470 UHF 7.ldb (N Female) (Qty lj Antenna Extension Pole (Qty 1 } SS Enclosure 24W X 36H 12D (Qty I} SS Pedestal 24W X 12H X lOD (Qty 1} Assembly & Burn In Bermad 9(f0' Series 2" 1-Iydrometcr, Magnetic Drive, 24V AC 501, NC, Threaded Globe, 1 Pulsell OGaI (Qty 3) TOTAL $8,665.32 QUOTI/ GOOD POR 60 DAYS. QUOTAT~ONIPROPOSAL Sam a ag-tronix,com WR~rV.AG-TRONIX.COIvI ~~ ~ SPEC1kflllNG IN MG'iGRGI.A IRRIGATION CoNTRGt, SYSTEMS 1304 N'. 15th STREET IMMOKALEE, FL. 34142 239-657-5519 GUSTOMERNAME I City of Delray Beach Parks & Rec. 100 NW 1st Ave. Delray Beach, Fl. 33444 QUOTAT~ONIPROPOSAL DATE QUOTE NO. 5/24/2011 1952 TERMS REP SHIP VIA PROJECT Net 30 SLC Dunes Park STEM DESCRIPTION QTY PRICE TOTAL Dunes Park- lrrinet M 24 Station AC and Accessories in 5S 24 Single Door Enclosure 1-IRRINET M AC 24 STATION WI 1 UHF CDM750 Radio F4860A 1RRInet-M AC !2 DO and 4 DI, Without Radio (Qty 1) i 7,673.82 7;673.82 ADD AC 4112 I/O Expansion Kit (Qty I} CBM750 Radio 403-470 IvII1Z {Qty 1) CDIV1 Radio Installation Kit for Moscad (Qty 1) Power supply, switcl}ing, iu:85-264 VAC, out:l2vDC, 12,5A, 150W (Qry 1) 115V - 24V, 75VA Transformer for hrinet M (Qty 1) Surge Protector AC 4in/12out (Qty 2) Leviton Surge Protection (Qty 1) GFI w/Switch and Cover Leviton (15Amp)(Qty ! ) 5inglc Gang Box (Qty 1) Magi Antenna 450-470 UHF 7.Idb {N Female) (Qty 1) Antenna Extension Pole (Qty 1} 5S Enclosure 24W X 36H !2D (Qty 1) SS Pedesta124W X 12H X 1 OD (Qty 1) Assembly & Burn In Bermad 900' Series 2" Hydrometer, Magnetic Drive, 24'V AC Sol, NC, Threaded Globe, 1 Pulsell OGaI {Qty 1) TOTAL $7,673.82 QUOTE GOOD FOR 60 DAYS. Sam(a~ag-tronix.com WWW.AG-TRONIX.COM ~.~ :: 9PEO[AI~ixING IN MOTDROLA IRRIGATION COHTROI, SY5TEFi5 1304 N. 15th STREET IMMOKALEE, FL. 34142 239-657-5519 CUSTOMER NAME City of Delray Beach Parks & Rea 100 NW 1st Ave. Delray Beach, F`l. 33444 C~UOTATIONIPROPOSAL DATE QUOTE NO. 5124120].1 1953 TERMS REP SHIP VIA PfZOJECT Net 30 SLC East Atlantic Bridge ITEM DESCRIPTION QTY PRICE TOTAL East Atlantic Bridge- Irrinet M 24 Station AG and Accessories in SS 24 Single Door Enclosure 1-IRRINET M AC 24 STATION WI 1 UI-IF CDM750 Radio F4860A IRRinet-M AC l2 DQ and 4 DI, Without Radio (Qty 1) 1 7,673.82 7,673.82 ADD AC 4112 I/O Expansion Kit (Qty 1) CDM750 Radio 403-470 MHZ (Qty 1} CDM Radio Installation Kit for Mvscad (Qty 1 } Poway supply, switching, in:85-264 VAC, out:l2vDC, 12.5A, 150W (Qty 1) 115V - 24V, 75VA Transformer for Ixrinet M (Qty !) Surge Protector AC 4in112out (Qty 2) Leviton Surge Protection (Qty 1) GFI w/Switch and Cover Leviton (I5Amp}(Qty 1) Single Gang Box (Qty 1) Yagi Antenna 450-470 UIiE 7.ldb (N Female) (Qty 1) Antenna Extension Pole (Qty 1) SS Enclosure 24W X 36H 12D (Qty I) S5 Pedesta124W X I2H X lOD (Qty 1) Assembly & Burn In Bermad tI00' Series 2" Hydrometer, Magnetic Drive, 24V AC Sol, NC, Threaded Globe, 1 Pulse110Ga1(Qty 1) Thank you far your business. TOTAL $7,673.82 QUOTE GOOD FOR 60 DAYS. S am~ag-tronix.cam VS~W W.AG-TRdNiX. C OM ~ .~~-- SPECIALIZING IN MOTOROLA IRR[GATION C6N1'ROI. S]fSl'Eh18 1304 N. 15th STREET IMMOKALEE, FL. 34142 239-657-5519 I CUSTOMER NAME I City of Delray Beads Parks & Rec. 100 NW I st Ave. Delray Beach, Fl. 33444 DATE QUOTE NO. 5/24/2011 E954 TERMS REP SHIP VIA PROJECT Net 30 ST.C Old School Square ITEM DESCRIPTION QTY PR1GE TOTAL OId School Squas•e- Irrinet M 24 Station AC and Accessories in SS 24 Single Door Enclosure 1-IRRINET M AC 24 STATION W/ i UHF CDM75U Radio F4860A IRRV~et-NI AC 12 DO and 4 DT, Without Radio (Qty 1) 1 8,113.82 8,113.82 ADD AC 4112 ll0 Expansion Kit (Qty l ) GDM750 Radio 4D3-470 MHZ (Qty 1) CDM Radio Installation Kit for Moscad (Qty 1} Power supply, switching, in:85-2b4 VAC, out: ].2vDC, 12,SA, I50W (Qty I) 1 i SV - 24V, 75 VA Transformer for Irrinet M (Qty 1) Surge Protector AC 4ie~/12out (Qty 2) Leviton Surge Protection (Qty 1) GFI wlSwitcfs and Cover Leviton (15Amp)(Qty 1) Single Gang Box (Qty I) Yogi Antenna 450-470 UHF 7,Idb (N Female) (Qty 1} Antenna Extension Pole (Qty 1) SS Enclosure 24W X 36H 12D (Qty 1) SS Pedestal 24W X 12H X i0D (Qty 2) Assembly & Burn In Bermad 900' Series 2" Hydrometer, Magnetic Drive, 24V AC Sol, NC, Threaded Globe, 1 Pu1se110Ga1 (Qty 1} Thank you for your business. TOTAL $8, I I3.82 QUOTE GOOD FOR 60 DAYS. QUOTATIONIPROPOSAL S am a ag-tronix. com W W W.AG-TRONiX.COM SPI;c4ALIIING IN MOTOROLA IRRIGATION C4NTRGL SY5TFM6 1304 N. 15th STREET IMMOKALEE, FL. 34142 239.657-5519 CUSTOMER NAME City of Delray Beach Parks & Rec. 100 NW 1st Ave, Delray Beach, FI.33444 DATE QUOTE NO. 5/24/2011 I955 TERMS REP SHIP VIA PROJECT Net 30 SLC Cty Hall ITEM DE5CRIPTION QTY PRICE TOTAL City Hall- Irrinet M 24 Station AC and Accessories iii SS 24 Singly Door Enclosure 1-1RRINET M AC 24 STATION W/ 1 IJHP CDM750 Radio F4860A IRRInet-M AC 12 DO and 4 DI, Without Radio (Qty 1) 1 7,673.82 7,673.82 ADD AC 4112 I/O Expansion Kit {Qty 1) CDM750 Radio 403-470 MHZ {Qty 1) CDM Radio Installation Kit for Moscad (Qty 1) Power supply, sv,~itching, in:85-264 'VAC, out:l2vDC, 12.SA, 15UW (Qty l} 11 SV - 24V, 75VA Transformer for Irrinet M (Qty 1) Surge Protector AC 4in112out (Qty 2) Leviton Surge Protection (Qty 1} CsI+I wlSr itch and Cover Leviton (15Amp){Qty L) Single Gang Box (Qty !) Yogi Antenna 450-470 UHF 7.ldb (N Female} {Qty !} Antenna Pxtension Pole (Qty 1) SS Enclosure 24W X 36H 12D (Qty 1) SS Pedestal 24W X I2H X I OD (Qty 1} Assembly 8s Burn In Bermad 900' Series 2" Hydrometer, Magnetic Drive, 24V AC Sul, NC, Threaded Globe, 1 Pulse/] OGaI {Qty 1) Tharilc you for your business. TOTAL $7,673.82 quoT>s GooD FoR 6a DAYS. QUOTATIONIPROPOSAL Sa<n a~ag-tronix.coan 1~T~W.AG-TRONiX.COM MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: June 1, 2011 SUBJECT: AGENDA ITEM 8.R.6 -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 PURCHASE AWARD/SPORTS TURF ONE, INC. ITEM BEFORE COMMISSION Approve purchase award in the amount of $62,742.45 to Sports Turf One, Inc., lowest bid, for re- sodding of Hilltopper Stadium. BACKGROUND Attached is an Interlocal Agreement between the City and CRA approved by City Commission at the May 17, 2011 Regular Meeting. Under the Agreement, The CRA would provide the funding (up to $70,000.00) to the City for re-sodding of Hilltopper Stadium. Parks and Recreation Department has contacted three vendors for quotes. Sports Turf One, Inc., lowest bid, quoted $62,742.45; Odum's Sod, Inc. was $70,992.00; and Briggs Golf Construction, Inc. quoted $87,000.00. Sports Turf One, Inc. not only is the lowest bid but the City has contracted their services for approximately ten years. FUNDING SOURCE Funding is available from001-4131-572-34.90 (Other Contractual Services). RECOMMENDATION Parks and Recreation recommends City Commission approval. Meeting Date: April 28, 2011 Agenda Item Summary ti (NTERLDCAL AGFvEEMENT - HILLTOPPER STADIUM FIELID RE5TORATION Hilltopper 5tad€um is located at the ofd Atlantic High School complex off of Seacres# Boulevard and previously served as the school's football field. It is awned by the Palm Beach County School ©istrict but is being leased to the City of Delray Beach through April 229. The facility includes bleachers, a concession stand, a press box, scoreboard and public address system, as well as several adjacent fields, making it an ideal location for various field sport events. Unfortunately the stadium turf is in very poor condition and is therefore unsuitable for play, The cost to remove the existing grass, level the soli and instal! new Bermuda sad is estimated at $6fl,QUf3 to $70,ODEl. The Palm Reach Sports Commission {PBCSC), a private nonprofit organization contracted by Palm Beach County to promote the county as a sports destination, has approached the City and CRA regarding the possible restoration of the field for future sporting events. As described in PBCSC Executive Director George Linley's letter of April 1, 2811 (copy attached}, the restored field could be marketed to host a variety of sports such as lacrosse, rugby, soccer, field hockey, and football. One event in particular, known as "Spring Ffing,n would bring NCAA women lacrosse players and their families to the Delray Beach area during spring break. This event has been held in Palm Beach County for eight years {it was previously located in Panama City}, and needs an additional facility to accommodate a greater number of teams. A letter from the event director expressing interest in Hilltopper Stadium is attached, and includes a list of the colleges that have participated over the years, The Sports Commission has also provided information regarding the economic benefit of sports events to the local economy. Another benefit of the sad restoration would be that the field could be better utilized for local sports activities by organizations such as Delray Racks football, Delray i3eacl~ Athletic Club, and Prep and Sports. The City's Parks and Recreation Department would be responsible for scheduling the use of the field among the various groups and even#s once it's been restored. Attached is an fnterfocai Agreement between the City and CRA that includes a funding arrangement for the re-sodding project. under the Agreement the CRA would provide the funding {up to $70,fl04.00} to the City prior to the award of the bid to the selected contractor. The City would administer the contract and oversee the work. Na later than December 31, 2011, the City would refund any unused funds, as well as b0°lo of the funds expended on the project. As consideration far the CFA's contribution the City agrees to "use its best efforts to schedule and accommodate events, tournarr~ents, and other pragrarns at Hilltopper Stadium that will provide an economic benefit to the hotels and other businesses in the CRA's Community Redevelopment Area." This obligation on behalf of the City extends to the end of the Agreement term, September 3fl, 2016. Recommended Ac1>~ion. Approve the attached Interlocal Agreement Between the City and CRA #o provide funding for the re- sodding of Hilltopper Stadium. Sul~rnitted By: Diane Colonna, Executive Director INTEItLClC.A~L A.G>1~;~l~l'~;~;N7' If3~'~'VV>I)CN "~'~~~ CIlT~' [~F ~l~l112~V f31P:ACI~ ~,N)C3 "I<'H~ T3A:L~"~' ~31C,!~C'~I CC)M~JN~T~' ~~;I)1+.:,'V~:~~Ul'l'IdI~N'~" AGLN~'Y T[? PR€)~~Il~ll+; II{ll~l~~ING l4•"C.~ll~'~'ll~lC It~;SC~IDII)~NG CAF ~-~~LLT+C~~'PI{~.~. ~'~"~,I~~iJN~ THIS A~IEI~vi~I~IT is n~adc this ,. ~-9trh_._.rday a~` May~y ~0! l l~~ and between the ~'IT"li' Ur 1)ELI~Y BEAe'~-1, a Florida u~~ici}~~I ~arpt~r~tinn, (herein~ftc;r retc~rred to as "~`IIT~'"}, a~.~d tl~e DET.a712AY 11~EAC~II-~ ~'C~IV11'~~iNi'~'"~ R.l•~IIC"~I;L[.~1'i"~IC±;I~I"I!" A~ a'NC~.', a l~L~bCic body cc~rparate a3~d politic, duly created and apart~ted pursua.tit tt~ ~liapter 16~, i'Ioricla Stat~.-tes (hereinalte~' x'oterred to as the "`CRA") WIIT NI{,SSI~sTH: 'L~'~Elftly/A5, tlrc; Cy"l!'CY and C~tA wish to re-sad the l~~i]ltopl~er Stadium Meld ("I'rc~tra~r~"} sa that it z~~ay be better utilised by local pra~wral~~s as well ~s state ~~id national pro~ra.t~a:~ whci•e the local businesses will rt~ceive an cca~iornic benefit tram such ~tsa~;e; and VVHI'~T~E~,S, tl~e C"TEA shn.ll initially tu~itl the cost of tl~e re-sudcliri~ ~tiih the C`iT"~ reia~~br~rsin~ t1~c ~IItA~, fc~r SO% atthe east at a later date;, arjd I~~~>rAS, this e;+cpendit~ire at' hinds b~ the C~RA is c;ansistent with ~e C>G~A's objectives t€~r eca~itan~ie development ~~r~d helps to meet c~nc; of the "{~veraIl Need:" identiiiet! irr the Delray Beach Gommttnity i7~develc~pr.~~ent Plan (Dart 'I'hrer:, Section CI.G .- ~.ecreatian attd t"ultu~~al Facilities}, ~u~cl WX°1I~I~E~~, the expenditure a# funds far this- program is ct~nsistent with tl~e ~~~~'s Ca~nunity I2edcyvele~p~i~ent l'l~~, a~~d Serves bntl7 s~ n~ctn~icip~€I <ar~d pti~blic pc~r}~ose. NC}"l~', 'I'HEII~+:T{Ultl~, in ct~nsideratian ol" the mutual craverlanfis and prt~n~iscs here:ir~ cr~ntai~~c:cl, the parties hereby a~;z°e,e as follows; 1. 'C'he recitatic~t~s set faith above ax•c hereby incc~rpc~rat~:d l~erc~in. ~. "l`he ~ItA shall provide fi,rrttli»f; to tl~e CIT'~ in an arn~rurrt nit to c:~cceed Seventy Tliausand and (}QII OCR IJcallars (~7p,000.~~), fcr~° tl7e re-sodtlir~g cif the I"lilltopper Ststdie~r~n field. Such ft~ndin sl~ali be provided to the CCTV prior to the a~var`d crf a hid/purchase order, for the rc~-socidirtl;, by the +~'li"~"~'. 'I"I~e CITY shall return tc~ the (;1~„~ any onu~ed firnds follav~ir~g cc~mplctic~n of the re-sodding, aid also reimbu~'sc the ~;~~- Sfl°~'o of the actual cast of tl~o re-sod<lii~~ no Inter th~~~ DeccnYber 31, ~Cl 11, ley rv~y of exainl~le~ nrzly, il'the ~"ll"c"Y's cast to resod tlae fi~;ld is ~50,Of?~, the ~;~'ll"Y shall retrtrrz to the BRA by T~ccei»ber 31, 2(~l 1, S'~0,4~Q (di#ferertcc bct~vicen firr3ds provided ar~d z~ctual ccrst~ trnd ~~S,OQO (5©`~/~ ai'the cost. of thc~ rc-sodding}. In the cveN~t the proposed bid for tl~e re-soddir~~ exceeds Suve~~ty Tl~ausand Dollars (~7(1,~(}fI.[l~), zny additional funds must be agreed tra by the parties tl~ro~.lgl~ tl7e exeeutiorx oi' a written arn~;ndrt~er~t to this Agrr~ezrxent prior to the a.waa•d of•the bid 1<~y tl~c C:TT~. 3. The tcrr~~ off' t.lais A.°eement shall ccrrnrrlcnce upon exccutiorr by bath parties; ar~d sixall ter~r-ixtate on Septc~r•nber 3{l, ?~16. The parties may af;rec to renew tk~c~ Agrecrr~er~t for- additia~nal terms through the ~:x~;cution oi' an amcndr~rcnt to this A,gree~~~e-zt. 4. lrr ca~~sider-ation of the paynrc~~t of the fu~lds by the CRA, during the. term of this ~greerrrent, thc4 C,""iITY shall use its best effcyrts icy schedule ar~d accon~tnodate events, to~rrnan~ents, arrcl otl7Gr programs at l~lilltc~pper Stadiun~ that will provide stn ect~rlorniu laene~4it to t~rc t~atcls aa1.d atl~er b~~sir~esses in the 1CR~'s G`orrtrnur~ity fZeduvelopment Area. ~. .L"leis Ir~terlocat .~~~a•ti:etner~t shall k;,e ~leci pzrrsuant to tkie r~:gt~irerne;irts at` Section I G3.f11(1 I) of'the Flcrr-ida Statates, 2 6. New prior ar l~~•esenC aC;reewnew~ts or re:presw:ntatirarts with r~~ard to any s-w~iject ntaiter contaiw•wed withiw~ this ~~~rer;mcx~t shall bo binding on aw}y paw-ty wanless incliwded expressly iw~ this ~grsrew~ent. Arwy ~y7odifcatiorr to ibis ~~;reernent shall be in writing awed exeeuterl ley the parties. 7. Tl~e validity of` at~y portic~w7, article, paragraph, pw~ovision, elatwse, ar any pow~tion il~ereof of this e~greei~lent sl~~all havr~ nee farce and ct'fect upon the validity at any other part off` portic~wi liercal: S. This AgrrWcwnent sh~l] tie gnvern~d Fey and i~~ ac~;ordance with the Laws of Florida. The venue ti7r arty actiow~ arising; From this f~~;roerwa~zit shall lacy in Palm beach Caunty, T; lt~rida. ~3. Neithrar the C~'~'Y nor the C'I~ shall assil;n or traw~s~~t• a~iy rights or interest iwi this t~grcement. lD. This .~l,groswx~e~ni s1~a11 not be valid until si~;~~ed by the Mayor arwd tl~e City ~~~ ""l"rST: C`i~lVlM`ISNInI"~ I~I/'l~l/V~fLt~PlwllN'I` A(:xFN~;Y ~ ~- .~~_ rww.~t Ntlrw~k~: ~f. ~~7~l;,s 1~~.~1p1~ I-Io~varcl ~evvis, Chair -.. - __ STAN"E C7I~ I~I:,t~IZID~ C'Qx,tN"l"Y OF Pr~I.hrl FBI-,~C;I~1 3 '~"l~e lor-c~oir~~; irrstrurn~nt was aeknciwled~,ecl he~'ar~: rxzc tl~i5 :~~ day cif ~~unr~ nk officer ear aer~t, tithe t7x ol~i~~r ar d~;~:nt~, ref.. ~-~~=~-2~9c~ .r~~~c~ (. !e',riN_~~w~.. (nar~~~ of eorparatiar7 ac~r~owledir~~;}, a ~•~..~rt,~~!}~~~ (state or' place of i~c©rpr~z°atiar~~ cat°~aratiar~, an 17ehalf of the carptar~ttic~r~. ~~~elShe is pc~rsc~x~~l~y ~navvn tt~ Ync~ c~r• hay 1~ ~. _ ~~aiu r~nar~rt~~in ~(ty~re c~ i~en~` ~.. ti tl• ~ ior~ tas r~lentiic~tian~ ~~"~°~ `~~ Motary t3ubCl~ ~ SCata of Finrida _ ~ ~~ ~ ~sy ~am~r. ~xAsres Jun 22, zors ~a ~ .y ~a}~liG ~- ~itate ~' ~`lai`ida .~ C'amrnC6#~~M # Ckb Bfi91D1 `~~~6it~w; P1WhdRtE ~'h14[lij~ bkdticrnyl Pi~tarp ASSR. Ed:~l)d)Glbdt~lki8 IlE3C:KAwAtat~1~' 2~tC 111t„~ C~tA ~t,nd hilli~p~cr I°1~AC_ [4.27-I 1).dac 4 SPORTS TURF ONE Il~C. 9819 STATE ROAD 7 BOYN'I`aN BEACH, FL 33472 56i-369-7994 OFFICE $61-364-1 I i 8 FAX I Atame ! Rddress City of Delray Beach Perks & ReCreBrion 50NW ISTAve Delray Beach, FI. 33444 ~~~~~~~~ Date Estimate # 3/1/Z01 I 20I I- b46SB Tenors Rep Contact Phone Fax Net 3D DH Tim Simmons 243-7258 243-72G8 Description Qty Cosf Total HIi.LTOPPER STAI?IUM FOOTBALL FIELD RE-GRASSING SERVICES.......... COIVIPLETE RE-GRASSING. SPRAY A NON SELfiCTIVE HERBICIDE ON THE LAWN AREA Ta IQLL THE EXISTING TURFGRASS & 'gVEEIIS. PRICE PER APPLICATION. REMOVE EXISTING SaD WITIi A SOIL PROFILER MACHINE (COMBINATOR) TO GRIND UP THE SOD DEBRIS. LOAD & TRANSPaRT TO THE LOCAL CEMETERY. ROTOVATION OF SOIL TO BREAKUP LAYERS, BLEND & LOOSEN SOIL IN PREPARATION FOR GRADIPdG. LASER Lk VI;I,ING OF THE ATI II..ETIC PIELLI~ 'TC7RE' AREAS WITH LASER ASSISTED, TRACTOR MOUNTED AUTO LEVELING EQUIPMEI+IT, INCLUDES SETUP, SUPERVISION, LABOR, EQUIPMENT & FINAL FLOATING aF THE SURFACI?S PRIaR TO GRASSIlVG. BERMUDA SOD CERTIFIED CELEBRATIaNBERMtIDA SOIa INS'T'ALLED IN BIG ROLLS. ROLL WITH A 3 TON SOD ROLLER.. PRICING VALID FOR 30 DAYS. PLEASE SIGN, DATE AND RETURN PROPOSAL FOR SCI~DULING. THAMC YOU. TGtal SIGNING THI5 PROPaSAL ACKNOWLEDGES ACCEPTANCE OF PRICE, Signature TERiNS & CONDITIONS. ,,,.,, DATE Page 1 SPORTS T[JRF ONE 1'NC. 9$19 STATE ROAD 7 BOYNTON BEACH, FL 33472 561-369-7994 flFFTCE 561-364-1,118 FAX I Neme /Address I City of Delray Beach Parks & Recreation 50NW 1S"I'Avc Delray Beach, FG 33444 Estimate Date Es#imate # 3/1/2011 20I 1- 646BB Terms ~ Rep J Contact I Phone I F~c 1 Net 30 DH T'un Simmons 243-7258 243-7268 { ~ Description [ Qty ~ cast t 'Total ~ SOD RP.PAIRS- HAUL ROAD INTb THE FIELD. LAYOUT, SOD CUT REMOVE DAMAGED TURF, HAND RAID, ANI7 INSTALL NEW SOD.1tOLL WITI•i A SOD ROLLER ATHLETIC FIELD SOD R)?