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08-03-04 Agenda RegCity of Delray Beach Regular Commission Meeting T t Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NV/1st Avenue Deltay Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. 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. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 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 ind/viduals. Any person making impertinent or slanderous remarks or who becomes boisterous wh/le 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 ff 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. The City will furnish anxih'ary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 2. 3. 4. 5. ROLL C./XT.T.. INVOCATION. PLEDGE OF ,~T.T.EGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: · July 20, 2004 - Regn!~,r Meeting PROCLAMATIONS: Recognifmg and commending Division Chief Rob Moreland - Palm Beach County Chapter of the Emergency Medical Services (EMS) Provider's Association Lifetime Achievement Award Recognizing and commending Paramedic Jeff Harkcom - Palm Beach County Chapter of the Emergency Medical Services (EMS) Provider's Association Paramedic of the Year for 2004 Recognizing and commending Oleg Rudenko Recogoi~ing Betty Jameson Day City of Dekay Beach Fire Fighter Appreciation Week - August 29 - September 4, 2004 PRESENTATIONS: · American Legion Milton Myers, Post 65 - Scott Schley CONSENT AGENDA: City Manager Recommends Approval. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of July 15, 2004. FINAL BOUNDARY PLAT APPROVAL/BEI.I.& VISTA PLAT: Approve the boundary plat for Bella Vista, located on the west side of Gleason Street, south of East Atlantic Avenue. ACCEPTANCE OF A RIGHT-OF-WAY DEED AND ACCESS AGREEMENT/329 PINEAPPLE GROVE WAY: Approve and accept a right-of- way deed and access agreement associated with 329 Pineapple Grove Way, located on the east side of Pineapple Grove Way (N.E. 2"d Avenue) between N.E. 3~d Street and N.E. 4* Street, within the Pineapple Grove Main Street Area. DISASTER RECOVERY CONTRACTS: Approve contracts between the City and Phillips and Jordan, Inc.; DRC, Inc.; and D&J Enterprises, Inc. for disaster recovery services. CODE ENFORCEMENT BOARD RULES: Approve revised General Rules of Procedure for the Code Enforcement Board as adopted by that board on May 25, 2004. APPRAISAL FOR CITY PARC]~14 Approve a request to have an appraisal performed on a parcel owned by the City, located at the northeast comer of S.E. 4e~ Street and S.E. 1s~ Avenue, for the potential sale of the parcel. AIVlENDMENT/COMlVlUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-RECIPIENT FUNDING AGREEMENT/COMMUNITY CHILD CARE CENTER: Approve an amendment to the Community Development Block Grant (CDBG) Subrecipient agreement between the City and the Community Child Care Center to increase the 2003-2004 CDBG funding amount from $22,000.00 to $30,000.00 to implement substance abuse prevention services. Funding is available from 118-1966-554-83.01 (Community Development/Other Grants and Aids). AGREEMENT/D.R. HORTON. INC./BEXLEY PARK: Approve an agreement between the City and D.R. Horton, Inc. for additional infrastructure requested by the City associated with the Bexley Park Project. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the per/od July 19, 2004 through July 30, 2004. AWARD OF BIDS AND CONTRACTS: Contract award to PGAL/Eliopoulos in the amount of $120,500.00 for professional consulting senfces for preliminary planning activities for the proposed Old School Square Cultural Arts Center Parking Garage Project. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Parks & Recreation/Old School Square). Purchase award to Pierce Manufactoring/Ten-8 Fire Equipment, Inc. in the amount of $447,875.00 via the Lake County Bid #99-150 for a Pierce Manufacturing, Inc. pumper-ladder fire suppression unit with a 61 foot "Sky Boom" rescue ladder/water tower assembly. Funding is awi!~ble from 501- 3312-591-64.20 (Central Garage Fund/Automotive). Purchase award to Pro-Am Safety, Inc. in the amount of $27,490.95 for the purchase of twenty-five (25) integrated Personal Alert Safety System (PASS) for the Scott Aviation Self-Contained Breathing Apparatus (SCBA) used by the Fire Department. Funding is available from 334-6112-519-64.90 (General Construction Fund/Other Machinery/Equipment). 08-03-2004 REGULAR AGENDA: CONDITIONAL USE REOUEST/LINDEIJ. SOUARE: Consider a request for conditional use approval to allow for a proposed mixed-use development containing 114 residential units (15.99 dwelling units per acre) and 23,000 square feet of commercial floor area for Lindell Square, located at the northwest comer of Federal Highway and Lindell Boulevard. (QnaM-JudicialHear~g) CONDITIONAL USE REOUEST/CITYWALK AT PINEAPPLE GROVE: Consider a request for conditional use approval to allow for a building height up to 57' 5" for a non-habitable roof appurtenance and 50' 2" for the mansard roof features for Citywalk at Pineapple Grove (a.k.a. Pineapple Grove Building), located at the northwest comer of Pineapple Grove Way and N.E. 2"~ Street. (QuaM-JudicialHearing) CONDITIONAL USE REOUEST/JESSICA LINEHAN: Consider a request for conditional use approval to allow utilization of the business and the residential unit m parties that are not the owner, proprietor, or employee of the business, for the Jessica Linehan property, a proposed mixed-use (residential/office) development, located on the east side of N.W. 1't Avenue, approximately 193 feet north of N.W. 1" Street. (Quasi-Judicial Hearing) WAIVER REOUEST/DELRAY PARK OF COMMERCE: Consider a waiver request to waive Land Development Regulations (LDR) Section 4.4.18(B)(4), "Service Industry", for Lot 3, Tract "K", Delray Park of Commerce, pursuant to LDR Section 2.4.7(B)(5), "Findings", to allow the floor area for a light industrial use in the Sen, ice Industry land use component to exceed the 5,000 square foot limitation. (Quasi- Judicial Heatrim) REOUEST FOR IN-LIEU PARKING SPACES/SHORE RESTAURANT: Consider a request from Shore Restaurant for the purchase of two (2) in-lieu parking spaces in the mount of $28,000.00. Shore Restaurant is located at 6 South Ocean Boulevard. ( QuaM-JndiciM Headng) REOUEST FOR IN-LIEU PARKING SPACES/HANDELSMAN YELLOW BUILDING: Consider a request from Handelsman Yellow Building (a.k.a. the Blank House) for the purchase of six (6) in-lieu parking spaces in the amount of $72,000.00. The Blank House is located at 85 S.E. 6m Avenue. (OuaM-JndicialHeadag) PUBLIC COMMENTS/FY 2005 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2005 Proposed Budget at this time. 08-03-2004 FIRE-RESCUE/COUNTYWIDE LEVEL OF SERVICE RESOLUTIONS: Consider adopting a resolution committing to comply with minimum level of serdce standards for Fire-Rescue services. RESOLUTION NO. 60-04-A: Consider approval of Resolution No. 60-04-A committing to comply with minimum level of service standards for Fire/Rescue services which meets the County's demand. RESOLUTION NO. 60-04-B: Consider approval of Resolution No. 60-04-B committing to comply with minimum level of service standards for Fire/Rescue services which contains changes not authorized by the County's most recent decision. AMENDMENT NO. 2/MATCH POINT, INC.: Consider approval of Amendment No. 2 to the amended and restated agreement between the City and Match Point, Inc. to allow Match Point to seek funds from Palm Beach County. ~004-2005 FLORIDA DEPARTMENT OF CHII.DREN AND FAMILIES BLOCK GRANT FOR PREVENTION AND TREATMENT OF SUBSTANCE ABUSE FUNDING AGREEMENT/COMMUNITY CHILD CARE CENTER: Consider approval of an agreement between the City and the Community Child Care Center in the amount of $162,637.00 for the provision of substance abuse prevention REOUEST TO ADVANCE COUNTY FUNDING/ROOTS CULTURAL FESTIVAL. INC.: Consider approval of a request via the Downtown Development Authority to advance funding in the amount of $15,000, which will be reimbursed to the Ctiy through a Palm Beach County grant, to the Roots Cultural Festival, Inc. for their event to be held August 6-8, 2004. Funding is available from 001-6111-519-99.03 (Manager's Contingency Fund) REV]SED MEMORANDUM OF AGREEMENT/CHII-J~REN~S SERVICES COUNCIL (CSC) AND REVISED SUBCONTRACT/CHILDREN CASE MANAGEMENT ORGANIZATION: Consider approval of a Revised Memorandum of Agreement between the City of Delray Beach and Children's Sendces Council (CSC) and a Revised Subcontract between the City and the Children Case Management Organization (CCMO) in the revised amount not to exceed $165,000.00 in support of the Beacon Center Services at Village Academy Elementary School and Subcontracts between the City and the Community Child Care Center APPOINTMENTS TO THE BOARD OF AD_IUSTMENT: Appoint three 0) members to the Board of Adiustment for two (2) year temps ending August 31, 2006. Based on the rotation system, the appointments will be made by Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), and Commissioner Levinson (Seat #3). 0~0~04 10. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint five (5) members to the Board of Construction Appeals for two (2) year terms ending August 31, 2006. Based on the rotation system, the appointments will be made by Mayor Perknan (Seat #5), Commissioner Cosfin (Seat #1), Commissioner Archer (Seat #2), Commissioner Lex~mson (Seat #3), and Commissioner McCarthy (Seat #4). APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITy; Appoint one (1) member to the Downtown Development Authority for an unexpired term ending July 1, 2006. Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD; Appoint four (4) members to the Historic Preservation Board for two (2) year terms ending August 31, 2006. Based on the rotation system, the app&mtments will be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Perlman (Seat #5). APPOINTMENTS TO THE PLANNING AND ZONING BOARD; Appo'mt four (4) members to the Planning and Zoning Board for two (2) year terms ending August 31, 2006. Based on the rotation system, the app&mtments will be made by Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), and Cormmssioner McCarthy (Seat #4). APPOINTMENTS TO THE SITE PLAN REVIEW A.ND APPEARANCE BOARD; App&mt five (5) members to the Site Plan Review and Appearance Board for two (2) year terms ending August 31, 2006. Based on the rotation system, the appointments will be made by Commissioner Costm (Seat #1), Commissioner Archer (Seat #2), Commassioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Perlman (Seat #5). PUBLIC HEARINGS: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (FY 2004 - 2005): Consider approval of the Community Development Block Grant (CDBG) Annual Action Plan required by the Housing & Urban Development (HUD) Depa~h,,ent of the United States for utilization of grant funds. ORDINANCE NO. 44-04 (FIRST READING/FIRST PUBLIC HEARING~: An ordinance mending Ordinance No. 14-04, by enacting a new Subsection 4.6.7(E)(3)(e), "Ground Signs", to allow the phcement of certain Ground S'~ms in certain locations. If passed, a second public hearing will be scheduled for August 17, 2004. 08-03-2004 11. 12. ORDINANCE NO. 35-04 (FIRST READING/FIRST PUBLIC HEARING); An ordinance amending Land Development Regulations (LDR) Section 4.6.9(E), "Location of Parking Spaces", relating to in-lieu fees and amending Appendix "A" "Definitions", by enacting a definition for new development, redevelopment, and in-fill development. If passed, a second public hearing will be scheduled for August 17, 2004. ORDINANCE NO. 43-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance mending Land Development Regulations (LDR) Section 4.4.9(B)(5), "General Commercial Zoning District", to provide that commercial uses arc allowed in mixed-use developments in the General Commercial (GC) Zoning District if commercial uses are provided on the ground floor and occupy no less than 25% of the structure. If passed, a second public hearing will be scheduled for August 17, 2004. ORDINANCE NO. 45-04: An ordinance amending Chapter 111, "Advertising", by repealing Chapter 111 in its entirety and amending Chapter 118 "Solidtors and Peddlers", by repealing Chapter 118 in its entirety and enacting a new Chapter 118 "Solicitors and Peddlers", to provide an updated code including new provisions on the vending of products from motor vehicles. ORDINANCE NO. 34-04; An ordinance amending the Land Development Regulations (LDR) Section 4.3.3(P), "Satellite Dish-Satellite Television Antenna", to provide updated regulations for Satellite Dishes and Antennas. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inqniries. B. From the Public. FIRST READINGS: ORDINANCE NO. 40-04; An ordinance providing for a referendum to be held on November 2, 2004, on the question of whether the majority of the q~,!~fied voters of the City voting in the referendum special election give their consent and permission for the release of any deed restrictions and for the transfer and sale of the North 48 feet of Lot 15, Block 101 (Library), located behind the current library site at 29 S.E. 4~ Street and fronting on S.E. 5m Avenue. If passed, a public hearing will be scheduled for August 17, 2004. ORDINANCE NO. 41-04: An ordinance providing for a referendum to be held on November 2, 2004, on the question of whether the majority of the qualified voters of the City voting in the referendum special election give their consent and pemaission for the release of any deed restrictions and for the transfer and sale of part of Block 52 (Termis), located on the northwest comer of N.W. 1't Avenue and Atlantic Avenue. If passed, a public hearing will be scheduled for August 17, 2004. 08-03-2004 ORDINANCE NO. 46-041 An ordinance amending Chapter $1, "City Offi~i~l~ and Employees", by amending Section 31.02, "Compensation of' Commissioners and Mayor", to provide for salary increases for the Mayor and City Commissioners to bring s~l~ries in line with neighboring municipalities. If passed, a public heating will be scheduled for August 17, 2004. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission PO8TED-' JULY 30, 2004 08-03-2004 CITY COMMISSION CITY OF DELRAY BEACH~ FLORIDA REGULAR MEETING - TUESDAY~ AUGUST 3~ 2004 6:00 P.M. -COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: CONSENT AGENDA J. AWARD OF BIDS AND CONTRACTS: J.4 Contract award to BSA Corporation in the amount o£ $7,096,278.00 and Change Order No. 1 in the amount of $43,946.00 for a total cost of $7,140,224.00 for the construction of the new Delray Beach Public Library. Funding is available from 334-3552-571-62.10 (General Construction Fund/Buildings). Please be advised that ifa 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. JULY 20~ 2004 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, July 20, 2004. 1. Roll call showed: Present- Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy (arrived at 6:35 p.m.) Mayor Jeff Perlman Absent o None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attomey Brian Shutt, Assistant City Attorney Chevelle D. Nubin, Acting City Clerk 2. The opening prayer was delivered by Rabbi Suzanne Carter, Chief Chaplain of the Delray Beach Police and Fire-Rescue Department. given. The Pledge of Allegiance to the flag of the United States of America was AGENDA APPROVAL. Mayor Perlman requested Item 8.P.2., Contract Award to Caler~ ContenT Druker~ Porter & Veil be moved from the Consent Agenda to the Regular Agenda as Item 9.A. 1. Mayor Perlman noted the addition of Item 8.P.6, Purchase Award to Tuppen's Marine to the Consent Agenda by addendum. Mr. Levinson requested Item 8.B., Resolution No. 57-04 be deferred and Item 8.E., Service Authorization/Catherine Strong Park/Tetra Tech WHS~ Inc. be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.2. Mr. Levinson moved to approve the Agenda as amended, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. APPROVAL OF MINUTES: Mr. Costin moved to approve the Minutes of the Regular Meeting of July 6, 2004, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 0 vote. Mr. Costin moved to approve the Minutes of the Special Meeting of July 13, 2004, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. PROCLAMATIONS: 6oAo Recognizing and commending Ernest G. Simon Mayor Perlman read and presented a proclamation recognizing, commending and honoring ERNEST G. SIMON for fifty years of membership in The Florida Bar, for his many accomplishments, and for his valuable contributions to the Citizens of Delray Beach throughout the past 50 years. Ernest Simon came forward to accept the proclamation. 6oao Recognizing and commending Delra¥ Medical Center Mayor Perlman read and presented a proclamation recognizing and commending the Delray Beach Medical Center for being named one of the nation's 100 Top Hospitals by Solucient for the third consecutive year and for their commitment to providing a full range of superior health care services to our community. Mitch Zeldman came forward to accept the proclamation. PRESENTATIONS: None. CONSENT AGENDA: City Manager Recommends Approval. 8°Ao FINAL SUBDIVISION PLAT APPROVAL/BERMUDA GARDEN ESTATES PLAT: Approve the subdivision plat for Bermuda Garden Estates Plat, a two (2) lot residential subdivision, located on the southwest comer of South Ocean Boulevard and Bermuda Gardens Road. 8.B. RESOLUTION NO. 57-04: Approve Resolution No. 57-04 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 2655 Dorson Way. The caption of Resolution No. 57-04 is as follows: -2- 07/20/04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 57-04 is on file in the City Clerk's office.) Mr. Levinson moved to table Resolution No. 57-04, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 8.C. RESOLUTION NO. 58-04: Approve Resolution No. 58-04 assessing costs for abatement action required to remove nuisances on four (4) properties throughout the City. The caption of Resolution No. 58-04 is as follows: 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 -3- 07/20/04 THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. office.) (The official copy of Resolution No. 58-04 is on file in the City Clerk's 8.D. RESOLUTION NO. 59-04: Approve Resolution No. 59-04 assessing costs for action necessary to remove junked and/or abandoned vehicles from three (3) properties throughout the City. The caption of Resolution No. 59-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; 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; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. office.) (The official copy of Resolution No. 59-04 is on file in the City Clerk's 8oEo THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.2. 8.F. SERVICE AUTHORIZATION NO. 04-02/ARCADIS/LNW: Approve Service Authorization No. 04-02 to Arcadis/LNW in the amount of $20,990.00 for the U.S. 1 and Tropic Boulevard Signalization Design Project. Funding is available from 334-3162-541-65.68 (General Construction Fund/US 1 at Tropic Boulevard). 8.G. CHANGE ORDER NO. 2/FINAL PAYMENT/T.L.C. DIVERSIFIED~ INC.: Approve Change Order No. 2 in the amount of $506.70, and final payment in the amount of $28,058.29 to T.L.C. Diversified, Inc. for completion of the Rehabilitation Project for Lift Stations 19, 57, and 80. Funding is available from 442-5178-536-61.83 (Lift Station Conversion to Submersible). -4- 07/20/04 8.H. RESCIND CONTRACT AWARD/CHANGE ORDER NO. 1/FINAL PAYMENT/ENGINEERED ENVIRONMENTS, INC.: Rescind thc contract award to Engineered Environments, Inc. for thc Beach Lifeguard Towers, Phase II Project and approve Change Order No. 1 in the amount ora $100,786.00 decrease, and final payment in the amount of $3,918.00 to Engineered Environments, Inc. for project close-ont expenses. Funding is available from 334-6112-519-62.14 (General Construction Fund/Lifeguard Towers) and 115-0000-248-80.00 (Special Projects Funds). 8.I._.:. AGREEMENT/AOUATEC SYSTEMS/LEON WEEKS PARK HABITAT MANAGEMENT: Approve an agreement between thc City of Delray Beach and Aquatec Systems in the amount of $50,698.45 for the offsite mitigation for Heritage Park in the Leon Weeks preserve. The Heritage Park developer has funded $47,032.00 and the balance of $3,666.45 will be funded by thc City. Funding is available fi.om 119-4151-572-60.69 (Beautification Trust Fund/Improvements/Other). 8.J~ PARKING REQUEST/JOHN HOCK ENTERPRISES: Approve a request from John Hock Enterprises to prepay in full for the utilization of six (6) parking spaces in thc Sandoway Lot to accommodate employee parking during the construction of a home at 1108 Coconut Row. The request is to use the spaces Monday through Friday commencing on or about July 21, 2004 through January, 2005 for a total of 135 days at a rate of $36.00 per day for a total of $4,860.00. 8.K. CHANGE ORDER NO. 3/REED LANDSCAPING~ INC.: Approve Change Order No. 3 in an increase amount of $19,819.55 from the previous change order, but resulting in a net decrease amount of $48,850.97 from the original contract to Reed Landscaping, Inc. for completion of the Lake Ida Road Beautification Project. Funding is available fi.om 119-4151-572-63.20 (Beautification Trust Fund/Landscaping/Beautification). 8.L. ACCEPTANCE OF HOLD HARMLESS AGREEMENT: Approve and accept a hold harmless agreement between the City and Gloria Irish to allow the installation of brick pavers within a public utility easement. 8.M. SPECIAL EVENT REQUEST/HOWARD ALAN l0TM ANNUAL DELRAY BEACH CRAFT FESTIVAL: Approve a special event request for the 10t~ annual Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to bc held fi.om 10:00 a.m. until 5:00 p.m. on September 18 and September 19, 2004, granting a temporary use permit per LDR Section 2.3.6(H) for the closure of S.E. 4th Avenue, two blocks south of Atlantic Avenue, and the Vittorio's parking lot for vendor parking, and authorize staff support for police security with the sponsor paying all overtime costs; contingent upon receipt of certificate of liability insurance. 8.N. SPECIAL EVENT REQUEST FOR 5TM ANNUAL DELRAY BEACH THANKSGIVING ART FAIR: Approve a special event request for thc 5t~ Annual Delray Beach Thanksgiving Art Fair to be held on November 27 and November 28, 2004 fi.om 10:00 a.m. to 5:00 p.m., to grant a temporary usc permit per LDR Section 2.3.6(H) nd th for thc closure ofN.E. 2 Avenue, from the alley just north of Atlantic to N.E. 4 Street, -5- 07/20/04 and to authorize staff support for traffic control and security with sponsor paying all overtime costs; contingent upon receipt of certificate of liability insurance. 8oO. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 6, 2004 through July 16, 2004. goPo AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Otto Industries Systems in the amount of $18,373.00 for the purchase of garbage carts with lids as a sole source purchase. Funding is available from 433-3711-534-49.35 (Sanitation/Cart Renewal and Replacement). 2. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A.1. 3. Contract award to Rosso Paving & Drainage, Inc. in the amount of $248,160.00 for the Plumosa Park Improvements Project. Funding is available from 334-6111-572-65.79 (General Construction Fund/Plumosa). 4. Contract award to Chaz Equipment in the amount of $65,430.00 via Annual Contract No. 2002-37 for wet well lining and interior/exterior piping modifications for Lift Station 50. Funding is available from 441-5144-536-46.90 (Water/Sewer/Repair/Maintenance Cost). 5. Contract award to Murray Logan Construction, Inc. in the amount of $20,400.00 via Palm Beach County Term Contract No. 02069B for mechanical rehabilitation of Lift Stations 35B, 21, and 92A. Funding is available from 441-5144-536-46.20 (Water/Sewer/Equipment Maintenance). 6. Purchase award to Tuppen's Marine in the amount of $19,946.50 for the purchase of two (2) Yamaha motors for the Police Department's Marine Patrol boat. Funding is available from 501- 3312-591-64.20 (Capital Garage Fund/Vehicle). Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA: 9.A.1. CONTRACT AWARD TO CALER~ DONTEN~ LEVINE~ DRUKER, PORTER & VEIL~ P.A. FOR PROFESSIONAL AUDIT SERVICES FOR FY 2004 IN THE AMOUNT OF $94~100.00~ FY 2005 IN THE AMOUNT OF $96~900.001 AND FY 2006 IN THE AMOUNT OF $99~800.00. FUNDING IS AVAILABLE -6- 07/20/04 FROM VARIOUS DEPARTMENTAL OPERATING BUDGETS: Rebecca Henderson, representing Rachlin, Cohen & Holtz, asked the Commission to allow each firm to make a direct presentation to them. Mayor Perlman stated Ernst & Young did not express a desire to continue their present engagement since they did not submit a proposal. Mr. Levinson stated he felt the process was fair and supports the Auditor RFQ Evaluation Committee's recommendation. Mr. Costin stated he too supports the Committee's recommendation. Mayor Perlman stated the number one ranking company would represent a 17.5% reduction in cost. Mrs. Archer concurs with comments expressed by Mr. Levinson and Mr. Costin. Mr. Costin moved to approve a three year contract to Caler, Conten, Levine, Druker, Porter & Veil, P.A. for professional audit services for fiscal year 2004 as recommended by the Auditor RFQ Evaluation Committee, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.A.2. SERVICE AUTHORIZATION/CATHERINE STRONG PARK/TETRA TECH WHS~ INC.: Approve Service Authorization No. P-01 to Tetra Tech, Inc. in the amount of $160,321.00 for the detail design of the Catherine Strong Park Project. Funding is available from 334-4183-572-63.90 (General Construction Fund/Other Improvements/Catherine Strong) and 380-4150-572-62.59 (2004 G.O. Bond/Catherine Strong Center). Mr. Levinson stated it appears the fees to Tetra Tech, Inc. as a percentage of the total job and what was paid to Digby is nearly 10% of the project cost which he feels is high for a park in architectural terms. He feels spending $1.9 million for a park is too much money. Richard Hasko, Director of Environmental Services, stated this does not include construction administration; however, it does pick up where Digby's contract left off. Mr. Levinson moved to approve and authorize the City Manager to negotiate an amount not to exceed $160,321.00, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 0 vote. -7- 07/20/04 9.A. REQUEST FOR IN-LIEU PARKING SPACES/CHRISTINA'S RESTAURANT: Consider a request from Christina's Restaurant for the pumhase of four (4) in-lieu parking spaces in the amount of $24,000.00. Christina's Restaurant is located at 65 N.E. 2nd Avenue (Ocean City Lumber Complex). (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-281 into the record. Mr. Dorling stated Christina's restaurant is a conversion of 1,050 square feet of retail space to a restaurant and the creation of an additional 149 square feet of outdoor dining area of a restaurant currently located in the Ocean City Lumber Complex. The applicant is requesting the purchase of four (4) in-lieu parking spaces at a cost of $6,000 each, for a total of $24,000, to be paid in full upon issuance of a building permit. LDR Section 4.6.9(E)(3) states "if it is impossible or inappropriate to provide the required number of on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing the required parking, pursuant to the following provisions." The development has a 23 space surplus; the applicant fails to meet required findings pursuant to LDR Section 4.6.9(E). At its meeting of June 10, 2004, the Community Redevelopment Agency (CRA) supported the proposed expansion. They did not support the in-lieu request based on the surplus of parking currently available. At its meeting of June 22, 2004, the Parking Management Advisory Board failed to forward a recommendation as the results of a motion to deny resulted in a 3-3 tie (Gillie, Wheat and Poli dissenting). At its meeting of June 23, 2004, the Site Plan Review and Appearance Board (SPRAB) supported the site plan modification unanimously. A second motion for the in-lieu parking request was approved 4-1. Christina Betters, 65 N.E. 2aa Avenue, Delray Beach (Applicant), stated she has been in town for many years and was informed she could purchase the four (4) in-lieu parking spaces. She stated she has already made commitments and would like to purchase the spaces. Mayor Perlman stated if anyone fi'om the public wishes to address the Commission regarding the request for in-lieu parking spaces, to come forward at this time. -8- 07/20/04 Cecelia Boone, stated she does the leasing on Ocean City Properties (N.E. 2nd Avenue), and never intended to give Mrs. Betters another four spaces. However, now that Mrs. Betters would like to expand, it could impact their bank. Mrs. Boone stated the Parking Management Advisory Board (PMAB) is working on tightening the in-lieu spaces allowed and they could be prohibited from developing their property in the future if this passes. Mrs. Boone urged the Commission to allow Mrs. Betters to purchase these parking spaces so that they do no impact the bank because it will be inappropriate once it is developed. Janet Onnen, 220 N.E. 1st Street, Delray Beach, stated she was on the Parking Management Advisory Board (PMAB) for many years and commented that the purpose of the in-lieu parking fees was never fully developed and explained. Mrs. Onnen stated it was her understanding that the in-lieu fees were to be collected so that the City would not end up with pieces of parking everywhere. Mrs. Onnen expressed concern that she may not be able to develop the property. There being no one else from the public who wished to address the Commission regarding the in-lieu request, the public heating was closed. Mr. Dorling stated the bank would not have the impact of prohibiting the development and stated there are uses that could continue such as vested parking. Mr. Dorling stated it is currently for retail space and they could not necessarily increase it to the degree that they may want to if they exceed that bank of 23 parking spaces. He stated they could continue to reoccupy any of those bays with retail uses and have no impact on the bank. Mayor Perlman stated Pineapple Grove is going to succeed if restaurants are located there but because of the lack of parking, the Commission is not able to approve restaurants with some of the projects because there is not enough space. He expressed concern over the City implementing a policy that is going to have sustainable development moving forward. Mr. Levinson expressed concern that this project has excess spaces and the applicant wishes to hold the spaces for the future. Mr. Costin echoed concerns expressed by Mr. Levinson. Mrs. Archer stated she does not agree for a landowner or developer to hoard the parking spaces before there is any development. Mayor Perlman stated he has a lot of respect for what Mrs. Onnen has done for Pineapple Grove. However, there is an LDR that is very clear and he expressed concern over the precedent this could set. Mr. Costin stated he admires Mrs. Onnen for her foresight; however, concurs with comments expressed by Mayor Perlman. -9- 07/20/04 Mr. Levinson moved to approve the request for in-lieu parking spaces for the purchase of four (4) in-lieu parking spaces in the amount of $24,000.00, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - No; Ms. McCarthy - No; Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - No. Said motion to approve the request was DENIED with a 5 to 0 vote. 9.B. REQUEST TO REDUCE LIENS/SOOKHOO: Consider a request from Mr. Adesh R. Sookhoo to waive the interest and administrative fees totaling $4,176.75 assessed for abating nuisances on property located at 1119 N.W. 1st Street. Mr. Sookhoo is prepared to pay the City's out-of-pocket expenses in the amount of $3,568.19. Staffrecommends denial. Lula Butler, Director of Community Improvement, stated this is a request from Mr. Adesh Sookhoo to release a portion of the liens assessed for abating certain nuisances in the form of accrued interest and administrative fees to property addressed at I 119 N.W. 1st Street. The total amount of the accrued interest and administrative fees is $4,176.75. Mr. Sookhoo acquired the property via the purchase of a tax certificate in the amount of $9,113.11. The City's out-of-pocket costs total $3,568.19. Staff is recommending denial of the applicant's request to reduce liens assessed to his property on N.W. 1st Street in the amount of $4,176.75, based on the fact that the request does not meet the requirements for reduction under the policy adopted by the City Commission in October 2003. Mr. Costin moved to support staff's recommendation to deny the request based on the fact that the request does not meet the requirements for reduction under the policy adopted by the Commission in October 2003, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.C. CHILDREN'S SERVICES COUNCIL/MEMORANDUM OF AGREEMENT AND SUBCONTRACTS/COMMUNITY CHII ~I~ CARE CENTER/CHILDREN CASE MANAGEMENT ORGANIZATION: Consider approval of a Memorandum of Agreement between the City of Delray Beach and Children's Services Council (CSC) in the amount of $931,676.00 in support of the Beacon Center Services at Village Academy Elementary School and Subcontracts between the City and the Community Child Care Center and the Children Case Management Organization for carrying out services at the Beacon Center. Lula Butler, Director of Community Improvement, stated this is a Memorandum of Agreement between the City of Delray Beach and the Children's Services Council (CSC) of Palm Beach County in the amount not to exceed $931,676 in support of the Beacon Center Services at the Village Academy Elementary School for the period of August 1, 2004 through September 30, 2005. In addition, Mrs. Butler stated staff is requesting the Commission to approve the agreement between the City of Delray Beach and the Community Child Care Center (CCCC) for services for two months for the period August 1, 2004 through September 30, 2004 as the non-profit partner who will be -10- 07/20/04 responsible for carrying out the services at the Beacon Center. Mrs. Butler stated the third agreement is between the City of Delray Beach and the Children's Case Management Organization (CCMO) for social work services to children and families for the period of August 1, 2004 through September 30, 2004. At their meeting of May 24, 2004, the Children's Services Council Board of Directors selected the City of Delray Beach as the contract provider designated as the "Central Agency" under the formal agreement for the Beacon Center at Village Academy Elementary School. The CSC and the City, utilizing a collaborative process, jointly selected the Community Child Care Center as the non-profit panner under the competitive process called "Invitation to Negotiate" on June 17, 2004. CCMO funding is allocated as a part of the Beacon Center budget for required services. Mr. Levinson stated he knows very little about the Children Case Management Organization (CCMO) and suggested that they give a presentation at a City Commission Workshop meeting after their budget is complete. Mrs. Butler stated the CCMO's budget is complete for both the two month per/od and the annual year. She stated staff will schedule this as soon as possible. Mr. Costin stated this is great for Delray and he is very pleased. Mayor Perlman thanked Nancy Hurd, Executive Director of the Community Child Care Center (CCCC), for stepping up to the plate and stated he is excited to see the number of services that will be delivered to children and the families in this neighborhood. He appreciates everything everyone has done to help facilitate this and noted this is the first time the Children's Services Council (CSC) has partnered with the City. Mrs. Archer moved to approve the Memorandum of Agreement between the City of Delray Beach and the Children's Services Council (CSC) of Palm Beach County in support of the Beacon Center services at Village Academy Elementary School and the subcontracts as proposed between the City and the Community Child Care Center (CCCC) and Children Case Management Organization (CCMO) for carrying out services at the Beacon Center, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, Mrs. Butler thanked Ten:ill Pybum, Assistant City Attorney for her assistance. 9.Do AMENDMENT NO. 1 AND AMENDMENT NO. 2/INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Consider approval of Amendment No. 1 and Amendment No. 2 to the Interlocal Agreement between the City of Delray Beach and Palm Beach County to provide for an equitable sharing of the local gas tax revenue in the event of either the future creation of a new municipality or the future dissolution of a municipality in Palm Beach County. -11- 07/20/04 The City Manager stated Palm Beach County levies local option gas taxes totaling 11 cents per gallon which must be shared with municipalities. He stated the new municipality's share of the local option gas tax will come from the county and the municipalities in the same proportion as the tax is currently being divided between the two. That is, the County would contribute 66 2/3% and 79% respectively from the two gas tax levies, with the balance coming from the municipalities. The total County and municipal shares would be recalculated to reduce the County share and increase the municipal share in future years. Per Florida Statute, the City Manager stated an interlocal agreement for allocation of gas tax funds requires the approval of municipalities which include a majority of the municipal population in the County. Mayor Perlman commended the City Manager for his work over the years with regard to this issue. Mr. Levinson echoed comments expressed by Mayor Perlman. Mr. Levinson moved to approve Amendment No. 1 and Amendment No. 2 to the Interlocal Agreement between the City of Delray Beach and Palm Beach County, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - 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. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 32-04: Privately initiated small scale Future Land Use Map (FLUM) Amendment from CF-R (Community Facilities-Recreation) to CC (Commercial Core) and rezoning from CF (Community Facilities) to CBD (Central Business District) for a 2.42 acre parcel of land to be known as The Strand, bordered by S.E. 1st Street on the north, S.E. 2nd Street on the south, S.E. 3rd Avenue on the east, and the Florida East Coast (F.E.C.) Railway on the west. Prior to consideration of passage of Ordinance No. 32-04 on Second and Final Reading, a public hearing has been scheduled to be held at this time. (Quasi-JudicialHearing) The caption of Ordinance No. 32-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED 1N THE COMPREHENSIVE PLAN FROM CF-R (COMMUNITY FACILITIES-RECREATION) TO CC (COMMERCIAL CORE); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZON1NG AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) TO CBD -12- 07/20/04 (CENTRAL BUSINESS DISTRICT); SAID LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF SE 3RI> AVENUE, BETWEEN SE 1sT STREET AND SE 2sD STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 32-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A quasi-judicial public heating 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. Chevelle D. Nubin, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project files #2004-254 & #2004-255 into the record. Mr. Dorling stated the subject property incorporates that portion of Block 86 lying east of the F.E.C. Railway fight-of-way containing approximately 2.42 acres. The property is presently zoned CF (Community Facilities) with an underlying compatible FLUM designation of CF-R (Community Facilities-Recreation). This development proposal will encompass approximately 25,000 square feet of ground floor retail floor area and up to 140 condominium residences on the subject property and an adjacent property to the north (across SE 1st Street). This FLUM amendment is being processed as a small scale amendment and is not limited by the twice a year cap of Florida Statutes. At its meeting of May 25, 2004, the Community Redevelopment Agency (CRA) considered this request and recommended approval with no objections. At its meeting of May 19, 2004, the Downtown Development Authority (DDA) reviewed the proposed FLUM amendment and rezoning and had no objections. At its meeting of June 21, 2004, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and rezoning request. One (1) member from the public spoke on the item and indicated a concern as to the amount of residential development in the downtown. After discussing the proposal, the Board voted 6-0 (Krall absent) to recommend that the requests be approved, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the -13- 07/20/04 Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the LDR's. Dodi Glas, Planner with Urban Design Studio representing Cary Glickstein, explained that Mr. Glickstein is not present this evening because of a planned family vacation. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 32-04, the public hearing was closed. Prior to the vote, Mayor Perlman asked staff if this is consistent with the Downtown Master Plan. Mr. Dorling stated this is consistent with the Downtown Master Plan. Mr. Costin inquired whether or not it is being envisioned as a mixed use. Mr. Dorling stated this is being envisioned as mixed use. Mayor Perlman asked if there is any office space envisioned. Mr. Dorling stated it is his understanding that at this time it is just for retail. Mrs. Glass stated at this time it is set for retail. Mr. Costin stated there is a need for small professional office space in the downtown area without driving people out of the area to accommodate their professional needs and this may be something worthy of consideration. Mrs. Glass stated there is a similar project with retail and condominium units in West Palm Beach because it was intended to be mixed use. Mayor Perlman reiterated concerns expressed by Mr. Costin and stated he feels it is important to have a mix of residential retail and employment downtown. Mr. Costin moved to adopt Ordinance No. 32-04 on Second and FiNAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 10.B.. RESOLUTION NO. 55-04: Consider approval of a resolution adopting the final assessment roll, Pineapple Grove Way Special Assessment District. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resohition No. 55-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDiNG FOR THE CERTIFICATION AND ADOPTION OF THE -14- 07/20/04 FINAL ASSESSMENT ROLL FOR THE PINEAPPLE GROVE WAY SPECIAL ASSESSMENT DISTRICT TO INCLUDE THOSE PROPERTIES ABUTTING PINEAPPLE GROVE WAY (N.E. 2nd STREET) FROM THE FIRST ALLEY INTERSECTION NORTH OF ATLANTIC AVENUE TO N.E. 4th STREET, AS MORE FULLY DESCRIBED HEREIN; PROVIDING FOR THE ASSESSMENT AMOUNT AS TO EACH PROPERTY; PROVIDING FOR THE METHOD OF PAYMENT OF THE SPECIAL ASSESSMENT; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 55-04 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. Brian Shutt, Assistant City Attorney, stated this item is the final assessment roll for Pineapple Grove Way. He stated the highlighted sections are changes made to the final assessment roll by City staff and the linear footage was reduced on certain side streets. Therefore, the amount that will be assessed to the property owners through the final assessment roll will be 1/3 of the costs. The special assessment cost shall be divided between the City, CRA and property owners with each party paying a 1/3 share. Janet Onnen, 220 N.E. 1st Street, Delray Beach, expressed concern over the amount of the assessment and urged the Commission to review the interest rate of 8% attached to the assessment if she decided to pay the assessment in twenty (20) annual installments. Mrs. Onnen suggested that the interest rate be reduced on this assessment and all other partnerships the City has with the CRA regarding property owners'. Cecelia Boone, Pineapple Grove Mainstreet, stated other property owners' share the same concern. She stated everyone is grateful for the street improvements and appreciate the opportunity to pay the assessment in installments. However, Mrs. Boone concurs with comments expressed with Mrs. Onnen regarding reducing the interest rate to be more in line with the City's risk. The City Attomey stated currently eight percent (8%) is a requirement of the LDR's and the City Code. Therefore, if the Commission wishes to reduce the interest rate, the ordinance and resolution would have to be amended. The City Manager stated the City is not in the business of financing or banking. He stated property owners have the option to finance with lending institutions -15- 07/20/04 outside the City if they wish to obtain a lower interest rate. There being no one else from the public who wished to address the Commission regarding Resolution No. 55-04, the public hearing was closed. Mr. Levinson moved to adopt Resolution No. 55-04 with the amended spreadsheet, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 56-04: A resolution establishing a budget for the Stormwater Utility System, establishing the rates for FY 2005 Stormwater Management Assessments, and certifying and adopting the Stormwater Assessment Roll. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 56-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITTED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL. (The official copy of Resolution No. 56-04 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 56-04, the public hearing was closed. Mr. Levinson moved to approve Resolution No. 56-04, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Amher - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. -16- 07/20/04 10.D. ORDINANCE NO. 37-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Ordinance No. 13-04, Section 4, "Duration of Moratorium/Extension o£ Moratorium" to extend the moratorium on Adult Arcade Establishments for ninety (90) days. Prior to consideration o£ passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 37-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 13-04, SECTION 4, "DURATION OF MORATORIUM/ EXTENSION OF MORATORIUM" BY AMENDING THE TEMPORARY BUILDING MORATORIUM ON ARCADES TO EXTEND THE MORATORIUM FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 37-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A quasi-judicial heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-048 into the record. Mr. Dorling stated approximately four months ago the City Commission passed an ordinance placing a moratorium on adult arcades and the ordinance will expire on July 1 l, 2004 and this ordinance will extend the moratorium for a period of ninety (90) days. Staff is drafting some regulations for this type of use. Mr. Levinson stated this is a big problem in a couple of cities. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 37-04, the public heating was closed. -17- 07/20/04 Mrs. Archer moved to adopt Ordinance No. 37-04 on Second and F1NAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 34-04: An ordinance amending the Land Development Regulations Section 4.3.3(P), "Satellite Dish-Satellite Television Antenna", to provide updated regulations for Satellite Dishes and Antennas. (Postponed due to further advertising) The caption of Ordinance No. 34-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS, SECTION 4.3.3.(P), "SATELLITE DISH - SATELLITE TELEVISION ANTENNA"; TO PROVIDE AN UPDATED ORDINANCE ON SATELLITE DISHES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 34-04 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mr. Levinson moved to postponed Ordinance No. 34-04 to the regular City Commission meeting of August 3, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquires on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. With regard to a prior concern expressed by Mr. Athouriste that a basketball court be installed at Carrie Commons Park for the youth in the area, the City Manager stated the idea was discussed with a neighborhood association and they rejected the idea noting some of the normal problems associated with youth congregating. The youth from the Osceola neighborhood are the highest users of the basketball courts at the Teen Center immediately east of this area because it is in walking distance. The City Manager stated the City will look into construction of basketball courts in Currie Commons Park as part of the Parks Bond Park upgrade project and also give the Osceola Park residents the opportunity to review this and see if something can be done that the neighborhood will find acceptable. -18- 07/20/04 With regard to a prior concem expressed by Mr. Warner about a 40% increase in the City's budget (2000-2004), the City Manager stated by staff's calculations the increase is 33.61%. The City Manager stated the 2004 budget is inflated because of several different reasons. One is the $700,000 advance to the library the City will be getting back in grants and also the transfer of $2 million to the General Construction Fund because of the assessment projects the City is funding. The City Manager stated this shows up as an expense in the budget even though it is a loan the City will be receiving in the future. The City Manager stated in Mr. Wamer's Letter to the Editor he commented about the Police Department being chronically understaffed. The City Manager stated if Mr. Warner was talking about the number of Police Officer's positions in the budget, the way this is looked at is the number of officers per thousand residents. The City of Boca Raton has 2.03, Boynton Beach has 2.07, and the City of Delray Beach has 2.38. If he is talking about Police vacancies, approximately three years ago the City Commission made some significant changes in the pay and benefit package and therefore the vacancies have been eliminated. The vacancies the City currently has are due to normal turnover. The City Manager stated with regard to prior comments expressed by Mr. Rothman about separation of church and state, the Police Department's involvement with Mr. Rothman on church property has always been at the request of the chumh's clergy administrative staff or congregants. The City Manager stated Mr. Rothman has been disruptive and disorderly which necessitates the involvement of the police. The Police Department will continue to respond to calls for assistance from any church or house of worship and will take appropriate measures to handle the situation. Mr. Rothman's request for a policy prohibiting the police from taking lawful and necessary actions is without merit or lawful standing. The City Manager stated the Federal Aviation Administration (FAA) considers powered paragliders as ultralight aimraft and by definition are those aimrafts that weigh less than 254 pounds, carry no more than one single occupant, and they do not require any licensing or certification by the FAA. Ultralight Vehicle Operations may only be conducted as a sport or recreational activity and the operators of these vehicles are responsible for assessing the risks involved to assure the safety of those not involved in the sport. Under Part 103, no person may operate an ultralight vehicle except between the hours of sunrise and sunset unless the vehicle is equipped with an operating anticollission light that is visible for at least 3 miles and then the vehicles may be operated during the twilight periods 30 minutes before official sunrise and 30 minutes after official sunset. Each person operating an ultralight vehicle is responsible for maintaining vigilance and no person may operate an ultralight vehicle over any congested area of a city, town, or settlement or over any open air assembly of persons. The City Manager stated he is not sure what is considered "any congested area" and whether this means any kind of developed area. There are some things the City could possibly do -19- 07/20/04 under its own police powers; however, the other question is what authority the City may have to enfome Part 103. ll.B. From the Public. ll.B.1. Robert Finkel~ 317 Coral Trace Court~ Delra¥ Beach~ distributed a copy of a letter to the Commission and stated he is still trying to obtain information regarding the loss on the resale for the Tate property. Mr. Finkel inquired whether or not there will be a tax increase to cover the loss. Secondly, Mr. Finkel commented about an article in the Palm Beach Post written by Mayor Perlman. ll.B.2. Mary Aiford~ 31 N.W. 14th Avenue~ Delray Beach~ stated she is agonizing over losing the Post Office and suggested that the City consider establishing a building to open a Post Office along Atlantic Avenue. Mrs. Alford stated if people have to travel to the Post Office located on Military Trail it will be a hardship for everyone. ll.B.3. Jim Smith~ 1225 S. Ocean Boulevard~ Delra¥ Beach~ concurs with comments expressed by Mrs. Alford regarding the Post Office. Secondly, Mr. Smith thanked the City Engineer for figuring out a way for Florida Department of Transportation (FDOT) to fill in the sidewalk gap on Atlantic Avenue in front of Busch's Seafood restaurant. Mr. Smith urged the City Manager or Mayor Perlman to write a letter to the County to ask the County to build bicycle lanes on Congress Avenue because of the following justifications: (1) the new Atlantic High School, (2) a bicycle fatality, and (3) Congress Avenue is a known bicycle commuter road. He urged the Commission to approve the 23 recommendations the Pedestrian/Bicycle Task Team presented approximately one year ago. Mr. Smith stated he was nearly hit by a bicyclist and suggested that a sign be posted to read "Please Slow Down When Approaching a Pedestrian and Audible Signal". Furthermore, Mr. Smith stated when there are bicycle lanes installed along A-l- A the sign can be changed to read "No Bicycles Allowed on the Paved Shoulder". At this point, the time being 7:40 p.m. the Commission moved back to Item 9.E. of the Regular Agenda. 9.E. PROPOSED MILLAGE RATE: Consider approval of a proposed millage rate for FY 2005, and set the budget review and adoption schedule. The City Manager gave a brief overview of the budget and proposed millage rate. -20- 07/20/04 The City Manager stated as the budget currently stands there is $415,000 in the contingency account to address labor negotiations and civil service. The City Manager stated budgeting is all about priorities and there are a variety of options to get the millage rate to 8.0 mills; however, it will require cutting the budget by approximately $750,000.00. Staff recommends setting the proposed millage rate at a maximum of 8.23 with making every effort to lower it between now and the budget hearings scheduled for September. Staff also suggested holding an extra Budget Work Session on August 24, 2004 and a third Budget Work Session on August 31, 2004 if necessary. The public hearings for the budget are scheduled for the City Commission meetings on September 7, 2004 and September 21, 2004. Mr. Levinson stated he feels the City has had some pretty good years; however, he does not want to build in permanent increases. He supports the millage rate being reduced to 8.0 mills and concurs with the City Manager that this is an issue of priorities. Mr. Costin stated he supports an 8.0 mill levy if this can be accomplished and concurs with comments expressed by Mr. Levinson. Mrs. Archer stated she too would like to see the millage rate stay at 8.0 mills; however, she feels the Commission should consider 8.23 as a cap for the millage rate. Ms. McCarthy stated she is supportive of keeping the millage at 8.0 mills. She asked how the City is doing with the reserves. The City Manager stated the reserves have been used to fund the assessment projects and he is hopeful the money will come back in quickly. Mayor Perlman stated he supports maintaining the millage rate at 8.0 mills especially because the City is having a 14 percent growth and will not support anything over 8.0 mills. The City Manager stated there are a number of cities now where CRA's are helping to fund public safety within their district and noted the CRA's revenues are going up approximately $1.2 million this year. Mayor Perlman commended the City Manager for all his work on the budget and feels the CRA should step up to the plate. Mayor Perlman stated he received a request from both the CRA and the DDA to hold a Joint Work Session. Mayor Perlman suggested that this be held on August 31, 2004. Brief discussion by the Commission followed. Mr. Levinson moved to approve the proposed millage rate at 8.23 maximum with direction to the City Manager to work at reducing it to 8.0 mills, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. -21- 07~0~4 9.F. PENSION MULTIPLIER INCREASE FOR RETIRED POLICE OFFICERS AND FIREFIGHTERS IN THE DEFERRED RETIREMENT OPTION PLAN (DROP): Consider a request from retirees in the Deferred Retirement Option Plan (DROP) to be allowed to purchase the increase in pension multiplier from 3% to 3 ½% which was approved for Police Officers and Firefighters earlier this year. The City Manager stated he was not able to get in touch with Douglas Vaughn, City of Delray Beach Police and Firefighter Pension Trustee. Brief discussion between the Commissioners followed. The City Manager stated the scenario that staff has discussed is there may be some people who are currently in the Deferred Retirement Option Plan (DROP) and if they went ahead and retired and took out their DROP accumulation, they could buy the increased multiplier. Mr. Levinson stated he is in favor of offering this to the retirees in the DROP Plan that wish to pumhase the increase in pension multiplier from 3% to 3 1/2% because it may make sense for some individuals. Mayor Perlman stated the individuals would have to pay their own actuarial studies, etc. The City Manager suggested that a ninety (90) day provision be written in the ordinance and that this also be offered to all Police and Fire retirees. The Commission gave direction to the City Attorney to prepare an ordinance to include a ninety (90) day provision giving all the Police and Fire retirees the option to purchase the increase in pension multiplier from 3% to 3 ½%. 9.G. REFERENDUM BALLOT QUESTIONS/REMOVING DEED RESTRICTIONS: Consider approval of the revised ballot wording for the Referendum Special Election to be held on November 2, 2004 regarding removing the deed restrictions on Block 52 (Tennis); and on the North 48 feet of Lot 15, Block 101 (Library) and provide direction regarding advertising in Creole as well as Spanish and English. The City Attorney stated there needs to be a first and second reading for the ordinances regarding the referendum questions. After brief discussion, it was the consensus of the Commission to move forward with Version //3 for the ballot wording and direct the City Attorney to draft ordinances and bring back to the Commission. 9.H. BEXLEY PARK ISSUES: Bexley Park update and/or authorization to take action. ~ 22 - 07/20/04 The City Attorney stated she is pleased with the progress thus far with regard to the Bexley Park issues. She stated staff is waiting for an "option list" to see if it is meeting the intent of the contract and expects to receive this by the end of the month. Mayor Perlman stated the progress has exceeded the City's expectations in terms of reductions of home prices and lot premiums. He is very pleased with the work that the City Attorney and Jeff Costello, Assistant Planning Director has done with regard to this issue. Mr. Levinson expressed concern over the first fifty people who originally declined and suggested that they be invited back into the lottery. Mayor Perlman stated there will be more releases and additional lotteries forthcoming. He stated the changes D.R. Horton is proposing are significant enough that it may entice many of these people back into the lottery and noted staff can discuss this with D.R. Horton. 9.I...~. RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Ratify the reappointments of Ronald Radabaugh as the Chamber of Commerce representative and Richard Sheremeta as the Downtown Development Authority representative on the Parking Management Advisory Board for terms ending August 1, 2006. Mrs. Archer moved to approve and ratify the reappointments of Ronald Radabaugh as the Chamber of Commerce representative and Richard Sheremeta as the Downtown Development Authority representative on the Parking Management Advisory Board for two year terms ending August 1, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.J. CONTRACT AWARDS/CHEMICALS AND FERTILIZERS: Consider approval of multiple contract awards, for the purchase of chemicals and fertilizers, via the Co-op Bid #2004-10 at an estimated annual cost of $212,380.00. Funding from Parks and Recreation Operating Budget in the estimated amount of $102,380.00 and from the Delray Beach Municipal Golf Course and Lakeview Golf Course operating budgets in the estimated amount $110,000.00. FY 2004/2005. The City Manager stated this is a request for the City Commission to approve multiple awards to low responsive bidder(s). The City of Delray Beach is the lead entity for this co-operative bid. Mr. Costin moved to approve multiple contract awards for the purchase of chemical and fertilizers via the Co-op Bid #2004-10, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. - 23 - 07/20/04 At this point, the Commission moved to Item 12, First Readings. FIRST READINGS: 12.A. ORDINANCE NO. 45-04: An ordinance amending Chapter 111, "Advertising", by repealing Chapter 111 in its entirety and amending Chapter 118 "Solicitors and Peddlers", by repealing Chapter 118 in its entirety and enacting a new Chapter 118 "Solicitors and Peddlers", to provide an updated code including new provisions on the vending of products from motor vehicles. If passed, a public hearing will be scheduled for August 3, 2004. The caption of Ordinance No. 45-04 is as follows: AN ORDINANCE OF THE CITY COMMISSON OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORDA, BY AMENDING CHAPTER 111, "ADVERTISING", BY REPEALING CHAPTER 111 IN ITS ENTIRETY AND AMENDING CHAPTER 118, "SOLICITORS AND PEDDLERS", BY REPEALING CHAPTER 118 IN ITS ENTIRETY AND ENACTING A NEW CHAPTER 118, "SOLICITORS AND PEDDLERS" TO PROVDE AN UPDATED CODE ON SOLICITORS AND PEDDLERS INCLUDING NEW PROVISIONS ON THE VENDING OF PRODUCTS FROM MOTOR VEHICLES; PERMIT REQUIREMENTS FOR JUVENILES ENGAGING IN SOLICITING AND PEDDLING; AND THE INCLUSION OF THE DISTRIBUTION OF HANDBILLS IN THE SAME CHAPTER FOR EASE OF REFERENCE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 45-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Prior to the vote, Mr. Levinson stated both Carolyn Gholston and Evelyn Dobson are very appreciative of the Commission addressing this issue. He concurs that there is a potential danger for the children in the streets. Mrs. Archer stated she is in favor of placing some controls on the solicitors and supports this ordinance. - 24 - 07/20/04 Mr. Costin moved to approve Ordinance No. 45-04 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13~ Comments and Inquiries on Non-Agenda Items. 13.A. City Manager With regard to comments expressed by Mr. Costin regarding the contract award for thc purchase of chemicals and fertilizers via thc Co-op Bid #2004-10, the City Manager stated co-purchasing is not recognized widely enough and pointed out with this particular bid, thc City of Boca Raton, City of Boynton Beach, City of West Palm Beach, Palm Beach County Solid Waste Authority, City of Lake Worth and the City of Greenacres work together and jointly put these products to bid. The City Manager stated different cities take the lead and stated thc City of Delray Beach is the lead city on this particular bid. The City Manager stated staff does try to take advantage of putting its purchasing power together with other cities to get the best prices. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission. 13.C.1. Mrs. Archer Mrs. Archer had no comments or inquiries on non-agenda items. 13.C.2. Mr. Costin Mr. Costin had no comments or inquiries on non-agenda items. 13.C.3. Ms. McCarthy Ms. McCarthy stated she had the pleasure of watching the new King and Queen of the Roots Cultural Festival and noted the Commission was inducted into the first official Hall of Fame for Roots. - 25 - 07/20/04 13.C.4. Mr. Levinson Mr. Levinson commented about an article in the Boca Magazine entitled "Politicians Who Get Things Done" and stated Mayor Perlman and Palm Beach County Commissioner Mary McCarty were selected for this honor. Secondly, Mr. Levinson stated he received an email which directed him to a website and there is an organization that has put together a contest for the "Mayor of the World". He stated Carolyn Gholston and Evelyn Dobson thanked the City Commission for including them in the Palm Beach County Black Elected Officials Gala and both were very appreciative of how the City is making process in fulfilling its commitment to the NW/SW Plan. With regard to comments expressed by Mrs. Dobson regarding the Post Office, Mr. Levinson stated he spoke with Randy Welker about the Post Office and there will be a retail store located next to the AIM Mail Center (The Esplanade Shopping Center) where stamps can be bought and things can be mailed. He stated stamps can also be bought from the stamp vending machine located inside the Post Office, Publix and Office Depot. He stated although the post office boxes are no longer available part of the postal service is still available to the public. He commented about an article in the Sun-Sentinel News regarding Auburn Trace and suggested that staff speak with the Delray Beach Housing Authority. Mr. Levinson stated he is distressed over Congressman Hastings' comment that was made at the Carver Square meeting. He commented about the Fire Academy Training Graduation held Friday evening and stated the oldest new recruit was 29 and the youngest was 19. Mr. Levinson stated a great way to look at success is when young people from the area want to return and reinvest themselves into the community. 13.C.5. Mayor Perlman With regard to Congressman Hastings' comment made at the Carver Square meeting, Mayor Perlman stated he wrote a letter to him and thanked him for his interest and assistance, although he did not appreciate the comment. Mayor Perlman commented about a letter from Carl Desantis' assistant for his donation of $750 for bullet proof vests for the Police Department. Mayor Perlman stated he attended the 100th Anniversary for Trinity Lutheran Church and stated the church is the fourth oldest congregation in the city. Mr. Levinson stated Tony Durante is doing a spectacular job at Trinity. - 26 - 07/20/04 Mayor Perlman stated he and Vice Mayor McCarthy attended the United Negro College Fund's (UNCF) Inaugural Scholarship Recipient Event and noted they both judged the essays. He stated twenty-seven students received scholarships and fair amounts of the people were from the City of Delray Beach. He stated the essays were very moving and he was very impressed with the students' r6sum6s. He stated the Roots Tropical Luncheon was enjoyable and noted the new King and Queen are Alfred and Lois Straghn. There being no further business, Mayor Perlman declared the meeting adjourned at 8:37 p.m. Acting City Clerk ATTEST: MAYOR The undersigned is the Acting 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 July 20, 2004, which Minutes were formally approved and adopted by the City Commission on Acting 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. - 27 - 07/20/04 WHEREAS, Robert Moreland, a 27 year veteran of the Delray Beach Fire-Rescue Department began his career in 1977 as one of the City's first Paramedics; and WHEREAS, during his career, Robert Moreland has served as a Fire Fighter/Paramedic, Driver-Engineer, Lieutenant, Emergency Medical Services Training Officer, Acting Battalion Chief, and most recently as Division Chief in charge of Emergency Medical Services; and WHEREAS, Division Chief Moreland is active in both county and state Emergency Medical Services organizations, and is recognized state-wide and nationally for his support of progressive, pre-hospital Emergency Medical Services activities and programs; and WHEREAS, Division Chief Moreland has served for many years as an Adjunct Instructor in PaLm Beach Community College's Paramedic Program; and WHEREAS, Division Chief Moreland is also active with outreach activities of the American Heart Association to encourage public access to automatic external defibrillators and training associated with Cardiopulmonary Resuscitation and other life saving techrdques; and WHEREAS, the Palm Beach County Chapter of the Florida Emergency Medical Set-,rices Provider's Association has conveyed upon him their '~ifetime Achievemenf' Award for his fireless efforts on behalf of improved pre-hospital emergency care and treatment standards. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida on behalf of the City Commission, do hereby recognize and commend DMSION CHIEF ROBERT MOREI_akND for being awarded the Palm Beach County '%ifetime Achievement" Award and for his continued commitment and service to our community, Palm Beach County, and the State of Florida through public education efforts, service design enhancement, professional development, and patient advocacy. 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 3~a day of August, 2004. JEFF PERLMAN MAYOR WHEREAS, Jeffi:ey Harkcom, a four year veteran of the Deiray Beach Fire-Rescue Department began his career as a Fire Fighter/Paramedic in June of 2000; and WHEREAS, dusting his career, Paramedic Harkcom has served as a Fire Fighter/Paramedic assigned to various Rescue Units throughout the community as well as the City's Special Operations Team with responsil~dities for responses to unique incidents including Hazardous Materials releases and spills, tactical rescue situations, and dive-rescue c~lls; and WHEREAS, Paramedic Harkcom is an accomplished rescue diver and an active member of the Fire-Rescue Depax'tmenCs award winning Dive-Rescue team; and WHEREAS, Jeff Harkcom had occasion to u6.1ize many of his Dive-Rescue and Emergency Medical skills on March 23, 2004 when he came across an acddent with a person tsapped inside a submerged automol~de in a canal parallel to the Florida State Turnpike just south of the Boynton Beach Boulevard Exit; and WHEREAS, Jeff Harkcom immediately responded to the obvious need of the trapped victim by swimming to the submerged vehicle, aided only by a life line which he provided, and repeatedly dove under the water to enter the vehicle and to ultimately remove the driver who was unable to free himself; and WHEREAS, Jeff Harkcom then swam the victim to a group of waiting citizens who helped the victim to the canal bank, and he then proceeded to immolCdize the victim's neck and spine until a Paramedic Rescue Unit from Palm Beach County Fire Rescue arrived and initiated further treatment and transport; and WHEREAS, the PaLm Beach County Chapter of the Florida Emergency Medical Sen4ces Provider's Association recognized Paramedic Harkcom at their annual meeting for his heroic actions and life-saving, pre-hospital interventions by naming him Palm Beach County "Paramedic of the Year" for 2004. NOW, THEREFORB, I, JEFF PERLMAN, Mayor of the City of Defray Beach, Florida on behalf of the City ComnUSsion, do hereby recognize and commend JEFF HARKCOM PALM BEACH COUNTY "PARAMEDIC OF THE YEAR~' FOR 2004 for his prompt and efficient response to a serious llfe threatening incident which deafly resulted in a life saved and for his dedication and service to the community of Delray Beach and the Fire-Rescue Department IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Dekay Beach, Florida to be affixed this 3~ day of August, 2004. JEFF PERLMAN MAYOR WHEREAS, Oleg Rudenko, a sophomore in the International Baccalaureate Program at Atlantic High School is one of the top high school mathematics students in the Ur&ed States; and WHEREAS, Oleg Rudenko is the first student in the history of The School District of Palm Beach County to qualify for the Mathematical Olympiad Summer Program; and WHEREAS, the Mathematical Olympiad Summer Program is a mathematical program for very promising students who have risen to the top on the American Mathematics Competitions which provides enrichment to stimulate their continuing interest in mathematics and help prepare them for future study of mathematics; and WHEREAS, Oleg Rudenko competed against over 700,000 students to be recognized as one of our country's top 25 high school mathematics students; and WHEREAS, Oleg will be going into his junior year at Atlantic High School having already taken five Advanced Placement (AP) courses and scoring a perfect 5 on the Advanced Placement test in four of the courses. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend OLeG RUDENKO on his outstanding achievements in mathematics and for bringing honor and distinction to Atlantic High School and the City of Delray Beach through his efforts. 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 3d day of August, 2004. JEFF PERLMAN MAYOR WHEREAS, Elizabeth "Betty" May Jameson was a pioneer of women's professional golf; and WHEREAS, Betty Jameson began her career by wirming the Texas Publinx at the age of 13 and the Southern Amateur at age 15; and WHEREAS, in addition to amassing a brilliant amateur golfing record, Betty Jameson won fourteen significant Ladies Professional Golf Assodafion Championships; including the Unites States Open in 1947, marking the first time that a female golfer scored lower than 300 (295) in a par 72 hole tournament; and WHEREAS, Betty Jameson is a founder and Charter Member of the Ladies Professional Golf Association; and WHEREAS, in 1951, Betty Jameson was one of six original inductees into the Ladies Professional Golf Association Hall of Fame; and WHEREAS, Betty Jameson has had a long term relationship with the Delray Beach Golf Club, both as a player and professional instructor; and WHEREAS, it is appropriate that Betty Jameson's contributions be recognized, acclaimed, and permanendy recorded. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim August 14, 2004 and every August 14~ hereafter as BETTY JAMESON DAY in Delray Beach, Florida, and recognize Betty Jameson's many golfing accomplishments and her gifts to the Delray Beach Golf Club IN wrrNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 3fd of August, 2004. JEFF PERLMAN MAYOR WHEREAS, fighting fires is a hazardous profession, requiring physical strength, stamina, extensive training, courage, and selfless concern for the welfare of our citizens; and WHEREAS, members of the International Association of Fire Fighters have become a symbol of national pride, honor, and strength; and WHEREAS, in addition to their daily service to communities, Fire Fighters throughout the state and across the nation unselfishly donate their time and energy to supporting the battle against muscular dystrophy; and WHEREAS, the International Association of Fire Fighters celebrate fffiy years as the preeminent supporter of services and reseamh offered by the Muscular Dystrophy Association; and WHEREAS, Florida Fire Fighters collected over $1,000,000.00 with their 2003 "Fill the Boot" campaign for the Muscular Dystrophy Association, again making them MDA's largest source of funding; and WHEREAS, the Muscular Dystrophy Association is extremely grateful to the City of Delray Beach Fire Fighters for their support and dedication; and WHEREAS, the funds collected by the City of Delray Beach Fire Fighters assist the Muscular Dystrophy Association in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families; and WHEREAS, in honor of the efforts of the City of Delray Beach Fire Fighters, the Muscular Dystrophy Association is sponsoring City of Delray Beach Fire Fighter Appreciation Week. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of August 29, 2004 through September 4, 2004 as CITY OF DELRAY BEACH FIRE FIGHTER APPRECIATION WEEK in Delray Beach, Flodda and commend the City of Deiray Beach Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association. All citizens and employees are encouraged to join the Muscular Dystrophy Association in this tribute to our Fire Fighters. 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 3~d day of August, 2004. JEFF PERLMAN MAYOR M DA a bor Day July 28, 2004 Mr. David Harden City Manager's Office 100 NW 1st Avenue Delray Beach, FL 33444 JUL 2 Dear Mr. Harden: I am writing to request your assistance in recognizing the outstanding accomplishments of the Delray Beach Fire Fighters on behalf of their efforts for the Muscular Dystrophy Association (MDA). The money collected in their 2003 "Fill the Boot" campaign, combined with the totals from fire departments across the State, brought in over $1,000,000. This year celebrates the 50th anniversary of the partnership between the International Association of Fire Fighters (IAFF) and MDA. To show our appreciation to the fire fighters in our community, the Muscular Dystrophy Association is sponsoring Fire Fighter Appreciation Week from August 29th, 2004 to September 4, 2004. I am requesting that Delray Beach proclaim this week, "IAFF Appreciation Week." This courageous group of men and women can be recognized not only for their service to our communities but also for their dedication to area children and adults battling neuromuscular disease. Enclosed you will find a sample proclamation. We would appreciate you presenting the proclamation at a city council meeting. Please advise me of the date and time that a formal presentation can be made. Thank you in advance for your consideration of this request. Sincerely, Dish ;t Director Encl( ~ure CC: Jim Tabeek, Union President Mike McCleary, MDA Coordinator P.S. Don't forget to watch the 2004 Jerry Lewis MDA Labor Day Telethon on WPEC News12 and UPN 34 broadcast from the West Palm Beach Marriott. Check your local listings for times. Muscular Dystrophy Association 3222-D Commerce Place / West Palm Beach, FL 33407 / Phone 561-242-5084 / Fax 561-471-:t514 www. mdausa,org PROCLAMATION INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS WHEREAS, members of the Intemational Association of Fire Fighters serve and protect communities throughout America every day; and WHEREAS, members of the International Association of Fire Fighters have become a symbol of national pride, honor and strength; and WHEREAS, members of the International Association of Fire Fighters unselfishly donate their time and energy to supporting the battle against muscular dystrophy; and WHEREAS, the International Association of Fire Fighters this year celebrates 50 years as the preeminent supporter of services and research offered by the Muscular Dystrophy Association; NOW, THEREFORE, I ~a~- fi-d H°--rden, C;.~g~ of the city of Delray Beach, FL do hereby proclaim ~4ugust 29, 2004- September 4, 2004 as INTERN~I TIONAL ~4SSOCIATION OF FIRE FIGHTERS WEEK In the city of Delray Beach_and do encourage all citizens to recognize and support the valiant fire fighters who serve them. Duly sworn and signed: dub 15,2004 David T. Harden City Manager City of Delray Beach 100 NW 18t Avenue Delray Beach, FL 33444 .JUl. 2 0 ZO0 CiTY'MANAGER RE: Commission Meeting of August 3, 2004 Dear Mr. Harden: Recently the American Legion Post 65 held a fund raising event for the benefit of the paramedics of Delray Beach. We would like to present a check for these funds to the head of the paramedics unit of the fire department at the first Commission Meeting in August. Since the regular monthly meeting of Post 65 is held at 7:00PM on the first Tuesday of the month, we respectfully request that our presentation be placed fn-st on the agenda. We promise to make a short presentation. Please advise if this is possible. I can be reached via telephone at 274-8214. I thank you in advance and hope to hear from your office shortly. Sincerely, rican Legion Post 65 V MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AI~ENDA ITEM # ~J~ - REGULAR MEETING OF AUGUST 3. 2004 RATIFIC~ATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION DATE: JULY 30, 2004 This is before the City Commission to ratify the action taken by the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting on July 15, 2004. By a vote of 7 to 0, the SCR~q'I'D Board approved the following: Operations & Maintenance Reserves Total Authorization to establish wastewater user rote to dties for fiscal year 2004/2005 as follows: $0.685/1,000 Gal $0.180/1.000 ~ $0.865/1,000 Gal · Authorization for acceptance of 2004/2005 wastewater and reclaim Operations Maintenance budgets and wastewater repair and replacement expenditures (sinking fund). Recommend ratification of the action approved by the SCRWTD Board on July 15, 2004. and S:\City Clerk\agenda memos\.SCRWTD Board Action of 07.15.04 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 15, 2004 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 15, 2004, by a vote of 7-0, approve AUTHORIZATION TO ESTABLISH WASTEWATER USER RATE TO CITIES FOR FISCAL YEAR 2004/2005 AS FOLLOWS: 2004/2005 OPERATIONS & MAZNTENANCE $0.685/1,000 GAL $0.180/1,000 GAL TOTAL $0.865/1,000 GAL WHEREAS, said Board action requires ratification by the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratified 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 Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 15, 2004 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 15, 2004, by a vote of 7-0, approve AUTHORIZATION FOR ACCEPTANCE OF 2004/2005 WASTEWA TER AND RECLAIM 0 & M BUDGETS AND WASTEWA TER REPAIR AND REPLACEMENT EXPENDITURES (Sinking Fund). WHEREAS, s=id Board action requ;res ratification by the City of Delray Beach. NOW, THEREFORE, the City of Deiray Beach hereby ratified 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 Mayor Attest: City Clerk Approved as to form: City Attorney AGENDA J (2) a. EXECUTIVE SUMMARY 2004/2005 WASTEWATER kl BUDGET ($370,000 over expenditures) The projected budget for 0 & M for 2004/2005 is $3,999,000~whJch is $248,000 over last year's Budget. This increase is due primarily to adding (1) new electrician and (1) new mechanic thus increasing our staff from (21) to (23) full-time employees. In 1991 the Board employed (31) full-time employees which has been reduced to our present total of (21). We find, however, at this time due to the additional' demands placed on our maintenance staff, additional equipment for reuse, dewatering and odor control, plus the aging of original equipment, that these additional employees are needed to properly maintain our facility. Other major impacts are additional $51,000 for electricity and $74,000 for chemicals. In order to meet our new budget number at minimum flows, we must increase our rate by $0.05/1,000 gal for a total of $0.685/1,000 gal. RECLAIIvl USER. RATES AND PRO]ECl'ED REVENUE ($47,000 over expenditures) The projected Budget for 0 & M for 2004/2005 is $372,000Awhich is $57,000 over last years Budget; primarily due to increased maintenance & anticipation of Delray going on line. User rates established by Agreement were set at 0.20/1,000 gal. for reclaimed water, and 0.08/1,000 for storage. Complete audit of Income vs. expenses will be performed at the end of the Fiscal year to determine if rate increase is required. WASTEWATER RESERVE FOR REPAIR're' REPLACEMENT It is estimated as of 09/30/04 we will have $800,000 in the Wastewater Reserve for Repair & Replacement. We have requested expenditures of $90,000 in this year's budget for various projects. The present rate for Repair & Replacement of $0.18/1,000 gal. will generate $1,051,000 at minimum flows. POTENTIAL CAPITAL PROJECTS It is anticipated that during the next Fiscal Year work will begin on our reuse expansion and the Solid Waste Authority's Pelletization Project. These projects along with (3) other odor containment projects plus current meter at outfall will require $5,950,000 to be divided 50/50 between the two Cities for FY 2004/2005. An addi~io,ai $3,5O%O0O win be required ~ 1/2 from each City for FY 2005/2006. Word\budget\exec sum04 WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2000-2005 DESCRIPTION 2000-2001 2001-2002 2002-2003 ACTUAL ACTUAL ACTUAL 2003-2004 2003-2004 2004~005 BUDGET PRQJECTED BUDGET SUMMARY TOTALS PERSONNEL SERVICES $1,143,982 $1,160,016 $1,202,941 OPERATING EXPENSES: 1,696,650 1,887,011 2,291,090 SERVICES 621,327 774,534 643,584 OPERATIONS/MAINTENANCE 760,768 819,636 1,029,186 CHEMICALS/SUPPLIES 314,555 292,841 618,280 TOTAL PERSONNEL AND OPERATING EXPENSES 2,840,632 3,047,027 $3,493,991 OPERATING CONTINGENCY 0 50,000 50,000 ENGINEERING 22,310 50,416 37,231 TOTAL BUDGET $2~862~942 $3,147,443 $3,581,222 $1,296,000 $1,252,700 $1,441,000 2,371,000 2,269,000 2,413,000 643,000 496,000 550,000 1,187,000 1,179,000 1,242,000 541,000 594,000 621,000 3,667,000 3,521,700 25,000 0 59,000 80,000 $3,751,000 $3~601,700 3,884,000 50,000 95,000 $319991000 PAGE 02 PERSONNEL ACCOUNT 1212 12121 1214 12151 12152 1221 1223 12231 12232 12233 1224 1225 1236 1240 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD DESCRIPTION 2000-2001 ACTUAL REGULAR WAGES $791,950 SICK LEAVE REDUCTIONS 3,083 OVERTrME 53,160 EMPLOYEE ASSIST. PROG. 590 PLANT PERFORMANCE 10,000 SOCIAL SECURITY 68,009 HEALTH INSURANCE 65,690 DENTAL INSURANCE 6,336 DISABILITY INSURANCE 5,584 LIFE INSURANCE 1,040 WORKERS' COMPENSATION 36,171 UNEMPLOYMENT 142 PENSION 101,495 PAYROLL CONTINGENCY 732 TOTAL PERSONNEL SERVICES $1,143,982 2001-2002 2002-2003 2003-2004 ACTUAL ACTUAL BUDGET $791,354 $840,355 $869,000 11,534 8,862 11,000 40,634 41,920 50,000 540 560 1,000 10,300 0 10,000 67,208 70,192 80,000 77,056 81,650 86,000 5,956 6,169 7,000 5,536 5,278 7,000 1,158 1,190 2,000 39,907 36,117 47,000 0 143 1,000 107,900 109,704 124,000 933 801 1,000 $1,160,016 $1,202,941 $1~296,000 2003-2004 2004-20005 PROJECTED BUDGET $860,000 $996,000 14,000 30,000 46,000 47,000 700 1,000 0 0 76,000 87,000 84,000 95,000 7,000 8,000 6,000 7,000 1,000 2,000 35,000 41,000 15,000 1,000 107,000 125,000 1,000 1,000 PAGE 03 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD SERVICES ACCOUNT NO. 3100 3110 3112 3120 3200 3300 3400 3402 3404 3406 3410 3412 3500 2000-2001 DESCRIPTION ACTUAL MEDICAL SERVICES $240 LEGAL (GENERAL & ADMIN) 18,651 LEGAL (TOXICITY) 0 SERVICES (G & A) 4,602 AUDITING 20,414 LAB PERMIT TESTING 0 PRETREATMENT 7,444 TOXICITY TESTING 8,899 CHEMICAL ANALYSIS 10,578 METER CALIBRATION 8,011 SLUDGE HAULING 425,991 GRiT HAULING 74,389 TRASH HAULING 452 SERVICES (O & M) 41,656 TOTAL SERVICES $621,327 2001-2002 2002-2003 2003-2004 2003-2004 2004-20005 ACTUAL ACTUAL BUDGET PROJECTED BUDGET $936 $598 $2,000 $1,000 $2.000 29,164 33,077 29,000 20,000 29,000 0 0 2,000 0 3,000 7~319 5,099 7,000 7,000 10,000 19,861 22,150 22,000 22,000 22,000 40,656 41,329 46,000 46,000 50,000 0 0 0 0 0 282 0 0 0 0 0 0 0 0 0 6,480 7,236 9,000 8,000 8,000 571,264 424,066 400,000 260,000 275,000 57,569 86,383 79,000 85,000 85,000 0 124 2,000 1,000 2,000 41,023 23,522 46,000 46,000 64,000 $774,534 $643,584 $643~000 $496,000 $550,000 PAGE 04 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD QPERATIONS/MAINTENANCE ACCOUNT 2009-2001 NO. DESCRIPTION ACTUAL 4000 VEHICLE EXPENSE $3,017 4020 BOARD CONTINGENCY 3,414 4100 TELEPHONE 11,643 4102 POSTAGE 3,154 4300 ELECTRICITY 519,747 4302 WATER 11,568 4303 IRR. REUSE WATER 7,742 4400 EQUIPMENT RENTAL 959 4500 iNSURANCE 102,719 4600 M & R EQUIPMENT 27,901 4620 M & R VEHICLES 6,741 4630 M & R GROUNDS 4,073 4640 M & R BUILDINGS 5,672 4650 M & R UNSPECIFIED 6,830 4900 ADVERTISING 1,268 4902 LICENSE & PERMITS 16,523 5400 MEMBERSHIP DUES & SUBSCRIF 6,489 5410 TECHNICAL TRAINING 2,320 5420 EDUCATIONAL EXPENSES 563 6400 CAPITAL ASSETS 18,425 TOTAL OPERATIONSIMAINT. $760,768 2001-2002 2002-2003 2003-2004 2003-2004 2004-20005 ACTUAL ACTUAL BUDGET PROJECTED BUDGET $7,095 $8,698 $10,000 $11,000 $11,000 2,856 1,805 5,000 2,000 5,000 14,706 17,938 24,000 21,000 24,000 3,902 3,827 6,000 5,000 5,000 481,965 601,767 689,000 720,000 740,000 13,000 20,699 13,000 21,000 21,000 7,279 0 8,000 9,000 9,000 1,463 726 2,000 0 2,000 184,503 253,930 295,000 230,000 240,000 33,381 29,541 40,000 40,000 50,000 6,452 7,390 12,000 7,000 8,000 4,336 1,876 5,000 7,000 7,000 5,643 6,554 6,000 9,000 10,000 6,331 21,057 20,000 17,000 20,000 1,987 3,912 2,000 4,000 3,000 12,465 14,072 16,000 25,000 17,000 10,522 10,878 11,000 11,000 1%000 7,135 7,261 12,000 7,000 12,000 1,963 2,741 3,000 3,000 3,000 12,652 14,514 8,000 30,000 44,000 $819,636 $1.029,186 $1~187,000 $1,179,000 $1,242,000 PAGE 05 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD CHEMICALS/SUPPLIES ACCOUNT 2000-2001 NO~ DESCRIPTION ACTUAL 5100 OFFICE SUPPLIES $5,116 5201 SAFETY SUPPLIES 2,255 5202 GENERAL OPERATING 15,636 5203 JANITORIAL SUPPLIES 2,272 5204 LABORATORY SUPPLIES 24,286 5210 CHEMICALS 245,630 5220 OIL, FUEL, LUBRICANTS 9,640 5230 CONSTRUCTION MATERIALS 1,288 5249 UNIFORMS 5,401 5250 SMALL TOOLS < $500 2,431 5251 OFFICE EQUIPMENT < $500 300 5252 LAB EQUIPMENT < $500 0 TOTAL CHEMICALS/SUPPMES $314,555 2001-2002 2002-2003 2003-2004 2003-2004 2004-20005 ACTUAL ACTUAL BUDGET PROJECTED BUDGET $4,483 $4,084 $6,000 $6,000 $6,000 3,228 3,126 4,000 5,000 5,000 18,137 22,119 20,000 18,000 20,000 1,644 2,487 2,000 3,000 3,000 5,904 4,639 6,000 6,000 6,000 242,431 550,566 470,000 530,000 544,000 3,618 15,683 15,000 7,000 15,000 2,581 1,648 3,000 3,000 3,000 7,052 7,460 8,000 9,000 11,000 3,763 4,291 4,000 4,000 5,000 0 2,177 2,000 2,000 2,000 $292,841 $618,280 $541,000 $594,000 $621~000 OPERATING EXPENSES ;SUMMARY} SERVICES OPERATIONS/MAINTENANCE CHEMICALS & SUPPLIES TOTAL OPERATING EXPENSES $621,327 $760,768 $314,555 $1,696,650 $774,534 $643,584 $643,000 $496,000 $550,000 $819,636 $1,029,186 $1,187,000 $1,179,000 $1,242,000 $292,841 $618,280 $541,000 $594,000 $621,000 $1~887,011 $2,291,050 $2,371,000 $2,269,000 $2,413r000 PAGE 06 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD PERATIN C NTI ENCY ACCOUNT 4990 DESCRIPTION OPERATING CONTINGENCY TOTALOPERATING CONTINGENCY 2000-2001 2001-2002 2002-2003 2003-2004 2003-2004 2004-20005 ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET $0 $50,000 $0 $50,000 $50,000 $25,000 $0 $50,000 $50,000 $25,000 $0 $50,000 PAGE 07 ENGINEERING 3150 3160 3162 3163 DESCRIPTION GENERAL BIOTOXICITY PRETREATMENT THERMAL SCREENING FACE TOTAL ENGINEERING SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 2000-2001 2001-2002 2002-2003 2003-2004 2003-2004 2004-20005 ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET $20,236 $48,342 $37,231 $51,000 $80~000 $65,000 0 0 0 0 0 0 2,074 2,074 0 5,000 0 5,000 0 0 0 3,000 0 0 0 o o 0 0 25,000 $221310 $501416 $371231 $591000 $80,000 $95r000 GRAND TOTAL BUDGET: $3,999,000 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ANNUAL RECLAIMED BUDGETS: ACTUAL. BUDGETED PROJECTED ACCOUNT NO~ DESCRIPTION 2000-2001 200t -2002 2002-2003 2003-2004 ACTUAL ACTUAL ACTUAL BUDGET R 1212 REGULAR WAGES $85,218 $95,000 $79,050 $95,000 R 31101 LEGAL 2,149 5,000 2,389 5,000 R 31502 ENGINEERING 2,635 3,000 23,690 4,000 R 32001 AUDIT 2,259 4,000 4,000 2,000 R 3402 TESTING 13,800 15,000 16,628 15,000 R 3406 METER CALIBRATION 0 1,000 0 1,000 R 35004 SERVICES (LAWN MAINT) 11,170 15,000 9,550 9,000 R 43000 FUEL FOR VEHICLES 0 0 0 0 R 4300 ELECTRICITY 95,534 96,000 97,544 104,000 R 45001 INSURANCE 17,539 20,000 26,861 30,000 R 46014 M & R EQUIPMENT 6,949 8,000 11,128 8,000 R 4640 M & R BUILDING 76 1,000 107 1,000 R 4902 LICENSES & PERMITS 0 0 0 0 R 5204 SUPPLIES LAB 628 1,000 0 1,000 4 52103 CHEMICALS CHLORINE 37,358 40,000 40,999 40,000 TOTAL BUDGET: $275,31~5 $304,000 __$311,946 $315,000 711612004 9:48 2003-2004 2004-2005 PROJECTED BUDGET $98,000 $130,000 4,000 5,000 6,000 6,000 2,000 4,O00 15,000 20,000 0 1,000 9,000 9,000 0 1,000 115,000 117,000 22,000 25,000 13,000 10,000 1,000 1,000 0 0 0 1,000 40,000 42,000 $325,000 $372,000 AGENDA # J (2) d. REPAIR ~ REPLACEI, IENT FUND 2004/2005 HYDRAULIC POWER PACK - DEWATERING CONVEYOR GRIT CLASSIFIER SCREW & WEIR BAR GRATING CLARIFIER BRIDGES VANTON PUMPS - H2 SCRUBBER UPGRADE & CONVERT SCADA SYSTEM $5,000 5,000 20,000 35,000 25,000 $90,000 EXCE~BUDGE'P,R&R004 AGENDA ~ J (2) e. POTENTIAL CAPITAL PRO]EL-rs 50/50 FROM EACH CITY 2004/2005 BOYNTON DELRAY CURRENT METER OUTFALL RECLAIM EXPANSION (WITHOUT GRANTS) * ($750,000 FROM EACH City FY 2005/2006) SOLID WASTE PELLETIZATION PROJECT (WITHOUT GRANTS) * ($1,000,000 from each City FY 2005/2006) SLUDGE STORAGE BUILDING EXPANSION (3) SCRUBBER CONTROL PANELS ADDITIONAL ODOR STUDY TOTAL: $ 50,000 $1,250,000 $1,500,000 $ 150,000 $ 10,000 $ 15,000 $2,975,000 $ 50,000 $1,250,000 $1,500,000 $ 150,000 $ 10,000 $ 15,000 $2,975,000 Word\budget\cap proj0404 ~EMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~'~ AGENDA ITEM # ~ ~2) - REGULAR MEETING OF AUGUST 3. 2004 FINAL PLAT APPROVAL/BELLA VISTA PLAT DATE: JULY 30, 2004 This is before the City Commission to approve the final boundary plat for Beila Vista. The property consists of eight (8) condominiums and is a replat of Lot 10, Block D, located on the west side of Gleason Street, south of East Atlantic Avenue. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final bounclaty plat for Belh Vista. S:\City Clerk\agenda memo~\Final Plat. Bella Vista.08.03.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: PROJECT: David T. Harden ./~ //~ Randal L. Krejcarek, P.E. 28 July 2004 Bella Vista Plat Commission Approval Please find attached an agenda request for Commission approval of the boundary plat for Bella Vista Plat. This is a re-plat of Lot 10, Block D of John B. Reid's Village, PB 21, Page 95, Palm Beach County Records, situated in Section 16, Township 46, Range 43 East, City of Delray Beach, Palm Beach County, Florida.. The project consists of eight (8) condominiums on the west side of the Gleason Street, south of East Atlantic Avenue. Because this plat is being processed as a minor subdivision, there are no other approvals required. I have also enclosed a location map and a reduced copy of the plat. If this meets with your approval, please place it on the 03 Aug 2004 Commission meeting for approval. enc cc TAC file file: S:\EngAdmin\TAC\Bella Vista (Calypso Bay Townhomes)\plat agenda memo 03-aug-2004.doc Printed: 7/28/2004 N.E. 1ST CONDO VETERANS ' [ PARK ATLANTIC PLAZA '~ ! --~:.~,:,~,~ I I P-r-m-I~l SPANISH ~,~,1 =' / "'*"'~ II I I J I~1RIVERI I I~ ]---~JI I I IIl~lRESORT I I I I~ ATLANTIC WATERWAY EAST COMMERCIAL CONDO BAR ~ARBOUR MIRAMAR DELRA Y MARRIOTT AVENUE STREET DOVER HOUSE CONDO OCEAN PLACE CONDO C~ONUT ROW SEA GA TE TOWERS INGRAHA JARDIN DEL MAR CONDO OCEAN TERR. LANGER WAY ~NDEMERE CONDO STREET LANIKAI VILLAS CONDO ,,% N CITY OF DELRAY BEACH, FL PLANNING ~ ZONING DEPARTMENT BELLA VISTA CONDOMINIUMS (f.k.a. CALYPSO BAY TOWNHOMES) Date: 28 July 2004 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: 03 Aug 2004 Description of Agenda Item (who, what, where, how much): Request for Commission approval of the boundary plat for Bella Vista. Attached is a location map and reduced copy of the plat. The property is a re-plat of Lots 11 and 12, Block D, John B. Reid's Village. PB 21, Page 95, Palm Beach County Records, situated in Section 16, Township 46, Range 43 East, City of Delray Beach, Palm Beach County, Florida. This Boundary Plat is lpcW~d on the west side of Gleason Street, south of East Atlantic Avenue. (~~~. Department Head Signature: \~]~ --~J~-~> City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: ~e~ / No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\TAC\Bella Vista (Calypso Bay Townhomes)\plat agenda 08-aug-2004.doe TO: THRU: FROM: SUBJECT: PAUL DORLING,UDI~T~OR OF P~INING AND ZONING ROBERT G. TEFFT, SENIOR PLANNEI~_~_-?_~.~ MEETING OF AUGUST 3, 2004 **CONSENT AGENDA** ACCEPTANCE OF A RIGHT-OF-WAY DEED AND ACCESS EASEMENT AGREEMENT ASSOCIATED WITH 329 PINEAPPLE GROVE WAY The action requested of the City Commission is acceptance of a Right-of-Way Deed and Access Easement Agreement associated with 329 Pineapple Grove Way, located on the east side of Pineapple Grove Way (NE 2® Avenue), between NE 3rd Street and NE 4th Street, within the Pineapple Grove Main Street Area. At its meeting of October 22, 2003, the Site Plan Review and Appearance Board (SPRAB) approved a waiver, Class V site plan and landscape plan associated with the 329 Pineapple Grove Way development proposal. The project consists of the demolition of the existing duplex structures and commercial building on the subject property as well as their respective parking areas; the construction of a two-story mixed-use building with 4,621 square feet of retail floor area on the ground floor and four (4) residential dwelling units on the second floor; and the construction of a 23 space parking lot to the rear (east) of the property with access from both Pineapple Grove Way and the adjoining alley including four (4) parallel parking spaces immediately adjacent the alley. The associated architectural elevations were tabled by the Board and were later approved at the meeting of November 19, 2003. The conditions of approval for the 329 Pineapple Grove Way development included the recording of a Right-of-Way Deed dedicating two feet (2') of right-of-way for the alley adjacent to the property, and the recording of an Access Easement Agreement dedicating cross access to the property to the south. The currently dedicated alley right-of-way is 16' with a paved width of approximately 13.5'. As the development proposal is not only taking access from the alley, but providing parallel parking spaces off the alley, the City Engineer has made a determination that the width of the alley should be expanded to a width of 20'. Therefore, a dedication of two feet (2') from the subject property is required. It is noted that the full width of the alley (following dedication) will need to be paved and was also attached as a condition of site plan approval. At its meeting of September 19, 2003, the Downtown Development Authority (DDA) recommended approval of the development proposal subject to cross access being provided for the adjacent property to the south for joint utilization of the proposed drive aisle. The City Attorney has reviewed both the Right- of-Way Deed and the Access Easement Agreement for legal sufficiency and form, and has determined them to be acceptable. By motion, accept the Right-of-Way Deed and Access Easement Agreement associated with 329 Pineapple Grove Way. Attachments; Location Map, Site Plan, Right-of-Way Deed, and Access Easement Agreement Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 RIGHT-OF-WAY DEED THIS INDENTURE made this I~;~ day of :3;~)t , 200~ between ~,*~'t.~ ~.~,~,..~ : ~..~ Le~ ,witham~lingad~essof ~5 ~.~ ~v g~.~ ~ ~ ~q , as p~y of the first p~ ~d CITY OF DEL~Y BEACh, FLO~DA, a Florida 'municipal co~oration with a mailing Mdress of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as p~y of~e second p~. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, sidewalk and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is R,... C,--,VED JUL 1 unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, fight, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. WITNESSES: (Name printed or typed) (Name~rinted or typed) STATE OF Fzt~t I~o~- PARTY OF THE FIRST PART (Name printed or typed) (Address) COUNTY OF The foregoing instrument was acknowledged before me this Jt~ day of ,_)'--D[j~ , 200~_, by _~"~t~ ~'~x~ L~'-~~ , as O~r (name~'f officer or agent, title of officer or agent), of ~ ~ C~>~,,,v (name of corporation acknowledging), a Iml~,.~ds)~-'~ate or place of ~ncorporatlon) corporation, on behalf of the corporation. He/~ i~own to me or has produced (type of identification as iden~ation. ~re of Person Taking Acknowledgment ffyped, Printed or Stamped 2 EXHIBIT A {~ -,',~VEOALL~'] 2'--0" DEDICATED TO CITY OF DELRAY BEACH { [ It ~ ..... ----------- --- --- ....... ~ f ~ I ,-~----< i .... - .... ,-- :3 ..... ~ ~:, ,- ,-, I i i C T_ ~lst FLOORJSITE PLAN: sc~.~ ~/~2" = ~'-o" Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 ACCESS EASEMENT AGREEMENT THIS AGREEMENT, made this (~4~ day of 3-~,~ , 200~t, by and between l'[e I>$cl5~ Co.,,¢^.~,/ , ~k g~o~ Le~ , with a mailing ("OWNER"), ~d the CITY OF DEL~Y BEACH, wi~ a ~ailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a m~icipal co~oration in Pa~ Beach Coumy, State of Florida, ("CITY"): NOW THEREFORE, in consideration of $10.00 and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. OWNER hereby grants to CITY a non-exclusive easement for ingress and egress to enter upon, across, over and under the property described in Exhibit "A", attached hereto, ("the Property") for the purpose of public pedestrian and vehicular access. 2. The parties agree that this Access Easement Agreement shall be recorded in the Public Records of Palm Beach County, Florida. The access easement granted herein shall not be transferred, assigned, sold or otherwise conveyed except in conjunction with the transfer or sale of the property described in Exhibit "B". At such time as the access easement granted herein is no longer required by the City, the easement may be released of record by a written document executed by an authorized signatory of the City of Delray Beach, Florida. 3. The parties hereby agree that the OWNER shall be responsible for the maintenance, replacement and repair of the property encompassed with the grant of the easement contained herein. 4. For the payment of additional consideration of Ten Dollars ($10.00), receipt of which is hereby acknowledged, OWNER shall, and hereby agree to indemnify and hold the CITY harmless from and against any and all judgments, damages, claims, demands, losses, liabilities and other costs and expenses, including reasonable attorney's fees incurred in the defense thereof, that may be incurred by reason of any loss, damage or injury to any person or property resulting directly or indirectly by reason of the use of the Property. c VED JUL 1 6 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. Print Name:, OWNER Print Name: O~u k ~'oon lee STATE OF FLORIDA COUNTY OF PALM BEACH ..The foregoing instmment was acknowledged before me th_is ,/~ day of QJ'~'-~2x/ , 200.~r~by 'F~o~ 5'a.~d Le-'~' who i p~~own to me or produced [//, ~ as identification. ~..*"~'~ ~.~e~r~ ~i:- stata o* ~ ~itmature of Notary Public - ~qtate l~g Comml~s:¢m ~1 oe142180 ~Flofida ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk By: JeffPerlman, Mayor Approved as to Form: City Attomey 2 EXHIBIT A EX/STING PAVED ALLEY~ DRIVE WAY I ; I I l I l I l BENCH 7 MARK: TOP OF ~lst FLOOR/SITE PL~I: EXHIBIT B DESCRIPTION~~ LOTS 6~ 7, AND 8, SUBDII/ISION OF BLOCK 81~ ACCORDIN6 TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK i1, PA6E 32 OF THE PUBLIC RECORDS OF PALk~ BEACH COUNTY~ FLORIDA~ [IT¥ I)F I)ELRI:IqF BEIigH CITY ATTORNEY'S OFFICE ~oo $~., ^w~. ~^~ .~^c., ~o~,~^ .~44 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DATE: July 23, 2004 Wdter's Direct Line: 561/243-7091 MEMORANDUM TO: FROM: City Commission David Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Disaster Recovery Contracts The attached agreements are for disaster recovery services (clean up of debri after the storm or other disaster). The Solid Waste Authority of Palm Beach County has executed agreements with all three of these vendors. The attached agreements "piggyback" off of the Palm Beach County agreements. The agreements provide that in the event of a disaster the City may require one or all of the vendors to respond and aid the City in the recovery effort. Each vendor shall charge the amount stipulated in the contract and shall be required to respond within the time provided for in the contract. Our office requests that these agreements be placed on the August 3, 2004 City Commission agenda. Please call if you have any questions. Attachments CC: Chevelle Nubin, Acting City Clerk Bob Barcinski, Asst. City Manager Jim Schmitz, Building Maint. Supt. Joe Safford, Finance Director Richard Hasko, Environmental Services Director J) CITY OF DELRI:iY BEACH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH July 12, 2004 Phillips & Jordan Attn: Mr. Ben Turner 8940 Gall Blvd. Zephyrhills, FL 33541 WRITER'S DIRECT LINE: 561/243-7091 Re: Agreement for Disaster Recovery Services Dear Mr. Turner: Pursuant to our phone conversation, I have attached an agreement between your company and the City of Delray Beach. This agreement is very similar to the agreement that you executed with the City of West Palm Beach. If you have any questions concerning this agreement please give me a call, otherwise please execute this agreement and return an original to me so that I may place it before our City Commission. Sincerely, OFFICE OF THE CITY ATTORNEY CITY OF DELIa, AY BEACH, FLORIDA By: (~ t~-~,'-~,,.~ . R, Bdan Shutt, Esq. Assistant City Attorney ClTY ATI'ORNE¥ CONTRACT FOR DISASTER RECOVERY SERVICES THIS CONTRACT made and entered into this __ day of ,2004, by and between the CITY OF DELRAY BEACH, a municipal corporation, hereinafter referred to as "CITY" and PHILLIPS AND JORDAN, INC., a North Carolina corporation, hereinafter referred to a "CONTRACTOR", with a principal address of 6621 Wilbanks Road, Knoxville, TN 37912. WHEREAS, the CITY lies on the east coast of the State of Florida and, as such, may experience massive destruction wrought by the impact of a hurricane landfall, violent storms spawning tornadoes as well as other natural and/or manmade disasters ("Event"); and WHEREAS, it is foreseen that it may be necessary to provide for debris removal and disaster recovery technical assistance to appointed and elected officials within the CITY, resulting from these Events; and WHEREAS, the CONTRACTOR has entered into a certain contract with the Solid Waste Authority of Palm Beach County ("SWA") for Hurricane/Disaster Debris Removal, Reduction and Disposal, Contract No. 01-252, dated June 14, 2001 (the "SWA Contract"), and WHEREAS, the SWA Contract describes in detail the nature and extent of the disaster debris removal and disposal services (collectively, the "Services"); WHEREAS, the SWA Contract was competitively bid and provide for the pdcing of the Services in accordance with specific unit pdces (the "SWA Unit Prices"); WHEREAS, the CITY'S Code of Ordinances authorizes the use of other Florida government contracts as an acceptable method of procurement of competitively bid prices; and WHEREAS; the CITY wishes to engage the CONTRACTOR to provide the Services in accordance with the SWA Contracts Unit Prices; and WHEREAS, the CONSULTANT has agreed to perform the Services for the CITY in accordance with the terms and conditions of this Contract, Exhibits hereto and the SWA Contract (collectively, the "Contract Documents"), including the specific SWA Unit Pdces set forth therein for the Services; NOW THEREFORE, in consideration of payment of One Dollar, receipt and sufficiency of which is hereby acknowledged, along with the promises and mutual covenants and obligations herein contained, and subject to the terms and conditions herein stated, the parties hereto understand and agree as follows: 1. Scope of Services. CONTRACTOR shall, on a non-exclusive basis, provide all the materials, equipment, and labor necessary to remove and lawfully dispose of disaster-generated debris from public property and public right-of-ways, and to setup and operate debris management sites in the CITY immediately after a hurricane or other emergency. CONTRACTOR shall not solicit work from pdvate citizens or others once a Mobilization Notice is received. Under no cimumstance will the CONTRACTOR mix debris hauled for others with debris hauled under this Contract. CONTRACTOR recognizes that the CITY may enter into additional contracts with other contractors for debris removal service to ensure full coverage in the event of an emergency. The CITY will determine the number of and which contracts are activated based on the magnitude and complexity of the CITY's post disaster needs. 1.1. Mobilization. The CONTRACTOR shall commence mobilization immediately upon receipt of a Mobilization Notice from the CITY defining the job to be accomplished, job location and other job information. CONTRACTOR shall commence mobilization immediately upon receipt of the Mobilization Notice to Proceed in the progress patterns set forth in Exhibit "A" attached hereto. This represents a minimum response schedule and does, not restrict an earlier response. 1.2. Work Hours. The CONTRACTOR is authorized to work during daylight hours up to 10 hours per day, 7 days per week. Any deviation from this schedule will require CITY approval. 1.3. Debris Removal. The debds removal services provided hereunder shall consist of clean up, demolition, removal, and disposal of all disaster-generated mixed debris (except hazardous wastes), as directed by the designated representative of the CITY, including but not limited to road clearance, debds removal from public rights-of-way, debris removal from other publicly owned property and private property and demolition of structures. The services shall also include the loading, hauling and dumping of the debris to designated debris management sites or approved SWA construction & demolition (C&D) debris management site or authorized landfills. Such Services shall be performed in accordance with the Palm Beach County Hurricane Clean Up Emergency Guidelines, attached hereto and incorporated herein, as Exhibit "B". 1. The CONTRACTOR shall clear roads by cutting, tossing and/or pushing of debris from the primary transportation routes as identified by and directed by the CITY. 2. The CONTRACTOR will remove debris from along public rights-of-way by making multiple, scheduled passes of each site, location, right-of-way or area impacted by the disaster, according to the Mobilization Notice. The number and schedule of passes shall be directed by the CITY's IL iJ pdmary contact for this Contract. All debris type for the designated pass (vegetation or C&D) within or at the right-of-way at the time of the pass shall be picked-up at that pass before moving along the route. 3. Clean woody debds shall be hauled to the nearest approved SWA vegetative DM site. 4. The CITY will be responsible for all tipping fees at authorized landfills and debris management sites, in accordance with all applicable Federal, State and local laws, standards and regulations. 5. CONTRACTOR will use only debds management sites or landfills authorized by the SWA. 6. CITY may request CONTRACTOR to set up a local temporary collection site for household hazardous waste. CONTRACTOR may be asked to participate in site selection and management of the site. 7. CONTRACTOR shall ensure that each load is adequately secured and trimmed so that no debris extends horizontally beyond the bed of the equipment in any direction. All loose debds shall be reasonable compacted. Tarps or other coverings shall be provided by the CONTRACTOR to prevent materials from blowing or falling from the bed. 8. Vegetative debris shall be sawed to 6-foot pieces by CONTRACTOR and such loads compacted within each truck to ensure maximum capacity. 9. The CONTRACTOR may expect to encounter white goods available for disposal. White goods will constitute household appliances as defined in the Florida Administrative Code. The CONTRACTOR shall dispose of all white goods encountered in accordance with applicable Federal, State and local laws. 1.4. Equipment, Materials and Labor. 1. The CONTRACTOR shall provide all equipment, materials, operators and laborers for debris removal operations and maintenance of all necessary equipment, including fuel, grease and repairs of all necessary equipment. CONTRACTOR shall also provide its laborers all protective clothing (including hard hats and steel-toed boots), hand tools, transportation and supervision necessary to perform under this Contract. Safety of the CONTRACTOR's personnel and equipment is the responsibility of the CONTRACTOR. 2. All trucks and equipment must be in compliance with all applicable federal, state and local rules and regulations. Trucks used to haul debris must be capable of rapidly dumping their load without the assistance of other equipment, be equipped with a tailgate that will effectively contain the debds dudng transport and shall permit the trucks to be filled to capacity. Cyclone fence may be used as temporary tailgates if they comply with the following specifications: - Fencing must be permanently attached to one side of the truck. - After loading, the fencing must be tied to the other side of the truck bed at two places with heavy gauge wire. - Fencing must extend to the bottom of the truck bed. - After loading bottom of fencing shall be tight against the bed of the truck and secured at a minimum of two locations. - Solid iron metal bars must be secured to both sides of the fencing. 3. CONTRACTOR shall submit to the CITY certification indicating the type of vehicle, make and model, license plate number, equipment number and measured maximum volume, in cubic yards, of the load bed of each piece of equipment utilized to haul debris. Maximum volumes shall be calculated from actual internal physical measurement and, if over 0.4 CY, may be rounded up to the nearest cubic yard. The CITY may independently verify capacity and mark the outside of such equipment with the vedfied equipment capacity. 4. The CONTRACTOR shall affix to each piece of equipment, signs or markings indicating the Owner Operator's name, unique equipment identification number, and, if applicable, the cubic yard capacity of the load bed. Signs shall be maintained in an easily readable manner for the duration of the work. 1.5. Permits and Regulations. Permits and licenses of a temporary nature necessary for the provision of the Services shall be secured and paid for by the CONTRACTOR unless otherwise stated in this Contract. The CONTRACTOR shall not be held responsible to secure permits and/or licenses, the requirements for which have or will be waived due to a State or local declaration of an emergency or disaster. CITY will assist CONTRACTOR in obtaining permits and licenses, to the extent reasonably possible, but such assistance will not reduce CONTRACTOR's obligations to obtain same. 1.6. Supervision; Operations Manager. 1. The CONTRACTOR will supervise and direct all services. The CONTRACTOR is solely responsible for the means, methods, techniques, sequences, safety program and procedures. CONTRACTOR will employ and maintain on each work site qualified supervisor(s). 2. CONTRACTOR will employ and assign an "Operations Manager" who shall have full authority to act on behalf of the CONTRACTOR and all 4 communications given to the supervisor by the CITY's Authorized Representative shall be binding as if given to the CONTRACTOR. After issuance of a Mobilization Notice, CONTRACTOR will advise the CITY of the name and contact information for the Operations Manager. The Operation's Manager shall be on call 24-hours per day, seven days per week, and shall have be available by cell phone. This position will not require a constant presence, but the Operations Manager must be physically capable of responding to the CITY's Authorized Representative within 30 minutes of notification. 1.7. Changes in Services. The CITY may order changes within the scope of Services without invalidating this Contract. All changes affecting the project's costs or modifications of the terms, conditions, and the scope of Services of this Contract shall be authorized by means of a written Contract Change Order signed by both the CITY and the CONTRACTOR, before CONTRACTOR may proceed with any changes to the Services. 2. City's Obliaations. 2.1. The CITY shall furnish all information and documents necessary for the commencement of work, including valid written Mobilization Notices. 2.2. The CITY shall designate David Harden, City Manager as its Authorized Representative under this Contract. He shall have authority to transmit instructions, receive information, Interpret and define CITY's policies and decision with respect to CONTRACTOR's services under this Contract. CITY may change its designated contact person by written notice to CONTRACTOR. Contact: David Harden phone no.: (561) 243-7010 2.3. The CITY shall provide inspectors for the monitoring of debris operations. 2.4. The CITY wilt assist CONTRACTOR in obtaining permits and licenses, to the extent reasonably possible, but such assistance will not reduce CONTRACTOR's obligations to obtain same. 3. Term of Contract. 3.1. Term. The term of this Contract shall commence on the date of, execution by the CITY, and shall expire on June 13, 2007. 3.2. Commencement. CONTRACTOR'S provision of Services under this Contract shall commence upon receipt from the CITY of a Mobilization Notice and shall terminate when directed by the CITY. 4. Payment. 4.1. Unit Prices. 1. CONTRACTOR shall bill for work performed at the SWA Unit Prices, attached as Exhibit "C" to this Contract. 2. Payment for debris removal and hauling will be based on the quantity of debris hauled in cubic yards or yard/miles depending on where the debris is taken. Debris hauled to a debris management site will be estimated in cubic yards by either a CITY representative or SWA at a debris management site, and recorded on a load ticket form, as distributed by the CITY or SWA. Debris hauled to a permanent landfill will be paid based on yard-miles recorded on an approved load ticket. One copy of each load ticket will be delivered to the CITY daily. 4.2. Invoices. CONTRACTOR may invoice the CITY not more than once every fifteen (15) days. Each invoice shall specify the period covered by the invoice and provide detail of the work performed, including verification of each cubic yardage load ticket and daily summary sheet indicating the verified load receipt and invoiced amount. Each invoice shall be signed by the CONTRACTOR and be supported by such data as the CITY may reasonably require. Payment will be made against CONTRACTOR's invoice after verification of accuracy of invoice based on load tickets. 4.3. Disputed Charges. Disputed charges, identified by load ticket or otherwise, shall be returned to the CONTRACTOR for additional supporting documentation of clarification prior to payment. CITY will promptly pay the undisputed portion of any invoice as provided herein. 4.4. Inspections. The CITY and the CONTRACTOR shall have inspectors/ supervisors in the field with each work crew to monitor, record, and sign time sheets for the actual times worked for each piece of equipment and crew member present at a particular work site and sign load tickets. These signed records shall be the basis for the CONTRACTOR's invoice to the CITY and copies of these records shall be submitted with the respective invoice. 4.5. Rate Increases. Upon each anniversary date of this contract, the fees/unit prices may be adjusted upward, based on the Consumer Price Index All Urban Consumers All items. At no time shall the fees under this Contract differ from adjusted SWA Unit Prices during the term of the SWA Contract. 5. Performance. 5.1 Bonds. The CONTRACTOR shall provide to the City, on forms fumished by the City, a Performance Bond and a Labor and Material Payment Bond ("Bond") each in an amount not less than $500,000 upon receipt of a Mobilization Notice. The Bond shall incorporate by reference the terms of the Contract Documents in its entirety. Except as otherwise agreed to in writing, the Contractor's Surety waives all rights against the City 6 and any of its agents and employees, for damages or other causes of loss by Contractor's Surety performance of its obligations under the performance bond, including claims by Contractor's Surety against the City for costs it asserts were not warranted by these Contract Documents and excluding only such dghts as they have to proceeds of such insurance held by the City as fiduciary. This waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the bond premium directly or indirectly, and whether or not the person or entity had an insurable or suretyship interest in the property allegedly damaged. 6. General Terms and Conditions. 6.1. Insurance and Indemnification. 1. Within twenty (20) days of execution of this Contract, CONTRACTOR shall obtain and provide to the CITY evidence that it has obtained all insurance required under this Contract. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. CONTRACTOR shall furnish Certificates of Insurance to the CITY which cleady indicate that the CONTRACTOR has obtained insurance of the type, amount and classification as required for stdct compliance with this paragraph and that no matedal change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the CITY. New certificates of insurance are to be provided to the CITY at least fifteen (15) days prior to coverage renewals. Receipt of Certificates or other documentation of insurance or policies or copies of policies by the CITY or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of CONTRACTOR's obligation to fulfill the insurance requirements herein. 2. CONTRACTOR shall maintain during the term of this Contract the following insurance policies wdtten by an insurance company authorized to do business in Flodda: a) Comprehensive General Liability insurance with bodily injury limits of not less than $1,000,000 for each occurrence and with property damage limits of not less than $1,000,000 each occurrence, including Contractor's Protective Coverage for any subcontractor operations. b) Automobile Liability insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not-less than $1,000,000 each accident. c) Worker's Compensation insurance in accordance with statutory requirements. 3. CONTRACTOR shall name the CITY as an Additional Insured under its comprehensive general and automobile liability insurance. 4. CONTRACTOR shall be entirely responsible for secudng Certificates of insurance coverage as set forth above from all subcontractors who are engaged in CITY work. 5. The CONTRACTOR hereby agrees to indemnify, defend and hold harmless the CITY and its employees, agents and authorized representatives with respect to any and all costs, claims, damages and liability which may arise out of the performance of this Contract as a result of any negligent acts, errors or omissions or willful misconduct of the CONTRACTOR or CONTRACTOR's subcontractors, or any other person or entity under the director or control of the CONTRACTOR. CONTRACTOR shall pay all claims and losses arising out of CONTRACTOR's negligent acts, errors, or omissions or of its willful misconduct and shall defend all suits, in the name of the CITY, its employees, agent and authorized representatives when applicable, including appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. 6.2. Sub-Contracting. 1. The CONTRACTOR shall be fully responsible to CITY for the acts and omissions for its subcontractors and of persons directly or indirectly employed by them, as the CONTRACTOR is for the acts and omissions of persons employed by it. 2. The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts giving the CONTRACTOR the same powers regarding terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provisions of this Contract. Nothing contained in this Contract shall create any contractual relationship between any subcontractor and the CITY. The CONTRACTOR shall supply the names and addresses of subcontractors and materials suppliers when requested to do so by the CITY upon issuance of a Notice to Proceed and shall update same on a biweekly basis after issuance of a Notice to Proceed. 3. The CONTRACTOR shall not use a subcontractor or material supplier to whom the CITY reasonably objects, and shall make all reasonable attempts to subcontract with local firms currently doing business within the CITY and/or Palm Beach County, Florida. All subcontractors will operate in strict accord with local, state, and federal laws governing the type of work to be performed. 6.3. Independent Contractor. The CONTRACTOR and any subcontractors are, and shall be, in the performance of all Services under this Contract, independent contractor(s) and not employees, agents or servants of the CITY. All persons engaged in any of the Services performed hereunder shall; at all times and in all places, be subject to CONTRACTORS sole direction, supervision and control. CONTRACTOR shall exercise control over the means and manner in-which its employees perform the Services. 6.4. Taxes. The CONTRACTOR agrees and understands that it shall not. be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the City, nor is the CONTRACTOR authorized to use the CITY's tax exemption number in securing such materials. The CONTRACTOR shall be responsible for payment of its own and its share of its employees' payroll taxes and benefits with respect hereof. 6.5. Public Records Law. The Contractor shall 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 Contractor in conjunction with this Contract. Failure by the Contractor to grant such public access shall be grounds for immediate unilateral cancellation of this Contract by the City. 6.6. Nondiscrimination. The CONTRACTOR warrants and represents that all of its employees, applicants for employment and subcontractors are treated equally without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status or sexual orientation. 6.7. Drug Free Workplace. The CONTRACTOR acknowledges that the CITY is a Drug Free Workplace. It is unlawful to manufacture, distribute, dispense and/or have possession, or use of a controlled substance in the workplace. The CONTRACTOR shall make a good faith effort to maintain a drug free workplace in providing services under this Contract. CONTRACTOR shall execute and deliver a Drug Free Workplace Form certification with the execution of this Contract. 6.8. Authority to Conduct Business. CONTRACTOR hereby represents that it has and will continue to maintain all State and local licenses and approval required to conduct its business and will abide by all laws regarding same. CONTRACTOR will at all times conduct its business in a reputable manner. Proof of licenses or permits shall be submitted to the CITY upon execution of the Contract. 6.9. No Lien. The CONTRACTOR shall not at any time suffer or permit any lien, attachment, or any other encumbrance under the laws of the State of Florida, or otherwise, by any person or persons whomsoever to be filed or recorded against the CITY against any money due or to become due for any work done or materials furnished under this Contract by CONTRACTOR. 6.10. Waiver. No waiver of a breach of any provision of this Contract shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 6.11. Remedies. No remedy herein is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No exemise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. In any legal action brought to enforce this Contract both parties shall bear their own attomey's fees and costs. 6.12. Termination. Either party may terminate this Contract upon 90 days written notice to the other party. 6.13. Pledge. The CONTRACTOR shall not pledge the CITY's credit or make it a guarantor of payment of surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 6.14. Severability. Should any provisions, paragraphs, sentences, words or phrases contained in this Contract be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, and to the extent they cannot be so modified, then same shall be deemed severable, and in either event, the remaining terms and provisions in this Contract shall remain unmodified and in full force and effect. 6.15. Modification. There may be no modification of this Contract, except in a writing. 6.16. Assignment. Neither party shall assign this Contract or any interest herein, or delegate any of its duties hereunder. 6.17. Governing Law/Jurisdiction/Enforcement. This Contract shall be construed and enforced according to the laws of the State of Florida. The parties hereto agree that the state or federal courts located in the State of Florida shall have the exclusive jurisdiction over the parties and the subject matter of any litigation between the parties arising hereunder. For purposes of state court action, venue shall lie in Palm Beach County, Florida, and for purposes of federal court action, venue shall lie in the Southern District of Florida. 6.18. Notice. All notices required in this Contract shall be faxed, if possible, or hand delivered to: City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, FL 33~'!,~ Fax 561-243-7199 CONTRACTOR: Phillips and Jordan, Inc. 8940 Gall Boulevard l0 Zephyrhills, FL 33541 6.19. Audits. CONTRACTOR may be subject to audit by federal, state and local agencies pursuant to this Contract. CONTRACTOR shall maintain adequate records to justify all charges, expenses and costs incurred in performing the services hereunder for at least three (3) years from the date of final payment of this Contract. CITY shall have access to such books, records, and documents for the purpose of inspection or audit during normal business hours at CONTRACTOR's place of business. 6.20. Entire Agreement. This Contract and Exhibits referred to herein, contain the entire agreement of the parties, and there ara no other binding promises or conditions in any other agreement whether oral or written. None of the provisions contained herein may be modified or added to except by written instrument executed by both parties and properly authorized by the CITY. The CITY and CONTRACTOR each bind itself and its successors and assigns to this Contract This Contract may not be assigned without the written consent of the other party hereto. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CITY. IN WITNESS THEREOF, the parties hereto have made and executed this Contract and have hereunto signed in their names by their duly authorized representatives on the date above written. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above wdtten. ATTEST: CITY OF DELRAY BEACH By: By: City Clerk , Mayor Approved as to Form: By: City Attomey WITNESSES: (Name Printed or Typed) PHI~. ]! EXHIBIT "A" Mobtlizstion Schedule CObl t tlA. CTOR. shall commc~c~ mobillzation or' cquipmcflt, Ol~atora, mid ~ imm~lY upon rcceipt of a Mobil/zal/on Task Order to mcct the proEt~ss patten~ set below. Wiftdn 14 da~ 4O% ~ 8O% 4O*,4 100% 75% 100% 20~ 15% 35% 15% 50% 45% 70~ 60% 100% 90% 100% EXHIBIT "B" Debris Management P~n PALM BEACH COUNTY HURRICANE CLEAN UP EMERGENCY GUIDELINES Enclosure 9 Palm Beach County Del:~s Management Plan Construction and Demolition Debris Management Site. Operational Guidelines When local govemments are preparing temporary facilities for handling debris resulting from the cleanup efforts due to hurricane damage, the following guidelines should be considem<l when establishihg Debris Management Sites'(DM sites)for Construction & Demolition (C&D) debris. These guidelines apply only to sites for staging/transferring C&D storm debris (roof shingles/roofing materials, carpet, insulation, wallboard, treated and painted lumber, etc.). Arrangements should be made te screen out unsuitable materials, such aa household garbage, white goods, asbestos co.[a;ning materials (ACMe), and household hazardous waste. Debris Management Sites 'Locating DM sites for stagin{i/transferring C&D waste can be accomplished by evaluating potential sites and by revisit sites used in the past to see if site conditions have changed or if the surrounding areas have changed significantly to alter the use of the site. The following guidelines are presented In locating a site for ,staging/transferring" and are considered "minimum standards" for selecting a site for use: 1.. Sites should be located Outside of iden'dflable or known .~oodplain and flood prone areas; consult the Flood Insurance Rate Map for the location in your county to verify these areas. Due to heaw rains associated with hurricanes and saturated condil~ns that result, flooding may occur more frequently than normally expected. 2. Hauler unloading areas for incoming C&D debris material should be at a minimum 10(} feet from all surPace waters of the state. "Waters 0fthe state" includes but is not limited to small creeks, streams, watercourses, ditches that maintain seasonal groundwater levels, ponds, waflands, etc. 3. Storage areas for incoming C&D debris shall be at least t00 feet from the site property boundaries, on-site buildings/structures, and septic tanks with leach fields or at least 250 feet from off-site residential dwellings, commercial or public structures,' and potable w~. ter supply wells, whichever is greater. 4. Materials separated f~om incoming C&D debris (whit® goods, scrap metal, etc.) shall be at least 50 feet from site property lines. Other non-transferable C&D wastes (household garbage, larger containers of liquid, household hazardous waste shall be = ~" placed il¥containers and transported to the appropriate facilities,as soon as possible. 46 5. Sites that have identified wetlands should'be avolded,.if possible. If wetlands exist or wetland features appear at a potential sites the areas should be flagged and a 100- foot buffer shall be maintained for all activities on-going at the site. 6. Sites bisected by overhead power transmission lines n.e~l careful consideration due to large dump body trucks/trallere used to haul debris, and underground utilities need to be identified due to the' potential for site disturbance by truck/equipment traffic and possible site grading. 7. Sites shall have an attendant(s) during operating hours to minimize the acceptance of unapproved materials and to provide directions to haulers and private citizens bringing in debris. 8. Sites should be secure after operating hours to prevent unauthorized access to the site. Temporary measures fo limit a<:cess to the site could be the use of trucks or equipment to block'entry. Gates, cables, or swing pipes should be Installed as soon as possible for ~ermanent access control, if a site is to be used longer than two weeks. '9. When POssible, signs should be installed to inform.haulers andthe'.general public on - types of waste accepted, hours of operation, and who to ~:~tact in case of alter hours emergency. 10.Flnal written approval is required from the SWA EMC fo consider any debris management site to be closed. Closure of processing/recycling sites shall be within one (1) year of receiving waste. If site operations will be necessary beyond this time frame, permitting of the site by the Solid Waste Section may be required. If conditions at the site become injurious to public health and the environment, then the site shall be closed until conditions are' corrected or permanently closed. Closure of sites shall be in a<~cordance w'~h the closure and restoration of temporary debds management sites guidelines. 4? Pa~ Beach County Debris Management PIsn Establishing Debris Management Sites for Burning and Grinding Operations General When preparing temporary facilities for handling debris resulting from the clean up efforts due to hurricane damage, the following guidelines should be considered when establishing Debris Management Sites (DM sites) for Burning and Grit~di~g Operations. These guidelines apply only to sites for gdnding or burning vegetative storm debris (yard waste, trees, limbs, stumps, branches, and untreated or unpainted wood). Arrangements should be made to screen out unSUitable materials. The two method (s) of managing vegetative and land cieadng storm debts is "chipping/grinding" for use. in landscape mulch, 'compost preparation, and ir~lus~al · boiler fuel or using an "air curtain burner (ACB)", with the resulting ash being land applied as a liming agent or incorporated into a finished compost product as Chipping and Grinding DM sites Locating DM sites for chipping/grinding of vegetative and land clearing debris will .[equim .a detailed evaluation of potential sites and possible revisits et future dates to See if site COnditions have changed or if' the surrounding areas have changed significantly to alter the use of the site. ~' The following guidermes are presented in Iocsting a site for 'chipping/grinding' and are considered "minimum standards" for selecting a site for use: 1. Sites should be 'located outside of identirmble or known floodplain and flood prone areas; consult the Flood Insurance Rate Map for the location in your county to verify these areas. Due to heavy rains associated with hurricanes and saturated conditions that result, flooding may occur more frequently than normally expected. 2. Storage areas for incoming debris and processed material should be at a minimum 100 feet from all sun<ace waters of the state. "Waters of the state" includes but is not limited to small creeks, streams, watercourses, ditches that maintain seasonal greundwater levels, ponds; wetlands, etc. 3. Storage areas for incomi'ng debris and processed material shall be at least 100 fe~ from the site property boundaries and on-site buildings/structures. Management of proc~..ssed material shall be in accordance with the guidelines for reducing the potential for spont~e°us comlSrastion in compost/mulch piles. · ..... 48 Se Palm Beach County Debris Management Plan Storage areas for incoming debris shall be located at least.lOrJ feet from r~sldential dwellings, commercial or public structures, .potable water supply wells,, and septic tanks with leach fields. Sites that have identified wetlands should be avoided~ if posSible. If wetlands exist or wetland features appear at a potential site, the areas shall be flagged and a 100-foot buffer shall be maintained for all activities on-going at the site. o Sites bisected by overhead power transmission lines need careful consideration due to large dump body trucks/trailers used to haul debris, and underground utilities need to be idenffiied due to the potential for see disturbance by trucldequipment traffic and possible site grading. Sites shell have an attendant(s) during operating hours to minimize the acceptance of unapproved materials and to provide directions to haulers and private cEIzens bringing in debris. Sites should be secure after operating hours to prevent unauthorized access to the site. Temporary r~easures to lime access to the sita could be the use of tracks or equiPment to block ent~..Gates, cables, c~r swing pipes should be. installed as coon as possible for permanent access control, if a site is to be used longer than two weeks. Sites should have adequate access that prohibits traffic from becking onto public rights-of-way or blocking primary and/or secondary roads to the slte. When possible, signs should be Installed to Inform haulers and the general public on types of waste accepted, houm of operation, and who to coi~[act in case of an after houm emergency. .10.Grinding of clean wood waste such as pallets and segregated non-painted/nora treated dimensional lumber is allowed. 11..Final written approval is required, from the SWA EMC to consider any debris management site to be closed. Closure of staging and processing sites shall be within six (6) months of receiving waste. If site operations will be necessary beyond this time frame, permitting of the site. may be required. If conditions at the sEe become Injurious to public health and the environment, then the sita shall be closed until conditions am corrected Or permanently closed. Closure of sites shall be in accordance with the closure and restoration guidelines for DM sites. Air Curtain Burner SEes Locating sites that are intended for air curtain bumlng (ACB) operations is a coordinated effort between the Solid Waste Authority and local air quality officials for evaluating the. surrounding areas and to reevaluate potential sites used in the past. The following gqidelines are presented for selecting an ACB site and operational requirements once a site is in use: 49 Palm Beach County Debris Management Plan 1. Contact the local fire marshal or fire department for input into site selection in order to minimize the potential for fire hazards, other potential problems related to fire fighting that could be presented by the location of the site, and to ensure that adequate fire protection resources area available in the event of an emergency. 2. The requirements *for ^CB device(s), in aCCOrdance with local air quality rules require the following buffers: a minimum of 500 feet from the ACB device to homes, dwellings and other structures and 250 feet from roadways. Contact the local office of air quality for updates or Changes to their requirements. 3. Sites should be located outside of identifiable or known floodplain and flood prone areas; consult the Flood insurance Rate Map for the location in your county to verify these areas. Due to heavy rains associated with hurricanes and saturated conditions that result, flooding may occur mare frequentJy than normally expected. If ACB pit devices are utilized, a minimum two-foot separation to the seasonal high water table is recommended. A larger buffer to the seasonal high water table may be necessary due to on-site soil conditions and topography. 4. Storage areas for incoming debris should he at a minimum 100 feet from all sudace Waters of the state. "Waters of the state' includes but is not limited to small creeks, streams, watemourses, ditches that maintain seasonal groundwater levels, ponds, wetlands, etc. 5. Storage areas'for incoming debfls shall be lOcated at least 100 feet from property boundaries and on-site buildings/structures. ~ '~. '~ c~rtaln i~-U~e'rs"iii use Should be located at least 200 feet from on-site sto~age - areas for incoming debris, on-site dwellings and other~.strubtures, potable water supply wells, and septic tanks and leaching fields. 7. Wood ash stored on-site ~hall be located at least 200 .feet from storage areas for incoming debris, processed mulch or tub grinders (If a grinding site and ACB site is located on the same property). Wood ash shell be wetted prior to removal from the ACB device or earth pit and placed in storage. If the wood ash is to be stored prior to removal from the' site, then rewetting may be necessary 'to minimize airborne emissions. Palm Beach County Debts Management Plan 8. Wood ash to be land applied on site or off site shall be managed in accordance¥/i~ 'the guidelines for the land application of wood ash from storm debris bum sites. The ash shall be incorporated into the soil by the end of the operational day or sooner if the wood ash becomes dry and airborne. 9. Sites that have identified wetlands should be avoided, if possible. If wetlands exist or wetland features appear at a potential site it will be necessary to delineate areas of concern. Once areas am delineated, the areas shall be flagged, and a 100-foot buffer shall be maintained for all activities on-going at the site. 10. Sites bisected by overhead power transmission lines need careful consideration due to large dump body trucks/trailers used to haul debds and the Intense heat generated by the ACB device. Underground utilities need to be Identified prior to digging pits for using the ACB device. 11.Provisions should be .made to prevent unauthorized access to facilities when not open for use. As a temporary measure, access can be secured by Mocking drives or entrances with trucks or other equipment when the facilities are closed. Gates, cables, or other rr~ore standard types of access .control should be Installed as soon as possible. . .......... 12.When'poss~le, post signs with operating hours and Information abou~ what tTpes of Clean up waste may be accepted. Also include Information as to whether only commercial haulers or the general public, may deposit waste. 13.Closure of air curtain burner Sites shall be within slx (6) months of receiving waste. If site operations ~nll be necessary beyond this time frame, permitting of the site may be required. If conditions at the site become Injurious to public health and the environment, then the. site shall be closed until conditions are conected or permanently closed. Closure of sites shall be in accordance with. the guidelines for closure and restoration of DM sites 5! Palm Beach County Debris Marmgeme~ Plan Guidelines for the Land Application of Wood Ash from Storm Debris Burn Sites 1. WheneVer possible, soil test data and waste analysis of the ash should be available to determine appropriate appl~cetion rate. 2. In the absence of test data to indicate agronomic rates, application should be limited to 2 to 4 tons per acre/one time evenL ff additional applications are neosssan/, due to the volume of ash generated and time frame in which the ash is generated, then. an ash. management plan will be needed. 3. Ash should be land applied in a similar manner as agricultural limestone. 4. Ash should not be land applied during perieds of high wind to avoid the ash blowing off the application Sites. ' 5. Ash should not be land applied within 25 feet of surface waters or within 5 feet of drainage ways or ditches on sites that are stabil'~.ed with vegetation. These distances should be doubled on sERes that are not vegetated and the ash should be promptly incorporated into the soil. 6. Records shoUld be maintained to indicate where ash Is applied and the approximate 'quantities of ash applied; ..... . · 7. As an option to land application, ash may be managed at'a permitted municipal solid waste landfill after cooled to prevent possible fire. 8. Assistance in obtaining soil test data and waste analysis of ash should be availabla through county offices of the Extension Service. P;dm Beach Coun{y Debds Management Plan Household Hazardous Waste Temporary Collection Events When local governments are preparing temporary facilities for handling household. h;~nrdous waste resulting from cleanup efforts due to hurricane damage, lhe following guidelines should be considered. The Iocal. govemment should choose a HHVV contractor to set up a collectk~n site. The contractor should be able to assist in selecting a site that is easily accessible, accommodates the oontmctor's equipment, and accommodates traffic. Centrally located sites are usually set up at a park, fairgrounds, or local govemment facility parking lot. The local govemment may choose a milk-run type collecl~n at sites across the county. In this case the HHW contractor collects HHW for a certain time padod at one site and then moves on to the next. Palm Bea~ County Debds Management' P~an Guidelines for Reducing the Potential for Spontaneous Combustion in Compost or Mulch Piles 1. When ground organic debris is put into piles, microorganisms can ven/quickly begin to decompose the organic materials. The microorganisms generate heat and volatile gases as a result of the decomposition pr ..offs. s. Temperatures in these piles can easily rise to mom than 160 degrees Fahrenhe'~ Spontaneous combustion can occur in these situations. 2~ Spontaneous ~ombustion is more likely to occur in larger piles of debris because of" a greater possibility of volatile gases building up in the piles and being' ignited by the high temperatures. If wind rows can be maintained 5 feet to 6 feet high a..n~l. 8 feet to 1~ feet wide, volatile gases have a better chance of escaping the p~qes, and the possibility of spontaneous combustion.will be reduced.. 3. Turning piles when temperatures reach 160 degrees can. also reduce the potential- for spontaneous combustion. Pile turning provides an opportunity for gases to escape and for the contents of the pile to cool. Adding moisture during turning will Increase cooling. Controlling the amount of nitrogen-bearing (.green) wastes in p~es will also help to reduce the risk of fire. The less nitrogen in the piles the slower the decomposition process and consequently the less heat. generated and gases released. --4. Large .pilas. sh.ould be kept away from wooded areas and structures and should be accessible to fire fighting equipment, if a fire were to occur; Efforts Should be made · to avoid driving or operating, heavy equipment on ~arge piles because the COmpaction will increase the amount of heat build-up, which could increaSe the possibil'~y of spontaneous combu~tl~en. 54 Palm Beach County Debris Management Plan Guldeiiries for Closure and Reit°ration of Debris Management Sites Closure Or re-approval of a Debris Management Site (DM sites) should be accomplished within 30 days of receiving the last load of debris. Site CloSure Once a site is no linger needed, it should be closed in accordance with the following guidelines. Closure is not considered complete until the following occurs: Material Removal' 1. All processed and Unprocessed vegetative matarial and Inert debris shah be removed to a properly approved sor~l waste management site. 2. 'rims must be disposed of at a scrap fire collection/processing facility; white goods and other metal sorap should be separated.for recycling. 3. Bum residues shall be removed to a properly approved solid waste management site or land applied in accordance with the guidelines at Attachment 2.. 4. All other materials (unrecoverable metals, insulation, wall board, plastics, mofiag material, painted wood, and other material from demolished buildings that is not Inert debris (see #1 above) as well as inert debris that is mixed with such materials shall be removed to a properly permitted C&D recycling facil'~, C&D landfill, or municipal- solid waste landfill. Stabi!!~a~on Site 'shall be stabilized with erosion control measures, InCluding establishment of vegetative cover, in accordance with regulations of Depad,~ent of Environmental Protection. Agency Approval The Department of Environmental Protecaon reserves the right to review anY temporary site to determine tithe provisions outlined herein have been adequately addressed. Site Re-approval Sites that were approved as temporary staging or processing sites will mqulre re- approval for long-term storage, continuing reduction processing, permanent disposal if site is not clised out in accordance with guidelines stated here. Sites shall be managed and monitored in accordance with the Department of Environmental Protection and to prevent threats to the environment or public health. EXtHBIT "C" HURRIGAHE/DISASTER DEBRIS REMOVAL, REDUCTTON, AND DISPOSAL CONTRACT NO. 01-2~2 PART A UNIT PRtC~$ If Ute ~ w;ay di~an~ fr~om lbo pict(up point Io Ute Temixlr'~y O~T$ M~ $1~ I~ (Estlma~d ya~d~ in b'ud< x Bid Ra~e per Yard (Ite~ 1.0)) plus · (EsI~ yin'els In t~uc~ x (O~e-way i~ minus 5.0) x 8~ Rata ~ yard-.Ml~e. (Item 2.0)). I CERTIFICATE OF LIABILITY INSURANCE PRO0UCER (865)691-4847 FAX (865)694-4847 ~CE~RCA~I~ED~A~ROFINFO~ ~S ~ce Se~ices, Inc, ~LY~ C~ ~ ~ U~N ~ ~F~A~ THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWIT ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSU[ MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION.c POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. GENERAL LIAB~TY GD04045029 06/01/2004 06/01/2005 EACH OCCURRENCE $ 21000 p 00(~ '~ COU ME~C~ C-~ E~:U~_ L~LnY ~ETO REr~n~O i CL~S i~E F~ OCCUR ~u,~ = .... ~ $ 100 ~ OO~ AU¥~u~iLE LIABILITY AE04045016 06/01/2004 06/0]/2005 COMaNED SINGLE UM~T X ANY AUTO ~E~ ~,~r~ $ X NON-OWNEO AUTOS (P~ ~t) $ (~'~er~ $ GARAGE ~ ~Lr~OOHL¥. EA~C~m' $ EX~c=,~MBRGLLAUABILfi'Y C~JW'I3~O~C O6/O1/~:00~! OG/O]/2OO5 [ACHOCCURRENCE wo~,~°o,,.~.,o~^~o~,,~.u~u~ ~o~o45o~ o~/ol/2oo~ o~/o~/2oo~ x I.o~¥,,~1 1%"- ANY PRO FRIETOR~PARTNERr~.ECUTIVE WCR04045014 EL EACH ACCIDEh~ $ 500~ 00~ .~EC La.L P RO~q.S"ONS belmv E- L DISEASE - POLICY LII~T $ ~roJect: Disaster Recovery Services ~he Certificate Bolder is ~dditiona! b~ured regardin~ General Liability ami Aueo~obile ~iabiliey on turk performed by the Insured. City of Delxay Beach, Florida 100 N~ 1st Avenue Delray ~each, FL 33444 ACORD 25 (2001/08) ~ACORD CORPORATION IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not corffer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer dghts to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 2S (2001/0a) rlTY OF DELRrlY BEACH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH WRITER'S DIREC7' LINE: 561/243-7091 July 12, 2004 DRC, Inc. Attn: Mr. Buddy Persons, Jr. 740 Museum Drive Mobile, AL 36608 Re: A.qreement for Disaster Recovery Services Dear Mr. Persons: Pursuant to our phone conversation, I have attached an agreement between your company and the City of Delray Beach. We will require that you execute the attached agreement, it is very similar to the agreement with the SWA of Palm Beach County and incorporates those terms as we are "piggybacking" off of that contract. If you have any questions concerning this agreement please give me a call, otherwise please execute this agreement and return an original to me so that I may place it before our City Commission. Sincerely, OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEACH, FLORIDA By: r~ ~ R. Brian Shutt, Esq. Assistant City Attorney CONTRACT FOR DISASTER RECOVERY SERVICES THIS CONTRACT made and entered into this day of ,2004, by and between the CITY OF DELRAY BEACH, a municipal corporation, hereinafter referred to as "CITY" and DRC, INC., hereinafter referred to a "CONTRACTOR", with a principal address of 740 Museum Drive, Mobile, AL 36608. WHEREAS, the CITY lies on the east coast of the State of Flodda and, as such, may experience massive destruction wrought by the impact of a hurricane landfall, violent storms spawning tornadoes as well as other natural and/or manmade disasters ("Event"); and WHEREAS, it is foreseen that it may be necessary to provide for debris removal and disaster recovery technical assistance to appointed and elected officials within the CITY, resulting from these Events; and WHEREAS, the CONTRACTOR has entered into a certain contract with the Solid Waste Authority of Palm Beach County ("SWA") for Hurricane/Disaster Debris Removal, Reduction and Disposal, Contract No. 01-254, dated July 15, 2001 (the "SWA Contract"), and WHEREAS, the SWA Contract describes in detail the nature and extent of the disaster debris removal and disposal services (collectively, the "Services"); WHEREAS, the SWA Contract was competitively bid and provide for the pricing of the Services in accordance with specific unit prices (the "SWA Unit Pdcas"); WHEREAS, the CITY'S Code of Ordinances authorizes the use of other Flodda government contracts as an acceptable method of procurement of competitively bid prices; and WHEREAS; the CITY wishes to engage the CONTRACTOR to provide the Services in accordance with the SWA Contracts Unit Prices; and WHEREAS, the CONSULTANT has agreed to perform the Services for the CITY in accordance with the terms and conditions of this Contract, Exhibits hereto and the SWA Contract (collectively, the "Contract Documents"), including the specific SWA Unit Prices set forth therein for the Services; NOW THEREFORE, in consideration of payment of One Dollar, receipt and sufficiency of which is hereby acknowledged, along with the promises and mutual covenants and obligations herein contained, and subject to the terms and conditions herein stated, the parties hereto understand and agree as follows: 1. Scope ofServlces. CONTRACTOR shall, on a non-exclusive basis, provide all the materials, equipment, and labor necessary to remove and lawfully dispose of disaster-generated debds from public property and public right-of-ways, and to setup and operate debds management sites in the CITY immediately after a hurricane or other emergency. CONTRACTOR shall not solicit work from pdvate citizens or others once a Mobilization Notice is received. Under no circumstance will the CONTRACTOR mix debris hauled for others with debris hauled under this Contract. CONTRACTOR recognizes that the CITY may enter into additional contracts with other contractors for debris removal service to ensure full coverage in the event of an emergency. The CITY will determine the number of and which contracts are activated based on the magnitude and complexity of the CITY's post disaster needs. 1.1. Mobilization. The CONTRACTOR shall commence mobilization immediately upon receipt of a Mobilization Notice from the CITY defining the job to be accomplished, job location and other job information. CONTRACTOR shall commence mobilization immediately upon receipt of the Mobilization Notice to Proceed in the progress pattems set forth in Exhibit "A" attached hereto. This represents a minimum response schedule and does, not restdct an earlier response. 1.2. Work Hours. The CONTRACTOR is authorized to work during daylight hours up to 10 hours per day, 7 days per week. Any deviation from this schedule will require CITY approval. 1.3. Debris Removal. The debris removal services provided hereunder shall consist of clean up, demolition, removal, and disposal of all disaster-generated mixed debris (except hazardous wastes), as directed by the designated representative of the CITY, including but not limited to road clearance, debris removal from public rights-of-way, debris removal from other publicly owned property and private property and demolition of structures. The services shall also include the loading, hauling and dumping of the debris to designated debris management sites or approved SWA construction & demolition (C&D) debris management site or authorized landfills. Such Services shall be performed in accordance with the Palm Beach County Hurricane Clean Up Emergency Guidelines, attached hereto and incorporated herein, as Exhibit "B". 1. The CONTRACTOR shall clear roads by cutting, tossing and/or pushing of debris from the primary transportation routes as identified by and directed by the CITY. 2. The CONTRACTOR will remove debris from along public rights-of-way by making multiple, scheduled passes of each site, location, right-of-way or area impacted by the disaster, according to the Mobilization Notice. The number and schedule of passes shall be directed by the CITY's pdmary contact for this Contract. All debds type for the designated pass (vegetation or C&D) within or at the right-of-way at the time of the pass shall be picked-up at that pass before moving along the route. 3. Clean woody debris shall be hauled to the nearest approved SWA vegetative DM site. 4. The CITY will be responsible for all tipping fees at authorized landfills and debds management sites, in accordance with all applicable Federal, State and local laws, standards and regulations. 5. CONTRACTOR will use only debds management sites or landfills authorized by the SWA. 6. CITY may request CONTRACTOR to set up a local temporary collection site for household hazardous waste. CONTRACTOR may be asked to participate in site selection and management of the site. 7. CONTRACTOR shall ensure that each load is adequately secured and trimmed so that no debris extends horizontally beyond the bed of the equipment in any direction. All loose debris shall be reasonable compacted. Tarps or other coverings shall be provided by the CONTRACTOR to prevent materials from blowing or falling from the bed. 8. Vegetative debris shall be sawed to 6-foot pieces by CONTRACTOR and such loads compacted within each truck to ensure maximum capacity. 9. The CONTRACTOR may expect to encounter white goods available for disposal. White goods will constitute household appliances as defined in the Florida Administrative Code. The CONTRACTOR shall dispose of all white goods encountered in accordance with applicable Federal, State and local laws. 1.4. Equipment, Materials and Labor. 1. The CONTRACTOR shall provide all equipment, materials, operators and laborers for debds removal operations and maintenance of all necessary equipment, including fuel, grease and repairs of all necessary equipment. CONTRACTOR shall also provide its laborers all protective clothing (including hard hats and steel-toed boots), hand tools, transportation and supervision necessary to perform under this Contract. Safety of the CONTRACTOR's personnel and equipment is the responsibility of the CONTRACTOR. 2. All trucks and equipment must be in compliance with all applicable federal, state and local rules and regulations. Trucks used to haul debds must be capable of rapidly dumping their load without the assistance of other equipment, be equipped with a tailgate that will effectively contain the debds during transport and shall permit the trucks to be filled to capacity. Cyclone fence may be used as temporary tailgates if they comply with the following specifications: - Fencing must be permanently attached to one side of the truck. - After loading, the fencing must be tied to the other side of the truck bed at two places with heavy gauge wire. - Fencing must extend to the bottom of the truck bed. - After loading bottom of fencing shall be tight against the bed of the truck and secured at a minimum of two locations. - Solid iron metal bars must be secured to both sides of the fencing. 