~GRASSING SERVICES. ~ I31,DDD PRICE PER SQUARE FOOT. ~CLUSIONS: i~ib PLANS, PERMITS, TESTING, PAVING, DRAINAGE, SURVEY, IRRIGATION, FI3TVffGATIL3N, CONDITIDNERS, SOIL AMNIENDMIIT~ITS, FILL DIRT, SAND TDP DRESSING, OR OFF SITIi HAULING. NdT RESPONSIBLE FOItI1N1v1A1tKFi7 L'Ti7..IT1ES, ALTERNATES, NDT IrICLUDED 1I~1 BID PROPOSAL PRIRNG: 1. FREPLANT FERTILIZER WITH RONSTAR SI,381.DD ADDITIONAF, 2.IRRIGATIbN REPAIRS 8c AD7USTMENTS- TIl14E & MATERIAL PER UUR HOURLY RATES- APPRO~CIMA'IELY $3,40D.00 3.30 DAY GROWIN OF'I"HENIWSOD-$1,433.00 4. FILL DIRT FOR BLEVATIbN CHANGES DELIVERED & II3STALLED- $8.20 PER CUBIC YARD. 5. FILLDIRTII~iSTALLATION-MATERIAL PROVIDED IiY OTf I ,.RS- 52.90 CUBIC YARD D.47S95 ~ 62,742.45 FOR SCHEI ING.RTHANK YOLI~ASE SIGN, DATE AND RETCTRN FIYOPOSAL ~ ~ota~ SG2,742.45 SIC3dING THIS PROPOSAL ACICNDWLEDGES ACCEPTANCE OF PRICE, Signature 'T'ERMS & CONI?ITIOIVS. DATE Page 2 I~liar 19 11 01:11p Odurris Irtc. 5813337455 p.2 ~dums' ~vd, #nc. 93gbt C3keecl~ob+ae Bfv[l. Loxairat[hee, FL 3347a Phone #= (5b17 333`743b 4 Fax ~: (~s,) 333 7455 ~R~P~~~L SU~3~"~E~ fib: Plione: {551) ~~-3487 ~: March ~$, 2011 rrarne: Czty of Delray Beach Iah rrara~: I~i11 Topper Staduim - Football Fie1~ saves: Street: City: ~elr~y Btr~~ State: ~~ zii7: City. Stare: XI.. A~-rn: Tama ~i~triTO1~11S Fax. >~~~~ ~ ~~~-~~ We hereby sulartiit specifications and estimates for: 1~4pQt?Q Sti. Ft. Cei~bration Sid Instaoliec8 # Item # I]~seri tine rJt><ty tJmit Price Tatai 1. SD of PBC Round II Herbicide Entire area to be sodded 144,(}00 s . ft. $0.01 5 . Ft_ $},440.Of1 ~_ PBC- Calebrabon Remove ~t Replace Celebration Bermuda "Big Rolls" The $t3DVH inchules rL`C[WY8 a!! VegCtatiaR Wltli our 5peCializett mi3ling machine, debris to be tran~wrted to a focal site, and deliveringanditistallingofcerlifiedCe3eT~ration~ermudaSad`Big Rnlls° 144,t~l0 sq. ft. € $(1.363 5q. ltt. $52,272.OQ 3. SD of PSC Cultivatin "ratter tiliin 144,Od0 . ft_ $O,E32 S . Fs~ $2,88~.4U ~_ SD of PBC i.az~er Gradin i 144,0(10 . ft. $Q.fiB S . Ft. $ l l ,520.U0 5. SD afPBC Rollin 144,O13Q . ft. 50.2 . Ft. $2,~8i1.0~ TOTAL $7{},492.40 '~ ~"~ The prices ~bo~e are based upon the an~uai co~ttra~ts ~nrrtrP~ P~ C®ur~ty 13id #t-4~3`h~~ aid 5fl of pa~lsr9 beach i~id # ~3C-?~~~*~ PlEase Dote: phis is Page i of ~ UI~LP+.;~ I~'I'HERWISE NUTEi1 T1~IS QtT(~TE I1lt~IirS N~&T INCLtiDE GIaAIItII%i~, i~ATEI~ING, FERTILI~~T~, R.D]LL~TG CDR 1i1~T~ TAPE ZlF ~'RAFFIC C~NTII.C~L. tl material is guaranteed to be as specified. R.13 work to be curcpletn;d in a worl~€anlske ntanaes aceording to standard practices. Any altera#ion ar deviation >m aErave specif cations i~tvalving extra cast will be exe:cnted only upon written orders, and vuill becoms an extra ctearge aver and above ttre estimate. Aif r reemerds corttittgent upon strikes, accidents, or de]ays 1}ezflnd our contra]. This proposal subject tes eptance within ~{~ days amt is oid rbere er~the ~tian afthe undersigned F/' ` ` Aut.~]DriZC[i. ~Jl~Ii3tilre: 'ii ~~ .r :-?:s~.a ;~ acs ~V. ]Etatnmo~d, Gener=~t€ Mans~gex~ ACCEPTANCE Ole' PROPOSAL if: above prices, specifications, and conditions are satisfactory and are ltereby accegted. You are audiorizeci W rto the w07~ as specifies tyrnent will be°made as outliined above. wC~l?'i'IEI]: Signature: tte of AGceptBttce: _-- - Signature: Mar t9 11 01:10p C7dums 9nc. 5613337455 p•1 ~~LiE'9"~5' ~~d, ~~it. t396i Okeechobee Blvd. Laxahatchee,FL33g7o Phone #: ~6t) 333-74~b ~} Fax #: (Sby) 333-7455 ~'Tt~PC3S.A1., ~I.)BTT`~1,3 T'~: ga~~: (s~~} ~a~-~~~fi D~~: ~~~h rs, zQ~~ ~larttie: City of dray beach ro» name: ~Iil~ T~p~er Staduim --- Fao~bali ~'ie~~l Sweet: 5Lreet City: D~Xr~y ~~3C~ 5ta#e: F'~ dip: City: Statr: ~L nz-rri: Tiz~ ~imm~ns ~~:: ~S ~ ~) 243 -72 ~ ~e hereby submit 5pecificatioi3s and estimates For: 144o~C}Q Sq, Ft. C~l~br~tiart Sid lristalled ## i;tClit # Descri tiara nanti [lnie )PrifE ! _ PB Cflun 5 orts Field Mix Fi i i Material As needed $19, i 8 co. d. Z. PB Coon #1 Fiii 14iatet~ia[ As needed $8.81 cu. d. 3, SD of PBC 1.'re plant Pertiiizsition with Rau Star As needed $D.027 . f tw ~. SD of PBC Ta ^ressin As needed ~Q.06 s . ft. ~'~~` The pri~e~ abav~ are bayed u~~n #4~~ aninar~[ ~ontract~ mirth ~~ ~u~ty did #~i~-~~~~M~ a~td ~€~ atf ~211rrE each did {~7~-2~R*'s'~ ire 2 of ~ i71~ILES~ t?'~`~I~T$'W~SE 1~10TEi) ~Id~ (,~~3~TE ~®E~ ~~'I' I~i~~..iJD£ ~I~I?I~G, @~A'I`E~NG, ~`ERTTi}&..~IlVG. RC}L~.~P~I~ QR AID TYPE ®~ 'T~''1~~~ C~31~"i~b.0]L,. ll nFatetiat is gtaaraateed to be as specified. All work to 6e completed iQ a workman[lke rnatttisr according to sixn€Eard ptactices. Any alteration or devSatian om above specifications involving extra cost will be executed only roan written orders, and will become an extra charge aver and above the estimate. All ~rcements contingent upon strikes, aa;idents, or delays t~yond nor control. Taus proposal subject t~ acceptance withia~ ~~ days void there a#te~a~fhe rtion oFthe undersigned ~ ,~~// /~f ~iltltOl7Zffl ~i~il~tllFe: ~'. ~ax~t~~~d, ~e>taera111~~nagea to above prices, specifications, and cnnditians are sat9sfactory and are hereby accepted. Yeti are attthotizt;d to do ttie work as spec'ri'ier tyment will be made as outlined above. vCE4'TIED: Signature: itc flf Accaptanre: Signatuxa: BRIGGS GOLF C4NSTRUCTI4N, INC 13636 150"' Court Jupiter, Florida 33478 Phone 561 575-2338 Fax 561 743-7999 l=lprid~ Certified Minority Business Enterprise PROPOSAL DATE; May 2G, 2011 TO: City of Delray Beach 50 NW 1St Avenue Delray Beach, Florida 33444 ATT: Tim Simmons PROJECT: Renovation of Football Field Approximately 150,000 Square Feet We are pleased to submit the following propasa! for above referenced project: Scope of Work: - Strip field 2.5 - 3 inches in depth. Haul spoils to city owned cemetery (approximately 1,500 yards of spoils to be hauled) - Supply and insta[I 3 inches of clean fil[ (approximately 1,400 yards of fill to be imparted) - Rough grade field - Laser grade field - establishing a crown - Supply and Install big roll certified Celebration sod TOTOL PROPOSAL $ 58 persquare foot x 150,000 square feet= $57,000.00 *Final cast will be determined by actual field measurements. Unit prices prevail. A signed copy of this proposal must be received by BRIGGS GOLF CONSTRUCTION, INC. a[ang with a check for $17,4D©.Od in order for this project to be scheduled, and for work to begin. invoices will be submitted as work progresses.*~ Thank you for your attention to this matter. gassing: Since Bermuda grasses and grasses in general are living plants they are subject to inconsistencies and unique requirements. We sincerely hope that our turf performs to your expectations; however, we cannot guarantee the performance for the grass since we are not involved in the daily maintenance of the grass. We do guarantee that the grass is alive when we deliver it and alive after installation. Bermuda grass hybrids are subject to changes as they age, the reasons far this are unclear. Scientific data is not available to evaluate, predict or define accurately turf performance ar quality. Owner to pay for all necessary Federal, State andlor Local Permits. No plans, engineering, testing or bands are included unless specifically stated. The job is expected to proceed smoothly barring inclement weather. Rain will delay all work on the fields. Any alteration or deviation in above Proposal involving extra casts will be executed only by written or verbal "change order" and wil! become an Extra Charge over and above the proposed amount. (1"his Proposal is good far 30 days from above date). Due care shall be taken around cart paths and curbs. Contractor assumes no responsibility for cart paths or curbing. Owner shall locate and expose all irrigation piping and flag afl irrigation heads, valves, catch basins, and any other appurtenances. Briggs Golf Construction, Inc. will not be r~espansible for any items that are not flagged or marked correctly. Owner shall locate and expose all utilities. Proposal is based on one (7) mobilization oharge. delays caused by the Owner or others which result in job interruption could involve extra charges for fhe moving of equipment on and offjob site. Only those items specifically stated in our proposal are included in the prices quoted for fhe proposal. Any additional work requested will be on a "per unit price", or on a "time and materials" basis subject to the work performed. This proposal is put forth in good faith as we understand the plans or the discussions between us, as to the work to be performed. This proposal becomes a confracf when acceptance below is signed by an authorized agent of each party. drank Giacopelli Accepted by: _ (Pint Name -Title) FOr sy; (Signature) Date of Acceptance: Email: sirr~rarans ~„ci.delrey-beach,fi.us I"ax: 567 243-769 Please fax signed copy to BRIGGS GOLF CONS7`RUCTlON, 1NC_, 561 743-7999. Thank you. ""`Invoices are to be paid upon receipt Any cost Incurred as a result of nonpayment, including interest#hat wi11 accrue at the highest rate allowed by law, service charges, attorney's fees, all costs, and attorneys' fees and costs on appeal far collecting same, wil! be sus#ained by customer. MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: June 2, 2011 SUBJECT: AGENDA ITEM 8.R.7 -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 PURCHASE AWARD/STOP-TECH ITEM BEFORE COMMISSION The Police Department seeks approval to purchase 60 "Stop-Sticks" from Stop-Tech for $27,417. This price includes "Stop-Stick" kits, storage units, and an on-site "train-the-trainer" course for implementation. BACKGROUND Stop stick technology enables officers to safely and efficiently deploy a device to stop subjects fleeing in a motor vehicle. The Department currently deploys both Stop Sticks (12) and Stingers, but through research has determined the Stop Sticks to be superior. Although the technology is unique (sole-source), the vendor is under GSA contract. Attached is documentation which includes the justification memo, quote, GSA Contract, Sole-source letter, comparison to other products, list of Florida agencies where Stop Sticks are currently in use, and a copy of the 5 year guaranty. FUNDING SOURCE This purchase has been approved and budgeted in CIl' # 334-2111-521-52.27. ~~ ~~ ~~ ~~„ m....~ ~ .: ~~ t.. ~ ~-, .b~_~, f ai~~~ i top.; ~~~,. 365 Industrial Drive Harrison, OH 45030 Phone:800-537-0102 Fax:513-202-0240 Website: www.stopstick.com Ship To: Bill To: DATE: 6/2/2011 Rep: Andrew Stevenson Delray Beach Police Department Delray Beach Police Department 5 yr. Warranty X 300 West Atlantic Ave 300 West Atlantic Ave Black X Delray Beach, FL 33444 Delray Beach, FL 33444 Red Eric Aronowitz Eric Aronowitz Lesson Plans X Phone: 561-243-7603 Phone: 561-243-7603 Training DVD X Fax: 561-243-7604 Fax: 561-243-7604 Training Video Email: aronowit@mydelraybeach.com PO#: Visa/MC#: Exp Date: / Vehicles: 150 Equip Vehicles: 72 QUANTITY Item # DESCRIPTION UNIT PRICE AMOUNT 60.00 53511K 12' Stop Stick Rack Kit, Red $452.37 $27,142.20 1.00 59999 Shipping/Handling-Stop Stick $274.90 $274.90 1.00 59203K Stop Stick Training Kit B (12' Sleeve) w/o Storage Bag $0.00 $0.00 1.00 59204K Stop Stick Training Kit B (12' Sleeve) w/Storage Bag $0.00 $0.00 1.00 Free Train The Trainer Course $0.00 $0.00 GSA Contract #: GS-07F-0027K TOTAL 1 $27,417.101 Authorized Signature: Date: Terms and Conditions: Unless otherwise stated, sales are U.S. Dollars, FOB Harrison, OH. Payment Net 30 Days from ship date. Quotation is valid 30 days from date above. Thank you for your business. ~m ~~. ~~~a~, ~~ ~ r~ q'~ ,~ ~, x ~~ s~~l ~'' iV 'Cy t~f e ._ 3'I ~...~~ ~'e~ll'1~ len' ..~~...~~ ~~r~ ~~~ ~ _ a;~ ~ V°'V J' I I '~ ~~ ~~ ~ i ", N _ ~ ~,~ ~,~ ~7'~ ~"a a,x~~n..~ n~ w '.". ~ ~ ;~'~. ~ i , lu'~~tla~~.~~ h'"era I~ ~', '~~I~~~baA '~'ic~, (wt'~~f~ i~"V+~ ~ ~, .„~~; ~ - ~~~ ~~ _ n", ~ " ~.. " , . . I ~~ ry ~ i I i~ w', I ~ I ~a9 t~~~ ~ ~ ~:~sU~"~, I' ~ ~ i ~ ~~~', ~'. ~ _~~ "~' d "~"~'~~. ~"i~u!,^hgy°rc~ a~~a' ~ ~b~,~b~`~ ~,~~~~+ ck~~C:"'4" ~~~u"k~'"N~Bf'1I~~ ~~.d.7V"u$ltl"~"~'Rc~~ll~".9R"p ~ ~a~:~;v~f~" ~avc '.+aoly i ary~ ~~ m ~ ~ µ8 a9.4~V.tlVS.;"B Yak tl~9.V~G~ .~.... ~ ~w.~" ~'~ufb~I~c~~`.~,4~C ~~.~. ~~. ~. ..,~ ~~A,C&~' ,:~,: ~w:° ~~° u~i ~~ 6 ~- x w i a^~ _„ ~. ~~ ~.. ,_,~~,,..2, L , ~~ ~ t p~. C"u:.r.,Iil7rxlar~ie.s far f~~' lir.; SaFe.ty ;&S:r II'YCIu;:~tl'i~l 1:::71'iVkw a l"IY.t L..aVV ::::IT~aI'I:,eITilnf ,... . I--I~rrla:~u~l~r, Ol~rlc~ ~a,~C.)MfC.) June 2, 2011 f='I~rc~l~r~:: ~SC:)C:) (~M&7 C:)1C:) I::::~x: (~1~& ~C:)~ C:)~~aC:) ~~ I~a~ ii~lk~~~a~ I~a~ii~lk. ~~i~ wuwuwu. ~t~~t~^~;hrltcl.~;u~m STOP STICK® Tire Deflation Devices CENTURION® Wireless Security System Dear Officer Aronowitz, Please accept this letter as confirmation, that StopTech, Ltd. is the Sole Source and Sole Distributor for Stop Stick products; including sole distributor and sole manufacturer. The STOP STICK is the only tire-deflation device that: • Provides a collapsible housing to protect the user from the spikes during deployment. • Features trunk lid mounting. • Deploys in less than 10 seconds. • Provides a No Cost Replacement Guaranty. • Warranty on defective parts for five (5) years. • Features Cord Reel with 80-foot cord that allows the deploying officer to stand a safe distance from the road. • Has multi-directional spikes to ensure correct deployment; does not matter which way it lands on the roadway. • Has Tip and Quill assembly that is 2 5/8 inches in length from tip to tip. • Has (36) Teflon° coated steel Quills and (72) Teflon° coated Tips in each 3-foot section. The patent numbers for the STOP STICK are 5,330,285 and 5,452,962. Federal ID#: is 31-1749742. If I can be of further assistance, please contact me at your convenience. Sincerely, Andrew Stevenson Sales Representative StopTech, Ltd. °'" " ~" ~ '1.. tC~til~ ~ ~ ~~~:~°t ~,.~:~~. ~d~~ ar.w,;m a~'~~ .m r~ ~~. ~ ~ _. _ .. '~' ~'~.!q ~n a°a~+oim"~2~, ~~~~~~ ~^~ ~n~nra~~d ~~~~u~~d~~~~~r..~wl~~r~ g..r~ira~roe°~~~~~~~~~~~~..~°~w~~~roar~~p~~~= ~m9.r`rm~ '~~`:~~ t „~~ N ' ~ " `' A ~ w~_ A6. .~ r g~ r ~"'... ~ n _.. n ~ ~ ~ ~ ,~ ~ ~ ~ IU R~ V,~.~~~_ ' i .. p i ~ ~ ~q~ i i I ~I i ~I 1. I A~ ~ a i a ~ i ~.. I I yy i _tl~ I,.. .. re ti~. ~_. ,; , _ I i ii~~".r n . ~ ~ ~ i .. a ~n~ ' ~ t I . ~ I 1 C l u f ,~ ~W '. i I ... i I ', it G c' ~~. i ~. -. I, ~ ~~,~~,~~~"'~'~ ~. I I I ~..µ ~~ ~ ~~~ I ~~,i -.:'i. ~ ~~~q~ . . i i i t L,~~' ~ I~~l,l~~~~, u i i ~~ ~ ~ Ii f „.. I' I A II I I I _ it '1 ~ i _ ~. ~ ~-~ ',.;. ry Cm~~~~ I ~"/~ LrdB. l."~.~-~ ",..~ rN~r,~,oio~~P~ ror i::,~~~i and L.aw liiln~Forreirient 5 YEAR NO COST REPLACEMENT GUARANTY StopTech, Ltd. will replace any STOP STICK, rendered unusable from deployment in an actual pursuit at no cost (except for shipping and handling charges) for the five (5) year guaranty period. Cord Reels and Deployment Sleeves will be replaced throughout the guaranty period if the device is deemed unserviceable as a result of use in an actual pursuit. The guaranty period is applicable from the date of delivery. Your initial supply of replacement STOP STICKS will be sent to you with your order; one (1) replacement STOP STICK for each STOP STICK Rack Kit purchased. For example, if you purchase twenty-five (25) STOP STICK Rack Kits, you receive twenty-five (25) replacement STOP STICKS for your inventory. In the event that this initial supply of replacement STOP STICKS is exhausted, additional replacement STOP STICKS will be supplied free of charge (except for shipping and handling charges only) throughout the guaranty replacement period. You will be provided with sufficient replacement STOP STICKS to equip each covered STOP STICK Rack Kit (9 ft. version - 3 STOP STICKS, 12 ft. version - 4 STOP STICKS). If your department has purchased STOP STICK Rack Kits previously or will be doing so in the future, please be aware that the replacement policy is applied to each separate STOP STICK Rack Kit at the time of purchase. We will track your replacement STOP STICKS and date(s) of purchase. To take full advantage of the STOP STICK guaranty, set up your replacement inventory on a First in -First out (FIFO) basis. Your StopTech, Ltd. representative will be more than happy to assist your department in establishing a replacement inventory policy and procedure. In order to take advantage of our Replacement Guaranty, you must submit Incident Reports covering each STOP STICK damaged. This will document your department's use of all of the replacement STOP STICKS previously provided. For example, in the event that you receive an initial supply of twenty-five (25) replacement STOP STICKS you must submit Incident Reports detailing the use and damage to twenty-five (25) STOP STICKS before replacement STOP STICKS can be provided free of charge. This procedure provides your agency and us with valuable information and will insure that we provide you with an adequate supply of replacement STOP STICKS. Finally, in the event that, during the guaranty period, a Cord Reel or Deployment Sleeve is damaged and becomes unusable due to use in an actual deployment, contact StopTech, Ltd. for replacement instructions. F-19-NCRG, Issue No. 3 Date 3/01/10 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: May 26, 2011 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 CONDITIONAL USE REQUEST/MOTION AUTO CARE ITEM BEFORE COMMISSION Consideration of a Conditional Use request to establish an auto repair and detailing service known as Motion Auto Care located at 1208 Georgia Street, pursuant to LDR Section 4.4.19(D)(1)(c). BACKGROUND The property is zoned MIC (Mixed Industrial and Commercial), and contains 1.07 acres. The existing building is 16,000 sq. ft. was built in 1976. The proposed auto repair use will occupy one bay, 1,250 sq. ft., within this building and is allowed as a conditional use within that zoning district. As noted in the Planning and Zoning staff report the proposal is inconsistent with the Wallace Drive Redevelopment Plan. The Wallace Drive Redevelopment Plan encourages the development of light industrial, limited commercial and office uses in an urban setting and recognizes that: "...With the exception of the newer facilities, most of the structures and properties in the area are poorly maintained and the existing auto repair and vehicular storage uses are having a negative impact on the entire area. Their demand for substantial amounts of parking is spilling into swales along adjacent roadways and onto undeveloped property; their overall appearance severely limits the ability to attract quality development to the area ". The Wallace Drive Redevelopment Plan clearly states: "In the long term, efforts should be made to encourage the replacement of these facilities with more appropriate uses and additional automotive repair uses should be discouraged. As the area continues to develop, it is anticipated that increased property values and negative impacts of adjacent development will ultimately cause these properties to be assimilated into more appropriate uses. In the long term, the most a~pro~riate uses for the area are manufacturing, fabrication or mixed industrial/co~n~nercial uses that generate e~nploy~nent opportunities within the City ". The current request for auto repair and detailing facility in Bay 3 is not in accordance with, and is in fact in direct conflict with the provisions of the Wallace Drive Redevelopment Plan. This proposal is inconsistent with the desired industrial development for this area, and thus, should not be approved. REVIEW BY OTHERS At its meeting of May 16, 2011, the Planning and Zoning Board held a public hearing for the conditional use request. Presentations were made by staff, and the applicant. There was public testimony from one resident that lived in the adjacent area north of the subject property. The resident's concern was related to the potential negative impact on property values that may be generated by the proposed use. After significant discussion, the Board felt approval of this conditional use for one bay was minor in impact and moved a recommendation of approval on a unanimous vote of 5-0, by adopting the findings of fact and law contained in the staff report. A detailed description and analysis of the proposal is contained within the attached Planning and Zoning Board staff report of May 16, 2011. RECOMMENDATION Deny the conditional use request to establish an automobile repair and detailing service known as Motion Auto Care, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Wallace Drive Redevelopment Plan, the Comprehensive Plan and failure to make positive finding with respect to LDR Section 2.4.5(E)(5) and Chapter 3 of the Land Development Regulations. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST TO ESTABLISH A 1,250 SQ. FT. AUTO REPAIR AND DETAILING BUSINESS ("MOTION AUTO CARE") AT 1208 GEORGIA STREET, BAY #3 ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on May 3, 2011. The conditional use request is to establish a 1,250 sq. ft. auto repair and detailing business at 1208 Georgia Street, Bay #3. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the conditional use request of Motion Auto Care. All of the evidence is a part of the record in this case. Required findings are made in Sections I and II below. I. COMPREHENSIVE PLAN A. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a CMR (Commerce) Future Land Use Map (PLUM) designation and is zoned MIC (Mixed Industrial and Commercial). The MIC Zoning is consistent with the CMR land use designation. The proposal is to operate an auto repair and detailing service within Bay #3 located in the southwest portion of the building. Pursuant to LDR Section 4.4.19(D)(1)(c), within the MIC Zone district automotive paint, body, and repairs shops is allowed as a conditional use. Are the requirements of the Future Land Use Map met? Yes No B. Concurrence: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. 1 Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No C. Consistency: Compliance with performance standards set forth in Chapter Three and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the Objectives and Policies of the adopted Comprehensive Plan was conducted and no applicable Objectives or Policies were found. Are the consistency requirements met such that the proposed project is complementary to and compatible with adjacent land uses and the beneficial aspects of the project outweigh the negative impact of identified points of conflict? Yes No II. LDR REQUIREMENTS A. Section 2.4.5(E)(5) requires certain findings: The conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. Are the requirements of Section 2.4.5(E)(5) met? Yes No B. LDR Section 4.6.9 (Parking): Pursuant to LDR Section 4.6.9(C)(5)(a), general industrial uses (manufacturing, assembly, attendant offices) shall provide parking at a rate of 3 spaces per 1,000 sq. ft. of floor area devoted to such uses and 1 space per 1,000 sq. ft. of floor area devoted to storage and warehouse. In addition, general commercial uses (retail) and vehicle repair uses shall provide 4.5 spaces per 1,000 square feet of gross floor area [ref. LDR Sections 4.6.9(C)(3)a) & (5)(b)]. The MIC zone district allows a mix of industrial, office, and limited retail uses. The subject parcel was developed in the County and was subject to their development standards when it was originally developed. Palm Beach County parking requirements for IL (Light Industrial) manufacturing and processing required a ratio of 2 spaces per 2 1,000 sq. ft. for the first 10,000 sq. ft; plus 1 space per 1,000 sq. ft. over 10,000 sq. ft. (10,000 x 2/1000 = 20 and 6,000 x 1 = 6,000 = 6) for a total of 26 parking spaces. It is noted that 36 parking spaces are currently being provided which equated to a surplus of 10 spaces. As the subject property was established as Light Industrial manufacturing only the difference in parking between the manufacturing (2 spaces per 1,000 sq. ft.) and auto repair (4.5/1,000) parking ratios needs to be provided with this conversion. Therefore, the number of vested manufacturing processing parking spaces is 2.5 spaces (1,250 x 2/1,000 = 2.5). Accordingly, the proposed 1,250 sq. ft. auto repair use requires 5.62 parking spaces (1,250 x 4.5/1,000) = 5.62). A total of 3 parking spaces are required for the conversion from manufacturing to auto repair (5.62 - 2.5 = 3.12). These three (3) parking spaces required for the conversion are accounted for within the existing surplus of 10 spaces, and thus, the surplus parking will be reduced from ten (10) to seven (7) parking spaces. Are the requirements of Section 4.6.9 met? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use application was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports and testimony of witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the conditional use application and hereby adopts this Order this 7th day of June 2011, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 3 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: May 16, 2011 ITEM: Conditional use request to establish a 1,250 sq: ft. auto repair and detailing services know as Motion Auto Care, The property is located on the South Side of Georgia Street east of Gwenzell Avenue {1208 Georgia Street, Bay #3). GENERAL DATA: Applicant ............................ Maxim Johnson Agent ........................................ Maxim Johnson Location .................................... South Side of Georgia Street east of Gwenzell Avenue {1208 Georgia Street Bay #3). Property Size ............................. 1.07 Acres Future Land Use Map ............. CMR (Commerce) Current Zoning ......................... MIC (Mixed Industrial & Commercial) Adjacent Zoning .............. North: MIC (Mixed Industrial & Commercial) East: MIC (Mixed Industrial & Commercial} South: MIC (Mixed Industrial & Commercial} West: MIC (Mixed Industrial & Commercial} Existing Land Use ................. Auto repair and detailing services Proposed Land Use .................. Auto repair and detailing services Water Service ........................... Existing on site. Sewer Service .......................... Existing on site. ;. `~ i' ~ ti ' ~~ - - ~ ~ ~ ~ - ~ - € ~ i _b ~ ~ - - ®~ w fi S.W. 10TH STREET ~ ~ ~u ~ ~ ~ ~~~~~ L j~/ ~. ~ ~ ~ ~~ ~_ ~~ ~; ~~1 N T O N B O U L E V A R D D ~,,, ~ t I N {/jpt \ ITEM BEFORE THE BOARD The action before the Board is making a recommendation to the City Commission on a request for a Conditional Use approval to establish an auto repair and detailing service known as Motion Auto Care, pursuant to LDR Section 4.4.19(D){1)(c). The business is to be located on the South Side of Georgia Street to the east of Wgenzell Avenue, (1208 Georgia Street, Bay # 3). BACKGROUND 1 The subject property consists of Lot 3 of the Platt's Acres Subdivision, as recorded in the Official Records Book 18803, page 1514, of the Public Records of Palm Beach County. The property is zoned MIC (Mixed Industrial and Commercial), and contains 1.07 acres. The existing building is 16,000 sq. ft. was built in 1976 under Palm Beach County jurisdiction with a County zoning of IL (Light Industrial) and was later annexed into the City in 1988 via Ord 50-88 (Enclave Annexation}. The proposed auto repair use will occupy one bay 1,250 sq. ft. within this building and is allowed as a conditional use within that zoning district. This conditionak use application is now before the Board for consideration. PROJECT DESCRIPTION The request is to establish an auto repair and detailing services known as Motion Auto Care. The use falls within the category of automobile, paint, body and repair, and requires conditional use approval [Ref. LDR Section 4.4.19(D)(1}{c)]. The business will occupy 1,250 sq. ft. within Bay #3 at the southwest end of the existing mixed-use industrial and commercial building. There will be two (2) employees and business hours will be Monday through Saturday, 9:00 a.m. to 5:00 p.m. The applicant has indicated that all vehicles undergoing repair will be kept inside the building, no work will be performed outside the building. There will a very small management office, and no exterior alterations of the building are being proposed. All vehicles being repaired will be stored inside the building. CONDITIONAL USE ANALYSI5 REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 {Required Findings}, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject praperty has a CMR (Commerce) Future Land Use Map (PLUM) designation and is zoned MIC (Mixed Industrial and Commercial). The M!C zoning is consistent with the CMR land use designation. The proposal is to operate an auto repair and detailing service within Bay #3 located in the southwest portion of the building. Pursuant to the LDR Section 4.4.19(D}{1)(c), within the MIC zone district automotive paint, body, and repairs shops is allowed as a Planning and Zoning Board Staff Red. Meeting 06/13/17 Motion Auto Care. -Conditional Use Approval Paste 2 conditional use. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. CONCURRI=NCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The development proposal is for the establishment of an auto body repair and detailing business operation in a previously approved warehouse commerciallindustrial development. The conversion of a portion of the property to an auto repair and painting facility will not have a negative impact with respect to concurrency as i# relates to traffic, parks and recreation, solid waste, drainage or schools. Water and Sewer • Water service is provided to the site via an existing 8" water main located along Georgia Street right~of-way. Sewer service is provided to the site via an existing 8" sewer main located along Gwenzell Avenue right-of-way. • Adequate fire suppression is provided to the site via two existing fire hydrant along the west side of Gwenzell Street and the south side of Georgia Street in close proximity to the subject property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: The development proposal is a request for the establishment of an auto body repair and detailing business operation in a previously occupied industrial bay. The traffic impact has previously been assessed with initial development and occupation of the industrial building. The conversion of a portion of the property to an auto repair and detailing facility will not have a negative impact with respect to concurrency as it relates to traffic. Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: Expected solid waste generation for the proposed use is 5.75 tons (1,250 x 9.2 =~ 11,500 pounds 1 2,000 pounds = 5.75 tons}. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021, thus a positive finding with respect to this level of service standard can be made. Planning and Zoning Board Staff Ret. .Meeting 06/73/11 Mofion Auto Care. -Conditional Use Approval Based on the above a positive finding can be made that concurrency with the adopted Levels of Service Standards will be achieved with the proposed conditional use request. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4,5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective and policy was found. Objecfiive C-9 Blighted areas, as designated by the City Commission, shall receive special attention and assistance in renewal. This objective shall be implemented through the following policies and activities. Poficy C-1,8 The following pertains to redevelopment of the Wallace Drive Industria! Area: This area is bordered by SW 14th Street on the north; Milfred S#ree# on the south; SW 9th Avenue on the east; and Tan elo Terrace on the west. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. The Wallace Drive Industrial Area Redevelopment Plan was adopted by City Commission on January fi, 2404. The Plan establishes proposed land use designations for the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopmen# Plan. The Redevelopment Plan encourages the development of light industrial, limited commercial and office uses in an urban setting. Aggregation of parcels is encouraged throughout the area to accommodate unified development. The Wallace Drive Redevelopment Pian encourages the deveiopment of light industrial, limited commercial and office uses in an urban setting. The Wallace Drive Redevelopment Plan recognizes that: "...Wifh the exception of the newer facilities, most of fhe structures and properties in the area are poorly maintained and the existing auto repair and vehicular storage uses are having a negative impact on the entire area. Their demand for substanfial amounts of parking is spilling info swales along adjacent roadways and onto undeveloped property; their overall appearance severely limits the ability to attract quality development to the area". The Wallace Drive Redevelopment Plan clearly states: "ln the long term, efforts should be made to encourage the replacement of these facilities with more appropriate uses and additional automotive repair uses should be discouraged. As the area continues to develop, it is anticipated that increased property values and negative impacts of adjacent development will ultimately cause Planning and Zoning Board Staff Ret. .Meeting o6113111 Motion Auto Care. -Conditional Use Approval Page 4 These properties to be assimilated into more appropriate uses. !n The long term, the most appropriate uses for the area are manufacturing, fabrication or mixed industria!/commercial uses that generate employment vppvrfunities within the City" The current request for auto repair and detailing facility in Bay #3 is not in accordance and is in fact in direct conflict with the provisions of the Wallace Drive Redevelopment Plan. This proposal is inconsistent with the desired industrial development for this area, and thus, should not be approved. SECTION 2.4.5[E} REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E}(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The Wallace Drive Redevelopment Plan recognizes that the existing auto repair and vehicular storage uses in the area are having a negative impact on the entire area. The demand of parking for this type of use is very substantial and is spilling into swales along adjacent roadways and onto undeveloped adjacent land. This impacts the overall appearance of the area, hinders the development and redevelopment of nearby properties and severely limits the ability to attract quality development to the area. In the long term this will have a significantly detrimental effect upon the stability of the neighborhood and efforts should be made to encourage the replacement of these facilities with more appropriate uses, and thus, additional automotive repair uses needs to be discouraged. Given the above the requested findings under LDR Section 2.4.5(E)(5) cannot be made and the use should be denied. The following zoning designations and uses abut the subject property: Zvnin Desi nation: Use: Nvrth: Mixed Industrial and Commercial MIC Vacant Lot South: Mixed Industrial and Commercial (MIC) Parkin Lot for Dad a Auto Sales Easf: Mixed Industrial and Commercial (MIC) Warehouse Distribution Building and a Vacant Lot West: Industrial I Gear is Street Industrial Condominium One of the major compatibility concerns with this use relates to the parking impacts associated with the auto body repair and painting use. The change in use from warehouse to automotive repair increases the required parking for the project. The new 1,25Q sq. ft. auto repair use will require 6 parking spaces (1,250x4.5=5.6) that cannot be accommodated on the site. Further, while there are many parking spaces on site these are not sufficient for the already existing boat repair, truck repair, and marble cutting and manufacturing uses that currently operate with a Planning and Zoning Board Staff Rep Meeting Q6113111 Motion Auto Care. -Conditional Use Approval Pa e 5 deficit of 20 parking spaces. The proposed car repair use will only exacerbate the parking deficit to 26 parking spaces. This item is discussed in further detail below within the parking section. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest, LDR Section 4,6.9 (Parkin Pursuant to Section 4.6.9(C)(5)(a), genera! industria! uses (manufacturing, assembly, attendant offices) shall provide parking at a cafe of 3 spaces per 9, ODD sq. ft. of floor area devoted to such uses and 1 space per 1,DD0 sq.ft. of floor area devoted to storage and warehouse. !n addition, genera! commercial uses (retail) and vehicle repair uses shall provide 4.5 spaces per 1,DD0 square feet of gross floor area ,ref LDR Sections 4.6.9(C)(3)(a)&(s)(b)j. The MIC zone district allows a mix of industrial, office, and limited retail uses. The subject parcel was developed in the County and was subject to their development standards when it was originally developed. Palm Beach county parking requirements for IL (Light Industrial) manufacturing and processing required a ratio of 2 spaces per 1,000 sq. ft. for the first 10,000 sq. ft.; plus 1 space per 1,000 sq. ft. over 10,000 sq. ft. (10,000x2/1000=20 and 6,000X1=6,000=6) for a total of 26 parking spaces. It is noted that 36 parking spaces are currently being provided which equated to a surplus of 10 spaces. As the subject property was established as Light industrial manufacturing only the difference in parking between the manufacturing (2 spaces per 1,000 sq. ft.) and auto repair (4.511,04D) parking ratios needs to be provided with this conversion. Therefore, the number of vested manufacturing processing parking spaces is 2.5 spaces (1,254 x 211,000 = 2.5). Accordingly, the proposed 1,250 square feet auto repair use requires 5.fi2 parking spaces (1,250 x 4.511,000) = 5.62). A total of 3 parking spaces are required for the conversion from manufacturing to auto repair {5.62-2.5 = 3.12}. These three (3} parking spaces required for the conversion are accounted for within the existing surplus of 10 spaces, and thus, the surplus parking will be reduced from ten {10) to seven {7) parking spaces. Historically, the following businesses were operating with an auto related use and license within the subject property since annexation: Name of Business Classification Date Issued Status Expiration Accel Towing & Recovery Towing Wrecker 10-19-94 Transferred 9-39-95 Knightech Engineering Auto Repair 10-04-90 Inactive 9-30-91 Macca Motors Auto Repair 07-16-99 Inactive 930-99 Cohen`s Lawn Care Lawn Maintenance 10-16-$9 Transferred 9-30-90 Atlantic Enterprise Auto Repair 03-05-92 Inactive 9-30-92 Black Forest Racing Auto Repair 09-2D-04 Inactive 9-30-04 Digital Auto Repair Auto Repair 11-05-93 Inactive 9-30-94 Clordeine Repair Auto Repair 0324-94 Inactive 9-30-94 Air-cooled Auto Repair 12-22-97 Transferred 9-30-98 F & D Auto Repair Auto Repair 03-31-06 Inactive 930-06 Planning and Zoning Board StafF Red. Meeting 06/13/11 Motion Auto Care. -Conditional Use Approval Pa e 6 Name of Business Classification Date Issued Status Expiration date {cont.