3. CONTRACTOR shall submit to the CITY certification indicating the type of vehicle, make and model, license plate number, equipment number and measured maximum volume, in cubic yards, of the load bed of each piece of equipment utilized to haul debris. Maximum volumes shall be calculated from actual internal physical measurement and, if over 0.4 CY, may be rounded up to the nearest cubic yard. The CITY may independently vedfy capacity and mark the outside of such equipment with the verified equipment capacity. 4. The CONTRACTOR shall affix to each piece of equipment, signs or markings indicating the Owner Operator's name, unique equipment identification number, and, if applicable, the cubic yard capacity of the load bed. Signs shall be maintained in an easily readable manner for the duration of the work. 1.5. Permits and Regulations. Permits and licenses of a temporary nature necessary for the provision of the Services shall be secured and paid for by the CONTRACTOR unless otherwise stated in this Contract. The CONTRACTOR shall not be held responsible to secure permits and/or licenses, the requirements for which have or will be waived due to a State or local declaration of an emergency or disaster. CITY will assist CONTRACTOR in obtaining permits and licenses, to the extent reasonably possible, but such assistance will not reduce CONTRACTOR's obligations to obtain same. 1.6. Supervision; Operations Manager. 1. The CONTRACTOR will supervise and direct all services. The CONTRACTOR is solely responsible for the means, methods, techniques, sequences, safety program and procedures. CONTRACTOR will employ and maintain on each work site qualified supervisor(s). 2. CONTRACTOR will employ and assign an "Operations Manager" who shall have full authority to act on behalf of the CONTRACTOR and all 4 communications given to the supervisor by the CITY's Authorized Representative shall be binding as if given to the CONTRACTOR. After issuance of a Mobilization Notice, CONTRACTOR will advise the CITY of the name and contact information for the Operations Manager. The Operation's Manager shall be on call 24-hours per day, seven days per week, and shall have be available by cell phone. This position will not require a constant presence, but the Operations Manager must be physically capable of responding to the CITY's Authorized Representative within 30 minutes of notification. 1.7. Changes in Services. The CITY may order changes within the scope of Services without invalidating this Contract. All changes affecting the project's costs or modifications of the terms, conditions, and the scope of Services of this Contract shall be authorized by means of a written Contract Change Order signed by both the CITY and the CONTRACTOR, before CONTRACTOR may proceed with any changes to the Services. 2. City's Obligations. 2.1. The CITY shall furnish all information and documents necessary for the commencement of work, including valid written Mobilization Notices. 2.2. The CITY shall designate David Harden, City Manager as its Authorized Representative under this Contract. He shall have authority to transmit instructions, receive information, Interpret and define CITY's policies and decision with respect to CONTRACTOR's services under this Contract. CITY may change its designated contact person by written notice to CONTRACTOR. Contact: David Harden phone no.: {561) 243-7010 2.3. The CITY shall provide inspectors for the monitoring of debris operations. 2.4. The CITY will assist CONTRACTOR in obtaining permits and licenses, to the extent reasonably possible, but such assistance will not reduce CONTRACTOR's obligations to obtain same. 3. Term of Contract. 3.1. Term. The term of this Contract shall commence on the date of, execution by the CITY, and shall expire on July 14, 2007. 3.2. Commencement. CONTRACTOR'S provision of Services under this Contract shall commence upon receipt from the CITY of a Mobilization Notice and shall terminate when directed by the CITY. 4. Payment. 4.1. Unit Prices. 1. CONTRACTOR shall bill for work performed at the SWA Unit Prices, attached as Exhibit "C" to this Contract. 2. Payment for debds removal and hauling will be based on the quantity of debris hauled in cubic yards or yard/miles depending on where the debris is taken. Debris hauled to a debris management site will be estimated in cubic yards by either a CITY representative or SWA at a debris management site, and recorded on a load ticket form, as distributed by the CITY or SWA. Debris hauled to a permanent landfill will be paid based on yard-miles recorded on an approved load ticket. One copy of each load ticket will be delivered to the CITY daily. 4.2. Invoices. CONTRACTOR may invoice the CITY not more than once every f~teen (15) days. Each invoice shall specify the period covered by the invoice and provide detail of the work performed, including verification of each cubic yardage load ticket and daily summary sheet indicating the verified load receipt and invoiced amount. Each invoice shall be signed by the CONTRACTOR and be supported by such data as the CITY may reasonably require. Payment will be made against CONTRACTOR's invoice after verification of accuracy of invoice based on load tickets. 4.3. Disputed Charges. Disputed charges, identified by load ticket or otherwise, shall be returned to the CONTRACTOR for additional supporting documentation of clarification prior to payment. CITY will promptly pay the undisputed portion of any invoice as provided herein. 4.4. Inspections. The CITY and the CONTRACTOR shall have inspectors/ supervisors in the field with each work crew to monitor, record, and sign time sheets for the actual times worked for each piece of equipment and crew member present at a particular work site and sign load tickets. These signed records shall be the basis for the CONTRACTOR's invoice to the CITY and copies of these records shall be submitted with the respective invoice. 4.5. Rate Increases. Upon each anniversary date of this contract, the fees/unit prices may be adjusted upward, based on the Consumer Price Index All Urban Consumers All items. At no time shall the fees under this Contract differ from adjusted SWA Unit Prices during the term of the SWA Contract. 5. Performance. 5.1 Bonds. The CONTRACTOR shall provide to the City, on forms fumished by the City, a Performance Bond and a Labor and Material Payment Bond ("Bond") each in an amount not less than $500,000 upon receipt of a Mobilization Notice. The Bond shall incorporate by reference the terms of the Contract Documents in its entirety. Except as otherwise agreed to in writing, the Contractor's Surety waives all rights against the City and any of its agents and employees, for damages or other causes of loss by including claims by Contractor's Surety against the City for costs bond, Contractor's Surety performance of its obligations under the ?terformance warranted by these Contract Documents and excluding only such rights as they have to asserts were not proceeds of such insurance held by the City as fiduciary. This waiver of subrogation shall be effective as to a person or entity even though that Person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the premium directly or indirect/y, and whether or not the Person or entity had an insurable or suretyship interest in the Property allegedly damaged, bond 6. G~eneral Terms and Condition_. 6.1. Insurance and Indemnification. 1. Within twenty (20) days of execution of this Contract, CONTRACTOR shall obtain and provide to the CiTY evidence that it has obtained all insurance required under this Contract. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. CONTRACTOR shall furnish Certificates of Insurance to the CITY which cleady indicate that the CONTRACTOR has obtained insurance of the type, amount and classification as required for strict compliance with this paragraph and that no material change or cancellation of the insurance shall be effective without thirty (30) days Prior written notice to the CITY. New certificates of insurance are to be provided to the CiTY at least fifteen (15) days pdor to coverage renewals. Receipt of Certificates or other documentation of insurance or policies or copies of policies by the CITY or by any of its representatives, which indicate less coverage than is required, does not constitute a CONTRACTOR,s obligation to fulfill the insurance requirements herein, waiver of 2. CONTRACTOR shall maintain during the term of this Contract the following insurance policies written by an insurance company authorized to do business in Flodda: a) Comprehensive General Liability insurance with bodily injury limits of not less than $1,000,000 for each occurrence and with Property damage limits of not tess than $1,000,000 each occurrence, including Contractor's Protective Coverage for any subcontractor operations. b) Automobile L/ability insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with Property damage limits of not-less than $1,000,000 each accident. c) Worker's Compensation insurance in accordance with statutory requirements. 3. CONTRACTOR shall name the CITY as an Additional Insured' under its comprehensive general and automobile liability insurance. 4. CONTRACTOR shall be entirely responsible for securing Certificates of insurance coverage as set forth above from all subcontractors who are engaged in CITY work. 6.2. 5. The CONTRACTOR hereby agrees to indemnify, defend and hold harmless the CITY and its employees, agents and authorized representatives with respect to any and all costs, claims, damages and liability which may arise out of the performance of this Contract as a result of any negligent acts, errors or omissions or willful misconduct of the CONTRACTOR or CONTRACTOR's subcontractors, or any other person or entity under the director or control of the CONTRACTOR. CONTRACTOR shall pay all claims and losses arising out of CONTRACTOR's negligent acts, errors, or omissions or of its willful misconduct and shall defend all suits, in the name of the CITY, its employees, agent and authorized rePresentatives when applicable, including appellate Proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. Sub-Contracting. 1. The CONTRACTOR shall be fully responsible to CITY for the acts and omissions for its subcontractors and of persons directly or indirectly employed by them, as the CONTRACTOR is for the acts and omissions of persons employed by it. 2. The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts giving the CONTRACTOR the same powers regarding terminating any subcontract that the CITY may exemise over the CONTRACTOR under any provisions of this Contract. Nothing contained in this Contract shall create any contractual relationship between any subcontractor and the CITY. The CONTRACTOR shall supply the names and addresses of subcontractors and materials suppliers when requested to do so by the CITY upon issuance of a Notice to Proceed and shall update same on a biweekly basis after issuance of a Notice to Proceed. 3. The CONTRACTOR shall not use a subcontractor or material supplier to whom the CITY reasonably objects, and shall make all reasonable attempts to subcontract with local firms currently doing business within the CITY and/or Palm Beach County, Florida. All subcontractors will operate in strict accord with local, state, and federal laws governing the type of work to be performed. 6.3. Independent Contractor. The CONTRACTOR and any subcontractors are, and shall be, in the performance of all Services under this Contract, independent contractor(s) and not employees, agents or servants of the CITY. All persons engaged in any of the Services performed hereunder shall; at all times and in all places, be subject to CONTRACTORS sole direction, supervision and control. CONTRACTOR shall exemise control over the means and manner in-which its employees perform the Services. 6.4. Taxes. The CONTRACTOR agrees and understands that it shall not. be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the City, nor is the CONTRACTOR authorized to use the CITY's tax exemption number in secudng such materials. The CONTRACTOR shall be responsible for payment of its own and its share of its employees' payroll taxes and benefits with respect hereof. 6.5. Public Records Law. The Contractor shall allow public access to all documents, papers, letters or other matedal subject to the provisions of Chapter 119, Flodda Statutes, and made or received by the Contractor in conjunction with this Contract. Failure by the Contractor to grant such public access shall be grounds for immediate unilateral cancellation of this Contract by the City. 6.6. Nondiscrimination. The CONTRACTOR warrants and represents that all of its employees, applicants for employment and subcontractors are treated equally without regard to race, color, religion, disability, sex, age, national odgin, ancestry, marital status or sexual orientation. 6.7. Drug Free Workplace. The CONTRACTOR acknowledges that the CITY is a Drug Free Workplace. It is unlawful to manufacture, distribute, dispense and/or have possession, or use of a controlled substance in the workplace. The CONTRACTOR shall make a good faith effort to maintain a drug free workplace in providing services under this Contract. CONTRACTOR shall execute and deliver a Drug Free Workplace Form certification with the execution of this Contract. 6.8. Authority to Conduct Business. CONTRACTOR hereby represents that it has and will continue to maintain all State and local licenses and approval required to conduct its business and will abide by all laws regarding same. CONTRACTOR will at all times conduct its business in a reputable manner. Proof of licenses or permits shall be submitted to the CITY upon execution of the Contract. 6.9. No Lien. The CONTRACTOR shall not at any time suffer or permit any lien, attachment, or any other encumbrance under the laws of the State of FIodda, or otherwise, by any person or persons whomsoever to be filed or recorded against the CITY against any money due or to become due for any work done or materials furnished under this Contract by CONTRACTOR. 6.10. Waiver. No waiver of a breach of any provision of this Contract shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in wdting. 6.11. Remedies. No remedy herein is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No exercise by any party of any dght, power or remedy hereunder shall preclude any other or further exercise thereof, in any legal action brought to enforce this Contract both parties shall bear their own attorney's fees and costs. 6.12. Termination. Either party may terminate this Contract upon 90 days written notice to the other party. 6.13. Pledge. The CONTRACTOR shall not pledge the CITY's credit or make it a guarantor of payment of surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 6.14. Severability. Should any provisions, paragraphs, sentences, words or phrases contained in this Contract be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, and to the extent they cannot be so modified, then same shall be deemed severable, and in either event, the remaining terms and provisions in this Contract shall remain unmodified and in fuji force and effect. 6.15. Modification. There may be no modification of this Contract, except in a writing. 6.16. Assignment. Neither party shall assign this Contract or any interest herein, or delegate any of its duties hereunder. 6.17. Governing Law/Jurisdiction/Enforcement. This Contract shall be construed and enforced according to the laws of the State of Florida. The parties hereto agree that the state or federal courts located in the State of Flodda shall have the exclusive jurisdiction over the parties and the subject matter of any litigation between the parties adsing hereunder. For purposes of state court action, venue shall lie in Palm Beach County, Florida, and for purposes of federal court action, venue shall lie in the Southern District of Flodda. 6.18. Notice. All notices required in this Contract shall be faxed, if possible, or hand delivered to: CITY: City of Delray Beach, Florida 100 N.W. Ist Avenue Delray Beach, FL 33444 Fax 561-243-7199 CONTRACTOR: DRC, Inc. 740 Museum Drive l0 Mobile, AL 36608 Fax 251-343-5554 6.19. Audits. CONTRACTOR may be subject to audit by federal, state and local agencies pursuant to this Contract. CONTRACTOR shall maintain adequate records to justify all charges, expenses and costs incurred in performing the services hereunder for at least three (3) years from the date of final payment of this Contract. CITY shall have access to such books, records, and documents for the purpose of inspection or audit during normal business hours at CONTRACTOR's place of business. 6.20. Entire Agreement. This Contract and Exhibits referred to herein, contain the entire agreement of the parties, and there are no other binding promises or conditions in any other agreement whether oral or written. None of the provisions contained herein may be modified or added to except by wdtten instrument executed by both parties and properly authorized by the CITY. The CITY and CONTRACTOR each bind itself and its successors and assigns to this Contract This Contract may not be assigned without the wdtten consent of the other party hereto. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CITY. IN WITNESS THEREOF, the parties hereto have made and executed this Contract and have hereunto signed in their names by their duly authorized representatives on the date above written. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: By: City Clerk Approved as to Form: By: City Attomey WITNESSES: (Name Printed or Typed) (Name Printed or Typed) CITY OF DELRAY BEACH By:. , Mayor Mobilization Schedule, shall ~ mobilization ot' ~luipm. cat, opm'~om, zucl laborers immediately wu~in 1o dq, s C~tc~7 3 4O% 7~ 100% I00% PALM BEACH COUNTY HURRICANE CLEAN UP EMERGENCY GUIDELINES Enclosure 9 Palm Beach County Debrb Management Plan Construction and Demolition Debris Management Site· Operational Guidelines When local govemment~ are prepa~ng ternl~ facilities for hand,ne debri~ from the cleanup efforts due to hurricane damage, the following guid~lines"[h'~u~d--b~ considered when establishFng Debris Management Sites '(DM sites) for Construction & Demolition (C&D) debds. These guideli~.-.~ app.l? only to s~$ for staging/transferflng C&D storm debris (roof ~sh. in?le~/~r~oc~__.ng__ma.~_l~l~_, .ca?et, ,r?ulalion, wallboard, treated and painted lumber. ,=u.~l. ~-~a~q~-m~.nm snou~ =e maae to screen out unsuitable maten!als, su(~l as household h~rdou$ waste. Debris .Management Sites 'Locating DM sites for stagin~lransferring CSJ?..?e can be a(xx)mplished by evaluating potenflaJ sites and by revisit sites use<] m me past to see If site condilior~ .have changed or i~ the surroundi.n~, areas have changed signiflcan~dy to alter the use of ~ site. The following guidelines .are presented in locating a site for "staging/transferring" and am considered "minimum standards, for Selecting a site for these areas. Due to heavy rains assoc;a{ed w#h 'hurflcan~ and ~aturated condl0ons lflat result, flooding may occur more frequently than normally expected. 2. Hauler unloading meas for incoming C&D debris material should be at a minimum ~100 feet from all surface waters of the state. "VVaters 0f the state" includes but is not limited to small creeks, streams, watercourses, ditches that maintain seasonal groundwater levels, ponds, wetlands, et~ 3. Storage areas for incoming C&D debris shall be at least 100 feet from the site property boundaries, on-site bui~ures, and septic tanks wilh leach fields or at lea.st 250 feet from off-site residential dwellings, commercial or pubic structures, and potable water supply wells, whichever is greater. 4..Mater separated incom g CSD debr (whae goo s, scrap metal, oe at least 50 fee{ from site property Frees. Other non-transferable C&D wastes ~, (household garbage, larger containers of liquid, household hazardous waste .shall be placed ir¥containers and transported to the appropriate facilities.as soon as p~ssible. 46 5. Sltes that have identified wetlands should, be avolded,.if pcaslble. If wetlands exist or wetland features appear at a potential sites the areas should be flagged and a 100- ' foot buffer shall be rnaintained for all activities on-going at the site. 6. Sites bisec~.ed by overhead power transmission lines need careful consideration due to large dump body trucks/lmllem used to haul debris, and underground utilities r,c~l to be ideh;;;k~d due to the potential for site disturbance by trucidequipment tramc and pnssible site grading. 7. Sites shall have an attendant(s) during operating holm to minimize the acceptance · of. unapproved materials and to provide directions to haulem and private citizens bringing in debris. 8. Sites should be se=ute after operating hours to prevent unauthorized access to the site. Tempormy measures to amir accass to the site could be lhe use of trucks'or equipment to block'entry. Gates, cables, or swing pipes should be Installed as soon as possible for [3ermanent access ~ntrol, If a site is to be used longer than two weeks. 9. 'When possible, signs should.be installed to Infmm.haulers andtha' general public on hours emergency. lO. Final written approval ia required from lhe SWA EMC to consider any debris management site to be closed. Closure of procasslng/mcyciing sites shall be within one (1) year of receiving waste. If site op~-a;;on$ wfl be necessary beyond Ibis lime frame, permiffing of the site by the Solid Waste.Section may be required. If conditioha at the site become'injurioUS to public health and Ihs environment, then the site shall be closed until conditions am-corrected or permanerCdy dosed. Closure of sltea shall be In a(~ordanca wil~ the closure and restoration of ten-,pomry debds management sites guidelines. 47 Establishing Debris Management Sites for Buming and' Grinding OperatJoes General When preparing temporary facilities for handling debris resulting from the clean up efforts due to hurricane damage, the following guidelines should be considered when establishing Debris Management Sites (DM sites) for Burning and Gr~cli~g Operations. These guideRnas apply only to sees for grinding or buming vegetative 8tonn debds (yard weste, trees, limbs, stumps, branches, and untreated or unpainted wood).' Arrangements should be made to screen out unsuitable materials. The two method (e) of managing vegetatiVe and land. clearing storm debris is 'chipping/grinding' for use. In landscape mulch, 'compost preparation, and industrial · boiler fuel or using an 'air curtaIn burner (ACB)", with the resulting ash being land applied as a liming agent or Incorporated into a finished compost product as ccc:led. Chipping and Grinding DM alta. Locating. DM sties for chipping/grinding of vegetative and land deering'debris will .... . .Mq. uire .a detailed evaluet/on of potential sites and possible revisits at future dates to see 'if site bonditions have changed or if' the surrounding areas have changed significancy to alter the use oftha siM. ~. The following guidelines are presented In locating a site for "chipping/grinding" and are considered 'minimum standards" for selecting a site for use: 1. Sites should ha 'located outside of identffiable or know~ floodplain and flood prone areas; consult the Flood Insurance Rate Map for the location in your county to verify these areas. Due to heavy rains associated with hunicanes and saturated conditions 2. Storage areas for Incoming debris and processed material should be at a minimum · 100 feet from all surface watem of the state. 'vVaters of the state" Includse but is not limit, ed to small crcc.~.s, streams, watercouraes, ditches that maintain seasonal groundwater levels, ponds, wetlands, etc. 3. Storege areas for Incoming debris and processed material shall be at least 100 feet from the site property boundaries and on-site bulidings/stnmtures. Management of procq, s~l material shall be In accordance ~ath the guidelines for reducing the potential ' ~' ' ' for spontaneous combestion in compoSt/mulch piles. - 48 '" 4. Debris Management Plan " Storage ames'for Incoming debris shall be locateri at least..l.0~ feet from residential dwellings, commercial or public stmcturee, .potable water supply wells, and septic tanks with leach fields. 5. Sites that have Identified weliands should be avoided, if possible. If wetlands exist or wetland features appear at a potential site, the areas shall be flagged and a 100-foot buffer shall be maintained for all acitvttles on-going at the site. 6. Sites bisected by overhead power transmission lines need cere~ul consideration due .to large dump body trucks/trailers used to haul debts, and underground utilizes need to be identified due to the potential for site disturbance by truck/equipment traffic and possible site grading. 7. Sites shall have an attandent(s) during operating hours to rninimlze the acceptance . of unapproved materials and to provide directloes to haulers and private cittzena bringing in debts. ' 8. sS~i~..l~hould be s?cure after ..o??. ting hours to prevent unauthorized access to the ~e. ~emporary measures to lim; access to the site could ha the use of tracks or eqUiPment to block entry..Gates, cables, or swing pipes should ha-instaltad as soon as possrole for permanent aooees control, if a site is to be used longer if mn two weeks. Sites should, have adequate access that prohibits traffic from hacldng onto. public rights-of-way or blocking primary end/or secondary roads to the slte.. 9. When possible, slgna should be installed to Inform haulers and the general public on types of waste accepted, hours of opera~;on, and who to contact in case of an aftar houm emergency. .10. Grincllng of clean wood waste such as pallets and segregated non-painted/non- lreated dimansional lumber Is allowed. 11..Final written approval, ts required, from the SWA EMC to consider any debris management site to be dosed. ~re of ~-ing and proceesing sites shall be s ume frame, perrmmng OT me she. may be required, ff condilions at the site become injurious to public health and the environment, then the site shall be closed until conditions are corrected Or permanerf~y closed. Closure of sites shall be in accordance with the closure and restoration guidelines for DM sites. Air Curtain Bumer Sitea Locating sites that are intended for air curtain burning (AC, B) operations is a coordinated elfod between the Sc~d Waste Authority and local air quality officials for.evaluating the sunounding areas and to reevaluate potenUal ~ I us~ in the past. The following guidelines are presented for selecting an ACB site and operational requirements once a site Is In use: - 49 eebdm IVlanaql~nt PIBn 1. Contact the local fire marshal or fire department.for input into site selection in order to minimize the potential for fire hazards, other potential problems related to fire f'~]hting that could be presented by the location of the site, and to .ensure that adequate fire protection resources area available in the event of an emergency. 2. The .requirements for ACB device(s), in aCCOrdance. with local air quality .rules require the following buffers: a minimum of 500 feet from the ACB device to homes, dwellings and other structures and 250 fc.~ from roadways. Contact the local ofl~e of air quality for updates or Changes to thalr requirements. Sites should be located outs[de of identifiable or known floodplain and flood prone areas; consult the Flood Insurance Rate Map for the location in your county to verify these areas. Due to heavy rains associated with hunicanes and saturated conditions that result, flooding may occur mom frequently than no~mally expected. If ACB pit devices are utilized, a minimum two-foct separation to [he seasonal high water teble le recommended. A laq;ler buffer to the seasonal high water table may be neesseary due to on. aite soil conditions and topography. 4. Storage areas for Incoming debris sh~ukl be at a minimum 100 feet from all surface waters of the state. 'Waters of the state" Includes but is not limited to stall creeks, streams, watercoumes, ditches that maintain seasonal groundwater levels, ponds, wetlands, etc. 5. Storage areas'for incoming debris shall be located at least 100 feet from propa~ boundaries and on-alta buildings/structures.. *~.-,~ C,~i'dain' ~-~-rs-i~ use ~diCH. J[d 1:~ ~ at least 200 feet from on-site ~stomge areas for Incoming debris, on-site dwellings and othor, sl~tures, potable water supply wells, and septic tanks and leaching fields. 7. Wood ash stored on-site .~hail be located at least 200 .feet from storage areas for Incoming debris, processed mulch or lub gdndem (if a gflnding site and ACE} alta is located on the same pmperb/). Wood ash shall be wetted pdor to removal from the ACB device or earth pit and placed in storage. Ifthe wood eshis to be stored prior to removal from th~ site, then. rewatting may be necessary to minimize airbome emisetons. 8. Wood ash to be Isnd applied on site or off site shall be managed in accordancewilh · the guidelines for the land application of wood ash from storm debris bum sites. The ash shall be Incorporated into the soil by the end of the operational day oi' sooner if the wood ash .be~mms dry and airborne. 9. 8ires t~at have identified wellands should be avoided, if possible. If wetlands exist or wetland features appear at a potential site it will be necessary to delineate areas of concern. Once areas are delineated, the areas shall be flagged, and a 100-foot buffer shall be malntalned for all activities on-going at the site. 0. Sites bisected by overhead power transmission lines need careful consideration due to large dump body trucks/bailers used to haul debds and the Intense heat generated by the ACB device. Underground ufa'lit~s need to be Identified prior to digging pits for using the ACB device. 11.Provisions should be-made to prevent unauthorized access to facilities when no~ open for use. As a temporary measure, access can be secured by blocldng drives or entranoea with trucks or other equipment when the facili'des am closed. Gates, cables, or other n~ore standard types of access .control should be Installed aa soen as possible. . .............. 12,_..Wh_ en'possible., post si~. ns with operating hours, a. nd information about what types of =ean up .waste may oe accepted. Also incluoe Information as to whether only commercial haulers or the general publiomay depose waste. 13.Closure of air curtain burner Sites shall be wil~ln six (6) mcmths of recek, ing waste. If Lite opera[ions will be necessan/beyond this time frame, permitUng of lhe site may required. If condi~ons at the site become Injurious to public health and the emaronment, then the. site shall be dOSed until cond'~)ns are conected or permanently closed. Closure of sites shall be In accordance with the guldelines for closure and restoration of DM sites 51 Guidelines for the Land Application of Wood Ash from Storm Debris Bum Sites 2. In the absence of test data to Indicate agronomic rates, application should be limited · to 2 to 4 tons per acre/one time event. If additional appliceflons are necesm~, due to the volume of ash generated and time .frame in which the ash is generated, then. an ash. management plan will be 3. Ash should be land appl~J in a ~ manner a~ agricultural llm~tone. 4. Ash should not be land apr)fled du~ng periods of high wind to avoid the ash blowing off the application Sites. ' 5. Ash should not be land applied within 25 feet of surface watem or within 5 feet of drainage ways or ditches on.sites that are stabilized with vegetalJon. These distances · .should be doubled on ~.es that are not vegetated and the ash should be promptly ~ncorporated into the soil. 6. Records shOUld be maintairmd to indicate where ash is' aPPB~d and the appmxima~ ' ' "" ' · ' · 'qUantifies'of ash appfled; · - ..... 7. As an option to land applk=ation, ash may be managed at'a Permitted municipal solid waste landfill afl. er cooled to prevent possible fire. 52 Household Hazardous Waste Temporary Collection Events When local governments am preparing tempormy fadlitJes fm handling household. h.~mdous waste resulting from cleanup efforls due to hurrtcarm damage, the following guidellnes should be considered, The local, govemment should c~oose a HHW co.~ador to set up a collection site. The contractor should be able to assist in selecang a site that is easily accessible, accommodates the contractor's equipment, and accommodates ~a;r~. Centrally located sites am usually set up at a ~ fairgrounds, or local government fac, lay parldng lot. The local government may choose a milk-run type collec~on at sites'acro~ the county. In thls case the HI-NV coatrac~or collec~ HHVV for a ce~ain time pe~xl at one see and then m.o~ on ~o the next. 53 Guidelines for Reducing the Potential for Spontaneous" Combustion in Compost or Mulch Piles ' 1. When ground organic debris i8 put into piles, microorganisms can very quickly begin to decompose the organic materials. The microorganisms generate heat and vol~le gases as a result of the decomposition p ..ro~ss~. Temperatures in these piles can easily rise to more than 160 degrees FahrenheiL Spontaneous combustion can occur in these situations. 2: Spontaneous combustion is more likely to occur in larger pile~ of debris because of'. a greater' possibir~y of volatile gases bulk:ling up in the piles and being' Ignited by the high temperatures. If wind rows can be maintained 5 feet to 6 feet high rand 8 feet to 10 feet wJcle, volable gases have a belter chance of escaping the paes; and the 3. Turning plies when temperatures reach 160 degrees can. also reduce the potential' for spontaneous combt~-tion. Pile tum]ng provides an opportunity for gases to escape and for the contents of the pile to cool. Adding mo'~'ture during turning will Increase cooling. Controlling the amount of nitrogen-bearing (green) wastes in plies will also help to reduce the risk of fire. The less nitrogen In the piles the slower the decomposition process and consequently the less heat. generated and gases released. · -~4. Large.piles..~lx)u~ be kep~ away from wooded areas and structures and should be accessible to fire fighting equiprnent~ if a fire were toOccur; Efforts ShOUld be made to avoid driving or operating, heavy equipment on '{arge plies because the compac~on will Increase the amount of heat build-up, which could Inctea~ the possib[Ry of spontaneous comb~. Pldm ~ Com~ Guideliries for Closure and Re~t°ration of Debris Management Sites Closure dr re-approval of a Debris Management Site (DM sites) should be accomplished within 30 days of receiving the last lead of debris. Site ClO~ure Once a site is no longer needed, it should be closed in accordance with the following guidelines. Closure is not considered complete until the following occurs: blaterlal Removal' 1.. All processed and U~ vegetative maladal and Inert debris shall be removed to a pmpe~y approved sor~l waste management site. 2. Tires must be disposed of at a scrap tire collacl~ing facility;, white goods and other metal r,~rap should be separated.for recycling. 3. Bum residues shall be removed to a properly approved solid waste management site or land.applied in accordance wi~ the guidelines at ^ltachment 2. 4. NI other materials (unrecoverable rnetais, Insulation~ wall board~ plastics, 'tootling' material, painted wood, and other material from demolished buildings that is not Inert debris (see #1 above) as well as inert debris that is mixed with sul3h materials shall be removed to a properly permitted C&D recycling facility, C&D landfill, or mun'~ipal.' solid waste landfill. ,~]etative cover, in accordance with regulations .of Depa,;.ient of Environmental Pmtecllon. Agent/Approval The Depadment of Environmental Protection reserves the right to review any temporary site to determine if the provisions outlined herein have bcca adequately ~ldre~md. Site Re-approval Sites that were approved as temporary staging or processing sites w~l require re- approval for long-term storage, continuing reduction processing, permanent disposal if site is not closed out in accordance with guidelines stated here. Sites shall be managed and monitored in accordance with the Department of Environmental Pmteclion and to prevent threats to the enviror~ment or public health. EX~IIRIT "C" HURRICANE/OISASTER DEBRIS REMOVAl.., REDUCTION, AND DISPOSAl. DRC, INC. - CONTRACT NO. 01-254 PARTA .ItenVt:)e~,cdp ,~ Unit Unit 1.0 Public Prope~y and RIgM of Way pickup and HatJ~n~ to a cl~l~mt~l T~por~y D~xt8 mlk~ away (o~ mlkm). CY $ 12.50 4.0 Processing of debd~ through gdm:~ng and~x 5.0 Vdum~ mdu~on thnx~h air ~rtaln ~r open Imming. OY $ 2.10 UNIT PRICE8 * YARO4JILE8 (F~mated yards in ~uck x ~d Rate per Yard (~em ~.0)) p~us (Estimated yards in track x (One-way ~ minus $.0) x Bid Rate pe~ Yard-Mile (Item 2.0)). Comfit No. 0 I-:2~4 7/2/2001 m D & J Enterprises, Inc. 3496 Lee Road 16 · Auburn, AL 36832 ° (334) 821-1249 · FAX (334) 821-5227 July 19, 2004 R. Brian Shutt, Esq. Office of the City Attorney City of Delray Beach 200 N.W. Ist Avenue Delray Beach, Fl. 3244~. Re: Agreement for Disaster Recovery Services D~tr Mr. Shutt, Please find enclosed an executed copy of an agreement between our company and the City of Delray Beach signed by Mr. James L. Starr, Secretary/Treasurer and one of the principals of D & J Enterprises, Inc. Thank you for your confidence in D & J Enterprises. I/you have any questions or should need any further information, please do not hesitate to contact me. Sincerely, J.M. Cogeland Vice President RECEIVED JUL 2 2 2004 CITYA'ITORNEY [lTV DF DELRI:I¥ BEi:I£H CITY ATTORNEY'S OFFICE DELRAY BEACH July 12, 2004 D&J Enterprises, Inc. Attn: Mr. J.M. Copeland 3495 Lee Road, No. 10 Auburn, AL 36832 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 WRITER'S DIRECT UNE: 561/243-7091 Re: A,qreement for Disaster Recovery Servicee Dear Mr. Copeland: Pursuant to our phone conversation, I have attached an agreement between your company and the City of Delray Beach. We will require that you execute the attached agreement, it is very similar to the agreement with the SWA of Palm Beach County and incorporates those terms as we are "piggybacking" off of that contract. If you have any questions concerning this agreement please give me a call, otherwise please execute this agreement and return an original to me so that I may place it before our City Commission. Also, pursuant to your request on information about our municipality, I have attached a sheet from the SWA of Palm Beach County RFP that we are piggybacking off of. If you have any further questions regarding this issue please give me a call. Sincerely, OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEACH, FLORIDA By: R. Bdan Shutt, Esq. Assistant City Attomey Palm Beach County Debris Management Plan Note: Municipalities Cloud Lake , Beach Estimated Number Of Single Family Homes 905 ,651 190 7 51 77 Golf 163 Greenacres 747 Gulf Slrearn 310 332 439 Beach 680 Estimated Debris 883 CY 700 355 CY CY )81 CY Lake Clark Shores 228 563 Lake Worth 703 i Park North 186 Oceatl ~ 594 538 Palm E 706 Palm 428 Rivera South 667 27 CY 777 CY 53 CY 2 Municipal Debris Estimates Estimated Debris based on 50% of single family homes 3] CONTRACT FOR DISASTER RECOVERY SERVICE,~ THIS CONTRACT made and entered into this day of ,2004, by and between the CITY OF DELRAY BEACH, a municipa-~ corporation, hereinafter referred to as "CITY" and D&J ENTERPRISES, INC., hereinafter referred to a "CONTRACTOR", with a principal address of 3495 Lee Road, No. 10, Auburn, AL 36832. WHEREAS, the CITY lies on the east coast of the State of Florida and, as such, may experience massive destruction wrought by the impact of a hurricane landfall, violent storms spawning tornadoes as well as other natural and/or manmade disasters ("Event"); and WHEREAS, it is foreseen that it may be necessary to provide for debris removal and disaster recovery technical assistance to appointed and elected officials within the CITY, resulting from these Events; and WHEREAS, the CONTRACTOR has entered into a certain contract with the Solid Waste Authority of Palm Beach County ("SWA") for Hurricane/Disaster Debris Removal, Reduction and Disposal, Contract No. 01-253, dated July 15, 2001 (the "SWA Contract"), and WHEREAS, the SWA Contract describes in detail the nature and extent of the disaster debds removal and disposal services (collectively, the "Services"); WHEREAS, the SWA Contract was competitively bid and provide for the pricing of the Services in accordance with specific unit pdces (the "SWA Unit Prices"); WHEREAS, the CITY'S Code of Ordinances authorizes the use of other Florida government contracts as an acceptable method of procurement of competitively bid prices; and WHEREAS; the CITY wishes to engage the CONTRACTOR to provide the Services in accordance with the SWA Contracts Unit Prices; and WHEREAS, the CONSULTANT has agreed to perform the Services for the CITY in accordance with the terms and conditions of this Contract, Exhibits hereto and the SWA Contract (collectively, the "Contract Documents"), including the specific SWA Unit Prices set forth therein for the Services; NOW THEREFORE, in consideration of payment of One Dollar, receipt and sufficiency of which is hereby acknowledged, along with the promises and mutual covenants and obligations herein contained, and subject to the terms and conditions herein stated, the parties hereto understand and agree as follows: CONTRACTOR shall, on a non-exclusive basis, provide all the materials, equipment, and labor necessary to remove and lawfully dispose of disaster-generated debds from public property and public right-of-ways, and to setup and operate debds management sites in the CITY immediately after a hurricane or other emergency. CONTRACTOR shall not solicit work from private citizens or others once a Mobilization Notice is received. Under no circumstance will the CONTRACTOR mix debris hauled for others with debris hauled under this Contract. CONTRACTOR recognizes that the CITY may enter into additional contracts with other contractors for debris removal service to ensure full coverage in the event of an emergency. The CITY will determine the number of and which contracts ara activated based on the magnitude and complexity of the CITY's post disaster needs. 1.1. Mobilization. The CONTRACTOR shall commence mobilization immediately upon receipt of a Mobilization Notice from the CITY defining the job to be accomplished, job location and other job information. CONTRACTOR shall commence mobilization immediately upon receipt of the Mobilization Notice to Proceed in the progress patterns set forth in Exhibit "A" attached hereto. This represents a minimum response schedule and does, not restrict an earlier response. 1.2. Work Hours. The CONTRACTOR is authorized to work during daylight hours up to 10 hours per day, 7 days per week. Any deviation from this schedule will require CITY approval. 1.3. Debris Removal. The debris removal services provided hereunder shall consist of clean up, demolition, removal, and disposal of all disaster-generated mixed debris (except hazardous wastes), as directed by the designated representative of the CITY, including but not limited to road clearance, debris removal from public rights-of-way, debris removal from other publicly owned property and private property and demolition of structures. The services shall also include the loading, hauling and dumping of the debris to designated debris management sites or approved SWA construction & demolition (C&D) debris management site or authorized landfills. Such Services shall be performed in accordance with the Palm Beach County Hurricane Clean Up Emergency Guidelines, attached hereto and incorporated herein, as Exhibit "B". 1. The CONTRACTOR shall clear roads by cutting, tossing and/or pushing of debris from the primary transportation routes as identified by and directed by the CITY. 2. The CONTRACTOR will remove debris from along public rights-of-way by making multiple, scheduled passes of each site, location, right-of-way or area impacted by the disaster, according to the Mobilization Notice. The number and schedule of passes shall be directed by the CITY's 2 pdmary contact for this Contract. All debris type for the designated pass (vegetation or C&D) within or at the right-of-way at the time of the pass shall be picked-up at that pass before moving along the route. 3. Clean woody debds shall be hauled to the nearest approved SWA vegetative DM site. 4. The CITY will be responsible for all tipping fees at authorized landfills and debds management sites, in accordance with all applicable Federal, State and local laws, standards and regulations. 5. CONTRACTOR will use only debds management sites or landfills authorized by the SWA. 6. CITY may request CONTRACTOR to set up a local temporary collection site for household hazardous waste. CONTRACTOR may be asked to participate in site selection and management of the site. 7. CONTRACTOR shall ensure that each load is adequately secured and tdmmed so that no debris extends horizontally beyond the bed of the equipment in any direction. All loose debds shall be reasonable compacted. Tarps or other coverings shall be provided by the CONTRACTOR to prevent materials from blowing or falling from the bed. 8. Vegetative debris shall be sawed to 6-foot pieces by CONTRACTOR and such loads cempacted within each truck to ensure maximum capacity. 9. The CONTRACTOR may expect to encounter white goods available for disposal. White goods will constitute household appliances as defined in the Fiodda Administrative Code. The CONTRACTOR shall dispose of all white goods encountered in accordance with applicable Federal, State and local laws. 1.4. Equipment, Materials and Labor. 1. The CONTRACTOR shall provide ail equipment, materials, operators and laborers for debris removal operations and maintenance of all necessary equipment, including fuel, grease and repairs of all necessary equipment. CONTRACTOR shall also provide its laborers all protective clothing (including hard hats and steel-toed boots), hand tools, transportation and supervision necessary to perform under this Contract. Safety of the CONTRACTOR's personnel and equipment is the responsibility of the CONTRACTOR. 3 2. All trucks and equipment must be in compliance with all applicable federal, state and local rules and regulations. Trucks used to haul debris must be capable of rapidly dumping their load without the assistance of other equipment, be equipped with a tailgate that will effectively contain the debds during transport and shall permit the trucks to be filled to capacity. Cyclone fence may be used as temporary tailgates if they comply with the following specifications: - Fencing must be permanently attached to one side of the truck. - After loading, the fencing must be tied to the other side of the truck bed at two places with heavy gauge wire. - Fencing must extend to the bottom of the truck bed. - After loading bottom of fencing shall be tight against the bed of the truck and secured at a minimum of two locations. - Solid iron metal bars must be secured to both sides of the fencing. 3. CONTRACTOR shall submit to the CITY certification indicating the type of vehicle, make and model, license plate number, equipment number and measured maximum volume, in cubic yards, of the load bed of each piece of equipment utilized to haul debris. Maximum volumes shall be calculated from actual internal physical measurement and, if over 0.4 CY, may be rounded up to the nearest cubic yard. The CITY may independently vedty capacity and mark the outside of such equipment with the verified equipment capacity. 4. The CONTRACTOR shall affix to each piece of equipment, signs or markings indicating the Owner Operator's name, unique equipment identification number, and, if applicable, the cubic yard capacity of the load bed. Signs shall be maintained in an easily readable manner for the duration of the work. 1.5. Permits and Regulations. Permits and licenses of a temporary nature necessary for the provision of the Services shall be secured and paid for by the CONTRACTOR unless otherwise stated in this Contract. The CONTRACTOR shall not be held responsible to secure permits and/or licenses, the requirements for which have or will be waived due to a State or local declaration of an emergency or disaster. CiTY will assist CONTRACTOR in obtaining permits and licenses, to the extent reasonably possible, but such assistance will not reduce CONTRACTOR's obligations to obtain same. 1.6. Supervision; Operations Manager. 1. The CONTRACTOR will supervise and direct all services. The CONTRACTOR is solely responsible for the means, methods, techniques, sequences, safety program and procedures. CONTRACTOR will employ and maintain on each work site qualified supervisor(s). 2. CONTRACTOR will employ and assign an "Operations Manager" who shall have full authority to act on behalf of the CONTRACTOR and all 4 communications given to the supervisor by the CITY's Authorized Representative shall be binding as if given to the CONTRACTOR. After issuance of a Mobilization Notice, CONTRACTOR will advise the CITY of the name and contact information for the Operations Manager. The Operation's Manager shall be on call 24-hours per day, seven days per week, and shall have be available by cell phone. This position will not require a constant presence, but the Operations Manager must be physically capable of responding to the CITY's Authorized Representative within 30 minutes of notification. 1.7. Changea in Services. The CITY may order changes within the scope of Services without invalidating this Contract. All changes affecting the project's costs or modifications of the terms, conditions, and the scope of Services of this Contract shall be authorized by means of a written Contract Change Order signed by both the CITY and the CONTRACTOR, before CONTRACTOR may proceed with any changes to the Services. 2.1. The CITY shall furnish all information and documents necessary for the commencement of work, including valid written Mobilization Notices. 2.2. The CITY shall designate David Harden, City Manager as its Authorized Representative under this Contract. He shall have authority to transmit instructions, receive information, Interpret and define CiTY's policies and decision with respect to CONTRACTOR's services under this Contract. CITY may change its designated contact person by written notice to CONTRACTOR. Contact: David Harden phone no.: (561)243-7010 2.3. The CITY shall provide inspectors for the monitoring of debris operations. 2.4. The CiTY will assist CONTRACTOR in obtaining permits and licenses, to the extent reasonably possible, but such assistance will not reduce CONTRACTOR's obligations to obtain same. 3. Term of Contract. 3.1. Term. The term of this Contract shall commence on the date of, execution by the CITY, and shall expire on July 14, 2007. 3.2. Commencement. CONTRACTOR'S provision of Services under this Contract shall commence upon receipt from the CITY of a Mobilization Notice and shall terminate when directed by the CITY. 4. Payment. 4.1. Unit Prices. 1. CONTRACTOR shall bill for work performed at the SWA Unit Prices, attached as Exhibit uC" to this Contract. 2. Payment for debds removal and hauling will be based on the quantity of debds hauled in cubic yards or yard/miles depending on where the debris is taken. Debris hauled to a debris management site will be estimated in cubic yards by either a CITY representative or SWA at a debris management site, and recorded on a load ticket form, as distributed by the CITY or SWA. Debris hauled to a permanent landfill will be paid based on yard-miles recorded on an approved load ticket. One copy of each load ticket will be delivered to the CITY daily. 4.2. Invo!Ces~ CONTRACTOR may invoice the CITY not more than once every f~een (15)' days. Each invoice shall Spec~ the period covered by the invoice and provide detail of the work performed~ inclUding verification of each cubic yardage load ticket and d~iiY summary sheet indicating the vedfied load receipt and invoiced amount. Each invoice shall be signed by the CONTRACTOR and be supported by such data as the CITY may reasonably require. Payment will be made against CONTRACTOR's invoice after verification of accuracy of invoice based on load tickets. 4.3. Disputed Charges. Disputed charges, identified by load ticket or otherwise, shall be returned to the CONTRACTOR for additional supporting documentation of clarification prior to payment. CITY will promptly pay the undisputed portion of any invoice as provided herein. ~ 4.4; InsPecti0nsl The CITY and the CONTRACTOR shall have inspectors/ supervisors in the field with each work crew to monitor, record, and sign time sheets for the actual times worked for each piece of equipment and crew member present at a particular work site and Sign load tickets. These s!gr~ed_ r~ecords sh~!! be the basis for the CONTRACTOR's invoice to the CITY and ~pies of these records shall be submitted with the respective invoice. 4.5. Rate Increases. Upon each anniversary date of this contract, the fees/unit prices may be adjusted upward, based on the Consumer Price Index All Urban Consumers All items. At no time shall the fees under this Contract differ from adjusted SWA Unit Prices during the term of the SWA Contract. 5. Performance. 5.1 Bonds. The CONTRACTOR shall provide to the City, on forms furnished by the City, a Performance Bond and a Labor and Matedal Payment Bond ("Bond") each in an amount not less than $500,000 upon receipt of a Mobilization Notice. The Bond shall incorporate by reference the terms of the Contract Documents in its entirety. Except as otherwise agreed to in writing, the Contractor's Surety waives all rights against the City and any of its agents and employees, for damages or other causes of loss by Contractor's Surety performance of its obligations under the performance bond, including claims by Contractor's Surety against the City for costs it asserts were not warranted by these Contract Documents and excluding only such rights as they have to proceeds of such insurance held by the City as fiduciary. This waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the bond premium directly or indirectly, and whether or not the person or entity had an insurable or suretyship interest in the property allegedly damaged. 6. General Terms and Conditions. 6.1. Insurance and Indemnification. 1. Within twenty (20) days of execution of this Contract, CONTRACTOR shall obtain and provide to the CITY evidence that it has obtained all insurance required under this Contract. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. CONTRACTOR shall furnish Certificates of Insurance to the CITY which cleady indicate that the CONTRACTOR has obtained insurance of the type, amount and classification as required for strict compliance with this paragraph and that no matedal change or cancellation of the insurance shall be effective without thirty (30) days prior wdtten notice to the CITY. New certificates of insurance are to be provided to the CITY at least fifteen (15) days pdor to coverage renewals. Receipt of Certificates or other documentation of insurance or policies or copies of policies by the CITY or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of CONTRACTOR's obligation to fulfill the insurance requirements herein. 2. CONTRACTOR shall maintain dudng the term of this Contract the following insurance policies wdtten by an insurance company authorized to do business in Florida: a) Comprehensive General Liability insurance with bodily injury limits of not less than $1,000,000 for each occurrence and with property damage limits of not less than $1,000,000 each occurrence, including Contractor's Protective Coverage for any subcontractor operations. b) Automobile Liability insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not-less than $1,000,000 each accident. c) Worker's Compensation insurance in accordance with statutory requirements. 7 3. CONTRACTOR shall name the CITY as an Additional Insured under its comprehensive general and automobile liability insurance. 4. CONTRACTOR shall be entirely responsible for securing Certificates of insurance coverage as set forth above from all subcontractors who are engaged in CITY work. 6.2, 5. The CONTRACTOR hereby agrees to indemnify, defend and hold harmless the CITY and its employees, agents and authorized representatives with respect to any and all costs, claims, damages and liability which may arise out of the performance of this Contract as a result of any negligent acts, errors or omissions or willful misconduct of the CONTRACTOR or CONTRACTOR's subcontractors, or any other person or entity under the director or control of the CONTRACTOR. CONTRACTOR shall pay ail claims and losses arising out of CONTRACTOR's negligent acts, errors, or omissions or of its willful misconduct and shall defend ail suits, in the name of the CITY, its employees, agent and authorized representatives when applicable, including appellate proceedings, and shall pay ail costs, judgments and attorneys' fees which may issue thereon. Sub-Contracting. 1. The CONTRACTOR shall be fully responsible to CITY for the acts and omissions for its subcontractors and of persons directly or indirectly employed by them, as the CONTRACTOR is for the acts and omissions of persons employed by it. 2. The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts giving the CONTRACTOR the same powers regarding terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provisions of this Contract. Nothing contained in this Contract shall create any contractual relationship between any subcontractor and the CITY. The CONTRACTOR shall supply the names and addresses of subcontractors and materials suppliers when requested to do so by the CITY upon issuance of a Notice to Proceed and shall update same on a biweekly basis after issuance of a Notice to Proceed. 3. The CONTRACTOR shall not use a subcontractor or material supplier to whom the CITY reasonably objects, and shall make all reasonable attempts to subcontract with local firms currently doing business within the CITY and/or Palm Beach County, Florida. All subcontractors will operate in strict accord with local, state, and federal laws governing the type of work to be performed. 6.3. Independent Contractor. The CONTRACTOR and any subcontractors are, and shall be, in the performance of all Services under this Contract, independent contractor(s) and not employees, agents or servants of the CITY. All persons engaged in any of the Services performed hereunder shall; at all times and in all places, be subject to CONTRACTORS sole direction, supervision and control. CONTRACTOR shall exercise control over the means and manner in-which its employees perform the Services. 6.4. Taxes. The CONTRACTOR agrees and understands that it shall not. be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the City, nor is the CONTRACTOR authorized to use the CITY's tax exemption number in securing such materials. The CONTRACTOR shall be responsible for payment of its own and its share of its employees' payroll taxes and benefits with respect hereof. 6.5. Public Records Law. The Contractor shall 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 Contractor in conjunction with this Contract. Failure by the Contractor to grant such public access shall be grounds for immediate unilateral cancellation of this Contract by the City. 6.6. Nondiscrimination. The CONTRACTOR warrants and represents that all of its employees, applicants for employment and subcontractors are treated equally without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status or sexual orientation. 6.7. Drug Free Workplace. The CONTRACTOR acknowledges that the CITY is a Drug Free Workplace. It is unlawful to manufacture, distribute, dispense and/or have possession, or use of a controlled substance in the workplace. The CONTRACTOR shall make a good faith effort to maintain a drug free workplace in providing services under this Contract. CONTRACTOR shall execute and deliver a Drug Free Workplace Form certification with the execution of this Contract. 6.8. Authority to Conduct Business. CONTRACTOR hereby represents that it has and will continue to maintain all State and local licenses and approval required to conduct its business and will abide by all laws regarding same. CONTRACTOR will at all times conduct its business in a reputable manner. Proof of licenses or permits shall be submitted to the CITY upon execution of the Contract. 6.9. No Lien. The CONTRACTOR shall not at any time suffer or permit any lien, attachment, or any other encumbrance under the laws of the State of Flodda, or otherwise, by any person or persons whomsoever to be filed or recorded against the CITY against any money due or to become due for any work done or materials furnished under this Contract by CONTRACTOR. 6.10. Waiver. No waiver of a breach of any provision of this Contract shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 6.11. Remedies. No remedy herein is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No exercise by any party of any dght, power or remedy hereunder shall preclude any other or further exercise thereof. In any legal action brought to enforce this Contract both parties shall bear their own attorney's fees and costs. 6.12. Termination. Either party may terminate this Contract upon 90 days written notice to the other party. 6.13. Pledge. The CONTRACTOR shall not pledge the CITY's credit or make it a guarantor of payment of surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 6.14. Severability. Should any provisions, paragraphs, sentences, words or phrases contained in this Contract be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, and to the extent they cannot be so modified, then same shall be deemed severable, and in either event, the remaining terms and provisions in this Contract shall remain unmodified and in full force and effect. 6.15. Modification. There may be no modification of this Contract, except in a writing. 6.16. Assignment. Neither party shall assign this Contract or any interest herein, or delegate any of its duties hereunder. 6.17. Governing Law/Jurisdiction/Enforcement. This Contract shall be construed and enforced according to the laws of the State of Florida. The parties hereto agree that the state or federal courts located in the State of Florida shall have the exclusive jurisdiction over the parties and the subject matter of any litigation between the parties arising hereunder. For purposes of state court action, venue shall lie in Palm Beach County, Florida, and for purposes of federal court action, venue shall lie in the Southern District of Florida. 6.18. Notice. All notices required in this Contract shall be faxed, if possible, or hand delivered to: CITY: City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, FL 33444 Fax 561-243-7199 CONTRACTOR: D&J Enterprises, Inc. 3495 Lee Road, No. 10 10 Aubum, AL 36832 6.19. Audits. CONTRACTOR may be subject to audit by federal, state and local agencies pursuant to this Contract. CONTRACTOR shall maintain adequate records to justify all charges, expenses and costs incurred in performing the services hereunder for at least three (3) years from the date of final payment of this Contract. CITY shall have access to such books, records, and documents for the purpose of inspection or audit during normal business hours at CONTRACTOR's place of business. 6.20. Entire Agreement. This Contract and Exhibits referred to herein, contain the entire agreement of the parties, and there are no other binding promises or conditions in any other agreement whether oral or written. None of the provisions contained herein may be modified or added to except by written instrument executed by both parties and properly authorized by the CITY. The CITY and CONTRACTOR each bind itself and its successors and assigns to this Contract This Contract may not be assigned without the written consent of the other party hereto. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CITY. IN WITNESS THEREOF, the parties hereto have made and executed this Contract and have hereunto signed in their names by their duly authorized representatives on the date above written. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: By: City Clerk , Mayor Approved as to Form: CITY OF DELRAY BEACH By:. By: City Attomey WITNESSES: (Name Printed or Typed) (Name Pd~t~ or ~...~ped) 1] Mobilization Schedule. shall commence mobilization of'cqulpmmk operato~ and laborers immedhtely upotz r~eipt of t ~obiltntion Ta~ Order to meet the pro. ess ps ftc3 set below. ~ ~0dm ViMdn 14 Offs I00% 7~'~ 100~ 20% 70% 100% 90% I00% .) PALM BEACH COUNTY HURRICANE CLEAN UP EMERGENCY GUIDELINES Enclosure 9 Palm Beach County Deb~ Management Plan Construction and Demolition Debris Management Site. Operational Guidelines When local governments are preparing temporary facilities for handling debris resulting from the cleanup efforts due to hufficane damage, the following guldel'mes should be considered when establlehing Debds Management Sites'(DM sites) for Construction & Demolition (C&D) debris. These guidelines apply only to sites for staging/~ansferring C&D storm debris (roof shingles/roofing materials, carpet, insulation, wallboa'rd, treatod and painted lumber, et~). Arrangements should be made to screen out unsuitable mate~als, such as household garbage, ~ftEe goods, asbestos containing materials (ACM'a), and household hazardous waste. Debris Management Sites Locating DM sees for staging/lmnsferrlng C&D waste can be accomplished by evaluating potential sites and by revisit sites used in the past to see if see condil~3ns have changed or if the surrounding areas have changed significantly to alter the use of the site. The following guidelines am presented in locating a site for ,stagingP, ransfenJng" and are considered 'minimum standards, for selecting a see for 1.. Sites .should be located Outside of identifiable or known .~ltondplain and flood prone areas, consult the Flood Insurance Rata Map for the location In your county to varify these areas. Due to hesw' mina aasoc;a;~:! with hurricanes and saturated conditiop, s that result, flooding may occur more frequently than normally expe~.ed. Hauler unloading areas for incoming C&D debris material should be at a minimum 100 feet from all surface waters ofthe state. 'Watars Of the state" includes but is not limited to small crc~-a'..s, streams, watercourses, ditches thst maintain seasonal groundwater levels, ponds, wetlands, etc. Storage areas for incoming C&D debris shall be at least 100 fe~t from the site property boundaries, on-site buildings/structures, and septic tanks with leach fields or at least 250 feet from off-sEe residential dwellings, commercial or pubic structures, and potable water supply walls, whichever is greatar. Materials separated from incoming C&D debris (White goods, SCrap metal, etc.) shall be at least 50 feet from site proper[7 lines. Other non-transferable C&D wastes (household garbage, larger containers of liquid, household hazardous waste ~'hall be placed ilYcontainers and transported to the appropriate facilities.as soon as possible. 46 5. Sites that have Identified wetlands should, be avoided,, if possible. If wefJands exist or wetland features appear at a potential sites the areas should be flagged and a lO0- foot buffer shall be maintained for all activities on-going at the site. 6. Sites bisected by overhead power transmission lines n.eed ~areful consk~ration due to large dump body trucks/trailers used to haul debris, and underground utilizes need to be iden6fled due to the potential for site disturbance by truck/equipment traffic and possible site grading. 7. Sites shall have an attendant(s) during operating ho~rs to minimb_e the acceptance of. unappmved materials and to provide directions to haulem and private cffdzens bringing in debris. 8. Sites should be secure after operating hours to prevent unautho~zed access to lhe site. Tempormy measur~ to Emit a<~ess to the site could be the use of Imcks'or equipment to block'ent~. Gates, cables, or swing pipes should be inslalled as soon as possible for [3errnanent access control, if a site is to be used longer than two weeks. · 9. l~ ~s~, s~ ~ s~ l ~ balled to Inf;.lam ~ ~' l ~ ~c on types of waste accepted, hours of operation, and who to copra. 'ct in case of alter hours emergency. 10.Final written approval ia required from the SWA EMC to consider any debris management site to be closed. Closure of processin~recycling sites shall be within one (1) year of receiving waste. If site ope~-a~ons v,411 be necessary beyond this ~ne flame, permiffing of the site by the Solid Waste Secllon may be required. If conditions at the site become'injurioUS to public heallh and fie environment, then the site shall be closed until conditions are-corrected or permaner~y dosed. Closure of sites shall be in accordance with the closure and restora~on of tempormy debds management sites guidelines. 47 Palm Beach County Deixb Management Plan Establishing Debris Management Sites for Burning and' Grinding. Operations General When preparing temporary facilities for handling debris resulting from the clean up eff0rla due to hurricane damage, the following guidelines should be considered when establishing Debris Management Sites (DM sites) for Burning and Gd[ldi~g Operations. These guidelines apply only to sites for gdnding or buming vegetative storm debde (yard waste, lxees, limbs, stumps, branches, and untreated or unpainted wood).' Arrangements should be made to semen out unsuitable materials. 'rhe two method (a) of managing vegetative and land clearing atona debris is "chipping/grinding' for use. in landscape mulch, 'compost preparation, and in~luatdal · boiler fuel or using an 'air curtain burner (ACB)", with the resulting ash being land applied as a liming agent or incorporated into a finished compost product as needed. Chipping and Grinding DM ait~ Locating. DM sites for chiPPing/grinding of vegetative and land claaring'deb~s will .r,~.uim .a detailed eValuation of potential sites and possible revises at future dates to See 'if site Conditions hove changed or if' the surrounding areas have changed signiflcerray to alter the use oftha site. ~. The following guidelines are presented in Iocaling a site for 'chipping/grinding" and are considered 'minimum standards" for eele(~lng a site for uae: 1. Sites should be 'located outside of identifiable or known tioodplain and flood prone areas; consult lhe Flood Insurance Rate Map for the location in your county to verify theae areas. Due to heavy reins associated with hurricanes and saturated cendilions that result, flooding may occur more frequently than normally expected. 2. Storage areas for incoming debris and processed material should be at a minimum 100 feet from all sudace waters of the state. "VVaters of the state" includes but Is not limited to small creeks, streams, watercourses, ditches that maintain seasonal groundwater levels, ponds, wetlands, etc. 3. Storage areas for incoming debris and processed material shall be at least 100 feet from the site property boundaries and on-site buildings/structures. Management of pr~.. ~KI material shall be in accordance ~ the guidelines for reducing the potential for spontaneous comSr~stion in compost/mulch piles. '. . .... 48 '~ 4. Storage areasfor incoming debris shall be located at least40G feet ~Om r~sider, t~ dwellings, commercial or pubflc stmc~res, .potable water supply wells,, and sept~ 5. Sites that have ident~ed wetlands should be avoided, if possible. If wetlands exist or wetland features appear at a potential site, the areas shall be flagged and a lO0-foot buffer shall be maintained for ali act~iOes on-going at lhe site. 6. ST<es bisected by overhead power transmission fines need careful cx)nsidemflon due · to large dump body trucks/trailers used to haul debris, and underground utird~es need to be idenf~ed due to the potential for site disturbance by truck/equipment baltic and possible site gradlng. 7. 81tes shall have an ~d~endant(s) dudng operating hours to rninirnize the acceptance · of unapproved materials and to provide direc~ms to haulers and private ciUzerm bringing In debris. 81res should be secure after operate] hours to prevent unauthori~_ed access to the site. Tempormy n~eaSUres to limit access to ~e site could be tfm use of tracks or equipment to block entry..Gates, cables, or swing pipes should be. instafl(KI as soon as possible for pennanent ac=ess coffin31, if a site is to be used longer than two weeks. Sites should, have adequate a=~ss that prohibits tmfl~ from backing .onto. publlc rights-of-way or blocking pdrnap/and/or seconda~ roads to the site.. 9. When possible, signs should be Installed to inform haulers and the general public on types of waste accepted, houm of operation, and who to contact in case of an after houm emergency. :¶0. Grinding of dean wood waste such as pallets arid segregated non-pabffed/non- treated dimensional lumber is allowed. 11..Final written approval, is required, from ~e SW^ EMC to conafglm- any debrb management site to be do~ed. Closure of staging and ~ 8ires shoe be wif~ln six (6) months of receiving waste. If sl~ operations wB be necessary beyond this time frame, permlf~ng of the site. may be required. If condflions at the site become Injurlous to public health and the environment, then the site shall be closed untl conditions are corrected 'or permanerdJy closed. Closure of sites shall be in accordance with the closure and restoration guidelines for DM sees. Air Curtain Burner Sites Locating sites that are Intended for air curtain burning (ACB) operations Is a coordinated elforl between the Solid Waste ,Aulhority and local air quality officials for evaluating the. sunoundlng areas and to reevaluate potential sites' used in the past. 'The following guidelines are presented for selecting an ACB site and operational requirements once a site is in use: · 49 Palm Beach County Debris Management Plan Contact the local fire marshal or fire department for input into site selection in order to minimize the potential for fire hazards, other potential problems related to fire. fighting that could be presented by the location of the see, and to .ensure that adequate fire protection resources area available in the event of an emergency. 2. The r.~uimmenta for ACB device(s), in accordance with local air quality rules require the following buffers: a minimum of 500 feet from the ACB device to homes, dwellings and other structures and 250 feet from roadways. Contact the local office of air quality for updates or Changes to their requirements. Sites should be located outside of identifiable or known floodplain and flood prone ames; consult the Rood insurance'Rata Map for the location in your county to veery these areas. Due to heavy rains associated with hunicanea and saturated conditions that result, flooding may occur mom frequently than normally expected. If ACB pit devices are util'~cl, · minimum two-foc~ separation to the seasonal high water table le recommended. A langor buffer to the seasonal high water table may be nscesemy due to on-site sob conditions and topography. 4. Storage areas for incoming debris should be at a minimum t00 feet from all sudaca waters of the state. 'Waters of the state" Includes but la not limited to small creeks, streams, watercoumes, ditches that maintain seasonal groundwater levels, ponds, wetlands, et~ 5. Storage areas'for incoming debris shall be located at least 100 feet from pmpa;ty boundaries and on-site buildings/structures.. Air Curtain Burners in use Should be located at least 200 feet from on-site sto[age areas for Incoming debris, on-sits dwellings and other, strueturse, potable water supply wells, and septk= tanks and leaching fields. 7. Wood ash stored on-site ~hall be located at least 200 .feet from storage areas for incoming debris, processed mulch or tub grinders (if a grinding site and ACB see le located on the same property). Wood ash shall be wetted prior to removal from the ACB device or earth pit and placed in storage. If the wood ash.is to be stored prior to removal from the- site, then rewetting may be necessary to minimize airborne emissions. 8. Wood ash to be I~nd applied on site or off site shall be managed in accordance~with · the guidelines for the land applicetion of wood ash from storm debris bum sltes. The ash shall be Incorporated into the soil by the end of the operational day or sooner if the wood ash becomes dry and airborne. g. Sites that have iden~d wetlands should be avoided, if possible. If wetlands exist or wetland features appear at a potential sito it will be necessa~ to delineate areas of concern. Once areas are delineatod, the areas shall be flagged, and a 100-foot buffer shall be maintained for all aclJvities on-going at the site. lO. Sites bisected by overhead power transmission lines need careful consideration due to large dump body tracks/troffers used to haul debris and the Intense heat generated by the ACB device. Underground utilities need to be Identified prior to digging pits for using the ACB device. 11.Provisione should be .made to prevent unauthoF~d access to fadlltles when not open for use. As a temporary measure, access can be secured by'blocldng drive~ or entrances with bucks or other equipment when the facilities am dosed. Gates, cables, or other n~ore standard types of access .control should be installed as soen as possible 12.When'POSSible, ~ signs with oPerating hours, and Information abeu~ what types of Cle~n up waste may be accepted. Also Include Information as to whether only commercial haulers orthe general public, rnay deposit waste. 13.Closure of air curtain burner Sites shall be within slx (6) montt~ of receiving waste. If site operations will be necessary beyond this time frame, perm#ting of the site may be required. If condi~3ns at the site become Injurious to publk= heallh and the environment, then the. site .shall be closed until conditions am corrected or permanently closed. Closure of sites shall be In accordance with. the guidelines for ck3sure and restoration of DM sites $! Guidelines for the Land Application of Wood Ash from Storm Debris Burn Sites 1. Whenever pesslble, soil test data and waste analysis of the ash should be available to determine appropriate application rate. 2. In the absence of test date to indicate agronomic rates, application should be I*mdted to 2 to 4 tons per acre/one time event. If additional applicat~ns are nece~, due to the volume of ash generated and time .frame in which the ash is generated, then. an ash. management plan will be needed. 3. Ash should be land applied in a similar manner as agricultural Ilnmatone. 4. Ash should not be land applied during periods.of high wind to avoid the ash blowing off the application Sites. · 5. Ash should not be land applied within 25 f:~ of surface watem or within $ feet of drainage ways or ditches onsites that are stabilized with vegetation. These distances .. should be doubled on sites that are not vegetated and the ash should be promptly Incorporated into the soil. 8. ReCOrds should be maintained to indicate where ash ts' applied and the approximate 7..~s an option to land appllca~on, ash may be managed at'a Permitted munidpal ~olid waste landfill after cooled to prevent possible fire. 8. Assistance in obtelnlng soil test data and waste analysis Of aah should be available through county offices of tbe Extermion 8endoe. 52 Debds Management Plan Household Hazardous Waste Temporary Collection Events When local governments are preparing tompomry fac~ies for handling household. guidelines should be considered. The local, govemment should choose a HHW contractor to set up a colleclion site. The contractor should be able to assist in scL~ng a site that is ease/ accessrole, accommod~ the contractor's equipment, and accommodatoa traf~c. Centrally Ioca~ sites am usually set up at a pa~k, fairgrounds, or local government facility parking IoL The local government may choose a milk-run type collection at sites'a(.-(,~ the county. In this case the HHW contractor collects HI-IW for a certain time pedod at one sim and then moves on to Itte nexL 53 Palm Be~ch C~Jnty Deb~~'Pm Guidelines for Reducing the Potential for Spontaneous" Combustion in Compost or Mulch Piles ' · 1. When ground organic debris is put into pges, microorganisms can very quickly begin to decompose the organic materi~l~. The microorganlsms generate heat and volatile gases as a result of the decomposition pr ..~.. Temperatures in these piles can easily rise to more than 160 degrees FahrenheiL Spontaneous combustion can occur in these situations. 2: Spontaneous ~mbus~ion is more r~<ely to occur In larger pile~ of debris because of'- a greater' possibility of volatile gases building up in the piles and being Ignited by the high temperatures. If wind row can be maintained 5 feet to 6 feet high and 8 feet to 10 feet wide, volatile gases have a better chance of escaping the plies; and the po~sro~ty of spontaneous combustion.wm be reduced~ 3. Tuming piles when temperatum~ reach 160 degrees can. also reduce the potential' for spontaneous comb0stion. Pile turning provides an opportunity for gase~ to escape and for the contents of the pile to cool. Adding moisture during turning ~ Increase cooling. Controlling the amount of nitrogen-bearing (green) wastee in piles v~l also help to reduce the risk of fire. ~ less nraogen in the piles ~e slower the decomposition pm and consequently the less heat. generated and gases released. Large.piles.~hould be kept away. from wooded areas and structures and should be accessible to fire fighting equipment; if a tim mm °°CUr~ Efforl~ Should be made to avoid driving or operating, heavy equipment'on '~arge piles beo~use compacUon will inomase the amount of heat build-up, which oould inorea~a possibility of spontaneous combu~on. $4 pakn Beach Cour~y Guidelifies for Closure and Re~t0ration of Debris Management Sites accomplished within 30 days of receiving me ms~ ~au - Matedal Removal ~...r.~.=~,d and Unprocessed vegetative ~ ~ ined debr~ shall be 2. Tires must be disposed of at a scrap ~re collec~o~pr~x~,,q; ,~,~-,~. ------ o- 3. Bum residues s_One oe mm~. v~d ,~,.~- ~,~,~n~ttachment 2. m ' ..... ,_._.~ ....,..4 and other mat~na! ~om demo ....... debfls (s~ #t above) as w~ll a~ irmrt debris that is mixed with I~ ~emoved to a properby permitted O&O ~.ling (acillb/, C&D landfill, o~ muniolpal' Stabilization - . ~ · Vegetative cover, mn accoroanoe with regulaaon~ u, ~ Agency Approval site t° de{ermine tithe SRe Re-approval Sites that were approved as temporap/ staging or processing sites will require approval for Iong-te;m storage, continuing reduction processing, permanent disposal if site is not closed out in accordance with guidelines stated here. Sites shall be managed and mo~ito;ed in accordance with the Department of Envkonmental Protect]on and to prevent threats to the envir~.'ment or public hea~. 55 HURRICANF. JDI~ASTER DEBRI~ REMOVAl. REDUCTION, AHD DISPOSAL D & ,J ENTERPRISES, INC. - CONTRACT NO. 01,,253 PART A 1.0 PU~C Properb/and Right of Way Pickup and Hauang to a cleaignated Tempora~ Delxt8 Management 81~ or Disposal Facaity $.0 or less ~ away (oc.= ;;'ay ntllea). CY $ 4.80 z.o Pubic rmpe~, dgl~o~,my, o~ ?emlx~.ry YI~M~I~ . 4.0 Proc<rasing e~ de~. through grln~ng and/or CY $ 2.00 5.0 Volume reduc~ion ~:~ugh air mrtaln Indnera~. or open bum~. CY $ · o UNIT PRICE8 Exltlbit B YARD..MILE8 (Es6mated yards In Iruc~ x Bkl Rate per yard (Item 1.0)) plus (Esllmated yards In Irdc~ x (One-way ~ minus 5.0) x Bid Rate per Yard-Ml~ (Item 2.0)). Coatract No. 01-253 7/2/2001 ' T~ David Harden, City Manager From: Lula Butler, Director, Community Improvement ~ Dat~. July 29, 2004 I~e: City Commission Approval - General Rules of Procedure of the Code Enforcement Board ITEM BEFORE THE COMMISSON: Commission approval of the General Rules of Procedure of the Code Enforcement Board pursuant to Chapter 37, Section 37.21 of the Code of Ordinances. BACKGROUND: The Code Enforcement Board reviews its rules and regulations every 2 years and adopts amendments as deemed necessary to improve its proceedings and clarity. On May 25, 2004, the Code Enforcement Board adopted rules and regulations as attached. RECOMMENDATION: Staff is recommending that the Commission approve the General Rules of Procedure for the Code Enfomement Board as presented. LB:DQ Attachments GENERAL RULES OF PROCEDURE OF THE CODE ENFORCEMENT BOARD CITY OF DELRAY BEACH, FLORIDA Article I: General. The Code Enforcement Board (hereinafter referred to as "the Board") shall be governed by Chapter 37 of the Code of Ordinances of the City of Delray Beach, Florida, (hereinafter referred to as "the City"), Chapter 162 of the Florida Statutes and the General Rules of Procedure set forth herein, as adopted by the Board and approved by the City Commission of the City. Article I1: Officers. 1. The Board shall elect a Chairperson and a Vice-Chairperson annually in the month of January at a regularly scheduled hearing from among its members by a majority vote of its members present and voting at the time of election. 2. The Chairperson, or in the absence of the Chairperson, the Vice-Chairperson, shall preside at all proceedings of the Board and shall rule on all points of order and procedure. If both the Chairperson and the Vice-Chairperson are absent at a particular hearing, the members present at that hearing shall, by majority vote, elect a member to preside at that hearing only. 3. The Board Clerk, appointed by the City Manager, shall administer oaths, record proceedings of the Board, keep minutes of proceedings, take roll calls, record votes of the Board and carry out related duties pertaining to preparation, posting, and distribution of agendas, distribution of materials to Board members and preparation of Board Orders for signature. The Board Clerk's designee shall assume the aforementioned duties in the absence of the Board Clerk. Article II1: Hearings, Quorum, Order of Business, Conflicts. 1. The Board shall conduct a hearing on the second Tuesday and on the fourth Tuesday of each month, except during the months of November and December, at 1:30 p.m. at City Hall in the City, unless there is no cause to hold such hearing or if a particular hearing coincides with a Holiday as designated by the City. Annually in November and December, the Board shall conduct a hearing only on the second Tuesday. 2. Upon request of the Code Enforcement Officer, or at such other times as may be necessary, the Chairperson of the Board may call hearings of the Board. Hearings may also be called by written notice signed by at least three members of the Board. 3. A quorum is required to conduct a hearing. A quorum shall consist of four (4) or more members of the Board. All findings and orders of the Board require a vote of a majority of its members present and voting, except that at least four (4) members of the Board must vote. 4. All hearings shall be open to the public. The Board Clerk shall administer oaths to all persons testifying before the Board. 5. The order of business at hearings shall be: a) b) c) d) e) f) g) h) i) Call hearing to order. Call roll of members. Dismiss or postpone cases. Administer oath. Call cases of respondents in attendance in order that they signed the attendance sheet and then call remaining cases in order as listed on the agenda. Discuss unfinished business. Discuss new business. Approve minutes from prior hearing. Adjourn hearing. The Chairperson may change the aforementioned order of business after a motion to change the order is passed by a majority vote of those members attending the hearing. 6. If all business cannot be finished, the Board may adjourn unfinished items to a future time and future date certain. Notice of the future time and future date shall be given to the respondents affected by the adjournment. 7. Conflicts: A Board member shall not abstain from voting unless the member has a conflict of interest pursuant to the requirements of Florida Statutes, Chapter 112, Section 112.3143(4)(a). Article IV. Absences, Removal from Office. If any regular member fails to attend two (2) of three (3) successive hearings without cause and without prior approval of the Chairperson, that member's office shall be deemed vacant, and the City Commission shall promptly fill such vacancy. Board members may be suspended or removed for cause according to the procedures for removal as set forth in the Code of Ordinances of the City. Article V. Parliamentary Procedure. Roberts Rules of Order shall be the final authority concerning questions of parliamentary procedures. 2 Article VI. 1. Hearing Procedures. The Board shall be governed by the following rules: a) Hearings shall be informal and need not be conducted according to technical rules of evidence. Hearings shall be conducted in accordance with accepted parliamentary procedures relative to motions, votes and decisions. Fundamental due process shall be observed and shall govern all hearings. b) All relevant evidence shall be admitted if, in the opinion of the Board, it is the type of evidence upon which a reasonable and responsible person would normally rely in the conduct of business affairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissible over objections in civil actions. The Chairperson of the Board may exclude irrelevant or repetitious evidence. c) Should a Board member request additional information not included in the supporting materials provided for a particular case on an agenda, the request shall be directed to the Chairperson. The Chairperson shall request that the Board members present vote as to whether the requested materials are necessary to render a decision in the particular case. If the Board by a majority vote of those members present determines that the requested additional materials are necessary, the case shall be postponed to a future date and time certain to allow the Board Clerk to locate the requested information. d) Hearsay evidence may be accepted for the purpose of supplementing or explaining direct evidence, but such hearsay evidence shall not in and of itself be considered sufficient to support a finding or decision, unless the evidence would be admissible over objections in a civil action. e) Each party to the hearing shall have the right to call and examine witnesses, introduce and examine evidence, introduce exhibits, cross-examine opposing witnesses, impeach witnesses, and rebut evidence. f) The respondent has the right to retain an attorney for representation at a hearing. All testimony before the Board shall be under oath and shall be recorded. The respondent 3 or the City may cause the proceedings to be recorded by a certified court reporter or by a certified recording instrument. g) If the City prevails in prosecuting a case before the Board, it shall be entitled to recover all costs incurred in prosecuting the case before the Board. 2. Proceedings relating to hearings shall be in the following order: a) Prosecution by Code Enforcement Administrator or his/her designee. b) Defense by respondent. c) Questions of Code Enforcement Administrator or his/her designee from Board member(s) recognized by Chairperson. d) Questions to respondent by Board Member(s) recognized by Chairperson. e) Rebuttal by respondent, if any. f) Rebuttal by Code Enforcement Administrator or his/her designee, if any. g) Disposition of case by Board. Article VII. Powers of the Board. The Board shall have the powers to adopt rules for the conduct of its hearings not otherwise in conflict with Chapter 37 of the Code of Ordinances of the City, and Chapter 162 Florida Statutes, to subpoena alleged violators and witnesses to its hearings, to subpoena evidence, to take testimony under oath, and to issue orders having the force of law commanding whatever steps are necessary to effect compliance. The City, the Board, or the respondent may request that witnesses and records, including surveys, plats, and other materials, and other evidence be subpoenaed to any formal hearing. The Chairperson shall provide the Board Clerk with sufficient signed and blank witness subpoenas to be provided to a respondent for the purpose of subpoenaing witnesses, records, and other evidence. The respondent shall pay to the City a fee of $22.00 for each subpoena issued. Article VIII. Appeals, Reconsiderations, and Board Orders. 1. Appeals: Every Board Order shall be final subject to the right of the aggrieved party, including, without limitation, the City or the respondent, to appeal to the Circuit Court of the Fifteenth Judicial Circuit of Florida in and for Palm Beach County, Florida. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Board. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. 2. Fine Reduction, Time Extension and Reconsideration: A respondent or petitioner may request that the Board extend or reconsider an order or a fine amount. Any such request must be documented on a form approved by the Board and available from the Board Clerk. However, such request shall not be construed to extend or in any way alter any deadline for any party to file an appeal of a previously executed Board Order with the Circuit Court. 3. Enforcement Orders: Every Board Order shall be in writing, shall include findings of fact and conclusions of law, shall be signed by the Chairperson or Vice-Chairperson, and shall be filed in the office of the Board Clerk. A copy of the signed order shall be served as specified in Chapter 162 of the Florida Statutes. The Board shall, in every proceeding, reach a decision without unreasonable or unnecessary delay and shall, in all instances, reach a decision within twenty (20) calendar days from the date of the hearing at which the case was heard. 5 Article IX. Adoption; Amendments; Required Review; Effective Date. These general rules or subsequent amendments: 1. Shall be adopted by the Board by a majority vote of members present and voting at the time of adoption. 2. May be amended by the Board by a majority of members present and voting at the time of adoption of the amendment, however, said amendments will require approval of the City Commission. 4. Commission. 5. effective on the Shall be reviewed by the Board every two years. Shall become effective upon approval by the City Were adopted by the Board on this 25th~ay of May 2004. Chairperso oard Were approved by the City Commission and became day of ,200__. ATTEST: City Clerk Approved as to Form: City of Delray Beach, Florida Jeff Perlman, Mayor City Attorney Date: July 29, 2004 Agenda Item No. ~ AGENDA REQUEST Agenda request to be placed on: _ Regular Special Workshop KConsent When: August 3, 2004 Description of Agenda Item: Request to Approve General Rules of Procedure of the Code Enforcement Board Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature:~ City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: (if applicable) City Manager Review: Approved for agenda:~og / No Hold Until: 4fa ,4 Agenda Coordinator Review: ~ Received: Action: Approved / Disapproved [ITY OF I]ELRrlY BEACH CITY ATTORNEY'S OFFICE ~oo ~w ~ ^w~. ~.^~ ..~., ~o.,~^ .~ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 pE~L~Y~ B,E^SH~ Ag. Amedca Cl~ WdteCs Direct Line:561/243-7091 MEMORANDUM DATE: July 27, 2004 TO: FROM: City Commission David. Harden,~City Manager Brian Shutt, Assistant City Attorney SUBJECT: Sale of City Owned Lot The City has received a request to pumhase City owned property, located at the NE corner of SE 4th Street and SE 1st Avenue, from the adjacent business, Tropical Awning. The property is vacant other than a saltwater intrusion monitoring well. We would obtain an easement for this monitoring well before the transfer of the property. Our office would request authority from the Commission to have an appraisal performed on this property. Please place this item on the August 3, 2004 City Commission agenda. Please call if you have any questions. CC: Chevelle Nubin, Acting City Clerk Dan Beatty, Deputy Director of Public Utilities FROM : CTY. ENUIRI~-NTPL SERUICE$ PI-EHENO, : S6$2437E~GO ~ul. 2~ 2004 03:2~PM P~ DICK HASKO: Dle&ae prepare & ~zaft '~/l~--- ~this letter for ~r. ~arde~'s rez~"l~ June 23, 2004 aignmture. Tha~nks, Gerri 6/25/04 M~. Dsv~ Hardin, Clty Manager City of Defray Beaoh 100 NE I Avenue D~ray Beach, ~odde 33444 F/l=: PURCHASE OR LEASE CITY OWNED LOT Dear Mr. Hardin; ~ sm Interested in e lOT owned by t.he ~ity of DeMoy Beach on the NE earner of 4~'1~-B8.020~120. The lot Is beundee On th= ~st by ;he FaC RR t~, On the W~t by ~ 1 ~ Avenue, and on t~ ao~h by SE 4~ S~t. ~e lot is very rar~ mowed and ii ~u~ a ea~hail ~r garbage and since the lot Is o~ the oomer It Is an eyesore. The lot ha~ a teat well on it so I galled tho Water / Sewer Department and spoke web Dan ~y. He tol~ ~ the well ~ been abandon, is no longer n~d~, and ~n ne~t soma ~ into be~ a useful well ega~. My ~llent, Tropi~ Await, ewes the p~oDe~y en the no~h aide of th~ Io~ a~d ~s just built a ~a~if~l new bulldlng. lease tee o~ ow~e~ I~, W at all pe~slbJe, e~ usa R fur additional ~lng and }andscaplng, Their pr~e~nmm ask you a f~ questions ~ar~g 1. Can this lot be leased or ~urmhase~? 2. If au, what ie the presets? 3. Where do we atari? If you gould I~lel~e sower these queetbna ;t would be greatly epl~reoieted, Please aont&ct me if you have any questions. FROM : CTY, ENVIRBMENTAL SERUICES PHONE NO, : 5~1243"~0 Jul. 28 2004 03:23PM P2 DELRAY BEACH Sure 28, 2004 1993 100 N.W. ls! AVENUE · DELRAY BEACH, FLORIDA 33444. 561/243-7000 Mr. Belil Kruger Beril K~.~g~r Plmming aud Zoning Consultants 9 NE 16" Street Delray Beach, FL 33a.a, a. RE: CITY OWNED PROPERTY TOWN OF DELRAY LOT 12, BLOCK 80 Dear Mr. ICmgcr: In response to your letter dated June 23, 2004 our Environmental Services Depaxhnent has reviewed thc subjcot property to determine if th~ property is required for utility purposes. Ctur~fly there is a monitoring well on the site which is used to monitor salt water intrusion The Utility Division has no objection to the sale of this lot providing an easement be granted arotmd the monitoring well. The process required to purchase the lot includes a formal offer in writing fi-om the purcha.qer. The offor will be reviewed and evaluated by the City Attorney's office. When a sale price is agreed upon a purchase ag~ment will be prepared by the City Attorney's office and advertised for a period of two weeks. Thc purchase ~greement will then be placed on the next available Commi~ion Meeting for consideration by the City Commission. If you have any queztions pleaze feol fxoe to contact Dan Beatty, P.E., Deputy Director of Public Utilities at 243-7328. Sinee~ly, David T. Harden City Manager Richard C. Hasko, P.E., Director of Environmental Services C, Danvers Beatty, P.E., Deputy Director of Public Utilities Brian Shutt, A~istaut City Attorney THE EFFORT ALWAYS MATTERS 07/28/2004 08:31 FAX 5612784755 CTTY ATTORNEY + City I~anager ~]008/006 ~ ~ C3~f. ~I~ ~VI(~ ~ ~- ~ ~ ~ul. ~ ~ ~:~ P4 ,n'~, MIJ~III~ AdoS'mae: 100 NW 16'T &',~B 07/28/2004 08:31 FAX 5812784755 CITY ATTORNEY + City Nan.gar ~002/008 I orll kr. tler planning and zoning consultantS July 6, 2004 Mr. David Hardin, City Manager City of Delray Be.oh 100 NE I Avenue Delrey lB.aah, FIorMa 33444 RE: PUROHASE OF OITY OWNED LOT TOWN OF DELI;lAY lOT 12, BLOCK 80 Dear Mr. Hardin: RECEIVED In response to your letter dated June 28, 2004, I spoke with my ollent~ regarding the above oaptloned lot. We looked at the appraised value and the pureheae prisa of Lots 10 and 11, BIo~k 80. whioh was purohaled by the Simpsone and Tropical Awning recently. We then leaked It the size and appraised value of the city owned lot to determine this offer. rm~nlnl UN apeala exMl)~foni OR~ apm site pMn~ ~mp plw ~dl~f munld~l ~onme~ ~m b~ b~w~ Mil ~unU~ & MUm On bah.If of my oil.nra, Robert $. Simpson and Monna Simpson. please aaa.pt this letter a, · formal offer In the amount of Tweety-flve thousand efaJ~m ($2B,000.00) to the City Managers' office, Chy of Delrey Beach, for the property described ea Lot 12, Block 80, located on the southeast corner of SE 4m Street end SE 1e Avenue. ThE Simpson. agree to give the Utility Department of the City of Delray Beech an eaeemeflt around the existing monitoring well for the purpose of monitoring salt water intrusion. Please advise me Be scan aB possible If the City will e0eept this offer aa that my clients can taka the appropriate action. Slnoarely,/~ / ~_~.ENT BY FAGSfMtLE ONL¥ 9 nmtheilt 18th it~let · debly Mir. h, fiMld~ 3~44~ (6611 28B-48~3 e fax laall 2aEMI~11 * a.mall; bkmeM~)belMou~h,nit MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Kendra W. Graham, C. D. Administrator Lula Butler, Community Improvement Director July 28, 2004 CDBG Subrecipient Agreement - Community Child Care Center ITEM BEFORE THE COMMISSION City Commission approval to amend the Agreement between the City of Delray Beach and the Community Child Care Center (CCCC) to increase the amount paid under the Agreement from $22,000 to $30,000. BACKGROUND CCCC is currently receiving 2003-2004 Community Development Block Grant (CDBG) program funds from the City under a subrecipient Agreement signed January 4, 2004, for the provision of day care, after-school, out of school and related services to eligible children residing in the CDBG target area. The term of the agreement is October 1, 2003 through September 30, 2004. The City received a grant from the Florida Department of Children and Families effective July 1, 2004 through June 30, 2005 to provide adult and child substance abuse prevention services to families residing within the CDBG target area. The City is subcontracting with CCCC for the provision of these services. In the past the City contracted with Village Foundation for these services. However, with the dissolution of the Village Foundation agency, key staff members assigned to implement program(s) under the substance abuse prevention grant have resigned. CCCC is requesting funds to cover "start up" costs not included in the approved budget, including, but not limited to, recruitment and hiring of staff to implement the substance abuse prevention program(s), pre-paid fringe benefits, training costs and supplies. Funding is available from 2003-2004 CDBG grant fimds awarded to Village Foundation, which have been re-allocated due to the agency's dissolution. The additional $8,000 will be disbursed in two (2) equal monthly payments of $4,000 in August and September, 2004. RECOMMENDATION Staff is recommending approval of an amendment to the Agreement to increase the funding amount from $22,000 to $30,000. Agenda Item No.: ~---~ AGENDA REQUEST Request to be placed on: __ Regular Agenda __ Special Agenda __ Workshop Agenda __ Consent Agenda Date: July 29, 2004 When: August 3, 2004 Description of item: Authorization and approval to amend the Agreement between the City of Delray Beach and the Community Child Care Center to include payment for "start up" costs associated with implementation of substance abuse prevention services. Funds available in account number 118-1966-554-83.01 Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Staff recommends approval Department Head Signature:/~l~'J~asa~~ City Attorney Review/Recommendation (if applicable): Budget DirecJ~pr Review (requiFd on all items involving expenditure of funds): It Funding Available: YES/NO FundingAlternatives: (ifa~pplicabl,e) ~q 0 ,~.~,~ Account No. & Desc,r~ption: .]./?- !? /~_~ Account Balance: ~J°~2~ -~'9 o'-r/~/~ d ~/~Cd5 City Manager Review: Approved for Agenda~7~l~/NO Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # '~ - REGULAR MR~TING OF AUGUST 3. 2004 AGREEMENT/D.R. HORTON, INC./B1Z.~rI,~.y p^RK DATE: JULY 30, 2004 This is before the City Commission for approval of an agreement between the City and D.R. Ho*ton, Inc. for additional infrastructure requested by the City associated with the Bexley Park Project. The infrastructure includes additional water and sewer facilities which will be required for future development of the surrounding areas as well as a provision of service to the City park site. The agreement reduces the sewer connection fees for the project from $1,084.00 to $784.00 as compensation for the additional improvements. Recommend approval of an agreement between the City and D.R. Ho*ton, Inc. for additional infrastructure associated with the Bexley Park Project. S:\City Clerk\agenda memos\D.R. Horton AgreemencBexley Park.08.03.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www. mFdelravbeach, com TO: David T. Harden City Manager FROM: DATE: SUBJECT: Dan Beatty, P.E~... Deputy Di recto~.ef'Ptrbfl='Otl htles July 30, 2004 Agreement for Additional Infrastructure Improvements Bexley Park Project Attached are an Agenda Request and Agreement between the City of Delray Beach and D.R. Horton, Inc. for additional infrastructure requested by the City associated with the Bexley Park Project. The infrastructure includes additional water and sewer facilities which will be required for future development of the surrounding areas as well as provision of service to the City park site. The agreement reduces the sewer connection fees for the project from $1,084.00 to $784.00 as compensation for the additional improvements. Please place the item on the August 3rd, 2004 Agenda for consideration by City Commission. Attachments CC: Richard C. Hasko, P.E., Director of Environmental Services Joe Safford, Finance Director Bdan Shutt, Asst. City Attorney Barbara Schooler, Utilities Customer Service Manager T.A.C. File City Clerk Agenda File S:\EngAdmin\TAC~Bex ley Park\08-03-04 Bexley Agenda mm.doc AGREEMENT THIS AGREEMENT entered into this ~7 day of ~L~//(~// ,200_, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY) and D.R. HORTON, INC. (hereinafter referred to as CONTRACTOR), provides as follows: WHEREAS, a project called Bexley Park is being developed between Military Trail and Barwick Road, just north of Lake Ida Road in the CITY; and WHEREAS, the CONTRACTOR will be constructing/installing water and sewer infrastructure for the Development; and WHEREAS, the CITY has requested that the CONTRACTOR extend water and sewer infrastructure beyond what is required for the Development so water and sewer service may be provided to future development outside of the project boundaries; and WHEREAS, the CONTRACTOR has agreed to construct/install the infrastructure improvements requested by the CITY and as shown on a portion of those plans for Bexley Park as prepared by Schnars Engineering Corp.; and WHEREAS, the CITY has agreed to pay (by issuing credit against connection fees) for the extra costs associated with the construction/installation of extending the infrastructure in order to accommodate expected future requirements of development in the amount of $79,187.50 and as provided on Exhibit "A". NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CONTRACTOR and CITY hereby agree as follows: 1. INCORPORATION OF RECITALS. The above-stated recitals are incorporated as if fully set forth herein. 2. COSTS PAIDBYCITY. The CITY shall issue credit against sewer connection fees for the cost of the materials and construction/installation of the extension of infrastructure, as listed in Exhibit "A", attached hereto and incorporated herein, in an amount of seventy nine thousand one hundred eighty-seven dollars and 50/100 (US$79,187.50). The credit shall be calculated as follows: number of proposed units for Bexley Park = 264 current sewer connection fee for each unit = $1084.00 ((264 units x $1084.00) - $79,187.50)/264 units = $784.00 (revised sewer connection fee that will be charged for each unit) The CONTRACTOR shall pay the revised sewer connection fee of $784.00 on 264 units. The materials used by CONTRACTOR shall meet standard CITY specifications. In no event shall the CITY'S contribution exceed the above stated amount. Credit to CONTRACTOR shall not be made until the improvements are completed, released for service by the Palm Beach County Health Department. 3. PERMITS REQUIRED. Nothing in this Agreement relieves CONTRACTOR of any obligation imposed under the CITY'S Land Development Regulations or Code of Ordinances or any other rules or regulations of a governmental entity. CONTRACTOR is responsible for obtaining any and all permits required in connection with the development of the Bexley Park project, including but not limited to, permits for construction of the infrastructure in the public right of way. 4. INDEMNIFICATION AND WARRANTY. CONTRACTOR shall defend, indemnify and hold the CITY harmless from any claims, suits, damages, causes of action or any other forms of liability that are brought against the CITY, its employees, agents, contractors and assigns arising directly out of CONTRACTOR'S installation of the infrastructure until such time as the CITY or another applicable governmental entity has accepted the infrastructure. CONTRACTOR shall provide a one year warranty on the installation/construction of the infrastructure starting from the date of acceptance by the CITY. 5. GOVERNING LAWS~ VENUE. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 6. INTEGRATION[ AMENDMENTS. This Agreement constitutes the entire agreement and understanding of the parties. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: By: City Clerk Approved as to Form: By: City Attorney WITNESSES: (Name Printed or Typed) STATE OF [/qV(' ;dC& COUNTY OF ~ CooOo,° CITY OF DELRAY BEACH By:. Mayor, Jeff Perlman D ~..~l-to~O N, INC. By: \. ' ~ The foregoinh instvum~nt was acknowledged before me this ~ ~ day of .Dk~[~ , 200~, by ~ ~Ol~),~kf , as (name ~ officer or agent, title of officer or agent), of D.R. HORTON, INC., a (state or place of inco¢oration) co~oration, on behalf of the co~oration. He/She is pe/sonally ~own to me. or has produced (t~e of identification) as identification. Signature ~ No~ub~ 4 ENGINEERING CORPORATION EXHIBIT "A" Jeffrey T. Schnare, RE. President James W. Mahannah, P.E. V~ce President Aph19,2004 Randal L. Krejcarek, P.E. City Engineer City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 Via fax: 243-7314 (3 total pages, original to follow by mail) Bexley Park $chnars Engineering 'Corporation Project No. 0212 7 Attached is the contractor's proposal f9r the additional water and sewer items requested by the City. These are the same unit prices from the contractor's main proposal obtained under a competitive bid process. Based upon our meeting with the City Attorney, it is the intent of the parties that D.R. Horton will be reimbursed in the form of water and sewer impact fee credits for the following amount: Constmcfion Cosi $ 71,687.50 EngineeringDesign, Permitting, InsPection, andC~rtificaton $ 5,000.00 Surveying-layoutand as-builts $ 2,500.00 TOTAL $ 79,187.50 Upon your review and approval, please forward this information to the City Attorney. As usual, do not hesitate to 6ontact us if you should have any questions or comments. Sincerely, G CORPORATION ~Schnars, P.E. copy:. Karl Albertson, DRHorton, via fax: 954-428-8330 951 Broken Sound Parkway, Suite 1D8 · Boca Raton, FL 33487 · Tel: (561) 241-6455 · Fax: (561) 241-5182 ~4/B9/2004 07:57 9549388527 COFFMAN CLARK CONST PAGE Coffman Clark Construction, Inc. PIPELINE CONTRACTORS AprilB, 2004 Submitted '1'o Mr. Tod Batson D.R. Ho,ton Homes, Inc. 1192 East Newport Ctr. Dr., Ste 1 $0 Deerfield Beach, FL 33442 PROPOSAL Pro~ect Name Bexley Park (CITY REIMBURSEMENTS) Military Trail Delray Beach, FL Page 1 We hereby submit estimate~ for: Item Description Qty Unit I, Manhole 1~-16~ Cut 2 ea 2, 8." SDR 35 PVC O~b6~ Cut 85 If 3. 8" SDR 35 PVC 6'-8' Cut 35 4. 8" $DR 35 PVC 8'-10~ Cut 70 If 5. 8" C900 PVC 14'-16' Cut 486 If 6. Tole-inspection (one time) 676 If 7. Single Sanitary Service (on SDR 35} 1 ea 8. 6" SDR 35 PVC Pipe 50 9. Cleanouts (1 per lateral) 1 ea 10. Plugged Sewer Main Stub (deep) 6 ea 11. Tele-lnspecfion & air test (warranty insp) 676 If Sewage Collection Sub-Total Price Extended Sub-Total J 5,600.00 I 1,200.00 16.50 1,402.50 20.00 700.00 25.00 1,750.00 68.00 33,048.00 3.50 2,366.00 270.00 270.00 13.00 650.00 85,00 85.00 1,050.00 6,300,00 3.50 2,366,00 $60,137.50 1. 8" Ductile Iron Pipe 150 IF 2. B" Gate Valve 4 ea 3. Mechanical Joint Fittings ~65 lbs 4. 1" Water Service 1 5. 1" Polyfubing 20 If 6- 2" Blow off: 4 ea Water Dlstribullon Sub-Total 19.50 2~925.00 935.00 3,740.00 3.00 2,295,00 250.00 250,00 7.00 140,00 550,00 2,200.00 $11,550.00 Based on plans prepared by Dated Revised Schnars Engineering Corp. Nov 21, 03 Mar 12, 04 J Fei' the sum o~ 1600 N.E. 64th Street, Fort Lauderdab, FL 33334. o 954-772-7200 · 954-938-8527 Fax AGENDA REQUEST NO. Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda Agenda Item ~ ~ Date: July 30, 2004 When: August 3, 2004 Description of item (who, what, where, how much): Staff requests Commission Approval of an Agreement between the City of Delray Beach and D.R. Horton, Inc. for additional infrastructure requested by the City associated with the Bexley Park Project. The infrastructure includes additional water and sewer facilities which will be required for future development of the surrounding areas as well as provision of service to the City park site. The agreement reduces the sewer connection fees for the project from $1,084.00 to $784.00 as compensation for the additional improvements. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the agreement with D.R. Horton, Inc. Department head signature:~~h ~ ~%o -. ~ 'f Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable):_ Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives Account No. & Description Account Balance City Manager Review: Approved for agenda: (~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved (if applicable) S:~EngAdmin\TAC~Bexlcy Park\084)3~04 Bexley agenda.doc MEMORANDUM TO: MAYOR AND CITY COM2vlISSIONERS FROM: CITY MANAGER ~[ SUBJECT: AGENDA ITEM # ~ ~ - REGULAR MEETING AUGUST 3. 2004 REPORT OF APPRAIABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JULY 30, 2004 Attached is the Report of Appealable Land Use Items for the period July 19, 2004 through July 30, 2004. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\City Clerk\~genda memos\ apagmem.08.03.04 TO: THRU: FROM: SUBJECT: D AV~;~..~A~ MANAGER PA..~IL DORLING, DII~_.)CTOR OF PLANNING AND ZONING /~ASMIN ALLEN, PLANNER MEETING OF AUGUST 3, 2004 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS JULY 19, 2004 THRU JULY 30, 2004 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of July 19, 2004 through July 30, 2004. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) 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: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. A. Approved (6 to 0, Kenneth Peltzie absent), a master plan modification and recommended approval of an associated waiver to the 5,000 square foot tenant bay size limit (5,408 sq. ft. proposed) within the Service Industry land use designation for Delray Park of Commerce, Tract "K" located at the northeast corner of North Congress Avenue and NW 17th Street. No other appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action. Recommended approval (5 to 1, Diane Borchardt dissenting), of a conditional use request for Lindell Square, a proposed mixed-use development containing 114 residential units and 23,000 square feet of commercial floor area, located on the nodh side of Lindell Boulevard, between South Federal Highway and Dixie Highway. City Commission Documentation Appealable Items Meeting of August 3, 2004 Page 2 Tabled (5 to 0, Mark Krall stepped down), the conditional use request to allow an increase in building height to exceed 48' (56' proposed) and to allow a density exceeding 30 units per acre (44 units per acre proposed) for Grove Square, a proposed condominium development containing 63 units, located at the southeast corner of East Atlantic Avenue and SE 2nd Avenue. The Board raised concerns with respect to the building height and density and noted specific concerns with the building height on SE 2® Avenue and the bulk of the structure and requested that the building be stepped back. Recommended approval (4 to 0, Jill Woehlkens and Joseph Pike stepped down), of a conditional use request to allow an increase in building height to exceed 48' for a non- habitable roof appurtenance (57'-5" proposed) and for the mansard roof features (50'-2" proposed) for Citywalk at Pineapple Grove, located at the northwest corner of Pineapple Grove Way and NE 2nd Street. Recommended approval (5 to 1, Diane Bomhardt dissenting), of a conditional use request associated with a proposed mixed-use (residential/office) development for the Jessica Linehan Property, located on the east side of NW 1st Avenue, approximately 193' north of NW Ist Street, to allow utilization of the business and the residential unit to parties that are not the owner, proprietor or employee of the business. Recommended approval (6 to 0) of an amendment to the Land Development Regulations Section 4.4.9(B)(5), General Commercial (GC) zoning district, to provide that commercial uses are allowed in mixed-use developments in the GC zoning district if commercial uses are provided on the ground floor and occupy no less than 25% of the structure. Recommended approval (6 to 0), of an amendment to the Land Development Regulations Section 4.6.9(E) regarding in-lieu fees and amending Appendix "A" Definitions by enacting a definition for new development, redevelopment and in-fill development. A. Approved (5 to 0, Gary Eliopoulos and Nancy Stewart absent), a request for a color change for Kidsville Plaza, located at the southeast corner of Davis Road and Lake Ida Road (2200 Lake Ida Road). th B. Approved (5 to 0), a request for a color change for 302-304 SE 5 Avenue and 410-412 SE rd rd 3 Street for an existing commercial building, located on the south side of SE 3 Street, th th between SE 4 Avenue and SE 5 Avenue (southbound Federal Highway). C. Approved (4 to 0, Dan Carter stepped down), a Class I site plan modification associated with elevation changes for Vantage Plumbing, located on the west side of Wallace Drive, th 395 feet south of SW 10 Street (1030 Wallace Drive). D. Recommended approval (5 to 0), of a Class I site plan modification associated with elevation changes for 111 East Atlantic Avenue, located on the north side of East Atlantic Avenue, east of NE 1st Avenue. E. Approved (5 to 0), a Class I site plan modification associated with elevation changes for the installation of shutters for 419 East Atlantic Avenue, located on the north side of East Atlantic Avenue, west of NE 5th Avenue (southbound Federal Highway). City Commission Documentation Appealable Items Meeting of August 3, 2004 Page 3 F. Approved with conditions (5 to 0), a Class IV site plan modification, landscape plan and architectural elevations associated with the construction of two (2) new apartment buildings housing 14 new units for Palms of Delray, Tract B, located on the south side of Dotterel Road, approximately 100 feet east of Jaeger Drive. G. Approved (4 to 0, Dan Carter stepped down), an extension of the Class III site plan modification for Duncan Conference Center, located on the east side of Military Trail, north of Linton Boulevard. The Board also approved a Class I site plan modification associated with a change in the roofing material from concrete tile to asphalt shingle for the proposed building in order to be consistent with the existing buildings. H. Approved with conditions (5 to 0), a Class III site plan modification and architectural elevation plan associated with the renovation of an existing restaurant for Shore Restaurant, located on the west side of Ocean Boulevard, south of East Atlantic Avenue (6 South Ocean Boulevard). Other Items · Recommended approval (5 to 0), of a rooftop lighting program to incorporate all properties along Atlantic Avenue from 1-95 to Ocean Boulevard. X. Approved (6 to 0, Randy Shatz absent), a request for a Certificate of Appropriateness associated with the construction of an addition for the Echols Residence, located on the west side of SE 7th Avenue, south of SE 1st Street (118¼ SE 7th Avenue). Concurrently, the Board granted a variance reducing the rear building setback from 10 feet to 5 feet. Y. Approved (6 to 0), a request for a Certificate of Appropriateness associated with the installation of storm protection shutters for Anderson/Buckley Residence, located on the south side of NE 5"~ Street, east of North Swinton Avenue (14 NE 5th Street). By motion, receive and file this report. Attachment: Location Map. CITY OF D£LRAY BEACH, FLORIDA - City Commission Meeting - AUGUST 3, 2004 P&Z A. DELRA Y PARK OF COMMERCE TRACK K HPB x, ECHOLS RESIDENCE Y. ANDERSON/BUCKL Y RESIDENCE SPRAB 1. KIDSVlLLE PLAZA 2. 302-304 S.E. 5TH AVENUE 3. VANTAGE PLUMBING 4. 111 EAST ATLANTIC AVENUE 5, 4'~9 EAST ATLANTIC AVENUE 6. PALMS OF DELRAY-TRACT B 7. DUNCAN CONFERENCE CENTER 8. SHORE RESTAURANT ..... crPf UMITS ..... ONE MILE TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # - REGULAR MEETING OF AUGUST 3. 2004 AWARD OF BIDS AND CONTRACTS DATE: JULY 30, 2004 This is before the City Commission to approve the award of the following bids: Contract award to PGAL/Ehopoulos in the mount of $120,500.00 for professional consulting services for preliminary planning activities for the proposed Old School Square Cultural Arts Center Parking Garage Project. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Parks & Recreation/Old School Square). Purchase award to Pierce Manufacturing/Ten-8 Fire Equipment, Inc. in the amount of $447,875.00 via the Lake County Bid #99-150 for a Pierce Manufacturing, Inc. pumper-ladder fire suppression unit with a 61 foot "Sky Boom" rescue ladder/water tower assembly. Funding is available from 501- 3312-591-64.20 (Central Garage Fund/Automotive). Purchase award to Pro-Am Safety, Inc. in the amount of $27,490.95 for the purchase of twenty-five (25) integrated Personal Alert Safety System (PASS) for the Scott Aviation Self-Contained Breathing Apparatus (SCBA) used by the Fire Department. Funding is available from 334-6112-519-64.90 (General Construction Fund/Other Machinery/Equipment). Recommend approval of the above bids and purchases. S:\City Cl~k\a~enda memo\Bid Memo.08.03.04 City Of Delray Beach Department of Environrnental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: www. mydelraybeach, com David T. Harden, City Manager Richard C. Hasko, P.E., Environmental Services Director (~ OLD SCHOOL SQUARE PARKING GARAGE July 30, 2004 Attached is a contract proposal fi.om PGAL, Inc. for provision of professional consulting services involved with preliminary planning activities for a proposed parking garage at the Old School Square Cultural Arts Center. PGAL, Inc., partnered with Eliopoulos & Associates, was ranked number one by the City's Review Committee which evaluated respondents to the City's Request For Qualifications for the Old School Square Parking Garage. The scope of services for this phase of the project includes the development of up to three alternative plans for a maximum 48 foot high parking structure for approximately 570 cars and incorporation of between 7,000 and 10,000 square feet of retail space on street frontage along N.E. 2nd Avenue and N.E. 1st Street. Activities involved with this effort will include assembly and evaluation of all prior work performed for the Old School Square Board of Directors concerning this phase of development of the overall Cultural Center Master Plan; review and verification of facility capacity requirements; multiple meetings with all stakeholders to identify operational and aesthetic requirements and achieve a consensus regarding project parameters; preparation of alternative site plans for stakeholder review, discussion and refinement to a final site proposal and preparation of a construction budget estimate for that proposal. Time of performance for this scope is four months. The total fee for the basic scope of services is $120,500. Supplementary services and associated fees for proceeding with preliminary facility design are listed as Optional Tasks. These services are shown for budget purposes and are not included in the basic scope fee. Performance of any of the Optional Services will require additional Commission Approval. Funding for this contract is available in account #380-4150-572-63.29. Please place this item on the August 3rd agenda for consideration by City Commission. Cc: Bob Barcinski, Asst. City Manager AGREEMENT FOR GENER~tL CONSULTING SERVICES THIS AGREEMENT, made and entered into this day of , 20 , by and between the CITY of Delray Beach, Florida, hereinafter referred to as "CITY", and PGAL, Inc. hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the CITY has provided notice of the desired professional services and carried out the proper selection process pursuant to and in accordance with the Consultant's Competitive Negotiation Act; and, WHEREAS, the CITY represents that it is a Florida municipal corporation with the authority to engage the CONSULTANT and accept the obligation for payment for the services desired; and, WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the time of or subsequent to execution of this AGREEMENT; and WHEREAS, this AGREEMENT does not entitle the CONSULTANT to any fees for any particular project without first receiving a Service Authorization; and WHEREAS, the professional services in AUTHORIZATIONS. CONSULTANT desires to provide such accordance with this AGREEMENT and SERVICE NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: I. DEFINITIONS; GENERAL CONDITIONS THE SCOPE OF WORK is to be implemented in phases as set forth by this Agreement and by SERVICE AUTHORIZATIONS, which are attached hereto and made a part hereof, and as also may be added as approved by the City from time to time. A SERVICE AUTHORIZATION is a form to be used to authorize work, projects, and services. The form shall be executed by the CITY'S and CONSULTANT'S representatives. A CITY purchase order number shall be identified on the form. The purchase order authorization is established in the CITY Code of Ordinances with provisions for expenditure levels of approval authorizations. A sample form of the service authorization is attached as Exhibit "A" to this AGREEMENT. The projects, work, and services to be performed by the CONSULTANT, and time for completion of the particular phase of the work by CONSULTANT, shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with an itemization of man-hours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of project manager. The SERVICE AUTHORIZATION shall be signed by the CITY and the CONSULTANT'S authorized repre- sentative. A CITY purchase order shall be issued with authorization identifying funds and amount of expenditures. The terms of this AGREEMENT supersede the terms stated on the purchase order. PHASES: A phased approach may be utilized. The City and the Consultant shall have the right to negotiate the terms of each phase as contained within each service authorization, and to reject any service authorization, if the parties cannot agree to the terms of the service authorization. In the event the parties cannot agree, the city may select the next ranked proposer or go out for additional proposals in order to complete the subsequent phase{s) of the project. This phased approach shall not waive the City's right to terminate the Consul- tant's contract during any phase of the project. II. GENERAL DUTIES OF CONSULTANT Ao The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSULTANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer/employee relationships shall be deemed to be established and the CONSULTANT, its agents, subcontractors, and employees shall be independent contractors at all times. Professional and Technical Services. It shall be the responsibility of the CONSULTANT to work with the CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplish- ment of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS, which will be made a part of this AGREEMENT upon execution by both parties. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS. Ho The City has established a budget for each project awarded to CONSULTANT. The CONSULTANT shall be responsi- ble for providing, at no additional cost to the City, new designs, drawings, specifications, reports and other applicable services if the budget for the entire project is exceeded during and up to completion of the design phase of the project; however, nothing contained herein shall require the CONSULTANT to bear additional costs if the additional costs are a result of a change in the scope of services directed by the City. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, compliance with regulations and rules, and the coordination with all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. Approval by the CITY of drawings, designs, specifica- tions, reports and incidental professional services or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The CITY'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. The CONSULTANT and its subconsultants shall have no responsibility for the discovery, presence, handling or removal or disposal of or exposure of persons to hazardous materials in any form existing prior to construction at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or any other toxic substances. The CONSULTANT designates Ian A. Nestler, as its representative to act as liaison with the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY, and shall be approved by the City. 3 CONSULTANT shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the City Commission or any City approval Board, where the project is discussed, unless the City's representative declares such attendance and participation is not necessary. In addition, the CONSULTANT shall attend all additional meetings as may be required to facilitate the project. III. DUTIES OF CONSULTANT: The following Duties of CONSULTANT are separated into phases of the project, which if approved via SERVICE AUTHORIZATIONS shall be performed by the CONSULTANT. The City may require SERVICE AUTHORIZATIONS, which contain additional requirements applicable to the project. The City must authorize through service authorizations, the commencement of each phase of the work. Phase I - Study and Report Phase. If the Study and Report Phase following requirements shall apply. is authorized, the 1. The CONSULTANT shall consult with the CITY to clarify and define the CITY'S requirements for the Project and review available data. 2. The CONSULTANT shall advise the CITY as to the necessity of the CITY'S providing or obtaining from others, data or services. 3. The CONSULTANT shall identify and analyze permit and approval requirements of all governmental authorities having jurisdiction to approve either the design of the Project and participate in consultations with such authorities. 4. The CONSULTANT shall provide analyses of the CITY'S needs, planning surveys, site evaluations and o comparative studies of prospective sites and solutions. The CONSULTANT shall provide a general economic analysis of Owner's requirements applicable to various alternatives. The CONSULTANT shall prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to the CITY and setting forth CONSULTANT'S findings and Bo recommendations. This Report will be accompanied by CONSULTANT'S pre-design estimate of probable costs for the Project, including, but not limited to the following, which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies allowances for such other items, such as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, and for permit, review and/or approval fees by other governmental agencies, if required. The CONSULTANT shall also provide a preliminary evaluation of the City's Project Schedule. The City's Project Schedule and probable construction costs shall be evaluated and updated throughout subsequent phases of the work. The CONSULTANT shall furnish the number of copies of the Study and Report documents as provided in the SERVICE AUTHORIZATION and review them with the CITY. Phase II - Preliminary Design Phase. If the Preliminary Design Phase is authorized, the following requirements will apply: 1. The CONSULTANT, in consultation with the CITY shall determine the general scope, extent and character of the Project. 2. Prepare Preliminary Design documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of the Project. 3. Advise the CITY if additional data or services are necessary and assist the CITY in obtaining such data and services. 4. Furnish the specified number of copies of the above Preliminary Design documents as contained within the SERVICE AUTHORIZATION and present and review them with the CITY. 5. The CONSULTANT shall submit to the CITY a preliminary estimate of construction costs based on current area, volume or other unit costs, which shall be updated throughout he design development phase. 6. The CONSULTANT shall prepare a development schedule, which shall include, but shall not be limited to, the review and approval times by all governmental agencies as may be required. 7. The CONSULTANT shall make available all design calculations and associated Data, and participate in meetings in which Value Engineering Analysis of the project takes place, at such times and places as shall be determined by the CITY. Co Phase III. Final Design Phase. If the Final Design Phase is authorized, the following requirements shall apply: 1. The CONSULTANT shall prepare construction documents which shall include but not be limited to drawings and technical specifications, general and supplementary conditions, bid forms, invitations to bid, instructions to bidders, with technical criteria, descriptions and design data necessary for permitting by governmental authorities, and shall include any further adjustments in the scope or quality of the project or in the construction budget authorized by the City. 2. The CONSULTANT shall, in the preparation of construction documents, technical criteria, written descriptions and design data, take into account all currently prevailing codes and regulations governing construction in the City of Delray Beach, Florida, and shall meet the requirements of all other agencies or governmental authorities having jurisdiction over the project. 3. The CONSULTANT shall prepare a detailed opinion of probable cost in accordance with paragraph I.C, which shall be reviewed by the CITY prior to going out for bids. 4. The CONSULTANT shall provide the required documents and attend meetings as necessary, for the approval of governmental boards, agencies or authorities having jurisdiction over the project. 5. The CONSULTANT shall use bid documents provided by the CITY including bidding forms, conditions of the contract, and form of AGREEMENT between the CITY and CONTRACTOR. o The CONSULTANT shall prepare all documents including design and plan revisions required for the approval of governmental authorities having jurisdiction over the project. Said approvals are required prior to the public notice for the Invitation to Bid and submission of applications, therefore are the responsibility of the CONSULTANT. The CONSULTANT shall provide the CITY the number of copies of contract documents as specified in the.service authorization. mo Phase IV - Bidding/Negotiation Phase. If the bidding phase is authorized, requirements shall apply: the following 1. The CONSULTANT shall assist the CITY in obtaining the bids or negotiated proposals, assist in awarding and preparing contracts for construction, attend pre-bid conferences, prepare addenda, provide written recommendation of award, assist in the compilation/preparation of contract documents, and after the award assist the CITY in securing the required bonds and certificates of insurance, and in the review of the contract documents for completeness. 2. The CONSULTANT shall attend the bid opening, prepare bid tabulation sheets and assist the CITY in evaluating Bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services. 3. The CONSULTANT shall issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 4. The CONSULTANT shall consult with and advise the CITY as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein called CONTRACTOR(S) for those portions of the work as to which such acceptability is required by the Bidding Documents. 5. Consult with the CITY concerning and determine the acceptability of substitute materials and equipment prior to the award of contracts is allowed by the Bidding Documents. Phase V - Construction Phase. If Contract Administration is requirements shall apply: 1. o authorized, the following The CONSULTANT shall provide administration of the contract for construction as set forth herein and as contained within the general conditions of the contract for construction. The CONSULTANT shall be a representative of and shall advise and consult with the CITY during construction and until final payment to the contractor is due. The CONSULTANT shall have authority to act on behalf of the CITY only to the extent provided in this AGREEMENT and as provided in the contract for construction unless otherwise modified by written instrument. The CONSULTANT shall visit the site at regular intervals appropriate to the stage of construction or as otherwise agreed to by the CITY and the CONSULTANT, in writing, to become generally familiar with the progress and quality of the work completed and shall determine in general if the work is being performed in a manner indicating that 7 the work when completed will be in accordance with the contract documents. The CONSULTANT shall be required to make on-site observations to review the work. The CONSULTANT shall keep the CITY informed of the progress and quality of the work and shall provide certification to the CITY of satisfactory completion of all phases of the work in compliance with the plans, specifications thereto. 4. The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures of construction or for safety precautions and programs in connection with the work, since these are solely the CONTRACTOR'S responsibility under the contract for construction. The CONSULTANT shall make every reasonable effort to ensure that the CONTRACTOR completes the work in accordance with the current approved schedule and carries out the work in accordance with the Contract documents. 5. The CONSULTANT based on observations and evaluations of CONTRACTOR'S applications for payment shall review and certify the amounts due the CONTRACTOR. 6. The CONSULTANT'S certification for payment shall constitute a representation to the CITY, based on the CONSULTANT'S observations at the site as provided herein and on the data comprising the CONTRACTOR'S application for payment, that the work has progressed to the point indicated and that, to the best of the CONSULTANT'S knowledge, information, and belief, the quality and quantity of the work is the accordance with the contract documents. The foregoing representations are subject to an evaluation of the work for conformance with the contract documents upon substantial completion, to results of subsequent tests and inspections, to minor deviations from the contract documents, correctable prior to completion and to specific qualifications expressed by the CONSULTANT. The issuance of the certificate of payment shall further constitute a representation that the CONSULTANT has made observations to review the quality or quantity of the work. 7. The CONSULTANT shall recommend disapproval or rejection of CONTRACTOR'S work to the CITY, which does not conform to the contract documents. The CONSULTANT will have authority to require additional inspection or testing of the work in accordance with the provisions of the contract documents, whether or not work is fabricated, installed or completed. 8. The CONSULTANT shall review and approve or take other appropriate action upon CONTRACTOR'S submittals, such as shop drawings, product data, and samples for the purpose of checking for conformance with information given and the design concept expressed in the contract documents. The CONSULTANT shall evaluate and determine the acceptability of substitute materials and equipment proposed by CONTRACTORS. 9. The CONSULTANT shall prepare change orders and construction change directives with supporting documentation and data if deemed necessary bye the CONSULTANT, for the CITY'S approval and execution in accordance with the contract documents, and may authorized minor changes in the work not involving an adjustment in the contract time, which is consistent with the intent of the contract documents. 10.The CONSULTANT shall conduct inspections to determine the date or dates of substantial completion and the date of final completion, shall receive and forward to the CITY for the CITY'S review and records, written warranties and related documents required by the contract documents and assembled by the CONTRACTOR and shall issue a final certificate for payment upon compliance with the requirements of the contract documents. 11. The CONSULTANT shall interpret matters concerning performance of the CITY and CONTRACTOR under the requirements of the contract documents on written request of either the CITY or CONTRACTOR. The CONSULTANT'S response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 12. Interpretations of the CONSULTANT shall be consistent with the intent of and reasonably inferable from the contract documents and shall be in writing or in the form of drawings. When making such interpretations, the CONSULTANT shall endeavor to secure faithful performance by both the CITY and the CONTRACTOR. 13. The CITY shall be the final arbiter on matters relating to aesthetics. 14.The CONSULTANT shall render written interpretations within a reasonable time on all internal disputes between the CITY and CONTRACTOR relating to the execution of the progress of the work as provided in the contract documents. 15.The CONSULTANT"S interpretations on internal disputes are not binding on the CITY and CONTRACTOR relating to the execution of the progress of the work as provided in the contract documents. 16. The CONSULTANT shall provide the number of sets of the construction documents to the CONTRACTOR as specified in the SERVICE AUTHORIZATION. 9 17. Upon completion of construction the CONSULTANT shall provide to the CITY, three sets of record drawings, signed and sealed, plus one set of mylars incorporating as built conditions and other data furnished by contractor{s) to CONSULTANT. 18. In company with the City, the CONSULTANT shall visit the Project to observe any apparent defects In the completed construction, assist the CITY in consultations and discussions with CONTRACTOR(S) concerning correction of such deficiencies, and make recommendations as to replacement or correction of defection work. Phase VI - Resident Project Representative Services Phase the Resident Project Representative Services Phase is authorized the following requirements shall apply: A. A Resident Project Representative will be assigned to assist CONSULTANT in carrying out his responsibilities to CITY at the site. Resident Project Representative is CONSULTANT'S agent at site, will act as directed by and under the supervision of CONSULTANT, and will confer with CONSULTANT regarding Resident Representative's actions. Resident Representative's dealing in matters pertaining to the on-site work shall in general be with CONSULTANT and CONTRACTOR keeping the CITY advised as necessary. Resident Project Representative's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with the CITY with the knowledge of and under the direction of CONSULTANT. B. Resident Project Representative shall where applicable: 1. Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with CONSULTANT concerning its general acceptability. 2. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 3. Working principally through CONTRACTOR'S superintendent, assist CONSULTANT in serving as the City's liaison with CONTRACTOR, when CONTRACTOR'S operations affect the CITY'S on-site operations. 4. Assist in obtaining from the CITY additional details or information, when required for proper execution of the Work. 5. Record date of receipt of Shop Drawings and samples. 6. Receive samples, which are furnished at the site by CONTRACTOR, and notify the CONSULTANT of availability of samples for examination. 10 7. Advise the CONSULTANT and CONTRACTOR of the commencement of any Work requiring a Shop Drawing, if the submittal has not been approved by the CONSULTANT. 8. Conduct on-site observations of the Work in progress to assist the CONSULTANT in determining if the Work is, in general, proceeding in accordance with the Contract Documents. 9. Report to the CONSULTANT whenever Residential Project Representative believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents; or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made. Advise the CONSULTANT of Work that Resident Project Representative believes should be uncovered for observation, or requires special testing, inspection or approval. Nothing herein shall relieve the CONTRACTOR or the CONSULTANT from the duties imposed by the contract. 10. Verify that tests, equipment and systems startups, and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to the CONSULTANT appropriate details relative to the test procedures and startups. 11. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to the CONSULTANT. 12. Report to CONSULTANT when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by the CONSULTANT. 13. Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report with Resident Project Representative's recommendations to the CONSULTANT. Transmit to CONTRACTOR decisions as issued by the CONSULTANT. 14. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents, including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, CONSULTANT'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents 15. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific 11 16 17 18 19 observations in more detail as in the case of observing test procedures; and send copies to the CONSULTANT. · Record all names, addresses and telephone numbers of the CONTRACTOR, all subcontractors and major suppliers of material and equipment. · Furnish the CONSULTANT periodic reports as required of progress of the Work of the CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawing and sample submittals. · Consult with the CONSULTANT in advance of schedule major tests, inspections or start of important phases of the Work. · Draft proposed Change Orders and Work Directive Changes, obtaining backup materials from CONTRACTOR and recommend to the CONSULTANT, Change Orders, Work Directive Changes, and Field Orders. 20. Report immediately to the CONSULTANT and the CITY upon the occurrence of any accident. 21. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to the CONSULTANT noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site, but not incorporated in the Work. 22. During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to the CONSULTANT for review and forwarding to CITY prior to final payment for the Work. 23. Before the CONSULTANT issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. 24. Conduct final inspection in the company of the CONSULTANT, the CITY and the CONTRACTOR and prepare a final list of items to be completed or corrected. 25. Observe that all items on final list have been completed or corrected and make recommendations to the CONSULTANT concerning acceptance. C. The Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents substitution of materials or equipment. 2. Exceed limitations of the CONSULTANT'S authority as forth in the Contract Documents. or set 12 3. Undertake any of the responsibilities of CONTRACTOR, subcontractors, or CONTRACTOR'S superintendent. 4. Advise on, issue directions regarding or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Accept Shop Drawing or sample submittals, from anyone other than CONTRACTOR. 7. Authorize the CITY to occupy the Project in whole or in part. 8. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the CONSULTANT. IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY The A. CITY shall provide the following: Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary and which are under control of the CITY. Other data and services to be agreed upon in subsequent SERVICE AUTHORIZATIONS. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. The CITY Manager or his designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT. The CITY Manager or his designee shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsi- bilities of the CITY provided in this contract. Said authority may include but is not limited to: transmit instructions, stop work, receive information, interpret CITY'S policies and decisions with respect to materials, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. Pay all permit application filing fees. 13 F. Provide access to CITY facilities. TIME OF PERFORMANCE The CONSULTANT will begin work promptly after issuance of a Notice to Proceed. Bo The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION. If the CONSULTANT'S services are unreasonably delayed by the CITY in excess of 180 days, the time of performance and compensation shall be renegotiated, provided; however, the CONSULTANT as a condition precedent to renegotiations shall notify the City within fifteen (15) calendar days at the end of the delay of CONSULTANT'S proposed additional costs incurred by reason of said delay. VI. AGREEMENT PERIOD The period of service is from the date of execution of this AGREEMENT until such time as all outstanding SERVICE AUTHORIZATIONS, if any, that have been issued are completed. Each Service Authorization shall delineate a time for completion of the service to be rendered. VII. COMPENSATION The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated lump sum, or a not to exceed budgeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method II and other related costs as are specified in the SERVICE AUTHORIZATION. 1. METHOD 1 - LUMP SUM Lump Sum Amount. Wherever possible, the scope of services for Services, Projects or Programs shall be thoroughly defined and outlined prior to its author- ization. The CITY and CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. Should the CITY deem that a change in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writing. In lump sum contracts, the CONSULTANT shall submit the estimated man-hours, wage rates and other actual unit costs supporting the compensation. The CONSULTANT shall submit a truth in negotiation certificate stating that all data supporting the 14 compensation is accurate, complete and current at the time of contracting. METHOD II - TIMES CHARGES/ NOT TO EXCEED BUDGETED AMOUNT Computation of Time Charges/Not to Exceed Amount. When a service is to be compensated for on a time charge/not to exceed basis, the CONSULTANT will submit a not to exceed budget cost to the CITY for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the not to exceed cost amount. The CITY agrees to pay the CONSULTANT compensa- tion for services rendered based upon the established raw hourly salary rates as shown in Exhibit B for services rendered on CITY projects multiplied by an overhead factor not to exceed 3.0, which includes profit not to exceed ten percent (10%) and may be subject to audit. The schedule of hourly rates as set forth in Exhibit B is attached hereto and made a part hereof. The rates listed in Exhibit 'B' may be adjusted upon written AGREEMENT of both parties, however the adjustment may not exceed more than five percent (5%) within any twelve (12) month period. A newly revised Exhibit 'B' must be submitted for approval. In addition, the CITY shall pay for reim- bursable expenses invoiced at the actual cost of expenditures incurred by the CONSULTANT if provided in the SERVICE AUTHORIZATION as follows: (i) Actual expense of transportation and lodging in accordance with CITY policy in effect at the time of travel when traveling in connection with each SERVICE AUTHORIZATION, express courier charges, and permit fees paid for securing approval of authorities having jurisdiction over the project. (2) Actual expense of reproductions, of Drawings and Specifications including duplicate sets of the completion of 15 each SERVICE AUTHORIZATION for the CITY'S review and approval. (3) Actual expenses of testing, laboratory services, and field equipment. (4) Actual expense of overtime work requiring higher than regular rates, when authorized by the CITY. (5) Actual expense of Auto Travel at the established CITY rate per mile for travel outside Palm Beach County. Subcontractual service shall be invoiced at the actual fees paid by the CONSULTANT, plus an additional ten percent (10%) of the cost of these services to compensate CONSULTANT, for the procuring and management of the sub- consultant, and for the other financial and administrative costs. Subcontractual services shall be approved by the CITY in writing prior to performance of the subcontractual work. Total Compensation (including, but not limited to compensation for sub-consultants) for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION, without written approval. If the CITY determines that any price for services, however calculated provided by the CONSULTANT, including profit, negotiated in connection with this AGREEMENT or any cost reimbursable under this AGREEMENT was increased by any significant sums because the CONSULTANT or any subcontractor furnished incomplete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. VIII.PAYMENT The CITY agrees that it will use its best effort to pay the CONSULTANT within thirty (30) calendar days from presentation of the CONSULTANT'S itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, subcontractual services, and reimbursable expenses as defined in Section VII. The CONSULTANT shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with those shown in Exhibit C. The report shall be adequate in detail to 16 IX. describe work progress (% complete for each task) and written sumraaries of work completed. No payment request shall exceed the value of work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. MISCELLANEOUS PROVISIONS A. Ownership Documents: Ail reproducible mylar drawings and CADD disks in a format compatible with CITY'S Computer system shall be given to the CITY. Details, design calculations, and all other documents and plans that result from the CONSULTANT'S SERVICES under this AGREEMENT shall become and remain the property of the CITY, including copyright rights, whether the project is completed or not, and will be delivered to the CITY upon demand. CONSULTANT reserves the right to retain a copy of all such documents for record purposes. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CITY upon request. The con- tract work is represented by hard copy documentation; software, is provided to the CITY for convenience only. B. Copies of Documents: The CONSULTANT shall prepare sufficient copies of all documents necessary to obtain approval through the City's processes, as well as other governmental authorities.. The CITY acknowledges that the materials cited in Paragraph IX A. and other data provided in connection with this Agreement which are provided by the CONSULTANT are not intended for use in connection with any project other than the project for which such materials are prepared. Any use by the CITY of such materials in connection with a project other than that for which such materials were prepared without prior written consent and adaptation by the CONSULTANT shall be at the CITY'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. Insurance: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such 17 duration as it otherwise specified hereinafter), the following insurance coverages: Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. Employer's Liability with limits of $t00,000 per person, $500,000 per occurrence and $100,000 per each disease. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06 {Engineers, Architects, or Surveyors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors Co do Products and Completed Operations - CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. Broad Form Property Damage Contractual Coverage applicable to this specific AGREEMENT. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: a. Owned Vehicles b. Hired and Non-Owned Vehicles c. Employers' Non-Ownership 18 Professional Liability Insurance per occurrence applicable to follows: Construction Cost Range Limit a. 0 - 99,000 250,000 b. 100,000 - 299,000 500,000 c. 300,000 - 499,000 750,000 d. 500,000 - Above t,000,000 with minimum limits CITY projects as Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub-consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. Prior to commencement of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs C1, C2, C3, C4. Ail policies covered within subparagraphs C1, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be named as an additional insured as to CONSULTANT'S liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifically to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certified copy of the professional liability insur- ance policy required by paragraph 4 above for the City's review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. For Notice of Cancellation and/or Restriction; the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis. 19 Litigation Services: It is understood and agreed that CONSULTANT'S services include reasonable participation in litigation or dispute resolution arising from this AGREEMENT. CONSULTANTS participation shall include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an extra service. Authority to Contract: The CITY represents that it is a Florida Municipal Corporation with the authority to engage the CONSULTANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHORIZATIONS. Fo Assignment: The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, neither the CITY nor the CONSULTANT will assign or transfer their interest in this AGREEMENT without the written consent of the other. Confidential Information: During all times that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the CONSULTANT and all information developed or work products produced by the CONSULTANT during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. Ail such information and work product shall be protected by the CONSULTANT and shall not be revealed to other persons without the express written permission of the CITY, unless mandated by order of the court. Non-Exclusive Contract: The CITY reserves the right to award projects to other firms pursuant to the Florida Statutes Consultant's Competitive Negotiations Act during the period of service of the CONSULTANT. The CONSULTANT agrees to cooperate with the CITY and other firms in accomplishing work that 2O may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: 1. Sharing technical information developed under con- tract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. Subconsultants: In the event the CONSULTANT, during the course of the work under this AGREEMENT requires the services of any subcontractors or other professional associates in connection with services covered by this AGREEMENT, CONSULTANT must secure the prior written approval of the CITY. Notices: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places of giving of notice to wit: CITY of Delray Beach CITY MANAGER City of Delray Beach, Florida 100 NW 1st Avenue Delray Beach, Florida 33444 CONSULTANT Ian A. Nestler, Principal PGAL 791 Park of Commerce Boulevard, Suite #400 Boca Raton, FL 33487 21 K. Attachments: Lo No Oo Request for Qualifications is hereby incorporated within and made an integral part of this AGREEMENT. Truth-In-Negotiation Certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. Records: Records of all expenses relative to each SERVICE AUTHOR- IZATION shall be kept on a generally recognized accounting basis and shall be available to the CITY or its authorized representative at mutually convenient times. Personnel: The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required in perform- ing the services under this AGREEMENT. Ail work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for performing such services. The project manager shall be approved by the CITY under each SERVICE AUTHORIZATION. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. Equal Opportunity Employment: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non-discrimination clause. This provision applies to all CONSULTANT'S subcontractors 22 mo and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. Prohibition Against Contingent Fees: The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this AGREEMENT. Termination: This AGREEMENT may be terminated by either party by seven {7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to the consultant. In the event the project described in any SERVICE AUTHORIZATION, or the services of the CONSULTANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY {specifically those referenced in paragraph IX.A. Further, prior to the CONSULTANT'S destruction of any of the above referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termination of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. Indemnification: In consideration of ten dollars ($10.00) and other valuable consideration, the CONSULTANT will at all times indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), any subcontractors, any materialmen or others who have been retained by the City or Contractor, or materialmen to supply goods or services to the project) and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of 23 action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this agreement. The CONSULTANT further agrees to indemnify, hold harmless and defend the City, its officers, agents and employees from and against any claim, demand or cause of action arising out of any negligence or misconduct of CONSULTANT for which the City, its agents, servants or employees are alleged to be liable. The indemnification's contained herein shall survive the expiration or earlier termination of this Agreement. Nothing in this AGREEMENT shall be deemed to affect the rights, privileges and immunities of the CITY as set forth in Florida Statutes 768.28. Interest of the Consultant: The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. Compliance with Laws: a o The CONSULTANT shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended from time to time, and that exist at the time of building permit issuance. For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supple- mental provisions as may be included in each SERVICE AUTHORIZATIONS. Jurisdiction; Venue: The CONSULTANT hereby covenants, consents and yields to the jurisdiction of the State Civil Courts of Palm Beach County, Florida. Any dispute between CONSULTANT and the CITY shall be governed by the laws of Florida with venue in Palm Beach County. 24 V. Internal Dispute Between Owner and Consultant: The City Manager shall be the final decision maker regarding internal disputes between CITY and CONSULTANT. Extent of Agreement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. This AGREEMENT does not entitle the CONSULTANT to receive any fee unless first being issued a Service Authorization. This AGREEMENT does not provide that a CONSULTANT is entitled to receive any Service Authorization. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the CITY Commission. This AGREEMENT applies only to those projects that are on the CITY'S Capital Improvement Plan (CIP), attached hereto as Exhibit "D". The CITY is not required to issue any Service Authorizations to CONSULTANT for any projects listed on the CIP. 25 IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its CITY Clerk, and the CONSULTANT has hereunto set its hand and Seal the day and year first written above. CITY OF DELRAY BEACH, FLORIDA By: MAYOR ATTEST: City Clerk Approved as to Form: CITY Attorney Witness Name Printed CONSULTANT By: PGAL, Inc. Title: lan A. Nestler Principal (Seal) Witness Name Printed 26 ACKNOWLEDGEMENT IF CORPORATION State of Florida County of Palm Beach BEFORE ME, the foregoing instrument, this day of 200_, was acknowledged by , on behalf of the Corporation and freely and voluntarily for the said person executed the same purpose therein expressed. WITNESS my hand and aforesaid this day of seal in the County and State , 200_. (SEAL) Notary Public My Commission Expires: ACKNOWLEDGEMENT IF AN INDIVIDUAL State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared , known to me to be the person in and who executed the foregoing instrument, and acknowledged before me that he/she executed the same. SWORN TO AND SUBSCRIBED before me this day of , 200_. Notary Public My Commission Expires: 27 ACKNOWLEDGEMENT IF A PARTNERSHIP State of Florida County of Palm Beach I duly authorized acknowledgments, executed the HEREBY CERTIFY that on this date before me, an officer in the state and county named above to take personally appeared , known to me to be the person in and who foregoing instrument as a partner of , a partnership. He/She acknowledged before that he/she executed the same as the act and deed of said partnership for the uses and purposes therein mentioned. SWORN TO AND SUBSCRIBED before me this , 200_. day of Notary Public My Commission Expires: 28 EXHIBIT "A" Service Authorization No. to the Agreement to Furnish Professional Services Dated Between the City of Delray Beach, Florida and PGAL, Inc. City P.O. Number: City Project Number: Project Title: Design Services for Old School Square Parking Garage General This SERVICE AUTHORIZATION, when executed, shall be incorporated in and shall become an integral part of the professional service agreement referenced above. Changes in the indicated Scope of Services will be subject to renegotiation and implemented through an Amendment to this agreement or an additional Service Authorization. Project Description The primary purpose of the project is to design a structured parking facility for approximately 570 cars. The structure shall be a maximum of 48' high, will incorporate 7,000 - 10,000 gross square feet of retail space at grade and be situated adjacent to the Old School Square Cultural Arts Center in Delray Beach. Scope of Services The work plan outlined below includes the development of alternative conceptual layouts and preliminary designs for the facility. These alternatives and preliminary plans will be developed through meetings, workshops and other activities designed for coordinating stakeholder input and consensus building. Additional services may be requested at the discretion of the City, including, but not limited to, preparation of final design and documents sufficient for permitting and construction, construction administration services and/or a design-build combination with a contractor to be selected by the City. We understand that an Oversight Committee will be formed consisting of 2 members from Old School Square, 2 members from the CRA, I member from City Parking and I City Project Manager (R. Hasko). The role of the Oversight Committee will be to provide specific program information and review stakeholder comments relative to the program. All communications are to be coordinated through the City Project Manager. We understand the stakeholders may include the following groups (final determination to be made by the Oversight Committee): 2. 3. 4. 5. 6. 7. 8. 9. Old School Square (OSS) Board Community Redevelopment Agency (CRA) Board Pineapple Grove Executive Board Pineapple Grove Design Committee Existing Tenants/Merchants Site Plan Review and Approval Board (SPRAB) Downtown Development Authority (DDA) Board Parking Management Committee Chamber of Commerce OFB~J8104OOO71SET56LDOC 1 10. 11. 12. City Attorney Local Utilities/Services (FP&L, Adelphia, BellSouth, Waste Management) City Fire Department Up to 10 total meetings will be held with stakeholder groups (individually or in combination) to obtain consensus on the program, alternatives and preliminary design. It is our intent to identify and review existing documentation (prior studies, surveys, etc. to be provided by City) to facilitate development of a conceptual design that addresses the needs of all users of the garage and occupants of the retail space. The preliminary design shall enhance safety for drivers, pedestrians and bicyclists on adjacent streets as well as respond the historic context of the downtown area. We will establish capacity needs for the garage (requirements for; retail, OSS, City, replacement of existing), identify traffic impacts and evaluate the surrounding roadway network for proper ingress/egress locations (elimination of one-way pairs to be studied by others) and consider potential service needs for the proposed retail and existing OSS Amphitheater. Garage planning will include analyses of ramp systems and grades, gate capacity and queuing at peak hours, revenue control, stall and aisle sizes, pedestrian circulation and structural systems. Preliminary architecture and engineering will include code research, envelope studies (elevations), exterior materials, mechanical (it is not intended for the garage to be mechanically ventilated), electrical (lighting), fire sprinkler, civil and landscaping. A budget construction cost estimate will be prepared for the approved preliminary design. Schedule PGAL will commence work on the Scope of Services described herein upon receipt of a fully executed copy of this Specific Service Authorization from the CITY, which will serve as the notice to proceed. Depending on the number and availability of stakeholders during the consensus building process, we anticipate having a preliminary design ready to submit for SPRAB review and approval within 120 calendar days of notice-to-proceed. Assumptions This scope of services is based on the following modifications to the Professional Service Agreement:: 1. III.A.5. A "general economic analysis of the Owner's requirements" is not included. IlI.A.6. A schematic report including a preliminary estimate of construction cost will be prepared, but it will not include an "allowance for engineering costs and contingencies, allowances for such other items such as charges for all other professionals and consultants, for the cost of lands and rights-of-way, for compensation for or damages to properties, and for permit review and/or approval fees by other governmental agencies, if required". III.B.7. Value engineering meetings, if necessary at this time, are included in the assumption of total meetings attended. DFBI9810400071SET561.DOC 2 Compensation to the CONSULTANT Compensation for basic professional consulting services as described herein shall be on a lump sum basis in accordance with Article VII.A.1 of the AGREEMENT. Basic Services Tasks and Fees are as follows: Task 1 Review of existing conditions and documentation $ 2,800 Task 2 Define preliminary program requirements $11,400 Task 3 Internal research and studies $ 4,900 Task 4 Provide up to 3 alternatives and report for review $14,600 Task 5 Build consensus with stakeholders $26,500 Task 6 Develop final concept plan for approval $28,800 Task 7 Prepare budget cost estimate $ 6,900 Task 8 Submit for SPRAB approval $24,600 Total Basic Services $120,500 All above fees are detailed on Attachment 1 to Exhibit A, Fee Schedule for Basic Services. Tasks 1, 2, 3 and 4 above fulfill the requirements of Article III.A Phase I - Study and Report Phase. Tasks 6, 7 and 8 fulfill the requirements of Article I]I.B Phase II - Preliminary Design Phase. A portion of Tasks will be applied to both Phases as meetings are held. Optional Services Tasks and Fees are as follows: Opt 1 Opt 2 Opt 3 Opt 4 Opt 5 Opt 6 Site survey (boundary, spot elevations, existing structures) $12,900 Traffic study (surrounding road network) $ 8,800 Underground utilities $ 3,800 Civil engineering for SPRAB $36,200 Landscaping for SPRAB $13,200 Rendering for SPRAB $ 5,000 All above fees Each Optional Total Optional Services $ 79,900 are detailed on Attachment 2 to Exhibit A, Fee Schedule for Optional Services. Service will require a separate written authorization from the City. DFB/9810400071SET561.DOC 3 This service authorization is approved contingent upon the CITY's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the CITY in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the CITY may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the CITY to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: PGAL, INC. (Corporate Seal) Date: lan A. Nestler, AIA, Principal Witness Witness David T. Harden City Manager Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of ,2004, by lan A. Nestler, Principal, PGAL, Inc., a Texas corporation, on behalf of the corporation. He is personally known to me and (did/did not) take an oath. Notary Public My Commission Expires: State of Florida (Seal) OFB~981040007/SET561.0OC 4 --000000~0 ~ ~ ~ O~o~o 00000000 I-- Z LU I-- I-- 00000000 0000000 ~0000000 0 · (DO 00000000 ~0000000 00000000 00000000 00000000 00000000 00000000 00000000 00000000 00000000 00000000 -- ~ 00000000 0 00000000 ddddd~dN ;_,oooooooo ~ 00000000 ~0 ~ooooooooo ~ooooooooo 00000000 00000000 0000000 00000000 00000000 00000000 00000000 ~0000000 0000000 0000000 ..~ X ILl mmm I-' X ILl 0 I-- I-- 000000 000000 ~00000 000000 000000 000000 000000 000000 000000 000000 .1- X mmm I-- LIJ }- I-- ~0 o "~ o · Oddddd 00000 000000 000000 oooo oooo oooo 000000 'I? X o<~ T~ o. o o o -- o o ~ o° o o o ' c:~ o Lo ~0 ~- 0 0 0 C:~ ~r- ~- O~ ~'~ ~0 O~ '~' n- co ~. ~o ~o o~ o o 13- ~ g ~o ~o 0o o~ o o o < +< w ~Z Oz~ X~z ¢+~ ~,< <m~ W~O0 EXHIBIT C SAMPLE -- COST NOT TO EXCEED FORMAT City of Delray Beach Project No. Purchase Order No. Task Order No. Description of services Period ending: INVOICE under Date Client Ref. Invoice No. Task Order No. LABOR Class Employee Name Rate Hours Amount Subtotal Labor EXPENSES Computer Word Processing Auto Rental Postage/Freight Air Transportation Print/Reprographics Supplies Subtotal Expenses TOTAL AMOUNT DUE THIS INVOICE COST SUMMARY Contract Amount Amount Earned This Period Amount Previously Earned Amount Remaining $ $ 32 City of EXHIBIT C (continued) SAMPLE INVOICE -- LUMP SUM FORMAT INVOICE Detray Beach Purchase Order No. Task Order No. Description of services under ending Total Fee % Complete Less Previous Billings Total Earned This Period TOTAL AMOUNT DUE THIS INVOICE Client Ref. No. Invoice No. Task Order Period 33 EXHIBIT C SAMPLE -- COST NOT TO EXCEED FORMAT INVOICE City of Delra~ Beach Project No Purchase Order No. Task Order No. Date: Client Ref. Invoice NO. No. Description of services under Task Order # Period ending: LABOR CLASS EMPLOYEE NAME RATE HOURS AMOUNT Subtotal Labor Expenses Computer Word Processing Auto Rental Postage/Freight Air Transportation Print/Reprographics Supplies Subtotal Expenses TOTAL AMOUNT DUE THIS INVOICE 34 AGENDA REQUEST Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda Date: July 30, 2004 When: August 3, 2004 Description of item (who, what, where, how much): Staff requests Commission approval of a contract with PGAL, Inc. for provision of professional services for preliminary planninq activities for the proposed Old School Square Cultural Arts Center Parkin.q Gara.qe. Scope of services includes evaluation of work to date on this phase of the OSS master plan, verification of facility capacity needs, development of alternative layouts for presentation to stakeholders for consensus buildin.q and refinement to a final siteplan and facility desiRn parameters and preparation of a construction bud.qet estimate for the proiect based on the final plan. Fees for the basic scope total $ 120,500 with fundin.q available n account #380-4150-572-63.29. A supplementary fee schedule is listed as Optional Services for budget purposes if Commission authorizes preliminary desi.qn and site plan approval activities. These fees are not included in the basic scope and will require additional Commission approval. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of a contract with PGAL, Inc. for $120,500. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re.~.~ed on all items involving expenditure of funds): Funding available: Funding alternatives: ~ .(if applicable) Account No. & Description: Account Balance: City Manager Review: ~PolP;°L~netdil:f° r age nde: ~10 ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved £1TY DF OELRAY BER£H FIRE-RESCUE DEPARTMENT ERV,NE, DELRAY BEACH GULF STREAM HIGHLAND BEACH DELRAY BEACH Ali-America City 1993 2001 MEMORANDUM To: From: Subject: Date: David T. Harden, City Manager Kerry B. Koen, Fire Chief Fire Apparatus Purchase July 27, 2004 The Fire-Rescue Department is requesting City Commission approval to purchase one (1) Pierce Manufacturing, Inc. pumper-ladder fire suppression unit with a 61 foot "Sky Boom" rescue ladder/water tower assembly. This unit will replace one of our 1988 pumper units. Ten-8 Fire Equipment Inc. of Bradenton, Florida is the local vendor for this product. This unit will be assigned as Engine 1 and will normally serve the central portions of the city, including the rapidly redeveloping central business district and the Federal Highway corridors. This unit has been selected due to its relative size, quick deployment capability of a medium length rescue ladder, and a design which utilizes a narrower outrigger/stabilizer footprint. This will be especially helpful when operating in many of the newer multi-family developments in the primary service area. We are also taking advantage of the trade-in value of two older vehicles including a 1981 pumper and a 2001 rescue vehicle. The combined trade-in allowances reduce the purchase price by $69,000. Additionally we will be utilizing the Lake County (Florida) fire apparatus bid (No. 99-150) which saves the City both cost and time by not having to craft a unique bid process for this equipment. We also recommend that the unit be pumhased using the Pierce Manufacturing, Inc. "pre-pay" discount in the amount of $15,377 based on 100% of the purchase price paid within 10 days of the order being placed. This will result in a net price to the City of $447,875.00. The pre-payment option has been reviewed by the Finance Department and found to be fiscally FIRE-RESCUE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444-2555 (561) 243-7400 ° FAX (561)243-7461 ~,..~ l~-- Printed on Recycled Paper advantageous to the City, and it is protected by a 100% performance bond. Delivery should be within 10-11 months of the date of issuance of the purchase order. I recommend that this item be placed on the August 3, 2004 City Commission Agenda for approval consideration. Enclosures: 3 CCi Mr. Safford Mrs. O'Connor Mr. Rumell Asst. Chief Tomaszewski Division Chief Giaccone Lt. Crelin Kerry B. Koen Fire Chief SUL-2G-2004 88:53 Ten-8 Fire Equiptment 941 ?56 2598 P,01/01 IN ~ERVICE TO SERVE YOU FIRE EQUIPMENT INC. 3uly 26, 2004 Delray Beach Fire Rescue Dept. Attn: Chief Kerry Koen 501 W. Atlantic Avenue Delray Beach, FL 33444 Fax: 561-243-7461 Chief Koen: This letter is to serve notice that Pierce Manufacturing, Inc, and Ten-8 Fire Equipment, Inc. authorize your city to utilize the Lake County Bid # 99-150 for your intended purchase. Option #I of your proposal will also include a 100% performace bond. We look forward to your anticipated purchase. Oann A. Bouwer President DAB;ch 2904 59th AVENUE DRIVE EAST · BRADENTON, FLORIDA 34203 (941) 7~6-7779 · Lona Distance, ~..~11' 1-P/~l-99.~-R.'M,~ . ~:~Y, 1_o,4 l_'~,~ -~no TOTAL P. 01 July 21, City of Delray Beach West Atlantic BLVI3 Delrny Beach, Florida 33444 The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Pierce Manufacturing, Inc., at its home of'rice in Appleton. Wisconsin, the apparatus and equ'pment hereto named and for the following prices: One Pierce Dash 61' SkyBoom Aerial Track $ 532,252.00 Purchase Thru Tag On to Lake County Contract 99-150 Optional Pre Pay Discounts - ~ee Attached Page Optional Trade Discounts - See Atiachcd Page Pricing Good for 45 Days Total $ 532,252.00 Said apparatus and equipment arc to be built and shipped in accordance with the specifications hereto attached, delays due to strikes, war, or intentional conflict, failures to obtain chassis, materials, or other causes beyond our control not prevcoting, within about 210-230 working days after receipt of this order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at Delray Beach, Florida The specifications herein contained shall form a part of thc final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. The proposal for fire apparatus conl'orn~s with all Federal Department or'Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines For Automotive Fire Apparatus as published at the time of bid, except as modifled by customer specifications. Any increased costs incurred by first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customers as an addition to the price set forth above. Unless accepted within 30 days from date, the right is reserved to withdraw this proposition. July 21, 2004 City of Delray Beach OPTIONAL TIRADE & PRE PAY DISCOUNTS With no trade of department trucks $532,252.00 1. 100% Pre Pay of $515,165.00 will include a 17.087.00 discount or, 2. Chassis Pre Pay with order of $206,124.00 will offer 8,829.00 discount or, 3. Chassis & Aerial Pre Pay with order of $318.724.00 will offer 12,609.00 discount With trade of 1981 C8000 E One Pumper (4,000.00) = $528,252.00 1. 100% Pre Pay of$511,264.00 will include a 16,988,00 discount 2. Chassis Pre Pay with order of $206,124.00 will offer 8,829.00 discount 3. Chassis & Aerial Pre Pay with order of $318.724.00 will offer 12.609.00 discount With trade of Medic Master Rescue (65,000.00) = $467,252.00 1. 100% Pm Pay of $451,776.00 will include a 15.476.00 discount 2. Chassis Pre Pay with order of $206,124.00 will offer 8,829.00 discount 3. Chassis & Aerial Pre Pay with order of $318,724.00 will offer 12,609,00 discount With trade of C8000 and Medic Master Rescue (69,000.00) = $463,252.00 1. 100% ) Pre Pay of $448,875.00 will include a 15,377.00 discount 2. Chassis Pre Pay with order of $206,124.0(1 will offer 8,829.00 discount 3. Chassis & Aerial Pre Pay with order of $318.724.00 will off'er 12,609.00 discount Trade price of Medic Rescue requires release upon sale. Trade price of C8000 subject to current pump test at release and good working order. Payment for pre pay based on payment within ten days of order. MEMORANDUM To: Fr°m~L~ Thru: Subject: Date: Kerry Koen, Fire Chief Rebecca S. O'Connor, Treasurer Joseph M. Saffor~i~ctor of Finance Fire pumper/ladder track July 22, 2004 I have attached an analysis determining whether there are cost savings attached to borrowing on a line of credit in order to pre-pay for a pumper ladder truck. It is clearly to our advantage to pre-pay for each option that you have presented to me. The comparison that is made is between the sum of the discount plus the interest expense relative to the borrowing and the lost interest on the pre-paid amount. Please see the columns titled, "Net Discount Amount" and "Lost Interest" for detail. Two items should be noted: 1.) the total amount in options 1 and 2 exceed the amount budgeted by $27,852 and $23,852, respectively and 2.) the amount of the vehicle charges left to be paid relative to the Medic Master Rescue truck total $77,180 while the amount of the trade-in is only $65,000 resulting in a shortage in the garage fund for a future pumhase totalling $12,180. My only concern for pre-paying the whole amount is the liability the City has in the event that the vendor files for bankruptcy. As discussed, you were going to confirm whether the vendor was going to put up a performance bond. If this is the case, then we should be ok. Cc: David T. Harden, City Manager 000 000 ooo ~o oo~ 000 000 000 000 o~ ooo o ooo 000 000 000 000 000 00~ 0 0 0 0 0 SKY-BOOM AERIAL WATER TOWER Make the Pierce® Sky-Boom the hardest xvorking, most versatile apparatus in your firefighting fleet. You can trust the superior first-attack, aerial and rescue performance of this lighter-weight, compact package. Available in 55- and 61-foot (16.72 m and 18.544 m) lengths, the Sky- Boom is designed for easy operation and maintenance, and custom built to deliver the best value of any elevated water tower. Enhance the effectiveness of your department with the Pierce Sky-Boom. lrust the Pierce Sky-Boom for: Complete Control. Pierce has simplified controls for this water tower to ensure safe, smooth operation on every call. The operator has three levers to control boom rotation, elevation and extension. It's an intuitive control system that's consistent with other aerials in your fleet to reduce training time. Hydraulic manual overrides inside the rear contro[ console provide an added safety factor. For complete freedom of movement, an optional wireless, proportional remote for smooth, precise control of ladder ir'unctions is also available. Since this option provides aerial and nozzle function control from up to 500 feet (152 tn) away, it gives you excellent visibility for control of aerial operations. Superior Fire Power. The Sky-Boom delivers an unrestricted 500-pound (225 kg) dry-tip load rating and a 250-pound (112.5 kg) tip load while flowing 1,000 gpm (3800 L/m) ofwaten Plus, the tip load rating goes up to 500 pounds (225 kg) while flowing 1,000 gpm (3800 L/in) at 45° to 85° elevations. Safer, Faster Response. For quick setup and rock-solid stability even in confined spaces, a single set of A-style stabilizers is located at the rear of the chassis. The aerial ladder features *vide steps, spaced 14 inches (35.56 cm) apart for a quick ascent. Heavy-duty, serrated rubber covers each step 1bt the ultimate in grip-ability. Lowest Travel Height. At just 10'8" (5.25 tn), the travel height of the Pierce Sky-Boom is the lowest of any elevated *rater tower apparatus. Unique, fold-down handrails make it possible. Built to Last. The Sky-Boom features a single, totally enclosed wate~vay for maximum protection against damage. Life- cycle cost savings are the result, since the waterway, extension cylinder and electrical *vicing are all located inside the boom and unlikely to be bumped, scraped or crushed on scene. Only the Sky-Boom allows you to remove the entire water~vay in a single piece by sliding it out, if it should ever need repair. Plus, Pierce is the only one to back its elevated water tower ,vith a 20-year lilnlted structural warranty. Economical Choice. The Pierce Sky-Boom is designed to offer the best performance in an aerial water tower at a very affordable price. Talk to your Pierce sales representative today to learn how this versatile piece of equipment can help your department. Single-Source Manufacturer. Pierce engineers and manufactures the complete apparatus--chassis, firefighting package and aerial device, assuring fierce attention to detail and flawless integration of sub-systems. With Pierce, one call is all you'll ever need to make. And, we back every apparatus with outstanding se~wiee, parts support and 2q-hours-a- day, seven-days-a-~veek expertise. We Build Confidence.® Typical Specifications: Models: · 55-foot (16.72 m) length. · 61-foot (18.544 m) length. Stabilizers: · Two A-style stabilizers. · 11 '11" (3.6322 m) stabilizer spread. Hydraulic System: · Load-sensing type. · Exclusive Parker-Hannifin SeaI-Lok, O-ring face-seal fittings on all tube and hose connections. · 3-year limited warranty on all Parker- Hannifin hydraulic components. · 20-collector ring electrical swivel. · Access panel located at rear control console. · Auxiliary electric hydraulic pump for 30-minute emergency run time. Monitor: · Akron model 3350, 1,000 gpm (3800 L/m), electric with manual override. · Automatic deploy/slow function. · Recessed in underside of tip boom for storage and nozzle protection. · Full 180° (go° side to side) lateral sweep. · Full 180° (-150 to +30) vertical travel. Aerial Controls: · Three individual levers for rotation, elevation and extension. · Electric or direct-hydraulic proportional control available. Rated Tip Loads: · 500 lbs. (225 kg) evenly distributed, while flowing water, up to 45~, in up to 20-mph (32-km/hr) wind. · 750 lbs. (337.5 kg) evenly distributed, while flowing water, above 45~, in up to 20-mph (32-kin/hr) wind. Chassis: Available on all Pierce custom chassis, including Sabe¢, EnforcerTM, Dash®, Lance®, Arrow and Quantum®, or your choice of commercial chassis. Testing: The Pierce Sky-Boom elevated water tower meets or exceeds all NFPA 1901 guidelines. All Pierce aerials are tested and certified by Underwriters Laboratories, Inc., the most recognized testing agency. Major Options: · Fold-down hand rails, reducing travel height to 10'8" (3.25 m). · Electronic, wireless proportional remote control for aerial operation. · Breathing-air system at tip of ladder. · Pump-panel controls. · 1lO-volt electrical connection at aerial tip. · 110wolt lights at aerial tip. · Strobe light at aerial tip. · Three-way communication system. · And more. The Sky-Boom sets up quickly with a single set of A-Style stabilizers. Simplified aerial device controls feature three levers and hydraulic manual overrides. Senzice panel provides easy access to hydraulic and electrical components. © Pierce Manufacturing [nc. Pierce, the Pierce logo, We Build Confidence, Saber, Daub, [.~nce and Quantum are registered trademarks of Pierce g~,anufacturlng luc. Appleton, W[ USA. Sky Boom and Enfo,cer are trademarks of Pierce Manufacturing Ine., Appleton, WI, USA. Specifications, descriptlon~ and illustrative material in this literature are as accurate as known at the time of The optional electronic, wireless control system is easily hand held, allowing the operator to stand up to 500 feet (152 m) from the apparatus for optimum visibility of boom operations. The boom can be positioned on windowsills and parapets thanks to the nozzle's recessed, protected location. The waterway, extension cylinder and electrical wiring are all located inside the boom. We BuHd Confldence~ 920/832-3231 www. piercemfg.com Request to be placed on: X Consent Agenda When: 08/03/04 AGENDA REQUEST Date: 07/27/04 Special Agenda Workshop Agenda Description ofagendaitem: Purchase of ~e: P~ pumper-ladder fire suppression unit in the amount of $447~R7~ ~rnm T~n-R Fire Equipment with fundin~ from Acct. No. 501-~12-Sq1-R&-?~ Garage Fund). ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: Recommendation: YES NO YES NO Department Head Signature: ~,o..~,--.---1 I-~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving exDenditure of funds): Fundin~J available: Yes ~ No Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # £1TY I]F DELRRV BERTH FIRE-RESCUE DEPARTMENT SERVING DELRAY BEACH GULF STREAM H!GHLAND BEACH DELRAY BEACH AII-AmericaCity '111 1993 2001 IJMEMORANDUM TO: David Hardin, City Manager FROM: J. Tomaszewski, Assistant Chief THRU: Kerry B. Koen, Fire Chief DATE: July 26, 2004 SUBJECT: Purchase of Integrated Personal Alert Safety System (PASS) upgrades The Fire-Rescue Department is requesting approval for the upgrade of twenty five Scott Aviation Self-Contained Breathing Apparatus (SCBA) air pack frame assemblies to include the integrated Personal Alert Safety System (PASS). This will be the last purchase in a three (3) year process to upgrade our SCBA units. This purchase will be taken from account #334-6112-519-64-90 and I request that this item be placed on the August 3, 2004 agenda for Commission approval. Attached is requisition #112919 in the amount of $27,490.95 from Pro-Am Safety, Inc. Your concurrence with this purchase is appreciated. Fire Chief Attachment Cc: Purchasing FIRE-RESCUE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · FAX (516) 243-7461 Printed on Recycled Paper PI610U02 Number : Type information Type (F4) Reason By Date Vendor number Name City Of Delray Beach Florida 0000112919 Purchase Requisition press Enter. 1 PURCHASE REQUISITION ~ASS UPGRADE REQUESTING TILGHMAN 072604 (F4) PRO-AM 7/26/04 15:13:03 B=Begins with,C=Contains Contract nbr (F4) Ship to (F4) Deliver by date Fiscal year code Type options, press 2=Change Opt Line# 1 2 3 F3=Exit FS=Requisition quotes S1 FIRE HEADQUARTERS 072604 C Enter. 4=Delete 8=Item extended description 9=Quotes Quantity UOM Description 25.00 EA BACKFRAME ASSEMBLY COMPLETE 26.00 EA SCOTT APPROVEL LABEL 25.00 EA PAK-ALERT SYSTEMS, PAK-ALERT SE DEALER INSTALLED Total: 27490.95 F4=Prompt F6=Add item F7=Alternate view F12=Cancel F20=Comments F21=Copy 07/27/2004 08:25 7247762263 PROAH SAFETY , INC. $51 Keystone Drive - Warrendale, PA - 15086 P/~GE 01 PHONE: 800_351.2477' FAX: 724.7?6,2263 E-MAIL: info@pro-am.corn TO: Delray Beach Fire and Rescue 501 West Atlantic Avenue Delray Beach, FL 33444 Dear Geoffery Cooper, We are pleased to quote the following items: ID MFG ITI~I # MeG DATE: Jul 27, 2004 VALID: May 26, 2004 - Dec 31, 2004 TERMS: Net 30 FOB: Shipping Point FAX: 561-243-7461 9457 804512-01 Scott Aviation 10009421 43189 (F)805796-01 Scott Aviation 25 Each - Backframe Assembly Complete, EACH $596.25 Air-Pak Fifty ,Spare 26 Each - Scott Ap.proval Label EACH $3.45 25 Each - Pak-Alert Systems, Pak-Alert SE, EACH $499.80 Dealer Installed Thank you for this opportunity to bid. If you have any further questions regarding this quote, please call me at 800-351-2477. Sincerely, Harry Rix /jg QUOTE: 13693 PAGE: 1 of 1 Ri~htFax 7/16/2004 9:35 AM PAGE 1/3 Fisher Soienti£ic _-_-_-_-_-'~.V ........................................................................... FISHER SCIENTIFIC I QUOTATION I PAGE: i JULY 16, 2004 DELRAY BEACH FIRE DEPARTM 501 WEST ATLANTIC AVENUE FISHER SCIENTIFIC COMPANY LLC 6507 N. HAP, NEY ROAD TAMPA FL 33610 DELRAY BEACH FL 33444 (800) 226-1126 CUST REF NBR QT/SCT ITEMS ACCOUNT NBR: 813864-001 I REQUESTOR: JEFF COPPER QUOTE NBR: 4198-5221-79 I PHONE: 5613858084 TERMS: NET 30 DAYS I FOB: DEST DUE DATE: I AUTHORIZED BY: MARY COOK *** PRICES ARE FIRM THRU 08/15/04 *** PLEASE REFER TO THE QUOTE NBR ON A.LL CORRESPONDENCE THANK YOU FOR YOUR INTEREST IN FISHER SCIENTIFIC COMPANY LLC SAFETY REP: CARTER HALL INBRI QTY IUNI CATALOG NBR I DESCRIPTION I UNIT PRC I EXTD PRC I I 11 25lEA I I 21 26lEA I I 31 25lEA 18 999 1169 SCT10009421 19 068333 HACK FRAME ASSY AP50 APPROVAL LABEL PAK ALERT SE+FIELD KIT MERCHANDISE TOTAL 649.84 3.74 544.68 246.00 97.24 13,617.00 129,960.24 RightFax 7/16/2004 9:35 AM PAGE 1/3 Fisher Soienti£ic QUOTATION TERMS AND CONDITIONS Fisher Scientific Company and/or its Curtin Matheson Scientific division (collectively the ~Distributor") will sell to the customer (~Customer") and Customer will purchase from Distributor the quoted products, subject to the following terms and conditions: PRICES: All prices are quoted F. O. B. shipping point for the indicated firm period. Customer shall pay all federal, state, municipal or other sales or use tax or any other taxes upon the Products or services provided to Customer by Distributor. Distributor reserves the right to make additional charges for special packaging, shipping and handling required to comply with manufacturers' specification, applicable DOT or other regulations, or to meet Customer requirements, Distributor expressly disclaims any representation or warranty concerning ~'most favored customer" pricing which may appear in any Customer's documents in connection with the sale of any Products by Distributor to Customer. TERMS: Distributor's standard terms of 30 days net are applicable to all domestic and foreign shipments. Invoices against Products shipped outside the United States are payable in United States currency. Distributor reserves the dght to collect interest at a rate equal to the higher applicable lawful interest rate on invoiced amounts not paid within thirty (30) days of invoice date, with interest to accrue monthly until full payment is received, DELIVERY: All shipping dates are approximate. Distributor reserves the ~ight to substitute altemate Products with equivalent specifications for those ordered, Customer shall have the right to return any substituted Products at no charge by following Distributor's return goods policy. PRODUCT WARRANTY AND INDEMNITY: To the extent possible, Distributor will make available to its Customers the manufacturers' warranties for Products purchased by Customer, without recourse to Distributor, Distributor warrants to Customer that during the manufactures specified warranty period, Distributor or manufacturer will, upon prompt notification and compliance with Distributor's instructions, repair or replace, at Distributor's sole option, any Product which is defective in material or workmanship. No employee, agent or representative of Distributor has the authonty to bind Distributor to any oral representation or warranty concerning any Product sold. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of Distributor shall not be enforceable by Customer. Distributor makes no warranty and shall have no obligation with respect to expendable or consumable parts and supplies nor with respect to damage caused by resulting fi.om accident, misuse, neglect, or unauthorized installation, alterations or repairs to the Products, DISTRIBUTOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Distributor's sole responsibility and the Customer's exclusive remedy for any claim arising out of the purchase of any Product is repair or replacement, as described above, in no event shall Distributor's liability exceed the purchase price paid therefor; nor shall Distributor be liable for any claims, losses or damages of any third party or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if Distributor has been advised of the possibility of such damages. Except as otherwise expressly set forth herein, Distributor disclaims any obligation to defend or indemnify Customer, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of Distributor's acts or omissions or the sale or use of the Products provided to Customer by Distributor. RETURN GOODS POLICY: Products described in Distributor's policy may be returned to Distributor within 30 days for replacement or adjustment. To assure prompt handling, Customer must obtain a return goods authorization number from Distributor and reference this number on return shipping documents Returns made without the authorization number will be returned to the Customer, freight collect. Distributor reserves the right to reserve any credit issued to Customer: (I) for any Product not returned after authorization and request by Distributor; or (ii) if, upon return, such Product is determined by Distributor not to be defective. Copies of Distributor's policy are available upon request. FREIGHT CLAIM POLICY: Even with the greatest of care, occasional damages or shortages are unavoidable, Upon receipt of a shipment fi.om Distributor, Customer shall unpack and inspect it for damage and shortage Customer shall not accept a damaged or short shipment until the delivering carder's driver has made a "damage~ or "shortage" notation on Customer's copy and the carrier's copy of the freight bill Customer must notify the carrier immediately. If damages are noted. Customer should immediately request the carrier to make an inspection. Concealed damage must be reported to the carrier within 15 days of delivery All shipping containers and packing materials must be retained by Customer for the inspection. Salvage must be held for carrier's disposition, MEDICARE/MEDICAID REPORTING REQUIREMENTS: The prices shown on this quotation are net of discounts provided at the time of purchase. Some Products may be subject to additional discounts agreed upon between the parties. By accepting such Products, customer agrees to comply with such reporting requirements as may be imposed on it under federal Medicare and Medicaid programs and state health care programs. 42 CFR Section 109 1 952 (N) SOFTVVARE: If the Products include computer programs ("Software"), the "sale" of such Software shall not constitute a sale or transfer of proprietary rights in or to the Software but rather shall only constitute the right and license to use the Software in accordance with applicable specifications, instructions and license terms and conditions of the licensor, PATENTS: If notified promptly in writing of any action or claim against Customer, that Customers purchase or use of the Product infringes a United States patent, Distributor will defend such action at its expense and will pay the costs and damages awarded in any such actions, provided Distributor shall have sole control of the defense of the action and all negotiations for its settlement or compromise. Distributor shall not have any liability to Customer if the infringement or claim thereof is based on (I) the use or sale of the Product in combination with other products or devices which are not furnished in combination by Distributor or (ii) the furnishing to Customer of any information, service or applications assistance, In no event shall Distributor's total liability to Customer under this provision exceed the amount paid by Customer to Distributor for the Product alleged to infringe, The foregoing states the entire liability of Distributor to Customer with respect to infringement of patents by the Products, any parts thereof or their operation, FORCE MAJEURE: The pedormance by Distributor of any covenant or obligation on its part to be performed under any agreement with Customer shall be excused by floods, strikes, or other labor disturbances, riots, fires, accidents, wars, embargoes, delays of carriers, failure of power, or regular sources of supply, acts, injunctions, or restraints of government, or any other cause preventing such pen~orrnance, beyond Distributor's reasonable control. LIMITATION OF ACTIONS: Any cause of action for breach of warranty must be brought by the Customer, if at all, within one (1) year from the date the cause of action accrued. Any discrepancy in Distributor's pricing or other charges shall be deemed waived by Customer unless Customer notifies Distributor thereof, in writing, within ninety (90) days from the date of the invoice on which such disputed transaction is reflected, MISCELLANEOUS: These Terms and Conditions shall control as to any Products provided by Distributor to Customer hereunder. None of the terms and conditions contained herein may be added to, modified, superseded or other~/ise altered except by written instrument signed by duly authorized representatives of Distributor and Customer. AGENDA ITEM NUMBER: Request to be placed on: X Consent Agenda When: Aug 3, 2004 Description of agenda item: AGENDA REQUEST Date: July 26, 2004 Special Agenda Workshop Agenda Purchase of twenty five integrated Personal Alert Safety System (PASS) upgrades. For Scott Avia~on Self-(~ontai,0ed Br.~at..h. ing Apparatus (SCBA) used by the Fire-Rescue ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: Recommendation: YES NO YES NO X Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes X No Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: Hold Until: 334-6112-519-64-90 No Agenda Coordinator Review: Received: Action: Approved: Disapproved: MEMORANDUM TO: FROM: DATE: RE: Joseph Safford, Finance Director City of Delray Beach John J. Callahan III, Library Director~ Delray Beach Public Library ~ ~- July 27, 2004 Purchase Order & Contract for the Construction of the Delray Beach Public Library As we have discussed, in order to comply with the State of Florida Library Construction grant requirements, it is necessary for the City to pay all construction expenses associated with the new building. To facilitate payments to the Construction Manager, the City will issue a purchase order for the amount of the contract. Attached are copies of the contract and change order #1 between the Library and BSA Corporation. The contract amount including change orders is $7,140,224. Funding will be provided as follows: $2,500,000 $ 8OO,OO0 $3,840,224 City of Delray Beach Grant City of Delray Beach advance of funds to be repaid by the Library Delray Beach Public Library In accordance with the amended Tripartite Agreement, the Library will forward a check to the City for $3,200,000 prior to July 31, 2004. The remaining needed funds will be forwarded to the City no later than December 31, 2004. The Library is scheduled to begin full-scale construction on August 2, 2004. In order to meet the construction date, please schedule an agenda item for the City Commission's consideration at its August 3, 2004 meetings. cc: City Manager 29 Southeast Fourth Avenue · Pelray Beach, Florida 33483 · (561) 266-0194 Fax (561) 266-9757 1998 EDITION AIA DOCUMENT A121/CMc-a ~-~n"~¢~nt'~t~ the Standard Form of Agreement Between Owner and Const:ructJon Manager Where the Constructa'on Manager Is Also the Const~ctor Tit/is amendment modifies the Standard Form of Agreement Between Owner and Construction Manager, AIA Document Am~CMc and AGC Document 565, ~99~ Edition. Where a portion of the Standard Form of Agreement Between Owner and Construction Manager is modified by this amendment, the unaltered portions shall remain in effect. The following changes are mac~e~to the Agreement dated December 1, 2003 between De'tray Beach P~blie L±brar~'~Assoc±ation, Inc. and ~BSA Corporation ?. %The Delray Beach Public ~tbrary In Paragraph ~.2~ the refen/nce to the ~9871 (Owner) (Construction Manager) (the Project). shall be ~O:l~2.sh'all be changed to A2m Services~ shall be changed to g ~.~ the'~ofls ~those Additional Services services~. Paragraph ~o.3 shall be changed to A2m Paragraph Arch ~:~,~Reproauct~o~ of~l~e_rnate~i'~ ~ere n or substant a quotat on of ts prov s OhS w thout perm ss on of PURPOSE. This document is intended to amend the 1991 Editions of AIA Document A 121/CMc and AGC Doc,Jment 565. Use of this document will ensure that the 1991 Editions of AIA Document AI21/CMc and AGC Document 565 comport with AIA Documen~ A201-7997, General Conditions of the Con tract for Construction, and AIA Document ~141- 1997, Standard ,Corm of Agreement Between Owner and Architect with Standard Form of Architect's So.ices. This document has impor- tant legal consequences; consulta-tion with an attor- ney is encouraged with respect to its completion or modification. AIA DOCUMENT A121~c-a AMENDMENT TO THE OWNER- CONSTRUCTION MANAGER AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. WashinBton, D.C. 20006-5292 5· In Clause 7a.7.~, the reference to Aam Subparagraph 7.3-7 shall be changed to M.m Subparagraphs 7.3.7 and 7.~.8. In Paragraph 8.2, the reference to A2m Paragraphs ~a.2 and n.3 shall be changed to' A2m Paragraphs n.2 and"l~4. In Subparagraph lo.m, the reference to A2m Subparagraph ~m shall be changed to A2m Subparagraphs ~l.~, ~4a.2 and ~1.4- In Subparagraphs ~0.2a and 10.2.2, the references to A2m Subparagraph ~4a.2 shall be changed to A2m Subparagraph ~1.3- 0 W N F. R {Signature) M A N-A G E R(Signature9 (Printed name and titlej C~ 'j Frinted name and title) WA~ENG:Un~C~ns~d~h~t~c~pyin8v{~i~esU-S.C~ht~vs~ndv~t~s6b]ec~h~vj~b~mi~. u ..c~.,=~.: / AIA DOCIJMENT AI21/CMc-a AMENDMENT TO OWNER- CONSTRUCTION MANAG[R AGREEM£NT The American Institute of Architects 1735 New York Avenue. N.W. _Washington, D.C. 2OOO6-5292 Document A121/CMc and AGC Document 565 Standard Form of Agreement Between Owner and Construction Manager where the Construction Manager is also THE CONSTRUCTOR 1991 EDITION THIS DOCUMENT HAS IMPORTMaVT LEGAL CONSEQUENCES; CONSULTATION IrZITH AN ATTOR.VEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is referred to herein. This Agreement requires modification if other general conditions are utilized. AGREEMENT made as of the (In worcL% indicate day, month and year) lac day of December in the year of 2003 BETWEEN the Qwper: (Nameandaddres0 ne±ray Beach Public Library Association, Inc. 29 SE 4th Avenue Delray Beach, FL 33483 and the Construction Mana~er: (Nameandaddress) BSA Corpoffation 9 NE 2nd Street Delray Beach, FL 33444 The Projectis: (Nam~ address and b~ef desc~ptio~ Delray Beach Public Library 100 West Atlantic Avenue Delray Beach, FL 33444 The Architectis: (Nameandaddress) Perkins & Will 999 Ponce de Leon Boulevard, Suite 915 Coral Gables, FL 33134 The Owner and C6nstruction Manager agree as set forth below; Portions of this document are derived from AIA Document A111, Standard Form of Agreement Between the Owner and Contractor where the basis of payment is the Cost of thc Work Plus a Fe~, copyright 1920, 1925, 1951, 1958, 1961, 1963, 1967 1974 1978 © 1987 by The .american Ins i ute of Architects; other port ons are derived from AGC Document 500, ©1980 by The Associated General Contractors of America. Material in this document differing from that found in AIA Document A111 and AGC Document 500 is copyrighted ©1991 by The American Institute of Architects and The.~sociated General Contractors of America. Reproduction of the material herein or substantial quotation of its provi$ OhS without written permission of AIA and AGC violates the copyright laws of the United States and will subjec~ the violator to legal prosecution. A1211 AGC 565-1991 I TABLE OF CONTENTS ARTICLE 1 1.1 '1.2 ARTICLE 2 GENERAL PROVISIONS Relationship of Parties General Conditions CONSTRUCTION MANAGER'S RESPONSIBILITIES 2.1 Preconstruct/on Phase 2.2 Guaranteed Maximum Price Proposal and Contract Time 2.3 Construction Phase 2.4 Professional Services 2.$ Unsafe Materials ARTICLE 3 3.1 3.2 3.3 3.4 ARTICLE 4 4.1 4.2 OWNER'S RESPONSIBILITIES Information and Services Owner's Designated Representative Architect Legal Requirements COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES Compensation Payments ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE 6.1 Costs To Be Reimbursed 6.2 Costs Not To Bc Reimbursed 6.3 Discounts, Rebates and Refunds 6.4 Accounting Records ARTICLE 7 7.1 7.2 ARTICLE 8 8.1 8.2 8.3 ARTICLE 9 9.1 9.2 9.3 CONSTRUCTION PHASE Progress Payments Final Payment INSURANCE AND BONDS Insurance Required of the Construction Manager Insurance Required of the Owner Performance Bond and Payment Bond MISCELLANEOUS PROVISIONS Dispute Resolution for the Preconstruction Phase Dispute Resolution for the Construction Phase Other Provisions ARTICLE 5 5.1 5.2 5.3 COMPENSATION FOR CONSTRUCTION PHASE SERVICES Compensation Guaranteed Maximum Price Changes in the Work ARTICLE 10 10.1 10.2 10.3 ARTICLE 11 TERMINATION OR SUSPENSION Termination Prior to Establishing Guaranteed Maximum Price Termination Subsequent to Establishing Guaranteed Maximum Price Suspension OTHER CONDITIONS AND SERVICES 2 AG~"~OS- 1991 Attachments AMENDMENT NO. 1 to Agreement Between Owner and Construction Manager STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER WHERE THE CONSTRUCTION MANAGER IS ALSO THE CONSTRUCTOR ARTICLE 1 GENERAL PROVISIONS 1.1 RELATIONSHIP OF PARTIES The Construction Manager accepts the relationship of trust and confidence established with the Owner by this Agree- ment, and covenants with the Owner to f~rnish the Construc- tion Manager's reasonable skill and judgment and to cooperate with the Architect in furthering the interests of the Owner. The Construction Manager shall furnish construction admin- istration and management services and use the Construction Manager's best efforts to perform the Project in an expedi- tious and economical manner consistent with the interests of the Owner. The Owner shall endeavor to promote harmony and cooperation among the Owner, .~.rchitect, Construction Manager and other persons or entities employed by the Owner for the Project. 1.2 GENERAL CONDITIONS For the Construction Phase, the General Conditions of the Contract shall be the 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, which is incorporated herein by reference. For the Preconstruction Phase, or in the event that the Preconstruction and Construc- tion Phases proceed concurrently, AIA Document A201 shall apply to the Preconstruction Phase only as specifically pro- vided in this Agreement. The term "Contractor!' as used in AIA Document A201 shall mean the Construction Manager. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager shall perform thc services described in this Article. The services to be provided under Paragraphs 2.1 and 2.2 constitute the Preconstructinn Phase services. If the Owner and Construction Manager agree, after consultation with the Architect, the Construction Phase may commence before the Preconstruction Phase is completed, in which case both phases shall proceed concurrently. 2.1 PRECONSTRUCTION PHASE 2.1.1 PRELIMINARY EVALUATION The Construction Manager shall provide a preliminary evalua- tion of the Owner's program and Project budget requirements, each in terms of the other. 2.1.2 CONSULTATION The Construction Manager with the Architect shall jointly schedule and attend regular meetings with the Owner and Architect. The Construction Manager shall consult with the Owner and Architect regarding site use and improvements, dations on construction feasib lity; actions des gned to mini- mize adverse effects of labor or material shortages; time requirements for procurement, installation and construction completion; and factors related to construction cost including estimates of alternative designs or materials, preliminary budgets and possible economies. 2.1.3 PRELIMINARY PROJECT SCHEDULE When Project requirements described in Subparagraph 3.l.1 have been sufficiently identified, the Construction Manager shall prepare, and periodically update, a pretimina~' Project schedule for the .~xchitect's review and the Owner's approval. The Construction Manager shall obtain the Architect's approval of the portion of the preliminarT Project schedule relating to the performance of the Architect's services. The Construction Manager shall coordinate and integrate the preliminary Proj- ect schedule with the services and activities of the (~wner. Architect and Construction Manager~ As design proceeds, the preliminary Project schedule shall be updated to indicate pro- posed activity sequences and durations, milestone dates for receipt and approval of pertinent information, submittal of a Guaranteed Maximum Price proposal, preparation and pro- cessing of shop drawings and samples, delivery of materials or equipment requiring iongqead time procurement. Owner's occupant3' requiremen~ showing portions of the Proiect having occupancy priority, and proposed date of Substantial Completion. If preliminary Project schedule updates indicate that previously approved scbeduIes may not be met. the Con- struction Manager shall make appropriate recommendations to the Owner and Architect. 2.1.4 PHASED CONSTRUCTION The Construction Manager shall make recommendations to the Owner and Architect regarding the phased issuance of Drawings and Specifications to facilitate phased construction of the Work, if such phased construction is appropriate for the Project, raking into consideration such factors as econ- omies, time of performance, availability of Iabor and mare- rials, and provisions for temporary, facilities. 2,1.5 PRELIMINARY COST ESTIMATES 2.1.5,1 When the Owner has sufficiently identified the Proj- ect requirements and the Architect has prepared other basic design criteria, the Construction Manager shall prepare, for the review of the Architect and approval of the Owner. a preliminary, cost estimate utilizing area, volume or similar con- ceptual estimating techniques. 2.1.5.2 When Schematic Design Documents have been pre- pared by the Architect and approved by the Owner. the Con- struction Manager shall prepare for the review of the Archi- tect and approval of the Owner, a more detailed estimate with supporting data. During the preparation of the Design Devel- opment Documents, the Construction Manager shall update and refine this estimate at appropriate intervals agreed to by the Owner, Architect and Construction Manager. and the selection of materials, building systems and equip- 2.1.5.3 When Design Development Documents have been ment. The Construction Manager shall provide recommen- prepared by the Architect and approved by~.~/~ the W/t/1/ 2~6~2~9~WARN~NG~n~cer~edph~t~p~ngv~at~U'~c~py~ght~v~a~dwi~~~ AGC 565- 1991 3 Construction Manager shall prepare a detailed estimate with teed Maximum Ptice, which shall be the sum of the estimated supporting dam for review by the Architect and approval by Cost of the Work and the Construction Manager's Fee. the Owner, During the preparation of the Construction Docu- ments, the Construction Manager shall update and refine this 2.2.2 As the Drawings and Specifications may. notbe f'mished estimate at appropriate intervals agreed to by the Owner, Azchi- at the time the Guaranteed Maximum Price proposal is pre- tect and Construction Manager. pared, the Construction Manager shall provide in the Guaranteed Maximum Price for further development of the 2.1.~.4 If any estimate subm tted to the Owner exceeds pre- Drawings and Specifications by the Architect that is consis- viously approved estimates or the Owner's budget, the Con- tent with the Contract Docurnezlts and re~ormblv inferable struction Manager shall make appropriate recommendations therefrom. Such further development does not include such to the Owner and .Architect. things as changes in scope, systems, kinds and quality of 2.1.6 SUBCONTRACTORS AND SUPPLIERS materials, finishes or equipment, all of which, if requi~ed, shall be incorporated by Change Order. The Construction .Xlanager shall seek tO develop subcontrac- tor interest in the Project and shall furnish to the Owner and 2.2.S The estimated Cost of the Work shall include the Con- Architect for their information a list of possible subcontrac- struction Manager's contingency., a sum established by the tors, including suppliers who are to furnish materials or equip- Construction Manager for the Construction Manager's ex- ment fabricated to a special design, from whom proposals will clusive use to cover costs arising under Subparagraph 2.2.2 be requested for each principal portion of the Work. The and other costs which are properly reimbursable as Cost of Architect will promptly rep y n wr tng to the Construction the Work but not the basis for a Change Order. Manager if the Architect or Owner know of any objection to 2.2.4 BASIS OF GUARANTEED MAXIMUM PRICE such subcontractor or supplier. The receipt of such list shall not require the Owner or Architect to investigate the quail fica- The Construction Manager shall include With the Guaranteed lions of proposed subcontractors or suppliers, nor shall it Maximum Price proposal a written statement of its basis, waive the right of the Owner or Architect later to object to which shall include: or reject any proposed subcontractor or supplier. ,1 A list of the Drawings and Specifications, including 2.1.7 LONG-LEAD TIME ITEMS ail addenda thereto and the Conditions of the Con- tract, which were used in preparation of the Guaran- The Construction Manager shall recommend to the Owner teed Maximum Price proposal. and Architect a schedule for procurement of long-lead time .2 A list of allowances and a statement of their basis. items which will constitute part of the Work as required to .3 A list of the clarifications and assumptions made by meet the Project schedule. If such long-lead time items are the Construction Manager in the preparation of the procured by the Owner, they'shall be procured on terms and Guaranteed Maximum Price proposal to supple- conditions acceptable to the Construction Manager. Upon the w ' ' ment the information contained in the Drawings and O ncr s acceptance of the Construct:on Manager's Guaran- Specifications. teed Maximum Price proposal, ail contracts for such items shall .4 The proposed Guaranteed. Maximum Price_ including be assigned by the Owner to the Construction Manager, who a statement of the estimated cost organized by trade shall accept responsibility for such items as if procured by the Construction Manager. The Construction Manager shall categories, allowances contingency; and other terns expedite the delivery of long-lead time items, and the fee that comprise the Guaranteed Maxi- - mum Price. 2.1.8 EXTENT OF RESPONSIBILITY .5 The Date of Substantial Completion upon which the The Construction Manager does not warrant or guarantee esti- proposed Guaranteed Maximum Price is based, and mates and schedules except as may be included as part of the a schedule of the Construction Documents issuance Guaranteed Maximum Price. The recommendations and dates upon which the date of Substantial Completion advice of the Construction Manager concerning design alter- is based. natives shall be subject to the review and approval of the 2.2.5 The Construction Manager shall meet with the Owner Owner and the Owner's professional consultants. It is not the and Architect to reviear the Guaranteed Maximum Price pro- Construction Manager's responsibility to ascertain that the posal and the written s;atement of its basis. In the evem that Drawings and Specifications are in accordance with applicable the Owner or .&mhitect discovers any inconsistencies or inac- laws, statutes, ordinances, building codes, rules and regula- curacies in the information presented, they, shall pr0mpdy lions. However, if the Construction Mansger recognizes that notif7 the Construction Manager, who shall make appropriate portions of the Drawings and Specifications are at variance adjustments to the Guaranteed Maximum Price proposal, its therewith, the Construction Manager shall promptly notify basis or both. the Architect and Owner in writing. 2.2.6 Unless the Owner accepts the Guaranteed Maximum 2.1.9 EQUAL EMPLOYMENT OPPORTUNITY Price proposal in writing on or before the date specified in AND AFFIRMATIVE ACTION ' the proposal for such acceptance and so notifies the Construc. The Construction Manager shall comply with applicable laws, tion Manager, the Guaranteed Maximum Price proposal shall regulations and special requirements of the Contract Docu- not be effective without written acceptance ~- the Construe- merits regarding equal employment opportunity and aft-tr, tion Manager. restive action programs. 2.2.7 Prior to the Owner's acceptance of the Construction 2.2 GUARANTEED MAXIMUM PRICE Manager's Guaranteed Maximum Price proposal and issu- PROPOSAL AND CONTRACT TIME ance of a Notice to Proceed, the Construction Manager shall not incur any cost to be reimbursed as part of the Cost of 2.2.1 When, ...~ .~the Drawings and Specifications are sufficiently the Work, except as the Owner may specifically authorize complet.e~on Manager shall propose a Guaran- in writing. · 4 AGC 565- 1991 20oo6-~209 * WARNiNO: Unlic~r,~d photo0opylng ~ U.S. oo~/~ght ~ and wi~ ~ th~ violator to I~ la~}~:uOon. 2.22 Upon ~ccep=nce b~ the Owner of thc Gu.~anteed M~c- imum Price proposal, thc Guaranteed Max/mum Price and its basis shall be set forth in Amendment No. I. The Guaranteed Max/mum Price shall be subiect ro addit/ons and deductions by a change in thc Work as provided in the Contract Documents and the date of Substantial Completion shall be subiect to adjustment as provided in thc Contract Documents. 2,2.9 Thc Owner shall authorize and cause thc Architect to revise the Drawings and Specifications to thc extent necessary. to reflect the agreed-upon assumptions and clarifications con- mined in Amendment No, 1. Such revised Drawings and Spec- ifications shall be furnished to the Construction Manager in accordance with schedules agreed to by the Owner, Architect and Construction Manager. The Construction Manager shall promptly notify the Architect and Owner if such revised Drawings and Specifications are inconsistent with the agreed- upon assumptions and clarifications. 2.2.10 The Guaranteed Maximum Price shall include in the Cost of the Work only those taxes which are enacted at the time the Guaranteed Max/mum Price is established. 2.3 CONSTRUCTION PHASE 2.3.1 GENERAL 2.3.1.1 The Construction Phase shall commence on the earlier of: (1) the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal and issuance of a Notice to Proceed, or (2) the Owner's first authorization to the Construction Manager to: (a) award a subcontract, or (bi undertake construction Work with the Con- struction Manager's own forces, or (c~ issue a purchase order for materials or equip- ment required for the Work. 2.3.2 ADMINISTRATION 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcon- tracts or by other appropriate agreements with the Construc- tion Manager. The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equip- ment fabricated to a special design for the Work from the list previously reviewed and, after analyzing such bids, shall deliver such bids to the Owner and Architect. The Owner shall then determine, with the advice of the Construction Manager and subject to the reasonable objection of the Architect, which bids will be accepted. The Owner may designate specific per- sons or entities from whom the Construction Manager shall obtain bids; however, if the Guaranteed Maximum Price has been established, the Owner may not prohibit the Construc- tion Manager from obtaining bids from other qualified bid- ders. The Construction Manager shall not be required to con- tract with anyone to whom the Construction Manager has re~onable objection. 2,9.2.2 If the Guaranteed Maximum Price has been estab- lished and a specific bidder among those whose bids are delivered by the Construction Manager to the Owner and Architect (1) is recommended to the Owner by the Construc- tion Manager; (2) is qualified to perform that portion of the moats of the Contract Documents without reser~rations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a change in the Work be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager :md the amount of the subcon- tract or other agreement actually signed with the person or entity designated by the Owner. 2.3.2.3 Subcontracts and agreements with suppliers furnisb- lng materials or equipment fabricated to a special design shall conform to the payment provisions of Subparagraphs 7.1.8 and ,'.1.9 and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. 2.3.2.4 The Construction Manager shall schedule and con- duct meetings at which the Owner, Architect. Construction .Manager and appropriate Subcontractors can discuss the status of the Work. The Construction Manager shall prepare and promptly distribute meeting minutes. 2.3.2.5 Promptly after the Owner's acceptance of the Guaran- teed Maximum Price proposal, the Construction Manager shall prepare a schedule in accordance with Paragraph 3.10 of AIA Document A201, including the Owner's occupanQ' requirements. 2.3.2.6 The Construction Manager shall provide monthly written reports to the Owner and Architect on the progress of the entire Work. The Construction Manager shall maintain a daily log containing a record of weather. Subcontractors working on the site, number of workers, Work accomplish- ed, problems encountered and other similar re!evant data as the Owner may reasonably require. The log shall be available to the Owner and Architect. 2.a.2.? The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncom- pleted tasks and proposed changes. The Construction Manager shall identify, variances between actual and estimated costs and report the variances to the Owner and Architect at reg- ular intervals. 2.4 PROFESSIONAL SERVICES The Construction Manager shall not be required to provide professional services which constitute the practice of architec- ture or engineering, unless such services are specificaliy required by the Contract Documents for a portion of the Work or unless the Construction Manager has specifically agreed in writing to provide such services. In such event, the Con- struction Manager shall cause such sen-ices to be performed by appropriately licensed professionals. 2.5 UNSAFE MATERIALS In addition to the provisions of Paragraph 10.1 in .:,IA Docu- ment Aa01, if reasonable precautions will be inadequate to prevent foreseeable bodily injury, or death to persons resulting from a material or substance encountered but not created on the site by the Construction Manager, the Construction Manager shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. The Owner, Construc- tion Manager and Architect shall then proceed in the same manner described in Subparagraph 10.1.2 of AI.{ Document Aa01, The Owner shall be responsible for obtaining the ser- Work; (3) has submitted a bid which conforms to the require- vices of a licensed laboratory, to verify the presence, pr al:~ence 2~e~52~9~WA~N~NG:Un~c~f~ed~V~a~.c~ght~aw~andwfl~a~JHectt~"~tm~ AGC 565- 1991 5 of the material or substance reported by the Construction Manager and, in the event such material or substance is found to be present, to verify, that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Construction Manager and Architect the names and qualifications of persons or enti- ties who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Construction Manager and Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Construction Manager or Architect has an objection to a person or entity, proposed by the Owner, the Owner shall propose another to whom the Construction Manager and Architect have no reasonable objection. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 INFORMATION AND SERVICES 3.1.1 The Owner shall provide full information in a timely manner regarding the requirements of the Project, including a program which sets forth the Owner's objectives, constraints and criteria, including space requirements and relationships. flexibility and expandahiiity requirements, special equipment and systems, and site requirements. 3.1.2 The Owner. upon written request from the Const~'uc- lion Manager, shall furnish evidence of Project financing prior to the start of the Construction Phase and from time to time thereafter as the Construction Manager may request. Fur- nishing of such evidence shall be a condition precedent to commencement or continuation of the Work. 3.1.3 The Owner shall establish and update an overall budget for the Project, based on consultation with the Construction Manager and Architect. which shall include contingencies for changes in the Work and other costs which are the respon- sibility of the Owner. 3.1.4 STRUCTURAL AND ENVIRONMENTAL TESTS, SURVEYS AND REPORTS In the Preconstrucrion Phase, the Owner shall furnish the following with reasonable promptness and at the Owner's expense, and the Construction Manager shall be entitled to rely upon the accuracy, of any such information, reports, surveys, drawings and tests described in Clauses 3.1.4.1 through 3.1,4.4, except to the extent that the Construction Manager knows of any inaccuracy: $.1.4.1 Reports, surveys, drawings and tests concerning the conditions of the site which are required bx- law. 3.1.4.2 Surveys describing physical characredftic~, legal 1Rnita- lions and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and struc- tures; adjacent drainage: rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and nec~-~a~ data pertaLning to ~dsting buildings, other improvements and tree~; and information concerning available utility Services and lines, both public and private, above and below grade, including inverts and depths. All information on the survey, shall be referenced to a project benchmark. 3.1.4.3 The services of geotechnical engineers when such services are requested by the Construction Managen Such Ser- vices may include but are not limited to test borings, test pits, determinations of soil beating values, percolation tests, evalua- tions of bn~'~rdous materials, ground corrosion and resistivity tests, including necessary operations for anticipating sub- soil conditions, with reports and appropriate professional recommendations. 3.1.4.4 Structural, mechanical, chemical, air and water pollu- tion tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports which are required by law. 3.1.4.5 The servicea of other consultants when such services are reasonably required by the scope of the Project and are requested by the Construction Manager. 3.2 OWNER'S DESIGNATED REPRESENTATIVE The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to ail matters requiring the Owner's approval or authorization. This representative shall have the authority to make decisions on behalf of the Owner concerning estimates and schedules. construction budgets, and changes in the Work. and shall render such decisions promptly and furnish information ' expeditiousl.~: so as to avoid unreasonable delay in the ser- vices or Work of the Construction Manager. 3.3 ARCHITECT The Owner shall retain an Architect to provide the Basic Ser- vices, including normal structural, mechanical and electrical engineering services, other than cost estimating services, described in the edition of AIA Document BI-H current as of the date of this Agreement. The Owner shall authorize and cause the Architect to provide those Additional Services described in AIA Document 13141 requested by the Construc- tion Manager which must necessarily be provided by the Architect for the Preconstruction and Construction Phases of the Work. Such services shall be provided in accordance with time schedules agreed to by the Owner, Archite~:t and Con- struction Manager. Upon request of the Construction Manager, the Owner shall furnish to the Construction Manager a copy of the Owner's Agreement with the Architect, from which compensation provisions may be deleted. 3.4 LEGAL REQUIREMENTS The Owner shall determine and advise the Architect and Con- ' struction Manager of any special legal requirements relating specifically to the Project which differ from those generally applicable to construction in the jurisdiction of the Project. The Owner shall furnish such legal services as are necessary' to provide the information and services required under Paragrap[a 3.1. A121/CMc .... 6 AGC 565- 1991 ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES The Owner shall compensate and make payments to the Construction Manager for Preconstmction Phase services as follows: 4.1 COMPENSATION 4.1.1 For the services described in Paragraphs 2.1 and 2.2 the Construction Manager's compemation'shall be calculated as follows: The Construction Manager's preeonstruction phase services are included, at a cost of $11,500, with payments of $1,500 per month commencing October 15, 2003. Notwithstanding the above, any amounts owing for preconstruction services shall be due & payable upon commencement of the construction phase of the project. '(,]/t 4.1.2 Compensation for Preconstmction Phase services shall be equitably adjusted if such services extend b .eyond 7 months from the date of this Agreement or if the originally contemplated scope of services is signifi- cantly modified. 4.1,3 If compensation is based on a multiple of Direct Personnel Expense, Direct Personnel Expense is defined as the direct salaries of the Construction Manager's personnel engaged in the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory, employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 4,2 PAYMENTS 4,2.1 Payments shall be made monthly following presentation of the Construction Manager's invoice and, where applicable. shall be in proportion to services performed. 4.2.2 Payments are due and payable ~'5. ft ten - ( 15 ) days from the date the Constr~action Manager's invoice is received by the Owner, Amounts unpaid after the date on which payment is due shall bear interest at the rate entered below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located· (Insert rate of interest agreed upon.) lX per month. ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES The Owner shall compensate the Construction Manager for Construction Phase services as follows: 5.1 COMPENSATION 5.1.1 For the Construction Manager's performance of the Work as described in Paragraph 2.3, the Owner shall pax' the Con- struction Manager in current funds the Contract Sum consisting of the Cost of the Work as defined in Article 6 an~l the Con- struction Manager's Fee determined as follows: The Construction Manager's fee shall_be fixed at six and one-half (6.5%) percent of construction costs as est~mneed at the time Guaranteed Maximum Price is established. The fixed fee will not be increased or decreased for changes in the work resulting from changes required by governmental agencies. For additional changes in the work incorporated for the benefit of the Owner, Construction Manager's fee shall be 7.5% of the cost of the change. AIAe · ©1991 · THE AMEmC. AN INSTITUTE OF ARCHITECr~ 1735 NEX~ YORK AVEI~ N:~. WASHI~IGTON, D.C ~52~ A121/CMc 2000~5209 ,, WARNING: Unflcenaed photocop~ng vlolmte~ U.S. copyflght lav~ and will subject tfte violator ~ i~al ~ AGe 565- 5.2 GUARANTEED MAXIMUM PRICE 5.2.1 The sum of the Cost of.the Work and the Construction Manager's Fee are guaranteed by the Construction Manager nor to exceed the amount provided in Amendment No. 1, subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum sum as adjusted by approved changes in the Work is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner. If the actual cost of the work plus the Construct/on Manager's Fee is less than the adjusted Guaranteed Maximum Price, the Owner shall pay twenty-five (25~) percent of such savings to the Construction Manager. Such payment shall be made at the time of final payment of the Contract sum. 5.3 CHANGES IN THE WORK 5.3.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of .Amend- ment No. 1 may be determined by any of the methods listed in Subparagraph 7.3.3 of AIA Document Aa01. 5.3.2 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Clause 7.3.3.3 of AIA Document Aa01 and the terms "costs" and "a reasonable allowance for overhead and profit" as used in Subparagraph 7.3.6 of AIA Document A201 shall have the meanings assigned to them in that document and shall not be modified by this Article 5. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. 5.3.a In calcuIating adjustments to the Contract, the terms "cost" and "costs" as used in the above-referenced provisions of AIA Document Aa01 shall mean the Cost of the Work as defined in Article 6 of this Agreement and the terms "and a reasonable allowance for overhead and profit" shall mean the Construction Manager's Fee as defined in Subparagraph 5.1.1 of this Agreement. 5.3.4 If no specific provision is made in Subparagraph 5.1.1 for adjustment of the Construction Manager's Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Subparagraph 5.I.1 will cause substantial inequity to ~he Owner or Construction Manager, the Construction -Manager's Fee shall be equitably adjusted on the basis of the fee established for the original Work. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE 6.1 COSTS TO BE REIMBURSED 6.1.1 The term "Cost of the Work" shall mean costs necessarily incurred by the Construction Manager in the proper perfor- mance of the Work. Such costs shall be at rates not higher than those customarily paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in this Article 6. S.1.2 LABOR COSTS .1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's agreement, at off-site workshops. .2 wages or Salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's agreement. All Construction Management personnel compensation, while specifically working on the project while stationed at the Principal office, shall be considered cost of the work .3 Wages and salaries of the Construction Manager's supervisory, or administrative personnel engaged, at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required-for the Work. .'4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements, and, for personnel not covered by such agreements, customary, benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided that such costs are based on wages and salaries included in the Cost of the Work under Clauses 6.1.2.1 through 6.1.2.3. 6.1.3 SUBCONTRACT COSTS Payments made by the Construction Manager to Subcontractors in ~ccordance with the requirements of the subco~ ~..-~J l~ ll/I/, AIA DOCUMENT A121/C$~ and ACC DOCUMENT 565 · OWNER-CONSTRUCTION ,MANAGER AGRERMENT * 1991 EDITION ~ ~e]] ]]/fl / AIA® · ©199t -THEA,MERICANINaHtUTEOFARCHITECm. 173S NEW YORK AVF, NUF~,N.W.W. tsHINGTON, D.C 20006.~209 A121/CM~/ gl" 2~5~9~wA~N~n~ph~t~n~v~w=~u~s.~m~ht~dw~u~te~vk~xt=~ AGC 565- 1991 8 6.1.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION .1 Costs, including transportation, of materials and equipment incorporated or to be incorporated in the completed consrruction. .2 Costs of materials described in the preceding Clause 6.1.4.1 in excess of those actually installed but required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any, shall be handed over to the Owner at the completion of the Work or, at the Owner's option, shall be sold by the Constructioo Manager; amounts realized, if any, from such sales shall be credited to the Owner as a deduction from the Cost of the Work. 6.1.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS .1 Costs, including transportation, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery,, equipment, and hand tools not customarily owned by the construction workers, which are pr(~- vided by the Construction Manager at the site and fully consumed in the performance of the Work; and cost less salvage value on such items if not fully consumed, whether sold to others or retained by the Construction Manager. Cost for items previously used by the Construction Manager shall mean fair market value. .2 Rental charges for temporary, facilities, machinery., equipment, and hand tools not customarily owned by the construc- tion workers, which are provided by the Construction Manager at the site, whether rented from the Construction Manager or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof. Rates and quantities of equipment rented shall be subject to the Owner's prior approval. .3 Costs of removal of debris from the site. .4 Reproduction costs, costs of telegrams, facsimile transmissions and long-distance telephone calls; postage and express delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. .5 That portion of the reasonable travel and subsistence expenses of the Construction Manager's personnel incurred v-bile traveling in discharge of duties connected with the Work. 6.1.6 MISCELLANEOUS COSTS .1 That portion directly attributable to this Contract of premiums for insurance and bonds. (If charges for self insurance are ;0 be mcludecl, specify the ha.¢i$ of reimbursement.) .2 Sales. use or similar taxes imposed by a governmental authority which are related to the Work and for which the Con- struction Manager is liable. .3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Construc- tion Manager Ls required by the Contract Documents to pay. .4 Fees of testing laboratories for tests required by the Contract Documents. except those related to nonconforming Work other than that for which payment is permitted by Clause 6:1.8.2. .6 Royalties and license fees paid for the use of a particular design, process or product required by the Conrtact Documents; the cost of defending suits or claims for infringement of patent or other intellectual property rights arising from such requirement by the Contract Documents; payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of setriements made with the Owner's consent; provided, however, that such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager's Fee or the Guaranteed Maximum Price and provided that such royalties, fees and costs are not excluded by the last sentence of Subparagraph 3.17.1 of A1A Document A201 or other provisions of the Contract .6 Data processing costs related to the Work. .7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specifi& responsibility to the Owner set forth in this Agreement. .6 Legal, mediation and arbitration costs, other than those arising from disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager in the performance of the Work and with the Owner's writ- ten permission, which permission shall not be unreasonably withheld. ,6 Expenses incurred in accordance with the Construction Manager's standar~l personnel policy for relocation and tem- porary living allowances of personnel required for the Work, in case it is necessary to relocate such personnel from distant locations. 6.1.7 OTHER COSTS .1 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner. 6.1.8 EMERGENCIES AND REPAIRS TO DAMAGED (~R NONCONFORMING WORK The Cost of the Work shall also include costs described in Subparagraph 6.1.1 which are incurred by the Construction Manager: .1 In taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safeq..' of persons and property, as provided in Paragraph 10.3 of AIA Document A20L ,2 In repairing or correcting damaged or nonconforming Work executed by the Construction Manager or the Construc- tion Manager's Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence or failure to fulfill a specific responsibility to the Owner set forth in this Agreement of the Construction /,.-~j~ . 2O~52O~WARN~NG:Un~ic~nsedph~t~c~pyfngV~at~ULS~c~pyHght~awsandw~theV~at~rt~n. AGC 565- 1991 9 Manager or the Construction Manager's foremen, engineers or superintendents, or other supervisory, administrative or managerial personnel of the Construction Manager, or the failure of the Construction Manager's personnel to super- vise adequately the Work of the Subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recoverable by the Construction Manager from insurance, Subcontractors Or suppliers. 6.1.9 The costs described in Subparagraphs 6.1,1 through 6.1.8 shall be included in the Cost of the Work notwithstanding any provision of AIA Document Aa01 or other Conditions of the Contract which may require the Construction .Manager to pa~- such costs, unless such costs are excluded by the provisions of Paragraph 6.2. ' 6.2 COSTS NOT TO BE REIMBURSED 6.2.1 The Cost of the Work shall not include: ,'~ Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Clauses 6.1.2.2 and 6.L2.3. ,2 Expenses of the Construction Manager's principal office and offices other than the site office except as specifically pro- vided in Paragraph 6.1. ' .3 Overhead and general expenses, except as may be expressly included in Paragraph 6.1. ,4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work. . .6 Rental costs of machinerT and equ pment, except as specifically prov ded n Subparagraph 6.1.5.2. .6 Except as provided in Clause 6.1.8.2, costs due to the negligence of the Construction Manager or to the failure of the Construction Manager to fulfill a specific responsibility to the Owner set forth in this Agreement. ,? Costs incurred in the performance of Preconstruction Phase Services. .8 Except as provided in Clause 6.1.7.1, any cost not specifically and expressly described in Paragraph 6,1. .9 Costs which wouId cause the Guaranteed Maximum Price to be exceeded. 6.3 DISCOUNTS, REBATES AND REFUNDS 6.3,1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (l) before making the payment, the Construction Manager included them in an Application for Pavrnem and received payment therefor from the Owner. or (2) the Owner has deposited funds with the Construction Y, lanage~ with which to make payments otherwise. cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. 6-3,2 Amounts which accrue to the Owner in accordance with the provisions of Subparagraph 6.3.I shall be credited to the Owner as a deduction from the Cost of the Work. 6.4 ACCOUNTING RECORDS 6.4.1 The Construction Manager shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract: the accounting and control systems shall be satisfactory to the Owner. 'The Owner and the Owner's accountants shall be afforded access to the Constructioh Manager's records, books, correspondence, instruc- tions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data reIating to this Project. and the Construction Manager shali preserve these for a period of three years after final payment, or for such longer period as may be required by law. ' - ARTICLE 7 CONSTRUCTION PHASE 7.1 PROGRESS PAYMENTS 7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates for Pav- merit issued by the Arch tect, the Owner shall make progress payments on account of the Contract Sum to the ConstructiOn Manager as provided below and elsewhere in the Contract Documents. 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last da..' of the month or as follows: ' 7.1.3 Provided an Application for Payment is received by the Architect notlater than the 5th day of a month, the Owner shall make payment to the Construction Manager not later than the 20th day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than f:Lfteen ' days after the Architect receives the Application for Payment. __1 ~"'t/~ A121/C AGC 565- 1991 10 ?.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or irtvoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or ~xceed (1) progress payments already received by the Construction Manager; les~ (2) that portion of those payments attributable to the Construc- tion Manager's Fee; plus (3) payrolls for the period covered by the present Application for Payment. ?.1.$ Each Application for Payment shall be based upon the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's lee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the A~chitect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Consimcrion Manager's Applications for Payment. ?.1.8 Applications for Payment shall show the percentage completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage completion shall be the lesser of (I) the percentage of that portion of the Work which has actually been completed or (2) the percentage obtained by dividing (a) the expense which has actually been incurred by the Construction Manager on account of that portion of the \York for which the Construction Manager has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. ?.1.? Subject to other provisions of the Contract Documents. the amount of each progress payment shall be computed as follows: ,'l Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiply- ing the percentage completion of each portion of the Work by the share of the Guaranteed Maximum Pric~ allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work. amounts not in dispute may be included as provided in Subparagraph 7.3.7 of AIA Document A201. even though the Guaranteed Maximum Price has not yet been adjusted by' Change Order. .c) Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitabIv stored at the site for subsequent incorporation in the Work or, if approved in advance by the Owner. suitably store~ off the site at a location agreed upon in writing. .S Add the Construction Manager's Fee. less retainage of t:eI~, percent I l0 %). The Construction Manager's Fee shall be computed upon the Cost of the Work described in the two preceding Clauses at the rate stated in Subparagraph 5.1.1 or, if the Construction Manager's lee is stated as a fixed sum in that Subparagraph. shall be an amount which bears the same datio to that fixed-sum Fee as the Cost of the Work in the two preceding Clauses bears to a reasonable estimate of the probable Cost of the Work upon its completion. .4 Subtract the aggregate of previous payments made by the Owner. .$ Subtract the shortfall, if an.~: indicated by the Construction Manager in the documentation required by Subparagraph 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's accountants in such documentation. .8 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9,5 of AIA Document A201. ?.1.8 Except with the Owner's prior approval, paymenrs to Subcontractors shall be subject to retention of not less than ten percent ( I0 %). The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments and retention for subcontracts. ?,1.9 Except with the Owner's prior approval, the Construction Manager shall not make advance payments to suppliers l~r materials or equipment which have not been delivered and stored at the site. 7.1.10 In taking action on the Construction Manager's Applications for Payment, the Architect shall be entitled to ceiv on the accuracy, and completeness of the information furnished by the Construction Manager and shall not be deemed to r~preseot that the Architect has made a detailed examination, audit or arithmetic verification of the documentation subthitred in accor- dance with Subpamgraph 'L1,4 or other supporting data: that the Architect has made exhaustive or continuous on-site inspec- tions or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner will be performed by the Owner's accountants acting in the sole interest of the Owner. 7.2 FINAL PAYMENT 7.2.1 Final pavment shall be made by the Owner to the Construction Manager when (I) the Contract has been fully performed by the Construction Manager except for the Construction Manager's responsibility to correct nonconforming Wor~. as provid- ed in Subparagraph 12.2.2 of AIA Document A201. and to satisfy other requirements, if an,~; which necessarily survive final payment; (2) a final Application for Payment and a final accounting for the Cost of the Work have been submitted bx' the Con- struction Manager and reviewed by the Owner's accountants; and (3) a final Certificate for Payment has then been' issued bv the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: AIA® · ~1991 ' THE AMEPdCAN INSTITUTE OF ARCHITECTS, 1,'35 NEW YORK AVENUE, NX~, W,~SHINGTON, D.C. 20006-5209 A121/CMc AGC 565- 1991 11 7.2.2 The amount of the final payment shall be calculated as follows: .1 Take the sum of the Cost of the Work substantiated by the Construction Manager's final accounting and the Construc- tion Manager's Fee; but not more than the Guaranteed Maximum Price. .2 Subtract amounts, if any, for which the Architect withholds, in whole or in part, a final certificate for Payment as pro- vided in Subparagraph 9.5.1 of AIA Document A201 or other provisions of the Contract Documents. ' ,3 Subtract the aggregate of previous payments made by the Owner. If the aggregate of previous payments made by the Owner exceeds the amount due the Construction Manager, the Construction Manager shall reimburse the difference to the Owner. 7.12.3 The Owner's accountants will review and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner's accountants report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Subparagraph 7.2.1 have been met. the Architect will, within seven days after receipt of the written report of the Owner's accountants, either issue to the Owner a final Certificate for Payment wi'th a copy to the Construction Manager. or notify the Construction Manager and Owner in writing of the Ar~hitect's'reasons for withholding a certificate as provided in Subparagraph 9.5.1 of AIA Document A20I. The time periods stated in this Paragraph 7.2 supersede those stated in Subpara- graph 9.4.1 of AIA Document A201. 7.12.4 If the Owner's accountants report the Cost of the '~brk as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to proceed in accordance with Article 9 without a further decision of the Architect. Unless agreed to otherwise, a demand for mediation or arbitration of the disputed amount shall be made by the Construction Manager within 60 da~ after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to make such de'and within this 60-day period shall result in the substantiated amount reported by the Owner's accountants becoming binding on the Construction. Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. 7.12.$ If, subsequent to final pavment and at the Oxx net's request, the Construcnon Manager incurs costs described in Paragraph 6.1 and not excluded by Parag~-aph 6.2 (1) to correct nonconforming Work, or (2) arising from the resolution of disputes, the Owner shall reimburse the Construction Manager such costs and the Construction Manager's Fee, if anx~ related thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guarant~ed .Maximum Price. If the Construction Manager has participated in savings, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. ARTICLE 8 INSURANCE AND BONDS 8.1 INSURANCE REQUIRED OF THE CONSTRUCTION MANAGER During both phases of the Project, the Construction Manager shall purchase and maintain insurance as set forth in Paragraph Il.1 of AIA Document A201. Such insurance shall be written for not less than the following limits, or greater if required by law: 8.1.1 Workers' Compensation and Employers' Liability meeting statutory limits mandated by State and Federal laws. If(l) limits in excess of those required by statute are to be provided or (2) the employer is not statmorilv bound to obtain such insurance coverage or (3) additional coverages are required, additional coverages and limits for such'insurance shall be as follows: 8.1.2 Commercial General Liability including coverage for Premises-Operations, Independent Contractors' Pro~ective. Products- Completed Operations, Contractual Liability, Personal Injury, and Broad Form Property Damage (including coverage for Explo- sion, Collapse and Underground hazards): $ 1,000,000 $ 2,000,000 $ 1,000)000 2,000,000 Each Occurrence General Aggregate Personal and Ads-ertising Injury. Products-Completed Operations Aggregate .1 The policy shall be endorsed to have the General Aggregate apply to this Project only. .2 Products and Completed Operations insurance shall be maintained for a minimum period of at lea-st ( o~.e ) year(s) after either 90 days following Substantial Completion or final payment, whichever is earIier. .3 The Contractual Liability insurance shall include coverage sufficient to meet the obligations in AIA Document A201 under Paragraph 3.18. ©1991 · THE AS.I£RIC. AN INSTITUTE OF ARCHITECTS, 17~5 NEW YORK AVENUE, NNvL, W~SHINGTON, D.C. 200055209 A121/CMc (~/~// AGC $65- 1991 12 8.1.tI Automobile Liability (owned, non-owned and hired vehicles) for bodily injury and property damage: $ 1 million Each Accident 8.1.4 Other coverage: Builder's risk insurance will be provided in an amount at least equal to the final building value. 'Owner shall be responsible for all de~cT~n~s. /~ 8.2 INSURANCE REQUIRED OF THE OWNER ~ ~r{'~'l~4'~r~ During both phases of the Project, the Owner shall purchase and maintain liability and property insurance, including waivers of subrogation, as set forth in Paragraphs 11.2 and 11.3 of AIA Dc'.cumerll~ATOl ' than the following limits, or greater if required by law:/-"f~.c[~[/~ ' such insurance shall be written for not less 8.2.1 Property Insurance: ~ ,l~,.j~.~ ~~ Owner to be responsible for all deductibles. ~"- , Deductible Per Occurrence Aggregate Deductible 8.2.2 Boiler and Machinery insurance with a limit of: 8.3 PERFORMANCE BOND AND PAYMENT BOND 8.3.1 The Construction Manager shall (Insert "s/Jail" or "shall not") furnish bonds covering faithful perfor- mance of the Contract and payment of obi gat ons arising thereunder. Bon'ds may be obtained through the Construction Manager's usual sourceand the cost thereof shall be included in the Cost of the Work. The amount of each bond shall be equal to one hundred percent ( 100 %) of the Contract Sum. 8.3.2 The Construction Manager shall deliver the required bonds to the Owner at least three days before the commencement of any Work at the Project site. ' ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 DISPUTE RESOLUTION FOR THE PRECONBTRUCTION PHASE 1.1 Claims. disputes or other matters in c to the b} 9.1.2 An 9.1 shall be held Mediation rently in effect, Demand for mediation: with the other the American Arbitration Assl~ciarion..Any demand for a reasonable time after the ~ or other matter in question has arisen. In no :he demand for media- tion be made after the equitable proceedings other matter in statute of limi~ 9.1.3 Any claim, resolved b~ dance with ti American ~ ,~titution of legal or suchXclalm, dispute or would be barred ~he applicable or other matter in qu'l~tion not :I by arbitration l~accor- ' Arbitration Rules'e~ the , in effect urdess~he 9.~.~Demand for arbitration shall i; ii otherNuartv to this Agreement and with the American tion A~..oc]ation. A demand for arbitration max- con- curr~ntl~,xwith a demand for mediation: ' within a'reasonable time after the clain' ter in ( n has arisen. In no event shall 5emand for after the date when ins _'gal or equitable ~pon such other matter in would be the applicable statute of limitati, 9.1.5 No Documents shall any other manner, or consultants, except b reference to the Agreemenl Owner. Construction ty sought to be joined. No solidstion or joinder or than the Owne: tot as described in or law whose to the Contract or joinder or in Architect's employees signed by the Architect. person or enti- · bx.- con- manner, par~ies other r, a separate contrac- uestion of fact to be accorded in No person or en 3ther than the Owner or I described in Article o ot )ocument A201 as an originaJ/t.hird party or additional third :) an arbi- tration wh..~e ipterest or responsibility is im ~al. Con- sent to ar/J~itrat}on involving an additional person o~entitv shall noJtconstitute agreement to arbitration ora ~ ipu'h no't descried !n sush consent or with a person or ~ ntitx nam~3 o.r described therein. The foregoing agreement t~ trat6 and other agreements to arbitrate with an additional A121/CMc AGC 565- 1991 13 so,.or entity duly consented to by parties to this Agreement, sha~q~e specificailv enforceable under applicable law in. fly court ~g juris~liction thereof, ~ 9,1.9 The a~rd rendered by the arbitrator or arb~i~atots shall be final, and ju~ment may be entered upon i~ accordance with applicable 1~.~ any court having j~diction thereof. 9.2 DISPUTE RE~.UTION FOR~HE CONSTRUCTION'I~$y 9.2~er m=trer in question ar~ement or breach thereof shall b~h A~le 4 of AIA Document A201~r~to arbitration, the pa~ by r~iation in accor- da~~Rules of the ~dy in effe~nless the pa~iation aris~under ~rdance w~m the.~ro- 9,3 OTHER PROVISIONS 9.3.1 Unless otherwise noted, the terms used in this Agree- merit shalI have the same meaning as those in the 1987 Edi- tion of AIA Document A201, General Conditions of the Con- tract for Construction. 9,3.2 EXTENT OF CONTRACT This Contract, which includes this Agreement and the other documents incorporated herein by reference, represents the entire and integrated agreement between the Owner and Con- struction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement ma3, be amended only by written instrument sign- ed by both the Owner and Construction Manager. If anything in an3' document incorporated into this Agreement is incon- sistent with this Agreement. this Agreement shall govern. 9.3.3 OWNERSHIP AND USE OF DOCUMENTS The Drawings, Specifications and other documents prepared by the Architect. and copies thereof i'~rnished to the Con- struction Manager, are for use solely with 'respect to this Proj- ect. They are not to be used by the Construction Manager, Subcontractors, Sub-subcontractors or suppliers on other proj- ects, or for additions to this Project outside the scope of the Work. without the specific written consent of the Owner and Architect. The Construction Manager, Subcontractors. Sub- subcontractors and suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Archi- tect appropriate to and for use in the execution of their Work under the Contract Documents. 9.3.4 GOVERNING LAW The Contract shall be governed by the lax,,' of the place where the Project is located. 9.3,$ ASSIGNMENT The Owner and Construction Manager respectively bind themselves, their partners, successors, assigns and legal rep- resentatives to the other party hereto and to parmffrs, suc- cessors, assigns and legal representatives of such other t~arty in respect to covenants, agreements and obligations contained in the Contract Documents. Neither parD' to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment ARTICLE 10 TERMINATION OR SUSPENSION 10.1 TERMINATION PRIOR TO ESTABLISHING GUARANTEED MAXIMUM PRICE 10.1.1 Prior to ~xecution b.v both parties of Amendment No. 1 establishing the Guaranteed Maximum Price. the Owner may terminate this Contract at any time without cause, and the Construction Manager may terminate this Contract for any of the reasons described in Subparagraph 14.1.1 of AIA Docu- ment A201. 10.1.2 If the Owner or Construction Manager terminates this Contract pursuant to this Paragraph 10.1 prior to commence- ment of the Construction Phase, the Construction Manager shall be equitably compensated for Preconstruction Phase ser- vices performed prior to receipt of notice of termination: pro- vided, however, that the compensation for such sen'ices shall not exceed the compensation set forth in Subparagraph -t. 1 10.1.3 If the Owner or Construction Manager terminates this Contract pursuant to this Paragraph 10.1 after commencement of the Construction Phase. the Construction Manager shall. in addition ~o the compensation provided in Subparagraph 10.L2. be paid an amount calculated as follows: .1 Take the Cost of the \'¢'ork incurred by the Const ruc- tion .Manager. .2 Add the Construction *lanager's Fee computed upon the Cost of the Sbrk to the date of termination at the rate stated in Paragraph 5.1 or. if the Construc- tion Manager's Fee is stated as a fixed sum in that Paragraph, an amount which bears the same ratio to that fixed-sum Fee as the Cost of \XDrk at ~he time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion. .3 Subtract the aggregate of previous payments made by the Owner on account of the Construction Phase. The Owner shalI also pay the Construction Manager fair com- pensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Clause 10.I.3.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a con- dition of receiving the payments referred to in this Article 10, execute and deliver all such papers and take ail such steps. including the legal assignment of such subcontracts and other contractual rights of the Construction Manager. as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. Subcontracts, purchase orders and rental agreements entered into bx- the Construction Manager with the Ownei"s writte'n approval prior to the execution of Amendment No. 1 shall con- rain provisions permitting assignment to {he Owner as described above. If the Owner accepts such assignment, the Owner shall reimburse or indemni~' the Construction Manager with respect to all costs arising under the subcon- tract, purchase order or rental agreement ~xcept those which would not have been reimbursable as Cost of the \Xbrk if the contract had not been terminated. If the Owner elects not to accept the assignment of any subcontract, purchase order without such consent, that party shall nevertheless remain or rental agreement which would have constituted a Cost of legally responsible for all obligations under the ContracL the Work had this agreement not been terminated, the Con¥~ff/ 2(x~6-52~9~wARN~N~:Un~c~n~ed~h~t~c~y~ngvi~at~ULS~c~pyright~vmandwi~su~thevi~~ AGC 565- 1991 14 struction Manager shall terminate such subcontract, purchase order or rental agreement and the Owner shall pay the Con- struction Manager the costs necessarily incurred by the Con- struction Manager by reason of such termination. 10,2 TERMINATION SUBSEQUENT TO ESTABLISHING GUARANTEED MAXIMUM PRICE Subsequent to ~cecudon by both parties of Amendment No. 1, the Contract may be terminated as provided in Article 14 of AIA Document A201. '10.2.1 In the event of such termination by the Owner, the amount payable to the Construction Manager pursuant to Sub- paragraph 14.1.2 of AIA Document A201 shall not exceed the amount the Construction Manager would have been entitled to receive pursuant to Subparagraphs I0.1.2 and 10.I.3 of this Agreement. 10.2.2 In the event of such termination by the Construction Manager, the amount to be paid to the Construction Manager under Subparagraph 14.1.2 of AIA Document A201 shall not exceed the amount thc Construction Manager would be enti- tled to receive under Subparagraphs 10.1.2 or 10.1.3 above, except that the Construction Manager's Fee shall be calculated as if the Work had been fully completed by the Construction M:/nager, including a reasonable estimate of the Cost of the Work for Work not actually con{pleted. 10.3 SUSPENSION The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201; in such case, the Guaranteed Maximum Price, if established, shall be increased as provid- ed in Subparagraph 14.3.2 of AIA Document A201 ~xcept that the term "cost of performance of the Contract" in that Sub- paragraph shall be understood to mean the Cost of the Work and the term "profit" shall be understood to mean the Con- struction Manager's Fee as described in Subparagraphs 5.1.1 and 5.3.4 of this Agreement. ARTICLE 11 OTHER CONDITIONS AND SERVICES 11.1 Once the Contract Time is established (Amendment No. 1) the following liquidated damages clause will apply: If the Construction Manager fails to achieye substantial completion within the contract time, and after a fifteen (15) day grace period, a sum orS100.00 per day in'the form of liquidated damages shall accrue. After forty-five (45) days, a sum of $150.00 per day thereafter shall accrue. 11.2 Owner acknowledges that prompt payment is critical for Construction Manager to maintain progress and schedule. Therefore, one calendar daY shall be added to the date of substantial completion for every day payment is considered past due until will be considered past due starting on the 16~ day after__. payment is received. Payment ~e Architect receives application for payment. ~__~) This Agreement entered into as of the day and year first written above. ' ~I~JTIOI~i You ,h;ld sign an original AIA docu;en, wlOc; ~, this caution printed In red. An original assures that changes will not be obscured as may occur when documents are reproduced. A121/CMc AGC 565- 1991 15 AMENDMENT NO. I TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Paragraph 2.2 of the Agreement, dated Deceiltbe~ 1 · 2003 between De.lray Beach Public THl~'cary ASSOC. ll~C.(Owner) and BSA CorlDor'ettion (Construction Manager), for ~ ~ B~achTc~C l,ihra._.-y (the ProjecO, the Owner and Construction Manager establish a Guaranteed Maximum Price and Contract Time for the WOrk as set forth belova ARTICLE I GUARANTEED MAXIMUM PRICE The Construction Manager's Guaranteed ?.laximum Price for the Work, including the estimated Cost of the Work as defined in Article 6 and the Construction Manager's Fee as defined in Article 5, is Seven leA. ilion N±nety Six Thousand Two Hundred Seventy Eight and 00/100 -~Dolla~ ($7,096,278.00 ). This Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amend- ment and marked Exhibits A Lhrough F, as follows: Exhibit A Drawings, Specifications, addenda and General, Supplementary. and other Conditions of the Contract on which the Guaranteed Maximum Price is based, pages through , dated Attached Exhibit B Allowance items, pages (See t~libit C) through , dated Exhibit C Assumptions and clarifications made in preparing the Guaranteed Maximum Price, pages Exhibit D Completion schedule, pages to be subsequently su~ Exhibit E Alternate prices, pages N/A through Exhibit F Unit prices, pages to be subsequently Su.J::~tittec~hrough through , dated Attached , dated , dated , dated ARTICLE II CONTRACT TIME The date of Substantial Completion established by this Amendment is: 365 days from cc~mencement of work on the building structure. OWNER.Delray Beach Public Library Assoc Inc CONSTRUCTION MAN~.GER:BSA Corporation ,, ........ I By: CA~OM: You shouldsign an original AIA document .ich has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. 2o006-5209 · WARNING~ Unlicef~m~ photocop~ng vloaite~ ~S. c~pyflght lavm and will mJ~ the Ylolato~ to legal A121/CMc AGC 565- 1991 16 Delmy Beach Public Library Exhibit "A" to Amendment No. 1 Guaranteed Maximum Price December ¶9, 2003 Page 2 of 2 DATED REVISED E-O01 E-002 E-100 EL-101 EL-102 EL~103 EP-101 EP-102 EP-103 ES-101 ES-102 ES-103 E-600 E-601 E-602 E-700 E-701 E-800 E-801 E-802 P-101 P-200 P-201 P-202 P-203 P-204 P-205 P-301 P-302 P-401 FP-101 FP-200 FP-201 FP-202 FP-203 FP-301 11.18.03 11.18.03 11.18.03 11.18.03 11.18.03 10.14.03 11,18.03 11.18.03 10.14.03 11.18.03 11.18.03 10.14~03 11;18.03 11.18.03 10.14.03 11.18.03 11~18.03 11.18.03 11.18.03 11.18.03 11.18.03 11.18.03 11.18.03 11.18.03 11.18.03 11.18.03 10.14.03 11.18.03 11.18.03 11.18.03 11.18.03 11.18.03 11.18.03 11.18.03 10,14.03 10,14.03 DELRAY BEACH PUBLIC LIBRARY EXHIBIT "A" to Amendment No. 1 GUARANTEED MAXIMUM PRICE December 19, 2003 Page I of 2 TITLE DATED REVISED GN-000 GN-001 Boundary Survey' C1 of 2 L1 of 2 L2 of 2 I-1 of 2 I-2 of 2 LS-O00 LS-101 A-101 A-201 A-202 A-203 A-301 A-302 A-303 A-401 A-402 A-410 A-420 A-421 A-422 A-601 A-602 A-701 A-702 A-801 A-802 A-901 A-902 S1 S2 S3 S4 S5 M-001 M-O02 M-101 M-102 M-103 M-301 M-401 M-501 M-502 · 10.14.03 10.14.03 4.21.03 10.14.03 10.14.03 10.14.03 10.14.03 10.14.03 12.3.03 12.3.03 12.3.03 12.3.03 12.3.03 12.3.03 12.3.03 7.10.03 12.3.03 12.3.03 12.3.03 12.3.03 12.3.03 12.3.03 12.3.03 12.3.03 12.3.03 12~3.03 12.3.03 12.3.03 12.3.03 12.3.03 12.3.03 10.14.03 10.14.03 10.14.03 10.14.03 10.14.03 11.18.03 11.18.03 11.18.03 11.18~03 10.14.03 11.18.03 · 11.18.03 11.18.03 11.18.03 12.03.03 12.03.03 12.03.03 12.03.03 12.03.03 12.03.03 12.03.03 12.03.03 12.03.03 12.03.03 12.03.03 12.03.03 12.03.03 12.03.03 12.03.03 12.03.03 12.03.03 12.03.03 12.03.03 12.03.03 12.03.03 12.03.03 12.03.03 CORPORATION GENERAL CON?R~CTOR5 CON~'RUCTION ~AGER~ EXHIBIT C TO AMENDMENT NO. 1 ASSUMPTIONS AND CLARIFICATIONS TO GUARANTEED MAXIMUM PRICE 12119103 FOR THE DELRAY BEACH PUBLIC LIBRARY 1) 2) 3) GENERAL a) As the design documents ara not complete at this time, Guaranteed Maximum Pdce (GMP) is based on praliminary design documents and assumptions made by the Construction Manager. Pdor to the Construction Phase, Construction Manager raserves the right to raquire changes to the design documents to comply with the assumptions made and budgets used in establishing the GMP and/or to adjust the GMP via change order to reflect the final design documents to be completed subsequent to this date. b) We assume we will utilize the existing parking lot for staging as described in letter from BSA to Delray Beach Library dated 9/19/03, and that funds to complete and restore staging araa will be added to the contract via change order. c) We exclude knowledge of ID drawings. d) We exclude cost of engineering design for any work except trusses, Filigrae slabs, and fire sprinklers. e) We exclude cost of engineering inspections, if raquirad. f) The Guaranteed Maximum Pdce includes an allowance of a $150,000 cradit that is expected to be generated as a rasult of sales tax savings through the Owner's purchase of some materials included in this GMP. SITEWORK a) We include removal of 3' of soil, proof rolling, and recompaction at building'pad area per 4/01 Nutting Engineer report. b) We include a labor and material allowance of $27,000 for plaza furniture. LANDSCAPING/IRRIGATION a) We include 30 Royal Palm Traes at 25-30' of gray wood. Deduct $84,100 from the landscape allowance if 6' gray wood trees may be used. Please note landscape drawings show 6' gray wood traes. b) We assume that the irrigation water source will be the domestic water service, and that a separate irrigation meter will not be used. c) We include a labor and material allowance of $25,000 for all work ralated to the interior dried bamboo to be placed in the lobby planter. d) We include diract burial Iow voltage control wiring for irrigation system valves. (no conduit) EXHIBIT C TO AMENDMENT NO. t ASSUMPTIONS AND CLARIFICATIONS TO GUARANTEED MAXIMUM PRICE DELRAY BEACH PUBLIC LIBRARY Page 2 of 5 4) 5) 9) 10) 11) 12) 13) 14) PRECAST CONCRETE a) We exclude precast sills on building. Per DD meetings, these will be eliminated and cast slabs will tie tiltup panels together. b) We include precast stair riser/treads on structural steel support for lobby stairway. STRUCTURAL CONCRETE 6) We include filigree precast 2nd floor slab. 7) We include tiltup.panels for exterior building skin. 8) We include concrete mix designs as established by the concrete manufacturer to attain structural compressive strengths established by the engineer of record. METAL LOUVERS a) We include aluminum louvers with powder coat finish. MISCELLANEOUS METALS a) We include a labor and material allowance of $6,160 for a stainless gdd system over the 2nd floor information desk. WOOD TRUSSES a) We include glue laminated trusses at column lines B-H (total of 7 trusses), and between column lines 6 & 7 only. 3x decking to be applied in this extedor area. The remaining areas are to be framed as follows: parallel cord 24" deep wood trusses will span between glue laminated main trusses. Between column lines A and H.9, underside to be finished with non-fire rated lx6 ~ V-joint cypress, directly applied to lx3 stripping to the underside of the 24' deep trusses. CARPENTRY a) We include round wood cap at atrium opening Iow partitions. Cap to be held to partition with aluminum brackets. CAB I NETRY a) We include a labor and matedal allowance of $23,785 for plastic laminate cabinetry at warming station, pantry, staff copier, work room, volunteer office. b) We include a labor and material allowance of $64,000 for wood/metal cabinetry at front desk, conference room, children's desk, 2nd floor information desk. c) We include Dupont Corian or similar countertop at the caf(~ counter. ROOFING a) We include mill finish 16.5' x 1" snap on standing seam panels, 24 ga., galvalume roof. Roof to be applied over 30# building paper with manufacturer's standard warranty, "EXHIBIT C TO AMENDMENT NO. t ASSUMPTIONS AND CLARIFICATIONS TO GUARANTEED MAXIMUM PRICE DELRAY BEACH PUBLIC LIBRARY Page 3 of 5 18) 17) 20) 21) 22) INSULATION a) We include R19 batt insulation applied to the underside of the 24" deep wood roof trusses at a/c areas. FINISH HARDWARE a) We include $5500 material and labor allowance for security hardwars at doors 120 and 122B, consisting of delayed egrsss mag lock system, voice option, RMB buzzer, power supply with battery backup. No provision for card readers is included. b) We include a material allowance of $17,075 for door hardware. FOLDING PARTITION a) We include folding partition by Hufcor or equivalent, STC 50 Omni Panel, including pocket doors for closet. Standard vinyl fabric face is included. No door in panel figured. GLASS AND GLAZING a) We include exterior storefront systems by Amarlite or equivalent, Amartite 3100 aluminum impact system with white powder coat painted finish and glazed with 9/16" evergreen impact laminated glass with Amadite impact entrance doors with butt hinges and surface applied closers and 3 point locking system with matching impact laminated spandrel glass. b) We include Kalwall impact system at three "U" openings and one "Q" opening. COILING GRILLES a) We include three overhead coiling grilles, Wayne Dalton model 600 mill finish aluminum, or equivalent, with key switch. PAINTING a) We include staining and urethane finish for wood doors and the lx6 wood decking of the 2nd floor ceiling. b) We include drywall painted with primer and 2 coats flat latex paint. Exterioi'tilt wall panels will be painted with Texcoat. Structural steel brackets for laminated trusses will be galvanized, unpainted. CERAMIC AND QUARRY TILE a) We include all interior ceramic and quarry tile thinset in sanded grout (no epoxy grout). Interior slabs/floor tile will not pitch to drains. CORK WALL SURFACE a) We include a labor and material allowance of $8,500 for cork wall surface in the Children's room. 23) VINYL FLOORING & BASE EXHIBIT C TO AMENDMENT NO. 1 ASSUMPTIONS AND CLARIFICATIONS TO GUARANTEED MAXIMUM PRICE DELRAY BEACH PUBLIC LIBRARY Page 4 of 5 24) We include 4- base in lieu of 6' base shown on drawings. 25) We exclude floor and base finishes inside the stair shafts. 26) 27) 28) 29) 30) 31) 32) 33) 34) ACOUSTIC CEILING a) We assume there is no ACT-3 in the project. All 2x2 ceiling is assumed to be equal to Celotex Baroque BET-154 2'x2'x5/8" white tegular edge ceiling panels with intermediate duty 15/16" white steel capped suspension gdd. WINDOW TREATMENTS a) We exc ude window treatments. SIGNAGE a) We include a labor and matedal allowance of $60,500 for all intedor and extedor signage. APPLIANCES a) We exClude coffee preparation and pantry appliances. b) We include a matedal allowance of $8,400 for all other appliances. BOOK DROP a) We include a labor and matedal allowance of $10,000 for book drop units. FOUNTAIN a) We include a labor and matedal allowance of $30,000 for all work related to the fountain. LIBRARY BOOK SECURITY SYSTEM a) We exclude all work associated with the library book secudty systems. ELEVATOR a) Elevator to be equal to ThyssenKrupp, Marquis 25, 2500 lb capacity, 100 FPM, DAP-1 plastic laminate covered applied panels inside cab, perimeter fluorescent ceiling, stainless steel ~ handrail, stainless steel ~ car door, baked enamel hall doom and frames, and 3 month maintenance agreement. PLUMBING a) We include fixtures in white with polished chrome exposed trim. b) We include circulating system for Ist floor hot water. c) We exclude piping to the elevator sump. d) We include PVC d/w/v piping where allowed by code. e) We include a 2" domestic water baCkflow preventer with a 2" water service in lieu of the 3" domestic water bacldlow preventer and 1.5" water service shown. EXHIBIT C TO AMENDMENT NO. 1 ASSUMPTIONS AND CLARIFICATIONS TO GUARANTEED MAXIMUM PRICE DELRAY BEACH PUBLIC LIBRARY Page 5 of 5 35) 36) SITE UTILITIES a) We exclude work related to the new fire hydrant. b) We assume new water and fire service will originate at the SW 2 Avenue water line. ELECTRICAL a) We exclude all work associated with the relocation of Atlantic Avenue light poles and electric power for landscape islands. b) We include a labor and matedal allowance of $4,500 for a basic paging Public Address system. c) We include a labor and material allowance of $18,000 for a closed cimuit TV system. d) We include a labor and matedal allowance of $12,000 for an intrusion security alarm. e) We include an allowance for the cabling infrastructure and wireless access points including 50/125 multimode 12 strand fiberoptic cable backbone, redundantCat 6 backbone, 50 pair Cat 3 copper cable, Cat 5E cabling, Ethernet 10/100 switches, 13 wireless access points, 1 equipment rack and fiber cards. Approximately 100 outlets will be 2-cable voice & data outlets, 10 will be single cable phone outlets, and 100 will be single cable for data. Servers and firewalls are excluded. f) We assume EMT conduit with cast set screw fittings and type MC cable will be acceptable for all areas where allowed by the National Electrical Code. GENERAL CONTRACTORS CONSTRUCTION MANAGERS DELRAY BEACH PUBLIC LIBRARY ADDITIONS TO 9122103 BUDGET Excavation & Backfill Added excavation required by Nutting report Bamboo Added bamboo allowance Bidg Shell Added full height columns on 2nd floor Added split face block feature wall (net) Precast Floor System Thickened 2nd fl slab due to cellular duct Architectural Precast Added architectrual precast stair (net) Added cap for split face wall (assume) added some structural sfl costs for stair Misc Metals Louvers added pipes to carry added louvers at north added stainless canopy over 2nd fl info Added between columns, front elevation Rough Carpentry Added rear roof element Roof structure at mech tower is timber (net) Plastic Laminates Added scope Cabinetry Added scope Corian Countertops Added scope Finish Hardware Added scope Security Hardware Added scope Hollow Metal Doors & Frames Added scope Glass & Glazing Added KalWall-net increase Added interior storefront Millwork Wood Doors Ceramic Tile Added millwork for 5 showcases Added scope Product cost plus 8' walls i.l.o. 5' wainscot $10,407 $25,000 $16,000 $6,638 $4,000 $17,000 $960 $3,000 $2,940 $6,160 $7,800 $10,595 $7,500 $23,785 $39,650 $5,513 $5,700 $5,525 $7,68O $11,300 $14,500 $3,000 $2,125 $9,561 Cork Walls Carpet Painting Added Scope Product cost Added staining/finishing of WOod deck $8,500 $29,601 $15,000 Stone Countertops Added scope Specialties Increased Signage Allowance Added Lockers Fire Extinguishers Added scope Bath Accessories Added scope Appliances Added scope Projection Screens Added scope Plumbing Add for increased roof drains Etectric Other $10,628 $50,000 $1,433 $3,000 $8,584 $8,875 $900 $5,000 Add for fixture cost over allowance $50,000 Added premium time for FPL for courthouse Add builder's risk insurance Liability Insurance on added items Builders Risk insurance on added items Construction Manager's Fee on added items $3,500 $30,500 $4,247 $2,381 $31,102 $509,589 C'RANGE ORDER OWNER ARCHITECT CONTRACTOR FIELD OTHER O: O: O: n: PROJECT: (name, address) TO CONTRACTOR: (name, address) Delray Beach Public Libra~j 100 West Atlantic Avenue Delray Beach, FL 33444 BSA Corporation 9 NE 2nd Street Delray Beach, FL 33~.~,~, CHANGE ORDER NO.: DATE: ARCH. PROJECTNO: CONTRACT DATE: CONTRACT FOR: CONT. PROJECTNO: 001 July 22, 2004 810045,000 December 01, 2004 Construction Management J0400 The Contract is changed as follows: 001rl Provide all Work in accordance with 90% construction documents as further described in BSA Corporation Qualifications to Change Order 1, July 22, 2004. 43,946 Not valid until signed by the Owner, Architect and Contractor. Tile original (~) (Guaranteed Maximum Pdce)was ............................................. $ 7,096,278 Net change by previously authorized Change Orders ..................................................... $ The (~ (Guaranteed Maximum Pdce) prior to this Change Order was .............................. $ 7,096,278 The ,'Ccn'.~:~ S::,,~,) (Guaranteed Maximum Pdce) will be (thcmased ~,'-'-cr'c-C _='*) by this Change Order in the amount of ................................................. $ 43,946 The new (~oe~r~l~-Stm~) (Guaranteed Maximum Pdce) including this Change Order will be ....................... $ 7,140,224 The Contract Time will b-c_ ',!ncrc:c:~_; ,"~-sc.osssc~;-(unchanged) by ( 0 ) days. The date of Substantial completion as of the date of this Change Order therafora is August 02, 2005 NOTE: This summary does not reflect changes In the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. -~ Perkins & Will ARCHITECT 999 Ponce De Leon Blvd. Address Coral Gables, FL 33134 DATE ~', .z.. ~. ~ '~ BSA Corporation CONTRACTOR 9 NE 2nd Street Address D^TE Delray Bch Public Library Assoc., Inc. OWNER 29 SE 4th Avenue Address D~a~ch, FL 3~_83 . COKFORATION GENERAL CONTRACTOP. S CONSTRUCTION MANAGEKS QUALIFICATIONS TO CHANGE ORDER 1 July 22, 2004 General Requirements 1. Upon execution of this Change Order, Exhibit C to Amendment 1 shall be deleted and this document shall be substituted in its place. 2. In the event of conflicts between contract documents, this document shall control and have precedence. 3. Allowances identified in the contract documents are deleted, and allowances are hereby incorporated into the contract as listed below. Allowance amounts include all applicable labor, material, taxes, delivery, installation, and handling unless specifically otherwise stated in the allowance description. Allowance 1: all work related to fountain, including but not limited to fountain structure, diamond bright finish, lights, pumps, access panels, fountain equipment, electrical wiring, plumbing, stainless steel, glass, framing/stucco, waterproofing: $30,000 Allowance 2: Tower trellis: $2,500 Allowance 3: All Soil Testing, certifications, and observations: $4,000 Allowance 4: All work related to the pedestrian/vehicular protection, detouring, and maintenance of traffic in the FDOT right of ways: $10,000 Allowance 5: Credit for anticipated savings through Owner direct purchase materials, to be deducted via change order from contract: ($160,000) Allowance 6: All work related to the NC chiller supports: $5,000 Allowance 7: Insulated Translucent Wall Systems: $20,000 Allowance 8: Security Hardware: $14,000 material Allowance 9: Finish hardware: $25,000 material Allowance 10: All work related to Atlantic Ave. street lights and receptacles: $10,000 Allowance 11: Book Drop canopy:. $5,000 Allowance 12: Contingency: $100,000 4. Allowance 8 Clarification- The Owner represents that as a non-profit 501(C)3 entity, it is exempt from paying sales tax for direct purchased materials to be incorporated into the Work. As such, it is anticipated that the Owner will deduct materials from this Contract in the amount of $2,666,667 by future change orders to purchase such materials. The credit allowance equals 6% of $2,666,667. As deductive change orders are written, the balance of this credit allowance shall be adjusted. 5. Construction coordination meetings are to be held weekly. Meetings shall be attended by Construction Manager, Owner, and Architect. Architect.representative shall have authority to act in capacity of Architect, and perform duties including but hot limited to Change Order approval, application for payment certification, field change directives, etc. 6. It is assumed that all accessibility requirements have been designed correctly into the project. Notwithstanding the fact that drawing sheets G-201 and G-202 (Florida Accessibility Standards) have been included into the design drawings, Construction Manager shall not be responsible for design compliance with applicable standards unless specifically shown on the drawings. BSA Corporation Qualifications to CHANGE ORDER 1 July 22, 2004 It is assumed the south parking lot (and related improvements on and adjacent to the parking lot) will be completed by others after completion of the work of this contract, and that the south surface parking lot area may be utilized by construction manager for construction related purposes. It is recognized by all parties that technical specifications are general in nature, and some requirements listed therein are not applicable to this project. In an effort to clarify requirements, Construction Manager has edited specifications, which are attached to and made a part of this Change Order. In the event of conflict between these specifications and Construction Manager's interpretation of the design intent, the Owner shall make final determination as to correct specification to be provided, and Construction Manager shall proceed as directed. Construction Manager may rely upon the affirmative review of submittals by Owner's representative and Architect as acceptance of Construction Manager's interpretation of design intent, and such affirmative review shall constitute Owner and Architect's acceptance of same for incorporation into project. For any cases where Owner's representative and Architect disagree upon acceptability of submittals, Library Beach Public Library Association, Inc. Board of Directors shall make final determination. Pursuant to meeting held 7/22/04, the following changes shall have precedence over the edited specifications identified above: · Section 06 402 page 7, 2.4C, last sentence change to: "Sized to provide 1-1/2" to 1-3/4" clearance between handrail and wall." · Section 02 210 page 2, 3.01 re-insert the 4th paragraph which was deleted in the edited specifications. · Section 02 220 page 1, 1.01B Reinsert this item. Add "This applies to all work in the public Right-of-Way and to over-excavated pipe trenches. · Section 02 220 page 2, 2.01A Reinsert this item. Add "This applies to all work in the public Right-of-Way and to over-excavated pipe trenches. · Section 02 220 page 2, 2.01B Eighth line, change "shall be deposited in layers approximately 12-inches thick..." to "shall be deposited in layers approximately 6-inches thick for first 12" of depth, and then in 12" lifts in accordance with City of Delray Beach standards..."~ · Section 02 220 page 2, 2.01D. Reinsert "only if conforming to specified requirements". Add "Testing, if required, shall be performed by others. Costs associated with replacement soils, if required, shall be performed via change order." · Section 02 220 page 3, 3.03E Reinsert this item. · Section 02 220 page 4, 3.05. D.3 Reinsert this item. Add "If existing soils are found to be unacceptable, new soils shall be imported via change order." Section 02 520 page 1, 2.01.B Reinsert this item. Section 02 Section 02 Section 02 Section 02 Section 02 Section 02 Section 02 574 page 1, 3.01.A Reinsert this item. 574 page 1,3.01.B Reinsert this item. 574 page 3, 3.02.B.4.a Add "Class 1'concrete shall be used in all cases." 574 page 3, 3.02.B.4.b Add "Class 1 concrete shall be used in all cases." 661 page 3, 2.05 Reinsert this item. 675 Reinsert this item complete. 900 page 5, 2.05 Reinsert this item. Owner Acceptance: Date: Page 2 of 14 / Construction Manager:. ~ Data: 7. ~-~'.. ,~,' BSA Corporation Qualifications to CHANGE ORDER 1 July 22, 2004 9. The following design is inc uded by the Construction Manager:. a. Tilt-up concrete lifting and temporary bracing provisions b. Filigree slab panel design (based on loads provided by others) c. Glue laminated wood trusses d. Parallel chord wood trusses e. Exterior storefront systems f. Fire sprinkler hydraulic calculations g. Interior glass railing h. Prefabricated stair #1 and stair #3 with railings. Responsibility for design of the following items is excluded by the Construction Manager. a. Embed plates b. Tilt-up wall panel design, c. Stair #2. d. Structural metal framing e. Other items unless specifically listed as included in these qualifications. 10. Sheet GN001 contains a table which lists plan dates and revision dates. Plan sheets listed in the table which differ from the drawings listed on Attachment 1 shall not be included in this Change Order. 11. The following addenda are included (as qualified herein): a. Addendum 1 dated 3/17/04 b. Addendum 2 dated 3/30/04 c. Addendum 3 dated 4/15/04 d. Addendum 4 dated 5/04104 12. It is recognized that certain changes to comply with the City of Delray Beach conditions of approval have not been incorporated into the drawings listed herein. These changes shall be incorporated into the project, and the associated costs shall be charged against the contingency allowance, to the extent available. If contingency is exceeded, these changes shall be incorporated by change order, and Construction Manager shall be entitled to fee for additive work associated therewith. 13. It is recognized that certain design issues addressed in addenda have not yet been included in the cost of this Change Order. Upon completion of the design of the outstanding issues, Construction manager shall estimate the costs associated therewith. These changes shall be incorporated into the project, and the associated costs shall be charged against the contingency allowance, to the extent available. If contingency is exceeded, these changes shall be incorporated by change order, and Construction Manager shall be entitled to fee for additiv~e work associated therewith. These items include, but are not limited to: Addendum Item No. Number I 1 1 6 1 61 I 62 Owner Accep~ Date: General Oescri_~on Electric power requirements for irrigation controller. Electric- some breakers changed but response did not state which Requested intrusion security clarification. Information provided is unclear. Electrical design drawings are required. Same as item 61 Date: _ Page 3 of 14 BSA Corporation Qualifications to CHANGE ORDER 1 July 22, 2004 I 63 1 64 I 65 2 97, 100 2 131 3 147 3 177 3 178 3 185 3 215 4 140 4 146 222 a-sk- 4 020 Same as item 61 Same as item 61 Same as item 61 Overhead coiling grille electrical design and architectural details needed. Requested gutter/downspout size response indicated further design review is required. Requested structural framing requirements. Responded "to follow". Requested cabinet details and elevations. Section provided, but no elevation. Requested front of coffee prep tiled wall detail. Received cabinet section incorrectly showing stone top, melamine finish. Requested dimensions for stair 2 framing. Response stated that specialty engineer will provide. Requested detail at truss/ceiling intersection. Response indicated "see revised A-SK-004(R ). Sketch not included as part of addendum. Requested framing for south entrance canopy. Response indicated "see revised 100% cd/bidding drawings". Requested electrical requirements for hand dryers. Response did not address all areas receiving dryers. Requested flashing detail for downspout. Sleeve attachment not provided, thickness of material not identified. 14. Notwithstanding tolerance requirements contained in the specifications to the contrary, all construction tolerances for the Work shall be in accordance with applicable published industry standards. 15. Where changes are required due to errors, omissions, or conflicts in design documents Construction manager shall estimate the costs associated therewith. These changes shall be incorporated into the project, and the associated costs shall be charged against the contingency allowance, to the extent available. If contingency is exceeded, these changes shall be incorporated by change order, and Construction Manager shall be entitled to fee for additive work associated therewith. 16. Where specified materials are required to comply with listed trade, governmental, or independent source's publications, and where such requirements ara not specifically described in the specifications, Construction Manager shall be furnished copies of such documents upon request. 17. Drainage, paving to be done per C1 & C3 revised 5/7/04, C2 & SW1 dated 5/7/04. All other work affecting site shall be as per drawings listed in Attachment 1. 18. This Change Order assumes construction will commence on or before August 2, 2004. Costs associated with commencement after this date shall be added via Change Order. 19. Construction Manager's General Conditions shall be charged as follows: Lump sum mobilization charge of $70,014 for pre-construction labor and $28,000 for preconstruction office expenses due to extended preconstruction services and delay in construction commencement. Such services and expenses shall be considered a cost of the work, and are to be payable to Construction Manager in full as a mobilization expense with the first Application for Payment. Upon construction commencement, Construction Manager's General Conditions shall be charged at a fixed sum amount of $35,175 per month until final completion. Construction Manager's General Conditions consist of all costs associated with project management, project engineering, project administrator, supervision, employee benefits for the before stated personnel, mobile phones, office furniture, office equipment, computer equipment, computer support for same, jobsite safety program. Owner Acceptance: ~- , Construction Manager:. ~---'""- ~,~ Page 4 of 14 ~,. ~., BSA Corporation Qualifications to CHANGE ORDER 1 July 22, 2004 20. Standard hourly rates for Construction Manager provided carpenters shall be $42.00 per hour. Standard hourly rates for Construction Manager provided laborers shall be $16.50 per hour. Hourly rates for other trades shall be as agreed upon by the parties. 21. SPECIAL CONDITIONS REGARDING SALES TAX-All requirements of the letter (and exhibits thereto) dated April 22, 2004 from Sara D. Faulkenberry, Tax Law Specialist for Florida Department of Revenue, to Susan A. Ruby, City Attomey, City of Delray Beach, are incorporated herein by reference and made a part of this Change Order. The following changes to the contract documents have been included in this Change Order, and have been made with the intention of clarifying, coordinating, and/or value engineering the project design. Owner shall review changes and consult with appropriate design professionals prior to execution of this Change Order. Acceptance by Owner shall constitute Owner's representation that all changes have been investigated and found to be appropriate, acceptable, and desirable. Construction Manager is not a licensed design professional. Accordingly, Construction Manager shall not be deemed to be the designer of any portion of this project, and shall not have liability with respect to changes of the design documents noted in this Change Order. Where applicable, Owner shall have the design documents revised to reflect the scope included herein. Division 2 1. Excavation and compaction shall be provided per Nutting Engineers of Florida, Inc. letter dated January 7, 2004, designed to achieve 3000 psf bearing capacity. If additional work is raquirad to attain design soil bearing capacity, it shall be considered outside the scope of this contract. 2. Topsoil shall not be provided under sod. 3. It is assumed that existing on-site fill materials will be suitable for backfill. 4. Investigative digging and removal of unsuitable materials shall be considered outside the scope of work. 5. Removal of subsurface improvements is excluded unless specifically shown on contract documents. Where subsurface soil conditions and existing subsurface improvements are referenced in the contract documents, Construction Manager shall rely upon those documents as reflecting actual conditions. Construction Manager shall not be required to be knowledgeable of existing concealed or subsurface conditions unless such existing concealed or subsurface conditions are specifically identified in contract documents. 6. "Rollock" paver edge shown on sheet L2 is excluded. All pavers shall be manufacturer's standard shapes. Sealer for brick pavers as shown on 11/A510 is excluded, and geotextile fabric is excluded. 7. The existing concrete paver edge curbing at the south side of the Atlantic Avenue paver sidewalk shall be demolished. 8. Testing of the disinfection of waterlines per 02 675 is excluded. 9. Removal of existing matedal classified as hazardous or special waste is excluded. 10. Removal of tenant furnishings and fixtures inside buildings shall be performed by others prior to demolition. ~ 11, not used. 12. Existing oak tree designated to be relocated shall be replaced. New tree shall be 12'-14' overall, 3" caliper. 13. Material specified as "river run rock" shall be locally available river jack rock (earth tones). 14. Flowable fill under pavers is excluded. 15. For pavement slopes designed at less than 2% slope, acceptable tolerance for ponding shall be %' in depth. 16. Faux bamboo related work is excluded. Owner Acceptance: Construction Manager:. Date: ~.-,, ~_~\ ~ Date: Page 5 of 14 BSA Corporation Qualifications to CHANGE ORDER 1 July 22, 2004 17. Shadowline benches ara excluded. 18. Bike racks ara excluded. 19. Trash raceptacles ara excluded. Division 3, Division 4 1. 1" x 6" base at interior columns per 20/A510 and addendum 3, item 162 shall be deleted. Interior columns shall be painted concrete without base or stucco. 2. Elevator pit is to be 4' deep if acceptable to elevator manufacturer. Elevator pit detail on S4 is to be followed in lieu of tilt-up panel details which show pit walls constructed with tilt-up panels. 3. Concrete curbs for pavers are to be installed only at the 9 planters containing royal palm trees along Atlantic Avenue. No other curbs along the paver edges are included. 4. Precast sills and column caps, typical at building exterior, are to be tilt-up or cast in place at Construction Manager's option. 5. Reveals in tilt-up panels are excluded where they are concealed, whether or not these reveals are shown on drawings. 6. Curbs at mechanical room partitions are excluded. 7. Housekeeping pads are to have 6x6-10/10 welded wira mesh in lieu of 6x6-4/4 mesh as noted on plan sheet GN001 note III. 8. MW-2 is to be 8" masonry per structural drawings in lieu of 10" masonry shown on 5/A432. 9. Cost of all structural Inspections, if required, are excluded. 10. Vapor barrier under slabs is to be 6 mil visqueen in lieu of 10 mill visqueen. 11. Furnishing 1000 lbs of surplus reinforcing steel as raquired by S4 is excluded. 12. Concrete mix designs shall have 0.55 water cement ratio as requirad by S4. This ratio may not necessarily provide the specified weight of' cement as required by S4. 13. Welded wire mesh in slabs on grade is to be rolled plain 6x6 10/10 mesh. 14. Thermal expansion shall be provided for only where indicated on the structural drawings. It is assumed that the design documents indicate all required locations whera expansion and contraction shall be considered. 15. Exterior wall mockups, as requirad by A410, are excluded. 16. The General Exterior Wall Notes F and P on sheet A410 shall be disregarded. 17. Concrete floor slab shall not be recessed at thinset ceramic floor tile areas as shown on 4/A510. Division 5 1. All stair railings at stairs I & 3 will be factory primed steel, field painted per 09 910. 2. Steel stairs shall be as specified, and shall not be concrete filled as noted on $4. 3. If additional brackets are required to support 2" thick precast concrete stair treads, they shall be considerad outside the scope of work. 4. All tilt-up embed plates shall be factory primed (not galvanized) and field painted at all araas not exposed to weather. 5. In lieu of louvers shown on drawings, louvers ara to be fixed angular 4" louvers for types 4, 7, 8, and 9. Type 3 are fixed, mounted vertical. Finish on louvers is to be Kynar. Louvers ara not "sight proof" as required by A801, note 1G. Louvers do not have blankoff panels. Louvers type 1 are excluded. Louvers will not be impact rated, storm-proof or sight-proof as required by drawing notes. 6. Architectural louvers type 3 shall have bird screens. No other amhitectural louvers shall have bird screens. 7. Framed bird screen at south wall of tower shall be 5'x5' maximum. Owner Acceptance: Construction Manager, Date: Date: Page 6 of 14 BSA Corporation Qualifications to CHANGE ORDER July 22, 2004 8. In lieu of decorative eave support bracket embedded into soffit as shown in Addendum 3, item 205, A-SK-015, a connection plate will be provided at the soffit of the eave support to allow a bolted installation after the stucco and paint are complete. 9. All structural steel buckets inside building are to be shop primed or plated. Structural steel buckets exposed to weather are to be hot dipped galvanized. 10. Twenty eight banner attachments are to be provided. 11. Painted aluminum trim plates to conceal tilt-wall panel connections as noted on 1/A420 are excluded. Further information is required. 12. Millwork finish M1 identified on A901 is excluded. Division 6 1. Items identified as part of the FFE package are excluded. All furnishings, furniture, are excluded. 2. lx2 is to be used in lieu of lxl for tdm piece shown in A-SK-004 addendum 2. 3. At clerestory section 11/S8, blocking shall be provided under 2x12 wood joists as required to provide a nailing substrate of the 1x6 ceiling at the elevation shown on 11/S8. 1X6 wood ceiling is to be installed in shor~ (N/S) direction per 11/S8, not long (E/W) direction as shown on 1/A432. Interior tongue & groove shall be #2 cedar. 4. Wood handrail brackets for handrails occurring in drywall or masonry are to be Morse Industries S10- 0301VEL1.5. 5. Stone countertop noted in addendum 3, item 179, A-SK-011 is to be solid surface. 6. Decking for tower roof is assumed to be 2x6 syp. Specification section 06181, Glued Laminated Decking is deleted, as no reference is found in drawings to such material. 2x6 Decking is to be #1 grade, not select grade. 7. 2x8 wood decking shown for the exterior soffits on 1/A431 is to be lx6 as shown on 4/S7. 8. Timber roof structure is to be factory stained only with one coat of semi-transparent oil. Perfect match to architect sample cannot guaranteed. 9. Faces of factory glue laminated units are to be stained, but not sealed. 10. Beam ends of timber & laminated units shall not be treated with wood preservative as required by specifications. 11. The maximum moisture content of glue laminated units shall be 15% per AITC standards. 12. Cabinetry and countertops at quiet study 214, 215 are to be plastic laminate. Division 7 1. Caulking between tilt-up panels is to be a standard caulk joint at exterior side only. (Addendum 3, item 191 requiring interior and exterior sides of tilt-up panels to be caulked is excluded.) 2. Waterproofing membrane is to be applied only at elevator pit, under the exterior built-in benches, and under tile of Terrace 226A. Waterproofing membrane at elevator pit and built-in benches is to be Tremco TP60 or equal. Waterproofing membrane at Terrace 226A shall be Tremco Vulkem 450 or equal. All other waterproofing and damp-proofing is excluded. 3. "acrylic mastic sealant at all ceiling/~vall/floor gaps" noted in detail 10/A603 is excluded. 4. Gutters and downspouts are to be pre-finished galvalume, not galvanized per specification section 07610. 5. The continuous removable leaf screen with sheet metal frame and hardware cloth screen as required by specifications for gutters is excluded. Basket strainers are to be provided. 6. "Backer rod and sealant, typ" shown 4" below the top of flashing in addendum 4, item 222, A-SK-020 is excluded. 7. Caulking shall not be applied between stained wood-to-stained wood connections. Owner Acceptance: Date: Page 7 of 14 Construction Manager: ~ ~, ~ Date: ~--~-~ ~ BSA Corporation Qualifications to CHANGE ORDER July 22, 2004 8. Slip sheet and polyethylene membrane under metal roofing as required by project specifications is excluded. 9. Typical roof insulation shall be R-19 unfaced batts. 10. Sating detail 8/A411 is excluded, as this condition cannot be located on drawings. 11. Caulk joints occurring at thinset tile or stone occurring at junction of floor and wall is excluded. 12. Soldering of pre-painted roof flashings is excluded. Fastening shall be done in accordance with industry standards. 13. Insulation is to be provided on the east building wall to under side of roof deck. 14. Fire barrier under metal roofing is excluded if acceptable to local authorities having jurisdiction over the work. 15. Metal roofing is to be manufactured by Aeicor Metal Products, Inc. or equal. Seams are to be 14" on center. 16. Batten covers for metal roofing are excluded (none shown on plans). Division 8 1. Structural steel shapes needed to "pad out" the tracks of the overhead coiling grilles are excluded. 2. There is to be no glass storefront system as shown on A201 for the exterior wall of mechanical reom 129. 3. Storefront system shall be equal to Amarlite 3100 impact system with Powdercoat 6000 finish (6 manufacturer's warranty provided). 4. There are no glass doors on the north elevation of coffee lounge 111 as shown on A310. Door shall be installed as shown on floor plan A201. 5. Low E glass and double insulated glass as specified on drawings is excluded. All exterior glass shal be $olex Green. 6. The following doors designated as hollow metal shall be aluminum storefront doors with impact glass to match exterior glass: Door 100B, 103, 120. 7. No exterior door openings will have transoms except the automatic entrance doors. Where louvers are shown above door openings, they shall be inset in a tilt-wall recess above the doors. 8. Exterior display case glass is to be %" tempered. 9. Patterned glass shown for door type "C" is to be tempered glass with applied film. 10. General Exterior Wall Note S shall be disregarded. Window system shall be manufacturer's standard tested system. 11. Breakmetal shown as 1/8' thick shall be .040". 12. Handrail clearances shown for the glass railings shall be subject to the clearances provided by the specified handrail bracket. 13. Hollow metal sill is to be installed on floor in lieu Df detail 26/A801 which shows carpet extending under sill. 14. Hollow metal door frames will not be grouted where occurring in drywall partitions. 15. Flashings for Exterior Wall may be aluminum, galvanized, or stainless steel. 16. Standard hollow metal door frame profiles shall be used for this project. As such, door will not necessarily be located in the centerline of the partition width as shown on details on sheet A510. 17. Sheet A802, note 5, which changed the hollow metal designation to 2" aluminum doors, is excluded. 18. Any work associated with a fire rating designation of "R" shown on the door schedule shall be excluded. 19. No provisions have been made in the extedor wall details to accept owner's maintenance system as required by Exterior Maintenance System Note A, sheet A410. 20. The following changes are to be made to the door schedule: Owner Acceptance: ~ I ;)'~ ~ 3"~ Construction Manager:. Date: Date: Page 8 of 14 BSA Corporation Qualifications to CHANGE ORDER 1 July 22, 2004 Dr Door FRM Mark Dr Type Count Size Door Mat Size HM 100B G 2 3070 HM FUL GL 6070 ALUM HM 103 G 2 3070 HM FUL GL 6070 ALUM 104A F 1 3070 HM FLUSH 3070 HM 110 F I 3070 HM FLUSH 3070 HM 111C I 2 3070 WD 6"GL 6070 HM 111D N/A N/A N/A N/A N/A N/A 116B N/A N/A N/A N/A N/A N/A 120 O 2 3070 HM FUL GL 6070 ALUM 122A F 2 3070 HM FLUSH 6070 HM Rating CHANGE THIS TO STOREFRONT CHANGE THIS TO STOREFRONT SCHEDULE CALLS FOR 6070, SHOULD 45 BE 3070 SCHEDULE CALLS FOR 6070, SHOULD BE 3070 CHANGE THIS TO 45 HM BY CABINET INSTALLER BY CABINET INSTALLER CHANGE THIS TO STOREFRONT SCHEDULE CALLS FOR 3070, SHOULD BE 45 6070 SCHEDULE CALLS FOR 3070, SHOULD BE 122B F 2 3070 HM FLUSH 6070 HM 6070. EXCLTRANSOM 128B F 1 3070 HM FLUSH 3070 HM EXCLUDE TRANSOM HOHE 1.5 CHANGE TO FIRE 129 F 2 3070 HM FLUSH 6070 HM B RATED 135 A 1 3070 WD FLUSH 3070 HM 46 NONE DELETE FIRE RATING N4DN~ 1.5 CHANGE HM & TO 201 A F 1 3070 WD HM FLUSH 3070 HM B FIRE RATED 202 A 1 3070 WD FLUSH 3070 HM 4.5 NONE DELETE FIRE RATING WD HM SMALL 217 D 1 3070 LVR 3070 HM CHANGE TO HM 219 A F 1 3070 WD HM FLUSH 3070 HM CHANGE TO HM SCHEDULE CALLS FOR 6070, SHOULD BE 226A G 1 3070 ALUM 3070 ALUM 3070 BY CABINET 2ND2 N/A N/A N/A N/A N/A N/A INSTALLER Division 9 / 1. Work associated with rubber flooring and %" thick wood vinyl flooring shown on drawings is excluded. 2. All steel stairs and railings are to be field finished per 09 910. 3. Exposed ductwork shall NOT be painted or finished in any way. 4, Interior columns shall be painted concrete without base or stucco. 5. A raised stucco band is to be provided under the storefront glazing located on column line 6 between columns I and K, 2°" floor in lieu of the concrete sill shown on 1/A422. Owner Acceptance: Date: Page 9 of 14 BSA Corporation Qualifications to CHANGE ORDER 1 July 22, 2004 6. Stucco over foam shall be provided at a) the raised sill band under the 2nd floor windows at the north elevation, b) the raised band below the simulated siding on the tower, and c) below the south entrance canopy signage. 7. Drywall applied to the undereide of the parallel chord trusses indicated on 1/AA422 is excluded. 8. Field painting of overhead coiling grille components is excluded. 9. not used 10. WC-2 Koroseal wall covering is excluded (per verbal direction from amhitect). 11. All interior floor tile is to be installed level using thin-set application. There is to be no slope to the floor drains. Construction manager shall not be required to provide a written release to perform this work. 12. Ceramic tile crack suppression is to be installed only at slab control joints and expansion joints. 13. Stone tops are to be %" thick typical with 1.5" edges, typical. 14. Service counter work area shown as WD1 on 8/A501 shall be ST1 as shown in 6/A501. 15. "Structural reinfomement" for coat rack shown in 18/A501 is to be one 2x6 wood member installed horizontally screwed from stud to stud. 16. Glue laminated and timber beams, decking, and trusses are to be stained only. 17. Structural provisions to hang full height drywall partitions at column line I from ceiling are excluded. Details shall be provided to the Construction Manager and costs associated therewith are to be added by Change Order. 18. Control joints in drywall detailed on 10/A411 are included only where specifically designated on drawings. 19. As shown on drawings, there shall be no paint finishes in rooms 109, 113, 114, 126, 127, 143, stair 1, stair 3, 217, 219, 227, 228, 229. 20. Painting or sealing of the split face masonry is excluded. 21. Carpet borders are to be installed only where graphically shown on finish plans (rooms 206 and 207). 22. Carpet Cl is to be Lees Faculty IV, subject to approval. 23. not used Division 10 1. Corner guards for the project consist of 8 each, CS Group Acrovyn Model CO-8 90° stainless steel corner guard with 3 1/2" (88.9mm) legs, 48" high, mounted with construction adhesive at columns H3 & H4, 1 st floor. 2. Toilet partitions are to be floor mounted, overhead braced, solid polymer as manufactured by Santana Products, Inc. or equal. 3. Modular metal shelving (as shown on 6/A501, 7/A502, and similar) is excluded. 4. Coat rack indicated on 18/A501 is excluded. 5. Window treatments are to be furnished and installed by others. 6. Operable partition is to be equal to Moderco Partitions, Signature 8600 model. 7. There shall be a total of 8 baby changing stations and 14 electric hand dryers. Other toilet accessories shall be provided in accordance with floor plans on sheet A401 (and not in accordance with elevations on sheet A401), 8. Pay phone related work is excluded. 9. Projection screens are to be equal to Da Lite Boardroom Electrol projection screens. 10. The stainless steel art display cables (58 assumed) are excluded. 11. Where louvers are shown above doore and windows, awnings will be installed instead of the louvers. 12. All non-code related intedor and exterior signage is excluded. 13. Appliances are excluded. 14. Lockers are excluded. Owner Acceptance:Date: ~'~>~' ~ Construction Manager:Date: Page 10 of 14 BSA Corporation Qualifications to CHANGE ORDER 1 July 22, 2004 15. Baby changing stations are to be plastic. Division 14 1. Elevator is to be equal to Thyssen Elevator, 2500 lbs capacity, 100 fpm speed, TAC-20 simplix operation, DAP-1 plastic laminate covered applied panels inside cab, perimeter fluorescent ceiling, one stainless steel fl-4 handrail on rear wall, ~4 stainless steel car door (single speed, single slide operation), 3'6" x 7'0" entrance size. All equipment shall be manufacturer's standard. Division 15 1. Lav guards shall not be installed where occurring inside cabinetry, except at staff lounge 125. 2. Pigging of water lines is excluded. 3. Electronic markers and receiving devices for utilities ara excluded. 4. Fire dampers are to be provided only where shown on the mechanical drawings. 5. Sewer and water tap fees ara excluded. Water meter fees are excluded. 6. Underground roof related rain water piping is to be performed in accordance with the plumbing drawings, not the civil drawings. 7. Plumbing fixtures are to be white. 8. Condensate from air handling units shall run to floor drains located in mechanical rooms. Division 16 1. All cost associated with relocating/removing public utilities (electric, phone, cable, gas, etc.) ara excluded. 2. Computer/phone equipment such as fax machine, computer screens shown on A501 is excluded. 3. RFID antennae pad under stone top for book scanning as shown on 3/A501 is assumed to be by Owner. 4. Telecommunication stub system shall consist of conduit, boxes, and pull strings. Equipment, cabling, and devices shall be provided by others. 5. Work required by specification 16701 is excluded. 6. Light fixtures shall be a substitute package, subject to approval. 7. Sealed survey of FPL primary underground installation is excluded. 8. "Build out" top of columns for type N light fixture remote ballasts is excluded. (Design details are needed.) Division 17 1. Impact fees shall be excluded. 2. Permit fees are excluded. 3. Cost of Builder's Risk insurance, and deductibles associated therewith, are excluded. Owner Acceptance: ~ Construction Manager: Date: ~ I ~)-~\ , ~-~ Date: Page 11 of 14 BSA Corporation Qualifications to CHANGE ORDER 1 July 22, 2004 ATFACHMENT 1 TO CHANGE ORDER DELRAY BEACH PUBLIC LIBRARY DRAWING UST PLAN NUMBER DESCRIPTION PLAN DATE REVISION DATE GN-001 C-1 C-2 L-1 L2 I-1 i-2 Go201 G-202 LS-000 LS-101 A-101 A-102 A-201 A-202 A-203 A-301 A-302 A.-401 A-402 A-410 A-411 A-420 A-421 A-422 A-431 A-432 Ao501 A-502 A-510 A-511 A-601 A-602 A-603 A-701 A-702 A-703 A-801 A-802 A-901 Index, Abbreviations, & Symbols Civil Site Plan Civil Details Landscape Plan Landscape Details Irrigation Plan ' Irrigation Details Florida Accessibility Standards Florida Accessibility Standards Project and Line Safety information Life Safety Floor Plans Site Plan & General Site Information Enlarged Site & Reference Plans Ground Floor Plan Second Ftoor Plan Roof Plan and Tower Plan Building Elevations Building Sections Enlarged Floor Plans & Interior Elevations Exterior Plans, Sections & Details Partition Schedule and Details Partition Details Wall Sections Wall Sections Wall Sections Roof Details Details Interior Elevations Interior Elevations Intador Finish Details Intedor Finish Details Ground Floor Reflected Ceiling Plan Second Floor Reflected Ceiling Plan Ceiling Details Enlarged Stair & Floor Plans Stair Sections Stair Details Windows & Louvers Schedules-Details Door Schedule & Details Ground Floor Finish Plan Owner Acceptance: ~'~/ Date: Page ~12 of 14 23-Jan-o4 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 14-Oct-03 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jam04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE / 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 NONE 23-Jan-04 Construction Manager:. Date: - BSA Corporation Qualifications to CHANGE ORDER 1 July 22, 2004 A-902 `%1 `%2 ,%3 `%4 S-5 ,%6 ,%7 S-8 M-001 M-002 M-101 M-102 M-301 M-40i M-501 M-502 E-001 E-002 E-100 EL-100 EL-102 EP-101 EP-102 ES-101 ES- 102 ES-103 E-600 E-601 E-700 E-701 E-800 E-801 E-802 P-101 P-200 P-201 P-202 P-203 P-204 P-205 P-301 P-302 P-401 FP-101 FP-200 FP-201 Second Floor Finish Plan Foundation Plan Second Floor Framing Plan Roof Framing Plan Notes, Schedules & Details Sections and Details Sections and Details Sections and Details Sections and Details Mechanical General Notes,Symbols Legend, Drawing Index Mechanical Schedules Mechanical Fimt Floor Plan Mechanical Second Floor Plan Mechanical Enlarged Plans Mechanical Controls Schematic Mechanical Details Mechanical Details Electrical Symbols, Notes and Index Electrical Fixture Schedule Electrical Site Plan Ground Floor Lighting Plan Second Floor Lighting Plan Ground Floor Power Plan Second Floor Power Plan Ground Floor Systems Plan Second Floor Systems Plan Roof P~an Lighting Protection Electrical One Line Diagram Electrical Fire Alarm Riser Diagram Electrical Panel Schedules Electrical Panel Schedules Electrical Details Electrical Details Electrical Details Plumbing Legend,General Notes,Sheet index Plumbing Site Plan Ground Floor Plumbing Plan Second & Third Floor Plumbing Plan Roof Level Plumbing Plan .~ Ground Floor Partial Enlarged Plumbing Plan Second Ftoor PaPal Enlarged Plumbing Plan Plumbing Sanitary Isomeb-ic Plumbing Water Isometric Plumbing Detail Fire Protection Legend, General Notes & Sheet Index Fire Protection Site Plan Ground Floor Fire Protection Plan 23-Jan-04 NONE 6-Feb-04 NONE 6-Feb-04 NONE 6-Feb-04 NONE 6-Feb-04 NONE 6-Feb-04 NONE 6-Feb-04 NONE 6-Feb-04 NONE 6-Feb-04 NONE 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jao-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jao-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 23-Jan-04 6-Feb-04 ~ ~ rT Owner Acceptance:Date: ~-~ , Page 13 of 14 . Construction Manager. Date: FP-202 FP-301 BSA Corporation Qualifications to CHANGE ORDER 1 July 22, 2004 Second Floor Fire Protection Plan Fire Protection Details 23-Jan-04 23-Jan~04 6-Feb-04 6-Feb-04 Owner Acceptance: Date: Construction Manager: Page 14 of 14 Date: Addendum to Standard Form of Agreement between Owner and Construction Manager (AIA Document A121/CMc-1991 Edition) 12/01/03 The following provisions amend and supplement the provisions of the Standard Form of Agreement (AIA Document A121/CMc-1991 Edition) between Delray Beach Public Library Association, Inc. (the 'Owner') and BSA Corporation (the 'Construction Manager'), dated December 1,2003. In the event of a conflict or inconsistency between the Standard Form of Agreement and this Addendum; the provisions of this Addendum shall prevail. References to Owner in this document shall mean Delray Beach Public Library Association, Inc. its representatives and agents, including the owner's representative. A. Insert the following at the end of Subparagraph 2.1.8: Pdor to commencement of the Construction Phase as provided for in Subparagraph 2.3.1.1., the Owner shall obtain wdtten correspondence from the Architect, addressed to the Owner, confirming that the drawings and specifications as submitted to obtain the building permit(s) are in accordance with applicable laws, Statutes, ordinances, building codes, rules and regulations. The Construction Manager shall assist the Owner in review of the Architect's letter. 1) Delete the last sentence of Subparagraph 2.2.3; "and other costs which are propedy reimbursable as cost of the work but not the basis for a change order." Insert the following at the end of Subparagraph 2.3.1.1 And 3) the Owner has issued a written Notice to Proceed and the Construction Manager has informed the Owner in writing that all applicable building permits have been issued. 1) Insert the following as new Subparagraph 2.3.2.8: In addition to and not in lieu of Subparagraph 6.4.1, the administrative and accounting records prepared by the Construction Manager (including all computer records and formats) in connection with this Project and with this Agreement shall be available for inspection and photocopying by oWner or' Owner's Representatives at all reasonable times with prior wdtten notice during the term of this Agreement and for a pedod of three (3) years following issuance of the final Certificate of Occupancy for the Work. 2) Insert the following as new Subparagraph 2.3.2.9: For the duration of the job, contractor shall furnish an appropriate on-site office for the Owner's Representative at least eighty (80) square feet in size, air conditioned, and served by power and phone. In Paragraph 2.5, in the frith line after the words "Construction Manager,' add: "or its Subcontractors or suppliers." In Subparagraph 6.1.1, at the end of the first sentence following the word "Work" add: plus equipment and materials directly purchased by the Owner for incorporation into the Work provided for in Schedule 6.1.6.2. Add at the end of Sub-Subparagraph 6.1.5.5: Travel, subsiStence and related expense in connection with travel outside of Palm Beach, Broward and Date Counties shall require the prior wdtten approval of the Owner. Insert the following at the end of Sub-Subparagraph 6.1.6.1: Reimbursement for Construction Manager's liability insurance shall be .009 times the cost of the job. Insert the following at the end of Sub-Subparagraph 6:1.6.2: The Owner and the Construction Manager agree that the Construction Manager shall comply with the provisions of Schedule 6.1.6.2 (to be prapared subsequently) in connection with any portion of the materials or equipment which the Owner elects to purchase directly, thereby resulting in the elimination of sales tax in connection with such purchase. In the event of inconsistency between Schedule 6.1.6.2 and any other provision of this Contract, Schedule 6.1.6.2 shall prevail. Delete Sub-Subparagraph 6.1.8.2 and insert in lieu thereof the following: In repairing Work executed by the Construction Manager or the Construction Manager's Subcontractor or supplier and which has been damaged other than by the negligence or failure to fulfill a specific responsibility to Owner set forth in this Agreement of the Construction Manager or the Construction Manager's foremen, engineers or superintendents, or other supervisory, administrative or managerial personnel to supervise adequately the Work of the Subcontractors or suppliers, and only to the extent that the cost of repair is not recoverable by the Construction Manager from insurance, Subcontractors or suppliers. The Construction Manager shall be responsible, at its expense, for the cost of correcting any nonconforming Work, and such costs shall not be included in the Cost of Work. Non-conforming work shall not be construed to mean work damaged during construction, minor reworking, including but not limited to minor chipping or grinding, and "punch lisf' type of work. Add the following after the word "payments" at the third line of Sub-Subparagraph 6.3.1: "or (3) payments made directly by owner." 1) Delete Subparagraph 7.1.4 and substitute the following: "With each application for payment, the Construction Manager shall submit an accounting report to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work, equal or exceed (1) progress payments already received the Construction Manager;, less (2) that portion of those payments attributable to the Construction Manager's Fee; plus (3) General Conditions costs for the pedod covered by the present Application for Payment. In addition to the above requirements, the Construction Manager shall provide Partial Lien Releases for payments made to Vendors for the pdor month's Application for Payment." 2) Add the following as a new Subparagraph 7.1.11: In the processing of Applications for Payment, direct payment by the Owner for equipment and materials pursuant to Schedule 6.1.6.2 shall be appropriately factored into the procedure for timing the portion of the Construction Manager's fee to be allocated to matedal pumhased by the Owner. Insert the following sentence at the end of Paragraph 7,1.7.3: When the project is 50% complete, Owner may reduce ratainage held on Construction Manager's fee from 10% to 5%, at the discretion of Owner. Insert the following sentences at the end of Paragraph 7.1.8: When the project is 50% complete, Owner may reduce retainage held on Subcontractors from 10% to 5% at the discretion of the owner. For retainage held on Subcontractor work, retainage shall be released by Owner within 60 days after the Subcontractor's work is 100% complete, including applicable punch list items, provided such work is acceptable to the Owner, Construction Manager, and Architect. Delete Subparagraph 7.2.1 and substitute the following: Final payment shall be made by the owner to the Construction Manager within 30 days after 1 ) the contract has been fully performed by the Construction Manager except for the Construction Manager's responsibility to correct defective or non - conforming work as provided in this Contract and to satisfy other requirements, if any, which necessarily survive final payment: 2) a final Application for Payment and a final accounting for the Cost of the Work have been submitted by the Construction Manager and reviewed by the Owner's Accountants ( such review pedod not to exceed 10 business days): 3) a final Certificate of Payment has been issued by the Architect and approved by Owner (in event of disapproval by Owner, Owner shall provide wdtten Notice of Disapproval to Construction Manager within 3 business days of the date of Architect's final Certificate of Approval citing specific reason(s) for disapproval. In the event n~) Notice of Disapproval is received by Construction Manager within this time period Owner shall be deemed to have approved the final Certificate of Payment; 4) an original, executed, final Affidavit of Construction Manager in compliance with Chapter 713, Florida Statutes, in recordable form has been delivered to the Owner;, and 5) Substantial Completion has been attained. Odginal executed Final Releases of Lien in compliance with Chapter 713, Flodda Statutes, from the Construction Manager and all Subcontractors and/or parties who possess Lien rights under Chapter 713, Florida Statutes shall be given to owner at the time final payment is given to Construction Manager. Add the following as a new Subparagraph 9.2.2: Pending final resolution of a claim, dispute or other matter in question, the Construction Manager shall proceed diligently with timely performance of the Contract, and the Owner shall continue to make those payments not in dispute in accordance with the Contract Documents. 1) Insert the following as new Subparagraph 9.3.6: 9.3.6 No Partnership, etc. Notwithstanding the foregoing, in no event shall the Owner and the Construction Manager be deemed partners or joint ventures and it is expressly understood and agreed that the relationship described herein shall be that of Owner and Construction Manager. 2) Insert the following as a new Subparagraph 9.3.7 9.3.7 No Substitution or Deviations Notwithstanding anything contained in the Contract or the exhibits to the contrary, there shall be no substitutions or deviations from the approved contract plans and specifications and Exhibit C of Amendment 1 (to be subsequently agreed upon) without the prior written consent of the Owner. 3) Insert the following as new Subparagraph 9.3.8: 9.3.8. No Responsibility of Owner for Construction Means, Etc. In no event shall the Owner have control over, charge of, or any responsibility for construction mean, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the Work, notwithstanding any of the rights and authority granted the Owner in the Contract Documents, including the right to make direct purchases of equipment and materials pursuant to Schedule 6.1.6.2. 4) Add the following as a new Subparagraph 9.3.9: 4 Mo Amendment No. I to this Agreement Between oWner and Cons~ction Manager will incorporate into this Agreement and the Contract as a Contract Document various General Conditions, based upon AIA Document 201 (1997 Edition) with such additions and changes as the parties may agree upon subsequent to the execution of this Agreement. Insert Paragraph 11.3 OWners Representative may attend and shall receive notice of any meetings between Construction Manager and approved subcontractors at which pdces are discussed or negotiated. AIA Document A-201-1997 General Conditions of the Contract for Construction The following provisions amend and supplement the provisions of AIA Document A-201-1997 Paragraph 9.8.1: Delete existing Paragraph 9.8.1 and insert the following: Substantial Completion shall be defined as the earlier of: a) b) The date the City of Delray Beach passes its final building inspection which allows for the occupancy of the building by the Owner, or The date a Certificate of Occupancy or temporary Certificate of Occupancy is issued by the City of Delray Beach. Paragraph 9.8.5: Add the following to Paragraph 9.8.5: Retainage for subcontract items shall be reduced on a line item basis to an amount that is equal to 3 times the value of the uncompleted amount of each portion of the work. In the event a subcontractor completes all work prior to substantial completion of the project, on a line item basis, all retainage shali be released by Owner within 60 days after individual Subcontractor's work is 100% complete, including applicable punch list items. Delete section 4.5 Mediation Delete section 4.6 Arbitration OWNER: Delray Beach Public Library Association, Inc. CONSTRUCTION MANAGER BSA ~ ~_~.~,,~..~,,J THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. By: for: whose business address is: This sworn statement is submitted to: Delray Beach Public Library William C. Branning, President BSA Corporation,,,-l~l~ 9 N. E. 2nd Street Delray Beach, Florida 33~dd and its Federal Employer Identification Number (FEIN) is: 65-0272751 I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related transaction of business with any public entity or with an agency or political subdivision of state or of the United States, including, but not limited to, any proposal or contract for services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or matedal misrepresentations. 3. I understand that ',convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record retating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity cdme; or An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity cdme. The term "affiliate" those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement shall be a pdma facie case that one person controls another person. A' person who knowingly enters into a joint venture with a person who has been convicted of a public crime in Flodda during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which submits proposals or applies to submit a proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" · °'. inciudes tho~e officers, directors, executives, partners, shareholders, employees, members, and " agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies,) x Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor an affiliate of the entity has been charged with and convicted of a public entity cdme subsequent to September 1, 1990. __ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity cdme subsequent to September 1, 1990. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to September 1, 1990: However, there has been a subsequent proceeding before a Headng Officer of the State of Ftodda, Division of Administrative Headngs and the Final Order entered by the Headng Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE DIRECTOR OF THE PURCHASING DEPARTMENT FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY -[SNO OF ANY CHANGE IN THE INFORMATION CONTAINED I~ THIS FORM. Sworn to and subscribed before me this Personally known to me, William C. Branning, President of BSA Corporation, Inc. Willia C. Branning, President day of ~L.~o~/'~'i~,~'L.. , 2003 Notary Public- State of Flodda ) County of Palm Beach MY oommission expires: (S{a~hPed~mmissioned name of notary public) INSTRUCTIONS AIA DOCUMENT A201-1997 e--ne' al C-Ohd-i-t ons of the Contract fo'r Construction GENERAL INFORMATIOH PURPOSE. AIA Document A~oi-I997, a general conditions form, is intended to be used as one of the contract documents forming the construction contract. In addition, it is fi'equendy adopted by reference into a variety of other agreements, including the ©wner-.~a~hitect agreements and the Contractor-Subcontractor egreemen~s, to establish a common basis for the primary and secondary relationships on the typical construction project. RELATED DOCUMENTS. A~.o1-1997 is incorporated b~ reference into two MA Owner-Contractor agreements (A~ot-t997 and Am-~997), the A4oi-t~97 Contractor-Subcontractor agreement and several AIA Owner-Architect agree- meats (for example, B14~-~997 and Bxsl-t997). It is aIso incorporated by reference into two design-build agreement~ (A491-Part 2 and Bgo1-part 2) and two O~v-nsr-Constructiori Manager/constructor agreements (~/CMc-Part 2 and Aa3]/C,Mc-Part 21. AeoH997 may be adopted by indirect ref~ence when the prime Agreement between the Owner and Architect adopts A2o1-1997 and is in turn adopted into Architect-Consultant agreements such as AIA Documents C14]-~997 and C14=-1997. Such incorporation by reference is a valid legal drafting method, and documents so incorporated are generally interpreted as part of the respective contract. The Contract Documents. including ~-o~-~7, record the Contract for Constraction between the Owner and the Contractor. The other Contract Documents are: -;,~L~ ~ Owner-Contractor Agreement Form te.g.,Ax,mq~7 or Supplementary Conditions Dra~ings Specifications Modifications - ~ ?~?~ Although the AL~. does not produce standard documen~ f~r Supplementary' Conditions, Drawings or Specifications, a ~ariety of model and guide documents are available, including AIA's MASTERSPEC and AI.A Document Asll, Gu/de for ~?plemenmry Conditions ..... .~ ~ The~Aeox-x~7 document is ~onsidered the keystone many in the construction process. As mentioned above to allocate the proper legal responsibilities of the parties. -~- -'~:~. ~,~ ',.' General Conditions I / Owner-Contractor Contract -~'~ Owner-Arckltect Contract for ~ ....~ ' -.~.-~!~1~~ ~?"" ^,^, :,~ ~ ~ ,j ~ ;:~ = %,, INSTRUCTIONS ]~i~!~[ :\ . .:.~L' The American institute' · ~;-:'.?':~1 co.mcto,-s.bco.~cto~ Co.u,ct -,..~ Architect-Comultax~t Contract for L~..: ~: [ for a PorOon of the Work -~ ~ Portion of the Set-dces ~Cop~t e ~997 by the ^merlca~tltut~ of ^rcbitects. Roproduction of t~e material hereto or substantial quota- ~t~ ~.. ~:'~fion of its provlssons w~tl~u! permission of the AIA violates the copyright laws of the United States and wall sub eot ~[~. W_ A~_~NING: Unlicensed ph~ocopyln~ violates O~- c°pyright laws and will subject the vl°ial°r ~ ~al Pms~t~n .......... '~l On construction project& hundreds of contractual relationships are created between owners, architects, architects' consultants, contractors, subcontractors, vab-sulx:ontractors, and others down through the multiple tiers of participants. If custom-~-afted agreements were written in isolation for each of those contractual relationships, the problems of overlaps and gaps in the numerous participants' responsibilities could lead to mass confi~ion and chaos. To prevent and solve this problem, the construction industry commonly uses standardized general conditions, such as AIA Document A2o~-t997, for coordinating those many relationships on the project by it~ adoption into each comract. AIA expends a gn~at deal of time and resources in the development of ~,o~ and its other documents to provide four types of linkages in the tiers of legal relationships. In addition to adoption of A~m into each agreement, related MA documents are oared with common phrasing, uniform definitions and a consistent, logical allocation responsibilities down through the tiers of relationships. Together these documents are known as the A2o~ Family of i~i?~" Documents, and are listed below: A~ox-t997, Standard Form of Agreement Between Owner and Contractor (Stipulated Sum) Am4997, Standard Form of Agreemant Between Owner and Contractor (Cost Pins Fee, ~vith GMP) A4o~-~997, Standard Form of Agreement Between Contractor and Subcontractor A5~x, Guide for Supplementary Conditions A7o~4997, Instractions to Bidders B14~,-t997, Standard Form of Agreement Between Owner and Architect B~sx-~997, Abbreviated Standard Form of Agreement Between Owner and Architect B5n, Guide for Amendments to MA Owner-Architect Agreements C~4~4997, Standard Form of Agreement Between Architect and Consultant C~4~97, Abbreviated Standard Form of Agreement Between Architect and Consultant The AIA publishes other General Conditions that parallel Aeoaq997 for the construction management-a&.Sser family of documents (AL& Document A2offCMa) and the interiors family of documents (AIA Document Ar.~). DISPUTE RESOLUTION--MEDIATION AND ARBITRATION. This document contains previsions for mediation and arbitration of claims and disputes. Mediation is a non-binding process, but is mandatory under the terms of this document. Arbitration is mandatory under the terms of this document and binding in most states and under the Federal Arbitration Act. In a minority of states, arbitration provisions relating to future disputes are not enforceable but the parties may agree to arbitrate after the dispute arises. Even in those states, under certain circumstances (for example, in a transaction involving interstate commerce), arbitration provisions may be enforceable under the Federal Arbitration Act. The MA does not administer dispute resolution processes. To submit disputes to mediation or arbitration or to obtain copies of the applicable mediation or arbitration rules, write to the American Arbitration ,Msociation or call (Soo)/-78-7879. The American Arbitration Association also may be contacted at http:/Awvw, adr, org. WHY USE AIA CONTRACT DOCUMENTS? AIA contract documents are the product of a consensus-building process aimed at balancing the interests of all parties on the construction project. The documents reflact actual industr~ practices, not theory. They are state-of-the-art legal documents, regularly revised to keep up with changes in law and the industry--yet they are written, as far as possible, in everyday language. Finally, MA contract documents are flexible: they are intended to be modified to fit individual projects, but in such a way that modifications are e~sily distinguished fxom the original, printed language. For further information on AlAs approach to drafting contract documenu, see Drafting Principles. ~] ~AIA DOCUMENT A2OI,.Igg7 IN$1RUCTIONS · ' The American Institute . , ' of Architects ~. 1735 New York Avenue. N.W. USE OF NON-AIA FORMS. If a combination of AtA documents and non-MA documents is to be used, partic-ala~ care must be taken to achieve consistency of language and mtent among documents - .~' -, -~ STANDARD FORMS. Most AIA documents published sInce ~9o6 have contained in'their lifles the wo:ds 'Standsrd · AiA members or others in the construction industry. Rather, the AIA standard documents are intended to be used as fair and balanced baselines fxom which the parties can negotaate their bargams. As such, the documents~ave won general acceptance within the construction industry and have been uniformly interpreted by the courts. ~thin industry spanning 5o states--each flee to adopt different, and perhaps contradictory, la~ a~f~.~ that indu~-~ AIA documents form the basis for a generally consistent body of construction law. -" ' - USE OF CURRENT DOCUMENTS. Prior to nsing anyAIA document, the user should consuh anAIAcomponem REPRO DUCTIO NS..,~2Ol - 1~:7 is a copyrighted work and ms), not be reproduced or excarptcd from in substantial part without the express written permission of the AIA. This document is intended to be used as a consumable--that is, the original document purchased by. the user is intended to be consumed in the course of being used. There is no implied permission to reproduce this document, nor does membership in The American Institute of Archltects con- t'er any ~.rther rights to reproduce .~2oI-1997 in whole or in part. This document may not be reproduced for Project Manuals. Rather, if a user wishes to include it as an example in a Project Manual, the normal practice is to purch~e a quantity of the original forms and bind one in each of the Project M,'muals. Modi~catinns may be accomplished through the use of separate Supplementary Conditions, such as those derived [rom AIA Document As~i. ' Unlike man), other ~ documents, .~zo1-19~7 do~s not carry with it a limited license to reproduce. The AiA will not application by a specific user to and al'ret receipt of written permission from the AiA. The AIA logo is printed in red on the original version of this document. This logo distinguishes an original AIA document from copies a~d counterfeits· To ensure accuracy' and uniformity of language, pcrrchasers should use only a~ original AL& document or one that has been reproduced fi.om an original under a special limited license fi.om the contain a red logo. Documents reproduced in this program may be accompanied by ALA. Document Dqor, Certification of Document's Authenticity. In addition, all documents in the program contain the license number under which the document was reprociuced and the date of expiration of the license. CHANGES FROM THE PREVIOUS EDITION. · AIA Document .42o1-19~7 revises th~ 1987/edition of Aim to'reflect changes in construction industry, practices and the law. Comments and assistance in this revision were received' fi.om numerous individuals and organizations, including those representing owners, architects, engineers, specifiers, g~neral contractors, subcontractors, independent imurance agents, sui'eties, attorneys and arbitrators. f A number of substantial changes have been made to the'Aaoi-~997 document. The principal changes are described ARTICL£ t: Protection of tights in Drawings, Specifications and other documents is now specifically extended to those of the Architect's consultants, and includes documenu in e[ectroinc form. AR?[¢L£ ]: The Owner is requi~d to designate a representative empowe~d to ac~ for the Owner on the Project- The Contractor is entitled to rely on the accuracy and completeness of iintormation fomished by the Ovv-ner. ARTICLE 5: Procedures are given for Contractor's review o£ field conditions and for review ~finstructions in the Contract Documents regarding construction means and methods. The fights and responsibilities of the parties with respecl to incidental design by the Contractor are set out in detail, ARTICLE 4: Mediation is included as a precursor to affoi~tration. The Owner and Contractor waive consequential damages (i,e., indirect damages) arising out of the ARTICLE 7: ~krnounts not in dispute under a Construc~'on Change Directive must be included in Applications for Payment. Interim determinations as to amounts still in d~spute will be made by the,~.hitect. ARTICLE 9: In the absence of a payment bond in the foil amount of the contract sum, paymenLs r~calv~d by the Contractor for th.e Work of subcontractors are held by_the Contractor for the subcontractors. Release of retalnage on completed Work ts requi~d at substantial completion. ) - .ARTICLE I0: Hazardous mat.effals provisions have be~m'expand~d~ t,.~0~.c~..v.~r materi~ other than asbestos and PCB, mdemmfication of the Contractor under these provisions has heai~i~ien~d to cover remediation costs, ARTICLE 11: Project Management Protective l~abilltv insuran~"~nfftirks of the c',~.~ ~'~.,~.~. a s opt,o, for the to the Contract. ARTICLE 12: II~, dunng the correct,on per~od, the Owner dl.sc0ve~Work that is not in accordance with the Contract Documents, the Owuer must noti~r the Contractor, Failure to~d~sso results in a waiver of the Owner's tights under the correction o£ Work and warra, my provisions. ~ ' ' ARTICLE t3: The Owneris.per~.,!tt~ to ~.ssign the Co.n.,~tract_~..~n~.,.._der without coment ofthe Contractor. ARTICLE 14: The Owner Is pemntte~d to term,narc ,the~.~tg.r.~:onvenlence, with appropriate payment to the .; * '*. '~'U-~' ~.: -'~ ' ~d~P' * usING, 'THE A201-1997 FORM ~ - ~ ODIF[CATION$. Users are encouraged to consult ~i"~'~ before completing an AIA document Particularly' with' ves~ec~ to..contract?r~s licensldg laws, duff. i~.'~. '*~ building codes, imerest cha~es, ar~'ittation ~ *: indemnifi,cation,.' 1~dociiment. . ....... may require m odi fic~o'~ -'~ri"th the assistance of egal counsel t~ fi~lIv como v oath' ' ~1~ DO~IJ~'ENT~ 'A201___.____1997 - state or local Laws regnlat~ng these matters '~. N.?R ~1'~GenerallY, fi~ece~JT~moc~l~ficatioi~ io ~e Gene~~ Conditions may be accomt~lished by Supplementary Conditions ' The Amer can nst tote includ..ed m the Prolect .M.~nual and ret*eren.c~?l- m the Owner-Contractor Agreement. See AJ_4. Document ASh, Guide of ^rch~cts ~-for Supplementary Conditions. for model provisions and suggested format for the Supplententary' Conditions. 1T35 New York Avenue, N.W. ~;~--:'~'-?~":"~-~'?~'~"~,:.~.:,,I~ ~"z~l ' '* ' Washinston, D.C. 20006-5292 ~.~W.M~NING: Unlk:~nsed phofo~opyln~ vlola~s U.~- copyrisht laws a~l will subj.1 the violator 1o ~ '-~<~?~ ~'~:~q ~use ~ox-x~ i~ ~ad for gen~ ~. it does not ~ ~11 the ~ormafion and 1~ ~men~ n~ ~r a ~fic ~ and l~fion. N~ ad~o~ ~men~ m~ ~ p~ded ~ the o~er Contra~ Doc-ume~a~ m~ as the Supplem~ ~n~fions. Co~t ~A ~acument AS~x, ~i£orm Location o£ Subi~ Matt~ ~ d~m~e the pro~ l~on ~or su~ ~o~ ~p~afions. It is definitel-t not recommended practice to ~q. ype the standard document. Besides ~eing a violation of copyright, m~ng can ~uce ~p~ ~ ~ cloud the 1~ ~n~on gNen ~ a ~and~ dause when blended with modifications, thereby ellminming one of the principal advantages of standard form documents. By mel~ly reviewing the modificatiolas to be made to a standard form document, parties familiar with that document can quickly undez~tand the essence of the proposed relationship. Commercial exchanges are greatly, simplified and expedited, good-faith dealing is encouraged, and otherwise latent clauses are ex~used for scrutiny. In this way, contracting parties can more confidently and fairly measure their risks. AIA DOCUMENT A~O1,.Ig97 ~..:':= - INSTRUCTIONS The American Institute .... ~ :- of Architects 1715 New York Avenue, N.W. 1997 EDITION AIA DOCUMENT General Conditions of the Contract for Construction A201-1997 TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. 5, 6. 7. ADMINISTRATION OF THE CONTRACT SUBCONTRACTORS ~? CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS CHANGES IN THE WORK This document has impor- tant legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document has been approved and endorsed by The Associated General Contractors of America, 8. TIME 9. PAYMENTS AND COMPLETION 'lO. PROTECTION OF PERSONS AND PROPERTY 2~. - ' '~/ INSURANCE AND BONDS UNCOVERING AND C~.RRECTION OF WORK~ MISCELLANEOUS PROVISIONS ~ :L ~ - 14. TERMINATION OR SUSPENSION OF ~E CO~ ~L~ ,:~ ;;-:4,? ~UTION: YOU~_ shouM use an or~n~ ~ d~ument w~th the ~ I~o printed m ~.An original ~sures that :z~c ~Chan~es will not be obscured as may ~cur ~hen d~um~ts a~ reproduced. ~'~.~heent h Eclitfo~. Reproduction of ~ ~.n.l herein or substanha[ ~,atl~ of its .~ls,~ ~,~ w.t~n .~lss,~ of -~ A~ v~ a~s ~ ~ ~t ~ of ~ Un ~ S at~ and ~ subj~t t~ violator m ~1 pm~n~. ~~ING: Unl~ r~ln8 v~f.., U3. c~sht ~., and ~11 subi~ ~h. vlok~ ~ ~.1 p~bn ..... AIA DOCUMENT A201-1~7 GENERAL ~'ONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. WashinBton, D.C. 20006-5292 ALA DOCUMENT A201-1997 Washington, D.C. 20006-5292 ! N D iX Architect's Authority to Reiect Work Acceptance o£ Nonconforming Work 3.5.1, 4.2.6, m.1.2, · 9.6.6, 9.9.3, ~2.~ Architect's Copyright ^.cceptance of Work L6 9.6.6, 9.8.2, 9.9.3, 92o.1, 9.xo.3, o-3 Architect's Derisions Access to Work 4.2.6, 4.2-7, 4.2.n, ~.2.m, 4-2.13, 4-3.4, 4-4.1, 4-4.5, 3.1G, 6.2.1, o_1 4-4.6, 4-5, 6.3, 7.3.6, 7.3.8, 8.1.3. 8.3.1, 9.2,' 9.4, 9.5-1, Accident Prevention 9.8.4, 9.9.1,13.5.2, t4..~., 4-.ct.3, lo Architect's Inspections Acts and Omissions 4-2.2, 4.2.9, 4-3.4, 9.4-2, 9.8.3, 9.9.2, 9.1o.1,13.5 3.2, 3.3.2, 3.o_8, 3.t8, 4.2.3. 4.3.8, 4-4-1, 8.3.1, 9.5.1, Architect's Instructions lO.2-5,13.4.2,13.7, ~ld 3.2.3, 3.3.1, 4.2.6, 4.2.7, 4.2.8, 7.4.1, 12.1,13.5.2 Addenda Architect's Interpretations Ll.1; 3.11 4-2.n, 4.2.m, 4.3.6 Additional Costz, Claims for Architect's Proiect Representative 4.3-4. 4-3-5, 4.3.6, 6.1.1, lO.3 4-2.1o Additional Inspections and Testing Architect's Relationship with Contractor 9.8.3,12.2.1,13.5 L1.2, L6, 3.1.3. 3.2.1, 3.2.2, 3-2.3, 3.3.1, 3.4.2. 3.5.1, 3-7-3, 3.10, 3.11, 3.12, 3.~6, 3.I8, 4-L2, 4d..~ 4-2, 4.3.4, Additional Time, Claims for 4.4-~, 4-4.7, 5.2 6.2.2 7, 8.3.1 9.2, 9.3, 4.3-4. 4.3.7~ 8.3.2 9.8, 9.9, lo.2.6, 1o.3.11.3,11.4.7,12,13~.2.13.5 ADMINISTRATION OF THE CONTRACT Architect's Relationship with Subcontractors 3.1.3, 4, 9.4, 9.5 1.L2, 4.~.3. 4-2.4, 4.2.6, 9;6.3, 9.6.4, Advertisement or Invitation to Bid Architect's Representations 1.1.1 9.4.2, 9.5.1, 9.1o.1 Aesthetic Effect Architect's Site Visits 4-2.13, 4-5.1 4.2.2, 4.2.5, 4.2.9, 4.3.4, 9.4,2, 9.5.1, 9.9.~ 9.1o.1, Allowances 15.5 3.~ Asbestos · All-risk Insurance lO.3.1 11.4-1.1 Attorneys' Fees Applications for Payment 3.18.1, 9.1o.2, lo.3.3 4,2.5, 7.3.8, 9.z, ~3, 9.4. 9.5.1, 9.6.3, 9.7.1, 9.8.5, Award of Separate Contracts 9.1o, 11.1.3, t4.2.4, ~4,3 6.1.1, 6.1.2 Approvals Award of Subcontracts and Other Contracts 2.4, 3.1.3, 3.5, 3.1o.2, 3.12, 4.-~7, 9.3.2,13.4.2,13.5 ['or Portions of the Work Arbitration $.2 4.3.3. 4-4, 4,5.1, 4-5-2, 4.G, 8.3-h 9.7.1,11.4.9,11.4.1o Basic Definitions 4.1 Bidding Requiremenls Architect, Definition of I.~.1,1.1.7, 5-~-~i~5.~ ~ 4.1.1 Boiler and Machi~ ~ce Architect, Extent of Authority 11.4.2 -~ ~. 2.4, 3.12.7, 4.2, 4.3.6, 4-4, 5.2, 6.3, 7.1.2, 7.3.6, 7-4, Bonds, Lien 9.2, 9.3.1, 9-4, 9-5, 9.8.3, 9.1o.1, 9.1o.3,12.1,12.2-1, I ~ ~ ~'~ z3,5.1, ~3,5.2, ~4-2.2, ~1.24 Bonds, Performance, and Payment Architect, Limitations of Authority and 7.3.6.4, 9.6.7, 92i0~3, n4.9,1½.~ Responsibility -- .~ 21.~, 3.3.3, 3.m.4, 3-o-8, 3.mlO, 4.1.2, 4-2.h 4~:, Building Permit ~ 4.2.3, 4,2.6, 4.2.7, 4.2.1o, 4,2.m, 4,2.13, 4-4, 5.2-~, 3.7.1 :~,.,,~, ' 7.4, 9.4-2, 9.6.4, 9.6.6 Capltahzauon ~-- : Architect's Axlditional Services and Expenses ]3 ~ ~. :,~, :?, 2.4, n.4,1.1, 12.2.~, 13.5.2, 13-5.3, 14-2.4 Certificate of Substantial Completio~ ~, ..~. Architect's Admlni~-ation of the Contract 9.8.3, 9.8.4, 9.8.5 3.1.3, 42, 43-4, 4,4, 9.4, 9.5 Certificates for Payment . Architect's Approvals 4,2.5, 4,2.9, 9.3.3, ~.4, 9.5, 9.6.1, 9.6.6, 9.72, 9.1o~ 24, 3.L3, 3,5.~, 3.1o.2, 4,2.7 9.1o.3,13.7, X4-1-L3, ~4.2.4 ' . Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.1o.2, ll.I.3 Change Orders 1.1.1, 2.4.1, 3.4-2, 3.8.2-3, 3.n.1, 3.12.8, 4.2.8, 4.3.4. 4.3.9, 5.2.3, 7.1, 72, 7.3, 8.3.1, 9.3.1.h 9.1o.3,11.4.1.2, IL4.4, 11.4.9, 12.1.2 Change Orders, Definition of 3.11, 4.2-8, ?, 8.3.1, 9.3.1.1, n.4.9 Claim, Definition of Claims and Disputes 3.2-3, 43, 4-4. 4.5, 4.6, 6.1.1, 6.3, 7.3.8, 9-3.3, 9.1o.4. lO,3.3 Claims and Timely Assertion of Claims 4.Lq Claims for Additional Cost 3.2-3, 4.3.4. 4.].5, 4.3.6, 6.1.1, 7.3.8, lO.3.2 Claims for Additional Time 3.2-3, 4.3.4, 4.3,7, 6.1.1, 8.3.2, lO.3.2 Claims for Concealed or Unknown Conditions Claims for Damages 3.2-3, 3.18, 4.3.1o, 6.1.1, 8.3.3, 9.5.1, 9.6.7, Io.3.3, Claims Subject to Arbitration 4-4.1; 4.5.1, 4.6-1 Cle~nln$ Up 1.IS, 6.3 Conditions of the Contract LI.I, L1.7, 6.1.1, 6.1.4 Consent, Written L6, 3.4)2, 3.1~8, 3.14.2, 4.1.2, 4-3.4, 4.6.4- 9.3.2, 9.8-5, 9.9.1, 9aO2, 9ao.3, CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTOI~ Construction Change Directive, Definition of Construction Chnnge Directives 1.1.1, 3.12-8, 4-2-8, 4-3.9, 7.1, 711, 9.3.1.1 Construction Schedules, Contractor's 1~.1`2, 3.1o, 3.1~1, 3.12_2, 4-3.7.2, 6.1.3 Contingent Assignment of Subcontracts Continuing Contract Performance Contract, Definition of 5.4.i.1, 11.4.9, M ,;;'~.Contmct Admrmstrabon 3.1.3. 4. 9-4. 9.5 Contract Award and ExecuUon, Condlttons Relating 3.7.I, 3.1o, 5.2, 6.1,11.1.3, 11.4.6, 11.5.1 Contract Documents, The ~3~,.?Contract Documents. Copras Furmshed and Use o£ ~ L6, 2.2.5, 3.3 Commencement of Statutory 1.imitation Period . <' Contract DocurnenB, Definition of L~.7 ' ,,'" ,~-~' Lid Commencement of the Work, . .:3~Contract Sum Conditions Relating to .~ 3.8, 4.3.4. 4-3-5, 4-4-5, 5.2.3, 7.2, 7-3, 7.4. 5.1, 9.4-2, 2-2-1, 3.2-~, 3.4.1, 3.7.1, 3.10.~, 3.~.'6, 4.3.5, 5-22, .~. 9.5.L4. 9.6.7, 9.7, 10.3.2, 11.4.1, ~4.2-4. 14.3.2 · ?~ CommencementoftheWork, Deflnitionof 9.1 '.: .A> Communications Facilitating'Contract. :.-/ (.~-7:'"~'"'"'~ 4-4-5 5.2.3,7.2.1.3 7.374.8~,82 Aamh,~tration ., :~ .... ~.s.1 9-7 lO.3.2 21.~ ~-3.2 .- , . .... < . ,om~c~TLme, DefmiUonof '~ '~;-. Completion, Conditions Relating to ? ~ ;- ' ~ I-6.L ~3,4.t, 3.iL 305, 4-2-2, ~.9, 8.2, 9-4-2, 9.8, ~ ~ ~:'";V' - 9oa, 9.1o, u.2,13.z,~a.2.ir"~ ~~ Completion, Subs!~'~!~,x~ _ .~ 3.1, 6.1.2 ~ '-t 4-2-~ 82.1, 8.1.3, 8.2.3 ~.4.2 9.8~ 9.9.1 9ao.3~y~-~o..ntractor s Construction Schedules -,.,:' 3-7 3.~2.1o, 3.13. 3.3.2 3.9 3.18.2 4.2-3,4.2.6 lo,2,1o.3, 4.4) 8.4.6.4. 3.4.3,3.8.1 ~-.~ : ,,, ,4-6,629.6-4.1o.2,~ 11.1) 11.4) I~lLI~4) I~.1) 1LI.1, 11.4.7 ~4.1, ' :~; ¢" ~ ' ' ' ~'~¥:' '~'V.~ -/' '~'~ contractors Liability Insurance ,,:,:,~ .::' or ..: ~ 11.1 '"':2:-,-4~8.4 8.3.1. lO.3 ' ~~i~~'a'5~.~'-~.'"~;~ '; '*"'~-'-~ ¥ AIA DOCUMENT A201-1g~7 GENERAL CONDITIONS · OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue. N.W. Washington. D.C. 20006-5292 01997 AIA~ AIA DOCUM£NT GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American institute of Architects 1735 New York Avenue, N.W. Washingto~ D.C. 20006-5292 Contractor's Relationship with Separate Contractors and Owner's Forces 3.~z.5, 3,M-2, 4.m4, 6,1L4-7, z2.1.2, L2.2.4 Contractor's Relationship with Subcontractors 1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.1o.2, 11~L2, 1L4.7, 1L4.8 Contractor's Relationship with the Architect LLa, 1.6, 3.1.3. 3~.1, 3.2.2, 3-2.3. 3.3.1, 3.4,2, 3.5-h 3-7-3, 3.10, 3.11, 3.~Z, 3.16, 3.18, 4.1.2, 42.3, 4.2, 4.3.4. 4.4.1, 4-~7, 5-2, 6.2.2, 7, 8.3.1, 9.2, 9.3. 9.4, -5, 9.7, 9.8, 9.9, 10.2.6, 10-3, 1L3, IL4,7, 12, 13.4.2, 13.5 Contractor's Representations 1.5-2' 3.5.1, 3.~2.6, 6.2.2, 8.2.1, 9.3,3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3-3.2, 3.18, 4.2.3, 4.3.8, 5.3.1, 6.1.3, 6.2, 6.3, 9.5.1, lO Contractor's Review of Contract Documents 1.5.2, 3-2, 3-7.3 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 4.3.1o, 14-! Contractor's Submiltals 3.1o, 3.11, 3.t2, 4.2.7, 5-2-1, 5.2.3, 7.3.6, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.1o,2, 9.1o.3, 11.1.3, 11.5.2 Contractor's Superintendent · 3-9, lO.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3-4, 3,~2.1o, 4.2.2, 4.2.7, 4.3-3, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3,6, 8.2, lO, LZ, ~4 Contractual Liability Insurance 11.1.1.8, 11.2, 11.3 Coordination and Correlation 1.2, L5'2, 3,3.1, 3.10, 3,12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications L6, 2.2.5, 3.11 Copyrights 1.6, 3,17 Correction of Work 2.3, 2.4, 3.74, 4.2.1, 9-4.2, 9.8'2, 9.8.3, 9.9.1, ~2.1'2, L2'2, 13.7.1.3 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.6 Costs 2-4, 3,2.3, 3.74, 3,8.2, 3.15.2, 4.3, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.6, 7.3,7, 7.3,8, 9.1o.2, lO.3,2, lO.5,11.3, Cutting and Patch;rig 6.2.5, 3.14 Damage to Construction of Owner or Separate Contractors 3.14-2, 6.2.4, 9.2.1.5, 10.2.1.2, 10.2.5, 10.6, 11.1,11.4, 12.24 Damage to the Work 3,~4.a, 9-9-], lO.22.2, ]o.2.5, lo,6,1~o Damages, Claims for Damages for Delay 62.1, 8.3.3, 9.52.6, 9.7, 1o.3.2 Date of Commencement of the \Vork, Definition of 82.2 Date of Substantial Completion, Definition of Day, Definition of 8.1.4 Decisions of the Architect Decisions to Withhold Certification Defective or Nonconforming ~Vork, Acceptance, Rejection and Correction of Defective Work. Definition of 3.5.1 Definitions Delays and Extensions of Time Disputes 4.1.4, 4.3, 44, 4.5, 4.6, 6.3, 7,3.8 Documents and Samples at the Site Drawings, Definition of 1.1.5 Drawings and Specifications, LL~e and O~aaership of 1.1.1, 1.3, 2.2.5, 3.11, 5-3 Effective Date of Insurance Emergencies · Employees, Cont~-t~'s".- Equipment, Labor, Mateiials and Execution and Progress of the %fork 3-1o, 3a2, 3,wo 4.2.2. 4~-3, 4.3,3, 6.2.2, ~2.3, 7.3-4, Failure Fault)' Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4-2-1, 4.2.9, 4'3.2, 9.8.2, 9.~0,11.1.2, 11.1.3,114,1, 11.4.5, z2.3.h 13.7, ~4,2-4' ~4,4.3 Financial Arrangements, Owner's . . ~: Fire and Extended Coverage Insurance I Governing Law Gum'antees (See Warranty) Hazardous Materials Identification o£ Contract Documents Identification o£ Subcontractors and Suppliers 5.2.1 Indemnification 3.27,11~, 9.1o.2, 1o.3.3, lO.5,1L4.1.2, 114,7 Information and Services Required of the Owner 2.1.2, 2~, 3.2.1, 3.12.4, 3.12-1o, 4.2.7, 4.3.3, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.1o.3,1o.3.3, Injury or Damage to Person or Property Inspections 9.8.3, 9.9.2.9.1o.1, ~2.2.1, 13.5 Instructions to Bidders Instructions to the ContractOr 3.2.3, 3.3.1, 3.8.1, 4.2.8, 5.2.1. 7, L2, 8.2.2, 13.5.2 Insumce 3.18.1, 6a.1, 7.3.6, 8.2.x, 9.3.2, 9.8.4, 9.9,a, 9.20.2, Insurance, Boiler and Machinery Insurance, Contractor's -Liability Insurance, Effective Date of , Insurance, Loss of Us~ Insurance. OwneFS Liabilff~':' -~ Insurance Companies, Consent to Partial Occupancy Insurance Companies, Settlement with Intent of the Contract Documents Interest 13.6 Interpretation L2.3, 1.4, 4,L1, 4,3.1, 5.1, 6.L2, 8.1.4 Interpretations, Written 4,2.11, 4.2.12, 4,3.6 Joinder and Consolidation of Claims Required 4-6.4 Judgment on Final Award 4.6.6 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.L~, 3.13, 3.15.1, 42.6, 4.2.7, 5.2.1, 6.2.1, 7.3.6, 9.3.2, 9-3-3, 9-5.1.3, Labor Disputes 8.3.1 Laws and Regulations 1.6, 3.2.2, 3.6, 3.7, 3.~2-1o, 3.23, 4.1.1, 4,4'8, 4,6, 9.6.4, 9.9.1, lO.2.2,11.1,11.4,13.1,13.4, 13.5.1,13.5.2, Liens 2.1.2, 4.4.8, 8.2.2, 9.3-3, 9.1o Limitation on Consolidation or Ioinder Limitations, Statutes of 4.6.3, ~2-2.6,13.7 Limitations of Liability 2.3, 3.2.2, 3.5.2, 3.7.3, 3-n.& 3.~..lO, 3.I7, 3a8, 4.2.6, 4,2.7, 4,2.~, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.1o.4, lo.3,3, Limitations of Tune 2.1.2, 2.2, 24, 3.2.1, 3.7-3, 3.w, 3.11, 3.n.5, 3.15.1, 4.2.7, 4.3, 4.4, 4.5, 4.6, 5.2, 5-3, 5.4. 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9-3.3, 94,1, 9-5, 9.6, 9.7, 9.8, 9.9, 9.w, n.~3,11.4,1.5,114,6, 11.4,1o, ~2.2,13-5,13.7, ~4 Lo~ of LLs~ Insurance Material Suppliers (Materials, Hazardous Materials, Labor, Equipment and IL2 .... ~:.,x,~ ;. _e~,. LI.3, 1.1.6, L6,1, 3-4, 3.5.1, 3.8.2, 3.8.23. 3.12, 3.13, Insurance. Project il 3 '~ "d "~' --~"::-': ~ 9.5.1.3, 9.10.2,10.2.1, 10.2.4,14'2.1.2 Inset=ce 'Pro~ert. '!~ '.~'"'~a~ Methods, Techniques, Sequences and .... 1o '~ - 114 ~. .- -- ~- '~':a~'~'"'~ocedures of Construcbon .- ~.!' ' t~--., ,.-.~.. vk 3.3.1, 3.L~aO, 4.2.~, 4.2.7, 9.4,a Insurance, Stored Materials a Mechanic's Lien :.. ". ,..., .4.8 IN3URANCE AND 30ND$ .... ~ _ · AIA DOCUMENT A20~-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washinston, D.C. 20006-5292 Mediation Minor C~nge~ in the Work MISCELLANEOUS PROVISIONS 13 Modifications, Definition of Modifications to the Contract 1o.3.2, n.4a Mutual Respousibilit¥ 3.2 Nonconform~g Work, Acceptance of Nonconforming Work, Rejection and Correction of Notice Notice, Written Notice of Testing and Inspections Notice to Proceed Notices, Permits, Fees and Observations, Contractor's Occupancy Orders, Written t4.3.1 Owner, Definition of Owner, Information and Services Required of the Owner's Authority 6.1, 6.3, 7.23, 7.3a, 8.2.2, &3-K g.3,h 9.3-2, 9.5A, Owner's Financial Capability Owuer's Liability Insurauce Owner's Loss of Use Insurance 11.4,3 Owner's Relationship with Subcontractors LL2, 5.2, 5-3, 5-4, 9.6.4, 9.1o.2, ~4,2.2 Owner's Right to Carry Out the Work Owner's Right to Clean Lip Owner's Right to Perform Construction and to Award Separate Contracts Owner's Right to Stop the Work Owner's Right to Suspend the Work 14,3 Owner's Right to Terminate the Contract Ownership and Lise of Drawings, SpecJtScations and Otb. er Instruments of Service Partial Occupancy or Use Patching, Cutting and Payment, Applications for 4-2.5, 7.3.8, 9.2, s3, 9.4, 9.5.1, 9.6.3- 9.7.1, 9.8.5, 9.1o.1, 9ao.3, 9ao.5, n.1.3, ).4.2.4, ~4,4,3 Payment, Carti~cates for Paymer t, Failure of 4.3.,,, o.5a.3, ~.?, 9.1o.2, ~4,1a.3, 14,2.1.2,13.6 Pa,vrnem, Final Payment Bond. Pesformance Bond and Payments, Progi~ ' - 4-3.3, 9-3, 9.6, 9.8.5, 9ao.3,13.6, 14.2.3 5.4,2, 9.5,~-3, 9-6.2, 9-6.3. ~:6-4, 9-6.7, n.4,8, PCB ¥ ~ :;' ,~ ' 1o.3.1 Performance Bond and Payment Boud 7.3.6.4, 9.6.7, 9.1o.3,11.,~.9. 'tin ~, Permits, Fees and Notices Polychlorlnated Biphenyl . ~., 1o.3.1 Product Data, Definition of 3-2.2 Product Data and Samples, Shop Drawings 3A1, 3.]2, 4-2.7 Progress and Completion Progress Payments Project, Definition of the Project Management Protective Liability Insurance Project Manual. Definition of the Pro~ect M~nuals 2.2.5 Project Representatives Property Insurance Regulations and Laws Reiection of Work Releases and ~,Vkivers o£Liens 9.1o.2 Representations 9.8.2, 9.2o.1 Rep~sentatives , - Resolution of Claims and Disputes . 4.4, 4.5, 4.6 Responsibility for Those Performing the Work ~ , Retainage Review of Contract Documents and Pield Conditions by Contractor Safety of Persons and Prop~ty Safety Pre~antions and Programs Samples, Definition of 3.z2.3 Samples, Shop Drawings, Product Data and Samples at the Site, Documanta and Schedule of Values Schedules. Construction Separate Contracts and Contractors Shop Drawings, Definition of Shop Drawings, Product Data and Samples Site, Hse of Site InspeCtions Site Visits, ArchiteCt's Special Inspections and Testing Specifications, Definition of the Specifications, The Statute of Limitations Stopping the Work Stored Materials 6.2~ 9.3.2, 1O.2.L2, 10.2.4. IL4.L4 Subcbntract0r, Definition of ~U BCON?RACTORS I..5.2, 3.~, 3.7.3, 3Ja-7, 6.L3 :'~/ &Review of d ontr act 0r's SU~]-itals .by Chvner .:?fi~ ,l~_-~ntr act ors, Work by -~-T '~ ~:3-2, 3-12.1, 42.3, 5.2.3- 5.3, 5.4. 93.L2 96.7 ':and Architect i',,_ ' = 5~,. ' '~.. ,~:~ ,.~;~. ' ' 3.1o.1, 3.1o.2, M1.3a, LFa:~::[6.i.3, 9- 9.1~- ~Sul~ntractual Relations - .; ~=- . . ' '- <,¢~'g,~, 54, 9-3.12, 9.6, 9.]o lO.m~, 114,7, ll~ ' Re~ of Shop ~s, Pmdua Data ~d Samples by Cont~or , ~ ~ ~,~ ~.z~, 3 12 '-. ' ' ~ubmlttals > Ri-h~ ~d' Remedi~ :~ .~.. ~ L6, 3.1o, ~11, ~a ~7, 5&h ~&~ 7.~ ~ *, ?] ""--~ 9.8, 9.9.h 9.10.2, 9.10.~ 11.1.3 ' 5~6.1 6.~ 7 ~1, 8 ~ 9.5.~'~ 7~ 10~ ~o ~ ~ Submgsfion, W~e~ of a~ ~ a' 13 ~ M ' ~ "~ ~?~- :-< ' ~ 6.1.1 11.4.5 R~es, ~ten~ ~d ~gh~ 55:' ,~.: ,~ Subs~ml ~mpl~on , Rules ~d Notices for Mbi~ation 9-1o4,2, m2, t3.7 ~'~-:' 7~.2-~ ;'-"~'~~ Subst~tial Compl~on, ~fion of AIA DOCUMENT A201-]~97 GENERAL CONDITIONS OF' THE CONTRACT FOR CONSTRUCTION The American Institute of Architeo's 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washinston0 D.C. 2000&-S292 Substitution of Subcontractors 5.2.5, 5--~4 Substitution of Architect 4-1.3 Substitutions of Materials 3.4.2, 3.5.1, 7.3.7. Sub-subcontractor, Definition of 5.1.2 Subsurface Conditions 4.3.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Constraction Procedures 1.2.2, 3.~, 3.4, 3.12.1o, 4.2.2, 4.2.7, 4.3.3, 6.1.3, 6.2.4, 7.1.3, 7.3.6, 8.2, 8.3.1, 9.4.2, lo, 12, 14 Surety 4.4-7, 5.4,1.2; 9.8.5, 9.10.2, 9.1o.3, M-2.2 Surety, Consent of 9.1o.2, 9.1o.3 Surveys 2.2.3 Suspension by the Owner for Canve~ence 14.4 Suspension of the Work 5.4,2, ~4.3 Suspension or Termination of the Contract 4.3.6, 5.4.1.1, n-4.9, 14 Taxes 3.3, 3.8.2.1, 7.3.6.4 Termination by the Contractor 4.3.10,14.1 Termination by the Owner for Cause 4,3.1o, 5.4,1.1, i4.2 Termination of the Architect Termination of the Contractor Tests and Inspections 3.1.3, 3-3.3, 4.2.2, 4.2.6, 42.9, 9.4.2, 9.8.3, 9.9.2, Time, Delays ~nd Extemions of 3.2-3. 4,3.1, 4,3-4, 4.3-7, 4.4.5, 5.2-3, 7.2-1, 7.3-1, 7.4.1, 7.5.1, I.l, 9.5.1., 9-7.1, IO.3-~_, 10.6.1, M.3.a Time Limits 2.1.2, 2.2, 2.4, 3.2.1, 3.7.3. 3.10, 3.11, 3.12.5, 3.!.5.1, 4.2, 4.3. 4.4, 4,5, 4-6, 5-2, 5.3, 5-4, 6.2.4, 7-3, 7.4, 8.2, 9.2, 9.3.1, 9-3.3. 9.4-1, 9.5, 9.6, 9.7, 9.8, 9.9, Time Limits oD C~aimn Title to Work UNCOVERING AND CORRECTION OF WORK Uncovering of Work 12.1 Unforeseen Conditions 4.3-4, 8.3.1, lO.3 Unit Prices 4,3.9, 7.3.3.2 Use of Documents 1.1.1,1.6, 2.2.5, 3.12.6, 5.3 Use of Site Values, Schedule of g.2, 9.3.1 Waiver of Claims by the Architect 13.4,2 Waiver of Claims by the Contractor 4.3.1o, 9.10.5,11.4.7,13.4,2 Waiver of Claims by the Owner 4.3.1o, 9.9.3, 9.1o.3, 9,1o.4,11.4,3, 11.4,3,11.4,7, Waiver of Consequential Damages 4~1.10,14.2.4 Waiver of Liens ~Vaivers of Subrogation 6.1.1,11.4.5, 11.4.7 Warranty 3.5, 4,~-9, 4.3.5.3, 9-3.3, 9.8.4, 9.9.1, 9.1o.4, x2,2..2, 13-7.1.3 Weather Delays 4.3.7.2 Work, Definition of 1.1.3 Written Consent 1.6, 3.4-2, 3.~8, 3,~2, 4.1.2, 4,~4, 4.6.4, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3,1L4.1, 13-2,1~4.2 Written Interpr~atio~ 4,2.11, 4.2.12, 4.3.6 .: Written Notice ~,e: 2.3, 2.4, 3-3.1, 3.9, 3.12-9, 3.12.1o, 4.3. 4.-4~8, 4.6.5, 5.2.1, 8.2.2, 9.7, 9.1o, 1o.2.2, 1o.3, 11.1.3~ 11.~6, _~ Written Orders ". ~:' 1.L1, 2.3, 3.9, 4.3-6, 7, 8.~2, ~JU4.9, 12.1,12.2, 13.5.2, i4,3a ARTICLE I GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification ~s (0 a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders. sample forms, the Contractor's bid or portions of Addenda relating to bidding requirements L 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any ldnd (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub-subcontractor, (3) between the Owner and Architect or (4) between any persons or entities other than the Owner and Contractor. The .~rchitect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties· 1.1.3 THE WORK -. The term "Work" means the construction and services required by, the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictoria~ portioni"~'~'~h'e Contract Documents showing the design, location and dimensions of the Work, geo~rally,'induding plans, elevations, sections, details, schedules and diagrams. 1 1 $ THE SPEC F CATIONS - ~.~_.~..~ The Specifications are that portion of the Contract Documents consisting of the written requu~- ments for materials, eqmpment, systems, standards and wgrkmanship for the Work, and perfor- mance of related services. ~-'~ 1.1.7PRO, EC ANUA£ The Project Manual is a volume assembled :fox, he Work which may include the bidding requirements, samPle f°rms, C°nditi°ns °f th~ C°'ntract and Speclficat~°ns' 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1 .,.The ~ntent of the Contract Documents ~s to mdude all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are ~WARNING.: Onlicellsed photocop,fil~ vlola~s U.S. col)yri~hf laws and will subJ~-t ~ne violator to k~al p~os~cuflo.. . . - ,.. AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute o1 Architects 1735 New York Avenue, N.W. Washinston, D.C. 20006-5292 AIA DOCUMENT A2Oi-ig97 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute o~ ~hit~ts complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent' with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. 1.2.2 Organization of the Specifications into divisions, sections and ai'ticles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.3 Unless otherwise stated in the Contract Documents, words which have well-known technical or comtruction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are (~) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American institute of Architects. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all' and "any~ and articles such as "the~ and ~an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be signed by the Owner and Contractor. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Documents upon request. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work isto be performed and correlated personal observations with requirements of the Contract Documents. '1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE 1.6.1 The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service th~figh which the Work to be executed by the Contractor is described.:The Contractor ma)' retain one record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved, rights, in ~/dditi0n to the cop~q-igh'a. All copies of Instruments of Service, except the Contractor s record set~:ghall be returned'or suitably accounted for to the Architect, on request, upon completion of the-Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants, and copies thereof furnished to the Contractor, are for use solely with respect tO this Project. They .are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scop~ of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. The Contractor, Subcontractors, Sub-subcontractors and material or equipment shppliers-are anthofized to use and reproduce applicable portions of the Drawings, Specifications ancl..Eth~r documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' copyrights or other reserved fights. ARTICLE 2 OWNER 2.1 GENERAL 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to througnout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Subparagraph 4.aa. the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall at the written request of the Contractor, prior to commencement of the Work and thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations Under the Contract. Furnishing of such evidence shall be a condition precedent to commencement or continuation of the Work. After such evidence has been furnished, the Owner shall not materially vary. such financial arrangements without prior notice to the Contractor. 2.2.2 Except for permits and fees, including those required under Subparagraph 3.7.2, which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy, of permanent structures or for permanent changes in existing facilities. 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Prolect, and a legal descnptaon of the site. The Contractor shall be entitled to rely on the accuracy of informatioi~ ~hed by the Owner but shall exercise proper precautions relating to the safe performanc?~f thfi Work. 2.2.4 Information or services required of'~he Owner by the Contract Documents shaft be fij_rnished by the Owner w~th reasonable promp .t~.~.ess. ~_~.~,other reformation or services relevant ^.~.^ to the Contractor s performance of the Work under the OCmer s control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.5 klnless otherwise provided in the Con.tra~._ Documents, the Contractor will be furnished, .free of charge, such copies of Drawings and .Pr~oj. ect Manuals as are reasonably necessary for © ~ ~ ~ ? ^ ~ ^ ® -execution of the Work. ,MA OOCOMENT A201-1,*? ~ -'2~ ~. ': " - GENERAL CONDITIONS 23 il} .OWNER'S RIGHT TO STOP THE WORK OF TIlE CONTRACT FOR ; .~..~ . . . . .... CONSTRUCTION 2.3.1 ~ If the Contractor fails to correct Work which is not m accordance wath the requu'ements ~ .... . . ~ , . . . ~. of the Contract Documents as required by Paragraph ~2.2 or persistently fails to carry out Work in The American Institute ?!%~'-- ~;~ . - . ¥ " ~ 1735 New York Avenue, N.W. 1 accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contract. or or any other person or entity, except to the extent required by Subparagraph 6.~.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional serdces made necessary by such default, neglect or failure. Such action by the Owner and mounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pa)' the difference to the Owner. AIA DOCUMENT A201-1gg7 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION of Architects 1735 New York Avenue, N.W. Washinston. D.C. 2OOO~5292 ARTICLE 3 CONTRACTOR . 3.1 GENERAL 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. !.1.3 The Contractor shall not be relieved of obligations to perform the ~gork in accordance with the Contract Documents either by activities or duties of the Architect' in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 Since the Contract Documents are complementary, before starting Each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the LCiform~tion furnished by the Owner pursuant to Subparagraph ~..2.3, shall take field measurements of any e:dsting conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the C,6~i~or and are not for the purpose of discovering errors, omissions, or inconsistencies re;the Contract Documents; however, any errors, lnconslstenoes or omissions discovered by the Co~n~.tr~actor shall be repo .rted promptly to the Architect as a request for information in such form as the Architect max- require.- t.2.2 Any design errors or omissions noted by the Contractor during Lifts review shale be reported promptly to the Architect, but it is recognized that the Contract-o~'s revieW.is made in the Contractor's capacity as a contractor and not as a licensed design professional dnless oth~e specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, buildin~ codes, and rules and regulations, but any nonconformity discovered by or made know~ i8 Contractor shall be reported promptly tO the Architect. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as pmvided in Subparagraphs 4.3.6 and 4.3.7- If the Contractor fails to perform the obligations.of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistent),, omission or difference and knowingly failed to report it to the Architect. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and. except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instmcted to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor. the Owner shall be solely responsible for any resulting loss or damage. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Con- tractor's employees. Subcontractors and their agents and employees and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction ~,e. quipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent 'and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor may make substitu~(~ons'.~'~.nly with the consent of the Owner, after evaluation by the Architect and in accordance with aC_,ha~ge Order. . tl .:~nj~ . 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons caxrying o~t-the Contract. The Contractor shall not permit employment of unfi~t persons or persons not 'skifi~'d in tasks assigned to them. ~,3.S WARRANTY ~' ' ~ ~3.5.1 "~The Contractor warrants' to the Owner and Architect that materials and equipment ~,~:~'furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract AIA DOCUMENT A201-lgg7 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institu~'e of Architects 1735 New York Avenue, N.W. Washinston, D.C. 20006-5292 AIA DOCUMENT A201-1997 OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New Yor~ Avenue, N.W, Washinslon, D.C. 20006-5292 Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal .wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, ~ES AND NOTICES 3.7.1 1..lnless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. 3,7.2 The Contractor shall comply with and give notices required by laws, ordinances, roles, regulations and lawful orders of public authorities applicable to performance of the Work. 1.7.3 It is not the Contrgctor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and roles and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and O~mer, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. -. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all afiowances stated hi the Contract Documents. Items covered by aUowances shall be supplied for such amounts and by such pe}sons or entities as the Owner may direct, but the Contractor shall not be required to employ, persons or entities to whom the Contractor has reasonable objection. ~" · .... 3.8.2 Unless otherwise provided in the Contract Documents: a allowances shall cover the cost to the Contractor of materials ~d equipment delivered at the site and all required taxes, less applicable trade discounts; - .1 Contractor's costs for unloading and handling at th~.i~te, labor, installation costs, overhead, profit and other expenses contemplated for ~ited allowance mounts shall be included in the Contract Sum but not in the allowances;- ~'"' .~ whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall refl..ect (~) the difference between actual costs and the allowances under Clause ~.8.2.1 and (2) changes in Contractor's costs under Clause 3.8.2.2. ' 3.R-~ Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the Work. 3.9 SUPERINTENDENT 3.3.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contraaor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contraaor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and ArchiteCt. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications. Addenda, Change Orders and other Modifications, in good order and marked currently to record field changes and selections made during construction, and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to/the Architect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor,~Sub-subeontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. ;9 .: 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, ":'' brochures, diagrams and other information f~mished .b.~.$he Contractor to illustrate materials or ·; '~. equipment for some portion of the Work. ;' ~ 3.12.a Samples are physical examples which ill~_~fi~'~terials, equipment or workmanship and establish standards by which the Work will be judged. ..... - 3.12.4 Shop Drawings, Product Data, S ar submittals are not Contract --'x ~, Documents. The purpose of their submittal is ii~*~_e~x~(~h~rate for those portions of the Work for · which submittals are required bv the Contra;:i~me'nts the way by which the Contractor "' -' proposes to conform to the information gfqen and the design concept expressed in the Contract ! 3 : Documents. Review by the Architect is .~l~l.e~__~ to the limitations of Subparagraph 4-2.7. ~ '.I Informational submittals upon which the ~,.~_'.t~is not expected to take responsive action may o ~ ~ ~ z ^ ~ ^ ® ] ::~ ,.-~?: be so xdentafied tn the Contract Documents. Stibrmttals which are not reqmred by the Contract Am DOCUMENT a2m4~? :/_. !' ;?~;,Documentsmaybereturnedbythe~rchitectwithoutaction. ~SUER^LCOUmnOUS ~t'; ~ ,! ~.~: · .[ ,, . OF IHE ¢ON?RA¢I FOR -'<.,,~ ::-' 3.12.S -The Contractor shall revlesv for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by ~he ^merican Imtitute of Architects ~.,:~'~"-~T~'~TM ~ r2'?. ~''~'~.'L" : I 173S New York Avenue N.W. ~,~:~.~z.;,~. .... ~ ,, l~ W, shmgton, DC 20006.5292 I, L AIA DOCUMENT AaOl-lgg7 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 173S New York Avenue. N.W. Washinston, D.C. 20006-5292 the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. 3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations fi.om requirements of the Contract Documents by, the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such dex4ation at the time of submittal and (z) the Architect has given written approval to the specific deviation as a minor change in the Work, or (a) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not he relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by, the Architect's approval thereof. 3.12.9 The Contractor shall direct spedfic attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice the =4xchitect's approval of a resubmission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifica~ons by a design professional related to systems, materials or equipment arq specifically re.quired of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must safis~: The Contractor shall cause such service~ or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other ~ubmittals related to the · Work designed or certified by such professional, if prepared ~by others, shall bear such professional's written approval when submitted to the ArchitecL The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of theserttces,*' certifications or approvals performed by such design professionals, provided the C)wner and Architect have specified to {he Contractor all performance and design criteria that such servi.ces must satisfy. Pursuant to this Subparagraph 3.ri.m, the Architect will revieW, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance ~Sth information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by:the' Contract Documents. ~/ WARNING: Unllcem~d photocopyln~ violates U.S. cop~ laws and will subject the vlol,ter te legal prosecutlo~ ~,:~;~:r::: 3.]3 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting 9r patching required to complete the Work or to make its pans fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Chvner or separate contractors by cutting, patching or otheva4se altering such construction, or bv excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as pro~-ided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES, PATENTS AND COPYRIGHTS 3.17.1 The Contractor shall pa.',' all royalties and license fees. The Contractor shall defend suits or claims for infringement of coLE~rights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shdlI'be '~d~ponsible for such loss unless such information is promptly furnished to the ArchitecL~. ? 3.18 * INDEMNIFICATION ;~ ~ 3.18.1 To the fullest extent permitted by law 'a~d to,~he extent claims, damages losses or expenses are not covered by Project IVlanagem~ent'Pr~iect~e l~ability insurance purchased by the ContraCtor m accordance w~th Paragraph n.3, the (~ontractor shall mdemmfy and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and agmnst claims, damages, losses and expenses, m~ding but not lmatted to attorneys fees, arising out :~f 6r resulting~fmm performance of th~W~, provided that such daim, damage loss or ?<~Texpense is attributabl~ to bodily injury, Sickn~i~i%ease or death, or to injury to or destruction of ~ ?. ' .~}~:,tangible property (other than the Work itself), but only to the extent caused by the negligent acts ~;!;'i~>¥: ' 95.:}~nr~._...~. on~ssions of the· Contractor, a Subcontractor, anyone directly or indirectly emplo/ed by them ....... L~,or an~vone for whose acts they may be liable, regardless of whether or not such clmm, damage, loss ~'..~'or expense is caused in part by a party indemnified hereunder. Such obligation shall not be violates U.S. copyright laws and will subject the v~ _1~.?o I~1 p?~.ec~ f14~. : ~!:~ 4.~t¥ ALA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, Washington, D.C. 20006-5292 construed to negate, abridge~ or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3a8. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3a8 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Subparagraph 3.xSa shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit aas or other employee benefit acts. AIA DOCUMENT A20'1-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N,W, Washipgten, D.C, 20006-S292 ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. 4.1.3 If the employment of the ArChitect is terminated the Owner shall employ a new Architect against whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the former Architect. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be an Owner's representative (0 during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the one-year period for correction of Work described in Paragraph z2.2. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. 4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations (0 to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in th~ Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make ex_haustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, .'since these are solely the Contractor's rights and responsibilities under the Contract Documents, e~cept as provided in Subparagraph 3.3.1. .: . '~ -- 4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Aiehitect x~lll not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. : ; 4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and 'with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certi~ the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architec~ will have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and ~3.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance 'with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accura~ and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12.. The Architect's review shall not constitute approval of safety precautions or. unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect Will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final C_ertificate for Payment upon compliance with the requirements of the Contract Document~' ~ 4210 If the Owner'and Architect agre c tect will provide one or more project.. representatives to assist in carrying out the 'Architects responsibilities at the site. The duties, respons~bd~tres and hlmtatrons of authority of such prolect representatives shall be as set forth in an exhibit to be'incorporated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concerning performance under, and -. requirements of, the Contract Documents on written request of either the Owner or Contractor. AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Archilects 1735 New York Avenue, N.W. Washinston, D.C. 20006-5292 A~A DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by.the Architect to furnish such interpretations until x5 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIM$ AND DISPUTES 4.3.! Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be initiated by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Time Limits on Claires. Claims by either party must be initiated within 2~ days after occurrence of the event giving rise to such Claim or within 2~ days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated by written notice to the Architect and the other party. 4.3.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing or as provided in Subparagraph 9.7a and Pa'tide ~, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.4 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are 0) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist _.and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party' promptly before conditions are disturbed and in no event later than 2~ days after first observance of the conditions. The Architect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not mat~iSally different from those indicated in the Contract Documents and that no change in the terms'~fthe C0ntract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 2~ days after the Architect has given notice of the decision. If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to Paragraph 4-4- 43.5 Claims for Additional CosL If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph ~o.6. 4.3.6 If the Contractor believes additional cost is involved for reasons including but not limited to (t) a written interpretation ~rom the .&rchitect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of pa.vment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be flied in accordance with this Paragraph 4-3- 4.3.7 CLAIMS FOR ADDITIONAL TIME 4.3.7.1 [f the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.7.2 If' adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. 4.3.6 Injury or Damage to Person or Property, If either party to the Contract suffers injury, or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 2~ days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. 4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materi ,a~ly changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.3.10 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out 0f'?'~elating to this Contract. This mutual vauver includes. ~-~.~:, ~ .1 damages incurred by the Owner for reiital ~ _e~cpenses, for losses of use, tncome, profit, ". financing, business and reputataon, diet'for loss of management or employee produch'nty' ' or. of the services of such. :~';~pers°ns' .and. ~ .2 dama2es incurred by the Contractor:~t'or =~5nopal office expenses including the ~ . , . .:--~ . . ~ compensatlon of. personnel statlone~, there, f'o~osses of. financmg business and repu- taUon, and for loss of profit except antlopated profit ansmg directly from the Work. This' mutual waiver is.applicable, without limitation, to all consequential damages due to either party's termination in accordance with Al*tld~.~Nothing contained in this Subparagraph shall be deemed to preclude an award of}hT~rju.~,~dated direct damages when applicable in accordance w~th.the requirements of the Con~l~ocuments. .... ...,~ .. - . ...... 44~ *.gDeosion of Architect. Glalms mclucling those alleging an error or omission by the ~!c~Z!:,,-/Archiiect but'oLxcluding those arising under Paragraphs lo.3 through m.5, shall be referred 'initially to the Architect for decision. An initial decision by the Architect shall be required as a ~~~RNING: Unlicensed pholt~pytng vlolah~s U& copyrlsht hws amJ wi# ~u~ect It~ violator ~ ~l pms~. · ~. AIA DOCUMENT A20~-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Aven~e, N.W. Washinston, D.C. 20006-S292 AIA DOCUMENT A201-1~97 GENERAL CONDITIONS OF THE CONTRACT FOR · CONSTRUCTION The American [nstitule of Architects 1735 New York Avenue, N.W. Washinston, D.C. 20006-5292 condition precedent to mediation, arbitration or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless 3o days have passed after the Claim has been referred to the Architect with no decision having been rende~d by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Architect will review Claims and within ten days of the receipt of the Claim take one or more of the following actions: (a) requ6st additional supporting data from the claimant or a response with supporting data from the other party, (z) reiect the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim. 4.4.3 In evaluating Claims, the Architect may, but shall not be obligated to, consult with or seek information from either party or from persons with Special knowledge or expertise who may assist the Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall · either proxfide a response on the requested supporting data, advise the Architect when the response or supporting data will be furnished or advise the Architect that no supporting data w/Il be furnished. Upon receipt of the response or supporting data, if any, the Architect will either: reject or approve the Claim in whole or in part. 4;4.5 The Architect will approve or reject Claims by written decision, which shall state the rea- sons therefor and which shall notify the parties of any change in the Contract Sum or Contract Time or both. The approval or re iection of a Claim by the Architect shall be final and binding on the parties but subject to mediation and a~bitration. 4.4.6 When a written decision of the Architect states that (0 the decision is final but subject to mediation and arbitration and (a) a demand for arbitration of a Claim covered by such decision must be made within 3o days after the date on which the 13arty making the demand receives the final written decision, then failure to demand arbitration within said 3o days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such dec/sion may be entered as evidence, but shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned. '~ 4.4.1 Llpon receipt of a Claim against the Contractor or at any time thereafter, the Architect Or the Owner may, but is not obligated to, notify the surety, if any, of the nature and mount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Architect or the Owner may, but is not obligated to, notify the surety and request the sure~y's assistance in resolving the 4.4.~ If a Claim relates to_ or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the Claim by the Architect, by mediation or by arbitration. 4.5 MEDIATION * 4.5.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetid effect and except those waived as provided for in Subparagraphs 4.3ao, 9ao.4 and 9.1o.5 shall, after initial decision by the 3xchitect or 3o days after submission of the Claim t° the Architect, be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. 4.5.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration A~sociation. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days fi.om the date of filing, unless stayed for a longer period by agreement of the parties or court order. 4.5.1 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 4.6 ARBITRATION 4.6.1 /May Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and emept those waived as provided for in Subparagraphs 4'3ao, 9.1o.4 and 9.io.5, shall, after decision by the Architect or 30 days after submission of the Claim to the Architect, be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with the provisions of Paragraph 4-5. 4.6.2 Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be m accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to the Contract and with the ,Mnerican Arbitration Association, and a copy shall be filed with the Architect. 4Ji.3 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4~4'6 and 4~6a as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph ~3.?. 4.6.4 lJmltation on Consolidation or I'oinden No arbitration arising out of or relating to the Contract shall include, by consolidation or Ioinder or ink'ny other manner, the Architect, the Architect's employees or consultants, except by ' ' ~' ~ ' ' wrfitten ~cpnsent containing specific reference to the Agreement and signed by the Architect, Owner;C6htractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor; ~ separate contractor as described in Article 6 and other persons substantially involved in a common~qU~esfion of fact or law whose presence is required if complete relief is to be accorded in i/rbi~ti6n. No person or entity other than the Owner, Contractor or a separate contractor as described m Article 6 shall be included as an original third party or additional third part~ to an arbitration whose interest or responsibility is insubstantial. Coment to arbitration involving ii'additional person or entity shall not constitute consent to arbitration of a Claim not described ~a.?rein or with a person or entity not named or described therein. The foregoing agreement to ~r~itrate and other agreements to arbitrate with an ~!};.('additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under .apphcable hw m any court having jurisdiction thereof. )d). DOCUMENT A201-1997 GENERAl. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American lnsN~ute of Archite~l's 1735 New York Avenue, N.W. V/ashinston, D.C. 20006-S292 4.6.5 Cl~im~ and Timely Assertion of Claims. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. 4.6.6 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having iurisdiction thereof. C) 1997 AIA~ AIA DOCUMENT A2Ol-lgg7 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American !nstitute of Architects 1735 New York Avenue, Washington, D.C. 20006-5292 ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the ~Vork at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless other~4se stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work; The Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the O~vner or Architect to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.5 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom-~the~Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. HOWever, no increase in the Contract Sum or Contract Time shall be allowed for such change uhless the Contractor has acted promptly and responsively in submitting names as required. ' © 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes-reasonable objection to such substitute. 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contract0f Shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, ~o bg bound to the Contractor by terms of the Contract Documents, and to assume toward .the Contractor all the obligations and responsibilities, including the responsibility for Safety~6~ the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owne~ and Architect. Each subcontract agreement shall preserve and protect the rights of the O,amer and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit'of all tights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each .... Subcontractor to enter into similar agreemems with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agree- ment, copies o£ the Contract Documents to which the Subcontractor will be bound, and, upon written request o£ the Subcontractor. identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Document. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. S.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: a assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph la.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contractor in writing; and a assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. ARTICL£ 6 CONSTRUCTION ~Y OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARAT£ CONTRACTS $.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portiom of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided hi Paragraph .3 6.1.2 When separate contracts are awarded for"ifl~fere~t portions of the Project or other construction or operations on the site, . ~ r .. the term Gon_tr. actor m the Contract Documents in each case shall mean the Contractor who executes each s'-e'barate Owner-Contractor Agreement. : ' 6.13 he Owner s all rovide for coordin ti ties of the Owner's own forces md of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall partxc~pate w~th other separate con~ctors and the Owner in reviewing their ~ construction scheduIes when directed to do so. The Contractor shall make any revisions to the ' .... ~ ~onstru~tion~ ~. schedule, deemed necessary, afier~.,a. .... j'oint review and mutual agreement. The '~ · .constructmn schedules shall then constatute th.~i~edules to be used by the Contractor, separate ;' ., ~?c?~tractors and the Owner until subsequently'regised -:~-2--" 3~< .-'7:~i~sc?:~ lt~l-,ess °th-,er~.se pro~ded m _the Contract Documents, when the Owner performs '. -'. 5~: .-Fionstructmn or operations related to the Project with the Owner's own forces, the Owner shall be =:iv.:(.'dee/~d to be subject to the same obligations and to have the same rights which apply to the ! AIA DOCUMENT A2014gg7 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute 1 AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR of Architects 173S New York Avenue, N.W. WashinRton. D.C. 2001~-5292 Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles lo, n and ~ 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate contractoi's reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. $.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. $.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed actMties or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. $.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partial.ly completed construction or to property of the Owner or separate contractors as proxSded in Subparagraph 2o.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Subparagraph 3a4. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK -~ 7.1 GENERAL ~ 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. .- ~: 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor;, an order for a minor change in the Work maybe issued by the Architect alone. ~ _ ..... . :' 7.13 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .~ change in the Work; .~ the amount of the adjustment, if any, in the Contract Sum; and .~ the extent of the adjustment, if any, in the Contract Th'ne. ....... 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed . in Subparagraph 7.3.3- 7.3 CONSTRUCTION CHANGE DIRECTIVES 7,3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive. without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7*3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Orde: 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .~ mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .z unit prices stated in the Contract Documents or subsequently agreed upon; a cost to be determined in a manner agreed upon by the parties and a mutually acceptable fi"xed or percentage fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 73.$ If the Contractor does not respond promptI¥ or~isagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by' the Architect on the basxs of reasonable expenditures and savings of :~t~,ose'performmg the Work attributable to the change, including, m case of an increase m the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7~3.3-3, ).he Contractor shall keep and present, in ~such form as the Architect may prescribe an itemized accounting together with appropriate ~ supporting data. Unless otherwise provided m the Contract Documents, costs for the purposes of ~ ~ ~ ~ais. Subpaxagraph 7.3.6 shall be limited to the loll0 .~ng: " '.~ costs of labor, including social se..c~-i~'~t~'~°~lo d age and unemployment insurance, fringe o ~ 9 s r ^ i ^ ® :. ~ DOCUMENT 7,~ '~;' ben~ts required by agreement or custom, and workers' compensation insurance; *'T '~'~", _" .,r"~'" ~,a costs 6f materials, supplies~and equipment, including cost of transportation, whether o~ THE CONTRACT FOR ~7'ri~;g~': a incorpoi'~ated or consumed; . CONSTRUCTION ..<?';~'2~'~ a rental COSts of machinery and equipment, exclusive of hand tools, whether rented from The American the Contractor or others; of -~ ~ .~.;i{~ . IT~ Washinston, D.C. 20006-5292 Un~emedphotocopyln~vJol~t;~sU.S. cop~'~shtlawsandwillsubje~fhevl~a~orlo~lp~. ,L-:~..,' ~ ' costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and additional costs of supervision and field office personnel directly attributable to the change. 7.3.7. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 Pending ~nal determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be ~ncluded in Applications for Payment accomp~mied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Architect will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4- 73.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not invol,~ing adjust- ment in the Contract Sum or extension of the Contract Time and not inconsistent x~ith the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. AIA DOCUMENT A~O1-1gg7 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION Of Architects 1735 New York Avenue, N.W. Washinston, D.C. 20006-5292 ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise prox4ded, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement 8.1.3 The date of Substantial Completion is the date certified b~ the Architect in. accordance with Paragraph 9.8. 8.1.4 The term 'day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION · ~%' - · 8.2.1 Time limits stated in the C6ntraet Documents are of tbe~:~ssence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reason, able period for performing the Work. - $.2.2 The Contractor shall not knowingly, eXCept by agreement or instruction of the C~vner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article n to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unles~ the date of commencement is established by the Contract Documents or a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than' five days or other agreed period before commencing the Work to permit the timely F-dlng of morgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forCes and shall acl~eve Substantial Completion within the Contract Time. %~'~'":' 7' 9.3 '~ DELAYS AND EXTENSIONS OF TIME ~ 6.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by ' an act or neglect of the Owner or Architect or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual " delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending mediation and arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8..3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3- 8.1.5 This Paragraph 8.3 does not preclude re?very of damages for delay by either party under other provisions of the Contract Documents. q ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. !~ 9.2 SCHEDULE OF VALUES - 9.2.1 Before the first Apphcat~on for Pa.yment~ the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantmte its accuracy as the Architect may reqmre. This schedule, unless objected to'by the Architect, shall be/used as a basis for reviewing the Contractor's Applications for P~yment. '~': 9.3 ~ APPLICATIONS FOR PAYMENT' '-';:']' 9.3.1 'At least teh'aa?s be~-ore the'date e~ablish~],~ progress pament, the Contractor ': shall submit to the Architect an itemized Application ~ff'YPayment for operataons completed m ,: accordance wath the schedule of values. Such ~p.~h/on shall be notarized, ff reqmred, and supported by such data substantiating the'Contractor's right to payment as the Owner or · Architect may requii'e, Such as copies of requisiti6~.from Subcontractors and material suppliers and reflecting retam~age if pro, nded for m ~,..~ ~.~=~.~ ~. ~ _C.~_~'Documents. - .....~o~s may include requests for payment on' ' "" ' ~ " :' q' j; '~ 9~.1.1 AsprovidedipSubpaiagraphy.3.8, su account of changes m the Work which have.~en properly authorized by ConstrucUon Change ir,,ct s,o byi ~ dete'..z~nina~ns ~tect, bnt not yet included in Change Orders. . :.', .~.:"C?.~.3.1.I Such apphcauons may-notj~nclude/'~ests for payment for portions of the Work for :' ' 1,47 ': ?:( ~ :~hich the Contractor d°e& i~ot int~dd to pay to a Subcontractor or material sunnlier, unless such ¢ '-'te&?!':<"',~ht~rork[asbeenperformedbyotherswhomtheContractormtendstopay. ~w~UqlNG:' Un. licensed p~.~pyln8 vloh~tes UJ. copyright laws iud will ~bject the violator to lesnl pmseculkm. :;~ .ro',~ AIA DOCUMENT A20M997 GENERAl. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Instii*u~e of Archilects 1735 New York Avenue, N.W. Washington, D,C. 2000~-5292 AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION of Architects 1735 New York Avenue, Washinston, D.C. 20OG6-5292 93.2 Unless otharwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be'conditioned upon com- pliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and' transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encum- brances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.~. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by. the A.rchitect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations fi'om the Contract Documents prior to completion and to specific qualifications ~xpressed by the Architect. The issuance of a Certificate for P~yment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (x) made ~xhaustive or continuous on-site inspections to check the quality or quantity ofth~ Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the ContractOr's right to payment, or (4) made examination to ascertain how or for what pu~ose the Contractor has used money previously paid on account of the Contract Sum~ 9.5 DECISIONS TO WITHHOLD CERTIFICATION :~. 9.5.1 The Architect may withhold a Certificate for Payment in-~h°le or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to ~he Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4-1. If the Contractor and Architect cannot agree on a ~evised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certifi~{e-'? for Payment or, because of subsequently discovered evidence, may nullify the whole or a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's WARI41NG: Unlk~s~l photoeol~~ violates oJ. copyr~t laws and will subJic? the violator to h~gal prosecution. '~'~,~ ?" opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting fi.om acts and omissions described in Subparagraph 3.3.2, because off a defective Work not remedied; .2 third party ctaims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; z failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment: reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; damage to the Owner or another contractor;, reasonable evidence that the Work will not be completed within the Contract Tinae, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .r persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9,6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notiF/the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the OYrner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work. the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractm' on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors ~n a similar manner. 9.6.9 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts'applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. 9.6.4 _ Neither the Owner nor Architect shali?ave an obligation to pay or to see to the payment of money to a Subcontractor except as may 0therwise~,~.~egtgquired by law. 9,6.S Payment to material suppliers shall be treated"-" '~in;a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9-6.4. ;.9.6.6 :, A Certxficate for Payment, a progress p~.. ~y~m..e.~e....,-.al..,i~.y,j~)art~al or entire use or occupancy of the Documents. '. '- :: 9.6.7 Unless the' Contracto[ provides th~Owner with a payment bond in the full penal sum of the 9ovtr ct Sum, paymen¢ received by ... ontra tor for Work properly perfu=ed by ~Subeontractors and ~uppliers shall be held.~b~,,~e Gontractor for those Subcontractors or >~suppliers who performed Work .or furnish~ff-materials, or both, under contract with the ~.~ :: ~: ~ .~ . . .... · .... · *.5.Con .t~,~ctor for w~hich payment was made by the Owner. Nothing contained hereto shall reqmre .~i'~)~rS'.; .~7;mone}{. to be place,d in a s~parate accoknt and not coinmingled with money of the Contractor, ~: .-. .... ... .. sba, Il create any fiducmry liability or tort liability on the part of the Contractor for breach of trust m~:~;or' shall entitle any person or enti{~ to an award of punitive damages against the Contractor for ~~breach.of the requirements of this provision. AIA DOCUMENT A201o1997 GENERAL CONDITIONS OF THE CONTllACT FOR CONSTRUCTION The American Institute of Architects 173S New York Avenue, N.W. Washinston, D.C. 2001~-S2~2 AIA DOCUMENT A20'l-lgg7 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institut~ of ^rchJtects 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by arbitr~ition, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the ~,~brk until payment of the amount owing has been received. The Contract Time shall be e~tended appropri- ately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, plus interest as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION g.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 9.8.3 Upon receipt of the Contractor's list, the Architect wiil make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Ow-net can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, ma/ntenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. '.~;~ · 9.8.5 The Certificate of Substantial Completion shall be subrmtted to the C~,vner ~and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner sh~ make payment of retalnage applying to such Work or designated portion thereof. Such pay~.~e, nt shall be adjusted for Work that is incomplete or not in accordance with the requirements of [i~'~ontract Docttments. 9.9 PARTIAL OCCUPANCY OR USE ' ?-._ 9.9.1 The Owner may occupy or use any completed or partially completed portion of the W~i'k at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Clause n.4a.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy ~i- USe may commence whether or not the portion is substantially complete, provided the Ownei:and Contractor have accepted in writing the responsibilities assigned to each of them for paYmeht~, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Gontractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.-'. Consent of the Contractor to partial occupancy or use s.hall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, it' no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.,3 Unless otherwise agreed upon, partial occupancy, or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. gAO fiNAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment. the Architect will promptly make such inspection and. when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the ,-M'chitect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documen~ and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment wifi constitute a further representation that conditions listed in Subparagraph 9.1o.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final pa,wment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expLre until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the ~er[ '~ther data establishing payment or satisfaction of obligations, such as receipts, releases and vea~vers of hens, claims, security interests or encumbrances arising out of the Contract, t~':~the extent and in such form as may be designated by the Owner. If a Subcontractor/'efuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satis~tg, rY to the Owner to indemnify the Owner 9gmnst such lien. If such lien remains unsahsfied after ty~yments are made, the Contractor shall refund to the Owner all money that the Owner rn~ compelled to pay in discharging such hen, including all costs and reasonable attorneys' leS;: ~.lOa'~ If, after substantial Completion 6;~:~. ~_rls,. afinal completion thereof is materially delayed through no fault o(the Contractor or by is.~'a~f Change Orders affecting final completion, and the Architect so confirms, the Owner shall upon application by the Contractor and certifi- 3'-',~.~:kcataon by the Architect, and wathout terminating the Contract, make payment of the balance due .'., !for thSt portion of the Work fiAly completed and accepted. If the remaining balance for Work not · fully completed or corrected is less than retainage stipulated in the Contract Documents and if .... bonds have been furnished, the xentten consent of surety to payment of the balance due for that ~k.W~ L~AR ?~N.G; U~lk~ n~ ed photocopylnl 'v~n~i I/_c. copyr~ht bws and will subject the vlobtor AIA DOCUMENT A20~-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Inslitute of Architects ~735 New York Avenue, N.W. Washinston, D.C. 20006-5292 portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .a failure of the Work to comply with the requirements of the Contract Documents; or 3 terms of special warranties required by the Contract Documents. g.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. AIA DOCUMENT A20~-lgg7 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 173S New Yod~ Avenue, N.W. Washinston. D.C. 2OOO~-5292 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .t employees on the Work and other persons who may be affected thereby,; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; and 3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as requited by existing conclition; 'and performance of the Contract, reasonable safeguards for safety a~,d, protection, indudlng posting danger signs and other warnings against hazards, promulgatin~rs'~,.~f~¥ regulations and notifying owners and users of adjacent sites and utilities. ;;~i!~i'.. lO.1.4 When use or storage of explosives or other hazardous matd~ls or'i:quipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such actavalaes under supervmon of properly quahfied.~.nnel:~' 10.2.~ The Contractor shall prombfly remedy damage and lo~{her thai dam'age or.loss insured under property insurance required by the Contract Documents) to property referred to in Clauses ro.2a.2 and ~0.2a.3 caused in whole or in part by the Contractor',"a Subdontractor, a Sub-subcontractor, or anyo}le directly or indirectly employed by any of tMm, or by whose acts they may be liable and for which the Contractor is responlibl~ imder..Clauses 10.2a.2 and lo.zl.3, except damage or loss attributable to acts or omissions of the C~fi}-r or .-~'chit~ect~-'' anyone directly or indirectly employed by either of them, or by anyone for whose ac{s eith~ of them may be liable, and not attributable to the fault or negligence of the Colatrac~ri';~h~ foregoing obligations of the Contractor are in addition to the Contractor's obligations"~n'~er Paragraph 3a8. WARNING. Unlicensed ph~ocopyln8 violates O-~. mpyflsht laws and will subject dm vlobfor Iro hGal prosecution, a .... 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10,3 HAZARDOUS MATERIALS 10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting From a material or substance, including but not limited to asbestos or polychlorinated biphenyl PCBL encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. 10.1.2 The Owner shall obtain the serv/ces of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents. the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in w-tiring stating whether or not either has reasonable obiection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner. the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the mount of the Contractor's reasonable additional costs of shut-down, delay and start-up, which adjustments shall be accomplished as provided in ,M-tide 7- lO&3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them fi.om and against claims, damages, losses'and expenses, including but not limited to attor- neys' fees, arising out of or resulting fi.om pei'furmance of the Work in the affected area if in fact the material or substahce presents the risk of b, oclity iniury or death as described in Subparagraph ao.3a and has not been rendered harmless, prbvided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, Bi' ~to injury to or destruction of tangible property {other than the Work itself) and provided that ~h damage, loss or expense is not due to the sole neghgence of a party seeking mdemmty._? 10.4 The Owner shall not be responsible tmder"'Waragraph ~o.3 for materials and sulmances brought to the s~te by the Contractor unless such' materials or substances were ~lmred by the Contract Documents. lO.S If, without negligence on the part of the Contractor, the Contractor is held liable for the cost of remediation of a hazardous material or st~bstance solely by reason of performing Work as required by the Co~tract Documents, the owli~e~=sl}all indemnify the Contractor for all cost and © ~ s ~ ~ ^ ~ ^ ® emr~en~e thereby ~nn ~rr~d - .. - . ~ AIA DOCUMENT A~014997 - . ,a \ _ ' . '- GENERAL CONDITIONS ~,' _ . OF THE CONTRACT FOR 10 6 EMERGENC ES ~ '. CONSTRUCTION 10.~.1 --In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or The American Institute of Architects · .~ . .,, ,, - ; ~ 1735 New York Avenue N.W. · extension of time daimed by the Contractor on account of an emergency, shall be determined'as provided in Paragraph 4-3 and Article 7. · 'MA DOCUMENT A201-1997 of Architects 1735 New York Avenue. N.W. Washington. D.C. 20006-5292 ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY iNSURANCE 11.1.1 The Contractor shall purchase fi-om and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor fi-om claims set forth below which may arise out of or result fi-om the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontract'or or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .i claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; -~ claims for damages becanse of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .$ claims for damages insured by usual personal injury liability coverage; .s claims for damages, other than to the Work itsetf, becauseofinjurytoordestructionof tangible property, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of o~tnership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; and .s claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. 11.1.2 The insurance required by Subparagraph ~x.l.1 shall be written for not less than limits of liability specified ha the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prio/' to commencement of the Work. These certificates and the insurance policies required by this Paragraph ll.~ shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any, of the foregoing insurance coverages are requital't0" remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment a~ required by Subparagraph 9.~o.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE !1.2.1 The C)~ner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. 11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE ~" 11.3.1 Optionally, the Owner may require the Contractor to purchase and maintain Pro~ect Management Protective Liability insurance from the Contractor's usual sources as primary coverage for the Owner's, Contractor's and Architect's vicarious liability for construction operations under the Contract. Llnless otherwise required by the Contract Documents, the O~vner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage, and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Ownen The minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability Insurance under Clauses ll.I.L2 through n.~.l.5. II.~t.2 To the extent damages are covered by Project Management Protective Liability insurance, Lhe Owner, Contractor and Architect waive all rights against each other for damages, except such rights as they may have to the proceeds of such insurance. The policy shall provide for such waivers of subrogation by endorsement or otherwise. 11.3.3 The Owner shall not require the Contractor to include the Owner, Architect or other persons or entities as additional insureds on the Contractor's Liability Insurance coverage under Paragraph 11.4 PROPERTY INSURANCE 11.4.1 Unless othenvise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the iurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.m or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph n.4 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Prolect. 11.4.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. 11.4.1.l If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the C~rner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor. Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable~ c~s properly attributable thereto. 11.4.1/I If the property insurance requires d~ductibles, the Owner shall pay costs not covered because of such deductibles. -, AIA DO~Uf4ENT A201-1997 H.~kl.4 This property insurance shall cover ~ortions of the Work stored off the site, and also G£NERA[ CONOmONS portions of the Work in transit. - OF THE CONTRACT FOR ~ 'i CONSTRUCTION 11.4.1.S Partial occupancy or use in accordance with Paragraph ~-9 shall not commence until the The American Institute insurance company or companies providing property insurance have consented to such partial of Architects ~'.- ' .... I 1735 New York Avenue N.W. ' ~ Washington DC 2000~-5Z)2 AL& DOCUMENT AaOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 173S New York Avenue, N.W. Washinston, D.C. 20006-5292 occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, w~thout mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4.2 Boiler and Maehi,~ery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured obieca during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.4.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. 11.4.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. tl.4.S If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate fi'om those insuring the Proiect, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph n.4-7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.4.6 Before an ~posure to loss may occur, the Owner shall file with the Contractor a coW of each policy that includes insurance coverages required by this Paragraph ~z4- Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 3o days' prior x~itten notice has been given to the Contractor. 11.4.7 Waivers of Subrogation. The Owner and Contractor wai?~?~l~ fights against (a) each other and any of their subcontractors, sub-subcontractors, agents and e'~l~i~eas, each of tile other, a~d (a) the Architect, Architect's consultants, separate contractors des~d in Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employ~S~ for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Paragraph n.4 or other property insurance applicable to the Work, ~ such rights as theyl~ave to proceeds of such insurance held by the Owner as fiducmty. The O~er or Contractor, as appropriate, shall m:luire of the Architect, Architect's consultants, ~te contractors desCribed in Article 6, if any, and the subconixactors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar v~ivers each in favor of other parties-enumerated herein. The policies shall provide such waivers of subrogation by endorsement or othexweise. A waiver of subrogation Shall be effective as to a person or entity even though that person or entity would otherwise have a duty'°f indemni'~'~; tion, contractual or otherwise, did not pay the insurance premium directly or indirectly, ~d whether or not the person or entity had an insurable interest in the property damaged. WARNING: Unlkensed photocopyln8 vlc~fes UJ. coplfflsht laws arid will sub~t the vlolalor to 11.4.8 A loss insured under Owner's property imurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph x~.4ao. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, ~hall require Subcontractors to make payments to their Sub-subcontractors in similar ntalmer. .11.4.9- If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of m:lnired bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4~6. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. 11.4.10 The Owner as fiduciary shall have power to adjust and settie a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved as provided in Paragraphs 4-5 and 4~6. The Owner as fiduciary shall, in the case of arbitration, make settlement with insurers in accordance with directions of the arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.5 PERFORMANCE BOND AND PAYMENT BOND 11.S.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Doctmaents on the date of execution of the Contract. . / 11.5.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds coverfng payment of obligations arising tmde~ the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a colby to be made. !' ARTICL£12 UNCOVERING AND CORRECTION OFWORK 12.1 ~d~ UNCOVERING OF WORK 12.1.1 Ifa portion of the Work is covered contr .a_,.~-~.~ ~.~e~chitect's request or to requirements specifically expressed in the Contract Documents~ ~f required in writin~ by the Architect, be uncovered for the Architect s examination and ~laced at the Contractor's expense w~thout . change in the Contract Time. ~. 12.1.2 ~If a portion of the Work has been ~ch the Architect has not spedfically requested to examine prior to its'being cove~, ~-~'~.tect may request to see such Work and it sh~ll be uncovered by the Contractor. ~f 's~l~'~orl~ is in accordance with the Contract Documents, costs of uncovering and replace.,m, ent shall, by appropriate Change Order, be at the Owner's e.xpense. If such Work is n~t in acd~ance with the Contract Documents, correction shall be at the Contractor's expense unless th~ ~"hgSdition was caused by the Owner or a separate contractor m which event the O~rner shall beresponsible for payment of such costs AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION T~e American Institute of Architects 1735 New York Avenue, N.~L Washinston, D.C 2OOO6-S292 AIA DOCUMENT ;t201-lg97 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION of Architects 1735 New York Avenue, N.W. Weshinston, D.C. 20006-5292 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered b.efore or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligations under Paragraph 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Subparagraph 9.9a, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Paragraph 12.2.2.2The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by. the period of time between Substantial Completion and the actual performance of the Work. 12.2.2.3The one-year period for correction of Work shall not be e.~ended by corrective Work performed by, the Contractor pursuant to this Paragraph 12.2.3 The Contractor shall remove fi.om the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the owner. 12.2.4 The Contracto~ shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. ~ ' 12.2.5 Nothing contained in this Paragraph m.a shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period for cor~ction of Work as described in Subparagraph m.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligatio:ps other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK ~-~ 12.3.1 I£ the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and corre~n,' in which case the Contract sum will be reduced as appropriate and equitable. Such adjus?aeiit shall be effected whether or not final payment has been made. WAI~IIN~: Unlicensed phota~n8 violates U-~, ~pyt~ht laws and will ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respective ,ly bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal ? representatives of such other party in respect to covenants, agreements and obligations contained m the Contract Documents. Except as provaded m Subparagraph 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment withont such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to an institutional lender providing construction financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail tO the last business address known to the paity giving notice. 3.4 RIG.rs AND RE EO S 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action, or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a tight or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed In writing. 13.5 TESTS AND INsPEcTIONS 13.5.1 Tests, inspecti°ns and approvals Of portions of the Work required by the Contract jurisdiction shall be made at an appropriate time. Unte~s ~erwise provided the Contractor shall make arrangements for.such tests, mspect~ons~imd _approvals with an Independent testing laboratory or entity acceptable to the Owner, ot ~__~. {he appropnate pubhc anthonty, and shall bear all related costs Of tests, inspections and. approvals. The Contractor shall give the Architect timely notice of when..and where tests and i~s~n~.~? to be made so that the Architect may be present for such procedures. The Owne? 'sh~ ~'~.nsts of tests, inspections or approvals w ch do not become .q ' ments a or nego.auons concluded. 13.$.2 If the Architect, Owner or public afl,ti?titles having jurisdiction detarmine that portions of the Work reqmre additional testing, ~9~:or approval not ~ncluded under Subparagraph :3.5a, the Ar_ chitect iL, ill, upon written autho~9"~fi from the Owner, instruct the Contractor to make arrangements for s, uch addiuonal testmg~"~speeaon or approval by an enmy acceptable to ~.~:.~,~,. *:. the Owner, and the Contractor shall gxva tunely hOraCe to the Mchitect of when and where tests and mspechons are to be made so that the Architect may be present for such procedures Such ' ~..o~._., eXcept as prOvided in SubparagraPh 13.~.3, shall be at the Owners expense AIA DOCUMENT A201-1~7 GENERAL CONDITIONS OF TNE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washinston, D.C. 20006-5292 AIA DOCUMENT AaO~$gg7 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washinston, D.C. 20006-5292 13.S.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and z3.5.a reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required b.v the Contract Documents, be secured by the 'Contractor and promptly delivered to the ,-krchitect. · 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.S.$ Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest ~'om the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereo~ at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 AS between the Owner and Contractor: .1 Before Substanti~ Completion. As to acts or failures to act occurr~g prior to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion: .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .s After Final Gertheicate for Payment. As to acts or failures to a~t occur'drag after the relevant date o£ issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to nm and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date.gl any act or failure to the Contractor pursuant to any Warranty pmvaded under ,P~ graph 3.5, the'date of any correction of the Work or failure to correct the Work b)~th~ontractor under Paragraph - ~2.2, or the date o£ actual commission or' any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT -' ~- ~,,';/' -*~*,. ,~* 14.1 TERMINATION BY THE CONTRACTOR ~'~::~- - 14.1.1 The Contractor may terminate thc Contract i~ the Work is stopped for a ]~'~od o~ 30 secutlve days flu*ou~ no act: or £a~t of the Contractor or a Subeontracto~ ~ub-anbeontract6~r their agents or employees or any other persons or entities performing portions ~f the ~'ork under direct or indirect contract with the Contractor, for any of the following reasons: ~'"' a issuance of an order of a court or other public authority having jurisdiction' ~rl~ch -/ requires all Work to be stopped; . 2an act of government, such as a declaration of national emergency which requi_'~ Work to be stopped; ~... WARNING: unlicensed photocopyln8 vtobms U.S. copyrlsht Saws and wilt subJecS the vlalator to lesal prosecution. because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4a, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or the Owner has failed to furnish to the Contractor promptly, upon the Contract6r's request, reasonable evidence as required by Subparagraph z2a. -14.1.2 'The Contractor may terminate the Contract if, through no act or fault of the Contractor Or a Subcontractor, Sub-subcontractor or their agents or employees or any other persom or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Paragraph ~4-3 constitute in the aggregate more than ~oo percent of the total number of days scheduled for completion, or z2o days in any 365-day period, whichever is less. 14.1.3 If one of the reasons described in Subparagraph ~44.t or u.z.2 exists, the Contractor may, upon seven days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.4 If the Work is stopped for a period of 6o consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress o£the Work. the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph ~1.3. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate thc Contract if the Contractor: t persistently or repeatedly re~es or fails to supply enough properly skil]ed workers or -'~ proper materials; .2 tails to make payment to Subcontractors for materials or labor in accordance with the -. respective agreements between the Contractor and the Subcontractors; .~ pers/stenfly disregards laws, ordinances, or niles, regulations or orders of a public authority having jurisdiction; or ~?. .~ otherwise is guilty of substantial breach of a pro, sion of the Contract Documents. .14.1'2 When any of the above reasons edst, the C~m.~,er, !lpon certification by the Architect that sufficaent cause easts to lnslafy such action, ma);..~'~kithout preludice to any other rights or :'~. remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven ~. _.days written noUce, termxnate employment of the Contractor and may, sublect to any prior nghts , ~'~- ':'~'ofthesurety: "' .t take possession of the site and of all fii~als, equipment, tools, and construction :~ .~.-~. eqmpment and machinery thereon owneff~vy the Contractor;, ~ ~'~' .. a accept assignment of subcontractS~pursuant to Paragraph 54; and .~ ~ ~ . -~ ~ fimsh the Work by whatever reasonable lllethod the Owner may deem exped~ent. Upon ~' ~ ~, ;/ - ' request o~' the Contractor, the Ow~.~)shal] furnish to the Gontractor a detailed / t' '.'::[; "~C- account~ng of the costs mcurred by the Owner m finlshing the Work. '/ - 43" ':-; .7';' . :' . / i~'!-?-' ..:-.~14.23 ~When the Owner terminates the Contract for one of the reasons stated m ~*'f' ':':-' St~bpar:agraph ~4.2.~, the Contractor shall not be entitled to receive further payment until the Work '~' M.;ls finished. -~" - AIA DOCUMENT A2Cq-1997 6[NERAL CONDITIOH$ OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington. D.C. 20006-5292 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including co.mpensatlon for the Architect's services and expenses made necessary thereby., and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the dif- ference to the Owner. The amount to be paid to the Contractor or Owffer, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. 14.~ SUSPENSION BY THE OWNER FOR CONVENIENCE 143.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or inter- rapt the Work in whole or in part for such period of time as the Owner may determine. 14.1.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph ~4.3a. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: a that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. ~.4.2 Upon receipt of written notice [tom the Owner ~f such termination for the Owner's convenience, the Contractor shall: a cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and a except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ~" AIA DOCUMENT A201-1997 GENERAl. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION of Architects 1~5 New York Avenue, N.W. Washinston, D.C. 20006-5292 WARNIN~ Unlicepsed pholocolrfin8 vlobtes UJ. copyrl~ laws iKd will subject ~ne violator ~0 legal pm ~):;r: . I gllllllllllllllglllllll! Performance Bond Bond No.: 0365844 Contractor (Name and Address) BSA Corporation 9 N.E. 2nd Street Delray Beach, FL 33444 Owner (Name and Address) Delray Beach Public Library Association, Inc. 29 S.E. 4th Avenue Delray Beach, FL 33483 Surety (Name and Principal Place of Business) International Fidelity Insurance Company,' One Newark Center, 20th Floor Newark, NJ 07102 CONSTRUCTION CONTRACT Date: December 1, 2003 Amount: Seven Million Ninety Six Thousand Two Hundred Seventy Eight and XX/100 Dollars ($7,096,278.00) Description (Name and Location): Delray Beach Public Libraryl00 W. Atlantic Avenue, Delray Beach, FL 33444 BOND Date: (Not Earlier than Construction Contract Date): July 1, 2004 Amount: Seven Million Ninety Six Thousand Two Hundred Seventy Eight and XX/100 Dollars ($7,096,278.00) ~]None I--]See Page 3 SURETY Company: ~.~ r-. ~. (Corporate Seal) Inte~n~/FideH~,~rance Company N~ Ti~I¢: Shawn A. B~rton. Attorney-In-Fact and Florida Resident Agent Modifications to this Bond: ~::" CONT~CTORq~S PRINCIPAL ~.~ ,," Comps/~y! , ~ (Corporate Seal) '? f' . BS~o~ation ~ ~ . (~y ad~fion~ si~es appe~ on page 3) (FOR INFORMATION ONLY-Name, Address and Telephone) Agent or Broker Brown & Brown, Inc. P.O. Box 5727 Ft. Lauderdale, FL 33310-5727 1. Thc Conlractor and thc Surcty, jointly and severally, bind thcr~clve~, their hcirs, executors, administrators, successors and Owner's Representative (Architect or Engineer) Perk/ns & Will 999 Ponce de Leon Blvd., Ste. 915 Coral Gables, FL 33134 5. If Ibc Surety do~s not proceed as provided in Paragraph 4 with r~asonable promptness, Ibc Surety shall be dsemed to b~ in default 1 ~algns to the Ovmer for the performanc~ of the Conatmchon ConUaat, which is incorporated herein by reference. 2. If the Contractor performs the Comlmction Conlract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1 3. If there is no Owner I~fimlt, the Surety's obligation under this Bond shal{ arise after: 3.1 The Owner hm notified thc Contractor md the Surety at itt addreas described in paragraph 10 below that thc Owner is considering declaring a Contractor Default and has requested and attempted to arrange a confe--nmce with thc Contractor and the Surety to bo bold not later than fifteen days after receipt of such notice to discuss methods of performing the Construction contract. If the Owner, thc Contractor and the Surety agree, thc Contractor shall be allowed a reasonable time to perform thc Conslnlction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's fight to complete the contract. Such Contractor Default shift] not be declared earlier than twenty days al%r the Contractor and the surety have received notice as provided in Subparagraph 3.1 and 4. When the Ovmer hm satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with the consent of the Owner, to pcrform and complete the Construction Conlxact; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construchon ConWact, arrange for a contract to be prepared for execution by the Owner and the con. actor selected with the Owner's concurrence, to be sccu~d with p¢fformanc~ and payment bonds executed by a qualified surety equivalent to the bond~ issued on the Con~uctinn ConUact, and pay to the Owner the amount of damages as described in Paragraph 6 in ~xcess of the Balance of the Con~-act Price incur/ed by the Owna' resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable prompmess under the alr~umstances; .1 A~er investigation, detennthe the mount for which it may be liable to the Owner and, as soon as practicable afl. er the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in pan and notify the Owner citing reasons therefor. on this Bond fifu:en days a~er receipt of an additional writttn notice from the Owner to the Surety demanding that thc Surety perform itt obligations under thh Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refmgs the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. ARer the Ovmer has terminated the Contractor's fight to complete thc Conslr~ction Con/tact, and if the Surety deers to act under Subparagraph 4.1, 4.2, or 4.3 above, then the rasponsthiilfies of the Surety to the Owner shall not be greater than those of the Conlractor under the Consh'uction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the construction Contract. To the limit of the amount of this Bond, but subject to commimlent by the Owner of the Balance of the Contract Price to mitigation of costt and damages on the construction Contract, the surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for cor~ction of defective work and complete of the Construction Contract; 6.2 Additional legal, design, professional and delay costs resulting om Contractor s Default, and resulting from thc actmns or fadure to act of the Surety under paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages ar~ specified in the Construction Contract, actaal damages caused by delayed performance or non-performance of the contractor. 7. The surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligation& Not fight of action shall accrue on this bond to any person or entity other than the Owner or itt heirs, ex~cutors, administrators or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years ai~er Contractor Default or within two years al~ the Contractor ceased working or within two years alter the Surety refoses or fails to perform itt obligations under this Bond, whichever occurs first. If the provisinm of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jufisdietion of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this bond has been furnished to comply with a statutory or otfier legal r~quiremeut in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be conatmed as a statutory bond and not as a common law bend. 2 12. DEFI~fflONS 12.1 Balance of the Contract Pile. c: The total amount payable by the Owner to the Contractor under the Construction ConU'nct after all prol~r adjustments have b~m made, including allowance to the Comractor of any mounts ~cceived or to be received by thc Owner in seRIcmcnt of insurance or other claims for damages to which thc Contractor is entitled, r~duced by all valid and proper paym~ts made to or on behalf of the Contractor under thc Construction Comract 12.2 Consmiction Contact: The agn~*mcnt between gtc Owner and thc Contractor identified on thc sigantorc page, including all Contract Doanmcnts and changes thereto. 12.3 Contractor D~fault: Failur~ of tbe Conixa~tor, which hm n¢{ther be~n remedied nor waived, to p~tform or otherwise to comply with the torres of the Cons~uction Con~'ac~ 12.4 Owner I~thult: Failure oftbe Owner, which ha~ ncithcr been r~rnedicd nor waived, to pay the Contra~or a~ r~qui~l by the Construction Contract or to por~orm and complete or comply with thc other terms thcr~o£ MODIFICATION TO THIS BOND ARE AS FOLLOWS: NONE (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: BSA Corporation (Corporate Seal) SUI~ETY Company: (Corporate Seal) International Fidelity Insurance Company B~: N/A By: N/A Name and TMc: Address: Name and Title: Shawn A. Burton, Attorney-In-Fact Address: and Florida Resident Agent 3 Conditional Payment Bond Bond No.: 0365844 Contractor (Name and Address) BSA Corporation 9 N.E. 2nd Street Delray Beach, FL 33444 Surety (Name and Principal Place of Business) International Fidelity Insurance Company One Newark Center, 20th Floor Newark, NJ 07102 Owner: (Name and Address) De[ray Beach Public Library Association, Inc. 29 S.E. 4th Avenue De[ray Beach, FL 33483 THIS BOND ONLY COVERS CLAIMS OF SUBCONTRACTORS, SUB-SUBCONTRACTORS, SUPPLIERS, AND LABORERS TO THE EXTENT THE CONTRACTOR HAS BEEN PAID FOR THE LABOR SERVICES, OR MATERIALS PROVIDED BY SUCH PERSONS. THIS BOND DOES NOT PRECLUDE YOU FROM SERVING A NOTICE TO OWNER OR FILING A CLAIM OF LIEN ON THIS PROJECT. CONSTRUCTION CONTRACT Date: December 1, 2003 Amount: Seven Million Ninety Six Thousand Two Hundred Seventy Eight and XX/100 Dollars ($7,096,278.00) Description (Name and Location): De[ray Beach Public Libraryl00 W. Atlantic Avenue, De[ray Beach, FL 33444 BOND Date:(Not earlier than Construction Contract Date: July 1, 2004 Amount: Seven Million Ninety Six Thousand Two Hundred Seventy Eight and XX/100 Dollars ($7,096,278.00) Modifications to this Bond: [--]None [~See Page 6 :4)NTRACTOR~S PRINCIPAL (Corporate Seal) ~y additxonal sxgnatures appear on page 6) SURETY Company:.. ~ Corporate Seal) Inte~al F~li~Insurance Company By:/...~-~t~- ~-~-~ ~-~ ~¢ & Title: Shaw~A. Burton, Attorney-In-Fact and Florida Resident Agent (FOt~,.RqFO~I'JON ONLY-Name, Address and Telephone) :K~,c~,or Br, o~er Bro~ ~Bro~ ~c. P.O. Box 5727 Ft. Lauderd~e, ~ 33310-5727 Owner's Representative (Archit~t or Engineer) Perkins & Will 999 Ponce de Leon Blvd., Ste. 915 Coral Gables, FL 33134 4 I The ConUactor and fOe Surety, jointly and severally, bind 2 WifO respect to the Owner, fOis obligation shall be null and void if 2.1 Promptly makes payment, direotly or indirectly, for all sums du~ Claimants, and 2.2 D~fende, indemnifies and holds hannless fOc Owner from claims, demands, lie~s or suits by any person or entfly whose claim, demand, lien or suit is for the payment for labor, materials or equipmmt furnished for the use in the performance of the Conatmctlon Contract provided thc Owner has promptly notified the Contraator and the Surety. (a~ the addecss descrthcd in paragraph 12) o£any claims, demands, lic~s or suit~ to thc Comractor and the stooD', and provided there is no O~ner D~fauR. 3 WifO respecl to Claimants, this obligation shall be null and void if fOe Conlractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this bond until: 4.1 Claimants who arc cmploycd by or have a direct contract with the Contractor have given notice to the surety (at thc address described in Paragraph 12) and sent a copy, or notice thcrcof, to the Owner, stating that a claim is being made under fois Bond and, wifo substantial accuracy, thc amount of the claim. 4.2 Claimants who do not have a direct contract with foe Contractor: .1 Have fOmished written notice to fOc Contra~or and sent a copy, or notl~ fOereof, to the Owner, wifOin 90 days after having last performed labor or last furnished materials or cquipmcnt included in fOe claim stating, wi fo substantial accuracy, fOe amount of fOe cinim and fOc name of the party to whom thc materials were furnished or supplied or for whom fOe labor was done or performed; and 2 Have either received a rejection in whole or in part f~om fOe Contractor, or not rgcaived within 30 days of furnishing fOc abovc notice any communication from thc Contxactor by which the Contractor has indicated thc claim will be paid directly or indirectly;, and 3 Not having linen paid wifoin fOe above 30 day~, have sent a written notice to fOc surety (at thc addr~;s described in P~h 12) and sent a copy, or notice then:o/; to the Owner, stating fOat a claim is being made under this Bond and enclosing a copy of foe pr~viou~ written notice furnished to fOe Contractor. 5 If a nnticc by Parag~ph 4 is given by fOe Owner to the Contractor or to the Surly, fOnt is sufficient compliance. 6 When fOc Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the fugowing actiom: 6.1 Send an answer to foc Claimant, with a copy to foc Owner, within 45 days afl-er receipt of foe claim, s~ating the amounts font undisputed and foe basis for challenging any amounts font are disputed. 6.2 Pay. or arrange for payment of any undisputed amounts. 7 Thc Surmy's total obligation shall not exceed thc mount of fois Bond, and the amount of this Bond shall be credited for any payments made in good faith by foc Surety. 8 Amounts owed by the Owner to the Contractor under foc Construction Contract shall be used for fOe performance of the ComU~ction Contract and to satisfy claims, if any, under any Construction Performance Bond. By fOc Contractor ftunishing and the Owner accepting this Bond, fOey agree fOnt all funds earned by fOe Contractor in the performance of foe Construction Contract ar~ dedisated to satisfy obligatiom of the Contractor and the S~ under this Bond, subject to the Owner's priotity to use the funds for fOe completion of the work. 9 Thc Sur~,.' shall not be liable to fOe Owner, Claimants or others for obllgafiom of the Contractor thai are unrelated to the 10 Thc Surety hereby waives notice of any change, including changes of tlmc, to the Constracfion Contract or ~o related subeonu'acts, purchase orders and other obligations. 11 No suit or action shall bc conunenced by a Claimant under this Bond other than in a court of competent j urisdiction in the location in which thc work or part of thc work is located or after thc expiration of one year fi-om the date (l) on which thc Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2} on which the last labor or sawice w~s performed by anyone or the las~ materials or equipment were thmished by anyone under the Construction Contract, whichever of(l) or (2) first occurs, if foe provisinm oftMs Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice w thc surety, the Owner or fOe Contractor shall bc mailed or delivered to the address shown on the signature page. Actual receipt of notice by surety, thc Owner or thc Contractor, however accomplished, shall bc sufflcicnt compliance a~ of foe date received at thc address shown on thc signature pagc. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in fOe location where thc construction was to be performed, any provision in this Bond coMlintlng with said stsrawry or legal requirement shall be deemed deleted hcrefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that fOis Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon receipt by any person or entity appearing to be a potential beneficiary of fois Bond, fOe Contractor shall promptly furnish a copy of foi~ Bond or shall permit a copy to be made. 15 D EFLNTFIONS 15.1 Claima~: an individual or entity having a direct contract wifO fOc Contractor or with a subcontsactor of the Contractor to furnish labor, materials or equipment for use in fOe performance of fOe ConU~aec The intent of&is Bond shall b~ to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, bea~ oil, gasoline, telephone service or rental equipment used in thc ConsUucfion Cont~ac~ architeatund and engin~ring services required for pcrformancc of the work of thc Conffactor and the Contractor's subcontractors, and all other itoms for which a mechanic's licn may bc asscrted in thc jurisdiction where thc labor, materials or equipment were furnished. 15.2 ConsC,'uction Contract: The agreem~ut between the Owaer and thc Contractor identified on the signature page, including all Contract Document~ and changes thereto. 15.3 Owner Default: Failure of thc Owner, which h~s neither be~n remedied nor waived, to pay the ConWactor as required by thc ComWaction Contract or to p~rform and complete or comply with thc other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: THIS BOND H~REBY IS AMENDED SO THAT THE PROVISIONS AND LIMITATIONS OF SECTION 713.245, FLORIDA STATUTES, ARE INCORPORATED IiEREIN BY REFERENCE. (Space is provided below for additional algnatur~ of added pa~i~s, other than those ~ppearing on the eov~ page.) CONTRA. ~TOR AS P~NCIPAL C°mpanY:/V I / (Corporate Seal) BSA ~r~ra tio~n SURETY Company:. (Corporate Seal) Internat~F~ id~urance Company By. ,/ ~ ./~ Na.~pe~and 'l~e: ShaW~A. Burton, Attorney-In-Fact A~ddr~ss: and Florida Rezident Agent 6 Request to be placed on: X Consent Agenda When: 08-034)4 AGENDAITEM NUMBER: AGENDA REQUEST Date: 07-284)4 Special Agenda Workshop Agenda Description of agenda item: Approval of the new Library construction contract with BSA Corporation in the amount of $7,096.278 along with Change Order No. I in the amount of $43,946 for a total cost of $7,140,224. The Library conducted formal bid proceedings and selected BSA. Funding is available in Account Number 334-3552-571-62.10. The City of Delray Beach will be responsible, per State grant requirements, to issue a Purchase Order for this project since all labor and material costs will be paid for by the City. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES NO X YES NO Recommendation: Approval is recommended by Finance Director and Library Director. F~ DepertmantHesdSignature: '"~ _~~¥ ~'~t4~r~ Determination of Consistency with Comprehensive Plan: N/A City Attorney Review/Recommendation (if applicable): N/A Budget Director Review (required on all Items involving expenditure of funds): Funding available: Yes X .~ No Funding altematives (if applicable): Account Number. Account Description: Account Balance: City Manager Review: Approved for Agenda: (~ v Hold Until: Agenda Coordinator Review: Received: Action: Approved: No ECEIVIED Disapprov~JT¥ CLERK TO: THRU: FROM: SUBJECT: PAUL DORL1NG, DIRECTOR O,~t'ANNING AND ZONING S C O TTD. P APE, SENI O R PL ANNE MEETING OF AUGUST 3, 2004 CONDITIONAL USE REQUEST FOR A MIXED USE DEVELOPMENT (LINDELL SQUARE) WITH A DENSITY OF 15.99 DWELLING UNITS PER ACRE LOCATED AT THE NORTHWEST CORNER OF FEDERAL HIGHWAY AND LINDELL BOULEVARD. The subject property has been aggregated from portions of several subdivisions that include Dei-Raton Park, Tropic Palm, and Tropic Gardens. The aggregated properties contain 7.13 acres. The property contains seven single family residences that were constructed between 1950 and 1960; a 5,318 square foot auto repair facility (Certified Auto Repair) that was constructed in 1963; and, a mobile home park that was established in 1955 and an associated 1,224 square foot office. The property is located within Redevelopment Area No. 6 (Lindell/Federal Redevelopment Area) and is subject to the adopted redevelopment plan for this area. The redevelopment plan was approved by the City Commission on September 19, 2000 (Ordinance No. 22-00). The Redevelopment Plan allows a density up to 16 dwelling units per acre as a conditional use based on the development's ability to comply with specific criteria and performance standards of the Land Development Regulations (LDRs). A conditional use application has been submitted to establish a mixed use development consisting of 114 multiple family dwelling units (15.99 dwelling units per acre) and 23,000 square feet of commercial floor area and will involve the aggregation of several properties. Additional background and an analysis of the Conditional Use request are found in the attached Planning and Zoning Board staff report. At its meeting of July 19, 2004, the Planning and Zoning Board held a public hearing in conjunction with the request and no one from the public spoke. The Board expressed concern regarding the drab color scheme of the proposed development. After discussing the proposal, the Board voted 5-1 (Borchardt dissenting, Peltze absent) to recommend approval of the mixed use development with a residential density of 15.99 dwelling units per acre based on positive finding with respect to Chapter 3 (Performance Standards), LDR Sections 2.4.5(E)(5)(Conditional Use Findings) and 4.4.6(I), Lindell/Federal Redevelopment Plan and the policies of the Comprehensive Plan, subject to the 9 conditions outlined on pages 19 & 20 of the attached Planning and Zoning staff report of July 19, 2004. Approve the conditional use request to allow a density of 15.99 dwelling units per acre for Lindell Square, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in LDR Sections 2.4.5(E)(5), 4.4.6(I), Lindell/Federal Redevelopment Plan, and Chapter 3 of the Land Development Regulations, subject to the conditions contained in the staff report. Attachment: P&Z Staff Report and Documentation of July 19, 2004 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 19, 2004 III.A. Conditional Use request for Lindell Square, a Proposed Mixed Use Development That Contains 114 Townhomes and Condominiums, to be Located at the Northwest Corner of Lindell Boulevard and South Federal Highway (U.S. 1) GENERAL DATA: Owner ............................. Dominic & Elizabeth landimarino and Certified Auto Repair Agent .............................. Weiner & Aronson, P.A. Applicant ......................... The Kahilt Corporation Location .......................... Northwest corner of Federal Highway and Lindell Boulevard Property Size .................. 7.13 acres Future Land Use Map ..... General Commercial Current Zoning ...............PC (Planned Commemial) Adjacent Zoning....North: AC (Automotive Commemial) East: South: West: Existing Land Use .......... Proposed Land Use ........ Water Service ................. Sewer Service ..... , .......... PC PC RM (Multiple Family Residential) and CD (Conservation District) Single Family Residential/Automotive Repair/Mobile Home Park Conditional Use Request for a proposed mixed use development that contains 114 towhouses and condominium with a density of 15.99 dwelling units per acre, with associated parking and landscaping. Available via connection to an existing 8" water main along Federal Highway. Available via connection to an existing 8" sewer main along Lindell Boulevard. III.A The action before the Board is making a recommendation to the City Commission on a conditional use request for Lindell Square to allow a multiple family development with a density of up to 16 dwelling units per acre [LDR Section 4.4.12(G)(2)], pursuant to LDR Section 2.4.5(E). The property is located at the northwest corner of South Federal Highway and Lindell Boulevard, within Redevelopment Area #6 (Lindell/Federal Redevelopment Area) and the PC (Planned Commercial) zoning district. The subject property has been aggregated from portions of several subdivisions that include DeI-Raton Park, Tropic Palm, and Tropic Gardens. The aggregated properties contain 7.13 acres. The property contains seven single family residences that were constructed between 1950 and 1960; a 5,318 square foot auto repair facility (Certified Auto Repair) that was constructed in 1963; and, a mobile home park that was established in 1955 with the construction of a 1,224 square foot office. The mobile home park and the single family homes along Old Dixie Highway were annexed to the City of Delray Beach in December 1988 as part of the annexations that were conducted pursuant to the Enclave Act (Enclave #52) and were assigned the SC (Specialized Commercial) zoning designation. The balance of the properties were developed under City jurisdiction. At that time the automotive repair facility and the parcel at the northwest corner of Federal Highway and Lindell Boulevard were currently zoned SC. The single family residences along Lindell Boulevard were zoned RM-10 (Multiple Family Residential - 10 units per acre). The properties were rezoned to PC (Planned Commercial) in 1990 as part of the citywide rezoning and adoption of the Land Development Regulations. The property is located within Redevelopment Area No. 6 (Lindell/Federal Redevelopment Area) and is subject to the adopted redevelopment plan for this area. The redevelopment plan was approved by the City Commission on September 19, 2000 (Ordinance No. 22-00). The Redevelopment Plan allows a density up to 16 dwelling units per acre subject to a proposed development's ability to comply with specific criteria and performance standards of the Land Development Regulations (LDRs). An amendment to the LDRs allowed this increase in the density subject to conditional use approval. The Future Land Use Map (FLUM) was amended as part of the Comprehensive Plan amendment 2000-2 to change the land use designation of the property from RDA-6 to GC (General Commercial). An request was submitted to abandon Dixie Boulevard and Avenue "K" to accommodate redevelopment of the subject property. At its meeting of April 19, 2004, the Planning and Zoning Board recommended approval subject to conditions. City Commission action on the abandonment has not yet occurred. Planning and Zoning Board ""~ff Report Conditional Use Request fo /tdell Square Page 2 A conditional use application has been submitted for a 114-unit mixed use multiple family and commercial development, which is now before the Board for consideration. The conditional use request involves the establishment of a mixed-use (residential/commercial) development with a density of 15.99 dwelling units per acre. The conditional use application is required for the density associated with the multiple family portion of the development proposal. The development proposal involves the following: Construction of a total of 114 dwelling units (32 one, 52 two, and 30 three bedrooms) and 23,000 square feet of commercial (13,500 square feet of retail on the first floor and 9,500 square feet of office on the second floor). The residential component consists of 16 townhouse units with 2-bedroom units that contain between 1,720 square feet and 2,519 square feet; 14 townhouse units with 3- bedrooms that contain 2,413 square feet; 32 1-bedroom condominium units that contain between 700 square feet and 1,490 square feet; 44 2-bedroom condominium units that contain between 1,310 square feet and 1,850 square feet; and, 8 3-bedroom condominium units that contain 2,015 square feet; The residential portion of the development consists of 84 condominium units in 4 4-story buildings and 30 townhome units in four buildings. The 2-story townhouses (end units) contain 1-car garage and the 3-story townhouses contain 2-car garages. The commercial portion of the development is a 2-story structure and is located along the east side of the development; The property will be accessed by a common driveway (shared with Sherwood Honda) along Federal Highway and a driveway along Lindell Boulevard; Improvement of the southbound right tum lane along Federal Highway and installation of a right turn lane on Lindell Boulevard; Dedication of bus stop easements along Federal Highway and Lindell Boulevard; Installation of an extensive paver block pedestrian system throughout the property; The recreation facilities include a 675 square foot club room, pool, barbeque facilities, tot lot, and sport-court; and, Installation of associated landscaping and dumpster enclosure/waste management building. The applicant has submitted the following narrative that describes the conditional request and justification: Planning and Zoning Board "*~ff Report Conditional Use Request fo. ,~dell Square Page 3 "Establishment of a mixed-use development containing 120 residential units and 26,000 square feet of commercial. The proposal provides for elimination of all existing uses including the existing non-conforming trailer park as called for in the linde//Federal Redevelopment Plan. The proposed mixed use development will provide a complementary transitional use to the nearby communities and will provide additional consumer market to the surrounding commercial area.' REQUIRED FINDINGS {Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP (FLUM): 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 Future Land Use Map designation of GC (General Commemial) and a zoning designation of PC (Planned Commercial). The PC zoning district is consistent with the GC Future Land Use Map designation. Pursuant to LDR Section 4.4.12(G)(2), within the portion of the Redevelopment Area that is bounded by Dixie Highway on the west, the C-15 canal on the south, Federal Highway on the east, and Avenue K (extended) on the north, multiple family residential development with densities of up to 16 units per acre (15.99 proposed) is allowed as a conditional use, subject to the provisions of LDR Section 4.4.6 RM (Medium Density Residential) Zoning District, subsection (I), Performance Standards, and based upon the development's conformance with the applicable standards and criteria described within the adopted Redevelopment Plan. As discussed later in this report, positive findings can be made with respect to the applicable performance standards and criteria. Thus, positive findings can be made with respect to Future Land Use Map consistency. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Preliminary water and sewer plans have been submitted and the following is noted: Planning and Zoning Board ~-*1ff Report Conditional Use Request fo. hdell Square Page 4 Water service is available to the site via lateral connection to an existing 8" main along Federal Highway Sewer service is available to the site via lateral connection an existing 8" sewer main along Lindell Boulevard. Adequate fire suppression will be provided via the installation of 5 proposed fire hydrants located internal to the site. Additionally, there is an existing fire hydrant at the northeast corner of Old Dixie Highway and Lindell Boulevard. Pursuant to the City's 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 these levels of service standards. Streets and Traffic: The applicant provided a traffic impact study for the subject property, which indicates that the proposed development will generate a net total of 1,363 new average daily trips. The development results in 93 p.m. peak trips. The traffic impact study is based on 114 town house dwelling units, 9,500 square feet of general office and 13,500 square feet of specialty retail. A copy of the traffic study was submitted to the Palm Beach County Traffic Engineering Division for review with respect to concurrency. The County has responded to the applicant with a request for additional information that relates to technical issues that will not affect traffic generation. However, the County has suggested that the use of the specialty retail traffic generation be changed to general retail, which generates a greater volume of traffic. it is noted that the property is located in the Coastal Residential Exception Area, which exempts the residential component of the project from the County Traffic Performance Standards (concurrency). Staff anticipates that a finding of concurrency will be made by the County with respect to traffic generation by the nonresidential uses contained within the proposed development. A condition of approval is that a letter is provided by the Palm Beach County Traffic Division stating that the proposal complies with the County's traffic performance standards ordinance. During the site plan review process, the applicant must submit a revised traffic study to the County. Based upon the above, a positive finding with respect to this level-of-service standard can be made. Parks and Recreation Facilities: The Open Space and Recreation Element of the Comprehensive Plan indicates in it's conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $57,000 will be required of this development for parks and recreation purposes. Planning and Zoning Board ~' '~ff Report Conditional Use Request fo ;3dell Square Page 5 Solid Waste: Trash generated each year by the 30 townhouse units will be 59.7 tons (1.99 x 30). The trash generated by the 84 condominium units will be 43.68 tons per year (0.52 x 84). The trash generated each year by the 23,000 square foot shopping center will be 83.95 tons (23,000 x 7.3/2000 = 83.95). Per the Solid Waste Authority, the trash generated by this proposal can be accommodated by existing facilities. Therefore, a positive finding with respect to this level of service standard can be made. Drainage: Preliminary drainage plans were submitted which indicate that drainage will be accommodated via sheet flow to catch basins that will direct storm water to an exfiltration trench system and 6 retention areas. No problems are anticipated with providing adequate storm water retention on-site. Based on the above, positive findings with respect to this level of service standard can be made. School Concurrency: The application has been transmitted to the School District for their consideration. A finding of concurrency has been received from the School District of Palm Beach County. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 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 the following applicable objectives and policies that ara relevant to the Conditional Use application are noted: Future Land Use Element Objective A-I: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property contains several single family homes, an automotive repair facility and a mobile home park. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed mixed-use development. The development will be complimentary with the surrounding commercial and residential developments. The redevelopment plans calls for the aggregation of properties and the need to eliminate this particular mobile home park. Future Land Use Element Policy A-1.5 - As the City has an ample supply of housing designed to accommodate its seasonal and retirement population, new Planning and Zoning Board "'~lff Report Conditional Use Request fG ,hdell Square Page 6 residential developments shall be designed for a balanced demographic mix of permanent year-round residents. This shall be accomplished through the implementation of policies from Objective B-2 of the Housing Element. Housing Element Obiective B-2 - Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies which will implement this objective include: Housing Element Policy B-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The proposed 114-unit residential development provides a range of one, two and three bedroom units. While it does not include any four-bedroom units, it is noted that 26% of the units contain three bedrooms. It is also noted that the 3-story townhouses contain a living area on the first floor that could be utilized as a bedroom. The development has provided comprehensive recreational facilities for all ages. These facilities include a tot lot, sport court and swimming pool which will be attractive to families with children. Transportation Element Policy D-1.2 - The provision of a pedestrian system apart from the street as well as within rights-of-way shall be explored with the review of each development. Specific focus shall be given to access to waterways, to parks, between residential developments, and along access routes to schools including systems through developments. The development proposal provides an internal pedestrian system within the property. This system provides access to all areas of the development, including cross-access to the commercial portion of the development and the gazebos and to the external sidewalks along Federal Highway, Lindell Boulevard, and Old Dixie Highway. Transportation Element Policy D-2.2 - Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. Bicycle parking is provided at the club room and within the breezeway of the commercial building, therefore this policy has been addressed. Housing Obiective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Planning and Zoning Board -'afl Report Conditional Use Request f¢ ,hdell Square Page 7 Housing Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The project is located at the intersection of a city collector road (Lindell Boulevard) and a minor artedal road (Federal Highway). The surrounding uses are to the north automotive dealership (Sherwood Honda); a retail (Walgreen's) and apartment complex (Delray Bay) to the south; a gasoline station and shopping center to the east; and Leon Weekes Preserve and municipal drainage retention area to the west (across Old Dixie Highway and FEC Railroad rights-of-way). Nuisances generated by the proposed development such as noise, odors and dust will have an insignificant impact on nearby residential neighborhoods. With respect to traffic, the proposed mixed-use development will generate a significant amount of traffic onto the surrounding road network. As noted in the Concurrency section of this report, it is anticipated that the proposed development will meet the traffic level-of-service standard. However, there are concerns with respect to traffic flow adjacent to the subject property. There is currently a substandard turn-lane within the southbound Federal Highway right-of-way at Lindell Boulevard. The development will be responsible for improving this deceleration lane to current Florida Department of Transportation standards and is attached as a condition of approval. The site plan indicates that a turn lane is proposed into the development for the west bound traffic along Lindell Boulevard. These improvements should mitigate impacts on the adjacent roads. The development will provide bus stop easements along Federal Highway and Lindell Boulevard. Based on the above, a positive finding with respect to this policy can be made. LDR Section 4.4.6(I) (Performance Standards) Multiple family residential development located in the PC zoning district is subject to the standards of the RM zoning district (LDR Section 4.4.6). Pursuant to LDR Section 4.4.6(H)(1), a minimum density of six units per acre is established for duplex and multiple family housing projects within the RM zone district. Density may exceed the base of six (6) units per acre only after the approving body makes a finding that the project has substantially complied with performance standards as listed in 4.4.6(I). In addition, the adopted Lindell/Federal Redevelopment Plan allows a density up to 16 dwelling units per acre subject to specific criteria and the performance standards. The proposed density of the development proposal is 15.99 dwelling units per acre, which includes the residential and commercial portions of the property. In order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both intemal and external to the site. The extent to which a Planning and Zoning Board -';~ff Report Conditional Use Request f¢ ,ndell Square Page 8 project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exists into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. The conceptual plan provides two' driveways for access to the property. There is one driveway to Federal Highway and one along Lindell Boulevard. It is noted that the driveway to Federal Highway is a shared ddveway with Sherwood Honda. A cross-access easement will need to be provided with this property owner and is attached as a condition of approval. The internal street system is comprised of short segments and loops together with within the development at or below made that the conceptual plan standard. raised cress walks which will keep the speeds 20 miles per hour. Therefore, a finding can be substantially complies with this performance (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. The proposed development consists of two to three story townhomes along the south and north sides of the property together with four story condominiums that are located primarily internal to the site with one condominium located along the west side of the property adjacent to Old Dixie Highway. The commercial portion of the development is a two story structure that is located along the east side of the property and is setback 92' 4" from Federal Highway. The buildings are situated to provide views to the interior of the development and a feeling of open space. The townhomes along the south side of the property and the condominium along the west side of the property are situated in the neo-traditional manner with the fronts of the buildings facing the public right-of-way and the garages situated to the interior of the development. The third floors of the townhomes are set back from the front fa(;ade of the building 7' to 10'. The design of the buildings will lessen the massing of the development and will be aesthetically pleasing. Thus, the project substantially complies with this standard. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required_minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at Planning and Zoning Board Conditional Use Request fc Page 9 ~nff Report dell Square time of planting by 25%_or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The subject property does not have any residential zoning districts immediately adjacent to it. Consequently, this performance standard does not apply. (d)The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The architectural style of the building is an eclectic interpretation of contemporary design. Townhomes: The townhomes include hip, gable, and flat roofs. The third floor contains a hip roofed loggia together with gable roof features that have a galvanized standing seam metal roof. The balconies on the second and third floor have galvanized cable railing. The third story is set back from the plane of first and second floors. A standing seam metal awning is proposed for the front doors of these units. The front doors are decorative multi-plane windows with multi-pane side lights. French doors have been provided in-lieu of sliding glass doors for the patios and the balconies. The front doors and French doors are blue tinted in wood frames. A decorative wood trellis has been provided above the roof of the two-story end units and at the end of the townhouses. The rear elevations are much the same as the front fa(}ade except that the third story is on the same plane as the first and second floors. The garages are multi-panel doors with glass window inserts. Decorative wall mounted light fixtures have been provided between the garage doors. Decorative medallions have been provided on the ends of the townhouses and underneath the gable roofs. Standing galvanized finish seam metal awnings have been provided for selected garages. Cementitious siding has been provided in the recess areas such as the balconies and in the area at the ends of the units. In order to further the streetscape it would be appropriate to provide a railing system similar to the cable railing on the balconies for the front entrance area. This would enhance this area and create a front "porch" for each unit and is attached as a condition of approval. The color scheme of the townhomes is slightly different than the condos and commercial building which are very similar. The metal roofs of the townhomes will be a light brown. The columns will be painted dark beige and the primary wall color will be light yellow. The fascia of the balconies will be off-white. Condominiums: The condominiums have similar architectural features to the townhomes with respect to the roof lines (i.e. gables, fiat and hip roofs). The gable and hip roofs will have a Planning and Zoning Board ~ff Report Conditional Use Request fo. ,~dell Square Page 10 standing seam metal roof with a light blue color. The condominiums have "port holes", decorative medallions, and metal cable railings. The recesses will have fibre cement board siding. A portion of the first floors contain a covered parking area. The unit that is adjacent to Old Dixie Highway should have a similar treatment to the townhomes with respect to a front door. The sliding glass doors on the first story should be changed to a front door with side lights and French doors together with a horizontal cable railing to match the balconies and is attached as a condition of approval. The primary wall color of the building will be light beige. The recesses will be light green. The fascia will be off white. Commercial: The commercial structure includes the hip roof feature noted in the condominium and townhomes. The remainder of the roof line will be a fiat roof with a raised parapet and a standard parapet. This structure also contains the "port hole" windows noted on the residential structures. The front fa(~ade has a unique angled column for the colonnade. The primary wall color is light yellow. The columns will dark beige. The fascia will be light green. The trim and parapet will be off-white. Finally, the standing seam metal roof will be light brown. The development will offer a varied streetscape and building design. The facades of the multi-family structures have been offset. The elevations provide varying roof heights and architectural elements. Based upon the above analysis, the development substantially complies with this standard subject to the conditions of approval. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The conceptual plan provides the following unit types: , Qua~!~Z 8 2 Bedrooms 1,720 14 3 Bedrooms 2,413 8 2 Bedrooms 2,259 8 2 Bedrooms 1,850 8 3 Bedrooms 2,015 4 2 Bedrooms 1,435 8 1 Bedroom 935 12 1 Bedroom 700 Planning and Zoning Board ' Iff Report Conditional Use Request fo, ~dell Square Page 11 4 1 Bedroom 760 8 1 Bedroom 1,490 8 2 Bedrooms 1,570 4 2 Bedrooms 1,730 8 2 Bedrooms 1,680 8 2 Bedrooms 1,310 4 2 Bedrooms 1,340 The table noted above indicates that a mix of one, two, and three bedroom units will be provided. A variety of floor plans are provided in a wide range of unit sizes and types. As noted previously, the proposed development does not provide a four bedroom unit. While, the requirement for a four bedroom unit does not apply to the multiple family development, the room on the first floor of the 3-story townhouses can be utilized as a bedroom if desired. Pursuant to Housing Element Policy B-2.2, new housing developments are required to provide three and four bedroom units in order to accommodate households having a range ages, especially families with children. Due to the recreational facilities provided and the wide range of floor plans available in townhome and condominium units the development will be family "friendly" and consequently the development fully complies with this performance standard. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. As noted previously, the property does not contain an existing natural area or water body that warrants preservation. The development application does not include the creation of a native open space habitat. As an option to mitigate for the lack of a native habitat, the applicant has agreed to contribute 1% of the current property assessment toward the improvement of Leon Weekes nature preserve, which is located on the west side of Old Dixie Highway and the FEC Railroad right-of-way. According to the Palm Beach County Property Appraiser information the current assessed value of all the properties involved with the application is $1,567,640. The contribution of 1% would result in the remittance of $15,676 which will be used toward the revegetation/maintenance of the Leon Weekes Nature Preserve. Based on this mitigation plan, the development proposal would comply with this performance standard and is attached as a condition of approval. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. As mentioned previously, the development plan provides an extensive sidewalk system that connects all portions of the property. The sidewalk system includes pedestrian connection to Federal Highway, Lindell Boulevard, and Old Dixie Highway. This pedestrian system also provides a connection to the bus stops along Federal Highway and Lindell Boulevard. A condition of approval is attached that the applicant provides easements for these bus stops. The applicant will be responsible Planning and Zoning Board '~t~ ff Report Conditional Use Request fo ~hdell Square Page 12 for half the cost of two bus shelters ($7,500 each) for a total of $15,000. Therefore, the development plan has substantially complied with this performance standard. As described in the above analysis, the conceptual plan substantially complies with all six of the performance standards that are applicable to the proposed development subject to conditions of approval, which include the mitigation proposal for the lack of a native habitat area. Therefore, an increase of six dwelling units per acre (from 6 to 12) can be supported based upon compliance with the performance standards alone. Additional density beyond the 12 units per acre can be supported by compliance with the criteria outlined in the Redevelopment Plan, as described below. REDEVELOPMENT AREA NO. 6(LINDELUFEDERAL): As noted previously, the subject area is included in the Redevelopment Area No. 6 plan. The following are the guidelines by which the subject property is to be redeveloped: Development of this area should attempt to maximize aggregation of parcels, delete nonconforming uses and structures, and provide for unified treatment of the perimeters. Automotive uses and shopping center type developments are generally discouraged for this section of the Redevelopment Area. The most appropriate use is mixed commercial/office/residential, however, an educational facility or office park could also be accommodated. Up to 16 dwelling units per acre may be permitted based upon the extent to which the project meets the following criteria: · Contains a mix of residential and nonresidential uses; The conceptual plan provides 114 residential units in two to three story townhomes and four story condominium buildings along with 24,000 square feet of office and commercial space. This proposal substantially complies with this criterion as a mix of residential, office, and retail uses are provided within the property. · Substantially complies with the performance standards contained within the RM (Medium Density Residential) zoning district regulations; The performance standards are discussed in previous section of this report. Essentially, the conceptual plan substantially complies all six of the applicable performance standards. Consequently, the base density may be raised from 6 dwelling units per acre to 12 based on the performance standards alone. Provides for a unified development (Some of the measures that can be implemented to achieve a unified development include: aggregation of properties in common ownership, shared pedestrian and vehicular access and/or parking between existing and new development, a consistent architectural theme; consistent landscaping/streetscape. Common ownership is not necessary so long as legal agreements are executed Planning and Zoning Board , ~ff Report Conditional Use Request fc .mdell Square Page 13 which ensure that cross access, cross parking, etc. will remain in place. Density may be calculated over all areas that will function in a unified fashion, provided that the owners of all properties on which the density is being calculated are a party to the development application.); The conceptual plan provides for the aggregation of various properties within the DeI-Raton Park, Tropic Palm, and Tropic Gardens subdivisions. The development concept provides for full shared vehicular and pedestrian access and some shared parking. The buildings share unifying amhitectural treatments such as roof lines, window designs (i.e. port holes), and materials as well as landscaping. It is noted that the applicant will need to obtain cross access easements with Sherwood Honda. The proposed development has aggregated all of the property from Lindell Boulevard to Sherwood Honda. Based on the provision of a unified development for the mixed-use project, the proposal substantially complies with this criterion. Eliminates nonconforming uses or structures, and/or upgrades substandard site conditions that exist on the commercial properties along Dixie or Federal Highways. The proposed development will eliminate the automotive repair facility, mobile home park and single family homes, which are not allowed uses in the PC zoning district and considered nonconforming. The proposed development will result in the elimination of a blighted property and a significant upgrade to the area. Based on the elimination of these nonconforming uses and the substantial upgrade to the site conditions, the proposal substantially complies with this criterion. Summary: Per the Redevelopment Plan, the property may be permitted a density increase up to 16 dwelling units based upon the extent to which the project meets the criteria noted above. As indicated in the above analysis, the proposed plan substantially complies with all six of the applicable performance standards contained within the RM zoning district regulations, which relates to an allowable density of 12 dwelling units per acre. With respect to the criteria contained within the Redevelopment Plan, the project substantially complies with all four. Therefore, the requested density of 15.99 units per acre can be supported. Other: In addition to the specific density-related criteria, the Redevelopment Plan states the following with respect to the subject property. The preferred development pattern for the Linde//frontage is a two-story structure or structures (or a one-story structure that has the appearance of a two-story structure), with ali or a majority of the parking interior to the site. The comer site (Linde# and Planning and Zoning Board Conditional Use Request f¢ Page 14 Report .mdell Square Federal) may be developed as an outparcel, but only as part of a phased development as described in the plan. The southbound fight turn lane from Federal onto Linde//should be reconstructed with new development. The development proposal includes two to three story townhomes along Lindell Boulevard. The third stories of the townhomes have been set back in order to comply with the preferred development pattern expressed in the redevelopment plan. The commemial building along Federal Highway has been designed as a 2-story structure and the development will not be phased. LDR SECTION 2.4.5(E) - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E) (5), 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 subject property is bordered to the north by AC (Automotive Commemial) zoning, PC zoning to the south and east, and RM (Medium Density Residential) and CD (Conservation District) to the west. The adjacent land uses include: to the north automotive dealership (Sherwood Honda); multiple family (Delray Bay) and retail (Walgreen's) to the south; shopping center and gasoline station to the east, and a retention area and nature preserve (Leon Weekes) to the west. The proposed development will eliminate several nonconforming uses on the property, the majority of which is in a blighted state. The redevelopment of the property will have a positive influence on the surrounding properties with respect to elimination of the substandard development and providing a customer base for the neighboring commercial uses. The proposed development will further aid in the economic recovery of the area. The proposal will assist in stabilizing the area and will not hinder development or redevelopment of nearby properties. Therefore, positive findings with respect to this section can be made. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan and site inspections, the following analysis is provided. Planning and Zoning Board ~ Report Conditional Use Request fo~ _..ndell Square Page 15 Parking Requirements: The development proposal includes 114 residential units, 13,500 square feet of retail, and 9,500 square feet of office space. The parking requirements for a mixed-use project located in the PC zone district are calculated as follows: Step 1: The base parking requirements for each use in the project are determined individually. These are shown in the following table: Base Parking Requirements Use Parking Requirement Spaces Required Residential Units (32) 1 bedroom units 1.50 spaces per unit 48.00 (82) 2+ bedroom units 2.00 spaces per unit 164.00 Guest Parking Units 1-20 .5 per unit 10.00 Units 21-50 .3 per unit 9.00 Units 51-114 .2 per unit 12.80 Sub Total 243.80 Office Space 9,500 sq. ft. 3.5 per 1,000-sq. ff. 33.25 Retail Space 13,500 sq. ft. 4.5 per 1,000-sq. ft. 60.75 Step 2: Pursuant to LDR Section 4.6.9(C)(8)(a) Shared Parkin.q, the minimum parking requirement for buildings in the PC district which contain both residential and commercial uses is determined by the peak parking demand period. The peak demand period for this project is the weekday evenings from 6:00 PM to Midnight. The applicable percentage demand for each use during that time period is 90% for residential, 10% of the office, and 90% for the retail. These percentages are applied to the base requirements for each use in the project as follows: Mixed-Use Shared Parking Requirements Use Base Requirement % Shared Requirement Residential 89 90% 80.1 Office Space 33.25 10% 3.325 Retail Space 60.75 90% 54.675 Other (Reserved for 155 100% 155 residential units) Total 293.10 Rounded up 294 Step 3: Given the shared use parking calculation the project's final parking requirement is 294 spaces. The conceptual plan provides 339 total parking spaces. These parking spaces include 188 parking spaces that will be reserved for residents, which are located in the townhouse parking garages and tandem in the driveways, covered parking areas beneath the condominium, or uncovered spaces. The remaining 151 spaces will be shared by the commercial businesses or guests of the residences (126 Planning and Zoning Board e'~ff Report Conditional Use Request fo )tdell Square Page 16 spaces). These spaces exceed the minimum required for guests or the businesses as noted in Step 1 above. All of the tandem parking spaces for the townhomes are compact spaces. For those units with two car garages these driveway spaces serve as the guest parking of these units. The tandem spaces for the one-car garages ara required parking for the residences. Consequently, the tandem spaces should be of sufficient size to accommodate a standard 9' x 18' parking space and is attached as a condition of approval. This will likely require an adjustment to the interior of the property in order to accommodate the required 18' depth. Compact Parking: Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use may be designated for compact cars. Including the tandem parking spaces the development provides 91 compact parking spaces, which represents 26.8% of the 339 total parking spaces. Handicapped Accessible Parkinq: Pursuant to LDR Section 4.6.9(C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the previsions of Florida Accessibility Code for Building Construction. This code covers the commercial part of the mixed-use project, but does not cover residential structures. Accessibility for residential structures is covered by the Federal Fair Housing Act. Pursuant to this Act, 2% of the parking spaces serving the dwelling units must be handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. Based on this regulation, 7 handicap accessible parking spaces are required for the 339 shared spaces. The standard parking ratio for a 339 parking area is 8 handicap accessible parking spaces. The proposed development complies with the ADA since 8 handicap accessible parking spaces are provided. Special Landscape Setback: Pursuant to LDR Section 4.3.4(H)(6)(b), a 20'-deep special landscape setback is required along Federal Highway and Old Dixie Highway. Within the special landscape setback, no structures shall be altered, erected, or reconstructed; nor shall any paving be allowed except driveways and sidewalks that lead to structures on, or provide access to, the site and then only when generally perpendicular to the frontage. Waivers may be granted to these restrictions at the time of site plan review in order to accommodate landscape features, decorative walls, meandering sidewalks, and other decorative pedestrian ways. The proposed development exceeds this requirement as a 23' 8" landscape area has been provided along Federal Highway and 21' 8" area along Old Dixie Highway. Planning and Zoning Board, ~ Report Conditional Use Request fob _.ndell Square Page 17 Right-of-Way Dedication: Per LDR Section 5.3.1 right-of-way dedications to meet minimum standards must be made with all developments, unless a waiver is granted. Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for Old Dixie Highway is 80' and 30' currently exists. The redevelopment proposal includes a request to abandon Avenue "K" (50' right-of-way) and Dixie Boulevard (80' fight-of-way). In exchange for the abandonment of Dixie Boulevard, 50' of right-of-way will be dedicated for Old Dixie Highway. This dedication has been provided on the plans. While the Planning and Zoning Board recommended approval of the abandonments, the City Commission has not yet considered them. A condition of approval is attached that the abandonments be approved and that the property is replatted to reflect the abandonments and dedication of Old Dixie Highway. Sidewalks: Pursuant to LDR Section 6.1.3(B)(3), a 2'-wide landscape area is required between the sidewalk and street pavement. This landscape is required for the sidewalk adjacent to the townhouses. A waiver will need to be considered for this landscape strip by the Site Plan Review and Appearance Board. Other Issues: Turning Lanes: The plans indicate the improvement of the substandard turn lane along Federal Highway and the installation of a turn lane on Lindell Boulevard. A condition of approval is attached that an approved permit is submitted from Florida Department of Transportation for the turn lane improvements on Federal Highway. The turn lane on Lindell Boulevard requires a permit from the City. The project is not in an area that requires review by the Community Redevelopment Agency or Downtown Development Authority. Site Plan Review and Appearance Board (SPRAB): If Conditional Use approval is granted, a revised site plan must be submitted accommodating the concerns raised through the conditional use petition, and addressing outstanding technical items. Final action on the site plan will rest with the SPRAB (Site Plan Review and Appearance Board). Planning and Zoning Board }ff Report Conditional Use Request fo, _~,ndell Square Page 18 Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: Tropic Bay HOA Tropic Harbor COA Tropic Isles HOA Tropic Palms HOA Pelican Harbor HOA Pelican Pointe HOA Progressive Residents of Delray (PROD) President's Council Public Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The proposed conditional use is to allow an increase of the density to 16 dwelling units per acre. The proposed development meets or exceeds all of the applicable performance standards and criteria associated with the density increase of RDA #6. The proposed development needs to provide railings to give the appearance of front porches, which will provide a better streetscape relationship with the condominium along Old Dixie Highway and the townhomes along Lindell Boulevard, and is attached as conditions of approval. The mitigation of the native habitat through the contribution toward the Leon VVeekes Nature Preserve is an adaptive method of providing a meaningful alternative to on-site mitigation. The mixed-use project will help in the long- term revitalization of the area. The commercial businesses in the surrounding area will be provided with a larger customer base and the surrounding neighborhood will be provided with an aesthetically compatible project. It is noted that pursuant to Section 4.4.6(I)(1), despite the recommendation that the project meets the performance standards, the Board may deny the application for increased density if it is determined that the proposed project does not substantially comply with the performance standards or the redevelopment criteria. The proposed 15.99 dwelling units per acre is supportable as the proposed development complies with the 6 applicable performance standards and criteria found in the redevelopment plan for RD^ #6. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed development with surrounding properties. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations, provided the conditions of approval are addressed. Planning and Zoning Board ~taff Report Conditional Use Request f, ~jndell Square Page 19 A. Continue with direction. B. Move a recommendation of approval to the City Commission for the conditional use request for to allow for a density increase to 16 dwelling units per acre (15.99 proposed) for Lindell Square, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in LDR Sections 2.4.5(E)(5) and 4.4.6(I), RDA #6 (Lindell/Federal Redevelopment Plan), and Chapter 3 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the conditional use request for a density of 16 dwelling units per acre for Lindell Square, by not adopting the findings of fact and law contained in the staff report, and find that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in LDR Sections 2.4.5(E)(5) and 4.4.6(I), RDA #6 (Lindell/Federal Redevelopment Plan), and Chapter 3 of the Land Development Regulations. Move a recommendation of approval to the City Commission for the conditional use request to allow a density of 16 dwelling units per acre for Lindell Square, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in LDR Sections 2.4.5(E)(5) and 4.4.6(I), RD^ #6 (Lindell/Federal Redevelopment Plan), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That a site plan application be submitted which addresses the "Technical Items" attached in Exhibit "A"; 2. That a letter be submitted from the Palm Beach County Traffic Engineering Division that indicates the project meets Traffic Concurrency; That the applicant be responsible for improving the tum lane along Federal Highway and installing a turn lane on Lindell Boulevard, which meet current standards; 4. That the easements be provided for the bus stops together with remittance of half the cost of a bus shelter ($7,500 per shelter) for a total of $15,000 total; 5. That a cross-access easement be provided with the property owner to the north of the subject property for the shared driveway along Federal Highway; That the sliding glass doors on the first story of the condominium building along Old Dixie Highway be changed to a front door with side lights and French doors together with a horizontal railing to match the balconies; Planning and Zoning Board - ~ff Report Conditional Use Request fo, __,hdell Square Page 20 That horizontal railing is provided for the townhouse "porches" along Lindell Boulevard; That the applicant contributes $15,676 (1% of assessed property valuation) toward the revegetation/maintenance of the Leon VVeekes Nature Preserve; and, That the existing Avenue "K" and Dixie Boulevard is approved for abandonment by the City Commission and that 50' is dedicated along the west side of the property to the Old Dixie Highway right-of-way concurrent with the platting of the property. Attachments: · Exhibit A · Conceptual Plans · Location Map Report prepared by: Scott D. Pape, Senior Planner Planning and Zoning Boar¢' ~ff Report Conditional Use Request fo. _lndell Square Page 21 1. That any conflicts between landscaping and easements including light poles are resolved in accordance with direction by the City Horticulturalist. 2. That the location of overhead lines and utility easements are noted on the landscape plan. 3. That copies of FDOT permits are submitted for the driveway connections, drainage, and utility improvements. 4. That copies of Palm Beach County permits be submitted for the right-of-way, drainage and utilities. 5. That typical cross sections are provided from the buildings to adjacent rights-of-way or adjacent property at all property lines. 6. That 6"-deep sodded swales are provided adjacent to all roadway pavement within the public rights-of-way. 7. That method of roof drainage is provided on the plans. 8. That 12' water/sewer easements are provided over water and sewer mains. 9. The locations of all utilities need to be noted on the landscape plan. 10. That a plat application be submitted. 11. That an elevation detail is provided of light poles and light fixtures that provides a notation that indicates that overall height is 25' or less. 12. That the location of mail box kiosk be noted on the site plan and landscape plan. 13. There are still some small areas of sod adjacent to the buildings that should be changed to ground covers to be consistent with ×eriscape principles. There are a few locations where one of three trees or palms in a grouping will not be located within a ground cover bed. This is typical on both ends of the west side of the commercial building. Please combine the trees and ground cover sheet and this will become readily apparent. 14. Provide a sheet which has both the trees and the ground covers. 15. The condominium building types are not consistent with the site plan with respect to landscape islands and the locations of sidewalks connecting to the units. In some locations the landscape strips are below the minimum width acceptable. It is noted Planning and Zoning Boar¢' afl Report Conditional Use Request fo, _indell Square Page 22 that the shape of the unit for Building A on the site plan is not the same as it is for the enlarged detail. The landscape plan shows trees in the middle of sidewalks for the A Building on the north side of the property, and the sidewalk locations are not correct at the end of the building. 16. The landscape treatment along Dixie Highway is not consistent with the development to the south, across Lindell Boulevard and must be revised accordingly. 17. The proposed landscape treatment along Federal Highway is inconsistent with the majority of the businesses on Federal which have Royal Palms along the corridor. The shrubs and ground covers must be improved. Aside from the Cocoplum hedge, there are only beds of either Fakahatchee Grass or Purple Showers. There is no layering. Further some of those beds don't encompass the palms or trees above them. 18. The perimeter landscaping along the north side of Lindell Boulevard is not consistent with the development to the south. The north side shows 5 Oaks and 6 Geiger Trees with 1 relocated Sabal Palm. The south side alternates Sabals with Geiger Trees, as proposed in this plan, which is a change from what is there now. The landscape must be revised to reflect consistency with the existing landscaping along the south side of Lindell Boulevard. 19. That a list of plant materials for the medians be provided on the same sheet as the median design. Also note that the irrigation must be designed with 100% ovedap and that the pop-ups for the sodded areas will be 6". 20. That the 'Fatr' and' FDT' symbols are cleady noted on the landscape plans. 21. Sabal Palms # 86 & 87 are still indicated on the tree legend as remaining, but the plan now shows Live Oaks. The landscape plan must be revised to indicate where the Sabal Palms # 88 #89, #90 & #91 will be relocated. 22. There are still some locations where the trees are too crowded as an example, at the end of Building D, furthest south, 2 Ilex Cassine are proposed along the west side within the 5 foot area between the sidewalk and the building. This is insufficient planting space and must be revised accordingly. 23. That the bus stop lanes are eliminated. OLD DIXIE HWY. W/50' ADDTL R.O.W. US 1- FEDERAL HIGHWAY DOTTEREL ROAD BUCKY DENT'S BASEBALL SCHOOL SHER WOOD PON TIA C TOYOTA USED CARS CURLEW ROAD LEON WEEKE$ DELRA Y KIA DELRA Y TOYOTA LA-MAT A'v~NUE MORSE SA TURN MOBILE HOMES EASTVIEW VILLAGE SHERWOOD HONDA OELRA Y SHOPPING CENTER TROPIC VIEW 8LV'D. A'~"N UE L THE POINT HARBOR BOCA ISLE SHOPPES CONDO 1ROPIC ISLE DR. N LINDELL SQUARE TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAG~R~, ,~,~---,~ PAUL DORL,.G.D.RECTOR OF SCOTT D. PAPE, SENIOR PLANNER~,~=,~.. MEETING OF AUGUST 3, 2004 CONDITIONAL USE REQUEST TO INCREASE THE BUILDING HEIGHT TO 57'-5" FOR A NON-HABITABLE ROOF APPURTENANCE THAT CONNECTS THE ROOF VENTS FOR FUTURE RESTAURANTS TO THE ELEVATOR TOWER. THE APPLICATION ALSO INCLUDES THE INCREASE IN HEIGHT FOR THE MANSARD ROOFS FROM 48' TO 50'- 2" FOR CITYVVALK AT PINEAPPLE GROVE (fka PINEAPPLE GROVE BUILDING) LOCATED AT THE NORTHWEST CORNER OF PINEAPPLE GROVE WAY AND NE 2ND STREET. The development proposal consists of Lots 13-20 and a portion of Lot 21 of Block 71 of the Town of Linton plat and contains 1.35 acres. The property contained the Annex restaurant and The Grove Car Wash. The Annex Restaurant was converted from an office to a restaurant in 1995 and the structure is currently vacant. The Grove Car Wash building was constructed in 1989 and has been demolished. A conditional use application has been submitted for an increase in building height to 57'-5" for a non- habitable roof appurtenance that connects the roof vents for the future restaurant bays to the elevator tower. This architectural feature makes up 1% of the roof area. The application also includes the increase in height for the mansard roofs from 48' to 50'-2". The mansard and roof features make up 8% of the roof area and will have a standing seam metal roof that will be galvalume in color to match the approved roof material. Additional background and an analysis of the Conditional Use request are found in the attached Planning and Zoning Board staff report. At its meeting of April 19, 2004, the Planning and Zoning Board held a public hearing in conjunction with the request and one person from the public spoke in opposition to the height increase. After discussing the proposal, the Board unanimously voted 4-0 (Peltze absent, Pike and Morris stepped down) to recommend approval of the height increases for Citywalk at Pineapple Grove based on positive finding with respect to Chapter 3 (Performance Standards), LDR Sections 2.4.5(E)(5)(Conditional Use Findings) and 4.3.4(J)(4)(b), the Pineapple Grove Main Street Neighborhood Plan, and the policies of the Comprehensive Plan. Approve the conditional use request to increase the building height to 57'-5" for a non-habitable roof appurtenance and an increase the height of the mansard roofs from 48' to 50'-2" for Citywalk at Pineapple Grove, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in LDR Sections 2.4.5(E)(5) and 4.3.4(J)(4)(b), the Pineapple Grove Main Street Neighborhood Plan, and Chapter 3 of the Land Development Regulations. Attachment:: P&Z Staff Report and Documentation of July 19, 2004 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 19, 2004 IIl.C. Conditional Use Request for Citywalk at Pineapple Grove to Allow an Increase in Building Height to Exceed 48' for a Non-Habitable Roof Appurtenance (57'-5" Proposed) and for the Mansard Roof Features (50'-2" Proposed), Located at the Northwest Corner of Pineapple Grove Way and NE 2"d Street GENERAL DATA: Owner ............................. Porten Russell, LLC Agent .............................. Gary Eliopoulos Applicant ......................... Porten Companies Location .......................... Northwest corner of Pineapple Grove Way and NE 2"u Street Property Size .................. 1.35 acres Future Land Use Map ..... Commercial Core Current Zoning ...............CBD (Central Business District) Adjacent Zoning....North: CBD (Central Business District) East: South: West: Existing Land Use .......... Proposed Land Use ........ Water Service ................. Sewer Service ................ CBD (Central Business District) CBD (Central Business District) OSSHAD (Old School Square Historic Arts District) Restaurant (The Annex) & Car Wash (demolished) Conditional Use Request for Citywalk at Pineapple Grove to Allow an Increase in Building Height to Exceed 48' for a Non-Habitable Roof Appurtenance (57'-5" Proposed) and for the Mansard Roof Features (50'- 2" Proposed), Located at the Northwest Corner of Pineapple Grove Way and NE 2"u Street. Existing on site. Existing on site. ATLANTIC AVEN U III.C. The action before the Board is making a recommendation to the City Commission on the conditional use request for Citywalk at Pineapple Grove to allow an increase to a maximum height of 60' [LDR Section 4.3.4(J)(4)(b)], pursuant to LDR Section 2.4.5(E). The property is located at the northwest corner of NE 2nd Street and Pineapple Grove Way (200 Pineapple Grove Way). The development proposal incorporates the properties consisting of Lots 13-20 and a portion of Lot 21 of Block 71 of the Town of Linton plat and contains 1.35 acres. The property contained the Annex restaurant and The Grove Car Wash. The Annex Restaurant was converted from an office to a restaurant in 1995 and the structure is currently vacant. The Grove Car Wash building was constructed in 1989 and has been demolished. At its meeting of November 19, 2003, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan for a mixed use development that consists of 16,601 square feet of commercial floor area and 40 residential units (29.63 dwelling units per acre) in a four-story building. The height of the proposed building was approximately 49.5', which exceeded the maximum height of 48' allowed in the Central Business District (CBD). The site plan was approved with several conditions of approval, which included that the building be reduced to a maximum of 48' or conditional use approval be granted for the increase. Following approval, the plan was modified to include an additional 73 square feet of commemial floor area (16,674 square feet total) and stair towers at the north and south ends of the building. Since the additional floor area did not significantly increase the impacts on the level-of-services or require additional parking, a Class I site plan modification was administratively approved on June 23, 2004. A conditional use application has been submitted for an increase in building height to 57'-5" for a non-habitable roof appurtenance that connects the roof vents for the restaurants to the elevator tower. The application also includes the increase in height for the mansard roofs from 48' to 50'-2". The mansard and roof feature will have a standing seam metal roof that will be galvalume in color to match the approved roof material. This conditional use application is now before the Board for consideration. The applicant has submitted the following narrative that describes the conditional use request and justification: "At the proposed center of the project we have our elevator penthouse projecting up above the roof deck. Adjacent to the elevator at each side are the grilled encloses for the future kitchen hoods for the caf~ / restaurants located at the ground floor. We are Planning and Zoning Board "'afl Report Citywalk at Pineapple Gro~ Conditional Use Request Page 2 requesting for the enclosures to be larger than normally required due to the fact that the future hoods will be located near the front of the building (main entry for the residential component). It should be noted that typically kitchens and exhaust hoods are located at the rear of the building instead of the front. Due to the way the building steps back the proposed hoods are located at the rear of the proposed restaurants but actually line directly with the front of the building when they penetrate the roof deck. [Along] A// the entire roof there are vadous parapet heights and materials used to screen the proposed a/c units on the roof. It should be noted that in several areas there are mansard roofs located in front of the parapet walls for decorate purposes only to break-up the facade and add interest to the building elevation. The entire roof deck is at 48'-0" above the average crown of road as per LDR's section 4.3.4 (I)(1)(2)(a). We are requesting that the mean roof height of the proposed mansard roofs exceed 48'-0" to a 50'-2". LDR's section 4.3.4 (I)(1)(J)(1) height definition describes the mean roof height for the fo/lowing sloped roofs: gab/e, hip and gambrel." REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDR's. Findings of Future Land Use Map Consistency and Concurrency were made with the prior site plan approval. The applicable Comprehensive Plan policies and Land Development Regulations that relate to the Conditional Use request are discussed below. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 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 the following applicable objectives and policies that are relevant to the Conditional Use application are noted: Future Land Use Element Obiective A-l: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. Planning and Zoning Board ~'taff Report Citywalk at Pineapple Gm~ ~Conditional Use Request Page 3 There are no special physical or environmental characteristics of the land that would be negatively impacted by the mixed-use development. The proposed increases to the height of the building are for roof structures located along the east and south sides of the building facing Pineapple Grove Way and NE 2nd Street. The properties located in the Old School Square Historic Arts District (OSSHAD) to the west will not be further impacted by the proposed height increase. Housin.q Obiective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housin.q Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted above, the proposed increase in height will not create an additional impact on the neighborhood to the west. Since the proposed roof structures are not habitable space, they will not generate any additional traffic impact or create a nuisance such as noise, odors or dust. As noted previously, the roof structures are located along the east and south sides of the building. The sight lines of these structures from the west side of the building will be negligible. Since a large portion of the roof structure is located on that portion of the building that is set back further from the remainder of the building along Pineapple Grove Way, additional massing of the building will be negligible from the east side as well. REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT~ Pursuant to LDR Section 4.3.4(K), the maximum height of structures in the CBD zoning district is 48'. Pursuant to LDR Section 4.3.4(J)(1), height is defined as the vertical distance from grade to the highest finished roof surface of a fiat roof or to the mean level between eaves and ridge for gable, hip, or gambrel roofs. For buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets. Pursuant to LDR Section 4.3.4(J)(3)(b), appurtenances usually required to be placed above the roof level of a building and not intended for human occupancy may be allowed to extend above the height limitations. Therefore, the stair towers, elevator tower, air conditioning units and exhaust/roof vents may extend above the 48' height limit. However, the applicant proposes to construct a roof feature to connect the approved restaurant roof vents to the elevator towers; and to increase the height of the decorative mansards. The mean height of the mansards is 50'-2" and the height of the vent/roof feature is 57'-5". Planning and Zoning Board "*afl Repod Citywalk at Pineapple Gm~ Conditional Use Request Page 4 Pursuant to LDR Section 4.3.4(J)(4)(b)(9), an increase to a maximum height of 60' may be approved by the City Commission as a conditional use for property zoned CBD (Central Business District), except for property lying east of the Intracoastal Waterway. The City Commission may approve an increase in height to a maximum height of 60' pursuant based upon a finding of compliance with each of the enumerated criteria listed below. (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48', except for the following situations: (1) An increase in intensity is allowed when the increase from 48' to 60' is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in intensity is only for the added residential use area; The increase in height is requested to accommodate residential uses on the top floor of the structure, thereby meeting this requirement. (iii)That the increase in height is based on or will result in one or more of the following: (1) A demonstrable need that, in order to accommodate the nature of a particular use or a particular matter or type of construction, a greater than normal space between floors or height of story is necessary; (2) That 75% or greater of an area of the ground floor is devoted to parking and vehicular traffic circulation; or (3) That for each foot in height above 48', an additional building setback of two feet (2') is provided from the building setback lines which would be established for a 48' tall structure. The additional setback is required from all setback lines. In addition to providing residential use on the top floor, the increase in height will accommodate a non-habitable roof appurtenance/architectural feature that connects the restaurant roof vents to the elevator towers and allow for an increase in height to the mansard roof features that are decorative in purpose and screen the a/c units. While the approved development includes 3-stories of residential units above commercial floor area on the first floor, the development includes a 14' floor-to- ceiling height for the commercial space and 9' 8" floor-to-ceiling for the residential floors. The increased floor to ceiling heights are in response to perceived market demands and the desired product proposed by the developer. The result will be a high-end product that accommodates a market demand in Delray Beach for greater amenities and design standards such as the ceiling heights for residential Planning and Zoning Board "taft Report Citywalk at Pineapple Gro~ Conditional Use Request Page 5 units and commemial space (i.e. restaurants and retail). Thus, the proposal complies with criterion #1. Also, criterion #3 has been complied with as additional setbacks have been provided for the architectural feature that connects the restaurant roof vents to the elevator towers as follows: North - 146' South - 251' East - 39' West - 75' Based upon the above, a finding of compliance with the criteria listed above can be made to support the request to allow the proposed structure to exceed the standard 48' height limitation. LDR SECTION 2.4.5(E) - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E) (5), 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 subject property is bordered to the north, south, and east by CBD zoning and Old School Square Historic ^rts District zoning district to the west. The adjacent land uses include: to the north single family residential; to the south convenience store; to the east strip commercial; and office and residential to the west. The proposed roof modifications will not significantly increase the massing of the building. The increase in height to the mansard roofs is insignificant and will improve the aesthetics of the building by increasing the slope (12:5 pitch) of the roof which will present more of the standing seam metal to view. The non-habitable roof connection between the roof vents and the elevator tower is purely for cosmetic purposes. These connections will have an insignificant increase in the massing of the building and is a logical architectural treatment for the vents and elevator tower. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E) (5) for the conditional request to increase the building height to a maximum of 60' (57' 5" proposed). Planning and Zoning Board "taft Report Citywalk at Pineapple Gm~ 'Conditional Use Request Page 6 Community Redevelopment Aqenc¥ (CRA): At its meeting of June 24, 2004, the CRA reviewed the development proposal and recommended approval. Pineapple Grove Des~qn Review Committee: At its meeting of July 12, 2004, the Design Review Committee reviewed the proposal and recommended approval. Site Plan Review and Appearance Board: If the Conditional Use request is approved, a site plan modification will be processed for the elevation changes, with final action by SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: Bankers Row Progressive Residents of Delray (PROD) President's Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. The attached e-mail letter of objection has been received from a property owner on Banker's Row (NE 1st Avenue). Additional letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed conditional use is to allow an increase of the building height in excess of 48' (57'-5" proposed). The increase height will accommodate greater floor-to-ceiling heights for the residences and commercial space and non-habitable roof structures. The increase will improve the appearance of the building and will not have a significant impact on the massing of the building. The aesthetics of the structure will improve by increasing the pitch of the mansard roofs and providing an appropriate architectural treatment for the elevator shaft and restaurant vents. As described in this staff report, the request for additional height meets the criteria established in 4.3.4(J)(4)(b). The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDR. Positive findings can be made with respect to LDR Section 2.4.5(E)(5) regarding compatibility of the proposed development with the surrounding properties regarding the requested increase in building height. Planning and Zoning Board ~+,aff Report Citywalk at Pineapple Gm~ ~Conditional Use Request Page 7 A. Continue with direction. Move a recommendation of approval to the City Commission for the conditional use request to allow for a building height in excess of 48' (57'-5" proposed) for Citywalk at Pineapple Grove, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5), 4.3.4(J)(4)(b), the Pineapple Grove Main Street Neighborhood Plan, and Chapter 3 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the conditional use request for a building height in excess of 48' (57'-5" proposed) for Citywalk at Pineapple Grove, by not adopting the findings of fact and law contained in the staff report, and find that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(E)(5), 4.3.4(J)(4)(b), the Pineapple Grove Main Street Neighborhood Plan, and Chapter 3 of the Land Development Regulations. Move a recommendation of approval to the City Commission for the conditional use request to allow a height in excess of 48' (57- 5" proposed) for Citywalk at Pineapple Grove, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J)(4)(b), the Pineapple Grove Main Street Neighborhood Plan, and Chapter 3 of the Land Development Regulations. Attachments: · Conceptual Plan · E-mail letter from Lee Harrison · Location Map Report prepared by: Scott D. Pape, Senior Planner III III Z -I ,I II ~' ' 11-4..-. ~_-- ?- "~_111 I I~ ~ II , ~ __ Ii ~....~ .... , ~ ' , I~t~111 ITi' _1 ~,~ II I I I :~::::.:L:iij i Z ~ - II I~ II I I I II I I I II I II Ii I ~ I - ~* - ---~1~ ~ -II II I Ii I I II I II I I I ~ II I I~ I I I I III tll I Page 1 of 1 Valek, Denise From: DORANISME@aol.com Sent: Wednesday, July 14, 2004 4:50 PM To: PZmail@MyDelrayBeach.com Subject: ATTN: SCOTT PAPE RE: PUBLIC NOTICE ~2004-283 Dear Mr. Pape: Unfortunately, I shall be unable to attend the Public Hearing on Monday July 19 regarding City Walk at Pineapple Grove. But could you please pass this e-mail to the members of the Planning and Zoning Board for inclusion in the Minutes of the meeting~ My wife and I have lived at 218 N.E. 1st Avenue (Bankers Row), which is due west of the new development, for 10 years and have witnessed the phenomenal growth around the downtown area. Fimtly, I would like to make it clear that I love what I am seeing along Federal Highway and I think the Commision has done a first-class job in the type of townhouse development they have allowed. As the owner of The Blue Anchor on East Atlantic, I am cognizant of the favorable impact such developments are having on downtown businesses. However, I believe strongly that the planning of new high-rise residential or commercial developments that overlook streets of historic importance in our city should be weighed much more carefully as to their impact. The present request by the developers of City Walk is a case in point, If we permit builders to increase the height of their structures beyond approved codes we are in danger of blighting the historic homes that are the foundation of our Village By The Sea concept. The residents of Bankers Row have already lost their much4reasured early-morning sunrises with the development of all those rental apartments along the railroad tracks. Now, the much-closer City Walk development will restrict light even further to all our properties. That is why I strongly object to increasing the height of the buildings beyond what has already been agreed. In addition, we are all losing the pdvacy we have enjoyed for many years on Bankers Row. It is sad...but at the same time I understand the need for downtown residential development. But please, I implore you, consider the detrimental effect an increase in the height of City Walk will have on the historic homes of Bankers Row and reject this new request for modification. Yours sincerely, LEE HARRISON Phone: 561-272-9194 7/15/2004 N.W. 5RD ST. I CITY ATTORNEY BUILDING MAR'lIN LUTHER KING JR. DR. NA/_L COMMUNITY CEN T£R TENNIS STADIUM N.W. 1ST ST. ATLAN SOU TH ~-~ COUNTY COURT HOUSE N.E. 2ND 1ST ST. OLD lC AVENUE IST ST. FEDERAL t.~ BANK N CITYWALK AT PINEAPPLE GROVE TO: THRU: FROM: SUBJECT: MEETING OF AUGUST 3, 2004 CONDITIONAL USE REQUEST ASSOCIATED WITH A PROPOSED MIXED-USE (RESIDENTIAL/OFFICE) DEVELOPMENT FOR THE JESSICA LINEHAN PROPERTY~ LOCATED ON THE EAST SIDE OF NW 1sT AVENUE~ APPROXIMATELY 193' NORTH OF NW 1sT STREET~ TO ALLOW UTILIZATION OF THE BUSINESS AND THE RESIDENTIAL UNIT BY PARTIES THAT ARE NOT THE OWNER~ PROPRIETOR~ OR EMPLOYEE OF THE BUSINESS. During its meeting of March 3, 2004, the Historic Preservation Board approved a Class V Site Plan, Landscape Plan, and Design Elements for the construction of a 3,583 sq. ft., two-story, mixed-use building (office and residential) that includes 1,800 sq. ft. of office space on the first floor and 1,783 sq. ft. of residential space (two bedrooms) on the second floor with a sun deck/canopy at the south side of the parking area. Pursuant to LDR Section 4.4.24(C)(2)(a), on a parcel that has its principal use a non- residential use, there may be one single family residence, either within a separate structure or within a structure housing a non-residential use, provided one of the following situations exist: that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property; the business is owned or operated by the owner; or that the residence is occupied by the owner. Pursuant to LDR Section 4.4.24(C)(2), a conditional use can be granted which allows utilization of the business and the residential unit by parties that are not the owner, proprietor, or employee of the business. As the applicant has chosen not to reside within the residential unit, a conditional use request has been submitted. At its meeting of July 19, 2004, the Planning and Zoning Board held a public hearing in conjunction with the Conditional Use request. Presentations were made by staff and the applicant. During the meeting, a discussion ensued concerning the process to condominiumize the building. After this discussion, the Board voted 5-1 (Borchardt dissenting) in favor of the Conditional Use request to allow the owner of the property to live off premises and to allow utilization of the business and the residential unit by parties that are not the owner, proprietor, or employee of the business, based upon positive findings with respect to Section 4.4.24(C)(2), Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, the Goals, Objectives, and Policies of the Comprehensive Plan. Move approve of the request for Conditional Use approval for Lot 6, Block 59, Linehan Property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Chapter 3 of the Land Development Regulations and LDR Sections 2.4.5(E)(5)(Findings), based upon the findings and recommendations of the Planning and Zoning Board. Attachments: Planning & Zoning Staff Report dated July 19, 2004 The action before the Board is making a recommendation to the City Commission on a Conditional Use request to allow the owner of the property to live off premises and to allow the owner of a mixed use development with one residential unit the ability to lease the commercial and residential spaces to parties that are not the owner of the property nor proprietors or employees of the business for the project known as the Linehan Building. The subject property (Lot 6, Block 59) is located on the east side of NW 1st Avenue, between NW 1st Street and Martin Luther King, Jr. Drive (NW 2nd Street). The vacant property includes Lot 6, less the north 1.25' and south 15.7', Block 59, Town of Delray and is zoned Old School Square Historic Arts District (OSSHAD). On March 3, 2004, the Historic Preservation Board approved with conditions a Class V site plan, landscape plan, and design elements for the construction of a two-story, 3,583, mixed use building (office and residential). The proposal includes: 1,800 sq. ft. of office space on the first floor and a 1,783 sq. ft. residential dwelling unit (two bedrooms) on the second floor along with associated parking. On May 4, 2004, the City Commission accepted the 5' sidewalk easement associated with the development. Pursuant to LDR Section 4.4.24(C)(2) within the OSSHAD zone district, on a parcel that has as its principal use a non-residential use (i.e. office), there may be an accessory use of one single family residence, either within a separate structure or within a structure housing a non-residential use, provided that one of the situations exists: a) The residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property; or, b) The business is owned, or operated, by the owner of the parcel; or, c) The residence is occupied by the owner of the parcel. Within the OSSHAD zone district the following Conditional Use is allowed: LDR Section 4.4.24(D)(2), on a parcel that has as its principal use a non-residential use, residential use which occurs other than as provided for in Subsection (C)(2). The owner is requesting conditional use approval to allow the residential use to be other than that provided in Section 4.4.24(C)(2), to allow the owner of the property to live off premises and to allow the owner of a mixed use development with one residential unit the ability to lease the commercial and residential spaces to parties that are not the owner of the property nor proprietors or employees of the business. The applicant Meeting Date: July 19, 2004 Agenda Item: III.D. Planning & Zoning Staff Report Linehan Building - Conditional Use Approval Page 2 would like flexibility to lease the mixed-use development to those who might not meet the criteria of LDR Section 4.4.24(C)(2). 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 appftcation, the staff report, or minutes. Findings shaft be made by the body which has the authority to approve or deny the development application per the site plan report. These findings relate to the following four areas: Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency, and Compliance with the LDRs . With the Class V site plan approval by the HPB on Mamh 3, 2004, positive findings were made with respect to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency, and Compliance with LDR requirements. Future Land Use Map Consistency, as it relates to the Conditional Use request, is discussed below. 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 Future Land Use Map designation of OMU (Other Mixed Use) and a zoning designation of OSSHAD (Old School Square Historic Arts District). The zoning district is consistent with the OMU Future Land Use Map designation. Allowing the owner to lease the commercial space and residential space to parties that are not owners of the property nor proprietors or employees of the business are listed as Conditional Uses in the OSSHAD district [LDR Section 4.4.24 (D)(1) and (2)]. Based upon the above, positive findings can be made with respect to Future Land Use Map Consistency. 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 proposed development is bordered by the OSSHAD zoning district to the north, east, west, and south. The existing surrounding land uses are as follows: multi-family Planning & Zoning Staff Report Linehan Building - Conditional Use Approval Page 3 residential to the north, medical office to the south, residential and office to the east and the City Hall Parking lot to the west. The "Purpose and Intent" section of the OSSHAD zoning district [ref. LDR Section 4.4.24(A)] states that the OSSHAD is a mixed-use district which is to provide for mixed uses of residential, office, and commercial activities. However, this is allowed as a permitted use only if the residence is occupied by the owner, proprietor, or employee of the business; the business is owned or operated by the owner of the parcel; or the residence is occupied by the owner of the parcel; or if a conditional use is granted to provide otherwise. These regulations were adopted in order to reduce the number of absentee property owners whose properties were generally not well maintained and significantly contributed to the blight in the district. It is noted that since the adoption of these regulations, the City has experienced recovery from the blight and economic stagnation that it experienced in the past. Property maintenance and values have significantly improved and property absentee landlords have become less problematic. Should any maintenance problems arise, adequate regulations exist to address the situation through the Code Enforcement Division. It is noted, mixed use developments are encouraged and have become a more common development pattern within the past few years in the OSSHAD zoning district. The infill development is an improvement to the area that will encourage the upgrading of nearby properties. Given the above, the proposed use will not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties. Community Redevelopment Agency (CRA): At its meeting of June 24, 2004, the CRA recommended approval of the conditional use request. Historic Preservation Board: At its meeting of July 7, 2004, the Historic Preservation Board reviewed the Conditional Use request and voted 7-0 to recommend approval of the conditional use request. Public Notice: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Notices were mailed to the Chamber of Commerce, Progressive Residents of Delray (PROD), and the President's Council. Planning & Zoning Staff Report Linehan Building - Conditional Use Approval Page 4 The development proposal involves a Conditional Use request to allow the owner the ability to lease the commercial space and residential space to parties that are not proprietors or employees of the business or owners of the land. There are no concerns noted with the request. The current proposal meets the intent of the LDRs. The applicant is seeking Conditional Use approval to allow flexibility should she desire to sell the property upon construction of the building. If the conditional use is granted, adequate regulations exist through Code Enforcement actions should any maintenance problems arise. The proposed Conditional Use request is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to LDR Sections 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. Continue with direction. Move a recommendation to the City Commission to approve the conditional use request for Lot 6, Block 59, Linehan Property by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Chapter 3 of the Land Development Regulations and LDR Sections 2.4.5(E)(5)(Findings), subject to conditions. Move a recommendation to the City Commission to deny the conditional use request for Lot 6, Block 59, Linehan Property based upon a finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Chapter 3 of the Land Development Regulations and LDR Sections 2.4.5(E)(5)(Findings) with the basis stated. Move a recommendation to the City Commission to approve the conditional use request for Lot 6, Block 59, Linehan Property by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Chapter 3 of the Land Development Regulations and LDR Sections 2.4.5(E)(5)(Findings). Attachments: Survey, Site Plan, Landscape Plan, Engineering Plans, & Elevations Report prepared by: Wendy Shay, Historic Preservation Planner N.W. 5RD N.W. 2ND METHODIST CHURCH CITY A TTORNE Y BUILDING ST, CITY HALL N.W, 1ST ST. COMMUNITY CENTER TENNIS ATLANTIC SOUTH COUNTY COURT HOUSE S.W. 1ST ST. 3RD ST. OLD SCHOOL SQUARE 2ND ST. 1ST ST. N JESSICA LINEHAN PROPERTY N.!~. IST. AVE. II N.T.G. JE881CA LINEHAN TO: THRU: FROM: SUBJECT: DAVID T. HARO~,~f ~R · PAUL DORLING, DIRECTOR OF~ A,~I~"~/~3NING MEETING OF AUGUST 3, 2004 CONSIDERATION OF A WAIVER REQUEST TO LAND DEVELOPMENT REGULATION (LDR) SECTION 4.4.18(B)(4) FOR LOT 3T TRACT "K"~ DELRAY PARK OF COMMERCET PURSUANT TO LDR SECTION 2.4.7(B) (5). At its meeting of November 13, 2002, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan, landscape plan and architectural elevations for a 22,500 sq. ft. multi-bay service industry building on Lot 3 of Tract K. The first floor contains 17,700 sq.ft, and the second floor contains 4,800 sq.ft. The development is currently under construction. The property owner has a potential tenant (furniture wholesaler) to occupy four bays located at the north end of the building which will contain approximately 5,408 sq.ft. Pursuant to LDR Section 4.4.18(B)(4)(Service Industry), assembly, fabrication, wholesale, and storage is permitted when such use is limited to no more than 5,000 square feet per tenant. As the tenant will exceed the 5,000 sq.ft, maximum, a master plan modification and waiver request to the above requirement have been submitted. Additional background and a complete analysis of the request is found in the attached Planning and Zoning Board staff report. On July 19, 2004, the Planning and Zoning Board held a public hearing regarding the master development plan modification associated with the waiver request. There was no public testimony regarding the proposed changes. After discussing the proposal, the Board voted 6-0 (Peltzie absent) to approve the master development plan modification and to recommend to the City Commission approval of the waiver to LDR Section 4.4.18(B)(4) to allow the floor area for a light industrial use in the Service Industry land use component to exceed the 5,000 sq.ft. limitation (5,408 sq.ft.).. Move approval of the request for a waiver to LDR Section 4.4.18(B)(4) to allow the floor area for a light industrial use in the Service Industry land use component to exceed the 5,000 sq.ft. limitation (5,408 sq.ft.) for Lot 3, Tract K, Delray Park of Commerce by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. Attachments: Location Map and Site Plan MEETING OF: AGENDAITEM: JULY 19, 2004 IV. A. MASTER DEVELOPMENT PLAN MODIFICATION ASSOCIATED WITH A WAIVER TO THE 5,000 SQUARE FOOT TENANT BAY SIZE LIMIT WITHIN THE SERVICE INDUSTRY LAND USE DESIGNATION FOR LOT 3, TRACT "K", DELRAY PARK OF COMMERCE, LOCATED AT THE NORTHEAST CORNER OF NORTH CONGRESS AVENUE AND NW 17TM STREET (QUASI-JUDICIAL HEARING). The item before the Board is that of approval of a modification to a Master Development Plan associated with a waiver for Tract K, Delray Park of Commerce, in accordance with Land Development Regulations (LDR) Section 2.4.5(F)(7). Pursuant to LDR Section 2.2.2(E)(7), the Local Planning Agency (Planning and Zoning Board) has the authority to take final action on modifications to Master Development Plans. The Delray Park of Commerce contains 16 tracts (individual parcels) and is located at the northeast corner of Lake Ida Road and Congress Avenue. The subject property is Lot 3, Replat of Tract K, Delray Park of Commerce, which is located on the east side of NW 17th Avenue, north of Fountains Way and contains 2.01 acres. The Delray Park of Commerce has an extensive land use history. Since the establishment of the Park in 1985, there have been numerous master plan modifications that have been approved. Tract K is designated as Service Industry on the land use map component of the Master Development Plan. The following are the most recent land use actions that relate to Tract K. In 1990, the new owners of Tract K requested subdivision of the 5.11 acre tract into three (3) lots requiring a replat and Master Plan Modification. At its meeting of January 30, 1990, the City Commission approved the final plat. Lots I and 2 contain 1.551 acres each, and Lot 3 contains 2.01 acres. Twenty-five foot (25') ingress/egress easements were dedicated along the south property line of Lot 1, and the south property line of Lot 2. At its meeting of June 12, 1990, the City Commission approved a site plan on Lot 1 for Holsum Bakery (a distribution center). Holsum Bakery building was built pursuant to the site plan and is currently in operation. Then, on September 7, 1994, the Site Plan Review and Appearance Board approved a site plan on Lot 2 for the Sage Center (a 16,146 sq. ft. multi- Meeting Date: July 19, 2004 Agenda Item: IV. A. Planning & Zoning Board Memorandum Staff Report Lot 3, Tract "K", Delray Park of Commerce - Master Development Plan Modification Page 2 story service industry building). The Sage Center building was subsequently built pursuant to the site plan. At its meeting of November 13, 2002, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan, landscape plan and amhitectural elevations for a 22,500 sq. multi-bay service industry building on Lot 3 of Tract K. The first floor contains 17,700 sq.ft. and the second floor contains 4,800 sq.ft.. The development is currently under construction. Pursuant to LDR Section 4.4.18(B)(4)(Service Industry), assembly, fabrication, wholesale, and storage per Section 4.4.18(B)(2) is permitted when such use is limited to no more than 5,000 square feet per tenant. The property owner has a potential tenant (furniture wholesaler) to occupy four bays located at the north end of the building which will contain a total of approximately 5,408 sq.ft. As the tenant will exceed the 5,000 sq.ft, maximum, a master plan modification and waiver request to the above requirement have been submitted and are now before the Board for action. Waiver Analysis: Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or (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. Light industrial uses in the Service Industry component are limited to a maximum of 5,000 sq.ft. It appears the intent is to promote flexibility with regard to the allowing industrial uses while limiting their size. However, the limitation applies to tenant size, not use. Thus, it is possible that an entire Service Industry building could be occupied by industrial uses. Pursuant to the most recently approved Master Development Plan, the adjacent lot to the north is designated Service Industry (Sage Center) and the tract to the south is designated as Office Center. To the west, across Congress Avenue, is the Pines of Delray and to the east is the South Central Regional Waste Water Treatment Plant. Granting the requested waiver will not adversely affect these neighboring areas. The building is currently under construction and will have a store front appearance facing Congress Avenue. The waiver will enable the property owner to lease approximately 25% of the building to a use that exceeds the limitation by only 408 sq.ft., which is not excessive. The waiver will not diminish the provision of public facilities, or create an unsafe situation. Further, given the conditions under which this waiver is being sought, it is also reasonable to Planning & Zoning Board Memorandum Staff Report Lot 3, Tract "K", Delray Park of Commerce - Master Development Plan Modification Page 3 believe that the waiver would be granted elsewhere under similar cimumstances. Consequently, a positive finding with respect to LDR Section 2.4.7(B) (5) can be made. Special Requirements/Regulations: Pursuant to LDR Section 4.4.18(F) (1), property within the PCC zoning district shall be under unified control (an individual, partnership, joint venture or corporation; or group of individuals, partnerships, or corporations). Any rezoning, master development plan or site plan request shall include legal documents, acceptable to the City Attorney, which constitute evidence of unified control of the entire area within a PCC. Within the Delray Park of Commerce PCC, the Delray Park of Commerce Owners Association, Inc. exercises unified control of the PCC; therefore, the applicants must obtain approval from the Delray Park of Commerce Owners Association with respect to the modification and waiver request. A letter from the Association has been submitted supporting the waiver request. Pursuant to LDR Section 2.4.5(G) (5), a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with the approval of a modification to the MDP. The purpose and intent of the PCC zone district is to allow a mix of uses based on maximum land area in an industrial park setting, which is controlled through a Master Development Plan. All infrastructure improvements were installed in 1986. The proposed waiver does not significantly affect the originally approved master plan and will not impact level of service demands. Accordingly, positive findings with respect to all level of service standards can be made. The proposal waiver to LDR Section 4.4.18(B)(4), to allow the floor area for a light industrial use in the Service Industry land use component to exceed the 5,000 sq.ff, limitation (5,408 sq.ft.) can be supported based upon positive findings with respect to LDR Section 2.4.7(B) (5). The change is consistent with the original intent of the PCC. Positive findings can also be made with regard to LDR Section 2.4.5(G) (5), in that the proposal does not impact the previous positive findings. Continue with direction. Move approval of the Master Development Plan modification and recommended approval of the associated waiver for Lot 3, Tract K, Delray Park of Commerce by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G)(5) and 2.4.7(B)(5) of the Land Development Regulations, subject to conditions. Planning & Zoning Board Memorandum Staff Report Lot 3, Tract "K", Delray Park of Commerce - Master Development Plan Modification Page 4 Deny the the Master Development Plan modification and the associated waiver for Lot 3, Tract K, Delray Park of Commerce Congress Commerce Center, based upon a finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(G)(5) and 2.4.7(B)(5) of the Land Development Regulations. Waiver Request: Recommend to the City Commission, approval of the waiver to LDR Section 4.4.18(B)(4) to allow the floor area for a light industrial use in the Service Industry land use component to exceed the 5,000 sq.ft, limitation (5,408 sq.ft.) for Lot 3, Tract K, Delray Park of Commerce by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. Master Development Plan Modification: Move approval of the Master Development Plan modification for Lot 3, Tract K, Delray Park of Commerce by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(G)(5) and 4.4.18(D) of the Land Development Regulations. z N,W. 10TH ST. ALZHEIMER'S CARE CENTER PLAZA SOUTH CENTRAL REGIONAL WASTE WA TER TREA TMEN T FACILITY PARK (7) I DELRAY PARK OF COMMERCE TRACT - K / LOT 3 CLASS V SITE PLAN APPROVAL SITE ADDRESS: N/A SUPPLEMENTAL INFORMATION APPROXIMATE ACREAGE: 2.01 ABRIDGED LEAGAL DESCRIPTION: DELRAY PARK OF COMMERCE REPLAT, TR K - LOT 3 ZONING: PCC (PLANNED COMMERCE CENTER) FLUM: CMR (COMMERCE) EXISTING LAND USAGE; VACANT S TO: THRU: FROM: SUBJECT: . . O RECTOR Or & ZO...G ARO.SO.. PARK .G M^.^GEME.T SPEC,AL,ST MEETING OF AUGUST 3, 2004 - REGULAR AGENDA REVIEW A REQUEST FROM SHORE RESTAURANT PURCHASE OF TWO (2) IN-LIEU PARKING SPACES FOR THE Shore Restaurant, (f/k/a Pete's), located at 6 South Ocean Boulevard (SR AIA), has submitted a Class III site plan modification associated with the installation of a 205 square foot walk-in cooler and elevation changes associated with the restaurant LDR Section 4.6.9(B)(1)(c) requires that off-street parking be provided for any addition or enlargement of an existing building or use. Land Development Regulations (LDR) Section 4.4.13(G)(1)(d) requires the provision of six (6) parking spaces per 1,000 square feet of floor area. The addition of the 205 square foot cooler requires 2 parking spaces (205 sq. ft. / 1,000 = .205 x 6 = 1.23 which rounds up to 2 spaces). Due to site constraints, the applicant is unable to provide any on-site or off-site parking. Therefore, the applicant is requesting the purchase of two (2) in-lieu parking spaces at a cost of $14,000 each for a total of $28,000 to be paid in full upon issuance of a building permit. LDR Section 4.6.9(E)(3) states if it is impossible or inappropriate to provide the required on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking. As the request only involves two (2) spaces and it is impossible to provide any parking on-site, staff recommends approval of the applicant's request. At their meeting of July 8, 2004 the Community Redevelopment Agency unanimously approved the applicant's proposal. At their meeting of July 14, 2004 the Downtown Development Agency unanimously approved the applicant's proposal. At their meeting of July 27, 2004 the Parking Management Advisory Board unanimously recommended approval of the applicant's request. Move approval of the request from Shore Restaurant for the purchase of two (2) in-lieu spaces by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.9(E) of the LDRs. TO: THRU: FROM: DAV~.~RD~A~NAGER SUBJECT: MEETING OF AUGUST 3, 2004 - REGULAR AGENDA CONSIDERATION OF A REQUEST FROM HANDELSMAN YELLOW BUILDING f/k/a THE BLANK HOUSE FOR THE PURCHACE SIX (6) IN-LIEU PARKING SPACES Handelsman Yellow Building f/k/a the Blank House is located at 85 SE 6t~ Avenue on the northeast corner of SE 1st Street and northbound Federal Highway. The site currently contains a 2,137 sq. ft. restaurant with storage on the upper floor, an office building and an apartment building. The site plan approval of 1995 included a nine (9) space pea rock parking lot to be constructed on the southwest corner of the property. To date the parking lot has not been constructed. The applicant is seeking approval to replace the parking lot with a tea garden, provide three (3) parking spaces adjacent to the alley and purchase the remaining six (6) spaces pursuant to Land Development Regulations (LDR) Section 4.6.9(E)(3)(b)(2) at a cost of twelve thousand dollars ($12,000) per space for a total of seventy two thousand dollars ($72,000). This item was presented to the PMAB at the January 20, 2004 meeting and after significant discussion staff recommended a compromise of providing one (1) row of parking on the east side of the approved parking lot and converting the remaining west portion of the lot adjacent to SE 6th Avenue (Northbound Federal Highway) to a tea garden. The board tabled the request to allow the applicant to consider the recommendation. The applicant chose to proceed with the original site plan modification to eliminate the entire parking lot and replace it with a tea garden. At the City Commission meeting of April 13, 2004, a quasi-judicial hearing was held to consider the aforementioned request. The applicant was not present and the City Commission unanimously denied the applicant's request. At the City Commission meeting of May 18, 2004, Commissioner Costin made a motion to reconsider action taken at the April 13, 2004 meeting to afford the applicant an opportunity to present their case. The item was presented to the City Commission on June 22, 2004. After suggesting several alternative scenarios the City Commission tabled the item to the August 3, 2004 meeting. Attached for your review are a variety of alternatives suggested at the meeting. The applicant has submitted a letter of withdrawal and a copy is atached. While the adopted Downtown Delray Beach Master Plan discourages parking in the front of properties, provision of the parking is appropriate based upon the demand created by the uses on the parcel. While a 76 space City parking lot abuts the property to the north, the parking lot is heavily utilized during the evenings and weekends and is a parking lot where employees of area businesses are encouraged to park. Staff recommends denial of the applicant's request based on the following: 1. The applicant's failure to meet required findings pursuant to LDR Section 4.6.9(E) that it is impossible or inappropriate to provide the parking on site, AND 2 ~TORY 130.00' i 1AHO 2 6'lrOFIY APA/::ITMENT~ 150.00' '1 ST. i HANDELSMAN YELLOW BUILDING APPROVED SITE PLAN TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER PAUL DORLING, DIRECTOR OF PLANNING & ZONING SCO'YrARONSON, PARKING MANAGEMENT SPECIALIST MEETING OF APRIL 13, 2004 - REGULAR AGENDA REVIEW A REQUEST FROM HANDELSMAN YELLOW BUILDING ~a THE BLANK HOUSE FOR THE PURCHASE OF SIX (6) IN-LIEU PARKING SPACES Handelsman Yellow Building f/k/a the Blank House is located at 85 SE 6th Avenue on the nodheast corner of SE 1st Street and northbound Federal Highway. The site currently contains a 2,137 sq. ft. restaurant with storage on the upper floor, an office building and an apartment building. The site plan approval of 1995 included a nine (9) space pea rock parking lot to be constructed on the southwest corner of the property. To date the parking lot has not been constructed. The applicant is seeking approval to replace the parking lot with a tea garden, provide three (3) parking spaces adjacent to the alley and purchase the remaining six (6) spaces pursuant to Land Development Regulations (LDR) Section 4.6.9(E)(3)(b)(2) at a cost of twelve thousand dollars ($12,000) per space for a total of seventy two thousand dollars ($72,000). This item was presented to the PMAB at the January 20, 2004 meeting and after significant discussion staff recommended a compromise of providing one (1) row of parking on the east side of the approved parking lot and converting the remaining west portion of the lot adjacent to SE 6th Avenue (Northbound Federal Highway) to a tea garden. The board tabled the request to allow the applicant to consider the recommendation. The applicant has chosen to proceed with the original site plan modification to eliminate the entire parking lot and replace it with a tea garden. While the adopted Downtown Delray Beach Master Plan discourages parking in the front of properties, provision of the parking is appropriate based upon the demand created by the uses on the parcel. While a 76 -space City parking lot abuts the property to the nodh, the parking lot is heavily utilized during the evenings and weekends and is a parking lot where employees of area businesses are encouraged to park. Staff recommended denial of the applicant's request based on the following: 1. The applicant's failure to meet required findings pursuant to LDR Section 4.6.9(E) that it is impossible or inappropriate to provide the parking on site, 2. The potential problems for the residents of the property competing for parking with the general public and 3. A reasonable compromise was offered which would drastically reduce the number of in-lieu parking spaces requested while providing the enhanced aesthetic value to this 3rominent intersection in accordance with the Downtown Master Plan. At their meeting of January 7, 2004 the Historic Preservation Board (HPB) tabled this request suggesting that the applicant demolish the existing office building at the northeast corner and provide the parking adjacent to the alley. At their meeting of February 4, 2004 the HPB approved the applicant's request in 4 - 2 vote (Miller and Sexton dissenting). The Parking Management Advisory Board at their meeting of March 23, 2004 recommended approval of the applicant's request in a 6 - 4 vote (Ramos, Poli, Sacharow and Lierle dissenting). Board discretion. Attachment: Proposed and Approved Site Plan 30.00' i 1ST :/ I HANDELSMAN YELLOW BUILDING BLMLDING IH t.lO. O0' EXISTING ~TOR¥ OFFtC~ 1AHO 2 b~-ORY AP~ (e6~t. 6~3, 6t5) 130.00' i 1ANO 2 STORY APARTMENTS (~1, 613, 6L5) Q i -23.34 S.E. 1SF ST. i HANDELSMAN YELLOW BUILDING 130.00' I ANO 2 STORY EXISTING STORY OFf=ICE i 1AND 2 STORY APARTMENTS 0?/30/2004 12:27 5G12707041 DIGB¥ BRIDGES MARSH PAGE Suly 30, 2004. DIGBY BRIDGES, Mma & Ass0,.car s, Paul Doffing Director of Plaraing and Zonin8 City of Ddray Beach 100 NE 1 ~ Ave. Delray Beach, FL 33444 RE: The Blank House "The Ye[Iow House" Dear Paul: This is to confirm that our client Mr. Bcrt Handlesman wishes to withdraw his application r~gards to the 'in lieu ofParkiflg~' rcqu~t. Kindest Regards, Digby Bridges, Marsh & Associates, Inc. · . Digby C. Bridle, AIA, RIBA David T. Harden, City Manaser Scott Aronson, Parking Management Specialist 124 N.Z. fifth ?.venue, l)elr~[ Beach. Florids .~483 407/2784388 P~Zm l~ea~h: 736-58fifi Fax: ~i0'L'278.7841 ~[ANTIC ~iAV~ENUEj h ~U I:ITV OF DELRrlV BEI:Ii:H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243 7090 · FACSIMILE 561/278-4755 DELRAY BEACH DATE: TO: Wdter's Direct Line: 561/243-7091 MEMORANDUM July 22, 2004 City Commission David Harden, City Manager Chief Kerry Koen, Delray Beach Fire Department FROM: Susan A. Ruby, City Attorney SUBJECT: Fire-Rescue- Countywide Level of Service Resolutions The County Commission has indicated that a referendum will be held regarding a charter amendment giving authority to the County Commission to establish countywide level of service standards for fire rescue services, unless cities adopt a model resolution which makes no changes to the resolution or Exhibit "A" thereto. The City, however, may add the language "subject to budget and appropriate" to the resolution. The County has stated that the cities must pass the resolution and transmit it to the County no later than August 17, 2004. The resolution meeting the County requirement is attached as Resolution No. 60-04 - A. Prior to the County's decision expressed above, City Staff met to try to further amend the previously adopted resolution, making as few changes as possible. That Resolution is No. 60-04-B (see attached). This resolution contains changes not authorized by the County's most recent decision. By copy to Chevelle Nubin, our office requests that both resolutions be placed on the August 3, 2004 City Commission agenda in order that the City Commission may determine which resolution, if any, they choose to adopt. Attachments RESOLUTION NO. 60-04-A A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, COMMITTING TO COMPLY WITH MINIMUM FIRE-RESCUE LEVEL OF SERVICE STANDARDS. WHEREAS, representatives of Palm Beach County ("the County") and the municipalities within the County ("the Cities") have engaged in extensive discussions regarding the implementation of countywide minimum fire-rescue level of service standards; and WHEREAS, the County and the Cities have determined that the provision of fire and emergency medical services is a fundamental governmental service that affects the basic life, health, and safety of their residents and visitors; and WHEREAS, the County and the Cities desire to voluntarily implement a countywide minimum level of service for all fire-rescue providers; and WHEREAS, representatives of the County and the Cities have met, conferred, and established the criteria for a minimum level of fire-rescue service; and WHEREAS, the County and the Cities have agreed on a five year implementation plan that includes a three year voluntary program to comply with all criteria except sub paragraphs V-D, E and F; and WHEREAS, the County and the Cities have agreed to coordinate their progress and status in implementing the level of service standards through the Fire-Rescue Level of Service Committee, whose membership is comprised of both municipal and county representatives. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach, Florida, will comply, subject to bud.qet and appropriation by the City Commission, with the minimum Level of Service standards as outlined and modified in Exhibit A ("Countywide Minimum Level of Service For Fire-Rescue"), attached hereto and made a part hereof. .Section 2. That all resolutions or parts of resolutions in conflict herewith be, and the same are hereby repealed. PASSED this __ day of ,2004 by the City of Delray Beach, Florida. ATTEST: MAYOR City Clerk 7/22/04 COUNTYWIDE MINIMUM LEVEL OF SERVICE FOR FIRE-RESCUE This countywide minimum level of service applies to all agencies providing fire-rescue services in Palm Beach County. A nine-member "Fire-Rescue Level of Service Committee," appointed by the Board of County Commissioners, in cooperation with municipalities, will serve in an advisory capacity to assist in the implementation of the standard. This nine-member committee shall be comprised off Seat Category Term 1 County Administrator (or designee) Permanent Chairman 2 City Manager (small city) 1 year initial; 3 years thereafter 3 City Manager (large city) 2 year initial; 3 years thereafter 4 City Fire Chief (small city) 2 year initial; 3 years thereafter 5 City Fire Chief (large city) 1 year initial; 3 years thereafter 6 County Fire Chief permanent 7 Labor representative 1 year initial; 3 years thereafter 8 Fire-Rescue Advisory Board member 2 year initial; 3 years thereafter 9 EMS Council 2 year initial; 3 years thereafter It is the intent of this committee to be advisory in nature to assist with the implementation of the minimum Level of Service standard as well as to establish a timeline and work plan for the development of a common dispatch system in Palm Beach County that could provide closest unit response capability. The Committee will serve as a technical reviewing body on all fire-rescue providers' plans to comply with the proposed Level of Service standard and advise the Board of County Commissioners on a quarterly basis on the progress toward compliance. Each provider will have three years to voluntarily comply with the LOS standard. If at the end of that period, all municipalities are not in compliance, the Board of County Commissioners will revisit the issue. All municipalities and County government will have until July 1, 2004 in order to adopt a resolution indicating their willingness to voluntarily comply with the proposed Level of Service. Notwithstanding the three-year voluntary implementation process described above, all providers shall comply with the Level of Service standard, not later than October 1, 2007. Functions of the Fire-Rescue Level of Service Committee are: - review and approve a model resolution to be approved by County government and all municipalities to voluntarily comply with the proposed LOS standard; - advocate the adoption/implementation of the proposed minimum LOS; - assist providers in developing action plans to meet the minimum LOS; - review initial reports submitted by all agencies; LEVEL OF SERVICE CRITERIA, 60-04A revised 7/22/04 Page 1 - review action plans of those not in compliance and prepare quarterly progress reports to the Board of County Commissioners; - review partnering arrangements to determine if they meet standards; - review compliance reports; - provide feedback reports, with specific recommendations to non-complying providers. - serve as a central collection point for reviewing updated standards and determining inclusion into Palm Beach County standards; Standards: The Committee will have no ongoing responsibility for standards and laws established by local, state and federal governments. The standards and laws included in this document are for reference purposes only. However, at the time an agency submits its compliance report, it shall attest to its overall compliance with all local state and federal regulations. On October 1, 2007, whatever edition of referenced standards that are in effect will be the baseline standard. Amendments to any referenced standard will be reviewed by the Committee within 6 months of their adoption to determine whether they should be incorporated into Palm Beach County Standards. Whenever reviewing amended standards for possible adoption, the Committee shall provide a sixty-day public comment period, followed by a public heating, and then adoption of such standard. Consultant: The Committee has the authority to recommend to the Board of County Commissioners to contract with a Fire and EMS expert to assist in the initial review of compliance reports and implementation plans. Said consultant would provide professional expertise to those agencies required to develop and implement a compliance plan, if requested by that agency. Listed below are the specific criteria established as a minimum to be a provider of fire-rescue service in Palm Beach County. STAFFING A. Daily staffing should be no less than 11 personnel: 1. 2 engines/quints (staffed with 3 each) 2. 2 ALS transport units (staffed with 2 each - FS, Chapter 401.25(7b), 2002 compliant) 3. 1 officer (Incident Commander) (a) Minimum staffing may be accomplished through partnering with another provider, through interlocal agreement, as long as all partners are under a single dispatch/communications system, or separate, fully-integrated dispatch centers with common communications capabilities, which includes closest unit response between the parmering agencies, operate on the scene utilizing the same Standard Operating Guidelines, and utilize the Incident Management System, as adopted by the Palm Beach County Fire Chiefs Association. (b) Altemative deployment strategies for personnel and equipment submitted as equivalencies to this standard must be reviewed and considered for approval by the Committee. LEVEL OF SERVICE CRITERIA, 60-04A revised 7/22/04 Page 2 II. B. Each provider will employ or contract with a State Certified Fire Inspector, as outlined in FS, Chapter 633.081, 2002 references: Florida Statutes, Chapter 401.25(7b), 2002 Florida Statutes, Chapter 633.081, 2002 Incident Management System, as adopted by PBC Fire Chiefs Assn APPARATUS/EQUIPMENT A. All fire engines/quints, as a minimum, shall be Class A pumpers, and shall meet NFPA Standard 1901, 1999 edition, plus 1. carry adequate adaptors to provide continuous fire flow to neighboring jurisdictions 2. carry or have available at the emergency scene hydraulic equipment capable of releasing entrapped victims. B. All ALS transport units shall meet State Licensing requirements 1. transport capable (meeting FS 401) 2. equipment to meet FS 401 for ALS transport (Admin Code 64E2, revised November, 2002) III. TRAINING/CERTIFICATION OF PERSONNEL A. Basic (FF II, EMT) [Note: Strategies to certify FF I's to FF II level and non- EMT's to EMT level should be included in an Agency's compliance plan.] B. Paramedic C. Hazardous Materials (Operational Level) D. Supervisors - Incident Command Training (per IMS adopted by PBC Fire Chiefs) E. State Certified Municipal Fire Inspector Certification (for at least 1 employee or outside contractor) F. Emergency Medical Dispatch Training (for dispatchers), Utilizing certification available through; A.P.C.O., Medical Priorities, or Powerphone. references: EMS Ordinance #01-25 Regional Haz Mat Ordinance #01-27 Incident Management System, as adopted by Palm Beach County Fire Chiefs Association 29 CFR 1910, July, 2001 edition COMMUNICATIONS A. CAD systems that produce standardized data (implementation to be in accordance with Section V) B. Synchronization of clocks C. Emergency Medical Dispatch and pre-arrival instructions D. Policies & Procedures to capture response time elements E. Records Management System, standard reports F. interoperability with other systems in the County (at a minimum each operational unit shall have access to the County-Wide, 800 MHz mutual aid talk groups) references: Incident Management System, as adopted by Palm Beach County Fire Chiefs Association NFPA 1221, 1999 edition LEVEL OF SERVICE CRITERIA, 60-04A revised 7/22/04 Page 3 RESPONSE TIME/PERFORMANCE A. uniform response time elements will be alarm handling, turnout time and travel time, for all responding emergency units B. all providers shall respond to all emergency fire and medical calls in an average of 8 minutes total response time C. by March 1, 2007, the Committee shall identify exclusions of call groups for response time reporting (i.e., Code 1 responses and mutual aid responses) D. by October 1, 2007, each provider will have a CAD system that captures all established time elements, as identified and adopted by the Committee E. by October 1, 2008, each provider will report all established time elements to the Committee on a quarterly basis. F. by October 1, 2009, the Committee will establish a response time standard which will become part of the compliance requirements. references: EMS Ordinance #01-25 and Rules & Regulations Haz Mat Ordinance #01-27 VI. INCIDENT MANAGEMENT All agencies shall adopt and utilize the Palm Beach County Fire Chiefs Association Incident Management System, with appendices. references: Incident Management System, as adopted by the Palm Beach County Fire Chiefs Association Chapter 633, Florida Statutes, 2002 Florida Administrative Code 4A-62, revised November, 2001 29 CFR 1910.134, July 2001 edition NFPA 1500, 1997 edition NFPA 1710, 2001 edition LEVEL OF SERVICE CRITERIA, 60-04A revised 7/22/04 Page 4 RESOLUTION NO. 60-04-B A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, COMMITTING TO COMPLY WITH MINIMUM FIRE-RESCUE LEVEL OF SERVICE STANDARDS. WHEREAS, representatives of Palm Beach County ("the County") and the municipalities within the County ("the Cities") have engaged in extensive discussions regarding the voluntary implementation of countywide minimum fire-rescue level of service standards; and WHEREAS, the County and the Cities have determined that the provision of fire and emergency medical services is a fundamental governmental service that affects the basic life, health, and safety of their residents and visitors; and WHEREAS, the County and the Cities desire to voluntarily implement a countywide minimum level of service for all fire-rescue providers; and WHEREAS, representatives of the County and the Cities have met, conferred, and established the criteria for a minimum level of fire-rescue service; and WHEREAS, the County and the Cities have agreed on a five year implementation plan that includes a three year voluntary program to comply with all criteria except sub paragraphs V-D, E and F; and WHEREAS, the County and the Cities have agreed to coordinate their progress and status in implementing the level of service standards through the Fire-Rescue Level of Service Committee, whose membership is comprised of both municipal and county representatives. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach, Florida, will comply, subject to budget and appropriation by the City Commission, with the minimum Level of Service standards as outlined and modified in Exhibit A ("Countywide Minimum Level of Service For Fire-Rescue"), attached hereto and made a part hereof. Section 2. That all resolutions or parts of resolutions in conflict herewith be, and the same are hereby repealed. PASSED this day of ,2004 by the City of Delray Beach, Florida. ATTEST: MAYOR City Clerk 7~2~4 COUNTYWIDE MINIMUM LEVEL OF SERVICE FOR FIRE-RESCUE This countywide minimum level of service applies to all agencies providing fire-rescue services in Palm Beach County. A nine-member "Fire-Rescue Level of Service Committee," appointed by the Board of County Commissioners, in cooperation with municipalities, will serve in an advisory capacity to assist in the implementation of the standard. This nine-member committee shall be comprised of: Seat Category Term 1 County Administrator (or designee) Permanent Chairman 2 City Manager (small city) I year initial; 3 years thereafter 3 City Manager (large city) 2 year initial; 3 years thereafter 4 City Fire Chief(small city) 2 year initial; 3 years thereafter 5 City Fire Chief (large city) 1 year initial; 3 years thereafter 6 County Fire Chief permanent 7 Labor representative 1 year initial; 3 years thereafter 8 Fire-Rescue Advisory Board member 2 year initial; 3 years thereafter 9 EMS Council 2 year initial; 3 years thereafter It is the intent of this committee to be advisory in nature to assist with the implementation of the minimum Level of Service standard as well as to establish a develop a possible timeline and work plan for the development of a common dispatch system in Palm Beach County that could provide closest unit response capability. The Committee will serve as a technical reviewing body on all fire-rescue providers' plans to comply with the proposed Level of Service standard and advise the Board of County Commissioners on a quarterly basis on the progress toward compliance. Each provider will have three years to voluntarily comply with the LOS standard. If at the end of that period, all municipalities are not in compliance, the Board of County Commissioners will I revisit the issue. All municipalities and County government will have until July ~ ,2004 in order to adopt a resolution indicating their willingness to voluntarily comply with the proposed Level of Service within 3 years of the passage of the resolution. Notwithstanding the three-year voluntary implementation process described above, all providers shall comply with the Level of Service standard as set forth herein, not later than October 1, 2007. Functions of the Fire-Rescue Level of Service Committee are: - review and approve a model resolution to be approved by County government and all municipalities to voluntarily comply with the proposed LOS standard; - advocate the adoption/implementation of the proposed minimum LOS; - assist providers in developing action plans to meet the minimum LOS; - review initial reports submitted by all agencies; LEVEL OF SERVICE CRITERIA, Ex. A to Res. 60-04B 7/22/04 Page 1 - review action plans of those not in compliance and prepare quarterly progress reports to the Board of County Commissioners; - review partnering arrangements to determine if they meet standards; - review compliance reports; - provide feedback reports, with specific recommendations to non-complying providers. ~ serve as a central collection point for reviewing updated standards and determining inclusion into Palm Beach County standards; Standards: The Committee will have no ongoing responsibility for standards and laws established by local, state and federal governments. The standards and laws included in this document are for reference purposes only. However, at the time an agency submits its compliance report, it shall attest to its overall compliance with all local state and federal regulations. On October 1, 2007, whatever edition of referenced standards that are in effect will be the baseline standard. Amendments to any referenced standard will be reviewed by the Committee within 6 months of their adoption to determine whether they should be incorporated into Palm Beach County Standards. Whenever reviewing amended standards for possible adoption, the Committee shall provide a sixty-day public comment period, followed by a public hearing, and th~n a~c, pt~cn cf such standar~ obtain the consent of each city before including the standard as part of the LOS requirements. Consultant: The Committee has the authority to recommend to the Board of County Commissioners to contract with a Fire and EMS expert to assist in the initial review of compliance reports and implementation plans. Said consultant would provide professional expertise to those agencies required to develop and implement a compliance plan, if requested by that agency. Listed below are the specific criteria established as a minimum to be a provider of fire-rescue service in Palm Beach County. The following criteria are subiect to budget and appropriations. STAFFING A. Daily staffing should be no less than 11 personnel: 1. 2 engines/quints (staffed with 3 each) 2. 2 ALS transport units (staffed with 2 each - FS, Chapter 401.25(7b), 2002 compliant) 3. 1 officer (Incident Commander) (a) Minimum staffing may be accomplished through partnering with another provider, through interlocal agreement, as long as all partners are under a single dispatch/communications system, or separate, fully-integrated dispatch centers with common communications capabilities, which includes closest unit response between the partnering agencies, operate on the scene utilizing the same Standard Operating Guidelines, and utilize the Incident Management System, as adopted by the Palm Beach County Fire Chiefs Association. (b) Alternative deployment strategies for personnel and equipment submitted as equivalencies to this standard must be reviewed and considered for approval by the Committee. LEVEL OF SERVICE CRITERIA, Ex. A to Res. 60-04B 7/22/04 Page 2 II. III. Each provider will employ or contract with a State Certified Fire Inspector, as outlined in FS, Chapter 633.081, 2002 references: Florida Statutes, Chapter 401.25(7b), 2002 Florida Statutes, Chapter 633.081, 2002 Incident Management System, as adopted by PBC Fire Chiefs Assn APPARATUS/EQUIPMENT A. All fire engines/quints, as a minimum, shall be Class A pumpers, and shall meet NFPA Standard 1901, 1999 edition, plus 1. carry adequate adaptors to provide continuous fire flow to neighboring jurisdictions 2. carry or have available at the emergency scene hydraulic equipment capable of releasing entrapped victims. B. All ALS transport units shall meet State Licensing requirements 1. transport capable (meeting FS 401) 2. equipment to meet FS 401 for ALS transport (Admin Code 64E2, revised November, 2002) TRAINING/CERTIFICATION OF PERSONNEL A. Basic (FF II, EMT) [Note: Strategies to certify FF I's to FF II level and non- EMT's to EMT level should be included in an Agency's compliance plan.] B. Paramedic C. Hazardous Materials (Operational Level) D. Supervisors - Incident Command Training (per IMS adopted by PBC Fire Chiefs) E. State Certified Municipal Fire Inspector Certification (for at least 1 employee or outside contractor) F. Emergency Medical Dispatch Training (for dispatchers), Utilizing certification available through; A.P.C.O., Medical Priorities, or Powerphone. references: EMS Ordinance #01-25 Regional Haz Mat Ordinance #01-27 Incident Management System, as adopted by Palm Beach County Fire Chiefs Association 29 CFR 1910, July, 2001 edition COMMUNICATIONS A. CAD systems that produce standardized data (implementation to be in accordance with Section V) B. Synchronization of clocks C. Emergency Medical Dispatch and pre-arrival instructions D. Policies & Procedures to capture response time elements E. Records Management System, standard reports F. interoperability with other systems in the County (at a minimum each operational unit shall have access to the County-Wide, 800 MHz mutual aid talk groups) references: Incident Management System, as adopted by Palm Beach County Fire Chiefs Association LEVEL OF SERVICE CRITERIA, Ex. A to Res. 60-04B 7/22/04 Page 3 NFPA 1221, 1999 edition RESPONSE TIME/PERFORMANCE A. uniform response time elements will be alarm handling, turnout time and travel time, for all responding emergency units B. all providers shall respond to all emergency fire and medical calls in an average of 8 minutes total response time C. by March 1, 2007, the Committee shall identify exclusions of call groups for response time reporting (i.e., Code 1 responses and mutual aid responses) D. by October 1, 2007, the Committee will identify cae5 providers wi!! that do not have a CAD system that captures all established time elements, as identified and adopted by the Committee, and develop a plan for such providers to install a CAD system which does capture such time elements. E. by October 1, 2008, each provider will report all established time elements to the C iu....... 11' ~ si po fth C itt omm ee e,n~ - ,~ ......v a ~ u n request o e omm ee. F. by October 1, 2009, the Committee will zgtaLlig5 a recommend a revised response time standard ...u:~. _T:,, u ....... ~+ ~c +u ..... ,~ ......... : ..... +~ references: EMS Ordinance #01-25 and Rules & Regulations Haz Mat Ordinance #01-27 VI. INCIDENT MANAGEMENT All agencies shall adopt and utilize the Palm Beach County Fire Chiefs Association Incident Management System, with appendices. references: Incident Management System, as adopted by the Palm Beach County Fire Chiefs Association Chapter 633, Florida Statutes, 2002 Florida Administrative Code 4A-62, revised November, 2001 29 CFR 1910.134, July 2001 edition NFPA 1500, 1997 edition NFPA 1710, 2001 edition LEVEL OF SERVICE CRITERIA, revised 7/20/04 Page 4 League of Cities' LOS Resolutions LIST as of 8/3/04; 11 AM Cities That Have Passed Fire Rescue L.O.S. Resolutions Meeting Intent & Anticipated Actions of Remaining Cities PASSED L.O.S. RESOLUTIONS RESOLUTIONS NOT YET Next Date of DEEMED MEETING INTENT MEETING INTENT or NOT Action for *With Budget/Approp~ation Clause* YET ADOPTED NEW Adopting Revised (Date of action where after July 1) RESOLUTIONS Resolutions Haverhill Belle Glade 08-02-04 Juno Beach Boca Raton Jupiter Briny Breezes Lake Park Cloud Lake 08-12-04 Boynton Beach* Delray Beach 08-03-04 Greenacres* Glen Ridge 08-11-04 Hypoluxo* Gulfstream 08-13 -04 Lake Worth* Highland Beach 08-03-04 Tequesta Jupiter Inlet Colony 08-02-04 Wellington Lake Clarke Shores 08-03-04 Atlantis (7-21-04)* North Palm Beach 08-12-04 Pahokee (7-13-04) Palm Beach Gardens 08-05-04 Palm Springs (7-22-04)* Palm Beach 08-08-04 Mangonia Park (7-27-04)* Royal Palm Beach 08-05-04 Lantana (7-26-04)* South Bay 08-03-04 South Palm Beach (7-27-04)* Manalapan (7-27-04)* Golf (7-28-04)* Riviera Beach (7-14-04)* West Palm Beach (08-02-04)* Palm Beach Shores (08-02-04)* Ocean Ridge (08-02-04)* [lTV OF DELRI:I¥ BEI1[H CITY ATTORNEY'S OFFICE 200 NW Ist AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH al.ka~l City Writer's Direct Line: 561/243-7091 MEMORANDUM DATE: July 29, 2004 TO: FROM: David Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Amendment No. 2 to the A,qreement with Match Point The attached amendment to the Match Point Agreement allows Match Point to seek funds from Palm Beach County. Previously, the wording precluded any funds going to Match Point other than those funds from the Convention Business Bureau. It is my understanding, after speaking with Brahm Dubin and Mark Baron that there are certain grant funds available, from the County, to an entity like Match Point but not to a municipality~ This amendment does not prevent the City from requesting funds from the County but only clarifies that Match Point shall receive those funds that it applies for directly from the County. Please let me know if you have any comments on this proposed amendment. Attachment AMENDMENT NO. 2 TO THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT~ INC. THIS AMENDMENT NO. 2 to the Amended and Restated Agreement between the CITY OF DELRAY BEACH (CITY) and MATCH POINT, INC. (MP) is made this __ day of ,200_. WITNESSETH: WHEREAS, the CITY and MP entered into an Amended and Restated Agreement dated January 23, 2003 (the Agreement); WHEREAS, the CITY and MP amended the Agreement on January 14, 2004; WHEREAS, the Agreement currently calls for any funds received from Palm Beach County, excluding funds received from the Convention Business Bureau, to be retained by the CITY; WHEREAS, MP has requested to have this provision deleted as it precludes MP from receiving funds from Palm Beach County that may only be obtained by MP and not the CITY; WHEREAS, the deletion of this sentence would not prevent the CITY from seeking or obtaining funds from Palm Beach County. NOW, THEREFORE, for good and valuable consideration, herein provided, the CITY and MP agree as follows: herein. 2. as follows: B. The recitations set forth above are hereby incorporated as if fully set forth Section 3.01, Payments and Revenue, Subsection (B) is hereby amended The CITY shall retain all proceeds from Palm Beach County regarding this Event, however, excluding any proceeds from the convention Business Bureau and excluding any funds that are a result of an aoolication made directly by MP to Palm Beach County. The CITY shall also retain any revenue received from parking, excluding valet service offered by MP. 3. The original agreement dated January 23, 2003, Amendment No. I dated January 14, 2004 and this Amendment No. 2, constitute the entire agreement between the parties with respect to the subject matter hereof and supercedes all prior verbal or written agreements between the parties with respect thereto. 4. This Amendment No. 2 to the Amended and Restated Agreement shall be effective upon the approval by the CITY and by MP. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. I the day and year first above written. ATTEST: By: City Clerk Approved as to legal sufficiency and form: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Jeff Periman, Mayor WITNESSES: Pdnt Name: j-L, ~.~, ~ ~,,,.,~\ MATCH POINT, INC. ~ Title: STATE OF FLORIDA COUNTY OF PALM BEACH as corporation. He/6he The foregoing instrument was acknowledged before me this Z.o~ day of , 200~__, by '~F~ /r~°'~°~'~ ' /~/'-~L~-; O/~,w-~' (name of officer or agent, title of officer or agent), of /~cl ~LC}') /C)r)~,,~, .~C- (name of corporation acknowledging), a F/c~r' i (~(x_ (st. ate or place of incorporation) corporation, on behalf of the is personally known to me ~ ~ Public ~State of FJ~ida ~ ~' DD135747 3 City of Delray Beach Community Development Division MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David T. Harden, City Manager Lula Butler, Director of Community Improvement Kendra W. Graham, C.D. Administrator ~(( July 30, 2004 2004-2005 Florida Department of Children and Families Block Grant for Prevention and Treatment of Substance Abuse Funding Agreement - Community Child Care Center ITEM BEFORE CITY COMMISSION Approval is requested to execute a contract with the Community Child Care Center for the provision of substance abuse prevention services. BACKGROUND On June 21, 2004, the City of Delray Beach entered into a contract with the Florida Department of Children and Families (DCF) for the provision of community-based substance abuse and mental health prevention services to children and adults. The term of the contract is July 1, 2004 through June 30, 2005. Funding under the contract for the Children's Substance Abuse (CSA) program is $122,637 and $40,000 for the Adult Substance Abuse (ASA) program. DCF contract provisions require that any subcontracts be evidenced by a written agreement prior to the disbursement of funds, specifying the work to be performed and reporting requirements, among other necessary requirements and governing provisions. This agreement has been developed in accordance with the stated regulations and has been reviewed and approved by the City Attorney for legal sufficiency and form. RECOMMENDATION Staff recommends approval and execution of the attached agreement in the amount of $162,637. AGREEMENT THIS AGREEMENT, made this __ day of ., 2004, by and between the CITY OF DELRAY BEACH, a municipal corporation, (City), 100 NW 1st Avenue, Delray Beach, FL 33444 and COMMUNITY CHILD CARE CENTER, (CCCC) of Delray Beach, 555 NW 4th Street, Delray Beach, FL 33444. V~ITNESSETH: WHEREAS, the City received a grant from the Florida Department of Children and Families (DCF) to provide community based substance abuse and mental health services to adults and children; and WHEREAS, the City desires to subcontract with the Community Child Care Center (CCCC), a local not-for profit organization, to carry out the activities described in the grant award agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency which are hereby acknowledged, the parties hereby agree as follows: Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them as if fully set forth in this Agreement. Term: This agreement shall commence upon execution by both parties and terminate on June 30, 2005. This Agreement shall be contingent upon the City's receipt of grant money from DCF. Payment: Subject to Paragraph 2 above, transfers from the City to CCCC will be made in accordance with the following procedures: a) The City agrees to reimburse to CCCC for provision of services described in Exhibit "A" (Agreement between the City and DCF). It is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by CCCC shall be provided in compliance with all terms and conditions set forth in Exhibit "A", as well as the terms and conditions of this formal Agreement between the City and CCCC. b) The total payments for services rendered pursuant to this Agreement shall be up to the amount of $162,637.00, for services rendered from July 1, 2004 through June 30, 2005, made to CCCC monthly on a reimbursement basis. CCCC shall submit an invoice to the City by the 10th day of each month following the month in which the services were provided. The invoice will include documentation reflecting all expenditures made by CCCC under this Agreement, in whatever form reasonably required by City. Subject to the availability of funds, the City will provide reimbursement to CCCC within 30 days after receipt of the invoice. CCCC shall submit a final invoice to the 6 City no later than June 30, 2005 (with appropriate documentation). The City will not reimburse CCCC for any expenditure made by CCCC under this Agreement that is submitted after June 30, 2005. The City has the discretion to decrease CCCC's allocation based upon the program's inability to meet the parameters outlined in the program model and/or the inability to maintain program capacity based upon quarterly reviews. Overpayment: CCCC agrees to return to the City any overpayments made through inadvertence or miscalculation or because payment is disallowed as not having been properly earned under this Agreement. Such funds shall be refunded in full by CCCC to the City as follows: Within twenty (20) days from the date of written notification by the City to CCCC of overpayment or disallowance; or Within thirty (30) days following the end of this Agreement. The City shall have the right to deduct from any subsequent payment request submitted by CCCC, the amount of any overpayments or disallowed funds. Suspension of Payment of Funds: The City may, for reasonable cause, suspend the payment of funds pending corrective action by CCCC or pending a decision by the City to terminate this Agreement. The City may, for reasonable cause, prohibit CCCC from incurring additional obligation of any funds received from the City, pending corrective action by CCCC or a decision to terminate this Agreement. Said suspension of payment of funds or obligation thereof may apply to all or part of CCCC's operations funded by the City. CCCC agrees to comply with all documentation requirements as required by Exhibit "A" and any terms and conditions of this Agreement. The CCCC agrees to provide program data on a quarterly basis, and in a format as requested by the City, as well as fiscal reports as requested by City. Indemnification: CCCC shall defend, indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from the Contract or from work done by CCCC or its subcontractors in the performance of the Contract except to the extent caused by the sole negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, to approve counsel obtained by CCCC. The parties understand that the City does not waive its sovereign immunity under Fla. Stat. {}768.28. 2 10. 11. 12. 13. Independent Contractor: CCCC is performing the services and duties required hereunder as a non-profit partner of the City of Delray Beach but they are an independent contractor and not an employee of the City. CCCC shall assume sole and exclusive responsibility for the payment of wages to all employees for services performed by them under this Agreement. CCCC shall, with respect to said employees, be responsible for withholding federal income taxes, paying federal social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. Insurance: CCCC shall provide the City with Comprehensive General Liability Insurance in the amount of $1,000,000.00 per occurrence naming the City as an additional insured, with a thirty (30) days notice of cancellation provision. CCCC shall provide Worker's Compensation Insurance as required by law and Automobile Insurance in the amount of $500,000.00, naming the City as an additional insured. Notices: All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: Forthe City: David Harden, City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 For CCCC: Nancy K. Hurd, Executive Director Community Child Care Center of Delray Beach, Inc. Full Time School Age Programming (-3111) 555 NW 4th Street Delray Beach, FL 33444 Venue/Laws. This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction which either party may claim by virtue of residency. Termination: In the event funds to finance this Agreement become unavailable to the City, the City may terminate this Agreement upon no less than five (5) days written notice to CCCC. The City shall be the final authority as to the availability of funds. Notwithstanding any other provision of this Agreement, the City may terminate this Agreement for any breach by CCCC. If the City intends to terminate this Agreement, notice shall be provided in writing to CCCC no less than twenty-four (24) hours prior to the effective date of the termination. The City's failure to terminate or suspend a CCCC for past breaches of this Agreement shall be construed as a waiver of its right to demand strict compliance with the terms of the Agreement or to terminate for said breaches or similar breaches, and shall not be construed to be a modification of the terms of the Agreement. In addition, CCCC and the City may terminate this contract with or without cause provided that CCCC or City shall give sixty (60) days notice in writing to City or CCCC. The City shall reimburse CCCC for all monies CCCC has expended up to and including the effective date of the termination and CCCC shall do the same. 14. Entire Agreement. This Agreement along with Exhibit "A", attached hereto, shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understanding and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. 15. Assignment or Transfer. This Agreement may not be assigned or transferred by CCCC in whole or part without the written consent of the City. 1N WITNESS WHEREOF, the parties have entered into this Agreement on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk Approved as to Legal Form: City Attorney WITNESS: Signature Print Name Signature Print Name By: .left Perlman, Mayor COMMUNITY CHILD CARE CENTER By: Nancy Hurd, Executive Director MYDELRA YBEA CI-L COM City of Delray Beach Administrative Services Memorandum TO: FROM: SUBJECT: David T. Harden, City Manager ~ Robert A. Barcinski, Assistant City Manager Agenda Item City Commission Meeting August 8, e00~ Request to Advance County Funding for the Roots Cultural Festival, Inc. DATE: July fl8, fl004 ACTION: City Commission is requested to approve an advance in the amount of $15,000 to the Roots Cultural Festival, Inc. for funding committed by County Commissioners Addie Greene and Mary McCarty. BACKGROUND: Attached is a letter Marjorie Ferrer received from Roots Cultural Festival, Inc. along with commitment letters from Commissioners Greene and McCarty requesting the DDA to advance funding in the amount of $15,000 for the festival. County funding is provided on a reimbursement basis. The DDA's cash flow position is not the strongest at this time of the year. Staff is therefore requesting City Commission to consider funding the advance requested. RECOMMENDATION: Staff recommends approval of the request to advance Roots Cultural Festival, Inc. $15,000 for funding committed by County Commissioners Greene and McCarty. RAB/tas File:u :swcency/agenda Doc:Request to Advance County Funding for Roots Cultural Jul 05:lOp DELRSY BCH CHRMBER 5612780555 CULTURAL_ F'I;$T;VAL INC. A Celebration of Unity and Cullure July 23, 2004 Mrs. Marjorie Ferrer Downtown Development Authority City of Delray Beach Delray Beach, FL Dear Marjorie, Roots Cultural Festival will receive $15,000 fi.om the Board of County Commissioners. ($10,000 from Commissioner McCarty and $5,000 from Commissioner Greene). We must present proof of expenditure (i.e. cancelled check) before we can be reimbursed. I discussed our cash flow status with you, and deeply appreciate your assistance in this matter. As per my conversation with Selma, I am enclosing copies of the award letters from Commissioners McCarty and Greene. Combined, they total the $15,000we are asking the DDA to cover for us. Thank you for the continued support you give to Roots. Sincerely, Elizabeth JT'Wesley Interim Executive Director ~? 04 OS: lip DELRSY BCH CHSMBER 5~127805S5 p.3 COmrntgflon~, District Vl~ south--s Count, Comgltm ~x: (561) 27~-1565 atJraene~ca-I~dlm.beach~ us 2004 Mrs. Elizabeth Wesley, Founder Koot~ Cultural F~stival, Inc. 400 West Atlantic Avenue, State ~A D~lray B~ach, F'L 334d< Re: Funding Approval Roots Gultural Festival Dear Mr& Wesley: This is to serve as notification tl~at Iiwiil contribute up to $5,000 from my District V~ Recreational Asa/s~,nce Program Funding for the 2004 Roots Cultut'al F~tival Program tia~ of activities. As you know, payment will be proc~s~d on a reimbursement basis w/th c~r~uin criteria as previously discussed. The procedure for thc distribut/on of Shes& funds is ~rough a formal agreement with an entity and Palm Beach County. If you have any furlh~ questions or ncm:i additional assistance, please do n~ he~itate to contact Oladys Whighara, my Administrative Assistant ~ 561127d-I 350. f am ver~ ple~a~l W assist the ROots Festival, The Roots Cultural Festival has ' a momentum that is cs~:ially n ofic=able in th~ COmmunlty. I also commend you, ~ Board of Dimctor~, the volunteers, and the Community on your concerted and iireless efforts. .My sina~r~t congratulations and be~t wishes for many, many, more successful ye~8. Sincerely, Addi¢ L. Greene., County Commissioner Palm Beach County Commission, District Vrr cc: Dennis Eshlemm~, Parks and Rex:re. atlon Director Susan ¥inger, Grants Procurement Administrator DELRAY BCH CHAMBER 5612780555 p.4 January 20, 2004 Ms. Elizabeth J. Wesley Interim Executive Director Roots Cultural Festival, Inc. P.O, Box 2654 Delray Beach, Florida 33447 Dear Ms. Wesley: This is formal notification Nat I am awarding $10,000 from the District rv Recreation Assietance Program to the Roots Cufturat Organization for its Summer Festival. Your request and a copy ofthls letter is be!ng forwarded for processing to the Program Administrator, Susan Yinger, who will Contact you directly to initiate the paperwork. As you know, this program is processed on a reimbursement basis. It is my sincere pleasure to have this opportunity to participate in the efforte of the Roots Cultural Organization. Please feel free to contact me if=you have any questions. Sincerely, ct IV ommission MM:aclg cc: Susan Yinger TOT~:~_ p. 82 MelTIO To: David Harden, City Manager From: Lula Butler, Director, Community Improvement Date.' July 29, 2004 Re: Memorandum of Agreement Between the City of Delray Beach and Children's Services Council and Subcontracts with the Community Child Care Center and Children's Case Management Organization ITEM BEFORE THE COMMISSION: Approval of the revised Memorandum of Agreement between the City of Delray Beach and Children's Services Council (CSC) of Palm Beach County, pursuant to their request, in an amount not to exceed $165,000, in support of the Beacon Center Services at the Village Academy Elementary School for the period of August 1, 2004 through September 30, 2004. The approval of the subcontract is for services for the same period between the City and Children Case Management Organization (CCMO) for social work services to children and families at the Beacon Center. BACKGROUND: The Commission approved the initial Memorandum of Agreement between the City and CSC for the pedod of August 1, 2004 through September 30, 2005 at the regular meeting of July 20. The agenda item also included the subcontract between the City and CCMO for the same time period. The subcontract agreement with the Child Care Center addressed the period of August 1, 2004 through September 30, 2004. CSC believes it is more efficient to change their agreement with the City to coincide with the subcontract agreement between the City and the Community Child Care Center, since they are the main non-profit partner responsible for carrying out the program at the Beacon Center. We were asked to do the same for CCMO. Thus, all three agreements will be renewed simultaneously for fiscal year 2004105. The changes in both agreements revise the pedod of the agreement to cover the pedod of August 1, 2004 to September 30, 2004 and changes the maximum grant amount from $931,676 to $165,000 consistent with the award for the two-month pedod. There are no other changes to the agreements. RECOMMENDATION: Staff is recommending approval of the revised Memorandum of Agreement between the City and CSC and the City and CCMO as stated above. MEMORANDUM OF AGREEMENT August 1, 2004 The Children's Services Council of Palm Beach County ("CSC") has agreed to provide funding to the City of Delray Beach ("Central Agency") up to an amount not to exceed $165,000 in support of the Beacon Center at Village Academy, as described in the attached Exhibit "A" (Description of Partnership), Exhibit "B" (Budget), Exhibit "C" (Fiscal Guidelines for Central Agency & Service Provider Agencies) and Exhibit "D" (Conditions of Award), for the period August 1, 2004 through September 30, 2004. CSC agrees to transfer funds to the Central Agency, acting as the fiscal agent for the Community Child Care Center of Delray ("Services Provider") Beacon Center at Village Academy program, for expenditures made prior to September 30, 2004 in accordance with the following schedule and terms: 1. Transfers from the Central Agency to Service Provider will be made in accordance with the following procedures: Upon execution of this Agreement, CSC will transfer $82,500 which equals 1/2 of the $165,000 total funding allocation to the Central Agency for the period August 1, 2004 to September 30, 2004 as advance funds for the Service Provider/Beacon Center at Village Academy program; b) A subsequent transfer will be released to the Central Agency for payment of requests for reimbursement received from the Central Agency for the period effective August 1, 2004 to September 30, 2004 and as outlined on the attached Exhibit "B" (Budget) and Exhibit "C" (Fiscal Guidelines for Central Agency & Service Provider Agencies); and c) Central Agency agrees to submit for request for reimbursement by the 15th day of each month following the month in which the services were provided. CSC will not reimburse Central Agency for any expenditure under this Agreement made after September 30, 2004. 2. No transfers will be made by CSC pursuant to this Memorandum of Agreement after September 30, 2004, and the Central Agency agrees to refund any of CSC's money advanced but not expended by September 30, 2004 within 31 days. 3. Central Agency agrees to require that the Service Provider comply with all CSC certification documentation requirements including, but not limited to: · CSC Nepotism Policy Certification; · Personnel Policies and Procedures; Children's Services Council of Palm Beach County Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy Page: 2 · Job Descriptions of all funded staffpositions; · Certificates of insurance (liability, and theft and auto if capital equipment or vehicle was purchased with Contractor funds); · License(s) to operate agency/program, if applicable; · Current list of Subcontractor's board members; · Sales Tax Exemption Certificate; · Service site(s) Fire Inspection Certificate(s), if applicable; · Service site(s) Health Inspection Certificate(s), if applicable Said documentation will be retained on file with the Central Agency for inspection during CSC programmatic and/or fiscal monitoring. 4. The Central Agency, through its Service Provider, agrees to provide program data on a quarterly basis, and in a format as requested by CSC's research department, as well as fiscal reports as requested by CSC. 5. Neither party will be liable for, or have any obligation to defend the other party against claims, suits, judgments or damages, including court costs or attorney's fees, arising out of the negligent acts of the other party, it being agreed that each party is responsible for its own actions or failure to act. CSC and the Central Agency agree to comply with the terms of this Memorandum of Agreement. CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY BY: DATE: Gaetana D. Ebbole, Chief Executive Officer Children's Services Council of Palm County CITY OF DELRAY BEACH BY: DATE: Print Name Print Title CSC_DOCS-~23534~v 1 -MOA_CSC_and_City_of_Delray_Beach. DOC Children's Services Council of Palm Beach County Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy Page: 3 EXHIBIT "A' Description of Partnership A. Description of Partnership 1. Goal Children's Services Council (CSC) and the City of Delray of Delray Beach (City) are joining together in a partnership to enable a Community Based Organization (CBO) to administer a Beacon Center in Delray Beachat Village Academy. 2. Definition of Terms a. Beacon Center - Beacon Centers are parmerships between schools, community-based organizations (CBO) and Community Advisory Councils (CAC). Beacons provide academic, social, recreational and cultural activities assisting youth, parents and neighbors to create supports leading to optimal youth development, academic enrichment, healthy family functioning, and neighborhood capacity building and growth. b. Beacon Core Components - Utilizing an asset development model rather than a deficit model, Beacon Centers work within four core components to provide programs and services to Beacon Center members. Youth Involvement/Youth Development/Youth Leadership - At a minimum each Beacon Center must have an elementary after school program which serves children after school, on teacher work days, school holidays and for at least eight weeks during the summer. A middle school and/or high school program is also required. In these programs youth are afforded innovative opportunities to play significant roles in the development of programs at their centers. Activities and events are provided for youth to develop a full array of assets which lead to development of skills and abilities for successful transition into adulthood. These include such things as training in healthy choices, social skills development, tutoring, as well as heath and nutrition training. Youth leadership programs create forums where youth can express their opinions and share ideas. Youth leadership can take many forms ranging from organizing events to advocating for youth programming to creating newspapers to serving on the Community Advisory Council. CSC_DOCS-O23534-vl -MOA_C SC_and_City_o f_Delray_Beach. DOC Children's Services Council of Palm Beach County Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy Page: 4 n Youth Academic Support and Enrichment - Beacon Centers seek to increase the likelihood of children and youth achieving educational success by helping to create environments where learning is fun and attending school is the norm. Beacon Centers directly offer resources to support youth in setting high expectations, attending school, solving problems and sustaining effort. Beacon Centers strive to complement the work of the school by working seamlessly with it to bring a web of supports and opportunities to schools to enhance academic achievement. Beacon Centers also supplement school learning with creative literacy and cultural activities. Family/Parent Involvement/Strengthening - Beacon Centers help bridge the gap that often exists between schools and communities by inviting parents and community members into the school for special events, recreation, education and cultural and personal enrichment. Beacon Centers encourage continuing parent/teacher/school staff communication. Beacon Centers support parents/caregivers in playing active roles in their children's education and also provide a range of supports and opportunities for them. They support parents by providing them with the opportunity to attend ESOL (English) classes, parenting workshops, GED classes, computer literacy classes, literacy activities, job skill development and training, and self-esteem building opportunities. In addition, Beacon Centers support families by providing information and referral services for those experiencing difficulties in their parenting roles. Case management services may be provided for family support and/or family mentoring services to build and strengthen relationships within the family unit and in that way support the child's continuing successful development. Community Building/Neighborhood Capacity Building -Beaeon Centers provide safe spaces where community members can come together to develop activities and projects to improve their street, housing site, school or neighborhood. Beacon Center staff can help support these efforts. The Beacon Center works to build neighborhood leadership capacity and may encourage and/or lead efforts in community development/betterment. Activities may include neighborhood associations, clean-ups, neighborhood watch around the school and other activities which help families take control of their neighborhoods. Beacon Centers establish Community Advisory Councils through which parents, community stakeholders, youth and neighbors help conduct the business of the Beacon and provide advice to the staff on the needs of the families and neighborhoods. The Community Advisory Council (CAC) - A CAC is composed of members who are volunteer representatives of the community committed to participating in the discussion, planning and implementation of ideas and activities, and program and projects, that further the goals of the Beacon Center in the four component areas: CSC_DOCS-023534-vI-MOA CSC and_City_of_Delray_Beach. DOC Children's Services Council of Palm Beach County Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy Page: 5 leadership development, academic enrichment, family/parent strengthening and resident personal capacity building. Membership also includes school and Beacon Center personnel, community stakeholders including businessmen. A majority of the membership must be parents and youth. d. Community Based Organization (CBO) - Agency subcontracted by the City to operate the Beacon Center at the designated school. Beacon Strategy Manager, Program Specialist, Research and Evaluation Analyst and Financial Analyst - Staff members of Children's Services Council designated to partner with the city to provide oversight, technical assistance and evaluation of the Beacon Center named in this Agreement. 3. General Description a. General Statement This partnership which includes CSC, the City of Delray Beach and the United Way of Palm Beach County agrees to work together to ensure that the Beacon Center at Village Academy provides the highest possible quality service to the children and families residing in the areas of the school. The City will provide strong fiscal monitoring and board oversight for the sub- contractor. The city will, as part of this parmership agreement, enhance the funding of the Beacon Center by committing substantial funding and in-kind services and to work to identify additional parmerships and funding resources. CSC will continue to provide funding, vision, system building and strategy development for this and all Beacons. CSC will join with the City to attach Conditions of Award to the subcontract which will further delineate the requirements of the CBO. In addition, CSC and its partners (the City and the United Way) will expect the CBO and its Beacon Director to work in concert with all relevant staff from the partner entities to ensure that the Beacon Center at Village Academy is a full member of the Beacon strategy and its development. The partners are in agreement that the CBO must, in its programming, continue to meet the definition of a Beacon Center as outlined above and work with the partners to enhance the quality of programming as it grows and develops. CSC_DOCS-g23534-vl -MOA_C SC_and_City_o f_Delr ay_B each. DOC Children's Services Council of Palm Beach County Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy Page: 6 EXHIBIT "B' Budget CSC_DOCS-O23534-vI-MOA CSC and~City~of_Delmy_Bcach. DOC Children's Services Council of Palm Beach County Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy Page: 7 EXHIBIT "C" FISCAL GUIDELINES The Service Provider is encouraged to seek the Central Agency's fiscal staff along with the CSC fiscal staff advice throughout the year regarding allowable budget items. 2. The Central Agency will not fund the following: * the purchase of real property and or renovations (permanent improvements to the property or site preparations); · medical equipment, services or treatment; u mortgage payments, interest payments, financing agreements or long-term vehicle leases; staff entertainment expenses; or Florida State Sales Tax. Program budgets submitted to the Central Agency are to be balanced; therefore, total budgeted program expenses must be equal to program revenues. All expenses are to be billed to the Central Agency in the contract period in which the expenses/events occur. The Service Provider is expected to submit, within 30 days after the end of the contract, a final expenditure report that includes all billable items to the contract. Expenses not reported in the final expenditure report will not be reimbursed by the Central Agency. With the exception of the salary line item, the Service Provider has the authority to overspend a cost category up to 10% without prior authorization from the Central Agency as long as the budget total remains the same. Funds budgeted for one time purchases (e.g. equipment) in a given fiscal year are not included in the Central Agency's forecast of an annual budget for consideration in subsequent years. The Service Provider must apply for funding from the Central Agency each fiscal year. All purchases made with funds allocated to the Central Agency are to be from vendors appropriately licensed to do business in their respective municipalities and/or county. Amounts relating to any purchases from unlicensed vendors will be disallowed by the Central Agency. CSC_DOCS-g23534-vl -MOA_C SC_and_City_o f_Delmy_Beach. DOC Children's Services Council of Palm Beach County Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy Page: 8 10. Accelerated draw down of the Central Agency's funds to accommodate the timing of an agency's contribution to the program may be approved, however, if under expenditures occur, savings will be shared by the Central Agency and the Service Provider in proportion to the share of contracted Central Agency support for the program. 11. Payment to funded Service Provider will be on the cost reimbursement and a monthly basis for expenditures incurred pursuant to the terms of the contract/agreement. 12. The Service Provider will request reimbursement through the submission of the "Monthly Report on Receipts & Expenditure" form by the l0th of the month, following the month for which the expenditures are claimed. In general, except for certain specific line items, monthly reimbursement requests should be approximate no more than 1/12 of the annual contract amount for the program. Programs funded from revenues such as contributions, fees and third party billing much' show that those sources are supporting the program in direct proportion to the Central Agency's support. PERSONNEL COST CATEGORY: The Service Provider may overspend the personnel cost category up to 10% without prior approval by the Central Agency provided that: The increase in salary for any position within the salary line item may not exceed 5% of the original salary approved in the budget when calculated on an annual basis. The total budgeted salary line item amount must not be exceeded. 2. Adequate provision should be made within the personnel cost category to accommodate any increase in fringe benefits associated with the increased salary. There are funds available in the over all budget to meet the over expenditure in the personnel cost category and the over expenditure in other cost categories will not adversely affect the performance of the services agreed upon in the contract. SALARIES: Salaries represent a critical and substantial portion of the program budgets. For this reason, salary changes require consultation with the Central Agency's staff prior to submitting a change request. The Central Agency expects the Service Provider to be able to demonstrate that the percentage of salary that the Central Agency supports corresponds to the amount of time dedicated by the employee to the program or the portion of the program funded over the course of a fiscal year. CSC_DOCS-g 23534-v 1 -MOA_C SC_and_City_o f_Delray_Beach. DOC Children's Services Council of Palm Beach County Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy Page: 9 The Central Agency may reimburse for costs due to an employee at separation of employment based on the length of time the program has been funded the Central Agency or the Children's Services Council directly prior to being funded by the Central Agency. Request for authorization for such expense will occur through the use of a budget change form. Overtime pay is an allowable expense in accordance with the Fair Labor Standards Act (FLSA) and any other applicable federal, state or local guidelines. Such expenses are to be incorporated into the contract budget and any changes are to be submitted in the budget revision. It is the Service Provider's responsibility to ensure compliance with FLSA and any other applicable federal, state or local guidelines. 5. An over expenditure in any position in the salary line item does not bind the Central Agency to fund the position(s) at the same or increased rate for any future contract year. If the line item for a position is increased using other revenue and not the Central Agency's dollars, permission from the Central Agency is not required, however the Central Agency needs to be informed through a budget change form and through the budget revision. The costs associated with temporary employees are an allowable expense and are to be identified in the contracted budget and/or budget revision. Service Provider requiring continuous coverage for vacation and/or absences is expected to budget for such contingencies. 8. Positions not identified in the Service Provider's contracted budget are not to be charged to the Central Agency. 9. The Central Agency will not reimburse for: O O Employee bonuses; Accrued Vacation Salaries except upon separation from employment as provided for in the personnel policies and procedures of the Service Provider. FRINGE BENEFITS: 1. Benefit dollars are reimbursed for actual fringe benefits purchased. The use of the Central Agency's funds for cash payments in lieu of fringe benefits is not an allowable expense. 2. The Central Agency will not pay for tuition reimbursement as a fringe benefit. CSC_DOCS4~23534-vl -MOA_CSC_and_City_o f_Delray_B each .DOC Children's Services Council of Palm Beach County Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy Page: 10 TRAVEL: 1. All travel costs will be reimbursed in accordance with Chapter 112.061 of the Florida Statutes. In-area travel will be reimbursed at the rate of .32 cents a miles in accordance with Chapter 112.061 of the Florida Statues. The meal reimbursement rate for travel outside Palm Beach County is as follows: $3 for breakfast; $6 for lunch; and $12 for dinner. 4 In State/Out-of-State travel will be reimbursed based on the actual travel costs associated with an employee in a funded position attending conferences in accordance with Chapter 112.061 of the Florida Statutes. Per Diem is allowed for each day on an out-of-county event involving an overnight stay if reimbursement for lodging and meals is not requested. Per Diem is $50 per day for each day reqtdring an overnight stay. 5. Meals are reimbursed at the rate of $3 for breakfast; $6 for lunch and $12 for dinner for each day involving an overnight stay. CHANGES TO THE CONTRACTED BUDGET: Budgeted expenses are intended to directly relate to the Service Provider's ability to achieve the results in which the Central Agency has invested. Any budget revision should, therefore, not change the nature of the program. In order to minimize the risk of an expenditure being disallowed, the Service Provider is expected to submit a budget change request form and to secure signed Central Agency Authorization for change. It is expected that all budget change to a cost category over the 10% rule to be submitted to the Central Agency for authorization. Budget changes to the current fiscal year's budget that may increase the following fiscal year's allocation request may not be authorized. If authorized, the Central Agency is not committed to funding that increase in the following year. 3. The Central Agency expects changes to program income to be equally offset by corresponding changes in expenses and to be reflected in the annual budget revision. If the Service Provider requests a change in salary, the Central Agency will examine the impact upon the following fiscal year's budget. If the change requires an increase in the program budget in the next fiscal year and it is authorized, the Children's Services Council is not committed to funding the change in the following fiscal year. CSC_DOCS-#23534-v 1 -MOA~CSC_and_City_o f_Delray_Beach. DOC Children's Services Council of Palm Beach County Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy Page: ! 1 A change in the salary line item, restmcttlring, adding positions or salary changes during the year may occur with authorization from the Central Agency staff. Salary increases or the addition of a position solely as a means of using up lapsed funds will not be authorized by the Central Agency. The Service Provider is required to submit a request to change the salary line items through the Central Agency's change to program budget form. Questions which the Central Agency staff will ask prior to responding include but are not limited to: * How will the change help the program achieve the results in which the Central Agency has invested? o Is the change tied directly and integrally to the program's ability to achieve its contracted results? o Will the change allow the program to end the year with a balanced budget? · If the change requires additional funds, how does the Service Provider plan to support the expenses? · Are there other resources or ways the programmatic needs can be met without increasing the program's annualized budget? · When the budget is annualized for the subsequent year, are additional funds required to support the change? · What can the Central Agency's staffdo to help the Service Provider locate additional resources to accommodate the change if it cannot be supported in a subsequent year? ANNUAL BUDGET REVISION: Budget revisions are to be submitted to the Central Agency in March of each year. All budget changes are to he reflected through the budget revision process. The Central Agency, however, recognizes that the Service Provider may face unusual conditions that would prompt an additional budget adjustment after the annual revision. Changes to the budget after the formal revision in March should be kept to a minimum and only to address extenuating circumstances and are to be submitted on Change to Program Budget form. Circumstances prompting such a request include: · A salary for a position is being increased · Expenditures in a cost category are going to exceed 10% of the approved amount. · It becomes necessary to use funds for expenses other than those described in the Central Agency's budget narrative. 2. Budget revisions are to be submitted in March if it appears that a program may over expend any cost category by more than 10% by the end of the contract year. No budget CSC_DOCS4/23534-v 1 -MOA_CSC_and_City_o f_Delmy_Beach. DOC Children's Services Council of Palm Beach County Contract #: 475 -City of Delray Beach -Beacon Center at Village Academy Page: 12 revision is required ifa cost category in the contracted budget is under spent by up to 10% and the total budget remains the same. If the Central Agency's contracted budget does not identify a line item or cost category for a desired expense a Change to Program Budget form is to be submitted to the Central Agency for authorization. Items authorized prior to the annual budget revision in March should be included ad ratified in the annual budget revision. Changes to the budget, however, may be authorized subsequent to the annual budget revision in March by obtaining authorization through the use of the Change to Program Budget form. Alt approved changes to the budget become a part of the contract with the Central Agency. The formal approved budget, any approved budget revision and any approved Requests for Change to Program Budget will be the basis upon which the Service Provider agencies are monitored fiscally. 5. The Central Agency will reimburse only up to the maximum amount specified in the contract. FISCAL MONITORING: The goal of the Central Agency's fiscal monitoring is to ensure that funds contracted by the Children's Services Council through the Central Agency are spent prudently and in accordance with the guidelines laid down by the Council of the Children's Services Council. The Central Agency will maintain copies of all payroll records and vendor receipts/invoices and cancelled checks from the Service Provider, and forwarded all copies, along with the monthly reimbursement request to the Children's Services Council by the 15th of each month. 3. The fiscal monitoring is conducted by the Central Agency's fiscal staff and/or other representatives so designated by the Central Agency. CSC_DOCS-g23534-v 1 -MOA_CSC_and_City_of_Delray_Beach. DOC Children's Services Council of Palm Beach County Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy Page: 13 EXHIBIT "D" Conditions of Award A. Scope of Conditions of Award for Subcontracted CBO: Programmatic and Research and Evaluation Requirements 1. The program is to serve children and youth within the school boundaries of Village Academy to the level as specified in the PIE and program model to be developed as part of the partnership process. 2. The Beacon Director and any others deemed appropriate must attend and participate in all appropriate scheduled provider and evaluation meetings held by CSC. 3. All staffwho have direct contact with children must complete ten (10) hours of aunual in- service training in developmentally appropriate practices. This training is not inclusive of First Aid and CPR courses. 4. CBO will have a disaster/evacuation plan in place to protect staff, and property, and ensure the program's ability to continue essential functions for the community. 5. CBO will make every effort to obtain staff with the cultural competence and language skills necessary to work successfully in the community with the population being served. 6. All staff will follow the child abuse requirements under Florida law. 7. All programs must participate in training conceming special needs children as offered through the Inclusion Project. 8. The after school portion of the Beacon Center must be licensed by the Department of Health. Program will continue to meet these licensing standards through Department of Health inspections and monitoring. 9. Volunteers/mentors, utilized in appropriate roles, must be screened, trained and receive regular, ongoing supervision by qualified professionals as mandated in the Palm Beach County Child Care Rules and Regulations. 10. Directors of Beacons Centers are responsible for submitting monthly reports to the appropriate CSC program specialist and a minimum of quarterly reports to the CSC research and evaluation analyst by the date specified. (i.e., monthly utilization reports, monthly calendars for the next month and monthly narratives by the fifth of every month, quarterly evaluation data and surveys administered annually.) 11. The Provider and staff of Beacon Center programs for elementary and middle school age children will participate in all overlays and additional fimded service opportunities which are developed to be a part of the Beacon Center strategy. 12. To encourage parents to be responsible partners, the provider agrees to require a sliding fee scale to be on file at the Council for services offered in the after school program. 13. At least one (1) adult on location or site must hold a current first aid certification evidenced by a valid card in a Red Cross standard first aid course or a comparable course, and at least one adult must hold current certification evidenced by a CSC_DOCS-g23534-v 1 -MOA_CSC_and_City_of_Delray_Beach. DOC Children's Services Council of Palm Beech County Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy Page: 14 valid card in child and adult cardiopulmonary resuscitation. At least one (1) adult with each or both qualifications shall be present at all times that children are in the care of the program whether such children are on site, on a field trip, or being transported. 14. Each Beacon Center will recruit, maintain and support a Community Advisory Council which is representative of the school community including a majority of parents and youth and is consulted at least quarterly about programs existing within the Beacon and additional projects and community needs. 15. CBO agrees to participate fully in any monitoring requested by partners as part of the Beacon Center Strategy Development. B. Fiscal Responsibilities: The City of Delray Beach acting as the "Central Agency" will review and approve all Base Budget Applications and Budget Revisions submitted by the Community Child Care of Delray Beach, acting as the "Service Provider". The Central Agency will review, approve for payment and reimburse expenses submitted by the Service Provider on a monthly basis. The Central Agency will submit request to the CSC for reimbursement by the 15th of the month following the month of the request. The Central Agency will administer fiscally, reimburse, monitor and review the budgets of the Service Provider in accordance with the "General Guidelines" noted as Exhibit The Central Agency must ensure that agency receiving funds from this contract maintain copies of all documents (i.e. payroll records, vendor receipts/invoices) in their respective agency for review by its staff and by the Children's Services Council staff upon request. The Central Agency must also ensure the Service Provider records are retained for a period of 5 years in accordance with the Florida Public Records Law. The Central Agency will reimburse the Service Provider up to the contracted budget amount based upon the approved budget. Reimbursement is based on actual expenditures. Expenditures in excess of the contract budget will not be paid by the Central Agency. If the total allocation is not spent, the balance reverts to the Central Agency to be returned to the CSC for reallocation for children's programs the subsequent year. 6. It is expected that initial budgets will detail and itemize all anticipated expenditures. C. Fiscal Conditions of Award: CSC_DOCS~23534-v 1 -MOA_CSC_and_City_of_Delray_Beach. DOC Children's Services Council of Palm Beach County Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy Page: 15 1. Conditions to be observed throughout contract. a. The Central Agency agrees to notify CSC of any anticipated cash shortages within 24 hours of receipt of that information. b. If any fees are generated by the Council's funded program in excess of the amount budgeted, the Central Agency will notify the Cotmcil staff of the excess revenues and plans to expend such fees. The Central Agency agrees to prioritize the use of excess fees in the following order: · Increase the number of clients attending the program within licensed capacity. · Purchase those items which would be considered "enhancements" to the service being provided in order to improve the quality of the program. * Reduce the Council's funding by the amount of the excess fees received. · All fees generated by the Council funded program will be recorded in a separate revenue account. CSC_DOCS-#23534-vl -MOA_CSC_and_City_o f_Delray_Beach. DOC 0 Z AGREEMENT THIS AGREEMENT, made this day of ., 2004, by and between the CITY OF DELRAY BEACH, a municipal corporation, (City), 100 NW 1st Avenue, Delray Beach, FL 33444 and CHILDREN CASE MANAGEMENT ORGANIZATION, (CCMO) of Delray Beach, 555 NW 4th Street, Delray Beach, FL 33444. WITNESSETH: WHEREAS, the City received a grant in the amount of $165,.00 from the Children's Service Council (CSC) of Palm Beach County, in support of the Beacon Center at Village Academy Elementary School, located at 400 SW 12th Avenue, Delray Beach, FL, 33444. WHEREAS, the City desires to subcontract with the CHILDREN CASE MANAGEMENT ORGANIZATION, (CCMO) a local not-for profit organization, to carry out the Social Service activities associated with the Beacon Center at Village Academy Elementary School. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency which are hereby acknowledged, the parties hereby agree as follows: Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them as if fully set forth in this Agreement. Term: This agreement shall commence on August 1, 2004 and terminate on September 30, 2004 with an option to renew annually. This Agreement shall be contingent upon the City's receipt of grant money from the Children's Service Council of Palm Beach County for the Beacon Center at Village Academy Elementary School. Payment: Subject to Paragraph 2 above, transfers from the City to CCMO will be made in accordance with the following procedures: a) Upon execution of this Agreement, City will transfer $13,291.50 which equals 1/2 of the $26,583.00 total funding allocation to the CCMO for the period August 1, 2004 to September 30, 2004 as advance funds for CCMO's participation in the Beacon Center at Village Academy program; b) The City agrees to reimburse to CCMO for provision of services described in Exhibit "A" (consisting of the Program Compliance Items) attached hereto and made a part hereof; composite Exhibit "B" (consisting of the City's Budget, attached hereto and made a part hereof; and Exhibit "C" (consisting of the Beacon Center Activities) attached hereto and made a part hereof to the extent provided in subparagraph c) below. It is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by CCMO shall be provided in compliance with all terms and conditions set forth in the Exhibits "A", "B" and "C" as well as the terms and conditions of this formal Agreement between the City and CCMO. c) The total Payment for services rendered pursuant to this Agreement shall be up to $26,583.00 for August 1, 2004 through September 30, 2004 and made to CCMO monthly on a reimbursement basis. CCMO shall submit an invoice to the City by the 10th day of each month following the month in which the services were provided. The invoice will include documentation reflecting all expenditures made by CCMO under this Agreement, in whatever form reasonably required by City. Subject to the availability of funds, the City will provide reimbursement to CCMO within 30 days after receipt of the invoice. CCMO shall submit a final invoice to the City no later than September 30, 2005 (with appropriate documentation). The City will not reimburse CCMO for any expenditure made by CCMO under this Agreement that is submitted after September 30, 2004. The City has the discretion to decrease CCMO's allocation based upon the program's inability to meet the parameters outlined in the program model and/or the inability to maintain program capacity based upon quarterly reviews. Reduction in Payment: Notwithstanding anything herein to the contrary, the parties agree that the dollar amount set forth in paragraph 3 above may be reduced in the event that the City determines that CCMO will not spend the entire amount allocated by September 30th fiscal year end. This determination may be made (a) during the course of reviewing a budget revision submitted by CCMO pursuant to the City's procedures or (b) based upon the City's monitoring of CCMO's program and its expenditure history. Before any such reduction becomes final, CCMO will be notified in writing of the proposed action and shall have the opportunity to address the City's Board regarding the proposed reduction. The decision of the City's Board on this issue shall be final. If the City reduces the dollar amount, CCMO may terminate this Agreement upon five (5) days notice in writing to the City. The City shall reimburse CCMO for all monies expended up to and including the effective date of the termination. Overpayment: CCMO agrees to return to the City any overpayments made through inadvertence or miscalculation or because payment is disallowed as not having been properly earned under this Agreement. Such funds shall be refunded in full by CCMO to the City as follows: Within twenty (20) days from the date of written notification by the City to CCMO of overpayment or disallowance; or Within thirty (30) days following the end of this Agreement. The City shall have the right to deduct from any subsequent payment request submitted by CCMO, the amount of any overpayments or disallowed funds. 2 Suspension of Payment of Funds: The City may, for reasonable cause, suspend the payment of funds pending corrective action by CCMO or pending a decision by the City to terminate this Agreement. The City may, for reasonable cause, prohibit CCMO from incurring additional obligation of any funds received from the City, pending corrective action by CCMO or a decision to terminate this Agreement. Said suspension of payment of funds or obligation thereof may apply to ail or part of CCMO's operations funded by the City. CCMO agrees to comply with ail CSC certification documentation requirements including, but not limited to: · CSC Nepotism Policy Certification; · Personnel Policies and Procedures; · Job Descriptions of ail funded staff positions; · Certificates of insurance (liability, and theft and auto if capital equipment or vehicle was purchased with Contractor funds); · License(s) to operate agency/program, if applicable; · Current list of Subcontractor's board members; · Sales Tax Exemption Certificate; · Service site(s) Fire Inspection Certificate(s), if applicable; · Service site(s) Health Inspection Certificate(s), if applicable Said documentation will be retained on file with the City. The CCMO agrees to provide program data on a quarterly basis, and in a format as requested by the City, as well as fiscal reports as requested by City. Indemnification: CCMO shail defend, indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legai proceedings, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from the Contract or from work done by CCMO or its subcontractors in the performance of the Contract except to the extent caused by the sole negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, to approve counsel obtained by CCMO. 10. Independent Contractor: CCMO is performing the services and duties required hereunder as an independent contractor and not as an employee, agent, partner of, or joint venture with the City. CCMO shall assume sole and exclusive responsibility for the payment of wages to all employees for services performed by them under this Agreement. CCMO shall, with respect to said employees, be responsible for withholding federai income taxes, paying federai social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. 3 11. 12. 13. Insurance: CCMO shall provide the City with Comprehensive General Liability Insurance in the amount of $1,000,000.00 per occurrence naming the City as an additional insured, with a thirty (30) days notice of cancellation provision. CCMO shall provide Worker's Compensation Insurance as required by law and Automobile Insurance in the amount of $500,000.00, naming the City as an additional insured. CCMO shall also provide a Fidelity Bond in an amount up to and including $189,983.00 to protect against any dishonest or fraudulent acts of the CCMO or its employees, also naming the City as an additional insured. Notices: All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: For the City: David Harden, City Manager City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33~,~.4 For CCMO: Julie Swindler, Executive Director 1720 East Tiffany Dr. Suite 101 West Palm Beach, FL 33407 Delray Beach, FL 33n. h,~. Termination: In the event funds to finance this Agreement become unavailable to the City, the City may terminate this Agreement upon no less than five (5) days written notice to CCMO. The City shall be the final authority as to the availability of funds. Notwithstanding any other provision of this Agreement, the City may terminate this Agreement for any breach by CCMO. If the City intends to terminate this Agreement, notice shall be provided in writing to CCMO no less than twenty-four (24) hours prior to the effective date of the termination. The City's failure to terminate or suspend a CCMO for past breaches of this Agreement shall be construed as a waiver of its right to demand strict compliance with the terms of the Agreement or to terminate for said breaches or similar breaches, and shall not be construed to be a modification of the terms of the Agreement. In addition, CCMO and the City may each terminate this contract with or without cause provided that CCMO or City shall give sixty (60) days notice in writing to City or CCMO. The City shall reimburse CCMO for all monies CCMO has 4 expended up to and including the effective date of the termination and CCMO shall do the same. 14. Venue/Laws. This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction which either party may claim by virtue of residency. 15. Entire Agreement. This Agreement along with Exhibits "A", "B" and "C" attached hereto shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understanding and agreements between the parties with respect to such maters are merged into this Agreement, which alone fully and completely expresses their understanding. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. 16. Assignment or Transfer. This Agreement may not be assigned or transferred by CCMO in whole or part without the written consent of the City. IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and year first above written. ATTEST: ~'~'~'~ ~City Clerk Approved as to Legal Form: ~City Attorney CITY OF DELRAY BEACH, FLORIDA WITNESS: Signature Print Name Signature CHILDREN CASE MANAGEMENT ORGANIZATION EXHIBIT "A" Program Compliance Items CCMO agrees to comply with all applicable federal, state and local laws. CCMO agrees to comply with the following requirements: a. To provide Critical Social Service Intervention. To maintain books, records and documents in accordance with normally accepted accounting procedures and practices, which sufficiently and properly reflect all expenditures of funds provided by the City under the Agreement. To assure that these records shall be available upon reasonable notice, for inspection, review or audit by the City and personnel duly authorized by the City to make such inspection, review or audit. To submit, upon completion of this Agreement, A GAO Standard Financial and Compliance Audit ("the Audit"), complete with management letter, within 180 days of CCMO's fiscal year end. In the event that CCMO's fiscal year end occurs prior to the completion of the term of this Agreement. CCMO will supply the Audit and accompanying management letter for each of CCMO's fiscal years occurring during the term of this Agreement, each such audit and management letter to be provided within 180 days of CCMO's fiscal year end. e. To maintain and file with the City such progress, fiscal, inventory, and other reports as the City may require during the terms of the Agreement. f. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. To acknowledge, to the extent feasible and appropriate, City and Children Service Council funding of the program identified in Exhibit "A" in publications, bulletins, public relations activity and stationery of CCMO. CCMO agrees: To retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five (5) years following termination of this Agreement or, if an audit has been initiated and audit findings have not been resolved at the end of the five year period, the records shall be retained until resolution of all audit findings. CCMO fugher agrees that all records, papers, letters, or other documents made or received in conjunction with this 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 shall survive termination of this Agreement, except that public records, which are confidential by or otherwise restricted from disclosure by laws, including as required pursuant to the Health Insurance Portability and Accountability Act, 45 CFR, Parts 160 and 164, must be protected from disclosure. Persons duly authorized by the City shall have full access to and the right to examine any of said materials during said period. To permit access by persons duly authorized by the City upon reasonable notice, to the program(s) funded by the City hereunder for purposes of monitoring said program(s). To report to the City during the term of this Agreement any threatened or pending litigation brought against CCMO, including a description of the nature of the claims involved, and, upon request, to furnish information regarding the status of such litigation and copies of pleadings filed therein. To accurately report to the city, in a format deemed acceptable by the City, all revenues received by or for the program funded pursuant to this Agreement, regardless of source. Revenues include, but are not limited to, Medicaid or insurance reimbursement, donations, grants, and program income; i.e., fees paid for services. In the event CCMO fails to properly report all program revenues and the City subsequently learns that such income was not properly disclosed, the City reserves the right to reduce the amount to be paid to CCMO by the City by the amount not disclosed (or, if payment has already been made, to recover said amount), or to terminate this Agreement. That those capital items which are to be acquired by CCMO and reimbursed by the City, shall be subject to the requirements (i) that said items may not be mortgaged, pledged, or hypothecated without the prior written approval of the City, (ii) that upon termination or earlier cancellation of this Agreement, at the City's request, unless there is specific notification that this requirement is waived by the City, the said items(s) shall be (a) returned (with title being transferred) to the City or the City's designee, or (b) reimbursed to the City at book value (determined by the City); (iii) that said item(s) shall be maintained in operable condition; and (iv) that said item(s) will be insured in case of loss or theft. To obtain City approval for any proposed changes in the program prior to implementation. To submit and maintain a current copy of the following on file with the City: Certificates of insurance (liability and theft, and auto if capital equipment or vehicle was purchased with City/CSC funds); License(s) to operate agency/program, if applicable; Service site(s) Fire Inspection Certificate(s), if applicable; Service site(s) Health Inspection Certificate(s), if applicable 2 i. To obtain written approval from the City for any proposed changes in the program budget hereunder prior to implementation. The fiscal administration of this Agreement will be pursuant to the City's "Fiscal Guidelines," a copy of which CCMO acknowledges receiving. That the following issues or information shall be furnished or resolved within 60 days of execution of this Agreement: Completion of program evaluation forms/test instruments; Submission of copy of sales tax exemption certificate or application; CCMO will not begin operation of the program funded hereunder prior to obtaining a binder for provision of general liability insurance coverage. Submission of copies of all personnel or service provision subcontracts, contracts and/or agreements related to the operation of the program funded hereunder. CCMO agrees that, as between the parties to this Agreement, it is solely responsible for operation and management of the program(s) funded hereunder and that the City has not and will not be involved in any way in such operation and management. To the extent permitted by Florida law, CCMO agrees to indemnify and hold harmless the City from liability on account of any injuries, damages, omissions, commissions, actions, causes of actions, claims, suits, judgments and damages accruing, including court costs and attorneys' fees (at the trial appellate, post-judgment or bankruptcy procedure level), as a result of services performed or not performed, or any negligent act by CCMO or arising form funding granted or not granted by the City or any action arising out of the operation of this Agreement. CCMO shall not use or disclose any information concerning a client served under the Agreement for any purpose not in conformity with federal and state laws and regulations except on written consent of the client, or his responsible parent or guardian when authorized by law. CCMO agrees to establish and maintain procedures and controls acceptable to the City for safeguarding records, so that no information contained in CCMO's records, or obtained from others carrying out the terms of the Agreement, shall be used by or disclosed by CCMO, its agents, officers or employees except as provided by law. It shall be the responsibility of CCMO to take all reasonable steps necessary to implement promptly such procedures and controls in order to protect the privacy of a client receiving services hereunder and in order,to assure the maintenance of confidentiality of any medical or other information pertaining to any such client. CCMO shall submit to the City program data, including client identifiable data and status of program capacity (staff to client/child/family ratio) as deemed essential by the City. CCMO shall furnish the City with reports of the effectiveness of the program and include statistics and data on the number of persons served and such other reports and 3 information that the City may required. Said reports shall be made as requested from the effective data of this Agreement and in a format provided by the City. The services provided by CCMO hereunder are provided on a non-exclusive basis, and the City specifically reserves the right to subcontract with others for similar services. This Agreement shall give no rights to any person or entity who is not a party hereto. 4 Exhibit "C" BEACON CENTER ACTIVITIES This list contains the current programs, activities and hours of operations that exist at the Beacon Center at Village Academy. This list in no way should be considered as all inclusive and J°vced. The City in partnership with its non-profit partner may amend this exhibit as necessary, to enhance the services and programs that are provided at the Beacon Center. Extended Day (After school) Component Serves 300 elementary school students Licensed by PBC Health Dept maintaining 1 to 20 ratio at all times Hours of Operation: 2:30pm - 7:00pm 9:00am - 1:00pm Release - 7:00pm 7:00am - 5:30pm Monday - Friday Saturdays Early Release Days Teacher Work Days, Holidays and Nine weeks during the summer The Center has approval for and has posted the following Holiday observance days: September 6, 2004 November 25 & 26, 2004 December 23, 24, 27 - 31, 2004 May 30, 2005 July 4, 2005 Daily breakfast included CSC provides major overlays to the component at no cost to the CBO, which includes CHAMPS, a Foundations, Inc., curriculum, head teacher and instractor stipends for 1 hour of instruction per day, four days a week. Includes Center for Creative Education (CADRE) programming, which includes artists who provide arts and culture experiences for the students tied to the CHAMPS curriculum and other overlays for arts and culture. ~' Grade level academic extension of the school day: tutoring assistance homework preparation recreation (a variety of sports and teams and cheerleading) cultural and social clubs community service variety of field trips The Brotherhood is special programming utilizing a certified teacher for male students in grades 3, 4 and 5 identified as behavior and/or academic challenges Teen Component for Grades 6 through 12 } Sex'yes 20 to 30 youth daily Location: Delray Full Service Center Hours: 3:00pm - 9:00pm, Monday through Thursday Includes Center for Creative Education (CCE) CADRE for middle school students Other components include: homework assistance sports and recreation including athletic teams academic cultural and social clubs college and career prep, life, leadership relationship and healthy choices skill training community service Spots Teams in both the extended day Flag football and basketball teams for 13 and under Sports for 17 and under provided Palm Beach Literacy Coalition Village Readers Family Literacy Program Americorps staff assist students interactive literacy activities Adult Education Computer Training: Monday - Thursday Classes for Beginner, Intermediate and Advanced ESOL GED Child sitting provided Children's Case Management Organization {CCCC) This is a subcontract with the Beacon Center, which will continue with the new CBO for services to children and families. The agency facilitates workshops and provides short time counseling for families with challenges. They also support the Kin Support Project, which meets monthly and has speakers on topics relating to family needs. FAU Haitian Family Services This activity is held on Wednesday evenings with parents and children meeting in separate groups, facilitated by FAU School of Social Work staff and/or interns to discuss topics which strengthen the family unit and allow youth to operate more effectively and independently. 2 Parent Training Provided through CSC Parent Center child sitting provided participation in these classes meetings DCF requirements conducted in both English and Creole Tips for Parents is a six-week series of parenting classes offered by the Parenting Center through a certified parent educator Creating Lasting Family Connections Currently provided by a Substance Abuse and Mental Health (SAMH) grant through the City of Dclray Beach. Interactive session for adults, children and adults and children together, on building family cohesiveness and strength. Parent Resource Center Staffed by Parent Resource Coordinator Special Events for Parents Coordinated by Family Involvement Specialist Report Card Night, where parents are encouraged to meet their children's teachers for parent/teacher conference and to pick up reports cards. The Academic Breakfast - where parents are invited to see those students who are recognized for being on the Principal's and Village Academy Honor Rolls. Intergenerational Choir Funded by a grant from the Cultural Council Provides weekly practice on Mondays at Village Academy; includes gospel, spiritual and traditional hymns in their performances. Community Advisory Council (CAC) Mandatory for all Beacon Centers VITA provides tax filing assistance to families through the Beacon Center. The program is funded and mn through a grant from United Way in partnership with the Beacon Center. Street Patrol is funded through the City of Delray Beach. It provides security in the neighborhood and at special events. 3 Z Date: July 29, 2004 Agenda Item No. AGENDA REQUEST Agenda request to be placed on: Regular __ Special __ Workshop __X Consent When: August 3, 2004 Description of Agenda Item: Approval of Memorandum of Agreement Between the City of Delray Beach and Children's Services Council and Subcontracts with the Community Child Care Center and Children's Case Management Organization Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature~~/q-4-~.~~ City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Altematives: Account # & Description: City Manager Review: Approved for agenda: ~ / NO ~. Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved (if applicable) MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # C>~ ~ _ REGULAR MEETING OF AUGUST 3, 2004 APPOINTMENTS TO THE BOARD OF ADJUSTMENT DATE: JULY 30, 2004 Mr. Warshaw has been removed from the Board of Adjustment due to three consecutive absences creating a vacancy for a two year term. The terms for Mr. Pollack and Mr. Resnick will expire August 31, 2004. Mr. Pollack has fulfilled an unexpired term and Mr. Resnick has fulfilled one full term; both are eligible and would like to be considered for reappointment. Mr. Starm is currently an alternate and would like to be considered as a regular member. The term is for two years ending August 31, 2006. 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 have submitted applications for consideration: Please see Exhibit "A". A check for code violations and/or municipal liens was conducted. Voter registration verification was completed and all are registered with the exception of Sara Coen. Based on the rotation system, the appointments will be made by Commissioner Costin (Seat #1), Comrmssioner Archer (Seat #2) and Commissioner Levinson (Seat #3). Recommend appointment of three (3) members to the Board of Adjustment for a two year term ending August 31, 2006. BOARD OF ADJUSTMENT EXHIBIT "A" John Bennett Sara Coen Sigurdur Hardester (also applying for P & Z and SPRAB) (also applying for HPB and P & Z) Pearl Bunny Markfield Elrod (also applying for Board of Construction Appeals, HPB, P & Z and SPRAB) Clifton Miller (currently on Board of Construction Appeals) Mel Pollack (incumbent) Samuel Resnick (incumbent) (also applying for HPB and SPRAB) Harvey Starm (currently an alternate) CITY OF ~,ELRA, ¥ BEACH BOARD MEMBER AppLICATION - 20~1 - .2 Home ~ss: 5. Home P~: ~O~css Phon~ ~'~s: ~'~ F~: 6. ~ you · r~s~d vO~P ~so, 8; ' l:O. ~st ~), ~icd-pmfes~o~%c~ofls ~ ~c~s'~.you hold: 1t. ~c your pr~n~ Or most ~;:~o~s.~ OCT '.'-1 2~ .... --- CITY ~L~RK Jom~ C. W. Brm-~Err 137 SEABI~.F.7.E AVE~,JE I)ErRA¥ BF_AC., FL 33483-7017 COMMUNITY ACTIVITIES: Beach Property Owners' Association (Trustee 1999-present; Vice President 2001,2002) Progressive Residents of Delray (PROD)(Director 1999-present; Vice President 2000; President 2001-02 E.P.O.C.H. (Director since 2002) Chamber of Commerce (Member, Local Government Issues Committee) School Advisory Committee, Atlantic Community High School (member 1999-2003; Bylaws Committee Chair 2002-03) PROFESSIONAL EXPERIENCE: 1995-present, retired attorney (U.S. Navy Judge Advocate) 1974-1995, naval officer with a variety of assignments involving law and policy 1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S. Court of Appeals for the Fifth (now Eleventh) Circuit in St. Petersburg, FL EDUCATION: Formal: LL.M., Law & Marine Affairs: University of Washington 1981 J.D.: Georgetown University Law Center (Editor, Law Journal), 1973 B.A. Economics (with High Honors): Swarthmore College, 1970 Continuing: Leadership Delray Beach 2002 pROFESSIONAL AFFILIATIONS: District of Columbia Bar (InaCtive) American Bar Association American Society of International Law SPECIAL QUALIFICATIONS FOR SPECIFIC BOARDS NEIGHBORHOOD ADVISORY COUNCIL: Active for past several years in the affairs of my neighborhood association (Beach Property Owners' Association) · Active for past several years in broader issues of concern to neighborhoods throughout the City through membership on Board of Progressive Residents of Delray (PROD) · Aware of concerns of business community thr_ough service on Local Government Issues Committee of the Greater Delray Beach Chamber of Commerce BOARD OF AD,|USTMENT & NUISANCE ABATEMENT BOARD' · Extensive experience during my Navy career with applying regulations to specific cases. Thorough familiarity with due process requirements for imposition of criminal and civil sanctions: developed while representing criminal accuseds and administrative respondents, prosecuting on behalf of the Government, and advising adjudicatory authorities. · Adjudicated innocence or guilt and determined appropriate penalties in a number of minor criminal cases. DELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: 1. Last 2. Home Address: 3. Legal Residence: 4. Principal Business Address: Name.~q,/~/~ M.I. City State Zip Code CiW Sate Zip Code Ci~ S~te Zip Code 5. Home Phone: Business Phone: 6. Are you a registered voter? E-Mail Address: [ Cell Phone: Fax: If so, where are you registered? 7. What Board(s) are you interested in serving? Please list in order of preference: ,~t /e~ ..p/e.~ ~e~','e~a .4,~ ~ n/,,.~,~,¢,¢ , ~a, o;~ .,~o~,Yc~t,~,~..,,~.,rL 8. List all City Boards on which you are currently serving or have previously served: (Please include date~) A Jo ,~3e~ 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: 11. (Tire your present, or most recent employer, and position: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certify that all the above statements are tree, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. RECEIVED Note: This apphcafion will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsib~l~/to~e~u~at a current application is on file. CITY CLERK Sara Co n 1203 NE 9~ Ave. Del[ray Beach, FL 33483 (561) 278-8013 saraccen(~hotmail, com Objectives and Strengths I am an attorney with a Master's in Trade and Banking, and European Law, currently completing an LL.M on Taxation. I alii be sitting for the Florida Bar on July '04. I am a Certifiod CounUy Court Mediator fluent in five lan~mlages. My interests include urban zoning and planning, real estate and property law. I have experience in mediation and arbitration, commercial law, conflict mitigation, judicial reform, and immigtation~ I have also worked with the World Bank and the United Nations Group. My strengths include: · Fluent in English, Spanish, French, Italian and Portuguese (written and spoken). · Excellent writing skills, good communicator and careful listener. · Comfortable working with diverse multicultural perspectives, and presenting alternatives for conflict resolution. · Doctoral Dogr~ in Common Law and Civil Code System with professional experience in the U.S., Europe, Latin America and Brazil. Education St. Thomas University, M~mi, Florida. M~ter at ~ (~L.M) in T~ao~ ~tid~te (]May '05)~ St. Thom~ UniversRy, M~ami, Florida: Juris Doctor Degree. The American University, Waslfington DC. Master at ]~w (7~.M) in Inte~ao~l Trode a~ Univ¢~sit~ de la Sorbonne. Paris, France. Studies ofMastev ~n CommerciM~wa~ Euromart International Court of Justice. Thc Hague, The Netherlands. ?fixate lnter~Or~l ~ ~er~ca~o~ Unive~sida~ lberoamcricaan. Santo Don~go~ Domin~can Republic. ~ Doctor Summ~ UniversR~ Paris X Nanterre. Nant~rre, France. Bochelor in Arts in ~usiness Administration ofTou~sm ~nter~c~ses. Legal Experience DISTKICT COURT OF APPEAL. West Palm Beach, Florida (Aug. '04). ]~w Clerk for ~udge B~rr~ Sto~e. THE FLORIDA BAR~ Cypress Crecl~ Flofida~ (6/01 - 10/02). ~ Cierk~ ~niice~ed?r~c~ce of]~w Di~sio~ i ~ondacted legal resenroh, wrote memoranda and ~davits. P~ctical litigation experience clr~Eng subpeenas, preparing Pleadings and interrogatories, pa~cipated in depositions and inter,vs. I~TEK-~E~C~ DEVELOPMENT BANK. WOI~D BANK GROUP. Washington DC. (6/93 - $/96). Legal & Summer Inter~ at B~dget arm E~u~on O~ce. Project Consultant at Pro~ectAwlysis Dep~rtm¢~t. Wrote internal pu~licatious rcgatxling ex-post evaluatioas of judicial and social ~efonn, and gende~ issue projects in Latin ~nerica. Wo~ed with judicial reform projects, alteroate dispute resolution, conflict nfitigafiou and trade harriers. ORGANIT~TION OF AMEI~CAN STATE$~ Washington DC. (10/92 - 5/9~). Legal Inter~. Lega! De~rtment. Peffon~ed research in the Libra~ of Con~-ess and w~ote comparative analysis fo~ the harmonization of regional legislation in intellectual properS. SETERIE LUIGI BULGHERONI. Lake Como, ItalY. (7/90 - 12/92). Legal Consultant Silk manufacturing corporation: Prepared and negotiated licensing agreements. Worked with copyright registration. Other Professional Experience YtYPI 1NTERNET INC. (Currently YupiMSN). Miami Beach, Florida. (6/97 - 6/00). Content Edltor and Business Developer. Foandine team member of company Purchased by The MicrosoR Network in 2002. Responsible for content. DraRed and negofiat~l strategic alliances. Prepar~ presentatiOn for investor. CARDS FOR WOMEN. Washington DC and Delray Beach, Florida. (6/95 - 12/99). Founder and Markeang Director. Specialized in reproduction of artwork. Placed company on the list of top 100 US HisPaniC BuSiness. Ciieat list included Walt Disney, Coca-Cola, Exxon and Jitibank. Participated in White House Presentation for Hill~ Clinton. CONSULATE OF THE DOMINICAN REPUBLIC. Paris, France. (1/88 - 5/90). Assistant to the General Consul. I-Iandied commercial receipts and visa documentation. Served as liaison and translator for investors and diplomats. CITY ~OF DELRAY BEACH BOARD MEMBER APPLICATION 19~3 2001 Please type oF print the following information: 2. Hom~ Address: ' 3. ~ Re~&nce Ci~ State ~p C~e 4: Pfin~'Bu~ness Address: Ci~ State Zip Code 5. Home ~ne: B~in~ Phone: ~A~ess: CeUPhone: .F~: 6. &e Y°U a r~i~red v°~r?¥e % ~f~op~here =e you r~stere&>gffAC~ Cou~T~, f~eri~cT qota 7. ~at Bo~d(0 ~e you inter.md ~ s~g? Please ~st Murdet of p~eference: 8. ~st ~ ~ Bo~ds on w~ch you ~e ~enfly s~ng or have prex4o~ly se~ed: ~lease include ~tes) ~O~ 9. ~u~fio~ qu~fi~fio~: tl. ~ ~ ~q or m~ ~ ~1~; md position: 2. D~be expefimces, s~ or ~owte~e ~ch q~ you to sen, e on ~s ~aM: ~lmse amch a brief r~me) hereby ~ ~at ~ ~e a~ve statements ~e ~e, and I ~ee md und~smd ~at any ~mtement of mt~fl facB con~ ~ ~s appOrtiOn may ~ forf~e upon my ~a of my ~poin~t I may re~ive. Note: This application will remain on file in the CityClerk's Office for a period of 2 years from the date k was submitted. It wiU be the L.M=J~n~ '"' ~r^ q~J~l ~ applicant's responsibility to ensure that a current apace9q ~-ql~ ~. AUG 1 ~ 2003 CITY CLERK 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or pzint d~e follc)w~R infnrm-tion: 2. Home Adrift. ss: · J. Legal Redolence: Cit~ ' Sum Zip Code · State Zip Code 4. Pz~d~¢us~ess Address: ~% ~ 5. Home Phone: Business Phone: E-Mail Address:--/-~ Ce. Il Phone: Fax: 6. Areyousrcgisteredvmer? V~z_.~ ifso,.hcrCsreyourcgistcrcd?...p.2~_/)~_.,~y '7. Xinu'hat Board~%l.are you interested in se ~rying? Please list in ordcr of pref~cc ~1)~/ /~o,~/-a_~ -~/?~//?~_ /.~ ,~-,~ 8. List all Cit)- Boards on which you are current~, serving or have pieviously served: (Please include dates) 10. List an)- related professional cenifi~ions and licenses T)~ich you hold: 11. Give your pr¢sent, or mol~t ~ectwA ~ploye~, and position: 12. De~c~be ~-W.~er~ ~ o~ ~=~wled~ wh~h qu~lWy you m s~-ve on th~s hoard: (Plc~sc ~h · b~cf'remmc) l .%~a~,.~ cc~y d~t ~ thc tbovc sf~i~ncms Lre u'uc, tad I ~ and und~,~,Ad'th~t c°nA~dned in this aPP. licadon may cause forfeiture m:,on mv mn of any s~oln - '- '""--' ...... s]G~a~ JUL 2 q 2003 appUcadon will remain on file in thc ~.~lC~lI8~or a pe~od of 2 years fi.om the date it was submined. It x~ be the app1/cant% zx~pc~lli~y t~t~'u~ ~at · current a~pl/cagon is on file. RESUMI~ FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUI]~R NEWSPAPER (14 Yrs) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (multimillion dollar producer) PRESIDENT: MERRITI' PARK HOME OWNER'S ASSOCIATION (4 yrs) BOARD MEMBER PROGRESSIVE RESIDENTS OF DELRAY (2 YEARS) MEMBER S~g/N'W REDEVELOPMENT TASK FORCE (FROM INCEPTION) PRESIDENT BEAUTIFICATION COMMiTI~.E FOR TIlE NW/SW REDEVELOPMENT TASK FORCE) MEMBER DELRAY LOOP a. CO-MANAGED TROLLEYS FOR OPENING DAY EVENT b.WORKED ON CLEAN-UP COMt~TTEE DAY BEFORE OPENING OF LOOP-PICKING LIP GARBAGE IN SW/NW SECTIONS c. WORKED AT DELRAY FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBUTING ANNOUNCEMENTS OF THE FOLLOW lNG WEEKS OPENING CEREMONIES MEMBER FUND RAISING COMMI~E FOR THE MILAGRO CENTER. DELI~¥ BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the £oUow~ information: 2. Home, Add~es,s: , } ~ Ci 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code $. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6. Are you a registered voter? V~ .~ If so, where are you r~istexaxt? 7. /XX~hat Board(s) ate you ir~erest~d in serving? PleasA nSt in order/of preference: ~. 8 List all City Boards on which you are currently serving or have previously served;JPlease_indude dates) ~'~ 9. Educafio~gal qualifications: ,~, ' ' i6.' List an),.. [ela~ed professibnal, certificanons_ and licenses Which yog~nold/ c 11. Givo. vournresem, or most recent employer, and position: r'~ ~/ ' 12.- D~esctibe ,xpe~nces, s~J~ls or kno~tedge w,hi~ch ~:alif~ you to Si~e on ~(fis board: (pi~e atm. r. la, brief resume) · ' ( , I hcr~' ~.at ~11 the abore statements ~re ~ue, ~md ! agre~ ~.nd underst~d &,t my ~ssmt~t of mate~ fa~ ' co [, ~ ~,fion ~y cause foffd~, upon my p~ of ~y ,p~ent I may SlG~ Note: This application will remain on file in the City Clerk's Office forl~l[~d~l$~[xom the date it was submitted. It will be the applicant's responsibility to ensure that'a'c~'2xrT-ni-application is on file. CITY CLERK D~I~Y B~ 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t~pe or print the following in£orm~rion: Z Home Address: 3. ~ R~id~ce: ~ ' State ~p ~e 4. P~d~ Bm~s Address: Ci~ S~m ~p Code 5. Home Phon~ B~s Phone: ~ Ad'ess: C~ Phon~ F~: 6. ~ you a r~ster~ vomO -, r -- ~If so, where ~e you r~ster~ 7. ~t ~d(s) ~ you ~tc~st~ ~ 8. ~st ~ Ci~ Bo~ds on w~ you ~e 10. ~st ~y r~d prof~sio~ c~fl~fions ~d ~cens~ w~ch you hold: 11. Give yo~ p~s~G or most rector mployer, ~d 12. ~ ~dms, s~s or ~w~ ~ ~ you to se~e on ~s ~ &line am~ a brief r~me) X RECEIVED JUL 3 0 200~ CiTY CLERK CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1. Last Name: 2. Home Addres~ 3. Legal Residence: 4. Principal Business Address: Name City~ ct ua City State State State $. Home phone: Business Phone: E-Mail Address: 7. What Board{s) aze you interested in setvinfi9 Pleas~ Cell Phone: Zip Code Zip Code -/ri-/, 8. ~I,:~s~ t all City Boards on which ~ou are currently sereing (~r fia~e previously served; (Please fnelude dates) 9. EdUCational quaiCrations: 10,' ~t my ~Nted professionM c~fi~fi~s md licmses ~i~ you hold: I 1L Give your present, or most recent employer, and position: ...... 1'-4~ov o2! ~o,.ua tv., c_.-~. 12. DesculJe experien~:es, skills or lmowleilge which qt~alify you to se&e on this board: (Please attach a brief resnme)- , ........ I he,by certif~ th?~t klt the above statements are true, and I agree and understand ~hat my mi~alatement of material fact~ conufined in this application may' cause forfeiture upon my part of ~y appoimment ! may receive. . / ////.,.Z. ' Not;: 'l'his ap~;;leaaori,,A-a'tL4n~ on file ~ the City Clerk's Omce for a pefod o£ 2 years from me date it'w~s" submitted. It will be the applicant's responsibility to ensure lhat a current application is on fil~ Samuel Resnick 2835 SW 13th Street Delray Beach, Fl. 33445 Phg 561.330.8419 Resume of Samuel Resnick 1. Education a) Graduated from City College of New York in Aug. 1949 with a Bachelor of Civil Enginexing Degree. b) Completed various courses in Building Code Administration and code analysis. Theses courses were given by Building Officials and Code Administrators, International. (BOCA) 2. Licensing a) Retired professional engineering licenses- Florida, Connecticut, New York, New Jersey, and Vermont. b) Retired registered architectural licenses- Florida, Connecticut, New York, Mass., Vermont, Delaware, Penn~qylvania, and the National Council Architectural Review Board. e) Certified as Chief Building Official by State of Connecticut in 1979. 3. Organi?ations a) Was member of State of Connecticut Codes and Standards Committee from 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk State Technical College. c) Member of the construction panel of The American Arbitration Association. d) Member of the Palm Beach County Board of Education oversight committee on school construction from 1995 to 1996. 4. Experience a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct. See attached letter. b) August 1986 to Oct. 1991- Private practice as Architect-Engineer. c) March 1978 to August 1986- Director of Code Enforcement and Ch/efBuilding Official. d) June 1957 to March 1978- Private practice as Architect-Engineer. e) From 1939 to 1957- (excel~t for two years in U.S. Navy and three years in enginering school) worked for various architectural and engineering firms. 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: S~te Zip Code 2. HomeAdd~ess_4v~x fi/~eex~e etec-r ~0e-~o~ ~ ~c 3. ~ Residenc~ Ci~ State ~p C~e 4. P~dp~ Bus'ess Ad'ss: ~ State ~p ~e 5. Home Phone: B~ess Phone: ~ Address: C~ Phone: F~ If so', wh~e ~e you r~stemd? 7. x~at Board(s) ~e you ~ter~ ~ s~? P~ ~st ~ ord~ of pref~: 8. ~st ~ ~ Bo~ds ~ w~ you ~e c~fly ~g or have pr~o~ly s~: ~ ~dude ~s) 9. ~u~fionfl q~fi~fions: 10. Dst ~y r~t~ p~fessio~ ce~Sca6ons ~d ~censes ~ch you hold: 1i. Give yo~ p~n~ or most r~t ~olo~r, ~d portion: 1~ Des~be ~pe~m~s, s~lk or ~owl~ ~ch q~ you to s~e ~ ~s bo~d: ~l~e am~ a b~ef res~e) I h~eby ~ ~at ~ ~e~ove sm~ ~e ~e, md I ~ ~d ~smd ~at my ~mtm~t of ~ ~ ~~~e fo~e ~oa my p~ of ~y ~po~t I may rec6ve. Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date itwas submitted. It will be the applicant's responsibility to ensure that a Current application is on file~ RECEIVED MAR 3 1 2003 CITY CLERK Attachment to Section 12 City of Delray Beach Board Member Application I believe I am qualified to serve my city on one of its boards because of my professional experience, my commitment to seeing our city grow and prosper in an orderly fashion, and my belief that the needs of all our citizens should be served in a fair and compassionate manner. First, I am a licensed and active Realtor" in the City of Delray Beach. I am committed to supporting a balance between our r, ccd for growth and development and our desire to maintain our dch cultural heritage. I believe that opportunities for growth and development should reflect and support both our city's history as well as our need to supply all our residents with a wide range of housing, educational, employment and entertainment opportunities. My previous experience as a senior executive in the high technology industry enables me to understand the impacts of budgets on growth and gives me the ability to make the sometimes hard decisions required to balance ~needs" with ~wants." As a manager familiar with strategic and long term planning I understand the need for implementing orderly and controlled processes for viewing a wide range of requirements and the benefits of consistency in any review process. Second, I feel a strong commitment to seeing our city grow and prosper. I was among the first graduates of the Delray Beach Resident's Academy (November, 2001) and found the experience both educational and inspiring. I learned a lot at that time I promised myself that I would be back to take a larger part in making our city one I was proud of. As a resident I take pdde in "my city" and do all I can to show that pdde by attending events and taking an active part in city business. I have attended numerous Commission meetings and learned a lot about the process of how our city government operates. Now I feel it is time to give something back and participate in a way that will have an impact. Instead of just talking about what happens, I want to volunteer to help make things happen. Finally, I believe the nccds of all our citizens should be served in a fair and compassionate manner. The many boards in our city are charged with implementing the rules and procedures by which we live. Rules make our society ordedy and allow opportunities for all to live peacefully and in harmony. Yet I believe those rules should be enforced with an eye toward the end result they were intended to achieve. As such they must be dealt with in a fair, responsible and compassionate manner that allows all city residents to enjoy the city,s benefits and its opportunities. 3498 HARBOR CIRCLE, DELRAY BEACH, FLORIDA 33483 HARVEY D. STARIN TEL 561-272-1665 - FAX 56%243-608? - EMAIL: hstarin~aol.com Strong Sales Skills, Focused On Results & Customer Satisfaction · Strong customer relationship management skills and extensive customer service experience · Skilled at customer development and sales. Highly organized time manager, adept at balancing multiple competing objectives Extensive customer facing direct sales and sales management experience · Excellent writing and presentation skills. · Skilled tradeshow manager, from concept and theme development to show/booth management. · Licensed US Coast Guard Captain -i~,DUCATION BS, Adve~ising and Marketing, University of Florida MBA, University of Fierida Kellogg School, Nor~vn~tern Univers'ay, Executive Leadership Program PROFESSIONAL EXPERIENCE Senior Marketing Executive Experienced in Marketing, Sales, Strategic Planning, and Operations 2001 to 2002: Saratoga Teleenm~ Inc.: National Retail Sales Manager. Hired, developed and managed outside sales force selling telecommunications services to and prepaid phone card products to the maritime industry nationwide. Performed direct customer contact. Developed retail sales strategies to increase volume and market penetration in this highly competitive industry. Developed and prepared reports for sales, distribution, sales force productivity and demand forecasts. 1999 to 2000: e-exhibit.com~ Boca Raton~ FL Co-Founder and President of Internet Business-To-Business e-commerce startup venture with respons~ility for all activities associated with creating and building the first Internet "Virtual Trade Show." 1997 to 1999: Lucent Technologies New Ventures Group~ Murray Hill NJ General Manager - Persystant Technologies: Created and launched a new Lucent Imernet startup venture for the delivery of interactive training over the Imernet. Responsible for negotiating and closing all initial test customer and first service client contracts with Fortune 100 firms. Created the vision for the company, directed sofhvare development and all customer related activities in the multibillion-dollar adult learning corporate training market space. 1993 to 1997: Lucent Technologies & AT&T, Basking Ridge~ NJ General Manager- Learning Works: Created and brought to market the Lucent Technologies "Learning Works" integrated solution business to address the multibiilion dollar opportunity in applying high technology to the training and education market. Successfully initiated product testing and f'~st service sales with senior training and corporate executives of partner fa-ms. Director of Marketing and Strategic Planning: Crested and coached the teams that delivered high impact customer sale support applications to support penetration of visual communications products and network services among large business custombrs. 1988 to 1992: AT&T General Business Systems, Parsiunanv, NJ Product Marketing Director:. Responsible for all product marketing activities, marketing collateral development, sales support materials, trade show management and execution and media relations. Other Experience: AT&T Information Systems: Branch Sales Manager - Ft. Landerdale, FL and Atlanta, GA. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # O~x[ - REGULAR MEETING OF AUGUST 3, 2004 APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS DATE: JULY 30, 2004 The terms for George Brewer, James Griffis, Mary Ellen Keating, Clifton Miller and Chris Ryan will expire on August 31, 2004. Mr. Griffis and Mr. Ryan have both fulfilled two full terms and are not eligible for reappointment. Mr. Brewer, Ms. Keating, and Mr. Miller are eligible and would like to be considered for reappointment. The term would be for two years ending August 31, 2006. To qualify for appointment, a person shall have actual previous experience in their respective trade or profession deemed sufficient by the Commission. Residency is not required. A person need not own/operate a business in Delray Beach. Membership is composed of the following: An air-conditioning contractor, an architect, two general contractors, a master electrician, a professional engineer, a master plumber, a realtor or insurance agent, and a sign contractor. Attached is a listing of the current Board members and their occupations. The following applicants would like to be considered for appointment. Please see Exhibit A A check for code violations and/or municipal liens was conducted. None were found. Voter's registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Mayor Perlman (Seat #5), Commissioner Costin (Seat #1), Commissioner Amher (Seat #2), Commissioner Levinson (Seat #3) and Commissioner McCarthy (Seat #4). Recommend appointment of five (5) members to the Board of Construction Appeals for a two year term ending August 31, 2006. BOARD OF CONSTRUCTION APPEALS EXHIBIT A A/C Contractor Architect Jose Aguila George Brewer General Contractor Clifton Miller Electrician (also applying for HPB, P & Z and SPRAB) (ineumben0 (incumbent) (also applying for Board of Adjustment) Engineer Plumber Real Estate/Insurance Agent Pearl Bunny Markfield Elrod Sign Contractor (also applying for Board of Adjustment, HPB, P & Z and SPRAB) Miscellaneous James Houck Mary Ellen Keating Jeremy Office Norman Rosenblatt Patricia Westall (Property Manager) (also applying for P & Z) (Construction/Teacher) (incumben0 (Financial Advisor) (also applying for P & Z) (Environmental Supervisor) (Consultant) os/o BOARD OF CONSTRUCTION APPEALS TERM REGULAR MEMBERS OCCUPATION TELEPHONE EXPIRES 08/31/2004 George Brewer Architect Office: 272-7301 Appt08/06/02 204 Northwest 9~h Street Home: 272-1119 Dekay Beach, FL 33444 08/31/2005 Ron Brito, Vice Chair General Contractor Office: 279-0311 ^ppt0o/04/01 2559 Webb Ave #2 Home: 734-8828 Reappt 08/19/03 Delray Beach, FL 33444 Fax: 279-0335 Cell: 561 441-1767 08/31/2005 Reginald Cox Project Office: ^ppt08/19/03 5677 Pacific Blvd Coordinator Home: 347-9131 Boca Raton, FL 33433 Fax: 266-5748 Cell: 573-1131 08/31/2005 Lesley Deutch Realtor Office: 561 252-0175 Appt 08/19/03 122 Via d'Este #504 Home: 495-2920 Delray Beach, FL 33445 Fax: 495-2920 08/31/2005 Fred Fetzer Engineer Home: 276-6712 UnexpAppt04/I5/03 932 Evergreen Drive Cell: 715-9030 Reappt 08/19/03 Deltay Beach, FL 33483 08/31/2004 James A. Griffis, Chair General Contractor Home: 276-0068 Unexpired 03/00 555 S. E. 6th Ave. #11-D Fax: 278-8303 Rexppt 10/00 uewpt os/06/02 Delray Beach, FL 33483 08/31/2004 ! Mary Ellen Keating Construction/ Office: 561 540-9100 Unexp Appt04/18/03 5749 Via De La Plata Circle Teacher Home: 865-4500 i Delray Beach, FL 33484 Cell: 212-9280 08/31/2004 Clifton Miller General Contractor Home: 4994899 Unexp appt 04/15/03 4691 Hammock Circle Ceil: 954 557-8688 Delray Beach, FL 33445 08/31/2004 Chris Ryan Air Conditioning Office: 736-I043 ^ppt 10/00 1072 SW 25~h Avenue Contractor Home: 719-0845 Reappt 08/06/02 Boynton Beach, FL 33426 Contact: K~ren Schell 243-7056 Send Agenda to: George Diaz & Brian Shutt S/City Clerk/Board 03/BOCA JUL-15-S804 08:19 FROM:CURRIE SOWAROS ASJIL 561-243-8184 TO: 1993 2001 CiTY OF DELRAY BEACH BOARD MEMBER APPLICATION P.1 2. Home Ad&~s: Ci~ S~tc ~ Code 3. ~ R~de~ce: ~ ~ S~te ~p Cod~ 4. p~D~s Ad~ss: ~ S~te ' 7.1p S- Ho~ Ph~e: Bu~s Ph~ ~ Add.s: C~ Phoae: F~: ) ,' j 10. ~ ~y ~ted pzof~do~ ~s ~d ~s~ ~;eh ~u ~: 11, ~c yo~ pI~g OZ mO~ tec~t mpl~, ~ I h~ c~ ~t ~ ~e above s~r~onU ~ ~ md I ~ and ~d~d ~t O. ~GNA'/~ ~ ~ - CITY CLERK JOSI~ N. AGUILA, A.I.A., NCARB Home 800 SW First Court Boynton Beach, Florida 33426 (561) 737-8894 AR 0015349 O~'~ce 134 NE 1st Avenue Delray Beach, Florida 33444 (561) 276-4951 QUAUFICA TIONS EDUCATION CERTIFICATIONS MEMBERSHIPS WORK EXPERIENCE PAST BOARD MEMBERSHIP Registered architect with over twenty years of architectural and construction related experience ranging from residential to large scale commercial and governmental projects, with proven abilities in production, project management and construction administration in both public and private sector. Bachelor of Architecture Florida A&M University, 1988 Bachelor of Science in Architectural Studies Florida A&M University, 1981 Florida Registered Architect Member American Institute of Architects National Council of Architectural Registration Boards June '99 - Present, Project Manager/Architect, Robert G. Currie Partnership, Inc. March '98 - June '99, Senior Construction Manager, O'Connor & Taylor, Inc., General Contractors. September '93 - March '98, Construct on Manager/Architect, City of Delray Beach. March '83 - SePtember '93 Currie Schneider Associates AIA, PA. Delray Beach, Florida. Associate, Project Manager. BoYnton Beach Building Board of AdjuStment and Appeals Boynton Beach Planning and Zoning Board Boynton Beach Downtown Review Board Boynton Beach City CommiSsioner/Vice Mayor Boynton Beach Community Redevelopment Agency Palm Beach County Municipal League Treasure Coast Regional Planning Council Boynton Beach Planning and Development Board 15:16 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 ~,. l~gal Reddcnce: City I 4. P~ncipa] Bu,m¢~s ~d~: C~ ~ Zip Code S. H~m~ Phone: Bu~a Phone: E-M~ Ad~esa: C~ Phone: I Fax: 6. ~e you a ~e~st~ed *otez¢ ~5 If so, whe~ ~c you ~td? 7. ~at Bo~d(~) aze you ~t~ea~ ~ ~mgP Plea*e ~,t m ozdez of pier'once: ; 8. ~t I~ CiB'~oar& on which you ~, c~:d)- *e~-mg ~ ~ve pr~dafly *creed: 10. list Ifil)l ~cJaced professional ce~ficadom md ~cen~, w~ch you hold: Ii. Gi~'e yo~ pxesem, ot mo*t receat employ, md p~i~on: Note: This apphcadon will z°aaam on file in the CAt5- Clerk's Office foe · period of 2 yetrs from the date it was submitted. It will be the applicant', r~ponsJbiiit'y, to *n.ure that a cut'xen! ~pplleafion i, on file. DELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 3. Legal Residence: City . 4. ~dp~ Bus.ess Address: ~ S~ ~p Code ~5. Home ~one: Bu~ess Phon~ ~ Ad'ss: ~ Phone: F~: 6. ~e you a re~st~ed 7.' ~at ~(s) ~e you ~ested ~ $~? Here ~t ~ ~ ofpgf~ 9. ~u~do~ I0. ~st ~y ~ted p~essio~ ce~fi~dons ~d ~c~ses ~&yo9 hold: I1. Give yom pre,cng or most ;ec~t ~pioy~, ~d ~om , :: 'This application will remain on file/n the City Cleidt:gQ.ff~ ~g:tgaiod of 2 years from the date it was submitted. It will be the applicant's tespomibilit~~at'Zc~nt application is on file. HAR 0 9 200/~ ~.o. ~,.rv ~1 PRK 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Pl~se type or Print thc following info~-~fion: 1..Lsst N~me: ~ Home Ad'ess: State State State Zip Code Zip Code Zip Code 5. Home Phone: [ Business Phone: ] E-Mail Ad&ess: ].Cell Phone: [ F~x: ~ 6. Are you a re~stered voter? If so wh~e ~e you te~stered? .7~ ~at Bo~d(s) ~e you ~t~ted ~ a~ Pl~se fist & order of~ref~c< ~. t~ Jl~ :1 9. Educational qualifications: 10. List ,an) ,elated professic , · ] 11. Give your present' or most 10. List ~ny related professional certifications and licenses which you hold: Give your present' or most recent employer, and position: lz D~cfibe experiences, skins or kno,,qedge,~hich qu~ify yoa to serve on this ~ (Please .tach. brief re,amc) I hereby certify that all the :above statements are true, and I agree md understand that any misstatement ofmatesial facts contained in this application may cause forfeiture upon my part of:my appointment I may receive. S~ GN.-XTORE 6/ DATE Note: This application will remain on file in the City Clerk's Office f~'~r'~s fxom the date it was aubmJtted. It ~ be the applicant's responsibility to ensure that a current application is on file. PIAR 3 1 2003 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please' infom~fion: 2. _,Home~.Addr~css: % Sum Zip Code 3. ~ Re~dencc: 5. HomcP~nc: Bu~cssPhonc ~Ad~ss:l _Id ~Pho~c: F~: 10. ~st ~)' ~eAted pmAsdo~ cc~fi~s ~d hc~ses ~ you bold: l !, G~e your, prcsenk or most ~c~plo~, ~d IZ ~ ~cfim~s, ,~m, ~ ~e~ ~ ~.l~ ~ m ~c ~ ~ ~: ~ ~ a barf ~c) s~¢~ JUL 2 PP 411 roman on file in the ~.it~4~gSlC~N~or a period of 2 years from thc chte it was submitted. It will be the appUcaflt's respoAgf~li~y t~t~ts~ul-c"t~t · current application is on file. RESUME FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER 04 Yrs) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (mulfimillion dollar producer) PRESIDENT: MERRITT PARK HOME OWNER'S ASSOCIATION (4 yrs) BOARD MEMBER PROGRESSIVE RESIDENTS OF DELRAY (2 YEARS) MEMBER SW/NW REDEVELOPMENT TASK FORCE (FROM INCEPTION) PRESIDENT BEAUTIFICATION COMMITTEE FOR THE NW/SW REDEVELOPMENT TASK FORCE) MEMBER DELRAY LOOP a. CO-MANAGED TROLLEYS FOR OPENING DAY EVENT b.WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING OF LOOP-PICKING UP GARBAGE IN SW/NW SECTIONS c. WORKED AT DELRAY FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBIYrING ANNOUNCEMENTS OF THE FOLLOW lNG WEEKS OPENING CEREMONIES MEMBER FUND RAISING COMMITTEE FOR THE MILAGRO CENTER_ DELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please tTpe or print the following information: 1. Last N ~a~e:/]/~ ,. M.I.~ 2. Home. Ad.ess: , } ~ 3. ~ Residence: CiW State ~p Code 4. P~cipal Business Address: Ci~ S~te ~p C~e 5. Home Phone: Business phOne: I E-M~ Address: CeR Phone: F~: 6. Are you a re~stered voter? ~ % If so, wh~e =e you 7. ~at Board(s) are y~ou i~erest~d ~ se~g? Pleas~ ~st ~ order/of~re~erence: st~ CiW ~oards on w~h you are cu~enfly se~g or have pr~ously se~ed~leas~pclude dates) 9J Educational qu~ficafions: ~ ' ~.O ~ 10.' hst an[ [ela~d pro(~si;n~ ~erfificafions and ~censes w~ch yo~old/ c i I. Oiv~Vou~csem, o~ most ~cant am~In%~, ~ ~sifion' 1Z- Describe expe~nces, s~s or ~o~edge w~fffod tO Seine o'n ~s bo~d: ~l~e,a~ a bdef resme) I he~ffiq &at ~ ~e aboF= s~tements are ~e, md I ~ee ~d mders~d ~at my ~ssmtement ofmate~ facu co~ ~fion ~y cause forf~e up~ my p~ of any appo~ent I may r~ve. Note: This application will remain on file in the City Clerk's Office for~-r~lati~rom the date it was submitted. It will be the applicant's responsibility to ensure that'a'c"t~rr'~'n~pplication is on file. CLERK 200~ CITY OF DE?--I:I,~Y B~--ACH DOAD_I~ UI~"UDI~D ADDI 1. Last Name: office 2837 Co£mc, eanc Road 4. I>rincipal Business .Address 777 I.:. Acialrtcic Ave. ..quic¢ /'00 5. Home Phone: ] Business I'hoac: (561) 330-2713[(,5613 27fi-16t, 1 (:,. Arc you m ,'cgi:ircrcd vt,er? Pelroy Beach City ,s 33544 Zip Code __334~3 Del ray B.c.3,c~h FT~ E-Mail Addrcss:~ - l Cell l>honc: [ Of f i c e.l~O. Be.'l. l ..ou I: h. 11~;(~__(_561 ') 67(I- 71 't0t If.sc,. where arc you rcgqstcrcd? ~"har I$a)arcl(s) :*re you interested in scrxdng? l>]t:;Lse list in order l) ~'..1.all.0}l]g and Xonil~g 2)~OXE~of C,~n~rr,,c~On_Appcml.s Ne.~.g.hhorhood Advisory Council IJstMlCi~ Boacdson ~hlchyc,u~rccun'cntlysc~'ingorhavcprcvi~mslysc~'cd:(l>l~lsclncluded:tms) None-Currently 9. F. ducadonal qu:dificadons: I~..]3.A-I1 of Flat'ida. Ill. lJsr any related profcssiomd certificari~ms :tad licenses which you hold: Certified Financial ~lana~qr. Chartered Ret~.~ent' Pl:~nnin~; Counsl-'lo~,-r;,~= ~crl. em 66, Rarig~ 31, Haalch..%g~jl!nqnce, Life II~.quKO3)~c. Variable I 1. Give your prcscnr, o,' most recent employer, and position: 12_ Dcscri[~: cxpemcnces, skills or kno,v,'lcdgc which qmllify you to serve ,,n this Iw)ard: (Please ;tmtch a hric£ resume) c"ncaincd4n t~is-;[pplici~d°n/' ' /i 'may cause for£cirurc up~m my part o£any ;'l)l""im'mcnt I may receive. ~otc; This application ~qll rcm:tin on file in thc (2it~ Clcrk's (3fficc fi~r a peri~l of 2 ycars from ~c d~rc ir was suhmit£¢d. It will be thc applicant's responsibili~ to ensure that a currcnr application is RECEIVED J U L 0 9 200t CITY CLERK Jeremy S. Office 2837 Cormorant Rd Detray Beach, FL 33444 I Telopbone: (561) 330-2713 E-Mail: officej~bellsouth, net Developed strong management and sales skills while creating valuable networking and inter-personal relationships. Facilitated total customer satisfaction by exhibiting versatility, dependability and a bottom-line mentality. Proven ability to adapt to new business situations and in a short time period, performance has resulted in a path of consistently increasing responsibilities and promotions. Merrill Lynch & Company; Delra¥ Beach, Florida (April 2002 - Present) Financial Advisor (Global Private Client Group) April 2002 - Present · Serve as the Financial Advisor to over 90 households · Strong proficiencies in the arenas of Retirement Planning, Liability Management and Managed Money · Provide complimentary financial planning services to the employees of the City of Delray Beach Daleen Technologies Inc,; Boca Raton, Florida (December 1998 - December 2001) Partner Manager (Sales Division) April 2001 - December 2001 · Responsible for managing specific partners from pre-sales to the integration contracts ($50K-$1MM+). · Developed multiple new vertical markets for Dalcen and their Partners to enter. · Conducted sales training around the country for multiple partners and supported their Sales centers. Lead partner Services Manager (Partner Services Division) January 2000 - April 2001 · Team lead in managing budget, resources, contracts and statements of work. · Responsible for development of a team of three managers. · Responsible for rolling out new "Partner Maturity Model" and implementing the strategy. · Worked directly with the Director to create strategy, processes and documentation. · Major responsibilities were contract negotiation, contract analysis, preparing statements of work and coordinating resources to support our Integration Par~aers. · Responsible for over $500K of contributed revenue to our Professional Services and Train/ag divisions. Business Analyst (Professional Services Division) December 1998 - January 2000 · Lead a team of Technical and Development resources hi the first successful South American Implementation of the RevChain (BillPlex) product. · Concurrently worked to further develop the Business Analyst Forum as the Professional Services organ/zation tripled in size during this time. · First entry-level hire by Daleen Technologies. Part of a three member team that created the RevChain (BillPlex) "Package" which went on to serve as the competitive differen6ator in the market space. · Excellent hiter-persoual skills well suited for developing and sustaining long term relationships · Well-developed planning, communication and documentatiOn skills · Proficient in Excel, PowerPoint, Project, Outlook, Access, Word, and Photoshop. Masters of Business Administration (MBA) · UniverSity of Florida; Gaincsville, Florida; November 2002 Bachelor of Business Administration: l~nance (BA) Minors: MIS and Pre-Law. · Miami University; Oxford, Ohio; June 1998. Designations: · Certified Financial Manager (CFM) · Chattered Retirement planning Counselor (CRPC) · Certified Financial planner (CFP) - currently taking courses · Series 7, Series 66, Series 31, Life, Health and Variable Annuity Licenses CITY CITY OF DELRAY BEACH BOARD MEMBER APPLICATION RECEIVED MAY 0 7 2003 CITY CLERK RECEIVED JUL 2 ~ 2003 CITY CLERK 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or pdnt the following information: 2. Home Address: ~ Legal Residence: I / City City M.L Zip ~ q 9.5 Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: I Business Phone: I E-Mail Address: l Cell Phone: Fax: 6. Are you a registered voter? _ _ If so, wh&e a~ you re~istereck> 7. ~at Board(s) are ?qu interested in se~ng? P~e nst in order of prefereace:.: . 8. ;List all City Boards on which you are currenfly serving or have previously served: (Please include dates) 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: 11. Giv~ your present,:or most recent emnloyer and position: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts c n~ed~, in this application may cause forfeiture upon my part of any appoinrment~I may r~ceive. SIGNATURE ~.. -- DA rE , Note: This application will remain on fa.e, in the City Clerk s Qffice for a per:b~of 2 years from the date it was submitted. It will be the applicant s responsibility to e~ t~a~a~r~nt application iss, ro~nv~ffl~;c~o^uvavvuc~no, CITy CLERK PATRICIA T. WESTALL 1102 Seaspray Avenue Delray Beach, FL 33483 561.243.7959 Patricia_Westall~hotmail.com SUMMARY A high energy healthcare professional with over twenty years of experience in client services, specializing in clinical consulting, marketing, sales, strategic planning and administration. Excellent problem solving abilities and group process skills. Can work with professionals and groups at any level. SKILLS CLIENT SERVICES Managed hospital accounts at executive level as point of contact, from initial delivery/installation through complete product/service delivery with consistently high customer satisfaction ratings. STRATEGIC PLANNING Directed hospital strategic planning process. Served as planning consultant to clients for defining goals and objectives, negotiating vendor contracts and refining market share strategy. MARKETING Directed marketing activities for clinical outcomes management firm and was VP of Marketing for large urban hospital. COMMUNICATION Strong presentation skills refined through managing a variety of sales presentation models to large and small groups, including physicians and hospital boards. SALES Successfully sold multi year contracts for clinical / financial outcomes products and services to hospitals and health systems. EXPERIENCE June 2000- September 2002 Consultant and Independent Contractor, Atlanta Georgia and Delray Beach, Florida Hospital and Physician Practice Managed Care Cun~racting March 1998- June 2000 GE Medical Systems Healthcare Solutions, Atlanta Georgia Regional Director/Senior Manager, Client Services Responsible for account management for clients in multiple states as well account renewals and additional product and consulting sales. September 1990- February 1998 IAMETER, Inc., Atlanta, Georgia Senior Manager Presented, sold and delivered clinical outcomes products/services to administration and medical staff. Directed marketing activities and training of new sales, marketing and account management personnel. Participated in planning sessions as well as development of new consulting practice areas. July 1983- April 1990 GEORGIA BAPTIST MEDICAL CENTER - Atlanta Georgia Vice President, Planning and Marketing Directed planing and marketing functions for this 500 bed non-university teaching facility and its affiliated organizations. Coordinated strategic planning precess. Directed development of data support systems. Managed public, community and guest relations. Coordinated all physician support activities. Supervised staffin six supporting departments. June 1982 - July 1983 EGLESTON CHILDREN'S HOSPITAL AT EMORY UNIVERSITY Atlanta Georgia Strategic Planning Analyst Coordinated statistical support for facility strategic plan. Served ns liaison between hospital board, administration and long-range planning strategy consultants. EDUCATION 1990 1979 M.P.H. - Health Administration Emory University - Atlanta Georgia B.B.A. - Health Administration Georgia State University - Atlanta Georgia SELECTED PROFESSIONAL/VOLUNTEER ACTIVITIES · Society for Healthcare Strategy and Market Development of AHA · Georgia Society for Healthcare Planning and Marketing, Past President · Women Healthcare Executives, Founding Member · Georgia Nurses Foundation, Inc. Board Member 1994-1996 · GSHPM, Annual Meeting, 1993, Faculty · NAHDO, Southeastern Regional Meeting, 1994, Measuring Provider Performance, Presenter · Quality Review Coordinators of SW Ohio, 1994, Makin~l Sense of Data, Presenter · South Carolina Health Information Management Association Annual meeting, 1995, Presenter · International Communications for Management, Direct Contracting'96, The Future of Managed Caret 1996, Presenter · International Quality and Productivity Center, Best Practices in Direct Contracting~ 1996, Workshop leader · Community Service Award, Women Healthcare Executives, 2000 · Cedar Hill Enrichment Center, Board Member, 1999w2002 · Metro State Prison for Women, Atlanta, Volunteer, 1997-2002 · Palm Beach Literacy Coalition, Reading Tutor, 2003 - present · Delray Beach Residents Academy, Graduate, May 2004 · Beach Property Owners Association, Design Guidelines Task Force, 2003 -2004 MEMORANDUM TO: FROM: SUBJECT MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ (~ - REGULAR MEETING OF AUGUST 3. 2004 APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY DATE: JULY 30, 2004 Christopher Brown has submitted his resignation from the Downtown Development Authority creating a vacancy for an unexpired term ending July 1, 2006. To qualify for appo'mtment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement that at least four of the members must be owners of realty within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. Currently serving on the DDA and meeting ownership and tax payment qualifications are Mr. Louis J. Carbone, Mr. Perry DonFrancisco, Ms. Rita Ellis and Mr. Richard Sheremeta. The following have submitted applications for consideration: (See Exhibit "A" attached) Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Voter's registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Recommend appointment of one (1) member to the Downtown Development Authority to fill an unexpired term ending July 1, 2006. DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT "A" David Beale John Hart James Houck Linda Lake Francis Marincola Christina Morrison James O'Brien Kenneth Peltzie Norbert Poli Michelle Reich Andrea St. James Thomas Stanley Ronald Sullivan (meets tax qualification) (also applying for P&Z and SPRAB) (currently serving on the Nuisance Abatement Board) (also applying for Board of Construction Appeals and P&Z) (also applying for HPB) (also applying for P&Z and SPRAB) (meets tax qualification) (currently serving on P&Z-term ends 8/31/04 and is not eligible for reappointment) (currently serving on WARC - term ends 09/30/04) (also applying for HPB, P&Z and SPRAB) (also applying for HPB and SPRAB) (also applying for P&Z and SPRAB) (also applying for P&Z) 3ul 21 04 10:49a DELRAY BCH CHAMBER 5612780555 p.2 Christopher J- Brown 21gNW 9~ Street Delray Beach, FL 33444 561-265-1148 and 561-330-9612 (fax) _ hria July 19, 2004 Ms. Rita Ellis, Chairperson Downtown Development Authority City of Delray Beach 64-A SE 5~' Avenue Delray Beach. FL 33483 Re: Letter of Resignation Dear Rita: With great regret I hereby tender my resignation as a 'member of the Board of the DDA. apologize for not being able to make the meetings of the Board, and every month my good intentions of attending were thwarted by my project in Sarasota. As we discussed, am building a condominium in Sarasota which should be completed in early 2006 and hopefully then I will be able to return to my civic interests in Delray Beach. Please extend my apologies to the staff and fellow board members for not being able to fulfill good attendance for this most important City board. T~ank you~/~ ,eing so patient over the last six months. Dec 17 2003 12: 13PM D~VID 8. BE~LE, P.8. {SGll 243-31GG p.2 CITY CLEEE {~1002 BOARD .MEMBER APPLicATioN subm]~.d. It ~H bc d~ Sj~cafltbs rL-spo~bilJty ~:] cnltt~ t~dt · cmz~t tppli~t'6on h on EL:. DEC I 7 2003 CITY CLERK NEW ¥OP.I~ NEW YORK 10017 DAVID A. BEALE, P.A. Attorney and Counselor at Law 355 N.E. 5~ Avenue- Suite #1 DELRAY BEACH; FLORIDA 33483 TELEPHONE (&5t) 243-1477 FACSIMILE (~61) 2~,3-31~ EM2dL ~k3~@co~.~u CELl. PHONE (561} 213-204~O N~ YOPA~ OFF[CE: TELEPHONE (212) 949-0203 OR (212) 682-2.288 FACSIMILE (212) 682-2474 DAVID A. BEALE David A. Beale is a graduate of Cornell University (B.S. 1971) and Fordham Law School O.D. 1974, Law Review 1972-74). He is a member of the New York Bar (1975) and Florida Bar (1990). David Beale is a member of The American Bar Association, The Florida Bar Association, New York State Bar Association, Association of the Bar of City of New York, Palm Beach County Bar Association, and the South Palm Beach County Bar Association. He belongs to the Entertainment Arts and Sports Law Section of the Florida Bar, where he is on the Executive Council and Chairman of the Publishing Committee. He is also active in the Media Law Committee of the Florida Bar, and the Intellectual Property Law Section of the New York Bar Association. Mr. Beale has spent his entire career representing the needs of small businesses and their owners, the sizes of which range from start-ups to companies with $ I00 million in sales. His practice encompasses all types of corporate, partnership, employment and commercial agreements, including leases, property purchases, and financing agreements, as well as all types of litigation that relate thereto. He is able to work with clients who have sole proprietorships as well as partnerships and corporations, and to guide them through the intricacies of licenses, fictitious names, incorporation, corporate document requirements, employment agreements, shareholder, voting and buy-sell agreements, confidentiality and non-compete agreements, mergers and acquisitions and creditors rights. Mr. Beale can give guidance on vendor, service and software agreements, as well as negotiate and litigate disputes over same. Mr. Beale frequently develops new approaches to issues and problems when advising clients and, as needed, when litigating on a national level, while remaining constantly aware of the client's desire to remain cost efficient in today's economy. On a personal level, Mr. Beale can advise and counsel on all types of matters, including wills, trusts, health surrogates, powers of attorney, living wills, and probate, real estate, rentals, name changes, bankruptcies, debtors and creditors rights and homeowner and association rights. When a client's need arises, he works with the best attorneys in the fields of matrimonial, personal injury and estate planning. Real estate closings can take place in his suite, with title work done by associated counsel. Clients of the firm are found in the areas of banking, publishing, distribution, marketing, licensing, food, drugs, cosmetics, restaurants, real property, direct mail, fulfillment, accounting, non- profits, party planning, catering, equipment sales and financing, and employee management and training. He has extensive experience in employment law issues, and spends a great amount of time counseling companies and their human resources professionals with questions concerning discrimination, harassment, disabilities, EEO, Family Medical Leave and Fair Labor Standards. If such issues cannot be resolved by counseling and negotiation, Mr. Beale has litigated all types of employment law issues. Mr. Beale is outside general counsel to a national and international distributor of magazines and books, employing over 1500 persons nationally. Mr. Beale has also represented national magazine and book publishers, and film and video producers, and has negotiated and drafted contracts for clients that cover every' conceivable area of need, including copyright, trademark, rights acquisition, licensing, publishing, distribution, printing, mergers, and assets and stock purchase and sale agreements. He also has extensive litigation experience in state and federal courts all over the country in all related areas, which include infringements of all types, libel, slander, invasion of rights of privacy and publicity, First Amendment issues, unfair competition, as well as enforcement of contract rights in these areas. COMMUNITY ACTIVITIES Mr. Beale believes it is important to participate and give back to the community he serves. As such, Mr. Beale is a member of the Delray Beach Chamber of Commerce, where he sits on the Local Governmental Affairs Committee and the Year 2000 Awareness Group. He is also on the Capital Campaign Committee of Pineapple Grove Main Street, Inc. and its Grove Att'walk Project where he does the legal work on a pro bono basis. Mr. Beale also is Vice President for Youth and Education of Temple Beth El in Boca Raton, and is a Director and Executive Board Member of the Jewish Education Commission of the Jewish Federation of South Palm Beach County. INTELLECTUAL PROPERTY AND MEDIA PRACTICE David A. Beale is experienced to handle a wide array of issues and problems in this practice area, including representation of magazine and book publishers, distributors, film and video producers. The areas of expertise covered by Mr. Beale's practice include the following: Trademark and Copyright Practice - This area encompasses everything from registrations, development, licensing, infringements and unfair trade practices. Experience indudes litigation of all types, from the Trademark Office to federal court actions for infringement action, including the prosecution and defense of preliminary injunctions. Publishing - The firm has extensive experience in negotiating both magazine and book contracts covering the following areas: publishing rights, printing, distribution, licensing and fulfillment. * Media - The firm can meet all need in this area, including, libel, slander, rights of privacy and publicity and all other First Amendment issues. EMPLOYMENT LAW PRACTICE Mr. Beale has represented clients with employment law problems ranging in size from five to two thousand employees, in every aspect from counseling to litigation. He has represented clients before Unites States District Courts in employment related cases all over the country, as well as appearing before the EEOC and state human rights agencies in Florida, New York, Tennessee, Illinois, Texas and Missouri. David A. Beale believes the most effective way to handle employment law claims is through a preventive approach. This means that he will work with each client long before any daims arise. Ifa problem surfaces, litigation can be handled in a cost effective and professional manner. In today's business environment, companies are recognizing that it is essential for an experienced lawyer to draft and/or review employment policies, procedures and provide training to all supervisory personnel. After extensive consulting with the client's Director of Human Resources, or other responsible individuals, in order to determine the problems and issues specific to each client, Mr. Beale will ensure that the client is prepared to handle the wide array of employment law issues that may arise. These may include one or more of the following areas of employment law: *Hiring and evaluating employee~ *Supervisory training *Employment discrimination, and harassment Title VII, ADEA, ADA *Employee personnel files and right to privacy *Employee evaluation *Security issues *Job safety *Reduction in force; re-engineerin8 *Compensation & work schedules *Employee Compensation & fringe benefits *Employment termination *Employment contracts & agreements *Drug te~ting *No smoking policies *Disciplinary programs and procedures *AIDS *Family Medical Leave Act In counseling and litigation, Mr. Beale emphasis the business approach that employers appreciate, taking into consideration the need to run a business in today's competitive climate while complying with the law, and helping employers achieve the optimum from their employees, i.e., their human resources. His loss prevention and litigation skills are needed to serve your needs, and work with your Human Resources on a regular basis (daily, weekly, as required) to create a partnership. No employer should face today's employment law problems alone. David Beale will always be available to be your partner in problem solving. ~1oV-14-o3 11:55Ail FROI,I,4,tARKS CORPORATE OFFICE 56139588zo T-T68 P.OZ/O3 F-TZ5 CITY OF DELRAY BEACH 0~:~ BOARD MEMBER APPLICATION 1993 ~ Phoa~ Educ~dor~J cju~5~]c~dons: lO. ~sz ~ny rehtcd cc~ficanons and ~ou hold: Give yo~ present, or most ~cc:nr employer, and positiom ~l~fic~c~s. dr&Us or CITY CLERK NOV-14-O~ II:~SAM FROM=MARKS CORPORATE OFFICE 5BI3~EBSZO T-TB8 P.0~/03 F-?Z5 JOHN N. HART 220 NW 12t~ St., Delray Beach, FL. 33444 Phone-SG1-275-0304 E-mail theharlfam ~aoLcom SUMMaRy To follow a career path in the hospitality industry that continually poses challeng~ that require me to mi '-lize all of my expertise to solve problems, maintain operational control and maximize the bottom tine. PROFESSIONAL EXP£RIENC£ Dtw. ember 98-pres. General Manager/Director of Operations/Chlef Operatin 0 tc . · I w.as re~rmted from NyC in '98 tOSt~arh~ad ~ q:*: -.- ~g,~f,~ er, Mark sResta~trant~-Florlda project for Jame~ Beard Aw wi~';.,~ ~-,~_~;,~, ,z~.,!l~lO..n ~.olla,r. res~aurani renovation and ex ausin Primary r~sponsibillties included working with architects, designer~ and con~aetor~. Creating and impk~,nenting all FOH and BOH operational and training guidelines, hiring, oversecing all purcha~ negozmta ng in · ' house contractual agreements, maintaining costs and analyzing monthly P&L's In Februsry of 200.0 ! was a. pp.oimed to Directm- of.FOil Operation~. My first proje,:~ was opening the · P - ~ ~ was promoted to my current position of Chief Operating O~eer. My primary responslhiliti~ havo included 1/ ' . an~. ,B, OH operatmns, handling dav to da,~ b,,-; ......... ,a~s. on to the partno-s' oversecmg all FOH ~ ~-,, ~ insuring overan quahty and consistency for the D~mher ~7-l)ecemher 98 Ocnarai Manager, Remi J~estaUrant -NYC My position brought me full circle as an operator ora multi fac.~ed, $12 million dollar a year restauraat opea-ation that provided me tho opportunity to work with renoumed ChefFrancesco Antonucci and international restaurant designer Adam D. T/bony in a high profile mid-town Manhattan eatery. Re~ponsibilitles included refineraenr and supervision of all FOH oporatious, overseeing the catering/banquet services and a X2 million dollar a year "to go" op~'ratior~ Sept~mbor 95-Decemher 97 Beverage Dl~*ctor/.4$$ir4ant Manager~ Darrel & Oliver's East t~c · ~.r ~trttl-I'~ Zauderdale ...... ' unrecrly responsible for all IJeverage purchasing, inventories and controls. Lectured staff w~oldy on wine and spir/ts. Interned as kttchen roundsmen in summer of '96. ' Augnst 94-September 95 ~l$$i~tant ~everage Manager, M~rk'$ Restaurant-Ft. Lauderdale ...... -', ueoat plr~uglo1L~ r~Stilll~allts. -- CONSULTING PROJECTS On $[t~ residential, hotel and restaurant · fonefional design layouts work that primarily focused on troubleshonting cost centers, and menu development. +Details provided upoa request. £DUCATION B~a.c,l~. l~ofAns, Political Scilw-co-Univer$ity of California ~ ~,uaa or ~ommeliors~Ccrfificate Courso-1997 , .aaum tmr~ara-graauate<l with honors 1992 ddmonal prior e,rportence, special intereat, and refarene~s provided upon request. NOV-14-03 11:$5~ FROB-BA~K$ COrPOrATE oFFICE 56139588ZO %?68 P.01/03 F-?Z5 November' 14, 2003 Ms. Karen Schell Executive Assismut-City Clerk's Office City of D¢lray Beach FAX.~: $61-243-3774 Dear Ms. Schell: Thank you for your phone call concerning my application for Board Membership. i am forwarding along with this cover letter my application and a copy of my resume. You indleated that there may be seats available on the Nuisance Abatemeat. l]oa~d 'hnd I would. · b~interestedinservingthecomm,mityasamen~berofthi~board~ ~.. , -- -- . . ~- xvxy omy concea-n Ior tt~e Short mn ~s ~ny schedule through January of next year. I am in tile process of accepting a new pos~t~on m Miams and will be very busy for the next two month~. Although I do not'foresee the Monday meetingthne as an issue I would not want it to become one. ' . I'fyou have any other questions or concerns regarding my application please do not hesitate to reach me ax either of the numbers on my resume. Jolm N. Hart BOARD MEMBER APPLICATION 1993 2001 i~ro~2~on: 3. Legal Residence: City 4. ~dpd Bus'ess Address: ~ S~ ~p ~dc 5. Home Phone: Bu~ess Phone: ~ Ad&ess: ~ ~ Ph0nm F~: 91 ~u~fio~ gu~fidadons: ' ' 10. ~st ~y z~ted pmfcssio~ ~cadons md ncmse~ ~you hold: IIi Give your pre,cng or most t~mt mploy~, md ~fiom . ~ pplicafion will remain on the date it was submitted. It will be thc Lt application/s on file. HAR 0 § 200~ ~ ~ FEB-13-Z004 11:08 FR0~.-TAURIELL0 & No~: Ti~ ~pl~c~6on ~11 su~. It ~ be T-364 P.OOZ/OOZ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION F-549 Code >md ccrc~mfioas ~nd ficcnsc~ v~ch you boM: ~. ,ay ~suse 'f~fg:im~ ~n my 1:x~'x of any ~,~.~: Z ~my x, gc,~r_ · nnmain o~ ~1~: in thc C. ity Ck:zk'.~ OfT:ce for. pczia~ of 2 ~ze fa:~m d~ ~b.~ it ~ · ~3 .2001 .CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 3. ',L~-4 P~ddcucc: 4. Principal Buxincss Address: you imcs~.~d · .If'so, Whcre ~ you servia? P}~c fist ~ ~ ofp~cc lO. List any :rchtcd profcssion:d cerdfi~dons :tad liccascs whkh you hold: your prcseng or most rccc~t ~nploycr, m~d poshiom 2001 ted-Itw/llbeflaeappl/camt'$rc~pmasihilit~r~oumsm, that 1: . . he~ mit~a~ -, c a ~t applicauon i~ on film ' ~ ~._.z~_ R E C Ei~,.~-,~ FEB i I~ 200~ F'ITV CIA I:RK --l:L'~.l : ~'J-~'.ISTIl'iq IIOpm-F~ISOB(O FF:D< IqO. : O~:J~30~m~Z)O~J(~O F~-b. ~ s'004 l~:OSA~i CHRISTINA MORRISON, CPM BACKGROUND DATA Christina Morrison is a Licensed Florida Real Estate Broker and a Certified Property Manager (CPM). She has been active in the real estate industry for over 23 years; her areas of expertise include acquisitions, development, change of use and conversions, property management` sales and leasing, training, and all phases of real estate marketing. Chris is currently a Broker-Assodate with Balistreri Realty in De_tray Beach, Florida, specializing in condomininm, waterfront, and investment properS/es. Until July, 2001, Chris was the Director of Property Management for the Southern Division of the Pemxsylvania Real Estate Investn~ent Trust (PRE1T), a publicly-txaded company based in Philadelphia, Pennsylvania. Her duties induded the supervision of apa~ [ment portfolios ranging from 2300 to 3100 units in several states, the successful re- development of three apa~ h,tent properties, and the authoring of the company's Policies and Procedures Manual and various training seminars on Leasing, Fair Housing and Safety. Prior to joining PRE1T, Chris was National Marketing and Training Director for Regency Windsor Companies, an apa~l,~,ent development and management firm based in Veto Beach, Florida. Chris' ~sponsibilities with Regency Windsor included the analysis, development, and coordination of marketing activities for all 'properties managed by Regency Windsor, encompassing over 12,000 apai lucent homes in eight states, the development and implementation of various training programs for 'all Manage~ and Leasing Col~sulta~t~, and the design and implementation of marketing and leasLng campaigns for two new properties. From 1991 until 1994, Chris was Director of Property Managemomt for First Montgomery Properties of ICing of Prussia. Pennsylvania, overseeing the management and leasing of over 3,900 apat'tment and condominium um~ in four states, Chris is a graduate of Penn State Univers'it), and is a Past Director and President of The Institute of Real Esta~ Management, Delaware Valley Chapter_ She is currently .President of LREM - Southeast Florida and a member of the Governing Com, cil for The Institute. Chris is also a national instructor and trains Property Managers and other Real Estat~ professionals throughout the country. She is also an active member of the Realtors' Commercial Society of Palm Beach County. In her slva~e time, Chris donates her time to the Delray Beach Food Bank and Caring Kitchen and enjoys traveling, scuba diving and the Southeast Florida lifestyle~ 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION P~ue t ~e folJour~ ~ ' S~te Z~? ~de ~ Home Pho~ ] B~ Phd~: B-M~ ~c~: ~ ~ Pho~ F~ 7, ~t Boris) a~ ~u in~re~d ~ se~ P~e ~st ~ o~er of p~fer~c~; 8.' ~st ~ ~ Bo~ds ~ w~ you ~ ~fly s~ or ~ p~y s~ ~e ~e ~es) 10. ~t ~~f~si~g~fi~gons ~d p~ses ~ch you hold: ~NA~ DA~ Note: This appliCation will x~,in on ale in the City Clerk'e Office fo~ g pedod of 2 7esrs flora ~e date it was submitted, It will bc the spplic~n! s responsibility to ensure t~tt a current sppllcstlon is on fll~ RECEIVED MAR 2 5 2003 CITY CLERK James M. O'Bden President Professional Experience: · Over thirty years of hands-on experience in Property Management, Leasing, Marketing, Tenant improvement and Construction Coordination in the Northeast and Florida markets. · Primary focus on Office, Industrial, Retail and Mixed-Use properties. · The management of asset portfolios with a diversified product type and quality. · The management and supervision of fee managers and leasing personnel as well as directly employed managers and leasing agents. · The development and implementation of asset redevelopment and enhancement programs. · The development and implementation of investment plans and the on-going management of investment and operating budgets. 1999-Present M.O.R. Property Management, Inc. Delray Beach, Florida 33483 President BeachPlace Fort Lauderdale, Florida General Manager Responsibilities included the overall day-to-day management of a 100,000 square foot Entertainment Center with an attached 800 car Parking Facility and a 400 room Marriott Vacation Club Intemafional. Primary functions included the fostering of strong Tenant relations as well as the retention of desirable Tenants compatible with the Entertainment Center concept. Additional responsibilities extended to t~e production of maximum net revenues, cost control and analysis of the oporeting statements to enhance ways to improve on revenues and control of costs. Oversee the internal accounting, marketing, security, janitorial and general maintenance of the Center. Codina Real Estate Management, Inc. http://mormanagement.com/bio_obfien.h~n 3/24/2003 MOR Property Management, Inc. Page 2 of 3 Coral Gables, Florida Vice-President Responsibilities included the management of an exis~ng portfolio of Commercial Real Estate properties, Investment Sales; Syndication of New Partnemhips and coordinating the formation of new Joint Venture projects for the Codina Group and its affiliates. 1988-1996 PFK Realty Services, Inc. Fort Lauderdale, Florida Partner Director of Management, Leasing and Marketingfor PFK Realty Services, Inc. (Please see attached Curriculum vitae). Additional responsibilities also extended to Management of Tenant Improvement Construction for the Company. American Tectonics Southeast Boca Raton, Florida Vice-President Director of Management, Leasing and Marketing services. Responsibilities included the management, leasing and marketing activities for a regional Commercial Real Estate developer in South Florida with over 1,000,000 square feet of Commercial space either existing or under construction. Additional responsibilities included the long-range planning for the management, leasing and marketing Of future Commercial. Industrial & Retail Developments, as well as the overnight of all Tenaat Improvement Construction projects; Johnstown American Companies Consolidated Capital, Inc. Atlanta, Georgia Vice-President Director of Management, Leasing and Marketing and Tenant Improvement Construction, Boston, Maesachusetts's regi(mal eflice. Responsibilities included over 1,000,000 square feet of Office / Retail space located in Massachusetts, Tennessee, Connecticut, Michigan and Georgia. Personal: ReatEstate Salespemon, Fiu~;~a B.O.M~. Past Pr~em, So~ F~nda Cha~er Education: 'Milton Academy, Mitteel Massachusetts Trinity College, Hartford, Connecticut BA History http://mo~'managemem, com/bio_obrier~.hun 3/24/2003 1993 2001 CiTY OF DELf~.Y BEACH BOARD MEMBER APPLICATION ,tint the foil, iaformation: 1. L~t ~atnc: Peltzie Name Kenneth 2. Home Adcb:~s: 2260 Rabbit Hollowe Circle City Delray Beach St~tf~L ZiP33445Code 3. Legal Residence: City S~ate Zip Code Same Z~p Code 4. prj~cipat Bu:fizt¢~a ~ctctrc~a: City State 1 O0 East Linton, Suite 506B Delray ,~each FL 33483 5. 'Home Phonc: :BO~isaeoa :Phone: I~-M~ ~A~dckess: Ce:JI Phone: Fax: 5614984764 561-279-o808 kpeltZie@yahoo.com 561-585~3811 561-279-2282 6. ~t¢ 7ou ~.re~L~t~d v~? I£ so, whose ~t¢ you ~g~tered? ¥e¢' Oeltay I~eaqh, Florida 7. ~at Bo~d(s) ~r~ yo~ ~t~est~ ~ se~v~g? Pl~se ~t m o~d~ o£ Downtown Development Authority List an city Boards ou wl~ch 7ou ~¢ c~tead7 s~-~g or b~e p=c~neusly ser~e& ~tease mdu& dates) Planning and Zoning Board 8/15100 to current ~. Educadoa~l qu~cado~s; Masters in Public Health/Administrative Medicine 10. [~st any re,ted pro£ess~onal ce~t~Ec~d.o~s ~d.Ec~ses w~cb ~. G~c yot~ ?tcsc~t~ o~ most ~eceat e~ploye:~ ~u~d Vice President, Whitsyms Nursing Ltd 12. Descdb~ e×pede~ces, sL~ls o~ ~o~leclge which qu~ you to s~¢ oa this bo~d: Forty Year experience in Health Care Administration and CommHnity. Pl~nnin~ Served as an officer and Board Member of a number of r.r~mmHnitv nrn:aniT~tlnn~ 1 hezeby c~di'y th~[-,tl[ d~¢ ~bo~c ~tat~r~t~ a~ u-ac, a~cl ~ a~'ee a~ct Lmde~t~z,~d tb.~t co~ab~d L~ ~is appl[cafio~ m~¥ c~as¢ [oEdtu~e apou my pa~t o£ ~¥ appo~m~eat SIGNATUI~E DATE Note: This apphcafion will remain off file in the City Clerk's Office for a period of 2 yeats from the date it was submitted. It will be the applicant's responsibility to ensure that a ctu:rent application is on file. RECEIVED Sunday, May 16, 2004.max PlAY 1 8 200~, · CITY CLERK KENNETH GERALD PELTZIE 2260 RABBIT HOLLOWE CIRCLE DELRAY BEACH, FL 33445 561-498-4764 GENERAL PROFESSIONAL EXPERIENCE Hospital Executive & Planner Health Educator Health Care InStitutional Consultant Corporate Executive (Health Care Consulting Firm) Federal Government Health Care Program Analyst SPECIFIC PROFESSIONAL EXPERIENCE 2003 to Present Vice President, Whitsyms Whitsyms Nursing Registry, Delray Beach, Florida 1999 to Present Independent Health Care Consultant 1987 to 1999 Vice President, Corporate Strategy, Bethesda Health Care System Boynton Beach, Florida 1990 to Present Adjunct Assistant Professor, Health Care Administration Florida Atlantic University Boca Raton, Florida 1982-1986 President, Affiliated Hospitals of Indiana (a network of 18 hospitals in central Indiana) Executive Vice President, Community Hospital of Indianapolis 19804982 Senior Vice President, Robert Douglass Associates ' (a national health care consulting firm). 1972-1980 Vice President, Chi Systems, Inc (a national health care consulting firm) 19664972 Associate Administrator, Assistant Administrator, Sinai Hospital of Detroit (a 620 bed university affiliated teaching hospital) t9614966 Budget Examiner, Bureau of the Budget (now the Office of Management and Budget) Executive Office of the President, Washington, D.C. 1958-1961 Administrative Officer, United States Air Force Hospital, Dyess Air Force Base, Abilene, Texas. 19574958 Resident in Hospital Administration, Sinai Hospital of Detroit ACADEMIC EXPERIENCE B.A. College of Liberal Arts (Biology and Psychology), Washington University, St. Louis, Missouri, 1955 Graduate Studies (Industrial Psychology), Psychology, Graduate School of Arts and Sciences, Washington University, 1956 M.S., Administrative Medicine (Hospital Administration), School of Public Health, Columbia University, 1958. PROFESSIONAL MEMBERSHIPS American Hospital Association - Personal Member American College of Healthcare Executives - Fellow International Hospital Federation - Personal Member Community Activities Palm Beach County Health Care District, Finance Committee Crossroads, (Substance abuse support Center) Past Board Palm Beach County Emergency Medical Service Advisory Council, Past Member Delray Beach (FL) Planning and Zoning Board, Member and Vice Chairman HOPE Project (A not for profit organization providing free mammograms), Board member and Treasurer. Deaf Service Center (A not for profit hearing loSs support organization), Member of the Board United Way of Palm Beach County, Member of the Finance Committee. Leadership Palm Beach Rotary Club of Delray Beach, Member and Past Treasurer DELRA¥ BF..ACM 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the follo~g information: State 3. Legal Residence: 4. P~d~M Bus.ess Address: ~. Home Phone: Business Phone: E-M~ Address: Cea Phone: F~: 6. Are you a re~stered voter? ~ If so, where ~e you re~stered? 7. ~at Board(s) are you interested ~ se~g? Please fist ~ order of preference: ~ 8. ~st ~ Ciq, Boards on w~ch you are ~enfl), se~ or have Pr~ously se~ed: &lease ~dude dates) 10, ~st ~y related profession~ ce~ficafions ~d ~censes ~h you hold: ~ ~ ~ 11. Give your presenh or most recent employer, md position: 12~ n~?gp~peR%ces,L~s or ~ledp w~ch q~ you to sewe on ~s ~d: (Please amca a brief rest, e) I hereby cc~ ~t ~ ~e abow s~tcmen~ ~c ~c, ~ I ~*c md mdmmd ~at ~y m~t~ment ofma~ co~ h ~ app~cafion~ay cause foffd~c u~n my p~ of ~y appo~mcnt I~ay receive. SlG A~ DA~ $ Note: This application will remain on file in thc City Clerk's Office for a period of 2 years from the date it was subn'fitted. It will be the applicant's responsibility to ensure that a current application is on file. DEtRAY BEACH 1993 2001 CITY OF DELRAY BEAGH BOARD MEMBER APPLIGATION Please t]~e or print the following information: 2. Home Address: ' Zip Code 3. ~ Residence: ~ Ci~ I State Zip Code 5. Home Phone: Bu~ess Phone: E-M~ Address: Ce~ Phone: F~: 6. ' Are you a re~stered voter~ If so, where ~re you re~stered~ 7~ l~t Bo~d(s) ~ou ~terested ~ s~g? Plebe ~st ~ orde~f~te[~q: . 8~t~ ~ Boar~ on w~ch you are currendy se~ or have pre~ously se~ed: ~le~e in~ude dates) 9. Edu~fi0nal qu~fi~ons; . ~. ~st my rdated prof~on~ ~e~fic~gons ~d ~cens~s w~ch you hold: 11' ~vev°ur ~resent'°r m°st recent emnlover mqd n°sifi°m * '/~e ~~¢ ~ ' ~ ' ~e..~70~.~ ' !2~be ~pefienies, s~s or ~gwle~ wNch ~y9u to seine on ~s bo~: &l~se. amcha brief resme) hereby e~ ~at ~ ~e a~amtementa ~e ~e, ~d I ~ee ~d ~ders~d ~at ~y ~saut~ent ofmate~ fa~ con~ed M ~ apportion ~y cause forffi~ ~n my p~ of ~y appoM=ent I ~y SIGNA~ DA~/' Note: This application will remain'5 y Clerk's Office for a period of 2 years from the date itwas submitted. It will be the a~l~t~...t'~ro~sibility to ensure that a current application is on file. CITY CLERK " THE INTERIORS GROUP BOCA RATON · MIAMI Michelle Reich President and CEO The Interiors Group After graduating fi.om the New York School of Interior Design in 1972, Michelle Reich spent much of the 1970's as a residential designer and interior merchandisor in New York and Chicago with Childs/Dreyfuss. In 1980, Childs/Dreyfuss transferred her to Boca Raton to open the firm's Florida branch. A year later, she made her first venture on her own with Palmer/Stuart Interiors, named for herself and her husband Stuart, then a successful architect and builder/developer in South Florida. After winning numerous local and national awards, her talent and success caught the eye of the Los Angeles based Design One. They offered her a position as first President of their Fort Landerdale satellite office. Working with Design One, Micbelle built upon her expertise in interior design and model merchandising. Michelle quickly developed a name for the internationally recognized firm, taking it fi.om one to 15 employees in less than three years - and quickly gained a personal following in the area with her signature trademark designs. In 1985 she broke away and opened The Interiors Group. Over the past 17 years the company has grown both in reputation and size to become the leading interior design firms sought by major builders, both locally and nationally. The award winning company now boasts 35 employees including one of the most highly talented creative teams in the design industry, a new corporate office in upscale Boca Raton and a satellite office in IVliami. The success and reputation of The Interiors Group is a result of Michelle's keen understanding of the entire building process. Michelle believes that the design process begins before ground breaking and that is why Builders and Developers come to her in the initial stages of development for her architectural expertise and critiques that give their product a cutting edge before construction even begins. This is one of the unique services offered by The Interiors Group to help promote the philosophy that merchandising is the foremost marketing tool for builders and therefore deserves a strong eye for detail to insure that the builder is reaching the targeted market. Additionally in the past five years, she has created a new concept for the Builder's "Design Center" that creates an inviting and accessible design source that assists both the builder and their clients in completin8 the home buying process. Michelle Reich is helping builders anxl develops.rs sell the American Dream, the attainable American Drenn~ Not only do her designs spark imaginations and inspirations for targeted lifestyles, but she also emphasizes memory points in her interior design to complete the package for the builders and developers to make selling or leasing their product that much easier. She has defined design trends and often sets the industry standards, which she feels, have contributed to South Florida's leading the nation in cutting edge design. REGEIVEE: FEB - 6 2.003 CITY CLERK THE INTERIORS GROUP BOCA RAYON * MIAMI january 30, 2003 Karen Schell, Executive Assistant Office of the City Clerk City of Delray Beach 100 N. W. First Avenue Delray Beach FL 33444 Dear Karen, Thank you so much for sending me information on the City of Dekay Beach Boards and Committees. I've completed and enclosed the application form. Karen, it goes without saying that I would love the opportunity to become involved with the progress and growth of my newly beloved hometown of Delray Beach. I feel that after almost thirty years of my involvement with the housing and development industry, I can bring to the table the knowledge I have acquired which has been so instrumental in the success of my own business. If you require any additional information please contact me at any time. I look forward to heating from you soon. Please stay in touch. Warm regards, Michelle Reich President EnClosure RECEIV.EL FEB - 6 2003 CITY CLERK DEL ~.AY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION the info,~,~ion: 2. Home Adckc~s: 3. legal Re,;denc~: ; City $,-t~ Zip Code 4. Principal Business Ad.ess: City State Zip Code .5. Home ]~onc: Bus~nes~ Phone: E-Mail Address: Cell Phone: Fox: Note: Th~s appllcagon will remain on ~e in the City aerk's Office for a[ap~~)m the date it was submitted. It will be the st~ticmt's responsibility to ~ that · cut~nt' ' "= '-'~Ji~'~ is on ~Je, AUG i ~ 2003 ~ ANDREA ST. JA~ES 1264 Audubon Blvd. Delray Beach, FL 33444 PH: ~61-278-3008 CELL: 5~1~42.4~10 EJ4all: BatHirbou~aof.~om Objective: To uSe all of the special writing, public relations, publicity and management skills I pos~___~ in an executive level public relations I publicity capacity. Special Skills: Writing, Event management, publicity, & public relations skills. WORK EXPEI II NCE 1998 - 1~99 INFORMATION TELEVISION NETWORK- Boca Eaton -Director, Public Relations lTV la a conglomerate of Several production companies (lTV, Mel~/, lTV Digital) who produce Gmcie, Freddie & Telly award winning television programs aired over Several national networks. Write & service press releases, meet with various industry reps, pitch stories to publications for publicity and scan & distribute industry media stories from myriad publications. Write ed copy, secure film locations throughOut the U.S. for video productions. Pitch & barter show ad placement in national publications (over $600K in one year). Lead division directors & managers in bi-weekly meetings. Personal credits include: Winner:, 2000 Time Inc Health Freddie Award; Winner. (2) 2001 Time Inc. Health Freddie Awer~; Winner: 2001 Addy Awards (2); Winner. 2001 ASCRS NMional Media Award; Judge: 2001 Aurora Awards. Member, Nstionel Academy of Television Arts & Sciences. Commodore Aviation, Inc. - Miami - PR & Technical Admlnl~mtor Commodore Aviation, Inc. is a subsidiary of Israel Aircraff/Bedek in Tel Aviv and provides heavy maintenance for the aircraft of governments and major commercial carriers. I administered technical services es well as wrote speeches, wrote & serviced press releases, oversaw large events, photography and brochure production. The Fontelnebleau Hilton - Miami - Letsum Travel Marketing At this world renowned inSert hotel, I wo~ed in international marketing within the area of Leisure Travel. Reporting to the Director and two sales managers, determined what should go into their sales kits for international mass mailings, wrote marketing letters to Sell the resort and edited press releases. 2 1985 - 1989 CRA Msnaged Care, Inc. - Riahmond, Virginia - Office Manager This national vocational rehabilitation corporation sewices the major insurance carriers of the continental US, Hawaii and Canada. It provides vocational rahab services to those people injured on the job or who have experienced a catastrophic illness or injury. As office manager reporting to the Regional Manager, I hired, trained and oversaw clerical staff, conl~'olled the timely receipt and distribution of medical reports, edited written reports and controlled billing. I also wmta medcefing letters and maintained contact and correspondence with clients and attorneys. Twentieth centUry Fox -Loe Angeles - Exec. TV Publicity A~letant Reporting to the Director and frequently, the President, du0es for one of the largest entertainment corporations in the world included heavy r~aison with stars and major media representatives. This Included initial oversight of an appreximate $1.5 million annual television publicity budget, oversight of print advertising and large media events. Also included writing, editing and sewiclng press releases; creating, editing and updating press kit materials; evaluating scripts in progress; nationel/intamational press distribution; attendance to and facilitation of stars' interviews and major media functions; handling studio fan mail and interacting with various other departments, producers and publicity agencies to promote publicity on varied series and stars, including EMMY winner L,A. Law. Set up and facilitated many of Twentieth Television's high-visibility functions including the yearly EMMY party at spago, the annual executive/producer/writer introduction event and various 100m episode parties for OUr successful series. Was asked to accept an award fur L.A. Law. Ogilvy & Mather/The Ogilvy Group - Le~ Angale~ - Office Manager Began at this intamationally successful advarlleing agency in Richmond, Virginia at then-affiliate, The Martin Agaltoyl and was transferred to The Ogihty Group in Los Angeles In 1988. Reporting to the Chairman and President, duties included acting es liaison with clients and creative teams, confidential work in the corporate day-to-day experience, research projects on an assignment basis, oversight of clerical staff and assistance with high profile media events. Also was con~bufing editor of company newsletter. COMMUNITY SERVICE National Neurofibromatosis Foundation (NF) Loc Angeles Business Volunteers for the Arts (BVA) Richmond School for the Per[orming Arts (SPARC) Richmond Stop Child Abuse Now (SCAN) President Reagan 1979 Campaign (Southeast Tour) · Public Relations Chairpemon Public Relations Consultant Public Relations Consultant Public Relations Consultant Touring Public Relations Asst. DELRA¥ BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: 1. Last Name: Name M.I. Stanley Thomas H. 2. Home Address: City State Zip Code 29 N.E. 4th Avenue Delray Beach FL 33483 3. Legal Residence: City State Zip Code 932 Kokomo Key Lane Delray Beach FL 33483 ~. Principal Business Address: City State Zip Code 29 N.E. 4th Ave Delray Beach FL 33483 5. Home Phone: Bus~ness Phone: E-Marl Address: Ce~ Phone: Fax: 561 266-5989 561 276-6363 tomstanley@bellsot :~,61ne~62-4111 561 276-8881 6. Are you a registered voter? If so, ~vhere are you re~stered? Yes 932 Kokomo Key Lane, Delray Beach, FL 33483 7. What Board(s) are you interested in serving? Please list in order of preference: Com~unity Redevelopment Ag,ney, Plannin~ and Zoning..qPRAB. 8. List all City Boards on which you are currendy serving or have previously served: (Please include dates) None 9. Educational qualifications: B.A. Princeton University; J.D. Florida State University 10. IJst any related professional certifications and licenses xvhJch you hold: Member of the Florida Bar, Real Estate Arty 11. Give your present, or most recent employer, and position: MacMillan & Stanley - Attorney 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) See Attached I hereby certify that all the above statements arc true, and I agree and understand that any misstatement of material facts contained in this aDt~licarion may cause forfeiture upor; my part of any appointment I may receive. Note: This application ~"'~-IFrem~in on file in the City'Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. MacMillan & Stanley 29 N,E 4th Avenue Delray Beach, FI_ 33483 Thomas M. Stanley Phone 561 276-6363 Fax 561 276-8881 E-mail tomsta ntey~ bellsouth.net 1995-1999 B.A. H L~¥ 1999-2002 Princeton University Florida State University Princeton, NJ Tallahassee, FL I~efessiml 1997- Summer Law Clerk 1998 - Summer Law Clerk Searoy, Denney, Scarola, Bamhardt, and Shipley WeSt Palm Beach, FL Office of the State Attorney West Palm Beach, FL 2002 Leon County Circuit Court Tallahassee, FL Judicial Clerk 2002 - Present Attorney MacMillan & Stanley Delray Beach, FL Professional memberships Member of the Florida Bar; Amedcan Bar Association; Delray Beach Chamber of Commerce; Council of 100; Boca Raton Estate Planning Council; Palm Beach County Bar Association; Delray Beach Historical Society; Member of Real Property and Probate Section of the Florida Bar; Member of City, County, and Government Law Section of the Flodda Bar; Member of Elder Law Section of the Florida Bar I was bom in the Delray Beach area and was a 1995 graduate of the Atlantic High SchoOl International Baccalaureate Program. I have a vested interest in the growth of Delray Beach as a downtown landowner and businessman. I feel that my skills and knowledge as a real estate attorney and Delray Beach native will bring added depth to many of the City of Delray Beach developmental and review boards. D~.RAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: 2. Home Ad.ess: ' S~te ~p ~de 3. ~ Residence: Ci~ ~ State ' ~p Code ~Sme as ~boo~ 4. Pmcip~ Busine~ Ad.ess: Ci~ State Zip CMe I 6. ~e you a re~stered voter? If so, where ~e you .7. ~at~?ard(s~re you mtqrestea m se~? Pl~se ~st m order ~prefer~ce: , ~. ~st ~ Ci~ Boards on wNch you ~e ~ndy se~g or have pre~ously se~: ~l~se ~clude dates) 11. Give ~ur p~esen~ or most recent employer, ~d p~ifiom ' ~,Descfi~ expe~nces, s~s or ~owled~ wN~ q~ you ~ se~e on ~s bo=a: Cte~ :m~ ~fief ~u~e) I h~eby ce~ ~at ~ ~e above smtemenm are ~e, md I ~ md ~den~d ~at my ~ssm~ment of mate~ ~cts camefoffd=e ~, my pm ormy :ppo~ent I may recede. SIGNA~ DA~ Note: This application will remain on file in the City Clerk's Office for a period of 2 yeaxs from the date it was submitted. It will be the applicant's responsibility to ensure [~i~[~k~afion is On file. APR '2 512003 ~.II'V I'~.l I:i~li( Ronald W. Sullivan · 400 Sherwood ForeSt DriVe Delray Beach, FL 33445-3872 Phone: 561-499-8114 April 22, 2003 City Clerk's Office City of Delra,v Beach 100 N.W. lS' Avenue Delray Beach, FL 33444 Re: Board Member Application Dear Ms. Schell: Enclosed is my completed application for Board Member, City of Delray Beach. I am also attaching a copy of a recent resume with probably more information than you need. I have been a resident of Palm Beach County for almost 8 years but just moved to Delray Beach last year. Please let me know if you need additional information. Ronald W. Sullivan RONALD W. SULUVAN 400 Sherwood Forest Drive Delray Beach, FL 33445-3872 Phone: (561) 499-8114 E-mail: mcsullivan@aol.com SUMMARY Landscape Amhitect / Land Planner with extensive background in teaching; in public practice; and in private practice land planning, project management and computer applications to the planning and design process. EXPERIENCE Senior Planner (2/02 to present) Palm Beach County, Planning Zoning and Building Department, West Palm Beach, FL Senior Planner with the Zoning Division, Development Review Committee (DRC) Section. · One of two senior planners supervising the work of 4 planners, a zoning technician and 3 secretaries in the performance of their duties related to the DRC plan review process. · Share management responsibility of the DRC plan review process. · Continue to serve as County staff representative on Northlake Boulevard Corridor Task Force. Senior Planner (2/97 to 2/02) Palm Beach county, Planning Zoning and Building Department, West Palm Beach, FL Senior Planner with the Zoning Division, Board of Adjustment/Concurrency Section. · As head of the Concurrency Section, responsible for management of the concurrency review process and for supervision of a planner, zoning technician and secretary in the performance of their duties related to concurrency review. · Responsible for overseeing the on-call and reception functions for the Zoning Division including supervision of a planner and Receptionist. · Serve as County staff representative on Northlake Boulevard Corridor Task Fome. Site Planner II (Mid 1995 to 2/97) Palm Beach County, Planning Zoning and Building Department, West Palm Beach, FL Project Manager/Site Planner with the Zoning Division, Development Review Committee. · Review land development plans, site plans and master plans for land development projects located within unincorporated Palm Beach county and work with applicants to bring these plans into conformance with Palm Beach County Unified Land Development Code requirements. · Assist applicants in the preparation of these plans for submission to the Development Review Committee for final site plan approval. · Review applications for building permits. Proiect Landscape Architect (6 months) Short term position with local land development consulting firm working on preparation of proposals and on a variety of land development and subdivision projects. Landscane Amhitect /Preiect Manaqer (8 years) Associate / Studio Manaqer (4 years) Derek and Edson Associates, I_ititz, PA Major landscape architecture, land planning and engineering firm in southesstem Pennsylvania with a staff of 16 Landscape Architects and 5 Civil Engineers. · Responsible for introduction of computers to the firm in 1987 and for selection, acquisition, implementation and management of hardware/software systems for accounting, computer-aided design, engineering computations, project management and word processing. · As project manager, worked with clients, peers, other professionals and local and regional reviewing agencies in the planning, design, approval and implementation of a wide vadety of projects. · As studio manager, guided and directed studio of 3 landscape architects, a civil engineer and a draftsperson in the planning, design and approval of subdivision and land development projects prepared using CADD. Associate Professor of Landscape Architecture Kansas State University, Manhattan, KS (9 years) Taught courses at both undergraduate and graduate levels in site planning, design and resource analysis. · As coordinator of the graduate program in landscape amhitecture for 4 years, administered the program, recruited and advised graduate students in one of the top accredited graduate programs in landscape amhitecture in the country. · Maintained a full program of consietently high caliber students during a period of generally declining enrollment at the university. Landscape Amhitect Consultant Bureau of Land Management (6 months) Three month executive appointments to Wyoming and Alaska state offices of federal land management agency. · Conducted a study of eft-road vehicle use on public lands in conjunction with Landscape Architects and other professionals in the Wyoming State Office. · Worked with BLM Landscape Amhitacts in Alaska to develop a methedology for visual resoume inventory and analysis of a 15 million acre rasoume area in northwestern Alaska. Resultant report used to medifythe existing BLM manual section on Visual Resource Management. Landscape Amhitect / Park Planner Texas Parks and Wildlife Department, Austin, TX (6 years) Involved with all phases of resource-oriented park planning and design through the agency that administers the historic and recreation parks in Texas. · Supervised planning professionals in preparation of 15 state park master development plans for units of the Texas State Park System. · Helped develop a system of resoume analysis adopted by the Department for planning stata parks and authored a booklet describing the process. · Coordinated a team that developed a state park system plan for Texas and procedures for implementation. Landscape Architect Roy H. Seifert and Associates, San Diego, CA (1 year) Small landscape architecture and land planning firm. · Design on a vadety of projects ranging from county park master plans to site planning for a nuclear power plant to private residential landscape design. Naval Officer United States Navy (3 years) Served on two western Pacific tours to Vietnam and was involved in the initial stages of the pull-out of troops from Vietnam. · As Communications Division Officer, responsible for all communications on 10,000 ton amphibious ship in the western Pacific as well as the security of all top secret material, equipment and communications. Supervised 2 junior officers, 2 chief petty officers and 20 communications specialists. · Directed ship maneuvering (Command Duty Officer) when entedng and leaving port, replenishing at sea and during battle conditions. EDUCA~ON Master of Arts in Sociology, Kansas State University Master of Science in Community and Regional Planning, University of Texas (Austin) Bachelor of Science in Landscape Architecture, Iowa State University PROFESSIONAL Registered Landscape Amhitect, Current #1598, State of Flodda Registered Landscape Amhitect, Current #501, State of Texas (Uniform National Exam) Nafienal Certification by CLARB ~616, Current Member, American Society of Landscape Architects #023973 Past Registered Landscape Architect, State of Pennsylvania (9 years) Past Registered Landscape Architect, State of Kansas (9 years) H:\W P DATA~P RO F~_ATESTms.doc [IT¥ I)F DELRR¥ BERgH DELRAY BEACH AII-AmedcaCity 1993 2001 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission David T. Harden~/~ July 30, 2004 HISTORIC PRESERVATION BOARD I have only attended one recent Historic preservation Board meeting, so my perception of the Board may be incorrect. But, my perception is that there are so many architects on the Board that it is overly concerned with design and building layout issues, perhaps to the detriment of historic preservation. Since two non- architects are going off the board, including one historic district resident, I would urge the Commission to ensure that new appointments bring some perspective other than architecture, and that they have a strong background or interest in historic preservation. Historic district residents would be ideal. Two current members have offices in the OSSHAD district, but it is not primarily residential while most of our historic districts are. DTH/gb THE EFFORT ALWAYS MATTERS HISTORIC PRESERVATION BOARD 04/04 TERM REGULAR MEMBERS OCCUPATION TELEPHONE EXPIRES 08/31/2004 Mary Lou Jamison Interior Design Office: 561-585-5343 Unexpired Term 04/99 515 N Swinton Avenue Home: 272-7726 Reappt 08/01/00 Reappt 07/02/02 De[ray Beach, FL 33444 Fax: 561-585-4878 08/31/2004 Maura Dersh Architect Office: 276-4951 U~¢~iredTe=- 34 Southeast Seventh Avenue #11 Home: 278-8999 04/13/04 De[ray Beach, FL 33483 Fax: 243-8184 08/31/2005 John E. Miller, Jr. Sales Manager Home: 865-9483 Appt 07/22/03 282 Sherxvood Forest Drive Work: 954-379-5457 De[ray Beach, FL 33445 Cell: 561 632-9547 Fax: 954 379-5445 08/31/2004 Francisco Perez-Azua, Chair Architect Office: 279-2006 Appt07/02/02 60 1/2 Northeast 2~d Avenue #C Home: 750-8171 De[ray Beach, FL 33444 Fax: 279-2801 08/31/2005 Randee S. Schatz Attorney Office: 561 833-1846 Appt07/22/03 220 Sunrise Avenue #209 Home: 274-0010 Palm Beach, FL 33480 Cell: 561 601-7880 Fax: 561 833-1881 08/31/2004 Rhonda P. Sexton Interior Design Office: 276-3660 Appt08/15/o0 2439 SW 35th Ave. Home: 499-2293 Reappt 07/02/02 De[ray Beach, FL 33483 Fax: 276-6277 08/31/2005 Jeffrey Silberstein Architect Office: 276-9393 Unexpired term 11/04/03 801 Elderberry Way Home: 393-4749 Boca Raton, FL 33486 Contact: Denise Valek X 7041 S/City Clerk/Board 03/Historic Preservation Board MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # - REGULAR MEETING OF AUGUST 3, 2004 APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD DATE: JULY 30, 2004 The terms for Mary Lou Jamison, Maura Dersh, Francisco Perez-Azua and Rhonda Sexton will expire on August 31, 2004. Ms. Jamison and Ms. Sexton have fulfilled two full terms and are not eligible for reappointment. Mr. Perez-Azua has fulfilled one full term, Ms. Dersh has fulfilled an unexpired term, both are eligible and would like to be considered for reappointment. The term for all appointments is for two years, ending August 31, 2006. To qualify for appointment, a person shall be a resident of, own property, own a business or be an officer, director or manager of a business located within the City. In addition, and providing there are apphcants, the City Commission shall appoint professional members from the fields of architecture, landscape architecture, history, architectural history, hcensed contractor familiar with restoration, planning, archaeology, or other historic preservation related fields such as design, urban planning, American studies, American civilization or cultural geography. Laypersons of knowledge, experience and judgment that have an interest in historic preservation shall compose the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually hsted in the Local Register of Historic Places. The following apphcants would hke to be considered for appointment. (See Exhibit "A") A check for code violations and/or municipal kens was conducted. None were found. Voters' registration verification was completed and all are registered with the exception of Klm Donovan. Based on the rotation system, the appointments will be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4) and Mayor Perlman (Seat #5). Recommend appointment of four (4) members to the Historic Preservation Board for a txvo year term ending August 31, 2006. HISTORIC PRESERVATION BOARD APPLICANTS EX}IIBIT "A' The following individuals have submitted applications for consideration: Jose Aguila Shane Ames Ronald Brito Bonme Clark Maura Dersh Kim Donovan Joe Farkas Gerry Frandosa Phih'p Friedman Linda Lake (also applying for P & Z, SPRAB and Board of Construction Appeals) (also applying for SPRAB) (currently serving on Board of Construction Appeals) (also applying for P & Z and SPRAB) (incumbent) (also applying for P & Z) (currently on Public Employees Relations Committee) (also applying for DDA) Pearl Bunny Markfield Elrod (also applying for Board of Adjustment, Board of Construction Appeals, P & Z and SPRAB Dale Miller Francisco Perez-Azua (incumbent) Norbert Poli David Redelheim Michelle Reich Samuel Resnick Michael Sneiderman Andrea St. James (currently serving on WARC - term ends 09/30/04) (also applying for DDA, P & Z and SPRAB) (currently on Board of Adjustment) (also applying for SP1LAB) (also applying for SPRAB) (also applying for DDA and SPRAB) JUL-15-2~4 08:19 FROM:CL~RIE SOWARDS AGUIL 561-~4~-8184 TO: ~45~3774 DE[RAY BERC~ 1993 2001 CiTY OF DELRAY BEACH BOARD MEMBER APPLICATION - State Zip Code 3. Legal Reside~tce: City ~ State Zip Code 4. Pz~c~oa~ Business Aclckess: City State Zip Cod~ $. Home phone: Business Phon~' ~_,-MailAcklreaa: ~ Phone; Fa_x: 7. ~t Bo~s) ~e ~u ~t~ ~ .~ ~l~e list m lO. ~ ~y ~ted p~of~on~ c~c~s ~d ~ IZ Des~bc ~, s~ or ~ w~ch q~y~ ~ h~ c~ ~t ~ ~e above s~r~on~ ~e ~ md I ~ and ~dm~ ~n~ ~ ~ap~fi~ may ~c f~ ~p~ my ~ of ~y ~t I ~y ~c~. qote: This irmlication will zero.in on file in ~ ~ C~'s Offi< lot a v~od of 2~m ~ &e ~m JUL 1 5 2004 CITY CLERK JOSI~ N. AGUII-A~ A.I.A., NCARB Home B00 SW First Court Boynton Beach, Florida 33426 (561) 737-8894 AR 0015349 Office 134 NE 1st Avenue Delray Beach. Florida 33444 (561) 276--4951 QUALIFICATIONS EDUCATION CERTIFICATIONS MEMBERSHIPS WORK EXPERIENCE PAST BOARD MEMBERSHIP Registered architect with over twenty years of architectural and construction related experience ranging from residential to large scale commercial and govemmental projects, with proven abilities in production, project management and construction administration in both public and private sector4 Bachelor of Architecture Florida A&M University, 1988 Bachelor of Science in Architectural Studies Florida A&M University, 1981 Flodda Registered Architect Member Amedcan Institute of Architects National Council of Architectural Registration Boards June '99 - Present, Project Manager/Architect, Robert G. Currie Partnership, Inc. March '98 - June '99, Senior Construction Manager, O'Connor & Taylor, Inc., General Contractors. September '93 - March '98, Construction Manager/Architect, City of Delray Beach. March '83 - September '93 Currie Schneider Associates AIA, PA. Delray Beach, Florida. Associate, Project Manager. BeYnton Beach Building Board of Adjustment and Appeals Boynton Beach Planning and Zoning Board Boynton Beach Downtown Review Board Boynton Beach City Commissioner/Vice Mayor Boynton Beach Community RedevelOpment Agency Palm Beach County Municipal League Treasure Coast Regional Planning Council Boynton Beach Planning and Development Board ~ ~ ~ 2746449 O~/l~/_O0~ 13:22 06/15/Q3 FR! 12:$$ FAX $$! 243 3774 /VIES 2001 CITY Of DELRAY BEACH BOARD MEMBER APPLICATION PAGE 02 ~0o2 n 5. HOme Phone: Bu~ Phon~ ~ ~ ~ PA~= F~ If~o, whge ~ you I l. G~c ~ur p~ or most ~t ~, md This sppl~e~don ~ ,~n~dn on GJe in the City Clerk's O~e f~r · p~iod of 2 submitted. It ~ be t~e appliemt's :mponra'b~ty to cmm~ d2~t a ca~,~.~t tppllcafion is on file. RECEIVED JUN 1 3 2003 01TY CLERK WE WELCOI~E YOU TO EXP~ERIENCE AI~IES DESIGN INTERNATIONAL Shane Ames, multi-talented, creative anda Florida licensed Designer and Architect, formed Ames Design International in 198.5 with his business parmer, Maria Dechantsreiter. The firm has enjoyed Iremendous success ever since, con~xibufing approximately a b//hbn dollars to the induslry via the constmclion of luxurious, single family homes. We were involved in the documented renovation of a historic house located in the PROFESSIONAL HISTORIC PARK DISTRICT, Del-Ida Park in Delmy Beach, Floridm This gem became the home of our new offices in December 1996. Once completed, it was included in the Delmy Beach Historic Sodety Homes tour. Shane .Ames specialiTeS in very high-end custom designed residences.. His work has been featured in most of the leading architectural magazines such as FLORIDA ARCHITECTUR~ IYNIOUE HOMES and PROFESSIONAL BUII.13ER, just to name a few. One of the models he designed, "THE WESTBAY," won five awards at the coveted "Pinnacle Award for 1990" ceremony at the Crocker Center in Boca Raton for BEST'ARCHrFEGIIYRE, BEST MODEI.~ BEST INTERIOR DESIGN and BEST lANDSCAPING. Shane's work for Interior Merchandising won the PRISM GOLD AWARD in 1995 for the midrise, "La Sanctuaire.' We are proud that the popular national magazine, FLORIDA DESIGN, Kas given us recognition via an unprecedented 20-page coverage on two of our unique single family residences in the Boca Raton area in their Winter 1995 issue (Vol. 5, No. 3), a feature in their Summer 1997 issue (Vol. 7, No. 2). We were featured ~ in the Winter 2000 issue (Vol. 10, No. 4), and recently in the Spring 2001 issue, giving us special prominence via an 18-page article publicizing two of our homes. Shane and his handpicked staff serve an international clientele who demand the best in dramatic and sophisticated house design. Shane's impact upon the architectnml beauty of South Florida is evidenced by the several thousand residential designs in all the leading and prestigious Yacht, Golf and Tennis Country Club Coinmumtie~, as well as Oceanfront and Intracoastal areas. Shane designed the original Sales Center in the luxurious St~ Andrews Country Club, and continued with cre~tlng some of the most duplicated and sought- after models named "ARI .INGTON,' "HAMILTON," later renamed "OAKBROOK,' "MANCHESTER," "BARRINGTON,' and "MANSFII*.!.I3.~ Shane designed about every fourth residence in the St Andrews Country Club. We 'take you from your initial consultation through to the production of architectural plans, detailed interior drawings to securing the highest quality builder best suited to constxuct your home. We are committed to providing personal alxenfion to all phases. WE WELCOME YOU TO EXPERIENCE AMES DESIGN INTERNATIONAL IN FLORIDA SANCTUARY, BOCA RATON SUN & SURF CLUB, BOCA RATON ST. ANDREWS COUNTRY CLUB, BOCA RATON BOCA BATH & TENNIS CLUB, BOCA RATON WOODFIELD COUNTRY CLUB, BOCA RATON WOODFIELD HUNT CLUB, BOCA RATON THE SEASONSFBOCA RATON BOCA RATON POLO CLUB, BOCA RATON BOCA GROVE PLANTATION, BOCA RATON BONIELLO'S ACRES, BOCA RATON LES .IARDIN, BOCA RATON LONG LAKE ESTATES, BOCA RATON LE LAC, BOCA RATON BOCAIRE COUNTRY CLUB, BOCA RATON OLD FLORESTA, BOCA RATON BOCA HARINA, BOCA RATON HORSESHOE ACRES, BOCA RATON ENCANTADA, BOCA RATON FOX LANDING, BOCA RATON ROYAL PAI. H YACHT & COUNTRY CLUB, BOCA RATON STONEBRIDGE COUNTRY CLUB, BOCA RATON EAGLE TRACE, CORAL SPRINGS THE HAHLET, DAVIE STONEBROOK ESTATES, DAVIE SUNSHINE RANCHES, DAVIE FOX CHASE, DELRAY BEACH LAS PALMAS, DELRAY BEACH HIZNER COUNTRY CLUB HIZNER'S PRESERVE, DELRAY BEACH DELRAY DUNES, DELRAY BEACH DELRAY OCEAN ESTATES DELRAY GOLF & COUNTRY CLUB, DELRAY BEACH DELRAY ESTATES, DELRAY BEACH STONE CREEK RANCH, DELRAY BEACH SEAGATE, DELRAY BEACH THE HAHLET, DELRAY BEACH TROPIC ISLE, DELRAY BEACH ADDISON RESERVE, DELRAY BEACH BARCELONA ISLES, FORT LAUDERDALE CORAL ISLES, FORT LAUDERDALE DAWSON'S POINT, FORT LAU DERDALE NURHI ISLES, FORT LAUDERDALE ISLES OF PALM, FORT LAUDERDALE SUNRISE KEY, FORT LAUDERDALE EXOTIC ESTATES, FORT LAUDERDALE GREY OAKS GULF STREAH HARBOR BEACH, FLORIDA --~--~--HIGHLAND BEACH ROYAL COVE AT BOCA HIGHLANDS, HIGHLAND BEACH HOLLYWOOD OCEAN WALK, HOLLYWOOD BEACH HYPOLUXO ISLAND BALLEN ISLES, IUPITER JUPITER INLET BAY, JUPITER ANGELFISH CAY, KEY LARGO LANTANA UGHTHOUSE POINT HANALAPAN GOLDEN BEACH, HIAHI PINECREST, HIAMI GABLES, NAPLES QUAIL WEST, NAPLES QUAIL CREEK, NAPLES ROSEHEAD AT WYNDEHERE ESTATES, NAPLES WINDSONG HARBOR, NORTH HIAHI BEACH HIDDEN KEY, NORTH PALH BEACH OCEAN RIDGE DUNES OF OCEAN RIDGE, OCEAN RIDGE PALH BEACH HARBOR ISLES, PAI.H BEACH PALH BEACH POLO CLUB, PALH BEACH CASA DE HARBELLA, PAI.H BEACH GARDENS J.D.H. COHHUNITY, PALH BEACH GARDENS FRENCHMAN'S CREEK, PALH BEACH GARDENS HIRASOL, PALl4 BEACH GARDENS SAN HICHELE, PAI. H BEACH GARDENS CYPRESS HEAD, PARKLAND IN THE PINES, PARKLAND PINETREE ESTATES, PARKLAND BEL AIRE AT GRAND PALI4S, PEHBROKE PINES SUNSHINE ACRES, PLANTATION - LONGBOAT KEY, SORASOTA LAUREL OAK, SARASOTA PRESTANCIA, SARASOTA PEBBLE BEACH, SARASOTA SINGER ISLAND WILLOUGHBY COUNTTRY CLUB, STUART STILWELL ISLES PROSPECT PARK, TEQUESTA EQUESTRIAN CLUB, WELLINGTON WELLINGTON BREAKERS WEST, WEST PAI. H BEACH EGRET LAKES, WEST PAl J4 BEACH WESTON HILLS COUNTRY CLUB, WESTON 4 OTHER STATES THROUGHOUT]HE U.S.A. LAHONTAN, CALIFORNIA ASPEN, COLORADO BEAVER CREEK, COLORADO DENVER, COLORADO CHICAGO, ILLINOIS L'ESPRIT, LA GRANGE, KENTUCKY WARDS POINT WEST, NORTH CAROLINA HARION, OHIO BATAVIA, OHIO CITY OF LAKEWAY, TEXAS VIRGINIA BEACH, VIRGINIA INTERNATIONAL LOCATIONS FREEPORT, BAHAHAS NASSAU, BAHAHAS LYFORD CAY, NEW PROVIDENCE, BAHAHAS OCEAN CLUB ESTATES, PARADISE ISLAND, GRAND BAHAMAS ST. JOHN, U.S.VIRGIN ISLANDS ST. THOHAS, U.S. VIRGIN ISLANDS CURACAU, NETHERLAND ANTILLES ST. HAARTEN, NETHERLAND ANTILLES WOODBRIDGE, ONTARIO, CANADA (~UEENSTOWN,'NEW ZEALAND LUGANO, SWITZERLAND HONACO, PRINCIPALITY OF HONACO COlq IERCI^L PROJECTS IN FLORIDA Health Spa & Massage Center, Boca Raton A. State-Of-the-Art Dental Office Facility, Boca Raton A St~e-Of-the-A~ Veterinary Clinic, Boca Raton A 84-unit Townhouse Complex in Decrfield Beach 100 Quadraplex Units in Boca Raton Affordable Communal Living Facilities possibly local~l on Disney World Property in Orlando Award winning ~Casa La Brisa~ ~5-unit Cougffard Town Villas with individual pools in Dell~y Beach (o~Aflantic Avenue) ~Seagate,~ a 144mit Town Villa Complex in Delr~y Beach 19~4tor~ Townhouse Condominium Complex in Highland Beach 10-unit, Five-Star Condominium, Vi~ Marina Courtyard Townhouses, with dock~ on the Inu-acoastal Waterway in Delray Beach Another award winning. Multi-Family Bermuda Style Courtyard Townhouses, ~St. George's Landinff in Delray Beach ~Place Des Arts,~ & 5-story luxury Condominium on Hendricks Isle, Fort ! ~-derdale Two Video Warehouse Concept Stores in Delray Beach and West Palm Beach ~I~ree ~HaircolorXpress~ Beant~ and Hair Salons in Lighthouse Point, Margate and Coral Sprhgs The Amadeus Gourmet Bistro, Pompano Beach Tuscan Wine & Pasta Shoppe, Pompano Beach Two uniquely designed Card Shops, one in V~rmd Song Harbor, North Miami Beach and the other in Ocean Walk, Hollywood Beach A .5-story Luxury High-Rise named "The Renaissance at The Oceans Edge~ in Delray Beach Architectural Design for many of the ~Aragon~ Luxury Condominiums in Boc~ Raton Architectural Design of a two-story 4-unit Penthouse at the ~Toscana" Luxury Condominium in the Sky, Highland Beach Iamny g, 8 and d-story Townhouse Complex Resort, plus custom single family homes in "Gardens at Highland Beach," Highland Beach Elevatiom and Floor Plan Redesign and Renovation of"The Estuaqr' Luxury Townhouses on the Intracoastal Waterway in Delray Beach Renovating and Redesigning an existing Office Building in the heart of Downtown Delray Beach into Luxmy Mini-Apartments. Renovation Design for the Sheraton Four Points Hotel in Pompano Beach Desgn of Elevations and Floor Layouts for the Hampton Inns Hotel Chain State-Of-the-Art "Pearle Vision" Eye Center in Boca Raton, #1 in the nationwide chain A family oriented total Resort Hotel with a Dinner Thealre and Shops designed with conversion to Casino in mind, Orlando Area Renovation of the "Helen Wilkes Hotel~ in West Palm Beach COIvllvlERCIAL PROJECTS - NATIONAL ~ INTERNATIONAL Bahamian Resort in the Bahamas Unique Bed & Breakfast ConcePt Resort to be marketed nationwide 3 0,1/29/04 lION 11:37 FAX 561 213 ,1774 CITY CLERK 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION PI.se tl~ or p:i~t ~c follo*,io~ ~002 2- Home Address: 3. ~ Refidencc City · Sl=m Zip 4. lgYincipal Business Address: ~ Sm,: Zip Cod= 5. Home l~hone: '10. ~st ~y ~d p~f~sio~ ~=d~ ~ ic~es ~b you hol& ' ' application ~ roman oo file ia thc City Clerk's Office for j period of 2 ~ fi-ora thc dit~ it ~ RECEIVED H~,R 2 9 200~ CITY CLERK Mar 29 04 04:03p Enterprise Uontracters Ib~ll~'Z~-U335 RON BRITO, GENERAL CONTRACTOR 198 S.E. 27th Avenue Boynton Beach, Florida (561) 441-1767 WORK HISTORY: 1965 - 1979 Fourteen years aa' a framing and finish carpenter in Riverside. San Bernardino and Laguna Beach. CaliJbrnia. t~roduction framing on several multi-family complexes, housing tracts, and high quality custom finish work. Seven years as Carpenter, two years as Leadman, five years as Foreman on new residential and comntercial projects, as well as' renovatio~c and remodeling. 1979 - 1983 LICENSED BUILDING CONTRACTOR/CALIFORNIA Lic. B-388997 Spent five years subcontracting and running framing, siding, trussing, fioor joisting, and stair installation on multi-family complexes from large contractors. During this time, I contracted new single,family homes, additions, remodeling, commercial tooting, and commercial tenant intprovements. 1983- 1985 Job Superintendent on custom housing in the Nashville, Tennessee area for one ),ear. Subcontracting framing, trussing, and siding./obs for the next two years. 1986 - 1989 LICENSED GENERAL CONTRACTOR/FLORIDA Lic. CGC-047569 Worked at "The Township" as Punch-Out Foreman for one year. Worked for David Jones Construction at Gleneagles, Polo Club as Lead Carpenter and Foreman for one year on 32 eight-plex wood frame multi-family units. Worked for Davis Brothers as Superintendent on Brighton Lakes in Boynton Beach. building 36 wood-frame duplexes. Constructed custom housing./?om Manalapan to St. Andrews, Boca Raton. Received General Contractor's License in February 1989. 1989 - 1991 LICENSED GENERAL CONTRACTOR/U.S. VIRGIN ISLANDS Lic. 2-01392~92 Traveled to St. Croix after Hurricane Hugo for 5 days to bring supplies and help restore power and water to units of condominiurns fbr a friend. Agreed to come back to restore two houses. Reslored fburteen residences, two commercial buildings and six rental units. Also completed work in St. Thomas and St. John on custom homes. Acquired General Contractor's License in the Virgin Islands in February 1990. Returned to Florida in July ~f 199I and began new additions and remodeling projects. After Hurricane Andrew, I opened a .field office in Miami j~br restoration work. My Miami office completed 16 residential restorations and about 32 roofing projects. Mar 2~ U~ U~:U2p Enterprise Contractors (§61)279-0235 p.4 RON BRITO, GENERAL CONTRACTOR Page 2 1992 - 1993 Was asked to take over operations of Falkav Construction as General Mgr. and to qual~]p the company. Falkav Construction was, at that time, under contract with the City of Delray Beach for the new Tennis Center (2.5 mi]lion-dollar contract) and was engaged in school projects J~>r districts from Lake Worth to Miami-Dade County. Although, after a thorough research, [ decided not to qualify Falkav, i brought the Delray Tennis Center to substantial completion in time for the Virginia Slim Tournament, and all of the school jobs were in line. 1994 - present Owner and President, Enterprise Contractors, Inc. Enterprise has completed many local residential and commercial projects since it's inception, including new constmtction, additions, rentodeling and historical renovations (such as the Sandoway House Nature Center in Delray Beach). In August 1995, I was appointed to the Construction Board of Appeals in Delray Beach, and I was the Board's Director for a 2year term. I'm still serving on the Board for 2003 to 2005 PERSONAL HISTOR Y: ! am 57 years old, married, and hcrvefour children. I have two years of college, majoring in Bus'mess Management. I am an active member of nty church (SDA), where I have been a Deacon.for 14 years and am currently a Sabbath school teacher for young adults. I also sit on the Church's Building Committee. I own a home in Boynton Beach, where my~lhmily has lived for 19 years, and I am a member of the Architectural Review Board.for tt~e Vernon Heights' Properly Owners' Association. I am also a 18-year meraber of A.A. and am active on several committees. Tennis, surfing and jogging are my favorite pastimes. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Pl~l~'type or p.,:im thc £olloa4ng mformau,..n: I. 3. 'Legal Resid,-n,'c: 4. :~cipal Bu.qncss Address: Statc State 7-/ - 6o M.L Zip Code Zip Code Zip C~dc 5. ;l't~mc Ph~,~c BtsincssPh ,nc c~.lZ(2{ ;-Mail ,\ddrcs~' ICe, Phone' [ 6. eAtc you a t'e~stcrTd v,,rc,'? If s,,, ~hcrt' ~e you ] 7. :~t B~ard(,) ~c~ou imcrcstcd in se~ing? Plcaac ~ m o,der of preference: ~ ~ ~ . ~t ~ll~v B ams on M~ich you ~re c.m'ndy sc~ing or have ~rcviously sec'cd: ~l~sc include domd qu,dificati,,n~;. .. ~nd position: skills that ~11 d~c b,.,...c .<t.tcm('nr~ . '--" - '~ --- ~ . re u~c. and I ~rec and ~crstan~ that ~y m~st~tcmcut ofmater~ d~is applica6.m my part of any appo~tm~nt I may recdvc. - I 200~ . CI,3:Y I NCURA N BONNIE P H 0 T 0 Conventions Publicity Portraits Annua/ Reports Slide Presentation CLARK IR A p H I~ R DYNAMIC--PROMPT -- EFFICIENT -- 202'347'6960 DELEAY B~ACH 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type otip~mt the followi~ in£o~m.don: 2- Home ~.ddrcss: .~ /xjC~.t_~ jI City State Zip Code 3. Legal Residenc~: City Stare ZiP Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: ' E-l/roll Address: Cell Phone: Fax: .~ol.'2..'I~-'~O)O)<qi r--~oJ-~_"/~,.,drO~I !t'q~tag~'Ol~-~l~i :- ~c~....~v~E~ - 6. Are you a registered voter? -.T-~=r,~ If so, x~he~e are you regismred? 7., XXnna[ Board(s) are you interested in serving? Please list in order of preference:. 8. Ti~t ~ Cit3 Boardt on ~mch you ate eutrendy serv'mg or have pt~'aously served: (Plea*¢ include dat~s~ 9. Tr. du¢~tional q~lific~:ions: 10. List any related professional ccrfificadons and licenses -,~hich you hold: 11. Give yo~tr present, or most recent employer, and position: ~{T~OI.I; ~:~. t~) 12. Describe experiences, sl~ll, s or knc~leclge which qualify you to se~-e on this board: (Please attach a brief resume) I hereby certify that a/d the above starement* are trac, infl I agree and,~a::,~ma th,t ~y tmsstatcment of m;~d~d fac~s Note: This appiScanon NOV 2 2003 ~RO~ESSIONAL EXPERIENCE: Divea~e experienoe in all aspects of D~ign and Project r/mnagamet~r, from initial program review tlwa~gh prepaxat/on of punchlist. Mat~'h 2001- Pte~at- Robert G Curde rarmer~hlp. Delray Beaah. Florida Project ~nagor P,t~t~ibl¢ for all aspens of projecL Sim ~ bRildi~g desi~ ilwludi~g applicable code · C.o-ordLqation with clients, oonsu~a,zl~ and ~omractors * Production ofoautract documents and speoifi~oas · Construction adm~tr~don projects: St And~ws Conntw Club, Duvall Place Condiufiunumas, V'ffiag~ Oran~ Condimlumums. Mi~nni F'tm Station #2, D¢lray Piayhonse-c'hi!drens Theaue June 1998- Ja~ua~ 2001- T~OMAS POPE, PA., Key West Florida Projects: Hyatt Key West~r, 620 Somhard Str~.t~ Btymt Residence Truman Ann~x~ ttendd& Residenc~ 901 Flagler, Woods Residence, Powell Point Bahmnas, Rain Hotel Sc~Pteml~x 1997-May 1998- WYLAI~D .aRT GALLERY. Key West Florida An CoasuRam/$alespetson Assisted.manage~ w/th uaining October 1995-Apttl 1997-1.17. CLAmORI~ hr., Ne~ York City, Ncnv York Corporate ~'bilily for all offices, show~0oms & special projects Ogtob~r l~91-~tzmb~r 1995- LIZ CLAIBORNE Inc., Nmv York ~, N~ Yo~ R~ ~r N~ York G~ m~d ReDo~ offi~, s~wr~ o~ & ~ pr~ Hel~ to d~l~ d~ ProjeCts: Atbm~ Apparel Man Showrooms ami offices. New Jersey r~mil offices. Corporate relail display Presentalion. New York Showrooms and offices for V'fllagor, Crazy Horse, Dresses and Collecgon St'~ldio April 19~$-Scpt~mber 1991- Designe~ Fore Ltd.. New York CftL New York May 1984-March [995~ Met~ky & Zackerman, Vel'ona, New June 1983-tMay 1984-JS Randolph Associates, Hackensaclq blew New Jersey Sehaol of ~re {~ lICE, Newark. New Sen~y 19g3-Bachelor of Architecture Ccrlificat~ for IFS for Commercial & ladustriaI Lighting RCS Building Code Inspector- l&2 Family Sub-oode Official- l&2 F~mily DweBings Ncw York Building Code Compliance ADA Compliana~ £d I,~JEfi:8~ ~E l~Z ',~FI ~8~8 £t~E Igfi : 'Oil ~NOHd dlHSa~.IJ_~d lq:il) §~1B882?BL9 BOILER GROUP P,~E 02 09:45 FAX $~! 2,13 3774 C~TY CITY OF DELRAY B~J~¢H BOARD, MEMBER APPLICATION 6..Arc y, 8. Lis~ 11. Give I h~by ~ ~ m ~t the follo~?ia~ i.form.~ton: CITY CLERK 04/13/21304 14:18 5GiG882788 ~ B01'ER ii~R'.01~ PAGE 03 April City of ] 100 ~ Delray t To Who While I in histor I am a n Easemel Wheu tl~ lived in Exampl, 'Boston Co Foo~ WoI DJsa Fuel Unit Spex Hah As a roe studel~tS their cia I am vet bmden ! oppmXm Please Sincere KimA. Delmy i 561-271 2004 ellay Beach 1'~ Avenue ;each, FL 33444 n It May Concern, nay uot ha~e qualifications directly related to historical prese~wation, I ~ interested cal integrity and the challenges involved to maintain those values wlfile trying to odate growth. aident of the Historic West Settlers Disuict and am cm-rently participating in the tt Program created to restore and retain culturally historic homes in our neighborhood. e work is complete I will he moving back into the house on 3~a Avenue that I have ~or the past year and a half. My Mother byes around the corner on 4th Avenue. :s of commuuity service progrmns I have connihuted to in Palm Beach County and MA include: munity Actiou Progrm~ (CAP), artswefing phones, aid application ~sistance l PantD', picking up, inventorying .and distributing food at CAP ~en Infants and Children (WIC), s.i.d application assistance bilifies Right Center, data processing legal docmneuts Assistance Program, qualifying, calculating and processing benefits '.d Way, program reviewer ial Olympics, team coordinator tat for Humanity, home construction & Paint Your Heart Out volm~teer ~aber of the West Palm Beach Advertising Federatiou we regularly host groups of rom local universities to visit om: office, or make a presentation on advelxSsing in ;rooms. grateful for the generous funds that are helping to relieve the enormous financial restore my home. Any way that I can begin to reciprocate for fifis amazing tity I will be glad to. =el free to call with any questions. )onovan 3~ Avenue ~each -2074 Mar-D1-04 lO:$?am From-WASHINGTON MUTUAL +S616698~06 T-470 CITY OF .D£LRAY.BEACI-I BOARD MEMBER AlsPLIC, ATION P OZ/OZ RECEIVED CITY CLERK 767 l~o~-t~ 3?th Avenue Del~y Be, ach, Florida 33445 (407) 499-4578 SUMMARy OF OUALII~CATIQ~V t Positive 'can do' attitude · Orgaz~ed aod innovative · Excellent interpersonal relations · F. ffective written communication s~L~ · Adaptable and flem'ble · Abilfly to remain calm in s~rars'ful situations WOR~ LOfp£~£~:F, AHTRUST BANK, LOAN OFFICER, .BOCA RATON CALIFORNIA FEDERAL SAVINGS & LOAN · Branch Manager. Pompano Beach (1987 to present) 12/1/92 to present 4/8$to~mse~x 11/92 * Mana./ement response/l/ties/nclude operae~g budtet and staff_ complete customer sathfac6on wh/le con~"o1~.g e~q)enses ...... · Create customer awareness by develop/az and knplemenfing marketing programs and sol/c/ting outside business- · Branch condstently ach/eves over 100~ of production goals · Prov/de h/gh customer serv/ce leveLs en~phasizing problem resolution and staff development · Increased deposit base from $12 million to $$1 mill/on · Received several "Branch Manager of the Month" awards nAsslstant Branch Manager. Boca East (1986 to 1987) · Assisted ia all operational are,~ of branch management IFloater. Browsrd and Palm Beach Counties (1985 to 1986) * l~volved in teUer and savings functions ~or branches within Bwward and Palm Beach County FIRST BANKERS. Marpte, ~ IHead Teller · Controlled daffy operations · Supervised staff of $ * Conducted staff and U'~,,~,,X mee~gs * Provided customer service · l~-~mized losses UNIVERSITY OF TOLEDO. Toledo, OMo Bachelor of Busines.% 1982 ~,/83 to 4/85 FROI,I : ~--c~qll FP~,~ HO. : ~.~1_~---~,'7_1~ _Tun. 10 ~:~:~ 09:-14PH F'i 06,'10.*(1~ '~'C~ 1!:0~ FAX B61. 243 377~1 CITY CLFA~K CITY OF DELlU~Y BEACH BOARD MEMBER APPLICATION RECEIVED JUN ! t 2003 CITY CLERK DIH. RAY BEACH 1993 2001 GITY OF DELRAY BEAGH BOARD MEMBER APPLICATION the foUowing information: ~~ I State Zip Code 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6. Are you a regdstered voter?_ . ~ If so, where j~re vmu re~,iste, red~ 7. at B ard(s) are y 'nteres.~ed in se ' Please list in or er of reft reneW. ' 8. List all Cig Boards on which you%re currendy servihg or have previously served: (Please include dates) ~ / 9. EaI.ucational oualifications: 10. List any related professional certifications and licenses which you hold: fi - ., · 11. Ol~your present, ot~mgst recent employer,._and posmon: {_ 0/2~ . __ ~, , __ /, 1~, Dessxibe ~xpe~en{:es, sldl/s pr-knoMedge Which qualify you to serve on this board: (Please attach a brief resume/ /U u .-,"gO'~ - / ~3 IhL4~l~y .ce~. '.~/./at aldl//~.e above stafl?ments are true, ~nd I agree and unde~stana that any ~x~sstatement)of material facts con~1/8t th/flpppii~ation maysff,flse forfeiture upon my part of any appointxnent I m~y receive. SIGNATUR.E DATE I / ' Note: This application, will remain on file in the City Clerk's Office for %period of 2amars from the date it was subreatted. It will be the applicant's responsibility to ensure tl~s~on is on file. 3 2 1 13 FEB-13-ZOO4 11:08 FROlQ,-TAURIELLO & ¢~p,vIy 2001 T-]G4 P.OOZ/OOZ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~ Code ~-Mail Addres~ ~e~_ C~-n Ph~ ,, ~;1. Gi,~,' your Nam: ~ ~t~tion ~ m~. It ~11 be ~st x~(~t cmploycT..~ad p~uaosc T~u~E'u.,o ~ (4P ~ ~ c~ ~ m thc Ck~ Clg~'g O~ ~)r s 9ctic~ of 2 ~ ~ t~ ch~ ir~v-~ ~ELRA¥ BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Picssc r~:)e or pz~flt '.he followin~ Z J~ome~ddr~s: 3. l"lpl Rcsideacc: Cir~ ' State Zip Code 4. P~incip~/~ usiness Address: State Code 5. Home Phone: Business Phone: E-Mail Adckess:~!-~ Cell Phone: 7., ~t Board~ you ~stcd ~ s~g? please ~t ~ ~ Ofp~f~ ' 10. ~s~ ~y reb~ed p~f~go~ c~ons ~d Ice,es ~ you hold: 11. ~e yo~pr;se~k or mo~t,~c~ploy~, ~d ~ ' ~~ ~//~ f~ RECEIVED '~ - a~O - JUL 2 application will remain on file in the C..i~.~cr~l~or a period of 2 ~ ~rom thc chtc it ~s subrnincd. It ~ be the applicant's respo~ato~i~y t~'~ts~=u~ ~t~at · cun-ent aPplicz~on is on file. RF, SUMF. FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER 04 Yr~) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (multimillion dollar producer) PRESIDENT: MERRITr PARK HOME OWNER'S ASSOCIATION (4 yrs) BOARD MEMBER PROGRESSIVE RESIDENTS OF DELRAY (2 YEARS) MEMBER SW/NW REDEVELOPMENT TASK FORCE (FROM INCEPTION) PRES[DENT BEAUTIFICATION COMM1TTF. E FOR THE NW/SW REDEVELOPMENT TASK FORCE) MEMBER DELRAY LOOP a. CO-MANAGED TROLLEYS FOR OPENING DAY EVENT b. WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING OF LOOP-PICKING UP GARBAGE IN SW/NW SECTIONS c. WORKED AT DELRAY FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBUTING ANNOUNCEMENTS OF THE FOLLOW ING WEEKS OPENING CEREMONIES MEMBER FLrND RAISING COMMITI~E FOR THE MILAGRO CENTER. BOARO [ EMBER APPLICATION 1993 2001 Please type or print the following information: Miller Dale State Zi~ Code H°meAddress:800 N. Ocean Blvd. #4 Ci~)elray Beach FL 33483 3. Legal Residence: City State Zip Code 800 N. Ocean Blvd. #4 Delray Beach FL 33483 4. Principal Business Address: City State Zip Code Daring By Design. Inc. 6971 Nj Federal Highway Suite 400 Boca Retch FL 33487 5. Home Phone: Buqiness Phone: E-~Mail Address: Cell Phone: Fax: 561-272-9533 561-999-0727 ~alemiller@att.ne: 561-866-125( 561-999-072~ 6. Are you a registered rotor? .- if so, xvhexe axe you registered? Yes Pvi¢inct #189 7. What Board(s) are you interested in se~'in~. Please list in order of preference: Historical Preservation 8. List all City Boards on ,,vhich you are currently serving or have previously served: (Please indude d~tes) None 9. .Educationsl qualifications:., , Attended FIT, NCIDq-Building and Barrier Free Florida 10~ List anyrehted professional Certifications and licenses which you hold: Licensed to Practice Interior Design Florida. ID 00024] 11. Gh, e you~ present, ot most recent employer, and position: Daring By Design,Inc. - President 12. Describe experiences, Skillq or knowledge which qualify you to serve on this board: (Please attach s brief resume) See Attached hereby ~ that all the above statements axe true, and I. agree and unde~tand that any misstatement of mat~'ri21 facts containe¢ 'in t~s applic~nay cause forfeiture upon m3 p~'t of any appointment I may receive. SIGXA~URE ' '~// J .... , ....... D~,TE / '' ........ Note: This applicafiofi will remain on file in the City Clerk's years from the date it was ' submitted. It will be the applicant's responsibilit3' to ensure that a cux~ent application is on file. CITY CLERK DARING DALE MILLER kS.I.D. PRESIDENT CREDENTIALS State of Florida License to Practice Interior Design ID 2413 Vice President: ASID FSC (American Society of Interior Designers) 1996-7 Board of Directors: ASlD FSC (American Society of Interior Designers) BOard of Directors: IDAF (Interior Design Association Foundation) 1995-2001 PUBLISHED South Florida Business Journal Nursing Home Magazine Boca Raton Magazine Interior Design Magazine Florida Design Magazine Palm Beach Post Sun Sentinel Orlando Sentinel Los Angeles Times AWARDS AND AFFILIATIONS AWARD:-ASID Design Excellence Award 2000 AWARD: Woman of Distinction: 1996 Soroptimists International AWARD: Junior t_eague Designer Showhouse AWARD: Hospice/kS.I.D. Designer Showhouse Board of Directors- Children's Miracle Network Immediate Past President: Professionals for the Haven President: Professionals for Children's Charities Vice-President - BUGS Boca Raton Museum of Art EDUCATION Fashion Institute of Technology NCIDQ CERTIFIED: Building and Barrier Free 697IN. FEDERAL HIGHWAY SUITE 400 BOCA RATON, FL 33487 561-999-07~7 FAX 561-999-07~9 LIC[ISED BY STATE OF FLORIDA IDTFfllOR DESIGN !1BC0213 FRX 140. ~c~u~ ~¥~ - -~-/7 ~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Pt~ase t~e or pm)_t_fl~e followln$ in6}£mation: 1. Last Name: ~__.~._ .~.t~...~t~' 2- Home Add£ess: 3- la~g~l Resideuce: 4.. Principal Business Add~ess: City Cie/ Stat~ Zip Code S~te Zip Code State Zip Code $. Hom~ Phone: Business Phone: 1 P_.-Maa Address: [ Cell Phonec [Fax: a;t_z 8_ 45t 6. ~e you a r~iste,'~ vo~ ~ If so, wh~e am ~u ~atered? 7. What Board(z} a~e you int~t~t~d h~ serving? Please llst in order ofp~ferea~ce: List~CityB~ards~nx~Mchy~u~rec~ead~s¢~ing~h~ve~r~vica~s~ys~med:(P~¢as~i~c~ud¢da~s) ~E~ ~ 9- Educational qualific~6ona: List any related professional certifications and ficens~ which you hold: l t. Give your present, or most recea, t employer, and positiotg 12- De~ctibe eacpedences, skills or kno~u{edge whlcl~ qu~llf~ you to sc£v¢ on this board: (Ple~e atl~ch a bhefresume) i hereby certify ~hstr~la~c above ~en~ SIGN A~E DAq~ Note: This application will tv. main on file in the City ClcdEs Office for a period of 2 years ft~m the date it was sobmitted. It will be the applicant's responsibility to ensure dxat a cutxent application is on file. FROH : FA× IqO. : F~b. 21 1998 08:32PM P5 FRANCISCO PEREZ-AZUA, AIA A RG H ITEGT In 1991, ~ earning his M~t~ o£At~lfll~mu~ desr~ tbmm the Univ~rS~ly of Florida. Fra~ei.~x) moved ~o ~ Sou~ Florida a~es. dovolopmemlt of mauy ~mm~cial and r~sJdeufial project_ He ~ d~,igu~l I0,000 plus sq. it lu.x-uty tcd&'nees, eust~u home~ of ovor 5.000 sci. t~ ~ welt as small~ six~I¢ fi~fily rosid~.s in Dado. l~owmd, md Palm B~eh Co~mti~, Today, Fra~isco P~-Ama foats~ his own ~chite~aual pra~c~ ~ ~g ~ q~i~ de~ ~ ~ ~g ~ ~ p~ ~ m h~ ~. ~on. Membe~k~ps .( DELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following in£oxma6on: ~. ~siiq~;: Pot. i Nme No~iS~'z'r S~te 2. HomeA'ddress~ln ~~ ~. ~ ~Y~ ~- 3. ~ Residence: 4. P~6n~ BusM~s Add~css: ~ ..... I ~ ~ Sute ~p Code 5. Home Phone: Business Phone: E-M~ ~ddrcss: Ce~ Phone: F~: 6. Are you a re~stered voter? ~ If so, where ~e you re~stered? 7. ~at Board(s) are you interested ~ se~g? Please ~st ~ order of preference: 8. ~st ~ CiB, Boards on w~ch you are cu~enfly se~ or have Pr~ously seined: ~lease ~dude date0 10. ~st ~y related professionfl ce~ficafions ~d ~censes w~ch you hold: ~ ~ M~ ~ L Giv~ you~ p~esen~ o~ most t~c~nt ~m~Ioy~) ~ posidon: 122 Dess~e' expenR~ces, [~s or ~le~ w~ch q~ you to ~eme on ~ bo~d: please am~ a brief hereby ceffi~ ~t ~ ~e above statements ~e me, md I ~ee md ~demmd ~at ~y ~ssmtment of mamdd fa~ con~ed ~ ~s app~cafion~ay cause foff~e u~n my p~ of my appo~ment I~ay rec~ve. $IG~A~ Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the apphcant's responsibility to ensure that a current application is on file. . DEU~AY BEACH 1993 2001 ...... ~ELR~YBEACH 4.;I i T ~,,Jl' BOARD M~--..MD~..R A~LICA-TION submitted. It will be the applicant's responsibiliO'~i~4~-~ ~'~t ~t~rent applicauon ~s on file. JUL ?5 2003 CITY CLERK DAVID REDELHF2M A~d. ~-~ws A~ae g~ ~D~l~ayBeach,~F~id~ 33~3 OBJECTIVE: To secure a challenging executive position employing professional and p~onat-$tabl4ity eomblned-wittr~:of .... · ' dem~ding retail environment. M~ster~f Aml~-~q~-~dl~m'6~r..', ~'v'a~ity;, V'flhmov~ ~. 1974 Bachelor of Arts Degree, Pennsylvania State University, State College, Pennsy~mia,~ 197O WORK EXPF_~IENCE: B~mfingd~ ~ ~- ~ ~~d~q~s-DivS{ional Merchandise Manager, 1981 to Present. Home Furnishings position to Divisional Merchandise Manager. Opening~f four ,~~ ir~Pennsytvan~an& F,~ofida. Responsible for driving $35 million home furnishings/men's volume. Excellent working relationships with superiors, direct reports and central ergm~ation. ~ Jew .._ · · ,~~e~y~ ~ve~.:~ ovations Manager, 1976 to 1981. Responsible-for superv~o~on~af-fc, uv ~e~he, v,~oom i~, e~ntral warehouse and buying organizations, reporting directly to principals of company. ct~mi~ school-mmV, wmnh~, ~ ~unior ~S~hool English Teacher, Athletic Coach, 1970 to 1976. PE~L INFORM~FION: Married with twin daughters. Pr, ts,~,tnd ini~,~i~. ,,axdi~, h-a~dla~, aad h-lp p',z.=.-~g, physical-f~ness, gardening, ballet, theater and painting. References-available upon~'~lUe~. 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t~pe or print the following information: 2. Home Ad&esi: - 3. Legal Residence: { City t State Zip Code f.us_~ess Address: City State Zip C~e 5. Home Phone: Bu~ess Phone: E-M~ Address: Ce~ Phone: F~: 6. ~c you a re~stered voter? If so, where =e you re~stered? 7.,i~t_~oard(a) ~ou Mtcrested ~ ai~g? Plebe ~st M or&r~f~tef~rene~: , 8~ ~t ~ q. Boar~ on whch you ar~cu~enfl5 se~g or have~re~ously se~Fd: ~lease ~ude dates) 9. Edu~fional qu~ficafions~ . Stany related professional ce~fica~ons =d ~censss w~ch you hold: I 12, ~be ~es, sins or ~le~e whch qu~Oygu to seine on ~s bo~d: ~le~e.amch a brief res~e) I hereby ce~ ~at ~ ~e abov~s~temen~ ~e ~e, ~d I a~e ~d ~dersmnd ~at ~y ~ss~t~ent otmate~ ra~ ~_c°n~ed M ~s apphcafion may ~use foffd~e upon my pm of my appo~ent I ~y rec~. Note: This application will remain on T Clerk's Office for a period of 2 years from the date it was submitted. It will be the a[~di~r!_t'$r~sibility to ensure that a current application is on file. CITY CLERK THE INTERIORS GROUP BOCA RATON · MIAMI President and CEO The Interiors GroUp After graduating from the New York School of Interior Design in 1972, Micbelle Reich spent much of the 1970's as a residential designer and interior merchandisor in New York and Chicago with Childs/Dreyfuss. In 1980, Childs/Dreyfuss transferred her to Boca Raton to open the firm's Florida branch. A year later, she made her first venture on her own with Palmer/Smart Interiors, named for herself and her husband Smart, then a successful architect and builder/developer in South Florida. After winning numerous local and national awards, her talent and success caught the eye oftbe Los Angeles based Desi8n One. They offered her a position as first President of their Fort Lauderdale satellite office. Working with Design One, Micbelle built upon her expertise in interior design and model merchandising. Michelle quickly developed a name for the internationally recognized firm, taking it from one to 15 employees in less than three years - and quickly gained a personal following in the area with her signature trademark designs. In 1985 she broke away and opened The Interiors Group. Over the past 17 years the company has grown both in reputation and size to become the leading interior design firms sought by major builders, both locally and nationally. The award winning company now boasts 35 employees including one of the most highly talented creative teams in the design industry, a new corporate office in upscale Boca Raton and a satellite office in Miami. The success and reputation of Tbe Interiors Group is a result of Miehelle's keen understanding of the entire building process. Michelle believes that the design process begins before ground breaking and that is why Builders and Developers come to her in the initial stages of development for her architectural expertise and critiques that give their product a cutting edge before construction even begins. This is one of the unique services offered by The Interiors Group to help promote the philosophy that merchandising is the foremost marketing tool for builders and therefore deserves a strong eye for detail to insure that the builder is reaching the targeted market. Additionally in the past five years, she has created a new concept for the Builder's "Design Center" that creates an inviting and accessible design source that assists both the builder and their clients in completing the home buying process. Micbelle Reich is helping builders and develope.rs sell the American Dream, the attainable American Dream. Not only do her designs spark imaginations and inspirations for targeted lifestyles, but she also emphasizes memory points in her interior design to complete the package for the builders and developers to make selling or leasing their product that much easier. She has defined design trends and often sets the industry standards, which she feels, have contributed to South Florida's leading the nation in cutting edge design. RECEIVEE: FEB - $ 2.00 CITY CLERK THE INTERIORS GROUP BOCA RAToN * MIAMI January30,2003 Karen Schell, Executive Assistant Office of the City Clerk City of Delray Beach 100 N. W. First Avenue Dekay Beach FL 33444 Dear Karen, Thank you so much for sending me information on the City of Delray Beach Boards and Committees. I've COmpleted and enclosed the application form. Karen, it goes without saying that I would love the oPpOrtunity to become involved with the progress and growth of my newly beloved hometown of Dekay Beach. I feel that after almost thirty years of my involvement with the housing and development industE¢, I can bring to the table the knowledge I have acquired which has been so instrumental in the success of my own business. · If you require any additional information please COntact me at any time. I look forward to hearing from you soon. Please stay in touch. Warm regards, Michelle Reich President Enclosure RECEIVEL FEB - 6 2003 CITY CLERK CiTY OF DEr. AY BEaC, BOARD MEMBER APPLICATION Please t vrint the followin information: 1. Last Name: Name M.I. 2. Home Address: City State Zip Code 3. Legal Residence: City I ' Slate Zip Code 4. Principal Business Ad&ess: .... City ' " 'State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Celt Phone: Fax: 16. Are you a regislered voter? ' If so~ where ~ld~'~ou registered? ' 7..WhatBoardls)areyouinterestedinsezvingCPleaselistin°~erolfp~eference:~ --- . -- 8. List a~ City Boards on which you a~e currently serving o~ haQe previously served: (Please tadude dates) 9, Educational q,,alifications: lOJ List any relamd pv~£essional certifications and licen'ses which yon hol~i: ' ' 11. Give your present, or most recent employer, and position: 1Z Descrilte experiences, skak or knowledge which qqalify you to serve on dam board: (Please attach a baef resume) I hereby certify that ~ the above statements a~e true, and i agree and tmdetsland that any misstatement of material facts' ' comained in this application may came forfeiture upon my part ofm~y appointment I may receive. SiGNA ' . ' DATE app!' m on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicanfs responsibility to ensure ~hat a current application is on file. Samuel Resnick 2835 SW 13th Street Delray Beach, Fl. 33445 Ph# 561.330.8419 Resume of Samuel Resuick 1. Education a) Graduated from City College of New York in Aug. 1949 with a Bachelor of Civil Enginering Degree. b) Completed various courses in Building Code Administration and code analysis. Theses courses were given by Building Officials and Code Administrators, International. (BOCA) ~ 2. Licensing a) Retired professional en~neering licenses- Florida, Connecticut, New York, New Jersey, and Vermont. b) Retired registered architectural licenses- Florida, Connecticut, New York, Mass., Vermont, Delaware, Pennsylvania, and the National Council Architectural Review Board. c) Certified as Chief Building Official by State of Connecticut in 1979. 