} Clay's Auto Repair Auto Repair 12-07-98 Transferred 9-30-99 Digital Auto Repair Auto Repair 11-05-93 Inactive 9-30-94 Clordeine Repair Auto Repair 03-24-94 Inactive 9-30-94 Air-cooled Auto Repair 12-22-97 Transferred 9-30-98 F & D Auto Repair Auto Repair 03-31-06 Inactive 9-3006 Clay's Auto Repair Auto Repair 12-07-98 Transferred 9-30-99 Jacques Auto Auto Repair 04-19-99 Inactive 9-30-99 Clint & Mike Repair Auto Repair 03-22-00 Transferred 9-30-00 Mcalpine Towing Towing Service 08-29-03 Transferred 9-30-04 Eurotech Automotive Auto Repair 10-20-05 Transferred 9-30-06 DTR Auto Auto Repair 03-24-03 Inactive 9-30-03 Truck Rep.1,2,9,10,11,12Ruto Repair 09-24-10 Active 9-30-11 Max Marble Bay ~t,5,r? Granite Manufacturer 12-14-10 Active 9-30-11 Rich's Towing Towing Service 11-16-04 ]nactive 9-30-05 Boca Raton Auto Auto Repair 07-06-07 Inactive 9-30-08 A&R Automotive Auto Repair 07-24-09 Inactive 9-30-10 Black Horse Auto Repair 02-22-06 Inactive 9-3006 Acfion Labor Bay #3Emplo~ment Dffice as-a&-or Inactive s-30-08 South Florida Auto Auto Repair 10-20-06 Transferred 9-30-07 All Power Marine,? & s Boat Repair 08-20-1 D Active 9-30-11 Louis James Furniture Manufc. 05-21-09 Inactive 9-3009 Department of Speed Metal Manufact. 05-19-08 Inactive 9-30-0$ Upon annexation (1989), those bays which were operating with an auto related use were considered to receive a valid conditional use pursuant to LDR Section 4.4.19{D)(1)(c). Our records indicate this applied to Bays # 1, 2, 7, 8, 9, 10, 11, and 12. if those uses mentioned above have not ceased for a period of time greater than six months they would be valid uses pursuant to LDR Section 2.4.5{E)(6). Conversion of Ba s: From the above occupational license information it would appear that at a minimum any conversion to auto repair far Bays 3 (Motion Auto Care), 4, 5, 6 (Max Marble), cannot occur without Conditional Use approval and the accommodation of additional parking. LDR Section 4.6.6 C '[ Refuse Facilities: As no exterior alterations to the building are proposed the LDR factors regarding refuse facilities remain unchanged. The original findings remain in place. LDR Section 4.6.$ Lighting: As no exterior alterations to the building are proposed the LDR factors regarding lighting facilities remain unchanged. The original findings remain in place. Special Regulations: As this request does not involved any exterior modifications to the building the original findings for this use remain unchanged. Planning and Zoning Board StafF Rep .Meeting o61131t t Motion Auto Care. -Conditional Use Approval Pa e 7 REVIEW B`Y OTHERS The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Pudic Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of abjection by adjacent unit owners have received and are attached to this report for your review and will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. - ---- ASSESSMENT AND CONCLUSION The proposed conditional use request involves the establishment ofi an automobile repair and detailing shop} for Motion Auto Care within a warehouse commerciallindustrial development located at 1208 Georgia Street, Bay #3. While this use mirrors uses which have occupied much of this building the proposed use is inconsistent with the Wallace Drive Redevelopment Plan which specifically discourages further establishment of this type of use. Further, the establishment of the use will have a negative effect on the stability of the neighborhood and redevelopment of nearby property. Therefore staff is recommending denial of this request based on failure to comply with the Wallace Drive Redevelopment Plan and failure to make positive finding with respect to LDR Section 2.4.5(E}(5). ~ ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the request for conditional use to establish an automobile paint, body and repair shop for Motion Auto Care, 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 Wallace Drive Redevelopment Plan, the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E} (5), 4.4.19(D)(1)(c), and Chapter 3 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission of the conditional use request to establish an automobile paint, body and repair shop far Motion Auto Care, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Wallace Drive Redevelopment Plan, the Comprehensive Planning and Zoning Board 5faff Rep. .Meeting 06/13/11 Motion Auto Care. -Conditional tJse Approval Page 8 , ,, .. Plan and failure to make positive finding with respect to LDR Section 2.4.5(E}(5) and Chapter 3 of the Land Development Regulations. RECOMMENDED ACTION Move a recommendation of denial to the City Commission for the conditional use request to establish an automobile paint, body and repair shop for Mo#ion Auto Care, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Wallace Drive Redevelopment Plan, the Comprehensive Plan and failure to make positive finding with respect to LDR Section 2.4.5(E){5) and Chapter 3 of the Land Development Regulations. Report Prepared By: Estelio Breto, Senior Planner Attachments: Location Map, and Building Site Plan 1 ~ ROYAL ALM DR ~ . ~ 1 ~ . POINSETTIA DRIVE ~ U1 w z o J ~'-' c~ w z ~ GEORGIA STREET w z i w ~ ~ ~ ~~ v ~~ J LLJ N Z w MILFRED STREET L I N T O N B O U L~ VAR D -- DIGITAL BASE MAP SYSTEM -- MAP i2EF: S:\Plonning & Zoning\OBM5\~Ie~Cab\Z-LM 1001-1500\LM1252_Motion Auto Cnre IVIOTION AUTO CARE ROPERTf ' ` ~ 7208 GEORGIA STREET - PLANNING AND ZONING . `' ~' : DEPAR7MEN7 1p_¢3-46-20-19-000-0030 LOCATIOf~ MAP ~` ~aoeeeYpr~ai'ewpem~~~i 13F1fi0~ `y0Ea8 /SEJIB(] m ~aweee [csa1:~1 [nF ~S'Iae46 ~:Y ~n ssa~ ~ ~ O ep~aold 47uoS ip ~ ~ , ~o tsetE#~jd3~wl~rd~~vanJ~nais § $~.~aN'8 ~ ;aaJ;g~l6aoa~ e0z4 ~ sidaauo~ uo;s~~Eo~ ; ~z~ ~ `~` 5li9~N1~JN~ ~JNllIf~SNO~ I~JVIE S77V13A `'Sl~Il1'Id aredell iueuej ~ ~ ~ ~ B 9w Eu4 ~ w 0 .~ s ~ - 25 ~eF ~ a~a $ 3~ a ~ I ~ 3 a ~N ~I~~. ~~ ~~ ~~ ~~ ~ ~ 3 S x ~ o ~3~ I ~ ~ " -® ~ C 0 Z ~ ~ Y b Y {11 ~ g. ~ 35 '~6~~ 5 Y~' ~ _.. ~~ 4. OFF 4 3 F: ~ I ~. M _.. ~ s s S § _ _ ~ _..~ _ ~ b b t~ ~l s a I ~ ~ ~ ~ ~ ~ ~ ~ 3~ I - It I °° bi ~ ` ~ I Iai I ~I W as ~* ~ ~ s ~~ ~ - ~ ` ---.... I I~~i p _ I g~ ~ I ~ I ~,~. hue FRSTS is I +l E{ ~ 0 s ~~ ~~ ~ ~~ ~ ~`~ ~~a~ ~~ ~~~ ~~ ~~ $~~ y ,~E 8 ~~~ If ~ ~~ ' ~~ ~ ~ F t ` P- ~ ~~ ~~~ ~ ~ ~ ~" ~~ ~~ ~ ~ ~ ~ ~ a gag ~ ~ d ~~e8~ ~ Cgg ~ ~ ~~ ~ ~ ~ ~ ~~~ ~~~i~ ~~ ®~ - N M ~ ~g m4, _ ~ uT it I ~ ~I I ~ ~ ~i ~. a ~ 1_ i~ I ~ j ~ .~..._~ f t i d. c~ ~. ..,~.~ ..,a c~ ~~ yy~~- ~~. - -~~ __._ ,~ ~ `: ~ h , - ,,~ ~- ~~ ~ ~ _. .~ ~ ~~. ~~~~ I ~' i a i 4 ~- .is 1 y [ i 1 ~ j i i ~~ I i .r '' II~~ I Y7Fj 1 t~J -_'. 4 `4 `~ i;J -~ :9 1 ~I k IJ J ~~~ }' 'Ga k. :- w ?~ A _ Rl '~ } ~` ~~ ~ ~ ~ _ ;:-~` j '~ s:': ~: -;,y..,,,~.- ~~ i '' __ n~,..: t ~~ -~ ~, J f 1 ` l ,1 ~ ,_ i m ; s i ~ ~ 3, ,~ ,~. ,eY f," k7 ~~.,AII < ~ ~;i ~ f t f ~ ~~ .. t .., r ~' ~~~~ 1 4l ' ~ `I k; , ~ ,. l~ t~ '~~~ t %:'~ ~ ~ I - I ~ F N~ J 1:34 ( r "i j _ ` 4 I. iii J 1 ~. ~a ~~. EL i 1` 1 „ .k ' . ~~, ` ~ -' ,r . ~ 7 ~ ?~ 'I };~~ ~ ~ ~j 1 ! i ' s; - C ?. ~ S- } .f~. 1 e~ ~ s~ t 4qt. ~b ~. :~ .~ ., -ti ~`rt~. ~~ ;~, '; =~*°~ __ S y.~- --."~p.",.~ _' 43~: 4 ~ Y:, 1 41 fi ' F :~ ~ ~ -;_: i ~ ,r ~ ~-~ ~~~ I ~""~ a 9 ~ k~ W~ `° ~' g , M ~ A. ~ y..w. ~~ ~ r „.. i ~V ~, p ,. u .: k. ~._.~ 4" G v p "N 1 ~yp~ 4~e:~" ~. P ~ ~~ I /b/pp M=~& 9{°Y~ V ~ ~ ~ ~~ d' ~, ~ ql _ VV ~ I ~I _~ .,~~w~ ~, r r, z i~ i~~1~1 l i i I I f r f ~. ~, '~ °:~?f ~ ~. i, „ a i i '~~ ,. I ~ ,i ~,~ ~, ~ c "~ ~~ ~ % „ ~,,,, ) ., ~ ,~ t r. ,,, a ~ !f f J ~ r ,j v ~ . 1°' ~' 1/. f Y 5 ' I/Yt ~ J ' rf rf i 1 / i ~ s ~r} r ~ , ~ M,~`~yr ~ ri~ ~~ ~ -~' r51 ~: f ~.~,m~ cl n ~r ~,% ri „ ,,; '~ ' ti ~ N ~~ ~~ ~ _' yr ~ ~ ~3~f ~ ~ . ~~ !E I~ r u~ ~ ~~ ~ ` T ~ ~ ' r ' l f i ( 4 A ~ f ,y, } l ~ MJ Ill 1 ~ r . li . uf l ~ ~1,f ~~ ~ ~{~. ~' / IY t y ~ r III f ~ :; ; ~ f %Z ~ 9' ~ ~ ~. k~t~ I N ~ , W i :X I ~' !C ~ N~`X~. r l.,,t} i~' r ' ~ ~ I . . i - ~~~ ~~~ ~ f {~ I f a' / ~ Jl x~'Yi Atli' !~1-„. y... G II { C J 1 ~ jl~ Y/ ~ ~ ti ~ ~' i 1 ~~~~ J aT f~ ' ~ ~~ ~ j tly ~ ~.'~. A fl (r '4J. ~ +~ 11 ~1 /' L I ~ ,~ ' I' . J,r~ j 1' ~ ,~ ~ I~ ~. 1 ~ ~( f / Y ~ ~ I / III { ~ 3 ~ ~ f. ~ .r ~' 1 ~ Q ~ JH ! I ~ rr~3 { ''. 1 ~ ~~ rk ~ f ~.~. I 1 ~. J i I~ Iii ry ~i~ ~ ~, ~ ~/i F ~ ~ ~IUII , l / I ' r 1.~ 1 L 'i;:~ ~ t``~'3r ~aF ~ N - f ~ ~ rr y~'~ ~J. + v f vS k fi~ 1 I ~ o~Y~ ~~ . <. ~ ~ f~ l i ~ t ~ ~ '~ ;~~r ~ :(Y'~ ~Qif t`. ,1` g. r ~r` i ~ 1 . ~ . i;:f ~ s~ w~~ ? r ..I ' ti ~ "~ ~ ~~ ,„. l ~ ~ ,'- ~ k rF 1 ~ , i t ~ ~ ~ r 1~ iy. ~ ~ r I ~ ~ i ~ -3 spa f y" ~ ~ a ~ J ~ i ~ i~ r i . § ~~ I H ~ , S z I, i ,,. a f /y~ ((~ ~~j V s j, ~ ~ ~`~ G ~ ~ ij - ~ ~ i !~ ~ ~ X ; _ ,n' iy', 1 I ~ ~~ I iii ,` 1~ ,; :~ + u~ r<` }° rJ44 l ~ a , y f ~~fft~ r ~ I :i - ~ ~ ~~, J . J{ ~,~ L A z ~ ~ ~~ ~' l ( ;i ,, i ~~ ~~ ~~ I inn ~ ,. 1 ~ ~,~~ ~ ~ ~ t °~ r, J, 1 i ~' ~~ is ' a, ~r! ~ , { ~~ . ,;. f ~~% .1; ~ ,f. f ~i L, ~ i y. ~'{' i ,, 1 ~ ii ~ i _. ~ .~` 1 i hl ~~.:i ~ ~ I ~/~ ,.~ .,.. ~ ,,n:,.:: ~ r ir' "~ ~ ii lam`' ~ i - ~. ,' '~,I. I I ~~ i1 ~,/ %Ir %/' I. fly ~. ~~% ((~. 1/i { .d/ .f~i v~ IY ~ ~;j ~ I ~~ ` ~~ ~~ I ~ y ~ l ~ ~~ ~~ ~ ~ ~ { , ' s ~ ... ~ , i'i I'~~~ ~' , ,. I ~`~ fi, i"~"r, ~ ~' li F ,~ r=' S ~ ,.. ~ ~ x ~~ ~ i i~ r ~ ~ ~ iiw ~ . ~ ~ ~ t. "I ~ „ ~ ih ! ~ , i ~ t .~ ,, a ~ a ~~~ f r~i~ s5~f~ r / ~. ~ rV` ~~ ! ~ ~'.~~F ~ ~, i, I ~ Fi., r ;' ~ I ~ /' ~ II ~>> ~ r»,- ~ i 7 f Y, ,, r r. r ~ t Iljl~ t~ ;. ` . 4 i , ,. i , t rI l r, .' ~ ~ ',,,, ~, ~r, ~~ ~ , ,~ ~ jai fs;. c cis r ~: ~ ~ ~ ~ ~~ ~ ~. - umN ~ i; ~ ~~°: I rai' , ~i ~, "~i 5. r ~ 4„ ~? ~ ~I i IVY , ~I ~ ~, um IJ ~, ~i a ~ ~ I { ~ 1,- ; ~~a~ ~~ 'i,`~ i~ ' ~ 1 f ~~ ~+ ~ M +~ ~ ~ ' . ~~ ^' I~' Akl ~ ~;~:;Jeri ~ ~ ;~ ~E~ ~ t-`" ~ 1 ~ ~ - u ; , ,, ~~ :; cw9,, ~i f , "#,.~ ri~ ~ ~ '~~~ I; li ~~~~_ ~~ ' "~ ~~~ d, '~ v,, i;, rl ~: S ~ a ~, to f~„s ' 7 r ~ , , 1 11 ~~~' ~ ~ N~ x r'~'1 ~.~ ~ ~ ~ ~ j K ~j ' 3 _ ~ h ~~ ,~, , ~ i %' ~s~"r~ ~ r ~~ ~ ~ ~, ~~ ~ ~I' ~' °' d ~ %~r~ 0~ <+< .. . j%/. .' 7, ', ~'1 ;+ '~ IIII ~ii~ Jar ~ ii, ~~1~r t/~i~ ": Ill ~f ~. III iii ~~~~ ~ ~ IIII Ali d ~'~~il', ii //~l/~%%~! ~ / ro rii ...~.h .. .III / / '°r ' ~ n( A 311, f ~:%' :~ r ,'i. ~~~ i i ~~ ~,ij~ ~!F ~ .. ~ ., ~ ~,,Jr x.Q.• ( V i jl IR ~ Y v ~Fi~ ~f!~ } a~k~ ! 7 ~ ~ ~; ~ ~~ ° F a c i n ! ~r. A t 'l ~;Plrt _ i, ,. e { r ~ ~ ~: ?,+ vh ~ ~~ °an ~~ f ~ ~)'"t f ~ y ~ 4 ~~~/~ ftFa'2j.~1~~ ~'.. aA.}~~ ~ 1 ~r c// I '. y t~R~ ~ ~.N'~ ~ i ~ ,'pW' i ~ i 'l ~~ j u ~E ~ ' ~ ~ - ~/r i3 '+ , ~ n ; f i1 Y ' l ~~ ~ f(~, r J ~ I y ww I ~1 ~' i F ~ ' i '"ZY "~ ~ ~ h , ~'~y~~,c~~r~~ x 1 C4 a ~ ; ~. ; t ~' I +~ 1 4~ ~!~~ C~~ t * f ~ ~ 5 ~' rv~ ~~ R 1 ~ / i. ~~ -~ s j < <, „~ ~ ~ w,. ;: '''~ ., ~-- , .~:. .. ~r,i n. ~ r,~ ~~ L ~F~r i ~ ,j tt~~ 'i i I + ' ~ it ~~~ ~~ /u , 1 r;' ~~ _. ~i ~~,~.~ J I ~ _ ~' ~ ~ J ~ ~ ~~'wl ; ~ .rte, x ~" ~~ ' ~ p~f H < < i . yi ~ V ' ' ~ t h ; ~ t~~r~ S -:~~ v~ ~% I ' ~i~'~ .~ r~ ~*~t:~ ~ , ~? ~#~ ~i~ ~~ ~,n. a . w ` ~ ~ ~* td ~S ~'N 71 jp ~~~ ~~ ~I ~ ~. :. +VJ~ i 1 { ~ y {~ Y Y~gjj'~ ,' I Sir F.4111N ~ (y' ,y~r; !~ ~ ~~ i , ~ i~~"~ ~ ~ } }~. r I ~ ~' 4 ~ ~ '. '~4c: ~{yf ' V s ~f~e y il~ er ' ~ i +~ ~~' , 1 '6 ~ ~ ,. 5i i ('~~~~~~ ~ .r ~ ~~ b~r i r ~ 'y . ~ ' ~ hQ ~ . ~ . .. t~,~^^ {.( ~~ t f S ~~~~ ~~M t I // d Y r ~ a;, ~7 ~ r! utir 1l~ < '~~ ~ ~ 7 i S,i a ~ , ~ ~ ~ ~ Y r r Ir ~ ~ i v i, - f' ~ -. t i ~ ~~; ,i (~ y IJ .*A~ 1 r f~,, i t ~ l ~ I r }J E { 1 ~ ~• F `T~f~{y f ~y ~j I t i + 1 _ ~1 I I; ~ i J + /~ ~ ~ III ~,~~' ~ , ~ k, S.% ~, ~ Ei A ~ !. ~ I{ ~i ! ~ /. ~ ~I( I ~'~i1 III ~ ~ ~ ~ ~ ~ ~.~ .dd r~ . d ~ . ~ . ~ 1 ~I~ ~ '~4 =, ~p 8 I :.Ills i .ti ~ i I .I ~ ~ ,~ ~s~~w i :'. ,,, q . ~~, '~ I ~ ~ ~r ~ ~ ~~ ~ ~ F a~ r ~ r ~ ~„~ f 3 i j ~r: ~ ~t t i ~~ ~ ~ 1 I i ~t l; y" ~ is j N ~ N~ ti 4~, J ~~ ~ ~ 1~, . ~~ . , , ~ ~ ~ f~ ~ ~ ~~Y ~~ ~~' ~~ ~ I j7j ~ d~ trr ~ ~~~~~ Y ~ " " i r, I t u i , ~ ~ I ., I'~• u ~ N' Y % T4M~ ' ~ t i K ~ '~ rs~' r rc~~ ' 11 -~r~ _ ~~ f , .~. ~ ~ '~~~ ~ ~! [ ~G •~ ~ I ~ t~ ~~ , r , ~ 4~ y ~fi w +' ~' { 1 R':~ ~ ; 'q ' ~ ~ u; J M k ~r ~ r i , . ,~„~ !c , 1 i i ~R ~i ~ X r ,,. ~, ,. ;~~ .. 1 , ~ r i ~ f i 9 , ij i ~~ r l c ~~ ~„ ,, ~, ~~ ;~ ' ~ ~~ ~ ~ {~ ~ ~~ j ~ 1 , ;.J. i i ~~ f', Y 1 I i Yj l . 7 ~°~ ~ ,~ i ~til o, 'x ~~ ~ `~,'~'~~~ I IIII I' 1 ~ ~ 'k ~ ~. 1)..'. ~. ~{$ `~ ' I III .111 fit r ~`~ , r= „~rV3. ;; ~ ib'~ ~ ~~;~: t ~„y.. ~ I ~~ ~~ uio,~~'° ;, , ~~~ i ' ,,,,. I ~ ;% ~ I ~~ um ~r '..' ~„ lug ., . , i Ilf i MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 30, 2011 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 FUNDING AGREEMENT/ CRA/ECONOMIC DEVELOPMENT DIRECTOR POSITION ITEM BEFORE COMMISSION The Commission is requested to give direction as to whether a new Economic Development Director should be hired, and if so, what organization should that position be a part of. BACKGROUND For several years the City funded an Economic Development Director who was located in the Chamber of Commerce. Although periodic reports were given to the City, the position was housed in the Chamber of Commerce and and received day to day direction from the President of the Chamber. After the incumbent left, the position was vacant for a while. When the economy turned down the CRA decided to reestablish the position with it funded 75% by the CRA and 25% by the City. Now the position has become vacant again, and the CRA wishes to hire a new person for this position. During Goal Setting there was some discussion about whether the Economic Development Director should be part of the CRA or be reestablished as part of the Chamber of Commerce. There was also discussion that if the position remained part of the CRA, the City should participate in the selection process and the funding agreement should be more specific about what the persons responsibilities were to that part of the City outside the CRA district. Attached is the position description proposed by the CRA and an e-mail from the CRA Director concerning tasks which would still need to be done by someone even if the position were not part of the CRA staff. RECOMMENDATION Commission direction is requested as to whether a new Economic Development Director should be hired, and if so what organization that position should be part of and how it would relate to the City as a whole. FUNDING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY THIS AGREEMENT is made this day of , 2011, by and between the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as the "CRA", and the CITY OF DELRAY BEACH, hereinafter referred to as the "City". WITNESSETH: WHEREAS, increasing economic development within the City of Delray Beach is essential to maintain a vibrant and competitive community; and WHEREAS, the CRA and the City desire to work to further the economic development within the City in a more cohesive collaborative and streamlined manner; and WHEREAS, the CRA desires to dedicate staff resources toward implementing the economic development initiatives contained within in the CRA Plan, WHEREAS, the City's Home Rule Power allows and F.S. §166.021(9) expressly provides that the expenditure of public funds for economic development is a valid public purpose; and WHEREAS, the CRA and the City desire to participate together in funding a position dedicated to economic development, within the Community Redevelopment Area and the City of Delray Beach as a whole. NOW, THEREFORE, in consideration of the promises and covenants herein contained, the parties agree as follows: 1. Recitations. The recitations set forth above are incorporated as if fully set forth herein. 2. Position. The CRA and the City, pursuant to the terms and conditions contained herein agree to contribute funds in order to provide for the creation of a new employment position entitled Economic Development Director, hereinafter referred to as the "Director". The Director shall be employed by the CRA. 3. Employee of the CRA -Duties of the CRA. The Director shall report directly to the CRA's Executive Director and shall formulate, recommend, and carry out policies relative to business development, business retention, and business enhancement strategies and programs within the CRA Redevelopment Area and other identified business districts within the City. The CRA, as the employer, shall assume all duties and responsibilities of employer which shall include but not be limited to providing office space and directing all activities of the Director. 4. Director Duties and Responsibilities. The duties and responsibilities of the Director shall be to formulate, recommend, and carry out policies relative to business development, business retention, and business enhancement strategies within the CRA Redevelopment Area and other identified business districts within the City by performing tasks as provided for in Exhibit "A", Economic Development Director Job Description. 6. Payment to be made Towards Funding the Economic Development Director Position. The CRA and the City acknowledge that the CRA's ability to fund the Director's position is limited to the extent that the Director provides services with 2 respect to economic development activities within the Community Redevelopment Area. In recognition of the CRA's funding limitations, the CRA shall only pay seventy-five percent (75%) of the Director's salary and benefits per year. The City shall pay to the CRA twenty-five percent (25%) of the Director's salary and benefits per year. The monies shall be paid at the start of each quarter in pro rata increments. The first pro rata payment shall be due July 1, 2011, if a Director is hired by the CRA. If a Director is not hired by July 1, 2011, the quarterly payments will commence on the first day of the month after the Director is hired on a pro rata basis. The Director's salary shall not exceed Ninety Thousand Dollars ($90,000.00) per year. The CRA and the City agree to meet on a regular basis to ensure that the funding of the position is properly shared by the CRA and the City in proportion to the Director's duties and responsibilities as they relate to economic development within the Community Redevelopment Area and the City as a whole. 7. Term of Agreement. This Agreement shall be for a two (2) year period commencing July 1, 2011. The funding promised herein is subject to budget restrictions and approvals. The Agreement may be extended for one (1) year periods if approved by the City and the CRA. 8. Recording. This Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 9. Entire Agreement. No prior or present agreements or representation with regard to any subject matter contained within this Agreement shall be binding on any 3 party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 10. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 11. Governing Laws; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall in Palm Beach County, Florida. 12. Assignability. Neither the City nor the CRA shall assign or transfer any rights or interest in this Agreement. 13. Validity of Agreement. This Agreement shall not be valid until signed by the Mayor of the City of Delray Beach and the City Clerk and the Chair of the CRA. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk Approved as to Form: By: Nelson S. "Woody" McDuffie, Mayor (SEAL) City Attorney 4 ATTEST: COMMUNITY REDEVELOPMENT AGENCY By: Howard Lewis, Chair (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2011, by of corporation, as on behalf of the corporation. He/She is personally known to me or has produced as identification. Notary Public -State of Florida 5 Delray Beach Community Redevelopment Agency (CRA) Job Description Form Job title: Economic Development Director Location: 20 N. Swinton Avenue Reports to: CRA Executive Director Type of position: Hours: 40/week ^ Full-time Pay Range: Q Part-time ^ Exempt $61,500 - $90,000 Q Contractor Q Nonexempt Q Intern General Description: Under general direction of the Delray Beach CRA Executive Director, the Economic Development Director plans and implements business and economic development programs and strategies for the City and the Community Redevelopment Agency, with particular emphasis on the downtown and Congress Avenue business corridor. Duties Include establishing and implementing business attraction and retention strategies, incentive programs, marketing, and workforce development. Work is performed at a highly professional level with a high degree of independence and initiative. Duties & Responsibilities: The Economic Development Director shall: General: • Work with the Community Redevelopment Agency, the Chamber President, the Chamber's Economic Development Committee, City government and elected officials; and all appropriate County agencies to formulate, recommend and carry out policies relative to business development, retention and enhancement strategies and programs in the CRA district and identified business districts within the City. • Coordinate with other agencies and organizations such as the Business Development Board, Workforce Alliance, etc. on regional economic development activities as well as working with other appropriate government agencies, bankers, real estate and commercial brokers acting as a liaison to facilitate productive interactions with the City of Delray Beach. • Prepare reports and make appropriate monthly and annual status presentations to CRA, Chamber, City and others as necessary. Business Recruiting, Retention and Expansion: • Meet, confer and provide detailed information to new businesses contemplating a relocation or expansion into Delray Beach • Implement the Economic Development Programs outlined in the CRA Plan. • Represent the City with outside agencies or private developers and other interested parties. • Meet, confer and provide detailed information to new businesses contemplating a relocation or expansion into Delray Beach. Entrepreneurial and Small Business Development: • Develop strategies to attract entrepreneurs and promote the development of innovation oriented companies in the CRA District • Identify potential resources for the development of Innovation Businesses • Participate with other public and private entities on the creation of business incubation programs • Promote Public-Private partnerships to provide support and resources to start-ups Economic Development Marketing and Attraction: • Provide supervision and support to the CRA Marketing and Grants Manager in order to fulfill the CRA's Marketing Plan, including developing strategies, identifying the community competitive advantages, targeting industries, identifying prospects, and using marketing tools. • Assist in the marketing and negotiations for development of CRA-owned properties • Serve as a resource for the public, including the development community, businesses, property owners, community organizations and make public presentations to help educate local residents, the business community, and City of Delray Beach staff about the benefits of a planned economic development effort. • Respond to inquiries regarding economic data, trends and resources such as industrial and commercial development opportunities. Economic Development Finance: • Review and process applications for the various CRA Economic Incentive Programs • Write, justify and budget for annual requests for CRA and City funding for economic development to include private sector fund raising though the Chamber of Commerce to support Delray's economic development marketing plans and overall economic development efforts. • Review financial data submitted in relation to development proposals utilizing CRA properties. Arts and Economic Development: • Provide supervision and support to the Creative City Collaborative staff in order to fulfill the Arts and Economic Development Program objectives contained within the CRA Plan. • Assist in successful conversion of CRA warehouse to an arts-related facility. Perform related duties as assigned. Education, Skills & Experience Requirements: Bachelor's degree in business or public administration, economics, marketing, urban planning, finance or related field. Master's Degree desirable. IEDC Certified Economic Developer Designation desirable. Minimum of five (5) years experience in economic development, community development or redevelopment activities in the public or private sector, or any equivalent combination of training and experience that would provide the following knowledge, skills, and abilities: • Thorough knowledge of effective principles, practices, methods, and techniques of municipal economic development. • Thorough knowledge of business concerns, needs, practices, and markets and relocation needs and initiatives. • Knowledge of the techniques and principals of public relations, external community image building, and marketing. • Knowledge of the City's long-range plans and needs for improvement of the economic base. • Thorough knowledge of private sector financing and incentive strategies. • Excellent communication skills - ability to prepare and present professional oral and written reports and recommendations following necessary research and investigation. • Ability to establish and maintain effective working relationships with City and other governmental officials and private sector executives and business representatives. • Ability to operate standard office equipment including a personal computer using program applications appropriate to assigned duties. • Excellent work history and attendance record. Revised 5/6/11 From: Harden, David To: Wynn. Kimberly; Hasko. Richard; Smith. Douglas Subject: FW: Economic Development Director Position Date: Monday, May 30, 2011 6:15:44 PM This is another attachment for this agenda item. From: Colonna, Diane Sent: Thursday, May 26, 2011 3:14 PM To: Harden, David Subject: RE: Economic Development Director Position We need to have a person administering our incentive programs, and I also need someone to devote time to overseeing the Arts Garage and Warehouse projects. If the Commission decides they don't want the person on the CRA staff then the functions may need to be split into two positions. Let me know as soon as you have some direction. Thanks. Diane Colonna Executive Director Community Redevelopment Agency 20 N. Swinton Avenue Delray Beach, FL 33444 (561) 276- 8640 colonnaC~mvdelravbeach.com Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. From: Colonna, Diane Sent: Tuesday, May 17, 2011 3:30 PM To: Harden, David Cc: Costello, Jeff; Hayward, Lori Subject: Economic Development Director Position H i, Attached is a draft of the Interlocal Agreement that if approved would provide for the shared City- CRA funding of the Economic Development Director position. The City would pay for 25% of the salary and benefits on a quarterly basis. For Francisco's $80,000 position the quarterly payments from the City were $5,635 for the first year, then $5,958 when he started receiving retirement contributions. This agreement stipulates that the City's first payment would be due on July 15t assuming we hire someone by then. If not the first payment would be due on the first of the month following the hire date, and would be prorated to cover the actual employment period. Let me know what you think. Diane Diane Colonna Executive Director Community Redevelopment Agency 20 N. Swinton Avenue Delray Beach, FL 33444 (561) 276- 8640 colonnaCGmydelraybeach.com Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, P.E., Project Manager ESD/CRA Richard Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 9, 2011 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 CONTRACT AWARD / INTERCOUNTY ENGINEERING, INC./ OSCEOLA PARK WATER MAIN PHASE II ITEM BEFORE COMMISSION Request Commission award a contract to Intercounty Engineering, Inc. for construction of the Osceola Park Water Main Phase II Project #2010-082 in the amount of $816,492.50. BACKGROUND In December 2004 City Commission approved the Osceola Neighborhood Redevelopment Plan. For purposes of this plan the neighborhood is bordered by SE 5th Avenue (Federal Highway southbound) on the east; Swinton Avenue on the west; SE 2nd Street on the north; and SE 10th Street on the south. The purpose of this Redevelopment Plan was to fulfill the requirements of the Comprehensive Plan and provide the framework for revitalization of the entire neighborhood. City and representatives from the neighborhood have met numerous times to discuss implementation of the redevelopment plan recommendations. It was agreed that the assessable elements of the plan would not be implemented at this time, but that the non-assessable underground infrastructure would be constructed. The scope of this work generally consists of installing approximately 5,340 linear feet of 8 inch Ductile Iron Pipe water main, connection of water services, and installation of fire hydrants. This project also includes clearing and grubbing, sodded Swale, asphalt trench repair, driveway apron replacement, drainage, and maintenance of traffic. The bid opening was held on May 06, 2011 and bids were received from four contractors. Caribe Utilities of Florida, Inc. is not a City of Delray Beach prequalified contractor and received no consideration for award. The apparent qualified low bidder was Intercounty Engineering, Inc. with a bid of $816,492.50. Intercounty Engineering Inc. provided a bid submittal that was complete with no apparent errors, except that they inadvertently did not provide a copy of the contractor prequalification eligibility letter required as part of submitting a complete bid. This letter verifies that the contractor is prequalified to bid the work, but has no impact on the dollar amount of the bid. Intercounty Engineering has been a prequalified contactor with the City for the past two years, and was awarded the construction contract for the Area llB Reclaimed Water System project on March 1, 2011. As stated in the bid documents, "The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part with or without cause and/or to accept bids that in its judgement will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions." On the foregoing basis, staff is recommending that Commission waive the omission of the prequalification letter in the Intercounty submittal. In view of the prior contract award to Intercounty Engineering Inc. in the amount of $1,408,505.93 for construction of the Area llB Reclaimed Water System Project, Intercounty Engineering Inc. was required to provide a letter stating that they will be able to perform both projects concurrently within the contractual timeframes. FUNDING SOURCE Funding is available from account #442-5178-536-65.85 after budget transfer. RECOMMENDATION Staff recommends award of the Osceola Park Water Main Phase II contract to Intercounty Engineering Inc. in the amount of $816,492.50, which is less than the $1,000,000 Engineering Estimate for Construction. - N N N O O U O ~ (6 O ~ ~ ~ O ~ O N C ~ ~$ ++ ~_ ~ m L 'O L L ^~ LL O U U _~ `~ r M~_ W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . W 0 0 0 0 0 ~n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~n p H 0 0 0 0 0 I~ 0 0~~ 0 CO O 00 O O O O O O O O O O O O O O O O O O ~ N Z (n O O N N 00 00 ~ ~ M~ 00 M~~ ~ O~~ CO N 00 O CO O O CO N O O O O O fA I~ W O M ~ CO ~ O ~ N 00 ~ ~ ~ ~ ~ I~ N O 67 ~ M CO 00 N ~ ~ ~ 67 67 ~ O ~ O M ~ d () ~ ff-? ff-? ~ N CO N ~ fA fA M 67 N fA N N M fA N ~ fA ~ CO fA ~ ~~ M ~ ~ I~ C ~ X ff-? fA fA fA fA fA fA ~ fA fA fA fA fA fA fA fA fA fA fA fA fA fA ~ ~ W L d O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O p W O O O M M~~~ I~ N O O O~ O O O O O O O O O O O O N O O O O O O LL ~ U O O O N ~ I~ EF? fA fA fA ~ fA fA M 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 ~ N ff-?fA 00 fA fAM N 00 N ~ 00 M 00 fA O fA O O O O O O O N ~ _ ~ _ _ _ _ _ _ _ _ _ _ _~ M ~ CO ~ ~ ~ ~ OO OO CO ~ ~ fA fA ~ ~ ~ O ~ O M d ~ ff-? fA fA fA fA fA fA fA fA fA fA fA ~ ~ M ~ ~ ~ ~~~~~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O p o000oooo~nooo~nooooo000000000000000 0 W O O 67 ~~ u) u) O H O u) ~~ O O O u) O O O O O O O O O O O O O O O O O p H O O N~ CO I~ ~~ O O 67 M e0 CO O O O CO e0 e0 ~ I~ ~~ O O~ O O O O O ~ O (n O O 00 M CO M 00 CO 67 M M N 67 ~ ~ CO ~ ~ O N I~ M O~ O M 0 0 0 0 0~ fA CO W O N O N ~~ ~ CO 67 O~ ~~ O ~ N CO ~ ~ M M CO 00 ~~~ I~ ~ N O~ O~ I~ ~ () ~ ~ ~ CO M fA ~ ~ ~ fA fA N 00 N fA N ~ ~ fA ~ fA fA ~ I~ EF? ~ ~ ~ M ~ fA ~ X ff-? fA fA fA fA fA fA fA fA ~ fA fA fA fA fA fA fA fA fA fA fA fA ~ _ O W U = ~ ooocorno~no~nooo~nooooo000000000000000 O O O~ N O I~ O M O O N O O O O O O O O O O O O O O 67 0 0 0 0 0 0 W O O 67 ~ N~ M N~ ~ ~~ M~ 0 0~ 0 0 0 0 I~ X 0 0 0 CO 0 0 0 0 0 0 U O O N N N I~ EF? fA fA fA M fA fA M O O N I~ O 67 M O B 00 ~ fA 0 0 0 0 0 O O 00 fA fA M fA fA M O I~ N N E 00 ~ O~ CO 0 0 0 0 fA A A N O N ~ ~ ~ M M M M N~~ ~ ~ M N O~ O~ d ~ ~ ~ ff-? fA fA fA fA fA fA fA fA fA fA ~ ~ M ~ fA fA fA fA fA fA fA fA O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O p 0 0 0 0 0 0 0~ 0 0 0~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . . . . . . . . . . . . . . . . . . . . . . . . W O O O O O O O N O O~ N N O O O O O O O O O O O O O O O O O O O O N p H ~ 0~ 0 0 0 0 ~ 0 0 67 O ~~~ O~ O O O~ O N~ 0 0 0 0 0 0 0 0 ~ 67 (n ~ CO N 00 00 00 O CO ~ 67 M N M N O~ I~ O N O~~ O N ~ N O 67 O O O O fA ~ W O 67 eo CO ~ eo ~ O ~ 0 0 ~~ I~ N O~ N M I~ M eo N~ ~ O I~ N~ O~ O~ CO U fA ~ fA CO N ~ M N ~ fA N 67 N fA N ~ ~ fA ~ ~ fA ~~ fA ~ fA ~ M ~ ~ ~ ~ X ff-? fA fA fA fA fA fA fA ~ fA fA fA fA fA fA fA fA fA fA fA fA fA ~ = W 3 O V L ~ 0 0 0 0 0 0 0 0 0 0 0 0~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w+ 0 0 0 0 0 0 0~ 0 0 0~ I~ O O O O O O O O O O O O O O O O O O O O = - W O O O I~ O O~~ O~ ~~~ CO O O O O O O~ O O O N O 00 0 0 0 0 0 0 ~ U ~ O~ N ~ O fA fA ~ fA M fA fA M~ O~ O O O N~ M~ 0 0 fA 0 0 0 0 0 CO N fA fA 00 fA fA fA CO 67 N CO M CO ~ N M I~ O O 67 O O O O fA ~ ~ 67 00 CO ~ ~ ~ M ~ ~ M M ~ ~ ~ ~ M ~ O ~ O ~ d ff-? ~ fA fA fA fA fA fA fA fA fA fA fA ~ M ~ ~ fA fA fA fA fA ~ ~ ~ 0 0 ~ 0 ~ 0 ~ ~ ~ 0 0 I~ O ~ M ~ ~ CO O ~ ~ O N O ~ ~ ~ ~ ~ ~ O O O N ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ CO ~ O O I~ ~ M O H a ~ N ~ N ~ I~ N N ~ ~ ~ _ W ~ Z (A (A (A LL LL Q LL LL LL LL } } } ~ Q Q Q Q Q Q Q Q Q Q Q Q LL (A (A (A (A (A (A ~ J J J J J W (!J (!J (!J (!J (!J (!J (!J J LLI W W W W W W W W W W W J J J J J J J W ~ c6 ~ U ~ ~ N ~ ~ .~ O _ CO N ~ ~ ~ U N (6 i O ~ ~ U N ~ ~ O U_ ~ L N ~ ~ O ~ ~ N N U N ~ L ~' y o2f >, ~ (6 '~ O ~ N ~ (6 ~ ~ ~ ~ ~ ~ Q ~ L U N O) .~ .L U (6 U Q O N "O O N C L O N N C Q n r n C Q (6 (6 > > L N C H ~ ~ ~ ~ W ~ ~ ~ ' ~ ~J ' > > ~ ~ ~ > L ~ O C_ ~ ~ `~ ~ L L C ~ O p O " ~ C ~ c6 a > > N ~ UJ > ~ }' ~ N c a~ Z O N ~ U' " L c L c N ~ O S Q Q (!J p ~ . ~ (6 ~ ~ > > C ~ ~ ~ ~ ~ to to Q ~ L ~ ~ H t~ O ~ C O U C N C .o O N a Q p j ~ ~ U) U) .~ N ~ c6 ~ ~ L ~ N N N ~ L O C ~ to N N >, 00 00 - ~ ~ N > Q O Q .-J C U _ ~ ~ . - ~ .L ~ (6 L Q (6 L Q (~6 .- C L U C (6 L Q ~ U ~ U O ~ "O (6 ~ ~ (6 O (6 O = N X X O X O X ~ O' ~ ~ ~ ~ 7 O ~ O ~ L N >. _ L ~ O N ~ m ~ N fq ~ O (6 O O (~ N O L c - - (6 ~ O i N ~ +~ C ~ o W ~ ~ - to to to L _ _ _ _ CO N c - . . > t ~ p U Q Q (A U Q m ~ ~ ~ ~ eo eo CO LL ~ ~ eo CO LL (A (A ~ Q ~ > ~ ~ ~ Q - ~ N M ~ ~ CO I~ O 6~ O ~ N M ~ ~ CO I~ O 6~ O ~ N M ~ ~ CO I~ O 6~ O ~ N M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N N N N N N N N N N M M M M ~ O ~+ Z May 16, 2011 City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 INTERCOUNTY ENGINEERING, INC 1925 NW 18th Street Pompano Beach, FL 33069 Tel: (954) 972-9800 * Fax: (954) 974-0042 Attn: Richard C. Hasko, Director of Environmental Services Re: Osceola Park Improvements Project No. 2004-003.2 + 003.4 Dear Mr. Hasko: We were fortunate to be the low bidder for the above referenced bid on May 6, 2011. Due to the fact that we are currently performing the Delray Reclaimed Water Main, Area 11B for your City we would like to assure you of our confidence to be able to man both jobs more than adequately to ensure completion in a timely manner. By the second week of June, 201 1, we expect to have one of our best and most seasoned crews available for this particular project. This crew will be fully equipped with the properly sized trackhoe and front end loader, crew members and tools to successfully build this job without compromising it or any other jobs we have with you or other governmental agencies. Additionally, it was, and still is, our intention to supplement the l IB Crew within the next two weeks. This crew and/or crews are in addition to the crew we have selected for the Osceola Park Improvements. Further, we will be assigning the same Project Manager who has recently completed one Reclaimed Water Main project with the City of Delray Beach (done through Brang Construction), as well as the current Reclaimed Water Main 11B Project. We feel this will maintain continuity and a clear understanding of the City's needs and desires. We hope to continue to enjoy what we consider to be a great working relationship with the City of Delray Beach based on a mutual respect for the quality and timeliness of our work. Should you need anything further from us, please don't hesitate to call on me or my staff. Sincerely, MAURICE A. YNES, President ,s'~y Fti ~J cM y, ~2 MC. /lsr ~, ~ ~~' Imo, ~i was s ~ ^^^w~ w~ r Nrr r ~r r~ wrw w~wr rrw,r~r !N'C~ORPt~f~aTEQ ~N~IN~~l~lf`,1~ ~C~fi~~9TF~.4~TCMY~ a S~E~a 8. 