3. Organizations a) Was member of State of Connecticut Codes and Standards Committee fxom 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk State Technical College. c) Member of the construction panel of The American Arbitration Association. d) Member of the Palm Beach County Board of Education oversight committee on school construction ~om 1995 to '1996. 4. Experience a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct. See attached letter. b) August 1986 to Oct. 1991- Private practice as Architect-Engineer. c) March 1978 to August 1986- Director of Code Enforcement and Chief Building Official. d) June 1957 to March 1978- Private practice as Architect-Engineer. e) From 1939 to 1957- (except for two years in U.S. Navy and three years in enginering school) worked for various architectural and engineering firms. 07/06/-2004 12:11 551-278-6431 SIGiqzAZRAMA-BOCA/DEL llll BOARD MEMBER APPLICATION 1993 2001 PAGE 01 ~,se tTpe o~ print the.following infcxtmation: . ~lst Name: Sneiderman ,/ ~o,~e add~s: 2105 Layer's 5. ]L~g-'al Residence: Ci~-#211 k Pz~cip~ Business Add-ess: 3125 S. Federal Highway ;. Home Phone: [ Business ].,hone: 561-279-4311[ 561-278L7446 ;. Are you a regnstered voter.~ Yes Michael ci~ Delray C~ Beach Ci~ Delray Beach State Zip Code '~tate Z~ C~1¢ FL 33483 E-Mail Addreas: Cell Phone: ] ~xi_2 sneidssg~aol.eom 561-703-6453 78-6431 If so, where are you regiatered? Delray Beach List all Cit3' Bo~rds on which you are e~'rendy serving or h~ve previously s~rved: (Please indudc dates) SPRAB - Appointed 9/1/2000, served two year term £du~o.m~m6c.~o.,: Batchelor of Arts Degree in Economics University of ConnecticUt" 1967 O_ List any rehted pr'ofe~sional cefUfications and license~ ~,/mch you hol& ' ' 1. Give your present, ox most recent employer, and position: _ Owner & President of Sign..*A*gama of Delray, B, each 2. Describe experiences, skills or knowledge which qualify you to ~crve o~ this boaxd- (Please attach a brief rc~umc) ---- · I've served on SPRAB for 2 years. · I've had direct desiEn & fabrication involvement, as well as layou% installation, material choice, color variatior~ & color scheming experience in literally thousands of signs over the last ~ye~ in projects large and small in scope. Included in my portfolio are the signs at the Old School Square, First Night, Joint Venture, the Tennis C,~enter, ,~Golf Courses, etc., eta., etc. · o~,: m, .ppU~..on wi, ~.~ & fa.., che c., c~.~ om~ fo~/Y.~Y~ f~o~ .~e a.~e i~ submitted. It will be the applicgnt's responsibility to eg, uxe that a c~t annlm0tion ~s on file. CITY CLERK CITY OF DELI:lAY BEACH ,OAR, MEMBER APPLICATION 1993 2001 ~. ~ Residence: City Sumac Zip C_,ode 4. P~.'.~ci~al Business Ad.ess: ~ Su~ ~p ~c ~. Home Phone: - Bu~ss Phone: ~ ~ss: ~ Phone: F~: 9~u~o~ 9~dons: ~ ~ _ pplicalion will remain off file in the City Clerk's Office for ~ · . . t [IFl:ivtP~4lq~m thc dat~ it wts subrmttcd. It will be thc applicant's responsibility to ensure that · ~'~-~n"i's~p'ii~a~o~'~ls on fi/c. AU0 '1 4 2003 ~'~" CITY CLERK ANDREA ST. JAMES t264 Audubon Blvd. Datmy Beach, FL 33444 PH: 561-278-3008 CELL: 661-542-46t0 E-Marl: BalHeH~our~ol.corn Objective: Touse all of the special writing, public relations, publicity end management skills I possess in an executive level public relations / publicity capacity. 6peclsl SIdlls: Wffdng, Event management, publicity, & public relations skills. WORK EXPERIENCE ~q)O0- ~002 1999 INFORMATION TELEVISION NETWORK- Boca RAton -1)irector, Public Relations lTV is a conglomerate of several production companies 0~, Me'TV, lTV Digital) who produce Gracie, Freddie & Tally award winning television programs aired over several national netwon~s. Write & sewice press releases, meet with various industry reps, pitch stories to publications for publicity and scan & distribute industry media stories from myriad publications. Write ad copy, secure film locations throughout the U.S. for video productions. Pitch & barter show ad placement in national publications (over $600K in one year). Lead division directors & managers in bi-weekly meetings. Personal credits include: Winner:. 2000 Time Inc Health Freddte Award; Winner. (2) 2001 Time Inc. Health Freddie Award~; Winner:. 2001 Addy Awards (2); Winner. 2001 ASCRS NMion-,I Media Award; ,Judge: 2001 Aurora Awards. Member, Netfonal Academy of Television Arts & Sciences. Commodore Aviation, Inc. - Miami - PR & Technical Administrator Commodore Aviation, Inc. is a subsidiary of Israel Aircrafl/Bedek in Tel Aviv and provides MaW maintenance for the aircraft of govemmente and major commercial canters. I administered t~hnical aewices es well es wrote speeches, wrote & serviced press releases, oversaw large events, photography and brochure production. The Font=ineMeau Hilton - Mlmni - i~lsure Travel Marketing At this v/o~l renowned reeo~ hotel, I worked in intemational marketing within the area of Leisure Travel. Reporting to the Director and two sales managers, : I determined what should go into their sales kits for intematJonal mass mailings, wrote marke6ng letters to sell the resort and edited press releases. 2 1989 - 1993 1985 - 1989 CRA Man~ged Care, Inc. - Richmoml, Vlrglnfa - Office Manager This national vocational rehabilitation corporation services the major insurance carriers of the continental US, Hawaii and Canada. It provides vocational rehab services to those people injured on the job or who have experienced a catastrophic Illness or injury. As office manager reporting to the Regional Manager, I hired, trained and oversaw cJericel staff, controlled the timely receipt and dist~bution of medicel reports, edited written reports and controlled hilling. I also wrote marketing letters and maintained contact and correspondence with clients and attorneys. Twentieth Centmy Fox - Loc Aagelse ' Exec. TV Publicity A~btant Reporting to the Director and frequently, the President, duties for one of the largest entertainment corporations in the world included heavy liaison with stars and major media rspresen;.ab~ves. This included initial oversight of an approximate $1.5 million annual television publicity budget, overnight of print advertising end large media events. Also included writing, editing end servicing press releases; creating, editing and updating press kit mate~als; evaluating sc~pts in progress; national/international press distribution; attendance to and fact;i',~[;on of stars' interviews and major media functions; handling studio fan mail and interacting with various other departments, producers and publicity agencies to promote publicity on varied se~es and stars, including EMMY winner L.A. Law. Set up and facilitated many of Twentieth Television's high-visibility functions including the yearly EMMY party at SI~.. go, the annual executive/producer/writer introduction event and various 100u~ episode parties for our successful series. Was asked to accept an award for L.A. Law. Ogilvy & Mather/Tho Ogilvy Group - Los Angeles - Office Manager Began at this internationally successful advertising agency in Richmond, Virginia at then-affiliate, The Martin Agency, and was transferred to The Ogilvy Group In Los Angeles in 1988. Reporting to the Chairman and President, duties inciuded acting as liaison with clients and creative teams, confidential work in the corpo~.~[e day-to-day experience, research projects on an assignment basis, oversight of clerical staff and assistance with high profile mad a events. Also was contributing editor of company newsletter. COMMUNITY SERVICE National Neuroflbromatosis Foundation (NF) Los Angeles Business Volunteers for the Aris (BVA) Richmond ~chool for the Performing Arts ($PARC) Richmond Stop Child Abuse Now (SCAN) President Reagan 1979 Campaign (Southeast Tour) Public Relations Chairperson Publin Relations Consultant Public Relations Consultant Public Relations Consultant Touring Public Relations Asst MEMORANDUM TO: FROM: SUBJECT: M~YOR AND CITY COMMISSIONERS CITY MANAGER~ # ~5~(~ _ REGULAR MEETING OF AUGUST 3. 2004 AGENDA ITEM APPOINTMENTS TO THE PLANNING AND ZONING BOARD DATE: JULY 30, 2004 The terms for Diane Borchardt, Jillian Moms, Kenneth Peltzie and Jess Sowards will expire on August 31, 2004. Mr. Peltzie and Mr. Sowards have fulfilled two full terms and are not eligible for reappointment. Ms. Borchardt and Ms. Morris have fulfilled one full term, are eligible and would like to be considered for reappointment. The term for all four appointments would be for two years ending August 31, 2006. In order to qualify for appointment, a person shall either be a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. The following have submitted applications for consideration: See Exhibit "A" attached A check for code violations and/or municipal liens was conducted. None were found. Voters' registration verification was completed and all are registered with the exception Of Sara Coen and Christel Silver. Based on the rotation system, the appointments will be made by Commissioner Costin (Seat #1), Comtmssioner Archer (Seat #2), Commissioner Levinson (Seat #3) and ComnUssioner McCarthy (Seat #4). Recommend appointment of four (4) members to the Planning and Zoning Board for a t~vo year term ending August 31, 2006. Jose Aguila Paula Aridas David Beale Diane Borchardt Ronald Brito Sara Coen Reginald Cox Lesley Deutch Joe Farkas Signrdur Hardester James Houck Johnny Kincaide PLANNING & ZONING EXHIBIT Architect (also applying for HPB, SPRAB and Board of Construction Appeals) (also applying for SPRAB) Attorney (also applying for SPRAB) Planner (incumbent) Contractor (currently serving on Board of Construction Appeals) (also applying for HPB and SPRAB) Attorney (also applying for Board of Adjustment and SPRAB) Planner (currently on Board of Construction Appeals) (also applying for SPRAB) Banking (currently on Board of Construction Appeals) Frmancing (also applying for HPB) Sales Manager (also applying for Board of Adjustment) Property Manager (also applying for Board of Construction Appeals) Attorney (also applying for Board of Adjustment and SPILAB) Pearl Bunny Markfield Eh:od ]Tileen Marks Jill/an Morris Christina Morrison Ralph Morse Jeremy Office Michelle Reich Jerome Sanzone Christel Silver Thomas Stanley Ronald Sullivan Andrew Youngross Realtor (also applying for Board of Adjustment, Board of Construction Appeals, HPB and SPRAB) Banking (currently on Nuisance Abatement Board) (also apply/ng for SPRAB) Architect (incumbent) Realtor (also applying for SPRAB) Vessel Examiner lYmancial Advisor (also applying for Board of Construction Appeals) Interior Designer (also applying for HPB and SP1LAB) Building Official (also applying for SPILAB) Realtor Attorney (also applying for SPRAB) Sr. Zoning Planner Engineer (currendy serving on Code Enforcement Board) (also applying for SPRAB) JUL-15-2004 08:1~ FROM:CU~RIE SOWARDS A~JIL 5~1-24~-~1~4 T0:24~.~77~ DE[RAY BEACH 'III1.' 1993 20Ol CiTY OF DELRAY BEACH BOARD MEMBER APPLICATION - State 7_J9 Code 3. ~ Re~dence: ~ ) State ~p Code 5~ H~ Ph~e: Bu~s P~ ~ Add.s: ~ Pho~: F~: l h~ c~ ~t ~ ~e above s~t~n~ ~ ~ ~d I ~ and ~d~d submitted, it will bc the appli~mt's responsibility to ensure t. hat a cuxxtaxt ap~ F~.tlti~l~_ JUL I § 200t~ CITY CLERK i JOSI~ N. AGUILA, A.I.A., NCARB AR 0015349 Home 800 SW First Court Boynton Beach, Florida 33426 (561) 737-8894 O~'ice 134 NE 1st Avenue Delray Beach, Florida 33444 (561) 276-4951 QUAUFICA TIONS EDUCATION CERTIFICATIONS MEMBERSHIPS WORK EXPERIENCE PAST BOARD MEMBERSHIP Registered architect with over twenty years of architectural and construction related experience ranging from residential to large scale commercial and governmental projects, with proven abilities in production, project management and construction administration in beth public and private sector. Bachelor of Architecture Florida A&M University, 1988 Bachelor of Science in Architectural Studies Florida A&M University, 1981 Florida Registered Architect Member American Institute of Architects National Council of Architectural Registration Boards June '99 - Present, Project Manager/Architect, Robert G. Currie Partnership, Inc. March '98 - June '99, Senior ConstrUction Manager, O'Connor & Taylor, Inc., General Contractors. September '93 - March '98, Construction Manager/Architect, City of Delray Beach. March '83 - SePtember '93 Currie Schneider Associates AIA, PA. Delray Beach, Florida. Associate, Project Manager. BoYnton Beach Building BOard of AdjuStment and Appeals Boynton Beach Planning and Zoning Board Boynton Beach Downtown Review Board Boynton Beach City Commissioner/Vice Mayor Boynton Beach Community RedevelOpment Agency Palm Beach County Municipal League Treasure Coast Regional Planning Council Boynton Beach Planning and Development Board DELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: 1. Last Name: Home Address: /5}.:5'-:5' Legal Residence: Principal Business Address: , fi. Home Phone: Name pn /zll :City State State Business Phone: Zip Code Zip Code City State Zip Code E-Mail Address: Cell Phone: / Fax: 6. Are you a registered voter? If so, where are you registered? 7. ~at Bo~d(s) are you ~terested ~ seining? Please hs[ in order of preference: 8. List a~ Ci~ Boards on which you ~e currently se~ing or have previously s~ed: ~lease include dates) 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certify that all the above st~ements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. Note: This application will remain on file in the City Clerk's (5[~fi~ce~o~a-period of 2 years from the date it was submitted. It will be the apphcant's responsibility to ens~nal a~ct~ll~t application is on file. S~CITYCLERK~ItO ARDXAPPLICATIO N CITY GLEFIK 1955 N.W. Tenth SWeet Ddray Beanh, Florida 33445 May 14, 2O04 M~ Karen Schell Executive Assistam City ofDelray Be~ch I00 N.W. 1'* Avenue l~lray Beach Florida Dear Ms Schell: I strongly believe in partic'~afion in thc coramonity: P~qmps my previ°us experieane can be useful on one of Adviso~ Boards in The City ofDelray Beack PLANNII~G BOARD: YOrt~ a m~mber 6rtho Plfinnlng Board h~ t99:L I'ser~d(ufit~l~ ~0~. Wh~ ii~t~ l~slyn t~'liv~ in ]~Y. ' The:B0~d is guideat by the Mist~Plan~inpi-o~g~qilll~[~l~ wateffr6~,~lfigt~fi¢ ~ and ~s : amhiteetural heritage, which include seven Pr¢-Rev61Utio~ structures and on~-bendred,ten pre-Civil War buildings in its four Iq~toric Districts. LABOR RELATIONS: I servedas one of, four Shop Steward,,at ! ~'repre ~,~'~'N0. 3 lnte~at!onal Broth~dof Electrical Workers, AFL4210; In an agreement, wi~h~iilfillPS. M~,ical Systems 0fNor~ Am~ Tlie Union represents one-hundred-six X-Ray Service Engin~rs. Between'lg83 and 1995 1 parlld.Pa, t~t'in foUr.fUll e4~t~Wa~ ~,egotigafions; from neggtiafion of POSitions tO str3teg~qt° counter Pr9~-~ and ~-mme~, ~ ~0~r ~i t ~ifh~vo :.e~,. '~:in :mg~/~t~: contraet'complianeo, the grievaneel~ix:~s;-~nd'm.~c0nfli~t~¢~.~e0n~mb, anb~:hnd~niimt. Bec 1'7 ~003 I~:13PM DRVID R. BERLE, P.R. ' 199.1 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLiCATiON [~002 ~ Code Are ]mu · ~.gi~c:zcd 7.' Whsi J~o~cl(*) ire 9~ ~.,cluca~x,s,J c hold: ptesem, or most recc=nt cm~:doycr,.nnd pod6oi-~ .~ ThJsf DEC 1 7 2003 CITY CLERK DAVID A. BEAI E, P.A. sss t.q'g ~' ~ TELEPHONH {561) ~A~$IMILH (~1) ~341~ CflLLPHONE (i561 ) 213-2040 7,50 THIRD AVIiNUIi - 29TH FLOOR TELIiPHONIi (212) 940-0203 OR (212) 682-2288 FACSIMILE (212) 682.2474 DAVID A. BEALE David A. Beale is a graduate of Cornell University (B.S. 1971) and Fordham Law School (J.D. 1974, Law Review 1972-74). He is a member of the New York Bar (1975) and Florida Bar (1990). David Beale is a member of The Florida Bar Association, New York State Bar Association, and Association of the Bar of City of New York. He belongs to the Entertainment Arts and Sports Law Section of the Florida Bar, where he is on the Executive Council and Chairman of the Publishing Committee. He is also active in the Media Law Committee of the Florida Bar, and the Intellectual Property Law Section of the New York Bar Association. Mr. Beale has spent his entire career representing the needs of small businesses and their owners, the sizes of which range from start-ups to companies with $100 million in sales. His practice encompasses all types of corporate, partnership, employment and commercial agreements, including leases, property 'purchases, and financing agreements, as well as all types of litigation that relate thereto. He is able to work with clients who have sole proprietorships as well as partnerships and corporations, and to guide them through the intricacies of licenses, fictitious names, incorporation, corporate document requirements, employment agreements, shareholder, voting and buy-sell agreements, confidentiality and non-compete agreements, mergers and acquisitions and creditors rights. Mr. Beale can give guidance on vendor, service and software agreements, as well as negotiate and litigate disputes over same. On a personal level, Mr. Beale can advise and counsel on all types of matters, including wills, trusts, health surrogates, powers of attorney, living wills, and probate, real estate, rentals, name changes, bankruptcies, debtors and creditors rights and homeowner ~nd association rights. When a client's need arises, he works with the best attorneys in the fields of matrimonial, personal injury and estate planning. Real estate closings can take place in his suite, with title work done by associated counsel. Clients of the firm are found in the areas of banking, publishing, distribution, marketing, licensing, food, drugs, cosmetics, restaurants, real property, direct mail, fulfillment, accounting, non- profits, party planning, catering, equipment sales and financing, and employee management and training. He'has extensive experience in employment law issues, and spends a great amount of time counseling companies and their human resources professionals with questions concerning discrimination, harassment, disabilities, EEO, Family Medical Leave and Fair Labor Standards. If such issues cannot be resolved by counseling and negotiation, Mr. Beale has litigated all types of employment law issues. Mr. Beale is outside general counsel to a national and international distributor of magazines and books, employing over 1500 persons nationally. Mr. Beale has also represented national magazine and book publishers, and film and video producers, and has negotiated and drafted contracts for clients that cover every conceivable area of need, including copyright, trademark, rights acquisition, licensing, publishing, distribution, printing, mergers, and assets and stock purchase and sale agreements. He also has extensive litigation experience in state and federal courts all over the country in all ,relared areas, which include infringements of all types, libel, slander, invasion of rights of privacy and publicity, First Amendment issues, unfair competition, as well as enforcement of contract rights in these INT~II.I~CTIJAL PROPERTY AND MEDIA PRACTICE David A. Beale is experienced to handle a wide array of issues and problems in this practice area, including representation of magazine and book publishers, distributors, film and video producers. The areas of expertise covered by Mr. Beale's practice include the following: Trademark and Copyright Practice - This area encompasses everything from registrations, development, licensing, infringements and unfair trade practices. Experience includes litigation of all types, from the Trademark Office to federal court actions for infringement action, including the prosecution and defense of preliminary injunctions. Publishine - The firm has extensive experience in negotiating both magazine and book contracts covering the following areas: publishing rights, printing, distribution, licensing and fulfillment. Media - The firm can meet all need in this area, induding, libel, slander, rights of privacy and publicity and all other First Amendment issues. Television and Film - The firm has experience in development and production deals, as well as performance and location rights. Experience has included the clearance for production companies for copyright, trademark and location rights. Mr. Beale frequendy develops new approaches to issues and problems, advising clients and litigating on a national level, while remaining constantly aware of the dient's desire to remain cost efficient in today's economy. EMPLO~NT LAW PRACTICE David A. Beale believes the most effective way to handle employment law claims is through a preventive approach. This means that he will work with each client long before any claims arise. Ifa problem surfaces, litigation can be handled in a cost effective and professional manner. In today's business environment, companies are recognizing that it is essential for an experienced lawyer to draft and/or review employment policies, procedures and provide training to all supervisory personnel. After extensive consulting with the client's Director of Human Resources, or other responsible individuals, in order to determine the problems and issues specific to each client, Mr. Beale will ensure that the client is prepared to handle the wide array of employment law issues that may arise. These may include one or more of the following areas of employment law: *Hiring and evaluating employees *Supervisory training *Employment discrimination, and harassment Title VII, ADEA, ADA *Employee personnel files and right to privacy *Employee evaluation *Security issues *Job safety *Reduction in force; re-engineering *Compensation & work schedules *Employee Compensation & fringe benefits *Employment termination *Employment contracts & agreements *Drug testing *No smoking policies *Disciplinary programs and procedures *AIDS *Family Medical Leave Act His loss prevention and litigation skills are needed to serve your needs, and work with your Human Resources on a regular basis (daily, weekly, as required) to create a partnership. No employer should face today's employment law problems alone. David Beale will always be available to be your partner in problem solving. DAVID A. BEAI~E, P~. Law Of[ices 355 NE 5TM Awnue Suite 1 DELRA¥ BEACH, FLORIDA 33483 T~L~PHONE (561) 243-147~ FACS IMII~ (561)243-3166 EHAIL ~.edu March 11~ 2002 C~LL PHONE (5~1) 2132040 City of Delmy Beach 100 NW 1~ Avenue Delmy Beach, FL 33444 Dear Sir/Madam: Enclosed please find my Board Member Application for P&Z, CRA, and DDA, together with information about me and my law practice. I appreciate your consideration of my Application, and look forward to hearing from you. Very truly yours, ~~y..~:A. BEALE, P.A. DAB:dsl Enclosure RECEIVED MAR ! 3 200Z CITY CLERK 07/06/04 TEE 10:56 FAX 1 954 698 6010 CH2M HILL/DFD ~002 199~ 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please r )tint the folloxving inforrnadon: 1. Last NameAD Namt . . 2. Home Adctre¥: .ity State Zip Code 3. Legal Residence: City State Zip Code 4. Principal Business Address: City / State Zip Code 5. Home Phone: Business Phone: E-Mail Address: CeLl Phone: Fax: ~ 7 2-- ~Iq& qo-q¢~6-~/la ~,,~o ~55otec~.7oooeao/. 6. J~te you a re~stered votez? If so, where ate you registea:e4,33 '7. XYqqna t rd(s) ar._e, you intcre, sted in stirring? Pleas~ lis¢ Jn o~4.? o f preference: / 8. List ai.I CiBr Boards on which ]you are currently se~ug or have previously served: (Please in-dude dates) 9. Education~ qualifications: ~ ~ -- - -- . ' (J lq. List any related professio~ cer~dons ~d ~c~ses whi~you hold: 11. Give yo~ present, or most recur employer, and posifiom 1_. Describe ~/cnccs, s~s or ~owledge which ~i~ youtro s~n ~s bo~& ~lease attach a brief resme) <-- . .. . 9- - I he}eby c~i~ that ~1 the ab~s~teme~ts ~e ~e, and I ~ee =nd ~de~md dmt ~y ~sstatem~r of mat~al fac= con~in tlfis ~fluse foffFi~re ~on my pa. of any appm==t I may receive. 4otc: This application will remain on file in the City Clerk's Officelff~d~Dars from the date it was submitted. It will be the applicant's responsibility to ensure }.h~a~'aT-m'renr application is on file. JUL -6 2§0~ CITY CLERK 07/06/04 TUE 10:57 FAX 1 954 698 6010 CH2M HILL/DFB Diane E. Borchardt, AICP PROFESSIONAL EM]PLOYMENT May 2002 to l'resent iune 1995 to April 2002 I~RO3ECT MANAGEI~SENIOR PLANI~R, CH2M WEST PALM BEACH, FLORIDA. Re~'ponsx'biliile~ include: Project ~,~-ager for had development projects inctu&ing plmming, l~cape arc~e~e and en~cc~ scope of ~ces Reprcscn~ ch~ts and proj~ at a~ rcqu~ed pubic hearings ~ifiates btmh~s d~v~lopn~nt opp~6es ~d mark~ ~oW ~adar ~r the hn~ca~ ~Nt~ and plating staff ~ pe~ou f~ ~e devel~nt of a Wol-~oad Planning Proems ~d Spin.beet for ~e WP~ o~e SENIOR PLANNER, CITY OF BOCA RATON, DEVELOPMENT S~RVIC~S, BOCA RATON, FLOR.[I)A. l~esponsl'bilities inclttcle: Reviews, prepares, and processes land developmon! and 'land tat applications includh~g Devel6pn~cnt of l~.cgional Impact and mmexalion applications Presents findings aud recommendations to thc Comm,,mty Appe&tqm~e Board, Planning and Zoning Board, City Comxdl and the CommUm~y P. edevelopu~ent Agency Rcsc.~rches and drains code am~lxdments Prepares teclmical studies, repox~, resolutions and ordinances Heavy contact with thc public on a daily basis regarding zo,~i~g regulations, occupafion:zl licenses, and aclive land usc perillons Prepares new Cons~-,ration Element of the Compnxheansivc Plan for thc Evaluation & Appraisal Report i~clodlng goals, objoctives and policies, and data ~xd ~rmlysis Design, developlneut and implementation ofne~ Plann~n~ & Zoning Depamn~t colnputer II. citing system Acllng Planning & Zolling Director in the absence of the Plunnh~g & Zoning Director 07/06/04 TUE 10:57 FAX 1 954 698 6010 CH2M HILL/DFB ~001 lvla~c,h 1992 to Amc 1995 ENVIRONMENTAL PLANNIlqG O~'~ICEI~ CITY OF BOCA RATON, DEVELOPMENT SERVICES DEPARTMENT, BOCA RATON, FLORIDA. R~ponsibilitics included: Env/roxm~ental analysis ~ud approval of all commercial and ~ltff~y sites includMg rites desired for comeivadon ~d en~m~y se~ifive M~g~m~nt plan &ve}opment ~d ac6ui~s for aB p~ficly o~d env~ommn~lly semi, ye presses M~tor aB pilate preaChes LNi~n ~th ~W ~i~a~d bo~ ~d ~s and ~lmW and S~te agencies pe~ai~in.g to ~ko~tal Development mid pr~aMg of ~I m~ env~om~l leg~lafion April 1991 to Dec~nb~r 199l PILdtNNER VI, OI(IqCE OF RAPID TKA.NSIT, CITY ~ COUNTY OF HONOLULU, HAWA]/. ~.e~ponsible for tbe fi~mly pro~cfion of ~e F~ ~vko~mal ~a~ S~teme~t for ~e HonolMu ~pid Tx~it Proj<t, ~ed ~ el~ated ~ideway rah syste~ tbr ~e ~d of O~u. Ke~omibi~fi~ mcNde& Evahla{ion of all envkonmental impacts and der~cmlnar/on of mkigadve meagre effectiveness, aligumem placement and impact analysis · 'Land use analysis for l~sihle jo/at de¥¢lopment projecLq · Development of Memorandum of Agreement with the Department of the Navy for extensive toxic waste cleanup September 1989 to May 1991 PLAN3N~ER V, ENVIRONMENTAL AFFAIRS BR.~qCH. DEPARTMENT OF LAND UTILIZATION, CITY AND COI~YTY OF HONOLULU, HAWAII. Ke~ponst'bllities included: * Dcvdopmcm ofwetlanda legisladon for the ~sland of Oahu · Developme~nt of Oahu seawall invemoty process aud database Rev/cw and cvaltmfion of development/a the Special Management Area (SMA) and ShoreLine Setback Area · Hearings officer and staffplanner for SMA and Shorel/ne Setback Variance (SV) ptxbllc h~m~1295 Make prescnlations to comm~mlty and legislatiYe groups * Keview and evalaatien of Eavironmeatal Impact Statements for accurate and thorougli documeax~afion of Preparation of rccom~ncndafions for thc Department to City Council Taught environmental portion of a college course offered to the public Strpcrvi~d two otbcr planners in the dlv/sion September 1988 to July 1989 PRO$'ECT MANAGER, DIlM [NC., FIONOLULU, HA'tVAII. Responsibilities included: Det~nlnalioa and evaloatiott of project impacts relating to envirollmelxtal, so~-io-ecolIomic alld land u~e issues ihr a wide variety of projects (see attached list) Pro6uction of environmental assessmenr~ and ~nvironmental ingaact statemcmg Timely processing of all appropriate applicafi.or~ including zoning anxndmcnts, SMA d¢te'tminations, special design districts, development plan amendment~ lm~e 1984 to Decernbcr 1987 STODENT AND FELLOWSHIP COOR.1)I~ATOR, SCl[tOOL OF ltAWAIIAN, ASIAN AND PACIFIC STUDIES, UNIVERSITY OF tIAWAH. Responsibilitics include& Managelllont of 16 university-~ide fellowsh/p and scholarship programs Coordination of Asian Studies gradnatc student academic program including advcx~isel~ng recruitment, admissions, ~d'dsing, curric~hm'~ and international publicity campaign EDUCATION May 1985 August 1976 June 1974 PRO. g;ESSIONAL AFFII.IATIONS Masters - Urban and R~.ional pl~nnlng. University of Hawaii- Masters - Political Science. University of Hawaii-Marion Bachelor of Axts- Psychology. University o f lla,x'aii-Manoa · American Planners 3~sociation Amea'ican Institute of C~tified Planners * ~tm~afional Associ~on ofE&~-Wcst Ccnl~ ~, Hono~ Hawaii KE}0~F. RENCES lhtmished xrpon request. 03/2g/04 M0N 11:37 FAX 561 243 3774 CITY CLERE CITY OF DELRAY BLEACH BOARD Mr:MB.ER APPLICATION 1993 2001 p.2 ~0o2 Pl~se ~ ot pzint thc followlnE im'o,.,,,.,ion: ppUc~tion ~ l'cmmm on ~lc in thc City Clerk's Office for · l:~xiod oE2 ~ ~Eom thc date it ~ sub[z~tzed_ It ~ be t~c ~ppl;clz]('s ze~p,~e.~-~Uc~ ~o en~um dx.xt a ca~cm: ~ppllc~tlon/I on GIc. RECEIVED MAR 2 9 200~, CiTY CLERK RON BRITO, GENERAL CONTRACTOR 198 S.E. 27'h Avenue Boynton Beach, Florida (561) 441-1767 WORK HISTORY: 1965 - 1979 Fourteen years as' a .framing and finish carpenter in Riverside, San Bernardino and Laguna Beach, California. Production framing on several multi-family complexes, housing tracts, and high quality custom finish work. Seven years as Carpenter, two years as Leadman, five years as Foreman on new residential and commercial projects, as well as renovations and remodeling_ 1979 - 1983 LICENSED BUILDING CONTRACTOR/CALIFORNL4 Lic. B-388997 Spent five years subcontracling and running framing, siding, trussing, floor joisting, and stair installation on muhi-family complexes from large contractors. During this time, I contracted new single,family homes, additions, remodeling, commercial roofing, and commercial tenant improvements. 1983- 1985 Job Superintendent on custom housing in the Nashville, Tennessee area for one ),ear. Subcontracting framing, trussing, and siding jobs for the next two years. 1986 - 1989 LICENSED GENERAL CONTRACTOR/FLORIDA Lic. CGC-047869 gVorked at "The Township" as Punch-Out Foreman for one year. Worked for David Jones Construction at Gleneagles, Polo Club as Lead Carpenter and Foreman for one year on 32 eight-ple-x wood frame multi-family units. [~Vorked for Davis Brothers as Superintendent on Brighton Lakes in Boynton Beach, building 36 wood-frame duplexes. Constructed custom housing.from Manalapan to St. Andrews, Boca Raton. Received General Contractor's License in February 1989. 1989 - 1991 LICENSED GENERAL CONTRACTOR/U.S. VIRGIN ISLANDS Lic. 2-01392-92 Traveled to St. Croix after Hurricane Hugo .for 5 days to bring supplies and help restore power and water to units of condomh*iumx for a.fi'iend. Agreed to come back to reslore two houses. Restored fourteen residences, two commercial buildings and six rental units. Also completed work in St. Thomas and St. John on custom homes. Acquired General Contractor's License in the Virgin Islands in February 1990. Returned to Florida in July of 1991 and began new additions and remodeling projects. ~.fter Hurricane Andrew, I opened a field office in Miami./'or restoration work My Miami office completed 16 residential restorations and about 32 roofing projects. Har 29 04 04:03p Enterprise Contractors (5G1)279-0335 RON BRITO, GENERAL CONTRACTOR Page 2 1992 - 1993 Was asked to take over operations of Falkav Construction as General Mgr. and to qualf]f the company. Falkav Construction was, at that time, under contract with the City of Delray Beach .for the new Tennis Center (2.5 million-dollar contracO anti was engaged in school projects Jbr districts .from Lake Worth to Miami-Dade County. Although, after a thorough research, I decided not to qualify Falkav, I brought the Delray Tennis Center to substantial completion in time.for the Virginia Slim Tournament, and all of the school jobs were in line. 1994 - present Owner and President. Enterprise Contractors, Inc. Enterprise has completed many local residential and commercial projects since il's inception, including new cortstruction~ additions, remodeling and historical renovations (such as the Sandoway House Nature Center in Delray Beach). In August 1995, I was appointed to the Construction Board of Appeals in Delray Beach, and I was the Board's DirectorJbr a 2 year term. I'm still serving on the Board for 2003 to 2005 PERSONAL HISTOR Y: I am 57 years old, married, and have four children. I have two years of college, majoring in Business Management. I am an active member of my church (SDA). where I have been a Deacon.for ] 4 years and am currently a Sabbath school teacher for young adults. I also sit on the Church's Building Committee_ I own a home in Boynton Beach, where my fbmily has lived for 19 years, and I am a member of the Architectural Review Board for the Vernon Heights Property Owners' Association. I am also a 18-year member of A_A. and am active on several committees. Tennis, surfing and jogging are my favorite pastimes. DELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: 1. Last Name:c d~X.7~O 2. Home Address: 3. Legal Residence: 4. Prindpal Business Address: City :~ e-/,e,~_ City City State State State Zip Code Zip Code Zip Code 5. Home Phone: I Business Phone: I 6. Are you a registered voter? E-Mail Address: [ Cell Phone: Fax: If so, where are you registered? 7. What Board(s) are you interested in serving? Please list in order of preference: ~'~ p/~/ ,~ev-t'e~ ~.~ ,o.s,.r~e~4~c/e, ~d0 o~' List all City Boards on which you are currently serving or have previously served: (Please include dates) 9. Educational qualifications: .- 10. List any related professional certifications and licenses which you hold: 11, Give your present, or most recent employer, and position: 12. Describe experiences, s~s or ~owled~ w~ch ~ you to se~e on ~s bo~d: ~lease at.ch a brief res~e) I hereby c~fi~ ~at aU ~e above smtemen~ ~e ~e, and I a~ee ~d ~nders~nd ~at any ~s~tement of matefiM fic~ con~ed M ~ app~ca~on may cause forfei~e upon my p~t of ~y appoM~ent I ~y receive. ~iGN~ DA~ RECEIVED Note: ~s ~Dp~c~don ~ tem~ on ~e ~ ~e Ci~ Clerk's Office [o~ ~ pc~oa o[ 2 y~s ~om ~ &tek was subdued. It ~ be ~e app~cant's responsi~ok~at a cment app~cafion is on ~e. CITY CLERK Sara Coi n 1203 NE 9~ Ave. Delray Beach, FL 33483 (561) 278-8013 saracoen(~,hotmail.com Objectives and Strengths l,am an attorney with a Master's in Trade and Banking, and European Law, corrently completing an LL.M on Taxation. I till be sitting for the Florida Bar on July '04. I am a Certified Country Court Mediator fluent in five lan~mlages. My interests include urban zoning and planning, real estate and property law. I have experience in mediation and arbitration, commercial law, conflict mitigation, judicial reform, and immigration. I have also worked with the World Bank and the United Nations Group. My strengths include: o Fluent in EnElish, Spanish, French, Italian and Portuguese (written and spoken). · Excellent writing skills, good communicator and careful listener. · Comfortable worldng with diverse multicultural perspectivos, and pres~ting altexnatives for conflict resolution. · Doctoral Degree in Common Law and Civil Code System with professional experience in the U.S., Europ~, Latin America and Brazil. Education St. Thomas University, Miami, Florida. M~ter at L~ (LL.M) in T~tion, Candidate (May '05). St. Thomas University, Miara~ Florida. Ju~s Doctor Degree. The American University, Washington DC. Master at/~v (LL.M) in Inter~tio~l Trade and Ban/~ng. Universit~ de la Sorbonne. Paris, France. Studies of Ma~ter in Commercial L~ and Eurapean Community. International Court of Justice. ThoHague, The Netherlands. Private Inte~o~l L~ Certifientian. Unive~si. ~d~a~ Iberoamericana. Santo Domingo, Dominican Republic. ~s Doctor Summ~ Cum l~ude. Universit~ Paris X N~mterre. Namerre, France. Bachelor ~n Arts in ~usine~s Administra~an of TouHsm F~ter£~ses. Legal Experience DISTRICT COURT OF APPEAL. West Palm Bcacl~ Florida (Aug. '04). ~ Clerk for Judge Barry Stone. THE FLORIDA BAR. Cypress Cre~k, Florida. (6/01 - 10/02). .txne Clerk Unlicensed Practice of Law Division. 2onducted lag, al research, wrote raemoranda and affidavits. Practical litigation experience draffin~ subpoenas, preparing pl~ings and interrogatories, participated in d~positions and interviews. INTER-AMERICAN DEVELOPMENT BANK. WORLD BANK GROUP. Washington DC. (6/93 - 5/96). Legal & Summer Intern at Budget and Evaluation Office. Project Consultant at Project Analysis Department. Wrote internal publications rogarding ex-post evaluations of judicial and social reform, and g~nder issue proj~s in Latin America. Worked with judicial reform projcets, alternate dispute resolution, conflict mitigation and trade barriers. .ORGANIZATION OF AMERICAN STATES.-Washington DC. (10/92 - 5/93). Legal Intern. Legal Department. Performed research in the Library of Congress and wrote comparative analysis for the harmonization of regional logislation in intellectual property.: SETERIE LUIGI BULGHERONI. Lake Como, Italy. (7/90 ~ 12/92). Legal Consultant. 521k manufacturing corP°ratior~ Prepared and negotiated licensing agr~-amts. Worked with copyright registration. Other Professional Experience YUPI INTERN~r INC. (Cun~atlyYUPiMS~. Miami Beach, Flod& (6/97 - 6/00). Content Editor and Business Developer. Foul~ding team member of compan~y'Purohased by The Microsoft Network in 2002. Responsible for content. DraRed and negotiated strategic alliances. Prepati~dpresentation for invostors. CARDS FOR WOMEN. Washi~gt0n'~;_and Delray Beach, F!grida~ (6/95 - 12/99). Founder and Marketing DirectoK Spe~q,allzed in reproduction of artwork. ~,,...,1~ company on the list of toP; 1~0 US Hi~anie BuSiness. Client list included Walt Disney, Coca-Cola, Exxon and ~itibank. Participated in White HoUSe preseixtatioti for Hi~ Clinton. CONSULATE OF THE DOMINICAN REPuBLIC. Paris, France. (1/88 - 5/90)~ Assistant to the General Consul. Handled commercial receipts and visa documentation. Served ns liaison and translator for investors and diplomats. · tO ~43~774 CiTY OF. DELls, AY BEACH BOARD MEMBER AFFUCATION MAR ~ ~ 20~}~ CITY CLERK REGINALD A. COX 407 East Coral Trace Circle Detray Beach FL 33445 (561-266-5748) Objective: To obtain a position in a construction or related organization focusing on arcldtectural, construction, business or related management or instruction. The environment should encourage professional development and offer career advancement opportunities. HIGHLIGHTS OF QUALIFICATIONS · 12 years diversified experience in Amhitecture, Civil Engineering, Cons~rocfon Management, and Surveying/Mapping. (6 years architectural specific.) · Ability to prioritize, delegate, and motivate. · Quick learner, thrive in a dynamic, challenging environment. · Work cooperatively with a wide range of clients. RELEVANT EXPERIENCE & ACCOMPLISHMENTS Construction Documentation · Associate Degree Drafting and Design Technology, palm Beach Community College, 1990 · Recognize and understand drawings/symbols from architectural and engineering drawings. · Oversaw, updated, and maintained uivll engineering systems drawings for the City of Delray Beach Environmental Services Department for four years. · Successfully completed architectural construction documents for educational, office, residential, commercial, and retrofit projects over the last nine years. · Analyzed and interpreted legal descriptions to produce digital surveys, maps, and resource p!annlng boundaries. Conservation and Recreation ! Ands Program (CARL), Florida Dept. of Env. Protection Production Team member for several commercial, office, and educational facilities in Central Florida. Performed construction documentation review for compliance with municipal, state, and national building codes. Perform structural building inspections for residential and Commercial facilities. Perform shop drawing review for multiple educational, mercantile, and business facilities. Administration/Management · Responsible for training and overseeing drafting technicians in the production of working drawings for multiple commercial projects. Sverdrup CRSS, 1998-2000 · Successfully managed various arghitecffiral projects, with budgets over $1,000,000 from preliminary design through construction documentation. Responsible for reducing construction document phase by 50% on 45,000 SF memantile projects. · Monitored and reported cost information to area engineers and architects for cost control data and collected information for specific discipline. Bechtel, 1992 · Administered subcontract procedores, as applied to lower-tier subcontractors, Bechtel 1993 · Produced spreadsheets as required for submittal, inspections, and hoisting and rigging as pertaining to subcontracts under the U.S. Depamnent of Energy prime contract. Bechtel 1993 · Oversaw and directed FAMU-NOMA administrative functions for three years. (1993-1996 · Developed division of reapousx3ilifies and standing committees · Developed and supervised organizational budget. · Organized key personuel towards establishing a Florida chapter of the National Organization of Minority Architects (NOMA). 0V~y 1999) Computer Slcllln · Responsible for updating computer hardware and software, working as office liaison for computer problems. Office of Environmental Services, State of Florida · Over eight years diversified experience using AutoCad (Release 9-14) · Completed course in Advanced PC Troubleshooting: (June 1996 Essential Se. minar8) · Competent user of a variety of software which include MicroStation, Microsoft Word, Excel, OuflooL CorelDraw, WordPerfect 7.0, ArcView, Novell GroupWise, AS400, and Auto Architect. Page two REGINALD A. COX WORK HI~TORY Nov'01 - Project Coordinator Oct '00 - Nov'01 Plans Examiner H Aug '98- Oct '00 Project Architect Nov '97- Aug '98 Project Architect May '97-Nov'97 Intern Architect Sep '96-Feb '97 Architectural Drafting Dec '95-May '97 Engineering Technician Aug '93-Dec '95 AutoCad Operator May '93-Aug '93 Subcontract Techaieal Rep. Jan '92-Aug '92 Field Technician Jun '86-Dec '91 Draftsperson Fannlng/Howey Associates, West Palm Beach City of Delray Beach, Delray, FL Sverdmp CRSS, Orlando (Jacobs Eng. Group) Stottler Stagg & Associates, Orlando Hunton Brady Pryor Maso Architects, P.A., Orlando Goodwin-Goodwin and Associates, Tallahassee State of Florida~Office of Eavironmental Services State of Horida-Bureau of Survey and Mapp'mg Bechtel Constmcfion-Aiken, SC (SRS) Bechtel Construction-Aiken, SC (SRS) City of Delray Beach-Environmental Services Delta EDUCATION Master of B.~incss Adminlntrafion, - ~ITY OF PHOENIX, 2001 Bachelor of Architecture - FLORIDA A&M UNIVERSITY, 1997 Bachelor of Science, Architectural Studies - FLORIDA A&M UNIVERSITY, 1995 Associate of Science, Drafting/Design Technology- PALM BEACH COMMUNITY COl J FGE, 1990 Associate of Arts, Education- PALM BEACH COMMUNi'r ¥ COIJ .gGE, 1991 Dr. Richard Dozier, NOMA, AIA - Professor of Architecture, Florida A&M University Roy F. Knight, AIA - Past President Florida Association of the American Institute of ArcMtects Roland Udenze, AIA- Past President Orlando AIA Dr. Greg Brock, Environmental Admlni~trator, Division of State Lands FDEP DEUIAY BEACH CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 please type or print the following information: 1. Las~iqame': 'DEUTCH Name UgSL~/ M.t C 2. Home Address: ~ ~i~ a'~¢e, ~0~. ~0H lCi~oelrov ~each State ~p~de 3. ~ Residence: Ciw State ~p ~de 4. PfindpM Business Address: CiW State Zip C~e 5. Home Phone: BusMess Phone: E-M~ Address: CeU Phone: F=: --- 6. ~eyouare~steredvoter? ~Cg Ifso, where~eyoure~stered? ~al~ ~¢~C~ 7. ~at Board(s) ~e you ~terest~ ~ se~g? Ple~e ~st ~ order of pre&fence: 8. ~t ~ Ci~ Boards on wMch you ~e ~endy se~g or have pr~ously se~ed: ~lease include dates) ~c~h6c~on S,c[001~ ~S, Publ;c Oot;c~ 10. ~st any rdated professi°nM ceMficafions ~d ~censes wM~ you hold: 11. Give your present, or most recent employer, ~d po~fiom 2. Describe experi~c~, s~s or ~owled~ w~ch ~ you to se~e on ~ bo~d: ~l~e a~ a brief res~e) hereby ce~ &at ~ &e above sm~ments are ~e, ~d I ~ee ~d ~dersmd &at ~y ~ssmtement of mat~ fa~ con~ ~ ~s app~cafion may ~e foffd~re Upon my p~ of ~y app0in~ent I may recdve. slGNA~ [ Note: This application will remain on fil.e, in the City Clerk's Office for a peri~ ~,,.~rl~r~e date it was submitted. It will be the applicant s responsibility to ensure that a curt~efi~pyhY~tfiohh %'~f[ file. Jut --- O. ITY CLERK EMPLOYMENT EDUCA~ON LESLEY C. DEUTCH 122 Via d'Este, #504, Delray Beach, FL 33445 Tel: (561) 252-0175 E-mail: ldautch~bellsouth.net DB Real Estate/RREEF Investment Manage_rs Consultant · Continue relationship with DB Real ~EF Investment Managers dcscn'bed below. DB Real Estate/Rl~EF Investment Managers (September 2002 to Jane 2003) Vice President, Research Spearheaded the recent integration of DB Real Estate and RREEF real estate research. · Analyze market and submarket conditions for existing RREEF industrial and office properties on the East Coast. Forecaste rents, supply and demand for valuation purposes · Provide market analysis for RREEF acquisinns on the East Coast · Provide real estate research to the DB Real Estate Mezaunine Fund Deutsche Bank, AG (May 1998 to September 2002) Vice President, Global Real Estate Research Covered and analyzed regional and real estate conditions across the United States. Wrote detailed internal and published reports for clients and bankers covering eve~ major metropolitan area in the US and every proper~ sector. Advise real esate, asset management, credit and private client divisions of the bank, · Primary author of 20 published reports, distributed to thousands of clients and investment banks across the globe (see addendum) · Discussed real estate conditions with clients on a regular basis · Opening speaker for 2000 Deutsche Bank REIT conference in Amsterdam, Holland · Guest speaker at 2002 ULI conference in Kansas City · Guest lecturer in the NYU Real Estate Institute graduate school · Quoted in Financial Times article concerning the outlook for NYC Lehman Brothers, Inc. (August 1996 to May 1998) Financial.4nalyst, Public Finance Group Structured and executed tax-exempt and taxable financings for a wide variety of municipal clients, including Axiz~na Department of Tranaportafion~ New York State Thruway Authority, Rural Utilities Cooperative, and Broward County School Board. · Created a model for refinancing of exisiting debt for over twenty members of a large established rural electric cooperative to provide interest rate savings and create additional debt capacity · Participated in various oral presentation to municipal issuers · Introduced derivitive products such as CPI bonds, debt service reserve fund s~ructures, and other finanicial mechanisms to various Florida issuers to manage asset and liability portfolios University of Pennsylvania Dual Degree Program Thc Wha~on School, Bacbelor of Science in Economics, Cum Laurie, May 1996 The College of A~ and Sciences, Bachelor of.eats in Economics, Cum Laude, May 1996 Canmlative GPA: 3.4/4.0 Awards: College Newspaper Business and Advertising Managers (CNBA~ 1995 - First place award: Res! Business Training Program among college newspapers; Public Policy Career Development Award 1995 - One of three recipients to receive a $1,500 grant from the Wharton School to gain summer experience working in the public sector. Pine Crest Preparatory School High School Graduate, 1996 July 29, 2003 Karen Shell City Clerk's Department 100 NW l=t Avenue Delray Beach, FL 33~.,~~. Dear Karen: Thank you for speaking with me this morning about becoming a member Of an advisory board. I am very excited about the prospect of pa~cipating in local government After growing up in South Florida, I moved away for college and subsequently spent 7 years in New York City. I have now moved to Delray Beach, and plan to reside in Flodda permanently. As my resume reflects, I have extensive corporate experience in public policy and real estate, and would like the oppodunity to participate in the public sector. Although I was initially interested in the Planning and Zoning Board, I would like to be involved as ,soon as possible. Please call me with any openings in real estate-related advisory boards, and of course I would like to meet the commissioner responsible for appointing the new members. Thank you again for your advice, and I leek forward to becoming a member of local government! Best Regards, Lesley Deutch RECEIVED JUL 2003 CITY CLERK Uar-Ol-04 lO:5?am From-WASHINGTO$1 MUTUAL +5616898506 T-4?O CITY OF DELRAY BEACH BOARD M-BIdB.ER APPLICATION P. OZ/OZ F-TS6 rabc~M~A. It ~ be the ~pp]ic~.~'i ~'~:~m~-h~y ~ ~ r~at ~ c~.~t spplic~:~io=L ii oo filc. RECEIVED MAR ~'-i 200~, CiTY CLERK 767 Northwest 37th Avenue Delrdy Beach, Florida 33445 (407) 499-4578 SUMMARy OF OUALIFICATION$ Positive 'can do" attitude Organl-ed and innovative ~Hent ~te~e~nal relations Effec~e ~n ~mmv~fion sHlls Adap~ble ~d fl~le WORK EXPERIENCE At, ITRUST BANK, LOAN OFFICER, .BOCA RATON CALIFORNIA FEDERAL SAVINGS & LOAN mBranch Manager. Pompano Beach (1987 to present) 12/1/92 to presen~ 4/85to:)~/~l~x 11/92 · Management respons~ilities include opera~ing budget and staff, ensuring complete customer satisfactlon while controllb~g expenses · Create customer awareness by developing and hnplementing marketing programs and sol/citing outs/de business · Branch condstently achieves OVer 100% of production goals · Provide hiEh customer service levels emphasi~ng problem resolution and staff development · Increased deposit base from $12 mill~on to $$I million · Received several "Branch Manager of the Month" awards eAsslstant Branch Manager. Boca East (1986 to 1987) · Assisted in all operational areas of branch management IFloater - Broward and Palm Beach Counties (1985 to 1986) · Involved in teller and savings functions for branches within Broward and Palm Beach County FIRST BANKERS. Margate, FL ~aHcad Teller · Controlled daily operations · Supervised staff of $ Cond. ucted staff and i~-~ining meetings Provided customer service · Minimized losses 12/83 to 4/85 UNIVERSITY OF TOI ~gDO - Toledo, Ohio Bachelor of Business, 1982 1993 2001 GIN :OF 'DELRAY BEACH BOARD MEMBER APPLICATION Please type o~. print the following information: 2. Home Address: - City Zip code--- 3. Legal Residence:. City State Zip Code 4: Principal'Business Address: City State Zip Code 5. Homk Phone: Businsss Phone: E-MailAddress: Cell Phone: .Fax: 6. Are you a r~e~i.'~s~red voter? If so where are you registere&> 7. What Board(s) are y_ou interes.ted in serving? Please list in ord¢~ of p~efemnce: IL List all City Boards on ~hicb you are currently serving or ha~,e previottsly se~ed: (Please ind~e ~t~) 9. Educational qualificationS: t0: List any retated professional certifications and licenses which yon hotd: tl; Cri~re yot~r present, or== employer;and posifiom 12. Desrm~oe experiences, skills or knowledge Woich qualif7 you to serve on this board: (Please attach a bdef resume) I hereby certify that all the above statements are true, and I agree and un&stand that any misstatement of material facts contained in this applicatyn may cause forfeiture upon my part of any appointment I may receive. Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date itwas submitted. It will be the applicant's responsibility to ensmre that a current apl~qagigltll I-' k.t ~J~qt} ~. ,,. ucxno,: AUG 1 6 2003 CITY CLERK ~ ~ CITY OF DELRAY BEACH t111! BOARD M'E'MBER APPLIcATioN 1993 2001 information: Zip Code 3. Legal Residence: Ci~ State Zip CO~c 4. Plincipal Business Address: City State Zip Code $. Home phone: Business Phone: E-Mail Add~ess: ~ Cell PhOne: Fax: 6. Are you a registered voter? ~f/~_~ If~o, wher~stered? t?:' Whai Bo=fl(s)a~e you interested in serving? Please list in onter of preference: 8. List all Ciq- Boards on ,,Filch you ~re cuvrendy ;er~.".g o, have prevlousty ;erred: (Please include dates) 9. F_.ducatiOna~ !~ualifi~adons: 10. List any xehted profesSional certifications and licenses which you hold: , 1. Give your pres~ent, or most recent employe~, and po~oom ~ . ~ 12. Descdbc ex~4ences, ,L';"~ o~ ~owled~ Which ~ you to serve on this board: 0~le~Se ~"h a b~icf ~sume) ! he.by cerdfy fl~t all thc above statements sxe uue, and ~ ag~e.~nd urals.?~1 that any misSUU~,,t ofmatedal facts MON 15:26 ~,~(~ ~61 2~3 377g CITY OF DELRAY BEACH BOARD MEMBER APPLICATION foBo~in '$. Last ~¢: n - N~me - I ~L L Kindaide Johnny 1 7604 Linton Lake Dr. Beach F1 33445 698 Audubon Blvd. ~elray Beach F'i 33444 4, ~p~l Bu~ Add~css: ~ Smtc ~p Cod~ 28 W. P~a~Ier St., ~ l~h Floor a~am~ P~ 33130 ~. Home Ph~e: Bu~ Phone: 561-243-290~ 30S-37;-966.1 jk~ncaide~ lkffrm.com 56;.-324-~ 197 305-374-40D8 6. ~rc )~U a zc~t~e( vor~? ~ so, ~'h~c ~c you ~t~cd? Yes Delrav Beach. Tro~lc P~lms P~c~ Site g!~ an~ Review; Board of Adjustment; Pi~Dnin~ amd ZQDin~ CQmmlt 8. ~s, ~ ~- Bo~ds on w~ch you ~e ~dy ~/~ 9. ~ucado~.qu~ficafions , ... B.~..-Political Science; ;uiis D0cLora~e 11. Give yo~ p~es=ng o~ most r~t ~plo~, Locke' $ Klncaide, LLP - Partner See attached resume ~ r n pc~od of 2 yc:~s from fl~c date it was subrn~txcd. It wU be the ~ppl~cant'~ x~po~dh~liey to ex~c ~re cunt~t ~pplicadon is on ~ilc, RECEIVED ~o~~ MAR I ~ 200~ CITY CLERK JOHNNY KINCAIDE 28 W. Flagler Street. I Io' Floor, Miami, Florida 33130 PHONE: (305) 371-9661 - FAX: (305) 374-4058 E-MAIL: iki~lc aide(a3Jlcfir m. co m IaROIi~SSIONAI. EXPERIENCE 2003 to Present LOCKE & KINCAIDE. LLP Miami. Florida l'artner Sl:,ecial.{ziog iu e~nplo3m~et~t law. contract dispntea and general cocporate/acla~illistrativ¢ latv. 1998 to 2003 A. KER~LMq, SENTERFITr & Ell)SON, Miami. Florida A~$ociate Cx~rForate Departt~nt Negotia~ ~td sn~m~d me~gers ~xd acqu~itions of b~in~s ~ttifies; adv~ cfien~ on general co.orate law, emplo~nent ma~rs, ~pli~ble re~lato~ ~d a~five guide~; dta~ g~eral corporate do~mnen~, a~sifiou a~men~ and ro~t~ d~umen~; drafted ~nmle~ial Fall 1997 FT. LA. UDERDAL]~ OIzFICSll OF THE CITY PROSECUTOR FL Lauderdale. Florida La~ Cleric Researched appellate, evidealtiaDr aM c. ongtitutional issttas; drafl~d legal memofanda, assisted City Pfosecutor in trial ptz:pacation8_ Summer 1997 FOUR'rFL DISTRICT COURT OF APPEAL West Palm. Beach, Flodda .¥wmner Intern.for Judge ~ Matthew ~tevenaon Reviewed appellate briefs; :~eseafched and dra fm~d legal me,not.fido, drafted legal opinion. EDUCATION University of IM~ian!d. School of Law. Coral Gal}les, Florida J.D., bzfay 1998 1998 Outstandiag Yotmg Men of America 1998 Litigation SkiLls Honot's Award Florida 1wth~ocity Participatio~ h~ Legal Education Scholar University of Miami Scholar Phi Delta Phi Legal Honor Fraternity Pce.sidont, Cluistian Legal Society Florida Atlantic University, Boca Rotor, Florida B.A. in Political Science, luue 1995 Pi Sigma Alpha. Nmional Political Science Honorary BAR ADMISSION Florida Bar, October 1998 CLIENTS REPRESENTED The ILickenbacker Collections Oroup, Aut~Nation, Inc., Rq>ublic Sec'vices, Inc., Kellatrom Industrioa, Medical Manager Corporation PROFESSIONAL ASSOCIATIONS American Bar Associatioa, Natiotml Bar Association D~LRAY BEACH 993 001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 2. ~ome~d~s: ~ Su~ ~p ~de 5. Home P~ne: Bu~ess Phone ~ ~:__/~ ~ phone: ~, ~t B?ud~ ~ ~u ~,,,cd ~ please ~ ~ ~ of p~f~c 8. ~st ~ 0~' Bouds on ~'~ch )~u ue ~, ~ ot have p~ou~ ~: ~e ~d~e ~tes) , "~0. Ust ~)' z~cd pmfcs~o~ cg~om ~d Uc~cs ~ you ~ L ~c you~,p~csc~ o~ most ~c~ ~plo~, ~a~do~ 0 , JUL 2 ~ 2003 rcfl'~.m on ~lc L~ Cbc l~iod of 2 yeats from the date k was submitted. It ~ be thc s cu~,g~t ~pp]ic~fio~ is on RESUMF. FOR PEARL BUNNY MARKFIF. LD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER (14 Yrs) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (multimillion dollar producer) PRESIDENT: MERRITT PARK HOME OWNER'S ASSOCIATION (4 yrs) BOARD MEtvIBER PROGRESSIVE RESIDENTS OF DELRAY (2 YEARS) MEMBER SW/NW REDEVELOPMENT TASK FORCE (FROM INCEPTION) PRESIDENT BEALrrIFICATION COMMrITE. E FOR THE N-W/SW REDEVELOPMENT TASK FORCE) MEMBER DELRAY LOOP a. CO-MANAGED TROLLEYS FOR OPENING DAY EVENT b. WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING OF LOOP-PICKING UP GARBAGE IN SW/NW SECTIONS c. WORKED AT DELRakY FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIRIJrlNG ANNOUNCEMENTS OF THE FOLLOW lNG WEEKS OPENING CEREMONIES MEMBER FUND RAISING COMMITIEE FOR THE MILAGRO CENTER. 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Pit, sc infonn~tion: '~ Home Ad&ess: 3. ~ Reft&ncc: ~ / ~ S~ ~ C~c 4~ P~ Bu~ss Ad'ess: ~ Sm~ ~ip C~e :5. HO~c Phone: '- Bus~eSS Phone: ~M~ Ad&ess: C~ Phone: F~: 6. ~re you~ re~stcrcd~' vote? ~lA~ I/~o,~e ~e you~re~stct~Z L~. ~t Bo~dO) ~ you ~t~est~ s~P~ge ~st ~ Ofp~f~c~ 0 lO. ~st ~Y rchted professio~ C~fi~fion~ ~d ~ccnses ~ you hold: 1~ ~be ~c~, s~ or ~owl~ ~ ~u,!;~ you ~ s~e ~ ~ ~ ~l~e ~m~ a ~cf ~s~c) SIGNA~ DA~ ; / Not,'! This ,?li¢.fion.will r~!?~ on me re;thc C.i~:~'S Qflii~e f~~{~;~ [~l~ f~om the chtc i, ..s NOV - 7 ?nn7 CITY CLERK OT/OI/04 ~ 11:~$ FAX ~$1 243 1993 ZOO1 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION [~OOZ 3. L~dKe~klen~: I Ci~ Su~ 7Ap Cod~ 4. P~dp~ B~e~s Ad'ss: O~ ' S~ ZiP Code 6- ~e ~u ~ re~cd yom? ~ ~ so, ~ ~ you ~rered? I~. ~ ~y r~ prof~o~ ~fi~o~ ~ ~ ~ you Nora: I ~ app~ic~dou ~n~ rem~n on file ha dx¢ CRy Ck~ ensure ~ ~hc~6on ~ on f~e. s~bmittea:L It will be CiTY CLERK 07/Ol/Oi 'rHu 11:o6 F.t.I 561 ~43 3,774 CITY CLERK ELIOPOULO$ & ASSOCIATES. lNC. .mJ.~N M. WOEttLKENS 205 Go~e ~usb lebon~: ~61~76-6011 OO4 EDUCATION --R~,I : CHRI~TIF~ HORRISC~ F~)< NO. : ~0 Feb. 20 2004 l__.:~F'r-'r-'r-'r-'r-xqlN P2 BOARD MEMBER APPLICATION 20o~ [~] oo2 4. PtincipaJ Business Address: $- Home Phone: FEB 1~ 2004 P. ITY CLERK · ~0[.1 : CHRISTIHA MO~,RISO[,~ FAX NO. : ~ Feb. 20 2004 12:~5AM P~ CHRISTINA MORRISON, CPM BACKGROUND DATA Christina Morrison is a Licensed Florida Real Estate Broker and a Certified Property Manager (CPM). She has been active in the real estate industry for over 23 years; her areas of expertise include acquisitions, development, change of use and conversions, property management, sales and leasing, training, and all phases of real estate marketing. Chris is currently a Broker-Associate with Balistreri Realty in Delray Beach, Florida, specializing in condom-initmx, waterfront, and investment properties. Until July, 2001, Chris was the Director of Property Management for the Southern Division of Pem~sylvania Real Estate Investment Trust (PREIT). a publicly-l~aded company based in Philadelphia, Pexmsylvania. Her duties induded the supervision of apa~ tment portfohos ranging from 2300 to 3100 units in several slates, the successful re- development of three apa~ latent properties, and the authoring of the compa~ny's Policies and Procedures Manual and various training seminars on Leasing, Fair Housing and Safety. Prior to joining PRE1T, Chris was National Marketing and Training Director for Regency Windsor Companies, an apa~ tment development and management firm based in Vero Beach, Florida. Chris' responsibilities with Regency Windsor included the analysis, development, and coordination of marketing activities for all 'properties managed by Regency Windsor, encompassing over 12,000 cpa, tatent homes in eight states, the development and implementation of various training programs for all Managers and Leasing Col~5ullants, and the design and implementation of marketing and tea.sing campaigns for two new properties. From 1991 until 1994, Chris was Director of Property Management for First Montgomery Properties of King of Prussia, Pennsylvania, overseeing the management and leasing of over 3,900 apartment and condominium units in four states. Chris is a graduate of Penn Slate University and is a Past Director and President of The Institute of Real Estate Management, Delaware Valley Chapter. She is currently .President of I-REM - Southeast Florida and a member of the Governing Comxcil for The Institute. Chris is also a national instructor and trains Property Managers and other Real Estate professionals throughout the country. She is also an activ~e member of the Realtors' Commercial Society of Palm Beach County. In her spare time, Chris donates her time to the Delxay Beach Food Bani< and Caxing Kitchen and enjoys traveling, scuba diving and fl~e Sou~d~east Florida Lifestyle_ FROH : FflX HO. 07/0?/04 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION car Stste { Zip Code 1993 2001 Please type ct pxint 5.. r-Iom~ Phon~ 6- 9. Educational qu~tlifiea6on~ 10. List any rd~cd ?ofesslonal certifications and flosses w~ch ~u hold; ' ~. Give yo~ p~ea~ Ge most l'ec~t e~pl~, ~d po~n: 1!. ~ ~c~, ~* o~ ~o~ ~eh qu~ you to ~ on ~ ~& ~se ~ch a ~f ~) RECEIVED JUL 0 7 200/~ CITY CLERK 2001 CITY OF' DEI, RAY B~,A, CH Oh~kI3_D IUII~MDIL~g:3' APPl If?~Tlhl~,l O££ice 2837 Cormorane Road 4. Principal Bu~iacss Address: 0eiroy Beach City 777 I,]. Atlantic Ave. 5. Home Phone: 13usincss Phone E-,qail Addrcss: ~ 1 Cell I'honc: (561) 33~-2713 (561~ 27fi-16t, 1 I Office.~Bell.,ou~h.~5611670-71'~i 6. Ate you a rcgixrcrcd voter? If so. where ~rc you rcg4~tcred? ~. What m~.ra(~) :~r~ y,,~ h~tctc~cd ~n ~cmdag~ l~ca~e Ii.t h~ o~dc~ of prdcrem:c: 33444 Zip Code 336P, 3 Me.~.g.hborhood Advisory Council IJstMlCi~ Boa~son ~-hichyouarccun'cntlyscm'ngorhavcprtvousysc~¢d (l>¢~tscinclu'lcd~ms) ,None-Currently 9. F. du<arlona] qu:dificarlon.~: i~j~ A-Il of Flnrid;l. in. l.lsr any rclatcd profosiomd cerdficatinns :md licenses which yo, hold: ]-~'. Give your prcsc X. or most recent employer, and position: 12. l)cscfi ~c experiences, skills or knox,'ledge xvhich qu~flify you to serve ,,n d~is [~a*ard: (Hcasc am~ch :, brief resume) c,n=im:~4n r/~is ~pplic;ttion may ¢:mse foffclmrc up-n my part or' ;,,,), ;'Pl"'in"mcnt I may rccdvc. .~'~//."~/7_. ~'- '7- .~o¢, ~ Note: This application will rem:lin on file in the City Clerk's Office for a period of 2 years from thc dare ir was submitted. It will be thc applicant's resl_~onsibili~ t<> ensure that a current applicafi0n is on file. RECEIVED JUL 0 9 2004 · CITY CLERK Jeremy S. Office 2837 Cormorant Rd Delray Beach, FL 33444 Telephone: (561)330-2713 E-Mail: officej~bellsouth.net Developed strong management and sales skills while creating valuable networking and inter-personal relationships. Facilitated total customer satisfaction by exhibiting versatility, dependability and a bottom-line mentality. Proven ability to adapt to new business situations and in a short time period, performance has resulted in a path of cousistently increasing responsibilities and promotions. Merrill Lynch & Companyi Delray Bench, Florida (April 2002 - Present) Financial Advisor (Global Private Client Group) April 2002 - Present · Serve as the Financial Advisor to over 90 households · Strong proficiencies in the arenas of Retirement Planning, Liability Management and Managed Money · Provide complimentary financial planning services to the employees of thc City of Delray Beach Daleen Technologies Inc4 Boca Raton~ Florida {December 1998 - December 2001) Partner Manager (Sales Division) April 2001 - December 2001 · Respons~le for managing specific partners from pre-sales to the integration contracts ($50K-$1MM+). · Developed multiple new vertical markets for Daleen and their Partners to enter. · Conducted sales training around the country for multiple partners and supported their Sales centers. Lead partner Services Manager (Partner Services Division) January 2000 - April 2001 · Team lead in managing budget, resources, contracts and statements of work. · Responsible for development of a team of three managers. · Responsible for rolling out new "Partner Maturity Model" and implementing the strategy. · Worked directly with the Director to create strategy, processes and documentation. · Major responsibilities were contract negotiation, contract analysis, preparing statements of work and coordinating resources to support our Integration Partners. · Responsible for over $500K of conttibuted revenue to our Professional Services and Training divisions. Business Analyst ('Professional Services Division) December 1998 - January 2000 · Lead a team of Technical and Development resources in the first successful South American Implementation of the RevChnin (BillPlex) product. · Concurrently worked to further develop the Business Analyst Forum as the Professional Services organization tripled in size during this time. · First entry-level hire by Dalcen Technologies. Part of a three member team that created the RevChaln (BillPlex) "Package" which went on to serve as the competitive differentiator in the market space. · Excellent inter-personal skills well suited for developing and sustaining long term relationships · Well-developed planning, communication and documentatiOn skills · Proficient in Excel, PowerPoint, Project, Outlook, Access, Word, and Photoshop. Masters of BusineSS Administration (MBA) · University of Florida; Gainesville, Florida; November 2002 Bachelor of Basiness Administration: Finance (BA) Minors: MIS and Pre-Law. · Miami University; Oxford, Ohio; Sane 1998. Designations: · Certified Financial Manager (CFM) · Cha~red Retirement Planning Counselor (CRPC) · Certified Financial Planner (CFP) - currently taking courses · Series 7, Series 66, Series 31, Life, Health and Variable Annuity Licenses DELRAY BI, ACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or pxint thc following information: 2. Home Address: * State Zip Code 3. Legal Residence: a City I State Zip Code ,4.~,Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax2~..~ 6. Are you a registered voter? If so, where are you registered? 7 ' .,iWh~it Board(s) are,.~ou interested in s~rvkng? Ple~e list in ordeoofl~lreferenc~: . 8)~ L~st ~ C~it3 Boar~ on which you are~currently serving or ~.ave_previously 9. Educational qualifications; .~ List any related professional certifica.tions and licenses which you hold: 12~,p?_cribe ~aes, skiffs or k~o~]ed~e which qual~fyrV~ou to serve on th~, boa. rd_~(Please?tmch a brief resume) y 'fy at all the abovt/statements are true, and I agree and understand that any misstatement of material facts inthis application may cause forfeiture upon my part of any appointment I SIGNATURE DATE j/ Note: This application will ret 7 Clerk's Office for a period of 2 years from the date it was submitted. It will be the a~lL/t~._t'~r~sibility to ensure that a current application is on file. CITY CLERK ";' THE INTERIORS GROUP BOCA RATON * MIAMI MicheHe Reich President and CEO The Interiors Group ARer graduating from the New York School of Interior Design in 1972, Michelle Reich spent much of the 1970's as a residential designer and interior merchandisor in New York and Chicago with Childs/Dreyfuss. In 1980, Childs/Dreyfuss transferred her to Boca Raton to open the firm's Florida branch. A year later, she made her first venture on her own with Palmer/Smart Interiors, named for herself and her husband Smart, then a successful architect and builder/developer in South Florida. After winning numerous local and national awards, her talent and success caught the eye of the Los Angeles based Design One. They offered her a position as first President of their Fort Lauderdale satellite office. Working with Design One, Miehelle built upon her expertise in interior design and model merchandising. Miehelle quickly developed a name for the internationally recognized firm, taking it fi.om one to 15 employees in less than three years - and quickly gained a personal following in the area with her signature trademark designs. In 1985 she broke away and opened The Interiors Group. Over the past 17 years the company has grown both in reputation and size to become the leading interior design firms ~ought by major builders, both locally and nationally. The award winning company now boasts 35 employees including one of the most highly talented creative teams in the design industry, a new corporate office in upseale Boca Raton and a satellite office in Miami. The success and reputation of The Interiors Group is a result of Michelle's keen understanding of the entire building process. Michelle believes that the design process begins before ground breaking and that is why Builders and Developers come to her in the initial stages of development for her architectural expertise and critiques that give their product a cutting edge before construction even begins. This is one of the unique services offered by The Interiors Group to help promote the philosophy that merchandising is the foremost marketing tool for builders and therefore deserves a strong eye for detail to insure that the builder is reaching the targeted market. Additionally in the past five years, she has created a new concept for the Builder's "Design Center" that creates an inviting and accessible design source that assists both the builder and thek clients in completing the home buying process. Michalle Reich is helping builders and developers sell the American Dream, the attainable American Dream. Not only do her designs spark imaginations and inspirations for targeted lifestyles, but she also emphasizes memory points in her interior design to complete the package for the builders and developers to make selling or leasing their product that much easier. She has defined design trends and often sets the industry standards, which she feels, have contributed to South Florida's leading the nation in vatting edge design. RECEIVEC FEB - 6 ?.003 CITY CLERK THE INTERIORS GROUP BOCA RATON · MIAMI January 30, 2003 Karen Schell, Executive Assistant Office of the City Clerk City of Delray Beach 100 N. W. First Avenue Delray Beach FL 33444 Dear Karen, Thank you so much for sending me information on the City of Delray Beach Boards and Committees. I~,e completed and enclosed the application form. Karen, it goes without saying that I would love the opportunity to become involved with the progress and growth of my newly beloved hometown of Delray Beach. I feel that after almost thirty years of my involvement with the housing and development industry, I can bring to the table the knowledge I have acquired which has been so instrumental in the success of my own business. If you require any additional information please contact me at any time. I look forward to hearing from you soon. Please stay in touch. Warm regards, Michelle Reich President Enclosure RECEIV_E;-,, FEB - 6 7.003 CITY CLERK 1993 :2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please ty~e or print the followin~ informa6on: 2. Home Addzess: $. Leg~ Residence: 4. P~incip~l Business Ad&ess: M. I. State Zip Code State Zip Code s. Ho~ Vhoo~: I s~,~e, Vho~e: . / E-~a^~,e,~: I ca wo~e: I w: 6. Are you a revstered voter? ~ ~ so, where .e you reVstered?~' ~d7 Z/Y~;~ff ~. ~at Bo~d(s) ~e you ~t~ested ~ ~e~mg? Please hst ~ order ofpref~enc~ 8. ~st ~ Ci~' Bo~ on w~ch you ~e ~enfl)' se~'~g or have pr~ously s~ed: ~[~se Bdude ~tes) List xn), *elated professional certifications ~nd licenses which you hold: l I. Give your present, or most recent employer, and position: ensure that a current_al:gl]J~tion is on file. submitted. It ~ be the ,ppIicant's responsibility to REGEIVEU ,~o~,~,...~o~ JU~l 1 3 20~ JUN-13-02 WED 9:22 AMPOMPANO BEACH BLDG. DEPT FAX NO. 954 786 4677 P. 3 SEKOME SANZONE 200 MACFARLANE DR DELKAY BEACH, FL. 33483 (561) 243-3299 March, 1989- June, 1986- March, 1989 June, 1984- June, 1986 Jnne, 1980- June, 1984 April, 1978- August, 1980 October, 1986- April, 1979 August, 1965- October, 1966 February, 1963- August, 1965 April, 1960- December, 1962 February, 1960- February, 1963 3une, 1959- September, t959 OUTLINE PdESUblE City of Delray Beach 1 O0 NV/1 ~ Ave Delray Beach, Fl. 33444 City of Oaldand Park 3650 NE 120' Ave Oakland Park, Fl. 33334 City of Pompano Beach 141 SW 1~t Ave Pompano Beach, FI. 33060 Self-Employed RR 2. Box 816 Pompano Beach. Fl. 33067 General Development Corp. 1111 South Bayshore Dr Miami, FI. 33131 American Plyxx, ood Assoc. PO Box 11700 Tacoma, WA. 98411 Rinker Materials 805 N. Railroad Ave. West Palm Beach, Fl. Lindsley Lumber Co. Steel Dhdsion Dania, FI. Security Planning, Inc. First National Bank Bldg. Miami, F1 Dade County Highway Design Section C & C Construction 613 Tabor Place hxvestor Planning Corp. 60 E 42aa Street New York, N 5(' Building Official Building Official Assistant Building Official General Con~-actor Director of Primary Housing Sr. Internatimlal Field Services Representative Eng. Coordinator Field & Fabrication of Projects Estimalion, Delailing, Field Supervision, Customer Relations Sales Representative Estimator & Designer Estimator & Designer Sales Representative Jll~t-lZ;-q'" :~'E[~ q"-'~ A},f F'qM['a[t,", I~:I~A¢.qH ~:LDG. [~EF'T FAX [t0. :.h54 7:~F, 4~;?V F'. 4 JEKOME SANZOIql~ 200 t',I-&.CFA~I-LANE DP-. DELRAY BEACH, FL. 33483 (561) 243-3299 OUTLINE RESUME (CONT'D) Sept. 1958- New York City Conmmnity Jan., 1960 College 300 Pearl St. B rooldyn, NY Sept.,1955- Sept., t958 June, 1954- Sept, 1955 United States Army Levy & O'Keef 171 Madison Ave New York, NY Construction Tech., ABS Degree Corp of Engineers Mechanical Design JUN-13-02 W:D 9:£4 AMPOMPANO BEACH BLDG. DEPT FAX NO. 954 738 4877 L 5 PROFILE Date of Birth: Marital Statxts: General Health: Military Service Certification: School: Organizations: August 27, 1936 Married Excellent US Anny Corps of Eng. -Honorable Discharge, 1955-1958 Florida State General Contrac{ors License #CGC-007690 Certified by the Depamnent of Professional Regulations in the Following areas: Buildixzg Code Administrator; Structural Plans Exanfiner and Inspector; Electrical Plans Inspector; Mechanical Plans Inspector Plumbing Plans Inspector C.A,B.O. Certified Building Official #923 Florida Board of Building Code and Standwrds Certificate #111 Building Officials Association Building Code Dkector Certificate #147 $ouflt Florida Building Code Building Official, Chief Structural Inspector and Plata Examiner NYCCC A.B.S. Degree in Construction Tecknology Florida Atlantic Builders Associatioo Chain'nan of Affordable House Conmtittee Goyenmaental Affairs Committee Builders Association of South Florida Co-Chairman of Teclmical & Construction Commiltee Construction Specifications Institute Building Officials Association of Flodda J~J~t-15;-cf- WEE, '9:24 ."~M Y'O},If'A}¢, ~EAC..H BLf~6. DEY'T FA.X IlO. 954 7;:.;fi: 4ff.;77 f. ~, JEROME SANZON E 200 MACFARLANE DR DELR.AY BEACH, FL. PROFILE (CONT'D) Boards: Languages: Broward County Construction It,,dus~ry Licensing Board palm Beach County Building Code Advisory Board Palm Beach County Fire Code Advisory Board Fire Code Board of Adjustments and Appeals SBCC[ By-Laws Committee SBCCI Code Interpretation Conurdttee SBCCI Existing Building Code Committee SBCCI General Design Conmxlttec BOAF Resolution Cormxd~ee Faire Beach County Hurricane Retrofit Conm~ittee Pahaa Beach County ptumbing, Electxical and Mechanical Review Conmcttee Italian, Spanish, Japanese and Latin JEROME SANZONE 200 MACFARLANE DR DELKAY BEACH, FL. 33483 CLIENT US Dept of Agriculture National Homes, Inc. G.D.C. Heller, Weaver & Assoc. Genstar ITT Northwood Industries MarChem Everglades Chemical MCI-Carter Coating C.A. Marando Florida Division of Law Enforcement CONSULTING ACTIVITY Set up construction companies to build mass housing and train Personnel in Venezuela, S.A., 3 projects started. Acquire product approvals for tbeh' system under the SBCCI and SFBC. Analyze and solve construction problems. Analyze and solve constrnetion problenxs. Evaluate buildings for condo conversions. Developed site plan for planned community in S. Dade Evaluated structures at Pahu Coast hi Buimell, FI. Approved as expert witness in American Arbitration and Federal Court. Analyze and solve problems of consmaction applications. Advised on marketing ofconstt~ction products and gained code approvals. Advised on marketing of constt-action products and gained Code approvals. Advised on marketing of construction products aod gained Code approvals. Advised on marketing of construction products and gamed Code approvals. Advised on marketing of construction products and gained Code approvals. Aoalyze, investigate and evaluate projects as well as testify as An expert witness for the Construction Fraud Case JEROME SANZONE 200 IvlACFA1LLANE DR. DELRAY BEACH, FL. 33483 PROFESSIONAL ASSOCIAT[ONS American Coucrete Institute (AC[) American Institute of Timber Coustrnction (AITC) Building Officials Association of Florida (BOAF) Building Officials Association of Palm Beach County (BOAFPBC) Building Officials and Code Adnfinistraturs (BOCA) Construction Specification Institute (CS[) Council of American Building Officials (CABO) International Cont;erence of Building Officials (ICBO) Southern Building Code Congress International (SBCCI) PROFESSIONAL CERTIFICATIONS Broward County Board of Rules and Appeals: Building Official/Plans Examiner Building Officials Association of Florida: Building Official/Deparm~ent Director Council of American Building Or, rials: Building Official Florida Association of Plumbing-Gas-Mechanical Inspectors, Inc. Scare of Florida. Department of Bnsiness & Professional Regulation: Building Off~cial/Code Administrator, Plans Examiner, Inspector State of Florida, Department of Business & Professional Regulation: General Contractor State of Florida, Florida Board of Building Codes & Standards: Building Official RELATED IT,ID_USTRY ACTIVITIES Building Association of Soudx Florida: Co-Chairman, Construction & Codes Committee 1980-81 Chairman, Palm Beach County Fire Code Advisory Board 1990-94 Chairman, Palm Beach County Fire Code of Appeals & Adjustments 1990-94 Collego of architects, Engineers & Surveyors Seismic Committee 1968-'/3 Low Cost Housing Committee- Puerto Pdco 1963-68 President, Building Officials Association of Broward County 1987-88 President, Building Officials Association of Palm Beach County 1994-95 Southern Building Code Congress International By-Laws Committee 1992-93 Southern Building Code Congress International Code Interpretation Committee 1994-95 Southen'~ Building Code Conference International Existing Building Code Commit'tee 1995-97 Southern Building Code Conference International General Design Commii~ee 1997-Present CITY OF DELRAY BEACH 'tilt! BOARD MEMBER APPLICATION 1993 2001 Please type or print the following information: 2. Home Address: 'a_ State Zi~ Code 3. ~ R~idence: CiW State ~p Code 4. P~dp~ Business Address: Ci~ S~te Zip Code 5. Home Phone: Bu~ess Phone: E-M~ Address: Ce~hone: F~: 6. Are you a re~st~ed voter? ~1 o If so, where ~e you re~tered? 7. ~at Bo~d(s) ~c you ~mrested in se~ng? Please ~st ~ order oe preference: ~j//d~ 8. ~st ~ Ci~ Bo~ds on w~ch you are ~gnfly se~ng or have ~re~o~ly s~ed: ~tease include dat~) / c~y~ ~-~ 7 9. ~ucauon~ qu~fi~uons: / / 10. ~st ~y rdated profession~ c~ficafions ~d ~cen~s w~ch you hold: [~ 11. Give your pres~g or most recent employs, ~d position: 12. Des~ experiences, s~s or ~owl~ge w~ch q~ you to se~e on ~s bo~d: ~le~e a~ a brief I h~eby ce~ ~at ~ ~e a~ve smt~en~ are ~e, ~d I ~ee ~d ~ders~d ~at ~y ~smtement of matefifl fa~ con~ne~ ~ ~s app.=don may =~e foffd~e ~n my pm of ~y ap~ent ~ m~Y ~cdve. Note: This apphcation submitted. It will Realty Executives of Boca Raton 21301 PowerEnc Rd., #209 - ~ Bas: 561479-3224 Res: 561-274-8153 CHRISTEL SILVER, P.A. 1~ =.~ Fax: 561-243-1390 yeats from the date it was ,A, U6 '$2003 CITY CLERK Christel Silver 278 E Coral Trace Cir Delray Beach, FL 33445 Tel: 561-274-8153 Fax: 561-243-1390 Cell: 561-302-9773 Education: High School Diploma at Sequoia High School Redwood City, California as Exchange Student from Germany in 1960 High School Diploma at Fritz Karsen Schule in Berlin Germany in 1963 Graduate fi.om Law Academy in Berlin in 1966 Adminjslxator of Justice from 1966-1985 working at the Court Houses in Berlin, Essen, and Essen-Borbeek, Germany Real Estate Schools in Maryland, Washington DC, and Florida Licenses: Associate Broker in Maryland #81131 since 1985 Realtor In Florida # 60690952 since 2000 Certified Residential Appraiser in Maryland # 7102 since 1991 Notary Public in Maryland from 1986 until 2001 Fair Housing: Member of the Fair Housing Committee at the Montgomery and Frederick Association of Realtors 1990-2001 Chairperson for the Fair Housing Committee in Montgomery County in 1995 Member of the Interageney Fair Housing Coordinating Group 1995-1997 Washington DC HUD Task Force member for Fai~ Housing VOter status: I am a resident alien in the process of applying for my Naturalization looking forward of becoming a registered voter. Membership: Greater Delray Beach Chamber of Commerce German American Chamber of Commerce International Business Council of Palm Beach County Association of Realtors Membership Committee of Certified Residential Specialist (Chairperson of the Florida Chapter) Christel Silver Date [~LRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: 1. Las~ Name': "' Name M. L Stanley Thomas M. 2. Home Address: City State Zip Code 29 N.E. 4th Avenue Delray Beach FL 33483 3. Legal Residence: City State Zip Code 932 Kokomo Key Lane Delray Beach FL 33483 4. Principal Business Address: City State Zip Code 29 N.E. 4th Ave Delray Beach FL 33483 5. Home Phone: Business Phone: E-M~I Address: CeD Phone: I Fax: 561 266-5989 561 276-6363 tomstanley@bellso~t~.6nle~62-4111 561 276-8881 6. Are you a registered voter? If so, where are you registered? Yes, 932 Kokomo Key Lane, Delray Beach, FL 33483 7. What Board(s) are you interested in serving? Please list in order of preference: Communitv Redevelopment Agency. Plann~n~ and Zoning. SPRAB. 8. Lfist all City Boards on which you are currendy serx4ng or have previously served: (please include dates) None 9. EducafionsJ quM~ficadons: B.A.-Princeton University; J.D. Florida State University 10. [fist any related professional certifications and Hcenses which you hold: Member of the Florida .Bar, Real Estate Arty 11. Give your present, or most recent employer, and position: MacMillan & Stanley - Attorney 12. Describe experiences, skills or knowledge which qualify you to serve on this b~ard: (Please attach a brief re~ume) See Attached I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this alat~lieation may cause forfeiture upo~ my part of any appointment I may receive. Note: This applicat~o~ re~in on file in the City-Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. MacMillan & Stanley 29 N.E. 4th Avenue Ph(me 561 27~6363 Delray Beaci3, FL 33483 Fax 561 276-8881 E-mail tomstanley~bellsouth.net Thomas M. Stanley 1995-1999 .1999-2002 Princeton University Florida State University Princeton, NJ Tallahassee, FL Professional experience 1997 - Summer Law Clerk 1998 - Summer Law Clerk Seamy, Denney, Scamla, Bamhardt, and Shipley West Palm Beach, FL Office of the State Attorney West Palm Beach, FL 2002 Leon County Circuit Court Tallahassee, FL Judicial Clerk 2002 - Present Attorney MacMillan & Stanley Delray Beach, FL Member of the Florida Bar;, Amedcan Bar Association; Delray Beach Chamber of Commeme; Council of 100; Boca Raton Estate Planning Council; Palm Beach County Bar Association; Delray Beach Historical Society; Member of Real Property and Probate Section of the Florida Bar; Member of City, County, and Government Law Section of the Flodda Bar; Member of Elder Law Section of the Florida Bar I was bom in the Delray Beach area and was a 1995 graduate of the Atlantic High School International Baccalaureate Program. I have a vested interest in the growth of Delray Beach as a downtown landowner and businessman. I feel that my skills and knowledge as a real estate attorney and Delrey Beach native will bring added depth to many of the City of Delray Beach developmental and review boards, 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please tTpe or print the following information: ,. L~tName:Stdl,gav~ Name ~O~0l~ 2. Home Ad&ess: ' S~te ~p ~e 3. ~¢ Residence: Ci~ ~ S~te ~p Code 4. Pdnci¢ ~ushe~ Address: Ci~ S~te ~p Code 5. Home Phone: Bus'ess Phone: E-M~ Address: C~ Phone: ' 6. ~e you a re~stered voter? If so, where ~e you re~stered? xT. ~a[~o~d(s~re you Mtqrested M se~? H~se ~t M order of preference: . ~st ~ Ciw Bo:ds on wM~ you are ~renfly se~g or have pr~ously se~e& ~l:se hdude dates) 9. ~u:fio~ 10. ~si ~Y re,ted p~f~$sion~ [e~ficadons and ~cenaea wMch you hoB: 11. Give ~ur p(esen~ or most recent ezploxer, <d p~ifiom - 1~ ~ Descfibd .~n~es, s~s or ~o~led~ ~ch q~ yo~ to se~e on ~ bo.d: ~lease ~ ~ brief r~s~e) I hereby ee~ ~at ~ ~e a~ve smtemenu ~e ~e, ~d I ~ee ~d ~ders~d ~t ~y ~ssut~t of matefi~ SIG~A~ Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure [i~la~i~}~fion is on file. APR '2 5 2003 CITY CLERK Ronald W. Sullivan · 400 Sherwood Forest Drive Delray Beach, FI., 33445-3872 Phone: 561-499-8114 April 22, 20O3 City Clerk's Office City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33~.'!.4 Re: Board Member Application Dear Ms. $chell: Enclosed is my completed application for Board Member, City of Delray Beach. I am also attaching a copy of a recent resume with probably more information than you need. I have been a resident of Palm Beach County for almost 8 years but just moved to Delray Beach last year. Please let me know if you need additional information. Ronald W. Sullivan RONALD W. SULLIVAN 400 Sherwood Forest Drive Delray Beach, FL 33445-3872 Phone: (561) 499-8114 E-mail: rncsullivan@aol.com SUMMARY Landscape Architect / Land Planner with extensive background in teaching; in public practice; and in private practice in land planning, project management and computer applications to the planning and design process. EXPERIENCE ' Senior Planner (2/02 to present) Palm Beach County, Planning Zoning and Building Department, West Palm Beach, FL Senior Planner with the Zoning Division, Development Review Committee (DRC) Section. · One of two senior planners supervising the work of 4 planners, a zoning technician and 3 secretaries in the performance of their duties related to the DRC plan review process. · Share management responsibility of the DRC plan review process. · Continue to serve as County staff representative on Northlake Boulevard Corridor Task Force. Senior Planner (2/97 to 2/02) Palm Beach County, Planning Zoning and Building Department, West Palm Beach, FL Senior Planner with the Zoning Division, Board of Adjustment/Concurrency Section. · As head of the Concurrency Section, responsible for management of the concurrency review process and for supervision of a planner, zoning technician and secretary in the performance of their duties related to concurrency review. · Responsible for overseeing the on-call and reception functions for the Zoning Division including supervision of a planner and Receptionist. · Serve as County staff representative on Northtake Boulevard Corridor Task Force. Site Planner II (Mid 1995 to 2/97) Palm Beach County, Planning Zoning and Building Department, West Palm Beach, FL Project Manager/Site Planner with the Zoning Division, Development Review Committee. · Review land development plans, site plans and master plans for land development projects located within unincorporated Palm Beach County and work with applicants to bring these plans into conformance with Palm Beach County Unified Land Development Code requirements. · Assist applicants in the preparation of these ptans for submission to the Development Review Committee for final site plan approval. · Review applications for building permits. Prciect Landsceee Architect (6 months) Short term position with local land development consulting firm working on preparation of proposals and on a variety of land development and subdivision projects. Landscape Architect /Preiect Manaqer (8 years) Associate / Studio Mana.qer (4 years) Derek and Edson Associates, Lititz, PA Major landscape architecture, land planning and engineering firm in southeastern Pennsylvania with a staff of 16 Landscape Architects and 5 Civil Engineers. · Responsible for introduction of computers to the firm in 1987 and for selection, acquisition, implementation and management of hardware/software systems for accounting, computer-aided design, engineering computations, project management and word processing. · As project manager, worked with clients, peers, other professionals and Iooal and regional reviewing agencies in the planning, design, approval and implementation of a wide variety of projects. · As studio manager, guided and directed studio of 3 landscape architects, a civil engineer and a draftsperson in the planning, design and approval of subdivision and land development projects prepared using CADD. Associate Professor of Larldscape Architecture Kansas State University, Manhattan, KS (9 years) Taught courses at both undergraduate and graduate levels in site planning, design and resource analysis. · As coordinator of the graduate program in landscape amhitecture for 4 years, administered the program, recruited and advised graduate students in one of the top accredited graduate programs in landscape amhitecture in the country. · Maintained a full program of consistently high caliber students dudng a period of generally declining enrollment at the university. Landscape Amhitect Consultant Bureau of Land Management (6 months) Three month executive appointments to Wyoming and Alaska state offices of federal land management agency. · Conducted a study of off-road vehicle use on public lands in conjunction with Landscape Amhitects and other professionals in the Wyoming State Office. · Worked with BLM Landscape Amhifects in Alaska to develop a methodology for visual resoume inventory and analysis of a 15 million acre resoume area in northwestern Alaska. Resultant report used to modify the existing BLM manual section on Visual Resoume Management. 'Landscape Amhitect / Park Planner Texas Parks and Wildlife Department, Austin, TX (6 years) Involved with all phases of resource-oriented park planning and design through the agency that administers the historic and recreation parks in Texas. · Supervised planning professionals in preparation of 15 state park master development plans for units of the Texas State Park System. · Helped develop a system of resoume analysis adopted by the Department for planning state parks and authored a booklet describing the process. · Coordinated a team that developed a state park system plan for Texas and procedures for implementation. Landscaee Architect Roy H. Seifert and Associates, San Diego, CA (1 year) Small landscape amhitecture and land planning firm. · Design on a variety of projects ranging from county park master plans to sits planning for a nuclear power plant to private residential landscape design. Naval Officer United States Navy (3 years) Served on two western Pacific tours to Vietnam and was involved in the initial stages of the pull-out of troops from Vietnam. · As Communications Division Officer, responsible for all communications on 10,000 ton amphibious ship in the western Pacific as well as the security of all top secret material, equipment and communications. Supervised 2 junior officers, 2 chief petty officers and 20 communications specialists. · Directed ship maneuvering (Command Duty Officer) when entering and leaving port, replenishing at sea and dudng battle conditions. EDUCATION Master of Arts in Sociology, Kansas State University Master of Science in Community and Regional Planning, University of Texas (Austin) Bachelor of Science in Landscape Architecture, Iowa State University PROFESSIONAL Registered Landscape Architect, Current #1598, State of Florida Registered Landscape Architect, Current #501, State of Texas (Uniform National Exam) National Certification by CLARB #616, Current Member, American Society of Landscape Architects #023973 Past Registered Landscape Architect, State of Pennsylvania (9 years) Past Registered Landscape Architect, State of Kansas (9 Years) H:\W PDATA~OROF~LATESTms.doc 86/24/3003 12:19 5612727958 VOUHGROSS CARDEIIAL & PAGE 02 0e/24/0,3 TU~ 10:45 FAX 561 243 3774 CI~ C~ . ~002 ./ " 1~3 2001 CITY OF DELRAY BEACH BOARD .MEMBER APPLICATION Pl~c t~pc or prim thc foUo~m ~c~.fiom St~ Zil:, Co& z Hom~Ad&~.: (0.3(:, -,.~o~.~T ~ o~y ~ q~U I~C 3. ~ Resid*n~ ~ S=m ~p ~e' 4~ P~p~ Bu~e~s Ad~: ~ $. Home ~onc: Bu~s Phoffc I E-M~ Ad&ess: C~ Phone: 6. ~e you s r¢~sr~d vo~ ~ ~ Hso, ~hezc ~ you ~?~6~ 7. ~%ar ~d(s) ~ you ~h~i~led ~ ~? Ple~e U~ ~ ~ of p~f~,~c~ ' 8. ~t ~ O~ Bo~ds on ~ch )~ ~e ~fly s~g or ~ve ~o~ly s~: &lease ~de da~s) i~ ~t ~ ~ p~C~iO~eaS~a ~ ~e~ ~ you hold: ' I 1. ~vc your p~cs~ o~t ~t ~pl~, ~ spF .-~,-.am Ci:7 Cl=k's Oftice for s p~iod of 2 ~ from ~c date ir vas submitted. It viii bc the ~pplic~m's ~'~poe~'bi/ity to ~su~ that a oarreat epplic~ion is on file. JUN2 ~t 2003 CITY CLERK 8/83 - 5t86 8/76 - 5/78 September 1999 - Present April 1998 - September 1999 August 1995 - April 1998 July 1988 - August 1995 June 'i 986 - July 1988 V~Ul II:J~.U~!3 GAP. DEr IAL & ANDREW J. YOUNGROSS 636 West Drive Delray Beach, Florida 33445 (561) 276-0274 Florida Atlantic University, Boca Raton, Florida Bachelor of Science. Electrical Engineering Broward Community College, Coconut Creek. Florida Associate of Ar~ Degree E.LT. - October, 1991, PE Georgia.J997, PE Florida ]997, PE Alabama 1997. California 2002, Virginia ;ZOO?', South Carolina 2002. Youngross, Cardenal & Associates, Consulting Engineers LLC, Delray Beach, Florida (561 ) 276 -0274 President ¥oun<Jross & Associates, Consulting Engineers, Delray Beach, Florida (561)-276-0274 President As president of Youngross & Associates, I oversee all design documents and coordinate all work in the office. I continue to perform site investigations, meet with clients and design electrical and mechanical systems. R.A. Kamm & Associates, Inc., Boca Raton, Florida (561)-995-$636 Project Manager, Principle My responsibilities at R.A. Kamm & Associates included site investigation of existing as-built conditions, construction cost estimation, power distribution design, stand-by power generation, power studies submittal approvals, lighting calculations andlayout design, design of automatic fire alarm and smoke detection systems, and field Inspections. Other responsibilities included project management and electrical department Blakely-Ward-Stuckey of Florida, Inc., Pompano Beach, Florida (305)-781-8422 Design Engineer My responsibilities at BWS include, site investigation of existing as-built conditions, construction cost estimation, power distribution design, stand-by power generation. CAD Maintenance, power studies submittal approvals, lighting calculations and layout design, design of automatic fire alarm and smoke detection systems, and field inspections. National Security Agency, Fo~t Meade, Maryland Project Engineer, Design Engineer Leadership Communications Systems Department: Digital hardware design engineer for a digital desktop telephone. The study and implementation of various encrypflon modules for use in microprOCessor applications. Office of Faculties Engineering: site investigation of existing as-built conditions, construction cost estimation, power distribution design, Ioadcenter sub-stations, CAD drafting, power studies, design of automatic fire alarm and smoke detection systems, lighting design and field inspections. NFPA, FES. IEEE MEMORANDUM TO: FROM SUBJECT MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # C~ ~ - REGULAR MEETING OF AUGUST 3. 2004 APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD DATE JULY 30, 2004 The terms for Mayer Abbo, Daniel Carter, Roger Cope, Deborah Dowd and Gary Eliopoulos will expire on August 31, 2004. Ms. Dowd and Mr. Ellopoulos have fulfilled two full terms and are not eligible for reappointment. Mr. Abbo, Mr. Carter and Mr. Cope have fulfilled one full term, are eligible and would like to be considered for reappointment. The term for all five appointments is t~vo years ending August 31, 2006. To qualify for app{Jmtment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City. One member shall be a registered architect, one member shall be a registered architect or a registered professional civil engineer, and one member shall be a landscape architect or a person with expertise in landscaping or horticulture. The following individuals have submitted apphcations for consideration: See Exhibit "A" A check for code violations and/or municipal liens was conducted. None were found. Voters' registration verification was completed and all are registered with the exception of Sara Coen. Based on the rotation system, the appointments will be made by Commissioner Costm (Seat #1), Commissioner Archer (Seat ~2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4) and Mayor Perlman (Seat #5). Recommend appointment of five (5) members to the Site Plan Review and Appearance Board for a two year term ending August 31, 2006. Mayer Abbo Jose Aguila Shane Ames Paula Aridas David Beale Ronald Brito Daniel Carter Sara Coen Roger Cope Reginald Cox Brace Gimmy Johnny Kincaide SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS EXHIBIT "A" Architect (incumbcn0 Architect (also applying for HPB, P & Z and Board of Construction Appeals. Architect (also apply'mg for HPB) (also applying for P & Z) Attorney (also appl3/mg for P & Z) Contractor (also apply'nag for HPB and P & Z) Landscape Architect (incumbent) Attorney (also applying for Board of Adjustment and P & Z) Architect (incumbent) Project Coordinator (currently serving on Board of Construction Appeals) (also applying for P & Z) Retail Owner Attorney (also applying for Board of Adjustment and P & Z) Pearl Bunny Markfield Elrod Realtor (also applying for Board of Adjustment, Board of Construction Appeals, HPB and P & Z) EfleenMarks Robert Moore Christina Morrison Michelle Reich Samuel Resnick Jerome Sanzone Jeffrey Silberstein Michael Sneiderman Andrea St. James Thomas Stanley Andrew Youngross CSR/Banking (currently serving Nuisance Abatement Board) (also applying for P & z) Financial Management Realtor (also applying for P & Z) Interior Design (also apply'rog for HPB and P & Z) Engineer (currently serv'nag on Board of Adjustment) (also applying for HPB) Building official (also appl;(nag for P & Z) Architect Sign contractor (also applfmg for HPB) Telemeclia Attorney Engineer (also applfmg for HPB) (also applying for P & Z) (currently serdmg on Code Enforcement) (also applying for P & Z) t~a~ 17 04 12: SOp I'IAYE~ ABBO A~CH & ASSOC. 05/13/04 'l'~u 15:S3 FAX 581 243 3??4 CIT¥ CLERK qllr BOARD MEMBER APPLIGATION ZOOl Please type o~ prior rhc following information: 1. Last Name: 4. Pfiadpal Buaincss A&lress: 5, Home Phone: Business Phone: 6. ~e y~ a z%~sr~cd voter? City Cky City E-MaR Address: [ Cell Phone: ~-,~4~.~-~.~.~1 ocli- ~ts-Zq q I State Zip Code Z~P Code Zip Code "a~l- g~¢- qqqq List all C3~y Baaed, on ,a,hlch you are cuetendy set'wing or have prodoasly scared: (r'lcasc indudc dates) 9. Educational qualificaoons: 10. List any ~elated professional certification: ~.ud licenses x~h~ch you hold: l 1- Give yottt prcscm, or most rccca¢ employer, and position: I hereby cerli~ that all ~e ahove $5~c~n~e~ :~e ~c, ~d I ~c ~d uad~a~nd ~at any ~s~t~t ofmat~M Note: This application will remain on file in the City Clerk's Of'rice for a pedod of 2 yeats fEom the date it was ~a~ 17 04 12:51p MAYER ABBO ARCH & ASSOC- 561-272-4949 p.3 '~ MAYER S. ABBO EDUCATION 1990- 1992 Mass~huse~x$ I~$dtx~te of Teclmology D¢rar Master q[-~lrddtam, rr 1986- 1990 Universit3' of Florida D~mc: IJachelor qf D~.sig, in _4tchitc~;~u,'e C~ainesvi}le, ]~lorida Registered A~chi~cct State of Flodda AB. - 0016289 \VORK E32PERIENCE ARCHITECTURE 1996- Present/Mayer Abbo A~hitect and A~ociate% Inc. Dc~y B~ch. ~odda Pdnd~/ Sp~g ~ c~tom t~-~d l~xu~ hom~, m~d-&~ly r~idaxd~ pwj~, p~m~n~ conuu~d~ and t~nt ~prov ~ent jobs. ~m 8.000 s.L Old Plodda sg4e ~$tom r~ido~ce for d~e Potx~ ~mp~ 1~ on &e In~coas~ Watery M De~y B~ch. Custom ~idence for ~. ~d ~- l~osda ~ ST- ~dre~ Coun~ Club, ~ Raron ~ a 9,~ sq- & 2 *ro~ luxmfiom~ Me~temn~n msmm home ov~ng ~c go~ come. Vadou$ old ~ofida s~e az~tom hom~ in tim ~. I~ud~lc, ~ k~at~ ~ont comm~ of ~o ~sm. ~c Be~ resid~xcc at Foxc Chis% D~ay B~ch I';L- a 6,000 sq. ft sMglc s~ co~ s~e home. ~e Nfillee residence in Take Wo~ ~q., z 4,(~ sq. ~ Z seo~- ~zncr s~:Ic c~tom home ox,~g ~c mwacoaa~ water way. Custm home for ~ach~ Bros., ~c. M Dckay Bmdx ~ an a~rd whmlg ~o story In~c~s~ ~ ~nt home puhEshM in Hod~ ~t~t~. * The Estuary in DeLtxy Beach FL- an latracoasr*l water frost cocamunity of 104 upscale to~-n home residences. \"~inae¢ of -I Gold Coast Build~'s Association Ih:ism awatx%; including the "Gold Award" for Aechitecmm in the custom a~xched home category. O~er ! 3 uniquely designed building types composed of 4 different town home ftc, or plan.q pdceA from $500,000 to over $1,000,000. · The~a~si~B~yn~nB~ach~f~amuhi-f~rr~y~r~jcctc~mposc`d~fsing~candtxv~st~D.umtswithat~t~f78m~ts and 12 buildi~-s. Ma~ 17 04 12:51p DAYER ABBO ARCH & ASSOC. ~G1-272-4~4~ p-4 Addidot~s/Reaovadons Ibc Smith Residence zt Pelican Co*e. Ocean ~idge P~ h~or r~ovauon of a sh~e stoff lux~f~s warm' ~c,nr rmidmc~ P~i~,y and s~mfic d~i~ d~,ments for a 12.~ s-E ad~6on/r~ovafion of ~ a4olnlng In~c0asml ~t~ont homes l~a~d m ~e S~c~. B~ ~ton. P~sal for an Ad~don/Reno~doa to ~e Cadet Hotel ~ Sou~ B~dg ~ dc~ proposal to m~ovatc. ~storc antl add to the ~stofic Cadet ~otcl ~tch housed such sm~ ~ Cla~ Gahle during the &~(md kVorld War. Dental Office fr~r Dr. Norm Fcaxichck Lake %K~ozth Florida (apt). 3,500 sq. lt.)- ~pace plaruxix~g and hateaSoe layouc dc~ibm for a dm.,4e ~tory medical office space located in a ~hopping center plaza. Proposal loc a Hypegbatic l~tedical Suite at Mercy I Iospi,~l, Mi,am/FL-- space planrting and design for a new medical office space of app. 6JXu') sq. ft. Bank of ~Mmeriea proposal on East .Adanfc Ave_ in Delvay Beach Fl',- a lat~ge aealc multi facctcd project con.~isting of both re~idential and commerc/al ~pace. WORK. E-.XPEI:.IENCE RE~-L ESTATE DEVELOPER P£ojects as rea! estate developer included ,41 aepecva oF financial rc~anagerncnr, axchitcctural scrvicc.~ and sal~; with parmcrships in 2kltamira Lux't~ry Home~ ][/ac_, Savion Ja~xuff I-Iomez In~ and Savion De'vdopcr~ LLC. · Residence for ftlta~lira Lux~xry I-rome's. Thc_ a I Ft~xe Cha~% Delmy Beach IzI~ a 5,000 sq. £~ .qic~gle story Rc~idcaxce for Sa~ion Lu×ury l-Iomeos, lnc in (;otdo* Harl>0ar. Boca Raton l"I~ a 5,000 sq. fi; 2 story custom home Overlooking a deep water canal in one ol5 Boca Aaron's most presdgiou, ~.-arertrront communlde$. T~a~P~a~atD~a~-a~ux-u~x~6.uni£urban~w~h~m~Pr~ct~ted~theh~r~fDe~yB~d~c~m~s~ uS-level u. uits p,iced betweeax $279,000 and $525,000. Ha~illo* P/act - also a 16-re, it urban to'am home project located South of Afl. hdc Ave. in the don:mrox~rn hub of Delray Beach priced berwee~ $549,(}00 and $545.000. · .faaBr~.¢ Is/as.. an exclusive enclave of five very high end ctuto,n attached htwnea~ ranging in square fimtagc from 4.300 scI. Itt- to over 5.000 sq, ft. priced bev~eer, 1.3 and 1 _8 million ttollars. Thc project is located in East Dclray Beach; one hlock from the oceart and Atlantic Ave. within one of thc most pre~ti~ous azad weU lmown aeighbodaoods in town. ,, B~rauda Gardam- Twc~ high end custom home.u of 4,500 air conditioned ~q. ft. e-ach located on South Ocean Ave. with deeded beach fights. Each home will be two story with m additional dxird floor that .'tatung other things will boast a media room and "moonlight grotto" vAth s-miner kitchen, outdoor ftre place and pdvare spa. ~rout~!~aa~rAr-An~a~c~ave~f~n~yrw~cus~mestateh~mes~c~ted~nS~thOceanAve~thatwi~aPP.6~sq~ fc each. Looted just steps away from Delray"s beautiful beache~ each of the~c homes will boast a four car g-ar~g,-,, luxmSous Spanish inspked entry courtyard with lush landscaping and a xv-atet feature, oversized pt~l artd SlVa> "l~m:ador" with outdoor surrmaer kitchen and maids quartcm am<,ng other luxueiou_q feamr~_ PROFESSIONAl. MI~]M 14F[RS q ~g & A(' At31{MI(" AI)'[:IL~[ATIC}NS Membex, The ~merican Inztimte of Archirccm Member, The National Co. mcat of A~chitcc.~'xtt-al l~_oo4~tratioa 13~axd Ma~qdachusetm ln.~limtc of Technology 3.1umni Assodation of the Pahn Beache~ May ~7 04 12:51p MAYER ABBO ARCH & ASSOC. 5G1-27~-4S49 Member, Palm la*e~ch Association of'Thc American ]Institute ot-2Ktchitects Ser~e in The Ci~- of Deleay Beach Sitc Plan Rc'vicw attd Appcm-~ncc/g. rard Mcmbcr, City of Dc-kay B~- clx Crtmmlx:r JUL-15-8884 88:19 FROM:~IE SONREOS AGUIL 561-243-8184 T0:84~3774 DELllAY Brr. AC.~ 1993 :20Ol CITY OF DELRAY BEACH BOARD MEMBER APPLICATION P.1 2. Home Addr~: Ci State Z~p Code 3. L~gal Residence: City ~ State ~p Coae 5. H~ ph~e: Bu~ Ph~ ~Addm~: ~ Phone: F~: 9. ~a~ q~fio~: ~0. ~ ~y ~d ptof~o~ c~ca~s ~d ~ ~ich ~u ~: 1 h~ c~ ~t ~ ~e above sm$~-nm ~e ~q md I ~ ~nd ~d~ ~t ~7 ~m~mt of rear, w,1 ~c~ mn~ ~ ~ ~Pl ~6~ may ~c Note: ~ ~ppllcado. ~ r~.i. on file m th~ O~ O~:rk's Omc~ foz. period of 2~c'~n~tm~ ,~et_,._&~r~tt submitted. It ~ril] h~ tl~ applimmCs zespoasibility to =nsuz. daat ~ c-alx~r JUL ! 5 2004 CITY CLERK JOSE N. AGUILA, A-I.A., NCARB AR 0015349 Home 800 SW First Court Boynton Beach, Florida 33426 (561) 737-8894 Office 134 NE 1st Avenue Delray Beach, Florida 33444 (561) 276-4951 QUALIFICATIONS EDUCATION CERTIFICATIONS MEMBERSHIPS WORK EXPERIENCE PAST BOARD MEMBERSHIP Registered architect with over twenty years of architectural and construction related experience ranging from residential to large scale commercial and governmental projects, with proven abilities in production, project management and construction administration in both public and private sector. Bachelor of Architecture Florida A&M University, 1988 Bachelor of Science in Architectural Studies Florida A&M University, 1981 Flodda Registered Architect Member Amedcan Institute of Architects National Council of Architectural Registration Boards June '99 - Present, Project Manager/Architect, Robert G. Currie Partnership, Inc. March '98 - June '99, Senior Construction Manager, O'Connor & Taylor, Inc., General Contractors. September '93 - March '98, Construction Manager/Architect, City of Delray Beach. March '83 -September '93 Currie Schneider Associates AIA, PA. Delray Beach, Florida. Associate, Project Manager. Boynton Beach Building BOard of AdjuStment and Appeals Boynton Beach Planning and Zoning Board Boynton Beach Downtown Review Board Boynton Beach City CommiSsioner/Vice Mayor Boynton Beach Community Redevelopment Agency Palm Beach County MuniCipal League Treasure Coast Regional Planning Council Boynton Beach Planning and Development Board 06/1~/~5 FRI 12:$6 F~X 5~1 ~4a a77¢ 2001 CITY CL~IO[ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Note: 3"~is Ipplic~6o~ ~ ,~ain on ~le in ~hc City Cl~'s OHio. f~r a l~iod c~ ~ ~ &om thc date submitted. It 3F~II be the j~pllc~lfs mpoat,'lfilJcy ~o ellJu~ that o cau,~t ~fi~ i$ ~ ~ .... ,~GEIVED JUN ! 3 2003 (~ITY CLERK WE WELCOVIE YOU TO EXP°ERIENCE ^IVIES DESIGN INTERNATIONAL Sha,e Ames, multi-talented, creative and a Florida ficensed Designer and Architect, fo,reed Ames Design International in 1985 with hi.~ business parmer, Maria Dechantsrciter. The firm has enjoyed tremendous success ever since, contribufng approximately a b/Ilion dollars to the industry via the construction of luxurious, singl~ family homes. We were involved in the doc, mented ~emovation of a historic house located in the PROFESSIONAL HISTORIC PARK DISTRICt, Del-Ida P~rk in Delray Beach, Florida. This gem became the home of our new offices in December 1996. Once completed, itwas included in the Delray Beach Historic Society Homes tour. Shane Ames specialiTes in very high-end custom designed residences.. His work has been featured in most of the leading archimoxtml rnaH~iues such as FLORIDA ARCHrlY-XTFUR~ UNIOUE HOMES and PROFESSIONAL BUrl.r~ER. just to name a few. One of the models he designed, ~THE WF_..gTBAY,~ won :five awards at the coveted ~pinnade Award for 1990~ ceremony at the Crocker Center in Boca Raton for BEST' ARCH1TECIUR~ BFXF MODEl.; BEST INTERIOR DESIGN and BEST LANDSCAPING. Shane's work for Interior Merchandising won the PRISM GOLD 'AWARD in 1995 for the midrise, ~ Sanctuaire.~ We are proud that the popnhr national maHzJne, FLORIDA DESIGN. has given us recognition via an unprecedented 20-page coverage on two of our unique single family residences in the Boca Raton area in their Winter 1995 issue (Vol. 5, No. 3), a feature in their Summer 1997 issue (Vol. 7, No. 2). We were featured hgain in the Winter 2000 issue (Vol. 10, No. 4), and recently in the Spring 2001 issue, giving us special prominence via an 18-page article publicizing two of our homes. Shane and his handpicked staff serve an international clientele who demand the best in dramatic and sophislic~ted house design. Shane's impact upon the architecawal beauty of South Florida is evidenced by the several thousand residential designs in all the leading and prestigious Yacht~ Golf and Tennis Country Club Communities, as well as Oceanfront and Intr~coastal areas. Shane designed the original Sales Center in the luxurious St. Andrews Country Club, and conlinued with creating some of the most duplicated and sought- after models named ~A~! JNGTON,' ~HAMILTON,~ later renamed "OAKBROOK,' 'MANCHF_~TF, R,~ *'BARRI~GTON," and "MANSFIE, I,I~.~' Shane designed about every fourth residence in the S~ Andrews Country Club. We .~ake you from your initial cons-lration through to the production of architeaural plans, detailed interior drawings to securing the highest quality builder best suited to construct your home. We are committed to prodding personal attention to all phases. WE WELCOlqE YOU TO EXPERIENCE AMES DESIGN INTERNATIONAL IN FLORIDA SANCTUARY, BOCA RATON SUN & SURF CLUB, BOCA RATON ST. ANDREWS COUNTRY CLUB, BOCA RATON BOCA BATH & TENNIS CLUB, BOCA RATON WOODFIELD COUNTRY CLUB, BOCA RATON WOODFIELU HUNT CLUB, BOCA RATON THE SEASONS~-BOCA RATON BOCA RATON POLO CLUB, BOCA RATON 'BOCA GROVE PLANTATION, BOCA RATON BONIELLO'S ACRES, BOCA RATON LES JARDIN, BOCA RATON LONG LAKE ESTATES, BOCA RATON LE LAC, BOCA RATON BOCAIRE COUNTRY CLUB, BOCA RATON OLD FLORESTA, BOCA RATON BOCA HARIRA, BOCA RATON HORSESHOE ACRES, BOCA RATON ENCANTADA, BOCA RATON' FOX LANDING, BOCA RATON ROYAL PALH YACHT & COUNTRY CLUB, BOCA RATON STONEBRIDGE COUNTRY CLUB, BOCA RATON EAGLE TRACE, CORAL SPRINGS THE HAHLET, DAVlE AA0001720 STONEBROOK ESTATES, DAVIE SUNSHINE RANCHES, DAVIE FOX CHASE, DELRAY BEACH LAS PALMAS, DELRAY BEACH ' HIZNER COUNTRY CLUB HIZNER'S PRESERVE, DELRAY BEACH DELRAY DUNES, DELRAY BEACH DELRAY OCEAN ESTATES DELRAY GOLF & COUNTRY CLUB, DELRAY BEACH DELRAY ESTATES, DELRAY BEACH STONE CREEK RANCH, DELRAY BEACH SEAGATE, DELRAY BEACH THE HAHLET, DELRAY BEACH TROPIC ISLE, DELRAY BEACH ADDISON RESERVE, DELRAY BEACH BARCELONA ISLES, FORT LAUDERDALE CORAL ISLES, FORT LAU DERDALE DAWSON'S POINT, FORT LAUDERDALE NURHI ISLES, FORT LAUDERDALE ISLES OF PALH, FORT LAUDERDALE SUNRISE KEY, FORT LAUDERDALE EXOTIC ESTATES, FORT LAUDERDALE GREY OAKS GULF STREAH HARBOR BEACH, FLORIDA ~ .-~:~-:~?HIGHLAND BEACH ROYAL COVE AT BOCA HIGHLANDS, HIGHLAND BEACH HOLLYWOOD . --{--~: OCEAN WALK, HOLLYWOOD BEACH HYPOLUXO ISLAND BALLEN ISLES, JUPITER JUPITER INLET BAY, JUPITER ANGELFISH CAY, KEY LARGO LANTANA LIGHTHOUSE POINT ]4ANALAPAN GOLDEN BEACH, HIAHI PINECREST, HIAMI GABLES, NAPLES QUAIL WEST, NAPLES QUAIL CREEK, NAPLES ROSEHEAD AT WYNDEHERE ESTATES, NAPLES WINDSONG HARBOR, NORTH HIAHI BEACH HIDDEN KEY, NORTH PAU4 BEACH OCEAN RIDGE DUNES OF OCEAN RIDGE, OCEAN RIDGE PAI.H BEACH HARBOR ISLES, PALH BEACH PAU4 BEACH POLO CLUB, PALH BEACH CASA DE HARBELLA, PALH BEACH GARDENS J.D.H. COHHUNITY, PALH BEACH GARDENS FRENCHHAN'S CREEK, PALH BEACH GARDENS HIRASOL, PALH BEACH GARDENS · SAN HICHELE, PALH BEACH GARDENS CYPRESS HEAD, PARKLAND IN THE PINES, PARKLAND PINETREE ESTATES, PARKLAND BEL AIRE AT GRAND PAI. HS, PEHBROKE PINES SUNSHINE ACRES, PLANTATION - --~~LONGBOAT KEY, SORASOTA LAUREL OAK,, SARASOTA PRESTANCIA, SARASOTA PEBBLE BEACH, SARASOTA SINGER ISLAND WILLOUGHBY COUNTrRY CLUB, STUART STILWELL IS! I::~ PROSPECT PARI(~ TEQUESTA EQUESTRIAN CLUB, WELLINGTON WELUNGTON BREAKERS WEST, WEST PALH BEACH EGRET LAKES, WEST PALH BEACH WESTON HILLS COUNTRY CLUB, WESTON 4. OTHER STATES THROL/GHOIJ'F THE U.S.A. LAHONTAR, CALIFORNIA ASPEN, COLORADO BEAVER CREEK, COLORADO DENVER, COLORADO CHICAGO, ILLINOIS L'ESPRIT, LA GRANGE, KENTUCKY WARDS POINT WEST, NORTH CAROLINA HARION, OHIO BATAVIA, OHIO CITY OF LAKEWAY, TEXAS VIRGINIA BEACH, VIRGINIA INTERNATIONAL LOCATIONS, FREEPORT, BAHAHAS NASSAU, BAHAHAS LYFORD CAY, NEW PROVIDENCE, BAHAHAS OCEAN CLUB ESTATES, PARADISE ISLAND, GRAND BAHAHAS ST. JOHN, U.S.VIRGIN ISLANDS . ST. THOMAS, U.S. VIRGIN ISLANDS CURACAU, NETHERLAND ANTI~' ~:~: ST. HAANTEN, NETHERLAND ANTILLES WOODBRIDGE, ONTARIO, CANADA QUEENSTOWN, 'NEW ZEALAND LUGANO, SWITZERLAND HONACO, PRINCIPAUTY OF HONACO COI"II'4ERCIAL PROJECTS IN FLORIDA Heallt~ Sp~ & Mnssa~ Cenl~, Boca l~ntnn A. S~t~ ~ ~ F~, Bom ~a A S~t~-~ V~ Oini~ Bo~ ~n A ~t To~ome ~lex h D~eld ~ 1~ ~lex U~ h Bo~ ~n ~o~le ~ ~ F~li6~ po~ibly l~t~d on Dhn~Wofld ~p~ ~ O~do A~ ~nnlng '~a ~ B~a' ~t ~ To~ V~ ~& ~d~ ~h ~ D~y B~ (off~6c Argue) 'S~~ a l~t To~ ~ ~mpl~ ~ D~y B~ l~m~ To~ome ~ndo~m ~mplex ~ Hi.md B~ I~ ~e~ ~ndo~m. ~a M~a ~ To~om~. ~& d~ on &e ~ W~y ~ D~y B~ ~o&g a~ ~.M~&F~mi~ B~u~ g~ ~ T~om~. 'S~ ~'s Ia~ ~ D~y B~ ~ ~deo W~ome ~n~pt S~ ~ ~y B~ ~d W~t P~ B~ ~ee ~lorXp~s' B~ md H~ S~om ~ l~&ome Po~ M~ ~d ~ ~e ~em ~et B~. Potato B~ ~ ~me & P~m Shoppe. Potato B~ Two uniquely designed Card Shops, one in V~rmd Song Harbor, Nonh Miami Beach and the other in Ocean Walk, Hollywood Beach A 5-stor~ Luxury High-l~Jse named ~Fhe Renaissance atThe Oceans F~e~ in Delray Beach Architectmal Design for many of the 'Aragon~ Luxury Condominiums in Boca Raton Architectural Design of a two~to~y 4-unlt Penthouse at the *~oscan~' Luxluy Condomin/um in the Sky, H~land Beach Luxur~ 2, 3 and 4-story Townhouse Complex Reso~/, plus cmtom sin~le family homes in *Gardens at Highland Beach,~ Highland Beach ~levation~ and Floor Plan Redesign and Renovation of'The Esma~.Luxury Townhouses on the Intracoa~tai W~t~. ,~, in Deh~y Beach Renovating and Redesi~n~ an e~tin~ Oi~ce Building in the heart of Downtown Dchay B¢,~h inw Luxury Mini-Apartments. Renovation Design for the SheraWn Four Points Hotel in Pompano Beach Design of Elevations and Floor ]~a¥ou~ for the H~npwn ]nnx Hotel C~ain Stab-Of-the-Art aPeafle V/sion' Eye Center in Boca ]~t,~n, #I in the nationwide chain A fam/l¥ oxlented total Re~ort Hotel wi& a Dinner Thealre and Shops des/gned with conversion to Casino in mlnd~ Orlando Area Renovation of the ~I-Ielen W/Ike~ Hotel~ in West Palm Beach 2 COI~I~IERCIAL PROJECTS - NAT~ON^L 8~ INTERNATIONAL Bahamian Resort in hhe Bahamas Unique Bed & Breakfast Concept Resort Io be ~ nationwide 3 DELRAY BEACH Nl-.Amed~a Cit~ 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: 1. ][atst Name: 2. Home Address: 3. Legal Residence: 4. Principal Business Address: 5. Home Phone: Business Phone: City City State State State E-Mail Address: Cell Phone: I Fax: M,L Zip Code Zip Code Zip Code 6. Are you a registered voter? If so, where are you registered? 7. What Board(s) are you interested in serving? Please lis.t in order of pre ference: List ali ¢it~ Bo~xas o~ which you ~e cu~r¢~dy s¢~n~ or h~ve previously s~¢d: (Please i~d~ae a~e~) 9. Educational qualifications: 10. list any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hcreb~ ccrfi~ ~at aQ ~e above ~temen~ ~e ~e, and ~ ~ree and ~de~nd ~at any ~statemen~ of mate~al fac~s cont~ncd in ~is appEcadon may cause forfei~e upon my part of an~ appoin~ent I may receive. No~c: ~s app~c~do~ ~ ~cm~ o~ ~c ~ ~ CJ~ Clerk's ~c~o~-pcdod sub~ed. It w~ be ~e app~c~n~'s ~espousib~ to e~s~~t app~c~do~ is on ~. CITY 1955 N~W. Tenth Street Deka~ Beach, Florida 33~45 May: 14, 2004 buildings in its fOUr Historic Districts. LABOR . i ~'~iS 0~:ne o~Four shgp Siewards )Si large repres~/.~'~ No. 3 International .Brotherhood of : ' EI~ W6rk~rs, ~I~, 10~an a~re~ment {yith ~pS.MedicaI Systems of North America. The Union rePi;e's~ts 0ne-hundred4ix X.Ray Service E~ · .B.~.,een 1983:and I~99~.I partleipatedjn four full cor/ipaCt:neggti~.i0ns;~ from negotiation of positions to · :. ~ complmnce; ~he.gne~c~ p~cesS, ~al!~d.~;!'~so!~g~cordJ~ lets ~n members and,management. _ ~aula Aridas CIT~ CLEP~ {~002 BOARD .MEMBER APPLicATioN ' 1993 2iX)l submJtw, d. ' . · .... - y~z ~rom t~c date it was It ~ be Ole ~pp~icnnt's ...Foa~lai[ity ~ en~u~z tlxat · ~t appl~ffon is on file. RECEIVED DEC 1 7 2003 CITY CLERK DAVID A. BEALE, P.A. ~LHPHONE (561) R~L ~.~u CELl.PHONE (~61) 213-.2040 NE~ YORK OFFICE~ 750 THIRD AVENUE - 29TH FLOOR NEW YORK, NE~t7 YORK 10017 TELEPHONE (212) 949~Y203 OR (212) 682-2288 FACSIMILE (21~) 682-2474 DAVID A. BEALE David A. Beale is a graduate of Cornell University (B.S. 1971) and Fordham Law School O.D. 1974, Law Review 1972-74). He is a member of the New York Bar (1975) and Florida Bar (1990). David Beale is a member of The Florida Bar Association, New York State Bar Association, and Association of the Bar of City of New York. He belongs to the Entertainment Arts and Sports Law Section of the Florida Bar, where he is on the Executive Council and Chairman of the Publishing Committee. He is also active in the Media Law Committee of the Florida Bar, and the Intellectual Property Law Section of the New York Bar Association. Mr. Beale has spent his entire career representing the needs of small businesses and their owners, the sizes of which range from start-ups to companies with $100 million in sales. His practice encompasses all types of corporate, partnership, employment and commercial agreements, including leases, property purchases, and financing agreements, as well as all types of litigation that relate thereto. He is able to work with clients who have sole proprietorships as well as partnerships and corporations, and to guide them through the intricacies of licenses, fictitious names, incorporation, corporate document requirements, employment agreements, shareholder, voting and buy-sell agreements, confidentiality and non-compete agreements, mergers and acquisitions and creditors rights. Mr. Beale can give guidance on vendor, service and software agreements, as well as negotiate and litigate disputes over same. On a personal level, Mr. Beale can advise and counsel on all types of matters, including wills, trusts, health surrogates, powers of attorney, living wills, and probate, real estate, rentals, name changes, bankruptcies, debtors and creditors rights and homeowner and association rights. When a client's need arises, he works with the best attorneys in the fields of matrimonial, personal injury and estate planning. Real estate closings can take place in his suite, with title work done by associated counsel. Clients of the firm are found in the areas of banking, publishing, distribution, marketing, licensing, food, drugs, cosmetics, restaurants, real property, direct mail, fulfillment, accounting, non- profits, party planning, catering equipment sales and financing, and employee management and training. He'has extensive experience in employment law issues, and spends a great amount of time counseling companies and their human resources professionals with questions concerning discrimination, harassment, disabilities, EEO, Family Medical Leave and Fair Labor Standards. If such issues cannot be resolved by counseling and negotiation, Mr. Beale has litigated all types of employment law issues. Mr. Beale is outside general counsel to a national and international distributor of magazines and books, employing over 1500 persons nationally. Mr. Beale has also represented national magazine and book publishers, and film and video producers, and has negotiated and drafted contracts for clients that cover every conceivable area of need, including copyright, trademark, rights acquisition, licensing, publishing, distribution, printing, mergers, and assets and stock purchase and sale agreements. He also has extensive litigation experience in state and federal courts all over the country in all related areas, which include infringements of all types, libel, slander, invasion of rights of privacy and publicity, First Amendment issues, unfair competition, as well as enforcement of contract rights in these areas. INTELLECTUAL PROPERTY AND MEDIA pRACTIcE David A. Beale is experienced to handle a wide array of issues and problems in this practice area, including representation of magazine and book publishers, distributors, film and video producers. The areas ofexperrise covered by Mr. Beale's practice include the following: Trademark and Cor~vriuht Practice - This area encompasses everything from registrations, development, licensing, infringements and unfair trade practices. Experience includes litigation of all types, from the Trademark Office to federal court actions for infringement action, including the prosecution and defense of preliminary injunctions. Publishing - The firm has extensive experience in negotiating both magazine and book contracts covering the following areas: publishing rights, printing, distribution, licensing and fulfillment. Media - The firm can meet all need in this area, including, libel, slander, rights of privacy and publicity and all other First Amendment issues. Television and Film - The firm has experience in development and production deals, as well as performance and location rights. Experience has included the clearance for production companies for copyright, trademark and location rights. Mr. Beale frequently develops new approaches to issues and problems, advising clients and litigating on a national level, while remaining constantly aware of the client's desire to remain cost efficient in today's economy. EMi~LOYMENT LA*,W PRACTICE David A. Beale believes the most effective way to handle employment law claims is through a preventive approach. This means that he will work with each client long before any claims arise. If a problem surfaces, litigation can be handled in a cost effective and professional manner. In today's business environment, companies are recognizing that it is essential for an experienced lawyer to draft and/or review employment policies, procedures and provide training to all supervisory personnel. After extensive consulting with the client's Director of Human Resources, or other responsible individuals, in order to determine the problems and issues specific to each client, Mr. Beale will ensure that the client is prepared to handle the wide array of employment law issues that may arise. These may include one or more of the following areas of employment law: *Hiring and evaluating employees *Supervisory training *Employment discrimination, and harassment Title VII, ADEA, ADA *Employee pet-~onnel files and right to privacy *Employee evaluation *Security issues *Job safety *Reduction in force; re-engineering *Compensation & work schedules *Employee Compensation & fringe benefits *Employment termination *Employment contract~ & agreements *Drug testing *No smoking policies *Disciplinary programs and procedures *AIDS *Family Medical Leave Act His loss prevention and litigation skills are needed to serve your needs, and work with your Human Resources on a regular basis (daily, weekly, as required) to create a partnership. No employer should face today's employment law problems alone. David Beale will always be available to be your partner in problem solving. FLORIDA AND N~ YORK DAVID A. BEAI~E, P.A. Law Offices 355 NE 5TM Avenue S~it~ 1 DELEAY BEACH, FLORIDA 334~3 TI~LI~PHONI~ (561) PA,3-1477 FACSIMILE (561) 243-3166 }{MAIL dah38~comell.edu March 11, 2002 CI~LL PHONI~ (561) 21~-20~0 THIRD AVtiNUFI. 29TH FLOOR Nh~r YORK, NHW YORK 10017 TI~L~PHONH (212) 682-2288 FACSIMILI~ (212) 682-24,74 City of Delray Beach 100 NW 1 ~ Avenue Delray Beach, FL 33444 Dear Sir/Madam: Enclosed please find my Board Member Application for P&Z, CRA, and DDA, together with information about me and my law practice. I appreciate your consideration of my Application, and look forward to hearing from you. Very truly yours, ~~, V~A. BEALE, P.A. y: D~eale ~ DAB:dsl Enclosure RECEIVED MAR 1 3 200~ CITY CLERK 03/2a/04 MON 11:37 FA.~/ 561 2~3 3774 CITY CLERK [~002 CiTY OF DELRAY BEACH BOARD MEMBER APPLIcATIoN S~ :~ Coae 3. ~ Re~c~ ~ ~ S~ ~p ~ 4~ ~d~ ~us~ess ~d~ss: ~ S~ ~p 5. Home ~one: Bu~s P~n~ t ~ A~s: ~ ~ F~: ~¢ I -- .., 10. ~st ~y z~d pmf~sio~ ~c=6o~ ~d ~se~ w~h you hol& H. ~vc yo~ p'rtsmL o[ mo~ ~t ~p~, ~d 1 CITY CLERK RON BRITO, GENEIL4L CONTRACTOR 198 S.E. 27ts Avenue Boynton Beach, Florida (56I) 441-1767 WORK HISTORY: 1965 - 1979 Fourteen years as a .framing and finish carpenter in Riverside. San Bernardino and Laguna Beach, California. Production.framing on several multi-family complexes, housing Iracts, and high quality custom.finish work Seven years as Carpenter. two years as Leadman, five years as Foreman on new res'identitd and commerciaI projects, as well as renovations and remodeling. 1979 - 1983 LICENSED BUILDING CONTIL4CTOR /CALIFORNIA Lic. B-388997 Spent five years subcontracting and running framing, siding, trussing, fioor joisting, and stair installation on multi-family complexes from large contractors. During this time, I contracted new single-.family homes, additions, remodeling, commercial roofing, and commercial tenant improvements. 1983 - 1985 Job Superintendent on custom housing in the Nashville, Tennessee area for one year. Subcontracting framing, trussing, and siding jobs for the next two years. 1986 - 1989 LICENSED GENER,4L CONTRACTOR/FLORIDA Lic. CGC-047369 Worked at "The Township" as Punch-Out Foreman for one year'. Worked for David Jones Construction at Gleneagles, Polo Club as Lead Carpenter' and Foreman for one year on 32 eight-plex wood Jbame multi-family units. [;Forked for Davis Brothers as Superintendent on Brighton Lakes in Boynton Beach, building 36 wood-frame duplexes. Constructed custom housing.fbom Manalapan to St~ Andrews, Boca Raton. Received General Contractor's License in February 1989. 1989 - 1991 LICENSED GENERAL CONTRACTOR/U.S. VIRGIN ISLANDS Lic. 2-01392-92 Traveled to St. Croix qfter Hurricane Hugo for 5 days to bring supplies and help restore power and water to units of condominiums for a fi'tend Agreed to come back to reslore two houses. Restored fourteen residences, two cornmercial buddings and six rental units. ~41so completed work in St. Thomas and St. John on custom homes. Acquired General Contractor's License in the Virgin Islands in February 1990. Returned to Florida in July of 1991 and began new additions and remodeling projects. ~.fter Hurricane ,4ndreu; [ opened a .field office in Miami for restoration work My Miami office completed 16 residential restorations and about 32 roofingprojects. Har 29 04 04:03p Enterprise Contractors (5G1)279-0335 p.4 RON BRITO, GENERAL CONTRACTOR Page 2 1992 - 1993 Was asked to take over operations of Falkav Construction as General Mgr. and to qualiJj~ the company. Falkav Construction was, at that time, under contract with the City of' Delray Beach .for the new Tennis Center (2.5 million-dollar contracO and was engaged in school projects Jbr districts .from Lake Worth to Miami-Dade Count. Although, after a thorough research, I decided not to qualify Falkav, I brought the Delray Tennis Center to substantial completion in time.for the Virginia Slim Tournament, and all of the school jobs were in line. i 994 - present Owner and President, Enterprise Contractors, Inc. Enterprise has completed many local residential and commercial projects since it's inception, including new construction, additions, rentodeling and historical renovations (such as the Sandoway House Nattrre Center in De[ray Beach). In August 1995, I was appointed to the Construction Board of Appeals in Delray Beach. attd I was the Board's Director for a 2 year term~ I'm still serving on the Board for 2003 to 2005 PERSONAL HISTORY: [ am 57 years old, married, and have four children. I have two years of college, majoring in Business Management. I am an active member of nty church (SDA), where I have been a Deacon for 14years and am currently a Sabbath school teacher for young adults- l also sit on the Church's Building Committee. I own a home in Boynton Beach, where my.filmily has lived for 19 years, and I ant a member of the Architectural Review Board for the gernon Heights Property Owners' Association_ I am also a 18-year member of A.A. and am active on several committees. Tennis, surfing and jogging are my favorite pastimes. JUL 02,2004 16:06 Carter and Assoc. L.A. 561-266-9918 Nl-ame~caC~ '1993 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION City - C .y Phone: RECEIVED ~' ~'~ '~' '~ JUL -~ 200~, CITY CLERK D~YB~CH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: 1. Last Name:__ 2. Home Address: Name.~>,/q,~,,4_ City City State Zip Code 3. Legal Residence: State Zip Code 4. Principal Business Address: i City State Zip Code E-Mail Address: Cell Phone: 5. Home Phone: I Business Phone: 6. Are you a registered voter? If so, where are you registered? Fax: 7. What Board(s) are you interested in serving? Please list in order o f preference: List all City Boards on which you are currently serving or have previously Served: (Please include dates) 9. Educational qualifications: I0. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: 12. Describe experience, s~ or ~owle~e w~ch qu~ you to se~e on t~ bo~& ple~e amcha brief resme) ~4~ ~l~d~ o~ ~1 ~ ~ .~~ /~,-~l~r ,'~ ~ I~ I h~eby cerfi~ ~at ~ ~e above statements ~e ~e, and I ~ee and ~demtmd ~at any ~ssmtement of mte~ facts con~ed M ~s appEcafion may cause forfei~e upon my part of any appoin~ent I may recfive. REGEIVED Note: ~s app~cafion ~ [e~ on ~e ~ ~e Ci~ Clerk's Office fo~ a period of 2 ye~s ~om ~e ~te it was subdued. It ~ be ~e app~cant's ~espo~si~o~t a ~ent app~doa is on ~e. CiTY CLERK Sara Co n 1203 NE 9~ Ave. Dclray B~ach, FL 33483 (561) 278-8013 saraccen(~otmail.com Objectives and Strengths I am an attorney with a Ma~r's in Trade and Banking, and Europenn Law, curr~y completing an LL.M on Taxation. I /ill be sitting for tbe Florida Bar on July '04. I am a Certified Country Court Mediator fluent in five languages. My interests include urban zoning and planning, real estate and property law. I have experience in mediation and arbitration, commercial law, conflict mitigation, judicial reform, and immigration. I have also worked with the World Bank and lira United Nations Group. My strengths include: · Fluent in English, Spanish, French, Italian and Portuguese (written and spoken). · Excellent writing skills, good communicator and carotid listener. · Comfortable working with diverse multicultural perspectives, and pre~mtin~ alternatives for conflict resolution. · Doctoral Degree in Common Law and Civil Code System with professional experience in the U.S., Europe, Latin America and Brazil. Education St. Thomas University, Miami, Florida. Master at Law (LL3/I} tn Taxation, Candidate (May '05). St. Thomas University, Miami, Florida. Juris Doctor Degree_ The American University, Washington DC. Master at ~ (LLa~I) in International Tradeand Banking. Universit6 do la Sorbonne. Paris, France. Studies of Master tn Commercial Law and European Community. International Court of Justice. The Hague, The Netherlands. Private International Law Cergfication. Universidad Iberoamoric~ana Santo Domingo, Dominican Republi¢. Juris Doctor Summa Cutn Laude. Universit6 Paris X Nanterre. Nantorre, France. Bachelor in Arts in Business Administration of Tourism Enterprises. Legal Experience DISTRICI' COURT OF APPEAL. West Palm Bench, Florida (Aug. '04). Law Clerk for Judge Barry Stone. THE FLORIDA BAK Cypress Creek, Florida. (6/01 - 10/02). r~aw Clerk. Unllcensed Practice of Law Division. ~onducted legal research, wrote memoranda mad affidavits. Practical litigation experience dmffing subpoenas, preparing pleadings and interrogatories, participated in depositions and interviews. INTER-AMERICAN DEVELOPMENT BANK. WORLD BANK GROUP. Washington DC. (6/93 - 5/96). Legal & Summer Intern at Budget and Evaluation Office. Project Consultant at, Project Analysis Department. Wrote internal publications regarding ex-post evab,ations of judidal and social refotm, and gender issue projects in Latin America. Worked with judicial reform projects, alternate dispute resolution~ conflict mitigation and trade barriers. ORGANIZATION OF AMERICAN STATES. Washington DC. (10/92 - 5/93). Legal Intern. Legal Department. Performed research in the Library of Congress and wrote comparative analysis for the harmonization of regional legislation in intellectual property, SETERIE LUIGI BULGHERONI. Lake Como, Italy. (7/90 - 12/92). Legal Consultant. Silk manufacturing corporation. Prepared and negotiated liceming agreements. Worked with copyright registration. Other Professiomfl Experience YUPI INTISRNIsI' INC. (Carrently YupiMSB0. Miami Beach, Florida. (6/97 - 6/00). Content Editor and Business Developer. Founding team member of company ~urehased by The Mi6r°goR Network in 2002. Responsible for content. Drafted and negotiated strategic alliances, prop~ presentation for investors. CARDS FOR WOMEN. Wnshingt0n DC and D. olray Beach, F_l~fida. (6/95 - 12/99). Founder and Marketing Director. Specialized in reproduction Of ariwork. '~.h...,eed ~y on the list of top 100US HisPanic BUSiness, Client list ineladod walt DisneY, Coca-Cola, Exxon and citibank. Participated in White House presentation for Hi~ Clinton. CONSULATE OF THE DOMINICAN REPUBLIC. Paris, France. (1/88 - 5/90). Assistant to the General Consul. r Handled eonunercial receipts and visa documentation. Served as liaison and tmmlator for investors and diplomats. JUL 07,2004 12:27 2746707 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Page 2 ~~11~.~ .....' -~~ ................. iX"~"T Illli~X.) ............. '"'~'~~ ' ~ RECEIVED .~,,~ o,.~,,:~ ~,,:~ "~'~'" "~:" ~ ~'~'~ :':'~:' ~'~ JUL ~7 2004 ~'~':' '~ CITY CLERK ARCHITECT6o 06/B6 to 0 5/~92 : O' ,,4 u. 06/86: 05/83 to 08/83: Career Qb]ective To promote the concept of Architecture, Interior Design and Facili .ty Planning and Managemeng and all they encompass through accepted philosophies;x~,hich recognize the influence of the built environment on human behavior, productivity and organizational achievements. Blasland, Bouck & Lee, Inc. .Engineers and Scientists 185 N. W. Spanish River Blvd.. Suite 110 Boca Raton, Fl 33431-4230 407 750-3733, ext. 255 R. J. Heisenbottle, Architects 340 Minorca Avenue, Suite 10 Coral Gables, FL 33134 305 446-7799 Cope Architects ~ Private Practice 1174 S. W. 5th Street Boca Raton, FI 33486-5180 407 368~5180 Barretta al~d Assoc iate5, Inc. 1001 Yamato Road, Suite 301 Boca Raton, FI 33431 407 997-5660 Rehler. Vaughn, Beaty & Koone, Inc. 1250 N. 132. Loop 410, Suite 800 San Antonio. Tx 78209 210 733-3535 The Breig Partnership 411 6th Street San Antonio, Tx 78215 512 227-8043 1/4 °4 r ch itectural Director, F. P. & M.: Oirector, F. P. & M..: Dir.~.cror. F. P. & M.: Project Archit¢¢t: ('~, ..,: . ct b~n Management Assistant: ?rqject .4 rchitect: Project .4 rchttect: Designer: .~;elected ~roiect~ Three Glacier Creek Park 61,425 sq. ft. expa~sion of corporate headquarters S)xacuse, New York 1994-95 Blasland, Bouck & Lee, Inc. 12,500 sq. fi. tenant improvement Boca Raton, FI 1995 Blasland, Bouck&Lee, lnc. 1,600sq. fi. remote office Denver, Co 1995 Blasland, Bouck & Lee, Inc_ 1,400 sq. fir. remote office San Francisco, Ca 1994 Thomas A. Edison Middle School Complete D.C.P.S.B. renovation/restoration of city block Miami, FI 1993 -94 Sugar Sand Park Greater Boca Raton Beach Tax District Boca Raton, FI 1992-93 Sporting Club Boca Raton 68,000 sq. fi. athletic facility Joint venture with Kisho Kurokawa Architect & Associates Tokyo, Japan 1988-90 The Atlanta Sporting Club 80,000 sq. ft_ athletic facility. Joint venture xvith Kisho Kurokawa Architect & Associates Tokyo, Japaal 1987-89 J. P. Taravella High School Addition 12,000 sq. ft. free-standing science/general classrooms Coral Springs, Fl 1988 2/4 Project Coordinator/Job Captain: Pr ~ ?e,-! J~fan ager: Project Designer/Architect: Project Designer: Project Designer: }'r.".?;: C'o-,Ic$igner: Job Captain: Project Designer: Selected t'roiects, continued Jefferson National Bank 3,000 sq. ft. interior finish-out Ft. Lauderdale, FI 1987 College of Education, Florida Atlantic University 90,000 sq. ft institutional facility Boca Raton, FI 199O-92 One Tumberry Place 155,000 SCl.lt. nine-story class A office building Aventura, FI 1986-89 City View 228,000 sq. ft, ten-story speculative office building San Antonio, Tx 1986 Coca Cola Remodeling Phase II 10,000 sq. fi. administration space plan San Pmtonio, Tx 1985 Stewart Center Complete exterior renovation of retail shopping strip San Antonio, Tx 1985 Parkside 35,000 sq. ft. speculative office building Sm~ Antonio, Tx 1984 The Northwest Atrium 90,000 sq. ft. speculative office building San Antonio, Tx 1984 Landmark 35 Business Park Mnlti-building office/warehouse San Antonio. Tx 1984 3/4 CEU's: Educa~on Bachelor of Architecture Design Specialization, May 1984 Texas Tach University Lubbock, Tx Continuing Educational Units (CEU's) Introduction to AutoCAD 13 for Windows Art Institute of Ft. Lauderdale Ft. Lauderdale, Fl Colle. gb~le: Professional: A.S.C. / A.I.A. Associate Student Chapter / American Institute of Architects Texas Tech University Charter member of Delta Chi Fraternity Texan Tech University Dean's Honor List Texas Tach University Licensed Architect, State of Florida Registxation No. AR 0013552 N.C.A.R.B. National Council of Architectural Registration Boards File No. 42,846 I.F.M.^. International Facility Management Association South Florida Chapter A portfolio as well as personal and/or profbssioual references axe available upon request. 4/4 CiTY OF .DEL~?,J~Y BEJkGH BO~ MEMBE~ APF. U¢&TiON ~AR ~ 2 2004 CITY CLERK REGINALD A. COX 407 East Coral Trace Circle Delray Beach FL 33445 (561-266-5748) Objective: To obtain a position in a construction or related organization focusing on architectural, construction, business or related management or instruction. The environment should encourage professional development and offer career advancement opportunities. HIGgH.IGHTS OF QUALIFICATIONS · 12 years diversified experience in Architecture, Civil Engineering, ConsU'uction Management, and Surveying/Mapping. (6 years architectural specific.) · Ability to prioritize, delegate, and motivate. · Quick learner, thrive in a dynamic, challenging environment. · Work cooperatively with a wide range of clients. RELEVANT EXPERIENCE & ACCOMPLISHMENTS Construction Documentation · Associate Degree Drafting and Design Technology, Palm Beach community College, 1990 · Recognize and understand drawings/symbols from architectural and engineering drawings. · Oversaw, updated, and maintained civil engineering systems drawings for the City of Delray Beach Environmental Services Department for four years. · Successfully completed architectural construction documents for educational, office, resideatial, commercial, and re~ofit projects over the last nine years. · Analyzed and interpreted legal descriptions to produce digital surveys, maps, and resource planning boundaries. Conservation and Recreation Lands Program (CARL), Florida Dept. of Env. Protection · Production Team member for several commercial, office, and educational facilities in CanU~al Florida. · Performed construction documentation review for compliance with municipal, state, and national building codes. · Perform structural building inspections for residential and commereial facilities. · Perform shop drawing review for multiple educational, mercantile, and business facilities. Admiuist rationfManagement · Responsible for ~ntluing and overseeing draft~g technicians in the production of working drawings for multiple commercial projects. Sverdmp CRSS, 1998-2000 · Successfully managed various architectural projects, with budgets over $1,000,000 from prelimlr~al'y design through consWuction documentation. · Responsible for reducing construction document phase by 50% on 45,000 SF mercantile projects. · Monitored and reported cost information to a~a engineers and architects for cost control data and collected information for specific diacip~e. Bechtel, 1992 · Administered subcona'act procedures, as applied to lower-tier subeonU'actors, Bechtel 1993 · Produced spreadsheets as required for submittal' inspections, and hoisting and rigging as pertaining to subcontracts under the U.S. Deparlment of Energy prime contract. Bechtel 1993 · Oversaw and directed FAMU-NOMA administrative functions for three years. (1993-1996) · Developed division of respoas~"oilifies and standing committees · Developed and supervised organiTational budget. Organi?~.d key personnel towards establishing a Florida chapter of the National Organlvatlen of Minority Architects (NOMA). (May 1999) Computer Skills · Responsible for updating computer hardware and software, working as office Halson for computer problems. Office of Environmental Services, State of Florida Over eight years diversified experience ming AutoCad (Release 9-14) · Completed course in Advanced PC Troubleshooting. (June 1996 Essential Seminars) · Competent user of a variety of software which include MicroStation, Microsoft Word, Excel, Outlook, CorelDraw, WordPerfect 7.0, ArcView, Novell GroupWise, AS400, and Auto Architect. Page two REGINALD A. COX WORK ~I~TORY Nov'01 - Project Coordinator Oct '00 - Nov'01 Plans F~aminer H Aug '98- Oct '00 Project Architect Nov '97- Aug ,98 Project Architect May '97-Nov'97 Intern Architect Sep '96-Feb '97 Architectural Drafting Dec '95-May '97 Engineering Technician Iii Aug '93-Dec '95 AutoCad Operator May '93-Aug '93 Subcontract Technical Rep. Jan '92-Aug '92 Field Technician Jun '86-Dec '91 Draftsperson Fannlng/Howey Associates, West Palm Beach City of DeLray Beach, Delray, FL Sverdmp CRSS, Orlando (Jacobs Eng. Group) Stottler Stagg & .associates, Orlando Hunton Brady Pryor Maso Architects, P2u, Orlando Ooodwin-Goodwin and Associates, Tallahassee State of Florida-Office of Environmental Services State of Florida-Bureau of Survey and Mapping Bechtel Constmction-Aiken, SC (SRS) Bechtel Consmacfion-Aiken, SC (SRS) City of Delray Beach-Environmental Services Dept. EDUCATION Master of Business Administration, - UNIVERSITY OF PHOENIX, 200t Bachelor of Architecture - FLORIDA A&M UNIVERSITY, 1997 Bachelor of Science, Architect~al Studies - FLORIDA A&M UNIVERSITY, 1995 Associate of Seience, Drafting/Design Technology - PALM BEACH COMMUNITY COLLEGE, 1990 Associate of Ara, Education - PALM BEACH COMMUNITY COH.FGE, 1991 Dr. Richard Dozier, NOMA, AIA - Professor of Architecture, Florida A&M University Roy F. Knight, AIA - Past President Florida Association of the American Institute of Architects Roland Udeaze, AIA- Past President Orlando AIA Dr. Greg Brock. Environmental Administrator, Division of State Lands FDEP BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 5. Home Phone: ,~ -BudnesS Phofie: 7. ~t Bo~d(s) ~e you mt~ested . 11. G~e lo~ presen~ or most ~c~t Note This appllc~tion : Tropical · Ore~s . CaS,al:, ,it was submitted. It ~ ~s~ c,m. s~n% ~ te~t appllcauon ~s, ~ , Free Prompt Alterations ~ OCT Tuxedo RentaIs · ' - 439 E. Atlantic Avenue · O~tray 0eqch 33463 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~. L~t ]qzn~c: n----~-- .... Name Kindaide Johnny ~ Home Ad~ress: C~eYDelray S~tc ~p ~odc 17604 Linton Lake Dr. Beach F1 33445 698 Audubon Blvd. ~elray Beach F1 33444 4. ~dp~] Bu~ ~dd~cs~: ~ S~tc ~p Co~e 28 'W. Flagler St., 11th Floor Miami F1 33~ 30 ~. Home~: Bu~sPhona 561 -243-2901 305-371-966.1 jkincaideO ' lkfirm.com 561.-324-1197 305-374-4058 Yes Delrav Beach. Troolc Palms ~c~ 7. ~at ~o~d(~) ~c y~u ~ted ~ s~? ~e ~t ~ order o~p~ef~cc Site ~!an an~ ~ev~ew; Board of Adjustment; Plannin~ and gQgin~ CQmm~L 8. ~t ~ ~ Bo~d~ on ~'~ch you ~e N/A 9. Educafi~ ~u~ficafion~ ' .... B.A..-Political Science; Juris D~ctorate O. ~t ~y ~e~ p~f~sio~ coati.dom- ~d ~c~scs ~,~ you h0l& 5~l. Give youx prisonL or most x~t ~ploy~, ~d ~ocke g Klncaide, LLP - Partner 12. ' " · ; .... See attached resume 9 'ffice r a pc~od of 2 years from fl~e date it x~s submJtxed. It ~ffi be the ~pplJc~nt's RECEIVED "~-'~~ MAR 1 '~ 200~, CITY CLERK JOHNNY KINCAIDE 28 W. Flagler Street, I [~ Floor. Miami, Florida 33130 PHONE: (305) 371-9661 - FAX: (305) 374-4058 E-MAIL: il,5~xca/de~Jlcfirm.com PROIT~_.SSIONAL EXPERIENCE Z003 to Present LOCKE & KINCA1DE, LLP Miami, Florida l>artltet- Specializ. ing in employment law, contract di~ptttes and geu¢tal coq)orate/aeh~linisn-ative law. 1998 to 1003 AI~ER~iAIq, Miami. Florida Negotiated and slmcmred mergers and acquisition,s of business emities; advised clients on general corporate law, employnlent matters? applicable regulatory and admitd~lrative guidelines; drafted general Fall 1997 FT. LAUDlgRDAL]g OFFICE OF TIlE CITY PROSECUTOR FL Lauderdale, Florida Law Clerk Re. searched appellate, evidentiary and constitutional issxte~: drafted legal memoranda, asaisted City Pax}secutor in trial pcepa~atio~m. Summer 1997 FOURTI-I DISTRICT COURT O1~ APPEAI~ West Pak~ Beach, Florida · 5'~o, mer Intern.forfudge fff. Matthew ,51tever~on P,.ev~ewcd appellate brief/t; researched mtd drafted legal meanoratlda, draft-ed legal opinion. University of l~[innl[ School of Law, Coral Gables, Florida I.D,, ~y 1998 1998 Ou~tandi~ Yotmg M~ of~erica 1998 Liogation S~Is Honor* Awa~ Flm~ ~nori~ P~xicipa~on [u ~gal Educahou Schol~ Univemi~ of~fi Scholar P~ Ddm P~ ~g~ Honor Fraternity Pr~ident, Clu~fian ~gal ~cie~ Florida Atlantic Universi .ty, Boca Raton, Florida B.A. ,~) Political Science, June 1995 Pi S/gms Alpha, lqational Political Science Honorary BAR ADMISSION Florida Bar, October 1998 CLIENTS REPRESENTED The Rickenbacker Collectiot~ Oroup, Anu:)Natiot~, Inc,, R~public Sat'vice*, lac., Kellstrom Industries, Medical Maoagcr Corporadml PROFESSIONAL ASSOCIATIONS American Bar Associafiotg blational Bar Association DELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~e~se t~pc or print t~e foUo~ ;nfn,-~.~;orc 2. Home Address: 4. PHnd~al/Bu~inc_~_, Address: ' $'-te Zip Code 5. Home Phone: Bush~ess Phone: E-Marl Address:__/..~ 8. ~st ~ ~' Bo~ds on ~'~ch ~ ~e c~,~, se~ ~ h~ve p~ou~ ~: ~l~se ~dude ~tes) . 10. ~st ~y ~ehted pmfesdo~ c~ns ~d ~c~es ~ you hold: sm~ JUL 2 ~ 2003 rem~u . = in the ~-J.~lq~R~or a peziod of 2 ~ from the d~te it ~s ~ubmitted. It ~ be ~e c~nt's · · ~~ ~a~s~-~'t~t. cmm~t ~ali,'-uoa is on RESUMF~ FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER (14 Yrs) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (mulfimillion dollar producer) PRESIDENT: MERRITI' PARK HOME OWNER'S ASSOCIATION (4 yrs) BOARD MEMBER PROGRESSIVE RESIDENTS OF DELRAY (2 YEARS) MEMBER S~r/lxl3H REDEVELOPMENT TASK FORCE (FROM INCEPTION) PRESIDENT BEAUTIFICATION COMMITTEE FOR THE NW/SW REDEVELOPMENT TASK FORCE) MEMBER DELRAY LOOP a~CO-MANAGED TROLLEYS FOR OPENING DAY EVENT b. WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING OF LOOP-PICKING UP GARBAGE IN SW/NW SECTIONS c. WORKED AT DELRAY FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRI~UTI]qG ANNOUNCEMENTS OF THE FOLLOW lNG WEEKS OPENING CEREMONIES MEMBER FUND RAISING COMMITTEE FOR THE MILAGRO CENTE1L DELRAY BEACH ~,-A,,~C? CiTY OF DELRAY BEACH IIL .o~ MEMBERAPPLICATION 1993 2~1 the info,~o~ion: 2: Home Address: 3. Leffal Residence: ./.o,/;.sZ..R_~ Chy / ' St~t~ Zip Code 4. l~zi~cipa{ Busln~ss Address: Cky Sutc Zip Code 5: Hon{e Phone: ' Business Phone: ; E-Mail Address: Cell Phone: Fax: ! ~5:~ ~'r~'you a registered votex? ! A/~ .~ If jo, where axe you registere~d.d?_ ~ 8: ~st ~ ~' Bo~ on ~ch lOu ~e ~g or have ~ousl), s~e~ ~se include &tes) 9. ~u~6on~ lO. ~st ~) ~ted profess~o~ c~fi~o~s ~fl ~c~ses w~ you hol& 11. G~e'yb~ presen~or'most~,, tece~ ~plov~,, ~ ~/' .~d Do~fion/~. lZ ~be ~c~, ~'"~ ~ ~o~1~ ~ q~ you m ·'- DA~ / NOV - 7 CITY CLERK t~ CITY OF DELRAY BEACH '"' /Il 2001 c;~/ t~pe or print the follow~ inforragfion: 4 ~&-~ g] -- z Home Ad,:~.s: ~ 9 t~ P / / s'¢ 4. ~dpfl Bus'ess Address: ~ S~ ~p ~c 5. Home Phone: Bu~ess Phone: ~ Ad'ess: ~ Phone: F~: 16. ~st ~y ~ted p~fcssio~ c~fi~fions ~d ~cemes ~ you hold: . ~me your prescn~ or most ~cmt mploy~, ~d ~fiom ~ 5 ~/~- ~ (~ ~ SIG~ DA~ sub, Red. It ~ ~ ~c a~t's ~ m ~ ~~ ~pH~d~ ~ ~ ~e. OCT 28 2003 ~'- ..... ~ Y ~PMTV I'~,l i:i:ll( FROH : CHF~.ISTII'~ HOF:Z. RISOH~ FI:tX NO. : O[3PJO~PJ313BB BOARD MEMBER APPLICATION 1993 2001 ~ '/~ , ~ / S~ ~p ~de 5. Home Phone: Bu~ss P~ne: ~ ~ Ad~ ~ ~ Phon · . ~hl~ ~/ ~ ~4/~/~ 10. ~st ~y rdat~ p~sio~ ce~cafio~ ~d ~c~s~ w~ you hol& 11. ~yoar pms~ ~ most rec~t ~1~, ~d ~ ~ -,: _ . ~ ~m~ ~ you to . ~ ~ · ~ ~-''- ........ submitted. It xvill 1~. the applicant's re~ponsih~y n~ enSU~c that a l~t application i~ on ~ '_.7~_ R E C E i V~]~i~.~ FEB ig 200& C:ITY CLERK FI:~:)I.I : CI-IR. ISTINFI fqOf::~F~.ISOHO FAX [',ICl. : ~ Fei;,. ~ _-P~¢34. 12:051-~q P3 CHRISTINA MORRISON, CPM BACKGROUND DATA Christina Morrison is a Licensed Florida Real Estate Broker and a Cextitied Property Manager (CPM). She has been active in the real estate industry for over 23 years; hex areas of expertise include acquisitions, development, change of use and conversions, property management` sales and leasing, training, and all phases of real estate marketing. Chris is currently a Brokex-Assodate with Balistreri Realty in Delray Beach, Horida, specializing in condominium, waterfront` and investment propexties. Until July, 200L Chris was the Director of Property Management for the Southern Division of the Pem~sylvania Real Estate Investment Trust (PRE1T), a pubhcly-traded company based in Philadelphia, Permsylvania. Hex duties included the supervision of apa~ intent portfolios ranging from 2300 to 3100 units in several states, the successful re- development of three apaxl~tent properties, &nd the authoring of the company's Policies and Procedures Manual and various training seminars on Leasing. Fair Housing and Safety. Prior to joining PRE1T, Chris was National Marketing and Training Director for Regency Windsor Companies, an apa~ tment development and management firm based in Veto Beach, Florida. Chris' responsibilities with Regency Windsor i~xduded the analysis, development, and coordination of marketing activities for all properties managed by Regency Windsor, encompassing over 12,000 apartment homes in eight states, the development and implementation of various training programs for 'all Managers and Leasing Cox~sultants, and the design and implementation of marketing and leasing campaigr~ for two new properties. From 1991 until 1994, Chris was Director of Property Management for First Montgomery Properties of IGng of Pt-ussia, Pennsylvania, overseeing the management and leasing of over 3,900 apartment and condominium units in four states. Chris is a graduate of Penn S~ate University and is a Past Director and President of The Institute of Real Estate Management, Delaware Valley Chapter. She is currently President of IREM - Southeast Florida and a member of the Gover~dng Council for The 'Institute. Chris is also a national instructor and trains Property Managers and other Real Estate professionals throughout the country. She is also an active member of the Realtors' Commercial Society of Palm Beach County. In hex spare time, CI~is donates hex time to the Delray Beach Food Bank a~zd Cau-LRg Kitchen a~l enjoys traveling, scuba diving and the Southeast Florida lifestyle~ DELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: 3. ~ Residence: ~ Ciw. State ~p Code 4.~cinfl Bus'ess Address: Ci~ , ~~$~ S~te ~p Code 5. Home Phone: B~ess Phone: E-M~ Address: Ce~ Phone: F~ 6. ~e you a re~stered voter? If so, where ~e you re~stered? ~.,i~}t Boa~(s) ~ou ~tercstcd ~ s~ Plebe ~st ~ ordcr~f~efere~c~: . . ' S~¢t~ ~q, Boar~ on wMeh mu ar~cu~end), se~Mg or have ~r~ously se~ed: ¢lease ~ude aates) 9. Edu~fional qu~fi~ons3 st ~y relat~ professionfl ce~fica~ons a~ ~cens~s wNch you hold: i 1. ~ve .your ~resent,. or most recent employ'er, mad ~-osifion.. = 12l~es~be e~efienfes, s~s or ~owle~ wNch qu~ygu to se~e On ~s board: &lease.a~ch a bfief~sme) I h~b~ e~ ~at ~ ~e abov~smtements ~e ~e, md ~ a~ee and ~d~smd ~at my ~ssmtement of mate6~ fac~ eon~ed N ~ app~eadon may cause fogd~e upon my pm of~y appo~ent I ~y rec~. SIGNA~ DAli' tpplicafion will rem~un ~ y C erk s Office for a period of 2 years from the date it was submitted. It will be the a~.t'~r~sibility to ensure that a current application is on file. CITY CLERK 'L THE INTERIORS GROUP BOCA RATON · MIAMI President and CEO The Interiors Group After graduating from the New York School of Interior Design in 1972, Michelle Reich spent much of the 1970's as a residential designer and interior merchandisor in New York and Chicago with Childs/Dreyfuss. In 1980, Childs/Dreyfuss transferred her to Boca Raton to open the firm's Florida branch. A year later, she made her first venture on her own with Palmer/Stuart Interiors, named for herself and her husband Stuart, then a successful architect and builder/developer in South Florida. After winning numerous local and national awards, her talem and success caught the eye oftbe Los Angeles based Design One. They offered her a position as first President of their Fort Lauderdale satellite office. Working with Design One, Michelle built upon her expertise in interior design and model merchandising. Michelle quickly developed a name for the internationally recognized firm, taking it fi.om one to 15 employees in less than three years - and quickly gained a personal following in the area with her signature trademark designs. In 1985 she broke away and opened The Interiors Group. Over the past 17 years the company has grown both in reputation and size to become the leading imerior design firms sought by major builders, both locally and nationally. The award winning company now boasts 35 employees including one of the most highly talented creative teams in the design industry, a new corporate office in upscale Boca Raton and a satellite office in Miami. The success and reputation of The Interiors Group is a result of Michelle's keen understanding of the entire building process. Micbelle believes that the design process begins before ground breaking and that is why Builders and Developers come to her in the initial stages of deveinpment for her architectural expertise and critiques that give their product a cutting edge before construction even begins. This is one of the unique services offered by The Interiors Group to help promote the philosophy that merchandising is the foremost marketing tool for builders and therefore deserves a strong eye for detail to insure that the builder is reaching the targeted market. Additionally in the past five years, she has created a new concept for the Builder's "Design Center" that creates an inviting and accessible design source that assists both the builder and their clients in completing the home buying process. Michelle Reich is helping builders and develope~ sell the American Dream, the attainable American Dream. Not only do her designs spark imaginations and inspirations for targeted lifestyles, but she also emphasizes memory points in her interior design to complete the package for the builders and developers to make selling or leasing their product that much easier. She has defined design trends and often sets the industry standards, which she feels, have contributed to South Florida's leading the nation in cutting edge design. · RECEIVEE' FEB - 6 ZOO3 CITY CLERK ThE INTERIORS GROU? BOCA I~ATON ° MIAMI January 30, 2003 Karen ScheH, Executive Assistant Office of the City Clerk City of Delray Beach 100 N. W. First Avenue Delray Beach FL 33~.a.~. Dear Karen, Thank you so much for sending me information on the City of Delray Beach Boards and Committees. I've completed and enclosed the application form. Karen, it goes without saying that I would love the opportunity to become involved with the progress and growth of my newly beloved hometown of Delray Beach. I feel that after almost thirty years of my involvement with the housing and development industry, I can bring to the table the knowledge I have acquired which has been so instrumental in the success of my own business. If you require any additional information please contact me at any time. I took forward to hearing from you soon. Please stay in touch. Warm regards, MiChelle Reich President Enclosure RECEIV.EL FEB. 6 2003 CITY CLERK CITY OF DELRAY BEACH BOARD MEMBER APPLICATION information: 1. Last Name: Name M.I. 2. Home Address: City State Zip Code ~ 8,~ ~u3 t~a'p ~4~-ff' l>~-[r,t~ 3. Legal Residence: City I State : Zip Code 4. Prindpal Business Address: City .... State Zip Code' 5. Home PhOne: Business Phone: ' E-Mail Address: Cell Phone: Fax: 6. Are you a register~xt voter? ' ' ' i~'s0~ where ~'~ou reaistered?' 7. What Board{s) are you interested in searing? Please list in order df p£~ferencei __~ '" List a~ Cay BoatOs on which you are cu~ently setting ot tia~e previously served: (Please tach& dates) 9. F-xlucational qualifications: . , " 10.' List'any related professional certifications and licenses which you h<~l'd: .... 11. Give your present, or most recent employer, and position: 12. Descfilte expefien~:es, skills or lmowle~ge which qqalif-y you to sevre on this board: (Please attach a brief resume) I hereby cet~r fla;t ~tl the abo~e statements a~e tree, and I agree ~a~d~ understand m~ ~ay mi;statement of material fact~ ' ' contained in this application may cause forfeiture upon my'part of ~ appointment I may receive. , £..Z. tcauon wa ~ on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to assure that a current application is on fil~ Samuel Resuick 2835 SW 13th Street Delray Beach, Fl. 33445 Ph# 561~330.8419 Resume of Samuel Resnick 1. Education a) Graduated fi.om City College of New York in Aug. 1949 with a Bachelor of Civil Enginering Degree. b) Completed various courses in Building Code Administration and code analysis. Theses courses were given by Building Officials and Code Administrators, International. (BOCA) 2. Licensing a) Retired professional engineering hcenses- Florida, Connecticut, New York, New Jersey, and Vermont. b) Retired registered architectural licenses- Florida, Connecticut, New York, Mass., Vermont, Delaware, Pennsylvania, and the National Council Architectural Review Board. c) Certified as Chief Building Official by State of Connecticut in 1979. 