11th Street Deerfield Beach, Icrida 5342 Broward; (D54) ~~7-~C1~3Ch Dade; (3LD5) 94~-858 F=ax: (D;~~ X27-81 May 23, 2{11 Purchasing Ctfficer City of Delray Beach 1 Qf} NW 1 ~~ Avenue Delray Beach, l=L 3444 FCe: Asceola Park '~Ilater i'~ain Phase Il, City of Delray Beach Project Flo. 201t1-~U82, Bid Na. 24.11- Subject: Miissin+g Pre-Qualificatian Letter of Apparent Law Bidder. Dear Purchasing Officer, The City of Delray Beach recently opened bids for the above proyecfi and our company was one of the participating bidders, having been ready as the second law bidder. The low bidder failed.... to include the required "Letter of Eligibility" with their bid submission, which makes their bid non-responsive. 1=or this reason, we feel that the prayed should be awarded to our company, whom having submitted all of the required documents, should be regarded as the lowest responsive and responsible bud. During the pre-bid phase of the proyect, bidders were instructed that they MUST attach their respective "`Letters of Eligibility" issued by the City of Delray Beach. The Guy's "ADVERTISEMENT FC3R BIDS"' contains the statement, "Bidders shall provide a copy of the eligibility letter issued by the City of Delray Beach regarding the following category: UNDERCR4UND UTILITIES". This was mentioned repeatedly during the mandatory pre-bid meeting and us evidenced by the answer to Question Na. 7, wherein Patsy Nadal discussed. the pre-qualufication requirements. The CFty's answer states, "Any qualified contractor in need of a copy of their letter of eligibility should immediately after the meeting vusit the purchasing department for a copy", a clear indication that the Cifiy intended to enforce the requirement of MUST incFusuon of the letter and making it available to those bidders who have already pre-qualified, but for whatever reason cannot locate their letter. The first page of the proposal form {See copy attached P-1) contains a check box where bidders must acknowledge that they have attached the Letter of eligibility issued by the City of Delray Beach. The Instructions to Bidders section of the prayed documents (See IB-~ attached) states, "`Each bid shall be accompanied by all required documents". Even the Bide Tabulation sheets prepared ands passed out by the Gity to persons attending the bid opening contains a column indicating whether bidders included the required I'requalification Letter. flay ~~, 2311 Fte: ~scepla Park Water Main Phase Nl, City caf C~eiray beach Project No. 2414-482, Bid No. 2411-42 Subject.:. IViissing Pre-Qualification Letter of Apparent how Bidder. The retard shows that the "As Read" law bid amount was $ 816,49.OQ and that our 'bid amount was $ 817,666.00„ a very small difference between the two. It is clear by all indications that. the City required inclusion of the prequalificatian letters with the bid submittal. If the City really intends to maintain this standard, then the project should be awarded to our company as the lowest respanslve and responsible bidder. Since~ly, Ma an, Incorporated ~~~~ ~' is ~ I aca~lli Project Ma tiger Cc: Mr. Randall Krejcarek, P.E.. Attachments 1) P~dvertisement far Bids, 2) Proposal Page P-~, 3) Minutes of Mandatary Pre-Bid Meeting - Response to Cuestion # 7, ~) Instructions to Bidders Page lB-6, ~~ Bid Tabulation Sheet ~ ~ ~~~ ~~ ~...r. ~.. ~® ,. ADVERTtSEiWIENT FC1R BjaS Osceola Park 1luater Main Phase Il City caf aelray Beach l'ro~ect lVrr. 2(~1~~-fi8~ Bid Nca. 20'l1-(9~ The work generally consists of the fallowing;. Construction of apprvxi~rnateiy 5,34q linear feat of 8 inch C?IP water main, connection of water services, and 'rnstailtion of fire hydrants. This project also includes clearing and grubbing, sodded Swale, asphalt trench repa'ur, drivaway apron replacement, drainage, and maintenance of traffic, Prequalificatiort requirements are required for the aforementioned project. Bidders shall provide a cagy of the eligibility letter 6esued fay the Clty of CJelray Beach regarding the following category: UIdL~~FtGR~pU~I1~ U'TII.I~'I'1=: Prti sneers estinnate 'k att0 Og0.00 Sealed Pro orals in du ticate +ane on final & rare co 'will be received by the undersigned at the vffi'ce of the Prwrahasing Officer, City Mall, 1qq BM'W' 1st Avenue, f7elray Beach, Florida, 33444, until.. Frld~May 6. 2011 at 9.Q0 .AM, at which time they will be publicly opened and read aloud. All work performed shall...... be in accordance with tale Contract Cocuments pertaining thereto, which may be examined at the offsce of the City Erngineer, 434 , Swinton Avenrre, t~eiray Beacta, FL 33444, phone 561-~43- 73:2~. Interested parties may contact Timothy Tack at 434 S. Swinton Avenue, Qelray Beach, Ft, 33444 ar phone for additional information. Copies of the Specifiaakians may be obtained from ~vwwv.l~elnancfStar,cat3~ (80a-71 ~-17t2} rat the Purchasing f7ffioe, City I-#all, 1qq l~W 1st Avenue, Q~elray Beach, FCari'da on or after April 8, ~fl11. Call Purchasing at 561-?43-7161 tc+ ensure s~!ff%cienk supply. C7ne i-lundred dvklar ($?5.qq} per set, Hors-refundal7le fee will be required wizen securing khe Contract ~vaurnents. Checks far securing Contract Documents are to be made out tv Cate City of E~elray Beaah. A IVtAINaATC}RY PRE-814 conference has been scheduled far Friday, Araril 2, 2011 at 9:00 AIUI, locate' at City Nall 1 ~~ F~ference Raorn, Delray Beach, FL. All interested bidders are required to attend and be prepared to ask questions. i]oors for Pre-Bid will be closed, at 9:1q ann and IVQ one arriving after 9:10 arr9 will be alloyed ko sign in. Bidders arriving after 9:lf) am will be d€squalffled. Any laid received after time anal date specified wilt not be considered. One contract will be awarded for ala work outlined above and described in Cite plans and speokfioakions. l=och bide must be accompanied by a certified check drawr7 upon any Mate yr National Hank of Florida, cashier's check drawn upon ar~y Mate or i~kakianal Bank of Florida ar an acceptable bid bond in an amount not. less than five percent of the base bid, as guarantee that khe BVI~CrER will not withdraw from the aompe#ikion after the opening the buts and, if written notice is given of such award, enter into a written Contract wikh the City of [7elray Beaah, Florida, in accordance with the written f'rapasal. Should the successful BIDDER fail to enter into a Contract, the check or bid bond shall be forfeited as liquidated damages. Na bidder may withdraw his. bid far a period of sixty days after the day set for the opening.. of bias. The City of Delray Beaah, Florida reserves the right to reject any and all bids, to waive informalities, to re- advertise and to award the Contract i'n its best interest. Advertisement. Bate Clty cal aelray Beach, Florida Itllarch 27, 2011 By: David A. Boyd, Finance Clireckor Maim Beaah Pvst t1~4341 C~~p~( P PQ$A Propcasal caf Nis scan Tnc®r arat;ed (Crantractcr) 3460 SW 1 nth Street, t7eerfeld beach FL 33442 (Address) to furnish and deiGver ail materials and to do end perform aiN work in accordance wfth titre Ccntraot t~ccumen#s for the wroject en#itled: t~sceala Park,lNater Illlan Pha~ae ti Ciity ~# ©elray Beach Project IVo. ~1f14-t~t32 I~id hNra. 2o~~-t"+2 To; Purchasing C~fficer City c# IJeiray i3each, Floritta itt0 NIN 1 st Avenue Cfsiray i3each, 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 farm Included in the Contract documents to campCete afi ~IWork as specified er is sc"icated In the Contract f?acumerrots for pee Contrast Price end within the Contract Time fndica#ed In this Bid and in s.acordence with the Contract ~ccuments. 2. 831dder accepts all of the terms and condi#iens of the instructions to Bidders, including v~rithout iin^itatlon ti~cse dealing with t'hs ds~sibc,' of Bid security. Tl±is Bid will remain open for slaty ~St1ti gays after the day of Biel opening. Bidder wfl! sign ar?d delirrsr to the Gi~'Y g1e Agreerrient and sct~mit the Contract Security, insurance Cer#ifl+cates and other documents required by the.. Contract. D©curnents within been days aher the date of tJW~9E~R'S Notice of Tentative Award, If Bfdder fails #n sign the Agreement and deliver the Agreerr9ent #o the CITY accompanied lay the req+aired security, insurance cert'flcates and other documen#s within the ktme specified, the CITY has Nhe autdnari#y to rescind the bid award and retain the bId security which shall be forfeited as liquidated damages. 3. in submitftng #his Bid, t3idder represents, as more fully set forth in the Agreement, that: a. Bidder has waxamined copies cf all the Contract Documents and df the Fallowing addenda: Number Cfate Number mate 6Uo. 1, 05/02/11 _ ......~ X~ Attach- t,efter of eflBlbiNlky as issued by the purchasing ~leparkment City t-f t~eiray 13eac.1 [ X ~ Attach» Bid Security In the amount of ~+°~ of the Bidders maximum bid price j X ] AcknowtedgerxEent of ati addarld~arlas receipt cf all of which is hereby acknowledged and also copies of the Advertisemen# far Buis and tine instructions to Bidders; P., t Questian #3 Pl~rt details identify the use of thrust blacks; can the cantractar bid the use of thrust blacks in lieu of Jaint restraints? Answer #3 Thrust blaci~s should net be used;:.. mechanical joint restraints are required. Refer to 4rity of Delray Beach Standard Detail PP 2.1 a and PP ,~.1 b. The contractor is to provide one restrained joint beyond the minimum length required an detail PP 2.1a and PP 2.1b. Question #4 Has the city aMeady caardinated with FPL regarding any power pale relocates? Answer #4 Na pales need to be reiocated with this phase of work. However, file cantractar will be responsible to coordinate with the'Utility owner for any pale held, as required. Question ll5 Allowances; there appears to be a discrepancy with the values of the allowances an the p-pages, brd item 3t!&~1~. Answer #5 Revised A & P pages have been provided with this addendum.. Question #6 What's the engineers estimate Answer #6 ©ne million dollars. Question #7 Haw can a contractor became a +~ity of t7elray Beach prequalified cantractar? Answer #7 Patsy Nadal-cantractar prequalificatian requirements were discussed at this time including the inability of any fJidder° who is not already prequaiifed to became quaiifed prior to this bid apening~, °I"he process to became qualified' is currently in the renewal phase and approvai for appl'`rcants typicaliy takes frp~ to 90 days. Any qualified cantractar ins need' of a copy of their letter of eligibility shouid immediately after the meeting visit the purchasing department for a copy, REVISIQN T4 THE.. PRQP~SAL PAGES (Appendix A) Remove and Replace the Proposal pages with the attached proposal pages Bid items 3Q and 31 changed RIEVISIUN TC) THE AGREEMENT PAVES (Apperrd'ix B) Remove and Replace the Agreement pages with the attached agreement pages Bid items 30 and 31 changed. lV. RE''~lSlt)hl TG THE SECTICaN A1U2q (Appendix ~~ Remove and Replace the Section C~1(}2C1 with the attached Section 01~2Ci pages V. MEETI'~IG MIN~iTE'S (Appendix D) Attached' is a copy of the meeting minutes VI. CI7'y STANDARD DETAIt_S PP 2.1a and PP 2.18 jAppendix E} 1/II. WATER ATLAS (Appendix F} Indicates limits of Existing water main to be removed I_ND C7F ADDEND~1lVl Na. 1 2 ~~d~~a~~~ ~a~.oi 11.8. The Bidder shall comply with the Florida Trench Safety Aat, Fla. kat. 553,60 et seq. All Bids sha11 include elk informkion required by Statute. 11.9. The Bidder shad comply with the Pubtac Entity's Crime Statute„ Fla. Stet. 2.87.133. Akl Bids.. shall include the infcarmataon required by Statute. 1' 1.10. The Bidder shakk comply with the Chug-Free Workplace Statute, Fla. Stet. ?87.133 and provide infarmatian required by Statute, 12. Submission of Bads. Sealed Pra assts in du locate one on fnai $~ one c® of the Bfd shah be submitted at khe tame and piece indicated in the Btd form and shall be indluded in an opaque scaled envelope„ marked with the Projeck tilde and, if appl'rcabCe, 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 Purchasingadffice„ 100 h1W 1st Avenue, Delray Beach, FL 33444. Each bid; shad be ac- companaed by alC required documents. if the Bid is sank through the mail ar ether delivery syskem khe sealed envelope chalk be enclosed in a separate envelope wikh...... the notation "bid Enclosed'„ on the face thereof. Bidder assurnes foil respansibGi'ity for timely delivery of its Bkd„ wt~ioh must be sent by regGstered mail or be means whereby the Bndd'er receives posikive notification fdr delivery to the CITY. 4rak, telephonic, faxed or telegraphic Bids are.anvalad and will not receive cr~nsideratian, 13, Modification and Withdrawal of Bids. 13.1. Bids may be modifked or withdrawn only by an appraprkate document duly executed (in the manner that a Bid must b~e executed] and delivered to the place where Bids are to be submitted. Prior to the time and date set for the apenang of bids, and the request far modification orwithdrawai rrrust be approved by the CITY and CChiSi~i,TAivT. r~idders must ensure that their request for withdrawal of bad is received prior t+a the item and date set far the opening of Bids. 13,.2. If, within twenty-faun hours after Bids are opened, any Bidder fifes a duly signed written notice with the CkTY and promptly thereafter dmanstrates to the reasonable satisfaction of the CITY that there was a maternal and substantial mistake in the preparation of Its Bid, that Bid- dermay withdraw its Bid and the Bid Security will be returned.. Tioereafter, that Bidderwill be disqualified from further bidding an khe Wark to be provided under the Contract Documents. 1~4. U enin of Bids. BkdswklV be opened and read aloud publicly at the,. time and place indicated in #he'~equest for Okuotes. An abstract of the amounts of the base Bids will be made available to Bidders after the opening of Bids, 15. maids to remain Open. All Bides shad remain subject to acceptance for sixty (60}days after the day of the Bid opening, but the CkTY may, at the sale discretion of the City„ release any Bid and return the t3id Security prior to that date. 16. Award of Contract. 16.1. The CITY reserves khe right. to accept any Bid ar combinak'ron of Bid alternates which, in the CITY'S judgment waC[ best serve the City°s interest, reject any and ski Bids, to waive any arad all informalikies and/or nrreguCarities, and to negotiate contract terms with the Successful Bidder, and the right to disregard elk nonconforming, nonresponsive, unbalanced or conditiana1 Bids. Also„ the CITY reserves the right.. to rejec# the Bkd of any Bidder if the CkTY [}~-~ w '"~ ~~ ~_ ,~- ~ ~ ~ ~' ~ ~ a U M ~ ~~ ~ ~ ~ ~ ~ ~~ Q a ~ ~ 0 ~ _ _.w_ a as ~f r j ai .~ E ~ ~ ._ ~ 1- w ~ ~ C ~ ~ . ,~ '~ _ ~. - C7 ~ ~ s ~ ~- cn ~ ~ a ,~ r> - ~ ~~ 1 ~~ 0 ~ ~ L~ i ~ ~ ~" ~ '~ {.~ m ,~ ~ :~ ' ~ '` ~ ~ _ EC o OC W c~ Q ~j ~ ~ ~ d ~ ~ d ~ z v w ~. ~ 'Q' W Q ~ ~ ~ U ~ c t? w ~ w ~' ~ ~ C ~' ~ ~ Z ~/7 /y_ LYi _~ ~y. a!~ / U ~ ~~ y, LL ~ ,~, ~r- w f5 T Q~ CL MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 25, 2011 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 APPOINTMENT TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Financial Review Boad. BACKGROUND Mr. Alexander Simon resigned from the Financial Review Board effective immediately. The resignation letter is attached for your review. This creates a vacancy for one (1) alternate member to serve an unexpired term ending July 31, 2011. On October 6, 2009, the Delray Beach City Commission adopted Resolution No. 55-09 establishing the Budget Review Committee to review the City's budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City's budget and overall financial condition. The Commission later adopted Resolution No. 58-09 which renamed the committee as the Financial Review Board with the expanded responsibilities of analysis of revenues and expenses and business practices and processes. The Financial Review Board shall consist of nine (9) members. Five (5) seats on the Board must be filled with a certified public accountant, accounting professional, finance professional, certified financial planner, investment advisor, insurance professional (property/casualty or health), business owner/manager/officer and someone with an MBA or MPA degree. The remaining four (4) members may be at large. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit A attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Mayor McDuffie (Seat #5) for one (1) alternate member to serve an unexpired term ending July 31, 2011. RECOMMENDATION Recommend appointment of one (1) alternate member to serve on the Financial Review Board for an unexpired term ending July 31, 2011. FINANCIAL REVIEW BOARD 5/11 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31 /12 Warreaz Trilling Certified Public Unexp Appt 05/17/11 ACCOUntant 07/31/12 HowardEllingsw~rth,Q-iair Accounting Amt 10/20/09 PaT'tneT/CPA Reappt07/06/10 07/31 /11 John Hallahan Assistant Director of Unexp Appt 04/05/11 017eratlonS 07/31/12 Rosalie Plood Vice President/ Amt 10/20/09 alt General T/~dnager Amt 07/06/10 reg 07/31 /11 Qzristina Morrison Pearce Realtor Amt 11/03/09 07/31 /11 Jeff Ritter Consulting Unexp Appt04/05/11 07/31/12 Luise Piane Executive a~ o~/zo/1o Managerrient ALTERNATES 07/31/11 Unexp Appt Vacant 07/31 /11 Cheryl Shaffner Accounting Unexp Appt 08/03/10 Contact: Barbara Flynn X-7115 S/CityQerk/Board 11/Firiancial Re~riewBoard FINANCIAL REVIEW BOARD EXHIBIT A Applicants with experience in the professions required: Applicant Occupation AnthonyCottone Puniness Owner/President/Finance AndrewYoungross Engineer/Susiness Owner Cobb, Venice Fro;n: Harden, David Sent: Monday, May D2, 2D11 11:20 AM Te; Cobb, Venice; Boyd, David; lVubin, Chevelle Subject: FW: From Sandy Simon From. Sansirnon'r aol.com ~maiito:SansimonirC~aol.coml Sent: Monday, May 0~, 2011 10:35 AP'I To: Harden, David Subject: [=ro[~ Sandy Siman Dear David, It with regret that i must offer my resignation from the Financial Review Board to which !was recently appointed as an Interim Alterna#e Member until July 11, 2D11. A career opportunity has came up which will require me to be out of the City for the next several months. Thank you for your support. !appreciate, that, dear friend. Sandy MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 31, 2011 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 APPOINTMENT TO THE BOARD OF AD.TUSTMENT ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Board of Adjustment. BACKGROUND There is a vacancy on the Board of Adjustment for an alternate member due to Mr. Allen Kilik being appointed for regular membership at the City Commission meeting on May 17, 2011. The term is unexpired ending August 31, 2011. The Board of Adjustment shall consist of five (5) regular members. In addition, there shall be two (2) alternate members. To qualify for appointment, a person shall be either a resident of or own property in the City, and/or own a business within the City. The following individual has submitted an application and would like to be considered for appointment: Michael Park A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Mayor McDuffie (Seat #5) for one (1) alternate member to serve on the Board of Adjustment for an unexpired term ending August 31, 2011. RECOMMENDATION Recommend appointment of one (1) alternate member to serve on the Board of Adjustment for an unexpired term ending August 31, 2011. BOARD OF ADJUSTMENT 05/11 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08 /31 /2011 Sigurdur Hardester, Q~airperson l~ilanager 10/05/04 imexp alt Reappt 08/16/05 alt Reappt 02/06/07 imexp reg Reappt03/03/08 Rea 08/19/09 08 /31 /2012 Mel Pollack Retired Security 08/19/09 alt Unexp Appt 02/16/2010 reg Reappt09/07/10 08 /31 /2012 Bryce Newell, Vice Q~airperson Real E state Unexp Appt 08/31/08 alt Reappt 08/19/09 alt Unexp Appt 04/06/10 reg Reappt08/17/10 08/31/2012 AllenKilik Retired CEO Unexp Appt 05/17/11 08 /31 /2011 Jess Sowards Architect Unexp Appt 05/01 /07 alt Reappt 02/19/08 alt Amt 03/03/08 reg Rea 08/19/09 ALTERNATES 08/31/2011 Principal-Landscape Architect unexp a~ 05/25/10 Isabelle Alarie 729 Lindell Slvd De1ra Beach, FL 33444 08/31/2011 Vacant Unexp Appt Contact: Venice Cobb x-7056 Send Agenda to: Al Berg, Donna Quinlan & Brian Shutt Fax final Board Order to Chairperson for signature. S/City Clerk/Board 11/Board of Adjustment MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 31, 2011 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 ORDINANCE NO. 12-11 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider a city initiated amendment to the Land Development Regulations (LDR) Article 4.4 to add community gardens as a principal use and an accessory use, amending Section 4.3.3, "Special Requirements for Specific Uses", to establish specific regulations pertaining to the development of community gardens. BACKGROUND At the first reading on May 17, 2011, the Commission passed Ordinance No. 12-ll. RECOMMENDATION Recommend approval of Ordinance No. 12-ll on second and final reading. ORDINANCE NO. 12-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS PY ENACTING A NEW SECTION 4.3.3(D), "CONIlVILJNITY GARDENS", TO PROVIDE STANDARDS FOR SAME; AMENDING SECTIONS 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTION (P), "PRINCIPAL USES AND STRUCTURES PERMITTED", 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SUBSECTIONS (B), "PRINCIPAL USES AND STRUCTURES PERMITTED" AND (C), "ACCESSORY USES AND STRUCTURES PERMITTED", 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTIONS (B), "PRINCIPAL USES AND STRUCTURES PERMITTED" AND (C), "ACCESSORY USES AND STRUCTURE S PERMITTED"; TO ADD CONIlVILJNITY GARDENS TO THE LIST OF PERMITTED USES AND AS ACCESSORY USES TO AN APPROVED MULTI-FAMILY DEVELOPMENT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plarn~ing and Zoning Poard reviewed the proposed text amendment at a public hearing held on Apri125, 2011 and voted 6 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard sitting as the Local Plarn~ing Agency, has detem-tined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3(D), "Community Gardens" of the Land Development Regulations of the City of Delray Peach is hereby enacted to read as follows: (D) Community Gardens 1) Purpose: It is the intent of this section to regulate Community Gardens which are green spaces that are commtmally cultivated and cared for. The intent of Permitting community gardens is to allow a group of residents to grow Produce and horticultural Plants for their consumption and enioyrrtent without creating adverse environmental impact or land use incompatibilities. These spaces may consist of individually worked plots, communally tended areas and sitting areas. (2) Appearance: (a) All communit~~ardens on single-family lots within Single-Family Residential, Low Density Residential, and Medium Density Residential zoning districts, shall require administrative plan approval through the Communit,~mprovement Department. Community Gardens proposed on parcels other than single-family lots within Multiple Family Residential Zoning districts shall require site plan modification aUnroval through the Planning and Zoning Deparhent. The application shall r~Property owners consent and the following items must be attached layout of plots and other components proposed on the site of the community garden, setbacks from adi acent properties, identification of water supplies, established operating rules identif~g the governance structure of the garden and maintenance and security resvonsrbilities; contact information for the verson responsible for the oversight of the garden. (b) The owner of the properly on which the garden is located shall be responsible for maintaining the property so that it does not become overgrown with weds, infested by invasive exotic plants or vemlin, or a source of erosion or storm water r~moff. If the property is not used as a community Darden for 120 or more consecutive days, the site shall be restored back to its vre-Community Qarden condition. (3) General Rules & Regulations: (a) A Community Garden is not intended to be a commercial enterprise. Sale of produce and plants at the site are prohibited (b) The raising of poultry or other livestock, fish and the keeping of bees is yrohibited ORD. N0.12-11 (c) The use of pesticides, herbicides and weed killers, or insecticides made from synthetic chemical materials and chemicals is prohibited The use of materials and practices used for organic production (guidelines, is strongly encouraged (d) The site skull be designed and maintained to prevent drainage or runoff onto adi acent proper (e) The community Arden skull grow at least four (4) different food crops and/or non food crops. No gardening activities skull take place before sunrise or after sunset. 50% or more of the planting area skull be in production at all times. (f) The property owner skull be prohrbited from seeking an agricultural tax exemption afforded by the local, state or federal tax regulations. (4) Site Standards: a) Community gardens are nrirnarily intended to occunv infill lots in single famil subdivisions, thus a garden shall not be greater in size than the standard lot within the neighborhood it is located Multiple infill lots are not to be combined, nor developed with individual gardens adjacent one another. For Multiple Family Residential zoning designations the proposed garden shall be appropriate with respect to size and scale to the development in which they are located and this will be detemlined during the site plan modification process. (b) All planting shall be planted no closer than 15 feet from the front property line and 10 feet from the interior side or rear property lines. Corner lots shall maintain a 15-foot side street setback All plantings shall comply with the visrbility at intersection requirements pursuant to applicable Land Development Regulations. (c) The Community Arden shall be served by a water supply sufficient to support the cultivation practices used on the site. d) A verimeter fence or hedge is required for all gardens. The fence or hedge shall comply with LDR Section 4.6.5 and must have adrive-through gate to accommodate trucks and other equipment that maybe used from time-to-time as a wart of the gardening maintenance. Hedges are encouraged and may consist of drought-tolerant shrubs. ORD. N0.12-11 (e) Compost and organic matter to be used for the community Darden shall not be stored in open air. They shall be contained in appropriate containers, which shall not be located with a 25-foot front setback nor 15-foot side street setback from all ri~hts~of-way and shall be a minimum of 10-foot setback from all interior property lines. Such containers shall be maintained to prevent odors and prevent the harborage of rodents and pests. (f) Storage of toxic and flammable materials is not allowed. No tires are allowed to be stored on site. (~) One sign is permitted which shall not exceed 16 square feet and with a maximum height of 5 feet. (h) No parking is allowed on site. Section 3. That Section 4.4.3, "Single Family Residential (R-1) Districts", of the Land Development Regulations of the City of Delray Peach is hereby amended to read as follows: (P) Principal Uses and Structures Permitted: The following types of use are allowed within the Single Family Districts as a permitted use: (1) Conventionally sited single family detached residences. (2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (3) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan (4) Pocket parks. (5) Public educational facilities of The School District of Palm Peach County, pursuant to the regulations set forth in Section 4.3.3 (HH). (6) Assisted Living Facilities. (7) Residential Licensed Service Provider Facilities. (8) Community Gardens pursuant to regulations set forth in Section 4.3.3(D~ Section 4. That Section 4.4.5, "Low Density Residential (RL) District", of the Land Development Regulations of the City of Delray Peach is hereby amended to read as follows: (P) Principal Uses and Structures Permitted: The following types of use are allowed within the (RL) District as a permitted use: 4 ORD. N0.12-11 (1) Single family detached dwellings. (2) Duplex structures. (3) Multiple family structures. (4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (5) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan (6) Pocket parks. (7) Public educational facilities of The School District of Palm Peach County, pursuant to the regulations set forth in Section 4.3.3 (HH). (8) Assisted Living Facilities. (9) Residential Licensed Service Provider Facilities. (10) Community Gardens pursuant to regulations set forth in Section 4.3.3(D~ (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog nms, garages, greenhouses, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, and home occupations. (2) Family day care home pursuant to Section 4.3.3(T). 4.3.3(KK). (3) Home tutorial services subject to the restrictions set forth in Section (4) Home occupations. (5) Recreational facilities attendant to a subdivision which are operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. (6) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a one-to-one basis. (7) Guest cottages, only when accessory to a single family detached structure. (8) Community Gardens in connection with an approved multi-family development pursuant to regulations set forth in Section 4.3.3(D~ Section 5. That Section 4.4.6, "Medium Density Residential (RM) District", of the Land 5 ORD. N0.12-11 Development Regulations of the City of Delray Peach is hereby amended to read as follows: (P) Principal Uses and Structures Permitted: The following types of use are allowed within the (RM) District as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Multiple family structures. (4) An abused spouse residence with twelve (12) or fewer residents. (5) Group Homes, Types 1 and 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(D). (6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan (7) Pocket parks. (8) Public educational facilities of The School District of Palm Peach County, pursuant to the regulations set forth in Section 4.3.3 (HH). (9) Assisted Living Facilities and Continuing Care Facilities. (10) Transient Residential Use. (11) Residential Licensed Service Provider Facilities. (12) Nursing Homes within multi family structures only. (13) Community Gardens pursuant to regulations set forth in Section 4.3.3(D~ (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog rims, garages, greenhouses, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, swimming pools, and home occupations. (2) Family day care home pursuant to Section 4.3.3(T). 4.3.3.(KK). (3) Home tutorial services subject to the restrictions set forth in Section 6 ORD. N0.12-11 (4) Recreational facilities attendant to a subdivision which is operated Linder a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. (5) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a one-to-one basis (6) Guest cottages, only when accessory to a single family detached structure. (7) Community Gardens in connection with an approved multi-family development pursuant to regulations set forth in Section 4.3.3(D~ Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 8. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST MAYOR City Clerk First Reading Second Reading 7 ORD. N0.12-11 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Assistant Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: May 11, 2011 Page 1 of 2 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF MAY 17, 2011 ORDINANCE 12-ll COMMUNITY GARDENS (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Approval of achy-initiated amendment to the Land Development Regulations (LDRs) that will introduce the new use of "community gardens" to specified zoning districts as a permitted use, and an accessory use subject to a list of certain regulations. BACKGROUND By definition and history, community gardens are green spaces that are communally cultivated and cared for. These spaces may consist of individually-worked plots, communally-tended areas and sitting areas. The intent of permitting community gardens is to allow a group of residents to grow produce and horticultural plants for their consumption and enjoyment without creating adverse environmental impacts or land use incompatibilities. The ordinance provides for the implementation of community gardens, setting forth development standards and zoning criteria where such gardens shall be permitted. These Gardens are not intended to be a commercial enterprise, and consequently, sale of produce and plants at the sites is prohibited. The use is anticipated to be a temporary use to primarily occupy infill lots. Community Gardens are proposed to be allowed as a permitted use in the following zoning districts: R-1 Single Family Residential Districts RL Low Density Residential District (also allowed as accessory to an approved multi-family development) RM Medium Density Residential District (also allowed as accessory to an approved multi-family development) The ordinance includes general and special regulations which are summarized below. http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=4499&MeetingID=317 5/31/2011 Coversheet Page 2 of 2 The general regulations include but are not limited to identifying maintenance responsibilities, hours of operation, required approval processes, and prohibitions on sale of product on site and the use of synthetic chemicals. The special regulations include but are not limited to issues such as overall size, required setbacks, types of material and activities allowed on the site, and aesthetic concerns including requirements for perimeter hedging and fencing. REVIEW BY OTHERS The Community Redevelopment Agency recommended approval at their April 28, 2011 meeting, but thought that there should be a requirement for regular inspections to ensure compliance with the regulations, including the ban on chemical pesticides, herbicides and fertilizers. The West Atlantic Redevelopment Coalition unanimously recommended approval at their May 10, 2011, commenting that greater specificity with regard to allowable (i.e., legal) plantings be made. They also felt that the types of agriculture intended needed clarification (i.e., hydroponics). RECOMMENDATION By motion, approve Ordinance No. 12-ll on first reading for achy-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(1VI) of the Land Development Regulations. http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=4499&MeetingID=317 5/31/2011 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: APRIL 25, 2011 AGENDA NO: V. D. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING ARTICLE 4.4 TO PERMIT "COMMUNITY GARDENS" IN SPECIFIED ZONING DISTRICTS, AND TO SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES" ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will introduce the new use of "community gardens" to specified zoning districts as a permitted use, and will also provide specific criteria for their regulation. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS By definition and history, community gardens are green spaces that are communally cultivated and cared for. These spaces may consist of individually-worked plots, communally-tended areas and sitting areas. They are the result of the collective effort of people working together. Community gardening is an effective community-building strategy that contributes to neighborhood renewal, preservation, and stabilization. It provides a source of inexpensive, nutritious food and a rewarding personal experience. Enduring stewardship is needed to ensure success, and the gardens demonstrate the impact of sustained volunteer efforts. The ordinance is intended to provide for the implementation of community gardens, setting forth development standards and zoning criteria where such gardens shall be permitted. The intent of permitting community gardens is to allow a group of residents to grow produce and horticultural plants for their consumption and enjoyment without creating adverse environmental impacts or land use incompatibilities. It is not intended to be a commercial enterprise, and consequently, sale of produce and plants at the sites are to be prohibited. Zoning Districts where allowed Community Gardens are proposed to be allowed as a permitted use in the following zoning districts: R-1 Single Family Residential Districts RL Low Density Residential District (also allowed as accessory to an approved multi-family development) RM Medium Density Residential District (also allowed as accessory to an approved multi-family development) Planning and Zoning Board Meeting, April 25, 2011 LDR Amendment-Community Gardens General Rules and Reaulations Following are examples of some of the general regulations that will apply to community gardens: ^ A community garden is not intended to be a commercial enterprise. Sale of produce and plants at the site are prohibited. Surplus of produce and plants may be sold off premises only. ^ The raising of poultry or other livestock, fish and the keeping of bees shall be prohibited. ^ All community gardens shall require administrative plan approval through the Community Improvement Department or site plan modification approval by the Planning and Zoning Department. The application shall require the property owners consent along with the following items: o Layout of plots and other components proposed on the site of the community garden o Setbacks from adjacent properties o Identification of water supplies o Established operating rules, identifying the governance structure of the garden and maintenance and security responsibilities o Contact information for the person responsible for the oversight of the garden. ^ The owner of the property on which the garden is located shall be responsible for maintaining the property so that it does not become overgrown with weeds, infested by invasive exotic plants or vermin, or a source of erosion or storm water runoff. ^ If the property is not used as a community garden for 120 or more consecutive days, the site shall be restored back to its pre-community garden condition. ^ The use of pesticides, herbicides and weed killers, or insecticides made from synthetic chemical materials and chemicals is prohibited. The use of materials and practices used for organic production (guidelines) is strongly encouraged. ^ The site shall be designed and maintained to prevent drainage or runoff onto adjacent property. ^ The community garden shall grow at least four (4) different food crops and/or non-food crops. No gardening shall take place before sunrise or after sunset. 50% or more of the planting areas shall be in production at all times. ^ The property owner shall be prohibited from seeking an agricultural tax exemption afforded by the local, state or federal tax regulations. Specific Regulations Following are some of the specific regulations that will pertain to community gardens that will be added to Section 4.3.3: ^ Community gardens are intended to occupy infill lots, thus, a garden shall not be greater in size than the standard lot within the neighborhood it is located. ^ All plantings shall be planted no closer than 15 feet from the front property line and 10 feet from the interior side or rear property lines. Corner lots shall maintain a 15-foot side street setback. ^ All plantings shall comply with sight visibility requirements for intersections. ^ Community gardens shall consist of land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. The land shall be served by a water supply sufficient to support the cultivation practices used on the site. ^ A fence or hedge is required for all gardens. The fence or hedge shall comply with LDR Section 4.6.5 and must have a drive-through gate to the gardening maintenance. Hedges are encouraged and may consist of drought-tolerant shrubs. ^ Compost and organic matter to be used for the community garden shall not be stored in open air. They shall be contained in appropriate containers, which shall not be located within a 25 foot front setback nor 15 foot side street setback from all rights-of-way and a minimum of 10 foot 2 Planning and Zoning Board Meeting, April 25, 2011 LDR Amendment-Community Gardens setback from all interior property lines. Such containers shall be maintained to prevent odors and prevent the harborage of rodents and pests. ^ Storage of toxic and flammable materials is not allowed. No tires are allowed to be stored on- site. ^ One sign is permitted, which shall not exceed 16 square feet and with a maximum height of 5 feet. ^ No parking is allowed on site. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and the following support this proposed amendment: Future Land Use Element Objective A-1 states that "property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs" (emphasis added). `Community gardens' are proposed to be allowed as a permitted use, and also as an accessory use in certain residential zoning districts. They are compatible with other allowed uses in these districts with adherence to special regulations that are detailed in the ordinance. The use offers additional means of providing fruits and vegetables, thereby offering greater affordability to growers, with the option to take any surplus crops and sell them off-site. There has been considerable interest for this land use option by the public and this ordinance helps to fulfill a remaining land use need. Future Land Use Element Objective A-5 states that "the City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed-use developments, and other innovative development practices." (emphasis added). The introduction of community gardens as a land use option available to our city residents is supported by this objective in that our LDRs are being reviewed and updated to provide this innovative development practice. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) Advisory boards to which the proposal will be sent for review and recommendation include the Community Redevelopment Agency and the West Atlantic Redevelopment Coalition. Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting 3 Planning and Zoning Board Meeting, April 25, 2011 LDR Amendment-Community Gardens ASSESSMENT AND CONCLUSION Community gardening is an effective community-building strategy that contributes to neighborhood renewal, preservation, and stabilization. It provides a source of inexpensive, nutritious food and a rewarding personal experience. Ensuring stewardship is needed to ensure success and the gardens demonstrate the impact of sustained volunteer efforts. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Article 4.4 To Permit "Community Gardens" In Specified Zoning Districts, And To Section 4.3.3, "Special Requirements For Specific Uses", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Article 4.4 To Permit "Community Gardens" In Specified Zoning Districts, And To Section 4.3.3, "Special Requirements For Specific Uses", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Article 4.4 To Permit "Community Gardens" In Specified Zoning Districts, And To Section 4.3.3, "Special Requirements For Specific Uses", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: • Proposed Ordinance 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor THROUGH: City Attorney DATE: June 1, 2011 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 ORDINANCE NO. 18-11 ITEM BEFORE COMMISSION The item before the Commission is Ordinance 18-ll amending Chapter 132, Section 132.09, Skateboarding and the Like Prohibited. BACKGROUND This Ordinance amends the boundaries in which the public may operate skateboards within the City limits of Delray Beach. Under the new ordinance, skateboards will now be prohibited in any parking garage owned by the City including the Robert W. Federspiel Parking Garage and the Old School Square Parking Garage. RECOMMENDATION The City Attorney's Office recommends approval. ORDINANCE NO. 18-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING CHAPTER 132, "OFFENSES AGAINST PUPLIC PEACE AND SAFETY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY PEACH, FLORIDA, PY AMENDING SECTION 132.09, "SKATEPOARDING AND THE LIKE PROHIPITED", TO PROVIDE CERTAIN AREAS IN WHICH SKATEPOARDING SHALL PE PROHIPITED; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, skateboarding can cause damage to sidewallcs, wallcways, steps and other areas over which they traverse; and WHEREAS, skateboarding is a safety concern to residents and visitors, ancl, WHEREAS, skateboards Dave caused particular safety and damage concerns in the Old School Square Parking Garage and the Robert W. Federspiel Parking Garage; and WHEREAS, the City Commission has detem-tined it to be in the Cites best interest to prohibit skateboards in these areas. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 132, "Offenses against Public Peace and Safety', Section 132.09, "Skateboarding and the like Prohibited", of the Code of Ordinances of the City of Delray Peach, Florida, be and the same is hereby amended to read as follows: Section 132.09 SKATEPOARDING AND THE LIKE PROHIPITED. It shall be unlawful for any person upon roller skates, skateboards, bicycles or riding in or by any means of any coaster, toy vehicle, play vehicle or similar device: (A) With the exception of bicycles, to go upon any sidewallc along Atlantic Avenue between the Intercoastal Waterway on the east and I 95 on the west; (B).~ To operate said devices in the Old School Sauare Parking Garage, in the Robert W. Federspiel Parking G arage or an~parking~age owned by the City (C) To operate said devices in a reckless manner on any public sidewalk. No person shall ride a skateboard or roller skate on a sidewallc without exercising due care for the safety of others using the sidewalk Andpenalty for violation of this Section shall be in accordance with Section 10.99 of the Code of Ordinances. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed Section 4. That this ordinance shall become effective upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of 2011. MAYO R ATTEST: City Clerk First Reading Second Reading 2 ORD. NO. 18-11 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: May 31, 2011 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF .TUNE 7, 2011 ORDINANCE NO. 19-11 ITEM BEFORE COMMISSION This ordinance is before Commission for first reading to consider amending Chapter 96, "Fire Safety and Emergency Services", amending Section 96.16, "Certain Codes Adopted by Reference", to clarify the requirements for reconstruction. BACKGROUND This ordinance provides for an exemption from the Florida Fire Prevention Code for reconstruction or rehabilitation of existing structures where the total area of the addition/renovation included in the modification does not exceed 50 percent of the area of the building. RECOMMENDATION Recommend approval of Ordinance No. 19-ll. ORDINANCE NO. 19-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY PEACH, FLORIDA, PY AMENDING SECTION 96.16, "CERTAIN CODES ADOPTED PY REFERENCE", TO CLARIFY THE REQUIREMENTS FOR RECONSTRUCTION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has the authority to protect the public health, safety and ~1fare of its citizens; and WHEREAS, the City Commission of the City of Delray Peach, Florida, desires to update its Code of Ordinances to clarify the requirements for reconstruction as set forth in the Florida Fire Prevention Code. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 96, "Certain Codes Adopted by Reference", of the Code of Ordinances of the City of Delray Peach, Florida, be and the same is hereby amended to read as follows: Sec. 96.16. CERTAIN CODES ADOPTED BY REFERENCE. (A) The City adopts by reference and incorporates into this Code as though fully set out hereiry that certain code, as it may from time to time be amendec>, known as the Florida Fire Prevention Code, and the incorporated standards. (P) The City adopts by reference and incorporates into this Code, as though fully set out hereiry those specific codes and standards, from the Florida Fire Prevention Code. In addition to the codes adopted by the Florida Fire Prevention Code, the City of Delray Peach adopts National Fire Protection Association codes listed below and as they maybe amended: NFPA 18 2006 Wetting Agents NFPA 170 2006 Fire Safety Symbols NFPA 326 2005 Safeguarding Tanks and Containers NFPA 408 2004 Aircraft Hand Portable Fire Extinguishers NFPA 423 2004 Construction and Protection of Aircraft Engine Test Facilities NFPA 496 2003 Purged and Pressurized Enclosures for Electrical Equipment NFPA 502 2004 Road Tunnels, Fridges, and Limited Access Highways NFPA 720 2005 Household Carbon Monoxide Warning E quipment NFPA 780 2004 Installation of Lightning Protection Systems NFPA 820 2003 Fire Protection in Wastewater Treatment and Collection Facilities NFPA 914 2001 Fire Protection in Historic Structures NFPA 1141 2003 Planned Funding Groups NFPA 1962 2003 Care, Use and Service Testing of Fire Hose Including Connections and Nozzles NFPA 1961 2002 Fire Hose The City hereby adopts the following amendments to the Fire Prevention Code of the National Fire Protection Associatiory N.F.P.A. Pamphlet No. 1, included in the Florida Fire Prevention Code, adopted in this Chapter: (1) Section 13.3.2 is amended to include the following Icu~guage: Approved automatic fire sprinkler systems as hereinafter defined shall be installed throughout hereinafter constructed buildings and structures or appropriate sections thereof: (a) The following bundings of an institutional or educational character; all hospitals, ambulatory, surgical or treatment centers, nursing homes, homes for the aged, convalescent centers, rehabilitation facilities, day care centers caring for more than 12 clients Linder 1 year of age, adult congregate living facilities, and all occupancies and uses of similar nature to those herein stated, without regard to the type of construction or height of the bonding or structure involved (b) All new construction involving wood or partial wood frame bundings or structures which are 2 stories or more than 20 feet in height as measured from finish ground floor grade to the underside of the topmost roof assembly. Single- famny homes, duplexes and townhouses shall be exempt from this requirement except as provided in section (d) below For reconstruction or rehabilitation of 2 ORD. NO. 19-11 existing structures where the total area of the addition/renovation included in (c) All buildings or structures regardless of the type of construction which are 3 stories or more in height or all buildings or structures in excess of 30 feet in height as measured from the finish ground floor grade to the underside of the topmost roof assembly. (d) All buildings or structures regardless of the type of construction which are in excess of 12,000 square feet per floor, or an aggregate of 12,000 square feet if there is unprotected communication between floors or intemleecliate spaces. (e) All portions or sections of buildings or structures which are below grade or which constitute the basement area of a building or structure regardless of square footage of floor area or type of construction. The automatic fire sprinkler systems herein referred to and the installation thereof which is required by this ordinance shall be as contained in and provided for with the applicable standard specified for this section under appendix A of this Fire Prevention Code. (2) Section 13.2.2.2 is amended to include the following language: All hereafter constructed buildings and structures more than 3 stories in height or 36 feet in height or all buildings more than 2 stories in height and more than 30,000 square feet per floor level, shall be equipped with approved Class 1 standpipes to provide reasonable safety to persons and property. For purposes of this sectiory height is measured from finish ground floor grade to the underside of the topmost roof assembly. (3) Section 13.2.3 is amended to include the following Icu~guage: All systems, equipment, tanks, piping, devices, appliances, controls, or storage facilities over which the code contains regulatory provisions, or which are required by any other law, shall be maintained in operative condition at all times to provide the service for which installed All fire sprinkler, standpipe, and fire pump systems shall be annually inspected serviced and maintained under a written service contract with service companies licensed by the State of Florida to provide such services and which possess a current occupational license for the City of Delray Seach providing for regular maintenance and testing of the systems in accordance with the applicable standards specified under Appendix A of this Fire Prevention Code and N.F.P.A.13~ N.F.P.A.14A and N.F.P.A. 25. 3 ORD. NO. 19-11 The service company perfom-ting the maintenance and tests shall forward a written report to the Fire-Rescue Department indicating the nature of any repairs, modifications, and/or corrections completed by the service company, the date and time of such tests and inspections and any other information which maybe required by the fire-rescue services department. In addition, a copy of the service report must be maintained on the premises, and it shall be subject to inspection by the Fire-Rescue Departrr~ent at anytime. (4) Section 13.3.1.7 is amended to include the following language: Valves on connections to water supplies, sectional control and isolation valves, and other valves in supply pipes to sprinklers and other fixed water based fire suppression systems shall be supervised by an approved Central station signaling service. (5) Section 13.7.1.1 is amended to include the following language: Remote monitoring locations shall not be permitted to verify fire alarm signals prior to reporting them to the Fire-Rescue Department. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a Court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed Section 4. That this ordinance shall become effective upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of 2011. MAYO R ATTEST: City Clerk First Reading Second Reading 4 ORD. NO. 19-11