3. OrganiTations a) Was member of State of Connecticut Codes and Standards Committee fi.om 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk State Technical College. c) Member of the construction panel of The American Arbitration Association. d) Member of the Palm Beach County Board of Educalion oversight committee on school construction from 1995 to 1996. 4. Experience a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct. See attached letter. b) August 1986 to Oct. 1991- Private practice as Architect-Engineer. c) March 1978 to August 1986- Director of Code Enforcement and Chief Building Official. d) June 1957 to March 1978- Private practice as Architect-Engineer. e) From 1939 to 1957- (exceot for two years in U.S. Navy and three years in enginering school) worked for various architecanal and engineering firms. 1995 FRANK.J~ ESPO~rfO~ ~AYOR costs to .e~mPt¥ Florida as POMPANO ~ CITY OF DELRAY BEACH *" 11;! MEMBERAPPLICATIOH 1993 2.001 thc follo~d= l, ~=c 2. Home Aa&e.: City~ ,~_ ~-w.~y~-y 200 /"~fi]g52' ~ ~ ~ ~/~ State ~pCode 3. ~ Residence: ~ S~te ~p C~e 4. P~dpfl Bus'ess Ad'ess: ~ S~te ~ C~e 5. Home Phone: Bus.ess Phone: ~M~ Ad&ess: C~ Phone: F~: ~q 6. Arc you a ~c~stcred voter? ~ -' ~ ~o, whete ~e you te~sterefl?~& ......... ~W~ M~ 7. ~at Bo~d(s) ~e you ~t~e~ted M ~e~'~g? Please ~st M order ofpref~enc~ 8. ~sc ~ CiB' Bo~& on w~ch you ~e ~endy se~'mg or have pr~ously s~ed ~[oSe ~dude &res) 10, ~:t ~}' ;~hted p:ofe**io~ c~fi~dons md ~cens~ w~ch you hold: ~ I. G~'e yo~ presenh or mo~t rec~nt *mploy*~, ~d po*ifion: ~tc: This appl~cadon~ rem~m on file in the City CI. F ) submitted. It will be the ~ l~cant's res onsibility to ensuxe that a curr_ea.t, agll]i,c, ttion is on file. JUN 1 3 2110~ JU[t-13-O"- WI~D 9:2"£ AM F'OME'ANO t~EA';H t~L[)!]. [~E['? FAX NO. 954 7:_:;$ JEKOME SANZONE 200 MACFAKLANE DR DELRAY BEACIt, FL. 33483 (561) 243-3299 OUTLINE RESUME March, 1989- June, 1986- March, 1989 June, 1984- June, 1986 June, 1980- June;1984 April, 1978- August, 1980 October, 1986- April, 1979 August, 1965- October, 1966 February, 1963- August, 1965 April, 1960- December, 1962 February, 1960- February, 1963 June, 1959- September, t959 City of Deltay Beach 100 NW 1~ A. ve Delray Beach, Fl. 33444 City o f Oaldand Park 3650 NE 12t~ Ave Oakland Pa~k, Fl. 33334 City of Pompano Beach 141 SW Iu Ave Pompano Beach, FI. 33060 Self-Employed RR2, Box816 Pompano Beach, Fl. 33067 General Development Corp. 1111 South Bayshore Dr Miami, FL 33131 American Plywood Assoc. PO Box 11700 Tacoma, WA. 98411 Rinker Materials 805 lq. Railroad Ave. West Palm Beach, Fl. Lindsley Lumber Co. Steel Division Dania, FI. Security Planning, Inc. First National Bank Bldg. Miami, FI Dade County Highway Design Section C & C Construction 613 Tabor Place hr,'estor Pla~ming Corp. 60 E 42°'t Street New York, N Y Building Official Building Official Assistant Building Official Construction Consultant & General Contractor DJ.rector of Primary Housing Sr. International Field Services Representative Eng. Coordinator Field & Fabrication of Projects Estimation, Detailing. Field Supervision, Customer Relations Sales Representative Estimator & Designer Estimator & Designer Sales Representative JUSt-13-02 WED '~: ~ ~.~ POMPAltO BE~.~..H I~:LI)G. £~[F'T FA~{ lIO. ')54 .'7..':-:h 4~;'77 F'. 4 ]EROME SANZONE 200 MACFARLANE DR. DELKAY BEACH, FL. 33483 (561) 243-3299 OUTLINE RESUME (CONT'D) Sept. 1958- Jart, 1960 Sept.,1955- Sept., [958 June, 1954- Sept, 1955 New York City Conmmnity College 300 Pearl St. Brooklyn, NY United States Army Levy & O'Keef 171 Madison Ave 'New York, NY Const~xiction Tech., ABS Degree Corp of Engineers Mechanical Design JUN-lB-02 WED 9:24 AM POMPANO BEACH BLDG. DEPT FAX H0. 954 736 4677 P, 5 Date of Birth: Marital Status: General Heal~h: Mililary Service Certification: School: 'Organizations: PROFILE August 27, 1936 Married Excellent US Army Corps of Eng. -Honorable Disclxarge, 1955-195g Florida State General Contxaciors License #CGC-007690 Ce[tiffed by the Department of Professional Regulations in the Following areas: Buildi~g Code Adn'dnistrator; Structural Plans Examiner and Inspector; ElectricM Plans Inspector; Mechanical Plans Inspector Plumbing Plans Inspector C.A.B.O. Certified Building Official #923 Florida Board of Building Code and Standards Certificate #111 Building Officials Association Building Code Dkector Certificate #147 South Florida Building Code Building Official, Chief Structural Inspector and Plans Examiner NYCCC A.B.S. Degree itl Construction Technology Florida Atlantic Builders Association Chairman of Affordable House Conmxittee Govenm~ental Affairs Committee Builders Association of South Florida Co-Chairman of Technical & Construction Commiltee Consmtctlon Specifications Institme Building Officials Assoeialinn of Florida Jlllt-l::-~T' :NE[~ _._4 $3f ~'O}I~'A~tO BDZH [:LDO. [~EFT ~t¢). %4 7:3fi, 4~.;77 r'. e, JEROME SANZON E 200 MACFARLANE DR DELIL4.Y BEACH, EL. PROFILE (CONT'D) Langnages; Broward County Construction Industry Licensing Board Patm Beach County Building Code Advisory Board Palm Beach County Fire Code Advisory Board Fire Code Board o£Adjus~nnents and Appeals SBCCI By-Laws Committee SBCCI Code Interpretation Conunlttee SBCCI Existing Building Code Committee SBCCI General Design C0nmalttee BOAF Re~olutlon Corm~dttee Palm Beach County Hurricane Retgofit Conmalrtee Patna Beach County ptumbtng, Electrical and Mechanical Review Conm~ttee Italian, Spanish, Japanese and Latin 4. , .'-":},{ i:'0MP).ff0 I:.E.:,_.H I~LD:3. [~EF'T F::::( It0. 954 ~'-'- CLIENT US Dept of Agriculture National Homes, Inc. G.D.C. Heller, Weaver & Assoc. Genstar ITT Norlhwood Industries IvlarChem Everglades Chemical MCI-Carter Coating C.A, Marando Florida Division of Law Enforcement JEROME SANZONE 200 MACFARLANE DR DELI:~Y BEACH, FL. 33483 CONSULTING ACTIVITY Set up construction companies to build mass housing and train Personnel in Venezuela, S.A., 3 projects started. Acquire product approvals for their system under the SBCCI and SFBC. Analyze and solve construction problems. Analyze and solve construction problen'ts. Evaluate buildings for condo conversions. Developed site plan for planned cmrmmnity in S. Dade Evaluated stcnctures at Palm Coast ht Bmmell, Fl. Approved as expert witness in American Arbitration and Federal Court. Analyze and solve problems of construction application~. Advised on marketing of construction products and gained code approvals. Advised on marketing of constrnetion products and gained Code approvals. Advised on marketing of construction products and gained Code approvals. Advised on marketing of cort~tmction products and gamed Code approvals. Advised on marketing of construction products and gained Code approvals. Analyze, investigate and evaluate projects as well as testify as An expert witness for the Construction Fraud Case JEROME SANZONE 200 IMACFAJ[~LANE DR, DELfLAY BEACH, FL. 33483 PROFESSIONAL ASSOCIATIONS American Concrete Institute (AC[) American Institute of Timbec Construction (AITC) Building Officials Association of Florida 03OAF) Building Officials Association of Palm Beach County (BOAFPBC) Building Officials and Code Administrators (BOCA) Construction Specification Institute (CS[) Council of AmetScan Building Officials (CABO) International Cont~rence of Baildh~,g Officials (ICBO) Soufl~em Building Code Congxess Intematinnal (SBCC[) PROFESSIONAL CERTIFICATIONS Broward County Board of Rules and Appeals: Building Official/Plans Examiner Building Officials Association of Florida: Building Official/Department Director Council of American Building Officials: Building Official Florida Association of Plumbing-Gas-Mechanical Inspectors, Inc. State of Florida. Department of Bt~siness & Professional Regulation: Building Official/Code Adnfinisttator, Plans Examiner, Inspector State of Florida, Deparlmgnt of Business & Professional Regulation: General Con~xactor State of Florida, Florida Board of Building Codes & Standards: Building Official RELATED 1ND_USTRY ACTIVITIES Building Association of South Florida: Co-Chairman, Construction & Codes Committee 1950-81 Chaim~an, Palm Beach County Fire Code Advisory Board 1990-94 Chairman. Palm Beach County Fire Code of Appeals & Adjustments 1990-94 College of architects. Engineers & Surveyors Seismic Committee 1968-73 Low Cost Housing Committee- Puerlo Rico 1963-68 President, Building Officials Association of Broward County t987-88 President, Building Officials Association of Palm Beach County 1994-95 Southern Building Code Congres~ Internalional By-Laws Committee 1992-93 Southern Building Code Congress International Code Interpretation Committee 1994-95 Southen~. Building Code Conference International Existing Building Code Committee 1995-97 Southern Building Code Conference International General Design Cornn'dttee 1997-Present 05/~8/03 RL?D 08:19 FA,,I~ 561 243 3774 ClT~ CLEP~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 199,3 lOOl ~002 9. E, cluc~dond qu~6ca~ons: 10. List ~my reh~ed ptofess3on~ cemfic~uons ad Ucenses ~,hich ~ou hold: 11, G~re yot~ present, ot most tec~x employs, ~nd posit~orc 12. De~olbc c~es, ~tlf ot kao~ed~ which ~ ~ M *een: eel rids boszd: (1~uc *t'~sch · b~:i~ ~sumO HAY 2 6 2003 ~/~ .ov~ ~.vzo:o~ ~o-.~-^~ .~s-I'Y GLERK · ~$1~31IHOUV HI~I$~Bql$ :A~ 1N~ JEFFREY SILBEILSTEIN, A.LA., 1LA. EDUCATION: Clark University, Worcester, Ma. Liberal Aris Major })o~on College, I)ostou, l,,{a. F~onomks major, o~le year Pratt institute, Brooklyn, New Ymk Architectural De~'ee. American htstimte Of Arcl~ects Medal for Excellence in Architectural Educ~tiun Harvard University Oraduale School of Desi~k June 1989 tlarvard University Graduate School of Der, ig~ July, 1996 CERTIKICATION: Registered Architect: Florida and Illinois Jeffrey SHberstein Architec~ & Assoc., Inc. was founded in 1990. We are a small finn with a reputation for innovative design and delivering proje~s within budget aud on schedule. This is ~.~dent as we continue m work with repeat cf{ants and referrals generated by our rcputmion. Our success evolves as we assist clien~z in definlng project goals well before suggesting solut{ons, a process that creates a full undersrandLng of objectives before ~msformation into reali~. Jeffrey Silberstein, A.I.A., ILA., has over 21 years experience in the field of nrchitectural design, maoan desi~+ interior desi~ 'and residential nnd commercial development. Silberstein Arohitec~s. Inc. was founded in 1990 and is located in Delray Beach. Florida. Fie has been associated with many building types, including edueatlomd facilities, office buildings, interior office and residential rtaovafior~, museums` an galleries, religious ~cllhies, residences, mixed - use developments and commercial projects In 1995 Jeffrey Silbers~:in was presented The Award of Honor for Design by The American Institute of Architec~ (A.LA.). He was recognized for "the high qualio, and originaliVy of his work over au extended period of time", bm addiliou re thiz special honor lie has garnered many A.I.A awards for varied proje, c~. His work has beau featured in The Miami Herald, The Sun - Sentinel The Palm 8each Po~q Florida A~hiteet, interior Desiga, The Boca Raton News, Architectural Record a~d other international publications. Mr. SilbersteJn has served as. e guest writer for the Hartford ~ectural Consem'vancy and The Palm Beach Posl, a criuc member of the Works of Att Commit~e of dee Boca Radon Mu_~mn of Att, a mel1~ber of Junlot' Achievement and a member of The Grace Commi~ion on the Boca ]~aton Comrmmiey R.edeveinpmen! Agency Task Force. Mr. Silbetstein resides wP, h his wife Rosemary and two daughterS, Angelica and Sarah in Boca gaton, Florida. g/g ~gVd !~VL0:0L 60-8g-AV~ ~L95 ~S£3B£IHO~V NI~ZS~Bql$ :AB IN3 1'2_: 11 561-278-6431 S IC~'~A~qAMA -BOCA / DEL PAGE BOARD MEMBER APPLICATION 1993 2001 ?l~se t~pe or prat ~e following imfommadou: 1. L~st Name: Sneiderman 2. HomeAaa,~s: 2105 Layer's 3. Legal Reaidence: P~ocipal BUSmess Addxess: 3125 S. Federal Highway Cir-#211 Michael o~ Delray Beach City Delray Beach SmeFL State FL Zip Code Zip Code 33483 5. Home Phone: [Busmcss Phone: F_.-M~il Add~ess: } Cell Phone: Fax:' 561-279-43111561-278L7446 sn~dssg~a0Le0m1 56~-?03-6453 561478-6431 6. Are you a rc~stetedvoter? Yes If~o, ~ =~ yo. ,~F~t~a? Delray Beach 8. List ali Ciey Bonrds on which you are euxrendy sec.'Jarl ex have previously served: (Please i~clud¢ dates) SPRAB - Appointed 9/1/2000, served two year term ). ma~=~o.~m~¢,~o,,: Batchelor of Arts Degree in Economics University $f Connecticut" 1967 10. List an3, related px'ofessional cex'Uficarions and licenses ,a, lmch you hold: I1. Give you~ present, ox most re..pt employer, and posldon: Owner & President of Si~n*A*Rama of Delray Beach t2. Desc~ ex,ency, s~s or ~owle~e ~ch qu~ you to ;~e ~ ~s ~d' ~le, sc ,tu~ a brief ~sume) ~ ' Irve served on SPRAB ~r 2 years. - I've had direct design & ~bricat~n inclement, as ~l as l~t, installation, material choic% color variat~ & color scheming experience in lit~ally thousands of signs over the last ~e~ in projects lar~ and small in scope. Included in my portfolio are the signs at the Old School Squar% First Night, J~nt Venture, the Tennis Cente~ ~Golf Courses, etc., etc., etc. 5/ auzy 6, 2004 subdued, h w~ be ~e appScant% t~ponsi~ ~ caste ~at a c~t a~on ~ on ~e CiTY C'LERK CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 2. Home Addr, css: 3. Legal ll¢~id~ce: City State Zip Code 4. l~i~p;d B,,_~L~e~,s Add, ess: City Sure Zip Code $' Home Phone: Bu~ss 2'..,-,-e: F.,-Mall Address: Cell Phone: Fax: 6. Are you a registe~ed voter? V.~ ~J'so, whe~eateyoutegist~ed? ~..._ 7. What Board(s) a~e you -;q~.~ed in se,¢.mg? Pleas~ lis~m ordcr ofp~fcrence: i~t/-~. S. Lis~ an Ciq- i;ouas/~ch you ~ ~,~.~ ~e,~;~g o~ ha~e p~:~iou~ served: 0~se incl~e dates) 1 I. Give yo~.r pre:em, or mgst ~c~.-,i q~Flpy,~, aad ~osidon: ]~ ~-~ 4~ ~,~, I ,32- ~ ' ~=.~. ~ ~---,-,- .-.,-:_,- · ' __ . ' I he~c :~y ~',',~g dt~t all ~he M~at~ ~:,;~,..,'~i ~ Izu~, ~nd I ~ ~ ~ ~ ~ ~;~, of~.l ~ 7 Clerk's Office for alacl~3d'~l~l~m thc date it was submitted. It ~ bc the atmlicam's .,.,~,,,.mm ....... _,___ r z-r- -~r~..~-.,~,.y ua ~a.sau.~ mat · AUG '1 4 2003 ~.ITV r..i I::RK ANDREA ST. JAMES t284 Audubon Blvd. Datray Beach, FL 33444 PH: ~61-278-3008 CELL: 561-~42-4610 E-Math BatHarboure~aof.com Objective: To use all of the special wrrdng, public relations, publicity and management skilis I possess in an executive level public relations / publicity capacity. Speclel Skllla: Writing, Event management, publicity, & public relations skills. WORK EXPERII NCE 1998 - 1999 '1~97 - 1998 INFORMATION TELEVISION NETWORK - Boca Raton - Director, Public Rebltions lTV is a conglomerate of several production companies (lTV, MeTV, ~TV Digital) who produce Gracie, Freddie & Telly award winning television programs eired over several national networks. Wrrm & service press releases, meet with various industry reps, pitch stories to publications for publicity and scan & distribute industry media stories from myriad publications. Write ad copy, secure film Iocetions throughout the U.S. for video productions. Pitch & barter show ad placement in national publications (over $600K in one year). Lead division directors & managers In bi-weekly meetings. Personal c,~its include: Winner. 2000 Time Inc Health Freddie Award; Winner: (2) 2001 Time Inc. Health Freddie Awards; Winner: 2001 Addy Awards (2); Winner. 2001 ASCRS National Media Award; Judge: 2001 Aurora Awarde. Mereber, National Academy of Television Arts & Scieo~es. Commodore Aviation, Inc. - Miami - PR & Technical Admlnletmtor Commodore Aviation, Inc. is a sUbsidiary of Israel Aimraft/Bedek in Tel Aviv and provides heavy maintenance for the aircraft of governments and major commercial carriers. I administered technical sen'ices es well as wrote speeches, wrote & serviced press releases, oversaw large events, photography and brochure production. The FontalneMeau Hilton - Mit, hi - Leieure Tmvat Marketing At this world renowned resort hotel, I worked in International marketing within the area of Leisure Travel; Reporting to the Director and two sales managers. I determined what should go into their sales kits for international mass reailings, wrote marketing letters to sell the resort and edited press releases. 1N9-1~3 1985 - 1989 CRA Managed Care, Inc. - Richmond, Virginia - Office Manager This national vocetionel rehabiiltation corporation sewices the major insurance carriers of the continental US, Hawaii and Canada: It provides vocational rahab sewices to those people injured on the job or who have experienced a cetastmphlc illness or injury. As of T~e manager repo~ng to the Regional Manager, I hired, trained and oversaw clerical staff, controlled the timely receipt and distrlhution of medical reports, edited written reports and controlled billing. I also w~ota marketing letters and maintained contact and correspondence with clients and attorneys. Twentieth Century Fox - Loc Angal~ - Exec. 1V Publicity A~M~tant RepoRting to the Director and frequently, the President, duties for one of the largest entertainment corporations in the world included heavy liaison with stare and major media representatives. This included ini0el overeight of an approximate $1.5 million annual television publicity budget, oversight of print advertising and large media events. Also included writing, editing and servicing press releases; creating, editing and updating press kit materiels; evaluating scripts in progress; national/international press distribution; attendance to and facilitation of stars' interviews and major media func~ons; handling studio fan mail and interac~ng with vmious other deportments, producers and publicity agencies to promote publicity on varied series and stars, inciucling EMMY winner LA. Law. Set up and facilitated many of Twentieth Television's high-visibility functions including the yearly EMMY I~.m/~t $~l~go, the annual executive/producer/writer introduction event and vanous 100 episode parties for our sucoessful series. Was asked to accept an award for L.A. Law. Ogilvy & Mather/The Ogilvy Group - Loc Angelse - Office Manager Began at this internationally successful edvertising agency in Richmond, Virginia at then-affiliate, The M~rtin Agency, and was transferred to The Ogilvy Group in Los Angeles in 1988. Reporting to the Chairman and President, duties included acing as liaison with clients and creative teams, confidential work in the corporate day-to-day experience, research projects on an assignment basis, oversight of clerical staff and assistance with high profile media events. Also was contributing editor of company newsletter. COMMUNITY SERVICE · National Neumfibromatosis Foundation (NF) Los Angeles Business Volunteers for the Arts (BVA) Richmond School for the Performing Arts (SPARC) Richmond Stop Child Abuse Now (SCAN) President Reagan 1979 Campaign (Southeast Tour) Public Relations Chelrpereon Public Relations Consultant Public Relations Consultant Public Relations Consultant Touring Public Relations Asst. D~LRAy BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: Name M. L S t anley Thomas M. 2. Home Address: City State Zip Code 29 NoE. 4th Avenue Delray Beach FL 33483 3. Legal Residence: City State Zip Code 932 Kokomo Key Lane Delray Beach FL 33483 4. Principal Business Address: City State Zip Code 29 N.E. 4th Ave Delray Beach FL 33483 5. Home Phone: Business Phone: E-Marl Address: Cell Phone: Fax: 561 266-5989 561 276-6363 tomstanley@bellsoct~.6nle~62-4111 561 276-8881 6. Are you a reg/stered voter? If so, where are you registered? Yes 932 Kokomo Key Lane, Delray Beach, FL 33483 7. What Board(s) are you interested in servang? Please list in order of preference: Community Redevelopmmnt A~mncv. Plannf'og and %onfn~. flPRAR, T)o..w'nro't.m Dev. AT,th. 8. List all City Boards on which you are currendy serving or have previously served: (Please include dates) None 9, Educational qualifications: B.A. Princeton University; J.D. Florida State University I0. last any related professional certifications and licenses wtfich you hold: Member of the Florida Bar, Real Estate Arty 11. Give your present, or most recent employer, and position: MacMillan & Stanley - Attorney 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) See Attached I hereby cet~fy t~at all the above statements are true, and I agree and understand that any misstatement of material facts contain~e forfeiture upor~ my part of any appointment I may receive. Note: This applicafio~ remain on file in the City:Clerk's Office for a period of 2 Years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. MacMillan & Stanley 29 N.E. 4th Avenue Phone 561 276-6363 Delray Beach, FL 33483 Fax 561 276-8881 E-4~ail tomstanley~bellsoufn.net Thomas M. Stanley Education 1995-1999 aA. Ha~-te~ 1999-2002 Princeton University Florida State University Princeton, NJ Tallahassee, FL 1997 - Summer Law Clerk 1998 - Summer Law Clerk Searcy, Denney, Scarola, Bamhardt, and Shipley West Palm Beach, FL Office of the State Attorney West Palm Beach, FL 2002 Leon County Circuit Court Tallahassee, FL Judicial Clerk 2002 - Present Attomey MacMillan & Stanley Delray Beach, FL Prc~essional memberships Member of the Florida Bar; Amedcan Bar Association; Delray Beach Chamber of Commerce; Council of 100; Boca Raton Estate Planning Council; Palm Beach County Bar Association; Delray Beach Historical Society; Member of Real Property and Probate Section of the Florida Bar; Member of City, County, and Government Law Section of the Florida Bar; Member of Elder Law Section of the Florida Bar I was bom in the Delray Beach area and was a 1995 graduate of the Atlantic High School International Baccalaureate Program. I have a vested interest in the growth of Delray Beach as a downtown landowner and businessman. I feel that my skills and knowledge as a real estate attorney and Delray Beach native will bdng added depth to many of the City of Delray Beach developmental and review boards. 05/24/2003 ].2:]..':3 56].2727950 YOLIiqGROSS C~REIIAL & PAGE 82 06/Z4/0~ ~ to:4s ~ B6~ 243 3774 C~ C~ 1993 2001 CITY OF' DELRAY BEACH BOARD .MEMBER APPLICATION 3. ~ Ee~idenc~ ~ ' ' S~ ~p ~' -- ~ - 5. Home ~onc: Bu~ess Pho~ E-M~ Ad~zs: C~ Phone: F~: 7. ~'h~r Bo~d(s) ~ you intei~sted ~ sc~? Pl~e ~t ~ ~ of p~f~c~ B. ~st ~ ~ Bo~ds on wMch ~ ~c .~=dy s~g o~ ~ve ~,ly ,~: ¢lc~sc ~8~ &~) , ~. ~-Lc~Z/~L '~&.~c~c~.~6' . . ~-~ ~ Y~ ~~tlmny~ ~~ ~' 7' Ofiie~ for s period of 2 y~m fxom ~e date it was submitted. It ~ be ~ ~pplle~m's ~'~po~a'hilky to ~u.t-e that I eurtem ~pplic~nn ia on fib, JUN 2 4 2003 CITY CLERK 8/83 - 5~86 8~6 - 5~8 September 1999- Present April 1998 - September 1999 August 1995 - April 1998 July 1988 - August 1995 June 1986 - July 1988 5Bl-/_/95O ','OUI~ROSS ']ARDEItAL & PAGE 8:3 ANDREW J. YOUNGROSS 636 West Drive Delray Beach, Florida 33445 (56]) 276-0274 Florida Atlantic University, Boca F~aton, Florida Bachelor of Science, Electrical Engineering 8toward Community College, Coconut Creek, Florida A~sociate of Arts E~egree E.I.T. - October, 1991, PE Georgia-1997, PE Florida ]997, PE Alabama 1997, California 2002, Virginia 2002, South Carolina 2002_ Youngross, Cardenal & Associates, Consulting Engineers LLC, Delray Beach, Florida (561) 276-0274 President Youngross & Associates, Consulting Engineers, Delray Beach, Florida (56])-276-0274 President As president of Youngross & Associates, I oversee all design documents and coordinate all work in the office. I continue to perform site investigations, meet with clients and design electrical and mechanical systems. R.A. Kamm & Associates, Inc., Boca Raton, Florida (561)-995-8636 Project Manager. Pi'incipie My responsibilities at R.A. Kamm & Associates included, site investigation of existing as-built conditions, construction cost estimation, power distribution design, stand-by power generation, power studies, submittal approvals lighting calculations andlayout design, design of automatic fire alarm and smoke detection systems, and field inspections. Other responsibilities included project management and electrical department b~ed. Blakely~Ward-Stuckey ot Florida, Inc., Pompano Beach, Florida (305)-78] -8422 Design Engineer My responsibilities at BWS include, site investigation of existing as-buit conditions, construction cost estimation, power distribution design, stand-by power generation. CAD Maintenance, power studies, submittal approvals, lighting calculations and layout design, design of automatic fire alarm and smoke detection systems, and field inspections. Nati(~nal Security Agency, For~ Meade, Maryland Projec! Engineer. Design Engineer Leadership Communications Systems Department: Digital hardware design engineer for a digital desktop telephone. The study and implementation of various encrypfion modules for use in microprocessor applications. Office of Faculties Engineering: site investigation of existing as-built conditions, construction cost estimation, power distribution design, Ioadcenter sub-stations, CAD drafting, power studies, design of automatic fire alarm and smoke detection systems, lighting design and field inspections. ,,J~"_,,~/g'~bT'JOj~..,~ NFPA, FES, IEEE MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David T. Harden, City Manager Lula Butler, Community Improvement Director Kendra W. Graham, Community Development Administrator July 29, 2004 Community Development Block Grant (CDBG) Annual Action Plan (FY 2004 - 2005) ITEM BEFORE THE COMMISSION This item is before the City Commission for Public Hearing and approval of the Annual Action Plan required by the United States Housing & Urban Development Agency (HUD) for utilization of grant funds. BACKGROUND Pursuant to the Housing Act of 1974, HUD requires all local municipalities and urban counties to prepare local housing plan documents as a condition of receiving federal assistance. Federal Regulation 24 CFR Part 91 governs the local housing plan submission requirements. HUD requires that each municipality and urban county submit a consolidated plan each fiscal year. CFR Part 91 requires the City of Delray Beach to develop viable communities by providing decent housing and a suitable living environment and expanding economic opportunities principally for low and moderate income persons. The City's plan to address these issues must be identified in a one plan document that identifies these goals for all the community planning and development programs, as well as housing programs. The City of Delray Beach's local plan (referred to as "Consolidated Plan") will serve as a planning document, a strategy to be followed in carrying out HUD programs, and documenting the community vision. Citizen participation is integral to the development of the Consolidated Plan. Grantees are required to provide for at least two public hearings per year to obtain the public's views and to respond to proposals and questions. Any comments received from the public which are not accepted must be summarized and included in the final plan as an attachment. The attached Action Plan provides a description of the City's plan to utilize CDBG funding for activities and programs consistent with the Priority Needs delineated in the Five Year Consolidated Plan. RECOMMENDATION Staff is recommending approval of the Annual Action Plan required by HUD to address the needs identified by the Target Area residents. DELRAY BEACH F L 0 R I D A AII-AmericaCity I 1 993 2001 Annual Action Plan 2004 - 2005 .]eft Perlman, Mayor .]on Levinson, Vice-Mayor Patricia Archer, Deputy Vice Mayor Bob Costin, Commissioner Alberta Perry McCarthy, Commissioner David T. Harden, City Manager City of Delray Beach Community Development Division 100 NW 1~t Avenue Delray Beachf Florida 33444 (561) 243-7280 Lula Butler, Community Improvement Director Kendra Graham, Community Development Administrator Ferline Mesidort, Community Development Specialist Dennis Thompson, Housing Rehabilitation Specialist Steven Lee, Housing Rehabilitation ]Inspector Winston Hudson, Neighborhood Program Specialist Annual I. II. III. IV. V. VI. VII. VIII. IX. TABLE OF CONTENTS CITY OF DELRAY BEACH ANNUAL CONSOLIDATED ACTION PLAN 2004-2005 Action Plan Executive Summary Introduction 2 Citizen Participation 2-5 Federal Resources 6 Other Available Resources 6 Activities to be Undertaken 6-8 B. C. D. E. F. G. Housing Rehabilitatiqn Housing Emergency Repair Program Program Administration Demolition Public Facilities and Improvements Economic Development Public Services Geographic Distribution 8 Homeless and Other Special Needs Activities 8-9 Other Actions Undertaken 9-11 B. C. D. E. Address Obstacles to Meeting Under Served Needs Foster and Maintain Affordable Housing Remove Barriers to Affordable Housing Evaluate and Reduce Lead-Based Paint Hazards Reduce the Number of Poverty Level Families Public Housing and Resident Initiatives 11-12 B. C. D. Family Self-Sufficiency Program Residents' Association Carver Estates Youth Program City of Delray Beach/DBHA Partnership Initiatives Certifications Monitoring 13-20 21 Appendix Map Indicating CDBG Target Area Boundaries Copy of Needs Assessment Meeting Advertisement List of Attendees and Advertisement of Notice of Availability of Action Plan Listing of Proposed Projects Funding Sources Application for Federal Funding Assistance (SF 424) CITY OF DELRAY BEACH ANNUAL CONSOLIDATED ACTION PLAN FY 2004- 2005 (October 1, 2004 - September 30, 2005) EXECUTIVE SUMMARY The City of Delray B~ach's Community Development Division operates under the auspices of the Community Improvement Department. In addition to the Community Development Block Grant (CDBG) Program the City receives various additional funding sources aimed at enhancing our community and strengthening our neighborhoods. During the 2004 - 2005 Program Year it is anticipated that the following resources (totaling $1,595,899) will be made available for various planned community development initiatives and programs: Key Sources Amount Program/Source Agency $700,000 CDBG HUD $466,262 SHIP State of Florida $150,000 UDAG Repayment City of Delray Beach $162,637 ADM State of Florida $100,000 CRA Delray Beach CRA $1,578,899 Total Lead Aqency The City of Delray Beach is the lead agency for all funded activities and grant sources received. Housin,q Goals Utilizing the combined resources described above, the City plans to accomplish approximately eight (8) emergency housing repairs, twenty-two (22) substantial and minor housing rehabilitation activities, and provide at least eight (8) new homeownership opportunities under our first-time homebuyer program during this program year. All such activities will serve to directly benefit very-low, Iow-and moderate- income families and households. I. INTRODUCTION The 1993 and 2001 Ali-America City of Delray Beach is entering into its final year of a Five-Year Consolidated Plan. The Plan is a result of the City's strategic planning process--a dynamic and ongoing process that makes use of the talents of hundreds of area residents, business owners, elected officials and agency representatives. Through this process, the City has been successful in bringing the diverse elements of the community together and forging a shared vision of the future and an action plan to achieve that vision. While the impending program year presents exciting challenges for the City, the 2004-05 Annual Action Plan reflects the City's continuing commitment to dedicating local resources and leveraging various funding sources in an effort to address identified community development needs. As in the past, the City plans to utilize all program funding for activities and programs consistent with Priority Needs delineated in the Five-Year Consolidated Plan and the statutory requirements to provide decent housing, suitable living environments and expanded economic opportunities, particularly for those with Iow and moderate-incomes. This year's planned use of CDBG funds focuses on the continued preservation and expansion of the City's affordable housing inventory, provision of subsidized child care services and programs for the children of Iow-income families, infrastructure improvements, economic development, drug sales eradication and crime prevention, parks and recreational facilities improvements in the CDBG Target Area, homeless prevention initiatives, and promotion of fair housing education and enforcement. II. SUMMARY OF CITIZEN PARTICIPATION INITIATIVES The City of Delray Beach makes a concerted effort each year to involve all interested citizens, organizations, homeowner's associations and other interested persons in our Consolidated Planning process. The City's Annual Needs Assessment Meeting was held June 23, 2004 at 6:00 p.m. at Pompey Park, a local community/recreational facility located within the NW section of the City (within the CDBG Target Area). A listing of attendees is included in the appendix to this document. Residents, citizens, applicant organizations and our network of Homeowners Associations were informed of the meeting through advertisement in a local newspaper of general circulation, individual letters, letters to HCA representatives and the City's Renaissance Housing Program partners, and announcements at various events and meetings throughout the City. At the meeting, City staff presented information about the planning process, described the federal funds expected to be available, described our proposed priorities for the coming year, and encouraged attendees to make comments about perceived community development needs for the upcoming year. Comments received from residents mainly centered on their concerns for Carver Square, gang-related crimes/violence, and the use of CDBG funds to address these issues. Comments have been grouped by subject matter and a summary of each as well as the response is as follows: Citizen Comments: Carver Square - Some residents from the Carver Square Homeowners Association attended the meeting to express their concern about the condition of their homes which were build in the 70's on a dump site. They are now experiencing severe structural damage. Questions were raised about the possibility of CDBG funds being used to temporarily relocate residents; purchasing existing damaged homes and providing replacement housing. This issue was addressed by homeowner's Pat Nelson, Rhonda Alexander and resident Al Williams. Marcus Gould also commented on this issue. Response: The City and the Community Redevelopment Agency are working together with the residents to find a resolution to the problem. Several meetings have been held with the homeowners. The CRA has asked EPA to conduct hazardous waste testing at the site. Once the results are received, the CRA and City will meet with the residents to discuss possible options. Ganq Activity - Bernard Quince, a member of the MAD DADs Street Patrol spoke about the increased gang activity and the use of CDBG funds to create programs to alleviate gang violence. Marcus Gould and Chuck Ridley also made comments regarding gang violence/crime. Response: City has created programs and addressed the issue of gang activity through the Police Department, Community Policing and Weed and Seed. No proposals were received requesting funds in support of crime prevention activities. Southridqe Neiqhborhood - Residents Luis Martinez and Santalicio Martinez wanted to know if Cedar Ridge Road is scheduled to be paved, and if so - when? Is there a way to get "quick street paving?" Luis Martinez also expressed concern about illegal dumping occurring in the area. Response: Contact Randal Krejcarek, the City Engineer. He has a list of scheduled street improvements throughout the City and anticipated startJend dates. Streets are rated and the rating determines the level of priority. Code Enforcement personnel will be directed to investigate the illegal dumping activity. 4. Use of funds allocated for Public Service activities - (During the presentation, it was explained that there is a 15% cap on PS activities; that nine proposals had been received and that CD staff was still evaluating the proposals.) Resident Al Williams asked what agencies were being funded and in what amounts. He expressed a concern with not being able to comment on what agency should receive funding since he didn't know who was being recommended for funding. He also asked if any funds were being allocated under PS for gang prevention activities and to assist the Carver Square homeowners. In addition, Mr. Williams asked how citizen input/recommendation is handled. Response: A copy of the spreadsheet listing the agency names, amount of funding request, project summary, national objective criteria, etc. is available to the public. A copy could be faxed, mailed or picked up from the CD office. The evaluation process will be completed and recommendations for funding available prior to the August 3rd public hearing. Comments can also be made at that public hearing. No proposals were received from agencies wishing to undertake crime prevention activities. CDBG funds are not the best use for the Carver Square problem, which is currently under review by the CRA and City Commission. Comments from tonight's public hearing will be summarized and presented to City Commission for their review and/or action. Chuck Ridley wanted to clarify that some of the questions received were probably not pertaining to the proposed uses because the advertisement indicated that the Needs Assessment Meeting was a venue for residents to "come and address issues of concern in their community." He also asked if CDBG dollars could be used to leverage other dollars, such as Section 108 funds, for projects such as Carver Square and possibly to "jumpstart" the SW Redevelopment Plan. Response: CDBG funds can be used as a guarantee for repayment of Section 108 funds. Applying for Section 108 dollars falls under the pervue of the City Commission. 6. Mary Alford asked if the City could install right turning lanes on SW/NW 12th Avenue at Atlantic Avenue. Response: This request is outside of CD's prevue. Comment will be passed on to the City Engineer's office. 7. Nadine Hart asked how neighborhoods can receive beautification improvements. Response: A formal request should be submitted through the neighborhood association. Also, individual homeowners can apply for assistance under the City's Bootstrap Program. 8. Derrick James questioned whether the proposed use of funds was the final decision. Response: Comments from the meeting will be summarized and presented to the City Commission for their review and/or action prior to final approval. Also, at the August 3rd public hearing, City Commission would hear comments from the public. 9. Seabron Smith asked how agencies/activities were selected for funding. Response: All proposals are reviewed to determine if activities are eligible under CDBG regulations and if the proposed project meets one of three national objectives. A risk analysis is done to determine program complexity, subrecipient capacity and, if agency has received CDBG funds in the past, whether or not there were any problems and the results of any monitoring visits. The Delray Beach City Commission held a formal Public Hearing on August 3, 2004, for final comments/input and formal approval of the Annual ConsoLidated Action Plan. Comments received at the Public Hearing were transcribed, certified by the City Clerk and included in the appendix to this document. III. FEDERAL RESOURCES The City receives an entitlement grant from HUD under the CDBG Program. During the 2004-2005 Plan Year, the City expects to receive $700,000 in entitlement funds. These funds are used for housing programs administered directly by the City's Community Improvement Department and to carry out non- housing community development activities of the Department. The actual programs, activities and initiatives to be funded under the formula entitlement are described in Section V of this document. No other federal resources are expected to be received during the upcoming program year. IV. OTHER AVAILABLE RESOURCES As mentioned in the Executive Summary, the City also expects to receive $469,262 in funding assistance under the State of Florida's State Housing Initiative Partnership (SHIP) Program for the 2004-2005 Program Year. The City's SHIP dollars are targeted to provide increased funding in support of our Owner-occupied Housing Rehabilitation Program and act as the primary funding source for the City's successful first-time homebuyers program. These programs provide homeownership opportunities for families and households at or below 100% of the Median Family Income (MFI) for Palm Beach County. The Delray Beach Housing Renaissance Program (local partnership) utilizes SHIP Program funds in support of new construction activities as well as the acquisition/rehabilitation of existing units. The City has also been awarded $162,637 in State (pass through) grant funds for the 2004-2005 Program Year in support of Children and Adult Substance Abuse Prevention Programming efforts The funds are provided to the City through the State of Florida Department of Children and Families, Alcohol, Drug Abuse and Mental Health Program Office- District 9. In addition, the City also intends to provide $150,000 in funding assistance via revenue received from the repayment of an Urban Development Action Grant (UDAG) investment. The City received UDAG funds from US HUD in the amount of $3.8 million that was subsequently loaned to the developers of Auburn Trace, an affordable multi-family rental housing complex located within the CDBG Target Area (as a component of the project's financing). Funding will be used for Homeowner's Association activities and programs, exterior improvements to residential units within a specified target area, the acquisition of vacant residential parcels for conveyance to very Iow and Iow income households (for infill housing purposes), and other identified community development initiatives. V. ACTIVITIES TO BE UNDERTAKEN CDBG Program funds in the total amount of $700,000 will be utilized in support of the City's holistic approach to community development. Funds will compliment other resoumes received and utilized to address identified needs. 2004-2005 Program Year funds under the CDBG Program will be utilized in support of the following activities and programs: Owner-Occupied Housin.q Rehabilitation (HR) Pro~ram Providing for the substantial rehabilitation of approximately eight (8) owner- occupied residential homes located within the identified CDBG Target Area (and administrative expenses associated with two full-time positions). All program participants must be determined income-eligible in order to receive assistance. A waiting list of approximately eighteen months to two years currently exists. The primary goal of this program is to enable income-eligible households to maintain a safe, habitable and suitable living environment and assist in stabilizing our neighborhoods. The City is further interested in maintaining (and expanding) its current inventory of affordable units for our citizens. Owner-Occupied Housing Emen3encv Repair {ER) Pro_qram Providing for the emergency repair of approximately eight (8) owner-occupied residential homes located within the identified CDBG Target Area. All program participants must be determined income-eligible in order to receive assistance. Those applicants awaiting assistance under the Housing Rehabilitation Program can receive emergency assistance if the home requires such during the waiting period. Applicants are also considered as emergency situations arise. The primary goal of this program is to enable income-eligible households to remain in their homes following the occurrence of an identified emergency situation. All ER's require verification by the Division's certified Building Inspector and approval by the Division Administrator. CDBG Pro,qram Administration Providing for the overall administration of the CDBG Program and Community Development Division. Eligible program administration costs include staff and related costs required for overall program management, coordination, monitoring, reporting, and evaluation. This amount also includes an allocation to the Greater Fair Housing Center of the Palm Beaches, Inc., (FHC) for Fair Housing services in the amount of $3,000. These costs are subject to a statutory limitation of not more than 20% of the annual grant funds plus program income. Demolition This program utilizes funds to demolish undesirable structures to eliminate slum and blighted conditions. Other Public Facilities and Improvements (Infrastructure Improvements) Providing funds for infrastructure improvements to neighborhoods in the SW section of the City. This area is located within the established CDBG target area and is targeted for redevelopment. The selected improvements will be determined during the course of the program year. Economic Development {T.E.D. Center & PBC Resource Center) The Center for Technology, Enterprise and Development and the PBC Resource Center will provide technical assistance to local businesses within the targeted area. Public Services Funds in support of various eligible public service activities consistent with needs identified in the City's Five-Year Consolidated Plan and are subject to a 15% cap of annual allocation. All proposed activities serve Iow and moderate-income persons: · Community Child Care Center Funds in support of subsidized childcare services and after school care for Iow and moderate - income persons (limited clientele beneficiaries). Allocation serves to offset direct program delivery costs at the childcare center. · Urban League of Palm Beach County Funds are in support of the Urban League Palm Beach County's Comprehensive Housing Counseling Program (housing counseling and emergency intervention programs) for Iow and moderate-income persons. Allocation serves to offset costs associated with one part-time service delivery position in the Delray Beach office. · Cub Scouts of America {Villa.qe Academy) Funds are in support of a cub scout pack at Village Academy which is a school located in the heart of the CDBG target area. The school serves very Iow-, Iow- and moderate-income households (limited clientele beneficiaries). This program is aimed at giving area youth experiences in outdoor activities, building character education and providing them with opportunities to make ethical choices. Allocation serves to offset costs associated with four part- time service delivery positions and direct program costs. VI. GEOGRAPHIC DISTRIBUTION All CDBG activities funded under this Plan will be concentrated within the identified CDBG Target Area/NRSA Census Tracts 65.02, 67, 68.01, and 68.02. The CDBG Target Area is identified as Lake Ida Road to the North, Linton Boulevard to the South, US 1 to the East and 1-95 to the West. A location map of the Targeted Area is included in the appendix to this document. VII. HOMELESS AND OTHER SPECIAL NEEDS ACTIVITIES The City of Delray Beach will continue its commitment to assist the homeless and other special needs populations and those agencies providing direct services. Under this year's CDBG allocation, funding support has been allocated to the Urban League of Palm Beach County in support of their Comprehensive Housing Counseling Program and emergency intervention programs in an effort to prevent homelessness as well as assist persons with special needs in locating and obtaining affordable housing. The City's Housing Renaissance Program (first- time homebuyer's) strives to assist those families and households that are considered to have special needs as well. The Community Development Division staff is directly involved with the Homeless Coalition of Palm Beach County, Inc., and serves in various committee positions in an effort to address homelessness and the needs of very Iow-income persons throughout the County. The Division is also involved through membership on the Steering Committee of the Palm Beach County Affordable Housing Collaborative. VIII. OTHER ACTIONS TO BE UNDERTAKEN The City of Delray Beach's Community Improvement Department has received accolades for its holistic approach to community development, including targeted code enforcement, a diversity of funded activities, programs and initiatives, and our commitment to long range goals established through our community driven Visions process. The City will continue to work with the local institutional structure identified in the 5-Year Consolidated Plan (City, County, community action and social service agencies, Housing Authority, public and private non-profit organizations, etc.) to achieve coordinated and efficient provision of services. A. Address Obstacles to Meetinq Under Served Needs The City of Delray Beach is committed to meeting the various and diverse needs of its citizens. On an on-going basis the City is involved with numerous initiatives and has successfully formed various essential collaborative agreements with area agencies and service provider organizations focused on meeting the needs of our citizenry. Our various programming efforts utilizing CDBG, SHIP, and general revenue funds allow us to impact numerous needy families and households on an annual basis. Our unique network of Homeowner's/Neighborhood Associations fosters communication throughout the City at the neighborhood and resident level. Each and every obstacle is addressed as it presents itself to the City and the Community Improvement Department. B. Foster and Maintain Affordable Housinq The City will continue its commitment to the preservation of its current inventory of affordable residential housing units through the availability of several essential on-going rehabilitation programs and neighborhood beautification initiatives. Also, through our Housing Renaissance Partnership program, utilizing funds made available under the SHIP Program, we will continue to increase homeownership opportunities for first-time homebuyers. During the upcoming program year, the City anticipates an increase of approximately 8 affordable units. C. Remove Barriers to Affordable Housin.q During this program year (04-05), the City of Delray Beach will continue to focus attention on the delivery of housing and the problems associated with citizen's ability to access/obtain affordable housing. The City will continue to pursue the eradication of barriers to affordable housing by following steps outlined in the Local Housing Assistance Plan (LHAP). The City is still experiencing a shortage of vacant parcels (for infill housing purposes) due to title marketability issues, which has translated into a decrease in the flow of new affordable unit construction.. Discussion is currently underway regarding the possible waiver of minimum lot size requirements in support of affordable housing unit production. This initiative is an example of one barrier the City is currently and actively attempting to address. Delray Beach, like many locations, experienced sharp increases in housing costs relative to wages throughout much of 2004. Low interest rates and a strong economy meant that those selling or refinancing their homes could secure appraisals and sales prices that made it difficult for Iow-income persons to find affordable housing. Through its Housing Renaissance Program, the City continues to partner with local CDCs, the Public Housing Authority, local housing developers and a consortium of financial lenders to use its annual SHIP allocation to provide affordable housing. Aisc, the City has awarded CDBG assistance to the Fair Housing Center of the Greater Palm Beaches, Inc. in support of Fair Housing education and enforcement. D. Evaluate and Reduce Lead-Based Paint Hazards The City continues to educate homeowners and homebuyers regarding the hazards of lead based paint. All units constructed prior to 1978 (and receiving assistance from CDBG programs) where children were present are visually inspected to determine the condition of all painted surfaces. If the surfaces show signs of chipping or peeling, the unit will be tested for lead based paint. If detected, all potential health risks associated with lead based paint are explained to the homeowner/homebuyer. Rehabilitation Program staff strongly recommends testing for elevated blood levels and treatment if necessary. The unit is then evaluated to determine the necessary measures to be taken in order to create a safe environment for the family occupying the particular unit. The City follows Interim Controls and/or Abatement of lead based paint hazards according to Title X. l0 E. Reduce the Number of Poverty Level Families The goals, objectives and actions outlined in the 2000-2005 Consolidated Plan and in this Action Plan are intended, in all cases, to assist those currently living in poverty by providing them with resources to move out of poverty, or to assist those in danger of moving into poverty to remain out of poverty. The City's holistic approach to community development provides various programming efforts and initiatives (as described throughout this document) aimed at reducing the number of poverty level families. Various partnerships with area social service and housing provider agencies greatly increase the effectiveness and efficiency of our commitment. IX. PUBLIC HOUSING AND RESIDENT INITIATIVES The Delray Beach Public Housing Authority has always been committed to improving the quality of life for both Public Housing and Section 8 residents. In recent years there have been major concerns about the structural integrity of the buildings which comprise the DBHA complex. In May of 2004, the Housing Authority Board commissioned an engineering study to determine the extent of the problem. The study came back with the recommendation for demolition and replacement of the existing buildings on the DBHA site. The DBHA has issued an RFP to hire a consultant to oversee the relocation, demolition and redevelopment of the public housing complex. In addition, they are currently in the process of preparing an RFQ for the design of a new facility. It is anticipated that the relocation of existing residents will occur within the next year. The City is fully committed to supporting the DBHA in its relocation and replacement efforts. During the transition period, the DBHA will continue to offer programs which provide viable, substantial alternatives to participation in crime and drug activities and programs designed to promote true self-sufficiency through economic development. The following programs currently operating at the DBHA are among the strategic and tactical plans undertaken to be consistent with the goals of the Consolidated Plan. A. Family Self-Sufficiency Pro.qram The DBHA's Family Self-Sufficiency (FSS) Program provided economic support and case management to approximately 45 Section 8 and 14 Public Housing tenants. The FSS program provides a holistic approach to service delivery that includes homeownership, childcare, adult education, vocational training, social and economic counseling, employment counseling and placement, medical, transportation and schools. A family-centered approach is utilized as well, so that the needs of each family member are addressed. To date the program has assisted over 20 families in obtaining homeownership and several families are in the process of purchasing a home. The ultimate goal of the program is to reduce families' dependency on housing and [1 Do economic subsidies by providing significant linkages to soumes for employment, education and other services consistent with this goal. Residents' Association The Carver Estates Residents Association is an active entity serving as the voice for the community. The association meets monthly to discuss relevant issues of the community and to provide feedback to the Housing Authority regarding its management and customer service. Attendance at its monthly meetings averages 35-40 residents. Carver Estates Youth Proqram The mission of the Carver Estates Youth Program (CEYP) is to encourage and nurture positive lifestyles by offering academic, recreational, cultural and social programs for the youngsters of Carver Estates. There are approximately 400 children living in the public housing complex. The CEYP serves up to 50 children from grades K-12. The DBHA provides an annual contribution of $15,000 plus in-kind services to the Carver Estates Youth Program's $168,000 budget. The remaining funds are provided through the Children's Services Council, the previously mentioned Cultural Council and private donations. City of Delray Beach/DBHA Partnership Initiatives 1. Homeownership Proqram The DBHA contributes subsidy monies as a partner in the "Best Practices" award winning Delray Beach Housing Renaissance Program, Subsidies contributed by the Housing Authority are targeted towards the lower income family (below 60% of median). Since the beginning of the program the DBHA has assisted over 21 families with the purchase of new homes. 2. Security and Cdme Prevention Through its partnership with the City of Delray Beach, the DBHA has been provided two full-time Community Oriented Police Officers in addition to a special security detail that was first contracted through a 1992 Public Housing Drug Elimination Grant. This added security allows for the continued enforcement of the "One Strike, You're Out" policy. Additionally, the Authority was granted $60,000 in 1998 PHDEP funds to provide for the installation of security cameras at the Public Housing complex. The security cameras have been installed and are monitored daily. 12 X. CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to ovemome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME program~. Drug Free Workplace -- It will or will continue to provide a drug-free workplace by: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - (a) (b) (c) (d) The dangers of drug abuse in the workplace; The grantee's policy of maintaining a drug-free workplace; Any available drug counseling, rehabilitation, and employee assistance programs; and The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; t3 Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date City Manaqer Title ]4 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both shod-term and long- term community development objectives that provide decent housing, expand economic opportunities primarily for persons of Iow and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following.criteria: Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit Iow and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2004 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of Iow and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons dudng the designated period; Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of Iow and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not Iow-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force - It has adopted and is enforcing: A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint -- Its notification, inspection, testing and abatement procedures concerning lead- based paint will comply with the requirements of 24 CFR {}570.608; Compliance with Laws -- It will comply With applicable laws. Signature/Authorized Official Date City Manaqer Title 16 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbyinq Certification This certification is a matedal representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Druq-Free Workplace Certification By signing and/or submitting this application or grant agreement, the grantee is providing the certification. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Delray Beach City Hall 100 N.W. Ist Avenue Delray Beach, Florida 33444 Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 24, subpart F. t7 Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). ]8 PAGES 19 & 20 RESERVED XI. MONITORING The City of Delray Beach will continue to monitor CDBG funded projects, activities, initiatives and subrecipients in accordance with regulations and statutes governing all such activities. The CD Division is currently revising its process for monitoring sub-recipient agencies that receive funding assistance for public service related activities. The Division is currently developing a revised and improved Audit Control System as well. Construction supervision of rehabilitation activities is conducted by certified inspection staff during the entire rehabilitation/improvement process. Sub-recipients of CDBG funding assistance enter into a written formal agreement/contract with the City of Delray Beach; this agreement was developed in accordance with governing regulations. 21 CO~UN]TY D[~VF~L©P~E. NT I~LOC~ GRAF~T - TA[RGET AREA CITY OF DELRAY BEACH PUBLIC MEETING NOTICE COMMUNITY DEVELOPMENT BLOCK G~RANT (CDBG) ,,,~ANNUAL NEEDS ASSESSMENT The Department of Community Improvement invites all interested citizens, agencies, organizations, and homeowner's associations to attend the first of (at least) two scheduled public meetings. The purpose of this meeting is to obtain your views and input (and report on prograra performance) prior to adoption of the 2004-2005 Action Plan. The meetin¢~ will be held on Wednesday. June 23, 2004 at 6:00 ~3.m. at the Pompey Park Recreation Center. 1101 N.W. 2nd Street. This is conducted in (~ompliance with federal regulations governing the Consolidated Planning process. Community input will be requested as to the proposed s. ending plans for funds under the Community Development Block Grant ($700,000)_ and the State Housing nitiative Partnership ($466,210) Programs. All applicable input received from the public will be reviewed and considered during the development of this year's Annual Plan. If you have any questions regarding this process, the Annual Consolidated (Action) Plan, the CDBG Program, or the State Housing Initiatives Partnership (SHIP) Program, please contact Kendra W. Graham, Community Development Administrator at (561) 243-7282. Publish: June 7, 2004 Boca Raton/Delray Beach News Ad #NS06045 City of Delray Beach Community Development DiVision Annual Needs Assessment Meeting St'GN~]'N SHEET (3une 23, 2004) City of Delray Beach Community Development Division Annual Needs Assessment Meeting SIGN-IN SHEET (3une 23, 2004) CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT NOTICE OF AVAILABILITY : - FY 2004 ONS LIDATEO ANNUAL ACTION PLAN Is availabl~ fa: revinw ~ '* Delr°Y Beorh PuMic Library, 29 SE 4th Avenue, NelcQY Beech ~ Delroy R~Qrh Housing Anthorily, 770 SW 12th Terrace Delr°y 8each Commueily Development Divis on, Gly Hall, 100 NW l sl A~'e~ue, Ddroy Be~ Action rfan~ the:(:ily at~ Delco bolds. Similar AssisloncePlon services isdefermineduttheUmeof PROPOSED CDBG ACTIVI11F~ requiremenls. OWNER-OCCUPIED-HOUSIN(; REHABILITATION [HR) and EMERGENCY REPAIR ~cevides bomenwnec essislo~e 'or [he subslentiel repair and rebobi]ifo OR of exid nfl owner-occapied residefltiol slce~e8s']ol~ loc emergeflry repair of rusidentiel homes oceled wUhin the identi~ind CDBG TQcpe! ~ren. FomJing is also provided t%r ndmin- islrolive expenses ussucinled with lwo full lime pusUinns. CDRG PROGRAM ADMINISTRATION $134,870 This QcNvUy indodes geaecd managemenl, oversJgbl, and coordination of the CDRG program and CommuoJly Development Division. DEMOUTION S 7,O00 ~ram utilizes tunds lo demolish undesirable sfrudurus lo diminote slum and blighl. OTHER PUBUC FAOUTIES AHD DAPROVEMENTS (INSTANT ON OF S DEWALI(S) S75,000 Wides tends tar the insfalloDue o! pedestrian sidewalks wilhin the CDR(; Turgot Area in support al the SW Neighborhood Redevelopmenl Plan ECONOMIC DB/ELOPMEHT (TED. CENTER and PSC RESOURCE CENTER , S 30,000 ~echnicel ussislance is available Io businesses located in or wa be relocating within lhe COB(; Target Area. PUBUC SERVICES S 105,000 ~ of various digl'ble public service a ,divilies (Commuei~, (]lJld Core Center, Urban League Of PBC, Cub Scouts of America) consisleal with eneds identified in the EHys Five-Year Consel~ofed Plan and are subject fo a 1S% cap of annual allo- cation The proposed Annual Action Plan is available ut the locafiues above as of the dote of the publicofina of this notice, Jul'/4, 2004. M wriflen commeofs received in ~ CommunUy Development Division of the address below by Jdy 30, 2004, will be respond- ed lo prior Ia submiltel lo HUD. Sobm written comments lo, or if you hove any' questions or would like fudher infommfien, please call Kendro Graham, Communily Developmenl Adminish'ofor~ of {56J) 243~7280 or vP-.D the Qys (ommuniiy Development Division ut Delray Dead1 C'dy Hall, I OONW 1si Avenue Ddco¥ Reach, FL 33444. 6Nzeus who require spa:tel ~- lance ore encouraged Io cell the above lelepbone number so thai Spe(JQ arrengemeofs can be mode. Publish: Sunday, July 4, 2004 Bard Rofon/Ddr~ 8eodt News Ad~NSO701 0 m 0 m C) z z G') -0 ~ ~m0 0 00~o o o o oOoo 0 0 O1 z z 0 0 0 r- ~.n Z Z o < o o ~ m -r ~ (.n z z ° ~ FUNDING SOURCES FY 2004-2005 Entitlement Grant (includes reallocated funds) CDBG Program Costs $428,360 Administration (20% cap) $136,640 Public Service (15% cap) $105,000 Economic Development .$ 30,000 ESG HOME HOPWA Total $700,000 $0 $o $o Prior Years' Program Income NOT previously programmed CDBG $0 ESG $0 HOME $0 HOPWA $0 Total Reprogrammed Prior Years' Funds CDBG $0 ESG $0 HOME $0 HOPWA $0 Total Total Estimated Program Income TOTAL FUNDING SOURCES Other Funds Submitted Proposed Projects Total Un-Submitted Proposed Projects Total or reported $700,000 $0 $0 $70O,00O $0 $698,290 $ 1,710 Agenda Item No.: [ ~ ,~ AGENDA REQUEST Request to be placed on: __ Regular Agenda __ Special Agenda __ Workshop Agenda __ Consent Agenda Date: July 28, 2004 When: August 3, 2004 Description of item: City Commission approval of the Annual Action Plan required by the United States Housing & Urban Development (HUD) Agency for utilization of grant funds. ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: Yes/No Recommendation: Staff recommends approval of the Annual Action Plan required by HUD to address the needs identified by the Target Area residents. CDBG Total: Account Number: Department Head Signamre:~ 1~~1/~~. _ ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (ifapplicable) City Manager Review: Approved for Agenda.~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Q/NO Approved/Disapproved [lTV I)F I)ELRrlV BEI:I[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 5611243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7090 MEMORANDUM DATE: July 8, 2004 TO: FROM: David T. Harden, City Manager Lula Butler, Director of Community Improvement Janet Meeks, Education Coordinator Terrill Pyburn, Assistant City Attorney SUBJECT: Ground Signs Attached please find a revised ordinance on ground signs incorporating some of the changes suggested at the last Commission meeting. Some of these changes include, height and face of the sign have been reduced and provisions have been added to allow more than one sign per pole. Please contact me if you have any questions. Thank you. ORDINANCE NO. 44-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 14-04, BY ENACTING A NEW SUBSECTION 4.6.7(E)(3)(e), "GROUND SIGNS", TO AI.I.OW THE PLACEMENT OF CERTAIN GROUND SIGNS IN CERTAIN LOCATIONS; BY AMENDING APPENDIX "A" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO PROVIDE FOR THE DEFINITION OF "GROUND SIGN"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AN INCLUSIONARY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of De]ray Beach, Florida, has determined it to be in the public's best interest to establish reasonable regulations regarding ground signs in order m prevent safety hazards and protect property values. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DFJ~RAY BEACH, FLORIDA AS FOLLOWS: ~ection 1. That Paragraph 4.6.7(E)0) of Ordinance 14-04 is hereby amended to read as follows: (3) Special Purpose Signs and Signing: Permits for the following signs may be issued administratively provided that the provisions contained herein are complied with. (a) Directional Signs for Churches, Civic, or Recreational Facilities: General directional signs for civic, church, or recreational facilities up to a maximum of four (4) shall be allowed in the City street rights-of-way subject to the approval of the City Engineer and/or his/her designee. The number of directional signs permitted for each qualifying applicant shall depend upon the location and need of the traveling public. The dimensions of the directional signs shall be no greater than eight (8) inches by thirty (30) inches per sign. The signs must be designed and installed in accordance with these LDRs. A permit to work in the right-of- way must be obtained by the City Engineer or his/her designee. C°) Gasoline Pricing Signs: Signs may advertise the price of gasoline subject to the following restrictions: 1. Not more than twelve square feet (12 sq. ft.) per sign face. 2. If free standing, it shall not exceed five feet (5') in sign height. Ifa part of a permanent free standing sign, the price sign shall be included in the area of the permanent sign. One s'xgn is permitted per frontage with a maximum of two signs per site. Signs placed on pumps shall not exceed three square feet (3 sq. ft.) per dgn face nor a total of six square feet (6 sq.ft.) per sign. (c) Grand Opening Bnnner. One banner may be placed on the building of a newly opened business pursuant to the following: 1. Display is limited to four (4) weeks. The banner shall not exceed an area of fifty square feet (50 sq. ft.), The banner may not be more than fifteen feet (15)' above the grade, and must be placed on the building of the business, in the front of the business. 4. Banners shall be made of color fast material. (d) Grand Opening Portable Signs: Portable signs shall only be allowed within the Central Bus.mess District (CBD). In addition to a Grand Opening Banner, one Portable Sign may be placed directly in front of the building of a newly opened bus.mess pursuant to the following: 1. Display is limited to four (4) weeks. The portable sign frame structure shall not exceed 2' x 4' in area with the sign face area not to exceed 2' x 3'. A permit sticker must be obtained and clearly displayed on the Portable Sign frame. A portable sign placed on the sidewalk must be located in such a manner that it does not impede the five foot (57 pathway parallel to the street for through pedestrian traffic. If placed on that portion of the s.~dewalk that is located within a public right-of-way, a hold harmless agreement in a form acceptable to the City Attorney shall be provided. (e) Ground S'_~ns: Within the Central Business District (CBD). bus'messes that do not have frontage on a public street, such as businesses located within a courtyard, may place one (1) 2 ORD NO. 44-04 ~ound sign on private property., or if none available, then on the public right-of-way between the property, line and the curb pursuant to the following: 1. Ground s'_mns shall not exceed four (~3 square feet in area. and the lower edge shall be a minimum of five (5) feet high above the sidewalk. 2. Wherever possible, more than one (1) si_tm should be affixed to a pole. 3. The des'~mn shall be the same for all ~ound signs and shall be a desigm that is pre-approved by the City. 4. The location of such si_tins shall be sub!ect to the approval of the City. to insure that the s'_~m does not interfere with pedestrian traffic or parking. (~5~-~ Historic Signing: Signs which are building mounted or free-standing which provide information of historic value. Said signing shall not exceed six feet (6') above grade when free- standing and shall not exceed three square feet (3 sq.ft.) in area in any circumstance. Such signing shall not be permitted until approval has been gamed from the Historic Preservation Board. 1. Maintenance of Nonconforming Nostalgic Signs: SLgns that have an historic or nostalgic appeal, and constitute artistic expression, and not solely advertising may be exempted from the removal requirements if a recommendation by the Historic Preservation Board is approved by the City Commission. 0) An owner of property on which an existing nonconforming sign is located may request the Historic Preservation Board to recommend to the City Commission that the existing nonconforming sign be desLgnated as a "nostalgic sign." In considering whether to recommend that the existing nonconforming sign be designated as nostalgic, the Historic Preservation Board shall consider the sign's value as a part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. The Historic Preservation Board shall review the criteria contained in Section 4.5.1, of the Land Development regulations prior to making its recommendation. 3 ORD NO. 44-04 Any existing nonconforming sign designated as a nostalgic sign must be maintained in good condition. If at any time the sign becomes unsightly, or becomes a danger to the public health, safety, or welfare, the City Commission, following notification to the owner, may remove the nostalgic designation and set a date by which time the sign must be removed. (~g~ Menu Board Signs: Signs used by businesses to advertise prices of items in conjunction with service at a drive-thru window, such as fast-food restaurants, may be pemaitted as long as the size of the menu board does not exceed seven feet (7') in height, nor twenty four square feet (24 sq.ft.) in size. 4~_.~ Murals and Signs Within Murals: A large painting or drawing affixed m the wall of a building located in commercially zoned districts shall be subject to approval by the Site Plan Review and Appearance Board or the Historic Preservation Board. The mural shall not directly represent or constitute advertisement of the goods, products, or services provided on site. If any portion of the mural includes identification of the establishment or the goods, products, or services provided on site, only that portion of the mural which specifies such information shall have its area included in the calculation of the sign area. Non-Residential Real Estate Signs: A permit may be granted to allow for the placement of one non- illuminated freestanding real estate sign advertising "For Sale", "For Rent", or "For Lease" and may identify the seller or agent along each street frontage, including those located within a historic district. Non-residential Real Estate Signs shall not exceed thirty-two square feet (32 sq.ft.), and shall be limited to seven feet (7') in height. Within a non-residential property located in a Historic District, real estate signs shall not exceed sixteen square feet (16 sq. ft.), and shall be limited to seven feet (7') in height. (i-).0~ Parking Area Signs: Parking area signs, as specified herein, provided the sign contains no more than the name of the building or development and the words, "Entrance", "Exit", "Parking for...", or "Entrance for..." or their equivalent, may be erected at each point of ingress and egress to a parking lot or parking area, and the signs shall not exceed four square feet (4 sq.ft.) in area nor extend to a greater height than five feet (5') above the ground, and shall be erected within the parking area. Only one sign shall be allowed at each point of ingress and egress, provided the signs do not create a traffic or pedestrian hazard. 4 ORE) NO. 44-04 -0)-~--~ Special Event Non-Roadway Banner Signing: Special signing, in accordance with this Subsection, may be allowed by the Chief Building Official or his/her designee, for spec'ml events if it is determined that the sign type meets the following criteria: the sign provides notice to the public of a public meeting or other public event, 2. the sign is temporary and for a limited time, and 3. the sign, if allowed for a limited time, v~fll meet the following criteria: (i) the sign will not conceal or obstruct adjacent land uses or signs, the sign will not conflict with the principal permitted use of the site or adjoining sites, the ~tgn will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and the sign will be installed and maintained in a safe manner. The approval, or disapproval, of such sign shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such sign. The Chief Building Official or his/her designee shall render a decision within ten (10) days after an application is made for utilizing this sign type for a spec'ml event. Such a decision shall be deemed an admimstrafive interpretation and any person adversely affected has the right to appeal the decision to the City Manager. 4. Each sign limited to less than twenty square feet (20 sq. ft.) in area; Allowed ten (10) days prior to the event and must be removed by the second day after the event. Special Event Roadway Banner Signing: Roadway Banner Signs: may be approved and issued by the S'~a Administrator under the direction of the Director of Community Improvement, for special events for City or City co-sponsored events. Such signing shall be subject to the following standards: The Roadway Banner Sign must be no more than three feet (3') in height by twenty-four feet (24') in length, and placed at least 5 ORD NO. 44-04 fifteen feet (15') above the surface of the roadway on City installed poles. The Roadway Banner fflgn must be constructed with a standard vinyl awning material and meet wind load requirements. The text of a roadway banner shall be limited to the name of the special event, the date or dates of the event and the name or logo of the City and the name or logo of the association or organization co-sponsoring the event. Display of the Roadway Banner Sign will be limited to a maximum of ten (10) days prior to the event and must be removed by no later than two (2) days after the event. Roadway Banner Signs will only be allowed to be displayed at the following intersections within the City limits and on City installed poles NE l't Avenue and East Atlantic Avenue; and Pineapple Grove Way and East Adanfic Avenue within the arch {t-)(m) Subdivision Entrance Signs: Residential subdivision entrance signs shall be subject to the following standards: Such signs may be either one double faced sign or two signs where there are two walls at the entrance and where the signs are permanendy affixed to the walls at each entrance of the subdivision; Each sign area shall be no greater than thirty-six square feet (36 sq. ft.) in area; Such subdivision en=ance signs are permitted within all residential zoning districts; Such subdivision entrance signs may be erected within fights-of-way or median strips adjacent to the subdivision if approved by the City. A subdivision sign may also be located within the setbacks of private property within the subdivision or adjacent to the subdivision or adjacent to the subdivision within the guidelines set forth in 4.6.7(F)(3), if such dgn was in existence as of Jnly 1, 1988. 6 ORD NO. 44-04 Any such sign erected within a right-of-way or setback shall be at least ten feet (10') from a paved roadway and signs located within a median shall be at least five feet (5') from any paved roadway; Any such signs approved for location within the right-of-way or median, if such fight-of-way or median is not within the jurisdiction of the City, shall obtain written permission from the governmental entity controlling the fight-of-way or median to erect the sign in a requested and approved location; Any signs proposed to be located on adjacent private property shall be approved and permitted by the owners of the adjacent property. Any such signs lying on private property shall be considered an additional permitted sign without regard to other applicable sections of this code; and All signs proposed to be located within a fight-of-way or median shall be reviewed and approved by the City Engineer or appointed designee for compliance with this section. t~%-~)~0)_ Temporary Business Identification Sign: A temporary Business Identification Sign shall be allowed to be placed on the building facade once a sign application has been submitted and shall be removed within sixty (60) days from date of sign permit application. {~a-).(~ Temporary Construction/Development Signs: New construction, renovation work or temporary development signs shall be subject to the following standards: Freestanding Sign: One sign per street frontage, non-illuminated, with a sign area of not more than thirty-two square feet 02 sq.ft.), nor more than seven feet (7') in height. Sign Located on a Building: One sign per building frontage, non- illuminated with a sign area of not more than th/rty-two square feet (32 sq.ft.). The sign may be installed at the time of submission of a building permit application. It must be removed upon expiration of building permit or building permit application or when the project obtains a Certificate of Occupancy. {o-).(p_~ Valet Parking Signs: Signs for Valet Parking shall be allowed subject to the following restrictions: 7 ORD NO. 44-04 One pole mounted sign per approved Valet Queue, which may identify Valet Parking, the name of the business(es), rates, and the hours of operation. Valet Parking signs shall be manufactured and installed by the City. The ~zgn area shall not exceed six square feet in area. Such sign shall be pole mounted and inserted in a ground sleeve. The location of such sign shall be determined by the City. The sign must be removed and stored inside the buFmess daily during business hours when the approved valet queue is not in use. Traffic control cones may be used for queuing purposes, however they shall not contain any additional signage or markings. Section 2. That Appendix "A" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: Ground S'_mn. A s'_mn affixed to the ~ound and supported by poles, uprights, or braces extending from the ~ound or a permanently mounted object on the ground but not attached to any part of a building. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid. Section 4. hereby repealed. That all ordinances or parts of ordinances in conflict herewith be, and the same are Section 5. The provision of this ordinance shall become and be made a part of the Land Development Regulations of Delray Beach, Florida. The Sections of the ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. Section 6. 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 ,2004. 8 ORD NO. 44-04 ATI~EST: MAYOR Acting City Clerk First Reading Second Reading 9 ORD NO. 44-04 Memo TO: City Commissio.~n_ ~ From: David Harden~/'~'~ I CC: Date: July 30, 2004 Re: LDR Amendments Relating to In-Lieu Fees I have placed this on the agenda because it has already been advertised. I recommend that the Commission hold the public headng to receive comments on the ordinance, but then table the ordinance for the following reasons: 1. Attached is a table listing all the projects which have paid in-lieu fees. I believe this should be reviewed to evaluate the impact on these projects if the proposed limitations on the number of in-lieu parking spaces had been in place. 2. Rather than creating an Area 5, that ama should be added to Area 2 since the areas are adjacent and have the same fee amounts. 3. Subparagraph (E)(3)(b)(6) is not worded correctly, and even if it were, I believe it would still be unclear. 4. In paragraph (E)(3), subparagraph (a) deals with New Development and subparagraph (b) with Existing Buildings. It is not clear to me where Redevelopment and In-fill Development fit. Also I question whether expansion of or additions to existing buildings should be included in Redevelopment. In my opinion, the definitions need to be improved. In-Lieu Parking Spaces Mouw & Associates 1 Computer Parts Outlet 1 Patio Partners 3 Bright Horizons 4 Cafe Luna Rosa 1 Java Bean Junction 2 Cafe La Boheme 1 Azari 8 Villas Delra¥/JRCS) 8 Outside the Box 2 Cafe Veri Amici 2 Ben & Jerry's 2 Louis Carbone 8 Ed Galla~her/Grove Square 1 Town Square 3 Elizabeth on 7th 1 Liberty Warehouse/Somethin~ Sweet 1 Renaissance Villa~]e 1 Sanderson Buildin~ 5 Antique Experience 3 Bob's Famous Bar 2 Villa~]e Walk 3 Downtown Lofts 3 Tapas 4 Pineapple Grove Buildin~l 4 San Sebastian 6 Nanny's Attic 1 Mariposa 2 Bank of America 1 Ocean City Lofts 4 Beluga Wine & Bar 4 An~elos of Mulberry 9 Pizza Rustica 2 Ascot 5 TOTAL 108 TO: THRU: FROM: SUBJECT: DA~_~,DE~AG ER~-.~-~ - ~, SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST MEETING OF AUGUST 3, 2004 - REGULAR AGENDA ORDINANCE #35-04 AMENDING LAND DEVELOPMENT REGULATIONS SECTIONS 4.6.9(E) RELATING TO IN-LIEU FEES AND AMENDING APPENDIX "A" BY ENACTING A DEFINITION FOR NEW DEVELOPMENT OR REDEVELOPMENT At the meeting of June 24, 2003 the Parking Management Advisory Board directed Staff to develop more stringent criteria to the in-lieu of fee program. The Board's concern centered around the interpretation of LDR Section 4.6.9(E)(3) by applicants that the purchase of in-lieu parking spaces is an entitlement and can not be denied or minimized. Between July, 2003 and January, 2004 the PMAB discussed numerous recommendations including evaluating utilization of parking lots in the vicinity of projects requesting in-lieu spaces, limiting in-lieu requests based on types of use, and increasing fees for spaces in excess of established maximum number of in-lieu spaces. After these meetings a scaled down set of regulations emerged and was endorsed by the PMAB in January. The Planning & Zoning Board considered these LDR changes at their meeting of April 19, 2004 and after significant discussion the Board continued the item and directed staff to work with the PMAB to further modify the recommendations. The modified recommendations were approved by the Planning & Zoning Board at their meeting of July 19, 2004 and are summarized as follows: · Limiting the number of in-lieu spaces to three (3) or seven (7) based on Geographic area; · Not allowing the purchase of in-lieu spaces if the proposed request requires the elimination of existing parking spaces; · Requiring all new development or redevelopment entailing the demolition and reconstruction of buildings to provide all required parking; · The creation of Area 5 and raises the in-lieu fees from $6,000 to $12,000 in this area; · Allows partial crediting to developers for the construction of on-street parking spaces adjacent to projects rather than reimbursement of the cost of construction; · Develops a shared parking program through incentives to utilize private parking lots off hours of the principal use. Historic Preservation Board (HPB): The proposed amendment was reviewed by the HPB on December 3, 2003. The Board recommended approval. City Commission Staff Report Ordinance 35-04 / Modifications To The In-Lieu Program Page 2 Site Plan Review and Appearance Board (SPRAB): The proposed amendment was reviewed by the SPRAB on December 3, 2003. The Board recommended approval. Pineapple Grove Main Street Board (PGMS): The proposed amendment was reviewed by the PGMS on December 8, 2003. No formal action was taken by the Board. West Atlantic Redevelopment Coalition (WARC): The proposed amendment was reviewed by the WARC on December 10, 2003. The Board felt that the imposition of any restrictions or modifications to the program might stifle development in the area and requested that the West Atlantic corridor be excluded from any proposed modifications. Community Redevelopment Agency (CRA): The proposed amendment was reviewed by the CRA on March 19, 2004. The CRA Director suggested that developers should somehow be credited for the construction of on-street parking spaces in the public right-of-way. This was addressed and incorporated into the final draft of the ordinance. The Board recommended approval. Downtown Development Authority (DDA): The proposed amendment was reviewed by the DD^ on March 19, 2004. The Board recommended approval. Parking Management Advisory Board (PMAB): This final draft of the proposed amendment was reviewed by the PMAB on February 25, 2004. The Board recommended approval. Move approval of Ordinance 35-04 by adopting the findings of fact and law contained in the staff report, and finding that the approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(M) of the LDR's. Attached: Ordinance 35-04 In-Lieu Fee District Map ORDINANCE NO. 35-04 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 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION OF PARKING SPACES" TO PROVIDE FOR CHANGES IN THE IN- LIEU PARKING FEE, MAXIMUM NUMBER OF IN-LIEU SPACES THAT MAY BE PURCHASED, ALTERNATIVES TO PURCHASING IN-LIEU FEE PARKING SPACES, AND AMENDING THE IN-LIEU FEE DISTRICT MAP TO REFLECT THE CREATION OF ANOTHER AREA; AMENDING APPENDIX "A" BY ENACTING A DEFINITION FOR "NEW DEVELOPMENT, REDEVELOPMENT AND IN-FILL DEVELOPMENT"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Board and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning reviewed the proposed text amendment at a public hearing held on ., and voted __ to __ to recommend that the changes be approved; WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E), "Location of Parking Spaces" of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (E) Location of Parkinq Spaces: (1) Street parking, parking located in the public right-of-way, or parking located in public parking facilities shall not be used to satisfy on-site parking requirements. The terms "on-site parking" and "off-street parking" are synonymous. However, pursuant to the requirements of Section 4.6.9(E)(3)(e-)~,(b)(5)th¢ ccst cf construction of additional on-street public parking may b ......................... ...... , ,~ ...... ,~ .... ;,. ,;,.,, ~ .......... + ,,,~+~. ,~... r.;,,, reduce the number of in-lieu spaces required. (2) Required off-street parking shall be provided on the same lot, or parcel, as the building and uses for which it is required, except as provided for within this Subsection (E). (3) In-Lieu Fee: (a) New Development: New development shall be required to provide all required parkinq pursuant to the Land Development Regulations, and will not be allowed to purchase in-lieu fee parkin.q. The in-lieu fee option will not be available in the event of a chanqe in use or expansion of the property, if either occurs within 2 years of the .qranting of the Certificate of Occupancy, (C.O.), in which case, the in-lieu fee option will be available two years after the date of the qrantin.q of the C.O. (b) Existin,q Buildinqs: If it is impossible or inappropriate to provide the required number of on-site or off-street parking spaces, and the request for in-lieu spaces will not involve the elimination of existinq parking spaces, except for in-fill development, the City Commission may approve the payment of a fee in-lieu of providing such required parking, pursuant to the following provisions: (1) The in-lieu fee is authorized only in the CBD, CBD- RC, OSSHAD, and GC (West Atlantic Avenue Overlay District) Zoning Districts in compliance with the Supplemental District Regulations provisions therein. (2) Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. The fee amount shall be based upon the location of the property for which in- lieu fees are being sought. Area descriptions, maximum amount of in- lieu spaces available, and corresponding fee amounts are hereby established as follows: (See page 4646 - A for corresponding map). (i) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD - $14,000 per space. Up to a maximum of three (3) in-lieu spaces may be purchased to accommodate the required spaces needed for an expansion, conversion of use, redevelopment or in-fill development. (ii) Area 2: Parcels located west of the Intracoastal Waterway which are zoned CBD or CBD-RC and which are not included within the Pineapple Grove Main Street area - $12,000 per space. Within that portion of the CBD bounded by NE/SE 1st Avenue on the west, NE 1st Street on the north, the ICW on the east and SE 1st Street on the south up to a maximum of three (3) in-lieu spaces may be purchased to accommodate the required spaces needed for an expansion, conversion of use, redevelopment or in-fill development. Throuqhout the remainder of Area 2, up to a maximum of seven (7) in-lieu spaces may be purchased to accommodate the required spaces needed for an (iv) expansion, conversion of use, redevelopment or in-fill development. Area 3: Pamels located within the OSSHAD zoning district and pamels located within the Pineapple Grove Main Street area which are zoned CBD or CBD-RC, except for those pamels located within Area 5 - $6,000 per space. Within that portion of the OSSHAD bounded by Swinton Avenue on the west, NE Ist Street on the north, NE/SE 1st Avenue on the east and SE 1st Street on the south, up to a maximum of three (3) in-lieu spaces may be purchased to accommodate the required spaces needed for an expansion, conversion of use, redevelopment or in-fill development. Throu.qhout the remainder of Area 3, up to a maximum of seven (7) in-lieu spaces may be purchased to accommodate the required spaces needed for an expansion, conversion of use, redevelopment or in-fill development. Area 4: Parcels located within the West Atlantic Avenue Overlay District which are zoned GC - $4,000 per space. Up to a maximum of seven (7) in-lieu spaces may be purchased to accommodate the required spaces needed for an expansion, conversion of use, redevelopment or in-fill development. (v) Area 5: Parcels located in the block bordered by Atlantic Avenue, Swinton Avenue, SE 1st Avenue and SE Ist Street - $12,000 per space. Up to a maximum of three (3) in-lieu spaces may be purchased to accommodate the required spaces needed for an expansion, conversion of use, redevelopment or in-fill development. (3) All proceeds from such a fee shall be used for parking purposes. (4) For property owners opting to pay in full, or lessees of properties, payment of the in-lieu fee is due upon issuance of a building permit. The in-lieu fee may be paid in full upon issuance of a building permit or in installments. Applicants for an in-lieu fee which is not paid in full at time of permit, must enter into an In-Lieu of Parking Fee Agreement with the City. Such agreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The obligations imposed by such an In-Lieu of Parking Fee Agreement constitute a restrictive covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in-lieu parking fees including attorneys' fees and costs. In-Lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the subject property. If an In-Lieu of Parking Fee Agreement is entered into, installment payments shall be made over a three-year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the third anniversary date of the signing of the agreement. There shall be no interest due under this payment schedule. (5) In addition to in-lieu fees due, where adequate right- of-way exists adjacent to a proposed project for which an in-lieu parking fee has been approved, the applicant must construct additional on- street parking, not to exceed the total amount of spaces subject to in- lieu fees unless authorized by the City Commission. The applicant will be credited up to one-half of a parkinq space for each full parking space constructed within public right-of-way. (For example, the applicant requests to pay the in-lieu fee on 4 spaces; the applicant constructs 4 spaces in the riqht-of-way; the applicant must only pay the in-lieu fee for 2 spaces). Creditinq of spaces constructed in the right-of-way resulting in a fraction shall be rounded down. Tho *,-*.., rw_vw"'~ .... '~ by_. ........ , ~,,,v....* ..... v.~__,l ,...~ *h.....v Nv.---.'~"+' ..~l ~v.,~ .... stray, n ................... , ........................... , .... ctrcst fum!t'Jrc ccd !=n~cccpi.".g. Credit may not be taken for those parkinq spaces constructed in the public ri,qht-of-way~ ..................... ~./~_/~,/which are required to meet the performance standards for new developments or redevelopment, imt~e (6) As an incentive to create a shared parking proqram throu,qhout the City, an applicant may enter into an appropriate agreement allowing the utilization of any existing private on site parkin,q lot(s) by the general public durinq off hours of the principal use in order to reduce in-lieu fees. The term of the aqreement will be calculated by dividing the current parkinq meter fee ($0.75 per hour) by the total in- lieu fee paid and the resulting total will be the number of hours the lot(s) must be available to the general public. The in-lieu fee which would be paid upon the issuance of a building permit will be held in a non-interest bearinq account until the satisfaction of the terms of the Agreement. After satisfactory completion of the agreement the in-lieu fees would be refunded to the applicant or the applicant's successor in interest. Failure to complete the terms of the a,qreement will result in forfeiture of any refund. Such a.qreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The City Attorney shall approve the form of the a,qreement. Section 2. That Appendix "A" of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach be, and the same is hereby amended to read as follows: NEW DEVELOPMENT: The construction of a buildinq(s) or other improvement(s) on vacant property or a new stand alone buildinq on a developed property. REDEVELOPMENT: The construction of a buildinq(s) or other improvements which entails the demolition and reconstruction of structure(s) or improvement(s). Any proposed expansion or addition to an existin,q buildin,q. IN-FILL DEVELOPMENT: The development of vacant property(s) surrounded by buildin.qs on two (2) or more sides or the redevelopment of properties includinR the reconstruction and repositioninR of buildin,qs to the front setback of the property. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective upon its adoption on second and final reading. the PASSED AND ADOPTED in regular session on second and final reading on this __ day of ,200_. MAYOR ATTEST: City Clerk First Reading Second Reading 0 0 0 ¥ - 9t, 91' TO: THRU: FROM: SUBJECT: PAUL DORLING, DIRECT~OF PLANNING AND ZONING ROBERT G. TEFFT, SENIOR PLANNER'~L'~~ MEETING OF AUGUST 3, 2004 AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.4.9(B) (5), TO PROVIDE THAT COMMERCIAL USES ARE ALLOWED IN MIXED-USE DEVELOPMENTS IN THE GC ZONING DISTRICT IF COMMERCIAL USES ARE PROVIDED ON THE GROUND FLOOR AND OCCUPY NO LESS THAN 25% OF THE STRUCTURE. During the course of reviewing recent development proposals for mixed-use projects, staff has identified a concern with LDR Section 4.4.9(B) (5), which requires a minimum of 50% of the gross floor area of a mixed- use building to be devoted to commercial uses. As development is becoming more intense (i.e. three and four stories, rather than two stories), the current percentage threshold is creating conflicts. The current provision of at least 50% of the total floor area is reasonable for a two-story structure; however it becomes more impractical for a three or four-story structure to accommodate such minimum percentages of commercial floor area. As mixed-use developments typically consist of commercial uses at ground level with either office or residential use on the second level and residential uses on the remaining upper stories, it is reasonable that the regulations should be more reflective of the type of development they are intended to govern. Thus, the proposed amendment of LDR Section 4.4.9(B) (5) is to require the ground floor of a mixed-use building be devoted to commercial uses and that the ground floor equates to at least 25% of the total building square footage. Square footage devoted to vehicular use (i.e. parking spaces, travel lanes, etc.) should be excluded from the 25% calculation. The amended text will also restrict residential uses from occupying the ground level of a mixed-use structure. Additional background and analysis can be found in the attached Planning and Zoning Board Staff Report. Pursuant to LDR Section 2.4.5(M) (5), in addition to the provisions of LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The Comprehensive Plan has been reviewed and while the proposed text amendment does not further any specific Goal, Objective or Policy, the amendment is not inconsistent with them and will serve to provide less restrictive and more effective regulations regarding mixed- use development within the GC zoning district. At its meeting of July 19, 2004, the Planning and Zoning Board held a public hearing in conjunction with the proposed text amendment. After deliberation, the Board recommended approval of the proposed text amendment on a vote of 6-0 (Peltzie absent), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations. Move approval on first reading of the amendment to LDR Section 4.4.9(B) (5), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations and set a public hearing date of August 17, 2004. Attachments: Planning and Zoning Board Staff Report of July 19, 2004; and Proposed Ordinance MEETING DATE: AGENDA ITEM: JULY 19, 2004 III. F. - AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.4.9(B) (5), TO PROVIDE THAT COMMERCIAL USES ARE ALLOWED IN MIXED-USE DEVELOPMENTS IN THE GC ZONING DISTRICT IF COMMERCIAL USES ARE PROVIDED ON THE GROUND FLOOR AND OCCUPY NO LESS THAN 25% OF THE STRUCTURE. The item before the Board is that of making a recommendation to the City Commission regarding an amendment to Land Development Regulations (LDR) Section 4.4.9(B) (5) to modify the minimum gross floor area requirement for commercial uses in mixed-use developments in the General Commercial (GC) zoning district, pursuant to LDR Section 2.4.5(M). Pursuant to LDR Section 1.1.6(A), the text of the LDR may from time to time be amended, changed, supplemented, or repealed. No such action, however, shall be taken until a recommendation is obtained from the Planning and Zoning Board and until a public headng has been held by the City Commission. Any such change shall be made by ordinance, pursuant to procedures found in LDR Section 2.4.5(M). At its meeting of March 21, 2000, the City Commission approved on second reading a text amendment to LDR Section 4.4.9(B) (5), which established the language as to how mixed-use developments are permitted within the GC zoning district. The text amendment was associated in part with Comprehensive Plan Amendment 99-1, which was to amend the GC land use description to correct an inconsistency between the land use and zoning descriptions regarding stand-alone residential uses, and to establish a maximum allowable density. The text amendment modified LDR Section 4.4.9(B) (5) as follows: (5) Dwelling units in the same structure as commercial uses provided that: mcrc thc,", at least 50% of the gross floor area is devoted to commercial uses; residential uses and non-residential uses are physically separated and have separate accessways; and the residential density does not exceed 12 units per acre. During the course of reviewing recent development proposals for mixed-use projects, staff has identified a concem with the aforementioned section of the LDR. As development is becoming more intense (i.e. three and four stories, rather than two stories), the current percentage threshold is creating conflicts. The intent of the mixed-use scenario is to provide residences that support the commercial and service uses within the development as well as the surrounding area. The current provision within the LDR requires that at least 50% of the total floor area of the structure be devoted to commercial use, and while this is reasonable for a two-story structure it becomes more impractical for a three or four-story structure to accommodate such minimum percentages of commercial floor area. As mixed-use developments typically consist Planning and Zoning Board Staff Report Amendment to LDR Section 4.4.9(B) (5) Page 2 of commercial uses at ground level with either office or residential use on the second level and residential uses on the remaining upper stories, it is reasonable that the regulations should be more reflective of the type of development they are intended to govern. Thus, it is proposed that the text of LDR Section 4.4.9(B) (5) is amended to require the ground floor of a mixed-use building be devoted to commercial uses and that the ground floor equates to at least 25% of the total building square footage. Square footage devoted to vehicular use (i.e. parking spaces, travel lanes, etc.) should be excluded from the 25% calculation. The amended text will also restrict residential uses from occupying the ground level of a mixed-use structure. Pursuant to LDR Section 2.4.5(M) (5), in addition to the provisions of LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The Comprehensive Plan has been reviewed and while the proposed text amendment does not further any specific Goal, Objective or Policy, the amendment is not inconsistent with them and will serve to provide less restrictive and more effective regulations regarding mixed-use development within the GC zoning district. Community Redevelopment Agency: At its meeting of July 8, 2004, the Community Redevelopment Agency (CRA) recommended approval of the proposed text amendment. Downtown Development Authority: At its meeting of July 14, 2004, the Downtown Development Authority (DDA) recommended approval of the proposed text amendment. A. Continue with direction. B. Move a recommendation of approval to the City Commission for the amendment to LDR Section 4.4.9(B) (5), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the amendment to LDR Section 4.4.9(B) (5), by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations. Move a recommendation of approval to the City Commission for the amendment to LDR Section 4.4.9(B) (5), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations. Attachments: Proposed Ordinance Planning and Zoning Board Staff Report Amendment to LDR Section 4.4.9(B) (5) Page 3 ORDINANCE NO.~-04 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 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT', SUBSECTION 4.4.9(B), "PRINCIPAL USES AND STRUCTURES PERMITTED" TO PROVIDE THAT COMMERCIAL USES ARE ALLOWED IN MIXED-USE DEVELOPMENTS IN THE GC ZONING DISTRICT IF COMMERCIAL USES ARE PROVIDED ON THE GROUND FLOOR AND OCCUPY NO LESS THAN 25% OF THE STRUCTURE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on , and voted __ to __ to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(B), "Principal Uses and Structures Permitted" of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (B) Principal Uses and Structures Permitted: The following are allowed within the GC District as permitted uses, except as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a): (1) General retail uses including, but not limited to: Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and Planning and Zoning Board Staff Report Amendment to LDR Section 4.4.9(B) (5) Page 4 supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. (2) Business and Professional uses including, but not limited to: Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, professional offices. (3) Contractor's Offices, including but not limited to: · Air conditioning, general contractor, electrical, painting, and plumbing; however, any outside storage of materials is prohibited. (4) SerV[cas and Facilities including, but not limited to: Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, financing e.g. banks and similar institutions including drive-through facilities, laundromats limited to self-service facilities, pet grooming, restaurants including drive-in and drive-through, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, indoor shooting ranges, museums, libraries, newsstands, commercial or public parking lots and parking garages, theaters excluding drive-ins. (5) Dwelling units in the same structure as commercial uses provided that: atqea~ ~o/_ ~ ,~. ...... *~ ....... ;" '~ .... *"'~ *c ....... ~ ...... commercial uses must be provided on the ground floor; commercial uses on the qround floor must occupy no less than 25% of the total structure excludinq square footage devoted to vehicular use; residential uses are not Io~ted on the ground level; residential uses and non-residential uses are physically separated and have separate accessways; and the residential density does not ex.ed 12 units per acre. (6) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers, subject to the Iocational restrictions of Section 4.4.9(H)(5). (7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). Section 2. 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. Planning and Zoning Board Staff Report Amendment to LDR Section 4.4.9(B) (5) Page 5 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 adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200_. ATTEST: City Clerk First Reading MAYOR Second Reading MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~F~ AGENDA ITEM # ~ O~ - REGULAR MEETING OF AUGUST 3. 2004 ORDINANCE NO. 45-04 DATE: JULY 30, 2004 This is second reading and second public hearing for Ordinance No. 45-04 mending Chapter 111, "Advertising", by repealing Chapter 111 in its entirety and amending Chapter 118 "Solicitors and Peddlers", by repealing Chapter 118 in its entirety and enacting a new Chapter 118 "Solicitors and Peddlers", to provide an updated code including new provisions on the vending of products from motor vehicles. At the first reading on July 20, 2004, the Commission passed Ordinance No. 45-04. Recommend approval of Ordinance No. 45-04 on second and final reading. S:\City Clexk\ag~nda memos. Ord 45.04.Solicitors, Peddlers.08.03.04 rlTY OF I]ELR;lY BEACH CiTY ATTORNEY'S OFFICE CITY' MANAGE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DATE: TO: FROM: SUBJECT: Wdter's Direct Line: 561/243-7090 MEMORANDUM May 3, 2004 David T. Harden, City Manager Larry Schroeder, Chief of Police Major McCollum, Delray Beach Police Department Cathy Kozol, Police Legal Advisor Susan Ruby, City Attorney Brian Shutt, Assistant City Attorney Lula Butler, Director of Community Improvement Terrill Pyburn, Assistant City Attorney Revised Solicitors, Peddlers, Handbills and Ice Ordinance Cream Trucks Attached please find a second revised draft of the ordinance referenced above. Please note that the changes include moving prohibitions regarding handbill distribution from Section 118.03 to Section 118.02 and moving prohibitions regarding soliciting and peddling from 118.02 to 118.03 and further clarification of exemptions under 118.04 to include language regarding exemptions from obtaining an occupational license. Please review the attached ordinance and contact me if you have any questions. Thanks. TCP:smk Attachment ORDINANCE NO. J~-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 111, "ADVERTISING", BY REPEALING CHAPTER 111 IN ITS ENTIRETY AND AMENDING CHAPTER 118, "SOLICITORS AND PEDDLERS", BY REPEALING CHAPTER 118 IN ITS ENTIRETY AND ENACTING A NEW CHAPTER 118, "SOLICITORS AND PEDDLERS", TO PROVIDE AN UPDATED CODE ON SOLICITORS AND PEDDLERS INCLUDING NEW PROVISIONS ON THE VENDING OF PRODUCTS FROM MOTOR VEHICLES; PERMIT REQUIREMENTS FOR JUVENILES ENGAGING IN SOLICITING AND PEDDLING; AND THE INCLUSION OF THE DISTRIBUTION OF HANDBILLS IN THE SAME CHAPTER FOR EASE OF REFERENCE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to protect its citizens against criminal activity, including fraud and burglary, minimize the unwelcome disturbance of citizens and the disruption of privacy and to otherwise preserve the public health, safety and welfare by regulating, controlling and licensing solicitors and peddlers; and WHEREAS, other persons often desire to interrupt the quiet enjoyment of one's daily activities in the City to solicit donations for causes believed to be worthy of support, or to canvas for support for particular religious, ideological, or political causes, or to peddle products in the streets for reasons of prompting commerce; and WHEREAS, an important part of the freedom enjoyed by all citizens and residents of the United States is the right to speak freely, to express ideas that may be unpopular, and to engage others in debate without government interference; and WHEREAS, the Supreme Court of the United States has consistently recognized the right and obligation of local governments to protect their citizens from fraud and harassment, particularly when solicitation of money is involved; and WHEREAS, it is the responsibility of all units of government to balance these competing interests in a manner consistent with the Constitution of the United States and of Florida, while attempting to minimize fraud, prevent crime, and protect the privacy of our citizens; and WHEREAS, with respect to licensing and other regulatory issues, the City Commission of the City of Delray Beach, Florida, has considered judicial opinions regarding peddling, soliciting and the distribution of handbills in conjunction with the First Amendment, which include but are not limited to the following: 1. Larsen v. Valente, 456 U.S. 228 (1982). Members of City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789, 805 (1984). 3. United States v. O'Brien, 391 U.S. 367, 377 (1968). 4. Martin v. Struthers, 319 U.S. 141 (1943). Heffron v. International Society for Krishna Consciousness, Inc., 452 U.S. 640, 647-48 (1981). City of Watseka v. Illinois Public Action Council, 796 F.2d 1547, 1552 (7th Cir. 1986), afl'd, 479 U.S. 1048 (1987). Collngswood v. Ring.qold, 331 A.2d 262 (N.J. 1975), cert. denied, 426 U.S. 901 (1976). Central Hudson Gas & Electric Corp. v. Public Service Comm'n., 447 U.S. 557 (1980). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Title IX, "Business Regulations", Chapter 118, "Solicitors and Peddlers" of the Code of Ordinances of the City of Delray Beach, Florida, be repealed and a new Chapter 118, "Solicitors and Peddlers and Distribution of Handbills" is hereby enacted as follows: Section 118.01 Definitions. The following words, terms, and phrases and their derivations, when used in this ordinance, shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaninq. (a) Canvasser is a person who attempts to make personal contact with another person without prior specific invitation or appointment from the person, for the primary purpose of (1) attempting to enlist support for or a.qainst a particular religion, philosophy, 2 ORD. NO. ideoloqy, political party, issue or candidate even if incidental to such purpose the canvasser accepts the donation of money for or against such cause, or distributing a handbill or flyer advertisinq a non-commercial event or service. (b) Handbill Distribution means the distribution of any commercial or noncommercial written material of any kind, including, but not limited to, a newspaper, papers, sample or device, circular, leaflet, pamphlet, or booklet which may or may not contain commercial or non-commercial advertisinq or information and which may be sold or delivered without cost to the recipient and not distributed throuqh an authorized news rack or the U.S. Mail. (c) Peddler is a person who attempts to make personal contact with another person without prior specific invitation or appointment from the person, for the primary purpose of attempting to sell a good or service. A "peddler" does NOT include a person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good or service that is offered to the person for purchase at a location away from or at a time different from the time of visit. (Such a person is a "solicitor"). (d) Person means a natural person or any firm, corporation, association, club, society or other organization. (e) Private Property means any residential, commercial and industrial real property of any kind which is privately owned or occupied. (0 Public area means an area to which the public or a substantial .qroup of persons has access, and includes, but is not limited to, alleys, brid.qes, buildings, driveways, parking lots, parks, playgrounds, plazas, public beaches, sidewalks, and streets open to the general public, and the doorways and entrances to buildinqs and dwellings, and the grounds enclosing them. (.q) Solicitor is a person who attempts to make personal contact with another person without prior specific invitation or appointment from the person, for the primary purpose of attempting to obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent educational, civil, fraternal, charitable, political or religious purpose, even if incidental to such purpose there is the sale of some good or service. Section 118.02 Prohibited Acts Regarding Handbill Distribution (a) It shall be unlawful for any person to place a handbill or to cause a handbill to be placed on: 3 ORD. NO. (1) any public area, excluding authorized news racks or in the U.S. Mail, by any means, includin.q but not limited to, tossing the handbill on the lawn, driveway, or walk on the premises, or on the sidewalk, driveway apron, swale area, or street in front of the public area, or by hanging the handbill on any part of a building on the public area or on the mailbox. Nothin.q in this section shall be deemed to prohibit the hand to hand delivery of a handbill to a person willing to accept it; (2) any private property by any means, including but not limited to, tossing the handbill on the lawn, driveway, or walk on the private premises, or on the sidewalk, driveway apron, swale area, or street in front of the private premises, or by hanging the handbill on any part of a buildinq on the private premises or on the mailbox, after the owner or occupant of the private premises has requested that the distribution of the handbill stop its delivery; (i) The request not to deliver a handbill must be in writing made either to the individual delivering the handbill or to the publisher of the handbill. A request to the individual delivering the handbill shall be deemed to be given to the publisher of the handbill. The request may be for a specified length of time or may be indefinite. If indefinite, the request shall remaining effect until it is rescinded by the owner or occupant of the private premises; (ii) A sign posted on a private premise visible from an adjoining public right-of-way with the words, "No Solicitation" or words of similar meaning shall be deemed a request not to deliver a handbill; (3) on any vehicle; or (4) or attached to any sign, utility pole, transit shelter or other structure within the public right-of-way. The police and code enforcement shall be authorized to remove any handbill or flyer found within the right-of-way and any individuals or groups found to be responsible for such actions in violation of this section shall be found in violation of the City's sign code and the City's ordinance on anti-littering laws. Section 118.03 Prohibited Acts regarding Soliciting & Peddlinq (a) It shall be unlawful for any person to solicit or peddle money or other things of value, or to solicit the sale of goods or services: (1) without an occupational license; (2) In any public transportation vehicle, or bus or train station or stop; 4 ORD. NO. (3) On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property. (4) On a street or right-of-way in such a manner as to obstruct the flow of pedestrian or motor vehicle traffic. (b) It shall be unlawful for any person to peddle or vend products, including personal property, ice cream, or other food products from motor vehicles in the public streets: (1) without an occupational license; (2) in any vehicle not designed and constructed specifically for the purpose of vending the product or products to be vended; (3) without a license by the County Health Department or other state or local agency having jurisdiction over the use of such vehicles depending upon the nature of the products sold; (4) without proof of a valid Florida driver's license and vehicle re.qistration; (5) without proof of current insurance issued by an insurance company authorized to do business in the State of Florida. The insurance shall provide coverage for bodily injury, including accidental death, as well as from claims for property damage. An occurrence type policy is preferred. The City shall be named as a certificate holder and as an additional insured on the policy. The policy limits of such insurance shall not be less than $300,000.00 combined single limit for each occurrence for bodily injury and $300,000.00 for property dama.qe; (6) in the Central Business District (CBD) of downtown Delray Beach; (7) within 1,000 feet of any public or private school between the hours of 7:00 a.m. and 5:00 p.m.; (8) from any vehicle that plays amplified music or other sounds in violation of the City's noise ordinance. Section 118.04 Exemptions from Obtaining an Occupational License. It shall be unlawful for any person eighteen (18) years of a.qe or older to engage in peddling or solicitation activities within the City of Delray Beach without first obtaining an 5 ORD, NO. Occupational License issued by the Chief Building Official or his/her desiqnee; provided, however, that the following are exempted from the provisions of this Section: (a) The following are exemptions from prohibited acts under Section 118.03: (1) Any solicitation made upon premises owned or occupied by an organization upon whose behalf the solicitation is made; (2) Any communication by an organization solicitinq contributions solely from persons who are members of the organization at the time of such solicitation; (3) Any solicitation in the form of a collection at a regular meeting, assembly or service of a charitable person; or 4.~ Any solicitation for the relief of any individual specified by name at the time of the solicitation where the solicitor represents in each case that the entire amount collected shall be turned over to the named beneficiary; or (5) Authorized solicitors and peddlers that are participating in City- sponsored or co-sponsored special events and parades; or (6) Any solicitation on private commercial property for charitable purposes so long as the private commercial property owner has given prior consent to the use of his/her property for purposes of soliciting patrons thereof. (7) Authorized news racks and U.S. Mail. Section 118.05 Permit for Sponsorin.q Juvenile Peddlers. (a) No person under the age of eighteen (18) shall be permitted to engage in solicitin.q or peddling except as provided in this Section. (b) An Occupational License shall be obtained by a sponsoring person, company or organization for the conduct of any peddling or solicitation activities involving, in whole or in part, a sales force of one (1) or more persons under eighteen (18) years of age. (c) The sponsor shall be responsible for supervising and controlling the conduct of all persons, including iuveniles, peddling under the sponsor's license. (d) The sponsor shall provide to each individual in its sales force a badge or other easily readable form of identification which identifies the names of the sponsor and the name of the individual. The sponsor shall require all individuals in its sales force to 6 ORD. NO. wear such identification so that it is clearly visible at all times when the individuals are peddlin.q or soliciting. (e) The sponsor shall comply with the requirements of State of Florida Youth Employment Act, Chapter 450. Section 118.06 Permit Application. Every person subject to the provisions of this Ordinance shall file with the Chief Buildinq Official or his/her designee an application for Occupational License in writing on a form to be furnished by the Buildinq Department except for handbill distributors and/or canvassers who are exempted from this section. Section 118.07 Fees. At the time the application for Occupational License is filed with the Chief Building Official or his/her designee, the applicant shall pay a fee to cover the cost to the City of processing the application and investiqating the facts stated therein. The occupational license fee is set forth in Section 110.15 of this Code and shall be paid in addition to the background check fee as required by the Florida Department of Law Enforcement (FDLE). Section 118.08 Application Review and Permit Issuance. (a) Upon receipt of an application for Occupational License1 the Chief Building Official or his/her designee, or authorized representative, shall review the application as deemed necessary to ensure the protection of the public health, safety and general welfare. (b) If the Chief Building official or his Designee finds the application to be satisfactory, he/she shall endorse his/her approval on the application and shall, upon payment of the prescribed fee, deliver the required license to the applicant. (c) The Occupational License shall show the name and address of the licensee, the class of license issued, the kind of goods or services to be sold or delivered, the date of issuance, and the length of time that the license shall be in effect. The license shall also show the license number and identifying description of any vehicle to be used in carryin.q on the business for which the license is issued. (d) A record of all licenses issued shall be maintained by the Building Department for a period of two (2) years. 7 ORD. NO. Section 118.09 Denial of Permit. (a) Upon the Chief Building Official or his/her Desi,qnee's review of the application for Occupational License, he/she may refuse to issue a license to the applicant under this Ordinance for any of the followinq reasons: (1) The location and time of solicitation or peddling would endanger the safety and welfare of the solicitors, peddlers or their customers; (2) An investigation reveals that the applicant falsified information on the application. (3) The applicant has been convicted of a felony, misdemeanor or ordinance violation involving a sex offense, trafficking in controlled substances, or any violent acts against persons or property, such conviction being entered within the five (5) years preceding the date of application; (4) The applicant is a person against whom a iud.qment based upon, or conviction for fraud, deceit, misrepresentation, theft, or crimes involving dishonesty has been entered within the five (5) years immediately precedin.q the date of application; (5) There is no proof as to the authority of the applicant to serve as an agent to the principal; or (6) The applicant has been denied a license under this Ordinance within the immediate past year, unless the applicant can and does show to the satisfaction of the Building Official that the reasons for such earlier denial no Ionqer exist. (b) The Building Official's disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his application is disapproved and that no Occupational License will be issued. Notice shall be mailed to the applicant at the address shown on the application form, or at the applicant's last known address. Section 118.10 Permit Expiration. All Occupational Licenses issued under the provisions of this Ordinance shall expire one (1) year from the date of issuance, unless an earlier expiration date is noted on the license. 8 ORD. NO. Section 118.11 Permit Exhibition. Every person required to obtain an Occupational License permit under the provisions of this Ordinance shall exhibit the license when requested to do so by any prospective customer, code enforcement officer or Police Department employee. Section 118.12 Transfer Prohibited. It shall be unlawful for any person other than the licensee to use or wear any license or badqe issued under the provisions of this Ordinance, except that Juvenile Peddlers may use the Occupational License of a sponsoring person in accordance with Section 118.04 of this Code. Section 118.13 Hours of Solicitation. No person, while conducting the activities of a peddler or solicitor, whether licensed or unlicensed, shall enter upon any private property, knock on doors, vend products from motor vehicles or otherwise disturb the citizens of the City of Delray Beach between the hours of 7:00 p.m. and 8:00 a.m., September through May or between the hours of 8:00 p.m. and 8:00 a.m., June through August. Section 118.14 Permit Revocation. Any Occupational License issued under this Ordinance may be revoked or suspended by the Chief Buildinq Official or his/her designee, after notice and hearing, for any of the following reasons: (a) Fraud, misrepresentation or false statement contained in the application for Occupational License; (b) Fraud, misrepresentation or false statement made by the licensee in the course of conducting solicitation or peddling activities; (c) Conductin.q peddling or solicitation activities contrary to the provisions contained in the application for Occupational License; (d) Conviction for any crime involving dishonesty or moral turpitude; or (e) Conductinq peddling or solicitation activities in such a manner as to create a public nuisance, constitute a breach of the peace or endanger the health, safety or general welfare of the public. 9 ORD. NO. Section 118.15 Notice and Hearing. Notice of a hearing for revocation of an Occupational License issued under this Ordinance shall be provided in writing and shall set forth specifically the grounds for the proposed revocation and the time and place of the hearinq. Notice shall be mailed, postage prepaid, to the licensee at the address shown on the license application or at the last known address of the licensee. Section 118.16 Appeals. (a) Any person aggrieved by the action or decision of the Chief Building Official or his/her designee to deny, suspend or revoke an Occupational License applied for under the provisions of this Ordinance shall have the right to appeal such action or decision to the City Manager within fifteen (15) days after the notice of the action or decision has been mailed to the person's address as shown on the Occupational License application form, or to his last known address. (b) An appeal shall be taken by filing with the Building Official/Designee a written statement setting forth the grounds for the appeal. (c) The Chief Building Official shall transmit the written statement to the City Manaqer within ten (10) days of its receipt and the City Manager shall set a time and place for a hearing on the appeal. (d) A hearing shall be set not later than twenty (20) days from the date of receipt of the appellant's written statement. (e) Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of action or decision. (f) The decision of the City Manager on the appeal shall be final and binding on all parties concerned. Section 118.17 Violations and Penalty. (a) Violation of any of the provisions of this Ordinance shall be punishable as set forth in Section 10.99 of this Code. Section 2. 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. 10 ORD. NO. Section 3, That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4, That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. ATTEST: MAYOR CITY CLERK First Reading Second Reading 11 ORD. NO. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~ ~ - REGULAR MEETING AUGUST 3. 2004 ORDINANCE NO. 34-04 (AMENDMENT TO LAND DEVELOPMENT REGULATIONS) DATE: JULY 30, 2004 This is second reading and public hearing for Ordinance No. 34-04 amending the Land Development Regulations Section 4.3.3(P), "Satellite Dish-Satellite Television Antenna", to provide updated regulations for Satellite Dishes and Antennas. At first reading on July 6, 2004, the City Commission passed Ordinance No. 34-04. Recommend approval of Ordinance No. 34-04 on second and final reading. S:\City Clerk\agenda memo,\Ord. 344)4 Satellite Dish-Television Antenna 08.03.04 TO: THRU: FROM: SUBJECT: C'2' A.AGER ,'// - MEETING OF JULY 6, 2004 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.3.3(P) "SATELLITE DISH-SATELLITE TELEVISION ANTENNA" TO PROVIDE UPDATED REGULATIONS FOR SATELLITE DISHES AND ANTENNAS. LDR Section 4.3.3(P) (Satellite Dish - Satellite Television Antenna) contains regulations concerning satellite dishes and television antennas. The current provisions were adopted in 1985. The proposed amendment is being processed in order to obtain consistency with federal regulations regarding satellite dishes and antennas. The proposed amendment will provide less restrictive regulations for satellite dishes and antennas in order to avoid delays and expense associated with their installation. The current regulations require a permit for a satellite dish or antenna regardless of its size. The amendment will only require a permit for those that are greater than one meter (39.37") in diameter or any size satellite dish that is mounted on a mast higher than 12 feet above the roof line. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As noted previously, this amendment is being initiated to obtain consistency with federal regulations and to provide less restrictive regulations for the installation of satellite dishes and antennas. While the amendment does not fulfill a specific Goal, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. At its meeting of June 21, 2004, the Planning and Zoning Board held a public hearing regarding the amendment. There was no public testimony regarding the proposed changes. After discussing the amendment, the Board voted 6-0 (Krall absent) to recommend to the City Commission approval of the proposed amendment, based upon positive findings with LDR Section 2.4.5(M). By motion, approve on first reading the ordinance amending Land Development Regulations Section 4.3.3(P) "Satellite Dish-Satellite Television Antenna", by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations and set a public hearing date of July 20, 2004. Attachment: Proposed Ordinance \\misrv001\departments\planning & zoning\boards\citycommission\ldrsatellitedishes.doc ORDINANCE NO. 34-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS, SECTION 4.3.3(P), "SATELLITE DISH -- SATELLITE TELEVISION ANTENNA"; TO PROVIDE AN UPDATED ORDINANCE ON SATELLITE DISHES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide its citizens with updated ordinances that are consistent with federal regulations regarding satellite dishes and antennas; and WHEREAS, the City desires to provide the least restrictive regulations possible on satellite dishes and antennas in order to help its citizens avoid unreasonable delay and expense associated with installation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Chapter Four, "Zoning Regulations", Section 4.3.3(P), "Satellite Dish -- Satellite Television Antenna", of the Land Development Regulations of the City of Delray Beach, Florida, be amended to read as follows: (P) Satellite Dish - Satellite Television Antenna: (1) A satellite dish or satellite television antenna that is greater than one meter (39.37") in diameter or any size satellite dish that is mounted on a mast higher than 12 feet above the roof line shall be considered a structure and shall require a building permit. Antennas or dishes shall be of non-combustible and corrosive resistant material, shall be erected in a secure wind resistant manner, and shall be adequately grounded for protection against direct strike of lightening. Portable satellite dishes are not permitted. Only satellite dishes which are actually required for obtaining a signal may be erected and maintained on any property. Satellite dishes may not be used for display or advertising purposes on the exterior of any structure. Where a commercial enterprise is engaged in the sale of satellite dishes, the erection of more than two dishes (each of which shall be of different sizes) which perform essentially the same function, on the exterior of the structure shall be presumed to be for display or advertising purposes. Satellite dishes may not have any writing on them which is visible from the right-of-way. These structures shall be subject to the provisions of Chapter Seven, Building Regulations, which do not conflict with this section as well as the following conditions: (a) Application Process: The application for a permit shall be reviewed by the Building Department for a determination that the structure is designed and will be erected in a manner which meets the technical requirements of the code including those set forth in this section. The City Horticulturist shall review the plans for screening the structure. (1) All satellite dishes and/or satellite television antennas that are smaller than one meter (39.37") in diameter and that receive video pro.qramminq signals such as Direct Broadcast Satellites ("DBS'), Multichannel Multipoint Distribution (wireless cable) providers ("MMDS"), and Television Broadcast Stations ("TVBS") shall not require a permit and shall be exempted from these requlations but shall be subiect to removal if they are located as to create a hazard or safety issue. (b) Screening: The satellite dish shall be effectively screened from off- premises view and from visibility from public right-of-ways to the greatest extent practicable, except that such screening shall not be required in locations surrounding the satellite dish where and only to the extent it is proved that such screening interferes with reception. The visibility of the satellite dish shall be mitigated as much as possible by screening. The structure shall be screened by the use of landscaping or by a nonliving barrier such as a wall or fence, or by some combination of the above. Walls or fences used for screening may not exceed six feet in height unless they are erected in compliance with the building setbacks. Trees and shrubs used in screening shall be of a species capable of obtaining such height, spread, and density of canopy at maturity so as to effectively screen the satellite dish from off-premises view. Landscaping to be used as screening shall be planted at the time of construction or placement of the satellite dish and the landscaping shall be at least equal to four feet at the time of planting. Landscaping shall be maintained by the property owner or the persons or groups in control of the property in a manner which will encourage maximum screening without interference with the maintenance or operation of the satellite dish. Section 2. 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, 2 ORD. NO. 34-04 such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. ATTEST: MAYOR CITY CLERK First Reading Second Reading 3 ORD. NO. 34-04 rlTY OF D LAI Y BEAr# CITY ATTORNEY'S OFFICE 200 NW Ist AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243 7090 · FACSIMILE 561/2784755 D E L P.,AY BEA(~H DATE: TO: MEMORANDUM July 22, 2004 David Harden, City Manager Chevelle Nubin, Acting City Clerk Wdter's Direct Line: 561/243-7091 FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance 41-04 and 40-04 Referendum Questions/Referendum Questions for November 2, 2004 Election Attached please find resolutions and ordinances regarding the referendum questions that need to be placed on the August 3, 2004 City Commission agenda. Please place the resolutions and ordinances on the agenda as required, and take all other steps necessary to make sure the questions are put on the ballot. If you have any further questions, please do not hesitate to call. Attachment Package #1 Ordinance No. 40-04 Part of Lot 15 Behind Current Library Site Draft 7/13/04 ORDINANCE NO. 40-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM OF THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT FOR THE RELEASE OF DEED RESTRICTIONS AND ALLOWING THE TRANSFER AND SALE OF THE NORTH 48 FEET OF LOT 15, BLOCK 101, LOCATED BEHIND THE CURRENT LIBRARY SITE AT 29 S.E. 4TM STREET AND FRONTING ON S.E. 5TM AVENUE IN THE CITY OF DELRAY BEACH, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM ON THE ISSUE TO BE HELD ON NOVEMBER 2, 2004 AND PROVIDING AN EFFECTIVE DATE. WHEREAS, one of the deeds to the City on property owned by the City located behind the current library provides that the North 48 feet of Lot 15, Block 101 is to be used for municipal purposes and not to be sold or transferred by the City without first obtaining from the majority of qualified voters of said City, permission to sell and convey said lands; and WHEREAS, the restrictions set forth above are set forth in the Deed dated April 23, 1936 to the City of Delray Beach on property legally described as the North 48 feet (N48') of Lot Fifteen (15), Block One Hundred One (101) of the Town of Delray, formerly Linton, according to the Plat thereof on file in the offices of the Clerk of the Circuit Court in and for Palm Beach County, said deed being recorded at Book 525, Page 504 of the Public Records of Palm Beach County and referred to herein as the plat located behind the library; and WHEREAS, approval of the majority of the qualified voters of the City for the release of the same restrictive covenant was obtained by referendum held on March 13, 2001 on property located on the South 50 feet of Lot 8 and all of Lot 9, Block 101 where the current library is situated; and WHEREAS, in order to fully redevelop the site behind the currently existing library site, the restrictions need to be removed; and WHEREAS, the new library is to be built on land located west of Swinton adjacent to the South County Courthouse site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Draft 7/13/04 Section 1. That the City Commission of the City of Delray Beach, Florida, hereby incorporates the recitals set forth above and hereby incorporates them herein in their entirety: Section 2. That the City Commission of the City of Delray Beach seeks the consent and permission of the majority of the qualified electors of the City of Delray Beach voting in a special election to release the deed restrictions and to authorize the transfer and sale of that part of lot located behind the current library property and as legally described in the recitals incorporated herein above. Section 3. That a special election will be held on November 2, 2004 on the release of the restrictions on the property described in the recitals. Section 4. The form of the ballot to be used in the referendum shall be as follows: QUESTION Authorization for the Sale of a Part of a Lot Located Behind Current Library In 2001, the voters of the City authorized the release of deed restrictions that existed on the current library property. Subsequently, it was discovered that a similar deed restriction also existed on a part of Lot 15, behind the current library. Do you consent to the release of the restriction on part of Lot 15, authorizing the sale of the property with the proceeds to be used for public parking? YES [] NO [] Section 5. If a majority of the qualified voters of the City of Delray Beach actually voting in a referendum vote for the question, then it will take effect immediately on its passage. If a majority of the qualified voters of the City of Delray Beach voting in this referendum vote against the question, then this ordinance shall have no force and effect. Section 6. final reading. That this ordinance shall become effective upon its passage on second and 2 ORD. NO. PASSED AND ADOPTED in regular session on second and final reading on this the day of ., 2004. ATTEST: MAYOR CITY CLERK First Reading Second Reading 3 ORD. NO. NOTICE OF SPECIAL ELECTION The City of Delray Beach, Florida, hereby gives notice, pursuant to Florida Statutes 100.342, that a Special Election shall be held on November 2, 2004 on the referendum question passed by Ordinance No. 40-04 to wit: QUESTION Authorization for the Sale of a Part of a Lot Located Behind Current Library In 2001, the voters of the City authorized the release of deed restrictions that existed on the current library property. Subsequently, it was discovered that a similar deed restriction also existed on a part of Lot 15, behind the current library. Do you consent to the release of the restriction on part of Lot 15, authorizing the sale of the property with the proceeds to be used for public parking? YES NO CITY OF DELRAY BEACH, FLORIDA PUBLISH: The News Chevelle Nubin Acting City Clerk [This publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum is to be held, at least 30 days prior to the referendum date.] NOTICE OF RESULTS OF REFERENDUM ELECTION HELD ON NOVEMBER 2~ 2004 The City of Delray Beach, Florida held a referendum election on November 2, 2004 at a Special Election regarding a release of a deed restriction contained in a deed from Lucetta E. Horne and Lelia Horne to the City of Delray Beach, Florida dated April 23, 1936 on property legally described as follows: The North 48 feet of Lot 15, Block One Hundred and One (101 ) of the Town of Delray, formedy Linton, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, said Deed being recorded at Book 525, Page 504 of the Public Records of Palm Beach County. The deed referred to above contained the following restrictive language: "This land is conveyed to the City of Delray Beach for municipal purposes and is not to be sold or transferred by said City without first obtaining from the qualified voters of said City permission to sell and convey said lands; said permission to be obtained at a special election to be held for the purpose of obtaining the consent and permission of the majority of the qualified voters of the City of Delray Beach, Florida." On November 2, 2004, a special election was held and the following referendum question appeared on the ballot: QUESTION Authorization for the Sale of a Part of a Lot Located Behind Current Library In 2001, the voters of the City authorized the release of deed restrictions that existed on the current library property. Subsequently, it was discovered that a similar deed restriction also existed on a part of Lot 15, behind the current library. DRAFT 7/13/04 Do you consent to the release of the restriction on part of Lot 15, authorizing the sale of the property with the proceeds to be used for public parking? YES [] NO [] NOW, THEREFORE, the City Clerk of the City of Delray Beach, Florida serves notice that the results of the above-described referendum election were as follows: YES NO The Majority of the voters casting a ballot at the referendum election held on November 2, 2004, have voted to release or not release (cimle one) the deed restrictions on the property and authorizinq or not authorizinq (circle one) the transfer, sale and conveyance of the land known as the North 48 feet of Lot 15, Block 101 of the Town of Delray, formally Linton, according to the Plat thereof on file in the offices of the Clerk of the Circuit Court in and for Palm Beach County, said deed being recorded at Book 525, Page 504 of the Public Records of Palm Beach County. DATED this __ day of ,2004. SWORN TO AND SUBCRIBED Before me this __ day of CITY CLERK ,2004. DRAFT 7/13/04 [lTV OF DELRrIV BEI:I[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Pe~tr~a~. DATE: TO: MEMORANDUM July 22, 2004 David Harden, City Manager Chevelle Nubin, Acting City Clerk Wdter's Direct Line: 561/243~7091 FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance 41-04 and 40-04 Referendum Questions/Referendum Questions for November 2, 2004 Election Attached please find resolutions and ordinances regarding the referendum questions that need to be placed on the August 3, 2004 City Commission agenda. Please place the resolutions and ordinances on the agenda as required, and take all other steps necessary to make sure the questions are put on the ballot. If you have any further questions, please do not hesitate to call. Attachment Package #2 Ordinance No. 41-04 Part of Tennis Center Parking Lot Located on Block 52 Draft 7/13/04 ORDINANCE NO. 41-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM OF THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT FOR THE RELEASE OF DEED RESTRICTIONS, AND ALLOWING THE TRANSFER AND SALE OF PART OF BLOCK 52 NOW USED FOR PARKING AND LOCATED ON THE NORTHWEST CORNER OF N.W. 1sT AVENUE AND ATLANTIC AVENUE iN THE CITY OF DELRAY BEACH, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM ON THE ISSUE TO BE HELD ON NOVEMBER 2, 2004 AND PROVIDING AN EFFECTIVE DATE. WHEREAS, two of the deeds to the City on property owned by the City located on the southeast portion of the Tennis Center site provides that Block 52 is to be used for municipal purposes and not to be sold or transferred by the City without first obtaining from the majority of qualified voters of said City, permission to sell and convey said lands; and WHEREAS, the restrictions set forth above are set forth in the Deed dated September 9, 1936 to the City of Delray Beach on property legally described as Block fifty-two (52) of the City of Delray Beach, formally the Town of Linton, according to the Plat thereof on file in the offices of the Clerk of the Circuit Court in and for Palm Beach County, said deed being recorded at Deed Book 532, Page 313 of the Public Records of Palm Beach County; and WHEREAS, the restriction is also contained in a Deed dated August 17, 1936 on Block 52, as recorded in Deed Book 532, Page 311 of the Public Records of Palm Beach County. WHEREAS, approval of the majority of the qualified voters of the City for the release of the same restrictive covenant was obtained by referendum held on March 13, 1990 on property on all of Block 52, in order to use the property for a public tennis facility. WHEREAS, the City desires to release a portion of Block 52 from the deed restriction, using the proceeds from any sale for public parking. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the City Commission of the City of Delrey Beach, Florida, hereby incorporates the recitals set forth above and hereby incorporates them herein in their entirety. Draft 7/22/04 1 ORD. NO. 41-04 Section 2. That the City Commission of the City of Delray Beach seeks the consent and permission of the majority of the qualified electors of the City of Delray Beach voting in a special election to release the restriction regarding the use of the property for municipal purposes, permitting the proceeds to be used for public parking purposes, and to permit the transfer and sale of part of Block fifty-two (52). Said land is located on the Northwest comer of N.W. 1st Avenue and Atlantic Avenue, legally described as: The south 94.6' of Lots 13-16, Inclusive, Block 52, Town of Linton (now Delray), as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida (less RD R/W SR 806) and that part of Abandoned N.W. 2nd Avenue adjacent thereto as recorded in OR475P285. Section 3. That a special election will be held on November 2, 2004 on the release of the restrictions on the property described in the recitals. Section 4. The form of the ballot to be used in the referendum shall be as follows: QUESTION Authorization for Sale of Parking Lot with Proceeds to be Used for Public Parking In 1990 voters released deed restrictions, authorizing the sale of the Tennis Center Property (Block 52), with proceeds to be used for a Tennis Facility. The City seeks the authority to sell the public parking portion of Lot 52, using the proceeds for public parking. Should the City have the authority to sell the eastern one-half of the public parking in front of the Tennis Center, using the proceeds for public parking? YES [] NO [] Section 5. If a majodty of the qualified voters of the City of Delray Beach actually voting in a referendum vote for the question, then it will take effect immediately on its passage. If a majority of the qualified voters of the City of Delray Beach voting in this referendum vote against the question, then this ordinance shall have no force and effect. Section 6. final reading. That this ordinance shall become effective upon its passage on second and Draft 7/22/04 2 ORD. NO. 41-04 PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. ATTEST: MAYOR CITY CLERK First Reading Second Reading Draft 7/22/04 3 ORD. NO. 41-04 NOTICE OF SPECIAL ELECTION The City of Delray Beach, Florida, hereby gives notice, pursuant to Florida Statutes 100.342, that a Special Election shall be held on November 2, 2004 on the referendum question passed by Ordinance No. 41-04 to wit: QUESTION Authorization for Sale of Parking Lot with Proceeds to be Used for Public Parking In 1990 voters released deed restrictions, authorizing the sale of the Tennis Center Property (Block 52), with proceeds to be used for a Tennis Facility. The City seeks the authority to sell the public parking portion of Lot 52, using the proceeds for public parking. Should the City have the authority to sell the eastern one-half of the public parking in front of the Tennis Center, using the proceeds for public parking? YES NO CITY OF DELRAY BEACH, FLORIDA PUBLISH: The News Chevelle Nubin Acting City Clerk [This publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum is to be held, at least 30 days prior to the referendum date.] Draft 7/13/04 NOTICE OF RESULTS OF REFERENDUM ELECTION HELD ON NOVEMBER 2, 2004 The City of Delray Beach, Florida held a referendum election on November 2, 2004 at a Special Election regarding a release of a deed restriction contained in a deed from Southard Investment Co. to the City of Delray Beach, Florida dated September 9, 1936, recorded at Deed Book 532, Page 313 of the Public Records of Palm Beach County. And as also contained in a Deed dated August 17, 1936 from Carolyn v. Southard to the City of Delray Beach on property: Recorded in Deed Book 532, Page 311 in the Public Records of Palm Beach County. The deeds referred to above contained the following restrictive language: "This Deed is made, executed and delivered to the grantee herein named for the purpose of giving and granting the party of the second part, its successors, legal representatives, and assigns the use of the above described property for public park, playground, public schools, and other municipal purposes; and said property is not to be sold, conveyed, disposed of or transferred by said City without first submitting to a vote of the duly qualified voters of the City of Delray Beach, the question as to whether or not the party of the second part shall sell or dispose of the property." The legal description of the property the City desires to obtain a release of deed restrictions on and authorizing the sale thereof is legally described as: The south 94.6' of Lots 13-16, Inclusive, Block 52, Town of Linton (now Delray), as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida (less RD PJW SR 806) and that part of Abandoned N.W. 2nd Avenue adjacent thereto as recorded in OR475P285. DRAFT 7/13/04 On November 2, 2004, a special election was held and the following referendum question appeared on the ballot: QUESTION Authorization for Sale of Parking Lot with Proceeds to be Used for Public Parking In 1990 voters released deed restrictions, authorizing the sale of the Tennis Center Property (Block 52), with proceeds to be used for a Tennis Facility. The City seeks the authority to sell the public parking portion of Lot 52, using the proceeds for public parking. Should the City have the authority to sell the eastern one-half of the public parking in front of the Tennis Center, using the proceeds for public parking? YES [] NO [] NOW, THEREFORE, the City Clerk of the City of Delray Beach, Florida serves notice that the results of the above-described referendum election were as follows: YES NO The Majority of the voters casting a ballot at the referendum election held on November 2, 2004, have voted to release or not release (circle one) the deed restrictions on the property and agreed to authorize or not authorize (cimle one) the transfer, sale and conveyance of the land known as: The south 94.6' of Lots 13-16, Inclusive, Block 52, Town of Linton (now Delray), as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida (less RD R/VV SR 806) DRAFT 7/13/04 and that part of Abandoned N.W. 2nd Avenue adjacent thereto as recorded in OR475P285. DATED this day of SWORN TO AND SUBCRIBED Before me this ~ day of ,2004. CITY CLERK ,2004. DRAFT 7/13~04 rlTY OF DELFIFIY BEAI'H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH DATE: TO: MEMORANDUM July 21,2004 Mayor City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance ncreasin,q Salaries of the Mayor and Commissioners I have prepared the attached ordinance increasing the salaries of the Mayor and City Commissioners. The ordinance must be heard for first reading on August 3rd and a second reading on August 17th in order that the ordinance will be effective when the Mayor and Commissioners assume office on the last Thursday in Mamh of 2005. By copy to Chevelle Nubin, our office requests that this ordinance be placed on the City Commission agenda for August 3, 2004. Attachment Cc: Chevelle Nubin, Acting City Clerk ORDINANCE NO. 46-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 31, "CITY OFFICIALS AND EMPLOYEES", BY AMENDING SECTION 31.02, "COMPENSATION OF COMMISSIONERS AND MAYOR", PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the base salaries of the City Commission have not been increased for over sixteen years, except to provide for adjustments based on the average budgeted salary increases for City Employees; and WHEREAS, the City performed a salary survey, wherein it was noted that the salaries for Mayor and Commissioners have not kept pace with neighboring municipalities that also have a Council-City Manager form of Government; and WHEREAS, the City Commission desires to amend its ordinance to increase the salary of the Mayor and City Commissioners in order to bring their salaries in line with those in neighboring municipalities; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 31, "City Officials and Employees," Section 31.02, "Compensation of Commissioners and Mayor" is hereby amended to read as follows: Section 31.02 COMPENSATION OF COMMISSIONERS AND MAYOR. Each Commissioner, during the term of his or her office, shall receive compensation in the amount of ~.w. .... seven hundred and fifty dollars ~,-~¢A~n.~.vv,~m ($750.00) per month. The Mayor, during his or her term of office, shall receive compensation in the amount of ~'"' ~''''''~-'~'~ '~"""'~ /¢~nn nm one thousand dollars ($1 000 00) per month. However, effective in March 2001, and annually thereafter, the compensation shall be adjusted annually based on the average budgeted salary adjustment, if any, budgeted for the City's general employees, payable to all Commissioners and Mayor beginning in March of each year on the date of the assumption to office of the Mayor and Commissioners. The Mayor and Commissioners elected thereafter shall receive the compounded compensation monthly. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portions 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 4. This ordinance shall become effective as provided by Section 3.10(A) of the City Charter of the City of Delray Beach, on the last Thursday in March 2005. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. ATTEST: MAYOR CITY CLERK First Reading Second Reading 2 ORD NO. 46-04 ORDINANCE NO. 65-78 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH , FLORIDA, AMENDING C~IAPTBR 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES OF TBE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2-1.1 TO PROVIDE T~AT EACH COUNCILMEMBER'S SALARY SHALL BE INCREASED FROM $300 PER MONTH TO $400 PER MONTH AND THE MAYOR'S S~2%RY SMALL BE INCREASED FROM $400 PER MONTH TO $500 PER MONTE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. W~EREAS, the workload of the City Council has increased dramati- cally in the last few years; and, ~EREAS, this increase in work program necessitates the Mayor and Councilmembers to devote more time to City affairs; and, WHEREAS, the Financial Advisory Board of the City of Delray Beach has recommended an increase in the compensation to the Mayor and Councilmembers; and, WHEBE4%S, the City Council concurs in this recommendation, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2-1.1 of Chapter 2 of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 2-1.1. Compensation of councilmember and mayor. Each member of the city council of the City of Delray Beach, Florida, durinq the term of his or her term of office, shall receive compensation {n the amount of %h~ee-han~e~-de~e~s-~$~evSS~ four hundred dollars ($400.00) per month, and the mayor of said city, during his or her term of office, shall receive compensation in the amount of h~n~e~-~e~a~s-~$4eS~SS~ five hundred dollars ($500.00) per month. Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby ~epealed. Section 3. That this ordinance shall become effective April 2, 1979. PASSED AND ADOPTED in regular session on second and final reading on this the 25th ~ay of September , 1978. ATTEST: ' / City Clerk